# [!  ̄ 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 .

2Conclusion:

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 20004Ciba 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