Document 37LpgGvMq3ZQrnqz4gX35qp7J

Refrigerant is a necessity On 13 January 2023, the competent authorities of five EU/EEA countries (Dossier Submitters) submitted the PFAS REACH Annex XV Restriction Report (Proposal) to the European Chemical Agency (ECHA). Honeywell submits the following information and comments to the ECHA 1st public consultation on the Proposal. Trifluoroacetic acid (TFA) is formed in the atmospheric degradation processes for some HFCs and HFOs fluorinated gases. For most HFC/HFO refrigerants, degradation rates/yields into TFA are small, resulting in de minimis increases in overall TFA concentrations by comparison with pre-existing TFA levels. Only a few commercialized fluorinated gases decompose into fractions of TFA over 30% (including, HFO-1234yf, HFC-227ea, HFC-134a). Nevertheless, these emissions lead only to increases in TFA concentrations that safely remain at orders of magnitude below scientifically established DNEL/PNEC levels and/or food intake or water quality standards for TFA. According to the trifluoroacetic acid (TFA) REACH registration dossier and Chemical Safety Report (CSR), this substance does not fulfil the criteria for a PBT or vPvB substance under Annex XIII REACH. Neither does it raise equivalent levels of concern under Article 57(f) REACH. In this respect, ECHA already reviewed/evaluated the TFA dossier without concluding that further regulatory actions were needed. Potential effects of HFC/HFO emissions on TFA concentrations and respective risks to humans and the environment were studied intensively worldwide. In this respect, highly qualified independent assessments of UNEP panels repeatedly concluded that "The current low concentration of trifluoroacetic acid (TFA) produced by the degradation of several hydrofluorocarbons (HFCs) and hydrofluoroolefins (HFOs), is currently judged not to pose a risk to human health or to the environment." and that "available evidence indicates that this breakdown product [TFA] is of minimal risk to human health". The most recent Environmental Effects Assessment Panel (EEAP) 2022 Assessment Report unequivocally cited a common agreement among the majority of experts that "all PFAS should not be grouped together, persistence alone is not sufficient for grouping PFAS for the purposes of assessing human health risk, and that the definition of appropriate subgroups can only be defined on a case-bycase manner" and that "it is inappropriate to assume equal toxicity/potency across the diverse class of PFAS". According to the same Report, this equivalent argument applies to the inclusion of TFA, with a two-carbon chain and a single CF3 group, in a class with longer chain PFAS (e.g. PFOS). The Report concludes that "Trifluoroacetic acid has biological properties that differ significantly from the longer chain polyfluoroalkyl substances (PFAS) and inclusion of TFA in this larger group of chemicals for regulation would be inconsistent with the risk assessment of TFA". This Report also concludes that "based on projected future use of these precursors of TFA [incl. HFC/HFO], no harm is anticipated" and that TFA "is unlikely to cause adverse effects out to 2100". Moreover, according to the most recent 2022 UNEP/WMO report: "TFA abundance and its environmental impacts have been assessed in many previous Assessments (e.g., Montzka, Reimann et al., 2011; Montzka, Velders et al., 2018; Carpenter, Daniel et al., 2018). Those Assessments concluded that the environmental effects of TFA due to the breakdown of HCFCs and HFCs are too small to be a risk to the environment over the next few decades based on the projected future use of hydrocarbons, HCFCs, and HFOs." Environmental fate and distribution modelling of TFA in the freshwater aquatic environment was conducted based on the assumption of constant and ongoing HFO emissions, which through atmospheric degradation in turn leads to a constant deposition of TFA. Initial modelling results demonstrate that within a short timeframe (months) a steady state concentration of TFA is reached, which does not further increase over time. This is illustrated in a case study for the Rhine basin (Germany, The Netherlands), for which TFA concentrations clearly below 10 g/L are predicted. Importantly, this study invalidates the incorrect assumption in the Proposal that TFA concentrations in fresh water would keep increasing until "inevitably" a toxic level would be reached. In addition, emissions of HFC are subject to effective Risk Management Measures (RMMs) under the EU F-Gas Regulation, including progressively phasing down their tonnages via quotas (until 2030) and prohibitions on uses in certain RHVAC/ MAC equipment. Emissions of HFOs (in particular, HFO-1234yf as the key MAC refrigerant) are also adequately controlled via containment requirements (leaks controls, end-of-life collection, and disposal, etc.) under the MAC Directive and the ELV Directive. The above EU legislation specifically aims to considerably decrease all HFC/HFO emissions in the short to medium term. Considering the above, the conclusions in section 1.1.6 of the Proposal suggesting the existence of unacceptable risks from HFC/HFO emissions and their further degradation to TFA that are not adequately controlled and that all HFC/HFO emissions should be used as a proxy for unacceptable risks are erroneous, not proved by science and based on "hypothetical" or "zero risk" assumptions. These conclusions are in contradiction with available solid scientific data, REACH registration information and ECHA practices. Therefore, in line with the provisions of Articles 68 and 69 REACH, fluorinated gases such as HFC-125, HFC-143a, HFO-1234ze(E), HCFO-1233zd(E), HFO1336mzz(E), HFO-1336mzz(Z), HFC-245fa, HFC-365mfc, HFO-1234yf, HFC-134a, HFC-227ea, HFC-236fa, as well as TFA as a substance and as a degradation product of certain fluorinated gases must be excluded from the scope of the Proposal.