EPA to Regulate PFOA and PFOS Under SDWA

EPA to Proceed with Developing Regulations for PFOA and PFOS

Earlier today (February 20, 2020), the Environmental Protection Agency (EPA) posted its preliminary regulatory determination for eight unregulated contaminants on the Candidate Contaminant List 4 (CCL4).  A copy of the pre-publication Federal Register notice is enclosed.          (ccl_reg_det_4_preliminary_)Once the enclosed document is published in the Federal Register, there will be a 60-day public comment period.

According to the enclosed document:

  1. EPA will proceed to develop regulations for: PFOS and PFOA.
  2. EPA will not regulate the following: 1,1- dichloroethane, acetochlor, methyl bromide (bromomethane), metolachlor, nitrobenzene, and RDX.

In the enclosed document, EPA also presents updated information on three other CCL4 contaminants: strontium, 1,4-dioxane, and 1,2,3-trichloropropane.

Background

Under the Safe Drinking Water Act (SDWA) Amendments of 1996, every five years EPA is to make a Regulatory Determination (a decision whether or not to proceed with developing a drinking water regulation) for at least five constituents from Candidate Contaminant Lists (CCL). In December 2019 EPA submitted the enclosed Regulatory Determination for constituents on the CCL4 to the Office of Management and Budget.