Document bo4Oj1zgnYbndz6yyz9BjMxy

July 30, 2020 German Federal Institute for Occupational Safety and Health (BAuA) Dutch National Institute for Public Health and the Environment (RIVM) Danish Environmental Protection Agency Swedish Chemicals Agency (Kemi) Norwegian Environment Agency SENT VIA E-MAIL RE: Regulation of PFAS and PFHxA To Whom It May Concern: On behalf of the US National Council of Textile Organizations (NCTO), I thank you for accepting our organization's input as you consider the regulation of PFAS and PFHxA. NCTO Background NCTO represents the entire spectrum of the United States textile sector, from fibers to yarns to fabrics to finished products, as well as suppliers of textile machinery, chemicals, and other such sectors that have a stake in the prosperity and survival of the US textile sector. NCTO members produce textiles and components for a wide variety of technical end-uses, including, but not limited to, military and workwear apparel, outdoor fabrics, upholstery, awnings, personal protection equipment (PPE), industrial uses, and automotive fabrics. We serve as the voice of the US textile industry and represent approximately 130 member companies. US textile and apparel manufacturers produced nearly $76 billion in output in 2019, and our sector's supply chain employs over 585,000 workers from fiber to finished sewn products. NCTO's headquarters are in Washington, DC. For more information, please visit our website at www.ncto.org. NCTO's FluoroTechnology Workgroup Fluorinated repellents are an important, value-add feature for some of our members' fabrics, so in 2016 our organization formed a FluoroTechnology Workgroup. As the downstream users of fluorinated side-chain polymers, the Workgroup engaged with the FluoroCouncil (www.fluorocouncil.com), fluorochemical manufacturers, Non-Governmental Organizations (NGOs), and governing authorities to improve our understanding of this complex topic. The group's intent is to stay engaged in the discussion around concerns raised by FluoroTechnology as they pertain to textiles. Educating members on the topic is also an objective. To that end, the FluoroCouncil's Best Environmental Practices (BEP) for the Global Apparel Industry1, a bestpractices document for fabric producers using fluorinated repellents, was disseminated to all NCTO members; and the Workgroup developed brief documents, such as NCTO FluoroTechnology FAQs2 (Frequently Asked Questions), for member companies to share with customers. Benefits of Fluorinated Repellents Workgroup members agree unanimously that fluorinated repellents impart lower surface tension and, thus, better repellency of water-based liquids, oil-based liquids, and their respective stains. In the case of military fabrics, upholstery, awnings and other longer-life textiles, customers have established high performance, quantifiable specifications to maximize the useful life, reduce maintenance costs, and increase consumer satisfaction. Quantification of Environmental Impacts from Manufacturing Textiles To understand the environmental implications of shortening product life, an effort was made in 2017 to collect quantifiable data on the inputs and emissions that go into producing upholstery fabric. There is a negative environmental impact when fabrics are replaced prematurely because a fabric fails to meet customers' expectations. A letter was sent to the NCTO membership, requesting company-specific data for manufacturing inputs (water, materials, energy consumption) and emissions (effluent, landfill waste, air emissions) in the production of repellent-treated upholstery, a product that is difficult or impossible to machine-launder. Aggregated results are shown in NSFANSI 336 Upholstery Inputs and Outputs for NCTO rev13-Jun-173. By applying this data to the estimated size of the repellent-treated fabric market in the US, potential impacts for shortening the useful life of upholstery are reported in a presentation titled "Stain-Resistant Upholstery: Environmental and Health Considerations" (see AHFA - NCTO Fluoro Considerations 10-22-184). Data shows that shortening the lifespan of upholstery fabrics by even 10% has negative environmental impacts that, in the opinion of the Workgroup, pose a bigger threat to the environment than the avoidance of fluorinated repellents. Potential for Circularity Fabric take-back programs, such as the one Unifi has with Steelcase, maker of office furniture, are in their infancy, but this example illustrates what is achievable. Based on input from Unifi, maker of Repreve recycled yarn, the application of fluorinated repellents does not prevent the thermomechanical recycling of polyester. Continuous Improvement and Assessment of Alternatives Though the toxicology of PFAS chemistries is complicated, the FluoroTechnology Workgroup concluded that, on balance, the industry's transition to short-chain fluorinated polymer, managed in conjunction with the US Environmental Protection Agency (EPA), was a positive step forward for the industry in terms of material safety. Members understand, however, that all fluorocarbons are environmentally persistent. For this reason, and because the chemistries are relatively expensive, our members have worked (individually, not collectively) with chemical manufacturers, fluorochemical and otherwise, to continually assess non-fluorinated alternatives. To date, no non-fluorinated repellent has been made commercially available for repelling low surface-tension liquids and stains, 2 including oils and alcohol (> 20% concentration) that are present in a variety of foods and beverages. Market Forces are Working Aware of the opportunity to promote repellent finishes that are not environmentally persistent, our members have identified less-repellent, non-fluorinated materials that are incorporated into textiles readily available to the marketplace. In some cases, member companies are promoting both nonfluorinated and fluorinated articles. In other cases, members are treating fabrics only with nonfluorinated repellents and are relying on their eco-friendly marketing to gain business. Though there are performance differences - fluorinated repellents repel oily stains and non-fluorinated repellents do not -- consumers have freedom of choice and are able to make informed decisions on which fabrics are best-suited for their end-use. NCTO Position on PFAS NCTO submits these points for your consideration: NCTO is in favor of restricting long-chain fluorinated polymer for use as a repellent for textiles. Short-chain fluorinated polymers are an advancement in material safety based on the toxicity data comparing PFOA and PFOS (final degradants of long-chain fluorinated polymer) to PFHxA (final degradant of short-chain fluorinated polymer). So long as fabrics finished with short-chain fluorinated repellents are not shown to cause harm to human health, NCTO would like for the marketplace, not regulatory agencies, to decide which textile end-uses should continue to utilize fluorinated repellents. Environmental persistence, in the opinion of NCTO, is insufficient reason for restricting the use of short-chain fluorinated polymer, particularly since it does not inhibit thermomechanical recycling of treated fabric. If short-chain fluorinated polymers are to be restricted to select end-uses, NCTO asks that consideration be given to o end-uses that protect human health (e.g. medical PPE) o end-uses where the fabric relies entirely or predominantly on spot-cleaning or selfcleaning, as opposed to machine washing o end-uses where the lifespan expectation is relatively long (e.g. 2+ years) o and the potential for recycling treated fabric. In Closing NCTO thanks you for considering our data as you endeavor to improve our shared environment. The regulations you develop will impact international trade and might influence lawmakers around the world. Thank you, in advance, for considering the perspectives of all stakeholders, including US textile producers. 3 Sincerely, Kimberly Glas President & CEO References and Attachments 1FluoroCouncil's Best Environmental Practices (BEP) for the Global Apparel Industry; see https://fluorocouncil.com/wp-content/uploads/2017/06/FluoroCouncil-Textile-BEP-GuidanceEnglish.pdf 2NCTO FluoroTechnology FAQs 3 NSF-ANSI 336 Upholstery Inputs and Outputs for NCTO rev13-Jun-17 4AHFA - NCTO Fluoro Considerations 10-22-18 4 Frequently Asked Questions Concerning Stain-Repellent Fabrics and PFAS 1. What is the definition of Fluorotechnology treatment and why is it important? Fluorotechnology, often referred to as fluorinated chemicals and per- or polyfluoroalkyl substances (PFAS), is a diverse group of chemistries characterized by the strong bond between fluorine and carbon. Because of this strong bond, Fluorotechnology provides resilience and durability. Fluorotechnology provides the protection against oils and other stains that other technologies cannot provide. These properties are critical to the performance of many important products that industry and consumers rely on every day. Products such as carpets, food packaging, apparel, automobiles, and cellphones all rely on Fluorotechnology to give them the performance the consumer desires. They help make products last longer. 2. What is PFAS and how does it pertain to textiles? PFAS (PerFluoroAlkyl Substances) is an umbrella term for a class of organic chemicals that include over 3000 different materials. PFAS are important to textiles because they help the products repel both water AND oil based stains. They keep the product dry and clean for a longer period of time. They also reduce the number of times a product needs to be washed or cleaned with harmful cleaning products such as solvents and bleach. The group of PFAS used to make upholstery fabrics stain-resistant is part of a polymer that is not linked to the hazards associated with the PFAS of concern. Examples of where PFAS are currently being used can be found on the back of this document. 3. What are PFOS/PFOA and why do they keep getting mentioned? PFOA (Perfluorooctanoic Acid) and PFOS (Perfluorooctane Sulfonate) are two types of products that fall under the PFAS umbrella. They were products produced for other industries to serve purposes other than stain repellency. Neither of these products have ever been used as the main ingredient for textile finishing. They were present as contaminants. PFOS/PFOA are both associated with long-chain PFAS also known as C8. C8 is old technology and is no longer a factor in the application of PFAS to textile products by responsible producers in the United States. 4. Why have concerns been raised about water/oil repellent technology? The current PFAS chemistry that is being used by U.S. mills/finishers utilizes short-chain technology, such as C6. Because it is still a PFAS, C6 often gets confused with the discontinued C8 technology (which includes PFOA and PFOS) and other unrelated PFAS products such as Gen-X. "The science supports the conclusion that the newer FluoroTechnology is not expected to present a significant risk to humans and the environment.1" There are currently no regulations that protect against the importing of fabrics treated with C8 technology which includes PFOA/PFOS. 5. What is the difference between oil-based repellency and water-based repellency? All stains are NOT created equal. Materials that cause fabric stains fall largely under two categories, oilbased or water-based. Some common oil-based materials are salad dressings, corn oil, and suntan lotion. Common water-based materials are Kool-Aid, coffee, and soy sauce. While most products on the market have the ability to be cleaned after a water-based stain occurs, a far fewer number have the ability to successfully repel oil-based materials. Oil-based materials stain fabrics more easily and are therefore more difficult to repel and remove. 6. Are there alternative technologies that can produce equivalent fabric performance? There is no alternative technology that can repel oil-based materials to the acceptable industry levels that Fluorotechnology can achieve. It just does not exist. The only technology that is available as an alternative will only repel water-based materials. Protecting textiles with water only repellents will result in your products being stained at a faster rate which equates to higher customer dissatisfaction, more field complaints, increased costs as well as a greater negative impact to the environment due to cleaning with harmful solvents and having to replace fabrics at a higher rate. 1 Fluorocouncil - https://fluorocouncil.com/fluorotechnology/facts/ Sustainability Attribute* Aggregated Inputs and Outputs for Upholstery Fabric Production Boundaries Data Sources Average Mill Average Mill incl C6 & Backcoat Water Consumption (gal/lin yd @ 58") Yarn through Fabric Finishing Energy Consumption (MJ/lin yd @ 58") Polymer through Transportation 3 NCTO member mills 3 NCTO member mills; Y. Song et al "Composites, Part A", Elsevier 40 (2009) 1257-1265 48.00 76.29 47.34 82.99 Air Emissions (lb/lin yd @58") Yarn through Fabric Finishing 3 NCTO member mills 17.51 15.35 Solid Waste (lb/lin yd @ 58") Weaving through Fabric Finishing C02 Emissions (lb/lin yd @58") Polymer through Fabric Finishing *NSF/ANSI 336 sustainability assessment standard Latest Revision: 13-Jun-17 3 NCTO member mills 3 NCTO member mills; Hammond and Jones, Inventory of Carbon and Energy, 2.0 0.22 17.50 0.14 15.35 1 of 1 Stain-Resistant Upholstery Environmental and Health Considerations !tot,,W Why specify stain-resistant fabric? Repellency of Non-Fluorinated Treatment Repellency and Cleanability Comparison Repellency and Cleanability Comparison Before the results - the cleaning process No Treatment No Treatment soy sauce oil & vinegar dressing soda steak sauce vinegar hot coffee ketchup red wine corn oil water hot sauce olive oil No Treatment No Treatment soy chocolate sauce syrup salad oil & vinegar dressing dressing soda steak sauce vinegar mayonnaise hot coffee ketchup red wine corn oil water mustard hot sauce olive oil Non-Fluorinated Repellent Non-Fluorinated Repellent oil & vinegar dressing vinegar corn oil hot sauce olive oil Non-Fluorinated Repellent chocolate syrup oil & vinegar dressing hot coffee corn oil hot sauce olive oil C6 Side-Chain Fluorinated Repellent C6 Side-Chain Fluorinated Repellent FluoroTechnology \ \" O' , . o < , u.. ? 4-- ' .,, SEMICONDUCTORS Fluorinated chemistries are essential to the manufacturing environment of micro-technology. AUTOMOTIVE Today's safe and fuel-efficient trucks. buses and automobiles rely on the unique, high-performance properties of FluoroTechnology. AEROSPACE Fluorinated chemistries play a role in the creation of a number of critical components of airplanes and helicopters. q: [ ". A" U u. . I` : " "IUD--`7 I. I , I o. ' . o . ' ' ":l. I . . ll .r I l." (': T :" I `I . l I . . . . I . l' l : i")- yo'. >.. " l \I l "".A a' , l n ". < l . . '` * l l .. l - "fr.-.. `7: ' .:"! . r ..r . l -H . q` .- `l ;. . . n. .. -. . r- r - r aI I . n no I .-. n I n- I . I , ' n' ) 7 . . . I . .I ' . . . t. I l . l . - 7 ` ? - _, r af 4 &- ..r: ...4: r . ' ' --,P1f ',' iw . . . 9E3`T`3fi`.y x. ' hey-" J `T , . f, u'z'vwrmwk ` 4 .. ".i-v.. "*g. . . . rr r'WW. --a: , W, - .,. f! "3' ' ' main" "Ff-73' ' .. o ' A' '. .- --o- . r . -. 7-1 - . - . r .r . I. k .tl-.oroTechrc-lc'gy13treese of "fuc-rrre chemlsrry to create any iuonratel: p'od'Jt, When Hponne an: ca'bo' atoms 10`" together, rhey create 3 powerful chermca': bond Yhe use and ma-"Iclulatlon o" the bor-d gives Fluo'oTex:hz`.c--og{.' [23 distinct proz-emes of strength. d*_racwllr.`,a heat-resustance and stabmr; These arose-nee are crztrcal to the reliable and sa"-:l funnit-on of myr ad producrs "at In dustry rd cons..mer rely on every day. Source: FluoroCouncil FluoroTechnology Uses Surface Modifiers Modify material properties: surface modification & protection, water & oil repellency, soil resistance and release, wetting and spreading Applications: Textiles, Protective Medical/First Responder Gear, Carpets, Paper, Stone & Tile, AFFF, Surfactants Chemistry: Fluorinated chains attached to organic polymer backbones. Plastics/Polymers High molecular weight polymers PTFE, Melt Copolymers, Thermoset Elastomers Fluorinated "backbone" Material properties: chemical resistance, thermal stability, resilience (elastomers) Applications: Breathable membranes, Aerospace materials, Hydraulic tubing, Chemical processing, Semiconductor manufacture, Transportation Touchscreens Gases and Liquids Refrigerants Cleaning solvents Blowing agents Etching agents CFC alternatives (e.g., HFCs) 18 Per-and polyfluoroaikyslubstances[PFASs] Nanpolymers PFASS Polymers Perfluarualkyl and. s (PFAAS) WWW" Pcrflunmalkycartoxyllc acids (PFG--5] l-'er rfluomalkane 5Ll..f"an"". aud' s {PFSAS} Perfluomalkpyh- osphoniaccids(FFM--s] PPrHunlnrilky? phmph rm .:]:itlx IPFF'IM] Perl-1unmalkane suifnny fluoride {PASF}+ PSF-hased derivatives CnF2n+1SDzF CermSDz-R. R= NH,NHCH2CH20H,etc. Perfluumalkyliodldes[PFAIs]+Flunratelameriadnes{FTls} + FT--basedderivatives ': F H [H R ["a'" CannEHzCl--izl F! --NHn,N"IHICHE1CH2EDH2.EH-. Per-and pniyflunraalkylether; (NFH)-based desivatives -- PcEyflu-arualkeythl ercarboxylicacids Pnlyteira flue-methylene {PTFE}, Polyvinyl IdEHEfluoride [Phr'lJI-jl. Fluorupulymem-- Fl'Ji'JFif'lfltetm-"d); smi propylme (FFF--"L PerfiuamaIku5:31polymer {PM}. etc. Fluorinated [methjlacrylate polymms Side-chain fluorinated polymers-- Fluerinazedurethanepolymfirs Fluorinated oxetane polymeri-- PerHuarnpulyethers Non-polymers (vs Polymers) Small compared to polymers ex: polyester polymer = 115+ polyester monomers More reactive than polymers, affecting bio-availability More mobile than polymers, affecting environmental transport F F F FF F l l l ll l C C C C C C F l l l ll l F F F FF F F F F FF F l l l ll l C C C C C C F l l l ll l F F F FF F F F F FF F l l l ll l C C C C C C F l l l ll l F F F FF F C6 fluorinated side-chain Polymer backbone Side-chain fluorinated polymer Crosslinked polymeric network for durability Sheath: 1% of finished fiber = Side-chain fluorinated polymer Fiber Cross-Section I l n " Is stain resistance necessary? Interior Design Surveys ....O.-, m. ,T1.2.114;. .. 4 , ACT October 2016 MARK STRAUSS, Presiderit Emeritus intef for Design' FACTORSMOST IMPORTANT WHEN SPECIFYING TEXTILES nesthetr'ddesign[stylelputtern] color selection durubflflqunflty deanabflitylmnintenan ce price tactile quality (textile, feel, hand] available! delivery time sustainability ut0rkpla ::e ' ' Samt! 21116HT Spedila'tiun Bacardi FACTORSMOST IMPORTANT WHEN SPECIFYING TEXTILES . h e aIt h ca re dean ability/mainten ante aesthetic/design[style/pattern] color selection tactile quality (texture, feel, hand] durability] quality price sustain ability available! delivery time mmmwwaesem FACTORS MOST IMPORTANT WHEN SPECIFYING TEXTILES duribiiityfquniity nesthetiddesign [styielputtern] dennnbiiity min: selection tnttiie quality [texture, feel, hunti] price available/delivery time sustainability huspitality -' - I ' - Sturt! 21116MT Sped'fia`tiunHazard-I Furniture Today Important upholstery furniture features % of consumers who rate feature as very or extremely important Durability Size Price Warranty Brand Made in USA Gen Z 90% 89% 87% 66% 31% 25% Millenials 95% 89% 91% 69% 32% 32% Gen X 94% 91% 92% 70% 32% 50% Baby Boomers 97% 93% 94% 72% 37% 60% Source: PBM Strategic Insights, 2018 Furniture Today study Hospitality "These fabrics are phenomenal. The technology allows our booths - which get a daily dose of chili paste, soy sauce and oil - to be easily cleaned on a regular basis and keep looking like new. It absolutely extends the life of our furniture by years." Wendy Skarin-Claxton Project Interior Designer Hospitality "To put it simply, we are a fitness center. Beyond our fitness equipment, we offer whirlpool suites, spas, salons, cafes and so much more... all of these spaces have their own unique challenges like pool water, sweat, food and lotions. These heavily trafficked spaces need to stand up to what humans do on a daily basis. Performance Fabrics allow us to specify with confidence." Sandi Didier Director Vendor Relations / Development Services Life Time Down-sides of removing stain resistance Repulsive stains and odors in fabrics and cushions Down-sides of removing stain resistance Repulsive stains and odors in fabrics and cushions Customer dissatisfaction Down-sides of removing stain resistance Repulsive stains and odors in fabrics and cushions Customer dissatisfaction Higher maintenance cost Down-sides of removing stain resistance Repulsive stains and odors in fabrics and cushions Customer dissatisfaction Higher maintenance cost Higher replacement cost Down-sides of removing stain resistance Repulsive stains and odors in fabrics and cushions Customer dissatisfaction Higher maintenance cost Higher replacement cost Diminished design choices - switch to coated fabrics Down-sides of removing stain resistance Repulsive stains and odors in fabrics and cushions Customer dissatisfaction Higher maintenance cost Higher replacement cost Diminished design choices - switch to coated fabrics Negative environmental impact Down-sides of removing stain resistance I l n " Quantifying the environmental down-side facts Sustainability Certification Program How does ACT address sustainability? facts Sustainability Certification Program Development Partners ++ = NSF/ANSI 336 facts Sustainability Certification Program G) facts Sustainability Attributes Fiber Composition 20% fiber sourcing 30% safety of materials Manufacturing Process 6% water conservation 6% water quality 12% energy 2% air quality 12% recycling practices 12% social accountability Degrees of Achievement 79 points 58 points 37 points 16 points Requires certification by an authorized independent third-party organization. US Contract Stain-Repellent Soft Surfaces Annual Stain-Repellent Yardage 2014 Estimate Millions Lin Yd-Equivalent 59 Carpet Fabric (Upholstery, Panel, 177 Privacy) Sources: Freedonia Market Research, Floor Covering News, Crypton Market Research Sustainability Attributes Fiber Composition 20% fiber sourcing 30% safety of materials Manufacturing Process 6% water conservation 6% water quality 12% energy 2% air quality 12% recycling practices 12% social accountability Energy Consumption Estimates 90 80 70 60 50 40 30 20 10 0 Polyester Polymer and Yarn Coloration Fabric Formation Finishing Packaging, Transport, Trade Energy (MJ/lin yd) Non-Repellent Fabric 39.6 5.7 3.2 0.5 29.2 Repellent Fabric 39.6 5.7 3.2 7.2 29.2 Sources: NCTO Member Companies, Young S. Song et al "Life Cycle energy analysis of fiber-reinforced composites" Impact of removing fabric stain resistance - US Commercial Market Potential Change in Energy Consumption 2000 1500 1000 breakeven at -9% 500 0 -500 shortening lifespan -1000 % Change in Fabric Lifespan Millions MJ 0% -2% -4% -6% -8% -10% -12% -14% -16% -18% -20% -22% -24% -26% -28% -30% -32% -34% -36% -38% -40% -42% -44% -46% -48% -50% Impact of removing fabric stain resistance - US Commercial Market Potential Change in Energy Consumption 2000 1,405 MM MJ 1500 1000 Reducing lifespan from 5 to 3 years = -40% 500 0 -500 shortening lifespan -1000 % Change in Fabric Lifespan Millions MJ 0% -2% -4% -6% -8% -10% -12% -14% -16% -18% -20% -22% -24% -26% -28% -30% -32% -34% -36% -38% -40% -42% -44% -46% -48% -50% Impact of removing fabric stain resistance - US Commercial Market Impact of removing fabric stain resistance - US Commercial Market Impact of removing fabric stain resistance due to energy inputs US Commercial Market Impact of removing fabric stain resistance due to energy inputs US Commercial Market That was just energy consumption Sustainability Attributes Fiber Composition 20% fiber sourcing 30% safety of materials Manufacturing Process 6% water conservation 6% water quality 12% energy 2% air quality 12% recycling practices 12% social accountability And was just contract fabric Contract Millions Lin Yd-Equivalent 59 Carpet Fabric (Upholstery, Panel, 177 Privacy) Residential Upholstery = 15x Contract https://www.statista.com/statistics/791781/upholstery-market-size-in-the-us/ Trade-Offs Arguments against FluoroTechnology: The strength of the carbon-fluorine bond makes it slow to degrade. Non-fluorinated alternatives can provide some protection against water-based stains. Trade-Offs Arguments in favor of the Latest Generation of FluoroTechnology It has been well-studied and meets regulatory standards designed to protect health and the environment Customers expect performance and the latest generation is effective Removing stain resistance from fabrics has negative consequences Water consumption Drilling and burning of fossil fuels / Pesticides for natural fibers Emissions from manufacturing Landfill Potential for imports using previous technology without disclosure Cost "=. f" l '- o Y ` ( o ' . I ...in I. El. a.Wr I..-1. .- rii- - 'a r a mi I migE .1Imrd r { -.rag r Ja. Le.10. I%-..al ---n 1 i.,., .01 tn.. .91. .: : --.:9Inthr i. 4. nuarrrrE , -Lorl al L '-- III* & "Wun] eirA., l.