Document XO5dn9Z2VK1BpeOo5ed1MMJDB

'3; I Interna! Correspondence Date: From : Dept: Tel No: 30-Dec-I988 06:31pm CST US053491USSPu 1 RICKER , DCINPR0FSSSWME6RETEL TO: CHASMAN, JON N F'ROFEi SSWMB QUIGLY TO: KILLIAN, MICHAEL E PROFS SSWMB QUIGLY TO: PIKE, MIKE T PROFS SSWMB QUIGLY ->------- --------------- Subject: rC-129 Biodegrada To: US009762-- USSF'01 US 105996-- USSF`01 MIKE T PIKE Jori N Chasman US082710-- USSF'01 MICHAEL E KILLIAN FROM: Don Ricker - US053491 - USSF'01 Specialty Chemical Division QA - 236-1B-10 (733-24881 Subject: FC-129 Biodegradability IF YOU DECIDE TO PROCEED WITH THIS TESTING, PLEASE HAVE THE SAMPLES SUBMITTED THROUGH ME. BY MEANS OF THIS MEMO I AM NOTIFYING E. REINER THAT MIKE KILLIAN, JON CHASMAN ARE THE RESPONSIBLE PARTIES FOR THE SURFACTANT LINE OF PRODUCTS. Regards, Don Ricker *** Forwarding note from US047816-- ALLIN1 12/30/88 14:40 *** From: REINER,ERICA@A1@EISM To: US009762 USSPO1 MIKE T PIKE GE071524 6EVMC REESE DETLEF Subject: FC-129 Biodegradabi 1ity With this memo I am: 1) Requesting ICF` Division authorization to conduct OECD screening tests to clarify the biodegradability of f 1uorochemical surfactants FC-129 and FC-170c. The proposed tests will use high temperature-TOC, UV-TOC, and MBAS or BiAS analysis 2) Commenting on point 4. a) of the attached memo from Detlef Reese dated 27-Dec-198S. I don't think it is in 3M's long-term interest to perpetuate the myth that these fluorochemical surfactants are biodegradab!e. It is probable that this misconception will eventually be discovered, and when that happens, 3M will likely be embarrassed, and we and our customers may be fined and forced to immediately withdraw products from the market. If 3M wants to continue to sell and use f 1uorochemical surfactants as low level specialty components in cleaning products, I believe that 3M has to accurately describe the environmental properties of these chemicals and then lobby in each EEC nation for the adoption of regulations that exempt low level specialty uses. The already adopted German surfactant biodegradation regulation quite clearly does not exempt specialty uses of nanbiadegradable surfactants. M a d e A vailab le by 3M for Inspection and C opying as C onfidential Inform ation: S u b je c t to P ro te c tiv e O r d e r In P a lm e r v. 3 M , N o . C 2 - 0 4 - 6 3 0 9 3MA10035965 311 now find itself "trapped" in a situation where it can not lobDy the authorities for exemptions because the German authorities currently think that (at least samel f1uorochemical surfactants are biodegradable. If we don't correct this misconception and lobby for exemptions, other EEC nations are likely to develop regulations based on this restrictive German model. Background In 1984 3M German had an outside laboratory, Research Consulting Company AG (RCC), conduct OECD screening tests on two fluorochemical surfactants, FC-129 and FC-170C. I had previously requested authorization to conduct EEC approved tests on f 1uorochemical surfactants, but the Commercial Chemicals Division in St. Paul refused to support or approve such testing. The Division refused approval because the 3M position was, and I believe still is, that 3M fl uorochemical surfactants, such as FC-129 and FC-170C, fall outside the intended range of the EEC Directive on surfactant biodegradabilitv because they are used for "specialty" purposes not as "detergents," i.e., surfactants that emulsify and thus remove dirt in cleaning products. The Division felt that conducting these tests would imply that 3M agreed that EEC biodegradation restrictions applied to specialty fluorochemical surfactants and would weaken our arguments asking for their exemption from these restrict ions. A second reason for refusing to conduct these tests was that it was considered certain that the results would show the fl uorochemical surfactants are not biodegradable. The Division couldn't see a benefit of generating this negative data. The RCC study showed that FC-129 was 90 V . biodegraded, but they measured TOC using a Techriicon Autoanalyser II which uses a UV-persulfate digestion method that is inappropriate for f 1uorochemical s . Actually, any TOC analytical method is not in strict accordance with the German regulation which calls for MBAS or BiAS analysis, but the representative of an analytical lab in Germany told us that despite the regulation, some authorities prefer TOC analysis because they think (and in this case incorrectly) that TOC analysis is more likely to indicate complete degradation. Detlef Reese immediately provided me with the RCC results, but the Division did not approve of my proposed response. Detlef Reese thus submitted these results to the German authorities who accepted and believed them. In fact, the German authorities have published a document on surfactant biodegradability in which they state that some fl uorochemical surfactants are biodegradable and others are partially biodegradable. While the statement does not reference the 3M data, Detlef Reese believes it probably is based on the 3M data submission. Best regards, Eric Reiner cc: USO18376__ALL INI US053491 USSF`01 BACON, DALE L DON RICKER cc: US047B16-- ALLINI REINER, ERIC A Made Available by 3M for Inspection and Copying as Confidential Information: Subject to Protective Order In Palmer v. 3M, No. C2-04-6309 3M A 10035966