ATTACHMENT C UNITED STATES ENVIRONMENTAL PROTE CTION AGENCY OFFICE OF POL LUT IO N PREVENTION AN D TOX I CS REGULATION OF NEW C H EM ICAL SUBSTANCES P

END ING D EVELO PMENT Of INFORMATION

In th e matter of: ) Prem anuf acture Notice Number: ) ) ) ) ) [ ) P-11-0484 and P

- 11- 0543 ) ) ) ) )

Co n sent Order for Co ntrac t Manufacturer



### EPA SANITIZED(a) Scope. [ with [ 

## CONSENT ORDER I. 

### SC OP E OF A PPLI CAB ILIT Y AN D EXEM PTIO NS 

### J ("the Contract Manufacturer") has entered into a contract ] ("the Companies") to manufacture (defi ned by statute to includ e import) exc lusively for the Companies the following chemical substances: P-11-0484, [ ] and P-11-0543
] ("the PM N substances"). The requirements of this Order apply to all commercial manufacturing, processing, distribution in commerce, use and disposal of the PMN substances in the United States by the Contract Manufacturer, except to the extent that those activities are exempted by paragrap h (b).
(b) Exemptions. Manufacturing, process in g, distribution in commerce, use and disposal of the PMN subs tances is exempt from the requirements of this Order (except the requirement s in the Recordkeep in g and Successor Liability Upon Transfer Of Consent Order sec ti ons) on ly to the exten t that (1) these activities are conducted in full comp lian ce with all applicable r equ irements of the following exemptio n s, and (2) such compliance is documented by appropriate recordkeepi ng as required in the Recordkeeping sec tion of this Order. (1) Export. Until the Contract Manufacturer begins commercial manuf ac ture of the PMN s ub stanc es for use in the United States, the requirements of this Ord er do not apply to- 2- manufacture, processing or distribution in commerce of the PMN substances solely for expot1 in accordance with TSCA 

### § 12(a) and (b), 40 CFR 720
. 3(s) and 40 CFR Part 707
. Howeve r , once the Contract Manufacturer begins to manufacture the PMN substances for use in the United States, no further activity by the Contract Manufacturer involving the PMN subs tances is exempt
as "solely for export" eve n if so me small amount of the PMN substances is later expo rted
. /\t that point, the r eq uirements of this Order apply to all activities associated vvith the PMN substances whi le in the territory of the United States. Prior to leaving U.S. ten·itory, even those quantities or batches of the PMN substances that are destined for expo rt arc s ubj ect to terms of this Order, and count towards any production volume test triggers in the Testing section of this Ord er. (2) Research & Development ("R&D"). The requirement s of thi s Order do not app ly to manufacturing , processing, distribution in commerce, use and disposal of the PMN substances in small quantities so lel y for research and development in accordance with TSCA §5(h)(3), 40 erR 720.3(cc) , and 40 CFR 720.36. The r equ irements of thi s Order also do not app ly to manufacturing , processing, distribution in commerce, use and disposal of the PMN substances
when manufactured solely for non-commercial research and development per 40 CFR 720.30(i) and TSCA §S(i). (3) Byproducts. The requirements of this Order do not apply to the PMN substances when it is produced , without separate commercial intent , only as a " byproduct" as defined at 40 CFR 720.3(d) and in compliance with 40 CFR 720.30(g). (4) No Separate Commerc ial Purpose. The requirements of this Order do not apply to the PMN substances when it is manufactured, pur suant to any of the exemptions in 40 CrR 720.30(11), w ith no commercia l purpose sepa rate from th e substances, mixture, or article of.... - .) 

## - which it is a part. (5) Imported Articles. The requirement s of this Order do not apply to the PMN substances when it is imported as part of an "a rticle" as defined at 40 CFR 720.3(c) and in compliance with 40 CFR 720.22(b)(l ).
(c) Automatic Sunset. If the Contract Manufacturer has ob tained for the PMN substances a Test Market Exemption (''TME") under TSCA §5(h)( I) and 40 CFR 720.38 or a Low Volume Exemption ("LYE'') or Low Release and Exposure Exe mption ("LoREX") under TSCA §5(h)(4) and 40 CFR 723
. 50(c)( I) and (2) resp ec tiv e ly, any such exemption is automatically rend e red null and void as of the effective date of thi s Consent Order.

11. T ERMS OF MANUFACTURE PROCESSING, DISTRIBUTION IN COMMERCE, USE, AND DISPOSAL PENDING SUBM I SS IO N AND EVALUATION OF I NFORMAT IO N

PROHIBITION 1\s a co ndition of manufac turin g (defined by s tatute to includ e import) the PMN subs tan ces for th e Companies, th e Contract Manufacturer is prohibited from manufacturing, processing, distributing in commerce, using, or disposing of the PMN subs tances in the United States, for any nonexempt commercia l purpose, pending the development of information necessary for a reasoned evaluation of the human health and environmental effec ts of the substances, and the completi on of EP 1\ 's review of, and regulatory actio n based on, that information, except in accordance with the condi tion s described in this Orde r.

### - 4 -

CHEMI CAL SYNT HESIS AN D COMPO S IT ION (b) Restri c tions
. The Co ntract Manufacturer shall not manufac ture the PMN s ub s tances , unless testing of the [ ] start in g raw mate rial by th e Companies or as ev idenced b y a Ce t 1ificate o f Analysis from th e raw materi al supplier. meet s th e es ta bli shed purity level as specified in Tabl e I and Tab le 2 of thi s Order. 1 fa product that contained [ ] produ cts was processed or manufactured in the equip ment at the fac ilit y where the PMN s ubstance s are to b e made, th e Companies s hall tes t the Initi ally Isolated Formulat ions of th e PM N substances for th e analytes specified in Table 3 of this Order to confirm that cross-contaminat ion f rom the manufacture of the product with 

### l ] has no t occurred. Test in g shall be co nducted upon initial commencement of manufacture and at least annuall y th e r ea fter , until one yea r af ter th e date of the last manufac ture o r**proces~ing** of a prod uc t that conta ins [ ] produ cts at that facili ty . No tes tin g of Initiall y Isolated Formulations of the PMN s ub s tances will be required if[ ] have not been prev iou s ly manuf ac tured or processed o r
we r e not manufactured or processed at the facili ty wit hin one year of manufacturing or proc ess ing of th e PMN subs t ances . The Companies s hall subm it all test protoco l s to EPA for approval prior to initi atin g testing. Protocols shou ld be submitted to the OPPT Document Contro l Office (74 07M ), 1 200 Penn sy lvani a 1\ve, N. W ., Washington, DC 20460: Attention: Pro gram Ma na ger, New C he mi ca ls Program, C hemic al Con tro l Di visio n. EPA will respond to th e Co mpani es w ithin [ ] weeks of receiving the writt en protocols. Absent a resp onse from EPA within th e [ ] window, the Comp anies are permitted to rely on its protocols until a n EPA respo nse i s received. The Compan ie s shall record the- 5 - levels of impurities [ ] associated with the PMN substances manufactured by th e Contract Manufacturer , as specified below. The Companies shall record analytes present in the [ ] , at each manufacturin g facility using this raw material (as shown in Table 1). f-urther, the Companies will also annually re cord the analyte [ ] present in the [ ] starting rav.l material (as show n in Table 2). The Companies shall make it s best effort to minimi ze these impuritie s. If any new manufacturing facilities are added,
or the manufacturing process is significantly altered, th e n the PMN substances must be tested at commencement of the se actions and annually thereafter.
(b) Reporting. The Companies s hall te s t repre se ntative samples of the Initially Iso lated Formulations of the PMN substances manufactured (defined by s tatute to include import) by the Contract Manufacturer to determine compliance with the requirement s in paragraph (a). The Companies shall test the Initi ally Isol ated Formulations of the PMN substances at each manufacturing facility both (I) at the initial commencement of non-exempt manufacture of the PMN substances at that facility, and (2) at least annually thereafter during every year in which the PMN s ubstanc e is manufactured at that facility. If any new manufacturing facility is added,
or if the process of manufacture of the PMN substances or any interm ed iate thereof is significant ly altered , then th e Initiall y Isolated formulation of the PMN subs tan ces must be tested at commencement of these actions and annually there afte r , as se t forth above. If the PMN
s ubstances are imp o rted , the Companies shall obtain from the foreign manufacturer written documentation to certify that r epresentative samples ofthe imported form of th e PMN
s ubstance s have been tested , consistent with the r equirements of this paragraph (b) and- 6- determined to comply with the requiremen ts of paragraph (a). The Companies shall report the above testing to EPA at initial commenceme nt of manufacture (defined by statute to in c lude imp ort) and again if any ne w manuf actur ing facility is added or if the process of manufacture of the PMN substances or any intermediate thereof is
s ignificantly altered. The Companies shall continue to report these impurity levels to EPA annual ly. Th is is consistent with the cu rrent annual reporting cycle [ ]. In addition to the reporting for the Initially Iso lated Formulations of the PMN substances itself , the Companies shall, for th e [ ] starting raw material, annually report (I) the average values and the range of values, including outlying data , for the routine testing for the ana lytes specified in Table I , and (2) the results of the annual testing for the analyte specified in Table 2.

TABLE I: Chemicals to be Routin e ly Tested in [ ] Starting Raw Materia l Analyte CAS Number Limit in [ ] 

### [ ] [ 

### J [ ] minimum [ ] [ ] 

## l 1 [ ] [ 

### J

TABLE 2: Chemicals to be Tested at least Annually in [ j Starting Raw Material Analyte CAS
. Number Limit in [ ] [ ] [ ] [ ]

### - 7

-

TABLE 3 : Chemica l s to be Tested in the Initi ally Isolated Formu lations of th e PMN Substance Estimated Maximum in Initi ally Analyte CAS Number Iso,Iated Formulations of the PMN Substance [ 

### ] [ ) [ 

## · 1 (combined) [ ] [ ] [ ] 

### [ ] [ ]

MANUFACTURING (a)( I) Prohibition. The Cont ract Manufacturer sha ll not begin manufacture (defined by statute to include import) of the PMN substances until the Co ntract Manufacturer o r th e Companies receive a fu ll y executed copy of the Consent Order for Con tract Manufacture from EPA. (2) The Contract Manufactu r er shall not cause, encourage, or suggest the manufacture (defined by statute to include import) of the PMN substances by any other person, except the Companies. (3) Sunset Following SNUR. Subparagraph (a)(2) s hall expire 75 days afte r promulgation of a final sign ificant new use rule ( " S 'UR") govern in g the PMN substances under section 5(a)(2) ofTSCA unless the Contract Manufacturer is notified on or before that day of an action in a Federal Cou rt seeking judicial review of the SNUR. If the Contrac t Manufacturer i s
so notified, subparagraph (a)(2) s hall not expire until EPA notifies the Contract Manufacturer in writing that all Federal Court actions involving the SNUR have been resolved and the validity of the SNUR affirmed.

### - 8

- (4) Notice ofSNUR. When EPA promulgates a final SNUR for the PMN substances
and subparagraph (a)(2) expires in accordance with subparagraph (a)(3), th e Contract Manufacturer shall no tif y eac h person whom it causes, encourages or s ugges ts to manuf ac ture (de fined by statute to include import) the PMN substances of the existence of the SNUR. Such
notificat ion mu st be in writing and must specifically inc lude all limitati o ns co nt ained in th e SNUR which are defined as significant new uses, and which wou ld invok e s ignificant new use notification to EPA for the PMN substances. Such notice must also ref e r

e nce the publication of the SNUR for the PMN subs tances in either the Federal Re g is ter or the Code of Federal R

egulat io ns.
(c) The Compani es and their Contract Manufactu r er(s) shall not manufacture the P

MN s ub stance s P-1 I -0484 and P-1 I -054 3 excee ding: 

### 1

kilograms annu ally, respectively , while the Companies conduct the Tier I tes tin g s p ec ifi ed in their Co nsen t Order for these PMN subs tanc es, and ) kilograms annually , r es pectively , while the Companies conduct the ti e r 2 and 3 testin g spec ifi ed in their Consent Order for th e se PMN substances.

The Contrac t Ma nuf ac ture r sha ll: (a) Use the c hemica l su b stances PI 1- 0484 and P 1 1-0543 only as surfac t ant s for [ ] app lic at ion s as described in the PMN s; and- 9- (b) Not use the PMN substances Pl l- 0484 and Pll-0543 for consumer spray applications.



### DI ST RIBUTION (a) The Contract Manufacturer shall distribute the PMN s ub s tances only to ''the Companies."
(b) Export Notice Requirement. No later than the date of distribution, the Contrac t Manufacturer s hall notif y in w riting any person to whom it distributes the PMN subs tance s that, due to the issuance of this Co n sent Order under section S(e) ofTSCA, the PMN substances i s subject to the export notification requirements ofTSCA sec ti on 12(b) and 40 CFR Part 707 Subpa rt D. Suc h notic e s hall contain , in the form in which it appears in this Consent Orde r , the follow in g information: (I) the P MN number, and (2) either (A) the specific chemical identity of the PMN , or (B) if the specific chemical identity is confidential , the generic chemica l identity.



### DI S POSAL (b) The Cont ract Manufacturer sha ll dispose of the PMN substances and any waste stream containing the PMN substances only as follows: all manufacturing and processing-related waste containing the PMN substances must be in ci nera ted in an in c in erator operating at the temperature of at least I000 degrees C and a res idence time of minimum of 2 seconds. Any tank or vessel washings, residues from transport vessels or tanks, and similar materials that are- I 0 - captured and r etain ed in th e normal course of manufacturin g and process in g fo r re-use in manufacturing of the PMN substances o r products made from the PMN substances are exempt f ro m thi s m ethod of di sposa l.
This provision do es not supersede o r preempt any app licable federal , s tate , and loca l laws
a nd regul ati o n s if those laws are more s trin gent than th e requiremen ts below.



### RELEASE T O WAT ER Thi s provi s io n does not s up ers ede or pre e mpt any applicable federal, state , and loca l law s and regulati ons. (Those other laws may be mo r e stringent than the requirement s below .) The Cont rac t manu fac turer is prohibited f ro m any pr edictable o r purposeful release of the PMN
s ub s tances, or any manuf ac turin g/proc ess in g waste streams co ntaining the PMN s ub s tanc es to th e waters of the United States except [

).



### RI SK NOT IFI C ATIO N (a) If as a result of the test d ata required und e r the terms of this Order. the Con tract Manufacturer becomes aware th at th e PMN s ub s tance s may present a ri s k of injury to hum an health o r th e e nvironm ent (or is so notified by EPA), the Co ntr act Manuf ac turer must incorporate this ne\ v information, and any information on methods for protecting agai n s t such risk, into a- I I - Material Safety Data Sheet ("MSDS") for the PMN substances, as described in 40 CFR section 721.72(c) , within 90 days from the time the Cont ract Manufacturer becomes aware ofthe new information. If the PMN s ubstances is not being manufactured (de fined by s tatu te to includ e import), processed, or used in the Contract Manufacturer's workplace, the Contract Manufacturer must add the new infonnation to an MSDS before the PMN substances is reintroduced into th e workplace.
(b) The Contract Manufacturer must ensure th at persons who w ill receive the PMN substances from th e Co ntract Manufacturer , or who have received the PMN substances from the Con tract Manufacturer within 5 yea rs f rom the date the Contract Manufacturer becomes aware of the new information described in paragraph (a) of this sec tion , are provided an MSDS contain in g the information required under parag raph (a) within 90 days from the time the Contract Manufactui·er becomes aware of the new inf o rmation.



### III. R EC ORDKEE PI NG (a) Records. The Contract Manufacturer shall maintain the following records until 5 years after the date they are created and shall make them avai lable for in s pection and copying by EPA in accordance with section II ofTSCA: (I) Exemp tions. Records documenting that the PMN substances did in fact qualify for
any one or more of the exempt ions desc ribed in Sect ion I, Paragraph (b) of this Order. Such records must satisfy all the sta tutory and regulatory recordkeeping requirements applicable to the exemption being claimed by the Contract Manufacturer. Any amoun ts or batches of the PM- 12- substances e li g ible for the export only exemp tion in Section I, Paragraph (b)( I) of this Order arc exempt from all the requirements in this Rccordkeeping section , if the Contract Manufacturer maintains, for 5 year s from the date of their creation, copies of the export label and export notice to EPA, required by TSCA sections 12(a)(l)(B) and 12 (b), respectively. Any amounts or batches of the PMN substances e ligi ble for the research and development exemption in Section I, Paragraph (b )(2) of this Order are exempt f rom all the requirements in this Recordkeeping section , if th e Contract Manufacturer maintains, for 5 years from the date of their creation, the records r equ ired by 40 CFR 720.78(b). For any amounts or batches of the PMN substances claimed to be eligible for any other exemption described in Sect ion I, Paragraph (b) of this Order, the Contract Manufacturer shall keep records demonstrating qualification for that exemption as well as the records specified in paragrap h s (3) and (4) below, but is exempt from the other recordkeeping requirements in this Recordkeeping section; (2) Records documenting compliance with the Chemical Synthesis and Composition, Manufacturing , and Distribution sections of this Order; (3) Records documen tin g the man uf acture (defined by statu t e to in clude import) volume of the PMN substances and the corresponding dates of manufacture; (4) Records documenting the names and addresses (including shipment destination address, if different) of all persons outside th e s ite of manuf ac ture (defined by s tatute to in c lud e import) to >vvhom the Contract Manufacturer directly se ll s or transfers the PMN substances, th e date of each sale or transfer , and the quantity of the substances sold o r transferred on such date ; (5) Records documenting the address of all sites of tm in ufacture (defined by statute to include import);- 1 3

- (6) Reco rds documenting compliance w ith any appl icab le manufacturing , processing, use, and distribution r estrictions in th e Manufacturing, Processing, Use, and Distribution sec tion s of this Order; (7) Records documenting compliance with any applicable disposal requirements und er the Disposal section of this Order , including method of disposal, location of disposal sites , dates of disposal, and volume of PMN substances disposed; (8) Records document ing establishment and impl ementat ion of procedures that ensure compliance wi th any applicable \Vater discharge limitati on in the Release to Water section of this Orde r ; and, (9) The Contrac t Manufacturer s hall keep a copy of this Order at each of its sites where the PMN substances is manufactured (defined by statute t o include import), processed, or used.
(b) Applicability. The provisions of this R eco rdkeeping Section ar c applicable on ly to ac tivitie s of the Contract Manufacturer, and not to activities of the Contrac t Manufacturer's customers .
(c) OMB Control Number. Under th e Paperwork Reduction Act and its re gulation s at 5 CFR Part 1320 , particularly 5 CFR 1320.5(b), th e Contract Manufacturer is not required to respond to this "collection of information" unless this Order displays a currently val id control number from the Office of Management and Budge t ("OMB"). and EPA so informs the Contract Manufacturer. The "co lle ction of information" requi r ed in thi s TSCA §5(e) Consent Order has been approved und er currently valid OMB Co ntrol Number 2070-0012.- 14

- IV. RE Q UESTS FOR PRE -I NS PECTI O N INFORMAT ION (a) EPA's Request for Information. Pursuant to section 11 ofTSCA and 40 CFR 720.122, EPA
may occasionally conduct on-site comp li ance inspections of Contract Manufacturer facilities and conveyances associated with the PMN substances
. To facilitate such inspections , EPA personnel
ma y contact the Coptract Manufacturer 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 : (!) Expected dates and times when the PMN substances will be in production within the subsequent 12 months; (2) CuiTent workshift schedules for workers who are involved in activities associated with the PMN substances and may reasonably be exposed to the PMN substances; (3) Current job titles or categories for workers who are involved in activities associated with the PMN substances and may reasonably be exposed to the PMN substances; (4) Existing exposure monitoring data for workers who are involved in activities associated with the PMN substances and may reasonab ly be exposed to the PMN substances that
are collected during the manufacture or processing of the PMN substances; (5) Records required by the Recordkeeping section of this Order; and/or, (6) Any other information reasonably related to determining compliance with this Order
or conducting an inspection for that purpose.
(b) Contract Manufacturer's Response. The Contract Manufacturer 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 Contract Manufacturer"s response s hall- 15 - be in writing. To the extent the information is known to or reasonably ascertainable by the Contract Manufactur e r at the time of the request, the Contract Manufacturer ' s response shall demonstrate a good faith effort to provide reasonab ly accu rate and detailed answers to all of EPA's requests.
(c) Confidential Business Informat ion. Any Confidential Business Information (" · CB I") that the Contract Manufacturer submits to EPA pursuant to paragraph (b) shal l be protected in accordance v vith § 14 ofTSCA and 40 CFR Part 2.



### V. MOD IFICA TIO N AN D R E

VO CA TIO N OF CONSEN T ORD ER The Contract Manufactu r er may peti tion EPA at ahy time, based upon new info rmation
on the human health or envi ronmental effects of , or human exposure to o r environmental release of, the PMN substances , to modify or revoke substantive provisions of this Order. The exposures and risks ident ified by EPA dur ing its rev iew of the PMN s ubstances and the information EPA determined to be necessary to evaluate those exposures and risks arc describ ed in the preamble to this Order. However, in determi ning whether to amend or revoke this Ord e r , EPA will cons ider all r e levant informa tion availab le at the time the Agency makes that determination , including , where app ropriate , any reassessment of the test data or other information that supports the findings in this Order , an examination of new test data or o ther information or an alys i s, and any o th er r elevan t informat ion. 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- 1 6-
will no t result in s ignifi ca nt o r substantial hum an exposure or s ub sta ntial env ironmenta l release in the absence of data sufficient to permit a reasoned evaluation of the health or env ironmental effects of th e PMN substances. In add iti o n , the Contract Manufacturer may petition EPA at any tim e to make other modifications to the language of this Order. EPA will issue suc h a modification if EPA determ in es that the modifi cati on i s useful , app ro priate , and cons i s tent with the s tructu re and intent of this Order as issued.- 17

- VI. EFFECT OF C ONSENT O RDER (a) Waiver. By consenting to the entry of this ,Order, the Contract Manufacturer waives its rights to · file objections to this Order pursuant to section S(e)(l )(C) ofTSCA, to receive serv i ce of this Order no l ater than 45 days before the end of the review period pursuant to section S(e)(l)(B) ofTSCA, and to challenge the validity ofthis Order in any subsequent actio n . Consent,ing to the entry of this Order, and agreeing to be bound by its terms, do not constitute an admission by the Contract Manufacturer as to the facts or conc l usions underly i ng the Agency's determinations in this proceeding
. This waiver does not affect any other rights that the Contract Manufacturer may have under TSCA.

(b) CBI Brackets. By signing th i s Order, the Contract Manufacturer represents that it has carefully r ev iewed this docum e nt a nd hereby agrees that al1 information herein that is claimed as confidential by the Contract Manufacturer (per section 14 of TSCA , 40 CFR Part 720 Subpart 

### E, and 40 CFR Part 2) is correctly identified w ithin brackets and that any information that is not bracketed is not claimed as confidential. To make this document available for public viewing, EPA will r emove on l y the informat ion contained within the brackets
.

Date 

# [**~-~L---_** Maria J. Doa, P
. ., Dir ecto r Chemica l Contra Division Office of Pollution Prevent ion and Taxies



# _ _ 

# ) ] Nan1e: 

# t Titl e: [ Contract Manufacturei· :

### ·

### ATTACHMENT 1 D

EFIN ITION S Note: The attached Order may not contain some of the terms defined below
. "Chemical name" means the scientific designation of a chemical substance in accordance with the nomenclature system developed by the Chemical Abstracts Service's rules of nomenclature, or a name which will clearly identify a chemical substance for the purpose of conduct in g a hazard evaluation. "Co mpany " means the person or persons subject to this Order. "Co mmercial use" means the use of a chemical substance or any mixtu r e conta inin g the chemical substance in a commercial en terpri se providing saleable goods or a service to consumers (e.g., a commercial dry cleaning establishment or painting contractor)
. "Common name" means any designation or id entifi catio n such as code name, code number , trade name , brand name, o r 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 containin g the chemical substanc e in or around a permanent o ' r temporary household or re si dence, during recreation , or for any persona l use or enjoyment. "Consumer product" means a chemical substance that is direct ly, or as part of a mixture, sold or made availab le to consumers for their use in or around a permanent or tempo rary household or residence, in or around a school, or in recreation. "Container" means any bag, barrel , bottle, box , can, cylinder , drum, r eaction vessel , storage tank, or the like that contains a hazardou s chemical. For purposes of this sect ion , pipes or piping systems, and engines, fuel tanks , or other operating systems in a vehicle , ar e not considered to be containe rs. "Co ntract Manufacturer" mean's a person, outside the Companies , who is auth orized to manufacture (defined by statute to include import) the PMN substance under the conditions specified in Part II of this Consent Order and in the Consent Order for Contract Manufacturer. "Final Formulat ion of the PMN substance" means the formulated dispersion of the PMN substance in the form in which it is sold to customers outside the Companies or transferred to a different business unit within the Companies. The term does not include intermediate dilutions of the PMN substance that are intended o nl y for use with in the Co mp anies for further dilution prior to sale.

" Identity " means any chemical or common n ame used to id ent if y a chemical substance or a mixture contain in g that s ubstanc e.A-2

" I

mmed iate use ." A ch e mi ca l s ubstance is for the " immediate use " of a pe rson i f it is under th e control of, and us ed only b y, the person who tran sfe rred it from a label ed container and will only be u se d by th at person within th e work s hift in whi ch it i s tran s ferred from the lab e led co ntainer.

" Initi ally Iso lated Formulation s of the PM N subs tance·· means a common intermediate PMN formulation , as it exists when fir s t produced**md** isol at e d afte r th e po lymer manufacturing process, th at can be further process ed or repacka ged at the direction of th e Companies to r es ult ultimately in one or more fin al fo rmul at ions of th e PMN s ub stance .

" Manufactu rin g stream " m ea ns all r easo nab ly anti c ip ated tran sfe r, flow , o r dispo sa l of a chemical s ubstance , r ega rdl ess of physical state or concentrat io n , throu gh all int en ded operations of manuf ac ture, in c luding the clea ning of equipme nt. "MS DS " m ean s mate ri al safet y d ata s heet, th e wr itten li s tin g o f data for th e chemical subs tanc es. "No n -e ncl osed proces s" means any e quipm e nt syste m (s uch as a n ope n-t op r eac to r , storage t ank, o r mixin g vessel) in which a chemical s ubstan ce i s manufactured , processed, or otherwi se u sed where s ignifi cant direct contact of th e bulk chemical s ub sta nce and th e workplace air may occ ur.

.. Non

- industrial use" means use o ther th an at a facility whe re chem ical substances or mixtures are manuf ac tured (defi ned by s tatute to include import) or proc esse d. "PMN substance" me ans the chemical s ub s tance descr ibed in the ?rem anu fa cture notice sub mitted by th e Co mpanie s re levant to thi s Ord er. "P r ocess s tream" m eans all rea so nably ant i c ip at ed tra n sfe r, flow , o r disp osa l of a che mical subs tanc e, r ega rdl ess of phy sical s tate or co ncentr ati o n , through all intended operations of proc ess in g, including th e c leaning of eq uipm ent. ·'Scientifically in va lid " m eans any sig nific ant departure from th e EPA- app roved protoco l , or the Good Laboratory Practi ce Standards at 40 C FR Part 792 without pri or o r subseq uent Age nc y approval th at preve nts a reas o ned eva lu ati o n of the hea lth or environmental effect s of th e PMN substance. "Scien tifi cal ly equ ivocal data " mea ns data wh ich , alth o ugh de ve loped in apparen t co nf o rmit y with th e Good Laboratory Prac tice Standards and EPA-approved pro toco ls , ar e inconclusive , int erna lly incon s i ste nt , or o th erw is e in s ufficient t o permit a reason ed evaluation of the potent ial ri sk of injury to human hea lth or th e environm ent of the PMN substance.A-3 "Sealed container" means a closed container that is physica ll y and chemical ly suitable for lo ng-term containment of the PMN subs tance, and from which there will be ne ither human exposure to nor environmental release of the PMN substance during transport and storage.

' ·Use stream " m ea ns all reasonably anticipate d transfer , fl ow, o r d i sposal of a chemica l s ub stance, r egardl ess of physica l s tate or conce ntration , throug h all in tended ope rat io n s of indu strial , commercial, or consumer use.

" Waters of the United States" has th e meaning set forth in 40 CFR 12 2.2. "Wo rkplace" m ea ns an esta bli shment at one geographic location co nt ainin g one or more work ar eas.- 2

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### AT TAC H MENT 1 DEFIN IT IO NS Note: The allached Order may not contain some of the terms defined below. "C he mical name " means the sc ientific designati o n of a chemical substance in accordance with the nomenclature system developed by th e C hemic al Abst racts Service's rules of nomenclature, or a name which will clearly id entify a c hem ical substance for th e purpose of conducting a hazard evaluation. ·'Company" m ea ns th e person o r pers o n s s ubj ec t to thi s Order. "Commercial u se" means the use of a chem ical substance or any mixture co ntainin g the chemical substance in a commercial enterprise providing sale able goods or a service to co nsu mers (e.g., a commercial dry cl ea ning establishment or painting contractor). ''Co mm o n nam e" mean s any des ig nati o n or id e ntificati o n s uch as code name, code number, trade name, brand name, or gener ic chem ical nam e used to identify a chemical subs tance other than by its chemical name.

' ·C onsume r" means a private indi vi du al v.rho uses a chemical substance o r any product con taining the chemical substance in o r around a permanent or temporary household or r esidence, during re c r ea ti o n, o r for any pe rson al use or e njo ym en t.

.. Consumer product " means a chemica l substance that is directly , or as part of a mixture. sold o r mad e ava ilabl e to consumers for their u se in or around a permanent or temporary hou sehold or residence, in or around a sc hoo l, o r in r ecreation. "Co ntain er" mea ns an y bag, barrel , bottle , box, can, cylinder, drum, reac ti o n vesse l , storage tank, or the like that co ntains a hazard ous chemical. For purposes of thi s sec ti o n , pipes or piping sys tems, and eng in es, fuel tanks, or other operating syste m s in a ve hi cle , are not considered to be containers.

' ·Contract Manufac turer'' m eans a person , outside the Companies , who is authori zed to manuf ac ture (defi ned by statute to include import) the PMN s ub s tance under th e co nditi o n s specified in Part II of thi s Consent Ord er and in th e Consent Order for Contrac t Manufacturer.

" Fin a l Formul ation of the PMN s ubst anc e" me ans the formulat ed dispersion of th e PMN substance in the form in whi ch it is sold to customers ou tside the Co mpanies or transferred to a different business unit within th e Companies. The term does not include intermediate dilut ions of th e PMN s ubstance that are intended only for use within the Co mpanies for further dilution prior to sale.

" Identit y" mean s any chemical or common name used to identify a chemical substance or a mixture con taini ng that substance
.A-2

" Immediate usc. " A ch emical substance is for the " immediate use " of a person if it is under the control of, and used only by, the person who transferred it from a labeled container and will only be used by that person within the \V O rk shift in which it i s transf e rred from the labeled conta in er.

" Initially Isolat ed Formulations of the PMN substance" means a common intermediate PMN formulation, as it exists when first produced and isolated after the polymer manufacturing process, that can be further processed or repackaged at the direction of th e Companies to result ultimately in one or more final formulations of the PMN substance. "Ma nufacturing stream" means all rea so nably ant icipated transfer , flow , or disposal of a chemical substance, re gardless of physical sta te or concentration , through all intended operations of manuf ac ture , including the clean in g of equipment.

' ' MSDS" means material safety data sheet, the written listing of data for the chemical substances. "No n-enclosed process" means any equipment system (such as an open-top react o r , storage tank, or mixing vessel) in which a chemical s ubstance is manufactured, processed, or otherwise used where significan t direct contac t of the bulk chemical subs tance and the vvorkplace air ma y occ ur. "No n-indu st rial use" means use o th er than at a facility where chemical subs tance s or mixtures are manufactured (defined by statute to include import) or processed. "PMN substance" means the chemica l subs tance described in the Premanufacture notic e submitted by the Companies relevant to this Order. ·'Process stream" means all reasonably anticipated transfer, flow , or disp osa l of a chemical substance, regardless of physical state or concentration, through all int ended operations of processing, includin g the cleaning of equ i pment.

" Sc ientifically invalid " means any significant departure from the EPA -appro ved protocol , or the Good Laboratory Practice Standards at 40 CFR Part 792 without prior or s ubsequent Agency approval that prevents a reas oned evaluation of the health or environmental effects of the PMN substance.

" Scie ntifically equ ivoc al data" means data which, although developed in apparent conformi ty with the Good Laboratory Practice Standards and EPA-approved protocols, are inconclusive, internally inconsistent, or otherwise insufficient to permit a reasoned evaluation of the potential risk of injury to human hea lth or the environment of th e PMN substance.A-3 "Sca led container" me a ns a closed container that is physicall y and chemica ll y s uitabl e fo r long-term co nt ai nment of the PMN substance, and from whi ch the r e will be neith e r human expos ure to nor e nvironmental relea se of the PMN substance during transport and storage. "Use stream" means all reasonably anticipated tr ansf er , flow, or di sposal of a ch em ic al substa nce , regardless of phys ical state or concentration , throu gh all intended operations of indu s trial, commercial, or con s umer use. "Wate rs of the United S tates" has th e me aning set forth in 40 CFR 1 22
. 2.

" Workplace " means an es tabli shmen t at one geog raphi c location containin g one or more wo rk areas.