NAM to EU: Reconsider Burdensome PFAS Restrictions

A recently released draft opinion from the European Chemicals Agency’s Socio-Economic Analysis Committee generally proposes an “overly broad” restriction of per- and polyfluoroalkyl substances that could undermine manufacturers with operations or supply chains in the European Union.

What’s going on: In March, the ECHA launched a 60-day public consultation period on the SEAC’s opinion of the contemplated PFAS restrictions under the European Union’s Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation.

Why it’s important: Restricting an entire family of thousands of chemistries could result in the curbing of “substances [that] … are widely recognized as low-hazard and are critical to a strong manufacturing economy across sectors,” the NAM told the ECHA last week.

• As it stands, the REACH “restriction on PFAS being considered raises serious concerns for the manufacturing sector,” the NAM said.

The costs: If implemented, the proposed PFAS restriction would:

• Create significant challenges for manufacturers that would be forced to redesign products, modify equipment and more;
• “Cut against the EU’s own goals for resilience, strategic autonomy, industrial competitiveness and decarbonization” by undermining semiconductor production and other advanced manufacturing sectors; and
• Disrupt access to critical products where technically feasible alternatives are not yet available or fully validated for safety and performance.

What should be done: Instead of an overly broad PFAS ban, European decision-makers should consider that “substitution is not immediately feasible for all PFAS uses, and in some cases, it may not be possible to replace them at all while maintaining product integrity and customer safety,” the NAM continued.

The last word: “The final framework should include clear and durable derogations, full value-chain coverage, sufficient transition periods, a process for evidence-based extensions and exclusions where no feasible alternatives exist and lifecycle risks can be responsibly managed,” said NAM Director of Chemicals, Materials and Sustainability Policy Reagan Giesenschlag and NAM Vice President of Domestic Policy Chris Phalen.

• “Without these safeguards, the restriction could undermine the very policy objectives Europe is seeking to advance.”