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### EO 12866/13563 Review Draft – As SubmittedRevised 12/11/2014 1 Rin2070-AJ99_LCPFAC SNUR2_NPR M_FRN_MASTER_REDLINE_2014-12- 2 11.docxRin2070-AJ99_EO12866_LCPFAC-SN UR_NPRM_FRdocument_2014-08-15.docx 3 4 BILLING CODE 6560-50-P 5 ENVIRONMENTAL PRO TECTION AGENCY 6 40 CFR Part 721 7 [EPA-HQ-OPPT-2013-0225; FRL- 9915-63] 8 RIN 2070-AJ99 9 Long-Chain Perfluoroalkyl Carboxylate a nd Perfluoroalkyl Sulfonate Chemical 10 Substances; Significant New Use Rule 11 12 AGENCY: Environmental Protection Agency (EPA). 13 ACTION: Proposed rule. 14 SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is proposing to 15 amend a significant new use rule (SNUR) for long-chain perfluor oalkyl carboxylate 16 (LCPFAC) chemical substances by designati ng as a significant ne w use manufacturing 17 (including importing) or processing of an identified subset of LCPFAC chemical 18 substances for any use that will not be ongoing after December 31, 2015, and all other 19 LCPFAC chemicals substances for which ther e are currently no ongoing uses. For this 20 SNUR, EPA is also proposing to make in applicable the exemption for persons who 21 import LCPFAC chemical substances as part of articles. In ad dition, EPA is also 22 proposing to amend a SNUR for perfluoroalkyl sulfonate (PFAS) chemical substances 23 that would make inapplicable the exemp tion for persons who import PFAS chemical 24 substances as part of carpets. Persons subj ect to these SNURs woul d be required to notify 25 EPA at least 90 days before commencing su ch manufacture or processing. The required 26 notifications would provide EPA with the opportunity to evaluate the intended use and, if 27*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 2 of 50 necessary, an opportunity to protect against pot ential unreasonable risk s from that activity 28 before it occurs. 29 DATES: Comments must be recei ved on or before [ insert date 60 days after date of 30 publication in the Federal Register ]. 31 ADDRESSES: Submit your comments, identified by docket identification (ID) number 32 EPA-HQ-OPPT-2013-0225, by one of the following methods: 33

• Federal eRulemaking Portal : http://www.regulations.gov . Follow the online 34 instructions for submitting comments. Do not submit electronically any information you 35 consider to be Confidential Business Info rmation (CBI) or other information whose 36 disclosure is restricted by statute. 37

• Mail : Document Control Office (7407M), Office of Pollution Prevention and 38 Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 39 Washington, DC 20460-0001. 40

• Hand Delivery : To make special arrangements fo r hand delivery or delivery of 41 boxed information, please follow the instructions at 42 http://www.epa.gov/dockets/contacts.html

. 43 Additional instructions on commenting or visiting the docket, along with more 44 information about dockets ge nerally, is available at http://www.epa.gov/dockets

. 45 FOR FURTHER INFORMATION CONTACT: For technical information contact : 46 Nicholas Nairn-Birch, Chemical Contro l Division (7405M), Office of Pollution 47 Prevention and Toxics, Environmental Pr otection Agency, 1200 Pennsylvania Ave., 48 NW., Washington, DC 20460-0001; telephone nu mber: (202) 564-3668; email address: 49 nairn-birch.nicholas@epa.gov

. 50 For general information contact : The TSCA-Hotline, ABVI-Goodwill, 422 South 51*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 3 of 50 Clinton Ave., Rochester, NY 14620; telephon e number: (202) 554-1404; email address: 52 TSCA-Hotline@epa.gov

. 53 SUPPLEMENTARY INFORMATION: 54 I. Executive Summary 55 A. Does this Action Apply to Me? 56 You may be potentially affected by th is action if you manuf acture (including 57 import) or process any of the chemical substances covered by this proposed SNUR

. The 58 North American Industrial Classification Syst em (NAICS) codes that are identified in 59 this unit are not intended to be exhaustive, but rather provides a guide to help readers 60 determine whether this rule applies to them . Potentially affected entities may include: 61

• Manufacturers (including im porters) of one or more of subject chemical 62 substances (NAICS codes 325 and 324110); e.g., chemical manufacturing and petroleum 63 refineries. 64

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

• Carpet and rug mills (NAICS code 314110). • Home furnishing merchant 66 wholesalers (NAICS code 423220). 67

• Carpet and upholstery cleaning services (NAICS code 561740). 68 This action may also affect certai n entities through pre-existing import 69 certification and export notification rule s under TSCA. Persons who import any 70 chemical substance governed by a final SNURare subject to the TSCA section 13 (15 71 U.S.C. 2612) import certification requiremen ts and the corresponding regulations at 19 72 CFR 12.118 through 12.127; see also 19 CFR 1 27.28. Those persons must certify that 73 the shipment of the chemical substance complies with all applicable rules and orders 74 under TSCA, including any SNUR requirements. The EPA policy in support of import 75*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 4 of 50 certification appears at 40 CF R part 707, subpart B. In addition, any persons who export 76 or intend to export a chemical substance that is the subject of this proposed rule on or 77 after [ insert date 30 days after the date of publication in the Federal Register ] are 78 subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)), 79 (see 40 CFR 721.20), and must comply with th e export notification requirements in 40 80 CFR part 707, subpart D. 81 To determine whether you or your business may be affected by this action, you 82 should carefully examine the applicabili ty provisions in 40 CFR 721.5 and 40 CFR 83 721.9582. If you have any questions regarding the applicability of this action to a 84 particular entity, consult the technical person listed under FOR FURTHER 85 INFORMATION CONTACT

. 86 B. What is the Agency's Aut hority for Taking this Action? 87 Section 5(a)(2) of TSCA (15 U.S. C. 2604(a)(2)) authorizes EPA to determine that 88 a use of a chemical substance is a “si gnificant new use.” EPA must make this 89 determination by rule after c onsidering all relevant factors, includi ng those listed in 90 TSCA section 5(a)(2). Once EPA determines that a use of a chemical substance is a 91 significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant 92 new use notice (SNUN) to EPA at least 90 days before they manufacture or process the 93 chemical substance for that use (15 U.S.C. 2604(a)(1)(B)). As described in Unit V., the 94 general SNUR provisions are found at 40 CFR part 721, subpart A. 95 C. What Action is the Agency Taking? 96 EPA is proposing to amend a SNUR at 40 CFR 721.10536 for LCPFAC chemical 97 substances by designating manufacturing (including importing) or processing of 98 LCPFAC chemical substances list ed in Table 1 of this unit for any use that is no longer 99*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 5 of 50 ongoing after December 31, 2015, as a significa nt new use; designating manufacturing 100 (including importing) or proces sing of PFOA or its salts for any use as a significant new 101 use; and designating manufactur ing (including importing) or processing of all other 102 LCPFAC chemical substances for any use notongoing as of the date on which this 103 proposed rule is published as a significant new use. For this SNUR, EPA is also 104 proposing to make the exemption at 40 CF R 721.45(f) inapplicable for persons who 105 import LCPFAC chemical substances listed in Table 1 of this unit and PFOA or its salts 106 as part of articles because exposure would in crease if in the future LCPFAC chemical 107 substances, including PFOA, are incorporated in articles and then imported. EPA is also 108 proposing to amend a SNUR at 40 CFR 721.9582 for PFAS chemi cal substances to make 109 the exemption at 40 CFR 721.45(f) inappli cable for persons who import of PFAS 110 chemical substances as part of carpets. This action is consistent with the purpose of the 111 “Long-Chain Perfluorinated Chemicals Ac tion Plan” (2009 Action Plan) published on 112 December 30, 2009 (Ref. 1). EPA is continuing to assess these chemical substances to 113 determine what other actions would be warranted. Before promulgating a final SNUR 114 with respect to uses of LCPFAC chemical substa nces listed in Table 1 of this unit that are 115 now ongoing, but are expected to be phase d out by December 31, 2015, EPA will verify 116 through comments on this action, or by other m eans, that the proposed significant new 117 uses have indeed ceased. Similarly, befo re promulgating a final SNUR on LCPFAC 118 chemical substances other than those listed in Table 1 of this unit, EPA will determine 119 based on comments on this action and other means what if any uses are ongoing in 120 making significant new use determinations in the final rule. Persons would be required to 121 notify EPA at least 90 days before commenci ng manufacture or processing of LCPFAC 122 chemical substances for the designated si gnificant new uses. This proposed SNUR is 123*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 6 of 50 intended to follow and codify an existing vol untary industry commitment to phase out 124 LCPFAC chemical substances by the end of 2015 (Ref. 2). The objectives and rationale 125 for this proposed SNUR are explai ned in more detail in Unit III. 126 Table 1.--LCPFAC Chemical Substances Subj ect to Reporting After December 31, 127 2015 128 129 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*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 7 of 50 125476-71-3 No Accession Number Silicic acid (H 4 SiO 4 ), 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 CBI = Confidential Business Information. CAS or CASRN = Chemical Abstracts 130 Service Registry Number. 131 132 In this proposed rule, the term LCPFAC refers to the long-chain category of 133 perfluorinated carboxylate chemical substances with perfluorinated carbon chain lengths 134 equal to or greater than seven carbons and le ss than or equal to 20 carbons. The category 135 of LCPFAC chemical substances also in cludes the salts and precursors of these 136 perfluorinated carboxylates. See Unit II.A. for the specific definition of the LCPFAC 137 category. 138 PFOA and its salts are subj ect to this proposed rule . PFOA and examples of 139 PFOA salts with Chemical Abstract Servi ce Registry Numbers (CASRN) and chemical 140 names are shown in Table 2 of this unit. PFOA and its salts are considered LCPFAC 141 chemical substances. EPA believes all uses of PFOA and its salts were phased out by 142 December 31, 2013. 143 Table 2.--PFOA and Exam ples of Its Salts 144 145 CAS Registry Number (CASRN) Chemical Name
335-66-0 Octanoyl fluoride, pentadecafluoro335-67-1 Octanoic acid, pent adecafluoro- (PFOA) 335-93-3 Octanoic acid, pentad ecafluoro-, silver salt 335-95-5 Octanoic acid, pentad ecafluoro-, sodium salt 2395-00-8 Octanoic acid, pentad ecafluoro-, potassium salt*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 8 of 50 3825-26-1 Octanoic acid, pentadecaf luoro-, ammonium salt (APFO) CAS or CASRN = Chemical Abstracts Service Registry Number. 146 The PFAS chemical substances for whic h EPA is modifying an existing SNUR 147 are currently listed in 40 CF R 721.9582(a)(1). All of these chemical substances are 148 collectively referred to in this rule as pe rfluoroalkyl sulfonates, or PFAS chemical 149 substances. In this proposal, the term PFAS refers to a category of perfluorinated 150 sulfonate chemical substances of any chain length. 151 EPA will not designate ongoing uses as signi ficant new uses when the final rule is 152 promulgated, except for uses that will be phased out by the end of 2015. Persons who 153 manufacture (including importers) or process any of the chemical substances included in 154 the proposed SNUR for an ongoing use at the time this proposed rule is published would 155 be free to continue without submitting a S NUN. Note, however, that uses not already 156 ongoing as of the publication date of this pr oposed rule, and ongoing uses that will be 157 phased out by the end of 2015, would not be c onsidered ongoing uses if they later arise, 158 even if they are in existen ce upon the issuance of a final rule . Furthermore, uses that are 159 ongoing as of the publication date of this pr oposed rule would not be considered ongoing 160 uses if they have ceased by the date of issu ance of a final rule (see Units IV. and VI. for 161 further discussion of what c onstitutes an ongoing use). Person s who intend to begin or 162 resume commercial manufacture or processing of the chemical substance(s) for a 163 significant new use would have to comply w ith all applicable SNUN requirements. 164 The LCPFAC chemical substances identifie d in Table 1 of this unit are known to 165 have current or recent ongoing uses on the basis of their inclusion in reports submitted to 166 the Agency under the 2012 Chemical Data Reporting (CDR) rule. EPA particularly 167 requests comment on whether any of the current uses of any of the specific chemical 168*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 9 of 50 substances identified in Table 1 of this unit will continue to be ongoing after December 169 31, 2015. EPA also requests comment on whether there are currently any ongoing uses, 170 including use as part of arti cles, of any of the remaining LCPFAC chemical substances 171 that were not identified du ring the 2012 CDR. Furthermor e, EPA requests comment on 172 whether there are any ongoing uses of PFOA or its salts, and whether PFAS chemical 173 substances are currently imported as part of carpets. EPA would welcome specific 174 documentation of any such ongoing use. 175 D. Why is the Agency Taking this Action? 176 These SNURs are necessary to ensure that EPA receives timely advance notice of any 177 future manufacturing (including importing) and processing of these LCPFAC chemical 178 substances for new uses that may produce changes in human and environmental exposures. 179 The rationale and objectives for this SNUR are explained in Unit III. 180 E. What are the Estimated Incremental Impacts of this Action? 181 EPA has evaluated the potential costs of establishing SNUR reporting requirements 182 for potential manufacturers (including importers) and processors of the chemical substances 183 included in this proposed rule. The economic analysis, which is available in the docket, is 184 discussed in Unit IX., and is briefly summarized here. 185 In the event that a SNUN is submitted, costs are estimated to be less than $8, 700 589 186 per SNUN submission for large business submitters and $6, 300 189 for small business 187 submitters. These estimates include the cost to prepare and submit the SNUN and the 188 payment of a user fee. In addition, for persons exporting a chemical substance that is the 189 subject of a SNUR, a one-time notice must be provided for the first export or intended export 190 to a particular country, which is estimated to cost less than $100 on average per notification. 191 The proposed rule may also affect firms that plan to import articles that contain LCFPAC 192 chemical substances, because, while not required by the SNUR, these parties may take 193*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 10 of 50 additional steps to determine whether LCPFAC chemical substances are part of the articles 194 that they are considering to import. In the accompanying Economic Analysis for this 195 proposed SNUR, example steps (and their respective costs) that an importer might take to 196 identify LCPFAC chemicals in articles are provided. These can include gathering information 197 through agreements with suppliers, declarations through databases or surveys, or use of a 198 third party certification system. Additionally, importers may require suppliers to provide 199 certificates of testing analysis of the products or perform their own laboratory testing of 200 certain articles. EPA is unable to predict, howev er, what, if any, particular steps an importer 201 might take; potential total costs were not estimated . Since EPA is unable to predict whether 202 anyone might engage in future activities that would require reporting, potential total costs 203 were not estimated

. 204 II. Chemical Substances Subject to this Proposed Rule 205 A. What LCPFAC Chemical Substances are Subject to this Proposed SNUR? 206 LCPFAC chemical substances are syntheti c chemicals that do not occur naturally 207 in the environment. The LCPFAC chemical subs tances identified in this unit, where 5 < n 208 < 21 or 6 < m < 21: 209 1. CF 3 (CF 2 ) n -COO M where M = H + or any other group where a formal 210 dissociation can be made.; 211 2. CF 3 (CF 2 ) n -CH=CH 2. 212 3. CF 3 (CF 2 ) n -C(=O)-X where X is any chemical moiety. 213 4. CF 3 (CF 2 ) m -CH 2 -X where X is any chemical moiety. 214 5. CF 3 (CF 2 ) m -Y-X where Y = non-S, non-N heteroatom and where X is any 215 chemical moiety. 216 This category definition of LCPFAC chemical substances, based on the chemical 217*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 11 of 50 structures in this unit, refers to a group of chemical substances containing PFOA and its 218 higher homologues. The category also includes th e salts and precursors of these chemical 219 substances. The precursors may be simple derivatives of PFOA and higher homologues 220 or polymers that contain or may degrad e to PFOA or higher homologues. These 221 precursors include long-chain fluorotelomers. LCPFAC chemical substances with greater 222 than 20 perfluorinated carbons can be consid ered polymers within the polymer exemption 223 under 40 CFR 723.250 because they exceed a mo lecular weight of 1,000 daltons and 224 contain at least 3 monomer units. As it is not EPA’s intent to regulate fluoropolymers in 225 this proposed rule, the LCPFAC category in this proposed rule includes a pe rfluorinated 226 carbon chain length upper limit of 20. 227 In this proposed rule, PFOA and its salts includes the chemical substances listed 228 in Table 2 of Unit II. PFOA and its salts ar e considered LCPFAC chemical substances. 229 Under this proposed rule, any LCPFAC chemical substance identified by 40 CFR 230 721.10536(b)(1)(i) through (b)(1)(v) that is intentionally used during fluoropolymer 231 formulation, such as an emulsion stabilizer inaqueous dispersions, would be subject to 232 reporting for the significant new uses desc ribed in 40 CFR 721.10536(b)(4)(i) through 233 (b)(4)(iv) . For example, ammonium perfluorooctanoate (APFO) -- when used as an aqueous 234 dispersion agent in fluoropolymer production -- is subject to this SNUR if the final 235 fluoropolymer product is used for a significant new use described in 40 CFR 236 721.10536(b)(4)(i) through (b)(4)(iv). 237 B. What PFAS Chemical Substances are Subject to this Proposed SNUR? 238 PFAS refers to a category of perfluorinat ed sulfonate chemical substances of any 239 chain length. The PFAS chemical substances for which EPA is proposing to modify an 240 existing SNUR are currently listed in 40 CFR 721.9582(a)(1). 241*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 12 of 50 C. What are the Uses and Production Levels of LCPFAC Chemical Substances? 242 PFOA, a member of the LCPFAC category, is a synthetic (man-made) chemical 243 that does not occur naturally in the environment. PFOA is manufactured for use primarily 244 as an aqueous dispersion agent as th e ammonium salt in the manufacture of 245 fluoropolymers. PFOA can also be produced uni ntentionally by the degradation of some 246 fluorotelomers, which are not manufacturedusing PFOA but could degrade to PFOA. 247 DuPont, which was the last company to manufacture (including import) PFOA and its 248 salts in the United States, ceased all producti on (including import) of PFOA and its salts 249 in 2013 (Ref. 3). 250 Fluoropolymers provide nonstick surfaces for cookware and other products, are 251 used as molded automotive parts, and have many other applications. 252 Polytetrafluoroethylene (PTFE) is the dominant fluoropolymer, accounting for 58% (by 253 weight) of world fluoropolymer consump tion in 2012 (Ref. 4). The United States 254 accounted for 20% of the world consumpti on of PTFE in 2012 and 40% of the world 255 consumption of other fluoropolymers. 256 Fluorotelomers, oligomers of te trafluoroethylene, are relatively small 257 functionalized molecules used to make pol ymers and surfactants. World-wide production 258 of fluorotelomer-based polymers (FTBP) was estimated at 20 million pounds in 2006. 259 Fluorotelomer monomers and FT BP are included in the LCPF AC category definition as 260 potential LCPFAC precursors (Ref. 5). The Un ited States accounts for more than 50% of 261 world-wide fluorotelomer/FTPB producti on. Textiles and apparel account for 262 approximately 50% of the volume used (Ref. 1). 263 In January 2006, EPA launched the 2010/2015 PFOA Stewardship Program 264 (PFOA Stewardship Program) in partnership with eight companies: DuPont, Solvay 265*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 13 of 50 Solexis, Asahi Glass Company, Daikin America, Inc., Clariant International Ltd., 266 3M/Dyneon, Arkema Inc.
, and BASF (formerly Ciba Speci alty Chemicals Corporation) 267 (Ref. 2). These companies represent a ma jority of global manufacture of LCPFAC 268 chemical substances (Ref. 6). The program set a goal of reducing f acility emissions and 269 product content of LCPFAC chemical substan ces on a global basis by 95%, no later than 270 2010, and to eliminate emissions and product co ntent of these chemical substances by 271 2015. With the exception of one manufacturer who has not participated in the PFOA 272 Stewardship Program, these companies accounted for the total volume of LCPFAC 273 chemical substances reported on the 2012 CD R (see Table 2 of Unit I.). Since these 274 chemical substances are proprietary chemicals, they are not expected to be manufactured 275 by any other company. The eight participating companies have informed EPA that they 276 are on track to phase out LC PFAC chemical substances by the end of 2015 (Ref. 7). 277 Based on the 2012 CDR, there was one additional manufacturer of certain 278 LCPFAC chemical substances who has not participated in th e PFOA Stewardship 279 Program. This company manufactures a sma ll volume of LCPFAC chemical substances, 280 compared to the volume of LCPFAC chemical substances manufactured by PFOA 281 Stewardship Program companies, and those ch emicals are primarily used in firefighting 282 foams. This company has expressed an interestin participating in the phase out goal of 283 the PFOA Stewardship Program and has already submitted premanufacture notices 284 (PMNs) for chemical substitutes of their current LCPFAC chemical substances. Other 285 than the PFOA Stewardship Program companie s and this one company, there were no 286 other companies that reported manufacture (including import) of LCPFAC chemical 287 substances in the 2012 CDR. Any domestic companies still manufacturing LCPFAC 288 chemical substances are most likely obtai ning the feedstocks for that manufacturing 289*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 14 of 50 process from companies participating in the PFOA Stewardship Program. For these 290 companies to continue manufacturing LCPFA C chemical substances, they would need 291 the feedstock and finished LCPFAC chemical substances currently supplied by 292 companies participating in the PFOA Stew ardship Program. As the PFOA Stewardship 293 Program member companies phase out their manufacture of those substances and 294 customer demand continues to shift from LCPF AC chemical substances to alternatives, 295 EPA believes that the manufacture of LCPFA C chemical substances by companies not 296 participating in the PFOA Stewardship Pr ograms are likely to cease by December 31, 297 2015. EPA would like to receive comments addr essing the extent to which companies 298 manufacturing specific LCPFAC ch emical substances for particular uses are utilizing 299 existing sources that are not dependent on the PFOA Stewardship Program member 300 companies and that are expected to conti nue after December 31, 2015. Because specific 301 uses of those specific chemical substances would be considered ongoing, they would be 302 outside the scope of the signi ficant new use when finalized. 303 D. What are the Uses and Production Levels of PFAS Chemical Substances? 304 The Agency previously determined that the 271 PFAS chemical substances 305 identified in 40 CFR 721.9582(a )(1) were no longer being manufactured for any use in 306 the United States, other than for the uses listed under 40 CFR 721.9582( a)(3), (a)(4), and 307 (a)(5) (Refs. 8 and 9). PFAS chemical s ubstances included in 40 CFR 721.9582 were 308 previously used in a variety of products, which can be divided into three main use 309 categories: Surface treatments, paper protecti on, and performance chemicals. In the past, 310 PFAS chemical substances in the performance chemicals category were used in a wide 311 variety of specialized industrial, commerc ial, and consumer applications. Specific 312 applications included firefighting foams, mining and oil well surfactants, acid mist 313*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 15 of 50 suppressants for metal plating and electronic etching baths, alkaline cleaners, floor 314 polishes, inks, photographic film, denture cl eaners, shampoos, chemical intermediates, 315 coating additives, carpet spot clean ers, and as an insecticide in bait stations for ants (Ref. 316 10). In some instances, PFAS chemical substa nces are no longer used for the uses listed 317 in 40 CFR 721.9582(a)(3), (a)(4), and (a)(5) as a result of new substitutes developed and 318 production and processing changes implemented by companies to eliminate the need for 319 use of PFAS chemical substances. In addi tion, since those chemicals are no longer 320 manufactured (including imported) other than for the listed uses, EPA believes that those 321 chemical substances are also no longer pr ocessed other than fo r those listed uses. 322 E. What are the Potential Health and Environmental Ef fects of LCPFAC Chemical 323 Substances? 324 325 The following brief summary of chemistry, environmental fate, exposure 326 pathways, and health and environmental effect s of LCPFAC chemical substances is based 327 on the 2009 Action Plan (Ref. 1), references ci ted in the 2009 Action Plan, and additional 328 selected references publishedafter the 2009 Action Plan. 329 PFOA is persistent, widely present in hu mans and the environment, has long half330 lives in humans, and can cause adverse eff ects in laboratory animals, including cancer 331 and developmental and systemic toxicity (Refs. 11, 12, 13, 14, and 15). PFOA precursors, 332 chemicals which degrade or may degrade to PFOA, are also present worldwide in 333 humans and the environment and, in some cases, might be present at higher 334 concentrations than PFOA and be more toxic (Refs. 16, 17, 18, 19, and 20). PFOA higher 335 homologues are chemicals with carbon chai n lengths longer than PFOA. Available 336 evidence suggests that toxicity and bioaccumu lation appear to be higher for chemical 337 substances with longer carbon ch ain lengths compared to thos e with shorter chain lengths 338*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 16 of 50 (Refs. 21, 22, 23, and 24). 339 LCPFAC chemical substances have been de tected in biota, ai r, water, dust, and 340 soil samples collected throughout the world. Some LCPFAC chemical substances have 341 the potential for long-range transport. They are transported over long distances by a 342 combination of dissolved-phase ocean and gas-phase atmospheri c transport; however, 343 determining which is the predominant transport pathway is complicated by many factors, 344 including the uncertainty over water to atmosphere partiti oning. Furthermore, there is 345 evidence that transport and subsequent oxi dation of volatile alc ohol LCPFAC chemical 346 substance precursors contribute to the leve ls of LCPFAC chemical substances in the 347 environment. 348 For a more detailed summary of background information (e.g., chemistry, 349 environmental fate, exposure pathways, and h ealth and environmental effects), as well as 350 references pertaining to LCPFA C chemical substances, please refer to Unit IV. of EPA’s 351 initial proposed SNUR on LCPFAC chemical substances published in the Federal 352 Register of August 15, 2012 (Ref. 10). 353 F. What are the Potential Health and Environmental Effects of PFAS Chemical 354 Substances? 355 356 PFAS chemical substances degrade ultim ately to perfluoroalkylsulfonic acid 357 (PFASA), which can exist in the anionic fo rm under environmental conditions. Further 358 degradation of PFASA is not observed under normal environmental conditions. PFASA 359 is highly persistent in the environment a nd has a tendency to bioaccumulate (Ref. 25). 360 PFASA can continue to be formed by a ny PFAS containing chemical substances 361 introduced into the environment. 362 Studies have found PFAS chemical subs tances containing 5 to 14 carbons (C5- 363*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 17 of 50 C14) in the blood of the gene ral human population as well as in wildlife, indicating that 364 exposure to these chemical substances is widespread (Refs. 1, 4, 26, 27, 28, and 29). The 365 widespread presence of PFAS chemical s ubstances in human blood samples nationwide 366 suggests other pathways of exposure, possibl y including the release of PFAS from treated 367 articles. 368 Biological sampling has shown the presen ce of certain perf luoroalkyl compounds 369 in fish and in fish-eating birds across th e United States and in locations in Canada, 370 Sweden, and the South Pacific (Refs. 26 and 27). The wide distribution of the chemical 371 substances in high trophic levels is strongly suggestive of the potential for 372 bioaccumulation and/or bioconcentration. 373 Based on currently available information, EPA believes that while all PFAS 374 chemical substances are expected to persist, the length of the perf luorinated chain may 375 also have an effect on bioaccumulation and t oxicity, which are also characteristics of 376 concern for these chemical substances. PFA S chemical substances with longer carbon 377 chain lengths may be of greater concern thanthose with shorter chain lengths (Refs. 4, 378 21, and 22). 379 The hazard assessment published by the Organization for Economic Cooperation 380 and Development (Ref. 10) concluded that perfluorooctyl sulfonates (PFOS) are 381 persistent, bioaccumulative and toxic to ma mmalian species. While most studies to date 382 have focused primarily on PFOS, structure-activ ity relationship analysis indicates that the 383 results of those studies are applicable to th e entire category of PFAS chemical substances, 384 which includes PFOS. Available test data ha ve raised concerns about their potential 385 developmental, reproductive, and system ic toxicity (Refs. 1, 16, 26, and 27). 386 For a more detailed summary of background information (e.g., chemistry, 387*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 18 of 50 environmental fate, exposure pathways, and h ealth and environmental effects), as well as 388 references pertaining to PFA S chemical substances, please refer to EPA’s proposed 389 SNURs on PFAS chemical substances published in the Federal Registerof October 18, 390 2000 (Ref. 30), March 11, 2002, and March 10, 2006 (Refs. 26 and 31). Also, refer to the 391 2009 Action Plan (Ref. 1). 392 III. Rationale and Objectives 393 A. Rationale 394 EPA is concerned about the effects LC PFAC and PFAS chemical substances may 395 have on human health and the environment. As discussed in Unit II., LCPFAC and PFAS 396 chemical substances are found world-wide in the environment, wildlife, and humans. 397 They are bioaccumulative in wildlife and humans, and are persistent in the environment. 398 They are toxic to laboratory animals, producing reproductive, developmental, and 399 systemic effects in laboratory tests. Th e exact sources and pathways by which these 400 chemicals move into and through the envir onment and allow humans and wildlife to 401 become exposed are not fully understood, but are likely to include releases from 402 manufacturing of the chemicals, processing of these chemicals into products, and aging, 403 wear, and disposal of products containing them. 404 Since the manufacture and processing of LCPFAC chemical substances listed in 405 Table 1 of Unit I. will be discontinued after December 31, 2015, as committed by the 406 principal manufacturers of LC PFAC chemical substances participating in the PFOA 407 Stewardship Program, EPA expects the presen ce of LCPFAC chemi cal substances in 408 humans and the environment to decline over time as has been observed in the past when 409 production and use of other persistent chemicals has ceased (Ref. 32). Similarly, EPA 410 expects other LCPFAC chemicals substances to decline as well since the manufacture 411*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 19 of 50 and processing of those has ceased, as obser ved by the absence of reporting in the CDR 412 2012 reporting period. In addition, EPA exp ects the presence of PFAS chemical 413 substances to decline in humans and the environment since PFAS is no longer imported 414 as part of carpets. EPA is concerned thatthe manufacturing or processing of these 415 chemical substances for the proposed signifi cant new uses could be reinitiated in the 416 future. If reinitiated, EPA believes that such use would significantly increase the 417 magnitude and duration of exposure to human s and the environment to these chemical 418 substances. 419 Accordingly, EPA wants the opportunity to evaluate and control, where 420 appropriate, activities associated with thos e uses, if such manu facturing (including 421 importing) or processing were to start or re sume. The required notification provided by a 422 SNUN would provide EPA with the opportunity to evaluate activities associated with a 423 significant new use and an opportunity to protec t against unreasonable risks, if any, from 424 exposure to LCPFAC chem ical substances. 425 Consistent with EPA’s past practice for issuing SNURs under TSCA section 426 5(a)(2), EPA’s decision to propose a SNUR for a particular chemical use need not be 427 based on an extensive evaluation of the hazard, e xposure, or potential ri sk associated with 428 that use. Rather, the Agency’s action is ba sed on EPA’s determination that if the use 429 begins or resumes, it may present a risk th at EPA should evaluate under TSCA before the 430 manufacturing or processing for that use be gins. Since the new use does not currently 431 exist, deferring a detailed consideration of potenti al risks or hazards related to that use is 432 an effective use of resources. If a person d ecides to begin manufacturing or processing 433 the chemical for the use, the notice to EPA allows EPA to evaluate the use according to 434 the specific parameters and circum stances surrounding that intended use. 435*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 20 of 50 B. Objectives 436 Based on the considerations in Unit III. A., EPA wants to achieve the following 437 objectives with regard to the significant new use(s) that are designated in this proposed 438 rule: 439 1. EPA would receive notice of any pers on’s intent to manufacture or process 440 LCPFAC chemical substances, PFOA or its salts, or PFAS chemical substances for the 441 described significant new use before that activity begins. 442 2. EPA would have an opportunity to review and evaluate data submitted in a 443 SNUN before the notice submitter begins ma nufacturing or processing these chemical 444 substances for the described significant new use. 445 3. EPA would be able to regulate pros pective manufacturers or processors of 446 these chemical substances before the described significant new use of the chemical 447 substance occurs, provided that regulation is warranted pursu ant to TSCA sections 5(e), 448 5(f), 6, or 7. 449 IV. Significant New Use Determination 450 Section 5(a)(2) of TSCA states that EPA’ s determination that a use of a chemical 451 substance is a significant new us e must be made after consider ation of all relevant factors 452 including: 453 • The projected volume of manufacturing and processing of a chemical 454 substance. 455 • The extent to which a use changes th e type or form of exposure of human 456 beings or the environment to a chemical substance. 457

• The extent to which a use increases the magnitude and duration of exposure of 458 human beings or the environment to a chemical substance. 459*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 21 of 50 • The reasonably anticipated manner a nd methods of manufacturing, processing, 460 distribution in commerce, and disposal of a chemical substance. 461 In addition to these factors enumerated in TSCA section 5(a)(2), the statute 462 authorizes EPA to consider a ny other relevant factors. 463 To determine what would constitute a significant new use of the LCPFAC and 464 PFAS chemical substances subject to this proposed rule, as disc ussed - in this unit or is it 465 this proposed rule???, EPA considered relevantinformation about the toxicity of these 466 substances, trends in blood levels, likely human exposures and environmental releases 467 associated with possible uses, and the four factors listed in TSCA section 5(a)(2). 468 As discussed in Unit III.A., once the manufacture (inc luding import) and 469 processing of LCPFAC chemical substances for these uses discontinue in the United 470 States, exposure will decrease over time. EP A expects their presence in humans and the 471 environment to concomitantly decline over ti me. If any of the new use of LCPFAC 472 chemical substances were to begin after phasing out, EPA believes that such use could 473 both change the type and form and increas e the magnitude and duration of human and 474 environmental exposure to the substances, c onstituting a significant new use. Based on 475 consideration of the statutory factors discu ssed herein, EPA has preliminary determined 476 the following uses as significant new uses: 477 • Manufacturing (including importing) or processing of LCPFAC chemical 478 substances listed in Table 1 of Unit I. fo r any uses that are no longer ongoing after 479 December 31, 2015. 480 • Manufacturing (including importing) or processing of PFOA or its salts for any 481

use. 482 • Manufacturing (including importing) or processing of all other LCPFAC 483*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 22 of 50 chemical substances for any use not ongoing as of the date on which this proposed rule is 484 published. 485 EPA’s Office of Research and De velopment has conducted research 486 demonstrating that perfluorinated chemical s contained in articles of commerce can be 487 released from those articles. For inst ance, one study observed the removal of 488 perfluorinated chemicals from treated carpet as a result of carpet cleaning and showed 489 that perfluorinated chemical s contained in treated carpet could be released to the 490 environment (Ref. 33). A second study indicate d that perfluorinated chemicals could be 491 released from treated medical garments w ith water alone (Ref. 34). LCPFAC chemical 492 substances may be similarly released from related articles. EPA believes that once 493 manufacturing of LCPFAC chemi cal substances have been phased out, there will be 494 fewer articles containing the chemicals subs tances in the public domain over time and 495 thus, exposure through articles will decrease over time. EPA believes any new use of 496 LCPFAC chemical substances as part of articles would increase the duration and 497 magnitude of human and environmental expo sure to the substances. Based on these 498 considerations, EPA has preliminarily de termined that importing LCPFAC chemical 499 substances listed in Table 1 of Unit I. and PFOA or its salts as part of articles both 500 constitutes a significant new use and warrants making inapplicable the article exemption 501 at 40 CFR 721.45(f) inapplicable to importers of articles . However, import of 502 fluoropolymer dispersions and emulsions, a nd fluoropolymers as part of articles, 503 containing PFOA or its salts was not determined to be a significant new use because this 504 use is currently ongoing and EPA is not making inapplicable any of the standard 505 exemptions at 40 CFR 721.45 for PFOA

. 506 In a previous rule EPA designated all uses of the PFAS chemicals identified in 40 507*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 23 of 50 CFR 721.9582 as significant new uses, except Except for the ongoing uses specified in 40 508 CFR 721.9582 (a)(3) through (a)(5), the Agency believes th e manufacture (including 509 import) and processing of any of the PFAS chemical substances subjec t to this rule has 510 been discontinued , including the importing of these chemical substances as part of 511 carpets.

. Currently, exposure to PFAS chemical substances occur from ongoing uses 512 characterized as low volume, low exposur e uses or, for the general public, through 513 existing articles containing PFAS chemicals that entered into the market prior to phasing 514 out the chemical substances. If import of these chemicals as part of carpets were to 515 begin, it would change the t ype and form of exposure. Because these chemicals are 516 persistent and bioaccumulative, any new use, including import as part of carpets, of 517 PFAS chemical substances would increase th e magnitude and duration of exposure to 518 humans and the environment relative to what currently exists. Based on these 519 considerations of the statutory factors discu ssed in this Unit, EPA has also preliminarily 520 determined that importing PFAS chemical s ubstances listed at 40 CFR 721.9582 as part 521 of carpets constitutes as significant new use and warrants making inapplicable the 522 exemption at 40 CFR 721.45(f). Based on EPA’ s Office of Research and Development’s 523 research and the considerations in the pr eceding paragraphs (see, e.g., Ref. 30), EPA 524 believes that if the import of carpets cont aining these chemical substances were to 525 resume, people and the environment could be exposed to these chemical substances in 526 articles. The existing regulation at 40 CF R 721.9582 broadly define d the significant use 527 in a way that encompassed import of these chemical substances as part of carpets, but for 528 clarity EPA is proposing to expressly list impor t as part of carpets as a significant new 529 use for the chemicals covered by 40 CFR 721.9582, and in light of the referenced 530 considerations, EPA is now proposing to make inapplicable the exemption at 40 CFR 531*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 24 of 50 721.45 to importers of these chemical substances as part of articles. 532 As noted in Unit V., EPA is proposing that the exemption at 40 CFR 721.45(f) 533 remain in effect for persons who process chemi cal substances as part of articles because 534 existing stocks of articles may still contain LCPFAC or PFAS chemical substances. 535 Table 3 of this unit is a summary of the dates relevant to EPA’s preliminary 536 determinations. 537 538 Table 3.--Significant New Uses for LC PFAC Chemical Substa nces, PFOA and Its 539 Salts, Other LCPFAC Chemical Substa nces, and PFAS Chemical Substances 540 541 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) LCPFAC = Long-chain perfluoroa lkyl carboxylate. PFAS = Pe rfluoroalkyl sulfonate. 542 PFOA = Perfluorooctanoic acid. 543 544 V. Importers and Processors of These Chem ical Substances as Part of Articles 545 Once the determination of a significant new use under TSCA section 5(a)(2) has 546 been made, EPA may separately determine wh ether it would be appropriate to make the 547 regulatory exemption for some or all persons who import or process a chemical substance 548 as part of an article ( 40 CFR 721.45(f)) inapplicable to a SNUR. In this case, EPA 549 believes that the assumption underpinning this exemption, that people and the 550 environment will generally not be exposed to chemical substances as part of articles, does 551 not hold true. See Unit IV. for a discussion of why EPA believes this assumption is 552 incorrect. Thus EPA is proposing to make this exemption inapplicable to importers of the 553 PFAS chemicals identified in section 721.9582 as part of carpets and importers of the 554 chemical substances listed in Table 1 and Table 2 of this preamble as part of an article for 555 the corresponding significant new uses. EPA is requesting comment on the potential for 556*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 25 of 50 exposure to these chemical s ubstances via these articles and for comments on the ongoing 557 uses of the TDI and related compounds as part of an article. EPA is not proposing to 558 make this exemption inapplicable to processors of these chemical substances as part of an 559 article. EPA previously determined in a prior rulemaking and is not reopening its 560 determination to make this exemption inappl icable to importers of the LCPFAC chemical 561 substances identified in section 721. 10536(b)(1) as part of carpets. 562 VI. Applicability of General Provisions 563 General provisions for SNURs appear under 40 CFR part 721, subpart A. These 564 provisions describe persons subject to the ru le, recordkeeping requirements, exemptions 565 to reporting requirements, and applicability of the rule to uses occurring before the 566 effective date of the final rule. However, EPA is proposing that the exemption at 40 CFR 567 721.45(f) not apply to persons who import LCPF AC chemicals substances listed in Table 568 1 of Unit I., PFOA or its salts (See Table 2 of Unit I. for examples of PFOA salts), and 569 PFAS chemicals substances listed in 40 CFR 721.9582. As a result, persons subject to the 570 provisions of this proposed rule would not be exempt from significant new use reporting 571 if they import those LCPFAC chemical substanc es or PFOA or its salt s as part of articles 572 or if they import PFAS chemical substances as part of carpets. However, EPA is also 573 proposing that the exemption at 40 CFR 721.45 (f) remain in effect for persons who 574 process chemical substances as part of an article because existing stocks of articles may 575 still contain LCPFAC or PFAS chemical subs tances. Provisions relating to user fees 576 appear at 40 CFR part 700. According to 40 CFR 721.1(c), persons subject to SNURs 577 must comply with the same notice require ments and EPA regulatory procedures as 578 submitters of PMNs under TSCA section 5(a )(1)(A). In particular, these requirements 579 include the information submissions requirement s of TSCA section 5( b) and 5(d)(1), the 580*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 26 of 50 exemptions authorized by TSCA section 5( h)(1), (h)(2), (h)(3), and (h)(5), and the 581 regulations at 40 CFR part 720. Once EPA r eceives a SNUN, EPA may take regulatory 582 action under TSCA section 5(e), 5(f), 6, or 7 to control the activities on which it has 583 received the SNUN. If EPA does not take action, EPA is required under TSCA section 584 5(g) to explain in the Federal Registerits reasons for not taking action. 585 Persons who export or intend to export a chemical substance identified in the 586 proposed or final SNUR are s ubject to the export notificati on provisions of TSCA section 587 12(b). The regulations that interpret TSCAsection 12(b) appear at 40 CFR part 707, 588 subpart D. In accordance with 40 CFR 707.60(b), this proposed SNUR does not trigger 589 notice of export for articles. Pe rsons who import a chemical s ubstance identified in a final 590 SNUR are subject to the TSCA section 13 import certification require ments, codified at 591 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Such persons must certify that 592 the shipment of the chemical substance complies with all applicable rules and orders 593 under TSCA, including any SNUR requirements. The TSCA section 13 import 594 certification requirement applies to articles co ntaining a chemical substance or mixture if 595 so required by the Administrator by a specific rule under TSCA. At this time EPA is not 596 proposing to require import certif ication for these chemical subs tances as part of articles. 597 The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. 598 VI I . Applicability of Rule to Uses Occurring Before Effective Date of the Final Rule 599 As discussed in the Federal Registerof April 24, 1990 (55 FR 17376), EPA has 600 decided that the intent of TS CA section 5(a)(1)(B)is best se rved by designating a use as a 601 significant new use as of the date of publication of the proposed rule ra ther than as of the 602 effective date of the final rule. If uses be gun after publication of th e proposed rule were 603 considered ongoing rather than new, it w ould be difficult for EPA to establish SNUR 604*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 27 of 50 notice requirements, because a person could defeat the SNUR by initiating the proposed 605 significant new use before the document became final, and then argue that the use was 606 ongoing as of the effective date of the fina l rule. Thus, persons who begin commercial 607 manufacture or processing of the chemical substance(s) that woul d be regulated through 608 this proposed rule , if finalized , would have to cease any suchactivity before the effective 609 date of the rule if and when finalized. To resume their activitie s, these persons would 610 have to comply with all applicable SNURnotice requirements and wait until the notice 611 review period, including all extensions, expires. Uses arising after the publication of the 612 proposed rule are distinguished from uses that exist at publication of the proposed rule. 613 The former would be new uses, the latter ongoing uses, except that uses that are ongoing 614 as of the publication of the proposed rule w ould not be considered ongoing uses if they 615 have ceased by the date of issuance of a final rule (as EPA expects for the LCPFAC 616 chemical substances listed in Table 1 of Unit I. and PFOA or its salts). To the extent that 617 additional ongoing uses are found in the cour se of rulemaking, EPA would exclude those 618 specific chemical substances for those specific uses from the final SNUR. EPA has 619 promulgated provisions to allow persons to comply with the final SNUR before the 620 effective date. If a person were to meet the conditions of advance compliance under 40 621 CFR 721.45(h), that person would be considered to have met the requirements of the final 622 SNUR for those activities. 623 VII I . Test Data and Other Information 624 EPA recognizes that TSCA section 5 doe s not usually require developing any 625 particular test data before submission of a SNUN. There are two exceptions: 626 • Development of test data is required where the chemical substance subject to the 627 SNUR is also subject to a test rule under TSCAsection 4 (see TSCA section 5(b)(1)). 628*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 28 of 50 • Development of test data may be nece ssary where the chemical substance has been 629 listed under TSCA section 5(b)(4) (see TSCA section 5(b)(2)). 630 In the absence of a TSCA section 4 test rule or a TSCA section 5( b)(4) listing covering 631 the chemical substance, persons are required on ly to submit test data in their possession 632 or control and to describe any other data known to or reasonably ascertainable by them 633 (15 U.S.C. 2604(d); 40 CFR 721.25; and 40 CFR 720.50). However, as a general matter, 634 EPA recommends that SNUN submitters in clude data that would permit a reasoned 635 evaluation of risks posed by the chemical s ubstance during its manu facture, processing, 636 use, distribution in commerce, or disposal. EPA encourages persons to consult with the 637 Agency before submitting a SNUN. As part of this optional pre- notice consultation, EPA 638 would discuss specific data it believes may be useful in evaluating a significant new use. 639 SNUNs submitted for significant new uses without any test data may increase the 640 likelihood that EPA will take action under TSCA section 5(e) to prohibit or limit 641 activities associated with this chemical. 642 SNUN submitters should be aware thatEPA will be better able to evaluate 643 SNUNs that provide deta iled information on: 644 1. Human exposure and environmenta l releases that may result from the 645 significant new uses of the chemical substance. 646 2. Potential benefits of the chemical substance. 647 3. Information on risks posed by the ch emical substances compared to risks 648 posed by potential substitutes. 649 VIIIIX . SNUN Submissions 650 EPA recommends that submitters consult with the Agency prior to submitting a 651 SNUN to discuss what data may be usef ul in evaluating a significant new use. 652*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 29 of 50 Discussions with the Agency prior to submission can afford ample time to conduct any 653 tests that might be helpful in evaluating ri sks posed by the substance. According to 40 654 CFR 721.1(c), persons submitting a SNUN must comply with the same notice 655 requirements and EPA regulatory procedures as persons submitting a PMN, including 656 submission of test data on health and envi ronmental effects as described in 40 CFR 657 720.50. SNUNs must be submitted on EPA Form No. 7710-25, generated using e-PMN 658 software, and submitted to the Agency in accord ance with the procedures set forth in 40 659 CFR 721.25 and 40 CFR 720.40. e-PMN software is available electronically at 660 http://www.epa.gov/opptintr/newchems

. 661 I X. Economic Analysis 662 A. SNUNs 663 EPA has evaluated the potential co sts of establishing SNUR reporting 664 requirements for potential manufacturers and processors of the chemical substance 665 included in this proposed rule (Ref. 35). Inthe event that a SNUN is submitted, costs are 666 estimated at approximately $8,589 per SNUN submission for large business submitters 667 and $6,189 for small business submitters. These es timates include the cost to prepare and 668 submit the SNUN, and the payment of a user fee. Businesses that submit a SNUN would 669 be subject to either a $2,500 user fee require d by 40 CFR 700.45(b)(2)(iii), or, if they are 670 a small business with annual sales of less than $40 million when combined with those of 671 the parent company (if any), a reduced us er fee of $100 (40 CFR 700.45(b)(1)). The costs 672 of submission of SNUNs will not be incurred by any company unless a company decides 673 to pursue a significant new use as defined in this proposed SNUR. 674 The proposed SNUR would require notific ation to EPA before the importation of 675 articles containing LCPFAC chemical substanc es listed in Table 1 of Unit I., or PFOA 676*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 30 of 50 and its salts. While not required by the pr oposed SNUR, companies importing articles 677 containing these chemical substances may take additional steps to determine whether 678 these chemical substances are part of the articles they are considering to import. 679 Companies typically have an understanding of th e contents of the articles they import or 680 process; however, there may be instances wh en companies decide to gather additional 681 information about these articles from suppliers if not currently available. EPA believes 682 that the costs associated with such information gathering activities would be minimal for 683 this proposed SNUR because these chemical s ubstances are unlikely to be available for 684 use in articles after December 31, 2015. EPA’s complete economic analysis is available 685 in the public docket for this proposed rule (Ref. 35). 686 B. Export Notification 687 Under TSCA section 12(b) and the imple menting regulations at 40 CFR part 707, 688 subpart D, exporters must notify EPA if th ey export or intend to export a chemical 689 substance or mixture for which, among othe r things, a rule has been proposed or 690 promulgated under TSCA section 5. For persons exporting a chemical substance that is 691 the subject of a SNUR, a one-time notice must be provided for the first export or intended 692 export to a particular country. The tota l costs of export notif ication will vary by 693 chemical, depending on the number of requi red notifications (i.e., the number of 694 countries to which the chemical substance is exported). While EPA is unable to make 695 any estimate of the likely number of expor t notifications for th e chemical substance 696 covered in this proposed rule SNUR, , as stated in the accompanying EA of this proposed 697 SNUR, the estimated cost of the export notification requirement on a per unit basis is 698 $81.04

. 699
C. Import Chemical Substances as Part of an Article 700*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 31 of 50 In proposing to make inapplicable the exemption relating to persons that import 701 certain chemical substances as part of an artic le, this action may affect firms that plan to 702 import types of articles that may contain th e subject chemical substance. Some firms 703 have an understanding of the contents of the articles they import. However, EPA 704 acknowledges that importers of articles may have varying levels of knowledge about the 705 chemical content of the articles that they import. These parties may need to become 706 familiar with the requirements of the proposed rule. And, while not required by the 707 SNUR, these parties may take additional steps to determine whether the subject 708 chemical substances are part of the articles that they are considering to import. This 709 determination may involve activ ities such as gathering info rmation from suppliers along 710 the supply chain, and/or testi ng samples of the article its elf. Costs vary across the 711 activities chosen and the extent of familiarity a firm has regarding the articles it imports. 712 Cost ranges are presented in the Agency’s Economic Analysis for this proposed rule 713 (Ref. 35). Based on available information, EP A believes that article importers that 714 choose to investigate their pr oducts would incur costs at th e lower end of the ranges 715 presented in the Economic Analysis. For thos e companies choosing to undertake actions 716 to assess the composition of the articles they import, EPA expects thatin all likelihood, 717 these importers would take actions that are commensurate with the level of risk (of a 718 chemical substance to be a part of an article) that each company perceives, and the 719 resources it has available importers would take actions that are commensurate with the 720 company’s perceived likelihood that a chemical substance might be a part of an article, 721 and the resources it has available. Example activities and their costs are provided in the 722 accompanying Economic Analysis of this proposed rule (Ref. 32)

. 723 X I . Alternatives 724*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 32 of 50 Before proposing this SNUR, EPA consider ed the following alternative regulatory 725 actions: 726 A. Promulgate a TSCA Section 8(a) Reporting Rule 727 Under a TSCA section 8(a) rule, EP A could, among other things, generally 728 require persons to report information to the Agency when they intend to manufacture or 729 process a listed chemical for a specific use or any use. However, for LCPFAC and PFAS 730 chemical substances, the use of TSCA secti on 8(a) rather than SNUR authority would 731 have several limitations. First, if EPA were to require reporting under TSCA section 8(a) 732 instead of TSCA section 5(a), EPA would nothave the opportunity to review human and 733 environmental hazards and exposures associat ed with the proposed significant new use 734 and, if necessary, take immediate follow-up regu latory action under TSCAsection 5(e) or 735 5(f) to prohibit or limit the activity before it begins. In addition, EPA may not receive 736 important information from small businesses, because such firms generally are exempt 737 from TSCA section 8(a) reporting requirements. In view of the level of health and 738 environmental concerns about LCPFAC and PFAS chemical substances if used for the 739 proposed significant new use, EPA believes th at a TSCA section 8(a) rule for this 740 chemical substance would not meet EPA’s regulatory objectives. 741 B. Regulate LCPFAC Chemical Substances Under TSCA Section 6 742 EPA may regulate under TSCA section 6 if “the Administrator finds that there is a 743 reasonable basis to conclude th at the manufacture, processi ng, distribution in commerce, 744 use or disposal of a chemical substance or mixture . . . presents or will present an 745 unreasonable risk of injury to health or the environment.” (TSCA section 6(a)). Given 746 that these chemical substances are believed to be phasing out, EPA c oncluded that risk 747 management action under TSCA section 6 is not necessary at this time. However, if EPA 748*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 33 of 50 determines that there are persons who intend to manufacture or process these chemicals, 749 EPA may decide to regulate LCPFAC chemical substances under TSCA section 6. This 750 proposed SNUR would allow the Agency to ad dress the potential risks associated with 751 the proposed significant new use. 752 XI I . Request for Comment 753 A. Do You Have Comments or Information About Ongoing Uses? 754 EPA welcomes comments on any asp ect of this proposed SNUR. EPA 755 particularly requests comment on whether any of the current uses of any of the specific 756 LCPFAC chemical substances identified in Table 1 of Unit I. will continue to be ongoing 757 after December 31, 2015, or whether there are any ongoing uses of those identified in 758 Table 2 of Unit I. EPA also requests co mment on whether there are currently any 759 ongoing uses, including use as part of articles, of any of the remaining LCPFAC chemical 760 substances that were not identified in the 2012 CDR. EPA would welcome specific 761 documentation of any such ongoing use. 762 B. What Should I Consider as I Prepare My Comments for EPA? 763 1. Submitting CBI . It is EPA's policy to include all comments received in the 764 public docket without change or further no tice to the commenter and to make the 765 comments available online at http://www.regulations.gov , including any personal 766 information provided, unless a comment includes information claimed to be CBI or other 767 information whose disclosure is restricted by statute. Do not submit this information to 768 EPA through regulations.gov or email. Clearly mark the part or all of the information 769 that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to 770 EPA, mark the outside of the disk or CD-R OM as CBI and then identify electronically 771 within the disk or CD-ROM the specific inform ation that is claimed as CBI. In addition 772*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 34 of 50 to one complete version of the comment thatincludes information claimed as CBI, a copy 773 of the comment that does not contain the in formation claimed as CBI must be submitted 774 for inclusion in the public docket. Informati on so marked will not be disclosed except in 775 accordance with procedures set forth in 40 CFR part 2, subpart B. 776 2. Tips for preparing your comments . When submitting comments, remember to: 777 i. Identify the document by docket ID nu mber and other identifying information 778 (subject heading, Federal Registerdate and page number). 779 ii. Follow directions. The Agency may ask you to respond to specific questions or 780 organize comments by referencing a Code of Federal Regulations (C FR) part or section 781 number. 782 iii. Explain why you agree or disagree; suggest alternatives and substitute 783 language for your requested changes. 784 iv. Describe any assumptions and provid e any technical information and/or data 785 that you used. 786 v. If you estimate potential costs or bu rdens, explain how you arrived at your 787 estimate in sufficient detail to allow for it to be reproduced. 788 vi. Provide specific examples to illustrate your concerns and suggest alternatives. 789 vii. Explain your views as clearly as possible, avoidi ng the use of profanity or 790 personal threats. 791 viii. Make sure to submit your comments by the comment period deadline 792 identified. 793 XII I . References 794 The following is a listing of the documents that are specifically referenced in this 795 document. The docket includes these documen ts and other information considered by 796*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 35 of 50 EPA, including documents that are referencedwithin the documents that are in the 797 docket, even if the referenced document is not physically located in the docket. For 798 assistance in locating these other documents, please consult the technical person listed 799 under FOR FURTHER INFORMATION CONTACT

. 800 1. EPA. Long-Chain Perfluorinated Ch emicals Action Plan. December 30, 2009. 801 2. EPA. 2010/2015 PFOA Stewardship Program. 2006. 802 http://www.epa.gov/oppt/pfoa/pubs/stewardship/index.html. 803 3. Rizzuto, Pat. DuPont Ceases PFOA Manufacture, Is on Track to Stop All Uses By 804 End of 2014. Bloomberg BNA Daily Environmental Report . December 5, 2013. 805 4. 3M Company. Perfluorooctane Su lfonate: Current Summary of Human Sera, 806 Health and Toxicology Data. St. Paul, Minnesota. January 21, 1999. 807 5. Washington, J.W., et al. Degradability of an Acrylate-Linked Fluorotelomer 808 Polymer in Soil. Environmental Science and Technology . 43: 6617-6623. 2009. 809 6. EPA. PFOA Stewardship Program Baseline Year Summary Report. 2007. 810 http://epa.gov/oppt/pfoa/pubs/ste wardship/sumrpt.html#background

. 811 7. EPA. Industry Progressing in Voluntary Effort to Reduce Toxic Chemicals. 812 February 10, 2012. 813 8. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule. Final Rule. 814 Federal Register (67 FR 72854, December 9, 2002) (FRL-7279-1). 815 9. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule. Final Rule. 816 Federal Register (72 FR 57222, October 9, 2007) (FRL-8150-4). 817 10. EPA. Perfluoroalkyl Sulfonates and Long-Chain Perfluoroalkyl Carboxylate 818 Chemical Substances; Proposed Significant New Use Rule; Proposed Rule. Federal 819 Register(77 FR 48924, August 15, 2012) (FRL-9358-7). 820*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 36 of 50 11. Butt, C.M., et al. Levels and Trends of Poly- and Perfluorinated Compounds in 821 the Arctic Environment. Science Total Environment . 408: 2936-2965. 2010. 822 12. Houde M., et al. Biological Monitoring of Polyfluoroalkyl Substances: A Review. 823 Environmental Science and Technology . 40: 3463-3473. 2006. 824 13. Calafat A.M., et al. Polyfluoroalkyl Chemicals in the U.S. Population: Data From 825 the National Health and Nutrition Ex amination Survey (NHANES) 2003-2004 and 826 Comparisons with NHANES 1999-2000. Environmental Health Perspective . 115(11), 827 1596-1602. 2007. 828 14. Lau C., et al. Effects of Perfluorocta noic Acid Exposure During Pregnancy in the 829 Mouse. Toxicology Science . 90(2): 510-518. 2006. 830 15. Lau C., et al. Perfluoroalkyl Acids: A Review of Monitoring and Toxicological 831 Findings. Toxicological Sciences. 99(2): 366-394. 2007. 832 16. Ahrens L., et al. Polyfluoroalkyl Compounds in the Aquatic Environment: A 833 Review of Their O ccurrence and Fate. Journal of Environmental Monitoring . 13: 20-31. 834 2011. 835 17. Sturm R., et al. Trends of Polyfluoroa lkyl Compounds in Marine Biota and in 836 Humans. Environmental Chemistry. 7: 457-484. 2010. 837 18. Lau, C. Perfluorinated Compounds. Molecular, Clinical and Environmental 838 Toxicology Experientia Supplementum . Volume 101, pp. 47-86. 2012. 839 19. Yoo, H., et al. Concentrations, Distri bution and Persistenc e of Fluorotelomer 840 Alcohols in Sludge-applied Soils Near Decatur, Alabama, USA. Environmental Science 841 & Technology . 44: 8397-8402. 2010. 842 20. Washington, J.W., et al. Concentrati ons, Distribution and Persistence of 843 Perfluoroalkylates in Sludge-applied Soils Near Decatur, Alabama, USA. Environmental 844*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 37 of 50 Science and Technology. 44: 8390-8396. 2010. 845 21. Kudo, N., et.al. Comparison of the Elimination Between Perfluorinated Fatty 846 Acids with Different Carbon Chain Lengths in Rats. Chemico-Biological Interactions

. 847 Volume 134(2), pp. 203-216. 2001. 848 22. Goecke-Flora, C.M., et al. Influen ce of Carbon Chain Length on the Hepatic 849 Effects of Perfluorinated Fatty Acids, A\19\ F- and \31\P-NMR Investigation. Chemical 850 Research in Toxicology. 9(4), pp. 689-695. 1996. 851 23. Lasier, P.J., et al. Perfluorinated Ch emicals in Surface Waters and Sediments 852 from Northwest Georgia, USA, and Their Bi oaccumulation in Lumbriculus Variegates. 853 Environmental Toxicology andChemistry . 30: 2194-2201. 2011. 854 24. 3M Company. Fluorochemical Use, Distri bution, and Release Overview. St. Paul, 855 Minnesota. May 26, 1999. 856 25. Lua, C. Perfluorinated Compounds. Molecular, Clinical and Environmental 857 Toxicology Experientia Supplementum . Volume 101, pp. 47-86. 2012. 858 26. EPA. Perfluoroalkyl Su lfonates; Proposed Significant New Use Rule; Proposed 859 Rule. Federal Register(67 FR 11014, March 11, 2002) (FRL-6823-7). 860 27. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule; Final Rule. Federal 861 Register(67 FR 11008, March 11, 2002) (FRL-6823-6). 862 28. 3M Company. The Science of Organic Fluorochemistry. St. Paul, Minnesota. 863 February 5, 1999. 864 29. Centers for Disease Control and Prev ention. Fourth National Report on Human 865 Exposure to Environmental Chemical s. Updated Tables. March 2013. 866 30. EPA. Perfluoroalkyl Su lfonates; Significant New Use Rule; Proposed Rule. 867 Federal Register(65 FR 62319, October 18, 2000) (FRL-6745-5). 868*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 38 of 50 31. EPA. Perfluoroalkyl Su lfonates; Proposed Significant New Use Rule; Proposed 869 Rule. Federal Register(71 FR 12311, March 10, 2006) (FRL-7740-6). 870 32. Kato, K. et al. Trends in Exposure to Polyfluoroalkyl Chemicals in the U.S. 871 Population: 1999-2008. Environmental Science and Technology. 45: 8037-8045. 2011. 872 33. Hubbard, H. et al. Removal of Perfluor ocarboxylic Acids (PFCAs) from Carpets 873 Treated with Stain-Protecti on Products by Using Carpet Cl eaning Machines. EPA, Report 874 EPA/600-12/703. 2012. 875 34. Liu, X. et al. Trends of Perfluoroalkyl Acid Content in Articles of Commerce. 876 EPA, Report EPA/600/R-12/585. 2012. 877 35. EPA. Economic Analysis of the Si gnificant New use Rule for Long-Chain 878 Perfluoroalkyl Carboxylate Chemical Substances. August 20, 2013. 879 36. EPA. Modification of Significant New Us e Rules for Certain Substances; Final 880 Rule. Federal Register(62 FR 42690, August 8, 1997) (FRL-5735-4). 881 XI VII . Statutory and Executive Order Reviews 882 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 883 Improving Regulation and Regulatory Review 884 885 This proposed SNUR has been designated by the Office of Management and 886 Budget (OMB) as a “significant regulatory action” under section 3(f) of Executive Order 887 12866 (58 FR 51735, October 4, 1993). Accordingly, EPA submitted this proposed 888 action to OMB for review under Executiv e Order 12866 and 13563 (76 FR 3821, January 889 21, 2011), and any changes made in response to OMB recommendations are documented 890 in the docket. 891 B. Paperwork Reduction Act (PRA) 892*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 39 of 50 This action would not impose any new in formation collection burden under PRA, 893 44 U.S.C. 3501 et seq . Burden is defined in 5 CFR 1320.3(b). The information collection 894 activities associated with existing chemi cal SNURs are already approved by OMB under 895 OMB control number 2070-0038 (EPA ICR No. 1188); and the information collection 896 activities associated with export notifications are alre ady approved by OMB under OMB 897 control number 2070-0030 (EPA ICR No. 0795). If an entity were to submit a SNUN to 898 the Agency, the annual burden is estimated to be less than 100 hours per response, and 899 the estimated burden for an export notifications is less than 1.5 hour s per notification. In 900 both cases, burden is estimated to be reduced for submitters who have already registered 901 to use the electronic submission system. Add itional burden, estimated to be less than 10 902 hours, could be incurred where additional recordkeeping requirements are specified 903 under 40 CFR 721.125(a), (b), and (c). 904 An Agency may not conduct or sponsor, and a person is not required to respond to 905 a collection of information that requires OMB approval under PRA, unless it has been 906 approved by OMB and displays a curren tly valid OMB control number. The OMB 907 control numbers for EPA’s regulations in titl e 40 of the CFR, after appearing in the 908 Federal Register , are listed in 40 CFR part 9, a nd included on the related collection 909 instrument, or form, if applicable. 910 C. Regulatory Flexibility Act (RFA) 911 Pursuant to RFA section 605(b), 5 U.S.C. 601 et seq ., I hereby certify that 912 promulgation of this proposed SNUR would not have a significant economic impact on a 913 substantial number of small entities. The rationale supporti ng this conclusion is as 914 follows. 915 EPA generally finds that pr oposed and final SNURs are not expected to have a 916*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 40 of 50 significant economic impact on a substantial nu mber of small entities (See, e.g., Ref. 36). 917 Since these proposed SNURs would require a person who intends to engage in such 918 activity in the future to first notify EPA by submitting a SNUN, no economic impact 919 would occur unless someone files a SNUN to pursu e a significant new us e in the future or 920 forgoes profits by avoiding or delaying the significant new use. Although some small 921 entities may decide to engage in such ac tivities in the future, EPA cannot presently 922 determine how many, if any, there may be. Howeve r, EPA’s experience to date is that, in 923 response to the promulgation of SNURs c overing over 1,000 chemical substances, the 924 Agency receives only a handful of notices per year. During the six year period from 925 2005-2011, only three submitters self-identified as small in their SNUN submission (Ref. 926 35). EPA believes the cost of submitting a SNUN is relatively small compared to the cost 927 of developing and marketing a chemical new to a firm and that the requirement to submit 928 a SNUN generally does not have a significant economic impact. 929 A SNUR applies to any pers on (including small or large entities) who intends to 930 engage in any activity de scribed in the rule as a “significant new use.” EPA has 931 preliminarily determined, based in part, on the Agency’s market research, that these 932 chemical substances are not being manufactur ed (including imported) or processed for a 933 significant new use. This preliminary determination also includes importation of these 934 chemical substances as part of articles for the significant new use (Unit IV.). By 935 definition of the word “new” and based on all information currently available to EPA, it 936 appears that no small or large entities presen tly engage in such activities. Since this 937 proposed SNUR would require a person who inte nds to engage in such activity in the 938 future to first notify EPA by submitting a S NUN, no economic impact will occur unless 939 someone files a SNUN to pursue a significant ne w use in the future or forgoes profits by 940*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 41 of 50 avoiding or delaying th e significant new use. Although some small entities may decide to 941 conduct such activities in the future, EPA cannot presently determine how many, if any, 942 there may be. However, EPA’s experience to date is that, in respons e to the promulgation 943 of SNURs covering over 1,000 chemical substan ces, the Agency receives only a handful 944 of SNUNs per year. During the 6 year period from 2005-2011, only 3 submitters self945 identified as small in their SNUN submi ssion (Ref. 35). EPA believes the cost of 946 submitting a SNUN is relatively small compared to the cost of developing and marketing 947 a chemical new to a firm and that the requi rement to submit a SNUN generally does not 948 have a significant economic impact. 949 In addition, given existing regulatory limitations both internationally and within 950 the U.S., industry-wide processes, resources that support companie s in understanding and 951 managing their supply chains, and the eviden ce showing minimal wo rldwide availability 952 of the LCPFACs regulated unde r the SNUR, EPA believes thatthere will be minimal 953 impact to importers of these chemical substances as part of articles from this proposed 954 SNUR. Therefore, based on current knowledge, EP A has preliminarily determined that 955 these uses, including the importation of these chem ical substances as part of articles, are 956 not ongoing, and that no small en tities presently manufacture orimport for the significant 957 new uses addressed in this proposed rule. EPA will consider information received during 958 the comment period that might indicate that this preliminary determination is incorrect. 959 The SNUR does not require importers of articles that contain the listed chemicals to 960 conduct specific activities to ascertain if they are importing or processing an article that 961 uses a chemical subject to the proposedrule. EPA expects importers would take actions 962 that are commensurate with their perceived li kelihood of a chemical substance subject to 963 the SNUR being part of an article, and the resources it has available. EPA has no reason 964*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 42 of 50 to believe that a firm would voluntarily incur substantial costs to comply with the SNUR, 965 but rather each firm will choose the most e fficient route to identify whether it is 966 importing the subject chemical substances in articles. 967 Therefore, EPA believes that the potentia l economic impact of complying with 968 this proposed SNUR is not expected to be si gnificant or adversely impact a substantial 969 number of small entities. In a SNUR that published as a final rule in the August 8, 1997 970 Federal Register(Ref. 36), the Agency presented its general determination that proposed 971 and final SNURs are not expect ed to have a significant ec onomic impact on a substantial 972 number of small entities, which was provide d to the Chief Counsel for Advocacy of the 973 Small Business Administration. 974 D. Unfunded Mandates Reform Act (UMRA) 975 Based on EPA’s experience with proposi ng and finalizing SNURs, State, local, 976 and Tribal governments have not been imp acted by these rulemakings, and EPA does not 977 have any reason to believe that any State, lo cal, or Tribal government would be impacted 978 by this proposed rulemaking. As such, th e requirements of UMRA sections 202, 203, 979 204, or 205, 2 U.S.C. 1531-1538, do not apply to this proposed action. 980 E. Executive Order 13132: Federalism 981 This action would not have a substantial di rect effect on States, on the relationship 982 between the national government and the Stat es, or on the distribution of power and 983 responsibilities among the various levels of government, as specified in Executive Order 984 13132 (64 FR 43255, August 10, 1999). 985 F. Executive Order 13175: Consultation and Coordination with Indian Tribal 986 Governments 987 988*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 43 of 50 This proposed rule does not have Tribal im plications because it is not expected to 989 have any effect (i.e., there would be no increa se or decrease in authority or jurisdiction) 990 on Tribal governments, on the relationship between the Federal Government and the 991 Indian Tribes, or on the distribution of power and responsib ilities between the Federal 992 Government and Indian Tribes. Thus, Executive Order 13175 (65 FR 67249, November 993 9, 2000) does not apply to this proposed rule. 994 G. Executive Order 13045: Protection of Childre n from Environmental Health Risks and 995 Safety Risks 996 997 This proposed action is not subject to Executive Order 13045 (62 FR 19885, April 998 23, 1997), because this proposed action is not intended to address environmental health 999 or safety risks for children. 1000 H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, 1001 or Use 1002 1003 This proposed rule is not subject to Executive Order 13211 (66 FR 28355, May 1004 22, 2001), because this action is not expected to affect energy supply, distribution, or use. 1005 I. National Technology Transfe r Advancement Act (NTTAA) 1006 Since this proposed action does not involve any technical standards, section 12(d) 1007 of the NTTAA, 15 U.S.C. 272 note, doe s not apply to th is proposed action. 1008 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 1009 Populations and Low-Income Populations 1010 1011 This proposed action does notentail special consider ations of environmental 1012 justice related issues as delineated by Ex ecutive Order 12898 (59 FR 7629, February 16, 1013 1994), because EPA has determined that this proposed action would not have 1014 disproportionately high and a dverse human health or envi ronmental effects on minority 1015 or low-income populations. This proposed action would not aff ect the level of 1016*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 44 of 50 protection provided to human h ealth or the environment. 1017 1018*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 45 of 50 List of Subjects in 40 CFR Part 721 1019 Environmental protection, Chemicals, Hazardous substances, Reporting and 1020 recordkeeping requirements. 1021 1022 1023 Dated: ________________________ 1024 1025 1026

__________________________________________ 1027 1028 1029 Director, Office of Pollution Prevention and Toxics. 1030*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 46 of 50 Therefore, it is proposed that 40 CFR chapter I be amended as follows: 1031 PART 721--[AMENDED] 1032 1. The authority citation for part 721 continues to read as follows: 1033 Authority: 15 U.S.C. 2604, 2607, and 2625(c). 1034 2. In § 721.9582: 1035 a. Redesignate paragraph (a) as (b). 1036 b. Add new paragraph (a). 1037 a. Revise newly designated paragraph ( ab )(2)(iv). 1038 b. Add paragraph ( bc ). 1039 The amendments read as follows: 1040 § 721.9582 Certain perfluoroalkyl sulfonates. 1041 (a) Definitions. The definitions in § 721.3 apply to this section. In addition, the 1042 following definition applies: Carpet means a finished fabric orsimilar product intended 1043 to be used as a floor covering. This definiti on excludes resilient floor coverings such as 1044 linoleum and vinyl tile. 1045 ( ab ) * * * 1046 (2) * * * 1047 (iv) Import as part of carpets. 1048 * * * * * 1049 ( bc ) Specific requirements. The provisions of subpart A of this part apply to this 1050 section except as modified by this paragraph ( bc ). 1051 (1) Revocation of certain notification exemptions. With respect to imports of 1052 carpets, the provisions of § 721.45(f) do not appl y to this section. A person who imports a 1053 chemical substance identified in this secti on as part of a carpet is not exempt from 1054*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 47 of 50 submitting a significant new use notice. Th e other provision of § 721.45(f), respecting 1055 processing a chemical substance as partof an article, remains applicable. 1056 (2) [Reserved] 1057 3. Revise § 721.10536 to read as follows: 1058 § 721.10536 Long-chain perfluoroalkyl carboxylate chemical substances. 1059 (a) Definitions . The definitions in § 721.3 apply to this section. In addition, the 1060 following definition applies: 1061 Carpet means a finished fabric or similar product intended to be used as a floor 1062 covering. This definition exclude s resilient floor coverings such as linoleum and vinyl 1063 tile. 1064 (b) Chemical substances and significant new uses subject to reporting . (1) The 1065 chemical substances identified below, wher e 5 < n < 21 or 6 < m < 21, are subject to 1066 reporting under this section for the significant new uses described in paragraph (b)(4)(i) 1067 and (b)(4)(iv) of this section. 1068 (i) CF 3 (CF 2 ) n -COO M where M = H + or any other group where a formal 1069 dissociation can be made. 1070 (ii) CF 3 (CF 2 ) n -CH=CH 2. 1071 (iii) CF 3 (CF 2 ) n -C(=O)-X where X is any chemical moiety. 1072 (iv) CF 3 (CF 2 ) m -CH 2 -X where X is any chemical moiety. 1073 (v) CF 3 (CF 2 ) m -Y-X where Y = non-S, non-N heteroatom and where X is any 1074 chemical moiety. 1075 (2) The chemical substances listed in Table 1 of this paragraph are subject to 1076 reporting under this section for the significant new uses described in paragraph (b)(4)(ii) 1077 of this section. 1078*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 48 of 50 Table 1.--LCPFAC Chemical Substances Subj ect to Reporting After December 31, 1079 2015 1080 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 (H 4 SiO4), 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*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 49 of 50 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 CBI = Confidential Business Information. CAS or CASRN = Chemical Abstracts 1082 Service Registry Number. 1083 1084 (3) The chemical substances identified as perfluorooctanoic acid (PFOA) and its 1085 salts, including those listed in Table 2 of th is paragraph, are subject to reporting under 1086 this section for the significant new uses descri bed in paragraph (b)(4)(i ii) of this section. 1087 Table 2.--PFOA and Exam ples of Its Salts 1088 CAS Registry Number (CASRN) Chemical Name
335-66-0 Octanoyl fluoride, pentadecafluoro335-67-1 Octanoic acid, pent adecafluoro- (PFOA) 335-93-3 Octanoic acid, pentad ecafluoro-, silver salt 335-95-5 Octanoic acid, pentad ecafluoro-, sodium salt 2395-00-8 Octanoic acid, pentad ecafluoro-, potassium salt 3825-26-1 Octanoic acid, pentadecaf luoro-, ammonium salt (APFO) CAS or CASRN = Chemical Abstracts Service Registry Number. 1089 1090 (4) Significant new uses. 1091 (i) The significant new use for chemical substances identified in paragraph (b)(1) 1092 of this section are: Manufactur e (including import) or processing for use as part of carpets 1093 or to treat carpets (e.g., for use in the carpet aftercare market). 1094 (ii) The significant new use for chemical substances id entified in paragraph (b)(2) 1095 of this section are: Manuf acture (including import ) or processing for any use after 1096 December 31, 2015. 1097 (iii) The significant new use for chemical substances identified in paragraph 1098 (b)(3) of this section are: Manufacture (including import) or processing for any use. 1099 Import of fluoropolymer dispersions and em ulsions, and fluoropolymers as part of 1100*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 50 of 50 articles, containing chemical substances identif ied in paragraph (b)(3) of this section shall 1101 not be considered as a significan t new use subject to reporting. 1102 (iv) The significant new use for chemical substances identifie d in paragraph (b)(1) 1103 of this section, except for those chemicals identi fied in Table 1 of paragraph (b)(2) of this 1104 section are: Manufacture (incl uding import) or processing for any use other than that use 1105 already covered by paragraph (b)(4)(i) of this section. 1106 (c) Specific requirements . The provisions of subpart A of this part apply to this 1107 section except as modifiedby this paragraph (c). 1108 (1) Revocation of certain notification exemptions . With respect to imports of 1109 carpets, the provisions of § 721.45(f) do not apply to this section. With respect to imports 1110 of articles, the provisions of § 721.45(f) al so do not apply to a chemical substance 1111 identified in paragraphs (b)(2) or (b)(3) of this section. A person who imports a chemical 1112 substance identified in paragraph (b)(1) of this section as part of a carpet or who imports 1113 a chemical substance identified in paragraphs (b)( 2) or (b)(3) of this se ction as part of an 1114 article is not exempt from submitting a significant new use notice. The other provision of 1115 § 721.45(f), respecting processing a chemical subs tance as part of an article, remains 1116 applicable. 1117 (2) [Reserved] 1118 1119