G/TBT/N/USA/1915  
7 September 2022  
(22-6660) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [1946]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS); Environmental 
protection (ICS code(s): 13.0 20); Domestic safety (ICS code(s): 13.120); Production in 
the chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS 
code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Designation of 
Perfluoroocta noic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA 
Hazardous Substances; (28 page(s), in English)  
6. Description of content:  Proposed rule - Under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amende d ("CERCLA" or 
"Superfund"), the Environmental Protection Agency (EPA or the Agency) is proposing to 
designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), 
including their salts and structural isomers, as hazardous substances. CER CLA authorizes 
the Administrator to promulgate regulations designating as hazardous substances such 
elements, compounds, mixtures, solutions, and substances which, when released into the 
environment, may present substantial danger to the public health or w elfare or the 
environment. Such a designation would ultimately facilitate cleanup of contaminated sites 
and reduce human exposure to these "forever" chemicals.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protectio n of human health or safety; Protection of animal or plant life or 
health; Protection of the environment  
8. Relevant documents:   
87 Federal Register (FR) 54415, 6 September 2022; Title 40 Code of Federal Regulations 
(CFR) Part 302:  G/TBT/N/USA/1915  
 
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  https://www.govinfo.gov/content/pkg/FR -2022-09-06/html/2022 -18657.htm  
https://www.govin fo.gov/content/pkg/FR -2022-09-06/pdf/2022 -18657.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OLEM -2019-0341. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OLEM -2019-0341/document  and provides access to primary and supporting documents 
as well as comments received. Documents are also accessible from Regulations.gov  by 
searching the Docket Number. WTO Members and their stakeholders are asked to submit 
comments to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 7 November 
2022. Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket  
on Regulations.gov if received within the comment period.  
9. Proposed date of adoptio n: To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  7 November 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_6012_00_e.pdf