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EPA/OW RIN: 2040-AF93 Publication ID: Fall 2019 
Title: Regulatory Determinations for Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfate (PFOS) 
Abstract:

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.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: None     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 300f et seq., Safe Drinking Water Act   
Legal Deadline:
Action Source Description Date
Final  Statutory  Under Safe Drinking Water Act.  01/04/2021 

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.

Timetable:
Action Date FR Cite
Notice  12/00/2019 
Additional Information: 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.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Richard Weisman
Environmental Protection Agency
Office of Water
Mail Code 4607M,
Washington, DC 20460
Phone:202 564-2822
Email: weisman.richard@epa.gov

Austin Heinrich
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW, Mail Code 4607M,
Washington, DC 20460
Phone:202 564-6723
Email: heinrich.austin@epa.gov