4292 Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0699; FRL– 8807–4] 

2-Propenoic acid, 2-ethylhexyl ester, 

polymer with ethenylbenzene and 2- 

methylpropyl 2-methyl-2-propenoate; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid, 2-ethylhexyl ester, polymer with 

ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate; when used as an 

inert ingredient in a pesticide chemical 

formulation. BASF Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of 2-propenoic acid, 2- 

ethylhexyl ester, polymer with 

ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate on food or feed 

commodities. 

DATES: This regulation is effective 

January 27, 2010. Objections and 

requests for hearings must be received 

on or before March 29, 2010, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0699. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Fertich, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8560; e-mail address: 

fertich.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 

111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Get Electronic Access to 

Other Related Information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. The EPA procedural 

regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2009–0699 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before March 29, 2010. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2009–0699, by one of 

the following methods. 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

In the Federal Register of October 7, 

2009 (74 FR 51597) (FRL–8792–7), EPA 

issued a notice pursuant to section 408 

of FFDCA, 21 U.S.C. 346a, announcing 

the receipt of a pesticide petition (PP 

9E7609) filed by BASF Corporation, 100 

Campus Drive, Florham Park, NJ 07932. 

The petition requested that 40 CFR 

180.960 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid, 2-ethylhexyl ester, polymer with 

ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate; CAS Reg. No. 

68240–06–2. That notice included a 

summary of the petition prepared by the 

petitioner and solicited comments on 

the petitioner’s request. The Agency did 

not receive any substantive comments. 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations 4293 

determines that the tolerance is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and 

use in residential settings, but does not 

include occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing an 

exemption from the requirement of a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ and specifies 

factors EPA is to consider in 

establishing an exemption. 

III. Risk Assessment and Statutory 

Findings 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be shown that the 

risks from aggregate exposure to 

pesticide chemical residues under 

reasonably foreseeable circumstances 

will pose no appreciable risks to human 

health. In order to determine the risks 

from aggregate exposure to pesticide 

inert ingredients, the Agency considers 

the toxicity of the inert in conjunction 

with possible exposure to residues of 

the inert ingredient through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. If 

EPA is able to determine that a finite 

tolerance is not necessary to ensure that 

there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the inert ingredient, an 

exemption from the requirement of a 

tolerance may be established. 

Consistent with section 408(b)(2)(D) 

of FFDCA, EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness and reliability and the 

relationship of this information to 

human risk. EPA has also considered 

available information concerning the 

variability of the sensitivities of major 

identifiable subgroups of consumers, 

including infants and children. In the 

case of certain chemical substances that 

are defined as polymers, the Agency has 

established a set of criteria to identify 

categories of polymers expected to 

present minimal or no risk. The 

definition of a polymer is given in 40 

CFR 723.250(b) and the exclusion 

criteria for identifying these low-risk 

polymers are described in 40 CFR 

723.250(d). 2-propenoic acid, 2- 

ethylhexyl ester, polymer with 

ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate conforms to the 

definition of a polymer given in 40 CFR 

723.250(b) and meets the following 

criteria that are used to identify low-risk 

polymers. 

1. The polymer is not a cationic 

polymer nor is it reasonably anticipated 

to become a cationic polymer in a 

natural aquatic environment. 

2. The polymer does contain as an 

integral part of its composition the 

atomic elements carbon, hydrogen, and 

oxygen. 

3. The polymer does not contain as an 

integral part of its composition, except 

as impurities, any element other than 

those listed in 40 CFR 723.250(d)(2)(ii). 

4. The polymer is neither designed 

nor can it be reasonably anticipated to 

substantially degrade, decompose, or 

depolymerize. 

5. The polymer is manufactured or 

imported from monomers and/or 

reactants that are already included on 

the TSCA Chemical Substance 

Inventory or manufactured under an 

applicable TSCA section 5 exemption. 

6. The polymer is not a water 

absorbing polymer with a number 

average molecular weight (MW) greater 

than or equal to 10,000 daltons. 

Additionally, the polymer also meets 

as required the following exemption 

criteria specified in 40 CFR 723.250(e). 

7. The polymer’s number average MW 

of is greater than or equal to 10,000 

daltons. The polymer contains less than 

2% oligomeric material below MW 500 

and less than 5% oligomeric material 

below MW 1,000. 

Thus, 2-propenoic acid, 2-ethylhexyl 

ester, polymer with ethenylbenzene and 

2-methylpropyl 2-methyl-2-propenoate 

meets the criteria for a polymer to be 

considered low risk under 40 CFR 

723.250. Based on its conformance to 

the criteria in this unit, no mammalian 

toxicity is anticipated from dietary, 

inhalation, or dermal exposure to 2- 

propenoic acid, 2-ethylhexyl ester, 

polymer with ethenylbenzene and 2- 

methylpropyl 2-methyl-2-propenoate. 

IV. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that 2- 

propenoic acid, 2-ethylhexyl ester, 

polymer with ethenylbenzene and 2- 

methylpropyl 2-methyl-2-propenoate 

could be present in all raw and 

processed agricultural commodities and 

drinking water, and that nonoccupational non-dietary exposure was 

possible. The number average MW of 2- 

propenoic acid, 2-ethylhexyl ester, 

polymer with ethenylbenzene and 2- 

methylpropyl 2-methyl-2-propenoate is 

18,000 daltons. Generally, a polymer of 

this size would be poorly absorbed 

through the intact gastrointestinal tract 

or through intact human skin. Since 2- 

propenoic acid, 2-ethylhexyl ester, 

polymer with ethenylbenzene and 2- 

methylpropyl 2-methyl-2-propenoate 

conform to the criteria that identify a 

low-risk polymer, there are no concerns 

for risks associated with any potential 

exposure scenarios that are reasonably 

foreseeable. The Agency has determined 

that a tolerance is not necessary to 

protect the public health. 

V. Cumulative Effects 

Section 408 (b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance or tolerance exemption, the 

Agency consider ‘‘available information’’ 

concerning the cumulative effects of a 

particular chemical’s residues and 

‘‘other substances that have a common 

mechanism of toxicity.’’ For the 

purposes of this tolerance action, EPA 

has not assumed that 2-propenoic acid, 

2-ethylhexyl ester, polymer with 

ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate has a common 

mechanism of toxicity with other 

substances, based on the anticipated 

absence of mammalian toxicity. For 

information regarding EPA’s efforts to 

determine which chemicals have a 

common mechanism of toxicity and to 

evaluate the cumulative effects of such 

chemicals, see the policy statements 

released by EPA’s Office of Pesticide 

Programs concerning common 

mechanism determinations and 

procedures for cumulating effects from 

substances found to have a common 

mechanism on EPA’s website at http:// 

www.epa.gov/pesticides/cumulative. 

VI. Additional Safety Factor for the 

Protection of Infants and Children 

Section 408(b)(2)(C) of FFDCA 

provides that EPA shall apply an 

additional tenfold margin of safety for 

infants and children in the case of 

threshold effects to account for prenatal 

and postnatal toxicity and the 

completeness of the data base unless 

EPA concludes that a different margin of 

safety will be safe for infants and 

children. Due to the expected low 

toxicity of 2-propenoic acid, 2- 

ethylhexyl ester, polymer with 

ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate, EPA has not used 

a safety factor analysis to assess the risk. 

For the same reasons the additional 

tenfold safety factor is unnecessary. 


hsrobinson on DSK69SOYB1PROD with RULES
4294 Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations 

VII. Determination of Safety 

Based on the conformance to the 

criteria used to identify a low-risk 

polymer, EPA concludes that there is a 

reasonable certainty of no harm to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of 2-propenoic acid, 2- 

ethylhexyl ester, polymer with 

ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate. 

VIII. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Tolerances 

The Agency is not aware of any 

country requiring a tolerance for 2- 

propenoic acid, 2-ethylhexyl ester, 

polymer with ethenylbenzene and 2- 

methylpropyl 2-methyl-2-propenoate 

nor have any CODEX Maximum Residue 

Levels (MRLs) been established for any 

food crops at this time. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of 2-propenoic acid, 

2-ethylhexyl ester, polymer with 

ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate from the 

requirement of a tolerance will be safe. 

X. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these rules 

from review under Executive Order 

12866, entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Because this final rule has been 

exempted from review under Executive 

Order 12866, this final rule is not 

subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it involve any technical 

standards that would require Agency 

consideration of voluntary consensus 

standards pursuant to section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes, or otherwise have any unique 

impacts on local governments. Thus, the 

Agency has determined that Executive 

Order 13132, entitled Federalism (64 FR 

43255, August 10, 1999) and Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000) do not apply to this final rule. 

In addition, this final rule does not 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). 

Although this action does not require 

any special considerations under 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994), EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. If you received specific 

comments-consider addressing them 

here. 

XI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 19, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In §180.960, the table is amended 

by adding alphabetically the following 

polymer to read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

Polymer CAS No. 

* * * * * * * 

2-Propenoic acid, 2-ethylhexyl ester, polymer with ethenylbenzene and 2-methylpropyl 2- 

methyl-2-propenoate, minimum number average molecular weight (in amu), 18,000 68240–06–2 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations 4295 

Polymer CAS No. 

* * * * * * * 

[FR Doc. 2010–1578 Filed 1–26–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 723 

[EPA–HQ–OPPT–2002–0051; FRL–8805–5] 

RIN 2070–AD58 

Premanufacture Notification 

Exemption for Polymers; Amendment 

of Polymer Exemption Rule to Exclude 

Certain Perfluorinated Polymers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is amending the polymer 

exemption rule, which provides an 

exemption from the premanufacture 

notification (PMN) requirements of the 

Toxic Substances Control Act (TSCA), 

to exclude from eligibility polymers 

containing as an integral part of their 

composition, except as impurities, 

certain perfluoroalkyl moieties 

consisting of a CF3- or longer chain 

length. This exclusion includes 

polymers that contain any one or more 

of the following: Perfluoroalkyl 

sulfonates (PFAS), perfluoroalkyl 

carboxylates (PFAC), fluorotelomers, or 

perfluoroalkyl moieties that are 

covalently bound to either a carbon or 

sulfur atom where the carbon or sulfur 

atom is an integral part of the polymer 

molecule (affected polymers). In 

general, any person who intends to 

manufacture (which is defined by TSCA 

to include import into the customs 

territory of the United States) any of 

these polymers not already on the TSCA 

Inventory (Inventory) must complete the 

TSCA PMN review process prior to 

commencing the manufacture or import 

of such polymers. Alternatively, 

manufacturers or importers may submit 

a request for a different exemption, such 

as the Low Volume Exemption (LVE) or 

Low Release and Exposure Exemption 

(LoREX), for affected polymers that they 

reasonably believe may qualify for such 

exemptions. Those persons who are 

currently manufacturing or importing 

affected polymers, or who have 

previously manufactured or imported 

them but are not doing so now, in full 

compliance with the 1995 polymer 

exemption rule, may continue 

manufacturing or importing them until 

January 27, 2012. After that date, 

manufacture of these polymers will no 

longer be authorized under the polymer 

exemption rule, and continued 

manufacture or import must be 

authorized under a different TSCA 

section 5(h)(4) exemption or under a 

different TSCA section 5 authority, such 

as TSCA section 5(a)(1) or section 5(e). 

This change is necessary because, based 

on current information, EPA can no 

longer conclude that these polymers 

‘‘will not present an unreasonable risk to 

human health or the environment’’ 

under the terms of the polymer 

exemption rule, which is the 

determination necessary to support an 

exemption under TSCA section 5(h)(4). 

DATES: This final rule is effective 

February 26, 2010. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2002–0051. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Geraldine Hilton, 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– 

8986; e-mail address: 

hilton.geraldine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you manufacture or import 

polymers that contain as an integral part 

of their composition, except as 

impurities, certain perfluoroalkyl 

moieties consisting of a CF3- or longer 

chain length (affected polymers). As 

specified in the regulatory text of this 

final rule (40 CFR 723.250(d)(6)), these 

perfluoroalkyl moieties include any one 

or more of the following: PFAS, PFAC, 

fluorotelomers, or perfluoroalkyl 

moieties that are covalently bound to 

either a carbon or sulfur atom where the 

carbon or sulfur atom is an integral part 

of the polymer molecule. Persons who 

import or intend to import polymers 

that are covered by this final rule would 

be subject to TSCA section 13 (15 U.S.C. 

2612) import certification requirements, 

and to the regulations codified at 19 

CFR 12.118 through 12.127 and 127.28. 

Those persons must certify that they are 

in compliance with the PMN 

requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. Importers 

of formulated products that contain a 

polymer that is subject to this final rule 

as a component (for example, for use as 

a water-proof coating for textiles or as a 

top anti-reflective coating (TARC) used 

to manufacture integrated circuits) may 

also be potentially affected. A list of 

potential monomers and reactants that 

could be used to manufacture polymers 

that would be affected by this final rule 

may be found in the public docket (Ref. 

7). Potentially affected entities may 

include, but are not limited to: Chemical 

manufacturers or importers (NAICS 

code 325), e.g., persons who 

manufacture (defined by statute to 

include import) one or more of the 

subject chemical substances. 


hsrobinson on DSK69SOYB1PROD with RULES