PFAS National Primary Drinking Water Regulation; Correction (2024)

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Environmental Protection Agency (EPA).

Final rule; correction.

The U.S. Environmental Protection Agency (EPA) is correcting formatting and entry designations in a final rule that was published in the Federal Register on April 26, 2024. The Start Printed Page 49102 rule finalized National Primary Drinking Water Regulations under the Safe Drinking Water Act for five individual per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals). The rule finalized a NPDWR for two or more mixtures of PFNA, PFHXs, HFPO-DA and perfluorobutane sulfonic acid (PFBS). This document corrects formatting and entry designations in the final regulation.

Effective on June 25, 2024.

The EPA has established a docket for this action under Docket ID No. EPA-HQ-OW-2022-0114. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov.

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Alexis Lan, Office of Ground Water and Drinking Water, Standards and Risk Management Division (Mail Code 4607M), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number 202-564-0841; email address: PFASNPDWR@epa.gov.

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The EPA is making several corrections for inadvertent errors in the regulatory text for the final rule:

I. Does this action apply to me?

This action makes formatting changes for the incorporation of the April 26, 2024, final PFAS National Primary Drinking Water Regulation into the Code of Federal Regulations. The agency included in the April 26, 2024, final rule a list of those entities that may be potentially affected by the final PFAS National Primary Drinking Water Regulation.

II. What does this correction do?

The EPA issued a final rule in the Federal Register on April 26, 2024 (89 CFR 32532) (FRL 8543-02-OW), finalizing National Primary Drinking Water Regulations under the Safe Drinking Water Act for PFAS: PFOA, PFOS, PFHxS, PFNA, HFPO-DA, and as well as two or more mixtures of PFNA, PFHXs, HFPO-DA and PFBS. The EPA inadvertently listed incorrect entry designations in § 141.61. This document corrects the designation of entries in the tables in § 141.61(c)(1) and § 141.61(c)(2). With the corrections to § 141.61(c)(1) and § 141.61(c)(2), the subsequent tables in § 141.61(c) are also renumbered; tables 5 and 6 are changed to tables 3 and 4. These corrections to § 141.61 are also now reflected appropriately in amendatory instructions 7 and 8. This document corrects the final regulation.

III. Why is this correction issued as final rule?

Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a final rule without providing notice and an opportunity for public comment. The EPA has determined that there is a good cause for making this correction final without prior proposal and opportunity for comment, because the EPA inadvertently listed the designation of entries incorrectly in § 141.61 in the document published in the Federal Register . The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

Corrections

In FR Doc. 2024-07773 beginning on page 32532 in the Federal Register of April 26, 2024, the EPA is making the following corrections:

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1. On page 32744, in the third column, in § 141.60, in paragraph (a)(4), “The effective date for paragraphs (c)(34) through (40) of § 141.61 (listed in table 4 to paragraph (c)) is April 26, 2029.” is corrected to read “The effective date for § 141.61(c)(2)(i) through (vii) is April 26, 2029.”

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2. On page 32744, starting in the third column, amendatory instruction 8 for § 141.61 and the accompanying regulatory text are corrected to read as follows:

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8. Amend § 141.61 by:

a. In paragraph (a), revising the introductory text and adding a table heading;

b. In paragraph (b), revising the introductory text and the table heading;

c. Revising and republishing paragraph (c); and

d. Adding paragraphs (d) and (e).

The revisions and additions read as follows:

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