2040-AF93 201910 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2040 Office of Water OW 2000 Environmental Protection Agency EPA Regulatory Determinations for Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfate (PFOS)

The Safe Drinking Water Act (SDWA) requires the U.S. Environmental Protection Agency (EPA) to make regulatory determinations on at least five contaminants on the Contaminant Candidate List (CCL). The CCL is a list of contaminants that are currently not subject to any proposed or promulgated national primary drinking water regulations, but are known or anticipated to occur in public water systems. The fourth CCL (CCL 4), published in November 2016, includes 97 chemicals and 12 microbial contaminants. It includes, among others, chemicals used in commerce, pesticides, biological toxins, disinfection byproducts, pharmaceuticals and waterborne pathogens. Two contaminants included on CCL 4 are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). The EPA intends to make preliminary regulatory determinations for PFOA and PFOS and other CCL4 contaminants by the end of 2019. Proposing a regulatory determination is the next step in the maximum contaminant level (MCL) rulemaking process under the Safe Drinking Water Act; it enables the EPA to propose and solicit comment on information critical to regulatory decision making towards protecting public health and communities across the nation.

]]> Other Significant Previously Published in The Unified Agenda Prerule Stage No No Other None 42 U.S.C. 300f et seq., Safe Drinking Water Act Statutory Final 01/04/2021 Under Safe Drinking Water Act. See additional information below for complete legal description. Yes

The 1996 Safe Drinking Water Act Amendments require that every five years the U.S. Environmental Protection Agency (EPA) makes determinations of whether to regulate no fewer than five contaminants included on the Contaminant Candidate List (CCL). The EPA is preparing its 4th regulatory determination. Addressing public health concerns related to per-and polyfluoroalkyl substances (PFAS) is a priority for the EPA. As stated in the PFAS Action Plan, the EPA is committed to making a regulatory determination for two PFAS, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), two of the most studied PFAS substances. Proposing a regulatory determination is the next step in the maximum contaminant level (MCL) rulemaking process under the Safe Drinking Water Act; it enables the EPA to propose and solicit comment on information critical to regulatory decision making towards protecting public health and communities across the nation.

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The preliminary regulatory determination will be published pursuant to section 1412(b)(1)(B)(ii) of the 1996 SDWA, 42 U.S.C. 300g-1(b)(1)B)(ii).

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None anticipated.

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None anticipated.

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The EPA will evaluate potential human health risks in the draft regulatory determinations.

]]> Notice 12/00/2019 Publication of the final determinations by January 2021. (SDWA requires that regulatory determinations be made every 5 years. SDWA, section 1412(b)(1)(B)(ii)). The last determination (RD3) was published in January 2016. No No None No No No No Richard Weisman 2040 Office of Water OW 202 564-2822 weisman.richard@epa.gov Mail Code 4607M, 1200 Pennsylvania Avenue NW, Washington DC 20460 Austin Heinrich 2040 Office of Water OW 202 564-6723 heinrich.austin@epa.gov 1200 Pennsylvania Avenue NW, Mail Code 4607M, Washington DC 20460