[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Proposed Rules]
[Pages 2885-2898]
[FR Doc No: 2015-00636]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be

Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     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:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
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:
     Manufacturers (including importers) of one or more of
subject chemical substances (NAICS codes 325 and 324110); e.g.,
chemical manufacturing and petroleum refineries.
     Fiber, yarn, and thread mills (NAICS code 31311).
     Carpet and rug mills (NAICS code 314110).
     Home furnishing merchant wholesalers (NAICS code 423220).
     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.

                Table 1--LCPFAC Chemical Substances Subject to Reporting After December 31, 2015
----------------------------------------------------------------------------------------------------------------
       CAS registry No. (CASRN)           Accession CAS 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.

    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
------------------------------------------------------------------------
      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.

    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

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. CF3(CF2)n-COO-M
where M = H+ or any other group where a formal dissociation
can be made.;
    2. CF3(CF2)n-CH=CH2.
    3. CF3(CF2)n-C(=O)-X where X is
any chemical moiety.
    4. CF3(CF2)m-CH2-X
where X is any chemical moiety.
    5. CF3(CF2)m-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

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

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:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure

of human beings or the environment to a chemical substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorizes EPA to consider any other relevant factors.
    To determine what would constitute a significant new use of the
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:
     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.
     Manufacturing (including importing) or processing of PFOA
or its salts for any use.
     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

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:
     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)).
     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.

    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.

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

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

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) CF3(CF2)n-COO\-\M where M =
H\+\ or any other group where a formal dissociation can be made.
    (ii) CF3(CF2)n-CH=CH2.
    (iii) CF3(CF2)n-C(=O)-X where X is
any chemical moiety.
    (iv) CF3(CF2)m-CH2-X
where X is any chemical moiety.
    (v) CF3(CF2)m-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.

                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

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