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European Chemicals Agency P.D. Box 400, FI-00121 Helsinki, Finland Tel.
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From: Sent: 12 January 2022 10:34 To: Cc:
Subject: ECHA fire-fighting foams - submission of the dossier
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Dear I am writing you as we have heard some rumours that the restriction dossier on firefighting foams may not be submitted this week, is it possible that you could let us know if this is the case as it has impact on our internal planning for 2022. We will of course keep the information confidential.
Kind Regards
Senior Policy Advisor I Drinking Water and Chemicals
Ministry of Environment Departementet ] Slotsholmsgade 12 1216 Kobenhavn K I Tlf. +45 38 14 21 421 FacebooK1 Twitter I Instagrann I Linkedln
Fra: Sendt: 8. december 202116:09 Ti l: Cc:
Emne: ECHA fire-fighting foams - conditions of the restriction
Dear
rnim.dk 1 www.mindic
As promised. Here is the draft restriction conditions that we are working on at the moment. Although these are still subject to changes before submission this should give you some further insight into our proposal. Please note that these conditions may also be subject to change as a result of information received during the opinion-making stage and the Commission may also deviate from these conditions during the decision-making stage. These conditions reflect the preferred restriction option (RO3) and the committees or the Commission may consider that one of the other `discarded' options would be the most appropriate means to address the identified risk.
If you have any questions on this text please don't hesitate to ask as it will help up to refine the proposal before submission.
Yours,
and
Proposed restriction
Brief title: Restriction on the export, placing on the market and use of PFAS in firefighting foams.
Column 1
Column 2
Per- and polyfluoroalkyl substances (PFAS) CAS No. various
1. Shall not be placed on the market as substances on their own, as a constituent in other substances or in mixtures for use in firefighting foam concentrates after the transitional
EC No. various
periods for the types and sectors of use specified in paragraphs 3 and 4
unless the concentration of total
PFAS is less than 1 mg/L.
2. Shall not be exported 10 years
after entry into force as substances
on their own, as a constituent in
other substances or in mixtures for
use in firefighting foam concentrates
unless the concentration of total
PFAS is less than 1 mg/L
3. Shall not be used in firefighting foam concentrates with concentrations above the ones mentioned in paragraph 1 for training and testing purposes (except testing of the firefighting systems for their function), irrespective of the sector of use: 18 months after entry into force;
4. Shall not be used in firefighting agents with concentrations above the ones mentioned in paragraph 1 in portable fire extinguishers as defined by standard EN3-7, irrespective of the sector of use: 5 years after entry into force
5. Without prejudice of paragraph 3 on training and testing and 4 on portable fire extinguishers, shall not be used in firefighting foam concentrates with concentrations above the ones mentioned in paragraph 1 with the following
transitional periods per sector or type of use:
a. Municipal fire services (except if also in charge of industrial fires for establishments covered by the Seveso-III Directive and for use in these establishments only): 18 months after entry into force
b. Civil ships: 3 years after entry into force
c. Establishments covered by the Seveso-III Directive (tier 1 and tier 2): 10 years after entry into force
d. All other uses not covered by paragraphs (a), (b) and (c): 5 years after entry into force
6. Six months after entry into force, industrial and professional users of firefighting foam concentrates containing PFAS above the threshold indicated in paragraph 1 shall: a. only use these foams for fires involving flammable liquids (class B fires);
b. establish a fire management
plan for every site and type
of foam use which shall
include a description of the
procedure and reasons for
the procurement of the
specific firefighting foam
concentrates, their storage,
use, containment and
treatment and the efforts
made to search for PFAS-
free alternatives. The fire
management plan shall: (i)
aim at reducing the use of
PFAS foams to the minimum
necessary while transitioning
to PFAS-free alternatives, (ii)
be reviewed annually and
kept
available
for
enforcement authorities;
c. ensure the minimisation of
emissions of PFAS in the
environment and direct and
indirect exposure to humans
from all activities related to
firefighting such as but not
limited to: the storage and
use of foam concentrates,
water-added foams, fire run-
off waters, mixtures used to
clean
the
equipment
containing PFAS firefighting
foams,
PFAS-containing
cleaning water, media used
for concentrating PFAS in
PFAS-containing waste, by
applying
sector
best
practices or to the extent
technically and economically
feasible.
The collected PFAS-containing waste with a concentration of PFAS above the one mentioned in paragraph 1 shall be incinerated in hazardous waste incinerators, cement kilns or disposed of using [other treatment techniques reducing the concentration of PFAS close to zero]. For each event of foam use or leakage handling, proof of appropriate management and disposal of the foam concentrates, wateradded foams and fire run-off waters shall be documented and kept available for enforcement authorities.
7. From six month after entry into
force, firefighting foam concentrates
containing PFAS above the threshold
indicated in paragraph 1 which are
held in stock and need to be disposed
of shall be incinerated in hazardous
waste incinerators, cement kilns or
disposed of using [other treatment
techniques
reducing
the
concentration of PFAS close to zero].
Proof of appropriate disposal shall be
documented and kept available for
enforcement authorities.
8. From six months after entry into force, containers of firefighting foam concentrates placed on the market or used at users' sites, containers of firewater runoffs or other PFAS-waste in relation with the use of firefighting foams or the cleaning of firefighting foam equipment in concentrations above the one mentioned in paragraph 1 shall be labelled indicating the presence of PFAS above this threshold.
Explanatory notes:
(1) "Testing of the firefighting systems for their function" means testing the fire