The EU has Decided to Include PFHxS Substances in the POPs Regulation
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On May 30, 2023, the European Commission announced its decision to adopt the proposal to amend Annex I of Regulation (EU) 2019/1021. This decision confirms the inclusion of PFHxS and its salts and related compounds in the list of banned substances under the POPs Regulation. The objective behind this action is to fulfill the European Union's international commitments on persistent organic pollutants under the Stockholm Convention. As a result, the list of banned substances in Annex I of the EU POPs Regulation will increase from 28 to 29.

The draft proposes the addition of the following entries in Part A of Annex I of the EU POPs Regulation. It is expected that the official journal will soon publish these control requirements.

Substance

CAS No

EC No

Specific exemption on intermediate use or other specification

‘Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS[1]related compounds

“Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS[1]related compounds” means the following:

(i) perfluorohexane sulfonic acid, including any of its

branched isomers;

(ii) its salts;

(iii) PFHxS-related compounds which, for the purposes of the Convention, are any substance that contains the chemical moiety C6F13S- as one of its structural elements and that degrades to PFHxS.

355-46-4 and others

 

206-587-1 and others

 

1. For the purposes of this entry, Article 4(1), point (b), shall apply to concentrations of PFHxS or any of its salts equal to or below 0,025 mg/kg (0,0000025 % by weight) where they are present in substances, mixtures or articles.

2. For the purposes of this entry, Article 4(1), point (b), shall apply to the sum of concentrations of all PFHxS-related compounds equal to or below 1 mg/kg (0,0001 % by weight) where they are present in substances, mixtures or articles.

3. For the purposes of this entry, Article 4(1), point (b), shall apply to concentrations of PFHxS and PFHxS-related compounds equal to or below 0,1 mg/kg (0,00001 % by weight) where it is present in concentrated firefighting foam mixtures that are to be used or are used in the production of other firefighting foam mixtures. This exemption shall be reviewed and assessed by the Commission no later than 3 years after entry into force of this amending Regulation’.

What are the characteristics of PFHxS substances?

PFHxS substances belong to the class of PFAS substances and possess strong carbon-fluorine bonds and resistance to degradation. As a result, they exhibit persistence, long-range transport, high toxicity, and bioaccumulation in the environment. Evidence suggests that PFHxS and similar substances have caused global pollution, accumulating in the bodies of humans and wildlife, posing a direct threat to human health. The contamination of these substances is also exacerbating the biodiversity crisis.

What are the uses of PFHxS substances?

PFHxS and its salts and related compounds have been intentionally used in the following applications:

(1) Aqueous film-forming foams (AFFF) for firefighting;

(2) Metal plating;

(3) Textiles, leather, and interior decoration;

(4) Polishing agents and cleaning agents;

(5) Coatings, impregnation/protection (used for moisture resistance, mold prevention, etc.);

(6) Electronics and semiconductor manufacturing.

Additionally, other potential application categories may include pesticides, flame retardants, paper and packaging, petroleum industry, and hydraulic fluids. PFHxS, its salts, and PFHxS-related compounds have been used in certain PFAS-based consumer products.

What are the other control requirements for PFHxS?

Regulation

Substance

Control Requirements

Stockholm Convention

PFHxS and its salts and related substances

Prohibited

Swiss Chemical Risk Reduction Ordinance (ORRChem)

PFHxS and its salts and related substances

PFHxS and its salt content < 25 ppb, Total content of PFHxS-related substances < 1000 ppb in substances, mixtures, and articles

EU REACH Regulation-SVHC

PFHxS and its salts

1000 mg/kg

(Information dissemination, SCIP notification, or REACH-SVHC notification)

EU REACH Regulation - Restrictions

PFHxS and its salts and related substances

(Substances of Concern)

PFHxS and its salt content < 25 ppb, Total content of PFHxS-related substances < 1000 ppb in substances, mixtures, and articles

How should companies respond to the control of PFHxS substances?

In addition to the control of PFHxS and its salts and related substances mentioned in the regulations above, an increasing number of countries or regions are directly regulating PFAS as a whole class of substances. This class of substances encompasses a wide range of chemicals. Companies can conduct supply chain investigations to identify and assess their presence. Additionally, CIRS C&K Testing offers testing services for PFAS substances (including PFOA, PFOS, PFHxS, C9-C14PFCAs, and their salts and related substances) and can assist companies in developing control measures.

If you need any assistance or have any question, please get in touch with us at test@cirs-group.com.