72854 Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 

* * * * *

[FR Doc. 02–31010 Filed 12–6–02; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721

[OPPT–2002–0043; FRL–7279–1] 

RIN 2070–AD43

Perfluoroalkyl Sulfonates; Significant 

New Use Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is issuing a significant 

new use rule (SNUR) under section 

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

Act (TSCA) for 75 substances including 

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 

rule requires manufacturers and 

importers to notify EPA at least 90 days 

before commencing the manufacture or 

import of these chemical substances for 

the significant new uses described in 

this document. EPA believes that this 

action is necessary because the PFOSH 

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.

DATES: This final rule is effective on 

January 8, 2003.

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Barbara 

Cunningham, Acting Director, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

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

TSCA-Hotline@epa.gov. 

For technical information contact: 

Mary Dominiak, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (202) 564–

8104; e-mail 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 1 of this unit. Persons who intend 

to import any chemical substance 

governed by a final SNUR are subject to 

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 1 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 entities may 

include, but are not limited to: 

• Chemical manufacturers or 

importers (NAICS 325), e.g., persons 

who manufacture (defined by statute to 

include import) one or more of the 

subject chemical substances. 

• Chemical exporters (NAICS 325), 

e.g., 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 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 this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 CFR 721.5 for SNUR-related 

obligations. Also, consult Unit II. 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.

TABLE 1.—CHEMICAL SUBSTANCES COVERED BY THIS 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-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 

Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 72855

TABLE 1.—CHEMICAL SUBSTANCES COVERED BY THIS RULE—Continued

CAS No./PMN CAS Ninth Collective Index Name 

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 

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 

72856 Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 

TABLE 1.—CHEMICAL SUBSTANCES COVERED BY THIS RULE—Continued

CAS No./PMN CAS Ninth Collective Index Name 

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, Nethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-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. 

68867–60–7 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) 

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

.kappa.O:.kappa.O’]]-.mu.-hydroxybis(2-methylpropanol)di68909–15–9 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,N-dimethyl-, 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 

Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 72857

TABLE 1.—CHEMICAL SUBSTANCES COVERED BY THIS RULE—Continued

CAS No./PMN CAS Ninth Collective Index Name 

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-

(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-

ethyl-2-(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[N-methylP–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 *

178094–69–4

1-Octanesulfonamide, N-[3-(dimethyloxidoamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-

,potassium salt 

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 

72858 Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 

TABLE 1.—CHEMICAL SUBSTANCES COVERED BY THIS RULE—Continued

CAS No./PMN CAS Ninth Collective Index Name 

P–98–1272

306977–58–2

2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymers with acrylic acid, 2-

[methyl[(perfluoro-C4-8-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 

sulfonamides- and 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. 

* Manufacturer requested change in chemical identity based on interpretation of current data. Former CAS No. 179005–06–2 is being deleted 

from the Inventory. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPPT-2002-0043. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

EPA Docket Center, Rm. B102-Reading 

Room, EPA West, 1301 Constitution 

Ave., NW., Washington, DC. The EPA 

Docket Center is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The EPA 

Docket Center Reading Room telephone 

number is (202) 566–1744 and the 

telephone number for the OPPT Docket, 

which is located in EPA Docket Center, 

is (202) 566–0280. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’listings at 

http://www.epa.gov/fedrgstr/.A 

frequently updated electronic version of 

40 CFR part 721 is available at http://

www.access.gpo.gov/nara/cfr/

cfrhtml_00/Title_40/40cfr721_00.html, a 

beta site currently under development. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number. 

II. Background 

A. What Action is the Agency Taking? 

This action promulgates the 

supplemental proposed SNUR 

published in the Federal Register of 

March 11, 2002 (67 FR 11014) (FRL–

6823–7), which modified the original 

proposed SNUR published in the 

Federal Register of October 18, 2000 (65 

FR 62319) (FRL–6745–5). 

This rule requires persons to notify 

EPA at least 90 days before commencing 

the manufacture or import of the 

chemical substances identified in Table 

1, Unit I.A., for the significant new uses 

described in this document. The 

chemical substances identified in Table 

1, 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 rule as PFAS. In the original 

proposed SNUR, these chemicals were 

referred to collectively as perfluorooctyl 

sulfonates, or PFOS, but commenters 

noted that this generic usage of the term 

PFOS was inconsistent with the use by 

the manufacturer of PFOS, 3M, to refer 

only to chemicals with an eight-carbon, 

or C8, chain length. Many of the 

chemicals in this SNUR include a range 

of carbon chain lengths, although most 

include C8 within the range. 

Accordingly, EPA uses the generic term 

PFAS to refer to any carbon chain 

length, including mixed ranges and 

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 in 

this document are: 

1. Any manufacture or import for any 

use of any chemical listed in Table 1, 

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 1, 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 in coatings for surface tension, 

static discharge, and adhesion control 

for analog and digital imaging films, 

papers, and printing plates, or as a 

surfactant in mixtures used to process 

imaging films. 

iv. Use as an intermediate only to 

produce other chemical substances to be 

used solely for the uses listed in Unit 

II.A.2.i., ii., or iii. 

The chemical substances subject to 

this SNUR are listed in Table 1, Unit 

I.A. Most of these PFAS chemical 

substances include the C8 chain length 

characteristic of PFOS and thus have the 

potential to degrade to PFOSH in the 

environment or to be converted to 

PFOSH via incomplete oxidation during 

the incineration of PFOS-containing 

materials. Once PFOSH has been 

released to the environment, it does not 

undergo further chemical (hydrolysis), 

microbial, or photolytic degradation. 

PFOS is highly persistent in the 

environment and has a strong tendency 

to bioaccumulate. Studies have found 

PFOS in very small quantities in the 

blood of the general human population 

as well as in wildlife, indicating that 

exposure to the chemicals is 

widespread, and recent tests have raised 

concerns about their potential

Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 72859

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. 

3M, the principal manufacturer of 

PFAS worldwide, voluntarily 

committed to discontinue the 

production of the specific PFOS-based 

PFAS chemicals covered by this rule by 

December 31, 2002 (Ref. 4). Based on 

the information EPA possessed when 

the original proposed SNUR was 

published, EPA concluded that this 

action by 3M would reduce manufacture 

and importation of these chemicals to 

zero, with a corresponding reduction in 

the type, form, and duration of exposure 

to these chemicals. EPA therefore 

concluded that any subsequent new 

manufacture or importation of these 

chemicals would constitute a significant 

new use. 

Commenters on the original SNUR 

proposal 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 1, Unit I.A.These 

commenters were importing a few of 

these substances 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 CBI, and thus cannot be 

specifically identified in this 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, the manufacture of those 

specific chemicals for particular uses is 

considered to be 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 SNUR identifies the 

manufacture or importation of 

chemicals listed in Table 1, Unit I.A., 

for these specific uses as not being a 

significant new use. 

Commenters on the original SNUR 

proposal who had obtained listed 

chemicals only from 3M sources prior to 

the publication of the proposed SNUR 

also identified non-3M sources for 

specific PFAS chemicals that were 

essential to their specific uses in the 

semiconductor, aviation hydraulics, and 

imaging industries. Based on the 

information presented by these 

commenters about the limited volume of 

their uses, the extent of controls on 

exposure and releases, and the absence 

of viable alternatives for these specific 

chemicals, some of which are claimed 

as CBI and thus cannot be specifically 

identified in this rule, this SNUR 

identifies the manufacture of chemicals 

in Table 1, Unit I.A., for these specific 

uses as not being significant new uses. 

Manufacture or importation of these 

chemicals for these uses is thus not 

subject to this SNUR. Because certain of 

the SNUR chemicals are intermediates 

required in the manufacture of the 

specific listed chemicals associated with 

these excluded uses, the use of PFAS 

chemicals listed in Table 1, Unit I.A., as 

intermediates solely to produce other 

chemicals for one or more of the specific 

excluded uses is also excluded from the 

definition of a significant new use. 

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 or importation; 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)). 

As noted in the proposed SNUR, EPA 

believes that the intent of TSCA section 

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

a use as a significant new use as of the 

proposal date of the SNUR, rather than 

as of the effective date of the final rule. 

If uses begun after publication of the 

proposed SNUR were considered to be 

ongoing, rather than new, it would be 

difficult for EPA to establish SNUR 

notice requirements, because any person 

could defeat the SNUR by initiating the 

proposed significant new use before the 

rule became final, and then argue that 

the use was ongoing. 

Accordingly, persons who may have 

begun commercial manufacture or 

import of the PFAS chemicals listed in 

Table 1, Unit I.A., for the significant 

new uses listed in this final SNUR after 

the initial proposal was published on 

October 18, 2000, must stop that activity 

before the effective date of this final 

rule. Persons who cease those activities 

will have to meet all SNUR notice 

requirements and wait until the end of 

the notice review period, including all 

extensions, before engaging in any 

activities designated as significant new 

uses. If, however, persons who may 

have begun commercial manufacture or 

import of these chemical substances 

between the proposal and the effective 

date of the SNUR meet the conditions of 

advance compliance as codified at 40 

CFR 721.45(h), those persons will be 

considered to have met the final SNUR 

requirements for those activities. 

C. Summary of and Response to 

Comments 

Eight parties submitted timely 

comments on the supplemental 

proposed SNUR. All of the comments 

generally supported the SNUR, although 

several of them requested clarification 

of specific points. Two parties 

submitted late comments addressing 

broader issues of EPA’s SNUR authority. 

Three of the comments, from Solutia, 

Inc., ExxonMobil Biomedical Sciences, 

Inc., and Boeing Company, supported 

the approach and language of the 

proposed SNUR with respect to the 

aviation hydraulics use. 

The Semiconductor Industry 

Association and Semiconductor 

Equipment and Materials, Inc. (SIA/

SEMI), submitted joint comments 

generally approving the proposed 

SNUR, but requested clarification on 

two issues, including the scope of the 

proposed exclusion of the 

semiconductor photomicrolithography 

use from the rule and the application of 

the section 12(b) export notification 

requirements of TSCA to the export of 

chemicals and products intended for the 

excluded use. SIA/SEMI noted that the 

photomicrolithography processes used 

in the semiconductor industry are used 

to produce not only semiconductors, but 

also electronic components of disk 

drives, electronics packaging, 

micromachines, and optoelectronic 

devices and circuits. SIA/SEMI 

indicated that they read the proposed 

exclusion to apply to such production 

activities, which were included in the 

industry mass balance materials they

72860 Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 

supplied to the Agency, and asked EPA 

to confirm that understanding. EPA 

acknowledges that the language of the 

exclusion, which describes ‘‘... a 

photomicrolithography process to 

produce semiconductors or similar 

components of electronic or other 

miniaturized devices,’’ is intended to 

apply to all of these activities for which 

the semiconductor industry, in its data 

submissions to the Agency, detailed the 

current need to use PFAS to achieve the 

technical requirement of fineness of 

lines requiring sharp definition in the 

submicron area. EPA agrees that the 

specific items listed by SIA/SEMI are 

‘‘components of electronic or other 

miniaturized devices.’’ Broader 

photolithography uses are not intended 

to be covered by this exclusion, and 

manufacture or importation of listed 

PFAS chemicals for such uses is 

considered to be a significant new use 

subject to this rule. 

With respect to TSCA section 12(b), 

SIA/SEMI stated that it assumes that a 

person who exports one of the 

chemicals covered by the SNUR for a 

use that is excluded from the SNUR 

would not need to meet export 

notification requirements for such 

exports. EPA does not concur with this 

interpretation. Section 12(b)(2) of TSCA 

provides that, ‘‘If any person exports or 

intends to export to a foreign country a 

chemical substance or mixture for 

which ... a rule has been proposed or 

promulgated under section 5 ..., such 

person shall notify the Administrator of 

such exportation or intent to export and 

the Administrator shall furnish to the 

government of such country notice of 

such rule ...’’ Regulations implementing 

TSCA section 12(b) are at 40 CFR part 

707, subpart D. 

The TSCA section 12(b) export 

notification requirement for a chemical 

is not contingent on whether the 

intended use of the chemical has been 

regulated under the SNUR, and EPA 

does not interpret TSCA section 12(b) to 

include an exemption for uses that are 

not regulated. In promulgating the 

original TSCA section 12(b) regulations, 

EPA explained its position, ‘‘that the 

export notification requirement for a 

chemical is not contingent on whether 

the intended use of the chemical has 

been regulated . . . Notice must be given 

to EPA even though the chemical is 

being exported for a use, or in a manner, 

that is not regulated domestically under 

the relevant TSCA section 5, 6, or 7 

action, rule or order.’’ (45 FR 82844, 

82846, December 16, 1980.) Under 

TSCA section 12(b), the Agency is 

responsible for informing the importing 

country about actions taken with respect 

to a chemical that is the subject of a 

proposed or final SNUR. This notice 

includes information about any exempt 

uses within the United States. It is up 

to the foreign government to determine 

what action, if any, should be taken 

with respect to the substance in that 

country. The Agency also notes that, in 

many cases, the exporter will not know 

the use of the substance or mixture 

being exported. Requiring the exporter 

to make a use determination would be 

unnecessarily burdensome, and could 

be impossible in some cases. 

Accordingly, EPA believes its current 

interpretation of TSCA section 12(b) 

best furthers the intent of the statute. 

Air Products Electronic Chemicals 

(APEC) requested that the Agency 

clarify specifically whether the 

semiconductor photomicrolithography 

exclusion would apply to developer 

products with a PFAS component. This 

exclusion applies only to ‘‘components 

of photoresist substances’’ and 

‘‘components of anti-reflective 

coatings.’’ Developers are not 

components of either ‘‘photoresist 

substances’’ or ‘‘anti-reflective 

coatings,’’ and thus are not included 

within the scope of the exclusion. The 

manufacture or importation of PFAS for 

use in developers and polyimides is 

considered a significant new use under 

this rule. 

The Eastman Kodak Company filed 

comments and supporting materials on 

behalf of the International Imaging 

Industry Association (I3A), requesting 

minor changes to the language of the 

proposed exclusion for certain imaging 

uses and providing substantial 

information on the industry’s reductions 

in PFAS use and on the details of PFAS 

use, exposures, and releases by the 

industry. I3A also met twice with the 

Agency to present information and 

answer questions, and materials and 

correspondence from those meetings 

were included in the rulemaking record. 

The language changes requested by I3A 

help to clarify the intended application 

of the exclusion, and have been 

incorporated into the regulatory text of 

the rule. 

The specific imaging uses excluded 

from the significant new use definition 

are uses in coatings for surface tension, 

static discharge, and adhesion control 

for analog and digital imaging films, 

papers, and printing plates, or as a 

surfactant in mixtures used to process 

imaging films. Coatings for surface 

tension control allow the rapid 

spreading of multiple thin layers of 

light-sensitive materials at high speed to 

prevent drying of materials as they are 

laid down. This prevents irregularities 

in the coating which would make the 

films, papers, or printing plates 

unuseable. Coatings to control static 

discharge help to repel dirt, reduce 

friction, and thus prevent the discharge 

of static electricity otherwise built up 

during the transport of imaging 

materials through manufacturing and 

image processing equipment. This 

prevents light-sensitive imaging 

materials from being fogged and 

rendered useless by light from a static 

discharge. Because tape is the primary 

way in which imaging materials are 

attached to spools and to each other 

during processing, adhesion control 

coatings help to ensure that the bond 

between the tape and the coating will be 

strong enough to withstand transport 

during use and processing, but will 

separate before it would damage either 

the imaging material or the equipment. 

The exclusion for use of PFAS as a 

surfactant in mixtures used to process 

imaging films involves incorporation of 

a PFAS material into a mixture that is 

used as a photoprocessing solution 

where its surfactant properties function 

to prevent discoloration of films while 

the films are being processed through 

the solution. This exclusion applies 

only to processing films. Use as a 

surfactant in mixtures to process papers 

and printing plates would be a 

significant new use under the rule. 

The I3A comments and supporting 

documents characterized the specific 

uses, exposures, and releases of PFAS 

materials in the imaging industry in 

such a way as to greatly improve the 

Agency’s understanding. The 

submission also reflected a significant 

reduction in the use of the chemicals 

subject to the SNUR. Comments on the 

original SNUR proposal indicated that 

the annual worldwide usage volume of 

these chemicals was approximately 

36,000 kilograms (kg) (79,200 pounds), 

of which the U.S. consumption was 

approximately 18,000 kg/year (yr). The 

recent I3A comments reported that the 

United States demand for these 

chemicals is expected to be down to 

3,000 kg/yr by the end of 2002. Of this 

amount, I3A estimates that less than 50 

kg/yr are used for paper products and 

less than 300 kg/yr are used for printing 

plates, with the remainder being used 

for various film products in the United 

States. Of the remaining 2,650 kg/yr that 

are used for film, I3A estimates that 30 

kg/yr are used as a surfactant in 

processing solutions and 2,620 kg/yr are 

used in film coatings. I3A reported that 

the industry has pursued alternative 

chemicals aggressively, indicating that 

the PFAS usage volumes are expected to 

continue to decline over time. EPA 

commends the members of I3A for the 

significant steps made in reducing the 

use of the PFAS chemicals listed in the

Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 72861

SNUR, and for the effort expended in 

supplying the Agency with a substantial 

base of information on which to make 

its decision. 

3M requested clarification of the 

SNUR scope and nomenclature to 

emphasize that the hazard assessment 

supporting the proposed rule addressed 

only PFOS, the C8 chain length, not the 

entire range of PFAS chemicals covering 

all carbon chain lengths. 3M also stated 

that all of the chemicals voluntarily 

discontinued by 3M and subject to the 

SNUR would be properly characterized 

as being predominantly C8, or PFOS, 

and expressed concern that using the 

PFAS term in connection with the 

regulation of these specific chemicals 

could be confusing because many PFAS 

chemicals exist that are not subject to 

this rule. In this final rule, EPA has 

continued to use the PFAS name for the 

entire category, but has attempted to 

make clear that most of the chemicals 

subject to this rule do include the C8 

chain length specifically of concern, 

although individual chemicals on the 

list include a range of higher and lower 

homologues in addition to C8. EPA 

acknowledges that the hazard 

assessment supporting the original 

proposed rule addressed only C8, or 

PFOS, chemicals, and not the full range 

of homologues. 

3M requested that EPA clarify its 

future regulatory intentions with respect 

to these related chemicals. As indicated 

in the supplemental proposed SNUR, 

EPA is evaluating and assessing other 

PFAS and PFAS-related chemicals not 

listed in this rule. It is true that other 

PFAS chemicals, including lower 

homologues, have distinct hazard 

profiles and may not present the same 

concerns expressed by EPA with respect 

to PFOS. However, EPA is reviewing 

data on those other homologues, and, if 

warranted, will take action as 

appropriate on other PFAS chemicals. 

Because of the unique properties of 

perfluorinated compounds, EPA is 

currently assessing a variety of these 

compounds to determine their hazard 

profiles, including not only PFAS 

chemicals but also perfluorooctanoic 

acid (PFOA) and its salts, as well as 

fluorinated telomers. That these 

chemicals are currently under 

assessment does not necessarily indicate 

that regulation will follow; it indicates 

only that EPA is seeking answers to 

questions that have been raised about 

these chemicals and their behavior. 

3M also requested that EPA 

acknowledge the substantial amount of 

data on PFOS submitted by 3M since 

the drafting of the original hazard 

assessment, and acknowledge the effort 

underway by the Organization for 

Economic Cooperation and 

Development (OECD) to prepare an 

international hazard assessment on 

PFOS. EPA has been an active 

contributor to the OECD assessment 

effort, and toward that end, has been 

reviewing all of the data submitted by 

3M and others with respect to PFOS. 

EPA commends 3M for the extensive 

research it has conducted and continues 

to pursue to improve the understanding 

of these unique chemicals. When the 

OECD assessment document is released, 

it will be included in both the docket for 

this rule, and in Administrative Record 

(AR) file AR–226. AR–226 is the nonregulatory public access file for 

information on all the related 

fluorinated chemicals being assessed by 

the EPA, including PFOS, PFAS, PFOA 

and its salts, and fluorinated telomer 

chemicals. Copies of the index to and all 

documents contained within AR–226 

can be obtained through the docket 

facility identified in Unit I.B.1. 

Waste Not questioned whether PFAS 

chemicals previously on the list of 

pesticide inerts would continue to be 

listed, whether one named chemical on 

the inerts list was included in the 

SNUR, and whether its understanding of 

the status of sulfluramid products was 

correct. Waste Not also asked whether 

EPA would identify crops on which 

these products were used. EPA confirms 

that none of the PFAS chemicals on the 

inerts list identified by Waste Not, 

including the named chemical without 

a CAS number provided, are currently 

formulated into pesticide products, and 

they will all be removed from the EPA 

List 3 Inerts list the next time that list 

is updated. EPA notes that, although 

these PFAS chemicals will remain on 

the List 3 Inerts list until that list is 

updated, the manufacture or import of 

chemicals listed in this rule for use as 

inert ingredients in pesticide products 

would be a significant new use subject 

to this rule. Although TSCA does not 

regulate chemicals manufactured for use 

solely as pesticide active ingredients, 

chemical intermediates and pesticide 

inert ingredients are subject to 

regulation under TSCA. 

With respect to Waste Not’s comment 

concerning the current status of 

registered insecticide products 

containing sulfluramid, EPA concurs 

with the list of active and cancelled 

products provided by Waste Not. There 

are currently 16 products listed as active 

and 3 products cancelled. Three of the 

four products listed as transferred, EPA 

Registration Nos. 11540–21, 1812–330, 

and 1812–329, are the same as the three 

products listed as cancelled. The fourth 

product listed as transferred, EPA 

Registration No. 11540–20, is the same 

as the active product under EPA 

Registration No. 499–45. All pesticide 

products containing sulfluramid are 

under a specific timeline to be phased 

out by 2016. The pesticide products that 

are registered are for use in a variety of 

enclosed termite, ant, and roach bait 

stations. These products are pre-filled 

and sold only in child-resistant 

packaging. Products containing 

sulfluramid have not been registered for 

food or crop uses. 

The American Chemistry Council 

(ACC) filed late comments supporting 

the effort by EPA and industry to 

address concerns pertaining to PFAS 

compounds on a cooperative basis, but 

also expressed the opinion that an 

increase in manufacture or importation 

for an existing use should not be 

considered a ‘‘new use’’ within the 

meaning of TSCA section 5(a)(2). 

ATOFINA Chemicals, Inc. filed late 

comments supporting the comments of 

ACC. As no volume cap or trigger on 

manufacturing or importation for an 

existing use has been incorporated into 

this rule, EPA will not address this issue 

in the context of this rule. In addition, 

EPA believes ACC’s and ATOFINA’s 

comments present a broader legal issue 

regarding EPA’s authority under TSCA 

section 5, rather than specific issues 

related to PFAS. EPA does not believe 

it is necessary or appropriate to engage 

in a broader legal discussion in the 

context of this specific SNUR. 

III. References 

These references have been placed in 

the official record that was established 

under docket ID number OPPT–2002–

0043 for this rulemaking as indicated in 

Unit I.B.1. Reference documents 

identified with an AR number are crossindexed to non-regulatory, publicly 

accessible information files maintained 

in the OPPT Docket. Other documents 

which the Agency considers relevant to 

this final rule have previously been 

identified in the Federal Register in the 

proposed and supplemental proposed 

SNURs discussed in Unit II.A. Copies of 

these documents can be obtained as 

described in Unit I.B.1. 

1. (AR226–0620) Sulfonated 

Perfluorochemicals in the Environment: 

Sources, Dispersion, Fate, and Effects. 

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

2. (AR226–0547) The Science of 

Organic Fluorochemistry. 3M. St. Paul, 

MN. February 5, 1999. 

3. (AR226–0548) Perfluorooctane 

Sulfonate: Current Summary of Human 

Sera, Health and Toxicology Data. 3M. 

St. Paul, MN. January 21, 1999. 

4. (AR226–0550) Fluorochemical Use, 

Distribution, and Release Overview. 3M. 

St. Paul, MN. May 26, 1999.

72862 Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 

IV. Statutory and Executive Order 

Reviews 

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. 

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, to the Director, Collection 

Strategies Division, Office of 

Environmental Information, 

Environmental Protection Agency 

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

Washington, DC 20460–0001. Please 

remember to include the OMB control 

number in any correspondence, but do 

not submit any completed forms to this 

address. 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

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

certifies that promulgation of this SNUR 

will not have a significant adverse 

economic impact on a substantial 

number of small entities. A SNUR 

applies to any person (including small 

or large entities) who intends to engage 

in any activity described in the rule as 

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

the word ‘‘new,’’ and based on all 

information currently available to EPA, 

it appears that no small or large entities 

currently engage in such activity. Since 

a SNUR requires merely that any person 

who intends to engage in such activity 

in the future must first notify EPA (by 

submitting a SNUN), no economic 

impact will even occur until someone 

decides to engage in those activities. As 

a voluntary action, it is reasonable to 

presume that this decision would be 

based on a determination by the person 

submitting the SNUN that the potential 

benefits would outweigh the costs. 

Although some small entities may 

decide to conduct such activities in the 

future, EPA cannot presently determine 

how many, if any, there may be. EPA’s 

experience to date is that, in response to 

the promulgation of over 530 SNURs, 

the Agency has received fewer than 15 

SNUNs. Of those SNUNs submitted, 

none appear to be from small entities. In 

fact, EPA expects to receive few, if any, 

SNUNs from either large or small 

entities in response to any SNUR. 

Therefore, EPA believes that the 

economic impact of complying with a 

SNUR is not expected to be significant 

or adversely impact a substantial 

number of small entities. This rationale 

has been provided to the Chief Counsel 

for Advocacy of the Small Business 

Administration. 

Based on EPA’s experience with past 

SNURs, State, local, and tribal 

governments have not been impacted by 

these rulemakings, and EPA does not 

have any reasons to believe that any 

State, local, or tribal government will be 

impacted by this rulemaking. As such, 

EPA has determined that this regulatory 

action does not impose any enforceable 

duty, contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

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

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action will not have a substantial 

direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). 

This rule does not have tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This does not 

significantly or uniquely affect the 

communities of Indian tribal 

governments, nor does it involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of section 3(b) of 

Executive Order 13084, entitled 

Consultation and Coordination with 

Indian Tribal Governments (63 FR 

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

this rule. Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000), which took 

effect on January 6, 2001, revokes 

Executive Order 13084 as of that date. 

EPA developed this rulemaking, 

however, during the period when 

Executive Order 13084 was in effect; 

thus, EPA addressed tribal 

considerations under Executive Order 

13084. For the same reasons stated for 

Executive Order 13084, the 

requirements of Executive Order 10175 

do not apply to this rule either. 

This action is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

This rule is not subject to Executive 

Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use. 

In 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. 

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). 

EPA has complied with Executive 

Order 12630, entitled Governmental 

Actions and Interference with 

Constitutionally Protected Property 

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

Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 72863

examining the takings implications of 

this rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

order. 

In issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988, entitled Civil Justice Reform (61 

FR 4729, February 7, 1996). 

V. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and the Comptroller General of 

the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2).

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous materials, Recordkeeping 

and reporting requirements.

Dated: November 27, 2002. 

Charles M. Auer, 

Director, Office of Pollution Prevention and 

Toxics.

Therefore, 40 CFR chapter I is 

amended as follows:

PART 721—[AMENDED] 

1. The authority citation for part 721 

continues to readas follows:

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

2625(c).

2. By revising § 721.9582 to read as 

follows:

§ 721.9582 Certain perfluoroalkyl 

sulfonates. 

(a) Chemical substances and 

significant new uses subject to 

reporting. 

(1) The chemical substances listed in 

Table 1 and Table 2 of this section are 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section.

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

CAS No./PMN CAS Ninth Collective Index Name 

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

heptadecafluoro-, ammonium salt 

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

monopotassium salt 

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

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

diammonium salt 

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

isocyanatobenzene] 

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

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

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

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

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

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

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

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

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

diisocyanatohexane homopolymer and ethylene glycol 

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 

72864 Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 

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 

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 

Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 72865

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

68867–60–7 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) 

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

.mu.-hydroxybis(2-methylpropanol)di68909–15–9 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 

72866 Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 

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

(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 

Federal Register / Vol. 67, No. 236 / Monday, December 9, 2002 / Rules and Regulations 72867

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

178094–69–4

1-Octanesulfonamide, N-[3-(dimethyloxidoamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-

,potassium salt 

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 

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 in coatings for surface 

tension, static discharge, and adhesion 

control for analog and digital imaging 

films, papers, and printing plates, or as 

a surfactant in mixtures used to process 

imaging films. 

(iv) Use as an intermediate only to 

produce other chemical substances to be 

used solely for the uses listed in 

paragraph (a)(3)(i), (ii), or (iii) of this 

section. 

(b) [Reserved]

[FR Doc. 02–31011 Filed 12–6–02; 8:45 am]

BILLING CODE 6560–50–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[I.D. 112602A]

Fisheries of the Northeastern United 

States; Atlantic Surf Clam and Ocean 

Quahog Fishery; Suspension of 

Minimum Surf Clam Size for 2003

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce.

ACTION: Notice of suspension of surf 

clam minimum size limit.

SUMMARY: NMFS suspends the 

minimum size limit of 4.75 inches 

(12.07 cm) for Atlantic surf clams for the 

2003 fishing year. This action is taken 

under the authority of the implementing 

regulations for this fishery, which allow 

for the annual suspension of the 

minimum size limit based upon set 

criteria. The intended effect is to relieve 

the industry from a regulatory burden 

that is not necessary, as the majority of 

surf clams harvested are larger than the 

minimum size limit.

DATES: Effective January 1, 2003, 

through December 31, 2003.

FOR FURTHER INFORMATION CONTACT:

Douglas W. Christel, Fishery 

Management Specialist, 978–281–9141.

SUPPLEMENTARY INFORMATION: Section 

648.72(c) of the regulations 

implementing the Fishery Management 

Plan (FMP) for the Atlantic Surf Clam 

and Ocean Quahog Fisheries allows the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) to suspend 

annually, by publication of a 

notification in the Federal Register, the 

minimum size limit for Atlantic surf 

clams. This action may be taken unless 

discard, catch, and survey data indicate 

that 30 percent of the Atlantic surf clam 

resource is smaller than 4.75 inches 

(12.07 cm) and the overall reduced size 

is not attributable to harvest from beds 

where growth of the individual clams 

has been reduced because of densitydependent factors.

At its June 2002, meeting, the MidAtlantic Fishery Management Council 

(Council) voted to recommend that the 

Regional Administrator suspend the 

minimum size limit. Commercial surf 

clam shell length data for 2002 were 

analyzed to determine the percentage of 

surfclams landed that were smaller than 

the minimum size requirement. The 

analysis indicated that 14 percent of the 

samples taken overall were composed of 

surf clams that were less than 4.75 

inches (12.07 cm). Based on these data, 

the Regional Administrator adopts the