Update on the PFAS situation at the Arkema site in Pierre-Bénite

PFAS: a global subject that concerns a very large number of industries and applications

The question of PFAS is global and extends far beyond the chemical sector as these substances are used by very many companies, in many sectors, for many applications. We are talking of thousands of substances, each with different properties. They can be found in frying pans, textiles, packaging, carpets, soft furnishing, sportswear, etc.

A steadily evolving field of scientific understanding

There is a tendency to want to look at past situations through today’s eyes, even tomorrow’s, even though scientific knowledge is constantly evolving. There is a lack of established benchmarks, and standards are in the process of being developed.

A ministerial plan to assess the situation in France

It is in the context of this evolving scientific knowledge that the French government has adopted a ministerial action plan in 2023, including a ministerial order which concerns around 5,000 sites in France for identification assessment.

Pierre-Bénite site: implementation of a filtration solution, and production without any PFAS surfactant

In accordance with its commitments, the Pierre-Bénite site has ceased, since the end of December 2024, all use of 6:2 FTS, the only PFAS surfactant that was still used in its industrial process. In parallel with this commitment, the Pierre-Bénite site implemented a filtration solution in 2022 that has reduced its 6:2 FTS discharges into water by more than 90%.

The Pierre-Bénite site complies with regulations applicable to its industrial emissions and complies with all prefectorial orders regarding PFAS

Arkema places compliance at the heart of its operational priorities

Arkema makes every effort to comply with regulations regarding its industrial emissions, and the Pierre-Bénite site is regularly inspected by the authorities. The Pierre-Bénite site immediately implemented the requirements set out in the 5 prefectorial orders regarding PFAS, under the control of the DREAL Direction régionale de l'Environnement, de l'Aménagement et du Logement [Regional Environment, Planning and Housing Agencies].

Without waiting for regulations to evolve, the site had already taken measures to cease using PFAS surfactants in its production by end 2024. Arkema acts as a responsible operator. The Group, in Pierre-Bénite as at all its facilities, places compliance at the heart of its operational priorities.

A scientific, evidence-based and iterative approach is crucial

Regarding PFAS, a scientific, evidence-based and iterative approach is crucial to conduct a proper assessment. Given the complexity of the matter, this type of approach takes time.

In this context, a prefectural order adopted on June 14, 2023 requires the Pierre-Bénite site to carry out additional environmental investigations concerning certain PFAS, as well as an interpretation of the state of the environment (“IEM”) and a health risk assessment (“EQRS”).

Preliminary evaluations and calculations are underway and are the subject of regular exchanges with the authorities, including regarding the most recent results, particularly due to methodological uncertainties and especially concerning the values to be used for these substances, which are still very little regulated to date.

Update on the judicial and legal matters

Rejection of the proceeding for interim environmental measures (“référé penal environnemental”): In the spring of 2023, several associations filed a proceeding for interim environmental measures against the Pierre-Bénite site demanding various additional measures. The judge rejected the request on November 16, 2023, upholding the arguments put forward by the group. The appeal filed by the associations was ruled inadmissible by the Lyon Court of Appeal on January 11, 2024. An appeal has been filed before the supreme court (“Cour de cassation”) and a hearing is scheduled on 11 February 2025.

Expertise: On March 19, 2024, Arkema was notified of a request for judicial expertise issued by the Lyon Metropole against the industrial operators of the Pierre-Benite platform. On August 2, 2024, the judge of the Lyon judicial tribunal appointed a panel of three experts to conduct a court-ordered expertise, which Arkema did not appeal.  As a reminder, the Pierre-Bénite site conducts under the control of the authorities’ numerous studies on the subject of PFAS, some of which are still ongoing. The results of these analyses are communicated to the authorities. Arkema acknowledges the experts’ mission, as defined by the judge, which goes towards transparency and better understanding, particularly regarding the multi-source aspect. Arkema did not appeal this decision.

Intrusion on the Pierre-Bénite site: On March 2, 2024, activist militants illegally entered the Pierre-Bénite site, causing significant material damage. Arkema filed a complaint and acted as a civil party before the Lyon criminal court on June 18, 2024. On July 5, 2024, the Court acquitted the defendants overruling the public prosecutor's recommendations. The prosecutor filed an appeal on July 11, 2024, and Arkema joined this appeal.  The hearing before the Court of appeals will take place on 11 February 2025.

In the context of a judicial information opened in 2023 following a complaint from the mayor of Pierre-Benite, law enforcement officers visited our sites in Pierre-Benite, Cetia, and Colombes HQ on April 9, 2024. Arkema provided all requested information to the investigators. Arkema fully cooperated with the authorities and will continue to do so, as it always has. As a reminder, the Pierre-Bénite site complies with all regulations regarding its industrial discharges and is regularly inspected by the authorities.

eLynx procedure: On August 2, 2024, a local association (‘Bien vivre à Pierre-Bénite’) and several residents filed an application before the Administrative Court of Lyon to request (i) the suspension and (ii) the withdrawal of the order of the Prefect of Rhône dated May 14, 2024, authorizing the operation of a 3rd production reactor for PVDF without PFAS surfactant on the Pierre-Bénite site. By order of September 13, 2024, the emergency judge rejected the request for suspension and confirmed that Arkema had complied with all applicable rules regarding the evolution of its activity. The creation of this third reactor, a technological evolution developed by Arkema, enables the production of PVDF without the use of any PFAS surfactant. On September 30, 2024, the ‘Bien Vivre à Pierre-Bénite’ Association filed an appeal (before the Conseil d’Etat) against the order of September 13.