- 11 September 2006 -
Finishing Industry Submits Comments on EPA's Proposed Ban of Fume Suppressants

The Environmental Protection Agency (EPA) recently proposed to ban perfluoroalkyl sulfonate (PFAS) materials.  PFAS chemicals are a key ingredient in fume suppressants used extensively in the metal finishing industry for reducing air emissions and workplace exposures, particularly for chromium plating processes such as hard and decorative chromium plating, chromic acid anodizing and plating on plastics.  71 Fed. Reg. 12311 (March 10, 2006).  Government Relations submitted comments on behalf of the industry in August, highlighting the extensive beneficial uses of fume suppressants in metal finishing operations.

In the proposed rule, the EPA provided for some limited existing use exemptions in other industry applications, but indicated that it was not aware of any commercial uses for PFAS materials in the metal finishing industry.  The industry’s comments noted how both EPA and OSHA have promulgated regulations based on fume suppressants used in metal finishing operations.  Fume suppressants are important for metal finishing operations in to meet the air emission standards of EPA's Chrome MACT standard and the workplace exposure limits of OSHA's newly promulgated Chrome PEL.  EPA's proposed restrictions would leave the industry with few, if any, viable alternatives for effective fume suppressants.

The industry's comments also noted that unlike the use of PFAS materials on consumer products such as carpets, textiles and leather goods, the risks associated with the use of fume suppressants in the metal finishing industry were minimal.  Fume suppressants in the metal finishing operations are used in relatively small amounts and in a controlled industrial setting.  The U.S. Navy reported that the potential risks associated with the use of fume suppressants in metal finishing operations was less of a risk to human health than operating a plating process without it.

Government Relations requested that the EPA allow the continued use of PFAS materials as fume suppressants in metal finishing operations.  Based on ongoing discussions with the EPA officials, industry representatives plan to meet with EPA to discuss the impact of the proposed restrictions on the metal finishing industry.  EPA officials have indicated that the Agency expects to make a final decision on the use of fume suppressants by the end of the year. 

For more information on this proposed rulemaking, please contact the industry's Government Relations office in Washington, D.C., at jhannapel@thepolicygroup.com.