On February 20, 2020, the U.S. Environmental Protection Agency (EPA) announced its preliminary determination to regulate perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The preliminary determination marks an important step in setting maximum contaminant levels (MCL) for PFOS and PFOA.
EPA’s preliminary regulatory determination is required by the Safe Drinking Water Act (SDWA). Under the SDWA, EPA must publish a list of contaminants, the Contaminant Candidate List (CCL), that are not subject to an MCL every five years.1 EPA must then decide whether to regulate at least five of the contaminants on the CCL.2 To make a determination to regulate (i.e., a positive determination), EPA must find that: (1) consumption of the contaminant may result in adverse health effects; (2) the contaminant has been found in public water systems with a frequency and at levels to raise public health concerns; and (3) regulation of the contaminant presents a meaningful opportunity to reduce associated health risks.3
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