VIA OVERNIGHT MAIL 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 Significant New Use Rule 

Docket EPA-HQ-OPPT-2013-0225 

Dear OPPTS Document Control Officer: 

This responds to EPA's request for further information regarding my client's 

manufacture (as TSCA defines that te1m) and processing of substances that would be subject to 

the proposed LCPFAC and PFOA Significant New Use Rule (the "SNUR"), received on 

Febmary 11, 2016 from Mr. Tyler Lloyd, EPA Environmental Protection Specialist. 

As set forth in my film's June 24, 2015 comments on the proposed SNUR, my firm 

represents a materials supplier to the semiconductor industry. In response to EPA's follow up 

request for information, my client undertook a further review of the substances it manufactures 

and processes. My client has determined that one substance, which it has been manufacturing 

and processing for years, would meet the definition of a substance covered by the proposed 

SNUR. My firm's June 24, 2015 comments identified this substance. 

The company's manufacture and processing of this substance was ongoing as of the date 

the proposed SNUR was published, was continuing through December 31, 2015, and is 

continuing now. The company's years-long and continuing manufacture and processing of this 

substance cannot be deemed a "new" use under TSCA. 

The first attachment to this letter, which contains confidential information and is not 

included in the sanitized version of this submission, sets forth the name of the substance and its 

application. Also attached to this letter is a Safety Data Sheet received from the company's 

supplier demonstrating my client's continued manufacture and processing of the substance. 

50 California St. I Suite 1500 I San Francisco CA 94111 I T: 415-463-S186 I F: 415-358-4467 

ann.grimaldi@grimaldilawoffices.com I www.grimaldilawoffices.com 
Pagel2 

To my client's knowledge, the only substance that it manufactures and processes, which 

would be affected by the proposed SNUR, is the substance identified in this submission's CBI 

attachment. However, the genedc identification of"perfluorooctanoic acid (PFOA) and its salts" 

in proposed Section 72 l .10536(b )(3), the related Table 2, and other chemical identification 

references, provide insufficient infmmation for entities to understand what other chemicals 

would be encompassed by the Proposed SNUR. EPA must define the universe of covered 

chemicals and at least identify each specific PFOA salt that would be subject to the regulation. 

In the absence of such specificity, my client is unable to dete1mine at this time whether other 

substances which it has been manufacturing and processing would be affected by the proposed 

SNUR. Accordingly, we reserve the light to supplement these comments if new infmmation 

comes to light. 

We also raise a concern about CBI protection. It is our understanding that EPA intends 

to develop substance-specific exemptions in a final SNUR, within industry use categmies. We 

seek confomation that the specific chemical identified in this submission will not be publicly 

disclosed in a final SNUR, either in connection with the company name or with the specific 

application/use of the substance. 

Finally, we are concerned that EPA has engaged in a very limited indust1y outreach as 

part of this current information gathe1ing. Not all suppliers to the semiconductor industry 

submitted comments, relying instead on comments submitted by SEMI and the Semiconductor 

Industry Association ("SIA"). Yet EPA appears to be contacting only those individual 

companies which submitted comments, as pait of the agency's current information gathering. 

Failure to understand the full universe of existing use of these LCPFAC and PFOA 

substances could result in EPA's inability to carve out an appropriate exemption to the SNUR, to 

the severe detriment of the U.S. semiconductor industry. Given the circumstances, we believe 

that an appropriate and necessary step would be for EPA to publish a formal notice in the Federal 

Register requesting the infmmation it is now seeking, thereby ensming that it will receive 

complete infmmation about current manufacture and processing of these substances. At a 

minimum, we urge the agency to reach out to SEMI and SIA, and work with those associations 

for a more robust and complete information gathedng process. 

Thank you again for this opportunity to submit these comments. 

Attachment 

Sincerely, 

Grimaldi Law Offices 

By: 

Ann G. Grimaldi 

50 California St. I Suite 1500 I San Francisco CA 94111 IT: 415-463-5186 I F: 415-358-4467 

ann.grimaldi@grimaldilawoffices.com I www.grimaldilawoffices.com 
PRODUCT NAME: 

SAFETY DATA SHEET 

1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION 

Product Identifier: 

General Use: 

Product Description: 

PAGE: I of7 

DA TE PREPARED: March4, 2016 

DISTRIBUTOR: EMERGENCY TELEPHONE NUMBERS: 

24Hrs Every day 

2. HAZARDS IDENTIFICATION 

GHS Classification 

Hazard Group Hazard class Category 

Explosives Not Classified 

Flmmnable gases Not Classified 

Fla1mnable aerosols Not Classified 

Oxidizing gasses Not Classified 

Gases under pressure Not Classified 

w Flammable liquids Not Classified 'O Flammable solids Not Classified t<l 

~ Self-reactive substances and mixtures Not Classified 

::r:: Pyrophoric liquids Not Classified -;;; 

-~ Pyrophoric solids Not Classified 

E Self-heating substances and mixtures Not Classified 

"" Substances and mixtures which, in contact Not Classified 

with water, emit flannnable gases 

Oxidizing liquids Not Classified 

Oxidizing solids Not Classified 

Organic oeroxides Not Classified 

Corrosive to metals Not Classified 

Oral Catego1y4 

Acute Dermal Not Classified 

Inhalation (Gasses) Not Classified toxicity Inhalation (Vanors) Not Classified 

Inhalation (Dusts and Mists) Not Classified 

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 Not Classified 

toxicity-Single exposure 

Target Organs NA 

Specific target organ systemic Categmy I 

toxicity-Repeated exposure 

Target Organs Liver and endocrine system 

SANITIZED SANITIZED 
PAGE: 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 if swallowed. 

Causes skin hritation. 

Causes serious eye iiritation. 

Suspected of causing cancer. 

Not Classified 

Not Classified 

Not Classified 

Causes damage to the liver and endocrine system through prolonged or repeated 

exposure. 

Precautionaty Statements: 

SANITIZED 

Prevention: 

Wash hands thoroughly after handling. 

Do not eat, drink or smoke when using this product. 

Wear protective gloves, protective clothing, eye protection and face protection. 

Obtain special instrnctions before use. 

Do not handle until all safety precautions have been read and understood. 

Do not breathe dust, fumes, gas, mist, vapors or spray. 

Response: 

If swallowed: Immediately call a poison center or doctor. 

Rinse mouth. 

If on skin: Wash with plenty of water. 

Specific treatment (see section 4 on this SDS). 

If skin irritation occurs: Get medical advice/attention. 

Take off contaminated clothing and wash it before reuse. 

If in eyes: Rinse cautiously with water for several 1ninutes. Re1nove contact lenses, 

if present and easy to do. Continue dnsing. 

If eye irritation persists: Get medical advice/attention. 

If exposed or concerned: Get medical advice/attention. 

Get medical advice/attention if you feel unwell. 

Storage: 

Store locked up. 

Disposal: 

Dispose of contents/containers in accordance with local and federal regulations. 

2 SANITIZED 
PRODUCT 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 of composition of some ingredients 

have been witltl1eld as a trade secret. 

4. FIRST AID MEASURES 

INHALATION: 

May cause initation to nose and tin-oat. Remove exposed person to fresh air: perfonn 

artificial respiration if necessaiy. 

EYE CONTACT: 

May cause initation. Immediately flush eyes with plenty of water at least 15 min. Call 

a physician. 

SKIN CONTACT: 

May cause mild iITitation. Immediately wash skin with soap and plenty of water. 

INGESTION: 

May be hannfol if swallowed. Contact a poison center and have SDS infonuation 

available. 

NOTE TO PHYSICIAN: 

Treat1nent tnay vary \Vith condition of victin1 and specifics of incident. 

5, FIRE-FIGHTING MEASURES 

GENERAL HAZARD: 

Non-flannnable liquid. May cause irritation. 

EXTINGUISHING MEDIA: 

Not applicable. 

SPECIAL FIRE 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 

of absorbent and other waste in an appropriate chemical waste container. Wear proper 

personal protective equipment. Wash thoroughly after handling. 

7. HANDLING AND STORAGE 

PRECAUTIONS: 

SAl\JlilZE D 

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 SANITIZfJl 
PAGE:4of7 

DATE PREPARED: 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/PERSONAL PROTECTION 

ENGINEERING CONTROLS: 

The use of local exhaust ventilation is recormnended to control emissions near the source. 

Laborat01y samples should be handled in a fumehood. Provide mechanical ventilation 

of confined spaces. Use explosion-proof ventilation equipment. 

PERSONAL PROTECTION 

RESPIRATORY PROTECTION: 

Disturbance of the dried residue can generate potentially hazardous airborne 

particles. Use NIOSH P 100 and Acid Gas Cartridge Respirator under conditions 

of frequent use or heavy exposure of dried material. (See section 4). In the 

normal liquid state a respirator is unlikely to be necessary. 

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 I 910.1200) 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 

Vapor Pressure: NA hPa at Evaporation rate: No applicable 

NA oc infonnation available 

SANITIZED 4 SANITIZED 
PAGE: 5 of7 

DATE PREPARED: March4, 2016 

PRODUCT NAME: 

Relative Density: 1.15 Flammability: Not Classified 

Solubility: Soluble in water Vapor Density: No applicable 

information available 

Boiling Point: 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. STABILITY AND REACTIVITY 

POSSIBILITY OF HAZARDOUS REACTIONS: 

May react with strong acid, strong basic substance and electrolyte solution. 

CHEMICAL STABILITY: 

This material is stable under recommended storage and handling conditions. 

CONDITIONS TO A VOID: 

Avoid heat, sunlight and ignition sources. 

INCOMPATIBLE MATERIALS: 

Strong acid, strong basic substance and electrolyte solution. 

HAZARDOUS DECOMPOSITION PRODUCTS: 

Combustion will produce toxic vapors and gases. 

11. TOXICOLOGICAL INFORMATION 

Oral LD50 Rat 

Dermal 

Inhalation 

(Dust and Mist) 

LD50 Rabbit 

LC50 Rat 

Water: 

ACUTE TOXICITY 

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 

For potential routes of exposure, symptoms related to the toxicological characteristics, delayed 

and immediate effects and chronic effects fi'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 of Transportation (DOT) and other 

regulatmy agency requirements. 

U. S. DOT PROPER SHIPPING NAME: 

IATA PROPER SHIPPING NAME: 

IDENTIFICATION NUMBER: 

15. REGULATORY INFORMATION 

us 

Not regulated 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 of this 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 of this product were listed in 40 CPR 372. The list should be periodically checked 

for applicable updates. 

TOXIC SUBSTANCES CONTROL ACT (TSCA): All of the 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 of receipt of this Safety Data Sheet shall be considered 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 SANITIZED 
PRODUCT NAME: 

REVISION SUMMARY 

Aptil l, 2005 

July 15, 2009 

February 19, 2014 

March4, 2016 

PAGE: 7of7 

DATE PREPARED: March4, 2016 

Odginal SDS established. 

Revision 1 established. 

Revision 2 GHS SDS established. 

Revision 3 established. 

To the best of our knowledge, the info1mation contained herein is accurate. However, neither 

assumes any liability whatsoever for the accuracy or 

completeness of the information contained herein. Final detennination of suitability of any 

material is the sole responsibility of the 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 only hazards, which exist. 

SANITIZED 7 SANITIZED