Document bOVxzQxvwa51jroL33poEMwGk

Submission Consultation on the Annex XV restriction report on the restriction on the manufacture, placing on the market and use of PFASs CHEM Trust general comments and additional supporting evidence September 2023 General comments CHEM Trust would like to thank the authorities from Denmark, Germany, the Netherlands, Norway, and Sweden for preparing this comprehensive restriction proposal. The joint European research programme HBM4EU recently evidenced frequent and high exposure to per- and polyfluoroalkyl substances (PFAS) and recommended taking "all possible measures to prevent further contamination of the European population"1. This shows that this restriction is long overdue as the contamination was allowed to happen despite the knowledge of PFAS' high persistence and concerns about their harmful effects. CHEM Trust agrees with the dossier submitters' conclusion that a restriction is the most appropriate and effective option to adequately control the risks from PFAS. We fully support the grouping approach adopted by the dossier submitters and the proposal for the restriction on the manufacturing, use and placing on the market of PFAS, with a nearly total phase out by the end of all transition periods, leading to a PFAS-free economy in the EU. This is the most efficient way to prevent regrettable substitution and reduce PFAS emissions to a minimum to protect present and future generations from the irreversible impacts of PFAS contamination. 1 Uhl et al., 2023. PFASs: What can we learn from the European Human Biomonitoring Initiative HBM4EU. International Journal of Hygiene and Environmental Health. 250, 114168. https://doi.org/10.1016/j.ijheh.2023.114168 www.chemtrust.org www.chemtrust.org/de CHEM Trust EU Transparency register ID: 27053044762-72 Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 2 In CHEM Trust's view the following points are crucial for the restriction to be effective: see also details in section 1 and additional supporting evidence provided in section 2: The broad scope of the restriction covering all very persistent PFAS, including fluoropolymers should be retained - see 1.a The derogations should be kept to a minimum: with a narrow scope exclusively targeting specific uses which are critical and for which no acceptable alternatives are yet available; and with transitions periods as short as possible - see 1.b There should be no time unlimited derogation for the use of PFAS as active substance in Plant Protection Products, Biocidal Products and Human and Veterinary Products - see 1.c 1. Comments and recommendations 1.a. Scope We fully support the grouping approach adopted by the dossier submitters, based on the OECD 2021 PFAS definition and covering all very persistent PFAS and their precursors, with high persistence being the key hazardous property. The dossier presents an extensive assessment of the hazardous properties reported for PFAS in addition to their very high persistence (eg. mobility, bioaccumulation, ecotoxicity, effects on human health), and the concerning effects resulting from their combination. The dossier makes a very strong case of the unacceptable risk due to continuous emissions of highly persistent PFAS in the environment, leading to increasing levels and therefore increasing likelihood of irreversible adverse effects. In addition, to the evidence in the dossier, we would suggest adding some further studies (as we have compiled under 2.1). Furthermore, there is increasing evidence that PFAS mixtures, replacement PFAS and novel PFAS have an adverse impact on our ecosystem and human health (Please see additional studies which we have compiled under 2.2). Therefore, only a full grouping approach can stop regrettable substitution within the PFAS group and truly stem the flow of PFAS pollution. We fully support the inclusion of fluoropolymers and other polymeric PFAS in the scope of the restriction as they represent a source of emissions of bioavailable PFAS at every stage of their life cycle. We propose that new and relevant publications are added in the dossier to underline this aspect (see 2.3.1). The inclusion of fluoropolymers in the scope of the restriction is critical to achieve the overall aim of reducing the emissions of highly persistent PFAS to a minimum. www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 1.b Risk management options and derogations Page 3 Given PFAS' extreme persistence, their extensive presence in our environment and bodies due to past inaction over two decades, and their widespread use in the economy, it's crucial to promptly eliminate all emissions sources to prevent further accumulation. This is why, in theory, we prefer the restriction option 1 (RO1) with no derogations and full phase out after 18-month transition period. However, we recognise the need for extended transition periods where no alternatives are currently available and for which the uses are critical for the health, safety and functioning of the society. Studies have shown that PFAS are still being used in areas, such as upholstery fabrics, where they have no practical benefit and can be easily eliminated without any noticeable changes in performance2. There is simply no justification for continuing the use of PFAS in areas where they can be easily avoided and are not absolutely critical for the functioning of the society. Regarding the use of PFAS in critical applications, there are already strong indications that the transition to a PFAS-free economy is underway. For instance, PFAS-free alternatives are being developed for applications in semiconductors or hydrogen production (Please see additional alternatives which we have compiled under 2.4). These recent developments illustrate that companies have already started to move away from the use of PFAS and these efforts should be supported and expanded. As we discuss in detail in section 2.4, the successful development of PFAS free alternatives also illustrates that, a successful green and digital transition can occur without burdening the planet with yet more irreversible PFAS pollution. Overall, PFAS chemistry should not become locked-in in various uses and sectors, thus blocking the development PFAS free alternatives3. Instead, even if some derogations might be needed for some of these uses, it is imperative that the incentive to find safer alternatives remains. CHEM Trust considers that it is crucial to keep in mind for potential derogations what the dossier highlights in this regard, that "...even if further releases of PFASs were immediately prevented, existing environmental stocks as well as technical stock (stock of PFASs in existing articles) and PFAS-containing waste would continue to be a source of exposure for generations." Every PFAS use contributes to PFAS emissions and every additional emission increases the PFAS pollution burden that will impact generations to 2 LaPier, J. et al., 2023. Evaluating the Performance of Per- and Polyfluoroalkyl Substance Finishes on Upholstery Fabrics, AATCC Journal of Research, vol. 10, no. 4. https://doi.org/10.1177/24723444231159856 3 Scheringer, 2023. Innovate beyond PFAS. Science, Vol 381, Issue 6655 https://doi.org/10.1126/science.adj7475 www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 4 come. Every effort should be made to reduce society's reliance on PFAS chemistry and phase out PFAS use. The fate of PFAS containing products at their end of life is also a major concern. Leakage of PFAS during the waste stage is a source of PFAS emissions, with the capture of PFAS-bearing waste representing another challenge, in particular for consumer products containing PFAS (Please see additional studies which we have compiled under 2.3.4). This justifies the need to limit derogations to a strict minimum of specific uses. CHEM Trust recommends that derogations should remain exceptional, time limited, and should be allowed only in those cases where industry provides clear justification; including details on how planned use(s) and exposure(s) throughout their lifecycle and the waste stream can be properly controlled and managed. We also recommend that transition periods should remain as short as possible. 1.c Time unlimited derogations In our view, there are at present no justifications for time unlimited derogations, and time limits are necessary to create the incentive to innovate towards safer alternatives. With the exception of derogation 5.t. "...calibration of measurement instruments and as analytical reference materials," which are necessary for monitoring PFAS for the purpose of tracking progress, identifying hot spots, informing public health interventions, and further regulatory action. Due to the extreme persistence of PFAS, such analysis will be necessary for decades to come and therefore a time unlimited derogation is justified for this use only. In particular, we are very concerned regarding the time unlimited derogation for the use of PFAS as active substances in biocidal, plant protection and in human and veterinary products (derogation 4.a, b and c). The use of PFAS in these sectors represents a direct source of environmental contamination and human exposure, with evidence of widespread environmental contamination (see additional evidence currently missing from the dossier in 2.3.3). In addition, these regulations do not regulate the manufacturing of the active substances in the EU. They only regulate the authorisation for use in the EU. This leads, for instance, to the export of banned pesticides such as Fipronil (a PFAS) outside of the EU (see details in 2.3.3). The only way to restrict the manufacturing of these substances and prevent the escalation of global PFAS pollution is through a REACH restriction. www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 5 2. Additional evidence from recent studies to complement the dossier 2.1 Environmental fate and long-term contamination Section B.4.3. Persistence compensating low bioaccumulation potential for mobile substances of Annex B of the restriction dossier states in its conclusion that "Substances that are both persistent and mobile in the environment have the potential to be transported long distances from the point of emission. If such substances accumulate over time in remote regions they can reach levels that may have effects on both ecosystems and human health." We would like to bring to the attention of the dossier submitters and the committees a study from the Environment Agency (2022) assessing the timescale of the fate of highly persistent and mobile PFAS in the global environment. Using modelling, the study estimates how long it takes for such substances (using PFHxA and GenX as case studies) to reach a steady-state concentration at local, regional/continental, and global scale. This is critical to assess how quickly the concentration of a substance will decrease after reduction/cessation of emissions. The study shows that at the global scale (i.e. PFAS reaching remote areas), "steady-state will be reached only very slowly for GenX and PFHxA, i.e., over many tens or hundreds of years", indicating that the concentration would only reduce very slowly following a reduction or cessation of emission. In addition, we propose to add the study from Ryule et al. (2023) to Annex B, section B.4. Environmental fate properties. It demonstrates how the stock of arrowheads precursors at a contaminated site will remain a source of PFAS emissions (i.e. PFBS and PFHxS) for centuries. References: Environment Agency, 2022. Characterising the hazard of highly persistent substances that exhibit low levels of bioaccumulation. Environment Agency, Bristol. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_d ata/file/1050073/Characterising_the_hazard_of_highly_persistent_substances_that_exhibit _low_levels_of_bioaccumulation_-_report.pdf Ruyle et al., 2023. Centurial Persistence of Forever Chemicals at Military Fire Training Sites. Environ. Sci. Technol., 57, 21, 8096-8106 https://doi.org/10.1021/acs.est.3c00675 2.2 Co-exposure to legacy and alternative PFAS and adverse effects The dossier already provides extensive evidence regarding the impact of replacement and novel PFAS as well as PFAS mixtures, justifying the full group approach. We would like to draw attention to the following recent studies which could be added to the evidence basis. www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 6 Koelmel et al. (2023) discovered novel PFAS in whole blood using non targeted PFAS analysis on dried blood samples. They detected 86 potential PFAS, including 3 "perfluoroalkyl ether carboxylic acids (PFECA), a chemical class of PFAS which is increasingly being detected in environmental and biological matrices but is not currently screened in most targeted analyses". This study could be added to Annex B, section B.9.22.6. Non-target and suspect screening of PFASs in humans. Xie et al. (2023) demonstrated "the common presence of legacy and alternative per- and polyfluoroalkyl substances in glioma and non-glioma human brain tissue samples" based on targeted analysis of 17 PFAS compounds. PFHxA, PFOA, PFOS, FOSA, and 6:2 ClPFESA were detected in glioma samples at high frequencies (> 60 %). The author concluded that "the positive correlations between PFAS concentrations and glioma grades and pathological molecular markers of glioma (i.e., Ki-67, P53) suggested a linkage between PFAS exposure and glioma". This study could be added to Annex B, B.5.3.3. Carcinogenicity (epidemiological evidence), B.9.22.2. Targeted analyses of PFAAs in humans, and B.9.22.3. Targeted analyses of PFAEs and cyclic PFASs in humans. Erlich et al. (2023) performed a literature review to explore PFAS-associated immunerelated effects. They concluded that "there is substantial evidence from both in vitro and in vivo experimental as well as epidemiological studies, supporting that various PFAS, not only PFOA and PFOS, affect multiple aspects of the immune system" [our emphasis]. This study could be added to Annex B, B.5.3.1.1. Immune outcomes. References: Ehrlich, V. Bil, et al., 2023. Consideration of pathways for immunotoxicity of per- and polyfluoroalkyl substances (PFAS) Environ Health vol. 22, no. 19. https://doi.org/10.1186/s12940-022-00958-5 Koelmel, J.P. et al., 2023. Novel perfluoroalkyl substances (PFAS) discovered in whole blood using automated non-targeted analysis of dried blood spots, Science of the Total Environment, vol 883. https://doi.org/10.1016/j.scitotenv.2023.163579 Xie, M.Y. et al., 2023. Glioma is associated with exposure to legacy and alternative perand polyfluoroalkyl substances, Journal of Hazardous Materials, vol 441. https://doi.org/10.1016/j.jhazmat.2022.129819 2.3 Emissions 2.3.1. From fluoropolymers and fluoroelastomers life cycle The following recent studies could be added to Annex B, B.9.2. PFASs manufacturing, as additional evidence of emissions of bioavailable PFAS related to the manufacturing and use of fluoropolymers and fluoroelastomers. Several of these examples are related to www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 7 manufacturing processes occurring outside of the EU, however, we would argue that these emissions should be accounted for in EU calculations for the following reasons: Fluoropolymers manufactured outside of the EU could be used in products imported in the EU. The long-range transport of PFAS has been clearly demonstrated and any emissions happening outside the EU can contribute to PFAS pollution in the EU. Finally, the contamination of the global population and ecosystems with PFAS beyond EU borders is of great concern. Based on data supplied by the manufacturer, the Environment Agency (2023a, b, c, d) estimated annual rates of emissions of several PFAS used in the manufacturing process of fluoropolymers from a plant based in Lancashire, England: [1,1,2,2-tetrafluoro-2-(pentafluoroethoxy)-ethoxy]acetate, also known as perfluoro[(2-ethoxy-2-fluoroethoxy)acetic acid], ammonium salt or EEA-NH4 belongs to the group of perfluoroether carboxylic acids and is used on site as a surfactant in the aqueous polymerization process to produce PTFE. EEA-NH4 is self-classified as reprotoxic by the registrant. An average of 738kg per year of EEA-NH4 is emitted into the River Wyre (1160kg/year in a reasonable worst case scenario). Emissions to air are estimated at <0.1 tonnes/year by the manufacturer. 1H-perfluorohexane or 1H-PFHx belongs to the group of hydrofluorocarbons and is used on site as a solvent in the polymerisation process to produce ETFE: In a reasonable worst-case scenario, 1H-PFHx is emitted at a rate of 40kg/year into the River Wyre and 30900kg/year into the air. 1,1,1,2,2,3,3-heptafluoro-3-[(trifluorovinyl)oxy]propane or PPVE belongs to the group of per-/polyfluorinated vinyl ethers, is a precursor of perfluoropropionic acid (PFPA) and is used on site as a monomer in the manufacture of fluoropolymers. No estimation for PPVE emissions from the Environment Agency, only the information provided by the manufacturer estimating that <1 kg/year of PPVE is release to air. Perfluorobutylethylene or PFBE is used as a co-monomer to manufacture PTFE and ETFE. Based on the mass balance, the manufacturer estimates an annual release of less than 1 kg/year PFBE into surface water and less than 900.5 kg/year into air (N.B. from the Environment Agency: this is for all markets from this manufacturer, not just the UK). Dauchy (2023) shows that the soil downwind of a PVDF and fluoroelastomer production site in Lyon, France has been contaminated with PFUnDA and PFTrDA from airborne emissions. The author concluded that "the PFAS profiles observed in soil and dust samples very likely originate from the processing aids used for PVDF and fluoroelastomer production". www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 8 In North Carolina, USA, Zhou et al., (2022) measured airborne PFAS on PM2.5 filters in close proximity to a major fluoropolymer manufacturing facility. Out of the 34 targeted PFAS, 13 PFAS were found at higher concentrations in these nearfield samples than at regional background sites, suggesting a local source for these compounds. With PFBA, PFHxA, PFHxDA, PFOS, PMPA, NVHOS, PFO5DoA, and Nafion BP1 contributing the most to the total PFAS concentration (86%). References: Dauchy, 2023. Evidence of large-scale deposition of airborne emissions of per- and polyfluoroalkyl substances (PFASs) near a fluoropolymer production plant in an urban area. Chemosphere, 337, 139407. https://doi.org/10.1016/j.chemosphere.2023.139407 Environment Agency, 2023a. Environmental risk evaluation report: Perfluoro(2-ethoxy-2fluoroethoxy)-acetic acid, ammonium salt [EEA-NH4] (CAS no. 908020-52-0). Environment Agency, Bristol. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_d ata/file/1146182/8._Environmental_risk_evaluation_report_Perfluoro_2-ethoxy-2fluoroethoxy_-acetic_acid__ammonium_salt.pdf Environment Agency, 2023b. Environmental risk evaluation report: Trideca1,1,1,2,2,3,3,4,4,5,5,6,6-fluorohexane [1H-PFHx] (CAS no. 355-37-3). Environment Agency, Bristol. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_d ata/file/1146176/5._Environmental_risk_evaluation_report_Trideca1_1_1_2_2_3_3_4_4_5_5_6_6-fluorohexane.pdf Environment Agency, 2023c. Environmental risk evaluation report: 1,1,1,2,2,3,3Heptafluoro-3-[(trifluorovinyl)oxy]propane [PPVE] (CAS no. 1623-05-8). Environment Agency, Bristol. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_d ata/file/1146179/6._Environmental_risk_evaluation_report_1_1_1_2_2_3_3-Heptafluoro-3__trifluorovinyl_oxy_propane.pdf Environment Agency, 2023d. Environmental risk evaluation report: 3,3,4,4,5,5,6,6,6Nonafluorohexene [Perfluorobutylethylene; PFBE] (CAS no. 19430-93-4). Environment Agency, Bristol. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_d ata/file/1146181/7._Environmental_risk_evaluation_report_3_3_4_4_5_5_6_6_6 Nonafluorohexene.pdf Zhou, J. et al., 2022. Legacy and emerging airborne per- and polyfluoroalkyl substances (PFAS) collected on PM2.5 filters in close proximity to a fluoropolymer manufacturing facility, Environmental Science: Processes and Impacts, vol. 12. https://doi.org/10.1039/D2EM00358A www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 2.3.2 From food contact materials Page 9 Hubbard et al. (2022) analysed wastewater from 23 food, beverage, and feedstock processing facilities (food process wastewater or FPWW) in the US for hundreds of organic analytes, including PFAS. Of the 184 organic contaminants detected 9% were PFAS (17 distinct compounds), with concentrations up to 143 g/L for 6:2FTS and cumulative PFAS concentrations up to 185 g/L. 6:2FTS is a PFAS previously detected in food packaging. In addition, the authors note that the "organic contaminant profiles of FPWW differed from previously reported contaminant profiles of municipal effluents and urban storm water, indicating that FPWW is another important source of chemical and microbial contaminant mixtures discharged into receiving surface waters". From the data presented in this study, FPWW appear as a non-negligeable source of PFAS emissions into the environment. This study could be added to Annex B, B.9.4.2.3.C - Industrial food and feed manufacturing. Reference: Hubbard et al., 2022. Food, Beverage, and Feedstock Processing Facility Wastewater: a Unique and Underappreciated Source of Contaminants to U.S. Streams. Environ. Sci. Technol., 56, 2, 1028-1040 https://pubs.acs.org/doi/10.1021/acs.est.1c06821 2.3.3 From Plant Protection Products and Biocidal Products - Fipronil case study Fipronil is a PFAS and an active substance used in pesticides and biocides. It has been banned from use as a pesticide in the EU since 2013, but is still authorized for use as a veterinary drug for flea treatment in the EU. Perkins et al. (2021) have demonstrated the widespread contamination of English rivers with fipronil and fipronil metabolites with detection rates exceeding 95% of samples. Across the river sites sampled, the mean concentrations of fipronil (17 ng/l, range <0.3-980 ng/l), and fipronil sulfone (6.5 ng/l, range <0.2-39 ng/l) were 5.3 and 38.1 times their chronic toxicity limits of 3.2 and 0.17 ng/l, respectively. This clearly shows that the current regulation is not adequately controlling emissions and the risk from the use of PFAS as active substance in Biocidal Products (note that the case study is in England, but the regulation is based on transposed EU law, pre-Brexit). In addition, Fipronil is still being manufactured in the EU and exported to third countries for use as a pesticide (Bollmohr and Haffmans, 2022). This pesticide is particularly being exported to Brazil where the pulverisation of Fipronil by plane has recently caused the death of 100 millions bees (Fohla de S.Paulo, July 2023). Traces of Fipronil can also be found in fruits and vegetables imported into the EU, leading to further PFAS exposure of the EU population (Bollmohr and Haffmans, 2022). The current Plant Protection Product www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 10 regulation does not cover manufacturing in the EU. It only covers authorisations for uses in the EU. Only a restriction via REACH would cover manufacturing. In Annex B, "B.9.17. Active substances in Plant Protection Products (PPP), Biocidal Products (BP) and Medicinal Products (MP)" the dossier states that "As the uses of active substances in Plant Protection Products (PPP), Biocidal Products (BP) and Medicinal Products (MP) are derogated from the restriction proposal without a time-limit, this sector has not been studied in detail." In our view, this is a gap in the dossier and health and environmental protection from these uses should not be left out. References: Bollmohr and Haffmans, 2022. Imports and exports: banned but sold anyway. Pesticide Atlas 2022. Heinrich Bll Stiftung. https://eu.boell.org/en/PesticideAtlas-imports-exports Fohla de S.Paulo, 21 July 2023. Mais de 100 milhes de abelhas morrem em Mato Grosso aps uso indevido de agrotxico. https://www1.folha.uol.com.br/ambiente/2023/07/mais-de100-milhoes-de-abelhas-morrem-em-mato-grosso-apos-uso-indevido-de-agrotoxico.shtml Perkins et al., 2021. Potential role of veterinary flea products in widespread pesticide contamination of English rivers. Science of the Total Env. 755, 143560 https://doi.org/10.1016/j.scitotenv.2020.143560 2.3.4 From waste/ End of Life The capture and fate of PFAS-bearing waste is of concern as it represents a source of uncontrolled PFAS emissions, even for products with a dedicated waste stream such as electrical and electronic equipment (see below). We would like to bring to the attention of the dossier submitters the following studies which could be added to the dossier. Inefficient incineration: PFAS emissions via flue gas/fly ash The study by Strandberg et al. (2021) can be added to Annex B, section, B.9.18.2.4. Incineration as further evidence that PFAS are not efficiently destroyed even at high temperatures. The study analyses 27 incineration plants in Sweden, incinerating a variety of household, industrial and hazardous waste, at up to 1125 C. Various PFAS like 6:2 diPAP, 8:2 PAP, 8:2 diPAP, PFSA, 6:2 FTS, PFCA, PFPeA and PFHxA, PFBS, PFHxS and PFOS, 6:2 FTS and 8:2 FTS were found in bottom ash, fly ash and condensate water. For fly ash, there were detectable levels of PFAS at concentrations between 0.18 to 37.71 g/kg. Thus, this study also adds evidence to the following gap mentioned in Annex B, section B.9.18.2.4. Incineration (p. 307). "Additionally, one publication also analysed PFASs in fly ash (Sandblom, 2014), however no fly ash data was available for Europe www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 11 (...)". The study by Strandberg et al. (2021) provides clear evidence that PFAS emissions are happening via fly ash in Europe. Furthermore, in Annexe B, section B.9.18.2.4. Incineration (p. 307), dossier submitters note that "Although PFASs can rarely be found in the flue gas and no quantitative data is available (...)" we would like to bring attention to the following study by Bjrklund et al. (2023) which can fill the gap on PFAS emissions via flue gas. The study analyses the incineration (up to 1100 C) of two different waste mixes, normal municipal solid waste incineration (MSWI) and incineration of a waste mix with 5-8 wt % sewage sludge added to the MSWI (referred to as Sludge:MSWI), and finds short-chain (C4-C7) perfluorocarboxylic acids to be the most abundant PFAS in residues. Detectable PFASs in flue gas is 4.0-5.6 ng m-3. Waste stage emissions from PFAS bearing electronics We would also like to bring to the dossier submitters' attention two studies by Zhou et al. (2023) and Sayers and Peagam (2020) on PFAS emissions from electronic waste. These studies on the electronics sector could be added to Annex B, section B.9.18.2.11 Summary, where the dossier submitters highlight high PFAS emissions during the waste stage in sectors such as food contact and packaging, textile and manufacturing. The evidence on PFAS emissions during the waste phase can be made even stronger if emissions from the electronics sector are added. Zhou et al (2023) show that e-waste dismantling activity is a significant source of PFAS emissions and occupational exposure. They show that workers in e-waste dismantling workshops are exposed to PFAS such as 8:2 fluorotelomer alcohol and Perfluoroalkyl carboxylic acids (C2 -C3), mainly via dust ingestion and hand to mouth contact. The study finds total PFAS exposure in workers to be up to 555pg/kg BW/day. Another study, using data from 2017, estimated that "at least 500,000 tonnes of waste electricals were lost through being thrown away, hoarded, stolen, or illegally exported" in the UK. This is equivalent to 30% electrical and electronic equipment put on the market in the UK the same year (Sayers and Peagam, 2020). Although this last study is from the UK, it indicates the difficulty in controlling PFAS emissions arising from e-waste. PFAS emissions from recycled products Finally, we would like to highlight the study by Thompson et al (2023) on PFAS emissions from toilet paper made of recycled material which could be added to Annex B, section B.9.18.2.9. Recycling. The study analysed toilet paper samples from around the globe, including Western Europe, and found 6:2 fluorotelomer phosphate diester (6:2 diPAP) to be the predominant PFAS in the samples. The study further shows that toilet paper waste contributes up to 6.4 to 80 g/person-year of 6:2 diPAP to wastewater-water systems. www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 12 This illustrates again the importance of restricting PFAS in order to achieve a clean circular economy. References: Bjrklund, S. et al., 2023. Emission of Per- and Polyfluoroalkyl Substances from a Wasteto-Energy PlantOccurrence in Ashes, Treated Process Water, and First Observation in Flue Gas, Environmental Science and Technology, vol. 57, no. 27., pp. 10089-10095. https://doi.org/10.1021/acs.est.2c08960 Sayers and Peagam, 2020. Electrical Waste - Challenges and Opportunities: An investigation into Waste Electrical and Electronic Equipment (WEEE) flows in the UK. Material Focus report, 159 pages https://eprints.lancs.ac.uk/id/eprint/145741/1/Material_Focus_Electrical_waste_challenges_ and_opportunities.pdf Strandberg, J. et al., 2021. PFAS in waste residuals from Swedish incineration plants: A systematic investigation, IVL Swedish Environmental Research Institute. https://www.ivl.se/download/18.556fc7e17c75c849331b76d/1636533451380/B2422%20PF AS%20from%20Swedish%20Waste%20Incineration%20Plants.pdf Thompson et al., 2023. Per- and Polyfluoroalkyl Substances in Toilet Paper and the Impact on Wastewater Systems, Environmental Science and Technology Letters, vol. 10, no. 3, pp. 234-239. https://doi.org/10.1021/acs.estlett.3c00094 Zhao et al., 2023. Electronic-waste-associated pollution of per- and polyfluoroalkyl substances: Environmental occurrence and human exposure. Journal of Hazardous Materials, Vol. 451, 131204. https://doi.org/10.1016/j.jhazmat.2023.131204 2.4 Alternatives in the digital and green transition sectors Currently, there are a lot of claims from certain parts of the industry that seem to suggest that PFAS are irreplaceable for digital and green transition sectors in Europe - such as the semiconductors and renewable energy sector. However, the dossier submitters have already correctly highlighted various PFAS free alternatives in these sectors, which shows that a PFAS free green transition is possible and is already underway. Additionally, we think it is important to add the following available solutions and technologies to the list of non-PFAS alternatives already mentioned in the dossier: Alternatives for the etching process in the semiconductor sector Novec 4200, FC95, Novec 4300, Alkyl polyglucosides with trade names BG10 and CG50 and polyoxyethylene surfactants of Brij35 and BrijS100 are functional and non-PFAS alternatives to PFAS based surfactants. These alternatives have been tested successfully by over a 100 semiconductor companies. The companies have provided positive feedback with no reported deleterious effects on the final products. Toxicity comparisons indicate that these alternatives are far less hazardous to human health than PFAS. (ChemSec, www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de CHEM Trust comments to uPFAS restriction - 2023 Page 13 2023; Sharma et al., 2023). This information can be added to Annex E, section E.2.11.2. Alternatives, and Annex E, table E.128. List of available non-PFAS substances and technics in Electronics. In particular, we would like to bring the dossier submitters' attention to the following quote in Annex E, E.2.11.4. Economic and other impacts: "currently, the semiconductor industry does not see an option to substitute the fluorine chemistry from their processes immediately. It is assumed that this process will take more than five years (...) in general, the industry stakeholder consensus in the semiconductor industry is also that PFAS alternatives are not identified and if they are available, in due time the expected transition costs vary from 20-30 million to more than 100 million and the expected transition times vary per use/component but are expected to be considerable (3-10+ years)." In contrast to this argument, Transene Company, a manufacturer of advanced materials for the electronics industry, has managed to co-create PFAS free etching solutions with the help of PhD students in a short time span of one year (UMAss Lowell, 2022). This shows that PFAS free alternatives maybe challenging to develop, but are actually not as hard to find as the industry suggests. Alternatives for Hydrogen fuel cell PemionTM, Aemion+TM, and Polyphenylquinoxalines (PPQs) are some PFAS free alternatives to Nafion membrane (Fraunhofer IAP, 2023, Ionomr solutions). Although these alternatives are still under development and no instant large-scale availability is expected, these developments suggest that non-PFAS alternatives can be found if innovation is supported and encouraged by the right regulatory framework. This information can be added to Annex E, Table E.134. List of available non-PFAS substances and technics in Energy sector. References: ChemSec, 2023. Check your tech: guide to PFAS in electronics. 32p https://chemsec.org/app/uploads/2023/04/Check-your-Tech_230420.pdf Fraunhofer IAP, 2023. Novel anion-conducting membranes for electrolysis. https://www.iap.fraunhofer.de/en/press_releases/2023/novel-anion-conducting-membranes-forelectrolysis.html Ionomr innovations https://ionomr.com/solutions/aemion/ Ionomr innovations https://ionomr.com/solutions/pemion/ Sharma et al., 2023. Safer and effective alternatives to perfluoroalkyl-based surfactants in etching solutions for the semiconductor industry. Journal of Cleaner Production, Vol 415, 137879. https://doi.org/10.1016/j.jclepro.2023.137879 UMass Lowell, Oct 2022. Students Help Local Company Find Safer Alternatives to PFAS. https://www.uml.edu/news/stories/2022/transene-research.aspx www.chemtrust.org www.chemtrust.org/de Twitter: @CHEMTrust @CHEMtrust_de