31 August 2021

M2A Breaking News – August 2021

Five EU member states register intention to restrict Pfas

Germany, Denmark, Netherlands, Norway, and Sweden jointly inform the European Chemicals Agency (ECHA) of their intention to submit a REACH restriction dossier on PFAS in 2022.

On July 15, 2021, it was announced that the EU Member States Germany, Denmark, the Netherlands, Norway, and Sweden officially informed the European Chemicals Agency (ECHA) of their intention to submit a REACH Annex XV Restriction Dossier on per- and polyfluoroalkyl substances (PFAS). The Member States argue that “the consequences of PFAS persistence include that the presence of these substances in the environment is practically irreversible, and pose an unacceptable risk to the environment and humans.” The proposed restriction would cover PFAS manufacturing, use, and placement on the EU market. REACH “is considered to be the most effective and efficient way to manage such a large and complex group of substances that are used in numerous applications.” The five Member States are now consulting stakeholders as they prepare the restriction dossier. Environmental ministers from these countries first announced their intention to work towards a common, EU-wide action to address the entire class of PFAS in January 2020.


Maine phasing out Pfas in all products by 2030

US State of Maine passes LD 1503, the most comprehensive PFAS regulation in the United States; manufacturers must report the uses of PFAS in the state; by 2030 all uses of PFAS will be prohibited unless designated “currently unavoidable”.

The US State of Maine passed law LD 1503, the strictest regulation on per- and polyfluoroalkyl substances (PFAS) in the United States so far and one of the strictest globally. By 2030, all uses of PFAS, except those specifically designated by Maine’s Department of Environmental Protection (DEP) as “currently unavoidable,” will be prohibited. By January 1, 2023, any manufacturer of a PFAS-containing product that wishes to sell in Maine must submit a notification including a description of the product and the purpose, amount, and types of PFAS used.

At least six other US states ban PFAS in specific use cases, such as food packaging and firefighting foam, but Maine’s bill is the first that requires creating an inventory of all PFAS use in the state. The DEP can use the inventory to phase out PFAS in other product categories before 2030.