3M General Offices
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## - July 7, 2000 CharlesAuer (E403C) Director, Chemical Control Division Office of Pollution Prevention and Toxics Office of Prevention, Pesticides and Toxic Substances 

### US Environmental Protection Agency 401 M. Street, 

### SW Washington, DC 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 productsbased 

### on peffluorooctanyl chemistry. In that announcement, 3Mindicated that production ofthese materials would be substantially discontinued by the end of 2000 and that the company would work with its customersto implement an orderly phase-out. EPAhas asked 3Mto submit a detailed plan explaining how it intends to fulfill these commitments. This letter and attachmentsareprovided in response toEPA'srequest. As discussed with the Agency, 3M'sinitial plan focuses on products derived from perfluorooctanesulfonyl fluoride (POSF);these products constitute over 95 percent of 3M'stotal production ofperfluorooctanyl chemistries. Other products covered by 3M'sMay 16 announcement,including perfluorooctanoicacid (PFOA), will be separately discussed with EPA. We appreciated the opportunityto discuss our phase-out plan with EPA staff on June 20. The Agency's comments at the meeting and in subsequent conversationswere very helpfid and are reflected in this letter and attachments. We have also continued to refine our plan onthe basis of updated information. Because ofthese modifications, ourlatest submissionreflects 3M'scurrent ru 0 phase-out plan and therefore supersedes our letters of June 16 and 23

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### INTRODUCTIONAND 

### OVERVIEW zr \- During the past two years, 3M has communicated extensively with EPA about fluorochemical publicly and EPA is familiar with the considerations on which that decision was based. In (FC) issues. We informed EPA management of ourphase-out decision before it was announced summary, 3M is discontinuing manufacture ofperfluorooctanyl materials because of its commitmenttoresponsible environmental management and sound businessprinciples. 3M concluded that, in light 

### ofthe persistence of certain FCs and their detection at extremely low levels in the blood ofthe generalpopulation and wildlife, other business opportunities were more deserving ofthe company's energies and attention than perfluorooctanyl-basedchemistries. As 

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x 3M has repeatedly emphasized, all existing knowledge indicates that the presence ofthese chemistries in people and wildlife at the low levels detected does not pose a health or environmental risk. In deciding how to implement its phase-out decision, 3M has been guided by two objectives. First, we wish to fulfill our commitment to accomplish a substantial phase-out ofproduction as expeditiously aspracticable. Second, wewant to minimize marketplace disruption and provide for an orderly transition away from POSF-based productsby the business sectors that depend on perfluorooctanyl chemistries. Balancing these considerations is extremely challenging because our POSF-based products areused in a wide range of applications with impacts on numerous segments of the economy. We are still receiving and evaluating the information necessary tobalance 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 

### I, 3M's plan will result in a substantial reduction in production and import volumes after December 3 1, 2000. Limited further production, at significantly lower levels, will continue through the end of 2002. As shown in

### Attachment 2,production of POSF-derived materials will be reduced in 2001 to 12.3 percent ofthe projected 2000 baseline and would decline to 

### 4.5 percent ofthe baseline in 2002. 3M anticipates that manufacture and import of affected products will cease entirely at the end of 2002. Thereafter, 3M will continue 

### to distribute small volumes of certain 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 customers or other 3M businesses. These applications are identified in

### Attachments 3, 4 

### and5. [These attachments are 

### CBI.] They were selected on the basis of a carehl evaluation process within 3M. We understand from our discussions with the Agency that EPAbelieves that 3M's initial judgments are reasonable. However, weurge EPA to solicit public comment on extended phaseout 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. 

### As you know, 3M is developing substitutes for certain products that will require Premanufacture Notice (PMN) submissions before commercialization. We are pleased that EPA and 3M have 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 date 

### sothat they can switch to acceptable alternates with minimum delay. The remainder ofthis letter addresses five aspects of 3Msphase-out plan: 

# + Scope of the plan 

# + Details ofproduction scale-down 

# + Proposed extended phase-out applications 

## + Proposed substitutes for POSF-based products

2Page 3 July 7, 2000 

# + 3M stewardship actions during the phase-out period SCOPE 

### OF 3M’SPLAN

P 

### GlobalImpacts. 3M’sphase-out plan is global in scope. 

### In developing the plan, wehave applied a consistent frameworkto production and use activities within and outsidethe US. 3M recognizes that EPA does not have jurisdiction over manufacture and use ofPOSF-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 process of determining which manufacturing locations in the 

### US and Europe will be used for production during 200 1 and 2002. 

### It is possible that all production will be consolidated at a single facility in order to reduce costs and re-deploy manufacturing resources efficiently. We will keep EPA informed of our manufacturing plans as they evolve. 

### Status 

### ofFDARegulated 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 purposes of comparison, we have provided a breakout ofFDAregulated applications and associated production volumes. 3M will be informing FDA of our phase-out plans for products within that agency‘s jurisdiction. 

### Inclusion of 

### Additional 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- 10products represent relatively small volumes and are highlighted in the attachments tothis letter. DETAILS 

### OF PRODUCTION SCALE-DOWN 

### Baseline Inventory ofAffectedProducts. To establish a baseline for phase-out decisions, 3M inventoried all POSF-based products currently manufactured by the company. This inventory is presented in

### Attachment 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 percentage of fluorochemicals (FCs) present in the product. In addition, the

### Attachment 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 1999to estimate production volumes for the remainder ofthe year. These estimated volumes are presented for both the FC portion of the 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.

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### Year2000 

### OrderingProcess. 3M has asked customers to place final orders by October 1,2000. We are informing customers that final order amounts cannot exceed 50 percent oftheir purchase volumes during 1999. Our intention is to meet customer requirements with product manufactured during this calendar year. Depending onthe size ofthe orders wereceive, total production volumes for 2000 could exceed the forecasted levels reflected in

### Attachment 6. 

### Production of 

### Starting Materials andIntermediates. 3M has previously identified to EPAthe different raw materials and intermediates (including POSF itself) used in the manufacture of POSF-based products. 3M wasrequired to provide 1997production volumes for several ofthese chemicals under the 1998

### TSCA Inventory Update Rule (IUR). 

### Attachment 7provides these 

### IUR production figures, corrected to reflect a recent reanalysis of 1997production data. The 

### Attachment shows 1997

### U.S. production volumes for POSF of4,083,000 lbs. For year 2000, a 1.5%decrease is anticipated from that number, which would be 4,022,000 lbs. Because the 

### IUR submissions only include 

### U.S,production and importation, a hrther 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 8,100,000Ibs. Production of starting materials and intermediates for POSF-based products will necessarily decline very significantly in 200 1 and 2002 because ofthe substantial scale-down in production of the end-products themselves. However, the precise volumes ofPOSF 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. Oncethe mix ofthese products is finalized, 3M will be in a position to determine anticipated production levels for the corresponding raw materials. 3M will assemble this information ifEPA believes it is needed to to develop regulations applicable toPOSF-based chemistries. PROPOSED EXTENDED PHASE-OUT APPLICATIONS 

### Process forSelection. To identify product uses for which production would continue aRer the end of 2000, 3M screened its entire product line 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 hnction 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 use of the product specified by a federal or state agency 

### or would governmental activities (such as national defense) be affected ifthe product were no longer available? Products meeting one or more ofthese criteria were assigned tothe extended phase-out category and deemed suitable for production following December 31, 2000.

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### 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

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a criteria for extending production beyond 2000. Where more than one criterion applies, the product has been classified on the basis ofthe predominant rationale for extended phase-out. For each affected product, the

### Attachment also provides a detailed description ofthe technological complexities or other factors that preclude immediate availability of an acceptable substitute. 

### Attachment 4 complements this information by providing CAS numbers, chemical compositions and projected volumes for the extended phase-out products. Finally,

### Attachment 5 indicates the intended distribution of the extended phase-out products to different global markets. The three Attachments should be reviewed in conjunction with the more detaileduse profiles for POSF-based products provided in 3M’s May 26, 1999white paper entitled 

### Fluorochemical Use, Distribution andRelease Overview. EPA should also note that the CAS names that appear in 

### Attachment 4 are those that are specifically tied to 3M’sproposed extended phase-out products. Additional extended phase-out products that are identified subsequent to the date ofthis submission may require limited production of chemicals not shown in the CAS names column. 

### Attachments 1 and 

### 2 indicate the small volumes that 3Mwill 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 of the projected 2000 baseline on a global basis. In 2002, global production should decline to

### 4.5percent ofthe 2000 baseline, with no production currently anticipated in 2003. 

### Need for Further Input onSelection of 

### ExtendedPhase-out Products. 

### It is important to keep in mind that the judgments reflected in

### Attachment 3, 4 

### and 5 arepreliminary and werebased on information currently available to 3M regarding the applications in which POSF-based products are used. 3Mnecessarily has incomplete knowledge ofthe end-use products and processes of its customers and, therefore, cannot make definitivejudgments about the availability of substitute materials orthe precise impacts ofphasing 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 hllycaptured customer views on extended phase-out applications. To permit users ofPOSF-based products or other interested parties to address this subject, we would encourage EPA to solicit public comment at the earliest possible date. 

### Surfactant Properties of 

### POSF-BasedMaterials. As

### Attachment 3 illustrates, the great majority of the proposed extended phase-out products identified by 3M are in the industrial surfactant category, which represents roughly 

### 10percent ofprojected Y2000 production ofPOSF-based materials. Surfactants are crucial additives in many formulator applications used widely in transportation, construction, electronic, oil and other market segments. They provide value through two basic modes of operation. First is their ability to lower surface tension of liquids and/or solids. Second is their ability to emulsify and disperse a host of materials. These surfactant characteristics are typically achieved at very low concentrations within a formulation due to the surfactant’s ability tomigrate 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 ofperfluorinated compounds give them greater surface tension

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* 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 [CBT]. While

### Attachments 3 and 4 list extended phase-out applicationsknown to 3M at this time, we expect that more will be identified as 3M's customer base focuses onthe implications of our phase-out announcement. To address this possibility, weurge that any regulation developed by EPA allow additional extended phase-out uses during 2001-2002 if such uses are identified by 3M or its customers. 

### To place limits on suchuses, this regulation might include an annual cap ontotal production ofPOSF-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 3 1, 2000 if 3M or its customer files a notice with EPA confirming that theuse meets the criteria for extended phase-out. INTRODUCTION 

### OF SUBSTITUTES FOR POSF-BASED PRODUCTS At the current time, 3M is planning [CBI.] 3M STEWARDSHIP ACTIONS DURING THE PHASE-OUT PERIOD 

### Environmental Controls. Since 1997, manufacturing releases ofperfluorooctanyl chemistries at 3M'sDecatur facility have been reduced by 50 percent for wastewater discharges and 40 percent for air emissions. During the phase out ofPOSF-based products, 3M will continue to implement these emission reduction programs. These include sourcereduction and recycle, off-site disposal of designated 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 hazardous waste thermal treatment facilities. These practices will continue during production phase-out and additional waste streams continue to be included in this program. 3M will also 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 shownto be effective in the removal ofPOSF and POSF based compounds. 

### Continuation of

### Research Program As previously discussed with EPA, 3M is committed to continuing its ongoing research program onthe 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 ofkey studies.

6x Page 7 July 7, 2000 We look forward to continuing dialogue with EPA on ourphase-out plan. We expectto be refining the informationin the attachmentsbased on hrther feedback from our own organization and customers and will submit updated attachments to EPA as appropriate. “b

We appreciate EPA’scooperation onthis matter.

x

William A. Weppner, Ph.D. Director Environmental, Health, Safety and Regulatory Affairs Specialty MaterialsMarkets Group 3M Center, Bldg. 236-1B-10 St. Paul, MN 55144 a..

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# POSF-Containing Chemistry Production Phase-Out

3000 2500 

# 2000 1500 1000



# 500 

# 0 % 

### of 2000 

### Baselint

88 88 0 13U 13U 0% 4th Qtr 1stQtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr

2000 2001 2001 2001 2001 2002 2002 2002 2002 2003 I I

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## Summary ofthe Phase-Out Plan for the production ofPOSFContaining Chemistry 

## Attachment 2 This summary presents total estimated productionfor 2000, which is useful as a baseline for comparing production levels in subsequentplan years. The summary also presents projected production levels for 2001 and 2002. Extendedtransition period uses requiring production in 2001 and 2002 are included on Attachment 3. Total 3M POSF Containinp Chemistry manufactured Y2000 Baseline Y2000' POSF containing chemistry-poundsproduced globally: Y2000 POSF containing chemistry-pounds produced in US: 9,895,500 6,490,000 Other Informationfor Baseline comparison 1999 POSF containing chemistry-pounds imported into the

# Us: Y2000 POSF containing chemistry-poundsused for FDA applications are 3,532,000 239,900

Y2001 Y2001 POSF containing chemistry-poundsto be produced globally: 1,215,300or 12.3% of2000 base-line. See categories below for US production numbers. Y200 1 POSF containing chemistry-poundsused for FDA applications will be 300,000.

____ Y2002 Y2002 POSF containing chemistry-poundsto be produced globally: 447,900 or 4.5% of 2000 base-line. See categories below for US production numbers. Y2002 POSF containing chemistry-pounds used for FDA applications will be zero.

SORTED BY CATEGORY Paper & PackagingCategory Global Y2000 POSF containing chemistry-pounds produced: Y200 1 POSF containing chemistry-poundsto be produced: US Onlv Y2000 POSF containing chemistry-poundsproduced: Y200 1 POSF containing chemistry-poundsto be produced: 3,297,200 zero 2,670,700 zero

Estimationbased on Y2000 forecasts from customers before phase-out plan announcement. This estimate includes total solid pounds of fluorochemical containing compound and has not been broken Importsare not includedin 2000 productiontotals. 3M is presenting 1999 import figures because I 2 down to the POSF molecule. projections for 2000 are not available. 3



# - Page 1 of2L Textile, Leather, and Carpet Treatment Catepory This category includesApparel &Leather,Afrermarket (sold aspart of commercial warrantypackages), Carpet, Fabric & Upholstey,and Commercial Care (consumerand professional)Fabric Protectors. Global Y2000 POSF containing chemistry-poundsproduced: Y2001 POSF containing chemistry-poundsto be produced: 4,762,900 zero US Only Y2000 POSF containing chemistry-poundsproduced: Y2001 POSF containing chemistry-poundsto be produced: 2,356,700 zero Industrial Surfactants, Additives and Coatinw Catepory This category includes the Externalsales of Coatings, Electroplating & Etching Surfactants, Household Additives, Insecticides, Intermediates,andMining & Oil and Internal 3MApplications Global Y2000 POSF containing chemistry-pounds produced: Y200I POSF containing chemistry-poundsto be produced: Y2002 POSF containing chemistry-poundsto be produced: US Only Y2000 POSF containing chemistry-poundsproduced: Y2001 POSF containing chemistry-poundsto be produced: Y2002 POSF containing chemistry-poundsto be produced: 1,501,800 881,700 432,600
1,259,000

808,400 428,400 Fire Fiphtinp Foams Category Global Y2000 POSF containing chemistry-pounds produced: Y2001 POSF containing chemistry-poundsto be produced: Y2002 POSF containing chemistry-poundsto be produced: 333,600 333,600

15,300 US Onlv Y2000 POSF containing chemistry-pounds produced: 203,500 Y2001 POSF containing chemist&-pounds io be produced: Y2002 POSF containing chemistry-poundsto be produced: 203,500 15,300



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# /DAttachment 7

2991-5 1-7

4151-50-2

31506-32-8

1691 -99-2

24448-09-7

423-82-5

25268-77-3



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salt 12,180 I-Octanesulfonamide, N-ethyl-I,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro- 31,081 I-Octanesulfonamide, 1,I ,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-methyl- 48,300 I-Octanesulfonamide, N-ethyl-l,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-(2-hydroxyethy1)- 2,149,000 I-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-(2-hydroxyethyl)-N-methyl- 1,861,000 2-Propenoic acid, 2- [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester 7,678 2-Propenoic acid, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester 777,765 

### POSF and Core Reactant Product Volumes

376-14-7

14650-24-9 CAS Name I-Octanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoroI-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro2-Propenoic acid, 2-methyl-, 2- [ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester 53,507 2-Propenoic acid, 2-methyl-, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethylester 36,327 1yy7us Production as Reported in 1998 IUR Submission (Ibs) 3.492.001

423-50-7 1997 US Production based on May 2000 rework (Ibs) 4.083.00(

1 -Hexanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro- 501,634 I I I 

### IGlycine, N-ethyl-N-[( heptadecafluorooctyl)sulfonyl]-, potassium 

## I

307-51-7 1 -Decanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,1 O-heneicosafluoro- 24,171

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