EU

Environmentally sound policies and the health and the safety of workers in the microelectronics supply chain are vitally important to SEMI and its members. For more than two decades, together we have focused on worker safety by focusing on global environment, health and safety (EHS) compliance and regulatory issues and the advancement of sound EHS practices. Today, EHS has taken on an even higher profile in the microelectronics industry with its growth across Europe, North America and Asia. Never has the industry been under greater scrutiny. The list of regulatory agencies is growing. To keep pace with rising EHS requirements and continue to ensure worker safety, we’d like your help. The SEMI EHS summit will open with a keynote presentation from Russ LaMotte, Managing Principal of Beveridge Diamond, and a recognized expert on EHS issues in the electronics industry. Member companies representing equipment, materials, facilities and devices will then each share their EHS concerns. Finally, working groups will address industry EHS challenges and gaps. Outputs from the working group meetings will form the basis for the future SEMI EHS program. The EHS issues SEMI’s program and company volunteers are addressing include: PFOA – Government efforts to eliminate pefluoro-octanoic acid and related compounds and salts (collectively known as PFOA) from company supply chains REACH – A European Union regulation to strengthen protections against chemical risks to human health and the environment. Other countries – Japan, Korea, Taiwan – have enacted similar regulations. Stockholm Convention – An international environmental treaty designed to eliminate or restrict the production and use of persistent organic pollutants (POPs) Waste Framework Directive Database – The European Commission and the European Chemicals Agency (ECHA) are building a database where all suppliers will be required to register certain articles. Other groups are dealing with country-specific aspects of the Restriction of Hazardous Substances (RoHS) and the Toxic Substances Control Act (TSCA). Complementing our advocacy efforts, SEMI has established 25 primary EHS standards with SEMI S2 (Safety) as the cornerstone. The S2 family of SEMI Standards acts as performance-based EHS considerations for semiconductor manufacturing equipment and has also been adopted by adjacent industries. Sign up for the November 29th SEMI EHS Summit today Team up with your SEMI colleagues to collectively formulate the semiconductor manufacturing industry’s EHS program. SEMI members can register for the November 29th SEMI EHS Summit by clicking here. If you cannot make this meeting but wish to be added to SEMI’s regular communication on EHS and Advocacy issues, please click here and choose Advocacy from the list of topic choices. Michael Ciesinski is vice president of the FlexTech Alliance, a SEMI Strategic Association Partner chartered with building up infrastructure for flexible electronics manufacturing.

Last week, the Office of the U.S. Trade Representative (USTR), on instruction from President Trump, notified Congress that the administration intends to begin bilateral trade negotiations with Japan, the European Union (EU), and the United Kingdom.SEMI stands strong for free trade and open markets, and roundly supports efforts to increase market access and tap into more foreign economies, especially economies like Japan and the EU, both of which are central to the semiconductor industry. The semiconductor industry, which enables the $2 trillion electronics market, is built on global commerce. SEMI members rely on a vast network of supply chains that span the globe, bringing together components and tools made all around the world and assembled into a single sub-system that is then integrated into a larger tool used in the chipmaking process.These free trade agreements will reduce tariffs, which will result in cost savings and productivity gains, and allow SEMI members to expand and grow. But the benefits of modern free trade agreements extend well beyond tariff reduction. Indeed, these trade deals will establish and enhance global trade rules that enable companies to innovate and compete fairly on a level playing field. Trade agreements strengthen certainty and further business continuity.While the exact nature and negotiation timelines for the talks remain unclear, SEMI will engage the administration, urging it to maintain high standards in these agreements, such as: Maintain strong respect for intellectual property and trade secrets through robust safeguards and significant penalties for violators Remove tariffs and non-tariff barriers on semiconductor products as well as products that depend on semiconductors Simplify and harmonize the customs and trade facilitation processes Combat any attempts of forced technology transfer Prevent use of data localization measures and enable the free flow of cross-border data flows End discriminatory and/or burdensome regulatory practices Ensure standards in all forms are market-oriented Create rules for state-owned enterprises to ensure fair and non-discriminatory treatment of all companies According to Trade Promotion Authority (TPA), the U.S. law that guides trade votes in Congress, negotiations with each country can only begin 90 days after last week’s notification. During that period, there will be intensive consultation with Congress and stakeholders. This means, at the earliest, talks can start on January 14, 2019. (Bear in mind that discussions with the UK can only begin in earnest once the UK has formally left the European Union on March 29, 2019.)The Trump administration’s announcement comes after the U.S. imposed or threatened tariffs on imports on all trading partners, including the EU and China. All told, the U.S. has imposed tariffs on more than $300 billion worth of goods. SEMI has weighed in on the detrimental nature of tariffs, arguing that tariffs on China will ultimately do nothing to address the concerns with China’s trade practices. This sledgehammer approach will introduce significant uncertainty, impose greater costs, and potentially lead to a trade war, ultimately undercutting the ability of semiconductor companies to sell overseas, stifling innovation and curbing U.S. technological leadership.Elsewhere, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the multilateral trade deal that links 11 Asia-Pacific economies, is well on its way to taking force. Canada will be taking its final steps to ratify the deal, joining Mexico, Japan and Singapore. The deal, formerly known as the Trans-Pacific Partnership, should take effect by the first half of 2019.SEMI will continue tracking ongoing trade developments. Any SEMI members with questions should contact Jay Chittooran, Public Policy Manager at SEMI, at [email protected].

IntroductionStarting July 4, 2022, PFOA (Perfluorooctanoic acid) levels in semiconductor manufacturing and related equipment (SMRE), including replacement parts, entering the European Union (EU) will be restricted to 25 ppb per component (or any part thereof). Semiconductor equipment components (and the parts thereof) of particular concern include fluid tubing and fittings, pipe/seal tape, wire and cable insulation, filters, valves, tanks, panels, reaction vessels and o-rings; if they are made from fluoropolymers or fluoroelastomers.When PFOA is used as an aid to the manufacture fluoropolymers such as PTFE, PFA, PVDF or fluoroelastomers such as FKM and FFKM (collectively referred to as fluoromaterials), an unintended PFOA residue can be trapped within the fluoromaterial. Buyers of components used in SMRE are usually unaware of the processing method used for any fluoromaterials they may contain, and, as a consequence, the potential for PFOA residue. This lack of information about potential PFOA residues could result in regulatory enforcement actions and restricted market access, particularly in the EU.The impact of restrictions on fluoromaterials used in SMRE has been introduced in previous SEMI articles ‘Fluorinated Compound Restrictions May Trigger Costly Equipment Changes’ and ‘Fluorinated Substance Restrictions Triggers Costly Equipment Changes.’PFOA and its related compounds, such as the ammonium salt APFO (collectively called PFOA in this article), are recognized internationally as hazardous chemicals and are now targeted for regulatory restriction in the U.S., Taiwan, Canada and the EU. The UN Stockholm Convention on Persistent Organic Pollutants (POPs) is also considering listing PFOA, which could lead to additional international restrictions.The SEMI EHS Division PFOA Compliance Working Group has been working to understand: The likelihood of PFOA residue entering the supply chain of new components The residual level of PFOA in fluoromaterials produced prior to the phase out of PFOA by some manufacturers The impact of PFOA residue on the secondary equipment market This SEMI resource page, ‘Elimination of PFOA from the Equipment Supply Chain,’ and the supporting FAQ contain the Working Group’s key findings and conclusions.PFOA in the Fluoromaterial Supply ChainSignatories to the U.S. EPA Stewardship Program, which include FluoroCouncil members, eliminated PFOA from their manufacturing processes by 2013. However, other fluoromaterial manufactures – particularly in China, Russia and India – might still use PFOA and pose a significant risk to the worldwide supply chain.China, the world’s largest fluoromaterial producer, accounts for 53 percent of global production of PTFE and 38 percent of worldwide production of PVDF, FEP and FKM. An estimated 75 percent to 85 percent of fluoromaterials are manufactured using PFOA in China. Fully 25 percent of these fluoromaterials are exported, primarily to the U.S, Japan, EU and India. What’s more, finished goods made from or containing fluoromaterials that might be used as components in SMRE are exported from China.Documentation that traces fluoromaterials through the supply chain back to the original fluoromaterial manufacturer is key to meeting the PFOA regulatory requirements. This traceability can be straightforward in cases when an SMRE manufacturer directly specifies the use of a fluoromaterial in a custom-fabricated fluoromaterial component. However, for off-the-shelf components (e.g., cable ties, wiring insulation, tubing) or the components assembled from these components (e.g., controllers), the complexity and dynamics of the supply chain makes traceability back to the original fluoromaterial producer almost impossible.Residual PFOA Levels If, or how much, PFOA/APFO residue is contained in a fluoromaterial depends on the manufacturing process. Details of the manufacturing processes are proprietary and vary widely. Post manufacturing thermal treatments, such as sintering, extrusion, and molding, can result in the rapid thermal decomposition of APFO above 250C, but PFOA is significantly more stable. The temperature and time of thermal treatments is also proprietary and varies depending on the type of fluoromaterial and what is being made.This variability makes it impossible to estimate the likely level of trapped PFOA or APFO in a finished component or a part thereof. It is unwise to use data on the level of residue made known for one case to extrapolate the level of residue across the fluoromaterial industry. However, an industry-wide range on the order of 1ppm-10ppm (nearly 1000 times the EU limit) is suspected. Testing for the presence of PFOA/APFO at 25ppb in components is also problematic as there is no standard test method, and results among the custom methods developed in each test lab may vary.Given this uncertainty in test methods, a system of supplier declarations warrants consideration.Impact on Secondary (Used) EquipmentThe EU REACH restrictions apply to SMRE and replacement parts placed on the market at any time (not just initial placement – known as “first placing on the market”). For fluoromaterial components manufactured prior to 2013, there is a higher likelihood of residual PFOA/APFO levels exceeding the 25ppb limit of EU REACH. In principle all the SMRE components containing fluoromaterials should be investigated, and those containing PFOA above 25ppb must be replaced before the SMRE can be legally placed again on the EU market. Companies (e.g., semiconductor manufacturers) in the EU who wish to sell used equipment within the EU will be required to demonstrate the used equipment is in compliance. Selling older used equipment would likely be unprofitable after necessary investigations and component replacements are completed.Next StepsWhile the EU semiconductor manufacturing industry heavily depends on the secondary (used) equipment market, EU regulators may be unaware of the PFOA restriction’s damaging impact to this market. The EHS Division PFOA Working Group, in conjunction with SEMI Europe, is now considering how to bring this concern to the attention of regulators and to collaborate and lobby for effective changes including possible modifications to the EU Persistent Organic Pollutants (POPs) regulation.