Answering Your Frequently Asked Questions About PFAS
How are PFAS defined and what PFAS definition should I use?
Globally, there is no unified definition for PFAS. The PFAS definition varies depending on the country/region, and in the case of the US, the specific states.
The OECD defines PFAS as “any substance that contains at least one fully fluorinated methyl (-CF3) or methylene (-CF2-) carbon atom (without any H/Cl/Br/I attached to it).” This is the most widely accepted definition for PFAS and one that ECHA has recently implemented for the EU PFAS restriction proposal.
In the US, the EPA in its recent TSCA 8(a)(7) Reporting and Recordkeeping Rule define PFAS as “including at least one of the following three structures:
R-(CF2)-CF(R’)R’’, where both the CF2 and CF moieties are saturated carbons;
R-CF2OCF2-R’, where R and R’ can either be F, O, or saturated carbons; and
CF3C(CF3)R’R’’, where R’ and R’’ can either be F or saturated carbons”
In contrast, several US states provide a broader definition: “PFAS are a class of fluorinated chemicals “containing at least one fully fluorinated carbon atom”.
Therefore, our recommendation would be to determine the PFAS definition to use based on the country/region/state you are concerned with.
Which PFAS will be subject to upcoming obligations/restrictions? Are there any specific lists?
There are several key PFAS lists, but it must be stressed that an exhaustive list does not exist! This is a question we most often receive from our clients. The vast differences in lists based on jurisdictions and frequent updates based on regulatory changes warrant regular monitoring and action.
The US EPA recently published three PFAS lists that meet the definition (see question 1 for definition) and thus reportable under the TSCA 8(a)(7) Reporting and Recordkeeping Rule:
CompTox Chemicals Dashboard PFAS List [11,409 substances; does not include polymers or UVCBs (Unknown or Variable compositions, Complex reaction products, and Biological materials); updated on December 2023];
SRS PFAS List (12,696 substances; updated in January 2024); and
Public List of TSCA PFAS for 8(a)(7) Rule (1,224 substances; updated in January 2024).
In addition, under the Emergency Planning and Community Right-to-Know Act (EPRCA) and the National Defense Authorization Act (NDAA), the EPA added 196 PFAS to the List of Chemicals of Special Concern that have specific reporting requirements.
Although the dossier submitters for the EU PFAS restriction proposal have estimated that there are over 10,000 substances that meet the (OECD) PFAS definition, a list of such substances has not been published. However, in 2017, the OECD published a list of PFAS (4,730 substances) that fulfil their PFAS definition.
Our advice here would be to screen your substances against the aforementioned list but to also check against the relevant PFAS definition.
Will ALL PFAS be “banned”?
The simple answer is NO.
While certain regions/states, such as the EU and Maine, are preparing to ban all uses of PFAS, essential/unavoidable uses of PFAS are exempt or subject to extended derogations. Additionally, there is still a lot of debate about whether fluoropolymers should be subject to these blanket bans. Fluoropolymers are key to several uses such as green technology, but there are concerns regarding human and environmental health.
At the federal level, the US EPA is considering a substance-based rather than a group-based approach for regulating PFAS, which is not likely to result in a blanket ban.
What steps can I take to prepare for the upcoming PFAS obligations/restrictions?
The first and key step is to identify any PFAS contained in your products. This may involve screening your chemical/material database, speaking to your suppliers/manufacturers, and/or testing your products to determine if you have any PFAS in your products. If PFAS are present or suspected to be present, then attention must turn to how to transition away from PFAS - alternatives assessment and implementation.
While you are on this PFAS journey, it is important to keep up-to-date with the latest regulatory updates and understand how these updates may impact you and your products. This will help you to stay on top of your chemical compliance!
Additionally, make sure to get your voice heard - ask questions and put forward your comments during public consultations.
Yordas Group can help you with each step to ensure you comply with PFAS regulations. With the rapidly changing nature of the PFAS regulatory landscape, such as the recent increased reporting requirements in the US, it’s imperative to stay on top of PFAS regulatory updates. This is where our Global Monitoring Team, a group of experts who specialise in monitoring and tracking global legislative updates, can assist and guide you. Coupled with our Yordas Hive chemical compliance software, in-house PFAS identification tool* and subject-matter experts across various areas, we can help you navigate through each step with ease, and provide you with the peace of mind you deserve!
*The PFAS Tool is a software (in-house) developed by Yordas Group that can screen substances to assess whether these are defined as PFAS according to e.g. the OECD/ECHA and US EPA PFAS definitions.
If you would like to gain more insight into PFAS regulations or to learn more about our PFAS-related services, get in touch with our Global Monitoring team. You can also subscribe to our newsletter to stay on top of future regulatory updates and changes.
About our expert
Jude Arokianathar, Product Stewardship Regulatory Consultant
Jude Arokianathar joined Yordas Group in 2021 as a Regulatory Consultant, following a Ph.D. in Organic Chemistry and MSci in Pharmaceutical Chemistry. He is part of the Product Stewardship team at Yordas Group, where he works closely with clients from various sectors such as automotive, aerospace and defense, and consumer to ensure their compliance with existing and upcoming chemical legislation. Jude specializes in PFAS-related legislation, and with his strong scientific and regulatory background, he provides clients with regulatory advice to assist them in preparing for upcoming PFAS bans/restrictions and participating in consultations. Additionally, he is responsible for preparing and delivering communications, including webinars, blogs and fact sheets, on PFAS and other substances of concern.