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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations Ruedy, Data Gathering and Analysis Division, Mail Code 7410M, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
204600001; telephone number: 202
5647974; email address: ruedy.daniel@
epa.gov.
For general information contact: The Emergency Planning and Community Right-to-Know Act Hotline; telephone numbers: Toll free at 800 4249346
select menu option 3 or 703 348
5070 in the Washington, DC Area and International; or go to https
www.epa.gov/home/epa-hotlines.
SUPPLEMENTARY INFORMATION:
I. General Information
khammond on DSKJM1Z7X2PROD with RULES

A. Does this action apply to me?
You may be potentially affected by this action if you manufacture, process, or otherwise use any of the PFAS listed in this rule. The following list of North American Industry Classification System NAICS codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this action applies to them. Potentially affected entities may include:
Facilities included in the following NAICS manufacturing codes corresponding to Standard Industrial Classification SIC codes 20 through 39: 311, 312, 313, 314, 315, 316, 321, 322, 323, 324, 325, 326, 327, 331, 332, 333, 334, 335, 336, 337, 339, 111998, 211130, 212324, 212325, 212393, 212399, 488390, 511110, 511120, 511130, 511140, 511191, 511199, 512230, 512250, 519130, 541713, 541715 or 811490.
Exceptions and/or limitations exist for these NAICS codes.
Facilities included in the following NAICS codes corresponding to SIC
codes other than SIC codes 20 through 39: 212111, 212112, 212113
corresponds to SIC code 12, Coal Mining except 1241; or 212221, 212222, 212230, 212299 corresponds to SIC code 10, Metal Mining except 1011, 1081, and 1094; or 221111, 221112, 221113, 221118, 221121, 221122, 221330 limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in
commerce corresponds to SIC codes 4911, 4931, and 4939, Electric Utilities;
or 424690, 425110, 425120 limited to facilities previously classified in SIC
code 5169, Chemicals and Allied Products, Not Elsewhere Classified; or 424710 corresponds to SIC code 5171, Petroleum Bulk Terminals and Plants;
or 562112 limited to facilities primarily engaged in solvent recovery services on a contract or fee basis previously classified under SIC code 7389, Business Services, NEC; or 562211, 562212, 562213, 562219, 562920
limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.
corresponds to SIC code 4953, Refuse Systems.
Federal facilities.
A more detailed description of the types of facilities covered by the NAICS
codes subject to reporting under EPCRA
section 313 can be found at: https
www.epa.gov/toxics-release-inventorytri-program/tri-covered-industry-sectors.
To determine whether your facility would be affected by this action, you should carefully examine the applicability criteria in part 372, subpart B of title 40 of the Code of Federal Regulations. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. What action is the Agency taking?
EPA is codifying in the CFR the three PFAS that were added to the EPCRA
section 313 list of reportable chemicals more commonly known as the Toxics Release Inventory TRI pursuant to the FY2020 NDAA.
C. What is the Agencys authority for taking this action?
This action is issued under the authority of section 313 of the Emergency Planning and Community Right-to-Know Act EPCRA 42 U.S.C.
11001 et seq., section 6607 of the Pollution Prevention Act PPA 42
U.S.C. 13106, and section 7321 of the National Defense Authorization Act for Fiscal Year 2020 FY2020 NDAA Pub.
L. 11692, https www.congress.gov/
public-laws/116th-congress.

29699

II. Background On December 20, 2019 the FY2020
NDAA was signed into law. Among other provisions, section 7321c identifies certain regulatory activities that automatically add PFAS or classes of PFAS to the EPCRA section 313 list of reportable chemicals. Specifically, PFAS or classes of PFAS are added to the EPCRA section 313 list of reportable chemicals beginning January 1 of the calendar year after any one of the following dates:
Final Toxicity Value. The date on which the Administrator finalizes a toxicity value for the PFAS or class of PFAS;
Significant New Use Rule. The date on which the Administrator makes a covered determination for the PFAS or class of PFAS;
Addition to Existing Significant New Use Rule. The date on which the PFAS or class of PFAS is added to a list of substances covered by a covered determination;
Addition as an Active Chemical Substance. The date on which the PFAS
or class of PFAS to which a covered determination applies is:
1 Added to the list published under section 8b1 of the Toxic Substances Control Act TSCA 15 U.S.C. 2601 et seq. and designated as an active chemical substance under TSCA section 8b5A; or 2 Designated as an active chemical substance under TSCA section 8b5B
on the list published under TSCA
section 8b1.
The FY2020 NDAA defines covered determination as a determination made by rule under TSCA section 5a2 that a use of a PFAS or class of PFAS is a significant new use except such a determination made in connection with a determination described in TSCA
sections 5a3B or 5a3C.
EPA has reviewed the above-listed criteria and found three chemicals that meet the requirements of this part of the FY2020 NDAA and whose identity is not confidential business information CBI.

Chemical name/CAS No.

Triggering action
Perfluorooctyl iodide 507631

Addition to Existing Significant New Use Rule see 85 FR 45109, July 27, 2020 FRL1001044.
Addition to Existing Significant New Use Rule see 85 FR 45109, July 27, 2020 FRL1001044.
Addition to Existing Significant New Use Rule see 85 FR 45109, July 27, 2020 FRL1001044.

Potassium perfluorooctanoate 2395008
SilverI perfluorooctanoate 335933

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