EPA SANITIZED 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

OFFICE OF POLLUTION PREVENTION AND TOXICS 

REGULATION OF A NEW CHEMICAL SUBSTANCES 

PENDING DEVELOPMENT OF INFORMATION 

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3/b)-./ (~ 

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In the matter of: ) Premanufacture Notice Number: 

) 

) 

) 

) 

) 

Huntsman Corporation ) P-12-115 and P-12-116 

) 

) 

) 

) 

) 

Consent Order, Consent Order for Contract Manufacturer, and Determinations Supporting 

Consent Order 

··--- ·--
TABLE OF CONTENTS 

Preamble 

I. Introduction 

II. Summary of Terms of the Order 

III. Contents of PMN 

IV. EPA's Assessment of Risk 

V. EPA's Conclusions of Law 

VI. Information Required to Evaluate Environmental Effects 

Consent Order 

I. Scope of Applicability and Exemptions 

II. Terms of Manufacture, Processing, Distribution in Commerce, Use, and Disposal Pending 

Submission and Evaluation of Information 

III. Recordkeeping 

IV. Successor Liability Upon Transfer of Consent Order 

V. Modification and Revocation of Consent Order 

VI. Effect of Consent Order 

Attachment A- Definitions 

Attachment B -Notice of Transfer of Consent Order 

Attachment C - Consent Order for Contract Manufacturer 
i i.i 

PREAMBLE 

I. INTRODUCTION 

Under the authority of§ 5(e) of the Toxic Substances Control Act ("TSCA") (15 U.S.C. 

2604(e)), the Environmental Protection Agency ("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 of the PMN review period. 

The Company submitted these PMNs to EPA pursuant to§ 5(a)(l) ofTSCA and 40 CFR Part 720. 

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

provision of§ 5 or any order issued under§ 5. Violators may be subject to various penalties and to 

both criminal and civil liability pursuant to § 16, and to specific enforcement and seizure pursuant 

to § 17. In addition, chemical substances subject to an Order issued under § 5 of TSCA, 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 of the Hazard Communication Program section; 

(b) not use PMN substances P-12-115 other than as a chemical intermediate to prepare an 

interfacial tension reducer for enhanced oil and P-12-116 other than 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 reducer for for 

enhanced oil recovery applications; 

(d) comply with the Release to Water provisions; and 

(e) maintain certain records. 

(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 it has 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 I 5 Chemical intermediate to prepare an interfacial tension reducer for enhanced oil 

recovery. 

P-12-116 Interfacial tension reducer for enhanced oil recovery. 

Jest [)~t~S_u_bmitted with the PMN: Ecotoxicity acute base set on P-12-116 
vi 

IV. EPA'S ASSESSMENT OF RISK 

The following are EPA's predictions regarding the probable toxicity and envirorunental 

releases of these PMN substances, based on the information currently available to the Agency. 

I ironm ·'ntal Effects Sum marx: 

Based on test data on the P-12-0 116, EPA identified the following concentrations of concern: 

Chronic (20 days of exceedance or greater): 4 part per billion ("ppb") 

Acute (less than 20 days of exceedance): 84 ppb 

EPA has applied the results of the test data to P-12-0 115, 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 of the compounds and analogues. Rabbit dermal study indicated potential for 

skin irritation. 

Environmental Release Summary: 

During the initial review of the PMN that applied generic engineering scenarios published by EPA 

relevant to the notified use, EPA assessed the following releases and exposures of the 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 of this Consent Order, the Company has agreed to limit any predictable or purposeful 

release of the PMN substances, or any waste stream from manufacturing, processing, and use 

containing the PMN substances, into the waters of the United States that would result in surface 

water concentrations exceeding 4 parts per billion ("ppb"), when calculated using the methods 
viii 

described in 40 CFR 721.91. Except for quantities of the PMN substances that have partitioned 

into oil or petroleum 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 a person who has agreed in writing prior to the date of distribution, to, among other 

requirements, to also abide by this water release 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 of the Consent Order: 

(a) EPA is unable to determine the potential for ecological toxicity and environmental fate from 

environmental release of the PMN substances. EPA therefore concludes, pursuant to § 

5( e )(1 )(A)(i) of TSCA, that the information available to the Agency is insufficient to permit a 

reasoned evaluation of the environmental effects of the PMN substances. 

(b) In light of the potential risk of ecological toxicity posed by the uncontrolled manufacture 

(including impOii), processing, distribution in commerce, use, and disposal of the PMN substances, 

EPA has concluded, pursuant to§ 5(e)(l)(A)(ii)(I) ofTSCA, that uncontrolled manufacture 

(including import), processing, distribution in commerce, use, and disposal of the PMN substances 

may present an unreasonable risk of injury to the environment. 
ix 

VI. INFORMATION REQUIRED TO I~VALUATE ENVIRONMENTAL EFFECTS 

Pended Testing. The following 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 Order does not require submission of the above pended testing at any specified time or 

production volume. However, the Order's restrictions on manufacture, processing, distribution in 

commerce, and use of the PMN substances will remain in effect until the Order is modified or 

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

WASHINGTON, D.C. 20460 

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 of this Order apply to all commercial manufacturing, processing, 

distribution in commerce, use and disposal of these chemical substances 

•••••••••••• P-12-115 and 

P 12-116 ("the PMN substances") in the United States by 

the Huntsman Corporation("the Company"), except to the extent that those activities are exempted 

by paragraph (b). 

(b) Exemptions. Manufacturing, processing, distribution in commerce, use and disposal of the 

PMN substances is exempt from the requirements of this Order (except the requirements in the 

Recordkeeping and Successor Liability Upon Transfer Of Consent 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 of this Order. 

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

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlorine Free Recycled Paper 
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(1) Export. Until the Company begins commercial manufacture of the PMN substances 

for use in the United States, the requirements of this Order do not apply to manufacture, processing 

or distribution in commerce of the 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 "solely for export" even if some amount of the PMN 

substances are later exported. At that point, the requirements of this Order apply to all activities 

associated with these PMN substances while in the territory of the United States. Prior to leaving 

U.S. territory, even those quantities or batches of the PMN substances that are destined for export 

are subject to terms of the 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 of this 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 per TSCA §5(i) and 40 

CFR 720.30(i). 

(3) Byproducts. The requirements of this 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). 
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(4) No Separate Commercial Purpose. The requirements of this Order do not apply to the 

PMN substances when they are manufactured, pursuant to any of the exemptions in 40 CFR 

720.30(h), with no commercial purpose separate from the substances, mixture, or article of which 

it is a part. 

(5) Imp01ted Articles. The requirements of this Order do not apply to the PMN substances 

when they are imported as part of an "article'' as defined at 40 CFR 720.3( c) and in compliance 

with 40 CFR 720.22(b)(l ). 

(6) Partitioned. The requirements of this Order do not apply to quantities of the PMN 

substances that have partitioned into oil or petroleum streams following use as an interfacial 

tension reducer for enhanced oil recovery applications. 

(c) Automatic Sunset. If the Company has obtained for the PMN substances a Test Market 

Exemption ("TME") under TSCA §5(h)(l) and 40 CFR 720.38 or a 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 

of the effective date of this Consent Order. 
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II. TERMS OF MANUFACTURE, PROCESSING, 

DISTRIBUTION IN COMMEI~CI~, USE, AND DISPOSAL 

PENDING SUBMISSION AND EVALUATION 

OF INFORMATION 

PROHIBITION 

The Company is prohibited from manufacturing (including importing), processing, 

distributing in commerce, using, or disposing of these PMN substances in the United States, for 

any nonexempt commercial purpose, pending the development of information necessary for a 

reasoned evaluation of the environmental effects of the substances, and the completion of EPA's 

review of, and regulatory action based on, that information, except in accordance with the 

conditions described in this Order. 

HAZARD COMMUNICATION PROGRAM 

(a) Written Hazard Communication Program. The Company shall develop and implement a 

written hazard communication program for these PMN substances in each workplace. The written 

program will, at a minimum, describe how the requirements of this section for labels, MSDSs, and 

other forms of warning material will be satisfied. The Company must make the written hazard 

communication program available, upon request, to all employees, contractor employees, and their 

designated representatives. The Company may rely on an existing hazard communication 

program, including an existing program established under the OSHA Hazard Communication 

Standard (29 CFR 191 0.1200), to comply with this paragraph provided that the existing hazard 
'• 

communication program satisfies the requirements of this section. The written program shall 

include the following: 

( 1) A list of chemical substances known to be present in the work area which are subject to 

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

40 CFR Part 721, subpart E. The list must be maintained in each work area where these PMN 

substances arc known to be present and must use the identity provided on the MSDS for the 

substances required under paragraph (c) of this section. The list may be compiled for the 

workplace or for individual work areas. If the Company is required either by another Order issued 

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

to maintain a list of substances, the lists shall be combined with the list under this subparagraph. 

(2) The methods the Company will use to inform employees of the hazards of non-routine 

tasks involving these PMN substances (e.g., cleaning of reactor 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 of the presence of these PMN 

substances in the Company's workplace and of the provisions of this Order if employees of the 

contractor work in the Company's workplace and are reasonably likely to be exposed to these 

PMN substances while in the Company's workplace. 

(b) Labehng. 

(1) The Company shall ensure that each container of the substances in the workplace is 

labeled in accordance with this subparagraph (b)(l). 

(i) The label shall, at a minimum, contain the following information: 
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(A) A statement of the health hazards(s) and precautionary measure(s), if 

any, identified either in paragraph (f) of this section or by the Company, for the PMN substances. 

(B) The identity by which the PMN substances may be commonly 

recognized. 

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

measure(s), if any, identified either in paragraph (f) of this section, or by the Company, for the 

PMN substances. 

(D) A statement of exposure and precautionary measure(s), if any, 

identified either in paragraph (f) of this 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 of affixing labels to individual stationary 

process containers, as long as the alternative method identifies the containers to which it is 

applicable and conveys information specified by subparagraph (b)( 1 )(i) of this section. Any 

written materials must be readily accessible to the employees in their work areas throughout each 

work shift. 

(iii) The Company need not label portable containers into which the PMN 

substances are transferred from labeled containers, and which are intended only for the immediate 

use of the employee who performs the transfer. 

(iv) The Company shall not remove or deface an existing label on containers of 

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 of the 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) of this section. 

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

can provide additional information on the substances for hazard evaluation and any appropriate 

emergency procedures. 

(ii) The label shall not conflict with the requirements ofthe Hazardous Materials 

Transportation Act (18 U.S.C. 1801 et. seq.) and regulations issued under that Act by the 

Department of Transportation. 

(3) The label, or alternative forms of warning, shall be legible and prominently displayed. 

(4) The label, or alternative forms of warning, shall be printed in English; however, the 

information may be repeated in other languages. 

(5) If the label or alternative form of warning is to be applied to a mixture containing 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) SNUR at 40 

CFR Part 721, subpart E, or defined as a "hazardous chemical" under the OSHA Hazard 

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

or alternative form of warning, the measures to control worker exposure or environmental release 

which the Company determines provide the greatest degree of protection. However, should these 

control measures differ from the applicable measures required under this Order, the Company must 
- 8 -

seek a determination of equivalency for such alternative control measures pursuant to 40 CFR 

721.30 before prescribing them under this subparagraph (b)(5). 

(6) If the Company becomes aware of any significant new information regarding the 

hazards of the PMN substances or ways to protect against the hazards, this new information must 

be added to the label within 3 months from the time the Company becomes aware of the new 

information. If the PMN substances are not being manufactured, processed, or used 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 a minimum, the following information: 

(i) The identity used on the container label of these PMN substances under this 

section, and, ifnot claimed confidential, the chemical and common names of the PMN substances. 

If the chemical and common names are claimed confidential, generic chemical names must be 

used. 

(ii) Physical and chemical characteristics of the substances known to the Company, 

(e.g., vapor pressure, flash point). 

(iii) The physical hazards of the 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) 

of this section. 
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(v) Signs and symptoms of exposure, and any medical conditions which are 

expected to be aggravated by exposure to the PMN substances known to the Company. 

(vi) The primary routes of exposure 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 under 40 

CFR 721.30 provide substantially the same degree of protection as the identified control measures. 

(viii) Any generally applicable precautions for safe handling and use of the PMN 

substances which are known to the Company, including appropriate hygienic practices, protective 

measures during repair and maintenance of contaminated equipment, and procedures for response 

to spills and leaks. 

(ix) Any generally applicable control measures which are known to the Company, 

such as appropriate engineering controls, work practices, or personal protective equipment. 

(x) Emergency first aid procedures known to the Company. 

(xi) The date ofpreparation ofthe MSDS or of its last revision. 

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

responsible party who can provide additional information on the chemical substances and any 

appropriate emergency procedures. 

(3) If no relevant information is found or known for any given category on the MSDS, the 

Company must mark the MSDS to indicate that no applicable information was found. 

( 4) Where multiple mixtures containing these PMN substances have similar compositions 

(i.e., the chemical ingredients are essentially the same, but the specific composition varies from 
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mixture to mixture) and similar hazards, the Company may prepare one MSDS to apply to all of 

these multiple mixtures. 

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

hazards of these PMN substances or ways to protect against the hazards, this new information must 

be added to the MSDS within 3 months from the time the Company becomes aware of the new 

information. If these 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 that persons 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 prior to or at the time of shipment. 

(7) The Company must maintain a copy of the MSDS in its workplace, and must ensure 

that it is readily accessible during each work shift to employees when they are in their work areas. 

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

designed to cover groups of substances in a work area where it may be more appropriate to address 

the potential hazards of a process rather than individual substances. However, in all cases, the 

required information must be provided for the PMN 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 ensure that employees are provided 

with information and training on these PMN substances. This information and training must be 

provided at the time of each 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 of the written hazard communication program 

required under paragraph (a) of this section, including the list of substances 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 or from an employee's work area (such as exposure monitoring conducted by the 

Company, continuous monitoring devices, visual appearance, or odor of the substances when 

being released). 

(ii) The potential human health and environmental hazards ofthese PMN 

substances as specified in paragraph (f) of this section. 

(iii) The measures employees can take to protect themselves and the environment 

from the substances, including specific procedures the Company has implemented to protect 

employees and the environment from exposure to these PMN substances, including appropriate 

work practices, emergency procedures, personal protective equipment, engineering controls, and 
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other measures to control worker exposure and/or environmental release required under this Order, 

or alternative control measures which EPA has determined under 40 CFR 721.30 provide the same 

degree of protection as the specified control measures. 

(iv) The requirements of the hazard communication program developed by the 

Company under this section, including an explanation of the labeling system and the MSDS 

required by this section and guidance on obtaining and using appropriate hazard information. 

(e) De Minimis Concentrations. The requirements of this Hazard Communication section do not 

apply to quantities of the PMN substances that are (1) present in the work area only as a mixture 

and (2) at a concentration not to exceed 1.0 percent by weight or volume (0.1 percent by weight or 

volume if the PMN substances is identified as a potential carcinogen in paragraph (f) of the Hazard 

• 

Communication Program section of this Order). This exemption is not available if the Company 

has reason to believe that, during intended activities, the PMN substances in the mixture may be 

reconcentrated above the 1.0 or 0.1 percent level, whichever applies. If this Order contains New 

Chemical Exposure Limits provisions or Release to Water provisions that, respectively, specify a 

NCEL concentration ("TWA") or in-stream 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) of this section: 
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(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 breathing the 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) of this section must be followed by the statement: "See the 

MSDS for details." 

MANUFACTURING 

(a) Prohibition. The Company shall not cause, encourage, or suggest the manufacture of these 

PMN substances by any other person outside the company, except a Contract Manufacturer as 

described in paragraph (b). 
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(b) Notwithstanding paragraph (a), the Company may cause a "Contract Manufacture" outside the 

Company to manufacture the PMN substance according to the following conditions: 

(1) The Contract Manufacture must be under contract to the Company to manufacture the 

PMN substances solely for the Company. The Contract must specify the identity of the 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 of the 

Consent Order for Contract Manufacturer (attached to this Order as Attachment© and submit the 

copy t EPA along with the name, address, and telephone number of a responsible official of the 

Contract Manufacturer. The Contract Manufacturer of Company must receive a fully executed 

copy of the Consent Order for Contract Manufacturer from EPA before the Contract Manufacturer 

may begin manufacture. 

(3) If, at any time, the company learns that the Contract Manufacturer has failed to comply 

with any of the 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 of the following: 

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

Manufacturer in writing that the Contract Manufacturer has failed to comply with any of the 

conditions specified in the Consent Order for Contract Manufacturer. 
- 1 5 -

(ii) That, within 15 working days of notifying the Contract Manufacturer of the 

noncompliance, the Company received from the Contract Manufacture, in writing, a statement of 

assurance that the Contract Manufacturer is aware of the terms of the Consent Order for Contract 

Manufacturer and will comply with those terms. 

(iii) If, after receiving a statement of assurance from the Contract Manufacturer 

under subparagraph (ii) of this section, the company has notice or knowledge that the Contract 

Manufacture has failed to comply with any of the conditions specified in the Consent Order for 

the Contract Manufacturer, the Company shall immediately cease to cause the Contract 

Manufacturer to manufacture the PMN substances, shall notify EPA of the 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 of a final significant new use rule 

('

1

SNUR") governing the substances under section 5(a)(2) of TSCA unless the Company is notified 

on or before that day of an action in a Federal Court seeking judicial review of the SNUR. If the 

Company is so notified, paragraph (a) shall not expire until EPA notifies the Company in writing 

that all Federal Comi actions involving the SNUR have been resolved and the validity of the 

SNUR affirmed. 

(2) When EPA promulgates a final 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 of the existence of the SNUR. 
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(3) Paragraph (c)( 1) shall not negate the effect of any fully executed Consent Order for 

Contract Manufacturer entered into under paragraph (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 other than as interfacial 

tension reducers for enhanced oil recovery. 

PROCESSING 

(a) The Company shall not process P-12-115 other than as a chemical 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. 

USE 

(a) The Company shall not use P-12-115 other than as a chemical 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 later than the date of distribution, the Company shall notify in 

writing any person to whom it distributes these PMN substances that, due to the issuance of this 

Consent Order under section 5( e) of TSCA, these PMN substances are subject to the export 

notification requirements of TSCA section 12(b) and 40 CFR Part 707 Subpart D. Such notice 

shall contain, in the form in which it appears in this Consent Order, the following information: (1) 
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the PMN numbers, and (2) either (A) the specific chemical identity of the PMN substances, or (B) 

if the specific chemical identity is confidential, the generic chemical identity. 

(b) Distribution Requirements. (i) Except for quantities of the PMN substances that have 

partitioned into oil or petroleum 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 of distribution, to: 

(1) Notify in writing any person to whom it distributes these PMN substances that, due to 

the issuance of this Consent Order under 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 of the PMN 

substances, or (B) if the specific chemical identity is confidential, the generic chemical identity. 

(2) Not further distribute the PMN substances to any other person, other than for disposal, 

except for quantities of the 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 same requirements and restrictions, if any, required of the Company 

in the Hazard Communication Program section of this Order. 

(4) Comply with the same environmental release restrictions, if any, required ofthe 

Company in the Disposal and Release to Water sections of this 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- I I 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 of this Order to exclude tank trucks, tractor trailers, train 

cars or other delivery vehicles with attached tanks) provided the following three conditions are 

met: 

(I) Subsequent to any such exempt temporary transport or storage of sealed containers, 

these PMN substances may be distributed only to the Company or a person who has given the 

Company the written agreement required by paragraph (b). 

(2) Any human exposure or environmental release resulting from opening the sealed 

containers and removing or washing out the PMN substances may occur only while the PMN 

substances are in the possession and control of the Company or a person who has given the 

Company the written agreement required by paragraph (b). 

(3) The sealed containers must be labeled in accordance with paragraph (b)(2) ofthe 

Hazard Communication Program section ofthis Order. 

(d) Recipient Non-Compliance. 

(I) If, at any time after commencing distribution in commerce of these PMN substances, the 

Company obtains knowledge that a recipient or transporter of the substances has failed to comply 

with any of the conditions specified in paragraph (b) of this Distribution section or, after 
- 19 -

subparagraph (b)(2) expires in accordance with subparagraph (e)(l), has engaged in a significant 

new use of the PMN substances (as defined in 40 CFR Pa1t 721, Subpart E) 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 of the following: 

(a) That the Company has, within 5 working days, notified the recipient in writing that the 

recipient has failed to comply with any of the conditions specified in paragraph (b) of this 

Distribution section, or has engaged in & significant new use of the PMN substances without 

submitting significant new use notices to EPA. 

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

Company received from the recipient, in writing, a statement of assurance that the recipient is 

aware of the terms of paragraph (b) of this Distribution section and will comply with those terms, 

or is aware of the terms of the 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 of assurance from a recipient under subparagraph 

(d)( 1 )(b) of this Distribution section, the Company obtains knowledge that the ·recipient has failed 

to comply with any of the conditions specified in paragraph (b) of this Distribution section, or has 

engaged in a significant new uses of these PMN substances without submitting a significant new 

use notice to EPA, the Company shall cease supplying these PMN substances to that recipient, 

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 of the PMN 

substances, EPA obtains knowledge (such as through a TSCA Section I 1 inspection or subpoena), 
- 20 -

that a recipient of the substances has failed to comply with any of the conditions specified in 

paragraph (b) of the Distribution section or, after subparagraph (b )(2) expires in accordance with 

subparagraph (e)(l), has engaged in a significant new use of the PMN substances (as defined in 40 

CFR Part 721, Subpart E) without submitting a significant new use notice to EPA, EPA may notify 

the Company in writing that, despite the terms of this Order, EPA finds that the distribution in 

commerce of the PMN substances will or may present an unreasonable risk of injury to human 

health or the environment. EPA's notice may specify that the Company undertake certain actions 

concerning further testing, manufacture, processing, distribution, use and/or disposal of the PMN 

substances to mitigate exposures to better characterize the risks presented by the PMN substances. 

Within 2 weeks from receipt of such a notice, the Company must cease all manufacture, 

processing, distribution, use and disposal of the PMN substances, unless either: 

(a) within 2 weeks from receipt of the EPA notice, the Company complies with such requirements 

as the notice specifies; or 

(b) within 4 weeks from receipt of the EPA notice, the Company submits to EPA a written 

report refuting EPA's finding and/or the appropriateness of any additional actions imposed by 

EPA. The EPA will respond to the Company, in writing, within 4 weeks of receiving the 

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

comply with any requirements imposed by EPA's notice or revised response or, cease all 

manufacture, processing, distribution, use and disposal ofthe PMN substances. 
- 21. ~· 

(e) Sunset Following SNUR. (1) Subparagraphs (b)(2) and (d)(2) ofthis Distribution section 

shall expire 75 days after promulgation of a final SNURs for these PMN substances under section 

5(a)(2) of TSCA, unless the Company is notified on or before that day of an action in a Federal 

Court seeking judicial review of the SNUR. If the Company is so notified, subparagraph (b )(2) 

and ( d)(2) of this Distribution section shall not expire until EPA notifies the Company in writing 

that all Federal Court actions involving the SNUR have been resolved and the validity of the 

SNUR affirmed. 

(2) When EPA promulgates a final SNUR for these PMN substances and subparagraphs (b )(2) 

and ( d)(2) of this Distribution section expires in accordance with subparagraph ( e )(l ), th'e 

Company shall notify each person to whom it distributes the PMN substances of the 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 of the SNURs for this PMN substances in either the Federal Register or the Code 

of Federal Regulations. After promulgation of SNURs and expiration of subparagraphs (b )(2) and 

(d)(2), such notices may substitute for the written agreements required in the introductory clause of 

paragraph (b); so that, if the Company provides such notices to the persons to whom it distributes 

the PMN substances, then the Company is not required to obtain from such persons the written 

agreements specified in paragraph (b). 
- 2?. -

RELEASE TOW ATER 

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 or purposeful release of the PMN substances, or any 

waste stream from manufacturing, processing, and use containing the PMN substances: 

( 1 )(a) Into the waters of the United States if the quotient from the formula: 

number of kilograms/day/site released 

--------------------------------------------- x 1000 = N parts per billion 

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 CFR 721.9l(a)(4) does not apply. Instead, ifthe waste stream containing 

the PMN substances will be treated using biological treatment (activated sludge or equivalent) plus 

clarification, then the amount of PMN substances reasonably likely to be removed from the waste 

stream by such treatment may be subtracted in calculating the number of kilograms released. No 

more than 90 percent removal efficiency may be attributed to such treatment. 

.(b) In lieu of calculating 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 

of the substances, if the monitoring procedures or calculations have been approved for such 

purpose by EPA. EPA will review and act on a written request to approve monitoring procedures 

or alternative calculations within 90 days after such a request is received. The Agency will inform 

the Company of the disposition of such 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 of TSCA: 

( 1) Exemptions. Records documenting that the PMN substances did in fact qualify for any 

one or more of the exemptions described in Section I, Paragraph (b) of this Order. Such records 

must satisfy all the statutory and regulatory recordkecping requirements applicable to the 

exemption being claimed by the Company. Any amounts or batches of the PMN substances 

eligible for the export only exemption in Section I, Paragraph (b)( 1) of this Order are exempt from 

all the requirements in this Recordkeeping section, if the Company maintains, for 5 years 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 

eligible for the research and development exemption in Section I, Paragraph (b)(2) of this Order 

are exempt from all the requirements in this Recordkeeping section, ifthe Company maintains, for 

5 years from the date of their creation, the records required 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 Section I, Paragraph (b) of this 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 ofthe PMN substances and the 

corresponding dates of manufacture; 
- 24 -

(3) Records documenting the names and addresses (including shipment destination 

address, if different) of all persons outside the site of manufacture to whom the Company directly 

sells or transfers the PMN substances, the date of each sale or transfer, and the quantity of the 

substances sold or transferred on such date; 

( 4) Records documenting the address of all sites of manufacture, processing, and use; 

(5) Records documenting establislm1ent and implementation of the hazard communication 

program required by the Hazard Communication Program section of this Order; 

(6) Copies of labels required under the Hazard Communication Program section of this 

Order; 

(7) Copies of Material Safety Data Sheets required by the Hazard Communication 

Program section of this 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 agreement to comply with the Distribution section of this 

Order; 

(9) Records documenting compliance with any applicable disposal requirements under the 

Disposal section of this Order, including method of disposal, location of disposal sites, dates of 

disposal, and volume of PMN substances disposed. Where the estimated disposal volume is not 

known to the Company and is not reasonably ascertainable by the Company, the Company must 

maintain other records which demonstrate establishment and implementation of a program that 

ensures compliance with any applicable disposal requirements; 
- 25 -

( l 0) Records documenting establishment and implementation of procedures that ensure 

compliance with any applicable water discharge limitation in the Release to Water section of this 

Order; 

( 11) Copies of any Transfer Documents and notices required by the Successor Liability 

section of this Order, if applicable; and, 

( 12) The Company shall keep a copy of this Order at each of its sites where the PMN 

substances arc manufactured. 

(b) Applicability. The provisions of this Recordkeeping Section are applicable only to activities 

of the Company and its Contract Manufacturer, if applicable, and not to activities of the 

Company's customers. 

(c) OMB Control Number. Under the Paperwork Reduction Act and its regulations at 5 CFR Part 

1320, pmticularly 5 CPR 1320.5(b ), the Company is not required to respond to this "collection of 

information" unless this Order displays a currently valid control number from the Office of 

Management and Budget ("OMB"), and EPA so informs the Company. The "collection of 

information" required in this TSCA §5(e) Consent Order has been approved under currently valid 

OMB Control Number 2070-0012. 

TV. REQUESTS FOR PRE-INSPECTION INFORMATION 

(a) EPA's Request for Information. Pursuant to section 11 ofTSCA and 40 CFR 720.122, EPA 

may occasionally conduct on-site compliance inspections of Company facilities and conveyances 

associated with these PMN substances. To facilitate such inspections, EPA personnel may contact 
- 26 -

the Company in advance to request information pertinent to the scheduling and conduct of such 

inspections. Such requests may be written or oral. The types of information that EPA may request 

include, but are not limited to, the following: 

(1) Expected dates and times when the PMN substances will be in production within the 

subsequent 12 months; 

(2) Current workshift schedules for workers who are involved in activities associated with 

these PMN substances and may reasonably be exposed to these PMN substances; 

(3) Current job titles 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 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) Company's Response. The Company shall respond to such requests within a reasonable 

period of time, but in no event later than 30 days after receiving EPA's request. When requested 

in writing by EPA, the Company's response shall be in writing. 'To the extent the information is 

known to or reasonably ascertainable by the Company at the time of the request, the Company's 

response shall demonstrate a good faith effort to provide reasonably accurate and detailed answers 

to all of EPA's requests. 
- 27 -

(c) Confidential Business Information. Any Confidential Business Information ("CBI") that the 

Company submits to EPA pursuant to paragraph (b) shall be protected in accordance with § 14 of 

TSCA and 40 CFR Part 2. 

V. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER 

(a) Scope. This section sets forth the procedures by which the Company's rights and obligations 

under this Order may be transferred when the Company transfers its interests in the PMN 

substances, including the right to manufacture the PMN substances, to another person outside the 

Company (the "Successor in Interest"). 

(b) Relation of Transfer Date to Notice of Commencement ("NOC"). 

( 1) Before NOC. If the transfer fro in the Company to the Successor in Interest is effective 

before EPA receives a notice of commencement of manufacture ("NOC") for the PMN substances 

from the Company pursuant to 40 CFR 720.102, the Successor in Interest must submit new PMN 

to EPA and comply fully with Section S(a)(l) ofTSCA and 40 CFR part 720 before commencing 

manufacture of the PMN substances. 

(2) After NOC. If the transfer from the Company to the Successor in Interest is effective 

after EPA receives a NOC, the Successor in Interest shall comply with the terms of this Order and 

shall not be required to submit a new PMN to EPA. 

(c) Definitions. The following definitions apply to this Successor Liability section of the Order: 
- 28 -

( 1) "Successor in Interest" means a person 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, through transfer 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 of the 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, or doing business in the United States in accordance with 

40 CFR 720.22(a)(3) and 40 CFR 720.3(z). 

(2) "Transfer Document" 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 Successor in Interest. On or before the effective date of the transfer, the 

Company shall provide to the Successor in Interest, by registered mail, a copy of the Consent 

Order and the "Notice of Transfer" document which is incorporated by reference as Attachment B 

to this Order. 

(2) Notice to EPA. Within I 0 business days of the effective date of the transfer, the 

Company shall, by registered mail, submit the fully executed Notice of Transfer document to: 

U.S. Environmental Protection Agency, New Chemicals Management Branch (7405), 1200 

Pennsylvania Avenue, N.W., Washington, D.C. 20460. 
- 29 -

(3) Transfer Document. Copies of the Transfer Document must be maintained by the 

Successor in Interest at its principal place of business, and at all sites where the PMN substances is 

manufactured. Copies of the Transfer Document must also be made available for inspection 

pursuant to Section 11 of TSCA, must state the effective date of transfer, and must contain 

provisions which expressly transfer liability for the P~ substances under the terms of this Order 

from the Company to the Successor in Interest. 

(e) Liability. 

(I) The Company shall be liable for compliance with the requirements of this Order until 

the effective date of the transfer described above. 

(2) The Successor in Interest shall be liable for compliance with the requirements of this 

Order effective as ofthe date of transfer. 

(3) Nothing in this section shall be construed to prohibit the Agency from taking 

enforcement action against the Company after the effective date of the transfer for actions taken, or 

omissions made, during the time in which the Company manufactured, processed, used, distributed 

in commerce, or disposed of the PMN substances pursuant to the terms of this Consent Order. 

VI. MODIFICATION AND REVOCATION OF CONSENT ORDER 

(a) Petitions. 

( 1) The Company may petition EPA at any time, based upon new information on the 

environmental effects or environmental release of the PMN substances, to modify or revoke 

substantive provisions of this Order. 
- 30 -

(2) The exposures and risks identified by EPA during its review of the 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 at the 'time the Agency makes that 

determination, including, where appropriate, any reassessment ofthe test data or other information 

that supports the findings in this Order, an examination of new test data or other information or 

analysis, and any other relevant information. 

(3) EPA will issue a modification or revocation if EPA determines that the activities 

proposed therein will not present an unreasonable risk of injury to health or the environment and 

will not result in significant or substantial human exposure or substantial environmental release in 

the absence of data sufficient to permit a reasoned evaluation of the health or environmental 

effects of the PMN substances. 

(4) In addition, the Company may petition EPA at any time to make other modifications to 

the language of this Order. EPA will issue such a modification if EPA determines that the 

modification is useful, appropriate, and consistent with the structure and intent of this Order as 

issued. 

(b) Modification or Revocation by EPA. Based on study results describing in the paragraph (d) of 

the Testing Section or if EPA becomes aware of information that the terms of the Consent Order 

are not being adhered to by downstream users as described in paragraph ( d)(2) of the 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 consenting to the entry of this Order, the Company waives its rights to file 

objections to this Order pursuant to section 5( e )(1 )(C) of TSCA, to receive service of this Order no 

later than 45 days before the end of the review period pursuant to section 5(e)(l)(B) ofTSCA, and 

to challenge the validity of this Order in any subsequent action. Consenting to the entry of this 

Order, and agreeing to be bound by its terms, do not constitute an admission by the Company as to 

the facts or conclusions underlying the Agency's determinations in this proceeding. This waiver 

does not affect any other rights that the Company may have under TSCA. 

(b) CBI Brackets. By signing this Order, the Company 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 CFR Part 720 Subpart E, 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 of Pollution Prevention and Taxies 
ATTACHMENT A 

DEFINITIONS 

Note: The attached Order may not contain some ofthe terms defined below. 

"Chemical name" means the scientific designation of a 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, or generic 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. For purposes of this section, pipes or piping 

systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be 

containers. 

"Contract Manufacturer" means a person, outside the Company, who is authorized to 

manufacture the PMN substances under the conditions specified in Part II. of this Consent Order 

and in the Consent Order for Contract Manufacturer. 

"Identity" means any chemical or common name used to identify a chemical substances or 

a mixture containing that substances. 

"Immediate use." A chemical substances is for the "immediate use" of a person if it is 

under the control of, and used only by, the person who transferred it from a labeled container and 

will only be used by that person within the work shift in which it is transferred from the labeled 

container. 

"Mahufacture'' means to produce or manufacture in tl he United States or import into the 

customs territory of the United States. 

"Manufacturing stream" means all reasonably anticipated transfer, flow, or disposal of a 

chemical substances, regardless of physical state or concentration, through all intended operations 

of manufacture, including the cleaning of equipment. 

"MSDS" means materia] safety data sheet, the written listing of data for the chemical 

substances. 
2 

"Non-industrial use" means use other than at a facility where chemical substancess or 

mixtures are manufactured or processed. 

"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, or disposal of a chemical 

substances, regardless of physical state or concentration, through all intended operations of 

processing, including the cleaning of equipment. 

"Scientifically invalid" means any significant departure from the EPA-approved protocol 

or the Good Laboratory Practice Standards at 40 CPR Part 792 without prior or subsequent Agency 

approval that prevents a reasoned evaluation of the health or environmental effects of the PMN 

substances. 

"Scientifically equivocal data" means data which, although developed in apparent 

conformity with the Good Laboratory Practice Standards and EPA-approved protocols, are 

inconclusive, internally inconsistent, or' otherwise insufficient to permit a reasoned evaluation of 

the potential risk of injury to human health or the enviro1m1ent of the PMN substances. 

"Sealed container" means a closed container that is physically and chemically suitable for 

long-term containment of the 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, or disposal of a chemical 

substances, regardless of physical state or concentration, through all intended operations of 

industrial, commercial, or consumer use. 

"Waters of the United States" has the meaning set forth in 40 CFR 122.2. 

"Work area" means a room or defined space in a workplace where the PMN substances is 

manufactured, processed, or used and where employees are present. 

"Workplace" means an establishment at one geographic location containing one or more 

work areas. 
Company (Transferor) 

ATTACHMENT B 

NOTICE OF TRANSFER 

OF 

TOXIC SUBSTANCESS CONTROL ACT 

SECTION S(c) CONSENT ORDER 

PMNNumber 

1. Transfer of Manufacture Rights. Effective on ____ ---··- __ , the Company did sell or 

otherwise transfer to _, ("Successor in Interest") the rights 

and liabilities associated with manufacture of the above-referenced chemical substances, which 

was the subject of a premanufacture notice ("PMN") and is governed by a Consent Order issued 

by the U.S. Environmental Protection Agency ("EPA") under the authority of §5(e) of the Toxic 

Substancess Control Act ("TSCA," 15 U.S .C. §2604(e)). 

2. Assumption of Liability. The Successor in Interest hereby certifies that, as of the effective date 

of transfer, all actions or omissions governed by the applicable Consent Order limiting 

manufacture, processing, use, distribution in commerce and disposal ofthe PMN substances, shall 

be the responsibility of the Successor in Interest. Successor in Interest also certifies that it is 

incorporated, licensed, or doing business in the United States in accordance with 40 CFR 

720.22(a)(3). 

3. Confidential Business Information. The Successor in Interest hereby: 

_ reasserts, 

_ relinquishes, or 

modifies 

all Confidential Business Information ("CBI") claims made by the Company, pursuant to Section 

14 of TSCA and 40 CFR part 2, for the PMN 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 by the original submitter) would not subsequently be eligible for 

confidential treatment under this Notice of Transfer.