OMB Concludes Review of Proposed PFAS MCLs

The website for the Office of Management and Budget (OMB) indicates that EPA’s proposed Maximum Contaminant Levels (MCLs) for PFOA and PFOS are no longer under OMB review. EPA should be able to propose the MCLs (unless OMB has identified major problems or concerns in the proposal that EPA needs to address).

Both PFOA and PFOS were on EPA’s Contaminant Candidate List 4 (CCL4). EPA published a Regulatory Determination to set MCLs for PFOA and PFOS in the March 3, 2021 Federal Register. EPA’s formal decision to regulate PFOA and PFOS triggered a Safe Drinking Water Act requirement to publish the proposed MCLs within 24 months (and publish final MCLs 18 months after that). That meant EPA was to publish the proposed MCLs by March 3, 2023 (i.e., this past Friday). On October 6, 2022 EPA submitted the proposed MCLs to OMB for review.