Essential Use (PFAS Policy Concept)

Essential use is a policy framework concept used to evaluate whether the continued use of a hazardous substance (such as PFAS) is justified because no technically and economically feasible alternatives exist and the use is necessary for health, safety, or critical societal functions. While not yet a formal legal criterion in all jurisdictions, essential use has been referenced in the EU’s Chemicals Strategy for Sustainability, in the universal PFAS restriction proposal’s derogation framework, and in several U.S. state PFAS laws as a basis for granting or denying exemptions.

European Commission Chemicals Strategy for Sustainability (CSS, October 2020); EU PFAS Restriction Annex XV Report (2023, updated 2025); Montreal Protocol Essential Use concept; various U.S. state PFAS laws.

The essential use concept helps companies and regulators distinguish between PFAS applications that can be eliminated quickly (e.g., cosmetics, food packaging) and those that require extended transition periods (e.g., medical implants, semiconductor manufacturing). Companies seeking derogations under the EU restriction should frame their applications in terms of essential use criteria: demonstrating that no alternative achieves the required performance and that the use serves a critical function.

A semiconductor fabrication facility uses PFAS-based photolithography chemicals that have no known alternatives capable of achieving the required feature sizes. Under the essential use framework, this application would likely qualify for a derogation because the use is critical for electronics manufacturing and alternatives are not yet technically feasible.