Calls for coordinated PFAS regulation

Global construction equipment industry co-signs first worldwide Declaration on PFAS restrictions

The global construction equipment sector, represented by the Association of Equipment Manufacturers (AEM/USA), Construction Mining Equipment Industry Group (CMEIG/Australia), Committee for European Construction Equipment (CECE/Europe), Indian Construction Equipment Association (ICEMA/India), Construction Equipment Manufacturers Association (CEMA/Japan), and Korea Construction Equipment Manufacturers Association (KOCEMA), has underscored the critical need to address the risks associated with heavy-duty, off-road equipment, spanning operator safety, engine emissions, and chemical management.

In response to the emerging global regulations surrounding Per- and Polyfluoroalkyl Substances (PFAS), the construction equipment industry is poised to present a unified stance on the stringent restrictions being proposed. The industry emphasises the necessity of a harmonised approach to PFAS regulation across different regions to mitigate potential disruptions to international supply chains and trade relations.

The coalition advocates for a substance-specific regulatory framework rather than a blanket approach to PFAS. Citing the Montreal Protocol, they propose that the application of essential use criteria to PFAS should be limited and regulated based on the principle of proportionality. This perspective aims to ensure legal certainty and maintain essential industrial applications, which currently lack viable alternatives.

Construction equipment manufacturers are committed to producing durable, high-performance machinery that meets rigorous safety, environmental, and customer standards. PFAS play a crucial role in achieving these objectives, performing essential functions in various applications:

• Coatings and seals: PFAS-based O-rings, gaskets, and seals prevent fluid leaks and contamination, extending the lifespan of machinery.

• Cables and hoses: Used to transfer fluids and prevent leaks.

• Hydraulic Systems: PFAS additives enhance hydraulic fluids and lubricants.

• Refrigerants: HFC-134a and HFO-1234yf are used in air conditioning systems to meet health and safety standards.

• Alternative power technologies: PFAS are essential in batteries and hydrogen fuel cells for new power technologies.

The industry ensures its products are designed for long lifetimes with end-of-life provisions, such as reuse and recycling, to prevent environmental contamination. These practices align with circular economy principles, promoting responsible remanufacturing and recycling of used oils and fluids.

To foster effective regulation, the industry offers the following recommendations to regional authorities:

• Prioritise regulatory efforts on high-risk PFAS chemicals and end-use applications.

• Focus on preventing PFAS chemical release, improving waste disposal, material handling, recycling, and environmental remediation rather than broad prohibitions.

• Adopt a globally harmonised list of PFAS.

• Implement substance-specific regulations based on proportionality rather than essential use criteria.

• Allow adequate transition periods for Original Equipment Manufacturers (OEMs) to comply with new regulations.

• Provide exemptions for aftermarket parts to support circularity.

• Engage in collaboration with industry stakeholders throughout the supply chains.

The global construction equipment industry remains dedicated to innovation and actively engaging with policymakers and civil society to address these critical issues, ensuring a balanced approach to PFAS regulation that safeguards both industry needs and environmental health.