UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF POLLUTION PREVENTION AND TOXICS

REGULATION OF NEW CHEMICAL SUBSTANCE

PENDING DEVELOPMENT OF INFORMATION


### In the matter of:



## [ 1 ) ) ) ) 

### ) ) ) ) ) ) 

### ) ) ) ) ) ) ) 

### ) ) ) ) ) ) ) ) ) Premanufacture Notice Number:

P-09-257

Consent Order and Determinations Supporting Consent Order


# EPA SANITIZED

### 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 Requiredto 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. SuccessorLiability Upon Transfer ofConsent Order VI. Modification and Revocation ofConsent Order VII. Effect ofConsent Order Attachment A - Definitions Attachment B -Notice ofTransfer ofConsent Order111 

## 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 effectupon expiration ofthe PMN review period. The Company submittedthe PMN to EPA pursuantto section 5(a)(I) ofTSCA and 40 CFRPart 720.
Under 

### § 15 ofTSCA, itis unlawful for any person to fail or refuse to comply with any provision of§ 5 or any order issued under § 5. Violators may be subjectto various penalties and to both criminal and civil liability pursuantto 

### § 16, and to specific enforcement and seizure pursuantto § 17. 

### In addition, chemical substances subjectto an Order issuedunder § 5 of TSCA, such as this one, are subjectto the § 12(b) exportnotice requirement.



### II. SUMMARY OF TERMS OF THE ORDER The Consent Order for this PMN substance requires the Company to: I) Submit certaintest databefore either exceeding the specifiedproduction volume or a specified time period; 2) Submit certainphysical-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 anN -100 cartridgeIV 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) Notmanufacture 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 certainrecords.


### 1) CONTENTS OF PMN By signing this Order, the Company represents that it has carefully reviewed this document and hereby agrees that all informationherein that is claimed as confidential by the Company (per section 14 ofTSCA, 40 CFRPart 720 Subpart E, and 40 CFR Part 2) is correctly identified within brackets and that any information that is notbracketed 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 ofauthorized 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:

### v Specific use as:[ ]. Generic use: electric conductive filler to replace conventional material such as carbon black,
or carbon fiber in matrices such as polymerresin for conductive applications. Maximum 12-MonthProduction 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 onthe information currently available to the Agency. Human Health Effects Summary: Absorption is expectedto be poor via all routes based on test data for chemicals with similar molecular structures and chemicals with similarphysical/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 cardiovasculartoxicity when inhaled. The major health concerns are for potential pulmonary toxicity, fibrosis and cancerto workers exposed viathe inhalation route. Occupational ExposureVi 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 viainhalation. In the Occupational Exposure table above the worst case worker inhalation value of0.13 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:VB (a) EPA is unable to determine the potential for human health effects from exposure to the PMN substance. EPA therefore concludes, pursuantto § 5(e)(I)(A)(i) ofTSCA, thatthe information available to the Agency is insufficientto permit a reasoned evaluation ofthe human health effects ofthe PMN substance. (b) In light ofthe potential risk to human health posedby 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) ofTSCA, thatuncontrolled 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 specifiedtime periods orproduction 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 effectuntil the Order is IIlodified orrevoked by EPA based on submission ofthat or other relevant information. EPA encourages the Company to develop additional health effects testing in coordination with othermanufacturers ofcarbon nanotubes. This canbe done underthe in-depth portion ofEPA's Nanoscale Materials Stewardship Program orthrough independenttesting. EPA is willing to facilitate the process in coordination with other ongoing health effects testing for the PMN substances nationally and internationally.viii In addition, the Order will require that the Company provide EPA with a I gram sample ofthe PMN material along with MSDS, upon request.

# 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"), exceptto the extentthat 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 (exceptthe requirements in the Recordkeeping and Successor Liability Upon Transfer OfConsent Order sections) only to the extentthat (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 itselfhas been reacted (cured). (2) Export. Until the Company begins commercial manufacture ofthe PMN substance2
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 CFRPart 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. Atthatpoint, the requirements ofthis Order apply to all activities associated with the PMN substance while in the territory ofthe United States. Priorto leaving U.S. territory, even those quantities or batches ofthe PMN substance that
are destined for export are subject to terms ofthe Order, and counttowards any production volume testtriggers 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, pursuantto any ofthe exemptions in 40 CFR n0.30(h), with no commercial purpose separate from the substance, mixture, or article ofwhich it is apart.4 (c) Automatic Sunset. Ifthe Company has obtained for the PMN substance a TestMarket 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 inthe United States, for any nonexempt commercial purpose, pending the development ofinformation necessary for areasoned 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 thatthe PMN substance present a substantial risk ofinjury to health orthe enviromnentrequired 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 for5 this substance and shall contain a statementthat the substance is subjectto 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 ofStudy 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 PennsylvaniaAvenue, 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 conductthe study; (3) The name and telephone number ofa person at the Company orthe laboratory whom EPA may contact regarding the study; and (4) The appropriate PMN identification number for the substance and a statementthat the substance is subjectto this Consent Order.
(c) Good Laboratory Practice Standards and Test Protocols. Each study required to be performedpursuantto 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 of6 testprotocols, but are notthemselves acceptable protocols. Approval ofthe testprotocol does notmean 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 importvolume 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 reviewperiod. Production/Time Limit [] year(s) and [] month(s) or [ ] kg, whichever comes first Test Guideline Submit test datafor the 90-day OPPTS 870-3465 inhalationtoxicity test with a post-exposure observation period ofup to 3 months, bronchoalveolar lavage fluid (BALF) analysis, aggregation/agglomeration state, shape, size/size particle distribution and. surfaceproperties ofmaterials as-administered, aggregation/agglomeration state, shape, size/size particle distribution and surface properties ofmaterials ofthe delivered materials after administration, determination ofcardiovasculartoxicity, heart histopathology, and data on pulmonary deposition. (2) Physical/chemical Properties. Ifthe Company owns or controls any site inthe United States where the PMN substance is processed orused, the Company must submit7 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 countto determine the amount ofthe material that is respirable and to determine the amount ofmaterial thatis 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 ofManufacturedNanomaterials.
(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 EPAthe results ofany interim phase of each study; and (3) submit, 

### in triplicate (with an additional sanitized 90PY, ifconfidential business information is involved), the final report ofeach study and all underlying data ("the report and data") to EPA no later than 14 weeks priorto 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 "TestReport" subparagraphs in the applicable test guidelines. However, forpurposes ofthis Consent Order, the word "should" in those subparagraphs shall be interpreted to mean "shall" to make clearthat the submission ofsuch information is mandatory. EPA will notrequire the8 submission ofraw data such as slides and laboratory notebooks unless ifEPA finds, on the basis ofprofessionaljudgment, that an adequate evaluation ofthe study cannottake place in the absence ofthese items.
(f) Testing Waivers. The Company is notrequired to conduct a study specified in paragraph (d) ofthis Testing section ifnotified in writing by EPA that it is unnecessary to conductthat study.
(g) Equivocal Data. IfEPA finds thatthe data generated by a study are scientifically equivocal, the Company may continue to manufacture and importthe PMN substance beyondthe applicable production limit. To seekrelieffrom any other restrictions ofthis Order, the Company may make a second attemptto obtain unequivocal databy reconducting the study underthe 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 ofEPA and the Company.
(h) EPA Determination ofInvalid Data. (1) Except as described in subparagraph (h)(2), if, within 6 weeks ofEPA's receipt ofa testreport 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 importthe 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).9 (i) The Company may reconduct the study in compliance with paragraphs (b), (c), and (e)(1) and (2). Ifthere is sufficienttime to reconduct the study and submitthe 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 insufficienttime for the Company to comply with subparagraph (f)(3), the Company may exceed the production limit and shall submitthe 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), submitto EPA a written reportrefuting 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 dataunder 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 submitto 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 orhave caused developmentofscientifically 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:10 (i) allowthe Company to continue to manufacture and importthe PMN substance beyondthe applicable production limit, or (ii) require the Company to continue to conduct, orto reconduct, the study in compliance with paragraphs (b), (c), and (e)(l) and (2). Ifthere is sufficienttime to conduct or reconductthe study and submitthe 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 insufficienttime 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 specifiedby 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 whetherthe 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 thatthe 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 ofinjuryto human health orthe environment. EPA's notice may specify thatthe 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:

### 11 (2) within 2 weeks from receipt ofthe notice described in subparagraph 0)(1), the Company complies with suchrequirements 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 writtenreport refuting EPA's fmding and/orthe 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 Orderpending EPA's response to the Company's writtenreport. EPA will respond to the Company, in writing, within 4 weeks ofreceiving the Company's report. Within 2 weeks of receipt ofEPA'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 ofany other conditions in this Testing section, the Company must continue to obey all the terms ofthis Consent Orderuntil 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 Orderpursuantto Part VI ofthis Consent Order.

PROTECTION IN THE WORKPLACE (a) Establishment ofProgram. During manufacturing, processing, and use ofthe PMN substance at any site controlled by the Company (including any associatedpackaging and storage and during any cleaning ormaintenance ofequipment associated with the PMN substance), the Company must establish aprogramwhereby:12
(1) General Dermal Protection. Eachperson who is reasonably likely to be dermally exposed in the work areato the PMN substance through direct handling ofthe substance or through contactwith equipment on which the substance may exist, orbecause the substance become airborne in a form listed in subparagraph (a)(5) ofthis section, is provided with, and is required to wear, personal protective equipmentthatprovides abarrierto prevent dermal exposure to the substance in the specific work area where the substance are selected for use. Each such item ofpersonal 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 requiredby 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 ofchemical protective clothing selected, including gloves, provides an impervious barrierto prevent dermal exposure during normal and expected duration and conditions ofexposure within the work areaby 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 establishthatthe protective clothing will be impervious for the expected duration and conditions ofexposure. The testing must subjectthe chemical protective clothing to the expected conditions ofexposure, including the likely combinations ofchemical substance to which the clothing may be exposed in the work area.13 Permeationtesting 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 Documentingthe Results ofChemical Permeation Testing on Protective Clothing Materials." Gloves may notbe used for a time period longerthan they are actually tested and must be replaced atthe end ofeach work shift during which they are exposedto 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 establishthatthe 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. Eachperson who is reasonably likelyto be exposedby inhalation in the work areato 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 CFRPart 84. All respirators mustbe issued, used, and maintained according to an appropriate respiratory protectionprogram underthe OSHA requirements in 29 CFR 1910.134. (5) Physical States. The following physical states ofairborne chemical substance are listed for subparagraphs (a)(l) and (4) ofthis section:14 (i) Particulate (including solids or liquid droplets). (6) Authorized Respirators. The following NIOSH-certified respirators meetthe minimum requirements for subparagraph (a)(4) ofthis section: NIOSH-certified airpurifying, tight-fitting full-face respirator equipped withNI00 cartridges.

MANUFACTURING (a)(1) Prohibition. The Company shall not cause, encourage, or suggestthe manufacture or import ofthe PMN substance by any otherperson. (2) Sunset Following SNUR. Subparagraph (a)(1) shall expire 75 days afterpromulgation of
a final significantnew use rule ("SNUR") governing the PMN substance under section 5(a)(2) of TSCA unless the Company is notified on orbefore that day ofan action in a Federal Court seekingjudicial 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 beenresolved and the validity ofthe SNUR affirmed. (3) Notice ofSNUR. 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 eachperson whom it causes, encourages or suggests to manufacture or importthe PMN substance ofthe existence ofthe SNUR.
(b) Prohibited Uses. The Company shall not: (i) importthe PMN substance for use otherthan 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.15

PROCESSING AND USE The Company shall notprocess or use the PMN substance other than as: [ ].

DISTRIBUTION (a) ExportNotice Requirement. No laterthan the date ofdistribution, the Company shall notify in writing any person to whom it distributes the PMN substance that, due to the issuance ofthis Consent Orderunder section 5(e) ofTSCA, the PMN substance is subjectto the export notification requirements ofTSCA section 12(b) and 40 CFRPart 707 SubpartD. 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 polymermatrix thathas been completely reacted (cured), the Company shall distribute the PMN substance outside the Company, otherthan for disposal, only to a person who has agreed in writing priorto the date ofdistribution, 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) ofTSCA, the PMN substance is subject to the exportnotification requirements ofTSCA section 12(b) and 40 CFR Part 707 Subpart D. Such notice shall contain, in the form in which it appears inthis Consent Order, the following16 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 otherperson, 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) Notprocess oruse the PMN substance otherthan 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), exportnotice 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 transportand storage in sealed containers providedthe following two conditions are met: (1) Subsequentto any such exempttemporary 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 agreementrequired by paragraph (b). (2) Any human exposure or environmental release resulting from opening the sealed containers and removing or washing outthe PMN substance may occur only while the PMN substance are in the possession and control ofthe Company or aperson who has given the17 Company the written agreementrequired by paragraph (b).
(d) RecipientNon-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) Thatthe Company has, within 5 working days, notified the recipient in writing that the recipienthas failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in a significantnew use ofthe PMN substance without submitting a significant new use notice to EPA. (2) That, within 15 working days ofnotifying the recipient ofthe noncompliance, the Company received from the recipient, in writing, a statement ofassurance that the recipient is
aware ofthe terms ofparagraph (b) ofthis Distribution section and will comply with those terms,
or is aware ofthe terms ofthe significantnew 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, afterreceiving a statement ofassurance from a recipientunder subparagraph (d)(2) ofthis Distribution section, the Company obtains knowledge that the recipienthas failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in
a significant new use ofthe PMN substance without submitting a significant newuse notice to EPA, the Company shall cease supplying the PMN substance to that recipient, shall notify EPA of18 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 ofa final SNURfor the PMN substance under section 5(a)(2) of TSCA, unless the Company is notified on orbefore that day ofan action in a Federal Court seekingjudicial 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 SNURhave beenresolved 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 mustbe 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 eitherthe Federal Register orthe Code ofFederal Regnlations. Afterpromulgation ofa SNUR and expiration ofsubparagraph (b)(i)(2), such notice may substitute for the written agreementrequired in the introductory clause ofparagraph (b); so that, if the Company provides such notice to the persons to whom it distributes the PMN substance, then the Company is notrequired to obtain from such persons the written agreement specified in paragraph (b).19 RELEASE TO WATER The Company is prohibited from any predictable orpurposeful 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 afterthe date they
are created and shall make them available for inspection and copying by EPA in accordance with section 11 ofTSCA: (1) Exemptions. Records documenting thatthe PMN substance did in fact qualify for any
one ormore ofthe exemptions described in Section I, Paragraph (b) ofthis Order. Such records must satisfy all the statutory and regulatory recordkeeping requirements applicable to the exemptionbeing claimed by the Company. Any amounts orbatches 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 claimedto 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,

### 20 butis exempt from the otherrecordkeeping requirements inthis Recordkeeping section; (2) Records documenting the manufacture and importation volume ofthe PMN substance and the corresponding dates ofmanufacture and import; (3) Records documenting the names and addresses (including shipment destination address, ifdifferent) ofall persons outside the site ofmanufacture or import to whom the Company directly sells ortransfers the PMN substance, the date ofeach sale ortransfer, and the quantity of the substance sold ortransferred on such date; (4) Records documenting the addresses ofall sites ofmanufacture, import, processing, and use; (5) Records documenting establishment and implementation ofaprogram for the use of any applicable personal protective equipmentrequired pursuantto the Protection inthe Workplace section ofthis Order; (6) Records documenting the determinations requiredby the Protection in the Workplace section ofthis Orderthat 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 agreementto comply with the Distribution section of this Order; (8) Copies ofany Transfer Documents and notices required by the Successor Liability section ofthis Order, ifapplicable; and (9) The Company shall keep a copy ofthis Order ateach ofits sites where the PMN substance are manufactured ofimported.21 (a) Applicability. Theprovisions ofthis Recordkeeping Section are applicable only to activities ofthe Company and its Contract Manufacturer, ifapplicable, and notto activities ofthe Company's customers.
(b) OMB Control Number. Underthe PaperworkReduction 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 numberfrom 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 FORPRE-INSPECTION INFORMATION (a) EPA's Requestfor Information. Pursuantto 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 informationpertinentto the scheduling and conduct ofsuch inspections. Such requests may be written or oral. The types ofinformation thatEPA may request may include, but are not limitedto, the following: (i) Expected dates and times when the PMN substance will be in productionwithin the subsequent 12 months; (ii) Currentworkshift schedules for workers who are involved in activities associated with the PMN substance and may reasonably be exposedto the PMN substance; (iii) Currentjob titles or categories for workers who are involved in activities associated22 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 thatpurpose.
(b) Company's Response. The Company shall respond to suchrequests within areasonable period oftime, but in no event laterthan 30 days afterreceiving EPA's request. When requested in writing by EPA, the Company's response shall be in writing. To the extentthe information is known to or reasonably ascertainable to the Company at the time ofthe request, the Company's response shall demonstrate a good faith effortto provide reasonablyaccurate and detailed answers to all ofEPA's requests.
(c) Confidential Business Information. Any Confidential Business Information ("CEl") that the Company submits to EPA pursuantto paragraph (b) shall be protected in accordance with 

### §14 of TSCA and 40 CFR Part 2.

V. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedures by which the Company's rights and obligations under this Ordermay be transferred when the Company transfers its interests in the PMN substance, including the right to manufacture the PMN substance, to anotherperson outside the Company (the "Successor in Interest").23
(b) Relation ofTransfer 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 ofcommencement ofmanufacture or import ("NOC") for the PMN substance from the Company pursuantto 40 CFR nO.102, the Successorin Interestmust submit
new PMNs to EPA and comply fully with Section 5(a)(l) ofTSCA and 40 CFRpart

# no before commencing manufacture or import ofthe PMN substance. (2) AfterNOC. Ifthe transfer from the Company to the Successor in Interest is effective afterEPA receives aNOC, the Successor 

### in Interest shall comply with the tenns ofthis Order and shall not be required to submitnew PMNs to EPA.
(c) Definitions. The following definitions apply to this SuccessorLiability 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 manufacturethe PMN substance, including all ownership rights and legal liabilities, through atransfer 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 Successorin Interestmustbe 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.24
(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 ofTransfer" 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, submitthe fully executedNotice ofTransferdocumentto: U.S. Environmental Protection Agency, New Chemicals Branch (7405), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460. (3) Transfer Document. Copies ofthe TransferDocumentmust be maintainedby the Successor in Interest at its principal place ofbusiness, and at all sites where the PMN substance are manufactured or imported. Copies ofthe Transfer Documentmust also be made available for inspectionpursuantto Section II ofTSCA, must state the effective date oftransfer, and must containprovisions which expressly transfer liability forthe PMN substance underthe 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 Orderuntil 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 prohibitthe Agency from taking25 enforcement action againstthe Company afterthe 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 pursuantto the terms ofthis Consent Order.
(f) Obligations to Submit Test Dataunder Consent Order. Ifparagraph (d) ofthe Testing section ofthis Consent Order requires the Company to submittest datato EPA at a specifiedproduction volume ("test trigger"), the aggregate volume ofthe PMN substance manufactured and imported by the Company up to the date oftransfer shall counttowards the testtrigger applicable to the Successor in Interest.

### 26 VI. MODIFICATION AND REVOCATION OF CONSENT ORDER The Company may petitionEPA at any time, based upon new information on the health effects of, or human exposure to, the PMN substance, to modify orrevoke 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 whetherto amend orrevoke this Order, EPA will consider all relevant information available atthe 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 ofnewtest data or other information or analysis, and any other relevant information. EPA will issue a modification orrevocation ifEPA determines thatthe activities proposed therein will notpresent an unreasonable risk ofinjury to health or the environment and will not result in significant or substantial human exposure or substantial environmental release in the absence ofdata sufficientto permit areasoned evaluation ofthe health orenvironmental effects of the PMN substance. In addition, the Company may petitionEPA at any time to make other modifications to the language ofthis Order. EPA will issue such a modification ifEPA determines thatthe modification is useful, appropriate, and consistent with the structure and intent ofthis Order as issued.

### 26 VII. EFFECT OF CONSENT ORDER 

### By consenting to the entry ofthis Order, the Company waives its rights to file objections to this Orderpursuantto section 5(e)(l)(C) ofTSCA, to receive service ofthis Orderno laterthan 45 days beforethe end ofthereview periodpursuantto section5(e)(I)(B) ofTSCA, and to challenge the validity ofthis Order in any subsequent action. Consenting to the entry ofthis Order, and agreeing to be boundby its terms, do not constitute an admissionbythe Company as to the facts or conclusions underlying the Agency's determinations in this proceeding. This waiver does not affectany otherrights thatthe Companymayhave under TSCA. By signing this Order, the Companyrepresents thatithas carefullyreviewedthis document andhereby agrees that all information hereinthat is claimed as confidential by the Company(per section 14 ofTSCA, 40 CFR

### Part 720 SubpartE, and 40 CFRPart

### 2) is correctlyidentifiedwithin brackets andthat any informationthat is notbracketed is notclaimed as confidential. Tomake this document available for publicviewing, EPA will remove onlyihe information containedwiihin the brackets.

# 1·~o Date Jim Will",
. ec Chemic C trol Division Office 0 

### llutionPrevention and Toxics 

# ¢twt Da Name: 

# r Title: • Company: [ ] 

### ] 

# EPA SANITIZED.ATTACHMENT A DEFINITIONS 

### [Note: The attachedOrdermay notcontain some of the terms definedbelow.] "Chemical name" means the scientific designation ofa chemical substance in accordance with the nomenclature system developed by the International Union ofPure and Applied Chemistry orthe Chemical Abstracts Service's rules ofnomenclature, or a name which will clearly identify a chemical substance for the purpose ofconducting a hazard evaluation. "Chemicalprotective clothing" means items ofclothing thatprovide a protective barrierto prevent dermal contactwith chemical substance ofconcern. Examples can include, but are not limited to: full body protective clothing, boots, coveralls, gloves,jackets, and pants. "Company" means the person orpersons subject to this Order. "Commercial use" means the use ofa 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 orpainting 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 permanentortemporary household orresidence, during recreation, or for any personal use or enjoyment. "Consumerproduct" means a chemical substance that is directly, or as part ofa mixture, sold or made available to consumers for their use in or around a permanent ortemporary household orresidence, in or around a school, or in recreation. "Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, orthe like that contains a hazardous chemical. Forpurposes ofthis section, pipes orpiping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. "ContractManufacturer" 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" ofa person ifit is under2 the control of, and used only by, the person who transferred it from a labeled container and will only be used by thatperson 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 ormechanical degradation, permeation, orpenetration ofthe chemicalprotective clothing underthe conditions of, and the duration of, exposure. "Manufacturing stream" means all reasonably anticipated transfer, flow, or disposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations ofmanufacture, including the cleaning ofequipment. "MSDS" means material safety data sheet, the written listing ofdatafor the chemical substance. "NIOSH" means the National Institute for Occupational Safety and Health ofthe U.S. Department ofHealth and Human Services. "Non-enclosedprocess" means any equipment system (such as an open-top reactor, storage tank, ormixing vessel) in which a chemical substance is manufactured, processed, or otherwise used where significant direct contact ofthe bulk chemical substance and the workplace airmay occur. "Non-industrial use" means use otherthan at a facility where chemical substance or mixtures are manufactured, imported, or processed. "PMN substance" means the chemical substance described in the Premanufacture notice submittedby the Company relevantto this Order. "Personal protective equipment" means any chemical protective Clothing or device placed on the body to prevent contactwith, 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 ofa chemical substance, regardless ofphysical state or concentration, through all intended operations of processing, including the cleaning ofequipment. "Scientifically invalid" means any significant departure from the EPA-approvedprotocol orthe Good Laboratory Practice Standards at 40 CFR Part 792 withoutprior or subsequentAgency approval thatprevents areasoned evaluation ofthe health or environmental effects ofthe PMN substance. "Scientifically equivocal data" means data which, although developed in apparent3 conformity with the Good Laboratory Practice Standards and EPA-approvedprotocols, are inconclusive, internally inconsistent, or otherwise insufficientto permit a reasoned evaluation of the potential risk ofinjury to human health orthe environment ofthe PMN substance. "Sealed container" means a closed containerthat 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 ofa chemical substance, regardless ofphysical state or concentration, through all intended operations of industrial, commercial, or consumeruse. "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, orused and where employees are present. "Workplace" means an establishment at one geographic location containing one ormore work areas.ATTACHMENT B NOTICE OF TRANSFER OF TOXIC SUBSTANCE CONTROL ACT SECTION See) CONSENT ORDER
Company (Transferor) PMNNumber 1. Transfer ofManufacture Rights. Effective on , the Company did sell or otherwise transferto , ("Successor in Interest") the rights and liabilities associated with manufacture ofthe above-referenced chemical substance, which was the subject ofapremanufacture 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 ofLiabilitv. The Successorin Interesthereby 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. Successorin 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, pursuantto Section 14 ofTSCA and 40 CFRpart 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 attachmentto this Notice of Transfer. Information which has beenpreviously 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 treatmentunderthis Notice ofTransfer.2

TOXIC SUBSTANCE CONTROL ACT SECTION See) CONSENT ORDER NOTICE OF TRANSFER (continued)
Company (Transferor)

Signature ofAuthorized Official
PrintedName ofAuthorized Official
Title ofAuthorized Official

Successor in Interest
Signature ofAuthorizedOfficial
PrintedName ofAuthorized Official
Title ofAuthorized Official
Address City, State, Zip Code PMNNumber

Date

Date3



### TOXIC SUBSTANCE CONTROL ACT SECTION See) CONSENT ORDER NOTICE OF TRANSFER (continued)

Successor's Technical Contact
Address City, State, Zip Code


### Phone