SPAN Calls for Harmonizing EPA’s PFAS Definition to Strengthen Management Programs
To effectively manage PFAS compounds, the EPA must standardize a definition that prioritizes commercially active substances.
The Sustainable PFAS Action Network (SPAN) urges the U.S. Environmental Protection Agency (EPA) to establish a clear and consistent definition of PFAS, prioritizing commercially active compounds by risk.
While SPAN is broadly supportive of the EPA’s PFAS Strategic Roadmap and appreciates its commitment to a risk-based management approach, the Agency currently acknowledges multiple definitions, leading state regulators and the U.S. Congress to use inconsistent and often ineffective definitions. This inconsistency means that well-studied compounds that have undergone rigorous toxicity testing before being approved by the Federal Government for commercial use – such as hydrofluoroolefins (HFOs) – will be subject to needless and repetitive scrutiny and the threat of unwarranted restriction.
In the past year, over ten states have considered class-wide PFAS legislation but have either enacted scaled-back measures or deferred action. This trend underscores a growing emphasis on risk-based PFAS management and highlights the need for EPA leadership in defining these substances more effectively. As state PFAS activities increase, it is crucial for the EPA to provide federal guidance and standardize its definition to ensure effective management of PFAS compounds nationwide.
Given the current regulatory landscape, SPAN has outlined several key benefits to standardizing a federal definition that focuses on commercially active PFAS.
Regulatory Clarity: Establishing a standard definition will provide certainty for industry stakeholders and policymakers, so that they can identify which compounds will need alternatives, while avoiding repetitive scrutiny of compounds that have already been thoroughly evaluated and approved for commercial use.
Identification and Remediation of Contaminated Sites: Ensuring the definition of PFAS focuses on substances most likely to exhibit characteristics affecting risk will enhance the effectiveness of identification and remediation.
Support for State Efforts: A standardized definition will help prevent duplicative and costly state reporting programs, allowing resources to be concentrated on managing high-risk compounds.
Federal Reporting Program: A federal definition paves the way for a more practical and manageable reporting system for commercially active PFAS and PFAS-containing products, reducing the burden on businesses and regulators.
A Step Forward with TSCA Reporting Rule
In 2023, the EPA finalized a PFAS reporting rule under the Toxic Substances Control Act (TSCA) Section 8(a)(7). The rule uses a targeted structural definition that responsibly prioritizes commercially active PFAS compounds.
The definition under TSCA Section 8(a)(7) is a positive step towards an effective and manageable program for reporting on commercially active PFAS and PFAS-containing products. A consistent, clear, and risk-based approach will ensure that future regulatory actions are focused on the compounds that pose the greatest risk.
EPA leadership is needed to establish a clear and consistent definition that prioritizes commercially active PFAS compounds. If the EPA remains committed to a risk-based management approach, it can establish a policy framework that prioritizes high-risk PFAS while safeguarding well-studied, low-risk substances like HFOs—which, under the EPA’s TSCA Section 8(a)(7) definition, are not considered to be a PFAS. This leadership will create regulatory clarity, improve the identification and remediation of contaminated sites, and support state management efforts. If the EPA remains consistent with this definition, the Agency can implement a targeted, risk-based approach that effectively addresses human health and environmental concerns while safeguarding critical industrial applications.
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