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EPA/OLEM RIN: 2050-AH09 Publication ID: Spring 2019 
Title: ●Listing Per- and Polyfluoroalkyl Substances (PFAS) as a CERCLA Hazardous Substance 
Abstract:

In May 2018, the Environmental Protection Agency (EPA) held a two-day National Leadership Summit ("Summit") on per- and polyfluoroalkyl substances (PFAS). The EPA announced that the Agency would begin the necessary steps to propose designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as "hazardous substances" through one of the available statutory mechanisms, including potentially under section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, commonly known as Superfund, provides the Federal Government with the authority to respond to releases or threatened releases of hazardous substances, and to releases or threatened releases of pollutants or contaminants that may present an imminent and substantial danger to public health or welfare. CERCLA also provides EPA with enforcement authority and establishes liability for releases or threatened releases of hazardous substances. Listing PFAS as CERCLA "hazardous substances" will expand EPA's response and enforcement authorities for PFAS releases, along with CERCLA liability for such releases. On February 14, 2019, EPA's Acting Administrator Andrew Wheeler announced EPA's PFAS Action Plan, which responds to extensive public interest and input the agency has received over the past year and represents the first time EPA has built a multi-media, multi-program, national communication and research plan to address an emerging environmental challenge like PFAS. EPA's Action Plan identifies both short-term solutions for addressing these chemicals and long-term strategies that will help provide the tools and technologies States, Tribes, and local communities need to provide clean and safe drinking water to their residents and to address PFAS at the source--even before it gets into the water. This rulemaking effort is one of the actions mentioned in the PFAS Action Plan.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Regulatory 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Michelle Schutz
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 603-8708
Email: schutz.michelle@epa.gov

Terry Jeng
Environmental Protection Agency
Office of Land and Emergency Management
5204P, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 603-8852
Email: jeng.terry@epa.gov