Designation of Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances (Proposed Rule)

Forms and Documents

Document Name	Status
2708ss01.docx Supporting Statement A	2022-09-07

IC Document Collections

IC ID	Document Title	Status
255753	Designation of PFOA and PFOS as CERCLA Hazardous Substances	New

ICR Details

OMB Control No:	ICR Reference No: 202209-2050-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2708.01
Title: Designation of Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/07/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	660	0
Time Burden (Hours)	6,415	0
Cost Burden (Dollars)	3,503	0

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Abstract: Section 102(a) of CERCLA authorizes EPA to promulgate regulations designating as a hazardous substance any element, compound, mixture, solution, or substance which, when released into the environment, may present substantial danger to public health or welfare or the environment. Section 102(b) of CERCLA establishes RQs for releases of hazardous substances at one pound, except those substances for which RQs were established pursuant to section 311(b)(4) of the Clean Water Act (CWA). Section 103(a) of CERCLA requires the person in charge of a facility or vessel to immediately notify the NRC of a hazardous substance release if the release quantity equals or exceeds the substances RQ. In addition to the release reporting requirements of CERCLA section 103, section 304 of EPCRA requires owners and operators of facilities to immediately notify the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) when there is a release of an extremely hazardous substance (EHS), as defined under EPCRA section 302, or of a CERCLA hazardous substance in an amount equal to or greater than the RQ for that substance within a 24-hour period. Section 304 also requires facilities to submit a follow-up written report providing additional information on the release, its impacts, and any actions taken in response. This rulemaking is proposing to designate PFOA and PFOS as hazardous substances under CERCLA section 102 with a reportable quantity (RQ) of one pound. Upon designation of these substances under CERCLA section 102, any facility that identifies a release of PFOA or PFOS including their associated salts and precursor substances at one pound or more within a 24-hour period, must report the release to the National Response Center (NRC) as required under section 103 of CERCLA and report to the SERC and LEPC as required under section 304 of EPCRA.

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Authorizing Statute(s): US Code: 42 USC 102(b) Name of Law: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
   US Code: 42 USC 102(a) Name of Law: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
   US Code: 42 USC 102(c) Name of Law: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
   US Code: 42 USC 304 Name of Law: Emergency Planning and Community Right-to Know Act (EPCRA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AH09	Proposed rulemaking	87 FR 54415	09/06/2022

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Designation of PFOA and PFOS as CERCLA Hazardous Substances

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	660	0	0	660	0	0
Annual Time Burden (Hours)	6,415	0	0	6,415	0	0
Annual Cost Burden (Dollars)	3,503	0	0	3,503	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: EPA expects that the designation of PFOA and PFOS as hazardous substances under Section 102(a) of CERCLA would require any facility that identifies a release of one pound or more of PFOA or PFOS within a 24-hour period to report the release to the NRC, SERC, and LEPC. EPA estimates that this requirement will result in 6,415 annual burden hours and $366,000 in annual costs across all respondents.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/07/2022

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