HRAI and AHRI Responds to Environment and Climate Change Canada Risk Management Scope

HRAI and AHRI Responds to Environment and Climate Change Canada Risk Management Scope for Per – and Polyfluoroalkyl Substances (PFAS) 

 

In a recent edition of In HRAI's News, we reported to members about the concerns related to PFAS in synthetic refrigerantsPFAS (Per- and polyfluoroalkyl substances) are a group of man-made chemicals that have been used in many consumer products, including nonstick cookware, clothing, and furniture since the 1940s. They are highly resistant to heat, water, and oil, making them useful for a variety of applications, including refrigerants used in air conditioning and refrigeration equipment. However, their ubiquitous presence in water, soil, and air samples has raised concerns about their potential impacts on human health and the environment. 

 

The Federal, Provincial, State, and local governments across North America and Europe are considering restricting the use of PFAS in selected productsOn May 20, 2023, Environment and Climate Change Canada (ECCC) published a Risk Management Scope for Per – and Polyfluoroalkyl Substances (PFAS) encouraging a 60-day public comment period ending on July 19th, 2023.  To ensure the interests of our industry would be uniquely represented, HRAI established a Call for Action committee consisting of knowledgeable HVACR industry scientists and engineers based in Canada and the United States.   

 

Although 60 days sounds like a great deal of time, it took the entire timeframe to assemble a document containing all the relevant material our industry considers worthy of expanded regulatory scrutiny. We are pleased to report that our PFAS document, in collaboration with our colleagues at the Air-Conditioning, Heating and Refrigeration Institute (AHRI), was submitted on time to ECCC. 

 

Our chief concern was meant to address EEEC’s approach to hydrofluoroolefins (HFOs), a major part of our industry’s ozone-depleting alternatives, being identified within their PFASs group of substances Our PFAS Task Team made these comments about HFO’s: 

 

- HFOs have obvious benefits to climate, and sustainability goals. Use of HFOs and HFO-HFC blends have helped avoid the potential release of hundreds of millions of metric tons of CO2e from the atmosphere since their commercialization in the early 2010’s. 

- HFOs and HFCs have been heavily studied and are rigorously regulated, under the U.S. Clean Air Act, other U.S. Environmental Protection Agency (EPA) programs including TSCA and FIFRA, and California CARB. 

- To date, more than 75 third party studies, including Good Laboratory Practice-compliant OECD in vitro, acute, and chronic toxicology reports, and environmental properties research that evaluates persistence and global warming potential, have been conducted on HFOs and HFCs to ensure they are non-PBT (non-persistent, non-bioaccumulate, and non-toxic) and safe for human and environmental health. 

- These oversight agencies rely upon the best, most accurate testing methods available, and have consistently listed HFOs and HFCs as acceptable and safe alternatives to other less climate-friendly substances. Accordingly, these substances should be fully excluded from the scope of the criteria set out in Section 64 of the Canadian Environmental Protection Act (CEPA). 

- HFCs and HFOs ultimately degrade in the atmosphere to basic chemical building blocks, such as carbon dioxide (CO2), fluoride salts. For some HFOs and HFCs, trifluoroacetic acid (TFA) is a degradation product, which the EPA in its National PFAS Testing Strategy concluded is a “well studied non-PFAS”.  Furthermore, a recent study concluded that current and projected TFA concentrations “are well below the threshold for concern with respect to human and environmental health.” 

- Moreover, Canada has an existing Refrigeration Management Program to mitigate emission of refrigerants to the environment. This program ensures collection of refrigerants from closed systems are re-used or destroyed.

- We recommend exemption of hydrofluoroolefins (HFOs) and HFO – hydrofluorocarbon (HFC) blends which are innovative and energy efficient materials that enable a rapid, cost effective and responsible transition away from, higher GWP HFCs, responsible for significant global warming. 

- The document makes recommendations to ECCC about the regulation of other PFAS compounds such as PIP (3:1) phenyl isopropylated used in wire insulation, electrical components, filters, wiring, wire harnesses, PVC components, bushings, reversing valves, protective rubber grommets and rubber components. PIP (3:1) is incorporated into many HVACR equipment components. These components are used in all industry and are reported in life-saving comfort cooling equipment which is the most well-understood supply chain of larger companies. 

 

It was also important to define concepts such as “complex consumer goods” and “complex durable goods” since exposure to PFAS chemicals embedded in the final equipment product is extremely low. The chemicals are not intended for release into the environment and normally do not come in direct contact with the consumer. Our team recommended complex goods be excluded from reporting requirements or have a low priority with requirements delayed until after data is available for the components, parts, and raw materials they contain. 

 

Complex durable goods, such as HVACR equipment, are manufactured by assembling tens to hundreds or thousands of parts, components, and raw materials to provide, in many cases, critical services to society. We would like ECCC to implement accountability and enforcement requirements that ensure suppliers inform downstream manufacturers of components and parts containing PFAS substances. A best practice means suppliers ought to recognize the need to disclose the use of PFAS in chemical formulations to downstream customers well in advance of the reporting deadline, so that companies subject to reporting have the information needed to report on articles containing chemicals of interest. 

 

Also requested was a “de minimis exemption” for articles containing less than 0.1% PFAS by weightWe further asked ECCC to consider establishing a list of reportable PFAS chemicals, with their specific CAS numbers included (Chemical Abstracts Service RN). We encouraged ECCC to understand that OEMs need sufficient time to determine which equipment and components contain controlled substances and that suppliers ought to recognize the need to disclose the use of PFAS in chemical formulations to downstream customers well in advance of the reporting deadline, so that companies subject to reporting have the information needed to report on articles containing chemicals of interest.  

 

We strongly encouraged ECCC to include any administrative requirements, such as record-keeping, to demonstrate compliance with the regulations. OEMs have limited visibility and control over complex, multi-tiered, global supply chains and have spent considerable time in attempting to assess the potential presence or absence of chemicals in their supply chains. OEMs request that suppliers be required to disclose use of chemicals of interest to their customers at least one year prior to final promulgation of regulations to allow all stakeholders sufficient time to comment on regulations impacting articles containing chemicals of interest. OEMs encourage ECCC to implement accountability and enforcement requirements that ensure suppliers inform manufacturers of components and parts containing substances of interest. Should a supplier not comply with ECCC’s rules to inform downstream component recipients, we ask that manufacturers not be held responsible if evidence of due diligence is provided. 

 

HRAI and AHRI made several other recommendations related to document retention, product coding, coordination of supply chains and an OEM request that ECCC clarify that the definition of “alternative” be limited to those that are technically feasible and commercially viable.  If the Ministers finalize the recommendation to add the class of PFAS to Schedule 1, a risk management instrument will be proposed within 24 months from the date on which the Ministers recommended that the class of PFAS be added to Schedule 1 of CEPA and finalized within 18 months from the date on which the risk management instrument is proposed.

 

For more information contact HRAI consultant Ian McTeer imcteer@outlook.com or Caroline Czajko cczajko@hrai.ca. 


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