EPA PFAS Definition (TSCA 8(a)(7))

Under the TSCA Section 8(a)(7) Reporting Rule (40 CFR Part 705), EPA defines PFAS as any chemical substance or mixture containing a chemical substance that structurally contains at least one of three sub-structures: (1) R–(CF2)–CF(R’)R”, where both CF2 and CF moieties are saturated carbons; (2) R–CF2OCF2–R’, where R and R’ can be F, O, or saturated carbons; and (3) CF3C(CF3)R’R”, where R’ and R” can be F or saturated carbons. This definition requires at least two fluorinated carbons, making it narrower than the OECD definition.

40 CFR § 705.3; EPA TSCA 8(a)(7) Final Rule (88 FR 70516, October 2023); EPA CompTox Chemicals Dashboard.

The EPA definition captures approximately 1,462 PFAS on the TSCA Inventory (770 active in commerce as of February 2023). It deliberately excludes substances with only one fluorinated carbon (like trifluoroacetic acid), which the OECD definition would cover. For compliance, companies must screen their chemical inventories against EPA’s specific structural criteria—not just look for any fluorinated compound. The EPA maintains a downloadable PFAS list for 8(a)(7) reporting that companies should use as a screening tool.

A pharmaceutical company uses a fluorinated solvent in its manufacturing process. The solvent contains only one –CF3 group with no additional fluorinated carbons. Under EPA’s TSCA 8(a)(7) definition, this solvent is NOT a PFAS because it requires at least two fluorinated carbons. Under the OECD definition, it would be classified as a PFAS.