Environmental Protection Agency November 8, 2019 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is announcing a 45- day public comment period associated with release of the Systematic Review Protocol for the perfluorodecanoic acid (PFDA), perfluorononanoic acid (PFNA), perfluorohexanoic acid (PFHxA), perfluorohexanesulfonate (PFHxS), and perfluorobutanoic acid (PFBA) Integrated Risk Information System (IRIS) assessments. This protocol document presents the methods for conducting the systematic reviews and dose response analyses for these assessments as well as summarizes the Agency's problem formulation activities. Public input will help to inform the subsequent development of draft assessments for these per- and polyfluoroalkyl substances (PFAS) chemicals.

The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add five sites to the General Superfund section of the NPL.

In response to a recent federal circuit court decision, EPA is proposing revisions to existing and proposed substantiation requirements for certain confidential business information (CBI) claims made under the Toxic Substances Control Act (TSCA). Specifically, EPA is proposing two additional questions that manufacturers and processors would be required to answer to substantiate certain CBI claims for specific chemical identities; and is proposing procedures for manufacturers and processors to use in amending certain previously- submitted substantiations to include responses to the additional questions. These proposed revisions supplement the proposed rule issued in the Federal Register of April 23, 2019, and would amend the TSCA Inventory Notification (Active-Inactive) Requirements rule promulgated in the Federal Register of August 11, 2017.