Overview of LCPFAC and PFOA Regulations & Impacts on the Semiconductor Industry

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1 Overview of LCPFAC and PFOA Regulations & Impacts on the Semiconductor Industry Laurie Beu Laurie S. Beu Consulting on behalf of The Semiconductor Industry Association April 1, 2015

2 Presentation Outline Background Proposed EU PFOA Restriction Proposed US EPA LCPFAC SNUR Use of LCPFAC in Semiconductor Lithography Formulations Potential Fluorochemical Use in Articles Articles Survey Anticipated Regulatory Timeline Impacts Summary Semiconductor Industry Webinar - April 1,

3 Long chain perfluoroalkyl carboxylates Background The US and European Union (EU) have both recently proposed regulations restricting certain long chain perfluoroalkyl carboxylates (LCPFAC) including perfluorooctanoic acid (PFOA) and PFOA substances Both proposed regulations restrict LCPFAC substances and articles containing certain LCPFAC US rule does not contain threshold concentration limit EU proposed level is much lower than levels listed on SDSs and in product content tracking systems Semiconductor Industry Webinar - April 1,

4 LCPFAC Proposed EU PFOA Restriction On December 17, 2014, ECHA published a restriction dossier on "PFOA and PFOA related substances Perfluorooctanoic acid (PFOA, CAS , EC ), including its salts and any other substance having linear or branched perfluoroheptyl derivatives with the formula C7F15- as a structural element, including its salts except those derivatives with the formula C7F15-X, where X= F, Cl, Br and any other substance having linear or branched perfluorooctyl derivatives with the formula C8F17- as a structural element, including its salts, except those derivatives with the formula C8F17-X, where X= F, Cl, Br or, C8F17- SO2X', C8F17-C(=O)OH or C8F17-CF2-X' (where X'=any group, including salts) Official comment deadline is June 17, 2015; however, Risk Advisory Committee (RAC) and Socio-Economic Analysis Committee (SEAC) meet in early June. Semiconductor Industry Webinar - April 1,

5 Proposed EU PFOA Restriction PFOA and PFOA related substances: 1. Shall not be manufactured, used or placed on the market - as substances, - as constituents of other substances in concentrations equal or above 2 ppb of a single substance, - in a mixture in concentrations equal or above 2 ppb of a single substance 2. ARTICLES or any parts thereof containing one of the substances in concentrations equal to or greater than 2 ppb of a single substance shall not be placed on the market. 3. Paragraph 1 and 2 shall apply from (18 months after entry into force). 4. By way of derogation, paragraph 2 shall not apply to the placing on the market of second-hand articles which were in end-use in the European Union when the restriction becomes effective. Semiconductor Industry Webinar - April 1,

6 Proposed US EPA SNUR The US EPA has proposed a TSCA (Toxic Substances Control Act) Significant New Use Rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) substances EPA believes: Use of LCPFAC will be phased out by December 31, 2015 and any uses after that time are new uses All uses of PFOA and its salts were phased out by December 31, 2013 Uses not already ongoing as of January 21, 2015, and ongoing uses that will be phased out by the end of 2015, would not be considered ongoing uses if they later arise, even if they are in existence upon the issuance of a final rule LCPFAC substances cannot be manufactured, imported or processed for any use in the U.S. Any uses that become known would be a New Use and would require approval under a Significant New Use Notification (SNUN) Rule proposes removing the current article exemption (40 CFR (f)) Semiconductor Industry Webinar - April 1,

7 EPA Request for Comments EPA has requested comments on: Whether any of the current uses of the LCPFAC chemical substances listed in Table 1 will be ongoing after December 31, 2015, Whether there are any ongoing uses of those LCPFAC chemical substances listed in table 2, and Whether there are any ongoing uses, including use as part of articles, of any of the LCPFAC chemical substances. EPA also requests comments addressing the extent to which companies manufacturing specific LCPFAC chemical substances for particular uses are utilizing existing sources that are not dependent on the PFOA Stewardship Program member companies and that are expected to continue after December 31, 2015 The comment deadline is extended to June 26, Semiconductor Industry Webinar - April 1,

8 Proposed SNUR and Articles Import of an article containing LCPFAC substances listed in Tables 1 and 2 (with the exception of PFOA (or its salts) that are imported as part of an aqueous dispersion or fluoropolymers as part of an article) would be considered Significant New Use and would require filing a Significant New Use Notification. No concentration threshold. SNUR applies to articles containing regulated substances in any quantity (except as an impurity). Semiconductor Industry Webinar - April 1,

9 Proposed Regulatory Thresholds EPA SNUR does not specify a minimum threshold concentration; REACH PFOA restriction proposes 2 ppb threshold Safety Data Sheets may not require listing of substances present in concentrations <0.1% Materials Declarations are typically not required for substances present in low concentrations IC makers are uncertain if regulated substances are contained in articles required for manufacturing and how long it will take suppliers to determine if present Semiconductor Industry Webinar - April 1,

10 Use in Semiconductor Formulations LCPFAC proposed for regulation under the US EPA SNUR and European REACH restriction are found in lithography formulations Resists Anti-reflective coatings At 2ppb threshold proposed in REACH restriction dossier, PFOA and related substances are likely contained in formulations where LCPFAC have been replaced by short chain substitutes Semiconductor Industry Webinar - April 1,

11 Potential Semiconductor Article Uses Fluorochemistries are likely to be found in: Lining in tanks, valves, and pumps Chemical resistant pipes and tubing Chemical resistant wafer carriers, boats and trays Teflon coated parts and surfaces of process equipment Gaskets and o-rings Insulation for wire and cable More information: Semiconductor Industry Webinar - April 1,

12 Articles Survey The Semiconductor Industry Association (SIA), European Semiconductor Industry Association (ESIA) and SEMI are currently conducting a survey of semiconductor equipment, component and ancillary suppliers to: Raise supply chain awareness of proposed regulations and their potential impact on the supply chain Identify steps needed to determine if LCPFAC are present in articles Provide data for industry comments Link to survey: Survey closes on April 7, 2015 contact Laurie.Beu@icloud.com for more information Semiconductor Industry Webinar - April 1,

13 Anticipated Timeline of Regulatory Actions Date Action after&january&21,&2015 after&january&21,&2015 Week&of&March&9,&2015 June&1N5,&2015 June&8N12,&2015 June&17,&2015 June&26,&2015 September&7N18,&2015 September&7N11,&2015 November&23&N&December&4,&2015 November&30&N&December&4,&2015 after&december&31,&2015 March&1,&2016 AprilNMay&2016 MidN2016 US&EPA&Significant&New&Use&for&manufacturing&(including&Importing)&or&processing&of&other&LCPFAC US&EPA&Significant&New&Use&for&manufacturing&(including&Importing)&or&processing&of&PFOA&and&its&salts European&Chemicals&Agency&(ECHA)&Risk&Assessment&Committee&(RAC)&and&SocioNEconomic&Analysis& Committee&(SEAC)&begin&review&of&REACH&restriction&proposal&for&PFOA&and&related&substances ECHA&RAC&Meeting&(likely&to&include&discussion&of&PFOA&restriction&proposal) ECHA&SEAC&Meeting&(likely&to&include&discussion&of&PFOA&restriction&proposal) Deadline&for&public&comment&on&REACH&restriction&proposal&for&PFOA&and&related&substances Deadline&for&Comments&on&US&EPA&Proposed&Rule:&&LongNChain&Perfluoroalkyl&Carboxylate&and& Perfluoroalkyl&Sulfonate&Chemical&Substances;&Significant&New&Use&Rule ECHA&RAC&Meeting&(likely&to&include&discussion&of&PFOA&restriction&proposal) ECHA&SEAC&Meeting&(likely&to&include&discussion&of&PFOA&restriction&proposal) ECHA&RAC&Meeting&(likely&to&include&discussion&of&PFOA&restriction&proposal) ECHA&SEAC&Meeting&(likely&to&include&discussion&of&PFOA&restriction&proposal) US&EPA&Significant&New&Use&for&manufacturing&(including&Importing)&or&processing&of&LCPFAC&in&Table&1 European&Commission&will&issue&its&proposal&regarding&PFOA&restriction REACH&Committee&vote&on&PFOA&restriction Adoption&of&PFOA&Restriction US EU Semiconductor Industry Webinar - April 1,

14 Impacts Both US EPA and ECHA have proposed regulations restricting LCPFAC including PFOA and its salts neither rule exempts critical semiconductor uses Proposed EPA SNUR designates uses not already ongoing as Significant New Use if they are in existence upon publication of the proposed rule Manufacturers must identify existing uses to EPA during comment period ECHA 2ppb threshold results in a de facto ban on short chain substitutes and fluoropolymers made without PFOA Semiconductor Industry Webinar - April 1,

15 Summary Recently proposed chemical regulations have impacts across the semiconductor industry supply chain Low or no minimum concentration thresholds put the supply chain at risk What company requires disclosure of substances present at %? Can these levels be measured with accuracy and repeatability? Effectively addressing future chemical restrictions requires increased communication and cooperation across the semiconductor industry supply chain IC makers welcome increased communication and cooperation with suppliers Semiconductor Industry Webinar - April 1,

16 Additional Information Semiconductor Industry Webinar - April 1,

17 SNUR Definition LCPFAC chemical substances are synthetic chemicals that do not occur naturally in the environment. The LCPFAC chemical substances identified in this unit, where 5 < n < 21 or 6 < m < 21: 1. CF3(CF2)n-COO-M where M = H+ or any other group where a formal dissociation can be made.; 2. CF3(CF2)n-CH=CH2. 3. CF3(CF2)n-C(=O)-X where X is any chemical moiety. 4. CF3(CF2)m-CH2-X where X is any chemical moiety. 5. CF3(CF2)m-Y-X where Y = non-s, non-n heteroatom and where X is any chemical moiety. The category also includes the salts and precursors of these chemical substances. The precursors may be simple derivatives of PFOA and higher homologues or polymers that contain or may degrade to PFOA or higher homologues. These precursors include long-chain fluorotelomers. Semiconductor Industry Webinar - April 1,

18 EPA SNUR Table 1: LCPFAC Substances Semiconductor Industry Webinar - April 1,

19 EPA SNUR Table 2: PFOA and Example of Its Salts Semiconductor Industry Webinar - April 1,

20 Disclaimer The presentation material is intended for guidance only and while the information is provided in utmost good faith and has been based on the best information currently available, is to be relied upon at the user s own risk. This is not intended to be a comprehensive treatment of the subject matter and is not intended to provide legal advice or to serve as a substitute for legal counsel. No representations or warranties are made with regards to its completeness or accuracy and no liability will be accepted for damages of any nature whatsoever resulting from the use of or reliance on the information. You should consult legal counsel to determine the applicable law for your situation. Semiconductor Industry Webinar - April 1,