The European Chemicals Agency (ECHA) announced on August 20 that it has published an updated proposal from five European countries to restrict environmentally polluting PFAS (per- and polyfluoroalkyl substances), with most restrictions on PFAS refrigerants remaining the same but with some refrigerant applications being given a longer exemption.
The EU’s new PFAS proposal, which is still subject to change and will ultimately serve as a guide to the European Commission, offers two main restriction options (ROs). The first (RO1) is a full ban with a transition period of 18 months following the date the restriction regulation enters into force (EiF). The second (RO2) establishes a ban with use-specific, mostly time-limited exemptions (derogations) lasting five years (6.5 including the transition period) or 12 years (13.5 including the transition period) following the EiF date. The third option (RO3) allows continued use under strict conditions that minimize PFAS emissions over a product’s full life cycle.
Most HVAC&R applications continue to fall under RO1, several are covered under RO2 and a few under R03. Many HVAC&R applications targeted for exemptions under the original proposal retain their original PFAS refrigerant exemption period under the new proposal:
- PFAS refrigerants in low-temperature refrigeration below -50°C (-58°F) can be used until 6.5 years after the EiF date.
- PFAS refrigerants used in transport refrigeration other than marine applications can be used until 6.5 years after the EiF date. Marine applications have no exemption beyond the transition period.
- PFAS refrigerants in laboratory test and measurement equipment can be used until 13.5 years after the EiF date.
- PFAS refrigerants in refrigerated centrifuges can be used until 13.5 years after the EiF date.
However, under the new proposal, PFAS refrigerants in mobile air-conditioning (MAC) systems in combustion engine vehicles with mechanical compressors, which were originally given 6.5 years (including the 1.5-year transition period) after the date when the regulation enters into force, now have a 13.5-year total exemption (derogation), including the transition period.
PFAS refrigerants used in light-duty electrical vehicles (such as passenger cars and vans), which did not have an exemption in the original proposal beyond the transition period, now have a 6.5-year total exemption.
In addition, PFAS refrigerants used for the maintenance and refilling of existing HVAC&R equipment for which no drop-in alternatives exist, which originally had an exemption of 13.5 years after the EiF date including transition, now have a “time-unlimited” exemption. This applies to equipment already in use when the restriction enters into force or equipment that has been put into operation within any of the relevant time exemptions.
Finally, PFAS refrigerants used in HVAC&R-equipment in buildings where national safety standards and building codes prohibit the use of alternatives can continue to be used. “It is expected that [building codes] will over time be changed through technical developments and recognition of safe operation of alternatives,” said the proposal.
“We, on behalf of natural refrigerant alternatives to PFAS refrigerants, will ensure that authorities have the latest information showing the viability and commercial availability of these alternatives so that the final PFAS regulation is as ambitious as possible.”
Marc Chasserot, CEO of ATMOsphere and Lead Campaigner for the Coalition for PFAS Free Cooling & Heating
PFAS refrigerants include both HFCs and HFOs, such as HFC-125, HFC-134a, HFC-143a, HFO-1234yf, HFO-1234ze(E), HFO–1336mzz(Z) and HFO-1336mzz(E). The proposal would apply to trifluoracetic acid (TFA), an atmospheric degradation product of, notably, HFO-1234yf (100% conversion) and HFC-134a (up to 20% conversion). TFA is absorbed in rainfall, spreads throughout the environment and has raised concerns about its potential impact on human health. The updated PFAS restriction proposal separately addresses TFA.
The updated PFAS restriction proposal contains “good news and less-good news,” said Marc Chasserot, CEO of ATMOsphere (publisher of NaturalRefrigerants.com) and Lead Campaigner for the Coalition for PFAS Free Cooling & Heating. “Most of the restrictions on refrigerants remain the same but there are disappointing delays in the MAC restrictions.”
“But this is still a work in progress,” added Chasserot. “There are still many steps until the law takes effect in 2028. We, on behalf of natural refrigerant alternatives to PFAS refrigerants, will ensure that authorities have the latest information showing the viability and commercial availability of these alternatives so that the final PFAS regulation is as ambitious as possible.”
Avoiding regrettable substitutions
The PFAS restriction update was prepared by the authorities from Denmark, Germany, the Netherlands, Norway and Sweden, who submitted their initial proposal in January 2023 for what is known as the Universal PFAS Restriction. ECHA regulates chemicals under the EU’s REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regulation.
The proposal aims to “reduce PFAS emissions into the environment and make products and processes safer for people,” said ECHA.
Rather than follow a substance-by-substance approach to PFAS, the restriction proposal offers “the possibility to define a broad chemical scope, thereby avoiding regrettable substitution of one PFAS by another PFAS,” it said.
The five state authorities, acting as the Dossier Submitter, updated their initial restriction proposal following an evaluation of more than 5,600 scientific and technical comments received from third parties during the 2023 consultation. This updated report, called the Background Document, forms the basis for the opinions of ECHA’s risk assessment committee (RAC) and socio-economic analysis committee (SEAC). This document may still be updated further, based on the evaluation of the committees.
The RAC and SEAC committees continue to evaluate the proposed restriction. ECHA said it aims to provide the European Commission with a “transparent, independent and high-quality RAC and SEAC opinion as soon as possible.” The European Commission will ultimately decide on the restriction in consultation with the EU member states. The Universal PFAS Restriction is expected to take effect in 2028.
Use of alternatives encouraged
In explaining why refrigerants used for the maintenance and refilling of existing HVAC&R equipment now have a time-unlimited exemption, the proposal said that this will “avoid premature termination of equipment and the need for replacement with new equipment.” However, it added, “use of non-PFAS alternatives is encouraged where equipment allows the use of such drop-in alternatives.”
The proposal gives a shorter time exemption for refrigerants in MAC and heat pump systems in light duty electrical vehicles than for those in combustion-engine vehicles because the former “have come farther in the development of air-conditioning and heating/cooling based on non-PFAS refrigerants.” Alternatives to PFAS refrigerants, namely natural refrigerants such as CO2 (R744) and propane (R290), are already beginning to be used by electric car producers.
According to the proposal, a restriction with use-specific exemptions (RO2) is deemed to reduce emissions by 83% while a full ban (RO1) is deemed to reduce emissions by around 96%. But costs under RO2 are generally found to be lower than under RO1, “rendering RO2 an option that is preferable over RO1” when an RO2 option exists, it said.
Reporting requirements are proposed for all applications of regulated fluorinated gases, “with a view of creating an understanding of the magnitude of continuing emissions as well as the progress made in relation to substitution,” said the proposal.
ECHA defines PFAS as substance that contains at least one fully fluorinated methyl or methylene carbon atom, without any hydrogen, chlorine, bromine or iodine attached to it. This aligns with the OECD definition of PFAS published in 2021, which is widely accepted by the international scientific community. PFAS encompasses thousands of almost exclusively synthetic substances that are used in numerous applications globally. In addition to refrigerants, these include textiles, food packaging, lubricants, electronics, construction and many more.
The main concern for all PFAS and their degradation products in the scope of the restriction proposal is their very high persistence. Emblematic of that persistence is TFA, formed by the complete breakdown over a few weeks of commonly used HFO-1234yf after it leaks into the atmosphere. Further supporting concerns regarding PFAS, added the restriction proposal, are bioaccumulation, mobility, long range transport potential (LRTP), accumulation in plants, global warming potential and (eco)toxicological effects.
“With the constantly increasing concentrations of [PFAS] in the environment due to their persistence and ongoing emissions, the exposure of humans and the environment to these substances will inevitably lead to negative effects,” said the proposal.
