Revised PFAS Restriction Intention published on the ECHA website
A revised PFAS Restriction Intention has been published on the ECHA website. The PFAS scope definition has been better aligned with the OECD definition (see this EFCTC news item for more information about PFAS definitions), which excludes several fluorinated gases such as R-32, R-23, CF3I, R-152a, R-22.
“This definition is similar to the OECD definition, derived in 2021, which reads as: “PFASs are defined as 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. Series on Risk Management No. 61, 2021]. Substances meeting the chemical scope definition for this restriction proposal will therefore also meet the OECD PFAS definition.”
The expected date of submission of the dossier has been postponed to 13 January 2023 (originally 15 July 2022).
EFCTC and other trade associations have set out in detail why the F-gas Review is the most appropriate approach to control emissions of HFCs and HFOs by improving and applying containment measures. HFOs and HFCs play a crucial role in the context of the EU Green Deal and EU decarbonisation goals, including allowing a more widespread adoption of heat pumps, through their efficiency in use, excellent safety profiles, low flammability, and increased energy efficiency.
Regarding the reason for the restriction (set out below), EFCTC provided a comprehensive information package on HFCs and HFOs in response to the call for evidence in 2020. EFCTC believes that F-gases should be excluded from the REACH restriction due to their unique physical, chemical and (eco)toxicological properties. F-gases degrade completely in the atmosphere to substances that occur in nature. Some F-gases produce trifluoroacetic acid (TFA) as a by-product of their degradation but TFA is found in nature, with up to 200 million tonnes in the earth’s oceans. In its Summary Update 2020 for Policymakers, the UNEP Environmental Effects Assessment Panel has summarised this as part of its scientific conclusions for TFA: The current low concentration of trifluoroacetic acid (TFA) produced by the degradation of several hydrofluorocarbons (HFCs) and hydrofluoroolefins (HFOs), is currently judged not to pose a risk to human health or to the environment. See March 2021 newsletter item for a more detail report of the EEAP summary.
Further details about the revised Restriction Intention
From the revised PFAS Restriction Intention published on the ECHA website.
Details on the scope of restriction: Restriction on manufacture, placing on the market and use of PFAS.
Reason for restriction: PFAS are, or ultimately transform into, persistent substances, leading to irreversible environmental exposure and accumulation. Due to their water solubility and mobility, contamination of surface, ground- and drinking water and soil has occurred in the EU as well as globally and will continue. It has proven very difficult and extremely costly to remove PFAS when released to the environment. In addition, some PFAS have been documented as toxic and/or bioaccumulative substances, both with respect to human health as well as the environment. Without taking action, their concentrations will continue to increase, and their toxic and polluting effects will be difficult to reverse.
Remarks: Stakeholders are requested to provide relevant information to the Dossier Submitter. If justified based on robust risk and socio-economic information the Dossier Submitter may propose derogations from the proposed restriction. If a derogation is not proposed by the Dossier Submitter, then it will be incumbent on the relevant stakeholders to do so during any consultation process with a full risk and socio-economic justification accompanying it.