Perfluoroalkyl Sulfonates; Significant New Use Rule, 57222-57235 [E7-19828]
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as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that the listing
action and the final determination will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it increases the
level of environmental protection to
populations in affected ozone
nonattainment areas without having any
disproportionately high and adverse
human health or environmental effects
on any populations, including any
minority or low-income populations.
The purpose of section 183(e) is to
obtain VOC emission reductions to
assist in the attainment of the ozone
NAAQS. The health and environmental
risks associated with ozone were
considered in the establishment of the
ozone NAAQS. The level is designed to
be protective of the public with an
adequate margin of safety. EPA’s listing
of the products and its determination
that CTGs are substantially as effective
as regulations are actions intended to
help States achieve the NAAQS in the
most appropriate fashion.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this notice and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the notice
in the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective October 9, 2007.
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List of Subjects in 40 CFR Part 59
Air pollution control, Consumer and
commercial products, Confidential
business information, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
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Dated: September 28, 2007.
Stephen L. Johnson,
Administrator.
For the reasons stated in the preamble,
title 40, chapter I of the Code of Federal
Regulations is amended as follows:
I
PART 59—[AMENDED]
1. The authority citation for part 59
continues to read as follows:
I
Authority: 42 U.S.C. 7414 and 7511b(e).
Subpart A—General
2. Section 59.1 is revised to read as
follows:
I
§ 59.1 Final determinations under section
183(e)(3)(C) of the Clean Air Act.
This section identifies the consumer
and commercial product categories for
which EPA has determined that control
techniques guidelines (CTGs) will be
substantially as effective as regulations
in reducing volatile organic compound
(VOC) emissions in ozone
nonattainment areas:
(a) Wood furniture coatings;
(b) Aerospace coatings;
(c) Shipbuilding and repair coatings;
(d) Lithographic printing materials;
(e) Letterpress printing materials;
(f) Flexible packaging printing
materials;
(g) Flat wood paneling coatings;
(h) Industrial cleaning solvents;
(i) Paper, film, and foil coatings;
(j) Metal furniture coatings; and
(k) Large appliance coatings.
[FR Doc. E7–19627 Filed 10–5–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2005–0015; FRL–8150–4]
RIN 2070–AJ18
Perfluoroalkyl Sulfonates; Significant
New Use Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is amending a significant
new use rule (SNUR) under section
5(a)(2) of the Toxic Substances Control
Act (TSCA) to include certain additional
perfluoroalkyl sulfonate (PFAS)
chemicals. EPA is amending the PFAS
SNUR at 40 CFR 721.9582 by adding a
new Table 3 which includes the PFAS
chemicals currently on the public TSCA
Inventory that are not already covered
by the SNUR. This rule requires
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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 for the significant
new uses described in this document on
or after November 8, 2007. EPA believes
that this action is appropriate because
these chemical substances may be
hazardous to human health and the
environment. This 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: This final rule is effective
November 8, 2007.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2005–0015. All documents in the
docket are listed in the docket index
available in regulations.gov. To access
the electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically at
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. The telephone number
of the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
FOR FURTHER INFORMATION CONTACT: For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
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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:
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I. Does this Action Apply to Me?
You may be potentially affected by
this action if you manufacture or import
any of the chemical substances that are
listed in Table 3 of the regulatory text.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Persons who import
any chemical substance governed by a
final SNUR are subject to the TSCA
section 13 (15 U.S.C. 2612) import
certification requirements and the
corresponding regulations at 19 CFR
12.118 through 12.127 and 127.28.
Those persons must certify that the
shipment of the chemical substance
complies with all applicable rules and
orders under TSCA, including any
SNUR requirements. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. In
addition, any persons who export or
intend to export a chemical substance
that is the subject of this rule 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) or chemical
exporters of one or more of the subject
chemical substances (NAICS codes 325
and 324110), e.g., chemical
manufacturing and petroleum refineries.
• Establishments (NAICS code
332813), e.g., primarily engaged in
electroplating, plating, anodizing,
coloring, buffing, polishing, cleaning,
and sandblasting metals and metal
products.
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
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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
described 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.
II. Background
In the Federal Register of March 10,
2006 (71 FR 12311) (FRL–7740–6), EPA
proposed to add 183 PFAS chemicals to
the SNUR at 40 CFR 721.9582. The 183
chemicals being added to the SNUR are
listed in Table 3 in the regulatory text
of this document. The chemicals listed
in Table 3 are on the public TSCA
Inventory and have the characteristic
PFAS chemical structure of a
perfluorinated carbon chain (Rf) greater
than, or equal to, C5 attached to an SO2
group connected to the rest of the
molecule. In addition, the proposal also
included those chemicals with Rf ranges
of perfluorinated carbon chains shorter
than C5, and greater than C5, for
example, C4–C12 and C6–C12. In this
SNUR, this PFAS chemical structure is
referred to as the Rf moiety. EPA
believed the action was 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. of the
March 10, 2006 document. EPA also
proposed 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.
A. What Action is the Agency Taking?
The Agency is designating as a
‘‘significant new use’’ the manufacture,
including import, of the chemical
substances listed in Table 3 of the
regulatory text, for any use, except for
the excluded uses described in this unit.
Based on comments received during the
public comment period and related
communications, EPA learned of an
ongoing use of seven PFAS chemicals as
a component of an etchant used in the
plating process to produce electronic
devices. Consequently, that use has
been excluded from this SNUR for those
seven chemicals. See § 721.9582(a)(5) or
the discussion in this unit of the
significant new uses for a list of those
chemicals.
In addition, the public comments
described the ongoing use of PFAS
chemicals as a fume/mist suppressant in
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metal finishing and plating baths.
However, based on searches of the
Internet which generated information on
PFAS from the Organization for
Economic Cooperation and
Development (OECD), industry, and
information from the California Air
Resources Board (Refs. 1 and 2), EPA
has concluded that only one chemical in
Table 3, tetraethylammonium
perfluorooctanesulfonate (CAS No.
56773–42–3), is used in this application.
Therefore, EPA has excluded that use of
this chemical from this SNUR. However,
EPA remains concerned about this use,
because at least two commenters to this
SNUR noted that small quantities of this
PFAS surfactant are released in the
routine renewal of the plating baths. In
addition, since the close of the public
comment period, EPA has learned from
a 2007 survey by Minnesota of over 30
wastewater treatment plants that PFOS,
which is the anionic counterion of this
PFAS surfactant, is appearing in
wastewater treatment plant influent,
effluent, and sludge associated with the
fume/mist suppressant use in metal
finishing and plating baths. As a result
of these concerns, although outside the
scope of this rule, EPA will continue to
work with state agencies and industry to
identify best management practices for
minimizing the release of this PFAS
surfactant.
A chemical fume (or mist)
suppressant refers to any chemical agent
that reduces or suppresses fumes or
mists at the surface of an electroplating
bath or solution. Chemical fume
suppressants are ‘‘surface-active’’
compounds that can be added directly
to a chrome plate acid bath to reduce or
control misting (Ref. 3). PFAS chemicals
are effective fume suppressants because
of their surfactant properties. Fume
suppressants act by reducing the plating
bath surface tension which then inhibits
misting. Misting occurs when bubbles
break free of a liquid bath’s surface and
burst in the air. When the surface
tension of a bath is lowered, as occurs
with the use of PFAS fume
suppressants, gases escape at the surface
of the plating bath solution with less of
a ‘‘bursting’’ effect, forming less mist
(Ref. 4). Such fume suppressants, as
opposed to other chemical surfactants,
are used in the plating industry because
the PFAS fume suppressant is able to
withstand the harsh conditions of
plating baths while lowering the plating
bath surface tension to levels specified
by current regulatory standards (Ref. 5).
While several of these PFAS chemicals
were developed for this use, only one is
being used currently.
The plating fume suppressant that
contains tetraethylammonium
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perfluorooctanesulfonate (CAS No.
56773–42–3) to reduce surface tension
is different than the types of fume
suppressants used in the plating
industry that produce a foam blanket,
and which can be used alone or in
conjunction with PFAS fume
suppressants.
This rule requires persons to notify
EPA at least 90 days before commencing
the manufacture (including import) of
the chemical substances identified in
Table 3 of the regulatory text for any
use, except:
• 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 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.
• Use of: 1-Pentanesulfonic acid,
1,1,2,2,3,3,4,4,5,5,5-undecafluoro-,
potassium salt (CAS No. 3872–25–1);
Glycine, N-ethyl-N[(tridecafluorohexyl)sulfonyl]-,
potassium salt (CAS No. 67584–53–6);
Glycine, N-ethyl-N[(pentadecafluoroheptyl)sulfonyl]-,
potassium salt (CAS No. 67584–62–7);
1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,
5,5,6,6,7,7,7-pentadecafluoro-,
ammonium salt (CAS No. 68259–07–4);
1-Heptanesulfonamide, N-ethyl-1,1,
2,2,3,3,4,4,5,5,6,6,7,7,7pentadecafluoro- (CAS No. 68957–62–
0); Poly(oxy-1,2-ethanediyl), .alpha.-[2[ethyl[(pentadecafluoroheptyl)
sulfonyl]amino]ethyl]-.omega.-methoxy(CAS No. 68958–60–1); or 1Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,
5,6,6,6-tridecafluoro-, compd. with 2,2′iminobis[ethanol] (1:1) (CAS No. 70225–
16–0) as a component of an etchant,
including a surfactant or fume
suppressant, used in the plating process
to produce electronic devices.
• Use of tetraethylammonium
perfluorooctanesulfonate (CAS No.
56773–42–3) as a fume/mist suppressant
in metal finishing and plating baths.
Examples of such metal finishing and
plating baths include: Hard chrome
plating; decorative chromium plating;
chromic acid anodizing; nickel,
cadmium, or lead plating; metal plating
on plastics; and alkaline zinc plating.
• Use as an intermediate only to
produce other chemical substances to be
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used solely for the uses listed in bullets
1, 2, or 3 of this unit.
B. What is the Agency’s Authority for
Taking this Action?
Section 5(a)(2) of TSCA (15 U.S.C.
2604(a)(2)) authorizes EPA to determine
that a use of a chemical substance is a
‘‘significant new use.’’ EPA must make
this determination by rule after
considering all relevant factors,
including those listed in TSCA section
5(a)(2). Once EPA determines that a use
of a chemical substance is a significant
new use, TSCA section 5(a)(1)(B)
requires persons to submit a Significant
New Use Notice (SNUN) to EPA at least
90 days before they manufacture,
import, or process the chemical
substance for that use (15 U.S.C.
2604(a)(1)(B)). The mechanism for
reporting under this requirement is
established under 40 CFR 721.5.
C. Applicability of General Provisions
General provisions for SNURs appear
under 40 CFR part 721, subpart A.
These provisions describe persons
subject to the rule, recordkeeping
requirements, exemptions to reporting
requirements, and applicability of the
rule to uses occurring before the
effective date of the final rule.
Provisions relating to user fees appear at
40 CFR part 700. According to 40 CFR
721.1(c), persons subject to this SNUR
must comply with the same notice
requirements and EPA regulatory
procedures as submitters of
Premanufacture Notices (PMNs) under
TSCA section 5(a)(1)(A). In particular,
these requirements include the
information submission requirements of
TSCA section 5(b) and 5(d)(1), the
exemptions authorized by TSCA section
5(h)(1), (h)(2), (h)(3), and (h)(5), and the
regulations at 40 CFR part 720. Once
EPA receives a SNUN, EPA may take
regulatory action under TSCA section
5(e), 5(f), 6 or 7 to control the activities
for which it has received the SNUN. If
EPA does not take action, EPA is
required under TSCA section 5(g) to
explain in the Federal Register its
reasons for not taking action.
Persons who export or intend to
export a chemical substance identified
in 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 import a chemical substance
identified in a final SNUR are subject to
the TSCA section 13 import certification
requirements, which appear at 19 CFR
12.118 through 12.127 and 127.28. Such
persons must certify that the shipment
of the chemical substance complies with
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all applicable rules and orders under
TSCA, including any SNUR
requirements. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B.
III. Objectives and Rationale for this
Final Rule
A. Objectives
Based on the considerations in Unit
III. of the preamble to the proposed
SNUR and in Unit III.B. and Unit IV. of
this preamble, by issuing this SNUR,
EPA will achieve the following
objectives with regard to the significant
new uses that are designated in this
rule:
• EPA will receive notice of any
person’s intent to manufacture or import
any chemical listed in Table 3 of the
regulatory text for the described
significant new use before that activity
begins.
• EPA will have an opportunity to
review and evaluate data submitted in a
SNUN before the notice submitter
begins to manufacture or import any
chemicals listed in Table 3 of the
regulatory text for a significant new use.
• EPA will have an opportunity to
regulate prospective manufacturers or
importers of any chemical listed in
Table 3 of the regulatory text before a
significant new use of the chemical
substance occurs, provided that
regulation is warranted pursuant to
TSCA sections 5(e), 5(f), 6 or 7.
B. Rationale
EPA has concerns regarding adverse
human health and environmental effects
of PFAS. It is highly persistent in the
environment, it tends to bioaccumulate,
and it is toxic. In its voluntary phase-out
of perfluorooctane sulfonate (PFOS) and
PFOS-related products, the 3M
Company, which had been the sole U.S.
manufacturer of the chemicals,
committed to stop production of all
perfluoroalkyl sulfonic acid products
with alkyl chain lengths of C8 or greater.
3M completed its phase-out of PFOS
production in 2002, which led to a
significant reduction in the use of all
PFAS-related substances.
Production of the 183 PFAS
chemicals in Table 3 is limited to the
excluded uses described in 40 CFR
721.9582(a)(3) and in Unit II.A. of this
document. Production volumes and
exposures have been decreasing. Any
manufacture or import for a significant
new use is expected to significantly
increase exposures beyond levels that
now occur. EPA is concerned that
manufacture or import of the PFAS
chemicals listed in Table 3 of the
regulatory text for any uses not
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excluded by this SNUR could be
reinitiated in the future. The notice
required by this SNUR will provide EPA
with additional information to evaluate
activities associated with a significant
new use and to protect against
unreasonable risks, if any, from
exposure to the substances.
IV. Significant New Use Determination
Section 5(a)(2) of TSCA states that
EPA’s determination that a use of a
chemical substance is a significant new
use must be made after consideration of
all relevant factors including:
• The projected volume of
manufacturing and processing of a
chemical substance.
• The extent to which the use
changes the type or form of exposure of
humans or the environment to a
chemical substance.
• The extent to which the 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.
TSCA section 5(a)(2) authorizes EPA
to consider any other relevant factors in
addition to the factors enumerated in
the bulleted items.
To determine what would constitute a
significant new use of a chemical listed
in Table 3 of the regulatory text, EPA
considered relevant information about
the toxicity of the PFAS substances,
likely human exposures and
environmental releases associated with
possible uses, and the four factors listed
in this unit.
As described in Unit III. of the
proposed SNUR, EPA has concerns
regarding the reproductive and
subchronic toxicity, persistence, and
bioaccumulative potential of the
chemical substances that are included
in this SNUR. These concerns lead the
Agency to believe that humans and the
environment could suffer adverse effects
from their use. Any use of these PFAS
chemicals would continue to add to the
reservoir of perfluoroalkyl sulfonic
acids (PFASA) in the environment,
resulting in additional human/
environmental exposure. There is
evidence that PFAS-containing
chemicals degrade to perfluoroalkyl
sulfonic acids (PFASA), which exist in
the anionic form in the environment, or
to PFASA precursors.
The latest information available to
EPA indicates that the chemicals listed
in Table 3 of the regulatory text are no
longer being manufactured for any uses
other than the excluded uses described
in Unit II. of this SNUR. EPA believes
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that reintroduction of PFAS for any use
other than the listed uses EPA has
identified could significantly increase
the production volume, and the
magnitude and duration of exposure to
humans and the environment to these
chemical substances over that which
would otherwise exist. Consequently,
EPA wants the opportunity to evaluate
and control, if appropriate, exposures
associated with those activities before
they occur. Based upon the relevant
factors discussed in this unit, EPA has
determined that the manufacture,
including import, of any of the
chemicals listed in Table 3 of the
regulatory text for any use other than
those described in Unit II., is a
significant new use.
EPA will continue to evaluate the
excluded uses and may pursue
additional regulatory action under
TSCA, if necessary in the future.
V. Test Data and Other Information
TSCA section 5 does not require the
development of any particular test data
before submission of a SNUN. Persons
are required to submit only test data in
their possession or under their control
and to describe any other data known to
or reasonably ascertainable by them (15
U.S.C. 2604(d); 40 CFR 721.25).
In view of the Agency’s concerns
regarding activities associated with the
significant new use(s) of any chemical
listed in Table 3 of the regulatory text,
EPA recommends that SNUN submitters
include data that would permit a
reasoned evaluation of risks posed by
the chemical substance during its
manufacture, import, processing, use,
distribution in commerce, or disposal.
EPA encourages persons to consult with
the Agency before submitting a SNUN.
As part of this optional pre-notice
consultation, EPA would discuss
specific data it believes may be useful
in evaluating a significant new use.
SNUNs submitted for significant new
uses without any test data may increase
the likelihood that EPA will take action
under TSCA section 5(e) to prohibit or
limit activities associated with the
chemical.
SNUN submitters should be aware
that EPA will be better able to evaluate
SNUNs that provide detailed
information on:
• Human exposures and
environmental releases that may result
from the significant new uses of the
chemical substance.
• Potential benefits of the chemical
substance.
• Information on risks posed by the
chemical substance compared to risks
posed by potential substitutes.
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VI. SNUN Submissions
SNUNs must 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), 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001
(see 40 CFR 721.25 and 720.40). Forms
and information are also available
electronically at https://www.epa.gov/
opptintr/newchems/pubs/
pmnforms.htm.
As discussed in Unit V., EPA
recommends that submitters consult
with the Agency prior to submitting a
SNUN to discuss what data may be
useful in evaluating a significant new
use. Discussions with the Agency prior
to submission can afford submitters
ample time to conduct any tests that
might be helpful in evaluating the risks
posed by the substance.
VII. Applicability of Rule to Uses
Occurring Before Effective Date of the
Final Rule
As discussed in the Federal Register
of April 24, 1990 (55 FR 17376), EPA
has decided that the intent of section
5(a)(1)(B) of TSCA is best served by
designating a use as a significant new
use as of the date of publication of the
proposed rule rather than as of the
effective date of the final rule. If uses
begun after publication of the proposed
rule were considered ongoing rather
than new, it would be difficult for EPA
to establish SNUR notice requirements,
because a person could defeat the SNUR
by initiating the proposed significant
new use before the rule became final,
and then argue that the use was ongoing
as of the effective date of the final rule.
Thus, persons who may have begun
commercial manufacture or import of
the chemical substances listed in Table
3 of the regulatory text for the
significant new uses listed in this final
SNUR after the proposal was published
on March 10, 2006, must stop that
activity before the effective date of this
final rule. To resume their activities,
these persons would have to comply
with all applicable SNUR notice
requirements and wait until the notice
review period, including all extensions,
expires. EPA has promulgated
provisions to allow persons to comply
with this SNUR before the effective
date. If a person were to meet the
conditions of advance compliance
under § 721.45(h), that person would be
considered to have met the
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requirements of the final SNUR for
those activities.
VIII. Discussion of the Final Significant
New Use Rule and Response to
Comments
This action finalizes the SNUR
proposed in the Federal Register on
March 10, 2006 (71 FR 12311). On April
10, 2006 (71 FR 18055) (FRL–7779–7),
EPA extended the closing date of the
public comment period from April 10,
2006 to May 10, 2006. On May 10, 2006
(71 FR 27217) (FRL–8068–8), EPA
further extended the closing date of the
comment period from May 10, 2006 to
August 8, 2006.
This final rule requires persons who
intend to manufacture or import any of
the chemical substances listed in Table
3 of the regulatory text for any use other
than those excluded uses described in
Unit II.A. to submit a SNUN at least 90
days before commencing the
manufacture or importation of any of
these chemicals.
It should be noted that, in Table 3,
some of the chemical names are
different from those in the previous
proposed SNUR of March 10, 2006. This
is due to enhancement of the
nomenclature or nomenclature changes
adopted by the Chemical Abstracts
Service (CAS). CAS is now using the
16th Collective Index (known as the
ACI). EPA has updated the previously
used 9th Collective Index names to
reflect the latest changes by CAS. The
CAS numbers and chemicals, however,
remain the same. In some cases, the
extremely long ACI names have been
truncated to save space. Each complete
ACI name is available at the EPA
website in the TSCA Substance Registry
System (SRS) at https://www.epa.gov/srs.
Also, to be consistent with the other
tables already in the SNUR, the order of
the listing has been reversed from the
descending order used in the proposed
SNUR to ascending order used in this
final SNUR.
The Agency reviewed and considered
all comments received related to the
proposed rule. Copies of all non-CBI
comments are available at https://
www.regulations.gov in the public
docket for this action, EPA–HQ–OPPT–
2005–0015. A discussion of the
comments germane to the rulemaking,
and the Agency’s responses, follows.
1. Comment summary. Metal plating
and finishing industries that currently
use specific PFAS chemicals to meet
regulatory standards for hexavalent
chromium (Cr(VI)) emissions
established by Federal and State
regulations need to be excluded from
the SNUR as a current use (similar to
the exclusions for semiconductors and
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imaging products in previously
promulgated SNURs). The releases and
exposures to PFAS associated with the
industry are comparably of much less
concern than those related to nickel (Ni)
and hexavalent chromium (Cr(VI))
which result when PFAS fume
suppressants are not used. In addition,
the economic and competitive liabilities
will cripple this domestic industry if
these chemicals are no longer permitted
to be used. Commenters described their
continuing efforts to find greener, safer
substitutes, but explained that for many
uses there are no viable alternatives.
Commenters said that the metal
finishing industry continues to support
research and development efforts to
identify commercially viable
alternatives to hexavalent chromium
plating chemistries. To date, alternative
technologies show some promise for
niche applications, but have not gained
widespread commercial application due
to: 1) The superior coating performance
in decorative, functional, and corrosion
protection applications for hexavalent
chromium plating; 2) cost effective
applications; 3) broad and flexible
ranges of use; and 4) strong customer/
market preferences for hexavalent
chromium plating.
Response. EPA now recognizes that
the metal plating and finishing
industries currently use a specific PFAS
chemical, tetraethylammonium
perfluorooctanesulfonate (CAS No.
56773–42–3), to meet regulatory
standards for hexavalent chromium
(Cr(VI)) emissions. Thus, EPA has
included this ongoing use of
tetraethylammonium
perfluorooctanesulfonate, as described
in Unit II.A., as an exclusion in this
SNUR, but encourages the continued
exploration for possible substitutes.
2. Comment summary. Several
specific uses of PFAS chemicals within
the semiconductor, integrated circuit,
and microelectronics industries were
excluded from the previous two PFAS
SNURs. The proposed SNUR includes
an additional 183 chemicals that would
affect those same uses in the same
industry sectors, so the exclusions in
the previous two SNURs should apply
to the 183 chemicals listed in this
SNUR. Also, these uses constitute
ongoing uses, not significant new uses.
The semiconductor industry has
supported reduction initiatives and
dialogue through trade associations in
other regions around the world. One
primary locus for reduction initiatives
and dialogue has been the World
Semiconductor Council.
Response. EPA recognizes that these
are ongoing uses, and is therefore not
designating the uses as significant new
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uses of the chemicals listed in Table 3.
EPA is applying the exclusions
described in Unit II.A. to the list of 183
PFAS chemicals in Table 3 of the
regulatory text. EPA appreciates the
efforts the semiconductor, integrated
circuit, and microelectronics industries
have made in their commitment to limit
PFAS usage, to search for alternatives,
and to limit exposures and releases.
3. Comment summary. Several
specific uses of PFAS chemicals within
the photographic film, paper, and
imaging industries were excluded from
the previous two PFAS SNURs. The
proposed SNUR targets a broader list of
183 chemicals for these applications in
the same industry sector. The exclusion
in the previous SNURs should be
applied to the 183 chemicals as well.
Also, these uses constitute ongoing uses,
not significant new uses. Comments also
stated that since concerns were first
raised in 2000, the photographic film,
paper, and imaging industries have
aggressively pursued a voluntary risk
reduction strategy by investing heavily
in research to find alternative
substances that possess the performance
features described earlier for PFAS.
Response. EPA recognizes that these
are ongoing uses, and is therefore not
designating the uses as significant new
uses of the chemicals listed in Table 3.
EPA is applying the current exclusion
described in Unit II.A. to the list of 183
PFAS chemicals in Table 3 of the
regulatory text. EPA appreciates the
efforts the photographic film, paper, and
imaging industries have made in their
commitment to limit PFAS usage, to
search for alternatives, and to limit
exposures and releases.
4. Comment summary. Commenter
requested an explanation of how the 183
chemicals in this SNUR were chosen,
and pointed out that some of the alkyl
ranges covered by the SNUR include
chemicals with the PFAS chemical
structure (Rf moiety) with a C4 chain
length.
Response. EPA proposed that any
PFAS chemical listed on the public
TSCA Inventory that contained the Rf
moiety with a chain length of C5 or
larger as part of the chemical identity
would be subject to the rulemaking
process for this PFAS SNUR based on
the similarity of these chemicals to
those currently included in 40 CFR
721.9582. That decision addresses all
PFAS chemicals on the public inventory
that still remain after the previous two
SNURs and the evidence that
manufacturers have been moving to use
the lower chain length PFAS chemicals.
EPA also included all ranges that
contained > C4 constituents, even when
that lower end of the alkyl chain length
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included C4 composition, in order to
capture the higher homologues,
including C8, as discussed in the
proposed rule.
5. Comment summary. This comment
summary is based on the sanitized
version of a Confidential Business
Information (CBI) comment submitted to
docket ID number EPA–HQ–OPPT–
2005–0015, DCN # 63070000019, as
well as additional information later
provided by the commenter. The
commenter originally indicated that it
uses 13 of the 183 chemicals in/as
various specified applications. The
commenter stated: 1) PFAS substances
are not directly or indirectly introduced
into consumer products; 2) the
exclusions should be applied to the 183
chemicals in Table 3 of the proposed
SNUR; and 3) it uses these chemicals for
a specific use that is different from those
uses that were excluded in previous
SNURs, i.e., as a component of an
etchant, including a surfactant or fume
suppressant, used in the plating process
to produce electronic devices. The
commenter also provided information
for the low risk applications of PFAS in
these uses; e.g., low volume, low
exposure to workers, and low PFAS
content, and product stewardship
accomplishments. The commenter
requested an exclusion based on the
activities being ongoing for use as a
component of an etchant, including a
surfactant or mist/fume suppressant, in
plating processes to produce electronic
devices. The commenter also reduced
the number of chemicals involved in
this ongoing etchant use from thirteen to
seven chemicals.
Response. The Agency now
recognizes the use of the seven
chemicals identified by the commenter
as a component of an etchant used in
the plating process to produce
electronic devices is an ongoing use.
Consequently, the Agency has included
this use of any of the seven chemicals
as an exclusion in the final SNUR.
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IX. Economic Analysis
A. SNUNs
EPA evaluated the potential costs of
establishing SNUR reporting
requirements for potential
manufacturers and importers of the
chemical substances included in Table
3 of the regulatory text. While most
businesses are subject to a $2,500 user
fee required by 40 CFR 700.45(b)(2)(iii),
small businesses with annual sales of
less than $40 million when combined
with those of the parent company (if
any) are subject to a reduced user fee of
$100 (40 CFR 700.45(b)(1)). The cost of
submitting a SNUN, estimated in EPA’s
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Economic Analysis at $7,991, including
the user fee (Ref. 6), will be incurred
only if a company decides to pursue a
significant new use as defined in this
final SNUR. Furthermore, while the
expense of a SNUN and the
uncertainties of possible EPA regulation
may discourage certain innovations, that
impact would be limited because such
factors are unlikely to discourage an
innovation that has high potential value.
EPA’s complete economic analysis is
available in the public docket for this
rule (See docket ID number EPA–HQ–
OPPT–2005–0015).
B. Export Notification
Under section 12(b) of TSCA and
implementing regulations at 40 CFR part
707, subpart D, exporters must notify
EPA if they export or intend to export
a chemical substance or mixture for
which, among other things, a rule has
been proposed or promulgated under
TSCA section 5. On November 14, 2006,
EPA revised the export notification
requirement from an annual to a onetime requirement per each destination
country for each exporter of a chemical
substance subject to TSCA sections
5(a)(2), 5(b), 5(e)(1), and 5(e)(2)
(November 14, 2006, 71 FR 66234)
(FRL–8101–3). Previous to this
amendment, exporters were required to
submit a notice the first time in the
calendar year they exported a particular
chemical to a particular country.
Notifications must include the
exporter’s name and address, the
chemical name, the date(s) of export or
intended export, the importing country
(or countries), and the section of TSCA
under which EPA has taken action. 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).
In the report, Final Economic
Analysis of the Amendments to TSCA
Section 12(b) Export Notification
Requirements (Ref. 7), it estimated the
one-time export notification cost for an
exporter making 25 submissions in a
year to be $1,076. For a single
notification, the cost would be $43.04
($1,076/25). This supersedes an earlier
1992 EPA estimate that the one-time
cost of preparing and submitting an
export notification was $62.60, and the
subsequent update of that figure for
inflation which was included in the
economic analysis for the proposed
SNUR.
The total costs of export notification
will vary per chemical, depending on
the number of required notifications
(i.e., number of countries to which the
chemical is exported). EPA is unable to
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57227
make any estimate of the likely number
of export notifications for chemicals
covered in this SNUR.
X. References
1. California Air Resources Board,
Barrera, Robert. E-mail dated May 1,
2006, 03:58 p.m. to Amy Breedlove,
EPA/OPPT.
2. EPA/OPPT. Internet Sources on
tetraethylammonium
perfluoroalkylsulfonate: Selective
results of internet searches done by
Amy Breedlove, March 9, 2007 and
March 19, 2007.
3. EPA. Capsule Report: Hard Chrome
Fume Suppressants and Control
Technologies. EPA/625/R–98/002,
December 1998.
4. EPA. National Emission Standards
for Hazardous Air Pollutants; Proposed
Standards for Chromium Emissions
From Hard and Decorative Chromium
Electroplating and Chromium
Anodizing Tanks. Federal Register (58
FR 65768, December 16, 1993), p.
65779.
5. Comments submitted to EPA from
the Surface Finishing Industry Council
on proposed SNUR for PFAS, August 8,
2006 (see document EPA–HQ–OPPT–
2005–0015–0024.1 available on-line at
https://www.regulations.gov).
6. EPA 2007. Economic Analysis of
the Final Significant New Use Rule for
183 Perfluoroalkyl Sulfonates, August
20, 2007.
7. EPA 2005. Final Economic Analysis
of the Amendments to TSCA Section
12(b) Export Notification Requirements,
August 2006 (see document EPA–HQ–
OPPT–2005–0058–0017 available online at https://www.regulations.gov).
XI. Statutory and Executive Order
Reviews
A. Executive Order 12866
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 SNUR
is not a ‘‘significant regulatory action’’
subject to review by OMB, because it
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 codified
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in chapter 40 of the CFR, after appearing
in the preamble of the final rule, are
listed in 40 CFR part 9, are displayed
either by publication in the Federal
Register or by other appropriate means,
such as on the related collection
instrument or form, if applicable. The
display of OMB control numbers in
certain EPA regulations is consolidated
in 40 CFR part 9. For the ICR activity
contained in this final rule, in addition
to displaying the applicable OMB
control number in this unit, the OMB
control number assigned to this ICR
activity is already included in the table
in 40 CFR 9.1.
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, at an estimated cost of
$5,491. 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. This burden estimate
does not include the $2,500 user fee for
submission of a SNUN ($100 for
businesses with less than $40 million in
annual sales).
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.
mstockstill on PROD1PC66 with RULES
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 factual
basis for the Agency’s determination is
presented in the small entity impact
analysis prepared as part of the
economic analysis for this rule (Ref. 6),
which is summarized in Unit IX., and a
copy of which is available in the docket
for this rulemaking. The following is a
brief summary of the factual basis for
this certification.
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Under the RFA, small entities include
small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of
today’s rule on small entities, small
entity is defined in accordance with the
RFA as: (1) A small business as defined
by the Small Business Administration’s
(SBA) regulations at 13 CFR 121.201; (2)
a small governmental jurisdiction that is
a government of a city, county, town,
school district, or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
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 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 IX.), is minimal regardless of
the size of the entity. 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
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rulemaking. As such, EPA has
determined that this regulatory action
would not impose any enforceable duty,
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
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
This rule would not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes. This 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 rule.
G. Executive Order 13045
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
This 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 and
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.
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J. Executive Order 12898
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).
XII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
Agency promulgating the rule must
submit a rule report to each House of
the Congress and the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: September 27, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR part 721 is
amended as follows:
I
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
I
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
57229
2. Section 721.9582 is amended as
follows:
a. By revising the introductory text of
paragraph (a)(1).
b. By adding Table 3 to paragraph
(a)(1).
c. By revising paragraphs (a)(2) and
(a)(3).
d. By adding paragraphs (a)(4) and
(a)(5).
I
§ 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 NOVEMBER 8, 2007.
CAS No.
CAS Sixteenth Collective Index Name
Cyclohexanesulfonic acid, 1,2,2,3,3,4,5,5,6,6-decafluoro-4-(1,1,2,2,2-pentafluoroethyl)-, potassium salt (1:1)
335–71–7
1-Heptanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-
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-
335–97–7
1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-2-propen-1-yl-
355–03–3
Cyclohexanesulfonyl fluoride, 1,2,2,3,3,4,4,5,5,6,6-undecafluoro-
355–46–4
1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
375–81–5
1-Pentanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
375–92–8
1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-
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-propen-1-yl-
1869–77–8
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]-, ethyl ester
1893–52–3
2-Propenoic acid, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]ethyl ester
2263–09–4
1-Octanesulfonamide, N-butyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-
2706–91–4
1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
2965–52–8
1-Octanesulfonamide,
heptadecafluoro-
2991–50–6
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]-
2991–52–8
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]-, ammonium salt (1:1)
3107–18–4
Cyclohexanesulfonic acid, 1,2,2,3,3,4,4,5,5,6,6-undecafluoro-, potassium salt (1:1)
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]-
3871–50–9
mstockstill on PROD1PC66 with RULES
335–24–0
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]-, sodium salt (1:1)
3871–99–6
1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, potassium salt (1:1)
3872–25–1
1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, potassium salt (1:1)
13417–01–1
1-Octanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
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16:15 Oct 05, 2007
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PO 00000
N,N′-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
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TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER NOVEMBER 8, 2007.—Continued
CAS No.
CAS Sixteenth Collective Index Name
Carbamic
acid,
N,N′-(4-methyl-1,3-phenylene)bis-,
heptadecafluorooctyl)sulfonyl]amino]ethyl] ester
24924–36–5
1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-2-propen-1-yl-
34455–03–3
1-Hexanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-
37338–48–0
Poly[oxy(methyl-1,2-ethanediyl)],
heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-hydroxy-
38850–52–1
1-Propanaminium,
inner salt
38850–60–1
1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]-
50598–28–2
1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
50598–29–3
1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(phenylmethyl)-
51032–47–4
Benzenesulfonic acid, [[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]methyl]-, sodium salt
(1:1)
52032–20–9
Poly(oxy-1,2-ethanediyl),
heptadecafluorooctyl)sulfonyl]methylamino]carbonyl]-.omega.-butoxy-
52166–82–2
1-Propanaminium, N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]-, chloride (1:1)
52550–45–5
Poly(oxy-1,2-ethanediyl),
heptadecafluorooctyl)sulfonyl]propylamino]ethyl]-.omega.-hydroxy-
55910–10–6
Glycine, N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]-N-propyl-, potassium salt (1:1)
56372–23–7
Poly(oxy-1,2-ethanediyl),
hydroxy-
56773–42–3
Ethanaminium, N,N,N-triethyl-, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1-octanesulfonate (1:1)
58920–31–3
2-Propenoic acid, 4-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]methylamino]butyl ester
59071–10–2
2-Propenoic acid, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl ester
60270–55–5
1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, potassium salt (1:1)
61577–14–8
2-Propenoic
ester
acid,
2-methyl-,
66008–68–2
2-Propenoic
ester
acid,
2-[[(2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11-eicosafluoroundecyl)sulfonyl]methylamino]ethyl
66008–69–3
2-Propenoic acid, 2-[[(2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-heptadecafluorononyl)sulfonyl]methylamino]ethyl ester
66008–70–6
2-Propenoic acid, 2-[methyl[(2,2,3,3,4,4,5,5,6,6,7,7,7-tridecafluoroheptyl)sulfonyl]amino]ethyl ester
67584–48–9
1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-2-propen-1-yl-
67584–49–0
1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-2-propen-1-yl-
67584–50–3
1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[3-(trichlorosilyl)propyl]-
67584–52–5
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]-, potassium salt (1:1)
67584–53–6
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]-, potassium salt (1:1)
67584–54–7
1-Heptanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-
67584–56–9
mstockstill on PROD1PC66 with RULES
21055–88–9
2-Propenoic acid, 2-[methyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]ethyl ester
67584–57–0
2-Propenoic acid, 2-[methyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]ethyl ester
67584–58–1
1-Propanaminium,
(1:1)
67584–60–5
2-Propenoic acid, 2-methyl-, 2-[methyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]ethyl ester
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16:15 Oct 05, 2007
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C,C′-bis[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
.alpha.-[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
3-[(carboxymethyl)[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]-N,N,N-trimethyl-,
.alpha.-[[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
.alpha.-[2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
.alpha.-[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]ethyl]-.omega.-
4-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]methylamino]butyl
N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]-,
PO 00000
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57231
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TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER NOVEMBER 8, 2007.—Continued
CAS No.
CAS Sixteenth Collective Index Name
2-Propenoic acid, 2-methyl-, 2-[methyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]ethyl ester
67584–62–7
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]-, potassium salt (1:1)
67906–38–1
2-Propenoic acid, 2-methyl-, 4-[methyl[(1,1,2,2,3,3,4,4,5,5,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]butyl ester
67906–40–5
2-Propenoic acid, 2-methyl-, 4-[methyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]butyl ester
67906–41–6
1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-2-propen-1-yl-
67906–70–1
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]ethyl ester
67906–71–2
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]ethyl ester, polymer
with octadecyl 2-propenoate and 2-propenoic acid
67906–73–4
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]ethyl ester
67906–74–5
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]ethyl ester, polymer with
octadecyl 2-propenoate and 2-propenoic acid
67923–61–9
1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[2-(phosphonooxy)ethyl]-
67939–36–0
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl ester
67939–37–1
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl ester,
polymer with octadecyl 2-propenoate and 2-propenoic acid
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]-
67939–61–1
2-Propenoic acid, 2-methyl-, 4-[methyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]butyl ester
67939–87–1
1-Pentanesulfonamide, N,N′-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
67939–88–2
1-Octanesulfonamide,
(1:1)
67939–90–6
1-Pentanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-[2-(phosphonooxy)ethyl]-
67939–92–8
1-Hexanesulfonamide, N,N′-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
67939–93–9
1-Heptanesulfonamide,
pentadecafluoro-
N,N′-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
67939–94–0
1-Heptanesulfonamide,
pentadecafluoro-
N,N′,N’’-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
67939–96–2
2-Propenoic acid, 2-methyl-, 2-[methyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl ester
67939–97–3
1-Heptanesulfonamide,
N,N′-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7pentadecafluoro-, ammonium salt (1:1)
67939–98–4
1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[2-(phosphonooxy)ethyl]-, ammonium
salt (1:2)
67940–02–7
1-Heptanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, hydrochloride (1:1)
67969–65–7
1-Hexanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-[2-(phosphonooxy)ethyl]-
68081–83–4
Carbamic acid, N,N′-(4-methyl-1,3-phenylene)bis-, bis[2-[ethyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl] ester
68084–62–8
2-Propenoic acid, 2-[methyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl ester
68156–00–3
Cyclohexanesulfonyl fluoride, nonafluorobis(trifluoromethyl)-
68156–06–9
mstockstill on PROD1PC66 with RULES
67584–61–6
Cyclohexanesulfonyl fluoride, decafluoro(1,1,2,2,2-pentafluoroethyl)-
68156–07–0
Cyclohexanesulfonic acid, decafluoro(trifluoromethyl)-, potassium salt (1:1)
68227–87–2
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]ethyl ester,
telomer
with
2-[ethyl[(1,1,2,2,3,3,4,4,4-nonafluorobutyl)sulfonyl]amino]ethyl
2-methyl-2-propenoate,
2[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ethyl
VerDate Aug<31>2005
16:15 Oct 05, 2007
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N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-,
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57232
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TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER NOVEMBER 8, 2007.—Continued
CAS No.
CAS Sixteenth Collective Index Name
2-Propenoic acid, 2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer
with 2-[methyl[(1,1,2,2,3,3,4,4,4-nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, .alpha.-(2-methyl-1-oxo-2propen-1-yl)-.omega.-hydroxypoly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-2-propen-1-yl)-.omega.
68227–96–3
2-Propenoic
acid,
butyl
ester,
telomer
with
2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluorooctyl)sulfonyl]methylamino]ethyl
2-propenoate,
2-[methyl[(1,1,2,2,3,3,4,4,4nonafluorobutyl)sulfonyl]amino]ethyl
2-propenoate,
.alpha.-(2-methyl-1-oxo-2-propen-1-yl)-.omega.hydroxypoly(oxy-1,4-butanediyl), .alpha.-(2-methyl
68227–97–4
2-Propenoic acid, 4-[methyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]butyl ester
68227–98–5
2-Propenoic acid, 4-[methyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]butyl ester
68227–99–6
2-Propenoic acid, 4-[methyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]butyl ester
68228–00–2
2-Propenoic
acid,
ethyl
ester,
polymer
with
4-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluorooctyl)sulfonyl]methylamino]butyl
2-propenoate,
4-[methyl[(1,1,2,2,3,3,4,4,4nonafluorobutyl)sulfonyl]amino]butyl
2-propenoate,
.alpha.-(2-methyl-1-oxo-2-propen-1-yl)-.omega.hydroxypoly(oxy-1,4-butanediyl), .alpha.-(2-methyl
68239–72–5
1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(4-hydroxybutyl)-N-methyl-
68239–73–6
1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(4-hydroxybutyl)-N-methyl-
68239–74–7
1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(4-hydroxybutyl)-N-methyl-
68239–75–8
1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[3-(trimethoxysilyl)propyl]-
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-
68259–07–4
1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, ammonium salt (1:1)
68259–08–5
1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, ammonium salt (1:1)
68259–09–6
1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, ammonium salt (1:1)
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-
68259–14–3
1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-methyl-
68259–15–4
1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-methyl-
68259–38–1
Poly[oxy(methyl-1,2-ethanediyl)],
.omega.-hydroxy-
68259–39–2
Poly[oxy(methyl-1,2-ethanediyl)],
pentadecafluoroheptyl)sulfonyl]amino]ethyl]-.omega.-hydroxy-
68298–06–6
2-Propenoic acid, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]ethyl ester
68298–08–8
1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(phenylmethyl)-
68298–09–9
1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(phenylmethyl)-
68298–10–2
1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(phenylmethyl)-
68298–11–3
1-Propanaminium,
3-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl](3-sulfopropyl)amino]-N-(2-hydroxyethyl)-N,N-dimethyl-, inner salt
68298–13–5
1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-methyl-
68298–60–2
2-Propenoic acid, 2-[butyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl ester
68298–78–2
mstockstill on PROD1PC66 with RULES
68227–94–1
2-Propenoic
acid,
2-methyl-,
2-[[[[5-[[[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluorooctyl)sulfonyl]amino]ethoxy]carbonyl]amino]-2-methylphenyl]amino]carbonyl]oxy]propyl
ester,
telomer with butyl 2-propenoate, 2-[[[[5-[[[2-[ethyl[(1,1,2,2,3,3,4,4,4-nonafluorobutyl)sulfonyl]amino]ethoxy]carbon
68298–80–6
Poly(oxy-1,2-ethanediyl),
hydroxy-
.alpha.-[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]ethyl]-.omega.-
68298–81–7
Poly(oxy-1,2-ethanediyl),
.omega.-hydroxy-
.alpha.-[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl]-
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.alpha.-[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]ethyl]-
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.alpha.-[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
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TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER NOVEMBER 8, 2007.—Continued
CAS No.
CAS Sixteenth Collective Index Name
1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(4-hydroxybutyl)-N-methyl-
68299–20–7
Benzenesulfonic acid, [[[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]methyl]-, sodium salt (1:1)
68299–21–8
Benzenesulfonic acid, [[[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]methyl]-, sodium salt (1:1)
68299–29–6
Benzenesulfonic acid, ar-[[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]methyl]-, sodium salt
(1:1)
68299–39–8
2-Propenoic acid, 2-methyl-, 4-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]methylamino]butyl
ester,
telomer
with
butyl
2-propenoate,
2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluorooctyl)sulfonyl]methylamino]ethyl
2-propenoate,
4-[methyl[(1,1,2,2,3,3,4,4,4nonafluorobutyl)sulfonyl]amino]butyl 2-methyl-2-propeno
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)-
68310–17–8
Poly[oxy(methyl-1,2-ethanediyl)],
.omega.-hydroxy-
68310–75–8
1-Propanaminium, 3-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide,
ammonium salt (1:1:1)
68318–34–3
Cyclohexanesulfonyl fluoride, decafluoro(trifluoromethyl)-
68318–36–5
1-Propanaminium,
3-[(carboxymethyl)[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]-N,N,Ntrimethyl-, inner salt
68391–09–3
Sulfonic acids, C6-12-alkane, perfluoro, potassium salts
68541–01–5
Benzoic
acid,
2,3,4,5-tetrachloro-6-[[[3-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7pentadecafluoroheptyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, potassium salt (1:1)
68541–02–6
Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]oxy]phenyl]amino]carbonyl], potassium salt (1:1)
68555–69–1
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]-, sodium salt (1:1)
68555–70–4
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]-, sodium salt (1:1)
68555–71–5
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]-, sodium salt (1:1)
68555–72–6
1-Pentanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-
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)-
68555–74–8
1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-N-methyl-
68555–75–9
1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-N-methyl-
68555–76–0
1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-N-methyl-
68555–78–2
1-Pentanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
68555–79–3
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]-, ethyl ester
68555–81–7
1-Propanaminium, N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]-, chloride
(1:1)
68568–77–4
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]ethyl ester,
polymer with 2-chloro-1,3-butadiene, 2-[ethyl[(1,1,2,2,3,3,4,4,4-nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2propenoate, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl
68608–13–9
Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with TDI
68797–76–2
mstockstill on PROD1PC66 with RULES
68298–89–5
2-Propenoic
acid,
2-methyl-,
2-ethylhexyl
ester,
polymer
with
2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluorooctyl)sulfonyl]methylamino]ethyl
2-propenoate,
2-[methyl[(1,1,2,2,3,3,4,4,4nonafluorobutyl)sulfonyl]amino]ethyl
2-propenoate,
2-[methyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoa
68815–72–5
Benzoic
acid,
2,3,4,5-tetrachloro-6-[[[3-[[(1,1,2,2,3,3,4,4,5,5,6,6,6tridecafluorohexyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, potassium salt (1:1)
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Fmt 4700
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TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER NOVEMBER 8, 2007.—Continued
CAS No.
CAS Sixteenth Collective Index Name
2-Propenoic acid, 2-methyl-, 2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]ethyl ester,
polymer
with
2-[ethyl[(1,1,2,2,3,3,4,4,4-nonafluorobutyl)sulfonyl]amino]ethyl
2-methyl-2-propenoate,
2[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ethyl
68891–97–4
Chromium, diaquatetrachloro[.mu.-[N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]glycinato.kappa.O:.kappa.O′]]-.mu.-hydroxybis(2-propanol)-
68891–98–5
Chromium,
diaquatetrachloro[.mu.-[N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]glycinato.kappa.O:.kappa.O′]]-.mu.-hydroxybis(2-propanol)di-
68891–99–6
Chromium,
diaquatetrachloro[.mu.-[N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]glycinato.kappa.O:.kappa.O′]]-.mu.-hydroxybis(2-propanol)di-
68957–31–3
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]-
68957–32–4
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]-
68957–53–9
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]-, ethyl ester
68957–54–0
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]-, ethyl ester
68957–55–1
1-Propanaminium, N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]-, chloride (1:1)
68957–57–3
1-Propanaminium, N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]-, iodide (1:1)
68957–58–4
1-Propanaminium, N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]-, iodide (1:1)
68957–60–8
1-Pentanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, hydrochloride (1:1)
68957–61–9
1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, hydrochloride (1:1)
68957–62–0
1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-
68957–63–1
Glycine, N-ethyl-N-[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]-
68958–60–1
Poly(oxy-1,2-ethanediyl),
.omega.-methoxy-
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)
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)
70225–17–1
1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, compd. with 2,2’-iminobis[ethanol] (1:1)
70225–20–6
1-Propanaminium,
(2:1)
70225–24–0
1-Propanaminium, N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]-, sulfate (2:1)
70225–26–2
1-Propanaminium, 3-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8,-heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, sulfate
(2:1)
70248–52–1
1-Propanaminium, N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluorohexyl)sulfonyl]amino]-, sulfate (2:1)
70900–40–2
2-Propenoic
acid,
2-methyl-,
2-[[[[5-[[[4-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluorooctyl)sulfonyl]methylamino]butoxy]carbonyl]amino]-2-methylphenyl]amino]carbonyl]oxy]propyl ester,
telomer
with
butyl
2-propenoate,
2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate,
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)
71463–78–0
Phosphonic acid, P-[3-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]propyl]-
71463–79–1
Phosphonic acid, P-[3-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]propyl]-
71463–80–4
mstockstill on PROD1PC66 with RULES
68877–32–7
Phosphonic
ester
71463–81–5
Phosphonic acid, P-[3-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]propyl]-, diethyl ester
72785–08–1
1-Propanesulfonic
acid,
heptadecafluorooctyl)sulfonyl]amino]-
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acid,
.alpha.-[2-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]ethyl]-
N,N,N-trimethyl-3-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoroheptyl)sulfonyl]amino]-,
P-[3-[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]propyl]-,
PO 00000
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sulfate
diethyl
3-[[3-(dimethylamino)propyl][(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
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57235
TABLE 3—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER NOVEMBER 8, 2007.—Continued
CAS No.
CAS Sixteenth Collective Index Name
2-Propenoic
acid,
2-methyl-,
2-ethylhexyl
ester,
polymer
heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate
73019–19–9
Benzamide,
4-[[4-[[[2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8heptadecafluorooctyl)sulfonyl]propylamino]ethyl]amino]carbonyl]phenyl]methyl]-N-octadecyl-
73019–20–2
1,3-Benzenedicarboxamide, N3-[2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]methylamino]ethyl]N1-[2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]propylamino]ethyl]-4-methyl-
73019–28–0
2-Propenoic acid, 2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer
with .alpha.-(2-methyl-1-oxo-2-propen-1-yl)-.omega.-methoxypoly(oxy-1,2-ethanediyl)
73038–33–2
2-Propenoic acid, 2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer
with 2-methyloxirane polymer with oxirane mono(2-methyl-2-propenoate)
73275–59–9
2-Propenoic acid, 2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer
with .alpha.-(2-methyl-1-oxo-2-propen-1-yl)-.omega.-butoxypoly[oxy(methyl-1,2-ethanediyl)]
73772–33–5
1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, acetate (1:1)
73772–34–6
1-Hexanesulfonamide,
hydroxyethoxy)ethoxy]ethyl]-
95590–48–0
2-Propenoic
acid,
2-methyl-,
3-(trimethoxysilyl)propyl
ester,
polymer
with
ethenylbenzene,
2[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctyl)sulfonyl]amino]ethyl 2-propenoate and 2-hydroxyethyl
2-propenoate
148240–81–7
Fatty acids, C18-unsatd., trimers, 2-[methyl[(1,1,2,2,3,3,4,4,5,5,5-undecafluoropentyl)sulfonyl]amino]ethyl esters
179005–06–2
mstockstill on PROD1PC66 with RULES
73018–93–6
Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts
(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 paragraphs
(a)(3) through (a)(5) 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,
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,
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2-[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-[2-[2-(2-
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.
(4) Manufacture or import of
tetraethylammonium
perfluorooctanesulfonate (CAS No.
56773–42–3) for use as a fume/mist
suppressant in metal finishing and
plating baths shall not be considered as
a significant new use subject to
reporting under this section. Examples
of such metal finishing and plating
baths include: Hard chrome plating;
decorative chromium plating; chromic
acid anodizing; nickel, cadmium, or
lead plating; metal plating on plastics;
and alkaline zinc plating.
(5) Manufacture or import of: 1Pentanesulfonic acid, 1,1,2,2,3,3,4,4,
5,5,5-undecafluoro-, potassium salt
(CAS No. 3872–25–1); Glycine, N-ethyl
-N-[(tridecafluorohexyl)sulfonyl]-,
potassium salt (CAS No. 67584–53–6);
Glycine, N-ethyl-N-[(pentadeca
fluoroheptyl)sulfonyl]-, potassium salt
(CAS No. 67584–62–7); 1Heptanesulfonic acid, 1,1,2,2,3,
3,4,4,5,5,6,6,7,7,7-pentadecafluoro-,
ammonium salt (CAS No. 68259–07–4);
1-Heptanesulfonamide, N-ethyl-1,1,2,
2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-
PO 00000
with
Fmt 4700
Sfmt 4700
(CAS No. 68957–62–0); Poly(oxy-1,2ethanediyl), .alpha.-[2-[ethyl[(pentadeca
fluoroheptyl)sulfonyl]amino]ethyl].omega.-methoxy- (CAS No. 68958–60–
1); or 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) (CAS
No. 70225–16–0) for use as a component
of an etchant, including a surfactant or
fume suppressant, used in the plating
process to produce electronic devices
shall not be considered a significant
new use subject to reporting under this
section.
*
*
*
*
*
[FR Doc. E7–19828 Filed 10–5–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 750 and 761
[EPA–HQ–OPPT–2007–0425; FRL–8150–6]
Transfer of Polychlorinated Biphenyl
Cleanup and Disposal Program from
the Office of Prevention, Pesticides
and Toxic Substances to the Office of
Solid Waste and Emergency Response
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
E:\FR\FM\09OCR1.SGM
09OCR1
Agencies
[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Rules and Regulations]
[Pages 57222-57235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19828]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2005-0015; FRL-8150-4]
RIN 2070-AJ18
Perfluoroalkyl Sulfonates; Significant New Use Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending a significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) to include
certain additional perfluoroalkyl sulfonate (PFAS) chemicals. EPA is
amending the PFAS SNUR at 40 CFR 721.9582 by adding a new Table 3 which
includes the PFAS chemicals currently on the public TSCA Inventory that
are not already covered by the SNUR. This rule requires 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 for the significant new uses described in this
document on or after November 8, 2007. EPA believes that this action is
appropriate because these chemical substances may be hazardous to human
health and the environment. This 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: This final rule is effective November 8, 2007.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2005-0015. All documents in the
docket are listed in the docket index available in regulations.gov. To
access the electronic docket, go to https://www.regulations.gov, select
``Advanced Search,'' then ``Docket Search.'' Insert the docket ID
number where indicated and select the ``Submit'' button. Follow the
instructions on the regulations.gov website to view the docket index or
access available documents. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available electronically at https://www.regulations.gov,
or, if only available in hard copy, at the OPPT Docket. The OPPT Docket
is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal holidays. The telephone number of the
EPA/DC Public Reading Room is (202) 566-1744, and the telephone number
for the OPPT Docket is (202) 566-0280. Docket visitors are required to
show photographic identification, pass through a metal detector, and
sign the EPA visitor log. All visitor bags are processed through an X-
ray machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention
[[Page 57223]]
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. Does this Action Apply to Me?
You may be potentially affected by this action if you manufacture
or import any of the chemical substances that are listed in Table 3 of
the regulatory text. This action may also affect certain entities
through pre-existing import certification and export notification rules
under TSCA. Persons who import any chemical substance governed by a
final SNUR are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements and the corresponding regulations at 19 CFR
12.118 through 12.127 and 127.28. Those persons must certify that the
shipment of the chemical substance complies with all applicable rules
and orders under TSCA, including any SNUR requirements. The EPA policy
in support of import certification appears at 40 CFR part 707, subpart
B. In addition, any persons who export or intend to export a chemical
substance that is the subject of this rule 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) or
chemical exporters of one or more of the subject chemical substances
(NAICS codes 325 and 324110), e.g., chemical manufacturing and
petroleum refineries.
Establishments (NAICS code 332813), e.g., primarily
engaged in electroplating, plating, anodizing, coloring, buffing,
polishing, cleaning, and sandblasting metals and metal products.
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 described 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.
II. Background
In the Federal Register of March 10, 2006 (71 FR 12311) (FRL-7740-
6), EPA proposed to add 183 PFAS chemicals to the SNUR at 40 CFR
721.9582. The 183 chemicals being added to the SNUR are listed in Table
3 in the regulatory text of this document. The chemicals listed in
Table 3 are on the public TSCA Inventory and have the characteristic
PFAS chemical structure of a perfluorinated carbon chain (Rf) greater
than, or equal to, C5 attached to an SO2 group connected to the rest of
the molecule. In addition, the proposal also included those chemicals
with Rf ranges of perfluorinated carbon chains shorter than C5, and
greater than C5, for example, C4-C12 and C6-C12. In this SNUR, this
PFAS chemical structure is referred to as the Rf moiety. EPA believed
the action was 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.
of the March 10, 2006 document. EPA also proposed 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.
A. What Action is the Agency Taking?
The Agency is designating as a ``significant new use'' the
manufacture, including import, of the chemical substances listed in
Table 3 of the regulatory text, for any use, except for the excluded
uses described in this unit. Based on comments received during the
public comment period and related communications, EPA learned of an
ongoing use of seven PFAS chemicals as a component of an etchant used
in the plating process to produce electronic devices. Consequently,
that use has been excluded from this SNUR for those seven chemicals.
See Sec. 721.9582(a)(5) or the discussion in this unit of the
significant new uses for a list of those chemicals.
In addition, the public comments described the ongoing use of PFAS
chemicals as a fume/mist suppressant in metal finishing and plating
baths. However, based on searches of the Internet which generated
information on PFAS from the Organization for Economic Cooperation and
Development (OECD), industry, and information from the California Air
Resources Board (Refs. 1 and 2), EPA has concluded that only one
chemical in Table 3, tetraethylammonium perfluorooctanesulfonate (CAS
No. 56773-42-3), is used in this application. Therefore, EPA has
excluded that use of this chemical from this SNUR. However, EPA remains
concerned about this use, because at least two commenters to this SNUR
noted that small quantities of this PFAS surfactant are released in the
routine renewal of the plating baths. In addition, since the close of
the public comment period, EPA has learned from a 2007 survey by
Minnesota of over 30 wastewater treatment plants that PFOS, which is
the anionic counterion of this PFAS surfactant, is appearing in
wastewater treatment plant influent, effluent, and sludge associated
with the fume/mist suppressant use in metal finishing and plating
baths. As a result of these concerns, although outside the scope of
this rule, EPA will continue to work with state agencies and industry
to identify best management practices for minimizing the release of
this PFAS surfactant.
A chemical fume (or mist) suppressant refers to any chemical agent
that reduces or suppresses fumes or mists at the surface of an
electroplating bath or solution. Chemical fume suppressants are
``surface-active'' compounds that can be added directly to a chrome
plate acid bath to reduce or control misting (Ref. 3). PFAS chemicals
are effective fume suppressants because of their surfactant properties.
Fume suppressants act by reducing the plating bath surface tension
which then inhibits misting. Misting occurs when bubbles break free of
a liquid bath's surface and burst in the air. When the surface tension
of a bath is lowered, as occurs with the use of PFAS fume suppressants,
gases escape at the surface of the plating bath solution with less of a
``bursting'' effect, forming less mist (Ref. 4). Such fume
suppressants, as opposed to other chemical surfactants, are used in the
plating industry because the PFAS fume suppressant is able to withstand
the harsh conditions of plating baths while lowering the plating bath
surface tension to levels specified by current regulatory standards
(Ref. 5). While several of these PFAS chemicals were developed for this
use, only one is being used currently.
The plating fume suppressant that contains tetraethylammonium
[[Page 57224]]
perfluorooctanesulfonate (CAS No. 56773-42-3) to reduce surface tension
is different than the types of fume suppressants used in the plating
industry that produce a foam blanket, and which can be used alone or in
conjunction with PFAS fume suppressants.
This rule requires persons to notify EPA at least 90 days before
commencing the manufacture (including import) of the chemical
substances identified in Table 3 of the regulatory text for any use,
except:
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 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.
Use of: 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-
undecafluoro-, potassium salt (CAS No. 3872-25-1); Glycine, N-ethyl-N-
[(tridecafluorohexyl)sulfonyl]-, potassium salt (CAS No. 67584-53-6);
Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]-, potassium salt
(CAS No. 67584-62-7); 1-Heptanesulfonic acid,
1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, ammonium salt (CAS No.
68259-07-4); 1-Heptanesulfonamide, N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- (CAS No. 68957-62-0);
Poly(oxy-1,2-ethanediyl), .alpha.-[2-
[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]-.omega.-methoxy-
(CAS No. 68958-60-1); or 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) (CAS No. 70225-16-0) as a component of an
etchant, including a surfactant or fume suppressant, used in the
plating process to produce electronic devices.
Use of tetraethylammonium perfluorooctanesulfonate (CAS
No. 56773-42-3) as a fume/mist suppressant in metal finishing and
plating baths. Examples of such metal finishing and plating baths
include: Hard chrome plating; decorative chromium plating; chromic acid
anodizing; nickel, cadmium, or lead plating; metal plating on plastics;
and alkaline zinc plating.
Use as an intermediate only to produce other chemical
substances to be used solely for the uses listed in bullets 1, 2, or 3
of this unit.
B. What is the Agency's Authority for Taking this Action?
Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires persons to submit a Significant
New Use Notice (SNUN) to EPA at least 90 days before they manufacture,
import, or process the chemical substance for that use (15 U.S.C.
2604(a)(1)(B)). The mechanism for reporting under this requirement is
established under 40 CFR 721.5.
C. Applicability of General Provisions
General provisions for SNURs appear under 40 CFR part 721, subpart
A. These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the final
rule. Provisions relating to user fees appear at 40 CFR part 700.
According to 40 CFR 721.1(c), persons subject to this SNUR must comply
with the same notice requirements and EPA regulatory procedures as
submitters of Premanufacture Notices (PMNs) under TSCA section
5(a)(1)(A). In particular, these requirements include the information
submission requirements of TSCA section 5(b) and 5(d)(1), the
exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and
(h)(5), and the regulations at 40 CFR part 720. Once EPA receives a
SNUN, EPA may take regulatory action under TSCA section 5(e), 5(f), 6
or 7 to control the activities for which it has received the SNUN. If
EPA does not take action, EPA is required under TSCA section 5(g) to
explain in the Federal Register its reasons for not taking action.
Persons who export or intend to export a chemical substance
identified in 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 import a chemical substance identified in a final SNUR are
subject to the TSCA section 13 import certification requirements, which
appear at 19 CFR 12.118 through 12.127 and 127.28. Such persons must
certify that the shipment of the chemical substance complies with all
applicable rules and orders under TSCA, including any SNUR
requirements. The EPA policy in support of import certification appears
at 40 CFR part 707, subpart B.
III. Objectives and Rationale for this Final Rule
A. Objectives
Based on the considerations in Unit III. of the preamble to the
proposed SNUR and in Unit III.B. and Unit IV. of this preamble, by
issuing this SNUR, EPA will achieve the following objectives with
regard to the significant new uses that are designated in this rule:
EPA will receive notice of any person's intent to
manufacture or import any chemical listed in Table 3 of the regulatory
text for the described significant new use before that activity begins.
EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins to manufacture
or import any chemicals listed in Table 3 of the regulatory text for a
significant new use.
EPA will have an opportunity to regulate prospective
manufacturers or importers of any chemical listed in Table 3 of the
regulatory text before a significant new use of the chemical substance
occurs, provided that regulation is warranted pursuant to TSCA sections
5(e), 5(f), 6 or 7.
B. Rationale
EPA has concerns regarding adverse human health and environmental
effects of PFAS. It is highly persistent in the environment, it tends
to bioaccumulate, and it is toxic. In its voluntary phase-out of
perfluorooctane sulfonate (PFOS) and PFOS-related products, the 3M
Company, which had been the sole U.S. manufacturer of the chemicals,
committed to stop production of all perfluoroalkyl sulfonic acid
products with alkyl chain lengths of C8 or greater. 3M completed its
phase-out of PFOS production in 2002, which led to a significant
reduction in the use of all PFAS-related substances.
Production of the 183 PFAS chemicals in Table 3 is limited to the
excluded uses described in 40 CFR 721.9582(a)(3) and in Unit II.A. of
this document. Production volumes and exposures have been decreasing.
Any manufacture or import for a significant new use is expected to
significantly increase exposures beyond levels that now occur. EPA is
concerned that manufacture or import of the PFAS chemicals listed in
Table 3 of the regulatory text for any uses not
[[Page 57225]]
excluded by this SNUR could be reinitiated in the future. The notice
required by this SNUR will provide EPA with additional information to
evaluate activities associated with a significant new use and to
protect against unreasonable risks, if any, from exposure to the
substances.
IV. Significant New Use Determination
Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors including:
The projected volume of manufacturing and processing of a
chemical substance.
The extent to which the use changes the type or form of
exposure of humans or the environment to a chemical substance.
The extent to which the 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.
TSCA section 5(a)(2) authorizes EPA to consider any other relevant
factors in addition to the factors enumerated in the bulleted items.
To determine what would constitute a significant new use of a
chemical listed in Table 3 of the regulatory text, EPA considered
relevant information about the toxicity of the PFAS substances, likely
human exposures and environmental releases associated with possible
uses, and the four factors listed in this unit.
As described in Unit III. of the proposed SNUR, EPA has concerns
regarding the reproductive and subchronic toxicity, persistence, and
bioaccumulative potential of the chemical substances that are included
in this SNUR. These concerns lead the Agency to believe that humans and
the environment could suffer adverse effects from their use. Any use of
these PFAS chemicals would continue to add to the reservoir of
perfluoroalkyl sulfonic acids (PFASA) in the environment, resulting in
additional human/environmental exposure. There is evidence that PFAS-
containing chemicals degrade to perfluoroalkyl sulfonic acids (PFASA),
which exist in the anionic form in the environment, or to PFASA
precursors.
The latest information available to EPA indicates that the
chemicals listed in Table 3 of the regulatory text are no longer being
manufactured for any uses other than the excluded uses described in
Unit II. of this SNUR. EPA believes that reintroduction of PFAS for any
use other than the listed uses EPA has identified could significantly
increase the production volume, and the magnitude and duration of
exposure to humans and the environment to these chemical substances
over that which would otherwise exist. Consequently, EPA wants the
opportunity to evaluate and control, if appropriate, exposures
associated with those activities before they occur. Based upon the
relevant factors discussed in this unit, EPA has determined that the
manufacture, including import, of any of the chemicals listed in Table
3 of the regulatory text for any use other than those described in Unit
II., is a significant new use.
EPA will continue to evaluate the excluded uses and may pursue
additional regulatory action under TSCA, if necessary in the future.
V. Test Data and Other Information
TSCA section 5 does not require the development of any particular
test data before submission of a SNUN. Persons are required to submit
only test data in their possession or under their control and to
describe any other data known to or reasonably ascertainable by them
(15 U.S.C. 2604(d); 40 CFR 721.25).
In view of the Agency's concerns regarding activities associated
with the significant new use(s) of any chemical listed in Table 3 of
the regulatory text, EPA recommends that SNUN submitters include data
that would permit a reasoned evaluation of risks posed by the chemical
substance during its manufacture, import, processing, use, distribution
in commerce, or disposal. EPA encourages persons to consult with the
Agency before submitting a SNUN. As part of this optional pre-notice
consultation, EPA would discuss specific data it believes may be useful
in evaluating a significant new use. SNUNs submitted for significant
new uses without any test data may increase the likelihood that EPA
will take action under TSCA section 5(e) to prohibit or limit
activities associated with the chemical.
SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs that provide detailed information on:
Human exposures and environmental releases that may result
from the significant new uses of the chemical substance.
Potential benefits of the chemical substance.
Information on risks posed by the chemical substance
compared to risks posed by potential substitutes.
VI. SNUN Submissions
SNUNs must 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), 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001 (see 40 CFR 721.25 and 720.40).
Forms and information are also available electronically at https://
www.epa.gov/opptintr/newchems/pubs/pmnforms.htm.
As discussed in Unit V., EPA recommends that submitters consult
with the Agency prior to submitting a SNUN to discuss what data may be
useful in evaluating a significant new use. Discussions with the Agency
prior to submission can afford submitters ample time to conduct any
tests that might be helpful in evaluating the risks posed by the
substance.
VII. Applicability of Rule to Uses Occurring Before Effective Date of
the Final Rule
As discussed in the Federal Register of April 24, 1990 (55 FR
17376), EPA has decided that the intent of section 5(a)(1)(B) of TSCA
is best served by designating a use as a significant new use as of the
date of publication of the proposed rule rather than as of the
effective date of the final rule. If uses begun after publication of
the proposed rule were considered ongoing rather than new, it would be
difficult for EPA to establish SNUR notice requirements, because a
person could defeat the SNUR by initiating the proposed significant new
use before the rule became final, and then argue that the use was
ongoing as of the effective date of the final rule. Thus, persons who
may have begun commercial manufacture or import of the chemical
substances listed in Table 3 of the regulatory text for the significant
new uses listed in this final SNUR after the proposal was published on
March 10, 2006, must stop that activity before the effective date of
this final rule. To resume their activities, these persons would have
to comply with all applicable SNUR notice requirements and wait until
the notice review period, including all extensions, expires. EPA has
promulgated provisions to allow persons to comply with this SNUR before
the effective date. If a person were to meet the conditions of advance
compliance under Sec. 721.45(h), that person would be considered to
have met the
[[Page 57226]]
requirements of the final SNUR for those activities.
VIII. Discussion of the Final Significant New Use Rule and Response to
Comments
This action finalizes the SNUR proposed in the Federal Register on
March 10, 2006 (71 FR 12311). On April 10, 2006 (71 FR 18055) (FRL-
7779-7), EPA extended the closing date of the public comment period
from April 10, 2006 to May 10, 2006. On May 10, 2006 (71 FR 27217)
(FRL-8068-8), EPA further extended the closing date of the comment
period from May 10, 2006 to August 8, 2006.
This final rule requires persons who intend to manufacture or
import any of the chemical substances listed in Table 3 of the
regulatory text for any use other than those excluded uses described in
Unit II.A. to submit a SNUN at least 90 days before commencing the
manufacture or importation of any of these chemicals.
It should be noted that, in Table 3, some of the chemical names are
different from those in the previous proposed SNUR of March 10, 2006.
This is due to enhancement of the nomenclature or nomenclature changes
adopted by the Chemical Abstracts Service (CAS). CAS is now using the
16th Collective Index (known as the ACI). EPA has updated the
previously used 9th Collective Index names to reflect the latest
changes by CAS. The CAS numbers and chemicals, however, remain the
same. In some cases, the extremely long ACI names have been truncated
to save space. Each complete ACI name is available at the EPA website
in the TSCA Substance Registry System (SRS) at https://www.epa.gov/srs.
Also, to be consistent with the other tables already in the SNUR, the
order of the listing has been reversed from the descending order used
in the proposed SNUR to ascending order used in this final SNUR.
The Agency reviewed and considered all comments received related to
the proposed rule. Copies of all non-CBI comments are available at
https://www.regulations.gov in the public docket for this action, EPA-
HQ-OPPT-2005-0015. A discussion of the comments germane to the
rulemaking, and the Agency's responses, follows.
1. Comment summary. Metal plating and finishing industries that
currently use specific PFAS chemicals to meet regulatory standards for
hexavalent chromium (Cr(VI)) emissions established by Federal and State
regulations need to be excluded from the SNUR as a current use (similar
to the exclusions for semiconductors and imaging products in previously
promulgated SNURs). The releases and exposures to PFAS associated with
the industry are comparably of much less concern than those related to
nickel (Ni) and hexavalent chromium (Cr(VI)) which result when PFAS
fume suppressants are not used. In addition, the economic and
competitive liabilities will cripple this domestic industry if these
chemicals are no longer permitted to be used. Commenters described
their continuing efforts to find greener, safer substitutes, but
explained that for many uses there are no viable alternatives.
Commenters said that the metal finishing industry continues to support
research and development efforts to identify commercially viable
alternatives to hexavalent chromium plating chemistries. To date,
alternative technologies show some promise for niche applications, but
have not gained widespread commercial application due to: 1) The
superior coating performance in decorative, functional, and corrosion
protection applications for hexavalent chromium plating; 2) cost
effective applications; 3) broad and flexible ranges of use; and 4)
strong customer/market preferences for hexavalent chromium plating.
Response. EPA now recognizes that the metal plating and finishing
industries currently use a specific PFAS chemical, tetraethylammonium
perfluorooctanesulfonate (CAS No. 56773-42-3), to meet regulatory
standards for hexavalent chromium (Cr(VI)) emissions. Thus, EPA has
included this ongoing use of tetraethylammonium
perfluorooctanesulfonate, as described in Unit II.A., as an exclusion
in this SNUR, but encourages the continued exploration for possible
substitutes.
2. Comment summary. Several specific uses of PFAS chemicals within
the semiconductor, integrated circuit, and microelectronics industries
were excluded from the previous two PFAS SNURs. The proposed SNUR
includes an additional 183 chemicals that would affect those same uses
in the same industry sectors, so the exclusions in the previous two
SNURs should apply to the 183 chemicals listed in this SNUR. Also,
these uses constitute ongoing uses, not significant new uses. The
semiconductor industry has supported reduction initiatives and dialogue
through trade associations in other regions around the world. One
primary locus for reduction initiatives and dialogue has been the World
Semiconductor Council.
Response. EPA recognizes that these are ongoing uses, and is
therefore not designating the uses as significant new uses of the
chemicals listed in Table 3. EPA is applying the exclusions described
in Unit II.A. to the list of 183 PFAS chemicals in Table 3 of the
regulatory text. EPA appreciates the efforts the semiconductor,
integrated circuit, and microelectronics industries have made in their
commitment to limit PFAS usage, to search for alternatives, and to
limit exposures and releases.
3. Comment summary. Several specific uses of PFAS chemicals within
the photographic film, paper, and imaging industries were excluded from
the previous two PFAS SNURs. The proposed SNUR targets a broader list
of 183 chemicals for these applications in the same industry sector.
The exclusion in the previous SNURs should be applied to the 183
chemicals as well. Also, these uses constitute ongoing uses, not
significant new uses. Comments also stated that since concerns were
first raised in 2000, the photographic film, paper, and imaging
industries have aggressively pursued a voluntary risk reduction
strategy by investing heavily in research to find alternative
substances that possess the performance features described earlier for
PFAS.
Response. EPA recognizes that these are ongoing uses, and is
therefore not designating the uses as significant new uses of the
chemicals listed in Table 3. EPA is applying the current exclusion
described in Unit II.A. to the list of 183 PFAS chemicals in Table 3 of
the regulatory text. EPA appreciates the efforts the photographic film,
paper, and imaging industries have made in their commitment to limit
PFAS usage, to search for alternatives, and to limit exposures and
releases.
4. Comment summary. Commenter requested an explanation of how the
183 chemicals in this SNUR were chosen, and pointed out that some of
the alkyl ranges covered by the SNUR include chemicals with the PFAS
chemical structure (Rf moiety) with a C4 chain length.
Response. EPA proposed that any PFAS chemical listed on the public
TSCA Inventory that contained the Rf moiety with a chain length of C5
or larger as part of the chemical identity would be subject to the
rulemaking process for this PFAS SNUR based on the similarity of these
chemicals to those currently included in 40 CFR 721.9582. That decision
addresses all PFAS chemicals on the public inventory that still remain
after the previous two SNURs and the evidence that manufacturers have
been moving to use the lower chain length PFAS chemicals. EPA also
included all ranges that contained > C4 constituents, even when that
lower end of the alkyl chain length
[[Page 57227]]
included C4 composition, in order to capture the higher homologues,
including C8, as discussed in the proposed rule.
5. Comment summary. This comment summary is based on the sanitized
version of a Confidential Business Information (CBI) comment submitted
to docket ID number EPA-HQ-OPPT-2005-0015, DCN 63070000019,
as well as additional information later provided by the commenter. The
commenter originally indicated that it uses 13 of the 183 chemicals in/
as various specified applications. The commenter stated: 1) PFAS
substances are not directly or indirectly introduced into consumer
products; 2) the exclusions should be applied to the 183 chemicals in
Table 3 of the proposed SNUR; and 3) it uses these chemicals for a
specific use that is different from those uses that were excluded in
previous SNURs, i.e., as a component of an etchant, including a
surfactant or fume suppressant, used in the plating process to produce
electronic devices. The commenter also provided information for the low
risk applications of PFAS in these uses; e.g., low volume, low exposure
to workers, and low PFAS content, and product stewardship
accomplishments. The commenter requested an exclusion based on the
activities being ongoing for use as a component of an etchant,
including a surfactant or mist/fume suppressant, in plating processes
to produce electronic devices. The commenter also reduced the number of
chemicals involved in this ongoing etchant use from thirteen to seven
chemicals.
Response. The Agency now recognizes the use of the seven chemicals
identified by the commenter as a component of an etchant used in the
plating process to produce electronic devices is an ongoing use.
Consequently, the Agency has included this use of any of the seven
chemicals as an exclusion in the final SNUR.
IX. Economic Analysis
A. SNUNs
EPA evaluated the potential costs of establishing SNUR reporting
requirements for potential manufacturers and importers of the chemical
substances included in Table 3 of the regulatory text. While most
businesses are subject to a $2,500 user fee required by 40 CFR
700.45(b)(2)(iii), small businesses with annual sales of less than $40
million when combined with those of the parent company (if any) are
subject to a reduced user fee of $100 (40 CFR 700.45(b)(1)). The cost
of submitting a SNUN, estimated in EPA's Economic Analysis at $7,991,
including the user fee (Ref. 6), will be incurred only if a company
decides to pursue a significant new use as defined in this final SNUR.
Furthermore, while the expense of a SNUN and the uncertainties of
possible EPA regulation may discourage certain innovations, that impact
would be limited because such factors are unlikely to discourage an
innovation that has high potential value. EPA's complete economic
analysis is available in the public docket for this rule (See docket ID
number EPA-HQ-OPPT-2005-0015).
B. Export Notification
Under section 12(b) of TSCA and implementing regulations at 40 CFR
part 707, subpart D, exporters must notify EPA if they export or intend
to export a chemical substance or mixture for which, among other
things, a rule has been proposed or promulgated under TSCA section 5.
On November 14, 2006, EPA revised the export notification requirement
from an annual to a one-time requirement per each destination country
for each exporter of a chemical substance subject to TSCA sections
5(a)(2), 5(b), 5(e)(1), and 5(e)(2) (November 14, 2006, 71 FR 66234)
(FRL-8101-3). Previous to this amendment, exporters were required to
submit a notice the first time in the calendar year they exported a
particular chemical to a particular country. Notifications must include
the exporter's name and address, the chemical name, the date(s) of
export or intended export, the importing country (or countries), and
the section of TSCA under which EPA has taken action. 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).
In the report, Final Economic Analysis of the Amendments to TSCA
Section 12(b) Export Notification Requirements (Ref. 7), it estimated
the one-time export notification cost for an exporter making 25
submissions in a year to be $1,076. For a single notification, the cost
would be $43.04 ($1,076/25). This supersedes an earlier 1992 EPA
estimate that the one-time cost of preparing and submitting an export
notification was $62.60, and the subsequent update of that figure for
inflation which was included in the economic analysis for the proposed
SNUR.
The total costs of export notification will vary per chemical,
depending on the number of required notifications (i.e., 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.
X. References
1. California Air Resources Board, Barrera, Robert. E-mail dated
May 1, 2006, 03:58 p.m. to Amy Breedlove, EPA/OPPT.
2. EPA/OPPT. Internet Sources on tetraethylammonium
perfluoroalkylsulfonate: Selective results of internet searches done by
Amy Breedlove, March 9, 2007 and March 19, 2007.
3. EPA. Capsule Report: Hard Chrome Fume Suppressants and Control
Technologies. EPA/625/R-98/002, December 1998.
4. EPA. National Emission Standards for Hazardous Air Pollutants;
Proposed Standards for Chromium Emissions From Hard and Decorative
Chromium Electroplating and Chromium Anodizing Tanks. Federal Register
(58 FR 65768, December 16, 1993), p. 65779.
5. Comments submitted to EPA from the Surface Finishing Industry
Council on proposed SNUR for PFAS, August 8, 2006 (see document EPA-HQ-
OPPT-2005-0015-0024.1 available on-line at https://www.regulations.gov).
6. EPA 2007. Economic Analysis of the Final Significant New Use
Rule for 183 Perfluoroalkyl Sulfonates, August 20, 2007.
7. EPA 2005. Final Economic Analysis of the Amendments to TSCA
Section 12(b) Export Notification Requirements, August 2006 (see
document EPA-HQ-OPPT-2005-0058-0017 available on-line at https://
www.regulations.gov).
XI. Statutory and Executive Order Reviews
A. Executive Order 12866
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 SNUR is not a ``significant
regulatory action'' subject to review by OMB, because it 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 codified
[[Page 57228]]
in chapter 40 of the CFR, after appearing in the preamble of the final
rule, are listed in 40 CFR part 9, are displayed either by publication
in the Federal Register or by other appropriate means, such as on the
related collection instrument or form, if applicable. The display of
OMB control numbers in certain EPA regulations is consolidated in 40
CFR part 9. For the ICR activity contained in this final rule, in
addition to displaying the applicable OMB control number in this unit,
the OMB control number assigned to this ICR activity is already
included in the table in 40 CFR 9.1.
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, at an estimated
cost of $5,491. 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. This
burden estimate does not include the $2,500 user fee for submission of
a SNUN ($100 for businesses with less than $40 million in annual
sales).
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 factual basis for the
Agency's determination is presented in the small entity impact analysis
prepared as part of the economic analysis for this rule (Ref. 6), which
is summarized in Unit IX., and a copy of which is available in the
docket for this rulemaking. The following is a brief summary of the
factual basis for this certification.
Under the RFA, small entities include small businesses, small
organizations, and small governmental jurisdictions. For purposes of
assessing the impacts of today's rule on small entities, small entity
is defined in accordance with the RFA as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
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 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 IX.), is minimal
regardless of the size of the entity. 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, 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
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
This rule would not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This 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 rule.
G. Executive Order 13045
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
This 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 and 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.
[[Page 57229]]
J. Executive Order 12898
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).
XII. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: September 27, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
0
Therefore, 40 CFR part 721 is amended as follows:
PART 721--[AMENDED]
0
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
2. Section 721.9582 is amended as follows:
a. By revising the introductory text of paragraph (a)(1).
b. By adding Table 3 to paragraph (a)(1).
c. By revising paragraphs (a)(2) and (a)(3).
d. By adding paragraphs (a)(4) and (a)(5).
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 November 8,
2007.
------------------------------------------------------------------------
CAS No. CAS Sixteenth Collective Index Name
------------------------------------------------------------------------
335-24-0 Cyclohexanesulfonic acid,
1,2,2,3,3,4,5,5,6,6-decafluoro-4-
(1,1,2,2,2-pentafluoroethyl)-,
potassium salt (1:1)
------------------------------------------------------------------------
335-71-7 1-Heptanesulfonyl fluoride,
1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
pentadecafluoro-
------------------------------------------------------------------------
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-
------------------------------------------------------------------------
335-97-7 1-Pentanesulfonamide,
1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
N-2-propen-1-yl-
------------------------------------------------------------------------
355-03-3 Cyclohexanesulfonyl fluoride,
1,2,2,3,3,4,4,5,5,6,6-undecafluoro-
------------------------------------------------------------------------
355-46-4 1-Hexanesulfonic acid,
1,1,2,2,3,3,4,4,5,5,6,6,6-
tridecafluoro-
------------------------------------------------------------------------
375-81-5 1-Pentanesulfonyl fluoride,
1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
------------------------------------------------------------------------
375-92-8 1-Heptanesulfonic acid,
1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
pentadecafluoro-
------------------------------------------------------------------------
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-propen-1-yl-
------------------------------------------------------------------------
1869-77-8 Glycine, N-ethyl-N-
[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,
8-heptadecafluorooctyl)sulfonyl]-,
ethyl ester
------------------------------------------------------------------------
1893-52-3 2-Propenoic acid, 2-
[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-
tridecafluorohexyl)sulfonyl]amino]
ethyl ester
------------------------------------------------------------------------
2263-09-4 1-Octanesulfonamide, N-butyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-N-(2-hydroxyethyl)-
------------------------------------------------------------------------
2706-91-4 1-Pentanesulfonic acid,
1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
------------------------------------------------------------------------
2965-52-8 1-Octanesulfonamide, N,N'-
[phosphinicobis(oxy-2,1-
ethanediyl)]bis[N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-
------------------------------------------------------------------------
2991-50-6 Glycine, N-ethyl-N-
[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,
8-heptadecafluorooctyl)sulfonyl]-
------------------------------------------------------------------------
2991-52-8 Glycine, N-ethyl-N-
[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,
8-heptadecafluorooctyl)sulfonyl]-,
ammonium salt (1:1)
------------------------------------------------------------------------
3107-18-4 Cyclohexanesulfonic acid,
1,2,2,3,3,4,4,5,5,6,6-undecafluoro-
, potassium salt (1:1)
------------------------------------------------------------------------
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]-
------------------------------------------------------------------------
3871-50-9 Glycine, N-ethyl-N-
[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,
8-heptadecafluorooctyl)sulfonyl]-,
sodium salt (1:1)
------------------------------------------------------------------------
3871-99-6 1-Hexanesulfonic acid,
1,1,2,2,3,3,4,4,5,5,6,6,6-
tridecafluoro-, potassium salt
(1:1)
------------------------------------------------------------------------
3872-25-1 1-Pentanesulfonic acid,
1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
, potassium salt (1:1)
------------------------------------------------------------------------
13417-01-1 1-Octanesulfonamide, N-[3-
(dimethylamino)propyl]-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-
------------------------------------------------------------------------
[[Page 57230]]
21055-88-9 Carbamic acid, N,N'-(4-methyl-1,3-
phenylene)bis-, C,C'-bis[2-
[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,
7,8,8,8-
heptadecafluorooctyl)sulfonyl]amin
o]ethyl] ester
------------------------------------------------------------------------
24924-36-5 1-Octanesulfonamide, N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-N-2-propen-1-yl-
------------------------------------------------------------------------
34455-03-3 1-Hexanesulfonamide, N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,6-
tridecafluoro-N-(2-hydroxyethyl)-
------------------------------------------------------------------------
37338-48-0 Poly[oxy(methyl-1,2-ethanediyl)],
.alpha.-[2-
[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,
7,8,8,8-
heptadecafluorooctyl)sulfonyl]amin
o]ethyl]-.omega.-hydroxy-
------------------------------------------------------------------------
38850-52-1 1-Propanaminium, 3-
[(carboxymethyl)[(1,1,2,2,3,3,4,4,
5,5,6,6,6-
tridecafluorohexyl)sulfonyl]amino]-
N,N,N-trimethyl-, inner salt
------------------------------------------------------------------------
38850-60-1 1-Propanesulfonic acid, 3-[[3-
(dimethylamino)propyl][(1,1,2,2,3,
3,4,4,5,5,6,6,6-
tridecafluorohexyl)sulfonyl]amino]-
------------------------------------------------------------------------
50598-28-2 1-Hexanesulfonamide, N-[3-
(dimethylamino)propyl]-
1,1,2,2,3,3,4,4,5,5,6,6,6-
tridecafluoro-
------------------------------------------------------------------------
50598-29-3 1-Octanesulfonamide,
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-N-(phenylmethyl)-
------------------------------------------------------------------------
51032-47-4 Benzenesulfonic acid,
[[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,
8,8-
heptadecafluorooctyl)sulfonyl]amin
o]methyl]-, sodium salt (1:1)
------------------------------------------------------------------------
52032-20-9 Poly(oxy-1,2-ethanediyl), .alpha.-
[[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,
8,8-
heptadecafluorooctyl)sulfonyl]meth
ylamino]carbonyl]-.omega.-butoxy-
------------------------------------------------------------------------
52166-82-2 1-Propanaminium, N,N,N-trimethyl-3-
[[(1,1,2,2,3,3,4,4,5,5,6,6,6-
tridecafluorohexyl)sulfonyl]amino]-
, chloride (1:1)
------------------------------------------------------------------------
52550-45-5 Poly(oxy-1,2-ethanediyl), .alpha.-
[2-
[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8
,8-
heptadecafluorooctyl)sulfonyl]prop
ylamino]ethyl]-.omega.-hydroxy-
------------------------------------------------------------------------
55910-10-6 Glycine, N-
[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,
8-heptadecafluorooctyl)sulfonyl]-N-
propyl-, potassium salt (1:1)
------------------------------------------------------------------------
56372-23-7 Poly(oxy-1,2-ethanediyl), .alpha.-
[2-
[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,6-
tridecafluorohexyl)sulfonyl]amino]
ethyl]-.omega.-hydroxy-
------------------------------------------------------------------------
56773-42-3 Ethanaminium, N,N,N-triethyl-,
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-1-octanesulfonate
(1:1)
------------------------------------------------------------------------
58920-31-3 2-Propenoic acid, 4-
[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8
,8-
heptadecafluorooctyl)sulfonyl]meth
ylamino]butyl ester
------------------------------------------------------------------------
59071-10-2 2-Propenoic acid, 2-
[ethyl[(1,1,2,2,3,3,4,4,5,5,6,6,7,
7,7-
pentadecafluoroheptyl)sulfonyl]ami
no]ethyl ester
------------------------------------------------------------------------
60270-55-5 1-Heptanesulfonic acid,
1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
pentadecafluoro-, potassium salt
(1:1)
------------------------------------------------------------------------
61577-14-8 2-Propenoic acid, 2-methyl-, 4-
[[(1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8
,8-
heptadecafluorooctyl)sulfonyl]meth
ylamino]butyl ester
------------------------------------------------------------------------
66008-68-2 2-Propenoic acid, 2-
[[(2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9
,10,10,11,11,11-
eicosafluoroundecyl)sulfonyl]methy
lamino]ethyl ester
------------------------------------------------------------------------
66008-69-3 2-Propenoic acid, 2-
[[(2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9
,9-
heptadecafluorononyl)sulfonyl]meth
ylamino]ethyl ester
------------------------------------------------------------------------
66008-70-6 2-Propenoic acid, 2-
[methyl[(2,2,3,3,4,4,5,5,6,6,7,7,7-
tridecafluoroheptyl)sulfonyl]amino
]ethyl ester
------------------------------------------------------------------------
67584-48-9 1-Hexanesulfonamide,
1,1,2,2,3,3,4,4,5,5,6,6,6-
tridecafluoro-N-2-propen-1-yl-
------------------------------------------------------------------------
67584-49-0 1-Heptanesulfonamide,
1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
pentadecafluoro-N-2-propen-1-yl-
------------------------------------------------------------------------
67584-50-3 1-Heptanesulfonamide, N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
pentadecafluoro-N-[3-
(trichlorosilyl)propy