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EPA/OCSPP RIN: 2070-AJ99 Publication ID: Fall 2018 
Title: Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule 
Abstract:

EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances, and for perfluorooctanoic acid (PFOA) or its salts. On January 21, 2015, EPA proposed to amend a SNUR for LCPFAC chemical substances by designating as a significant new use manufacturing (including importing) or processing of an identified subset of LCPFAC chemical substances for any use that will not be ongoing after December 31, 2015, and all other LCPFAC chemicals substances for which there are currently no ongoing uses. EPA also proposed to make inapplicable the exemption for persons who import LCPFAC chemical substances as part of articles. In addition, the EPA proposed to amend a SNUR for perfluoroalkyl sulfonate (PFAS) chemical substances that would make inapplicable the exemption for persons who import PFAS chemical substances as part of carpets. Persons subject to these SNURs would be required to notify the EPA at least 90 days before commencing such manufacture or processing. The required notifications would initiate EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use would be unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination. EPA is issuing a supplemental proposal for part of a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances to make inapplicable the exemption for persons who import a subset of LCPFAC chemical substances as part of certain articles. This supplemental proposal is necessary in order to be responsive to the article consideration provision at section 5(a)(5), added with the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which states that articles can be subject to notification requirements as a significant new use provided that EPA makes an affirmative finding in a rule that there is reasonable potential for exposure to a chemical from an article or category of articles.

 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 40 CFR 721   
Legal Authority: 15 U.S.C. 2601 et seq., Toxic Substances Control Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/21/2015  80 FR 2885   
NPRM Comment Period Extended  03/16/2015  80 FR 13513   
Second NPRM  10/00/2018 
Final Rule  11/00/2019 
Additional Information: Docket #:EPA-HQ-OPPT-2013-0225. A summary of the recent amendments to TSCA is available at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/and-polyfluoroalkyl-substances-pfass-under-tsca   Public Comment URL: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2013-0225-0001  
Sectors Affected: 31311 Fiber, Yarn, and Thread Mills; 314110 Carpet and Rug Mills; 324110 Petroleum Refineries; 325 Chemical Manufacturing; 423220 Home Furnishing Merchant Wholesalers; 561740 Carpet and Upholstery Cleaning Services 
RIN Data Printed in the FR: No 
Agency Contact:
Tyler Lloyd
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7405M,
Washington, DC 20460
Phone:202 564-4016
Email: lloyd.tyler@epa.gov

Joel Wolf
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 564-2228
Fax:202 566-0471
Email: wolf.joel@epa.gov