Recent Developments on Regulations on Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in Japan

Perfluoroalkyl and Polyfluoroalkyl Substance (“PFAS”) is a generic term used for approximately 10,000 organofluorine compounds. Because of various properties they possess that are not found in other substances — such as heat resistance, chemical stability and chemical resistance — they have been used in a wide range of applications, including lithium-ion batteries, semiconductor manufacturing, automotive parts, various machinery and equipment and medicine.

Perfluorooctanesulfonic acid (“PFOS”) and perfluorooctanoic acid (“PFOA”) have been the most widely used PFASs. They are not biodegradable and have high bodily accumulation potentials, prompting global discussion on curtailment of their use. Due to their toxicity and environmental persistence, PFOS and its salts have been listed in Annex B (Restricted) under the Stockholm Convention on Persistent Organic Pollutants (“POPs Convention”). It was decided at the 4th Meeting of the Conference of Parties to the POPs Convention in May 2009. PFOA and its salts and PFOA-related substances would be added to Annex A (Eliminated) of the POPs Convention at the 9th Meeting of the Conference of Parties in May 2019 . It was later decided that perfluorohexanesulfonic acid (“PFHxS”) and its salts and PFHxS-related substances would be added to Annex A at the 10th Conference of the Parties in June 2022. Furthermore, restrictions on long-chain perfluorocarboxylic acids (“PFCAs”) with 9-21 carbon atoms are currently under discussion by the POPs Convention’s Review Committee (“POPRC”), which is scheduled to consider a risk management assessment of these substances at its next meeting.