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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations
studies is needed to confirm relevance, extract the data to assess the weight of evidence, and identify critical studies in order to inform future decision making.
EPA also received comments on the Agencys evaluation of the second statutory criterion under section 1412b1A of SDWA. Many commenters supported EPAs preliminary determination that PFOA
and PFOS meet the second statutory occurrence criterion under SDWA.
Several commenters stated that while they are supportive of using UCMR 3
data as the basis of nationwide drinking water occurrence for PFOA and PFOS, solely relying on these monitoring data may be an inaccurate reflection of PFOA
and PFOS exposure. The Agency also received comments and information on actions taken by a number of states to monitor PFOA, PFOS, and other PFAS
in PWSs, particularly in locations that were not previously required to conduct UCMR monitoring. Some commenters suggested that PFOA and PFOS UCMR
3 occurrence information used by EPA
in making the Preliminary Determination for PFOA and PFOS is not reflective of the actual occurrence of PFOS and PFOS within public water systems. These commenters stated that UCMR 3 monitoring excludes small public water systems and was conducted with high minimum reporting levels. Three commenters did not support EPAs preliminary determination that PFOA and PFOS
meet the second statutory criterion under SDWA. These commenters expressed concern that the data EPA
relied upon are outdated, are skewed, and overestimate current PFOA and PFOS occurrence. These commenters suggest that EPA should revise its occurrence analysis with more recent data prior to making a final determination.
EPA disagrees with those commenters who assert that UCMR 3 are not the best available occurrence data. EPA also disagrees that the UCMR 3 excludes small water systems and disagrees that the minimum reporting levels were too high. The UCMR 3 assured a nationally representative sample of 800 small drinking water systems and established minimum reporting levels based upon laboratory performance data that are lower than the HRLs for PFOA and PFOS. The UCMR 3 data are the best available information to assess the frequency and level of occurrence of PFOA and PFOS in the nations public water systems. After considering the public comments and additional occurrence data provided by commenters, EPA continues to find that PFOA and PFOS meet the second
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statutory criterion for regulatory determinations under Section 1412b1A of SDWA that the contaminant is known to occur or there is a substantial likelihood that the contaminant will occur in public water systems with a frequency and at levels of public health concern. Nonetheless, EPA agrees with commenters who recommend that the Agency consider other existing available occurrence data to inform its final regulatory determination and PFOA and PFOS
rulemaking. As discussed previously, the Final Regulatory Determination 4
Support Document presents a detailed discussion of state PFOA and PFOS
occurrence information that were analyzed and used to further support the Agencys finding that PFOA and PFOS occur in public water systems with a frequency and at levels of public health concern USEPA, 2021a.
EPA also received many comments on the Agencys evaluation of the third statutory criterion under section 14121412b1A of SDWA. Many commenters, including multiple state regulators and organizations representing states, agree with EPAs evaluation that regulation of PFOA and PFOS presents a meaningful opportunity for health risk reduction for persons served by PWSs. These commenters highlight the extensive amount of work associated with developing their own drinking water standards for several PFAS compounds.
These commenters also noted the need for a consistent national standard for use in states where a state-specific standard has not yet been developed.
Many commenters have also noted that although some states have developed or are in the process of developing their own state-level PFAS drinking water standards, regulatory standards currently vary across states. These commenters expressed concern that absence of a national drinking water standard has resulted in risk communication challenges with the public and disparities with PFAS
exposure. Some commenters noted there are populations particularly sensitive or vulnerable to the health effects of PFAS, including newborns, infants and children. One commenter did not support EPAs evaluation of the third statutory criterion, noting that in their opinion, the toxicity assessment for PFOA and PFOS and existing occurrence data do not suggest that establishing drinking water standards presents a meaningful opportunity for health risk reduction.
EPA acknowledges commenter concerns regarding sensitive and vulnerable subpopulations and notes
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that the Agency has been particularly mindful that PFOA and PFOS are known to be transmitted to the fetus via cord blood and to the newborn, infant and child via breast milk. EPA agrees with commenters that there is a need for protective drinking water regulations across the United States and that moving forward with a national-level regulation for PFOA and PFOS would provide improved national consistency in protecting public health and may reduce regulatory uncertainty for stakeholders across the country. The Agency disagrees with the commenters assertion that PFOA and PFOS health and occurrence information are insufficient to justify a drinking water standard, and the Agency finds that there is a meaningful opportunity for health risk reduction potential based upon consideration the population exposed to PFOA and PFOS including sensitive populations and lifestages, such as newborns, infants and children.
3. Considerations for Additional PFAS
As EPA begins the process to promulgate the NPDWR for PFOA and PFOS, the Agency recognizes that there is additional information to consider regarding a broader range of PFAS, including new monitoring and occurrence data, and ongoing work developing toxicity assessments by EPA, other federal agencies, state governments, international organizations, industry groups, and other stakeholders. While the Agency is not making regulatory determinations for additional PFAS at this time, the Agency remains committed to filling information gaps, including those identified in the PFAS Action Plan, by completing peer reviewed toxicity assessments and collecting nationally representative occurrence data for additional PFAS to support future regulatory determinations as part of the UCMR monitoring program see discussion below.
EPA committed in the PFAS Action Plan to characterize potential health impacts and develop more drinking water occurrence data for a broader set of PFAS USEPA, 2019b. EPA has followed through on its commitments and as a result expects to have peerreviewed health assessments and national occurrence data for more PFAS
becoming available over the next few years. EPA notes that although SDWA
does not require the Agency to complete regulatory determinations for the contaminants from the fifth CCL until 2026, because of the significant progress related to developing new high-quality PFAS information, combined with the Agencys commitment in the PFAS

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