# Support Documents for Significant New Use Rules (SNUR) on Premanufacture Notices (PMN) P-10-358

EPA Docket EPA-HQ-OPPT-2012-0182

# Index A-001 Structure Activity Team (SAT) Report for PMN P-10-358 A-002 Initial Review Engineering Report for PMN P-10-358 A-003 Initial Review Exposure Report for PMN P-10-358 A-004 TSCA Section 5(e) Consent Order and Determinations Supporting Consent Order for PMN P-10-358

# A-001 Structure Activity Team (SAT) Report for PMN P-10-358SAT ReportPMN Number:P-10-0358SAT Date:5/7/2010Print Date:12/7/2011Related cases:CBI:YesHealth related cases:Ecotox related cases:Concern levels:Type of Concern:HealthEcoCommentsLevel of Concern:2-32PersistenceBioaccumToxicityComments3 12Exposure Based Review:Health:Ecotox:NoRoutes of exposure:Health:Dermal Drinking Water InhalationEcotox:All releases to waterFate:;P2Rec Comments:Comment:P2REC: SAT: Do not forward. Whileis desirable, the PMN substance still hasa very low NOAEL of 5 mg/kg in a rat 28-day oral study.Keywords:Keywords:BLOOD; LYMPH;NEURO; MUTA; ACUTE-EYE; SENS-S; IMMUNOTOX (UNCERT); AQUATOXSummary of Assessment:Fate:Fate Summary:FATE: Estimations forlog Kow = -0.13 (E)log Koc = 2.94 (E)log Fish BCF = 0.50 (E)log Fish BAF = -0.04 (E)H < 1.00E-8 (E)POTW removal (%) =90 via sorption; OECD 301B (CO2 Ev): 2.3%/28d.NRB. OECD 111: t1/2(ph 4,7,9): >1 yr,6.8 da,<1 da.Time for complete ultimate aerobic biodeg > moSorption to soils/sediments = v.strongPBT Potential: P3B1*CEB FATE: Migration to ground water = neglHealth:Health Summary:Expect poor absorption via all routes (pchem). Concern for blood and lymph system toxicity;neurotoxicity; mutagenicity; acute toxicity (eye and oral); and dermal sensitization. Uncertain concern for immunotoxicity for(8.5% of PMN substance) at high doses.Test Data:(-) Salmonella with and without activation; (-) oral mouse micronucleus assay; (+)chromosome aberrations in human lymphocytes without activation after 20 hour exposure but not after 17 hour exposure; female ratoral LD50 >200 mg/kg <300 mg/kg; rat dermal LD0 =2000 mg/kg; no eye irritation in surviving rabbits, however 2/4 animals diedwithin 1 hour of treatment; no skin irritation in rabbits; Mice died in the first local lymph node assay (Solvent; DMF, a penetrationenhancer) 1 @ 25% after 1 application, 1 @ 5%, 2 @ 20%, and 4 @ 25% after 2 applications; (+) for skin sensitization in a mouselocal lymph node assay at 0.25, 0.5 and 1% ai (solvent: DMF); no skin sensitization in guinea pigs using the Buehler assay with50%ai in water; rat 28-day oral NOEL = 5 mg/kg, signs of neurotoxicity, and blood and lymph system toxicity at 50 and 500 mg/kg; rat7-day range finding NOEL = 100 mg/kg, at 1000 mg/kg 3/4 died and the fourth was killed in extremis: In the eye irritation study 2/4 rabbits diedEcotox:TestOrganismTestTypeTest EndPointPredictedMeasuredCommentsfish96-hLC50>1000>100daphnid48-hLC5023023.7green algal96-hEC50965.15for biomass; ErC50=29.4fish_chronic value>100daphnid_chronicvalue20algal_chronicvalue26SewageSludge3-hEC50_>10003hrEC20=264; 3hrEC15(NOEC)=174SewageSludge_ChronicValue_Ecotox Values Comments:Predictions are based on SARs for; SAR chemical class =; MW 660;pH7; effective concentrations based on 100% active ingredients and mean measuredconcentrations; hardness <180.0 mg/L as CaCO3; and TOC <2.0 mg/L;Ecotoxicity studies accompanied this PMN. The studies were evaluated for validity and derivation of a concern concentration.Conclusions are quoted below. Complete details are provided in the attached spreadsheet (Ecotox Report).All tests are considered valid. The fish toxicity test showed no effects at a concentration of 100 mg/L. Daphnia exhibited a48-hourEC50 of 24 mg/L. In the respiratory inhibition test, the highest concentration of 1000 mg/L caused less than 50% inhibition (asmeasured by oxygen consumption) so the effective concentration that caused 20% inhibition (EC20) was calculated instead. Thisvalue was 265 mg/L. The EC15 is defined as the NOEC by OECD guideline 209 and was 174 mg/L with 95% CL's from 96-249mg/L. The most sensitive species was algae where the 72-hour EbC50 was 5.15 mg/L for inhibition of biomass. A concernconcentration (CC) is derived from this value by dividing 5.15 mg/L by an acute to chronic ratio of 4 to simulate a chronic value andthen dividing again by an assessment (uncertainty) factor of 10, yielding a CC of 129 mg/l (ppb). The PMN is moderately toxic.FactorsValuesCommentsAssessment Factor10Concentration of Concern (ppb)129from algae studySARsSAR ClassEcotox CategoryEcotox Factors Comments:SAT Chair:L Keifer 564-8916

# A-002 Initial Review Engineering Report for PMN P-10-358INITIAL REVIEW ENGINEERING REPORT PMN: 10-0358 Focus Ready Draft 5/13/2010 ENGINEER: Avcin \ AH PV (kg/yr):

SUBMITTER: USE:

OTHER USES:

CRSS : Chemical Name:

Consumer Use: Page 1SAT (concerns) (01/15/2010): Migration to groundwater: Negligible PBT rating: P3B1T2 Health: 2-3 Dermal, Drinking Water, Inhalation Eco: 2 Water (All releases to water with a CC = 129 ppb), All releases to Water OCCUPATIONAL EXPOSURE RATING: 1-2C NOTES & KEY ASSUMPTIONS: Generated by the 06/07/2005 version of ChemSTEER.

POLLUTION PREVENTION CONSIDERATIONS: P2 Claim:

Page 2EXPOSURE-BASED REVIEW: No INITIAL REVIEW ENGINEERING REPORT PMN: 10-0358

Number of Sites/ Location: 1 unknown site in Franklin PA Days/yr: 16

Process Description:

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY IRER Note: The daily releases listed for any source below may coincide with daily releases from the other sources to the same medium. Water or Incineration or Landfill High End: 3.8E-1 kg/site-day over 16 days/yr from 1 site or 6.1E+0 kg/yr to: from:

RELEASE TOTAL 6.1E+0 kg/yr - all sites

OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY Tot. # of workers exposed via assessed routes: 3

Inhalation: negligible (VP < 0.001 torr)

Dermal: Exposure to Liquid at 1.00% concentration High End: 1.8E+1 mg/day over 16 days/yr Number of workers (all sites) with dermal exposure: 3

INITIAL REVIEW ENGINEERING REPORT PMN: 10-0358 Processing: Page 3Number of Sites/ Location: 15 unknown sites Days/yr: 52

Process Description:

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY IRER Note: The daily releases listed for any source below may coincide with daily releases from the other sources to the same medium. Submitter has no information on the method of waste disposal; CEB assesses potential release to uncertain media. Note incineration release < 28,000 kg/site-day and release to land is not required per SAT. Water or Incineration or Landfill Conservative: 7.7E-2 kg/site-day over 52 days/yr from 15 sites or 6.0E+1 kg/yr

Water or Incineration or Landfill High End: 1.2E-1 kg/site-day over 52 days/yr from 15 sites or 9.0E+1 kg/yr

RELEASE TOTAL 1.5E+2 kg/yr - all sites

OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY Tot. # of workers exposed via assessed routes: 45

Inhalation: negligible (VP < 0.001 torr)

Dermal: Exposure to Liquid at 1.00% concentration High End: 1.8E+1 mg/day over 52 days/yr Number of workers (all sites) with dermal exposure: 45

INITIAL REVIEW ENGINEERING REPORT PMN: 10-0358 Page 4Use: Number of Sites/ Location: 18 unknown sites Days/yr: 250

Process Description:

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY IRER Note: The daily releases listed for any source below may coincide with daily releases from the other sources to the same medium. Releases from container and equipment cleaning assessed to uncertain media; consistent with similar use past case P08-0208. Water or Incineration or Landfill High End: 3.0E-3 kg/site-day over 250 days/yr from 18 sites or 1.4E+1 kg/yr

Water or Incineration or Landfill Conservative: 5.0E-3 kg/site-day over 250 days/yr from 18 sites or 2.2E+1 kg/yr

RELEASE TOTAL 3.6E+1 kg/yr - all sites

OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY Tot. # of workers exposed via assessed routes: 54

Inhalation: Exposure to Particulate (Class I) Upper Bound: 1.5E-2 mg/day over 250 days/yr Number of workers (all sites) with inhalation exposure: 54

Page 5INHALATION MONITORING DATA REVIEW 1) Uncertainty (estimate based on model, regulatory limit or data not specific to industry): Yes 2)a) Exposure level > 1 mg/day? No OR b) Hazard Rating for health of 2 or greater? 2-3 Yes Inhalation Monitoring Data Desired? Yes (both criteria met) Dermal: Exposure to Liquid at 0.01% concentration High End: 1.8E-1 mg/day over 250 days/yr Number of workers (all sites) with dermal exposure: 54

INITIAL REVIEW ENGINEERING REPORT PMN: 10-0358 Use 2: Number of Sites/ Location: 6 unknown sites Days/yr: 235

Process Description:

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY IRER Note: The daily releases listed for any source below may coincide with daily releases from the other sources to the same medium. Water Output 2: 3.8E-2 kg/site-day over 235 days/yr from 6 sites

Water or Incineration or Landfill High End: 3.2E-3 kg/site-day over 235 days/yr from 6 sites or 4.5E+0 kg/yr

Page 6Water or Incineration or Landfill Conservative: 1.1E-2 kg/site-day over 235 days/yr from 6 sites or 1.5E+1 kg/yr

Air Output 2: 1.6E-2 kg/site-day over 235 days/yr from 6 sites

Landfill Output 2: 3.4E-1 kg/site-day over 235 days/yr from 6 sites or 4.9E+2 kg/yr

RELEASE TOTAL 5.8E+2 kg/yr - all sites

OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY Tot. # of workers exposed via assessed routes: 102

Inhalation: Exposure to Mist (non-volatile) (Class I) What-If: 9.2E-3 mg/day over 235 days/yr Number of workers (all sites) with inhalation exposure:

INHALATION MONITORING DATA REVIEW 1) Uncertainty (estimate based on model, regulatory limit or data not specific to industry): Yes 2)a) Exposure level > 1 mg/day? No OR b) Hazard Rating for health of 2 or greater? 2-3 Yes Inhalation Monitoring Data Desired? Yes (both criteria met) Dermal: Exposure to Liquid at 0.01% concentration High End: 1.8E-1 mg/day over 235 days/yr Number of workers (all sites) with dermal exposure: 102

 Page 7MEMORANDUM of CBI TELEPHONE CONVERSATION CALL BY: Ariel Hou Organization: ERG CALL TO: Joseph Plamondon Organization: Date: 01/19/2010 Time: 11:30AM Phone: Concerning what TSCA CBI? PMN: 10-0358

MEMORANDUM of CBI TELEPHONE CONVERSATION CALL BY: Joe Avcin Organization: EPA CALL TO: Joseph Plamondon Organization: Date: 03/01/2010 Time: Page 8Phone: 520-572-3948 Concerning what TSCA CBI? PMN: 10-0358

Page 9

# A-003 Initial Review Exposure Report for PMN P-10-3587/27/10 Page 1 of 33



### POST FOCUS EXPOSURE REPORT Chemical ID: P-10-0358 Reviewer:

Results Table: Dose, Concentration, and Days Exceeded Results Summary

Exposure Scenario 1 Water Landfill Stack Air Fugitive Air Drinking Water Fish Ingestion ADR LADD ADR LADD 7Q10 4 CC = 129 PDM Days Exceede d LADD ADR LADD ADR LADD

Release activity(ies) 2 ; exposure calculation(s) 3 mg/kg/day mg/kg/day mg/kg/day mg/kg/day μg/l # Days mg/kg/day mg/kg/day mg/kg/day mg/kg/day mg/kg/day

Repackaging: Max ADR: max acute eco 3.02E-05 --- 5 .35E-07 --- 5.50E-01 --- --- --- --- --- --- Repackaging: Max LADD --- 3 .22E-08 --- 4 .36E-10 --- --- --- --- --- --- ---

PROC: Max ADR: max acute eco 4.28E-04 --- 1 .03E-05 --- 8.78E+00 --- --- --- --- --- ---

PROC: PDM1 --- --- --- --- 8.78E+00 0 --- --- --- --- --- PROC: Max LADD --- 2 .01E-06 --- 2 .72E-08 --- --- --- --- --- --- --- USE1: Max ADR: max acute eco 3.45E-05 --- 4 .09E-07 --- 7.50E-01 --- --- --- --- --- ---

USE1: PDM1 --- --- --- --- 7.50E-01 0 --- --- --- --- --- USE1: Max LADD --- 3 .85E-07 --- 5 .21E-09 --- --- --- --- --- --- --- USE2: Max ADR: max acute eco 5.01E-05 --- 2 .13E-06 --- 1.04E+00 --- --- --- --- --- ---

USE2: PDM1 --- --- --- --- 1.04E+00 0 --- --- --- --- --- USE2: Max LADD --- 1 .99E-06 --- 2 .69E-08 --- --- --- --- --- --- --- 1 Exposure scenario titles consist of release activity followed by exposure calculation abbreviation. 2 Release activities are from engineering report's Manufact uring (Mfg), Processing (Proc) and Use release activity labels. Multiple release activities are combined in one exposu re scenario if their releases occur at same location. 3 Exposure calculations are Acute Dose Rate (ADR), Lifetime Average Daily Dose (LADD), and Probabilistic Dilution Model (PDM). There may be one, two, or all three exposure calculations per exposure scenario. CC is the aquatic concentration of concern. 4 This column displays concentration values for the 7Q10 streamflow, which is defined as the average daily streamflow of the seven consecutive days of lowest flow within a ten year period.7/27/10 Page 2 of 33


### Results Table: Consumer Exposure Results Summary

Water (DtD) Dermal Inhalation Drinking Water Fish Ingestion ADR LADD ADR LADD 7Q10 PDM Days Exceede d ADR LADD ADR LADD

Scenario mg/kg/da y mg/kg/da y mg/kg/da y mg/kg/da y μg/l # Days mg/kg/d ay mg/kg/d ay mg/kg/d ay mg/kg/da y CEM 2
, --- --- --- --- --- --- --- --- 1 .39E-04 1.60E-07 CEM 2
, --- --- --- --- --- --- 5.13E-03 8. 25E-06 4.98E-05 1.25E-06

1 Down-the-Drain Module within NCEM2 model. 2 Consumer Exposure Module within NCEM2 model.7/27/10 Page 3 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor: ENVIRONMENTAL RELEASES Scenario#:1 Number of Release Sites: 1. Release Activity: Repackaging: Max ADR Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 19.20 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 16.00 0.00/0.00 N/A N/A Per Site Release: 1. 20 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 4 of 33

POST FOCUS EXPOSURE REPORT Chemical ID: P-10-0358 SITE-SPECIFIC HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO NUMBER:1 RELEASE AC TIVITY: Repackaging: Max ADR FACILITY NAME: FACILITY LOCATION: FRANKLIN PA 16323 RECEIVING WATER NAME: FRENCH CR REACH NUMBER: 05010004001 FACILITY ON REACH: No DISCHARGE TYPE: Direct NPDES PERMIT #: PA0002038 EXPOSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90. 16. 1.2 0.12 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER FLOW DESCRIPTOR Harmonic Mean 30Q5 7Q10 1Q10 PLANT FLOW (MLD) 1274.52 332.11 217.08 177.34 NA CONCENTRATION ( μ g/L) 9.42E-02 0.36 0.55 0.68 NA

DRINKING WATER INGESTION AND FISH INGESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion Units Cancer LADD pot 3.22E-08 mg/kg/day 4.36E-10 mg/kg/day LADC pot 1.65E-06 mg/L 5.22E-06 mg/kg Acute ADR pot 3.02E-05 mg/kg/day 5.35E-07 mg/kg/day

Surface Water Comments:7/27/10 Page 5 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor ENVIRONMENTAL RELEASES Scenario#:2 Number of Release Sites: 1. Release Activity: Repackaging: Max LADD Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 19.20 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 1.00 0.00/0.00 N/A N/A Per Site Release: 19 .20 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 6 of 33

POST FOCUS EXPOSURE REPORT Chemical ID: P-10-0358 SITE-SPECIFIC HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO NUMBER:2 RELEASE ACTI VITY: Repackaging: Max LADD FACILITY NAME: FACILITY LOCATION: FRANKLIN PA 16323 RECEIVING WATER NAME: FRENCH CR REACH NUMBER: 05010004001 FACILITY ON REACH: No DISCHARGE TYPE: Direct NPDES PERMIT #: PA0002038 EXPOSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90. 1. 19.2 1.92 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER FLOW DESCRIPTOR Harmonic Mean 30Q5 7Q10 1Q10 PLANT FLOW (MLD) 1274.52 332.11 217.08 177.34 NA CONCENTRATION ( μ g/L) N/A N/A N/A N/A NA

DRINKING WATER INGESTION AND FISH INGESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion Units Cancer LADD pot 3.22E-08 mg/kg/day 4.36E-10 mg/kg/day LADC pot 1.65E-06 mg/L 5.22E-06 mg/kg Acute ADR pot N/A mg/kg/day N/A mg/kg/day

Surface Water Comments:7/27/10 Page 7 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor: ENVIRONMENTAL RELEASES Scenario#:3 Number of Release Sites: 15. Release Activity: PROC: Max ADR Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 499.20 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 52.00 0.00/0.00 N/A N/A Per Site Release: 0. 64 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 8 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 3 Number of Site s: 15 RELEASE ACTIVITY:PROC: Max ADR SIC-CODE DESCRIPTION: SIC-CODE (S) EX POSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 52. 0.64 6.40E-02 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 216.47 60.31 37.13 30.71 0.30 1.06 1.72 2.08 ALL 10 35.44 12.51 7.29 6.10 1.81 5.12 8.78 10.49

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 3.29E-07 2.01E-06 mg/kg/day 4.45E-09 2.72E-08 mg/kg/day LADC pot 1.68E-05 1.03E-04 mg/L 5.32E-05 3.25E-04 mg/kg Acute ADR pot 8.87E-05 4.28E-04 mg/kg/day 1.68E-06 1.03E-05 mg/kg/day7/27/10 Page 9 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor ENVIRONMENTAL RELEASES Scenario#:4 Number of Release Sites: 15. Release Activity: PROC: PDM1 Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 499.20 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 52.00 0.00/0.00 N/A N/A Per Site Release: 0. 64 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 10 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 4 Number of Site s: 15 RELEASE ACTIVITY:PROC: PDM1 SIC-CODE DESCRIPTION: SIC-CODE (S) EX POSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 52. 0.64 6.40E-02 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 216.47 60.31 37.13 30.71 0.30 1.06 1.72 2.08 ALL 10 35.44 12.51 7.29 6.10 1.81 5.12 8.78 10.49

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 3.29E-07 2.01E-06 mg/kg/day 4.45E-09 2.72E-08 mg/kg/day LADC pot 1.68E-05 1.03E-04 mg/L 5.32E-05 3.25E-04 mg/kg Acute ADR pot 8.87E-05 4.28E-04 mg/kg/day 1.68E-06 1.03E-05 mg/kg/day7/27/10 Page 11 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358

SIC CODE EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 4 RELEASE ACTIVITY: PROC: PDM1 SIC CODE DES CRIPTION ASSOCIATED SIC CODES: SIC CODE RESULTS

COC ( μ g/L) Percent of Year COC Exceeded Number of Days COC Exceeded Release days/year Loading (kg/site/day) Waste Water Treatment (%) High/Avg Analysis

129.00 0 0 52.00 0.64 90.00 High7/27/10 Page 12 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor: ENVIRONMENTAL RELEASES Scenario#:5 Number of Release Sites: 15. Release Activity: PROC: Max LADD Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 499.20 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 1.00 0.00/0.00 N/A N/A Per Site Release: 33 .28 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 13 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 5 Number of Site s: 15 RELEASE ACTIVITY:PROC: Max LADD SIC-CODE DESCRIPTION: SIC-CODE (S): EX POSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 1. 33.28 3.33 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 216.47 60.31 37.13 30.71 N/A N/A N/A N/A ALL 10 35.44 12.51 7.29 6.10 N/A N/A N/A N/A

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 3.29E-07 2.01E-06 mg/kg/day 4.45E-09 2.72E-08 mg/kg/day LADC pot 1.68E-05 1.03E-04 mg/L 5.32E-05 3.25E-04 mg/kg Acute ADR pot N/A N/A mg/kg/day N/A N/A mg/kg/day7/27/10 Page 14 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor: ENVIRONMENTAL RELEASES Scenario#:6 Number of Release Sites: 60. Release Activity: USE1: Max ADR Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 120.00 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 250.00 0.00/0.00 N/A N/A Per Site Release: 8.00 E-03 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 15 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 6 Number of Site s: 60 RELEASE ACTIVITY:USE1: Max ADR SIC-CODE DESCRIPTION: SIC-CODE (S) EX POSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 250. 0.008 8.00E-04 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 125.56 44.02 26.80 22.53 6.37E-03 1.82E-02 2.99E-02 3.55E-02 ALL 10 11.11 1.94 1.06 0.96 7.20E-02 0.41 0.75 0.83

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 3.40E-08 3.85E-07 mg/kg/day 4.61E-10 5.21E-09 mg/kg/day LADC pot 1.75E-06 1.97E-05 mg/L 5.52E-06 6.23E-05 mg/kg Acute ADR pot 1.52E-06 3.45E-05 mg/kg/day 3.62E-08 4.09E-07 mg/kg/day7/27/10 Page 16 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor: ENVIRONMENTAL RELEASES Scenario#:7 Number of Release Sites: 60. Release Activity: USE1: PDM1 Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 120.00 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 250.00 0.00/0.00 N/A N/A Per Site Release: 8.00 E-03 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)7/27/10 Page 17 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 7 Number of Site s: 60 RELEASE ACTIVITY:USE1: PDM1 SIC-CODE DESCRIPTION: SIC-CODE (S) EX POSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 250. 0.008 8.00E-04 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 125.56 44.02 26.80 22.53 6.37E-03 1.82E-02 2.99E-02 3.55E-02 ALL 10 11.11 1.94 1.06 0.96 7.20E-02 0.41 0.75 0.83

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 3.40E-08 3.85E-07 mg/kg/day 4.61E-10 5.21E-09 mg/kg/day LADC pot 1.75E-06 1.97E-05 mg/L 5.52E-06 6.23E-05 mg/kg Acute ADR pot 1.52E-06 3.45E-05 mg/kg/day 3.62E-08 4.09E-07 mg/kg/day7/27/10 Page 18 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358

SIC CODE EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 7 RELEASE ACTIVITY: USE1: PDM1 SIC CODE DESCRI PTION: ASSOCIATED SIC CODES: SIC CODE RESULTS

COC ( μ g/L) Percent of Year COC Exceeded Number of Days COC Exceeded Release days/year Loading (kg/site/day) Waste Water Treatment (%) High/Avg Analysis

129.00 0 0 250.00 8.00E-03 90.00 High7/27/10 Page 19 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor: ENVIRONMENTAL RELEASES Scenario#:8 Number of Release Sites: 60. Release Activity: USE1: Max LADD Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 120.00 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 1.00 0.00/0.00 N/A N/A Per Site Release: 2. 00 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 20 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 8 Number of Site s: 60 RELEASE ACTIVITY:USE1: Max LADD SIC-CODE DESCRIPTION: SIC-CODE (S) EX POSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 1. 2. 0.20 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 125.56 44.02 26.80 22.53 N/A N/A N/A N/A ALL 10 11.11 1.94 1.06 0.96 N/A N/A N/A N/A

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 3.40E-08 3.85E-07 mg/kg/day 4.61E-10 5.21E-09 mg/kg/day LADC pot 1.75E-06 1.97E-05 mg/L 5.52E-06 6.23E-05 mg/kg Acute ADR pot N/A N/A mg/kg/day N/A N/A mg/kg/day7/27/10 Page 21 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 ENVIRONMENTAL RELEASES Scenario#:9 Number of Release Sites: 19. Release Activity: USE2: Max ADR Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 245.97 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 248.00 0.00/0.00 N/A N/A Per Site Release: 5.22 E-02 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 22 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 9 Number of Site s: 19 RELEASE ACTIVITY:USE2: Max ADR SIC-CODE DESCRIPTION: SIC-CODE (S): EXPOSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 248. 0.0522 5.22E-03 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 281.14 130.69 82.66 67.99 1.86E-02 3.99E-02 6.32E-02 7.68E-02 ALL 10 13.93 8.70 5.00 4.20 0.37 0.60 1.04 1.24

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 9.84E-08 1.99E-06 mg/kg/day 1.33E-09 2.69E-08 mg/kg/day LADC pot 5.05E-06 1.02E-04 mg/L 1.59E-05 3.22E-04 mg/kg Acute ADR pot 3.34E-06 5.01E-05 mg/kg/day 1.05E-07 2.13E-06 mg/kg/day7/27/10 Page 23 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor: ENVIRONMENTAL RELEASES Scenario#:10 Number of Release Sites: 19. Release Activity: USE2: PDM1 Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 245.97 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 248.00 0.00/0.00 N/A N/A Per Site Release: 5.22 E-02 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 24 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 10 Number of Site s: 19 RELEASE ACTIVITY:USE2: PDM1 SIC-CODE DESCRIPTION: SIC-CODE (S): EXPOSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 248. 0.0522 5.22E-03 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 281.14 130.69 82.66 67.99 1.86E-02 3.99E-02 6.32E-02 7.68E-02 ALL 10 13.93 8.70 5.00 4.20 0.37 0.60 1.04 1.24

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 9.84E-08 1.99E-06 mg/kg/day 1.33E-09 2.69E-08 mg/kg/day LADC pot 5.05E-06 1.02E-04 mg/L 1.59E-05 3.22E-04 mg/kg Acute ADR pot 3.34E-06 5.01E-05 mg/kg/day 1.05E-07 2.13E-06 mg/kg/day7/27/10 Page 25 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358

SIC CODE EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 10 RELEASE ACTIVITY: USE2: PDM1 SIC CODE DESCRIPTION: ASSOCIATED SIC CODES: SIC CODE RESULTS

COC ( μ g/L) Percent of Year COC Exceeded Number of Days COC Exceeded Release days/year Loading (kg/site/day) Waste Water Treatment (%) High/Avg Analysis

129.00 0 0 248.00 5.22E-02 90.00 High7/27/10 Page 26 of 33

POST FOCUS EXPOSURE REPORT

Chemical ID: P-10-0358 Assessor: ENVIRONMENTAL RELEASES Scenario#:11 Number of Release Sites: 19. Release Activity: USE2: Max LADD Release Description: WATER LANDFILL Non-sludge/Sludge STACK FUGITIVE

Total Releases: 245.97 N/A N/A N/A (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Non-sludge/Sludge Release Days/yr: 1.00 0.00/0.00 N/A N/A Per Site Release: 12 .95 N/A/0.00 N/A N/A (kg/site/day) (kg/site/day) (kg/site/day) (kg/site/day)

Remarks:7/27/10 Page 27 of 33

POST FOCUS EXPOSURE REPORT
Chemical ID: P-10-0358
SIC-CODE BASED HUMAN AND AQUATIC EXPOSURES TO SURFACE WATER RELEASES SCENARIO #: 11 Number of Site s: 19 RELEASE ACTIVITY:USE2: Max LADD SIC-CODE DESCRIPTION: SIC-CODE (S): EXPOSED POPULATION: Adult

WWT REMOVAL (%) RELEASE DAYS PRETREATMENT RELEASE (kg/site/day) POSTTREATMENT RELEASE (kg/site/day) DWT (%) BCF (L/kg) 90.00 1. 12.94 1.29 0.00 3.16

AQUATIC EXPOSURE ESTIMATES - SURFACE WATER PLANT TYPE % ILE FACILITY STREAM FLOW (MLD) STREAM CONC. ( μ g/l)

Harmonic

Mean 30Q5 7Q10 1Q10 Harmonic Mean 30Q5 7Q10 1Q10 ALL 50 281.14 130.69 82.66 67.99 N/A N/A N/A N/A ALL 10 13.93 8.70 5.00 4.20 N/A N/A N/A N/A

DRINKING WATER AND FISH IN GESTION EXPOSURE ESTIMATES

Exposure Units Drinking Water Results Drinking Water Units Fish Ingestion Results Fish Ingestion

Units 50% 10% 50% 10% Cancer LADD pot 9.84E-08 1.99E-06 mg/kg/day 1.33E-09 2.69E-08 mg/kg/day LADC pot 5.05E-06 1.02E-04 mg/L 1.59E-05 3.22E-04 mg/kg Acute ADR pot N/A N/A mg/kg/day N/A N/A mg/kg/day7/27/10 Page 28 of 33

CEM Inputs ID Number: P-10-0358,12 Product: unknown Chemical Name: P-10-0358 Scenario Population: Adult Molecular Weight (g/mole): 660 Vapor Pressure (torr): 1e-06 Consumer Product Weight Fraction - Central Tendency (unitless): 0.0001 Consumer Product Weight Fraction - High-End (unitless): 0.0001

Inhalation Inputs Frequency of Use (chronic) (events/yr): 6 Exposure Duration (chronic) (years): 11 Frequency of Use (acute) (events/day): 1 Exposure Duration (acute) (days): 1 Mass of Product Used per Event - Central Tendency (g): 227 Mass of Product Used per Event - High-End (g): 738

Inhalation Rate During Use (m 3 /hr): 1.1 Duration of Event - Central Tendency (hours/event): 0.333

Inhalation Rate After Use (m 3 /hr): 0.55 Duration of Event - High-End (hours/event): 1

Zone 1 Volume (m 3 ): 20 Whole House Volume (m 3 ): 369 Air Exchange Rate (air exchanges/hr): 0.45 Body Weight (kg): 71.8 Portion of Aerosol in Air (unitless): 0.01 Activity Patterns User: 1 1 1 1 1 1 1 2 3 5 5 4 2 4 6 7 4 2 2 7 4 4 4 1 Non-User: 1 1 1 1 1 1 1 1 3 2 4 4 2 4 7 7 4 2 2 7 4 4 4 1 Hour:0 6 12 18 Start Time: 9 Room of Use: 5. Utility Room Dermal Inputs There are no Dermal inputs for this scenario. Averaging Time (chronic) (days): 2.74e+04 Averaging time (acute) (days) : 17/27/10 Page 29 of 33

CEM Inhalation Exposure Estimates ID Number: P-10-0358,12 Scenario: Population: Adult Exposure Duration (years) chronic: 11 Exposure Duration (days) acute: 1

Exposure Units Result AT (days) Chronic Cancer LADD pot (mg/kg-day) 1.60e-07 2.74e+04 LADC pot (mg/m 3 ) 6.06e-07 2.74e+04 Acute ADR pot

(mg/kg-day) 1.39e-04 1 Cp pot (mg/m 3 ) 8.87e-03 NA

LADD - Lifetime Average Daily Dose(mg/kg-day) LA DC - Lifetime Average Daily Concentration (mg/m 3 ) ADR - Acute Dose Rate (mg/kg-day) Cp - Peak Concentration (mg/m 3 )

Note: 75 years = 2.738e+04 days pot - potential dose Note: The general Agency guidance for assessing short-term, infre quent events (for most chemicals, an exposure of less than 24 hours that occurs no more frequently than monthly) is to treat such events as independent, acu te exposures rather than as chronic exposure. (Methods for E xposure-Response Analysis for Acute Inha lation Exposure to Chemicals (External Review Draft). EPA/600/R-98/051. April 19987/27/10 Page 30 of 33

CEM Inputs ID Number: P-10-0358,13 Product: unknown Chemical Name: P-10-0358 Scenario: Population: Adult Molecular Weight (g/mole): 660 Vapor Pressure (torr) 1e-06 Consumer Product Weight Fraction - Central Tendency (unitless): 0.0001 Consumer Product Weight Fraction - HighEnd (unitless): 0.0001

Inhalation Inputs Frequency of Use (chronic) (events/yr): 4 Exposure Duration (chronic) (years): 11 Frequency of Use (acute) (events/day): 1 Exposure Duration (acute) (days): 1 Mass of Product Used per Event - Central Tendency (g): 3635 Mass of Product Used per Event - High-End (g): 1.272e+04

Inhalation Rate During Use (m 3 /hr): 1.1 Duration of Event - Central Tendency (hours/event): 3

Inhalation Rate After Use (m 3 /hr): 0.55 Duration of Event - High-End (hours/event): 8

Zone 1 Volume (m 3 ): 40 Whole House Volume (m 3 ): 369 Air Exchange Rate (air exchanges/hr): 0.45 Body Weight (kg): 71.8

Activity Patterns (Note: 1=Bedroom 2= Kitchen 3=Bathroom 4=Living Room 5=Utility Room 6=Car 7=Out) User: 1 1 1 1 1 1 1 2 3 1 1 1 1 1 1 1 1 1 2 7 4 4 4 1 Non-User: 1 1 1 1 1 1 1 1 3 2 4 4 2 4 7 7 4 2 2 7 4 4 4 1 Hour: 0 6 12 18 Start Time: 10 Room of Use: 1. Bedroom Dermal Inputs Frequency of Use (chronic) (events/yr): 4 SA/BW (cm2/kg): 4.5 Frequency of Use (acute) (events/day): 1 Exposure Duration (chronic) (years): 11 Amount Retained / Absorbed to Skin (g/cm2-event): 0.0114 Exposure Duration (acute) (days): 17/27/10 Page 31 of 33

Averaging Time (chronic) (days): 2.74e+04 Averaging Time (acute) (days) : 17/27/10 Page 32 of 33

CEM Inhalation Exposure Estimates ID Number: P-10-0358,13 Scenario: Population: Adult Exposure Duration (years) chronic: 11 Exposure Duration (days) acute: 1

Exposure Units Result AT (days) Chronic Cancer LADD pot (mg/kg-day) 1.25e-06 2.74e+04 LADC pot (mg/m 3 ) 6.82e-06 2.74e+04 Acute ADR pot

(mg/kg-day) 4.98e-05 1 Cp pot (mg/m 3 ) 2.73e-04 NA

LADD - Lifetime Average Daily Dose (mg/kg-day) LADC - Lifetime Average Daily Concentration (mg/m 3 ) ADR - Acute Dose Rate (mg/kg-day) Cp - Peak Concentration (mg/m 3 )

Note: 75 years = 2.738e+04 days pot - potential dose Note: The general Agency guidance for assessing short-term, infre quent events (for most chemicals, an exposure of less than 24 hours that occurs no more frequently than monthly) is to treat such events as independent, acu te exposures rather than as chronic exposure. (Methods for E xposure-Response Analysis for Acute Inha lation Exposure to Chemicals (External Review Draft). EPA/600/R-98/051. April 1998)7/27/10 Page 33 of 33

CEM Dermal Exposure Estimates ID Number: P-10-0358,13 Scenario: Population: Adult Exposure Duration (chronic) (years): 11 Exposure Duration (acute) (days): 1

Exposure Units Result AT (days) Chronic Cancer LADD pot (mg/kg-day) 8.25e-06 2.74e+04 Acute ADR pot

(mg/kg-day) 5.13e-03 1

LADD - Lifetime Average Daily Dose (mg/kg-day) ADR - Acute Dose Rate (mg/kg-day)

# A-004 TSCA Section 5(e) Consent Order and Determinations Supporting Consent Order for PMN P-10-358

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF POLLUTION PREVENTION AND TOXICS
REGULATION OF A NEW CHEMICAL SUBSTANCE
PENDING DEVELOPMENT OF INFORMATION

In the matter of: ) Premanufacture Notice Number:

) ) ) ) ) ) P-10-358 ) ) ) ) )

_________________________________________________________________ Consent Order and Determinations Supporting Consent Order

_________________________________________________________________

### ii TABLE OF CONTENTS Preamble

I Introduction II. Summary of Terms of the Order III. Contents of PMN IV. EPA’s Assessment of Risk V. EPA’s Conclusions of Law VI. Information Required to Ev aluate Human Health Effects

Consent Order

I Scope of Applicability and Exemptions II. Terms of Manufacture, Impor t, Processing, Distribution in Commerce, Use, and Disposal Pending Submission and Evaluation of Information III. Recordkeeping IV. Requests for Pre-Inspection Information V. Successor Liability Upon Transfer of Consent Order VI. Modification and Revocation of Consent Order VII. Effect of Consent Order

Attachment A - Definitions Attachment B - Statistical An alysis of NCELs Analytical Method Verification Results Attachment C - Notice of Transfer of Consent Order

### iii 

# PREAMBLE

I. INTRODUCTION Under the authority of § 5(e) of the Toxic Substances Control Act (“TSCA”) (15 U.S.C. 2604(e)), the Environmental Protection Agency (“EP A” or “the Agency”) issues the attached Order, regarding premanufacture notice (“PMN”) P-10-358 for the chemical substance

(“the PMN substance”) submitted by [ (“the Company”), to take effect upon expiration of the PMN review period. The Company submitted the PMN to EPA pursuant to § 5(a)(1) of TSCA and 40 CFR Part 720. Under § 15 of TSCA, it is unlawful for any person to fail or refuse to comply with any provision of § 5 or any order issu ed under § 5. Violators may be subject to various penalties and to both criminal and civil liabil ity pursuant to § 16, and to specific enforcement and seizure pursuant to § 17. In addition, chemical substanc es 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: (1) provide its workers personal protectiv e equipment to prevent dermal exposure; (2) use as described in the PMN; (3) comply with labeling, MSDS, and worker trai ning in accordance with the provisions of the Hazard Communication Program section; (4) distribute the PMN substance only to a person who agrees to follow the same restrictions in

### iv the Order (except the testing requirements) or until it has been completely reacted; (5) an annual production volum e of no more than [ ] kg; (6) not use as a pow der or solid and; (7) maintain relevant records.

### v III. CONTENTS OF PMN By signing this Order, the Compa ny represents that it has carefu lly reviewed this document and agrees that all information here in that is claimed as confiden tial by the Company is correctly identified within brackets and that any informa tion that is not bracket ed is not claimed as confidential. To make this document availabl e for public viewing, EPA will remove only the information contained within the brackets. Confidential Business Information Claims (Bracketed in the Preamble and Order) : Company name, chemical identity, production volume, ma nufacturing, processing and use information Chemical Identity: Specific:

] Generic: Polycylic polyamine diester organometallic compound
Use : Specific: [

Generic: Coatings additive at a 1 % concentration or less Maximum 12-Month Production Volume : [ ] Test Data Submitted with PMN : Physical /chemical properties, environmental fate, environmental effects and health effects. IV. EPA’S ASSESSMENT OF RISK The following are EPA’s predictions regard ing the probable human toxicity, human exposure of the PMN substance, based on the in formation currently available to the Agency.

### vi Human Health Effects Summary: Absorption: Skin: 0%; Lung: 100%; GI Tract: 100% Toxicological Endpoints of Concern: Systemic Toxicity, neurotoxicity, dermal sensitization, acute toxicity and immunotoxicity. Basis: Based on submitted test data on the PMN substance. Environmental Effects Summary: There were no exceedences of the concern concentration COC of 129 parts per billion (ppb). Exposure and Environmental Release Summary:

Repackaging Processing Use 1 Use 2

# Sites [ ] [ ] [ ] [

Workers (#/site) [ ] [ ] [ ] Exposure (days/year) 16 52 250 248 Dermal Exposure (mg/day) 18 18 .18 .18 Inhalation Exposure (mg/day) Negligible Negligible .015 (Particulate) .0092 (Mist)

Risk to Workers: Based on engineering estimates and reviewed toxicity data, the subject PMN presents little risk of non- cancer injury to unprotected work ers from inhalation exposures, because these exposures are very low. Dermal exposures are addressed through use of protective gloves and clothing. The PMN substance can present risks for acute toxicity, systemic toxicity, neurotoxicity, immunotoxicity and dermal sensi tization. The impact of these concerns is mitigated by the low exposures to worker s and the general population. One possible complication is if the production vo lume increases dramatically af ter the third y ear estimate of

### vii 3000 kg, because the hazard potential of P-10-0358 appears substa ntive. The systemic NOAEL of 5 mg/kg can be associated with a modest acute toxicity LD50 of some 200 mg/kg, which, based on test animal deaths, could be lower. Also, immunotoxicity and mutagenicity concerns for the PMN substance have yet to be clarified.

V. EPA’S CONCLUSIONS OF LAW The following findings constitute th e basis of the Consent Order: (a) EPA is unable to determine the potential fo r human health effects from exposure to the PMN substance. EPA therefore concludes, pursuant to § 5(e)(1)(A)(i) of TSCA , that the information available to the Agency is insufficient to pe rmit a reasoned evaluation of the human health effects of the PMN substance.

(b) In light of the potential risk of th e human health effects posed by the uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal of the PMN substance, EPA has concluded, pursuant to § 5(e)(1)(A)(ii)(I) of TS CA, that uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal of the PMN substance may present an unreasonable risk of injury to human health.

VI. INFORMATION REQUIRED TO EVALUATE HEALTH EFFECTS Pended Testing. The following additional information would be required to evaluate the following effects which may be caused by the PMN substance:

### viii Information Guidelines Acute Oral Toxicity in Rabbits OPPTS 870.1100

The Order does not require submission of the above pende d testing at any specified time or production volume. However, th e Order’s restrictions on manufacture, import, processing, distribution in commerce, use, a nd disposal of the PMN substance will remain in effect until the Order is modified or revoked by EPA based on subm ission of that or other relevant information.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



# CONSENT ORDER

I. SCOPE OF APPLICABILITY AND EXEMPTIONS OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION



### (a) Scope. The requirements of this Order apply to all commercial manufacturing, processing,

distribution in commerce, use and disposal of the chemical substance

(P-l 0-358)("the PMN substance") in 

### the United States 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 is exempt from the requirements of this Order (except the requirements in the

. Recordkeeping and Successor Liability Upon Transfer Of Consent Order sections) only to the

extent that (1) these activities are conducted in full compliance with all applicable requirements

. Internet Address (URL) • http://www.epa.gov RecycledfRecycJabJe • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper

### of the following exemptions, and (2) such compliance is documented by appropriate recordkeeping as required in the Reco rdkeeping section of this Order.

(1) Completely Reacted (Cured) . The requirements of this Or der do not apply to quantities of the PMN substance after they have been completely reacted (cured). (2) De Minimis Concentrations . The requirements of this Order do not apply to quantities of the PMN substance that are (1) present in the work area only as a mixture and (2) at a concentration not to exceed 1.0 percent by weight or volume (0.1 percent by weight or volume if the PMN substance is identified as a potential carcinogen in paragraph (f) of the Hazard Communication Program section of this Order). This exemption is not available if the Company has reason to believe that, duri ng intended activities, the PMN s ubstance in the mixture may be reconcentrated above the 1.0 or 0.1 percent level, whichever applies. If this Order contains New Chemical Exposure Limits provisions or Release to Water provisions that, respectively, specify a NCEL concentration (“TWA”) or in-stream con centration (“N”) less than the de minimis concentration specified here, then this de mini mis exemption does not apply to those provisions. (3) Export . Until the Company begins commercial manufacture of the PMN substance for use in the United States, the requirements of this Order do not apply to ma nufacture, processing or distribution in commerce of the PMN substance solely for export in accordance with TSCA §12(a) and (b), 40 CFR 720.3(s) and 40 CFR Part 707. However, once the Company begins to manufacture the PMN substance for use in the United States, no further activity by the Company involving the PMN substance is ex empt as “solely for export” even if some amount of the PMN substance is later exported. At th at point, the requirements of this Order apply to all activities

### - 3 -

associated with the PMN substance while in the te rritory of the United States. Prior to leaving U.S. territory, even those quanti ties or batches of the PMN substa nce that are destined for export are subject to terms of the Order, and count towa rds any production volume test triggers in the Testing section of this Order. (4) Research & Development (“R&D”) . The requirements of this Order do not apply to manufacturing, processing, distribu tion in commerce, use and disposal of the PMN substance in small quantities solely for rese arch and development in accord ance with TSCA §5(h)(3), 40 CFR 720.3(cc), and 40 CFR 720.36. The requirements of this Order also do not apply to manufacturing, processing, distribu tion in commerce, use and disposal of the PMN substance when manufactured solely for non-commercial rese arch and development per 40 CFR 720.30(i) and TSCA §5(i). (5) Byproducts . The requirements of this Order do not apply to the PMN substance when it is produced, without separate commercial inte nt, only as a “byproduct” as defined at 40 CFR 720.3(d) and in compliance with 40 CFR 720.30(g). (6) No Separate Commercial Purpose . The requirements of this Order do not apply to the PMN substance when it is manufactured, pursuant to any of the exemptions in 40 CFR 720.30(h), with no commercial purpose separate from the substa nce, mixture, or article of which it is a part. (7) Imported Articles . The requirements of this Order do not apply to the PMN substance when it is imported as part of an “article” as defined at 40 CF R 720.3(c) and in compliance with 40 CFR 720.22(b)(1).

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

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Exemption (“TME”) under TSCA §5(h)(1) and 40 CFR 720.38 or a Low Volume Exemption (“LVE”) or Low Release and Exposure Exemp tion (“LoREX”) under TSCA §5(h)(4) and 40 CFR 723.50(c)(1) and (2) respectively, any such exempti on is automatically re ndered null and void as of the effective date of this 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 manufactur ing, importing, processing, distributing in commerce, using, or disposing of the PMN subs tance in the United States, for any nonexempt commercial purpose, pending the development of information necessary for a reasoned evaluation of the human health of the substance, and th e completion of EPA’s review of, and regulatory action based on, that information, except in accordan ce with the conditions desc ribed in this Order.

TESTING (a) Section 8(e) Reporting. Reports of information on th e PMN substance which reasonably supports the conclusion that the PMN substance presents a substantial risk of injury to health or the environment and which is required to be reporte d under TSCA section 8(e) shall reference the appropriate PMN identification number for this substance and contain a statement that the substance is subject to this Cons ent Order. Additional information regarding section 8(e) reporting requirements can be found at www.epa.gov/oppt/tsca8e

.

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(b) Notice of Study Scheduling. The Company shall notify, in writing, the EPA Laboratory Data Integrity Branch (2225A), Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, of the following information within 10 days of scheduling any st udy required to be performed pursuant to this Order, or within 15 days afte r the effective date of this Order, whichever is later: (1) The date when the study is scheduled to commence; (2) The name and address of the labor atory which will conduct the study; (3) The name and telephone number of a pers on at the Company or the laboratory whom EPA may contact regarding the study; and, (4) The appropriate PMN identification number for each substance and a statement that the substance is subject to this Consent Order.

(c) Good Laboratory Practice St andards and Test Protocols. Each study required to be performed pursuant to this Order must be conducted accord ing to TSCA Good Laborat ory Practice Standards at 40 CFR Part 792 and using me thodologies generally accepted in the relevant scientific community at the time the study is initiated. Before starting to conduc t any such study, the Company must obtain approval of test protocols from EPA by submitting written protocols. EPA will respond to the Company within 4 weeks of r eceiving the written protocols. Published test guidelines specified in paragraph (d) provide genera l guidance for development of test protocols,but are not themselves acceptable protocols. Approval of the test protocol does not mean preacceptance of test results.

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(d) Test Reports. The Company shall: (1) conduct each study in good faith, with due care, and in a scientifically valid manner; (2) promptly furnish to EPA the results of any interim phase of each study; and (3) submit, in triplic ate (with an additional sanitize d copy, 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 ex ceeding the applicable pr oduction 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 appli cable test guidelines. However, for purposes of this Consent Order, the word “should” in those subparagraphs shall be inte rpreted to mean “shall” to make clear that the submission of such information is mandatory. EPA will not require the submission of raw data such as slides and laboratory notebooks unless if EPA finds, on the basis of professional judgment, that an adequate evaluation of the study cannot take place in the absence of these items.

(e) Testing Waivers. The Company is not required to c onduct a study specified in paragraph (d) of this Testing section if no tified in writing by EPA that it is unnecessary to conduct that study.

(f) Equivocal Data. If EPA finds that the data generate d 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 re strictions of this Orde r, 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

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necessary to permit a reasoned evaluation of th e risks presented by the PMN substance, only by mutual consent of EPA and the Company.

(g) EPA Determination of Invalid 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 fi nds that the data generated by a study are scientifically invali d, the Company is prohibited from further manufacture and import of the 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 if so notified, in writing, by EPA in response to the Company’s compliance with either of the following subparagraphs (h)(2)(i) or (h)(2)(ii). (i) The Company may reconduc t the study in compliance with paragraphs (b), (c), and (e)(1) and (2). If there 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) . If there is insufficient time for the Company to comply with subparagraph (e)(3), the Co mpany may exceed the production limit and shall submit the report and data in triplicate to EPA with in a reasonable period of time, all as specified by EPA in the notice described in subparagraph (h)(1). EPA will respond to the Company, in writing, within 6 weeks of receiving the Company’s report and data. (ii) The Company may, within 4 weeks of receiving from EPA the notice described in subparagraph (h)(1), submit to EPA a written report refuting EPA’s finding. EPA will respond to the Company, in writing, within 4 w eeks of receiving the Company’s report.

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(h) Company Determination of Invalid Data. (1) Except as described in subparagraph (i )(2), if the Company becomes aware that circumstances clearly beyond the control of the Company or laboratory will prevent, or have prevented, development of scientif ically valid data under the conditi ons specified in paragraphs (c) and (e), the Company remains prohibited from further manufacture and import of the PMN substance beyond the appli cable production limit. (2) The Company may submit to EPA, within 2 weeks of first becoming aware of such circumstances, a written statement explaining w hy circumstances clearly beyond the control of the Company or laboratory will cause or have caused de velopment of scientifically invalid data. EPA will notify the Company of its response, in writ ing, within 4 weeks of receiving the Company’s report. EPA’s written response may either: (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)(1) a nd (2). If there 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). If there is insufficien t time for the Company to comply with subparagraph (e)(3), the Company may exceed the production limit and shall s ubmit the report and data in triplicate to EPA within a reasonable period of time, all as specifi ed by EPA in the notice de scribed in subparagraph (i)(2). EPA will respond to the Company, in wr iting, within 6 weeks of receiving the Company’s

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report and data, as to whether the Company may continue to manufacture and import beyond the applicable production limit.

(i) Unreasonable Risk. (1) EPA may notify the Company in writing that EPA finds that the data generated by a study are scientifically valid and un equivocal and indicate that, despite the terms of this Order, the PMN substance will or may present an unreasonable risk of injury to human health or the environment. EPA’s notice may specify that th e Company undertake certain actions concerning further testing, manufacture, import, processing, distribution, use and/or disposal of the PMN substance to mitigate exposures to or to be tter characterize the risks presented by the PMN substance. Within 2 weeks from receipt of such a notice, the Company must cease all manufacture, import, processing, distribution, us e and disposal of the PMN substance, unless either: (2) within 2 weeks from receipt of the notice described in su bparagraph (j)(1), the Company complies with such requireme nts as EPA’s notice specifies; or (3) within 4 weeks from receipt of the notice described in su bparagraph (j)(1), the Company submits to EPA a written report refuting EPA’s finding and/or the appropriateness of any additional requirements imposed by EPA. The Company may continue to manufacture, import, process, distribute, use and dispose of th e PMN substance in accord ance with the terms of this Order pending EPA’s response to the Compa ny’s written report. EPA will respond to the Company, in writing, within 4 weeks of receiving the Company’s report. Within 2 weeks of receipt of EPA’s written response, the Company sh all comply with any requirements imposed by

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EPA’s response or cease all manufacture, import, processing, distribution, us e and disposal of the PMN substance.

(j) Other Requirements. Regardless of the satisfaction of a ny other conditions in this Testing section, the Company must continue to obey all the terms of this 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 provi sions of this Consent Order pursuant to Part VI. of this Consent Order.

PROTECTION IN THE WORKPLACE (a) Establishment of Program. During manufacturing, processing, and use of the PMN substance at any site controlled by the Co mpany (including any associated packaging and storage and during any cleaning or maintenance of equipment asso ciated with the PMN substance), the Company must establish a program whereby:

(1) General Dermal Protection. Each person who is reasonably likely to be dermally exposed in the work area to the PMN substan ce through direct handling of the substance or through contact with equipment on which the subs tance may exist, or because the substance becomes airborne in a form liste d in subparagraph (a)(5) of this section, is provided with, and is required to wear, personal protect ive equipment that provides a ba rrier to prevent dermal exposure to the substance in the specific work area where it is selected for use. Each such item of personal protective equipment must be se lected and used in accordance with Occupational Safety and Health Administration (“OSHA”) dermal protection requirement s at 29 CFR 1910.132, 1910.133,

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and 1910.138. (2) Specific Dermal Protective Equipment. The dermal personal protective equipment required by subparagraph (a)(1) of th is section must include, but is not limited to, the following items: (i) Gloves. (ii) Full body chemical protective clothing. (iii) Chemical goggles or equivalent eye protection. (iv) Clothing which covers any other exposed areas of the arms, legs and torso. (3) Demonstration of Imperviousness. The Company is able to demonstrate that each item of chemical protective clothing selected, including gloves, provi des an impervious barrier to prevent dermal exposure during normal and expected duration and conditions of exposure within the work area by any one or a combination of the following: (i) Permeation Testing. Testing the material used to make the chemical protective clothing and the construction of the clothing to establish that the protective clothing will be impervious for the expected dura tion and conditions of exposure. The testing must subject the chemical protective clothing to the expected conditions of exposur e, including the likely combinations of chemical substances to which the clothing may be exposed in the work area. Permeation testing shall be conducted according to the American Society fo r Testing and Materials (“ASTM”) F739 “Standard Test Method for Resi stance of Protective Clothing materials to Permeation by Liquids or Gases.” Results shall be recorded as a cumulative permeation rate as a function of time, and shall be documented in accordance with ASTM F739 using the format specified in ASTM F1194-99 “G uide for Documenting the Results of Chemical Permeation

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Testing on Protective Clothing Mate rials.” 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 speci fications from the manufacturer or supplier of the chemical prot ective clothing, or of the material used in construction of the clothing, to establish that the chemical protective clothing will be impervious to the PMN substance alone and in likely combinati on with other chemical s ubstances in the work

area. (5) Physical States. The following physical states of airborne chemical substances are listed for subparagraphs (a)(1) and (4) of this section: (i) Particulate (including solids or liquid droplets), (ii) Gas/vapor (all substa nces in the gas form), or (iii) Combination Gas/Vapor and Particul ate (gas and liquid/solid physical states are both present; a good example is paint spray mi st, which contains both liquid droplets and vapor).

HAZARD COMMUNICATION PROGRAM (a) Written Hazard Communication Program. The Company shall develop and implement a written hazard communication program for the PMN substance in each workplace. The written program will, at a minimum, describe how the requ irements of this section for labels, MSDSs, and other forms of warning material will be satisfie d. The Company must make the written hazard

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communication program available, upon request, to all employees, contractor employees, and their designated representatives. The Company ma y rely on an existing hazard communication program, including an existing program esta blished under the OSHA Hazard Communication Standard (29 CFR 1910.1200), to comply with this paragraph provided that the existing hazard communication program satisfies the requirements of this section. The written program shall include the following: (1) A list of chemical substances known to be present in the work area which are subject to a TSCA section 5(e) consent order signed by the Co mpany or to a TSCA section 5(a)(2) SNUR at 40 C.F.R. Part 721, subpart E. The list must be maintained in each work area where the PMN substance is known to be present and must us e the identity provided on the MSDS for the substance required under paragraph (c) of this sec tion. The list may be compiled for the workplace or for individual work areas. If the Company is required either by a nother Order issued under section 5(e) of TSCA, or by a TSCA section 5(a)(2) SNUR at 40 CFR Part 721, subpart E, to maintain a list of substances, the lists shall be combined with the list under this subparagraph. (2) The methods the Company will use to info rm employees of the hazards of non-routine tasks involving the PMN substance (e.g., cleaning of reactor vessels), and the hazards associated with the PMN substance contained in unlabeled pipes in their work area. (3) The methods the Company will use to info rm contractors of the presence of the PMN substance in the Company’s workpl ace and of the provisions of th is Order if employees of the contractor work in the Company’ s workplace and are reasonably li kely to be exposed to the PMN substance while in the Company’s workplace.

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(b) Labeling. (1) The Company shall ensure that each c ontainer of the substance in the workplace is labeled in accordance with this subparagraph (b)(1). (i) The label shall, at a minimum, contain the following information: (I) A statement of the health hazards(s) and precautionary measure(s), if any, identified in paragraph (f) of this sect ion or by the Company, for the PMN substance. (II) The identity by which the PMN substance may be commonly recognized. (III) A statement of the environm ental hazard(s) and precautionary measure(s), if any, identified in paragraph (f) of this section, or by the Company, for the PMN substance. (IV) A statement of exposure a nd precautionary measure(s), if any, identified in paragraph (f) of this secti on, or by the Company, for the PMN substance. (ii) The Company may use signs, placards, process sheets, batch tickets, operating procedures, or other such written ma terials in lieu of affixing labels to individual stationary process containers, as long as the alternative method identif ies the containers to wh ich it is applicable and conveys information specified by subparagraph (b)(1 )(i) of this section. Any written materials must be readily accessible to the employees in their work areas throughout each work shift. (iii) The Company need not label por table containers into which the PMN substance is transferred from la beled containers, and which are intended only for the immediate use of the employee who performs the transfer. (iv) The Company shall not remove or de face an existing label on containers of the

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PMN substance obtained from persons outside th e Company unless the cont ainer is immediately re-labeled with the information specified in subparagraph (b)(1)(i) of this section. (2) The Company shall ensure that each c ontainer of the substance leaving its workplace for distribution in commerce is labeled in accordance with this subparagraph (b)(2). (i) The label shall, at a minimum, contain the following information: (I) The information prescribed in su bparagraph (b)(1)(i) of this section. (II) The name and address of the ma nufacturer or a responsible party who can provide additional informati on on the substance for hazard evaluation and any appropriate emergency procedures. (ii) The label shall not c onflict with the requirements of the Hazardous Materials Transportation Act (18 U.S.C. 1801 et. seq.) and re gulations issued under that Act by the Department of Transportation. (3) The label, or alternative forms of warn ing, shall be legible and prominently displayed. (4) The label, or alternative forms of warn ing, shall be printed in English; however, the information may be repeated in other languages. (5) If the label or alternative form of warni ng is to be applied to a mixture containing the PMN substance in combination with any other subs tance that is either s ubject to another TSCA section 5(e) Order applicable to the Company, or subject to a TSCA sec tion 5(a)(2) SNUR at 40 CFR Part 721, subpart E, or defined as a “hazardous chemical” under the OSHA Hazard Communication Standard (29 CF R 1910.1200), the Company may pres cribe on the label, MSDS, or alternative form of warning, the measures to control work er exposure or environmental release which the Company determines provide the greatest degree of protection. However, should these

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control measures differ from the applicable measur es required under this Order, the Company must seek a determination of equivalency for such alternative control meas ures pursuant to 40 CFR 721.30 before prescribing them unde r this subparagraph (b)(5). (6) If the Company becomes aware of a ny significant new information regarding the hazards of the PMN substance or ways to protect against the hazards, this new information must be added to the label within 3 months from th e time the Company becomes aware of the new information. If the PMN substance is not being manufactured, imported, processed, or used in the Company’s workplace, the Company must add the new information to the label before the PMN substance is reintroduced into the workplace.

(c) Material Safety Data Sheets. (1) The Company must obtain or deve lop an MSDS for the PMN substance. (2) The MSDS shall contain, at a minimum, the following information: (i) The identity used on the container label of the PMN substance under this section, and, if not claimed confidential, the ch emical and common name of the PMN substance. If the chemical and common name is claimed confid ential, a generic chemical name must be used. (ii) Physical and chemical characteristic s of the substance kn own to the Company, (e.g., vapor pressure, flash point). (iii) The physical hazards of the s ubstance known to the Company, including the potential for fire, explosion, and reactivity. (iv) The potential human and environmenta l hazards as specified in paragraph (f) of this section.

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(v) Signs and symptoms of exposure, and any medical conditions which are expected to be aggravated by exposure to the PMN substance known to the Company. (vi) The primary routes of exposure to the PMN substance. (vii) Precautionary measur es to control worker exposure and/or environmental release required by this Order, or alternative control measures which EPA has determined under 40 CFR 721.30 provide substantially the same degree of protection as the identif ied control measures. The MSDS must identify any New Chemical Expos ure Limits specified in paragraph (b) of the New Chemical Exposure Limit section of this Orde r and must contain the information specified in the graduated respirator table in paragraph (e )(2) of the New Chemical Exposure Limit section. (viii) Any generally applicable precauti ons for safe handling and use of the PMN substance which are known to the Company, incl uding appropriate hygienic practices, protective measures during repair and maintenance of contam inated equipment, and procedures for response to spills and leaks. (ix) Any generally applicable control measures which are known to the Company, such as appropriate engineering controls, work practices, or personal protective equipment. (x) Emergency first aid pro cedures known to the Company. (xi) The date of preparation of the MSDS or of its last revision. (xii) The name, address, and telepho ne number of the Company or another responsible party who can provide additional in formation on the chemical substance and any appropriate emergency procedures. (3) If no relevant information is found or known for any given category on the MSDS, the Company must mark the MSDS to indicate that no applicable information was found.

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(4) Where multiple mixtures containing the PMN substance have similar compositions (i.e., the chemical ingredients are essentially th e same, but the specific composition varies from mixture to mixture) and similar hazards, the Comp any may prepare one MSDS to apply to all of these multiple mixtures. (5) If the Company becomes aware of a ny significant new information regarding the hazards of the PMN substance or ways to protect against the hazards, this new information must be added to the MSDS within 3 months from th e time the Company becomes aware of the new information. If the PMN substance is not being manufactured, imported, processed, or used in the Company’s workplace, the Company must add the new information to the MSDS before the PMN substance is reintroduced into the workplace. (6) The Company must ensure that pers ons receiving the PMN substance from the Company are provided an a ppropriate MSDS with their initial sh ipment and with the first shipment after an MSDS is revised. The Company may either provide the MSDS with the shipped containers or send it to the person pr ior to or at the time of shipment. (7) The Company must maintain a copy of th e MSDS in its workplace, and must ensure that it is readily accessible during each work shift to employees when they are in their work areas. (8) The MSDS may be kept in any form, including as operating procedures, and may be designed to cover groups of substa nces in a work area where it may be more appropriate to address the potential hazards of a process rather than indi vidual substances. However, in all cases, the required information must be provided for the PMN substance and must be readily accessible during each work shift to employees wh en they are in their work areas. (9) The MSDS must be printed in English; however, the information may be repeated in

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other languages.

(d) Employee Information and Training. The Company must ensure that employees are provided with information and training on the PMN substance. This info rmation and training must be provided at the time of each employee’s initia l assignment to a work area containing the PMN substance and whenever the PMN substance is in troduced into the employee’s work area for the first time. (1) The information provided to employ ees under this paragraph shall include: (i) The requirements of this section. (ii) Any operations in the work area where the PMN substance is present. (iii) The location and availability of the written hazard communication program required under paragraph (a) of this section, including the lis t of substances required by subparagraph (a)(1) of this section and MSDSs required by para graph (c) of this section. (2) The training provided to employees shall include: (i) Methods and observations that may be us ed to detect the presence or release of the PMN substance in or from an employee’s wo rk area (such as exposure monitoring conducted by the Company, continuous monitoring devices, visual appearance, or odor of the substance when being released). (ii) The potential human health and envi ronmental hazards of the PMN substance as specified in paragraph (f) of this section. (iii) The measures employees can take to protect themselves and the environment from the PMN substance, including specific proc edures the Company has implemented to protect

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employees and the environment from exposure to the PMN substance, including appropriate work practices, emergency procedures, personal protective equipment, e ngineering controls, and other measures to control worker exposure and/or envi ronmental release required under this Order, or alternative control measures which EPA has determined under 40 CFR 721.30 provide the same degree of protection as the specified control measures. (iv) The requirements of the hazard communication program developed by the Company under this section, including an explan ation of the labeling system and the MSDS required by this section and gui dance on obtaining and using a ppropriate hazard information.

(e) Existing Hazard Communication Program. The Company need not ta ke additional actions if existing programs and procedures satisfy the requirements of this section.

(f) Human Health, Exposure, and Precautionary Statements. The following human health and environmental hazard and precautionary statements shall appear on each label as specified in paragraph (b) and the MSDS as specified in paragraph (c) of this section: (1) Human health hazard statements. This substance may cause: (i) skin irritation. (ii) central nervous system effects. (iii) internal organ effects. (iv) immune system effects. (2) Human hazard precautionary statem ents. When using this substance: (i) avoid skin contact.

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(ii) use skin protection. (3) Environmental hazard statements. This substance may be: (i) toxic to fish. (ii) toxic to aquatic organisms. (4) The human healthl hazard and precautionary statement on the label prepared pursuant to paragraph (b) of this section must be followed by the statement: “See the MSDS for details.”

MANUFACTURING (a)(1) Prohibition. The Company shall not cause, encour age, or suggest th e manufacture or import of the PMN substance by any other person. (2) Sunset Following SNUR. Subparagraph (a)(1) shall ex pire 75 days after promulgation of a final significant new use rule (“SNUR”) governing the PMN substan ce under section 5(a)(2) of TSCA unless the Company is notified on or befo re that day of an action in a Federal Court seeking judicial review of the SNUR. If the Company is so no tified, subparagraph (a)(1) shall not expire until EPA notifies the Company in writin g that all Federal Court actions involving the SNUR have been resolved and the validity of the SNUR affirmed. (3) Notice of SNUR. When EPA promulgates a final SNUR for the PMN substance and subparagraph (a)(1) expires in accordance with su bparagraph (a)(2), the Company shall notify each person whom it causes, encourages or suggests to manufacture or import the PMN substance of the existence of the SNUR.

(b) The Company shall not manufacture the PMN substance:

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(1) Beyond an annual manufacture and importation volume of [ ; (2) In the form of a powder; or (3) In the form of a solid. PROCESSING a) The Company shall not pro cess the PMN substance: (1) In the form of a powder; or (2) In the form of a solid. USE (a) The Company shall not use the PMN substance: (1) Other than as described in the PMN; (2) In the form of a powder; or (3) In the form of a solid.

DISTRIBUTION (a) Export Notice Requirement . No later than the date of dist ribution, the Compa ny shall notify in writing any person to whom it dist ributes the PMN substance that, due to the issuance of this 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 information: (1) the PMN number, and (2) either (A) the specific chemical identity of the PMN substance, or (B) if the specific chemical identity is confiden tial, the generic chemical identity.

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(b) Distribution Requirements. (i) Except after the PMN substance has been completely reacted (or cured), or as provided in paragraph (c), the Company shall dist ribute 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 follow the same restri ction in the Consent Orde r (except for the testing requirements) and to : (1) Notify in writing any person to whom it di stributes the PMN substance that, due to the issuance of this 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 CF R Part 707 Subpart D. Such notice shall contain, in the form in which it appears in this Consent Order, the following information: (1) the PMN number, and (2) either (A) the specific chemical identity of the PMN substance, or (B) if the specific chemical identity is confidential, the generic chemical identity. (2) Not further distribute the PMN substance to any other person, other than for disposal, unless that person has agreed in writing prior to the date of distribution to follw the same restrictions in the Order ( except for the testing requirements) or until after the PMN substance has been completely reacted (cured). (3) Comply with the same requirements and restrictions, if any, required of the Company in the Hazard Communication Progr am section of this Order. (4) Not process the PMN substance: (i) In the form of a powder; or (v) In the form of a solid.

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(5) Not use the PMN substance: (i) Other than as described in the PMN; (ii) In the form of a powder; or (iii) In the form of a solid.. (ii) Disposal Exemption . Except for the §12(b) export notice requirement in paragraph (b)(i)(1) 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 paragra ph (b), the Company may distribute the PMN substance outside the Company for temporary transport and storage in sealed containers (labeled in accord ance with paragraph (b)(2) of the Hazard Communication Program section of this Order) provided the following two conditions are met: (1) Subsequent to any such exempt temporary transport or storage of sealed containers, the PMN substance may be distributed only to the Company or a person who has given the Company the written agreement re quired 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 is in the possession and control of th e Company or a person who has given the Company the written agreement re quired by paragraph (b).

(d) Recipient Non-Compliance. If, at any time after commenci ng distribution in commerce of the PMN substance, the Company obtains knowledge that a recipient of the substance has failed to

### - 25 -

comply with any of the conditions specified in pa ragraph (b) of this Dist ribution section or, after paragraph (b)(2) expires in accordance with subpara graph (e)(1), has engaged in a significant new use of the PMN substance (as defined in 40 CFR Part 721, Subpart E) without submitting a significant new use notice to EPA, the Compa ny shall cease supplying the substance to that recipient, unless the Company is able to document each of the following: (1) That the Company has, within 5 working days, notified the recipient in writing that the recipient has failed to comply with any of the conditions specified in paragraph (b) of this Distribution section, or has e ngaged in a significant new use of the PMN substance without submitting a significant new use notice to EPA. (2) That, within 15 working days of notif ying the recipient of the noncompliance, the Company received from the recipient, in writing, a statement of assurance that the recipient is aware of the terms of paragraph (b) of this Distribution section and will comply with those terms, or is aware of the terms of the significant new use rule for the PMN substance and will not engage in a significant new use without submitti ng a significant new use notice to EPA. (3) If, after receiving a stat ement of assurance from a r ecipient under subparagraph (d)(2) of this Distribution section, the Company obtains know ledge that the recipient has failed to comply with any of the conditions specified in paragraph (b) of this Distri bution section, or has engaged in a significant new use of the PMN substance without submitting a significant new use notice to EPA, the Company shall cease supplying the PMN subs tance to that recipien t, shall notify EPA of the failure to comply, and sha ll resume supplying the PMN substa nce to that recipient only upon written notification from the Agency.

### - 26 -

(e) Sunset Following SNUR. (1) Paragraph (b)(2) of this Distribution secti on shall expire 75 days after promulgation of a fi nal 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 of the SNUR. If the Company is so notified, paragraph (b )(2) of this Distribution section shall not expire until EPA notifies the Co mpany in writing that all Federal Court actions involving the SNUR have been resolved and the validity of the SNUR affirmed. (2) When EPA promulgates a final SNUR for th e PMN substance and paragraph (b)(2) of this Distribution section expires in a ccordance with subparagraph (e)(1), the Company shall notify each person to whom it distributes the PMN substance of the existence of the SNUR. Such notification must be in writing and must speci fically 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 of the SNUR for this PMN substance in either the Federal Register or the Code of Federal Regulations. After promulgation of a SNUR and expiration of subpara graph (b)(2), such notice may substitute for the written agreement required in the introductory clau se of paragraph (b); so that, if the Company provides such notice to the persons to whom it di stributes the PMN substance, then the Company is not required to obtain from such persons the written agreement specified in paragraph (b).

III. RECORDKEEPING (a) Records. The Company shall maintain the followi ng records until 5 years after the date they are created and shall make them available for inspection and copying by EPA in accordance with

### - 27 -

section 11 of TSCA: (1) Exemptions . Records documenting that the PMN s ubstance did in fact qualify for any one or more of the exemptions described in Secti on I, Paragraph (b) of this Order. Such records must satisfy all the statutory and regulatory recordkeeping re quirements applicable to the exemption being claimed by the Company. Any amounts or batches of the PMN substance eligible for the Export exemption in Section I, Paragraph (b)(3) of this Order are exempt from all the requirements in this Recor dkeeping section, if the Company ma intains, for 5 years from the date of their creation, copies of the export label and expor t notice to EPA, required by TSCA sections 12(a)(1)(B) and 12(b), respectively. Any amounts or batches of the PMN substance eligible for the Research and Development exempti on in Section I, Paragra ph (b)(4) of this Order, are exempt from all the requirements in this Reco rdkeeping section, if the Company maintains, for 5 years from the date of their creation, th e records required by 40 CFR 720.78(b). For any amounts or batches of the PMN substance claimed to be eligible for any other exemption described in Section I, Paragraph (b) of this Order, the Company shall keep records demonstrating qualification for that exemption as well as the reco rds specified in paragra phs (2) and (3) below, but is exempt from the other recordkeeping re quirements in this Recordkeeping section; (2) Records documenting the manufacture a nd importation volume of the 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 pers ons outside the site of manufacture or import to whom the Company directly sells or transfers the PM N substance, the date of each sale or transfer, and the quantity of the substance sold or tr ansferred on such date;

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(4) Records documenting the address of all si tes of manufacture, import, processing, and

use; (5) Records documenting establishment and im plementation of a program for the use of any applicable personal protectiv e equipment required pursuant to the Protection in the Workplace section of this Order; (6) Records documenting the determinations required by the Protection in the Workplace section of this Order that chem ical protective clothing is impe rvious to the PMN substance; (7) Records documenting establishment and implementation of the hazard communication program required by the Hazard Communication Program section of this Order; (8) Copies of labels required under the Hazard Communication Program section of this Order; (9) Copies of Material Safety Data Sheets required by the Hazard Communication Program section of this Order; (10) Records documenting compliance with any applicable manufacturing, processing, use, and distribution restrictions in the Manufacturing, Processing, Use, and Distribution sections of this Order, including distribut ees’ written agreement to comply with the Distribut ion section of this Order; (11) Copies of any Transfer Documents a nd notices required by the Successor Liability section of this Order, if applicable; and (13) The Company shall keep a copy of this Order at each of its sites where the PMN substance is manufactured or imported.

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(b) Applicability. The provisions of this Recordkeeping Section are applicable only to activities of the Company and its Contract Manufacturer, if applicable, and not to activities of the Company’s customers.

(c) OMB Control Number. Under the Paperwork Reduction Act and its regulations at 5 CFR Part 1320, particularly 5 CFR 1320.5(b), the Company is not required to respond to this “collection of information” unless this Order displays a cu rrently valid control number from the Office of Management and Budget (“OMB”), and EPA so informs the Company. The “collection of information” required in this TSCA §5(e) Consent Order has been approved under currently valid OMB Control Number 2070-0012.

IV. REQUESTS FOR PRE-IN SPECTION INFORMATION (a) EPA’s Request for Information . Pursuant to section 11 of TSCA and 40 CFR 720.122, EPA may occasionally conduct on-site compliance inspec tions of Company facilities and conveyances associated with the PMN substance. To facilit ate such inspections, EPA personnel may contact the Company in advance to request information pertinent to the scheduling and conduct of such inspections. Such requests may be written or oral . The types of information that EPA may request include, but are not limited to, the following: (i) Expected dates and times when the PM N substance will be in production within the subsequent 12 months; (ii) Current workshift schedules for workers w ho are involved in activities associated with the PMN substance and may reasonably be exposed to the PMN substance;

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(iii) Current job titles or categories for worker s who are involved in activities associated with the PMN substance and may reasonabl y 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 r easonably be exposed to the PMN substance; (v) Records required by the Recordkeep ing section of this Order; and/or (vi) Any other information r easonably related to determining compliance with this Order or conducting an inspection for that purpose.

(b) Company’s Response . The Company shall respond to such requests within a reasonable period of time, but in no event later than 30 days after receiving EPA’s request. When requested in writing by EPA, the Company’s response shall be in writing. To the extent the information is known to or reasonably ascertainable to the Comp any at the time of the request, the Company’s response shall demonstrate a good faith effort to provide reasonably accurate and detailed answers to all of EPA’s requests.

(c) Confidential Business Information . Any Confidential Business In formation (“CBI”) that the Company submits to EPA pursuant to paragraph (b ) shall be protected in accordance with §14 of TSCA and 40 CFR Part 2.

V. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedures by which the Co mpany’s rights and obligations under this Order may be transferred when the Company transfers its interests in the PMN

### - 31 -

substance, including the right to manufacture the PMN substance, to another person outside the Company (the “Successor in Interest”).

(b) Relation of Transfer Date to Notice of Commencement (“NOC”). (1) Before NOC. If the transfer 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 720.102, the Successor in Interest must submit a new PMN to EPA and comply fully with Section 5(a)(1) of TSCA and 40 CFR part 720 before commencing manufacture or import of the PMN substance. (2) After NOC. If the transfer from the Company to the Successor in Interest is effective after EPA receives a NOC, the Successo r in Interest shall comply with the terms of this Order and shall not be required to submit a new PMN to EPA.

(c) Definitions. The following definitions apply to this Successor Liability sect ion of the Order: (1) “Successor in Interest” means a pers on outside the Company who has acquired the Company’s full interest in the rights to manufact ure the PMN substance, including all ownership rights and legal liabilities, thr ough a transfer document signed by the Company, as transferor, and the Successor in Interest, as transferee. The te rm excludes persons who acquire less than the full interest of the Company in the PMN substance, such as a licensee who has acquired a limited license to the patent or manuf acturing rights associated with th e PMN substance. A Successor in Interest must be incorporated, licensed, or doing business in the United States in accordance with 40 CFR 720.22(a)(3).

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(2) “Transfer Document” means the legal instru ment(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.

(d) Notices. (1) Notice to Successor in Interest. On or before the effectiv e date of the transfer, the Company shall provide to the Successor in Intere st, by registered mail, a copy of the Consent Order and the “Notice of Transfer” document whic h is incorporated by reference as Attachment C to this Order. (2) Notice to EPA. Within 10 business days of the e ffective date of the transfer, the Company shall, by registered mail, submit the fu lly executed Notice of Transfer document to: U.S. Environmental Protection Agency, Ne w Chemicals Branch (7405), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460. (3) Transfer Document. Copies of the Transfer Docu ment must be maintained by the Successor in Interest at its principal place of busin ess, and at all sites where the PMN substance is manufactured or imported. Copies of the Transf er Document must also be made available for inspection pursuant to Section 11 of TSCA, must state the effectiv e date of transfer, and must contain provisions which expressly transfer liabi lity for the PMN substance under the terms of this Order from the Company to the Successor in Interest.

(e) Liability. (1) The Company shall be liable for complian ce with the requirements of this Order until

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the effective date of the transfer described above. (2) The Successor in Interest shall be liable for compliance with the requirements of this Order effective as of the date of transfer. (3) Nothing in this section shall be c onstrued to prohibit the Agency from taking enforcement action against the Company after the eff ective date of the transf er for actions taken, or omissions made, during the time in which the Comp any manufactured, processed, used, distributed in commerce, or disposed of the PMN substance pursuant to the terms of this Consent Order.

(f) Obligations to Submit Test Data under Consent Order. If the Testing sec tion of this Consent Order requires the Company to submit test data to EPA at a specified production volume (“test trigger”), the aggregate volume of the PM N substance manufactured and imported by the Company up to the date of transfer shall count towards the test trigger applicable to the Successor in Interest.

VI. MODIFICATION AND REVO CATION 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 of this Order. The exposures and risks identifi ed by EPA during its review of the PMN substance and the information EPA determined to be necess ary to evaluate those exposures and risks are described in the preamble to this Order. Howeve r, 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 a ppropriate, any reassessment of the test data or other information

### - 34 -

that supports the findings in this Order, an examin ation of new test data or other information or analysis, and any other relevant information. EPA will issue a modification or revocation if EPA determines that the activities proposed therein will not present an unreasonable risk of injury to health or the environment and will not result in significant or substantial human expos ure or substantial environmental release in the absence of data sufficient to permit a reasoned eval uation of the health or environmental effects of the PMN substance. In addition, the Company may petition EPA at a ny time to make other modifications to the language of this Order. EPA will issue such a modification if EPA determines that the modification is useful, appropriate, and consistent with the structur e and intent of this Order as issued.

### ATTACHMENT A DEFINITIONS

[Note: The attached Order may not cont ain some of the terms defined below.] “Chemical name” means the scie ntific designation of a chemi cal substance in accordance with the nomenclature system developed by the Chemical Abstracts Service’s rules of nomenclature, or a name which will clearly iden tify 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 substances 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 chemi cal substance or any mixture containing the chemical substance in a commercial enterprise pr oviding saleable goods or a service to consumers (e.g., a commercial dry cleaning estab lishment or painting contractor). “Common name” means any designation or identi fication 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 th at is directly, or as part of a mixture, sold or made available to consumers for thei r 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 of this section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. “Contract Manufacturer” mean s a person, outside the Compan y, who is authorized to manufacture and import the PMN substance under th e conditions specified in Part II. of this Consent Order and in the Consent Order for Contract Manufacturer. “Identity” means any chemical or common name used to identify a chem ical substance or a mixture containing that substance.

### “Immediate use.” A chemical substance is for the “immediate use” of a person if it is under the control of, and used only by, the person who tr ansferred it from a labeled container and will only be used by that person within the work shift in which it is transferred from the labeled container. “Impervious.” Chemical protective clothing is “impervious” to a chemical substance if the substance causes no chemical or mechanical degradation, permeation, or penetration of the chemical protective clothing under the condi tions of, and the duration of, exposure. “Manufacturing stream” means all reasonably an ticipated transfer, flow, or disposal of a chemical substance, regardless of physical stat e or concentration, throug h all intended operations of manufacture, including the cleaning of equipment. “MSDS” means material safety data sheet, the written listing of data for the chemical substance. “NIOSH” means the National In stitute for Occupational Safety and Health of the U.S. Department of Health and Human Services. “Non-enclosed process” means any equipment sy stem (such as an open-top reactor, storage tank, or mixing vessel) in which a chemical subs tance is manufactured, processed, or otherwise used where significant direct contact of the bul k chemical substance and the workplace air may occur. “Non-industrial use” means use other than at a facility where chemical substances or mixtures are manufacture d, imported, or processed. “PMN substance” means the chemical substa nce described in the Premanufacture notice submitted by the Company relevant to this Order. “Personal protective equipment” means any ch emical protective clothing or device placed on the body to prevent contact wi th, and exposure to, an identif ied chemical substance or substances in the work area. Examples incl ude, 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 anticipate d transfer, flow, or disposal of a chemical substance, regardless of physical state or con centration, through all in tended operations of processing, including the cleaning of equipment. “Scientifically invalid” means any significan t departure from the EPA-approved protocol or the Good Laboratory Practice Sta ndards at 40 CFR Part 792 without prior or subsequent Agency approval that prevents a reasoned evaluation of the health or e nvironmental effects of the PMN substance. “Scientifically equivocal data” means da ta which, although deve loped in apparent

### conformity with the Good Laboratory Practice Standards and EPA-approved protocols, are inconclusive, internally inconsis tent, or otherwise insufficient to permit a reasoned evaluation of the potential risk of injury to human health or the environment of the PMN substance. “Sealed container” means a closed container th at is physically and chemically suitable for long-term containment of the PMN substance, and from which there will be no human exposure to, or environmental release of, the PMN s ubstance during transport and storage. “Use stream” means all reasonabl y anticipated transfer, flow, or disposal of a chemical substance, regardless of physical state or con centration, through all in tended operations of industrial, commercial , or consumer use. “Waters of the United States” has the meaning set forth in 40 CFR 122.2. “Work area” means a room or defined space in a workplace where the PMN substance is manufactured, processed, or used and where employees are present. “Workplace” means an establishment at one geographic location cont aining one or more work areas.

### ATTACHMENT B ATTACHMENT C NOTICE OF TRANSFER OF TOXIC SUBSTANCES CONTROL ACT SECTION 5(e) CONSENT ORDER

___________________________ _________________ Company (Transferor) PMN Number

1. Transfer of Manufacture Rights. Effective on _______________, the Company did sell or otherwise transfer to ________________________________, (“Successor in Interest”) the rights and liabilities associated with manufacture of th e above-referenced chemical substance, which was the subject of a premanufacture notice (“PMN”) a nd is governed by a Consent Order issued by the U.S. Environmental Protection Agency (“EPA”) under the authority of §5(e) of the Toxic Substances Control Act (“TS CA,” 15 U.S.C. §2604(e)).

2. Assumption of Liability. The Successor in Interest hereby certi fies that, as of the effective date of transfer, all actions or omissions governed by the applicable Consent Order limiting manufacture, processing, use, di stribution in commerce and disposal of the PMN substance, shall be the responsibility of the Successor in Interest. Successor in Interest also certifies that it is incorporated, licensed, or doing business in th e United States in accordance with 40 CFR 720.22(a)(3).

3. Confidential Business Information. The Successor in Interest hereby:
___ reasserts, ___ relinquishes, or ___ modifies all Confidential Business Information (“CBI”) cl aims made by the Company, pursuant to Section 14 of TSCA and 40 CFR part 2, for the PMN substanc e(s). Where “reasserts” or “relinquishes” is indicated, that designation shall be deemed to apply to all such claims. Where “modifies” is indicated, such modification shall be explained in detail in an attachment to this Notice of Transfer. Information which has been previously disclosed to the public (e.g., a chemical identity that was not claimed as CBI by the original su bmitter) would not subsequently be eligible for confidential treatment under this Notice of Transfer.

### 1

TOXIC SUBSTANCES CONTROL ACT SECTION 5(e) CONSENT ORDER NOTICE OF TRANSFER (continued)

___________________________________ _____________________ Company (Transferor) PMN Number

___________________________________ _____________________ Signature of Authori zed Official Date

___________________________________ Printed Name of Authorized Official

___________________________________ Title of Authorized Official

___________________________________ Successor in Interest

___________________________________ _____________________ Signature of Authori zed Official Date

___________________________________ Printed Name of Aut horized Official

___________________________________ Title of Authorized Official

___________________________________ Address

___________________________________ City, State, Zip Code

### 2

TOXIC SUBSTANCES CONTROL ACT SECTION 5(e) CONSENT ORDER NOTICE OF TRANSFER (continued)

___________________________________ Successor’s Technical Contact

___________________________________ Address

___________________________________ City, State, Zip Code

___________________________________ Phone