11014 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50639C; FRL–6823–7]

RIN 2070–AD43

Perfluoroalkyl Sulfonates; Proposed

Significant New Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Supplemental proposed rule.

SUMMARY: EPA is proposing a

supplemental significant new use rule

(SNUR) under section 5(a)(2) of the

Toxic Substances Control Act (TSCA)

for the following 75 substances:

Perfluorooctanesulfonic acid (PFOSH)

and certain of its salts (PFOSS),

perfluorooctanesulfonyl fluoride

(POSF), certain higher and lower

homologues of PFOSH and POSF, and

certain other chemical substances,

including polymers, that are derived

from PFOSH and its homologues. These

chemicals are collectively referred to as

perfluoroalkyl sulfonates, or PFAS. This

proposed rule would require

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.

This supplemental action takes into

account comments received on an

earlier proposed SNUR published in the

Federal Register of October 18, 2000,

amends the description and the list of

chemicals to which this proposed SNUR

would apply, and clarifies the

definitions of significant new uses. 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.

Published elsewhere in today’s issue of

the Federal Register is a final rule

which addresses the remainder of the

chemicals listed in the original

proposed SNUR.

DATES: Comments, identified by docket

control number OPPTS–50639C, must

be received on or before April 10, 2002.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, it is imperative

that you identify docket control number

OPPTS–50639C in the subject line on

the first page of your response.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Barbara

Cunningham, Acting Director,

Environmental Assistance Division

(74080), 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), 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 Table 1 of 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 III. 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.

Some chemicals in Table 2 of this unit

are identified by both premanufacture

notice (PMN) and Chemical Abstract

Service numbers (CAS No.). In the

original proposed SNUR, only the PMN

appeared with those chemicals.

TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE

CAS No./PMN CAS Ninth Collective Index Name

307–35–7 1-Octanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoroVerDate 11<MAY>2000 16:58 Mar 08, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\FR\FM\11MRP2.SGM pfrm02 PsN: 11MRP2
Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules 11015

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

CAS No./PMN CAS Ninth Collective Index Name

307–51–7 1-Decanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro376–14–7 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester

383–07–3 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester

423–50–7 1-Hexanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro423–82–5 2-Propenoic acid, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester

754–91–6 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro1652–63–7 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide

1691–99–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-

1763–23–1 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro2795–39–3 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, potassium salt

2991–51–7 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, potassium salt

4151–50–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro14650–24–9 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester

17202–41–4 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro-, ammonium salt

24448–09–7 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-N-methyl25268–77–3 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester

29081–56–9 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, ammonium salt

29117–08–6 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-hydroxy29457–72–5 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, lithium salt

31506–32–8 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl38006–74–5 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, chloride

38850–58–7 1-Propanaminium, N-(2-hydroxyethyl)-N,N-dimethyl-3-[(3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-,

inner salt

55120–77–9 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, lithium salt

67584–42–3 Cyclohexanesulfonic acid, decafluoro(pentafluoroethyl)-, potassium salt

67906–42–7 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-, ammonium salt

68156–01–4 Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-, potassium salt

68298–62–4 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2-

[butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, methyloxirane polymer with oxirane di-2-

propenoate, methyloxirane polymer with oxirane mono-2-propenoate and 1-octanethiol

68329–56–6 2-Propenoic acid, eicosyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-

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

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

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

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

68541–80–0 2-Propenoic acid, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate

and octadecyl 2-propenoate

68555–90–8 2-Propenoic acid, butyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-

propenoate, 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

11016 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

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

CAS No./PMN CAS Ninth Collective Index Name

68555–91–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2-

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

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

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

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

propenoate

68555–92–0 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2-

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

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

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

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

propenoate

68586–14–1 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, telomer with 2-

[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-

hydroxypoly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-[(2-methyl-1-oxo-2-propenyl)oxy]poly(oxy-1,2-ethanediyl), 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate,

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

[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 1-octanethiol

68649–26–3 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-, reaction products with N-ethyl-1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-hydroxyethyl)-1-butanesulfonamide, N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-1-hexanesulfonamide, N-ethyl1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-1-pentanesulfonamide,

polymethylenepolyphenylene isocyanate and stearyl alc.

68891–96–3 Chromium, diaquatetrachloro[.mu.-[N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]glycinato-.kappa.O:.kappa.O’]]-

.mu.-hydroxybis(2-methyl-1-propanol)di68867–60–7 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2-

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

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

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

[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and .alpha.-(1-oxo-2-propenyl)-.omega.-

methoxypoly (oxy-1,2-ethanediyl)

68867–62–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2-

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

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

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

[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 1-octanethiol and .alpha.-(1-oxo-2-

propenyl)-.omega.-methoxypoly(oxy-1,2-ethanediyl)

68909–15–9 2-Propenoic acid, eicosyl ester, polymers with branched octyl acrylate, 2-

[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate, 2-[methyl

[(nonafluorobutyl)sulfonyl]amino]ethyl acrylate, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl acrylate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl acrylate, 2-

[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl acrylate, polyethylene glycol acrylate Me ether and stearyl acrylate

68958–61–2 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-methoxy70225–14–8 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, compd. with 2,2’-iminobis[ethanol]

(1:1)

71487–20–2 2-Propenoic acid, 2-methyl-, methyl ester, polymer with ethenylbenzene, 2-

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

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

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

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

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

73772–32–4 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]-2-hydroxy-, monosodium salt

81190–38–7 1-Propanaminium, N-(2-hydroxyethyl)-3-[(2-hydroxy-3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-N,Ndimethyl-, hydroxide, monosodium salt

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules 11017

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

CAS No./PMN CAS Ninth Collective Index Name

91081–99–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with epichlorohydrin,

adipates (esters)

94133–90–1 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]-2-hydroxy-,

monosodium salt

98999–57–6 Sulfonamides, C7-8-alkane, perfluoro, N-methyl-N-[2-[(1-oxo-2-propenyl)oxy]ethyl], polymers with 2-

ethoxyethyl acrylate, glycidyl methacrylate and N,N,N-trimethyl-2-[(2-methyl-1-oxo-2-propenyl)oxy]ethanaminium chloride

117806–54–9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, lithium salt

129813–71–4 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-(oxiranylmethyl)

148240–80–6 Fatty acids, C18-unsatd., trimers, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl esters

148240–82–8 Fatty acids, C18-unsatd., trimers, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl esters

182700–90–9 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-, reaction products with

benzene-chlorine-sulfur chloride (S2Cl2) reaction products chlorides

L–92–0151 2-Propenoic acid, 2-methyl-, butyl ester, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-

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

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

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

P–80–0183

192662–29–6

Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethylamino)propyl], reaction products with acrylic acid

P–83–1102

306973–46–6

Fatty acids, linseed-oil, dimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters

P–84–1163

306975–56–4

Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 2-ethyl-2-(hydroxymethyl)-1,3-

propanediol and N,N’,2-tris(6-isocyanatohexyl)imidodicarbonic diamide, reaction products with N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with

triethylamine

P–84–1171

306975–57–5

Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 1,1’-methylenebis[4-

isocyanatobenzene] and 1,2,3-propanetriol, reaction products with N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with

morpholine

P–86–0301

306973–47–7

Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 12-hydroxystearic

acid and 2,4-TDI, ammonium salts

P–86–0958

306975–62–2

2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with 2-[methyl[(perfluoro-C4-8-

alkyl)sulfonyl]amino]ethyl acrylate and vinylidene chloride

P–89–0799

160901–25–7

Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 2-ethyl-1-hexanol

and polymethylenepolyphenylene isocyanate

P–90–0111

306974–19–6

Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-[(3-octadecyl-2-oxo-5-oxazolidinyl)methyl]

P–91–1419

306975–84–8

Poly(oxy-1,2-ethanediyl), .alpha.-hydro-.omega.-hydroxy-, polymer with 1,6-diisocyanatohexane, N-(2-hydroxyethyl)-N-methyl perfluoro C4-8-alkane sulfonamides-blocked

P–93–1444

306975–85–9

2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with N-(hydroxymethyl)-2-propenamide, 2-

[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl methacrylate, stearyl methacrylate and vinylidene chloride

P–94–0545

306976–25–0

1-Hexadecanaminium, N,N-dimethyl-N-[2-[(2-methyl-1-oxo-2-propenyl)oxy]ethyl]-, bromide, polymers with

Bu acrylate, Bu methacrylate and 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate

P–94–0927

306976–55–6

2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with 2,4-diisocyanato-1-methylbenzene, 2-ethyl2-(hydroxymethyl)-1,3-propanediol and 2-propenoic acid, N-ethyl-N-(hydroxyethyl)perfluoro-C4-8-

alkanesulfonamides-blocked

P–94–2206

306974–28–7

Siloxanes and Silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propylgroup]-terminated, polymers

with 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate and stearyl methacrylate

11018 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

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

CAS No./PMN CAS Ninth Collective Index Name

P–95–0120

306980–27–8

Sulfonamides, C4-8-alkane, perfluoro, N,N’-[1,6-hexanediylbis[(2-oxo-3,5-oxazolidinediyl)methylene]]bis[NmethylP–96–1262

306974–45–8

Sulfonic acids, C6-8-alkane, perfluoro, compds. with polyethylene-polypropylene glycol bis(2-aminopropyl)

ether

P–96–1424

306977–10–6

2-Propenoic acid, 2-methyl-, 2-(dimethylamino)ethyl ester, telomer with 2-[ethyl[(perfluoro-C4-8-

alkyl)sulfonyl]amino]ethyl methacrylate and 1-octanethiol, N-oxides

P–96–1433

179005–06–2

Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts

P–97–0790

251099–16–8

1-Decanaminium, N-decyl-N,N-dimethyl-, salt with 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1-

octanesulfonic acid (1:1)

P–98–0251

306978–04–1

2-Propenoic acid, butyl ester, polymers with acrylamide, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl

acrylate and vinylidene chloride

P–98–1272

306977–58–2

2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymers with acrylic acid, 2-[methyl[(perfluoroC4-8-alkyl)sulfonyl]amino]ethyl acrylate and propylene glycol monoacrylate, hydrolyzed, compds. with

2,2’-(methylimino)bis[ethanol]

P–99–0188

306978–65–4

Hexane, 1,6-diisocyanato-, homopolymer, N-(hydroxyethyl)-N-methyl perfluoro-C4-8-alkane sulfonamidesand stearyl alc.-blocked

P–99–0319

306979–40–8

Poly(oxy-1,2-ethanediyl), .alpha.-[2-(methylamino)ethyl]-.omega.-[(1,1,3,3-tetramethylbutyl)phenoxy]-, N-

[(perfluoro-C4-8-alkyl)sulfonyl] derivs.

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–50639C. 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.

C. How and to Whom Do I Submit

Comments?

You may submit comments through

the mail, in person, or electronically. To

ensure proper receipt by EPA, it is

imperative that you identify docket

control number OPPTS–50639C in the

subject line on the first page of your

response.

1. By mail. Submit your comments to:

Document Control Office (7407M),

Office of Pollution Prevention and

Toxics (OPPT), Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

2. In person or by courier. Deliver

your comments to: OPPT Document

Control Office (DCO) in Rm. 6428, EPA

East, 1201 Constitution Ave., NW.,

Washington, DC. The DCO is open from

8 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays. The

telephone number for the DCO is (202)

564–8930.

3. Electronically. You may submit

your comments electronically by e-mail

to: oppt.ncic@epa.gov, or mail your

computer disk to the address identified

above. Do not submit any information

electronically that you consider to be

CBI. Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comments and data will

also be accepted on standard disks in

WordPerfect 6.1/8.0 or ASCII file

format. All comments in electronic form

must be identified by docket control

number OPPTS–50639C. Electronic

comments may also be filed online at

many Federal Depository Libraries.

D. How Should I Handle CBI

Information That I Want to Submit to

the Agency?

Do not submit any information

electronically that you consider to be

CBI. You may claim information that

you submit to EPA in response to this

document as CBI by marking any part or

all of that information as CBI.

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

In addition to one complete version of

the comment that includes any

information claimed as CBI, a copy of

the comment that does not contain the

information claimed as CBI must be

submitted for inclusion in the public

version of the official record.

Information not marked confidential

will be included in the public version

of the official record without prior

notice. If you have any questions about

CBI or the procedures for claiming CBI,

please consult the technical person

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules 11019

listed under FOR FURTHER INFORMATION

CONTACT.

E. What Should I Consider as I Prepare

My Comments for EPA?

We invite you to provide your views

on the various options we propose, new

approaches we have not considered, the

potential impacts of the various options

(including possible unintended

consequences), and any data or

information that you would like the

Agency to consider during the

development of the final action. You

may find the following suggestions

helpful for preparing your comments:

1. Explain your views as clearly as

possible.

2. Describe any assumptions that you

used.

3. Provide copies of any technical

information and/or data you used that

support your views.

4. If you estimate potential burden or

costs, explain how you arrived at the

estimate that you provide.

5. Provide specific examples to

illustrate your concerns.

6. Offer alternative ways to improve

the proposed rule or collection activity.

7. Make sure to submit your

comments by the deadline in this

document.

8. To ensure proper receipt by EPA,

be sure to identify the docket control

number assigned to this action in the

subject line on the first page of your

response. You may also provide the

name, date, and Federal Register

citation.

II. Background

A. What Action is the Agency Taking?

The Agency is supplementing the

proposed SNUR published in the

Federal Register of October 18, 2000 (65

FR 62319) (FRL–6745–5), to take into

account comments submitted on that

proposed rule, to amend the list of

chemical substances to which the

proposed SNUR would apply, and to

more clearly define significant new uses

of these chemical substances. This

supplemental proposed rule would

require 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 uses

described in this document. The

chemical substances identified in Table

2, Unit I.A., are 75 chemical substances,

including PFOSH, PFOSS, POSF,

certain higher and lower homologues of

PFOSH and POSF, and certain other

chemical substances, including

polymers, that are derived from PFOSH

and its homologues. These chemicals

are collectively referred to throughout

this proposed rule as PFAS. In the

original proposed SNUR, these

chemicals were referred to collectively

as perfluorooctylsulfonates, 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 proposed 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 uses described by

this document are:

1. Any manufacture or import for any

use of any chemical listed in Table 2,

Unit I.A., on or after January 1, 2003,

except as noted in Unit II.A.2.

2. Manufacture or import of any

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

solely for one or more of the following

specific uses shall not be considered as

a significant new use subject to

reporting under this section:

i. Use as an anti-erosion additive in

fire-resistant phosphate ester aviation

hydraulic fluids.

ii. Use as a component of a

photoresist substance, including a photo

acid generator or surfactant, or as a

component of an anti-reflective coating,

used in a photomicrolithography

process to produce semiconductors or

similar components of electronic or

other miniaturized devices.

iii. Use as an intermediate only to

produce other chemical substances to be

used solely for the uses listed in Unit

II.A.2.i. or ii.

iv. Use in a surface tension and static

discharge control coating on films,

papers, and printing plates, or as a

surfactant or defoamer in solutions used

to process films and papers, in

traditional and laser medical imaging

and in industrial and consumer film

products.

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)).

C. Which General Provisions Apply?

General provisions for SNURs are

published under 40 CFR part 721,

subpart A. These provisions describe

persons subject to the rule,

recordkeeping requirements,

exemptions to reporting requirements,

and applicability of the rule to uses

occurring before the effective date of the

final rule. Note that because this

proposed rule would designate certain

manufacturing and importing activities

as significant new uses, persons that

solely process or use the chemical

substances that would be covered by

this action would not be subject to the

rule. Provisions relating to user fees

appear at 40 CFR part 700. Persons

subject to this proposed SNUR would be

required to comply with the same notice

requirements and EPA regulatory

procedures as submitters of PMNs under

TSCA section 5(a)(1)(A). In particular,

these requirements include: The

information submission requirements of

TSCA section 5(b) and 5(d)(1); the

exemptions authorized by TSCA section

5 (h)(1), (2), (3), and (5); the export

notification provisions of TSCA section

12(b); and the export notification

requirements in 40 CFR part 707,

subpart D. Once EPA receives a SNUN,

EPA may take regulatory action under

TSCA sections 5(e), 5(f), 6, or 7, if

appropriate, to control the activities on

which it has received the SNUN. If EPA

does not take action, EPA is required

under TSCA section 5(g) to explain in

the Federal Register its reasons for not

taking action.

III. Summary of this Supplemental

Proposed Rule

The chemical substances subject to

this supplemental proposed SNUR are

listed in Table 2, Unit I.A. These

chemical substances include PFOSH,

PFOSS, POSF, certain higher and lower

homologues of PFOSH and POSF, and

certain other chemical substances,

including polymers, that are derived

from PFOSH and its homologues. All of

these chemical substances are referred

to collectively in this proposed rule as

perfluoroalkyl sulfonates, or PFAS. In

the original proposed SNUR (65 FR

11020 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

62319, October 18, 2000), these

chemicals had been referred to

collectively as perfluorooctylsulfonates,

or PFOS, but commenters noted that

this generic usage of PFOS was

inconsistent with 3M’s use of PFOS to

refer only to chemicals with an eightcarbon, or C8, chain length. Many of the

chemicals in the proposed SNUR

included a range of carbon chain

lengths, although they all did include

C8 within the range. Accordingly, EPA

will use the generic term PFAS to refer

to any chain length, including higher

and lower homologues as well as C8,

and the term PFOS to represent only

those chemicals which are

predominantly C8.

All of the chemical substances listed

in this supplemental proposed SNUR

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

incineration of PFAS-containing

materials. Once PFOSH has been

released to the environment, it does not

undergo further chemical (hydrolysis),

microbial, or photolytic degradation.

PFOSH is highly persistent in the

environment and has a strong tendency

to bioaccumulate. Studies have found

PFOS chemicals 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. A detailed discussion of

these concerns appeared in the original

proposed SNUR (65 FR 62319, October

18, 2000) and in the EPA Hazard

Assessment document in the docket for

the proposed SNUR (Ref. 4). In its

comments on the proposed SNUR, 3M

emphasized that no data indicated that

adverse effects were currently being

observed in humans and wildlife. 3M

also noted that additional data under

development might change some of the

EPA’s preliminary conclusions. 3M

challenged the simplification in the

preamble of EPA’s characterization of

certain of the hazard studies analyzed in

the EPA Hazard Assessment, which 3M

felt overstated some of the EPA’s hazard

conclusions. None of the other

comments submitted on the proposal

addressed the hazards, environmental

fate, or exposures associated with these

chemicals as described in the original

proposed SNUR.

The original proposed SNUR included

these and 15 other chemicals, and

would have identified as a significant

new use: Any manufacture or import of

any of these chemicals for any use on

or after January 1, 2003; and any

manufacture or import in excess of

specified volume limits between

January 1, 2001, and December 31, 2002.

At the request of prospective

commenters, EPA extended the date for

submitting comments from November

17, 2000, to January 1, 2001 (65 FR

69889, November 21, 2000) (FRL–6756–

9). Twenty-six timely comments were

submitted on the proposed SNUR.

Because of the complexity of the issues

and the interest expressed by the

commenters, EPA announced a public

meeting on the proposed SNUR (66 FR

11243, February 23, 2001) (FRL–6771–

4), which was conducted on March 27,

2001, to provide commenters with the

opportunity to expand upon their

comments, offer clarifications, and

further explain their issues and

concerns. At that meeting, several

participants expressed a willingness to

gather and submit additional

information concerning their need for

and specific use of certain of these

chemicals, and EPA indicated that it

would consider those post-meeting

submissions as a formal part of the

rulemaking record. EPA requested that

these submissions include specific

information on PFAS exposures and

releases associated with various uses, as

well as documentation about the extent

to which PFAS chemical substances on

the proposed SNUR lists were being

obtained for specific uses from sources

other than 3M, and thus would not be

affected by 3M’s unilateral decision to

discontinue production. (Ref. 5) The

final such submission was received by

the EPA on October 3, 2001. All of these

submissions are in the docket for this

proceeding.

Following review and consideration

of all the comments, correspondence,

and additional submissions, EPA

determined that the proposed SNUR

should be promulgated as final for the

13 chemicals, employed principally in

coatings for textiles, carpet, apparel,

leather, and paper, on which no

comments were received and which 3M,

the sole manufacturer, confirmed were

discontinued from manufacture before

December 31, 2000. EPA also removed

from the rule two chemicals that had

appeared by error in the original

proposed SNUR. That final rule is

published elsewhere in today’s issue of

the Federal Register.

EPA determined that the remaining 75

chemicals, which appear in Table 2,

Unit I.A., presented issues that

warranted the proposal of this

supplemental SNUR. Commenters

provided information confirming that,

contrary to the information available to

the EPA when the original proposed

SNUR was published, 3M was not the

sole manufacturer of certain of the

chemical substances on Table 2, Unit

I.A., which commenters were importing

in small quantities below mandatory

reporting thresholds for their specific

uses from non-3M sources outside the

United States prior to the publication of

the proposed SNUR. The identities,

amounts, and suppliers of those specific

chemicals were claimed as confidential

business information (CBI), and thus

cannot be specifically identified in this

proposed rule.

To the extent that specific PFAS

chemical substances on the proposed

SNUR lists were being obtained from

sources other than 3M for specific uses

prior to the publication of the proposed

SNUR, and thus would not be affected

by 3M’s unilateral decision to

discontinue production, those particular

uses of those specific chemicals would

be considered ongoing and would not be

subject to a significant new use

determination. These specific uses are:

As a component of a photoresist

substance, including a photo acid

generator or surfactant, or as a

component of an anti-reflective coating,

used in a photomicrolithography

process to produce semiconductors or

similar components of electronic or

other miniaturized devices.

Accordingly, this supplemental

proposed SNUR identifies these specific

uses of those particular chemicals as not

being significant new uses of the

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

and thus as not being subject to this

proposed SNUR.

Some commenters in this industry

who were not importing from non-3M

sources indicated that they were using

certain chemicals listed in the proposed

SNUR, as well as other PFAS chemicals

that were not included in the proposed

SNUR. Both individually and through

an industry-wide submission of mass

balance data tracking the use and final

disposition of these PFAS chemicals, all

commenters in this industry indicated

that these chemicals were used in very

small quantities under 2,000 kilograms

(kg) (4,400 lbs) per year total in the

United States, under controlled

conditions that virtually eliminated

occupational exposures to the chemicals

and presented very low releases to the

environment. They also presented

information on the lack of viable

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules 11021

alternatives for these chemicals because

of their unique performance

characteristics, and described their

efforts to further reduce the use of PFAS

chemicals and to continually improve

their handling and disposal practices to

reduce or eliminate PFAS exposures

and releases. (Ref. 6)

Given the extremely low volume of

use and the stringent controls on

exposure and releases, EPA is proposing

not to include in the definition of

significant new use the manufacture or

import of chemicals listed in Table 2,

Unit I.A., including chemicals which

had not been imported from non-3M

sources prior to the publication of the

proposed SNUR, for use as a component

of a photoresist substance, including a

photo acid generator or surfactant, or a

component of an anti-reflective coating,

used in a photomicrolithography

process to produce semiconductors or

similar components of electronic or

other miniaturized devices. EPA is

proposing this exclusion in recognition

of the industry’s commitment to

continue to pursue better controls to

ensure that this use will not increase the

type, magnitude, or duration of

exposure to PFAS chemicals.

Three commenters also provided

information indicating that their

specific use of the 3M formulations

FC93 and FC98, which contain three of

the PFAS chemicals (CAS Nos. 2795–

39–3, 67584–42–3, and 68156–01–4)

listed in Table 2, Unit I.A, as an antierosion additive in fire-resistant

phosphate ester aviation hydraulic

fluids, was critical to the safe

performance of large cargo and

passenger aircraft, and that there are at

present no viable alternatives to PFAS

for this use. These commenters also

indicated that, although 3M has been

their source, the PFAS chemicals used

in this application have also been

produced by other foreign sources prior

to the publication of the SNUR,

although they have not been imported.

They reported that the total aggregate

use of PFAS in this application by all

aviation consumers is less than 5,000

lbs per year (2,273 kg), and that because

these systems are sealed at the time of

manufacture, worker exposures and

releases to the environment are

minimal. They noted that ongoing

research for possible replacement

chemicals could not produce viable

alternatives for several years, because of

requirements that these products meet

military specifications or gain approval

from the Federal Aviation

Administration (FAA). (Refs. 7, 8, 9, and

10) Based on the information presented,

including the very low volume of use

and the low potential for exposure, as

well as the critical safety nature of the

use, EPA proposes to exclude the

manufacture or import of these PFAS

chemicals for use in this application

from the definition of significant new

use.

Commenters in the semiconductor

and aviation hydraulics industries also

indicated that, in order to produce the

specific PFAS chemicals used in their

applications, certain additional

chemicals on the list in Table 2, Unit

I.A., would be required for use as

intermediate chemicals in the

manufacturing process. Accordingly,

EPA proposes to exclude from the

significant new use definition the use of

these PFAS chemicals as intermediates

only to produce other chemicals used

solely for the excluded semiconductor

and aviation hydraulics uses.

Commenters in the photography

industry, in addition to raising the

semiconductor applications addressed

earlier in this section, also identified as

critical the use of certain PFAS

chemicals in surface tension and static

discharge control coatings on films,

papers, and printing plates, and as

surfactants and defoamers in solutions

used to process films and papers,

particularly in both traditional and laser

medical imaging and in some industrial

and consumer film products. The

industry estimated the total annual use

of these PFAS chemicals in medical

imaging for disease diagnosis at 30,600

kg (67,320 lbs), with another 5,400 kg

(11,880 lbs) used per year in industrial

(i.e., oil pipeline x-ray; aerial

reconnaissance photography) and some

consumer applications. Some

information on specific chemicals used

in these applications, as well as on the

sources of those chemicals, was claimed

as confidential. Specific information on

exposures and releases from all these

uses was not provided. These

commenters indicated that they were

conducting research to find alternatives

to these PFAS chemicals in these uses,

but that they believed they would not be

able to find and technically qualify

viable alternatives for use before the end

of the phase-out period. (Refs. 11 and

12)

EPA is proposing to exclude these

photographic uses from the definition of

significant new use in the SNUR, based

on its understanding that the industry is

actively working to move away from

these PFAS chemicals and to reduce the

use and release of PFAS. EPA is

concerned, however, that these uses,

while much lower in volume than the

discontinued coating uses on textiles,

apparel, carpet, furniture, and paper, are

substantially greater in volume than the

semiconductor and aviation uses for

which exclusions are being proposed,

and much less is known about the

extent of exposures and releases related

to these uses. EPA is concerned that

new manufacture or importation for

these photographic uses may

significantly affect the type, magnitude,

and duration of exposure to these

chemicals because of their known

persistence. EPA therefore specifically

requests comment on this proposed

exclusion of these photographic uses

from the significant new use definition,

particularly addressing the anticipated

exposures and releases that may result

from these uses, and including

information on handling and disposal

controls that would control, reduce, or

eliminate such exposures and releases.

In the absence of such information to

confirm the Agency’s understanding

and support the proposed exclusion,

EPA may include these photographic

uses in the definition of significant new

uses that would be subject to this SNUR

at such time as a final rule is

promulgated, perhaps defining the new

use based on a volume cap on new

manufacture or importation intended for

this use.

Accordingly, EPA proposes to require

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 uses described in this

document. The significant new uses

described by this notice are:

1. Any manufacture or import for any

use of any chemical listed in Table 2 of

Unit I.A., on or after January 1, 2003,

except as noted Unit III.2.

2. Manufacture or import of any

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

solely for one or more of the following

specific uses shall not be considered as

a significant new use subject to

reporting under this section:

i. Use as an anti-erosion additive in

fire-resistant phosphate ester aviation

hydraulic fluids.

ii. Use as a component of a

photoresist substance, including a photo

acid generator or surfactant, or as a

component of an anti-reflective coating,

used in a photomicrolithography

process to produce semiconductors or

similar components of electronic or

other miniaturized devices.

iii. Use as an intermediate only to

produce other chemical substances to be

used solely for the uses listed in Unit

III.2.i. or ii.

iv. Use in a surface tension and static

discharge control coating on films,

papers, and printing plates, or as a

surfactant or defoamer in solutions used

to process films and papers, in

traditional and laser medical imaging

11022 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

and in industrial and consumer film

products.

IV. Applicability of Proposed Rule to

Uses Occurring Before the Effective

Date of the Final Rule

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.

Persons who begin commercial

manufacture or import of the PFAS

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

for the significant new uses listed in this

proposed SNUR after the proposal has

been published must stop that activity

before the effective date of the 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 begin

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.

V. Summary and Response to

Comments on Original Proposed Rule

EPA received 26 timely comments on

the original proposed SNUR, and

numerous additional presentations and

correspondence at and following the

public meeting. As described in this

unit and in Unit III., all of these

materials were taken into consideration

in the preparation of this supplemental

proposed SNUR. All of these materials

have been placed in docket OPPTS–

50639.

One comment addressed the use of

PFOS in aqueous film-forming foam

(AFFF) fire fighting products, and

commended the Agency for terminating

this application. 3M voluntarily exited

this market, and was the only producer

of PFOS-based AFFF, although nonPFOS-based AFFF products using other

fluorinated surfactants remain in use

and are unaffected by this proposed

regulation. EPA is continuing to

investigate these related fluorinated

surfactants to determine whether they

may present issues and concerns similar

to those associated with PFOS.

One comment indicated that certain

of the chemicals on the list were in use

and registered as active ingredients in

pesticide formulations, and that

chemicals in such use, being regulated

by the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA), would be

excluded from the TSCA definition of a

‘‘chemical substance’’ and would thus

not be subject to the proposed SNUR or

other reporting requirements under

TSCA. Pesticides are excluded from

regulation under TSCA, although

pesticide intermediates (chemicals

manufactured for the purpose of

producing regulated pesticide

ingredients) are subject to TSCA

regulation. Following the publication of

the proposed SNUR, however, the

pesticide registrants voluntarily

negotiated product stewardship

agreements with the EPA Office of

Pesticide Programs to cancel some

registered products and to phase out

others.

Three commenters noted that three

PFAS chemicals included in the

proposed SNUR (CAS Nos. 2795–39–3,

67584–42–3, and 68156–01–4) were

components of 3M products FC93 and

FC 98, currently being used in very

small concentrations (generally less

than 500 parts per million (ppm), or

0.05% PFOS) as anti-erosion additives

in fire-resistant phosphate ester aviation

hydraulic fluids, and that these uses

were critical to the safe functioning of

control surfaces, brakes, steering, and

landing gear on virtually all large cargo,

military, and passenger transport

aircraft. The commenters indicated that

untreated phosphate ester fluids, used

for their high fire resistance, support

electrochemical erosion of control

valves within sealed hydraulic systems,

and that these PFAS chemicals were the

only additives discovered in twenty

years of research that could eliminate

this problem. They indicated that the

total aggregate use of PFAS in this

application by all aviation consumers is

less than 5,000 lbs (2,273 kg) per year,

and that because these systems are

sealed at the time of manufacture,

worker exposures and releases to the

environment are minimal. They noted

that ongoing research for possible

replacement chemicals could not

produce any viable alternatives for

several years, because of requirements

that these products meet military

specifications or gain approval from

FAA. Given the low volumes involved,

the minimal exposure and release

potential, the aviation safety

requirements, and the demonstrated

lack of viable alternatives, EPA is

proposing to exclude the manufacture or

importation of PFAS chemicals

specifically for use as an anti-erosion

additive in fire-resistant phosphate ester

aviation hydraulic fluids from the

definition of significant new use to

which this proposed SNUR would

apply. No SNUN would thus be

required from a company or individual

manufacturing or importing any of the

PFAS chemicals on Table 2, Unit I.A.,

for this specific use.

Several companies in the

semiconductor industry submitted

comments and participated in meetings

both individually and through their

respective trade associations, indicating

that 3M was not the only supplier of the

specific PFAS chemicals used in their

particular applications; some companies

supplied confidential data indicating

that they had been importing very small

quantities of certain of these chemicals

from non-3M sources. At the time the

original SNUR was proposed, EPA was

unaware that this importation was

taking place, because the quantities

involved were below the threshold for

reporting such importation to the EPA.

Both individually and through an

industry-wide mass balance submission,

the commenters indicated that these

chemicals were used in very small

quantities, under 2,000 kg (4,400 lbs)

per year total in the United States,

under controlled conditions that

virtually eliminated occupational

exposures to the chemicals. They also

presented information concerning their

search for and conversion to non-PFOS

chemicals in certain applications, as

well as ongoing modifications to their

wastewater handling and treatment

operations that would dramatically

reduce their PFAS releases to the

environment. They expressed an

interest in continuing to work with the

EPA to further reduce the use of PFAS,

but indicated that, at present, viable

alternatives for PFAS have not been

qualified for two uses critical to both the

commercial success of the industry and

to its technological contributions to

national security: as a component of a

photoresist substance, including a photo

acid generator or surfactant, or as a

component of an anti-reflective coating,

used in a photomicrolithography

process to produce semiconductors or

similar components of electronic or

other miniaturized devices.

Because companies had been

importing certain of the chemical

substances on Table 2, Unit I.A., in very

small quantities from non-3M sources

for use as a component of a photoresist

substance or an anti-reflective coating

used in a photomicrolithography

process prior to the publication of the

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules 11023

original proposed SNUR, EPA considers

those uses of those particular substances

to be ongoing, and the continuing

manufacture or import of those specific

PFAS chemicals for those uses,

particularly in the small amounts and

under the types of exposure and release

controls described by the commenters,

would thus not be subject to the SNUR,

as reflected in this supplemental

proposal. EPA further proposes to

exclude from the significant new use

definition these specific uses of the

additional PFAS chemicals on Table 2,

Unit I.A, which had not previously been

imported into the United States from

non-3M sources. In proposing this

exclusion, EPA recognizes that the

amounts involved are small, and that

the industry has committed to continue

to pursue better controls to ensure that

this use will not increase the type,

magnitude, or duration of exposure to

PFAS chemicals. No SNUN would thus

be required from a company or

individual manufacturing or importing

any of the PFAS chemicals on Table 2,

Unit I.A. for this specific use.

Commenters in both the aviation and

semiconductor industries also indicated

that certain chemical substances listed

in the SNUR are essential chemical

intermediates required to make the

PFAS products that are actually used in

electronics manufacture and hydraulic

fluids. EPA proposes to exclude from

the significant new use definition the

use of listed PFAS chemicals as

intermediates only to produce other

chemical substances to be used solely

for the semiconductor and aviation uses

already described.

EPA commends the aviation and

semiconductor industries in particular

for their diligence in providing useful

tools and information and in working

with the Agency to achieve a full

understanding of the issues presented

by PFAS in these industries. EPA

further acknowledges their pledge to

continue to work toward further

reductions in the use and release of

PFAS chemicals notwithstanding the

proposed identification of these low

volume, low release, and controlled

exposure uses as not included within

the definition of significant new uses

subject to this SNUR.

Four companies and a trade

association presented comments and

supplementary correspondence

concerning the use of PFAS chemicals

in the photography industry. To the

extent that those comments concerned

photomicrolithography in the

semiconductor context, they are

addressed above in the EPA’s response

to the semiconductor industry in this

unit. Separately from the semiconductor

issues, the photography industry also

identified as critical the use of certain

PFAS chemicals in surface tension and

static discharge control coatings on

films, papers, and printing plates, and

as surfactants and defoamers in

solutions used to process films and

papers, particularly in both traditional

and laser medical imaging and in some

industrial and consumer film products.

The industry estimated the total annual

use of these PFAS chemicals in medical

imaging for disease diagnosis at 30,600

kg (67,320 lbs), with another 5,400 kg

(11,880 lbs) used per year in industrial

(i.e., oil pipeline x-ray; aerial

reconnaissance photography) and some

consumer applications. Specific

information on exposures and releases

from all these uses was not provided.

Some of the specific chemicals used, the

sources from which those chemicals

were obtained, and the amounts used by

individual companies were claimed as

confidential business information. The

photographic industry commenters

expressed willingness to work toward

reducing the amount of PFAS being

used in their applications, but indicated

concern that viable alternatives might

not be available or qualified by the

phase-out date announced by 3M and

reflected in the original proposed

SNUR. They requested an extension of

the phase-out period for their claimed

critical use applications.

The phase-out dates in the original

proposed SNUR were determined by

3M’s voluntary commitment to

discontinue production of these PFAS

chemicals. The basis for EPA’s original

SNUR proposal was that any production

of these chemicals following the 3M

phaseout would by definition be new,

since at the time the proposal issued,

3M had been the sole producer; and any

new production would necessarily

affect the type, magnitude, and duration

of exposure, because these chemicals

are persistent. New production would

add to the base amount of these

chemicals already present in the

environment, and widespread exposure

to these chemicals has been

demonstrated through the detection of

PFOS in the blood of the general

population and of wildlife.

The commenters did not propose a

time frame for an extended phase-out of

these chemicals for their specific use.

Because the amount of time that might

be required is uncertain, instead of

proposing a specific extension of the

phase-out period, EPA is proposing to

exclude these photographic uses from

the definition of a significant new use

under the SNUR, on the understanding

that the industry is actively working to

move away from these PFAS chemicals

and to reduce the use and release of

PFAS. EPA is concerned, however, that

these uses, while much lower in volume

than the discontinued coating uses on

textiles, apparel, carpet, furniture, and

paper, are substantially greater than the

semiconductor and aviation uses for

which exclusions are also being

proposed, and much less is known

about the extent of exposures and

releases related to these uses. EPA is

concerned that these photographic uses

may significantly affect the type,

magnitude, and duration of exposure to

these chemicals because of their known

persistence. EPA therefore specifically

requests comment on this proposed

exclusion of these photographic uses,

particularly addressing the anticipated

exposures and releases that may result

from these uses, and including

information on handling and disposal

controls that would control, reduce, or

eliminate such exposures and releases.

In the absence of such information to

confirm the Agency’s understanding

and support the proposed exclusion,

EPA may include these photographic

uses in the definition of significant new

uses that would be subject to this SNUR

at such time as a final rule is

promulgated, perhaps defining the new

use based on a volume cap on new

manufacture or importation intended for

this use.

One commenter indicated that it

imported small quantities of some of the

chemicals listed in the original

proposed SNUR for various

applications, but gave no further

information to identify which chemicals

it imported, or whether 3M—which has

production facilities abroad—was the

source of the imported chemicals. Some

of the uses mentioned in this comment

have been addressed in this unit in the

contexts of the industries which

provided more details on use. Without

more specific substantiation of the

asserted importation, this comment

cannot be further addressed.

One private citizen commended the

EPA for taking action on PFOS, but

noted that there must be more PFAS

chemicals on the Inventory than were

listed in the original SNUR, and that

similar action should be taken to

address those other chemicals. EPA is

evaluating other PFAS and PFASrelated chemicals, but used the

mechanism of the proposed SNUR to

address the specific chemicals that it

had sufficient reason to believe were

either not currently in use or were being

phased out by their sole producer. If

regulatory action on other PFAS or

PFAS-related chemicals is warranted,

EPA will propose appropriate action

when its evaluation is complete.

11024 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

The National Aeronautics and Space

Administration (NASA) noted that it

used many chemicals in its Space

Shuttle program and was not certain at

the time of its initial comment

submission whether those would

include any of the PFAS chemicals in

the proposed SNUR. EPA has not

received any subsequent

communications from NASA that would

indicate that NASA concluded that the

proposed SNUR would present issues.

3M provided comments suggesting

some changes in the acronyms used in

the proposed SNUR to make them

consistent with the nomenclature

customarily used by 3M and the

industry. 3M also requested minor

changes to the two tables of chemicals

listed in the SNUR to correct the

assignment of four chemicals to the

wrong table, and to remove two

chemicals that had not been included in

3M’s phaseout plan. EPA adopted the

3M nomenclature and made the table

adjustments. 3M emphasized that no

data indicated that adverse effects were

currently being observed in humans and

wildlife. 3M also noted that additional

data under development might change

some of the EPA’s preliminary

conclusions. 3M challenged the

simplification in the preamble of EPA’s

characterization of certain of the hazard

studies analyzed in the EPA Hazard

Assessment, which 3M felt overstated

some of the hazard conclusions that

were drawn in the assessment. 3M

requested that these statements be

rephrased more accurately in any

discussion of hazard in the final rule.

VI. References

These references have been placed in

the official record that was established

under docket control number OPPTS–

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. Seed, Jennifer. Hazard Assessment

and Biomonitoring Data on

Perfluorooctane Sulfonate—PFOS.

USEPA/OPPT/RAD. Washington, DC.

August 31, 2000.

5. Dominiak, Mary. PFOS Public

Meeting Summary and Attendee List.

USEPA/OPPT/CCD. Washington, DC.

April 27, 2001.

6. Harper, Stephen and Dripps, Greg.

Letter (with appendices) to Charles M.

Auer. Semicondustor Industry

Association and Semiconductor

Equipment and Materials International.

Washington, DC. October 3, 2001.

7. Jarnot, Bruce. Comments of

ExxonMobil Lubricants and Petroleum

Specialties. Fairfax, VA. November 16,

2000.

8. Frank, Matthew. Comments of

Boeing. Arlington, VA. November 17,

2000.

9. Downes, Jim. Comments of Solutia.

St. Louis, MO. November 13, 2000.

10. Downes, Jim. Supplementary

Comments of Solutia at EPA Public

Meeting. Washington, DC. March 27,

2001.

11. O’Donoghue, John. PFOS and

Imaging. Presentation of Photographic

and Imaging Manufacturers Association

at EPA Public Meeting. Washington, DC.

March 27, 2001.

12. O’Donoghue, John. Letter to

Charles M. Auer, Followup to the March

27, 2001 Public Meeting. Rochester, NY.

April 24, 2001.

VII. 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 proposed rule. As such, EPA has

determined that this regulatory action

does not impose any enforceable duty,

contain any unfunded mandate, or

otherwise have any affect 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 proposed 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 proposed 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

proposed rule, 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 proposed 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 proposed 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 proposed 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 proposed 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

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules 11025

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.’’ 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 USC 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

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, as instructed in Unit I.D. or

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.

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, it is proposed that 40 CFR

chapter I be amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

would continue to read as follows:

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

2625(c).

2. By revising § 721.9582 in subpart E

to read as follows:

§ 721.9582 Certain perfluoralkyl

sulfonates.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substances listed in

Table 1 and Table 2 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

11026 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

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

CAS No./PMN CAS Ninth Collective Index Name

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

TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003

CAS No./PMN CAS Ninth Collective Index Name

307–35–7 1-Octanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro307–51–7 1-Decanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro376–14–7 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester

383–07–3 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester

423–50–7 1-Hexanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro423–82–5 2-Propenoic acid, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester

754–91–6 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro1652–63–7 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide

1691–99–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-

1763–23–1 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro2795–39–3 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, potassium salt

2991–51–7 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, potassium salt

4151–50–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro14650–24–9 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester

17202–41–4 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro-, ammonium salt

24448–09–7 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-N-methyl25268–77–3 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester

29081–56–9 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, ammonium salt

29117–08–6 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-hydroxy29457–72–5 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, lithium salt

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules 11027

TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued

CAS No./PMN CAS Ninth Collective Index Name

31506–32–8 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl38006–74–5 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, chloride

38850–58–7 1-Propanaminium, N-(2-hydroxyethyl)-N,N-dimethyl-3-[(3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-,

inner salt

55120–77–9 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, lithium salt

67584–42–3 Cyclohexanesulfonic acid, decafluoro(pentafluoroethyl)-, potassium salt

67906–42–7 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-, ammonium salt

68156–01–4 Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-, potassium salt

68298–62–4 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2-

[butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, methyloxirane polymer with oxirane di-2-

propenoate, methyloxirane polymer with oxirane mono-2-propenoate and 1-octanethiol

68329–56–6 2-Propenoic acid, eicosyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-

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

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

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

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

68541–80–0 2-Propenoic acid, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate

and octadecyl 2-propenoate

68555–90–8 2-Propenoic acid, butyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-

propenoate, 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

68555–91–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2-

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

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

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

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

propenoate

68555–92–0 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2-

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

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

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

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

propenoate

68586–14–1 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, telomer with 2-

[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-

hydroxypoly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-[(2-methyl-1-oxo-2-propenyl)oxy]poly(oxy-1,2-ethanediyl), 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate,

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

[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 1-octanethiol

68649–26–3 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-, reaction products with N-ethyl-1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-hydroxyethyl)-1-butanesulfonamide, N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-1-hexanesulfonamide, N-ethyl1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-1-pentanesulfonamide,

polymethylenepolyphenylene isocyanate and stearyl alc.

68891–96–3 Chromium, diaquatetrachloro[.mu.-[N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]glycinato-.kappa.O:.kappa.O’]]-

.mu.-hydroxybis(2-methyl-1-propanol)di68867–60–7 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2-

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

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

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

[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and .alpha.-(1-oxo-2-propenyl)-.omega.-

methoxypoly (oxy-1,2-ethanediyl)

11028 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued

CAS No./PMN CAS Ninth Collective Index Name

68867–62–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2-

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

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

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

[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 1-octanethiol and .alpha.-(1-oxo-2-

propenyl)-.omega.-methoxypoly(oxy-1,2-ethanediyl)

68909–15–9 2-Propenoic acid, eicosyl ester, polymers with branched octyl acrylate, 2-

[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate, 2-[methyl

[(nonafluorobutyl)sulfonyl]amino]ethyl acrylate, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl acrylate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl acrylate, 2-

[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl acrylate, polyethylene glycol acrylate Me ether and stearyl acrylate

68958–61–2 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-methoxy70225–14–8 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, compd. with 2,2’-iminobis[ethanol]

(1:1)

71487–20–2 2-Propenoic acid, 2-methyl-, methyl ester, polymer with ethenylbenzene, 2-

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

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

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

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

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

73772–32–4 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]-2-hydroxy-, monosodium salt

81190–38–7 1-Propanaminium, N-(2-hydroxyethyl)-3-[(2-hydroxy-3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-N,Ndimethyl-, hydroxide, monosodium salt

91081–99–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with epichlorohydrin,

adipates (esters)

94133–90–1 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]-2-hydroxy-,

monosodium salt

98999–57–6 Sulfonamides, C7-8-alkane, perfluoro, N-methyl-N-[2-[(1-oxo-2-propenyl)oxy]ethyl], polymers with 2-

ethoxyethyl acrylate, glycidyl methacrylate and N,N,N-trimethyl-2-[(2-methyl-1-oxo-2-propenyl)oxy]ethanaminium chloride

117806–54–9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, lithium salt

129813–71–4 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-(oxiranylmethyl)

148240–80–6 Fatty acids, C18-unsatd., trimers, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl esters

148240–82–8 Fatty acids, C18-unsatd., trimers, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl esters

182700–90–9 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-, reaction products with

benzene-chlorine-sulfur chloride (S2Cl2) reaction products chlorides

L–92–0151 2-Propenoic acid, 2-methyl-, butyl ester, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-

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

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

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

P–80–0183

192662–29–6

Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethylamino)propyl], reaction products with acrylic acid

P–83–1102

306973–46–6

Fatty acids, linseed-oil, dimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters

P–84–1163

306975–56–4

Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 2-ethyl-2-(hydroxymethyl)-1,3-

propanediol and N,N’,2-tris(6-isocyanatohexyl)imidodicarbonic diamide, reaction products with N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with

triethylamine

Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules 11029

TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued

CAS No./PMN CAS Ninth Collective Index Name

P–84–1171

306975–57–5

Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 1,1’-methylenebis[4-

isocyanatobenzene] and 1,2,3-propanetriol, reaction products with N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with

morpholine

P–86–0301

306973–47–7

Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 12-hydroxystearic

acid and 2,4-TDI, ammonium salts

P–86–0958

306975–62–2

2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with 2-[methyl[(perfluoro-C4-8-

alkyl)sulfonyl]amino]ethyl acrylate and vinylidene chloride

P–89–0799

160901–25–7

Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 2-ethyl-1-hexanol

and polymethylenepolyphenylene isocyanate

P–90–0111

306974–19–6

Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-[(3-octadecyl-2-oxo-5-oxazolidinyl)methyl]

P–91–1419

306975–84–8

Poly(oxy-1,2-ethanediyl), .alpha.-hydro-.omega.-hydroxy-, polymer with 1,6-diisocyanatohexane, N-(2-hydroxyethyl)-N-methyl perfluoro C4-8-alkane sulfonamides-blocked

P–93–1444

306975–85–9

2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with N-(hydroxymethyl)-2-propenamide, 2-

[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl methacrylate, stearyl methacrylate and vinylidene chloride

P–94–0545

306976–25–0

1-Hexadecanaminium, N,N-dimethyl-N-[2-[(2-methyl-1-oxo-2-propenyl)oxy]ethyl]-, bromide, polymers with

Bu acrylate, Bu methacrylate and 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate

P–94–0927

306976–55–6

2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with 2,4-diisocyanato-1-methylbenzene, 2-ethyl2-(hydroxymethyl)-1,3-propanediol and 2-propenoic acid, N-ethyl-N-(hydroxyethyl)perfluoro-C4-8-

alkanesulfonamides-blocked

P–94–2206

306974–28–7

Siloxanes and Silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propylgroup]-terminated, polymers

with 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate and stearyl methacrylate

P–95–0120

306980–27–8

Sulfonamides, C4-8-alkane, perfluoro, N,N’-[1,6-hexanediylbis[(2-oxo-3,5-oxazolidinediyl)methylene]]bis[NmethylP–96–1262

306974–45–8

Sulfonic acids, C6-8-alkane, perfluoro, compds. with polyethylene-polypropylene glycol bis(2-aminopropyl)

ether

P–96–1424

306977–10–6

2-Propenoic acid, 2-methyl-, 2-(dimethylamino)ethyl ester, telomer with 2-[ethyl[(perfluoro-C4-8-

alkyl)sulfonyl]amino]ethyl methacrylate and 1-octanethiol, N-oxides

P–96–1433

179005–06–2

Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts

P–97–0790

251099–16–8

1-Decanaminium, N-decyl-N,N-dimethyl-, salt with 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1-

octanesulfonic acid (1:1)

P–98–0251

306978–04–1

2-Propenoic acid, butyl ester, polymers with acrylamide, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl

acrylate and vinylidene chloride

P–98–1272

306977–58–2

2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymers with acrylic acid, 2-[methyl[(perfluoroC4-8-alkyl)sulfonyl]amino]ethyl acrylate and propylene glycol monoacrylate, hydrolyzed, compds. with

2,2’-(methylimino)bis[ethanol]

P–99–0188

306978–65–4

Hexane, 1,6-diisocyanato-, homopolymer, N-(hydroxyethyl)-N-methyl perfluoro-C4-8-alkane sulfonamidesand stearyl alc.-blocked

P–99–0319

306979–40–8

Poly(oxy-1,2-ethanediyl), .alpha.-[2-(methylamino)ethyl]-.omega.-[(1,1,3,3-tetramethylbutyl)phenoxy]-, N-

[(perfluoro-C4-8-alkyl)sulfonyl] derivs.

(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) Any manufacture or import for

any use of any chemical listed in Table

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

or after January 1, 2003, except as noted

in paragraph (a)(3) of this section.

(3) Manufacture or import of any

chemical listed in Table 2 of paragraph

(a)(1) of this section for the following

specific uses shall not be considered as

a significant new use subject to

reporting under this section:

(i) Use as an anti-erosion additive in

fire-resistant phosphate ester aviation

hydraulic fluids.

(ii) Use as a component of a

photoresist substance, including a photo

11030 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Proposed Rules

acid generator or surfactant, or as a

component of an anti-reflective coating,

used in a photomicrolithography

process to produce semiconductors or

similar components of electronic or

other miniaturized devices.

(iii) Use as an intermediate only to

produce other chemical substances to be

used solely for the uses listed in

paragraph (a)(3)(i) or (ii) of this section.

(iv) Use in a surface tension and static

discharge control coating on films,

papers, and printing plates, or as a

surfactant or defoamer in solutions used

to process films and papers, in

traditional and laser medical imaging

and in industrial and consumer film

products.

(b) [Reserved]

[FR Doc. 02–5747 Filed 3–8–02; 8:45 am]

BILLING CODE 6560–50–S