Document 0gaBdqjmL8nLK40gvnZX7GG3O

Xylem's posion on the restricon of PFAS Contents 1 Summary ......................................................................................................................................... 2 2 Introducon to Xylem ..................................................................................................................... 4 3 Xylem's use of PFAS ......................................................................................................................... 7 3.1 Water and wastewater treatment .............................................................................................. 9 3.1.1 UV and Ozone.................................................................................................................... 11 3.1.2 Chlorinaon....................................................................................................................... 15 3.2 Instrumentaon and analycs .................................................................................................. 20 3.3 Pumps ....................................................................................................................................... 23 4 Specific examples of PFAS use by Xylem ....................................................................................... 27 5 The PFAS lifecycle in Xylem applicaons ....................................................................................... 28 6 Impacts of a ban............................................................................................................................ 30 6.1 Prospects for substuon ......................................................................................................... 30 6.2 Economic impacts ..................................................................................................................... 32 7 Conclusions ................................................................................................................................... 33 8 Annexes ......................................................................................................................................... 34 Annex A: List of Xylem brands........................................................................................................... 34 Annex B: Fluoropolymer uses in Xylem............................................................................................. 37 Annex C: Analysis of alternaves for fluoropolymers components in chlorine- based water treatment systems ............................................................................................................................ 40 1 1 Summary Xylem Inc welcomes the opportunity to respond to the public consultaon of proposal by five EU Member States to restrict under REACH the manufacture and use of per- and polyfluoroalkyl substances (PFASs) in the EU. The current restricon dossier idenfies a wide range of uses of PFAS, and proposes exempons and me-limited derogaons for a number of them. The ECHA public consultaon makes a specific request for informaon about uses which have not yet been idenfied in the dossier. Xylem's use of PFAS in water and wastewater treatment, liquid transport, monitoring and analysis have not been idenfied in the current dossier, and hence are not currently proposed for derogaon. This means that these uses will be banned 18 months aer entry into force of the restricon. Xylem believes that the impacts of such a ban would be disproporonate and a derogaon is jusfied. Moreover, Xylem considers that these uses of PFAS are safe and do not generate an unacceptable risk to human health or the environment which needs to be addressed at the EU level. Any risks which do occur would be more cost-effecvely managed through condions placed on manufacture, use and end-of-life. Xylem is a globally recognised leader in providing innovave water technology soluons. It is headquartered in Washington, but has facilies (sales, distribuon) in every EU country and across the globe. Xylem has research, development and manufacturing locaons in Germany, Sweden, Luxembourg, Italy and Hungary. The company's diverse porolio of products and services encompasses the enre water cycle, ranging from the collecon, transportaon, treatment, and distribuon of water to the responsible handling of wastewater and the advancement of smart technologies for water monitoring and analysis. Xylem is a downstream user of PFAS, more specifically fluoropolymers (including fluoropolyethers), and a global provider of high technology products and systems designed to effecvely meet the demands and challenges of every aspect of water, relang to pumping, piping, metering (flow measurement), analycal instrumentaon, treatment (ground, drinking and wastewater) and process control and maintenance (e.g., pipe inspecon). Xylem's products and services serve a wide range of industries and sectors including agriculture and irrigaon, aquaculture, boats and recreaonal vehicles, commercial shipping and ship building, construcon, chemicals, mining, oil and gas, pharmaceucals and life sciences, food and drink, commercial and residenal buildings, municipal drinking water treatment and supply, and municipal sewage handling and waste treatment. Xylem uses fluoropolymers in these applicaons because they provide a unique combinaon of essenal physical and chemical funconalies that ensure that components meet key technical and safety requirements, including: high chemical and thermal resistance elascity high abrasion resistance resistance to fouling and biofouling hydrophobicity low coefficient of fricon compliance with other surfaces (i.e. in valves and seals to prevent leakage) dielectric (electrical resistance) properes. 2 These properes mean the PFAS components (and hence the equipment they form part of) can operate in extremely harsh condions (temperature and pH extremes), reliably and safely. They allow the use of highly effecve polluon treatment technologies to achieve elevated levels of water quality and removal of contaminants. They enable sensive measurement to extremely low concentraons, so that known and emerging pollutants - including PFAS - can be accurately monitored and controlled. Despite being expensive relave to tradional materials, their reliability and high performance means they are highly efficient and cost-effecve, increasing process speeds and reducing energy use and maintenance requirements, and extending equipment lifemes. Alternave do exist, but it should be recognised that PFASs were developed and adopted directly in response to the inherent weaknesses of exisng materials. Engineering and other technological improvements over me can compensate for some of these weaknesses to an extent, but the materials themselves cannot be changed and hence their weaknesses will always remain. As explained in this submission, this means that banning PFASs in these uses would inevitably lead to a reducon in performance, less effecve treatment and less effecve polluon control. There will be an increased risk of leakages and accidents involving substances which can be hazardous. Equipment will be less efficient, less accurate, and will last for shorter periods and need more maintenance. Many thousands of exisng installaons in the EU will need to be rered prematurely and replaced at significant cost. This means a ban would be disproporonate, and a derogaon from the exisng proposal is jusfied. However, the Dossier Submiters recognise that losses of PFAS during the use stage of fluoropolymers are minimal. Emissions during the waste stage are also minimal, and can be effecvely eliminated if waste is incinerated according to standards recommended in the RAC opinion of PFAS fire-fighng foams. Any emissions during the manufacture of fluoropolymers can also be minimised through the use of appropriate process condions and workplace standards. Therefore, Xylem argues that seeking the substuon of PFAS in uses where they are crical, as is the case with the uses considered in this submissions, is not an appropriate way of addressing any risks they pose. Xylem encourages the Dossier Submiters, RAC and SEAC to undertake a more comprehensive assessment of regulatory management opons and to consider measures which target the risks more directly and allow the significant societal value of these uses of PFAS to be maintained. 3 2 Introducon to Xylem Xylem Inc. is a globally recognized leader in providing innovave water technology soluons. With a rich history spanning over a century, the company has consistently demonstrated its commitment to solving the world's most pressing water-related challenges. Headquartered in Washington, DC, Xylem operates as a dynamic and forward-thinking corporaon with a focus on delivering sustainable and efficient water management soluons across the globe. Xylem has facilies (sales, distribuon) in every EU country. Xylem also has research, development and manufacturing locaons in Germany, Sweden, Luxembourg, Italy and Hungary. Xylem's mission revolves around the fundamental importance of water in our lives. The company's diverse porolio of products and services encompasses the enre water cycle, ranging from the collecon, transportaon, treatment, and distribuon of water to the responsible handling of wastewater and the advancement of smart technologies for water monitoring and analysis. With a global presence and a dedicated workforce, Xylem plays a pivotal role in ensuring the availability and quality of water resources, safeguarding the environment, and empowering communies to thrive in an increasingly water-conscious world. Xylem's core values, key business segments, and its significant impact on addressing water-related challenges on a global scale. Xylem is a downstream user of PFAS, more specifically fluoropolymers (including fluoropolyethers)1, and a global provider of high technology products and systems designed to effecvely meet the demands and challenges of every aspect of water, from: pumping piping metering (flow measurement) analycal instrumentaon treatment (ground, drinking and wastewater) process control and maintenance (e.g., pipe inspecon). Xylem has more than 17,000 employees around the world who work together with our customers to solve the most crical global water and resource challenges by providing end to end soluons with unmatched porolio of products, soluons, and services. Xylem has 34 brand companies (Annex A) that specialize in specific water products and services sold in more than 150 countries including the EEA as shown in Figure 1. These products can be grouped into four main categories: Water and wastewater treatment technologies Instrumentaon and analycs (measurement and control) Pumps, valves, plumbing accessories 1 The following fluoropolymers have been idenfied to be used in Xylem products: Polytetrafluorethylene (PTFE), Polychlorotrifluoroethylene (PCTFE), Fluoroelastomers (FKM, FFKM), Polyvinylidenfluoride (PVDF), Ethylentetrafluorethylen (ETFE), ethylenechlorotrifluoroethylene (ECTFE), Fluorethylenpropylene (FEP, PFEP), Tetrafluoroethylene (TFE), Perfluoroalkoxy (PFA), Fluorinated high-density polyethylene (FLPE), Fluorinated polypropylene (FLPP) 4  Accessory material to the above e.g., electrical components (sensors, control panels, switches etc) Xylem's products and services serve a wide range of industries and sectors including: agriculture & irrigaon aquaculture boats & recreaonal vehicles commercial buildings commercial pools & water parks commercial shipping & ship building construcon environmental monitoring & analysis energy & power food & beverages general industry life sciences, pharma & bioprocess, mining & quarrying/aggregates municipal drinking water treatment & distribuon municipal sewage handling & waste treatment oil & gas, residenal With deep application expertise in the water industry, Xylem uses fluoropolymers to produce highly efficient water technologies that use less energy, reduce lifecycle costs and ensure the quality and safety of drinking water and protecon of the environment from the effects of polluted wastewater on users and the communities in which they operate. Figure 1: Xylem's global presence As currently proposed, a ban on all PFASs will have significant negave impacts on the water and wastewater industry and, as a result, European society. The impacts of a PFAS ban on many crical uses in the water and wastewater industry have not yet been idenfied and assessed in the Annex XV 5 report. This is a significant limitaon of the Annex XV report and is not consistent with evidence-based decision-making and the principle of beter regulaon. Xylem considers that the restricon proposed by the Dossier Submiters (i.e. a ban on all uses of PFASs), specifically for industrial and professional uses where risks can be controlled and releases minimised, is disproporonate, and will result in significant socio-economic challenges to the EU and unintended consequences for the provision of safe drinking water and the effecve treatment of wastewaters. An alternave restricon proposal, including a derogaon for the connued use of fluoropolymers in industrial and professional applicaons in the water industry where safety for human health and the environment are assured over their complete lifecycle, would be a more appropriate regulatory measure than a ban and would avoid disproporonate impacts to the EU. 6 3 Xylem's use of PFAS Xylem uses PFAS in a great number of products across four main product categories: Water and wastewater treatment technologies Instrumentaon and analycs (measurement and control) Pumps, valves and plumbing accessories Accessory material to the above e.g. electrical components (sensors, control panels, switches etc) A list of all the brands under the four categories and a brief descripon of the products they produce has been included in Annex A. Xylem uses fluoropolymers in these applicaons because they provide a unique combinaon of essenal physical and chemical funconalies that ensure that components meet key technical and safety requirements, including: high chemical and thermal resistance elascity high abrasion resistance resistance to fouling and biofouling Hydrophobicity low coefficient of fricon compliance with other surfaces (i.e. in valves and seals to prevent leakage) dielectric (electrical resistance) properes. Because of their relavely high cost, which varies from 2.5 mes to nearly 100 mes the cost of other natural or synthec elastomers, the use of fluoropolymers is limited to a very small percentage of all applicaons. Uses of fluoropolymers have already been substuted where this is possible, and they are used only when absolutely necessary. A key advantage of fluoropolymer materials over alternaves is that they have excellent chemical resistance to many highly aggressive liquids (as shown, for instance, in Figure 2), where standard elastomers will quickly fail. Even if alternaves can offer reasonable performance under certain circumstances, the range within which performance is acceptable is oen quite narrow. For instance, Figure 2 shows that some non-fluorinated polymers can be chemically compable at 20 C, but compability can fall at lower and/or higher temperatures. Fluoropolymers, however, maintain their elascity and sealing properes at temperatures where other standard elastomers will harden, oen within a few hours or days of use, and fail. Fluoropolymers are used in industrial applicaons when alternaves cannot offer the required combinaon of these properes over a wide-enough range of operang condions. As Xylem will demonstrate in this submission, alternaves on the market are not able to offer the required combinaon of properes to achieve the necessary level of performance for our uses. The use of these alternaves would lead to lower technical performance, shorter lifemes, system failures and increased maintenance. While some alternaves might have a similar performance to fluoropolymers for a parcular parameter or property, it is the combinaon of properes across the operang range that is required for our applicaons. 7 Figure 2: Classes of Substances at 20C, Chemical Compatibility Chart2 ETFE=Ethylene tetrafluoroethylene, FEP=Fluorinated ethylene propylene, TFE=Tetrafluoroethylene, FPA=Perfluoroalkoxy alkanes, FLPE=Fluorinated Polyethylene, FLPP=Fluorinated polypropylene, HDPE=High-density polyethylene, LDPE=Low-density polyethylene, PC=Polycarbonate, PETG=Polyethylene terephthalate glycol, PP=Polypropylene, PVC=Polyvinyl chloride, TPE=Thermoplastic elastomer Many of these alternave substances were used in the applicaons Xylem services decades ago, but were replaced by fluoropolymers which were developed in direct response to the inherent weaknesses in those alternaves. Therefore, banning fluoropolymers to force a return to these older materials will inevitably mean having to accept a reducon in performance. Some technological and engineering improvements might be able to compensate to an extent, but the performance weaknesses of these older materials are inherent and cannot be changed. Moreover, even if a new alternave can be idenfied - or even if an exisng, older material is to be reintroduced - it will sll need to be cerfied for use in drinking water applicaons, which entails tesng the materials regarding funconality i.e., performance, stability and quality; obtaining cerficaon from drinking water authories for materials and components and having the water system in which they will be used validated. This is a drawn-out, me-consuming process, and it is esmated it would take a minimum of 10 years from finding a new alternave to being ready to launch a new cerfied and validated product. A ban on the use of PFAS will consequently result in disproporonate impacts to society unless uses in water and wastewater applicaons are specifically acknowledged and differenated appropriately. 2 Chemical Compability Chart - LDPE, HDPE, PP, Teflon Resistance (calpaclab.com) 8 Due to the diverse use of fluoropolymers in Xylem's products and the short me for the public consultaon, we are unable to cover all the uses extensively. In this submission, we will demonstrate the uses of fluoropolymers in the three of the idenfied main categories using specific examples of water and wastewater treatment (ultraviolet (UV) and ozone systems, chlorinaon), analycal equipment and pumps. We outline the combinaon of properes (e.g. thermal and chemical resistance, corrosion and wear resistance) that the materials used in these applicaons should meet to ensure reliability and proper funconing. While we only use a few examples to illustrate the harsh operang condions for different Xylem products for which fluoropolymers are crical, these condions are applicable to the other sectors our products are used in. In the rest of this secon, we will describe Xylem's broad uses of PFAS, the condions they are required to operate in, and how alternaves compare, in three example applicaons: water and wastewater treatment; analycal instrumentaon; and pumps. 3.1 Water and wastewater treatment Xylem has a wide range of water and wastewater treatment technologies that enable the water ulity industry to monitor and treat water and waste water to eliminate contaminants, including micropollutants and contaminants of emerging concern such as 1,4-dioxane and PFAS. This equipment is also used by industries and companies which have their own specific requirements for water and wastewater treatment (e.g. food and beverages). Xylem provides a wide range of ulity water purificaon soluons: clarificaon; filtraon; disinfecon as well as micropollutant, taste and odour removal. The soluons include technologies such as granular acvated carbon (GAC), UV, ozone and chlorinaon. The components where fluoropolymers are used include: Seals e.g. in ozone and UV reactors Valves Pumps Membranes Electrical components e.g. switches Wiper-rings, spindle interfaces, lamp connectors in UV, Figure 3: Use of fluoropolymers in water treatment systems components PFAS is used in various components of these water and wastewater treatment systems due to the combination of their unique properties and performance - thermal and chemical resistance, and abrasion and wear resistance. These are required for a number of reasons - for instance, the reactivity of the process chemicals used in treatment, and the installation conditions and situation of the equipment. 9 The use of materials in Xylem products is regulated by existing regulations. In the EU, the Drinking Water Directive (DWD) 98/83/EC3 which was recently revised and entered into force on the 12th of January 2021: Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (recast), provides a framework for quality standards for European drinking water and applies from the source to the tap, including treatment, materials and products used in contact with water used for drinking, cooking, food preparation, and other domestic purposes. The DWD sets out an obligation for European Union Member States (MSs) to protect human health against any deterioration of water quality related to materials in contact with drinking water. Essential quality standards are set at the EU level and cover microbiological, chemical, physical and aesthetic parameters (taste, odour, colour, etc.). The new Article 11 of the EU Drinking Water Directive "Minimum hygiene requirements for materials that come into contact with water intended for human consumption" obliges EU MSs to draw up European positive lists and to monitor the substances or materials used in contact with drinking water. In each MS, national or local authorities can set standards higher than those of the DWD or include additional requirements relevant within their territory. MSs are however not allowed to set lower standards than the DWD, as the level of protection of human health should be at least this minimum within the whole European Union. The use of several PFAS materials has been approved in different MSs for use in drinking water applications according to national standards and in line with the Drinking Water Directive. PTFE and FKM are approved in Germany by the German Technical and Scientific Association for Gas and Water (DVGW) and PTFE in France by Standard "Attestation de Conformit". PTFE is currently under review to be included in the combined list of the four Member State initiative (4MSI)4. PTFE, ETFE and FKM are also approved in the United Kingdom (UK) by WRAS (ETFE is also approved) and in the USA by the National Science Foundation (NSF Ansi 61). Xylem's materials and products used in drinking and process water applications and that are in contact with the water throughout the entire water cycle i.e. pumping, piping, measuring, analyzing, treatment (ground, drinking and wastewater) and maintenance (e.g., pipe inspection), comply with these standards and do not release any substances into the drinking water that would adversely affect it. Thus, there is no concern reported for these kinds of fluoropolymers in drinking water applications. PTFE is also authorised under requirements laid down in Regulaon (EU) no 10/2011 on plasc food contact materials and other specific naonal requirements. PTFE is authorised under this regulaon on the grounds that leach rates are below a maximum threshold and any leachate is non-toxic. In Annex B of the PFAS restricon proposal, the DSs recognise that emissions of PFAS from fluoropolymers in the use phase are minimal. Two principal approaches to water and wastewater treatment will be described in the following secons: treatment based on the use of UV and ozone; and, treatment based on chlorinaon. Both 3 htps://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:01998L008320151027&from=EN#:~:text=This%20Direcve%20concerns%20the%20quality,it%20is%20wholesome%20and %20clean. 4 The iniave was announced in January 2011 as iniave of France, Germany, the Netherlands and the United Kingdom (4MS) to work together on harmonizaon of tests for the hygienic suitability of products in contact with drinking water to ensure the hygienic safety of drinking water. Denmark joined in 2018, and the UK le the EU in 2020, so the organisaon was renamed the 4 Members States Iniave (4MSI). 10 of these approaches involve harsh substances and operang environments which make PFAS necessary for safe and effecve processes. 3.1.1 UV and Ozone UV water treatment is a chemical-free technology that is acknowledged to be the best in class for numerous disinfecon tasks in drinking water and wastewater treatment. UV radiaon at 260 nm is the most effecve wavelength for the inacvaon of a majority of microorganisms. The occurrence of significant differences in microbial response and an increased potenal for by-product formaon should also be noted at wavelengths below 240 nm.5 UV disinfecon is most typically used at the end of industrial and municipal water disinfecon processes (drinking water, process water and even wastewater). 5 htps://www.dwi.gov.uk/private-water-supplies/pws-installaons/uv-systems/ 11 Table 1: Applications of UV and Ozone in water treatment Area Applicaon Algae treatment AOP & REUSE Aquaculture Food & Beverage Industrial Cooling water circles Exhaust air treatment Pharmaceucal industry Pulp & Paper Inorganic oxidaon Industrial wastewater Laminang Ozonolysis Drinking water Municipal Excess sludge Landfill leachate Municipal wastewater Swimming pool water Specific funcon Taste & Odour removal Removal of algae by separaon (e.g. flotaon, filtraon) Advanced Oxidaon Processes REUSE Aquarium / Zoo Recirculang aquaculture systems (RAS) circuit processes Limit value Disinfecon Rinsing Botling Process water condioning Washing processes Disinfecon and biofilm reducon Odour removal e.g. H2S removal NOx removal Condioning Water for injecon (WFI) General Iron removal Manganese removal Nitrite (NO2- ) Oxidaon Hydrosulfide H2S reducon Ammonium (NH4+) Oxidaon COD Reducon Decolorisaon Deodorisaon Laminang Ozonolysis Disinfecon Surface water (Pre-Oxidaon) Surface water (Main-Oxidaon) Ground water i.e. water from aquifers e.g. wells Iron removal Manganese removal Nitrite (NO2- ) Oxidaon Hydrosulfide H2S reducon Sludge disintegraon COD reducon COD reducon Micropollutant removal Disinfecon of secondary treated wastewater Disinfecon by UV Nitrite (NO2- ) Oxidaon Hydrosulfide H2S reducon UV applicaon 12 Ozonaon is an Advanced Oxidaon Process (AOP) based on ozone gas generaon and its dissoluon into polluted water. It is used for both disinfecon and treatment of micropollutants. Ozone is a powerful oxidant able to degrade or mineralize inorganic and organic mater. When the process is carried out at neutral or acidic pH, the ozone selecvely atacks certain organic substances, whereas at pH of 9 or higher, hydroxyl radical (OH) is generated. Hydroxyl radical is one of the most powerful oxidant species, which has the capacity to non-selecvely degrade, or also mineralize, different types of organic mater6. Ozone is generated by passing high voltage electric arcs (basically "controlled lightning") through a stream of very clean and dry air or concentrated oxygen inside a closed vessel. Irrespecve of the type of treatment, ozone is generated in-situ (on demand) so there is no need for storage of potenally dangerous chemicals (as opposed to chlorinaon). UV/O3 can cause the photolysis of certain organic compounds and inacvate microorganisms7. For the highest quality and safety requirements on water quality (drinking water, process water for food and beverage or pharmaceutical uses or re-use waters for different purposes), the combination of these treatment steps (ozone and subsequent UV) builds the optimal treatment for high disinfection requirements (e.g., 4 log or higher log reduction of bacteria, virus, parasite reduction). When combined with UV, simultaneously or successively, the dissolved ozone molecules absorb UV light with a peak absorbance of 260 nm and a molar absorpvity of 3292 70 M/cm8, thus making ozone undergo photolysis reacons to yield hydrogen peroxide9. The combinaon of UV and ozonaon produces a greater quanty of hydroxyl radicals and other reacve oxygen species (ROS) compared with separate processes. Xylem supplies UV and ozone equipment to be used extensively in various applicaons as demonstrated in Error! Reference source not found.. The components used in these systems must possess specific properes to withstand the condions of the operang environment, to ensure proper funconing of the system and the safety of operators, and to meet drinking water standards. For ozone equipment, since ozone is a very strong oxidant, it reacts very quickly with many other chemicals and materials and therefore all materials that are in contact with this gas must be highly resistant to corrosion. Poor quality materials will cause ozone leaks or react with the gas and contaminate the water. Materials must be able to perform at cryogenic/ultracold temperatures, because ozone equipment uses liquefied oxygen at -183 celsius. This has to be considered for all components in the ozone system including the ozone generator. Likewise, components of UV systems demand the use of materials with high resistance to aggressive media i.e. strong UV irradiation. The combination of high chemical resistance and structural flexibility is needed for components such as seals, valves, connectors and gaskets, in UV and Ozone applications. The combinaon of these specific features of fluorinated polymers coupled with low fricon characteriscs makes fluoropolymers such as PTFE, PFA, PCTFE FFKM and FKM ideal for use in manufacture of UV and Ozone components as shown in Figure 4. Fluoropolymers are essenal for 6 htps://mp.watereurope.eu/d/technology/1026/ 7Bajpai, P., Chapter 7 - Emerging Technologies for Wastewater Treatment. In: Bajpai, P (Ed.). Pulp and Paper Industry., 2017 8 Hart et al., 1983 9 Beltrn, F. J., Ozone reacon kinecs for water and wastewater systems, 2004 13 guaranteeing equipment safety and integrity, prevenng ozone gas emissions, and ensuring adequate lifeme and performance. Figure 4: Materials and ozone compatibility: International Ozone Association Figure 4 suggests that some non-fluorinated polymers might be suitable for ozone engineering at lower concentraons. However, It is also important to note that ozone concentraons lower than 8% wt. are rarely used now due to technology advancements and commercial viability of the ozone systems. Higher ozone concentraons permit higher levels of treatment more quickly and more cheaply. Current typical designs operate within 10-16% wt. with some as high as 21% wt. and thus the corrosion 14 resistance of the materials used is even more relevant. While some alternaves might have a similar performance to fluoropolymers for a parcular parameter or property, it is the combinaon of different properes that is required for the UV and ozone applicaons where fluoropolymers are used. At these concentraons used in modern ozonaon equipment, as indicated by Figure 4 and Figure 5 (which provides further compability guidance from a specialist plascs supplier for piping, pumps etc)10, non-fluorinated polymers do not work. Figure 5 Materials and ozone compatibility: Polymer supplier Forcing their use through a ban on PFAS in this applicaon would therefore require the acceptance of lower treatment standards and higher treatment costs. PFAS materials permit higher concentraon operaon at higher temperatures and volumes for longer periods between maintenance and over longer operang lifemes. Using non-fluorinated polymers would mean equipment was smaller (and hence more units would be required for the same volume), slower (so more energy was required for the same level of treatment), requiring more maintenance (and hence more downme) and more prone to accidents, leaks etc. An alternative technology for disinfection of water is chlorination but these systems also rely on fluoropolymers in their systems as will be illustrated in section 3.1.2. Ozone will inactivate many of the same pathogens and oxidize many of the same compounds that chlorine will. However, when ozone reacts with these compounds, it does not generate the same harmful byproducts, like trihalomethanes (THMs) and haloacetic acids (HAAs) that the reaction with chlorine will generate. 3.1.2 Chlorination 10 htps://www.chemline.com/wp-content/uploads/Chemline.Chemical-Resistance-Guide.2020.pdf 15 Chlorinaon is a form of chemical water disinfecon which is quite common for the treatment of water in the municipal sector (drinking water), industry and aquacs. It encompasses the following forms of chlorine: Chlorine gas Sodium hypochlorite Calcium hypochlorite Chlorine dioxide Chlorine and chlorine dioxide have the benefit of the so-called "depot effect", as they not only affect the water at their point of injecon but also over a certain length of pipe or an enre body of water (e.g. a swimming pool). This migates the risk of re-germinaon aer the actual treatment. Chlorine and chlorine dioxide are injected into the water by different means. In most cases dosage is handled by a control signal from an analyzer and control system with corresponding sensors. The most common methods of dosing are (depending on the form of chlorine): Vacuum systems in combinaon with a venturi injector (chlorine gas) Diaphragm pumps (sodium hypochlorite, chlorine dioxide, calcium hypochlorite) Diaphragm pumps in combinaon with a feeder device to create the soluon from dry product (calcium hypochlorite) All types of chlorinaon, i.e. chlorine (in one of the above forms) and chlorine dioxide, are based on strong oxidants which are highly corrosive in concentrated form. The actual degree of wear and tear imposed on components and equipment is strongly depending on the actual chlorine concentraon and other factors like pH or the presence of humidity/water. The following PFAS materials are used in at least one component/part of the chlorinaon process for either of the chlorinaon types: FKM PVDF PTFE ECTFE The full list of fluoropolymer applicaons used is shown in Table 2. Table 2: Use of fluoropolymers in chlorination systems in Xylem's Evoqua brand Product/Component and fluoropolymer O-rings (FKM, FFKM) End use Product funconalies to be fulfilled Stac and dynamic sealing of hydraulic interfaces - Chemical resistance and dimensional stability against acids, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) - Elascity / impermeability Flat gaskets (FKM, PTFE) Stac sealing of hydraulic interfaces - Chemical resistance and dimensional stability against acids, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) - Elascity (FKM only) / Tightness Flexible hoses (PTFE) Roung of chemical streams - Chemical resistance and dimensional stability against acids, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) 16 Product/Component and fluoropolymer Valve seats (PTFE, PVDF) Flexible Membrane (FKM, PVDF, ECTFE) Ion selecve membrane (PTFE) Fings (PVDF, ECTFE) Pipes (PVDF) Molded parts (PVDF, ECTFE) Grease (PTFE) Packing (PVDF) Float switch (PVDF) Flow meter (PVDF) Thread sealing tape (PTFE) End use Product funconalies to be fulfilled - Maintaining flexibility - Compressive strength Dynamic sealing in valves (e.g. check valves) - Chemical resistance and dimensional stability against acids, moist chlorine gas, chlorine dioxide - Opmum strength Diaphragm metering pumps Pressure or vacuum control valves - Chemical resistance and dimensional stability against acids, moist chlorine gas, chlorine dioxide - Opmum strength - Maintaining flexibility Chloralkali electrolysis - Chemical resistance to acids, alkalis, moist chlorine gas at temperatures up to 70 C - Preservaon of ion selecvity according to the applicaon Roung chemical flows in piping systems - Chemical resistance and dimensional stability against acids, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) - Weldability - Compressive strength Chloralkali electrolysis - Chemical resistance and dimensional stability against acids, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) - Weldability - Compressive strength Chloralkali electrolysis - Chemical resistance and dimensional stability against acids, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) - Weldability - Compressive strength Lubricaon of sliding joints and seals - Reducon of fricon in sliding joints in contact with acids, chlorine dioxide and alkalis - Improvement of the sealing of O-rings in contact with brine 2-phase reactors - Chemical resistance and dimensional stability against acids, alkalis, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) Chloralkali electrolysis, chemical tanks - Chemical resistance and dimensional stability against acids, alkalis, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) Chlorine dioxide preparaon - Chemical resistance to acids, alkalis, chlorine dioxide - Compressive strength Sealing of threaded connecons - Chemical resistance and dimensional stability against acids, alkalis, moist chlorine gas, chlorine dioxide, sodium hypochlorite soluon over a temperature range (5 - 70 C) 17 Chlorine gas Pure chlorine gas as provided to the market is pressure liquified and contains no water. This makes it possible to store in ordinary steel vessels with the appropriate pressure rang. The liquified chlorine rapidly vaporises at the point of pressure relief. The corrosiveness of chlorine gas changes significantly when combined with moisture/water. This is referred to as "wet chlorine" as opposed to "dry chlorine" in the literature. While ordinary steel pipes can withstand dry gaseous chlorine, they are quickly atacked and subsequently destroyed if moisture is present. This is because when in media containing the anion chloride, stainless steels may suffer mainly localized corrosion (for example, ping). In this case, the corrosive atack will cause gaps in the metal passivaon film11,12. The formaon speed of these gaps increases with the temperature and the concentraon of chlorides in the medium the steel is in. As water is in close proximity by definion in chlorinaon processes, the avoidance of moisture in the manifold is next to impossible. Therefore, the occurrence of wet chlorine must be accounted for in most parts of the chlorinaon equipment. This causes significant chemical wear and tear on pipes, valves, gaskets and other equipment in contact with wet chlorine. Sodium hypochlorite and calcium hypochlorite soluon Both sodium hypochlorite and calcium hypochlorite are dosed into the treated water by appropriate metering pumps. Adding dry calcium hypochlorite directly into large bodies of water (e.g. swimming pools) is possible in theory but is not considered technically sound or controlled. The pH can vary but is generally in the alkaline range. The combinaon of pH, temperature and chlorine concentraon in the soluon has a significant impact on the corrosive behavior of the dosed soluon. The corrosion potenal increases with lower pH, higher temperature and higher chlorine concentraon. Hence chemical wear and tear can be moderate to serious. Chlorine dioxide Chlorine dioxide is an unstable disinfectant which cannot be stored for periods of me longer than around 48hours. It must always be produced on site by the reacon of at least two chemicals. One of these is sodium chlorite (NaClO2), while the other reactant can either be chlorine or an acidic substance, most commonly hydrochloric acid (HCl). The resulng chlorine dioxide soluon is always in the acidic range. Chlorine dioxide has a strong tendency to degas from the liquid which creates special requirements for (temporary) storage. Chlorine dioxide has a significantly higher disinfecon potenal compared to chlorine and is usually stored in concentraons of 1 to 3 g/l ClO2. Concentraons inside the equipment for generang chlorine dioxide range up to 20 g/l. Due to the high corrosion potenal and the acidic nature, chlorine dioxide is the most challenging sub type of chlorinaon when it comes to gaskets and O-rings. 11 Li K., Sun L., Cao W., Chen S., Chen Z., Wang Y., Li W. Ping corrosion of 304 stainless steel in secondary water supply system. Corros. Commun. 2022;7:43-50. doi: 10.1016/j.corcom.2021.11.010 12C.P. Dillon, I Warren: Materials selector for hazardous chemicals : vol 3: hydrochloric acid, hydrogen chloride and chlorine, Materials Technology Institute, St. Louis, MO (1999) 18 Materials compability for chlorinaon The Chlorine Instute Pamphlet 16413 contains a list of various materials and the corresponding reacveness with gaseous or liquid chlorine, also considering the absence or presence of moisture. The materials with litle to no reacon (i.e. sufficient chemical resistance) for all four cases (liquid chlorine dry, liquid chlorine wet, gaseous chlorine dry, gaseous chlorine wet) include: Asbestos Glass PTFE PVDF Resin, Chlorendic polyester Tantalum Viton (FKM) The only elastomer on this list is FKM and the only other material suitable for gaskets is PTFE. Asbestos is banned in many countries because of its carcinogenic properes. Glass is not suitable for many applicaons due to its britleness. Tantalum is a rather rare, very expensive metal, which limits its use in comparison with PFAS like PTFE or PVDF. Chlorendic polyester resin is used for lining larger tanks and vessels, liming its use to a niche applicaon. Regarding non-fluorinated materials (polymers), the pamphlet assesses suitability for use with dry and wet liquid chlorine as follows. Chlorinated and unchlorinated PVC is said to have variable material integrity, depending on use condions, with parcular concerns about mechanical integrity. A similar assessment is made for EDPM (ethylene propylene diene monomer, and chlorosulphonated polyethylene. Contact with dry and wet liquid chlorine is said to `jeapordise' the material integrity of neoprene, polyethylene, polypropylene, silicone, and natural and synthec rubber. 13 htps://files.dep.state.pa.us/water/BPNPSM/WastewaterOperaons_Assistance/WastewaterOperatorResource s/CourseMaterials/RespCWProf_7122/Resources/Chlorine/Pamphlet164-Edion2-August2007.pdf 19 Figure 6: Chlorine materials compatibility: Polymer supplier The materials compability guidance issued by a polymer supplier, previously referenced (fn.10), supports this assessment, and indicates that the operang condions which prevent PVC being a suitable material is higher temperature (see Figure 6). Non-fluorinated polymers are not recommended by this supplier for use at temperatures above 60C. However, Table 2 indicates an operang range up to 70C for Xylem's chlorinaon equipment. The chlorinaon process, specifically in the context of water treatment and disinfecon, typically operates towards the top end of the 570C (41-158F) range for a number of reasons. For instance, higher temperatures lead to increased reacon rates, meaning faster and more cost-effecve treatment. It might also be necessary to ensure treatment meets regulatory standards. As with UV and ozone, forcing the use of non-fluorinated materials in chlorinaon through a ban on PFAS would mean lower treatment standards and higher treatment costs. Equipment would become shorter-lived, and more subject to breakdown and accidents. 3.2 Instrumentaon and analycs Xylem manufactures analycal monitoring and process control equipment that use PFAS components. Xylem's customers for this equipment include tesng laboratories for environmental samples, water management offices, ulies in the drinking water and wastewater area (municipal and industrial) and authories. According to REACH Arcle 67(1), restricons do not apply to the manufacture, placing on the market or use of substances in scienfic research and development (SR&D). REACH Arcle 3(23) defines SR&D 20 as any scienfic experimentaon, analysis or chemical research carried out under controlled condions in a volume less than one tonne per year. Arcle 67(1) also states that Annex XVII shall specify if a restricon shall not apply to product and process orientated research and development (PPORD). Arcle 3(22) defines PPORD as meaning any scienfic development related to product development or the further development of a substance, on its own, in mixtures or in arcles in the course of which pilot plant or producon trials are used to develop the producon process and/or to test the fields of applicaon of the substance. Thus, in principle it could be argued that Xylem's use of PFAS polymers in the producon and supply of analycal equipment and instrumentaon is exempt from the proposed restricon on the grounds that they are used for SR&D (and PPORD). However, this is subject to some uncertainty. In parcular, despite the general exempon of SR&D in Arcle 67(1), the Dossier Submiters have proposed derogaons for uses which appear to already be covered by this exempon,14 so it is not clear how the definion of SR&D should be interpreted and where the exempon applies. In addion, the Dossier Submiters have not currently made a proposal to exempt PPORD, and under what condions. Finally, there is no definion of controlled condions in REACH and hence it is not possible to assess whether Xylem's uses of PFAS would class as such. Thus, it is not currently clear that Xylem's uses of fluoropolymers in analycal equipment and instrumentaon is exempt through the SR&D (and/or PPORD) exempon. Accordingly, Xylem is presenng the evidence and arguments around this applicaon in this secon with a view to establishing the case for exempon and/or derogaon on other grounds. Fluoropolymers are used in the following components in analycal equipment: Sealing tapes (PTFE) Valves, gaskets (e.g. PCTFE) Lubricants based on fluorinated compounds Membranes and foils (FEP, ETFE) Pistons in automac trators (PTFE) Tubing (ETFE) Electrical isolaons (ETFE) These components are used specifically in measuring instruments that serve applicaons in the environmental sector. This applies to the control of groundwater and drinking water, the monitoring of the chemical quality of rivers, lakes and seawater and the control of wastewater treatment plants. Measured variables include pH, oxygen content, conducvity, organic polluon (biological oxygen demand (BOD), chemical oxygen demand (COD)) and concentraon of nutrients such as nitrate and phosphate. The instruments thus serve to ensure the supply of high-quality drinking water and the treatment of wastewater in accordance with regulaons in order to prevent harmful emissions into the environment. PFAS are of paramount importance in water analysis due to their unique material properes that set them apart from other compounds such as: chemical resistance (acids, alkalis (bases), organic chemicals, organic solvents) 14 For instance, Paragraph 5(g) of the restricon proposal states that the restricon shall not apply to refrigerants in laboratory test and measurement equipment unl 13.5 years aer EiF. 21  low adhesiveness (glueing requires that no chemical reacvity occurs under the condions of use) low adsorpon of measurands (improving analycal quality in respecve instruments) high temperature resistance high electrical resistance extreme low fricon and good gliding properes (no relevant difference between sliding fricon and stac fricon) durability gas permeability (especially for oxygen, hydrogen, chlorine, ammonia etc.). Their outstanding chemical resistance allows them to remain intact in environments with extremely acidic or basic pH, without reacng, which is essenal for accurate and reliable analysis results and equipment reliability and durability. This is complemented by their high thermal stability that meets the requirements of numerous analycal methods, where temperature fluctuaons are prevalent. Moreover, the non-sck properes of PFAS significantly reduce the risk of sample loss or carry over due to adhesion, especially with scky or viscous samples, which could lead to sample contaminaon and measurement error with other materials. Their low tendency for molecular adsorpon ensures that trace contaminants in water samples can be precisely analysed without being compromised by undesirable adsorpon effects. Finally, the chemical inertness of PFAS reduces the risk of cross contaminaon between samples, which is crucial in water analysis. The proven long-term stability of PFAS materials, including their resistance to UV light, means that equipment using these materials can deliver consistent performance over extended periods e.g. most of Xylem's products have a 20 year life cycle. This is parcularly important for applicaons like wastewater monitoring, where the locaon of instruments makes them difficult to access, hindering maintenance and repair, and where gradual deterioraon of performance might be difficult to detect but could have significant consequences. Xylem's analycal equipment is also used in detecng and measuring PFAS in environmental samples including water and groundwater, contaminated soil etc. This requires expensive instrumentaon like High Pressure Liquid Chromatography (HPLC), mass spectrometry (MS), etc. which also require highperformance valves and tubing made of fluoropolymers because of their strong chemical resistance. For example, HPLC uses acetonitrile, methanol, phosphoric and trifluoracec acids and operates at high pressure. Fluropolymers are used because they are able to offer these properes which enable the instruments to funcon. There is in fact an urgent requirement for more sensive and cheaper analycal instruments in future, for instance, to monitor emerging pollutants (including PFAS) in the environment and parcularly in drinking water. Pollutant properes related to persistence, mobility and toxicity (PMT) are of increasing interest. The requirement for ultratrace (parts per trillion (ppt)) detecon of PFAS is extremely challenging, due to the extreme potenal for contaminaon, carry over, and chemical reacvity at such low concentraons. As a result, current methods require complex and specialized off-site equipment, effecvely precluding the on-site monitoring of PFAS in distributed water infrastructures currently15. It is highly unlikely that systems that are required to operate in the ppt concentraon range for the sampling and detecon process itself will be possible without fluoropolymer parts. An example of 15 Concelln, Castro-Esteban, Swager; J. Am. Chem. Soc. 2023, 145, 20, 11420-11430; DOI: 10.1021/jacs.3c03125 22 available technology that is used is the amplifying fluorescent polymers (AFPs) which are highly fluorinated and have poly(p-phenylene ethynylene) and polyfluorene backbones bearing pyridinebased selectors that react with acidic PFAS via a proton-transfer reacon. AFPs are available in thinfilm and nanoparcle forms and can selecvely detect PFAS concentraons of 1 ppb and 100 ppt, respecvely and are not affected by the type of water being studied. Effecve performance at these concentraons would simply not be possible with convenonal materials. The development and use of PFAS materials in analycal equipment has allowed progressive improvements in performance which allows for the detecon and monitoring of a greater range of substances and concentraons much lower than were previously possible. Banning their use would force a return to old materials and old levels of performance. 3.3 Pumps Xylem manufactures pumps that use fluoropolymer-based seals and gaskets to contain, move, and measure fluids at high temperature and high pressure. Xylem provides pumping soluons for drinking water and wastewater transfers that reduce energy use, minimise water losses, and save water resources. Xylem provides pumps that are used in various industries including but not limited to municipal drinking water distribuon, municipal wastewater handling, agriculture (e.g., irrigaon), industrial applicaons including food and beverages and chemicals, aquaculture, and commercial and residenal buildings. The components in pumps made of fluoropolymer include sealings, bearings, cable sheaths, coangs, pump inserts and membranes (see Figure 7). Fluoropolymer materials in pumps offer the required combinaon of chemical resistance (e.g strong cleaning agents in food and beverage industries), abrasion and wear resistance which can improve efficiency and prolong the life of the pump. Temperature stability, PFAS materials can maintain their properties at extreme temperatures, both high and low, making them suitable for pumps that operate in environments with temperature variations, ensuring consistent performance under challenging conditions, such as chemical processing plants. which makes fluoropolymer containing materials the preferred option. Examples of specific uses of Xylem pumps across various applications are: Water Supply and Treatment: o Municipal water supply: Xylem pumps are used to transport water from source locaons (e.g., wells, rivers, lakes) to municipal water treatment plants and distribuon systems. Wastewater Management: o Wastewater treatment plants: Xylem provides pumps for sewage and wastewater treatment facilies, including those used for liing, aeraon, and moving wastewater through treatment processes. o Stormwater management: Xylem pumps help manage stormwater runoff, prevenng flooding in urban areas. 23 Figure 7: Pump components that are made using fluoropolymers16 Agriculture: o Irrigaon: Farmers use Xylem pumps to distribute water for crop irrigaon, helping to improve agricultural yields. Industrial Applicaons: o Industrial processes: Xylem pumps are used in various industrial processes to move fluids, chemicals, and slurries. o Manufacturing: Xylem provides pumps for manufacturing applicaons, including those involving cooling, heang, and material handling. o Mining: Xylem pumps are used in mining operaons for dewatering, slurry transfer, and other crical tasks. Commercial Buildings: 16 htps://europump.net/uploads/EUROPUMP_Posion%20Paper%20PFAS_FINAL.pdf 24 o HVAC systems: Xylem pumps play a vital role in heang, venlaon, and air condioning (HVAC) systems in commercial buildings. o Fire protecon: Xylem offers fire protecon pumps for sprinkler systems in commercial and industrial facilies. Marine and Offshore: o Marine applicaons: Xylem provides pumps for marine vessels, including those used for ballast water management, bilge pumping, and wastewater treatment. o Offshore oil and gas: Xylem pumps are used in offshore oil and gas operaons for various applicaons, including water injecon and subsea boosng. Mining and Construcon Dewatering: o Construcon sites: Xylem pumps are used in construcon projects to manage groundwater and prevent flooding in excavaons and foundaons. o Mining: Xylem offers specialized dewatering pumps for mining operaons to remove excess water from pits and tunnels. Environmental Remediaon: o Groundwater remediaon: Xylem pumps are used in environmental cleanup efforts to extract and treat contaminated groundwater. Aquaculture: o Fish farming: Xylem pumps are ulized in aquaculture for water circulaon, aeraon, and water quality management in fish farms. These examples demonstrate the versality of Xylem pumps, which are designed to meet the specific needs of various industries and applicaons, helping to address crical water and fluid management challenges worldwide. A specific example where fluoropolymers are used in Xylem is in manufacture of PVDF dosing pumps. PVDF used in chemical dosing pumps is a crical component to maintain a safe water supply, safe and efficient food producon and to protect the public from water borne pathogens. PVDF dosing pumps are preferred for their ability to dose precise amount of chemicals, even in varying process condions, and customers select PVDF versions of dosing pumps only for their most demanding and crical applicaons. About one in four dosing pumps sold is a PVDF pump and customers have standardised processes based on these pumps, also to help end-users meet regulatory demands in terms of precision and documentaon of the chemicals added. PVDF dosing pumps are used because of the following: Chemicals are usually dosed from high stock soluons with high concentraons Typical chemicals are strong acids and bases, strong oxidants, organic acids, ferric chlorides, etc. PVDF dosing heads are exposed to hundreds of pressure cycles per day (typical to 8 or 16 bar), thus material integrity is essenal to ensure efficacy in use of the chemical and safety of the plant operator All materials need to be globally cerfied for use in food and beverage, municipal water supply, pharma, etc., which limits ability to readily switch supplier. Example of applicaons where the PVDF pumps are used include but not limited to: Disinfecon (chlorinaon) of drinking water to ensure safe public water supplies Chemicals used for drinking water treatment (e.g. pH adjustment, chemical cleaning of water filters, fluoride addion (US)) Oxidaon of organic substances in drinking water and wastewater treatment 25  Disinfecon of treated wastewater, prevenng pathogens entering rivers, lakes and oceans Water treatment for reuse (requires more chemicals for treatment & disinfecon) Preparaon of chemical soluons to clean process equipment in food producon (dairies, meat industry, breweries and many other) Disinfecon of surfaces in food and beverage, health care facilies, etc. Treatment of food with disinfectants to improve storage duraon for fruits, meat, etc. Treatment of animal feed water to improve producvity and reduce the use of anbiocs Biocide treatment for heang and cooling, to reduce energy consumpon Disinfecon of pool water for public pools, spas, etc. Legionella control in larger buildings (hotels), rerement homes, hospitals, sports centers, public water features, cooling towers etc., to prevent outbreaks of Legionnaires' disease Biofouling and legionella control in cooling towers for commercial buildings Therefore, it can be seen that fluoropolymer materials are used in pumps to improve funconality and achieve higher performance and safety. Service life of components and products has been increased and maintenance intervals reduced which improve overall resource efficiency. No currently available alternave material guarantees the same performance, safety and lifeme. Xylem supports the analysis and conclusions of the European Associaon of Pump Manufacturers, Europump, where a non-exhausve list of fluoropolymer uses and funconality in pumps was detailed in Contribuon 4245, this includes gaskets, seals, and bearings and that the use of PFAS materials should remain possible for these applicaons, where no alternaves are available and are not foreseeable in the next years. 26 4 Specific examples of PFAS use by Xylem CONFIDENTIAL SECTION. PLEASE SEE CONFIDENTIAL SUBMISSION. 27 5 The PFAS lifecycle in Xylem applicaons The use of fluoropolymers in industrial and professional uses in the water industry can be effecvely managed to ensure that the risks from their use are appropriately controlled throughout their lifecycle. They do not need to be banned. Such an approach to risk management would ensure that the crical funcons of fluoropolymers are not permanently lost to EU society, jeopardizing the funconing of the EU water industry and sectors and firms which rely on effecve water and wastewater treatment. To this extent, a derogaon for connued use of fluoropolymers in applicaons where alternaves do not exist or where the alternaves do not meet the technical and safety requirements in the water industry should be granted, provided the risks are appropriately managed. This secon elaborates the raonale for such a conclusion. In the Annex XV report, the DSs note that the main emission of fluoropolymers from the use phase is linked to dispersive applicaons. This is not applicable to industrial and professional uses in the water industry since fluoropolymers are typically incorporated into the products in the form of seals, O-rings, membranes, valves and electrical insulators. The high stability of fluoropolymers over me implies very limited degradaon, which in turn implies that fluorinated emissions resulng from the use of fluoropolymer-containing applicaons are very limited as well. Thus, during their use phase (including arcle service life), there is no risk to address. This is recognised by the DSs who esmate emissions from the use of fluoropolymers to be minimal, The DSs noted that the end-of-life phase is a concern and potenal contributor of PFAS emissions, primarily through incomplete incineraon. (Emissions from landfilling of fluoropolymers are considered by the DSs to be minimal.) However, Xylem argues that a restricon based on a requirement to ensure appropriate waste management of fluoropolymers would ensure that risks are controlled and would be more cost-effecve and proporonate than a ban on fluoropolymers altogether. At the end of their lifecycle, PFAS-containing components from industrial and professional uses are typically disposed of according to the Industrial Emissions Direcve (2010/75/EU) and exisng naonal legislaons in the Member States. For example, in Germany, according to the "Kreislaufwirtschas/abfallgesetz (KrWG)" ("closed substance cycle waste management"), waste disposal is only allowed if material or thermal recycling is not possible, due to technical, economic or ecological reasons. PTFE and other fully fluorinated fluoropolymers may not be used as substute fuel for thermal incineraon if its caloric value is below 11.000 kJ/kg (required according to 8 KrWG). This is mainly the case with PTFE waste as its caloric value amounts to approximately 5.500 kJ/kg. If the caloric value exceeds 6.000 kJ/kg incineraon of this waste is required. In this case it has to be ensured that the incineraon plant chosen is equipped with an acid scrubber and the combuson temperature is above 800 C17. While there is a need to recycle fluoropolymers due to their high value and stability, recycling of fluorinated polymers from industrial or commercial applicaons is technically challenging. The majority of fluoropolymer uses in Xylem products are distributed across a wide range of uses in complex applicaons. The quanty of fluoropolymers used in our applicaons is oen low and 17 htps://www.pro-kunststoff.de/assets/Mekblter%20und%20Co/FP%20TM-10-Recycling-offluoropolymers.pdf 28 therefore dedicated collecon and recycling would be very costly and logiscally challenging. For this reason, the most effecve way of managing the end-of-life of fluoropolymers is through incineraon at high temperatures. Currently, this is done through municipal incinerators. Nevertheless, addional condions to ensure the effecveness of the incineraon of fluoropolymers could be considered. Addional incineraon condions can be adopted similar to those in the RAC opinion on PFAS in firefighng foams18 which recommended that hazardous waste containing more than 1% of halogenated organic substances should be incinerated at elevated temperatures (above 1,100C), and in accordance with the relevant best available technologies (BAT) reference documents. This would ensure that PFAS waste is degraded (mineralised) to carbon dioxide and hydrogen fluoride. By mandang effecve incineraon of fluoropolymers (i.e., condions that lead to the complete mineralisaon and degradaon of fluoropolymers), as a condion of their connued use, industrial incineraon according to BAT will ensure that the risks posed by the use and disposal of fluoropolymers are effecvely managed. As such, a total ban of fluoropolymers in water and wastewater applicaons is not the least burdensome means to address the idenfied risk and would, therefore, be disproporonate. 18 RAC opinion on proposed restricon of PFAS in firefighng foams, available on ECHA website at htps://echa.europa.eu/documents/10162/9a785928-3d-a230-cffa-7b8590240d69 29 6 Impacts of a ban The Annex XV report only assesses the opons of a full ban with or without me-limited derogaons. Derogaons were idenfied by the DSs based on sector-specific assessment of the use of fluoropolymers. The water industry as a sector was not assessed in the Annex XV report and, as a result, sector-specific derogaons for the water industry were neither considered nor proposed. According to the current proposal, therefore, use of PFAS in the water sector will be subject to a complete ban 18 months aer entry into force of the restricon. We believe that the failure to consider opons other than a ban and the lack of assessment of impacts on the water industry will result in disproporonate impacts to society, given the extensive use of fluoropolymers in water and wastewater applicaons and their crical funcon for these uses in society. We contend that a ban is not the most appropriate measure to address the concerns raised by the DSs. For instance, it needs to be taken into account that the use of fluoropolymers has been assessed and approved in various legislave areas to be used in drinking water services. Fluorinated polymers serve a vital role in various industrial applicaons, parcularly in environments where extreme temperatures, harsh chemicals, and high-pressure condions are prevalent. One of the primary advantages of using PFAS is their exceponal combinaon of chemical resistance and durability. They can withstand exposure to corrosive chemicals, acids, and bases, making them indispensable in any industry where such condions occur. This is for instance the case in chemical processing, oil and gas, pharmaceucal manufacturing and in water treatment. Fluoropolymer based components such as seals and gaskets maintain their full integrity over me, assuring a reliable leakfree service, reducing the need for frequent replacements and thereby minimising downme and maintenance costs. The higher unit cost of fluoropolymers seals and gaskets is as such compensated by the lower life cycle cost for the systems in which these polymers are used. 6.1 Prospects for substuon One significant challenge in finding alternaves to fluoropolymers lies in replicang their unique combinaon of properes. Tradional, typically cheaper materials, such as rubber and silicone, generally lack the same level of chemical resistance and durability that PFAS provide. Addionally, alternaves that are chemically resistant are not able to withstand the same range of temperatures or pressures, liming their applicability in demanding industrial sengs. Researchers and industries are always working to develop alternave materials with similar capabilies, but it should be recalled that PFAS were developed in direct response to the fundamental weaknesses of tradional materials. Replacing PFAS can hardly be expected to occur through the refinement of these tradional materials, but must depend on science being able to idenfy new materials with the performance of PFAS but without the drawbacks (e.g. environmental persistence). This is not a short-term task, and in the meanme, PFAS connue to be the preferred choice for crical sealing and gasket applicaons where no suitable substutes exist. It is essenal to be able to connue using these PFAS materials without compromising performance in these crucial industrial applicaons while ongoing research and innovaon efforts work to find environmentally preferable alternaves. Xylem has carried out internal research on the use of non-fluorinated materials in water treatment applicaons such as in water treatment devices using ozone. As discussed in Secon 3.1.1, ozone is a very strong oxidizer and typically reacts with all organic and inorganic materials. It is this property which is sought in ozone-based water treatment equipment for the disinfecon of water or for the 30 removal of inorganic substances through oxidaon. The results showed that the non-fluorinated materials were suscepble to atack by ozone and had shorter lifespans which significantly increased service (disassembly and seal or component replacement) requirements. This would result in increased maintenance costs, downme costs and addional exposure of maintenance personnel to corrosive and toxic process liquids. Similarly, an internal analysis of alternaves done for fluoropolymer components in chlorinaon systems showed that substuon of PTFE and FKM in sealing O-rings resulted in significant addional effort for monitoring on the customer's part due to increased leakage risks, lower durability and shorter lifespans, higher maintenance costs as a result of the significant shorter maintenance cycles. (A more detailed analysis of alternaves in chlorinaon is given in Annex C.) Furthermore, in the long term, the use of substute products, even if possible, is only likely to be feasible in certain areas of use, and would sll require major design changes. Spare and maintenance parts of exisng plants could not be adapted in the field to substute products without completely rebuilding or replacing the exisng plants. This means that the impact is not only on the producon of new funconal and safe systems, but it would also lead to the premature rerement of already installed UV and ozone systems, for example. Their safe connued operaon would no longer be guaranteed due to the absence of very relevant spare parts. Inevitably, many hundreds of thousands of installed ozone systems globally in public ulity and industrial locaons would be affected with significant effects on public health and environmental integrity. One of the key properes of fluoropolymers used in drinking water service is the extremely low release of substances during their service life. This in combinaon with the ease of use and the high reliability in demanding services over long periods over me makes these kinds of polymers the material of choice for seals and gaskets in drinking water service. Substung these polymers will require long test cycles to assure low release rates and reliability over long periods of me in demanding condions. Numerous aspects must be considered, including, for instance, the formaon of known or unknown by-products because of the exposure of substute materials to chemicals such as ozone, or chlorine, or as a result to exposure to UV irradiaon. These by-products can be formed at low concentraons even if the mechanical stability of the substute products is not (significantly) reduced. This has, for instance, been observed in seals of ozone-water piping systems where alternave materials have been used. In this case, formed by-products of the seals can migrate to the ozone treated water lowering the quality of drinking water and posing health risks to consumers. Even if new materials providing acceptable levels of performance could be found, it is expected that the process for qualificaon and validaon of these new materials for use in the water industry would last, addionally, at least 10 years, taking also into account that these water treatment systems are available on a global market with local approval requirements for products to be used in drinking water service. In case of a ban, the lack of recognised alternaves would thus lead to regretable substuon to alternaves that do not perform at the same specificaon as fluoropolymers, which may be potenally hazardous, less durable and as such would mean applicaons are unable to meet stringent safety and environmental standards. Given the complexity and the wide-ranging use of PFAS, it is challenging to esmate the total societal cost for replacing all PFAS for Xylem uses. It would likely be a mul-billion-dollar effort to substute over an extended period, on top of a recuring addional cost during the service life of the systems using the PFAS alternaves due to lower performance and higher maintenance cost. In any case the substuon would be complex involving collaboraon between industries, government agencies, research instuons, and regulatory bodies. 31 6.2 Economic impacts CONFIDENTIAL MATERIAL. PLEASE SEE CONFIDENTIAL VERSION. A lack of replacement parts for these systems would result in early rerement and replacement with systems which are less effecve and less efficient, consequently compromising the quality of water produced. A maintenance derogaon should be considered for these systems due to the lack of feasible alternaves. A similar argument was used by the DSs to propose a derogaon (5i) relang to the servicing of exisng HVACR equipment using F-gases: "Maintenance and refilling of existing HVACR equipment put on the market before [18 months after EiF] and for which no drop-in alternative exist, until 13.5 years after EiF" The DSs proposed this derogation because: "the lack of drop-in alternatives means that equipment that would currently need servicing including some top up of refrigerant levels could not be repaired. Added costs would arise from the premature retirement of existing equipment, the early purchase of replacement equipment and added environmental burdens from disposal of equipment." Finally, it should be noted that, although Xylem is responding to this submission individually, the impacts of the proposed restricon will affect the broader water and wastewater treatment and analycs sectors. Xylem is a significant global supplier of the technologies covered in the submission, but it is by no means the only one. However, the technologies described in this submission, and their dependence on the use of PFAS, are common across all suppliers. Hence, impacts of the restricon on Xylem will be mirrored by similar impacts across all suppliers in the industry, and hence across all customers. The restricon would therefore have societal-level impacts through its impacts on the water and wastewater treatment and analysis sectors. We would encourage the DSs, RAC and SEAC to examine the crical use of PFAS in the applicaons described in this submission and to ensure that their societal value is reflected in their regulatory proposal. 32 7 Conclusions PFASs form a crical component of the technologies which underpin water and wastewater treatment, water quality monitoring and analysis, and the transport of aggressive liquids in a wide range of industries and sectors. PFASs offer a unique combinaon of properes which enables them to operate at extremes of temperature and pH, over extended periods, with minimal degradaon, whilst offering low fricon, low contaminaon and other advantageous performance characteriscs. They therefore contribute benefits to society which far exceed their physical dimensions, by enabling high levels of water quality, polluon control and transport of liquids, accurately, safely and cost-effecvely. PFASs have been developed and adopted in direct response to the inherent weaknesses of tradional materials. Therefore, forcing the re-adopon of these materials by banning PFASs would inevitably lead to losses of funcon, lower reliability and higher costs, in turn leading to lower standards of water quality, environmental quality and safety. A ban of these uses of PFAS would therefore be disproporonate from a societal point of view. In their Annex XV dossier, the DSs recognise that emissions of PFAS from the use of fluoropolymers are minimal, and that any losses from the waste stage are similarly low and can be controlled completely with appropriate waste management. A regulatory approach which more directly targets the sources of risks associated with fluoropolymers would be more effecve and would enable the high societal benefits of their use to be maintained and enhanced. Xylem encourages the DSs, RAC and SEAC to reject a ban, and consider alternave approaches to achieving their regulatory objecves. 33 8 Annexes Annex A: List of Xylem brands Water and wastewater treatment Essence of Life Unique hybrid value chain partnerships delivering a compelling suite of innovative rural and peri-urban water management solutions. Evoqua Water Evoqua's products enable customers to dramatically improve the way water Technologies and wastewater is used, managed, conserved, re-used and returned to nature. Flygt Xylem's Flygt brand provides customers with a complete range of products and solutions for moving water and wastewater. Leopold Xylem's Leopold brand is a leader in rapid gravity media filtration and clarification solutions for the water and wastewater industry. MJK MJK Automation develops, manufactures and supplies water instrumentation for control of drinking water, sewage water and industrial water treatment. Sanitare Xylem's Sanitaire brand provides complete biological wastewater treatment solutions for public utility and industrial applications. Wedeco Xylem's Wedeco brand manufactures reliable, chemical-free, and environmentally-friendly water and wastewater treatment technologies. Instrumentaon and analycal products Aanderaa Bellingham + Stanley ebro HYPACK OI Analycal PureHM Pure Technologies Aanderaa designs, manufactures and sells sensors, instruments and systems for measuring and monitoring in demanding environments. Bellingham + Stanley is one of the world's leading manufacturers of Refractometers and Polarimeters used throughout the world's food, drinks, pharmaceucal, chemical and petroleum industries. ebro provides temperature measurement and data-logging technologies for the measurement of temperature, pressure, humidity and other physical parameters. HYPACK is a leading provider of hydrographic survey data acquisition, processing, and visualization software for ocean, coastal and surface water applications. Offers analytical instruments that detect, measure, analyze and monitor chemicals in liquids, solids and gases and products used to digest, extract and separate components of chemical mixtures. PureHM solutions for regulated inspections of pipelines that carry energy products provide actionable data to identify problem areas, reduce unnecessary pipeline repairs, and prolong asset life. Pure Technologies is a world leader in the development and application of innovative technologies for inspection, monitoring and management of critical infrastructure 34 Instrumentaon and analycal products Royce Technologies Sensus SI Analycs SonTek WTW YSI A global producer of monitoring and control instrumentation and sensors specifically designed for municipal and industrial wastewater treatment applications. Sensus helps public service providers to reach farther by responding to evolving business needs with innovation in sensing and communications technologies, data analytics and services. The manufacturer of titrators, viscosity measuring systems, extensive line of glass capillary viscometers, high-performance laboratory and process electrodes. SonTek manufactures rugged, reliable acoustic Doppler instrumentation for the measurement of water velocity, flow, discharge, currents, and waves. Offers robust analysis products for the measurement of pH, dissolved oxygen, conductivity, total dissolved solids and specific ions. Manufactures sensors, instruments, software and data collection platforms for environmental and coastal water quality monitoring and testing. Pumps, Valves and Plumbing accessories AC Fire AC Fire Pump Systems design and custom build a wide range of fire pump products and turnkey systems for commercial and industrial applicaons, including prefabricated packages and house units. Bell & Gosset Bell & Gosset is a leading manufacturer of pumps, valves, heat exchangers and accessories for plumbing, wastewater and HVAC - including steam and heat transfer -applicaons. Flojet Flojet is a leading global supplier of small pumps, motors and dispensing pumps for a variety of industries, including the beverage dispensing market. Godwin Godwin is a global leader in the manufacture and supply of fully automatic self-priming pumps. Goulds Water Centrifugal and turbine pumps, controllers, variable frequency drives, Technology and accessories for agricultural, building trades, commercial and light industrial water and wastewater applications Jabsco Jabsco is a worldwide leading manufacturer of products for the recreational marine market and also offers industrial pumps for various applications including hygienic, fluid transfer in chemical processing, paint processing, and construction Lowara Lowara is leading in pumps and drives, offering complete solutions for water supply, wastewater, HVAC and fire protection in agricultural, building services, commercial and industrial applications. Rule Rule is a worldwide leading manufacturer of pumps, switches, and various accessories for the recreational marine market that are available globally at local marine dealers and marine retailers. 35 Smith-Blair Smith-Blair is a leading global manufacturer of fittings that join, repair, restrain, tap and cap pipes for the water, wastewater, gas, oilfield and industrial markets. Accessories e.g Electrical components (control panels, switches etc) CentriPro McDonnell & Miller Standard Xchange Services Sentec Wachs Water Services Motors, repair parts, controls, panels, switches, and other accessories designed to work with Bell & Gossett, Goulds Water Technology, Marlow Pumps, and Red Jacket products and systems. A leader in engineering and manufacturing boiler and liquid level controls, low-water cutoffs, and flow switches for steam and hot water boilers in industrial, commercial and building applications. Standard designs and manufactures heat exchanger products for the chemical, pulp and paper, biofuels, sugar processing, petroleum, power generation, mining and general industrial markets. Sentec- Supporting customers in all stages of product development, from initial concept through to product launch by inventing, developing, assessing or cost reducing a wide variety of technologies, products or processes. Wachs Water helps utilities optimize control of their aging water distribution infrastructures, which reduces the consequences of failure and improves water quality. 36 Annex B: Fluoropolymer uses in Xylem Category Article Sealing applications Seals O-rings Gaskets Sealing tapes Uses UV reactor Ozone system Chlorine disinfection Measuring device e Sector Water treatment Analytical Gas Electric Valves Lubricants & Greases Valve block Valve from Kalrez Switching valves for Analyzers Measuring device Ozone/UV systems Chlorine disinfection Water treatment Analytical Lubricant grease (also used in conjunction with valves- Measuring device Ozone/UV systems Water treatment Analytical Membranes and foils/film Membrane for Teflon vacuum Business Unit Wedeco XAG Evoqua Leopold AWS Sensus Pure Technologies Wedeco Properties Excellent chemical resistance to many highly aggressive liquids (Cl2, ClO2, Hypochlorite, acids). Resistant to UV-irradiation of high dose and over time. Maintain their elasticity and sealing properties at temperatures where other elastomers will harden Chem resistance (ClO2, Hypochlorite, acids) Optimum hardness Evoqua XAG Sensus XAG Wedeco AWS Sensus Pure Technologies Leopold Long period operation High temperatures Low friction, low wear Good gliding properties Resistant to aggressive chemicals and reagents e.g., Valve parts must be lubricated with PFAS lubricants as otherwise they are not tight and aggressive fluid will leak Chemical resistance Gas permeability 37 Category Pistons Tubing Article pump Membrane pump Sensor membranes (Oxygen, Ammonia, Hydrogren, Chlorine, CO2) Uses Measuring device Ozone/UV systems Chlorine disinfection Measuring device Sector Water treatment Analytical Electric Gas Analytical Analyzers Measuring device Ozone/UV systems Chlorine disinfection Pipe inspecon Water treatment Analytical Electric/electronic articles Cables Sockets Insulation Adapters LED Lithium Bateries Measuring device Ozone/UV systems Proprietary electronic comp. Water treatment Analytical Bushing/bearing/Plugs Connectors Measuring device Analytical Business Unit Evoqua XAG Wedeco (sensors) Pure Technologies Sensus XAG Properties Diffusion coefficient Chemical and thermal resistance Elasticity, sliding and abrasion properties Wedeco XAG Evoqua Leopold Pure technology Chemical stable over a wide acidity-alkalinity range High temperatures over a long period of time Wedeco XAG Long period operaon High temperatures Coangs (non-disclosed materials by third party vendors) Sensus Pure technologies AWS XAG Leopold AWS Sensus Pure Technologies 38 Category Pumps Accessory material Pressure Regulators Pressure Valves Heat Exchangers Glycol Make Up Article Mechanical seals Rings (o-rings, quenching casng rings, sealing rings, guide wire o-rings) Coangs for fasteners Cleaner Teflon spray Silicone spray TBD Fluids: Glycol Ethylene Glycol Uses Measuring device Ozone/UV systems Chlorine disinfection (Pumping and circulating clean or contaminated water or chemicals) Measuring device Sector Water treatment Analytical Analytical meters Pressure and AWS temperature regulaon in Steam & Water Systems Business Unit Wedeco Evoqua XAG Lowara AWS Sensus Properties Chem resistance (ClO2, Hypo, acids) Optimum hardness Maintain elascity and sealing properes at high temperatures XAG Sensus Pure HM Pure Technologies Morton Grove Standard Exchange Pressurized soluons for closed loop heang, chilled water, process systems, snowmelt, and radiant heat Heat and Thermal transfer 39 Annex C: Analysis of alternaves for fluoropolymers components in chlorine- based water treatment systems CONFIDENTIAL SECTION. PLEASE SEE CONFIDENTIAL VERSION. 40