[Federal Register Volume 65, Number 202 (Wednesday, October 18, 2000)]
[Proposed Rules]
[Pages 62319-62333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26751]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

OPPTS-50639; FRL-6745-5
RIN 2070-AD43


Perfluorooctyl Sulfonates; Proposed Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

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SUMMARY: EPA is proposing a significant new use rule (SNUR) under 
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the 
following chemical substances: Perfluorooctanesulfonic acid (PFOSA) and 
certain of its salts (PFOSS), perfluorooctanesulfonyl fluoride (PFOSF), 
certain higher and lower homologues of PFOSA and PFOSF, and certain 
other chemical substances, including polymers, that contain PFOSA and 
its homologues as substructures. All of these chemical substances are 
referred to collectively in this proposed rule as perfluorooctyl 
sulfonates, or PFOS. This proposed rule would require manufacturers and 
importers to notify EPA at least 90 days before commencing the 
manufacture or import of these chemical substances for the significant 
new uses described in this document. EPA believes that this action is 
necessary because the chemical substances included in this proposed 
rule may be hazardous to human health and the environment. The required 
notice would provide EPA with the opportunity to evaluate an intended 
new use and associated activities and, if necessary, to prohibit or 
limit that activity before it occurs.

DATES: Comments, identified by the docket number OPPTS-50639, are due 
November 17, 2000.

[[Page 62320]]


ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPPTS-50639 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Director, Office of Program Management and 
Evaluation, Office of Pollution Prevention and Toxics (7401), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 554-1404; e-mail address: 
<a href="/cdn-cgi/l/email-protection#92c6c1d1d3bfdafde6fefbfcf7d2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="4a1e19090b6702253e2623242f0a2f3a2b642d253c">[email protected]</span></a>.
    For technical information contact: Mary Dominiak, Chemical Control 
Division (7405), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 260-7768; fax number: 
(202) 260-1096; e-mail address: <a href="/cdn-cgi/l/email-protection#ceaaa1a3a7a0a7afa5e0a3afbcb78eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="34505b595d5a5d555f1a5955464d745144551a535b42">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

    You may be affected by this action if you manufacture (defined by 
statute to include import) any of the chemical substances that are 
listed in Table 2 or Table 3 of this unit. Persons who intend to import 
any chemical substance governed by a final SNUR are subject to the TSCA 
section 13 (15 U.S.C. 2612) import certification requirements, and to 
the regulations codified at 19 CFR 12.118 through 12.127 and 12.728. 
Those persons must certify that they are in compliance with the SNUR 
requirements. The EPA policy in support of import certification appears 
at 40 CFR part 707, subpart B. In addition, any persons who export or 
intend to export any of the chemical substances listed in Table 2 or 
Table 3 of this unit are subject to the export notification provisions 
of TSCA section 12(b) (15 U.S.C. 2611(b)), and must comply with the 
export notification requirements in 40 CFR 721.20 and 40 CFR part 707, 
subpart D. Entities potentially affected by the SNUR requirements in 
this proposed rule may include, but are not limited to:

    Table 1.--Entities Potentially Affected by the SNUR Requirements
------------------------------------------------------------------------
                                                        Examples of
          Categories               NAICS codes      potentially affected
                                                          entities
------------------------------------------------------------------------
Chemical manufacturers or       325                Persons who
 importers                                          manufacture (defined
                                                    by statute to
                                                    include import) one
                                                    or more of the
                                                    subject chemical
                                                    substances
Chemical exporters              325                Persons who export,
                                                    or intend to export,
                                                    one or more of the
                                                    subject chemical
                                                    substances
------------------------------------------------------------------------

    This listing is not intended to be exhaustive. Instead, it provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in Table 1 of this unit 
could also be affected. The North American Industrial Classification 
System (NAICS) codes have been provided to assist in determinations of 
whether this action might apply to certain entities. To determine if 
you or your business is affected by this action, you should carefully 
examine the applicability provisions at 40 CFR 721.5 for SNUR-related 
obligations. Also, consult Unit III. Note that because this proposed 
rule would designate certain manufacturing and importing activities as 
significant new uses, persons that solely process the chemical 
substances that would be covered by this action would not be subject to 
the rule. If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

             Table 2.--Chemicals Requiring a Significant New Use Notice On or After January 1, 2001
----------------------------------------------------------------------------------------------------------------
                   CAS No./PMN                                Ninth Collective Index chemical name
---------------------------------------------------------------------------------------------------------------
383-07-3.......................................  2-Propenoic acid, 2-
                                                  [butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester.
423-82-5.......................................  2-Propenoic acid, 2-
                                                  [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester.
2250-98-8......................................  1-Octanesulfonamide, N,N',N''-[phosphinylidynetris(oxy-2,1-
                                                  ethanediyl)]tris[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                                  heptadecafluoro-.
14650-24-9.....................................  2-Propenoic acid, 2-methyl-, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester.
30381-98-7.....................................  1-Octanesulfonamide, N,N'-[phosphinicobis(oxy-2,1-
                                                  ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                                  heptadecafluoro-, ammonium salt.
55120-77-9.....................................  1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-
                                                  tridecafluoro-, lithium salt.
57589-85-2.....................................  Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-
                                                  [[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-
                                                  , monopotassium salt.
61660-12-6.....................................  1-Octanesulfonamide, N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-
                                                  (trimethoxysilyl)propyl]-.
67969-69-1.....................................  1-Octanesulfonamide, N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-
                                                  (phosphonooxy)ethyl]-, diammonium salt.
68156-01-4.....................................  Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-,
                                                  potassium salt.
68329-56-6.....................................  2-Propenoic acid, eicosyl ester, polymer with 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-
                                                  propenoate, hexadecyl 2-propenoate, 2-
                                                  [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate,
                                                  2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-
                                                  propenoate, 2-
                                                  [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-
                                                  propenoate, 2-
                                                  [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-
                                                  propenoate and octadecyl 2-propenoate.
68555-91-9.....................................  2-Propenoic acid, 2-methyl-, 2-
                                                  [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester,
                                                  polymer with 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl
                                                  2-methyl-2-propenoate, 2-
                                                  [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-
                                                  2-propenoate, 2-
                                                  [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-
                                                  propenoate, 2-
                                                  [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-
                                                  propenoate and octadecyl 2-methyl-2-propenoate.
68555-92-0.....................................  2-Propenoic acid, 2-methyl-, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester,
                                                  polymer with 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl
                                                  2-methyl-2-propenoate, 2-
                                                  [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-
                                                  2-propenoate, 2-
                                                  [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-
                                                  propenoate, 2-
                                                  [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-
                                                  propenoate and octadecyl 2-methyl-2-propenoate.

[[Page 62321]]

 
68608-14-0.....................................  Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-
                                                  (hydroxyethyl), reaction products with 1,1'-methylenebis[4-
                                                  isocyanatobenzene].
68909-15-9.....................................  2-Propenoic acid, eicosyl ester, polymers with branched octyl
                                                  acrylate, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate,
                                                  2-[methyl[(nonafluorobutyl) sulfonyl]amino]ethyl acrylate, 2-
                                                  [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl
                                                  acrylate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl
                                                  acrylate, 2-[methyl[(undecafluoropentyl)
                                                  sulfonyl]amino]ethyl acrylate, polyethylene glycol acrylate
                                                  Me ether and stearyl acrylate.
70776-36-2.....................................  2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with
                                                  1,1-dichloroethene, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-
                                                  propenoate, N-(hydroxymethyl)-2-propenamide, 2-
                                                  [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate,
                                                  2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-
                                                  propenoate, 2-
                                                  [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-
                                                  propenoate and 2-
                                                  [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-
                                                  propenoate.
73772-32-4.....................................  1-Propanesulfonic acid, 3-[[3-
                                                  (dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]-2-
                                                  hydroxy-, monosodium salt.
81190-38-7.....................................  1-Propanaminium, N-(2-hydroxyethyl)-3-[(2-hydroxy-3-
                                                  sulfopropyl) [(tridecafluorohexyl)sulfonyl]amino]-N,N-
                                                  dimethyl-, hydroxide, monosodium salt.
94133-90-1.....................................  1-Propanesulfonic acid, 3-[[3-
                                                  (dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]-
                                                  2-hydroxy-, monosodium salt.
117806-54-9....................................  1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                                  pentadecafluoro-, lithium salt.
127133-66-8....................................  2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate,
                                                  lauryl methacrylate and 2-[methyl[(perfluoro-C4-8-
                                                  alkyl)sulfonyl]amino]ethyl methacrylate.
129813-71-4....................................  Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-
                                                  (oxiranylmethyl).
148240-78-2....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters.
148240-79-3....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl esters.
148240-80-6....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl esters.
148240-81-7....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl esters.
148240-82-8....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl esters.
148684-79-1....................................  Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-
                                                  methyl, reaction products with 1,6-diisocyanatohexane
                                                  homopolymer and ethylene glycol.
178535-22-3....................................  Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-
                                                  (hydroxyethyl)-, polymers with 1,1'-methylenebis[4-
                                                  isocyanatobenzene] and polymethylenepolyphenylene
                                                  isocyanate, 2-ethylhexyl esters, Me Et ketone oxime-blocked.
P-83-1102......................................  Fatty acids, linseed-oil, dimers, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters.
P-84-1163......................................  Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-,
                                                  polymer with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and
                                                  N,N',2-tris(6-isocyanatohexyl)imidodicarbonic diamide,
                                                  reaction products with N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-
                                                  hydroxyethyl)-1-octanesulfonamide and N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-
                                                  hydroxyethyl)-1-heptanesulfonamide, compds. with
                                                  triethylamine.
P-84-1171......................................  Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-,
                                                  polymer with 1,1'-methylenebis[4-isocyanatobenzene] and
                                                  1,2,3-propanetriol, reaction products with N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-
                                                  hydroxyethyl)-1-octanesulfonamide and N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-
                                                  hydroxyethyl)-1-heptanesulfonamide, compds. with morpholine.
P-86-0301......................................  Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-
                                                  methyl, reaction products with 12-hydroxystearic acid and
                                                  2,4-TDI, ammonium salts.
P-89-0799......................................  Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-
                                                  (hydroxyethyl), reaction products with 2-ethyl-1-hexanol and
                                                  polymethylenepolyphenylene isocyanate.
P-94-0545......................................  1-Hexadecanaminium, N,N-dimethyl-N-[2-[(2-methyl-1-oxo-2-
                                                  propenyl)oxy]ethyl]-, bromide, polymers with Bu acrylate, Bu
                                                  methacrylate and 2-[methyl[(perfluoro-C4-8-
                                                  alkyl)sulfonyl]amino]ethyl acrylate.
P-94-0927......................................  2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer
                                                  with 2,4-diisocyanato-1-methylbenzene, 2-ethyl-2-
                                                  (hydroxymethyl)-1,3-propanediol and 2-propenoic acid, N-
                                                  ethyl-N-(hydroxyethyl)perfluoro-C4-8-alkanesulfon amides-
                                                  blocked.
P-94-2205......................................  Polymethylenepolyphenylene isocyanate and bis(4-NCO-
                                                  phenyl)methane reaction products with 2-ethyl-1-hexanol, 2-
                                                  butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8
                                                  perfluoroalkanesulfonamide.
P-94-2206......................................  Siloxanes and Silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-
                                                  propenyl)oxy]propylgroup]-terminated, polymers with 2-
                                                  [methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate
                                                  and stearyl methacrylate.
P-96-1645......................................  Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-
                                                  alkyl)sulfonyl]amino]ethyl esters.
P-97-0790......................................  1-Decanaminium, N-decyl-N,N-dimethyl-, salt with
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1-
                                                  octanesulfonic acid (1:1).
P-98-0251......................................  2-Propenoic acid, butyl ester, polymers with acrylamide, 2-
                                                  [methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate
                                                  and vinylidene chloride.
P-98-1272......................................  2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester,
                                                  polymers with acrylic acid, 2-[methyl[(perfluoro-C4-8-
                                                  alkyl)sulfonyl]amino]ethyl acrylate and propylene glycol
                                                  monoacrylate, hydrolyzed, compds. with 2,2'-
                                                  (methylimino)bis[ethanol].
P-99-0188......................................  Hexane, 1,6-diisocyanato-, homopolymer, N-(hydroxyethyl)-N-
                                                  methyl perfluoro C4-8-alkane sulfonamide- and stearyl alc.-
                                                  blocked.
P-99-0319......................................  Poly(oxy-1,2-ethanediyl), .alpha.-[2-(methylamino)ethyl]-
                                                  .omega.-[(1,1,3,3-tetramethylbutyl)phenoxy]-, N-[(perfluoro-
                                                  C4-8-alkyl)sulfonyl] derivs..
----------------------------------------------------------------------------------------------------------------


   Table 3.--Chemicals Subject to Volume Cap Restrictions On or After
 January 1, 2001 and Requiring a Significant New Use Notice On or After
                             January 1, 2003
------------------------------------------------------------------------
         CAS No./PMN             Ninth Collective Index chemical name
------------------------------------------------------------------------
307-35-7....................  1-Octanesulfonyl fluoride,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-
307-51-7....................  1-Decanesulfonyl fluoride,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10
                               ,10-heneicosafluoro-
376-14-7....................  2-Propenoic acid, 2-methyl-, 2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl ester

[[Page 62322]]

 
423-50-7....................  1-Hexanesulfonyl fluoride,
                               1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
754-91-6....................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-
1652-63-7...................  1-Propanaminium, 3-
                               [[(heptadecafluorooctyl)sulfonyl]amino]-
                               N,N,N-trimethyl-, iodide
1691-99-2...................  1-Octanesulfonamide, N-ethyl-
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-(2-hydroxyethyl)-
1763-23-1...................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-
2795-39-3...................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-, potassium salt
2991-51-7...................  Glycine, N-ethyl-N-
                               [(heptadecafluorooctyl)sulfonyl]-,
                               potassium salt
4151-50-2...................  1-Octanesulfonamide, N-ethyl-
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-
17202-41-4..................  1-Nonanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-
                               nonadecafluoro-, ammonium salt
24448-09-7..................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-(2-hydroxyethyl)-N-
                               methyl-
25268-77-3..................  2-Propenoic acid, 2-
                               [[(heptadecafluorooctyl)sulfonyl]methylam
                               ino]ethyl ester
29081-56-9..................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-, ammonium salt
29117-08-6..................  Poly(oxy-1,2-ethanediyl), .alpha.-[2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl]-.omega.-hydroxy-
29457-72-5..................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-, lithium salt
31506-32-8..................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-methyl-
38006-74-5..................  1-Propanaminium, 3-
                               [[(heptadecafluorooctyl)sulfonyl]amino]-
                               N,N,N-trimethyl-, chloride
38850-58-7..................  1-Propanaminium, N-(2-hydroxyethyl)-N,N-
                               dimethyl-3-[(3-
                               sulfopropyl)[(tridecafluorohexyl)sulfonyl
                               ]amino]-, inner salt
67584-42-3..................  Cyclohexanesulfonic acid,
                               decafluoro(pentafluoroethyl)-, potassium
                               salt
67906-42-7..................  1-Decanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10
                               ,10-heneicosafluoro-, ammonium salt
68298-62-4..................  2-Propenoic acid, 2-
                               [butyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl ester, telomer with 2-
                               [butyl[(pentadecafluoroheptyl)sulfonyl]am
                               ino]ethyl 2-propenoate, methyloxirane
                               polymer with oxirane di-2-propenoate,
                               methyloxirane polymer with oxirane mono-2-
                               propenoate and 1-octanethiol
68541-80-0..................  2-Propenoic acid, polymer with 2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl 2-methyl-2-propenoate and
                               octadecyl 2-propenoate
68555-90-8..................  2-Propenoic acid, butyl ester, polymer
                               with 2-[[(heptadecafluorooctyl)sulfonyl]
                               methylamino]ethyl 2-propenoate, 2-
                               [methyl[(nonafluorobutyl)sulfonyl]amino]e
                               thyl 2-propenoate, 2-
                               [methyl[(pentadecafluoroheptyl)sulfonyl]a
                               mino]ethyl 2-propenoate, 2-
                               [methyl[(tridecafluorohexyl)sulfonyl]amin
                               o]ethyl 2-propenoate and 2-
                               [methyl[(undecafluoropentyl)sulfonyl]amin
                               o]ethyl 2-propenoate
68586-14-1..................  2-Propenoic acid, 2-
                               [[(heptadecafluorooctyl)sulfonyl]methylam
                               ino]ethyl ester, telomer with 2-
                               [methyl[(nonafluorobutyl)sulfonyl]amino]e
                               thyl 2-propenoate, .alpha.-(2-methyl-1-
                               oxo-2-propenyl)-.omega.-hydroxypoly(oxy-
                               1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-
                               2-propenyl)-.omega.-[(2-methyl-1-oxo-2-
                               propenyl)oxy]poly(oxy-1,2-ethanediyl), 2-
                               [methyl[(pentadecafluoroheptyl)sulfonyl]a
                               mino]ethyl 2-propenoate, 2-
                               [methyl[(tridecafluorohexyl)sulfonyl]amin
                               o]ethyl 2-propenoate, 2-
                               [methyl[(undecafluoropentyl)sulfonyl]amin
                               o]ethyl 2-propenoate and 1-octanethiol
68649-26-3..................  1-Octanesulfonamide, N-ethyl-
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-(2-hydroxyethyl)-,
                               reaction products with N-ethyl-
                               1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-
                               hydroxyethyl)-1-butanesulfonamide, N-
                               ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                               pentadecafluoro-N-(2-hydroxyethyl)-1-
                               heptanesulfonamide, N-ethyl-
                               1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-
                               (2-hydroxyethyl)-1-hexanesulfonamide, N-
                               ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
                               N-(2-hydroxyethyl)-1-pentanesulfonamide,
                               polymethylenepolyphenylene isocyanate and
                               stearyl alc.
68867-60-7..................  2-Propenoic acid, 2-
                               [[(heptadecafluorooctyl)sulfonyl]methylam
                               ino]ethyl ester, polymer with 2-
                               [methyl[(nonafluorobutyl)sulfonyl]amino]e
                               thyl 2-propenoate, 2-
                               [methyl[(pentadecafluoroheptyl)sulfonyl]a
                               mino]ethyl 2-propenoate, 2-
                               [methyl[(tridecafluorohexyl)sulfonyl]amin
                               o]ethyl 2-propenoate, 2-
                               [methyl[(undecafluoropentyl)sulfonyl]amin
                               o]ethyl 2-propenoate and .alpha.-(1-oxo-2-
                               propenyl)-.omega.-methoxypoly(oxy-1,2-
                               ethanediyl)
68867-62-9..................  2-Propenoic acid, 2-methyl-, 2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl ester, telomer with 2-
                               [ethyl[(nonafluorobutyl)sulfonyl]amino]et
                               hyl 2-methyl-2-propenoate, 2-
                               [ethyl[(pentadecafluoroheptyl)sulfonyl]am
                               ino]ethyl 2-methyl-2-propenoate, 2-
                               [ethyl[(tridecafluorohexyl)sulfonyl]amino
                               ]ethyl 2-methyl-2-propenoate, 2-
                               [ethyl[(undecafluoropentyl)sulfonyl]amino
                               ]ethyl 2-methyl-2-propenoate, 1-
                               octanethiol and .alpha.-(1-oxo-2-
                               propenyl)-.omega.-methoxypoly(oxy-1,2-
                               ethanediyl)
68891-96-3..................  Chromium, diaquatetrachloro[.mu.-[N-ethyl-
                               N-
                               [(heptadecafluorooctyl)sulfonyl]glycinato-
                               .kappa.O:.kappa.O']]-.mu.-hydroxybis(2-
                               methylpropanol)di-
68958-61-2..................  Poly(oxy-1,2-ethanediyl), .alpha.-[2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl]-.omega.-methoxy-
70225-14-8..................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-, compd. with 2,2'-
                               iminobis[ethanol] (1:1)
71487-20-2..................  2-Propenoic acid, 2-methyl-, methyl ester,
                               polymer with ethenylbenzene, 2-
                               [[(heptadecafluorooctyl)sulfonyl]methylam
                               ino]ethyl 2-propenoate, 2-
                               [methyl[(nonafluorobutyl)sulfonyl]amino]e
                               thyl 2-propenoate, 2-
                               [methyl[(pentadecafluoroheptyl)sulfonyl]a
                               mino]ethyl 2-propenoate, 2-
                               [methyl[(tridecafluorohexyl)sulfonyl]amin
                               o]ethyl 2-propenoate, 2-
                               [methyl[(undecafluoropentyl)sulfonyl]amin
                               o]ethyl 2-propenoate and 2-propenoic acid
91081-99-1..................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-(2-hydroxyethyl)-N-
                               methyl-, polymer
                               with(chloromethyl)oxirane,
                               1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-
                               hydroxyethyl)-N-methyl-1-
                               butanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                               pentadecafluoro-N-(2-hydroxyethyl)-N-
                               methyl-1-heptanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-
                               (2-hydroxyethyl)-N-methyl-1-
                               hexanesulfonamide and
                               1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-
                               hydroxyethyl)-N-methyl-1-
                               pentanesulfonamide, hexanedioate (ester)
98999-57-6..................  Sulfonamides, C7-8-alkane, perfluoro, N-
                               methyl-N-[2-[(1-oxo-2-propenyl)
                               oxy]ethyl], polymers with 2-ethoxyethyl
                               acrylate, glycidyl methacrylate and N,N,N-
                               trimethyl-2-[(2-methyl-1-oxo-2-
                               propenyl)oxy]ethanaminiumchloride
182700-90-9.................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-methyl-, reaction
                               products with benzene-chlorine-sulfur
                               chloride (S2Cl2) reaction products
                               chlorides
L-92-0151...................  2-Propenoic acid, 2-methyl-, butyl ester,
                               polymer with 2-methyl-, 2-[ethyl
                               [(heptadecafluorooctyl)sulfonyl]amino]eth
                               yl 2-methyl-2-propenoate, 2-
                               [ethyl[(nonafluorobutyl)sulfonyl]amino]et
                               hyl 2-methyl-2-propenoate, 2-
                               [ethyl[(pentadecafluoroheptyl)sulfonyl]am
                               ino]ethyl 2-methyl-2-propenoate, 2-
                               [ethyl[(tridecafluorohexyl)sulfonyl]amino
                               ]ethyl 2-methyl-2-propenoate, and 2-
                               propenoic acid
P-80-0183...................  Sulfonamides, C4-8-alkane, perfluoro, N-[3-
                               (dimethylamino)propyl], reaction products
                               with acrylic acid

[[Page 62323]]

 
P-86-0958...................  2-Propenoic acid, 2-methyl-, dodecyl
                               ester, polymers with 2-[methyl[(perfluoro-
                               C4-8-alkyl)sulfonyl]amino]ethyl acrylate
                               and vinylidene chloride
P-90-0111...................  Sulfonamides, C4-8-alkane, perfluoro, N-
                               methyl-N-[(3-octadecyl-2-oxo-5-
                               oxazolidinyl)methyl]
P-91-1419...................  Poly(oxy-1,2-ethanediyl), .alpha.-hydro-
                               .omega.-hydroxy-, polymer with 1,6-
                               diisocyanatohexane, N-(2-hydroxyethyl)-N-
                               methyl perfluoro C4-8-alkane sulfonamide-
                               blocked
P-93-1444...................  2-Propenoic acid, 2-methyl-, dodecyl
                               ester, polymers with N-(hydroxymethyl)-2-
                               propenamide, 2-[methyl[(perfluoro-C4-8-
                               alkyl)sulfonyl]amino]ethyl methacrylate,
                               stearyl methacrylate and vinylidene
                               chloride
P-95-0120...................  Sulfonamides, C4-8-alkane, perfluoro, N,N'-
                               [1,6-hexanediylbis[[2-oxo-3,5-
                               oxazolidinediyl)methylene]]bis[N-methyl-
P-96-1262...................  Sulfonic acids, C6-8-alkane, perfluoro,
                               compds. with polyethylene-polypropylene
                               glycol bis(2-aminopropyl) ether
P-96-1424...................  2-Propenoic acid, 2-methyl-, 2-
                               (dimethylamino)ethyl ester, telomers with
                               2-[ethyl[(perfluoro-C4-8-
                               alkylsulfonyl]amino]ethyl methacrylate
                               and 1-octanethiol, N-oxides
P-96-1433...................  Sulfonamides, C4-8-alkane, perfluoro, N-[3-
                               (dimethyloxidoamino)propyl], potassium
                               salts
------------------------------------------------------------------------

B. How Can I get Additional Information, Including Copies of this 
Document or Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Law and 
Regulations,'' ``Regulations and Proposed Rules,'' then look up the 
entry for this document under ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. To access the OPPTS Harmonized 
Guidelines referenced in this document, go directly to the guidelines 
at http://www.epa.gov/opptsfrs/home/guidelin.htm. In addition, you may 
access other information about the Office of Prevention, Pesticides and 
Toxic Substances (OPPTS) and related programs at http://www.epa.gov/internet/oppts/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPPTS-50639. The official 
record consists of the documents referenced in this action, any public 
comments received during the comment period, and other information 
related to this rulemaking, including information claimed as 
Confidential Business Information (CBI). This official record includes 
the documents that are physically located in the docket, as well as all 
documents that are referenced in those documents. The public version of 
the official record does not include any information claimed as CBI. 
The public version of the official record, which includes printed paper 
versions of any electronic comments that may be submitted during an 
applicable comment period, is available for inspection in the TSCA 
Nonconfidential Information Center, Room NE B-607, 401 M St., SW., 
Washington, DC. The Center is open from noon to 4 p.m., Monday through 
Friday, excluding legal holidays. The telephone number of the Center is 
(202) 260-7099.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, your comments must 
identify docket control number OPPTS-50639 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT's 
Document Control Office (DCO), East Tower Room G-099, Waterside Mall, 
401 M St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the DCO is (202) 260-7093.
    3. Electronically. You may submit your comments electronically by 
e-mail to: <a href="/cdn-cgi/l/email-protection#67081717134909040e042702170649000811"><span class="__cf_email__" data-cfemail="5a352a2a2e74343933391a3f2a3b743d352c">[email protected]</span></a>, or mail or deliver your computer disk to 
the addresses identified in Unit I.C.1. or I.C.2. Do not submit any 
information electronically that you consider to be CBI. E-mailed 
comments must be submitted as an ASCII file, avoiding the use of 
special characters or any form of encryption. Comments will also be 
accepted on standard computer disks in WordPerfect 6.1/8.0 or ASCII 
file format. All comments in electronic form must be identified by 
docket control number OPPTS-50639. Electronic comments may also be 
filed online at many Federal Depository Libraries.

D. How Should I Handle CBI Information that I Want to Submit to the 
Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit in response to this 
document as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comments that include any information claimed as CBI, a 
sanitized copy of the comments which does not contain the information 
claimed as CBI must be submitted for inclusion in the public version of 
the official record. Information not marked confidential will be 
included in the public version of the official record by EPA without 
prior notice. If you have any questions about CBI or the procedures for 
claiming CBI, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

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

    We invite you to provide your views on the various options we 
propose, new approaches we have not considered, the potential impacts 
of the various options (including possible unintended consequences), 
and any data or information that you would like the Agency to consider 
during the development of the final SNUR. You may find the following 
suggestions helpful for preparing your comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.

[[Page 62324]]

    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or data 
collection activity.
    7. Make sure to submit your comments by the deadline specified in 
this document.
    8. At the beginning of your comments, be sure to properly identify 
the document you are commenting on. To ensure proper receipt by EPA, 
your comments must identify the docket control number assigned to this 
action in the subject line on the first page of your response. You may 
also provide the title, date, and Federal Register citation.

II. Background

A. What Action is the Agency Taking?

    This proposal would require persons to notify EPA at least 90 days 
before commencing the manufacture or import of the chemical substances 
identified in Table 2 or Table 3 of Unit I.A., for the significant new 
uses described in this document. The chemical substances identified in 
Table 2 and Table 3 of Unit I.A. include PFOSA, PFOSS, PFOSF, certain 
higher and lower homologues of PFOSA and PFOSF, and certain other 
chemical substances, including polymers, that contain PFOSA and its 
homologues as substructures. These chemical substances are collectively 
referred to throughout this proposed rule as PFOS.
    The significant new uses described by this notice are:
    1. The manufacture or import for any use of any of the chemicals 
listed in Table 2 of Unit I.A. on or after January 1, 2001.
    2. The manufacture or import for any use of any one or more of the 
chemicals listed in Table 3 of Unit I.A. in excess of an aggregate 
volume of 1,100,000 pounds per person per calendar year on or after 
January 1, 2001 and before January 1, 2003.
    3. The manufacture or import for any use of any of the chemicals 
listed in Table 3 of Unit I.A. on or after January 1, 2003.

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

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' The Agency makes this determination by rule after considering 
all relevant factors, including those listed in TSCA section 5(a)(2). 
These factors include the volume of a chemical substance's production; 
the extent to which a use changes the type, form, magnitude, or 
duration of exposure to the substance; and the reasonably anticipated 
manner of producing or otherwise managing the substance. Once EPA makes 
this determination and promulgates a SNUR, TSCA section 5(a)(1)(B) 
requires persons to submit a significant new use notice (SNUN) to EPA 
at least 90 days before they manufacture, import, or process the 
chemical substance for that significant new use (15 U.S.C. 2604 
(a)(1)(B)).

C. Which General Provisions Apply?

    General provisions for SNURs are published under 40 CFR part 721, 
subpart A. These provisions describe persons subject to the rule, 
recordkeeping requirements, exemptions to reporting requirements, and 
applicability of the rule to uses occurring before the effective date 
of the final rule. Note that because this proposed rule would designate 
certain manufacturing and importing activities as significant new uses, 
persons that solely process the chemical substances that would be 
covered by this action would not be subject to the rule. Provisions 
relating to user fees appear at 40 CFR part 700. Persons subject to 
this proposed SNUR would be required to comply with the same notice 
requirements and EPA regulatory procedures as submitters of 
Premanufacture Notices (PMNs) under TSCA section 5(a)(1)(A). In 
particular, these requirements include: the information submission 
requirements of TSCA section 5(b) and 5(d)(1); the exemptions 
authorized by TSCA section 5 (h)(1), (2), (3), and (5); the export 
notification provisions of TSCA section 12(b); and the export 
notification requirements in 40 CFR part 707, subpart D. Once EPA 
receives a SNUN, EPA may take regulatory action under TSCA sections 
5(e), 5(f), 6, or 7, if appropriate, to control the activities on which 
it has received the SNUN. If EPA does not take action, EPA is required 
under TSCA section 5(g) to explain in the Federal Register its reasons 
for not taking action.

III. Summary of this Proposed Rule

    The chemical substances subject to this proposed SNUR are listed in 
Table 2 and Table 3 of Unit I.A. These chemical substances include 
PFOSA, PFOSS, PFOSF, certain higher and lower homologues of PFOSA and 
PFOSF, and certain other chemical substances, including polymers, that 
contain PFOSA and its homologues as substructures. All of these 
chemical substances are referred to collectively in this proposed rule 
as perfluorooctyl sulfonates, or PFOS. All of these chemical substances 
have the potential to degrade back to PFOSA in the environment, and 
PFOSA does not degrade further. PFOSA is highly persistent in the 
environment and has a strong tendency to bioaccumulate. Studies have 
found PFOS in very small quantities in the blood of the general human 
population as well as in wildlife, indicating that exposure to the 
chemicals is widespread, and recent tests have raised concerns about 
their potential developmental, reproductive, and systemic toxicity 
(Refs. 1, 2, and 3). These factors, taken together, raise concerns for 
long term potential adverse effects in people and wildlife over time if 
PFOS should continue to be produced, released, and built up in the 
environment.
    EPA believes that the chemical substances listed in Tables 2 and 3 
of Unit I.A. are manufactured and imported in the United States only by 
the Minnesota Mining and Manufacturing Company (3M) (Refs. 4 and 5). 3M 
has committed to phase out these chemicals voluntarily by discontinuing 
the manufacture of certain of these chemical substances on a global 
basis for their most widespread uses by the end of December 2000, by 
steadily reducing their production volume on the remaining chemicals 
through 2001 and 2002, and by entirely discontinuing the manufacture of 
all of these PFOS chemicals by December 31, 2002 (Ref. 6). The 
chemicals listed in Table 2 of Unit I.A. are those which 3M has 
committed to cease manufacturing by December 31, 2000. The chemicals 
listed in Table 3 of Unit I.A. are those which 3M has committed first 
to reduce, and then to cease manufacturing by December 31, 2002. EPA 
believes that any manufacture or import of these PFOS chemicals 
occurring after 3M's global phase-out dates would increase the 
magnitude and duration of exposure to these chemicals. Therefore, EPA 
is proposing to designate the following as significant new uses:
    1. Any manufacture or import for any use of the chemicals listed in 
Table 2 of Unit I.A. on or after January 1, 2001.
    2. Any manufacture or import for any use of the chemicals listed in 
Table 3 of Unit I.A. in excess of an aggregate annual manufacture and 
import volume cap for all of these chemicals of 1,100,000 pounds per 
person per calendar year on or after January 1, 2001 and before January 
1, 2003.
    3. Any manufacture or import for any use of any of the chemicals 
listed in

[[Page 62325]]

Table 3 of Unit I.A. on or after January 1, 2003.
    Given that no companies other than 3M are currently producing the 
chemicals listed on Table 3 of Unit I.A., and given the negative 
commercial and regulatory environment associated with these chemicals, 
EPA believes it is unlikely that companies would incur the costs 
associated with establishing new manufacturing capacity for these 
chemicals in order to enter this market.
    This proposed rule, when finalized, would require persons who 
intend to manufacture or import the PFOS chemicals listed in this 
proposed rule to notify EPA, through the submission of a SNUN, at least 
90 days before commencing the manufacture or importation of any of 
these chemicals for any use designated by this proposed SNUR as a 
significant new use. The required notice would provide EPA with the 
opportunity to evaluate the intended use, and, if necessary, to 
prohibit or limit that use before it occurs. These proposed 
requirements are summarized in the following Table 4:

             Table 4.--Summary of Proposed SNUR Requirements
------------------------------------------------------------------------
        You must file a significant new use notice (SNUN) if you:
-------------------------------------------------------------------------
    Manufacture or import:             When?              How much?
------------------------------------------------------------------------
Chemical substances listed in   After December 31,  Any amount
 Table 2 of Unit I.A.            2000
Chemical substances listed in   January 1, 2001     Aggregate amount
 Table 3 of Unit I.A.            through December    exceeding 1,100,000
                                 31, 2002            lbs per person per
                                                     calendar year
Chemical substances listed in   After December 31,  Any amount
 Table 3 of Unit I.A.            2002
------------------------------------------------------------------------

IV. Chemical Compound History

A. Defining PFOS

    This proposed rule applies to a large group of fully fluorinated 
alkyl sulfonate-containing substances, none of which occur naturally. 
The Ninth Collective Index chemical names and CAS Registry Numbers (CAS 
No.) (when available) provided in Table 2 and Table 3 of Unit I.A. are 
for the specific chemical substances that are subject to the provisions 
contained in this proposed SNUR (for example, entry #8 on Table 3 of 
Unit I.A. lists CAS No.1763-23-1 for the compound named 1-
octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- 
heptadecafluoro-, commonly referred to as PFOSA). All of the chemical 
substances listed in Table 2 and Table 3 of Unit I.A. have a common 
chemical structure consisting of a PFOS moiety, as illustrated here, 
somewhere in the molecule.
[GRAPHIC] [TIFF OMITTED] TP18OC00.044

BILLING CODE 6560-50-C
    The number of carbon atoms present in the moiety varies from 4 to 
10 (x = 3-9) among the listed chemicals. In addition, there are many 
examples of different chemical functionality (free acids (Y = OH), 
metal salts (Y = O<SUP>-</SUP> M\+\), sulfonyl halides (Y = X), 
sulfonamides (Y= NH\2\), and other derivatives). The listed chemical 
substances also include polymers.
    The class of chemical substances including the perfluoroalkyl 
sulfonyl moiety described by the structure shown in this unit contains 
more chemical substances than are specified in the lists in Table 2 and 
Table 3 of Unit I.A. Only the listed chemical substances, which are 
manufactured or imported exclusively by 3M and which 3M has voluntarily 
committed to cease producing, are subject to this SNUR. EPA is 
evaluating further this overall structural class of chemical substances 
and may take additional regulatory action as appropriate.

B. Environmental Fate

    The basic building block of all of the PFOS chemicals is PFOSF, 
which is used as an intermediate in the production of the PFOS 
chemicals. PFOSA results from the chemical or enzymatic hydrolysis of 
PFOSF. Current information strongly supports that PFOSA is an extremely 
stable substance which resists breakdown by chemical or biological 
processes. Therefore PFOSA is the ultimate degradation product from 
PFOS chemicals and will persist in that form (Refs. 1 and 2).
    EPA cannot currently conduct a definitive assessment of the 
environmental transport and partitioning of PFOS. The available data 
are limited and their accuracy uncertain. Also, the accuracy of the 
estimation models is limited by the quality of data input into them. 
Depending on what data are consulted and utilized, the environmental 
fate and transport of PFOS vary. Biological sampling recently 
discovered the presence of certain perfluoroalkyl compounds in fish and 
in fish-eating birds across the United States and in locations in 
Canada, Sweden, and the South Pacific (Ref. 1). The wide distribution 
of the chemicals in high trophic levels is strongly suggestive of the 
potential for bioaccumulation/bioconcentration. The widespread presence 
of PFOS suggests the possibility of transport in air as well as water, 
but the multimedia equilibrium criterion model (EQC) suggests otherwise 
(Ref. 7). Using data provided by 3M as inputs, the model indicates that 
PFOS would fall out of air and partition almost equally in water and 
soil. The Henry's Law values calculated utilizing the vapor pressure of 
3.31 E-4 Pa@20 C and water solubility values of 370, 570, 5, and 25 
milligram/Liter (mg/L) in fresh water, pure water, unfiltered seawater, 
and filtered seawater, respectively yielded Henry's Law values of 4.7 
E-9 , 7.2 E-9, 6.4 E-11, and 3.2 E-10 atm.m3/mole (atmospheres per 
meter cubed per mole), respectively. The vapor pressure and water 
solubility values were obtained from Table 4, p.16 of the March 1, 
2000, white paper by 3M, Sulfonated Perfluorochemicals in the 
Environment: Sources, Dispersion, Fate and Effects (Ref. 1). These 
Henry's Law values suggest that volatilization from water to air is not 
very likely. According to 3M, testing is planned and/or underway for 
the environmental properties, fate, and transport of PFOS (Ref. 1). 
With more complete data, EPA would be able to make more definitive 
assessments. With the present data, the Agency can only speculate on 
environmental transport and partitioning of PFOS, although current 
information suggests strongly that it is persistent and may 
bioaccumulate.

C. Health Effects

    The Agency's hazard analysis for PFOS is a review of health hazard 
and biomonitoring data (Ref. 8). Toxicology studies show that PFOS is 
well absorbed

[[Page 62326]]

orally and distributes primarily in the serum and liver. PFOS can also 
be formed as a metabolite of other perfluorinated sulfonates. It does 
not appear to be further metabolized. Elimination from the body is slow 
and occurs via both urine and feces. Serum PFOS levels in three retired 
male 3M chemical workers have been followed for 51/2 years and suggest 
a mean elimination half-life (t 1/2) of 1,428 days (approximately 4 
years). Based on the pharmacokinetic data obtained from a 28-day oral 
study in male and female monkeys, a volume of distribution (Vd) of 0.19 
L/kilogram (kg) was reported; no sex differences in the pharmacokinetic 
parameters were noted.
    PFOS has shown moderate acute toxicity by the oral route with a rat 
LD<INF>50</INF> of 251 mg/kg. A 1-hour LC<INF>50</INF> of 5.2 mg/L in 
rats has been reported. PFOS was found to be mildly irritating to the 
eyes and non-irritating to the skin of rabbits. PFOS was negative in 
mutagenicity studies in five strains of salmonella and did not induce 
micronuclei in an in vivo mouse bone marrow micronucleus assay.
    Numerous repeat-dose oral toxicity studies on PFOS have been 
conducted in rats and primates. Adverse signs of toxicity observed in 
rat studies included increases in liver enzymes, hepatic vacuolization 
and hepatocellular hypertrophy, gastrointestinal effects, hematological 
abnormalities, weight loss, convulsions, and death. These effects were 
reported at doses of 2 mg/kg/day and above. Adverse signs of toxicity 
observed in Rhesus monkey studies included anorexia, emesis, diarrhea, 
hypoactivity, prostration, convulsions, atrophy of the salivary glands 
and the pancreas, marked decreases in serum cholesterol, and lipid 
depletion in the adrenals. The dose range for these effects was 
reported between 1.5-300 mg/kg/day. No monkeys survived beyond 3 weeks 
into treatment at 10 mg/kg/day, or beyond 7 weeks into treatment at 
doses as low as 4.5 mg/kg/day. At doses as low as 0.75 mg/kg/day, 
Cynomolgus monkeys exhibited low food consumption, excessive 
salivation, labored breathing, hypoactivity, ataxia, hepatic 
vacuolization and hepatocellular hypertrophy, significant reductions in 
serum cholesterol levels, and death.
    Postnatal deaths and other developmental effects were reported at 
low doses in offspring in a 2-generation reproductive toxicity study in 
rats. At the two highest doses of 1.6 and 3.2 mg/kg/day, pup survival 
in the first generation was significantly decreased. All first 
generation offspring (F1 pups) at the highest dose died within a day 
after birth while close to 30% of the F1 pups in the 1.6 mg/kg/day dose 
group died within 4 days after birth. As a result of the pup mortality 
in the two top dose groups, only the two lowest dose groups, 0.1 and 
0.4 mg/kg/day, were continued into the second generation. The no 
observed adverse effect level (NOAEL) and lowest observed adverse 
effect level (LOAEL) for the second generation offspring (F2 pups) were 
0.1 mg/kg/day and 0.4 mg/kg/day, respectively, based on reductions in 
pup body weight. Reversible delays in reflex and physical development 
were also observed in this study, raising concerns about the potential 
for developmental neurotoxicity following exposure to PFOS.
    Developmental effects were also reported in prenatal developmental 
toxicity studies in the rat and rabbit, although at slightly higher 
dose levels. Signs of developmental toxicity were evident at doses of 5 
mg/kg/day and above in rats administered PFOS during gestation. 
Significant decreases in fetal body weight and significant increases in 
external and visceral anomalies, delayed ossification, and skeletal 
variations were observed. Abnormalities of the lens of the eye were 
also reported at doses as low as 1 mg/kg/day in one rat prenatal 
developmental study, but could not be repeated in a second study of 
similar design. At doses of 2.5 mg/kg/day and above, significant 
reductions in fetal-body weight and significant increases in delayed 
ossification were observed in rabbits administered PFOS during 
gestation.
    In human blood samples, PFOS has been detected in the serum of 
occupational and general populations in the parts per million (ppm) to 
parts per billion (ppb) range. In the United States, recent blood serum 
levels of PFOS in manufacturing employees have been as high as 12.83 
ppm, while in the general population, serum collected from blood banks 
and commercial sources have indicated mean PFOS levels of 30-44 ppb. 
Levels in a very small sample of children yielded even higher results, 
with a mean level of 54 ppb.
    Sampling of several wildlife species from a variety of sites across 
the United States has shown widespread distribution of PFOS. In recent 
analyses, PFOS was detected in the ppb range in the plasma of several 
species of eagles, wild birds, and fish. Endogenous levels of PFOS have 
also been detected in the ppb range in the livers of unexposed rats 
used in toxicity studies, presumably through a dietary source 
(fishmeal).
    Although the PFOS levels detected in the blood of the general 
population are low, this widespread presence, combined with the 
persistence, the bioaccumulative potential, and the reproductive and 
subchronic toxicity of the chemical, raises concerns for potential 
adverse effects on people and wildlife over time should the chemical 
substances continue to be produced, released, and accumulated in the 
environment.

D. Exposure Data

    As indicated in Unit IV.C., PFOS has been detected at low levels in 
the blood of humans and wildlife throughout the United States, 
providing clear evidence of widespread exposure to the chemical. PFOS 
has been in commercial use since the 1950's, predominantly in soil and 
stain-resistant coating products on fabrics, carpets, and leather, and 
in grease and oil resistant coatings on paper products, including food 
contact papers. Other uses leading to environmental releases include 
fire fighting foams. The various surface treatment uses constitute the 
largest volume of PFOS production and are believed to present the 
greatest potential for widespread human and environmental exposure to 
PFOS. Studies are underway to determine the routes of exposure which 
have led to the detection of PFOS in human and animal blood. There are 
several potential pathways that may account for the widespread exposure 
to PFOS including: Dietary intake from the consumption of food wrapped 
in paper containing PFOS derivatives; inhalation from aerosol 
applications of PFOS-containing consumer products; and inhalation, 
dietary, or dermal exposures resulting from manufacturing, as well as 
industrial, commercial, and consumer use and disposal of PFOS-derived 
chemicals and products.

E. Use Data

    PFOS and related sulfonyl-based fluorochemicals are used in a 
variety of products, which can be divided into three main categories of 
use: Surface treatments, paper protectors, and performance chemicals 
(Ref. 4). The various surface treatment and paper protection uses 
constitute the largest volume of PFOS production and are believed to 
present the greatest potential for widespread human and environmental 
exposure to PFOS.
    PFOS chemicals produced for surface treatment applications provide 
soil, oil, and water resistance to personal apparel and home 
furnishings. Specific applications in this use category include 
protection of apparel and leather, fabric/upholstery, and carpet. These 
applications are undertaken in

[[Page 62327]]

industrial settings by customers such as textile mills, leather 
tanneries, finishers, fiber producers, and carpet manufacturers. PFOS 
chemicals are also used in aftermarket treatment of apparel and 
leather, upholstery, carpet, and automobile interiors by the general 
public or professional applicators (Ref. 4). In 2000, the domestic 
production volume of PFOS chemicals for this use category is estimated 
to be approximately 2.4 million pounds (Ref. 6).
    PFOS chemicals produced for paper protection applications provide 
grease, oil, and water resistance to paper and paperboard as part of a 
sizing agent formulation. Specific applications in this use category 
include food contact applications (plates, food containers, bags, and 
wraps) regulated by the Food and Drug Administration (FDA) under 21 CFR 
176.170, as well as non-food contact applications (folding cartons, 
containers, carbonless forms, and masking papers). The application of 
sizing agents is undertaken mainly by paper mills and, to some extent, 
converters who manufacture bags, wraps, and other products from paper 
and paperboard (Ref. 4). In 2000, the domestic production volume of 
PFOS chemicals for this use category is estimated to be approximately 
2.7 million pounds (Ref. 6).
    PFOS chemicals in the performance chemicals category are used in a 
wide variety of specialized industrial, commercial, and consumer 
applications. Specific applications include fire fighting foams, mining 
and oil well surfactants, acid mist suppressants for metal plating and 
electronic etching baths, alkaline cleaners, floor polishes, 
photographic film, denture cleaners, shampoos, chemical intermediates, 
coating additives, carpet spot cleaners, and as an insecticide in bait 
stations for ants (Ref. 4). In 2000, the domestic production volume of 
PFOS chemicals for this use category is estimated to be approximately 
1.5 million pounds (Ref. 6).
    On May 16, 2000, following discussions with the Agency, 3M issued a 
press release announcing that it would discontinue the production of 
perfluorooctanyl chemicals used to produce some of its repellent and 
surfactant products. In its statement, 3M committed to ``substantially 
phase out production'' by the end of calendar year 2000 (Ref. 9). In 
subsequent correspondence with the Agency, 3M provided a schedule 
documenting its complete plan for discontinuing all manufacture of 
specific PFOS and related chemicals for most surface treatment and 
paper protection uses (including food contact uses regulated by the 
FDA) by the end of 2000, and discontinuing all manufacture for any uses 
by the end of 2002 (Ref. 6). This schedule, and 3M's anticipated 
production volumes, are summarized in Table 5.


              Table 5.--Anticipated Annual U.S. Production Volume (Pounds) for PFOS Use Categories
----------------------------------------------------------------------------------------------------------------
          Use category                   2000                2001                2002                2003
----------------------------------------------------------------------------------------------------------------
Surface treatment                 2,356,700           0                   0                   0
Paper protection                  2,670,700           0                   0                   0
Performance chemicals             1,462,500           1,011,900           443,700             0
Total                             6,489,900           1,011,900           443,700             0
----------------------------------------------------------------------------------------------------------------

    According to the information currently available to EPA, 3M is the 
sole manufacturer of PFOS chemicals affected by this proposed SNUR 
(Ref. 5). 3M plans to discontinue the manufacture of the chemicals 
identified in Table 2 of Unit I.A. (in general, those associated with 
surface treatment and paper protection uses) by the end of 2000 and to 
discontinue the chemicals identified in Table 3 of Unit I.A. (in 
general, those associated with performance chemical applications) by 
the end of 2002.

V. Objectives and Rationale for this Proposed Rule

    In determining what would constitute a significant new use for the 
chemical substances that are the subjects of this proposed SNUR, EPA 
considered relevant information on the toxicity of the substances, 
likely exposures associated with potential uses, information provided 
by industry sources, and the four factors listed in TSCA section 
5(a)(2) and Unit II.B.
    Based on these considerations, EPA wants to achieve the following 
objectives with regard to the significant new uses that are designated 
in this proposed rule. EPA wants to ensure that:
    1. EPA would receive notice of any person's intent to manufacture 
or import PFOS chemicals for a designated significant new use before 
that activity begins.
    2. EPA would have an opportunity to review and evaluate data 
submitted in a SNUN before the notice submitter begins manufacturing or 
importing the subject chemical substances for a significant new use.
    3. EPA would be able to regulate prospective manufacturers and 
importers of the subject chemical substances before a significant new 
use occurs, provided such regulation is warranted pursuant to TSCA 
section 5(e) or (f).
    EPA has concerns regarding the toxicity, persistence, and 
bioaccumulative potential of the chemical substances that are included 
in this proposed SNUR. 3M, the sole manufacturer of these chemicals in 
the United States, has chosen voluntarily to discontinue their 
manufacture and sale for all uses by December 31, 2002, and to 
substantially reduce their manufacture for their most widespread uses 
by December 31, 2000. With 3M's exit from the market, EPA believes that 
all manufacture of these chemicals likely will cease. However, EPA is 
concerned that manufacture could be reinitiated in the future, and 
wants the opportunity to evaluate and control, if appropriate, 
exposures associated with that activity. The notice that would be 
required by the SNUR would provide EPA with the opportunity to evaluate 
activities associated with a significant new use as proposed herein and 
an opportunity to protect against unreasonable risks, if any, from 
exposure to the substances which could result.
    Given that no companies other than 3M are currently producing the 
chemicals listed on Table 3 of Unit I.A., and given the negative 
commercial and regulatory environment associated with these chemicals, 
EPA believes it is unlikely that companies would incur the costs 
associated with establishing new manufacturing capacity for these 
chemicals in order to enter this market. EPA will use information 
submitted pursuant to the Inventory Update Rule (40 CFR part 710) to 
track the production volumes of these chemicals. In the event that the 
phase-out of these chemicals does not progress as

[[Page 62328]]

described in this proposed rule, EPA may pursue additional regulatory 
action as appropriate under TSCA sections 4, 6, and 8.

VI. Alternatives

    Before proposing this SNUR, EPA considered the following 
alternative regulatory actions for the chemical substances listed in 
Tables 2 and 3 of Unit I.A. In addition, EPA determined that these 
chemical substances are currently not subject to Federal notification 
requirements.
    1. Promulgate a chemical-specific TSCA section 8(a) reporting rule 
for the chemical substances listed in Tables 2 and 3 of Unit I.A. Under 
a TSCA section 8(a) rule, EPA could require any person to report 
information to the Agency when they intend to manufacture or import the 
substances listed in Tables 2 and 3 of Unit I.A. for the significant 
new uses listed in this proposed rule (15 U.S.C. 2607). However, the 
use of TSCA section 8(a) rather than SNUR authority would not provide 
the opportunity for EPA to review human and environmental hazards and 
exposures associated with the new uses of these substances and, if 
necessary, to take immediate regulatory action under TSCA section 5(e) 
or section 5(f) to prohibit or limit the activity before it begins. In 
addition, EPA may not receive important information from small 
businesses, because those firms generally are exempt from TSCA section 
8(a) reporting requirements. In view of EPA's concerns about these 
chemical substances and its interest in having the opportunity to 
regulate these substances further as needed, pending the development of 
exposure and/or hazard information should a significant new use be 
initiated, the Agency believes that a TSCA section 8(a) rule for those 
chemical substances would not meet all of EPA's regulatory objectives.
    2. Regulate the chemical substances listed in Tables 2 and 3 of 
Unit I.A. under TSCA section 6. EPA must regulate under TSCA section 6 
if there is a reasonable basis to conclude that the manufacture, 
import, processing, distribution in commerce, use, or disposal of a 
chemical substance or mixture ``presents or will present'' an 
unreasonable risk of injury to human health or the environment. Given 
the decision by the sole manufacturer 3M to discontinue manufacturing 
these chemicals, and thus to remove the bulk of the existing potential 
risk which they present, EPA concluded that risk management action 
under TSCA section 6 is probably not necessary at this time. This 
proposed SNUR will allow the Agency to address the potential risks 
associated with any intended significant new use of these substances. 
If the phase-out of these chemicals does not occur as anticipated, EPA 
may reconsider this decision and pursue additional regulatory action as 
appropriate.

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

    EPA believes that the intent of TSCA section 5(a)(1)(B) is best 
served by designating a use as a significant new use as of the proposal 
date of the SNUR, rather than as of the effective date of the final 
rule. If uses begun after publication of the proposed SNUR were 
considered to be ongoing, rather than new, it would be difficult for 
EPA to establish SNUR notice requirements, because any person could 
defeat the SNUR by initiating the proposed significant new use before 
the rule became final, and then argue that the use was ongoing.
    Persons who begin commercial manufacture or import of PFOS for the 
significant new uses listed in this proposed SNUR after the proposal 
has been published must stop that activity before the effective date of 
the final rule. Persons who ceased those activities will have to meet 
all SNUR notice requirements and wait until the end of the notice 
review period, including all extensions, before engaging in any 
activities designated as significant new uses. If, however, persons who 
begin commercial manufacture or import of these chemical substances 
between the proposal and the effective date of the SNUR meet the 
conditions of advance compliance as codified at 40 CFR 721.45(h), those 
persons will be considered to have met the final SNUR requirements for 
those activities.

VIII. Test Data and Other Information

    EPA recognizes that under TSCA section 5, persons are not required 
to develop any particular test data before submitting a SNUN. Rather, 
persons are required only to submit test data in their possession or 
control and to describe any other data known to, or reasonably 
ascertainable by them (15 U.S.C. 2604(d); 40 CFR 721.25).
    However, in view of the potential health and environmental risks 
posed by the significant new uses of the chemical substances listed in 
Table 2 and Table 3 of Unit I.A., EPA requests that potential SNUN 
submitters include data that would permit a reasoned evaluation of 
risks posed by these chemical substances when used for an intended 
significant new use. EPA currently believes that the known or 
reasonable ascertainable results of the following tests could help 
adequately characterize possible health effects of these chemical 
substances: Reproductive and developmental toxicity studies, 
mutagenicity, gene mutation, immunotoxicity, neurotoxicity, 
carcinogenicity, and acute, subchronic, and chronic toxicity studies, 
as well as pharmacokinetics and mechanistic studies. Because of the 
specific concerns that EPA has for the persistence and bioaccumulation 
potential of these chemicals, EPA also encourages SNUN submitters to 
provide information on environmental fate and transport, specifically 
including measured values for the octanol/water partition coefficient 
(log P), log of the soil/sediment adsorption coefficient (log Koc), 
bioconcentration factor (BCF), melting and/or boiling point, vapor 
pressure, Henry's Law constant, biodegradation, atmospheric oxidation 
and the fugacity-based multimedia equilibrium criterion level lll (EQC 
lll) model (Ref. 10). However, completion of those studies may not be 
the only means of identifying potential risks. For example, analyses of 
potential exposure may demonstrate that associated risks would be of 
low concern. A SNUN submitted without accompanying test data may 
increase the likelihood that EPA will take action under TSCA section 
5(e).
    EPA encourages persons to consult with the Agency before submitting 
a SNUN for any of the PFOS substances listed in Table 2 or Table 3 of 
Unit I.A. As part of this optional pre-notice consultation, EPA will 
discuss specific test data it believes are necessary to evaluate a 
significant new use of the chemical substances and advise the submitter 
on the selection of test protocols. The Agency requests that all test 
data be developed according to the TSCA Good Laboratory Practice 
Standards in 40 CFR part 792. Failure to do so may result in EPA's 
finding that submitted data are insufficient to reasonably evaluate the 
health effects and public health implications of these chemical 
substances.
    EPA urges SNUN submitters to provide detailed information on human 
and environmental exposures that would result or could reasonably be 
anticipated to result from the significant new uses of the chemical 
substances listed in Table 2 and Table 3 of Unit I.A. and at 
Sec. 721.9582 of the proposed regulation. In addition, EPA encourages 
persons to submit information on potential benefits of these chemical 
substances and information on risks posed by these chemical substances 
compared to risks posed by possible substitutes.

[[Page 62329]]

IX. Economic Considerations

    EPA has evaluated the potential costs of establishing a SNUR for 
PFOS listed in Table 2 and Table 3 of Unit I.A. These potential costs 
are related to the submission of SNUNs, the export notification 
requirements of TSCA section 12(b), and the development of test data. 
EPA notes that, with the possible exception of the export notification 
requirements, these costs will not be incurred by any company unless 
that company decides to pursue a significant new use as defined in this 
SNUR.

A. SNUNs

    Because of uncertainties related to predicting the number of SNUNs 
that will be submitted as a result of this SNUR, EPA is unable to 
calculate the total annual cost of compliance with the final rule. 
However, EPA estimates that the cost for preparation and submission of 
a SNUN ranges from approximately $8,500 to $9,800, which includes a 
$2,500 user fee (Ref. 11). EPA notes that small businesses with annual 
sales of less than $40 million are subject to a reduced user fee of 
$100.
    Based on past experience with SNURs and the low number of SNUNs 
which are submitted on an annual basis, EPA believes that there would 
be few, if any, SNUNs submitted as a result of this SNUR. Furthermore, 
no company is required to submit a SNUN for the chemicals listed in 
this SNUR unless that company decides to begin manufacture or 
importation those chemicals. As a result, EPA expects that companies 
would be able to determine if the burden of submitting a SNUN would be 
likely to create significant adverse economics impacts for the company 
prior to incurring SNUN-related costs.

B. Export Notification

    As noted in Unit II.A., persons who intend to export a chemical 
substance identified in a proposed or final SNUR are subject to the 
export notification provisions of TSCA section 12(b) (15 U.S.C. 2611 
(b)). These provisions require that a company notify EPA of the first 
shipment to a particular country of an affected chemical. EPA believes 
that most companies comply with these provisions by compiling a list of 
products that are subject to TSCA section 12(b) reporting. Outgoing 
orders are checked to see if the chemical or product is on the list, 
and whether it is the first shipment to the importing country or the 
first shipment of the calendar year to that country. If so, a form 
letter is sent to EPA. In most cases, the entire process is 
computerized. The estimated cost of the TSCA section 12(b)(1) export 
notification, which would be required for the first export to a 
particular country of a chemical subject to the rule, is estimated to 
be $83.38 for the first time that an exporter must comply with TSCA 
section 12(b)(1) export notification requirements, and $19.08 for each 
subsequent export notification submitted by that exporter (Ref. 12).
    EPA is unable to estimate the total number of TSCA section 12(b) 
notifications that will be received as a result of this SNUR, or the 
total number of companies that will file these notices. However, EPA 
expects that the total cost of complying with the export notification 
provisions of TSCA section 12(b) will be limited based on historical 
experience with TSCA section 12(b) notifications, the relatively few 
companies with fluorocarbon production capabilities, and the limited 
number of chemicals listed in this SNUR. If companies were to 
manufacture any of the chemicals covered by this SNUR for export only, 
these companies would incur costs associated with export notification 
even if these companies decided to forgo any domestic significant new 
use. EPA is not aware of any companies in this situation, and expects 
that any potential impact would be limited to the small burden of 
export notification.

C. Testing

    In Unit VIII., EPA has identified certain tests that SNUN 
submitters may choose to conduct to assist EPA in evaluating the risks 
posed by these chemical substances when used for an intended 
significant new use. The estimated cost of these tests ranges from 
$1,450 for the acute oral toxicity test using the up-or-down method to 
$2.24 million for the 2-species carcinogenicity test by the inhalation 
route (Ref. 13).
    As noted in Unit VIII., development of any particular test data 
would be at the discretion of the submitter of the SNUN. EPA is not 
able to predict which specific tests will be conducted for chemicals 
that are the subject of SNUNs. However, EPA notes that companies would 
be able to determine if the burden of developing test data would be 
likely to create significant adverse economic impacts for the company 
prior to incurring these testing costs.

X. References

    These references have been placed in the official record that was 
established under docket control number OPPTS-50639 for this rulemaking 
as indicated in Unit I.B.2. Reference documents identified with an 
administrative record number (AR) are cross-indexed to non-regulatory, 
publicly accessible information files maintained in the TSCA 
Nonconfidential Information Center. Copies of these documents can be 
obtained as described in Unit I.B.2.
    1. (AR226-0620) Sulfonated Perfluorochemicals in the Environment: 
Sources, Dispersion, Fate, and Effects. 3M. St. Paul, MN. March 1, 
2000.
    2. (AR226-0547) The Science of Organic Fluorochemistry. 3M. St. 
Paul, MN. February 5, 1999.
    3. (AR226-0548) Perfluorooctane Sulfonate: Current Summary of Human 
Sera, Health and Toxicology Data. 3M. St. Paul, MN. January 21, 1999.
    4. (AR226-0550) Fluorochemical Use, Distribution, and Release 
Overview. 3M. St. Paul, MN. May 26, 1999.
    5. Rice, Cody. Domestic Manufacturers or Importers of PFOS 
Chemicals Other Than 3M. USEPA/OPPT/EETD. Washington, DC. August 31, 
2000.
    6. (AR226-0600) Weppner, William A. Phase-out Plan for POSF-Based 
Products. 3M. St. Paul, MN. July 7, 2000.
    7. MacKay, D., DiGuardo, A., Paterson, S., and Cowan, C.E. 
Evaluating the Environmental Fate of a Variety of Types of Chemicals 
Using the EQC Model. Environmental Toxicology and Chemistry. SETAC 
Press. Houston, TX. 1996. Vol. 15, No. 9, pp.1627-1637.
    8. Seed, Jennifer. Hazard Assessment and Biomonitoring Data on 
Perfluorooctane Sulfonate--PFOS. USEPA/EPA/RAD. Washington, DC. August 
31, 2000.
    9. 3M Phasing Out Some of its Specialty Materials. 3M News. 3M. St. 
Paul, MN. May 16, 2000.
    10. Guidelines for the requested fate and transport data can be 
found in OPPTS Harmonized Test Guidelines, Series 835, Fate, Transport 
And Transformation Test Guidelines. These guidelines, both Public 
Drafts and Finals, are available electronically in PDF (portable 
document format) on the EPA World Wide Web site, see Unit I.B.1., or in 
paper by contacting the OPP Public Docket at (703) 305-5805 or by e-
mail at: <a href="/cdn-cgi/l/email-protection#99f6e9e9b4fdf6faf2fcedd9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="325d42421f565d51595746725742531c555d44">[email protected]</span></a>. Final guidelines, only, are available from 
the U.S. Government Printing Office Bookstore, 810 North Capitol St., 
NW., Washington, DC or by calling (202) 512-1800 and ordering ASCII 
disks or paper copies. The EQC model is available for download from the 
Trent University web site at http://www.trentu.ca/envmodel.
    11. (AR 204-001) TSCA Section 5(a)(2) Significant New Use Rules for

[[Page 62330]]

Existing Chemicals. ICR #1188.06, OMB No. 2070-0038 (Undated).
    12. (AR 205-001) TSCA Section 12(b) Notification of Chemical 
Exports. ICR #0795.10, OMB No. 2070-0030 (Undated).
    13. Rice, Cody. Estimated Costs of Testing Recommended for PFOS 
SNUR. USEPA/OPPT/EETD. Washington, DC. July 25, 2000.

XI. Regulatory Assessment Requirements

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has determined that SNURs are not a ``significant 
regulatory action'' subject to review by OMB, because SNURs do not meet 
the criteria in section 3(f) of the Executive Order.
    Based on EPA's experience with past SNURs, State, local, and tribal 
governments have not been impacted by these rulemakings, and EPA does 
not have any reasons to believe that any State, local, or tribal 
government will be impacted by this rulemaking. As such, EPA has 
determined that this regulatory action does not impose any enforceable 
duty, contain any unfunded mandate, or otherwise have any affect on 
small governments subject to the requirements of sections 202, 203, 
204, or 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public 
Law 104-4).
    Similarly, this action is not subject to the requirement for prior 
consultation with Indian tribal governments as specified in Executive 
Order 13084, entitled Consultation and Coordination with Indian Tribal 
Governments (63 FR 27655, May 19,1998). Nor will this action have a 
substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999).
    In issuing this proposed rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988, entitled Civil Justice Reform (61 
FR 4729, February 7, 1996).
    EPA has complied with Executive Order 12630, entitled Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights (53 FR 8859, March 15, 1988), by examining the takings 
implications of this proposed rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the Executive Order.
    This action does not involve special considerations of 
environmental justice related issues as required by Executive Order 
12898, entitled Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations (59 FR 7629, February 
16, 1994).
    This action is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this is not an economically 
significant regulatory action as defined by Executive Order 12866, and 
this action does not address environmental health or safety risks 
disproportionately affecting children.
    In addition, since this action does not involve any technical 
standards, section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 
U.S.C. 272 note), does not apply to this action.
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation 
of this SNUR will not have a significant adverse economic impact on a 
substantial number of small entities. A SNUR applies to any person 
(including small or large entities) who intends to engage in any 
activity described in the rule as a ``significant new use.'' By 
definition of the word ``new,'' and based on all information currently 
available to EPA, it appears that no small or large entities currently 
engage in such activity. Since a SNUR requires merely that any person 
who intends to engage in such activity in the future must first notify 
EPA (by submitting a SNUN), no economic impact will even occur until 
someone decides to engage in those activities. As a voluntary action, 
it is reasonable to presume that this decision would be based on a 
determination by the person submitting the SNUN that the potential 
benefits would outweigh the costs. Although some small entities may 
decide to conduct such activities in the future, EPA cannot presently 
determine how many, if any, there may be. EPA's experience to date is 
that, in response to the promulgation of over 530 SNURs, the Agency has 
received fewer than 15 SNUNs. Of those SNUNs submitted, none appear to 
be from small entities. In fact, EPA expects to receive few, if any, 
SNUNs from either large or small entities in response to any SNUR. 
Therefore, EPA believes that, the economic impact of complying with a 
SNUR is not expected to be significant or adversely impact a 
substantial number of small entities. This rationale has been provided 
to the Chief Counsel for Advocacy of the Small Business Administration.
    According to the Paperwork Reduction Act (PRA), 44 USC 3501 et 
seq., an agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations, after initial display in the Federal Register and in 
addition to its display on any related collection instrument, are 
listed in 40 CFR part 9.
    The information collection requirements related to this action have 
already been approved by OMB pursuant to the PRA under OMB control 
number 2070-0038 (EPA ICR No. 1188.06). This action does not impose any 
burden requiring additional OMB approval. If an entity were to submit a 
SNUN to the Agency, the annual burden is estimated to average between 
98.96 and 118.92 hours per response at an estimated reporting cost of 
between $5,957 and $7,192 per SNUN. This burden estimate includes the 
time needed to review instructions, search existing data sources, 
gather and maintain the data needed, and complete, review and submit 
the required significant new use notice, and maintain the required 
records. This burden estimate does not include 1 hour of technical time 
at $64.30 per hour estimated to be required for customer notification 
of SNUR requirements, or the $2,500 user fee for submission of a SNUN 
($100 for businesses with less than $40 million in annual sales).
    Send any comments about the accuracy of the burden estimate, and 
any suggested methods for minimizing respondent burden, including 
through the use of automated collection techniques, as instructed in 
Unit I.C. or to the Director, Collection Strategies Division, Office of 
Environmental Information,. Environmental Protection Agency (2822), 
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please remember to 
include the OMB control number in any correspondence, but do not submit 
any completed forms to this address.

List of Subjects in 40 CFR Part 721

    Environmental Protection, Chemicals, Hazardous materials, 
Recordkeeping and reporting requirements.



[[Page 62331]]


    Dated: October 12, 2000.

  William H. Sanders, III

Director, Office of Pollution Prevention and Toxics.


    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 721--[AMENDED]

     1. The authority citation for part 721 would continue to read as 
follows:

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


     2. By adding new Sec. 721.9582 to subpart E to read as follows:


Sec. 721.9582  Certain perfluorooctyl sulfonates.

    (a) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances listed in Tables 1 and 2 of this 
paragraph are subject to reporting under this section for the 
significant new uses described in paragraph (a)(2) of this section.

             Table 1.--Chemicals Requiring a Significant New Use Notice On or After January 1, 2001
----------------------------------------------------------------------------------------------------------------
                   CAS No./PMN                                Ninth Collective Index chemical name
---------------------------------------------------------------------------------------------------------------
383-07-3.......................................  2-Propenoic acid, 2-
                                                  [butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester.
423-82-5.......................................  2-Propenoic acid, 2-
                                                  [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester.
2250-98-8......................................  1-Octanesulfonamide, N,N',N''-[phosphinylidynetris(oxy-2,1-
                                                  ethanediyl)]tris[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                                  heptadecafluoro-.
14650-24-9.....................................  2-Propenoic acid, 2-methyl-, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester.
30381-98-7.....................................  1-Octanesulfonamide, N,N'-[phosphinicobis(oxy-2,1-
                                                  ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                                  heptadecafluoro-, ammonium salt.
55120-77-9.....................................  1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-
                                                  tridecafluoro-, lithium salt.
57589-85-2.....................................  Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-
                                                  [[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-
                                                  , monopotassium salt.
61660-12-6.....................................  1-Octanesulfonamide, N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-
                                                  (trimethoxysilyl)propyl]-.
67969-69-1.....................................  1-Octanesulfonamide, N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-
                                                  (phosphonooxy)ethyl]-, diammonium salt.
68156-01-4.....................................  Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-,
                                                  potassium salt.
68329-56-6.....................................  2-Propenoic acid, eicosyl ester, polymer with 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-
                                                  propenoate, hexadecyl 2-propenoate, 2-
                                                  [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate,
                                                  2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-
                                                  propenoate, 2-
                                                  [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-
                                                  propenoate, 2-
                                                  [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-
                                                  propenoate and octadecyl 2-propenoate.
68555-91-9.....................................  2-Propenoic acid, 2-methyl-, 2-
                                                  [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester,
                                                  polymer with 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl
                                                  2-methyl-2-propenoate, 2-
                                                  [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-
                                                  2-propenoate, 2-
                                                  [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-
                                                  propenoate, 2-
                                                  [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-
                                                  propenoate and octadecyl 2-methyl-2-propenoate.
68555-92-0.....................................  2-Propenoic acid, 2-methyl-, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester,
                                                  polymer with 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl
                                                  2-methyl-2-propenoate, 2-
                                                  [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-
                                                  2-propenoate, 2-
                                                  [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-
                                                  propenoate, 2-
                                                  [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-
                                                  propenoate and octadecyl 2-methyl-2-propenoate.
68608-14-0.....................................  Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-
                                                  (hydroxyethyl), reaction products with 1,1'-methylenebis[4-
                                                  isocyanatobenzene].
68909-15-9.....................................  2-Propenoic acid, eicosyl ester, polymers with branched octyl
                                                  acrylate, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate,
                                                  2-[methyl[(nonafluorobutyl) sulfonyl]amino]ethyl acrylate, 2-
                                                  [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl
                                                  acrylate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl
                                                  acrylate, 2-[methyl[(undecafluoropentyl)
                                                  sulfonyl]amino]ethyl acrylate, polyethylene glycol acrylate
                                                  Me ether and stearyl acrylate.
70776-36-2.....................................  2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with
                                                  1,1-dichloroethene, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-
                                                  propenoate, N-(hydroxymethyl)-2-propenamide, 2-
                                                  [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate,
                                                  2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-
                                                  propenoate, 2-
                                                  [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-
                                                  propenoate and 2-
                                                  [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-
                                                  propenoate.
73772-32-4.....................................  1-Propanesulfonic acid, 3-[[3-
                                                  (dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]-2-
                                                  hydroxy-, monosodium salt.
81190-38-7.....................................  1-Propanaminium, N-(2-hydroxyethyl)-3-[(2-hydroxy-3-
                                                  sulfopropyl) [(tridecafluorohexyl)sulfonyl]amino]-N,N-
                                                  dimethyl-, hydroxide, monosodium salt.
94133-90-1.....................................  1-Propanesulfonic acid, 3-[[3-
                                                  (dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]-
                                                  2-hydroxy-, monosodium salt.
117806-54-9....................................  1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                                  pentadecafluoro-, lithium salt.
127133-66-8....................................  2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate,
                                                  lauryl methacrylate and 2-[methyl[(perfluoro-C4-8-
                                                  alkyl)sulfonyl]amino]ethyl methacrylate.
129813-71-4....................................  Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-
                                                  (oxiranylmethyl).
148240-78-2....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters.
148240-79-3....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl esters.
148240-80-6....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl esters.
148240-81-7....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl esters.
148240-82-8....................................  Fatty acids, C18-unsatd., trimers, 2-
                                                  [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl esters.
148684-79-1....................................  Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-
                                                  methyl, reaction products with 1,6-diisocyanatohexane
                                                  homopolymer and ethylene glycol.
178535-22-3....................................  Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-
                                                  (hydroxyethyl)-, polymers with 1,1'-methylenebis[4-
                                                  isocyanatobenzene] and polymethylenepolyphenylene
                                                  isocyanate, 2-ethylhexyl esters, Me Et ketone oxime-blocked.
P-83-1102......................................  Fatty acids, linseed-oil, dimers, 2-
                                                  [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters.
P-84-1163......................................  Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-,
                                                  polymer with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and
                                                  N,N',2-tris(6-isocyanatohexyl)imidodicarbonic diamide,
                                                  reaction products with N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-
                                                  hydroxyethyl)-1-octanesulfonamide and N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-
                                                  hydroxyethyl)-1-heptanesulfonamide, compds. with
                                                  triethylamine.

[[Page 62332]]

 
P-84-1171......................................  Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-,
                                                  polymer with 1,1'-methylenebis[4-isocyanatobenzene] and
                                                  1,2,3-propanetriol, reaction products with N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-
                                                  hydroxyethyl)-1-octanesulfonamide and N-ethyl-
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-
                                                  hydroxyethyl)-1-heptanesulfonamide, compds. with morpholine.
P-86-0301......................................  Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-
                                                  methyl, reaction products with 12-hydroxystearic acid and
                                                  2,4-TDI, ammonium salts.
P-89-0799......................................  Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-
                                                  (hydroxyethyl), reaction products with 2-ethyl-1-hexanol and
                                                  polymethylenepolyphenylene isocyanate.
P-94-0545......................................  1-Hexadecanaminium, N,N-dimethyl-N-[2-[(2-methyl-1-oxo-2-
                                                  propenyl)oxy]ethyl]-, bromide, polymers with Bu acrylate, Bu
                                                  methacrylate and 2-[methyl[(perfluoro-C4-8-
                                                  alkyl)sulfonyl]amino]ethyl acrylate.
P-94-0927......................................  2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer
                                                  with 2,4-diisocyanato-1-methylbenzene, 2-ethyl-2-
                                                  (hydroxymethyl)-1,3-propanediol and 2-propenoic acid, N-
                                                  ethyl-N-(hydroxyethyl)perfluoro-C4-8-alkanesulfon amides-
                                                  blocked.
P-94-2205......................................  Polymethylenepolyphenylene isocyanate and bis(4-NCO-
                                                  phenyl)methane reaction products with 2-ethyl-1-hexanol, 2-
                                                  butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8
                                                  perfluoroalkanesulfonamide.
P-94-2206......................................  Siloxanes and Silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-
                                                  propenyl)oxy]propylgroup]-terminated, polymers with 2-
                                                  [methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate
                                                  and stearyl methacrylate.
P-96-1645......................................  Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-
                                                  alkyl)sulfonyl]amino]ethyl esters.
P-97-0790......................................  1-Decanaminium, N-decyl-N,N-dimethyl-, salt with
                                                  1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1-
                                                  octanesulfonic acid (1:1).
P-98-0251......................................  2-Propenoic acid, butyl ester, polymers with acrylamide, 2-
                                                  [methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate
                                                  and vinylidene chloride.
P-98-1272......................................  2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester,
                                                  polymers with acrylic acid, 2-[methyl[(perfluoro-C4-8-
                                                  alkyl)sulfonyl]amino]ethyl acrylate and propylene glycol
                                                  monoacrylate, hydrolyzed, compds. with 2,2'-
                                                  (methylimino)bis[ethanol].
P-99-0188......................................  Hexane, 1,6-diisocyanato-, homopolymer, N-(hydroxyethyl)-N-
                                                  methyl perfluoro C4-8-alkane sulfonamide- and stearyl alc.-
                                                  blocked.
P-99-0319......................................  Poly(oxy-1,2-ethanediyl), .alpha.-[2-(methylamino)ethyl]-
                                                  .omega.-[(1,1,3,3-tetramethylbutyl)phenoxy]-, N-[(perfluoro-
                                                  C4-8-alkyl)sulfonyl] derivs..
----------------------------------------------------------------------------------------------------------------


   Table 2.--Chemicals Subject to Volume Cap Restrictions On or After
 January 1, 2001 and Requiring a Significant New Use Notice On or After
                             January 1, 2003
------------------------------------------------------------------------
         CAS No./PMN             Ninth Collective Index chemical name
------------------------------------------------------------------------
307-35-7....................  1-Octanesulfonyl fluoride,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-
307-51-7....................  1-Decanesulfonyl fluoride,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10
                               ,10-heneicosafluoro-
376-14-7....................  2-Propenoic acid, 2-methyl-, 2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl ester
423-50-7....................  1-Hexanesulfonyl fluoride,
                               1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
754-91-6....................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-
1652-63-7...................  1-Propanaminium, 3-
                               [[(heptadecafluorooctyl)sulfonyl]amino]-
                               N,N,N-trimethyl-, iodide
1691-99-2...................  1-Octanesulfonamide, N-ethyl-
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-(2-hydroxyethyl)-
1763-23-1...................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-
2795-39-3...................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-, potassium salt
2991-51-7...................  Glycine, N-ethyl-N-
                               [(heptadecafluorooctyl)sulfonyl]-,
                               potassium salt
4151-50-2...................  1-Octanesulfonamide, N-ethyl-
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-
17202-41-4..................  1-Nonanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-
                               nonadecafluoro-, ammonium salt
24448-09-7..................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-(2-hydroxyethyl)-N-
                               methyl-
25268-77-3..................  2-Propenoic acid, 2-
                               [[(heptadecafluorooctyl)sulfonyl]methylam
                               ino]ethyl ester
29081-56-9..................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-, ammonium salt
29117-08-6..................  Poly(oxy-1,2-ethanediyl), .alpha.-[2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl]-.omega.-hydroxy-
29457-72-5..................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-, lithium salt
31506-32-8..................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-methyl-
38006-74-5..................  1-Propanaminium, 3-
                               [[(heptadecafluorooctyl)sulfonyl]amino]-
                               N,N,N-trimethyl-, chloride
38850-58-7..................  1-Propanaminium, N-(2-hydroxyethyl)-N,N-
                               dimethyl-3-[(3-
                               sulfopropyl)[(tridecafluorohexyl)sulfonyl
                               ]amino]-, inner salt
67584-42-3..................  Cyclohexanesulfonic acid,
                               decafluoro(pentafluoroethyl)-, potassium
                               salt
67906-42-7..................  1-Decanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10
                               ,10-heneicosafluoro-, ammonium salt
68298-62-4..................  2-Propenoic acid, 2-
                               [butyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl ester, telomer with 2-
                               [butyl[(pentadecafluoroheptyl)sulfonyl]am
                               ino]ethyl 2-propenoate, methyloxirane
                               polymer with oxirane di-2-propenoate,
                               methyloxirane polymer with oxirane mono-2-
                               propenoate and 1-octanethiol
68541-80-0..................  2-Propenoic acid, polymer with 2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl 2-methyl-2-propenoate and
                               octadecyl 2-propenoate
68555-90-8..................  2-Propenoic acid, butyl ester, polymer
                               with 2-[[(heptadecafluorooctyl)sulfonyl]
                               methylamino]ethyl 2-propenoate, 2-
                               [methyl[(nonafluorobutyl)sulfonyl]amino]e
                               thyl 2-propenoate, 2-
                               [methyl[(pentadecafluoroheptyl)sulfonyl]a
                               mino]ethyl 2-propenoate, 2-
                               [methyl[(tridecafluorohexyl)sulfonyl]amin
                               o]ethyl 2-propenoate and 2-
                               [methyl[(undecafluoropentyl)sulfonyl]amin
                               o]ethyl 2-propenoate
68586-14-1..................  2-Propenoic acid, 2-
                               [[(heptadecafluorooctyl)sulfonyl]methylam
                               ino]ethyl ester, telomer with 2-
                               [methyl[(nonafluorobutyl)sulfonyl]amino]e
                               thyl 2-propenoate, .alpha.-(2-methyl-1-
                               oxo-2-propenyl)-.omega.-hydroxypoly(oxy-
                               1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-
                               2-propenyl)-.omega.-[(2-methyl-1-oxo-2-
                               propenyl)oxy]poly(oxy-1,2-ethanediyl), 2-
                               [methyl[(pentadecafluoroheptyl)sulfonyl]a
                               mino]ethyl 2-propenoate, 2-
                               [methyl[(tridecafluorohexyl)sulfonyl]amin
                               o]ethyl 2-propenoate, 2-
                               [methyl[(undecafluoropentyl)sulfonyl]amin
                               o]ethyl 2-propenoate and 1-octanethiol

[[Page 62333]]

 
68649-26-3..................  1-Octanesulfonamide, N-ethyl-
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-(2-hydroxyethyl)-,
                               reaction products with N-ethyl-
                               1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-
                               hydroxyethyl)-1-butanesulfonamide, N-
                               ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                               pentadecafluoro-N-(2-hydroxyethyl)-1-
                               heptanesulfonamide, N-ethyl-
                               1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-
                               (2-hydroxyethyl)-1-hexanesulfonamide, N-
                               ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
                               N-(2-hydroxyethyl)-1-pentanesulfonamide,
                               polymethylenepolyphenylene isocyanate and
                               stearyl alc.
68867-60-7..................  2-Propenoic acid, 2-
                               [[(heptadecafluorooctyl)sulfonyl]methylam
                               ino]ethyl ester, polymer with 2-
                               [methyl[(nonafluorobutyl)sulfonyl]amino]e
                               thyl 2-propenoate, 2-
                               [methyl[(pentadecafluoroheptyl)sulfonyl]a
                               mino]ethyl 2-propenoate, 2-
                               [methyl[(tridecafluorohexyl)sulfonyl]amin
                               o]ethyl 2-propenoate, 2-
                               [methyl[(undecafluoropentyl)sulfonyl]amin
                               o]ethyl 2-propenoate and .alpha.-(1-oxo-2-
                               propenyl)-.omega.-methoxypoly(oxy-1,2-
                               ethanediyl)
68867-62-9..................  2-Propenoic acid, 2-methyl-, 2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl ester, telomer with 2-
                               [ethyl[(nonafluorobutyl)sulfonyl]amino]et
                               hyl 2-methyl-2-propenoate, 2-
                               [ethyl[(pentadecafluoroheptyl)sulfonyl]am
                               ino]ethyl 2-methyl-2-propenoate, 2-
                               [ethyl[(tridecafluorohexyl)sulfonyl]amino
                               ]ethyl 2-methyl-2-propenoate, 2-
                               [ethyl[(undecafluoropentyl)sulfonyl]amino
                               ]ethyl 2-methyl-2-propenoate, 1-
                               octanethiol and .alpha.-(1-oxo-2-
                               propenyl)-.omega.-methoxypoly(oxy-1,2-
                               ethanediyl)
68891-96-3..................  Chromium, diaquatetrachloro[.mu.-[N-ethyl-
                               N-
                               [(heptadecafluorooctyl)sulfonyl]glycinato-
                               .kappa.O:.kappa.O']]-.mu.-hydroxybis(2-
                               methylpropanol)di-
68958-61-2..................  Poly(oxy-1,2-ethanediyl), .alpha.-[2-
                               [ethyl[(heptadecafluorooctyl)sulfonyl]ami
                               no]ethyl]-.omega.-methoxy-
70225-14-8..................  1-Octanesulfonic acid,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-, compd. with 2,2'-
                               iminobis[ethanol] (1:1)
71487-20-2..................  2-Propenoic acid, 2-methyl-, methyl ester,
                               polymer with ethenylbenzene, 2-
                               [[(heptadecafluorooctyl)sulfonyl]methylam
                               ino]ethyl 2-propenoate, 2-
                               [methyl[(nonafluorobutyl)sulfonyl]amino]e
                               thyl 2-propenoate, 2-
                               [methyl[(pentadecafluoroheptyl)sulfonyl]a
                               mino]ethyl 2-propenoate, 2-
                               [methyl[(tridecafluorohexyl)sulfonyl]amin
                               o]ethyl 2-propenoate, 2-
                               [methyl[(undecafluoropentyl)sulfonyl]amin
                               o]ethyl 2-propenoate and 2-propenoic acid
91081-99-1..................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-(2-hydroxyethyl)-N-
                               methyl-, polymer
                               with(chloromethyl)oxirane,
                               1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-
                               hydroxyethyl)-N-methyl-1-
                               butanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                               pentadecafluoro-N-(2-hydroxyethyl)-N-
                               methyl-1-heptanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-
                               (2-hydroxyethyl)-N-methyl-1-
                               hexanesulfonamide and
                               1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-
                               hydroxyethyl)-N-methyl-1-
                               pentanesulfonamide, hexanedioate (ester)
98999-57-6..................  Sulfonamides, C7-8-alkane, perfluoro, N-
                               methyl-N-[2-[(1-oxo-2-propenyl)
                               oxy]ethyl], polymers with 2-ethoxyethyl
                               acrylate, glycidyl methacrylate and N,N,N-
                               trimethyl-2-[(2-methyl-1-oxo-2-
                               propenyl)oxy]ethanaminiumchloride
182700-90-9.................  1-Octanesulfonamide,
                               1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                               heptadecafluoro-N-methyl-, reaction
                               products with benzene-chlorine-sulfur
                               chloride (S2Cl2) reaction products
                               chlorides
L-92-0151...................  2-Propenoic acid, 2-methyl-, butyl ester,
                               polymer with 2-methyl-, 2-[ethyl
                               [(heptadecafluorooctyl)sulfonyl]amino]eth
                               yl 2-methyl-2-propenoate, 2-
                               [ethyl[(nonafluorobutyl)sulfonyl]amino]et
                               hyl 2-methyl-2-propenoate, 2-
                               [ethyl[(pentadecafluoroheptyl)sulfonyl]am
                               ino]ethyl 2-methyl-2-propenoate, 2-
                               [ethyl[(tridecafluorohexyl)sulfonyl]amino
                               ]ethyl 2-methyl-2-propenoate, and 2-
                               propenoic acid
P-80-0183...................  Sulfonamides, C4-8-alkane, perfluoro, N-[3-
                               (dimethylamino)propyl], reaction products
                               with acrylic acid
P-86-0958...................  2-Propenoic acid, 2-methyl-, dodecyl
                               ester, polymers with 2-[methyl[(perfluoro-
                               C4-8-alkyl)sulfonyl]amino]ethyl acrylate
                               and vinylidene chloride
P-90-0111...................  Sulfonamides, C4-8-alkane, perfluoro, N-
                               methyl-N-[(3-octadecyl-2-oxo-5-
                               oxazolidinyl)methyl]
P-91-1419...................  Poly(oxy-1,2-ethanediyl), .alpha.-hydro-
                               .omega.-hydroxy-, polymer with 1,6-
                               diisocyanatohexane, N-(2-hydroxyethyl)-N-
                               methyl perfluoro C4-8-alkane sulfonamide-
                               blocked
P-93-1444...................  2-Propenoic acid, 2-methyl-, dodecyl
                               ester, polymers with N-(hydroxymethyl)-2-
                               propenamide, 2-[methyl[(perfluoro-C4-8-
                               alkyl)sulfonyl]amino]ethyl methacrylate,
                               stearyl methacrylate and vinylidene
                               chloride
P-95-0120...................  Sulfonamides, C4-8-alkane, perfluoro, N,N'-
                               [1,6-hexanediylbis[[2-oxo-3,5-
                               oxazolidinediyl)methylene]]bis[N-methyl-
P-96-1262...................  Sulfonic acids, C6-8-alkane, perfluoro,
                               compds. with polyethylene-polypropylene
                               glycol bis(2-aminopropyl) ether
P-96-1424...................  2-Propenoic acid, 2-methyl-, 2-
                               (dimethylamino)ethyl ester, telomers with
                               2-[ethyl[(perfluoro-C4-8-
                               alkylsulfonyl]amino]ethyl methacrylate
                               and 1-octanethiol, N-oxides
P-96-1433...................  Sulfonamides, C4-8-alkane, perfluoro, N-[3-
                               (dimethyloxidoamino)propyl], potassium
                               salts
------------------------------------------------------------------------

    (2) The significant new uses are:
    (i) Any manufacture or import for any use of any chemical listed in 
Table 1 of paragraph (a)(1) of this section on or after January 1, 
2001.
    (ii) Any manufacture or import for any use of any one or more of 
the chemicals listed in Table 2 of paragraph (a)(1) of this section in 
excess of an aggregate volume for all of these chemicals of 1,100,000 
pounds per person per calendar year on or after January 1, 2001 and 
before January 1, 2003.
    (iii) Any manufacture or import for any use of any of the chemicals 
listed in Table 2 of paragraph (a)(1) of this section on or after 
January 1, 2003.
    (b) [Reserved].

[FR Doc. 00-26751 Filed 10-17-00; 8:45 am]
BILLING CODE 6560-50-S


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