Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 62443 

analysis requirements of sections 603 

and 604. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action,’’ which requires 

review by the Office of Management and 

Budget (OMB), as ‘‘any regulatory action 

that is likely to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. VA’s impact analysis can be 

found as a supporting document at 

http://www.regulations.gov, usually 

within 48 hours after the rulemaking 

document is published. Additionally, a 

copy of the rulemaking and its impact 

analysis are available on VA’s Web site 

at http://www1.va.gov/orpm/, by 

following the link for ‘‘VA Regulations 

Published.’’ 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This rule will have no such 

effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.009 Veterans Medical Care Benefits 

and 64.011 Veterans Dental Care. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. Jose 

D. Riojas, Chief of Staff, Department of 

Veterans Affairs, approved this 

document on September 16, 2013, for 

publication. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Dental health, Government 

contracts, Health care, Health 

professions, Health records, Veterans. 

Dated: October 17, 2013. 

William F. Russo, 

Deputy Director, Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, VA amends 38 CFR part 17 as 

follows: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

■ 2. In § 17.169, add paragraph (g) to 

read as follows: 

§ 17.169 VA Dental Insurance Program for 

veterans and survivors and dependents of 

veterans (VADIP). 

* * * * * 

(g) Limited preemption of State and 

local law. To achieve important Federal 

interests, including but not limited to 

the assurance of the uniform delivery of 

benefits under VADIP and to ensure the 

operation of VADIP plans at the lowest 

possible cost to VADIP enrollees, 

paragraphs (b), (c)(1), (c)(2), (d), and 

(e)(2) through (5) of this section preempt 

conflicting State and local laws, 

including laws relating to the business 

of insurance. Any State or local law, or 

regulation pursuant to such law, is 

without any force or effect on, and State 

or local governments have no legal 

authority to enforce them in relation to, 

the paragraphs referenced in this 

paragraph or decisions made by VA or 

a participating insurer under these 

paragraphs. 

* * * * * 

[FR Doc. 2013–24585 Filed 10–21–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2012–0268; FRL–9397–1] 

RIN 2070–AJ95 

Perfluoroalkyl Sulfonates and LongChain Perfluoroalkyl Carboxylate 

Chemical Substances; Final Significant 

New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is amending a 

significant new use rule (SNUR) for 

perfluoroalkyl sulfonate (PFAS) 

chemical substances to add PFAS 

chemical substances that have 

completed the TSCA new chemical 

review process, but have not yet 

commenced production or import and is 

designating (for all listed PFAS 

chemical substances) processing as a 

significant new use. EPA is also 

finalizing a SNUR for long-chain 

perfluoroalkyl carboxylate (LCPFAC) 

chemical substances that designates 

manufacturing (including importing) 

and processing for use as part of carpets 

or for treating carpet (e.g., for use in the 

carpet aftercare market) as a significant 

new use, except for use of two chemical 

substances as a surfactant in carpet 

cleaning products. For this SNUR, EPA 

is also making an exemption 

inapplicable to persons who import or 

process the LCPAC chemical substances 

as part of an article. Persons subject to 

these SNURs will be required to notify 

EPA at least 90 days before commencing 

any significant new use. The required 

notifications will provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

that activity before it occurs. 

DATES: This final rule is effective 

December 23, 2013. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0268, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 


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Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Please review the visitor 

instructions and additional information 

about the docket 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: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. 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 listed in Table 4 of 

the regulatory text in this document or 

that meet the LCPFAC chemical 

category definition as described in this 

rule. 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers (including 

importers) of one or more of subject 

chemical substances (North American 

Industrial Classification System 

(NAICS) codes 325 and 324110); e.g., 

chemical manufacturing and petroleum 

refineries. 

• Carpet and rug mills (NAICS code 

314110). 

• Fiber, yarn, and thread mills 

(NAICS code 31311). 

• Home furnishing merchant 

wholesalers (NAICS code 423220). 

• Carpet and upholstery cleaning 

services (NAICS code 561740). 

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 NAICS codes have been 

provided to assist you and others in 

determining whether this action might 

apply to certain entities. 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, 40 CFR 

721.9582, and 40 CFR 721.10536, which 

is in the regulatory text of this 

document. 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. 

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 rule 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. 

II. Background 

A. What action is the agency taking? 

In the Federal Register of August 15, 

2012 (77 FR 48924) (FRL–9358–7), EPA 

proposed to amend a SNUR at 40 CFR 

721.9582 for PFAS chemical substances 

to add PFAS chemical substances that 

have completed the TSCA new chemical 

review process, but have not yet 

commenced production or import, and 

to designate (for all listed PFAS 

chemical substances) processing as a 

significant new use. In addition, the 

Agency also proposed a new SNUR for 

LCPFAC chemical substances that 

designates manufacturing (including 

importing) and processing for use as 

part of carpets or for treating carpet (e.g., 

for use in the carpet aftercare market) as 

a significant new use. On December 30, 

2009, EPA issued the ‘‘Long-Chain 

Perfluorinated Chemicals (PFCs) Action 

Plan’’ (Ref. 1). Today’s action is 

consistent with the purpose of that 

action plan. 

This final rule requires persons who 

intend to manufacture (including 

import) or process one or more of the 

PFAS chemical substances listed in 

Table 4 of the regulatory text for the 

uses identified in 40 CFR 721.9582(a)(2) 

to submit a Significant New Use Notice 

(SNUN) at least 90 days before 

commencing manufacture (including 

import) or processing. Given the 

structural similarity of these chemicals 

to the PFAS chemicals covered under 40 

CFR 721.9582 and EPA’s health and 

environmental concerns associated with 

them, EPA has concluded that today’s 

action on these PFAS chemicals is 

warranted and any manufacturing 

(including importing) or processing for 

any use of these uncommenced PFAS 

chemicals would be a significant new 

use. 

EPA is also finalizing a SNUR for 

LCPFAC chemical substances that 

requires persons to notify the Agency at 

least 90 days before commencing 

manufacture (including import) or 

processing for use as part of carpets or 

for treating carpet (e.g., for use in the 

carpet aftercare market) as a significant 

new use, except for use of two LCPFAC 

chemical substances as surfactants in 

carpet cleaning products. Comments 

submitted to the docket after the 

comment period indicated use of two 

LCPFAC chemical substances as a 

surfactant in aftermarket carpet cleaning 

products as an ongoing use. The use of 

these two chemical substances is not 

included as a significant new use in this 

final rule. 

For this SNUR, EPA is also making 

the article exemption at 40 CFR 

721.45(f) inapplicable to persons who 

import LCPFAC chemical substances as 

part of carpets. The article exemption at 

40 CFR 721.45(f) is based on an 

assumption that people and the 

environment will generally not be 

exposed to chemical substances in 

articles (see 49 FR 35014; September 5, 

1984). However, as stated in Unit IV. of 

the proposed rule (77 FR 48928; August 

15, 2012), exposure to LCPFAC 

chemical substances may occur both 

during the carpet manufacture process 

and during the lifetime of the finished 

carpet. Therefore, exposure would 

increase if in the future LCPFAC 

chemical substances are incorporated in 

carpets and then imported. The article 

exemption at 40 CFR 721.45(f) remains 

in effect, however, for persons who 

import LCPFAC chemical substances as 

part of other types of articles. The article 

exemption at 40 CFR 721.45(f) also 

remains in effect for processing of 

LCPFAC chemical substances as part of 

an article (i.e., carpet) since EPA is 

aware that this is an ongoing use. This 

final action does not affect the 

exemption at 40 CFR 721.45(f) for PFAS 

chemical substances, which remains in 

effect for persons who import or process 

these chemical substances. 

The term PFAS refers to a general 

category of perfluorinated sulfonate 

chemical substances of any chain 


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length. The PFAS chemical substances 

for which EPA is modifying an existing 

SNUR are currently listed in 40 CFR 

721.9582 in paragraph (a)(1). The PFAS 

chemical substances that EPA is adding 

to an existing SNUR are being inserted 

into this list. All of these chemical 

substances are collectively referred to in 

this rule as perfluoroalkyl sulfonates, or 

PFAS chemical substances. 

The term LCPFAC refers to the longchain 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. 

Based on comments filed on the 

proposed SNUR and all information 

available to EPA, the category definition 

of LCPFAC chemical substances differs 

in this final rule from the definition 

described in the proposed SNUR. The 

upper limit of the perfluorinated carbon 

chain length is now 20 carbons. In the 

proposed SNUR, there was no upper 

limit. Also, the LCPFAC chemical 

subgroup described in 40 CFR 

721.10536(b)(1)(vi) of the proposed rule 

is removed from the definition in this 

final SNUR. 

LCPFAC chemical substances are 

synthetic chemicals that do not occur 

naturally in the environment. The 

LCPFAC chemical substances subject to 

this SNUR are identified as follows, 

where 5 < n < 21 or 6 < m < 21: 

a. CF3(CF2)n-COO¥M where M = H+ or 

any other group where a formal 

dissociation can be made; 

b. CF3(CF2)n-CH=CH2; 

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

chemical moiety; 

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

chemical moiety, and 

e. CF3(CF2)m-Y-X where Y = non-S, 

non-N heteroatom and where X is any 

chemical moiety. 

The category of LCPFAC chemical 

substances, based on the chemical 

structures delineated in 40 CFR 

721.10536 (b)(1)(i) through (b)(1)(v) of 

this final rule, also includes the salts 

and precursors of these perfluorinated 

carboxylates. LCPFAC precursors may 

be simple derivatives of 

perfluorooctanoic acid (PFOA) and 

higher homologues or certain polymers 

that may degrade to PFOA or higher 

homologues. These precursors include 

all fluorotelomers. 

It is important to note that any 

LCPFAC chemical substance identified 

by paragraphs (b)(1)(i) through (b)(1)(v) 

of this final rule that is intentionally 

used during fluoropolymer formulation, 

such as an emulsion stabilizer in 

aqueous dispersions, is subject to 

reporting for the significant new uses 

described in 40 CFR 721.10536(b)(2). 

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 as part of carpets or to 

treat carpets. 

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 SNUN to 

EPA at least 90 days before they 

manufacture (including import) or 

process the chemical substance for that 

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

described in Unit II.C., the general 

SNUR provisions are found at 40 CFR 

part 721, subpart A. 

C. 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 making the exemption at 40 CFR 

721.45(f) inapplicable to persons who 

import LCPFAC chemical substances as 

part of carpets under this SNUR. As a 

result, persons subject to the provisions 

of this rule would not be exempt from 

significant new use reporting if they 

import LCPFAC chemical substances as 

part of carpets. However, the articles 

exemption will remain in effect for 

persons who process chemical 

substances as part of an article because 

existing stocks of carpets may still 

contain LCPFAC 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 

premanufacture notices (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 a 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. 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 EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. 

III. Rationale and Objectives for This 

Final Rule 

A. Rationale 

As discussed in Units III. and IV. of 

the proposed rule (77 FR 48924; August 

15, 2012), PFAS and LCPFAC 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 like carpets and 

textiles, and aging and wear of products 

containing them. 

Since the manufacture (including 

import) and processing of PFAS and 

LCPFAC chemical substances for these 

uses have been discontinued in the 

United States, EPA expects their 

presence 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. EPA is concerned 

that the manufacturing (including 

import) or processing of these chemical 

substances, as well as importing these 

chemicals as part of articles, for the new 

uses identified in this rule could be 

reinitiated in the future. If reinitiated, 

EPA believes that such use would 

increase the magnitude and duration of 

human and environmental exposure to 


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these chemical substances, constituting 

a significant new use. 

EPA is adding processing of PFAS 

chemical substances (for any use in the 

United States, other than the uses listed 

under 40 CFR 721.9582 (a)(3), (a)(4), and 

(a)(5)) to the significant new uses of 

those chemical substances. EPA is 

concerned about the potential for PFAS 

chemical substances manufactured 

(including imported) for an ongoing use 

to be redirected to other uses without 

prior notice to the Agency. For example, 

a chemical substance could be initially 

manufactured for uses listed under 40 

CFR 721.9582 (a)(3), (a)(4), or (a)(5), and 

then redirected for another use after its 

initial manufacture or import. For 

similar reasons, EPA is designating 

processing of LCPFAC chemical 

substances or use as part of carpets or 

to treat carpet as a significant new use, 

except for one specifically identified 

ongoing use of two LCPFAC chemical 

substances as a surfactant in aftermarket 

carpet cleaning products. As such, 

persons who process PFAS or LCPFAC 

chemical substances for a significant 

new use will be required to first notify 

EPA, even if they are not themselves 

manufacturers of the chemical 

substance. Note, the exemption at 40 

CFR 721.45(f) is not applicable for 

persons who import these LCPFAC 

chemical substances as part of an 

article, but is applicable for persons 

who process these LCPFAC chemicals 

substances as part of an article. Pursuant 

to 40 CFR 721.45(f), processing of PFAS 

and LCPFAC chemical substances as 

part of articles remains exempt from 

notice requirements. 

Accordingly, EPA will have 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 will 

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 PFAS and 

LCPFAC chemical substances. 

Consistent with EPA’s past practice 

for issuing SNURs under TSCA section 

5(a)(2), EPA’s decision to promulgate 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 the Agency to 

evaluate the use according to the 

specific parameters and circumstances 

surrounding that intended use. 

With this action, the Agency is 

designating as significant new uses of 

LCPFAC chemical substances use as 

part of carpet or to treat carpet. The 

Agency believes the 2010/2015 PFOA 

Stewardship Program, in which 

companies committed to work toward 

eliminating facility emissions and 

product content of PFOA—a LCPFAC 

chemical substance—by 2015, will 

eliminate many other ongoing uses of 

LCPFAC chemical substances. As those 

uses are phased out in the United States, 

EPA anticipates taking additional 

regulatory actions to prevent 

resumption of the uses without prior 

notice to EPA. 

B. Objectives 

Based on the considerations in Unit 

III.A. of this rule, EPA will achieve the 

following objectives with regard to the 

significant new use(s) that are 

designated in this rule: 

1. EPA will receive notice of any 

person’s intent to manufacture 

(including import) or process PFAS or 

LCPFAC chemical substances for the 

described significant new use before 

that activity begins. 

2. EPA will have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing (including 

importing) or processing PFAS or 

LCPFAC chemical substances for the 

described significant new use. 

3. EPA will be able to regulate 

prospective manufacturers (including 

importers) or processors of PFAS or 

LCPFAC 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 

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 PFAS and 

LCPFAC chemical substances subject to 

this rule, as discussed herein, EPA 

considered relevant information about 

the toxicity of these substances, likely 

human exposures and environmental 

releases associated with possible uses, 

and the four factors listed in TSCA 

section 5(a)(2). 

Except for 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. Any new use of these 

chemicals, including processing, could 

change the type and form of exposure 

and/or the magnitude and duration of 

exposure to humans and the 

environment relative to what currently 

exists. Based on these considerations of 

the statutory factors discussed in this 

unit, EPA has determined that the 

manufacture (including import) or 

processing of any of the PFAS chemical 

substances subject to this rule, for any 

use except ongoing uses specified in 40 

CFR 721.9582 (a)(3) through (a)(5), is a 

significant new use. 

Exposure to LCPFAC chemical 

substances may occur both during the 

carpet manufacture process and during 

the lifetime of the finished carpet via 

inhalation and ingestion of dust 

generated from the abrasion of carpets. 

This is of particular concern for 

children since they engage in a variety 

of activities on carpets for longer 

periods of time and have a greater 

degree of hand-to-mouth activity in 

their earliest years. This will change 

both the magnitude of exposure and the 

duration of exposure. Except for one 

ongoing use specified in 40 CFR 

721.10536(b)(3), the Agency believes the 

manufacture (including import) and 

processing of LCPFAC chemical 

substances as part of carpet or to treat 

carpet has been discontinued. EPA also 

believes LCPFAC chemicals substances 

are no longer imported as part of carpet. 

If reinitiated, EPA believes these uses of 

LCPFAC chemical substances would 

significantly increase the magnitude and 

duration of exposure to humans and the 


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environment relative to what currently 

exists. Based on these considerations of 

the statutory factors discussed in this 

unit, EPA has determined that the 

manufacture (including import) or 

processing of any of the LCPFAC 

chemical substances subject to this rule 

for use as part of carpet or to treat 

carpets, except ongoing uses specified 

in 40 CFR 721.10536(b)(3), is a 

significant new use. EPA has further 

determined that importing any of the 

LCPFAC chemical substances subject to 

this rule as part of carpet constitutes a 

significant new use and warrants 

making inapplicable the article 

exemption at 40 CFR 721.45(f). 

V. 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 rule became final, 

and then argue that the use was ongoing 

as of the effective date of the final rule. 

Thus, persons who may have begun 

commercial manufacture (including 

import) or processing of the chemical 

substance(s) subject to this rule for a 

significant new use after the proposal 

was published on August 15, 2012 (77 

FR 48924), must cease such activity 

before the effective date of this final 

rule. To resume their activities, these 

persons will 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. To the 

extent that additional ongoing uses were 

found in the course of rulemaking, EPA 

has excluded these uses from the final 

SNUR. EPA promulgated provisions to 

allow persons to comply with this 

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. 

VI. 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: (1) 

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)); and (2) 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 (including import), 

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. 

3. Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

VII. 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. 

VIII. Discussion of the Final Significant 

New Use Rule and Response to 

Comments 

This action finalizes the SNUR 

proposed in the Federal Register on 

August 15, 2012 (77 FR 48924). This 

final rule requires persons who intend 

to manufacture (including import) or 

process one or more of the chemical 

substances listed in Table 4 of the 

regulatory text for the uses identified in 

40 CFR 721.9582(a)(2) to submit a 

SNUN at least 90 days before 

commencing manufacture (including 

import) or processing. This rule also 

requires persons who intend to 

manufacture (including import) or 

process one or more LCPFAC chemical 

substances, as defined in 40 CFR 

721.10536(b)(1), for use as part of 

carpets or for treating carpets (except for 

one specifically identified ongoing use 

of two LCPFAC chemical substances as 

a surfactant in aftermarket carpet 

cleaning products) to submit a SNUN at 

least 90 days before commencing 

manufacture (including import) or 

processing. 

It should be noted that the LCPFAC 

chemical substances category definition 

now delineates a perfluorinated carbon 

chain length upper limit of 20 carbons. 

The definition in the proposed rule 

contained no upper limit. Also, the 

LCPFAC chemical subgroup that was 

described in 40 CFR 721.10536(b)(1)(vi) 

of the proposal is removed from the 

definition in this final SNUR. The 

rationale for these changes is explained 

in greater detail in the response to 

comments below. 

The Agency reviewed and considered 

all comments received related to the 

proposed rule. Copies of all non-CBI 

comments are available at http:// 

www.regulations.gov in the public 

docket for this action, EPA–OPPT– 

2012–0268. A discussion of the 

comments germane to the rulemaking 

and the Agency’s responses follow. 

1. Comment summary. In defining the 

chemicals subject to this SNUR in the 

proposed rule, no upper limit was given 

for carbon chain length. Submitters 

suggested an upper limit of 20 carbons, 

which would exclude from the LCPFAC 


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category definition polymers weighing 

greater than 1,000 daltons. 

Response. EPA agrees with 

commenters that there should be an 

upper limit to the chain length in the 

definition. PFAC chemicals with greater 

than 20 perfluorinated carbons can be 

considered polymers within the 

polymer exemption under 40 CFR 

723.250 (e.g., exceed a molecular weight 

of 1,000 daltons and contain at least 

three monomer units). As it is not the 

Agency’s intent to regulate 

fluoropolymers in this rule, the LCPFAC 

category definition in this final rule 

includes a perfluorinated carbon chain 

length upper limit of 20. 

2. Comment summary. Commenters 

requested clarification as to whether or 

not fluoropolymers are included in the 

LCPFAC definition. Commenters also 

requested a definition of fluoropolymers 

that clearly distinguished them from 

fluorotelomer-based chemicals. 

Response. It is not the Agency’s intent 

to regulate fluoropolymers. The category 

definition is changed in this final rule 

to include a perfluorinated carbon chain 

length upper limit of 20. With this 

change, fluoropolymers no longer meet 

the LCFPAC chemical substances 

definition. 

Since fluoropolymers are not subject 

to this SNUR, EPA will not include a 

definition of fluoropolymers. However, 

the Agency notes that it has 

distinguished fluoropolymer and 

fluorotelomer-based chemicals in two 

corresponding enforceable consent 

agreement test rules published on July 

8, 2005 (70 FR 39630 and 70 FR 39623). 

3. Comment summary. Several 

commenters argued that the proposed 

40 CFR 721.10536(b)(1)(vi) 

[‘‘structurally similar degradation 

products of any of the compounds in (i) 

through (v) of this paragraph’’] is 

prohibitively broad and unnecessary 

and therefore unenforceable. They 

argued that it should be either removed 

or replaced with a definition that 

explicitly delineates LCPFAC 

precursors. 

Response. The Agency agrees that the 

chemical subgroup definition described 

in 40 CFR 721.10536(b)(1)(vi) is 

unnecessary and it is removed from the 

LCFPAC category definition in this final 

rule. The Agency believes that 40 CFR 

721.10536 (b)(1)(i)–(b)(1)(v) do not 

exclude any LCPFAC chemical 

substances defined in 40 CFR 

721.10536(b)(1)(vi), and thus 

sufficiently define the LCPFAC category 

of chemicals. 

4. Comment summary. A submitter 

claimed that the LCPFAC chemical 

category definition is not adequate to 

verify which chemicals are in use by 

suppliers. Instead, a thorough list of 

CAS numbers is needed. 

Response. EPA believes the most 

precise way to identify the chemicals 

subject to this SNUR is through the 

chemical structure definition. 

Downstream customers should have 

sufficient information from suppliers 

(i.e., CAS number and unique chemical 

identity) to generate the specific 

structure for any potentially reportable 

substance, which they can compare to 

the LCPFAC category definition. 

As a convenience to the regulated 

community, EPA has made available in 

the public docket an illustrative list of 

chemical substances subject to the rule. 

As part of that list, EPA has provided 

specific examples of chemicals that 

meet the various components of the 

LCPFAC category definition. 

5. Comment summary. A submitter 

suggested that 40 CFR 

721.10536(b)(1)(ii) of the regulatory text 

should state ‘‘CF3(CF2)mCH=CH2, where 

m > 6’’ rather than ‘‘CF3(CF2)nCH=CH2, 

where n > 5’’ to be consistent with 

PFOA precursors identified in the PFOA 

Stewardship Program. 

Response. EPA disagrees with this 

comment. The specific structural 

formula was chosen to accommodate the 

possibility of oxidation cleavage of the 

olefin to produce PFOA directly. 

Applied to the representative structure 

suggested by the submitter, this 

mechanism would produce 

perfluorononanoic acid (PFNA), which 

is one carbon longer than PFOA, the 

smallest of the LCPFAC chemical 

substances. 

6. Comments summary. A commenter 

expressed concern that the article 

exemption was not made inapplicable to 

PFAS as part of carpets. 

Response. The Agency recognizes this 

concern and is addressing it in the 

upcoming proposed SNUR for longchain perfluoroalkyl carboxylate 

chemical substances. Doing so in the 

upcoming proposed SNUR will allow 

EPA to solicit and respond to any public 

comments. 

7. Comment summary. Submitters 

requested clarification on the 

applicability of the articles exemption to 

export notifications. 

Response. This SNUR does not 

require notice of export for articles as 

part of the section 5 action. In 

accordance with 40 CFR 707.60(b), 

persons who export LCFPAC chemical 

substances contained in articles remain 

exempt from notices of export under 

TSCA 12(b). 

8. Comment summary. One 

commenter asserted that the following 

statement in the proposed rule’s 

preamble is incorrect: ‘‘These precursors 

include certain fluoropolymers and all 

fluorotelomers.’’ In support of this 

assertion, the submitter notes that many 

new short-chain fluorotelomer products 

cannot break down to PFOA. 

Response. The LCPFAC category 

definition does not include short-chain 

fluorotelomers. The quote refers only to 

precursors of the long-chain 

perfluorinated chemicals defined in 40 

CFR 721.10536(b)(1), which excludes 

short-chain fluorotelomers. 

Fluoropolymers are also no longer 

included in the LCPFAC definition. 

9. Comment summary. A commenter 

noted that even fluoropolymers not 

made with PFOA can have detectable 

levels of PFOA in them due to 

environmental cross-contamination, 

which creates an enforcement and 

compliance problem. The uncertainty 

this issue creates suggests that 

fluoropolymers should be excluded 

from the LCPFAC definition. The 

commenter also requested clarification 

of the term ‘contamination’ used in the 

preamble. 

Response. Fluoropolymers are not 

subject to this SNUR. In the preamble of 

the proposed rule, the Agency referred 

to a ‘contaminated’ chemical as one that 

does not meet the LCPFAC definition 

itself, but that contains a LCPFAC 

chemical substance due to its 

intentional use during chemical 

formulation. In such a case, this 

LCPFAC chemical substance would be 

subject to this SNUR for the significant 

new uses described in 40 CFR 

721.10536(b)(2). For example, APFO 

used as an emulsifier in the production 

of fluoropolymers would be subject to 

this SNUR for the significant new uses 

described in 40 CFR 721.10536(b)(2). 

IX. Economic Analysis 

A. SNUNs 

EPA has evaluated the potential costs 

of establishing SNUR reporting 

requirements for potential 

manufacturers (including importers) 

and processors of the chemical 

substance included in this rule (Ref. 2). 

In the event that a SNUN is submitted, 

costs are estimated at $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 


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submission of SNUNs will not be 

incurred by any company unless a 

company decides to pursue a significant 

new use as defined in this SNUR. EPA’s 

complete economic analysis is available 

in the public docket for this rule (Ref. 

2). 

The final SNUR will require importers 

of LCPFAC chemical substances as part 

of carpets to notify EPA at least 90 days 

before importing any such articles 

containing chemicals subject to the final 

rule. The final rule may also affect firms 

that do not currently import carpet 

containing the chemicals, but who may 

be interested in importing these articles 

in the future. Typically, 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. 

While not required by the SNUR, 

these parties may incur costs to take 

additional steps to determine whether 

the articles they plan to import are 

covered by this SNUR. This 

determination may involve gathering 

information from suppliers along the 

supply chain, and/or testing samples of 

the article itself. EPA believes that the 

LCPFAC chemical substances included 

in this final rule are no longer being 

manufactured (including imported) for 

use as part of carpet or for treating 

carpet (e.g., for use in the carpet 

aftercare market) in the United States, 

except for use of two chemical 

substances in carpet cleaning solution, 

and that LCPFAC chemical substances 

are not being imported as part of 

carpets. Therefore, EPA believes that 

these costs would be minimal. 

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 

section 5. For persons exporting a 

substance the subject of a SNUR, a onetime 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 is 

exported). EPA is unable to make any 

estimate of the likely number of export 

notifications for the chemical covered in 

this SNUR. 

X. References 

As indicated under ADDRESSES, a 

docket has been established for this rule 

under docket ID number EPA–HQ– 

OPPT–2012–0268. The following is a 

listing of the documents cited in this 

document. The docket includes 

information considered by EPA in 

developing this rule, including the 

documents listed in this unit, which are 

physically located in the docket. In 

addition, interested parties should 

consult documents that are referenced 

in the documents that EPA has placed 

in the docket, regardless of whether 

these referenced documents are 

physically located in the docket. For 

assistance in locating documents that 

are referenced in documents that EPA 

has placed in the docket, but that are 

not physically located in the docket, 

please consult the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. The docket is available for 

review as specified under ADDRESSES. 

1. USEPA. ‘‘Long-Chain Perfluorinated 

Chemicals Action Plan.’’ December 

30, 2009. 

2. USEPA. ‘‘Economic Analysis of the 

Significant New Use Rule for 

Perfluoroalkyl Sulfonates and LongChain Perfluoroalkyl Carboxylate 

Chemical Substances.’’ Prepared by 

Timothy Lehman and Abt Associates 

Inc. May 7, 2013. 

XI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Office of 

Management and Budget (OMB) has 

determined that this SNUR is not a 

‘‘significant regulatory action,’’ because 

it does not meet the criteria in section 

3(f) of the executive order. Accordingly, 

this action was not reviewed by OMB 

under Executive Orders 12866 and 

13563 (76 FR 3821; January 21, 2011). 

B. Paperwork Reduction Act (PRA) 

According to the PRA, 44 U.S.C. 3501 

et seq., an Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under the 

PRA, unless it has been approved by 

OMB and displays a currently valid 

OMB control number. The OMB control 

numbers for EPA’s regulations 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. The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to the PRA under OMB control 

number 2070–0038 (EPA ICR No. 1188). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average 92 hours per response. This 

burden estimate includes the time 

needed to review instructions, search 

existing data sources, gather and 

maintain the data needed, and 

complete, review, and submit the 

required SNUN. 

C. Regulatory Flexibility Act (RFA) 

Pursuant to section 605(b) of the RFA, 

5 U.S.C. 601 et seq., the Agency hereby 

certifies that promulgation of this SNUR 

would not have a significant economic 

impact on a substantial number of small 

entities. The rationale supporting this 

conclusion is as follows. A SNUR 

applies to any person (including small 

or large entities) who intends to engage 

in any activity described in the rule as 

a ‘‘significant new use.’’ By definition of 

the word ‘‘new’’ and based on all 

information currently available to EPA, 

it appears that no small or large entities 

presently engage in such activity. Since 

this SNUR will require a person who 

intends to engage in such activity in the 

future to first notify EPA by submitting 

a SNUN, no economic impact will 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 conduct 

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. For example, the 

number of SNUNs was four in Federal 

fiscal year (FY) 2005, eight in FY 2006, 

six in FY 2007, eight in FY 2008, and 

seven in FY 2009. During this 5-year 

period, three small entities submitted a 

SNUN. Therefore, EPA believes that the 

potential economic impact of complying 

with this SNUR is not expected to be 

significant or adversely impact a 

substantial number of small entities. In 

a SNUR that published as a final rule on 

August 8, 1997 (62 FR 42690) (FRL– 

5735–4), the Agency presented its 

general determination that proposed 

and final SNURs are not expected to 

have a significant economic impact on 

a substantial number of small entities, 

which was provided to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 


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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 

rulemaking. As such, EPA has 

determined that this regulatory action 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of 

UMRA, 2 U.S.C. 1531–1538. 

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 rule does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This rule does not 

significantly or uniquely affect the 

communities of Indian Tribal 

governments, nor involve or impose any 

requirements that affect Indian Tribes. 

Accordingly, the requirements of 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) do not apply to this 

rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This 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 action does not involve any 

technical standards; section 12(d) of the 

NTTAA, 15 U.S.C. 272 note, does not 

apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

XII. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: September 30, 2013. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. In § 9.1, add the following section 

in numerical order under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control No. 

* * * * * 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10536 ....................... 2070–0038 

* * * * * 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

■ 4. In § 721.9582: 

■ a. Revise paragraph (a)(1) introductory 

text. 

■ b. Add Table 4 to paragraph (a)(1). 

■ c. Revise paragraphs (a)(2) through (5). 

The revisions and addition read as 

follows: 

§ 721.9582 Certain perfluoroalkyl 

sulfonates. 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances listed in 

Table 1, Table 2, Table 3, and Table 4 

of this section are subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

* * * * * 

TABLE 4—FOURTH SET OF PFAS 

CHEMICALS SUBJECT TO REPORTING

Premanufacture 

Notice Case No. Generic chemical name 

P–83–0126 ....... Modified fluoroaliphatic 

adduct 

P–90–0110 ....... Fluorochemical epoxide 

P–94–1508 ....... Fluorinated polysiloxane 

P–94–1509B ..... Fluorinated polysiloxane 

P–98–0809 ....... Fluorochemical esters 

P–99–0296 ....... Fluoroalkyl derivative 

P–01–0035 ....... Perfluorooctane sulfonate 

(2) The significant new uses are: 

(i) Manufacturing (including 

importing) or processing of any 

chemical substance listed in Table 1 of 

paragraph (a)(1) of this section for any 

use. 

(ii) Manufacturing (including 

importing) or processing of any 

chemical substance listed in Table 2 of 

paragraph (a)(1) of this section for any 


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use, except as noted in paragraph (a)(3) 

of this section. 

(iii) Manufacturing (including 

importing) or processing of any 

chemical substance listed in Table 3 of 

paragraph (a)(1) of this section for any 

use, except as noted in paragraphs (a)(3) 

through (5) of this section. 

(iv) Manufacturing (including 

importing) or processing of any 

chemical substance listed in Table 4 of 

paragraph (a)(1) of this section for any 

use. 

(3) Manufacturing (including 

importing) or processing of any 

chemical substance listed in Table 2 and 

Table 3 of paragraph (a)(1) of this 

section for the following specific uses 

shall not be considered as a significant 

new use subject to reporting under this 

section: 

(i) Use as an anti-erosion additive in 

fire-resistant phosphate ester aviation 

hydraulic fluids. 

(ii) Use as a component of a 

photoresist substance, including a photo 

acid generator or surfactant, or as a 

component of an anti-reflective coating, 

used in a photomicrolithography 

process to produce semiconductors or 

similar components of electronic or 

other miniaturized devices. 

(iii) Use in coating for surface tension, 

static discharge, and adhesion control 

for analog and digital imaging films, 

papers, and printing plates, or as a 

surfactant in mixtures used to process 

imaging films. 

(iv) Use as an intermediate only to 

produce other chemical substances to be 

used solely for the uses listed in 

paragraph (a)(3)(i), (ii), or (iii) of this 

section. 

(4) Manufacturing (including 

importing) or processing of 

tetraethylammonium 

perfluorooctanesulfonate (CAS No. 

56773–42–3) for use as a fume/mist 

suppressant in metal finishing and 

plating baths shall not be considered as 

a significant new use subject to 

reporting under this section. Examples 

of such metal finishing and plating 

baths include: Hard chrome plating; 

decorative chromium plating; chromic 

acid anodizing; nickel, cadmium, or 

lead plating; metal plating on plastics; 

and alkaline zinc plating. 

(5) Manufacturing (including 

importing) or processing of: 1- 

Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,

5-undecafluoro-, potassium salt (CAS 

No. 3872–25–1); Glycine, N-ethyl-N- 

[(tridecafluorohexyl)sulfonyl]-, 

potassium salt (CAS No. 67584–53–6); 

Glycine, N-ethyl-N- 

[(pentadecafluoroheptyl)sulfonyl]-, 

potassium salt (CAS No. 67584–62–7); 

1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,

5,5,6,6,7,7,7-pentadecafluoro-, 

ammonium salt (CAS No. 68259–07–4); 

1-Heptanesulfonamide, N-ethyl-1,1,2,2,

3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- 

(CAS No. 68957–62–0); Poly(oxy-1,2- 

ethanediyl), .alpha.-[2-[ethyl

[(pentadecafluoroheptyl)sulfonyl]

amino]ethyl]-.omega.-methoxy- (CAS 

No. 68958–60–1); or 1-Hexanesulfonic 

acid, 1,1,2,2,3,3,4,4,5,5,6,6,6- 

tridecafluoro-, compd. with 2,2′- 

iminobis[ethanol] (1:1) (CAS No. 70225– 

16–0) for use as a component of an 

etchant, including a surfactant or fume 

suppressant, used in the plating process 

to produce electronic devices shall not 

be considered a significant new use 

subject to reporting under this section. 

* * * * * 

■ 5. Add § 721.10536 to subpart E 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)(2) 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; and 

(v) CF3(CF2)m-Y-X where Y = non-S, 

non-N heteroatom and where X is any 

chemical moiety. 

(2) 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), except as noted in 

paragraph (b)(3) of this section. 

(3) Manufacture (including import) or 

processing of the following two longchain perfluoroalkyl carboxylate 

(LCPFAC) chemical substances for use 

as a surfactant in aftermarket carpet 

cleaning products shall not be 

considered a significant new use subject 

to reporting under this section: 

(i) Phosphonic acid, perfluoro-C6-12- 

alkyl derivs. (CAS No. 68412–68–0) and 

(ii) Phosphinic acid, bis(perfluoro-C6- 

C12-alkyl) derivs. (CAS No. 68412–69– 

1). 

(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] 

[FR Doc. 2013–24651 Filed 10–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2010–0605; FRL–9900–53– 

OAR] 

RIN 2060–AR70 

Air Quality: Revision to Definition of 

Volatile Organic Compounds— 

Exclusion of 2,3,3,3-tetrafluoropropene 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is taking final action 

to revise the regulatory definition of 

volatile organic compounds (VOCs) for 

purposes of preparing state 

implementation plans (SIPs) to attain 

the national ambient air quality 

standards (NAAQS) for ozone under 

title I of the Clean Air Act (CAA). This 

final action adds 2,3,3,3- 

tetrafluoropropene (also known as 

HFO–1234yf) to the list of compounds 

excluded from the regulatory definition 

of VOCs on the basis that this 

compound makes a negligible 

contribution to tropospheric ozone 

formation. As a result, if you are subject 

to certain federal regulations limiting 

emissions of VOCs, your emissions of 

HFO–1234yf may not be regulated for 

some purposes. This action may also 

affect whether HFO–1234yf is 

considered a VOC for state regulatory 

purposes, depending on whether the 

state relies on the EPA’s regulatory 

definition of VOCs. 

DATES: This rule is effective on 

November 21, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 


emcdonald on DSK67QTVN1PROD with RULES