Designation of
Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic Acid
(PFOS) as CERCLA Hazardous Substances (Final Rule)
New
collection (Request for a new OMB Control Number)
No
Regular
08/02/2024
Requested
Previously Approved
36 Months From Approved
614
0
6,889
0
584,714
0
Under Section 102(a) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), the EPA will designate PFOA and PFOS,
including their salts and structural isomers, as hazardous
substances. The designation of PFOA and PFOS as hazardous
substances will require any facility that identifies a release of
one pound or more within a 24-hour period of these substances,
including their associated salts and structural isomers, to report
the release to the National Response Center (NRC) under section 103
of CERCLA and to the state and local officials under section 304 of
Emergency Planning and Community Right-to Know Act (EPCRA). The
implementing regulations of CERCLA section 103 and EPCRA section
304 are codified at 40 CFR parts 302 and 355, respectively. In
addition, pursuant to Section 111(g) of CERCLA, an owner or
operator of a facility where a hazardous substance has been
released is required to provide reasonable notice to potential
injured parties by publication in local newspapers serving the
affected area. Furthermore, as required by CERCLA section 120(h),
when a federal agency sells or transfers federally owned real
property, the agency must provide notice of the presence of
hazardous substances and covenants regarding the remediation of
such hazardous substances in certain circumstances. The designation
will also place an obligation on DOT to list and regulate CERCLA
designated hazardous substances as hazardous materials under the
Hazardous Materials Transportation Act.
US Code:
42
USC 112(h) 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)
US Code:
42 USC 102(a), 102(b), 103(a), 111(g) Name of Law:
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA)
As described in this ICR, 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
6,889 annual burden hours and $1,632,000 in annual costs across all
respondents.
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:
(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;
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.
2708ssa02.docx
Designation of PFOA and PFOS as CERCLA Hazardous Substances