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1 EO 12866/13563 Review Draft – As SubmittedRevised 12/11/2014

2 Rin2070-AJ99_LCPFAC SNUR2_NPRM_FRN_MASTER_REDLINE_2014-12-

3 11.docxRin2070-AJ99_EO12866_LCPFAC-SNUR_NPRM_FRdocument_2014-08-15.docx

4 

5 BILLING CODE 6560-50-P 

6 ENVIRONMENTAL PROTECTION AGENCY 

7 40 CFR Part 721 

8 [EPA-HQ-OPPT-2013-0225; FRL- 9915-63] 

9 RIN 2070-AJ99 

10 Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical 

11 Substances; Significant New Use Rule 

12 

13 AGENCY: Environmental Protection Agency (EPA). 

14 ACTION: Proposed rule. 

15 SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is proposing to 

16 amend a significant new use rule (SNUR) for long-chain perfluoroalkyl carboxylate 

17 (LCPFAC) chemical substances by designating as a significant new use manufacturing 

18 (including importing) or processing of an identified subset of LCPFAC chemical 

19 substances for any use that will not be ongoing after December 31, 2015, and all other 

20 LCPFAC chemicals substances for which there are currently no ongoing uses. For this 

21 SNUR, EPA is also proposing to make inapplicable the exemption for persons who 

22 import LCPFAC chemical substances as part of articles. In addition, EPA is also 

23 proposing to amend a SNUR for perfluoroalkyl sulfonate (PFAS) chemical substances 

24 that would make inapplicable the exemption for persons who import PFAS chemical 

25 substances as part of carpets. Persons subject to these SNURs would be required to notify 

26 EPA at least 90 days before commencing such manufacture or processing. The required 

27 notifications would provide EPA with the opportunity to evaluate the intended use and, if 
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28 necessary, an opportunity to protect against potential unreasonable risks from that activity 

29 before it occurs. 

30 DATES: Comments must be received on or before [insert date 60 days after date of 

31 publication in the Federal Register]. 

32 ADDRESSES: Submit your comments, identified by docket identification (ID) number 

33 EPA-HQ-OPPT-2013-0225, by one of the following methods: 

34 • Federal eRulemaking Portal: http://www.regulations.gov. Follow the online 

35 instructions for submitting comments. Do not submit electronically any information you 

36 consider to be Confidential Business Information (CBI) or other information whose 

37 disclosure is restricted by statute. 

38 • Mail: Document Control Office (7407M), Office of Pollution Prevention and 

39 Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 

40 Washington, DC 20460-0001. 

41 • Hand Delivery: To make special arrangements for hand delivery or delivery of 

42 boxed information, please follow the instructions at 

43 http://www.epa.gov/dockets/contacts.html. 

44 Additional instructions on commenting or visiting the docket, along with more 

45 information about dockets generally, is available at http://www.epa.gov/dockets. 

46 FOR FURTHER INFORMATION CONTACT: For technical information contact: 

47 Nicholas Nairn-Birch, Chemical Control Division (7405M), Office of Pollution 

48 Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., 

49 NW., Washington, DC 20460-0001; telephone number: (202) 564-3668; email address: 

50 nairn-birch.nicholas@epa.gov.

51 For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South 
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52 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: 

53 TSCA-Hotline@epa.gov. 

54 SUPPLEMENTARY INFORMATION: 

55 I. Executive Summary 

56 A. Does this Action Apply to Me? 

57 You may be potentially affected by this action if you manufacture (including 

58 import) or process any of the chemical substances covered by this proposed SNUR. The 

59 North American Industrial Classification System (NAICS) codes that are identified in 

60 this unit are not intended to be exhaustive, but rather provides a guide to help readers 

61 determine whether this rule applies to them. Potentially affected entities may include: 

62 • Manufacturers (including importers) of one or more of subject chemical 

63 substances (NAICS codes 325 and 324110); e.g., chemical manufacturing and petroleum 

64 refineries. 

65 • Fiber, yarn, and thread mills (NAICS code 31311). 

66 • Carpet and rug mills (NAICS code 314110).• Home furnishing merchant 

67 wholesalers (NAICS code 423220). 

68 • Carpet and upholstery cleaning services (NAICS code 561740). 

69 This action may also affect certain entities through pre-existing import 

70 certification and export notification rules under TSCA. Persons who import any 

71 chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 

72 U.S.C. 2612) import certification requirements and the corresponding regulations at 19 

73 CFR 12.118 through 12.127; see also 19 CFR 127.28. Those persons must certify that 

74 the shipment of the chemical substance complies with all applicable rules and orders 

75 under TSCA, including any SNUR requirements. The EPA policy in support of import 
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76 certification appears at 40 CFR part 707, subpart B. In addition, any persons who export 

77 or intend to export a chemical substance that is the subject of this proposed rule on or 

78 after [insert date 30 days after the date of publication in the Federal Register] are 

79 subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)), 

80 (see 40 CFR 721.20), and must comply with the export notification requirements in 40 

81 CFR part 707, subpart D. 

82 To determine whether you or your business may be affected by this action, you 

83 should carefully examine the applicability provisions in 40 CFR 721.5 and 40 CFR 

84 721.9582. If you have any questions regarding the applicability of this action to a 

85 particular entity, consult the technical person listed under FOR FURTHER 

86 INFORMATION CONTACT. 

87 B. What is the Agency's Authority for Taking this Action? 

88 Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to determine that 

89 a use of a chemical substance is a “significant new use.” EPA must make this 

90 determination by rule after considering all relevant factors, including those listed in 

91 TSCA section 5(a)(2). Once EPA determines that a use of a chemical substance is a 

92 significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant 

93 new use notice (SNUN) to EPA at least 90 days before they manufacture or process the 

94 chemical substance for that use (15 U.S.C. 2604(a)(1)(B)). As described in Unit V., the 

95 general SNUR provisions are found at 40 CFR part 721, subpart A. 

96 C. What Action is the Agency Taking? 

97 EPA is proposing to amend a SNUR at 40 CFR 721.10536 for LCPFAC chemical 

98 substances by designating manufacturing (including importing) or processing of 

99 LCPFAC chemical substances listed in Table 1 of this unit for any use that is no longer 
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100 ongoing after December 31, 2015, as a significant new use; designating manufacturing 

101 (including importing) or processing of PFOA or its salts for any use as a significant new 

102 use; and designating manufacturing (including importing) or processing of all other 

103 LCPFAC chemical substances for any use not ongoing as of the date on which this 

104 proposed rule is published as a significant new use. For this SNUR, EPA is also 

105 proposing to make the exemption at 40 CFR 721.45(f) inapplicable for persons who 

106 import LCPFAC chemical substances listed in Table 1 of this unit and PFOA or its salts 

107 as part of articles because exposure would increase if in the future LCPFAC chemical 

108 substances, including PFOA, are incorporated in articles and then imported. EPA is also 

109 proposing to amend a SNUR at 40 CFR 721.9582 for PFAS chemical substances to make 

110 the exemption at 40 CFR 721.45(f) inapplicable for persons who import of PFAS 

111 chemical substances as part of carpets. This action is consistent with the purpose of the 

112 “Long-Chain Perfluorinated Chemicals Action Plan” (2009 Action Plan) published on 

113 December 30, 2009 (Ref. 1). EPA is continuing to assess these chemical substances to 

114 determine what other actions would be warranted. Before promulgating a final SNUR 

115 with respect to uses of LCPFAC chemical substances listed in Table 1 of this unit that are 

116 now ongoing, but are expected to be phased out by December 31, 2015, EPA will verify 

117 through comments on this action, or by other means, that the proposed significant new 

118 uses have indeed ceased. Similarly, before promulgating a final SNUR on LCPFAC 

119 chemical substances other than those listed in Table 1 of this unit, EPA will determine 

120 based on comments on this action and other means what if any uses are ongoing in 

121 making significant new use determinations in the final rule. Persons would be required to 

122 notify EPA at least 90 days before commencing manufacture or processing of LCPFAC 

123 chemical substances for the designated significant new uses. This proposed SNUR is 
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124 intended to follow and codify an existing voluntary industry commitment to phase out 

125 LCPFAC chemical substances by the end of 2015 (Ref. 2). The objectives and rationale 

126 for this proposed SNUR are explained in more detail in Unit III. 

127 Table 1.--LCPFAC Chemical Substances Subject to Reporting After December 31, 

128 2015 

129 

CAS Registry 

Number 

(CASRN) 

Accession 

CAS Number 

Chemical Name 

507-63-1 No Accession 

Number 

Octane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro8-iodo678-39-7 No Accession 

Number 

1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-

heptadecafluoro865-86-1 No Accession 

Number 

1-Dodecanol, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-

heneicosafluoro2043-53-0 No Accession 

Number 

Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-

heptadecafluoro-10-iodo2043-54-1 No Accession 

Number 

Dodecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10 ,10-

heneicosafluoro-12-iodo17741-60-5 No Accession 

Number 

2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11, 

12,12,12-heneicosafluorododecyl ester 

27905-45-9 No Accession 

Number 

2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-

heptadecafluorodecyl ester 

30046-31-2 No Accession 

Number 

Tetradecane, 

1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12-

pentacosafluoro-14-iodo39239-77-5 No Accession 

Number 

1-Tetradecanol, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,

14-pentacosafluoro60699-51-6 No Accession 

Number 

1-Hexadecanol, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,

15,15,16,16,16-nonacosafluoro65510-55-6 No Accession 

Number 

Hexadecane, 

1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,

13,14,14-nonacosafluoro-16-iodo68187-47-3 No Accession 

Number 

1-Propanesulfonic acid, 2-methyl-, 2-[[1-oxo-3-

[(.gamma.-.omega.-perfluoro- C4-16-

alkyl)thio]propyl]amino] derivs., sodium salts 

68391-08-2 No Accession 

Number 

Alcohols, C8-14, .gamma.-.omega.-perfluoro 

70969-47-0 No Accession 

Number 

Thiols, C8-20, .gamma.-.omega.-perfluoro, telomers with 

acrylamide 
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125476-71-3 No Accession 

Number 

Silicic acid (H4SiO4), sodium salt (1:2), reaction products 

with chlorotrimethylsilane and 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluoro-1-

decanol 

1078712-88-5 No Accession 

Number 

Thiols, C4-20, .gamma.-.omega.-perfluoro, telomers with 

acrylamide and acrylic acid, sodium salts 

1078715-61-3 No Accession 

Number 

1-Propanaminium, 3-amino-N-(carboxymethyl)-N,Ndimethyl-, N-[2-[(.gamma.-.omega.-perfluoro-C4-20-a 

lkyl)thio]acetyl] derivs., inner salts 

CBI 71217 Polyfluoroalkyl betaine 

CBI 89419 Modified fluoroalkyl urethane 

CBI 274147 Perfluorinated polyamine 

130 CBI = Confidential Business Information. CAS or CASRN = Chemical Abstracts 

131 Service Registry Number. 

132 

133 In this proposed rule, the term LCPFAC refers to the long-chain category of 

134 perfluorinated carboxylate chemical substances with perfluorinated carbon chain lengths 

135 equal to or greater than seven carbons and less than or equal to 20 carbons. The category 

136 of LCPFAC chemical substances also includes the salts and precursors of these 

137 perfluorinated carboxylates. See Unit II.A. for the specific definition of the LCPFAC 

138 category. 

139 PFOA and its salts are subject to this proposed rule. PFOA and examples of 

140 PFOA salts with Chemical Abstract Service Registry Numbers (CASRN) and chemical 

141 names are shown in Table 2 of this unit. PFOA and its salts are considered LCPFAC 

142 chemical substances. EPA believes all uses of PFOA and its salts were phased out by 

143 December 31, 2013. 

144 Table 2.--PFOA and Examples of Its Salts 

145 

CAS Registry 

Number 

(CASRN) 

Chemical Name 

335-66-0 Octanoyl fluoride, pentadecafluoro335-67-1 Octanoic acid, pentadecafluoro- (PFOA) 

335-93-3 Octanoic acid, pentadecafluoro-, silver salt 

335-95-5 Octanoic acid, pentadecafluoro-, sodium salt 

2395-00-8 Octanoic acid, pentadecafluoro-, potassium salt 
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3825-26-1 Octanoic acid, pentadecafluoro-, ammonium salt (APFO) 

146 CAS or CASRN = Chemical Abstracts Service Registry Number. 

147 The PFAS chemical substances for which EPA is modifying an existing SNUR 

148 are currently listed in 40 CFR 721.9582(a)(1). All of these chemical substances are 

149 collectively referred to in this rule as perfluoroalkyl sulfonates, or PFAS chemical 

150 substances. In this proposal, the term PFAS refers to a category of perfluorinated 

151 sulfonate chemical substances of any chain length. 

152 EPA will not designate ongoing uses as significant new uses when the final rule is 

153 promulgated, except for uses that will be phased out by the end of 2015. Persons who 

154 manufacture (including importers) or process any of the chemical substances included in 

155 the proposed SNUR for an ongoing use at the time this proposed rule is published would 

156 be free to continue without submitting a SNUN. Note, however, that uses not already 

157 ongoing as of the publication date of this proposed rule, and ongoing uses that will be 

158 phased out by the end of 2015, would not be considered ongoing uses if they later arise, 

159 even if they are in existence upon the issuance of a final rule. Furthermore, uses that are 

160 ongoing as of the publication date of this proposed rule would not be considered ongoing 

161 uses if they have ceased by the date of issuance of a final rule (see Units IV. and VI. for 

162 further discussion of what constitutes an ongoing use). Persons who intend to begin or 

163 resume commercial manufacture or processing of the chemical substance(s) for a 

164 significant new use would have to comply with all applicable SNUN requirements. 

165 The LCPFAC chemical substances identified in Table 1 of this unit are known to 

166 have current or recent ongoing uses on the basis of their inclusion in reports submitted to 

167 the Agency under the 2012 Chemical Data Reporting (CDR) rule. EPA particularly 

168 requests comment on whether any of the current uses of any of the specific chemical 
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169 substances identified in Table 1 of this unit will continue to be ongoing after December 

170 31, 2015. EPA also requests comment on whether there are currently any ongoing uses, 

171 including use as part of articles, of any of the remaining LCPFAC chemical substances 

172 that were not identified during the 2012 CDR. Furthermore, EPA requests comment on 

173 whether there are any ongoing uses of PFOA or its salts, and whether PFAS chemical 

174 substances are currently imported as part of carpets. EPA would welcome specific 

175 documentation of any such ongoing use. 

176 D. Why is the Agency Taking this Action? 

177 These SNURs are necessary to ensure that EPA receives timely advance notice of any 

178 future manufacturing (including importing) and processing of these LCPFAC chemical 

179 substances for new uses that may produce changes in human and environmental exposures. 

180 The rationale and objectives for this SNUR are explained in Unit III. 

181 E. What are the Estimated Incremental Impacts of this Action? 

182 EPA has evaluated the potential costs of establishing SNUR reporting requirements 

183 for potential manufacturers (including importers) and processors of the chemical substances 

184 included in this proposed rule. The economic analysis, which is available in the docket, is 

185 discussed in Unit IX., and is briefly summarized here. 

186 In the event that a SNUN is submitted, costs are estimated to be less than $8,700 589 

187 per SNUN submission for large business submitters and $6,300 189 for small business 

188 submitters. These estimates include the cost to prepare and submit the SNUN and the 

189 payment of a user fee. In addition, for persons exporting a chemical substance that is the 

190 subject of a SNUR, a one-time notice must be provided for the first export or intended export 

191 to a particular country, which is estimated to cost less than $100 on average per notification. 

192 The proposed rule may also affect firms that plan to import articles that contain LCFPAC 

193 chemical substances, because, while not required by the SNUR, these parties may take 
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194 additional steps to determine whether LCPFAC chemical substances are part of the articles 

195 that they are considering to import. In the accompanying Economic Analysis for this 

196 proposed SNUR, example steps (and their respective costs) that an importer might take to 

197 identify LCPFAC chemicals in articles are provided. These can include gathering information 

198 through agreements with suppliers, declarations through databases or surveys, or use of a 

199 third party certification system. Additionally, importers may require suppliers to provide 

200 certificates of testing analysis of the products or perform their own laboratory testing of 

201 certain articles. EPA is unable to predict, however, what, if any, particular steps an importer 

202 might take; potential total costs were not estimated. Since EPA is unable to predict whether 

203 anyone might engage in future activities that would require reporting, potential total costs 

204 were not estimated. 

205 II. Chemical Substances Subject to this Proposed Rule

206 A. What LCPFAC Chemical Substances are Subject to this Proposed SNUR?

207 LCPFAC chemical substances are synthetic chemicals that do not occur naturally 

208 in the environment. The LCPFAC chemical substances identified in this unit, where 5 < n 

209 < 21 or 6 < m < 21: 

 1. CF3(CF2)n-COOM where M = H+ 210 or any other group where a formal 

211 dissociation can be made.; 

212 2. CF3(CF2)n-CH=CH2.

213 3. CF3(CF2)n-C(=O)-X where X is any chemical moiety. 

214 4. CF3(CF2)m-CH2-X where X is any chemical moiety. 

215 5. CF3(CF2)m-Y-X where Y = non-S, non-N heteroatom and where X is any 

216 chemical moiety. 

217 This category definition of LCPFAC chemical substances, based on the chemical 
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218 structures in this unit, refers to a group of chemical substances containing PFOA and its 

219 higher homologues. The category also includes the salts and precursors of these chemical 

220 substances. The precursors may be simple derivatives of PFOA and higher homologues 

221 or polymers that contain or may degrade to PFOA or higher homologues. These 

222 precursors include long-chain fluorotelomers. LCPFAC chemical substances with greater 

223 than 20 perfluorinated carbons can be considered polymers within the polymer exemption 

224 under 40 CFR 723.250 because they exceed a molecular weight of 1,000 daltons and 

225 contain at least 3 monomer units. As it is not EPA’s intent to regulate fluoropolymers in 

226 this proposed rule, the LCPFAC category in this proposed rule includes a perfluorinated 

227 carbon chain length upper limit of 20. 

228 In this proposed rule, PFOA and its salts includes the chemical substances listed 

229 in Table 2 of Unit II. PFOA and its salts are considered LCPFAC chemical substances. 

230 Under this proposed rule, any LCPFAC chemical substance identified by 40 CFR 

231 721.10536(b)(1)(i) through (b)(1)(v) that is intentionally used during fluoropolymer 

232 formulation, such as an emulsion stabilizer in aqueous dispersions, would be subject to 

233 reporting for the significant new uses described in 40 CFR 721.10536(b)(4)(i) through 

234 (b)(4)(iv). For example, ammonium perfluorooctanoate (APFO) -- when used as an aqueous 

235 dispersion agent in fluoropolymer production -- is subject to this SNUR if the final 

236 fluoropolymer product is used for a significant new use described in 40 CFR 

237 721.10536(b)(4)(i) through (b)(4)(iv). 

238 B. What PFAS Chemical Substances are Subject to this Proposed SNUR?

239 PFAS refers to a category of perfluorinated sulfonate chemical substances of any 

240 chain length. The PFAS chemical substances for which EPA is proposing to modify an 

241 existing SNUR are currently listed in 40 CFR 721.9582(a)(1). 
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242 C. What are the Uses and Production Levels of LCPFAC Chemical Substances?

243 PFOA, a member of the LCPFAC category, is a synthetic (man-made) chemical 

244 that does not occur naturally in the environment. PFOA is manufactured for use primarily 

245 as an aqueous dispersion agent as the ammonium salt in the manufacture of 

246 fluoropolymers. PFOA can also be produced unintentionally by the degradation of some 

247 fluorotelomers, which are not manufactured using PFOA but could degrade to PFOA. 

248 DuPont, which was the last company to manufacture (including import) PFOA and its 

249 salts in the United States, ceased all production (including import) of PFOA and its salts 

250 in 2013 (Ref. 3). 

251 Fluoropolymers provide nonstick surfaces for cookware and other products, are 

252 used as molded automotive parts, and have many other applications. 

253 Polytetrafluoroethylene (PTFE) is the dominant fluoropolymer, accounting for 58% (by 

254 weight) of world fluoropolymer consumption in 2012 (Ref. 4). The United States 

255 accounted for 20% of the world consumption of PTFE in 2012 and 40% of the world 

256 consumption of other fluoropolymers. 

257 Fluorotelomers, oligomers of tetrafluoroethylene, are relatively small 

258 functionalized molecules used to make polymers and surfactants. World-wide production 

259 of fluorotelomer-based polymers (FTBP) was estimated at 20 million pounds in 2006. 

260 Fluorotelomer monomers and FTBP are included in the LCPFAC category definition as 

261 potential LCPFAC precursors (Ref. 5). The United States accounts for more than 50% of 

262 world-wide fluorotelomer/FTPB production. Textiles and apparel account for 

263 approximately 50% of the volume used (Ref. 1). 

264 In January 2006, EPA launched the 2010/2015 PFOA Stewardship Program 

265 (PFOA Stewardship Program) in partnership with eight companies: DuPont, Solvay 
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266 Solexis, Asahi Glass Company, Daikin America, Inc., Clariant International Ltd., 

267 3M/Dyneon, Arkema Inc., and BASF (formerly Ciba Specialty Chemicals Corporation) 

268 (Ref. 2). These companies represent a majority of global manufacture of LCPFAC 

269 chemical substances (Ref. 6). The program set a goal of reducing facility emissions and 

270 product content of LCPFAC chemical substances on a global basis by 95%, no later than 

271 2010, and to eliminate emissions and product content of these chemical substances by 

272 2015. With the exception of one manufacturer who has not participated in the PFOA 

273 Stewardship Program, these companies accounted for the total volume of LCPFAC 

274 chemical substances reported on the 2012 CDR (see Table 2 of Unit I.). Since these 

275 chemical substances are proprietary chemicals, they are not expected to be manufactured 

276 by any other company. The eight participating companies have informed EPA that they 

277 are on track to phase out LCPFAC chemical substances by the end of 2015 (Ref. 7). 

278 Based on the 2012 CDR, there was one additional manufacturer of certain 

279 LCPFAC chemical substances who has not participated in the PFOA Stewardship 

280 Program. This company manufactures a small volume of LCPFAC chemical substances, 

281 compared to the volume of LCPFAC chemical substances manufactured by PFOA 

282 Stewardship Program companies, and those chemicals are primarily used in firefighting 

283 foams. This company has expressed an interest in participating in the phase out goal of 

284 the PFOA Stewardship Program and has already submitted premanufacture notices 

285 (PMNs) for chemical substitutes of their current LCPFAC chemical substances. Other 

286 than the PFOA Stewardship Program companies and this one company, there were no 

287 other companies that reported manufacture (including import) of LCPFAC chemical 

288 substances in the 2012 CDR. Any domestic companies still manufacturing LCPFAC 

289 chemical substances are most likely obtaining the feedstocks for that manufacturing 
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290 process from companies participating in the PFOA Stewardship Program. For these 

291 companies to continue manufacturing LCPFAC chemical substances, they would need 

292 the feedstock and finished LCPFAC chemical substances currently supplied by 

293 companies participating in the PFOA Stewardship Program. As the PFOA Stewardship 

294 Program member companies phase out their manufacture of those substances and 

295 customer demand continues to shift from LCPFAC chemical substances to alternatives, 

296 EPA believes that the manufacture of LCPFAC chemical substances by companies not 

297 participating in the PFOA Stewardship Programs are likely to cease by December 31, 

298 2015. EPA would like to receive comments addressing the extent to which companies 

299 manufacturing specific LCPFAC chemical substances for particular uses are utilizing 

300 existing sources that are not dependent on the PFOA Stewardship Program member 

301 companies and that are expected to continue after December 31, 2015. Because specific 

302 uses of those specific chemical substances would be considered ongoing, they would be 

303 outside the scope of the significant new use when finalized. 

304 D. What are the Uses and Production Levels of PFAS Chemical Substances?

305 The Agency previously determined that the 271 PFAS chemical substances 

306 identified in 40 CFR 721.9582(a)(1) were no longer being manufactured for any use in 

307 the United States, other than for the uses listed under 40 CFR 721.9582(a)(3), (a)(4), and 

308 (a)(5) (Refs. 8 and 9). PFAS chemical substances included in 40 CFR 721.9582 were 

309 previously used in a variety of products, which can be divided into three main use 

310 categories: Surface treatments, paper protection, and performance chemicals. In the past, 

311 PFAS chemical substances in the performance chemicals category were used in a wide 

312 variety of specialized industrial, commercial, and consumer applications. Specific 

313 applications included firefighting foams, mining and oil well surfactants, acid mist 
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314 suppressants for metal plating and electronic etching baths, alkaline cleaners, floor 

315 polishes, inks, photographic film, denture cleaners, shampoos, chemical intermediates, 

316 coating additives, carpet spot cleaners, and as an insecticide in bait stations for ants (Ref. 

317 10). In some instances, PFAS chemical substances are no longer used for the uses listed 

318 in 40 CFR 721.9582(a)(3), (a)(4), and (a)(5) as a result of new substitutes developed and 

319 production and processing changes implemented by companies to eliminate the need for 

320 use of PFAS chemical substances. In addition, since those chemicals are no longer 

321 manufactured (including imported) other than for the listed uses, EPA believes that those 

322 chemical substances are also no longer processed other than for those listed uses. 

323 E. What are the Potential Health and Environmental Effects of LCPFAC Chemical 

324 Substances? 

325 

326 The following brief summary of chemistry, environmental fate, exposure 

327 pathways, and health and environmental effects of LCPFAC chemical substances is based 

328 on the 2009 Action Plan (Ref. 1), references cited in the 2009 Action Plan, and additional 

329 selected references published after the 2009 Action Plan. 

330 PFOA is persistent, widely present in humans and the environment, has long half331 lives in humans, and can cause adverse effects in laboratory animals, including cancer 

332 and developmental and systemic toxicity (Refs. 11, 12, 13, 14, and 15). PFOA precursors, 

333 chemicals which degrade or may degrade to PFOA, are also present worldwide in 

334 humans and the environment and, in some cases, might be present at higher 

335 concentrations than PFOA and be more toxic (Refs. 16, 17, 18, 19, and 20). PFOA higher 

336 homologues are chemicals with carbon chain lengths longer than PFOA. Available 

337 evidence suggests that toxicity and bioaccumulation appear to be higher for chemical 

338 substances with longer carbon chain lengths compared to those with shorter chain lengths 
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339 (Refs. 21, 22, 23, and 24). 

340 LCPFAC chemical substances have been detected in biota, air, water, dust, and 

341 soil samples collected throughout the world. Some LCPFAC chemical substances have 

342 the potential for long-range transport. They are transported over long distances by a 

343 combination of dissolved-phase ocean and gas-phase atmospheric transport; however, 

344 determining which is the predominant transport pathway is complicated by many factors, 

345 including the uncertainty over water to atmosphere partitioning. Furthermore, there is 

346 evidence that transport and subsequent oxidation of volatile alcohol LCPFAC chemical 

347 substance precursors contribute to the levels of LCPFAC chemical substances in the 

348 environment. 

349 For a more detailed summary of background information (e.g., chemistry, 

350 environmental fate, exposure pathways, and health and environmental effects), as well as 

351 references pertaining to LCPFAC chemical substances, please refer to Unit IV. of EPA’s 

352 initial proposed SNUR on LCPFAC chemical substances published in the Federal 

353 Register of August 15, 2012 (Ref. 10). 

354 F. What are the Potential Health and Environmental Effects of PFAS Chemical 

355 Substances? 

356 

357 PFAS chemical substances degrade ultimately to perfluoroalkylsulfonic acid 

358 (PFASA), which can exist in the anionic form under environmental conditions. Further 

359 degradation of PFASA is not observed under normal environmental conditions. PFASA 

360 is highly persistent in the environment and has a tendency to bioaccumulate (Ref. 25). 

361 PFASA can continue to be formed by any PFAS containing chemical substances 

362 introduced into the environment. 

363 Studies have found PFAS chemical substances containing 5 to 14 carbons (C5-
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364 C14) in the blood of the general human population as well as in wildlife, indicating that 

365 exposure to these chemical substances is widespread (Refs. 1, 4, 26, 27, 28, and 29). The 

366 widespread presence of PFAS chemical substances in human blood samples nationwide 

367 suggests other pathways of exposure, possibly including the release of PFAS from treated 

368 articles. 

369 Biological sampling has shown the presence of certain perfluoroalkyl compounds 

370 in fish and in fish-eating birds across the United States and in locations in Canada, 

371 Sweden, and the South Pacific (Refs. 26 and 27). The wide distribution of the chemical 

372 substances in high trophic levels is strongly suggestive of the potential for 

373 bioaccumulation and/or bioconcentration. 

374 Based on currently available information, EPA believes that while all PFAS 

375 chemical substances are expected to persist, the length of the perfluorinated chain may 

376 also have an effect on bioaccumulation and toxicity, which are also characteristics of 

377 concern for these chemical substances. PFAS chemical substances with longer carbon 

378 chain lengths may be of greater concern than those with shorter chain lengths (Refs. 4, 

379 21, and 22). 

380 The hazard assessment published by the Organization for Economic Cooperation 

381 and Development (Ref. 10) concluded that perfluorooctyl sulfonates (PFOS) are 

382 persistent, bioaccumulative and toxic to mammalian species. While most studies to date 

383 have focused primarily on PFOS, structure-activity relationship analysis indicates that the 

384 results of those studies are applicable to the entire category of PFAS chemical substances, 

385 which includes PFOS. Available test data have raised concerns about their potential 

386 developmental, reproductive, and systemic toxicity (Refs. 1, 16, 26, and 27). 

387 For a more detailed summary of background information (e.g., chemistry, 
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388 environmental fate, exposure pathways, and health and environmental effects), as well as 

389 references pertaining to PFAS chemical substances, please refer to EPA’s proposed 

390 SNURs on PFAS chemical substances published in the Federal Register of October 18, 

391 2000 (Ref. 30), March 11, 2002, and March 10, 2006 (Refs. 26 and 31). Also, refer to the 

392 2009 Action Plan (Ref. 1). 

393 III. Rationale and Objectives

394 A. Rationale

395 EPA is concerned about the effects LCPFAC and PFAS chemical substances may 

396 have on human health and the environment. As discussed in Unit II., LCPFAC and PFAS 

397 chemical substances are found world-wide in the environment, wildlife, and humans. 

398 They are bioaccumulative in wildlife and humans, and are persistent in the environment. 

399 They are toxic to laboratory animals, producing reproductive, developmental, and 

400 systemic effects in laboratory tests. The exact sources and pathways by which these 

401 chemicals move into and through the environment and allow humans and wildlife to 

402 become exposed are not fully understood, but are likely to include releases from 

403 manufacturing of the chemicals, processing of these chemicals into products, and aging, 

404 wear, and disposal of products containing them. 

405 Since the manufacture and processing of LCPFAC chemical substances listed in 

406 Table 1 of Unit I. will be discontinued after December 31, 2015, as committed by the 

407 principal manufacturers of LCPFAC chemical substances participating in the PFOA 

408 Stewardship Program, EPA expects the presence of LCPFAC chemical substances in 

409 humans and the environment to decline over time as has been observed in the past when 

410 production and use of other persistent chemicals has ceased (Ref. 32). Similarly, EPA 

411 expects other LCPFAC chemicals substances to decline as well since the manufacture 
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412 and processing of those has ceased, as observed by the absence of reporting in the CDR 

413 2012 reporting period. In addition, EPA expects the presence of PFAS chemical 

414 substances to decline in humans and the environment since PFAS is no longer imported 

415 as part of carpets. EPA is concerned that the manufacturing or processing of these 

416 chemical substances for the proposed significant new uses could be reinitiated in the 

417 future. If reinitiated, EPA believes that such use would significantly increase the 

418 magnitude and duration of exposure to humans and the environment to these chemical 

419 substances. 

420 Accordingly, EPA wants the opportunity to evaluate and control, where 

421 appropriate, activities associated with those uses, if such manufacturing (including 

422 importing) or processing were to start or resume. The required notification provided by a 

423 SNUN would provide EPA with the opportunity to evaluate activities associated with a 

424 significant new use and an opportunity to protect against unreasonable risks, if any, from 

425 exposure to LCPFAC chemical substances. 

426 Consistent with EPA’s past practice for issuing SNURs under TSCA section 

427 5(a)(2), EPA’s decision to propose a SNUR for a particular chemical use need not be 

428 based on an extensive evaluation of the hazard, exposure, or potential risk associated with 

429 that use. Rather, the Agency’s action is based on EPA’s determination that if the use 

430 begins or resumes, it may present a risk that EPA should evaluate under TSCA before the 

431 manufacturing or processing for that use begins. Since the new use does not currently 

432 exist, deferring a detailed consideration of potential risks or hazards related to that use is 

433 an effective use of resources. If a person decides to begin manufacturing or processing 

434 the chemical for the use, the notice to EPA allows EPA to evaluate the use according to 

435 the specific parameters and circumstances surrounding that intended use.
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436 B. Objectives 

437 Based on the considerations in Unit III.A., EPA wants to achieve the following 

438 objectives with regard to the significant new use(s) that are designated in this proposed 

439 rule:

440 1. EPA would receive notice of any person’s intent to manufacture or process 

441 LCPFAC chemical substances, PFOA or its salts, or PFAS chemical substances for the 

442 described significant new use before that activity begins.

443 2. EPA would have an opportunity to review and evaluate data submitted in a 

444 SNUN before the notice submitter begins manufacturing or processing these chemical 

445 substances for the described significant new use.

446 3. EPA would be able to regulate prospective manufacturers or processors of 

447 these chemical substances before the described significant new use of the chemical 

448 substance occurs, provided that regulation is warranted pursuant to TSCA sections 5(e), 

449 5(f), 6, or 7. 

450 IV. Significant New Use Determination

451 Section 5(a)(2) of TSCA states that EPA’s determination that a use of a chemical 

452 substance is a significant new use must be made after consideration of all relevant factors 

453 including: 

454 • The projected volume of manufacturing and processing of a chemical 

455 substance. 

456 • The extent to which a use changes the type or form of exposure of human 

457 beings or the environment to a chemical substance. 

458 • The extent to which a use increases the magnitude and duration of exposure of 

459 human beings or the environment to a chemical substance. 
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460 • The reasonably anticipated manner and methods of manufacturing, processing, 

461 distribution in commerce, and disposal of a chemical substance. 

462 In addition to these factors enumerated in TSCA section 5(a)(2), the statute 

463 authorizes EPA to consider any other relevant factors. 

464 To determine what would constitute a significant new use of the LCPFAC and 

465 PFAS chemical substances subject to this proposed rule, as discussed - in this unit or is it 

466 this proposed rule???, EPA considered relevant information about the toxicity of these 

467 substances, trends in blood levels, likely human exposures and environmental releases 

468 associated with possible uses, and the four factors listed in TSCA section 5(a)(2). 

469 As discussed in Unit III.A., once the manufacture (including import) and 

470 processing of LCPFAC chemical substances for these uses discontinue in the United 

471 States, exposure will decrease over time. EPA expects their presence in humans and the 

472 environment to concomitantly decline over time. If any of the new use of LCPFAC 

473 chemical substances were to begin after phasing out, EPA believes that such use could 

474 both change the type and form and increase the magnitude and duration of human and 

475 environmental exposure to the substances, constituting a significant new use. Based on 

476 consideration of the statutory factors discussed herein, EPA has preliminary determined 

477 the following uses as significant new uses: 

478 • Manufacturing (including importing) or processing of LCPFAC chemical 

479 substances listed in Table 1 of Unit I. for any uses that are no longer ongoing after 

480 December 31, 2015. 

481 • Manufacturing (including importing) or processing of PFOA or its salts for any 

482 use. 

483 • Manufacturing (including importing) or processing of all other LCPFAC 
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484 chemical substances for any use not ongoing as of the date on which this proposed rule is 

485 published. 

486 EPA’s Office of Research and Development has conducted research 

487 demonstrating that perfluorinated chemicals contained in articles of commerce can be 

488 released from those articles. For instance, one study observed the removal of 

489 perfluorinated chemicals from treated carpet as a result of carpet cleaning and showed 

490 that perfluorinated chemicals contained in treated carpet could be released to the 

491 environment (Ref. 33). A second study indicated that perfluorinated chemicals could be 

492 released from treated medical garments with water alone (Ref. 34). LCPFAC chemical 

493 substances may be similarly released from related articles. EPA believes that once 

494 manufacturing of LCPFAC chemical substances have been phased out, there will be 

495 fewer articles containing the chemicals substances in the public domain over time and 

496 thus, exposure through articles will decrease over time. EPA believes any new use of 

497 LCPFAC chemical substances as part of articles would increase the duration and 

498 magnitude of human and environmental exposure to the substances. Based on these 

499 considerations, EPA has preliminarily determined that importing LCPFAC chemical 

500 substances listed in Table 1 of Unit I. and PFOA or its salts as part of articles both

501 constitutes a significant new use and warrants making inapplicable the article exemption 

502 at 40 CFR 721.45(f) inapplicable to importers of articles. However, import of 

503 fluoropolymer dispersions and emulsions, and fluoropolymers as part of articles, 

504 containing PFOA or its salts was not determined to be a significant new use because this 

505 use is currently ongoing and EPA is not making inapplicable any of the standard 

506 exemptions at 40 CFR 721.45 for PFOA. 

507 In a previous rule EPA designated all uses of the PFAS chemicals identified in 40 
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508 CFR 721.9582 as significant new uses, except Except for the ongoing uses specified in 40 

509 CFR 721.9582 (a)(3) through (a)(5), the Agency believes the manufacture (including 

510 import) and processing of any of the PFAS chemical substances subject to this rule has 

511 been discontinued, including the importing of these chemical substances as part of 

512 carpets.. Currently, exposure to PFAS chemical substances occur from ongoing uses 

513 characterized as low volume, low exposure uses or, for the general public, through 

514 existing articles containing PFAS chemicals that entered into the market prior to phasing 

515 out the chemical substances. If import of these chemicals as part of carpets were to 

516 begin, it would change the type and form of exposure. Because these chemicals are 

517 persistent and bioaccumulative, any new use, including import as part of carpets, of 

518 PFAS chemical substances would increase the magnitude and duration of exposure to 

519 humans and the environment relative to what currently exists. Based on these 

520 considerations of the statutory factors discussed in this Unit, EPA has also preliminarily 

521 determined that importing PFAS chemical substances listed at 40 CFR 721.9582 as part 

522 of carpets constitutes as significant new use and warrants making inapplicable the 

523 exemption at 40 CFR 721.45(f). Based on EPA’s Office of Research and Development’s 

524 research and the considerations in the preceding paragraphs (see, e.g., Ref. 30), EPA 

525 believes that if the import of carpets containing these chemical substances were to 

526 resume, people and the environment could be exposed to these chemical substances in 

527 articles. The existing regulation at 40 CFR 721.9582 broadly defined the significant use 

528 in a way that encompassed import of these chemical substances as part of carpets, but for 

529 clarity EPA is proposing to expressly list import as part of carpets as a significant new 

530 use for the chemicals covered by 40 CFR 721.9582, and in light of the referenced 

531 considerations, EPA is now proposing to make inapplicable the exemption at 40 CFR 
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532 721.45 to importers of these chemical substances as part of articles. 

533 As noted in Unit V., EPA is proposing that the exemption at 40 CFR 721.45(f) 

534 remain in effect for persons who process chemical substances as part of articles because 

535 existing stocks of articles may still contain LCPFAC or PFAS chemical substances. 

536 Table 3 of this unit is a summary of the dates relevant to EPA’s preliminary 

537 determinations.

538 

539 Table 3.--Significant New Uses for LCPFAC Chemical Substances, PFOA and Its 

540 Salts, Other LCPFAC Chemical Substances, and PFAS Chemical Substances 

541 

New Use 

LCPFAC 

in Table 1 of 

Unit I. 

PFOA and 

its salts 

Other 

LCPFAC 

PFAS 

Manufacture 

or processing 

for any use 

After 

12/31/2015 

[insert date of 

publication in 

the Federal 

Register] 

[insert date of 

publication in the 

Federal Register] 

In effect 

(see 40 CFR 

721.9582) 

542 LCPFAC = Long-chain perfluoroalkyl carboxylate. PFAS = Perfluoroalkyl sulfonate. 

543 PFOA = Perfluorooctanoic acid. 

544 

545 V. Importers and Processors of These Chemical Substances as Part of Articles 

546 Once the determination of a significant new use under TSCA section 5(a)(2) has 

547 been made, EPA may separately determine whether it would be appropriate to make the 

548 regulatory exemption for some or all persons who import or process a chemical substance 

549 as part of an article (40 CFR 721.45(f)) inapplicable to a SNUR. In this case, EPA 

550 believes that the assumption underpinning this exemption, that people and the 

551 environment will generally not be exposed to chemical substances as part of articles, does 

552 not hold true. See Unit IV. for a discussion of why EPA believes this assumption is 

553 incorrect. Thus EPA is proposing to make this exemption inapplicable to importers of the 

554 PFAS chemicals identified in section 721.9582 as part of carpets and importers of the 

555 chemical substances listed in Table 1 and Table 2 of this preamble as part of an article for 

556 the corresponding significant new uses. EPA is requesting comment on the potential for 
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557 exposure to these chemical substances via these articles and for comments on the ongoing 

558 uses of the TDI and related compounds as part of an article. EPA is not proposing to 

559 make this exemption inapplicable to processors of these chemical substances as part of an 

560 article. EPA previously determined in a prior rulemaking and is not reopening its 

561 determination to make this exemption inapplicable to importers of the LCPFAC chemical 

562 substances identified in section 721.10536(b)(1) as part of carpets. 

563 VI. Applicability of General Provisions 

564 General provisions for SNURs appear under 40 CFR part 721, subpart A. These 

565 provisions describe persons subject to the rule, recordkeeping requirements, exemptions 

566 to reporting requirements, and applicability of the rule to uses occurring before the 

567 effective date of the final rule. However, EPA is proposing that the exemption at 40 CFR 

568 721.45(f) not apply to persons who import LCPFAC chemicals substances listed in Table 

569 1 of Unit I., PFOA or its salts (See Table 2 of Unit I. for examples of PFOA salts), and 

570 PFAS chemicals substances listed in 40 CFR 721.9582. As a result, persons subject to the 

571 provisions of this proposed rule would not be exempt from significant new use reporting 

572 if they import those LCPFAC chemical substances or PFOA or its salts as part of articles 

573 or if they import PFAS chemical substances as part of carpets. However, EPA is also 

574 proposing that the exemption at 40 CFR 721.45(f) remain in effect for persons who 

575 process chemical substances as part of an article because existing stocks of articles may 

576 still contain LCPFAC or PFAS chemical substances. Provisions relating to user fees 

577 appear at 40 CFR part 700. According to 40 CFR 721.1(c), persons subject to SNURs 

578 must comply with the same notice requirements and EPA regulatory procedures as 

579 submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these requirements 

580 include the information submissions requirements of TSCA section 5(b) and 5(d)(1), the 
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581 exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and (h)(5), and the 

582 regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA may take regulatory 

583 action under TSCA section 5(e), 5(f), 6, or 7 to control the activities on which it has 

584 received the SNUN. If EPA does not take action, EPA is required under TSCA section 

585 5(g) to explain in the Federal Register its reasons for not taking action. 

586 Persons who export or intend to export a chemical substance identified in the 

587 proposed or final SNUR are subject to the export notification provisions of TSCA section 

588 12(b). The regulations that interpret TSCA section 12(b) appear at 40 CFR part 707, 

589 subpart D. In accordance with 40 CFR 707.60(b), this proposed SNUR does not trigger 

590 notice of export for articles. Persons who import a chemical substance identified in a final 

591 SNUR are subject to the TSCA section 13 import certification requirements, codified at 

592 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Such persons must certify that 

593 the shipment of the chemical substance complies with all applicable rules and orders 

594 under TSCA, including any SNUR requirements. The TSCA section 13 import 

595 certification requirement applies to articles containing a chemical substance or mixture if 

596 so required by the Administrator by a specific rule under TSCA. At this time EPA is not 

597 proposing to require import certification for these chemical substances as part of articles.

598 The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. 

599 VII. Applicability of Rule to Uses Occurring Before Effective Date of the Final Rule 

600 As discussed in the Federal Register of April 24, 1990 (55 FR 17376), EPA has 

601 decided that the intent of TSCA section 5(a)(1)(B)is best served by designating a use as a 

602 significant new use as of the date of publication of the proposed rule rather than as of the 

603 effective date of the final rule. If uses begun after publication of the proposed rule were 

604 considered ongoing rather than new, it would be difficult for EPA to establish SNUR 
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605 notice requirements, because a person could defeat the SNUR by initiating the proposed 

606 significant new use before the document became final, and then argue that the use was 

607 ongoing as of the effective date of the final rule. Thus, persons who begin commercial 

608 manufacture or processing of the chemical substance(s) that would be regulated through 

609 this proposed rule, if finalized, would have to cease any such activity before the effective 

610 date of the rule if and when finalized. To resume their activities, these persons would 

611 have to comply with all applicable SNUR notice requirements and wait until the notice 

612 review period, including all extensions, expires. Uses arising after the publication of the 

613 proposed rule are distinguished from uses that exist at publication of the proposed rule. 

614 The former would be new uses, the latter ongoing uses, except that uses that are ongoing 

615 as of the publication of the proposed rule would not be considered ongoing uses if they 

616 have ceased by the date of issuance of a final rule (as EPA expects for the LCPFAC 

617 chemical substances listed in Table 1 of Unit I. and PFOA or its salts). To the extent that 

618 additional ongoing uses are found in the course of rulemaking, EPA would exclude those 

619 specific chemical substances for those specific uses from the final SNUR. EPA has 

620 promulgated provisions to allow persons to comply with the final SNUR before the 

621 effective date. If a person were to meet the conditions of advance compliance under 40 

622 CFR 721.45(h), that person would be considered to have met the requirements of the final 

623 SNUR for those activities. 

624 VIII. Test Data and Other Information 

625 EPA recognizes that TSCA section 5 does not usually require developing any 

626 particular test data before submission of a SNUN. There are two exceptions: 

627 • Development of test data is required where the chemical substance subject to the 

628 SNUR is also subject to a test rule under TSCA section 4 (see TSCA section 5(b)(1)). 
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629 • Development of test data may be necessary where the chemical substance has been 

630 listed under TSCA section 5(b)(4) (see TSCA section 5(b)(2)). 

631 In the absence of a TSCA section 4 test rule or a TSCA section 5(b)(4) listing covering 

632 the chemical substance, persons are required only to submit test data in their possession 

633 or control and to describe any other data known to or reasonably ascertainable by them 

634 (15 U.S.C. 2604(d); 40 CFR 721.25; and 40 CFR 720.50). However, as a general matter, 

635 EPA recommends that SNUN submitters include data that would permit a reasoned 

636 evaluation of risks posed by the chemical substance during its manufacture, processing, 

637 use, distribution in commerce, or disposal. EPA encourages persons to consult with the 

638 Agency before submitting a SNUN. As part of this optional pre-notice consultation, EPA 

639 would discuss specific data it believes may be useful in evaluating a significant new use. 

640 SNUNs submitted for significant new uses without any test data may increase the 

641 likelihood that EPA will take action under TSCA section 5(e) to prohibit or limit 

642 activities associated with this chemical. 

643 SNUN submitters should be aware that EPA will be better able to evaluate 

644 SNUNs that provide detailed information on: 

645 1. Human exposure and environmental releases that may result from the 

646 significant new uses of the chemical substance. 

647 2. Potential benefits of the chemical substance. 

648 3. Information on risks posed by the chemical substances compared to risks 

649 posed by potential substitutes. 

650 VIIIIX. SNUN Submissions 

651 EPA recommends that submitters consult with the Agency prior to submitting a 

652 SNUN to discuss what data may be useful in evaluating a significant new use. 
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653 Discussions with the Agency prior to submission can afford ample time to conduct any 

654 tests that might be helpful in evaluating risks posed by the substance. According to 40 

655 CFR 721.1(c), persons submitting a SNUN must comply with the same notice 

656 requirements and EPA regulatory procedures as persons submitting a PMN, including 

657 submission of test data on health and environmental effects as described in 40 CFR 

658 720.50. SNUNs must be submitted on EPA Form No. 7710-25, generated using e-PMN 

659 software, and submitted to the Agency in accordance with the procedures set forth in 40 

660 CFR 721.25 and 40 CFR 720.40. e-PMN software is available electronically at 

661 http://www.epa.gov/opptintr/newchems.

662 IX. Economic Analysis 

663 A. SNUNs 

664 EPA has evaluated the potential costs of establishing SNUR reporting 

665 requirements for potential manufacturers and processors of the chemical substance 

666 included in this proposed rule (Ref. 35). In the event that a SNUN is submitted, costs are 

667 estimated at approximately $8,589 per SNUN submission for large business submitters 

668 and $6,189 for small business submitters. These estimates include the cost to prepare and 

669 submit the SNUN, and the payment of a user fee. Businesses that submit a SNUN would 

670 be subject to either a $2,500 user fee required by 40 CFR 700.45(b)(2)(iii), or, if they are 

671 a small business with annual sales of less than $40 million when combined with those of 

672 the parent company (if any), a reduced user fee of $100 (40 CFR 700.45(b)(1)). The costs 

673 of submission of SNUNs will not be incurred by any company unless a company decides 

674 to pursue a significant new use as defined in this proposed SNUR. 

675 The proposed SNUR would require notification to EPA before the importation of 

676 articles containing LCPFAC chemical substances listed in Table 1 of Unit I., or PFOA 
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677 and its salts. While not required by the proposed SNUR, companies importing articles 

678 containing these chemical substances may take additional steps to determine whether 

679 these chemical substances are part of the articles they are considering to import. 

680 Companies typically have an understanding of the contents of the articles they import or 

681 process; however, there may be instances when companies decide to gather additional 

682 information about these articles from suppliers if not currently available. EPA believes 

683 that the costs associated with such information gathering activities would be minimal for 

684 this proposed SNUR because these chemical substances are unlikely to be available for 

685 use in articles after December 31, 2015. EPA’s complete economic analysis is available 

686 in the public docket for this proposed rule (Ref. 35). 

687 B. Export Notification

688 Under TSCA section 12(b) and the implementing regulations at 40 CFR part 707, 

689 subpart D, exporters must notify EPA if they export or intend to export a chemical 

690 substance or mixture for which, among other things, a rule has been proposed or 

691 promulgated under TSCA section 5. For persons exporting a chemical substance that is 

692 the subject of a SNUR, a one-time notice must be provided for the first export or intended 

693 export to a particular country. The total costs of export notification will vary by 

694 chemical, depending on the number of required notifications (i.e., the number of 

695 countries to which the chemical substance is exported). While EPA is unable to make 

696 any estimate of the likely number of export notifications for the chemical substance 

697 covered in this proposed rule SNUR, , as stated in the accompanying EA of this proposed 

698 SNUR, the estimated cost of the export notification requirement on a per unit basis is 

699 $81.04. 

700 C. Import Chemical Substances as Part of an Article
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701 In proposing to make inapplicable the exemption relating to persons that import 

702 certain chemical substances as part of an article, this action may affect firms that plan to 

703 import types of articles that may contain the subject chemical substance. Some firms 

704 have an understanding of the contents of the articles they import. However, EPA 

705 acknowledges that importers of articles may have varying levels of knowledge about the 

706 chemical content of the articles that they import. These parties may need to become 

707 familiar with the requirements of the proposed rule. And, while not required by the 

708 SNUR, these parties may take additional steps to determine whether the subject 

709 chemical substances are part of the articles that they are considering to import. This 

710 determination may involve activities such as gathering information from suppliers along 

711 the supply chain, and/or testing samples of the article itself. Costs vary across the 

712 activities chosen and the extent of familiarity a firm has regarding the articles it imports. 

713 Cost ranges are presented in the Agency’s Economic Analysis for this proposed rule

714 (Ref. 35). Based on available information, EPA believes that article importers that 

715 choose to investigate their products would incur costs at the lower end of the ranges 

716 presented in the Economic Analysis. For those companies choosing to undertake actions 

717 to assess the composition of the articles they import, EPA expects that in all likelihood, 

718 these importers would take actions that are commensurate with the level of risk (of a 

719 chemical substance to be a part of an article) that each company perceives, and the 

720 resources it has available importers would take actions that are commensurate with the 

721 company’s perceived likelihood that a chemical substance might be a part of an article, 

722 and the resources it has available. Example activities and their costs are provided in the 

723 accompanying Economic Analysis of this proposed rule (Ref. 32) . 

724 XI. Alternatives 
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725 Before proposing this SNUR, EPA considered the following alternative regulatory 

726 actions: 

727 A. Promulgate a TSCA Section 8(a) Reporting Rule

728 Under a TSCA section 8(a) rule, EPA could, among other things, generally 

729 require persons to report information to the Agency when they intend to manufacture or 

730 process a listed chemical for a specific use or any use. However, for LCPFAC and PFAS 

731 chemical substances, the use of TSCA section 8(a) rather than SNUR authority would 

732 have several limitations. First, if EPA were to require reporting under TSCA section 8(a) 

733 instead of TSCA section 5(a), EPA would not have the opportunity to review human and 

734 environmental hazards and exposures associated with the proposed significant new use 

735 and, if necessary, take immediate follow-up regulatory action under TSCA section 5(e) or 

736 5(f) to prohibit or limit the activity before it begins. In addition, EPA may not receive 

737 important information from small businesses, because such firms generally are exempt 

738 from TSCA section 8(a) reporting requirements. In view of the level of health and 

739 environmental concerns about LCPFAC and PFAS chemical substances if used for the 

740 proposed significant new use, EPA believes that a TSCA section 8(a) rule for this 

741 chemical substance would not meet EPA’s regulatory objectives. 

742 B. Regulate LCPFAC Chemical Substances Under TSCA Section 6

743 EPA may regulate under TSCA section 6 if “the Administrator finds that there is a 

744 reasonable basis to conclude that the manufacture, processing, distribution in commerce, 

745 use or disposal of a chemical substance or mixture . . . presents or will present an 

746 unreasonable risk of injury to health or the environment.” (TSCA section 6(a)). Given 

747 that these chemical substances are believed to be phasing out, EPA concluded that risk 

748 management action under TSCA section 6 is not necessary at this time. However, if EPA 
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749 determines that there are persons who intend to manufacture or process these chemicals, 

750 EPA may decide to regulate LCPFAC chemical substances under TSCA section 6. This 

751 proposed SNUR would allow the Agency to address the potential risks associated with 

752 the proposed significant new use. 

753 XII. Request for Comment 

754 A. Do You Have Comments or Information About Ongoing Uses? 

755 EPA welcomes comments on any aspect of this proposed SNUR. EPA 

756 particularly requests comment on whether any of the current uses of any of the specific 

757 LCPFAC chemical substances identified in Table 1 of Unit I. will continue to be ongoing 

758 after December 31, 2015, or whether there are any ongoing uses of those identified in 

759 Table 2 of Unit I. EPA also requests comment on whether there are currently any 

760 ongoing uses, including use as part of articles, of any of the remaining LCPFAC chemical 

761 substances that were not identified in the 2012 CDR. EPA would welcome specific 

762 documentation of any such ongoing use. 

763 B. What Should I Consider as I Prepare My Comments for EPA? 

764 1. Submitting CBI. It is EPA's policy to include all comments received in the 

765 public docket without change or further notice to the commenter and to make the 

766 comments available online at http://www.regulations.gov, including any personal 

767 information provided, unless a comment includes information claimed to be CBI or other 

768 information whose disclosure is restricted by statute. Do not submit this information to 

769 EPA through regulations.gov or email. Clearly mark the part or all of the information 

770 that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to 

771 EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically 

772 within the disk or CD-ROM the specific information that is claimed as CBI. In addition 
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773 to one complete version of the comment that includes information claimed as CBI, a copy 

774 of the comment that does not contain the information claimed as CBI must be submitted 

775 for inclusion in the public docket. Information so marked will not be disclosed except in 

776 accordance with procedures set forth in 40 CFR part 2, subpart B. 

777 2. Tips for preparing your comments. When submitting comments, remember to: 

778 i. Identify the document by docket ID number and other identifying information 

779 (subject heading, Federal Register date and page number). 

780 ii. Follow directions. The Agency may ask you to respond to specific questions or 

781 organize comments by referencing a Code of Federal Regulations (CFR) part or section 

782 number. 

783 iii. Explain why you agree or disagree; suggest alternatives and substitute 

784 language for your requested changes. 

785 iv. Describe any assumptions and provide any technical information and/or data 

786 that you used. 

787 v. If you estimate potential costs or burdens, explain how you arrived at your 

788 estimate in sufficient detail to allow for it to be reproduced. 

789 vi. Provide specific examples to illustrate your concerns and suggest alternatives. 

790 vii. Explain your views as clearly as possible, avoiding the use of profanity or 

791 personal threats. 

792 viii. Make sure to submit your comments by the comment period deadline 

793 identified. 

794 XIII. References 

795 The following is a listing of the documents that are specifically referenced in this 

796 document. The docket includes these documents and other information considered by 
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797 EPA, including documents that are referenced within the documents that are in the 

798 docket, even if the referenced document is not physically located in the docket. For 

799 assistance in locating these other documents, please consult the technical person listed 

800 under FOR FURTHER INFORMATION CONTACT.

801 1. EPA. Long-Chain Perfluorinated Chemicals Action Plan. December 30, 2009. 

802 2. EPA. 2010/2015 PFOA Stewardship Program. 2006. 

803 http://www.epa.gov/oppt/pfoa/pubs/stewardship/index.html. 

804 3. Rizzuto, Pat. DuPont Ceases PFOA Manufacture, Is on Track to Stop All Uses By 

805 End of 2014. Bloomberg BNA Daily Environmental Report. December 5, 2013. 

806 4. 3M Company. Perfluorooctane Sulfonate: Current Summary of Human Sera, 

807 Health and Toxicology Data. St. Paul, Minnesota. January 21, 1999.

808 5. Washington, J.W., et al. Degradability of an Acrylate-Linked Fluorotelomer 

809 Polymer in Soil. Environmental Science and Technology. 43: 6617-6623. 2009. 

810 6. EPA. PFOA Stewardship Program Baseline Year Summary Report. 2007. 

811 http://epa.gov/oppt/pfoa/pubs/stewardship/sumrpt.html#background. 

812 7. EPA. Industry Progressing in Voluntary Effort to Reduce Toxic Chemicals. 

813 February 10, 2012. 

814 8. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule. Final Rule. 

815 Federal Register (67 FR 72854, December 9, 2002) (FRL-7279-1). 

816 9. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule. Final Rule. 

817 Federal Register (72 FR 57222, October 9, 2007) (FRL-8150-4). 

818 10. EPA. Perfluoroalkyl Sulfonates and Long-Chain Perfluoroalkyl Carboxylate 

819 Chemical Substances; Proposed Significant New Use Rule; Proposed Rule. Federal 

820 Register (77 FR 48924, August 15, 2012) (FRL-9358-7). 
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821 11. Butt, C.M., et al. Levels and Trends of Poly- and Perfluorinated Compounds in 

822 the Arctic Environment. Science Total Environment. 408: 2936-2965. 2010. 

823 12. Houde M., et al. Biological Monitoring of Polyfluoroalkyl Substances: A Review. 

824 Environmental Science and Technology. 40: 3463-3473. 2006. 

825 13. Calafat A.M., et al. Polyfluoroalkyl Chemicals in the U.S. Population: Data From 

826 the National Health and Nutrition Examination Survey (NHANES) 2003-2004 and 

827 Comparisons with NHANES 1999-2000. Environmental Health Perspective. 115(11), 

828 1596-1602. 2007. 

829 14. Lau C., et al. Effects of Perfluoroctanoic Acid Exposure During Pregnancy in the 

830 Mouse. Toxicology Science. 90(2): 510-518. 2006. 

831 15. Lau C., et al. Perfluoroalkyl Acids: A Review of Monitoring and Toxicological 

832 Findings. Toxicological Sciences. 99(2): 366-394. 2007. 

833 16. Ahrens L., et al. Polyfluoroalkyl Compounds in the Aquatic Environment: A 

834 Review of Their Occurrence and Fate. Journal of Environmental Monitoring. 13: 20-31. 

835 2011. 

836 17. Sturm R., et al. Trends of Polyfluoroalkyl Compounds in Marine Biota and in 

837 Humans. Environmental Chemistry. 7: 457-484. 2010. 

838 18. Lau, C. Perfluorinated Compounds. Molecular, Clinical and Environmental 

839 Toxicology Experientia Supplementum. Volume 101, pp. 47-86. 2012. 

840 19. Yoo, H., et al. Concentrations, Distribution and Persistence of Fluorotelomer 

841 Alcohols in Sludge-applied Soils Near Decatur, Alabama, USA. Environmental Science 

842 & Technology. 44: 8397-8402. 2010. 

843 20. Washington, J.W., et al. Concentrations, Distribution and Persistence of 

844 Perfluoroalkylates in Sludge-applied Soils Near Decatur, Alabama, USA. Environmental 
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845 Science and Technology. 44: 8390-8396. 2010. 

846 21. Kudo, N., et.al. Comparison of the Elimination Between Perfluorinated Fatty 

847 Acids with Different Carbon Chain Lengths in Rats. Chemico-Biological Interactions. 

848 Volume 134(2), pp. 203-216. 2001. 

849 22. Goecke-Flora, C.M., et al. Influence of Carbon Chain Length on the Hepatic 

850 Effects of Perfluorinated Fatty Acids, A\19\ F- and \31\P-NMR Investigation. Chemical 

851 Research in Toxicology. 9(4), pp. 689-695. 1996. 

852 23. Lasier, P.J., et al. Perfluorinated Chemicals in Surface Waters and Sediments 

853 from Northwest Georgia, USA, and Their Bioaccumulation in Lumbriculus Variegates. 

854 Environmental Toxicology andChemistry. 30: 2194-2201. 2011. 

855 24. 3M Company. Fluorochemical Use, Distribution, and Release Overview. St. Paul, 

856 Minnesota. May 26, 1999. 

857 25. Lua, C. Perfluorinated Compounds. Molecular, Clinical and Environmental 

858 Toxicology Experientia Supplementum. Volume 101, pp. 47-86. 2012. 

859 26. EPA. Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule; Proposed 

860 Rule. Federal Register (67 FR 11014, March 11, 2002) (FRL-6823-7). 

861 27. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule; Final Rule. Federal 

862 Register (67 FR 11008, March 11, 2002) (FRL-6823-6). 

863 28. 3M Company. The Science of Organic Fluorochemistry. St. Paul, Minnesota. 

864 February 5, 1999. 

865 29. Centers for Disease Control and Prevention. Fourth National Report on Human 

866 Exposure to Environmental Chemicals. Updated Tables. March 2013. 

867 30. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule; Proposed Rule. 

868 Federal Register (65 FR 62319, October 18, 2000) (FRL-6745-5). 
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869 31. EPA. Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule; Proposed 

870 Rule. Federal Register (71 FR 12311, March 10, 2006) (FRL-7740-6). 

871 32. Kato, K. et al. Trends in Exposure to Polyfluoroalkyl Chemicals in the U.S. 

872 Population: 1999-2008. Environmental Science and Technology. 45: 8037-8045. 2011. 

873 33. Hubbard, H. et al. Removal of Perfluorocarboxylic Acids (PFCAs) from Carpets 

874 Treated with Stain-Protection Products by Using Carpet Cleaning Machines. EPA, Report 

875 EPA/600-12/703. 2012. 

876 34. Liu, X. et al. Trends of Perfluoroalkyl Acid Content in Articles of Commerce. 

877 EPA, Report EPA/600/R-12/585. 2012. 

878 35. EPA. Economic Analysis of the Significant New use Rule for Long-Chain 

879 Perfluoroalkyl Carboxylate Chemical Substances. August 20, 2013. 

880 36. EPA. Modification of Significant New Use Rules for Certain Substances; Final 

881 Rule. Federal Register (62 FR 42690, August 8, 1997) (FRL-5735-4). 

882 XIVII. Statutory and Executive Order Reviews

883 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 

884 Improving Regulation and Regulatory Review 

885 

886 This proposed SNUR has been designated by the Office of Management and 

887 Budget (OMB) as a “significant regulatory action” under section 3(f) of Executive Order 

888 12866 (58 FR 51735, October 4, 1993). Accordingly, EPA submitted this proposed 

889 action to OMB for review under Executive Order 12866 and 13563 (76 FR 3821, January 

890 21, 2011), and any changes made in response to OMB recommendations are documented 

891 in the docket. 

892 B. Paperwork Reduction Act (PRA) 
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893 This action would not impose any new information collection burden under PRA, 

894 44 U.S.C. 3501 et seq. Burden is defined in 5 CFR 1320.3(b). The information collection 

895 activities associated with existing chemical SNURs are already approved by OMB under 

896 OMB control number 2070-0038 (EPA ICR No. 1188); and the information collection 

897 activities associated with export notifications are already approved by OMB under OMB 

898 control number 2070-0030 (EPA ICR No. 0795). If an entity were to submit a SNUN to 

899 the Agency, the annual burden is estimated to be less than 100 hours per response, and 

900 the estimated burden for an export notifications is less than 1.5 hours per notification. In 

901 both cases, burden is estimated to be reduced for submitters who have already registered 

902 to use the electronic submission system. Additional burden, estimated to be less than 10 

903 hours, could be incurred where additional recordkeeping requirements are specified 

904 under 40 CFR 721.125(a), (b), and (c). 

905 An Agency may not conduct or sponsor, and a person is not required to respond to 

906 a collection of information that requires OMB approval under PRA, unless it has been 

907 approved by OMB and displays a currently valid OMB control number. The OMB 

908 control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the 

909 Federal Register, are listed in 40 CFR part 9, and included on the related collection 

910 instrument, or form, if applicable. 

911 C. Regulatory Flexibility Act (RFA) 

912 Pursuant to RFA section 605(b), 5 U.S.C. 601 et seq., I hereby certify that 

913 promulgation of this proposed SNUR would not have a significant economic impact on a 

914 substantial number of small entities. The rationale supporting this conclusion is as 

915 follows. 

916 EPA generally finds that proposed and final SNURs are not expected to have a 
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917 significant economic impact on a substantial number of small entities (See, e.g., Ref. 36). 

918 Since these proposed SNURs would require a person who intends to engage in such 

919 activity in the future to first notify EPA by submitting a SNUN, no economic impact 

920 would occur unless someone files a SNUN to pursue a significant new use in the future or 

921 forgoes profits by avoiding or delaying the significant new use. Although some small 

922 entities may decide to engage in such activities in the future, EPA cannot presently 

923 determine how many, if any, there may be. However, EPA’s experience to date is that, in 

924 response to the promulgation of SNURs covering over 1,000 chemical substances, the 

925 Agency receives only a handful of notices per year. During the six year period from 

926 2005-2011, only three submitters self-identified as small in their SNUN submission (Ref. 

927 35). EPA believes the cost of submitting a SNUN is relatively small compared to the cost 

928 of developing and marketing a chemical new to a firm and that the requirement to submit 

929 a SNUN generally does not have a significant economic impact. 

930 A SNUR applies to any person (including small or large entities) who intends to 

931 engage in any activity described in the rule as a “significant new use.” EPA has 

932 preliminarily determined, based in part, on the Agency’s market research, that these 

933 chemical substances are not being manufactured (including imported) or processed for a 

934 significant new use. This preliminary determination also includes importation of these 

935 chemical substances as part of articles for the significant new use (Unit IV.). By 

936 definition of the word “new” and based on all information currently available to EPA, it 

937 appears that no small or large entities presently engage in such activities. Since this 

938 proposed SNUR would require a person who intends to engage in such activity in the 

939 future to first notify EPA by submitting a SNUN, no economic impact will occur unless 

940 someone files a SNUN to pursue a significant new use in the future or forgoes profits by 
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941 avoiding or delaying the significant new use. Although some small entities may decide to 

942 conduct such activities in the future, EPA cannot presently determine how many, if any, 

943 there may be. However, EPA’s experience to date is that, in response to the promulgation 

944 of SNURs covering over 1,000 chemical substances, the Agency receives only a handful 

945 of SNUNs per year. During the 6 year period from 2005-2011, only 3 submitters self946 identified as small in their SNUN submission (Ref. 35). EPA believes the cost of 

947 submitting a SNUN is relatively small compared to the cost of developing and marketing 

948 a chemical new to a firm and that the requirement to submit a SNUN generally does not 

949 have a significant economic impact. 

950 In addition, given existing regulatory limitations both internationally and within 

951 the U.S., industry-wide processes, resources that support companies in understanding and 

952 managing their supply chains, and the evidence showing minimal worldwide availability 

953 of the LCPFACs regulated under the SNUR, EPA believes that there will be minimal 

954 impact to importers of these chemical substances as part of articles from this proposed 

955 SNUR. Therefore, based on current knowledge, EPA has preliminarily determined that 

956 these uses, including the importation of these chemical substances as part of articles, are 

957 not ongoing, and that no small entities presently manufacture or import for the significant 

958 new uses addressed in this proposed rule. EPA will consider information received during 

959 the comment period that might indicate that this preliminary determination is incorrect. 

960 The SNUR does not require importers of articles that contain the listed chemicals to 

961 conduct specific activities to ascertain if they are importing or processing an article that 

962 uses a chemical subject to the proposed rule. EPA expects importers would take actions 

963 that are commensurate with their perceived likelihood of a chemical substance subject to 

964 the SNUR being part of an article, and the resources it has available. EPA has no reason 
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965 to believe that a firm would voluntarily incur substantial costs to comply with the SNUR, 

966 but rather each firm will choose the most efficient route to identify whether it is 

967 importing the subject chemical substances in articles. 

968 Therefore, EPA believes that the potential economic impact of complying with 

969 this proposed SNUR is not expected to be significant or adversely impact a substantial 

970 number of small entities. In a SNUR that published as a final rule in the August 8, 1997 

971 Federal Register (Ref. 36), the Agency presented its general determination that proposed 

972 and final SNURs are not expected to have a significant economic impact on a substantial 

973 number of small entities, which was provided to the Chief Counsel for Advocacy of the 

974 Small Business Administration.

975 D. Unfunded Mandates Reform Act (UMRA) 

976 Based on EPA’s experience with proposing and finalizing SNURs, State, local, 

977 and Tribal governments have not been impacted by these rulemakings, and EPA does not 

978 have any reason to believe that any State, local, or Tribal government would be impacted 

979 by this proposed rulemaking. As such, the requirements of UMRA sections 202, 203, 

980 204, or 205, 2 U.S.C. 1531-1538, do not apply to this proposed action. 

981 E. Executive Order 13132: Federalism 

982 This action would not have a substantial direct effect on States, on the relationship 

983 between the national government and the States, or on the distribution of power and 

984 responsibilities among the various levels of government, as specified in Executive Order 

985 13132 (64 FR 43255, August 10, 1999). 

986 F. Executive Order 13175: Consultation and Coordination with Indian Tribal 

987 Governments 

988 
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989 This proposed rule does not have Tribal implications because it is not expected to 

990 have any effect (i.e., there would be no increase or decrease in authority or jurisdiction) 

991 on Tribal governments, on the relationship between the Federal Government and the 

992 Indian Tribes, or on the distribution of power and responsibilities between the Federal 

993 Government and Indian Tribes. Thus, Executive Order 13175 (65 FR 67249, November 

994 9, 2000) does not apply to this proposed rule. 

995 G. Executive Order 13045: Protection of Children from Environmental Health Risks and 

996 Safety Risks 

997 

998 This proposed action is not subject to Executive Order 13045 (62 FR 19885, April 

999 23, 1997), because this proposed action is not intended to address environmental health 

1000 or safety risks for children. 

1001 H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, 

1002 or Use 

1003 

1004 This proposed rule is not subject to Executive Order 13211 (66 FR 28355, May 

1005 22, 2001), because this action is not expected to affect energy supply, distribution, or use. 

1006 I. National Technology Transfer Advancement Act (NTTAA) 

1007 Since this proposed action does not involve any technical standards, section 12(d) 

1008 of the NTTAA, 15 U.S.C. 272 note, does not apply to this proposed action. 

1009 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

1010 Populations and Low-Income Populations 

1011 

1012 This proposed action does not entail special considerations of environmental 

1013 justice related issues as delineated by Executive Order 12898 (59 FR 7629, February 16, 

1014 1994), because EPA has determined that this proposed action would not have 

1015 disproportionately high and adverse human health or environmental effects on minority 

1016 or low-income populations. This proposed action would not affect the level of 
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1017 protection provided to human health or the environment. 

1018 
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1019 List of Subjects in 40 CFR Part 721 

1020 Environmental protection, Chemicals, Hazardous substances, Reporting and 

1021 recordkeeping requirements. 

1022 

1023 

1024 Dated: ________________________ 

1025 

1026 

1027 __________________________________________ 

1028 

1029 

1030 Director, Office of Pollution Prevention and Toxics.
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1031 Therefore, it is proposed that 40 CFR chapter I be amended as follows: 

1032 PART 721--[AMENDED] 

1033 1. The authority citation for part 721 continues to read as follows: 

1034 Authority: 15 U.S.C. 2604, 2607, and 2625(c). 

1035 2. In § 721.9582: 

1036 a. Redesignate paragraph (a) as (b). 

1037 b. Add new paragraph (a). 

1038 a. Revise newly designated paragraph (ab)(2)(iv). 

1039 b. Add paragraph (bc). 

1040 The amendments read as follows: 

1041 § 721.9582 Certain perfluoroalkyl sulfonates.

1042 (a) Definitions. The definitions in § 721.3 apply to this section. In addition, the 

1043 following definition applies: Carpet means a finished fabric or similar product intended 

1044 to be used as a floor covering. This definition excludes resilient floor coverings such as 

1045 linoleum and vinyl tile.

1046 (ab) * * * 

1047 (2) * * * 

1048 (iv) Import as part of carpets. 

1049 * * * * * 

1050 (bc) Specific requirements. The provisions of subpart A of this part apply to this 

1051 section except as modified by this paragraph (bc). 

1052 (1) Revocation of certain notification exemptions. With respect to imports of 

1053 carpets, the provisions of § 721.45(f) do not apply to this section. A person who imports a 

1054 chemical substance identified in this section as part of a carpet is not exempt from 
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1055 submitting a significant new use notice. The other provision of § 721.45(f), respecting 

1056 processing a chemical substance as part of an article, remains applicable. 

1057 (2) [Reserved] 

1058 3. Revise § 721.10536 to read as follows: 

1059 § 721.10536 Long-chain perfluoroalkyl carboxylate chemical substances. 

1060 (a) Definitions. The definitions in § 721.3 apply to this section. In addition, the 

1061 following definition applies: 

1062 Carpet means a finished fabric or similar product intended to be used as a floor 

1063 covering. This definition excludes resilient floor coverings such as linoleum and vinyl 

1064 tile. 

1065 (b) Chemical substances and significant new uses subject to reporting. (1) The 

1066 chemical substances identified below, where 5 < n < 21 or 6 < m < 21, are subject to 

1067 reporting under this section for the significant new uses described in paragraph (b)(4)(i) 

1068 and (b)(4)(iv) of this section. 

 (i) CF3(CF2)n-COOM where M = H+ 1069 or any other group where a formal 

1070 dissociation can be made. 

1071 (ii) CF3(CF2)n-CH=CH2.

1072 (iii) CF3(CF2)n-C(=O)-X where X is any chemical moiety. 

1073 (iv) CF3(CF2)m-CH2-X where X is any chemical moiety. 

1074 (v) CF3(CF2)m-Y-X where Y = non-S, non-N heteroatom and where X is any 

1075 chemical moiety. 

1076 (2) The chemical substances listed in Table 1 of this paragraph are subject to 

1077 reporting under this section for the significant new uses described in paragraph (b)(4)(ii) 

1078 of this section. 
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1079 Table 1.--LCPFAC Chemical Substances Subject to Reporting After December 31, 

1080 2015 

1081 

CAS Registry 

Number 

(CASRN) 

Accession 

Number 

Chemical Name 

507-63-1 No Accession 

Number 

Octane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro8-iodo678-39-7 No Accession 

Number 

1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-

heptadecafluoro865-86-1 No Accession 

Number 

1-Dodecanol, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-

heneicosafluoro2043-53-0 No Accession 

Number 

Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-

heptadecafluoro-10-iodo2043-54-1 No Accession 

Number 

Dodecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10 ,10-

heneicosafluoro-12-iodo17741-60-5 No Accession 

Number 

2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11, 

12,12,12-heneicosafluorododecyl ester 

27905-45-9 No Accession 

Number 

2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-

heptadecafluorodecyl ester 

30046-31-2 No Accession 

Number 

Tetradecane, 

1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12-

pentacosafluoro-14-iodo39239-77-5 No Accession 

Number 

1-Tetradecanol, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,

14-pentacosafluoro60699-51-6 No Accession 

Number 

1-Hexadecanol, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,

15,15,16,16,16-nonacosafluoro65510-55-6 No Accession 

Number 

Hexadecane, 

1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,

13,14,14-nonacosafluoro-16-iodo68187-47-3 No Accession 

Number 

1-Propanesulfonic acid, 2-methyl-, 2-[[1-oxo-3-

[(.gamma.-.omega.-perfluoro- C4-16-

alkyl)thio]propyl]amino] derivs., sodium salts 

68391-08-2 No Accession 

Number 

Alcohols, C8-14, .gamma.-.omega.-perfluoro 

70969-47-0 No Accession 

Number 

Thiols, C8-20, .gamma.-.omega.-perfluoro, telomers with 

acrylamide 

125476-71-3 No Accession 

Number 

Silicic acid (H4SiO4), sodium salt (1:2), reaction 

products with chlorotrimethylsilane and 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluoro-1-

decanol 

1078712-88-5 No Accession 

Number 

Thiols, C4-20, .gamma.-.omega.-perfluoro, telomers with 

acrylamide and acrylic acid, sodium salts 
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1078715-61-3 No Accession 

Number 

1-Propanaminium, 3-amino-N-(carboxymethyl)-N,Ndimethyl-, N-[2-[(.gamma.-.omega.-perfluoro-C4-20-a 

lkyl)thio]acetyl] derivs., inner salts 

CBI 71217 Polyfluoroalkyl betaine 

CBI 89419 Modified fluoroalkyl urethane 

CBI 274147 Perfluorinated polyamine 

1082 CBI = Confidential Business Information. CAS or CASRN = Chemical Abstracts 

1083 Service Registry Number. 

1084 

1085 (3) The chemical substances identified as perfluorooctanoic acid (PFOA) and its 

1086 salts, including those listed in Table 2 of this paragraph, are subject to reporting under 

1087 this section for the significant new uses described in paragraph (b)(4)(iii) of this section. 

1088 Table 2.--PFOA and Examples of Its Salts 

CAS Registry 

Number 

(CASRN) 

Chemical Name 

335-66-0 Octanoyl fluoride, pentadecafluoro335-67-1 Octanoic acid, pentadecafluoro- (PFOA) 

335-93-3 Octanoic acid, pentadecafluoro-, silver salt 

335-95-5 Octanoic acid, pentadecafluoro-, sodium salt 

2395-00-8 Octanoic acid, pentadecafluoro-, potassium salt 

3825-26-1 Octanoic acid, pentadecafluoro-, ammonium salt (APFO) 

1089 CAS or CASRN = Chemical Abstracts Service Registry Number. 

1090 

1091 (4) Significant new uses. 

1092 (i) The significant new use for chemical substances identified in paragraph (b)(1) 

1093 of this section are: Manufacture (including import) or processing for use as part of carpets 

1094 or to treat carpets (e.g., for use in the carpet aftercare market). 

1095 (ii) The significant new use for chemical substances identified in paragraph (b)(2) 

1096 of this section are: Manufacture (including import ) or processing for any use after 

1097 December 31, 2015. 

1098 (iii) The significant new use for chemical substances identified in paragraph 

1099 (b)(3) of this section are: Manufacture (including import) or processing for any use. 

1100 Import of fluoropolymer dispersions and emulsions, and fluoropolymers as part of 
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1101 articles, containing chemical substances identified in paragraph (b)(3) of this section shall 

1102 not be considered as a significant new use subject to reporting.

1103 (iv) The significant new use for chemical substances identified in paragraph (b)(1) 

1104 of this section, except for those chemicals identified in Table 1 of paragraph (b)(2) of this 

1105 section are: Manufacture (including import) or processing for any use other than that use 

1106 already covered by paragraph (b)(4)(i) of this section.

1107 (c) Specific requirements. The provisions of subpart A of this part apply to this 

1108 section except as modified by this paragraph (c). 

1109 (1) Revocation of certain notification exemptions. With respect to imports of 

1110 carpets, the provisions of § 721.45(f) do not apply to this section. With respect to imports 

1111 of articles, the provisions of § 721.45(f) also do not apply to a chemical substance 

1112 identified in paragraphs (b)(2) or (b)(3) of this section. A person who imports a chemical 

1113 substance identified in paragraph (b)(1) of this section as part of a carpet or who imports 

1114 a chemical substance identified in paragraphs (b)(2) or (b)(3) of this section as part of an 

1115 article is not exempt from submitting a significant new use notice. The other provision of 

1116 § 721.45(f), respecting processing a chemical substance as part of an article, remains 

1117 applicable. 

1118 (2) [Reserved] 

1119