1. Toxic Substances Control Act TSCA Current Events Heighten Awareness for Semiconductor Industry SESHA Hill Country Chapter December 5, 2002

2. The PFAS Story

3. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.3 The PFAS Story Proposed SNUR – 18 October 2002 (Significant New Use Rule = Restriction) – Prohibit the manufacture/import and all uses of PFAS – PFAS = P er F luoro A lkyl S ulfonates: C n (PFOS = PerFluoroOctylSulfonates: C 8 )

4. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.4 PFAS Structure

5. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.5 The PFAS Story Acknowledgement by SCI – SC Association Meeting routine discussion of TSCA issues – Low Volume Exemptions refused by EPA – Private discussions with suppliers

6. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.6 The PFAS Story PFAS discoveries – Seriously impact future of semiconductor manufacture – Offer unique advantages in the photolithography process – No known alternatives

7. Got TSCA?

8. Introduction to TSCA

9. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.9 Introduction to TSCA Purpose Protect human health and the environment from the manufacture and use of hazardous chemicals where other regulations fall short

10. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.10 Introduction to TSCA Authority – Approve new chemicals – Review & Manage existing chemicals – Gather & Apply chemical hazard info. – Enforce regulations

11. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.11 Introduction to TSCA New vs. Existing Chemicals – New chemicals are those that are not listed on the TSCA Chemical Inventory – Existing chemicals are those that are listed on the TSCA Chemical Inventory

12. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.12 Introduction to TSCA New Chemical Regulations Pre-manufacture approval Submission of data –Chemical Identity –Production & Use –Human exposure –Environmental releases Agency Actions –Approval –Approval with Restriction –Ban

13. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.13 Introduction to TSCA New Chemical Regulations Exemption from listing Research & Development Test Marketing Commercial Exemptions –Low Volume –Low Release & Exposure –Polymer –Export Only NOT LISTED

14. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.14 Chemical Review Information Gathering Toxicity Testing Exportation Importation Usage Introduction to TSCA Existing Chemical Regulations

15. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.15 Chemical Review – Interagency Testing Committee (ITC) Toxicity Testing – TSCA mechanisms Information gathering mechanisms Introduction to TSCA Existing Chemical Regulations

16. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.16 Information Gathering – Collect chemical hazards and commercial activity information: Assessment Information Rules Health & Safety Studies Allegations of Adverse Reaction Substantial Risk Inventory Update Introduction to TSCA Existing Chemical Regulations

17. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.17 Information Gathering – Assessment Information Rules and Health & Safety Studies apply only to a specific list of chemicals. – Associated with chemical review activities. Introduction to TSCA Existing Chemical Regulations

18. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.18 Information Gathering – Allegation of Adverse Reaction and Substantial Risk reporting apply to all chemicals. No listing required. – Collection of all unknown health and environmental data that pose significant adverse effects. Introduction to TSCA Existing Chemical Regulations

19. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.19 Information Gathering – The Inventory Update Report (IUR) is specifically aimed at collecting commercial production data. – Due every four years: December 2002 Introduction to TSCA Existing Chemical Regulations

20. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.20 Exportation – Chemicals subject to a rule or order – Information sharing between the Agency and the foreign government. Introduction to TSCA Existing Chemical Regulations

21. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.21 Importation – Each chemical import transaction must be certified as compliant with TSCA. – Importation = Manufacture importers must be well acquainted with the new chemical regulations. Introduction to TSCA Existing Chemical Regulations

22. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.22 Use – May only use those chemicals listed on the TSCA Chemical Inventory or under an inventory exemption. – Must also comply with exemption criteria. Introduction to TSCA Existing Chemical Regulations

23. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.23 Introduction to TSCA Regulation Monitoring Routine regulation monitoring is vital. Without monitoring the PFAS story would have unraveled much differently. With more knowledgeable monitoring, the PFAS issue would not have necessitated such elaborate compliance efforts.

24. The PFAS Story Retold

25. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.25 The PFAS Story Retold 3M submits Substantial Risk Report EPA reviews data and proposes SNUR: 18-Oct-00 SCI legal affiliate captures SNUR notice Discuss PFAS SNUR at SCI meeting: Oct-Nov-00 INVESTIGATE

26. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.26 The PFAS Story Retold PFAS Discoveries – 3M is not the only source – PFAS is used in small amounts by SCI – PFAS offers unique advantages to the photolithography process – There are no known replacements for PFAS COMMENT ON SNUR

27. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.27 The PFAS Story Retold Extension to Comment Period 17Nov00 - 1Jan01 SCI comments on SNUR 1-Jan-01 EPA holds public meeting 27-Mar-01 SCI provides case for amended SNUR 3-Oct-01 Final SNUR (13 chemicals) 11-Mar-02 Proposed Amended SNUR (75 chemicals) 11-Mar-02 Final Amended SNUR (75 chemicals) ?

28. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.28 Proposed Amended SNUR 40 CFR 721.9582(a)(3)(ii) Use as a component of a photoresist substance, including a photo acid generator, or as a component of an anti-reflective coating, used in a photolithography process to produce semiconductors or similar components of electronic or other miniaturized devices

29. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.29 The PFAS Story Retold What lessons can be learned? – Monitor regulations – Understand supply chain – Know chemical compositions – Appreciate TSCA obligations – Understand vendor relationships – Institute compliance measures

30. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.30 Chemical Approval Process Chemical Rules/Orders Review Information Gathering Exportation Importation Monitoring TSCA Compliance

31. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.31 Chemical Approval Process – Review all chemicals to ensure TSCA Inventory listing or Inventory exemption – Institute systems to ensure compliance with all Inventory exemptions TSCA Compliance

32. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.32 Chemical Rules/Orders Review – Determine if chemical is subject of a TSCA rule or order – Know terms of the rule or order TSCA Compliance DIFFERENT FROM INVENTORY STATUS

33. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.33 Information Gathering – Know reporting & recordkeeping obligations – Institute procedures TSCA Compliance

34. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.34 Exportation – Review all chemicals for exportation requirements – Institute procedures TSCA Compliance

35. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.35 Importation – Determine product certification status – Institute procedures TSCA Compliance

36. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.36 Monitor Regulations – Routinely monitor the Federal Register for activities that affect your industry TSCA Compliance

37. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.37 Chemical Approval Process Chemical Rules/Orders Review Information Gathering Exportation Importation Monitoring TSCA Compliance

38. 2 December 2002Copyright 2002 by RSB Technical Services, Inc.38 TSCA can significantly impact the SCI, however, compliance is quite manageable and will allow one to better respond to potentially negative actions. TSCA Compliance COMPLIANCE IS THE ANSWER