Document aJZ3xdampZkJr4q9x8qQnLVR9

SUBMITTED ELECTRONICALLY Monday, September 25th, 2023 European Chemicals Agency Telakkakatu 6 P.O. Box 400 FI-00121Helsinki, Finland To Whom It May Concern, Electric Hydrogen appreciates the opportunity to comment on the proposed PFAS REACH Restriction Annex XV report. Electric Hydrogen believes that fluoropolymers, including perfluorosulfonic acid (PFSA) used as a separator in electrolyzers, pose a limited and manageable risk to human health and the environment and should be exempt from the REACH restriction. Fluoropolymers play an indispensable role in water electrolysis. A total ban on fluoropolymers is not proportionate and would endanger the European Union's ambitious and laudable goals for green hydrogen under the Renewable Energy Directive. Electric Hydrogen is a manufacturer of proton exchange membrane based (PEM) electrolyzers. The company's complete solution includes all the system components required to turn water and electricity into green hydrogen, including power conversion, gas processing, water treatment and thermal management. Electric Hydrogen exists to make molecules to decarbonize the world and help critical industries like steel, aviation, maritime shipping, and heavy-duty transportation advance their climate objectives by making green hydrogen an economic inevitability. Clean hydrogen is a necessary tool in both the energy transition to a net-zero economy and the European Union's efforts to reduce dependence on Russian energy. The REPowerEU Communication from the European Commission calls for producing 10 million metric tons of green hydrogen in the EU member states by 2030.1 To accomplish this ambitious deployment goal, the Joint Declaration of the European Commission and the European Hydrogen Industry calls for increasing electrolyzer manufacturing capacity tenfold by 2025 from the 2022 baseline of 1.75 GWs and for ensuring the necessary manufacturing capacity to enable the deployment of 90 to 100 GWs of electrolyzers by 2030.2 1 REPowerEU: Joint European Action for more affordable, secure and sustainable energy. European Commission, 8/3/2022, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2022%3A108%3AFIN. 21/9/2023 2 European Electrolyzer Summit Joint Declaration. European Clean Hydrogen Alliance, 5/5/2022, file:///Users/paul/Downloads/signature%20Joint%20Declaration%20European%20Electrolyser%20Summit%20V9 %20public.pdf. 21/9/2023 1 Meeting these ambitious goals will require fluoropolymers, a PFAS subtype. Fluoropolymers are used broadly within industry but are indispensable in PEM electrolyzer applications which require perfluorosulfonic acid (PFSA) membranes as separators. PFSA membranes are a subtype of fluoropolymer and are the only available separator material with the required combination of functionality and durability. Consistent with other fluoropolymers, PFSA, is non-toxic, insoluble in water, not bioavailable, and does not bioaccumulate. Given its stability during operation, PFSA in electrolyzers and fuel cells does not pose a risk of release into the environment during operation. To ensure end-of-life recycling, Electric Hydrogen is working with PFSA suppliers to develop protocols, best practices, and systems for PFSA recycling. Additionally, Electric Hydrogen is asking PFSA suppliers to eliminate PFAS surfactants from their manufacturing processes. Given the benign profile of fluoropolymers, including PFSA, a total ban is not proportionate to the risk to human health and the environment which can be confidently managed through improved manufacturing processes and end-of-life recycling protocols. Additionally, a total ban would significantly impair the European Union's ability to achieve the hydrogen and decarbonization goals of the REPowerEU Communication and the European Electrolyzer Summit Joint Declaration. Sincerely, Beth Deane Chief Legal Officer 2