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Statement of Need:

PFOA and PFOS compounds in the environment are a continuing concern for the federal government, states, tribes, and local communities. The EPA is leading efforts with our federal, state, tribal, and community partners to better characterize risks related to the presence of PFAS in the environment, including using CERCLA and other authorities, as appropriate, to investigate sites when needed.

Summary of the Legal Basis:

CERCLA section 102(a) allows the Administrator to promulgate regulations designating as hazardous substances those substances that, when released into the environment, may present a substantial danger to public health or welfare or the environment.

Alternatives:

The EPA determined that CERCLA section 102(a) to be the most viable alternative for this effort.

Anticipated Costs and Benefits:

Direct costs associated with this action are limited to reporting under CERCLA to the National Response Center (NRC) and under the Emergency Planning and Community Right to Know Act (EPCRA) to the state and local authorities a release of PFOA or PFOS that meets or exceeds the reportable quantity of one pound in a 24-hour period. Due to uncertainty surrounding the number of annual releases, the EPA is estimating both lower bound and upper bound cost estimate scenarios. Reporting does not trigger an obligation of the EPA (or anyone else) to conduct a response action. Response actions are discretionary and would be the result of site-specific decisions made after a release or threatened release of a hazardous substance. Because response actions (and any associated costs or benefits) are contingent upon a series of separate discretionary and sequential actions, they do not arise directly from the act of designating PFOA and PFOS as hazardous substances. The Regulatory Impact Analysis for this action will contain a qualitative discussion of the costs and benefits.

Risks:

The direct impacts of this proposed rule are limited to reporting releases of hazardous substances. Identifying contaminated sites could potentially result in decisions to investigate and/or respond to a release, which could reduce harm or risk to human health, welfare, and the environment. Reporting does not trigger an obligation of the EPA (or anyone else) to conduct a response action. Response actions are discretionary and would be the result of site-specific decisions made after a release or threatened release of a hazardous substance. Because response actions (and any associated costs or benefits) are contingent upon a series of separate discretionary and sequential actions, they do not arise directly from the act of designating PFOA and PFOS as hazardous substances.