UK REACH Opens Nine New SVHC Consultations and PFAS Firefighting Foam Restriction

UK REACH regulatory activity continues to accelerate

The UK REACH regulatory programme has reached another significant milestone, with the Health and Safety Executive (HSE), acting as the UK REACH Agency, opening consultations on nine proposals to identify new Substances of Very High Concern (SVHCs) for inclusion on the UK REACH Candidate List.

Alongside these consultations, HSE has also opened the long anticipated UK REACH restriction proposal for per and polyfluoroalkyl substances (PFAS) in firefighting foams, one of the most significant chemicals regulatory developments currently underway in Great Britain.

Together, these proposals represent one of the largest packages of UK REACH regulatory activity since the regime was established.

 

The proposed UK REACH SVHC substances

The new proposals cover the following substances:

  • O,O,O-triphenyl phosphorothioate (TPPT)
  • Perfluoroheptanoic acid (PFHpA) and its salts
  • 4,4′-[2,2,2-trifluoro-1-(trifluoromethyl)ethylidene]diphenol and its salts
  • Bis(4-chlorophenyl)sulphone (BCPS)
  • Medium Chain Chlorinated Paraffins (MCCPs)
  • 2-tert-butyl-6-(5-chloro-2H-benzotriazol-2-yl)-4-methylphenol (Bumetrizole)
  • Oligomerisation and alkylation reaction products of 2-phenylpropene and phenol (OAPP)
  • Reaction mass of triphenylthiophosphate and tertiary butylated phenyl derivatives
  • 1,1′-[ethane-1,2-diylbisoxy]bis[2,4,6-tribromobenzene] (BTBPE)

The proposals have been made under Article 57 of UK REACH, which allows substances to be identified as SVHCs where they exhibit hazardous properties such as carcinogenicity, mutagenicity, reproductive toxicity, persistence, bioaccumulation, endocrine disrupting properties or an equivalent level of concern.

 

What does Candidate List inclusion mean?

Being added to the UK REACH Candidate List does not prohibit a substance from being manufactured, imported or used.

However, Candidate List inclusion is an important regulatory milestone that can trigger a range of commercial and compliance implications, including:

  • Increased scrutiny from customers and supply chains.
  • New communication obligations for suppliers.
  • Notification requirements in certain circumstances.
  • Greater pressure to identify and evaluate alternatives.
  • The possibility of future inclusion within the UK REACH Authorisation List.

For many businesses, Candidate List inclusion also influences procurement decisions, sustainability commitments and customer expectations well before any formal restrictions are introduced.

 

PFAS firefighting foam restriction moves forward

Alongside the SVHC consultations, HSE has opened the consultation on its proposed UK REACH restriction of PFAS in firefighting foams.

The proposal follows Defra’s request for HSE to prepare an Annex XV restriction dossier and represents a major step in the UK’s approach to regulating PFAS.

The proposal is expected to affect organisations involved in the:

  • Manufacture of firefighting foams.
  • Import and distribution of firefighting foams.
  • Industrial and commercial use of firefighting foams.
  • Storage and management of existing PFAS containing stocks.
  • Disposal and transition planning.

Given the widespread historic use of PFAS based firefighting foams, organisations across sectors including aviation, energy, chemicals, manufacturing, ports, defence and local government should carefully review the proposed measures and understand the potential operational implications.

 

What should businesses do now?

Organisations should use the consultation period to assess both regulatory and commercial impacts.

Key actions include:

  • Identifying whether any substances, mixtures or articles within your portfolio are affected.
  • Reviewing current uses, tonnages and supply chains.
  • Assessing the availability, performance and feasibility of alternatives.
  • Considering wider business impacts, including costs, technical performance and customer requirements.
  • Preparing evidence to support consultation responses where appropriate.

Consultation periods provide an important opportunity for businesses and trade associations to ensure that regulators have access to robust technical, economic and practical evidence before decisions are made.

 

How RPA can help

Risk & Policy Analysts (RPA) has extensive experience supporting businesses, industry associations and public sector organisations throughout the UK and EU REACH regulatory process.

Our expertise includes:

  • UK REACH and EU REACH regulatory strategy.
  • Consultation responses.
  • Socio Economic Analysis (SEA).
  • Analysis of Alternatives (AoA).
  • Regulatory impact assessment.
  • Supply chain engagement.
  • Independent technical and economic evidence.

Whether you are assessing the implications of Candidate List proposals, preparing consultation responses or developing longer term regulatory strategies, our team can help you understand the potential impacts and identify proportionate, evidence based solutions.

If your organisation is affected by any of these UK REACH proposals, please contact our team to discuss how we can support you.