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PFAS: Perfluoroalkyl Sulfonates.
March 11, 2002. Federal Register.
Proposed Significant New Use Rule (SNUR). Supplemental
proposed rule.
• Docket control number OPPTS-50639C
See also: Docket control number OPPTS-50639D of March 11, 2002
http://www.epa.gov/EPA-TOX/2002/March/Day-11/t5747.htm
[Federal Register: March 11, 2002 (Volume 67, Number 47)]
[Proposed Rules]
[Page 11014-11030]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr02-35]
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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: TSCA-Hotline@epa.gov.
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: dominiak.mary@epa.gov.
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: oppt.ncic@epa.gov, 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.
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. 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,