Document 2jMrqO3qeGGY708KyEL9R6m2r

PUBLIC SUBMISSION For Public Use Question 1: Sectors and (sub-)uses: Please specify the sectors and (sub-)uses to which your comment applies according to the sectors and (sub-)uses identified in the Annex XV restriction report (Table 9). If your comment applies to several sectors and (sub-)uses, please make sure to specify all of them. An exemption for the use of PVDF-based ferroelectric terpolymers materials ("Technology") is requested for the heating ventilation and air-conditioning (HVAC) sector. The request is based upon current stateof-art research which suggests that this Technology is non-toxic, not environmentally mobile, not bioaccumulative and can be produced without a PFAS polymerization aid. This Technology can potentially enable a solid-state, traditional refrigerant-free HVAC solution and significantly enhance the energy efficiency of such systems. The Technology is in the early stages of development for its potential application as a synthetic fluorinated refrigerant-free HVAC solution which employs the principle of electrocalorics1. This Technology, in lieu of synthetic fluorinated gases/refrigerants, is anticipated to significantly improve the energy efficiency of HVAC systems and potentially eliminate the need for GWP and environmentally harmful synthetic fluorinated refrigerants. The Technology has the potential to be a key enabler to meet or exceed efficiency targets for HVAC systems, essential to reduce the energy demand and overall carbon footprint associated with the use of electricity. The maturity of the material science needed for the practical application of the Technology in products will not likely be further developed or commercialized unless an exemption is granted. This case of a use of a polymeric solid phase material and the potential for the reduction of the use of current generation synthetic fluorinated refrigerants is consistent with the goals of the Green Deal and the Chemical Strategy for Sustainability. Additionally, this request is in alignment with Environmental, Social, and Governance (ESG) goals, which include reducing customers' carbon footprint by substantial amounts and reducing lifecycle impacts. Therefore, an exemption is respectfully requested for the potential development and use of the Technology to enable disruptive and novel HVAC solutions. The potential societal benefit of this Technology includes reduction of environmentally adverse synthetic fluorinated refrigerants and significant efficiency improvements leading to overall reduction in energy demand for climate comfort solutions. Additional clarifications can be found in the confidential portion of the submission. 1. Ozbolt, M., Kitanovski, A. et al. "Electrocaloric refrigeration: Thermodynamics, state of the art, and future perspectives." International Journal of Refrigeration 40 (2014) 174-188. Question 2: Emissions in the end-of-life phase: The environmental impact assessment does not cover emissions resulting from the end-of-life phase. To get a better understanding of the extent of the resulting underestimation, (sub-)use-specific information is requested on emissions across the different stages of the lifecycle of the products, i.e. the manufacture phase, the use phase and the end-of-life phase. Please provide justifications for the representativeness of the provided information. In particular: PUBLIC SUBMISSION a. Please provide, at the (sub-)use level, an indication of the share of emissions (as percentages) attributable to these three different stages. An indication of annual emission volumes in the end-of-life phase at sector or sub-sector level would also be appreciated. b. If possible, please provide for each (sub-)use what share of the waste (as percentages)is treated through incineration, landfilling and recycling. Please provide information to justify estimates as well as information of the form of recycling referred to. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission. Question 3: Emissions in the end-of-lifephase: With respect to waste management options, additional information is requested on the effectiveness of incineration under normal operational conditions (for different waste types, e.g. hazardous, municipal) with respect to the destruction of PFAS and the prevention of PFAS emissions. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission. Question 4: Impacts on the recycling industry: To get an understanding on the impacts of the proposed restriction on the recycling industry, information is requested on: a. The impacts that the concentration limits proposed in paragraph 2 of the proposed restriction entry text (see table starting on page 4 of the summary of the Annex XV restriction repo rt) have on the technical and economic feasibility of recycling processes (together with a clear indication on the waste streams to which the described impacts relate). b. The measures that recyclers would need to take to achieve the proposed concentration limits. c. The cost associated with these measures. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission. Question 5: Proposed derogations--Tonnage and emissions: Paragraphs 5 and 6 of the proposed restriction entry text (see table starting on page 4 of the summary of the Annex XV restriction report) include several proposed derogations. For these proposed derogations, information is requested on the tonnage of PFAS used per year and the resulting emissions to the environment for the re levant use. Please provide justifications for the representativeness of the provided information. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission. Question 6: Missing uses--Analysis of alternatives and socio-economic analysis: Several PFAS uses have not been covered in detail in the Annex XV restriction report (see uses highlighted in blue and orange in Table A.1 of Annex A of the Annex XV restriction report). In addition, some relevant uses may not have been identified yet. For such uses, specific information is requested on alternatives and socioeconomic impacts, covering the following elements: a. The annual tonnage and emissions (at sub-sector level) and type of PFAS associated with the relevant use. PUBLIC SUBMISSION b. The key functionalities provided by the PFAS for the relevant use. c. The number of companies in the sector estimated to be affected by the restriction. d. The availability, technical and economic feasibility, hazards, and risks of alternatives for the relevant use, including information on the extent (in terms of market shares) to which alternative-based products are already offered on the EU market and whether any shortages in the supply of relevant alternatives are expected. e. For cases in which alternatives are not yet available, information on the status of R&D processes for finding suitable alternatives, including the extent of R&D initiatives in terms of time and/or financial investments, the likelihood of successful completion, the time expected to be required for substitution (including any relevant certification or regulatory approvals ) and the major challenges encountered with alternatives which were considered by subsequently disregarded. f. For cases in which substitution is technically and economically feasible but more time is required to substitute: i. The type and magnitude of costs (at company level and, if available at sector level) associated with substitution (e.g. costs for new equipment or changes in operating costs); ii. The time required for completing the substitution process (including any relevant certification or regulatory approvals); iii. Information on possible differences in functionality and the consequences for downstream users and consumers (e.g. estimations of expected early replacement needs or expected additional energy consumption); iv. Information on the benefits for alternative providers. g. For cases in which substitution is not technically or economically feasible, information on what the socio-economic impacts would be for companies, consumers, and other affected actors. If available, please provide the annual value of EU sales and profits of the relevant sector, and employment numbers for the sector. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission. Question 7: Potential derogations marked for reconsideration--Analysis of alternatives and socioeconomic analysis: Paragraphs 5 and 6 of the proposed restriction entry text (see table starting on page 4 of the summary of the Annex XV restriction report) include several potential derogations for reconsideration after the consultation (in [square brackets]) . These are uses of PFAS where the evidence underlying the assessment of the substitution potential was weak. The substitution potential is determined on the basis of i) whether technically and economically feasible alternatives have already been identified or alternative-based products are available on the market at the assumed entry into force of the proposed restriction, ii) whether known alternatives can be implemented before the transition period ends (taking into account time requirements for substitution and certification or regulatory approval), and iii) whether known alternatives are available in sufficient quantities on the market at the assumed entry into force to allow affect companies to substitute. PUBLIC SUBMISSION A summary of the available evidence as well as the key aspects based on which a derogation is potentially warranted are presented in Table 8 in the Annex XV restriction report, with further details being provided in the respective sections in Annex E. To strengthen the justifications for a derogation for these uses, additional specific information is requested on alternatives and socio-economic impacts covering the elements described in points a) to g) in question 6 above. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission. Question 8: Other identified uses--Analysis of alternatives and socio-economic analysis: Table 8 in the Annex XV restriction report provides a summary of the identified sections and (sub -)uses of PFAS, their alternatives and the costs expected from a ban of PFAS. More details on the available evidence are provided in the respective sections in Annex E. For many of the (sub-)uses, the information on alternatives and socio-economic impacts was generic and mainly qualitative. In particular, evidence on alternatives was inconclusive for some applications falling under the following (sub-)uses: technical textiles, electronics, the energy sector, PTFE thread sealing tape, non-polymeric PFAS processing aids for the production of acrylic foam tape, window film manufacturing, and lubricants not used under harsh conditions. More information is needed on alternatives and socio-economic impacts to conclude on substitution potential, proportionality, and the need for time-limited derogations. Therefore, specific information (if not already included in the Annex XV restriction report or covered in the questions above) is requested on alternatives and socio-economic impacts covering the elements listed in points a) to g) in question 6 above. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission. Question 9: Degradation potential of specific PFAS sub-groups: A few specific PFAS sub-groups are excluded from the scope of the restriction proposal because of a combination of key structural elements for which it can be expected that they will ultimately mineralize in the environment. RAC would appreciate to receive any further information that may be available regarding the potential pathways, kinetics or produced metabolites in relevant environmental conditions and compartments for trifluoromethoxy, trifluoromethylamino-, and difluoromethanedioxy-derivatives. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission. Question 10: Analytical methods: Annex E of the Annex XV restriction report contains an assessment of the availability of analytical methods for PFAS. Analytical methods are rapidly evolving. Please provide any new or additional information on new developments in analytics not yet considered in the Annex XV restriction report. Due to the early research and development stage of the Technology, detailed response to this question has been included in the confidential portion of the submission.