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direct final Notification of Deletion and EPA–HQ–SFUND–2005–0011 and at ENVIRONMENTAL PROTECTION the Notification of Intent to Delete co- https://www.epa.gov/superfund/scrap- AGENCY published today in the ‘‘Proposed processing. Rules’’ section of the Federal Register. 40 CFR Part 721 V. Deletion Action (2) EPA has provided the State thirty [EPA–HQ–OPPT–2013–0225; FRL–10010– (30) working days for review of this EPA, with concurrence of the State of 44] action and the parallel Notification of Wisconsin, through the WDNR, has Intent to Delete prior to their RIN 2070–AJ99 determined that all appropriate publication today, and the State, through the WDNR, concurred with the response actions under CERCLA, other Long-Chain Perfluoroalkyl Carboxylate deletion of the Scrap Processing Site than operation and maintenance, and Perfluoroalkyl Sulfonate Chemical from the NPL on July 16, 2020. monitoring institutional controls, and Substances; Significant New Use Rule five-year reviews have been completed (3) Concurrently with the publication AGENCY: at the Scrap Processing Site. Therefore, Environmental Protection of this direct final Notification of Agency (EPA). Deletion, an announcement of the EPA is deleting the Scrap Processing ACTION: Final rule. availability of the parallel Notification Site from the NPL. of Intent to Delete is being published in Because EPA considers this action to SUMMARY: Under the Toxic Substances a major local newspaper, The Star be noncontroversial and routine, EPA is Control Act (TSCA), the Environmental News. The newspaper advertisement taking it without prior publication. This Protection Agency (EPA) is finalizing announces the 30-day public comment action will be effective September 25, amendments to the significant new use period concerning the Notification of 2020 unless EPA receives adverse rule (SNUR) for long-chain Intent to Delete the Scrap Processing comments by August 26, 2020. If perfluoroalkyl carboxylate (LCPFAC) Site from the NPL. adverse comments are received within chemical substances that were proposed (4) EPA placed copies of documents the 30-day public comment period, EPA on January 21, 2015; an amendment to supporting the proposed deletion in the will publish a timely withdrawal of this a SNUR for perfluoroalkyl sulfonate deletion docket and made these items direct final Notification of Deletion chemical substances that was proposed available for public inspection and before its effective date and the deletion on January 21, 2015; and an amendment copying at https://www.regulations.gov, will not take effect. EPA will prepare a to make inapplicable the exemption for Docket ID No. EPA–HQ–SFUND–2005– response to comments and continue persons who import a subset of LCPFAC 0011 and at https://www.epa.gov/ with the deletion process on the basis of chemical substances as part of surface superfund/scrap-processing. the Notification of Intent to Delete and coatings on articles, which was If adverse comments are received the comments already received. There proposed on March 3, 2020. This final within the 30-day public comment will be no additional opportunity to rule requires persons to notify EPA at period on this deletion action, EPA will comment. least 90 days before commencing the publish a timely notice of withdrawal of manufacture (including import) or this direct final Notification of Deletion List of Subjects in 40 CFR Part 300 processing of these chemical substances in the Federal Register before its for the significant new uses described in Environmental protection, Air effective date and will prepare a this notice. The required significant new pollution control, Chemicals, Hazardous response to comments and continue use notification initiates EPA’s substances, Hazardous waste, with the deletion process on the basis of evaluation of the conditions of use Intergovernmental relations, Penalties, the Notification of Intent to Delete and associated with the significant new use. Reporting and recordkeeping the comments already received. Manufacturing (including import) or Deletion of a site from the NPL does requirements, Superfund, Water processing for the significant new use not itself create, alter, or revoke any pollution control, Water supply. are prohibited from commencing until individual’s rights or obligations. Dated: July 22, 2020. EPA has conducted a review of the Deletion of a site from the NPL does not notice, made an appropriate in any way alter EPA’s right to take Kurt Thiede, determination on the notice, and taken enforcement actions, as appropriate. Regional Administrator, Region 5. such actions as are required in The NPL is designed primarily for For the reasons set out in this association with that determination. As informational purposes and to assist document, 40 CFR part 300 is amended with any SNUR, this final rule excludes EPA management. Section 300.425(e)(3) as follows: ongoing uses. Ongoing uses cannot be of the NCP states that the deletion of a subject to a SNUR. site from the NPL does not preclude PART 300—NATIONAL OIL AND eligibility for future response actions, DATES: This final rule is effective HAZARDOUS SUBSTANCES September 25, 2020. should future conditions warrant such POLLUTION CONTINGENCY PLAN actions. ADDRESSES: The docket for this action, identified by docket identification (ID) IV. Basis for Site Deletion ■ 1. The authority citation for part 300 number EPA–HQ–OPPT–2013–0225, is The EPA placed a copy of its Final continues to read as follows: available at http://www.regulations.gov Close Out Report for the Site and other Authority: 33 U.S.C. 1251 et seq. or at the Office of Pollution Prevention documents supporting the proposed and Toxics Docket (OPPT Docket), deletion in the deletion docket. The Appendix B to Part 300—[Amended] Environmental Protection Agency material provides the explanation of Docket Center (EPA/DC), West William ■ EPA’s rationale for the deletion and 2. Table 1 of Appendix B to part 300 Jefferson Clinton Bldg., Rm. 3334, 1301 demonstrates how it meets the deletion is amended by removing the entry ‘‘WI,’’ Constitution Ave. NW, Washington, DC. criteria. This information is made ‘‘Scrap Processing Co., Inc.’’, The Public Reading Room is open from available for public inspection in the ‘‘Medford’’. 8:30 a.m. to 4:30 p.m., Monday through deletion docket available at https:// [FR Doc. 2020–16248 Filed 7–24–20; 8:45 am] Friday, excluding legal holidays. The www.regulations.gov, Docket ID No. BILLING CODE 6560–50–P telephone number for the Public

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Reading Room is (202) 566–1744, and assist you and others in determining • The extent to which a use increases the telephone number for the OPPT whether this action might apply to the magnitude and duration of exposure Docket is (202) 566–0280. Please review certain entities. of human beings or the environment to the visitor instructions and additional This action may affect certain entities a chemical substance, information about the docket available through pre-existing import certification • The reasonably anticipated manner at http://www.epa.gov/dockets. and export notification rules under and methods of manufacturing, FOR FURTHER INFORMATION CONTACT: TSCA. Persons who import any processing, distribution in commerce, For technical information contact: chemical substance governed by a final and disposal of a chemical substance. Tyler Lloyd, Chemical Control Division SNUR are subject to the TSCA section In addition to these factors (7405M), Office of Pollution Prevention 13 (15 U.S.C. 2612) import certification enumerated in TSCA section 5(a)(2), the and Toxics, Environmental Protection requirements and the corresponding statute authorizes EPA to consider any Agency, 1200 Pennsylvania Ave. NW, regulations at 19 CFR 12.118 through other relevant factors. Once EPA Washington, DC 20460–0001; telephone 12.127; see also 19 CFR 127.28. Those determines that a use of a chemical number: (202) 564–4016; email address: persons must certify that the shipment substance is a significant new use, [email protected]. of the chemical substance complies with TSCA section 5(a)(1)(B)(i) requires For general information contact: The all applicable rules and orders under persons to submit a significant new use TSCA-Hotline, ABVI-Goodwill, 422 TSCA, including any SNUR notice (SNUN) to EPA at least 90 days South Clinton Ave., Rochester, NY requirements. The EPA policy in before they manufacture (including 14620; telephone number: (202) 554– support of import certification appears import) or process the chemical 1404; email address: TSCA-Hotline@ at 40 CFR part 707, subpart B. substance for that use (15 U.S.C. epa.gov. Additionally, persons who export or 2604(a)(1)(B)(i)). TSCA furthermore intend to export a chemical substance prohibits such manufacturing or SUPPLEMENTARY INFORMATION: that is the subject of a proposed or final processing from commencing until EPA I. Executive Summary SNUR are subject to the export has conducted a review of the notice, notification provisions of TSCA section made an appropriate determination on A. Does this action apply to me? 12(b) (15 U.S.C. 2611(b); see also 40 CFR the notice, and taken such actions as are You may be potentially affected by part 707, subpart D and 40 CFR 721.20). required in association with that this action if you manufacture Under the existing TSCA import determination (15 U.S.C. (including import), process, or certification and export notification 2604(a)(1)(B)(ii)). Additionally, TSCA distribute in commerce chemical rules, persons who import a chemical section 5(a)(5) (15 U.S.C. 2604(a)(5)), as substances and mixtures in the class of substance covered under this final rule amended in 2016, authorizes EPA to long-chain perfluoroalkyl carboxylate as part of an article would be exempt require notification for the import or (LCPFAC) and perfluoroalkyl sulfonate from TSCA section 13 import processing of a chemical substance as chemical substances. The following list certification, and persons who export or part of an article or category of articles of North American Industrial intend to export a chemical substance as under TSCA section 5(a)(1)(A)(ii) (15 Classification System (NAICS) codes is part of an article would be exempt from U.S.C. 2604(a)(1)(A)(ii)) if EPA makes an not intended to be exhaustive, but rather the TSCA section 12(b) export affirmative finding in a rule under provides a guide to help readers notification requirements. See Unit V. TSCA section 5(a)(2) (15 U.S.C. determine whether this document for more information on the 2604(a)(2)) that the reasonable potential applies to them. Potentially affected applicability of the import certification for exposure to the chemical substance entities may include: and export notification requirements. through the article or category of articles • Manufacturers (including If you have any questions regarding subject to the rule justifies notification. importers) of one or more of subject the applicability of this action to a As described in Unit V., the general chemical substances (NAICS codes 325 particular entity, consult the technical SNUR provisions are found at 40 CFR and 324110); e.g., chemical information contact listed under FOR part 721, subpart A. manufacturing and petroleum refineries. FURTHER INFORMATION CONTACT. C. What action is the Agency taking? • Fiber, yarn, and thread mills B. What is the Agency’s authority for In the Federal Register of January 21, (NAICS code 31311). taking this action? • Carpet and rug mills (NAICS code 2015 (80 FR 2885) (FRL–9915–63), EPA 314110). TSCA section 5(a)(2) (15 U.S.C. proposed a SNUR for Long-Chain • Home furnishing merchant 2604(a)(2)) authorizes EPA to determine Perfluoroalkyl Carboxylate and wholesalers (NAICS code 423220). that a use of a chemical substance is a Perfluoroalkyl Sulfonate Chemical • Carpet and upholstery cleaning ‘‘significant new use.’’ EPA must make Substances (Ref. 1). In the Federal services (NAICS code 561740). this determination by rule after Register of March 3, 2020 (85 FR 12479) • Manufacturers of computer and considering all relevant factors, (FRL–10003–21) (Ref. 2), EPA other electronic products, appliances, including those listed in TSCA section supplemented the 2015 proposed SNUR and components (NAICS codes 324 and 5(a)(2). TSCA section 5(a)(2) (15 U.S.C. to be responsive to the article 335). 2604(a)(2)) states that EPA’s consideration provision at section • Manufacturers of surgical and determination that a use of a chemical 5(a)(5), added with the passage of the medical instruments (NAICS 339112). substance is a significant new use must Frank R. Lautenberg Chemical Safety for • Merchant wholesalers (NAICS be made after consideration of the the 21st Century Act (Lautenberg Act), codes 423 and 424). following factors: which states that articles can be subject • Stores and retailers (NAICS codes • The projected volume of to notification requirements as a 442, 442, 444, 448, 451, 454). manufacturing and processing of a significant new use provided that EPA • Providers of other support services chemical substance, makes an affirmative finding in a rule (NAICS code 561990). • The extent to which a use changes that the reasonable potential for Other types of entities not listed in the type or form of exposure of human exposure to a chemical from an article this unit could also be affected. The beings or the environment to a chemical or category of articles justifies NAICS codes have been provided to substance, notification.

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EPA’s response to public comments carpets. The second significant new use This Economic Analysis (Ref. 4), which received on both the 2015 proposed rule date is December 31, 2015, for the is available in the docket, is discussed and the 2020 supplemental proposed manufacturing or processing of a subset in Unit IX., and is briefly summarized rule are provided in a Response to of LCPFAC chemical substances, those here. Comments document that is available in listed in the list of LCPFAC chemical In the event that a SNUN is the docket and summarized in Unit XII. substances in Unit II. for any use. The submitted, costs are estimated to be (Ref. 3). Please consult the Federal chemical substances listed in the list of approximately $23,000 per SNUN Register documents of January 21, 2015 LCPFAC chemical substances in Unit II. submission for large business submitters (Ref. 1) and March 3, 2020 (Ref. 2) for correspond to the chemical substances and about $10,000 for small business further background information for this that the principal manufacturers and submitters. The rule may also affect final rule. processors of LCPFAC chemical firms that plan to import articles that This final SNUR will require persons substances participating in the 2010/ may be subject to the SNUR. Although to notify EPA at least 90 days before 2015 PFOA Stewardship Program there are no specific requirements in the commencing: agreed to phaseout by the end of 2015. rule for these firms, they may choose to 1. The manufacturing (including Ongoing uses are described in the undertake some activity to assure importing) or processing of a subset of Response to Comment for this rule (Unit themselves that they are not LCPFAC chemical substances for any XII. and Ref. 3) and are reflected in undertaking a significant new use. In use that was not ongoing after December updates to the regulatory text. the accompanying Economic Analysis 31, 2015; In the supplement to the proposed for this SNUR (Ref. 4), EPA provides 2. The manufacturing (including rule (Ref. 2), EPA requested comment on example steps (and their respective importing) or processing of all other whether EPA could adopt a de minimis costs) that an importer might take to LCPFAC chemicals substances for threshold for determining ‘‘reasonable identify LCFPAC chemical substances which there were no ongoing uses as of potential for exposure’’ and if so, how in articles. These can include gathering January 21, 2015 (the date of the original that de minimis threshold could be information through agreements with 2015 proposal); established. Additionally, EPA suppliers, declarations through 3. The import of a subset of LCPFAC requested comment on whether or not databases or surveys, or use of a third- chemicals as part of a surface coating on the Agency should include a safe harbor party certification system. EPA is unable articles; and provision for importers of articles that to predict, however, what, if any, 4. The import of perfluoroalkyl can demonstrate their use was ongoing particular steps an importer might take; sulfonate chemical substances as part of prior to the effective date of this rule. thus, potential total costs were not carpets. EPA appreciates the comments received. estimated. Importers may require This final SNUR will preclude the In this final rule, EPA is not finalizing suppliers to provide certificates of commencement of such manufacturing a de minimis threshold for determining testing analysis of the products or and processing until EPA has conducted ‘‘reasonable potential for exposure’’ or a perform their own laboratory testing of a review of the notice, made an safe harbor provision. EPA will, certain articles. An estimate of article appropriate determination on the notice, however, continue to engage with testing cost is provided in Exhibit 3–7 and taken such actions as are required interested stakeholders on these two of the Economic Analysis. While testing in association with that determination. issues. A further discussion of the costs will vary depending on the In the Federal Register of April 24, comments received relating to a de specific chemical being tested for, the 1990 (55 FR 17376; FRL–3658–5), EPA minimis threshold and a safe harbor complexity of the article and sample decided that the intent of TSCA section provision are included in the Response preparation required, and the exact fees 5(a)(1)(B) is best served by designating to Comment for this rule (Unit XII. and of the laboratory chosen for the analysis, a use as a significant new use as of the Ref. 3). an average of $150 per article tested is date of publication of the proposed rule given in the Exhibit. rather than as of the effective date of the D. Why is the Agency taking this action? final rule. Uses arising after the These SNUR amendments are II. Chemical Substances Subject to This publication of the proposed rule are necessary to ensure that EPA receives Rule distinguished from uses that exist at timely advance notice of any future This final SNUR modifies the publication of the proposed rule. The manufacturing (including importing) requirements for a subset of LCPFAC former would be new uses, the latter and processing of LCPFAC and chemical substances in the existing would be ongoing uses, except that uses perfluoroalkyl sulfonate chemical SNUR at 40 CFR 721.10536 by: that are ongoing as of the publication of substances for new uses that may 1. Designating manufacturing the proposed rule would not be produce changes in human and (including importing) or processing of considered ongoing uses if they have environmental exposures. Additionally, LCPFAC chemical substances listed in ceased by the date of issuance of a final section 7352 of the National Defense the list of LCPFAC chemical substances rule. This rule was published on Authorization Act of 2020 mandates in this unit for any use that was no January 21, 2015 and contains two that EPA take final action on the 2015 longer ongoing after December 31, 2015, significant new use dates. The first proposal no later than June 22, 2020. as a significant new use; and significant new use date is the date that The rationale and objectives for this 2. Designating manufacturing the 2015 proposed rule published and rule are explained in Unit III. (including importing) or processing of applies to: The manufacturing or perfluorooctanoic acid (PFOA) or its processing of all LCPFAC chemicals E. What are the estimated incremental salts, which are considered LCPFAC substances, other than those listed in impacts of this action? chemical substances, and all other the list of LCPFAC chemical substances EPA has evaluated the potential costs LCPFAC chemical substances for any in Unit II.; the import of articles of establishing SNUR reporting use not ongoing as of January 21, 2015, containing a subset of LCPFAC chemical requirements for potential the date on which the proposed rule substances as part of a surface coating; manufacturers (including importers) was published, as a significant new use. and the import of perfluoroalkyl and processors of the chemical For this final SNUR, EPA is also sulfonate chemical substances as part of substances included in this final rule. making the exemption at 40 CFR

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721.45(f) inapplicable for persons who Pentacosafluorotetradecan-1-ol (CASRN • Polyfluoroalkyl betaine (generic) import LCPFAC chemical substances 39239–77–5; TSCA Chemical Inventory (CASRN is CBI; EPA Accession No. listed in the list of LCPFAC chemical Name: 1-Tetradecanol, 71217; TSCA Chemical Inventory Name: substances in this unit and PFOA or its 3,3,4,4,5,5,6,6,7,7,8,8, Polyfluoroalkyl betaine salts (see examples in this unit) as part 9,9,10,10,11,11,12,12,13,13,14,14,14- (PROVISIONAL)). of a surface coating on articles because pentacosafluoro-). • Modified fluoroalkyl urethane there is reasonable potential for • 3,3,4,4,5,5,6,6,7,7,8,8,9,9, (generic) (CASRN is CBI; EPA Accession exposure to LCPFAC chemical 10,10,11,11,12,12,13,13,14, No. 89419; TSCA Chemical Inventory substances, including PFOA, if these 14,15,15,16,16,16- Name: Modified fluoroalkyl urethane chemical substances are incorporated as Nonacosafluorohexadecan-1-ol (CASRN (PROVISIONAL)). surface coatings in articles and then 60699–51–6; TSCA Chemical Inventory • Perfluorinated polyamine (generic) imported. As was originally proposed in Name: 1-Hexadecanol, 3,3,4,4,5,5,6,6, (CASRN is CBI; EPA Accession No. 2015, the article exemption still applies 7,7,8,8,9,9,10,10,11,11,12,12,13,13,14, 274147; TSCA Chemical Inventory to LCPFAC chemical substances not 14,15,15,16,16,16-nonacosafluoro-). Name: Perfluorinated polyamine listed in this unit or that are not PFOA • 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7, (PROVISIONAL)). or its salts, with the exception of the 8,8,9,9,10,10,11,11,12,12,13,13,14,14- The term LCPFAC refers to the long- import of carpets, for which the import Nonacosafluoro-16-iodohexadecane chain category of perfluorinated exemption is already inapplicable (78 (CASRN 65510–55–6; TSCA Chemical carboxylate chemical substances with FR 62443, October 22, 2013; FRL–9397– Inventory Name: Hexadecane, perfluorinated carbon chain lengths 1). The other provision of 40 CFR 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8, equal to or greater than seven carbons 721.45(f), respecting processing a 9,9,10,10,11,11,12,12,13,13,14,14- and less than or equal to 20 carbons. nonacosafluoro-16-iodo-). The category of LCPFAC chemical chemical substance as part of an article, • remains applicable. These LCPFAC Sodium;2-methylpropane-1- substances also includes the salts and chemical substances are: sulfonate (CASRN 68187–47–3; TSCA precursors of these perfluorinated • Perfluorooctyl iodide (CAS Registry Chemical Inventory Name: 1- carboxylates. See Unit II.A. of the 2015 No. (CASRN) 507–63–1; TSCA Chemical Propanesulfonic acid, 2-methyl-, 2-[[1- proposed rule (Ref. 1) for further Inventory Name: Octane, oxo-3-[(.gamma.-.omega.-perfluoro- C4– discussion of the LCPFAC category. In 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8- 16-alkyl)thio]propyl]amino] derivs., addition to the subset of LCPFAC sodium salts). chemical substances identified in the heptadecafluoro-8-iodo-). • • Tetrahydroperfluoro-1-decanol 1,1,2,2-Tetrahydroperfluoroalkyl list above, PFOA and its salts are subject (CASRN 678–39–7; TSCA Chemical (C8–C14) alcohol (CASRN 68391–08–2; to the final rule. PFOA and its salts are Inventory Name: 1-Decanol, TSCA Chemical Inventory Name: considered LCPFAC chemical 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- Alcohols, C8–14, .gamma.-.omega.- substances. PFOA and examples of perfluoro). PFOA salts with CASRNs and chemical heptadecafluoro-). • • Perfluoro-1-dodecanol (CASRN Thiols, C8–20, gamma-omega- names are as follows: 865–86–1; TSCA Chemical Inventory perfluoro, telomers with acrylamide • Pentadecafluorooctanoyl fluoride Name: 1-Dodecanol, (CASRN 70969–47–0; TSCA Chemical (CASRN 335–66–0; TSCA Chemical 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10, Inventory Name: Thiols, C8–20, Inventory Name: Octanoyl fluoride, 10,11,11,12,12,12-heneicosafluoro-). .gamma.-.omega.-perfluoro, telomers 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- • Perfluorodecyl iodide (CASRN with acrylamide). pentadecafluoro-). • 2043–53–0; TSCA Chemical Inventory Silicic acid (H4SiO4), sodium salt • Perfluorooctanoic acid (CASRN Name: Decane, 1,1,1,2,2,3,3,4,4,5,5 (1:2), reaction products with 335–67–1; TSCA Chemical Inventory ,6,6,7,7,8,8-heptadecafluoro-10-iodo-). chlorotrimethylsilane and Name: Octanoic acid, 2,2,3,3,4,4,5,5,6, • 1,1,2,2-Tetrahydroperfluorododecyl 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- 6,7,7,8,8,8-pentadecafluoro- (PFOA)). iodide (CASRN 2043–54–1; TSCA heptadecafluoro-1-decanol (CASRN • Silver perfluorooctanoate (CASRN Chemical Inventory Name: Dodecane, 125476–71–3; TSCA Chemical 335–93–3; TSCA Chemical Inventory 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10, Inventory Name: Silicic acid (H4SiO4), Name: Octanoic acid, 10-heneicosafluoro-12-iodo-). sodium salt (1:2), reaction products with 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- • Perfluorodecylethyl acrylate chlorotrimethylsilane and pentadecafluoro-, silver (+) salt (1:1)). (CASRN 17741–60–5; TSCA Chemical 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- • Sodium perfluorooctanoate Inventory Name: 2-Propenoic acid, heptadecafluoro-1-decanol). (CASRN 335–95–5; TSCA Chemical 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11, • Thiols, C4–20, gamma-omega- Inventory Name: Octanoic acid, 12,12,12-heneicosafluorododecyl ester). perfluoro, telomers with acrylamide and 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- • 1,1,2,2-Tetrahydroperfluorodecyl acrylic acid, sodium salts) (CASRN pentadecafluoro-, sodium salt (1:1)). acrylate (CASRN 27905–45–9; TSCA 1078712–88–5; TSCA Chemical • Potassium perfluorooctanoate Chemical Inventory Name: 2-Propenoic Inventory Name: Thiols, C4–20, (CASRN 2395–00–8; TSCA Chemical acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- .gamma.-.omega.-perfluoro, telomers Inventory Name: Octanoic acid, heptadecafluorodecyl ester). with acrylamide and acrylic acid, 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- • 1,1,1,2,2,3,3,4,4,5,5,6,6, sodium salts). pentadecafluoro-, potassium salt (1:1)). 7,7,8,8,9,9,10,10,11,11,12,12- • 1-Propanaminium, 3-amino-N- • Ammonium perfluorooctanoate Pentacosafluoro-14-iodotetradecane (carboxymethyl)-N,N-dimethyl-, N-(2- (CASRN 3825–26–1; TSCA Chemical (CASRN 30046–31–2; TSCA Chemical ((gamma-omega-perfluoro-C4–20- Inventory Name: Octanoic acid, Inventory Name: Tetradecane, alkyl)thio)acetyl) derivs., inner salts 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- 1,1,1,2,2,3,3,4,4,5,5,6,6, (CASRN 1078715–61–3; TSCA Chemical pentadecafluoro-, ammonium salt (1:1) 7,7,8,8,9,9,10,10,11,11,12,12- Inventory Name: 1-Propanaminium, 3- (APFO). pentacosafluoro-14-iodo-). amino-N-(carboxymethyl)-N,N- EPA is also amending the existing • 3,3,4,4,5,5,6,6,7,7, dimethyl-, N-[2-[(.gamma.-.omega.- SNUR at 40 CFR 721.9582 for 8,8,9,9,10,10,11,11, perfluoro-C4–20-a lkyl)thio]acetyl] perfluoroalkyl sulfonate chemical 12,12,13,13,14,14,14- derivs., inner salts). substances to make the exemption at 40

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CFR 721.45(f) inapplicable for persons which can exist in the anionic form perfluoroalkyl sulfonates are no longer who import perfluoroalkyl sulfonate under certain environmental conditions imported as part of carpets. EPA is chemical substances as part of carpets, (Ref. 15). PFASA is highly persistent in concerned that the manufacturing or which is being finalized as proposed. the environment and has a tendency to processing of these chemical substances The perfluoroalkyl sulfonate chemical bioaccumulate (Ref. 15). While most for significant new uses could be substances for which EPA is modifying studies of perfluoroalkyl sulfonate reinitiated in the future. If reinitiated, an existing SNUR are currently listed in chemical substances to date have EPA believes that such use could 40 CFR 721.9582(a)(1). In this rule, focused primarily on perfluorooctane significantly increase the magnitude and which is consistent with the proposal sulfonate (PFOS), structure-activity duration of exposure to humans and the and 40 CFR 721.9582, the term relationship analysis indicates that the environment to these chemical perfluoroalkyl sulfonates refers to a results of those studies are applicable to substances. category of perfluorinated sulfonate the entire category. Available test data 2. Identification of Significant New Uses chemical substances of any chain have raised concerns about their length. In the 2015 proposed rule, as potential developmental, reproductive, Consistent with EPA’s past practice was past practice, perfluoroalkyl and systemic toxicity (Refs. 5, 6, 13, and for issuing SNURs under TSCA section sulfonates chemical substances were 19). 5(a)(2), EPA’s decision to propose a referred to as ‘‘PFAS’’ chemical In the absence of a regulation, SNUR for a particular use of a chemical substances. EPA, however, recognizes manufacture or processing for the substance is not based on an extensive that the acronym PFAS is now used for significant new uses proposed on evaluation of the hazard, exposure, or ‘‘perfluoroalkyl and polyfluoroalkyl January 21, 2015 (Ref. 1), may begin at potential risk associated with that use. substances.’’ Moving forward, EPA will any time, without prior notice to EPA. Rather, EPA’s determination that a use use PFAS as an acronym for As explained in the January 21, 2015, constitutes a significant new use perfluoroalkyl and polyfluoroalkyl proposal (Ref. 1), EPA is concerned that requires a notice, upon receipt of which substances. commencement of the manufacture or EPA would conduct an assessment. If a processing for any new uses, including person decides to begin manufacturing III. Rationale and Objectives resumption of past uses, of LCPFAC and or processing any of these chemicals for A. Rationale perfluoroalkyl sulfonate chemical a significant new use, the notice to EPA substances could increase the allows the Agency to evaluate the use 1. Known Exposures to LCPFAC and magnitude and duration of exposure to according to the specific parameters and Perfluoroalkyl Sulfonate Substances humans and the environment. circumstances surrounding the LCPFAC and perfluoroalkyl sulfonate The manufacture of LCPFAC chemical conditions of use. chemical substances have been found in substances listed in Unit II. was 3. Basis for Lifting the Article the blood of the general human discontinued after December 31, 2015, Exemption population, as well as in wildlife, as committed by the principal indicating that exposure to these manufacturers and processors of Enacted on June 22, 2016, the Frank chemical substances is widespread LCPFAC chemical substances R. Lautenberg Chemical Safety for the (Refs. 5, 6, and 7). PFOA and its salts, participating in the 2010/2015 PFOA 21st Century Act (Pub. L. 114–182) which are considered LCPFAC chemical Stewardship Program. Given that these amended several sections of TSCA and substances, have been a primary focus chemical substances have been added section 5(a)(5), Article of studies related to the LCPFAC class discontinued, EPA expects the presence Consideration, which states that EPA of chemical substances. PFOA is of LCPFAC chemical substances in ‘‘may require notification under this persistent, widely present in humans humans and the environment to decline section for the import or processing of and the environment, has a half-life in over time as has been observed in the a chemical substance as part of an humans of 2.3–3.8 years, and can cause past when production and use of other article or category of articles’’ if EPA adverse effects in laboratory animals, persistent chemicals have ceased (Ref. affirmatively finds in a rule under including cancer and developmental 20). At this time, EPA is aware, and has section 5(a)(2) that the reasonable and systemic toxicity (Refs. 5, 8, 9, 10, provided an exemption for, the potential for exposure to the chemical and 11). Human epidemiology data processing of select chemical substances substance through the article or category report associations between PFOA listed in Unit II. that continues from the of articles justifies notification. In the exposure and high cholesterol, use of existing stocks for specific uses. 2015 proposal (Ref. 1), EPA proposed to increased liver enzymes, decreased The processing of existing stocks of make the exemption from notification vaccination response, thyroid disorders, these LCPFAC chemical substances is requirements for persons who import pregnancy-induced hypertension and expected to decline over time as stocks the chemical substance as part of an preeclampsia, and cancer (testicular and of these chemicals are depleted. article inapplicable for the import of a kidney) (Ref. 12). PFOA precursors, Similarly, EPA also expects ongoing subset of LCPFAC chemical substances chemicals which degrade or may uses of other LCPFAC chemicals in ‘‘all’’ articles. After careful degrade to PFOA, are also present substances to decline because the consideration, and in order to align the worldwide in humans and the manufacture and processing for those 2015 proposed rule with the new environment and, in some cases, might uses have declined or ceased, as requirements under TSCA, EPA issued be more toxic and be present at higher indicated by industry communication, a supplemental proposal to require concentrations than PFOA (Refs. 13, 14, market research, information submitted submission of a significant new use 15, 16, and 17). Multiple pathways of to EPA under the Chemical Data notice for the import of a subset of exposure, including through drinking Reporting (CDR) rule, and comments LCPFAC chemical substances ‘‘as part of water, food, house dust, and release received related to the proposed rule a surface coating on articles’’ as opposed from treated articles, are possible (Ref. (Ref. 1) and supplement to the proposed to ‘‘all articles.’’ The supplemental 18). rule (Ref. 2). In addition, EPA expects proposal better defined the articles Perfluoroalkyl sulfonate chemical the presence of perfluoroalkyl sulfonate subject to the rule by defining the substances degrade ultimately to chemical substances to decline in subject articles by the category: perfluoroalkylsulfonic acid (PFASA), humans and the environment because ‘‘imported articles where certain

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LCPFAC chemical substances are part of notification for import is justified by the and to include a definition in the a surface coating on the articles.’’ While reasonable potential for exposure to regulatory text. EPA does not intend to the 2020 supplemental and the 2015 certain LCPFAC chemical substances finalize a regulatory definition of proposed SNUR differ in language, EPA when part of surface coatings on ‘‘surface coating.’’ Rather, EPA will be believes that the difference in impact articles. If a person wants to issuing guidance within a reasonable will be minimal. LCPFAC chemical recommence a significant new use, timeframe of the final rule. EPA is not substances can be applied to articles as existence of the SNUR ensures the defining this term due to the many a surface coating. By lifting the articles submission of a SNUN, thereby allowing different ways that LCPFAC chemical exemption for articles that contain EPA to evaluate potential uses (before substances could be applied to an article certain LCPFAC chemical substances as those uses would begin) for any hazards, as part of a surface coating and how a part of a surface coating, EPA believes exposures and risks that might exist. given article could move through the During the public comment period for that it has captured the majority of supply chain from manufacture to article applications of these chemical the supplemental proposal (Ref. 2), disposal. EPA believes that this substances. Other than instances where several commenters questioned if EPA approach ensures that EPA will have the LCPFAC chemicals may be used to had adequately shown the reasonable manufacture fluoropolymer membranes, potential for exposure from articles opportunity to conduct a detailed EPA is unaware of any other uses of containing LCPFAC chemical consideration of potential exposures LCPFAC chemical substances in articles substances as part of a surface coating related to these uses when there is a other than as a surface coating. EPA may or the risks associated with such specific condition of use to review. If propose future SNURs for the import of potential exposure. One commenter EPA receives a SNUN, EPA will other articles containing LCPFAC asked that EPA provide linking data evaluate the potential releases from the chemical substances as appropriate. between presence of LCPFAC chemical article with information specific to that Products such as paints and coatings, substances in the general population article. lubricants, and fire-fighting foam are not and the release of LCPFAC chemical Articles that have surface coatings articles. As defined at 40 CFR 704.3, substances from coatings. EPA believes that contain certain LCPFAC chemical article means a manufactured item (1) that the reasonable potential for substances that have been cured or which is formed to a specific shape or exposure has been addressed through undergone chemical reaction after being design during manufacture, (2) which the studies cited in both this final rule applied to an article are subject to this has end use function(s) dependent in and the supplement to the proposed rule. Even when LCPFAC are bound whole or in part upon its shape or rule (Refs. 2, 5, 23, 25, and 26). EPA has within the matrix of the coating, they design during end use, and (3) which provided support that there is a can still be released from the coating has either no change of chemical reasonable potential for exposure composition during its end use or only through the citation of peer-reviewed over time and present a reasonable those changes of composition which literature, which documents that potential for exposure. These surface have no commercial purpose separate LCPFAC chemical substances either coatings have been unambiguously from that of the article, and that result have the reasonable potential to migrate shown to be a source of LCPFAC in the from a chemical reaction that occurs from articles or that LCPFAC chemical environment (Refs. 23, 25, 27, and 28), upon end use of other chemical substances do migrate from articles. In even when adhered to surfaces in substances, mixtures, or articles; except order to require notification for the accordance with practices reported in that fluids and particles are not import or processing of an article under patents (Refs. 23 and 25), and hence, considered articles regardless of shape TSCA section 5, it is not necessary to present the reasonable potential for or design. Examples of articles that definitively show or illustrate the exposure to the chemical substance could contain LCPFAC chemical mechanisms by which exposure to a through the category of articles subject substances as part of a surface coating chemical substance through an article to the rule. include, but are not limited to, apparel, may occur. Since the use designated as As noted in Unit V. of the proposed outdoor equipment, automotive parts, a significant new use does not currently rule (Ref.1), EPA is retaining the carpets, furniture, and electronic exist, EPA defers a detailed exemption at 40 CFR 721.45(f) for components. consideration of potential exposures persons who process chemical As detailed in the March 3, 2020 related to that use until there is a substances as part of articles because supplemental proposal (Ref. 2), given specific condition of use and data to existing stocks of articles still contain that the release of LCPFAC chemical review. EPA’s standard for an LCPFAC or perfluoroalkyl sulfonate substances from surface coatings on affirmative finding is consistent with chemical substances. EPA considers articles has been shown to occur and the statutory language requiring a recycling to be a form of processing (Ref. that these releases can reasonably be reasonable potential for exposure (rather 29). Because the processing of articles expected to result in exposure to the than a certainty of exposure. users of articles and the general public As stated in the supplemental containing LCPFAC or perfluoroalkyl (Refs. 21, 22, 23, 24, and 25), EPA has proposal, a coating is a material applied sulfonate chemical substances is reason to anticipate that importing in a thin layer to a surface as a ongoing, it cannot be subject to a SNUR. articles that have certain LCPFAC protective, decorative, or functional If EPA finds reason to believe that the chemical substances as part of a surface film. This term often refers to paints processing of articles containing coating would create a reasonable such as lacquers or enamels, but also LCPFAC or perfluoroalkyl sulfonate potential for exposure to these LCPFAC refers to films applied to other materials chemical substances has ceased, EPA chemical substances, and that EPA including, but are not limited to, paints, may issue a future SNUR on the should have an opportunity to review varnishes, sealants, adhesives, inks, processing of articles that contain these the use before such use could occur. maskants, and temporary protective chemical substances. See Comment- Therefore, in light of the evidence coatings. During the public comment Response 7 in the Response to Comment before EPA (including the studies period for the 2020 supplemental document for additional discussion of referenced below), EPA affirmatively proposal (Ref. 2), several commenters the ongoing processing of these finds under TSCA section 5(a)(5) that asked EPA to define ‘‘surface coating’’ chemical substances (Ref. 3).

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B. Objectives processing of LCPFAC and chemical substances for the new use. Based on the considerations in Unit perfluoroalkyl sulfonate chemical This required notification provides EPA III.A., EPA wants to achieve the substances for these uses has been with the opportunity to evaluate any following objectives with regard to the discontinued in the United States, intended significant new use of the significant new uses of LCPFAC and exposure will decrease over time. EPA regulated chemical substances and, if perfluoroalkyl sulfonate chemical expects their presence in humans and necessary, an opportunity to protect substances that are designated in the the environment to decline over time. If against potential unreasonable risks. January 21, 2015, proposal (Ref. 1) and any of the new uses of LCPFAC and EPA has determined that the import the March 3, 2020, supplemental perfluoroalkyl sulfonate chemical of fluoropolymer dispersions and proposal (Ref. 2): substances were to resume after having emulsions and articles containing 1. EPA would receive notice of any been phased out, EPA believes that such fluoropolymers in articles is not a person’s intent to manufacture uses could both change the type and significant new use because, at the time (including import) or process the form and increase the magnitude and of the 2015 proposed rule, EPA believed chemical substances for the described duration of human and environmental this use to be ongoing and did not significant new use before that activity exposure to the substances, constituting propose to include this use in the begins. a significant new use. Based on SNUR. Ongoing uses cannot be subject 2. EPA would have an opportunity to consideration of the statutory factors to a SNUR. Since proposing the SNUR review and evaluate data submitted in a discussed herein, EPA has determined in 2015, EPA has received comment that SNUN before the notice submitter the following uses are significant new the use fluoropolymer dispersions and begins manufacturing or processing the uses: emulsions made with PFOA has ceased. • chemical substances for the described Manufacturing (including Because EPA did not propose and take significant new use. importing) or processing of LCPFAC comment on lifting the exemption for 3. EPA would be able to either chemical substances listed in the list of the import of fluoropolymer dispersions determine that the significant new use LCPFAC chemical substances in Unit II. and emulsions, and fluoropolymers as is not likely to present an unreasonable for any use that is no longer ongoing part of articles, EPA has not included it risk, or to take necessary regulatory after December 31, 2015. in this final rule. At this time, EPA is • action associated with any other Manufacturing (including not making inapplicable any of the determination, before the described importing) or processing of PFOA or its standard exemptions at 40 CFR 721.45 significant new use of the chemical salts for any use not ongoing as of the for fluoropolymer dispersions and substance occurs. date on which the proposed rule was emulsions, and fluoropolymers as part published (Ref. 1). of articles. Yet, EPA may issue a future IV. Significant New Use Determination • Manufacturing (including SNUR on the manufacture and According to TSCA section 5(a)(2), importing) or processing of all other processing of fluoropolymer dispersions EPA’s determination that a use of a LCPFAC chemical substances for any and emulsions and articles containing chemical substance is a significant new use not ongoing as of January 21, 2015, fluoropolymers. use must be made after consideration of the date on which the proposed rule In a previous rule (78 FR 62443, all relevant factors, including: was published (Ref. 1). October 22, 2013; FRL–9397–1), EPA 1. The projected volume of EPA believes any new use of certain designated all uses of the perfluoroalkyl manufacturing and processing of a LCPFAC chemical substances as part of sulfonate chemicals identified in 40 chemical substance. a surface coating of an article could CFR 721.9582 as significant new uses, 2. The extent to which a use changes increase the duration and magnitude of except the ongoing uses specified in 40 the type or form of exposure of human human and environmental exposure to CFR 721.9582 (a)(3) through (a)(5). The beings or the environment to a chemical the chemical substances, as discussed in Agency has determined that the substance. the March 3, 2020, supplement to manufacture (including import) and 3. The extent to which a use increases proposed SNUR (Ref. 2). Based on these processing of any of the perfluoroalkyl the magnitude and duration of exposure considerations, EPA has determined sulfonate chemical substances subject to of human beings or the environment to that: Importing LCPFAC chemical this rule have been discontinued, a chemical substance. substances listed in the list of LCPFAC including the importing of these 4. The reasonably anticipated manner chemical substances in Unit II. and chemical substances as part of carpets. and methods of manufacturing, PFOA or its salts (See Unit I. for EPA believes any new use of processing, distribution in commerce, examples of PFOA salts) as part of a perfluoroalkyl sulfonate chemicals and disposal of a chemical substance. surface coating of an article, for uses not substances as part of carpets could In addition to these factors ongoing as of the date on which the increase the duration and magnitude of enumerated in TSCA section 5(a)(2), the 2015 proposed rule was published (Ref. human and environmental exposure to statute authorizes EPA to consider any 1), constitutes a significant new use and the chemical substances, as discussed in other relevant factors to determine what warrants making the exemption at 40 the January 21, 2015, proposed SNUR would constitute a significant new use CFR 721.45(f) inapplicable to importers (Ref. 1). The category of articles subject of the LCPFAC and perfluoroalkyl of such articles. to the SNUR has not been modified sulfonate chemical substances subject to Evidence supports that there is a since the 2015 proposed rule; therefore, this final rule, as discussed in this unit. reasonable potential for exposure to the EPA does not need to modify any of its EPA considered relevant information chemical substances subject to this considerations in order to make the about the toxicity of these substances, SNUR through their importation as part finding under section 5(a)(5). Based on trends in blood levels, likely human of a surface coating of an article. EPA the information provided in the 2015 exposures and environmental releases should have an opportunity to review proposed SNUR, EPA affirmatively associated with possible uses, and the such uses before they can resume. finds under TSCA section 5(a)(5) that four factors listed in TSCA section Persons subject to this SNUR are notification for import is justified by the 5(a)(2). required to notify EPA at least 90 days reasonable potential for exposure to As discussed in Unit III.A., since the prior to commencing manufacture perfluoroalkyl sulfonate chemicals as manufacture (including import) and (including import) or processing of the part of carpets. Based on these

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considerations, EPA has determined sections 5(h)(1), (h)(2), (h)(3), and (h)(5) Thus, persons who began commercial that: Importing perfluoroalkyl sulfonate apply to SNURs. manufacture or processing of LCPFAC chemicals identified in 40 CFR 721.9582 Once EPA receives a SNUN, EPA and perfluoroalkyl sulfonate chemical as part of carpets, which were not must either determine that the substances after the proposal was ongoing as of January 21, 2015, the date significant new use is not likely to published on January 21, 2015, must on which the proposed rule was present an unreasonable risk of injury or cease such activity before the effective published (Ref. 1), constitutes a take such other regulatory action as is date of this final rule. These persons significant new use and warrants required by TSCA section 5(a)(3) before would have to comply with all making the exemption at 40 CFR the manufacturing (including importing) applicable SNUR notice requirements 721.45(f) inapplicable to importers of or processing for the significant new use and wait to resume the commercial carpets. can commence. If EPA determines that manufacture or processing of the subject the significant new use is not likely to chemical substances until EPA has V. Applicability of the General present an unreasonable risk, EPA is made a determination. Uses arising after Provisions required under TSCA section 5(g) to the publication of the proposed rule are The general provisions for SNURs make public, and submit for publication distinguished from uses that exist at appear under 40 CFR part 721, subpart in the Federal Register, a statement of publication of the proposed rule. The A, and they apply to this rule except as EPA’s finding. former would be new uses, the latter modified by the rule. These provisions Persons who export or intend to would be ongoing uses, except that uses describe persons subject to the rule, export a chemical substance identified that are ongoing as of the publication of recordkeeping requirements, in the proposed or final SNUR are the proposed rule would not be exemptions to reporting requirements, subject to the export notification considered ongoing uses if they have and applicability of the rule to uses provisions of TSCA section 12(b). The ceased by the date of issuance of a final occurring before the effective date of the regulations that interpret TSCA section rule. Public commenters on the final rule. However, EPA is making the 12(b) appear at 40 CFR part 707, subpart proposed rule and the supplement to exemption at 40 CFR 721.45(f) D. In accordance with 40 CFR 707.60(b), the proposal identified ongoing uses, inapplicable to persons who import this final SNUR does not trigger notice which have been captured in the LCPFAC chemicals substances listed in of export for articles. Persons who Response to Comments in Unit XII. (Ref. the list of LCPFAC chemical substances import a chemical substance identified 3) and are not covered by this SNUR. in Unit II. and PFOA or its salts as part in a final SNUR are subject to the TSCA Ongoing uses cannot be subject to a of a surface coating of an article (See section 13 import certification SNUR. Unit I. for examples of PFOA salts). requirements, codified at 19 CFR 12.118 Additionally, EPA is making the through 12.127; see also 19 CFR 127.28. VII. Development and Submission of exemption at 40 CFR 721.45(f) Such persons must certify that the Information inapplicable to persons who import shipment of the chemical substance EPA recognizes that TSCA section 5 perfluoroalkyl sulfonate chemicals complies with all applicable rules and does not usually require developing substances listed in 40 CFR 721.9582 as orders under TSCA, including any new information (e.g., generating test part of carpets. As a result, persons SNUR requirements. The TSCA section data) before submission of a SNUN; subject to the provisions of this final 13 import certification requirement however, there is an exception: rule would not be exempt from applies to articles containing a chemical development of information is required submitting a significant new use notice substance or mixture if so required by where the chemical substance subject to if they import those LCPFAC chemical the Administrator by a specific rule the SNUR is also subject to a rule, order, substances, including PFOA or its salts, under TSCA. At this time, EPA is not or consent agreement under TSCA as part of a surface coating of an article requiring import certification for these section 4 (see TSCA section 5(b)(1)). or if they import perfluoroalkyl chemical substances as part of articles. Also pursuant to TSCA section 4(h), sulfonate chemical substances as part of The EPA policy on import certification which pertains to reduction of testing of carpets. However, EPA is retaining the appears at 40 CFR part 707, subpart B. vertebrate animals, EPA encourages exemption at 40 CFR 721.45(f) for consultation with the Agency on the use VI. Applicability of Rule to Uses persons who process chemical of alternative test methods and Occurring Before Effective Date of the substances as part of an article because strategies (also called New Approach Final Rule existing stocks of articles may still Methodologies or NAMs), if available, to contain LCPFAC or perfluoroalkyl As discussed in the Federal Register generate any recommended test data. sulfonate chemical substances. of April 24, 1990 (55 FR 17376) (FRL– EPA encourages dialogue with Agency Provisions relating to user fees appear at 3658–5) (Ref. 30), EPA has decided that representatives to help determine how 40 CFR part 700. Additionally, TSCA, as the intent of TSCA section 5(a)(1)(B) best the submitter can meet both the amended by the Lautenberg Act, makes best served by designating a use as a data needs and the objective of TSCA the provision at 40 CFR 721.45(h) significant new use as of the date of section 4(h). inapplicable. publication of the proposed rule In the absence of a TSCA section 4 According to 40 CFR 721.1(c), persons (including the posting of a pre- test rule covering the chemical subject to SNURs must comply with the publication copy of the rule) rather than substance, persons are required to same notice requirements and EPA as of the effective date of the final rule. submit only information in their regulatory procedures as described in 40 If uses begun after publication of the possession or control and to describe CFR part 720 for submitters of proposed rule were considered ongoing any other information known to or Premanufacture Notices (PMNs) under rather than new, it would be difficult for reasonably ascertainable by them (15 TSCA section 5(a)(1)(A), at least to the EPA to establish significant new uses, U.S.C. 2604(d); 40 CFR 721.25, and 40 extent there is no conflict with the because a person could defeat the SNUR CFR 720.50). However, as a general provisions at part 721. In addition, the by initiating the proposed significant matter, EPA recommends that SNUN information submission requirements of new use before the rule became final, submitters include information that TSCA sections 5(b) and 5(d)(1) and the and then argue that the use was ongoing would permit a reasoned evaluation of exemptions authorized by TSCA as of the effective date of the final rule. risks posed by the chemical substance

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during its manufacturing (including manufacturers and processors of the information from suppliers along the importing), processing, use, distribution chemical substance included in this supply chain, and/or testing samples of in commerce, or disposal. EPA final rule (Ref. 4). In the event that a the article itself. Costs vary across the encourages persons to consult with the SNUN is submitted, average costs are activities chosen and the extent of Agency before submitting a SNUN. As estimated at approximately $23,000 per familiarity a firm has regarding the part of this optional pre-notice SNUN submission for large business articles it imports. Cost ranges are consultation, EPA would discuss submitters and about $10,000 for small presented in Understanding the Costs specific information it believes may be business submitters. These estimates Associated with Eliminating useful in evaluating a significant new include the cost to prepare and submit Exemptions for Articles in SNURs (Ref. use. the SNUN (averaging about $7,100), and 31). Based on available information, Submitting a SNUN that does not the payment of a user fee. Businesses EPA believes that article importers that itself include information sufficient to that submit a SNUN would be subject to choose to investigate their products will permit a reasoned evaluation may either a $16,000 user fee required by 40 incur costs at the lower end of the increase the likelihood that EPA will CFR 700.45(c)(2)(ii), or, if they are a ranges presented in the Economic either respond with a determination that small business, a reduced user fee of Analysis. For those companies choosing the information available to the Agency $2,800 (40 CFR 700.45(c)(1)(ii)). The to undertake actions to assess the is insufficient to permit a reasoned costs of submission of SNUNs will not composition of the articles they import, evaluation of the health and be incurred by any company unless a EPA expects that importers will take environmental effects of the significant company decides to pursue a significant actions that are commensurate with the new use or, alternatively, that in the new use as defined in this final SNUR. company’s perceived likelihood that a absence of sufficient information, the EPA’s complete economic analysis is chemical substance might be a part of an manufacturing (including importing), available in the public docket for this article for the significant new uses processing, distribution in commerce, rule (Ref. 4). identified in Units II. and III., and the resources it has available. Example use, or disposal of the chemical B. Export Notification substance may present an unreasonable activities and their costs are provided in risk of injury to health or the Under TSCA section 12(b) and the the accompanying Economic Analysis of environment. implementing regulations at 40 CFR part this final rule (Ref. 4). 707, subpart D, exporters must notify SNUN submitters should be aware X. Alternatives that EPA will be better able to evaluate EPA if they export or intend to export SNUNs and define the terms of any a chemical substance or mixture for Before proposing this SNUR, EPA potentially necessary controls if the which, among other things, a rule has considered the following alternative submitter provides detailed information been proposed or promulgated under regulatory action: Promulgate a TSCA on human exposure and environmental TSCA section 5. For persons exporting section 8(a) Reporting Rule. Under a TSCA section 8(a) rule, EPA releases that may result from the a substance that is the subject of a SNUR, a one-time notice to EPA must be could, among other things, generally significant new uses of the chemical provided each calendar year for the first require persons to report information to substance. export or intended export to a particular the Agency when they manufacture VIII. SNUN Submissions country. The total costs of export (including import) or process a chemical EPA recommends that submitters notification will vary by chemical, substance for a specific use or any use. However, for LCPFAC and consult with the Agency prior to depending on the number of required perfluoroalkyl sulfonate chemical submitting a SNUN to discuss what notifications (i.e., the number of substances, the use of TSCA section 8(a) information may be useful in evaluating countries to which the chemical is rather than SNUR authority would have a significant new use. Discussions with exported). several limitations. First, if EPA were to the Agency prior to submission can C. Import of Chemical Substances as require reporting under TSCA section afford ample time to conduct any tests Part of an Article 8(a) instead of TSCA section 5(a), that that might be helpful in evaluating risks In making inapplicable the exemption action would not ensure that EPA posed by the chemical substance. relating to persons who import certain receives timely advance notice of future According to 40 CFR 721.1(c), persons LCPFAC chemical substances as part of manufacturing (including importing) or submitting a SNUN must comply with the surface coating of an article, this processing of LCPFAC chemical the same notice requirements and EPA action may affect firms that plan to substances (including as part of an regulatory procedures as persons import types of articles that may contain article and components thereof) for new submitting a PMN, including the subject chemical substances in a uses that may produce changes in submission of test data on health and surface coating. This is because while human and environmental exposures. environmental effects as described in 40 some firms have an understanding of Nor would action under 8(a) ensure that CFR 720.50. SNUNs must be submitted the contents of the articles they import an appropriate determination (relevant on EPA Form No. 7710–25, generated other firms do not. EPA acknowledges to the risks of such manufacturing using e-PMN software, and submitted to that importers of articles may have (including importing) or processing) has the Agency in accordance with the varying levels of knowledge about the been issued prior to the commencement procedures set forth in 40 CFR 721.25 chemical content of the articles that of such manufacturing (including and 40 CFR 720.40. E–PMN software is they import. These parties may need to importing) or processing. Furthermore, a available electronically at http:// become familiar with the requirements TSCA section 8(a) rule would not www.epa.gov/opptintr/newchems. of the rule. And while not required by ensure that manufacturing (including IX. Economic Analysis the SNUR, these parties may take importing) or processing for the additional steps to determine whether significant new use cannot proceed A. SNUNs the subject chemical substances are part until EPA has taken the required actions EPA has evaluated the potential costs of the articles that they are considering under TSCA sections 5(e) or 5(f) in the of establishing SNUR reporting for import. This determination may event that EPA determines any of the requirements for potential involve activities such as gathering following: (1) That the significant new

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use presents an unreasonable risk under procedures, measures, methods, ’significant new uses’ certain ongoing the conditions of use (without protocols, methodologies or models activities for certain chemicals. consideration of costs or other non-risk used in EPA’s decision have been Exclusions from the definition of factors, and including an unreasonable subject to independent verification or ’significant new uses’ are included with risk to a potentially exposed or peer review, EPA believes that their use the regulation amendment at 40 CFR susceptible subpopulation identified as is appropriate in this rule. EPA 721.10536(b)(5). relevant by EPA); (2) that the recognizes, based on the available While reviewing ongoing use claims, information available to EPA is information, that there is variability and EPA found chemical substances that did insufficient to permit a reasoned uncertainty in whether any particular not fall within the scope of the SNUR. evaluation of the health and significant new use would actually Additionally, during communication environmental effects of the significant present an unreasonable risk. For with commenters that supplied ongoing new use; (3) that in the absence of precisely this reason, EPA is proposing use claims, EPA discovered that in some sufficient information, the manufacture to require notice and review for these instances commenters had ceased the (including import), processing, uses at such time as they are known use of their reported chemical distribution in commerce, use, or more definitively. substance. Accordingly, EPA has not disposal of the substance, or any recognized and excluded from the XII. Response to Public Comment combination of such activities, may definition of ’significant new uses’ present an unreasonable risk (without The Agency reviewed and considered ongoing use claims that fall outside the consideration of costs or other non-risk all comments received related to the scope of the SNUR, have ceased by the factors, and including an unreasonable 2015 proposed rule (Ref. 1) and the 2020 date of issuance of the final rule, or risk to a potentially exposed or supplement to the proposed rule (Ref. were unable to be substantiated. susceptible subpopulation identified as 2). Copies of all comments are available During the comment response relevant by EPA); or (4) that there is in the docket for this action (EPA–HQ– process, EPA reached out to one substantial production and sufficient OPPT–2013–0225). Responses to all commenter who was unable to supply potential for environmental release or comments received are in the document substantiation of their claim, yet stated human exposure (as defined in TSCA titled: ‘‘Response to Comments on the that their ongoing use claim was section 5(a)(3)(B)(ii)(II)). Proposed Long-Chain Perfluoroalkyl captured in communication from the In view of the health concerns about Carboxylate and Perfluoroalkyl supplier directly with EPA. As such, LCPFAC and perfluoroalkyl sulfonate Sulfonate Chemical Substances their ongoing use claim was reviewed chemical substances if used for a Significant New Use Rule (SNUR)’’ (Ref. and has been addressed in the comment significant new use, EPA believes that a 3), which is also available in the docket. submitted by commenter’s supplier. TSCA section 8(a) rule for this Six primary comments, covering the With regards to the use of LCPFAC substance would not meet EPA’s majority of the issues raised by the chemical substances by the regulatory objectives at this time. comments received, are included below. semiconductor industry, it has not been 1. Comment: Several commenters EPA’s practice to identify an industry as XI. Scientific Standards, Evidence, and claimed ongoing uses of LCPFAC, a whole when recognizing ongoing uses. Available Information PFOA, or perfluoroalkyl sulfonate Commenters stated that LCPFAC EPA has used scientific information, chemical substances and requested that chemical substances used in the technical procedures, measures, EPA modify the proposed SNUR to semiconductor industry may be present methods, protocols, methodologies, and specifically recognize and exclude from in surfactants, coatings, seals, gaskets, models consistent with the best the definition of ’significant new uses’ hoses, motors, electrical wiring, tools, available science, as applicable. These certain ongoing activities that do not robots, parts, ancillary equipment, and information sources supply information appear to have been previously other components but were unable to relevant to whether a particular use identified by the Agency to be ongoing. provide specific information such as a would be a significant new use, based Some commenters reiterated ongoing Safety Data Sheet or other on relevant factors including those uses that EPA had already identified as documentation to support their claim. listed under TSCA section 5(a)(2). ongoing. One commenter suggested that EPA was only able to verify ongoing Consistent with EPA’s past practice for EPA should define ongoing uses ‘‘in a uses within the semiconductor industry issuing SNURs under TSCA section manner that is not company specific.’’ in a subset of the claims made, which 5(a)(2), EPA’s decision to promulgate a Several commenters requested that EPA have been recognized in 40 CFR SNUR for a particular chemical use designate ‘‘use in semiconductor 721.10536. need not be based on an extensive processing, manufacturing or During public comment for the evaluation of the hazard, exposure, or semiconductor component assembly’’ as supplemental rule (Ref. 2), EPA received potential risk associated with that use; not a significant new use for LCPFAC two comments stating ongoing uses of as such, the January 2015 proposed rule chemical substances and maintain the LCPFAC chemical substances used in (Ref. 1), the 2020 supplemental proposal exemption under 40 CFR 721.45(f) for medical supplies, medical equipment, (Ref. 2), and this final rule are not based all on-going uses in the semiconductor and for pharmaceutical or on an evaluation of expected risks. industry. Two commenters asked EPA biopharmaceutical research applications The clarity and completeness of the to exempt medical supplies or other that may be important to the COVID–19 data, assumptions, methods, quality equipment that may be used during the pandemic response. EPA agrees that assurance, and analyses employed in COVID–19 public health emergency. See ongoing uses, especially ones critical to EPA’s decision are documented, as the Response to Comment document COVID–19 pandemic response, should applicable and to the extent necessary (Ref. 3) for the specific Docket IDs for not be restricted by this SNUR. TSCA for purposes of the January 2015 these comments. section 3(2)(B) excludes devices proposed rule, the 2020 supplemental Response: EPA reviewed all ongoing regulated under the Federal Food, Drug, proposal, and this final rule, in Unit III. use claims, requested additional and Cosmetic Act from the definition of and in the references cited throughout information from commenters to clarify a chemical substance under TSCA. the three preambles. Considering the the claims, and has recognized and Gloves (21 CFR 880.6250), gowns (21 extent to which the various information, excluded from the definition of CFR 880.6265), and masks are all listed

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separately as devices in FDA’s minerals, particles and inorganic • Use of Poly(oxy-1,2-ethanediyl), regulations and such devices would not surfaces for hydrophobicity; and .alpha.-hydro-.omega.-hydroxy-, ether be covered by this SNUR. However, it is monomer to make specialty resins with .alpha.-fluoro-.omega.-(2- important to note that other face masks, hydrophobic. hydroxyethyl)poly(difluoromethylene) gloves, and personal protective • Use of Octanoic acid, (1:1) (CASRN 65545–80–4) in water- equipment that are marketed to the 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- based inks. general public for general, non-medical pentadecafluoro- (CASRN 335–67–1) as • Use of Poly(difluoromethylene), purposes, would be covered by the a surfactant and coating as part of the .alpha.-[2-[(2-carboxyethyl)thio]ethyl]- SNUR if the use is not ongoing. As with following articles: Stickers, labels, and .omega.-fluoro-, lithium salt (1:1) other verified ongoing uses, EPA has parts to which those stickers and labels (CASRN 65530–69–0) in photo media also exempted the ongoing uses of are attached. coatings. certain LCPFAC chemical substances • Use of 1-Propanesulfonic acid, 2- • Use of Ethanol, 2,2′-iminobis-, used in pharmaceutical and methyl-, 2-[[1-oxo-3-[(.gamma.-.omega.- compd. with .alpha.-fluoro-.omega.-[2- biopharmaceutical research from this perfluoro-C4–16- (phosphonooxy)ethyl] rule. EPA, however, has not broadly alkyl)thio]propyl]amino] derivs., poly(difluoromethylene) (2:1) (CASRN exempted all uses of LCPFAC chemical sodium salts (CASRN 68187–47–3); 65530–63–4); Ethanol, 2,2′-iminobis-, substances used in pharmaceutical and Thiols, C8–20, .gamma.-.omega.- compd. with .alpha.,.alpha.’- biopharmaceutical research because perfluoro, telomers with acrylamide [phosphinicobis(oxy-2,1-ethanediyl)]bis only a select number of applications are (CASRN 70969–47–0);or Perfluorinated [.omega.-fluoropoly(difluoromethylene)] ongoing. polyamine (generic) (ACC274147) as a (1:1) (CASRN 65530–64–5); or Ethanol, When possible, EPA has made component in fire extinguishing agent. 2,2′-iminobis-, compd. with .alpha.- explicit chemical and use specific • Use of Octanoic acid, fluoro-.omega.-[2- exclusions from the definition of 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- (phosphonooxy)ethyl]poly ‘significant new uses’ rather than broad pentadecafluoro- (CASRN 335–67–1); (difluoromethylene) (1:1) (CASRN industry or categorical exclusions. As Octanoic acid, 65530–74–7) in paints and coatings, reflected by the exclusions in the final 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- grouts, and sealers. rule, ongoing activities include pentadecafluoro-, sodium salt (1:1) (CAS • Use of Poly(oxy-1,2-ethanediyl), manufacturing (including import) or No. 335–95–5); or Octanoic acid, .alpha.-hydro-.omega.-hydroxy-, ether processing of these chemical substances. 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- with .alpha.-fluoro-.omega.-(2- EPA will continue to work with pentadecafluoro-, ammonium salt (1:1) hydroxyethyl)poly(difluoromethylene) industry to phase out LCPFAC, PFOA (CASRN 3825–26–1) in automotive (1:1) (CASRN 65545–80–4) in paints, and its salts, and perfluoroalkyl articles, both in factory assembly and coatings, ink jet inks, and ink sulfonate chemical substances and will replacement parts. masterbatch. review the need to promulgate future • Use of Poly(difluoromethylene), • Use of 1-Propanesulfonic acid, 2- rules as necessary. As a result of public .alpha.,.alpha.′-[phosphinicobis(oxy-2,1- methyl-, 2-[[1-oxo-3-[(.gamma.-.omega.- comments received, EPA recognizes ethanediyl)]bis[.omega.-fluoro-, perfluoro-C4–16- manufacture, import, or processing of ammonium salt (1:1) (CASRN 65530– alkyl)thio]propyl]amino] derivs., certain LCPFAC chemical substances for 70–3); Poly(difluoromethylene), .alpha.- sodium salts (CASRN 68187–47–3) in the following uses as ongoing: fluoro-.omega.-[2-(phosphonooxy)ethyl]- adhesives. • Use of LCPFAC chemical , ammonium salt (1:1) (CASRN 65530– 2. Comment: Several commenters substances for use in an antireflective 71–4); or Poly(difluoromethylene), believe that the lack of LCPFAC CAS coating, photoresists, or surfactant for .alpha.-fluoro-.omega.-[2- numbers and the generic identification use in photomicrolithography and other (phosphonooxy)ethyl]-, ammonium salt of PFOA and its salts provide process to produce semiconductors or (1:2) (CAS No. 65530–72–5) in the insufficient information for entities to similar components of electronic or manufacturing of architectural coatings understand what chemicals the rule other miniaturized devices. or wood coatings, at a maximum encompasses. They believe that EPA • Use of 2-Propenoic acid, concentration of 0.1% by weight. must define the universe of covered 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- • Use of Poly(difluoromethylene), chemicals that would be subject to the heptadecafluorodecyl ester (CASRN .alpha.,.alpha.′-[phosphinicobis(oxy-2,1- regulation. See the Response to 27905–45–9) as a coating or component ethanediyl)]bis[.omega.-fluoro-, Comment document (Ref. 3) for the of a hydrophobic and/or oleophobic ammonium salt (1:1) (CASRN 65530– specific Docket IDs for these comments. coating or barrier applied to 70–3); Poly(difluoromethylene), .alpha.- • Response: TSCA section 26(c) manufactured articles or component of fluoro-.omega.-[2-(phosphonooxy)ethyl]- expressly recognizes that an action may articles using an energy source or , ammonium salt (1:1) (CASRN 65530– be taken with respect to a category of plasma deposition methods, which 71–4); or Poly(difluoromethylene), chemical substances or mixtures based include a pulse deposition mode. .alpha.-fluoro-.omega.-[2- on chemical structure, and EPA believes Examples of such articles include: (phosphonooxy)ethyl]-, ammonium salt the most precise way to identify the electronic devices and components (1:2) (CAS No. 65530–72–5) in the chemicals subject to this SNUR is thereof, medical consumables and bio- manufacturing of industrial primer through the chemical structure consumables, filtration devices and coatings for non-spray applications to definition. Downstream customers filtration materials, clothing, footwear metal by coil coating application, at a should have sufficient information from and fabrics. maximum concentration of 0.01% by suppliers (i.e., CAS registry number and • Use of Silane, weight. unique chemical identity) to generate trichloro • Use of Alcohols, C8–14, .gamma.- the specific structure for any potentially (3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- .omega.-perfluoro (CASRN 68391–08–2) reportable substance and compare to the heptadecafluorodecyl)-(CASRN 78560– in the manufacture of coatings and LCPFAC category definition. 44–8) as a surface treatment to make low finishes for a variety of textile, leather, As a convenience to the regulated refractive index resin for optical and hard surface treatments, and in the community, EPA has made available in applications; surface treatment for manufacture of wetting agents. the public docket an illustrative list of

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chemical substances subject to the rule section 5(a)(5), EPA will have to recommended that EPA ‘‘establish a (Ref. 32). As part of that list, EPA has consider whether the ‘‘reasonable rebuttable presumption that a SNUN is provided specific examples of chemicals potential for exposure’’ to the chemical not required for an imported article if that meet the various components of the substance through the article or category the foreign supplier of that article LCPFAC category definition. The list is of articles justifies notification. Since certifies in writing that the article not exhaustive, but rather provides a the use designated as a significant new (including all components of the article) guide to help readers determine whether use does not currently exist, EPA is was not manufactured using any of the this rule applies to them. deferring a detailed consideration of substances identified in the Additionally, Congress added certain potential exposures related to that use Supplemental Proposal.’’ Another active LCPFAC chemical substances to until there is a specific condition of use commenter asked that EPA allow the Toxics Release Inventory (TRI) list. and data to review. If EPA receives a importers to rely on supplier/ These chemicals were added to the TRI SNUN, EPA would evaluate the manufacture certifications for purposes list under section 7321(b)(1) of the potential releases from the article and of compliance. Related to the idea of a National Defense Authorization Act of with information specific to that article. safe harbor provision, several fiscal year 2020. TRI added both TSCA section 5(a)(5) does not commenters emphasized complex LCPFAC and perfluoroalkyl sulfonate establish an explicit threshold that an supply chains that comprise many chemical substances that were exposure must meet in order to be industries and the difficulties this identified as active in commerce on the considered a ‘‘reasonable potential for would pose when determining if an TSCA inventory that was published in exposure’’ or to ‘‘justify notification.’’ article contains a subject chemical February 2019. While this list includes Rather, TSCA section 5(a)(5) states: substance. See the Response to only LCPFAC chemicals on the active ‘‘The Administrator may require Comment document (Ref. 3) for the inventory, it may assist the regulated notification under this section for the specific Docket IDs for these comments. community in determining whether or import or processing of a chemical Response: EPA appreciates the not a given chemical substance is substance as part of an article or comments received. EPA is not subject to this rule. The list can be category of articles under paragraph establishing a safe harbor provision in found on EPA’s website and a citation (1)(A)(ii) if the Administrator makes an this final rule. EPA makes every effort is included in Unit XIII. (Ref. 33). affirmative finding in a rule under to notify manufacturers and processors 3. Comment: Several commenters paragraph (2) that the reasonable of chemical substances that may be provided comment on whether EPA potential for exposure to the chemical could adopt a de minimis threshold for substance through the article or category subject to a given rule, so that they may determining ‘‘reasonable potential for of articles subject to the rule justifies participate in the regulatory process. exposure’’ and if so, how that de notification.’’ If there is evidence that a EPA provided notice to importers in the minimis threshold could be established. chemical substance is or may be 2015 proposed rule and again provided Some comments supported the released from an article such that there notice of the proposed requirements in establishment of a threshold while is a reasonable potential of exposure to the 2020 supplemental proposal. A safe others opposed the idea of a de minimis the chemical substance, EPA thinks the harbor approach undermines the threshold. One commenter Agency can reasonably find the regulatory process for what uses are recommended a standard default de statutory criterion to be met in most or allowed by permitting a manufacturer to minimis threshold of 0.1% for articles all cases. claim a use was ongoing at the time the for all SNURs. One commenter did not For this final rule, EPA believes that SNUR was issued. For this final rule, have an opinion on the establishment of the reasonable potential for exposure EPA does not believe there should be a a threshold or as a de minimis was adequately demonstrated by the safe-harbor provision for uses not exemption but did state that they were studies cited in both the 2015 proposed identified as ongoing uses in the SNUR, ‘‘interested in EPA establishing a rule (Ref. 1) and the 2020 supplement to particularly since notice of the characterization of the ‘reasonable the proposed rule (Ref. 2). The studies requirements of this action were potential for exposure’ what might be cited during the rulemaking process provided five years ago. As part of the ‘reasonably ascertainable’ with specific represent the exposures that could public comment period for the proposed criteria for determining this.’’ See the result from the significant new uses rule and supplemental to the proposed Response to Comment document (Ref. 3) subject to the SNUR. In showing that rule, EPA received comments of ongoing for the specific Docket IDs for these releases have been documented from uses of LCPFAC chemical substances as comments. articles using LCFAC chemical part of a surface coating on articles and Response: EPA appreciates the substances as a surface coating (Refs. 21, has recognized those uses as ongoing comments received. EPA is not 22, 23, 24, and 25), EPA asserts that the because ongoing uses are not subject to establishing a de minimis threshold for statutory standard has been met to show SNURs. Similarly, a general safe-harbor determining ‘‘reasonable potential for that there is reasonable potential for provision may provide incentives for exposure’’ in this final rule. EPA will, exposure from these significant new importers to not submit comments to however, continue to engage with uses. EPA also concludes, on the record EPA during the public comment period interested stakeholders on this issue and before it, that this reasonable potential regarding ongoing uses not recognized continue to consider whether guidance for exposure justifies notification. in a proposed rule, because an importer for applying this standard may be 4. Comment: Several commenters who fails to submit such comments, and appropriate in the future, whether as a provided comment on whether or not thus to acknowledge such uses, would general matter or, for instance, as the Agency should include a safe harbor be more easily able to claim that it did applied to specific categories of provision for importers of articles that not realize the subject chemical substances or potential exposures. can demonstrate their use was ongoing substance was in its product. An As a general proposition, EPA prior to the effective date of this rule. importer could potentially use a safe believes that TSCA section 5(a)(5) Some comments supported the harbor provision to justify a lack of actions should be considered on a case- establishment of a safe harbor provision involvement in a rule making because by-case basis. Each time EPA considers while others opposed the idea of a safe the importer would have the requiring notification under TSCA harbor provision. One commenter opportunity to identify chemicals later.

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The importer could avoid participation learn the identities of the imported 721.45(d). As such, importers are not early on because he could wait to see if substances and their compliance with required to submit a SNUN for or report anyone else submitted comments and TSCA, the smaller his chance of on a substance based simply on that even if there are no comments on his committing a violation by importing a substance’s presence as an impurity chemical use, he has the alternative to noncomplying shipment. If a shipment (i.e., a chemical substance is use the safe harbor to challenge the rule. is ultimately determined to have unintentionally present with another While EPA acknowledges that violated TSCA, the good faith efforts of chemical substance, 40 CFR 720.3(m)). imported articles may have a complex the importer to verify compliance, as Additionally, the impurity exemption at supply chain, the most effective method evidenced by documents contained in 40 CFR 721.45(d) includes domestic to ensure that certain LCPFAC chemical his files, may obviate or mitigate the manufacture and processing. substances in this SNUR are not present assessment of a civil penalty under EPA is aware of the issues related to in the surface coating of imported section 16 of TSCA.’’ perfluorinated chemical impurities and articles is to encourage importers to EPA recognizes the complexities of polymer degradation. Given that the know with specificity the contents of imports. EPA will take into Agency did not propose to require a what they are importing and to work consideration compliance certification certification procedure, it does not agree with their foreign manufacturers to and other documents demonstrating that that a certification procedure should be ensure that an article does not contain the importer relied on the supplier. EPA specified and incorporated into the final certain LCPFAC chemical substances in will also continue to engage with rule. However, the Agency continues to surface coatings. interested stakeholders on how to study this issue and has not ruled out Even though 19 CFR 12.119 allows ensure compliance with this and future a later proposal to require import EPA to establish TSCA section 13 rules. Additionally, EPA maintains the certification for these chemical import certification requirements for TSCA Hotline and responds to substances as part of articles. chemicals in articles, EPA did not questions from industry. responds to With or without an import propose to require TSCA section 13 industry questions. certification requirement, it is the import certification for the subject 5. Comment: Several commenters importer that is ‘‘responsible for chemical substances when part of raised concern over the issue of [e]nsuring that chemical importation articles. Considering the use of these impurities, stating that the impurity complies with TSCA just as domestic chemicals in articles covered by this levels of PFOA and its salts cannot be manufacturers are responsible for SNUR are no longer ongoing, requiring completely eliminated. Additionally, [e]nsuring that chemical manufacture TSCA section 13 import certification commenters reported that fluorinated complies with TSCA.’’ 40 CFR seems an unnecessary requirement to substances that do not fall into the 707.20(b)(1). include in the SNUR. This is consistent scope of the SNUR may degrade into in- With regards to providing an with EPA’s past practice of making the scope LCPFAC substances. One additional exemption to importers on exemption at 40 CFR 721.45(f) commenter stated that their imported the basis of being unable to determine inapplicable without also requiring article contained residual LCPFAC from the presence of a given chemical import certification or export the use of polytetrafluoroethylene substance, or an inability to determine notification for these chemical (PTFE) production, outside the US; the whether a use is ‘‘intended ’’ vs. an substances as part of articles (40 CFR commenter further indicated that their ‘‘impurity’’, any exemption would 721.2800; 40 CFR 721.10068). With or PTFE supplier is currently working to create a safe-harbor for importers based without an import certification develop an LCPFAC-free product, but at on lack of knowledge, thus creating requirement, it is the importer that is this time the use is ongoing. Also, a incentives for foreign suppliers to ‘‘responsible for [e]nsuring that comment stated that it is not possible deliberately withhold information from chemical importation complies with for end users to determine the presence importers. This could greatly reduce the TSCA just as domestic manufacturers of a given chemical substance, making efficacy of this SNUR. are responsible for [e]nsuring that it difficult for determining ‘‘intended 6. Comment: Several commenters chemical manufacture complies with use’’ vs. ‘‘impurity’’. requested that EPA consider TSCA.’’ 40 CFR 707.20(b)(1). As a result of the impurity concerns, promulgating TSCA section 6(a) rules to EPA is not establishing a rebuttable multiple commenters requested that directly restrict perfluoroalkyl and presumption for this rule as one EPA require suppliers to provide polyfluoroalkyl substances (PFAS) and commenter suggested. EPA, however, Certificate of Compliance to importers. complete planned development of a may consider the factors discussed in One comment suggested that the SNUR detailed assessment to determine if EPA’s import policy that may obviate or include all fluoropolymer resins ‘‘made PFAS chemical substances presents an mitigate penalties for violations with the with’’ LCPFACs and exempt such unreasonable risk. See the Response to import of articles, as described at 40 products ‘‘made without’’ LCPFACs, Comment document (Ref. 3) for the CFR 707.20(c)(1)(iii). The language at 40 even if such products may nevertheless specific Docket IDs for these comments. CR 707.20(c)(1)(iii) states that ‘‘[ . . . ] bear trace amounts of LCPFACs due to Response: TSCA section 6(a) states EPA realizes that sometimes importers cross-contamination, to encourage that ‘‘[i]f the Administrator determines may not have actual knowledge of the importers to demonstrate compliance by in accordance with subsection (b)(4)(A) chemical composition of imported obtaining Certificates of Compliance that the manufacture, processing, mixtures. In these cases, the importer from their overseas suppliers. See the distribution in commerce, use, or should attempt to discover the chemical Response to Comment document (Ref. 3) disposal of a chemical or mixture, or constituents of the shipment by for the specific Docket IDs for these that any combination of such activities, contacting another party to the comments. presents an unreasonable risk of injury transaction (e.g., his principal or the Response: To the extent the chemical to health or the environment’’ the foreign manufacturer). This person may substance subject to the SNUR is only Administrator shall take action under be able to identify the components of ‘‘unintentionally present’’ at the point of TSCA section 6(a). While EPA the mixture, or at least state that the foreign manufacture, it is already appreciates the commenters request to substances comply with TSCA. The exempt from reporting by the importer promulgate a rule in accordance with greater the effort an importer makes to as an imported impurity. See 40 CFR this provision, EPA is not doing so at

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this time. Rather, at this time EPA 3. EPA. Response to Comments on the 19. EPA. Perfluoroalkyl Sulfonates; Proposed believes that a rule under TSCA section Proposed Long-Chain Perfluoroalkyl Significant New Use Rule; Proposed 5(a)(2), in conjunction with the 2010/ Carboxylate and Perfluoroalkyl Sulfonate Rule. Federal Register. 67 FR 11014, 2015 PFOA Stewardship Program, is an Chemical Substances Significant New March 11, 2002 (FRL–6823–7). Use Rule (SNUR). June 19, 2020. 20. Kato, K. et al. Trends in Exposure to effective method to protect human 4. EPA. Economic Analysis of the Final Polyfluoroalkyl Chemicals in the U.S. health and the environment from any Significant New Use Rule for Population: 1999–2008. Environmental risks posed by LCPFAC and Perfluoroalkyl Sulfonates and Long- Science and Technology. 45: 8037–8045. perfluoroalkyl sulfonate chemical Chain Perfluoroalkyl Carboxylate 2011. substances. Chemical Substances. June 19, 2020. 21. Gremmel, Christoph, et al. ‘‘Systematic Through the 2010/2015 PFOA 5. EPA. Long-Chain Perfluorinated Chemicals determination of perfluoroalkyl and Stewardship Program, a voluntary risk Action Plan. December 30, 2009. polyfluoroalkyl substances (PFASs) in Accessed at: https://www.epa.gov/sites/ outdoor jackets.’’ Chemosphere 160 reduction program, eight major production/files/2016-01/documents/ (2016): 173–180. fluoropolymer and telomer pfcs_action_plan1230_09.pdf. 22. Liu, Xiaoyu, et al. ‘‘Determination of manufacturers and processors 6. EPA. Perfluoroalkyl Sulfonates; Significant fluorotelomer alcohols in selected committed to voluntarily work toward a New Use Rule; Final Rule. Federal consumer products and preliminary phase-out of LCPFAC chemical Register. 67 FR 72854, December 9, 2002 investigation of their fate in the indoor substances (Ref. 34). As such, the (FRL–6823–6). environment.’’ Chemosphere 129 (2015): reduced supply of long-chain 7. 3M Company. The Science of Organic 81–86. Fluorochemistry. St. Paul, Minnesota, 23. Washington, J.W., T.M. Jenkins. 2015. perfluorinated chemicals has led February 5, 1999. industries to more quickly transition to Abiotic hydrolysis of fluorotelomer 8. Butt, Craig M., et al. ‘‘Levels and trends of polymers as a source of alternative chemical substances, as poly-and perfluorinated compounds in perfluorocarboxylates at the global scale. noted in both public comments and the arctic environment.’’ Science of the Environmental Science & Technology. industry communication. For persons Total Environment 408.15 (2010): 2936– 49. 14129–14135. subject to this SNUR, they are required 2965. 24. Guo, Zhishi, et al. ‘‘Perfluorocarboxylic to notify EPA at least 90 days prior to 9. Houde, Magali, et al. ‘‘Biological acid content in 116 articles of monitoring of polyfluoroalkyl commencing manufacture or processing commerce.’’ Research Triangle Park, NC: substances: a review.’’ Environmental US Environmental Protection Agency of these chemical substances. This Science & Technology 40.11 (2006): required notification provides EPA with (2009). 3463–3473. 25. Washington, J.W., T.M. Jenkins, K. the opportunity to evaluate any 10. Calafat, Antonia M., et al. Rankin, J.E. Naile. 2015. Decades-Scale ‘‘Polyfluoroalkyl chemicals in the US significant new use of the regulated Degradation of Commercial, Side-Chain, population: data from the National perfluorinated chemical substances and, Fluorotelomer-based Polymers in Soils & Health and Nutrition Examination if necessary, protect against potential Water. Environmental Science & Survey (NHANES) 2003–2004 and unreasonable risks. EPA continues to Technology. 49. 915–923. comparisons with NHANES 1999–2000.’’ 26. Plastics Industry Association. Guide to review the manufacturing, import, and Environmental Health Perspectives processing of the ongoing uses of these 115.11 (2007): 1596. the Safe Handling of Fluoropolymer substances of concern. If EPA has reason 11. Lau, Christopher, et al. ‘‘Perfluoroalkyl Resins. Fifth Addition. 2018. to believe that either a use of these acids: a review of monitoring and 27. Washington, J.W., J.J. Ellington, T.M. chemical substances is no longer toxicological findings.’’ Toxicological Jenkins, J.J Evans, H. Yoo, S.C. Hafner. 2009. Degradability of an Acrylate- ongoing or that a TSCA section 6(a) rule Sciences 99.2 (2007): 366–394. 12. EPA. Health Effects Support Document Linked Fluorotelomer Polymer in Soil. would better regulate LCPFAC and Environmental Science & Technology. perfluoroalkyl sulfonate chemical for Perfluorooctanoic Acid (PFOA). EPA 822–R–16–003. May 2016. 43. 6617–6623. substances, EPA will consider taking 13. Ahrens L., et al. Polyfluoroalkyl 28. Washington, J.W., K. Rankin, K., E.L. further regulatory action. Compounds in the Aquatic Environment: Libelo, D.G. Lynch, M. Cyterski. 2019. Determining global background soil XIII. References A Review of Their Occurrence and Fate. Journal of Environmental Monitoring. 13: PFAS loads and the fluorotelomer-based The following is a list of the 20–31. 2011. polymer degradation rates that can documents that are specifically 14. Sturm R., et al. Trends of Polyfluoroalkyl account for these loads. Science of the Compounds in Marine Biota and in Total Environment. 651. 2444–2449. referenced in this document. The docket 29. EPA. Draft Scope of the Risk Evaluation includes these documents, as well as Humans. Environmental Chemistry. 7: 457–484. 2010. for 1,2-Dichloroethane. April 2020. other information considered by EPA 15. Lau, C. Perfluorinated Compounds. Accessed at: https://www.epa.gov/sites/ that are not listed below, including Molecular, Clinical and Environmental production/files/2020-04/documents/ documents that are referenced within Toxicology Experientia Supplementum. casrn-107-06-2_12-dichloroethane_draft_ the documents that are included in the Volume 101, pp. 47–86. 2012. scope.pdf. docket. For assistance in locating docket 16. Yoo, H., et al. Concentrations, 30. EPA. Significant New Uses of Certain items, please consult the technical Distribution and Persistence of Chemical Substances; Final Rule. Federal Register. 55 FR 17376, April 24, person listed under FOR FURTHER Fluorotelomer Alcohols in Sludge- 1990 (FRL–3658–5). INFORMATION CONTACT. applied Soils Near Decatur, Alabama, USA. Environmental Science & 31. EPA. Understanding the Costs Associated 1. EPA. Long-Chain Perfluoroalkyl Technology. 44: 8397–8402. 2010. with Eliminating Exemptions for Articles Carboxylate and Perfluoroalkyl Sulfonate 17. Washington, J.W., et al. Concentrations, in SNURs. November 12, 2014. Chemical Substances; Significant New Distribution and Persistence of 32. EPA. Illustrative List of LCPFACs Update Use Rule. Proposed Rule. Federal Perfluoroalkylates in Sludge-applied September 17, 2014. Register. 80 FR 2885, January 21, 2015 Soils Near Decatur, Alabama, USA. 33. EPA. Chemicals Added to the Toxics (FRL–9915–63). Environmental Science and Technology. Release Inventory Pursuant to Section 2. EPA. Long-Chain Perfluoroalkyl 44: 8390–8396. 2010. 7321 of the National Defense Carboxylate and Perfluoroalkyl Sulfonate 18. Strynar, Mark J., and Andrew B. Authorization Act. April 1, 2020. Chemical Substances; Significant New Lindstrom. ‘‘Perfluorinated compounds Accessed at: https://www.epa.gov/sites/ Use Rule. Supplemental Proposal. in house dust from Ohio and North production/files/2020-04/documents/tri_ Federal Register. 85 FR 12479, March 3, Carolina, USA.’’ Environmental Science non-cbi_pfas_list_2_19_2020_final_ 2020 (FRL–10003–21). & Technology 42.10 (2008): 3751–3756. clean.pdf.

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34. EPA. 2010/2015 PFOA Stewardship notification. In both cases, burden is While EPA does not have estimates on Program Final Report. Accessed at: estimated to be lower for submitters the cost of developing and marketing a https://www.epa.gov/sites/production/ _ _ who have already registered to use the new chemical, it has identified a mean files/2017-02/documents/2016 pfoa electronic submission system. reformulation cost of $31,700 and a stewardship_summary_table_0.pdf. An agency may not conduct or maximum of $114,000, which is well XIV. Statutory and Executive Order sponsor, and a person is not required to above the $10,000 SNUN costs. Reviews respond to a collection of information Therefore, EPA believes that the Additional information about these that requires OMB approval under the potential economic impact of complying statutes and Executive Orders can be PRA, unless it has been approved by with this final SNUR is not expected to found at http://www2.epa.gov/laws- OMB and displays a currently valid be significant or adversely impact a regulations/laws-and-executive-orders. OMB control number. The OMB control substantial number of small entities. numbers for EPA’s regulations in Title A. Executive Order 12866: Regulatory 40 of the CFR, after appearing in the E. Unfunded Mandates Reform Act Planning and Review and Executive Federal Register, are listed in 40 CFR, (UMRA) Order 13563: Improving Regulation and part 9, and included on the related Based on EPA’s experience with Regulatory Review collection instrument, or form, as proposing and finalizing SNURs, State, This action is a significant regulatory applicable. local, and Tribal governments have not action that was submitted to the Office D. Regulatory Flexibility Act (RFA) been impacted by these rulemakings, of Management and Budget (OMB) for and EPA does not have any reason to review under Executive Orders 12866 Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., I certify that believe that any State, local, or Tribal (58 FR 51735, October 4, 1993) and government would be impacted by this 13563 (76 FR 3821, January 21, 2011). promulgation of this SNUR would not have a significant economic impact on rulemaking. As such, the requirements Any changes made in response to OMB of sections 202, 203, 204, or 205 of recommendations have been a substantial number of small entities. The rationale supporting this UMRA, 2 U.S.C. 1531–1538, do not documented in the docket for this action apply to this action. as required by section 6(a)(3)(E) of conclusion is as follows. Executive Order 12866. A SNUR applies to any person F. Executive Order 13132: Federalism (including small or large entities) who EPA prepared an economic analysis of This action will not have federalism the potential costs and benefits intends to engage in any activity described in the rule as a ‘‘significant implications as specified in Executive associated with this action. A copy of Order 13132 (64 FR 43255, August 10, the economic analysis, entitled new use.’’ By definition of the word ‘‘new’’ and based on all information 1999), because it will not have ‘‘Economic Analysis of the Significant substantial direct effect on States, on the New Use Rule for Perfluoroalkyl currently available to EPA, it appears that no small or large entities presently relationship between the national Sulfonates and Long-Chain government and the States, or on the Perfluoroalkyl Carboxylate Chemical engage in such activities. Since this distribution of power and Substances’’ (Ref. 4), is available in the SNUR will require a person who intends responsibilities among the various docket and is briefly summarized in to engage in such activity in the future levels of government. Unit XI. to first notify EPA by submitting a SNUN, no economic impact will occur G. Executive Order 13175: Consultation B. Executive Order 13771: Reducing unless someone files a SNUN to pursue and Coordination With Indian Tribal Regulations and Controlling Regulatory a significant new use in the future or Governments Costs forgoes profits by avoiding or delaying This is a regulatory action subject to the significant new use. Although some This action does not have tribal Executive Order 13771 (82 FR 9339, small entities may decide to conduct implications as specified in Executive February 3, 2017). Details on the such activities in the future, EPA cannot Order 13175 (65 FR 67249, November 9, estimated costs and benefits of this final presently determine how many, if any, 2000), because it will not have any rule can be found in EPA’s analysis (Ref. there may be. However, EPA’s effect on tribal governments, on the 4), which is available in the docket and experience to date is that, in response to relationship between the Federal is summarized in Unit I.E. the promulgation of SNURs covering Government and the Indian tribes, or on over 1,000 chemical substances, the the distribution of power and C. Paperwork Reduction Act (PRA) Agency receives only a handful of responsibilities between the Federal This action does not impose any new notices per year. During the six-year Government and Indian tribes. information collection burden under the period from 2005–2010, only three H. Executive Order 13045: Protection of PRA, 44 U.S.C. 3501 et seq. Burden is submitters self-identified as small in Children From Environmental Health defined in 5 CFR 1320.3(b). The their SNUN submission (Ref. 4). Based Risks and Safety Risks information collection activities on this, EPA believes that few SNUN associated with existing chemical submissions will occur as a result of the This action is not subject to Executive SNURs are already approved under rule. EPA believes the total cost of Order 13045 (62 FR 19885, April 23, OMB control number 2070–0038 (EPA submitting a SNUN, $10,000 for small 1997), because this action does not ICR No. 1188); and the information business submitters, is relatively small address environmental health or safety collection activities associated with compared to annual revenues of the risks, and EPA interprets Executive export notifications are already companies and does not have a Order 13045 as applying only to those approved under OMB control number significant economic impact as regulatory actions that concern 2070–0030 (EPA ICR No. 0795). If an compared to the cost of developing and environmental health or safety risks that entity were to submit a SNUN to the marketing a chemical new to a firm or EPA has reason to believe may Agency, the annual burden is estimated marketing a new use of the chemical. disproportionately affect children, per to be less than 100 hours per response, This estimate does not include any costs the definition of ‘‘covered regulatory and the estimated burden for export associated with importer’s identification action’’ in section 2–202 of the notifications is less than 1.5 hours per of chemicals associated with the SNUR. Executive Order.

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I. Executive Order 13211: Actions Dated: June 22, 2020. exempt from submitting a significant Concerning Regulations That Andrew Wheeler, new use notice. The other provision of Significantly Affect Energy Supply, Administrator. § 721.45(f), respecting processing a Distribution, or Use Therefore, for the reasons stated in the chemical substance as part of an article, remains applicable. This final rule is not subject to preamble, EPA amends 40 CFR chapter (2) The provision at § 721.45(h) does Executive Order 13211 (66 FR 28355, I as follows: not apply to this section. May 22, 2001), because this action is not expected to affect energy supply, PART 721—SIGNIFICANT NEW USES ■ 3. Revise § 721.10536 to read as distribution, or use. OF CHEMICAL SUBSTANCES follows: J. National Technology Transfer and ■ 1. The authority citation for part 721 § 721.10536 Long-chain perfluoroalkyl Advancement Act (NTTAA) continues to read as follows: carboxylate chemical substances. Since this action does not involve any Authority: 15 U.S.C. 2604, 2607, and (a) Definitions. The definitions in technical standards, section 12(d) of 2625(c). § 721.3 apply to this section. In NTTAA, 15 U.S.C. 272 note, does not ■ 2. Amend § 721.9582 by: addition, the following definition apply to this action. ■ a. Redesignating paragraph (a) as (b). applies: ■ b. Adding new paragraph (a). Carpet means a finished fabric or K. Executive Order 12898: Federal ■ c. Adding paragraph (b)(2)(v). similar product intended to be used as Actions To Address Environmental ■ d. Adding paragraph (c). a floor covering. This definition Justice in Minority Populations and The additions read as follows: excludes resilient floor coverings such Low-Income Populations as linoleum and vinyl tile. § 721.9582 Certain perfluoroalkyl This final rule does not invoke special sulfonates. (b) Chemical substances and significant new uses subject to reporting. consideration of environmental justice (a) Definitions. The definitions in (1) The chemical substances identified related issues as delineated by § 721.3 apply to this section. In in this paragraph, where 5 < n < 21 or Executive Order 12898 (59 FR 7629, addition, the following definition 6 < m < 21, are subject to reporting February 16, 1994), because EPA has applies: under this section for the significant determined that this action will not Carpet means a finished fabric or new uses described in paragraph have disproportionately high and similar product intended to be used as adverse human health or environmental (b)(4)(i) and (b)(4)(iv) of this section. a floor covering. This definition + effects on minority or low-income excludes resilient floor coverings such (i) CF3(CF2)n-COO M where M = H or populations. as linoleum and vinyl tile. any other group where a formal dissociation can be made; L. Congressional Review Act (CRA) (b) * * * (2) * * * (ii) CF3(CF2)n-CH=CH2; This action is subject to the CRA, 5 (v) Import as part of carpets. (iii) CF3(CF2)n-C(=O)-X, where X is U.S.C. 801–808, and EPA will submit a * * * * * any chemical moiety; rule report to each House of the (c) Specific requirements. The (iv) CF3(CF2)m-CH2-X, where X is any Congress and to the Comptroller General provisions of subpart A of this part chemical moiety; and of the United States. This action is not apply to this section except as modified (v) CF3(CF2)m-Y–X, where Y = non-S, a ‘‘major rule’’ as defined by 5 U.S.C. by this paragraph (c). non-N heteroatom and where X is any 804(2). (1) Revocation of certain notification chemical moiety. exemptions. With respect to imports of (2) The chemical substances listed in List of Subjects in 40 CFR Part 721 carpets, the provisions of § 721.45(f) do Table 1 of this paragraph are subject to Environmental protection, Chemicals, not apply to this section. A person who reporting under this section for the Hazardous substances, Reporting and imports a chemical substance identified significant new uses described in recordkeeping requirements. in this section as part of a carpet is not paragraph (b)(4)(ii) of this section.

TABLE 1 TO PARAGRAPH (b)(2)—LCPFAC CHEMICAL SUBSTANCES SUBJECT TO REPORTING AFTER DECEMBER 31, 2015

CAS registry No. EPA Chemical name (CASRN) accession No. TSCA chemical inventory name

Perfluorooctyl iodide ...... 507–63–1 ...... N/A Octane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro-8-iodo-. Tetrahydroperfluoro-1-decanol ...... 678–39–7 ...... N/A 1-Decanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluoro-. Perfluoro-1-dodecanol ...... 865–86–1 ...... N/A 1-Dodecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-.henei cosafluoro- Perfluorodecyl iodide ...... 2043–53–0 ...... N/A Decane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-heptadecafluoro-10-iodo-. 1,1,2,2-Tetrahydroperfluorododecyl 2043–54–1 ...... N/A Dodecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10-heneicosafluoro- iodide. 12-iodo-. Perfluorodecylethyl acrylate...... 17741–60–5 ..... N/A 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12- heneicosafluorododecyl ester. 1,1,2,2-Tetrahydroperfluorodecyl ac- 27905–45–9 ..... N/A 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluoro rylate. decyl ester 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9, 30046–31–2 ..... N/A Tetradecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12- 9,10,10,11,11,12,12- pentacosafluoro-14-iodo-. Pentacosafluoro-14- iodotetradecane. 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11, 39239–77–5 ..... N/A 1-Tetradecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13, 11,12,12,13,13,14,14,14- 14,14,14-pentacosafluoro-. Pentacosafluorotetradecan-1-ol.

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TABLE 1 TO PARAGRAPH (b)(2)—LCPFAC CHEMICAL SUBSTANCES SUBJECT TO REPORTING AFTER DECEMBER 31, 2015—Continued

CAS registry No. EPA Chemical name (CASRN) accession No. TSCA chemical inventory name

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11, 60699–51–6 ..... N/A 1-Hexadecanol, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14, 11,12,12,13,13,14,14,15,15,16, 14,15,15,16,16,16-nonacosafluoro-. 16,16-Nonacosafluorohexadecan- 1-ol. 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9, 65510–55–6 ..... N/A Hexadecane, 1,1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12, 10,10,11,11,12,12,13,13,14,14- 13,13,14,14-nonacosafluoro-16-iodo-. Nonacosafluoro-16- iodohexadecane. Sodium;2-methylpropane-1- 68187–47–3 ..... N/A 1-Propanesulfonic acid, 2-methyl-, 2-[[1-oxo-3-[(.gamma.-.omega.- sulfonate. perfluoro- C4-16-alkyl)thio]propyl]amino] derivs., sodium salts 1,1,2,2-Tetrahydroperfluoroalkyl 68391–08–2 ..... N/A Alcohols, C8-14, .gamma.-.omega.-perfluoro. (C8-C14) alcohol. Thiols, C8-20, gamma-omega- 70969–47–0 ..... N/A Thiols, C8-20, .gamma.-.omega.-perfluoro, telomers with acrylamide. perfluoro, telomers with acryl- amide. Silicic acid (H4SiO4), sodium salt 125476–71–3 ... N/A Silicic acid (H4SiO4), sodium salt (1:2), reaction products with (1:2), reaction products with chlorotrimethylsilane and 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- chlorotrimethylsilane and 3,3,4,4, heptadecafluoro-1-decanol. 5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluoro-1-decanol. Thiols, C4-20, gamma-omega- 1078712–88–5 N/A Thiols, C4-20, .gamma.-.omega.-perfluoro, telomers with acrylamide perfluoro, telomers with acryl- and acrylic acid, sodium salts. amide and acrylic acid, sodium salts). 1-Propanaminium, 3-amino-N- 1078715–61–3 N/A 1-Propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-[2- (carboxymethyl)-N,N-dimethyl-, N- [(.gamma.-.omega.-perfluoro-C4-20-a lkyl)thio]acetyl] derivs., inner (2-((gamma-omega-perfluoro-C4– salts. 20-alkyl)thio)acetyl) derivs., inner salts. Polyfluoroalkyl betaine (generic) ..... CBI ...... 71217 Polyfluoroalkyl betaine (PROVISIONAL). Modified fluoroalkyl urethane (ge- CBI ...... 89419 Modified fluoroalkyl urethane (PROVISIONAL). neric). Perfluorinated polyamine (generic) CBI ...... 274147 Perfluorinated polyamine (PROVISIONAL).

(3) The chemical substances listed in Table 2 of this paragraph, are for the significant new uses described in identified as perfluorooctanoic acid subject to reporting under this section paragraph (b)(4)(iii) of this section. (PFOA) and its salts, including those

TABLE 2 TO PARAGRAPH (b)(3)—PFOA AND EXAMPLES OF ITS SALTS

CAS registry Chemical name No. TSCA chemical inventory name (CASRN)

Pentadecafluorooctanoyl fluoride ...... 335–66–0 Octanoyl fluoride, 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-pentadecafluoro-. Perfluorooctanoic acid ...... 335–67–1 Octanoic acid, 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-pentadecafluoro- (PFOA). Silver perfluorooctanoate ...... 335–93–3 Octanoic acid, 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-pentadecafluoro-, silver (+) salt (1:1). Sodium perfluorooctanoate ...... 335–95–5 Octanoic acid, 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-pentadecafluoro-, sodium salt (1:1). Potassium perfluorooctanoate ...... 2395–00–8 Octanoic acid, 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-pentadecafluoro-, potassium salt (1:1). Ammonium perfluorooctanoate ...... 3825–26–1 Octanoic acid, 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-pentadecafluoro-, ammonium salt (1:1) (APFO).

(4) Significant new uses: processing for any use after December as a significant new use subject to (i) The significant new use for 31, 2015. reporting. chemical substances identified in (iii) The significant new use for (iv) The significant new use for chemical substances identified in paragraph (b)(1) of this section is: chemical substances identified in paragraph (b)(1) of this section, except Manufacture (including import) or paragraph (b)(3) of this section is: for those chemicals identified in Table processing for use as part of carpets or Manufacture (including import) or 1 of paragraph (b)(2) of this section is: to treat carpets (e.g., for use in the carpet processing for any use. Import or Manufacture (including import) or aftercare market). processing of fluoropolymer dispersions processing for any use other than the (ii) The significant new use for and emulsions, and fluoropolymers as use already covered by paragraph chemical substances identified in part of articles, containing chemical (b)(4)(i) of this section. paragraph (b)(2) of this section is: substances identified in paragraph (b)(3) (5) Manufacturing (including Manufacture (including import) or of this section shall not be considered importing) or processing of certain

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chemical substances identified in (vii) Use of Poly(difluoromethylene), (1) Revocation of certain notification paragraph (b)(1), paragraph (b)(2), and .alpha.,.alpha.’-[phosphinicobis(oxy-2,1- exemptions. With respect to imports of paragraph (b)(3) of this section for the ethanediyl)]bis[.omega.-fluoro-, carpets, the provisions of § 721.45(f) do following specific uses shall not be ammonium salt (1:1) (CAS No. 65530– not apply to this section. With respect considered as a significant new use 70–3); Poly(difluoromethylene), .alpha.- to imports of articles, the provisions of subject to reporting under this section: fluoro-.omega.-[2-(phosphonooxy)ethyl]- § 721.45(f) also do not apply to a (i) Use in an antireflective coating, , ammonium salt (1:1) (CAS No. 65530– chemical substance identified in photoresists, or surfactant for use in 71–4); or Poly(difluoromethylene), paragraphs (b)(2) or (b)(3) of this section photomicrolithography and other .alpha.-fluoro-.omega.-[2- when they are part of a surface coating processes to produce semiconductors or (phosphonooxy)ethyl]-, ammonium salt of an article. A person who imports a similar components of electronic or (1:2) (CAS No. 65530–72–5) for use in chemical substance identified in other miniaturized devices. the manufacturing or processing of: paragraph (b)(1) of this section as part (ii) Use of 2-Propenoic acid, (A) Architectural coatings or wood of a carpet or who imports a chemical 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- coatings, at a maximum concentration of substance identified in paragraphs (b)(2) heptadecafluorodecyl ester (CAS No. 0.1% by weight. or (b)(3) of this section as part of a 27905–45–9) as a coating or component (B) Industrial primer coatings for non- surface coating on an article is not of a hydrophobic and/or oleophobic spray applications to metal by coil exempt from submitting a significant coating or barrier applied to coating application, at a maximum new use notice. The other provision of manufactured articles or components of concentration of 0.01% by weight. § 721.45(f), respecting processing a articles using an energy source or (viii) Use of Alcohols, C8-14, chemical substance as part of an article, plasma deposition methods, which .gamma.-.omega.-perfluoro (CAS No. remains applicable. include a pulse deposition mode. 68391–08–2) in the manufacture or (2) The provision at § 721.45(h) does Examples of such articles include: processing of coatings and finishes for a not apply to this section. Electronic devices and components variety of textile, leather, and hard thereof, medical consumables and bio- surface treatments, and in the [FR Doc. 2020–13738 Filed 7–24–20; 8:45 am] consumables, filtration devices and manufacture of wetting agents. BILLING CODE 6560–50–P filtration materials, clothing, footwear (ix) Use of Poly(oxy-1,2-ethanediyl), and fabrics. .alpha.-hydro-.omega.-hydroxy-, ether (iii) Use of Silane, with .alpha.-fluoro-.omega.-(2- FEDERAL COMMUNICATIONS trichloro hydroxyethyl)poly(difluoromethylene) COMMISSION (3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- (1:1) (CAS No. 65545–80–4) in water- heptadecafluorodecyl)-(CAS No. 78560– based inks. 47 CFR Part 1 44–8) as a surface treatment to make low (x) Use of Poly(difluoromethylene), [WT Docket No. 19–250 and RM–11849; FCC refractive index resin for optical .alpha.-[2-[(2-carboxyethyl)thio]ethyl]- 20–75: FRS 16876] applications; surface treatment for .omega.-fluoro-, lithium salt (1:1) (CAS minerals, particles and inorganic No. 65530–69–0) in photo media Accelerating Wireless and Wireline surfaces for hydrophobicity; and coatings. Broadband Deployment by Removing monomer to make specialty resins (xi) Use of Ethanol, 2,2’-iminobis-, Barriers to Infrastructure Investment hydrophobic. compd. with .alpha.-fluoro-.omega.-[2- (iv) Use of Octanoic acid, (phosphonooxy) AGENCY: Federal Communications 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- ethyl]poly(difluoromethylene) (2:1) Commission. pentadecafluoro- (CAS No. 335–67–1) as (CAS No. 65530–63–4); Ethanol, 2,2’- ACTION: Declaratory ruling. a surfactant and coating, as part of iminobis-, compd. with .alpha.,.alpha.’- SUMMARY: articles: Stickers, labels, and parts to [phosphinicobis(oxy-2,1- In this document, the Federal which those stickers and labels are ethanediyl)]bis[.omega.- Communications Commission attached. fluoropoly(difluoromethylene)] (1:1) (‘‘Commission’’ or ‘‘FCC’’) clarifies its (v) Use of 1-Propanesulfonic acid, 2- (CAS No. 65530–64–5); or Ethanol, 2,2’- rules implementing portions of the methyl-, 2-[[1-oxo-3-[(.gamma.-.omega.- iminobis-, compd. with .alpha.-fluoro- Spectrum Act of 2012 that streamline perfluoro-C4-16- .omega.-[2-(phosphonooxy)ethyl] State and local review of applications to alkyl)thio]propyl]amino] derivs., poly(difluoromethylene) (1:1) (CAS No. modify existing wireless infrastructure. sodium salts (CAS No. 68187–47–3); 65530–74–7) in paints and coatings, The Declaratory Ruling clarifies the Thiols, C8-20, .gamma.-.omega.- grouts, and sealers. following: When the 60-day shot clock perfluoro, telomers with acrylamide (xii) Use of Poly(oxy-1,2-ethanediyl), starts for local governments to review (CAS No. 70969–47–0); or .alpha.-hydro-.omega.-hydroxy-, ether and approve an eligible modification; Perfluorinated polyamine (generic) with .alpha.-fluoro-.omega.-(2- what constitutes a ‘‘substantial change’’ (ACC274147) as a component in fire hydroxyethyl)poly(difluoromethylene) when a modification would increase the extinguishing agent. (1:1) (CAS No. 65545–80–4) in paints, height of an existing structure, would (vi) Use of Octanoic acid, coatings, ink jet inks, and ink require the addition of equipment 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- masterbatch. cabinets, or would change the visual pentadecafluoro- (CAS No. 335–67–1); (xiii) Use of 1-Propanesulfonic acid, profile of a structure; and whether, Octanoic acid, 2-methyl-, 2-[[1-oxo-3-[(.gamma.- within the context of the Commission’s 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- .omega.-perfluoro-C4-16- environmental review rules, an pentadecafluoro-, sodium salt (1:1) (CAS alkyl)thio]propyl]amino] derivs., environmental assessment is required No. 335–95–5); or Octanoic acid, sodium salts (CAS No. 68187–47–3) in when an impact to historic properties 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- adhesives. has already been mitigated in the pentadecafluoro-, ammonium salt (1:1) (c) Specific requirements. The Commission’s historic preservation (CAS No. 3825–26–1) for use in provisions of subpart A of this part review process. automotive articles, both in factory apply to this section except as modified DATES: This Declaratory Ruling was assembly and replacement parts. by this paragraph (c). effective June 10, 2020.

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