Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory Beginning With Reporting Year 2023, 41035-41039 [2023-13280]
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Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Rules and Regulations
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[FR Doc. 2023–13465 Filed 6–22–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 372
[EPA–HQ–OPPT–2023–0223; FRL 10781–
01–OCSPP]
RIN 2070–AL40
Implementing Statutory Addition of
Certain Per- and Polyfluoroalkyl
Substances (PFAS) to the Toxics
Release Inventory Beginning With
Reporting Year 2023
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the list of
chemicals subject to toxic chemical
release reporting under the Emergency
Planning and Community Right-toKnow Act (EPCRA) and the Pollution
Prevention Act (PPA). Specifically, this
action updates the regulations to
identify nine per- and polyfluoroalkyl
substances (PFAS) that must be reported
pursuant to the National Defense
Authorization Act for Fiscal Year 2020
(FY2020 NDAA) enacted on December
20, 2019. As this action is being taken
to conform the regulations to a
Congressional legislative mandate,
notice and comment rulemaking is
unnecessary.
SUMMARY:
This final rule is effective July
24, 2023.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2023–0223, is
available at https://
www.regulations.gov. Additional
instructions on visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets. For the latest
status information on EPA/DC services
and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Brian Ventura, Data Gathering and
Analysis Division (7406M), Office of
Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–0897; email address:
ventura.brian@epa.gov.
For general information contact: The
Emergency Planning and Community
Right-to-Know Act Hotline; telephone
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DATES:
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A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or otherwise use any of the PFAS listed
in this rule. The following list of North
American Industry Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this action applies to them. Potentially
affected entities may include:
• Facilities included in the following
NAICS manufacturing codes
(corresponding to Standard Industrial
Classification (SIC) codes 20 through
39): 311*, 312*, 313*, 314*, 315*, 316,
321, 322, 323*, 324, 325*, 326*, 327*,
331, 332, 333, 334*, 335*, 336, 337*,
339*, 111998*, 113310, 211130*,
212323*, 212390*, 488390*, 512230*,
512250*, 5131*, 516210*, 519290*,
541713*, 541715* or 811490*.
*Exceptions and/or limitations exist for
these NAICS codes.
• Facilities included in the following
NAICS codes (corresponding to SIC
codes other than SIC codes 20 through
39): 211130* (corresponds to SIC code
1321, Natural Gas Liquids, and SIC
2819, Industrial Inorganic Chemicals,
Not Elsewhere Classified); or 212114,
212115, 212220, 212230, 212290*; or
2211*, 221210*, 221330 (limited to
facilities that combust coal and/or oil
for the purpose of generating power for
distribution in commerce) (corresponds
to SIC codes 4911, 4931, and 4939,
Electric Utilities); or 424690, 424710
(corresponds to SIC code 5171,
Petroleum Bulk Terminals and Plants);
425120 (limited to facilities previously
classified in SIC code 5169, Chemicals
and Allied Products, Not Elsewhere
Classified); or 562112 (limited to
facilities primarily engaged in solvent
recovery services on a contract or fee
basis (previously classified under SIC
code 7389, Business Services, NEC)); or
562211*, 562212*, 562213*, 562219*,
562920 (limited to facilities regulated
under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C. 6921
et seq.) (corresponds to SIC code 4953,
Refuse Systems). *Exceptions and/or
limitations exist for these NAICS codes.
• Federal facilities.
A more detailed description of the
types of facilities covered by the NAICS
codes subject to reporting under EPCRA
section 313 can be found at: https://
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41035
www.epa.gov/toxics-release-inventorytri-program/tri-covered-industry-sectors.
To determine whether your facility
would be affected by this action, you
should carefully examine the
applicability criteria in 40 CFR part 372,
subpart B. If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. What action is the Agency taking?
EPA is codifying the nine additional
PFAS that were added to the EPCRA
section 313 list of reportable chemicals
(more commonly known as the Toxics
Release Inventory (TRI)) since the last
conforming rule pursuant to the FY2020
NDAA (87 FR 42651; July 18, 2022)
(FRL–9427–01–OCSPP)).
C. What is the Agency’s authority for
taking this action?
This action is issued under the
authority of section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) (42 U.S.C.
11001 et seq.), section 6607 of the
Pollution Prevention Act (PPA) (42
U.S.C. 13106), and section 7321 of the
National Defense Authorization Act for
Fiscal Year 2020 (FY2020 NDAA) (Pub.
L. 116–92).
II. Background
A. What is NDAA section 7321?
On December 20, 2019, the FY2020
NDAA was signed into law. Among
other provisions, section 7321(c)
identifies certain regulatory activities
that automatically add PFAS or classes
of PFAS to the EPCRA section 313 list
of reportable chemicals. Specifically,
PFAS or classes of PFAS are added to
the EPCRA section 313 list of reportable
chemicals beginning January 1 of the
calendar year after any one of the
following dates:
• Final Toxicity Value. The date on
which the Administrator finalizes a
toxicity value for the PFAS or class of
PFAS;
• Significant New Use Rule. The date
on which the Administrator makes a
covered determination for the PFAS or
class of PFAS;
• Addition to Existing Significant
New Use Rule. The date on which the
PFAS or class of PFAS is added to a list
of substances covered by a covered
determination;
• Addition as an Active Chemical
Substance. The date on which the PFAS
or class of PFAS to which a covered
determination applies is:
(1) Added to the list published under
section 8(b)(1) of the Toxic Substances
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Control Act (TSCA) (15 U.S.C. 2601 et
seq.) and designated as an active
chemical substance under TSCA section
8(b)(5)(A); or
(2) Designated as an active chemical
substance under TSCA section 8(b)(5)(B)
on the list published under TSCA
section 8(b)(1).
The FY2020 NDAA defines ‘‘covered
determination’’ as a determination made
by rule under TSCA section 5(a)(2) that
a use of a PFAS or class of PFAS is a
significant new use (except such a
determination made in connection with
a determination described in TSCA
sections 5(a)(3)(B) or 5(a)(3)(C)).
Under FY2020 NDAA section 7321(e),
EPA must review confidential business
information (CBI) claims before PFAS
are added to the list pursuant to
subsections (b)(1), (c)(1), or (d)(3) whose
identities are subject to a claim of
protection from disclosure under 5
U.S.C. 552(a), pursuant to subsection
(b)(4) of that section. Under the FY2020
NDAA EPA must:
• Review a claim of protection from
disclosure; and
• Require that person to reassert and
substantiate or re-substantiate that claim
in accordance with TSCA section 14(f)
(15 U.S.C. 2613(f)).
B. What PFAS have been added to the
TRI list?
EPA has reviewed the above-listed
criteria and found nine chemicals that
meet the requirements of this part of the
FY2020 NDAA and whose identity is
not claimed as confidential business
information (CBI).
Chemical name/CAS No.
Triggering action
Perfluorobutanoic acid (375–22–4) .................................................................................
Sodium perfluorobutanoate (2218–54–4) .......................................................................
Potassium heptafluorobutanoate (2966–54–3) ...............................................................
Ammonium perfluorobutanoate (10495–86–0) ...............................................................
Perfluorobutanoate (45048–62–2) ..................................................................................
Alcohols, C8–16, g-w-perfluoro, reaction products with 1,6-diisocyanatohexane, glycidol and stearyl alc. (2728655–42–1).
Final Toxicity Value (Ref. 1) ......................
Final Toxicity Value (Ref. 1) ......................
Final Toxicity Value (Ref. 1) ......................
Final Toxicity Value (Ref. 1) ......................
Final Toxicity Value (Ref. 1) ......................
Addition to Existing Significant New Use
Rule (see 85 FR 45109, July 27, 2020)
(FRL–10010–44).
CBI Declassification (Ref. 2) ......................
Addition to Existing Significant New Use
Rule (see 85 FR 45109, July 27, 2020)
(FRL–10010–44).
CBI Declassification (Ref. 2) ......................
Addition to Existing Significant New Use
Rule (see 85 FR 45109, July 27, 2020)
(FRL–10010–44).
CBI Declassification (Ref. 2) ......................
Addition to Existing Significant New Use
Rule (see 85 FR 45109, July 27, 2020)
(FRL–10010–44).
CBI Declassification (Ref. 2) ......................
Acetamide, N-[3-(dimethylamino)propyl]-, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs.
(2738952–61–7).
Acetamide, N-(2-aminoethyl)-, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs., polymers
with N1,N1-dimethyl-1,3-propanediamine, epichlorohydrin and ethylenediamine,
oxidized (2742694–36–4).
Acetic acid, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs., 2-hydroxypropyl esters
(2744262–09–5).
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In addition, if EPA determines that
the chemical identity of a PFAS or class
of PFAS qualifies for protection from
disclosure, EPA must include the PFAS
or class of PFAS on the TRI in a manner
that does not disclose the protected
information.
As stated above, under FY2020 NDAA
section 7321(e), EPA must review CBI
claims before PFAS whose identities are
subject to a claim of protection from
disclosure under 5 U.S.C. 552(a)
(pursuant to subsection (b)(4)) are added
to the list. The substances with the CAS
No. 2728655–42–1, 2738952–61–7,
2742694–36–4, and 2744262–09–5 met
the criteria under FY2020 NDAA
section 7321(c)(1)(A)(iii), but were
subject to a claim of protection from
disclosure under 5 U.S.C. 552(b)(4) at
that time (i.e., when the FY2020 NDAA
was enacted). These substances’
identities have since been published on
the non-confidential portion of the
TSCA Inventory in 2022; therefore, the
chemicals were added pursuant to
FY2020 NDAA section 7321(e) to the
TRI list and are being incorporated into
the CFR pursuant to this rule.
As established by the FY2020 NDAA,
the addition of these PFAS to the
EPCRA section 313 list of reportable
chemicals is effective January 1 of the
calendar year following any of the dates
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identified in FY2020 NDAA section
7321(c)(1)(A). Accordingly, non-CBI
PFAS are reportable beginning with the
2023 reporting year (i.e., reports due
July 1, 2024).
EPA is issuing this final rule to amend
the EPCRA section 313 list of reportable
chemicals in 40 CFR 372.65 to include
nine non-CBI PFAS added pursuant to
the FY2020 NDAA.
III. Good Cause Exception
Section 553(b)(B) of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an
agency for good cause finds that public
notice and comment procedures are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
EPA has determined that there is good
cause for making this rule final without
prior proposal and opportunity for
comment because such notice and
opportunity for comment is
unnecessary. This action is being taken
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Effective
date
1/1/23
1/1/23
1/1/23
1/1/23
1/1/23
1/1/23
1/1/23
1/1/23
1/1/23
to comply with a mandate in an Act of
Congress, where Congress identified
actions that automatically add these
chemicals to the TRI. Thus, EPA has no
discretion as to the outcome of this rule,
which merely aligns the regulations
with the self-effectuating changes
provided by the FY2020 NDAA.
IV. References
The following is a listing of the
documents that are specifically
referenced in this document. The docket
includes these documents and other
information considered by EPA,
including documents that are referenced
within the documents that are included
in the docket, even if the referenced
document is not itself physically located
in the docket. For assistance in locating
these other documents, please consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
1. EPA.IRIS Toxicological Review of
Perfluorobutanoic Acid (PFBA, CASRN
375–22–4) and Related Salts. December
2022. https://iris.epa.gov/static/pdfs/
0701tr.pdf.
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2. EPA. Non-CBI TSCA Inventory, February
2022.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and 14094:
Modernizing Regulatory Review
This action is not a significant
regulatory action as defined in
Executive Order 12866 (58 FR 51735,
October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879,
April 11, 2023), and was therefore not
subject to a requirement for Executive
Order 12866 review.
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B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA, 44 U.S.C 3501 et. seq. Burden is
defined in 5 CFR 1320.3(b). OMB has
previously approved the information
collection activities contained in the
existing regulations and assigned OMB
control numbers 2070–0212 and 2050–
0078.
Currently, the facilities subject to the
reporting requirements under EPCRA
section 313 and PPA section 6607 may
use either EPA Toxic Chemicals Release
Inventory Form R (EPA Form 9350–1),
or EPA Toxic Chemicals Release
Inventory Form A (EPA Form 9350–2).
The Form R must be completed if a
facility manufactures, processes, or
otherwise uses any listed chemical
above threshold quantities and meets
certain other criteria. For the Form A,
EPA established an alternative threshold
for facilities with low annual reportable
amounts of a listed toxic chemical. The
annual reportable amount is equal to the
combined total quantities of the
following waste management activities:
• Released at the facility (including
disposed of within the facility);
• Treated at the facility (as
represented by amounts destroyed or
converted by treatment processes);
• Recovered at the facility as a result
of recycling operations;
• Combusted for the purpose of
energy recovery at the facility; and
• Amounts transferred from the
facility to off-site locations for the
purpose of recycling, energy recovery,
treatment, and/or disposal.
A facility that meets the appropriate
reporting thresholds, but estimates that
the total annual reportable amount of
the chemical does not exceed 500
pounds per year, can take advantage of
an alternative manufacture, process, or
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otherwise use threshold of 1 million
pounds per year of the chemical,
provided that certain conditions are
met, and submit the Form A instead of
the Form R. In addition, respondents
may designate the specific chemical
identity of a substance as a trade secret
pursuant to EPCRA section 322 (42
U.S.C. 11042) and 40 CFR part 350.
OMB has approved the reporting and
recordkeeping requirements related to
Forms A and R, supplier notification,
and petitions under OMB Control No.
2070–0212 (EPA Information Collection
Request (ICR) No. 2613.04) and those
related to trade secret designations
under OMB Control No. 2050–0078
(EPA ICR No. 1428.12).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers relevant to EPA’s regulations
in 40 CFR are listed in 40 CFR part 9
and displayed on the information
collection instruments (e.g., forms,
instructions).
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA,
5 U.S.C. 601 et seq. The RFA applies
only to rules subject to notice and
comment rulemaking requirements
under the APA, 5 U.S.C. 553, or any
other statute. As discussed in Unit III.,
this rule is not subject to notice and
comment requirements because the
Agency has invoked the APA ‘‘good
cause’’ exception under 5 U.S.C. 553(b).
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments. The
action imposes no enforceable duty on
any state, local, or tribal governments or
the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications, as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999), because it will not have
substantial direct effects 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. Thus, Executive
Order 13175 does not apply to this
action.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000) because it will not have
substantial direct effects on tribal
governments, on the relationship
between the Federal government and
the Indian Tribes, or on the distribution
of power and responsibilities between
the Federal government and Indian
Tribes. It does not have substantial
direct effects on tribal government
because EPA does not anticipate that
PFAS reporting will be conducted by
Tribes so this rulemaking is not
expected to impose substantial direct
compliance costs on Tribal
governments. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of Executive
Order 13045. This action is not subject
to Executive Order 13045, because it
does not concern an environmental
health or safety risk. Since this action
does not concern human health, EPA’s
Policy on Children’s Health also does
not apply.
Although this action does not concern
an environmental health or safety risk,
this reporting rule will aid in collecting
information regarding PFAS. This rule
will be of use in identifying releases of
PFAS to which children may be
exposed. EPA believes that the
information obtained as a result of this
action could also be used by the public,
government agencies and others to
identify potential problems, set
priorities, and take appropriate steps to
reduce any potential human health or
environmental risks including those that
may disproportionately affect children.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not likely to have a
significant adverse effect on the supply,
distribution or use of energy. Further,
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we have concluded that this action is
not likely to have any adverse effect on
the supply, distribution or use of
energy.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards. As such, NTTAA
section 12(d), 15 U.S.C. 272, does not
apply to this action.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color) and lowincome populations.
The EPA believes that it is not
practicable to assess whether the human
health or environmental conditions that
exist prior to this action result in
disproportionate and adverse effects on
people of color, low-income populations
and/or indigenous peoples. This
regulatory action makes changes to the
reporting requirements for PFAS that
will result in more information being
collected and provided to the public; it
does not have any impact on human
health or the environment. This action
does not address any human health or
environmental risks and does not affect
the level of protection provided to
human health or the environment. This
action makes changes to the reporting
requirements for PFAS, which will
provide information that government
agencies and others can use to identify
potential problems, set priorities, and
help inform activities.
However, EPA believes that this type
of action does not directly concern
human health or environmental
conditions and therefore cannot be
evaluated with respect to potentially
disproportionate and adverse effects on
people of color, low-income populations
and/or indigenous peoples. This action
involves additions to reporting
requirements that will not affect the
level of protection provided to human
health or the environment. Although
this action does not concern human
health or environmental conditions, the
information collected through TRI
reporting will serve to inform
communities living near facilities that
report to TRI, and there is the potential
for new information about toxic
chemical releases and waste
management practices occurring in
those communities to become available
through the TRI reporting data.
The information obtained as a result
of this action may be used to collect
information on releases of PFAS.
Understanding releases of PFAS will
also help inform and tailor future EPA
actions to address PFAS as needed. EPA
also believes that the information
obtained as a result of this action
potentially could be used by the public
(including people of color, low-income
populations and/or indigenous peoples)
to inform their behavior as it relates to
releases of PFAS exposure or by
government agencies and others to
identify potential problems, set
priorities, and take appropriate steps to
reduce any potential human health or
environmental risks.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5
U.S.C. 801 et seq., and EPA will submit
a rule report to each House of the
Congress and to the Comptroller General
of the United States. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 372
Environmental protection, community
right-to-know, reporting and
recordkeeping requirements, and toxic
chemicals.
Dated: June 16, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR part
372 as follows:
PART 372—TOXIC CHEMICAL
RELEASE REPORTING: COMMUNITY
RIGHT-TO-KNOW
1. The authority citation for part 372
continues to read as follows:
■
Authority: 42 U.S.C. 11023 and 11048.
2. Amend § 372.65 by:
a. In paragraph (d) in table 4, adding
in alphabetical order entries for
‘‘Acetamide, N-(2-aminoethyl)-, 2-[(g-wperfluoro-C4-20-alkyl)thio] derivs.,
polymers with N1,N1-dimethyl-1,3propanediamine, epichlorohydrin and
ethylenediamine, oxidized’’;
‘‘Acetamide, N-[3(dimethylamino)propyl]-, 2-[(g-wperfluoro-C4-20-alkyl)thio] derivs.’’;
‘‘Acetic acid, 2-[(g-w-perfluoro-C4-20alkyl)thio] derivs., 2-hydroxypropyl
esters’’; ‘‘Alcohols, C8–16, g-wperfluoro, reaction products with 1,6diisocyanatohexane, glycidol and
stearyl alc.’’, ‘‘Ammonium
perfluorobutanoate’’,
‘‘Perfluorobutanoate’’,
‘‘Perfluorobutanoic acid’’, ‘‘Potassium
heptafluorobutanoate’’, and ‘‘Sodium
perfluorobutanoate.’’
■ b. In paragraph (e) in table 5, adding
in numerical order entries for ‘‘10495–
86–0’’; ‘‘2218–54–4’’; ‘‘2728655–42–1’’;
‘‘2738952–61–7’’; ‘‘2742694–36–4’’;
‘‘2744262–09–5’’; ‘‘2966–54–3’’; ‘‘375–
22–4’’; and ‘‘45048–62–2’’.
The additions read as follows:
■
■
§ 372.65 Chemicals and chemical
categories to which this part applies.
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TABLE 4 TO PARAGRAPH (d)
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Chemical name
CAS No.
Effective
date
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Acetamide, N-(2-aminoethyl)-, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs., polymers with N1,N1-dimethyl-1,3propanediamine, epichlorohydrin and ethylenediamine, oxidized ........................................................................... 2742694–36–4
Acetamide, N-[3-(dimethylamino)propyl]-, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs. ................................................. 2738952–61–7
Acetic acid, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs., 2-hydroxypropyl esters .......................................................... 2744262–09–5
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Alcohols, C8–16, g-w-perfluoro, reaction products with 1,6-diisocyanatohexane, glycidol and stearyl alc. ............... 2728655–42–1
*
*
*
*
*
*
*
Ammonium perfluorobutanoate ....................................................................................................................................
*
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TABLE 4 TO PARAGRAPH (d)—Continued
Chemical name
CAS No.
*
*
*
*
*
*
Perfluorobutanoate .......................................................................................................................................................
45048–62–2
*
*
*
*
*
*
Perfluorobutanoic acid .................................................................................................................................................
375–22–4
*
*
*
*
*
*
Potassium heptafluorobutanoate .................................................................................................................................
2966–54–3
*
*
*
*
*
*
Sodium perfluorobutanoate ..........................................................................................................................................
2218–54–4
*
*
*
*
*
*
*
*
*
*
Effective
date
*
1/1/23
*
1/1/23
*
1/1/23
*
*
1/1/23
*
(e) * * *
TABLE 5 TO PARAGRAPH (e)
Chemical name
*
375–22–4 .........
*
*
*
*
*
Perfluorobutanoic acid ..............................................................................................................................................
*
*
2218–54–4 .......
*
*
*
*
*
Sodium perfluorobutanoate .......................................................................................................................................
*
*
2966–54–3 .......
*
*
*
*
*
Potassium heptafluorobutanoate ..............................................................................................................................
*
*
45048–62–2 .....
*
*
*
*
*
Perfluorobutanoate ....................................................................................................................................................
*
*
10495–86–0 .....
*
*
*
*
*
Ammonium perfluorobutanoate .................................................................................................................................
*
*
2728655–42–1
2738952–61–7
2742694–36–4
*
*
*
*
*
Alcohols, C8–16, g-w-perfluoro, reaction products with 1,6-diisocyanatohexane, glycidol and stearyl alc .............
Acetamide, N-[3-(dimethylamino)propyl]-, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs ...............................................
Acetamide, N-(2-aminoethyl)-, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs., polymers with N1,N1-dimethyl-1,3propanediamine, epichlorohydrin and ethylenediamine, oxidized.
Acetic acid, 2-[(g-w-perfluoro-C4-20-alkyl)thio] derivs., 2-hydroxypropyl esters .......................................................
*
2744262–09–5
[FR Doc. 2023–13280 Filed 6–22–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Parts 502, 503, 520, 530, 535,
540, 550, 555 and 560
[Docket No. FMC–2023–0009]
RIN 3072–AC96
Update of Existing FMC User Fees
lotter on DSK11XQN23PROD with RULES1
Effective
date
CAS no.
Federal Maritime Commission
Correcting amendments.
AGENCY:
ACTION:
On March 21, 2023, the
Federal Maritime Commission (FMC)
published in the Federal Register a
direct final rule and request for
SUMMARY:
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comment updating its user fees. The
document inadvertently stated an
incorrect amount for two fees. The
document stated as the cost for
certification/validation of documents as
$93 instead of $107, and for NonAttorney Admission to Practice as $195
instead of $229. This document corrects
the error by aligning the fees as stated
in the rule with those that were
correctly identified in the 2023–3–
07FY23 User Fee Control File provided
in the docket as a supporting document.
DATES: This correction is effective on
July 24, 2023.
FOR FURTHER INFORMATION CONTACT:
William Cody, Secretary; Phone: (202)
523–5908; Email: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION: In the
March 21, 2023 direct final rule that the
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FMC published in the Federal Register,
the rule inadvertently stated the
incorrect amount for two fees for certain
services. The fee for the certification/
validation of documents found at both
46 CFR 503.50(c)(4) and 46 CFR
503.69(b)(2) was stated as $93 instead of
$107. Similarly, the fee for NonAttorney Admission to Practice at 46
CFR 503.50(d) was listed as $195
instead of $229. Included in the docket
with the direct final rule as a supporting
document was the 2023–3–07FY23 User
Fee Control File. This spreadsheet
shows the correct amounts for the fees
and shows how those fees were
calculated and is still available on the
docket. The FMC is now correcting the
error by aligning the fees in stated in the
rule with those that were correctly
E:\FR\FM\23JNR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41035-41039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13280]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[EPA-HQ-OPPT-2023-0223; FRL 10781-01-OCSPP]
RIN 2070-AL40
Implementing Statutory Addition of Certain Per- and
Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory
Beginning With Reporting Year 2023
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the list
of chemicals subject to toxic chemical release reporting under the
Emergency Planning and Community Right-to-Know Act (EPCRA) and the
Pollution Prevention Act (PPA). Specifically, this action updates the
regulations to identify nine per- and polyfluoroalkyl substances (PFAS)
that must be reported pursuant to the National Defense Authorization
Act for Fiscal Year 2020 (FY2020 NDAA) enacted on December 20, 2019. As
this action is being taken to conform the regulations to a
Congressional legislative mandate, notice and comment rulemaking is
unnecessary.
DATES: This final rule is effective July 24, 2023.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2023-0223, is available at
https://www.regulations.gov. Additional instructions on visiting the
docket, along with more information about dockets generally, is
available at https://www.epa.gov/dockets. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Brian Ventura, Data Gathering
and Analysis Division (7406M), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number: (202) 566-0897; email
address: [email protected].
For general information contact: The Emergency Planning and
Community Right-to-Know Act Hotline; telephone numbers: toll free at
(800) 424-9346 (select menu option 3) or (703) 348-5070 in the
Washington, DC, Area and International; or go to https://www.epa.gov/home/epa-hotlines.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or otherwise use any of the PFAS listed in this rule. The
following list of North American Industry Classification System (NAICS)
codes is not intended to be exhaustive, but rather provides a guide to
help readers determine whether this action applies to them. Potentially
affected entities may include:
Facilities included in the following NAICS manufacturing
codes (corresponding to Standard Industrial Classification (SIC) codes
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324,
325*, 326*, 327*, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*,
113310, 211130*, 212323*, 212390*, 488390*, 512230*, 512250*, 5131*,
516210*, 519290*, 541713*, 541715* or 811490*. *Exceptions and/or
limitations exist for these NAICS codes.
Facilities included in the following NAICS codes
(corresponding to SIC codes other than SIC codes 20 through 39):
211130* (corresponds to SIC code 1321, Natural Gas Liquids, and SIC
2819, Industrial Inorganic Chemicals, Not Elsewhere Classified); or
212114, 212115, 212220, 212230, 212290*; or 2211*, 221210*, 221330
(limited to facilities that combust coal and/or oil for the purpose of
generating power for distribution in commerce) (corresponds to SIC
codes 4911, 4931, and 4939, Electric Utilities); or 424690, 424710
(corresponds to SIC code 5171, Petroleum Bulk Terminals and Plants);
425120 (limited to facilities previously classified in SIC code 5169,
Chemicals and Allied Products, Not Elsewhere Classified); or 562112
(limited to facilities primarily engaged in solvent recovery services
on a contract or fee basis (previously classified under SIC code 7389,
Business Services, NEC)); or 562211*, 562212*, 562213*, 562219*, 562920
(limited to facilities regulated under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to SIC
code 4953, Refuse Systems). *Exceptions and/or limitations exist for
these NAICS codes.
Federal facilities.
A more detailed description of the types of facilities covered by
the NAICS codes subject to reporting under EPCRA section 313 can be
found at: https://www.epa.gov/toxics-release-inventory-tri-program/tri-covered-industry-sectors. To determine whether your facility would be
affected by this action, you should carefully examine the applicability
criteria in 40 CFR part 372, subpart B. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.
B. What action is the Agency taking?
EPA is codifying the nine additional PFAS that were added to the
EPCRA section 313 list of reportable chemicals (more commonly known as
the Toxics Release Inventory (TRI)) since the last conforming rule
pursuant to the FY2020 NDAA (87 FR 42651; July 18, 2022) (FRL-9427-01-
OCSPP)).
C. What is the Agency's authority for taking this action?
This action is issued under the authority of section 313 of the
Emergency Planning and Community Right-to-Know Act (EPCRA) (42 U.S.C.
11001 et seq.), section 6607 of the Pollution Prevention Act (PPA) (42
U.S.C. 13106), and section 7321 of the National Defense Authorization
Act for Fiscal Year 2020 (FY2020 NDAA) (Pub. L. 116-92).
II. Background
A. What is NDAA section 7321?
On December 20, 2019, the FY2020 NDAA was signed into law. Among
other provisions, section 7321(c) identifies certain regulatory
activities that automatically add PFAS or classes of PFAS to the EPCRA
section 313 list of reportable chemicals. Specifically, PFAS or classes
of PFAS are added to the EPCRA section 313 list of reportable chemicals
beginning January 1 of the calendar year after any one of the following
dates:
Final Toxicity Value. The date on which the Administrator
finalizes a toxicity value for the PFAS or class of PFAS;
Significant New Use Rule. The date on which the
Administrator makes a covered determination for the PFAS or class of
PFAS;
Addition to Existing Significant New Use Rule. The date on
which the PFAS or class of PFAS is added to a list of substances
covered by a covered determination;
Addition as an Active Chemical Substance. The date on
which the PFAS or class of PFAS to which a covered determination
applies is:
(1) Added to the list published under section 8(b)(1) of the Toxic
Substances
[[Page 41036]]
Control Act (TSCA) (15 U.S.C. 2601 et seq.) and designated as an active
chemical substance under TSCA section 8(b)(5)(A); or
(2) Designated as an active chemical substance under TSCA section
8(b)(5)(B) on the list published under TSCA section 8(b)(1).
The FY2020 NDAA defines ``covered determination'' as a
determination made by rule under TSCA section 5(a)(2) that a use of a
PFAS or class of PFAS is a significant new use (except such a
determination made in connection with a determination described in TSCA
sections 5(a)(3)(B) or 5(a)(3)(C)).
Under FY2020 NDAA section 7321(e), EPA must review confidential
business information (CBI) claims before PFAS are added to the list
pursuant to subsections (b)(1), (c)(1), or (d)(3) whose identities are
subject to a claim of protection from disclosure under 5 U.S.C. 552(a),
pursuant to subsection (b)(4) of that section. Under the FY2020 NDAA
EPA must:
Review a claim of protection from disclosure; and
Require that person to reassert and substantiate or re-
substantiate that claim in accordance with TSCA section 14(f) (15
U.S.C. 2613(f)).
In addition, if EPA determines that the chemical identity of a PFAS
or class of PFAS qualifies for protection from disclosure, EPA must
include the PFAS or class of PFAS on the TRI in a manner that does not
disclose the protected information.
B. What PFAS have been added to the TRI list?
EPA has reviewed the above-listed criteria and found nine chemicals
that meet the requirements of this part of the FY2020 NDAA and whose
identity is not claimed as confidential business information (CBI).
------------------------------------------------------------------------
Effective
Chemical name/CAS No. Triggering action date
------------------------------------------------------------------------
Perfluorobutanoic acid (375-22-4).. Final Toxicity Value 1/1/23
(Ref. 1).
Sodium perfluorobutanoate (2218-54- Final Toxicity Value 1/1/23
4). (Ref. 1).
Potassium heptafluorobutanoate Final Toxicity Value 1/1/23
(2966-54-3). (Ref. 1).
Ammonium perfluorobutanoate (10495- Final Toxicity Value 1/1/23
86-0). (Ref. 1).
Perfluorobutanoate (45048-62-2).... Final Toxicity Value 1/1/23
(Ref. 1).
Alcohols, C8-16, [gamma]-[omega]- Addition to Existing 1/1/23
perfluoro, reaction products with Significant New Use
1,6-diisocyanatohexane, glycidol Rule (see 85 FR
and stearyl alc. (2728655-42-1). 45109, July 27, 2020)
(FRL-10010-44).
CBI Declassification
(Ref. 2).
Acetamide, N-[3- Addition to Existing 1/1/23
(dimethylamino)propyl]-, 2- Significant New Use
[([gamma]-[omega]-perfluoro-C4-20- Rule (see 85 FR
alkyl)thio] derivs. (2738952-61-7). 45109, July 27, 2020)
(FRL-10010-44).
CBI Declassification
(Ref. 2).
Acetamide, N-(2-aminoethyl)-, 2- Addition to Existing 1/1/23
[([gamma]-[omega]-perfluoro-C4-20- Significant New Use
alkyl)thio] derivs., polymers with Rule (see 85 FR
N1,N1-dimethyl-1,3-propanediamine, 45109, July 27, 2020)
epichlorohydrin and (FRL-10010-44).
ethylenediamine, oxidized (2742694- CBI Declassification
36-4). (Ref. 2).
Acetic acid, 2-[([gamma]-[omega]- Addition to Existing 1/1/23
perfluoro-C4-20-alkyl)thio] Significant New Use
derivs., 2-hydroxypropyl esters Rule (see 85 FR
(2744262-09-5). 45109, July 27, 2020)
(FRL-10010-44).
CBI Declassification
(Ref. 2).
------------------------------------------------------------------------
As stated above, under FY2020 NDAA section 7321(e), EPA must review
CBI claims before PFAS whose identities are subject to a claim of
protection from disclosure under 5 U.S.C. 552(a) (pursuant to
subsection (b)(4)) are added to the list. The substances with the CAS
No. 2728655-42-1, 2738952-61-7, 2742694-36-4, and 2744262-09-5 met the
criteria under FY2020 NDAA section 7321(c)(1)(A)(iii), but were subject
to a claim of protection from disclosure under 5 U.S.C. 552(b)(4) at
that time (i.e., when the FY2020 NDAA was enacted). These substances'
identities have since been published on the non-confidential portion of
the TSCA Inventory in 2022; therefore, the chemicals were added
pursuant to FY2020 NDAA section 7321(e) to the TRI list and are being
incorporated into the CFR pursuant to this rule.
As established by the FY2020 NDAA, the addition of these PFAS to
the EPCRA section 313 list of reportable chemicals is effective January
1 of the calendar year following any of the dates identified in FY2020
NDAA section 7321(c)(1)(A). Accordingly, non-CBI PFAS are reportable
beginning with the 2023 reporting year (i.e., reports due July 1,
2024).
EPA is issuing this final rule to amend the EPCRA section 313 list
of reportable chemicals in 40 CFR 372.65 to include nine non-CBI PFAS
added pursuant to the FY2020 NDAA.
III. Good Cause Exception
Section 553(b)(B) of the Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an agency for good cause finds
that public notice and comment procedures are impracticable,
unnecessary, or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
EPA has determined that there is good cause for making this rule final
without prior proposal and opportunity for comment because such notice
and opportunity for comment is unnecessary. This action is being taken
to comply with a mandate in an Act of Congress, where Congress
identified actions that automatically add these chemicals to the TRI.
Thus, EPA has no discretion as to the outcome of this rule, which
merely aligns the regulations with the self-effectuating changes
provided by the FY2020 NDAA.
IV. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not itself physically located in the
docket. For assistance in locating these other documents, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
1. EPA.IRIS Toxicological Review of Perfluorobutanoic Acid (PFBA,
CASRN 375-22-4) and Related Salts. December 2022. https://iris.epa.gov/static/pdfs/0701tr.pdf.
[[Page 41037]]
2. EPA. Non-CBI TSCA Inventory, February 2022.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and 14094:
Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore
not subject to a requirement for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA, 44 U.S.C 3501 et. seq. Burden is defined in 5 CFR
1320.3(b). OMB has previously approved the information collection
activities contained in the existing regulations and assigned OMB
control numbers 2070-0212 and 2050-0078.
Currently, the facilities subject to the reporting requirements
under EPCRA section 313 and PPA section 6607 may use either EPA Toxic
Chemicals Release Inventory Form R (EPA Form 9350-1), or EPA Toxic
Chemicals Release Inventory Form A (EPA Form 9350-2). The Form R must
be completed if a facility manufactures, processes, or otherwise uses
any listed chemical above threshold quantities and meets certain other
criteria. For the Form A, EPA established an alternative threshold for
facilities with low annual reportable amounts of a listed toxic
chemical. The annual reportable amount is equal to the combined total
quantities of the following waste management activities:
Released at the facility (including disposed of within the
facility);
Treated at the facility (as represented by amounts
destroyed or converted by treatment processes);
Recovered at the facility as a result of recycling
operations;
Combusted for the purpose of energy recovery at the
facility; and
Amounts transferred from the facility to off-site
locations for the purpose of recycling, energy recovery, treatment,
and/or disposal.
A facility that meets the appropriate reporting thresholds, but
estimates that the total annual reportable amount of the chemical does
not exceed 500 pounds per year, can take advantage of an alternative
manufacture, process, or otherwise use threshold of 1 million pounds
per year of the chemical, provided that certain conditions are met, and
submit the Form A instead of the Form R. In addition, respondents may
designate the specific chemical identity of a substance as a trade
secret pursuant to EPCRA section 322 (42 U.S.C. 11042) and 40 CFR part
350. OMB has approved the reporting and recordkeeping requirements
related to Forms A and R, supplier notification, and petitions under
OMB Control No. 2070-0212 (EPA Information Collection Request (ICR) No.
2613.04) and those related to trade secret designations under OMB
Control No. 2050-0078 (EPA ICR No. 1428.12).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers relevant to
EPA's regulations in 40 CFR are listed in 40 CFR part 9 and displayed
on the information collection instruments (e.g., forms, instructions).
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA
applies only to rules subject to notice and comment rulemaking
requirements under the APA, 5 U.S.C. 553, or any other statute. As
discussed in Unit III., this rule is not subject to notice and comment
requirements because the Agency has invoked the APA ``good cause''
exception under 5 U.S.C. 553(b).
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
or more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not have substantial direct effects 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.
Thus, Executive Order 13175 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because it will
not have substantial direct effects on tribal governments, on the
relationship between the Federal government and the Indian Tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian Tribes. It does not have substantial direct
effects on tribal government because EPA does not anticipate that PFAS
reporting will be conducted by Tribes so this rulemaking is not
expected to impose substantial direct compliance costs on Tribal
governments. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of Executive Order 13045. This
action is not subject to Executive Order 13045, because it does not
concern an environmental health or safety risk. Since this action does
not concern human health, EPA's Policy on Children's Health also does
not apply.
Although this action does not concern an environmental health or
safety risk, this reporting rule will aid in collecting information
regarding PFAS. This rule will be of use in identifying releases of
PFAS to which children may be exposed. EPA believes that the
information obtained as a result of this action could also be used by
the public, government agencies and others to identify potential
problems, set priorities, and take appropriate steps to reduce any
potential human health or environmental risks including those that may
disproportionately affect children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy. Further,
[[Page 41038]]
we have concluded that this action is not likely to have any adverse
effect on the supply, distribution or use of energy.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. As such,
NTTAA section 12(d), 15 U.S.C. 272, does not apply to this action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color) and low-income
populations.
The EPA believes that it is not practicable to assess whether the
human health or environmental conditions that exist prior to this
action result in disproportionate and adverse effects on people of
color, low-income populations and/or indigenous peoples. This
regulatory action makes changes to the reporting requirements for PFAS
that will result in more information being collected and provided to
the public; it does not have any impact on human health or the
environment. This action does not address any human health or
environmental risks and does not affect the level of protection
provided to human health or the environment. This action makes changes
to the reporting requirements for PFAS, which will provide information
that government agencies and others can use to identify potential
problems, set priorities, and help inform activities.
However, EPA believes that this type of action does not directly
concern human health or environmental conditions and therefore cannot
be evaluated with respect to potentially disproportionate and adverse
effects on people of color, low-income populations and/or indigenous
peoples. This action involves additions to reporting requirements that
will not affect the level of protection provided to human health or the
environment. Although this action does not concern human health or
environmental conditions, the information collected through TRI
reporting will serve to inform communities living near facilities that
report to TRI, and there is the potential for new information about
toxic chemical releases and waste management practices occurring in
those communities to become available through the TRI reporting data.
The information obtained as a result of this action may be used to
collect information on releases of PFAS. Understanding releases of PFAS
will also help inform and tailor future EPA actions to address PFAS as
needed. EPA also believes that the information obtained as a result of
this action potentially could be used by the public (including people
of color, low-income populations and/or indigenous peoples) to inform
their behavior as it relates to releases of PFAS exposure or by
government agencies and others to identify potential problems, set
priorities, and take appropriate steps to reduce any potential human
health or environmental risks.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 372
Environmental protection, community right-to-know, reporting and
recordkeeping requirements, and toxic chemicals.
Dated: June 16, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR part 372 as follows:
PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW
0
1. The authority citation for part 372 continues to read as follows:
Authority: 42 U.S.C. 11023 and 11048.
0
2. Amend Sec. 372.65 by:
0
a. In paragraph (d) in table 4, adding in alphabetical order entries
for ``Acetamide, N-(2-aminoethyl)-, 2-[([gamma]-[omega]-perfluoro-C4-
20-alkyl)thio] derivs., polymers with N1,N1-dimethyl-1,3-
propanediamine, epichlorohydrin and ethylenediamine, oxidized'';
``Acetamide, N-[3-(dimethylamino)propyl]-, 2-[([gamma]-[omega]-
perfluoro-C4-20-alkyl)thio] derivs.''; ``Acetic acid, 2-[([gamma]-
[omega]-perfluoro-C4-20-alkyl)thio] derivs., 2-hydroxypropyl esters'';
``Alcohols, C8-16, [gamma]-[omega]-perfluoro, reaction products with
1,6-diisocyanatohexane, glycidol and stearyl alc.'', ``Ammonium
perfluorobutanoate'', ``Perfluorobutanoate'', ``Perfluorobutanoic
acid'', ``Potassium heptafluorobutanoate'', and ``Sodium
perfluorobutanoate.''
0
b. In paragraph (e) in table 5, adding in numerical order entries for
``10495-86-0''; ``2218-54-4''; ``2728655-42-1''; ``2738952-61-7'';
``2742694-36-4''; ``2744262-09-5''; ``2966-54-3''; ``375-22-4''; and
``45048-62-2''.
The additions read as follows:
Sec. 372.65 Chemicals and chemical categories to which this part
applies.
* * * * *
(d) * * *
Table 4 to Paragraph (d)
------------------------------------------------------------------------
Effective
Chemical name CAS No. date
------------------------------------------------------------------------
* * * * * * *
Acetamide, N-(2-aminoethyl)-, 2-[([gamma]- 2742694-36-4 1/1/23
[omega]-perfluoro-C4-20-alkyl)thio]
derivs., polymers with N1,N1-dimethyl-1,3-
propanediamine, epichlorohydrin and
ethylenediamine, oxidized.................
Acetamide, N-[3-(dimethylamino)propyl]-, 2- 2738952-61-7 1/1/23
[([gamma]-[omega]-perfluoro-C4-20-
alkyl)thio] derivs........................
Acetic acid, 2-[([gamma]-[omega]-perfluoro- 2744262-09-5 1/1/23
C4-20-alkyl)thio] derivs., 2-hydroxypropyl
esters....................................
* * * * * * *
Alcohols, C8-16, [gamma]-[omega]-perfluoro, 2728655-42-1 1/1/23
reaction products with 1,6-
diisocyanatohexane, glycidol and stearyl
alc.......................................
* * * * * * *
Ammonium perfluorobutanoate................ 10495-86-0 1/1/23
[[Page 41039]]
* * * * * * *
Perfluorobutanoate......................... 45048-62-2 1/1/23
* * * * * * *
Perfluorobutanoic acid..................... 375-22-4 1/1/23
* * * * * * *
Potassium heptafluorobutanoate............. 2966-54-3 1/1/23
* * * * * * *
Sodium perfluorobutanoate.................. 2218-54-4 1/1/23
* * * * * * *
------------------------------------------------------------------------
* * * * *
(e) * * *
Table 5 to Paragraph (e)
------------------------------------------------------------------------
Effective
CAS no. Chemical name date
------------------------------------------------------------------------
* * * * * * *
375-22-4..................... Perfluorobutanoic acid...... 1/1/23
* * * * * * *
2218-54-4.................... Sodium perfluorobutanoate... 1/1/23
* * * * * * *
2966-54-3.................... Potassium 1/1/23
heptafluorobutanoate.
* * * * * * *
45048-62-2................... Perfluorobutanoate.......... 1/1/23
* * * * * * *
10495-86-0................... Ammonium perfluorobutanoate. 1/1/23
* * * * * * *
2728655-42-1................. Alcohols, C8-16, [gamma]- 1/1/23
[omega]-perfluoro, reaction
products with 1,6-
diisocyanatohexane,
glycidol and stearyl alc.
2738952-61-7................. Acetamide, N-[3- 1/1/23
(dimethylamino)propyl]-, 2-
[([gamma]-[omega]-perfluoro-
C4-20-alkyl)thio] derivs.
2742694-36-4................. Acetamide, N-(2-aminoethyl)- 1/1/23
, 2-[([gamma]-[omega]-
perfluoro-C4-20-alkyl)thio]
derivs., polymers with
N1,N1-dimethyl-1,3-
propanediamine,
epichlorohydrin and
ethylenediamine, oxidized.
2744262-09-5................. Acetic acid, 2-[([gamma]- 1/1/23
[omega]-perfluoro-C4-20-
alkyl)thio] derivs., 2-
hydroxypropyl esters.
------------------------------------------------------------------------
[FR Doc. 2023-13280 Filed 6-22-23; 8:45 am]
BILLING CODE 6560-50-P
