On February 20, 2020, the U.S. Environmental Protection Agency proposed regulatory determination for PFOA and PFOS in drinking water. A regulatory determination is the first step towards rulemaking by the EPA for drinking water regulation. This formal action followed more than ten years of study of PFOA and PFOS by the EPA. Typically, the regulatory determination process takes several years. During this period, the EPA will seek public comment on its proposed regulatory determinations for PFOA and PFOS. The EPA will seek comments on these preliminary determinations for 60 days after the notice is published in the Federal Register. For additional information on the notice, click here.
The EPA's PFOS action plan is the first multi-media, multi-program, national research, management, communication plan to address PFOS. Specifically, in following the national primary drinking water regulation rulemaking process under the Safe Drinking Water Act, the actions of the agency on February 20, 2020 was to issue preliminary determination to regulate PFOA and PFOS. The EPA is gathering and evaluating information to determine if regulation is appropriate for other chemicals in the PFOS family. The EPA is also in the early scoping stages of risk assessments for PFOA and PFOS and biosolids, as well as exploring human health and aquatic life criteria under the Clean Water Act and information about PFOS released into surface waters by industrial sources.
For more information, contact any member of Baker Donelson's Environmental Group.