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Perfluorooctyl Sulfonates. November
21, 2000. Federal Register.
Proposed rule; extension of comment period.
http://www.epa.gov/EPA-TOX/2000/November/Day-21/t29782.htm
[Federal Register: November 21, 2000 (Volume 65, Number 225)]
[Proposed Rules]
[Page 69889-69891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no00-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50639A; FRL-6756-9]
RIN 2070-AD43
Perfluorooctyl Sulfonates, Proposed Significant New Use Rule;
Extension of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: EPA is extending the existing comment period for the proposed
significant new use rule (SNUR) on perfluorooctyl sulfonates published
on
[[Page 69890]]
October 18, 2000, in the Federal Register. In response to several
requests, the comment period is being extended by 45 days, until
January 1, 2001. The comment period was scheduled to close on November
17, 2000. The proposed SNUR under section 5(a)(2) of the Toxic
Substances Control Act (TSCA) applies to the following chemical
substances: perfluorooctanesulfonic acid (PFOSA) and certain of its
salts (PFOSS), perfluorooctanesulfonyl fluoride (PFOSF), certain higher
and lower homologues of PFOSA and PFOSF, and certain other chemical
substances, including polymers, that contain PFOSA and its homologues
as substructures. All of these chemical substances are referred to
collectively in the proposed rule as perfluorooctyl sulfonates, or
PFOS. The proposed rule would require manufacturers and importers to
notify EPA at least 90 days before commencing the manufacture or import
of these chemical substances for the significant new uses described in
this document. EPA believes that this action is necessary because the
chemical substances included in this proposed rule may be hazardous to
human health and the environment. The required notice would provide EPA
with the opportunity to evaluate an intended new use and associated
activities and, if necessary, to prohibit or limit that activity before
it occurs.
DATES: Comments, identified by docket control number OPPTS-50639A,
must be received on or before January 1, 2001.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit III. of the SUPPLEMENTARY INFORMATION. To ensure
proper receipt by EPA, it is imperative that you identify docket
control number OPPTS-50639A 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,
Office of Pollution Prevention and Toxics (7408), 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 Dominiak, Chemical Control
Division (7405), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 260-7768; fax number:
(202) 260-1096; e-mail address: dominiak.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
You may be affected by this action if you manufacture (defined by
statute to include import) any of the chemical substances that are
listed in Table 2 or Table 3 of the proposed rule. Persons who intend
to import any chemical substance governed by a final SNUR are subject
to the TSCA section 13 (15 U.S.C. 2612) import certification
requirements, and to the regulations codified at 19 CFR 12.118 through
12.127 and 12.728. 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 or Table 3 of the proposed rule
are subject to the export notification provisions of TSCA section 12(b)
(15 U.S.C. 2611(b)), and must comply with the export notification
requirements in 40 CFR 721.20 and 40 CFR part 707, subpart D. Entities
potentially affected by the SNUR requirements in the proposed rule may
include, but are not limited to:
Table 1.--Entities Potentially Affected by the SNUR Requirements
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Examples of
Categories NAICS Codes potentially
affected entities
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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
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This listing is not intended to be exhaustive. Instead, it 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 in determinations of
whether this action might apply to certain entities. To determine if
you or your business is affected by this action, you should carefully
examine the applicability provisions at 40 CFR 721.5 for SNUR-related
obligations. Note that because the proposed rule would designate
certain manufacturing and importing activities as significant new uses,
persons that solely process the chemical substances that would be
covered by this action would not be subject to the rule. If you have
any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
II. How Can I Get Additional Information, Including Copies of this
Document or Other Related Documents?
A. Electronically
You may obtain electronic copies of this document, and certain
other related documents that might be available electronically, from
the EPA Internet Home Page at http://www.epa.gov/. On the Home Page
select ``Laws and Regulations,'' ``Regulations and Proposed Rules,''
and then look up the entry for this document under the ``Federal
Register--Environmental Documents.'' You can also go directly to the
Federal Register listings at http://www.epa.gov/fedrgstr/.
B. In person
The Agency has established an official record for this action under
docket control number OPPTS-50639A. 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
[[Page 69891]]
Nonconfidential Information Center, North East Mall Rm. B-607,
Waterside Mall, 401 M St., SW., Washington, DC. The Center is open from
noon to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Center is (202) 260-7099.
III. How and to Whom Do I Submit Comments?
As described in Unit I.C. of the proposed rule published in the
Federal Register of October 18, 2000 (65 FR 62319) (FRL-6745-5), you
may submit your comments through the mail, in person, or
electronically. Please follow the instructions that are provided in the
proposed rule. Please follow the instructions in Unit I.D. of the
proposed rule to submit any information that you consider to be CBI. Do
not submit any information electronically that you consider to be CBI.
To ensure proper receipt by EPA, be sure to identify docket control
number OPPTS-50639A in the subject line on the first page of your
response.
IV. What Action is EPA Taking?
EPA is extending the comment period for the proposed SNUR on PFOS
by 45 days, from November 17, 2000 until January 1, 2001. This proposed
rule would require manufacturers and importers to notify EPA at least
90 days before commencing the manufacture or import of 90 PFOS chemical
substances for the significant new uses described in the proposed rule.
As stated in Unit VII. of the proposed rule, EPA believes that the
intent of TSCA section 5(a)(1)(B) is best served by designating a use
as a significant new use as of the proposal date of the SNUR, rather
than as of the effective date of the final rule. If uses begun after
publication of the proposed SNUR were considered to be ongoing, rather
than new, it would be difficult for EPA to establish SNUR notice
requirements, because any person could defeat the SNUR by initiating
the proposed significant new use before the rule became final, and then
argue that the use was ongoing.
Persons who begin commercial manufacture or import of PFOS for the
significant new uses listed in the proposed SNUR after the proposal has
been published would be subject to the requirements of the SNUR when
and if the rule goes final, and would have to stop that activity unless
it meets the requirements of the final SNUR. Persons who ceased those
activities will have to meet all SNUR notice requirements and wait
until the end of the notice review period, including all extensions,
before engaging in any activities designated as significant new uses.
If, however, persons who begin commercial manufacture or import of
these chemical substances between the proposal and the effective date
of the SNUR meet the conditions of advance compliance as codified at 40
CFR 721.45(h), those persons will be considered to have met the final
SNUR requirements for those activities.
V. What is the Agency's Authority for Taking this Action?
EPA proposed this SNUR pursuant to its authority under section
5(a)(2) of TSCA.
VI. Do Any Regulatory Assessment Requirements Apply to this Action?
No. This action is not a rulemaking, it merely extends the date by
which public comments must be submitted to EPA on a proposed rule that
previously published in the Federal Register. For information about the
applicability of the regulatory assessment requirements to the proposed
rule, please refer to the discussion in Unit XI. of that document (65
FR 62319, 62330).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous materials,
Recordkeeping and reporting requirements.
Dated: November 15, 2000.
Charles M. Auer,
Director, Chemical Control Division.
[FR Doc. 00-29782 Filed 11-16-00; 3:44 pm]
BILLING CODE 6560-50-S