MAIN MESSAGES
Eurelectric welcomes the fundamental efforts to use perfluorinated and polyfluorinated alkyl compounds (PFAS) in an environmentally conscious manner to protect people and the environment. A holistic approach must be adopted along the power value chains in consideration of the positive effects of the energy transition for the climate and our environment. An overly restrictive ban must not lead to a de facto blockade of environmental technologies that we need for a renewable, low carbon and secure energy supply.
Differentiate between each compound, their function and effects
In the energy sector, PFAS substance groups are used in essential, professional and long-life industrial products, without which large parts of the infrastructure, such as energy supply and transport as well as hydrogen technologies are unimaginable. The currently proposed PFAS restriction approach needs to ensure that the societal costs arising from a general ban on PFAS do not outweigh the benefits from a ban on certain PFAS. The currently proposed PFAS restriction also needs to be adapted and must differentiate between dispensable PFAS use with large emissions (non-essential and short-lived products and applications), versus essential professional / industrial use of long-life products and solutions with low emissions. The restriction should also differentiate between PFAS applications for which alternatives already exist (e.g. some coatings, cooling) and PFAS applications for which there is no alternative available at the moment (e.g. nanoscience applications, membranes, semiconductors…) and for which specific derogations are needed (see below). This is in line with the REACH regulation itself, which states that any new restriction “must take into account the socio-economic impact, including the availability of alternative solutions” (Article 68).
Measure the impact of the regulation in relation to the greater objective of the EU’s decarbonisation
In a decarbonized energy economy, ensuring a secure supply heavily relies on renewable and low carbon electricity, energy storage systems, and hydrogen technologies. These play crucial roles in safeguarding the energy transition. Key components such as new wind turbines, PV installations, thermal and nuclear power plants, electrolysers, hydrogen compressors, transformers, batteries, cables, and switchgears, among other facilities, are vital for this transformation but could be impacted by the proposed restrictions.
Assess derogation needs and apply circular economy principles
To ensure the safe operation of these essential pieces of equipment and technologies, certain materials containing PFAS are currently used, and there are no feasible alternatives at a significant scale and technological readiness level. Consequently, derogations for the use of PFAS, as well as the ability to repair and maintain existing installations, become indispensable in achieving climate targets and serve as a crucial pillar for a successful energy transition.
Assess the capacity of the industry to provide alternatives and the associated delays
An unrestricted ban on PFAS would mean that the energy transition in Europe would come to a standstill for some years, at a time when acceleration is necessary. The entire electricity sector is aware of its responsibility in dealing with PFAS and is already looking for alternative substances to substitute PFAS. In the short term, however, there is no guarantee that products with the necessary technical and safety requirements will be available at large scale. To avoid adverse effects on the energy system, a proportionate and responsible legislation is needed.
It is important to highlight that utilities face challenges in identifying all cases of PFAS usage because manufacturers are not required to disclose the presence of PFAS in their products due to the lack of regulations. Despite this obstacle, the industry is committed to addressing the issue and actively contributing to climate and environmental protection through their products. In collaboration with politicians and scientists, the industry is willing to engage in constructive discussions to establish and commit to effective processes for recycling and implementing industry-specific circular economy practices at reasonable expenses.
According to the definition of the European Chemicals Agency (ECHA), there are over 10,000 PFAS types with different properties. Fluoropolymers which are also used in the electricity industry are, in contrast to other PFAS types, non-toxic, non-bioavailable, non-water-soluble and non-mobile molecules according to the GHS classification. They meet the OECD criteria as “Polymers of Low Concern” (PLC) and are therefore considered unproblematic for the environment and human health. Despite this classification, the industry considers further research into the possible risks of fluoropolymers to be important in terms of its own responsibility and intends to make its contribution to this, among other things by collecting data together with the manufacturers.
Evaluate the socio-economic impacts and the availability of alternatives through a proportionate restriction
Besides, it is important to consider and expand upon the concept of “essential uses” for society, as proposed in the European Commission’s communication of October 14, 2020, “Chemicals Strategy for Sustainability Towards a Toxic-Free Environment” which provides for a phase-out of PFAS in the EU, “unless their use is essential”. This approach acknowledges that the utilisation of PFAS in industrial processes can be highly intricate, requiring a comprehensive evaluation of the technical functionality of each PFAS compound and the suitability of alternative substances.
In conclusion, considering the essential role the electric sector plays for society, in particular with regards to fulfilling decarbonisation objectives, the PFAS restriction should provide a special regime for articles or mixtures containing PFAS that contribute to facility safety, electrical supply security, as well as renewable and low-carbon electric means of production.
Implement a timely reassessment policy in light of technology and market situation
Furthermore, for all uses benefiting from derogations, a mechanism should be established to reassess the derogation period if no substitution meeting equivalent safety or production efficiency properties is available within the specified timeframe.