Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Rules and Regulations 567 

TABLE 1 TO § 402.12—Continued 

Item 

Column 1 Column 2 Column 3 

Description of charges 

Rate ($) 

Montreal to or from Lake Ontario 

(5 locks) 

Rate ($) 

Welland Canal—Lake Ontario to or 

from Lake Erie 

(8 locks) 

(1) a charge per gross registered ton of the ship, applicable whether 

the ship is wholly or partially laden, or is in ballast, and the gross 

registered tonnage being calculated according to prescribed rules 

for measurement or under the International Convention on Tonnage Measurement of Ships, 1969, as amended from time to 

time: 1

(a) all vessels excluding passenger vessels ............................... 0.1311 .............................................. 0.2098. 

(b) passenger vessels .................................................................. 0.3934 .............................................. 0.6293. 

(2) a charge per metric ton of cargo as certified on the ship’s manifest or other document, as follows: 

(a) bulk cargo ............................................................................... 1.3593 .............................................. 0.9278. 

(b) general cargo .......................................................................... 3.2753 .............................................. 1.4849. 

(c) steel slab ................................................................................. 2.9643 .............................................. 1.0630. 

(d) containerized cargo ................................................................ 1.3593 .............................................. 0.9278. 

(e) government aid cargo ............................................................. n/a .................................................... n/a. 

(f) grain ......................................................................................... 0.8351 .............................................. 0.9278. 

(g) coal ......................................................................................... 0.8351 .............................................. 0.9278. 

(3) a charge per passenger per lock .................................................. 0.0000 .............................................. 0.0000. 

(4) a lockage charge per Gross Registered Ton of the vessel, as 

defined in item 1(1), applicable whether the ship is wholly or partially laden, or is in ballast, for transit of the Welland Canal in either direction by cargo ships, 

n/a .................................................... 0.3495. 

Up to a maximum charge per vessel .................................................. n/a .................................................... 4,889.00. 

2. ................. Subject to item 3, for partial transit of the Seaway .................................... 20 per cent per lock of the applicable charge under items 1(1), 1(2) 

and 1(4) plus the applicable 

charge under items 1(3).

13 per cent per lock of the applicable charge under items 1(1), 1(2) 

and 1(4) plus the applicable 

charge under items 1(3). 

3. ................. Minimum charge per vessel per lock transited for full or partial transit of 

the Seaway.

33.93 2 .............................................. 33.93. 

4. ................. A charge per pleasure craft per lock transited for full or partial transit of 

the Seaway, including applicable Federal taxes 3.

25.00 4 .............................................. 25.00. 

5. ................. Under the New Business Initiative Program, for cargo accepted as New 

Business, a percentage rebate on the applicable cargo charges for 

the approved period.

20% .................................................. 20%. 

6. ................. Under the Volume Rebate Incentive program, a retroactive percentage 

rebate on cargo tolls on the incremental volume calculated based on 

the pre-approved maximum volume.

10% .................................................. 10%. 

7. ................. Under the New Service Incentive Program, for New Business cargo 

moving under an approved new service, an additional percentage refund on applicable cargo tolls above the New Business rebate.

20% .................................................. 20%. 

1Or under the US GRT for vessels prescribed prior to 2002. 

2The applicable charged under item 3 at the Great Lakes St. Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) will be collected in U.S. dollars. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)). The other charges are in Canadian dollars and are for the 

Canadian share of tolls. 3 Includes a $5.00 discount per lock with use of online reservation and payment system for Canadian locks. 

4The applicable charge at the Great Lakes St. Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $30 USD or $30 CAD 

per lock. 

Issued at Washington, DC, under authority 

delegated at 49 CFR 1.101. Great Lakes St. 

Lawrence Seaway Development Corporation. 

Carrie Lavigne, 

Chief Counsel. 

[FR Doc. 2024–31616 Filed 1–3–25; 8:45 am] 

BILLING CODE 4910–61–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2019–0530; FRL–7645–02– 

OCSPP] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (19–5.F) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing significant new 

use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 

certain chemical substances that were 

the subject of premanufacture notices 

(PMNs). The SNURs require persons to 

notify EPA at least 90 days before 

commencing manufacture (defined by 

statute to include import) or processing 

of any of these chemical substances for 

an activity that is designated as a 

significant new use in the SNUR. The 

required notification initiates EPA’s 

evaluation of the use, under the 

conditions of use for that chemical 

substance, within the applicable review 

period. Persons may not commence 

manufacture or processing for the 

significant new use until they have 

submitted a Significant New Use Notice 

(SNUN), and EPA has conducted a 

review of the notice, made an 

appropriate determination on the notice, 

and has taken any risk management 

actions as are required as a result of that 

determination. 

DATES: This rule is effective on March 7, 

2025. For purposes of judicial review, 

this rule shall be promulgated at 1 p.m. 

(EST) on January 21, 2025. 

ADDRESSES: The docket for this action, 

identified under docket identification 

(ID) number EPA–HQ–OPPT–2019– 

0530, is available online at https://

www.regulations.gov or in person at the 

Office of Pollution Prevention and 

Toxics Docket (OPPT Docket) in the 

Environmental Protection Agency 

Docket Center (EPA/DC). Please review 

the visitor instructions and additional 


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information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information: James Yan, 

New Chemicals Division (7405M), 

Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–2138; email address: 

yan.james@epa.gov. 

For technical information: William 

Wysong, New Chemicals Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–4163; email address: 

wysong.william@epa.gov. 

For general information: The TSCAHotline, ABVI-Goodwill, 422 South 

Clinton Ave., Rochester, NY 14620; 

telephone number: (202) 554–1404; 

email address: TSCA-Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. What is the Agency’s authority for 

taking this action? 

TSCA section 5(a)(2) (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 the factors in TSCA section 

5(a)(2) (see also the discussion in Unit 

II.). 

B. What action is the Agency taking? 

EPA is finalizing SNURs under TSCA 

section 5(a)(2) for chemical substances 

that were the subject of PMNs P–16– 

541, P–17–299, P–18–172, P–19–99, P– 

19–118, and P–19–120. The SNURs 

require persons who intend to 

manufacture or process any of these 

chemical substances for an activity that 

is designated as a significant new use in 

the SNURs to notify EPA at least 90 

days before commencing that activity. 

Previously, in the Federal Register of 

December 6, 2019 (84 FR 66855) (FRL– 

10001–48), EPA proposed SNURs for 

these chemical substances along with 

nineteen other SNURs. EPA finalized 

the proposed SNURs for P–17–393, P– 

19–86, P–19–87, P–19–89, P–19–90, P– 

19–91, P–19–92, P–19–93, P–19–97, P– 

19–100, P–19–101, P–19–102, P–19– 

103, P–19–104, P–19–105, P–19–106, P– 

19–107, P–19–108, and P–19–110 in a 

previous Federal Register notice of 

August 18, 2021 (86 FR 46133) (FRL– 

8000–02–OCSPP). EPA is not currently 

finalizing the SNURs for the chemical 

substances which were the subject of 

PMNs P–18–387 and P–18–388 and will 

address these SNURs in a future notice 

in order to consider new information 

about exposures. More information on 

the specific chemical substances subject 

to this final rule can be found in the 

Federal Register document proposing 

the SNURs. The docket includes 

information considered by the Agency 

in developing the proposed and final 

rules, including the public comments 

received on the proposed rules that are 

described in Unit II. 

C. Does this action apply to me? 

1. General Applicability 

This action may apply to you if you 

manufacture (defined by statute to 

include import), process, or use the 

chemical substances addressed in this 

Federal Register document. The 

following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

to help readers determine whether this 

document applies to them. Potentially 

affected entities may include: 

• Manufacturers or processors of one 

or more subject chemical substances 

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

chemical manufacturing and petroleum 

refineries. 

2. Applicability to Importers and 

Exporters 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

requirements under TSCA. Chemical 

importers are subject to TSCA section 

13 (15 U.S.C. 2612), the import 

provisions promulgated at 19 CFR 

12.118 through 12.127 (see also 19 CFR 

127.28), and the EPA policy in support 

of import certification at 40 CFR part 

707, subpart B. Importers of chemical 

substances in bulk form, as part of a 

mixture, or as part of an article (if 

required by rule) must certify that the 

shipment of the chemical substance 

complies with all applicable rules and 

Orders under TSCA, including 

regulations issued under TSCA sections 

5, 6, 7 and Title IV. 

In addition, pursuant to 40 CFR 

721.20, any persons who export or 

intend to export a chemical substance 

identified in this document 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. 

D. What are the estimated incremental 

impacts of this action? 

EPA has evaluated the potential costs 

of establishing SNUN reporting 

requirements for potential 

manufacturers (including importers) 

and processors of the chemical 

substances included in these SNURs. 

This analysis, which is available in the 

docket, is briefly summarized here. 

1. Estimated Costs for SNUN 

Submissions 

If a SNUN is submitted, costs are an 

estimated $45,000 per SNUN 

submission for large business submitters 

and $14,500 for small business 

submitters. These estimates include the 

cost to prepare and submit the SNUN 

(including registration for EPA’s Central 

Data Exchange (CDX)), and the payment 

of a user fee. Businesses that submit a 

SNUN would be subject to either a 

$37,000 user fee required by 40 CFR 

700.45(c)(2)(ii) and (d), or, if they are a 

small business as defined at 13 CFR 

121.201, a reduced user fee of $6,480 

(40 CFR 700.45(c)(1)(ii) and (d)) per 

fiscal year 2022. The costs of 

submission for SNUNs will not be 

incurred by any company unless a 

company decides to pursue a significant 

new use as defined in these SNURs. 

Additionally, these estimates reflect the 

costs and fees as they are known at the 

time of this rulemaking. 

2. Estimated Costs for Export 

Notifications 

EPA has also evaluated the potential 

costs associated with the export 

notification requirements under TSCA 

section 12(b) and the implementing 

regulations at 40 CFR part 707, subpart 

D. For persons exporting a substance 

that is the subject of a SNUR, a one-time 

notice to EPA 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). While EPA is unable to make 

any estimate of the likely number of 

export notifications for the chemical 

substances covered by these SNURs, as 

stated in the accompanying economic 

analysis, the estimated cost of the export 

notification requirement on a per unit 

basis is approximately $106. 

II. Background 

Unit II. of the proposed rule provides 

general information about SNURs, and 

additional information about EPA’s new 

chemical program is available at https:// 

www.epa.gov/reviewing-new-chemicalsunder-toxic-substances-control-act-tsca. 


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A. Significant New Uses Claimed as 

Confidential Business Information (CBI) 

EPA is establishing certain significant 

new uses which have been claimed as 

CBI subject to Agency confidentiality 

regulations at 40 CFR part 2 and 40 CFR 

part 703. Absent a final determination 

or other disposition of the 

confidentiality claim under these 

regulations, EPA is required to keep this 

information confidential. EPA 

promulgated a procedure at 40 CFR 

721.11 to deal with the situation where 

a specific significant new use is CBI. 

Under these procedures a 

manufacturer or processor may request 

EPA to identify the confidential 

significant new use under the rule. The 

manufacturer or processor must show 

that it has a bona fide intent to 

manufacture or process the chemical 

substance. If EPA concludes that the 

person has shown a bona fide intent to 

manufacture or process the chemical 

substance, EPA will identify the 

confidential significant new use to that 

person. Since most of the chemical 

identities of the chemical substances 

subject to these SNURs are also CBI, 

manufacturers and processors can 

combine the bona fide submission 

under the procedure in 40 CFR 721.11 

into a single step. 

B. Applicability of the Significant New 

Use Designation 

Any use that EPA determines in the 

final rule was ongoing as of the date of 

publication of the proposal and did not 

cease prior to issuance of the final rule, 

will not be designated as a significant 

new use in the final rule. EPA has no 

information to suggest that any of the 

significant new uses identified in this 

rule meet those criteria. 

As discussed in the Federal Register 

of April 24, 1990 (55 FR 17376 (FRL– 

3658–5)), EPA believes that the intent of 

TSCA section 5(a)(1)(B) is best served by 

designating a use as a significant new 

use as of the date of publication of the 

proposed rule rather than as of the 

effective date of the final rule. The 

objective of EPA’s approach is to ensure 

that a person cannot impede finalization 

of a SNUR by initiating a significant 

new use after publication of the 

proposed rule but before the effective 

date of the final rule. Uses arising after 

the publication of the proposed rule are 

distinguished from uses that are 

identified in the final rule as having 

been ongoing on the date of publication 

of the proposed rule. The former would 

be new uses, the latter ongoing uses, 

except that uses that are identified as 

ongoing as of the publication of the 

proposed rule would not be considered 

ongoing uses if they have ceased by the 

date of issuance of a final rule. 

In the unlikely event that before a 

final rule becomes effective a person 

begins commercial manufacturing 

(including importing) or processing of 

the chemical substances for a use that is 

designated as a significant new use in 

that final rule, such a person would 

have to cease any such activity upon the 

effective date of the final rule. To 

resume their activities, these persons 

would have to first comply with all 

applicable SNUR notification 

requirements and wait until all TSCA 

prerequisites for the commencement of 

manufacture or processing have been 

satisfied. 

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA Chemical Substance Inventory 

(TSCA Inventory). Guidance on how to 

determine if a chemical substance is on 

the TSCA Inventory is available on the 

internet at https://www.epa.gov/tscainventory. 

C. Important Information About SNUN 

Submissions 

1. SNUN Submissions 

SNUNs must be submitted on EPA 

Form No. 7710–25, generated using ePMN software, and submitted to the 

Agency in accordance with the 

procedures set forth in 40 CFR 720.40 

and 721.25. E–PMN software is 

available electronically at https://

www.epa.gov/reviewing-new-chemicalsunder-toxic-substances-control-act-tsca. 

2. Development and Submission of 

Information 

EPA recognizes that TSCA section 5 

does not require development of any 

particular new information (e.g., 

generating test data) before submission 

of a SNUN. There is an exception: If a 

person is required to submit information 

for a chemical substance pursuant to a 

rule, order or consent agreement under 

TSCA section 4, then TSCA section 

5(b)(1)(A) requires such information to 

be submitted to EPA at the time of 

submission of the SNUN. 

In the absence of a rule, TSCA order, 

or consent agreement under TSCA 

section 4 covering the chemical 

substance, persons are required only to 

submit information in their possession 

or control and to describe any other 

information known to or reasonably 

ascertainable by them (see 40 CFR 

720.50). However, upon review of PMNs 

and SNUNs, the Agency has the 

authority to require appropriate testing. 

To assist with EPA’s analysis of the 

SNUN, submitters are encouraged, but 

not required, to provide the potentially 

useful information identified for the 

chemical substance in Unit IV of the 

proposed rule. 

EPA strongly encourages persons, 

before performing any testing, to consult 

with the Agency pertaining to protocol 

selection. Furthermore, pursuant to 

TSCA section 4(h), which pertains to 

reduction of testing in vertebrate 

animals, EPA encourages consultation 

with the Agency on the use of 

alternative test methods and strategies 

(also called New Approach 

Methodologies, or NAMs), if available, 

to generate the recommended test data. 

EPA encourages dialog with Agency 

representatives to help determine how 

best the submitter can meet both the 

data needs and the objective of TSCA 

section 4(h). For more information on 

alternative test methods and strategies 

to reduce vertebrate animal testing, visit 

https://www.epa.gov/assessing-andmanaging-chemicals-under-tsca/ 

alternative-test-methods-and-strategiesreduce. 

The potentially useful information 

described in Unit IV of the proposed 

rule may not be the only means of 

providing information to evaluate the 

chemical substance associated with the 

significant new uses. However, 

submitting a SNUN without any test 

data may increase the likelihood that 

EPA will take action under TSCA 

sections 5(e) or 5(f). EPA recommends 

that potential SNUN submitters contact 

EPA early enough so that they will be 

able to conduct the appropriate tests. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical substances. 

D. Public Comments on Proposed Rule 

and EPA Responses 

EPA received public comments from 

two identifying entities and two 

confidential entities pertaining to the 

SNURs that the Agency is finalizing 

with this rule. One comment was 

generally critical of the rule but did not 

identify specific changes or issues with 

the rule requirements; therefore, no 

response is required. Two of the 

comments identified ongoing uses of 

two different chemical substances in the 

proposed rule. As a result, EPA is 

issuing a modified final rule for those 

chemical substances that do not 

designate the ongoing uses as significant 

new uses. Specifically, for the chemical 

substance that was the subject of P–17– 

299, EPA will no longer designate as a 


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significant new use the use of the 

chemical substance in a manner that 

generates a dust, mist, or aerosol. EPA 

is instead designating as a significant 

new use the use of the chemical 

substance by workers unless specific 

respiratory protection is provided. For 

the chemical substance that was the 

subject of P–18–172, EPA is not 

designating use of the chemical 

substance in architectural coatings that 

are consumer products as a significant 

new use. A summary of all of the 

comments and the Agency’s responses 

to these comments are presented in the 

Response to Public Comments 

document. The comments and the 

Response to Public Comments are 

available in the docket for this rule. 

III. Chemical Substances Subject to 

These SNURs 

A. What is the designated cutoff date for 

determining whether the new use is 

ongoing for these chemical substances? 

EPA designates December 6, 2019, as 

the cutoff date for determining whether 

the new use is ongoing. This 

designation is explained in more detail 

in Unit VI of the proposed rule. 

B. What information is provided for 

each chemical substance? 

In Unit IV. of the proposed rule, EPA 

provided the following information for 

each chemical substance subject to these 

SNURs: 

• PMN number (the CFR citation 

assigned in the regulatory text section of 

this document). 

• Chemical name (generic name, if 

the specific name is claimed as CBI). 

• Chemical Abstracts Service Registry 

Number (CASRN) (if assigned for nonconfidential chemical identities). 

• Potentially useful information. 

The regulatory text section specifies 

the activities designated as significant 

new uses. Certain new uses, including 

exceeding production volume limits and 

other uses designated in the proposed 

rules, may be claimed as CBI. 

In addition, as discussed in Unit V.A. 

of the proposed rule, for the chemical 

substances that have undergone 

premanufacture review, EPA has 

identified certain conditions of use and 

other circumstances of use apart from 

those intended by the PMN submitter as 

significant new uses. All uses identified 

as significant new uses in this rule 

cannot occur without first going through 

a separate EPA review and 

determination process associated with a 

SNUN. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action establishes SNURs for 

new chemical substances that were the 

subject of PMNs. The Office of 

Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866 (58 

FR 51735, October 4, 1993), as amended 

by Executive Order 14094 (88 FR 21879, 

April 11, 2023). 

B. Paperwork Reduction Act (PRA) 

According to 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 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 associated with SNURs 

have already been approved by OMB 

pursuant to the PRA under OMB control 

number 2070–0038 (EPA ICR No. 

1188.13). This action does not impose 

any burden requiring additional OMB 

approval. If an entity were to submit a 

SNUN to the Agency, the annual burden 

is estimated to average between 30 and 

170 hours per submission. 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. 

EPA always welcomes your feedback 

on the burden estimate. Send any 

comments about the accuracy of the 

burden estimate, and any suggested 

methods for minimizing respondent 

burden, including through the use of 

automated collection techniques. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

The requirement to submit a SNUN 

applies to any person (including small 

or large entities) who intends to engage 

in any activity described in the final 

rule as a ‘‘significant new use.’’ Because 

these uses are ‘‘new,’’ based on all 

information currently available to EPA, 

EPA has concluded that no small or 

large entities presently engage in such 

activities. 

A SNUR requires that any person who 

intends to engage in such activity in the 

future must first notify EPA by 

submitting a SNUN. Although some 

small entities may decide to pursue a 

significant new use 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 chemicals, the Agency 

receives only a small number of notices 

per year. For example, the number of 

SNUNs received was 16 in Federal fiscal 

year (FY) FY2018, five in FY2019, seven 

in FY2020, 13 in FY2021, 11 in FY2022, 

and 15 in FY2023, and only a fraction 

of these submissions were from small 

businesses. 

In addition, the Agency currently 

offers relief to qualifying small 

businesses by reducing the SNUN 

submission fee from $37,000 to 6,480. 

This lower fee reduces the total 

reporting and recordkeeping cost of 

submitting a SNUN to about $14,500 per 

SNUN submission for qualifying small 

firms. Therefore, the potential economic 

impacts of complying with these SNURs 

are not expected to be significant or 

adversely impact a substantial number 

of small entities. In a SNUR that 

published in the Federal Register of 

June 2, 1997 (62 FR 29684) (FRL–5597– 

1), the Agency presented its general 

determination that 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. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more (in 1995 dollars) in any one year 

as described in UMRA, 2 U.S.C. 1531– 

1538, and does not significantly or 

uniquely affect small governments. 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by SNURs, and EPA does 

not have any reasons to believe that any 

State, local, or Tribal government will 

be impacted by these SNURs. In 

addition, the estimated costs of this 

action to the private sector do not 

exceed $183 million or more in any one 

year (the 1995 dollars are adjusted to 

2023 dollars for inflation using the GDP 

implicit price deflator). The estimated 


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costs for this action are discussed in 

Unit I.D. 

E. Executive Order 13132: Federalism 

This action will not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999), because it is not expected to 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. Accordingly, the 

requirements of Executive Order 13132 

do not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action will not have Tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because it is not expected to have 

substantial direct effects on Indian 

Tribes or significantly or uniquely affect 

the communities of Indian Tribal 

governments and does not involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this action. 

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 it does not concern an 

environmental health or safety risk. 

Since this action does not concern a 

human health risk, EPA’s 2021 Policy 

on Children’s Health also does not 

apply. Although the establishment of 

these SNURs do not address an existing 

children’s environmental health 

concern because the chemical uses 

involved are not ongoing uses, SNURs 

require that persons notify EPA at least 

90 days before commencing 

manufacture (defined by statute to 

include import) or processing of any of 

these chemical substances for an 

activity that is designated as a 

significant new use by this rule. This 

notification allows EPA to assess the 

intended uses to identify potential risks 

and take appropriate actions before the 

activities commence. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This action does not involve any 

technical standards subject to NTTAA 

section 12(d) (15 U.S.C. 272 note). 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

This action does not concern human 

health or environmental conditions and 

therefore cannot be evaluated with 

respect to the potential for 

disproportionate impacts on non-white 

and low-income populations in 

accordance with Executive Order 12898 

(59 FR 7629, February 16, 1994) and 

Executive Order 14096 (88 FR 25251, 

April 26, 2023). Although this action 

does not concern human health or 

environmental conditions, the 

premanufacture notifications required 

by these SNURs allow EPA to assess the 

intended uses to identify potential 

disproportionate risks and take 

appropriate actions before the activities 

commence. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA (5 

U.S.C. 801 et seq.), and EPA will submit 

a rule report to each House of the 

Congress and to the Comptroller General 

of the United States. 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: December 20, 2024. 

Mary Elissa Reaves, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, for the reasons stated in the 

preamble, 40 CFR chapter I is amended 

as follows: 

PART 9—OMB APPROVALS UNDER 

THE PAPERWORK REDUCTION ACT 

■ 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; 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. Amend the table in § 9.1, by adding 

entries for §§ 721.11420 and 721.11421, 

721.11423, and 721.11444 through 

721.11446 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 

* * * * * 

721.11420 ..................... 2070–0012 

721.11421 ..................... 2070–0012 

* * * * * 

721.11423 ..................... 2070–0012 

* * * * * 

721.11444 ..................... 2070–0012 

721.11445 ..................... 2070–0012 

721.11446 ..................... 2070–0012 

* * * * * 

* * * * * 

PART 721—SIGNIFICANT NEW USES 

OF CHEMICAL SUBSTANCES 

■ 3. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

Subpart E—Significant New Uses for 

Specific Chemical Substances 

■ 4. Add §§ 721.11420, 721.11421, 

721.11423, and 721.11444 through 

721.11446 to Subpart E to read as 

follows: 

Sec. 

* * * * * 

721.11420 Soybean meal, reaction products 

with phosphoric trichloride. 

721.11421 2-propenoic acid, alkyl, 

polymers with alkyl acrylate and 

polyethylene glycol methacrylate alkyl 

ether (generic). 

* * * * * 


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721.11423 Calcium, carbonate 2- 

ethylhexanoate neodecanoate propionate 

complexes. 

* * * * * 

721.11444 Propanoic acid, 3-hydroxy-2- 

(hydroxymethyl)-2-methyl-, polymer 

with dimethyl carbonate, 1,2- 

ethanediamine, 2-ethyl-2- 

(hydroxymethyl)-1,3-propanediol, 1,6- 

hexanediol and 1,1′-methylenebis[4- 

isocyanatocyclohexane], compd. with 

N,N-diethylethanamine. 

721.11445 Substituted polyalkylenepoly, 

reaction products with alkene polymer 

(generic). 

721.11446 Alkenoic acid, polymer with 

alkanediyl bis substituted alkylene bis 

heteromonocycle, substituted 

carbomonocycle and (alkylalkenyl) 

carbomonocycle, alkali metal salt 

(generic). 

* * * * * 

§ 721.11420 Soybean meal, reaction 

products with phosphoric trichloride. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

soybean meal, reaction products with 

phosphoric trichloride (PMN P–16–541, 

CASRN 1962913–92–3) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4), and 

(c)(4), where N=22. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of Subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

§ 721.11421 2-propenoic acid, alkyl, 

polymers with alkyl acrylate and 

polyethylene glycol methacrylate alkyl ether 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as 2-propenoic acid, alkyl, 

polymers with alkyl acrylate and 

polyethylene glycol methacrylate alkyl 

ether (PMN P–17–299) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(4) through (6), and (c). When 

determining which persons are 

reasonably likely to be exposed as 

required for § 721.63(4), engineering 

control measures (e.g., enclosure or 

confinement of the operation, general 

and local ventilation) or administrative 

control measures (e.g., workplace 

policies and procedures) shall be 

considered and implemented to prevent 

exposure, where feasible. For purposes 

of § 721.63(a)(5), respirators must 

provide a National Institute for 

Occupational Safety and Health 

(NIOSH) assigned protection factor 

(APF) of at least 1,000. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(f). It is a significant 

new use to use the substance other than 

as a thickener in paint. It is a significant 

new use to use the substance in 

concentrations greater than 1% in 

formulated products. 

(b) Specific requirements. The 

provisions of Subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

* * * * * 

§ 721.11423 Calcium, carbonate 2- 

ethylhexanoate neodecanoate propionate 

complexes. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

calcium, carbonate 2-ethylhexanoate 

neodecanoate propionate complexes 

(PMN P–18–172) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. It is a significant 

new use to use the substance in a 

consumer product except for use in 

architectural coatings. It is a significant 

new use to use the substance other than 

as an auxiliary drier for architectural 

paints, industrial coatings and stains. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of Subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

* * * * * 

§ 721.11444 Propanoic acid, 3-hydroxy-2- 

(hydroxymethyl)-2-methyl-, polymer with 

dimethyl carbonate, 1,2-ethanediamine, 2- 

ethyl-2-(hydroxymethyl)-1,3-propanediol, 

1,6-hexanediol and 1,1′-methylenebis[4- 

isocyanatocyclohexane], compd. with N,Ndiethylethanamine. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

propanoic acid, 3-hydroxy-2- 

(hydroxymethyl)-2-methyl-, polymer 

with dimethyl carbonate, 1,2- 

ethanediamine, 2-ethyl-2- 

(hydroxymethyl)-1,3-propanediol, 1,6- 

hexanediol and 1,1′-methylenebis[4- 

isocyanatocyclohexane], compd. with 

N,N-diethylethanamine (PMN P–19–99, 

CASRN 1178511–46–0) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. (2) The 

significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). It is a 

significant new use to use the substance 

other than as a clear coat for wood. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of Subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

§ 721.11445 Substituted polyalkylenepoly, 

reaction products with alkene polymer 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as substituted 

polyalkylenepoly, reaction products 

with alkene polymer (PMN P–19–118) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. (2) The 

significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. It is a significant 

new use to manufacture, process, or use 

the substance in any manner that results 

in inhalation exposure. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 


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apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

§ 721.11446 Alkenoic acid, polymer with 

alkanediyl bis substituted alkylene bis 

heteromonocycle, substituted 

carbomonocycle and (alkylalkenyl) 

carbomonocycle, alkali metal salt (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as alkenoic acid, polymer 

with alkanediyl bis substituted alkylene 

bis heteromonocycle, substituted 

carbomonocycle and (alkylalkenyl) 

carbomonocycle, alkali metal salt (PMN 

P–19–120) is subject to reporting under 

this section for the significant new uses 

described in paragraph (a)(2) of this 

section. (2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4), and 

(c)(4) where N=78. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of Subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2024–30964 Filed 1–3–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–OPPT–2024–0044; FRL 9427.2– 

01–OCSPP] 

RIN 2070–AL23 

Implementing Statutory Addition of 

Certain Per- and Polyfluoroalkyl 

Substances (PFAS) to Toxics Release 

Inventory (TRI) Beginning With 

Reporting Year 2025 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating the list of 

chemicals subject to toxic chemical 

release reporting under the Emergency 

Planning and Community Right-toKnow Act (EPCRA) and the Pollution 

Prevention Act (PPA). Specifically, this 

action updates the regulations to 

identify nine per- and polyfluoroalkyl 

substances (PFAS) that must be reported 

pursuant to the National Defense 

Authorization Act for Fiscal Year 2020 

(FY2020 NDAA) enacted on December 

20, 2019. As this action is being taken 

to conform the regulations to a 

Congressional legislative mandate, 

notice and comment rulemaking is 

unnecessary. 

DATES: This final rule is effective 

February 5, 2025. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2024–0044, is 

available at https://

www.regulations.gov. Additional 

instructions on visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Daniel R. Ruedy, Data Gathering, 

Management and Policy Division 

(7607M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–7974; email address: 

ruedy.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or otherwise use any of the PFAS listed 

in this rule, including but not limited to 

entities identified with the following 

North American Industry Classification 

System (NAICS) codes. 

• Facilities included in the following 

NAICS manufacturing codes 

(corresponding to Standard Industrial 

Classification (SIC) codes 20 through 

39): 311*, 312*, 313*, 314*, 315*, 316, 

321, 322, 323*, 324, 325*, 326*, 327*, 

331, 332, 333, 334*, 335*, 336, 337*, 

339*, 111998*, 113310, 211130*, 

212323*, 212390*, 488390*, 512230*, 

512250*, 5131*, 516210*, 519290*, 

541713*, 541715* or 811490*. 

*Exceptions and/or limitations exist for 

these NAICS codes. 

• Facilities included in the following 

NAICS codes (corresponding to SIC 

codes other than SIC codes 20 through 

39): 211130* (corresponds to SIC code 

1321, Natural Gas Liquids, and SIC 

2819, Industrial Inorganic Chemicals, 

Not Elsewhere Classified); or 212114, 

212115, 212220, 212230, 212290*; or 

2211*, 221210*, 221330 (limited to 

facilities that combust coal and/or oil 

for the purpose of generating power for 

distribution in commerce) (corresponds 

to SIC codes 4911, 4931, and 4939, 

Electric Utilities); or 424690, 424710 

(corresponds to SIC code 5171, 

Petroleum Bulk Terminals and Plants); 

425120 (limited to facilities previously 

classified in SIC code 5169, Chemicals 

and Allied Products, Not Elsewhere 

Classified); or 562112 (limited to 

facilities primarily engaged in solvent 

recovery services on a contract or fee 

basis (previously classified under SIC 

code 7389, Business Services, NEC)); or 

562211*, 562212*, 562213*, 562219*, 

562920 (limited to facilities regulated 

under the Resource Conservation and 

Recovery Act, subtitle C, 42 U.S.C. 6921 

et seq.) (corresponds to SIC code 4953, 

Refuse Systems). *Exceptions and/or 

limitations exist for these NAICS codes. 

• Federal facilities. 

A more detailed description of the 

types of facilities subject to reporting 

under EPCRA section 313 can be found 

at: https://www.epa.gov/toxics-releaseinventory-tri-program/tri-coveredindustry-sectors. To determine whether 

your facility would be affected by this 

action, you should carefully examine 

the applicability criteria in 40 CFR part 

372, subpart B. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What action is the Agency taking? 

EPA is codifying the addition of the 

nine PFAS added to the EPCRA section 

313 list of reportable chemicals (more 

commonly known as the Toxics Release 

Inventory (TRI)) since the last 

conforming rule pursuant to the FY2020 

NDAA ((89 FR 43331; May 17, 2024) 

(FRL–9427.1–01–OCSPP)). 

C. What is the Agency’s authority for 

taking this action? 

This action is issued under authority 

of EPCRA section 313 (42 U.S.C. 11001 

et seq.), PPA section 6607 (42 U.S.C. 

13106), and FY2020 NDAA section 7321 

(Pub. L. 116–92). 

II. Background 

A. What is NDAA Section 7321? 

The FY2020 NDAA was signed into 

law on December 20, 2019. Among other 

provisions, section 7321(c) identifies 

certain regulatory activities that 

automatically add PFAS or classes of 

PFAS to the EPCRA section 313 list of 

reportable chemicals. PFAS or classes of 

PFAS shall be added to the EPCRA 


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