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UNITED STATESENVIRONMENTAL PROTECTION AGENCY OFFICE OF POLLUTION PREVENTION AND TOXICS REGULATION OF ANEW CHE MICAL SUBSTANCES PENDING D EVELOPMENTOF INFORMATION 

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In the matterof: ) PremanufactureNoticeNumber: ) ) ) ) ) Huntsman Corporation ) P-12-115 and P-12-116 ) ) ) ) )

Consent Order, ConsentOrder for ContractManufacturer, and Determinations Supporting Consent Order

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### TABLE OF CONTENTS Preamble I. 

### Introduction II. Summary ofTerms ofthe Order III. Contents ofPMN IV. EPA's Assessment ofRisk V. EPA's Conclusions ofLaw VI. Information Required to Evaluate Environmental Effects
Consent Order I. 

### Scope ofApplicability and Exemptions II. Terms ofManufacture, Processing, Distribution in Commerce, Use, and Disposal Pending Submission and Evaluation ofInformation III. Recordkeeping IV. SuccessorLiability Upon Transfer ofConsent Order V. Modification and Revocation ofConsent Order VI. Effect ofConsent Order AttachmentA- Definitions Attachment B -Notice ofTransferofConsentOrder Attachment C
- Consent Order for ContractManufactureri i.i



## PREAMBLE

I. INTRODUCTION 

### Under the authority of§ 5(e) ofthe Toxic Substances Control Act ("TSCA") (15 U.S.C. 2604(e)), the Environmental Protection Agency ("EPA'' or "the Agency") issues the attached Order, regarding premanufacture notices ("PMN") P-12-115 and P-12-116 for the chemical substancess ("the PMN substances") submitted by Huntsman Corporation ("the Company"), to take effect upon expiration ofthe PMN review period. The Company submitted these PMNs to EPA pursuant to§ 5(a)(l) ofTSCA and 40 CFR Part 720. Under § 

### 15 ofTSCA, it is unlawful for any person to fail orrefuse to comply with any provision of§ 5or any order issued under§ 5. Violators may be subject to various penalties and to both criminal and civil liabilitypursuantto § 16, and to specific enforcement and seizurepursuant to § 17. In addition, chemical substances subject to an Order issued under §5ofTSCA, such as these two, are subject to the § 

### l2(b) export notice requirement.iv 

### II. SUMMARY OF TERMS OF THE ORDER The Consent Order for these PMN substances requires the Company to: (a) label these PMN substances and provide Material Safety Data Sheets ("MSDS") and worker training in accordance with the provisions ofthe Hazard Communication Program section;
(b) not use PMN substances P-12-115 otherthan as a chemical intermediate to prepare an interfacial tension reducer for enhanced oil and P-12-116 otherthan as an interfacial tension reducer for enhanced oil recovery; (c) distribute these PMN substances only to a person who agrees to follow the same restrictions and to not further distribute these PMN substances until they have been partitioned into oil or petroleum streams following use as an interfacial tension reducerfor for enhanced oil recovery applications; (d) comply with the Release to Water provisions; and (e) maintain certainrecords. (f) A Consent Order for Contract Manufacturer is attached to extend these requirements to any Contract Manufacturers.v 

### III. CONTENTS OF PMN 

### By signing this Order, the Company represents that ithas carefully reviewed this document and agrees that all information herein that is claimed as confidential by the Company is correctly identified within brackets and that any information that is not bracketed is not claimed as confidential. To make this document available for public viewing, EPA will remove only the infom1ation contained within the brackets.
chemical identity, production volume, and manufacturing information Chemical Identity: P-12-115 P-12-116 I 

### Generic: P-12-115 Alkylbenzene sulfonic acid P-12-116 Alkylbenzenc sulfonate sodium salt Use: P-12-l I5 Chemical intermediate to prepare an interfacial tension reducer for enhanced oil recovery. P-12-116 Interfacial tension reducerfor enhanced oil recovery. Jest

**[)~t~S_u_bmitted** 

### with the PMN: Ecotoxicity acute base set on P-12-116vi 

### IV. EPA'S ASSESSMENT OF RISK 

### The following are EPA's predictions regarding the probable toxicity and envirorunental releases ofthese PMN substances, based on the information currently available to the Agency. I

**ironm** · 'ntal 

### Effects Summarx: 

### Based on test data on the P-12-0116, EPA identified the following concentrations ofconcern: Chronic (20 days ofexceedance or greater): 4part perbillion ("ppb") Acute (less than 20 days ofexceedance): 84 ppb EPA has applied the results ofthe test data to P-12-0115, as an analogous chemical substances. Hurmm

_ He_'!lth Effects Summary: Absorption is poor from the skin, moderate from the 

### GI tract, and good from the lung (analog)
. Concern for surfactant effects on the lung; corrosion to eye, mucous membranes and lung based on surfactant properties ofthe compounds and analogues. Rabbit dermal study indicated potential for skin irritation.
Environmental Release Summary: During the initial review ofthe PMN that applied generic engineering scenarios published by EPA relevant to the notified use, EPA assessed the following releases and exposures ofthe PMN substances.#Sites Workers (#/site) Exposure (days/year) Dermal Exposure (mg/day) Inhalation Exposure (mg/day) Releases (days/year) Release to Water (kg/day) Surface Water Concentration (ppb) Days Exceeding Concern Level vii Manufacture Processing/Use 

### Pl2-115 Pl2-116 Pl2-115 P2-116

As part ofthis Consent Order, the Company has agreed to limit any predictable or purposeful release ofthe PMN substances, or any waste stream from manufacturing, processing, and use containingthe PMN substances, into the waters ofthe United States that would result in surface water concentrations exceeding4 partsperbillion ("ppb"), when calculated using the methodsviii 

### described in 40 CFR 721.91. Except for quantities ofthe PMN substances that have partitioned into oil orpetroleum streams following use as an interfacial tension reducer for enhanced oil recovery applications, the Company shall distribute the PMN substancs outside the Company only to aperson who has agreed in writing priorto the date ofdistribution, to, among other requirements, to also abide by this waterrelease trigger and shall maintain such agreements on file for inspection by the Agency.

V. EPA'S CONCLUSIONS OF LAW 

### The following findings constitute the basis ofthe Consent Order: (a) EPA is unable to determine the potential for ecological toxicity and environmental fate from environmental release ofthe PMN substances. EPA therefore concludes, pursuant to § 

### 5(e)(1

### )(A)(i) ofTSCA, that the information available to the Agency is insufficientto permit a reasoned evaluation ofthe environmental effects ofthe PMN substances.
(b) In light ofthe potential risk ofecological toxicity posed by the uncontrolled manufacture (including impOii), processing, distribution in commerce, use, and disposal ofthe PMN substances, EPA has concluded, pursuant to§ 5(e)(l)(A)(ii)(I) ofTSCA, thatuncontrolled manufacture (including import), processing, distribution in commerce, use, and disposal ofthe PMN substances may present an unreasonable risk ofinjury to the environment.ix 

### VI. INFORMATION REQUIRED TO

**I~VALUATE** 

### ENVIRONMENTALEFFECTS

Pended Testing. Thefollowing additional information would be required to evaluate the following effects which may be caused by the PMN substances. Aquatic invertebrate chronic toxicity test, freshwater daphnids (OPPTS 850. 1300); and Fish chronic toxicity in clean dilution water (OPPTS 850. 1400).
The Orderdoes not require submission ofthe above pended testing at any specified time or production volume. However, the Order's restrictions on manufacture, processing, distribution in commerce, and use ofthe PMN substances will remain in effect until the Order is modified or revoked by EPA based on submission ofthat or otherrelevantinformation.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



### TSCA CONFIDENTIAL 

### BUSINESS INFORMATION DOES 

### NOT CONTAIN NAT!ONAL SECURITY INFORMATION 

### (E.O. 12065:



## CONSENT 

## ORDER OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION



### (a) Scope. The requirements ofthis Order apply to all commercial manufacturing,processing, distribution in commerce, use and disposal ofthese chemical substances ••••••••••••P-12-115 and P12-116 ("the PMN substances") in the United States by the Huntsman Corporation("the Company"), except to the extentthat those activities are exempted by paragraph (b).
(b) Exemptions. Manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substances is exempt from the requirements ofthis Order (except the requirements in the Recordkeeping and Successor Liability Upon Transfer OfConsent Order sections) only to the extent that (I) these activities are conducted in full compliance with all applicable requirements of the following exemptions, and (2) such compliance is documented by appropriate recordkeeping as required in the Recordkeeping section ofthis Order
.

Internet Address {URL) • http://www epa gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer
. Process Chlorine Free Recycled Paper- 2
- (1) Export. Until the Companybegins commercial manufacture ofthe PMN substances for use in the United States, the requirements ofthis Order do not apply to manufacture, processing
or distribution in commerce ofthe PMN substances solely for export in accordance with TSCA 

### §§ 12(a) and 12(b), 40 CFR 720.3(s) and 40 CFR Part 707. However, once the Company begins to manufacture the PMN substances for use in the United States, no further activity by the Company involving the PMN substances are exempt as "solelyfor export" even ifsome amount ofthe PMN substances are later exported. At that point, the requirements ofthis Order apply to all activities associated with these PMN substances while in the territory ofthe United States. Priorto leaving U.S. territory, even those quantities orbatches ofthe PMN substances that are destined for export
are subjectto terms ofthe Order, and count towards any production volume test triggers in the Testing section ofthis Order. (2) Research & Development ("R&D"). The r'equirernents of this Order do not apply to manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substances in small quantities solely for research and development in accordance with TSCA §5(h)(3), 40 CFR 720.3(cc), and 40 CFR 720.36. The requirements ofthis Order also do not apply to manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substances when manufactured solely for non-commercial research and development perTSCA §5(i) and 40 CFR 720.30(i). (3) Byproducts. The requirements ofthis Order do not apply to the PMN substances when they are 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).- 3
- (4) No Separate Commercial Purpose. The requirements ofthis Orderdo not apply to the PMN substances when they are manufactured, pursuant to any ofthe exemptions in 40 CFR 720.30(h), with no commercial purpose separate from the substances, mixture, or article ofwhich it is a part. (5) Imp01ted Articles. The requirements ofthis Order do not applyto the PMN substances when they are imported as part ofan "article'' as defined at 40 CFR 720.3(c) and in compliance with 40 CFR 720.22(b)(l). (6) Partitioned. The requirements ofthis Order do not apply to quantities ofthe PMN substances that have partitioned into oil orpetroleum streams following use as an interfacial tension reducer for enhanced oil recovery applications.
(c) Automatic Sunset. Ifthe Companyhas obtained for the PMN substances a Test Market Exemption ("TME") under TSCA §5(h)(l) and 40 CFR720.38 ora Low Volume Exemption ("LVE") or Low Release and Exposure Exemption ("LoREX") under TSCA §5(h)(4) and 40 CFR 723.50(c)(l) and (2) respectively, any such exemption is automatically rendered null and void as ofthe effective date ofthis Consent Order.- tj
- 

### II. TERMS OFMANUFACTURE, PROCESSING, DISTRIBUTIONIN

**COMMEI~CI~,** 

### USE, AND DISPOSAL PENDING SUBMISSION AND EVALUATION OFINFORMATION PROHIBITION The Company is prohibited from manufacturing (including importing), processing, distributing in commerce, using, or disposing ofthese PMN substances inthe United States, for any nonexempt commercial purpose, pending the development ofinformation necessary for a reasoned evaluation ofthe environmental effects ofthe substances, and the completion ofEPA's review of, and regulatory action based on, that information, except in accordance with the conditions described in this Order.



### HAZARD COMMUNICATIONPROGRAM (a) Written Hazard Communication Program. The Company shall develop and implement a written hazard communicationprogram for these PMN substances in each workplace. The written program will, at a minimum, describe how the requirements ofthis section for labels, MSDSs, and other forms ofwarning material will be satisfied. The Company must make the writtenhazard communicationprogram available, upon request, to all employees, contractoremployees, and their designated representatives. The Companymay rely on an existinghazard communication program, including an existing program established underthe OSHA Hazard Communication Standard (29 CFR 1910.1200), to comply with this paragraphprovided that the existing hazard'• communicationprogram satisfies the requirements ofthis section. The written program shall include the following: (1) A list ofchemical substances known to be present in the work areawhich are subjectto
a TSCA section 5(e) consent order signed by the Company or to a TSCA section 5(a)(2) SNUR at 40 CFRPart 721, subpart E. The list mustbe maintained in each work areawhere these PMN substances arc known to be present and must use the identity provided on the MSDS for the substances required underparagraph (c) ofthis section. The list may be compiled for the workplace or for individual work areas. Ifthe Company is required either by another Order issued under section 5(e) ofTSCA, orby a TSCA section 5(a)(2) SNUR at 40 CFR Part 721, subpart E, to maintain a list ofsubstances, the lists shall be combined withthe listunder this subparagraph. (2) The methods the Companywill use to inform employees ofthe hazards ofnon-routine tasks involving these PMN substances (e.g., cleaning ofreactor vessels), and the hazards associated with these PMN substances contained in unlabeled pipes in their work area. (3) The methods the Company will use to inform contractors ofthe presence ofthese PMN substances in the Company's workplace and ofthe provisions ofthis Order ifemployees ofthe contractor work in the Company's workplace and are reasonably likely to be exposed to these PMN substances while in the Company's workplace.
(b) Labehng. (1) The Company shall ensure that each container ofthe substances in the workplace is labeled in accordance with this subparagraph (b)(l). (i) The label shall, at a minimum, contain the following information:- 6
- (A) A statement ofthe health hazards(s) and precautionary measure(s), if any, identified either in paragraph (f) ofthis section or by the Company, for the PMN substances. (B) The identity by which the PMN substances maybe commonly recognized. (C) A statement ofthe environmental hazard(s) and precautionary measure(s), ifany, identified either in paragraph (f) ofthis section, orby the Company, for the PMN substances. (D) A statementofexposure and precautionary measure(s), ifany, identified either in paragraph (f) ofthis section, or by the Company, for the PMN substances. (ii) The Company may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu ofaffixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys information specified by subparagraph (b)(1 )(i) ofthis section. Any written materials must be readily accessible to the employees in their work areas throughout each work shift. (iii) The Companyneed not label portable containers into which the PMN substances are transferred from labeled containers, and which are intended only for the immediate
use ofthe employee who performs the transfer. (iv) The Company shall not remove or deface an existing label on containers of these PMN substances obtained from persons outside the Company unless the container is immediately re-labeled with the information specified in subparagraph (b)(l)(i) ofthis section.- I - (2) The Company shall ensure that each container ofthe substances 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: (A) The information prescribed in subparagraph (b)(1)(i) ofthis section. (B) The name and address ofthe manufacturer or a responsible party who
can provide additional information on the substances for hazard evaluation and any appropriate emergencyprocedures. (ii) The label shall not conflict with the requirements ofthe Hazardous Materials Transportation Act (18 U.S.C. 1801 et. seq.) and regulations issued underthat Act by the Department ofTransportation. (3) The label, or alternative forms ofwarning, shall be legible and prominently displayed. (4) The label, or alternative forms ofwarning, shall be printed in English; however, the information may be repeated in other languages. (5) Ifthe label or alternative form ofwarning is to be applied to a mixture containing these PMN substances in combination with any other substances that is either subject to another TSCA section 5(e) Order applicable to the Company, or subject to a TSCA section 5(a)(2) SNURat 40 CFR Part 721, subpart E, or defined as a "hazardous chemical" under the OSHA Hazard Communication Standard (29 CFR 1900.1200), the Companymayprescribe on the label, MSDS,
oralternative form ofwarning, the measures to control workerexposure or environmental release which the Company determines provide the greatest degree ofprotection. However, should these control measures differ from the applicable measures required under this Order, the Companymust- 8
- 

### seek adetermination ofequivalency for such alternative control measures pursuantto 40 CFR 721.30 before prescribing them underthis subparagraph (b)(5). (6) Ifthe Company becomes aware ofany significant new information regarding the hazards ofthe PMN substances or ways to protect against the hazards, this new information must be added to the label within 3months from the time the Company becomes aware ofthe new information. Ifthe PMN substances are not being manufactured, processed, orused in the Company's workplace, the Company must add the new information to the label before the PMN substances are reintroduced into the workplace.
(c) Material Safety Data Sheets. (I) The Company must obtain or develop an MSDS for these PMN substances. (2) The MSDS shall contain, at aminimum, the following information: (i) The identity used on the container label ofthese PMN substances under this section, and, ifnot claimed confidential, the chemical and common names ofthe PMN substances. Ifthe chemical and common names are claimed confidential, generic chemical names must be used. (ii) Physical and chemical characteristics ofthe substances known to the Company, (e.g., vapor pressure, flash point). (iii) The physical hazards ofthe substances known to the Company, including the potential for fire, explosion, and reactivity. (iv) The potential human and environmental hazards as specified in paragraph (f) 

### ofthis section.- 9
- (v) Signs and symptoms ofexposure, and any medical conditions which are expectedto be aggravated by exposure to the PMN substances known to the Company. (vi) The primary routes ofexposure to the PMN substances. (vii) Precautionary measures to control worker exposure and/or environmental release required by this Order, or alternative control measures which EPA has determined under40 CFR 721.30 provide substantially the same degree ofprotection as the identified control measures. (viii) Any generally applicable precautions for safe handling and use ofthe PMN substances which are known to the Company, including appropriate hygienic practices, protective
measures during repair and maintenance ofcontaminated 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, workpractices, orpersonal protective equipment. (x) Emergency first aid proceduresknown to the Company. (xi) The date ofpreparation oftheMSDS or ofits last revision. (xii) The name, address, and telephone number ofthe Company or another responsible party who can provide additional information on the chemical substances and any appropriate emergencyprocedures. (3) Ifno relevant information is found orknown for any given category onthe MSDS, the Company must mark the MSDS to indicate that no applicable information was found. (4) Where multiple mixtures containing these PMN substances have similarcompositions (i.e., the chemical ingredients are essentially the same, but the specific composition varies from- 10
- 

### mixture to mixture) and similarhazards, the Company may prepare one MSDS to apply to all of these multiple mixtures. (5) Ifthe Company becomes aware ofany significant new information regarding the hazards ofthese PMN substances or ways to protect againstthe hazards, this new information must be added to the MSDS within 3months from the time the Company becomes aware ofthe new information. Ifthese PMN substances are not being manufactured, processed, or used in the Company's workplace, the Company must add the new information to the MSDS before these PMN substances are reintroduced into the workplace. (6) The Company must ensure thatpersons receiving these PMN substances from the Company are provided an appropriate MSDS with their initial shipment and with the first shipment after an MSDS is revised. The Company may either provide the MSDS with the shipped containers or send it

### to the person priorto or at the time ofshipment. (7) The Company must maintain acopy ofthe MSDS in its workplace, and must ensure that it is readily accessible during each work shift to employees when they are in their work areas. (8) The MSDS may be kept in any form, including as operatingprocedures, and may be designed to cover groups ofsubstances in awork area where it 

### may be more appropriate to address the potential hazards ofaprocess rather than individual substances. However, in all cases, the required information must be provided for the PMN substances and must be readily accessible during each work shift to employees when they are in their work areas. (9) The MSDS must be printed in English; however, the information may be repeated in other languages.- 1]
- (d) Employee Information and Training. The Company must ensurethat employees are provided with information and training on these PMN substances. This information and training must be provided at the time ofeach employee's initial assignment to a work area containing the PMN substances and whenever the PMN substances are introduced into the employee's work area for the first time. (1) The information provided to employees under this paragraph shall include: (i) The requirements ofthis section. 

### (ii) Any operations in the work area where the PMN substances are present. (iii) The location and availability ofthe written hazard communicationprogram required underparagraph (a) ofthis section, including the list ofsubstances required by subparagraph (a)(l) ofthis section and MSDSs required by paragraph (c) ofthis section. (2) The training provided to employees shall include: (i) Methods and observations that may be used to detect the presence or release of the substances in orfrom anemployee's work area (such as exposure monitoring conducted bythe Company, continuous monitoring devices, visual appearance, or odor ofthe substances when being released). (ii) The potential human health and environmental hazards ofthese PMN substances as specified in paragraph (f) ofthis section. (iii) The measures employees can take to protectthemselves and the environment from the substances, including specificprocedures the Company has implementedto protect employees and the environment from exposure to these PMN substances, including appropriate work practices, emergencyprocedures, personal protective equipment, engineering controls, and- 12
- 

### other measures to control worker exposure and/or environmental release required underthis Order,
or alternative control measures which EPA has determined under40 CFR 721.30 providethe same degree ofprotection as the specified control measures. (iv) The requirements ofthe hazard communication program developed by the Company underthis section, including an explanation ofthe labeling system and the MSDS required by this section and guidance on obtaining and using appropriate hazard information.
(e) De Minimis Concentrations. The requirements ofthis Hazard Communication section do not apply to quantities ofthe PMN substances that are (1) 

### present in the work area only as amixture and (2) at aconcentration not to exceed 1.0 percent by weight or volume (0.1percent by weight or volume ifthe PMN substances is identified as apotential carcinogen in paragraph (f) 

### ofthe Hazard 

# • Communication Program section ofthis Order). This exemption is not available ifthe Company has reason to believe that, during intended activities, the PMN substances in the mixture may be reconcentrated above the 1.0 or 0.1 percent level, whichever applies. Ifthis Order contains New Chemical Exposure Limits provisions or Release to Water provisions that, respectively, specify a NCEL concentration ("TWA") or in-stream concentration ("N") less than the de minimis concentration specified here, then this de minimis exemption does not apply to those provisions.
(f) 

### Human 1-lealth, Environmental!Iazard, 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) ofthis section:- 13
- (1) Environmental hazard statements. These substances may be: (i) toxic to fish. (ii) toxic to aquatic organisms
. (2) Environmental hazard precautionary statements. Notice to users: (i) disposal restrictions apply
. (3) Human health hazard statements. This substance may cause: (i) skin irritation. (ii) serious eye damage (4) Human hazard precautionary statements. When using this substance: (i) avoid skin contact. (ii) avoid breathingthe substance. (iii) avoid ingestion. (iv) use skin protection. (5) The human health, environmental hazard and precautionary statement on the label prepared pursuant to paragraph (b) ofthis section mustbe followed by the statement: "See the MSDS for details."

MANUFACTURING (a) Prohibition. The Company shall not cause, encourage, or suggestthe manufacture ofthese PMN substances by any otherperson outside the company, except a Contract Manufacturer as described in paragraph (b).- l4 - 

### (b) Notwithstanding paragraph (a), the Company may cause a "ContractManufacture" outside the Company to manufacture the PMN substance according to the following conditions: (1) 

### The Contract Manufacture mustbe under contract to the Company to manufacture the PMN substances solely for the Company. The Contract must specify the identity ofthe PMN substances, the total quantities to be manufactured, and the basic technology to be use for manufacturing. (2) The Company shall obtain from each Contract Manufacturer a signed Copy ofthe Consent Order for Contract Manufacturer (attached to this Order as Attachment© and submit the copy tEPA along with the name, address, and telephone number ofaresponsible official ofthe Contract Manufacturer. The Contract Manufacturer ofCompany must receive afully executed copy ofthe Consent Order for Contract Manufacturer from EPA before the ContractManufacturer may begin manufacture. (3) If, at any time, the company learns that the Contract Manufacturer has failed to comply with any ofthe conditions specified in the Consent Order for Contract Manufacturer, the Company shall immediately cease to cause the Contract Manufacturer to manufacture the PMN substances, unless the Contract Manufacturer is in compliance with a SNUR for these PMN substances, or unless the Company is able to document each ofthe following: (i) That the Company has, within 5working days, notified the Contract Manufacturer in writing that the Contract Manufacturer has failed to comply with any ofthe conditions specified in the Consent Order for Contract Manufacturer.- 1 5
- 

### (ii) That, within 15 working days ofnotifying the ContractManufacturer ofthe noncompliance, the Company received from the Contract Manufacture, in writing, astatement of
assurance that the Contract Manufacturer is aware ofthe terms ofthe Consent Order for Contract Manufacturer and will comply with those terms. (iii) If, after receiving a statement ofassurance from the Contract Manufacturer under subparagraph (ii) ofthis section, the company has notice or knowledge thatthe Contract Manufacture has failed to comply with any ofthe conditions specified in the Consent Order for the Contract Manufacturer, the Company shall immediately cease to cause the Contract Manufacturerto manufacture the PMN substances, shall notify EPA ofthe failure to comply, and shall resume causing the Contract Manufacture to manufacture the PMN substances only upon written notification from the Agency.
( c)(I) 

### Paragraph (a) shall expire 75 days after promulgation ofafinal significant new use rule

(' 1

### SNUR") governing the substances under section 5(a)(2) ofTSCA unless the Company is notified
on or before that day ofan action in aFederal Court seekingjudicial review ofthe SNUR. Ifthe Company is so notified, paragraph (a) shall not expire until EPA notifies the Company in writing that all Federal Comi actions involving the SNUR have been resolved and the validity ofthe SNUR affirmed. (2) When EPA promulgates afinal SNUR for these PMN substances and paragraph (a) expires in accordance with subparagraph (c)(1 ), the Company shall notify each person whom it causes, encourages or suggests to manufacture the PMN substances ofthe existence ofthe SNUR.- 16
- (3) Paragraph (c)(1) shall not negate the effect ofany fully executed Consent Order for Contract Manufacturerentered into underparagraph (b)(2).
(d) The Company shall not manufacture P-12-115 other than as a chemical intermediate to prepare
an interfacial tension reducer for enhanced oil recovery and P-12-116 otherthan as interfacial tension reducers for enhanced oil recovery. 

### PROCESSING (a) The Company shall not process P-12-115 other than as a chemical intermediateto prepare an interfacial tension reducer for enhanced oil recovery and P-12-116 otherthan as interfacial tension reducers for enhanced oil recovery. 

### USE (a) The Company shall not use P-12-115 otherthan as achemical intermediate to prepare an interfacial tension reducer for enhanced oil recovery and P-12-116 other than as interfacial tension reducers for enhanced oil recovery.


### DISTRIBUTION (a) Export Notice Requirement. No laterthanthe date ofdistribution, the Company shall notify in writing any person to whom it distributes these PMN substances that, due to the issuance ofthis Consent Order under section 5(e) ofTSCA, these PMN substances are subject to the export notification requirements ofTSCA section 12(b) and 40 CFRPart 707 Subpart D. Such notice shall contain, in the form in which it appears in this Consent Order, the following information: (1)- 17
- the PMN numbers, and (2) either (A) the specific chemical identity ofthe PMN substances, or (B) ifthe specific chemical identity is confidential, the generic chemical identity.
(b) DistributionRequirements. (i) Except for quantities ofthe PMN substances that have partitioned into oil orpetroleum streams following use as an interfacial tension reducer for enhanced oil recovery applications or as provided in paragraph (c), the Company shall distribute the PMN substances outside the Company only to a person who has agreed in writing prior to the date ofdistribution, to: (1) Notify in writing any person to whom it distributes these PMN substances that, due to the issuance ofthis Consent Orderunder section 5(e) ofTSCA, these PMN substances are subject to the expo11 notification requirements ofTSCA section 12(b) and 40 CFR Part 707 Subpm1 D. Such notice shall contain, in the form in which it appears in this Consent Order, the following information: (1) the PMN number, and (2) either (A) the specific chemical identity ofthe PMN substances, or (B) ifthe specific chemical identity is confidential, the generic chemical identity. (2) Not further distribute the PMN substances to any other person, otherthan for disposal, except for quantities ofthe PMN substances that have partitioned into oil or petroleum streams following use as an interfacial tension reducer for enhanced oil recovery applications. (3) Comply with the samerequirements and restrictions, ifany, required ofthe Company in the Hazard CommunicationProgram section ofthis Order. (4) Comply with the same environmental release restrictions, ifany, required ofthe Company in the Disposal and Release to Water sections ofthis Order. (5) Not use PMN P-12-115 other than as a chemical intermediate to prepare an interfacial- ] 8
- tension reducer for enhanced oil and P-12-II 6 other than as interfacial tension reducers for enhanced oil recovery; (c) Temporary Transport and Storage. Notwithstanding paragraph (b), the Company may distribute the PMN substances outside the Company for temporary transport and storage in "sealed containers" (defined for the purposes ofthis Order to excludetank trucks, tractor trailers, train
cars or other deliveryvehicles with attached tanks) provided the following three conditions are met: (I) Subsequent to any such exempttemporary transport or storage ofsealed containers, these PMN substances may be distributed only to the Company or a person who has given the Company the written agreementrequired by paragraph (b). (2) Any human exposure or environmental release resulting from openingthe sealed containers and removing or washing outthe PMN substances may occur only while the PMN substances are in the possession and control ofthe Company or a person who has giventhe Company the written agreementrequired by paragraph (b). (3) The sealed containers must be labeled in accordance with paragraph (b)(2) ofthe Hazard Communication Program section ofthis Order.
(d) RecipientNon-Compliance. (I) If, at any time after commencingdistribution in commerce ofthese 

### PMNsubstances, the Company obtains knowledge that

# arecipient ortransporter ofthe substanceshas failed to comply with any ofthe conditions specified inparagraph (b) ofthis Distribution section or, after- 19
- subparagraph (b)(2) expires in accordance with subparagraph (e)(l), has engaged in a significant
new use ofthe PMN substances (as defined in 40 CFRPa1t 721, SubpartE) without submitting a significant new use notice to EPA, the Company shall cease supplying the substances to that recipient, unless the Company is able to document each ofthe following: (a) That the Companyhas, within 5 working days, notified the recipient in writingthat the recipient has failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in &significant new use ofthe PMN substances without submitting significant new use notices to EPA. (b) That, within 15 working days ofnotifyingthe recipient ofthe noncompliance, the Company received from the recipient, in writing, a statementofassurance thatthe recipient is
aware ofthe terms ofparagraph (b) ofthis Distribution section and will comply with those terms,
or is aware ofthe terms ofthe significant new use rules for the PMN substances and will not engage in significant new uses without submitting significant new use notices to EPA. (c) If, after receiving a statement ofassurance from a recipient under subparagraph (d)(

### 1 )(b) ofthis Distribution section, the Company obtains knowledge that the·recipient has failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in a significant newuses ofthese PMN substances without submitting a significant new
use notice to EPA, the Company shall cease supplying these PMN substancesto thatrecipient, shall notify EPA ofthe failure to comply, and shall resume supplying the PMN substances to that recipient only upon written notification from the Agency. (2) If, at any time after commencing distribution in commerce ofthe PMN substances, EPA obtains knowledge (such as through a TSCA Section I 1inspection or subpoena),- 20
- that a recipient ofthe substances has failed to comply with any ofthe conditions specified in paragraph (b) ofthe Distribution section or, after subparagraph (b)(2) expires in accordance with subparagraph (e)(l), has engaged in a significant newuse ofthe PMN substances (as defined in 40 CFR Part 721, SubpartE) without submitting a significant newuse notice to EPA, EPAmay notify the Company in writing that, despite the terms ofthis Order, EPA finds that the distribution in
commerce ofthe PMN substances will or may presentan unreasonable risk ofinjuryto human health or the environment. EPA's notice may specify that the Company undertake certain actions concerning further testing, manufacture, processing, distribution, use and/ordisposal ofthe PMN substances to mitigate exposures to bettercharacterize the risks presented by the PMN substances
. Within 2 weeks from receipt ofsuch a notice, the Company mustcease all manufacture, processing, distribution, use and disposal ofthe PMN substances, unless either: (a) within 2 weeks from receipt ofthe EPA notice, the Company complies with suchrequirements
as the notice specifies; or (b) within 4 weeks from receipt ofthe EPA notice, the Company submits to EPA a written report refuting EPA's finding and/orthe appropriateness ofany additional actions imposed by EPA. The EPA will respond to the Company, in writing, within 4 weeks ofreceiving the Company'sreport. Within 2 weeks ofreceipt ofEPA's writtenresponse, the Company shall comply with any requirements imposed by EPA's notice orrevised response or, cease all manufacture, processing, distribution, use and disposal ofthePMN substances
.- 21.

**~·** 

### (e) Sunset Following SNUR. (1) 

### Subparagraphs (b)(2) and (d)(2) ofthis Distribution section shall expire 75 days after promulgation ofafinal SNURs for these PMN substances under section 5(a)(2) ofTSCA, unless the Company is notified on or before that day ofan action in aFederal Court seekingjudicial review ofthe SNUR. If

### the Company is so notified, subparagraph (b)(2) and (d)(2) ofthis Distribution section shall not expire until EPA notifies the Company in writing that all Federal Court actions involving the SNURhave been resolved and the validity ofthe SNUR affirmed. (2) When EPA promulgates afinal SNUR for these PMN substances and subparagraphs (b)(2) and (d)(2) ofthis Distribution section expires in accordance with subparagraph ( e)(l), 

### th'e Company shall notify each person to whom it distributes the PMN substances ofthe existence of the SNURs. Such notification must be in writing and must specifically include all limitations contained in the SNURs which are defined as significant new uses, and which would invoke significant new use notification to EPA for the PMN substances. Such notice must also reference the publication ofthe SNURs for this PMN substances in either the Federal Register or the Code ofFederal Regulations. Afterpromulgation of SNURs and expiration ofsubparagraphs (b)(2) and (d)(2), such notices may substitute for the written agreements required in the introductory clause of paragraph (b); so that, ifthe Company provides such notices to the persons to whom it distributes the PMN substances, then the Company is notrequired to obtain from such persons the written agreements specified in paragraph (b).- 2?.
- RELEASE TOWATER This provision does not supersede or preempt any applicable federal, state, and local laws and regulations. (Those other laws may be more stringent than the requirements below.) The Company is prohibited from any predictable orpurposeful release ofthe PMN substances, or any waste stream from manufacturing, processing, and use containing the PMN substances: ( 1

)(a) Into the waters ofthe United States ifthe quotient from the formula: numberofkilograms/day/site released

--------------------------------------------- x 1000 

### =N parts perbillion receiving stream flow (million liters/day)
exceeds 4 parts per billion ("ppb"), when calculated using the methods described in 40 CFR 721.91. However, 40 CFR721.9l(a)(4) does not apply. Instead, ifthewaste stream containing the PMN substances will be treated using biological treatment (activated sludge orequivalent) plus clarification, then the amount ofPMN substances reasonably likely to be removed from the waste streamby such treatment may be subtracted in calculating the number ofkilograms released. No
more than 90 percent removal efficiencymay be attributed to such treatment.

.(b) In lieu ofcalculating the quotient in subparagraph (l)(a), monitoring or alternative calculations may be used to predict the surface water concentration expected to result from the intended release ofthe substances, ifthe monitoring procedures or calculations have been approved for such purposeby EPA. EPA will review and act on a written requestto approve monitoringprocedures
or alternative calculations within 90 days after such a request is received. The Agency will inform the Company ofthe disposition ofsuch requests in writing and, where a request is denied, will explain the reasons therefore.- 23
- III. RECORDKEEPING (a) Records. The Company shall maintain the following records until 5 years after the date they
are created and shall make them available for inspection and copying by EPA in accordance with section 11 ofTSCA: (1) Exemptions. Records documentingthatthe PMN substances did in fact qualify for any
one or more ofthe exemptions described in Section I, Paragraph (b) ofthis Order. Suchrecords must satisfy all the statutory and regulatory recordkecping requirements applicable to the exemption being claimed by the Company. Any amounts or batches ofthe PMN substances eligible for the export only exemption in Section I, Paragraph (b)(1) ofthis Order are exempt from all the requirements in this Recordkeeping section, ifthe Company maintains, for 5 years from the date oftheir creation, copies ofthe export label and export notice to EPA, required by TSCA sections 12(a)(l)(B) and 12(b), respectively. Any amounts or batches ofthe PMN substances eligible for the research and development exemption in Section I, Paragraph (b)(2) ofthis Order
are exempt from all the requirements in this Recordkeeping section, ifthe Company maintains, for 5 years from the date oftheir creation, the records required by 40 CFR720.78(b). Forany amounts or batches ofthe PMN substances claimed to be eligible for any other exemption described in Section I, Paragraph (b) ofthis Order, the Company shall keep records demonstrating qualification for that exemption as well as the records specified in paragraphs (2) and (3) below, but is exempt from the other recordkeeping requirements in this Recordkeeping section; (2) Records documenting the manufacture volume ofthePMN substances and the corresponding dates ofmanufacture;- 24
- (3) Records documenting the names and addresses (including shipment destination address, ifdifferent) ofall persons outside the site ofmanufacture to whom the Company directly sells ortransfers the PMN substances, the date ofeach sale ortransfer, and the quantity ofthe substances sold or transferred on such date; (4) Records documenting the address ofall sites ofmanufacture, processing, and use; (5) Records documenting establislm1ent and implementation ofthe hazard communication program required by the Hazard Communication Program section ofthis Order; (6) Copies oflabels required under the Hazard Communication Program section ofthis Order; (7) Copies ofMaterial Safety Data Sheets required by the Hazard Communication Program section ofthis Order; , (8) Records documenting compliance with any applicable manufacturing, processing, use, and distribution restrictions in the Manufacturing, Processing, Use, and Distribution sections of this Order, including distributees' written agreementto comply with the Distribution section ofthis Order; (9) Records documenting compliance with any applicable disposal requirements underthe Disposal section ofthis Order, including method ofdisposal, location ofdisposal sites, dates of disposal, and volume ofPMN substances disposed. Where the estimated disposal volume is not known to the Company and is notreasonably ascertainable bythe Company, the Company must maintain otherrecords which demonstrate establishment and implementation ofa program that
ensures compliance with any applicable disposal requirements;- 25
- ( l0) Records documenting establishment and implementation ofprocedures that ensure compliance with any applicable water discharge limitation in the Release to Water section ofthis Order; (11) Copies ofany Transfer Documents and notices required by the Successor Liability section ofthis Order, ifapplicable; and, (12) The Company shall keep a copy ofthis Order at each ofits sites where the PMN substances arc manufactured. (b) Applicability. Theprovisions ofthis Recordkeeping Section are applicable only to activities ofthe Company and its ContractManufacturer, ifapplicable, and not to activities ofthe Company's customers.
(c) OMB Control Number. Underthe Paperwork Reduction Act and its regulations at 5 CFRPart 1320, pmticularly 5 CPR 1320.5(b), the Company is not requiredto respondto this "collection of information" unless this Orderdisplays a currently valid control number from the Office of Management and Budget ("OMB"), and EPA so informs the Company. The "collectionof information" required in this TSCA §5(e) Consent Orderhas been approved undercurrently valid OMB Control Number 2070-0012.

TV. REQUESTS FORPRE-INSPECTION INFORMATION (a) EPA's Request for Information
. Pursuant to section 11 ofTSCA and 40 CFR 720.122, EPA may occasionallyconduct on-site compliance inspections ofCompany facilities and conveyances associated with these PMN substances. To facilitate such inspections, EPA personnel may contact- 26
- the Company in advance to request information pertinentto the scheduling and conductofsuch inspections. Such requests may be written ororal. The types ofinformation that EPA may request include, but are not limited to, the following: (1) Expected dates and times when the PMN substances will be in production within the subsequent 12 months; (2) Current workshift schedulesfor workers who are involved in activities associated with these PMN substances and may reasonably be exposed to these PMN substances; (3) Currentjobtitles or categories for workers who arc 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 reasonably be exposed to the PMN substances; (5) Records required by the Recordkeeping section ofthis Order; and/or, (6) Any other information reasonably 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 oftime, but in no event later than 30 days after receiving EPA'srequest. When requested in writing by EPA, the Company's response shall be in writing. 'To the extent the information is known to orreasonably ascertainable by the Company at the time ofthe request, the Company's response shall demonstrate a good faith effort to provide reasonably accurate and detailed answers to all ofEPA'srequests.- 27
- 

### (c) Confidential Business Information. Any Confidential Business Information ("CBI") that the Company submits to EPA pursuantto 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 Company's rights and obligations under this Order may be transferred when the Company transfers its interests in the PMN substances, including the rightto manufacture the PMN substances, to anotherperson outside the Company (the "Successorin Interest").
(b) Relation ofTransfer Date to Notice ofCommencement ("NOC"). (1) BeforeNOC. Ifthe transfer froin

### the Company to the Successor in Interest is effective before EPA receives anotice ofcommencement ofmanufacture ("NOC") for the PMN substances from the Company pursuant to 40 CFR 720.102, the Successorin Interest must submit new PMN to EPA and comply fully with Section S(a)(l) ofTSCA and 40 CFR part 720 before commencing manufacture ofthe PMN substances. (2) AfterNOC. Ifthe transfer from the Company to the Successor in Interest is effective after EPA receives aNOC, the Successor in Interest shall comply with the terms ofthis Order and shall not be required to submit anew PMN to EPA.
(c) Definitions. The following definitions apply to this Successor Liability section ofthe Order:- 28
- (1) "Successor in Interest" means aperson outside the Company who has acquired the Company's full interest in the rights to manufacture the PMN substances, including all ownership rights and legal liabilities, throughtransfer documents signed by the Company, as transferor, and the Successor in Interest, as transferee. The term excludes persons who acquire less than the full interest ofthe Company in the PMN substances, such as a licensee who has acquired a limited license to the patent or manufacturing rights associated with the PMN substances. A Successor in Interest must be incorporated, licensed, ordoing business in the United States in accordance with 40 CFR 720.22(a)(3) and 40 CFR 720.3(z). (2) "TransferDocument"means the legal instrument(s) used to convey the interests in the PMN substances, including the right to manufacture the PMN substances, from the Company to the Successor in Interest.
(d) Notices. (1) Notice to Successorin Interest. On orbefore the effective date ofthe transfer, the Company shall provide to the Successorin Interest, by registered mail, a copy ofthe Consent Order and the "Notice ofTransfer" document which is incorporated by reference as Attachment B to this Order. (2) Notice to EPA. Within I0 business days ofthe effective date ofthe transfer, the Company shall, by registered mail, submitthe fully executed Notice ofTransferdocument to: U.S. Environmental Protection Agency, New Chemicals Management Branch (7405), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460.- 29
- (3) Transfer Document. Copies ofthe TransferDocumentmust be maintained by the Successor in Interest at its principal place ofbusiness, and at all sites where the PMN substances is manufactured. Copies ofthe TransferDocument must also be made available for inspection pursuantto Section 11 ofTSCA, must state the effective date oftransfer, and must contain provisions which expressly transfer liability for the

**P~** substances underthe terms ofthis Order from the Company to the Successorin Interest.
(e) Liability. (I) The Company shall be liable for compliance with the requirements ofthis Order until the effective date ofthe transfer described above. (2) The Successor in Interest shall be liable for compliance with the requirements ofthis Order effective as ofthe date oftransfer. (3) Nothing in this section shall be construed to prohibit the Agencyfrom taking enforcement action against the Company after the effective date ofthe transferfor actions taken, or omissions made, during the time in which the Company manufactured, processed, used, distributed in commerce, or disposed ofthe PMN substances pursuant to the terms ofthis Consent Order.



### VI. MODIFICATION AND REVOCATION OF CONSENT ORDER (a) Petitions. (1) The Company may petitionEPA at any time, based upon new information on the environmental effects or environmental release ofthe PMN substances, to modify or revoke substantive provisions ofthis Order.- 30
- 

### (2) The exposures and risks identified by EPA during its review ofthe PMN substances and the information EPA determined to be necessary to evaluate those exposures and risks are described in the preamble to this Order. However, in determining whether to amend or revoke this Order, EPA will consider all relevant information available atthe' time the Agency makes that determination, including, where appropriate, any reassessment ofthetest data or other information that supports the findings in this Order, an examination ofnew test data or other information or analysis, and any other relevant information. (3) EPA will issue amodification or revocation ifEPA determines that the activities proposed therein will not present an unreasonable risk ofinjury to health or the environment and will not result in significant or substantial human exposure or substantial environmental release in the absence ofdata sufficient to permit areasoned evaluation ofthe health or environmental effects ofthe PMN substances. (4) In addition, the Company may petition EPA at any time to make other modifications to the language ofthis Order. EPA will issue such amodification ifEPA determines that the modification is useful, appropriate, and consistent with the structure and intent ofthis Order as issued.
(b) Modification or Revocation by EPA. Based on study results describing in the paragraph (d) of the Testing Section or ifEPA becomes aware ofinformation that the terms ofthe Consent Order
are not being adhered to by downstream users as described in paragraph (d)(2) ofthe Distribution Section, EPA may modify or revoke this Consent

**Order~>'** 

### following procedures set out in these paragraphs.- 31
- 

### VII. EFFECT OF CONSENT ORDER (a) Waiver. By consentingto the entry ofthis Order, the Company waives its rights to file objections to this Order pursuantto section 5(e)(1)(C) ofTSCA, to receive service ofthis Orderno later than 45 days before the end ofthe reviewperiod pursuant to section 5(e)(l)(B) ofTSCA, and to challenge the validity ofthis Order in any subsequent action. Consenting to the entry ofthis Order, and agreeing to be bound by its terms, do not constitute an admission by the Company as to the facts orconclusions underlying the Agency's determinations in this proceeding. This waiver does not affect any otherrights that the Company may have under TSCA.
(b) CBI Brackets. By signing this Order, the Company represents that it has carefully reviewed this document and hereby agrees that all information herein that is claimed as confidential by the Company (per section 14 ofTSCA, 40 CFRPart 720 SubpartE, and 40 CFR Part 2) is correctly identified within brackets and that any information that is not bracketed is not claimed as confidential. To make this document available for public viewing, EPA will remove only the information contained within the brackets.



## 11141 3t.
. 

### 2v i'r Date Maria

### J. Doa, Ph.

### y., Director Chemical Control Division Office ofPollution Prevention and TaxiesATTACHMENT A DEFINITIONS


### Note: The attachedOrdermaynot containsome oftheterms definedbelow
. "Chemical name" means the scientific designation ofa chemical substances 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 substances for the purpose of conducting a hazard evaluation. "Company" means the person or persons subject to this Order. "Common name" means any designation or identification such as code name, code number, trade name, brand name, orgeneric chemical name used to identify a chemical substances other than by its chemical name. "Container"means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. Forpurposes ofthis section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. "Contract Manufacturer" means a person, outside the Company, who is authorized to manufacture the PMN substances under the conditions specified in Part II. ofthis Consent Order and in the Consent Order for Contract Manufacturer. "Identity" means any chemical orcommon name used to identify a chemical substances or a mixture containing that substances. "Immediateuse." A chemical substances is for the "immediate use" ofa person ifit is under the control of, and used only by, the person who transferred it from a labeled container and will only be used by that person within the work shift in which it is transferred from the labeled container. "Mahufacture'' means to produce or manufacture in tlhe United States or import into the customs territory ofthe United States. "Manufacturing stream" means all reasonably anticipated transfer, flow, ordisposal ofa chemical substances, regardless ofphysical state orconcentration, through all intended operations ofmanufacture, including the cleaning ofequipment. "MSDS"means materia] safety data sheet, the written listing ofdata for the chemical substances.

### 2 "Non-industrial use" means use other than at a facility where chemical substancess or mixtures are manufactured orprocessed. "PMN substances" means the chemical substances described in the Premanufacture notice submitted by the Company relevant to this Order. "Process stream" means all reasonably anticipated transfer, flow, ordisposal ofa chemical substances, regardless ofphysical state orconcentration, through all intended operations of processing, including the cleaning ofequipment. "Scientifically invalid" means any significant departure from the EPA-approved protocol orthe Good Laboratory Practice Standards at 40 CPR Part 792 without prioror subsequent Agency approval that prevents a reasoned evaluation ofthe health orenvironmental effects ofthe PMN substances. "Scientificallyequivocal data" means data which, although developed in apparent conformity with the Good Laboratory Practice Standards and EPA-approved protocols, are inconclusive, internally inconsistent, or'otherwise insufficientto permit a reasoned evaluation of the potential risk ofinjury to human health or the enviro1m1ent ofthe PMN substances. "Sealed container" means a closed container that is physically and chemically suitable for long-term containment ofthe PMN substances, and from which there will be no human exposure to, nor environmental release of, the PMN substances during transport and storage. "Use stream" means all reasonably anticipated transfer, flow, ordisposal ofa chemical substances, regardless ofphysical state or concentration, through all intended operations of industrial, commercial, orconsumer use. "Waters ofthe 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 substances is manufactured, processed, or used and where employees are present. "Workplace"means an establishment at one geographic location containing one ormore work areas.Company (Transferor) ATTACHMENT B NOTICE OF TRANSFER OF TOXIC SUBSTANCESS CONTROLACT SECTION S(c) CONSENT ORDER

PMNNumber 

### 1. TransferofManufacture Rights. Effective on

_ ___ - --

··-__ , the Company did sell or otherwise transfer to

_, ("Successor in Interest") the rights and liabilities associated with manufacture ofthe above-referenced chemical substances, which was the subject ofa premanufacture notice ("PMN") and is governed by a Consent Order issued by the U.S. Environmental Protection Agency ("EPA") under the authority of§5(e) ofthe Toxic Substancess Control Act ("TSCA," 15 U.S
.C. §2604(e)).
2. Assumption ofLiability. The Successor in Interest hereby certifies that, as ofthe effective date oftransfer, all actions or omissions governed by the applicable Consent Orderlimiting manufacture, processing, use, distribution in commerce and disposal ofthe PMN substances, shall be the responsibility ofthe Successor in Interest. Successorin Interest also certifies that it is incorporated, licensed, or doing business in the United States in accordance with 40 CFR 720
.22(a)(3).
3. Confidential Business Information. The Successorin Interest hereby:

_ reasserts,

_ relinquishes, or modifies all Confidential Business Information ("CBI") claims made by the Company, pursuantto Section 14 ofTSCA and 40 CFRpart 2, for the PMN substances(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 bythe original submitter) would not subsequently be eligible for confidential treatment under this Notice ofTransfer.