Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 2885 

TABLE 2 TO SUBPART JJJJJJ OF PART 63—WORK PRACTICE STANDARDS, EMISSION REDUCTION MEASURES, AND

MANAGEMENT PRACTICES—Continued 

*******

If your boiler is in this subcategory . . . You must meet the following . . . 

(6) A list of the energy savings potential of the energy conservation measures identified, and 

(7) A comprehensive report detailing the ways to improve efficiency, the cost of specific improvements, benefits, and the time 

frame for recouping those investments. 

■ 14. Table 6 to subpart JJJJJJ is amended 

by revising the entry for ‘‘2.’’ to read as 

follows: 

TABLE 6 TO SUBPART JJJJJJ OF PART 63—ESTABLISHING OPERATING LIMITS

*******

If you have an applicable emission 

limit for . . . 

And your operating limits are 

based on . . . 

You must . . . Using . . . According to the following 

requirements 

*******

2. Mercury ............ Dry sorbent or 

activated carbon injection 

rate operating 

parameters.

Establish a site-specific minimum 

sorbent or activated carbon injection rate operating limit according to § 63.11211(b).

Data from the sorbent or activated carbon injection rate 

monitors and the mercury performance stack tests.

(a) You must collect sorbent or 

activated carbon injection rate 

data every 15 minutes during 

the entire period of the performance stack tests; 

(b) Determine the average sorbent or activated carbon injection rate for each individual 

test run in the three-run performance stack test by computing the average of all the 

15-minute readings taken during each test run. 

(c) When your unit operates at 

lower loads, multiply your sorbent or activated carbon injection rate by the load fraction, 

as defined in § 63.11237, to 

determine the required injection rate. 

* * * * * * * 

[FR Doc. 2014–30388 Filed 1–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2013–0225; FRL–9915–63] 

RIN 2070–AJ99 

Long-Chain Perfluoroalkyl Carboxylate 

and Perfluoroalkyl Sulfonate Chemical 

Substances; Significant New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing to 

amend a significant new use rule 

(SNUR) for long-chain perfluoroalkyl 

carboxylate (LCPFAC) chemical 

substances by designating as a 

significant new use manufacturing 

(including importing) or processing of 

an identified subset of LCPFAC 

chemical substances for any use that 

will not be ongoing after December 31, 

2015, and all other LCPFAC chemicals 

substances for which there are currently 

no ongoing uses. For this SNUR, EPA is 

also proposing to make inapplicable the 

exemption for persons who import 

LCPFAC chemical substances as part of 

articles. In addition, EPA is also 

proposing to amend a SNUR for 

perfluoroalkyl sulfonate (PFAS) 

chemical substances that would make 

inapplicable the exemption for persons 

who import PFAS chemical substances 

as part of carpets. Persons subject to 

these SNURs would be required to 

notify EPA at least 90 days before 

commencing such manufacture or 

processing. The required notifications 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, an opportunity to 

protect against potential unreasonable 

risks from that activity before it occurs. 

DATES: Comments must be received on 

or before March 23, 2015. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2013–0225, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 


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Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Nicholas Nairn-Birch, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–3668; 

email address: nairn-birch.nicholas@

epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture 

(including import) or process any of the 

chemical substances covered by this 

proposed SNUR. The North American 

Industrial Classification System 

(NAICS) codes that are identified in this 

unit are not intended to be exhaustive, 

but rather provides a guide to help 

readers determine whether this rule 

applies to them. Potentially affected 

entities may include: 

• Manufacturers (including 

importers) of one or more of subject 

chemical substances (NAICS codes 325 

and 324110); e.g., chemical 

manufacturing and petroleum refineries. 

• Fiber, yarn, and thread mills 

(NAICS code 31311). 

• Carpet and rug mills (NAICS code 

314110). 

• Home furnishing merchant 

wholesalers (NAICS code 423220). 

• Carpet and upholstery cleaning 

services (NAICS code 561740). 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Persons who 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 the 

corresponding regulations at 19 CFR 

12.118 through 12.127; see also 19 CFR 

127.28. Those persons must certify that 

the shipment of the chemical substance 

complies with all applicable rules and 

orders under TSCA, including any 

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 a chemical substance 

that is the subject of this proposed rule 

on or after February 20, 2015 are subject 

to the export notification provisions of 

TSCA section 12(b) (15 U.S.C. 2611(b)), 

(see 40 CFR 721.20), and must comply 

with the export notification 

requirements in 40 CFR part 707, 

subpart D. 

To determine whether you or your 

business may be affected by this action, 

you should carefully examine the 

applicability provisions in 40 CFR 721.5 

and 40 CFR 721.9582. 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. 

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.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including those listed in TSCA section 

5(a)(2). Once EPA determines that a use 

of a chemical substance is a significant 

new use, 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 or 

process the chemical substance for that 

use (15 U.S.C. 2604(a)(1)(B)). As 

described in Unit V., the general SNUR 

provisions are found at 40 CFR part 721, 

subpart A. 

C. What action is the Agency taking? 

EPA is proposing to amend a SNUR 

at 40 CFR 721.10536 for LCPFAC 

chemical substances by designating 

manufacturing (including importing) or 

processing of LCPFAC chemical 

substances listed in Table 1 of this unit 

for any use that is no longer ongoing 

after December 31, 2015, as a significant 

new use; designating manufacturing 

(including importing) or processing of 

PFOA or its salts for any use as a 

significant new use; and designating 

manufacturing (including importing) or 

processing of all other LCPFAC 

chemical substances for any use not 

ongoing as of the date on which this 

proposed rule is published as a 

significant new use. For this SNUR, EPA 

is also proposing to make the exemption 

at 40 CFR 721.45(f) inapplicable for 

persons who import LCPFAC chemical 

substances listed in Table 1 of this unit 

and PFOA or its salts as part of articles 

because exposure would increase if in 

the future LCPFAC chemical substances, 

including PFOA, are incorporated in 

articles and then imported. EPA is also 

proposing to amend a SNUR at 40 CFR 

721.9582 for PFAS chemical substances 

to make the exemption at 40 CFR 

721.45(f) inapplicable for persons who 

import of PFAS chemical substances as 

part of carpets. This action is consistent 

with the purpose of the ‘‘Long-Chain 

Perfluorinated Chemicals Action Plan’’ 

(2009 Action Plan) published on 

December 30, 2009 (Ref. 1). EPA is 

continuing to assess these chemical 

substances to determine what other 

actions would be warranted. Before 

promulgating a final SNUR with respect 

to uses of LCPFAC chemical substances 

listed in Table 1 of this unit that are 

now ongoing, but are expected to be 

phased out by December 31, 2015, EPA 

will verify through comments on this 

action, or by other means, that the 

proposed significant new uses have 

indeed ceased. Similarly, before 

promulgating a final SNUR on LCPFAC 

chemical substances other than those 

listed in Table 1 of this unit, EPA will 

determine based on comments on this 

action and other means what if any uses 

are ongoing in making significant new 

use determinations in the final rule. 

Persons would be required to notify 

EPA at least 90 days before commencing 

manufacture or processing of LCPFAC 

chemical substances for the designated 

significant new uses. This proposed 

SNUR is intended to follow and codify 

an existing voluntary industry 

commitment to phase out LCPFAC 

chemical substances by the end of 2015 

(Ref. 2). The objectives and rationale for 

this proposed SNUR are explained in 

more detail in Unit III. 


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TABLE 1—LCPFAC CHEMICAL SUBSTANCES SUBJECT TO REPORTING AFTER DECEMBER 31, 2015 

CAS registry 

No. (CASRN) Accession CAS No. Chemical name 

507–63–1 ....... No Accession Number ... Octane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro-8-iodo-. 

678–39–7 ....... No Accession Number ... 1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluoro-. 

865–86–1 ....... No Accession Number ... 1-Dodecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-heneicosafluoro-. 

2043–53–0 ..... No Accession Number ... Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro-10-iodo-. 

2043–54–1 ..... No Accession Number ... Dodecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10-heneicosafluoro-12-iodo-. 

17741–60–5 ... No Accession Number ... 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11, 12,12,12-heneicosafluorododecyl ester. 

27905–45–9 ... No Accession Number ... 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluorodecyl ester. 

30046–31–2 ... No Accession Number ... Tetradecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12-pentacosafluoro-14-iodo-. 

39239–77–5 ... No Accession Number ... 1-Tetradecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14-pentacosafluoro-. 

60699–51–6 ... No Accession Number ... 1-Hexadecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,15,15,16,16,16- 

nonacosafluoro-. 

65510–55–6 ... No Accession Number ... Hexadecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14-nonacosafluoro-16- 

iodo-. 

68187–47–3 ... No Accession Number ... 1-Propanesulfonic acid, 2-methyl-, 2-[[1-oxo-3-[(.gamma.-.omega.-perfluoro- C4-16- 

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

68391–08–2 ... No Accession Number ... Alcohols, C8-14, .gamma.-.omega.-perfluoro. 

70969–47–0 ... No Accession Number ... Thiols, C8-20, .gamma.-.omega.-perfluoro, telomers with acrylamide. 

125476–71–3 No Accession Number ... Silicic acid (H4SiO4), sodium salt (1:2), reaction products with chlorotrimethylsilane and 

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

1078712–88–5 No Accession Number ... Thiols, C4-20, .gamma.-.omega.-perfluoro, telomers with acrylamide and acrylic acid, sodium salts. 

1078715–61–3 No Accession Number ... 1-Propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-[2-[(.gamma.-.omega.-perfluoro-C4- 

20-a lkyl)thio]acetyl] derivs., inner salts. 

CBI ................. 71217 ............................. Polyfluoroalkyl betaine. 

CBI ................. 89419 ............................. Modified fluoroalkyl urethane. 

CBI ................. 274147 ........................... Perfluorinated polyamine. 

CBI = Confidential Business Information. CAS or CASRN = Chemical Abstracts Service Registry Number. 

In this proposed rule, the term 

LCPFAC refers to the long-chain 

category of perfluorinated carboxylate 

chemical substances with perfluorinated 

carbon chain lengths equal to or greater 

than seven carbons and less than or 

equal to 20 carbons. The category of 

LCPFAC chemical substances also 

includes the salts and precursors of 

these perfluorinated carboxylates. See 

Unit II.A. for the specific definition of 

the LCPFAC category. 

PFOA and its salts are subject to this 

proposed rule. PFOA and examples of 

PFOA salts with Chemical Abstract 

Service Registry Numbers (CASRN) and 

chemical names are shown in Table 2 of 

this unit. PFOA and its salts are 

considered LCPFAC chemical 

substances. EPA believes all uses of 

PFOA and its salts were phased out by 

December 31, 2013. 

TABLE 2—PFOA AND EXAMPLES OF

ITS SALTS

CAS registry 

No. (CASRN) Chemical name 

335–66–0 ..... Octanoyl fluoride, 

pentadecafluoro-. 

335–67–1 ..... Octanoic acid, 

pentadecafluoro- (PFOA). 

335–93–3 ..... Octanoic acid, 

pentadecafluoro-, silver 

salt. 

335–95–5 ..... Octanoic acid, 

pentadecafluoro-, sodium 

salt. 

TABLE 2—PFOA AND EXAMPLES OF

ITS SALTS—Continued 

CAS registry 

No. (CASRN) Chemical name 

2395–00–8 ... Octanoic acid, 

pentadecafluoro-, potassium salt. 

3825–26–1 ... Octanoic acid, 

pentadecafluoro-, ammonium salt (APFO). 

CAS or CASRN = Chemical Abstracts Service Registry Number. 

The PFAS chemical substances for 

which EPA is modifying an existing 

SNUR are currently listed in 40 CFR 

721.9582(a)(1). All of these chemical 

substances are collectively referred to in 

this rule as perfluoroalkyl sulfonates, or 

PFAS chemical substances. In this 

proposal, the term PFAS refers to a 

category of perfluorinated sulfonate 

chemical substances of any chain 

length. 

EPA will not designate ongoing uses 

as significant new uses when the final 

rule is promulgated, except for uses that 

will be phased out by the end of 2015. 

Persons who manufacture (including 

importers) or process any of the 

chemical substances included in the 

proposed SNUR for an ongoing use at 

the time this proposed rule is published 

would be free to continue without 

submitting a SNUN. Note, however, that 

uses not already ongoing as of the 

publication date of this proposed rule, 

and ongoing uses that will be phased 

out by the end of 2015, would not be 

considered ongoing uses if they later 

arise, even if they are in existence upon 

the issuance of a final rule. 

Furthermore, uses that are ongoing as of 

the publication date of this proposed 

rule would not be considered ongoing 

uses if they have ceased by the date of 

issuance of a final rule (see Units IV. 

and VI. for further discussion of what 

constitutes an ongoing use). Persons 

who intend to begin or resume 

commercial manufacture or processing 

of the chemical substance(s) for a 

significant new use would have to 

comply with all applicable SNUN 

requirements. 

The LCPFAC chemical substances 

identified in Table 1 of this unit are 

known to have current or recent ongoing 

uses on the basis of their inclusion in 

reports submitted to the Agency under 

the 2012 Chemical Data Reporting (CDR) 

rule. EPA particularly requests comment 

on whether any of the current uses of 

any of the specific chemical substances 

identified in Table 1 of this unit will 

continue to be ongoing after December 

31, 2015. EPA also requests comment on 

whether there are currently any ongoing 

uses, including use as part of articles, of 

any of the remaining LCPFAC chemical 

substances that were not identified 

during the 2012 CDR. Furthermore, EPA 

requests comment on whether there are 

any ongoing uses of PFOA or its salts, 

and whether PFAS chemical substances 


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are currently imported as part of 

carpets. EPA would welcome specific 

documentation of any such ongoing use. 

D. Why is the Agency taking this action? 

These SNURs are necessary to ensure 

that EPA receives timely advance notice 

of any future manufacturing (including 

importing) and processing of these 

LCPFAC chemical substances for new 

uses that may produce changes in 

human and environmental exposures. 

The rationale and objectives for this 

SNUR are explained in Unit III. 

E. What are the estimated incremental 

impacts of this action? 

EPA has evaluated the potential costs 

of establishing SNUR reporting 

requirements for potential 

manufacturers (including importers) 

and processors of the chemical 

substances included in this proposed 

rule. The economic analysis, which is 

available in the docket, is discussed in 

Unit IX., and is briefly summarized 

here. 

In the event that a SNUN is 

submitted, costs are estimated to be less 

than $8,589 per SNUN submission for 

large business submitters and $6,189 for 

small business submitters. These 

estimates include the cost to prepare 

and submit the SNUN and the payment 

of a user fee. In addition, for persons 

exporting a chemical substance that is 

the subject of a SNUR, a one-time notice 

must be provided for the first export or 

intended export to a particular country, 

which is estimated to cost less than 

$100 on average per notification. The 

proposed rule may also affect firms that 

plan to import articles that contain 

LCFPAC chemical substances, because, 

while not required by the SNUR, these 

parties may take additional steps to 

determine whether LCPFAC chemical 

substances are part of the articles that 

they are considering to import. In the 

accompanying Economic Analysis for 

this proposed SNUR, example steps 

(and their respective costs) that an 

importer might take to identify LCPFAC 

chemicals in articles are provided. 

These can include gathering information 

through agreements with suppliers, 

declarations through databases or 

surveys, or use of a third party 

certification system. Additionally, 

importers may require suppliers to 

provide certificates of testing analysis of 

the products or perform their own 

laboratory testing of certain articles. 

EPA is unable to predict, however, 

what, if any, particular steps an 

importer might take; potential total costs 

were not estimated. 

II. Chemical Substances Subject to This 

Proposed Rule 

A. What LCPFAC chemical substances 

are subject to this proposed SNUR? 

LCPFAC chemical substances are 

synthetic chemicals that do not occur 

naturally in the environment. The 

LCPFAC chemical substances identified 

in this unit, where 5 < n < 21 or 6 < 

m < 21: 

1. CF3(CF2)n-COOM where M = H∂ or 

any other group where a formal 

dissociation can be made.; 

2. CF3(CF2)n-CH=CH2.

3. CF3(CF2)n-C(=O)-X where X is any 

chemical moiety. 

4. CF3(CF2)m-CH2-X where X is any 

chemical moiety. 

5. CF3(CF2)m-Y–X where Y = non-S, 

non-N heteroatom and where X is any 

chemical moiety. 

This category definition of LCPFAC 

chemical substances, based on the 

chemical structures in this unit, refers to 

a group of chemical substances 

containing PFOA and its higher 

homologues. The category also includes 

the salts and precursors of these 

chemical substances. The precursors 

may be simple derivatives of PFOA and 

higher homologues or polymers that 

contain or may degrade to PFOA or 

higher homologues. These precursors 

include long-chain fluorotelomers. 

LCPFAC chemical substances with 

greater than 20 perfluorinated carbons 

can be considered polymers within the 

polymer exemption under 40 CFR 

723.250 because they exceed a 

molecular weight of 1,000 daltons and 

contain at least 3 monomer units. As it 

is not EPA’s intent to regulate 

fluoropolymers in this proposed rule, 

the LCPFAC category in this proposed 

rule includes a perfluorinated carbon 

chain length upper limit of 20. 

In this proposed rule, PFOA and its 

salts includes the chemical substances 

listed in Table 2 of Unit II. PFOA and 

its salts are considered LCPFAC 

chemical substances. 

Under this proposed rule, any 

LCPFAC chemical substance identified 

by 40 CFR 721.10536(b)(1)(i) through 

(b)(1)(v) that is intentionally used 

during fluoropolymer formulation, such 

as an emulsion stabilizer in aqueous 

dispersions, would be subject to 

reporting for the significant new uses 

described in 40 CFR 721.10536(b)(4)(i) 

through (b)(4)(iv). For example, 

ammonium perfluorooctanoate 

(APFO)—when used as an aqueous 

dispersion agent in fluoropolymer 

production—is subject to this SNUR if 

the final fluoropolymer product is used 

for a significant new use described in 40 

CFR 721.10536(b)(4)(i) through 

(b)(4)(iv). 

B. What PFAS chemical substances are 

subject to this proposed SNUR? 

PFAS refers to a category of 

perfluorinated sulfonate chemical 

substances of any chain length. The 

PFAS chemical substances for which 

EPA is proposing to modify an existing 

SNUR are currently listed in 40 CFR 

721.9582(a)(1). 

C. What are the uses and production 

levels of LCPFAC chemical substances? 

PFOA, a member of the LCPFAC 

category, is a synthetic (man-made) 

chemical that does not occur naturally 

in the environment. PFOA is 

manufactured for use primarily as an 

aqueous dispersion agent as the 

ammonium salt in the manufacture of 

fluoropolymers. PFOA can also be 

produced unintentionally by the 

degradation of some fluorotelomers, 

which are not manufactured using 

PFOA but could degrade to PFOA. 

DuPont, which was the last company to 

manufacture (including import) PFOA 

and its salts in the United States, ceased 

all production (including import) of 

PFOA and its salts in 2013 (Ref. 3). 

Fluoropolymers provide nonstick 

surfaces for cookware and other 

products, are used as molded 

automotive parts, and have many other 

applications. Polytetrafluoroethylene 

(PTFE) is the dominant fluoropolymer, 

accounting for 58% (by weight) of world 

fluoropolymer consumption in 2012 

(Ref. 4). The United States accounted for 

20% of the world consumption of PTFE 

in 2012 and 40% of the world 

consumption of other fluoropolymers. 

Fluorotelomers, oligomers of 

tetrafluoroethylene, are relatively small 

functionalized molecules used to make 

polymers and surfactants. World-wide 

production of fluorotelomer-based 

polymers (FTBP) was estimated at 20 

million pounds in 2006. Fluorotelomer 

monomers and FTBP are included in the 

LCPFAC category definition as potential 

LCPFAC precursors (Ref. 5). The United 

States accounts for more than 50% of 

world-wide fluorotelomer/FTPB 

production. Textiles and apparel 

account for approximately 50% of the 

volume used (Ref. 1). 

In January 2006, EPA launched the 

2010/2015 PFOA Stewardship Program 

(PFOA Stewardship Program) in 

partnership with eight companies: 

DuPont, Solvay Solexis, Asahi Glass 

Company, Daikin America, Inc., Clariant 

International Ltd., 3M/Dyneon, Arkema 

Inc., and BASF (formerly Ciba Specialty 

Chemicals Corporation) (Ref. 2). These 

companies represent a majority of global 


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manufacture of LCPFAC chemical 

substances (Ref. 6). The program set a 

goal of reducing facility emissions and 

product content of LCPFAC chemical 

substances on a global basis by 95%, no 

later than 2010, and to eliminate 

emissions and product content of these 

chemical substances by 2015. With the 

exception of one manufacturer who has 

not participated in the PFOA 

Stewardship Program, these companies 

accounted for the total volume of 

LCPFAC chemical substances reported 

on the 2012 CDR (see Table 2 of Unit I.). 

Since these chemical substances are 

proprietary chemicals, they are not 

expected to be manufactured by any 

other company. The eight participating 

companies have informed EPA that they 

are on track to phase out LCPFAC 

chemical substances by the end of 2015 

(Ref. 7). 

Based on the 2012 CDR, there was one 

additional manufacturer of certain 

LCPFAC chemical substances who has 

not participated in the PFOA 

Stewardship Program. This company 

manufactures a small volume of 

LCPFAC chemical substances, 

compared to the volume of LCPFAC 

chemical substances manufactured by 

PFOA Stewardship Program companies, 

and those chemicals are primarily used 

in firefighting foams. This company has 

expressed an interest in participating in 

the phase out goal of the PFOA 

Stewardship Program and has already 

submitted premanufacture notices 

(PMNs) for chemical substitutes of their 

current LCPFAC chemical substances. 

Other than the PFOA Stewardship 

Program companies and this one 

company, there were no other 

companies that reported manufacture 

(including import) of LCPFAC chemical 

substances in the 2012 CDR. Any 

domestic companies still manufacturing 

LCPFAC chemical substances are most 

likely obtaining the feedstocks for that 

manufacturing process from companies 

participating in the PFOA Stewardship 

Program. For these companies to 

continue manufacturing LCPFAC 

chemical substances, they would need 

the feedstock and finished LCPFAC 

chemical substances currently supplied 

by companies participating in the PFOA 

Stewardship Program. As the PFOA 

Stewardship Program member 

companies phase out their manufacture 

of those substances and customer 

demand continues to shift from LCPFAC 

chemical substances to alternatives, 

EPA believes that the manufacture of 

LCPFAC chemical substances by 

companies not participating in the 

PFOA Stewardship Programs are likely 

to cease by December 31, 2015. EPA 

would like to receive comments 

addressing the extent to which 

companies manufacturing specific 

LCPFAC chemical substances for 

particular uses are utilizing existing 

sources that are not dependent on the 

PFOA Stewardship Program member 

companies and that are expected to 

continue after December 31, 2015. 

Because specific uses of those specific 

chemical substances would be 

considered ongoing, they would be 

outside the scope of the significant new 

use when finalized. 

D. What are the uses and production 

levels of PFAS chemical substances? 

The Agency previously determined 

that the 271 PFAS chemical substances 

identified in 40 CFR 721.9582(a)(1) were 

no longer being manufactured for any 

use in the United States, other than for 

the uses listed under 40 CFR 

721.9582(a)(3), (a)(4), and (a)(5) (Refs. 8 

and 9). PFAS chemical substances 

included in 40 CFR 721.9582 were 

previously used in a variety of products, 

which can be divided into three main 

use categories: Surface treatments, paper 

protection, and performance chemicals. 

In the past, PFAS chemical substances 

in the performance chemicals category 

were used in a wide variety of 

specialized industrial, commercial, and 

consumer applications. Specific 

applications included firefighting 

foams, mining and oil well surfactants, 

acid mist suppressants for metal plating 

and electronic etching baths, alkaline 

cleaners, floor polishes, inks, 

photographic film, denture cleaners, 

shampoos, chemical intermediates, 

coating additives, carpet spot cleaners, 

and as an insecticide in bait stations for 

ants (Ref. 10). In some instances, PFAS 

chemical substances are no longer used 

for the uses listed in 40 CFR 

721.9582(a)(3), (a)(4), and (a)(5) as a 

result of new substitutes developed and 

production and processing changes 

implemented by companies to eliminate 

the need for use of PFAS chemical 

substances. In addition, since those 

chemicals are no longer manufactured 

(including imported) other than for the 

listed uses, EPA believes that those 

chemical substances are also no longer 

processed other than for those listed 

uses. 

E. What are the potential health and 

environmental effects of LCPFAC 

chemical substances? 

The following brief summary of 

chemistry, environmental fate, exposure 

pathways, and health and 

environmental effects of LCPFAC 

chemical substances is based on the 

2009 Action Plan (Ref. 1), references 

cited in the 2009 Action Plan, and 

additional selected references published 

after the 2009 Action Plan. 

PFOA is persistent, widely present in 

humans and the environment, has long 

half-lives in humans, and can cause 

adverse effects in laboratory animals, 

including cancer and developmental 

and systemic toxicity (Refs. 11, 12, 13, 

14, and 15). PFOA precursors, 

chemicals which degrade or may 

degrade to PFOA, are also present 

worldwide in humans and the 

environment and, in some cases, might 

be present at higher concentrations than 

PFOA and be more toxic (Refs. 16, 17, 

18, 19, and 20). PFOA higher 

homologues are chemicals with carbon 

chain lengths longer than PFOA. 

Available evidence suggests that toxicity 

and bioaccumulation appear to be 

higher for chemical substances with 

longer carbon chain lengths compared 

to those with shorter chain lengths 

(Refs. 21, 22, 23, and 24). 

LCPFAC chemical substances have 

been detected in biota, air, water, dust, 

and soil samples collected throughout 

the world. Some LCPFAC chemical 

substances have the potential for longrange transport. They are transported 

over long distances by a combination of 

dissolved-phase ocean and gas-phase 

atmospheric transport; however, 

determining which is the predominant 

transport pathway is complicated by 

many factors, including the uncertainty 

over water to atmosphere partitioning. 

Furthermore, there is evidence that 

transport and subsequent oxidation of 

volatile alcohol LCPFAC chemical 

substance precursors contribute to the 

levels of LCPFAC chemical substances 

in the environment. 

For a more detailed summary of 

background information (e.g., chemistry, 

environmental fate, exposure pathways, 

and health and environmental effects), 

as well as references pertaining to 

LCPFAC chemical substances, please 

refer to Unit IV. of EPA’s initial 

proposed SNUR on LCPFAC chemical 

substances published in the Federal 

Register of August 15, 2012 (Ref. 10). 

F. What are the potential health and 

environmental effects of PFAS chemical 

substances? 

PFAS chemical substances degrade 

ultimately to perfluoroalkylsulfonic acid 

(PFASA), which can exist in the anionic 

form under environmental conditions. 

Further degradation of PFASA is not 

observed under normal environmental 

conditions. PFASA is highly persistent 

in the environment and has a tendency 

to bioaccumulate (Ref. 25). PFASA can 

continue to be formed by any PFAS 


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containing chemical substances 

introduced into the environment. 

Studies have found PFAS chemical 

substances containing 5 to 14 carbons 

(C5–C14) in the blood of the general 

human population as well as in wildlife, 

indicating that exposure to these 

chemical substances is widespread 

(Refs. 1, 4, 26, 27, 28, and 29). The 

widespread presence of PFAS chemical 

substances in human blood samples 

nationwide suggests other pathways of 

exposure, possibly including the release 

of PFAS from treated articles. 

Biological sampling has shown 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 (Refs. 26 and 27). The 

wide distribution of the chemical 

substances in high trophic levels is 

strongly suggestive of the potential for 

bioaccumulation and/or 

bioconcentration. 

Based on currently available 

information, EPA believes that while all 

PFAS chemical substances are expected 

to persist, the length of the 

perfluorinated chain may also have an 

effect on bioaccumulation and toxicity, 

which are also characteristics of concern 

for these chemical substances. PFAS 

chemical substances with longer carbon 

chain lengths may be of greater concern 

than those with shorter chain lengths 

(Refs. 4, 21, and 22). 

The hazard assessment published by 

the Organization for Economic 

Cooperation and Development (Ref. 10) 

concluded that perfluorooctyl sulfonates 

(PFOS) are persistent, bioaccumulative 

and toxic to mammalian species. While 

most studies to date have focused 

primarily on PFOS, structure-activity 

relationship analysis indicates that the 

results of those studies are applicable to 

the entire category of PFAS chemical 

substances, which includes PFOS. 

Available test data have raised concerns 

about their potential developmental, 

reproductive, and systemic toxicity 

(Refs. 1, 16, 26, and 27). 

For a more detailed summary of 

background information (e.g., chemistry, 

environmental fate, exposure pathways, 

and health and environmental effects), 

as well as references pertaining to PFAS 

chemical substances, please refer to 

EPA’s proposed SNURs on PFAS 

chemical substances published in the 

Federal Register of October 18, 2000 

(Ref. 30), March 11, 2002, and March 10, 

2006 (Refs. 26 and 31). Also, refer to the 

2009 Action Plan (Ref. 1). 

III. Rationale and Objectives 

A. Rationale 

EPA is concerned about the effects 

LCPFAC and PFAS chemical substances 

may have on human health and the 

environment. As discussed in Unit II., 

LCPFAC and PFAS chemical substances 

are found world-wide in the 

environment, wildlife, and humans. 

They are bioaccumulative in wildlife 

and humans, and are persistent in the 

environment. They are toxic to 

laboratory animals, producing 

reproductive, developmental, and 

systemic effects in laboratory tests. The 

exact sources and pathways by which 

these chemicals move into and through 

the environment and allow humans and 

wildlife to become exposed are not fully 

understood, but are likely to include 

releases from manufacturing of the 

chemicals, processing of these 

chemicals into products, and aging, 

wear, and disposal of products 

containing them. 

Since the manufacture and processing 

of LCPFAC chemical substances listed 

in Table 1 of Unit I. will be 

discontinued after December 31, 2015, 

as committed by the principal 

manufacturers of LCPFAC chemical 

substances participating in the PFOA 

Stewardship Program, EPA expects the 

presence of LCPFAC chemical 

substances in humans and the 

environment to decline over time as has 

been observed in the past when 

production and use of other persistent 

chemicals has ceased (Ref. 32). 

Similarly, EPA expects other LCPFAC 

chemicals substances to decline as well 

since the manufacture and processing of 

those has ceased, as observed by the 

absence of reporting in the CDR 2012 

reporting period. In addition, EPA 

expects the presence of PFAS chemical 

substances to decline in humans and the 

environment since PFAS is no longer 

imported as part of carpets. EPA is 

concerned that the manufacturing or 

processing of these chemical substances 

for the proposed significant new uses 

could be reinitiated in the future. If 

reinitiated, EPA believes that such use 

would significantly increase the 

magnitude and duration of exposure to 

humans and the environment to these 

chemical substances. 

Accordingly, EPA wants the 

opportunity to evaluate and control, 

where appropriate, activities associated 

with those uses, if such manufacturing 

(including importing) or processing 

were to start or resume. The required 

notification provided by a SNUN would 

provide EPA with the opportunity to 

evaluate activities associated with a 

significant new use and an opportunity 

to protect against unreasonable risks, if 

any, from exposure to LCPFAC chemical 

substances. 

Consistent with EPA’s past practice 

for issuing SNURs under TSCA section 

5(a)(2), EPA’s decision to propose a 

SNUR for a particular chemical use 

need not be based on an extensive 

evaluation of the hazard, exposure, or 

potential risk associated with that use. 

Rather, the Agency’s action is based on 

EPA’s determination that if the use 

begins or resumes, it may present a risk 

that EPA should evaluate under TSCA 

before the manufacturing or processing 

for that use begins. Since the new use 

does not currently exist, deferring a 

detailed consideration of potential risks 

or hazards related to that use is an 

effective use of resources. If a person 

decides to begin manufacturing or 

processing the chemical for the use, the 

notice to EPA allows EPA to evaluate 

the use according to the specific 

parameters and circumstances 

surrounding that intended use. 

B. Objectives 

Based on the considerations in Unit 

III.A., EPA wants to achieve the 

following objectives with regard to the 

significant new use(s) that are 

designated in this proposed rule: 

1. EPA would receive notice of any 

person’s intent to manufacture or 

process LCPFAC chemical substances, 

PFOA or its salts, or PFAS chemical 

substances for the described 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 processing 

these chemical substances for the 

described significant new use. 

3. EPA would be able to regulate 

prospective manufacturers or processors 

of these chemical substances before the 

described significant new use of the 

chemical substance occurs, provided 

that regulation is warranted pursuant to 

TSCA sections 5(e), 5(f), 6, or 7. 

IV. Significant New Use Determination 

Section 5(a)(2) of TSCA states that 

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 


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of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

enumerated in TSCA section 5(a)(2), the 

statute authorizes EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use of the LCPFAC and 

PFAS chemical substances subject to 

this proposed rule, as discussed in this 

unit. EPA considered relevant 

information about the toxicity of these 

substances, trends in blood levels, likely 

human exposures and environmental 

releases associated with possible uses, 

and the four factors listed in TSCA 

section 5(a)(2). 

As discussed in Unit III.A., once the 

manufacture (including import) and 

processing of LCPFAC chemical 

substances for these uses discontinue in 

the United States, exposure will 

decrease over time. EPA expects their 

presence in humans and the 

environment to concomitantly decline 

over time. If any of the new use of 

LCPFAC chemical substances were to 

begin after phasing out, EPA believes 

that such use could both change the 

type and form and increase the 

magnitude and duration of human and 

environmental exposure to the 

substances, constituting a significant 

new use. Based on consideration of the 

statutory factors discussed herein, EPA 

has preliminary determined the 

following uses as significant new uses: 

• Manufacturing (including 

importing) or processing of LCPFAC 

chemical substances listed in Table 1 of 

Unit I. for any uses that are no longer 

ongoing after December 31, 2015. 

• Manufacturing (including 

importing) or processing of PFOA or its 

salts for any use. 

• Manufacturing (including 

importing) or processing of all other 

LCPFAC chemical substances for any 

use not ongoing as of the date on which 

this proposed rule is published. 

EPA’s Office of Research and 

Development has conducted research 

demonstrating that perfluorinated 

chemicals contained in articles of 

commerce can be released from those 

articles. For instance, one study 

observed the removal of perfluorinated 

chemicals from treated carpet as a result 

of carpet cleaning and showed that 

perfluorinated chemicals contained in 

treated carpet could be released to the 

environment (Ref. 33). A second study 

indicated that perfluorinated chemicals 

could be released from treated medical 

garments with water alone (Ref. 34). 

LCPFAC chemical substances may be 

similarly released from related articles. 

EPA believes that once manufacturing of 

LCPFAC chemical substances have been 

phased out, there will be fewer articles 

containing the chemicals substances in 

the public domain over time and thus, 

exposure through articles will decrease 

over time. EPA believes any new use of 

LCPFAC chemical substances as part of 

articles would increase the duration and 

magnitude of human and environmental 

exposure to the substances. Based on 

these considerations, EPA has 

preliminarily determined that importing 

LCPFAC chemical substances listed in 

Table 1 of Unit I. and PFOA or its salts 

as part of articles both constitutes a 

significant new use and warrants 

making the exemption at 40 CFR 

721.45(f) inapplicable to importers of 

articles. However, import of 

fluoropolymer dispersions and 

emulsions, and fluoropolymers as part 

of articles, containing PFOA or its salts 

was not determined to be a significant 

new use because this use is currently 

ongoing and EPA is not making 

inapplicable any of the standard 

exemptions at 40 CFR 721.45 for PFOA. 

In a previous rule EPA designated all 

uses of the PFAS chemicals identified in 

40 CFR 721.9582 as significant new 

uses, except the ongoing uses specified 

in 40 CFR 721.9582 (a)(3) through (a)(5), 

the Agency believes the manufacture 

(including import) and processing of 

any of the PFAS chemical substances 

subject to this rule has been 

discontinued, including the importing 

of these chemical substances as part of 

carpets. Based on EPA’s Office of 

Research and Development’s research 

and the considerations in the preceding 

paragraphs (see, e.g., Ref. 30), EPA 

believes that if the import of carpets 

containing these chemical substances 

were to resume, people and the 

environment could be exposed to these 

chemical substances in articles. The 

existing regulation at 40 CFR 721.9582 

broadly defined the significant use in a 

way that encompassed import of these 

chemical substances as part of carpets, 

but for clarity EPA is proposing to 

expressly list import as part of carpets 

as a significant new use for the 

chemicals covered by 40 CFR 721.9582, 

and in light of the referenced 

considerations, EPA is now proposing to 

make inapplicable the exemption at 40 

CFR 721.45 to importers of these 

chemical substances as part of articles. 

As noted in Unit V., EPA is proposing 

that the exemption at 40 CFR 721.45(f) 

remain in effect for persons who process 

chemical substances as part of articles 

because existing stocks of articles may 

still contain LCPFAC or PFAS chemical 

substances. 

Table 3 of this unit is a summary of 

the dates relevant to EPA’s preliminary 

determinations. 

TABLE 3—SIGNIFICANT NEW USES FOR LCPFAC CHEMICAL SUBSTANCES, PFOA AND ITS SALTS, OTHER LCPFAC 

CHEMICAL SUBSTANCES, AND PFAS CHEMICAL SUBSTANCES

New use LCPFAC in Table 1 of 

Unit I. 

PFOA and 

its salts 

Other 

LCPFAC PFAS 

Manufacture or processing for any use ....... After 12/31/2015 .......... 1/21/2015 1/21/2015 In effect (see 40 CFR 721.9582). 

LCPFAC = Long-chain perfluoroalkyl carboxylate. PFAS = Perfluoroalkyl sulfonate. PFOA = Perfluorooctanoic acid. 

V. Importers and Processors of These 

Chemical Substances as Part of Articles 

Once the determination of a 

significant new use under TSCA section 

5(a)(2) has been made, EPA may 

separately determine whether it would 

be appropriate to make the regulatory 

exemption for some or all persons who 

import or process a chemical substance 

as part of an article (40 CFR 721.45(f)) 

inapplicable to a SNUR. In this case, 

EPA believes that the assumption 

underpinning this exemption, that 

people and the environment will 

generally not be exposed to chemical 

substances as part of articles, does not 

hold true. See Unit IV. for a discussion 

of why EPA believes this assumption is 

incorrect. Thus EPA is proposing to 

make this exemption inapplicable to 

importers of the PFAS chemicals 

identified in 40 CFR 721.9582 as part of 

carpets and importers of the chemical 

substances listed in Table 1 and Table 

2 of Unit I.C. as part of an article for the 

corresponding significant new uses. 

EPA is requesting comment on the 


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potential for exposure to these chemical 

substances via these articles and for 

comments on the ongoing uses of these 

chemical substances as part of an 

article. EPA is not proposing to make 

this exemption inapplicable to 

processors of these chemical substances 

as part of an article. EPA previously 

determined in a prior rulemaking and is 

not reopening its determination to make 

this exemption inapplicable to 

importers of the LCPFAC chemical 

substances identified in 40 CFR 

721.10536(b)(1) as part of carpets. 

VI. Applicability of General Provisions 

General provisions for SNURs appear 

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. However, 

EPA is proposing that the exemption at 

40 CFR 721.45(f) not apply to persons 

who import LCPFAC chemicals 

substances listed in Table 1 of Unit I., 

PFOA or its salts (See Table 2 of Unit 

I. for examples of PFOA salts), and 

PFAS chemicals substances listed in 40 

CFR 721.9582. As a result, persons 

subject to the provisions of this 

proposed rule would not be exempt 

from significant new use reporting if 

they import those LCPFAC chemical 

substances or PFOA or its salts as part 

of articles or if they import PFAS 

chemical substances as part of carpets. 

However, EPA is also proposing that the 

exemption at 40 CFR 721.45(f) remain in 

effect for persons who process chemical 

substances as part of an article because 

existing stocks of articles may still 

contain LCPFAC or PFAS chemical 

substances. Provisions relating to user 

fees appear at 40 CFR part 700. 

According to 40 CFR 721.1(c), persons 

subject to SNURs must comply with the 

same notice requirements and EPA 

regulatory procedures as submitters of 

PMNs under TSCA section 5(a)(1)(A). In 

particular, these requirements include 

the information submissions 

requirements of TSCA section 5(b) and 

5(d)(1), the exemptions authorized by 

TSCA section 5(h)(1), (h)(2), (h)(3), and 

(h)(5), and the regulations at 40 CFR 

part 720. Once EPA receives a SNUN, 

EPA may take regulatory action under 

TSCA section 5(e), 5(f), 6, or 7 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. 

Persons who export or intend to 

export a chemical substance identified 

in the proposed or final SNUR are 

subject to the export notification 

provisions of TSCA section 12(b). The 

regulations that interpret TSCA section 

12(b) appear at 40 CFR part 707, subpart 

D. In accordance with 40 CFR 707.60(b), 

this proposed SNUR does not trigger 

notice of export for articles. Persons 

who import a chemical substance 

identified in a final SNUR are subject to 

the TSCA section 13 import certification 

requirements, codified at 19 CFR 12.118 

through 12.127; see also 19 CFR 127.28. 

Such persons must certify that the 

shipment of the chemical substance 

complies with all applicable rules and 

orders under TSCA, including any 

SNUR requirements. The TSCA section 

13 import certification requirement 

applies to articles containing a chemical 

substance or mixture if so required by 

the Administrator by a specific rule 

under TSCA. At this time EPA is not 

proposing to require import certification 

for these chemical substances as part of 

articles. The EPA policy in support of 

import certification appears at 40 CFR 

part 707, subpart B. 

VII. Applicability of Rule to Uses 

Occurring Before Effective Date of the 

Final Rule 

As discussed in the Federal Register 

of April 24, 1990 (55 FR 17376), EPA 

has decided 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 date of publication of the 

proposed rule rather than as of the 

effective date of the final rule. If uses 

begun after publication of the proposed 

rule were considered ongoing rather 

than new, it would be difficult for EPA 

to establish SNUR notice requirements, 

because a person could defeat the SNUR 

by initiating the proposed significant 

new use before the document became 

final, and then argue that the use was 

ongoing as of the effective date of the 

final rule. Thus, persons who begin 

commercial manufacture or processing 

of the chemical substance(s) that would 

be regulated through this proposed rule, 

if finalized, would have to cease any 

such activity before the effective date of 

the rule if and when finalized. To 

resume their activities, these persons 

would have to comply with all 

applicable SNUR notice requirements 

and wait until the notice review period, 

including all extensions, expires. Uses 

arising after the publication of the 

proposed rule are distinguished from 

uses that exist at publication of the 

proposed rule. The former would be 

new uses, the latter ongoing uses, except 

that uses that are ongoing as of the 

publication of the proposed rule would 

not be considered ongoing uses if they 

have ceased by the date of issuance of 

a final rule (as EPA expects for the 

LCPFAC chemical substances listed in 

Table 1 of Unit I. and PFOA or its salts). 

To the extent that additional ongoing 

uses are found in the course of 

rulemaking, EPA would exclude those 

specific chemical substances for those 

specific uses from the final SNUR. EPA 

has promulgated provisions to allow 

persons to comply with the final SNUR 

before the effective date. If a person 

were to meet the conditions of advance 

compliance under 40 CFR 721.45(h), 

that person would be considered to have 

met the requirements of the final SNUR 

for those activities. 

VIII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not usually require developing any 

particular test data before submission of 

a SNUN. There are two exceptions: 

• Development of test data is required 

where the chemical substance subject to 

the SNUR is also subject to a test rule 

under TSCA section 4 (see TSCA 

section 5(b)(1)). 

• Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

5(b)(4) (see TSCA section 5(b)(2)). 

In the absence of a TSCA section 4 

test rule or a TSCA section 5(b)(4) 

listing covering the chemical substance, 

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; and 40 

CFR 720.50). However, as a general 

matter, EPA recommends that SNUN 

submitters include data that would 

permit a reasoned evaluation of risks 

posed by the chemical substance during 

its manufacture, processing, use, 

distribution in commerce, or disposal. 

EPA encourages persons to consult with 

the Agency before submitting a SNUN. 

As part of this optional pre-notice 

consultation, EPA would discuss 

specific data it believes may be useful 

in evaluating a significant new use. 

SNUNs submitted for significant new 

uses without any test data may increase 

the likelihood that EPA will take action 

under TSCA section 5(e) to prohibit or 

limit activities associated with this 

chemical. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs that provide detailed 

information on: 

1. Human exposure and 

environmental releases that may result 

from the significant new uses of the 

chemical substance. 

2. Potential benefits of the chemical 

substance. 


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3. Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

IX. SNUN Submissions 

EPA recommends that submitters 

consult with the Agency prior to 

submitting a SNUN to discuss what data 

may be useful in evaluating a significant 

new use. Discussions with the Agency 

prior to submission can afford ample 

time to conduct any tests that might be 

helpful in evaluating risks posed by the 

substance. According to 40 CFR 

721.1(c), persons submitting a SNUN 

must comply with the same notice 

requirements and EPA regulatory 

procedures as persons submitting a 

PMN, including submission of test data 

on health and environmental effects as 

described in 40 CFR 720.50. SNUNs 

must be submitted on EPA Form No. 

7710–25, generated using e-PMN 

software, and submitted to the Agency 

in accordance with the procedures set 

forth in 40 CFR 721.25 and 40 CFR 

720.40. e-PMN software is available 

electronically at http://www.epa.gov/

opptintr/newchems. 

X. Economic Analysis 

A. SNUNs 

EPA has evaluated the potential costs 

of establishing SNUR reporting 

requirements for potential 

manufacturers and processors of the 

chemical substance included in this 

proposed rule (Ref. 35). In the event that 

a SNUN is submitted, costs are 

estimated at approximately $8,589 per 

SNUN submission for large business 

submitters and $6,189 for small 

business submitters. These estimates 

include the cost to prepare and submit 

the SNUN, and the payment of a user 

fee. Businesses that submit a SNUN 

would be subject to either a $2,500 user 

fee required by 40 CFR 700.45(b)(2)(iii), 

or, if they are a small business with 

annual sales of less than $40 million 

when combined with those of the parent 

company (if any), a reduced user fee of 

$100 (40 CFR 700.45(b)(1)). The costs of 

submission of SNUNs will not be 

incurred by any company unless a 

company decides to pursue a significant 

new use as defined in this proposed 

SNUR. 

The proposed SNUR would require 

notification to EPA before the 

importation of articles containing 

LCPFAC chemical substances listed in 

Table 1 of Unit I. or PFOA and its salts. 

While not required by the proposed 

SNUR, companies importing articles 

containing these chemical substances 

may take additional steps to determine 

whether these chemical substances are 

part of the articles they are considering 

to import. Companies typically have an 

understanding of the contents of the 

articles they import or process; 

however, there may be instances when 

companies decide to gather additional 

information about these articles from 

suppliers if not currently available. EPA 

believes that the costs associated with 

such information gathering activities 

would be minimal for this proposed 

SNUR because these chemical 

substances are unlikely to be available 

for use in articles after December 31, 

2015. EPA’s complete economic 

analysis is available in the public docket 

for this proposed rule (Ref. 35). 

B. Export Notification 

Under TSCA section 12(b) and the 

implementing regulations at 40 CFR part 

707, subpart D, exporters must notify 

EPA if they export or intend to export 

a chemical substance or mixture for 

which, among other things, a rule has 

been proposed or promulgated under 

TSCA section 5. For persons exporting 

a chemical substance that is the subject 

of a SNUR, a one-time notice must be 

provided for the first export or intended 

export to a particular country. The total 

costs of export notification will vary by 

chemical, depending on the number of 

required notifications (i.e., the number 

of countries to which the chemical 

substance is exported). While EPA is 

unable to make any estimate of the 

likely number of export notifications for 

the chemical substance covered in this 

proposed rule SNUR, as stated in the 

accompanying EA of this proposed 

SNUR, the estimated cost of the export 

notification requirement on a per unit 

basis is $81.04. 

C. Import Chemical Substances as Part 

of an Article 

In proposing to make inapplicable the 

exemption relating to persons that 

import certain chemical substances as 

part of an article, this action may affect 

firms that plan to import types of 

articles that may contain the subject 

chemical substance. Some firms have an 

understanding of the contents of the 

articles they import. However, EPA 

acknowledges that importers of articles 

may have varying levels of knowledge 

about the chemical content of the 

articles that they import. These parties 

may need to become familiar with the 

requirements of the proposed rule. And, 

while not required by the SNUR, these 

parties may take additional steps to 

determine whether the subject chemical 

substances are part of the articles that 

they are considering to import. This 

determination may involve activities 

such as gathering information from 

suppliers along the supply chain, and/ 

or testing samples of the article itself. 

Costs vary across the activities chosen 

and the extent of familiarity a firm has 

regarding the articles it imports. Cost 

ranges are presented in the Agency’s 

Economic Analysis for this proposed 

rule (Ref. 35). Based on available 

information, EPA believes that article 

importers that choose to investigate 

their products would incur costs at the 

lower end of the ranges presented in the 

Economic Analysis. For those 

companies choosing to undertake 

actions to assess the composition of the 

articles they import, EPA expects that 

importers would take actions that are 

commensurate with the company’s 

perceived likelihood that a chemical 

substance might be a part of an article, 

and the resources it has available. 

Example activities and their costs are 

provided in the accompanying 

Economic Analysis of this proposed rule 

(Ref. 32). 

XI. Alternatives 

Before proposing this SNUR, EPA 

considered the following alternative 

regulatory actions: 

A. Promulgate a TSCA Section 8(a) 

Reporting Rule 

Under a TSCA section 8(a) rule, EPA 

could, among other things, generally 

require persons to report information to 

the Agency when they intend to 

manufacture or process a listed 

chemical for a specific use or any use. 

However, for LCPFAC and PFAS 

chemical substances, the use of TSCA 

section 8(a) rather than SNUR authority 

would have several limitations. First, if 

EPA were to require reporting under 

TSCA section 8(a) instead of TSCA 

section 5(a), EPA would not have the 

opportunity to review human and 

environmental hazards and exposures 

associated with the proposed significant 

new use and, if necessary, take 

immediate follow-up regulatory action 

under TSCA section 5(e) or 5(f) to 

prohibit or limit the activity before it 

begins. In addition, EPA may not 

receive important information from 

small businesses, because such firms 

generally are exempt from TSCA section 

8(a) reporting requirements. In view of 

the level of health and environmental 

concerns about LCPFAC and PFAS 

chemical substances if used for the 

proposed significant new use, EPA 

believes that a TSCA section 8(a) rule 

for this chemical substance would not 

meet EPA’s regulatory objectives. 


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B. Regulate LCPFAC Chemical 

Substances Under TSCA Section 6 

EPA may regulate under TSCA 

section 6 if ‘‘the Administrator finds 

that there is a reasonable basis to 

conclude that the manufacture, 

processing, distribution in commerce, 

use or disposal of a chemical substance 

or mixture . . . presents or will present 

an unreasonable risk of injury to health 

or the environment.’’ (TSCA section 

6(a)). Given that these chemical 

substances are believed to be phasing 

out, EPA concluded that risk 

management action under TSCA section 

6 is not necessary at this time. However, 

if EPA determines that there are persons 

who intend to manufacture or process 

these chemicals, EPA may decide to 

regulate LCPFAC chemical substances 

under TSCA section 6. This proposed 

SNUR would allow the Agency to 

address the potential risks associated 

with the proposed significant new use. 

XII. Request for Comment 

A. Do you have comments or 

information about ongoing uses? 

EPA welcomes comments on any 

aspect of this proposed SNUR. EPA 

particularly requests comment on 

whether any of the current uses of any 

of the specific LCPFAC chemical 

substances identified in Table 1 of Unit 

I. will continue to be ongoing after 

December 31, 2015, or whether there are 

any ongoing uses of those identified in 

Table 2 of Unit I. EPA also requests 

comment on whether there are currently 

any ongoing uses, including use as part 

of articles, of any of the remaining 

LCPFAC chemical substances that were 

not identified in the 2012 CDR. EPA 

would welcome specific documentation 

of any such ongoing use. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. It is EPA’s policy 

to include all comments received in the 

public docket without change or further 

notice to the commenter and to make 

the comments available online at http:// 

www.regulations.gov, including any 

personal information provided, unless a 

comment includes information claimed 

to be CBI or other information whose 

disclosure is restricted by statute. Do 

not submit this information to EPA 

through regulations.gov or email. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2, 

subpart B. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

XIII. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are in the 

docket, even if the referenced document 

is not physically located in the docket. 

For assistance in locating these other 

documents, please consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

1. EPA. Long-Chain Perfluorinated Chemicals 

Action Plan. December 30, 2009. 

2. EPA. 2010/2015 PFOA Stewardship 

Program. 2006. http://www.epa.gov/

oppt/pfoa/pubs/stewardship/index.html. 

3. Rizzuto, Pat. DuPont Ceases PFOA 

Manufacture, Is on Track to Stop All 

Uses By End of 2014. Bloomberg BNA 

Daily Environmental Report. December 

5, 2013. 

4. 3M Company. Perfluorooctane Sulfonate: 

Current Summary of Human Sera, Health 

and Toxicology Data. St. Paul, 

Minnesota. January 21, 1999. 

5. Washington, J.W., et al. Degradability of an 

Acrylate-Linked Fluorotelomer Polymer 

in Soil. Environmental Science and 

Technology. 43: 6617–6623. 2009. 

6. EPA. PFOA Stewardship Program Baseline 

Year Summary Report. 2007. http://

epa.gov/oppt/pfoa/pubs/stewardship/

sumrpt.html#background. 

7. EPA. Industry Progressing in Voluntary 

Effort to Reduce Toxic Chemicals. 

February 10, 2012. 

8. EPA. Perfluoroalkyl Sulfonates; Significant 

New Use Rule. Final Rule. Federal 

Register (67 FR 72854, December 9, 

2002) (FRL–7279–1). 

9. EPA. Perfluoroalkyl Sulfonates; Significant 

New Use Rule. Final Rule. Federal 

Register (72 FR 57222, October 9, 2007) 

(FRL–8150–4). 

10. EPA. Perfluoroalkyl Sulfonates and LongChain Perfluoroalkyl Carboxylate 

Chemical Substances; Proposed 

Significant New Use Rule; Proposed 

Rule. Federal Register (77 FR 48924, 

August 15, 2012) (FRL–9358–7). 

11. Butt, C.M., et al. Levels and Trends of 

Poly- and Perfluorinated Compounds in 

the Arctic Environment. Science Total 

Environment. 408: 2936–2965. 2010. 

12. Houde M., et al. Biological Monitoring of 

Polyfluoroalkyl Substances: A Review. 

Environmental Science and Technology. 

40: 3463–3473. 2006. 

13. Calafat A.M., et al. Polyfluoroalkyl 

Chemicals in the U.S. Population: Data 

From the National Health and Nutrition 

Examination Survey (NHANES) 2003– 

2004 and Comparisons with NHANES 

1999–2000. Environmental Health 

Perspective. 115(11), 1596–1602. 2007. 

14. Lau C., et al. Effects of Perfluoroctanoic 

Acid Exposure During Pregnancy in the 

Mouse. Toxicology Science. 90(2): 510– 

518. 2006. 

15. Lau C., et al. Perfluoroalkyl Acids: A 

Review of Monitoring and Toxicological 

Findings. Toxicological Sciences. 99(2): 

366–394. 2007. 

16. Ahrens L., et al. Polyfluoroalkyl 

Compounds in the Aquatic Environment: 

A Review of Their Occurrence and Fate. 

Journal of Environmental Monitoring. 13: 

20–31. 2011. 

17. Sturm R., et al. Trends of Polyfluoroalkyl 

Compounds in Marine Biota and in 

Humans. Environmental Chemistry. 7: 

457–484. 2010. 

18. Lau, C. Perfluorinated Compounds. 

Molecular, Clinical and Environmental 

Toxicology Experientia Supplementum. 

Volume 101, pp. 47–86. 2012. 

19. Yoo, H., et al. Concentrations, 

Distribution and Persistence of 

Fluorotelomer Alcohols in Sludgeapplied Soils Near Decatur, Alabama, 

USA. Environmental Science & 

Technology. 44: 8397–8402. 2010. 

20. Washington, J.W., et al. Concentrations, 

Distribution and Persistence of 

Perfluoroalkylates in Sludge-applied 

Soils Near Decatur, Alabama, USA. 

Environmental Science and Technology. 

44: 8390–8396. 2010. 

21. Kudo, N., et.al. Comparison of the 

Elimination Between Perfluorinated 

Fatty Acids with Different Carbon Chain 


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Lengths in Rats. Chemico-Biological 

Interactions. Volume 134(2), pp. 203– 

216. 2001. 

22. Goecke-Flora, C.M., et al. Influence of 

Carbon Chain Length on the Hepatic 

Effects of Perfluorinated Fatty Acids, 

A\19\ F- and \31\P–NMR Investigation. 

Chemical Research in Toxicology. 9(4), 

pp. 689–695. 1996. 

23. Lasier, P.J., et al. Perfluorinated 

Chemicals in Surface Waters and 

Sediments from Northwest Georgia, 

USA, and Their Bioaccumulation in 

Lumbriculus Variegates. Environmental 

Toxicology andChemistry. 30: 2194– 

2201. 2011. 

24. 3M Company. Fluorochemical Use, 

Distribution, and Release Overview. St. 

Paul, Minnesota. May 26, 1999. 

25. Lua, C. Perfluorinated Compounds. 

Molecular, Clinical and Environmental 

Toxicology Experientia Supplementum. 

Volume 101, pp. 47–86. 2012. 

26. EPA. Perfluoroalkyl Sulfonates; Proposed 

Significant New Use Rule; Proposed 

Rule. Federal Register (67 FR 11014, 

March 11, 2002) (FRL–6823–7). 

27. EPA. Perfluoroalkyl Sulfonates; 

Significant New Use Rule; Final Rule. 

Federal Register (67 FR 11008, March 

11, 2002) (FRL–6823–6). 

28. 3M Company. The Science of Organic 

Fluorochemistry. St. Paul, Minnesota. 

February 5, 1999. 

29. Centers for Disease Control and 

Prevention. Fourth National Report on 

Human Exposure to Environmental 

Chemicals. Updated Tables. March 2013. 

30. EPA. Perfluoroalkyl Sulfonates; 

Significant New Use Rule; Proposed 

Rule. Federal Register (65 FR 62319, 

October 18, 2000) (FRL–6745–5). 

31. EPA. Perfluoroalkyl Sulfonates; Proposed 

Significant New Use Rule; Proposed 

Rule. Federal Register (71 FR 12311, 

March 10, 2006) (FRL–7740–6). 

32. Kato, K. et al. Trends in Exposure to 

Polyfluoroalkyl Chemicals in the U.S. 

Population: 1999–2008. Environmental 

Science and Technology. 45: 8037–8045. 

2011. 

33. Hubbard, H. et al. Removal of 

Perfluorocarboxylic Acids (PFCAs) from 

Carpets Treated with Stain-Protection 

Products by Using Carpet Cleaning 

Machines. EPA, Report EPA/600–12/703. 

2012. 

34. Liu, X. et al. Trends of Perfluoroalkyl 

Acid Content in Articles of Commerce. 

EPA, Report EPA/600/R–12/585. 2012. 

35. EPA. Economic Analysis of the 

Significant New use Rule for Long-Chain 

Perfluoroalkyl Carboxylate Chemical 

Substances. August 20, 2013. 

36. EPA. Modification of Significant New Use 

Rules for Certain Substances; Final Rule. 

Federal Register (62 FR 42690, August 8, 

1997) (FRL–5735–4). 

XIV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This proposed SNUR has been 

designated by the Office of Management 

and Budget (OMB) as a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993). Accordingly, EPA 

submitted this proposed action to OMB 

for review under Executive Order 12866 

and 13563 (76 FR 3821, January 21, 

2011), and any changes made in 

response to OMB recommendations are 

documented in the docket. 

B. Paperwork Reduction Act (PRA) 

This action would not impose any 

new information collection burden 

under PRA, 44 U.S.C. 3501 et seq. 

Burden is defined in 5 CFR 1320.3(b). 

The information collection activities 

associated with existing chemical 

SNURs are already approved by OMB 

under OMB control number 2070–0038 

(EPA ICR No. 1188); and the 

information collection activities 

associated with export notifications are 

already approved by OMB under OMB 

control number 2070–0030 (EPA ICR 

No. 0795). If an entity were to submit a 

SNUN to the Agency, the annual burden 

is estimated to be less than 100 hours 

per response, and the estimated burden 

for an export notifications is less than 

1.5 hours per notification. In both cases, 

burden is estimated to be reduced for 

submitters who have already registered 

to use the electronic submission system. 

Additional burden, estimated to be less 

than 10 hours, could be incurred where 

additional recordkeeping requirements 

are specified under 40 CFR 721.125(a), 

(b), and (c). 

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 PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument, or form, if 

applicable. 

C. Regulatory Flexibility Act (RFA) 

Pursuant to RFA section 605(b), 5 

U.S.C. 601 et seq., I hereby certify that 

promulgation of this proposed SNUR 

would not have a significant economic 

impact on a substantial number of small 

entities. The rationale supporting this 

conclusion is as follows. 

EPA generally finds that proposed 

and final SNURs are not expected to 

have a significant economic impact on 

a substantial number of small entities 

(See, e.g., Ref. 36). Since these proposed 

SNURs would require a person who 

intends to engage in such activity in the 

future to first notify EPA by submitting 

a SNUN, no economic impact would 

occur unless someone files a SNUN to 

pursue a significant new use in the 

future or forgoes profits by avoiding or 

delaying the significant new use. 

Although some small entities may 

decide to engage in such activities in the 

future, EPA cannot presently determine 

how many, if any, there may be. 

However, EPA’s experience to date is 

that, in response to the promulgation of 

SNURs covering over 1,000 chemical 

substances, the Agency receives only a 

handful of notices per year. During the 

six year period from 2005–2011, only 

three submitters self-identified as small 

in their SNUN submission (Ref. 35). 

EPA believes the cost of submitting a 

SNUN is relatively small compared to 

the cost of developing and marketing a 

chemical new to a firm and that the 

requirement to submit a SNUN 

generally does not have a significant 

economic impact. 

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.’’ EPA has preliminarily 

determined, based in part, on the 

Agency’s market research, that these 

chemical substances are not being 

manufactured (including imported) or 

processed for a significant new use. This 

preliminary determination also includes 

importation of these chemical 

substances as part of articles for the 

significant new use (Unit IV.). 

In addition, given existing regulatory 

limitations both internationally and 

within the U.S., industry-wide 

processes, resources that support 

companies in understanding and 

managing their supply chains, and the 

evidence showing minimal worldwide 

availability of the LCPFACs regulated 

under the SNUR, EPA believes that 

there will be minimal impact to 

importers of these chemical substances 

as part of articles from this proposed 

SNUR. Therefore, based on current 

knowledge, EPA has preliminarily 

determined that these uses, including 

the importation of these chemical 

substances as part of articles, are not 

ongoing, and that no small entities 

presently manufacture for the 

significant new uses addressed in this 

proposed rule. EPA will consider 


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information received during the 

comment period that might indicate that 

this preliminary determination is 

incorrect. The SNUR does not require 

importers of articles to conduct specific 

activities to ascertain if they are 

importing an article that uses a chemical 

subject to the proposed rule. EPA 

expects importers would take actions 

that are commensurate with their 

perceived likelihood of a chemical 

substance subject to the SNUR being 

part of an article, and the resources it 

has available. EPA has no reason to 

believe that a firm would voluntarily 

incur substantial costs to comply with 

the SNUR, but rather each firm will 

choose the most efficient route to 

identify whether it is importing the 

subject chemical substances in articles. 

Therefore, EPA believes that the 

potential economic impact of complying 

with this proposed SNUR is not 

expected to be significant or adversely 

impact a substantial number of small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reason to 

believe that any State, local, or Tribal 

government would be impacted by this 

proposed rulemaking. As such, the 

requirements of UMRA sections 202, 

203, 204, or 205, 2 U.S.C. 1531–1538, do 

not apply to this proposed action. 

E. Executive Order 13132: Federalism 

This action would not 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 (64 FR 43255, 

August 10, 1999). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule does not have 

Tribal implications because it is not 

expected to have any effect (i.e., there 

would be no increase or decrease in 

authority or jurisdiction) on Tribal 

governments, on the relationship 

between the Federal Government and 

the Indian Tribes, or on the distribution 

of power and responsibilities between 

the Federal Government and Indian 

Tribes. Thus, Executive Order 13175 (65 

FR 67249, November 9, 2000) does not 

apply to this proposed rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This proposed action is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because this proposed 

action is not intended to address 

environmental health or safety risks for 

children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use. 

I. National Technology Transfer 

Advancement Act (NTTAA) 

Since this proposed action does not 

involve any technical standards, section 

12(d) of the NTTAA, 15 U.S.C. 272 note, 

does not apply to this proposed action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This proposed action does not entail 

special considerations of environmental 

justice related issues as delineated by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994), because EPA has 

determined that this proposed action 

would not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations. This proposed 

action would not affect the level of 

protection provided to human health or 

the environment. 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: December 18, 2014. 

Wendy C. Hamnett, 

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 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 2. In § 721.9582: 

■ a. Redesignate paragraph (a) as (b). 

■ b. Add new paragraph (a). 

■ c. Revise newly designated paragraph 

(b)(2)(iv). 

■ d. Add paragraph (c). 

The amendments read as follows: 

§ 721.9582 Certain perfluoroalkyl 

sulfonates. 

(a) Definitions. The definitions in 

§ 721.3 apply to this section. In 

addition, the following definition 

applies: 

Carpet means a finished fabric or 

similar product intended to be used as 

a floor covering. This definition 

excludes resilient floor coverings such 

as linoleum and vinyl tile. 

(b) * * * 

(2) * * * 

(iv) Import as part of carpets. 

* * * * * 

(c) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (c). 

(1) Revocation of certain notification 

exemptions. With respect to imports of 

carpets, the provisions of § 721.45(f) do 

not apply to this section. A person who 

imports a chemical substance identified 

in this section as part of a carpet is not 

exempt from submitting a significant 

new use notice. The other provision of 

§ 721.45(f), respecting processing a 

chemical substance as part of an article, 

remains applicable. 

(2) [Reserved] 

■ 3. Revise § 721.10536 to read as 

follows: 

§ 721.10536 Long-chain perfluoroalkyl 

carboxylate chemical substances. 

(a) Definitions. The definitions in 

§ 721.3 apply to this section. In 

addition, the following definition 

applies: 

Carpet means a finished fabric or 

similar product intended to be used as 

a floor covering. This definition 

excludes resilient floor coverings such 

as linoleum and vinyl tile. 

(b) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

below, where 5 < n < 21 or 6 < m < 21, 

are subject to reporting under this 

section for the significant new uses 

described in paragraph (b)(4)(i) and 

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

(i) CF3(CF2)n-COO M where M = H+

or any other group where a formal 

dissociation can be made. 

(ii) CF3(CF2)n-CH=CH2.

(iii) CF3(CF2)n-C(=O)-X where X is any 

chemical moiety. 

(iv) CF3(CF2)m-CH2-X where X is any 

chemical moiety. 

(v) CF3(CF2)m-Y–X where Y = non-S, 

non-N heteroatom and where X is any 

chemical moiety. 

(2) The chemical substances listed in 

Table 1 of this paragraph are subject to 

reporting under this section for the 

significant new uses described in 

paragraph (b)(4)(ii) of this section. 


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TABLE 1—LCPFAC CHEMICAL SUBSTANCES SUBJECT TO REPORTING AFTER DECEMBER 31, 2015 

CAS registry no. 

(CASRN) Accession no. Chemical name 

507–63–1 ...................... No Accession Number Octane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro-8-iodo678–39–7 ...................... No Accession Number 1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluoro865–86–1 ...................... No Accession Number 1-Dodecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-heneicosafluoro2043–53–0 .................... No Accession Number Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro-10-iodo2043–54–1 .................... No Accession Number Dodecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10 ,10-heneicosafluoro-12-iodo17741–60–5 .................. No Accession Number 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11, 12,12,12-heneicosafluorododecyl 

ester 

27905–45–9 .................. No Accession Number 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluorodecyl ester 

30046–31–2 .................. No Accession Number Tetradecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12-pentacosafluoro-14- 

iodo39239–77–5 .................. No Accession Number 1-Tetradecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14- 

pentacosafluoro60699–51–6 .................. No Accession Number 1-Hexadecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,15,15,16,16,16- 

nonacosafluoro65510–55–6 .................. No Accession Number Hexadecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14- 

nonacosafluoro-16-iodo68187–47–3 .................. No Accession Number 1-Propanesulfonic acid, 2-methyl-, 2-[[1-oxo-3-[(.gamma.-.omega.-perfluoro- C4–16- 

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

68391–08–2 .................. No Accession Number Alcohols, C8–14, .gamma.-.omega.-perfluoro 

70969–47–0 .................. No Accession Number Thiols, C8–20, .gamma.-.omega.-perfluoro, telomers with acrylamide 

125476–71–3 ................ No Accession Number Silicic acid (H4SiO4), sodium salt (1:2), reaction products with chlorotrimethylsilane and 

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

1078712–88–5 .............. No Accession Number Thiols, C4–20, .gamma.-.omega.-perfluoro, telomers with acrylamide and acrylic acid, sodium salts 

1078715–61–3 .............. No Accession Number 1-Propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-[2-[(.gamma.-.omega.-

perfluoro-C4–20-a lkyl)thio]acetyl] derivs., inner salts 

CBI ................................ 71217 .......................... Polyfluoroalkyl betaine 

CBI ................................ 89419 .......................... Modified fluoroalkyl urethane 

CBI ................................ 274147 ........................ Perfluorinated polyamine 

CBI = Confidential Business Information. CAS or CASRN = Chemical Abstracts Service Registry Number. 

(3) The chemical substances 

identified as perfluorooctanoic acid 

(PFOA) and its salts, including those 

listed in Table 2 of this paragraph, are 

subject to reporting under this section 

for the significant new uses described in 

paragraph (b)(4)(iii) of this section. 

TABLE 2—PFOA AND EXAMPLES OF ITS SALTS

CAS registry no. (CASRN) Chemical name 

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

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

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

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

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

CAS or CASRN = Chemical Abstracts Service Registry Number. 

(4) Significant new uses. (i) The 

significant new use for chemical 

substances identified in paragraph (b)(1) 

of this section are: Manufacture 

(including import) or processing for use 

as part of carpets or to treat carpets (e.g., 

for use in the carpet aftercare market). 

(ii) The significant new use for 

chemical substances identified in 

paragraph (b)(2) of this section are: 

Manufacture (including import) or 

processing for any use after December 

31, 2015. 

(iii) The significant new use for 

chemical substances identified in 

paragraph (b)(3) of this section are: 

Manufacture (including import) or 

processing for any use. Import of 

fluoropolymer dispersions and 

emulsions, and fluoropolymers as part 

of articles, containing chemical 

substances identified in paragraph (b)(3) 

of this section shall not be considered 

as a significant new use subject to 

reporting. 

(iv) The significant new use for 

chemical substances identified in 

paragraph (b)(1) of this section, except 

for those chemicals identified in Table 

1 of paragraph (b)(2) of this section are: 

Manufacture (including import) or 

processing for any use other than that 

use already covered by paragraph 

(b)(4)(i) of this section. 

(c) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (c). 

(1) Revocation of certain notification 

exemptions. With respect to imports of 

carpets, the provisions of § 721.45(f) do 

not apply to this section. With respect 

to imports of articles, the provisions of 

§ 721.45(f) also do not apply to a 

chemical substance identified in 

paragraphs (b)(2) or (b)(3) of this 

section. A person who imports a 

chemical substance identified in 

paragraph (b)(1) of this section as part 

of a carpet or who imports a chemical 

substance identified in paragraphs (b)(2) 

or (b)(3) of this section as part of an 

article is not exempt from submitting a 

significant new use notice. The other 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
2898 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

provision of § 721.45(f), respecting 

processing a chemical substance as part 

of an article, remains applicable. 

(2) [Reserved] 

[FR Doc. 2015–00636 Filed 1–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–253; RM–11741; DA 15– 

11] 

Radio Broadcasting Services; 

Sagaponack, New York 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a Petition for Rule Making 

filed by Red Wolf Broadcasting 

Corporation, proposing to amend the 

FM Table of Allotments, Section 

73.202(b) of the Commission’s Rules, by 

allotting Channel 233A at Sagaponack, 

New York, as a first local service. A staff 

engineering analysis indicates that 

Channel 233A can be allotted to 

Sagaponack consistent with the 

minimum distance separation 

requirements of the Commission’s Rules 

with a site restriction located 3.2 

kilometers (2 miles) northwest of the 

community. The reference coordinates 

are 40–56–01 NL and 72–18–55 WL. 

DATES: Comments must be filed on or 

before March 2, 2015, and reply 

comments on or before March 17, 2015. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street SW., Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve the 

petitioner as follows: Scott Woodworth, 

Esq., Edinger Associates PLLC, 1875 I 

Street NW., Suite 500, Washington, DC 

20006. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

14–253, adopted January 8, 2015, and 

released January 9, 2015. The full text 

of this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 12th Street SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–378–3160 or via email 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336 

and 339. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under New York, is 

amended by adding Sagaponack, 

Channel 233A. 

[FR Doc. 2015–00799 Filed 1–20–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140904749–4999–01] 

RIN 0648–BE50 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; 

Standardized Bycatch Reporting 

Methodology Omnibus Amendment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement the Standardized Bycatch 

Reporting Methodology Omnibus 

Amendment developed by the MidAtlantic and New England Fishery 

Management Councils. This amendment 

was developed, in part, to respond to a 

remand by the U.S. District of Columbia 

Court of Appeals decision in Oceana v. 

Locke. The amendment also adds 

various measures to improve and 

expand on the Standardized Bycatch 

Reporting Methodology previously in 

place. The proposed measures include: 

A new prioritization process for 

allocation of observers if agency funding 

is insufficient; bycatch reporting and 

monitoring mechanisms; analytical 

techniques and allocation of at-sea 

fisheries observers; a performance 

standard; a review and reporting 

process; framework adjustment and 

annual specifications provisions; and 

provisions for industry-funded 

observers and observer set-aside 

programs. In addition to responding to 

the DC Court of Appeals remand, this 

action is necessary to re-establish and 

improve the Standardized Bycatch 

Reporting Methodology for all 13 

Greater Atlantic Region Fishery 

Management Plans, as required under 

the Magnuson-Stevens Fishery 

Conservation and Management Act, 

after the previous methodology was 

vacated by the 2011 Court order. 

DATES: Comments must be received on 

or before February 20, 2015. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2014–0114, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS