All you need to know about the use of PFAS in the EU Region
Per- and polyfluoroalkyl substances (PFAS) are categories of synthetic chemicals with varied applications in different industries. These are basically carbon-fluorine bond chemicals and considered to be the strongest bonds. They are used in applications such as food processing, electronics, aviation, and medical devices due to their stable properties, such as being heat stable and repellent to water and oil. The new trend is to replace long chain bonds with small chain bonds to reduce impact on human health and the environment since they are resistant to degradation. The impact on human health and the environment can be from direct or indirect release of these chemicals through food (example: fish from PFAS contaminated waters), skin contact (use of cosmetics containing these harmful substances) and also through air contamination. The impact of PFAS on Human health Toxic for reproduction causing damage to foetus. Carcinogenic Endocrine disrupters The impact of PFAS on Environment Air-water contamination due to the presence of carbon and fluorine bonds. Due to their resistance to degradation, they accumulate in the environment, contaminating ground water and air and causing toxic effects. PFAS regulatory obligation The use of PFOS (perfluorooctane sulfonic acid) and PFOA (perfluorooctanoic acid) is already restricted under the Stockholm convention as well as under EU POP (persistent organic pollutants). Furthermore, perfluorohexane sulfonic acid (PFHxS) is being considered for global restrictions and elimination. There are a number of PFAS compounds that are included in REACH SVHCs. Essentially, they affect the environment through drinking water and food contacts through meat products due to their persistence, mobility, and toxicity. For more information about PFASs and the implications they have on your products, please contact one of our compliance experts.
Illinois proposes Groundwater Standard for PFAS
The State of Illinois has proposed new law to address the threat presented by per- and polyfluoroalkyl substances (PFAS) known as “forever chemicals”. These compounds are highly stable in the environment and can be detected even at extremely low concentrations (parts per trillion). They have been used in many areas because of their unique physical and chemical properties, and are commonly found in cleaning products, water-resistant clothing, Nonstick cookware, stain-resistant carpets and fabrics, grease-proof papers, fast food containers, pizza boxes, and candy wrappers. As of January 1, 2022, the law prohibits the manufacture, sale, distribution for sale, and distribution for use of Class B firefighting foam containing PFAS. In addition, the state has proposed a rule to set groundwater quality standards for five chemicals containing PFAS. Perfluorobutane Sulfonic Acid (PFBS) Perfluorohexane Sulfonic Acid (PFHxS) Perfluorononanoic Acid (PFNA) Perfluorooctanoic Acid (PFOA) Perfluorooctane Sulfonic Acid (PFOS) This groundwater standard by the State of Illinois is much stricter than the health based standard currently published by the US EPA. This state action will lead to enforcement and cleanup actions at sites with measurable levels of PFAS in groundwater. The term “PFAS” refers to a class of chemicals found in industrial and consumer products that are known to remain in the body for an extended period of time. Federal and state environmental agencies set the cleanup targets for soil and groundwater. Our compliance specialists at ComplianceXL are available to assist you in obtaining the data you need to determine which of your products are subject to the EPA’s final ruling on long-chain PFAS in surface coatings. Our supplier engagement team will assist you in gathering and verifying necessary compliance documentation so you can stay up-to-date on EPA’s regulatory compliance requirements across the country. Our regulatory expertise also enables us to help you keep up with regulatory priorities as they develop and evolve under any global regulation.
Additional Four PFAS maybe Designated as RCRA Hazardous Wastes
On October 26, 2021, the U.S. EPA announced that it would initiate two rulemakings to address PFAS contamination across the country. In the first rulemaking, four of the so-called “forever chemicals” will be designated as hazardous wastes under the Resource Conservation and Recovery Act (RCRA). Solid wastes, such as garbage and sludge from water treatment plants, wastewater treatment plants, or pollution control facilities, and other discarded material, result from industrial, commercial, mining, agricultural, and community activities, are regulated by RCRA. Solid wastes are not limited to waste that is physically solid. Here are the four PFAS that will be subject to this rulemaking: Perfluorooctanoic acid (PFOA)- found in stain-resistant carpet, water-repellent clothes, paper and cardboard packaging, ski wax, and foams used to fighting fire Perfluorooctane sulfonic acid (PFOS)- found in leather, pesticides, firefighting foams, polishes, adhesives, paint Perfluorobutane sulfonic acid (PFBS)- found in environmental media and consumer products, including surface water, wastewater, drinking water, dust, carpeting and carpet cleaners, and floor wax Hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt – more commonly known as GenX- versatile fluorointermediate, used in the synthesis of fluoromonomers and fluoropolymers and lubricants. The announcement was made on the same day that the EPA released its latest evaluation of the toxicity of GenX. Among these four PFAS, GenX is considered the most toxic. GeneX is commonly used in nonstick coatings such as Teflon™, as a processing aid in fluoropolymer plastics. A review of the 2016 toxicity assessments for PFOA and PFOS will be done by the EPA. It will clarify EPA’s authority to conduct investigations and clean up for wastes that meet RCRA’s definition of PFAS. Through the RCRA corrective action process, EPA has set its goal to provide a clear view that emerging contaminants, such as PFAS, can be cleaned up. RCRA’s Regulation of PFAS, as well as other emerging contaminants, has broad implications. The Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) automatically lists hazardous wastes as hazardous substances by virtue of the Resource Conservation and Recovery Act of 1976 (RCRA). It is likely that existing Superfund sites will need to address PFAS contamination, which could result in the identification of new potential responsible parties. The EPA has not yet determined how it will deal with the closed sites that may contain PFAS. These rulemakings are responses to the petition from the Governor of New Mexico. By addressing PFAS contamination across the nation, they are building on EPA’s broader action plan. EPA has published a PFAS Strategic Roadmap. PFAS contamination is addressed in an integrated manner through 2024. The EPA needs to provide better guidance on disposal and destruction of PFAS to stakeholders. In accordance with the EPA’s Roadmap, the decision is expected to be made during the next year. Learn more about how these new additions to RCRA Hazardous Waste affect your compliance status, talk to one of our global compliance experts.
EPA plans for New Waste Water Regulation
On Sep 8, 2021, EPA released a Preliminary Plan 15, that identifies opportunities for better public Health protection and the environment protection through regulation of waste water pollution. Preliminary Plan 15 announced to take three new rulemaking to reduce the contaminants, mainly PFAS and nutrients, from industries. The preliminary plan is an effort by the EPA to reduce harmful PFAS (perfluoroalkyl or polyfluoroalkyl substances) levels found in wastewater treatment plants. The goal of this plan is to regulate PFAS chemicals entering public sewage treatment plants by establishing permissible levels for PFAS at one facility. The three new rulemakings will be initiated after conducting several studies as mentioned in Effluent Guidelines Program Plan 14. The agency has warranted revised Effluent Limitation Guidelines (ELG) and pre-treatment standards, to address PFASA and Nutrient discharges for: Organic Chemicals, Plastics and Synthetic Fibers category from facilities manufacturing PFAS. Metal Finishing category from Chromium electroplating facilities. Meat and Poultry Products category In particular, Preliminary Plan 15 proposes the following actions: to set new limitations for the Organic Chemicals, Plastics, and Synthetic Fibers industries to address the discharge of per- and polyfluoroalkyl substances (PFAS) from the PFAS manufacturing plants. to set new limitations for the Metal Finishing category to address PFAS discharges from chromium plating operations. to complete a detailed study of the Meat and Poultry Products and set new discharge standards for the industry. to publish a proposed Supplemental Rulemaking for the Steam Electric Power Generating industries. to initiate a detailed studies of PFAS discharges from the Landfills and Textile Mills industries. In addition, EPA’s Preliminary Plan 15 contains the results of studies of multiple industries, such as Metal Products and Machinery, Explosives Manufacturing, and Landfills, as well as an update on the PFAS Multi-Industry Study. PFAs stands for per- and polyfluoroalkyl substances. Its called Forever chemicals, because it gets accumulated in nature and Human body. EPA had already indicated in March, they have plans to regulate PFAS discharge, calling it a potential future rule making.
Perfluorooctanoic acid (PFOA)- Restrictions and deadline
Per-and polyfluoroalkyl substances (PFAS) are a large family of synthetic chemicals widely used in the society. PFOA is one of those families present in PFAS. Since they contain Carbon chain of different lengths and the Hydrogen atoms are completely or partly substituted by Fluorine atoms, they form a very stable bond and are not degradable in the environment. PFOA can be found in Non-stick pans, furniture, cosmetics, household cleaners, clothings, packaged food containers, furniture treatments products, food wraps, sprays for leather, shoes and paints. EU has taken a regulatory approach to reduce the usage of PFOA and its salts under Annex I to Regulation (EU) 2019/1021.PFOA is considered as a substance of concern because of 2 main reasons. Toxic for reproduction Persistent, Bioaccumulative and Toxic Substance Perfluorooctanoic acid has CAS number 335-67-1.PFOA salts and polymers comes with formula C7F15- , C8F17- .Below are the substances that are excluded from this designation:— C8F17-X, where X is F, Cl, Br. — C8F17-CF2-X′ or C8F17-C(=O) OH, C8F17-C(=O )O-X′ (where X′ is any group, including salts). Important dates: 4 July 2020 PFOA should not be used in equal to or more than 25ppb including its salts or 1000ppb of one or a combination of PFOA related substance in any substance/constituent, mixture or article. 4 July 2022 This rule will apply to the equipment used to manufacture semi-conductors and latex printing inks. 4 July 2023 The rule will apply to textiles for the protection of workers, and membranes intended for use in medical textiles, filtration in water treatment, production processes and effluent treatment, and plasma nano-coatings. 4 July 2032 The rule applies to medical devices other than implantable medical devices within the scope of Directive 93/42/EEC. The US Environmental Protection Agency also regulates PFOA. On Feb 20,2020, EPA proposed regulatory determinations for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking water. On March 10 2020, EPA issued initial regulatory determination under the safe drinking water act (SDWA) for PFOS and PFOA. They also started 60 -day public comment box which expired on May 11,2020. The public comment period is for interested parties to submit the input to EPA regarding on adverse health effect of substance, frequency of presence of this substance in water and health risk. A negative finding will lead to withdrawing preliminary determination. Our REACH compliance experts keep a tab on developments on REACH regulation and help organisations meet their compliance requirements. Our expertise combined with consultancy services and experience in consumer product supply chain provides an edge in understanding the specific requirement in such cases. Would you like to learn more about how ComplianceXL can support your REACH compliance activities? Talk to our compliance specialists today!