[!  ̄ BASF

The Chemical Company

By E-mail to T. Krasnic and US First Class Mail

Krasni¢.toni~E~a.~ov

October 31, 20t3

DOES NOT CONTAIN CONFIDENTIAL BUSINESS INFORMATION

Gina McCarthy, Administrator

USEPA Headquarters

William Jefferson Clinton Building

1200 PermsyIvania Avenue, N. W.

Mail Code 4101M

Washington, DC 20460

RE: US EPA 2010/15 PFOA Stewardship Program

BASF Corporation’s CY 2012 Progress Report

Docket ID Number EPA-HQ-OPPT-2006-0621

Dear Administrator McCarthy:

On behalfofBASF Cmporation (BASF), I am pleased to notify you and the Agency that BASF has

satisfied the terms of the PFOA Stewardship Program ("Stewardship Program") commitment made in

2006 by one of our predecessor companies, Ciba Corporation ("Ciba," ffk]a Ciba Specialty Chemicals

Corporation).l

Background

Ciba Col’potation: As described in its response to former US EPA Administrator Stephen L. Johnson’s

January 25, 2006 PFOA Stewardship Program challenge letter to potential industry participants, Ciba

voluntarily agreed "to [work] toward the elimination of PFOA (C8) and its potential precursors [and

related higher homologues] fi’om Ciba Specialty Chemicals facilities, processes and products by no later

than 2015.’a

Several years prior to its acquisition by BASF during 2010, Ciba divested its fire-fighting foam business

(i.e., fluorosurfaetants and foam stabilizers) as well as its textile f’mishing business, leaving only its C8

Telomer-derived paper additives and dispersion additives subject to the Stewardship Program. Ciba did

not manufacture or introduce into commerce any products derived from "higher homologue ehemieals"

(C9 or higher).

~ Prior to BASF’s 2010 acquisition of Ciba Specially Chemicals Corporation, BASF did not panlcipale in the US EPA 2010f15

PFOA Stewardship Program. BASF does nol o~herwise manufacture products subject to the Stewardship Program.

copy of Ciba’s February 28, 2006 commitment letter to former US EPA Administra|or Johnson is atlached.
Prior to the titne of BASF’s acquisition, Ciba had ceased US manufacturing of C8 Telolner-derived paper

additives and manufaetared those products exclusively in Em~ope. Ciba never manufactured C8 Telomerderived dispersion additives in the US.

BASF Col’potationS:

Since its 2010 acquisition, BASF has continued to honor Ciba’s commitment to the Stewardship Program

notwithstandiug that Ciba was the only partleipaut who was neither a Fluoropolymer or Telolner

manufacturer but rather a Telomer customer of one of the other seven Stewardship Program participants.

The majority of Ciba’s Telomer-derived products, by quantity, wel~e sold exclusively into FDA regnlated

food packaging applications.

paper Additives: These products \vote manufactured in Europe and sold to paper companies exclusively

for use in the manufacture of food packaging materials (e.g., grease-proofing agents). These products

were imported and sold in tile US subject to couditions set forth in certain FDA Food Contact

Notifications (FCNs).

During the integration of Ciba into BASF, BASF SE, the corporate parent to BASF, closed the European

manufacturing unit that manufactured the paper additives, at which time global production of that product

line ceased. BASF eon~anitted to the US Food and Drug Administa’ation that it would cease introduction of

these products into interstate commeree (or delivery for introduction into interstate commerce) as of

October 1, 2011.4

Dispersion Additives: C8 Telomer-derived dispersion additives were manufactured in Europe, imported

and sold to industrial customers for use in formulating ink, painl and similar products (e.g., as ,,vetting

agents, leveling agents).

BASF met with the Agency in September 2011 and informed it that all BASF Em~pean manufacture of

C8 Telomer based products would cease during the first quarter of 2012. We have confirmed with our

European affiliates that all BASF European prodaetion of C8 Telomer-based dispersion products ended

on schedule. Any BASF imports of Ca-based dispersion products ceased prior to January 27, 2012.

~ BASF Co~oration, beadquariered in Flodlam Park, New Jersey, is tile Norlh American affiliate of BASF SE, Ludwigsha fen,

Germany. BASF has more than 16,600 employees in North America, and had sales of $18,5 billion in 2012.

BASF is lbe world’s leadfug chemical company: The Chemical Company. Its portfolio ranges from ehemlcals, plastics,

performance products and crop proteetlon products to oil and gas. We combine economic success with environmental protection

and social r~sponsibillty. Through science and innovation, wn enable our euslomers in nearly every fudusuy to meet the current

and fulure needs of society. Our products and solutions contribute Io conserving resources, ensuring nutrition and improving

quality of life. We have summed up tu[s conldbuti0n iu our eorpomle purpose: We create chemistry for a sustainable future.

BASF had sales of ~72.1 billion in 2012 and more than 110,000 employees as of the end of the year. Further in fonnalion on

BASF is available on tl~e futernet at v~vw.bas f.com.

See BASF’s November 28, 2011 letter to Dr. Mitchell Cheeseman. US FDA Office offend Additive Safety, available at:

http:llwww.fda.govldownloadslFoad!lngredientsPaekagin~gL~b~liaglUCM308479.pdf. For more information, see h~p:~w~’~fda’~v~F~d~gredien~sPacka~in~Lab~ng~Paeka~i~FCS~Noti~cati~ns~em3~8‘162"htm .

2
Conclusion:

BASF is pleased to announce that it has fully implemented all actions neeessat3’ to achieve the voluata~y

2015 Stewardship Program obligations it assumed from Ciba Corporation. BASF has ceased all global

production of former Ciba products subject to the Stewardship Program and has exited all former Ciba

product lines subject to the Stexvardship Progt~ma,

At BASF, we take our product stewardship comlnitments quite seriously and are prond of having

achieved this objective. Should you have any questions, please feel free to contact me.

Sincerely,

Derek A, Fairclough

Senior Vice President

Dispersions and Pigments North America

Phone: 704 587 7900, E-Mail: derek.lairclou.qh~,basf.corn

Postal Address: t 1501 Steele Creek Road. Charlotte, NC 28273, USA

Attachment: Ciba Specialty Chemical Corporation’s February 28, 2006 commitment letter to former

US EPA Administrator Stephen L. Johnson

Mr. Toni Krasnie (by email and US First Class Mail)

USEPA Headquarters

William Jefferson Clinton Building

1200 Pennsylvania Avenoe, N. W.

Mail Cede: 7405M

Washington, DC 20460

OPPT Document Control Office (DCO) (by US First Class Mail)

Attention: Docket ID Number EPA-HQ-OPPT-2006-0621

1201 Constitutiou Avenue NW

EPA East Building, Room 6428

Washington, DC 20004
Ciba Spedalty Chemic~Is Carporafion

Colin C. Mackay

President NAFTA Region

Attacbment

Ciba

February 28, 2006

By Overni.qht Mail

The HonorableStephen L. Johnson

Administrator

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW (1101A)

Washington, DC 20460

Dear Administrator Johnson:

This letter is in response to your request for industry participation in the 2010/15

PFOA stewardship program, a voluntary emissions reduction initiative for

perfluorooctanoic acid (PFOA). Ciba Specialty Chemicals commits to fully participate

in the program.

As a Responsible Care® Company, Ciba is dedicated to the responsible and ethical

management of the health, safety and environmental aspects of our products

throughout their life cycles. While we do not manufacture PFOA or use it in anyof

our manufacturing processes, some of our products are made with fluorotelomers

that may contain trace level quantities of PFOA as an impurity. Although these levels

are extremely low, Ciba has already taken proactive steps to improve our processes

and reduce these trace levels of PFOA even further. We feel that our proactive

measures have already brought us close to the reduction goals outlined in the

2010/15 PFOA stewardship program.

Ciba Specialty Chemicals’ Commitment

Ciba Specialty Chemicals is committed to eliminate where possible or severely

restrict environmental emissions of PFOA and its potential precursors from Ciba

Specialty Chemicals facilities, processes and products so that any residuals are

reduced to the maximum reasonable extent possible. Elements of the program will

include:

Recognizing that we only have trace levels of PFOA in our products, by 2010

we will reduce PFOA emissions from our products by 95% compared with the

baseline year 2002. This incorporates a reduction of more than 90% that has

already been achieved via the implementation of a new end of pipe

technology;
-2-

Notwithstanding the fact that we do not manufacture or use PFOA at any of

our manufacturing sites, we will agree to establish emission caps at all of our

manufacturing sites globally to minimize absolute mass emissions of these

raw matedal impurities;

We will continue to investigate the environmental fate of our products;

As an innovative company we will continue research into alternative

technologies;

We commit to working toward the elimination of PFOA and its potential

precursors from Ciba Specialty Chemicals facilities, processes and products

 ̄ byno later than 2015;

We will provide our baseline numbers for emissions and product content by

October 3t, 2006 and will submit annual reports on our progress in October

of each subsequent year.

At Ciba Specialty Chemicals, we take our product stewardship obligations very

seriously. This includes the environment, worker health and safety and the safety of

customers and end-users of our products. We welcome the opportunity to work with

the I~nvironmental Protection Agency to achieve the goals of the 2010/15 PFOA

stewardship program.

Sincerely,

Colin C. Mackay

President

Ciba Specialty Chemicals, NAFTA Region

Copy by Overnight Mai!~ to:

Chades M. Auer

Director

U.S, EPA Office of Pollution Prevention and Toxics

1200 Pennsylvania Avenue, NW (7401 M)

Washington, DC 20460