Perfluoroalkyl Sulfonates and Long-Chain Perfluoroalkyl Carboxylate Chemical Substances; Final Significant New Use Rule, 62443-62451 [2013-24651]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Rules and Regulations]
[Pages 62443-62451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24651]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2012-0268; FRL-9397-1]
RIN 2070-AJ95


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is amending 
a significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) 
chemical substances to add PFAS chemical substances that have completed 
the TSCA new chemical review process, but have not yet commenced 
production or import and is designating (for all listed PFAS chemical 
substances) processing as a significant new use. EPA is also finalizing 
a SNUR for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical 
substances that designates manufacturing (including importing) and 
processing for use as part of carpets or for treating carpet (e.g., for 
use in the carpet aftercare market) as a significant new use, except 
for use of two chemical substances as a surfactant in carpet cleaning 
products. For this SNUR, EPA is also making an exemption inapplicable 
to persons who import or process the LCPAC chemical substances as part 
of an article. Persons subject to these SNURs will be required to 
notify EPA at least 90 days before commencing any significant new use. 
The required notifications will provide EPA with the opportunity to 
evaluate the intended use and, if necessary, to prohibit or limit that 
activity before it occurs.

DATES: This final rule is effective December 23, 2013.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2012-0268, is available at 
https://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency

[[Page 62444]]

Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution 
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OPPT Docket is (202) 566-0280. Please review 
the visitor instructions and additional information about the docket 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Nicholas Nairn-Birch, Chemical Control Division (7405M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-3668; email address: nairn-birch.nicholas@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import) or process any of the chemical substances listed in 
Table 4 of the regulatory text in this document or that meet the LCPFAC 
chemical category definition as described in this rule.
    Potentially affected entities may include, but are not limited to:
     Manufacturers (including importers) of one or more of 
subject chemical substances (North American Industrial Classification 
System (NAICS) codes 325 and 324110); e.g., chemical manufacturing and 
petroleum refineries.
     Carpet and rug mills (NAICS code 314110).
     Fiber, yarn, and thread mills (NAICS code 31311).
     Home furnishing merchant wholesalers (NAICS code 423220).
     Carpet and upholstery cleaning services (NAICS code 
561740).
    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 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, 40 CFR 721.9582, and 40 CFR 721.10536, which is in the 
regulatory text of this document. 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.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Persons 
who import any chemical substance governed by a final SNUR are subject 
to the TSCA section 13 (15 U.S.C. 2612) import certification 
requirements and the corresponding regulations at 19 CFR 12.118 through 
12.127; see also 19 CFR 127.28. Those persons must certify that the 
shipment of the chemical substance complies with all applicable rules 
and orders under TSCA, including any SNUR requirements. The EPA policy 
in support of import certification appears at 40 CFR part 707, subpart 
B. In addition, any persons who export or intend to export a chemical 
substance that is the subject of this 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.

II. Background

A. What action is the agency taking?

    In the Federal Register of August 15, 2012 (77 FR 48924) (FRL-9358-
7), EPA proposed to amend a SNUR at 40 CFR 721.9582 for PFAS chemical 
substances to add PFAS chemical substances that have completed the TSCA 
new chemical review process, but have not yet commenced production or 
import, and to designate (for all listed PFAS chemical substances) 
processing as a significant new use. In addition, the Agency also 
proposed a new SNUR for LCPFAC chemical substances that designates 
manufacturing (including importing) and processing for use as part of 
carpets or for treating carpet (e.g., for use in the carpet aftercare 
market) as a significant new use. On December 30, 2009, EPA issued the 
``Long-Chain Perfluorinated Chemicals (PFCs) Action Plan'' (Ref. 1). 
Today's action is consistent with the purpose of that action plan.
    This final rule requires persons who intend to manufacture 
(including import) or process one or more of the PFAS chemical 
substances listed in Table 4 of the regulatory text for the uses 
identified in 40 CFR 721.9582(a)(2) to submit a Significant New Use 
Notice (SNUN) at least 90 days before commencing manufacture (including 
import) or processing. Given the structural similarity of these 
chemicals to the PFAS chemicals covered under 40 CFR 721.9582 and EPA's 
health and environmental concerns associated with them, EPA has 
concluded that today's action on these PFAS chemicals is warranted and 
any manufacturing (including importing) or processing for any use of 
these uncommenced PFAS chemicals would be a significant new use.
    EPA is also finalizing a SNUR for LCPFAC chemical substances that 
requires persons to notify the Agency at least 90 days before 
commencing manufacture (including import) or processing for use as part 
of carpets or for treating carpet (e.g., for use in the carpet 
aftercare market) as a significant new use, except for use of two 
LCPFAC chemical substances as surfactants in carpet cleaning products. 
Comments submitted to the docket after the comment period indicated use 
of two LCPFAC chemical substances as a surfactant in aftermarket carpet 
cleaning products as an ongoing use. The use of these two chemical 
substances is not included as a significant new use in this final rule.
    For this SNUR, EPA is also making the article exemption at 40 CFR 
721.45(f) inapplicable to persons who import LCPFAC chemical substances 
as part of carpets. The article exemption at 40 CFR 721.45(f) is based 
on an assumption that people and the environment will generally not be 
exposed to chemical substances in articles (see 49 FR 35014; September 
5, 1984). However, as stated in Unit IV. of the proposed rule (77 FR 
48928; August 15, 2012), exposure to LCPFAC chemical substances may 
occur both during the carpet manufacture process and during the 
lifetime of the finished carpet. Therefore, exposure would increase if 
in the future LCPFAC chemical substances are incorporated in carpets 
and then imported. The article exemption at 40 CFR 721.45(f) remains in 
effect, however, for persons who import LCPFAC chemical substances as 
part of other types of articles. The article exemption at 40 CFR 
721.45(f) also remains in effect for processing of LCPFAC chemical 
substances as part of an article (i.e., carpet) since EPA is aware that 
this is an ongoing use. This final action does not affect the exemption 
at 40 CFR 721.45(f) for PFAS chemical substances, which remains in 
effect for persons who import or process these chemical substances.
    The term PFAS refers to a general category of perfluorinated 
sulfonate chemical substances of any chain

[[Page 62445]]

length. The PFAS chemical substances for which EPA is modifying an 
existing SNUR are currently listed in 40 CFR 721.9582 in paragraph 
(a)(1). The PFAS chemical substances that EPA is adding to an existing 
SNUR are being inserted into this list. All of these chemical 
substances are collectively referred to in this rule as perfluoroalkyl 
sulfonates, or PFAS chemical substances.
    The term LCPFAC refers to the long-chain category of perfluorinated 
carboxylate chemical substances with perfluorinated carbon chain 
lengths equal to or greater than seven carbons and less than or equal 
to 20 carbons. Based on comments filed on the proposed SNUR and all 
information available to EPA, the category definition of LCPFAC 
chemical substances differs in this final rule from the definition 
described in the proposed SNUR. The upper limit of the perfluorinated 
carbon chain length is now 20 carbons. In the proposed SNUR, there was 
no upper limit. Also, the LCPFAC chemical subgroup described in 40 CFR 
721.10536(b)(1)(vi) of the proposed rule is removed from the definition 
in this final SNUR.
    LCPFAC chemical substances are synthetic chemicals that do not 
occur naturally in the environment. The LCPFAC chemical substances 
subject to this SNUR are identified as follows, where 5 < n < 21 or 6 < 
m < 21:
    a. CF3(CF2)n-COO-M 
where M = H\+\ or any other group where a formal dissociation can be 
made;
    b. CF3(CF2)n-CH=CH2;
    c. CF3(CF2)n-C(=O)-X where X is 
any chemical moiety;
    d. CF3(CF2)m-CH2-X 
where X is any chemical moiety, and
    e. CF3(CF2)m-Y-X where Y = non-S, 
non-N heteroatom and where X is any chemical moiety.
    The category of LCPFAC chemical substances, based on the chemical 
structures delineated in 40 CFR 721.10536 (b)(1)(i) through (b)(1)(v) 
of this final rule, also includes the salts and precursors of these 
perfluorinated carboxylates. LCPFAC precursors may be simple 
derivatives of perfluorooctanoic acid (PFOA) and higher homologues or 
certain polymers that may degrade to PFOA or higher homologues. These 
precursors include all fluorotelomers.
    It is important to note that any LCPFAC chemical substance 
identified by paragraphs (b)(1)(i) through (b)(1)(v) of this final rule 
that is intentionally used during fluoropolymer formulation, such as an 
emulsion stabilizer in aqueous dispersions, is subject to reporting for 
the significant new uses described in 40 CFR 721.10536(b)(2). For 
example, ammonium perfluorooctanoate (APFO)--when used as an aqueous 
dispersion agent in fluoropolymer production--is subject to this SNUR 
if the final fluoropolymer product is used as part of carpets or to 
treat carpets.

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 SNUN to EPA 
at least 90 days before they manufacture (including import) or process 
the chemical substance for that use (15 U.S.C. 2604(a)(1)(B)). As 
described in Unit II.C., the general SNUR provisions are found at 40 
CFR part 721, subpart A.

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. However, EPA is making the exemption at 40 CFR 721.45(f) 
inapplicable to persons who import LCPFAC chemical substances as part 
of carpets under this SNUR. As a result, persons subject to the 
provisions of this rule would not be exempt from significant new use 
reporting if they import LCPFAC chemical substances as part of carpets. 
However, the articles exemption will remain in effect for persons who 
process chemical substances as part of an article because existing 
stocks of carpets may still contain LCPFAC substances.
    Provisions relating to user fees appear at 40 CFR part 700. 
According to 40 CFR 721.1(c), persons subject to SNURs must comply with 
the same notice requirements and EPA regulatory procedures as 
submitters of premanufacture notices (PMNs) under TSCA section 
5(a)(1)(A). In particular, these requirements include the information 
submissions requirements of TSCA section 5(b) and 5(d)(1), the 
exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and 
(h)(5), and the regulations at 40 CFR part 720. Once EPA receives a 
SNUN, EPA may take regulatory action under TSCA section 5(e), 5(f), 6 
or 7 to control the activities on which it has received the SNUN. If 
EPA does not take action, EPA is required under TSCA section 5(g) to 
explain in the Federal Register its reasons for not taking action.
    Persons who export or intend to export a chemical substance 
identified in a proposed or final SNUR are subject to the export 
notification provisions of TSCA section 12(b). The regulations that 
interpret TSCA section 12(b) appear at 40 CFR part 707, subpart D. 
Persons who import a chemical substance identified in a final SNUR are 
subject to the TSCA section 13 import certification requirements, 
codified at 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Such 
persons must certify that the shipment of the chemical substance 
complies with all applicable rules and orders under TSCA, including any 
SNUR requirements. The EPA policy in support of import certification 
appears at 40 CFR part 707, subpart B.

III. Rationale and Objectives for This Final Rule

A. Rationale

    As discussed in Units III. and IV. of the proposed rule (77 FR 
48924; August 15, 2012), PFAS and LCPFAC chemical substances are found 
world-wide in the environment, wildlife, and humans. They are 
bioaccumulative in wildlife and humans, and are persistent in the 
environment. They are toxic to laboratory animals, producing 
reproductive, developmental, and systemic effects in laboratory tests. 
The exact sources and pathways by which these chemicals move into and 
through the environment and allow humans and wildlife to become exposed 
are not fully understood, but are likely to include releases from 
manufacturing of the chemicals, processing of these chemicals into 
products like carpets and textiles, and aging and wear of products 
containing them.
    Since the manufacture (including import) and processing of PFAS and 
LCPFAC chemical substances for these uses have been discontinued in the 
United States, EPA expects their presence in humans and the environment 
to decline over time as has been observed in the past when production 
and use of other persistent chemicals has ceased. EPA is concerned that 
the manufacturing (including import) or processing of these chemical 
substances, as well as importing these chemicals as part of articles, 
for the new uses identified in this rule could be reinitiated in the 
future. If reinitiated, EPA believes that such use would increase the 
magnitude and duration of human and environmental exposure to

[[Page 62446]]

these chemical substances, constituting a significant new use.
    EPA is adding processing of PFAS chemical substances (for any use 
in the United States, other than the uses listed under 40 CFR 721.9582 
(a)(3), (a)(4), and (a)(5)) to the significant new uses of those 
chemical substances. EPA is concerned about the potential for PFAS 
chemical substances manufactured (including imported) for an ongoing 
use to be redirected to other uses without prior notice to the Agency. 
For example, a chemical substance could be initially manufactured for 
uses listed under 40 CFR 721.9582 (a)(3), (a)(4), or (a)(5), and then 
redirected for another use after its initial manufacture or import. For 
similar reasons, EPA is designating processing of LCPFAC chemical 
substances or use as part of carpets or to treat carpet as a 
significant new use, except for one specifically identified ongoing use 
of two LCPFAC chemical substances as a surfactant in aftermarket carpet 
cleaning products. As such, persons who process PFAS or LCPFAC chemical 
substances for a significant new use will be required to first notify 
EPA, even if they are not themselves manufacturers of the chemical 
substance. Note, the exemption at 40 CFR 721.45(f) is not applicable 
for persons who import these LCPFAC chemical substances as part of an 
article, but is applicable for persons who process these LCPFAC 
chemicals substances as part of an article. Pursuant to 40 CFR 
721.45(f), processing of PFAS and LCPFAC chemical substances as part of 
articles remains exempt from notice requirements.
    Accordingly, EPA will have the opportunity to evaluate and control, 
where appropriate, activities associated with those uses, if such 
manufacturing (including importing) or processing were to start or 
resume. The required notification provided by a SNUN will provide EPA 
with the opportunity to evaluate activities associated with a 
significant new use and an opportunity to protect against unreasonable 
risks, if any, from exposure to PFAS and LCPFAC chemical substances.
    Consistent with EPA's past practice for issuing SNURs under TSCA 
section 5(a)(2), EPA's decision to promulgate a SNUR for a particular 
chemical use need not be based on an extensive evaluation of the 
hazard, exposure, or potential risk associated with that use. Rather, 
the Agency's action is based on EPA's determination that if the use 
begins or resumes, it may present a risk that EPA should evaluate under 
TSCA before the manufacturing or processing for that use begins. Since 
the new use does not currently exist, deferring a detailed 
consideration of potential risks or hazards related to that use is an 
effective use of resources. If a person decides to begin manufacturing 
or processing the chemical for the use, the notice to EPA allows the 
Agency to evaluate the use according to the specific parameters and 
circumstances surrounding that intended use.
    With this action, the Agency is designating as significant new uses 
of LCPFAC chemical substances use as part of carpet or to treat carpet. 
The Agency believes the 2010/2015 PFOA Stewardship Program, in which 
companies committed to work toward eliminating facility emissions and 
product content of PFOA--a LCPFAC chemical substance--by 2015, will 
eliminate many other ongoing uses of LCPFAC chemical substances. As 
those uses are phased out in the United States, EPA anticipates taking 
additional regulatory actions to prevent resumption of the uses without 
prior notice to EPA.

B. Objectives

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

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use 
of a chemical substance is a significant new use must be made after 
consideration of all relevant factors including:
     The projected volume of manufacturing and processing of a 
chemical substance.
     The extent to which a use changes the type or form of 
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and 
duration of exposure of human beings or the environment to a chemical 
substance.
     The reasonably anticipated manner and methods of 
manufacturing, processing, distribution in commerce, and disposal of a 
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorizes EPA to consider any other relevant factors.
    To determine what would constitute a significant new use of the 
PFAS and LCPFAC chemical substances subject to this rule, as discussed 
herein, EPA considered relevant information about the toxicity of these 
substances, likely human exposures and environmental releases 
associated with possible uses, and the four factors listed in TSCA 
section 5(a)(2).
    Except for the ongoing uses specified in 40 CFR 721.9582 (a)(3) 
through (a)(5), the Agency believes the manufacture (including import) 
and processing of any of the PFAS chemical substances subject to this 
rule has been discontinued. Any new use of these chemicals, including 
processing, could change the type and form of exposure and/or the 
magnitude and duration of exposure to humans and the environment 
relative to what currently exists. Based on these considerations of the 
statutory factors discussed in this unit, EPA has determined that the 
manufacture (including import) or processing of any of the PFAS 
chemical substances subject to this rule, for any use except ongoing 
uses specified in 40 CFR 721.9582 (a)(3) through (a)(5), is a 
significant new use.
    Exposure to LCPFAC chemical substances may occur both during the 
carpet manufacture process and during the lifetime of the finished 
carpet via inhalation and ingestion of dust generated from the abrasion 
of carpets. This is of particular concern for children since they 
engage in a variety of activities on carpets for longer periods of time 
and have a greater degree of hand-to-mouth activity in their earliest 
years. This will change both the magnitude of exposure and the duration 
of exposure. Except for one ongoing use specified in 40 CFR 
721.10536(b)(3), the Agency believes the manufacture (including import) 
and processing of LCPFAC chemical substances as part of carpet or to 
treat carpet has been discontinued. EPA also believes LCPFAC chemicals 
substances are no longer imported as part of carpet. If reinitiated, 
EPA believes these uses of LCPFAC chemical substances would 
significantly increase the magnitude and duration of exposure to humans 
and the

[[Page 62447]]

environment relative to what currently exists. Based on these 
considerations of the statutory factors discussed in this unit, EPA has 
determined that the manufacture (including import) or processing of any 
of the LCPFAC chemical substances subject to this rule for use as part 
of carpet or to treat carpets, except ongoing uses specified in 40 CFR 
721.10536(b)(3), is a significant new use. EPA has further determined 
that importing any of the LCPFAC chemical substances subject to this 
rule as part of carpet constitutes a significant new use and warrants 
making inapplicable the article exemption at 40 CFR 721.45(f).

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

    As discussed in the Federal Register of April 24, 1990 (55 FR 
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is 
best served by designating a use as a significant new use as of the 
date of publication of the proposed rule rather than as of the 
effective date of the final rule. If uses begun after publication of 
the proposed rule were considered ongoing rather than new, it would be 
difficult for EPA to establish SNUR notice requirements, because a 
person could defeat the SNUR by initiating the proposed significant new 
use before the 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 (including import) or processing 
of the chemical substance(s) subject to this rule for a significant new 
use after the proposal was published on August 15, 2012 (77 FR 48924), 
must cease such activity before the effective date of this final rule. 
To resume their activities, these persons will have to comply with all 
applicable SNUR notice requirements and wait until the notice review 
period, including all extensions, expires. Uses arising after the 
publication of the proposed rule are distinguished from uses that exist 
at publication of the proposed rule. The former would be new uses, the 
latter ongoing uses. To the extent that additional ongoing uses were 
found in the course of rulemaking, EPA has excluded these uses from the 
final SNUR. EPA 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 40 CFR 721.45(h), that person 
would be considered to have met the requirements of the final SNUR for 
those activities.

VI. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not usually require 
developing any particular test data before submission of a SNUN. There 
are two exceptions: (1) Development of test data is required where the 
chemical substance subject to the SNUR is also subject to a test rule 
under TSCA section 4 (see TSCA section 5(b)(1)); and (2) development of 
test data may be necessary where the chemical substance has been listed 
under TSCA section 5(b)(4) (see TSCA section 5(b)(2)). In the absence 
of a TSCA section 4 test rule or a TSCA section 5(b)(4) listing 
covering the chemical substance, persons are required only to submit 
test data in their possession or control and to describe any other data 
known to or reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 
721.25; and 40 CFR 720.50). However, as a general matter, EPA 
recommends that SNUN submitters include data that would permit a 
reasoned evaluation of risks posed by the chemical substance during its 
manufacture (including 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 this chemical.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs that provide detailed information on:
    1. Human exposure and environmental releases that may result from 
the significant new uses of the chemical substance.
    2. Potential benefits of the chemical substance.
    3. Information on risks posed by the chemical substances compared 
to risks posed by potential substitutes.

VII. SNUN Submissions

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

VIII. Discussion of the Final Significant New Use Rule and Response to 
Comments

    This action finalizes the SNUR proposed in the Federal Register on 
August 15, 2012 (77 FR 48924). This final rule requires persons who 
intend to manufacture (including import) or process one or more of the 
chemical substances listed in Table 4 of the regulatory text for the 
uses identified in 40 CFR 721.9582(a)(2) to submit a SNUN at least 90 
days before commencing manufacture (including import) or processing. 
This rule also requires persons who intend to manufacture (including 
import) or process one or more LCPFAC chemical substances, as defined 
in 40 CFR 721.10536(b)(1), for use as part of carpets or for treating 
carpets (except for one specifically identified ongoing use of two 
LCPFAC chemical substances as a surfactant in aftermarket carpet 
cleaning products) to submit a SNUN at least 90 days before commencing 
manufacture (including import) or processing.
    It should be noted that the LCPFAC chemical substances category 
definition now delineates a perfluorinated carbon chain length upper 
limit of 20 carbons. The definition in the proposed rule contained no 
upper limit. Also, the LCPFAC chemical subgroup that was described in 
40 CFR 721.10536(b)(1)(vi) of the proposal is removed from the 
definition in this final SNUR. The rationale for these changes is 
explained in greater detail in the response to comments below.
    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-
OPPT-2012-0268. A discussion of the comments germane to the rulemaking 
and the Agency's responses follow.
    1. Comment summary. In defining the chemicals subject to this SNUR 
in the proposed rule, no upper limit was given for carbon chain length. 
Submitters suggested an upper limit of 20 carbons, which would exclude 
from the LCPFAC

[[Page 62448]]

category definition polymers weighing greater than 1,000 daltons.
    Response. EPA agrees with commenters that there should be an upper 
limit to the chain length in the definition. PFAC chemicals with 
greater than 20 perfluorinated carbons can be considered polymers 
within the polymer exemption under 40 CFR 723.250 (e.g., exceed a 
molecular weight of 1,000 daltons and contain at least three monomer 
units). As it is not the Agency's intent to regulate fluoropolymers in 
this rule, the LCPFAC category definition in this final rule includes a 
perfluorinated carbon chain length upper limit of 20.
    2. Comment summary. Commenters requested clarification as to 
whether or not fluoropolymers are included in the LCPFAC definition. 
Commenters also requested a definition of fluoropolymers that clearly 
distinguished them from fluorotelomer-based chemicals.
    Response. It is not the Agency's intent to regulate fluoropolymers. 
The category definition is changed in this final rule to include a 
perfluorinated carbon chain length upper limit of 20. With this change, 
fluoropolymers no longer meet the LCFPAC chemical substances 
definition.
    Since fluoropolymers are not subject to this SNUR, EPA will not 
include a definition of fluoropolymers. However, the Agency notes that 
it has distinguished fluoropolymer and fluorotelomer-based chemicals in 
two corresponding enforceable consent agreement test rules published on 
July 8, 2005 (70 FR 39630 and 70 FR 39623).
    3. Comment summary. Several commenters argued that the proposed 40 
CFR 721.10536(b)(1)(vi) [``structurally similar degradation products of 
any of the compounds in (i) through (v) of this paragraph''] is 
prohibitively broad and unnecessary and therefore unenforceable. They 
argued that it should be either removed or replaced with a definition 
that explicitly delineates LCPFAC precursors.
    Response. The Agency agrees that the chemical subgroup definition 
described in 40 CFR 721.10536(b)(1)(vi) is unnecessary and it is 
removed from the LCFPAC category definition in this final rule. The 
Agency believes that 40 CFR 721.10536 (b)(1)(i)-(b)(1)(v) do not 
exclude any LCPFAC chemical substances defined in 40 CFR 
721.10536(b)(1)(vi), and thus sufficiently define the LCPFAC category 
of chemicals.
    4. Comment summary. A submitter claimed that the LCPFAC chemical 
category definition is not adequate to verify which chemicals are in 
use by suppliers. Instead, a thorough list of CAS numbers is needed.
    Response. EPA believes the most precise way to identify the 
chemicals subject to this SNUR is through the chemical structure 
definition. Downstream customers should have sufficient information 
from suppliers (i.e., CAS number and unique chemical identity) to 
generate the specific structure for any potentially reportable 
substance, which they can compare to the LCPFAC category definition.
    As a convenience to the regulated community, EPA has made available 
in the public docket an illustrative list of chemical substances 
subject to the rule. As part of that list, EPA has provided specific 
examples of chemicals that meet the various components of the LCPFAC 
category definition.
    5. Comment summary. A submitter suggested that 40 CFR 
721.10536(b)(1)(ii) of the regulatory text should state 
``CF3(CF2)mCH=CH2, where m > 6'' 
rather than 
``CF3(CF2)nCH=CH2, where n 
> 5'' to be consistent with PFOA precursors identified in the PFOA 
Stewardship Program.
    Response. EPA disagrees with this comment. The specific structural 
formula was chosen to accommodate the possibility of oxidation cleavage 
of the olefin to produce PFOA directly. Applied to the representative 
structure suggested by the submitter, this mechanism would produce 
perfluorononanoic acid (PFNA), which is one carbon longer than PFOA, 
the smallest of the LCPFAC chemical substances.
    6. Comments summary. A commenter expressed concern that the article 
exemption was not made inapplicable to PFAS as part of carpets.
    Response. The Agency recognizes this concern and is addressing it 
in the upcoming proposed SNUR for long-chain perfluoroalkyl carboxylate 
chemical substances. Doing so in the upcoming proposed SNUR will allow 
EPA to solicit and respond to any public comments.
    7. Comment summary. Submitters requested clarification on the 
applicability of the articles exemption to export notifications.
    Response. This SNUR does not require notice of export for articles 
as part of the section 5 action. In accordance with 40 CFR 707.60(b), 
persons who export LCFPAC chemical substances contained in articles 
remain exempt from notices of export under TSCA 12(b).
    8. Comment summary. One commenter asserted that the following 
statement in the proposed rule's preamble is incorrect: ``These 
precursors include certain fluoropolymers and all fluorotelomers.'' In 
support of this assertion, the submitter notes that many new short-
chain fluorotelomer products cannot break down to PFOA.
    Response. The LCPFAC category definition does not include short-
chain fluorotelomers. The quote refers only to precursors of the long-
chain perfluorinated chemicals defined in 40 CFR 721.10536(b)(1), which 
excludes short-chain fluorotelomers. Fluoropolymers are also no longer 
included in the LCPFAC definition.
    9. Comment summary. A commenter noted that even fluoropolymers not 
made with PFOA can have detectable levels of PFOA in them due to 
environmental cross-contamination, which creates an enforcement and 
compliance problem. The uncertainty this issue creates suggests that 
fluoropolymers should be excluded from the LCPFAC definition. The 
commenter also requested clarification of the term `contamination' used 
in the preamble.
    Response. Fluoropolymers are not subject to this SNUR. In the 
preamble of the proposed rule, the Agency referred to a `contaminated' 
chemical as one that does not meet the LCPFAC definition itself, but 
that contains a LCPFAC chemical substance due to its intentional use 
during chemical formulation. In such a case, this LCPFAC chemical 
substance would be subject to this SNUR for the significant new uses 
described in 40 CFR 721.10536(b)(2). For example, APFO used as an 
emulsifier in the production of fluoropolymers would be subject to this 
SNUR for the significant new uses described in 40 CFR 721.10536(b)(2).

IX. Economic Analysis

A. SNUNs

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers (including 
importers) and processors of the chemical substance included in this 
rule (Ref. 2). In the event that a SNUN is submitted, costs are 
estimated at $8,589 per SNUN submission for large business submitters 
and $6,189 for small business submitters. These estimates include the 
cost to prepare and submit the SNUN, and the payment of a user fee. 
Businesses that submit a SNUN would be subject to either a $2,500 user 
fee required by 40 CFR 700.45(b)(2)(iii), or, if they are a small 
business with annual sales of less than $40 million when combined with 
those of the parent company (if any), a reduced user fee of $100 (40 
CFR 700.45(b)(1)). The costs of

[[Page 62449]]

submission of SNUNs will not be incurred by any company unless a 
company decides to pursue a significant new use as defined in this 
SNUR. EPA's complete economic analysis is available in the public 
docket for this rule (Ref. 2).
    The final SNUR will require importers of LCPFAC chemical substances 
as part of carpets to notify EPA at least 90 days before importing any 
such articles containing chemicals subject to the final rule. The final 
rule may also affect firms that do not currently import carpet 
containing the chemicals, but who may be interested in importing these 
articles in the future. Typically, firms have an understanding of the 
contents of the articles they import. However, EPA acknowledges that 
importers of articles may have varying levels of knowledge about the 
chemical content of the articles that they import.
    While not required by the SNUR, these parties may incur costs to 
take additional steps to determine whether the articles they plan to 
import are covered by this SNUR. This determination may involve 
gathering information from suppliers along the supply chain, and/or 
testing samples of the article itself. EPA believes that the LCPFAC 
chemical substances included in this final rule are no longer being 
manufactured (including imported) for use as part of carpet or for 
treating carpet (e.g., for use in the carpet aftercare market) in the 
United States, except for use of two chemical substances in carpet 
cleaning solution, and that LCPFAC chemical substances are not being 
imported as part of carpets. Therefore, EPA believes that these costs 
would be minimal.

B. Export Notification

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

X. References

    As indicated under ADDRESSES, a docket has been established for 
this rule under docket ID number EPA-HQ-OPPT-2012-0268. The following 
is a listing of the documents cited in this document. The docket 
includes information considered by EPA in developing this rule, 
including the documents listed in this unit, which are physically 
located in the docket. In addition, interested parties should consult 
documents that are referenced in the documents that EPA has placed in 
the docket, regardless of whether these referenced documents are 
physically located in the docket. For assistance in locating documents 
that are referenced in documents that EPA has placed in the docket, but 
that are not physically located in the docket, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT. The 
docket is available for review as specified under ADDRESSES.

1. USEPA. ``Long-Chain Perfluorinated Chemicals Action Plan.'' December 
30, 2009.
2. USEPA. ``Economic Analysis of the Significant New Use Rule for 
Perfluoroalkyl Sulfonates and Long-Chain Perfluoroalkyl Carboxylate 
Chemical Substances.'' Prepared by Timothy Lehman and Abt Associates 
Inc. May 7, 2013.

XI. Statutory and Executive Order Reviews

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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Office of Management and Budget (OMB) has determined that this SNUR is 
not a ``significant regulatory action,'' because it does not meet the 
criteria in section 3(f) of the executive order. Accordingly, this 
action was not reviewed by OMB under Executive Orders 12866 and 13563 
(76 FR 3821; January 21, 2011).

B. Paperwork Reduction Act (PRA)

    According to the PRA, 44 U.S.C. 3501 et seq., an Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information that requires OMB approval under the PRA, 
unless it has been approved by OMB and displays a currently valid OMB 
control number. The OMB control numbers for EPA's regulations in Title 
40 of the CFR, after appearing in the Federal Register, are listed in 
40 CFR part 9, and included on the related collection instrument, or 
form, if applicable. The information collection requirements related to 
this action have already been approved by OMB pursuant to the PRA under 
OMB control number 2070-0038 (EPA ICR No. 1188). This action does not 
impose any burden requiring additional OMB approval. If an entity were 
to submit a SNUN to the Agency, the annual burden is estimated to 
average 92 hours per response. 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.

C. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., the 
Agency hereby certifies that promulgation of this SNUR would not have a 
significant economic impact on a substantial number of small entities. 
The rationale supporting this conclusion is as follows. A SNUR applies 
to any person (including small or large entities) who intends to engage 
in any activity described in the rule as a ``significant new use.'' By 
definition of the word ``new'' and based on all information currently 
available to EPA, it appears that no small or large entities presently 
engage in such activity. Since this SNUR will require a person who 
intends to engage in such activity in the future to first notify EPA by 
submitting a SNUN, no economic impact will occur unless someone files a 
SNUN to pursue a significant new use in the future or forgoes profits 
by avoiding or delaying the significant new use. Although some small 
entities may decide to 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 
SNURs covering over 1,000 chemical substances, the Agency receives only 
a handful of notices per year. For example, the number of SNUNs was 
four in Federal fiscal year (FY) 2005, eight in FY 2006, six in FY 
2007, eight in FY 2008, and seven in FY 2009. During this 5-year 
period, three small entities submitted a SNUN. Therefore, EPA believes 
that the potential economic impact of complying with this SNUR is not 
expected to be significant or adversely impact a substantial number of 
small entities. In a SNUR that published as a final rule on August 8, 
1997 (62 FR 42690) (FRL-5735-4), 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.

[[Page 62450]]

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs, 
State, local, and Tribal governments have not been impacted by these 
rulemakings, and EPA does not have any reason to believe that any 
State, local, or Tribal government would be impacted by this 
rulemaking. As such, EPA has determined that this regulatory action 
would not impose any enforceable duty, contain any unfunded mandate, or 
otherwise have any effect on small governments subject to the 
requirements of sections 202, 203, 204, or 205 of UMRA, 2 U.S.C. 1531-
1538.

E. Executive Order 13132: Federalism

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

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

    This rule does not have Tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This rule 
does not significantly or uniquely affect the communities of Indian 
Tribal governments, nor involve or impose any requirements that affect 
Indian Tribes. Accordingly, the requirements of Executive Order 13175 
(65 FR 67249, November 9, 2000) do not apply to this rule.

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

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

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

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

I. National Technology Transfer Advancement Act (NTTAA)

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

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

    This action does not entail special considerations of environmental 
justice related issues as delineated by Executive Order 12898 (59 FR 
7629, February 16, 1994).

XII. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
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 action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: September 30, 2013.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 
1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 
CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 
300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 
7542, 9601-9657, 11023, 11048.


0
2. In Sec.  9.1, add the following section in numerical order under the 
undesignated center heading ``Significant New Uses of Chemical 
Substances'' to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
 
                                * * * * *
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------
 
                                * * * * *
721.10536............................................          2070-0038
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 721--[AMENDED]

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

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


0
4. In Sec.  721.9582:
0
a. Revise paragraph (a)(1) introductory text.
0
b. Add Table 4 to paragraph (a)(1).
0
c. Revise paragraphs (a)(2) through (5).
    The revisions and addition read as follows:


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, 
Table 3, and Table 4 of this section are subject to reporting under 
this section for the significant new uses described in paragraph (a)(2) 
of this section.
* * * * *

       Table 4--Fourth Set of PFAS Chemicals Subject to Reporting
------------------------------------------------------------------------
    Premanufacture Notice Case No.            Generic chemical name
------------------------------------------------------------------------
P-83-0126.............................  Modified fluoroaliphatic adduct
P-90-0110.............................  Fluorochemical epoxide
P-94-1508.............................  Fluorinated polysiloxane
P-94-1509B............................  Fluorinated polysiloxane
P-98-0809.............................  Fluorochemical esters
P-99-0296.............................  Fluoroalkyl derivative
P-01-0035.............................  Perfluorooctane sulfonate
------------------------------------------------------------------------

    (2) The significant new uses are:
    (i) Manufacturing (including importing) or processing of any 
chemical substance listed in Table 1 of paragraph (a)(1) of this 
section for any use.
    (ii) Manufacturing (including importing) or processing of any 
chemical substance listed in Table 2 of paragraph (a)(1) of this 
section for any

[[Page 62451]]

use, except as noted in paragraph (a)(3) of this section.
    (iii) Manufacturing (including importing) or processing of any 
chemical substance listed in Table 3 of paragraph (a)(1) of this 
section for any use, except as noted in paragraphs (a)(3) through (5) 
of this section.
    (iv) Manufacturing (including importing) or processing of any 
chemical substance listed in Table 4 of paragraph (a)(1) of this 
section for any use.
    (3) Manufacturing (including importing) or processing 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, 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) Manufacturing (including importing) or processing 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) Manufacturing (including importing) or processing 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) 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.
* * * * *

0
5. Add Sec.  721.10536 to subpart E to read as follows:


Sec.  721.10536  Long-chain perfluoroalkyl carboxylate chemical 
substances.

    (a) Definitions. The definitions in Sec.  721.3 apply to this 
section. In addition, the following definition applies: Carpet means a 
finished fabric or similar product intended to be used as a floor 
covering. This definition excludes resilient floor coverings such as 
linoleum and vinyl tile.
    (b) Chemical substances and significant new uses subject to 
reporting. (1) The chemical substances identified below, where 5 < n < 
21 or 6 < m < 21, are subject to reporting under this section for the 
significant new uses described in paragraph (b)(2) of this section.
    (i) CF3(CF2)n-COO-M where M = H\+\ 
or any other group where a formal dissociation can be made;
    (ii) CF3(CF2)n-CH = 
CH2;
    (iii) CF3(CF2)n-C(=O)-X where X is 
any chemical moiety;
    (iv) CF3(CF2)m-CH2-X 
where X is any chemical moiety; and
    (v) CF3(CF2)m-Y-X where Y = non-S, 
non-N heteroatom and where X is any chemical moiety.
    (2) The significant new use for chemical substances identified in 
paragraph (b)(1) of this section are: Manufacture (including import) or 
processing for use as part of carpets or to treat carpets (e.g., for 
use in the carpet aftercare market), except as noted in paragraph 
(b)(3) of this section.
    (3) Manufacture (including import) or processing of the following 
two long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances 
for use as a surfactant in aftermarket carpet cleaning products shall 
not be considered a significant new use subject to reporting under this 
section:
    (i) Phosphonic acid, perfluoro-C6-12-alkyl derivs. (CAS No. 68412-
68-0) and
    (ii) Phosphinic acid, bis(perfluoro-C6-C12-alkyl) derivs. (CAS No. 
68412-69-1).
    (c) Specific requirements. The provisions of subpart A of this part 
apply to this section except as modified by this paragraph (c).
    (1) Revocation of certain notification exemptions. With respect to 
imports of carpets, the provisions of Sec.  721.45(f) do not apply to 
this section. A person who imports a chemical substance identified in 
this section as part of a carpet is not exempt from submitting a 
significant new use notice. The other provision of Sec.  721.45(f), 
respecting processing a chemical substance as part of an article, 
remains applicable.
    (2) [Reserved]

[FR Doc. 2013-24651 Filed 10-21-13; 8:45 am]
BILLING CODE 6560-50-P