- 05 January 2007 -
Canadian, European PFOS Regs Provide Exemptions to Fume Suppressants

On December 16, 2006, the Canadian Department of the environment announced a new regulation prohibiting the manufacture, use, sale, offer for and import of perfluoroctane sulfonate (PFOS) and its salts and certain other compounds, as well as manufactured items containing PFOS. The regulation did, however, provide some limited exemptions for the use of PFOS in firefighting foams and metal plating fume suppressants.

Similarly, following the recent vote of the European Parliament, the European Union (EU) Council of Ministers approved a ban on most PFOS compounds on December 11, 2006. The ban, which is scheduled to take effect in mid-2008, also includes some exemptions for uses of PFOS in the semiconductor industry, photographic coating processes, electroplating processes and aircraft hydraulic fluids until safer alternatives are available. The plating exemption appears to be limited to use as “mist suppressants for chromium plating.”

PFOS compounds that are used as fume suppressants in metal finishing operations have been receiving increasing regulatory attention in North America, Europe and Australia due to potential environmental health and safety concerns. Regulations restricting the use of the substances have already been approved by Canada and the European Union, and the U.S. is in the process of reviewing comments on its proposed regulation. Continued use of PFOS in fume suppressants is critical for finishers in complying with air emission and workplace exposure regulations and for other product quality and performance considerations.

For metal plating, the use of PFOS in fume suppressants is permitted for a period of five years for the following processes: 1) chromium electroplating, chromium anodizing, and reverse etching; 2) electroless nickel-polytetrafluoroethylene plating; and 3) etching of plastic substrates prior to their metallization.  The regulation will take effect in 2008 and the exemptions for the use of PFOS in fume suppressants will remain in place until 2013.

Relative to America, the U.S. Environmental Protection Agency (EPA) is still reviewing comments on its proposed regulation restricting the use of perfluoroalkyl sulfonates (PFAS) that was issued in March 2006. While EPA did provide exemptions for use of PFAS materials in other industries, it did not provide an exemption for the use of PFAS in metal finishing. EPA officials did invite comments on the need or such an exemption.

The industry submitted comments detailing how fume suppressants and other substance containing PFAS are used extensively in metal finishing and why they are critical for the safe and effective operation of many metal finishing processes. The exemptions provided in the Canadian and EU regulations will provide some guide for EPA.

GR and industry representatives will be meeting with EPA officials to discuss the use of PFAS in metal finishing processes and the need for the exemption. EPA expects to finalize its PFAS rule by Summer 2007.