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### EO 12866/13563 Review Draft – As Submitted 1 Rin2070-AJ99_EO12866_LCPFAC-SNUR_N PRM_FRdocument_2014-08-15.docx 2 3 BILLING CODE 6560-50-P 4 ENVIRONMENTAL PRO TECTION AGENCY 5 40 CFR Part 721 6 [EPA-HQ-OPPT-2013-0225; FRL-9397-5] 7 RIN 2070-AJ99 8 Long-Chain Perfluoroalkyl Carboxylate a nd Perfluoroalkyl Sulfonate Chemical 9 Substances; Significant New Use Rule 10 AGENCY: Environmental Protection Agency (EPA). 11 ACTION: Proposed rule. 12 SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is proposing to 13 amend a significant new use rule (SNUR) for long-chain perfluor oalkyl carboxylate 14 (LCPFAC) chemical substances by designati ng manufacturing (incl uding importing) or 15 processing of the LCPFAC chemical substances identified in this rule for any use that 16 will not be ongoing after December 31, 2015 as a significant new use; designating 17 manufacturing (including importing) or proces sing of perfluorooctanoic acid (PFOA) or 18 its salts for any use as a si gnificant new use; and designati ng manufacturing (including 19 importing) or processing of a ll other LCPFAC chemicals substances for which there are 20 currently no ongoing uses as a significant new use. For this SNUR, EPA is also 21 proposing to make inapplicab le the exemption at 40 CFR 721.45(f) for persons who 22 import the identified LCPFAC chemical substances , PFOA and its salts as part of articles. 23 In addition, EPA is also proposing to amend a SNUR for perfluoroal kyl sulfonate (PFAS) 24 chemical substances that would make inapplicable the exemption at 40 CFR 721.45(f) for 25*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 2 of 45 persons who import PFAS chemical substances as part of carpets. Persons subject to 26 these SNURs would be required to notify EPA at least 90 days before commencing such 27 manufacture or processing. The required notifications would provide EPA with the 28 opportunity to evaluate the intended use and, if necessary based on the information 29 available at that time, an opportunity to protect ag ainst potential unreasonable risks, if 30 any, from that activity before it occurs. 31 DATES: Comments must be recei ved on or before [ insert date 60 days after date of 32 publication in the Federal Register ]. 33 ADDRESSES: Submit your comments, identified by docket identification (ID) number 34 EPA-HQ-OPPT-2013-0225, by one of the following methods: 35

• Federal eRulemaking Portal : http://www.regulations.gov . Follow the online 36 instructions for submitting comments. Do not submit electronically any information you 37 consider to be Confidential Business Info rmation (CBI) or other information whose 38 disclosure is restricted by statute. 39

• Mail : Document Control Office (7407M), Office of Pollution Prevention and 40 Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 41 Washington, DC 20460-0001. 42

• Hand Delivery : To make special arrangements fo r hand delivery or delivery of 43 boxed information, please follow the instructions at 44 http://www.epa.gov/dockets/contacts.html

. 45 Additional instructions on commenting or visiting the docket, along with more 46 information about dockets ge nerally, is available at http://www.epa.gov/dockets

. 47 FOR FURTHER INFORMATION CONTACT: For technical information contact : 48 Nicholas Nairn-Birch, Chemical Contro l Division (7405M), Office of Pollution 49*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 3 of 45 Prevention and Toxics, Environmental Pr otection Agency, 1200 Pennsylvania Ave., 50 NW., Washington, DC 20460-0001; telephone nu mber: (202) 564-3668; email address: 51 nairn-birch.nicholas@epa.gov

. 52 For general information contact : The TSCA-Hotline, ABVI-Goodwill, 422 South 53 Clinton Ave., Rochester, NY 14620; telephon e number: (202) 554-1404; email address: 54 TSCA-Hotline@epa.gov

. 55 SUPPLEMENTARY INFORMATION: 56 I. Executive Summary 57 A. Does this Action Apply to Me? 58 You may be potentially affected by th is action if you manuf acture (including 59 import) or process any of the chemical substances covered by this proposed SNUR

. The 60 North American Industrial Classification Syst em (NAICS) codes that are identified in 61 this unit are not intended to be exhaustive, but rather provides a guide to help readers 62 determine whether this rule applies to them . Potentially affected entities may include: 63

• Manufacturers (including im porters) of one or more of subject chemical 64 substances (NAICS codes 325 and 324110); e .g., chemical manufacturing and petroleum 65 refineries. 66

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

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

• Home furnishing merchant w holesalers (NAICS code 423220). 69

• Carpet and upholstery cleaning services (NAICS code 561740). 70 This action may also affect certai n entities through pre-existing import 71 certification and export notification rule s under TSCA. Persons who import any 72 chemical substance governed by a final SNURare subject to the TSCA section 13 (15 73*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 4 of 45 U.S.C. 2612) import certification requiremen ts and the corresponding regulations at 19 74 CFR 12.118 through 12.127; see also 19 CFR 1 27.28. Those persons must certify that 75 the shipment of the chemical substance complies with all applicable rules and orders 76 under TSCA, including any SNUR requirements. The EPA policy in support of import 77 certification appears at 40 CF R part 707, subpart B. In addition, any persons who export 78 or intend to export a chemical substance that is the subject of this proposed rule on or 79 after [insert date 30 days after the date of publication in the FR] are subject to the export 80 notification provisions of TS CA section 12(b) (15 U.S.C. 2611(b)), (see 40 CFR 721.20), 81 and must comply with the export notificati on requirements in 40 CFR part 707, subpart 82 D. 83 To determine whether you or your business may be affected by this action, you 84 should carefully examine the applicabili ty provisions in 40 CFR 721.5 and 40 CFR 85 721.9582. If you have any questions regarding the applicability of this action to a 86 particular entity, consult the technical person listed under FOR FURTHER 87 INFORMATION CONTACT

. 88 B. What Is the Agency's Aut hority for Taking this Action? 89 Section 5(a)(2) of TSCA (15 U.S. C. 2604(a)(2)) authorizes EPA to determine that 90 a use of a chemical substance is a “si gnificant new use.” EPA must make this 91 determination by rule after c onsidering all relevant factors, includi ng those listed in 92 TSCA section 5(a)(2). Once EPA determines that a use of a chemical substance is a 93 significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant 94 new use notice (SNUN) to EPA at least 90 days before they manufacture or process the 95 chemical substance for that use (15 U.S.C. 2604(a)(1)(B)). As described in Unit V., the 96 general SNUR provisions are found at 40 CFR Part 721, Subpart A. 97*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 5 of 45 C. What Action Is the Agency Taking? 98 EPA is proposing to amend a SNUR at 40 CFR 721.10536 for LCPFAC chemical 99 substances by designating manufacturing (including importing) or processing of 100 LCPFAC chemical substances li sted in Table 1 for any use that is no longer ongoing after 101 December 31, 2015 as a significant new us e; designating manufacturing (including 102 importing) or processing of PFOA or its salts for any use as a significant new use; and 103 designating manufacturing (inc luding importing) or proces sing of all other LCPFAC 104 chemical substances for any use not ongoing as of the date on which this proposed rule is 105 published as a significant new use. For this SNUR, EPA is also proposing to make the 106 exemption at 40 CFR 721.45(f) inapplicable for persons who import LCPFAC chemical 107 substances listed in Table 1 and PFOA or its salts as part of articles because exposure 108 would increase if in the future LCPFAC chemical substances, including PFOA, are 109 incorporated in articles and then imported. EP A is also proposing to amend a SNUR at 40 110 CFR 721.9582 for PFAS chemical substances to make the exemption at 40 CFR 111 721.45(f) inapplicable for persons who import of PFAS chemical substances as part of 112 carpets. Today’s action is cons istent with the pu rpose of the Long-Chain Perfluorinated 113 Chemicals Action Plan published on Decembe r 30, 2009 (Ref. 1). EPA is continuing to 114 assess these chemicals to determine what other actions would be warranted. Before 115 promulgating a final SNUR with respect to us es of LCPFAC chemicalsubstances listed 116 in Table 1 that are now ongoing, but are e xpected to be phased out by December 31, 117 2015, EPA will verify through comments on this action, or by other means, that the 118 proposed significant new uses have indeed ceas ed. Similarly, before promulgating a final 119 SNUR on LCPFAC chemical substances othe r than those listed in Table 1, EPA will 120 determine based on comments on this action and other means what if any uses are 121*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 6 of 45 ongoing in making significant new use determinati ons in the final rule . Persons would be 122 required to notify EPA at least 90 days beforecommencing manufactur e or processing of 123 LCPFAC chemical substances for the desi gnated significant new uses. This proposed 124 SNUR is intended to follow and codify an existing voluntary industry commitment to 125 phase out LCPFAC chemical substances by th e end of 2015 (Ref. 2). The objectives and 126 rationale for this proposed SNUR are e xplained in more detail in Unit III. 127 Table 1.-- LCPFAC Chemical Substances Subj ect to Reporting After December 31, 128 2015 129 CAS Registry Number (CASRN) Accession CAS Number Chemical Name

507-63-1 No Accession Number Octane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro8-iodo678-39-7 No Accession Number 1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluoro865-86-1 No Accession Number 1-Dodecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-heneicosafluoro2043-53-0 No Accession Number Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro-10-iodo2043-54-1 No Accession Number Dodecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10 ,10-heneicosafluoro-12-iodo17741-60-5 No Accession Number 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11, 12,12,12-heneicosafluorododecyl ester 27905-45-9 No Accession Number 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluorodecyl ester 30046-31-2 No Accession Number Tetradecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12-pentacosafluoro-14-iodo39239-77-5 No Accession Number 1-Tetradecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14-pentacosafluoro60699-51-6 No Accession Number 1-Hexadecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,15,15,16,16,16-nonacosafluoro65510-55-6 No Accession Number Hexadecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14-nonacosafluoro-16-iodo68187-47-3 No Accession Number 1-Propanesulfonic acid, 2- methyl-, 2-[[1-oxo-3- [(.gamma.-.omega.-perfluoro- C4-16- alkyl)thio]propyl]amino] derivs., sodium salts*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 7 of 45 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 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 CAS = Chemical Abstracts Service. 130 131 In this proposal, the term LCPFAC refers to the long-chain category of 132 perfluorinated carboxylate chemical substances with perfluorinated carbon chain lengths 133 equal to or greater than seven carbons and le ss than or equal to 20 carbons. The category 134 of LCPFAC chemical substances also in cludes the salts and precursors of these 135 perfluorinated carboxylates. See Unit II.A for the specific definition of the LCPFAC 136 category. 137 PFOA and its salts are su bject to this proposal. PFOA and examples of PFOA 138 salts with Chemical Abstract Service Regi stry Numbers and chemical names are shown 139 in Table 2. PFOA and its salts are consid ered LCPFAC chemical substances. EPA 140 believes all uses of PFOA and its salts were phased out by December 31, 2013. 141 Table 2.--PFOA and Exam ples of Its Salts 142 CAS Registry Number (CASRN) Chemical Name335-66-0 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 45 3825-26-1 Octanoic acid, pentadecaf luoro-, ammonium salt (APFO) CAS = Chemical Abstracts Service. 143 The PFAS chemical substances for whic h EPA is modifying an existing SNUR 144 are currently listed in 40 CF R 721.9582(a)(1). All of these chemical substances are 145 collectively referred to in this rule as pe rfluoroalkyl sulfonates, or PFAS chemical 146 substances. In this proposal, the term PFAS refers to a category of perfluorinated 147 sulfonate chemical substances of any chain length. 148 EPA will not designate ongoing uses as signi ficant new uses when the final rule is 149 promulgated, except for uses that will be phased out by the end of 2015. Persons who 150 manufacture or process any of the chemi cals included in the proposed SNUR for an 151 ongoing use at the time this proposed rule is published would be free to continue without 152 submitting a significant new use notice (SNUN). Note, however, that uses not already 153 ongoing as of the publication date of this pr oposed rule, and ongoing uses that will be 154 phased out by the end of 2015, would not be c onsidered ongoing uses if they later arise, 155 even if they are in existen ce upon the issuance of a final rule . Furthermore, uses that are 156 ongoing as of the publication date of this pr oposed rule would not be considered ongoing 157 uses if they have ceased by the date of issu ance of a final rule (see Units IV. and VI. for 158 further discussion of what c onstitutes an ongoing use). Person s who intend to begin or 159 resume commercial manufacture or processing of the chemical substance(s) for a 160 significant new use would have to comply w ith all applicable SNUN requirements. 161 The LCPFAC chemical substances iden tified in Table 1 are known to have 162 current or recent ongoing uses on the basis of their inclusion in reports submitted to the 163 Agency under the 2012 Chemical Data Reporting (CDR) rule. EPA particularly requests 164 comment on whether any of the current uses of any of the specific chemical substances 165*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 9 of 45 identified in Table 1 will continue to be ongoing after December 31, 2015. EPA also 166 requests comment on whether there are currently any ongoing us es, including use as part 167 of articles, of any of the remaining LCPFAC ch emical substances that were not identified 168 during the 2012 CDR. Furthermore, EPA re quests comment on whether there are any 169 ongoing uses of PFOA or its salts, and whethe r PFAS chemical substances are currently 170 imported as part of carpets. EPA would we lcome specific documentation of any such 171 ongoing use. 172 D. Why Is the Agency Taking this Action? 173 These SNURs are necessary to ensure that EPA receives timely advance notice of any 174 future manufacturing (including importing) and processing of these LCPFAC chemical 175 substances for new uses that may produce changes in human and environmental exposures. 176 The rationale and objectives for this SNUR are explained in Unit III. 177 E. What are the Estimated Incremental Impacts of this Action? 178 EPA has evaluated the potential costs of establishing SNUR reporting requirements 179 for potential manufacturers (including importers) and processors of the chemical substances 180 included in this final rule. This analysis, which is available in the docket, is discussed in Unit 181 IX., and is briefly summarized here. 182 In the event that a SNUN is submitted, costs are estimated to be less than $8,700 per 183 SNUN submission for large business submitt ers and $6,300 for small business submitters. 184 These estimates include the cost to prepare and submit the SNUN and the payment of a user 185 fee. In addition, for persons exporting a substance that is the subject of a SNUR, a one-time 186 notice must be provided for the first export or intended export to a particular country, which 187 is estimated to cost less than $100 on average per notification. The rule may also affect firms 188 that plan to import articles that contain LC FPAC chemical substances, because, while not 189 required by the SNUR, these parties may take additional steps to determine whether 190*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 10 of 45 LCPFAC chemical substances are part of the articles that they are considering to import 191 Since EPA is unable to predict whether anyone might engage in future activities that would 192 require reporting, potential total costs were not estimated. 193 II. Chemical Substances Subject to this Proposed Rule 194 A. What LCPFAC Chemical Substances Are Subject to this Proposed SNUR? 195 LCPFAC chemical substances are syntheti c chemicals that do not occur naturally 196 in the environment. The LCPFAC chemical substances are identified as follows, where 197 5 < n < 21 or 6 < m < 21: 198 a. CF 3 (CF 2 ) n -COO M where M = H + or any other group where a formal 199 dissociation can be made; 200 b. CF 3 (CF 2 ) n -CH=CH 2 ; 201 c. CF 3 (CF 2 ) n -C(=O)-X where X is any chemical moiety; 202 d. CF 3 (CF 2 ) m -CH 2 -X where X is any chemical moiety; and 203 e. CF 3 (CF 2 ) m -Y-X where Y = non-S, non-N heteroatom and where X is any 204 chemical moiety. 205 This category definition of LCPFAC chemical substances, based on the chemical 206 structures above, refers to a group of chemical substances containing PFOA and its 207 higher homologues. The category also includes th e salts and precursors of these chemical 208 substances. The precursors may be simple derivatives of PFOA and higher homologues 209 or polymers that contain or may degrad e to PFOA or higher homologues. These 210 precursors include long-chain fluorotelomers. LCPFAC chemical substances with greater 211 than 20 perfluorinated carbons can be consid ered polymers within the polymer exemption 212 under 40 CFR 723.250 because they exceed a mo lecular weight of 1,000 daltons and 213 contain at least three monomer units. As it is not EPA’s intent to regulate fluoropolymers 214*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 11 of 45 in this proposed rule, the LCPFAC cate gory in this proposed rule includes a 215 perfluorinated carbon chain length upper limit of 20. 216 In this proposal, PFOA and its salts incl udes the chemical substances listed in 217 Table 2. PFOA and its salts are consid ered LCPFAC chemical substances. 218 Under this proposed rule, any LCPFAC chemical substance identified by 40 CFR 219 721.10536 (b)(1)(i) through (b)(1)(v) that is intentionally used during fluoropolymer 220 formulation, such as an emulsion stabilizer inaqueous dispersions, would be subject to 221 reporting for the significant new uses descri bed in 40 CFR 721.10536 (b)(4)(i) through 222 (b)(4)(iv) . For example, ammonium perfluorooctanoate (APFO) – when used as an aqueous 223 dispersion agent in fluoropolymer production – is subject to this SNUR if the final 224 fluoropolymer product is used for a significant new use described in 40 CFR 721.10536 225 (b)(4)(i) through (b)(4)(iv). 226 B. What PFAS Chemical Substances Are Subject to this Proposed SNUR? 227 PFAS refers to a category of perfluorinat ed sulfonate chemical substances of any 228 chain length. The PFAS chemical substances for which EPA is proposing to modify an 229 existing SNUR are currently listed in 40 CFR 721.9582(a)(1). 230 C. What Are the Uses and Production Levels of LCPFAC Chemical Substances? 231 PFOA, a member of the LCPFAC category, is a synthetic (man-made) chemical 232 that does not occur naturally in the environment. PFOA is manufactured for use primarily 233 as an aqueous dispersion agent as th e ammonium salt in the manufacture of 234 fluoropolymers. PFOA can also be produced uni ntentionally by the degradation of some 235 fluorotelomers, which are not manufacturedusing PFOA but could degrade to PFOA. 236 DuPont, which was the last company to manufacture (including import) PFOA and its 237 salts in the United States, ceased all producti on (including import) of PFOA and its salts 238*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 12 of 45 in 2013 (Ref. 3). 239 Fluoropolymers provide nonstick surfaces for cookware and other products, are 240 used as molded automotive parts, and have many other applications. 241 Polytetrafluoroethylene (PTFE) is the dominant fluoropolymer, accounting for 58% (by 242 weight) of world fluoropolymer consump tion in 2012 (Ref. 4). The United States 243 accounted for 20% of the world consumpti on of PTFE in 2012 and 40% of the world 244 consumption of other fluoropolymers. 245 Fluorotelomers, oligomers of te trafluoroethylene, are relatively small 246 functionalized molecules used to make pol ymers and surfactants. World-wide production 247 of fluorotelomer-based polymers (FTBP) was estimated at 20 million pounds in 2006. 248 Fluorotelomer monomers and FT BP are included in the LCPF AC category definition as 249 potential LCPFAC precursors (Ref. 5). The United States accounts for more than 50 250 percent of world-wide fluorotelomer/FTPB production. Textiles and apparel account for 251 approximately 50 percent of the volume used (Ref. 1). 252 In January 2006, EPA launched the 2010/2015 PFOA Stewardship Program 253 (PFOA Stewardship Program) in partnership with eight companies: DuPont, Solvay 254 Solexis, Asahi Glass Company, Daikin America, Inc., Clariant International Ltd., 255 3M/Dyneon, Arkema Inc. and BASF (formerly Ciba Specialty Chemicals Corporation) 256 (Ref. 2). These companies represent a ma jority of global manufacture of LCPFAC 257 chemical substances (Ref. 6). The program set a goal of reducing f acility emissions and 258 product content of LCPFAC chemical substan ces on a global basis by 95 percent, no later 259 than 2010, and to eliminate emissions and product content of these chemicals by 2015. 260 With the exception of one manufacturer who has not participated in the PFOA 261 Stewardship Program, these companies accounted for the total volume of LCPFAC 262*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 13 of 45 chemical substances reported on the 2012 CDR (see Table 2). Since these chemical 263 substances are proprietary chemicals, they are not expected to be manufactured by any 264 other company. The eight partic ipating companies have info rmed EPA that they are on 265 track to phase out LCPFAC chemical s ubstances by the end of 2015 (Ref. 7). 266 Based on the 2012 CDR, there was one additional manufacturer of certain 267 LCPFAC chemical substances who has not participated in th e PFOA Stewardship 268 Program. This company manufactures a sma ll volume of LCPFAC chemical substances, 269 compared to the volume of LCPFAC chemical substances manufactured by PFOA 270 Stewardship Program companies, and those chemicals are primarily used in fire fighting 271 foams. This company has expressed an interestin participating in the phase out goal of 272 the PFOA Stewardship Program and has already submitted PMNs for chemical 273 substitutes of their current LCPFAC chemical substances. Other than the PFOA 274 Stewardship Program companies and this one company, there were no other companies 275 that reported manufacture (including import) of LCPFAC chemical substances in the 276 2012 CDR. Any domestic companies still manufacturing LCPFAC chemical substances 277 are most likely obtaining the feedstocks for that manufacturing pr ocess from companies 278 participating in the PFOA Stewardship Progr am. For these companies to continue 279 manufacturing LCPFAC chemical substances , they would need the feedstock and 280 finished LCPFAC chemical substances curren tly supplied by companies participating in 281 the PFOA Stewardship Program. As the PFOA Stewardship Program member companies 282 phase out their manufacture of those substanc es and customer demand continues to shift 283 from LCPFAC chemical substances to alternatives, EPA believes that the manufacture of 284 LCPFAC chemical substances by companies notparticipating in the PFOA Stewardship 285 Programs are likely to cease by Decemb er 31, 2015. EPA would like to receive 286*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 14 of 45 comments addressing the extent to which companies manufacturing specific LCPFAC 287 chemical substances for particular uses are utilizing existing sources that are not 288 dependent on the PFOA Stewardship Program member companies and that are expected 289 to continue after December 31, 2015. Because sp ecific uses of those specific chemicals 290 would be considered ongoing, they would be out side the scope of the significant new use 291 when finalized. 292 D. What Are the Uses and Production Levels of PFAS Chemical Substances? 293 The Agency previously determined that the 271 PFAS chemical substances 294 identified in 40 CFR 721.9582(a )(1) were no longer being manufactured for any use in 295 the United States, other than for the uses listed under 40 CFR 721.9582 (a)(3), (a)(4), and 296 (a)(5) (67 FR 72854, December 9, 2002) (FRL-7279-1) and (72 FR 57222, October 9, 297 2007) (FRL-8150-4)). PFAS chemical subs tances included in 40 CFR 721.9582 were 298 previously used in a variety of products, which can be divided into three main use 299 categories: Surface treatments, paper protecti on, and performance chemicals. In the past, 300 PFAS chemical substances in the performance chemicals category were used in a wide 301 variety of specialized industrial, commercia l, and consumer applications. Specific 302 applications included fire fighting foams, mining and oil well surfactants, acid mist 303 suppressants for metal plating and electronic etching baths, alkaline cleaners, floor 304 polishes, inks, photographic film, denture cl eaners, shampoos, chemical intermediates, 305 coating additives, carpet spot clean ers, and as an insecticide inbait stations for ants (Ref. 306 8). In some instances, PFAS chemical substances are no longer used fo r the uses listed in 307 40 CFR 721.9582 (a)(3), (a)(4), and (a)(5) as a result of new substitutes developed and 308 production and processing changes implemented by companies to eliminate the need for 309 use of PFAS chemical substances. In addi tion, since those chemicals are no longer 310*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 15 of 45 manufactured (including imported) other than for the listed uses, EPA believes that those 311 chemical substances are also no longer pr ocessed other than fo r those listed uses. 312 E. What Are the Potential Health and En vironmental Effects of LCPFAC Chemical 313 Substances? 314 315 The following brief summary of chemistry, environmental fate, exposure 316 pathways, and health and environmental effect s of LCPFAC chemical substances is based 317 on the December 30, 2009 Long-Chain Perfluorin ated Chemicals Action Plan (Ref. 1), 318 references cited in the 2009 Action Plan, a nd additional selected references published 319 after the Action Plan. 320 PFOA is persistent, widely present in hu mans and the environment, has long half321 lives in humans, and can cause adverse eff ects in laboratory animals, including cancer 322 and developmental and systemic toxicity (Refs. 9, 10, 11, 12, and 13). PFOA precursors, 323 chemicals which degrade or may degrade to PFOA, are also present worldwide in 324 humans and the environment and, in some cases, might be present at higher 325 concentrations than PFOA and be more toxic (Refs. 14, 15, 16, 17, and 18). PFOA higher 326 homologues are chemicals with carbon chai n lengths longer than PFOA. Available 327 evidence suggests that toxicity and bioaccumu lation appear to be higher for chemical 328 substances with longer carbon ch ain lengths compared to thos e with shorter chain lengths 329 (Refs. 19, 20, 21, and 22). 330 LCPFAC chemical substances have been de tected in biota, ai r, water, dust, and 331 soil samples collected throughout the world. Some LCPFAC chemical substances have 332 the potential for long-range transport. They are transported over long distances by a 333 combination of dissolved-phase ocean and gas-phase atmospheri c transport; however, 334*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 16 of 45 determining which is the predominant transport pathway is complicated by many factors, 335 including the uncertainty over water to atmosphere partiti oning. Furthermore, there is 336 evidence that transport and subsequent oxi dation of volatile alc ohol LCPFAC chemical 337 substance precursors contribute to the leve ls of LCPFAC chemical substances in the 338 environment. 339 For a more detailed summary of background information (e.g., chemistry, 340 environmental fate, exposure pathways, and h ealth and environmental effects), as well as 341 references pertaining to LCPFA C chemical substances, please refer to Unit IV. of EPA’s 342 initial proposed SNUR on LCPFAC chemical substances issued in the Federal Register 343 of August 15, 2012 (77 FR 48924) (FRL-9358-7) (Ref. 8). 344 F. What Are the Potential Health and Environmental Effects of PFAS Chemical 345 Substances? 346 347 PFAS chemical substances degrade ultim ately to perfluoroalkylsulfonic acid 348 (PFASA), which can exist in the anionic fo rm under environmental conditions. Further 349 degradation of PFASA is not observed under normal environmental conditions. PFASA 350 is highly persistent in the environment a nd has a tendency to bioaccumulate (Ref. 23). 351 PFASA can continue to be formed by a ny PFAS containing chemical substances 352 introduced into the environment. 353 Studies have found PFAS chemical substan ces containing five to fourteen carbons 354 (C5-C14) in the blood of the general human population as well as in wildlife, indicating 355 that exposure to these chemical substances is widespread (Refs. 1, 4, 24, 25, 26, and 27). 356 The widespread presence of PFAS chemi cal substances in human blood samples 357 nationwide suggests other pathways of expos ure, possibly including the release of PFAS 358 from treated articles. 359*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 17 of 45 Biological sampling has shown the presen ce of certain perf luoroalkyl compounds 360 in fish and in fish-eating birds across th e United States and in locations in Canada, 361 Sweden, and the South Pacific (Refs. 24 and 25). The wide distribution of the chemical 362 substances in high trophic levels is strongly suggestive of the potential for 363 bioaccumulation and/or bioconcentration. 364 Based on currently available information, EPA believes that while all PFAS 365 chemical substances are expected to persist, the length of the perf luorinated chain may 366 also have an effect on bioaccumulation and t oxicity, which are also characteristics of 367 concern for these chemical substances. PFA S chemical substances with longer carbon 368 chain lengths may be of greater concern thanthose with shorter chain lengths (Refs. 4, 369 19, and 20). 370 The hazard assessment published by the Organization for Economic Cooperation 371 and Development (Ref. 8) concluded that perf luorooctyl sulfonates ( PFOS) are persistent, 372 bioaccumulative and toxic to mammalian speci es. While most studies to date have 373 focused primarily on PFOS, structure-activity relationship analysis indicates that the 374 results of those studies are applicable to th e entire category of PFAS chemical substances, 375 which includes PFOS. Available test data have raised concerns about their potential 376 developmental, reproductive, and systemic toxicity (Refs. 1, 16, 24, and 25). 377 For a more detailed summary of background information (e.g., chemistry, 378 environmental fate, exposure pathways, and h ealth and environmental effects), as well as 379 references pertaining to PFA S chemical substances, please refer to EPA’s proposed 380 SNURs on PFAS chemical substances issued in the Federal Registerof October 18, 381 2000 (65 FR 62319) (FRL-6745-5), March 11, 2002 (67 FR 11014) (FRL-6823-7), and 382 March 10, 2006 (71 FR 12311) (FRL-7740-6) (Ref s. 24 and 28). Also, refer to December 383*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 18 of 45 30, 2009 Long-Chain Perfluorinated Ch emicals Action Plan (Ref. 1). 384 III. Rationale and Objectives 385 A. Rationale 386 EPA is concerned about the effects LC PFAC and PFAS chemical substances may 387 have on human health and the environment. As discussed in Unit II., LCPFAC and PFAS 388 chemical substances are found world-wide inthe environment, wildlife, and humans. 389 They are bioaccumulative in wildlife and humans, and are persistent in the environment. 390 They are toxic to laboratory animals, producing reproductive, developmental, and 391 systemic effects in laboratory tests. Th e exact sources and pathways by which these 392 chemicals move into and through the envir onment and allow humans and wildlife to 393 become exposed are not fully understood, but are likely to include releases from 394 manufacturing of the chemicals, processing of these chemicals into products, and aging, 395 wear, and disposal of products containing them. 396 Since the manufacture and processing of LCPFAC chemical substances listed in 397 Table 1 will be discontinued after December 31, 2015, as committed by the principal 398 manufacturers of LCPFAC chemical substan ces participating in the PFOA Stewardship 399 Program, EPA expects the presence of LCPFAC chemical substances in humans and the 400 environment to decline over time as has b een observed in the pa st when production and 401 use of other persistent chemicals has ceas ed (Ref. 29). Similarly, EPA expects other 402 LCPFAC chemicals substances to decline as well since the manufacture and processing 403 of those has ceased, as observed by the abse nce of reporting in CDR. In addition, EPA 404 expects the presence of PFAS chemical s ubstances to decline in humans and the 405 environment since PFAS is no longer imported as part of carpets. EPA is concerned that 406 the manufacturing or processing of these chemi cal substances for the proposed significant 407*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 19 of 45 new uses could be reinitiated in the future . If reinitiated, EPA believes that such use 408 would significantly increase the magnitude and duration of exposure to humans and the 409 environment to these chemical substances. 410 Accordingly, EPA wants the opportunity to evaluate and control, where 411 appropriate, activities associated with thos e uses, if such manu facturing (including 412 importing) or processing were to start or re sume. The required notification provided by a 413 SNUN would provide EPA with the opportunity to evaluate activities associated with a 414 significant new use and an opportunity to protec t against unreasonable risks, if any, from 415 exposure to LCPFAC chemical substances. 416 Consistent with EPA’s past practice for issuing SNURs under TSCA section 417 5(a)(2), EPA’s decision to propose a SNUR for a particular chemical use need not be 418 based on an extensive evaluation of the hazard, e xposure, or potential ri sk associated with 419 that use. Rather, the Agency’s action is ba sed on EPA’s determination that if the use 420 begins or resumes, it may present a risk th at EPA should evaluate under TSCA before the 421 manufacturing or processing for that use be gins. Since the new use does not currently 422 exist, deferring a detailed consideration of potenti al risks or hazards related to that use is 423 an effective use of resources. If a person d ecides to begin manufacturing or processing 424 the chemical for the use, the notice to EPA allows EPA to evaluate the use according to 425 the specific parameters and circum stances surrounding that intended use. 426 B. Objectives 427 Based on the considerations in Unit III. A., EPA wants to achieve the following 428 objectives with regard to the significant new use(s) that are designated in this proposed 429 rule: 430 1. EPA would receive notice of any pers on’s intent to manufacture or process 431*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 20 of 45 LCPFAC chemical substances, PFOA or its salts, or PFAS chemical substances for the 432 described significant new use before that activity begins. 433 2. EPA would have an opportunity to review and evaluate data submitted in a 434 SNUN before the notice submitter begins manufacturing or processing these chemical 435 substances for the described significant new use. 436 3. EPA would be able to regulate pros pective manufacturers or processors of 437 these chemical substances before the desc ribed significant new use of the chemical 438 substance occurs, provided that regulation is warranted pursu ant to TSCA sections 5(e), 439 5(f), 6 or 7. 440 IV. Significant New Use Determination 441 Section 5(a)(2) of TSCA states that EPA’ s determination that a use of a chemical 442 substance is a significant new us e must be made after consider ation of all relevant factors 443 including: 444 • The projected volume of manufacturing and processing of a chemical 445 substance. 446 • The extent to which a use changes th e type or form of exposure of human 447 beings. 448 or the environment to a chemical substance. 449

• The extent to which a use increases the magnitude and duration of exposure of 450 human beings or the environment to a chemical substance. 451 • The reasonably anticipated manner and methods of manufacturing, processing, 452 distribution in commerce, and disposal of a chemical substance. 453 In addition to these factors enumerated in TSCA section 5(a)(2), the statute 454 authorizes EPA to consider a ny other relevant factors. 455*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 21 of 45 To determine what would constitute a significant new use of the LCPFAC and 456 PFAS chemical substances s ubject to this proposed rule , as discussed herein, EPA 457 considered relevant information about the t oxicity of these substances, trends in blood 458 levels, likely human exposures and environmenta l releases associated with possible uses, 459 and the four factors listed insection 5(a)(2 ) of TSCA. 460 As discussed in Unit III.A., once the manufacture (inc luding import) and 461 processing of LCPFAC chemical substances for these uses discontinue in the United 462 States, exposure will decrease over time. EP A expects their presence in humans and the 463 environment to concomitantly decline over ti me. If any of the new use of LCPFAC 464 chemical substances were to begin after phasing out, EPA believes that such use could 465 both change the type and form and increas e the magnitude and duration of human and 466 environmental exposure to the substances, c onstituting a significant new use. Based on 467 consideration of the statutory factors discu ssed herein, EPA has preliminary determined 468 the following uses as significant new uses: 469 • Manufacturing (including importing) or processing of LCPFAC chemical 470 substances listed in Table 1 for any uses that are no longer ongoi ng after December 31, 471 2015. 472 • Manufacturing (including importing) or processing of PFOA or its salts for any 473

use. 474 • Manufacturing (including importing) or processing of all other LCPFAC 475 chemical substances for any use not ongoing as of the date on which this proposed rule is 476 published. 477 EPA’s Office of Research and De velopment has conducted research 478 demonstrating that perfluorinated chemical s contained in articles of commerce can be 479*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 22 of 45 released from those articles. For inst ance, one study observed the removal of 480 perfluorinated chemicals from treated carpet as a result of carpet cleaning and showed 481 that perfluorinated chemical s contained in treated carpet could be released to the 482 environment (Ref. 30). A second study indicate d that perfluorinated chemicals could be 483 released from treated medical garments w ith water alone (Ref. 31). LCPFAC chemical 484 substances may be similarly released from related articles. EPA believes that once 485 manufacturing of LCPFAC chemi cal substances have been phased out, there will be 486 fewer articles containing the chemicals subs tances in the public domain over time and 487 thus, exposure through articles will decreaseover time. EPA believes any new use of 488 LCPFAC chemical substances as part of articles would increase the duration and 489 magnitude of human and environmental expo sure to the substances. Based on these 490 considerations, EPA has preliminarily de termined that importing LCPFAC chemical 491 substances listed in Table 1 and PFOA or its salts as part of articles constitutes a 492 significant new use and warrants making inappl icable the article exemption at 40 CFR 493 721.45(f). However, import of fluoropolymer dispersions and emulsions, and 494 fluoropolymers as part of article s, containing PFOA or its salts was not determined to be 495 a significant new use because this use is currently ongoing. 496 Except for the ongoing uses specified in 40 CFR 721.9582 (a)(3) through (a)(5), 497 the Agency believes the manufacture (incl uding import) and processing of any of the 498 PFAS chemical substances s ubject to this rule has b een discontinued. Currently, 499 exposure to PFAS chemical substances occu r from ongoing uses characterized as low 500 volume, low exposure uses or, for the general public, through existing articles containing 501 PFAS chemicals that entered into the market prior to phasing out the chemical 502 substances. If import of these chemicals as part of carpets were to begin, it would change 503*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 23 of 45 the type and form of exposure. Because these chemicals are persistent and 504 bioaccumulative, any new use, including import as part of carpets, of PFAS chemical 505 substances would increase the magnitude a nd duration of exposure to humans and the 506 environment relative to what currently exis ts. Based on these considerations of the 507 statutory factors discussed in this Unit, EP A has also preliminarily determined that 508 importing PFAS chemical substances listed at 40 CFR 721.9582 as part of carpets 509 constitutes as significant new use and warra nts making inapplicable the exemption at 40 510 CFR 721.45(f). 511 As noted in Unit V., EPA is proposing that the exemption at 40 CFR 721.45(f) 512 remain in effect for persons who process chemi cal substances as part of articles because 513 existing stocks of articles may still contain LCPFAC or PFAS chemical substances. 514 A summary table of the dates relevant to EPA’s preliminary determinations is 515 shown below: 516 Table 3.--Significant New Uses for LC PFAC Chemical Substa nces, PFOA and Its 517 Salts, Other LCPFAC Chemical Substa nces, and PFAS Chemical Substances 518 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 V. Applicability of General Provisions 520 General provisions for SNURs appear under 40 CFR part 721, subpart A. These 521 provisions describe persons subject to the ru le, recordkeeping requirements, exemptions 522 to reporting requirements, and applicability of the rule to uses occurring before the 523 effective date of the final rule. However, EPA is proposing that the exemption at 40 CFR 524*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 24 of 45 721.45(f) not apply to persons who import LCPF AC chemicals substances listed in Table 525 1, PFOA or its salts (See Table 2 for examples of PFOA salts), and PFAS chemicals 526 substances listed in 40 CFR 721.9582. As a resu lt, persons subject to the provisions of 527 this proposed rule would not be exempt from significant new use reporting if they import 528 those LCPFAC chemical substances or PFOA or its salts as pa rt of articles or if they 529 import PFAS chemical substances as part of carpets. However, EPA is also proposing 530 that the exemption at 40 CFR 721.45(f) re main in effect for persons who process 531 chemical substances as part of an article because existing stocks of articles may still 532 contain LCPFAC or PFAS chemical substances. Provisions relating to us er fees appear at 533 40 CFR part 700. According to 40 CFR 721.1(c), persons subject to SNURs must comply 534 with the same notice requirements and EPA regulatory procedures as submitters of 535 Premanufacture Notices (PMNs) under TSCA section 5(a)(1 )(A). In particular, these 536 requirements include the information submi ssions requirements of TSCA section 5(b) 537 and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and 538 (h)(5), and the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA may 539 take regulatory action under TSCAsection 5(e), 5(f), 6 or 7 to control the activities on 540 which it has received the SN UN. If EPA does not take action, EPA is required under 541 TSCA section 5(g) to explain in the Federal Registerits reasons for not taking action. 542 Persons who export or intend to export a chemical substance identified in the 543 proposed or final SNUR are s ubject to the export notificati on provisions of TSCA section 544 12(b). The regulations that interpret TSCAsection 12(b) appear at 40 CFR part 707, 545 subpart D. In accordance with 40 CFR 707.60(b), this proposed SNUR does not trigger 546 notice of export for articles. Pe rsons who import a chemical s ubstance identified in a final 547 SNUR are subject to the TSCA section 13 import certification require ments, codified at 548*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 25 of 45 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Such persons must certify that 549 the shipment of the chemical substance complies with all applicable rules and orders 550 under TSCA, including any SNUR requirement s. The EPA policy in support of import 551 certification appears at 40 CFR part 707, subpart B. 552 VI. Applicability of Rule to Uses Occurring Before Effective Date of the Final Rule 553 As discussed in the Federal Registerof April 24, 1990 (55 FR 17376), EPA has 554 decided that the intent of s ection 5(a)(1)(B) of TSCA is best served by designating a use 555 as a significant new use as of the date of publication of the pr oposed rule rather than as of 556 the effective date of the final rule. If us es begun after publication of the proposed rule 557 were considered ongoing rather than new, it would be difficult for EPA to establish 558 SNUR notice requirements, because a person could defeat the SNUR by initiating the 559 proposed significant new use before the rule became final, and then argue that the use 560 was ongoing as of the effective date of th e final rule. Thus, persons who begin 561 commercial manufacture or pro cessing of the chemical s ubstance(s) that would be 562 regulated through this proposed rule , if finalized , would have to cease any such activity 563 before the effective date of the rule if and when finalized. To resume their activities, 564 these persons would have to comply with al l applicable SNUR notice requirements and 565 wait until the notice review peri od, including all extensions, expi res. Uses arising after 566 the publication of the proposed rule are disti nguished from uses that exist at publication 567 of the proposed rule. The former would be new uses, the latter ongoing uses, except that 568 uses that are ongoing as of the publication of the proposed rule would not be considered 569 ongoing uses if they have ceased by the date of issuance of a final rule (as EPA expects 570 for the LCPFAC chemical substances listed in Table 1 and PFOA or its salts). To the 571 extent that additional ongoing uses are f ound in the course of rulemaking, EPA would 572*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 26 of 45 exclude those specific chemical substances fo r those specific uses from the final SNUR. 573 EPA has promulgated provisions to allow persons to comply with the final SNUR before 574 the effective date. If a person were to m eet the conditions of a dvance compliance under 575 40 CFR 721.45(h), that person woul d be considered to have met the requirements of the 576 final SNUR for those activities. 577 VII. Test Data and Other Information 578 EPA recognizes that TSCA section 5 doe s not usually require developing any 579 particular test data before submission of a SNUN. There are two exceptions: 1) 580 development of test data is re quired where the chemical substance subject to the SNUR is 581 also subject to a test rule under TSCA section 4 (see TSCA section 5(b)(1)); and 2) 582 development of test data may be necessary wh ere the chemical substance has been listed 583 under TSCA section 5(b)(4) (see TSCA secti on 5(b)(2)). In the absence of a TSCA 584 section 4 test rule or a TSCA section 5(b )(4) listing covering the chemical substance, 585 persons are required only to submit test data intheir possession or c ontrol and to describe 586 any other data known to or reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 587 721.25; and 40 CFR 720.50). However, as a general matter, EPA recommends that 588 SNUN submitters include data that would pe rmit a reasoned evaluation of risks posed by 589 the chemical substance during its manufacture, processing, use, distribution in commerce, 590 or disposal. EPA encourages persons to consult with the Agency before submitting a 591 SNUN. As part of this optional pre-notice consultation, EPA would discuss specific data 592 it believes may be useful in evaluating a significant new use. SNUNs submitted for 593 significant new uses without any test data may increase the likelihood that EPA will take 594 action under TSCA section 5(e) to prohibit or limit activities associated with this 595 chemical. 596*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 27 of 45 SNUN submitters should be aware thatEPA will be better able to evaluate 597 SNUNs that provide detailed information on: 598 1. Human exposure and environmenta l releases that may result from the 599 significant new uses of the chemical substance. 600 2. Potential benefits of the chemical substance. 601 3. Information on risks posed by the ch emical substances compared to risks 602 posed by potential substitutes. 603 VIII. SNUN Submissions 604 EPA recommends that submitters consult with the Agency prior to submitting a 605 SNUN to discuss what data may be usef ul in evaluating a significant new use. 606 Discussions with the Agency prior to submission can afford ample time to conduct any 607 tests that might be helpful in evaluating ri sks posed by the substance. According to 40 608 CFR 721.1(c), persons submitting a SNUN must comply with the same notice 609 requirements and EPA regulatory procedures as persons submitting a PMN, including 610 submission of test data on health and envi ronmental effects as described in 40 CFR 611 720.50. SNUNs must be submitted on EPA Form No. 7710-25, generated using e-PMN 612 software, and submitted to the Agency in accord ance with the procedures set forth in 40 613 CFR 721.25 and 40 CFR 720.40. e-PMN software is available electronically at 614 http://www.epa.gov/opptintr/newchems

. 615 IX. Economic Analysis 616 A. SNUNs 617 EPA has evaluated the potential co sts of establishing SNUR reporting 618 requirements for potential manufacturers and processors of the chemical substance 619 included in this proposed rule (Ref. 32). Inthe event that a SNUN is submitted, costs are 620*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 28 of 45 estimated at approximately $8,589 per SNUN submission for large business submitters 621 and $6,189 for small business submitters. These es timates include the cost to prepare and 622 submit the SNUN, and the payment of a user fee. Businesses that submit a SNUN would 623 be subject to either a $2,500 user fee require d by 40 CFR 700.45(b)(2)(iii), or, if they are 624 a small business with annual sales of less than $40 million when combined with those of 625 the parent company (if any), a reduced us er fee of $100 (40 CFR 700.45(b)(1)). The costs 626 of submission of SNUNs will not be incurred by any company unless a company decides 627 to pursue a significant new use as defined in this proposed SNUR. 628 The proposed SNUR would require notific ation to EPA before the importation of 629 articles containing LCPFAC chemical substanc es listed in Table 1, or PFOA and its salts. 630 While not required by the propos ed SNUR, companies importi ng articles containing these 631 chemical substances may take additional steps to determine whether these chemical 632 substances are part of the articles they ar e considering to import. Companies typically 633 have an understanding of the contents of the articles they import or process; however, 634 there may be instances when companies deci de to gather additional information about 635 these articles from suppliers if not currently available. EPA believes that the costs 636 associated with such information gathering activities would be mini mal for this proposed 637 SNUR because these chemical substances are un likely to be available for use in articles 638 after December 31, 2015. EPA’s complete economi c analysis is available in the public 639 docket for this propos ed rule (Ref. 32). 640 B. Export Notification 641 Under section 12(b) of TSCA and the implementing regulations at 40 CFR part 642 707, subpart D, exporters must notify EPA if th ey export or intend to export a chemical 643 substance or mixture for which, among othe r things, a rule has been proposed or 644*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 29 of 45 promulgated under TSCA section 5. For persons exporting a substance that is the subject 645 of a SNUR, a one-time notice must be provided for the first export or intended export to a 646 particular country. The total costs of export notification will vary by chemical, 647 depending on the number of required notifications (i.e., the number of countries to which 648 the chemical is exported). EPA is unable to make any estimate of the likely number of 649 export notifications for the chemical covered in this proposed SNUR. 650
C. Import Chemical Substances as Part of an Article 651 In proposing to make inapplicable the exemption relating to persons that import 652 certain chemical substances as part of an artic le, this action may affect firms that plan to 653 import types of articles that may contain th e subject chemical substance. Some firms 654 have an understanding of the contents of the articles they import. However, EPA 655 acknowledges that importers of articles may have varying levels of knowledge about the 656 chemical content of the articles that they import. These parties may need to become 657 familiar with the requirements of the rule . And, while not require d by the SNUR, these 658 parties may take additional steps to determin e whether the subject chemical substances 659 are part of the articles that they are c onsidering to import. This determination may 660 involve activities such as gathering inform ation from suppliers along the supply chain, 661 and/or testing samples of the article itself. Costs vary across the activities chosen and the 662 extent of familiarity a firm has regarding the articles it imports. Cost ranges are 663 presented in the Agency’s Economic Analysis for this rulemaking (Ref. 32). Based on 664 available information, EPA believes that articl e importers that choose to investigate their 665 products would incur costs at the lower end of the range s presented in the Economic 666 Analysis. For those companies choosing to undertake actions to assess the composition 667 of the articles they import, EPA expects that in all likelihood, these importers would 668*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 30 of 45 take actions that are commensurate with the level of risk (of a chemical to be a part of an 669 article) that each company perceives, and the resources it has available. 670 X. Alternatives 671 Before proposing this SNUR, EPA consider ed the following alternative regulatory 672 actions: 673 A. Promulgate a TSCA Section 8(a) Reporting Rule 674 Under a TSCA section 8(a) rule, EP A could, among other things, generally 675 require persons to report information to the Agency when they intend to manufacture or 676 process a listed chemical for a specific use or any use. However, for LCPFAC and PFAS 677 chemical substances, the use of TSCA secti on 8(a) rather than SNUR authority would 678 have several limitations. First, if EPA were to require reporting under TSCA section 8(a) 679 instead of TSCA section 5(a), EPA would nothave the opportunity to review human and 680 environmental hazards and exposures associat ed with the proposed significant new use 681 and, if necessary, take immediate follow-up regu latory action under TSCAsection 5(e) or 682 5(f) to prohibit or limit the activity before it begins. In addition, EPA may not receive 683 important information from small businesses, because such firms generally are exempt 684 from TSCA section 8(a) reporting requirements. In view of the level of health and 685 environmental concerns about LCPFAC and PFAS chemical substances if used for the 686 proposed significant new use, EPA believes th at a TSCA section 8(a) rule for this 687 substance would not meet EPA’s regulatory objectives. 688 B. Regulate LCPFAC Chemical Substances Under TSCA Section 6 689 EPA may regulate under TSCA section 6 if “the Administrator finds that there is a 690 reasonable basis to conclude th at the manufacture, processi ng, distribution in commerce, 691 use or disposal of a chemical substance or mixture . . . presents or will present an 692*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 31 of 45 unreasonable risk of injury to health or the environment.” (TSCA section 6(a)). Given 693 that these chemical substances are believed to be phasing out, EPA c oncluded that risk 694 management action under TSCA section 6 is not necessary at this time. However, if EPA 695 determines that there are persons who intend to manufacture or process these chemicals, 696 EPA may decide to regulate LCPFAC chemical substances under TSCA section 6. This 697 proposed SNUR would allow the Agency to ad dress the potential risks associated with 698 the proposed significant new use. 699 XI. Request for Comment 700 A. Do You Have Comments or Information About Ongoing Uses? 701 EPA welcomes comments on any asp ect of this proposed SNUR. EPA 702 particularly requests comment on whether any of the current uses of any of the specific 703 LCPFAC chemical substances identified in Table 1 will continue to be ongoing after 704 December 31, 2015 or whether there are any ongoi ng uses of those identified in Table 2. 705 EPA also requests comment on whether there are currently any ongoing uses, including 706 use as part of articles, of any of the remaining LCPFAC chemical s ubstances that were 707 not identified in the 2012 CDR. EPA w ould welcome specific documentation of any 708 such ongoing use. 709 B. What Should I Consider as I Prepare My Comments for EPA? 710 1. Submitting CBI. It is EPA's policy to include all comments received in the 711 public docket without change or further no tice to the commenter and to make the 712 comments available on-line at www.regulations .gov, including any personal information 713 provided, unless a comment includes informati on claimed to be Confidential Business 714 Information (CBI) or other information whose di sclosure is restricted by statute. Do not 715 submit this information to EPA through regulations.gov or email. Clearly mark the part 716*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 32 of 45 or all of the information that you claim to be CBI. For CBI information in a disk or CD717 ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then 718 identify electronically within the disk or CD-ROM the specific information that is 719 claimed as CBI. In addition to one comple te version of the comment that includes 720 information claimed as CBI, a copy of the co mment that does not contain the information 721 claimed as CBI must be submitted for inclusion in the public docket. Information so 722 marked will not be disclosed except in accordance with procedures set forth in 40 CFR 723 part 2, subpart B. 724 2. Tips for preparing your comments. When submitting comments, remember to: 725 i. Identify the document by docket ID nu mber and other identifying information 726 (subject heading, Federal Register date and page number). 727 ii. Follow directions. The Agency may ask you to respond to specific questions or 728 organize comments by referencing a Code of Federal Regulations (C FR) part or section 729 number. 730 iii. Explain why you agree or disagree; suggest alternatives and substitute 731 language for your requested changes. 732 iv. Describe any assumptions and provid e any technical information and/or data 733 that you used. 734 v. If you estimate potential costs or bu rdens, explain how you arrived at your 735 estimate in sufficient detail to allow for it to be reproduced. 736 vi. Provide specific examples to illustrate your concerns and suggest alternatives. 737 vii. Explain your views as clearly as possible, avoidi ng the use of profanity or 738 personal threats. 739 viii. Make sure to submit your comments by the comment period deadline 740*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 33 of 45 identified. 741 XII. References 742 The following is a listing of the documents that are specifically referenced in this 743 document. The docket includes these documen ts and other information considered by 744 EPA, including documents that are referencedwithin the documents that are in the 745 docket, even if the referenced document is not physically located in the docket. For 746 assistance in locating these other documents, please consult the technical person listed 747 under FOR FURTHER INFORMATION CONTACT

. 748 1. EPA. “Long-Chain Perfluorinat ed Chemicals Action Plan.” December 30, 2009. 749 2. EPA. 2010/2015 PFOA Stewardship Program. 2006. 750 http://www.epa.gov/oppt/pfoa/pubs/stewardship/index.html

. 751 3. Rizzuto, Pat. “DuPont Ceases PFOA Manufac ture, Is on Track to Stop All Uses By 752 End of 2014.” Bloomberg BNA Daily Environmental Report. December 5, 2013.. 753 4. 3M Company. “Perfluorooctane Sulfonate: Current Summary of Human Sera, 754 Health and Toxicology Data.” St . Paul, Minnesota, January 21, 1999. 755 5. Washington, J.W., et al. “Degradability of an Acrylate-Linked Fluorotelomer 756 Polymer in Soil.” Environmental Science & Technology 2009, 43: 6617-6623. 757 6. EPA. PFOA Stewardship Program Baseline Year Summary Report. 2007. 758 http://epa.gov/oppt/pfoa/pubs/ste wardship/sumrpt.html#background

. 759 7. EPA. “Industry Progressing in Voluntar y Effort to Reduce Toxic Chemicals.” 760 February 10, 2012. 761 8

. EPA. “Perfluoroalkyl Sulfonates and Long-Chain Perfluoroalkyl Carboxylate 762 Chemical Substances; Proposed Significant New Use Rule, Proposed Rule.” (77 FR 763 48924; August 15, 2012) 764*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 34 of 45 9. Butt, C.M., et al. “Levels and Trends of Poly- and Perfluorinated Compounds in 765 the Arctic Environment.” Science Total Environment 2010, 408: 2936–2965. 766 10. Houde M., et al. “Biological Monito ring of Polyfluoroalkyl Substances: A 767 Review.” Environmental Sc ience and Technology 2006, 40: 3463–3473. 768 11. Calafat A.M., et al. “Pol yfluoroalkyl Chemicals in the U.S. Population: Data 769 From the National Health and Nutrition Examination Survey (NHANES) 2003-2004 and 770 Comparisons with NHANES 1999-2000.” Environmental Health Perspective 2007, 771 115(11), 1596-1602. 772 12. Lau C., et al. “Effects of Perfluoroctanoic Acid Exposure During Pregnancy in the 773 Mouse.” Toxicology Science 2006, 90(2): 510-518. 774 13. Lau C., et al. “Perfluoroalkyl Acids: A Review of Monitoring and Toxicological 775 Findings.” Toxicological Sciences 2007, 99(2): 366-394. 776 14. Ahrens L., et al. “Polyfluoroalkyl Compounds in the Aquatic Environment: A 777 Review of Their Occurrence and Fate.” Journal of Environmental Monitoring 2011, 13: 778 20–31. 779 15. Sturm R., et al. “Trends of Polyfluoroalkyl Compounds in Marine Biota and in 780 Humans.” Environmental Chemistry 2010, 7: 457–484. 781 16. Lau, C. “Perfluorinated Compounds.” Mo lecular, Clinical and Environmental 782 Toxicology Experientia Suppl ementum 2012, Volume 101, pp. 47-86. 783 17. Yoo, H., et al. “Concentrations, Distri bution and Persisten ce of Fluorotelomer 784 Alcohols in Sludge-applied Soils Near Decatur, Alabama, USA.” Environmental Science 785 & Technology 2010, 44: 8397-8402. 786 18. Washington, J.W., et al. “Concentrati ons, Distribution and Persistence of 787 Perfluoroalkylates in Sludge-applied Soils Near Decatur, Alabama, USA.” 788*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 35 of 45 Environmental Science & Technology 2010, 44: 8390-8396. 789 19. Kudo, N., et.al. “Comparison of the E limination Between Perfluorinated Fatty 790 Acids with Different Carbon Ch ain Lengths in Rats.” Chem ico-Biological Interactions 791 2001, Volume 134(2), pp. 203-216. 792 20. Goecke-Flora, C.M., et al. “Influen ce of Carbon Chain Length on the Hepatic 793 Effects of Perfluorinated Fatty Acids, A\19\ F- and \31\P- NMR Investigation.” Chemical 794 Research in Toxicology 1996, 9(4), pp. 689-695. 795 21. Lasier, P.J., et al. “Per fluorinated Chemicals in Su rface Waters and Sediments 796 from Northwest Georgia, USA, and Their Bi oaccumulation in Lumbriculus Variegates.” 797 Environmental Toxicology & Chemistry 2011, 30: 2194-2201. 798 22. 3M Company. “Fluorochemical Use, Distribution, and Release Overview.” St. 799 Paul, Minnesota, May 26, 1999. 800 23. Lua, C. “Perfluorinated Compounds.” Molecular, Clinical and Environmental 801 Toxicology Experientia Supplem entum 2012, Volume 101, pp. 47-86. 802 24. EPA. “Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule, 803 Supplemental Proposed Rule.” (67 FR 11014; March 11, 2002) 804 25. EPA. “Perfluoroalkyl Sulf onates; Significant New Use Ru le, Final Rule.” (67 FR 805 11008; March 11, 2002) 806 26. 3M Company. “The Scien ce of Organic Fluorochemis try.” St. Paul, Minnesota, 807 February 5, 1999. 808 27. CDC (Centers for Disease Control and Prevention). “Fourth National Report on 809 Human Exposure to Environmental Chemicals.” Updated Tables, March 2013. 810 28. EPA. “Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule” (71 811 FR 12311; March 10, 2006) 812*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 36 of 45 29. Kato, K. et al. “Trends in Exposure to Polyfluoroalkyl Chemicals in the U.S. 813 Population: 1999-2008.” Environmental Sc ience and Technology 2011, 45: 8037-8045. 814 30. Hubbard, H. et al. Removal of Perf luorocarboxylic Acids (PFCAs) from 815 Carpets Treated with Stain-Protection Products by Using Carpet Clea ning Machines. U.S. 816 EPA, Report EPA/600-12/703, 2012. 817 31. Liu, X. et al. Trends of Perfluoroalkyl Acid Content in Articles of Commerce. 818 U.S. EPA, Report EPA/600/R-12/585, 2012. 819 32. EPA. Economic Analysis. EPA. “Economic Analysis of the Significant New 820 use Rule for Long-Chain Perfluoroalkyl Carboxylate Chemical Substances.” August 20, 821 2013. 822 XIV. Statutory and Ex ecutive Order Reviews 823 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 824 Improving Regulation and Regulatory Review 825 This proposed SNUR has been designated by the Office of Management and 826 Budget (OMB) as a “significant regulatory action” under section 3(f) of Executive Order 827 12866 (58 FR 51735, October 4, 1993). Accordingly, EPA submitted this proposed 828 action to OMB for review under Executiv e Order 12866 and 13563 (76 FR 3821, January 829 21, 2011), and any changes made in response to OMB recommendations are documented 830 in the docket. 831 B. Paperwork Reduction Act (PRA) 832 This action would not impose any new in formation collection burden under the 833 PRA, 44 U.S.C. 3501 et seq. Burden is de fined in 5 CFR 1320.3(b). The information 834 collection activities associated with exis ting chemical SNURs are already approved by 835 OMB under OMB control number 2070-0038 (EPA ICR No. 1188); and the information 836*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 37 of 45 collection activities a ssociated with export notifications are already approved by OMB 837 under OMB control number 2070-0030 (EPA ICR N o. 0795). If an entity were to submit 838 a SNUN to the Agency, the annual burden is estimated to be less than 100 hours per 839 response, and the estimated burden for an e xport notifications is less than 1.5 hours per 840 notification. In both cases, burden is estimatedto be reduced for submitters who have 841 already registered to use the electronic submission system. Additional burden, estimated 842 to be less than 10 hours, coul d be incurred where additional record keeping requirements 843 are specified under 40 CFR §721.12 5(a), (b), and (c). 844 An Agency may not conduct or sponsor, and a person is not required to respond to 845 a collection of information that requires OM B approval under the PRA, unless it has been 846 approved by OMB and displays a curren tly valid OMB control number. The OMB 847 control numbers for EPA’s regulations in Ti tle 40 of the CFR, after appearing in the 848 Federal Register , are listed in 40 CFR part 9, a nd included on the related collection 849 instrument, or form, if applicable. 850 C. Regulatory Flexibility Act (RFA) 851 Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq ., I hereby certify that 852 promulgation of this proposed SNUR would not have a significant economic impact on a 853 substantial number of small entities. The rationale supporti ng this conclusion is as 854 follows. 855 A SNUR applies to any pers on (including small or large entities) who intends to 856 engage in any activity describe d in the rule as a “significan t new use.” By definition of 857 the word “new” and based on all information cu rrently available to EPA, it appears that 858 no small or large entities presen tly engage in such activities. Since this proposed SNUR 859 would require a person who intends to engage in such activity in the future to first notify 860*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 38 of 45 EPA by submitting a SNUN, no economic impact will occur unless someone files a 861 SNUN to pursue a significant new use in the future or forgoes profits by avoiding or 862 delaying the significant new us e. Although some small entities may decide to conduct 863 such activities in the future, EPA cannot presently determine how many, if any, there 864 may be. However, EPA’s experience to date is that, in response to the promulgation of 865 SNURs covering over 1,000 chemical substances , the Agency receives only a handful of 866 notices per year. During the six year pe riod from 2005-2011, only three submitters self867 identified as small in their SNUN submi ssion (Ref. 32). EPA believes the cost of 868 submitting a SNUN is relatively small compared to the cost of developing and marketing 869 a chemical new to a firm and that the requi rement to submit a SNUN generally does not 870 have a significant economic impact. 871 Therefore, EPA believes that the potential economic impact of complying with 872 this proposed SNUR is not expected to be si gnificant or adversely impact a substantial 873 number of small entities. In a SNUR that published as a final rule on August 8, 1997 (62 874 FR 42690) (FRL-5735-4), the Agency presented its general determination that proposed 875 and final SNURs are not expect ed to have a significant ec onomic impact on a substantial 876 number of small entities, which was provide d to the Chief Counsel for Advocacy of the 877 Small Business Administration. 878 D. Unfunded Mandates Reform Act (UMRA) 879 Based on EPA’s experience with proposi ng and finalizing SNURs, State, local, 880 and Tribal governments have not been imp acted by these rulemakings, and EPA does not 881 have any reason to believe that any State, lo cal, or Tribal government would be impacted 882 by this proposed rulemaking. As such, the requirements of sections 202, 203, 204, or 205 883 of UMRA, 2 U.S.C. 1531-1538, do not apply to this proposed action. 884*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 39 of 45 E. Executive Order 13132: Federalism 885 This action would not have a substantial di rect effect on States, on the relationship 886 between the national government and the Stat es, or on the distribution of power and 887 responsibilities among the various levels of government, as specified in Executive Order 888 13132 (64 FR 43255, August 10, 1999). 889 F. Executive Order 13175: Consultation and Coordination with Indian Tribal 890 Governments 891 This proposed rule does not have Tribal im plications because it is not expected to 892 have any effect (i.e., there would be no increa se or decrease in authority or jurisdiction) 893 on Tribal governments, on the relationshi p between the Federal government and the 894 Indian tribes, or on the distribution of power and responsib ilities between the Federal 895 government and Indian tribes. Thus, Ex ecutive Order 13175 (65 FR 67249, November 9, 896 2000) does not apply to this proposed rule. 897 G. Executive Order 13045: Protection of Childre n from Environmental Health Risks and 898 Safety Risks 899 This proposed action is not subject to Executive Order 13045 (62 FR 19885, April 900 23, 1997), because this proposed action is not intended to address environmental health 901 or safety risks for children. 902 H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, 903 or Use 904 This proposed rule is not subject to Executive Order 13211 (66 FR 28355, May 905 22, 2001), because this action is not expected to affect energy supply, distribution, or use. 906 I. National Technology Transfe r Advancement Act (NTTAA) 907*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 40 of 45 Since this proposed action does not involve any technical standards, section 12(d) 908 of the NTTAA, 15 U.S.C. 272 note, doe s not apply to th is proposed action. 909 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 910 Populations and Low-Income Populations 911 This proposed action does notentail special consider ations of environmental 912 justice related issues as delineated by Ex ecutive Order 12898 (59 FR 7629, February 16, 913 1994), because EPA has determined that this proposed action would not have 914 disproportionately high and a dverse human health or envi ronmental effects on minority 915 or low-income populations. This proposed action would not aff ect the level of 916 protection provided to human h ealth or the environment. 917 List of Subjects in 40 CFR Part 721 918 Environmental protection, Chemicals, Hazardous substances, Reporting and 919 recordkeeping requirements. 920 Dated: ________________________ 921 922

__________________________________________ 923 Director, Office of Pollution Prevention and Toxics. 924*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 41 of 45 Therefore, it is proposed that 40 CF R part 721 be amended as follows: 925 PART 721--[AMENDED] 926 1. The authority citation for part 721 continues to read as follows: 927 Authority: 15 U.S.C. 2604, 2607, and 2625(c). 928 2. In § 721.9582: 929 a. Revise paragraph (a)(2)(iv). 930 b. Add paragraph (b). 931 The revision and addition read as follows: 932 § 721.9582 Certain perfluoroalkyl sulfonates. 933 (a) * * * 934 (2) * * * 935 (iv) Import as part of carpets. 936 * * * * * 937 (b) Specific requirements. The provisions of subpart A of this part apply to this 938 section except as modified by this paragraph. 939 (1) Revocation of certain notification exemptions. With respect to imports of 940 carpets, the provisions of § 721.45(f) do not appl y to this section. A person who imports a 941 chemical substance identified in this secti on as part of a carpet is not exempt from 942 submitting a significant new use notice. Th e other provision of § 721.45(f), respecting 943 processing a chemical substance as partof an article, remains applicable. 944 (2) [Reserved] 945 3. Revise § 721.10536 to read as follows: 946 § 721.10536 Long-chain perfluoroalkyl carboxylate chemical substances. 947 (a) Definitions . The definitions in § 721.3 apply to this section. In addition, the 948*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 42 of 45 following definition applies: Carpet means a finished fabric or similar product intended 949 to be used as a floor covering. This definiti on excludes resilient floor coverings such as 950 linoleum and vinyl tile. 951 (b) Chemical substances and significant new uses subject to reporting . (1) The 952 chemical substances identified below, wher e 5 < n < 21 or 6 < m < 21, are subject to 953 reporting under this section for the significant new uses described in paragraph (b)(4)(i) 954 and (b)(4)(iv) of this section. 955 (i) CF 3 (CF 2 ) n -COO M where M = H + or any other group where a formal 956 dissociation can be made; 957 (ii) CF 3 (CF 2 ) n -CH=CH 2 ; 958 (iii) CF 3 (CF 2 ) n -C(=O)-X where X is any chemical moiety; 959 (iv) CF 3 (CF 2 ) m -CH 2 -X where X is any chemical moiety; and 960 (v) CF 3 (CF 2 ) m -Y-X where Y = non-S, non-N heteroatom and where X is any 961 chemical moiety. 962 (2) The chemical substances listed in Table 1 are subject to reporting under this 963 section for the significant new uses described in paragraph (b)(4)(ii) of this section. 964 965 Table 1.--LCPFAC Chemical Substances Subj ect to Reporting After December 31, 966 2015 967 968 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-*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 43 of 45Number 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 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 (3) The chemical substances identified as perfluorooctanoic acid (PFOA) and its 970 salts, including those listed in Table 2 below, are subject to reporti ng under this section 971 for the significant new uses described inparagraph (b)(4)(iii) of this section. 972*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 44 of 45 Table 2.—PFOA and Exam ples of Its Salts 973 CAS Registry Number (CASRN) Chemical Name335-66-0 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) 974 (4) Significant new uses. 975 (i) The significant new use for chemical substances identified in paragraph (b)(1) 976 of this section are: Manufactur e (including import) or processing for use as part of carpets 977 or to treat carpets (e.g., for use in the carpet aftercare market). 978 (ii) The significant new use for chemical substances id entified in paragraph (b)(2) 979 of this section are: Manuf acture (including import ) or processing for any use after 980 December 31, 2015. 981 (iii) The significant new use for chemical substances identified in paragraph 982 (b)(3) of this section are: Manufacture (including import) or processing for any use. 983 Import of fluoropolymer dispersions and em ulsions, and fluoropolymers as part of 984 articles, containing chemical substances identif ied in paragraph (b)(3) of this section shall 985 not be considered as a significan t new use subject to reporting. 986 (iv) The significant new use for chemical substances identifie d in paragraph (b)(1) 987 of this section, except for those chemicals iden tified in Table 1 of paragraph (b)(2) are: 988 Manufacture (including import) or processing for any use other than that use already 989 covered by paragraph (b)(4)(i). 990 (c) Specific requirements . The provisions of subpart A of this part apply to this 991 section except as modified by this paragraph. 992*** EO 12866/13563 Review – Do Not Cite, Quote, or Release During the Review *** (RIN 2070-AJ99)

Page 45 of 45 (1) Revocation of certain notification exemptions . With respect to imports of 993 carpets, the provisions of § 721.45(f) do not apply to this section. With respect to imports 994 of articles, the provisions of § 721.45(f) al so do not apply to a chemical substance 995 identified in paragraphs (b)(2) or (b)(3) of this section. A person who imports a chemical 996 substance identified in paragraph (b)(1) of this section as part of a carpet or who imports 997 a chemical substance identified in paragraphs (b)( 2) or (b)(3) of this se ction as part of an 998 article is not exempt from submitting a significant new use notice. The other provision of 999 § 721.45(f), respecting processing a chemical subs tance as part of an article, remains 1000 applicable. 1001 (2) [Reserved] 1002 1003