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EPA/OLEM RIN: 2050-AH25 Publication ID: Fall 2021 
Title: ●PFAS-Related Designations as CERCLA Hazardous Substances 

On February 14, 2019, the Environmental Protection Agency (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. The 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. The designation of PFOA and PFOS as CERCLA hazardous substances was one of several actions mentioned in the PFAS Action Plan. The EPA is undertaking a rulemaking effort to designate PFOA and PFOS as CERCLA hazardous substances.

The EPA is considering an Advance Notice of Proposed Rulemaking in which the Agency will seek public input on further PFAS-related designations under CERCLA. As examples, the Agency may request input regarding the potential hazardous substance designation of precursors to PFOA and PFOS; hazardous substance designation of additional PFAS; and designation, or designations of classes or sub-classes of PFAS as hazardous substances.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 302   
Legal Authority: 42 U.S.C. 9602   
Legal Deadline:  None
Action Date FR Cite
ANPRM  06/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
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