[Federal Register Volume 71, Number 68 (Monday, April 10, 2006)]
[Proposed Rules]
[Pages 18055-18056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3400]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2005-0015; FRL-7779-7]
RIN 2070-AJ18


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: This document extends the public comment period established 
for the Proposed Significant New Use Rule for Perfluoroalkyl Sulfonates 
in the Federal Register issued on March 10, 2006 (71 FR 12311) (FRL-
7740-6). In that proposed rule, EPA proposed to amend a significant new 
use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control 
Act (TSCA) to include certain perfluoroalkyl sulfonates (PFAS) 
substances. EPA proposed to amend the PFAS SNUR at 40 CFR 721.9582 by 
adding a new Table 3 containing the remaining PFAS chemicals on the 
TSCA Inventory that are not already regulated by the SNUR. EPA believes 
that action is necessary because these chemical substances may be 
hazardous to human health and the environment. The required notice will 
provide EPA the opportunity to evaluate intended significant new uses 
and associated activities before they occur and, if necessary, to 
prohibit or limit those uses or activities.

DATES: Comments must be received on or before May 10, 2006.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES 
in the Federal Register document of March 10, 2006 (71 FR 12311).

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Amy Breedlove, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-9823; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    The Agency included in the proposed rule a list of those who may be 
potentially affected by this action. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under the FOR FURTHER INFORMATION CONTACT.

II. What Action is EPA taking?

    This document extends the public comment period established in the 
Federal Register issued on March 10, 2006 (71 FR 12311). In that 
document, EPA proposed to amend a significant new use rule (SNUR) under 
section 5(a)(2) of the Toxic Substances Control Act (TSCA) to include 
certain perfluoroalkyl sulfonates (PFAS) substances. EPA proposed to 
amend the PFAS SNUR at 40 CFR 721.9582 by adding a new Table 3 
containing the remaining PFAS chemicals on the TSCA Inventory that are 
not already regulated by the SNUR. EPA is hereby extending the comment 
period, which was set to end on April 10, 2006, to May 10, 2006.

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

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by promulgating a rule after 
considering all relevant factors, including those listed in TSCA 
section 5(a)(2). These factors include the projected production volume 
of a chemical substance; the extent to which a use changes or increases 
the type, form, magnitude, or duration of exposure to the substance; 
and the reasonably anticipated manner of producing, processing, 
distributing, or disposing of the substance. EPA construes the statute 
to allow consideration of any other relevant factors, in addition to 
those listed in section 5(a)(2). Once EPA determines that a use of a 
chemical substance is a significant new use, and promulgates a SNUR, 
section 5(a)(1)(B) of TSCA 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 use.

IV. Do Any Statutory and Executive Order Reviews Apply to this Action?

    No. This action is not a rulemaking, it merely extends the date by 
which public comments on a proposed rule must be submitted to EPA on a 
proposed rule that previously published

[[Page 18056]]

in the Federal Register of March 10, 2006 (71 FR 12311). For 
information about the applicability of the statutory and executive 
order reviews to the proposed rule, please refer to the discussion in 
Unit XII. of that document (71 FR 12311).

List of Subjects in 40 CFR Part 721

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


    Dated: April 4, 2006.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

[FR Doc. 06-3400 Filed 4-5-06; 1:17 pm]
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