NDAA PFAS Definition

The National Defense Authorization Act (NDAA) for Fiscal Year 2020 (§7351) provided a statutory definition of PFAS for the purposes of TSCA Section 8(a)(7) reporting. The NDAA defines a perfluoroalkyl substance as “a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms” and a polyfluoroalkyl substance as “a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.” This congressional definition framed EPA’s subsequent rulemaking.

Public Law 116–92, §7351 (NDAA FY2020); TSCA §8(a)(7).

The NDAA definition is important because it was the congressional mandate that required EPA to promulgate the TSCA 8(a)(7) reporting rule. EPA developed its own more specific structural definition for the final rule, but the NDAA’s broader conceptual framing establishes the statutory scope. Companies should be aware that different regulatory bodies (Congress, EPA, OECD, ECHA) use different PFAS definitions, and compliance obligations depend on which definition applies in each jurisdiction.

A company evaluating whether a fluorinated chemical falls within TSCA 8(a)(7) scope should check it against EPA’s specific structural definition in 40 CFR §705.3, not the broader NDAA conceptual definition. The NDAA definition is the statutory authority; EPA’s structural criteria are the operational compliance standard.