The UK Government is continuing to meet its commitment to phase out the use of perfluorooctanoic acid (PFOAs) through measures restricting or prohibiting the manufacturing, placing on the market and use of PFOA, its salts and PFOA-related compounds used in fire-fighting foam for liquid fuel vapour suppression and Class B fires.
The most recent restriction was from 1 January 2023, where the use of the fire-fighting foam is only allowed in sites where all releases can be contained - essentially, where the foam cannot be contained or collected after a fire has been extinguished.
What are "forever chemicals"?
"Forever chemicals" have been widely used across the world since the 1940s, from fire-fighting foams to industrial applications and consumer products. Their high thermal and chemical stability and water and oil-repellent nature means they have been heavily used in cosmetics, coatings for textiles and paper including food contact materials.
They comprise per and polyfluoroalkyl substances (PFAS) which is the collective name given to a group of fluorinated compounds.
PFAS are everywhere in nature due to their inability to break down. The long history of their use has resulted in "a legacy of environmental contamination that is challenging to remediate", according to the Environment Agency, and their toxic nature has been linked to health problems since the 1990s. They are a large group of synthetic, environmentally persistent and potentially toxic chemicals, which can build up in living organisms through a process called bioaccumulation.
The best known examples of PFAS are PFOAs and perfluorooctane sulfonate (PFOS), both of which are now subject to regulatory restrictions because of their harmful properties.
UK POPs Regulation
Retained EU Regulation 2019/1021 on persistent organic pollutants (the UK POPs Regulation) bans the production, placing on the market and use of substances, mixtures and articles containing PFOA, its salts and PFOA-related compounds. PFOA, its salts and PFOA-related compounds remain in the environment for very long periods of time, are toxic and gradually build up to harmful levels in living organisms.
They have previously been used as active ingredients in Class B firefighting foams, and particularly so within aqueous film forming foams, in the main due to their surfactant properties. They may also be present in foams as a contaminant.
There is currently an exemption set out in Annex 1 in the UK POPs Regulation for the use of PFOA, its salts and PFOA-related compounds in firefighting foams for Class B fires already installed in systems, including both mobile and fixed systems.
This exemption remains in place until 4 July 2025, subject to certain conditions being met.
Northern Ireland situation
Since 1 January 2021, Northern Ireland has continued to implement Regulation (EU) 2019/1021 on persistent organic pollutants (the EU POPs Regulation) as a result of the Northern Ireland Protocol.
The phase in dates mentioned in this In Focus are currently the same for the UK POPs Regulation and the EU Pops Regulation.
What do I need to do?
It is essential that you are confident you are complying with the UK POPs Regulation or the EU Pops Regulation.
You need to find out if the foam you hold contains PFOA, its salts and/or PFOA-related compounds.
You can do this by:
If you intend to use, or have a stockpile of Class B foam already installed in systems which contains or may contain PFOA, its salts and/or PFOA-related compounds, you must comply with the following conditions:
