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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.

Overall Description of Deadline: See additional information below for complete legal description.

Statement of Need:

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.

Summary of the Legal Basis:

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).

Alternatives:

None anticipated.

Anticipated Costs and Benefits:

None anticipated.

Risks:

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