With the REACH Legislation entering its 17th year since inception, CMCA(UK) has observed a concerning lack of awareness within many sectors of the industry regarding its relevance and impact, particularly in the context of PFAS planning amidst concerns over “forever chemicals”. These per-and polyfluoroalkyl substances (PFAS) have garnered increasing attention due to their persistence in the environment and potential health risks. Despite increased awareness among some component and equipment manufacturers, a significant portion remains either uninformed or mistakenly believes the legislation is only pertinent to the chemical industry, overlooking its implications for their operations and the handling of PFAS. Even those cognisant of their obligations under REACH often struggle to achieve compliance due to various challenges in meeting regulatory requirements.
So, what are the issues at hand?
Initially, REACH primarily targeted the chemical industry, mandating registration of substances produced or imported in the EU at quantities exceeding 1 tonne per annum. Evaluation of these substances has resulted in the creation of the Candidate List, enumerating ‘Substances of Very High Concern’ (SVHCs), which currently comprises 240 entries. Among these are PFAS, often referred to as “forever chemicals” due to their persistent nature in the environment and their ability to bioaccumulate in organisms, posing potential risks to human health and ecosystems. Additionally, an Authorisation List has been established, outlining SVHCs subject to bans or restrictions, with 59 entries presently listed up to the end of March 2024.
For manufacturers of components or equipment, any presence of SVHCs in their products triggers obligations under REACH, necessitating disclosure to recipients based on concentration levels. Even entities within the supply chain bear responsibility for compliance upon product delivery. Therefore, manufacturers must ascertain whether Commercial Off-The-Shelf (COTS) items or internally designed component parts contain SVHCs.
The utilisation of substances listed on the Authorisation List necessitates close attention to ‘Sunset Dates’, which mark the deadline for legal usage without specific authorisation for particular applications or pending applications. When these Sunset Dates expire, the use of these substances becomes illegal unless specific permissions are granted. This regulatory framework aims to control and phase out substances of concern to protect human health and the environment.
Certain substances listed on the Authorisation List have been historically prevalent in finished equipment and are crucial to various manufacturing processes, including chromate conversions, passivation, and anodizing. For instance, Hexavalent Chromium compounds, such as Chromium Trioxide, Sodium Dichromate, and Potassium Dichromate, were extensively used in these processes. However, the Sunset Date for these compounds expired in September 2017, resulting in significant implications for industries reliant on them for surface treatments and finishes.
Similarly, we observe a parallel scenario unfolding with PFAS (per- and polyfluoroalkyl substances). PFAS have been widely used in various applications due to their unique properties, including water and oil resistance, making them prevalent in products like firefighting foams, non-stick cookware, and waterproof clothing. However, mounting evidence of their persistence in the environment and potential health hazards has led to increased scrutiny and regulatory action.
As with other substances on the Authorisation List, PFAS are subject to Sunset Dates, marking the deadline for their legal usage without specific authorization. The expiration of these Sunset Dates may have far-reaching implications for industries reliant on PFAS, necessitating alternative solutions and strategies for compliance and product development. Thus, similar to the case of Hexavalent Chromium compounds, industries utilizing PFAS must prepare for regulatory changes and adapt their processes accordingly to ensure compliance and sustainability.
How can CMCA(UK) assist?
With extensive experience in analysing customer Bills of Material, Items/Parts Lists, and engineering drawings, CMCA(UK) facilitates Obsolescence Management, Equipment Data Structure, and RoHS Compliance. Over the past four years, we’ve collaborated with prime contractors in defence and aerospace sectors, leveraging our expertise to develop REACH Services tailored to ensure compliance with the legislation. If you suspect compliance challenges within your operations, CMCA(UK) stands ready to provide assistance and support.
