Proposed amendments to the Prohibition of Certain Toxic Substances Regulations, 2018 consultation document: chapter 6

Annex B: International risk management for per-and polyfluoroalkyl substances (PFAS), polybrominated diphenyl ethers (PBDEs) and hexabromocyclododecane (HBCD)

Perfluorooctane sulfonate, its salts and precursors that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N (PFOS)
Jurisdiction Risk Management
United States (U.S.) Sole manufacturer voluntarily ceased activities in 2002
European Union (EU) As of December 2006, PFOS  may not to be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0.005% by mass. A limited number of temporary exemptions are allowed2
Stockholm Convention

PFOS was listed to Annex B (restriction) of the Stockholm Convention in 2009 with certain exemptions. Canada notified the following uses:

  • Photo-imaging
  • Photo-resist and anti-reflective coatings for semi-conductors
  • Etching agent for compound semi-conductors and ceramic filters
  • Aviation hydraulic fluids
  • Metal plating (hard metal plating) only in closed-loop systems
  • Fire-fighting foam
Perfluorooctanoic acid which has the molecular formula C7F15CO2H (PFOA), its salts and precursors
Jurisdiction Risk Management
U.S. In the U.S., a stewardship program to reduce and eliminate facility emissions and product content for PFOA and their precursors was established in 2010. Participating companies have agreed to undertake to decrease emissions from the production and product contents of PFOA and PFOA-related compounds by 95% before the year 2010, and to eliminate them completely by the year 2015. It was successfully completed in 2015. On 21 January 2015, the United States Environmental Protection Agency (US EPA) proposed a Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA) to require manufacturers of PFOA and PFOA-related chemicals, including as part of articles, and processors of these chemicals to notify EPA at least 90 days before starting or resuming new uses of these chemicals in any products.3
EU The PFOA Regulations were taken in 2017 and are to come into force in 2020. They include exemptions for various uses and, in certain cases, for a limited period of time.
  • Implantable medical devices
  • Articles coated with photographic coating
  • Semiconductors or compound semiconductors
  • Firefighting foams (placed on the market before 2020)
  • Equipment used to manufacture semiconductors (exempted until 2022)
  • Latex printing inks (exempted until 2022)
  • Plasma nano coatings (exempted until 2023)
  • Textiles for the protection of workers from risks to their health and safety (exempted until 2023)
  • Membranes intended for use in medical textiles, filtration in water treatment, production processes and effluent treatment (exempted until 2023)
  • Medical devices (exempted until 2032)
Stockholm Convention
(UNEP 2017)
PFOA, its salts and PFOA related compounds are currently being assessed (for listing to Annex A of the Convention with specific exemptions. It is anticipated that the listing could occur in May 2019 at the earliest, at the Conference of the Parties (COP). For substances listed to Annex A of the Convention, Parties are required to eliminate production, use, import and export.
Jurisdiction Risk Management
  • Two producers and the largest importer phased out decaBDE in the U.S. in 2013
  • The revised TSCA as amended by the Frank Lautenberg Chemical Safety for the 21st Century Act requires the US EPA to propose a rule to reduce exposure from DecaBDE by June 2019
  • A SNUR requires notification to US EPA ninety days prior to U.S. manufacture or import, for any use, of the commercial products PentaBDE and OctaBDE after January 1, 2005
  • Several states have restrictions on the manufacture and/or use of PBDEs in certain applications
  • Regulations exist for pentaBDE and octaBDE in California (Heath and Safety Code, Division 104, Part 3), Hawaii (HB2013 CD1), Illinois (Brominated Fire Retardant Prevention Act), Maryland (An act concerning Environment - Brominated Flame Retardants Pentabrominated and Octabrominated Diphenyl Ether – Prohibition), Michigan (Natural Resources and Environmental Protection Act, Subpart 2, 324.14722), New York (Environmental Conservation Law)
  • Regulations exist pentaBDE, octaBDE and decaBDE in Maine (Restrictions on sale and distribution of brominated flame retardants), Minnesota (Products Containing Certain Polybrominated Diphenyl Ethers Banned; Exemptions), Oregon (An Act: Relating to decabrominated diphenyl ether; creating new provisions; and amending ORS 453.005, 453.025 and 453.085.), Rhode Island (Chapter 13.4 of Act Relating to Health and Safety), Vermont (The Vermont Statutes, Title 9, Chapter 80: Flame Retardants), Washington (70.76 RCW), Washington DC (Prohibitions on polybrominated diphenyl ethers)
  • EU Regulation No. 850/2004: Prohibition of tetraBDE, pentaBDE, hexaBDE and heptaBDE in articles with a concentration limit of 10 ppm, limit is 1000 ppm if item is made from recycled materials.
  • Directive 2011/65/EU: Limitation of PBDEs (sum of all homologues) in Electrical and Electronic Equipment to 1000 ppm
  • REACH: Limitation of octaBDE and decaBDE in articles to 1000 ppm
    • Exemptions exist for decaBDE for automotive and aerospace
  • Proposal to limit decaBDE to 10 ppm in articles other than in aircraft, vehicles and electronics parts.
  • Product Regulations S-2-20: it is forbidden to manufacture, import, export, sell and use decaBDE as a substance or in preparations containing 0.1 weight percent or more of this compound. It is also forbidden to manufacture, import, export and sell products or flame retardant parts of products that contain 0.1 weight percent or more of decaBDE.
  • Includes exemption for use in transportation
  • National standard GB/T26572-2011: Restriction on the use of PBDEs in electronic and electrical equipment in concentrations greater than 0.1%
  • India Restriction of Hazardous Substances: Restriction of the use of PBDEs in electrical and electronic equipment with a threshold limit of 0.1%
Stockholm Convention
  • PBDEs (hexaBDE, heptaBDE, tetraBDE and pentaBDE as well as decaBDE) are listed to Annex A of the Stockholm Convention. For substances listed to Annex A of the Convention, Parties are required to eliminate production, use, import and export.
  • For hexaBDE, heptaBDE, tetraBDE and pentaBDE, the Stockholm Convention provides exemptions allowing articles containing these groups to be recycled.
  • The Stockholm Convention does not provide a recycling exemption for decaBDE. On the other hand, the decaBDE listing provides certain exemptions4 for vehicles, aircraft and textiles.
Jurisdiction Risk Management
  • Any use of HBCD in textiles must be approved by the US EPA
  • There is a limit of 1000 ppm for HBCD contained in residential upholstered furniture and children’s products in Minnesota (Flame-Retardant Chemicals; Prohibition) and Washington (Flame Retardant Chemicals: Consumer Products-Restriction)
  • Flame retardants including HBCD contained in certain upholstered furniture must be labelled in California (SB 1019, Leno. Upholstered furniture)
  • EU Regulation No. 850/2004: Production/import/use of HBCD prohibited unless a special exemption is granted
  • Concentrations below 100 ppm are considered unintentional trace contaminants
  • Chemical Substances Control Law: Production/use/import is prohibited unless an exemption is granted
Stockholm Convention
  • HBCD is listed to Annex A of the Convention. For substances listed to Annex A of the Convention, Parties are required to eliminate production, use, import and export.
  • An exemption for the use of HBCD in expanded and extruded polystyrene in buildings if it can be easily identified by labeling or other means throughout its life cycle

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