[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Proposed Rules]
[Pages 69889-69891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50639A; FRL-6756-9]
RIN 2070-AD43


Perfluorooctyl Sulfonates, Proposed Significant New Use Rule; 
Extension of Comment Period

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule; extension of comment period.

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SUMMARY:  EPA is extending the existing comment period for the proposed 
significant new use rule (SNUR) on perfluorooctyl sulfonates published 
on

[[Page 69890]]

October 18, 2000, in the Federal Register. In response to several 
requests, the comment period is being extended by 45 days, until 
January 1, 2001. The comment period was scheduled to close on November 
17, 2000. The proposed SNUR under section 5(a)(2) of the Toxic 
Substances Control Act (TSCA) applies to 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 the proposed rule as perfluorooctyl sulfonates, or 
PFOS. The 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 docket control number OPPTS-50639A, 
must be received on or before January 1, 2001.

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

FOR FURTHER INFORMATION CONTACT:  For general information contact: 
Barbara Cunningham, Acting Director, Environmental Assistance Division, 
Office of Pollution Prevention and Toxics (7408), 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#62363121234f2a0d160e0b0c07220712034c050d14"><span class="__cf_email__" data-cfemail="0f5b5c4c4e2247607b6366616a4f6a7f6e21686079">[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#c0a4afada9aea9a1abeeada1b2b980a5b0a1eea7afb6"><span class="__cf_email__" data-cfemail="98fcf7f5f1f6f1f9f3b6f5f9eae1d8fde8f9b6fff7ee">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Does this Action 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 the proposed rule. 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 the proposed rule 
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 the 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. Note that because the 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.

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

A. 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/. On the Home Page 
select ``Laws and Regulations,'' ``Regulations and Proposed Rules,'' 
and then look up the entry for this document under the ``Federal 
Register--Environmental Documents.'' You can also go directly to the 
Federal Register listings at http://www.epa.gov/fedrgstr/.

B. In person

    The Agency has established an official record for this action under 
docket control number OPPTS-50639A. The official record consists of the 
documents specifically referenced in this action, any public comments 
received during an applicable comment period, and other information 
related to this action, including any information claimed as 
Confidential Business Information (CBI). This official record includes 
the documents that are physically located in the docket, as well as the 
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 submitted during an 
applicable comment period, is available for inspection in the TSCA

[[Page 69891]]

Nonconfidential Information Center, North East Mall Rm. B-607, 
Waterside Mall, 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 for the Center is (202) 260-7099.

III. How and to Whom Do I Submit Comments?

    As described in Unit I.C. of the proposed rule published in the 
Federal Register of October 18, 2000 (65 FR 62319) (FRL-6745-5), you 
may submit your comments through the mail, in person, or 
electronically. Please follow the instructions that are provided in the 
proposed rule. Please follow the instructions in Unit I.D. of the 
proposed rule to submit any information that you consider to be CBI. Do 
not submit any information electronically that you consider to be CBI. 
To ensure proper receipt by EPA, be sure to identify docket control 
number OPPTS-50639A in the subject line on the first page of your 
response.

IV. What Action is EPA Taking?

    EPA is extending the comment period for the proposed SNUR on PFOS 
by 45 days, from November 17, 2000 until January 1, 2001. This proposed 
rule would require manufacturers and importers to notify EPA at least 
90 days before commencing the manufacture or import of 90 PFOS chemical 
substances for the significant new uses described in the proposed rule.
    As stated in Unit VII. of the proposed 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 the proposed SNUR after the proposal has 
been published would be subject to the requirements of the SNUR when 
and if the rule goes final, and would have to stop that activity unless 
it meets the requirements of the final SNUR. 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.

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

    EPA proposed this SNUR pursuant to its authority under section 
5(a)(2) of TSCA.

VI. Do Any Regulatory Assessment Requirements Apply to this Action?

    No. This action is not a rulemaking, it merely extends the date by 
which public comments must be submitted to EPA on a proposed rule that 
previously published in the Federal Register. For information about the 
applicability of the regulatory assessment requirements to the proposed 
rule, please refer to the discussion in Unit XI. of that document (65 
FR 62319, 62330).

List of Subjects in 40 CFR Part 721

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


    Dated: November 15, 2000.
Charles M. Auer,
Director, Chemical Control Division.

[FR Doc. 00-29782 Filed 11-16-00; 3:44 pm]
BILLING CODE 6560-50-S


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