Use of hazardous substances such as FBSA in the EU

Subject: Use of hazardous substances such as FBSA in the EU

The Flemish authorities and the environmental inspectorate have ordered the chemical company 3M to immediately stop discharging FBSA (Perfluorobutane sulfonamide, also known as H-FBSA) from its plant in Zwijndrecht. This decision was made after FBSA effluent was discovered in the Scheldt, despite the fact that the company had neither reported the discharges nor received official authorisation for them. The discharges have reportedly been taking place for at least 10 years12.

In view of this:

1. Does the Commission have a list of locations where this and other PFAS are being used and produced in the EU?

2. Does it have an overview of areas in the Union potentially contaminated with FBSA or other PFAS?

3. Is it keeping an eye on measures taken by the Member States to contain possible discharges of hazardous substances (that is to say FBSA and PFAS in general)?

1 https://www.vrt.be/vrtnws/nl/2021/08/24/chemiebedrijf-3m-geeft-nu-zelf-aan-dat-het-giftige-stof-fbsa-in/

2 https://www.standaard.be/cnt/dmf20210829_97658265

Answer given by Mr Sinkevičius on behalf of the European Commission (8 December 2021)

Perfluorobutane sulphonamide (FBSA) is not registered under the regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (3). For this reason, the Commission does not have data on where FBSA is manufactured or used, but has information on the manufacturers or importers of other per‐ and polyfluoroalkyl substances (PFAS) that are registered.

The Environmental Quality Standards Directive (EQSD) (4) obliges Member States to implement standards for polluting substances in water. Regarding Perfluorooctane sulfonic acid (PFOS) and its derivatives, which is part of the PFAS family, an EU mandatory environmental quality standard has been established (5). From March 2022, all Member States will have to report on this priority substance.

The Commission does not have an overview of potentially contaminated sites in the EU, but will consider proposing legally binding provisions to identify, register and remediate contaminated sites in the context of the new Soil Health Law by 2023, and develop an EU priority list for soil contaminants by 2024.

The installation operated by 3M falls within the scope of the Industrial Emissions Directive (IED) (6): it shall be operated in accordance to its permit based on the use of Best Available Techniques (7).

The Commission is currently revising the IED and the regulation on the European Pollutant Release and Transfer Register (E- PRTR) (8).

The objective is to achieve more stringent measures on prevention and control of pollutant emissions as well as extensive reporting of PFAS emissions, thus increasing the knowledge on the release sources and assisting the identification of potential contaminated sites.

⋅1∙ https://www.vrt.be/vrtnws/nl/2021/08/24/chemiebedrijf-3m-geeft-nu-zelf-aan-dat-het-giftige-stof-fbsa-in/

⋅2∙ https://www.standaard.be/cnt/dmf20210829_97658265

⋅3∙ Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and

Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, OJ L 396, 30.12.2006.

⋅4∙ Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy,

amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council, OJ L 348, 24.12.2008, p. 84‐97.

⋅5∙ Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority

substances in the field of water policy, OJ L 226, 24.8.2013, p. 1‐17.

⋅6∙ Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control),

OJ L 334, 17.12.2010, p. 17‐119.

⋅7∙ Best Available Techniques (BAT) means the most effective and advanced techniques, developed on a scale allowing implementation in the relevant industrial sector,

under economically and technically viable conditions.

⋅8∙ Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and

Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC, OJ L 33, 4.2.2006, p. 1‐17.
















| | )The Commission will soon start an evaluation of the Environmental Liability Directive (9).

⋅9∙ scheduled to finish by 2023, Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the

prevention and remedying of environmental damage, OJ L 143, 30.04.2004, p. 56. | | ( | | )