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EPA/OW RIN: 2040-AF93 Publication ID: Spring 2020 
Title: Regulatory Determinations for Contaminants including Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) 

The Safe Drinking Water Act (SDWA) requires the EPA to make regulatory determinations on at least five contaminants on the Contaminant Candidate List (CCL) every five years. 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. A regulatory determination is a decision about whether or not to begin the process to propose and promulgate a national primary drinking water regulation for an unregulated contaminant. A preliminary regulatory determination presents EPA’s supporting rationale about whether the specific statutory criteria for regulating a contaminant have been met. On March 10, 2020, the EPA published a notice which proposed to make positive regulatory determinations for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and to make negative determinations for six contaminants (1,1-dichloroethane, acetochlor, methyl bromide, metolachlor, nitrobenzene, and RDX). The notice also presents an update on three other contaminants (strontium, 1,4-dioxane, and 1,2,3-trichloropropane).Proposing a regulatory determination enables the public to provide the EPA with 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: Fully or Partially Exempt 
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  SDWA, section 1412(b)(1)(B)(ii)  01/04/2021 

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

Action Date FR Cite
Draft Notice  03/10/2020  85 FR 14098   
Final Notice  01/00/2021 
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: No 
RIN Data Printed in the FR: No 
Agency Contact:
Richard Weisman
Environmental Protection Agency
Office of Water
Mail Code 4607M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-2822

Austin Heinrich
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW, Mail Code 4607M,
Washington, DC 20460
Phone:202 564-6723