11008 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50639D; FRL–6823–6]

RIN 2070–AD43

Perfluoroalkyl Sulfonates; Significant

New Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is issuing a significant

new use rule (SNUR) under section

5(a)(2) of the Toxic Substances Control

Act (TSCA) for 13 chemicals, including

polymers, that are derived from

perfluorooctanesulfonic acid (PFOSH)

and its higher and lower homologues.

These chemicals are collectively

referred to as perfluoroalkyl sulfonates,

or PFAS. This rule requires

manufacturers and importers to notify

EPA at least 90 days before commencing

the manufacture or import of these

chemical substances for the significant

new uses described in this document.

EPA believes that this action is

necessary because the PFAS component

of these chemical substances may be

hazardous to human health and the

environment. The required notice will

provide EPA with the opportunity to

evaluate an intended new use and

associated activities and, if necessary, to

prohibit or limit that activity before it

occurs. This action promulgates a

portion of the proposed SNUR originally

published in the Federal Register of

October 18, 2000. This action also

removes from the SNUR two chemicals

that were listed erroneously in that

original proposal. Published elsewhere

in today’s issue of the Federal Register

is a supplemental proposed rule which

addresses the remainder of the

chemicals listed in the original

proposed SNUR.

DATES: This final rule is effective on

April 10, 2002.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Barbara

Cunningham, Acting Director,

Environmental Assistance Division

(7408M), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 554–1404; e-mail address:

TSCA-Hotline@epa.gov.

For technical information contact:

Mary F. Dominiak, Chemical Control

Division, (7405M), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460;

telephone number: (202) 564–8104; email address: dominiak.mary@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you manufacture (defined

by statute to include import) any of the

chemical substances that are listed in

Table 2 of this unit. Persons who intend

to import any chemical substance

governed by a final SNUR are subject to

the TSCA section 13 (15 U.S.C. 2612)

import certification requirements, and

to the regulations codified at 19 CFR

12.118 through 12.127 and 12.728.

Those persons must certify that they are

in compliance with the SNUR

requirements. The EPA policy in

support of import certification appears

at 40 CFR part 707, subpart B. In

addition, any persons who export or

intend to export any of the chemical

substances listed in Table 2 of this unit

are subject to the export notification

provisions of TSCA section 12(b) (15

U.S.C. 2611(b)), and must comply with

the export notification requirements in

40 CFR 721.20 and 40 CFR part 707,

subpart D. Potentially affected

categories and entities may include, but

are not limited to:

TABLE 1.—POTENTIALLY AFFECTED ENTITIES

Categories NAICS codes Examples of potentially affected entities

Chemical Manufacturers or Importers 325 Persons who manufacture (defined by statute to include import) one or more of

the subject chemical substances

Chemical Exporters 325 Persons who export, or intend to export, one or more of the subject chemical

substances

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table in this

unit could also be affected. The North

American Industrial Classification

System (NAICS) codes have been

provided to assist you and others in

determining whether or not this action

applies to certain entities. To determine

whether you or your business is affected

by this action, you should carefully

examine the applicability provisions in

40 CFR 721.5 for SNUR-related

obligations. Also, consult Unit II. Note

that because this rule designates certain

manufacturing and importing activities

as significant new uses, persons that

solely process existing stocks of the

chemical substances that are covered by

this action would not be subject to the

rule. If you have any questions

regarding the applicability of this action

to a particular entity, consult the

technical person listed under FOR

FURTHER INFORMATION CONTACT.

One chemical in Table 2 of this unit

is identified by both premanufacture

notice (PMN) and Chemical Abstract

Service number (CAS No.). In the

proposed SNUR, only the PMN

appeared with the chemical.

TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS FINAL RULE

CAS No./PMN CAS Ninth Collective Index Name

2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro30381–98–7 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-

heptadecafluoro-, ammonium salt

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations 11009

TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS FINAL RULE—Continued

CAS No./PMN CAS Ninth Collective Index Name

57589–85-2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-,

monopotassium salt

61660–12-6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trimethoxysilyl)propyl]-

67969–69-1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]-,

diammonium salt

68608–14-0 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 1,1’-methylenebis[4-

isocyanatobenzene]

70776–36-2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 1,1-dichloroethene, 2-

[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2-

[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2-

[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2-

[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2-

[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate

127133–66–8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoroC4-8-alkyl)sulfonyl]amino]ethyl methacrylate

148240–78–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters

148684–79–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6-

diisocyanatohexane homopolymer and ethylene glycol

178535–22–3 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl)-, polymers with 1,1’-methylenebis[4-

isocyanatobenzene] and polymethylenepolyphenylene isocyanate, 2-ethylhexyl esters, Me Et ketone

oxime-blocked

P–94–2205 Polymethylenepolyphenylene isocyanate and bis(4-NCO-phenyl)methane reaction products with 2-ethyl-1-

hexanol, 2-butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8 perfluoroalkanesulfonamide

P–96–1645

306974–63–0

Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl esters

B. How Can I Get Additional

Information, Including Copies of this

Document or Other Related Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this document,

on the Home Page select ‘‘Laws and

Regulations,’’ ‘‘Regulations and

Proposed Rules,’’ and then look up the

entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPPTS–50639D. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, and other information

related to this action, including any

information claimed as Confidential

Business Information (CBI). This official

record includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the TSCA

Nonconfidential Information Center,

North East Mall Rm. B–607, Waterside

Mall, 401 M St., SW., Washington, DC.

The Center is open from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The telephone number for the

Center is (202) 260–7099.

II. Background

A. What Action is the Agency Taking?

This rule requires persons to notify

EPA at least 90 days before commencing

the manufacture or import of the

chemical substances identified in Table

2, Unit I.A., for the significant new use

described in this document. The

chemical substances identified in Table

2, Unit I.A., are 13 chemical substances,

including polymers, that are derived

from PFOSH and its homologues. These

chemical substances are collectively

referred to throughout this rule as PFAS.

In the original proposed SNUR, these

chemicals had been referred to

collectively as perfluorooctyl sulfonates,

or PFOS, but commenters noted that

this generic usage of the term PFOS was

inconsistent with the use by the

manufacturer, the Minnesota Mining

and Manufacturing Company (3M), of

PFOS to refer only to chemicals with an

eight-carbon, or C8, chain length. Many

of the chemicals in the SNUR include a

range of carbon chain lengths, although

they all include C8 within the range.

Accordingly, EPA will use the generic

term PFAS to refer to any carbon chain

length, including higher and lower

homologues as well as C8, and the term

PFOS to represent only those chemical

substances which are predominantly C8.

The significant new use described by

this document is: The manufacture or

import for any use of any of the

chemicals listed in Table 2, Unit I.A., on

or after January 1, 2001.

The chemical substances subject to

this SNUR are listed in Table 2, Unit

I.A. All of these chemical substances

have the potential to degrade to PFOSH

in the environment. Information also

suggests that these chemical substances

may be converted to PFOSH via

incomplete oxidation during the

11010 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

incineration of PFOS-containing

materials. Once PFOSH has been

released to the environment, it does not

undergo further chemical (hydrolysis),

microbial, or photolytic degradation.

PFOS is highly persistent in the

environment and has a strong tendency

to bioaccumulate. Studies have found

PFOS in very small quantities in the

blood of the general human population

as well as in wildlife, indicating that

exposure to the chemicals is

widespread, and recent tests have raised

concerns about their potential

developmental, reproductive, and

systemic toxicity (Refs. 1, 2, and 3).

These facts, taken together, raise

concerns for long term potential adverse

effects in people and wildlife over time

if PFOS should continue to be

produced, released, and built up in the

environment.

Based on all information available to

EPA, including the comments filed on

the proposed SNUR published in the

Federal Register of October 18, 2000 (65

FR 62319) (FRL–6745–5), EPA believes

that the chemical substances listed in

Table 2, Unit I.A., were manufactured

and imported in the United States only

by 3M (Refs. 4 and 5). 3M committed to

phase out these chemicals voluntarily

by discontinuing their manufacture on a

global basis by the end of December

2000, and 3M has confirmed that these

chemicals were discontinued on

schedule (Refs. 6 and 7). EPA believes

that any manufacture or import for any

use of these specific PFAS chemicals

occurring after 3M’s phase-out would

thus be new. All manufactured PFAS

has the potential to contribute to the

globally available reservoir of PFAS that

has resulted in the detectable levels of

PFOS in the general population and

wildlife. Any new manufacture or

import of the PFAS chemicals listed in

this rule, particularly for their historical,

high volume uses, would significantly

increase the magnitude and duration of

exposure to these chemicals by adding

to the existing burden of PFOS in the

environment.

The chemical substances listed in

Table 2, Unit I.A., were principally

associated with uses in carpet, fabric,

leather, textile, and paper coatings.

None of the comments received on the

proposed SNUR addressed any of these

uses or focused on these particular

substances. Although certain initial

comments filed on the proposed SNUR

sought blanket exemptions for specific

uses of any chemical substances listed

in the proposed SNUR, including the

ones covered by this final rule,

subsequent clarifications and additional

correspondence submitted to the docket

by the commenters indicated that none

of the chemical substances listed in

Table 2, Unit I.A., were or are being

manufactured for, imported, or used in

any of the specific uses for which they

sought an exemption.

This action also removes from the

original proposed SNUR two chemicals

which were not included in the 3M

phaseout plan. These two chemicals

(CAS No. 148240–79–3 and CAS No.

148240–81–7) were listed in the

originally proposed SNUR due to an

error by EPA in correlating information

provided by 3M with chemical identity

data furnished by the Chemical Abstract

Service. Comments submitted by 3M

pointed out this error. EPA

acknowledges that, because these two

chemicals were not included in the 3M

phaseout plan, they should not have

been included in the original proposed

SNUR. Accordingly, these two

chemicals are not subject to any current

proposed or final SNUR, and thus

would not be subject to any

corresponding SNUR-related reporting

obligations.

Other chemicals originally included

in the two tables in the proposed SNUR

are addressed separately in a

supplemental proposed SNUR

published elsewhere in today’s issue of

the Federal Register. This final rule

applies only to the specific chemical

substances listed in Table 2, Unit I.A.,

on which no comments were received.

B. What is the Agency’s Authority for

Taking this Action?

Section 5(a)(2) of TSCA (15 U.S.C.

2604(a)(2)) authorizes EPA to determine

that a use of a chemical substance is a

‘‘significant new use.’’ The Agency

makes this determination by rule after

considering all relevant factors,

including those listed in TSCA section

5(a)(2). These factors include the

volume of a chemical substance’s

production; the extent to which a use

changes the type, form, magnitude, or

duration of exposure to the substance;

and the reasonably anticipated manner

of producing or otherwise managing the

substance. Once EPA makes this

determination and promulgates a SNUR,

TSCA section 5(a)(1)(B) requires persons

to submit a significant new use notice

(SNUN) to EPA at least 90 days before

they manufacture, import, or process the

chemical substance for that significant

new use (15 U.S.C. 2604 (a)(1)(B)).

With respect to the chemical

substances listed in Table 2, Unit I.A.,

all production had ceased on or before

December 31, 2000, as discussed in Unit

II.A. Any new manufacture or import for

any use following that date would thus

significantly change the volume of

production, which was zero. By adding

to the base amount of PFOS already

detected in the environment around the

world, any new manufacture or import

for any use of these substances would

also change the magnitude and duration

of exposure to PFOS, because PFOS has

been found to be both persistent and

bioaccumulative. No comments

submitted on the proposed SNUR

suggested that these specific substances

might be produced or managed any

differently than they were in the past if

they were to be produced again,

particularly for their former uses,

leading to the reasonable inference that

any new manufacture or importation of

these substances for any use would

present hazard, exposure, and release

concerns similar to those which

prompted the promulgation of this

SNUR. Accordingly, pursuant to TSCA

section 5(a)(1)(B), EPA requires persons

to submit a SNUN to EPA at least 90

days before they manufacture or import

the chemical substances listed in Table

2 for any use (15 U.S.C. 2604 (a)(1)(B)).

As noted in the proposed SNUR, EPA

believes that the intent of TSCA section

5(a)(1)(B) is best served by designating

a use as a significant new use as of the

proposal date of the SNUR, rather than

as of the effective date of the final rule.

If uses begun after publication of the

proposed SNUR were considered to be

ongoing, rather than new, it would be

difficult for EPA to establish SNUR

notice requirements, because any person

could defeat the SNUR by initiating the

proposed significant new use before the

rule became final, and then argue that

the use was ongoing.

Accordingly, persons who may have

begun commercial manufacture or

import of the PFAS chemicals listed in

Table 2, Unit I.A., for the significant

new uses listed in this final SNUR after

the proposal was published on October

18, 2000, must stop that activity before

the effective date of this final rule.

Persons who ceased those activities will

have to meet all SNUR notice

requirements and wait until the end of

the notice review period, including all

extensions, before engaging in any

activities designated as significant new

uses. If, however, persons who may

have begun commercial manufacture or

import of these chemical substances

between the proposal and the effective

date of the SNUR meet the conditions of

advance compliance as codified at 40

CFR 721.45(h), those persons will be

considered to have met the final SNUR

requirements for those activities.

III. References

These references have been placed in

the official record that was established

under docket control number OPPTS–

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations 11011

50639 for this rulemaking as indicated

in Unit I.B.2. Reference documents

identified with an Administrative

Record number (AR) are cross-indexed

to non-regulatory, publicly accessible

information files maintained in the

TSCA Nonconfidential Information

Center. Copies of these documents can

be obtained as described in Unit I.B.2.

1. (AR226–0620) Sulfonated

Perfluorochemicals in the Environment:

Sources, Dispersion, Fate, and Effects.

3M. St. Paul, MN. March 1, 2000.

2. (AR226–0547) The Science of

Organic Fluorochemistry. 3M. St. Paul,

MN. February 5, 1999.

3. (AR226–0548) Perfluorooctane

Sulfonate: Current Summary of Human

Sera, Health and Toxicology Data. 3M.

St. Paul, MN. January 21, 1999.

4. (AR226–0550) Fluorochemical Use,

Distribution, and Release Overview. 3M.

St. Paul, MN. May 26, 1999.

5. Rice, Cody. Domestic

Manufacturers or Importers of PFOS

Chemicals Other Than 3M. USEPA/

OPPT/EETD. Washington, DC. August

31, 2000.

6. (AR226–0600) Weppner, William

A. Phase-out Plan for POSF-Based

Products. 3M. St. Paul, MN. July 7,

2000.

7. (AR226–0997) Santoro, Mike. Email to Charles Auer, Production of

PFOS Derivatives. 3M. St. Paul, MN.

March 2, 2001.

IV. Regulatory Assessment

Requirements

Under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993),

the Office of Management and Budget

(OMB) has determined that SNURs are

not a ‘‘significant regulatory action’’

subject to review by OMB, because

SNURs do not meet the criteria in

section 3(f) of the Executive order.

Based on EPA’s experience with past

SNURs, State, local, and tribal

governments have not been impacted by

these rules, and EPA does not have any

reasons to believe that any State, local,

or tribal government will be impacted

by this rule. As such, EPA has

determined that this regulatory action

does not impose any enforceable duty,

contain any unfunded mandate, or

otherwise have any effect on small

governments subject to the requirements

of sections 202, 203, 204, or 205 of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Public Law 104–4).

This rule does not have tribal

implications because it is not expected

to have substantial direct effects on

Indian Tribes. This does not

significantly or uniquely affect the

communities of Indian tribal

governments, nor does it involve or

impose any requirements that affect

Indian Tribes. Accordingly, the

requirements of section 3(b) of

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

276755, May 19, 1998), do not apply to

this rule. Executive Order 13175,

entitled Consultation and Coordination

with Indian Tribal Governments (65 FR

67249, November 6, 2000), which took

effect on January 6, 2001, revokes

Executive Order 13084 as of that date.

EPA developed this rulemaking,

however, during the period when

Executive Order 13084 was in effect;

thus, EPA addressed tribal

considerations under Executive Order

13084. For the same reasons stated for

Executive Order 13084, the

requirements of Executive Order 13175

do not apply to this rule either. Nor will

this action have a substantial direct

effect on States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government, as

specified in Executive Order 13132,

entitled Federalism (64 FR 43255,

August 10, 1999).

This rule is not subject to Executive

Order 13211, entitled Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use (66 FR 28355, May

22, 2001), because this action is not

expected to affect energy supply,

distribution, or use.

In issuing this rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct, as

required by section 3 of Executive Order

12988, entitled Civil Justice Reform (61

FR 4729, February 7, 1996).

EPA has complied with Executive

Order 12630, entitled Governmental

Actions and Interference with

Constitutionally Protected Property

Rights (53 FR 8859, March 15, 1988), by

examining the takings implications of

this rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the Executive

Order.

This action does not involve special

considerations of environmental justice

related issues as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994).

This action is not subject to Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997), because this is not an

economically significant regulatory

action as defined by Executive Order

12866, and this action does not address

environmental health or safety risks

disproportionately affecting children.

In addition, since this action does not

involve any technical standards, section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note), does not

apply to this action.

Pursuant to section 605(b) of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), the Agency hereby

certifies that promulgation of this SNUR

will not have a significant adverse

economic impact on a substantial

number of small entities. A SNUR

applies to any person (including small

or large entities) who intends to engage

in any activity described in the rule as

a ‘‘significant new use.’’ By definition of

the word ‘‘new,’’ and based on all

information currently available to EPA,

it appears that no small or large entities

currently engage in such activity. Since

a SNUR requires merely that any person

who intends to engage in such activity

in the future must first notify EPA (by

submitting a SNUN), no economic

impact will even occur until someone

decides to engage in those activities. As

a voluntary action, it is reasonable to

presume that this decision would be

based on a determination by the person

submitting the SNUN that the potential

benefits would outweigh the costs.

Although some small entities may

decide to conduct such activities in the

future, EPA cannot presently determine

how many, if any, there may be. EPA’s

experience to date is that, in response to

the promulgation of over 530 SNURs,

the Agency has received fewer than 15

SNUNs. Of those SNUNs submitted,

none appear to be from small entities. In

fact, EPA expects to receive few, if any,

SNUNs from either large or small

entities in response to any SNUR.

Therefore, EPA believes that the

economic impact of complying with a

SNUR is not expected to be significant

or adversely impact a substantial

number of small entities. This rationale

has been provided to the Chief Counsel

for Advocacy of the Small Business

Administration.

According to the Paperwork

Reduction Act (PRA), 44 U.S.C. 3501 et

seq., an agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

that requires OMB approval under the

11012 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

PRA, unless it has been approved by

OMB and displays a currently valid

OMB control number. The OMB control

numbers for EPA’s regulations, after

initial display in the Federal Register

and in addition to its display on any

related collection instrument, are listed

in 40 CFR part 9.

The information collection

requirements related to this action have

already been approved by OMB

pursuant to the PRA under OMB control

number 2070–0038 (EPA ICR No.

1188.06). This action does not impose

any burden requiring additional OMB

approval. If an entity were to submit a

SNUN to the Agency, the annual burden

is estimated to average between 98.96

and 118.92 hours per response at an

estimated reporting cost of between

$5,957 and $7,192 per SNUN. This

burden estimate includes the time

needed to review instructions, search

existing data sources, gather and

maintain the data needed, and

complete, review and submit the

required SNUN, and maintain the

required records. This burden estimate

does not include 1 hour of technical

time at $64.30 per hour estimated to be

required for customer notification of

SNUR requirements, or the $2,500 user

fee for submission of a SNUN ($100 for

businesses with less than $40 million in

annual sales).

Send any comments about the

accuracy of the burden estimate, and

any suggested methods for minimizing

respondent burden, including through

the use of automated collection

techniques to the Director, Collection

Strategies Division, Office of

Environmental Information,

Environmental Protection Agency

(2822), 1200 Pennsylvania Ave., NW.,

Washington, DC 20460. Please

remember to include the OMB control

number in any correspondence, but do

not submit any completed forms to this

address.

V. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

Agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and the Comptroller General of

the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: March 4, 2002.

William H. Sanders, III,

Director, Office of Pollution Prevention and

Toxics.

Therefore, 40 CFR chapter I is

amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

continues to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

2. By adding new § 721.9582 to

subpart E to read as follows:

§ 721.9582 Certain perfluoroalkyl

sulfonates.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances listed in

Table 1 of this paragraph are subject to

reporting under this section for the

significant new uses described in

paragraph (a)(2) of this section.

TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001

CAS No./PMN CAS Ninth Collective Index Name

2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1- ethanediyl)]tris[N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro30381–98–7 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-

heptadecafluoro-, ammonium salt

57589–85–2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-,

monopotassium salt

61660–12–6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trimethoxysilyl)propyl]-

67969–69–1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]-,

diammonium salt

68608–14–0 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 1,1’-methylenebis[4-

isocyanatobenzene]

70776–36–2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 1,1-dichloroethene, 2-

[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2-

[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2-

[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2-

[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2-

[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate

127133–66–8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoroC4-8-alkyl)sulfonyl]amino]ethyl methacrylate

148240–78–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters

148684–79–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6-

diisocyanatohexane homopolymer and ethylene glycol

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations 11013

TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001—Continued

CAS No./PMN CAS Ninth Collective Index Name

178535–22–3 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl)-, polymers with 1,1’-methylenebis[4-

isocyanatobenzene] and polymethylenepolyphenylene isocyanate, 2-ethylhexyl esters, Me Et ketone

oxime-blocked

P–94–2205 Polymethylenepolyphenylene isocyanate and bis(4-NCO-phenyl)methane reaction products with 2-ethyl-1-

hexanol, 2-butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8 perfluoroalkanesulfonamide

P–96–1645

306974–63–0

Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl esters

(2) The significant new uses are:

(i) Any manufacture or import for any

use of any chemical listed in Table 1 of

paragraph (a)(1) of this section on or

after January 1, 2001.

(ii) [Reserved]

(b) [Reserved]

[FR Doc. 02–5746 Filed 3–8–02; 8:45 am]

BILLING CODE 6560–50–S