Preparing for Proposed PFAS Regulations: Industry Readiness

Per- and Polyfluoroalkyl Substances (PFAS) are manufactured chemicals and have been widely used since the 1940s. Their persistence in the environment and health concerns have prompted five EU Member States to propose restricting PFAS use under EU REACH chemicals legislation.

United Kingdom | 25 July 2024
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What are PFAS?

Per- and Polyfluoroalkyl Substances (PFAS) are manufactured chemicals known for their unique properties. They repel both water and oil, are resistant to corrosive chemicals, and can withstand wide temperature ranges. Since the 1940s, they have been increasing used in various products and industries, including manufacturing machinery, semiconductors, high-end lubricants, stain-resistant textiles, firefighting foams and cosmetics.

Available data suggests there are 6,000 to 10,000 unique PFAS substances, including widely known fluoropolymers like PTFE, PVDF, and EFTE, as well as other non-polymeric compounds.

Author

Rob Whiting

Associate Director, WSP

United Kingdom

What is the regulatory situation?

PFAS have unique properties that make them desirable but also raise concerns. PFAS are highly persistent in the natural environment, which is why the media have coined them ‘forever chemicals’. They can be absorbed through the skin and accumulate in the body. Monitoring studies in the United States (National Health and Nutrition survey (NHANES)¹) (2015) found PFAS in blood serum of 97% of Americans.

Many PFAS are linked to various health effects, including reproductive impacts, developmental effects on unborn children, digestive issues and potential carcinogenicity. Therefore, regulatory actions in the EU, UK, US and other jurisdictions have been undertaken to address PFAS contamination, for example in drinking water and groundwater.

¹National Institute of Environmental Health Sciences: Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) (nih.gov)

What changes are expected?

Five EU Member States have proposed a restriction on PFAS under the EU REACH chemicals legislation. This proposal aims to ban most PFAS uses while allowing for key exemptions. The European Chemicals Agency received the proposal in January 2023 and is currently reviewing and revising it. If adopted, this could be one of the most significant chemical restrictions globally. Other regions, including the UK, US, China and Canada, are also considering similar regulatory action.

What does this mean for industry?

The restriction of PFAS presents challenges for manufacturers, downstream users and society. In the short term (next two to five years), the challenge of substituting PFAS with alternative substances or processes can be summarised as follows.

Identification of PFAS Use:

Manufacturers must identify intentional PFAS use to prepare for the impending restriction.
Some may be unaware of PFAS presence in their supply chain due to widespread use.
Even indirect reliance on PFAS (e.g., in supplier’s manufacturing equipment or packaging) requires due diligence.

Tackling Over-Performance:

While PFAS provide optimal performance (e.g., in outdoor clothing), alternatives with lower performance may still be acceptable.
Discussing environmental and human health protection versus over-performance with consumers may be required.

Avoiding Regrettable Substitution:

The EU REACH restriction covers 6,000–10,000 substances.
Careful planning is necessary to prevent swapping one chemical of concern for another.

Navigating Regulatory Processes:

Ongoing EU processes and global regulatory actions impact supply chains.
Industry must adapt to changing regulations.

How should industry prepare for the EU PFAS restriction?

Key steps to prepare for EU restriction on PFAS and potential regulatory actions in other regions:

Assess PFAS Presence

Determine whether PFAS is intentionally or unintentionally present in manufactured products.
Identify where in the supply chain PFAS is used.
Conduct preliminary screening and risk assessment.

Undertake smooth transition planning

Based on the assessment, plan actions for a smooth transition over the next three to five years.
Consider promptly substituting PFAS in your products to proactively address increasing regulatory pressure, public scrutiny, and potential future liabilities.

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Stay informed on regulatory process

Monitor regulatory updates to understand potential exemptions and timing of enforcement.
Visit the European Chemical Agency’s website for detailed information.

How has WSP supported the work for substitution and management of the impacts of PFAS?

WSP helps governments, NGOs and the private sector understand and manage the issues associated with PFAS.

Identifying PFAS substances, their uses, their technical functions, and market data for how much of a specific PFAS is used.
Identification and assessment of alternatives, including their technical feasibility, cost, market readiness, and assessment for regrettable substitution (e.g., assessment for hazardous properties).
Site remediation, risk assessment of soil and groundwater, and treatment options for PFAS contamination.
Supply chain mapping and management of PFAS within the waste cycle, including determination of regulatory limits for PFAS in waste, and how those materials should be managed if deemed hazardous.

PFAS Management, Investigation and Treatment

Our team of professionals have been addressing Per- and Polyfluoroalkyl Substances (PFAS) impacts since the days when this class of contaminants was still unknown to many. Today, we continue to lead the way with practical, innovative approaches and ground-breaking technologies to help clients overcome the challenges posed by PFAS.