Michael A. Nash 3M Legal Affairs P.O. Box 33428 

Associate General Counsel, Office of General Counsel St. Paul, MN 55133-3428 USA 

U.S. Business Operations Phone: (651) 733.-0134 

Fax: (651)732-7002 

Email: manash@mmm.com 

3M January 28, 20 II 

The Honorable Lisa P. Jackson, Administrator 

U.S. Environmental Protection Agency
 Ariel Rios Building
 

1200 Pennsylvania Avenue, W
 

Mail Code: 1l0lA
 

Washington, D.C. 20460
 

Re:	 Request for Administrative Reconsideration of Subpal1 I of the Mandatory Reporting of 

Oreenhouse Gases Rule: Additional Sources of Fluorinated OHOs 

Dear Administrator Jackson: 

3M Company ("3M'') hereby requests that the U.S. Environmental Protection Agency 

("EPA" or the "Agency") reconsider the reporting requirements for fluorinated greenhouse gases 

("OHO") used as heat transfer fluids under Subpart I of the Mandatory Reporting of Greenhouse 

Gases; Additional Sources of Fluorinated GHGs; Final Rule, published at 75 Fed. Reg. 74774 

(Dec. I. 2010). Pursuant to § 307(d)(7)(B) of the Clean Air Act ("CAA"), 42 U.s.c. § 

7607(d)(7)(B), where it is impracticable to raise an objection during the period of public 

comment or if the grounds for such an objection arise after the public comment period (but 

within the time specified for judicial review), and if such objections are of central relevance to 

the outcome of the rule, EPA is authorized 10 reconsider a rule. 

3M is a global, diversified manufacturing company headquartered in St. Paul, Minnesota, 

manufacturing over 55,000 different products with operations in more than 60 countries. Those 

producls arc manufactured by more than 35 business units, organized in 10 six major marketsConsumcr and Office; Display and Graphics; Electro and Communications; Health Care; 

Industrial and Transportation; and Safety Security and Protection Services. We have 4S 

technology platforms including adhesives, abrasives. light managcment, microreplication, 

nonwoven materials, and surface modification. 

3M is requesting reconsideration of the reporting rcquirements for fluorinated GHGs 

used as heat transfer fluids under Subpart I. As discusscd more fully below, as currently wTitten 
The Honorable Lisa P. Jackson, Administrator 

January 28, 2011 

Page 2 

Under Subpart I, § 98.92 requires the reporting of"tluorinated OHGs (as defined in § 

98.6) and N20.,,1 75 Fed. Reg. at 74819. This includes "[f]luorinated GHGs emitted from heat 

transfer fluid use." Id. By tying the reponing requirements for heat transfer fluids to the 

definition of a fluorinated GHG under § 98.6 in Subpart A, the scope of Subpart I's reporting 

requirements are limited to those heat transfer fluids that have vapor pressures of> 1 mmHg at 25 

degrees C. Although 3M understands the reasons behind the vapor pressure threshold in the 

general definition of a fluorinated GHG, this same rationale should not apply to heat transfer 

fluids. Heat transfer fluids are used at elevated temperatures and pressures, and as a result the 

vapor pressure of these materials at I mm Hg absolute at 25 degrees C is not predictive of 

emissions. Heat transfer fluids are used through a broad range of boiling points and are routinely 

lost from systems primarily through mechanical leaks but also from evaporative loss. Once 

emitted from a system, the fate of heat transfer fluids is primarily the atmosphere. 

As it is currently written, Subpart I will have several consequences that are of central 

relevance to the outcome of the rule. First, the rule will result in dramatic under reporting of heat 

transfer tluid use and emissions. Of panicular concern is that, although all the heat transfer 

fluids that have relatively low global warming potentials will be required to be reported as 

GHGs, a substantial percentage of heat transfer fluids that have global warming potentials in the 

range of 10,000 times that of CO2 will be exempt from reporting requirements. Therefore, the 

rule will likely lead to a migration toward use of exempt compounds and an increase in GHG 

emissions from the sector. 

3M believes that this problem can be corrected by granting this request for 

reconsideration and amending Subpart I to specify that, for reporting requirements under Subpart 

I, the vapor pressure cutolfin the general definition of fluorinated GHG does not apply to heat 

transfer fluids covered by this Subpart. 

Thank you for your consideration of these concerns. Please do not hesitate to contact me 

if you have any questions. 

Sincerely,