EO12866_PFOA-PFOS Designation 2050-AH09 Propose EA_20190920



ASSESSMENT OF THE POTENTIAL COSTS AND OTHER IMPACTS OF THE PROPOSED RULEMAKING TO DESIGNATE PERFLUOROOCTANOIC ACID (PFOA) AND PERFLUOROOCTANESULFONIC ACID (PFOS) AS HAZARDOUS SUBSTANCES



                                       
                    Office of Land and Emergency Management
        U.S. Environmental Protection Agency, 1200 Pennsylvania Ave NW,
                             Washington, DC 20460
                                       
                                       
                                       
                                       
                                       
                                       
                                 January 2022





                     [This page intentionally left blank.]
















ACRONYMS AND TERMS
AFFF 		 -  	Aqueous Film Forming Foams
CERCLA 	 -  	Comprehensive Environmental Response, Compensation, and Liability Act of 1980
CFR 		 -  	Code of Federal Regulations
CWA 		 -  	Clean Water Act
DOT 		 -  	United States Department of Transportation
EPA 		 -  	United States Environmental Protection Agency
EPCRA		 - 	Emergency Planning and Community Right-to-Know Act of 1986
FTOH		 -  	Fluorotelomer Alcohol
HAL 		 -  	Health Advisory Limit
 LEPC		 - 	Local Emergency Planning Committee 
NAICS 		 -  	North American Industry Classification System
NRC 		 -  	National Response Center 
OIRA 		 -  	Office of Information and Regulatory Affairs
OMB 		 -  	United States Office of Management and Budget
PFAS 		 -  	Per- and Polyfluoroalkyl Substances
PFOA 		 -  	Perfluorooctanoic Acid 
PFOS 		 -  	Perfluorooctanesulfonic Acid
RCRA 		 -  	Resource Conservation and Recovery Act
RFA 		 -  	Regulatory Flexibility Act
RQ		 - 	Reportable Quantity
SBA 		 -  	United States Small Business Administration
SBREFA 	 -  	Small Business Regulatory Enforcement Fairness Act of 1996
 SERC		 -  	State Emergency Response Commission 
SISNOSE 	 -  	Significant Impact on a Substantial Number of Small Entities
TEPC                 -             Tribal Emergency Planning Committee
TERC                 -            Tribal Emergency Response Commission
UMRA 		 -  	Unfunded Mandates Reform Act
WWTPs 	 -  	Wastewater Treatment Plants



TABLE OF CONTENTS
EXECUTIVE SUMMARY	4
ES-1 Introduction	4
ES-2 Universe of Entities that have Historically used PFOA and PFOS	5
ES-3 Compliance Costs and Benefits	7
ES-4 Statutory and Executive Order Analyses	8
CHAPTER 1.  INTRODUCTION	13
1.1  Background	13
1.2  Need for Regulatory Action	14
1.3  Summary of the Proposed Rule	15
1.4  Scope of Analysis	15
1.5  Report Organization	16
CHAPTER 2.  UNIVERSE OF ENTITIES THAT HAVE HISTORICALLY USED PFOA AND PFOS	17
2.1  Types of Entities Potentially Affected by the Proposed Regulations	19
2.1.1 Importers and Manufacturers of PFOA and PFOS	19
2.1.2 Users of PFOA and PFOS	19
2.1.3  Waste Management Facilities	20
2.2  Baseline Regulations affecting PFOA and PFOS and associated Facilities and Systems	21
CHAPTER 3.  COMPLIANCE COSTS AND BENEFITS	27
3.1  Notification Costs per Release	27
3.2  Number of Annual Notifications	28
3.3  Total Annual Notification Costs	29
3.4  Other Costs	30
3.5  Qualitative Description of Benefits	30
3.6  Limited ability of this proposed rule to generate certain costs and benefits	31
CHAPTER 4.  ECONOMIC IMPACTS ANALYSES RESPONSIVE TO STATUTORY AND EXECUTIVE ORDERS	33
4.1  Energy Impact Analysis	33
4.2   Regulatory Flexibility Analysis	34
4.2.1  Associated Cost of Proposed Rule	34
4.2.2  Revenues of Impacted Small Entities	35
4.2.3  Resulting Impact of Proposed Rule on Small Entities	38
4.3  Impacts on Minority and Low-Income Populations: Analysis	38
4.3.1  Introduction	38
4.3.2  Demographic Analysis	39
4.3.3  Analytic Limitations	43
4.3.4  Supplementary and Sensitivity Analyses	44
4.4  Impacts on Children's Health Analysis	46
4.5  Regulatory Planning and Review	47
4.6  Unfunded Mandates Analysis	47
4.7  Federalism Analysis	48
4.8  Tribal Government Analysis	48
4.9  Employment Impacts	48
SOURCES CITED	50















                               EXECUTIVE SUMMARY
ES-1 Introduction
Background
Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) are synthetic chemicals that are resistant to heat, water, and oil. For decades, they have been used in hundreds of industrial applications and consumer products such as carpeting, apparel, upholstery, food paper wrapping, firefighting foam, and metal plating. In recent years the use of PFOA and PFOS in producing these materials has greatly declined. Although some uses of PFOS are still ongoing (see 40 CFR §721.9582), the usage of PFOA and PFOS chemicals in the United States is relatively low. PFOA and PFOS are part of a large group of human-made, fluorinated, organic chemicals called Per- and Polyfluoroalkyl Substances (PFAS).
Need for Regulatory Action
Designating PFOA and PFOS as CERCLA hazardous substances furthers CERCLA's primary goal of protecting public health and welfare and the environment through a variety of means. It improves the quality of information available and a more comprehensive understanding of the number and locations of PFOA and PFOS releases meeting or exceeding the reportable quantity (RQ). It will also signal to the market that there is value in the prevention of releases due to the burden in reporting. The reporting of a release could also potentially accelerate privately financed voluntary cleanups. 
Summary of Proposed Rule
Under Section 102(a) of CERCLA, the EPA is proposing to designate PFOA and PFOS, including their salts and structural isomers, as hazardous substances. The proposal to designate PFOA and PFOS including their structural isomers and salts, as hazardous substances relate to the following CERCLA requirements: 
Report to the National Response Center (NRC) when releases occur in amounts equal to or greater than their reportable quantity of one pound or more, as required under CERCLA section 103; and
For such releases, notify the State Emergency Response Commissions (SERC) (or Tribal Emergency Response Commission (TERC)) and Local Emergency Planning Committee (LEPC) (or Tribal Emergency Planning Committee (TEPC)) of the release and prepare and submit a written follow-up notice, as required for CERCLA hazardous substances under EPCRA section 304; and
When federal agencies sell or transfer real property to any other person or entity, they must provide notice of the presence of hazardous substances in certain circumstances as required by CERCLA section 120(h).
ES-2 Universe of Entities that have Historically used PFOA and PFOS
Types of Entities Potentially Affected by the Proposed Regulations
PFOA and PFOS were two of the most extensively produced PFAS in the United States but were largely phased out of domestic production voluntarily after 2002. However, the chemicals are still produced internationally and can be imported into the United States for industrial uses or in articles and consumer goods such as leather, apparel, textiles, paper and packaging, coatings, rubber, and plastics. 
Building on the 2002 voluntary phase out, EPA has used the following mechanisms to restrict current uses of PFOS and PFOA:
 PFAS Significant New Use Rule (SNUR)  -  March/December 2002
 The PFOA Stewardship Program - 2010/2015
 PFAS Significant New Use Rule (SNUR) - 2013 
 PFAS Significant New Use Rule (SNUR)  -  2020
Under these regulatory and non-regulatory mechanisms, current PFOS uses are limited to anti-erosion additives in fire-resistant aviation hydraulic fluid; fume/mist suppression in metal finishing and plating; etching and plating uses, including mist suppression, in electronics manufacturing; a photomicrolithography process in semiconductor production; coatings on imaging materials; and as a chemical intermediate to produce substances for some of the aforementioned uses. Fewer definite limitations are in place regarding PFOA uses. Therefore, although PFOA has also been understood to decline significantly over the last two decades, the current usage and PFOA's specific uses are uncertain.
The three categories of entities potentially affected by the proposed regulation are: (1) producers and importers of PFOA and PFOS, (2) producers and users of PFOA- or PFOS-containing articles, and (3) waste management and treatment facilities. Across these three categories, there are at least 35 different sectors with known or suspected historical PFOA or PFOS production or use. 
Manufacture and import of both PFOS and PFOA has been phased out in the United States by the companies participating in the 2010/2015 PFOA Stewardship Program. PFOA may be manufactured, imported, and used by companies not participating in the PFOA Stewardship Program and some uses of PFOS are ongoing (see 40 CFR §721.9582). Many sectors are potential users of manufactured products that contain PFOA or PFOS. PFOA or PFOS have historically been a component of firefighting foams, surfactants, etching agents, stain- and water-resistant applications, car waxes, architectural coatings, and antistatic control. 
Wastewater treatment plants (WWTPs) may receive wastewater that contains PFOA or PFOS from a variety of sources, including industries that manufacture or use PFOA and PFOS, and PFOA- and PFOS- containing products. PFOA and PFOS are the most widely detected PFAS compounds in wastewater, and treatment units at conventional WWTPs. At present, WWTPs do not remove these compounds effectively. As a result, effluent discharged to receiving water bodies and WWTP sludge may contain PFOA and PFOS. WWTPs may dispose of sludge by incineration, which can destroy PFOA and PFOS, or WWTPs may send sludge to a landfill. Sludge also is commonly applied to land as a fertilizer or soil amendment.
Baseline Regulations affecting PFOA and PFOS and Associated Facilities and Systems
Although PFOA and PFOS are not currently designated as CERCLA hazardous substances, U.S. state governments have begun to develop regulatory structures and analytic approaches to identify, characterize, and address PFOA and PFOS contamination. In all, at least 29 states either have or currently are setting standards, screening levels, and guidance values for PFOA and PFOS (and sometimes other PFAS compounds). EPA found little to no documentation of PFAS on the websites of the remaining state environmental departments and departments of health. Based on EPA's review, these state standards would not offset any of the costs and benefits expected from this proposed rulemaking as states are not currently requiring entities to report releases to federal entities.

ES-3 Compliance Costs and Benefits
Cost Summary
The explicit reporting requirements associated with designation of PFOA and PFOS as hazardous substances include the requirement under CERCLA section 103(a) to notify the National Response Center (NRC) of a release above the RQ and the requirements under EPCRA section 304 to notify State Emergency Response Commissions (SERC) (or TERC) and Local Emergency Planning Committees (LEPC) (or TEPC) of a release and to prepare and submit a written follow-up notice. The total reporting cost for a facility submitting both telephone notifications and a written notification is estimated to be approximately $561.
The precise number of reportable releases of PFOA and PFOS is not known. In FY 2020 the NRC received approximately 23,807 total notifications of releases of all types of hazardous substances. Of all non-oil releases reported, hazardous substances containing multiple forms of ammonia or ammonium compounds accounted for the largest number of releases in 2020, 660 in total.
To estimate an upper bound of annual PFOA and PFOS release notifications, EPA adopts the number of reported releases of ammonia or ammonium compounds in 2020. To estimate a lower bound of annual PFOA and PFOS release notifications, EPA adopts a value of zero. This Regulatory Impact Analysis (RIA) estimates total annual notification costs for this action by multiplying this wide range of estimated annual PFOA and PFOS notifications nationally by the estimated cost of notification per site. Exhibit ES-1 summarizes the range of total annual notification. As the exhibit shows, total annual notification costs are an estimated $0 to $370,000.
                                 Exhibit ES-1
                   Estimated Total Annual Notification Costs
                              (adjusted to 2020$)
           Estimated Annual Number of Notification in United States
                     Estimated Notification Costs (Total)
                                    0 - 660
                                 $0 - $370,000

Benefit Summary
Qualitative benefits of this action include improved quality of information and a more comprehensive understanding of the number and location of sites with future releases of PFOA and PFOS which meet or exceed the RQ. Other direct benefits could include attention to better waste management and/or treatment practices for facilities handling PFOA or PFOS in an effort to avoid releases of these substances into the environment. Incentivizing the prevention of releases is expected to decrease potential threats to public health and welfare and the environment.
ES-4 Statutory and Executive Order Analyses
Regulatory Flexibility Analysis
For purposes of assessing the impacts of this rule on small entities, a small entity is defined as: (1) a small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR Part 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
To estimate the annual breakeven costs per facility (i.e., the facility-level cost that would indicate that the cost might be significant in this context), the analysis relies on three pieces of information for each industry: (1) average annual revenues per small entity, (2) average number of facilities per small entity, and (3) the target breakeven percentage of costs to revenues (either one percent or three percent).  
Exhibit ES-2 estimated breakeven costs per small entity (firm) and per facility, by industry.
Although the number of small entities in any sector that would be required to report as a result of the action under consideration by EPA is uncertain, the total per release cost of $561, when compared with the average revenues for small entities in key sectors affected by PFAS, does not come close to exceeding one percent of average small-entity revenues in any sector. Estimated annual breakeven costs per facility are lowest for Car Washes (NAICS 811192). For this sector, the smallest size class reported has a revenue average of $169,361. Even in this class, the per release cost of $561 represents less than one percent of revenues. Thus, EPA expects that the impact on any small entity would not be significant.
                                       
                                 Exhibit ES-2
               Breakeven Estimates for Annual Costs per Facility
Industry
                          NAICS Code and Description
                     Annual Revenues per Small Entity
[a]
               Average Number of Facilities per Small Entity
[b]
        Breakeven Annual Cost per Entity: 1% Threshold
[c = (1% x a)]
        Breakeven Annual Cost per 
Entity: 3% Threshold
[d = (3% x a)]
      Breakeven Annual Cost per Facility: 1% Threshold
[e = (1% x a)/b]
      Breakeven Annual Cost per 
Facility: 3% Threshold
[f = (3% x a)/b]
Aviation operations
488119 - Other Airport Operations
                                                                     $2,460,388
                                                                           1.11
                                                                       $24,604 
                                                                        $73,812
                                                                        $22,239
                                                                        $66,716
Carpet manufacturers
314110 - Carpet and Rug Mills
                                                                    $14,549,775
                                                                           1.09
                                                                      $145,498 
                                                                      $436,493 
                                                                       $133,806
                                                                       $401,418
Car washes
811192 - Car Washes
                                                                       $552,045
                                                                           1.07
                                                                         $5,520
                                                                       $16,561 
                                                                         $5,151
                                                                        $15,452
Chrome electroplating, anodizing, and etching 
332813 - Electroplating, Plating, Polishing, Anodizing, and Coloring
                                                                     $4,305,643
                                                                           1.06
                                                                       $43,056 
 $129,169 
                                                                        $40,703
                                                                       $122,108
Coatings, paints, and varnish
325510 - Paint and Coating Manufacturing
                                                                    $12,206,791
                                                                           1.12
                                                                      $122,068 
                                                                      $366,204 
                                                                       $109,417
                                                                       $328,250
Fire-fighting foam manufacturers
325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing
                                                                    $15,487,947
                                                                           1.10
                                                                      $154,879 
                                                                       $464,638
                                                                       $141,412
                                                                       $424,235
Landfills
562212 - Solid Waste Landfill
                                                                     $2,648,770
                                                                           1.02
                                                                       $26,488 
                                                                       $79,463 
                                                                        $25,927
                                                                        $77,780
Medical Devices
339112 - Surgical and Medical Instrument Manufacturing
                                                                    $15,867,455
                                                                           1.07
                                                                       $158,675
                                                                      $476,024 
                                                                        $147,99
                                                                       $443,970
Municipal fire departments and firefighting training centers
922160 - Fire Protection
                                                                            N/A
                                                                            N/A
                                                                            N/A
                                                                            N/A
                                                                            N/A
                                                                            N/A
Paper mills
322121 - Paper (except Newsprint) Mills
                                                                   $136,311,952
                                                                           1.36
                                                                    $1,363,120 
                                                                    $4,089,359 
                                                                       $999,587
                                                                     $2,998,761

322130 - Paperboard Mills
                                                                    $60,850,392
                                                                           1.10
                                                                      $608,504 
                                                                     $1,825,512
                                                                       $554,789
                                                                     $1,664,368
Petroleum refineries and terminals
324110 - Petroleum Refineries
                                                                 $1,055,966,912
                                                                           1.19
                                                                   $10,559,669 
                                                                    $31,679,007
                                                                     $8,909,721
                                                                    $26,729,162

424710 - Petroleum Bulk Stations and Terminals
                                                                    $67,806,712
                                                                           1.28
                                                                      $678,067 
                                                                    $2,034,201 
                                                                       $529,174
                                                                     $1,587,522
Pesticides and Insecticides 
325320 - Pesticide and Other Agricultural Chemical Manufacturing
                                                                    $44,062,960
                                                                           1.10
                                                                      $440,630 
                                                                    $1,321,889 
                                                                       $399,746
                                                                     $1,199,239
Photographic film manufacturing
325992 - Photographic Film, Paper, Plate, and Chemical Manufacturing
                                                                     $7,513,830
                                                                           1.08
                                                                       $75,138 
                                                                       $225,415
                                                                        $69,358
                                                                       $208,075
Polishes, waxes, cleaning products  
325612 - Polish and Other Sanitation Good Manufacturing
                                                                    $14,371,444
                                                                           1.07
                                                                      $143,714 
                                                                       $431,143
                                                                       $134,096
                                                                       $402,287
Polymer manufacturing
325211 - Plastics Material and Resin Manufacturing
                                                                    $39,281,768
                                                                           1.17
                                                                      $392,818 
                                                                    $1,178,453 
                                                                       $335,038
                                                                     $1,005,113
Printing facilities where inks are used in photolitho-graphy
323111 - Commercial Printing (except Screen and Books)
                                                                     $4,322,219
                                                                           1.06
                                                                       $43,222 
                                                                      $129,667 
                                                                        $40,732
                                                                       $122,195

325910 - Printing Ink Manufacturing
                                                                    $10,171,408
                                                                           1.52
                                                                      $101,714 
                                                                       $305,142
                                                                        $66,769
                                                                       $200,308
Textile mills (textiles and upholstery)
313210 - Broadwoven Fabric Mills
                                                                    $13,304,718
                                                                           1.07
                                                                      $133,047 
                                                                      $399,142 
                                                                       $124,588
                                                                       $373,763

313220 - Narrow Fabric Mills and Schiffli Machine Embroidery
                                                                     $6,480,571
                                                                           1.06
                                                                        $64,806
                                                                      $194,417 
                                                                        $61,137
                                                                       $183,412

313230 - Nonwoven Fabric Mills
                                                                    $18,769,824
                                                                           1.10
                                                                      $187,698 
                                                                      $563,095 
                                                                       $170,635
                                                                       $511,904

313240 - Knit Fabric Mills
                                                                     $9,686,436
                                                                           1.01
                                                                       $96,864 
                                                                      $290,593 
                                                                        $95,976
                                                                       $287,927

313320 - Fabric Coating Mills
                                                                    $16,385,931
                                                                           1.08
                                                                      $163,859 
                                                                      $491,578 
                                                                       $151,493
                                                                       $454,478
WWTPs
221320 - Sewage Treatment Facilities
                                                                     $1,315,960
                                                                           1.06
                                                                       $13,160 
                                                                       $39,479 
                                                                        $12,395
                                                                        $37,185

Impact on Minority and Low-Income Population 
This RIA includes a screening-level analysis of the demographics of the populations in proximity to potential sites in the universe and considers the possible impact of the proposed rule on populations and locations relevant to Executive Orders 12898 and 14008.
This demographic analysis examines populations in U.S. Census block groups that intersect with identified site boundaries or centroids and designated areas around them (i.e., buffers). 
This proposed regulation identifies groundwater and surface water as potential sources of exposure for the identified PFAS. Because the location of future releases of PFAS is uncertain, this analysis considers populations around facilities in sectors associated with widespread historical uses and releases of PFAS as proxies for facilities that may have future releases of the PFAS considered in the proposed rule. This analysis examines the following site types as proxies for facilities that are known to have commonly used PFAS:
 Operating Department of Defense (DOD) facilities
 Operating U.S. airports and airfields
 Large U.S. airports and airfields
 All other U.S. airports and airfields (i.e. medium and small)
 Plastics material and resin manufacturing firms identified as having produced PFOS and/or PFOA[,] 
 2020 PFOS and PFOA releases reported to EPA's Toxic Release Inventory (TRI)
       
Exhibit ES-3 summarizes several key demographics of the total populations near the universe of proxy sites identified and compares these demographics to U.S. national averages. The six key demographic categories examined are minority (reflecting an examination of both race and ethnicity; minority is defined as populations excluding non-Hispanic White), poverty level, linguistic isolation, education, age (specifically population less than five years old and greater than 64 years old), and age of housing.
These findings, combined with the uncertainty surrounding the location of future releases, are indicative of potential impacts but do not provide a clear indication of the type of disparities related to potential exposure to PFAS. Consistent with the priorities outlined in Executive Orders 12898 and 14008, it is unclear whether the proposed regulation will have a significant impact on disadvantaged populations or communities with environmental justice (EJ) concerns relative to other communities. While the locations of reporting releases are unknown, to the extent that these proxy locations are representative of likely reporting locations, this screening analysis suggests that the reporting required under the rule may provide better information to nearby populations potentially at risk of exposure, including communities with environmental justice (EJ) concerns. Because releases reported to TRI mostly involve disposal or manufacturing sites, demographic data around plastics material and resin manufacturer sites and historical releases may be a more reliable predictor of the type of community potentially affected by this proposed rulemaking. Specific site conditions and demographic patterns may become clear as reporting occurs following completion of a final rule. 
                                       
                                 Exhibit ES-3
Proportions of Key Demographics in the Total Near Site Population and the Total U.S. Population
 Demographic Category
Population within 1 or 3 miles of a Plastics Material and Resin Manufacturer and/or a Release Reported to TRI
                 Population within 1 or 3 miles of a DOD site
               Population within 1 or 3 miles of a Large Airport
  Population within 1 or 3 miles of all other Airport (i.e. Small and Medium)
                                U.S. Population

                                    1 mile
                                    3 miles
                                    1 mile
                                    3 miles
                                    1 mile
                                    3 miles
                                    1 mile
                                    3 miles

Race
                                                                               
                                                                              
                                                                              
                                                                               
                                                                               
                                                                               
                                                                               
                                                                              
Asian
                                     6.02%
                                     6.82%
                                     7.93%
                                     7.42%
                                     6.22%
                                     8.16%
                                     3.73%
                                     4.34%
                                     5.39%
Black/African American
                                    22.58%
                                    23.56%
                                    15.83%
                                    16.34%
                                    14.51%
                                    17.03%
                                     9.04%
                                    10.26%
                                    12.65%
Hawaiian/Pacific Islander
                                     0.06%
                                     0.08%
                                     1.07%
                                     0.55%
                                     0.36%
                                     0.33%
                                     0.19%
                                     0.19%
                                     0.18%
Native American
                                     0.44%
                                     0.36%
                                     0.78%
                                     0.75%
                                     0.71%
                                     0.74%
                                     0.91%
                                     0.84%
                                     0.83%
Other
                                     7.80%
                                     7.76%
                                    10.94%
                                    10.73%
                                    11.65%
                                    12.90%
                                     7.23%
                                     7.65%
                                     8.26%
Minority
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
Minority
                                    48.49%
                                    48.91%
                                    50.94%
                                    50.63%
                                    48.71%
                                    56.70%
                                    32.11%
                                    34.71%
                                    39.56%
Ethnicity

 
 
                                       
                                       
                                       
                                       
 
Hispanic (any race)
                                    17.31%
                                    16.06%
                                    21.77%
                                    22.98%
                                    24.38%
                                    28.39%
                                    16.13%
                                    16.97%
                                    18.65%
Poverty Level
                                                                               
                                                                              
                                                                              
                                       
                                       
                                       
                                       
                                                                              
Households below the poverty level
                                    18.76%
                                    16.65%
                                    13.80%
                                    14.61%
                                    13.56%
                                    15.31%
                                    12.17%
                                    13.01%
                                    13.70%
Households with a ratio of income to poverty level of two and below
                                    39.95%
                                    36.70%
                                    34.37%
                                    34.58%
                                    62.68%
                                    62.34%
                                    30.73%
                                    31.82%
                                    32.34%
Other Demographics
                                                                               
                                                                              
                                                                              
                                       
                                       
                                       
                                       
                                                                              
Linguistically isolated households
                                     4.17%
                                     4.44%
                                     5.32%
                                     6.34%
                                     6.51%
                                     9.16%
                                     3.10%
                                     3.61%
                                     5.08%
Less than a High School Education
                                     9.55%
                                     8.97%
                                     7.58%
                                     8.59%
                                     8.82%
                                    10.76%
                                     8.11%
                                     8.13%
                                     8.44%
Under 5 years of age
                                     6.25%
                                     6.26%
                                     7.20%
                                     6.78%
                                     7.30%
                                     6.82%
                                     6.26%
                                     6.26%
                                     6.13%
Over 64 years of age
                                    12.98%
                                    13.73%
                                    12.08%
                                    13.21%
                                    11.04%
                                    12.55%
                                    15.55%
                                    15.23%
                                    15.29%
Structures Built Pre-1960
                                    53.59%
                                    48.48%
                                    25.71%
                                    29.73%
                                    28.13%
                                    34.50%
                                    21.64%
                                    24.78%
                                    28.01%
Total U.S. Population Captured in Proximity 
% of U.S. Population Captured in Proximity 
                                     0.15%
                                     1.42%
                                     2.55%
                                    10.08%
                                     0.12%
                                     2.83%
                                     2.57%
                                    23.87%
                                     100%

CHAPTER 1.  INTRODUCTION
This document presents an analysis by the U.S. Environmental Protection Agency (EPA) Office of Land and Emergency Management of the universe of affected facilities, social costs, and statutory and executive order impacts of a proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) including their salts and structural isomers, as hazardous substances under CERCLA.
The proposed rule for designation as a hazardous substance, if finalized, would require reporting of releases above the RQ of PFOA, PFOS, and their salts and structural isomers. The designation of PFOA and PFOS as hazardous substances, if finalized, would result in a default reportable quantity of one pound pursuant to CERCLA section 102. Section 103 and 40 CFR 302.6 require any person in charge of a vessel or facility with knowledge of a release of a hazardous substance equal to or greater than the reportable quantity within a 24-hour period to immediately notify the National Response Center (NRC). Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA) also imposes reporting requirements (to state, tribal, and local officials) for releases of hazardous substances above the RQ. The costs estimated for the final rulemaking are limited to reporting. 
Reporting does not trigger an obligation to conduct a response action. Response actions are discretionary, site-specific decisions made after the hazardous substance release or threatened release and are contingent upon a series of separate discretionary actions.  
There are several benefits of this proposed rule. Designation as a hazardous substance incentivizes the prevention of releases by creating costs associated with reporting releases. Incentivizing the prevention of releases is expected to decrease potential threats to public health and welfare and the environment. Requiring that releases of PFOA and PFOS be reported will improve the quality of information and inform a more comprehensive understanding of the number and location of PFOA and PFOS releases meeting or exceeding the reportable quantity, potentially reducing risks to public health and conferring benefits as described in detail in Chapter 3.
1.1  Background
PFOA and PFOS are synthetic chemicals that are resistant to heat, water, and oil. For decades, they have been used in hundreds of industrial applications and consumer products such as carpeting, apparel, upholstery, food paper wrapping, firefighting foam, and metal plating. In recent years the use of PFOA and PFOS in producing these materials has greatly declined, in part due to voluntary phase out by industry. Although some uses of PFOS are still ongoing (see 40 CFR §721.9582), the usage of PFOA and PFOS chemicals in the United States is relatively low. PFOA and PFOS may be present in imported products and articles (except PFOA in carpet).
Scientists are still learning about the human health effects of PFOA and PFOS exposure. Studies have shown that exposure to these compounds may affect 
 growth, learning, and behavior of infants and older children,
lower a woman's chance of getting pregnant,
interfere with the body's natural hormones,
increase cholesterol levels,
affect the immune system, and
       increase the risk of cancer.
PFOA and PFOS are part of a large group of human-made, fluorinated, organic chemicals called PFAS. PFOA and PFOS can also be formed by chemical or biological degradation from a large group of related PFAS (i.e., precursor compounds).
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Pub. L. 96-510), 42 U.S.C. 9601 et seq. (amended as CERCLA or the Act) establishes broad Federal authority to respond to releases or threats of releases of hazardous substances from vessels and facilities. The term "hazardous substance" is defined in section 101(14) of CERCLA primarily by reference to other environmental statutes. The Administrator of the EPA is authorized under CERCLA section 102(a) to promulgate regulations designating as a hazardous substance any substance which, when released into the environment, may present substantial danger to public health or welfare or the environment. Designation as a CERCLA hazardous substance indicates a level of concern about a given substance sufficient to require a report to the National Response Center (NRC) in the event of a release in an amount equal to or greater than the reportable quantity (RQ) for that substance. Section 102(b) of the Act 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). 
1.2  Need for Regulatory Action
Designating PFOA and PFOS as CERCLA hazardous substances would further CERCLA's primary goal of protecting public health and welfare and the environment through a variety of means. The designations would improve the quality of information available and inform a more comprehensive understanding of the number and locations of PFOA and PFOS releases meeting or exceeding the reportable quantity (RQ). These designations would also signal to the market that there is value in the prevention of releases due to the burden in reporting. The reporting of a release could also potentially accelerate privately financed voluntary cleanups. 
1.3  Summary of the Proposed Rule
Under Section 102(a) of CERCLA, the EPA is proposing to designate PFOA and PFOS, including their salts and structural isomers, as hazardous substances. The proposal to designate PFOA and PFOS including their structural isomers and salts, as hazardous substances relates to the following CERCLA requirements: 
 Report to the National Response Center (NRC) when releases occur in amounts equal to or greater than their reportable quantity of one pound or more, as required under CERCLA section 103; and
 For such releases, notify the State Emergency Response Commissions (SERC) (or Tribal Emergency Response Commission (TERC)) and Local Emergency Planning Committee (LEPC) (or Tribal Emergency Planning Committee (TEPC)) of the release and prepare and submit a written follow-up notice, as required for CERCLA hazardous substances under EPCRA section 304; and
When federal agencies sell or transfer real property to any other person or entity, they must provide notice of the presence of hazardous substances in certain circumstances as required by CERCLA section 120(h).
1.4  Scope of Analysis
This analysis examines quantifiable and qualitative impacts for this proposed rulemaking and estimation of compliance costs associated with the rulemaking. Primarily, this analysis estimates costs associated with reporting releases of hazardous substances. It also considers costs resulting from federal property transfer requirements associated with the alignment of CERCLA designation with other federal regulations. Because the scope of this rule is limited to information collection and reporting, this RIA only qualitatively examines benefits associated with improved quality of information including better understanding of potential release events and sites.
The information about PFOA and PFOS hazardous substance releases that is collected as a result of this proposed action could inform separate decisions about responses to and remediation of releases. These subsequent actions, if any, are contingent on future, site-specific decisions, and require separate actions by different Federal, State, Tribal, or local agencies in different jurisdictions with different regulatory structures.
In Chapter 4, this RIA also considers impacts of the rule related to certain Executive Orders and statutes, including but not limited to, the Unfunded Mandates Reform Act, impacts on Tribal Governments, and Federalism impacts.
1.5  Report Organization
EPA designed and conducted this analysis to be consistent with the requirements of Executive Order 12866, and OMB Circular A-4. Data, methods, and results of this analysis are presented in the following chapters:
Chapter 2: Universe of Entities That Have Historically Used PFOA and PFOS. This chapter provides profiles of the entities that may be affected by the proposed rulemaking and the extent to which state regulations may already require compliance with the proposed regulations.
Chapter 3: Assessment of Compliance Costs. This chapter presents the estimated annual costs associated with the proposed rulemaking and describes the methodology used to develop these cost estimates. 
Chapter 4: Statutory and Executive Order Analyses. This chapter summarizes analyses required by certain statutes or Executive Orders, including impacts related to energy systems, regulatory flexibility, minority and low-income populations, children's health, regulatory planning and review, unfunded mandates, federalism, and tribal governments.
       
CHAPTER 2.  UNIVERSE OF ENTITIES THAT HAVE HISTORICALLY USED PFOA AND PFOS
PFOA and PFOS were two of the most extensively produced PFAS in the United States but were largely phased out voluntarily after 2002. However, the chemicals are still produced internationally and can be imported into the United States for industrial uses or in articles and consumer goods such as leather, apparel, textiles, paper and packaging, coatings, rubber, and plastics. 
Building on the 2002 voluntary phase out, EPA has used the following mechanisms to restrict current uses of PFOS and PFOA:
 PFAS Significant New Use Rule (SNUR)  -  March/December 2002
 The PFOA Stewardship Program  -  2010/2015
 PFAS Significant New Use Rule (SNUR) - 2013 
 PFAS Significant New Use Rule (SNUR)  -  2020
In March of 2002, a SNUR was published by EPA and focused on 13 chemicals involved in the voluntary phase out of PFOS by 3M that took place between 2000 and 2002. As such, new manufacturing or importing of PFOS and its derivatives became subject to EPA reporting and review unless it was characterized as a highly technical and limited use. In December of 2002, another SNUR was published by EPA which built upon the March 2002 SNUR. Under this new SNUR, new manufacturing or importing of 75 PFAS chemicals specifically included in the voluntary phase out of PFOS by 3M became subjected to EPA review. Exemptions remained for PFOS manufacturing or importing that was deemed as highly technical or limited. [,]
In 2005, EPA invited eight companies within the PFAS industry to join a stewardship program aimed at achieving two goals:
 By 2010, achieve a 95 percent reduction in PFOA, including precursor chemicals that can break down to PFOA, from the baseline levels produced in 2000.
 By 2015, eliminate these same chemicals from all emissions and products. 
The following eight companies participated in the program: 
 Arkema
 Asahi
 BASF Corporation (successor to Ciba)
 Clariant
 Daikin
 3M/Dyneon
 DuPont
 Solvay Solexis

As of 2015, all companies met the goals proposed by the stewardship program. 
In 2013, EPA issued a SNUR primarily designating PFAS chemical substances that have completed TSCA new chemical review process, but not yet commenced production or import as significant new use. Additionally, this SNUR required persons subject to the rule to notify EPA prior to commencing the import or use of PFOA for treating carpets. In 2020, EPA issued a final rule strengthening the regulation of PFAS (i.e., PFOA and its salts, long-chain perfluoroalkyl carboxylate chemical substances) by requiring notice and EPA review before new use of long-chain PFAS. Additionally, products containing certain long-chain PFAS as a surface coating and carpet containing perfluoroalkyl sulfonate chemical substances can no longer be imported into the United States without EPA review. 
Under this array of regulatory and non-regulatory mechanisms, current PFOS uses are limited to anti-erosion additives in fire-resistant aviation hydraulic fluid; fume/mist suppression in metal finishing and plating; etching and plating uses, including mist suppression, in electronics manufacturing; a photomicrolithography process in semiconductor production; coatings on imaging materials; and as a chemical intermediate to produce substances for some of the aforementioned uses. Fewer definite limitations are in place regarding PFOA uses. Therefore, although PFOA has also been understood to decline significantly over the last two decades, PFOA's current usage and its array of specific applications are uncertain.
This chapter provides a description of the universe of entities that may be affected by the proposed regulation and documents the extent to which state regulations may already require compliance with the proposed regulation.
2.1  Types of Entities Potentially Affected by the Proposed Regulations
The current uses of PFOS have been greatly reduced following the finalization of the various SNURs. As noted, the use and usage of PFOA has also been understood to decline significantly over the last two decades, but its current usage and array of specific uses are uncertain. 
Generally, the three categories of entities potentially affected by the proposed regulation are: (1) importers and manufacturers of PFOA and PFOS, (2) users of PFOA- or PFOS-containing articles, and (3) waste management facilities. Across these three categories, there are at least 35 different sectors with known or suspected PFOA or PFOS production use, or waste management. 
2.1.1 Importers and Manufacturers of PFOA and PFOS
Manufacture and import of both PFOS and PFOA has been phased out in the United States by the eight global companies participating in the 2010/2015 PFOA Stewardship Program. In 2015, these companies eliminated the production and content of PFOA and related chemicals in their products. Although PFOA and PFOS are not produced domestically or imported by the companies participating in the 2010/2015 PFOA Stewardship Program, it is possible PFOA and PFOS may still be produced domestically or imported in very small quantities by other companies, i.e., those that did not participate in the PFOA Stewardship Program. Additionally, EPA has regulated PFOA and other long chain PFAS by requiring notice and EPA review before any phased-out use of long-chain PFAS could resume (see 40 CFR §721.9582). The Chemical Data Reporting rule requires manufacturers (including importers) to report PFOA and PFOS quantities if they meet or exceed 2,500 lbs at a single site. The last times PFOA and PFOS manufacture were reported to EPA as part of this collection effort were in 2013 and 2002, respectively.
2.1.2 Users of PFOA and PFOS
As explained in this chapter, PFOA and PFOS are no longer widely produced by U.S. manufacturers. Because many of these manufacturers also historically manufactured products containing PFOA and PFOS (i.e., firefighting foam, etching agents, car wax, etc.), this analysis assumes that the production of materials containing PFOA and PFOS has largely, but not necessarily completely, been eliminated from domestic manufacturing. 
Although domestic manufacturing of materials containing PFOA and PFOS has largely ceased, many sectors are potential users of manufactured products that contain PFOA or PFOS. PFOA or PFOS have historically been a component of firefighting foams, surfactants, etching agents, stain- and water-resistant applications, car waxes, architectural coatings, and antistatic control. Exhibit 2-1 below summarizes the users and associated products that based on historical use may contain PFOA and PFOS. 
                                  Exhibit 2-1
Summary of Users and Associated Products Historically Containing PFOA and PFOS
                                     User
                          Products with PFOA and PFOS
Fire departments and firefighting training areas 
Firefighting foam
Airports
Firefighting foam
Military installations
Firefighting foam
Petroleum refineries and terminals
Firefighting foam
Oil and mining production facilities
Surfactants
Chromium, copper, nickel, and tin electroplaters
Surfactants (to suppress chemical fumes and mist)
Pesticides and Insecticides
Surfactants and active substances
Medical Devices
Dispersant and stain- and water-resistant applications
Electronics and semiconductor industries etching
Etching agents
Paper mills
Paper for food contact applications and non-contact applications
Textile mills
Stain- and water-resistant applications
Furniture manufacturers
Stain- and water-resistant applications
Carwashes, car dealerships, and autobody shops
Car wax
Construction companies
Architectural coatings
Photographic film development
Antistatic control, surface tension control, friction control, and dirt repellency (particularly for faster speed films and sensitive diagnostic x-ray products)

2.1.3  Waste Management Facilities 
Wastewater treatment plants (WWTPs) may receive wastewater that contains PFOA or PFOS from a variety of sources, including industries that manufacture or use PFOA and PFOS and PFOA- and PFOS-containing products. Examples include carwashes, runoff from firefighting training areas or oil fires, and households that use products containing PFOA and PFOS. Some companies may operate onsite wastewater treatment facilities, but typically they are not designed to remove PFOA and PFOS and their related compounds. 
PFOA and PFOS are the most widely detected PFAS compounds in wastewater, and treatment units at conventional WWTPs. At present, WWTPs do not remove these compounds effectively. As a result, effluent discharged to receiving water bodies and WWTP sludge may contain PFOA and PFOS. WWTPs may dispose of sludge by incineration, which can destroy PFOA and PFOS, or WWTPs may send sludge to a landfill. Sludge also is commonly applied to land as a fertilizer or soil amendment. The use of biosolids on farmland can lead to the uptake of PFOA and PFOS in the food chain. Industrial and municipal landfills also are receptors of PFOA- and PFOS-containing materials. In addition to biosolids from WWTPs, landfills may receive manufacturing wastes and household wastes (including food wrappings; empty cans of polish, wax, and cleaners; dental floss, etc.) that contain PFOA and PFOS, or chemicals that degrade to PFOA and PFOS. The leachate from municipal landfills is typically collected and sent to WWTPs for treatment, which can continue the introduction of PFOA and PFOS to the environment.
2.2  Baseline Regulations affecting PFOA and PFOS and associated Facilities and Systems 
Although PFOA and PFOS are not currently designated as CERCLA hazardous substances, U.S. state governments have begun to develop regulatory structures and analytic approaches to identify, characterize, and address PFOA and PFOS contamination. For example, New Hampshire has undertaken sampling for PFAS at drinking water supplies, wastewater treatment plants, fire stations, landfills, and contaminated waste sites to better understand the scope of contamination in the state. California also is planning a phased sampling effort targeting airports, landfills, refineries, bulk terminals, fire training areas, manufacturers that use PFAS in products or processes, and nearby water supply wells. 
Currently, a number of states have established regulatory structures and programs to address PFAS contamination. For example:  
Vermont regulates PFOA and PFOS as hazardous wastes when present in a liquid at a concentration greater than 20 parts per thousand, but allows certain exemptions, including for sludge from wastewater treatment facilities or leachate from landfills when managed under an approved plan. 
New York finalized regulations in 2017 that specify storage and registration requirements for Class B firefighting foams containing at least one percent by volume of one or more of four PFAS (including PFOA and PFOS). The regulations prohibit the release of one pound or more of each into the environment during use. If a release exceeds the one-pound threshold, it is considered a hazardous waste spill and must be reported, and cleanup may be required under the state's Superfund or Brownfields programs.
Washington prohibited the use of PFAS-containing Class B firefighting foam for training in 2018. By 2020, the manufacture and sale of these foams will be prohibited within the state, with the exceptions of the military, FAA-certified airports, petroleum refineries and terminals, and certain chemical plants.
In addition, nearly half of all states have developed standards and guidance threshold values for PFOA and PFOS in drinking water and groundwater. Details on these standards and guidance values are summarized in Exhibit 2-2 below. According to the Interstate Technology and Regulatory Council, a state-led public-private coalition formed to produce technical resources that help regulators and other stakeholders understand PFAS issues. Several states have either adopted EPA's 2016 lifetime health advisory limits (HALs) for drinking water of 0.07 ug/L for PFOA and PFOS or have chosen to use the concentrations as advisory, non-regulated levels to guide the interpretation of PFOA and PFOS detections. Other states have developed health-based values based on separate analyses of the scientific data, several of which are lower than EPA HALs:
Vermont's lifetime combined HAL for five PFAS compounds, including PFOA and PFOS, is 0.02 ug/L. 
New Jersey has an MCL of 0.014 ug/L for PFOA and 0.013 ug/L for PFOS.
Michigan's MCLs for PFOA and PFOS, promulgated in August 2020, are 0.008 ug/L and 0.016 ug/L respectively. 
New values continue to be planned, developed, and updated across these states and others. 
The state standards and guidance values are primarily for groundwater and surface water used for drinking water; however, about eleven states have developed screening levels or remedial action goals for PFOA and PFOS in soil, as detailed in Exhibit 2-3. Values vary by several orders of magnitude. For example, soil screening levels for protection of groundwater range for PFOA from 0.0015 mg/kg in Texas to 16 mg/kg in Delaware; screening levels for PFOS range from 0.00024 mg/kg in Michigan to 6 mg/kg in Delaware.
In all, at least 29 states either have or currently are setting standards, screening levels, and guidance values for PFOA and PFOS (and sometimes other PFAS compounds). EPA found little to no documentation of PFAS on the websites of the remaining state environmental departments and departments of health. Based on EPA's review, these state standards focus on specific state reporting data systems, and do not include requirements for reporting to the National Response Center. They would not, therefore, offset any of the costs and benefits expected from this proposed rulemaking as states are not currently requiring entities to report releases to federal entities.
                                 Exhibit 2-2 
State Standards and Guidance values for PFOA and PFOS in Groundwater, Drinking Water, and Surface Water/Effluent (Wastewater)
                                   Location
                                 Agency / Dept
                               Year Last Updated
                              Standard / Guidance
                                     Type
                               Promulgated Rule
                                  PFOA (ppb)
                                  PFOS (ppb)
Alaska (AK)
DEC
                                     2016
Groundwater cleanup level
Groundwater
                                      Yes
                                     0.400
                                     0.400
Alaska (AK)
DEC
                                     2018
Action level
Drinking Water/Groundwater/Surface water and/or effluent
                                      No
                                     0.070
                                     0.070
California (CA)
SWRCB
                                     2021
Notification level
Drinking Water
                                      No
                                     0.005
                                     0.007
California (CA)
SWRCB
                                     2021
Response Level (California only)
Drinking Water
                                      Yes
                                     0.010
                                     0.040
Colorado (CO)
DPHE
                                     2018
Site-specific groundwater quality standard
Groundwater
                                      Yes
                                     0.070
                                     0.070
Colorado (CO)
WQCC
                                     2020
Translation levels 
Groundwater/Surface water and/or effluent
                                      Yes
                                     0.070
                                     0.070
Connecticut (CT)
DPH
                                     2016
Private well action level
Drinking Water/Groundwater
                                      No
                                     0.070
                                     0.070
Connecticut (CT)
DEEP
                                     2018
Additional polluting substance groundwater protection criteria
Groundwater
                                      No
                                     0.070
                                     0.070
Delaware (DE)
DNREC
                                     2016
Reporting level
Groundwater
                                      No
                                     0.070
                                     0.070
Delaware (DE)
DNREC
                                     2016
Screening Level
Groundwater
                                      No
                                     0.070
                                     0.070
Florida (FL)
FDEP
                                     2019
Provisional groundwater target cleanup level
Groundwater
                                     Other
                                     0.070
                                       
Florida (FL)
FDEP
                                     2019
Screening Level
Surface water and/or effluent
                                     Other
                                     0.500
                                     0.010
Hawaii (HI)
DOH
                                     2020
Environmental action level
Protected Groundwater
                                      Yes
                                     0.040
                                     0.040
Hawaii (HI)
HDOH
                                     2021
Environmental action level
Groundwater
                                     Other
                                     0.040
                                     0.040
Illinois (IL)
EPA
                                     2021
Health-based guidance level
Drinking Water/Groundwater
                                      Yes
                                     0.002
                                     0.014
Indiana (IN)
DEM
                                     2019
Screening level (tap)
Protected Groundwater
                                      Yes
                                       
                                       
Iowa (IA)
DNR
                                     2016
Statewide standards
Protected Groundwater
                                      Yes
                                     0.070
                                     0.070
Iowa (IA)
DNR
                                     2016
Statewide standards
Non-protected Groundwater
                                      Yes
                                       
                                       1
Maine (ME)
DEP
                                     2018
Remedial action guideline
Groundwater
                                      No
                                     0.400
                                     0.400
Maine (ME)
DEP
                                     2020
Screening levels
Drinking Water
                                     Other
                                     0.070
                                     0.070
Massachusetts (MA)
DEP
                                   2018/2019
Drinking water values
Drinking Water
                                     Other
                                     0.020
                                     0.020
Massachusetts (MA)
DEP
                                     2019
Groundwater-1
Groundwater
                                      Yes
                                     0.020
                                     0.020
Massachusetts (MA)
DEP
                                     2019
Groundwater-3
Groundwater
                                      Yes
                                    40,000
                                      500
Massachusetts (MA)
DEP
                                     2020
Maximum contaminant level
Drinking Water
                                      Yes
                                     0.020
                                     0.020
Michigan (MI)
EGLE
                                     2015
Human noncancer value for surface drinking water
Surface water and/or effluent
                                      Yes
                                     0.420
                                     0.011
Michigan (MI)
DHHS
                                     2019
Screening levels
Drinking Water
                                      No
                                     0.009
                                     0.008
Michigan (MI)
EGLE
                                     2021
Maximum contaminant level/Generic Cleanup Criteria 
Drinking Water/Groundwater
                                      Yes
                                     0.008
                                     0.016
Minnesota (MN)
MDH
                                     2018
HRL- subchronic
Drinking Water/Groundwater
                                      Yes
                                     0.035
                                       
Minnesota (MN)
MDH
                                     2018
HRL - chronic
Drinking Water/Groundwater
                                      Yes
                                     0.035
                                     0.300
Minnesota (MN)
MDH
                                     2019
Health-based value - subchronic
Drinking Water/Groundwater
                                      No
                                       
                                     0.015
Minnesota (MN)
MDH
                                     2019
Health-based value - chronic
Drinking Water/Groundwater
                                      No
                                       
                                     0.015
Minnesota (MN)
MDH
                                     2007
Health-based value
surface water and/or effluent-Lake
                                      No
                                       
                                     0.012
Minnesota (MN)
MDH
                                     2007
Health-based value
Surface water and/or effluent-River
                                      No
                                       
                                     0.006
Montana (MT)
DEQ
                                     2019
Water quality standard
Groundwater
                                      Yes
                                     0.070
                                     0.070
Nevada (NV) 
DEP
                                     2015
Basic comparison level
Drinking Water
                                      No
                                     0.667
                                     0.667
New Hampshire (NH)
DES
                                     2019
Ambient groundwater quality standard
Groundwater
                                      Yes
                                     0.012
                                     0.015
New Hampshire (NH)
DES
                                     2020
Maximum contaminant level
Drinking Water
                                      Yes
                                     0.012
                                     0.015
New Jersey (NJ)
DEP
                                     2020
Groundwater water quality standard
Groundwater
                                      Yes
                                     0.014
                                     0.013
New Jersey (NJ)
DEP
                                     2020
Maximum contaminant level
Drinking Water
                                      Yes
                                     0.014
                                     0.013
New Mexico (NM)
NMED
                                     2019
Screening Level
Drinking Water
                                      No
                                     0.070
                                     0.070
New York (NY)
DEQ
                                     2006
Interim maximum allowable standard
Groundwater
                                      Yes
                                       2
                                       
New York (NY)
DOH
                                     2020
Maximum contaminant level
Drinking Water
                                      Yes
                                     0.010
                                     0.010
North Carolina (NC)
DEQ
                                     2006
Interim maximum allowable standard
Groundwater
                                      Yes
                                       2
                                       
North Carolina (NC)
DHHS
                                     2017
Health goal
Drinking Water
                                      No
                                       
                                       
Ohio (OH)
ODH
                                     2019
Action level
Drinking Water
                                     Other
                                     0.070
                                     0.070
Oregon (OR)
DEQ
                                     2011
Initiation level 
Surface water and/or effluent
                                      Yes
                                      24
                                      300
Pennsylvania (PA)
DEP
                                     2016
Medium-specific concentration
Groundwater
                                      No
                                     0.070
                                     0.070
Rhode Island
DEM
                                     2017
Groundwater quality standard
Drinking Water/Groundwater
                                      Yes
                                     0.070
                                     0.070
Texas (TX)
CEQ
                                     2021
Tier 1 PCL
Groundwater
                                      Yes
                                     0.290
                                     0.560
Vermont (VT)
DEC/DOH
                                     2020
Maximum contaminant level
Drinking Water/Groundwater
                                      Yes
                                     0.020
                                     0.020
Vermont (VT)
DEC/DOH
                                     2018
Lifetime health advisory
Drinking Water/Groundwater
                                      Yes
                                     0.020
                                     0.020
Vermont (VT)
DEC
                                     2019
Groundwater enforcement standard
Groundwater
                                      Yes
                                     0.020
                                     0.020
Vermont (VT)
DEC
                                     2019
Preventive action level
Groundwater
                                      Yes
                                     0.002
                                     0.002


                                 Exhibit 2-3 
       Residential Soil Standards and Guidance Values for PFOA and PFOS 
State
Agency
Year Listed
                              Standard/Guidance 
                              PFOA Level (mg/kg)
                              PFOS Level (mg/kg)
Alaska
DEC
                                     2017
Cleanup Level
                                      1.3
                                      1.3
Connecticut
DEEP
                                     2018
Additional Polluting Substance GA Pollutant Mobility Criteria
                                     1.35
                                     1.35
Delaware
DNREC
                                     2016
Unknown
                                      16
                                       6
Florida
FDEP
                                     2019
Provisional Soil Cleanup Target Level
                                      1.3
                                      1.3
Hawaii
HDOH
                                     2021
Environmental Action Level
                                     0.025
                                     0.025
Indiana
IDEM
                                     2019
Screening Level
                                      --
                                      --
Iowa
DNR
                                     2016
Statewide Standard
                                      35
                                      1.8
Maine
DEP
                                     2018
Remedial Action Goal
                                      1.7
                                      1.7
Massachusetts
DEP
                                     2019
S-1 (Soil Level 1)
                                      0.3
                                      0.3
Minnesota
PCA
                                     2019
Soil Reference Value
                                     0.24
                                     0.041
Nebraska
DEE
                                     2018
Remediation Goal
                                     0.32
                                      3.2
Nevada
DEP
                                     2017
Basic Comparison Levels
                                     1.56
                                     1.56
New Hampshire
DES - EHP
                                     2019
Direct Contact Risk-Based concentration
                                      0.2
                                      0.1
New Hampshire
DES - EHP
                                     2019
Direct Contact Risk-Based concentration
                                      1.3
                                      0.6
New Mexico
NMED
                                     2019
Preliminary Screening Level
                                     1.56
                                     1.56
New York
DEC
                                     2020
Guidance Value
                                    0.00066
                                    0.00088
North Carolina
DEQ
                                     2018
Preliminary Soil Remediation Goal
                                      --
                                      --
Texas
CEQ
                                     2019
Protective Concentration Level
                                      0.6
                                      1.5
Texas
CEQ
                                     2019
Protective Concentration Level
                                      0.5
                                      1.5
Vermont
DEC
                                     2019
Regional Screening Level
                                     1.22
                                     1.22
Wisconsin
DNR
                                     2018
Regional Cleanup Level
                                     1.26
                                     1.26



CHAPTER 3.  COMPLIANCE COSTS AND BENEFITS
Final designation of PFOA and PFOS as hazardous substances under Section 102(a) of CERCLA would require any person in charge of a vessel or 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. Facilities will also be required to report the release to their SERC (or TERC) and LEPC (or TEPC) under EPCRA section 304. Facilities are also required to submit a follow-up written report to these entities under EPCRA section 304. This chapter presents the estimated annual direct costs associated with notification activity and describes the methodology used to develop these cost estimates. Due to uncertainty surrounding the number of annual releases, this analysis provides estimates under lower bound and upper bound assumptions. The chapter also includes a qualitative discussion of additional potential costs from federal property transfer requirements associated with the alignment of CERCLA designation with other federal regulations. The chapter concludes with a qualitative discussion of benefits.
3.1  Notification Costs per Release
The explicit reporting requirements associated with designation of PFOA and PFOS as hazardous substances include the requirement under CERCLA section 103(a) to notify the National Response Center (NRC) of a release and the requirements under EPCRA section 304 to notify the SERC (or TERC) and LEPC (or TEPC) of a release and to prepare and submit a follow-up written report.  
The costs associated with notifications under CERCLA and EPCRA are documented in EPA's Information Collection Requests and Supporting Statements for those regulations, which are No. 1049, OMB No. 2050-0046 and No. 1395, OMB No. 2050-0092 respectively. Exhibit 3-1 summarizes these per release costs; the total reporting cost for a facility submitting both telephone notifications and a written notification would be approximately $561.


                                  Exhibit 3-1
       Reporting Costs Per Release Under CERCLA and EPCRA Requirements 
                             (adjusted to 2020$) 
                                       
                                Unit Labor Cost
                               Unit O&M Cost
                                Total Unit Cost
Telephone Notification to NRC under CERCLA section 103(a)
                                                                        $59.40 
                                                                         $0.00 
                                                                        $59.40 
Telephone and written reporting to SERCs and LEPCs under EPCRA Section 304
                                                                       $495.78 
                                                                         $5.45 
                                                                       $501.23 
Total
                                                                       $555.18 
                                                                         $5.45 
                                                                       $560.63 

3.2  Number of Annual Notifications
The expected number of reportable releases of PFOA and PFOS is not known. To estimate the number, EPA looked at recent numbers of past release reports to the NRC of other hazardous substances. In FY 2020 the NRC received approximately 23,807 total notifications of releases of all types of hazardous substances. Of all non-oil releases reported, hazardous substances containing multiple forms of ammonia or ammonium compounds accounted for the largest number of releases in 2020, there were 660 in total. To develop an upper bound estimate for future PFOA and PFOS reportable releases, this analysis assumes that PFOA and PFOS release reports will be comparable to ammonia and ammonium release reports; that is, an upper bound assumption of  660 PFOA and PFOS notifications per year. 
As a lower bound, this analysis assumes zero annual notifications of PFOA and PFOS releases. This assumption is based on EPA's 2014 Economic Analysis of the Significant New Use Rule for Long-Chain Perfluoroalkyl Carboxylate Chemical Substances and Perfluoroalkyl Sulfonate Chemical Substances, which suggests that PFOS and PFOA were unlikely to be manufactured, imported, or processed in the U.S. after December 31, 2015. 
Toxics Release Inventory (TRI) data on PFOS and PFOA "releases" became available in 2021. The current extent that any releases reported to TRI would qualify under this proposed rulemaking is unknown; TRI releases can in some cases include activities that are compliant with other regulations (e.g., pumping into an underground injection well consistent with RCRA) and would not require reporting under CERCLA. In 2020, TRI data included nine TRI-defined releases of PFOA or PFOS totaling 1,706 lbs. (Exhibit 3-2). Of the nine reports, seven were at disposal facilities and two were at manufacturing facilities.[,] 3M's Cottage Grove Facility reported TRI-defined releases of 90 lbs. of PFOA and 77 lbs. of PFOS. 
                                  Exhibit 3-2
List of PFOA and PFOS Releases that took Place in 2020 and Reported to the Toxics Release Inventory (TRI) in 2021
Facility Name
Type of Facility
Year of Release
Release of Perfluorooctanoic acid (PFOA) (lbs)
Release of Perfluorooctane sulfonic acid (PFOS) (lbs)
Total Releases (lbs)
3M Cottage Grove Center
Manufacturing
                                                                           2020
                                                                         362.51
                                                                          678.7
                                                                       1,041.21
Clean Harbors El Dorado LLC
Disposal
                                                                           2020
                                                                          475.1
                                                                              0
                                                                          475.1
Heritage Thermal Services
Disposal
                                                                           2020
                                                                           0.02
                                                                              0
                                                                           0.02
Vickery Environmental Inc
Disposal
                                                                           2020
                                                                         643.76
                                                                              0
                                                                         643.76
BASF Corp - Freeport Site
Manufacturing
                                                                           2020
                                                                           0.14
                                                                            5.1
                                                                           5.24
Clean Harbors Deer Park LLC
Disposal
                                                                           2020
                                                                            0.1
                                                                              0
                                                                            0.1
TM Deer Park Services LP
Disposal
                                                                           2020
                                                                            128
                                                                              0
                                                                            128
Wayne Disposal Inc
Disposal
                                                                           2020
                                                                              0
                                                                         475.88
                                                                         475.88
Clean Water Environmental LLC
Disposal
                                                                           2020
                                                                              0
                                                                          286.7
                                                                          286.7

3.3  Total Annual Notification Costs
This RIA estimates total annual notification costs by multiplying the estimated annual number of PFOA and PFOS notifications nationally by the estimated cost of notification per site. Exhibit 3-3 summarizes the range of total annual notification. As the exhibit shows, annual notification costs are an estimated $0 to $370,000.
                                  Exhibit 3-3
         Estimated Total Annual Notification Costs (adjusted to 2020$)
           Estimated Annual Number of Notification in United States
                     Estimated Notification Costs (Total)
                                    0 - 660
                                 $0 - $370,000
3.4  Other Costs
 As stated in Section 1.3, this rulemaking will also create additional costs associated with the following requirements: 
 When federal agencies sell or transfer real property to any other person or entity, they must provide notice of the presence of hazardous substances in certain circumstances as required by CERCLA section 120(h). 
 Although future federal property transfers may occur, the number of future federal property transfers involving contaminated land with PFOA and/or PFOS is highly uncertain. Due to this uncertainty, this analysis does not attempt to quantify these costs. 
3.5  Qualitative Description of Benefits
Qualitative benefits of this action include improved quality of information and a more comprehensive understanding of the number and location of sites with future releases of PFOA and PFOS which meet or exceed the RQ. Other direct benefits could include better waste management practices for facilities handling PFOA or PFOS in an effort to avoid releases of these substances into the environment. Incentivizing the prevention of releases is expected to decrease potential threats to public health and welfare and the environment. 
Requiring that releases of PFOA and PFOS be reported may improve the speed and design of any subsequent cleanups (both privately and publicly funded), thereby potentially reducing risks and conferring benefits earlier. For example, the reporting of a release could potentially raise community awareness of a release and accelerate a privately-financed voluntary cleanup. This could more quickly reduce risks faced by nearby exposed individuals.
These actions are discretionary and dependent on various factors that are challenging to predict, but, depending on local site conditions and technology options, may include averting actions or requirements for remediation. 
3.6  Limited ability of this proposed rule to generate certain costs and benefits
While this proposed rulemaking is one step towards potential PFOA and PFOS remediation cost recovery for EPA and allows EPA to respond to PFOA and PFOS contamination without making an imminent and substantial danger finding, it does not require EPA to take response actions, does not require any response action by a private party, and does not determine liability for hazardous substance release response costs. If EPA sought to initiate a response action prior to designating PFOA and PFOS as hazardous substances, the Agency could use its authority under CERCLA section 104(a) for pollutants and contaminants if a release or threatened release may present an imminent and substantial danger to the public health or welfare. In addition, to the extent PFOA or PFOS are commingled with releases of hazardous substances at facilities, EPA may require the responsible party to address such releases.
If this designation is ultimately finalized, those limitations would not apply. EPA and other agencies exercising delegated CERCLA authority, could respond to these PFAS without making an imminent and substantial danger finding, could require the responsible party to address a release, and could seek contribution or recovery of costs incurred for their cleanup, assuming other relevant statutory criteria are met.
The only direct obligations potentially triggered by the rulemaking, if finalized, are release reporting and notification requirements when federal agencies sell or transfer real property to any other person or entity to provide notice of the presence of hazardous substances in certain circumstances. 
Reporting does not trigger an obligation to conduct a response action. Response actions are discretionary, site-specific decisions made after a release or threatened release, and are contingent upon a series of separate discretionary actions. Even if reporting were to trigger additional response, future discretionary decisions about cleanup and response are difficult to quantify due to the uncertainties listed below: 
 How many sites have PFOA or PFOS contamination at a level that warrants a cleanup action.
 The extent and type of PFOA and PFOS contamination at/near sites. 
 The extent and type of other contamination at/near sites.
 The incremental cost of assessing and remediating the PFOA and/or PFOS contamination at/near these sites. 
CHAPTER 4.  ECONOMIC IMPACTS ANALYSES RESPONSIVE TO STATUTORY AND EXECUTIVE ORDERS
As required by applicable statutes and executive orders, this chapter summarizes our analysis of equity considerations and other regulatory concerns associated with the proposed rule. This chapter assess potential impacts, with respect to the following issues:
Energy impact: considers the potential for this proposed rule to affect the supply, distribution, or use of energy, including changes in the price of fuel.
Regulatory flexibility: considers the potential for rule-related costs to have a significant impact on a substantial number of small entities (SISNOSE).
Minority and low-income populations: considers the potential for the proposed rule to have disproportionate impacts on minority or low-income populations.
Children's health: considers the potential for the proposed rule to have a significant or disproportionate impact on the health of children.
Regulatory planning and review: requires examination and quantification of costs and benefits of regulating with and without the proposed rule.
Unfunded mandates: examines the implications of the proposed rule with respect to unfunded mandates imposed on state, local, and tribal governments.
Federalism: considers potential issues related to state sovereignty.
Tribal governments: extends the discussion of federal unfunded mandates to include impacts on Native American tribal governments and their communities.
Employment: considers potential impacts on employment resulting from the compliance costs associated with reporting.
4.1  Energy Impact Analysis
Executive Order 13211, "Actions Concerning Regulations that Affect Energy Supply, Distribution, or Use" (May 18, 2001), addresses the need for regulators to consider the potential energy impacts of the proposed rule and resulting actions. Under Executive Order 13211, agencies are required to prepare a Statement of Energy Effects when a regulatory action may have significant adverse effects on energy supply, distribution, or use, including impacts on price and foreign supplies. Additionally, the requirements obligate agencies to consider reasonable alternatives to regulatory actions with adverse effects and the impacts that such alternatives might have on energy supply, distribution, or use. 
This action is not a "significant energy action" under Executive Order 13211 because it is not related to, or likely to have a significant adverse effect on, the supply, distribution or use of energy.
4.2   Regulatory Flexibility Analysis
The Regulatory Flexibility Act (RFA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 USC 601 et seq., generally requires EPA to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute. This analysis must be completed unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. If a regulation is found to have a significant impact on a substantial number of small entities, further analysis must be performed to determine what can be done to lessen the impact. Small entities include small businesses, small organizations, and small governmental jurisdictions. EPA developed a screening analysis and supplemental analysis consistent with the requirements under RFA.
For purposes of assessing the impacts of this rule on small entities, a small entity is defined as: (1) a small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR Part 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. EPA typically considers costs in excess of one percent and three percent of revenues as indications that the proposed rule may have a significant impact on a given small entity including businesses and governments, and estimates of greater than 20 percent of total small firms or 1,000 total small firms affected as indications that a substantial number of small entities may be affected by the proposed rule. The following sections consider these thresholds.
4.2.1  Associated Cost of Proposed Rule
The explicit reporting requirements associated with designation of PFOA and PFOS as CERCLA hazardous substances include the reporting requirements for episodic releases of hazardous substances found in CERCLA section 103(a), and the reporting requirements under EPCRA section 304. The reporting activities are:
 Telephone notifications to the NRC, SERC (or TERC), and LEPC (or TEPC); and
 Preparation and submission of a written notification report to the SERC (or TERC) and LEPC (or TEPC). 
The costs associated with notification under CERCLA and EPCRA are documented in EPA's Information Collection Requests and Supporting Statements for those regulations, which are No. 1049, OMB No. 2050-0046 and No. 1395, OMB No. 2050-0092 respectively. Additionally, this proposed rulemaking considers additional costs related to federal property transfer requirements associated with the alignment of CERCLA designation with other federal regulations. As discussed in previous sections, the latter costs are currently unable to be estimated due to the lack of information about the number and locations of PFOA and PFOS releases meeting or exceeding the reportable quantity (RQ). This analysis assumes that a given facility will experience no more than one such release per year. Exhibit 3-1 above summarizes these per release costs. The total reporting cost for a facility submitting both a telephone and written notification would be roughly $561. 
4.2.2  Revenues of Impacted Small Entities
To estimate the annual breakeven costs per facility, the analysis relies on three pieces of information for each industry: (1) average annual revenues per small entity, (2) average number of facilities per small entity, and (3) the target breakeven percentage of costs to revenues (either one percent or three percent) at both the entity and facility level. While regulatory flexibility determinations focus on entity revenues and not single facilities, uncertainty about the universe of facilities potentially affected and the limitations of the breakeven analysis format make it useful to examine the breakeven values at both an entity and facility level, to reflect the possibility that all locations of an entity (e.g., a car wash) could operate in similar ways and report similar releases.
Exhibit 4-1 shows the estimated breakeven costs per small entity (firm or government) and facility, by industry. Estimated annual breakeven costs per facility are lowest for Car Washes (NAICS 811192). For this sector, the smallest size class reported has a revenue average of $169,361. Even in this class, the per release cost of $561 represents less than one percent of revenues. Estimated breakeven costs are next lowest at Sewage Treatment Facilities (NAICS 221320) with annual costs of $12,395 meeting the one percent revenue threshold, followed by Other Airport Operations (NAICS 488119) with annual costs of $22,239 meeting the one percent threshold. Estimated annual breakeven costs for all other industries are greater than $25,000 at the one percent revenue threshold. Thus, EPA expects that the impact on any small entity would not be significant.
                                  Exhibit 4-1
               Breakeven Estimates for Annual Costs per Facility
Industry
                          NAICS Code and Description
                     Annual Revenues per Small Entity
[a]
               Average Number of Facilities per Small Entity
[b]
        Breakeven Annual Cost per Entity: 1% Threshold
[c = (1% x a)]
        Breakeven Annual Cost per 
Entity: 3% Threshold
[d = (3% x a)]
      Breakeven Annual Cost per Facility: 1% Threshold
[e = (1% x a)/b]
      Breakeven Annual Cost per 
Facility: 3% Threshold
[f = (3% x a)/b]
Aviation operations
488119 - Other Airport Operations
                                                                     $2,460,388
                                                                           1.11
                                                                       $24,604 
                                                                        $73,812
                                                                        $22,239
                                                                        $66,716
Carpet manufacturers
314110 - Carpet and Rug Mills
                                                                    $14,549,775
                                                                           1.09
                                                                      $145,498 
                                                                      $436,493 
                                                                       $133,806
                                                                       $401,418
Car washes
811192 - Car Washes
                                                                       $552,045
                                                                           1.07
                                                                         $5,520
                                                                       $16,561 
                                                                         $5,151
                                                                        $15,452
Chrome electroplating, anodizing, and etching 
332813 - Electroplating, Plating, Polishing, Anodizing, and Coloring
                                                                     $4,305,643
                                                                           1.06
                                                                       $43,056 
 $129,169 
                                                                        $40,703
                                                                       $122,108
Coatings, paints, and varnish
325510 - Paint and Coating Manufacturing
                                                                    $12,206,791
                                                                           1.12
                                                                      $122,068 
                                                                      $366,204 
                                                                       $109,417
                                                                       $328,250
Fire-fighting foam manufacturers
325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing
                                                                    $15,487,947
                                                                           1.10
                                                                      $154,879 
                                                                       $464,638
                                                                       $141,412
                                                                       $424,235
Landfills
562212 - Solid Waste Landfill
                                                                     $2,648,770
                                                                           1.02
                                                                       $26,488 
                                                                       $79,463 
                                                                        $25,927
                                                                        $77,780
Medical Devices
339112 - Surgical and Medical Instrument Manufacturing
                                                                    $15,867,455
                                                                           1.07
                                                                       $158,675
                                                                      $476,024 
                                                                        $147,99
                                                                       $443,970
Municipal fire departments and firefighting training centers
922160 - Fire Protection
                                                                            N/A
                                                                            N/A
                                                                            N/A
                                                                            N/A
                                                                            N/A
                                                                            N/A
Paper mills
322121 - Paper (except Newsprint) Mills
                                                                   $136,311,952
                                                                           1.36
                                                                    $1,363,120 
                                                                    $4,089,359 
                                                                       $999,587
                                                                     $2,998,761

322130 - Paperboard Mills
                                                                    $60,850,392
                                                                           1.10
                                                                      $608,504 
                                                                     $1,825,512
                                                                       $554,789
                                                                     $1,664,368
Petroleum refineries and terminals
324110 - Petroleum Refineries
                                                                 $1,055,966,912
                                                                           1.19
                                                                   $10,559,669 
                                                                    $31,679,007
                                                                     $8,909,721
                                                                    $26,729,162

424710 - Petroleum Bulk Stations and Terminals
                                                                    $67,806,712
                                                                           1.28
                                                                      $678,067 
                                                                    $2,034,201 
                                                                       $529,174
                                                                     $1,587,522
Pesticides and Insecticides 
325320 - Pesticide and Other Agricultural Chemical Manufacturing
                                                                    $44,062,960
                                                                           1.10
                                                                      $440,630 
                                                                    $1,321,889 
                                                                       $399,746
                                                                     $1,199,239
Photographic film manufacturing
325992 - Photographic Film, Paper, Plate, and Chemical Manufacturing
                                                                     $7,513,830
                                                                           1.08
                                                                       $75,138 
                                                                       $225,415
                                                                        $69,358
                                                                       $208,075
Polishes, waxes, cleaning products  
325612 - Polish and Other Sanitation Good Manufacturing
                                                                    $14,371,444
                                                                           1.07
                                                                      $143,714 
                                                                       $431,143
                                                                       $134,096
                                                                       $402,287
Polymer manufacturing
325211 - Plastics Material and Resin Manufacturing
                                                                    $39,281,768
                                                                           1.17
                                                                      $392,818 
                                                                    $1,178,453 
                                                                       $335,038
                                                                     $1,005,113
Printing facilities where inks are used in photolitho-graphy
323111 - Commercial Printing (except Screen and Books)
                                                                     $4,322,219
                                                                           1.06
                                                                       $43,222 
                                                                      $129,667 
                                                                        $40,732
                                                                       $122,195

325910 - Printing Ink Manufacturing
                                                                    $10,171,408
                                                                           1.52
                                                                      $101,714 
                                                                       $305,142
                                                                        $66,769
                                                                       $200,308
Textile mills (textiles and upholstery)
313210 - Broadwoven Fabric Mills
                                                                    $13,304,718
                                                                           1.07
                                                                      $133,047 
                                                                      $399,142 
                                                                       $124,588
                                                                       $373,763

313220 - Narrow Fabric Mills and Schiffli Machine Embroidery
                                                                     $6,480,571
                                                                           1.06
                                                                        $64,806
                                                                      $194,417 
                                                                        $61,137
                                                                       $183,412

313230 - Nonwoven Fabric Mills
                                                                    $18,769,824
                                                                           1.10
                                                                      $187,698 
                                                                      $563,095 
                                                                       $170,635
                                                                       $511,904

313240 - Knit Fabric Mills
                                                                     $9,686,436
                                                                           1.01
                                                                       $96,864 
                                                                      $290,593 
                                                                        $95,976
                                                                       $287,927

313320 - Fabric Coating Mills
                                                                    $16,385,931
                                                                           1.08
                                                                      $163,859 
                                                                      $491,578 
                                                                       $151,493
                                                                       $454,478
WWTPs
221320 - Sewage Treatment Facilities
                                                                     $1,315,960
                                                                           1.06
                                                                       $13,160 
                                                                       $39,479 
                                                                        $12,395
                                                                        $37,185



4.2.3  Resulting Impact of Proposed Rule on Small Entities
It is not clear what number of small entities in any sector would be required to report as a result of the action under consideration by EPA, but even the total per release cost of $561, when compared with the average revenues for single facilities at small entities in key sectors affected by PFAS (Exhibit 4-1 above), does not come close to exceeding one percent of average facility level (or firm-level) small-entity revenues in any sector. As a result, this proposed action is not expected to result in a significant economic impact on a substantial number of small entities under the RFA. 
4.3  Impacts on Minority and Low-Income Populations: Analysis
 4.3.1  Introduction
Executive Order 12898 (59 FR 7629; February 16, 1994), Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Executive Order 14008 (86 FR 7619; January 27, 2021), Tackling the Climate Crisis at Home and Abroad, also calls on Agencies to make achieving environmental justice part of their missions "by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts." It also declares a policy "to secure environmental justice and spur economic opportunity for disadvantaged communities that have been historically marginalized and overburdened by pollution and under-investment in housing, transportation, water and wastewater infrastructure and health care." EPA also released its "Technical Guidance for Assessing Environmental Justice in Regulatory Analysis" (U.S. EPA, 2016) to provide recommendations that encourage analysts to conduct the highest quality analysis feasible, recognizing that data limitations, time and resource constraints, and analytic challenges will vary by media and circumstance.
This RIA includes a screening-level analysis of the demographics of the populations in proximity to potential sites in the universe and considers the possible impact of the proposed guidance on populations and locations relevant to Executive Orders 12898 and 14008.
 4.3.2  Demographic Analysis
This demographic analysis examines populations in U.S. Census block groups that intersect with identified site boundaries and designated areas around them (i.e., buffers). Site spatial information can either take the form of polygons identifying the actual site boundaries, or single points designating the location (centroids), depending on the availability of data. Polygons represent the actual mapped boundary of any particular site. Centroids, on the other hand, are point estimates. To estimate the populations living near (or in some cases within) site boundaries when only centroid information is available, the analysis models centric (circular) boundaries meant to approximate site boundaries. These areas are created using certain distances around the centroid; standard distances used to approximate sites and the areas around them for RCRA and NPL site centroids are one and three miles. Similarly, the analysis considers buffers of one and three miles around the site boundaries of polygons. 
This proposed regulation identifies groundwater and surface water as potential sources of exposure for the identified PFAS. Because the location of future releases of PFAS is uncertain, this analysis considers populations around facilities in sectors associated with widespread historical uses and releases of PFAS as proxies for facilities that may have future releases of the PFAS considered in the proposed rule. This analysis examines the following site types as proxies for facilities that are known to have commonly used PFAS:
 Operating Department of Defense (DOD) facilities
 Operating U.S. airports and airfields
 Large U.S. airports and airfields
 All other U.S. airports and airfields (i.e., medium and small)
 Plastics material and resin manufacturing firms identified as having produced PFOS and/or PFOA[,] 
 2020 PFOS and PFOA releases reported to EPA's Toxic Release Inventory (TRI)
These proxy sites may not capture actual release locations that will require reporting, and they do not reflect all sites where PFAS was used or released, but the national consistency and prevalence of historical use across sites in these sectors provides a reasonable starting point for examining demographic patterns.
Exhibit 4-2 summarizes several key demographics of the total populations near the universe of proxy sites and compares these demographics to U.S. national averages. The six key demographic categories examined are minority (reflecting an examination of both race and ethnicity; minority is defined as populations excluding non-Hispanic White), poverty level, linguistic isolation, education, age (specifically population less than five years old and greater than 64 years old), and age of housing.  
                                       
                                  Exhibit 4-2
Proportions of Key Demographics in the Total Near Site Population and the Total U.S. Population
 Demographic Category
Population within 1 or 3 miles of a Plastics Material and Resin Manufacturer and/or a Release Reported to TRI
                 Population within 1 or 3 miles of a DOD site
               Population within 1 or 3 miles of a Large Airport
         Population within 1 or 3 miles of a Small or Medium Airport 
U.S. Population

                                    1 mile
                                    3 miles
                                    1 mile
                                    3 miles
                                    1 mile
                                    3 miles
                                    1 mile
                                    3 miles

Race
                                                                               
                                                                              
                                                                              
                                                                               
                                                                               
                                                                               
                                                                               
                                                                              
Asian
                                     6.02%
                                     6.82%
                                     7.93%
                                     7.42%
                                     6.22%
                                     8.16%
                                     3.73%
                                     4.34%
                                     5.39%
Black/African American
                                    22.58%
                                    23.56%
                                    15.83%
                                    16.34%
                                    14.51%
                                    17.03%
                                     9.04%
                                    10.26%
                                    12.65%
Hawaiian/Pacific Islander
                                     0.06%
                                     0.08%
                                     1.07%
                                     0.55%
                                     0.36%
                                     0.33%
                                     0.19%
                                     0.19%
                                     0.18%
Native American
                                     0.44%
                                     0.36%
                                     0.78%
                                     0.75%
                                     0.71%
                                     0.74%
                                     0.91%
                                     0.84%
                                     0.83%
Other
                                     7.80%
                                     7.76%
                                    10.94%
                                    10.73%
                                    11.65%
                                    12.90%
                                     7.23%
                                     7.65%
                                     8.26%
Minority
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
Minority
                                    48.49%
                                    48.91%
                                    50.94%
                                    50.63%
                                    48.71%
                                    56.70%
                                    32.11%
                                    34.71%
                                    39.56%
Ethnicity

 
 
                                       
                                       
                                       
                                       
 
Hispanic (any race)
                                    17.31%
                                    16.06%
                                    21.77%
                                    22.98%
                                    24.38%
                                    28.39%
                                    16.13%
                                    16.97%
                                    18.65%
Poverty Level
                                                                               
                                                                              
                                                                              
                                       
                                       
                                       
                                       
                                                                              
Households below the poverty level
                                    18.76%
                                    16.65%
                                    13.80%
                                    14.61%
                                    13.56%
                                    15.31%
                                    12.17%
                                    13.01%
                                    13.70%
Households with a ratio of income to poverty level of two and below
                                    39.95%
                                    36.70%
                                    34.37%
                                    34.58%
                                    62.68%
                                    62.34%
                                    30.73%
                                    31.82%
                                    32.34%
Other Demographics
                                                                               
                                                                              
                                                                              
                                       
                                       
                                       
                                       
                                                                              
Linguistically isolated households
                                     4.17%
                                     4.44%
                                     5.32%
                                     6.34%
                                     6.51%
                                     9.16%
                                     3.10%
                                     3.61%
                                     5.08%
Less than a High School Education
                                     9.55%
                                     8.97%
                                     7.58%
                                     8.59%
                                     8.82%
                                    10.76%
                                     8.11%
                                     8.13%
                                     8.44%
Under 5 years of age
                                     6.25%
                                     6.26%
                                     7.20%
                                     6.78%
                                     7.30%
                                     6.82%
                                     6.26%
                                     6.26%
                                     6.13%
Over 64 years of age
                                    12.98%
                                    13.73%
                                    12.08%
                                    13.21%
                                    11.04%
                                    12.55%
                                    15.55%
                                    15.23%
                                    15.29%
Structures Built Pre-1960
                                    53.59%
                                    48.48%
                                    25.71%
                                    29.73%
                                    28.13%
                                    34.50%
                                    21.64%
                                    24.78%
                                    28.01%
Total U.S. Population Captured in Proximity
% of U.S. Population Captured in Proximity
                                     0.15%
                                     1.42%
                                     2.55%
                                    10.08%
                                     0.12%
                                     2.83%
                                     2.57%
                                    23.87%
                                     100%

This initial, high-level assessment suggests that populations within one or three miles of these sites vary based on site type:
 Plastics material and resin manufacturers and/or releases reported to TRI - the average population within one or three miles of a plastics material and resin manufacturer and/or a release reported to TRI has higher rates of households experiencing poverty, older housing stocks, and larger percentages of minority residents than the U.S. averages for these demographics. Specifically, a much higher percentage of Black residents live near plastic material and resin manufacturers reporting to the TRI. The remaining variables are generally similar to (i.e., within +/- 10 percent of) U.S. average populations. 
 Operating DOD facilities - the average population within one or three miles of a DOD site has larger percentages of minority residents than the U.S. average, also driven in large part by a notably higher percentage of Black residents. Populations near DOD sites are within +/- five percent of the U.S. average in all other metrics.
 Airports and airfields  -  Because airports across the country vary widely in size, this analysis categorizes them into three general size classes: small, medium, and large. For presentation purposes, this analysis presents large airports separately and groups the remaining two size categories, small and medium. The average population within one or three miles of a small or medium airport is similar to the U.S. average for all demographic variables, reflecting the larger number and geographic distribution of these types of airports and airfields in the U.S. In contrast, populations within one or three miles of a large airport have higher rates of households experiencing poverty and larger percentages of minority residents. The remaining variables are generally similar to (i.e. within +/- 10 percent of) U.S. average populations.     
These findings, combined with the uncertainty surrounding the location of future releases, are indicative of potential impacts but do not provide a clear indication of the type of disparities related to potential exposure to PFAS. Consistent with the priorities outlined in Executive Orders 12898 and 14008, it is unclear whether the proposed regulation will have a significant impact on disadvantaged populations or communities with environmental justice (EJ) concerns relative to other communities. While the locations of reporting releases are unknown, to the extent that these proxy locations are representative of likely reporting locations, this screening analysis suggests that the reporting required under the rule may provide better information to nearby populations potentially at risk of exposure, including communities with EJ concerns. Because releases reported to TRI mostly involve disposal or manufacturing sites, demographic data around plastics material and resin manufacturer sites and historical releases may be a more reliable predictor of the type of community potentially affected by this proposed rulemaking. Specific site conditions and demographic patterns may become clear as reporting occurs following completion of a final rule.  
Although the impact of the findings in this analysis are unclear, published literature supports the conclusion that PFAS reporting can help minority and low-income populations. For instance, reported data from Northeastern University's Social Science Environmental Health Institute show that minority and low-income populations are disproportionately exposed to PFAS as nearly 39,000 more low-income households (15% more than the expected based on U.S. census data) and approximately 295,000 more people of color (22% more than expected) live within 5 miles of a site contaminated with PFAS.In addition, information on the broader links between PFAS exposure and communities with EJ concerns continues to emerge. An August 2021 report the Natural Resources Defense Council examined exposure to PFAS in drinking water in California and found that at least 69 percent of state-identified disadvantaged communities have PFAS contamination in their public water systems, and a number of these communities have levels of PFAS contamination that are higher than average. 
As research continues to expand understanding about the distribution of PFAS impacts, it is important to note that this proposed regulation will result in more information about the location and extent of releases. This improved information will not increase risk for communities with EJ concerns and may improve the speed and design of remediation.  EPA is committed to minimizing and/or eliminating existing barriers and burdens that communities with environmental concerns may encounter related to accessing data and information collected as a result of this rulemaking, if finalized. EPA seeks comment on strategies to improve access to the reporting data expected to be collected, if designation of PFOA and PFOS as hazardous substances is finalized, for communities with environmental justice concerns.
 4.3.3  Analytic Limitations 
The following methodological assumptions and limitations affect the demographic analysis:
 Due to data limitations regarding the current manufacture and uses of PFAS, this analysis cannot predict where exposures and releases of PFAS are likely to occur. Instead, this analysis uses operating DOD facilities, plastics material and resin manufacturers, releases reported to TRI, and operating airports and airfields (locations with demonstrated historical use of PFAS) to proxy areas with potential PFAS exposures and releases. However, these areas may not reflect actual release locations that would require reporting, and the buffers identified represent only an approximation of the potential risk of exposure to PFAS. Actual exposure patterns at specific sites could be highly local, variable, or extend past the three-mile buffers (e.g., in water systems). 
 The goal of this analysis is to examine the potential demographic impacts of highly local release and exposure patterns of PFOS and PFOA. Because of U.S. Census data limitations, this analysis pulls demographic data across entire census block groups, and may not accurately specific populations affected by a release where those populations vary within block groups. 
 Because PFAS exposure through drinking water is understood to be an important route of exposure where sources of drinking water are contaminated, an analysis of drinking water sources and their vulnerability to PFAS contamination would be important to understand potential risks for areas with releases. However, because future release locations are not known, this analysis would not provide additional insight at this time. 
 For sites without polygon data, this analysis relies on the use of centroids and one-mile and three-mile centric buffers to replicate site location and surface area, identifying the affected population as the entire population of any U.S. Census block group that falls within the buffer. Many sites in this universe have irregular site areas that do not align with a centroid-based model, and the shape and size of Census block groups varies with population density. This means that this analysis may not capture the specific populations around each site with accuracy, though patterns across a number of sites are likely robust. Specifically, this approach may undercount populations located near sites that are large and/or located in rural areas, where the area of each Census block group is large and centroids are less likely to fall within the buffer.
4.3.4  Supplementary and Sensitivity Analyses 
To measure the effectiveness of centroids in characterizing sites that could potentially release PFAS, this RIA examines demographic characteristics for specific sites using EPA's EJSCREEN to validate and expand results to larger areas around sites to better capture populations in rural or other low-density areas (Exhibit 4-4). Of the 15,816 sites examined in the analysis, 4,543 (or 29 percent) did not intersect with a census block group centroid within the three-mile buffer, resulting in a population count of "0" affected. As shown in Exhibit 4-3, the majority of airports that do not intersect with a census block group are characterized as "small". As a result, demographic information around these sites was not factored into average calculations presented in Exhibit 4-2. However, the vast majority of these sites are small airports, which overall are consistent with U.S. average population demographics. The centroid methodology created few empty data points for operating DOD facilities (52), plastics material and resin manufacturers (3), and TRI releases (0). Like Exhibit 4-2, Exhibit 4-3 illustrates the variability of demographic data across site type. On average, airports across the U.S. are surrounded by populations that reflect national averages in relevant demographic categories. Large airports, however, are more likely to be surrounded by minority and low-income populations than medium or small airports. Some DOD sites are surrounded by populations with higher concentrations of minority and low-income residents, but the majority of these sites are below the national averages for these metrics. In contrast, areas around plastics material and resin manufacturer sites and/or sites reporting releases to TRI, on average, are in areas with higher concentrations of minority residents and households experiencing poverty than the U.S. averages for these demographics, suggesting that releases related to manufacturing facilities could have environmental justice implications. 

                                  Exhibit 4-3
                      Demographics by Site and Site Type
                                  Site Type 
                                  Site Count
                  Do not intersect a Census Block at 3 miles
           Minority Population above the National Average at 3 miles
       Poverty Level (Households) above the National Average at 3 miles


# of Sites
% of Total Site Type
# of Sites
% of Total Site Type
# of Sites
% of Total Site Type
Airport and Airfields
                                                                         14,948
                                                                          4,488
                                                                            30%
                                                                          1,833
                                                                            12%
                                                                          4,014
                                                                            27%
      Large
                                                                            188
                                                                              1
                                                                             1%
                                                                            101
                                                                            53%
                                                                             81
                                                                            43%
      Medium
                                                                            678
                                                                            116
                                                                            17%
                                                                            212
                                                                            31%
                                                                            277
                                                                            41%
      Small
                                                                         14,082
                                                                          4,370
                                                                            31%
                                                                          1,520
                                                                            11%
                                                                          3,656
                                                                            26%
DOD Facilities
                                                                            762
                                                                             52
                                                                             7%
                                                                            312
                                                                            41%
                                                                            329
                                                                            43%
Plastics Material and Resin Manufacturers 
                                                                             98
                                                                              3
                                                                             3%
                                                                             46
                                                                            47%
                                                                             50
                                                                            51%
TRI Historical Releases
                                                                              7
                                                                              0
                                                                             0%
                                                                              4
                                                                            56%
                                                                              5
                                                                            71%
Total
                                                                         15,816
                                                                          4,543
                                                                            29%
                                                                          2,195
                                                                            14%
                                                                          4,398
                                                                            28%

As an additional check, this RIA examines four- and five-mile buffers around the 2020 PFOS and PFOA releases reported to TRI using EPA's EJSCREEN tool. In Exhibit 4-4, these results are presented next to the results of the one- and three-mile buffers calculated for this RIA. For these nine sites, the one-mile buffer does not capture populations at three sites, including Cottage Grove, which reported to TRI that PFAS was released for disposal. This information suggests that the one-mile buffer may not accurately capture representative demographic data in surrounding communities for some key sites in the universe, such as large manufacturing facilities. The three-mile buffer appears to capture demographics for the community with more accuracy. With the exception of Clean Harbors El Dorado LLC, minority demographics minimally change as site buffers are expanded, confirming that the screening method is generally robust but should not be used for detailed site-specific characterizations. A site-by-site breakdown also presents a more complicated relationship between minority populations and potential PFAS release locations; the standard deviation for minority population around potential release sites is large. Generally, communities around these sites either have large or small minority populations, although most sites have above average minority populations, but more site-specific analysis would be required to fully characterize specific populations. Absent certainty about the locations of future releases, this analysis provides a general indication that releases related to manufacturing sites, in particular, as well as some active military sites, may have implications for communities with environmental justice (EJ) concerns. 

                                  Exhibit 4-4
                  Centroids Modeled Around TRI Release Sites
                                     Name
                                    1-mile
                                    3-mile
                                    4-mile 
                                    5-mile

Population
Minority
Population
Minority
Population
Minority
Population
Minority
3M Cottage Grove
                                                                              0
                                                                             0%
                                                                         17,011
                                                                            19%
                                                                         30,066
                                                                            16%
                                                                         50,198
                                                                            15%
BASF CORP - Freeport Site
                                                                          1,199
                                                                            67%
                                                                         23,526
                                                                            59%
                                                                         38,980
                                                                            56%
                                                                         56,440
                                                                            54%
Clean Harbors Deer Park LLC
                                                                          8,589
                                                                            89%
                                                                         68,467
                                                                            92%
                                                                        159,187
                                                                            92%
                                                                        275,545
                                                                            91%
Clean Harbors El Dorado LLC
                                                                          1,565
                                                                            77%
                                                                         11,618
                                                                            70%
                                                                         19,042
                                                                            53%
                                                                         21,007
                                                                            51%
Clean Water Environmental LLC
                                                                          3,782
                                                                            66%
                                                                         21,654
                                                                            83%
                                                                         45,707
                                                                            83%
                                                                         77,325
                                                                            78%
Heritage Thermal Services
                                                                          4,130
                                                                            12%
                                                                         18,317
                                                                            10%
                                                                         24,474
                                                                             7%
                                                                         32,046
                                                                             8%
TM Deer Park Services LP
                                                                              0
                                                                             0%
                                                                           6337
                                                                            56%
                                                                         24,665
                                                                            55%
                                                                         63,321
                                                                            55%
Vickery Environmental Inc
                                                                              0
                                                                             0%
                                                                          1,949
                                                                             8%
                                                                          3,088
                                                                             8%
                                                                          9,162
                                                                             9%
Wayne Disposal Inc
                                                                          6,979
                                                                            42%
                                                                         28,971
                                                                            36%
                                                                         41,545
                                                                            34%
                                                                         63,571
                                                                            35%
National Average (TRI Releases)
                                                                         26,244
                                                                            59%
                                                                        197,850
                                                                            62%
                                                                        386,754
                                                                            65%
                                                                        648,615
                                                                            65%

4.4  Impacts on Children's Health Analysis
Executive Order 13045, "Protection of Children from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), applies to any rule that: (1) is determined to be "economically significant" as defined under E.O. 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.
This action is not subject to Executive Order 13045 because it is not economically significant.  Beyond the requirements of EO 13045, EPA's 2021 Policy on Children's Health (October 5, 2021) requires EPA to consistently and explicitly consider early life exposures and lifelong health in all human health decisions. EPA believes that the environmental health or safety risk posed by exposure to PFOA and/or PFOS may have a disproportionate effect on children. A discussion of health and risk assessments related to PFOA and PFOS, including developmental and reproductive health effects, are contained in EPA's Health Effects Support Documents for PFOA and PFOS (2016).
4.5  Regulatory Planning and Review 
Under Executive Order 12866, "Regulatory Planning and Review" (58 FR 51735, October 4, 1993), EPA, in conjunction with the Office of Management and Budget's (OMB's) Office of Information and Regulatory Affairs (OIRA), must determine whether a regulatory action is "significant" and therefore subject to OMB review and the full requirements of the Executive Order. The Order defines "significant regulatory action" as one that is likely to result in a rule that may:
 Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
 Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
 Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
 Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.
Pursuant to the terms of Executive Order 12866, the Agency has determined that this action is a significant regulatory action that was submitted to the Office of Management and Budget (OMB) for review. The action may raise novel legal or policy issues arising out of legal mandates, the Presidents' priorities, or the principles set forth in the EO. Any changes made in response to the OMB recommendations have been documented in the docket. However, this proposed rule is not an economically significant regulatory action. Findings of the regulatory cost analysis (Chapter 3) indicate that the rule, as proposed, is projected to result in aggregate annual social costs of approximately $0 under the lower bound scenario, and approximately $0.37 million under the upper bound scenario. 
4.6  Unfunded Mandates Analysis
Signed into law on March 22, 1995, the Unfunded Mandates Reform Act (UMRA) calls on all federal agencies to provide a statement supporting the need to issue any regulation containing an unfunded federal mandate and describing prior consultation with representatives of affected State, local, and tribal governments.
The proposed rule is subject to the requirements of sections 202 and 205 of UMRA. In general, a rule is subject to the requirements of these sections if it contains "Federal mandates" that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. To the extent that state, local, or tribal governments are required to report releases under the proposed rule, it represents an unfunded mandate. However, this proposed action is not expected to impose an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531 - 1538, and does not significantly or uniquely affect small government entities as analyzed in Section 4.2 above.
4.7  Federalism Analysis
Executive Order 13132, entitled "Federalism" (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure "meaningful and timely input by state and local officials in the development of regulatory policies that have federalism implications." "Policies that have federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." EPA typically considers a policy to have federalism implications if it results in the expenditure by State and/or local governments in the aggregate of $25 million or more in any one year.
Under Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the regulation. 
This action does not have federalism implications as it will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
4.8  Tribal Government Analysis
Executive Order 13175, "Consultation and Coordination with Indian Tribal Governments" (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure "meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications."
This proposed action does not have tribal implications as specified in Executive Order 13175. Because the proposed rule is expected to result in minimal costs, EPA does not expect that it would result in any costs or adverse impacts on tribal entities. Thus, Executive Order 13175 does not apply to this rule.
4.9  Employment Impacts
The employment impacts of this action are likely to be minimal and include additional hours for the National Response Center (NRC), State Emergency Response Commissions (SERCs), and Local Emergency Planning Committees (LEPCs) employees who answer the phones and record information regarding releases and those NRC, SERCs, and LEPCs employees who input that data into the database. The reporting facilities will require employees to spend time making a release report. However, the per facility release costs associated with PFOA or PFOS above the RQ of 1 lb per 24 hours are estimated to be approximately $561. This low cost is not expected to affect the demand for labor at regulated facilities. 
Note, there may be some employment impacts resulting from federal property transfers. As described in Section 3.4, it is difficult to estimate the potential cost or impact resulting from these requirements. 

SOURCES CITED
California Air Resources Board, "Chemical Fume Suppressants Approved for Use at Specific Surface Tensions," September 6, 2016. Available: https://www.arb.ca.gov/toxics/chrome/fumesuppresslistfinal9.6.16.pdf
California Water Boards, "Water Boards PFAS Phased Investigation Approach," March 6, 2019. Available: https://www.waterboards.ca.gov/pfas/docs/7_investigation_plan.pdf
Environmental Protection Agency, "Envirofacts: TRI Search", July 2021. Accessed at: https://www.epa.gov/enviro/tri-search
Environmental Protection Agency, "Risk Management for Per- and Polyfluoroalkyl Substances (PFAS) under TSCA", 2021. Link: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-and-polyfluoroalkyl-substances-pfas
DHL. 2021. DHL eCommerce Solutions: Limited Quantity Policy. DHL. Accessed online Sept. 2021: https://www.dhl.com/content/dam/dhl/local/us/dhl-ecommerce/documents/pdf/us-ecommerce-limitied-quantity-transportation-policy.pdf
Federal Register. Environmental Protection Agency, 40 CFR Part 721 - Perfluoroalkyl Sulfonates; Significant New Use Rule, December 9, 2002. Accessed online December 2021: https://www.govinfo.gov/content/pkg/FR-2002-12-09/pdf/02-31011.pdf
Federal Register. Environmental Protection Agency, 40 CFR Part 721 - Perfluoroalkyl Sulfonates; Significant New Use Rule, March 11, 2002. Accessed online December 2021: https://www.govinfo.gov/content/pkg/FR-2002-12-09/pdf/02-31011.pdf
FedEx. 2021. Service Guide. Fedex. Accessed online September 2021: https://www.fedex.com/content/dam/fedex/us-united-states/services/Service_Guide_2021.pdf
Genualdi, Susan; Jowri deJager; and Timothy Begley. Center for Food Safety and Applied Nutrition, Food and Drug Administration. 2019. "Investigation of Per- and Polyfluoroalkyl Substances (PFAS) in U.S. food products", Presentation at the 29th annual European meeting of the Society of Environmental Toxicology and Chemistry
Hogue, Cheryl. "Governments Endorse Global PFOA Ban, With Some Exemptions," Chemical & Engineering News, May 6, 2019. Available: https://cen.acs.org/environment/persistent-pollutants/Governments-endorse-global-PFOA-ban/97/web/2019/05
Hogue, Cheryl. "Impacts of Used PFAS into U.S. Scrutinized," Chemical & Engineering News, March 3, 2019. Available: https://cen.acs.org/environment/persistent-pollutants/Imports-used-PFAS-US-scrutinized/97/i9 
ICF. 1985. Regulatory Impact Analysis of Reportable Quantity Adjustments Under Sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act. Volume 1:  A Report to the Oil and Hazardous Materials Spills Branch Office of Research and Development and Environmental Response Division, Office of Emergency and Remedial Response, U.S. EPA. EPA Contract 68-03-03182
Interstate Technology and Regulatory Council, "Regulations, Guidance, and Advisories for Per- and Polyfluoroalkyl Substances (PFAS)," January 2018. Available: https://pfas-1.itrcweb.org/wp-content/uploads/2018/01/pfas_fact_sheet_regulations__1_4_18.pdf
Interstate Technology and Regulatory Council, "History and Use of Per- and Polyfluoroalkyl Substances (PFAS)". April 2020. Available at: https://pfas-1.itrcweb.org/fact_sheets_page/PFAS_Fact_Sheet_History_and_Use_April2020.pdf
Lee, Susan, Avinash Kar, and Dr. Anna Reade, "Dirty Water: Toxic "Forever" PFAS Chemicals are Prevalent in the Drinking Water of Environmental Justice Communities." Natural Resources Defense Counsel, New York. 2021
Michigan Department of Environment, Great Lakes, and Energy, "Michigan Files Lawsuit Against 3M, DuPont and others for PFAS Contamination", 2020. Link: https://www.michigan.gov/pfasresponse/0,9038,7-365-86513_96296-517280--,00.html
Nadia Kounang, "FDA Confirms PFAS Chemicals are in the U.S. Food Supply," CNN. June 3, 2019. Available: https://www.cnn.com/2019/06/03/health/pfas-food-supply-fda/index.html
New York Department of Environmental Conservation, "PFOS/PFOA Facility Identification Survey", 2017. Link: https://www.dec.ny.gov/docs/remediation_hudson_pdf/pfoasurvey1.pdf
Northeastern University Social Science Environmental Health Research Institute, "Fayetteville Works Plant," 2019. Available: https://pfasproject.com/fayetteville-north-carolina/
Northeastern University Social Science Environmental Health Research Institute, "PFAS Contamination Site Tracker," December 2020. Available at: https://pfasproject.com/pfas-contamination-site-tracker/
Renner, R., 2006. The long and the short of perfluorinated replacements. Environ. Sci. Technol., 12e13.
Schultz, Melissa M., Christopher P. Higgins, Carin A. Huset, Richard G. Luthy, Douglas F. Barofsky, and Jennifer A. Field. Environmental science & technology. 2006. "Fluorochemical mass flows in a municipal wastewater treatment facility.", 7350-7357.
State of Washington Department of Ecology, "Toxics in Firefighting Law." https://ecology.wa.gov/Waste-Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals/PFAS/Toxics-in-firefighting
Stockholm Convention, "Guidance for the inventory of perfluorooctane sulfonic acid (PFOS) and related chemicals listed under the Stockholm Convention on Persistent Organic Pollutants," March 31, 2014. Available: http://chm.pops.int/Implementation/NIPs/Guidance/GuidancefortheinventoryofPFOS/tabid/3169/Default.aspx
Interstate Technology and Regulatory Council, "PFAS Fact Sheets," 2018. Available: https://pfas-1.itrcweb.org/fact-sheets/
U.S. Army Corps of Engineers, "DoD Sites", June 2021. Accessed at: https://catalog.data.gov/dataset/dod-sites-boundary & https://catalog.data.gov/dataset/dod-sites-point
United Nations Office for the Coordination of Humanitarian Affairs, "The Humanitarian Data Exchange: Airports in the United States of America", June 2021. Downloaded on June 18, 2021. Accessed at: https://data.humdata.org/dataset/ourairports-usa
United States Postal Service (USPS). 2021. HAZMAT Shipping Tutorial. Accessed online Sept. 2021: https://www.uspsdelivers.com/hazmat-shipping-safety/#step-4-1
UPS. 2021. 49 CFR Shipping Examples. UPS. Accessed online 2021: https://www.ups.com/us/en/help-center/packaging-and-supplies/special-care-shipments/hazardous-materials/49-cfr-examples.page?
U.S. Department of Health & Human Services, "Per- and Polyfluoroalkyl Substances (PFAS) and Your Health," January 10, 2018. Available: https://www.atsdr.cdc.gov/pfas/health-effects.html
U.S. Environmental Protection Agency, "Basic Information for Chemical Data Reporting," August 29, 2016. Available:: https://www.epa.gov/chemical-data-reporting/basic-information-chemical-data-reporting
U.S. National Response Team, "Regional Response Teams," February 2019. Available: https://www.nrt.org/sites/2/files/RRT_Factsheet_02142019%20final.pdf.

