- within Environment topic(s)
- in United States
- within International Law and Real Estate and Construction topic(s)
The U.S. Environmental Protection Agency (EPA) has posted a web page entitled “ Pesticides Containing a Fluorinated Carbon.” EPA states that among other classes of pesticides, it “occasionally receives and evaluates registration applications for products containing one or more fluorinated carbons.” According to EPA, per- and polyfluoroalkyl substances (PFAS) are defined “in certain contexts” as substances containing two or more fluorinated carbons, and in others as substances containing one or more fluorinated carbons. EPA notes that to date, it has not adopted a particular definition for the Office of Pesticide Programs (OPP) “because each substance is evaluated on a chemical-specific basis regardless of classification. ”
The web page includes a list of frequently asked questions (FAQ) regarding pesticidal substances containing a fluorinated carbon and how EPA evaluates them. EPA intends the FAQs to inform the public better about EPA's gold-standard science pesticide registration process. EPA notes that the web page “does not, and is not intended to, interpret or amend any regulatory or statutory provision, nor does it consider, decide, or prejudge any pending petitions for rulemaking under the pesticide program.” EPA states that it will not use the page for any regulatory purpose.
The FAQs include:
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA must ensure that any pesticide registered by the Agency does not pose unreasonable adverse effects on human health or the environment through comprehensive evaluation. EPA notes that this standard applies to every pesticide. EPA states that “[p]esticides containing one or multiple, partially or fully fluorinated carbons undergo the same rigorous, science-based assessment.”
EPA states that regardless of whether a pesticidal active ingredient has a fluorinated carbon, it conducts a comprehensive scientific assessment to evaluate any potential risks to human health or the environment on a chemical-specific basis, as well as any benefits from the use of the pesticide, before granting a registration under FIFRA.
According to EPA, many fluorinated compounds — especially shorter chain molecules, such as those containing only a single fluorinated carbon — can be a less toxic alternative compared to some legacy pesticides. EPA notes that some uses of these pesticides have also qualified for reduced risk status. EPA “individually evaluates every proposed pesticidal compound to ensure its use does not pose unreasonable adverse effects to human health or the environment and meets the standard for registration.”
According to EPA, pesticides containing a fluorinated carbon registered or proposed for registration by EPA in recent years have also been registered or are being considered for registration by other countries. This includes the European Union (EU), the United Kingdom (UK), Canada, Australia, Brazil, Argentina, New Zealand, and South Korea, among others.
-
Background on PFAS Definitions
EPA states that there is currently no single, commonly accepted
definition of PFAS. As reported in our October 3, 2023,
memorandum, in 2023, EPA's Office of Pollution Prevention
and Toxics (OPPT) in the Toxic Substances Control Act (TSCA)
Section 8(a)(7) PFAS reporting rule defined PFAS as a chemical
containing at least one of the following 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.
EPA states that in the 2023 rule's response to comments, OPPT explained that molecules containing a single, fully, or partially fluorinated carbon are less likely to persist in the environment or pose greater bioaccumulation or toxicity risks than molecules with two or more fluorinated carbons.
EPA notes that in 2021, “the Organisation for Economic Co-operation and Development (OECD) provided that ‘fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom (without any H/Cl/Br/I atom attached to it), i.e. with a few noted exceptions, any chemical with at least a perfluorinated methyl group (-CF3) or a perfluorinated methylene group (-CF2-) is a PFAS.' OECD qualified that its, ‘general definition of PFASs is based on molecular structure alone and serves as a starting and reference point,' and that, ‘individual users may define their own working scope of PFASs for specific activities according to their specific needs by combining the general definition of PFASs with additional considerations.'”
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
