What does the future hold for Per- and Polyfluoroalkyl Substances (PFAS) in the EU?
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PFAS (Per- and Polyfluoroalkyl Substances) are a large family of man-made substances gaining attention globally owing to their persistence and toxicity to humans and ecological health. There are more than 12000 PFAS, and these have an array of uses in a variety of products and industrial applications since the 1940s. Therefore, legislative action needs to be, and in some cases already has been, implemented to effectively manage PFAS and minimise their impacts.
What are PFAS?
Definition
PFAS are fluorinated substances that contain at least one fully fluorinated methyl (–CF3) or methylene group (–CF2–). This definition was issued by the OECD/UNEP Global PFC Group in July 2021 in their ‘Reconciling Terminology of the Universe of PFAS: Recommendations and Practical Guidance’.
Substance Lists
There are two main PFAS lists, which provide a comprehensive account of PFAS:
OECD/UNEP Global PFC Group’s Toward a New Comprehensive Global Database of PFAS (published: 4 May 2018; 4730 PFAS); and
U.S. EPA’s PFAS Master List of PFAS Substances (published: 10 August 2021; 12039 PFAS).
Uses of PFAS
According to the National Institute of Environmental Health Sciences, PFAS are “a large, complex, and ever-expanding group of manufactured chemicals that are used around the world to make various types of everyday products.” Examples include:
Fire extinguishing foam: foams used in training and emergency response events at airports, shipyards, military bases, firefighting training facilities, chemical plants, and refineries;
Food: in fish caught from water contaminated by PFAS and dairy products from livestock exposed to PFAS;
Food packaging: grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes and candy wrappers;
Carpets: stain and water-repellent carpets and rugs;
Clothing: clothing and other fabrics;
Household items: cleaning products, non-stick cookware, paints and sealants;
Personal care products: shampoos, dental floss and cosmetics; and
Biosolids: fertiliser from wastewater treatment plants used on agricultural lands
Concerns about PFAS
With the extensive production and use of PFAS globally, there is an increased risk of widespread PFAS migration into the soil, water and air. These substances can be very mobile, which results in their ability to travel long distances. In addition, the presence of C-F bonds – which are among some of the strongest chemical bonds in organic chemistry, make it difficult for many PFAS to degrade (i.e. the substances are persistent and therefore referred to as ‘forever chemicals’). Consequently, they can build up in animals, plants and people over time, especially with repeated exposure. This bioaccumulation can lead to toxic effects such as cancer, immune system dysfunction, liver damage, reproductive harm and endocrine disruption.
How are people exposed to PFAS?
As well as the presence of PFAS in soil, water and air, PFAS can be found in:
drinking water;
food;
food packaging;
household products and dust;
personal care products;
soil and water at or near waste sites;
fire-extinguishing foam; and
manufacturing or chemical production facilities that produce or use PFAS.
Research shows that humans can be exposed to PFAS in a number of ways (some examples are provided above). There are also studies that show the presence of PFAS in the blood of humans and animals. Therefore, regulating PFAS is imperative in order to minimise or avoid its toxic effects.
Is there a future for PFAS in the EU?
The EU is one of the most active regions/countries in taking action to combat the toxicity concerns of PFAS with significant movement to ban these substances. Examples of legislation that regulate certain PFAS groups in the EU include:
Persistent Organic Pollutants Regulation;
REACH Regulation restrictions (Annex XVII) for perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-14 PFCAs), their salts and precursors;
REACH Regulation Candidate List of substances of very high concern (SVHC);
Classification, Labelling and Packaging (CLP) Regulation; and
Drinking Water Directive.
Future actions in the EU
Having established the issues surrounding PFAS, moving forward, a surge in PFAS regulatory activity can be anticipated in the EU. In line with the EU’s Chemicals Strategy for Sustainability (published: October 2020), there are two notable PFAS restrictions that are upcoming under the EU REACH Regulation:
ban on the use of PFAS in firefighting foams (submission of restriction proposal to ECHA: January 2022); and
ban on a wide range of uses for PFAS (submission of restriction proposal to ECHA expected: July 2022).
The aforementioned proposals aim to prohibit the production, marketing and use of PFAS in firefighting foams and various other uses throughout Europe. Exceptions are likely to apply for certain uses that are deemed to be for ‘essential use’ such as medical applications. After summer 2022, ECHA’s scientific bodies and socio-economic analysis committee will assess the REACH restriction dossier and deliver a final agreement. Therefore, the ‘end’ could be near for PFAS in the EU, especially with the upcoming ban on various PFAS uses, which is expected to enter into force in 2025.
How can Yordas help?
Yordas closely monitors developments and offers a range of services to help you navigate all necessary steps needed to comply with changing regulations. For guidance with data reporting or if you have questions about PFAS, get in touch with us today by sending a message here.