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EPA/OLEM RIN: 2050-AH09 Publication ID: Spring 2020 
Title: Designating PFOA and PFOS as CERCLA Hazardous Substances 

On February 14, 2019, EPA issued a PFAS Action Plan, which responded to extensive public interest and input the agency had received and represented the first time EPA has built a multi-media, multi-program, national communication and research plan to address an emerging environmental challenge like PFAS. This Plan was updated on February 26, 2020. EPA's Action Plan identified both short-term solutions for addressing these chemicals and long-term strategies that may provide the tools and technologies states, tribes, and local communities requested to provide clean and safe drinking water to their residents and to address PFAS at the source before it gets into the water. This rulemaking effort, to designate PFOA and PFOS as CERCLA hazardous substances, was one of several actions mentioned in the PFAS Action Plan. Designating PFOA and PFOS as CERCLA hazardous substances would require reporting of releases of PFOA and PFOS that meet or exceed the reportable quantity assigned to these substances. This may enable federal, state, tribal and local authorities to collect information regarding the location and extent of releases.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 302   
Legal Authority: 42 U.S.C. 9602   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/00/2020 
Final Rule  To Be Determined 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 314110 Carpet and Rug Mills; 322121 Paper (except Newsprint) Mills; 322130 Paperboard Mills; 324110 Petroleum Refineries; 325510 Paint and Coating Manufacturing; 325992 Photographic Film, Paper, Plate, and Chemical Manufacturing; 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing; 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring; 424710 Petroleum Bulk Stations and Terminals; 488119 Other Airport Operations; 562212 Solid Waste Landfill; 811192 Car Washes; 922160 Fire Protection 
RIN Data Printed in the FR: No 
Agency Contact:
Michelle Schutz
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 603-8708

Terry Jeng
Environmental Protection Agency
Office of Land and Emergency Management
5204P, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 603-8852