Europe Restricts the Use of PFHxA While Considering Broader PFAS Ban

On September 19, 2024, the European Union (EU) announced new restrictions on the use of perfluorohexanoic acid (PFHxA) in consumer products, including some firefighting foam applications. The approved restriction aims to reduce emissions of PFAS, as PFHxA is often used as a substitution for PFOA, the use of which is already restricted in the EU and a common chemical found in AFFF. The rule sets timelines and concentration limits of PFHxA in firefighting foams and foam concentrates for training, testing, public fire services, and civil aviation, with exceptions. The restriction will formally enter into force on October 10 and will take effect after transitional periods of between 18 months and five years, depending on the use, allowing time for replacement by safer alternatives. This rule comes even as the European Chemicals Agency (ECHA) continues to evaluate a broader request to ban nearly all PFAS use—a proposal that received “unprecedented” response and prompting ECHA to take a sector-by-sector approach to PFAS rulemakings. 

While it is still unclear how ECHA will approach the pending broader request to ban the use of nearly all PFAS, stakeholders in the United States have expressed concern that a universal PFAS ban in the EU would likely push the U.S. to seek alternative trading partners. Moreover, the move reflects a growing trend of regulatory action restricting common PFAS and their applications, echoing a similar effort by the U.S. EPA to designate PFOA and PFOS as hazardous substances under CERCLA and bans in US states. ILTA continues to communicate the key considerations for liquid terminal owners’ liability under federal and state regulation and will continue to advocate and analyze the impact of policies on its members.