Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule, 12311-12324 [E6-3444]

Download as PDF Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules this action, no further activity is contemplated. If EPA receives significant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives significant adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. Dated: February 28, 2006. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. 06–2316 Filed 3–9–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA–HQ–OPPT–2005–0015; FRL–7740–6] RIN 2070–AJ18 Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule Environmental Protection Agency (EPA). ACTION: Proposed rule. dsatterwhite on PROD1PC61 with PROPOSALS AGENCY: SUMMARY: EPA is proposing to amend a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) to include certain perfluoroalkyl sulfonates (PFAS) substances. EPA is proposing to amend the PFAS SNUR at 40 CFR 721.9582 by adding a new Table 3 containing the remaining PFAS chemicals on the TSCA Inventory that are not already regulated by the SNUR. This proposed rule would require manufacturers, including importers, to notify EPA at least 90 days before commencing the manufacture or import of the PFAS chemicals listed in Table 3 of the regulatory text proposed herein for the significant new uses described in this document on or after April 10, 2006. EPA believes that this action is necessary because these chemical substances may be hazardous to human health and the environment. The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 necessary, to prohibit or limit those uses or activities. DATES: Comments must be received on or before April 10, 2006. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2005–0015, by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: oppt.ncic@epa.gov. • 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: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number EPA–HQ–OPPT–2005–0015. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number EPA–HQ–OPPT– 2005–0015. EPA’s policy is that all comments received will be included in the public docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 12311 of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through regulations.gov or in hard copy at the OPPT Docket, EPA Docket Center (EPA/ DC), EPA West, Rm. B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. FOR FURTHER INFORMATION CONTACT: For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 554–1404; e-mail address: TSCA-Hotline@epa.gov. For technical information contact: Amy Breedlove, 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– 9823; e-mail address: breedlove.amy@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you manufacture (defined by statute to include import) any of the chemical substances that are listed in Table 3 in § 721.9582(a)(1) of the proposed regulatory text. Persons who intend to 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 to the regulations codified at 19 CFR 12.118 through 12.127 and 127.28. Those persons must certify that they are in compliance with the 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 E:\FR\FM\10MRP1.SGM 10MRP1 12312 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules that is the subject of this proposed rule on or after April 10, 2006 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. Potentially affected entities may include, but are not limited to: • Manufacturers (defined by statute to include importers) of one or more of the subject chemical substances (NAICS 325 and 324110), e.g., chemical manufacturing and petroleum refineries. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 CFR 721.5 and 40 CFR 721.9582 as proposed herein. Also consult Unit II. 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. dsatterwhite on PROD1PC61 with PROPOSALS B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. 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. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the document by docket 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 VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 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 the estimate. vi. Provide specific examples to illustrate your concerns and suggested 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. II. Background A. What Action is the Agency Taking? On October 18, 2000, EPA published in the Federal Register a proposed SNUR (65 FR 62319) (FRL–6745–5) (Ref. 1) to regulate the chemicals referred to as perfluorooctyl sulfonates (PFOS). The structure and definition of those chemicals affected by the proposed SNUR were described on page 62325, Unit IV.A. of that proposed rule. The corresponding final rule was published in the Federal Register on March 11, 2002 (67 FR 11008) (FRL–6823–6), for 13 perfluoroalkyl sulfonates (PFAS) chemicals (Ref. 2). In response to comments, EPA agreed to use the generic term perfluoroalkyl sulfonates (PFAS) to encompass more generally this category of perfluorinated compounds, which includes those with eight carbons (C8) as well as those with higher and lower amounts of carbon. The Agency also agreed to use the term PFOS to represent only those chemical substances that are predominantly C8. A supplemental proposed SNUR for 75 other similar PFAS chemicals was published in the Federal Register on March 11, 2002 (67 FR 11014) (FRL– 6823–7) (Ref. 3). EPA promulgated a final rule for these 75 PFAS chemicals on December 9, 2002 (67 FR 72854) (FRL–7279–1) (Ref. 4). As used in this proposal, the term PFAS refers to a general category of perfluorinated sulfonate compounds and includes compounds of carbon chain lengths greater than four. The term PFOS refers to a subcategory of PFAS compounds that have an eight-carbon chain length. EPA believed that those actions were necessary because data showed that certain alkyl chain lengths of the PFAS chemicals are toxic to human health, bioaccumulate, and are persistent in the environment. The December 9, 2002 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 final rule designated manufacture and import for any use of the specific PFAS chemicals listed in Tables 1 and 2 of 40 CFR 721.9582 as significant new uses with the following four exceptions for chemical substances in Table 2: • Use as an anti-erosion additive in fire-resistant phosphate ester aviation hydraulic fluids. • Use as a component of a photoresist substance, including a photo acid generator or surfactant, or as a component of an anti-reflective coating, used in a photomicrolithography process to produce semiconductors or similar components of electronic or other miniaturized devices. • Use in coatings for surface tension, static discharge, and adhesion control for analog and digital imaging films, papers, and printing plates, or as a surfactant in mixtures used to process imaging films. • Use as an intermediate only to produce other chemical substances to be used solely for the uses listed in exceptions 1 through 3. EPA is proposing to add 183 PFAS chemicals to the SNUR at 40 CFR 721.9582. The 183 chemicals are listed in Table 3 which appears in the proposed regulatory text. EPA believes that this action is warranted given the similarity of these chemicals to those currently included in 40 CFR 721.9582 and the strong likelihood of similar health and environmental concerns, as discussed in Unit III.A. Specifically, the Agency is proposing to designate as a ‘‘significant new use’’ the manufacture, including import, for any use of the chemical substances listed in Table 3 of the proposed regulatory text; however, the Agency is also proposing to make the excepted uses described in 40 CFR 721.9582(a)(3) applicable to the chemicals listed in Table 3 of the proposed regulatory text. The listed chemical substances in Table 3 are on the TSCA Inventory and have carbon chains greater than, or equal to, C5 with the PFAS chemical structure. This action also includes those chemicals with ranges of carbon chains shorter than C5 but that extend beyond C5, for example, C4–C12. EPA specifically solicits comment on whether there is any ongoing manufacture or import of the chemicals subject to this proposed rule as well as information on any uses of such chemicals. This proposed rule would require persons to notify EPA at least 90 days before commencing the manufacture (including import) of the chemical substances identified in Table 3 of the proposed regulatory text for the following significant new uses: E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules dsatterwhite on PROD1PC61 with PROPOSALS • The manufacture, including import, for any use of any of the chemicals listed in Table 3 of the proposed regulatory text. • However, the manufacture or import of any chemical listed in Table 3 of the proposed regulatory text for one or more of the following specific uses shall not be considered as a significant new use subject to reporting: 1. Use as an anti-erosion additive in fire-resistant phosphate ester aviation hydraulic fluids. 2. Use as a component of a photoresist substance, including a photo acid generator or surfactant, or as a component of an anti-reflective coating, used in a photomicrolithography process to produce semiconductors or similar components of electronic or other miniaturized devices. 3. Use in coating for surface tension, static discharge, and adhesion control for analog and digital imaging films, papers, and printing plates, or as a surfactant in mixtures used to process imaging films. 4. Use as an intermediate only to produce other chemical substances to be used solely for the uses listed in 1., 2., or 3. EPA is proposing to extend the exceptions to these chemicals due to the possibility that their use profiles are similar to those already covered in the SNUR. EPA is soliciting comment on whether the excepted uses are still necessary for the chemicals listed in Table 3 of the proposed regulatory text and depending on comments received may decide not to extend the exceptions in some or all cases. The original exceptions were granted based on limited volume of the uses, the extent of controls on exposure and releases, and the absence of viable alternatives. 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 promulgating a rule after considering all relevant factors, including those listed in TSCA section 5(a)(2). These factors include the projected production volume of a chemical substance; the extent to which a use changes or increases the type, form, magnitude, or duration of exposure to the substance; and the reasonably anticipated manner of producing, processing, distributing, or disposing of the substance. EPA construes the statute to allow consideration of any other relevant factors, in addition to those listed in section 5(a)(2). Once EPA determines VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 that a use of a chemical substance is a significant new use, and promulgates a SNUR, section 5(a)(1)(B) of TSCA requires persons to submit a Significant New Use Notice (SNUN) to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use. C. Applicability of General Provisions General regulatory provisions for SNURs appear in 40 CFR part 721, subpart A. These provisions describe persons subject to the rule, recordkeeping requirements, and exemptions to reporting requirements. Provisions relating to user fees appear at 40 CFR part 700. Persons subject to the final SNUR must comply with many of the same notice requirements and EPA regulatory procedures as submitters of premanufacture notices (PMNs) under section 5(a)(1)(A) of TSCA. Those requirements include the information submission requirements of TSCA section 5(b) and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (2), (3), and (5), and the regulations at 40 CFR part 720 (see 40 CFR 721.1(c)). Receipt of a SNUN by EPA may trigger regulatory action under TSCA sections 5(e), 5(f), 6, or 7, if appropriate, to control the activities described in the SNUN. If EPA does not take action after receipt of a SNUN, EPA is required under TSCA section 5(g) to explain in the Federal Register its reasons for not taking action. Persons who intend to export a substance identified in a proposed or final SNUR are subject to the export notification provisions of TSCA section 12(b). The regulations that implement TSCA section 12(b) appear at 40 CFR part 707, subpart D. Persons who intend to import a chemical substance identified in a final SNUR are subject to the TSCA section 13 import certification requirements, which are codified at 19 CFR 12.118 through 12.127 and 127.28. Such persons must certify that they are in compliance with TSCA sections 5, 6, and 7 requirements. The EPA policy on import certification appears at 40 CFR part 707, subpart B. III. Rationale for this Proposed Rule A. What are the Environmental Characteristics of PFAS? All of the chemical substances in Table 3 of the proposed regulatory text are referred to collectively in this proposed rule as perfluoroalkyl sulfonates, or PFAS. There is evidence that PFAS chemicals degrade back to perfluoroalkylsulfonic acid (PFASA), which exists in the anionic form in the environment, or to PFASA precursors. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 12313 Further degradation of PFASA is not observed under normal environmental conditions. In fact, PFASA is highly persistent in the environment and has a tendency to bioaccumulate (Refs. 6 and 7). PFASA can continue to be formed by any PFAS containing chemicals introduced into the environment. Studies have found PFAS chemicals containing five to fourteen carbons (C5– C14) in very small quantities in the blood of the general human population as well as in wildlife, indicating that exposure to the chemicals is widespread (Refs. 6, 7, and 8). Biological sampling has discovered 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 (Ref. 6). The wide distribution of the chemicals 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 chemicals 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 chemicals. PFAS chemicals with longer carbon chain lengths may be of greater concern than those with shorter chain lengths (Refs. 9, 10, and 11). B. What are the Health Effects of PFAS? The hazard assessment published by the Organization for Economic Cooperation and Development (OECD) (Ref. 15) concluded that PFOS is persistent, bioaccumulative and toxic to mammalian species. While most studies to date have focused primarily on PFOS (with eight carbons (C8)), structureactivity relationship analysis indicates that the results of those studies are applicable to the category of PFAS chemicals, which includes PFOS. Available test data have raised concerns about their potential developmental, reproductive, and systemic toxicity (Refs. 6, 7, and 8). Toxicology studies show that PFOS, as measured in its anionic form, is well absorbed orally and distributes primarily to the serum and liver. It does not appear to be further metabolized. Elimination from the body is slow and occurs via both urine and feces. Serum PFOS levels in three retired male 3M Company chemical workers have been tracked and suggest a mean elimination half-life in humans of approximately 4 years (Ref. 8). Epidemiologic studies have shown an association between PFOS exposure and the incidence of E:\FR\FM\10MRP1.SGM 10MRP1 12314 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules dsatterwhite on PROD1PC61 with PROPOSALS bladder cancer, although further work is needed (Ref. 15). Studies on PFOS generally indicate moderate toxicity to environmental species (fish, aquatic plants and invertebrates, amphibians and birds), although in the case of honey bees, high toxicity was observed (Ref. 15). C. What are the Uses and Production Levels of these Chemicals? The Agency believes that the 183 PFAS chemicals included in this proposal are no longer being manufactured for any uses in the United States, except possibly for excepted uses under 40 CFR 721.9582(a)(3). As mentioned in Unit II.A., EPA is soliciting comment on the need for the excepted uses for the chemicals listed in Table 3 of the proposed regulatory text. 3M Company, the principal domestic manufacturer of PFAS chemicals, has publicly committed to using perfluorobutane sulfonate (PFBS) (a four carbon (C4) based PFAS) instead of PFOS or other PFAS chemicals in its products (Ref. 5). The Agency has no indication that the PFAS chemicals covered by this proposal are in commercial production for any use; however, there could be instances where these chemicals are produced in amounts that fall below any reporting thresholds, e.g., under the Inventory Update Rule at 40 CFR part 710, and therefore EPA would be unaware of their production. PFOS and related sulfonyl-based fluorochemicals, which are a subset of the overall PFAS category of chemicals and are included in 40 CFR 721.9582, were used in a variety of products, which can be divided into three main use categories: surface treatments, paper protection, and performance chemicals (Ref. 12). In the past, PFAS chemicals in the performance chemicals category were used in a wide variety of specialized industrial, commercial, and consumer applications. Specific applications included fire fighting 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. 12). In 2000, the domestic production volume of the PFAS chemicals containing eight carbons (C8) for the performance chemicals use category was estimated to be approximately 1.5 million pounds (Ref. 13). The 3M Company discontinued manufacture of some specific PFAS and VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 related chemicals as of 2002. The Agency is aware that PFAS and PFASrelated chemicals have been produced by and/or imported from companies located in countries outside of the United States, including Italy, Belgium, Germany, Norway, Poland, and Switzerland, among others, and that many other companies have sold PFASrelated products (Ref. 14). The Agency is not aware of any uses or imports in the United States of the remaining PFAS chemicals on the Inventory. Comments generated by this document will enable EPA to determine if any remaining uses exist. D. Why is EPA Taking this Action? EPA believes that the manufacture or import for any use of the PFAS chemicals listed in Table 3 of the proposed regulatory text occurring after the 3M Company’s global phase-out dates would significantly increase the magnitude and duration of exposure to humans and the environment to these chemicals. Given the similarity of the chemicals in this proposal to the PFAS chemicals covered under 40 CFR 721.9582 and the health and environmental concerns described in this unit, EPA believes that action on these PFAS chemicals is warranted. IV. Determining a Significant New Use Section 5(a)(2) of TSCA requires 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. EPA construes the statute to allow consideration of any other relevant factors, in addition to those enumerated in section 5(a)(2)(A) through (D). To determine what would constitute a significant new use of the PFAS chemicals listed in Table 3 of the proposed regulatory text, EPA considered relevant information about the toxicity, exposure, and environmental effects of the substances as well as the four factors listed in section 5(a)(2) of TSCA. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 As described in Unit III., EPA has concerns regarding the reproductive and subchronic toxicity, persistence, and bioaccumulative potential of the chemical substances that are included in this proposed SNUR. Any use of these PFAS chemicals would continue to add to the reservoir of PFASA in the environment, resulting in additional human/animal exposure. Furthermore, the specific perfluoroalkylsulfonyl fluoride (PASF) precursors required to manufacture the PFAS chemicals included in this proposal are no longer being manufactured and 3M Company, the principal U.S. manufacturer of PFAS chemicals, has committed to using perfluorobutane sulfonate (PFBS) (a four carbon (C4) based PFAS). The Agency is also not aware of any uses or imports in the United States of the PFAS chemicals included in this proposal. Available information indicates that there is no ongoing manufacture, import, or use of these PFAS chemicals in the United States. Therefore, any manufacture, import, or use of these chemicals, apart from the excepted uses, if determined to be ongoing based on comments received on this proposed rule or other information, would be considered a significant new use. Considering EPA’s concerns about the toxicity and bioaccumulation potential of the chemicals, EPA believes that individuals and the environment could suffer adverse effects from their use. Since indications are that manufacturing and importing have ceased, with the possible exception of the four excepted uses, EPA believes that any new manufacture, import, or use of these chemicals would significantly increase the production volume and the magnitude and duration of exposure of human beings and the environment to these chemical substances. Consequently, EPA wants the opportunity to evaluate and control, if appropriate, exposures associated with those activities. Based on these considerations, EPA is pursuing the following objectives with regard to the use of the chemicals listed in Table 3 of the proposed regulatory text: • EPA wants to ensure that it would receive notice of any person’s intent to manufacture or import the listed chemicals for any designated new use before that activity begins. • EPA wants to ensure that it would have the opportunity to review and evaluate data submitted in a SNUN before the notice submitter begins manufacturing or importing the chemicals for any designated new use. E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules • The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those activities. Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001 (see 40 CFR 721.25(a) and 720.40(a)(2)(i)). dsatterwhite on PROD1PC61 with PROPOSALS V. Test Data and Other Information EPA recognizes that section 5 of TSCA does not require the development of any particular test data before submission of a SNUN. 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). SNUN submitters should be aware that EPA will be better able to evaluate SNUNs that provide detailed information on: • Human exposure and environmental releases that may result from the significant new use of the chemical substance. • Potential benefits of the chemical substance. • Information on hazards and risks posed by the chemical substance relative to hazards and risks posed by potential substitutes. Submitters should consider including with a SNUN any other available studies on the chemical substances or studies on analogous substances that may demonstrate that the significant new uses being reported are unlikely to present an unreasonable risk. In view of the potential risks posed by these chemicals, potential SNUN submitters should include data that would permit a reasoned evaluation of risks posed by these chemicals. EPA encourages persons to consult with the Agency before submitting a SNUN for these substances. As part of this optional pre-notice consultation, EPA would discuss specific data it believes would be useful in evaluating a significant new use. A SNUN submitted without sufficient data to reasonably evaluate risks posed by a significant new use of one of the listed chemicals may increase the likelihood that EPA will take action under TSCA section 5(e) to prohibit or limit activities associated with these chemicals. VI. SNUN Submissions SNUNs should be mailed to the Environmental Protection Agency, OPPT Document Control Office (7407M), 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. Information must be submitted in the form and manner set forth in EPA Form No. 7710–25. This form is available from the Environmental Assistance Division (7408M), OPPT, Environmental VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 VII. Alternatives Before proposing this SNUR, EPA considered promulgating a TSCA section 8(a) reporting rule for the listed chemicals. Under such a rule, EPA could generally require any person to report information to the Agency when they intend to manufacture, import, or process a listed chemical. However, in the case of these particular substances, the use of TSCA section 8(a) rather than SNUR authority would have several drawbacks. First, EPA would not be able to take immediate follow-up regulatory action under TSCA sections 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 the chemicals listed in Table 3 of the proposed regulatory text, EPA believes that a TSCA section 8(a) rule for these substances would not meet EPA’s regulatory objectives. VIII. Applicability of Proposed 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 believes that the intent of TSCA section 5(a)(1)(B) is best served by designating a use as a ‘‘significant new use’’ as of the proposal date of the SNUR, rather than as of the effective date of the final rule. If uses begun after publication of the proposed SNUR were considered to be ongoing rather than new, it would be difficult for EPA to establish notification requirements, because any person could defeat the SNUR by initiating the proposed significant new use before the proposed rule became final. Any person who begins commercial manufacture or import for any use of any of the chemical substances listed in Table 3 of the proposed regulatory text after publication of this proposed SNUR must stop such activity before the effective date of the final rule. All persons will have to meet all SNUR notice requirements and wait until the end of the notice review period, including all extensions, before engaging in any activities designated as significant new uses. If, however, persons who begin commercial manufacture or import of any of the chemical substances listed in Table 3 of the proposed regulatory text between the proposal and the effective date of PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 12315 the final SNUR meet the conditions of advance compliance as codified at 40 CFR 721.45(h), those persons would be considered to have met the requirements of the final SNUR for those activities. IX. Issue for Comment EPA is especially interested in comments on whether there is any current manufacture or import of any of the chemicals listed in Table 3 of the proposed regulatory text, including for the uses that would be excepted as proposed in accordance with 40 CFR 721.9582(a)(2)(iii). The Agency is not aware of any uses or imports in the United States of the remaining PFAS chemicals on the Inventory. Comments generated by this document will enable EPA to determine if any remaining uses exist, and therefore the need for the proposed, or other, exemptions, based on manufacture or import for an ongoing use. X. Economic Analysis EPA has evaluated the potential costs of establishing SNUR reporting requirements for potential manufacturers, including importers, of the chemical substances who would be subject to the final rule. While there is no precise way to calculate the total annual cost of compliance with the final rule, EPA estimates that the reporting cost for submitting a SNUN is $7,267, including a $2,500 user fee (Ref. 16). EPA believes that there will be few, if any, SNUNs submitted. EPA’s complete economic analysis is available in the public docket for this proposed rule (Ref. 16). Under section 12(b) of TSCA, 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. Notice must be provided for the first export or intended export to a particular country in a calendar year. In an economic analysis of an amendment to the rules implementing TSCA section 12(b), EPA estimated that the one-time cost of preparing and submitting an export notification was $62.60 in 1992, or $93.02 when inflated to 2003 dollars by a factor of approximately 1.5, from the Employment Cost Index for White Collar Occupations. The total costs of export notification will vary by chemical, depending on the number of required notifications (i.e., the number of countries to which the chemical is exported). EPA is unable to make any estimate of the likely number of export notifications for chemicals covered in this SNUR (Ref. 16). E:\FR\FM\10MRP1.SGM 10MRP1 dsatterwhite on PROD1PC61 with PROPOSALS 12316 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules XI. References The public docket for this action, EPA–HQ–OPPT–2005–0015, currently includes the following documents: 1. USEPA. ‘‘Perfluorooctyl Sulfonates; Proposed Significant New Use Rule.’’ 65 FR 62319, October 11, 2000. 2. USEPA. ‘‘Perfluoroalkyl Sulfonates; Significant New Use Rule, Final Rule.’’ 67 FR 11008, March 11, 2002. 3. USEPA. ‘‘Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule, Supplemental proposed rule.’’ 67 FR 11014, March 11, 2002. 4. USEPA. ‘‘Perfluoroalkyl Sulfonates; Significant New Use Rule, Final Rule.’’ 67 FR 72854, December 9, 2002. 5. 3M Company. Technical Data Bulletin: Environmental, Health, Safety, and Regulatory (EHSR) Profile of Perfluorobutane Sulfonate (PFBS), July 2002. 6. 3M Company. Sulfonated Perfluorochemicals in the Environment: Sources, Dispersion, Fate, and Effects. St. Paul, Minnesota, March 1, 2000. 7. 3M Company. The Science of Organic Fluorochemistry. St. Paul, Minnesota, February 5, 1999. 8. 3M Company. Perfluorooctane Sulfonate: Current Summary of Human Sera, Health and Toxicology Data. St. Paul, Minnesota, January 21, 1999. 9. Kudo, Naomi, et.al. ‘‘Comparison of the Elimination Between Perfluorinated Fatty Acids with Different Carbon Chain Lengths in Rats.’’ Chemico-Biological Interactions. Volume 134(2), 2001, pp. 203–216. 10. Goeke-Flora, Carol M. and Nicholas V. Reo. ‘‘Influence of Carbon Chain Length on the Hepatic Effects of Perfluorinated Fatty Acids, A19 F- and 31P-NMR Investigation.’’ Chemical Research in Toxicology, 9(4), 1996, pp. 689–695. 11. Dixon, David A. ‘‘Fluorochemical Decomposition Processes,’’ Theory, Modeling, and Simulation, William R. Wiley Environmental Molecular Sciences Laboratory, Pacific Northwest National Laboratory, Richland Washington, April 4, 2001. 12. 3M Company. Fluorochemical Use, Distribution, and Release Overview. St. Paul, Minnesota, May 26, 1999. 13. Weppner, William A., 3M Company. Phase-Out Plan for POSFBased Products, St. Paul, Minnesota, July 7, 2000. 14. Organization for Economic Cooperation and Development (OECD), Environment Directorate. Results of Survey on Production and Use of PFOS, PFAS and PFOA-Related Substances and Products/Mixtures Containing these Substances. ENV/JM/MONO(2005)1. January 13, 2005, pp. 33–45. VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 15. Organization for Economic Cooperation and Development (OECD), Environment Directorate. ‘‘Hazard Assessment of Perfluorooctane Sulfonate (PFOS) and its Salts,’’ ENV/ JM/RD(2002)17/FINAL, November, 21, 2002. 16. USEPA. ‘‘Economic Analysis of the Proposed Significant New Use Rule for 183 Perfluoroalkyl Sulfonates.’’ Washington, DC: U.S. EPA/OPPT/EETD/ EPAB, November 3, 2005. XII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993), the Office of Management and Budget (OMB) has determined that this proposed SNUR is not a ‘‘significant regulatory action’’ because this rule does not meet the criteria in section 3(f) of the Executive Order. B. Paperwork Reduction Act According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., an Agency may not conduct or sponsor, and a person is not required to respond to a collection of information that requires OMB approval under the PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable. The information collection requirements related to this action have already been approved by OMB pursuant to the PRA under OMB control number 2070–0038 (EPA ICR No. 1188). This action does not impose any burden requiring additional OMB approval. The burden for submitting a SNUN is estimated to average 107 hours per submission. This burden estimate includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete, review, and submit the required SNUN. Send any comments about the accuracy of the burden estimate, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Collection Strategies Division, Office of Environmental Information (2822T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 DC 20460–0001. Please remember to include the OMB control number in any correspondence, but do not submit any completed forms to this address. C. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation of this SNUR would not have a significant adverse economic impact on a substantial number of small entities. The rationale supporting this conclusion is as follows. A SNUR applies to any person (including small or large entities) who intends to engage in any activity described in the rule as a ‘‘significant new use.’’ By definition of the word ‘‘new,’’ and based on all information currently available to EPA, it appears that no small or large entities presently engage in such activity. Because a SNUR requires only that any person who intends to engage in such activity in the future must first notify EPA by submitting a SNUN, no economic impact would even occur until someone decides to engage in those activities. Although some small entities may decide to conduct such activities in the future, EPA cannot presently determine how many, if any, there may be. However, EPA’s experience to date is that, in response to the promulgation of over 1,000 SNURs, the Agency receives on average only 10 SNUNs per year. Of those SNUNs submitted, none appear to be from small entities in response to any SNUR. In addition, the estimated reporting cost for submission of a SNUN (see Unit X.), are minimal regardless of the size of the firm. Therefore, EPA believes that the potential economic impact of complying with this SNUR is not expected to be significant nor adversely impact a substantial number of small entities. In a SNUR that published on June 2, 1997 (62 FR 29684) (FRL–5597–1), the Agency presented its general determination that proposed and final SNURs are not expected to have a significant economic impact on a substantial number of small entities, which was provided to the Chief Counsel for Advocacy of the Small Business Administration. D. Unfunded Mandates Reform Act Based on EPA’s experience with proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reason to believe that any State, local, or Tribal government would be impacted by this rulemaking. As such, EPA has determined that this regulatory action would not impose any enforceable duty, E:\FR\FM\10MRP1.SGM 10MRP1 12317 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules contain any unfunded mandate, or otherwise have any affect on small governments subject to the requirements of sections 202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4). 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, entitled Federalism (64 FR 43255, August 10, 1999). F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments This proposed rule would not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This proposed rule would not significantly or uniquely affect the communities of Indian Tribal governments, nor would it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000), do not apply to this proposed rule. G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children. legal standard for affected conduct, as required by section 3 of Executive Order 12988, entitled Civil Justice Reform (61 FR 4729, February 7, 1996). H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use List of Subjects in 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. This proposed rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use. Dated: February 28, 2006. Charles M. Auer, Director, Office of Pollution Prevention and Toxics. I. National Technology Transfer Advancement Act PART 721—[AMENDED] In addition, since this action does not involve any technical standards, section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–113, section 12(d) (15 U.S.C. 272 note), does not apply to this action. 1. The authority citation for part 721 would continue to read as follows: J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations a. By revising the text of paragraph (a)(1). This action does not entail special considerations of environmental justice related issues as delineated by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994). K. Executive Order 12988: Civil Justice Reform In issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear Therefore, it is proposed that 40 CFR part 721 be amended as follows: Authority: 15 U.S.C. 2604, 2607, and 2625(c). 2. Section 721.9582 is amended as follows: b. By adding a Table 3 to paragraph (a)(1). c. By revising paragraphs (a)(2) and (a)(3). § 721.9582 Certain perfluoroalkyl sulfonates. (a) Chemical substances and significant new uses subject to reporting. (1) The chemical substances listed in Table 1, Table 2, and Table 3 of this section are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. * * * * * TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER APRIL 10, 2006 CAS No. CAS Ninth Collective Index Name C No. Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts C4-C8 148240-81-7 Fatty acids, C18-unsatd., trimers, 2-[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl esters C5 95590-48-0 2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymer with ethenylbenzene, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-propenoate and 2-hydroxyethyl 2-propenoate C8 73772-34-6 dsatterwhite on PROD1PC61 with PROPOSALS 179005-06-2 1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6tridecafluoro-N-[2-[2-(2- hydroxyethoxy)ethoxy]ethyl]- C6 73772-33-5 1-Hexanesulfonamide, tridecafluoro-, monoacetate N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6- C6 73275-59-9 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer with a-(2-methyl-1-oxo-2-propenyl)-w-butoxypoly[oxy(methyl-1,2-ethanediyl)] C8 VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 12318 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER APRIL 10, 2006—Continued CAS No. CAS Ninth Collective Index Name C No. 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer with methyloxirane polymer with oxirane mono(2-methyl-2-propenoate) C8 73019-28-0 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer with a-(2-methyl-1-oxo-2-propenyl)-w-methoxypoly(oxy-1,2-ethanediyl) (9CI) C8 73019-20-2 1,3-Benzenedicarboxamide, N3-[2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl]N1-[2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl]-4-methyl- C8 73019-19-9 Benzamide, 4-[[4-[[[2[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl]amino]carbonyl]phenyl]methyl]-Noctadecyl- C8 73018-93-6 2-Propenoic acid, 2-methyl-, 2-ethylhexyl ester, polymer [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate 2- C8 72785-08-1 1-Propanesulfonic acid, (dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]- 3-[[3- C8 71463-81-5 Phosphonic acid, [3-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]propyl]-, diethyl ester C7 71463-80-4 Phosphonic acid, [3-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]propyl]-, diethyl ester C8 71463-79-1 Phosphonic acid, [3-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]propyl]- C7 71463-78-0 Phosphonic acid, [3-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]propyl]- C8 71463-74-6 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, compd. with piperidine (1:1) C8 70900-40-2 2-Propenoic acid, 2-methyl-, 2-[[[[5-[[[4[[(heptadecafluorooctyl)sulfonyl]methylamino]butoxy]carbonyl]amino]-2methylphenyl]amino]carbonyl]oxy]propyl ester, telomer with butyl 2-propenoate, 2[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, C4-C8 70248-52-1 1-Propanaminium, (2:1) sulfate C6 70225-26-2 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N- trimethyl-, sulfate (2:1) C8 70225-24-0 1-Propanaminium, (2:1) sulfate C5 70225-20-6 1-Propanaminium, N,N,N-trimethyl-3-[[(pentadecafluoroheptyl)sulfonyl]amino]-, sulfate (2:1) C7 70225-17-1 1-Pentanesulfonic acid, iminobis[ethanol] (1:1) 2,2’- C5 70225-16-0 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, compd. with 2,2’iminobis[ethanol] (1:1) C6 70225-15-9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, compd. with 2,2’-iminobis[ethanol] (1:1) C7 68958-60-1 Poly(oxy-1,2-ethanediyl), alpha-[2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]omega-methoxy- C7 68957-63-1 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]- C7 68957-62-0 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 68957-61-9 dsatterwhite on PROD1PC61 with PROPOSALS 73038-33-2 1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6tridecafluoro-, monohydrochloride C6 68957-60-8 1-Pentanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,5undecafluoro-, monohydrochloride C5 68957-58-4 1-Propanaminium, N,N,N-trimethyl-3-[[(tridecafluorohexyl)sulfonyl]amino]-, iodide C6 68957-57-3 1-Propanaminium, N,N,N-trimethyl-3-[[(undecafluoropentyl)sulfonyl]amino]-, iodide C5 VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 with N,N,N-trimethyl-3-[[(tridecafluorohexyl)sulfonyl]amino]-, N,N,N-trimethyl-3-[[(undecafluoropentyl)sulfonyl]amino]-, PO 00000 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, Frm 00017 Fmt 4702 Sfmt 4702 compd. E:\FR\FM\10MRP1.SGM with 10MRP1 12319 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER APRIL 10, 2006—Continued CAS No. CAS Ninth Collective Index Name C No. 1-Propanaminium, N,N,N-trimethyl-3-[[(undecafluoropentyl)sulfonyl]amino]-, chloride C5 68957-54-0 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]-, ethyl ester C7 68957-53-9 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]-, ethyl ester C6 68957-32-4 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]- C6 68957-31-3 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]- C5 68891-99-6 Chromium, diaquatetrachloro[mu-[N-ethyl-N-[(undecafluoropentyl)sulfonyl]glycinatokO:kO’]]-mu-hydroxybis(2-propanol)di- C5 68891-98-5 Chromium, diaquatetrachloro[mu-[N-ethyl-N-[(tridecafluorohexyl)sulfonyl]glycinatokO:kO’]]-mu-hydroxybis(2-propanol)di- C6 68891-97-4 Chromium, diaquatetrachloro[mu-[N-ethyl-N[(pentadecafluoroheptyl)sulfonyl]glycinato-kO:kO’]]-mu-hydroxybis(2-propanol)- C7 68877-32-7 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ C4-C8 68815-72-5 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3[[(tridecafluorohexyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt C6 68797-76-2 2-Propenoic acid, 2-methyl-, 2-ethylhexyl ester, polymer with [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-pr 222- C4-C8 68608-13-9 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with TDI C4-C8 68568-77-4 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2-chloro-1,3-butadiene, 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2 C4-C8 68555-81-7 1-Propanaminium, N,N,N-trimethyl-3-[[(pentadecafluoroheptyl)sulfonyl]amino]-, chloride C7 68555-79-3 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]-, ethyl ester C5 68555-78-2 1-Pentanesulfonamide, undecafluoro- N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,5- C5 68555-76-0 1-Heptanesulfonamide, ethyl)-N-methyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxy- C7 68555-75-9 1-Hexanesulfonamide, methyl- 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-N- C6 68555-74-8 1-Pentanesulfonamide, methyl- 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-N- C5 68555-73-7 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)- C7 68555-72-6 1-Pentanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)- C5 68555-71-5 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]-, sodium salt C7 68555-70-4 dsatterwhite on PROD1PC61 with PROPOSALS 68957-55-1 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]-, sodium salt C6 68555-69-1 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]-, sodium salt C5 68541-02-6 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3[[(undecafluoropentyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt C5 68541-01-5 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3[[(pentadecafluoroheptyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt C7 VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 12320 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER APRIL 10, 2006—Continued CAS No. CAS Ninth Collective Index Name C No. Sulfonic acids, C6-12-alkane, perfluoro, potassium salts C6-C12 68318-36-5 1-Propanaminium, 3-[(carboxymethyl)[(heptadecafluorooctyl)sulfonyl]amino]-N,N,Ntrimethyl-, inner salt C8 68318-34-3 Cyclohexanesulfonyl fluoride, decafluoro(trifluoromethyl)- C7 68310-75-8 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide, ammonium salt C8 68310-17-8 Poly[oxy(methyl-1,2-ethanediyl)], [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl]-omega-hydroxy- alpha-[2- C5 68310-02-1 1-Heptanesulfonamide, N-butyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)- C7 68299-39-8 2-Propenoic acid, 2-methyl-, 4-[[(heptadecafluorooctyl)sulfonyl]methylamino]butyl ester, telomer with butyl 2-propenoate, 2[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 4[methyl[(nonafluorobutyl)sulfonyl] amino]butyl 2-methyl-2-p C4-C8 68299-29-6 Benzenesulfonic sodium salt C7 68299-21-8 Benzenesulfonic acid, [[[(tridecafluorohexyl)sulfonyl]amino]methyl]-, monosodium salt C6 68299-20-7 Benzenesulfonic acid, [[[(undecafluoropentyl)sulfonyl]amino]methyl]-, monosodium salt C5 68298-89-5 1-Heptanesulfonamide, hydroxybutyl)-N-methyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(4- C7 68298-81-7 Poly(oxy-1,2-ethanediyl), alpha-[2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]omega-hydroxy- C7 68298-80-6 Poly(oxy-1,2-ethanediyl), omega-hydroxy- C5 68298-78-2 2-Propenoic acid, 2-methyl-, 2-[[[[5-[[[2[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethoxy]carbonyl]amino]-2methylphenyl]amino]carbonyl]oxy]propyl ester, telomer with butyl 2-propenoate, 2[[[[5-[[[2-[ethyl[(nonafluorobutyl) sulfonyl]amino]ethoxy] C4-C8 68298-60-2 2-Propenoic acid, 2-[butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 68298-13-5 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-methyl- C5 68298-11-3 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl](3-sulfopropyl)amino]-N-(2-hydroxyethyl)-N,N-dimethyl-, inner salt C8 68298-10-2 1-Heptanesulfonamide, (phenylmethyl)- C7 68298-09-9 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(phenylmethyl)- C6 68298-08-8 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(phenylmethyl)- C5 68298-06-6 2-Propenoic acid, 2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester C5 68259-39-2 Poly[oxy(methyl-1,2-ethanediyl)], [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]-omega-hydroxy- alpha-[2- C7 68259-38-1 dsatterwhite on PROD1PC61 with PROPOSALS 68391-09-3 Poly[oxy(methyl-1,2-ethanediyl)], [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl]-omega-hydroxy- alpha-[2- C6 68259-15-4 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-methyl- C6 68259-14-3 1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-methyl- C7 68259-12-1 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro- C9 68259-09-6 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, ammonium salt C5 VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 acid, PO 00000 ar-[[[(pentadecafluoroheptyl)sulfonyl]amino]methyl]-, mono- alpha-[2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl]- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N- Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 12321 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER APRIL 10, 2006—Continued CAS No. CAS Ninth Collective Index Name C No. 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, ammonium salt C6 68259-07-4 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, ammonium salt C7 68259-06-3 1-Nonanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro- C9 68239-75-8 1-Heptanesulfonamide, (trimethoxysilyl)propyl]- N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[3- C7 68239-74-7 1-Hexanesulfonamide, methyl- 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(4-hydroxybutyl)-N- C6 68239-73-6 1-Octanesulfonamide, hydroxybutyl)-N-methyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(4- C8 68239-72-5 1-Pentanesulfonamide, methyl- 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(4-hydroxybutyl)-N- C5 68228-00-2 2-Propenoic acid, ethyl ester, polymer with 4[[(heptadecafluorooctyl)sulfonyl]methylamino]butyl 2-propenoate, 4[methyl[(nonafluorobutyl)sulfonyl]amino]butyl 2-propenoate, alpha-(2-methyl-1-oxo2-propenyl)-omega-hydroxypoly(oxy-1,4-butanediyl), a-(2-methyl C4-C8 68227-99-6 2-Propenoic acid, 4-[methyl[(undecafluoropentyl)sulfonyl]amino]butyl ester C5 68227-98-5 2-Propenoic acid, 4-[methyl[(tridecafluorohexyl)sulfonyl]amino]butyl ester C6 68227-97-4 2-Propenoic acid, 4-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]butyl ester C7 68227-96-3 2-Propenoic acid, butyl ester, telomer with 2[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 2[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, alpha-(2-methyl-1-oxo2-propenyl)-omega-hydroxypoly(oxy-1,4-butanediyl), alpha-(2-methyl C4-C8 68227-94-1 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2-[methyl[( nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, alpha-(2-methyl1-oxo-2-propenyl)-omega-hydroxypoly(oxy-1,2-ethanediyl), alpha-(2-methyl-1-oxo-2propenyl)-omega C4-C8 68227-87-2 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2-[ethyl[( nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- C4-C8 68156-07-0 Cyclohexanesulfonic acid, decafluoro(trifluoromethyl)-, potassium salt C7 cyclic 68156-06-9 Cyclohexanesulfonyl fluoride, decafluoro(pentafluoroethyl)- C8 cyclic 68156-00-3 Cyclohexanesulfonyl fluoride, nonafluorobis(trifluoromethyl)- C8 cyclic 68084-62-8 2-Propenoic acid, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 68081-83-4 Carbamic acid, (4-methyl-1,3-phenylene)bis-, alkyl)sulfonyl]amino]ethyl] ester 67969-65-7 1-Hexanesulfonamide, (phosphonooxy)ethyl]- N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-[2- C6 67940-02-7 1-Heptanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7pentadecafluoro-, monohydrochloride C7 67939-98-4 dsatterwhite on PROD1PC61 with PROPOSALS 68259-08-5 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[2(phosphonooxy)ethyl]-, diammonium salt C7 67939-97-3 1-Heptanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, ammonium salt C7 67939-96-2 2-Propenoic acid, 2-methyl-, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 67939-94-0 1-Heptanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 bis[2-[ethyl[(perfluoro- E:\FR\FM\10MRP1.SGM C4-8- 10MRP1 C4-C8 12322 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER APRIL 10, 2006—Continued CAS No. CAS Ninth Collective Index Name C No. 1-Heptanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 67939-92-8 1-Hexanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro- C6 67939-90-6 1-Pentanesulfonamide, (phosphonooxy)ethyl]- N-ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-[2- C5 67939-88-2 1-Octanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluoro-, monohydrochloride C8 67939-87-1 1-Pentanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl1,1,2,2,3,3,4,4,5,5,5-undecafluoro- C5 67939-61-1 2-Propenoic acid, 2-methyl-, 4-[methyl[(tridecafluorohexyl)sulfonyl]amino]butyl ester C6 67939-42-8 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3(trichlorosilyl)propyl]- C8 67939-37-1 2-Propenoic acid, 2-methyl-, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester, polymer with octadecyl 2-propenoate and 2-propenoic acid C7 67939-36-0 2-Propenoic acid, 2-methyl-, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 67923-61-9 1-Heptanesulfonamide, (phosphonooxy)ethyl]- N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[2- C7 67906-74-5 2-Propenoic acid, 2-methyl-, 2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester, polymer with octadecyl 2-propenoate and 2-propenoic acid C5 67906-73-4 2-Propenoic acid, 2-methyl-, 2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester C5 67906-71-2 2-Propenoic acid, 2-methyl-, 2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester, polymer with octadecyl 2-propenoate and 2-propenoic acid C6 67906-70-1 2-Propenoic acid, 2-methyl-, 2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester C6 67906-41-6 1-Heptanesulfonamide, propenyl- C7 67906-40-5 2-Propenoic acid, 2-methyl-, 4-[methyl[(undecafluoropentyl)sulfonyl]amino]butyl ester C5 67906-38-1 2-Propenoic acid, 2-methyl-, 4-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]butyl ester C7 67584-62-7 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]-, potassium salt C7 67584-61-6 2-Propenoic acid, 2-methyl-, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester C6 67584-60-5 2-Propenoic acid, 2-methyl-, 2-[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester C5 67584-58-1 1-Propanaminium, N,N,N-trimethyl-3-[[(pentadecafluoroheptyl)sulfonyl]amino]-, iodide C7 67584-57-0 2-Propenoic acid, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester C6 67584-56-9 2-Propenoic acid, 2-[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester C5 67584-54-7 1-Heptanesulfonamide, pentadecafluoro- C7 67584-53-6 dsatterwhite on PROD1PC61 with PROPOSALS 67939-93-9 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]-, potassium salt C6 67584-52-5 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]-, potassium salt C5 67584-50-3 1-Heptanesulfonamide, (trichlorosilyl)propyl]- C7 67584-49-0 1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-2-propenyl- C7 67584-48-9 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-2-propenyl- C6 VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 PO 00000 N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-2- N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7- N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[3- Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 12323 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER APRIL 10, 2006—Continued CAS No. CAS Ninth Collective Index Name C No. 66008-70-6 2-Propenoic acid, tridecafluoroheptyl)sulfonyl]amino]ethyl ester 2-[methyl[(2,2,3,3,4,4,5,5,6,6,7,7,7- C7 66008-69- 3 2-Propenoic acid, 2-[[(2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9heptadecafluorononyl)sulfonyl]methylamino]ethyl ester C9 66008-68-2 2-Propenoic acid, 2-[[(2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11eicosafluoroundecyl)sulfonyl]methylamino]ethyl ester C11 61577-14-8 2-Propenoic ester C8 60270-55-5 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, potassium salt C7 59071-10-2 2-Propenoic acid, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 58920-31-3 2-Propenoic acid, 4-[[(heptadecafluorooctyl)sulfonyl]methylamino]butyl ester C8 56773-42-3 Ethanaminium, N,N,N-triethyl-, salt with heptadecafluoro-1-octanesulfonic acid (1:1) 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- C8 56372-23-7 Poly(oxy-1,2-ethanediyl), omega-hydroxy- alpha-[2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl]- C6 55910-10-6 Glycine, N-[(heptadecafluorooctyl)sulfonyl]-N-propyl-, potassium salt C8 52550-45-5 Poly(oxy-1,2-ethanediyl), alpha-[2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl]omega-hydroxy- C8 52166-82-2 1-Propanaminium, N,N,N-trimethyl-3-[[(tridecafluorohexyl)sulfonyl]amino]-, chloride C6 52032-20-9 Poly(oxy-1,2-ethanediyl), [[[(heptadecafluorooctyl)sulfonyl]methylamino]carbonyl]-omega-butoxy- alpha- C8 51032-47-4 Benzenesulfonic acid, [[[(heptadecafluorooctyl)sulfonyl]amino]methyl]-, monosodium salt C8 50598-29-3 1-Octanesulfonamide, (phenylmethyl)- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N- C8 50598-28-2 1-Hexanesulfonamide, tridecafluoro- N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6- C6 38850-60-1 1-Propanesulfonic acid, (dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]- 38850-52-1 1-Propanaminium, trimethyl-, inner salt 37338-48-0 Poly[oxy(methyl-1,2-ethanediyl)], [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-omega-hydroxy- 34455-03-3 acid, 2-methyl-, 4-[[(heptadecafluorooctyl)sulfonyl]methylamino]butyl 3-[[3- C6 3-[(carboxymethyl)[(tridecafluorohexyl)sulfonyl]amino]-N,N,N- C6 C8 1-Hexanesulfonamide, ethyl)- N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxy- C6 24924-36-5 1-Octanesulfonamide, propenyl- N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-2- C8 21055-88-9 Carbamic acid, (4-methyl-1,3-phenylene)bis-, sulfonyl]amino]ethyl] ester 13417-01-1 dsatterwhite on PROD1PC61 with PROPOSALS alpha-[2- 1-Octanesulfonamide, heptadecafluoro- 3872-25-1 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, potassium salt C5 3871-99-6 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, potassium salt C6 3871-50-9 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, sodium salt C8 3820-83-5 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2(phosphonooxy)ethyl]- C8 VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 PO 00000 bis[2-[ethyl[(heptadecafluorooctyl) C8 N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- C8 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 12324 Federal Register / Vol. 71, No. 47 / Friday, March 10, 2006 / Proposed Rules TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER APRIL 10, 2006—Continued CAS No. CAS Ninth Collective Index Name C No. 3107-18-4 Cyclohexanesulfonic acid, undecafluoro-, potassium salt C6 cyclic 2991-52-8 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, ammonium salt C8 2991-50-6 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]- C8 2965-52-8 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro- C8 2706-91-4 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro- C5 2263-09-4 1-Octanesulfonamide, hydroxyethyl)- C8 1893-52-3 2-Propenoic acid, 2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester C6 1869-77-8 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, ethyl ester C8 423-86-9 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-2-propenyl C8 375-92-8 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 375-81-5 1-Pentanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro- C5 355-46-4 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro- C6 355-03-3 Cyclohexanesulfonyl fluoride, undecafluoro- C6 cyclic 335-97-7 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-2-propenyl- C5 335-77-3 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro- C10 335-71-7 1-Heptanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 335-24-0 Cyclohexanesulfonic acid, 1,2,2,3,3,4,5,5,6,6-decafluoro-4- (pentafluoroethyl)-, potassium salt C8 cyclic N-butyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2- dsatterwhite on PROD1PC61 with PROPOSALS Note: The extremely long 9CI names for the identified polymers have been truncated to save space in the Code of Federal Regulations (CFR). Each complete 9CI name is available at the EPA website in the TSCA Substance Registry System (SRS) at https://www.epa.gov/srs. (2) The significant new uses are: (i) Any manufacture or import for any use of any chemical substance listed in Table 1 of paragraph (a)(1) of this section. (ii) Any manufacture or import for any use of any chemical substance listed in Table 2 of paragraph (a)(1) of this section, except as noted in paragraph (a)(3) of this section. (iii) Any manufacture or import for any use of any chemical substance listed in Table 3 of paragraph (a)(1) of this section, except as noted in paragraph (a)(3) of this section. (3) Manufacture or import of any chemical substance listed in Table 2 and Table 3 of paragraph (a)(1) of this section for the following specific uses shall not be considered as a significant new use subject to reporting under this section: (i) Use as an anti-erosion additive in fire-resistant phosphate ester aviation hydraulic fluids. (ii) Use as a component of a photoresist substance, including a photo acid generator or surfactant, or as a component of an anti-reflective coating, VerDate Aug<31>2005 20:29 Mar 09, 2006 Jkt 208001 used in a photomicrolithography process to produce semiconductors or similar components of electronic or other miniaturized devices. (iii) Use in coating for surface tension, static discharge, and adhesion control for analog and digital imaging films, papers, and printing plates, or as a surfactant in mixtures used to process imaging films. (iv) Use as an intermediate only to produce other chemical substances to be used solely for the uses listed in paragraph (a)(3)(i), (ii), or (iii) of this section. * * * * * DEPARTMENT OF HOMELAND SECURITY [FR Doc. E6–3444 Filed 3–9–06; 8:45 am] SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the BILLING CODE 6560–50–S PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–D–7640] Proposed Flood Elevation Determinations Federal Emergency Management Agency (FEMA), Department of Homeland Security. AGENCY: ACTION: E:\FR\FM\10MRP1.SGM Proposed rule. 10MRP1

Agencies

[Federal Register Volume 71, Number 47 (Friday, March 10, 2006)]
[Proposed Rules]
[Pages 12311-12324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3444]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2005-0015; FRL-7740-6]
RIN 2070-AJ18


Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend a significant new use rule (SNUR) 
under section 5(a)(2) of the Toxic Substances Control Act (TSCA) to 
include certain perfluoroalkyl sulfonates (PFAS) substances. EPA is 
proposing to amend the PFAS SNUR at 40 CFR 721.9582 by adding a new 
Table 3 containing the remaining PFAS chemicals on the TSCA Inventory 
that are not already regulated by the SNUR. This proposed rule would 
require manufacturers, including importers, to notify EPA at least 90 
days before commencing the manufacture or import of the PFAS chemicals 
listed in Table 3 of the regulatory text proposed herein for the 
significant new uses described in this document on or after April 10, 
2006. EPA believes that this action is necessary because these chemical 
substances may be hazardous to human health and the environment. The 
required notice will provide EPA the opportunity to evaluate intended 
significant new uses and associated activities before they occur and, 
if necessary, to prohibit or limit those uses or activities.

DATES: Comments must be received on or before April 10, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2005-0015, by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: oppt.ncic@epa.gov.
     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: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID number EPA-HQ-OPPT-2005-0015. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2005-0015. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
regulations.gov index. Although listed in the index, some information 
is not publicly available, e.g., CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through regulations.gov or in 
hard copy at the OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Rm. 
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OPPT Docket is (202) 566-0280.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov.
    For technical information contact: Amy Breedlove, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-9823; e-mail 
address: breedlove.amy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture 
(defined by statute to include import) any of the chemical substances 
that are listed in Table 3 in Sec.  721.9582(a)(1) of the proposed 
regulatory text.
    Persons who intend to 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 to the regulations codified at 19 CFR 
12.118 through 12.127 and 127.28. Those persons must certify that they 
are in compliance with the 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

[[Page 12312]]

that is the subject of this proposed rule on or after April 10, 2006 
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. 
Potentially affected entities may include, but are not limited to:
     Manufacturers (defined by statute to include importers) of 
one or more of the subject chemical substances (NAICS 325 and 324110), 
e.g., chemical manufacturing and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in 40 CFR 721.5 and 40 
CFR 721.9582 as proposed herein. Also consult Unit II. 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 Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. 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.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket 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 the estimate.
    vi. Provide specific examples to illustrate your concerns and 
suggested 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.

II. Background

A. What Action is the Agency Taking?

    On October 18, 2000, EPA published in the Federal Register a 
proposed SNUR (65 FR 62319) (FRL-6745-5) (Ref. 1) to regulate the 
chemicals referred to as perfluorooctyl sulfonates (PFOS). The 
structure and definition of those chemicals affected by the proposed 
SNUR were described on page 62325, Unit IV.A. of that proposed rule. 
The corresponding final rule was published in the Federal Register on 
March 11, 2002 (67 FR 11008) (FRL-6823-6), for 13 perfluoroalkyl 
sulfonates (PFAS) chemicals (Ref. 2). In response to comments, EPA 
agreed to use the generic term perfluoroalkyl sulfonates (PFAS) to 
encompass more generally this category of perfluorinated compounds, 
which includes those with eight carbons (C8) as well as those with 
higher and lower amounts of carbon. The Agency also agreed to use the 
term PFOS to represent only those chemical substances that are 
predominantly C8. A supplemental proposed SNUR for 75 other similar 
PFAS chemicals was published in the Federal Register on March 11, 2002 
(67 FR 11014) (FRL-6823-7) (Ref. 3). EPA promulgated a final rule for 
these 75 PFAS chemicals on December 9, 2002 (67 FR 72854) (FRL-7279-1) 
(Ref. 4). As used in this proposal, the term PFAS refers to a general 
category of perfluorinated sulfonate compounds and includes compounds 
of carbon chain lengths greater than four. The term PFOS refers to a 
subcategory of PFAS compounds that have an eight-carbon chain length.
    EPA believed that those actions were necessary because data showed 
that certain alkyl chain lengths of the PFAS chemicals are toxic to 
human health, bioaccumulate, and are persistent in the environment. The 
December 9, 2002 final rule designated manufacture and import for any 
use of the specific PFAS chemicals listed in Tables 1 and 2 of 40 CFR 
721.9582 as significant new uses with the following four exceptions for 
chemical substances in Table 2:
     Use as an anti-erosion additive in fire-resistant 
phosphate ester aviation hydraulic fluids.
     Use as a component of a photoresist substance, including a 
photo acid generator or surfactant, or as a component of an anti-
reflective coating, used in a photomicrolithography process to produce 
semiconductors or similar components of electronic or other 
miniaturized devices.
     Use in coatings for surface tension, static discharge, and 
adhesion control for analog and digital imaging films, papers, and 
printing plates, or as a surfactant in mixtures used to process imaging 
films.
     Use as an intermediate only to produce other chemical 
substances to be used solely for the uses listed in exceptions 1 
through 3.
    EPA is proposing to add 183 PFAS chemicals to the SNUR at 40 CFR 
721.9582. The 183 chemicals are listed in Table 3 which appears in the 
proposed regulatory text. EPA believes that this action is warranted 
given the similarity of these chemicals to those currently included in 
40 CFR 721.9582 and the strong likelihood of similar health and 
environmental concerns, as discussed in Unit III.A. Specifically, the 
Agency is proposing to designate as a ``significant new use'' the 
manufacture, including import, for any use of the chemical substances 
listed in Table 3 of the proposed regulatory text; however, the Agency 
is also proposing to make the excepted uses described in 40 CFR 
721.9582(a)(3) applicable to the chemicals listed in Table 3 of the 
proposed regulatory text. The listed chemical substances in Table 3 are 
on the TSCA Inventory and have carbon chains greater than, or equal to, 
C5 with the PFAS chemical structure. This action also includes those 
chemicals with ranges of carbon chains shorter than C5 but that extend 
beyond C5, for example, C4-C12. EPA specifically solicits comment on 
whether there is any ongoing manufacture or import of the chemicals 
subject to this proposed rule as well as information on any uses of 
such chemicals.
    This proposed rule would require persons to notify EPA at least 90 
days before commencing the manufacture (including import) of the 
chemical substances identified in Table 3 of the proposed regulatory 
text for the following significant new uses:

[[Page 12313]]

     The manufacture, including import, for any use of any of 
the chemicals listed in Table 3 of the proposed regulatory text.
     However, the manufacture or import of any chemical listed 
in Table 3 of the proposed regulatory text for one or more of the 
following specific uses shall not be considered as a significant new 
use subject to reporting:
    1. Use as an anti-erosion additive in fire-resistant phosphate 
ester aviation hydraulic fluids.
    2. Use as a component of a photoresist substance, including a photo 
acid generator or surfactant, or as a component of an anti-reflective 
coating, used in a photomicrolithography process to produce 
semiconductors or similar components of electronic or other 
miniaturized devices.
    3. Use in coating for surface tension, static discharge, and 
adhesion control for analog and digital imaging films, papers, and 
printing plates, or as a surfactant in mixtures used to process imaging 
films.
    4. Use as an intermediate only to produce other chemical substances 
to be used solely for the uses listed in 1., 2., or 3.
    EPA is proposing to extend the exceptions to these chemicals due to 
the possibility that their use profiles are similar to those already 
covered in the SNUR. EPA is soliciting comment on whether the excepted 
uses are still necessary for the chemicals listed in Table 3 of the 
proposed regulatory text and depending on comments received may decide 
not to extend the exceptions in some or all cases. The original 
exceptions were granted based on limited volume of the uses, the extent 
of controls on exposure and releases, and the absence of viable 
alternatives.

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 promulgating a rule after 
considering all relevant factors, including those listed in TSCA 
section 5(a)(2). These factors include the projected production volume 
of a chemical substance; the extent to which a use changes or increases 
the type, form, magnitude, or duration of exposure to the substance; 
and the reasonably anticipated manner of producing, processing, 
distributing, or disposing of the substance. EPA construes the statute 
to allow consideration of any other relevant factors, in addition to 
those listed in section 5(a)(2). Once EPA determines that a use of a 
chemical substance is a significant new use, and promulgates a SNUR, 
section 5(a)(1)(B) of TSCA requires persons to submit a Significant New 
Use Notice (SNUN) to EPA at least 90 days before they manufacture, 
import, or process the chemical substance for that use.

C. Applicability of General Provisions

    General regulatory provisions for SNURs appear in 40 CFR part 721, 
subpart A. These provisions describe persons subject to the rule, 
recordkeeping requirements, and exemptions to reporting requirements. 
Provisions relating to user fees appear at 40 CFR part 700. Persons 
subject to the final SNUR must comply with many of the same notice 
requirements and EPA regulatory procedures as submitters of 
premanufacture notices (PMNs) under section 5(a)(1)(A) of TSCA. Those 
requirements include the information submission requirements of TSCA 
section 5(b) and 5(d)(1), the exemptions authorized by TSCA section 
5(h)(1), (2), (3), and (5), and the regulations at 40 CFR part 720 (see 
40 CFR 721.1(c)). Receipt of a SNUN by EPA may trigger regulatory 
action under TSCA sections 5(e), 5(f), 6, or 7, if appropriate, to 
control the activities described in the SNUN. If EPA does not take 
action after receipt of a SNUN, EPA is required under TSCA section 5(g) 
to explain in the Federal Register its reasons for not taking action.
    Persons who intend to export a substance identified in a proposed 
or final SNUR are subject to the export notification provisions of TSCA 
section 12(b). The regulations that implement TSCA section 12(b) appear 
at 40 CFR part 707, subpart D. Persons who intend to import a chemical 
substance identified in a final SNUR are subject to the TSCA section 13 
import certification requirements, which are codified at 19 CFR 12.118 
through 12.127 and 127.28. Such persons must certify that they are in 
compliance with TSCA sections 5, 6, and 7 requirements. The EPA policy 
on import certification appears at 40 CFR part 707, subpart B.

III. Rationale for this Proposed Rule

A. What are the Environmental Characteristics of PFAS?

    All of the chemical substances in Table 3 of the proposed 
regulatory text are referred to collectively in this proposed rule as 
perfluoroalkyl sulfonates, or PFAS. There is evidence that PFAS 
chemicals degrade back to perfluoroalkylsulfonic acid (PFASA), which 
exists in the anionic form in the environment, or to PFASA precursors. 
Further degradation of PFASA is not observed under normal environmental 
conditions. In fact, PFASA is highly persistent in the environment and 
has a tendency to bioaccumulate (Refs. 6 and 7). PFASA can continue to 
be formed by any PFAS containing chemicals introduced into the 
environment.
    Studies have found PFAS chemicals containing five to fourteen 
carbons (C5-C14) in very small quantities in the blood of the general 
human population as well as in wildlife, indicating that exposure to 
the chemicals is widespread (Refs. 6, 7, and 8).
    Biological sampling has discovered 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 
(Ref. 6). The wide distribution of the chemicals 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 chemicals 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 
chemicals. PFAS chemicals with longer carbon chain lengths may be of 
greater concern than those with shorter chain lengths (Refs. 9, 10, and 
11).

B. What are the Health Effects of PFAS?

    The hazard assessment published by the Organization for Economic 
Cooperation and Development (OECD) (Ref. 15) concluded that PFOS is 
persistent, bioaccumulative and toxic to mammalian species. While most 
studies to date have focused primarily on PFOS (with eight carbons 
(C8)), structure-activity relationship analysis indicates that the 
results of those studies are applicable to the category of PFAS 
chemicals, which includes PFOS. Available test data have raised 
concerns about their potential developmental, reproductive, and 
systemic toxicity (Refs. 6, 7, and 8).
    Toxicology studies show that PFOS, as measured in its anionic form, 
is well absorbed orally and distributes primarily to the serum and 
liver. It does not appear to be further metabolized. Elimination from 
the body is slow and occurs via both urine and feces. Serum PFOS levels 
in three retired male 3M Company chemical workers have been tracked and 
suggest a mean elimination half-life in humans of approximately 4 years 
(Ref. 8). Epidemiologic studies have shown an association between PFOS 
exposure and the incidence of

[[Page 12314]]

bladder cancer, although further work is needed (Ref. 15).
    Studies on PFOS generally indicate moderate toxicity to 
environmental species (fish, aquatic plants and invertebrates, 
amphibians and birds), although in the case of honey bees, high 
toxicity was observed (Ref. 15).

C. What are the Uses and Production Levels of these Chemicals?

    The Agency believes that the 183 PFAS chemicals included in this 
proposal are no longer being manufactured for any uses in the United 
States, except possibly for excepted uses under 40 CFR 721.9582(a)(3). 
As mentioned in Unit II.A., EPA is soliciting comment on the need for 
the excepted uses for the chemicals listed in Table 3 of the proposed 
regulatory text. 3M Company, the principal domestic manufacturer of 
PFAS chemicals, has publicly committed to using perfluorobutane 
sulfonate (PFBS) (a four carbon (C4) based PFAS) instead of PFOS or 
other PFAS chemicals in its products (Ref. 5). The Agency has no 
indication that the PFAS chemicals covered by this proposal are in 
commercial production for any use; however, there could be instances 
where these chemicals are produced in amounts that fall below any 
reporting thresholds, e.g., under the Inventory Update Rule at 40 CFR 
part 710, and therefore EPA would be unaware of their production.
    PFOS and related sulfonyl-based fluorochemicals, which are a subset 
of the overall PFAS category of chemicals and are included in 40 CFR 
721.9582, were used in a variety of products, which can be divided into 
three main use categories: surface treatments, paper protection, and 
performance chemicals (Ref. 12). In the past, PFAS chemicals in the 
performance chemicals category were used in a wide variety of 
specialized industrial, commercial, and consumer applications. Specific 
applications included fire fighting 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. 12). In 2000, the domestic production volume of the PFAS 
chemicals containing eight carbons (C8) for the performance chemicals 
use category was estimated to be approximately 1.5 million pounds (Ref. 
13).
    The 3M Company discontinued manufacture of some specific PFAS and 
related chemicals as of 2002. The Agency is aware that PFAS and PFAS-
related chemicals have been produced by and/or imported from companies 
located in countries outside of the United States, including Italy, 
Belgium, Germany, Norway, Poland, and Switzerland, among others, and 
that many other companies have sold PFAS-related products (Ref. 14). 
The Agency is not aware of any uses or imports in the United States of 
the remaining PFAS chemicals on the Inventory. Comments generated by 
this document will enable EPA to determine if any remaining uses exist.

D. Why is EPA Taking this Action?

    EPA believes that the manufacture or import for any use of the PFAS 
chemicals listed in Table 3 of the proposed regulatory text occurring 
after the 3M Company's global phase-out dates would significantly 
increase the magnitude and duration of exposure to humans and the 
environment to these chemicals. Given the similarity of the chemicals 
in this proposal to the PFAS chemicals covered under 40 CFR 721.9582 
and the health and environmental concerns described in this unit, EPA 
believes that action on these PFAS chemicals is warranted.

IV. Determining a Significant New Use

    Section 5(a)(2) of TSCA requires 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.
    EPA construes the statute to allow consideration of any other 
relevant factors, in addition to those enumerated in section 5(a)(2)(A) 
through (D).
    To determine what would constitute a significant new use of the 
PFAS chemicals listed in Table 3 of the proposed regulatory text, EPA 
considered relevant information about the toxicity, exposure, and 
environmental effects of the substances as well as the four factors 
listed in section 5(a)(2) of TSCA.
    As described in Unit III., EPA has concerns regarding the 
reproductive and subchronic toxicity, persistence, and bioaccumulative 
potential of the chemical substances that are included in this proposed 
SNUR. Any use of these PFAS chemicals would continue to add to the 
reservoir of PFASA in the environment, resulting in additional human/
animal exposure.
    Furthermore, the specific perfluoroalkylsulfonyl fluoride (PASF) 
precursors required to manufacture the PFAS chemicals included in this 
proposal are no longer being manufactured and 3M Company, the principal 
U.S. manufacturer of PFAS chemicals, has committed to using 
perfluorobutane sulfonate (PFBS) (a four carbon (C4) based PFAS). The 
Agency is also not aware of any uses or imports in the United States of 
the PFAS chemicals included in this proposal.
    Available information indicates that there is no ongoing 
manufacture, import, or use of these PFAS chemicals in the United 
States. Therefore, any manufacture, import, or use of these chemicals, 
apart from the excepted uses, if determined to be ongoing based on 
comments received on this proposed rule or other information, would be 
considered a significant new use.
    Considering EPA's concerns about the toxicity and bioaccumulation 
potential of the chemicals, EPA believes that individuals and the 
environment could suffer adverse effects from their use. Since 
indications are that manufacturing and importing have ceased, with the 
possible exception of the four excepted uses, EPA believes that any new 
manufacture, import, or use of these chemicals would significantly 
increase the production volume and the magnitude and duration of 
exposure of human beings and the environment to these chemical 
substances. Consequently, EPA wants the opportunity to evaluate and 
control, if appropriate, exposures associated with those activities.
    Based on these considerations, EPA is pursuing the following 
objectives with regard to the use of the chemicals listed in Table 3 of 
the proposed regulatory text:
     EPA wants to ensure that it would receive notice of any 
person's intent to manufacture or import the listed chemicals for any 
designated new use before that activity begins.
     EPA wants to ensure that it would have the opportunity to 
review and evaluate data submitted in a SNUN before the notice 
submitter begins manufacturing or importing the chemicals for any 
designated new use.

[[Page 12315]]

     The required notice will provide EPA the opportunity to 
evaluate intended significant new uses and associated activities before 
they occur and, if necessary, to prohibit or limit those activities.

V. Test Data and Other Information

    EPA recognizes that section 5 of TSCA does not require the 
development of any particular test data before submission of a SNUN. 
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).
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs that provide detailed information on:
     Human exposure and environmental releases that may result 
from the significant new use of the chemical substance.
     Potential benefits of the chemical substance.
     Information on hazards and risks posed by the chemical 
substance relative to hazards and risks posed by potential substitutes.
    Submitters should consider including with a SNUN any other 
available studies on the chemical substances or studies on analogous 
substances that may demonstrate that the significant new uses being 
reported are unlikely to present an unreasonable risk.
    In view of the potential risks posed by these chemicals, potential 
SNUN submitters should include data that would permit a reasoned 
evaluation of risks posed by these chemicals. EPA encourages persons to 
consult with the Agency before submitting a SNUN for these substances. 
As part of this optional pre-notice consultation, EPA would discuss 
specific data it believes would be useful in evaluating a significant 
new use. A SNUN submitted without sufficient data to reasonably 
evaluate risks posed by a significant new use of one of the listed 
chemicals may increase the likelihood that EPA will take action under 
TSCA section 5(e) to prohibit or limit activities associated with these 
chemicals.

VI. SNUN Submissions

    SNUNs should be mailed to the Environmental Protection Agency, OPPT 
Document Control Office (7407M), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. Information must be submitted in the form 
and manner set forth in EPA Form No. 7710-25. This form is available 
from the Environmental Assistance Division (7408M), OPPT, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001 (see 40 CFR 721.25(a) and 720.40(a)(2)(i)).

VII. Alternatives

    Before proposing this SNUR, EPA considered promulgating a TSCA 
section 8(a) reporting rule for the listed chemicals. Under such a 
rule, EPA could generally require any person to report information to 
the Agency when they intend to manufacture, import, or process a listed 
chemical. However, in the case of these particular substances, the use 
of TSCA section 8(a) rather than SNUR authority would have several 
drawbacks. First, EPA would not be able to take immediate follow-up 
regulatory action under TSCA sections 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 the 
chemicals listed in Table 3 of the proposed regulatory text, EPA 
believes that a TSCA section 8(a) rule for these substances would not 
meet EPA's regulatory objectives.

VIII. Applicability of Proposed 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 believes that the intent of TSCA section 5(a)(1)(B) is best 
served by designating a use as a ``significant new use'' as of the 
proposal date of the SNUR, rather than as of the effective date of the 
final rule. If uses begun after publication of the proposed SNUR were 
considered to be ongoing rather than new, it would be difficult for EPA 
to establish notification requirements, because any person could defeat 
the SNUR by initiating the proposed significant new use before the 
proposed rule became final.
    Any person who begins commercial manufacture or import for any use 
of any of the chemical substances listed in Table 3 of the proposed 
regulatory text after publication of this proposed SNUR must stop such 
activity before the effective date of the final rule. All persons will 
have to meet all SNUR notice requirements and wait until the end of the 
notice review period, including all extensions, before engaging in any 
activities designated as significant new uses. If, however, persons who 
begin commercial manufacture or import of any of the chemical 
substances listed in Table 3 of the proposed regulatory text between 
the proposal and the effective date of the final SNUR meet the 
conditions of advance compliance as codified at 40 CFR 721.45(h), those 
persons would be considered to have met the requirements of the final 
SNUR for those activities.

IX. Issue for Comment

    EPA is especially interested in comments on whether there is any 
current manufacture or import of any of the chemicals listed in Table 3 
of the proposed regulatory text, including for the uses that would be 
excepted as proposed in accordance with 40 CFR 721.9582(a)(2)(iii). The 
Agency is not aware of any uses or imports in the United States of the 
remaining PFAS chemicals on the Inventory. Comments generated by this 
document will enable EPA to determine if any remaining uses exist, and 
therefore the need for the proposed, or other, exemptions, based on 
manufacture or import for an ongoing use.

X. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers, including 
importers, of the chemical substances who would be subject to the final 
rule. While there is no precise way to calculate the total annual cost 
of compliance with the final rule, EPA estimates that the reporting 
cost for submitting a SNUN is $7,267, including a $2,500 user fee (Ref. 
16). EPA believes that there will be few, if any, SNUNs submitted. 
EPA's complete economic analysis is available in the public docket for 
this proposed rule (Ref. 16).
    Under section 12(b) of TSCA, 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. Notice must be provided for the first export or intended 
export to a particular country in a calendar year. In an economic 
analysis of an amendment to the rules implementing TSCA section 12(b), 
EPA estimated that the one-time cost of preparing and submitting an 
export notification was $62.60 in 1992, or $93.02 when inflated to 2003 
dollars by a factor of approximately 1.5, from the Employment Cost 
Index for White Collar Occupations. The total costs of export 
notification will vary by chemical, depending on the number of required 
notifications (i.e., the number of countries to which the chemical is 
exported). EPA is unable to make any estimate of the likely number of 
export notifications for chemicals covered in this SNUR (Ref. 16).

[[Page 12316]]

XI. References

    The public docket for this action, EPA-HQ-OPPT-2005-0015, currently 
includes the following documents:
    1. USEPA. ``Perfluorooctyl Sulfonates; Proposed Significant New Use 
Rule.'' 65 FR 62319, October 11, 2000.
    2. USEPA. ``Perfluoroalkyl Sulfonates; Significant New Use Rule, 
Final Rule.'' 67 FR 11008, March 11, 2002.
    3. USEPA. ``Perfluoroalkyl Sulfonates; Proposed Significant New Use 
Rule, Supplemental proposed rule.'' 67 FR 11014, March 11, 2002.
    4. USEPA. ``Perfluoroalkyl Sulfonates; Significant New Use Rule, 
Final Rule.'' 67 FR 72854, December 9, 2002.
    5. 3M Company. Technical Data Bulletin: Environmental, Health, 
Safety, and Regulatory (EHSR) Profile of Perfluorobutane Sulfonate 
(PFBS), July 2002.
    6. 3M Company. Sulfonated Perfluorochemicals in the Environment: 
Sources, Dispersion, Fate, and Effects. St. Paul, Minnesota, March 1, 
2000.
    7. 3M Company. The Science of Organic Fluorochemistry. St. Paul, 
Minnesota, February 5, 1999.
    8. 3M Company. Perfluorooctane Sulfonate: Current Summary of Human 
Sera, Health and Toxicology Data. St. Paul, Minnesota, January 21, 
1999.
    9. Kudo, Naomi, et.al. ``Comparison of the Elimination Between 
Perfluorinated Fatty Acids with Different Carbon Chain Lengths in 
Rats.'' Chemico-Biological Interactions. Volume 134(2), 2001, pp. 203-
216.
    10. Goeke-Flora, Carol M. and Nicholas V. Reo. ``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), 1996, pp. 689-695.
    11. Dixon, David A. ``Fluorochemical Decomposition Processes,'' 
Theory, Modeling, and Simulation, William R. Wiley Environmental 
Molecular Sciences Laboratory, Pacific Northwest National Laboratory, 
Richland Washington, April 4, 2001.
    12. 3M Company. Fluorochemical Use, Distribution, and Release 
Overview. St. Paul, Minnesota, May 26, 1999.
    13. Weppner, William A., 3M Company. Phase-Out Plan for POSF-Based 
Products, St. Paul, Minnesota, July 7, 2000.
    14. Organization for Economic Cooperation and Development (OECD), 
Environment Directorate. Results of Survey on Production and Use of 
PFOS, PFAS and PFOA-Related Substances and Products/Mixtures Containing 
these Substances. ENV/JM/MONO(2005)1. January 13, 2005, pp. 33-45.
    15. Organization for Economic Cooperation and Development (OECD), 
Environment Directorate. ``Hazard Assessment of Perfluorooctane 
Sulfonate (PFOS) and its Salts,'' ENV/JM/RD(2002)17/FINAL, November, 
21, 2002.
    16. USEPA. ``Economic Analysis of the Proposed Significant New Use 
Rule for 183 Perfluoroalkyl Sulfonates.'' Washington, DC: U.S. EPA/
OPPT/EETD/EPAB, November 3, 2005.

XII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has determined that this proposed SNUR is not a 
``significant regulatory action'' because this rule does not meet the 
criteria in section 3(f) of the Executive Order.

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., an Agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the CFR, after appearing in the Federal 
Register, are listed in 40 CFR part 9, and included on the related 
collection instrument or form, if applicable.
    The information collection requirements related to this action have 
already been approved by OMB pursuant to the PRA under OMB control 
number 2070-0038 (EPA ICR No. 1188). This action does not impose any 
burden requiring additional OMB approval. The burden for submitting a 
SNUN is estimated to average 107 hours per submission. This burden 
estimate includes the time needed to review instructions, search 
existing data sources, gather and maintain the data needed, and 
complete, review, and submit the required SNUN.
    Send any comments about the accuracy of the burden estimate, and 
any suggested methods for minimizing respondent burden, including 
through the use of automated collection techniques, to the Director, 
Collection Strategies Division, Office of Environmental Information 
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. Please remember to include the OMB control 
number in any correspondence, but do not submit any completed forms to 
this address.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation 
of this SNUR would not have a significant adverse economic impact on a 
substantial number of small entities. The rationale supporting this 
conclusion is as follows. A SNUR applies to any person (including small 
or large entities) who intends to engage in any activity described in 
the rule as a ``significant new use.'' By definition of the word 
``new,'' and based on all information currently available to EPA, it 
appears that no small or large entities presently engage in such 
activity. Because a SNUR requires only that any person who intends to 
engage in such activity in the future must first notify EPA by 
submitting a SNUN, no economic impact would even occur until someone 
decides to engage in those activities. Although some small entities may 
decide to conduct such activities in the future, EPA cannot presently 
determine how many, if any, there may be. However, EPA's experience to 
date is that, in response to the promulgation of over 1,000 SNURs, the 
Agency receives on average only 10 SNUNs per year. Of those SNUNs 
submitted, none appear to be from small entities in response to any 
SNUR. In addition, the estimated reporting cost for submission of a 
SNUN (see Unit X.), are minimal regardless of the size of the firm. 
Therefore, EPA believes that the potential economic impact of complying 
with this SNUR is not expected to be significant nor adversely impact a 
substantial number of small entities. In a SNUR that published on June 
2, 1997 (62 FR 29684) (FRL-5597-1), the Agency presented its general 
determination that proposed and final SNURs are not expected to have a 
significant economic impact on a substantial number of small entities, 
which was provided to the Chief Counsel for Advocacy of the Small 
Business Administration.

D. Unfunded Mandates Reform Act

    Based on EPA's experience with proposing and finalizing SNURs, 
State, local, and Tribal governments have not been impacted by these 
rulemakings, and EPA does not have any reason to believe that any 
State, local, or Tribal government would be impacted by this 
rulemaking. As such, EPA has determined that this regulatory action 
would not impose any enforceable duty,

[[Page 12317]]

contain any unfunded mandate, or otherwise have any affect on small 
governments subject to the requirements of sections 202, 203, 204, or 
205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-
4).

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, entitled 
Federalism (64 FR 43255, August 10, 1999).

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

    This proposed rule would not have Tribal implications because it is 
not expected to have substantial direct effects on Indian Tribes. This 
proposed rule would not significantly or uniquely affect the 
communities of Indian Tribal governments, nor would it involve or 
impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000), do not apply to this proposed rule.

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

    This action is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this is not an economically 
significant regulatory action as defined by Executive Order 12866, and 
this action does not address environmental health or safety risks 
disproportionately affecting children.

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

    This proposed rule is not subject to Executive Order 13211, 
entitled Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use (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

    In addition, since this action does not involve any technical 
standards, section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 
U.S.C. 272 note), does not apply to this action.

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

    This action does not entail special considerations of environmental 
justice related issues as delineated by Executive Order 12898, entitled 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

K. Executive Order 12988: Civil Justice Reform

    In issuing this proposed rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988, entitled Civil Justice Reform (61 
FR 4729, February 7, 1996).

List of Subjects in 40 CFR Part 721

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


    Dated: February 28, 2006.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
    Therefore, it is proposed that 40 CFR part 721 be amended as 
follows:

PART 721--[AMENDED]

    1. The authority citation for part 721 would continue to read as 
follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).
    2. Section 721.9582 is amended as follows:
    a. By revising the text of paragraph (a)(1).
    b. By adding a Table 3 to paragraph (a)(1).
    c. By revising paragraphs (a)(2) and (a)(3).


Sec.  721.9582  Certain perfluoroalkyl sulfonates.

    (a) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances listed in Table 1, Table 2, and 
Table 3 of this section are subject to reporting under this section for 
the significant new uses described in paragraph (a)(2) of this section.
* * * * *

                     Table 3--PFAS Chemicals Subject to Reporting on or After April 10, 2006
----------------------------------------------------------------------------------------------------------------
                CAS No.                        CAS Ninth Collective Index Name                   C No.
----------------------------------------------------------------------------------------------------------------
179005-06-2                              Sulfonamides, C4-8-alkane, perfluoro, N-[3-  C4-C8
                                          (dimethyloxidoamino)propyl], potassium
                                          salts
----------------------------------------------------------------------------------------------------------------
148240-81-7                              Fatty acids, C18-unsatd., trimers, 2-        C5
                                          [methyl[(undecafluoropentyl)sulfonyl]amino
                                          ]ethyl esters
----------------------------------------------------------------------------------------------------------------
95590-48-0                               2-Propenoic acid, 2-methyl-, 3-              C8
                                          (trimethoxysilyl)propyl ester, polymer
                                          with ethenylbenzene, 2-
                                          [ethyl[(heptadecafluorooctyl)sulfonyl]amin
                                          o]ethyl 2-propenoate and 2-hydroxyethyl 2-
                                          propenoate
----------------------------------------------------------------------------------------------------------------
73772-34-6                               1-Hexanesulfonamide, N-[3-                   C6
                                          (dimethylamino)propyl]-
                                          1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-
                                          [2-[2-(2- hydroxyethoxy)ethoxy]ethyl]-
----------------------------------------------------------------------------------------------------------------
73772-33-5                               1-Hexanesulfonamide, N-[3-                   C6
                                          (dimethylamino)propyl]-
                                          1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-,
                                          monoacetate
----------------------------------------------------------------------------------------------------------------
73275-59-9                               2-Propenoic acid, 2-                         C8
                                          [[(heptadecafluorooctyl)sulfonyl]propylami
                                          no]ethyl ester, polymer with a-(2-methyl-1-
                                          oxo-2-propenyl)-w-butoxypoly[oxy(methyl-
                                          1,2-ethanediyl)]
----------------------------------------------------------------------------------------------------------------

[[Page 12318]]

 
73038-33-2                               2-Propenoic acid, 2-                         C8
                                          [[(heptadecafluorooctyl)sulfonyl]propylami
                                          no]ethyl ester, polymer with methyloxirane
                                          polymer with oxirane mono(2-methyl-2-
                                          propenoate)
----------------------------------------------------------------------------------------------------------------
73019-28-0                               2-Propenoic acid, 2-                         C8
                                          [[(heptadecafluorooctyl)sulfonyl]propylami
                                          no]ethyl ester, polymer with a-(2-methyl-1-
                                          oxo-2-propenyl)-w-methoxypoly(oxy-1,2-
                                          ethanediyl) (9CI)
----------------------------------------------------------------------------------------------------------------
73019-20-2                               1,3-Benzenedicarboxamide, N3-[2-             C8
                                          [[(heptadecafluorooctyl)sulfonyl]methylami
                                          no]ethyl]-N1-[2-
                                          [[(heptadecafluorooctyl)sulfonyl]propylami
                                          no]ethyl]-4-methyl-
----------------------------------------------------------------------------------------------------------------
73019-19-9                               Benzamide, 4-[[4-[[[2-                       C8
                                          [[(heptadecafluorooctyl)sulfonyl]propylami
                                          no]ethyl]amino]carbonyl]phenyl]methyl]-N-
                                          octadecyl-
----------------------------------------------------------------------------------------------------------------
73018-93-6                               2-Propenoic acid, 2-methyl-, 2-ethylhexyl    C8
                                          ester, polymer with 2-
                                          [[(heptadecafluorooctyl)sulfonyl]methylami
                                          no]ethyl 2-propenoate
----------------------------------------------------------------------------------------------------------------
72785-08-1                               1-Propanesulfonic acid, 3-[[3-               C8
                                          (dimethylamino)propyl][(heptadecafluorooct
                                          yl)sulfonyl]amino]-
----------------------------------------------------------------------------------------------------------------
71463-81-5                               Phosphonic acid, [3-                         C7
                                          [ethyl[(pentadecafluoroheptyl)sulfonyl]ami
                                          no]propyl]-, diethyl ester
----------------------------------------------------------------------------------------------------------------
71463-80-4                               Phosphonic acid, [3-                         C8
                                          [ethyl[(heptadecafluorooctyl)sulfonyl]amin
                                          o]propyl]-, diethyl ester
----------------------------------------------------------------------------------------------------------------
71463-79-1                               Phosphonic acid, [3-                         C7
                                          [ethyl[(pentadecafluoroheptyl)sulfonyl]ami
                                          no]propyl]-
----------------------------------------------------------------------------------------------------------------
71463-78-0                               Phosphonic acid, [3-                         C8
                                          [ethyl[(heptadecafluorooctyl)sulfonyl]amin
                                          o]propyl]-
----------------------------------------------------------------------------------------------------------------
71463-74-6                               1-Octanesulfonic acid,                       C8
                                          1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                          heptadecafluoro-, compd. with piperidine
                                          (1:1)
----------------------------------------------------------------------------------------------------------------
70900-40-2                               2-Propenoic acid, 2-methyl-, 2-[[[[5-[[[4-   C4-C8
                                          [[(heptadecafluorooctyl)sulfonyl]methylami
                                          no]butoxy]carbonyl]amino]-2-
                                          methylphenyl]amino]carbonyl]oxy]propyl
                                          ester, telomer with butyl 2-propenoate, 2-
                                          [[(heptadecafluorooctyl)sulfonyl]methylami
                                          no]ethyl 2-propenoate,
----------------------------------------------------------------------------------------------------------------
70248-52-1                               1-Propanaminium, N,N,N-trimethyl-3-          C6
                                          [[(tridecafluorohexyl)sulfonyl]amino]-,
                                          sulfate (2:1)
----------------------------------------------------------------------------------------------------------------
70225-26-2                               1-Propanaminium, 3-                          C8
                                          [[(heptadecafluorooctyl)sulfonyl]amino]-
                                          N,N,N- trimethyl-, sulfate (2:1)
----------------------------------------------------------------------------------------------------------------
70225-24-0                               1-Propanaminium, N,N,N-trimethyl-3-          C5
                                          [[(undecafluoropentyl)sulfonyl]amino]-,
                                          sulfate (2:1)
----------------------------------------------------------------------------------------------------------------
70225-20-6                               1-Propanaminium, N,N,N-trimethyl-3-          C7
                                          [[(pentadecafluoroheptyl)sulfonyl]amino]-,
                                          sulfate (2:1)
----------------------------------------------------------------------------------------------------------------
70225-17-1                               1-Pentanesulfonic acid,                      C5
                                          1,1,2,2,3,3,4,4,5,5,5-undecafluoro-,
                                          compd. with 2,2'-iminobis[ethanol] (1:1)
----------------------------------------------------------------------------------------------------------------
70225-16-0                               1-Hexanesulfonic acid,                       C6
                                          1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-,
                                          compd. with 2,2'-iminobis[ethanol] (1:1)
----------------------------------------------------------------------------------------------------------------
70225-15-9                               1-Heptanesulfonic acid,                      C7
                                          1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                          pentadecafluoro-, compd. with 2,2'-
                                          iminobis[ethanol] (1:1)
----------------------------------------------------------------------------------------------------------------
68958-60-1                               Poly(oxy-1,2-ethanediyl), alpha-[2-          C7
                                          [ethyl[(pentadecafluoroheptyl)sulfonyl]ami
                                          no]ethyl]-omega-methoxy-
----------------------------------------------------------------------------------------------------------------
68957-63-1                               Glycine, N-ethyl-N-                          C7
                                          [(pentadecafluoroheptyl)sulfonyl]-
----------------------------------------------------------------------------------------------------------------
68957-62-0                               1-Heptanesulfonamide, N-ethyl-               C7
                                          1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                          pentadecafluoro-
----------------------------------------------------------------------------------------------------------------
68957-61-9                               1-Hexanesulfonamide, N-[3-                   C6
                                          (dimethylamino)propyl]-
                                          1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-,
                                          monohydrochloride
----------------------------------------------------------------------------------------------------------------
68957-60-8                               1-Pentanesulfonamide, N-[3-                  C5
                                          (dimethylamino)propyl]-
                                          1,1,2,2,3,3,4,4,5,5,5-undecafluoro-,
                                          monohydrochloride
----------------------------------------------------------------------------------------------------------------
68957-58-4                               1-Propanaminium, N,N,N-trimethyl-3-          C6
                                          [[(tridecafluorohexyl)sulfonyl]amino]-,
                                          iodide
----------------------------------------------------------------------------------------------------------------
68957-57-3                               1-Propanaminium, N,N,N-trimethyl-3-          C5
                                          [[(undecafluoropentyl)sulfonyl]amino]-,
                                          iodide
----------------------------------------------------------------------------------------------------------------

[[Page 12319]]

 
68957-55-1                               1-Propanaminium, N,N,N-trimethyl-3-          C5
                                          [[(undecafluoropentyl)sulfonyl]amino]-,
                                          chloride
----------------------------------------------------------------------------------------------------------------
68957-54-0                               Glycine, N-ethyl-N-                          C7
                                          [(pentadecafluoroheptyl)sulfonyl]-, ethyl
                                          ester
----------------------------------------------------------------------------------------------------------------
68957-53-9                               Glycine, N-ethyl-N-                          C6
                                          [(tridecafluorohexyl)sulfonyl]-, ethyl
                                          ester
----------------------------------------------------------------------------------------------------------------
68957-32-4                               Glycine, N-ethyl-N-                          C6
                                          [(tridecafluorohexyl)sulfonyl]-
----------------------------------------------------------------------------------------------------------------
68957-31-3                               Glycine, N-ethyl-N-                          C5
                                          [(undecafluoropentyl)sulfonyl]-
----------------------------------------------------------------------------------------------------------------
68891-99-6                               Chromium, diaquatetrachloro[mu-[N-ethyl-N-   C5
                                          [(undecafluoropentyl)sulfonyl]glycinato-
                                          kO:kO']]-mu-hydroxybis(2-propanol)di-
----------------------------------------------------------------------------------------------------------------
68891-98-5                               Chromium, diaquatetrachloro[mu-[N-ethyl-N-   C6
                                          [(tridecafluorohexyl)sulfonyl]glycinato-
                                          kO:kO']]-mu-hydroxybis(2-propanol)di-
----------------------------------------------------------------------------------------------------------------
68891-97-4                               Chromium, diaquatetrachloro[mu-[N-ethyl-N-   C7
                                          [(pentadecafluoroheptyl)sulfonyl]glycinato-
                                          kO:kO']]-mu-hydroxybis(2-propanol)-
----------------------------------------------------------------------------------------------------------------
68877-32-7                               2-Propenoic acid, 2-methyl-, 2-              C4-C8
                                          [ethyl[(heptadecafluorooctyl)sulfonyl]amin
                                          o]ethyl ester, polymer with 2-
                                          [ethyl[(nonafluorobutyl)sulfonyl]amino]eth
                                          yl 2-methyl-2-propenoate, 2-
                                          [ethyl[(pentadecafluoroheptyl)sulfonyl]ami
                                          no]ethyl 2-methyl-2-propenoate, 2-[
----------------------------------------------------------------------------------------------------------------
68815-72-5                               Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-    C6
                                          [[(tridecafluorohexyl)sulfonyl]oxy]phenyl]
                                          amino]carbonyl]-, monopotassium salt
----------------------------------------------------------------------------------------------------------------
68797-76-2                               2-Propenoic acid, 2-methyl-, 2-ethylhexyl    C4-C8
                                          ester, polymer with 2-
                                          [[(heptadecafluorooctyl)sulfonyl]methylami
                                          no]ethyl 2-propenoate, 2-
                                          [methyl[(nonafluorobutyl)sulfonyl]amino]et
                                          hyl 2-propenoate, 2-
                                          [methyl[(pentadecafluoroheptyl)sulfonyl]am
                                          ino]ethyl 2-pr
----------------------------------------------------------------------------------------------------------------
68608-13-9                               Sulfonamides, C4-8-alkane, perfluoro, N-     C4-C8
                                          ethyl-N-(hydroxyethyl), reaction products
                                          with TDI
----------------------------------------------------------------------------------------------------------------
68568-77-4
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