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1 EO 12866/13563 Review Draft – As Submitted

2 Rin2070-AJ99_EO12866_LCPFAC-SNUR_NPRM_FRdocument_2014-08-15.docx 

3 

4 BILLING CODE 6560-50-P 

5 ENVIRONMENTAL PROTECTION AGENCY 

6 40 CFR Part 721 

7 [EPA-HQ-OPPT-2013-0225; FRL-9397-5] 

8 RIN 2070-AJ99 

9 Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical 

10 Substances; Significant New Use Rule 

11 AGENCY: Environmental Protection Agency (EPA). 

12 ACTION: Proposed rule. 

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

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

15 (LCPFAC) chemical substances by designating manufacturing (including importing) or 

16 processing of the LCPFAC chemical substances identified in this rule for any use that 

17 will not be ongoing after December 31, 2015 as a significant new use; designating 

18 manufacturing (including importing) or processing of perfluorooctanoic acid (PFOA) or 

19 its salts for any use as a significant new use; and designating manufacturing (including 

20 importing) or processing of all other LCPFAC chemicals substances for which there are 

21 currently no ongoing uses as a significant new use. For this SNUR, EPA is also 

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

23 import the identified LCPFAC chemical substances, PFOA and its salts as part of articles. 

24 In addition, EPA is also proposing to amend a SNUR for perfluoroalkyl sulfonate (PFAS) 

25 chemical substances that would make inapplicable the exemption at 40 CFR 721.45(f) for 
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26 persons who import PFAS chemical substances as part of carpets. Persons subject to 

27 these SNURs would be required to notify EPA at least 90 days before commencing such 

28 manufacture or processing. The required notifications would provide EPA with the 

29 opportunity to evaluate the intended use and, if necessary based on the information 

30 available at that time, an opportunity to protect against potential unreasonable risks, if 

31 any, from that activity before it occurs. 

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

33 publication in the Federal Register]. 

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

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

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

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

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

39 disclosure is restricted by statute. 

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

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

42 Washington, DC 20460-0001. 

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

44 boxed information, please follow the instructions at 

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

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

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

48 FOR FURTHER INFORMATION CONTACT: For technical information contact: 

49 Nicholas Nairn-Birch, Chemical Control Division (7405M), Office of Pollution 
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50 Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., 

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

52 nairn-birch.nicholas@epa.gov.

53 For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South 

54 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: 

55 TSCA-Hotline@epa.gov. 

56 SUPPLEMENTARY INFORMATION: 

57 I. Executive Summary 

58 A. Does this Action Apply to Me? 

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

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

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

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

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

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

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

66 refineries.

67 • Carpet and rug mills (NAICS code 314110). 

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

69 • Home furnishing merchant wholesalers (NAICS code 423220). 

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

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

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

73 chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 
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74 U.S.C. 2612) import certification requirements and the corresponding regulations at 19 

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

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

77 under TSCA, including any SNUR requirements. The EPA policy in support of import 

78 certification appears at 40 CFR part 707, subpart B. In addition, any persons who export 

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

80 after [insert date 30 days after the date of publication in the FR] are subject to the export 

81 notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)), (see 40 CFR 721.20), 

82 and must comply with the export notification requirements in 40 CFR part 707, subpart 

83 D. 

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

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

86 721.9582. If you have any questions regarding the applicability of this action to a 

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

88 INFORMATION CONTACT. 

89 B. What Is the Agency's Authority for Taking this Action? 

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

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

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

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

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

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

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

97 general SNUR provisions are found at 40 CFR Part 721, Subpart A. 
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98 C. What Action Is the Agency Taking? 

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

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

101 LCPFAC chemical substances listed in Table 1 for any use that is no longer ongoing after 

102 December 31, 2015 as a significant new use; designating manufacturing (including 

103 importing) or processing of PFOA or its salts for any use as a significant new use; and 

104 designating manufacturing (including importing) or processing of all other LCPFAC 

105 chemical substances for any use not ongoing as of the date on which this proposed rule is 

106 published as a significant new use. For this SNUR, EPA is also proposing to make the 

107 exemption at 40 CFR 721.45(f) inapplicable for persons who import LCPFAC chemical 

108 substances listed in Table 1 and PFOA or its salts as part of articles because exposure 

109 would increase if in the future LCPFAC chemical substances, including PFOA, are 

110 incorporated in articles and then imported. EPA is also proposing to amend a SNUR at 40 

111 CFR 721.9582 for PFAS chemical substances to make the exemption at 40 CFR 

112 721.45(f) inapplicable for persons who import of PFAS chemical substances as part of 

113 carpets. Today’s action is consistent with the purpose of the Long-Chain Perfluorinated 

114 Chemicals Action Plan published on December 30, 2009 (Ref. 1). EPA is continuing to 

115 assess these chemicals to determine what other actions would be warranted. Before 

116 promulgating a final SNUR with respect to uses of LCPFAC chemical substances listed 

117 in Table 1 that are now ongoing, but are expected to be phased out by December 31, 

118 2015, EPA will verify through comments on this action, or by other means, that the 

119 proposed significant new uses have indeed ceased. Similarly, before promulgating a final 

120 SNUR on LCPFAC chemical substances other than those listed in Table 1, EPA will 

121 determine based on comments on this action and other means what if any uses are 
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122 ongoing in making significant new use determinations in the final rule. Persons would be 

123 required to notify EPA at least 90 days before commencing manufacture or processing of 

124 LCPFAC chemical substances for the designated significant new uses. This proposed 

125 SNUR is intended to follow and codify an existing voluntary industry commitment to 

126 phase out LCPFAC chemical substances by the end of 2015 (Ref. 2). The objectives and 

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

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

129 2015 

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 
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68391-08-2 No Accession 

Number 

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

70969-47-0 No Accession 

Number 

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

acrylamide 

125476-71-3 No Accession 

Number 

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

with chlorotrimethylsilane and 

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

decanol 

1078712-88-5 No Accession 

Number 

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

acrylamide and acrylic acid, sodium salts 

1078715-61-3 No Accession 

Number 

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

lkyl)thio]acetyl] derivs., inner salts 

CBI 71217 Polyfluoroalkyl betaine 

CBI 89419 Modified fluoroalkyl urethane 

CBI 274147 Perfluorinated polyamine 

130 CAS = Chemical Abstracts Service. 

131 

132 In this proposal, 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 less than or equal to 20 carbons. The category 

135 of LCPFAC chemical substances also includes 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 subject to this proposal. PFOA and examples of PFOA 

139 salts with Chemical Abstract Service Registry Numbers and chemical names are shown 

140 in Table 2. PFOA and its salts are considered LCPFAC chemical substances. EPA 

141 believes all uses of PFOA and its salts were phased out by December 31, 2013. 

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

CAS Registry 

Number 

(CASRN) 

Chemical Name 

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

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

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

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

143 CAS = Chemical Abstracts Service. 

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

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

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

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

148 sulfonate chemical substances of any chain length. 

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

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

151 manufacture or process any of the chemicals included in the proposed SNUR for an 

152 ongoing use at the time this proposed rule is published would be free to continue without 

153 submitting a significant new use notice (SNUN). Note, however, that uses not already 

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

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

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

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

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

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

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

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

162 The LCPFAC chemical substances identified in Table 1 are known to have 

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

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

165 comment on whether any of the current uses of any of the specific chemical substances 
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166 identified in Table 1 will continue to be ongoing after December 31, 2015. EPA also 

167 requests comment on whether there are currently any ongoing uses, including use as part 

168 of articles, of any of the remaining LCPFAC chemical substances that were not identified 

169 during the 2012 CDR. Furthermore, EPA requests comment on whether there are any 

170 ongoing uses of PFOA or its salts, and whether PFAS chemical substances are currently 

171 imported as part of carpets. EPA would welcome specific documentation of any such 

172 ongoing use. 

173 D. Why Is the Agency Taking this Action? 

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

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

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

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

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

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

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

181 included in this final rule. This analysis, which is available in the docket, is discussed in Unit 

182 IX., and is briefly summarized here. 

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

184 SNUN submission for large business submitters and $6,300 for small business submitters. 

185 These estimates include the cost to prepare and submit the SNUN and the payment of a user 

186 fee. In addition, for persons exporting a substance that is the subject of a SNUR, a one-time 

187 notice must be provided for the first export or intended export to a particular country, which 

188 is estimated to cost less than $100 on average per notification. The rule may also affect firms 

189 that plan to import articles that contain LCFPAC chemical substances, because, while not 

190 required by the SNUR, these parties may take additional steps to determine whether 
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191 LCPFAC chemical substances are part of the articles that they are considering to import 

192 Since EPA is unable to predict whether anyone might engage in future activities that would 

193 require reporting, potential total costs were not estimated. 

194 II. Chemical Substances Subject to this Proposed Rule

195 A. What LCPFAC Chemical Substances Are Subject to this Proposed SNUR?

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

197 in the environment. The LCPFAC chemical substances are identified as follows, where 

198 5 < n < 21 or 6 < m < 21: 

 a. CF3(CF2)n-COOM where M = H+ 199 or any other group where a formal 

200 dissociation can be made; 

201 b. CF3(CF2)n-CH=CH2; 

202 c. CF3(CF2)n-C(=O)-X where X is any chemical moiety; 

203 d. CF3(CF2)m-CH2-X where X is any chemical moiety; and 

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

205 chemical moiety. 

206 This category definition of LCPFAC chemical substances, based on the chemical 

207 structures above, refers to a group of chemical substances containing PFOA and its 

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

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

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

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

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

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

214 contain at least three monomer units. As it is not EPA’s intent to regulate fluoropolymers 
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215 in this proposed rule, the LCPFAC category in this proposed rule includes a 

216 perfluorinated carbon chain length upper limit of 20. 

217 In this proposal, PFOA and its salts includes the chemical substances listed in 

218 Table 2. PFOA and its salts are considered LCPFAC chemical substances. 

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

220 721.10536 (b)(1)(i) through (b)(1)(v) that is intentionally used during fluoropolymer 

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

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

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

224 dispersion agent in fluoropolymer production – is subject to this SNUR if the final 

225 fluoropolymer product is used for a significant new use described in 40 CFR 721.10536 

226 (b)(4)(i) through (b)(4)(iv). 

227 B. What PFAS Chemical Substances Are Subject to this Proposed SNUR?

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

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

230 existing SNUR are currently listed in 40 CFR 721.9582(a)(1). 

231 C. What Are the Uses and Production Levels of LCPFAC Chemical Substances?

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

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

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

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

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

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

238 salts in the United States, ceased all production (including import) of PFOA and its salts 
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239 in 2013 (Ref. 3). 

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

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

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

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

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

245 consumption of other fluoropolymers. 

246 Fluorotelomers, oligomers of tetrafluoroethylene, are relatively small 

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

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

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

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

251 percent of world-wide fluorotelomer/FTPB production. Textiles and apparel account for 

252 approximately 50 percent of the volume used (Ref. 1). 

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

254 (PFOA Stewardship Program) in partnership with eight companies: DuPont, Solvay 

255 Solexis, Asahi Glass Company, Daikin America, Inc., Clariant International Ltd., 

256 3M/Dyneon, Arkema Inc. and BASF (formerly Ciba Specialty Chemicals Corporation) 

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

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

259 product content of LCPFAC chemical substances on a global basis by 95 percent, no later 

260 than 2010, and to eliminate emissions and product content of these chemicals by 2015. 

261 With the exception of one manufacturer who has not participated in the PFOA 

262 Stewardship Program, these companies accounted for the total volume of LCPFAC 
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263 chemical substances reported on the 2012 CDR (see Table 2). Since these chemical 

264 substances are proprietary chemicals, they are not expected to be manufactured by any 

265 other company. The eight participating companies have informed EPA that they are on 

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

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

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

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

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

271 Stewardship Program companies, and those chemicals are primarily used in fire fighting 

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

273 the PFOA Stewardship Program and has already submitted PMNs for chemical 

274 substitutes of their current LCPFAC chemical substances. Other than the PFOA 

275 Stewardship Program companies and this one company, there were no other companies 

276 that reported manufacture (including import) of LCPFAC chemical substances in the 

277 2012 CDR. Any domestic companies still manufacturing LCPFAC chemical substances 

278 are most likely obtaining the feedstocks for that manufacturing process from companies 

279 participating in the PFOA Stewardship Program. For these companies to continue 

280 manufacturing LCPFAC chemical substances, they would need the feedstock and 

281 finished LCPFAC chemical substances currently supplied by companies participating in 

282 the PFOA Stewardship Program. As the PFOA Stewardship Program member companies 

283 phase out their manufacture of those substances and customer demand continues to shift 

284 from LCPFAC chemical substances to alternatives, EPA believes that the manufacture of 

285 LCPFAC chemical substances by companies not participating in the PFOA Stewardship 

286 Programs are likely to cease by December 31, 2015. EPA would like to receive 
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287 comments addressing the extent to which companies manufacturing specific LCPFAC 

288 chemical substances for particular uses are utilizing existing sources that are not 

289 dependent on the PFOA Stewardship Program member companies and that are expected 

290 to continue after December 31, 2015. Because specific uses of those specific chemicals 

291 would be considered ongoing, they would be outside the scope of the significant new use 

292 when finalized. 

293 D. What Are the Uses and Production Levels of PFAS Chemical Substances?

294 The Agency previously determined that the 271 PFAS chemical substances 

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

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

297 (a)(5) (67 FR 72854, December 9, 2002) (FRL-7279-1) and (72 FR 57222, October 9, 

298 2007) (FRL-8150-4)). PFAS chemical substances included in 40 CFR 721.9582 were 

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

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

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

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

303 applications included fire fighting foams, mining and oil well surfactants, acid mist 

304 suppressants for metal plating and electronic etching baths, alkaline cleaners, floor 

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

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

307 8). In some instances, PFAS chemical substances are no longer used for the uses listed in 

308 40 CFR 721.9582 (a)(3), (a)(4), and (a)(5) as a result of new substitutes developed and 

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

310 use of PFAS chemical substances. In addition, since those chemicals are no longer 
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311 manufactured (including imported) other than for the listed uses, EPA believes that those 

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

313 E. What Are the Potential Health and Environmental Effects of LCPFAC Chemical 

314 Substances? 

315 

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

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

318 on the December 30, 2009 Long-Chain Perfluorinated Chemicals Action Plan (Ref. 1), 

319 references cited in the 2009 Action Plan, and additional selected references published 

320 after the Action Plan. 

321 PFOA is persistent, widely present in humans and the environment, has long half322 lives in humans, and can cause adverse effects in laboratory animals, including cancer 

323 and developmental and systemic toxicity (Refs. 9, 10, 11, 12, and 13). PFOA precursors, 

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

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

326 concentrations than PFOA and be more toxic (Refs. 14, 15, 16, 17, and 18). PFOA higher 

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

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

329 substances with longer carbon chain lengths compared to those with shorter chain lengths 

330 (Refs. 19, 20, 21, and 22). 

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

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

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

334 combination of dissolved-phase ocean and gas-phase atmospheric transport; however, 
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335 determining which is the predominant transport pathway is complicated by many factors, 

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

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

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

339 environment. 

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

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

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

343 initial proposed SNUR on LCPFAC chemical substances issued in the Federal Register 

344 of August 15, 2012 (77 FR 48924) (FRL-9358-7) (Ref. 8). 

345 F. What Are the Potential Health and Environmental Effects of PFAS Chemical 

346 Substances? 

347 

348 PFAS chemical substances degrade ultimately to perfluoroalkylsulfonic acid 

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

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

351 is highly persistent in the environment and has a tendency to bioaccumulate (Ref. 23). 

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

353 introduced into the environment. 

354 Studies have found PFAS chemical substances containing five to fourteen carbons 

355 (C5-C14) in the blood of the general human population as well as in wildlife, indicating 

356 that exposure to these chemical substances is widespread (Refs. 1, 4, 24, 25, 26, and 27). 

357 The widespread presence of PFAS chemical substances in human blood samples 

358 nationwide suggests other pathways of exposure, possibly including the release of PFAS 

359 from treated articles. 
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360 Biological sampling has shown the presence of certain perfluoroalkyl compounds 

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

362 Sweden, and the South Pacific (Refs. 24 and 25). The wide distribution of the chemical 

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

364 bioaccumulation and/or bioconcentration. 

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

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

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

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

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

370 19, and 20). 

371 The hazard assessment published by the Organization for Economic Cooperation 

372 and Development (Ref. 8) concluded that perfluorooctyl sulfonates (PFOS) are persistent, 

373 bioaccumulative and toxic to mammalian species. While most studies to date have 

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

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

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

377 developmental, reproductive, and systemic toxicity (Refs. 1, 16, 24, and 25). 

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

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

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

381 SNURs on PFAS chemical substances issued in the Federal Register of October 18, 

382 2000 (65 FR 62319) (FRL-6745-5), March 11, 2002 (67 FR 11014) (FRL-6823-7), and 

383 March 10, 2006 (71 FR 12311) (FRL-7740-6) (Refs. 24 and 28). Also, refer to December 
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384 30, 2009 Long-Chain Perfluorinated Chemicals Action Plan (Ref. 1). 

385 III. Rationale and Objectives

386 A. Rationale

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

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

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

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

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

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

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

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

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

396 wear, and disposal of products containing them. 

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

398 Table 1 will be discontinued after December 31, 2015, as committed by the principal 

399 manufacturers of LCPFAC chemical substances participating in the PFOA Stewardship 

400 Program, EPA expects the presence of LCPFAC chemical substances in humans and the 

401 environment to decline over time as has been observed in the past when production and 

402 use of other persistent chemicals has ceased (Ref. 29). Similarly, EPA expects other 

403 LCPFAC chemicals substances to decline as well since the manufacture and processing 

404 of those has ceased, as observed by the absence of reporting in CDR. In addition, EPA 

405 expects the presence of PFAS chemical substances to decline in humans and the 

406 environment since PFAS is no longer imported as part of carpets. EPA is concerned that 

407 the manufacturing or processing of these chemical substances for the proposed significant 
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408 new uses could be reinitiated in the future. If reinitiated, EPA believes that such use 

409 would significantly increase the magnitude and duration of exposure to humans and the 

410 environment to these chemical substances. 

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

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

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

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

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

416 exposure to LCPFAC chemical substances. 

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

418 5(a)(2), EPA’s decision to propose a SNUR for a particular chemical use need not be 

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

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

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

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

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

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

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

426 the specific parameters and circumstances surrounding that intended use.

427 B. Objectives 

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

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

430 rule:

431 1. EPA would receive notice of any person’s intent to manufacture or process 
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432 LCPFAC chemical substances, PFOA or its salts, or PFAS chemical substances for the 

433 described significant new use before that activity begins.

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

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

436 substances for the described significant new use.

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

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

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

440 5(f), 6 or 7. 

441 IV. Significant New Use Determination

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

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

444 including: 

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

446 substance. 

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

448 beings. 

449 or the environment to a chemical substance. 

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

451 human beings or the environment to a chemical substance. 

452 • The reasonably anticipated manner and methods of manufacturing, processing, 

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

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

455 authorizes EPA to consider any other relevant factors. 
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456 To determine what would constitute a significant new use of the LCPFAC and 

457 PFAS chemical substances subject to this proposed rule, as discussed herein, EPA 

458 considered relevant information about the toxicity of these substances, trends in blood 

459 levels, likely human exposures and environmental releases associated with possible uses, 

460 and the four factors listed in section 5(a)(2) of TSCA. 

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

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

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

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

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

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

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

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

469 the following uses as significant new uses: 

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

471 substances listed in Table 1 for any uses that are no longer ongoing after December 31, 

472 2015. 

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

474 use. 

475 • Manufacturing (including importing) or processing of all other LCPFAC 

476 chemical substances for any use not ongoing as of the date on which this proposed rule is 

477 published. 

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

479 demonstrating that perfluorinated chemicals contained in articles of commerce can be 
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480 released from those articles. For instance, one study observed the removal of 

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

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

483 environment (Ref. 30). A second study indicated that perfluorinated chemicals could be 

484 released from treated medical garments with water alone (Ref. 31). LCPFAC chemical 

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

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

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

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

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

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

491 considerations, EPA has preliminarily determined that importing LCPFAC chemical 

492 substances listed in Table 1 and PFOA or its salts as part of articles constitutes a 

493 significant new use and warrants making inapplicable the article exemption at 40 CFR 

494 721.45(f). However, import of fluoropolymer dispersions and emulsions, and 

495 fluoropolymers as part of articles, containing PFOA or its salts was not determined to be 

496 a significant new use because this use is currently ongoing. 

497 Except for the ongoing uses specified in 40 CFR 721.9582 (a)(3) through (a)(5), 

498 the Agency believes the manufacture (including import) and processing of any of the 

499 PFAS chemical substances subject to this rule has been discontinued. Currently, 

500 exposure to PFAS chemical substances occur from ongoing uses characterized as low 

501 volume, low exposure uses or, for the general public, through existing articles containing 

502 PFAS chemicals that entered into the market prior to phasing out the chemical 

503 substances. If import of these chemicals as part of carpets were to begin, it would change 
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504 the type and form of exposure. Because these chemicals are persistent and 

505 bioaccumulative, any new use, including import as part of carpets, of PFAS chemical 

506 substances would increase the magnitude and duration of exposure to humans and the 

507 environment relative to what currently exists. Based on these considerations of the 

508 statutory factors discussed in this Unit, EPA has also preliminarily determined that 

509 importing PFAS chemical substances listed at 40 CFR 721.9582 as part of carpets 

510 constitutes as significant new use and warrants making inapplicable the exemption at 40 

511 CFR 721.45(f). 

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

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

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

515 A summary table of the dates relevant to EPA’s preliminary determinations is 

516 shown below: 

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

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

New Use LCPFAC 

in Table 1 

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) 

519 

520 V. Applicability of General Provisions 

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

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

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

524 effective date of the final rule. However, EPA is proposing that the exemption at 40 CFR 
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525 721.45(f) not apply to persons who import LCPFAC chemicals substances listed in Table 

526 1, PFOA or its salts (See Table 2 for examples of PFOA salts), and PFAS chemicals 

527 substances listed in 40 CFR 721.9582. As a result, persons subject to the provisions of 

528 this proposed rule would not be exempt from significant new use reporting if they import 

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

530 import PFAS chemical substances as part of carpets. However, EPA is also proposing 

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

532 chemical substances as part of an article because existing stocks of articles may still 

533 contain LCPFAC or PFAS chemical substances. Provisions relating to user fees appear at 

534 40 CFR part 700. According to 40 CFR 721.1(c), persons subject to SNURs must comply 

535 with the same notice requirements and EPA regulatory procedures as submitters of 

536 Premanufacture Notices (PMNs) under TSCA section 5(a)(1)(A). In particular, these 

537 requirements include the information submissions requirements of TSCA section 5(b) 

538 and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and 

539 (h)(5), and the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA may 

540 take regulatory action under TSCA section 5(e), 5(f), 6 or 7 to control the activities on 

541 which it has received the SNUN. If EPA does not take action, EPA is required under 

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

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

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

545 12(b). The regulations that interpret TSCA section 12(b) appear at 40 CFR part 707, 

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

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

548 SNUR are subject to the TSCA section 13 import certification requirements, codified at 
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549 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Such persons must certify that 

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

551 under TSCA, including any SNUR requirements. The EPA policy in support of import 

552 certification appears at 40 CFR part 707, subpart B. 

553 VI. Applicability of Rule to Uses Occurring Before Effective Date of the Final Rule 

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

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

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

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

558 were considered ongoing rather than new, it would be difficult for EPA to establish 

559 SNUR notice requirements, because a person could defeat the SNUR by initiating the 

560 proposed significant new use before the rule became final, and then argue that the use 

561 was ongoing as of the effective date of the final rule. Thus, persons who begin 

562 commercial manufacture or processing of the chemical substance(s) that would be 

563 regulated through this proposed rule, if finalized, would have to cease any such activity 

564 before the effective date of the rule if and when finalized. To resume their activities, 

565 these persons would have to comply with all applicable SNUR notice requirements and 

566 wait until the notice review period, including all extensions, expires. Uses arising after 

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

568 of the proposed rule. The former would be new uses, the latter ongoing uses, except that 

569 uses that are ongoing as of the publication of the proposed rule would not be considered 

570 ongoing uses if they have ceased by the date of issuance of a final rule (as EPA expects 

571 for the LCPFAC chemical substances listed in Table 1 and PFOA or its salts). To the 

572 extent that additional ongoing uses are found in the course of rulemaking, EPA would 
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573 exclude those specific chemical substances for those specific uses from the final SNUR. 

574 EPA has promulgated provisions to allow persons to comply with the final SNUR before 

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

576 40 CFR 721.45(h), that person would be considered to have met the requirements of the 

577 final SNUR for those activities. 

578 VII. Test Data and Other Information 

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

580 particular test data before submission of a SNUN. There are two exceptions: 1) 

581 development of test data is required where the chemical substance subject to the SNUR is 

582 also subject to a test rule under TSCA section 4 (see TSCA section 5(b)(1)); and 2) 

583 development of test data may be necessary where the chemical substance has been listed 

584 under TSCA section 5(b)(4) (see TSCA section 5(b)(2)). In the absence of a TSCA 

585 section 4 test rule or a TSCA section 5(b)(4) listing covering the chemical substance, 

586 persons are required only to submit test data in their possession or control and to describe 

587 any other data known to or reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 

588 721.25; and 40 CFR 720.50). However, as a general matter, EPA recommends that 

589 SNUN submitters include data that would permit a reasoned evaluation of risks posed by 

590 the chemical substance during its manufacture, processing, use, distribution in commerce, 

591 or disposal. EPA encourages persons to consult with the Agency before submitting a 

592 SNUN. As part of this optional pre-notice consultation, EPA would discuss specific data 

593 it believes may be useful in evaluating a significant new use. SNUNs submitted for 

594 significant new uses without any test data may increase the likelihood that EPA will take 

595 action under TSCA section 5(e) to prohibit or limit activities associated with this 

596 chemical. 
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597 SNUN submitters should be aware that EPA will be better able to evaluate 

598 SNUNs that provide detailed information on: 

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

600 significant new uses of the chemical substance. 

601 2. Potential benefits of the chemical substance. 

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

603 posed by potential substitutes. 

604 VIII. SNUN Submissions 

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

606 SNUN to discuss what data may be useful in evaluating a significant new use. 

607 Discussions with the Agency prior to submission can afford ample time to conduct any 

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

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

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

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

612 720.50. SNUNs must be submitted on EPA Form No. 7710-25, generated using e-PMN 

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

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

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

616 IX. Economic Analysis 

617 A. SNUNs 

618 EPA has evaluated the potential costs of establishing SNUR reporting 

619 requirements for potential manufacturers and processors of the chemical substance 

620 included in this proposed rule (Ref. 32). In the event that a SNUN is submitted, costs are 
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621 estimated at approximately $8,589 per SNUN submission for large business submitters 

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

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

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

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

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

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

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

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

630 articles containing LCPFAC chemical substances listed in Table 1, or PFOA and its salts. 

631 While not required by the proposed SNUR, companies importing articles containing these 

632 chemical substances may take additional steps to determine whether these chemical 

633 substances are part of the articles they are considering to import. Companies typically 

634 have an understanding of the contents of the articles they import or process; however, 

635 there may be instances when companies decide to gather additional information about 

636 these articles from suppliers if not currently available. EPA believes that the costs 

637 associated with such information gathering activities would be minimal for this proposed 

638 SNUR because these chemical substances are unlikely to be available for use in articles 

639 after December 31, 2015. EPA’s complete economic analysis is available in the public 

640 docket for this proposed rule (Ref. 32). 

641 B. Export Notification

642 Under section 12(b) of TSCA and the implementing regulations at 40 CFR part 

643 707, subpart D, exporters must notify EPA if they export or intend to export a chemical 

644 substance or mixture for which, among other things, a rule has been proposed or 
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645 promulgated under TSCA section 5. For persons exporting a substance that is the subject 

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

647 particular country. The total costs of export notification will vary by chemical, 

648 depending on the number of required notifications (i.e., the number of countries to which 

649 the chemical is exported). EPA is unable to make any estimate of the likely number of 

650 export notifications for the chemical covered in this proposed SNUR. 

651 C. Import Chemical Substances as Part of an Article

652 In proposing to make inapplicable the exemption relating to persons that import 

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

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

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

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

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

658 familiar with the requirements of the rule. And, while not required by the SNUR, these 

659 parties may take additional steps to determine whether the subject chemical substances 

660 are part of the articles that they are considering to import. This determination may 

661 involve activities such as gathering information from suppliers along the supply chain, 

662 and/or testing samples of the article itself. Costs vary across the activities chosen and the 

663 extent of familiarity a firm has regarding the articles it imports. Cost ranges are 

664 presented in the Agency’s Economic Analysis for this rulemaking (Ref. 32). Based on 

665 available information, EPA believes that article importers that choose to investigate their 

666 products would incur costs at the lower end of the ranges presented in the Economic 

667 Analysis. For those companies choosing to undertake actions to assess the composition 

668 of the articles they import, EPA expects that in all likelihood, these importers would 
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669 take actions that are commensurate with the level of risk (of a chemical to be a part of an 

670 article) that each company perceives, and the resources it has available. 

671 X. Alternatives 

672 Before proposing this SNUR, EPA considered the following alternative regulatory 

673 actions: 

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

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

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

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

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

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

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

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

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

683 5(f) to prohibit or limit the activity before it begins. In addition, EPA may not receive 

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

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

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

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

688 substance would not meet EPA’s regulatory objectives. 

689 B. Regulate LCPFAC Chemical Substances Under TSCA Section 6

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

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

692 use or disposal of a chemical substance or mixture . . . presents or will present an 
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693 unreasonable risk of injury to health or the environment.” (TSCA section 6(a)). Given 

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

695 management action under TSCA section 6 is not necessary at this time. However, if EPA 

696 determines that there are persons who intend to manufacture or process these chemicals, 

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

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

699 the proposed significant new use. 

700 XI. Request for Comment 

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

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

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

704 LCPFAC chemical substances identified in Table 1 will continue to be ongoing after 

705 December 31, 2015 or whether there are any ongoing uses of those identified in Table 2. 

706 EPA also requests comment on whether there are currently any ongoing uses, including 

707 use as part of articles, of any of the remaining LCPFAC chemical substances that were 

708 not identified in the 2012 CDR. EPA would welcome specific documentation of any 

709 such ongoing use. 

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

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

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

713 comments available on-line at www.regulations.gov, including any personal information 

714 provided, unless a comment includes information claimed to be Confidential Business 

715 Information (CBI) or other information whose disclosure is restricted by statute. Do not 

716 submit this information to EPA through regulations.gov or email. Clearly mark the part 
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717 or all of the information that you claim to be CBI. For CBI information in a disk or CD718 ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then 

719 identify electronically within the disk or CD-ROM the specific information that is 

720 claimed as CBI. In addition to one complete version of the comment that includes 

721 information claimed as CBI, a copy of the comment that does not contain the information 

722 claimed as CBI must be submitted for inclusion in the public docket. Information so 

723 marked will not be disclosed except in accordance with procedures set forth in 40 CFR 

724 part 2, subpart B. 

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

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

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

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

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

730 number. 

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

732 language for your requested changes. 

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

734 that you used. 

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

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

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

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

739 personal threats. 

740 viii. Make sure to submit your comments by the comment period deadline 
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741 identified. 

742 XII. References 

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

744 document. The docket includes these documents and other information considered by 

745 EPA, including documents that are referenced within the documents that are in the 

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

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

748 under FOR FURTHER INFORMATION CONTACT.

749 1. EPA. “Long-Chain Perfluorinated Chemicals Action Plan.” December 30, 2009. 

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

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

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

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

754 4. 3M Company. “Perfluorooctane Sulfonate: Current Summary of Human Sera, 

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

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

757 Polymer in Soil.” Environmental Science & Technology 2009, 43: 6617-6623. 

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

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

760 7. EPA. “Industry Progressing in Voluntary Effort to Reduce Toxic Chemicals.” 

761 February 10, 2012. 

762 8. EPA. “Perfluoroalkyl Sulfonates and Long-Chain Perfluoroalkyl Carboxylate 

763 Chemical Substances; Proposed Significant New Use Rule, Proposed Rule.” (77 FR 

764 48924; August 15, 2012) 
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765 9. Butt, C.M., et al. “Levels and Trends of Poly- and Perfluorinated Compounds in 

766 the Arctic Environment.” Science Total Environment 2010, 408: 2936–2965. 

767 10. Houde M., et al. “Biological Monitoring of Polyfluoroalkyl Substances: A 

768 Review.” Environmental Science and Technology 2006, 40: 3463–3473. 

769 11. Calafat A.M., et al. “Polyfluoroalkyl Chemicals in the U.S. Population: Data 

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

771 Comparisons with NHANES 1999-2000.” Environmental Health Perspective 2007, 

772 115(11), 1596-1602. 

773 12. Lau C., et al. “Effects of Perfluoroctanoic Acid Exposure During Pregnancy in the 

774 Mouse.” Toxicology Science 2006, 90(2): 510-518. 

775 13. Lau C., et al. “Perfluoroalkyl Acids: A Review of Monitoring and Toxicological 

776 Findings.” Toxicological Sciences 2007, 99(2): 366-394. 

777 14. Ahrens L., et al. “Polyfluoroalkyl Compounds in the Aquatic Environment: A 

778 Review of Their Occurrence and Fate.” Journal of Environmental Monitoring 2011, 13: 

779 20–31. 

780 15. Sturm R., et al. “Trends of Polyfluoroalkyl Compounds in Marine Biota and in 

781 Humans.” Environmental Chemistry 2010, 7: 457–484. 

782 16. Lau, C. “Perfluorinated Compounds.” Molecular, Clinical and Environmental 

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

784 17. Yoo, H., et al. “Concentrations, Distribution and Persistence of Fluorotelomer 

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

786 & Technology 2010, 44: 8397-8402. 

787 18. Washington, J.W., et al. “Concentrations, Distribution and Persistence of 

788 Perfluoroalkylates in Sludge-applied Soils Near Decatur, Alabama, USA.” 
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789 Environmental Science & Technology 2010, 44: 8390-8396. 

790 19. Kudo, N., et.al. “Comparison of the Elimination Between Perfluorinated Fatty 

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

792 2001, Volume 134(2), pp. 203-216. 

793 20. Goecke-Flora, C.M., et al. “Influence of Carbon Chain Length on the Hepatic 

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

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

796 21. Lasier, P.J., et al. “Perfluorinated Chemicals in Surface Waters and Sediments 

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

798 Environmental Toxicology & Chemistry 2011, 30: 2194-2201. 

799 22. 3M Company. “Fluorochemical Use, Distribution, and Release Overview.” St. 

800 Paul, Minnesota, May 26, 1999. 

801 23. Lua, C. “Perfluorinated Compounds.” Molecular, Clinical and Environmental 

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

803 24. EPA. “Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule, 

804 Supplemental Proposed Rule.” (67 FR 11014; March 11, 2002) 

805 25. EPA. “Perfluoroalkyl Sulfonates; Significant New Use Rule, Final Rule.” (67 FR 

806 11008; March 11, 2002) 

807 26. 3M Company. “The Science of Organic Fluorochemistry.” St. Paul, Minnesota, 

808 February 5, 1999. 

809 27. CDC (Centers for Disease Control and Prevention). “Fourth National Report on 

810 Human Exposure to Environmental Chemicals.” Updated Tables, March 2013. 

811 28. EPA. “Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule” (71 

812 FR 12311; March 10, 2006) 
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813 29. Kato, K. et al. “Trends in Exposure to Polyfluoroalkyl Chemicals in the U.S. 

814 Population: 1999-2008.” Environmental Science and Technology 2011, 45: 8037-8045. 

815 30. Hubbard, H. et al. Removal of Perfluorocarboxylic Acids (PFCAs) from 

816 Carpets Treated with Stain-Protection Products by Using Carpet Cleaning Machines. U.S. 

817 EPA, Report EPA/600-12/703, 2012. 

818 31. Liu, X. et al. Trends of Perfluoroalkyl Acid Content in Articles of Commerce. 

819 U.S. EPA, Report EPA/600/R-12/585, 2012. 

820 32. EPA. Economic Analysis. EPA. “Economic Analysis of the Significant New 

821 use Rule for Long-Chain Perfluoroalkyl Carboxylate Chemical Substances.” August 20, 

822 2013. 

823 XIV. Statutory and Executive Order Reviews

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

825 Improving Regulation and Regulatory Review 

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

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

828 12866 (58 FR 51735, October 4, 1993). Accordingly, EPA submitted this proposed 

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

830 21, 2011), and any changes made in response to OMB recommendations are documented 

831 in the docket. 

832 B. Paperwork Reduction Act (PRA) 

833 This action would not impose any new information collection burden under the 

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

835 collection activities associated with existing chemical SNURs are already approved by 

836 OMB under OMB control number 2070-0038 (EPA ICR No. 1188); and the information 
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837 collection activities associated with export notifications are already approved by OMB 

838 under OMB control number 2070-0030 (EPA ICR No. 0795). If an entity were to submit 

839 a SNUN to the Agency, the annual burden is estimated to be less than 100 hours per 

840 response, and the estimated burden for an export notifications is less than 1.5 hours per 

841 notification. In both cases, burden is estimated to be reduced for submitters who have 

842 already registered to use the electronic submission system. Additional burden, estimated 

843 to be less than 10 hours, could be incurred where additional record keeping requirements 

844 are specified under 40 CFR §721.125(a), (b), and (c). 

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

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

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

848 control numbers for EPA’s regulations in Title 40 of the CFR, after appearing in the 

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

850 instrument, or form, if applicable. 

851 C. Regulatory Flexibility Act (RFA) 

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

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

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

855 follows. 

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

857 engage in any activity described in the rule as a “significant new use.” By definition of 

858 the word “new” and based on all information currently available to EPA, it appears that 

859 no small or large entities presently engage in such activities. Since this proposed SNUR 

860 would require a person who intends to engage in such activity in the future to first notify 
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861 EPA by submitting a SNUN, no economic impact will occur unless someone files a 

862 SNUN to pursue a significant new use in the future or forgoes profits by avoiding or 

863 delaying the significant new use. Although some small entities may decide to conduct 

864 such activities in the future, EPA cannot presently determine how many, if any, there 

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

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

867 notices per year. During the six year period from 2005-2011, only three submitters self868 identified as small in their SNUN submission (Ref. 32). EPA believes the cost of 

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

870 a chemical new to a firm and that the requirement to submit a SNUN generally does not 

871 have a significant economic impact. 

872 Therefore, EPA believes that the potential economic impact of complying with 

873 this proposed SNUR is not expected to be significant or adversely impact a substantial 

874 number of small entities. In a SNUR that published as a final rule on August 8, 1997 (62 

875 FR 42690) (FRL-5735-4), the Agency presented its general determination that proposed 

876 and final SNURs are not expected to have a significant economic impact on a substantial 

877 number of small entities, which was provided to the Chief Counsel for Advocacy of the 

878 Small Business Administration. 

879 D. Unfunded Mandates Reform Act (UMRA) 

880 Based on EPA’s experience with proposing and finalizing SNURs, State, local, 

881 and Tribal governments have not been impacted by these rulemakings, and EPA does not 

882 have any reason to believe that any State, local, or Tribal government would be impacted 

883 by this proposed rulemaking. As such, the requirements of sections 202, 203, 204, or 205 

884 of UMRA, 2 U.S.C. 1531-1538, do not apply to this proposed action. 
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885 E. Executive Order 13132: Federalism 

886 This action would not have a substantial direct effect on States, on the relationship 

887 between the national government and the States, or on the distribution of power and 

888 responsibilities among the various levels of government, as specified in Executive Order 

889 13132 (64 FR 43255, August 10, 1999). 

890 F. Executive Order 13175: Consultation and Coordination with Indian Tribal 

891 Governments 

892 This proposed rule does not have Tribal implications because it is not expected to 

893 have any effect (i.e., there would be no increase or decrease in authority or jurisdiction) 

894 on Tribal governments, on the relationship between the Federal government and the 

895 Indian tribes, or on the distribution of power and responsibilities between the Federal 

896 government and Indian tribes. Thus, Executive Order 13175 (65 FR 67249, November 9, 

897 2000) does not apply to this proposed rule. 

898 G. Executive Order 13045: Protection of Children from Environmental Health Risks and 

899 Safety Risks 

900 This proposed action is not subject to Executive Order 13045 (62 FR 19885, April 

901 23, 1997), because this proposed action is not intended to address environmental health 

902 or safety risks for children. 

903 H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, 

904 or Use 

905 This proposed rule is not subject to Executive Order 13211 (66 FR 28355, May 

906 22, 2001), because this action is not expected to affect energy supply, distribution, or use. 

907 I. National Technology Transfer Advancement Act (NTTAA) 
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908 Since this proposed action does not involve any technical standards, section 12(d) 

909 of the NTTAA, 15 U.S.C. 272 note, does not apply to this proposed action. 

910 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

911 Populations and Low-Income Populations 

912 This proposed action does not entail special considerations of environmental 

913 justice related issues as delineated by Executive Order 12898 (59 FR 7629, February 16, 

914 1994), because EPA has determined that this proposed action would not have 

915 disproportionately high and adverse human health or environmental effects on minority 

916 or low-income populations. This proposed action would not affect the level of 

917 protection provided to human health or the environment. 

918 List of Subjects in 40 CFR Part 721 

919 Environmental protection, Chemicals, Hazardous substances, Reporting and 

920 recordkeeping requirements.

921 Dated: ________________________ 

922 

923 __________________________________________ 

924 Director, Office of Pollution Prevention and Toxics.
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925 Therefore, it is proposed that 40 CFR part 721 be amended as follows: 

926 PART 721--[AMENDED] 

927 1. The authority citation for part 721 continues to read as follows: 

928 Authority: 15 U.S.C. 2604, 2607, and 2625(c). 

929 2. In § 721.9582: 

930 a. Revise paragraph (a)(2)(iv). 

931 b. Add paragraph (b). 

932 The revision and addition read as follows: 

933 § 721.9582 Certain perfluoroalkyl sulfonates. 

934 (a) * * * 

935 (2) * * * 

936 (iv) Import as part of carpets. 

937 * * * * * 

938 (b) Specific requirements. The provisions of subpart A of this part apply to this 

939 section except as modified by this paragraph. 

940 (1) Revocation of certain notification exemptions. With respect to imports of 

941 carpets, the provisions of § 721.45(f) do not apply to this section. A person who imports a 

942 chemical substance identified in this section as part of a carpet is not exempt from 

943 submitting a significant new use notice. The other provision of § 721.45(f), respecting 

944 processing a chemical substance as part of an article, remains applicable. 

945 (2) [Reserved] 

946 3. Revise § 721.10536 to read as follows: 

947 § 721.10536 Long-chain perfluoroalkyl carboxylate chemical substances. 

948 (a) Definitions. The definitions in § 721.3 apply to this section. In addition, the 
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949 following definition applies: Carpet means a finished fabric or similar product intended 

950 to be used as a floor covering. This definition excludes resilient floor coverings such as 

951 linoleum and vinyl tile. 

952 (b) Chemical substances and significant new uses subject to reporting. (1) The 

953 chemical substances identified below, where 5 < n < 21 or 6 < m < 21, are subject to 

954 reporting under this section for the significant new uses described in paragraph (b)(4)(i) 

955 and (b)(4)(iv) of this section. 

 (i) CF3(CF2)n-COOM where M = H+ 956 or any other group where a formal 

957 dissociation can be made; 

958 (ii) CF3(CF2)n-CH=CH2; 

959 (iii) CF3(CF2)n-C(=O)-X where X is any chemical moiety; 

960 (iv) CF3(CF2)m-CH2-X where X is any chemical moiety; and 

961 (v) CF3(CF2)m-Y-X where Y = non-S, non-N heteroatom and where X is any 

962 chemical moiety. 

963 (2) The chemical substances listed in Table 1 are subject to reporting under this 

964 section for the significant new uses described in paragraph (b)(4)(ii) of this section. 

965 

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

967 2015 

968 

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 Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-
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Number heptadecafluoro-10-iodo2043-54-1 No Accession 

Number 

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

heneicosafluoro-12-iodo17741-60-5 No Accession 

Number 

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

12,12,12-heneicosafluorododecyl ester 

27905-45-9 No Accession 

Number 

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

heptadecafluorodecyl ester 

30046-31-2 No Accession 

Number 

Tetradecane, 

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

pentacosafluoro-14-iodo39239-77-5 No Accession 

Number 

1-Tetradecanol, 

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

14-pentacosafluoro60699-51-6 No Accession 

Number 

1-Hexadecanol, 

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

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

Number 

Hexadecane, 

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

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

Number 

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

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

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

68391-08-2 No Accession 

Number 

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

70969-47-0 No Accession 

Number 

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

acrylamide 

125476-71-3 No Accession 

Number 

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

products with chlorotrimethylsilane and 

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

decanol 

1078712-88-5 No Accession 

Number 

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

acrylamide and acrylic acid, sodium salts 

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 

969 

970 (3) The chemical substances identified as perfluorooctanoic acid (PFOA) and its 

971 salts, including those listed in Table 2 below, are subject to reporting under this section 

972 for the significant new uses described in paragraph (b)(4)(iii) of this section. 
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973 Table 2.—PFOA and Examples of Its Salts 

CAS Registry 

Number 

(CASRN) 

Chemical Name 

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

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

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

2395-00-8 Octanoic acid, pentadecafluoro-, potassium salt 

3825-26-1 Octanoic acid, pentadecafluoro-, ammonium salt (APFO) 

974 

975 (4) Significant new uses. 

976 (i) The significant new use for chemical substances identified in paragraph (b)(1) 

977 of this section are: Manufacture (including import) or processing for use as part of carpets 

978 or to treat carpets (e.g., for use in the carpet aftercare market). 

979 (ii) The significant new use for chemical substances identified in paragraph (b)(2) 

980 of this section are: Manufacture (including import ) or processing for any use after 

981 December 31, 2015. 

982 (iii) The significant new use for chemical substances identified in paragraph 

983 (b)(3) of this section are: Manufacture (including import) or processing for any use. 

984 Import of fluoropolymer dispersions and emulsions, and fluoropolymers as part of 

985 articles, containing chemical substances identified in paragraph (b)(3) of this section shall 

986 not be considered as a significant new use subject to reporting.

987 (iv) The significant new use for chemical substances identified in paragraph (b)(1) 

988 of this section, except for those chemicals identified in Table 1 of paragraph (b)(2) are: 

989 Manufacture (including import) or processing for any use other than that use already 

990 covered by paragraph (b)(4)(i).

991 (c) Specific requirements. The provisions of subpart A of this part apply to this 

992 section except as modified by this paragraph. 
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993 (1) Revocation of certain notification exemptions. With respect to imports of 

994 carpets, the provisions of § 721.45(f) do not apply to this section. With respect to imports 

995 of articles, the provisions of § 721.45(f) also do not apply to a chemical substance 

996 identified in paragraphs (b)(2) or (b)(3) of this section. A person who imports a chemical 

997 substance identified in paragraph (b)(1) of this section as part of a carpet or who imports 

998 a chemical substance identified in paragraphs (b)(2) or (b)(3) of this section as part of an 

999 article is not exempt from submitting a significant new use notice. The other provision of 

1000 § 721.45(f), respecting processing a chemical substance as part of an article, remains 

1001 applicable. 

1002 (2) [Reserved] 

1003