[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Proposed Rules]
[Pages 11014-11030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5747]



  Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / 
Proposed Rules  

[[Page 11014]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50639C; FRL-6823-7]
RIN 2070-AD43


Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing a supplemental significant new use rule 
(SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) 
for the following 75 substances: Perfluorooctanesulfonic acid (PFOSH) 
and certain of its salts (PFOSS), perfluorooctanesulfonyl fluoride 
(POSF), certain higher and lower homologues of PFOSH and POSF, and 
certain other chemical substances, including polymers, that are derived 
from PFOSH and its homologues. These chemicals are collectively 
referred to as perfluoroalkyl sulfonates, or PFAS. This proposed rule 
would require manufacturers and importers to notify EPA at least 90 
days before commencing the manufacture or import of these chemical 
substances for the significant new uses described in this document. 
This supplemental action takes into account comments received on an 
earlier proposed SNUR published in the Federal Register of October 18, 
2000, amends the description and the list of chemicals to which this 
proposed SNUR would apply, and clarifies the definitions of significant 
new uses. EPA believes that this action is necessary because the PFAS 
component of these chemical substances may be hazardous to human health 
and the environment. The required notice will provide EPA with the 
opportunity to evaluate an intended new use and associated activities 
and, if necessary, to prohibit or limit that activity before it occurs. 
Published elsewhere in today's issue of the Federal Register is a final 
rule which addresses the remainder of the chemicals listed in the 
original proposed SNUR.

DATES: Comments, identified by docket control number OPPTS-50639C, must 
be received on or before April 10, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPPTS-50639C in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Acting Director, Environmental Assistance Division 
(74080), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Mary F. Dominiak, Chemical 
Control Division (7405M), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-8104; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture 
(defined by statute to include import) any of the chemical substances 
that are listed in Table 2 of this unit. Persons who intend to import 
any chemical substance governed by a final SNUR are subject to the TSCA 
section 13 (15 U.S.C. 2612) import certification requirements, and to 
the regulations codified at 19 CFR 12.118 through 12.127 and 12.728. 
Those persons must certify that they are in compliance with the SNUR 
requirements. The EPA policy in support of import certification appears 
at 40 CFR part 707, subpart B. In addition, any persons who export or 
intend to export any of the chemical substances listed in Table 2 of 
this unit are subject to the export notification provisions of TSCA 
section 12(b) (15 U.S.C. 2611(b)), and must comply with the export 
notification requirements in 40 CFR 721.20 and 40 CFR part 707, subpart 
D. Potentially affected categories and entities may include, but are 
not limited to:


                 Table 1.--Potentially Affected Entities
------------------------------------------------------------------------
                                                        Examples of
          Categories               NAICS codes      potentially affected
                                                          entities
------------------------------------------------------------------------
Chemical Manufacturers or       325                Persons who
 Importers                                          manufacture (defined
                                                    by statute to
                                                    include import) one
                                                    or more of the
                                                    subject chemical
                                                    substances
------------------------------------------------------------------------
Chemical Exporters              325                Persons who export,
                                                    or intend to export,
                                                    one or more of the
                                                    subject chemical
                                                    substances
------------------------------------------------------------------------


    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in Table 1 of this unit 
could also be affected. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. To 
determine whether you or your business is affected by this action, you 
should carefully examine the applicability provisions in 40 CFR 721.5 
for SNUR-related obligations. Also, consult Unit III. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.
    Some chemicals in Table 2 of this unit are identified by both 
premanufacture notice (PMN) and Chemical Abstract Service numbers (CAS 
No.). In the original proposed SNUR, only the PMN appeared with those 
chemicals.


       Table 2.--Chemical Substances Covered by this Proposed Rule
------------------------------------------------------------------------
            CAS No./PMN                CAS Ninth Collective Index Name
------------------------------------------------------------------------
307-35-7                            1-Octanesulfonyl fluoride,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------

[[Page 11015]]

 
307-51-7                            1-Decanesulfonyl fluoride,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9
                                     ,10,10,10-heneicosafluoro-
------------------------------------------------------------------------
376-14-7                            2-Propenoic acid, 2-methyl-, 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester
------------------------------------------------------------------------
383-07-3                            2-Propenoic acid, 2-
                                     [butyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester
------------------------------------------------------------------------
423-50-7                            1-Hexanesulfonyl fluoride,
                                     1,1,2,2,3,3,4,4,5,5,6,6,6-
                                     tridecafluoro-
------------------------------------------------------------------------
423-82-5                            2-Propenoic acid, 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester
------------------------------------------------------------------------
754-91-6                            1-Octanesulfonamide,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------
1652-63-7                           1-Propanaminium, 3-
                                     [[(heptadecafluorooctyl)sulfonyl]am
                                     ino]-N,N,N-trimethyl-, iodide
------------------------------------------------------------------------
1691-99-2                           1-Octanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
------------------------------------------------------------------------
1763-23-1                           1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------
2795-39-3                           1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, potassium salt
------------------------------------------------------------------------
2991-51-7                           Glycine, N-ethyl-N-
                                     [(heptadecafluorooctyl)sulfonyl]-,
                                     potassium salt
------------------------------------------------------------------------
4151-50-2                           1-Octanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------
14650-24-9                          2-Propenoic acid, 2-methyl-, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester
------------------------------------------------------------------------
17202-41-4                          1-Nonanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9
                                     ,9-nonadecafluoro-, ammonium salt
------------------------------------------------------------------------
24448-09-7                          1-Octanesulfonamide,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
                                     N-methyl-
------------------------------------------------------------------------
25268-77-3                          2-Propenoic acid, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester
------------------------------------------------------------------------
29081-56-9                          1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, ammonium salt
------------------------------------------------------------------------
29117-08-6                          Poly(oxy-1,2-ethanediyl), .alpha.-[2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl]-.omega.-hydroxy-
------------------------------------------------------------------------
29457-72-5                          1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, lithium salt
------------------------------------------------------------------------
31506-32-8                          1-Octanesulfonamide,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-methyl-
------------------------------------------------------------------------
38006-74-5                          1-Propanaminium, 3-
                                     [[(heptadecafluorooctyl)sulfonyl]am
                                     ino]-N,N,N-trimethyl-, chloride
------------------------------------------------------------------------
38850-58-7                          1-Propanaminium, N-(2-hydroxyethyl)-
                                     N,N-dimethyl-3-[(3-
                                     sulfopropyl)[(tridecafluorohexyl)su
                                     lfonyl]amino]-, inner salt
------------------------------------------------------------------------
55120-77-9                          1-Hexanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,6-
                                     tridecafluoro-, lithium salt
------------------------------------------------------------------------
67584-42-3                          Cyclohexanesulfonic acid,
                                     decafluoro(pentafluoroethyl)-,
                                     potassium salt
------------------------------------------------------------------------
67906-42-7                          1-Decanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9
                                     ,10,10,10-heneicosafluoro-,
                                     ammonium salt
------------------------------------------------------------------------
68156-01-4                          Cyclohexanesulfonic acid,
                                     nonafluorobis(trifluoromethyl)-,
                                     potassium salt
------------------------------------------------------------------------
68298-62-4                          2-Propenoic acid, 2-
                                     [butyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester, telomer with
                                     2-
                                     [butyl[(pentadecafluoroheptyl)sulfo
                                     nyl]amino]ethyl 2-propenoate,
                                     methyloxirane polymer with oxirane
                                     di-2-propenoate, methyloxirane
                                     polymer with oxirane mono-2-
                                     propenoate and 1-octanethiol
------------------------------------------------------------------------
68329-56-6                          2-Propenoic acid, eicosyl ester,
                                     polymer with 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl 2-propenoate,
                                     hexadecyl 2-propenoate, 2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate and
                                     octadecyl 2-propenoate
------------------------------------------------------------------------
68541-80-0                          2-Propenoic acid, polymer with 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl 2-methyl-2-
                                     propenoate and octadecyl 2-
                                     propenoate
------------------------------------------------------------------------
68555-90-8                          2-Propenoic acid, butyl ester,
                                     polymer with 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl 2-propenoate, 2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate and 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate
------------------------------------------------------------------------

[[Page 11016]]

 
68555-91-9                          2-Propenoic acid, 2-methyl-, 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester, polymer with
                                     2-
                                     [ethyl[(nonafluorobutyl)sulfonyl]am
                                     ino] ethyl 2-methyl-2-propenoate, 2-
                                     [ethyl[(pentadecafluoroheptyl)sulfo
                                     nyl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [ethyl[(tridecafluorohexyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate,
                                     2-
                                     [ethyl[(undecafluoropentyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate
                                     and octadecyl 2-methyl-2-propenoate
------------------------------------------------------------------------
68555-92-0                          2-Propenoic acid, 2-methyl-, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester, polymer with
                                     2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-methyl-2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-methyl-2-propenoate
                                     and octadecyl 2-methyl-2-propenoate
------------------------------------------------------------------------
68586-14-1                          2-Propenoic acid, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester, telomer with
                                     2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, .alpha.-(2-
                                     methyl-1-oxo-2-propenyl)-.omega.-
                                     hydroxypoly(oxy-1,2-ethanediyl),
                                     .alpha.-(2-methyl-1-oxo-2-propenyl)-
                                     .omega.-[(2-methyl-1-oxo-2-
                                     propenyl)oxy]poly(oxy-1,2-
                                     ethanediyl), 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[
                                     (tridecafluorohexyl)sulfonyl]amino]
                                     ethyl 2-propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate and 1-
                                     octanethiol
------------------------------------------------------------------------
68649-26-3                          1-Octanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
                                     , reaction products with N-ethyl-
                                     1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-
                                     hydroxyethyl)-1-butanesulfonamide,
                                     N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                     pentadecafluoro-N-(2-hydroxyethyl)-
                                     1-heptanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,6-
                                     tridecafluoro-N-(2-hydroxyethyl)-1-
                                     hexanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
                                     N-(2-hydroxyethyl)-1-
                                     pentanesulfonamide,
                                     polymethylenepolyphenylene
                                     isocyanate and stearyl alc.
------------------------------------------------------------------------
68891-96-3                          Chromium, diaquatetrachloro[.mu.-[N-
                                     ethyl-N-
                                     [(heptadecafluorooctyl)sulfonyl]gly
                                     cinato-.kappa.O:.kappa.O']]-.mu.-
                                     hydroxybis(2-methyl-1-propanol)di-
------------------------------------------------------------------------
68867-60-7                          2-Propenoic acid, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester, polymer with
                                     2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate and
                                     .alpha.-(1-oxo-2-propenyl)-.omega.-
                                     methoxypoly (oxy-1,2-ethanediyl)
------------------------------------------------------------------------
68867-62-9                          2-Propenoic acid, 2-methyl-, 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester, telomer with
                                     2-
                                     [ethyl[(nonafluorobutyl)sulfonyl]am
                                     ino]ethyl 2-methyl-2-propenoate, 2-
                                     [ethyl[(pentadecafluoroheptyl)sulfo
                                     nyl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [ethyl[(tridecafluorohexyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate,
                                     2-
                                     [ethyl[(undecafluoropentyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate,
                                     1-octanethiol and .alpha.-(1-oxo-2-
                                     propenyl)-.omega.-methoxypoly(oxy-
                                     1,2-ethanediyl)
------------------------------------------------------------------------
68909-15-9                          2-Propenoic acid, eicosyl ester,
                                     polymers with branched octyl
                                     acrylate, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl acrylate, 2-[methyl
                                     [(nonafluorobutyl)sulfonyl]amino]et
                                     hyl acrylate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl acrylate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl acrylate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl acrylate,
                                     polyethylene glycol acrylate Me
                                     ether and stearyl acrylate
------------------------------------------------------------------------
68958-61-2                          Poly(oxy-1,2-ethanediyl), .alpha.-[2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl]-.omega.-methoxy-
------------------------------------------------------------------------
70225-14-8                          1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, compd. with 2,2'-
                                     iminobis[ethanol] (1:1)
------------------------------------------------------------------------
71487-20-2                          2-Propenoic acid, 2-methyl-, methyl
                                     ester, polymer with ethenylbenzene,
                                     2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl 2-propenoate, 2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate and 2-
                                     propenoic acid
------------------------------------------------------------------------
73772-32-4                          1-Propanesulfonic acid, 3-[[3-
                                     (dimethylamino)propyl][(tridecafluo
                                     rohexyl)sulfonyl]amino]-2-hydroxy-,
                                     monosodium salt
------------------------------------------------------------------------
81190-38-7                          1-Propanaminium, N-(2-hydroxyethyl)-
                                     3-[(2-hydroxy-3-
                                     sulfopropyl)[(tridecafluorohexyl)su
                                     lfonyl]amino]-N,N-dimethyl-,
                                     hydroxide, monosodium salt
------------------------------------------------------------------------

[[Page 11017]]

 
91081-99-1                          Sulfonamides, C4-8-alkane,
                                     perfluoro, N-(hydroxyethyl)-N-
                                     methyl, reaction products with
                                     epichlorohydrin, adipates (esters)
------------------------------------------------------------------------
94133-90-1                          1-Propanesulfonic acid, 3-[[3-
                                     (dimethylamino)propyl][(heptadecafl
                                     uorooctyl)sulfonyl]amino]-2-hydroxy-
                                     , monosodium salt
------------------------------------------------------------------------
98999-57-6                          Sulfonamides, C7-8-alkane,
                                     perfluoro, N-methyl-N-[2-[(1-oxo-2-
                                     propenyl)oxy]ethyl], polymers with
                                     2-ethoxyethyl acrylate, glycidyl
                                     methacrylate and N,N,N-trimethyl-2-
                                     [(2-methyl-1-oxo-2-
                                     propenyl)oxy]ethanaminium chloride
------------------------------------------------------------------------
117806-54-9                         1-Heptanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                     pentadecafluoro-, lithium salt
------------------------------------------------------------------------
129813-71-4                         Sulfonamides, C4-8-alkane,
                                     perfluoro, N-methyl-N-
                                     (oxiranylmethyl)
------------------------------------------------------------------------
148240-80-6                         Fatty acids, C18-unsatd., trimers, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl esters
------------------------------------------------------------------------
148240-82-8                         Fatty acids, C18-unsatd., trimers, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl esters
------------------------------------------------------------------------
182700-90-9                         1-Octanesulfonamide,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-methyl-, reaction
                                     products with benzene-chlorine-
                                     sulfur chloride (S2Cl2) reaction
                                     products chlorides
------------------------------------------------------------------------
L-92-0151                           2-Propenoic acid, 2-methyl-, butyl
                                     ester, polymer with 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [ethyl[(nonafluorobutyl)sulfonyl]am
                                     ino]ethyl 2-methyl-2-propenoate, 2-
                                     [ethyl[(pentadecafluoroheptyl)sulfo
                                     nyl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [ethyl[(tridecafluorohexyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate
                                     and 2-propenoic acid
------------------------------------------------------------------------
P-80-0183                           Sulfonamides, C4-8-alkane,
192662-29-6.......................   perfluoro, N-[3-
                                     (dimethylamino)propyl], reaction
                                     products with acrylic acid
------------------------------------------------------------------------
P-83-1102                           Fatty acids, linseed-oil, dimers, 2-
306973-46-6.......................   [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl esters
------------------------------------------------------------------------
P-84-1163                           Propanoic acid, 3-hydroxy-2-
306975-56-4.......................   (hydroxymethyl)-2-methyl-, polymer
                                     with 2-ethyl-2-(hydroxymethyl)-1,3-
                                     propanediol and N,N',2-tris(6-
                                     isocyanatohexyl)imidodicarbonic
                                     diamide, reaction products with N-
                                     ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
                                     1-octanesulfonamide and N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                     pentadecafluoro-N-(2-hydroxyethyl)-
                                     1-heptanesulfonamide, compds. with
                                     triethylamine
------------------------------------------------------------------------
P-84-1171                           Propanoic acid, 3-hydroxy-2-
306975-57-5.......................   (hydroxymethyl)-2-methyl-, polymer
                                     with 1,1'-methylenebis[4-
                                     isocyanatobenzene] and 1,2,3-
                                     propanetriol, reaction products
                                     with N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
                                     1-octanesulfonamide and N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                     pentadecafluoro-N-(2-hydroxyethyl)-
                                     1-heptanesulfonamide, compds. with
                                     morpholine
------------------------------------------------------------------------
P-86-0301                           Sulfonamides, C4-8-alkane,
306973-47-7.......................   perfluoro, N-(hydroxyethyl)-N-
                                     methyl, reaction products with 12-
                                     hydroxystearic acid and 2,4-TDI,
                                     ammonium salts
------------------------------------------------------------------------
P-86-0958                           2-Propenoic acid, 2-methyl-, dodecyl
306975-62-2.......................   ester, polymers with 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
                                     and vinylidene chloride
------------------------------------------------------------------------
P-89-0799                           Sulfonamides, C4-8-alkane,
160901-25-7.......................   perfluoro, N-ethyl-N-
                                     (hydroxyethyl), reaction products
                                     with 2-ethyl-1-hexanol and
                                     polymethylenepolyphenylene
                                     isocyanate
------------------------------------------------------------------------
P-90-0111                           Sulfonamides, C4-8-alkane,
306974-19-6.......................   perfluoro, N-methyl-N-[(3-octadecyl-
                                     2-oxo-5-oxazolidinyl)methyl]
------------------------------------------------------------------------
P-91-1419                           Poly(oxy-1,2-ethanediyl), .alpha.-
306975-84-8.......................   hydro-.omega.-hydroxy-, polymer
                                     with 1,6-diisocyanatohexane, N-(2-
                                     hydroxyethyl)-N-methyl perfluoro C4-
                                     8-alkane sulfonamides-blocked
------------------------------------------------------------------------
P-93-1444                           2-Propenoic acid, 2-methyl-, dodecyl
306975-85-9.......................   ester, polymers with N-
                                     (hydroxymethyl)-2-propenamide, 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl
                                     methacrylate, stearyl methacrylate
                                     and vinylidene chloride
------------------------------------------------------------------------
P-94-0545                           1-Hexadecanaminium, N,N-dimethyl-N-
306976-25-0.......................   [2-[(2-methyl-1-oxo-2-
                                     propenyl)oxy]ethyl]-, bromide,
                                     polymers with Bu acrylate, Bu
                                     methacrylate and 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
------------------------------------------------------------------------
P-94-0927                           2-Propenoic acid, 2-methyl-, 2-
306976-55-6.......................   methylpropyl ester, polymer with
                                     2,4-diisocyanato-1-methylbenzene, 2-
                                     ethyl-2-(hydroxymethyl)-1,3-
                                     propanediol and 2-propenoic acid, N-
                                     ethyl-N-(hydroxyethyl)perfluoro-C4-
                                     8-alkanesulfonamides-blocked
------------------------------------------------------------------------
P-94-2206                           Siloxanes and Silicones, di-Me,
306974-28-7.......................   mono[3-[(2-methyl-1-oxo-2-
                                     propenyl)oxy]propylgroup]-
                                     terminated, polymers with 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
                                     and stearyl methacrylate
------------------------------------------------------------------------

[[Page 11018]]

 
P-95-0120                           Sulfonamides, C4-8-alkane,
306980-27-8.......................   perfluoro, N,N'-[1,6-
                                     hexanediylbis[(2-oxo-3,5-
                                     oxazolidinediyl)methylene]]bis[N-
                                     methyl-
------------------------------------------------------------------------
P-96-1262                           Sulfonic acids, C6-8-alkane,
306974-45-8.......................   perfluoro, compds. with
                                     polyethylene-polypropylene glycol
                                     bis(2-aminopropyl) ether
------------------------------------------------------------------------
P-96-1424                           2-Propenoic acid, 2-methyl-, 2-
306977-10-6.......................   (dimethylamino)ethyl ester, telomer
                                     with 2-[ethyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl
                                     methacrylate and 1-octanethiol, N-
                                     oxides
------------------------------------------------------------------------
P-96-1433                           Sulfonamides, C4-8-alkane,
179005-06-2.......................   perfluoro, N-[3-
                                     (dimethyloxidoamino)propyl],
                                     potassium salts
------------------------------------------------------------------------
P-97-0790                           1-Decanaminium, N-decyl-N,N-dimethyl-
251099-16-8.......................   , salt with
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-1-octanesulfonic
                                     acid (1:1)
------------------------------------------------------------------------
P-98-0251                           2-Propenoic acid, butyl ester,
306978-04-1.......................   polymers with acrylamide, 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
                                     and vinylidene chloride
------------------------------------------------------------------------
P-98-1272                           2-Propenoic acid, 2-methyl-, 3-
306977-58-2.......................   (trimethoxysilyl)propyl ester,
                                     polymers with acrylic acid, 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
                                     and propylene glycol monoacrylate,
                                     hydrolyzed, compds. with 2,2'-
                                     (methylimino)bis[ethanol]
------------------------------------------------------------------------
P-99-0188                           Hexane, 1,6-diisocyanato-,
306978-65-4.......................   homopolymer, N-(hydroxyethyl)-N-
                                     methyl perfluoro-C4-8-alkane
                                     sulfonamides- and stearyl alc.-
                                     blocked
------------------------------------------------------------------------
P-99-0319                           Poly(oxy-1,2-ethanediyl), .alpha.-[2-
306979-40-8.......................   (methylamino)ethyl]-.omega.-
                                     [(1,1,3,3-tetramethylbutyl)phenoxy]-
                                     , N-[(perfluoro-C4-8-
                                     alkyl)sulfonyl] derivs.
------------------------------------------------------------------------


B. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPPTS-50639C. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the TSCA Nonconfidential Information Center, North 
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC. 
The Center is open from noon to 4 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Center is (202) 
260-7099.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPPTS-50639C in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Document Control Office 
(7407M), Office of Pollution Prevention and Toxics (OPPT), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in Rm. 6428, EPA East, 1201 Constitution Ave., 
NW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is (202) 564-8930.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or mail your computer disk to the address 
identified above. Do not submit any information electronically that you 
consider to be CBI. Electronic comments must be submitted as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Comments and data will also be accepted on standard disks in 
WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPPTS-50639C. 
Electronic comments may also be filed online at many Federal Depository 
Libraries.

D. How Should I Handle CBI Information That I Want to Submit to the 
Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the technical person

[[Page 11019]]

listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    We invite you to provide your views on the various options we 
propose, new approaches we have not considered, the potential impacts 
of the various options (including possible unintended consequences), 
and any data or information that you would like the Agency to consider 
during the development of the final action. You may find the following 
suggestions helpful for preparing your comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    The Agency is supplementing the proposed SNUR published in the 
Federal Register of October 18, 2000 (65 FR 62319) (FRL-6745-5), to 
take into account comments submitted on that proposed rule, to amend 
the list of chemical substances to which the proposed SNUR would apply, 
and to more clearly define significant new uses of these chemical 
substances. This supplemental proposed rule would require persons to 
notify EPA at least 90 days before commencing the manufacture or import 
of the chemical substances identified in Table 2, Unit I.A., for the 
significant new uses described in this document. The chemical 
substances identified in Table 2, Unit I.A., are 75 chemical 
substances, including PFOSH, PFOSS, POSF, certain higher and lower 
homologues of PFOSH and POSF, and certain other chemical substances, 
including polymers, that are derived from PFOSH and its homologues. 
These chemicals are collectively referred to throughout this proposed 
rule as PFAS. In the original proposed SNUR, these chemicals were 
referred to collectively as perfluorooctylsulfonates, or PFOS, but 
commenters noted that this generic usage of the term PFOS was 
inconsistent with the use by the manufacturer, the Minnesota Mining and 
Manufacturing Company (3M), of PFOS to refer only to chemicals with an 
eight-carbon, or C8, chain length. Many of the chemicals in the 
proposed SNUR include a range of carbon chain lengths, although they 
all include C8 within the range. Accordingly, EPA will use the generic 
term PFAS to refer to any carbon chain length, including higher and 
lower homologues as well as C8, and the term PFOS to represent only 
those chemical substances which are predominantly C8.
    The significant new uses described by this document are:
    1. Any manufacture or import for any use of any chemical listed in 
Table 2, Unit I.A., on or after January 1, 2003, except as noted in 
Unit II.A.2.
    2. Manufacture or import of any chemical listed in Table 2, Unit 
I.A., solely for one or more of the following specific uses shall not 
be considered as a significant new use subject to reporting under this 
section:
    i. Use as an anti-erosion additive in fire-resistant phosphate 
ester aviation hydraulic fluids.
    ii. Use as a component of a photoresist substance, including a 
photo acid generator or surfactant, or as a component of an anti-
reflective coating, used in a photomicrolithography process to produce 
semiconductors or similar components of electronic or other 
miniaturized devices.
    iii. Use as an intermediate only to produce other chemical 
substances to be used solely for the uses listed in Unit II.A.2.i. or 
ii.
    iv. Use in a surface tension and static discharge control coating 
on films, papers, and printing plates, or as a surfactant or defoamer 
in solutions used to process films and papers, in traditional and laser 
medical imaging and in industrial and consumer film products.

B. What is the Agency's Authority for Taking this Action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' The Agency makes this determination by rule after considering 
all relevant factors, including those listed in TSCA section 5(a)(2). 
These factors include the volume of a chemical substance's production; 
the extent to which a use changes the type, form, magnitude, or 
duration of exposure to the substance; and the reasonably anticipated 
manner of producing or otherwise managing the substance. Once EPA makes 
this determination and promulgates a SNUR, TSCA section 5(a)(1)(B) 
requires persons to submit a significant new use notice (SNUN) to EPA 
at least 90 days before they manufacture, import, or process the 
chemical substance for that significant new use (15 U.S.C. 2604 
(a)(1)(B)).

C. Which General Provisions Apply?

    General provisions for SNURs are published under 40 CFR part 721, 
subpart A. These provisions describe persons subject to the rule, 
recordkeeping requirements, exemptions to reporting requirements, and 
applicability of the rule to uses occurring before the effective date 
of the final rule. Note that because this proposed rule would designate 
certain manufacturing and importing activities as significant new uses, 
persons that solely process or use the chemical substances that would 
be covered by this action would not be subject to the rule. Provisions 
relating to user fees appear at 40 CFR part 700. Persons subject to 
this proposed SNUR would be required to comply with the same notice 
requirements and EPA regulatory procedures as submitters of PMNs under 
TSCA section 5(a)(1)(A). In particular, these requirements include: The 
information submission requirements of TSCA section 5(b) and 5(d)(1); 
the exemptions authorized by TSCA section 5 (h)(1), (2), (3), and (5); 
the export notification provisions of TSCA section 12(b); and the 
export notification requirements in 40 CFR part 707, subpart D. Once 
EPA receives a SNUN, EPA may take regulatory action under TSCA sections 
5(e), 5(f), 6, or 7, if appropriate, to control the activities on which 
it has received the SNUN. If EPA does not take action, EPA is required 
under TSCA section 5(g) to explain in the Federal Register its reasons 
for not taking action.

III. Summary of this Supplemental Proposed Rule

    The chemical substances subject to this supplemental proposed SNUR 
are listed in Table 2, Unit I.A. These chemical substances include 
PFOSH, PFOSS, POSF, certain higher and lower homologues of PFOSH and 
POSF, and certain other chemical substances, including polymers, that 
are derived from PFOSH and its homologues. All of these chemical 
substances are referred to collectively in this proposed rule as 
perfluoroalkyl sulfonates, or PFAS. In the original proposed SNUR (65 
FR

[[Page 11020]]

62319, October 18, 2000), these chemicals had been referred to 
collectively as perfluorooctylsulfonates, or PFOS, but commenters noted 
that this generic usage of PFOS was inconsistent with 3M's use of PFOS 
to refer only to chemicals with an eight-carbon, or C8, chain length. 
Many of the chemicals in the proposed SNUR included a range of carbon 
chain lengths, although they all did include C8 within the range. 
Accordingly, EPA will use the generic term PFAS to refer to any chain 
length, including higher and lower homologues as well as C8, and the 
term PFOS to represent only those chemicals which are predominantly C8.
    All of the chemical substances listed in this supplemental proposed 
SNUR have the potential to degrade to PFOSH in the environment. 
Information also suggests that these chemical substances may be 
converted to PFOSH via incomplete oxidation during the incineration of 
PFAS-containing materials. Once PFOSH has been released to the 
environment, it does not undergo further chemical (hydrolysis), 
microbial, or photolytic degradation. PFOSH is highly persistent in the 
environment and has a strong tendency to bioaccumulate. Studies have 
found PFOS chemicals in very small quantities in the blood of the 
general human population as well as in wildlife, indicating that 
exposure to the chemicals is widespread, and recent tests have raised 
concerns about their potential developmental, reproductive, and 
systemic toxicity (Refs. 1, 2, and 3). These facts, taken together, 
raise concerns for long term potential adverse effects in people and 
wildlife over time if PFOS should continue to be produced, released, 
and built up in the environment. A detailed discussion of these 
concerns appeared in the original proposed SNUR (65 FR 62319, October 
18, 2000) and in the EPA Hazard Assessment document in the docket for 
the proposed SNUR (Ref. 4). In its comments on the proposed SNUR, 3M 
emphasized that no data indicated that adverse effects were currently 
being observed in humans and wildlife. 3M also noted that additional 
data under development might change some of the EPA's preliminary 
conclusions. 3M challenged the simplification in the preamble of EPA's 
characterization of certain of the hazard studies analyzed in the EPA 
Hazard Assessment, which 3M felt overstated some of the EPA's hazard 
conclusions. None of the other comments submitted on the proposal 
addressed the hazards, environmental fate, or exposures associated with 
these chemicals as described in the original proposed SNUR.
    The original proposed SNUR included these and 15 other chemicals, 
and would have identified as a significant new use: Any manufacture or 
import of any of these chemicals for any use on or after January 1, 
2003; and any manufacture or import in excess of specified volume 
limits between January 1, 2001, and December 31, 2002.
    At the request of prospective commenters, EPA extended the date for 
submitting comments from November 17, 2000, to January 1, 2001 (65 FR 
69889, November 21, 2000) (FRL-6756-9). Twenty-six timely comments were 
submitted on the proposed SNUR. Because of the complexity of the issues 
and the interest expressed by the commenters, EPA announced a public 
meeting on the proposed SNUR (66 FR 11243, February 23, 2001) (FRL-
6771-4), which was conducted on March 27, 2001, to provide commenters 
with the opportunity to expand upon their comments, offer 
clarifications, and further explain their issues and concerns. At that 
meeting, several participants expressed a willingness to gather and 
submit additional information concerning their need for and specific 
use of certain of these chemicals, and EPA indicated that it would 
consider those post-meeting submissions as a formal part of the 
rulemaking record. EPA requested that these submissions include 
specific information on PFAS exposures and releases associated with 
various uses, as well as documentation about the extent to which PFAS 
chemical substances on the proposed SNUR lists were being obtained for 
specific uses from sources other than 3M, and thus would not be 
affected by 3M's unilateral decision to discontinue production. (Ref. 
5) The final such submission was received by the EPA on October 3, 
2001. All of these submissions are in the docket for this proceeding.
    Following review and consideration of all the comments, 
correspondence, and additional submissions, EPA determined that the 
proposed SNUR should be promulgated as final for the 13 chemicals, 
employed principally in coatings for textiles, carpet, apparel, 
leather, and paper, on which no comments were received and which 3M, 
the sole manufacturer, confirmed were discontinued from manufacture 
before December 31, 2000. EPA also removed from the rule two chemicals 
that had appeared by error in the original proposed SNUR. That final 
rule is published elsewhere in today's issue of the Federal Register.
    EPA determined that the remaining 75 chemicals, which appear in 
Table 2, Unit I.A., presented issues that warranted the proposal of 
this supplemental SNUR. Commenters provided information confirming 
that, contrary to the information available to the EPA when the 
original proposed SNUR was published, 3M was not the sole manufacturer 
of certain of the chemical substances on Table 2, Unit I.A., which 
commenters were importing in small quantities below mandatory reporting 
thresholds for their specific uses from non-3M sources outside the 
United States prior to the publication of the proposed SNUR. The 
identities, amounts, and suppliers of those specific chemicals were 
claimed as confidential business information (CBI), and thus cannot be 
specifically identified in this proposed rule.
    To the extent that specific PFAS chemical substances on the 
proposed SNUR lists were being obtained from sources other than 3M for 
specific uses prior to the publication of the proposed SNUR, and thus 
would not be affected by 3M's unilateral decision to discontinue 
production, those particular uses of those specific chemicals would be 
considered ongoing and would not be subject to a significant new use 
determination. These specific uses are: As a component of a photoresist 
substance, including a photo acid generator or surfactant, or as a 
component of an anti-reflective coating, used in a 
photomicrolithography process to produce semiconductors or similar 
components of electronic or other miniaturized devices.
    Accordingly, this supplemental proposed SNUR identifies these 
specific uses of those particular chemicals as not being significant 
new uses of the chemicals listed in Table 2, Unit I.A., and thus as not 
being subject to this proposed SNUR.
    Some commenters in this industry who were not importing from non-3M 
sources indicated that they were using certain chemicals listed in the 
proposed SNUR, as well as other PFAS chemicals that were not included 
in the proposed SNUR. Both individually and through an industry-wide 
submission of mass balance data tracking the use and final disposition 
of these PFAS chemicals, all commenters in this industry indicated that 
these chemicals were used in very small quantities under 2,000 
kilograms (kg) (4,400 lbs) per year total in the United States, under 
controlled conditions that virtually eliminated occupational exposures 
to the chemicals and presented very low releases to the environment. 
They also presented information on the lack of viable

[[Page 11021]]

alternatives for these chemicals because of their unique performance 
characteristics, and described their efforts to further reduce the use 
of PFAS chemicals and to continually improve their handling and 
disposal practices to reduce or eliminate PFAS exposures and releases. 
(Ref. 6)
    Given the extremely low volume of use and the stringent controls on 
exposure and releases, EPA is proposing not to include in the 
definition of significant new use the manufacture or import of 
chemicals listed in Table 2, Unit I.A., including chemicals which had 
not been imported from non-3M sources prior to the publication of the 
proposed SNUR, for use as a component of a photoresist substance, 
including a photo acid generator or surfactant, or a component of an 
anti-reflective coating, used in a photomicrolithography process to 
produce semiconductors or similar components of electronic or other 
miniaturized devices. EPA is proposing this exclusion in recognition of 
the industry's commitment to continue to pursue better controls to 
ensure that this use will not increase the type, magnitude, or duration 
of exposure to PFAS chemicals.
    Three commenters also provided information indicating that their 
specific use of the 3M formulations FC93 and FC98, which contain three 
of the PFAS chemicals (CAS Nos. 2795-39-3, 67584-42-3, and 68156-01-4) 
listed in Table 2, Unit I.A, as an anti-erosion additive in fire-
resistant phosphate ester aviation hydraulic fluids, was critical to 
the safe performance of large cargo and passenger aircraft, and that 
there are at present no viable alternatives to PFAS for this use. These 
commenters also indicated that, although 3M has been their source, the 
PFAS chemicals used in this application have also been produced by 
other foreign sources prior to the publication of the SNUR, although 
they have not been imported. They reported that the total aggregate use 
of PFAS in this application by all aviation consumers is less than 
5,000 lbs per year (2,273 kg), and that because these systems are 
sealed at the time of manufacture, worker exposures and releases to the 
environment are minimal. They noted that ongoing research for possible 
replacement chemicals could not produce viable alternatives for several 
years, because of requirements that these products meet military 
specifications or gain approval from the Federal Aviation 
Administration (FAA). (Refs. 7, 8, 9, and 10) Based on the information 
presented, including the very low volume of use and the low potential 
for exposure, as well as the critical safety nature of the use, EPA 
proposes to exclude the manufacture or import of these PFAS chemicals 
for use in this application from the definition of significant new use.
    Commenters in the semiconductor and aviation hydraulics industries 
also indicated that, in order to produce the specific PFAS chemicals 
used in their applications, certain additional chemicals on the list in 
Table 2, Unit I.A., would be required for use as intermediate chemicals 
in the manufacturing process. Accordingly, EPA proposes to exclude from 
the significant new use definition the use of these PFAS chemicals as 
intermediates only to produce other chemicals used solely for the 
excluded semiconductor and aviation hydraulics uses.
    Commenters in the photography industry, in addition to raising the 
semiconductor applications addressed earlier in this section, also 
identified as critical the use of certain PFAS chemicals in surface 
tension and static discharge control coatings on films, papers, and 
printing plates, and as surfactants and defoamers in solutions used to 
process films and papers, particularly in both traditional and laser 
medical imaging and in some industrial and consumer film products. The 
industry estimated the total annual use of these PFAS chemicals in 
medical imaging for disease diagnosis at 30,600 kg (67,320 lbs), with 
another 5,400 kg (11,880 lbs) used per year in industrial (i.e., oil 
pipeline x-ray; aerial reconnaissance photography) and some consumer 
applications. Some information on specific chemicals used in these 
applications, as well as on the sources of those chemicals, was claimed 
as confidential. Specific information on exposures and releases from 
all these uses was not provided. These commenters indicated that they 
were conducting research to find alternatives to these PFAS chemicals 
in these uses, but that they believed they would not be able to find 
and technically qualify viable alternatives for use before the end of 
the phase-out period. (Refs. 11 and 12)
    EPA is proposing to exclude these photographic uses from the 
definition of significant new use in the SNUR, based on its 
understanding that the industry is actively working to move away from 
these PFAS chemicals and to reduce the use and release of PFAS. EPA is 
concerned, however, that these uses, while much lower in volume than 
the discontinued coating uses on textiles, apparel, carpet, furniture, 
and paper, are substantially greater in volume than the semiconductor 
and aviation uses for which exclusions are being proposed, and much 
less is known about the extent of exposures and releases related to 
these uses. EPA is concerned that new manufacture or importation for 
these photographic uses may significantly affect the type, magnitude, 
and duration of exposure to these chemicals because of their known 
persistence. EPA therefore specifically requests comment on this 
proposed exclusion of these photographic uses from the significant new 
use definition, particularly addressing the anticipated exposures and 
releases that may result from these uses, and including information on 
handling and disposal controls that would control, reduce, or eliminate 
such exposures and releases. In the absence of such information to 
confirm the Agency's understanding and support the proposed exclusion, 
EPA may include these photographic uses in the definition of 
significant new uses that would be subject to this SNUR at such time as 
a final rule is promulgated, perhaps defining the new use based on a 
volume cap on new manufacture or importation intended for this use.
    Accordingly, EPA proposes to require persons to notify EPA at least 
90 days before commencing the manufacture or import of the chemical 
substances identified in Table 2, Unit I.A., for the significant new 
uses described in this document. The significant new uses described by 
this notice are:
    1. Any manufacture or import for any use of any chemical listed in 
Table 2 of Unit I.A., on or after January 1, 2003, except as noted Unit 
III.2.
    2. Manufacture or import of any chemical listed in Table 2, Unit 
I.A., solely for one or more of the following specific uses shall not 
be considered as a significant new use subject to reporting under this 
section:
    i. Use as an anti-erosion additive in fire-resistant phosphate 
ester aviation hydraulic fluids.
    ii. Use as a component of a photoresist substance, including a 
photo acid generator or surfactant, or as a component of an anti-
reflective coating, used in a photomicrolithography process to produce 
semiconductors or similar components of electronic or other 
miniaturized devices.
    iii. Use as an intermediate only to produce other chemical 
substances to be used solely for the uses listed in Unit III.2.i. or 
ii.
    iv. Use in a surface tension and static discharge control coating 
on films, papers, and printing plates, or as a surfactant or defoamer 
in solutions used to process films and papers, in traditional and laser 
medical imaging

[[Page 11022]]

and in industrial and consumer film products.

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

    EPA believes that the intent of TSCA section 5(a)(1)(B) is best 
served by designating a use as a significant new use as of the proposal 
date of the SNUR, rather than as of the effective date of the final 
rule. If uses begun after publication of the proposed SNUR were 
considered to be ongoing, rather than new, it would be difficult for 
EPA to establish SNUR notice requirements, because any person could 
defeat the SNUR by initiating the proposed significant new use before 
the rule became final, and then argue that the use was ongoing.
    Persons who begin commercial manufacture or import of the PFAS 
chemicals listed in Table 2, Unit I.A., for the significant new uses 
listed in this proposed SNUR after the proposal has been published must 
stop that activity before the effective date of the final rule. Persons 
who ceased those activities will have to meet all SNUR notice 
requirements and wait until the end of the notice review period, 
including all extensions, before engaging in any activities designated 
as significant new uses. If, however, persons who begin commercial 
manufacture or import of these chemical substances between the proposal 
and the effective date of the SNUR meet the conditions of advance 
compliance as codified at 40 CFR 721.45(h), those persons will be 
considered to have met the final SNUR requirements for those 
activities.

V. Summary and Response to Comments on Original Proposed Rule

    EPA received 26 timely comments on the original proposed SNUR, and 
numerous additional presentations and correspondence at and following 
the public meeting. As described in this unit and in Unit III., all of 
these materials were taken into consideration in the preparation of 
this supplemental proposed SNUR. All of these materials have been 
placed in docket OPPTS-50639.
    One comment addressed the use of PFOS in aqueous film-forming foam 
(AFFF) fire fighting products, and commended the Agency for terminating 
this application. 3M voluntarily exited this market, and was the only 
producer of PFOS-based AFFF, although non-PFOS-based AFFF products 
using other fluorinated surfactants remain in use and are unaffected by 
this proposed regulation. EPA is continuing to investigate these 
related fluorinated surfactants to determine whether they may present 
issues and concerns similar to those associated with PFOS.
    One comment indicated that certain of the chemicals on the list 
were in use and registered as active ingredients in pesticide 
formulations, and that chemicals in such use, being regulated by the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), would be 
excluded from the TSCA definition of a ``chemical substance'' and would 
thus not be subject to the proposed SNUR or other reporting 
requirements under TSCA. Pesticides are excluded from regulation under 
TSCA, although pesticide intermediates (chemicals manufactured for the 
purpose of producing regulated pesticide ingredients) are subject to 
TSCA regulation. Following the publication of the proposed SNUR, 
however, the pesticide registrants voluntarily negotiated product 
stewardship agreements with the EPA Office of Pesticide Programs to 
cancel some registered products and to phase out others.
    Three commenters noted that three PFAS chemicals included in the 
proposed SNUR (CAS Nos. 2795-39-3, 67584-42-3, and 68156-01-4) were 
components of 3M products FC93 and FC 98, currently being used in very 
small concentrations (generally less than 500 parts per million (ppm), 
or 0.05% PFOS) as anti-erosion additives in fire-resistant phosphate 
ester aviation hydraulic fluids, and that these uses were critical to 
the safe functioning of control surfaces, brakes, steering, and landing 
gear on virtually all large cargo, military, and passenger transport 
aircraft. The commenters indicated that untreated phosphate ester 
fluids, used for their high fire resistance, support electrochemical 
erosion of control valves within sealed hydraulic systems, and that 
these PFAS chemicals were the only additives discovered in twenty years 
of research that could eliminate this problem. They indicated that the 
total aggregate use of PFAS in this application by all aviation 
consumers is less than 5,000 lbs (2,273 kg) per year, and that because 
these systems are sealed at the time of manufacture, worker exposures 
and releases to the environment are minimal. They noted that ongoing 
research for possible replacement chemicals could not produce any 
viable alternatives for several years, because of requirements that 
these products meet military specifications or gain approval from FAA. 
Given the low volumes involved, the minimal exposure and release 
potential, the aviation safety requirements, and the demonstrated lack 
of viable alternatives, EPA is proposing to exclude the manufacture or 
importation of PFAS chemicals specifically for use as an anti-erosion 
additive in fire-resistant phosphate ester aviation hydraulic fluids 
from the definition of significant new use to which this proposed SNUR 
would apply. No SNUN would thus be required from a company or 
individual manufacturing or importing any of the PFAS chemicals on 
Table 2, Unit I.A., for this specific use.
    Several companies in the semiconductor industry submitted comments 
and participated in meetings both individually and through their 
respective trade associations, indicating that 3M was not the only 
supplier of the specific PFAS chemicals used in their particular 
applications; some companies supplied confidential data indicating that 
they had been importing very small quantities of certain of these 
chemicals from non-3M sources. At the time the original SNUR was 
proposed, EPA was unaware that this importation was taking place, 
because the quantities involved were below the threshold for reporting 
such importation to the EPA. Both individually and through an industry-
wide mass balance submission, the commenters indicated that these 
chemicals were used in very small quantities, under 2,000 kg (4,400 
lbs) per year total in the United States, under controlled conditions 
that virtually eliminated occupational exposures to the chemicals. They 
also presented information concerning their search for and conversion 
to non-PFOS chemicals in certain applications, as well as ongoing 
modifications to their wastewater handling and treatment operations 
that would dramatically reduce their PFAS releases to the environment. 
They expressed an interest in continuing to work with the EPA to 
further reduce the use of PFAS, but indicated that, at present, viable 
alternatives for PFAS have not been qualified for two uses critical to 
both the commercial success of the industry and to its technological 
contributions to national security: as a component of a photoresist 
substance, including a photo acid generator or surfactant, or as a 
component of an anti-reflective coating, used in a 
photomicrolithography process to produce semiconductors or similar 
components of electronic or other miniaturized devices.
    Because companies had been importing certain of the chemical 
substances on Table 2, Unit I.A., in very small quantities from non-3M 
sources for use as a component of a photoresist substance or an anti-
reflective coating used in a photomicrolithography process prior to the 
publication of the

[[Page 11023]]

original proposed SNUR, EPA considers those uses of those particular 
substances to be ongoing, and the continuing manufacture or import of 
those specific PFAS chemicals for those uses, particularly in the small 
amounts and under the types of exposure and release controls described 
by the commenters, would thus not be subject to the SNUR, as reflected 
in this supplemental proposal. EPA further proposes to exclude from the 
significant new use definition these specific uses of the additional 
PFAS chemicals on Table 2, Unit I.A, which had not previously been 
imported into the United States from non-3M sources. In proposing this 
exclusion, EPA recognizes that the amounts involved are small, and that 
the industry has committed to continue to pursue better controls to 
ensure that this use will not increase the type, magnitude, or duration 
of exposure to PFAS chemicals. No SNUN would thus be required from a 
company or individual manufacturing or importing any of the PFAS 
chemicals on Table 2, Unit I.A. for this specific use.
    Commenters in both the aviation and semiconductor industries also 
indicated that certain chemical substances listed in the SNUR are 
essential chemical intermediates required to make the PFAS products 
that are actually used in electronics manufacture and hydraulic fluids. 
EPA proposes to exclude from the significant new use definition the use 
of listed PFAS chemicals as intermediates only to produce other 
chemical substances to be used solely for the semiconductor and 
aviation uses already described.
    EPA commends the aviation and semiconductor industries in 
particular for their diligence in providing useful tools and 
information and in working with the Agency to achieve a full 
understanding of the issues presented by PFAS in these industries. EPA 
further acknowledges their pledge to continue to work toward further 
reductions in the use and release of PFAS chemicals notwithstanding the 
proposed identification of these low volume, low release, and 
controlled exposure uses as not included within the definition of 
significant new uses subject to this SNUR.
    Four companies and a trade association presented comments and 
supplementary correspondence concerning the use of PFAS chemicals in 
the photography industry. To the extent that those comments concerned 
photomicrolithography in the semiconductor context, they are addressed 
above in the EPA's response to the semiconductor industry in this unit. 
Separately from the semiconductor issues, the photography industry also 
identified as critical the use of certain PFAS chemicals in surface 
tension and static discharge control coatings on films, papers, and 
printing plates, and as surfactants and defoamers in solutions used to 
process films and papers, particularly in both traditional and laser 
medical imaging and in some industrial and consumer film products. The 
industry estimated the total annual use of these PFAS chemicals in 
medical imaging for disease diagnosis at 30,600 kg (67,320 lbs), with 
another 5,400 kg (11,880 lbs) used per year in industrial (i.e., oil 
pipeline x-ray; aerial reconnaissance photography) and some consumer 
applications. Specific information on exposures and releases from all 
these uses was not provided. Some of the specific chemicals used, the 
sources from which those chemicals were obtained, and the amounts used 
by individual companies were claimed as confidential business 
information. The photographic industry commenters expressed willingness 
to work toward reducing the amount of PFAS being used in their 
applications, but indicated concern that viable alternatives might not 
be available or qualified by the phase-out date announced by 3M and 
reflected in the original proposed SNUR. They requested an extension of 
the phase-out period for their claimed critical use applications.
    The phase-out dates in the original proposed SNUR were determined 
by 3M's voluntary commitment to discontinue production of these PFAS 
chemicals. The basis for EPA's original SNUR proposal was that any 
production of these chemicals following the 3M phaseout would by 
definition be new, since at the time the proposal issued, 3M had been 
the sole producer; and any new production would necessarily affect the 
type, magnitude, and duration of exposure, because these chemicals are 
persistent. New production would add to the base amount of these 
chemicals already present in the environment, and widespread exposure 
to these chemicals has been demonstrated through the detection of PFOS 
in the blood of the general population and of wildlife.
    The commenters did not propose a time frame for an extended phase-
out of these chemicals for their specific use. Because the amount of 
time that might be required is uncertain, instead of proposing a 
specific extension of the phase-out period, EPA is proposing to exclude 
these photographic uses from the definition of a significant new use 
under the SNUR, on the understanding that the industry is actively 
working to move away from these PFAS chemicals and to reduce the use 
and release of PFAS. EPA is concerned, however, that these uses, while 
much lower in volume than the discontinued coating uses on textiles, 
apparel, carpet, furniture, and paper, are substantially greater than 
the semiconductor and aviation uses for which exclusions are also being 
proposed, and much less is known about the extent of exposures and 
releases related to these uses. EPA is concerned that these 
photographic uses may significantly affect the type, magnitude, and 
duration of exposure to these chemicals because of their known 
persistence. EPA therefore specifically requests comment on this 
proposed exclusion of these photographic uses, particularly addressing 
the anticipated exposures and releases that may result from these uses, 
and including information on handling and disposal controls that would 
control, reduce, or eliminate such exposures and releases. In the 
absence of such information to confirm the Agency's understanding and 
support the proposed exclusion, EPA may include these photographic uses 
in the definition of significant new uses that would be subject to this 
SNUR at such time as a final rule is promulgated, perhaps defining the 
new use based on a volume cap on new manufacture or importation 
intended for this use.
    One commenter indicated that it imported small quantities of some 
of the chemicals listed in the original proposed SNUR for various 
applications, but gave no further information to identify which 
chemicals it imported, or whether 3M--which has production facilities 
abroad--was the source of the imported chemicals. Some of the uses 
mentioned in this comment have been addressed in this unit in the 
contexts of the industries which provided more details on use. Without 
more specific substantiation of the asserted importation, this comment 
cannot be further addressed.
    One private citizen commended the EPA for taking action on PFOS, 
but noted that there must be more PFAS chemicals on the Inventory than 
were listed in the original SNUR, and that similar action should be 
taken to address those other chemicals. EPA is evaluating other PFAS 
and PFAS-related chemicals, but used the mechanism of the proposed SNUR 
to address the specific chemicals that it had sufficient reason to 
believe were either not currently in use or were being phased out by 
their sole producer. If regulatory action on other PFAS or PFAS-related 
chemicals is warranted, EPA will propose appropriate action when its 
evaluation is complete.

[[Page 11024]]

    The National Aeronautics and Space Administration (NASA) noted that 
it used many chemicals in its Space Shuttle program and was not certain 
at the time of its initial comment submission whether those would 
include any of the PFAS chemicals in the proposed SNUR. EPA has not 
received any subsequent communications from NASA that would indicate 
that NASA concluded that the proposed SNUR would present issues.
    3M provided comments suggesting some changes in the acronyms used 
in the proposed SNUR to make them consistent with the nomenclature 
customarily used by 3M and the industry. 3M also requested minor 
changes to the two tables of chemicals listed in the SNUR to correct 
the assignment of four chemicals to the wrong table, and to remove two 
chemicals that had not been included in 3M's phaseout plan. EPA adopted 
the 3M nomenclature and made the table adjustments. 3M emphasized that 
no data indicated that adverse effects were currently being observed in 
humans and wildlife. 3M also noted that additional data under 
development might change some of the EPA's preliminary conclusions. 3M 
challenged the simplification in the preamble of EPA's characterization 
of certain of the hazard studies analyzed in the EPA Hazard Assessment, 
which 3M felt overstated some of the hazard conclusions that were drawn 
in the assessment. 3M requested that these statements be rephrased more 
accurately in any discussion of hazard in the final rule.

VI. References

    These references have been placed in the official record that was 
established under docket control number OPPTS-50639 for this rulemaking 
as indicated in Unit I.B.2. Reference documents identified with an 
Administrative Record number (AR) are cross-indexed to non-regulatory, 
publicly accessible information files maintained in the TSCA 
Nonconfidential Information Center. Copies of these documents can be 
obtained as described in Unit I.B.2.
    1. (AR226-0620) Sulfonated Perfluorochemicals in the Environment: 
Sources, Dispersion, Fate, and Effects. 3M. St. Paul, MN. March 1, 
2000.
    2. (AR226-0547) The Science of Organic Fluorochemistry. 3M. St. 
Paul, MN. February 5, 1999.
    3. (AR226-0548) Perfluorooctane Sulfonate: Current Summary of Human 
Sera, Health and Toxicology Data. 3M. St. Paul, MN. January 21, 1999.
    4. Seed, Jennifer. Hazard Assessment and Biomonitoring Data on 
Perfluorooctane Sulfonate--PFOS. USEPA/OPPT/RAD. Washington, DC. August 
31, 2000.
    5. Dominiak, Mary. PFOS Public Meeting Summary and Attendee List. 
USEPA/OPPT/CCD. Washington, DC. April 27, 2001.
    6. Harper, Stephen and Dripps, Greg. Letter (with appendices) to 
Charles M. Auer. Semicondustor Industry Association and Semiconductor 
Equipment and Materials International. Washington, DC. October 3, 2001.
    7. Jarnot, Bruce. Comments of ExxonMobil Lubricants and Petroleum 
Specialties. Fairfax, VA. November 16, 2000.
    8. Frank, Matthew. Comments of Boeing. Arlington, VA. November 17, 
2000.
    9. Downes, Jim. Comments of Solutia. St. Louis, MO. November 13, 
2000.
    10. Downes, Jim. Supplementary Comments of Solutia at EPA Public 
Meeting. Washington, DC. March 27, 2001.
    11. O'Donoghue, John. PFOS and Imaging. Presentation of 
Photographic and Imaging Manufacturers Association at EPA Public 
Meeting. Washington, DC. March 27, 2001.
    12. O'Donoghue, John. Letter to Charles M. Auer, Followup to the 
March 27, 2001 Public Meeting. Rochester, NY. April 24, 2001.

VII. Regulatory Assessment Requirements

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has determined that SNURs are not a ``significant 
regulatory action'' subject to review by OMB, because SNURs do not meet 
the criteria in section 3(f) of the Executive order.
    Based on EPA's experience with past SNURs, State, local, and tribal 
governments have not been impacted by these rules, and EPA does not 
have any reasons to believe that any State, local, or tribal government 
will be impacted by this proposed rule. As such, EPA has determined 
that this regulatory action does not impose any enforceable duty, 
contain any unfunded mandate, or otherwise have any affect on small 
governments subject to the requirements of sections 202, 203, 204, or 
205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-
4).
    This proposed rule does not have tribal implications because it is 
not expected to have substantial direct effects on Indian Tribes. This 
does not significantly or uniquely affect the communities of Indian 
tribal governments, nor does it involve or impose any requirements that 
affect Indian Tribes. Accordingly, the requirements of section 3(b) of 
Executive Order 13084, entitled Consultation and Coordination with 
Indian Tribal Governments (63 FR 276755, May 19, 1998), do not apply to 
this proposed rule. Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000), which took effect on January 6, 2001, revokes Executive Order 
13084 as of that date. EPA developed this proposed rule, however, 
during the period when Executive Order 13084 was in effect; thus, EPA 
addressed tribal considerations under Executive Order 13084. For the 
same reasons stated for Executive Order 13084, the requirements of 
Executive Order 13175 do not apply to this proposed rule either. Nor 
will this action have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999).
    This proposed rule is not subject to Executive Order 13211, 
entitled Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), 
because this action is not expected to affect energy supply, 
distribution, or use.
    In issuing this proposed rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988, entitled Civil Justice Reform (61 
FR 4729, February 7, 1996).
    EPA has complied with Executive Order 12630, entitled Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights (53 FR 8859, March 15, 1988), by examining the takings 
implications of this proposed rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the Executive order.
    This action does not involve special considerations of 
environmental justice related issues as required by Executive Order 
12898, entitled Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations (59 FR 7629, February 
16, 1994).
    This action is not subject to Executive Order 13045, entitled 
Protection of

[[Page 11025]]

Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997), because this is not an economically significant 
regulatory action as defined by Executive Order 12866, and this action 
does not address environmental health or safety risks 
disproportionately affecting children.
    In addition, since this action does not involve any technical 
standards, section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 
U.S.C. 272 note), does not apply to this action.
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation 
of this SNUR will not have a significant adverse economic impact on a 
substantial number of small entities. A SNUR applies to any person 
(including small or large entities) who intends to engage in any 
activity described in the rule as a ``significant new use.'' Based on 
all information currently available to EPA, it appears that no small or 
large entities currently engage in such activity. Since a SNUR requires 
merely that any person who intends to engage in such activity in the 
future must first notify EPA (by submitting a SNUN), no economic impact 
will even occur until someone decides to engage in those activities. As 
a voluntary action, it is reasonable to presume that this decision 
would be based on a determination by the person submitting the SNUN 
that the potential benefits would outweigh the costs. Although some 
small entities may decide to conduct such activities in the future, EPA 
cannot presently determine how many, if any, there may be. EPA's 
experience to date is that, in response to the promulgation of over 530 
SNURs, the Agency has received fewer than 15 SNUNs. Of those SNUNs 
submitted, none appear to be from small entities. In fact, EPA expects 
to receive few, if any, SNUNs from either large or small entities in 
response to any SNUR. Therefore, EPA believes that, the economic impact 
of complying with a SNUR is not expected to be significant or adversely 
impact a substantial number of small entities. This rationale has been 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration.
    According to the Paperwork Reduction Act (PRA), 44 USC 3501 et 
seq., an agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations, after initial display in the Federal Register and in 
addition to its display on any related collection instrument, are 
listed in 40 CFR part 9.
    The information collection requirements related to this action have 
already been approved by OMB pursuant to the PRA under OMB control 
number 2070-0038 (EPA ICR No. 1188.06). This action does not impose any 
burden requiring additional OMB approval. If an entity were to submit a 
SNUN to the Agency, the annual burden is estimated to average between 
98.96 and 118.92 hours per response at an estimated reporting cost of 
between $5,957 and $7,192 per SNUN. This burden estimate includes the 
time needed to review instructions, search existing data sources, 
gather and maintain the data needed, and complete, review and submit 
the required SNUN, and maintain the required records. This burden 
estimate does not include 1 hour of technical time at $64.30 per hour 
estimated to be required for customer notification of SNUR 
requirements, or the $2,500 user fee for submission of a SNUN ($100 for 
businesses with less than $40 million in annual sales).
    Send any comments about the accuracy of the burden estimate, and 
any suggested methods for minimizing respondent burden, including 
through the use of automated collection techniques, as instructed in 
Unit I.D. or to the Director, Collection Strategies Division, Office of 
Environmental Information, Environmental Protection Agency (2822), 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Please remember to 
include the OMB control number in any correspondence, but do not submit 
any completed forms to this address.

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous materials, Reporting 
and recordkeeping requirements, Significant new uses.


    Dated: March 4, 2002.
William H. Sanders, III,
Director, Office of Pollution Prevention and Toxics.

    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 721--[AMENDED]

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

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


    2. By revising Sec. 721.9582 in subpart E to read as follows:


Sec. 721.9582  Certain perfluoralkyl sulfonates.

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


  Table 1.--PFAS Chemicals Subject to Reporting on or After January 1,
                                  2001
------------------------------------------------------------------------
            CAS No./PMN                CAS Ninth Collective Index Name
------------------------------------------------------------------------
2250-98-8                           1-Octanesulfonamide, N,N',N''-
                                     [phosphinylidynetris(oxy-2,1-
                                     ethanediyl)]tris[N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------
30381-98-7                          1-Octanesulfonamide, N,N'-
                                     [phosphinicobis(oxy-2,1-
                                     ethanediyl)]bis[N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, ammonium salt
------------------------------------------------------------------------
57589-85-2                          Benzoic acid, 2,3,4,5-tetrachloro-6-
                                     [[[3-
                                     [[(heptadecafluorooctyl)sulfonyl]ox
                                     y]phenyl]amino]carbonyl]-,
                                     monopotassium salt
------------------------------------------------------------------------
61660-12-6                          1-Octanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-[3-
                                     (trimethoxysilyl)propyl]-
------------------------------------------------------------------------
67969-69-1                          1-Octanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-[2-
                                     (phosphonooxy)ethyl]-, diammonium
                                     salt
------------------------------------------------------------------------

[[Page 11026]]

 
68608-14-0                          Sulfonamides, C4-8-alkane,
                                     perfluoro, N-ethyl-N-
                                     (hydroxyethyl), reaction products
                                     with 1,1'-methylenebis[4-
                                     isocyanatobenzene]
------------------------------------------------------------------------
70776-36-2                          2-Propenoic acid, 2-methyl-,
                                     octadecyl ester, polymer with 1,1-
                                     dichloroethene, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl 2-propenoate, N-
                                     (hydroxymethyl)-2-propenamide, 2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate and 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate
------------------------------------------------------------------------
127133-66-8                         2-Propenoic acid, 2-methyl-,
                                     polymers with Bu methacrylate,
                                     lauryl methacrylate and 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl
                                     methacrylate
------------------------------------------------------------------------
148240-78-2                         Fatty acids, C18-unsatd., trimers, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl esters
------------------------------------------------------------------------
148684-79-1                         Sulfonamides, C4-8-alkane,
                                     perfluoro, N-(hydroxyethyl)-N-
                                     methyl, reaction products with 1,6-
                                     diisocyanatohexane homopolymer and
                                     ethylene glycol
------------------------------------------------------------------------
178535-22-3                         Sulfonamides, C4-8-alkane,
                                     perfluoro, N-ethyl-N-(hydroxyethyl)-
                                     , polymers with 1,1'-methylenebis[4-
                                     isocyanatobenzene] and
                                     polymethylenepolyphenylene
                                     isocyanate, 2-ethylhexyl esters, Me
                                     Et ketone oxime-blocked
------------------------------------------------------------------------
P-94-2205                           Polymethylenepolyphenylene
                                     isocyanate and bis(4-NCO-
                                     phenyl)methane reaction products
                                     with 2-ethyl-1-hexanol, 2-butanone,
                                     oxime, N-ethyl-N-(2- hydroxyethyl)-
                                     1-C4-C8 perfluoroalkanesulfonamide
------------------------------------------------------------------------
P-96-1645                           Fatty acids, C18-unsatd., dimers, 2-
306974-63-0.......................   [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl esters
------------------------------------------------------------------------



  Table 2.--PFAS Chemicals Subject to Reporting on or After January 1,
                                  2003
------------------------------------------------------------------------
            CAS No./PMN                CAS Ninth Collective Index Name
------------------------------------------------------------------------
307-35-7                            1-Octanesulfonyl fluoride,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------
307-51-7                            1-Decanesulfonyl fluoride,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9
                                     ,10,10,10-heneicosafluoro-
------------------------------------------------------------------------
376-14-7                            2-Propenoic acid, 2-methyl-, 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester
------------------------------------------------------------------------
383-07-3                            2-Propenoic acid, 2-
                                     [butyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester
------------------------------------------------------------------------
423-50-7                            1-Hexanesulfonyl fluoride,
                                     1,1,2,2,3,3,4,4,5,5,6,6,6-
                                     tridecafluoro-
------------------------------------------------------------------------
423-82-5                            2-Propenoic acid, 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester
------------------------------------------------------------------------
754-91-6                            1-Octanesulfonamide,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------
1652-63-7                           1-Propanaminium, 3-
                                     [[(heptadecafluorooctyl)sulfonyl]am
                                     ino]-N,N,N-trimethyl-, iodide
------------------------------------------------------------------------
1691-99-2                           1-Octanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
------------------------------------------------------------------------
1763-23-1                           1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------
2795-39-3                           1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, potassium salt
------------------------------------------------------------------------
2991-51-7                           Glycine, N-ethyl-N-
                                     [(heptadecafluorooctyl)sulfonyl]-,
                                     potassium salt
------------------------------------------------------------------------
4151-50-2                           1-Octanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-
------------------------------------------------------------------------
14650-24-9                          2-Propenoic acid, 2-methyl-, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester
------------------------------------------------------------------------
17202-41-4                          1-Nonanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9
                                     ,9-nonadecafluoro-, ammonium salt
------------------------------------------------------------------------
24448-09-7                          1-Octanesulfonamide,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
                                     N-methyl-
------------------------------------------------------------------------
25268-77-3                          2-Propenoic acid, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester
------------------------------------------------------------------------
29081-56-9                          1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, ammonium salt
------------------------------------------------------------------------
29117-08-6                          Poly(oxy-1,2-ethanediyl), .alpha.-[2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl]-.omega.-hydroxy-
------------------------------------------------------------------------
29457-72-5                          1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, lithium salt
------------------------------------------------------------------------

[[Page 11027]]

 
31506-32-8                          1-Octanesulfonamide,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-methyl-
------------------------------------------------------------------------
38006-74-5                          1-Propanaminium, 3-
                                     [[(heptadecafluorooctyl)sulfonyl]am
                                     ino]-N,N,N-trimethyl-, chloride
------------------------------------------------------------------------
38850-58-7                          1-Propanaminium, N-(2-hydroxyethyl)-
                                     N,N-dimethyl-3-[(3-
                                     sulfopropyl)[(tridecafluorohexyl)su
                                     lfonyl]amino]-, inner salt
------------------------------------------------------------------------
55120-77-9                          1-Hexanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,6-
                                     tridecafluoro-, lithium salt
------------------------------------------------------------------------
67584-42-3                          Cyclohexanesulfonic acid,
                                     decafluoro(pentafluoroethyl)-,
                                     potassium salt
------------------------------------------------------------------------
67906-42-7                          1-Decanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9
                                     ,10,10,10-heneicosafluoro-,
                                     ammonium salt
------------------------------------------------------------------------
68156-01-4                          Cyclohexanesulfonic acid,
                                     nonafluorobis(trifluoromethyl)-,
                                     potassium salt
------------------------------------------------------------------------
68298-62-4                          2-Propenoic acid, 2-
                                     [butyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester, telomer with
                                     2-
                                     [butyl[(pentadecafluoroheptyl)sulfo
                                     nyl]amino]ethyl 2-propenoate,
                                     methyloxirane polymer with oxirane
                                     di-2-propenoate, methyloxirane
                                     polymer with oxirane mono-2-
                                     propenoate and 1-octanethiol
------------------------------------------------------------------------
68329-56-6                          2-Propenoic acid, eicosyl ester,
                                     polymer with 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl 2-propenoate,
                                     hexadecyl 2-propenoate, 2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate and
                                     octadecyl 2-propenoate
------------------------------------------------------------------------
68541-80-0                          2-Propenoic acid, polymer with 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl 2-methyl-2-
                                     propenoate and octadecyl 2-
                                     propenoate
------------------------------------------------------------------------
68555-90-8                          2-Propenoic acid, butyl ester,
                                     polymer with 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl 2-propenoate, 2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate and 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate
------------------------------------------------------------------------
68555-91-9                          2-Propenoic acid, 2-methyl-, 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester, polymer with
                                     2-
                                     [ethyl[(nonafluorobutyl)sulfonyl]am
                                     ino] ethyl 2-methyl-2-propenoate, 2-
                                     [ethyl[(pentadecafluoroheptyl)sulfo
                                     nyl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [ethyl[(tridecafluorohexyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate,
                                     2-
                                     [ethyl[(undecafluoropentyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate
                                     and octadecyl 2-methyl-2-propenoate
------------------------------------------------------------------------
68555-92-0                          2-Propenoic acid, 2-methyl-, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester, polymer with
                                     2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-methyl-2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-methyl-2-propenoate
                                     and octadecyl 2-methyl-2-propenoate
------------------------------------------------------------------------
68586-14-1                          2-Propenoic acid, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester, telomer with
                                     2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, .alpha.-(2-
                                     methyl-1-oxo-2-propenyl)-.omega.-
                                     hydroxypoly(oxy-1,2-ethanediyl),
                                     .alpha.-(2-methyl-1-oxo-2-propenyl)-
                                     .omega.-[(2-methyl-1-oxo-2-
                                     propenyl)oxy]poly(oxy-1,2-
                                     ethanediyl), 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[
                                     (tridecafluorohexyl)sulfonyl]amino]
                                     ethyl 2-propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate and 1-
                                     octanethiol
------------------------------------------------------------------------
68649-26-3                          1-Octanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
                                     , reaction products with N-ethyl-
                                     1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-
                                     hydroxyethyl)-1-butanesulfonamide,
                                     N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                     pentadecafluoro-N-(2-hydroxyethyl)-
                                     1-heptanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,6-
                                     tridecafluoro-N-(2-hydroxyethyl)-1-
                                     hexanesulfonamide, N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,5-undecafluoro-
                                     N-(2-hydroxyethyl)-1-
                                     pentanesulfonamide,
                                     polymethylenepolyphenylene
                                     isocyanate and stearyl alc.
------------------------------------------------------------------------
68891-96-3                          Chromium, diaquatetrachloro[.mu.-[N-
                                     ethyl-N-
                                     [(heptadecafluorooctyl)sulfonyl]gly
                                     cinato-.kappa.O:.kappa.O']]-.mu.-
                                     hydroxybis(2-methyl-1-propanol)di-
------------------------------------------------------------------------
68867-60-7                          2-Propenoic acid, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl ester, polymer with
                                     2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate and
                                     .alpha.-(1-oxo-2-propenyl)-.omega.-
                                     methoxypoly (oxy-1,2-ethanediyl)
------------------------------------------------------------------------

[[Page 11028]]

 
68867-62-9                          2-Propenoic acid, 2-methyl-, 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl ester, telomer with
                                     2-
                                     [ethyl[(nonafluorobutyl)sulfonyl]am
                                     ino]ethyl 2-methyl-2-propenoate, 2-
                                     [ethyl[(pentadecafluoroheptyl)sulfo
                                     nyl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [ethyl[(tridecafluorohexyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate,
                                     2-
                                     [ethyl[(undecafluoropentyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate,
                                     1-octanethiol and .alpha.-(1-oxo-2-
                                     propenyl)-.omega.-methoxypoly(oxy-
                                     1,2-ethanediyl)
------------------------------------------------------------------------
68909-15-9                          2-Propenoic acid, eicosyl ester,
                                     polymers with branched octyl
                                     acrylate, 2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl acrylate, 2-[methyl
                                     [(nonafluorobutyl)sulfonyl]amino]et
                                     hyl acrylate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl acrylate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl acrylate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl acrylate,
                                     polyethylene glycol acrylate Me
                                     ether and stearyl acrylate
------------------------------------------------------------------------
68958-61-2                          Poly(oxy-1,2-ethanediyl), .alpha.-[2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl]-.omega.-methoxy-
------------------------------------------------------------------------
70225-14-8                          1-Octanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-, compd. with 2,2'-
                                     iminobis[ethanol] (1:1)
------------------------------------------------------------------------
71487-20-2                          2-Propenoic acid, 2-methyl-, methyl
                                     ester, polymer with ethenylbenzene,
                                     2-
                                     [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl 2-propenoate, 2-
                                     [methyl[(nonafluorobutyl)sulfonyl]a
                                     mino]ethyl 2-propenoate, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl 2-propenoate, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl 2-propenoate, 2-
                                     [methyl[(undecafluoropentyl)sulfony
                                     l]amino]ethyl 2-propenoate and 2-
                                     propenoic acid
------------------------------------------------------------------------
73772-32-4                          1-Propanesulfonic acid, 3-[[3-
                                     (dimethylamino)propyl][(tridecafluo
                                     rohexyl)sulfonyl]amino]-2-hydroxy-,
                                     monosodium salt
------------------------------------------------------------------------
81190-38-7                          1-Propanaminium, N-(2-hydroxyethyl)-
                                     3-[(2-hydroxy-3-
                                     sulfopropyl)[(tridecafluorohexyl)su
                                     lfonyl]amino]-N,N-dimethyl-,
                                     hydroxide, monosodium salt
------------------------------------------------------------------------
91081-99-1                          Sulfonamides, C4-8-alkane,
                                     perfluoro, N-(hydroxyethyl)-N-
                                     methyl, reaction products with
                                     epichlorohydrin, adipates (esters)
------------------------------------------------------------------------
94133-90-1                          1-Propanesulfonic acid, 3-[[3-
                                     (dimethylamino)propyl][(heptadecafl
                                     uorooctyl)sulfonyl]amino]-2-hydroxy-
                                     , monosodium salt
------------------------------------------------------------------------
98999-57-6                          Sulfonamides, C7-8-alkane,
                                     perfluoro, N-methyl-N-[2-[(1-oxo-2-
                                     propenyl)oxy]ethyl], polymers with
                                     2-ethoxyethyl acrylate, glycidyl
                                     methacrylate and N,N,N-trimethyl-2-
                                     [(2-methyl-1-oxo-2-
                                     propenyl)oxy]ethanaminium chloride
------------------------------------------------------------------------
117806-54-9                         1-Heptanesulfonic acid,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                     pentadecafluoro-, lithium salt
------------------------------------------------------------------------
129813-71-4                         Sulfonamides, C4-8-alkane,
                                     perfluoro, N-methyl-N-
                                     (oxiranylmethyl)
------------------------------------------------------------------------
148240-80-6                         Fatty acids, C18-unsatd., trimers, 2-
                                     [methyl[(tridecafluorohexyl)sulfony
                                     l]amino]ethyl esters
------------------------------------------------------------------------
148240-82-8                         Fatty acids, C18-unsatd., trimers, 2-
                                     [methyl[(pentadecafluoroheptyl)sulf
                                     onyl]amino]ethyl esters
------------------------------------------------------------------------
182700-90-9                         1-Octanesulfonamide,
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-methyl-, reaction
                                     products with benzene-chlorine-
                                     sulfur chloride (S2Cl2) reaction
                                     products chlorides
------------------------------------------------------------------------
L-92-0151                           2-Propenoic acid, 2-methyl-, butyl
                                     ester, polymer with 2-
                                     [ethyl[(heptadecafluorooctyl)sulfon
                                     yl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [ethyl[(nonafluorobutyl)sulfonyl]am
                                     ino]ethyl 2-methyl-2-propenoate, 2-
                                     [ethyl[(pentadecafluoroheptyl)sulfo
                                     nyl]amino]ethyl 2-methyl-2-
                                     propenoate, 2-
                                     [ethyl[(tridecafluorohexyl)sulfonyl
                                     ]amino]ethyl 2-methyl-2-propenoate
                                     and 2-propenoic acid
------------------------------------------------------------------------
P-80-0183                           Sulfonamides, C4-8-alkane,
192662-29-6.......................   perfluoro, N-[3-
                                     (dimethylamino)propyl], reaction
                                     products with acrylic acid
------------------------------------------------------------------------
P-83-1102                           Fatty acids, linseed-oil, dimers, 2-
306973-46-6.......................   [[(heptadecafluorooctyl)sulfonyl]me
                                     thylamino]ethyl esters
------------------------------------------------------------------------
P-84-1163                           Propanoic acid, 3-hydroxy-2-
306975-56-4.......................   (hydroxymethyl)-2-methyl-, polymer
                                     with 2-ethyl-2-(hydroxymethyl)-1,3-
                                     propanediol and N,N',2-tris(6-
                                     isocyanatohexyl)imidodicarbonic
                                     diamide, reaction products with N-
                                     ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
                                     1-octanesulfonamide and N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                     pentadecafluoro-N-(2-hydroxyethyl)-
                                     1-heptanesulfonamide, compds. with
                                     triethylamine
------------------------------------------------------------------------

[[Page 11029]]

 
P-84-1171                           Propanoic acid, 3-hydroxy-2-
306975-57-5.......................   (hydroxymethyl)-2-methyl-, polymer
                                     with 1,1'-methylenebis[4-
                                     isocyanatobenzene] and 1,2,3-
                                     propanetriol, reaction products
                                     with N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-N-(2-hydroxyethyl)-
                                     1-octanesulfonamide and N-ethyl-
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-
                                     pentadecafluoro-N-(2-hydroxyethyl)-
                                     1-heptanesulfonamide, compds. with
                                     morpholine
------------------------------------------------------------------------
P-86-0301                           Sulfonamides, C4-8-alkane,
306973-47-7.......................   perfluoro, N-(hydroxyethyl)-N-
                                     methyl, reaction products with 12-
                                     hydroxystearic acid and 2,4-TDI,
                                     ammonium salts
------------------------------------------------------------------------
P-86-0958                           2-Propenoic acid, 2-methyl-, dodecyl
306975-62-2.......................   ester, polymers with 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
                                     and vinylidene chloride
------------------------------------------------------------------------
P-89-0799                           Sulfonamides, C4-8-alkane,
160901-25-7.......................   perfluoro, N-ethyl-N-
                                     (hydroxyethyl), reaction products
                                     with 2-ethyl-1-hexanol and
                                     polymethylenepolyphenylene
                                     isocyanate
------------------------------------------------------------------------
P-90-0111                           Sulfonamides, C4-8-alkane,
306974-19-6.......................   perfluoro, N-methyl-N-[(3-octadecyl-
                                     2-oxo-5-oxazolidinyl)methyl]
------------------------------------------------------------------------
P-91-1419                           Poly(oxy-1,2-ethanediyl), .alpha.-
306975-84-8.......................   hydro-.omega.-hydroxy-, polymer
                                     with 1,6-diisocyanatohexane, N-(2-
                                     hydroxyethyl)-N-methyl perfluoro C4-
                                     8-alkane sulfonamides-blocked
------------------------------------------------------------------------
P-93-1444                           2-Propenoic acid, 2-methyl-, dodecyl
306975-85-9.......................   ester, polymers with N-
                                     (hydroxymethyl)-2-propenamide, 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl
                                     methacrylate, stearyl methacrylate
                                     and vinylidene chloride
------------------------------------------------------------------------
P-94-0545                           1-Hexadecanaminium, N,N-dimethyl-N-
306976-25-0.......................   [2-[(2-methyl-1-oxo-2-
                                     propenyl)oxy]ethyl]-, bromide,
                                     polymers with Bu acrylate, Bu
                                     methacrylate and 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
------------------------------------------------------------------------
P-94-0927                           2-Propenoic acid, 2-methyl-, 2-
306976-55-6.......................   methylpropyl ester, polymer with
                                     2,4-diisocyanato-1-methylbenzene, 2-
                                     ethyl-2-(hydroxymethyl)-1,3-
                                     propanediol and 2-propenoic acid, N-
                                     ethyl-N-(hydroxyethyl)perfluoro-C4-
                                     8-alkanesulfonamides-blocked
------------------------------------------------------------------------
P-94-2206                           Siloxanes and Silicones, di-Me,
306974-28-7.......................   mono[3-[(2-methyl-1-oxo-2-
                                     propenyl)oxy]propylgroup]-
                                     terminated, polymers with 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
                                     and stearyl methacrylate
------------------------------------------------------------------------
P-95-0120                           Sulfonamides, C4-8-alkane,
306980-27-8.......................   perfluoro, N,N'-[1,6-
                                     hexanediylbis[(2-oxo-3,5-
                                     oxazolidinediyl)methylene]]bis[N-
                                     methyl-
------------------------------------------------------------------------
P-96-1262                           Sulfonic acids, C6-8-alkane,
306974-45-8.......................   perfluoro, compds. with
                                     polyethylene-polypropylene glycol
                                     bis(2-aminopropyl) ether
------------------------------------------------------------------------
P-96-1424                           2-Propenoic acid, 2-methyl-, 2-
306977-10-6.......................   (dimethylamino)ethyl ester, telomer
                                     with 2-[ethyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl
                                     methacrylate and 1-octanethiol, N-
                                     oxides
------------------------------------------------------------------------
P-96-1433                           Sulfonamides, C4-8-alkane,
179005-06-2.......................   perfluoro, N-[3-
                                     (dimethyloxidoamino)propyl],
                                     potassium salts
------------------------------------------------------------------------
P-97-0790                           1-Decanaminium, N-decyl-N,N-dimethyl-
251099-16-8.......................   , salt with
                                     1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
                                     heptadecafluoro-1-octanesulfonic
                                     acid (1:1)
------------------------------------------------------------------------
P-98-0251                           2-Propenoic acid, butyl ester,
306978-04-1.......................   polymers with acrylamide, 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
                                     and vinylidene chloride
------------------------------------------------------------------------
P-98-1272                           2-Propenoic acid, 2-methyl-, 3-
306977-58-2.......................   (trimethoxysilyl)propyl ester,
                                     polymers with acrylic acid, 2-
                                     [methyl[(perfluoro-C4-8-
                                     alkyl)sulfonyl]amino]ethyl acrylate
                                     and propylene glycol monoacrylate,
                                     hydrolyzed, compds. with 2,2'-
                                     (methylimino)bis[ethanol]
------------------------------------------------------------------------
P-99-0188                           Hexane, 1,6-diisocyanato-,
306978-65-4.......................   homopolymer, N-(hydroxyethyl)-N-
                                     methyl perfluoro-C4-8-alkane
                                     sulfonamides- and stearyl alc.-
                                     blocked
------------------------------------------------------------------------
P-99-0319                           Poly(oxy-1,2-ethanediyl), .alpha.-[2-
306979-40-8.......................   (methylamino)ethyl]-.omega.-
                                     [(1,1,3,3-tetramethylbutyl)phenoxy]-
                                     , N-[(perfluoro-C4-8-
                                     alkyl)sulfonyl] derivs.
------------------------------------------------------------------------


    (2) The significant new uses are: (i) Any manufacture or import for 
any use of any chemical listed in Table 1 of paragraph (a)(1) of this 
section on or after January 1, 2001.
    (ii) Any manufacture or import for any use of any chemical listed 
in Table 2 of paragraph (a)(1) of this section on or after January 1, 
2003, except as noted in paragraph (a)(3) of this section.
    (3) Manufacture or import of any chemical listed in Table 2 of 
paragraph (a)(1) of this section for the following specific uses shall 
not be considered as a significant new use subject to reporting under 
this section:
    (i) Use as an anti-erosion additive in fire-resistant phosphate 
ester aviation hydraulic fluids.
    (ii) Use as a component of a photoresist substance, including a 
photo

[[Page 11030]]

acid generator or surfactant, or as a component of an anti-reflective 
coating, used in a photomicrolithography process to produce 
semiconductors or similar components of electronic or other 
miniaturized devices.
    (iii) Use as an intermediate only to produce other chemical 
substances to be used solely for the uses listed in paragraph (a)(3)(i) 
or (ii) of this section.
    (iv) Use in a surface tension and static discharge control coating 
on films, papers, and printing plates, or as a surfactant or defoamer 
in solutions used to process films and papers, in traditional and laser 
medical imaging and in industrial and consumer film products.
    (b) [Reserved]

[FR Doc. 02-5747 Filed 3-8-02; 8:45 am]
BILLING CODE 6560-50-S