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

Forms and Documents

Document	Type	Status	Availability
2708ssa02.docx	Supporting Statement A	Uploaded 2024-08-02	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
255753	Designation of PFOA and PFOS as CERCLA Hazardous Substances		Modified

ICR Details

OMB Control No: 2050-0227	ICR Reference No: 202408-2050-001
Status: Received in OIRA	Previous ICR Reference No: 202209-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2708.02
Title: Designation of Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances (Final 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: 08/02/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	614	0
Time Burden (Hours)	6,889	0
Cost Burden (Dollars)	584,714	0

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Abstract: 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.

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Authorizing Statute(s): 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)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AH09	Final or interim final rulemaking	89 FR 39124	05/08/2024

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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	614	0	0	614	0	0
Annual Time Burden (Hours)	6,889	0	0	6,889	0	0
Annual Cost Burden (Dollars)	584,714	0	0	584,714	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: 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.

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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: 08/02/2024

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