PFAS and how to deal with it is one of the biggest topics in environmental law currently.  As the quote below from an article in the Independent this week shows the topic crops up in unexpected places.

PFAS are a group of Per- and polyfluorinated alkyl substances known as ‘forever chemicals’. PFAS have been linked to a range of adverse health impacts,and have become pervasive due to their presence in a wide range of consumer products and water and grease repellent abilities.  There are many initiatives looking at this issue.

On 12 October, the Marine Conservation Society launched a new campaign to tackle chemical pollution titled “Stop Ocean Poison” which focuses on PFAS.

Furhter, a proposal for a working group to support the development of policy and the delivery of DEFRA’s aims to tackle these ‘forever chemicals’ in the environment was made at the UK Chemicals Stakeholder Forum (UKCSF) last month.

The aim of the stakeholder-led working group is to help DEFRA consider how to take a balanced and cost-effective approach to the wide-ranging issue of PFAS over the next year. 

PFAS have been identified by UKCSF as a “top emerging chemical issue that we need to address in the coming years”. Despite being a global issue, the group emphasises that “PFAS risks within each country will vary and PFAS policy in GB should reflect GB uses and risks from PFAS”.

According to ENDS Report, it is hoped this working group will produce recommendations for actions to help inform the government approach and help prepare for how the strategic approach would be implemented, which includes addressing lifecycle risks, and how to incentivise development of and transition to alternatives to PFAS.

The proposed working group members so far include the NGOs and academic groups CHEM Trust; Green Alliance; Marine Conservation Society; Alliance for Cancer Prevention; FIDRA, and the Royal Society of Chemistry. From industry, it proposes the Chemicals Industry Association, Chemical Business Association; BritishChemicals Association; British Retail Consortium; Fretwork (Manufacturers of Flame Retardant Textiles); and Water UK. The government bodies will include DEFRA, BEIS, HSE, the Environment Agency and the UK Health Security Agency.

Ensuring that the levels of harmful chemicals entering the environment are significantly reduced was a key tenet of the government’s first 25-Year Environment Plan, published in 2018. The plan committed to a new chemicals strategy to achieve these goals.  However, in the most recent update, this report still has no fixed publication date despite workshops being held on the plan in the first half of this year.

As part of the UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Work Programme for 2021-2022, DEFRA has also asked the Environment Agency and Health and Security Executive to examine the risks posed by PFAS and develop a ‘Regulatory Management Options Analysis’ (RMOA). A call for evidence went out in December last year, closing in January. At the UKCSF meeting it was revealed that this will be “published in due course” and that both DEFRA and the Devolved Administrations will “carefully consider its recommendations to inform future PFAS policy”.

The UKCSF meeting last month has been followed by further developments in UK chemical regulation. On 12 October, a list of members for the UK REACH Independent Scientific Expert Pool (RISEP) was published after months of delay. The group consists of experts whose role is to give independent advice on the safety of chemicals to support chemical legislation decision making post-Brexit. The list of all 35 members can now be found on the HSE website.

In addition, the draft Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2022 were laid before Parliament on 19 October. The draft Regulations correct errors in retained EU law relating to persistent organic pollutants, including deficiencies in relation to PFAS perfluorooctane sulfonic acid and perfluorooctanoic acid. They are due to come into force on the date after the date they are made.

We regularly advise clients on chemicals and waste regulation.  If you need any support please get in touch with Michael Barlow or any other member of the environment team.

Written by Isobel Annan