Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Rules and Regulations 42651 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary safety zone in the navigable 

waters around the loading, staging, and 

display of fireworks at a dock located in 

Homewood, CA on Lake Tahoe. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T11–106 to read as 

follows: 

§ 165.T11–106 Safety Zone; Homewood 

Wedding Fireworks Display, Lake Tahoe, 

Homewood, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters of Lake 

Tahoe, from surface to bottom, within a 

circle formed by connecting all points 

100 feet out from the fireworks display 

dock during the loading and staging at 

the display location in Homewood, CA. 

Between 9 p.m. and 10:03 p.m. on July 

23, 2022, the safety zone will expand to 

all navigable waters, from surface to 

bottom, within a circle formed by 

connecting all points 140 feet out from 

the fireworks display dock in 

approximate position 39°07′41.7′′ N, 

120°09′32.3′′ W (North American Datum 

of 1983 (NAD 83)) or as announced via 

Broadcast Notice to Mariners. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel, or a 

Federal, State, or Local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced from 7:30 p.m. until 

10:03 p.m. on July 23, 2022. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with § 165.7. 

Dated: July 12, 2022. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco. 

[FR Doc. 2022–15271 Filed 7–15–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–TRI–2022–0453; FRL–9427–01– 

OCSPP] 

RIN 2070–AL04 

Implementing Statutory Addition of 

Certain Per- and Polyfluoroalkyl 

Substances (PFAS) to the Toxics 

Release Inventory Beginning With 

Reporting Years 2021 and 2022 

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 five 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 August 

17, 2022. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–TRI–2022–0453, is 

available at https://

www.regulations.gov. Please review the 

visitor instructions and additional 

information about the docket available 

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

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Daniel R. Ruedy, Data Gathering and 

Analysis Division (7406M), Office of 

Pollution Prevention and Toxics, 


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Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

564–7974; email address: ruedy.daniel@

epa.gov. 

For general information contact: The 

Emergency Planning and Community 

Right-to-Know Act Hotline; telephone 

numbers: toll free at (800) 424–9346 

(select menu option 3) or (703) 348– 

5070 in the Washington, DC, area and 

international; or go to https://

www.epa.gov/home/epa-hotlines. 

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. The following list of North 

American Industry Classification 

System (NAICS) codes is not intended 

to be exhaustive, but rather provides a 

guide to help readers determine whether 

this action applies to them. Potentially 

affected entities may include: 

• 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*, 211130*, 212324*, 

212325*, 212393*, 212399*, 488390*, 

511110, 511120, 511130, 511140*, 

511191, 511199, 512230*, 512250*, 

519130*, 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 212111, 

212112, 212113 (corresponds to SIC 

code 12, Coal Mining (except 1241)); or 

212221, 212222, 212230, 212299 

(corresponds to SIC code 10, Metal 

Mining (except 1011, 1081, and 1094)); 

or 221111, 221112, 221113, 221118, 

221121, 221122, 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, 425110, 

425120 (limited to facilities previously 

classified in SIC code 5169, Chemicals 

and Allied Products, Not Elsewhere 

Classified); or 424710 (corresponds to 

SIC code 5171, Petroleum Bulk 

Terminals and Plants); 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). 

• Federal facilities. 

A more detailed description of the 

types of facilities covered by the NAICS 

codes subject to reporting under EPCRA 

section 313 can be found at: https://

www.epa.gov/toxics-release-inventorytri-program/tri-covered-industry-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 five additional 

PFAS that were 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 (86 FR 29698, June 3, 2021) 

(FRL–10022–25)). 

C. What is the Agency’s authority for 

taking this action? 

This action is issued under the 

authority of section 313 of the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA) (42 U.S.C. 

11001 et seq.), section 6607 of the 

Pollution Prevention Act (PPA) (42 

U.S.C. 13106), and section 7321 of the 

National Defense Authorization Act for 

Fiscal Year 2020 (FY2020 NDAA) (Pub. 

L. 116–92, https://www.congress.gov/ 

public-laws/116th-congress). 

II. Background 

A. What is NDAA section 7321? 

On December 20, 2019, the FY2020 

NDAA was signed into law. 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. Specifically, 

PFAS or classes of PFAS are added to 

the EPCRA section 313 list of reportable 

chemicals beginning January 1 of the 

calendar year after any one of the 

following dates: 

• Final Toxicity Value. The date on 

which the Administrator finalizes a 

toxicity value for the PFAS or class of 

PFAS; 

• Significant New Use Rule. The date 

on which the Administrator makes a 

covered determination for the PFAS or 

class of PFAS; 

• Addition to Existing Significant 

New Use Rule. The date on which the 

PFAS or class of PFAS is added to a list 

of substances covered by a covered 

determination; 

• Addition as an Active Chemical 

Substance. The date on which the PFAS 

or class of PFAS to which a covered 

determination applies is: 

(1) Added to the list published under 

section 8(b)(1) of the Toxic Substances 

Control Act (TSCA) (15 U.S.C. 2601 et 

seq.) and designated as an active 

chemical substance under TSCA section 

8(b)(5)(A); or 

(2) Designated as an active chemical 

substance under TSCA section 8(b)(5)(B) 

on the list published under TSCA 

section 8(b)(1). 

The FY2020 NDAA defines ‘‘covered 

determination’’ as a determination made 

by rule under TSCA section 5(a)(2) that 

a use of a PFAS or class of PFAS is a 

significant new use (except such a 

determination made in connection with 

a determination described in TSCA 

sections 5(a)(3)(B) or 5(a)(3)(C)). 

Under FY2020 NDAA section 7321(e), 

EPA must review confidential business 

information (CBI) claims before PFAS 

are added to the list pursuant to 

subsections (b)(1), (c)(1), or (d)(3) whose 

identities are subject to a claim of 

protection from disclosure under 5 

U.S.C. 552(a), pursuant to subsection 

(b)(4) of that section. Under the FY2020 

NDAA EPA must: 

• Review a claim of protection from 

disclosure; and 

• Require that person to reassert and 

substantiate or resubstantiate that claim 

in accordance with TSCA section 14(f) 

(15 U.S.C. 2613(f)). 

In addition, if EPA determines that 

the chemical identity of a PFAS or class 

of PFAS qualifies for protection from 

disclosure, EPA must include the PFAS 

or class of PFAS on the TRI in a manner 

that does not disclose the protected 

information. 

B. What PFAS have been added to the 

TRI list? 

EPA has reviewed the above-listed 

criteria and found five chemicals that 

meet the requirements of this part of the 

FY2020 NDAA and whose identity is 

not claimed as confidential business 

information (CBI). 


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Chemical name/CAS No. Triggering action Effective 

date 

Perfluorobutane sulfonic acid (375-73-5) ......................................................................... Final Toxicity Value (Ref. 1) ...................... 1/1/22 

Perfluorobutanesulfonate (45187-15-3) ............................................................................ Final Toxicity Value (Ref. 1) ...................... 1/1/22 

Potassium perfluorobutane sulfonate (29420-49-3) ......................................................... Final Toxicity Value (Ref. 1) ...................... 1/1/22 

2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12- 

heneicosafluorododecyl ester, polymer with 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- 

heptadecafluorodecyl 2-methyl-2-propenoate, methyl 2-methyl-2-propenoate, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14- 

pentacosafluorotetradecyl 2-methyl-2-propenoate and 3,3,4,4,5,5,6,6,7,7,8,8,8- 

tridecafluorooctyl 2-methyl-2-propenoate (65104-45-2).

Subject to a covered TSCA section 5(a)(2) 

determination and has been designated 

as an active chemical substance under 

TSCA section 8(b)(5)(B) on the list published under TSCA section 8(b)(1).

1/1/21 

2-Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, gamma-omega-perfluoro-C10-6-alkyl acrylate and stearyl methacrylate 

(203743-03-7).

Addition to Existing Significant New Use 

Rule (see 85 FR 45109, July 27, 2020) 

(FRL-10010-44) CBI Declassification 

(Ref. 2).

1/1/22 

As stated above, under FY2020 NDAA 

section 7321(e), EPA must review CBI 

claims before PFAS whose identities are 

subject to a claim of protection from 

disclosure under 5 U.S.C. 552(a) 

(pursuant to subsection (b)(4)) are added 

to the list. The substance with the CAS 

No. 203743–03–7 met the criteria under 

FY2020 NDAA section 

7321(c)(1)(A)(iii), but was subject to a 

claim of protection from disclosure 

under 5 U.S.C. 552(b)(4) at that time. 

That substance’s identity has since been 

published on the non-confidential 

portion of the TSCA Inventory in 2021; 

therefore, the chemical was added to the 

list. 

As established by the FY2020 NDAA, 

the addition of these PFAS to the 

EPCRA section 313 list of reportable 

chemicals is effective January 1 of the 

calendar year following any of the dates 

identified in FY2020 NDAA section 

7321(c)(1)(A). Accordingly, four of these 

five non-CBI PFAS are reportable for the 

2022 reporting year (i.e., reports due 

July 1, 2023). One of the five is 

reportable for the 2021 reporting year 

(i.e., reports due July 1, 2022). A 

triggering activity under FY2020 NDAA 

section 7321(c)(1)(A)(iv)(II) (i.e., a PFAS 

to which a covered TSCA section 5(a)(2) 

determination is made and designated 

as an active chemical substance under 

TSCA section 8(b)(5)(B) on the list 

published under TSCA section 8(b)(1)) 

occurred for this PFAS in 2020, but it 

was not identified in the conforming 

rule in 2021 (see Implementing 

Statutory Addition of Certain Per- and 

Polyfluoroalkyl Substances (PFAS) to 

the TRI Beginning with the Reporting 

Year 2021 final rule (86 FR 29698, June 

3, 2021) (FRL–10022–25)). Due to the 

2020 triggering activity, this PFAS was 

added by the NDAA effective January 1, 

2021. This rule is conforming the 

regulatory text in the CFR to reflect this 

addition. 

EPA is issuing this final rule to amend 

the EPCRA section 313 list of reportable 

chemicals in 40 CFR 372.65 to include 

these five non-CBI PFAS added 

pursuant to the FY2020 NDAA. 

III. Good Cause Exception 

Section 553(b)(B) of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(B), provides that, when an 

agency for good cause finds that public 

notice and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

The EPA has determined that there is 

good cause for making this rule final 

without prior proposal and opportunity 

for comment because such notice and 

opportunity for comment is 

unnecessary. This action is being taken 

to comply with a mandate in an Act of 

Congress, where Congress identified 

actions that automatically add these 

chemicals to the TRI. Thus, EPA has no 

discretion as to the outcome of this rule, 

which merely aligns the regulations 

with the self-effectuating changes 

provided by the FY2020 NDAA. 

IV. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not itself physically located 

in the docket. For assistance in locating 

these other documents, please consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

1. EPA. Human Health Toxicity Values for 

Perfluorobutane Sulfonic Acid and Related 

Compound Potassium Perfluorobutane 

Sulfonate. U.S. Environmental Protection 

Agency, Washington, DC, EPA/600/R–20/ 

345F: April 2021. https://cfpub.epa.gov/ 

ncea/risk/recordisplay.cfm?deid=350888. 

2. EPA. Updates to Confidential Status of 

Chemicals on the TSCA Inventory. October 

15, 2021. https://www.epa.gov/tsca-cbi/ 

updates-confidential-status-chemicals-tscainventory. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

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

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA, 44 U.S.C 3501 et seq. Burden is 

defined in 5 CFR 1320.3(b). OMB has 

previously approved the information 

collection activities contained in the 

existing regulations and assigned OMB 

control numbers 2070–0212 and 2050– 

0078. 

Currently, the facilities subject to the 

reporting requirements under EPCRA 

section 313 and PPA section 6607 may 

use either EPA Toxic Chemicals Release 

Inventory Form R (EPA Form 9350–1), 

or EPA Toxic Chemicals Release 

Inventory Form A (EPA Form 9350–2). 

The Form R must be completed if a 

facility manufactures, processes, or 

otherwise uses any listed chemical 

above threshold quantities and meets 

certain other criteria. For the Form A, 

EPA established an alternative threshold 

for facilities with low annual reportable 

amounts of a listed toxic chemical. The 

annual reportable amount is equal to the 

combined total quantities of the 

following waste management activities: 

• Released at the facility (including 

disposed of within the facility); 

• Treated at the facility (as 

represented by amounts destroyed or 

converted by treatment processes); 


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• Recovered at the facility as a result 

of recycling operations; 

• Combusted for the purpose of 

energy recovery at the facility; and 

• Amounts transferred from the 

facility to off-site locations for the 

purpose of recycling, energy recovery, 

treatment, and/or disposal. 

A facility that meets the appropriate 

reporting thresholds, but estimates that 

the total annual reportable amount of 

the chemical does not exceed 500 

pounds per year, can take advantage of 

an alternative manufacture, process, or 

otherwise use threshold of 1 million 

pounds per year of the chemical, 

provided that certain conditions are 

met, and submit the Form A instead of 

the Form R. In addition, respondents 

may designate the specific chemical 

identity of a substance as a trade secret 

pursuant to EPCRA section 322 (42 

U.S.C. 11042) and 40 CFR part 350. 

OMB has approved the reporting and 

recordkeeping requirements related to 

Forms A and R, supplier notification, 

and petitions under OMB Control No. 

2070–0212 (EPA Information Collection 

Request (ICR) No. 2613.04) and those 

related to trade secret designations 

under OMB Control No. 2050–0078 

(EPA ICR No. 1428.12). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers relevant to EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9 

and displayed on the information 

collection instruments (e.g., forms, 

instructions). 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA, 

5 U.S.C. 601 et seq. The RFA applies 

only to rules subject to notice and 

comment rulemaking requirements 

under the APA, 5 U.S.C. 553, or any 

other statute. As discussed in Unit III., 

this rule is not subject to notice and 

comment requirements because the 

Agency has invoked the APA ‘‘good 

cause’’ exception under 5 U.S.C. 553(b). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any state, local, or tribal governments or 

the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). It will not have substantial direct 

effects on the 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule will not impose 

substantial direct compliance costs on 

Indian Tribal Governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. As such, NTTAA 

section 12(d), 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 and Executive 

Order 14008: Tackling the Climate 

Crisis at Home and Abroad 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629, February 16, 1994) because it 

does not establish an environmental 

health or safety standard. This 

regulatory action makes changes to the 

reporting requirements for PFAS that 

will result in more information being 

collected and provided to the public; it 

does not have any impact on human 

health or the environment. This action 

does not address any human health or 

environmental risks and does not affect 

the level of protection provided to 

human health or the environment. This 

action makes changes to the reporting 

requirements for PFAS which will 

provide information that government 

agencies and others can use to identify 

potential problems, set priorities, and 

help inform activities. 

Likewise, Executive Order 14008 (86 

FR 7619, January 27, 2021) directs 

Federal agencies, as part of a 

Government wide approach to reduce 

climate pollution impacts on minority 

populations and low-income 

populations. However, the EPA believes 

that this type of action does not directly 

concern human health or environmental 

conditions and therefore cannot be 

evaluated with respect to potentially 

disproportionate and adverse effects on 

people of color, low-income populations 

and/or indigenous peoples. This action 

involves additions to reporting 

requirements that will not affect the 

level of protection provided to human 

health or the environment Although this 

action does not concern human health 

or environmental conditions, the 

information collected through TRI 

reporting will serve to inform 

communities living near facilities that 

report to TRI, and there is the potential 

for new information about toxic 

chemical releases and waste 

management practices occurring in 

those communities to become available 

through the TRI reporting data. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and the 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 in 40 CFR Part 372 

Environmental protection, 

Community right-to-know, Reporting 

and recordkeeping requirements, Toxic 

chemicals. 

Dated: July 13, 2022. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, for the reasons stated in the 

preamble, EPA amends 40 CFR part 372 

as follows: 

PART 372—TOXIC CHEMICAL 

RELEASE REPORTING: COMMUNITY 

RIGHT-TO-KNOW 

■ 1. The authority citation for part 372 

continues to read as follows: 


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Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Rules and Regulations 42655 

Authority: 42 U.S.C. 11023 and 11048. 

■ 2. Amend § 372.65 as follows: 

■ a. In paragraph (d), add in 

alphabetical order to the table the 

entries for ‘‘Perfluorobutane sulfonic 

acid’’; ‘‘Perfluorobutanesulfonate’’; 

‘‘Potassium perfluorobutane’’; ‘‘2- 

Propenoic acid, 2-methyl-, 

3,3,4,4,5,5,6,6,7,7,

8,8,9,9,10,10,11,11,12,12,12- 

heneicosafluorododecyl ester, polymer 

with 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- 

heptadecafluorodecyl 2-methyl-2- 

propenoate, methyl 2-methyl-2- 

propenoate, 3,3,4,4,5,5,6,6,7,7,

8,8,9,9,10,10,11,11,12,12,13,13,14,14,14

-pentacosafluorotetradecyl 2-methyl-2- 

propenoate and 3,3,4,4,5,5,6,6,7,7,8,8,8- 

tridecafluorooctyl 2-methyl-2- 

propenoate’’, and ‘‘2-Propenoic acid, 2- 

methyl-, hexadecyl ester, polymers with 

2-hydroxyethyl methacrylate, .gamma.- 

.omega.-perfluoro-C10-6-alkyl acrylate 

and stearyl methacrylate;’’ and 

■ b. In paragraph (e), add in numerical 

order to the table the entries for ‘‘375- 

73-5’’, ‘‘29420-49-3’’, ‘‘45187-15-3’’, 

‘‘65104-45-2’’, and ‘‘203743-03-7.’’ 

The additions read as follows: 

§ 372.65 Chemicals and chemical 

categories to which this part applies. 

* * * * * 

(d) * * * 

TABLE 4 TO PARAGRAPH (d) 

Chemical name CAS No. Effective 

date 

*******

Perfluorobutane sulfonic acid .................................................................................................................................................................... 375-73-5 1/1/22 

Perfluorobutanesulfonate .......................................................................................................................................................................... 45187-15-3 1/1/22 

*******

Potassium perfluorobutane ....................................................................................................................................................................... 29420-49-3 1/1/22 

*******

2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-heneicosafluorododecyl ester, polymer with 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluorodecyl 2-methyl-2-propenoate, methyl 2-methyl-2-propenoate, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14-pentacosafluorotetradecyl 2-methyl-2-propenoate and 

3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-methyl-2-propenoate ....................................................................................................... 65104-45-2 1/1/21 

*******

2-Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, .gamma.-.omega.-perfluoro-C10-6-alkyl 

acrylate and stearyl methacrylate .......................................................................................................................................................... 203743-03-7 1/1/22 

*******

(e) * * * 

TABLE 5 TO PARAGRAPH (e) 

CAS No. Chemical name Effective 

date 

*******

375-73-5 ............ Perfluorobutane sulfonic acid ................................................................................................................................................................ 1/1/22 

*******

29420-49-3 ........ Potassium perfluorobutane ................................................................................................................................................................... 1/1/22 

*******

45187-15-3 ........ Perfluorobutanesulfonate ...................................................................................................................................................................... 1/1/22 

*******

65104-45-2 ........ 2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-heneicosafluorododecyl ester, polymer with 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluorodecyl 2-methyl-2-propenoate, methyl 2-methyl-2-propenoate, 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14-pentacosafluorotetradecyl 2-methyl-2-propenoate and 

3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-methyl-2-propenoate.

1/1/21 

*******

203743-03-7 ...... 2-Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, .gamma.-.omega.-perfluoro-C10-6-alkyl 

acrylate and stearyl methacrylate.

1/1/22 

*******

[FR Doc. 2022–15268 Filed 7–15–22; 8:45 am] 

BILLING CODE 6560–50–P 


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