UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF POLLUTION PREVENTION AND TOXICS

REGULATION OF NEW CHEMICAL SUBSTANCE

PENDING DEVELOPMENT OF INFORMATION

In the matter of:

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Premanufacture Notice Number:

P-09-257

Consent Order and Determinations Supporting Consent Order

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TABLE OF CONTENTS

Preamble

I. Introduction

II. Sunnnary ofTerms ofthe Order

III. Contents ofPMN

IV. EPA's Assessment ofRisk

V. EPA's Conclusions ofLaw

VI. Information Required to Evaluate Human Health Effects

Consent Order

I. Scope ofApplicability and Exemptions

II. Terms ofManufacture, Import, Processing, Distribution in Commerce, Use, and Disposal

Pending Submission and Evaluation ofInformation

III. Recordkeeping

IV. Requests for Pre-Inspection Information

V. Successor Liability Upon Transfer ofConsent Order

VI. Modification and Revocation ofConsent Order

VII. Effect ofConsent Order

Attachment A - Definitions

Attachment B - Notice of Transfer of Consent Order

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PREAMBLE

I INTRODUCTION

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

2604(e», the Environmental Protection Agency ("EPA" or "the Agency") issues the attached

Order, regarding premanufacture notice ("PMN") P-09-257 for the chemical substance, multiwall carbon nanotube, CNT (the "PMN substance"), submitted by [ ]

("the Company"), to take effect upon expiration ofthe PMN review period. The Company

submitted the PMN to EPA pursuant to section 5(a)(I) ofTSCA and 40 CFR Part 720.

Under § 15 ofTSCA, 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 this one, are subject to the § 12(b) export notice requirement.

II. SUMMARY OF TERMS OF THE ORDER

The Consent Order for this PMN substance requires the Company to:

I) Submit certain test data before either exceeding the specified production volume or a

specified time period;

2) Submit certain physical-chemical data;

3) Submit a I gram sample ofthe PMN substance with MSDS upon request;

4) Provide workers with impervious gloves and chemical protective clothing;

5) Provide workers with a full-face NIOSH-approved respirator with an N -100 cartridge

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IV

to prevent inhalation exposure in the work area;

Import, process, and use the PMN substance only as: [ ],

Generic Use: as electric conductive filler to replace conventional material such as carbon black,

or carbon fiber in matrices such as polymer resin for conductive applications;

7) Not manufacture the substance in the United States (import only);

8) No water releases during processing and use;

9) Distribute the PMN substance only to a person who agrees to follow the same

restrictions (except the testing requirements); and

10) Maintain certain records.

1) CONTENTS OF PMN

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 of TSCA, 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.

Confidential Business Information Claims (Bracketed in the Preamble and Order):

Name of authorized official, company's name, production volume, physical properties, CNT

agglomerates information, precursor substances, typical composition, process information,

impurities, use, byproducts, and worker/occupational exposure.

Chemical Identity: multi-wall carbon nanotubes.

Use:

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Specific use as:[ ].

Generic use: electric conductive filler to replace conventional material such as carbon black,

or carbon fiber in matrices such as polymer resin for conductive applications.

Maximum 12-Month Production Volume: [ ] kg/yr.

Test Data Submitted with PMN: physical-chemical data

IV. EPA'S ASSESSMENT OF RISK

The following are EPA's predictions regarding the probable toxicity, human exposure

and environmental release ofthe PMN substance, based on the information currently available to

the Agency.

Human Health Effects Summary:

Absorption is expected to be poor via all routes based on test data for chemicals with

similar molecular structures and chemicals with similar physical/chemical properties. There are

concerns for lung effects based on the EPA Respirable, Poorly Soluble

Particulates chemical category. See

www,epa,gov/opptlnewchems/pubs/cat02.htrn#Respirable.

There are concerns for pulmonary toxicity, fibrosis, carcinoginecity, mutagenicity, and

immunotoxicity based on analogues. There are also data suggesting that pulmonary deposition

ofsome nanoparticles, including carbon nanotubes, may induce cardiovascular toxicity when

inhaled.

The major health concerns are for potential pulmonary toxicity, fibrosis and cancer to workers

exposed via the inhalation route.

Occupational Exposure

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Table I

Scenario # Sites # Workers Inhal (mg/d) Derm (mg/d)

Use [ ] [ ] 0.13 12

Risk to Workers: The PMN substance may present a risk to workers exposed to the PMN

substance via inhalation. In the Occupational Exposure table above the worst case worker

inhalation value of 0.13 mg/day (0.013 mg/m3

) during use is at least one order ofmagnitude

above the NCEL of 0.0028225 mg/m3

. Therefore, there is a concern for pulmonary toxicity,

fibrosis and cancer and a potential for cardiovascular effects to workers exposed to the PMN via

the inhalation route.

Environmental releases:

Environmental Release Estimate Summary:

Source:

Container and

Equipment \cleaning

Media ofRelease

Landfill

Total releases, kg/yr

400 kg/y

Risk to general population: A qualitative evaluation ofthe releas.es estimated indic.ates that tb,ere

is some potential for exposure ofthe general population and the environment from landfill

releases. Human ingestion exposure may result from the landfill releases.

Environmental Risk: Risk from environmental exposure is low based on no water releases.

V. EPA'S CONCLUSIONS OF LAW

The following findings constitute the basis ofthe Consent Order:

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(a) EPA is unable to determine the potential for human health effects from exposure to the PMN

substance. EPA therefore concludes, pursuant to § 5(e)(I)(A)(i) ofTSCA, that the information

available to the Agency is insufficient to permit a reasoned evaluation ofthe human health

effects ofthe PMN substance.

(b) In light ofthe potential risk to human health posed by the uncontrolled manufacture, import,

processing, distribution in commerce, use, and disposal ofthe PMN substance, EPA has

concluded, pursuant to § 5(e)(1 )(A)(ii)(I) of TSCA, that uncontrolled manufacture, import,

processing, distribution in commerce, use, and disposal ofthe PMN substance may present an

unreasonable risk ofinjury to human health.

VI. INFORMAnON REQUIRED TO EVALUATE HEALTH EFFECTS

Triggered Testing. The Order prohibits the Company from exceeding specified time

periods or production volume unless the Company submits the information described in the

Testing section ofthis Order in accordance with the conditions specified in the Testing section.

The Order's restrictions on manufacture, import, processing, distribution in commerce, use, and

disposal ofthe PMN substances will remain in effect until the Order is IIlodified or revoked by

EPA based on submission ofthat or other relevant information.

EPA encourages the Company to develop additional health effects testing in coordination with

other manufacturers of carbon nanotubes. This can be done under the in-depth portion ofEPA's

Nanoscale Materials Stewardship Program or through independent testing. EPA is willing to

facilitate the process in coordination with other ongoing health effects testing for the PMN

substances nationally and internationally.

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In addition, the Order will require that the Company provide EPA with a I gram sample ofthe

PMN material along with MSDS, upon request.

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SANITIZED

CONSENT ORDER

I. SCOPE OF APPLICABILITY AND EXEMPTIONS

(a) Scope. The requirements ofthis Order apply to all commercial manufacturing, processing,

distribution in commerce, use and disposal, in the United States, ofthe following chemical

substance, multi-wall carbon nanotube, (the "PMN substance"), submitted by [ ] ("the

Company"), except to the extent that those activities are exempted by

paragraph (b).

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

PMN substance are 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 (1) these activities are conducted in full compliance with all applicable requirements

ofthe following exemptions, and (2) such compliance is documented by appropriate

recordkeeping as required in the Recordkeeping section ofthis Order.

(I) Completely Reacted (Cured). The requirements ofthis Order do not apply to

quantities ofthe PMN substance that have been completely reacted (cured) or incorporated into a

polymer matrix that itself has been reacted (cured).

(2) Export. Until the Company begins commercial manufacture ofthe PMN substance

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for use in the United States, the requirements ofthis Order do not apply to manufacture,

processing or distribution in commerce ofthe PMN substance solely for export in accordance

with TSCA §12(a) and (b), 40 CFR nO.3(s) and 40 CFR Part 707. However, once the Company

begins to manufacture the PMN substance for use in the United States, no further activities by

the Company involving the PMN substance are exempt as "solely for export" even ifsome

amounts ofthe PMN substance are later exported. At that point, the requirements ofthis Order

apply to all activities associated with the PMN substance while in the territory ofthe United

States. Prior to leaving U.S. territory, even those quantities or batches ofthe PMN substance that

are destined for export are subject to terms ofthe Order, and count towards any production

volume test triggers in the Testing section ofthis Order.

(3) Research & Development ("R&D"). The requirements of this Order do not apply to

manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance in

small quantities solely for research and development in accordance with TSCA §5(h)(3), 40 CFR

nO.3(cc), and 40 CFR n0.36.

(4) Byproducts. The requirements ofthis Order do not apply tothe. PMN substance

when it is produced, without separate commercial intent, only as "byproducts" as defined at 40

CFR nO.3(d) and in compliance with 40 CFR n0.30(g).

(5) No Separate Commercial Purpose. The requirements ofthis Order do not apply to

the PMN substance when it is mannfactured, pursuant to any ofthe exemptions in 40 CFR

n0.30(h), with no commercial purpose separate from the substance, mixture, or article ofwhich

it is a part.

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(c) Automatic Sunset. Ifthe Company has obtained for the PMN substance a Test Market

Exemption ("TME") under TSCA §5(h)(1) 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)(1) and (2) respectively, any such exemption is automatically rendered null and

void as ofthe effective date ofthis Consent Order.

II. TERMS OF MANUFACTURE, IMPORT, PROCESSING,

DISTRIBUTION IN COMMERCE, USE, AND DISPOSAL

PENDING SUBMISSION AND EVALUATION OF INFORMATION

PROHIBITION

The Company is prohibited from manufacturing, importing, processing, distributing in

commerce, using, or disposing ofthe PMN substance in the United States, for any nonexempt

commercial purpose, pending the development ofinformation necessary for a reasoned

evaluation ofthe human health effects ofthe substance, and the completion ofEPA's review of,

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

described in this Order.

TESTING

(a) Section 8ee) Reporting. Any information on the PMN substance which reasonably supports

the conclusion that the PMN substance present a substantial risk ofinjury to health or the

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

Register 11110 (March 16, 1978), 68 Federal Register 33129 (June 3,2003), and 70 Federal

Register 2162 (January 12, 2005), shall reference the appropriate PMN identification number for

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this substance and shall contain a statement that the substance is subject to this Consent Order.

Additional information regarding section 8(e) reporting requirements can be found in the

reporting guide referenced at 56 Federal Register 28458 (June 20, 1991).

(b) Notice of Study Scheduling. The Company shall notify, in writing, the EPA Laboratory

Data Integrity Branch (2225A), Office ofEnforcement and Compliance Assurance, U.S.

Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460,

ofthe following information within 10 days ofscheduling any study required to be performed

pursuant to this Order, or within 15 days after the effective date ofthis Order, whichever is later~

(1) The date when the study is scheduled to commence;

(2) The name and address ofthe laboratory which will conduct the study;

(3) The name and telephone number of a person at the Company or the laboratory whom

EPA may contact regarding the study; and

(4) The appropriate PMN identification number for the substance and a statement that

the substance is subject to this Consent Order.

(c) Good Laboratory Practice Standards and Test Protocols. Each study required to be

performed pursuant to this Order must be conducted according to TSCA Good Laboratory

Practice Standards at 40 CFR Part 792 and using methodologies generally accepted in the

relevant scientific community at the time the study is initiated. Before starting to conduct any

such study, the Company must obtain approval oftest protocols fromEPA by submitting written

protocols. EPA will respond to the Company within 4 weeks ofreceiving the written protocols.

Published test guidelines specified in paragraph (d) provide general guidance for development of

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test protocols, but are not themselves acceptable protocols. Approval ofthe test protocol does

not mean pre-acceptance oftest results.

(d) Triggered Testing Requirements.

(I) Tests. The Company is prohibited from manufacturing or importing the PMN

substance beyond the following aggregate manufacture and import volume ofthe PMN

substance combined ("the production limit"), unless the Company conducts the following test on

the PMN substance and submits all final reports and underlying data in accordance with the

conditions specified in this Testing section. The production/time limit shall be calculated

starting two years after expiration ofthe PMN review period.

Production/Time Limit

[] year(s) and []

month(s) or

[ ] kg,

whichever comes first

Test Guideline

Submit test data for the 90-day OPPTS 870-3465

inhalation toxicity test

with a post-exposure observation

period of up to 3 months,

bronchoalveolar lavage fluid (BALF)

analysis, aggregation/agglomeration

state, shape, size/size particle

distribution and. surface properties

ofmaterials as-administered,

aggregation/agglomeration state,

shape, size/size particle distribution

and surface properties ofmaterials

ofthe delivered materials after

administration, determination

of cardiovascular toxicity, heart

histopathology, and data on

pulmonary deposition.

(2) Physical/chemical Properties. Ifthe Company owns or controls any site in the

United States where the PMN substance is processed or used, the Company must submit

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the following data within 6 months after expiration ofthe PMN review period:

1) Hexagonal array orientation:

2) Alignment oflong axis:

3) Deformities:

4) Particle surface to volume ratio

5) Particle cmmt:

6) Dustiness test

measure chiral angle

any branching occurring (amount)

describe any deformities observed

dry particle count to determine the amount

ofthe material that is respirable and to

determine the amount of material that is in

various size ranges including nanometer

range

(EN 15051 method)

Description ofthe physical-chemical properties ofthe material tested should take into

consideration the characterizations identified in the Guidance Manual for Sponsors ofthe OECD

Sponsorship Programme for the Testing ofManufactured Nanomaterials.

(e) Test Reports. The Company shall: (1) conduct each study in good faith, with due care, and

in a scientifically valid marmer; (2) promptly furnish to EPA the results of any interim phase of

each study; and (3) submit, in triplicate (with an additional sanitized 90PY, if confidential

business information is involved), the final report of each study and all underlying data ("the

report and data") to EPA no later than 14 weeks prior to exceeding the applicable production

limit. The final report shall contain the contents specified in 40 CFR 792.185. Underlying data

shall be submitted to EPA in accordance with the applicable "Reporting", "Data and Reporting",

and "Test Report" subparagraphs in the applicable test guidelines. However, for purposes ofthis

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

make clear that the submission ofsuch information is mandatory. EPA will not require the

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submission ofraw data such as slides and laboratory notebooks unless ifEPA finds, on the basis

of professional judgment, that an adequate evaluation ofthe study cannot take place in the

absence ofthese items.

(f) Testing Waivers. The Company is not required to conduct a study specified in paragraph (d)

ofthis Testing section if notified in writing by EPA that it is unnecessary to conduct that study.

(g) Equivocal Data. If EPA finds that the data generated by a study are scientifically equivocal,

the Company may continue to manufacture and import the PMN substance beyond the applicable

production limit. To seek relief from any other restrictions ofthis Order, the Company may

make a second attempt to obtain unequivocal data by reconducting the study under the conditions

specified in paragraphs (b), (c), and (e)(1) and (2). The testing requirements may be modified, as

necessary to permit a reasoned evaluation ofthe risks presented by the PMN substance, only by

mutual consent of EPA and the Company.

(h) EPA Determination ofInvalid Data.

(1) Except as described in subparagraph (h)(2), if, within 6 weeks of EPA's receipt of a

test report and data, the Company receives written notice that EPA finds that the data generated

by a study are scientifically invalid, the Company is prohibited from further manufacture and

import ofthe PMN substance beyond the applicable production limit.

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

the applicable production limit only ifso notified, in writing, by EPA in response to the

Company's compliance with either ofthe following subparagraphs (h)(2)(i) or (h)(2)(ii).

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(i) The Company may reconduct the study in compliance with paragraphs (b),

(c), and (e)(1) and (2). Ifthere is sufficient time to reconduct the study and submit the report and

data to EPA at least 14 weeks before exceeding the production limit as required by subparagraph

(e)(3), the Company shall comply with subparagraph (e)(3). Ifthere is insufficient time for the

Company to comply with subparagraph (f)(3), the Company may exceed the production limit and

shall submit the report and data in triplicate to EPA within a reasonable period oftime, all as

specified by EPA in the notice described in subparagraph (h)(1). EPA will respond to the

Company, in writing, within 6 weeks ofreceiving the Company's report and data.

(ii) The Company may, within 4 weeks ofreceiving from EPA the notice

described in subparagraph (h)(l), submit to EPA a written report refuting EPA's fmding. EPA

will respond to the Company, in writing, within 4 weeks ofreceiving the Company's report.

(i) Company Determination ofInvalid Data.

(1 )Except as described in subparagraph (i)(2), ifthe Company becomes aware that

circumstances clearly beyond the control ofthe Company or laboratory will prevent, or have

prevented, development ofscientifically valid data under the conditions specified in paragraphs

(c) and (e), the Company remains prohibited from further manufacture and import ofthe PMN

substance beyond the applicable production limit.

(2) The Company may submit to EPA, within 2 weeks offirst becoming aware ofsuch

circumstances, a written statement explaining why circumstances clearly beyond the control of

the Company or laboratory will cause or have caused development ofscientifically invalid data.

EPA will notify the Company ofits response, in writing, within 4 weeks ofreceiving the

Company's report. EPA's written response may either:

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(i) allow the Company to continue to manufacture and import the PMN substance

beyond the applicable production limit, or

(ii) require the Company to continue to conduct, or to reconduct, the study in

compliance with paragraphs (b), (c), and (e)(l) and (2). Ifthere is sufficient time to conduct or

reconduct the study and submit the report and data to EPA at least 14 weeks before exceeding

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

subparagraph (e)(3). Ifthere is insufficient time for the Company to comply with subparagraph

(e)(3), the Company may exceed the production limit and shall submit the report and data in

triplicate to EPA within a reasonable period oftime, all as specified by EPA in the notice

described in subparagraph (i)(2). EPA will respond to the Company, in writing, within 6 weeks

ofreceiving the Company's report and data, as to whether the Company may continue to

manufacture and import beyond the applicable production limit.

CD Unreasonable Risk.

(l) EPA may notify the Company in writing that EPA finds that the data generated by a

study are scientifically valid and unequivocal and indicate that, despite the terms ofthis Order,

the PMN substance will or may present an unreasonable risk ofinjury to human health or the

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

further testing, manufacture, import, processing, distribution, use and/or disposal ofthe PMN

substance to mitigate exposures to or to better characterize the risks presented by the PMN

substance. Within 2 weeks from receipt ofsuch a notice, the Company must cease all

manufacture, import, processing, distribution, use and disposal ofthe PMN substance, unless

either:

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(2) within 2 weeks from receipt ofthe notice described in subparagraph 0)(1), the

Company complies with such requirements as EPA's notice specifies; or

(3) within 4 weeks from receipt ofthe notice described in subparagraph 0)(1), the

Company submits to EPA a written report refuting EPA's fmding and/or the appropriateness of

any additional requirements imposed by EPA. The Company may continue to manufacture,

import, process, distribute, use and dispose ofthe PMN substance in accordance with the terms

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

Company, in writing, within 4 weeks ofreceiving the Company's report. Within 2 weeks of

receipt of EPA's written response, the Company shall comply with any requirements imposed by

EPA's response or cease all manufacture, import, processing, distribution, use and disposal of

the PMN substance.

(k) Other Requirements. Regardless ofthe satisfaction of any other conditions in this Testing

section, the Company must continue to obey all the terms ofthis Consent Order until otherwise

notified in writing by EPA. The Company may, based upon submitted test data or other relevant

information, petition EPA to modify or revoke provisions ofthis Consent Order pursuant to Part

VI ofthis Consent Order.

PROTECTION IN THE WORKPLACE

(a) Establishment of Program. During manufacturing, processing, and use ofthe PMN substance

at any site controlled by the Company (including any associated packaging and storage and

during any cleaning or maintenance of equipment associated with the PMN substance), the

Company must establish a program whereby:

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(1) General Dermal Protection. Each person who is reasonably likely to be dermally

exposed in the work area to the PMN substance through direct handling ofthe substance or

through contact with equipment on which the substance may exist, or because the substance

become airborne in a form listed in subparagraph (a)(5) ofthis section, is provided with, and is

required to wear, personal protective equipment that provides a barrier to prevent dermal

exposure to the substance in the specific work area where the substance are selected for use.

Each such item of personal protective equipment must be selected and used in accordance with

OSHA dermal protection requirements at 29 CFR 1910.132,1910.133, and 1910.138.

(2) Specific Dermal Protective Equipment. The dermal personal protective equipment

required by subparagraph (a)(1) ofthis section must include, but is not limited to, the following

items:

(i) Gloves impervious to the PMN substance

(ii) Full body clothing impervious to the PMN substance

(3) Demonstration ofImperviousness. The Company is able to demonstrate that each

item of chemical protective clothing selected, including gloves, provides an impervious barrier to

prevent dermal exposure during normal and expected duration and conditions of exposure within

the work area by anyone or a combination ofthe following:

(i) Permeation Testing. Testing the material used to make the chemical protective

clothing and the construction ofthe clothing to establish that the protective clothing will be

impervious for the expected duration and conditions of exposure. The testing must subject the

chemical protective clothing to the expected conditions of exposure, including the likely

combinations of chemical substance to which the clothing may be exposed in the work area.

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Permeation testing shall be conducted according to the American Society for Testing and

Materials ("ASTM") F739 "Standard Test Method for Resistance ofProtective Clothing

materials to Permeation by Liquids or Gases." Results shall be recorded as a cumulative

permeation rate as a function oftime, and shall be documented in accordance with ASTM F739

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

Permeation Testing on Protective Clothing Materials." Gloves may not be used for a time period

longer than they are actually tested and must be replaced at the end of each work shift during

which they are exposed to the PMN substance.

(ii) Manufacturer's Specifications. Evaluating the specifications from the

manufacturer or supplier ofthe chemical protective clothing, or ofthe material used in

construction ofthe clothing, to establish that the chemical protective clothing will be impervious

to the PMN substance alone and in likely combination with other chemical substance in the work

area.

(4) Respiratory Protection. Each person who is reasonably likely to be exposed by

inhalation in the work area to the PMN substance in the form listed in subparagraph (a)(5) ofthis

section, is provided with, and is required to wear, at a minimum, a NIOSH~certified respirator

from the respirators listed in subparagraph (a)(6) ofthis section, and the respirator is used in

accordance with the Occupational Safety and Health Administration ("OSHA") and NIOSH

respiratory protection requirements at 29 CFR 1910.134 and 42 CFR Part 84. All respirators

must be issued, used, and maintained according to an appropriate respiratory protection program

under the OSHA requirements in 29 CFR 1910.134.

(5) Physical States. The following physical states of airborne chemical substance are

listed for subparagraphs (a)(l) and (4) ofthis section:

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(i) Particulate (including solids or liquid droplets).

(6) Authorized Respirators. The following NIOSH-certified respirators

meet the minimum requirements for subparagraph (a)(4) ofthis section: NIOSH-certified airpurifying, tight-fitting full-face respirator equipped with NI00 cartridges.

MANUFACTURING

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

import ofthe PMN substance by any other person.

(2) Sunset Following SNUR. Subparagraph (a)(1) shall expire 75 days after promulgation of

a final significant new use rule ("SNUR") governing the PMN substance under section 5(a)(2) of

TSCA unless the Company is notified on or before that day of an action in a Federal Court

seeking judicial review ofthe SNUR. Ifthe Company is so notified, subparagraph (a)(1) shall

not expire until EPA notifies the Company in writing that all Federal Court actions involving the

SNUR have been resolved and the validity ofthe SNUR affirmed.

(3) Notice of SNUR. When EPA promulgates a final SNUR for the PMN substance and

subparagraph (a)(I) expires in accordance with subparagraph (a)(2), the Company shall notify

each person whom it causes, encourages or suggests to manufacture or import the PMN

substance ofthe existence ofthe SNUR.

(b) Prohibited Uses. The Company shall not: (i) import the PMN substance for use other than as:

[ ]; (ii) manufacture the PMN substance in the United States.

(c) The Company shall provide to EPA a 1 gram sample ofthe PMN substance as specified

by EPA in a future written request along with a copy ofthe MSDS for the substance.

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PROCESSING AND USE

The Company shall not process or use the PMN substance other than as: [ ].

DISTRIBUTION

(a) Export Notice Requirement. No later than the date of distribution, the Company shall notify

in writing any person to whom it distributes the PMN substance that, due to the issuance ofthis

Consent Order under section 5(e) of TSCA, the PMN substance is subject to the export

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

shall contain, in the form in which they appear in the Consent Order, the following information:

(1) the PMN number and (2) either (A) the specific chemical identity ofthe chemical substance,

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

(b) Distribution Requirements. (i) Except after the PMN substance has been completely reacted

(cured) or incorporated into a polymer matrix that has been completely reacted (cured), the

Company shall distribute the PMN substance outside the Company, other than for disposal, 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 the PMN substance that, due to

the issuance ofthis Consent Order under section 5(e) of TSCA, the PMN substance is 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

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information: (1) the PMN munber, and (2) either (A) the specific chemical identity ofthe PMN

substance, or (B) ifthe specific chemical identity is confidential, the generic chemical identity.

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

until after the PMN substance has been completely reacted (cured) or incorporated into a

polymer matrix that has been completely reacted (cured).

(3) Comply with the same requirements and restrictions required ofthe Company in the

Protection in the Workplace section.

(4) Not process or use the PMN substance other than as: [ ].

(5) Comply with the same environmental release restrictions required ofthe Company in

the Release to Water Section ofthe Order.

(ii) Disposal Exemption. Except for the §12(b), export notice requirement in paragraph

(b)(i)(l) above, the distribution requirements in (b)(i) do not apply when the Company

distributes the PMN substance for disposal only.

(c) Temporary Transport and Storage. Notwithstanding paragraph (b), the Company may

distribute the PMN substance outside the Company for temporary transport and storage in sealed

containers provided the following two conditions are met:

(1) Subsequent to any such exempt temporary transport or storage ofsealed containers, the

PMN substance 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 substance may occur only while the PMN

substance are in the possession and control ofthe Company or a person who has given the

EPA SANITIZED Page 23 of 40
17

Company the written agreement required by paragraph (b).

(d) Recipient Non-Compliance. If, at any time after commencing distribution in commerce ofthe

PMN substance, the Company obtains knowledge that a recipient ofthe substance have failed to

comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section or, after

subparagraph (b)(i)(2) expires in accordance with subparagraph (e)(1), has engaged in a significant

new use ofthe PMN substance (as defined in 40 CFR Part 721, Subpart E) without submitting a

significant new use notice to EPA, the Company shall cease supplying the substance to that

recipient, unless the Company is able to document each ofthe following:

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

recipient has failed to comply with any ofthe conditions specified in paragraph (b) ofthis

Distribution section, or has engaged in a significant new use ofthe PMN substance without

submitting a significant new use notice to EPA.

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

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

aware ofthe terms of paragraph (b) ofthis Distribution section and will comply with those terms,

or is aware ofthe terms ofthe significant new use rule for the PMN substance and will not engage

in a significant new use without submitting a significant new use notice to EPA.

(3) If, after receiving a statement of assurance from a recipient under subparagraph (d)(2)

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, or has engaged in

a significant new use ofthe PMN substance without submitting a significant new use notice to

EPA, the Company shall cease supplying the PMN substance to that recipient, shall notify EPA of

EPA SANITIZED Page 24 of 40
18

the failure to comply, and shall resume supplying the PMN substance to that recipient only upon

written notification from the Agency.

(e) Sunset Following SNUR. (1) Subparagraph (b)(i)(2) ofthis Distribution section shall expire

75 days after promulgation of a final SNUR for the PMN substance under section 5(a)(2) of

TSCA, unless the Company is notified on or before that day of an action in a Federal Court

seeking judicial review ofthe SNUR. Ifthe Company is so notified, subparagraph (b)(i)(2) ofthis

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 ofthe SNUR affinned.

(2) When EPA promulgates a final SNUR for the PMN substance and subparagraph

(b)(i)(2) ofthis Distribution section expires in accordance with subparagraph (e)(1), the Company

shall notifY each person to whom it distributes the PMN substance ofthe existence ofthe SNUR.

Such notification must be in writing and must specifically include all limitations contained in the

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

notification to EPA for the PMN substance. Such notice must also reference the publication ofthe

SNUR for this PMN substance in either the Federal Register or the Code of Federal Regnlations.

After promulgation of a SNUR and expiration ofsubparagraph (b)(i)(2), such notice may

substitute for the written agreement required in the introductory clause of paragraph (b); so that, if

the Company provides such notice to the persons to whom it distributes the PMN substance, then

the Company is not required to obtain from such persons the written agreement specified in

paragraph (b).

EPA SANITIZED Page 25 of 40
19

RELEASE TO WATER

The Company is prohibited from any predictable or purposeful release ofthe PMN substance, or

any waste stream from processing and use containing the PMN substance into the waters ofthe

United States.

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 substance did in fact qualify for any

one or more ofthe exemptions described in Section I, Paragraph (b) ofthis Order. Such records

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

exemption being claimed by the Company. Any amounts or batches ofthe PMN substance

eligible for the Export 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, copies ofthe export label and export notice to EPA, required by TSCA

sections l2(a)(1)(B) and l2(b), respectively. Any amounts or batches ofthe PMN substance

eligible for the Research and Development exemption in Section I, Paragraph (b)(3) 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 CFR nO.78(b). For any

amounts or batches ofthe PMN substance 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,

EPA SANITIZED Page 26 of 40
20

but is exempt from the other recordkeeping requirements in this Recordkeeping section;

(2) Records documenting the manufacture and importation volume ofthe PMN substance

and the corresponding dates of manufacture and import;

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

address, if different) of all persons outside the site ofmanufacture or import to whom the Company

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

the substance sold or transferred on such date;

(4) Records documenting the addresses of all sites ofmanufacture, import, processing, and

use;

(5) Records documenting establishment and implementation of a program for the use of

any applicable personal protective equipment required pursuant to the Protection in the Workplace

section ofthis Order;

(6) Records documenting the determinations required by the Protection in the Workplace

section ofthis Order that chemical protective clothing is impervious to the PMN substance;

(7) Records documenting compliance with any applicable manufacturing, processing, use,

and distribution restrictions in the Manufacturing, Processing, and Use, and Distribution sections

ofthis Order, including distributees' written agreement to comply with the Distribution section of

this Order;

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

section ofthis Order, if applicable; and

(9) The Company shall keep a copy ofthis Order at each ofits sites where the PMN

substance are manufactured ofimported.

EPA SANITIZED Page 27 of 40
21

(a) Applicability. The provisions ofthis Recordkeeping Section are applicable only to activities

ofthe Company and its Contract Manufacturer, if applicable, and not to activities ofthe

Company's customers.

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

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

information" unless this Order displays a 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 Orders has been approved under currently valid

OMB Control Number 2070-0012.

IV. REOUESTS 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 ofCompany facilities and conveyances

associated with the PMN substance. To facilitate such inspections, EPA personnel may contact the

Company in advance to request information pertinent to the scheduling and conduct ofsuch

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

may include, but are not limited to, the following:

(i) Expected dates and times when the PMN substance will be in production within the

subsequent 12 months;

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

the PMN substance and may reasonably be exposed to the PMN substance;

(iii) Current job titles or categories for workers who are involved in activities associated

EPA SANITIZED Page 28 of 40
22

with the PMN substance and may reasonably be exposed to the PMN substance;

(iv) Existing exposure monitoring data for workers who are involved in activities

associated with the PMN substance and may reasonably be exposed to the PMN substance;

(v) Records required by the Recordkeeping section ofthis Order; and/or

(vi) 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's request. When requested in

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

known to or reasonably ascertainable to the 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's requests.

(c) Confidential Business Information. Any Confidential Business Information ("CEl") 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

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

Company (the "Successor in Interest").

EPA SANITIZED Page 29 of 40
23

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

(I) Before NOC. Ifthe transfer from the Company to the Successor in Interest is effective

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

substance from the Company pursuant to 40 CFR nO.1 02, the Successor in Interest must submit

new PMNs to EPA and comply fully with Section 5(a)(l) of TSCA and 40 CFR part no before

commencing manufacture or import ofthe PMN substance.

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

after EPA receives a NOC, the Successor in Interest shall comply with the tenns ofthis Order and

shall not be required to submit new PMNs to EPA.

(c) Definitions. The following definitions apply to this Successor Liability section ofthe Order:

(l) "Successor in Interest" means a person outside the Company who has acquired the

Company's full interest in the rights to manufacture the PMN substance, including all ownership

rights and legal liabilities, through a transfer document signed by the Company, as transferor, and

the Successor in Interest, as transferee. The tenn excludes persons who acquire less than the full

interest ofthe Company in the PMN substance, such as a licensee who has acquired a limited

license to the patent or manufacturing rights associated with the PMN substance. A Successor in

Interest must be incorporated, licensed, or doing business in the United States in accordance with

40 CFR nO.22(a)(3).

(2) "Transfer Document" means the legal instrument(s) used to convey the interests in the

PMN substance, including the right to manufacture the PMN substance, from the Company to the

Successor in Interest.

EPA SANITIZED Page 30 of 40
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(d) Notices.

(l) Notice to Successor in Interest. On or before the effective date ofthe transfer, the

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

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

to this Order.

(2) Notice to EPA. Within 10 business days ofthe effective date ofthe transfer, the

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

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

Avenue, N.W., Washington, D.C. 20460.

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

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

manufactured or imported. Copies ofthe Transfer Document must also be made available for

inspection pursuant to Section II of TSCA, must state the effective date oftransfer, and must

contain provisions which expressly transfer liability for the PMN substance under the terms ofthis

Order from the Company to the Successor in 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 compliancewith the requirements ofthis

Order effective as ofthe date oftransfer.

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

EPA SANITIZED Page 31 of 40
25

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

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

in commerce, or disposed ofthe PMN substance pursuant to the terms ofthis Consent Order.

(f) Obligations to Submit Test Data under Consent Order. If paragraph (d) ofthe Testing section

ofthis Consent Order requires the Company to submit test data to EPA at a specified production

volume ("test trigger"), the aggregate volume ofthe PMN substance manufactured and imported

by the Company up to the date oftransfer shall count towards the test trigger applicable to the

Successor in Interest.

EPA SANITIZED Page 32 of 40
26

VI. MODIFICATION AND REVOCATION OF CONSENT ORDER

The Company may petition EPA at any time, based upon new information on the health

effects of, or human exposure to, the PMN substance, to modify or revoke substantive provisions

ofthis Order. The exposures and risks identified by EPA during its review ofthe PMN substance

and the information EPA determined to be necessary to evaluate those exposures and risks are

described in the preamble to this Order. However, in determining whether to amend or revoke this

Order, EPA will consider all relevant information available at the time the Agency makes that

determination, including, where appropriate, any reassessment 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.

EPA will issue a modification 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 of data sufficient to permit a reasoned evaluation ofthe health or environmental effects of

the PMN substance.

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

language ofthis Order. EPA will issue such a modification ifEPA determines that the

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

issued.

EPA SANITIZED Page 33 of 40
26

VII. EFFECT OF CONSENT ORDER

By consenting to the entry ofthis Order, the Company waives its rights to file objections to

this Order pursuant to section 5(e)(l)(C) of TSCA, to receive service ofthis Order no later than 45

days before the end ofthe review period pursuant to section 5(e)(I)(B) of TSCA, 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 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.

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 ihe information contained wiihin

the brackets.

1·~o Date Jim Will", . ec

Chemic C trol Division

Office 0 llution Prevention and Toxics

¢twt Da Name: r

Title: •

Company:[

]

]

EPA SANITIZED.

EPA SANITIZED Page 34 of 40
ATTACHMENT A

DEFINITIONS

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

"Chemical name" means the scientific designation of a chemical substance in accordance

with the nomenclature system developed by the International Union ofPure and Applied

Chemistry or the Chemical Abstracts Service's rules of nomenclature, or a name which will clearly

identify a chemical substance for the purpose of conducting a hazard evaluation.

"Chemical protective clothing" means items of clothing that provide a protective barrier to

prevent dermal contact with chemical substance of concern. Examples can include, but are not

limited to: full body protective clothing, boots, coveralls, gloves, jackets, and pants.

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

"Commercial use" means the use of a chemical substance or any mixture containing the

chemical substance in a commercial enterprise providing saleable goods or a service to consumers

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

"Common name" means any designation or identification such as code name, code number,

trade name, brand name, or generic chemical name used to identify a chemical substance other

than by its chemical name.

"Consumer" means a private individual who uses a chemical substance or any product

containing the chemical substance in or around a permanent or temporary household or residence,

during recreation, or for any personal use or enjoyment.

"Consumer product" means a chemical substance that is directly, or as part of a mixture,

sold or made available to consumers for their use in or around a permanent or temporary

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

"Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage

tank, or the like that contains a hazardous chemical. For purposes 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 and import the PMN substance under the conditions specified in Part II. ofthis

Consent Order and in the Consent Order for Contract Manufacturer.

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

a mixture containing that substance.

"Immediate use." A chemical substance is for the "immediate use" of a person ifit is under

EPA SANITIZED Page 35 of 40
2

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

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

container.

"Impervious." Chemical protective clothing is "impervious" to a chemical substance ifthe

substance causes no chemical or mechanical degradation, permeation, or penetration ofthe

chemical protective clothing under the conditions of, and the duration of, exposure.

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

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

ofmanufacture, including the cleaning of equipment.

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

substance.

"NIOSH" means the National Institute for Occupational Safety and Health ofthe U.S.

Department of Health and Human Services.

"Non-enclosed process" means any equipment system (such as an open-top reactor, storage

tank, or mixing vessel) in which a chemical substance is manufactured, processed, or otherwise

used where significant direct contact ofthe bulk chemical substance and the workplace air may

occur.

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

mixtures are manufactured, imported, or processed.

"PMN substance" means the chemical substance described in the Premanufacture notice

submitted by the Company relevant to this Order.

"Personal protective equipment" means any chemical protective Clothing or device placed

on the body to prevent contact with, and exposure to, an identified chemical substance or substance

in the work area. Examples include, but are not limited to, chemical protective clothing, aprons,

hoods, chemical goggles, face splash shields, or equivalent eye protection, and various types of

respirators. Barrier creams are not included in this definition.

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

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

processing, including the cleaning of equipment.

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

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

approval that prevents a reasoned evaluation ofthe health or environmental effects ofthe PMN

substance.

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

EPA SANITIZED Page 36 of 40
3

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 ofinjury to human health or the environment ofthe PMN substance.

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

long-term containment ofthe PMN substance, and from which there will be no human exposure to,

nor environmental release of, the PMN substance during transport and storage.

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

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

industrial, commercial, or consumer use.

"Waters 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 substance is

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

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

work areas.

EPA SANITIZED Page 37 of 40
ATTACHMENT B

NOTICE OF TRANSFER OF

TOXIC SUBSTANCE CONTROL ACT

SECTION See) CONSENT ORDER

Company (Transferor) 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 ofthe above-referenced chemical substance, which was

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

u.S. EnviroumentaI Protection Agency ("EPA") under the authority of §5(e) ofthe Toxic

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

2. Assumption of Liabilitv. The Successor in Interest hereby certifies that, as ofthe effective date

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

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

be the responsibility ofthe 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

nO.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 ofTSCA and 40 CFR part 2, for the PMN substance(s). Where "reasserts" or "relinquishes" is

indicated, that designation shall be deemed to apply to all such claims. Where "modifies" is

indicated, such modification shall be explained in detail in an attachment to this Notice of

Transfer. Information which has been previously disclosed to the public (e.g., a chemical identity

that was not claimed as cm by the original submitter) would not subsequently be eligible for

confidential treatment under this Notice ofTransfer.

EPA SANITIZED Page 38 of 40
2

TOXIC SUBSTANCE CONTROL ACT

SECTION See) CONSENT ORDER

NOTICE OF TRANSFER

(continued)

Company (Transferor)

Signature ofAuthorized Official

Printed Name ofAuthorized Official

Title ofAuthorized Official

Successor in Interest

Signature ofAuthorized Official

Printed Name of Authorized Official

Title ofAuthorized Official

Address

City, State, Zip Code

PMNNumber

Date

Date

EPA SANITIZED Page 39 of 40
3

TOXIC SUBSTANCE CONTROL ACT

SECTION See) CONSENT ORDER

NOTICE OF TRANSFER

(continued)

Successor's Technical Contact

Address

City, State, Zip Code

Phone

EPA SANITIZED Page 40 of 40