British Fluid Power Association (BFPA) – Polyfluoroalkyl Substances (PFAS) Materials Position Statement
12 Jun 2023
Background
The European Union, as well as the USA, are currently proposing to ban around 10,000 PFAS industrial chemicals. These chemicals, sometimes known as “forever chemicals”, are used in the fluid power industry in essential components such as seals, hoses, fittings, components and actuators. The proposed ban by the European Union would not only jeopardize the existence of many companies in mechanical and plant engineering but would also have serious consequences for many everyday products. There is currently no substitute for these substances today nor in the foreseeable future. A ban on all PFAS chemicals would thus affect virtually every machine and, subsequently, all products produced with these machines.
There is currently a 6 month consultation taking place by the European Chemical Agency (ECHA), due to end on 22nd September 2023, followed by a 60 day public consultation. Final opinion would be due to be adopted in March 2024 with expected EU legislation following in 2025/26. We suspect UK legislation will mirror that of the EU.
Concerns to the Fluid Power Industry
The proposal fails to address the difference between the use of PFAS materials within industry and that within the public sector. Within industry, our technology, fluid power, is considered essential. Our use of PFAS is restricted solely to the manufacturing process of products, which themselves are not recognized as being hazardous or damaging to life. Fluoroplastics and fluoroelastomers including the product groups containing PTFE (often, but sometimes incorrectly, known as Teflon™), FKM (FPM) (often, but sometimes incorrectly, known as Viton™) and FFKM (often, but sometimes incorrectly, known as Kalrez®) are essentially used for sealing purposes or pressure containing tubes – offering extended life in arduous conditions, without contact to the external environment – used and disposed of professionally according to legislation. This is not the case with PFAS used in the public sector used in both the manufacturing processes and the commodities themselves, which upon end of life are disposed of in household waste.
Currently there is no other single group of commercially available materials, that can replace the above product groups and offer the same range of valuable attributes.
What action is the BFPA taking?
The BFPA is working together with other UK based trade associations to lobby the European Chemicals Agency (ECHA) in calling for fluoroplastics and fluoroelastomers used in industry and the pressure equipment that is representative of our technology to be removed from the banned list. Such materials do not come into contact with the environment and can be safely and professionally disposed of at the end of their life by reviewing existing waste management regulations.
What basis are we taking our action on?
These PFAS materials are not considered to be hazardous or damaging to life, are highly resistant to degradation either chemically or when subjected to the mechanical stress induced when presenting sealing surfaces subject to pressure, friction and speed over a wide temperature range, and maintaining a low coefficient of friction. This maximises service life and efficiency; thereby reducing the risk of fluid loss which in itself would provide an environmental hazard.
EU exemptions for active substances in plant protection products and drugs have already been made and create a precedent. The BFPA supports the view that non-hazardous fluoroplastics and fluoroelastomers that are indispensable to society, when used in pressure equipment for fluid barrier and sealing applications including hoses, fittings, components and actuators, should be exempted from the proposed PFAS ban. These substances should continue to be used by professionals but with appropriate measures to control end of life disposal and ensure there are no detrimental effects to the environment.
What if the exemptions are not allowed?
Currently the ban would be only for equipment sold into the EU, however the USA is working on similar regulations and it can be expected that the UK Government will follow any EU directive.
For PFAS materials considered to be of higher hazard potential, the planned default implementation period of 18 months without derogation until the ban takes effect is too short for industrial applications. Where PFAS materials are currently used in sealing applications, a period of several years is necessary just to repeat the product qualification approval testing of replacement materials to ensure that they are safe and environmentally effective alternatives. This is assuming that an alternative material can be found.
Next Steps
We are inviting our membership to provide any analytical data relating to the use, and hence impact, that the proposed widespread ban on PFAS materials will have on their business. The BFPA will then collate and align these responses toward essential business within our sector. Application specific examples are required together with an approximate value of this business.
Please send relevant data to nicky@bfpa.co.uk referencing the subject PFAS analytical data.
Over the coming weeks and months, we will keep our members updated on progress.
Further reading ECHA Per- and polyfluoroalkyl substances (PFAS) – ECHA (europa.eu)
HSE Analysis of the most appropriate regulatory management options (hse.gov.uk)