. DOES NOT CO)JTA T~J 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

OFFICE OF POLLUTION PREVENTION AND TOXICS 

REGULATION OF A NEW CHEMICAL SUBSTANCE 

PENDING DEVELOPMENT ti~TION 

In the matter of: 

] 

) Premanufacture Notice 

) Number: 

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P-00-346 

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Consent Order and Determinations Supporting Consent Order -l:-o ~ 

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-iiTABLE OF CONTENTS 

Preamble 

I. Introduction 

II. Summary of Terms of the Order 

III. Contents of PMN 

IV. EPA's Assessment of Exposure and Risk 

v. EPA's Conclusions of Law 

VI. Information Required to Evaluate Human Health and 

Environmental Effects 

Consent Order 

I. Terms of Manufacture, Import, Processing, Distribution in 

Commerce, Use, and Disposal Pending Submission and 

Evaluation of Information 

II. Recordkeeping 

III. Successor Liability Upon Transfer of Consent Order 

IV. Modification and Revocation of Consent Order 

v. Effect of Consent Order 

Attachment A - Definitions 

Attachment c - Statistical Analysis of NCELs Analytical 

Method Verification Results 

Attachment B - Notice of Transfer of Consent Order 
-iiiI. INTRODUCTION 

Under the authority of § 5(e) of the Toxic Substances 

Control Act ("TSCA") (15 u.s.c. 2604(e)), the Environmental 

Protection Agency ("EPA" or "the Agency") issues the attached 

Order, regarding premanufacture notice ( 11PMN11 ) P-00-346 submitted 

by the [~ ("the Company") , to take effect upon 

expiration of the PMN review period. The Company submitted the 

PMN to EPA pursuant to section 5(a)(1) of TSCA and 40 CFR part 

720. 

Under § 15 of TSCA, it is unlawful for any person to fail or 

refuse to comply with any provision of § 5 or any order issued 

under § 5. Violators may be subject to various penalties and to 

both criminal and civil liability pursuant to § 16, and to 

specific enforcement and seizure pursuant to § 17. 

II. SUMMARY OF TERMS OF THE ORDER 

The Consent Order for this PMN substance requires the 

Company to: 

(1) submit to EPA certain toxicity testing at least 14 weeks 

before either: (a) manufacturing or importing a total of 

[' kilograms of the PMN substance, or (b) months 

after commencement of non-exempt commercial manufacture or import 

of the PMN substance, whichever is later ; 

(2) provide personal protective equipment to its workers to 

prevent dermal exposure; 
-iv-

(3) lanel containers of the PMN substance and provide Material 

Safety Data Sheets (MSDSs) and worker training in accordance with 

the provisions of the Hazard Communication Program section; 

(4) distribute the PMN substance, in accordance with the 

provisions of the Distribution section, only to a person who has 

been notified of and agrees to the same restrictions (except the 

testing requirements); 

(5) maintain certain records. 

III. CONTENTS OF PMN 

Confidential Business Information Claims (Bracketed in the 

Preamble and Order): Company Name, Chemical Identity, Production 

Volume, Use, Processing Information and Other Information. 

Chemical Identity: 

Specific: [~ . - -~ -• 

] 

Generic: Alkylated phenol 

Use: 

Specific: 

Generic: Petroleum additive 

Maximum 12-Month Production Volume: kg 

Test Data Submitted with PMN: 

28-Day Oral Study - no deaths; signs of liver and thyroid 

effects. 

Acute Oral - LD50 between 200 and 2000, low toxicity. 

Acute Dermal Toxicity - all animals survived; no toxic signs observed. 

' 
-v- . Skin Irritation study - mildly irritating. 

Eye Irritation Study - minimally irritating. 

IV. EPA'S ASSESSMENT OF EXPOSQRE AND RISK 

The following are EPA's predictions regarding the probable 

toxicity and human exposure of the PMN substance, based on the 

information currently available to the Agency. 

Human Health Effects Summary: 

Based on submitted toxicity test data on the PMN substance 

and data on analogs, the PMN substance may cause liver and 

thyroid toxicity to workers exposed via the dermal route. 

Absorption: The PMN substance is expected to be absorbed andjor 

react via all routes: skin(12%), lung (50%), and GI tract (50%). 

Environmental Effects summary: No significant risk expected. 

EXPosure Symmary: 

Due to low vapor pressure of the PMN compound no inhalation 

exposure is expected during manufacturing, processing or use. 

The following table summarizes EPA estimates of Potential Dermal 

Dose Rates (PDRs) for workers. 
-viMFG/PROC/USE & I I 

Workers I Days/yr IPDR (mg/day) 

Worker Activities 

Manufacture 

Sampling/Analysis, 

I 

[ - -- I I 

1,300 to 3,800 

Cleaning Filter, 

Drumming 

Lube Oil Additive Package Formulation 

Sampling/Analysis, 

Loading I L I I 

Lube Oil Formulation 

Unloading, Sampling/ I ~ Analysis, Loading 

t 130 to 3,800 

to 390 

Motor Oil (Industrial and Commercial Vehicles) 

Changing oil in 

vehicles 

Risk Estimates: 

I r 

---.. I < 130 to 360 

A no observed adverse effects level (NOAEL) could not be 

clearly established in the submitted 28-Day Oral Toxicity study 

with respect to thyroid and liver effects in all treated groups. 

However, EPA has concluded that the lowest observable effect 

level (LOEL) is 15 mg/kg/day, the lowest tested dose for liver 

and thyroid effects. The LOEL is based on effects being seen in 

the lowest tested dose of 15 mg/kgjday. Based on the LOEL of 15, 

the margin of exposure (MOE) is 2 for liver and thyroid effects, 

well below the MOE of 1000 that EPA considers acceptable when the 

MOE calculation is based on a LOEL. 

I 

I 
-viiV. EPA'S CONCLUSIONS OF LAW 

The following findings constitute the basis of the Consent 

order: 

A. EPA is unable to determine the potential for liver and 

thyroid toxicity from exposure of humans to the PMN substance. 

EPA therefore concludes, pursuant to§ S(e) (1) (A)(i) of TSCA, 

that the information available to the Agency is insufficient to 

permit a reasoned evaluation of the human health effects of the 

PMN substance. 

B. In light of the potential risk of human health effects posed 

by the uncontrolled manufacture, import, processing, distribution 

in commerce, use, and disposal of the PMN substance, and the 

Agency's conclusion that issuing the Order will not result in any 

significant loss of benefits to society, EPA has concluded, 

pursuant to§ S(e) (l)(A) (ii) (I) of TSCA, that uncontrolled 

manufacture, import, processing, distribution in commerce, use, 

and disposal of the PMN substance may present an unreasonable 

risk of injury to human health. 

c. In light of the estimated production volume of, and human 

exposure to, the PMN substance, EPA has further concluded, 

pursuant to§ S(e)(l)(A) (ii) (II) of TSCA, that the PMN substance 

will be produced in substantial quantities and there may be 

significant (or substantial) human exposure to the substance. 
-viiiVI. INFORMATION REQUIRED TO EVALUATE HUMAN HEALTH EFFECTS 

The Order prohibits the Company from exceeding a specified 

production volume unless the Company submits the information 

described in the Testing section of this Order in accordance with 

the conditions specified in the Testing section. However, the 

Order•s restrictions on manufacture, import, processing, 

distribution in commerce, use, and disposal of the PMN substance 

will remain in effect until the Order is modified or revoked by 

EPA based on submission of that or other relevant information. 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

CONSENT ORDER 

OFFICE OF 

PREVENTION, PESTICIDES AND 

TOXIC SUBSTANCES 

I. TERMS OF MANUFACTURE, IMPORT, PROCESSING, 

DISTRIBUTION IN COMMERCE. USE, AND DISPOSAL 

PENDING SUBMISSION AND EVALUATION 

OF INFORMATION 

[ r . ] ("the Company") is prohibited from 

manufacturing, importing, processing, distributing in commerce, 

using, or disposing of the chemical substance [r 

(P-00-

346) ("the PMN substance") in the United States, for any 

nonexempt commercial purpose, pending the development of 

information necessary for a reasoned evaluation of the human 

health effects of the substance, and the completion of EPA's 

review of, and regulatory action based on, that information, 

except under the following conditions: 

TESTING 

(a) Any information on the PMN substance which reasonably 

supports the conclusion that the PMN substance presents a 

substantial risk of injury to health or the environment required 

to be reported under EPA's section 8(e) policy statement at 43 

Federal Register 11110 (March 16, 1978) as amended at 52 Federal 

Register 20083 (May 29, 1987), shall reference the appropriate 

PMN identification number for this substance and shall contain a 

Internet Address {URL) • http://www.epa.gov 

Recycled/Recyclable • Printed wHh Vegetable Oil Based Inks on €~&cycled Paper (Minimum 25% Postconsumer) 
-2-

statement that the substance is subject to this Consent Order. 

Additional information regarding section 8(e) reporting 

requirements can be found in the reporting guide referenced at 56 

Federal Register 28458 (June 20, 1991). 

(b) The Company shall notify, in writing, the EPA Laboratory 

Data Integrity Branch (2225A), Office of Enforcement and 

Compliance Assurance, u.s. Environmental Protection Agency, 401 M 

street, s.w., Washington, D.C. 20460, of the following 

information within 10 days of scheduling any study required to be 

performed pursuant to this Order, or within 15 days after the 

effective date of this Order, whichever is later: 

1. The date when the study is scheduled to commence; 

2. The name and address of the laboratory which will 

conduct the study; and 

3. The name and telephone number of a person at the 

Company or the laboratory whom EPA may contact regarding the 

study. 

4. The appropriate PMN identification number for each 

substance and a statement that the substance is subject to this 

Consent Order. 

(c) Each study required to be performed pursuant to this Order 

must be conducted according to TSCA Good Laboratory Practice 

Standards at 40 CFR Part 792 and using methodologies generally 

accepted at the time the study is initiated. Before starting to 

tl 
-3-

conduct any study, the Company must obtain approval of test 

protocols from EPA by submitting written protocols. EPA will 

respond to the Company within 4 weeks of receiving the written 

protocols. Published test guidelines specified in paragraph (d) 

(e.g., 40 CFR 797 or 798) provide general guidance for 

development of test protocols, but are not themselves acceptable 

protocols. 

(d) The Company is prohibited from manufacturing or importing 

the PMN substance beyond either: (1) an aggregate manufacture and 

import volume of [ ] kilograms, or (2) [ ] months after 

the commencement of non-exempt commercial manufacture or import 

of the PMN substance, whichever is later ("the production 

limits"), unless the Company conducts a 28-Day Repeated Dose 

Dermal Toxicity study according to OECD guideline 410 with 

emphasis on the thyroid (per OPPTS guideline 870.3465) on the PMN 

substance and submits all final reports and underlying data in 

accordance with the conditions specified in this Testing section. 

(e) The Company shall: (1) conduct each study in good faith, 

with due care, and in a scientifically valid manner; (2) promptly 

furnish to EPA the results of any interim phase of each study; 

and (3) submit, in triplicate (with an additional sanitized copy, 

if confidential business information is involved), the final 

report of each study and all underlying data ("the report and 

data") to EPA no later than 14 weeks prior to exceeding the 
applicable production limit. The final report shall contain the 

contents specified in 40 CFR 792.185. Underlying data shall be 

submitted to EPA in accordance with the applicable "Reporting", 

"Data and Reporting", and "Test Report" subparagraphs in the 

applicable test guidelines. However, for purposes of this 

Consent Order, the word "should" in those subparagraphs shall be 

interpreted to mean "shall" to make clear that the submission of 

such information is mandatory. EPA will require the submission 

of raw data such as slides and laboratory notebooks only if EPA 

finds, on the basis of professional judgment, that an adequate 

evaluation of the study cannot take place in the absence of these 

items. 

(f) The Company is not required to conduct a study specified in 

paragraph (d) of this Testing section if notified in writing by 

EPA that it is unnecessary to conduct that study. 

(g) If EPA finds that the data generated by a study are 

scientifically equivocal, the Company may continue to manufacture 

and import the PMN substance beyond the applicable production 

limit. To seek relief from any other restrictions of this 

Order, the Company may make a second attempt to obtain 

unequivocal data by reconducting the study under the conditions 

specified in paragraphs (b), (c), and (e)(l) and (2). The 

testing requirements may be modified, as necessary to permit a 
-5-

reasoned evaluation of the risks presented by the PMN substance, 

only by mutual consent of EPA and the Company. 

(h) ( 1) Except as described in subparagraph (h) (2), if, within 

6 weeks of EPA's receipt of a test report and data, the Company 

receives written notice that EPA finds that the data generated by 

a study are scientifically invalid, the Company is prohibited 

from further manufacture and import of the PMN substance beyond 

the applicable production limit. 

(2) The Company may continue to manufacture and import the 

PMN substance beyond the applicable production limit only if so 

notified, in writing, by EPA in response to the Company's 

compliance with either of the following subparagraphs (h) (2)(i) 

or (h) (2) (ii). 

(i) The Company may reconduct the study in compliance 

with paragraphs (b), (c), and (e) (1) and (2). If there is 

sufficient time to reconduct the study and submit the report and 

data to EPA at least 14 weeks before exceeding the production 

limit as required by subparagraph (e)(3), the Company shall 

comply with subparagraph (e) (3). If there is insufficient time 

for the Company to comply with subparagraph (e)(3), the Company 

may exceed the production limit and shall submit the report and 

data in triplicate to EPA within a reasonable period of time, all 

as specified by EPA in the notice described in subparagraph 

(h)(1). EPA will respond to the Company, in writing, within 6 

weeks of receiving the Company's report and data. 

IH 
-6-

(ii) The Company may, within 4 weeks of receiving from 

EPA the notice described in subparagraph (h) (1), submit to EPA a 

written report refuting EPA's finding. EPA will respond to the 

Company, in writing, within 4 weeks of receiving the Company's 

report. 

(i)(l) Except as described in subparagraph (i) (2), if the 

Company becomes aware that circumstances clearly beyond the 

control of the company or laboratory will prevent, or have 

prevented, development of scientifically valid data under the 

conditions specified in paragraphs (c) and (e), the Company 

remains prohibited from further manufacture and import of the PMN 

substance beyond the applicable production limit. 

(2) The Company may submit to EPA, within 2 weeks of first 

becoming aware of such circumstances, a written statement 

explaining why circumstances clearly beyond the control of the 

Company or laboratory will cause or have caused development of 

scientifically invalid data. EPA will notify the Company of its 

response, in writing, within 4 weeks of receiving the Company's 

report. EPA's written response may either: 

(i) allow the Company to continue to manufacture and 

import the PMN substance beyond the applicable production limit, 

or 

(ii) require the Company to continue to conduct, or to 

reconduct, the study in compliance with paragraphs (b), (c), and 

(e)(l) and (2). If there is sufficient time to conduct or 

reconduct the study and submit the report and data to EPA at 

,, 
-7-

least 14 weeks before exceeding the production limit as required 

by subparagraph (e)(3), the Company shall comply with 

subparagraph (e) (3). If there is insufficient time for the 

Company to comply with subparagraph (e)(3), the Company may 

exceed the production limit and shall submit the report and data 

in triplicate to EPA within a reasonable period of time, all as 

specified by EPA in the notice described in subparagraph (i) (2). 

EPA will respond to the Company, in writing, within 6 weeks of 

receiving the Company's report and data, as to whether the 

Company may continue to manufacture and import beyond the 

applicable production limit. 

(j) ( 1) EPA may notify the Company in writing that EPA finds 

that the data generated by a study are scientifically valid and 

unequivocal and indicate that, despite the terms of this Order, 

the PMN substance will or may present an unreasonable risk of 

injury to human health or the environment. EPA's notice may 

specify that the Company undertake certain actions concerning 

further testing, manufacture, import, processing, distribution, 

use andjor disposal of the PMN substance to mitigate exposures to 

or to better characterize the risks presented by the PMN 

substance. Within 2 weeks from receipt of such a notice, the 

Company must cease all manufacture, import, processing, 

distribution, use and disposal of the PMN substance, unless 

either: 
-a-

(2) within 2 weeks from receipt of the notice described in 

subparagraph (j) (1), the Company complies with such requirements 

as EPA's notice specifies; or 

(3) within 4 weeks from receipt of the notice described in 

subparagraph (j) (1), the Company submits to EPA a written report 

refuting EPA's finding and/or the appropriateness of any 

additional requirements imposed by EPA. The Company may continue 

to manufacture, import, process, distribute, use and dispose of 

the PMN substance in accordance with the terms of this Order 

pending EPA's response to the Company's written report. EPA will 

respond to the Company, in writing, within 4 weeks of receiving 

the Company's report. Within 2 weeks of receipt of EPA's written 

response, the Company shall comply with any requirements imposed 

by EPA's response or cease all manufacture, import, processing, 

distribution, use and disposal of the PMN substance. 

(k) Regardless of the satisfaction of any other conditions in 

this Testing section, the Company must continue to obey all the 

terms of this Consent Order until otherwise notified in writing 

by EPA. The Company may, based upon submitted test data or other 

relevant information, petition EPA to modify or revoke provisions 

of this Consent Order pursuant to Part IV. of this Consent Order. 

,, 
-9-

PROTECTION ZH THE WORKPLACE 

(a) During manufacturing, processing, and use of the PMN 

substance at any site controlled by the Company, the Company must 

establish a program whereby: 

(1) Each person who is reasonably likely to be dermally 

exposed in the work area to the PMN substance through direct 

handling of the substance or through contact with equipment on 

which the substance may exist, is provided with, and is required 

to wear, personal protective equipment that provides a barrier to 

prevent dermal exposure to the substance in the specific work 

area where it is selected for use. Each such item of personal 

protective equipment must be selected and used in accordance with 

29 CFR 1910.132 and 29 CFR 1910.133. 

(2) The Company is able to demonstrate that each item of 

chemical protective clothing selected, including gloves, provides 

an impervious barrier to prevent dermal exposure during normal 

and expected duration and conditions of exposure within the work 

area by any one or a combination of the following: 

(i) Testing the material used to make the chemical 

protective clothing and the construction of the clothing to 

establish that the protective clothing will be impervious for the 

expected duration and conditions of exposure. The testing must 

subject the chemical protective clothing to the expected 

conditions of exposure, including the likely combinations of 

chemical substances to which the clothing may be exposed in the 

work area. Permeation testing shall be conducted according to 

II 
-10-

the American Society for Testing and Materials (ASTM) F739 

"Standard Test Method for Resistance of Protective Clothing 

Materials to Permeation by Liquids or Gases." Results shall be 

reported as the cumulative permeation rate as a function of time, 

and shall be documented in accordance with ASTM F739 using the 

format specified in ASTM F1194-89 "Guide for Documenting the 

Results of Chemical Permeation Testing on Protective Clothing 

Materials." Gloves may not be used for a time period longer than 

they are actually tested and must be replaced at the end of each 

workshift. 

(ii) Evaluating the specifications from the 

manufacturer or supplier of the chemical protective clothing, or 

of the material used in construction of the clothing, to 

establish that the chemical protective clothing will be 

impervious to the PMN substance alone and in likely combination 

with other chemical substances in the work area. 

(b) If the PMN substance is present in the work area only as a 

mixture, the Company is exempt from the provisions of this 

Protection in the Workplace section if the concentration of the 

PMN substance in the mixture does not exceed 1.0 percent by 

weight or volume, or 0.1 percent by weight or volume if paragraph 

(g) of the Hazard Communication Program section of this Order 

identifies cancer as a potential human health hazard of the PMN 

substance. This exemption does not apply if the Company has 

reason to believe that during intended use or processing in the 
-11-

work area, the PMN substance in the mixture may be concentrated 

above the 1.0 or 0.1 percent level, whichever is applicable. 

HAZARD COMMUNICATIOB PROGRAM 

(a) written hazard communication program. The Company shall 

develop and implement a written hazard communication program for 

the PMN substance in each workplace. The written program will, 

at a minimum, describe how the requirements of this section for 

labels, MSDSs, and other forms of warning material will be 

satisfied. The Company must make the written hazard 

communication program available, upon request, to all employees, 

contractor employees, and their designated representatives. The 

Company may rely on an existing hazard communication program, 

including an existing program established under the Occupational 

Safety and Health Administration (OSHA) Hazard Communication 

standard (29 CFR 1910.1200), to comply with this paragraph 

provided that the existing hazard communication program satisfies 

the requirements of this section. The written program shall 

include the following: 

(1) A list of chemical substances known to be present in 

the work area which are subject to a TSCA section 5(e) consent 

order signed by the Company or to a TSCA section 5(a) (2) SNUR at 

40 C.F.R. Part 721, subpart E. The list must be maintained in 

each work area where the PMN substance is known to be present and 

must use the identity provided on the MSDS for the substance 

required under paragraph (c) of this section. The list may be 

compiled for the workplace or for individual work areas. If the 
-12-

Company is required either by another Order issued under section 

S(e) of TSCA or by a TSCA section 5(a)(2) SNUR at 40 CFR Part 

721, subpart E, to maintain a list of substances, the lists shall 

be combined with the list under this subparagraph. 

(2) The methods the Company will use to inform employees of 

the hazards of non-routine tasks involving the PMN substance 

(e.g., cleaning of reactor vessels), and the hazards associated 

with the PMN substance contained in unlabeled. pipes in their work 

area. 

(3) The methods the Company will use to inform contractors 

of the presence of the PMN substance in the Company's workplace 

and of the provisions of this Order if employees of the 

contractor work in the Company's workplace and are reasonably 

likely to be exposed to the PMN substance while in the Company's 

workplace. 

(b) Labeling. 

(1) The Company shall ensure that each container of the 

substance in the workplace is labeled in accordance with this 

subparagraph (b) (1). 

(i) The label shall, at a minimum, contain the 

following information: 

(A) A statement of the health hazards(s) and 

precautionary measure(s), if any, identified in paragraph (g) of 

this section or by the Company, for the PMN substance. 

(B) The identity by which the PMN substance may 

be commonly recognized. 

AI 
-13-

(C) A statement of the environmental hazard(s) 

and precautionary measure(s), if any, identified in paragraph (g) 

of this section, or by the Company, for the PMN substance. 

(D) A statement of exposure and precautionary 

measure(s), if any, identified in paragraph (g) of this section, 

or by the Company, for the PMN substance. 

(ii) The Company may use signs, placards, process 

sheets, batch tickets, operating procedures, or other such 

written materials in lieu of affixing labels to individual 

stationary process containers, as long as the alternative method 

identifies the containers to which it is applicable and conveys 

information specified by subparagraph (b) (1) (i) of this section. 

Any written materials must be readily accessible to the employees 

in their work areas throughout each work shift. 

(iii) The Company need not label portable containers 

into which the PMN substance is transferred from labeled 

containers, and which are intended only for the immediate use of 

the employee who performs the transfer. 

(iv) The Company shall not remove or deface an 

existing label on containers of the PMN substance obtained from 

persons outside the Company unless the container is immediately 

relabeled with the information specified in subparagraph 

(b)(l) (i) of this section. 

(2) The Company shall ensure that each container of the 

substance leaving its workplace for distribution in commerce is 

labeled in accordance with this subparagraph (b) (2). 
-14-

(i) The label shall, at a minimum, contain the 

following information: 

(A) The information prescribed in subparagraph 

(b)(l) (i) of this section. 

(B) The name and address of the manufacturer or a 

responsible party who can provide additional information on the 

substance for hazard evaluation and any appropriate emergency 

procedures. 

(ii) The label shall not conflict with the 

requirements of the Hazardous Materials Transportation Act (18 

u.s.c. 1801 et. seq.) and regulations issued under that Act by 

the Department of Transportation. 

(3) The label, or alternative forms of warning, shall be 

legible and prominently displayed. 

(4) The label, or alternative forms of warning, shall be 

printed in English; however, the information may be repeated in 

other languages. 

(5) If the label or alternative form of warning is to be 

applied to a mixture containing the PMN substance in combination 

with any other substance that is either subject to another TSCA 

section 5(e) Order applicable to the Company, or subject to a 

TSCA section 5(a) (2) SNUR at 40 CFR Part 721, subpart E, or 

defined as a "hazardous chemical" under the Occupational Safety 

and Health Administration (OSHA) Hazard Communication Standard 

(29 CFR 1900.1200), the Company may prescribe on the label, MSDS, 

or alternative form of warning, the measures to control worker 

exposure or environmental release which the Company determines 
-15-

provide the greatest degree of protection. However, should these 

control measures differ from the applicable measures required 

under this Order, the Company must seek a determination of 

equivalency for such alternative control measures pursuant to 40 

CFR 721.30 before prescribing them under this subparagraph 

(b)(5). 

(c) Material Safety Data Sheets. 

(1) The Company must obtain or develop an MSDS for the PMN 

substance. 

(2) The MSDS shall contain, at a minimum, the following 

information: 

(i) The identity used on the container label of the 

PMN substance under this section, and, if not claimed 

confidential, the chemical and common name of the PMN substance. 

If the chemical and common name are claimed confidential, a 

generic chemical name must be used. 

(ii) Physical and chemical characteristics of the 

substance known to the Company, (e.g., vapor pressure, flash 

point). 

(iii) The physical hazards of the substance known to 

the Company, including the potential for fire, explosion, and 

reactivity. 

(iv) The potential human hazards as specified in 

paragraph (g) of this section. 
-16-

(v) signs and symptoms of exposure, and any medical 

conditions which are expected to be aggravated by exposure to the 

PMN substance known to the Company. 

(vi) The primary routes of exposure to the PMN 

substance. 

(vii) Precautionary measures to control worker 

exposure and/or environmental release required by this Order, or 

alternative control measures which EPA has determined under 40 

CFR 721.30 provide substantially the same degree of protection as 

the identified control measures. 

(viii) Any generally applicable precautions for safe 

handling and use of the PMN substance which are known to the 

Company, including appropriate hygienic practices, protective 

measures during repair and maintenance of contaminated equipment, 

and procedures for response to spills and leaks. 

(ix) Any generally applicable control measures which 

are known to the Company, such as appropriate engineering 

controls, work practices, or personal protective equipment. 

(x) Emergency first aid procedures known to the 

Company. 

(xi) The date of preparation of the MSDS or of its 

last revision. 

(xii) The name, address, and telephone number of the 

Company or another responsible party who can provide additional 

information on the chemical substance and any appropriate 

emergency procedures. 
-17-

(3) If no relevant information is found or known for any 

given category on the MSDS, the Company must mark the MSDS to 

indicate that no applicable information was found. 

(4) Where multiple mixtures containing the PMN substance 

have similar compositions (i.e., the chemical ingredients are 

essentially the same, but the specific composition varies from 

mixture to mixture) and similar hazards, the Company may prepare 

one MSDS to apply to all of these multiple mixtures. 

(5) If the Company becomes aware of any significant new 

information regarding the hazards of the PMN substance or ways to 

protect against the hazards, this new information must be added 

to the MSDS within 3 months from the time the Company becomes 

aware of the new information. If the PMN substance is not being 

manufactured, imported, processed, or used in the Company's 

workplace, the Company must add the new information to the MSDS 

before the PMN substance is reintroduced into the workplace. 

(6) The Company must ensure that persons receiving the PMN 

substance from the Company are provided an appropriate MSDS with 

their initial shipment and with the first shipment after an MSDS 

is revised. The Company may either provide the MSDS with the 

shipped containers or send it to the person prior to or at the 

time of shipment. 

(7) The Company must maintain a copy of the MSDS in its 

workplace, and must ensure that it is readily accessible during 

each work shift to employees when they are in their work areas. 

(8) The MSDS may be kept in any form, including as 

operating procedures, and may be designed to cover groups of 
-18-

substances in a work area where it may be more appropriate to 

address the potential hazards of a process rather than individual 

substances. However, in all cases, the required information must 

be provided for the PMN substance and must be readily accessible 

during each work shift to employees when they are in their work 

areas. 

(9) The MSDS must be printed in English; however, the 

information may be repeated in other languages. 

(d) Employee information and training. The Company must ensure 

that employees are provided with information and training on the 

PMN substance. This information and training must be provided at 

the time of each employee's initial assignment to a work area 

containing the PMN substance and whenever the PMN substance is 

introduced into the employee's work area for the first time. 

(1) The information provided to employees under this 

paragraph shall include: 

(i) The requirements of this section. 

(ii) Any operations in the work area where the PMN 

substance is present. 

(iii) The location and availability of the written 

hazard communication program required under paragraph (a) of this 

section, including the list of substances required by 

subparagraph (a) {1) of this section and MSDSs required by 

paragraph (c) of this section. 

{2) The training provided to employees shall include: 

(i) Methods and observations that may be used to 

detect the presence or release of the PMN substance in or from an 
-19-' 

employ~e•s work area (such as monitoring conducted by the 

Company, continuous monitoring devices, visual appearance, or 

odor of the substance when being released). 

(ii) The potential human health and environmental 

hazards of the PMN substance as specified in paragraph (g) of 

this section. 

(iii) The measures employees can take to protect 

themselves and the environment from the PMN substance, including 

specific procedures the Company has implemented to protect 

employees and the environment from exposure to the PMN substance, 

including appropriate work practices, emergency procedures, 

personal protective equipment, engineering controls, and other 

measures to control worker exposure and/or environmental release 

required under this Order, or alternative control measures which 

EPA has determined under 40 CFR 721.30 provide the same degree of 

protection as the specified control measures. 

(iv) The requirements of the hazard communication 

program developed by the Company under this section, including an 

explanation of the labeling system and the MSDS required by this 

section and guidance on obtaining and using appropriate hazard 

information. 

(e) Low concentrations in mixtu~es. If the PMN substance is 

present in the work area only as a mixture, the Company is exempt 

from the provisions of this section if the concentration of the 

PMN substance in the mixture does not exceed 1.0 percent by 

weight or volume, or 0.1 percent by weight or volume if paragraph 
-20-

(g) of this section identifies cancer as a potential human health 

hazard of the PMN substance. However, this exemption does not 

apply if the Company has reaso~ to believe that during intended 

use or processing in the work area, the PMN substance in the 

mixture may be reconcentrated above the 1.0 or 0.1 percent level, 

whichever is applicable. 

(f) Existing hazard communication program. The Company need not 

take additional actions if existing programs and procedures 

satisfy the requirements of this section. 

(g) Human health. exposure. and precautionary statements. The 

following human health hazard and precautionary statements shall 

appear on each label as specified in paragraph (b) and the MSDS 

as specified in paragraph (c) of this section: 

(1) Human health hazard statements. This substance may 

cause: 

(i) internal organ effects. 

(2) Human hazard precautionary statements. When using this 

substance: 

(i) avoid skin contact. 

(ii) use skin protection. 

(3) The human hazard and precautionary statement contained 

on a label prepared pursuant to paragraph (b) of this section 

must be followed by the statement: "See the MSDS for details." 
-21-

KABUPACTQRING 

(a) (1) The Company shall not cause, encourage, or suggest the 

manufacture or import of the PMN substance by any other person. 

(2) Subparagraph (a) (1) shall expire 75 days after 

promulgation of a final significant new use rule ("SNUR11 ) 

governing the PMN substance under section 5(a) (2) of TSCA unless 

the.Company is notified on or before that day of an action in a 

Federal Court seeking judicial review of the SNUR. If the 

Company is so notified, subparagraph (a) (1) shall not expire 

until EPA notifies the Company in writing that all Federal Court 

actions involving the SNUR have been resolved and the validity of 

the SNUR affirmed. 

(3) When EPA promulgates a final SNUR for the PMN substance 

and subparagraph (a) (1) expires in accordance with subparagraph 

(a)(2), the Company shall notify each person whom it causes, 

encourages or suggests to manufacture or import the PMN substance 

of the existence of the SNUR. Such notification must be in 

writing and must specifically include all limitations contained 

in the SNUR which are defined as significant new uses, and which 

would invoke significant new use notification to EPA for the PMN 

substance. such notice must also reference the publication of 

the SNUR for this PMN substance in either the Federal Register or 

the Code of Federal Regulations. 

DISTRIBtzTION 

(a) Except as provided in paragraph (b), the company shall 

distribute the PMN substance outside the Company, including for 
-22-

disposal, only to a person who has been notified of the 

restrictions and agrees prior to the date of distribution, to: 

(1) Comply with the same requirements and restrictions, if 

any, required of the Company in the Protection in the Workplace 

section of this Order. 

(2) Comply with the same requirements and restrictions, if 

any, required of the Company in the Hazard Communication Program 

section of this Order. 

(b) Notwithstanding paragraph (a), the Company may distribute 

the PMN substance outside the Company for temporary transport and 

storage in sealed containers (labelled in accordance with 

paragraph (b)(2) of the Hazard Communication Program section of 

this Order) provided that any human exposure from opening the 

container and removing or washing out the PMN substance may occur 

only while the PMN substance is in the possession and control of 

the Company or a person authorized to receive the PMN substance 

from the Company pursuant to this Distribution section of this 

Order. 

(c) If, at any time after commencing distribution in commerce of 

the PMN substance, the Company obtains knowledge that a r~cipient 

of the substance has failed to comply with any of the conditions 

specified in paragraph (a) of this Distribution section or, after 

paragraph (a) (1) expires in accordance with subparagraph (d) (1), 

has engaged in a significant new use of the PMN substance (as 

defined in 40 CFR Part 721, Subpart E) without submitting a 
-23-

signiffcant new use notice to EPA, the Company shall cease 

supplying the substance to that recipient, unless the Company is 

able to document each of the following: 

(1) That the Company has, within 5 working days, notified 

the recipient in writing that the recipient has failed to comply 

with any of the conditions specified in paragraph (a) of this 

Distribution section, or has engaged in a significant new use of 

the PMN substance without submitting a significant new use notice 

to EPA. 

(2) That, within 15 working days of notifying the recipient 

of the noncompliance, the Company received from the recipient, in 

writing, a statement of assurance that the recipient is aware of 

the terms of paragraph (a) of this Distribution section and will 

comply with those terms, or is aware of the terms of the 

significant new use rule for the PMN substance and will not 

engage in a significant new use without submitting a significant 

new use notice to EPA. 

(3) If, after receiving a statement of assurance from a 

recipient under subparagraph (c) (2) of this Distribution section, 

the Company obtains knowledge that the recipient has failed to 

comply with any of the conditions specified in paragraph (a) of 

this Distribution section, or has engaged in a significant new 

use of the PMN substance without submitting a significant new use 

notice to EPA, the Company shall cease supplying the PMN 

substance to that recipient, shall notify EPA of the failure to 

comply, and shall resume supplying the PMN substance to that 

recipient only upon written notification from the Agency. 
i. 

-24-

(d)(1) Paragraph (a) (1) of this Distribution section shall 

expire 75 days after promulgation of a final SNUR for the PMN 

substance under section 5(a) (2) of TSCA, unless the Company is 

notified on or before that day of an action in a Federal Court 

seeking judicial review of the SNUR. If the Company is so 

notified, paragraph (a) (1) of this Distribution section shall not 

expire until EPA notifies the Company in writing that all Federal 

Court actions involving the SNUR have been resolved and the 

validity of the SNUR affirmed. 

(2} When EPA promulgates a final SNUR for the PMN substance 

and paragraph (a} (1} of this Distribution section expires in 

accordance with subparagraph (d)(1}, the Company shall notify 

each person to whom it distributes the PMN substance of the 

existence of the SNUR. Such notification must be in writing and 

must specifically include all limitations contained in the SNUR 

which are defined as significant new uses, and which would invoke 

significant new use notification to EPA for the PMN substance. 

Such notice must also reference the publication of the SNUR for 

this PMN substance in either the Federal Register or the Code of 

Federal Regulations. After promulgation of a SNUR and expiration 

of subparagraph (a} (1}, such notice may substitute for the 

written agreement required in the introductory clause of 

paragraph (a}; so that, if the Company provides such notice to 

the persons to whom it distributes the PMN substance, then the 

Company is not required to obtain from such persons the written 

agreement specified in paragraph (a). 
-25-

II. RECORDKEEPING 

(a) The Company shall maintain the following records until 

5 years after the date they are created and shall make them 

available for inspection and copying by EPA in accordance with 

section 11 of TSCA: 

A. RECOROS 

(1) Records documenting the aggregate manufacture and 

importation volume of the PMN substance and the corresponding 

dates of manufacture and import; 

(2) Records documenting the names and addresses (including 

shipment destination address, if different) of all persons 

outside the site of manufacture or import to whom the Company 

directly sells or transfers the PMN substance, the date of each 

sale or transfer, and the quantity of the substance sold or 

transferred on such date; 

(3) Records documenting that all persons outside the site of 

manufacture or import to whom the company directly sells or 

transfers the PMN substance have been notified of the 

restrictions applicable to the PMN substance pursuant to the 

Protection in the Workplace and Hazard Communication Program 

sections of the Order; 

(4) Records documenting establishment and implementation of 

a program for the use of any applicable personal protective 

equipment required pursuant to the Protection in the Workplace 

section of this Order; 
-26-

(5) Records documenting the determinations required by the 

Protection in the Workplace section of this Order that chemical 

protective clothing is impervious to the PMN substance; 

(6) Records required by paragraph F. of the New Chemical 

Exposure Limits section of this Order, if applicable; 

(7) Records documenting establishment and implementation of 

the hazard communication program required by the Hazard 

Communication Program section of this Order; 

(8) Copies of labels required under the Hazard 

Communication Program section of this Order; 

(9) Copies of material safety data sheets required by the 

Hazard Communication Program section of this Order; 

(10) Records documenting compliance with any applicable 

manufacturing and distribution restrictions in the Manufacturing 

and Distribution sections of this Order; 

(11) Copies of any Transfer Documents and notices required 

by the Successor Liability section of this Order, if applicable; 

and 

(12) The Company shall keep a copy of this Order at each of 

its sites where the PMN substance is manufactured, imported, 

processed or used. 

B. APPLICABILITY 

The provisions of this Recordkeeping Section are applicable 

only to activities of the Company and not to activities of the 

Company's customers. 
-27-

III. SUCCESSOR LIABILITY QPON TBANSFER OF CONSENT OROER 

(a) Scope. This section sets forth the procedures by which the 

Company's rights and obligations under this Order may be 

transferred when the Company transfers its interests in the PMN 

substance, including the right to manufacture the PMN substance, 

to another person outside the Company (the 11Successor in 

Interest 11 ) • 

(b) Relation of Transfer Date to Notice of Commencement ( 11NQC11 ). 

(1) Before NQC. If the transfer from the Company to the 

Successor in Interest is effective before EPA receives a notice 

of commencement of manufacture or import ( 11NOC11 ) for the PMN 

substance from the Company pursuant to 40 CFR 720.102, the 

Successor in Interest must submit a new PMN to EPA and comply 

fully with Section S(a) (1) of TSCA and 40 CFR part 720 before 

commencing manufacture or import of the PMN substance. 

(2) After NOC. If the transfer from the Company to the 

Successor in Interest is effective after EPA receives a NOC, the 

Successor in Interest shall comply with the terms of this Order 

and is not required to submit a new PMN to EPA. 

(c) Definitions. The following definitions apply to this 

Successor Liability section of the Order: 

(1) 11 Successor in Interest11 means a person outside the 

Company who has acquired the Company's full interest in the 

rights to manufacture the PMN substance, including all ownership 
-28-

rights' and legal liabilities, through a transfer document signed 

by the Company, as transferor, and the successor in Interest, as 

transferee. The term excludes persons who acquire less than the 

full interest of the Company in the PMN substance, such as a 

licensee who has acquired a limited license to the patent or 

manufacturing rights associated with the PMN substance. A 

successor in Interest must be incorporated, licensed, or doing 

business in the United States in accordance with 40 CFR 

720.22(3). 

(2) "Transfer Document" means the legal instrument(s) used 

to convey the interests in the PMN substance, including the right 

to manufacture the PMN substance, from the Company to the 

successor in Interest. 

(d) Notices. 

(1) Notice to Successor in Interest. On or before the 

effective date of the transfer, the Company shall provide to the 

Successor in Interest, by registered mail, a copy of the Consent 

Order and the "Notice of Transfer" document which is incorporated 

by reference as Attachment c to this Order. 

(2) Notice to EPA. Within 10 business days of the 

effective date of the transfer, the Company shall, by registered 

mail, submit the fully executed Notice of Transfer document to: 

u.s. Environmental Protection Agency, New Chemicals Branch 

(7405), 401 M Street, s.w., Washington, D.C. 20460. 

(3) Transfer Document. Copies of the Transfer Document 

must be maintained by the Successor in Interest at its principal 
-29-

piace of business, and at all sites where the PMN substance is 

manufactured or imported. Copies of the Transfer Document must 

also be made available for inspection pursuant to Section 11 of 

TSCA, must state the effective date and time of transfer, and 

must contain provisions which expressly transfer liability for 

the PMN substance under the terms of this Order from the Company 

to the Successor in Interest. 

(e) Liability. 

(1) The company shall be liable for compliance with the 

requirements of this Order until the effective date and time of 

the transfer described above. 

(2) The successor in Interest shall be liable for 

compliance with the requirements of this Order effective as of 

the date and time of transfer. 

(3) Nothing in this section shall be construed to prohibit 

the Agency from taking enforcement action against the Company 

after the effective date of the transfer for actions taken, or 

omissions made, during the time in which the Company 

manufactured, processed, used, distributed in commerce, or 

disposed of the PMN substance pursuant to the terms of this 

Consent Order. 

(f) Obligations to Submit Test Data under Consent Order. If 

paragraph (d) of the Testing section of this Consent Order 

requires the Company to submit test data to EPA at a specified 

production volume ("test trigger"), the aggregate volume of the 
-30-

PMN sunstance manufactured and imported by the Company up to the 

date of transfer shall count towards the test trigger applicable 

to the Successor in Interest. 

IV. MOPIFICATION AND REVOCATION OF CONSENT ORDER 

The Company may petition EPA at any time, based upon new 

information on the health or environmental effects of, human 

exposure to, or environmental release of, the PMN substance, to 

modify or revoke substantive provisions of this Order. The 

exposures and risks identified by EPA during its review of the 

PMN substance and the information EPA determined to be necessary 

to evaluate those exposures and risks are described in the 

preamble to this Order. However, in determining whether to amend 

or revoke this Order, EPA will consider all relevant information 

available at the time the Agency makes that determination, 

including, where appropriate, any reassessment of the test data 

or other information that supports the findings in this Order, an 

examination of new test data or other information or analysis, 

and any other relevant information. 

EPA will issue a modification or revocation if EPA 

determines that the activities proposed therein will not present 

an unreasonable risk of injury to health or the environment and 

will not result in significant or substantial human exposure or 

substantial environmental release in the absence of data 

sufficient to permit a reasoned evaluation of the health or 

environmental effects of the PMN substance. 
-31-

Iri addition, the Company may petition EPA at any time to 

make other modifications to the language of this Order. EPA will 

issue such a modification if EPA determines that the 

modification is useful, appropriate, and consistent with the 

structure and intent of this Order as issued. 
-32-

V. EFFECT OF CONSENT OROER 

By consenting to the entry of this Order, the Company waives 

its rights to file objections to this Order pursuant to section 

S(e) (1) (C) of TSCA, to receive service of this Order no later 

than 45 days before the end of the review period pursuant to 

section S(e) (1) (B) of TSCA, and to challenge the validity of this 

Order, or modifications made thereto, in any subsequent action. 

Consenting to the entry of this Order, and agreeing to be bound 

by its terms, does not constitute an admission by the Company as 

to the facts or conclusions underlying the Agency's 

determinations in this proceeding. This waiver does not affect 

any other rights that the Company may have under TSCA. 

~(1/8'(; l Date 

tf1chemical Control D1vision 

Office of Pollution Prevention 

and Toxics 

/. 

Name: t 

Title: 

Company: 
ATTACHMENT A 

DE:PIHITIOHS 

[Bote: The attached order may not contain some of the terms 

defined below.] 

"Chemical name" means the scientific designation of a 

chemical substance in accordance with the nomenclature system 

developed by the International Union of Pure and Applied 

Chemistry or the Chemical Abstracts Service's rules of 

nomenclature, or a name which will clearly identify a chemical 

substance for the purpose of conducting a hazard evaluation. 

"Chemical protective clothing" means items of clothing that 

provide a protective barrier to prevent dermal contact with 

chemical substances of concern. Examples can include, but are 

not limited to: full body protective clothing, boots, coveralls, 

gloves, jackets, and pants. 

"Company" means the person or persons subject to this Order. 

"Commercial use" means the use of a chemical substance or 

any mixture containing the chemical substance in a commercial 

enterprise providing saleable goods or a service to consumers 

(e.g., a commercial dry cleaning establishment or painting 

contractor). 

"Common name" means any designation or identification such 

as code name, code number, trade name, brand name, or generic 

chemical name used to identify a chemical substance other than by 

its chemical name. 

"Consumer" means a private individual who uses a chemical 

substance or any product containing the chemical substance in or 

around a permanent or temporary household or residence, during 

recreation, or for any personal use or enjoyment. 

"Consumer product" means a chemical substance that is 

directly, or as part of a mixture, sold or made available to 

consumers for their use in or around a permanent or temporary 

household or residence, in or around a school, or in recreation. 

"Container" means any bag, barrel, bottle, box, can, 

cylinder, drum, reaction vessel, storage tank, or the like that 

contains a hazardous chemical. For purposes of this section, 

pipes or piping systems, and engines, fuel tanks, or other 

operating systems in a vehicle, are not considered to be 

containers. 

"Contract Manufacturer" means a person, outside the 

Company, who is authorized to manufacture and import the PMN 

substance under the conditions specified in Part II. of this 

consent Order and in the Consent Order for Contract Manufacturer. 
-2-

"Identity" means any chemical or common name used to 

identify a chemical substance or a mixture containing that 

substance. 

"Immediate use.'' A chemical substance is for the "immediate 

use" of a person if it is under the control of, and used only by, 

the person who transferred it from a labeled container and will 

only be used by that person within the work shift in which it is 

transferred from the labelled container. 

11 Impervious. 11 Chemical protective clothing is 11 impervious 11 

to a chemical substance if the substance causes no chemical or 

mechanical degradation, permeation, or penetration of the 

chemical protective clothing under the conditions of, and the 

duration of, exposure. 

"Manufacturing stream" means all reasonably anticipated 

transfer, flow, or disposal of a chemical substance, regardless 

of physical state or concentration, through all intended 

operations of manufacture, including the cleaning of equipment. 

"MSDS" means material safety data sheet, the written listing 

of data for the chemical substance as required under§ 721.72(c). 

''NIOSH" means the National Institute for Occupational Safety 

and Health of the u.s. Department of Health and Human Services. 

"Non-enclosed process" means any equipment system (such as 

an open-top reactor, storage tank, or mixing vessel) in which a 

chemical substance is manufactured, processed, or otherwise used 

where significant direct contact of the bulk chemical substance 

and the workplace air may occur. 

"Non-industrial use" means use other than at a facility 

where chemical substances or mixtures are manufactured, imported, 

or processed. 

"PMN substance" means the chemical substance described in 

the Premanufacture notice submitted by the Company relevant to 

this Order. 

"Personal protective equipment" means any chemical 

protective clothing or device placed on the body to prevent 

contact with, and exposure to, an identified chemical substance 

or substances in the work area. Examples include, but are not 

limited to, chemical protective clothing, aprons, hoods, chemical 

goggles, face splash shields, or equivalent eye protection, and 

various types of respirators. Barrier creams are not included in 

this definition. 

"Process stream" means all reasonably anticipated transfer, 

flow, or disposal of a chemical substance, regardless of physical 
-3-

state or concentration, through all intended operations of 

processing, including the cleaning of equipment. 

"Scientifically invalid" means any significant departure 

from the EPA-approved protocol or the Good Laboratory Practice 

standards at 40 CFR Part 792 without prior or subsequent Agency 

approval that prevents a reasoned evaluation of the health or 

environmental effects of the PMN substance. 

"Scientifically equivocal data" means data which, although 

developed in apparent conformity with the Good Laboratory 

Practice standards and EPA-approved protocols, are inconclusive, 

internally inconsistent, or otherwise insufficient to permit a 

reasoned evaluation of the potential risk of injury to human 

health or the environment of the PMN substance. 

"Sealed container" means a closed container that is 

physically and chemically suitable for long-term containment of 

the PMN substance, and from which there will be no human exposure 

to, nor environmental release of, the PMN substance during 

transport and storage. 

"Use stream" means all reasonably anticipated transfer, 

flow, or disposal of a chemical substance, regardless of physical 

state or concentration, through all intended operations of 

industrial, commercial, or consumer use. 

"Waters of the United States" has the meaning set forth in 

40 CFR 122.2. 

"Work area" means a room or defined space in a workplace 

where the PMN substance is manufactured, processed, or used and 

where employees are present. 

"Workplace" means an establishment at one geographic 

location containing one or more work areas. 
ATTACHMENT B 

NOTICE OP TRANSPER 

OP 

TOXIC SUBSTANCES CONTROL ACT 

SECTION S(e) CONSENT ORDER 

Company (Transferor) PMN Number 

1. Transfer of Manufacture Rights. Effective on , the Company did sell or otherwise transfer to -------- I ("Successor in Interest n) the 

r1ghts and liab1l1t1es associated with manufacture of the abovereferenced chemical substance, which was the subject of a 

premanufacture notice (PMN) and is governed by a Consent Order 

issued by the u.s. Environmental Protection Agency (EPA) under 

the authority of §5(e) of the Toxic Substances Control Act (TSCA, 

15 u.s.c. §2604(e)). 

2. Assumption of Liability. The Successor in Interest hereby 

certifies that, as of the effective date of transfer, all actions 

or omissions governed by the applicable Consent Order limiting 

manufacture, processing, use, distribution in commerce and 

disposal of the PMN substance, shall be the responsibility of the 

Successor in Interest. Successor in Interest also certifies that 

it is incorporated, licensed, or doing business in the United 

states in accordance with 40 CFR 720.22(3). 

3. Confidential Business Information. The Successor in Interest 

hereby: 

reasserts, 

relinquishes, or 

modifies 

all Confidential Business Information (CBI) claims made by the 

Company, pursuant to Section 14 of TSCA and 40 CFR part 2, for 

the PMN substance(s). Where "reasserts" or "relinquishes" is 

indicated, that designation shall be deemed to apply to all such 

claims. Where "modifies" is indicated, such modification shall 

be explained in detail in an attachment to this Notice of 

Transfer. 
TOXIC SUBSTANCES CONTROL ACT 

SECTION S(e) CONSENT ORDER 

NOTICE OF TRANSFER 

(continued) 

Company (Transferor) 

Signature of Author1zed Off1c1al 

Printed Name of Author1zed Off1cial 

Title of Authorized Ofif~cial 

1'' 

successor in 

U• .,_,. ': 

{~ ~c·.·, ~" .r. j ~ ~.'.:; l ·~~: 1 '. · · · 

. '. ' 

. • ~ '+ . • • .,.._;.· ; .•. 

PMN Number 

Date 

1 

.,.... ) ~ ~ ~ ..... , .-· . ·--~ 

Intl)VJ 9 ~ ·f J ., •. ' v rt ! ;~ L ~. l) ' 

signature of Authorized Ofijj@ Date 

Printed Name of Author1zed Official 

T1tle of Authorized Official 

Address 

City, State, Zip Code 

successor's Technical contact 

Address 

city, State, Zip Code 

Phone