Document dYLMpYJwe13KDd5RwEgaK562e

- 1/4 . : . 331 General Offices 3StMPCaelnteMrN SS144-1000 S17 0 ;5 ws AR226- 0600 2 T7 wR 7 2 7 / 3M ; Jaly 7, 2000 Charles Auer (E403C) - Director, Chemical Control Division Office of Pollution Prevention and Toxics OUfSfiEcnevoifroPnrmeevnetnatlioPnr,otPeescttiicoindeAsgeanndcyToxic Substances 401 M. Street, SW - Washington, DC Ebeeco000 3% 2 CS on EA 3> 2 a z3 v 7 Re: Phase-out Plan for POSF-Based Products Dear Mr. Auer. As you know, on May 16, 2000 3M announced that it will be phasing out manufacture of products based on perfluorooctanyl chemistry. In that announcement, 3M indicated that productionofthese materials would be substantially discontinued by the endof 2000 and that the company would work with its customers to implement an orderly phase-out = EPA has asked 3M to submit a detailed plan explaining how it intends to fulfil these commitments. This letter and attachments are provided in response to EPA's request. As discussed with the Agency, 3M's initial plan focuses on products derived from perfluorooctanesulfonyl fluoride (POSF): these products constitute over 95 percent of3M's total productionofperfluorooctanyl chemistries. Other products covered by 3M's May 16 * announcement, including perfluorooctanoic acid (PFOA), will be separately discussed with EPA. `We appreciated the opportunity to discuss our phase-out plan with EPAstaff on June 20. The Agency's comments at the meeting and in subsequent conversations were very helpful and are reflected in this letter and attachments. We have also continued to refine our plan on the basis of py - updated information. Because of these modifications, phase-out plan and therefore supersedes our lettersof oJuunrela1t6estansdub2m3ission reflects 3M's current 2 mm INTRODUCTION AND OVERVIEW =5= 333883 - During the past two years, 3M has communicated extensively with EPA about fluorochemical ~~ = (FC) issues. We informed EPA management of our phase-out decision before it was announced ~~ = psuubmlmiaclryy,an3dMEPisAdiisscfoanmtiilniuairnwgitmhantuhfeaccotnusriedeorfapteirofnlsuoonrowochtiacnhylthmaattdereicailssiobnewcaaussebaosefd.its In 2 commitment to responsible environmental management and sound business principles. 3M - concluded that, in light ofthe persistenceofcertain FCs and their detection at extremely low levels in the bloodofthe general population and wildlife, other business opportunities were more deservingof the company's energies and attention than perfluorooctanyl-based chemistries. As Compa. 3 Page 2 July 7, 2000 3M has repeatedly emphasized, all existing knowledge indicates that the presence of these chemistries in people and wildlife at the low levels detected does not pose a health or environmental isk. In deciding how to implement ts phase-out decision, 3M has been guided by two objectives, Feixrpsetd,itwieouswliyshastporafucltfiiclalboleu.r cSoemcmointdm,ewnet wtaonatcctoommpilniismhiazesumbasrtaknettipallapcheadsies-rouupttoifonparnoddupcrtoivoindaes - for an orderly transition away from POSF-based products by the business sectors that depend on perfluorooctanyl chemistries. Balancing these considerations is extremely challenging because our POSF-based products are used in a wide rangeofapplications with impacts on numerous segmentsof the economy. - We are still receiving and evaluating the information necessary to balance these complex considerations. However, this letter and attachments provide our best current understanding of how we will implement our phase-out plan for POSF-based products. As illustrated in Attachment 1, 3M's plan will result in a substantial reduction in production and import volumes `after December 31, 2000. Limited further production, at significantly lower levels, will continue - btehrroeudguhctehde ienn2d0o0f1 2t0o021.23Aspesrhcoewntnoifn tAhtetaprcohjmeecntted2,20pr0o0dbuacsteiloinneofaPndOSwFo-udledridveecdlimnaetteor4i.al5swill percentofthe baseline in 2002. 3M anticipates that manufacture and import ofaffected products will cease entirely at the end of 2002. Thereafter, 3M will continue to distribute small volumes ofcertain previously manufactured products to specific customers. After the end of the year, 3M manufacturing capacity will be committed entirely to certain proposed "extended phase-out" applications for POSF-based products by our customersorother 3M businesses. These applications are identified in Attachments 3, 4and5. [These attachments are CBL] They were selected on the basisof a careful evaluation process within 3M. We understand from our discussions with the Agency that EPA believes that 3M's initial - judgments are reasonable. However, we urge EPA to solicit public comment on extended phase- out applications for POSF-based chemistries when it proposes regulations applicable to these: chemistries later this summer so that 3M customers and other interested parties can provide input to EPA. - NAostiycoeu(kPnMoNw,) 3suMbmiissdseivoenlsopbienfgorseubcsotmimteurtceisalfoirzacteirotna.in pWreoduacrtespltheaatsewdillthraetqEuiPrAe Parnedm3anMufhaacvteure begun a dialogue on these substitute chemistries. This ongoing dialogue, which we hope will continue during the PMN review process, will help 3M provide informed guidance to our customers on substitution options at the earliest possible dateso that they can switch to - acceptable alternates with minimum delay. `The remainderofthis letter addresses five aspects of 3M's phase-out plan: + Scope of the plan - + Detailsofproduction scale-down + Proposed extended phase-out applications + Proposed substitutes for POSF-based products - 2 Page 3 July 7, 2000 + 3M stewardship actions during the phase-out period SCOPE OF 3M'S PLAN Global Impacts. 3M's phase-out plan is global in scope. In developing the plan, we have applied a consistent framework to production and use activities within and outside the US. 3M recognizes that EPA does not have jurisdiction over manufacture and use of POSF-based - products outside the US, but we want the Agency to be informed about our phase-out actions on a worldwide basis. Attachment 2 provides projected Year 2000 production volumes for POSF-based products for the US and entire world. 3M management is in the processofdetermining which manufacturing - locations in the US and Europe will be used for production during 2001 and 2002. It s possible that all production will be consolidated at a single facility in order t0 reduce costs and re-deploy manufacturing resources efficiently. We will keep EPA informedof our manufacturing plans as they evolve. 2 Statusof FDA Regulated Products. The 3M phase-out plan includes products used in food packaging, medical devices and other applications regulated by the Food and Drug Administration (FDA). For purposesof comparison, we have provided a breakout of FDA- regulated applications and associated production volumes. 3M will be informing FDAofour phase-out plans for products within that agency's jurisdiction. InclusionofAdditional Chemistries. Following our initial announcement, 3M has decided to discontinue manufacture of products based on C-6 and C-10 homologs of POSF. We made this decision because, in management's judgment, the rationale for our phase-out decision applied to these products as well as to our C-8 sulfonated materials. The C-6 and C-10 products represent ~ relatively small volumes and are highlighted in the attachments to this letter DETAILS OF PRODUCTION SCALE-DOWN Baseline InventoryofAffected Products. To establish a baseline for phase-out decisions, 3M inventoried all POSF-based products currently manufactured by the company. This inventory is - presented in Atachment 6. [Attachment 6 is CBI]The Attachment groups these products by use category and then lists individual products in each category by 3M product code, CAS Number, chemical name and the percentageoffluorochemicals (FCs) present in the product. In addition, theAtiachment provides projected Year 2000 production totals for each individual product and use category. Since six months remain in Year 2000, 3M used updated business forecasts prepared at the end of 1999 to estimate production volumes for the remainderof the year. These estimated volumes are presented for both the FC portionofthe product and the entire product formulation (FC plus other components). The FC poundages represent total solids (including reactants combined with - the FC starting material) and do not represent the POSF molecule itself. - 3 Page 4 July 7, 2000 Year 2000 Ordering Process. 3M has asked customers to place final orders by October 1, 2000, _ `We are informing customers that final order amounts cannot exceed SO percent of their purchase volumes during 1999. Our intention is to meet customer requirements with product manufactured during this calendar year. Depending on the size of the orders we receive, total production volumes for 2000 could exceed the forecasted levels reflected in Attachment 6. ProductionofStarting Materials and Intermediates. 3M has previously identified to EPA the, - different raw materials and intermediates (including POSF itself) used in the manufacture of POSF-based products. 3M was required to provide 1997 production volumes for severalof these chemicals under the 1998 TSCA Inventory Update Rule (IUR). Attachment 7 provides these TUR production figures, corrected to reflecta recent reanalysis of 1997 production data. The Attachment shows 1997 U.S. production volumes for PO of4S ,083,F000 Ibs. For year 2000, a - 1.5% decrease is anticipated from that number, which would be 4,022,000 Ibs. Because the [UR submissions only include U.S. production and importation, a further adjustment is needed to reflect POSF production at 3M's Antwerp facility. After accounting for Antwerp operations, we estimate that total worldwide POSF production in 2000 will be 8,100,000 Ibs. . Productionof starting materials and intermediates for POSF-based products will necessarily decline very significantly in 2001 and 2002 becauseofthe substantial scale-down in production of the end-products themselves. However, the precise volumes of POSF and its derivatives produced during these years will depend on the chemical compositions and quantities of the extended phase-out products which 3M continues to manufacture. Once the mixofthese - products is finalized, 3M will be in a position to determine anticipated production levels for the corresponding raw materials. 3M will assemble this information if EPA believes it is needed to 10 develop regulations applicable to POSF-based chemistries. PROPOSED EXTENDED PHASE-OUT APPLICATIONS : Processfor Selection. To identify product uses for which production would continue after the endof 2000, 3M screened its entire product ine using three criteria: 1. Does the end-use product provide environmental, health or safety benefits to `which the fluorochemical component makes a substantial contribution? - 2. Does the end-use product perform a unique or important function which is lost `without the fluorochemical component and is there either no technically acceptable substitute available for the fluorochemical or is additional time needed to qualify or prove out such a substitute? 3. Is useofthe product specified by a federal or state agency or would - `governmental activities (such as national defense) be affectedif the product were no longer available? Products meeting one or moreof these criteria were assigned to the extended phase-out category and deemed suitable for production following December 31, 2000. Attachment 3 provides background on extended phase-out products identified during 3M's screening process. The Attachment sorts these products into three categories based on 3M's . 4 Pages July 7, 2000 criteria for extending production beyond 2000. Where more than one criterion applies, the eparcohduacftfehcatsedbepernodculcats,sitfhieedAtotnatchhemebanstisaolfsothpreovpirdeedsomaidneatnatilreadtdioensaclreipftoironeoxftetnhdeedtepchhansoel-ooguitc.alFor complexities or other factors that preclude immediate availabilityofan acceptable substitute Attachment 4 complements this information by providing CAS numbers, chemical compositions and projected volumes for the extended phase-out products. Finally, Attachmen5t indicates the intended distributionofthe extended phase-out products to different global markets. The three Attachments should be reviewed in conjunction with the more detailed use profiles for POSF-based products provided in 3M's May 26, 1999 white paper entitled Fluorochemical Use, Distribution and Release Overview. EPA should also note that the CAS names that appear in Attachment 4 are those that are specifically tied to 3M's proposed extended phase-out products. - `Additional extended phase-out products that are identified subsequent to the date of this submission may require limited productionof chemicals not shown in the CAS names column Attachments I and 2 indicate the small volumes that 3M will produce for extended phase-out `applications during 2001 and 2002 in the aggregate and by product category. Anticipated - production volumes in 2001 should be 12.3 percent ofthe projected 2000 baseline on a global basis. In 2002, global production should decline to 4.5 percentofthe 2000 baseline, with no production currently anticipated in 2003. Needfor Further Input on SelectionofExtended Phase-out Products. 1t is important to keep - in mind that the judgments reflected in Attachment 3, + an5d are preliminary and were based on information currently available to 3M regarding the applications in which POSF-based products are used. 3M necessarily has incomplete knowledgeof the end-use products and processes ofits customers and, therefore, cannot make definitive judgments about the availability of substitute `materials or the precise impacts of phasing out specific products. We also made the decision not . to consult extensively with our customer base until we had reviewed our phase-out plan with EPA. For this reason, our screening process has not fully captured customer views on extended phase-out applications. To permit users of POSF-based products or other interested parties to address this subject, we would encourage EPA to solicit public comment at the earliest possible date. - Surfactant PropertiesofPOSF-Based Materials. As Attachment 3 illustrates, the great majority `of the proposed extended phase-out products identified by 3M are in the industrial surfactant c`maatteegrioarlys,. whSuircfhacrteapnrtesseanrtescrruocuigahllaydd1i0tipveersceinntomfanpyrofjoercmteudlaYt2or00ap0plpircoadtuicotnisounosefdPwOiSdFe-lybaisned transportation, construction, electronic, oil and other market segments. They provide value - through two basic modesof operation. First is their ability to lower surface tensionofliquids and/or solids. Second is their ability to emulsify and disperse a hostofmaterials. These surfactant characteristics are typically achieved at very low concentrations within a formulation due to the surfactant' ability to migrate to interfaces and surfaces. - The scientific literature documents that the lowest surface tensions attainable are derived from the use of fluorosurfactants (perfluoro-containing surfactants). This is because the unique physicochemical characteristics of perfluorinated compounds give them greater surface tension - 5 Page 6 July 7, 2000 reduction capability than other surfactants, such as silicone or hydrocarbon oils. Accordingly, _ while fluorosurfactants may not be essential in some applications, they are irreplaceable in many others. For these applications, 3M is proposing to continue production through 2002 while 3M works [CBI]. `While Attachments 3 and 4 list extended phase-out applications known to 3M at this time, we. expect that more will be identified as 3M' customer base focuses on the implications of our - phase-out announcement. To address this possibility, we urge that any regulation developed by EPA allow additional extended phase-out uses during 2001-2002 ifsuch uses are identified by 3M orits customers. To place limits on such uses, this regulation might include an annual cap on total production of POSF-based products during 2001 and 2002. Assuming that production does not exceed this cap, 3M could market these products for additional uses first identified after - December 31, 2000 f 3M or its customer files a notice with EPA confirming that the use meets. the criteria for extended phase-out INTRODUCTION OF SUBSTITUTES FOR POSF-BASED PRODUCTS - Atthe current time, 3M is planning [CBL] 3M STEWARDSHIP ACTIONS DURING THE PHASE-OUT PERIOD Environmental Controls. Since 1997, manufacturing releases of perfluorooctanyl chemistries at - 3M's Decatur facility have been reduced by 50 percent for wastewater discharges and 40 percent for air emissions. During the phase outof POSF-based products, 3M will continue to implement these emission reduction programs. These include source reduction and recycle, off-site disposal ofdesignated waste streams, and end-of-pipe treatment. Drying systems have been installed and are operating at all 3M manufacturing facilities to recover and reuse POSF. Designated wastewater streams are being collected and transported off-site for disposal at permitted - `phhaazsaer-doouuts awnadstaeddtihteiromnaall wtarseattemesnttrefaamcislictoienst.inTuheetsoebperaicntcilcuedsewdililn cthoinstiprnougeradmu.rin3g Mprowidlulctailosno be utilizing carbon adsorption systems to recover POSF from more dilute wastewater streams Systems have been installed and are operating in both Antwerp, Belgium and Decatur, Alabama Carbon adsorption has been shown to be effective in the removal of POSF and POSF based - compounds. ContinuationofResearch Program. As previously discussed with EPA, 3M is committed to continuing its ongoing research program on the environmental fate and distribution, ecotoxicity and human health effects. We plan to share new data when it becomes available and to continue - our scientific dialogue with EPA on the interpretation of key studies. . 6 Page 7 July 7, 2000 We look forward to continuing dialogue with EPA on our phase-out plan. We expect to be ~ refining the information in the attachments based on further feedback from our own organization and customers and will submit updated attachments to EPA as appropriate. We appreciate EPA's cooperation on this matter. Best regards, CH= Vers ass William A. Weppner, Ph.D. = Director Environmental, Health, Safety and Regulatory Affairs Specialty Materials Markets Group 3M Center, Bldg. 236-1B-10 St. Paul, MN 55144 R , POSF-Containing Chemistry Production Phase-OQut 2 3000 20007Ba sn [2000 -- I . 1500 | 2 1000 oe |0 2p"l - g 0 os 32 AWOweE IwQere Qdou QdeU AeBlQr wINeQE a2eQ WwOnE a4heQE wIsstQ | Summary of the Phase-Out Plan for the production of POSF- Containing Chemistry Attachment 2 - "pTrhoidsuscutmioinmalreyveplsreisnenstusbstoetqauleensttipmlaanteydeaprrso.dTuchteisonumfmoa2r0y00,1wshipcrhesiesnutssepfurlojaesca tbeadsperloidnucetfioorn cvomeplarifonrg 2001 and 2002. Extended transition period use requiring production in 2001 and 2002 ae included on `Auachmen3 To2t0a0l03BMasPelOiSneE Containing Chemistry manufactured . '2Y0200000" PPOOSSFFccoonnttaaiinniinnggcchheemmiissitrryyp-opuounnddsspprroodduucceeddinglUoSb:ally: 96,485905,050000 `I 'O1Yt92h9e09n r00POPf SOFSo Fcocnotr natifanioim nrniBgnacga shceelhmiet inmseitsi cyto-ymp-poo pauornuidn nssdosnimupsoerdtefdoriFntDotAh apUplSi:cations are233,95.392,00000 YYa2n0o0!1 POSF containing chemisiy-pounds to be produced globally: 1215300 or 12.3%of2000 base-line. S'Ye2e0c0a1tePgOorSiFescbonetlaoiwnifnogr cUhSempirosdtuyc-tpioounnndusmbuesresd.for FDA applications will be 300,000. Y20a0u2 POSF containing chemisty-pounds to be produced globally: See categories below for US production numbers. 447.900 o 4.5%of 2000 base-line. 2002 POSF containing chemisiy-pounds used for FDA applications willbe zero. `SORTED BY CATEGORY "PGalopbearl & Packaging Catego: - Y22000010 PPOOSSFF ccoonnttaaiinniinngg cchheemmiisstiyy--ppoouunnddss ptorobdeucperdo:duced: 3e2r9o7200 u'sY20o00mPyOSF containing chemistry-pounds produced: 'Y2001 POSF containing chemisty-pounds fo be produced: e2r6o7.700 - ! Estimation based on Y2000 forecasts from customers before phase-out plan announcement. *doThwins oestthiemaPteOSinFclmuodleesctuoltea.l solid poundsof fluorochemical containing compound and has not been broken *prIomjpeocrttisonasrfeonro2t0i0n0claurdendotina2va0i0l0abpler.oduction totals. 3M is presenting 1999 import figures because Page | of 2 - TTCheaixrstpicela,et,eFgaLobrreiyactihn&celrUup,dhoelssateAnrpyd,paCraelarn&pdeLCteoamTmhreeerractAifamelernCmaatrrekCeacsto(ensguoonraeyslrpaadnrdtofcommpreofresiconialalFawbarrircaPnryotpeacctkorasges, G2l0o0ba0lPOSF containing chemisiry-pounds produced: Y2001 POSF containing chmpounidsfsbepi roduy ced: 4r7o62000 - uYs20o00nyPOSF containing chemisty-pounds produced 2.356.700 Y2001 POSF containing chemisty-pounds fo be produced: nro AITdhndidistuicsvatetsre,igaoInrlsyeSciutnirccfliuaddecest,satnIhntetsEe,rxmteeAdridnadatliests,ilavesnesdofMaCinonaditnigCnog&as,tOi1EnllgeacsntdnrCopatltateeigngonr&3yMaEtclhingAppSluicraftiaocnstants, Household GYYl22o00b00a10lPPOOSSFF ccoonnttaaiinniinngg cchheemmiissttyy--ppoouunnddss tporobdeucperdo:duced: 1.858011.870000 2002 POSF containing chemisiy-pounds fo be produced: 2600 . 'YS20O0n0lPyOSF containing chemisty-pounds produced: 129,000 Y22000021 PPOOSSFF ccoonnttaaiinniinngg cchheemmiissttyy--ppoouunnddss tfoobbee pprroodduucceedd:: 320884,40000 - FGilroebaFlighting Foams Catego YY22000010 PPOOSSFF ccoonnttaaiinniinngg cchheemmiissityy--ppoouunnddss pforobdeucperodd:uced: 333333.660000 2002 POSF containing chemisty-pounds t be produced: 15300 u'sY20o00uPyOSF containing chemistry-pounds produced: 203500 - ''YY22000012 PPOOSSFF ccoonnttaaiinniinngg cchheemimsitsy-tproyuttn-oodbbpeseoppruroodnduucdceedsd:: 20135,350000 Page20r2 70 tachmen7t [Jose and Core Reactant Product Volumes TT] P[Rreopdorutcetdiinoasn [1[9Pr9o7duucstion s19u9b8mi1sUsRion [[b2a0s0e0droewnorMkay - -Octanssuten onde 11224353S648 TT0E bs) os) 307.357 |neptadecatvoro- aaszo00] somo r Oeanesaonamide, 1122334 A5r 61 885 [rset |neptacecatuore: - Cr iyi WahheptadecamuarooesuTanFy petassr laootst7 san r at51-502|neptOaacreceastuaoarne-aSs Ney 2233r 8 A558 TEE at.o81 . erTOeaneRenamiGe, 1122AA35636 TT 808 1505.32.8 _|neptadecatiuore-metny- er omanesaoramde, NehyT 122333 15568T7865 101.002 |neptaducatvorot(z nyeroxyeiy 2.149.000 Cr r Gaanesaonamde, 12233 445568178r 85 - F [24448087 r |neptadecatioro nz yarosyethyNometny 1.861.000 rr 23625 P|retoypinaepntead8ec0aati2u.orooctysutenyjaminclatyl ester ee [ZPrapeneie 80d 2 . 2268.77:3_|(neptadecativorooetysutonymethyiaminclothy ester 77.709 e 76.147 F|ejPtrnyelpienneapitaaceccaatZivoroeoctyis2uttonyaminelor tny ester sasor er e FePrapenale aca, mer 2 r 1460.26:9_|[(heptasecatvoroocy)sulfonymethyaminejetny Cr ester 0 [423507 [1 Hoxanesulony fluoride, 1.122 534.45 ee 566 ndecauore- |___soiesa]| rr pors17 |1D'1a2n2e33s4.T4o8r5y6o6.r7,e788.910.10,10 hensicosatiore- 20174 - ormorr2000 Paget