VIA OVERNIGHTMAIL AND ELECTRONIC MAIL (SANITIZED VERSION ONLY, TO LLOYD.TYLER@EPA.GOV) 

### OPPTS Document Control Officer 

# GRIMALDI
LAW OFFICES



### Attention: Docket ID Number EPA-HQ-OPPT-2013-0225 1200 Pennsylvania Avenue, NW (TS-7407) Washington, DC 20460**:~!~"('"r** ..·t\'[:·ro. 

### ''" ..-r __ f '/**~LJ** 

## OPPT CG/C 

## 2016HM\/li 

# Mi6:o3
CBIC Control Number 

# 368530-S

SANITIZED

Re: Proposed LCPFAC and PFOA SignificantNew Use Rule Docket EPA-HQ-OPPT-2013-0225

Dear OPPTS Document Control Officer: This responds to EPA's request for further informationregarding myclient's manufacture (as TSCA defines that te1m) andprocessing ofsubstances thatwould be subject to theproposed LCPFAC and PFOA Significant New Use Rule (the "SNUR"), received on Febmary 11, 2016 from Mr. TylerLloyd, EPAEnvironmental Protection Specialist. As set forth in my film's June 24, 2015 comments on the proposed SNUR, myfirm represents a materials supplier to the semiconductor industry. In

### response to EPA's follow up request for information, my client undertook a further review ofthe substances it manufactures and processes. Myclient has determined that one substance, which it has beenmanufacturing and processing for years, would meetthe definition ofa substance covered bythe proposed SNUR. Myfirm's June 24, 2015 comments identified this substance. The company's manufacture and processing ofthis substance was ongoing as ofthe date theproposed SNUR was published, was continuing through December 31, 2015, and is continuing now. The company's years-long and continuing manufacture andprocessing ofthis substance cannot bedeemed a "new" use under TSCA. The first attachmentto this letter, which contains confidential information and is not included inthe sanitized version ofthis submission, sets forth the name ofthe substance and its application. Also attached to this letter is a SafetyData Sheet received from the company's supplier demonstrating myclient's continued manufacture and processing ofthe substance.

50 California St. 

## I Suite 1500 

## I San Francisco CA 94111 

## IT: 415-463-S186 

## I F: 415-358-4467 ann.grimaldi@grimaldilawoffices.com 

## Iwww.grimaldilawoffices.comPagel2


### To myclient's knowledge, the only substance that it manufactures andprocesses, which would be affected bythe proposed SNUR, is the substance identified in this submission's CBI attachment. However, the genedc identification of"perfluorooctanoic acid (PFOA) and its salts" inproposed Section 72l .10536(b)(3), the related Table 2, and other chemical identification references, provide insufficient infmmation for entities to understand what other chemicals wouldbe encompassed bythe Proposed SNUR. EPAmust define the universe ofcovered chemicals and at least identify

### each specific PFOA salt that would be subject to the regulation. In the absence ofsuch specificity, myclient is unable to dete1mine atthis time whether other substances which it has been manufacturing andprocessing would be affected bythe proposed SNUR. Accordingly, we reserve the light to supplement these comments ifnew infmmation comes to light. We also raise a concern about CBI protection. It

### is ourunderstanding that EPA intends to develop substance-specific exemptions in a final SNUR, within industry use categmies. We seek confomationthat the specific chemical identified 

### inthis submission will not be publicly disclosed in a final SNUR, either inconnectionwiththe companyname or with the specific application/use ofthe substance. Finally, we are concerned that EPAhas engaged in a very limited indust1y outreach as part ofthis current information gathe1ing. Not all suppliers to the semiconductor industry submitted comments, relying instead on comments submittedby SEMI and the Semiconductor Industry Association ("SIA"). Yet EPA appears to be contacting onlythose individual companies which submitted comments, as pait ofthe agency's current information gathering. Failure to understand the full universe ofexisting use ofthese LCPFAC and PFOA substances could result in EPA's inability to carve out an appropriate exemption to the SNUR, to the severe detriment oftheU.S. semiconductor industry. Given the circumstances, we believe that an appropriate and necessary step wouldbe for EPA to publish a formal notice in the Federal Registerrequesting the infmmationit is now seeking, thereby ensmingthat it will receive complete infmmation about current manufacture and processing ofthese substances. At a minimum, we urge the agency to reach out to SEMI and SIA, and workwith those associations for a more robust and complete information gathedngprocess. Thank you again for this opportunity to submit these comments.

Attachment Sincerely, Grimaldi Law Offices By:
Ann G. Grimaldi

50 California St. 

## ISuite 1500 

## I San Francisco CA 94111 

## IT: 415-463-5186 

## I F: 415-358-4467 ann.grimaldi@grimaldilawoffices.com 

## Iwww.grimaldilawoffices.comPRODUCT NAME: 

## SAFETYDATA SHEET 1. CHEMICALPRODUCT AND COMPANYIDENTIFICATION Product Identifier: General Use: Product Description: PAGE: I of7 DATEPREPARED: March4, 2016

DISTRIBUTOR: EMERGENCY TELEPHONENUMBERS:

24Hrs Every day 2. HAZARDS IDENTIFICATION GHS Classification Hazard Group Hazard class Category Explosives NotClassified Flmmnable gases NotClassified Fla1mnable aerosols NotClassified Oxidizing gasses NotClassified Gases under pressure NotClassified

w Flammable liquids NotClassified 'O Flammable solids NotClassified t<l**~** Self-reactive substances and mixtures Not Classified 

### ::r:: Pyrophoric liquids NotClassified 

### -;;;**-~** Pyrophoric solids Not Classified 

## E Self-heating substances and mixtures NotClassified 

# "" Substances and mixtures which, in contact NotClassified with water, emit flannnable gases Oxidizing liquids NotClassified Oxidizing solids NotClassified Organic oeroxides NotClassified Corrosive to metals NotClassified Oral Catego1y4 Acute Dermal NotClassified Inhalation (Gasses) NotClassified toxicity Inhalation (Vanors) Not Classified Inhalation (Dusts andMists) NotClassified 

### Skin corrosion/itTitation Category2 

# ] Serious eye damage/eye iITitation Category2**~** Resnfratorv or skin sensitization Not Classified 

### ::r:: Germ cell Mutagenicity Not Classified 

### ,s -;;; Carcinogenicity Categorv2 

# " Reproductive toxicity Not Classified 

### ::r:: Specific target organ systemic NotClassified toxicity-Single exposure Target Organs NA Specific target organ systemic Categmy I toxicity-Repeated exposure Target Organs Liver and endocrine system 

## SANITIZED SANITIZEDPAGE: 2of7 DATE PREPARED: March 4, 2016 PRODUCT NAME: Aspiration hazard Hazardous to Acute aquatic toxicity the aqnatic Chronic aquatic toxicity environment GHS label elements Hazards bols:

Exclamation mark Health Hazard

Signal word: Danger 

### Hazard state1nent: Harmful ifswallowed. 

### Causes skin hritation. Causes serious eye iiritation. Suspected ofcausing cancer. NotClassified NotClassified NotClassified

Causes damage to the liver and endocrine system through prolonged or repeated exposure. Precautionaty Statements:



## SANITIZEDPrevention: Washhands thoroughly after handling. Donot eat, drink or smoke when using this product. Wear protective gloves, protective clothing, eye protection and face protection. Obtain special instrnctions before use. Do nothandle until all safetyprecautions have beenread and understood. Do notbreathe dust, fumes, gas, mist, vapors or spray. Response: Ifswallowed: Immediatelycall a poison center ordoctor. Rinse mouth. Ifon skin: Wash withplenty ofwater. Specific treatment (see section 4 on this SDS). Ifskinirritation occurs: Getmedical advice/attention. Take offcontaminated clothing and wash itbeforereuse. Ifin eyes: Rinse cautiously with water for several 1ninutes. Re1nove contact lenses, ifpresent and easy to do. Continue dnsing. Ifeyeirritationpersists: Get medical advice/attention. Ifexposed or concerned: Get medical advice/attention. Getmedical advice/attention ifyou feel unwell. Storage: Store locked up. Disposal: Dispose ofcontents/containers in accordance with local and federal regulations.

2 

## SANITIZEDPRODUCT NA1v!E: PAGE: 3 of7 DATE PREPARED: March4. 2016

NFPARATING (Scale0-4): HEALTH= I; FIRE =0; REACTNITY =O 3. COMPOSITION I INFORMATION ON INGREDIENTS Component % CASNo. 7732-18-5 *Note- The specific chemical identity and exact percentage ofcomposition ofsome ingredients have been witltl1eld as a trade secret. 4. FIRSTAID MEASURES INHALATION: May cause initation to nose and tin-oat. Remove exposed person to fresh air: perfonn artificial respiration ifnecessaiy. EYE CONTACT: May cause initation. Immediately flush eyes with plenty ofwater at least 15 min. Call 

### aphysician. SKIN CONTACT: May cause mild iITitation. Immediately wash skin with soap and plenty ofwater. INGESTION: May be hannfol if swallowed. Contact a poison center and have SDS infonuation available. NOTE TO PHYSICIAN: 

### Treat1nent tnay vary \Vith condition ofvictin1 and specifics ofincident. 5, FIRE-FIGHTING MEASURES GENERAL HAZARD: Non-flannnable liquid. May cause irritation. EXTINGUISHING MEDIA: Not applicable. SPECIALFIRE FIGHTING PROCEDURES: Water should be used to keep fire exposed**containe1~** cool and to dispense vapors. Firefighters should wear self-contained breathing apparatus. FIRE AND EXPLOSION HAZARDS: Not applicable. 6. ACCIDENTAL RELEASE MEASURES LARGE SPILL/SMALL SPILL: Dike or absorb with inert absorbent material before allowing to d1y and transfer to D.O.T. container for disposal. Strictly. avoid draining into any Public water system. Dispose ofabsorbent and other waste in an appropriate chemical waste container. Wear proper personal protective equipment. Wash thoroughly after handling. 7. HANDLINGAND STORAGE PRECAUTIONS:



# SAl\JlilZED Handle with care. When using this substance: (a) avoid touching the substance: (b) avoid ingestion. Wear chemical goggles, resistant gloves and protective clothing to prevent contact. Wash thoroughly after handling.



### 3 

## SANITIZfJlPAGE:4of7 DATEPREPARED: March4, 2016 PRODUCT NAME:

RECOMMENDED STORAGE TEMPERATURE: Maintain the storage temperature between 2 to 30°C (35.6 to 86°F). This storage temperature is intended for health and safety purposes only and is valid within the shelf life 

### + 3 month period. For technical applications, see the product specifications and label. STORAGE PRESSURE: Atmospheric INCOMPATIBILITIES: Strong acid, strong basic substance and electrolyte solution. 8. EXPOSURE CONTROLS/PERSONALPROTECTION ENGINEERING CONTROLS: The use oflocal exhaust ventilation is recormnended to control emissions near the source. Laborat01y samples should be handled in a fumehood. Provide mechanical ventilation ofconfined spaces. Use explosion-proofventilation equipment. PERSONAL PROTECTION RESPIRATORY PROTECTION: Disturbance of the dried residue can generate potentially hazardous airborne particles. Use NIOSH P100 and Acid Gas Cartridge Respirator under conditions of frequent use or heavy exposure of dried material. (See section 4). In the normal liquid state arespirator is unlikelyto benecessary. SKIN PROTECTION: Wear impermeable gloves and clothing during activities where there is potential for direct skin contact with chemical. EYE PROTECTION: Wear primary eye protection such as splash resistant safety goggles with a secondary protection faceshield. Provide an emergency eye wash station and quick drench shower in the immediate work area. EXPOSURE GIBDELINE (S): OSHA HAZARDS (29 CPR I910.1200) Exposure Limits 8 hrs. TWA (ppm) COMPONENT OSHA PEL ACGIHTLV Not established 

### O.oI mg/m (skin)
9. PHYSICAL AND CHEMICAL PROPERTIES Properties Value Properties Value Appearance: Clear and colorless Autoignition NA 

### oc liquid Temperature: NA 

### op Odor: No applicable pH: 6-8 infonnation available Odor threshold: No applicable Melting/Freezing NA 

### oc information available Point: NA 

### op VaporPressure: NA hPa at 

### Evaporation rate: No applicable NA 

### oc infonnation available



## SANITIZED 4 

## SANITIZEDPAGE: 5 of7 DATEPREPARED: March4, 2016 PRODUCTNAME:
Relative Density: 1.15 Flammability: Not Classified Solubility: Soluble inwater VaporDensity: No applicable information available BoilingPoint: 100 

### oc Deco1nposition NA 

### oc 212 

### op Temperature: NA 

### op Flashpoint and NA °C(est.) Partition No applicable Method: NA °F (est.) coefficient: infonnation available Flammable NA %LEL Viscosity: No applicable Limits: NA %UFL infonnation available
10. STABILITYAND REACTIVITY POSSIBILITY OFHAZARDOUS REACTIONS: Mayreactwith strong acid, strong basic substance and electrolyte solution. CHEMICAL STABILITY: This material is stable underrecommended storage and handling conditions. CONDITIONS TOAVOID: Avoid heat, sunlight and ignition sources. INCOMPATIBLEMATERIALS: Strong acid, strong basic substance and electrolyte solution. HAZARDOUS DECOMPOSITIONPRODUCTS: Combustion will produce toxic vapors and gases. 11. TOXICOLOGICAL INFORMATION

Oral LD50 Rat Dermal Inhalation (Dust and Mist) LD50 Rabbit LC50 Rat Water: ACUTETOXICITY Oral LD50 CARCINOGENICITY: NTP:No !ARC MONOGRAPHS: No OSHA Regulated: No Rat 430 mg/kg 4,300 mg/kg 980 mg/m3 (4h)

90,000 mg/kg

ACGIH: A3

- Confirmed animal carcinogen with unknown relevance to humans Forpotential routes of exposure, symptoms related to the toxicological characteristics, delayed and immediate effects and chronic effectsfi'om short and long-term exposure see Section 4 on this SDS. 

### 12. ECOLOGICAL INFORMATION

5 

## SANITIZED

### PRODUCT NAME:



# --

13. DISPOSAL CONSIDERATION 

### PAGE: 6of7 DATE PREPARED: March4, 2016

Eco toxicity: Fish: LC50 96hr 634 mg/L (Lepomis macrochims) Crustacean: EC50 48hr 584 mg/L (Daphnia magna) Algae: EC50 72 or 96hr 1980 mg/L (Algae)

The user of this product must properly characterize the waste generated from the use of this product in accordance with all applicable federal, state and/or local laws and regulations in order to detennine the proper disposal of the waste in accordance with all applicable federal, state and/or local laws and regulations. 14. TRANSPORT INFORMATION 

### TRANSPORTATION AND HAZARDOUS MATERIALS DESCRIPTION: Package and transport in accordance with Department ofTransportation (DOT) and other regulatmy agency requirements. U. S. DOT PROPER SHIPPINGNAME: IATA PROPER SHIPPINGNAME: IDENTIFICATIONNUMBER: 15. REGULATORY INFORMATION 

## us Notregulated as a hazardous material. Not regulated as a hazardous material.de) None

OSHA HAZARD COMMUNICATION STANDARD, 29 CPR 1910.1200: Ensure that the hazards associated with this product are transmitted to employees by means of a hazard communications program, in accordance with federal and state Occupational Safety and Health Administration (OSHA) regulations. CERCLA/SUPERFUND HAZARD CATEGORY: At the time ofthis document's preparation, none of the ingredients of this product were listed in 40 CPR 302.4. The list should be periodically checked for applicable updates. SARA 313 INFORMATION: At the time of this document's preparation, none of the ingredients ofthis product were listed in40 CPR 372. The list should be periodically checked for applicable updates. TOXIC SUBSTANCES CONTROL ACT (TSCA): All ofthe compounds in this product are on the TSCA Inventory and/or are subject to a Low Volume Exemption. In accordance with federal regulations, this material shall be used only to industrially manufacture integrated circuits. In particular, this material shall not be distributed to any person, other than for disposal. All users must utilize the worker protection measures and environ1nental release 

### controls specified in this Safety Data Sheet and in EPA and OSHA regulations. Acknowledgment ofreceipt ofthis Safety Data Sheet shall beconsidered acknowledgement that the user will comply with these requirements. CALIFORNIA PROPOSITION 65: At the time of this document's preparation, none of the ingredients of this product were included on the California Proposition 65 list of chemicals known to cause cancer or reproductive toxicity. The list should be periodically checked for applicable updates. 16. OTHER INFORMATION


## SANITIZED 6 

## SANITIZEDPRODUCT NAME:

REVISION SUMMARY Aptil l, 2005 July 15, 2009 February 19, 2014 March4, 2016 PAGE: 7of7 DATEPREPARED: March4, 2016

Odginal SDS established. Revision 1 established. Revision 2 GHS SDS established. Revision 3 established. To the best ofour knowledge, the info1mation contained herein is accurate. However, neither assumes any liabilitywhatsoever for the accuracy or completeness of the information contained herein. Final detennination of suitability of any material is the sole responsibility ofthe user. All materials may present unknown hazards and should be used with caution. Although certain hazards are described herein, we cannot guarantee that these are the onlyhazards, which exist.



## SANITIZED 7 

## SANITIZED