## TSCA Section 5(e) Modified Consent Order and Determinations Supporting Consent Order

Premanufacture Notice (PMN) P-95-1098UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF POLLUTION PREVENTION AND TOXICS
REGULATION OF A NEW CHEMICAL SUBSTANCE
PENDING DEVELOPMENT OF INFORMATION

In the matter of: ) Premanufacture Notice Number:

) ) ) ) ) Cytec Industries, Inc. ) P-95-1098 ) ) ) ) )

_________________________________________________________________

Modified Consent Order and Determinations Supporting Consent Order

_________________________________________________________________ii TABLE OF CONTENTS Preamble I. Introduction II. Summary of Terms of the Order III. Contents of PMN IV. EPA’s Assessment of Risk V. EPA’s Conclusions of Law

Modified Consent Order

I Scope of Applicability and Exemptions II. Terms of Manufacture, Impor t, Processing, Distribution in Commerce, Use, and Disposal Pending Submission and Evaluation of Information III. Recordkeeping IV. Requests for Pre-Inspection Information V. Successor Liability Upon Transfer of Consent Order VI. Modification and Revocation of Consent Order VII. Effect of Consent Order Attachment A - Definitions Attachment B - Statistical An alysis of NCELs Analytical Method Verification Results Attachment C - Notice of Transfer of Consent Orderiii 

## PREAMBLE

I. INTRODUCTION Under the authority of § 5(e) of the Toxic Substances Control Act (“TSCA”) (15 U.S.C. 2604(e)), the Environmental Protection Agency (“EP A” or “the Agency”) issues the attached Modified Order regarding premanufacture notic e (“PMN”) P-95-1098 for the chemical substance [ ] (the “PMN substance”) submitted by Cytec Industries, Inc. (“the Comp any”) to take effect upon signature by both parties. The Company submitted the PMN to EPA pursuant to section 5(a)(1) of TSCA and 40
CFR Part 720. The original Consent Order became effective on April 29, 1997. It prohibits the manufacture and importation of the PMN substance beyond the volume of [ ] unless Cytec Industries Incorporat ed conducts and submits the pren atal developmental toxicity study identified in the Testing sect ion of the Order. In addition, the Release to Water section of the Order prohibits any purposeful release of the PMN substance which would result in surface water concentrations exceeding 40 parts per billi on (ppb). The Order did not require submission of a daphnid chronic toxicity test or the fish early-life stage toxicity test but recommended that these tests would provide relevant information to address potential environmental effects. Based on the test data indicat ing that the PMN substance may present an unreasonable risk of injury to human health, EPA is now modi fying the current 5(e) Consent Order to reflect the risk-based human health findings. Paragraph VI. (Information Required To Evaluate Environmental Effects) in the Preamble and the entire Testing section have be en removed from the Order. Paragraphs (g)(1) and (g)(2) (Environmental hazard, exposure, and precautionary statements) have been removediv from the Hazard Communication Program section and paragraphs (f)(1)(ii), (f)(1)(iv), (f)(1)(ix), (f)(2)(ii) and (f)(2)(iv ) will be added to the Hazard Communication Program section. The Protection in the Workplace section, New Chemi cal Exposure Limit section and Attachment B Statistical Analysis of NCEL Anal ytical Method Verification Results has been added to the Order. The Recordkeeping section of the Order has been amended to: (a) remove all provisions pertaining to concerns for dis posal and release to water and (b) add provisions for personal protective equipment and hazard communication.

II. SUMMARY OF TERMS OF THE ORDER The Consent Order for this PMN substance requires the Company to: (1) provide its workers respirator s to prevent inhalation exposure; (2) as an alternative to using respirators, ma intain workplace airborne concentrations of the PMN substance at or below a specified New Chemical Exposure Limit (“NCEL”) of 1.0 mg/m 3 , verified by actual exposure monitoring data (T o pursue this option, a sampling and analytical method must be developed by the Company, verifi ed by an independent third-party laboratory, and submitted to EPA.); (3) label the PMN substance and provide Materi al Safety Data Sheets (“MSDS”) and worker training in accordance with the provisions of the Hazard Communication Program section; and (4) maintain certain records.
III. CONTENTS OF PMN By signing this Order, the Company represen ts that it has carefully reviewed this document and agrees that all info rmation herein that is claime d as confidential by the Company is correctly identified within brackets and that any information that is not bracketed is notv claimed as confidential. To make this docum ent available for public viewing, EPA will remove only the information contai ned within the brackets.

Confidential Business Information Claims (Bracketed in the Preamble and Order) : Specific chemical identity, production volume, specific use, processing information, and other information. Chemical Identity: Specific: [ ] Generic: Tris carbamoyl Triazine.

Use : Specific: [ [ ] Generic: Crosslinking resin. Maximum 12-Month Production Volume : [ ] kilograms per year. Test Data Submitted with PMN : Physical and chemical properties (including IR, H1 NMR and C13 MNR Spectra); acute oral toxicity in rats—no deaths at 5,000 mg/kg, lethargy, flaccid muscle tone, ataxia, prostrati on, negative righting reflex, pilo erection; acute dermal/ocular irritation study in rabbits —no deaths or signs of toxicity at 2,000 mg/kg, non-irritating to skin and eyes negative in mouse ear sw elling test; negative Ames assay. In addition , negative in an in vitro chromosomal aberration assay; negative in the mouse micronucleus assay; no significant biodegradation was observed in a Modified Sturm and MITI 29 biodegradation assays; no significant bioaccumulation in a MITI compliant bioaccumulation study; acute toxicity to green algae was 72 hours EC50 = 16.0 mg/L based on bi omass as cells/mL or 19.0 mg/L based onvi biomass as area under the growth curve and 72 hour Er50 = 114.8 mg/L based on growth rate; acute toxicity to rainbow trout 96 hour LC50 = 4.4 mg/L; the acute toxicity to daphnia magna 48 hour EC50 = 19.4 mg/L; a 28-day re peated dose study in the rat which included a Functional Observation Battery (FOB) analysis demonstrated no indications of neurot oxicity and established a NOEL of 15 mg/kg/day.

IV. EPA’S ASSESSMENT OF RISK The following are EPA’s predictions regard ing the probable human and environmental toxicity, human exposure and environmental re lease of the PMN substance, based on the information currently available to the Agency. Human Health Effects Summary: Absorption: Absorption is expected to be nil through the skin base d on physical/chemical properties and moderate through th e lungs and GI tract based on st ructurally similar [ . Toxicological Endpoints of Concern: The PMN pos es a risk of systemic toxicity to workers being exposed via inhalation to the PMN substance. Basis: The Company submitted a prenatal developmen tal toxicity study to EPA for review. EPA determined that the prenatal developmental toxicity study was scientifically valid. The prenatal developmental toxicity study showed a no observable effect level (NOEL) of 30 and 1,000 mg/kg/day for maternal and fe tal toxicity, respectively. Duri ng the initial review of the PMN, the Company submitted a 28-day rat study which showed a NOEL and lowest observable effect level (LOEL) of 15 and 150 mg/kg/day, re spectively, for systemic effects. The risk associated with occupational inhalation exposure to the PMN substance was calculated using thevii prenatal developmental toxicity study and the 28 -day rat study on the PMN substance. In the absence of protective equipment, [ ] use worker s are expected to be involved in any hands-on “touch-up” spray applications that would occur less than [ ] per year. When the NOELs of 15, 30, and 1,000 mg/kg/day are divided by pred icted workers exposure of 30 mg/day, EPA calculates margins of exposure (MOEs) of 35, 70 and 2,300, respectively, based on the supposition of 5 days week inha lation exposure. The calculated MOEs of 35 (maternal toxicity) and 70 (systemic effects) are below the MOE of 100 that EPA considers safe when calculated based on a NOEL. Environmental Effects Summary: Based on structurally similar [ ], duri ng the initial review, the concentration of concern (COC) was established at 40 parts per billion (ppb). The company submitted the chronic daphnid and fi sh early life stage toxicity studies to EPA for review. EPA has determined that the studi es were scientifically valid. The results of chronic daphnid and fish early life stage studies show ed that fish were the most sensitive species. EPA established a new COC at 66 ppb of the PMN substance in surface waters. EPA performed an e-fast model indicating that releases of th e PMN substance to surface waters will not exceed the new COC. Thus the Agency does not expect th e PMN substance to pose a significant risk to the aquatic environment, and therefore, is removing release to water restrictions from the Order. Exposure and Environmental Release Summary:

Manufacture Process Use 1 Use 2

# Sites

Workers (#/site)viii Exposure (days/year) Dermal Exposure (mg/day) < 1950 < 1950 < 741 < 78 Inhalation Exposure (mg/day) Negligible Negligible < 30 Negligible

Risk to Workers: The PMN substance poses a risk of systemic toxicity to use workers being exposed via inhalation to workers being exposed duri ng [

. NIOSH Assigned Protection Factor (“APF”): 5 New Chemical Exposure Limit: 1.0 mg/m 3 as an 8-hour time-weighted average (“TWA”).

V. EPA’S CONCLUSIONS OF LAW The following findings constitute th e basis of the Consent Order: (a) EPA is unable to determine the potential fo r human health effects from exposure to the PMN substance. EPA therefore concludes, pursuant to § 5(e)(1)(A)(i) of TSCA , that the information available to the Agency is insufficient to pe rmit a reasoned evaluation of the human health effects of the PMN substance. (b) In light of the potential risk of systemic effects posed by the uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal of the PMN substance, EPA has concluded, pursuant to § 5(e )(1)(A)(ii)(I) of TSCA, that unc ontrolled manufacture, import, processing, distribution in commer ce, use, and disposal of the PMN substance may present an unreasonable risk of injury to human health.ix VI. INFORMATION REQUIRED TO EVALUATE HEALTH EFFECTS

. Pended Testing. The following additional information would be required to evaluate the following effects which may be caused by the PMN substance: Information Guidelines 90-day Subchronic Inhalation OPPTS 870.3465 Toxicity Test, Rats The Order does not require submission of the above pende d testing at any specified time or production volume. However, th e Order’s restrictions on manufacture, import, processing, distribution in commerce, use, a nd disposal of the PMN substance will remain in effect until the Order is modified or revoked by EPA based on subm ission of that or other relevant information.

.- 2 -

(2) De Minimis Concentrations . The requirements of this Order do not apply to quantities of the PMN substance that are (1) present in the work area only as a mixture and (2) at a concentration not to exceed 1.0 percent by weight or volume (0.1 percent by weight or volume if the PMN substance is identified as a potential carcinogen in paragraph (f) of the Hazard Communication Program section of this Order). This exemption is not available if the Company has reason to believe that, duri ng intended activities, the PMN s ubstance in the mixture may be reconcentrated above the 1.0 or 0.1 percent level, whichever applies. If this Order contains New Chemical Exposure Limits provisions or Release to Water provisions that, respectively, specify a NCEL concentration (“TWA”) or in-stream con centration (“N”) less than the de minimis concentration specified here, then this de mini mis exemption does not apply to those provisions. (3) Export . Until the Company begins commercial manufacture of the PMN substance for use in the United States, the requirements of this Order do not apply to ma nufacture, processing or distribution in commerce of the PMN substance solely for export in accordance with TSCA §12(a) and (b), 40 CFR 720.3(s) and 40 CFR Part 707. However, once the Company begins to manufacture the PMN substance for use in the United States, no further activity by the Company involving the PMN substance is ex empt as “solely for export” even if some amount of the PMN substance is later exported. At th at point, the requirements of this Order apply to all activities associated with the PMN substance while in the te rritory of the United States. Prior to leaving U.S. territory, even those quanti ties or batches of the PMN substa nce that are destined for export are subject to terms of the Order, and count towa rds any production volume test triggers in the Testing section of this Order.- 3 -

(4) Research & Development (“R&D”) . The requirements of this Order do not apply to manufacturing, processing, distribu tion in commerce, use and disposal of the PMN substance in small quantities solely for rese arch and development in accord ance with TSCA §5(h)(3), 40 CFR 720.3(cc), and 40 CFR 720.36. The requirements of this Order also do not apply to manufacturing, processing, distribu tion in commerce, use and disposal of the PMN substance when manufactured solely for non-commercial rese arch and development per 40 CFR 720.30(i) and TSCA §5(i). (5) Byproducts . The requirements of this Order do not apply to the PMN substance when it is produced, without separate commercial inte nt, only as a “byproduct” as defined at 40 CFR 720.3(d) and in compliance with 40 CFR 720.30(g). (6) No Separate Commercial Purpose . The requirements of this Order do not apply to the PMN substance when it is manufactured, pursuant to any of the exemptions in 40 CFR 720.30(h), with no commercial purpose separate from the substa nce, mixture, or article of which it is a part. (7) Imported Articles . The requirements of this Order do not apply to the PMN substance when it is imported as part of an “article” as defined at 40 CF R 720.3(c) and in compliance with 40 CFR 720.22(b)(1).- 4 -

II. TERMS OF MANUFACTURE, IMPORT, PROCESSING,

DISTRIBUTION IN COMMERCE, USE, AND DISPOSAL
PENDING SUBMISSION AND EVALUATION OF INFORMATION

PROHIBITION The Company is prohibited from manufactur ing, importing, processing, distributing in commerce, using, or disposing of the PMN subs tance 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 in formation, except in accordance with the conditions described in this Order.

PROTECTION IN THE WORKPLACE (a) Establishment of Program. During manufacturing, processing, and use of the PMN substance at any site controlled by the Co mpany (including any associated packaging and storage and during any cleaning or maintenance of equipment asso ciated with the PMN substance), the Company must establish a program whereby:

(1) Respiratory Protection. Each person who is reasona bly likely to be exposed by inhalation in the work area to the PMN substance in the form listed in subparagraph (a)(2) of this section, is provided with, and is required to wear, at a minimum, a National Institute for Occupational Safety and Health (“NIOSH”)-certified respirator with an Applied Protection Factor (“APF”) of 5, from the respirators listed in subparag raph (a)(3) of this secti on, and the respirator is- 5 -

used in accordance with OSHA and NIOSH re spiratory protection re quirements at 29 CFR 1910.134 and 42 CFR Part 84. All respirators must be issued, used, and maintained according to an appropriate respiratory protection program under the OSHA requirements in 29 CFR 1910.134. (2) Physical States. The following physical states of airborne chemical substances are listed for subparagraphs (a )(1) of this section: (i) Particulate (including solids or liquid droplets), (3) Authorized Respirators. The following NIOSH-certified respirators meet the minimum requirements for subparagraph (a)(1) of this section: Particulate, APF of 5 (i) Particulate/Aerosol/Mist Exposures, APF 5: (I) NIOSH-certified air-purifying, tight-f itting half-face respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters (II) NIOSH-certified air-pur ifying, tight-fitting full-f ace respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters. (III) NIOSH-certified powered air-pur ifying respirator equipped with a loose- fitting hood or helmet and high effici ency particulate air (“HEPA”) filters. (IV) NIOSH-certified powered air-pur ifying respirator equipped with a tight-fitting facepiece (eit her half-face or full-face) and HEPA filters. (V) NIOSH-certified supplied-air re spirator operated in pressure demand or continuous flow mode and equipped with a hood or helmet, or tight-fit ting facepiece (either half- face or full-face).- 6 -

NEW CHEMICAL EXPOSURE LIMIT

(a) Alternative to Requirements of Respirator Section. (1) EPA recommends and encourages the use of pollution prevention, source reduction, engineering controls and work practices, rather than respirators, as a means of controlling inhalation exposures whenever practicable. (2) Whenever a person is reasonably likel y to be exposed to the PMN substance by inhalation, as an alternative to compliance with th e respirator requirements in the Protection in the Workplace section of this Order, the Company ma y comply with the requirements of this New Chemical Exposure Limit section. However, before the Company may deviate from the respirator requirements in the Protection in the Workplace section of this Order, the Company must: (i) submit to EPA a copy of the Company’ s sampling and analytical method for the PMN substance, verified in accordance with subs ection (c)(3) of this New Chemical Exposure Limit section; (ii) obtain exposure monitoring results in accordance with this New Chemical Exposure Limit section; and (iii) based on those exposure monitoring results, select, provide, and ensure use if necessary of the appropriate respiratory protecti on specified in paragr aph (e)(2) of this New Chemical Exposure Limit section by persons who ar e reasonably likely to be exposed to the PMN substance by inhalation. (3) After appropriate respirat ory protection has been selected at a workplace based on the results of actual exposure monitoring conducted in accordance with this New Chemical Exposure- 7 -

Limit section, the Company shall not, at that wor kplace, use the respiratory protection required in the Protection in the Workplace section of this Orde r (unless it is the same as required by this New Chemical Exposure Limit section).

(b) Exposure Limit. (1) General. The following new chemical exposure limit (“NCEL”) for the PMN substance is an interim level determined by EPA based on the limited information available to the Agency at the time of development of this Order. The NCEL for the PMN substance is as follows: (i) Time-Weighted Average (“TWA”) Limit. The Company shall ensure that no person is exposed to an airborne concentra tion of the PMN substance in excess of 1.0 mg/m 3 (the NCEL) as an 8-hour time-weighted average, w ithout using a respirator in accordance with subsection (e) of this New Chemical Exposure Limit section. (ii) Non-8-Hour Work-shifts. For non-8-hour work-shifts, the NCEL for that work-shift (NCELn) shall be determined by the following equation: NCELn = NCEL x (8/n) x [(24-n)/16], where n = the number of hours in the actual work-shift. (2) Automatic Sunset. If, subsequent to the effec tive date of this Order, OSHA promulgates, pursuant to §6 of the Occupational Safety and Health Act, 29 U.S.C. 655, a final chemical-specific permissible exposure limit (“ PEL”) specifically applicable to this PMN substance and the OSHA PEL is not challenged in court within 60 days of its promulgation, then any respirator requirements in the Protection in the Workplace section of this Order and any requirements of this New Chemical Exposure Limit section applicable to workers and situations subject to the OSHA PEL shall automatically become null and void. However, the requirements of- 8 -

this Consent Order are not negated by any pre-existing OSHA PEL applicable to the PMN substance.

(c) Performance-Criteria for Sampling and Analytical Method. (1) Applicability. For initial development and valida tion of the sampling and analytical method for the PMN substance, all the requirements of this subsection (c) apply. For subsequent exposure monitoring conducted pursuant to subsecti on (d) of this New Chemical Exposure Limit section, only the following requirements apply: (c)(4)( i), (4)(ii), (4)(iv)(B), (4)(v)(B), (8), (9), and (10). Any deviation from the requirements of th is subsection (c) must be approved in writing by
EPA. (2) Submission of Verified Method and Certification Statement. The Company shall submit to EPA a copy of a validated sampling and analytical method for the PMN substance which satisfies the criteria specified in this subsection (c). The method description shall expressly state how the method compares with each quantitative requi rement specified in this subsection (c). The submission must include a written statement, sign ed by authorized officials of both the Company and the Laboratory, certifying the truth and accur acy of the independent laboratory verification conducted pursuant to subsection (c)(3). To assi st EPA in identifying the document, it shall state in a conspicuous, underlined subj ect-line at the top of the fi rst page: “NCEL Sampling and Analytical Method for PMN #

______ ,” after-which the correct PMN number for this chemical substance shall be stated.- 9 -

(3) Verification of Analytical Method by Independent Third-Party Laboratory. (i) Verification. The Company shall have an independent reference laboratory (“Laboratory”) verify the validity of the analytical method for the PMN substance, in accordance with the other requirements in th is subsection (c)(3). It is the Company’s re sponsibility to ensure that the Laboratory complies wi th all the requirements specified in this subsection (c)(3). (ii) Independent Reference Laboratory. The independent reference laboratory must be a separate and distinct pers on (as defined at 40 CFR 720.3(x)) from the Company and from any other person who may have developed the method for the Company. (iii) Accreditation. The Laboratory must be accr edited by a formally recognized government or private laboratory accreditation program for chemi cal testing and/or analysis. (iv) Good Laboratory Practice Standards. The Laboratory verification of the analytical method for the PMN substance must comply with TSCA G ood Laboratory Practice Standards (“GLPS”) at 40 CFR Part 792. [

] However, compliance with TSCA GLPS is not required under this New Chemical Exposure Limit section where the analytical method is verified by a laboratory accredited by eith er: (A) the American Industria l Hygiene Association (“AIHA”) Industrial Hygiene Laboratory Accreditation Program (“IHLAP”); or (B) another comparable program approved in advance in writing by EPA. (v) Analysis of Duplicate Samples. The Company shall collect six duplicate samples (a total of 12) at the TWA concentration. The samples shall be taken either from a- 10 -

controlled environment (e.g., a sealed chamber or “g love box”) which closely resembles the actual workplace conditions or, for solids and liquids with very low vapor pressure, by injecting the PMN substance onto a sample collection device. The duplicate samples shall be collected on identical collection media, at the same time, and under the same conditions. One set of six samples shall immediately be analyzed by the Company, the othe r set of six samples shall be analyzed by the Laboratory using the method developed by or for the Company. (vi) Sample Storage Study. If the results of the an alysis of duplicate samples pursuant to paragraph (c)(3)(v) do not satisfy the requirements in paragraph (c)(3)(vii), the Company must perform a samp le storage study as follows: (I) Triplicate Samples. The Company shall collect six triplicate samples (a total of 18) at the TWA concentration. The samp les shall be taken eith er from a controlled environment (e.g., a sealed chamber or “glove bo x”) which closely resembles the actual workplace conditions or, for solids and liquids with very low vapor pressure , by injecting the PMN substance onto a sample collection device. The triplicate samples shall be collected on identical collection media, at the same time, and under the same conditions. One set of six samples shall immediately be analyzed by the Company. (II) Analysis After Sample Storage. A sample storage evaluation shall be performed with the two remaining se ts of six samples. One set of six samples shall be analyzed by the Laboratory using the method de veloped by or for the Company, a nd the other shall be analyzed by the Company on the same day as the Laboratory an alyzes its six samples. Specialized storage- 11 -

conditions for the samples including extraction c onditions, time from sampling to extraction, time from collection or extraction (if applicable) to anal ysis and storage conditions must be specified in the method description. (vii) Comparison of Results. The difference between the results of the two sets of six samples analyzed by the Laboratory and the Co mpany as required in ei ther paragraph (c)(3)(v) or (c)(3)(vi)(II) shall be evalua ted using a two-sample t-test w ith unequal variances, and the two sides of the critical regions shall not exceed a 5% significance level. (See Attachment B - Statistical Analysis of NCELs An alytical Method Verification Resu lts.) The arithmetic mean of each set of six samples must be within 10% of the overall arithmetic mean of the two sets of sample measurements. If the arithmetic mean of each set of six samples is not within 10% of the overall arithmetic mean, then the sample storag e time between collection and analysis must be reduced until the average of each set of six sample s is within 10% of the overall arithmetic mean. (4) Accuracy. The sampling and analytical me thod must clearly demonstrate the following: (i) General. The sampling and analytical met hod, and all exposure monitoring data relied on by the Company, shall be accurate to within + 25% at a 95% confidence level for concentrations of the PMN s ubstance ranging from one half the NCEL to twice the NCEL. (ii) NCEL Quantitation Limits. The analytical method should be capable of reliably quantifying the PMN substa nce across the full range of reasonably likely exposures. At a minimum, the analytical method must be capable of reliably quantifying fr om a lower quantitation- 12 -

limit (“LQL”) of one half the NCEL to an upper qua ntitation limit (“UQL”) of at least twice the NCEL. If the Company obtains an exposure monitoring sample that is more than 10% above the actual UQL of the analytical method, the Comp any must comply with paragraph (e)(4)(i). (iii) Lower Quantitation Limit Signal-To-Noise Ratio. The analytical method shall be capable of quantifying the PMN to a concentrati on of one half the NCEL w ith a signal that is at least five times the baseline noise level. Baseline noise must be amplified to a measurable level when possible, even if the required amplificatio n is beyond that used in routine analysis of samples. (If baseline noise cannot be obtained, another reference must be selected. This may be a peak considered to be noise caused by the reagen t matrix.) The sampling preparation method must be specified and the detection limit for the analytical procedure must be reported as mass per injection for chromatographic techniques. (iv) Instrument Calibration. (I) Initial Calibration. For method development and validation (but not subsequent exposure monitoring), th e initial calibration shall at a minimum consist of five (5) calibration standards with a linear correlation of 0.95 -- these five (5) calibration standards must consist of one standard at each of the following concentrations: one half the NCEL (0.5 x NCEL); between one half and one times the NCEL (0.5 x NCEL < > 1 x NCEL); one times the NCEL (1 x NCEL); between one and two times the NCEL (1 x NCEL < > 2 x NCEL), and twice the NCEL (2 x NCEL). (II) Continuing Calibration. During each week of both method development/validation and subsequent exposure monitoring, the Company shall conduct both an initial instrument calibra tion and a continuing calibration. The Company shall perform at least one- 13 -

continuing calibration sample at the NCEL concen tration, and at least on e additional calibration sample per every 10 samples analyzed. The cont inuing calibration sample shall fall within + 25% of the initial calibration value. If not, then the in itial calibration must be repeated, and any samples associated with that outlying calib ration check must be re-analyzed. (v) Calculated Percent Recovery. (I) Initial Calculation. For method development and validation, the Company must calculate the percent of the PM N substance recovered by the analytical method from a sample containing a known quantity of th e PMN substance. The sample shall be taken either from a controlled environment (e.g., a se aled chamber or “glove box”) which closely resembles the actual workplace conditions or, for solids and liquids with very low vapor pressure, by injecting the PMN substance onto a sample collec tion device. (Such a sample is referred to as a “matrix spike”). The calculated percent recovery for each matrix spike shall be greater than or equal to 75% and less than or equal to 125%. Sp ike concentrations for the PMN substance must be included in the sampling and analytical method submitted to EPA. (II) Subsequent Calculation. During each subsequent exposure monitoring episode or campaign, at least 1 matrix spike, prepared by injecting the PMN substance onto a sample collection device, shall be analyzed. (T his matrix spike must be prepared at the NCEL concentration.) (vi) Sampling Device Capacity. The capacity of the sampling device must be tested and results reported to show under a known and well-defined set of conditions that the device is capable of collecting the new chemical in solid, liquid or vapor phase with minimal loss. The sampling device’s capacity (air volume and co llected analyte mass) must be specified. For- 14 -

methods that use adsorbent tube s as the collection medium, evid ence of the capacity must be provided in the form of breakthrough testing. This testing must be done at a concentration twice the NCEL and under conditions similar to those e xpected in the workplace. Breakthrough is defined to have occurred when the concentration of the PMN substance in the effluent stream is equal to 5% of the concentration of the influent stream, or when 20% of the PMN substance is detected in the backup section of the sampler. (vii) Sampling Device Desorption Efficiency. Where applicable, the desorption efficiency must be evaluated for the air samplin g device. A minimum of six air samples spiked with the PMN substance at least the NCEL concentra tion must be prepared. A recovery of at least 75% must be obtained for each of the six samples. (5) Precision. The estimate of the coefficient of va riation of each set of six samples from the controlled atmosphere test (spiked at 1.0 NCEL, per paragraphs (c)(3)(v) or (vi)) must be less than 0.105, including allowance of 0.05 for error due to sampling. (6) Interpretation of Ac curacy and Precision Data. (i) If a single matrix spike recovery is less than 75% r ecovery or greater than 125% or the estimated precision is greater than 0.105, then the Company must re-prepare the matrix spike, re-sample, and re-analyze all samples associated with su ch matrix spike or triplicate samples. (ii) For percent recoveries less than 90% but greater than 75 %, correction for low recovery is required. Correct for recovery firs t by dividing the observe d amount by the proportion recovered before determining if measurements fall below the NCEL. For exam ple, if the observed- 15 -

level is 30 mg/m 3 and the percent recovery is 75%, use the value 30 mg/m 3 /(0.75) = 40 mg/m 3 when determining whether the levels are below the exposure limit. (7) Representativeness. All sample conditions used to develop the methodology shall mimic the actual workplace environment expected to be monitored. Conditions such as the temperature, humidity, lighting, and presence of other chemicals, etc. must mimic the conditions in the workplace to be monitored. (8) Changes Affecting Validity. If the workplace environment changes from the initial conditions described in the verifi ed sampling and analytical met hod in a way reasonably likely to invalidate the accuracy of the method, then th e Company must comply with the respirator requirements in the Protection in the Workplace s ection of this Order, unless the Company revalidates the method to confirm that the require ments for accuracy and precision in paragraphs (c)(4) and (5) are met. Examples of possible changes include but are not limited to: introduction of a new chemical substance to the workplace wh ich may interfere with the analysis of the new chemical; introduction of light to the workplace which may interfere with a light-sensitive PMN substance; or introduction of water/increased hum idity to the workplace whic h could react with the PMN substance and cause difficulties in collection and analysis. (9) Comparability. All data and results shall be repor ted in the same units of measurement as the NCEL. (10) Responsibility for Method Validity. The independent laborat ory verification and EPA receipt of the sampling and analytical method pursuan t to this subsection (c) do not ensure that the method will produce valid exposure monitoring data. The Company is ultimately responsible for ensuring the validity of it s exposure monitoring data.- 16 -

(d) Monitoring Potential Exposure. (1) General. (i) Action Level. The “action level” is defined as an airborne concentration of the PMN substance, calculated as an 8-hour time-wei ghted average, equal to one half the NCEL TWA specified in subparagraph (b)(1). For non-8-hour work shifts, the action level is equal to one half the NCELn. (The NCELn is described in subparagr aph (b)(1)(ii).) The Company may exceed the action level without penalty. The purpose of the action le vel is solely to determine the requisite monitoring frequency. (ii) Representative Exposure Groups. Whenever exposure monitoring is required by this New Chemical Exposure Limit section, the Company shall take repr esentative samples of what the potential exposure of each person who is reasonably likely to be exposed to airborne concentrations of the PMN substa nce would be if respirators were not worn. The Company shall do so by sampling the breathing zone air of at le ast one person that represents, and does not underestimate, the potential exposur e of every person performing the same or substantially similar operations in each work shift, in each job classifica tion, in each work area (hereinafter identified as an “exposure group”) where inhalation exposure to the PMN substance is reasonably likely to occur. The exposure of each person need not be itself directly sampled if that exposure is represented by sampling the exposure of a nother person in the same exposure group. (iii) Good Laboratory Practice Standards. Determinations of potential inhalation exposure shall be made according to TSCA Good Laboratory Practice Standards at 40 CFR Part 792 and the sampling and analytical method devel oped pursuant to subsection (c) of this New- 17 -

Chemical Exposure Limit section.

] Howeve r, compliance with TSCA GLPS is not required where exposure monitoring samples are analyzed by a laboratory accredited by either: (A) the American Industrial Hygiene Association (“AIHA” ) Industrial Hygiene La boratory Accreditation Program (“IHLAP”); or (B) another comparable program approved in advance in writing by EPA. (iv) Full Shift Exposure Samples. Representative 8-hour TWA airborne concentrations shall be determined on the basis of samples representing the full shift exposure for each exposure group. (2) Initial Monitoring. Before the Company may deviate from the resp irator requirements of the Protection in the Workpl ace section, the Company shall c onduct initial exposure monitoring to accurately determine the airborne concentrat ion of the PMN substance for each exposure group in which persons are reasonably likely to be exposed to the PMN substance. (3) Periodic Monitoring. (i) If any representative samples taken dur ing the initial exposure monitoring reveal an airborne concentration at or above the action level but at or below the TWA, the Company shall repeat the exposure monitoring for that exposur e group at least every 6 months. If the PMN substance is not manufactured, processed, or used at all during a given 6 month calendar period, the Company is not required to conduct exposure monitoring until manufacture, processing, or use- 18 -

of the PMN substance is resumed. However, ces sation of manufacturing, processing and use of the PMN substance for less than the 6 month pe riod does not constitute grounds for postponement of the 6 month deadline to conduct exposure monitoring. (ii) If any representative samples ta ken during the initial exposure monitoring reveal an airborne concentration above the TWA, the Company shall repeat the exposure monitoring for that exposure group at least ev ery 3 months. If the PMN substance is not manufactured, processed, or used at all duri ng a given 3 month calendar period, the Company is not required to conduct exposure monitoring until manufacture, processing, or use of the PMN substance is resumed. However, cessation of manufacturing, processing and use of the PMN substance for less than the 3 month period does no t constitute grounds for postponement of the 3 month deadline to condu ct exposure monitoring. (iii) The Company may alter the exposu re monitoring schedule from every 3 months to every 6 months for any exposure gro up for whom two consecutive measurements taken at least 7 days apart indi cate that the potential exposure has decr eased to the TWA or below, but is at or above the action level. Where the PMN s ubstance is manufactured, processed, or used in batches of duration less than 7 days, the 2 cons ecutive measurements may be taken at least 24 hours apart, provided that the measurements accura tely reflect the highest peak exposures and variability in exposure. (4) Termination of Monitoring. (i) If representative samples taken duri ng the initial exposure monitoring reveal an airborne concentration below the action level, th e Company may discontinue monitoring for that- 19 -

exposure group, except when additional exposure mon itoring is required by paragraph (d)(5) of this New Chemical Exposure Limit section. (ii) If representative samples taken du ring the periodic monitoring reveal that an airborne concentration, as indicate d by at least 2 consecutive meas urements taken at least 7 days apart, are below the action level, the Company may discontinue the monitoring for that exposure group, except when additional monitoring is requir ed by paragraph (d)(5) of this New Chemical Exposure Limit section. Where the PMN substance is manufactured, processed, or used in batches of duration less than 7 days, the 2 consecutive m easurements may be taken at least 24 hours apart, provided that the measurements accurately reflect the highest peak exposures and variability in

exposure. (5) Additional Monitoring. (i) For a previously monitored exposure group, the Company shall, within 7 days of any of the events listed below in this paragraph (d)(5)(i), conduc t the initial exposure monitoring followed by any period ic or additional exposure monitoring required by subsection (d) of this New Chemical Exposure Limit section: (I) change in the production volume, process, control equipment, personnel or work practices that may reasonably cause new or additional exposures to the PMN substance; (II) spills, leaks, ruptures or othe r breakdowns occur that may reasonably cause new or additional exposures to the PMN substance; and, (III) whenever else the Company has a ny reason to suspect a change that may reasonably result in new or additi onal exposures to the PMN substance.- 20 -

(ii) In no event is the additional exposure monitoring requirement in paragraph (d)(5)(i) intended to dela y implementation of any necessary cleanup or other remedial action. During any cleanup or remedial ope rations that may occur before commencing additional exposure monitoring, the Company shall ensure that potentially exposed persons use at least the respiratory protection specified in subsection (e) for the measured airborne c oncentration, or more protective respiratory equipment deemed appropriate by the be st professional judgment of a qualified expert. (6) Notification of Monitoring Results. (i) Within 15 working days after receip t of the results of any exposure monitoring required by this Order, the Company shall notif y each person whose exposure is represented by that monitoring. The notice shall identify the NC EL, the exposure monitoring results, and any corresponding respiratory protection required by subsection (e). Aff ected persons shall be notified in writing either individually or by posting the information in an appropriate and accessible location. (ii) Whenever the NCEL is exceeded, the written notification required by the preceding paragraph shall describe the action be ing taken by the Company to reduce inhalation exposure to or below the NCEL, or shall refer to a document available to the person which states the actions to be taken to reduce exposure. (7) Exemption based on Objective Data. Where the Company has documented and reliable objective data demonstr ating that, even under worst-case conditions, employee exposure to the PMN substance will not exceed the action leve l (defined in paragr aph (d)(1)(i)) under the expected handling procedures and conditions for a specific “exposure group” (defined in paragraph (d)(1)(ii)), then that exposure group is exempt from this New Chemical Exposure Limit section- 21 -

(except paragraph (d)(5) “Add itional Monitoring” and subsecti on (f) “NCEL Record-keeping”) and the respirator requirements in the Protection in the Workplace s ection of this Order. Any such objective data must accurately characterize actual employee exposures to the PMN substance and must be obtained under conditions closely resembling the types of materials, processes, control methods, work practices, and environmental c onditions in the Company’s current workplace operations with the PMN substance. Examples of objective data th at may be used to demonstrate that employee exposure will not ex ceed the action level, even under worst case conditions, include information on the physical and chemical propertie s of the PMN substance, industry-wide studies, and/or laboratory test results.

(e) Respiratory Protection. (1) General. Whenever the Company has conducted exposure monitoring at a workplace in accordance with subsection (d) of this New Ch emical Exposure Limit section and the measured airborne concentration of the PMN substance fo r any person who is reasonably likely to be exposed to the PMN substance by inhalation exc eeds the NCEL, the Company shall provide those persons the respirators specified in this subsection (e) (rather than th e respirator(s) identified in the Protection in the Workplace section of this Order), and shall ensure that the respirators are used (including training, fit testing, a nd maintenance) in accordance with OSHA and NIOSH respiratory protection requirements at 29 CFR 1910.134 and 42 CF R Part 84. When the Company has not yet measured the airborne concentration of the PMN substance at a workplace in accordance with this New Chemical Exposure Limit section, the Company shall comply with the respirator requirements in the Protection in the Workplace section of this Order at that workplace.- 22 -

(2) Selection of Appropri ate Respiratory Protection. After the Company has conducted exposure monitoring in accordance with subsecti on (d) of this New Chemical Exposure Limit section, the Company shall select, provide, and ensure that persons who are reasonably likely to be exposed to the PMN substance by inhalation use, at a minimum, the respiratory protection which corresponds in the following table to the measured airborne concentration (or a more protective respirator which corresponds to a co ncentration higher than measured).

PARTICULATE RESPIRATOR TABLE

Measured Required Respiratory Protection Concentration of PMN Substance ≤ NCEL  No respiratory protection is required.

≤ 10 x NCEL  NIOSH-certified air-purifying, tight-f itting half-face respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters

 NIOSH-certified air-purifying, tight-f itting full-face respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters.

 NIOSH-certified powered air-purifying respirator equippedwith a loosefitting hood or helmet and high efficiency particulate air (“HEPA”) filters.

 NIOSH-certified powered air-purifyi ng respirator equipped with a tightfitting facepiece (either half-face or full-face) and HEPA filters

 NIOSH-certified supplied-air respir ator operated in pressure demand or continuous flow mode and equipped with a hood or helmet, or tight-fitting facepiece (either half-face or full-face ≤ 25 x NCEL  NIOSH-certified air-purifying, tight-f itting full-face respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters.

 NIOSH-certified powered air-purifying respirator equippedwith a loosefitting hood or helmet and HEPA filters.- 23 -

 NIOSH-certified powered air-purifyi ng respirator equipped with a tightfitting facepiece (either half-face or full-face) and HEPA filters.

 NIOSH-certified supplied-air respir ator operated in pressure demand or continuous flow mode and equipped with a hood or helmet, or tight-fitting facepiece (either half-f ace or full-face). ≤ 50 x NCEL  NIOSH-certified air-purifying, tight-f itting full-face respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters.

 NIOSH-certified powered air-purifyi ng respirator equipped with a tightfitting facepiece (either half-face or full-face) and HEPA filters.

 NIOSH-certified supplied-air respir ator operated in pressure demand or continuous flow mode and equipped w ith a tight-fitting facepiece (either half-face or full-face ≤ 2000 x NCEL  NIOSH-certified supplied-air respir ator operated in pressure demand or other positive pressure m ode and equipped with a ti ght-fitting full facepiece.
> 2000 x NCEL  Any self-contained respirator equipped with a full facepiece and operated in a pressure demand or other positive pressure mode.

 Any supplied-air respirator equippe d with a full facepiece operated in a pressure demand or other positive pressure mode in combination with an auxiliary self-contained br eathing apparatus operated in a pressure demand or other positive pressure mode. (3) Reductions in Respiratory Protection. After appropriate respir atory protection has been selected based on the results of actual expos ure monitoring conducted at a workplace in accordance with subsection (d) of this New Chem ical Exposure Limit section, the Company shall not, at that workplace, use the respiratory protection required by the Protection in the Workplace section of this Order (unless it is the same as required by th is New Chemical Exposure Limit section). Before the Company may make any re duction in any respirator y protection selected pursuant to this New Chemical Exposure Li mit section, the Company must verify, by 2 consecutive measurements taken at least 7 days apart, that th e new respiratory protection is- 24 -

appropriate in accordance with paragraph (e)(2 ). Where the PMN substance is manufactured, processed, or used in batches of duration less th an 7 days, the 2 consecutive measurements may be taken at least 24 hours apart, provided that the measurements accurately re flect the highest peak exposures and variability in exposure. (4) Special Situations. (i) Measurements Outside Quantitation Limits. When a value less than the lower quantitation limit (“LQL”) of the analytical me thod (as described in paragraph (c)(4)(ii)) is measured, the Company shall estimate potential exposure using generally established and accepted statistical methods. If the Comp any obtains an exposure monitoring sample that is more than 10% above the actual upper quantitation limit (“UQL”) of the analytical method, the Company must ensure that its workers wear at least a NIOSH-certif ied supplied-air respirat or operated in pressure demand or other positive pressure mode and equi pped with a tight-fitting full facepiece. Any reductions in this respiratory protection must co mply with paragraph (e)(3). The Company may submit an improved analytical method provided that it complies fully with subsection (c) of this New Chemical Exposure Limit section, including the verification required by subsection (c)(3). (ii) Cleanup and Remedial Actions. During any special cl eanup or other remedial actions that may occur before commencing addi tional exposure monitoring (as discussed in paragraph (d)(5)(ii)), the Company shall ensure that pot entially exposed persons use at least the respiratory protection specified above in this subsection (e) for the measured airborne concentration, or more protective respirator y equipment deemed appropriate by the best professional judgment of a qualified expert.- 25 -

(f) NCEL Recordkeeping. (1) Whenever the Company elects to comply with this New Chemical Exposure Limit section rather than the respirator requirements in the Protection in the Wo rkplace section of this Order, the Company shall maintain the following records until 30 years after the date they are created, and shall make them available for in spection and copying by EPA in accordance with section 11 of TSCA: (i) A copy of the sampling and analytical methods used and continuing evidence of their accuracy over time as required by section (c); (ii) Records documenting compliance w ith the analytical method verification requirements of subsection (c)(3), including copies of the signed certific ation statement and the verification results obtai ned by both laboratories; (iii) Records documenting either comp liance with the Good Laboratory Practice Standards at 40 CFR Part 792, or use of a la boratory accredited by the American Industrial Hygiene Association (“AIHA”) or another comparab le program approved in advance in writing by EPA. Where the Company elects to not comply with TSCA GLPS, such r ecords shall include the written accreditation from the AIHA or the written approval from EPA. (iv) Records documenting all exposure m onitoring dates, duration, and results of each sample taken; (v) Records documenting the name, address, work shift, job classification, and work area of the person monitore d and of all other persons whos e exposures the monitoring is intended to represent;- 26 -

(vi) Any conditions that might ha ve affected the monitoring results; (vii) Notification of exposure monito ring results required by paragraph (d)(6); (viii) Records documenting any change s in the production, process, control equipment, personnel or work practices that may reasonably cause new or additional exposures to the PMN substance; (ix) Records documenting any spills, leaks, ruptures or other breakdowns that may cause new or additional exposure; (x) The type of respiratory protective de vices worn by the monitored person, if any; (xi) Records documenting any actions ta ken to mitigate exposures to the PMN substance; (xii) Records documenting reliance on the objective data exemption in paragraph (d)(7), including: (A) the source of the data, (B) protocols and resu lts of any relevant testing or analysis, (C) a description of th e operation exempted and how the data demonstrate that employee exposures will not exceed the action level, (D) other data relevant to the operations, materials and employee exposures covered by the exemption.

HAZARD COMMUNICATION 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 requ irements of this section for labels, MSDSs, and other forms of warning material will be satisfie d. The Company must make the written hazard communication program available, upon request, to all employees, contractor employees, and their- 27 -

designated representatives. The Company ma y rely on an existing hazard communication program, including an existing program esta blished under the 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 Co mpany 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 us e the identity provided on the MSDS for the substance required under paragraph (c) of this sec tion. The list may be compiled for the workplace or for individual work areas. If the Company is required either by a nother Order issued under section 5(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 info rm 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 info rm contractors of the presence of the PMN substance in the Company’s workpl ace and of the provisions of th is Order if employees of the contractor work in the Company’ s workplace and are reasonably li kely to be exposed to the PMN substance while in the Company’s workplace.- 28 -

(b) Labeling. (1) The Company shall ensure that each c ontainer 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: (I) A statement of the health hazards(s) and precautionary measure(s), if any, identified in paragraph (f) of this sect ion or by the Company, for the PMN substance. (II) The identity by which the PMN substance may be commonly recognized. (III) A statement of the environm ental hazard(s) and precautionary measure(s), if any, identified in paragraph (f) of this section, or by the Company, for the PMN substance. (IV) A statement of exposure a nd precautionary measure(s), if any, identified in paragraph (f) of this secti on, 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 ma terials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identif ies the containers to wh ich 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 por table containers into which the PMN substance is transferred from la beled containers, and which are intended only for the immediate use of the employee who performs the transfer.- 29 -

(iv) The Company shall not remove or de face an existing label on containers of the PMN substance obtained from persons outside th e Company unless the cont ainer is immediately re-labeled with the information specified in subparagraph (b)(1)(i) of this section. (2) The Company shall ensure that each c ontainer of the substance leaving its workplace for distribution in commerce is labeled in accordance with this subparagraph (b)(2). (i) The label shall, at a minimum, contain the following information: (I) The information prescribed in su bparagraph (b)(1)(i) of this section. (II) The name and address of the ma nufacturer or a responsible party who can provide additional informati on on the substance for hazard evaluation and any appropriate emergency procedures. (ii) The label shall not c onflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 et. seq.) and re gulations issued under that Act by the Department of Transportation. (3) The label, or alternative forms of warn ing, shall be legible and prominently displayed. (4) The label, or alternative forms of warn ing, shall be printed in English; however, the information may be repeated in other languages. (5) If the label or alternative form of warni ng is to be applied to a mixture containing the PMN substance in combination with any other subs tance that is either s ubject to another TSCA section 5(e) Order applicable to the Company, or subject to a TSCA sec tion 5(a)(2) SNUR at 40 CFR Part 721, subpart E, or defined as a “hazardous chemical” under the OSHA Hazard Communication Standard (29 CF R 1900.1200), the Company may pres cribe on the label, MSDS, or alternative form of warning, the measures to control work er exposure or environmental release- 30 -

which the Company determines provide the greatest degree of protection. However, should these control measures differ from the applicable measur es required under this Order, the Company must seek a determination of equivalency for such alternative control meas ures pursuant to 40 CFR 721.30 before prescribing them unde r this subparagraph (b)(5). (6) If the Company becomes aware of a ny 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 label within 3 months from th e 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 label before the PMN substance is reintroduced into the workplace.

(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 ch emical and common name of the PMN substance. If the chemical and common name is claimed confid ential, a generic chemical name must be used. (ii) Physical and chemical characteristic s of the substance kn own to the Company, (e.g., vapor pressure, flash point). (iii) The physical hazards of the s ubstance known to the Company, including the potential for fire, explosion, and reactivity.- 31 -

(iv) The potential human and environmenta l hazards as specified in paragraph (f) of this section. (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 measur es 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 identif ied control measures. The MSDS must identify any New Chemical Expos ure Limits specified in paragraph (b) of the New Chemical Exposure Limit section of this Orde r and must contain the information specified in the graduated respirator table in paragraph (e )(2) of the New Chemical Exposure Limit section. (viii) Any generally applicable precauti ons for safe handling and use of the PMN substance which are known to the Company, incl uding appropriate hygienic practices, protective measures during repair and maintenance of contam inated 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 pro cedures known to the Company. (xi) The date of preparation of the MSDS or of its last revision. (xii) The name, address, and telepho ne number of the Company or another responsible party who can provide additional in formation on the chemical substance and any appropriate emergency procedures.- 32 -

(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 th e same, but the specific composition varies from mixture to mixture) and similar hazards, the Comp any may prepare one MSDS to apply to all of these multiple mixtures. (5) If the Company becomes aware of a ny 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 th e 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 pers ons receiving the PMN substance from the Company are provided an a ppropriate MSDS with their initial sh ipment 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 pr ior to or at the time of shipment. (7) The Company must maintain a copy of th e MSDS in its workplace, and must ensure that it is readily accessible during each work shift to employees whenthey 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 substa nces in a work area where it may be more appropriate to address the potential hazards of a process rather than indi vidual substances. However, in all cases, the required information must be provided for th e PMN substance and must be readily accessible- 33 -

during each work shift to employees wh en 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 info rmation and training must be provided at the time of each employee’s initia l assignment to a work area containing the PMN substance and whenever the PMN substance is in troduced into the employee’s work area for the first time. (1) The information provided to employ ees 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 lis t of substances required by subparagraph (a)(1) of this section and MSDSs required by para graph (c) of this section. (2) The training provided to employees shall include: (i) Methods and observations that may be us ed to detect the presence or release of the PMN substance in or from an employee’s wo rk area (such as exposure monitoring conducted by the Company, continuous monitoring devices, visual appearance, or odor of the substance when being released). (ii) The potential human health and envi ronmental hazards of the PMN substance as specified in paragraph (f) of this section.- 34 -

(iii) The measures employees can take to protect themselves and the environment from the PMN substance, including specific proc edures 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, e ngineering controls, and other measures to control worker exposure and/or envi ronmental 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 explan ation of the labeling system and the MSDS required by this section and guidance on obtaini ng and using appropriate hazard information.

(e) Existing Hazard Communication Program. The Company need not ta ke additional actions if existing programs and procedures satisfy the requirements of this section.

(f) Human Health, Environmental Hazard, Exposure, and Precautionary Statements. The following human health and environmental 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) respiratory complications. (ii) internal organ effects. (2) Human hazard precautionary statem ents. When using this substance: (i) avoid breathing the substance.- 35 -

(ii) use respiratory protection, or mainta in workplace airborne concentrations at or below an 8-hour time-weighted average of 1.0 mg/m 3 (3) The human and environmental hazard and precautionary statement on the label prepared pursuant to paragraph (b ) of this section must be foll owed by the statement: “See the MSDS for details.”

III. RECORDKEEPING (a) Records. The Company shall maintain the followi ng records until 5 years after the date they are created and shall make them available fo r inspection and copying by EPA in accordance with section 11 of TSCA: (1) Exemptions . Records documenting that the PMN substance did in fact qualify for any one or more of the exemptions described in Secti on I, Paragraph (b) of this Order. Such records must satisfy all the statutory and regulatory recordkeeping re quirements applicable to the exemption being claimed by the Company. Any amounts or batches of the PMN substance eligible for the Export exemption in Section I, Paragraph (b)(3) of this Order are exempt from all the requirements in this Recor dkeeping section, if the Company ma intains, for 5 years from the date of their creation, copies of the export label and expor t notice to EPA, required by TSCA sections 12(a)(1)(B) and 12(b), respectively. Any amounts or batches of the PMN substance eligible for the Research and Development exempti on in Section I, Paragra ph (b)(4) of this Order, are exempt from all the requirements in this Reco rdkeeping section, if the Company maintains, for 5 years from the date of their creation, th e records required by 40 CFR 720.78(b). For any amounts or batches of the PMN substance claimed to be eligible for any other exemption described- 36 -

in Section I, Paragraph (b) of this Order, the Company shall keep records demonstrating qualification for that exemption as well as the reco rds specified in paragra phs (2) and (3) below, but is exempt from the other recordkeeping re quirements in this Recordkeeping section; (2) Records documenting the manufacture a nd importation volume of the PMN substance and the corresponding dates of manufacture and import; (3) Records documenting the names and addresses (including shipment destination address, if different) of all pers ons outside the site of manufacture or import to whom the Company directly sells or transfers the PM N substance, the date of each sale or transfer, and the quantity of the substance sold or tr ansferred on such date; (4) Records documenting the address of all si tes of manufacture, import, processing, and

use; (5) Records documenting establishment and im plementation of a program for the use of any applicable personal protectiv e equipment required pursuant to the Protection in the Workplace section of this Order; (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;- 37 -

(9) Copies of Material Safety Data Sheets required by the Hazard Communication Program section of this Order; (10) Copies of any Transfer Documents and notices required by the Successor Liability section of this Order, if applicable; and (11) The Company shall keep a copy of this Order at each of its sites where the PMN substance is manufactured or imported.

(b) Applicability. The provisions of this Recordkeeping Section are applicable only to activities of the Company and its Contract Manufacturer, if applicable, and not to activities of the Company’s customers.

(c) OMB Control Number. Under the Paperwork Reduction Act and its regulations at 5 CFR Part 1320, particularly 5 CFR 1320.5(b), the Company is not required to respond to this “collection of information” unless this Order displays a cu rrently valid control number from the Office of Management and Budget (“OMB”), and EPA so informs the Company. The “collection of information” required in this TSCA §5(e) Consent Order has been approved under currently valid
OMB Control Number 2070-0012.

IV. REQUESTS FOR PRE-IN SPECTION INFORMATION (a) EPA’s Request for Information . Pursuant to section 11 of TSCA and 40 CFR 720.122, EPA may occasionally conduct on-site compliance inspec tions of Company facilities and conveyances associated with the PMN substance. To facilit ate such inspections, EPA personnel may contact the- 38 -

Company in advance to request information pertinent to the scheduling and conduct of such inspections. Such requests may be written or oral . The types of information that EPA may request include, but are not limited to, the following: (i) Expected dates and times when the PM N substance will be in production within the subsequent 12 months; (ii) Current workshift schedules for workers w ho are involved in activities associated with the PMN substance and may reasonably be exposed to the PMN substance; (iii) Current job titles or categories for worker s who are involved in activities associated with the PMN substance and may reasonabl y be exposed to the PMN substance; (iv) Existing exposure monitoring data for workers who are involved in activities associated with the PMN substance and may r easonably be exposed to the PMN substance; (v) Records required by the Recordkeep ing section of this Order; and/or (vi) Any other information r easonably related to determining compliance with this Order or conducting an inspection for that purpose.

(b) Company’s Response . The Company shall respond to such requests within a reasonable period of time, but in no event later than 30 days after receiving EPA’s request. When requested in writing by EPA, the Company’s response shall be in writing. To the extent the information is known to or reasonably ascertainable to the Comp any at the time of the request, the Company’s response shall demonstrate a good faith effort to provide reasonably accurate and detailed answers to all of EPA’s requests.- 39 -

(c) Confidential Business Information . Any Confidential Business In formation (“CBI”) that the Company submits to EPA pursuant to paragraph (b ) shall be protected in accordance with §14 of TSCA and 40 CFR Part 2.

V. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedures by which the Co mpany’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 “Successor in Interest”).

(b) Relation of Transfer Date to Notice of Commencement (“NOC”). (1) Before NOC. If the transfer from the Company to the Successor in Interest is effective before EPA receives a notice of commencement of manufacture or import (“NOC”) 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 5(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 Successo r in Interest shall comply with the terms of this Order and shall not be required to submit a new PMN to EPA.- 40 -

(c) Definitions. The following definitions apply to this Successor Liability sect ion of the Order: (1) “Successor in Interest” means a pers on outside the Company who has acquired the Company’s full interest in the rights to manufact ure the PMN substance, including all ownership rights and legal liabilities, thr ough a transfer document signed by the Company, as transferor, and the Successor in Interest, as transferee. The te rm 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 manuf acturing rights associated with th e PMN substance. A Successor in Interest must be incorporated, licensed, or doing business in the United States in accordance with 40 CFR 720.22(a)(3). (2) “Transfer Document” means the legal instru ment(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 effectiv e date of the transfer, the Company shall provide to the Successor in Intere st, by registered mail, a copy of the Consent Order and the “Notice of Transfer” document whic h is incorporated by reference as Attachment C to this Order. (2) Notice to EPA. Within 10 business days of the e ffective date of the transfer, the Company shall, by registered mail, submit the fu lly executed Notice of Transfer document to: U.S. Environmental Protection Agency, Ne w Chemicals Branch (7405), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460.- 41 -

(3) Transfer Document. Copies of the Transfer Docu ment must be maintained by the Successor in Interest at its principal place of busin ess, and at all sites where the PMN substance is manufactured or imported. Copies of the Transf er Document must also be made available for inspection pursuant to Section 11 of TSCA, must state the effectiv e date of transfer, and must contain provisions which expressly transfer liabi lity 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 complian ce with the requirements of this Order until the effective date 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 of transfer. (3) Nothing in this section shall be c onstrued to prohibit the Agency from taking enforcement action against the Company after the eff ective date of the transf er for actions taken, or omissions made, during the time in which the Comp any 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 th e Company to submit test data to EPA at a specified production volume (“test trigger”), the a ggregate volume of the PMN subs tance manufactured and imported by the Company up to the date of transfer shall c ount towards the test tri gger applicable to the Successor in Interest.- 42 -

VI. MODIFICATION AND REVO CATION OF CONSENT ORDER The Company may petition EPA at any time, based upon new information on the health effects of, or human exposure to, the PMN substance, to modify or revoke substantive provisions of this Order. The exposures and risks identifi ed by EPA during its review of the PMN substance and the information EPA determined to be necess ary to evaluate those exposures and risks are described in the preamble to this Order. Howeve r, 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 a ppropriate, any reassessment of the test data or other information that supports the findings in this Order, an examin ation 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 expos ure or substantial environmental release in the absence of data sufficient to permit a reasoned eval uation of the health or environmental effects of the PMN substance. In addition, the Company may petition EPA at a ny 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 structur e and intent of this Order as issued.- 43 -

VII. EFFECT OF CONSENT ORDER (a) Waiver. By consenting to the entry of this Orde r, the Company waives its rights to file objections to this Order pursuant to section 5(e)(1)(C ) of TSCA, to receive service of this Order no later than 45 days before the e nd of the review period pursuant to section 5(e)(1)(B ) of TSCA, and to challenge the validity of this Order in any s ubsequent action. Consenti ng to the entry of this Order, and agreeing to be bound by its terms, do not constitute an admission by the Company as to the facts or conclusions underlying the Agency’s de terminations in this proceeding. This waiver does not affect any other rights that the Company may have under TSCA.

(b) CBI Brackets. By signing this Order, the Company re presents that it has carefully reviewed this document and hereby agrees that all informati on herein that is claime d as confidential by the Company (per section 14 of TSCA, 40 CFR Part 720 Subpart E, and 40 CFR Part 2) is correctly identified within brackets and that any informa tion that is not bracket ed is not claimed as confidential. To make this document availabl e for public viewing, EPA will remove only the information contained within the brackets.

_________________ _____________________________________ Date Jim Willis, Director Chemical Control Division Office of Pollution Prevention and Toxics

_________________ _____________________________________ Date Name: Title: Company: Cytec Industries, Inc.ATTACHMENT A
DEFINITIONS

Note: The attached Order may not cont ain some of the terms defined below “Chemical name” means the sc ientific designation of a chem ical substance in accordance with the nomenclature system developed by the Chemical Abstracts Service’s rules of nomenclature, or a name which will clearly iden tify 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 chemi cal substance or any mixture containing the chemical substance in a commercial enterprise pr oviding saleable goods or a service to consumers (e.g., a commercial dry cleaning estab lishment or painting contractor). “Common name” means any designation or identi fication 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 th at is directly, or as part of a mixture, sold or made available to consumers for thei r 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” mean s a person, outside the Compan y, who is authorized to manufacture and import the PMN substance under th e conditions specified in Part II. of this Consent Order and in the Consent Order for Contract Manufacturer. “Identity” means any chemical or common name used to identify a chem ical 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 tr ansferred it from a labeled container and will only be used by that person within the work shift in which it is transferred from the labeled container. “Impervious.” Chemical protective clothing is “impervious” to a chemical substance if the substance causes no chemical or mechanical degradation, permeation, or penetration of the chemical protective clothing under the condi tions of, and the duration of, exposure. “Manufacturing stream” means all reasonably an ticipated transfer, flow, or disposal of a chemical substance, regardless of physical stat e or concentration, throug h 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. “NIOSH” means the National In stitute for Occupational Safety and Health of the U.S. Department of Health and Human Services. “Non-enclosed process” means any equipment sy stem (such as an open-top reactor, storage tank, or mixing vessel) in which a chemical subs tance is manufactured, processed, or otherwise used where significant direct contact of the bul k chemical substance and the workplace air may occur. “Non-industrial use” means use other than at a facility where chemical substances or mixtures are manufacture d, imported, or processed. “PMN substance” means the chemical substa nce described in the Premanufacture notice submitted by the Company relevant to this Order. “Personal protective equipment” means any ch emical protective clothing or device placed on the body to prevent contact wi th, and exposure to, an identif ied chemical substance or substances in the work area. Examples incl ude, 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 anticipate d transfer, flow, or disposal of a chemical substance, regardless of physical state or con centration, through all in tended operations of processing, including the cleaning of equipment. “Scientifically invalid” means any significan t departure from the EPA-approved protocol or the Good Laboratory Practice Sta ndards at 40 CFR Part 792 without prior or subsequent Agency approval that prevents a reasoned evaluation of the health or e nvironmental effects of the PMN substance. “Scientifically equivocal data” means da ta which, although deve loped in apparentconformity with the Good Laboratory Practice Standards and EPA-approved protocols, are inconclusive, internally inconsis tent, 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 th at is physically and chemically suitable for long-term containment of the PMN substance, and from which there will be no human exposure to, or environmental release of, the PMN s ubstance during transport and storage. “Use stream” means all reasonabl y anticipated transfer, flow, or disposal of a chemical substance, regardless of physical state or con centration, through all in tended 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 cont aining one or more work areas.ATTACHMENT B
STATISTICAL ANALYSIS OF NCE Ls ANALYTICAL METHOD VERIFICATION RESULTS This Attachment describes the statistical technique (with examples) for comparing the analytical results obtained by two laboratories pursuant to paragraph (c)(3)(vii) of the New Chemical Exposure Limit section of this Order. STATISTICAL TECHNIQUE To obtain two-sample t test with unequal variances, perform the following operations:

● Compute means of the data measured by two laboratories.

● Compute mean squares

_ S i 2 = ∑ (X ij - X i ) 2 /(n i - 1), i=1, 2

● Form the ratio

_ _ T = (X 1 - X 2 )/(W 1 + W 2 ) 1⁄2

● Compute degrees of freedom f = (W 1 + W 2 ) 2 /[W 1 2 /(n 1 - 1) + W 2 2 /(n 2 - 1)]

where,

W 1 = S 1 2 /n 1 , i = 1, 2

_ X 1 = Average of the results from the company laboratory

_ X 2 = Average of the results from the independent laboratory

n 1 = Number of samples analyzed by the company laboratory

n 2 = Number of samples analyzed by the independent laboratory.2 Then compare the absolute valu e of T to the 97.5 percentile poin t of a t distribution with f degrees of freedom. If the absolute value exc eeds the 97.5 percentile point , the results measured by two laboratories are significantly different at 95% level. Otherw ise, they are not significantly different. In general, f may not be an integer. Use interpolation to obtain the 97.5 percentile point of a t distribution with f degrees of freedom.

EXAMPLES -- The following examples (based on simulated data) illustrate the method: Example 1 Data Set 1 Data Set 2
80.56 97.11 100.01 102.13 86.04 99.83 52.61 97.83 84.85 105.44 95.75 100.04

_ _ X 1 = 83.30 n 1 = 6 X 2 = 100.40 n 2 = 6
S 1 1 = 278.72 W 1 = 46.25 S 2 2 = 9.26 W 2 = 1.54 Absolute value of T = 2.467 f = 5.33 The t table shows that the 97.5 percentile poi nt is 2.571 and 2.447 for 5 and 6 degrees of freedom, respectively. For 5.33 degrees of freedom, the 97.5 percentile point will be approximately 2.530 which is greater than the abso lute value of T, 2.467. Hence, the means of two data sets are not significan tly different at the 5% level. However, if this problem had been treated as an ordinary two-sample t test, the means would be significantly different at the 5% level because the absolute of T is greater than 2.228, the 97.5 percentile point for the t distribution with 10 degrees of freedom. Example 2 Data Set 1 Data Set 2
82.87 108.05 101.85 96.51 87.44 100.04 99.68 104.33 101.15 110.32 99.21 107.003

_ _ X 1 = 95.37 n 1 = 6 X 2 = 104.37 n 2 = 6
S 1 1 = 65.59 W 1 = 10.93 S 2 2 = 27.25 W 2 = 4.54 Absolute value of T = 2.290 f = 8.54 The t table shows that for 8 and 9 degrees of freedom the 97.5 percentil e point is 2.306 and 2.262, respectively. For 8.54 degrees of freedom the 97.5 percentile point will be approximately 2.282 which is less than the absolute value of T, 2.290. Hence, the means of two data sets are significantly different at the 5% level.ATTACHMENT C
NOTICE OF TRANSFER OF TOXIC SUBSTANCES CONTROL ACT SECTION 5(e) CONSENT ORDER

___________________________ _________________ Company (Transferor) PMN Number

1. Transfer of Manufacture Rights. Effective on _______________, the Company did sell or otherwise transfer to ________________________________, (“Successor in Interest”) the rights and liabilities associated with manufacture of th e above-referenced chemical substance, which was the subject of a premanufacture notice (“PMN”) a nd 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 (“TS CA,” 15 U.S.C. §2604(e)).

2. Assumption of Liability. The Successor in Interest hereby certi fies that, as of the effective date of transfer, all actions or omissions governed by the applicable Consent Order limiting manufacture, processing, use, di stribution 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 th e United States in accordance with 40 CFR 720.22(a)(3).

3. Confidential Business Information. The Successor in Interest hereby: ___ reasserts, ___ relinquishes, or ___ modifies all Confidential Business Information (“CBI”) cl aims made by the Company, pursuant to Section 14 of TSCA and 40 CFR part 2, for the PMN substanc e(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. Information which has been previously disclosed to the public (e.g., a chemical identity that was not claimed as CBI by the original su bmitter) would not subsequently be eligible for confidential treatment under this Notice of Transfer.1

TOXIC SUBSTANCES CONTROL ACT SECTION 5(e) CONSENT ORDER
NOTICE OF TRANSFER (continued)

___________________________________ _____________________ Company (Transferor) PMN Number

___________________________________ _____________________ Signature of Authori zed Official Date

___________________________________ Printed Name of Authorized Official

___________________________________ Title of Authorized Official

___________________________________ Successor in Interest

___________________________________ _____________________ Signature of Authori zed Official Date

___________________________________ Printed Name of Aut horized Official

___________________________________ Title of Authorized Official

___________________________________ Address

___________________________________ City, State, Zip Code2

TOXIC SUBSTANCES CONTROL ACT SECTION 5(e) CONSENT ORDER
NOTICE OF TRANSFER (continued)

___________________________________ Successor’s Technical Contact

___________________________________ Address

___________________________________ City, State, Zip Code

___________________________________ Phone