Proposal for regulation of PFAS and TFA
In July 2021, a "Registration of Intent" (RoI) for the EU Chemicals Regulation 1907/2006 REACH was filed. This RoI is followed by a Dossier, a report documenting the harms of the chemicals targeted, on many fluorinated hydrocarbons. The Dossier has been delivered in January 2023 and published on 2023-02-07. From 2023-03-23, persons, companies and associations have some months time to deliver their statements. Possible rules and regulations in REACH could become valid from 2025.
The Dossier was delivered by 5 national European chemical agencies. In the definition it includes all substances with fully fluorinated carbon groups, meaning middle groups CF2 and end groups CF3. The abbreviation PFAS stands for "per- and polyfluoroalkyl substances". In total it is about 4000 .. 15000 chemicals.
These chemicals are either persistent in nature themselves, meaning very durable, or their breakdown products are persistent in nature. For the non commercially available or not existing substances, similar behaviour is assumed. One of the breakdown products of many refrigerants is trifluoro acid or trifluoro acetic acid (TFA). This substance is washed out of the atmosphere by rain if it is formed from gases at relevant altitudes. It is very stable in the environment and can influence metabolic processes in organisms.
For refrigeration, use bans for the mentioned chemicals can create difficulties in several areas:
- Many fluorinated gases are used as refrigerants, like R134a, R1234yf, R143a, R152a, R1234ze(E), and many more.
- The unsaturated partly fluorinated refrigerants like R1234yf are the most important components for new refrigerants with low global warming potential and low flammability. These fluids are the tools for reaching the targets of the EU F-Gas Regulation and the MAC Directive for car air conditioners.
- Fluoropolymer plastics are frequently used and proven construction and gasket materials and insulation materials for electrical safety. Here, new different materials would have to be searched for and proven in time consuming and complex test series.
- PTFE (brand names Teflon a.o.) is used as gasket, but also as coating for low friction and wear protection in compound bearings and other places and is essential for the reliability of some refrigeration system components, also of some components for naturally appearing refrigerants.
Listing these chemicals as substances of high concern in REACH can lead to ban of many uses, and even to significant limitations for applications or to high handling safety measures and qualification demands for the users. As the main target, the writers of the Dossier name bans.
The additional regulation of refrigerants under REACH can limit the possibilities of the refrigeration industry to fulfil the demands of the F-Gas Regulation significantly.
Sources:
Substance Information - ECHA (europa.eu)
Registry of restriction intentions until outcome - ECHA (europa.eu)
Proposals of the Dossier 2023-01
The published Dossier contains a watermark with the text „pre-publication – do not cite“. This text is, however, the only publicly available one. Thus, here it is assumed, that the main targets of the Dossier authors are contained.
The proposal is to ban up to 15000 substances, with the main reason, that the substances themselves or their breakdown products are highly persistent in nature.
For about 1500 substances analysed more in detail, risks to environment or human health are documented in entries for REACH 1907/2006/EC or CLP 1272/2008/EC, defining them as substances of concern. For many others similar behaviour is estimated based on analogies in the molecular structure. For many materials, where danger to human health is excluded based on extensive testing, like R134a being a permitted asthma spray propellant or PTFE (Teflon) being released for food contact and for cookware coating, the only reason left for a ban could be the persistence. The large scale ban is accompanied by a few timely not limited excemptions and a series of timely limited excemptions – derogations. The timely limited derogations of 5 or 12 years add on the 1.5 years delay between publication of the decision and activation of the rules, resulting in 6.5 and 13.5 years in the table below.
When using derogations, a managemant plan and a specific documentation for every use site has to be established and checked or updated yearly.
For refrigerants the following derogations are proposed:
Time span | Application | Remarks |
|---|---|---|
6.5 years | cooling <-50°C | |
13.5 years | laboratory equipment | |
13.5 years | refrigerated centrifuges | because no solution for flammable refrigerants in case of a break of the centrifuge is known |
13.5 years | maintenance and refill of HVACR systems | This is shorter than the life span of many systems. |
unlimited | HVACR, where national safety standards do not allow alternatives | corresponds to a text in the F-Gas Regulation revision proposal |
6.5 years | mobile air conditioning in combination with combustion engine | |
6.5 years | transport refrigeration except marine | |
13.5 years | refrigerants in military vehicles | only maybe, as no real reasons for exceptions are available |
Fluorinated refrigerants that are not intended to be banned as PFAS would e.g. be
- R23
- R32
- R152a
- R1132a
- R1132(E)
R152a and R1132a are in safety class A2, R1132(E) in B2 and thus easily ignitable. R23 is only available for temperatures <-50°C according to the F-Gas Regulation and uses too much quota because of the high global warming potential. R32 also has too high GWP for long term use in large amounts.
For fluorinated plastics for use in machine parts and refrigeration systems, no exceptions or derogations are considered. Several of these materials are in use in refrigeration systems and their components. Gaskets and seals, like O-rings made of FKM, FPM or PTFE would not be permitted to be used from 1.5 years after decision and publication.
As a limit value for prohibited substances, it shall be documented that
- the fluorine content is below 50 ppm (mg/kg)
- or the content of PFAS is below 250 ppb (µg/kg) in total and below 50 ppb (µg/kg) for each individual PFAS, whereby these 2 values are not applicable to contents of polymeric PFAS / PFAS plastics.
These proposed very strict limits for residual contents of PFAS could also mean that fluorinated refrigerants which are not classified as PFAS themselves cannot be used. In the production of some fluorinated refrigerants, intermediates classified as PFAS are used. They are not or can possibly not be proven to be below the required limits in the final product. Therefore, the list of fluorinated refrigerants that are not considered PFAS should still be viewed with caution.
Sources:
Registry of restriction intentions until outcome - ECHA (europa.eu)
Media briefing: proposal to restrict PFAS chemicals in the EU - YouTube
Status of the regulatory consultations
First measures to avoid PFAS have already been introduced. During winter sport competitions e.g. new ski wax without PFAS was used.
The substances that are important for refrigeration are still under discussion. For what is probably the largest source of TFA in surface waters, fluorinated gases such as refrigerants, a proposal for the European administration is under development. This is to be discussed and possibly adopted before the end of 2024. This could lead to restrictions from 2028, perhaps as early as 2027.
Evaluating the industry submissions, the situation on fluoropolymers seems to be much more difficult than assumed in the Dossier. The characteristics of these plastics are so important for many areas of machinery and electrical safety, and thus for many areas of production, that a changeover to other substances is not on the horizon for soon. No timeline is yet known here.