I. Definitions
a. European Union
The European Chemicals Agency (“ECHA”) first published a proposed ban on Per- and polyfluoroalkyl substances (“PFAS”) on July 15, 2021, and has been updated as of January 11, 2024. This proposed definition is located on the ECHA website:
https://echa.europa.eu/registry-of-restriction-intentions/-/dislist/details/0b0236e18663449b#:~:text=Further%20substance%20information,%2FI%20attached%20to%20it
The proposed definition is as follows:
“Per- and polyfluoroalkyl substances (PFASs) defined 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).
A substance that only contains the following structural elements is excluded from the scope of the proposed restriction:CF3-X or X-CF2-X’,
where X = -OR or -NRR’ and X’ = methyl (-CH3), methylene (-CH2-), an aromatic group, a carbonyl group (-C(O)-), -OR’’, -SR’’ or –NR’’R’’’,
and where R/R’/R’’/R’’’ is a hydrogen (-H), methyl (-CH3), methylene (-CH2-), an aromatic group or a carbonyl group (-C(O)-).”
b. United States – Federal
The United States Toxic Substances and Control Act (“TSCA”), as regulated by the Environmental Protection Agency (“EPA”), published a structural definition for reportable and recordable PFAS on October 11, 2023. This final definition was published in the Code of Federal Regulations 40 CFR Part 705.
The proposed definition is as follows:
“PFAS means any chemical substance that includes at least one of these three structures:
1) R-(CF2)-CF(R’)R’’, where both the CF2 and CF moieties are saturated carbons
2) R-CF2OCF2-R’, where R and R’ can either be F, O, or saturated carbons
3) CF3C(CF3)R’R’’, where R’ and R” can either be F or saturated carbons”
c. United States – State
As of February 2024, twenty-four States1 have adopted a version of the following definition for PFAS: “organic chemicals containing at least one fully fluorinated carbon atom.” Some of these definitions are specific to product categories, such as fire-fighting foams, food packaging materials, cookware or juvenile products. This definition is the most inclusive definition covering fluorinated-containing materials.
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1 States with common definitions are: AR, AZ, CA, CO, CT, GA, HI, IL, IN, KY, LA, MD, ME, MI, MN, NH, NV, NY, OH,
RI, VA, VT, WA and WI. Additional U.S. States Ban PFAS-Containing Products. (n.d.). UL Solutions. Retrieved September
7, 2023. https://www.ul.com/news/additional-us-states-ban-pfas-containing-products.