[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Proposed Rules]
[Pages 16345-16347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8259]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPT-2002-0010; FRL-6833-6]
RIN 2070-AD43


Perfluoroalkyl Sulfonates, Proposed Significant New Use Rule; 
Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: EPA is extending the existing comment period for the proposed 
significant new use rule (SNUR) on perfluoroalkyl sulfonates published 
on March 11, 2002, in the Federal Register. In response to a request 
from the International Imaging Industry Association, the comment period 
is being extended by 90 days, until July 9, 2002. The comment period 
was scheduled to close on April 10, 2002. The proposed SNUR under 
section 5(a)(2) of the Toxic Substances Control Act (TSCA) applies to 
the following chemical 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 chemical substances are referred 
to collectively in the proposed rule as perfluoroalkyl sulfonates, or 
PFAS. The 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. EPA believes that this action is necessary because the 
chemical substances included in that proposed rule may be hazardous to 
human health and the environment. The required notification would 
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.

DATES: Comments, identified by docket control number OPPTS-50639C, must 
be received on or before July 9, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III. 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 
(7408M), 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 Dominiak, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8104; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be 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 the proposed rule. 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.

[[Page 16346]]

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 
the proposed rule 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. Entities potentially affected by the SNUR requirements in the 
proposed rule may include, but are not limited to:

------------------------------------------------------------------------
                                                         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 the table in this unit 
could also be affected. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. To 
determine if you or your business are affected by this action, you 
should carefully examine the applicability provisions at 40 CFR 721.5 
for SNUR-related obligations. Note that because the proposed rule would 
designate certain manufacturing and importing activities as significant 
new uses, persons that solely process the chemical substances that 
would be covered by this action would not be subject to the rule. If 
you have any questions regarding the applicability of this action to a 
particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.

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

    A. 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/. 
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/. A frequently updated electronic version of 40 CFR part 721 
is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr721_00.html, a beta site currently under development.
    B. 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.

III. How and to Whom Do I Submit Comments?

    As described in Unit I.C. of the proposed rule published in the 
Federal Register of March 11, 2002 (67 FR 11014) (FRL-6823-7), you may 
submit your comments through the mail, in person, or electronically. 
Please follow the instructions that are provided in the proposed rule. 
Do not submit any information electronically that you consider to be 
CBI. To ensure proper receipt by EPA, be sure to identify docket 
control number OPPTS-50639C in the subject line on the first page of 
your response.

IV. What Action is EPA taking?

    EPA is extending the comment period for the proposed SNUR on PFAS 
by 90 days, from April 11, 2002, until July 9, 2002. This proposed rule 
would require manufacturers and importers to notify EPA at least 90 
days before commencing the manufacture or import of 75 chemical 
substances for the significant new uses described in the proposed rule. 
This extension was requested by the International Imaging Industry 
Association (OPPTS-50639C-C2-001) for the purpose of allowing the 
member companies of the Association to develop information that 
addresses both progress made by voluntary PFAS replacement activities, 
and the specific request made in the proposed rule for comments that 
address anticipated exposures and releases that may result from 
photographic use of PFAS, including information on handling and 
disposal controls that would control, reduce, or eliminate such 
exposures and releases. EPA believes that this information would be 
valuable to the Agency and the public, and that an extension of time 
not to exceed 90 days would be warranted for its provision.
    As stated in Unit IV. of the proposed 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 PFAS for the 
significant new uses listed in this proposed SNUR after the proposal 
has been published would be subject to the requirements of the SNUR 
when and if the rule goes final, and would have to stop that activity 
unless it meets the requirements of the final SNUR. 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. What is the Agency's Authority for Taking this Action?

    EPA proposed this SNUR pursuant to its authority under TSCA section 
5(a)(2).

[[Page 16347]]

VI. Do Any Regulatory Assessment Requirements Apply to this Action?

    No. This action is not a rulemaking, it merely extends the date by 
which public comments must be submitted to EPA on a proposed rule that 
previously published in the Federal Register. For information about the 
applicability of the regulatory assessment requirements to the proposed 
rule, please refer to the discussion in Unit VII. of that document (65 
FR 11014, 11024).

List of Subjects in 40 CFR Part 721

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


    Dated: April 1, 2002.
David R. Williams,
Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.

[FR Doc. 02-8259 Filed 4-2-02; 4:29 pm]
BILLING CODE 6560-50-S