[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Proposed Rules]
[Pages 2885-2898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00636]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2013-0225; FRL-9915-63]
RIN 2070-AJ99


Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl 
Sulfonate Chemical Substances; Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is 
proposing to amend a significant new use rule (SNUR) for long-chain 
perfluoroalkyl carboxylate (LCPFAC) chemical substances by designating 
as a significant new use manufacturing (including importing) or 
processing of an identified subset of LCPFAC chemical substances for 
any use that will not be ongoing after December 31, 2015, and all other 
LCPFAC chemicals substances for which there are currently no ongoing 
uses. For this SNUR, EPA is also proposing to make inapplicable the 
exemption for persons who import LCPFAC chemical substances as part of 
articles. In addition, EPA is also proposing to amend a SNUR for 
perfluoroalkyl sulfonate (PFAS) chemical substances that would make 
inapplicable the exemption for persons who import PFAS chemical 
substances as part of carpets. Persons subject to these SNURs would be 
required to notify EPA at least 90 days before commencing such 
manufacture or processing. The required notifications would provide EPA 
with the opportunity to evaluate the intended use and, if necessary, an 
opportunity to protect against potential unreasonable risks from that 
activity before it occurs.

DATES: Comments must be received on or before March 23, 2015.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2013-0225, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be

[[Page 2886]]

Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute.
    <bullet> Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
    <bullet> Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Nicholas Nairn-Birch, Chemical 
Control Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-3668; email 
address: <a href="/cdn-cgi/l/email-protection#4729262e35296a252e35242f69292e242f282b26340722372669202831"><span class="__cf_email__" data-cfemail="4628272f34286b242f34252e68282f252e292a27350623362768212930">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#7420273735593c1b00181d1a11341104155a131b02"><span class="__cf_email__" data-cfemail="10444353513d587f647c797e75507560713e777f66">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import) or process any of the chemical substances covered by 
this proposed SNUR. The North American Industrial Classification System 
(NAICS) codes that are identified in this unit are not intended to be 
exhaustive, but rather provides a guide to help readers determine 
whether this rule applies to them. Potentially affected entities may 
include:
    <bullet> Manufacturers (including importers) of one or more of 
subject chemical substances (NAICS codes 325 and 324110); e.g., 
chemical manufacturing and petroleum refineries.
    <bullet> Fiber, yarn, and thread mills (NAICS code 31311).
    <bullet> Carpet and rug mills (NAICS code 314110).
    <bullet> Home furnishing merchant wholesalers (NAICS code 423220).
    <bullet> Carpet and upholstery cleaning services (NAICS code 
561740).
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Persons 
who import any chemical substance governed by a final SNUR are subject 
to the TSCA section 13 (15 U.S.C. 2612) import certification 
requirements and the corresponding regulations at 19 CFR 12.118 through 
12.127; see also 19 CFR 127.28. Those persons must certify that the 
shipment of the chemical substance complies with all applicable rules 
and orders under TSCA, including any SNUR requirements. The EPA policy 
in support of import certification appears at 40 CFR part 707, subpart 
B. In addition, any persons who export or intend to export a chemical 
substance that is the subject of this proposed rule on or after 
February 20, 2015 are subject to the export notification provisions of 
TSCA section 12(b) (15 U.S.C. 2611(b)), (see 40 CFR 721.20), and must 
comply with the export notification requirements in 40 CFR part 707, 
subpart D.
    To determine whether you or your business may be affected by this 
action, you should carefully examine the applicability provisions in 40 
CFR 721.5 and 40 CFR 721.9582. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including those listed in TSCA section 5(a)(2). Once 
EPA determines that a use of a chemical substance is a significant new 
use, TSCA section 5(a)(1)(B) requires persons to submit a significant 
new use notice (SNUN) to EPA at least 90 days before they manufacture 
or process the chemical substance for that use (15 U.S.C. 
2604(a)(1)(B)). As described in Unit V., the general SNUR provisions 
are found at 40 CFR part 721, subpart A.

C. What action is the Agency taking?

    EPA is proposing to amend a SNUR at 40 CFR 721.10536 for LCPFAC 
chemical substances by designating manufacturing (including importing) 
or processing of LCPFAC chemical substances listed in Table 1 of this 
unit for any use that is no longer ongoing after December 31, 2015, as 
a significant new use; designating manufacturing (including importing) 
or processing of PFOA or its salts for any use as a significant new 
use; and designating manufacturing (including importing) or processing 
of all other LCPFAC chemical substances for any use not ongoing as of 
the date on which this proposed rule is published as a significant new 
use. For this SNUR, EPA is also proposing to make the exemption at 40 
CFR 721.45(f) inapplicable for persons who import LCPFAC chemical 
substances listed in Table 1 of this unit and PFOA or its salts as part 
of articles because exposure would increase if in the future LCPFAC 
chemical substances, including PFOA, are incorporated in articles and 
then imported. EPA is also proposing to amend a SNUR at 40 CFR 721.9582 
for PFAS chemical substances to make the exemption at 40 CFR 721.45(f) 
inapplicable for persons who import of PFAS chemical substances as part 
of carpets. This action is consistent with the purpose of the ``Long-
Chain Perfluorinated Chemicals Action Plan'' (2009 Action Plan) 
published on December 30, 2009 (Ref. 1). EPA is continuing to assess 
these chemical substances to determine what other actions would be 
warranted. Before promulgating a final SNUR with respect to uses of 
LCPFAC chemical substances listed in Table 1 of this unit that are now 
ongoing, but are expected to be phased out by December 31, 2015, EPA 
will verify through comments on this action, or by other means, that 
the proposed significant new uses have indeed ceased. Similarly, before 
promulgating a final SNUR on LCPFAC chemical substances other than 
those listed in Table 1 of this unit, EPA will determine based on 
comments on this action and other means what if any uses are ongoing in 
making significant new use determinations in the final rule. Persons 
would be required to notify EPA at least 90 days before commencing 
manufacture or processing of LCPFAC chemical substances for the 
designated significant new uses. This proposed SNUR is intended to 
follow and codify an existing voluntary industry commitment to phase 
out LCPFAC chemical substances by the end of 2015 (Ref. 2). The 
objectives and rationale for this proposed SNUR are explained in more 
detail in Unit III.

[[Page 2887]]



                Table 1--LCPFAC Chemical Substances Subject to Reporting After December 31, 2015
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       CAS registry No. (CASRN)           Accession CAS No.                       Chemical name
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507-63-1.............................  No Accession Number....  Octane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-
                                                                 heptadecafluoro-8-iodo-.
678-39-7.............................  No Accession Number....  1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-
                                                                 heptadecafluoro-.
865-86-1.............................  No Accession Number....  1-Dodecanol,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,1
                                                                 2-heneicosafluoro-.
2043-53-0............................  No Accession Number....  Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-
                                                                 heptadecafluoro-10-iodo-.
2043-54-1............................  No Accession Number....  Dodecane,
                                                                 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10-
                                                                 heneicosafluoro-12-iodo-.
17741-60-5...........................  No Accession Number....  2-Propenoic acid,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,
                                                                 12,12,12-heneicosafluorododecyl ester.
27905-45-9...........................  No Accession Number....  2-Propenoic acid,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-
                                                                 heptadecafluorodecyl ester.
30046-31-2...........................  No Accession Number....  Tetradecane,
                                                                 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,
                                                                 11,12,12-pentacosafluoro-14-iodo-.
39239-77-5...........................  No Accession Number....  1-Tetradecanol,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,1
                                                                 3,13,14,14,14-pentacosafluoro-.
60699-51-6...........................  No Accession Number....  1-Hexadecanol,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,1
                                                                 3,13,14,14,15,15,16,16,16-nonacosafluoro-.
65510-55-6...........................  No Accession Number....  Hexadecane,
                                                                 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,
                                                                 11,12,12,13,13,14,14-nonacosafluoro-16-iodo-.
68187-47-3...........................  No Accession Number....  1-Propanesulfonic acid, 2-methyl-, 2-[[1-oxo-3-
                                                                 [(.gamma.-.omega.-perfluoro- C4-16-
                                                                 alkyl)thio]propyl]amino] derivs., sodium salts.
68391-08-2...........................  No Accession Number....  Alcohols, C8-14, .gamma.-.omega.-perfluoro.
70969-47-0...........................  No Accession Number....  Thiols, C8-20, .gamma.-.omega.-perfluoro,
                                                                 telomers with acrylamide.
125476-71-3..........................  No Accession Number....  Silicic acid (H4SiO4), sodium salt (1:2),
                                                                 reaction products with chlorotrimethylsilane
                                                                 and 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-
                                                                 heptadecafluoro-1-decanol.
1078712-88-5.........................  No Accession Number....  Thiols, C4-20, .gamma.-.omega.-perfluoro,
                                                                 telomers with acrylamide and acrylic acid,
                                                                 sodium salts.
1078715-61-3.........................  No Accession Number....  1-Propanaminium, 3-amino-N-(carboxymethyl)-N,N-
                                                                 dimethyl-, N-[2-[(.gamma.-.omega.-perfluoro-C4-
                                                                 20-a lkyl)thio]acetyl] derivs., inner salts.
CBI..................................  71217..................  Polyfluoroalkyl betaine.
CBI..................................  89419..................  Modified fluoroalkyl urethane.
CBI..................................  274147.................  Perfluorinated polyamine.
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CBI = Confidential Business Information. CAS or CASRN = Chemical Abstracts Service Registry Number.

    In this proposed rule, the term LCPFAC refers to the long-chain 
category of perfluorinated carboxylate chemical substances with 
perfluorinated carbon chain lengths equal to or greater than seven 
carbons and less than or equal to 20 carbons. The category of LCPFAC 
chemical substances also includes the salts and precursors of these 
perfluorinated carboxylates. See Unit II.A. for the specific definition 
of the LCPFAC category.
    PFOA and its salts are subject to this proposed rule. PFOA and 
examples of PFOA salts with Chemical Abstract Service Registry Numbers 
(CASRN) and chemical names are shown in Table 2 of this unit. PFOA and 
its salts are considered LCPFAC chemical substances. EPA believes all 
uses of PFOA and its salts were phased out by December 31, 2013.

                 Table 2--PFOA and Examples of Its Salts
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      CAS registry No. (CASRN)                   Chemical name
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335-66-0............................  Octanoyl fluoride, pentadecafluoro-
                                       .
335-67-1............................  Octanoic acid, pentadecafluoro-
                                       (PFOA).
335-93-3............................  Octanoic acid, pentadecafluoro-,
                                       silver salt.
335-95-5............................  Octanoic acid, pentadecafluoro-,
                                       sodium salt.
2395-00-8...........................  Octanoic acid, pentadecafluoro-,
                                       potassium salt.
3825-26-1...........................  Octanoic acid, pentadecafluoro-,
                                       ammonium salt (APFO).
------------------------------------------------------------------------
CAS or CASRN = Chemical Abstracts Service Registry Number.

    The PFAS chemical substances for which EPA is modifying an existing 
SNUR are currently listed in 40 CFR 721.9582(a)(1). All of these 
chemical substances are collectively referred to in this rule as 
perfluoroalkyl sulfonates, or PFAS chemical substances. In this 
proposal, the term PFAS refers to a category of perfluorinated 
sulfonate chemical substances of any chain length.
    EPA will not designate ongoing uses as significant new uses when 
the final rule is promulgated, except for uses that will be phased out 
by the end of 2015. Persons who manufacture (including importers) or 
process any of the chemical substances included in the proposed SNUR 
for an ongoing use at the time this proposed rule is published would be 
free to continue without submitting a SNUN. Note, however, that uses 
not already ongoing as of the publication date of this proposed rule, 
and ongoing uses that will be phased out by the end of 2015, would not 
be considered ongoing uses if they later arise, even if they are in 
existence upon the issuance of a final rule. Furthermore, uses that are 
ongoing as of the publication date of this proposed rule would not be 
considered ongoing uses if they have ceased by the date of issuance of 
a final rule (see Units IV. and VI. for further discussion of what 
constitutes an ongoing use). Persons who intend to begin or resume 
commercial manufacture or processing of the chemical substance(s) for a 
significant new use would have to comply with all applicable SNUN 
requirements.
    The LCPFAC chemical substances identified in Table 1 of this unit 
are known to have current or recent ongoing uses on the basis of their 
inclusion in reports submitted to the Agency under the 2012 Chemical 
Data Reporting (CDR) rule. EPA particularly requests comment on whether 
any of the current uses of any of the specific chemical substances 
identified in Table 1 of this unit will continue to be ongoing after 
December 31, 2015. EPA also requests comment on whether there are 
currently any ongoing uses, including use as part of articles, of any 
of the remaining LCPFAC chemical substances that were not identified 
during the 2012 CDR. Furthermore, EPA requests comment on whether there 
are any ongoing uses of PFOA or its salts, and whether PFAS chemical 
substances

[[Page 2888]]

are currently imported as part of carpets. EPA would welcome specific 
documentation of any such ongoing use.

D. Why is the Agency taking this action?

    These SNURs are necessary to ensure that EPA receives timely 
advance notice of any future manufacturing (including importing) and 
processing of these LCPFAC chemical substances for new uses that may 
produce changes in human and environmental exposures. The rationale and 
objectives for this SNUR are explained in Unit III.

E. What are the estimated incremental impacts of this action?

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers (including 
importers) and processors of the chemical substances included in this 
proposed rule. The economic analysis, which is available in the docket, 
is discussed in Unit IX., and is briefly summarized here.
    In the event that a SNUN is submitted, costs are estimated to be 
less than $8,589 per SNUN submission for large business submitters and 
$6,189 for small business submitters. These estimates include the cost 
to prepare and submit the SNUN and the payment of a user fee. In 
addition, for persons exporting a chemical substance that is the 
subject of a SNUR, a one-time notice must be provided for the first 
export or intended export to a particular country, which is estimated 
to cost less than $100 on average per notification. The proposed rule 
may also affect firms that plan to import articles that contain LCFPAC 
chemical substances, because, while not required by the SNUR, these 
parties may take additional steps to determine whether LCPFAC chemical 
substances are part of the articles that they are considering to 
import. In the accompanying Economic Analysis for this proposed SNUR, 
example steps (and their respective costs) that an importer might take 
to identify LCPFAC chemicals in articles are provided. These can 
include gathering information through agreements with suppliers, 
declarations through databases or surveys, or use of a third party 
certification system. Additionally, importers may require suppliers to 
provide certificates of testing analysis of the products or perform 
their own laboratory testing of certain articles. EPA is unable to 
predict, however, what, if any, particular steps an importer might 
take; potential total costs were not estimated.

II. Chemical Substances Subject to This Proposed Rule

A. What LCPFAC chemical substances are subject to this proposed SNUR?

    LCPFAC chemical substances are synthetic chemicals that do not 
occur naturally in the environment. The LCPFAC chemical substances 
identified in this unit, where 5 < n < 21 or 6 < m < 21:
    1. CF<INF>3</INF>(CF<INF>2</INF>)<INF>n</INF>-COO<SUP>-</SUP>M 
where M = H<SUP>+</SUP> or any other group where a formal dissociation 
can be made.;
    2. CF<INF>3</INF>(CF<INF>2</INF>)<INF>n</INF>-CH=CH<INF>2.</INF>
    3. CF<INF>3</INF>(CF<INF>2</INF>)<INF>n</INF>-C(=O)-X where X is 
any chemical moiety.
    4. CF<INF>3</INF>(CF<INF>2</INF>)<INF>m</INF>-CH<INF>2</INF>-X 
where X is any chemical moiety.
    5. CF<INF>3</INF>(CF<INF>2</INF>)<INF>m</INF>-Y-X where Y = non-S, 
non-N heteroatom and where X is any chemical moiety.
    This category definition of LCPFAC chemical substances, based on 
the chemical structures in this unit, refers to a group of chemical 
substances containing PFOA and its higher homologues. The category also 
includes the salts and precursors of these chemical substances. The 
precursors may be simple derivatives of PFOA and higher homologues or 
polymers that contain or may degrade to PFOA or higher homologues. 
These precursors include long-chain fluorotelomers. LCPFAC chemical 
substances with greater than 20 perfluorinated carbons can be 
considered polymers within the polymer exemption under 40 CFR 723.250 
because they exceed a molecular weight of 1,000 daltons and contain at 
least 3 monomer units. As it is not EPA's intent to regulate 
fluoropolymers in this proposed rule, the LCPFAC category in this 
proposed rule includes a perfluorinated carbon chain length upper limit 
of 20.
    In this proposed rule, PFOA and its salts includes the chemical 
substances listed in Table 2 of Unit II. PFOA and its salts are 
considered LCPFAC chemical substances.
    Under this proposed rule, any LCPFAC chemical substance identified 
by 40 CFR 721.10536(b)(1)(i) through (b)(1)(v) that is intentionally 
used during fluoropolymer formulation, such as an emulsion stabilizer 
in aqueous dispersions, would be subject to reporting for the 
significant new uses described in 40 CFR 721.10536(b)(4)(i) through 
(b)(4)(iv). For example, ammonium perfluorooctanoate (APFO)--when used 
as an aqueous dispersion agent in fluoropolymer production--is subject 
to this SNUR if the final fluoropolymer product is used for a 
significant new use described in 40 CFR 721.10536(b)(4)(i) through 
(b)(4)(iv).

B. What PFAS chemical substances are subject to this proposed SNUR?

    PFAS refers to a category of perfluorinated sulfonate chemical 
substances of any chain length. The PFAS chemical substances for which 
EPA is proposing to modify an existing SNUR are currently listed in 40 
CFR 721.9582(a)(1).

C. What are the uses and production levels of LCPFAC chemical 
substances?

    PFOA, a member of the LCPFAC category, is a synthetic (man-made) 
chemical that does not occur naturally in the environment. PFOA is 
manufactured for use primarily as an aqueous dispersion agent as the 
ammonium salt in the manufacture of fluoropolymers. PFOA can also be 
produced unintentionally by the degradation of some fluorotelomers, 
which are not manufactured using PFOA but could degrade to PFOA. 
DuPont, which was the last company to manufacture (including import) 
PFOA and its salts in the United States, ceased all production 
(including import) of PFOA and its salts in 2013 (Ref. 3).
    Fluoropolymers provide nonstick surfaces for cookware and other 
products, are used as molded automotive parts, and have many other 
applications. Polytetrafluoroethylene (PTFE) is the dominant 
fluoropolymer, accounting for 58% (by weight) of world fluoropolymer 
consumption in 2012 (Ref. 4). The United States accounted for 20% of 
the world consumption of PTFE in 2012 and 40% of the world consumption 
of other fluoropolymers.
    Fluorotelomers, oligomers of tetrafluoroethylene, are relatively 
small functionalized molecules used to make polymers and surfactants. 
World-wide production of fluorotelomer-based polymers (FTBP) was 
estimated at 20 million pounds in 2006. Fluorotelomer monomers and FTBP 
are included in the LCPFAC category definition as potential LCPFAC 
precursors (Ref. 5). The United States accounts for more than 50% of 
world-wide fluorotelomer/FTPB production. Textiles and apparel account 
for approximately 50% of the volume used (Ref. 1).
    In January 2006, EPA launched the 2010/2015 PFOA Stewardship 
Program (PFOA Stewardship Program) in partnership with eight companies: 
DuPont, Solvay Solexis, Asahi Glass Company, Daikin America, Inc., 
Clariant International Ltd., 3M/Dyneon, Arkema Inc., and BASF (formerly 
Ciba Specialty Chemicals Corporation) (Ref. 2). These companies 
represent a majority of global

[[Page 2889]]

manufacture of LCPFAC chemical substances (Ref. 6). The program set a 
goal of reducing facility emissions and product content of LCPFAC 
chemical substances on a global basis by 95%, no later than 2010, and 
to eliminate emissions and product content of these chemical substances 
by 2015. With the exception of one manufacturer who has not 
participated in the PFOA Stewardship Program, these companies accounted 
for the total volume of LCPFAC chemical substances reported on the 2012 
CDR (see Table 2 of Unit I.). Since these chemical substances are 
proprietary chemicals, they are not expected to be manufactured by any 
other company. The eight participating companies have informed EPA that 
they are on track to phase out LCPFAC chemical substances by the end of 
2015 (Ref. 7).
    Based on the 2012 CDR, there was one additional manufacturer of 
certain LCPFAC chemical substances who has not participated in the PFOA 
Stewardship Program. This company manufactures a small volume of LCPFAC 
chemical substances, compared to the volume of LCPFAC chemical 
substances manufactured by PFOA Stewardship Program companies, and 
those chemicals are primarily used in firefighting foams. This company 
has expressed an interest in participating in the phase out goal of the 
PFOA Stewardship Program and has already submitted premanufacture 
notices (PMNs) for chemical substitutes of their current LCPFAC 
chemical substances. Other than the PFOA Stewardship Program companies 
and this one company, there were no other companies that reported 
manufacture (including import) of LCPFAC chemical substances in the 
2012 CDR. Any domestic companies still manufacturing LCPFAC chemical 
substances are most likely obtaining the feedstocks for that 
manufacturing process from companies participating in the PFOA 
Stewardship Program. For these companies to continue manufacturing 
LCPFAC chemical substances, they would need the feedstock and finished 
LCPFAC chemical substances currently supplied by companies 
participating in the PFOA Stewardship Program. As the PFOA Stewardship 
Program member companies phase out their manufacture of those 
substances and customer demand continues to shift from LCPFAC chemical 
substances to alternatives, EPA believes that the manufacture of LCPFAC 
chemical substances by companies not participating in the PFOA 
Stewardship Programs are likely to cease by December 31, 2015. EPA 
would like to receive comments addressing the extent to which companies 
manufacturing specific LCPFAC chemical substances for particular uses 
are utilizing existing sources that are not dependent on the PFOA 
Stewardship Program member companies and that are expected to continue 
after December 31, 2015. Because specific uses of those specific 
chemical substances would be considered ongoing, they would be outside 
the scope of the significant new use when finalized.

D. What are the uses and production levels of PFAS chemical substances?

    The Agency previously determined that the 271 PFAS chemical 
substances identified in 40 CFR 721.9582(a)(1) were no longer being 
manufactured for any use in the United States, other than for the uses 
listed under 40 CFR 721.9582(a)(3), (a)(4), and (a)(5) (Refs. 8 and 9). 
PFAS chemical substances included in 40 CFR 721.9582 were previously 
used in a variety of products, which can be divided into three main use 
categories: Surface treatments, paper protection, and performance 
chemicals. In the past, PFAS chemical substances in the performance 
chemicals category were used in a wide variety of specialized 
industrial, commercial, and consumer applications. Specific 
applications included firefighting foams, mining and oil well 
surfactants, acid mist suppressants for metal plating and electronic 
etching baths, alkaline cleaners, floor polishes, inks, photographic 
film, denture cleaners, shampoos, chemical intermediates, coating 
additives, carpet spot cleaners, and as an insecticide in bait stations 
for ants (Ref. 10). In some instances, PFAS chemical substances are no 
longer used for the uses listed in 40 CFR 721.9582(a)(3), (a)(4), and 
(a)(5) as a result of new substitutes developed and production and 
processing changes implemented by companies to eliminate the need for 
use of PFAS chemical substances. In addition, since those chemicals are 
no longer manufactured (including imported) other than for the listed 
uses, EPA believes that those chemical substances are also no longer 
processed other than for those listed uses.

E. What are the potential health and environmental effects of LCPFAC 
chemical substances?

    The following brief summary of chemistry, environmental fate, 
exposure pathways, and health and environmental effects of LCPFAC 
chemical substances is based on the 2009 Action Plan (Ref. 1), 
references cited in the 2009 Action Plan, and additional selected 
references published after the 2009 Action Plan.
    PFOA is persistent, widely present in humans and the environment, 
has long half-lives in humans, and can cause adverse effects in 
laboratory animals, including cancer and developmental and systemic 
toxicity (Refs. 11, 12, 13, 14, and 15). PFOA precursors, chemicals 
which degrade or may degrade to PFOA, are also present worldwide in 
humans and the environment and, in some cases, might be present at 
higher concentrations than PFOA and be more toxic (Refs. 16, 17, 18, 
19, and 20). PFOA higher homologues are chemicals with carbon chain 
lengths longer than PFOA. Available evidence suggests that toxicity and 
bioaccumulation appear to be higher for chemical substances with longer 
carbon chain lengths compared to those with shorter chain lengths 
(Refs. 21, 22, 23, and 24).
    LCPFAC chemical substances have been detected in biota, air, water, 
dust, and soil samples collected throughout the world. Some LCPFAC 
chemical substances have the potential for long-range transport. They 
are transported over long distances by a combination of dissolved-phase 
ocean and gas-phase atmospheric transport; however, determining which 
is the predominant transport pathway is complicated by many factors, 
including the uncertainty over water to atmosphere partitioning. 
Furthermore, there is evidence that transport and subsequent oxidation 
of volatile alcohol LCPFAC chemical substance precursors contribute to 
the levels of LCPFAC chemical substances in the environment.
    For a more detailed summary of background information (e.g., 
chemistry, environmental fate, exposure pathways, and health and 
environmental effects), as well as references pertaining to LCPFAC 
chemical substances, please refer to Unit IV. of EPA's initial proposed 
SNUR on LCPFAC chemical substances published in the Federal Register of 
August 15, 2012 (Ref. 10).

F. What are the potential health and environmental effects of PFAS 
chemical substances?

    PFAS chemical substances degrade ultimately to 
perfluoroalkylsulfonic acid (PFASA), which can exist in the anionic 
form under environmental conditions. Further degradation of PFASA is 
not observed under normal environmental conditions. PFASA is highly 
persistent in the environment and has a tendency to bioaccumulate (Ref. 
25). PFASA can continue to be formed by any PFAS

[[Page 2890]]

containing chemical substances introduced into the environment.
    Studies have found PFAS chemical substances containing 5 to 14 
carbons (C5-C14) in the blood of the general human population as well 
as in wildlife, indicating that exposure to these chemical substances 
is widespread (Refs. 1, 4, 26, 27, 28, and 29). The widespread presence 
of PFAS chemical substances in human blood samples nationwide suggests 
other pathways of exposure, possibly including the release of PFAS from 
treated articles.
    Biological sampling has shown the presence of certain 
perfluoroalkyl compounds in fish and in fish-eating birds across the 
United States and in locations in Canada, Sweden, and the South Pacific 
(Refs. 26 and 27). The wide distribution of the chemical substances in 
high trophic levels is strongly suggestive of the potential for 
bioaccumulation and/or bioconcentration.
    Based on currently available information, EPA believes that while 
all PFAS chemical substances are expected to persist, the length of the 
perfluorinated chain may also have an effect on bioaccumulation and 
toxicity, which are also characteristics of concern for these chemical 
substances. PFAS chemical substances with longer carbon chain lengths 
may be of greater concern than those with shorter chain lengths (Refs. 
4, 21, and 22).
    The hazard assessment published by the Organization for Economic 
Cooperation and Development (Ref. 10) concluded that perfluorooctyl 
sulfonates (PFOS) are persistent, bioaccumulative and toxic to 
mammalian species. While most studies to date have focused primarily on 
PFOS, structure-activity relationship analysis indicates that the 
results of those studies are applicable to the entire category of PFAS 
chemical substances, which includes PFOS. Available test data have 
raised concerns about their potential developmental, reproductive, and 
systemic toxicity (Refs. 1, 16, 26, and 27).
    For a more detailed summary of background information (e.g., 
chemistry, environmental fate, exposure pathways, and health and 
environmental effects), as well as references pertaining to PFAS 
chemical substances, please refer to EPA's proposed SNURs on PFAS 
chemical substances published in the Federal Register of October 18, 
2000 (Ref. 30), March 11, 2002, and March 10, 2006 (Refs. 26 and 31). 
Also, refer to the 2009 Action Plan (Ref. 1).

III. Rationale and Objectives

A. Rationale

    EPA is concerned about the effects LCPFAC and PFAS chemical 
substances may have on human health and the environment. As discussed 
in Unit II., LCPFAC and PFAS chemical substances are found world-wide 
in the environment, wildlife, and humans. They are bioaccumulative in 
wildlife and humans, and are persistent in the environment. They are 
toxic to laboratory animals, producing reproductive, developmental, and 
systemic effects in laboratory tests. The exact sources and pathways by 
which these chemicals move into and through the environment and allow 
humans and wildlife to become exposed are not fully understood, but are 
likely to include releases from manufacturing of the chemicals, 
processing of these chemicals into products, and aging, wear, and 
disposal of products containing them.
    Since the manufacture and processing of LCPFAC chemical substances 
listed in Table 1 of Unit I. will be discontinued after December 31, 
2015, as committed by the principal manufacturers of LCPFAC chemical 
substances participating in the PFOA Stewardship Program, EPA expects 
the presence of LCPFAC chemical substances in humans and the 
environment to decline over time as has been observed in the past when 
production and use of other persistent chemicals has ceased (Ref. 32). 
Similarly, EPA expects other LCPFAC chemicals substances to decline as 
well since the manufacture and processing of those has ceased, as 
observed by the absence of reporting in the CDR 2012 reporting period. 
In addition, EPA expects the presence of PFAS chemical substances to 
decline in humans and the environment since PFAS is no longer imported 
as part of carpets. EPA is concerned that the manufacturing or 
processing of these chemical substances for the proposed significant 
new uses could be reinitiated in the future. If reinitiated, EPA 
believes that such use would significantly increase the magnitude and 
duration of exposure to humans and the environment to these chemical 
substances.
    Accordingly, EPA wants the opportunity to evaluate and control, 
where appropriate, activities associated with those uses, if such 
manufacturing (including importing) or processing were to start or 
resume. The required notification provided by a SNUN would provide EPA 
with the opportunity to evaluate activities associated with a 
significant new use and an opportunity to protect against unreasonable 
risks, if any, from exposure to LCPFAC chemical substances.
    Consistent with EPA's past practice for issuing SNURs under TSCA 
section 5(a)(2), EPA's decision to propose a SNUR for a particular 
chemical use need not be based on an extensive evaluation of the 
hazard, exposure, or potential risk associated with that use. Rather, 
the Agency's action is based on EPA's determination that if the use 
begins or resumes, it may present a risk that EPA should evaluate under 
TSCA before the manufacturing or processing for that use begins. Since 
the new use does not currently exist, deferring a detailed 
consideration of potential risks or hazards related to that use is an 
effective use of resources. If a person decides to begin manufacturing 
or processing the chemical for the use, the notice to EPA allows EPA to 
evaluate the use according to the specific parameters and circumstances 
surrounding that intended use.

B. Objectives

    Based on the considerations in Unit III.A., EPA wants to achieve 
the following objectives with regard to the significant new use(s) that 
are designated in this proposed rule:
    1. EPA would receive notice of any person's intent to manufacture 
or process LCPFAC chemical substances, PFOA or its salts, or PFAS 
chemical substances for the described significant new use before that 
activity begins.
    2. EPA would have an opportunity to review and evaluate data 
submitted in a SNUN before the notice submitter begins manufacturing or 
processing these chemical substances for the described significant new 
use.
    3. EPA would be able to regulate prospective manufacturers or 
processors of these chemical substances before the described 
significant new use of the chemical substance occurs, provided that 
regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use 
of a chemical substance is a significant new use must be made after 
consideration of all relevant factors including:
    <bullet> The projected volume of manufacturing and processing of a 
chemical substance.
    <bullet> The extent to which a use changes the type or form of 
exposure of human beings or the environment to a chemical substance.
    <bullet> The extent to which a use increases the magnitude and 
duration of exposure

[[Page 2891]]

of human beings or the environment to a chemical substance.
    <bullet> The reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of a 
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorizes EPA to consider any other relevant factors.
    To determine what would constitute a significant new use of the 
LCPFAC and PFAS chemical substances subject to this proposed rule, as 
discussed in this unit. EPA considered relevant information about the 
toxicity of these substances, trends in blood levels, likely human 
exposures and environmental releases associated with possible uses, and 
the four factors listed in TSCA section 5(a)(2).
    As discussed in Unit III.A., once the manufacture (including 
import) and processing of LCPFAC chemical substances for these uses 
discontinue in the United States, exposure will decrease over time. EPA 
expects their presence in humans and the environment to concomitantly 
decline over time. If any of the new use of LCPFAC chemical substances 
were to begin after phasing out, EPA believes that such use could both 
change the type and form and increase the magnitude and duration of 
human and environmental exposure to the substances, constituting a 
significant new use. Based on consideration of the statutory factors 
discussed herein, EPA has preliminary determined the following uses as 
significant new uses:
    <bullet> Manufacturing (including importing) or processing of 
LCPFAC chemical substances listed in Table 1 of Unit I. for any uses 
that are no longer ongoing after December 31, 2015.
    <bullet> Manufacturing (including importing) or processing of PFOA 
or its salts for any use.
    <bullet> Manufacturing (including importing) or processing of all 
other LCPFAC chemical substances for any use not ongoing as of the date 
on which this proposed rule is published.
    EPA's Office of Research and Development has conducted research 
demonstrating that perfluorinated chemicals contained in articles of 
commerce can be released from those articles. For instance, one study 
observed the removal of perfluorinated chemicals from treated carpet as 
a result of carpet cleaning and showed that perfluorinated chemicals 
contained in treated carpet could be released to the environment (Ref. 
33). A second study indicated that perfluorinated chemicals could be 
released from treated medical garments with water alone (Ref. 34). 
LCPFAC chemical substances may be similarly released from related 
articles. EPA believes that once manufacturing of LCPFAC chemical 
substances have been phased out, there will be fewer articles 
containing the chemicals substances in the public domain over time and 
thus, exposure through articles will decrease over time. EPA believes 
any new use of LCPFAC chemical substances as part of articles would 
increase the duration and magnitude of human and environmental exposure 
to the substances. Based on these considerations, EPA has preliminarily 
determined that importing LCPFAC chemical substances listed in Table 1 
of Unit I. and PFOA or its salts as part of articles both constitutes a 
significant new use and warrants making the exemption at 40 CFR 
721.45(f) inapplicable to importers of articles. However, import of 
fluoropolymer dispersions and emulsions, and fluoropolymers as part of 
articles, containing PFOA or its salts was not determined to be a 
significant new use because this use is currently ongoing and EPA is 
not making inapplicable any of the standard exemptions at 40 CFR 721.45 
for PFOA.
    In a previous rule EPA designated all uses of the PFAS chemicals 
identified in 40 CFR 721.9582 as significant new uses, except the 
ongoing uses specified in 40 CFR 721.9582 (a)(3) through (a)(5), the 
Agency believes the manufacture (including import) and processing of 
any of the PFAS chemical substances subject to this rule has been 
discontinued, including the importing of these chemical substances as 
part of carpets. Based on EPA's Office of Research and Development's 
research and the considerations in the preceding paragraphs (see, e.g., 
Ref. 30), EPA believes that if the import of carpets containing these 
chemical substances were to resume, people and the environment could be 
exposed to these chemical substances in articles. The existing 
regulation at 40 CFR 721.9582 broadly defined the significant use in a 
way that encompassed import of these chemical substances as part of 
carpets, but for clarity EPA is proposing to expressly list import as 
part of carpets as a significant new use for the chemicals covered by 
40 CFR 721.9582, and in light of the referenced considerations, EPA is 
now proposing to make inapplicable the exemption at 40 CFR 721.45 to 
importers of these chemical substances as part of articles.
    As noted in Unit V., EPA is proposing that the exemption at 40 CFR 
721.45(f) remain in effect for persons who process chemical substances 
as part of articles because existing stocks of articles may still 
contain LCPFAC or PFAS chemical substances.
    Table 3 of this unit is a summary of the dates relevant to EPA's 
preliminary determinations.

     Table 3--Significant New Uses for LCPFAC Chemical Substances, PFOA and Its Salts, Other LCPFAC Chemical
                                    Substances, and PFAS Chemical Substances
----------------------------------------------------------------------------------------------------------------
                                       LCPFAC in Table 1 of   PFOA and its
               New use                        Unit I.             salts     Other LCPFAC           PFAS
----------------------------------------------------------------------------------------------------------------
Manufacture or processing for any     After 12/31/2015......    1/21/2015     1/21/2015   In effect (see 40 CFR
 use.                                                                                      721.9582).
----------------------------------------------------------------------------------------------------------------
LCPFAC = Long-chain perfluoroalkyl carboxylate. PFAS = Perfluoroalkyl sulfonate. PFOA = Perfluorooctanoic acid.

V. Importers and Processors of These Chemical Substances as Part of 
Articles

    Once the determination of a significant new use under TSCA section 
5(a)(2) has been made, EPA may separately determine whether it would be 
appropriate to make the regulatory exemption for some or all persons 
who import or process a chemical substance as part of an article (40 
CFR 721.45(f)) inapplicable to a SNUR. In this case, EPA believes that 
the assumption underpinning this exemption, that people and the 
environment will generally not be exposed to chemical substances as 
part of articles, does not hold true. See Unit IV. for a discussion of 
why EPA believes this assumption is incorrect. Thus EPA is proposing to 
make this exemption inapplicable to importers of the PFAS chemicals 
identified in 40 CFR 721.9582 as part of carpets and importers of the 
chemical substances listed in Table 1 and Table 2 of Unit I.C. as part 
of an article for the corresponding significant new uses. EPA is 
requesting comment on the

[[Page 2892]]

potential for exposure to these chemical substances via these articles 
and for comments on the ongoing uses of these chemical substances as 
part of an article. EPA is not proposing to make this exemption 
inapplicable to processors of these chemical substances as part of an 
article. EPA previously determined in a prior rulemaking and is not 
reopening its determination to make this exemption inapplicable to 
importers of the LCPFAC chemical substances identified in 40 CFR 
721.10536(b)(1) as part of carpets.

VI. Applicability of General Provisions

    General provisions for SNURs appear under 40 CFR part 721, subpart 
A. These provisions describe persons subject to the rule, recordkeeping 
requirements, exemptions to reporting requirements, and applicability 
of the rule to uses occurring before the effective date of the final 
rule. However, EPA is proposing that the exemption at 40 CFR 721.45(f) 
not apply to persons who import LCPFAC chemicals substances listed in 
Table 1 of Unit I., PFOA or its salts (See Table 2 of Unit I. for 
examples of PFOA salts), and PFAS chemicals substances listed in 40 CFR 
721.9582. As a result, persons subject to the provisions of this 
proposed rule would not be exempt from significant new use reporting if 
they import those LCPFAC chemical substances or PFOA or its salts as 
part of articles or if they import PFAS chemical substances as part of 
carpets. However, EPA is also proposing that the exemption at 40 CFR 
721.45(f) remain in effect for persons who process chemical substances 
as part of an article because existing stocks of articles may still 
contain LCPFAC or PFAS chemical substances. Provisions relating to user 
fees appear at 40 CFR part 700. According to 40 CFR 721.1(c), persons 
subject to SNURs must comply with the same notice requirements and EPA 
regulatory procedures as submitters of PMNs under TSCA section 
5(a)(1)(A). In particular, these requirements include the information 
submissions requirements of TSCA section 5(b) and 5(d)(1), the 
exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and 
(h)(5), and the regulations at 40 CFR part 720. Once EPA receives a 
SNUN, EPA may take regulatory action under TSCA section 5(e), 5(f), 6, 
or 7 to control the activities on which it has received the SNUN. If 
EPA does not take action, EPA is required under TSCA section 5(g) to 
explain in the Federal Register its reasons for not taking action.
    Persons who export or intend to export a chemical substance 
identified in the proposed or final SNUR are subject to the export 
notification provisions of TSCA section 12(b). The regulations that 
interpret TSCA section 12(b) appear at 40 CFR part 707, subpart D. In 
accordance with 40 CFR 707.60(b), this proposed SNUR does not trigger 
notice of export for articles. Persons who import a chemical substance 
identified in a final SNUR are subject to the TSCA section 13 import 
certification requirements, codified at 19 CFR 12.118 through 12.127; 
see also 19 CFR 127.28. Such persons must certify that the shipment of 
the chemical substance complies with all applicable rules and orders 
under TSCA, including any SNUR requirements. The TSCA section 13 import 
certification requirement applies to articles containing a chemical 
substance or mixture if so required by the Administrator by a specific 
rule under TSCA. At this time EPA is not proposing to require import 
certification for these chemical substances as part of articles. The 
EPA policy in support of import certification appears at 40 CFR part 
707, subpart B.

VII. Applicability of Rule to Uses Occurring Before Effective Date of 
the Final Rule

    As discussed in the Federal Register of April 24, 1990 (55 FR 
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is 
best served by designating a use as a significant new use as of the 
date of publication of the proposed rule rather than as of the 
effective date of the final rule. If uses begun after publication of 
the proposed rule were considered ongoing rather than new, it would be 
difficult for EPA to establish SNUR notice requirements, because a 
person could defeat the SNUR by initiating the proposed significant new 
use before the document became final, and then argue that the use was 
ongoing as of the effective date of the final rule. Thus, persons who 
begin commercial manufacture or processing of the chemical substance(s) 
that would be regulated through this proposed rule, if finalized, would 
have to cease any such activity before the effective date of the rule 
if and when finalized. To resume their activities, these persons would 
have to comply with all applicable SNUR notice requirements and wait 
until the notice review period, including all extensions, expires. Uses 
arising after the publication of the proposed rule are distinguished 
from uses that exist at publication of the proposed rule. The former 
would be new uses, the latter ongoing uses, except that uses that are 
ongoing as of the publication of the proposed rule would not be 
considered ongoing uses if they have ceased by the date of issuance of 
a final rule (as EPA expects for the LCPFAC chemical substances listed 
in Table 1 of Unit I. and PFOA or its salts). To the extent that 
additional ongoing uses are found in the course of rulemaking, EPA 
would exclude those specific chemical substances for those specific 
uses from the final SNUR. EPA has promulgated provisions to allow 
persons to comply with the final SNUR before the effective date. If a 
person were to meet the conditions of advance compliance under 40 CFR 
721.45(h), that person would be considered to have met the requirements 
of the final SNUR for those activities.

VIII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not usually require 
developing any particular test data before submission of a SNUN. There 
are two exceptions:
    <bullet> 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)).
    <bullet> Development of test data may be necessary where the 
chemical substance has been listed under TSCA section 5(b)(4) (see TSCA 
section 5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section 
5(b)(4) listing covering the chemical substance, persons are required 
only to submit test data in their possession or control and to describe 
any other data known to or reasonably ascertainable by them (15 U.S.C. 
2604(d); 40 CFR 721.25; and 40 CFR 720.50). However, as a general 
matter, EPA recommends that SNUN submitters include data that would 
permit a reasoned evaluation of risks posed by the chemical substance 
during its manufacture, processing, use, distribution in commerce, or 
disposal. EPA encourages persons to consult with the Agency before 
submitting a SNUN. As part of this optional pre-notice consultation, 
EPA would discuss specific data it believes may be useful in evaluating 
a significant new use. SNUNs submitted for significant new uses without 
any test data may increase the likelihood that EPA will take action 
under TSCA section 5(e) to prohibit or limit activities associated with 
this chemical.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs that provide detailed information on:
    1. Human exposure and environmental releases that may result from 
the significant new uses of the chemical substance.
    2. Potential benefits of the chemical substance.

[[Page 2893]]

    3. Information on risks posed by the chemical substances compared 
to risks posed by potential substitutes.

IX. SNUN Submissions

    EPA recommends that submitters consult with the Agency prior to 
submitting a SNUN to discuss what data may be useful in evaluating a 
significant new use. Discussions with the Agency prior to submission 
can afford ample time to conduct any tests that might be helpful in 
evaluating risks posed by the substance. According to 40 CFR 721.1(c), 
persons submitting a SNUN must comply with the same notice requirements 
and EPA regulatory procedures as persons submitting a PMN, including 
submission of test data on health and environmental effects as 
described in 40 CFR 720.50. SNUNs must be submitted on EPA Form No. 
7710-25, generated using e-PMN software, and submitted to the Agency in 
accordance with the procedures set forth in 40 CFR 721.25 and 40 CFR 
720.40. e-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.

X. Economic Analysis

A. SNUNs

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers and processors of 
the chemical substance included in this proposed rule (Ref. 35). In the 
event that a SNUN is submitted, costs are estimated at approximately 
$8,589 per SNUN submission for large business submitters and $6,189 for 
small business submitters. These estimates include the cost to prepare 
and submit the SNUN, and the payment of a user fee. Businesses that 
submit a SNUN would be subject to either a $2,500 user fee required by 
40 CFR 700.45(b)(2)(iii), or, if they are a small business with annual 
sales of less than $40 million when combined with those of the parent 
company (if any), a reduced user fee of $100 (40 CFR 700.45(b)(1)). The 
costs of submission of SNUNs will not be incurred by any company unless 
a company decides to pursue a significant new use as defined in this 
proposed SNUR.
    The proposed SNUR would require notification to EPA before the 
importation of articles containing LCPFAC chemical substances listed in 
Table 1 of Unit I. or PFOA and its salts. While not required by the 
proposed SNUR, companies importing articles containing these chemical 
substances may take additional steps to determine whether these 
chemical substances are part of the articles they are considering to 
import. Companies typically have an understanding of the contents of 
the articles they import or process; however, there may be instances 
when companies decide to gather additional information about these 
articles from suppliers if not currently available. EPA believes that 
the costs associated with such information gathering activities would 
be minimal for this proposed SNUR because these chemical substances are 
unlikely to be available for use in articles after December 31, 2015. 
EPA's complete economic analysis is available in the public docket for 
this proposed rule (Ref. 35).

B. Export Notification

    Under TSCA section 12(b) and the implementing regulations at 40 CFR 
part 707, subpart D, exporters must notify EPA if they export or intend 
to export a chemical substance or mixture for which, among other 
things, a rule has been proposed or promulgated under TSCA section 5. 
For persons exporting a chemical substance that is the subject of a 
SNUR, a one-time notice must be provided for the first export or 
intended export to a particular country. The total costs of export 
notification will vary by chemical, depending on the number of required 
notifications (i.e., the number of countries to which the chemical 
substance is exported). While EPA is unable to make any estimate of the 
likely number of export notifications for the chemical substance 
covered in this proposed rule SNUR, as stated in the accompanying EA of 
this proposed SNUR, the estimated cost of the export notification 
requirement on a per unit basis is $81.04.

C. Import Chemical Substances as Part of an Article

    In proposing to make inapplicable the exemption relating to persons 
that import certain chemical substances as part of an article, this 
action may affect firms that plan to import types of articles that may 
contain the subject chemical substance. Some firms have an 
understanding of the contents of the articles they import. However, EPA 
acknowledges that importers of articles may have varying levels of 
knowledge about the chemical content of the articles that they import. 
These parties may need to become familiar with the requirements of the 
proposed rule. And, while not required by the SNUR, these parties may 
take additional steps to determine whether the subject chemical 
substances are part of the articles that they are considering to 
import. This determination may involve activities such as gathering 
information from suppliers along the supply chain, and/or testing 
samples of the article itself. Costs vary across the activities chosen 
and the extent of familiarity a firm has regarding the articles it 
imports. Cost ranges are presented in the Agency's Economic Analysis 
for this proposed rule (Ref. 35). Based on available information, EPA 
believes that article importers that choose to investigate their 
products would incur costs at the lower end of the ranges presented in 
the Economic Analysis. For those companies choosing to undertake 
actions to assess the composition of the articles they import, EPA 
expects that importers would take actions that are commensurate with 
the company's perceived likelihood that a chemical substance might be a 
part of an article, and the resources it has available. Example 
activities and their costs are provided in the accompanying Economic 
Analysis of this proposed rule (Ref. 32).

XI. Alternatives

    Before proposing this SNUR, EPA considered the following 
alternative regulatory actions:

A. Promulgate a TSCA Section 8(a) Reporting Rule

    Under a TSCA section 8(a) rule, EPA could, among other things, 
generally require persons to report information to the Agency when they 
intend to manufacture or process a listed chemical for a specific use 
or any use. However, for LCPFAC and PFAS chemical substances, the use 
of TSCA section 8(a) rather than SNUR authority would have several 
limitations. First, if EPA were to require reporting under TSCA section 
8(a) instead of TSCA section 5(a), EPA would not have the opportunity 
to review human and environmental hazards and exposures associated with 
the proposed significant new use and, if necessary, take immediate 
follow-up regulatory action under TSCA section 5(e) or 5(f) to prohibit 
or limit the activity before it begins. In addition, EPA may not 
receive important information from small businesses, because such firms 
generally are exempt from TSCA section 8(a) reporting requirements. In 
view of the level of health and environmental concerns about LCPFAC and 
PFAS chemical substances if used for the proposed significant new use, 
EPA believes that a TSCA section 8(a) rule for this chemical substance 
would not meet EPA's regulatory objectives.

[[Page 2894]]

B. Regulate LCPFAC Chemical Substances Under TSCA Section 6

    EPA may regulate under TSCA section 6 if ``the Administrator finds 
that there is a reasonable basis to conclude that the manufacture, 
processing, distribution in commerce, use or disposal of a chemical 
substance or mixture . . . presents or will present an unreasonable 
risk of injury to health or the environment.'' (TSCA section 6(a)). 
Given that these chemical substances are believed to be phasing out, 
EPA concluded that risk management action under TSCA section 6 is not 
necessary at this time. However, if EPA determines that there are 
persons who intend to manufacture or process these chemicals, EPA may 
decide to regulate LCPFAC chemical substances under TSCA section 6. 
This proposed SNUR would allow the Agency to address the potential 
risks associated with the proposed significant new use.

XII. Request for Comment

A. Do you have comments or information about ongoing uses?

    EPA welcomes comments on any aspect of this proposed SNUR. EPA 
particularly requests comment on whether any of the current uses of any 
of the specific LCPFAC chemical substances identified in Table 1 of 
Unit I. will continue to be ongoing after December 31, 2015, or whether 
there are any ongoing uses of those identified in Table 2 of Unit I. 
EPA also requests comment on whether there are currently any ongoing 
uses, including use as part of articles, of any of the remaining LCPFAC 
chemical substances that were not identified in the 2012 CDR. EPA would 
welcome specific documentation of any such ongoing use.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. It is EPA's policy to include all comments 
received in the public docket without change or further notice to the 
commenter and to make the comments available online at http://www.regulations.gov, including any personal information provided, 
unless a comment includes information claimed to be CBI or other 
information whose disclosure is restricted by statute. Do not submit 
this information to EPA through regulations.gov or email. Clearly mark 
the part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD-ROM that you mail to EPA, mark the outside 
of the disk or CD-ROM as CBI and then identify electronically within 
the disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2, subpart B.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

XIII. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are in the docket, even if the 
referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. EPA. Long-Chain Perfluorinated Chemicals Action Plan. December 
30, 2009.
2. EPA. 2010/2015 PFOA Stewardship Program. 2006. http://www.epa.gov/oppt/pfoa/pubs/stewardship/index.html.
3. Rizzuto, Pat. DuPont Ceases PFOA Manufacture, Is on Track to Stop 
All Uses By End of 2014. Bloomberg BNA Daily Environmental Report. 
December 5, 2013.
4. 3M Company. Perfluorooctane Sulfonate: Current Summary of Human 
Sera, Health and Toxicology Data. St. Paul, Minnesota. January 21, 
1999.
5. Washington, J.W., et al. Degradability of an Acrylate-Linked 
Fluorotelomer Polymer in Soil. Environmental Science and Technology. 
43: 6617-6623. 2009.
6. EPA. PFOA Stewardship Program Baseline Year Summary Report. 2007. 
http://epa.gov/oppt/pfoa/pubs/stewardship/sumrpt.html#background.
7. EPA. Industry Progressing in Voluntary Effort to Reduce Toxic 
Chemicals. February 10, 2012.
8. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule. Final 
Rule. Federal Register (67 FR 72854, December 9, 2002) (FRL-7279-1).
9. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule. Final 
Rule. Federal Register (72 FR 57222, October 9, 2007) (FRL-8150-4).
10. EPA. Perfluoroalkyl Sulfonates and Long-Chain Perfluoroalkyl 
Carboxylate Chemical Substances; Proposed Significant New Use Rule; 
Proposed Rule. Federal Register (77 FR 48924, August 15, 2012) (FRL-
9358-7).
11. Butt, C.M., et al. Levels and Trends of Poly- and Perfluorinated 
Compounds in the Arctic Environment. Science Total Environment. 408: 
2936-2965. 2010.
12. Houde M., et al. Biological Monitoring of Polyfluoroalkyl 
Substances: A Review. Environmental Science and Technology. 40: 
3463-3473. 2006.
13. Calafat A.M., et al. Polyfluoroalkyl Chemicals in the U.S. 
Population: Data From the National Health and Nutrition Examination 
Survey (NHANES) 2003-2004 and Comparisons with NHANES 1999-2000. 
Environmental Health Perspective. 115(11), 1596-1602. 2007.
14. Lau C., et al. Effects of Perfluoroctanoic Acid Exposure During 
Pregnancy in the Mouse. Toxicology Science. 90(2): 510-518. 2006.
15. Lau C., et al. Perfluoroalkyl Acids: A Review of Monitoring and 
Toxicological Findings. Toxicological Sciences. 99(2): 366-394. 
2007.
16. Ahrens L., et al. Polyfluoroalkyl Compounds in the Aquatic 
Environment: A Review of Their Occurrence and Fate. Journal of 
Environmental Monitoring. 13: 20-31. 2011.
17. Sturm R., et al. Trends of Polyfluoroalkyl Compounds in Marine 
Biota and in Humans. Environmental Chemistry. 7: 457-484. 2010.
18. Lau, C. Perfluorinated Compounds. Molecular, Clinical and 
Environmental Toxicology Experientia Supplementum. Volume 101, pp. 
47-86. 2012.
19. Yoo, H., et al. Concentrations, Distribution and Persistence of 
Fluorotelomer Alcohols in Sludge-applied Soils Near Decatur, 
Alabama, USA. Environmental Science & Technology. 44: 8397-8402. 
2010.
20. Washington, J.W., et al. Concentrations, Distribution and 
Persistence of Perfluoroalkylates in Sludge-applied Soils Near 
Decatur, Alabama, USA. Environmental Science and Technology. 44: 
8390-8396. 2010.
21. Kudo, N., et.al. Comparison of the Elimination Between 
Perfluorinated Fatty Acids with Different Carbon Chain

[[Page 2895]]

Lengths in Rats. Chemico-Biological Interactions. Volume 134(2), pp. 
203-216. 2001.
22. Goecke-Flora, C.M., et al. Influence of Carbon Chain Length on 
the Hepatic Effects of Perfluorinated Fatty Acids, A\19\ F- and 
\31\P-NMR Investigation. Chemical Research in Toxicology. 9(4), pp. 
689-695. 1996.
23. Lasier, P.J., et al. Perfluorinated Chemicals in Surface Waters 
and Sediments from Northwest Georgia, USA, and Their Bioaccumulation 
in Lumbriculus Variegates. Environmental Toxicology andChemistry. 
30: 2194-2201. 2011.
24. 3M Company. Fluorochemical Use, Distribution, and Release 
Overview. St. Paul, Minnesota. May 26, 1999.
25. Lua, C. Perfluorinated Compounds. Molecular, Clinical and 
Environmental Toxicology Experientia Supplementum. Volume 101, pp. 
47-86. 2012.
26. EPA. Perfluoroalkyl Sulfonates; Proposed Significant New Use 
Rule; Proposed Rule. Federal Register (67 FR 11014, March 11, 2002) 
(FRL-6823-7).
27. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule; Final 
Rule. Federal Register (67 FR 11008, March 11, 2002) (FRL-6823-6).
28. 3M Company. The Science of Organic Fluorochemistry. St. Paul, 
Minnesota. February 5, 1999.
29. Centers for Disease Control and Prevention. Fourth National 
Report on Human Exposure to Environmental Chemicals. Updated Tables. 
March 2013.
30. EPA. Perfluoroalkyl Sulfonates; Significant New Use Rule; 
Proposed Rule. Federal Register (65 FR 62319, October 18, 2000) 
(FRL-6745-5).
31. EPA. Perfluoroalkyl Sulfonates; Proposed Significant New Use 
Rule; Proposed Rule. Federal Register (71 FR 12311, March 10, 2006) 
(FRL-7740-6).
32. Kato, K. et al. Trends in Exposure to Polyfluoroalkyl Chemicals 
in the U.S. Population: 1999-2008. Environmental Science and 
Technology. 45: 8037-8045. 2011.
33. Hubbard, H. et al. Removal of Perfluorocarboxylic Acids (PFCAs) 
from Carpets Treated with Stain-Protection Products by Using Carpet 
Cleaning Machines. EPA, Report EPA/600-12/703. 2012.
34. Liu, X. et al. Trends of Perfluoroalkyl Acid Content in Articles 
of Commerce. EPA, Report EPA/600/R-12/585. 2012.
35. EPA. Economic Analysis of the Significant New use Rule for Long-
Chain Perfluoroalkyl Carboxylate Chemical Substances. August 20, 
2013.
36. EPA. Modification of Significant New Use Rules for Certain 
Substances; Final Rule. Federal Register (62 FR 42690, August 8, 
1997) (FRL-5735-4).

XIV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed SNUR has been designated by the Office of Management 
and Budget (OMB) as a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 (58 FR 51735, October 4, 1993). 
Accordingly, EPA submitted this proposed action to OMB for review under 
Executive Order 12866 and 13563 (76 FR 3821, January 21, 2011), and any 
changes made in response to OMB recommendations are documented in the 
docket.

B. Paperwork Reduction Act (PRA)

    This action would not impose any new information collection burden 
under PRA, 44 U.S.C. 3501 et seq. Burden is defined in 5 CFR 1320.3(b). 
The information collection activities associated with existing chemical 
SNURs are already approved by OMB under OMB control number 2070-0038 
(EPA ICR No. 1188); and the information collection activities 
associated with export notifications are already approved by OMB under 
OMB control number 2070-0030 (EPA ICR No. 0795). If an entity were to 
submit a SNUN to the Agency, the annual burden is estimated to be less 
than 100 hours per response, and the estimated burden for an export 
notifications is less than 1.5 hours per notification. In both cases, 
burden is estimated to be reduced for submitters who have already 
registered to use the electronic submission system. Additional burden, 
estimated to be less than 10 hours, could be incurred where additional 
recordkeeping requirements are specified under 40 CFR 721.125(a), (b), 
and (c).
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information that requires OMB approval 
under PRA, unless it has been approved by OMB and displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register, are 
listed in 40 CFR part 9, and included on the related collection 
instrument, or form, if applicable.

C. Regulatory Flexibility Act (RFA)

    Pursuant to RFA section 605(b), 5 U.S.C. 601 et seq., I hereby 
certify that promulgation of this proposed SNUR would not have a 
significant economic impact on a substantial number of small entities. 
The rationale supporting this conclusion is as follows.
    EPA generally finds that proposed and final SNURs are not expected 
to have a significant economic impact on a substantial number of small 
entities (See, e.g., Ref. 36). Since these proposed SNURs would require 
a person who intends to engage in such activity in the future to first 
notify EPA by submitting a SNUN, no economic impact would occur unless 
someone files a SNUN to pursue a significant new use in the future or 
forgoes profits by avoiding or delaying the significant new use. 
Although some small entities may decide to engage in such activities in 
the future, EPA cannot presently determine how many, if any, there may 
be. However, EPA's experience to date is that, in response to the 
promulgation of SNURs covering over 1,000 chemical substances, the 
Agency receives only a handful of notices per year. During the six year 
period from 2005-2011, only three submitters self-identified as small 
in their SNUN submission (Ref. 35). EPA believes the cost of submitting 
a SNUN is relatively small compared to the cost of developing and 
marketing a chemical new to a firm and that the requirement to submit a 
SNUN generally does not have a significant economic impact.
    A SNUR applies to any person (including small or large entities) 
who intends to engage in any activity described in the rule as a 
``significant new use.'' EPA has preliminarily determined, based in 
part, on the Agency's market research, that these chemical substances 
are not being manufactured (including imported) or processed for a 
significant new use. This preliminary determination also includes 
importation of these chemical substances as part of articles for the 
significant new use (Unit IV.).
    In addition, given existing regulatory limitations both 
internationally and within the U.S., industry-wide processes, resources 
that support companies in understanding and managing their supply 
chains, and the evidence showing minimal worldwide availability of the 
LCPFACs regulated under the SNUR, EPA believes that there will be 
minimal impact to importers of these chemical substances as part of 
articles from this proposed SNUR. Therefore, based on current 
knowledge, EPA has preliminarily determined that these uses, including 
the importation of these chemical substances as part of articles, are 
not ongoing, and that no small entities presently manufacture for the 
significant new uses addressed in this proposed rule. EPA will consider

[[Page 2896]]

information received during the comment period that might indicate that 
this preliminary determination is incorrect. The SNUR does not require 
importers of articles to conduct specific activities to ascertain if 
they are importing an article that uses a chemical subject to the 
proposed rule. EPA expects importers would take actions that are 
commensurate with their perceived likelihood of a chemical substance 
subject to the SNUR being part of an article, and the resources it has 
available. EPA has no reason to believe that a firm would voluntarily 
incur substantial costs to comply with the SNUR, but rather each firm 
will choose the most efficient route to identify whether it is 
importing the subject chemical substances in articles.
    Therefore, EPA believes that the potential economic impact of 
complying with this proposed SNUR is not expected to be significant or 
adversely impact a substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs, 
State, local, and Tribal governments have not been impacted by these 
rulemakings, and EPA does not have any reason to believe that any 
State, local, or Tribal government would be impacted by this proposed 
rulemaking. As such, the requirements of UMRA sections 202, 203, 204, 
or 205, 2 U.S.C. 1531-1538, do not apply to this proposed action.

E. Executive Order 13132: Federalism

    This action would not have a substantial direct effect on States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed rule does not have Tribal implications because it is 
not expected to have any effect (i.e., there would be no increase or 
decrease in authority or jurisdiction) on Tribal governments, on the 
relationship between the Federal Government and the Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian Tribes. Thus, Executive Order 13175 (65 FR 67249, 
November 9, 2000) does not apply to this proposed rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This proposed action is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because this proposed action is not intended to 
address environmental health or safety risks for children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001), because this action is not expected to affect 
energy supply, distribution, or use.

I. National Technology Transfer Advancement Act (NTTAA)

    Since this proposed action does not involve any technical 
standards, section 12(d) of the NTTAA, 15 U.S.C. 272 note, does not 
apply to this proposed action.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This proposed action does not entail special considerations of 
environmental justice related issues as delineated by Executive Order 
12898 (59 FR 7629, February 16, 1994), because EPA has determined that 
this proposed action would not have disproportionately high and adverse 
human health or environmental effects on minority or low-income 
populations. This proposed action would not affect the level of 
protection provided to human health or the environment.

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: December 18, 2014.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
2. In Sec.  721.9582:
0
a. Redesignate paragraph (a) as (b).
0
b. Add new paragraph (a).
0
c. Revise newly designated paragraph (b)(2)(iv).
0
d. Add paragraph (c).
    The amendments read as follows:


Sec.  721.9582  Certain perfluoroalkyl sulfonates.

    (a) Definitions. The definitions in Sec.  721.3 apply to this 
section. In addition, the following definition applies:
    Carpet means a finished fabric or similar product intended to be 
used as a floor covering. This definition excludes resilient floor 
coverings such as linoleum and vinyl tile.
    (b) * * *
    (2) * * *
    (iv) Import as part of carpets.
* * * * *
    (c) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (c).
    (1) Revocation of certain notification exemptions. With respect to 
imports of carpets, the provisions of Sec.  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 Sec.  721.45(f), 
respecting processing a chemical substance as part of an article, 
remains applicable.
    (2) [Reserved]
0
3. Revise Sec.  721.10536 to read as follows:


Sec.  721.10536  Long-chain perfluoroalkyl carboxylate chemical 
substances.

    (a) Definitions. The definitions in Sec.  721.3 apply to this 
section. In addition, the following definition applies:
    Carpet means a finished fabric or similar product intended to be 
used as a floor covering. This definition excludes resilient floor 
coverings such as linoleum and vinyl tile.
    (b) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances identified below, where 5 < n < 
21 or 6 < m < 21, are subject to reporting under this section for the 
significant new uses described in paragraph (b)(4)(i) and (b)(4)(iv) of 
this section.
    (i) CF<INF>3</INF>(CF<INF>2</INF>)<INF>n</INF>-COO\-\M where M = 
H\+\ or any other group where a formal dissociation can be made.
    (ii) CF<INF>3</INF>(CF<INF>2</INF>)<INF>n</INF>-CH=CH<INF>2.</INF>
    (iii) CF<INF>3</INF>(CF<INF>2</INF>)<INF>n</INF>-C(=O)-X where X is 
any chemical moiety.
    (iv) CF<INF>3</INF>(CF<INF>2</INF>)<INF>m</INF>-CH<INF>2</INF>-X 
where X is any chemical moiety.
    (v) CF<INF>3</INF>(CF<INF>2</INF>)<INF>m</INF>-Y-X where Y = non-S, 
non-N heteroatom and where X is any chemical moiety.
    (2) The chemical substances listed in Table 1 of this paragraph are 
subject to reporting under this section for the significant new uses 
described in paragraph (b)(4)(ii) of this section.

[[Page 2897]]



                Table 1--LCPFAC Chemical Substances Subject to Reporting After December 31, 2015
----------------------------------------------------------------------------------------------------------------
       CAS registry no. (CASRN)             Accession no.                         Chemical name
----------------------------------------------------------------------------------------------------------------
507-63-1.............................  No Accession Number....  Octane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-
                                                                 heptadecafluoro-8-iodo-
678-39-7.............................  No Accession Number....  1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-
                                                                 heptadecafluoro-
865-86-1.............................  No Accession Number....  1-Dodecanol,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,1
                                                                 2-heneicosafluoro-
2043-53-0............................  No Accession Number....  Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-
                                                                 heptadecafluoro-10-iodo-
2043-54-1............................  No Accession Number....  Dodecane,
                                                                 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10 ,10-
                                                                 heneicosafluoro-12-iodo-
17741-60-5...........................  No Accession Number....  2-Propenoic acid,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,
                                                                 12,12,12-heneicosafluorododecyl ester
27905-45-9...........................  No Accession Number....  2-Propenoic acid,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-
                                                                 heptadecafluorodecyl ester
30046-31-2...........................  No Accession Number....  Tetradecane,
                                                                 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,
                                                                 11,12,12-pentacosafluoro-14-iodo-
39239-77-5...........................  No Accession Number....  1-Tetradecanol,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,1
                                                                 3,13,14,14,14-pentacosafluoro-
60699-51-6...........................  No Accession Number....  1-Hexadecanol,
                                                                 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,1
                                                                 3,13,14,14,15,15,16,16,16-nonacosafluoro-
65510-55-6...........................  No Accession Number....  Hexadecane,
                                                                 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,
                                                                 11,12,12,13,13,14,14-nonacosafluoro-16-iodo-
68187-47-3...........................  No Accession Number....  1-Propanesulfonic acid, 2-methyl-, 2-[[1-oxo-3-
                                                                 [(.gamma.-.omega.-perfluoro- C4-16-
                                                                 alkyl)thio]propyl]amino] derivs., sodium salts
68391-08-2...........................  No Accession Number....  Alcohols, C8-14, .gamma.-.omega.-perfluoro
70969-47-0...........................  No Accession Number....  Thiols, C8-20, .gamma.-.omega.-perfluoro,
                                                                 telomers with acrylamide
125476-71-3..........................  No Accession Number....  Silicic acid (H4SiO4), sodium salt (1:2),
                                                                 reaction products with chlorotrimethylsilane
                                                                 and 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-
                                                                 heptadecafluoro-1-decanol
1078712-88-5.........................  No Accession Number....  Thiols, C4-20, .gamma.-.omega.-perfluoro,
                                                                 telomers with acrylamide and acrylic acid,
                                                                 sodium salts
1078715-61-3.........................  No Accession Number....  1-Propanaminium, 3-amino-N-(carboxymethyl)-N,N-
                                                                 dimethyl-, N-[2-[(.gamma.-.omega.-perfluoro-C4-
                                                                 20-a lkyl)thio]acetyl] derivs., inner salts
CBI..................................  71217..................  Polyfluoroalkyl betaine
CBI..................................  89419..................  Modified fluoroalkyl urethane
CBI..................................  274147.................  Perfluorinated polyamine
----------------------------------------------------------------------------------------------------------------
CBI = Confidential Business Information. CAS or CASRN = Chemical Abstracts Service Registry Number.

    (3) The chemical substances identified as perfluorooctanoic acid 
(PFOA) and its salts, including those listed in Table 2 of this 
paragraph, are subject to reporting under this section for the 
significant new uses described in paragraph (b)(4)(iii) of this 
section.

                 Table 2--PFOA and Examples of Its Salts
------------------------------------------------------------------------
   CAS registry no. (CASRN)                  Chemical name
------------------------------------------------------------------------
335-66-0.....................  Octanoyl fluoride, pentadecafluoro-
335-67-1.....................  Octanoic acid, pentadecafluoro- (PFOA)
335-93-3.....................  Octanoic acid, pentadecafluoro-, silver
                                salt
335-95-5.....................  Octanoic acid, pentadecafluoro-, sodium
                                salt
2395-00-8....................  Octanoic acid, pentadecafluoro-,
                                potassium salt
3825-26-1....................  Octanoic acid, pentadecafluoro-, ammonium
                                salt (APFO)
------------------------------------------------------------------------
CAS or CASRN = Chemical Abstracts Service Registry Number.

    (4) Significant new uses. (i) The significant new use for chemical 
substances identified in paragraph (b)(1) of this section are: 
Manufacture (including import) or processing for use as part of carpets 
or to treat carpets (e.g., for use in the carpet aftercare market).
    (ii) The significant new use for chemical substances identified in 
paragraph (b)(2) of this section are: Manufacture (including import) or 
processing for any use after December 31, 2015.
    (iii) The significant new use for chemical substances identified in 
paragraph (b)(3) of this section are: Manufacture (including import) or 
processing for any use. Import of fluoropolymer dispersions and 
emulsions, and fluoropolymers as part of articles, containing chemical 
substances identified in paragraph (b)(3) of this section shall not be 
considered as a significant new use subject to reporting.
    (iv) The significant new use for chemical substances identified in 
paragraph (b)(1) of this section, except for those chemicals identified 
in Table 1 of paragraph (b)(2) of this section are: Manufacture 
(including import) or processing for any use other than that use 
already covered by paragraph (b)(4)(i) of this section.
    (c) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (c).
    (1) Revocation of certain notification exemptions. With respect to 
imports of carpets, the provisions of Sec.  721.45(f) do not apply to 
this section. With respect to imports of articles, the provisions of 
Sec.  721.45(f) also do not apply to a chemical substance identified in 
paragraphs (b)(2) or (b)(3) of this section. A person who imports a 
chemical substance identified in paragraph (b)(1) of this section as 
part of a carpet or who imports a chemical substance identified in 
paragraphs (b)(2) or (b)(3) of this section as part of an article is 
not exempt from submitting a significant new use notice. The other

[[Page 2898]]

provision of Sec.  721.45(f), respecting processing a chemical 
substance as part of an article, remains applicable.
    (2) [Reserved]

[FR Doc. 2015-00636 Filed 1-20-15; 8:45 am]
BILLING CODE 6560-50-P


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