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EPA/OLEM RIN: 2050-AH09 Publication ID: Fall 2023 
Title: Designating PFOA and PFOS as CERCLA Hazardous Substances 

Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA” or “Superfund”), the Environmental Protection Agency (EPA or the Agency) is moving to finalize the designation of perfluorooctanoic acid (PFOA) and perfluoro octane sulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances. CERCLA authorizes the Administrator to promulgate regulations designating as hazardous substances such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment. Such a designation would ultimately facilitate cleanup of contaminated sites and reduce human exposure to these “forever” chemicals.

Agency: Environmental Protection Agency(EPA)  Priority: Section 3(f)(1) Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 40 CFR 302   
Legal Authority: 42 U.S.C. 9602   
Legal Deadline:  None

Statement of Need: Designating PFOA and PFOS as CERCLA hazardous substances will require reporting of releases of PFOA and PFOS that meet or exceed the reportable quantity assigned to these substances. This will enable Federal, State, Tribal and local authorities to collect information regarding the location and extent of releases.

Summary of the Legal Basis: No aspect of this action is required by statute or court order.

Alternatives: The Agency identified through the 2019 PFAS Action Plan that one of the goals was to designate PFOA and PFOS as hazardous substances. EPA determined that we have enough information to propose this designation.

Anticipated Costs and Benefits: The EPA is analyzing the potential costs and benefits associated with this action with respect to the reporting of any release of the subject hazardous substances to the Federal, State, and local authorities. Currently EPA expects to estimate lower and upper-bound reporting cost scenarios.

Risks: This is a reporting rule and will enable Federal, State, Tribal and local authorities to collect information regarding the location and extent of releases.

Action Date FR Cite
NPRM  09/06/2022  87 FR 54415   
NPRM Comment Period End  11/07/2022 
Final Rule  03/00/2024 
Additional Information: .
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: Yes 
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