As awareness of health-related concerns surrounding per- and polyfluoroalkyl substances (PFAS) increases, more and more states are taking action to limit the use of the substances, which are often referred to as forever chemicals.

“PFAS generally, as a classification of substances, continues to draw a lot of attention and concern. How it will be addressed is to be determined, but the states are looking into it,” said Tristam Coffin, co-founder, and president of sustainability, policy, and technical services, êffecterra.

Coffin said there are already options that allow end-users to avoid PFAS in refrigerants. “There is a pretty clear discussion that there are viable alternatives for every possible end use for refrigerants in particular,” Coffin said. “Are there other tradeoffs involved? Yes. There are certain applications when utilizing natural refrigerants that might be more efficient than others.”

STATE ACTION

The state of Maine has been at the forefront of addressing PFAS contamination. It has enacted legislation to ban the sale of certain products containing intentionally added PFAS, including specific refrigerants, foams, aerosol propellants, and heating, ventilation, air-conditioning and refrigeration equipment beginning Jan. 1, 2040.

Minnesota first passed laws restricting PFAS in 2023 and is developing a process to assess the use of PFAS in refrigerants. The state has set reporting requirements for remaining PFAS uses beginning in 2026. By 2032, Minnesota intends to ban nonessential uses of PFAS in new products, which may include certain refrigerants.

Maine and Minnesota are among several states that classify f-gases or their degradation product, trifluoroacetic acid, as PFAS. More states are expected to continue restricting the use of PFAS in various products, including refrigerants, especially if the federal government doesn’t issue regulatory guidance.

NATIONAL AND GLOBAL CONSIDERATIONS

At the federal level, the U.S. Environmental Protection Agency does not classify f-gases or trifluoroacetic acid as PFAS. Additionally, the EPA has not yet proposed specific regulations concerning the use of PFAS in refrigerants, but the agency has published its “PFAS Strategic Roadmap.” The roadmap outlines the schedule for conducting specific measures regarding these chemicals. “Coffin said the European Union is still looking at PFAS in relation to refrigerants. “It will be in the next round of end-use and sector-specific reviews,” Coffin said. “They are systematically reviewing the potential impacts and cost benefits.”

COMPLYING WITH MAINE’S RESTRICTIONS

While there is plenty of time to comply with Maine’s 2040 deadline banning PFAS in refrigerants, there are several ways manufacturers and end users can prepare to meet the state’s regulatory requirements. These include:

• Assess Product Lines: Identify products that contain intentionally added PFAS and determine the necessity of these substances in their applications.
• Explore Alternatives: Research and develop alternative substances or technologies that do not rely on PFAS and ensure they meet safety and performance standards.
• Staying Informed: Reviewing Maine DEP’s guidelines and staying current on PFAS regulations can help companies comply with evolving requirements.
• Engage with Regulatory Processes: If a product’s use of PFAS is deemed currently unavoidable, manufacturers can apply for an exemption through the DEP’s “Currently Unavoidable Use” (CUU) designation. This process involves demonstrating the lack of safer alternatives and the essential nature of PFAS in the product.