UNITED STAlES 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 Numbers: ) ) ) 

# CONTAINS NO ) 

# CBI ) Trinity Manufacturing Inc. ) P-12-0539 P-13-0107 

### ) P-13-OI09 ) 

### ) ) 

### )

Consent Order and Determinations Supporting Consent Order11


### TABLE OF CONTENTS
Preamble I. Introduction II. Summary ofTerms ofthe Order III. Contents ofPMN IV. EPA's Assessment ofExposure and Risk V. EPA's Conclusions ofLaw VI. Information Required to Evaluate Human Health and Environmental Effects

Consent Order I. Scope ofApplicability and Exemptions II. Terms ofManufacture, Import, Processing, Distribution in Commerce, Use, and Disposal Pending Submission and Evaluation ofInformation III. Recordkeeping IV. Requests for Pre-Inspection Information V. Successor Liability Upon Transfer ofConsent Order VI. Modification and Revocation ofConsent Order VII. Effect ofConsent Order
Attachment A - Defmitions
Attachment B - Notice ofTransfer ofConsent Order111 

## PREAMBLE
I. INTRODUCTION Under the authority of

### § 5(e) ofthe Toxic Substances Control Act ("TSCA") (15 U.S.C
.

. 2604( e)), the Environmental Protection Agency ("EPA" or "the Agency") issues the attached Order, regarding premanufacture notices ("PMNs") and associated chemical substances (the "PMN substances"): P-12-0539: Alkanes, CZI- 34 - 

### branched and linear, chIoro (CASRN: 139-2825-28-3); P-13-0107: Alkanes, C ll-30 - 

### branched and linear, chIoro (CASRN: 1401947-24-0); and P-13-0109 Alkanes, CZ4- 

### Z

8, 

### chIoro (CASRN: 1402738-52-6) submitted by Trinity Manufacturing Inc. ("the Company"), to take effect upon expiration ofthe PMN reviewperiods, respectively. The Company submitted the PMNs to EPA pursuant to § 5(a)(l) ofTSCA and 40 CFR Part 720. Under § 15 ofTSCA, it is unlawful for any person to fail or refuse to comply with any provision of § 5 or any order issued under § 5. Violators may be subject to various penalties and to both criminal and civil liability pursuant to § 16, and to specific enforcement and sei=e pursuant to § 17. In addition, chemical substances subject to an Order issued under § 5 of TSCA, such as this one, are subjectto the 

### § 12(b) export notice requirement.



### II. SUMMARY OF TERMS OF THE ORDER The Consent Order for these PMN substances requires the Companyto: (a) submit to EPA certain phased fate and toxicity testing before exceeding certainproduction volume limits;IV (b) notmanufacture any ofthe PMN substances with greater than I weight percent ("wt%") of chlorinated ("CI") paraffins with an alkyl chain:S 20; and (c) maintain certain records. III. CONTENTS OF PMN By signing this Order, the Companyrepresents that it has carefully reviewed this document and hereby agrees that no information herein is claimed as confidential business information ("CBI") by the Company (per § 14 ofTSCA, 40 CFR Part 720 Subpart E, and 40 CFR Part 2). EPA will make this document available for public viewing.

CBI Claims (Bracketed in the Preamble and Order): No CBI claims. Specific Chemical Identitv, Uses and Production Volume: PMN Chemical Identity Uses Maximum 12- Month Production Volume (kg) P-12-0539 Alkanes, C21-34

- branched and • Extreme pressure additive 2,500,000 linear, chloro (CASRN: 139- for lubricants 2825-28-3) • Flame retardant for rubber P-13-0107 Alkanes, C22-30 - branched and • Flame retardant for rubber 500,000 linear, chloro (CASRN: 1401947-24-0) P-13-0109 Alkanes, C24- 28, chloro • Extreme pressure lubricant 1,000,000 (CASRN: 1402738-52-6) in metal working fluids • Flame retardant/plasticizer

in polymers/plastics

Test Data Submitted with PMNs: Nonev 

### IV. EPA'S ASSESSMENT OF EXPOSURE AND RISK The following are EPA's predictions regarding the probable human and environmental toxicity, human exposure, and environmental release ofthe PMN substances, based onthe information currently available to the Agency.
Persistent, Bioaccumulative, and Toxic Concerns: When released to the environment, very long chain chlorinated paraffins ("vLCCPs"

- alkyl chain length of21 or more) are expected to rapidly partition to particulates and sediments where they are anticipated to persist in the environment with half-lives ofmonths or greater. Ifthey do degrade over time, these substances are expected to form shorter chain halogenated chemicals. Based onthe complex starting mixtures, lack ofdata on biological and abiotic reactions, and potential degradation products, there is high uncertainty regarding the fate and transport ofthese substances. Nevertheless, by analogy to medium chain chlorinated paraffins (MCCPs

- alkyl chain length of 14 to 17), EPA expects vLCCPs and possible degradation products to be potentially highly persistent, potentially bioaccumulative, and potentially toxic: Transport and magnification across trophic levels ;nay also result intoxicity to higher organisms, including fish, higherpredators, and potentially humans.
Within the vLCCPs category, EPA expects the shorter carbon chain range ofthese substances (C21-C24) and lower chlorinated substances (degree chlorinated less than 50%) to present the greatest potential for risk, as they may be the most bioaccumulative, mobile inthe environment, and toxic. As stated above, the Agency has concerns about the potential for the PMN substances to degrade to shorter chain chlorinated compounds; however, EPA also has concerns about potential impurities or small fractions ofMCCPs and/or long-chain chlorinated paraffinsVI ("LCCPs"

- alkyl chain lengths of 18 to 20) that may bepresent as impurities. EPA has determined that each ofthe PMN substances will contain less than I wt% MCCPslLCCPs (P-12- 0539 originally contained more than I wt% MCCPs and LCCPs, but the Company amended this PMN to reduce the level ofimpurities). This fraction ofMCCPslLCCPs may present a comparable or greater potential risk compared to the vLCCP fraction, even though there are limited amounts ofthe MCCPILCCP congeners present in the PMN substances.

Human Health Effects Sunnnarv: The Company did not provide any information on the toxicity ofvLCCPs in humans. Acute oral toxicity data in animals show that vLCCPs are ofvery low acute toxicity. Studies in animals have shown that some vLCCPs mayhave the potential to cause slight skin irritation and sensitization, butno eye irritation potentiaL The liver is the main target organ ofvLCCPs in repeated-dose studies in experimental animals. Inflannnatory and necrotic changes ofthe liver
were observed inrats exposed to a vLCCP (C20•30, 43 wt% Cl) at dose levels of 100 milligrams perkilograin ofhodyweightper day (mglkg-bw/day) and above. For another vLCCP (C20-26, 70 wt% Cl), effects inthe liver occurred at a very high dose level of3,750 mg/kg-bw/day; the NoObserved-Adverse-Effect-Level ("NOAEL") was 900 

### mg/kg-bw/day.

An increased incidence ofmalignant lymphoma in male mice was reported atthe highest dose of 5,000 mglkg-bw/day when tested using a vLCCP (C23 , 43 wt% Cl) in carcinogenicity studies in male and female rats and mice. Malignant lymphoma is one ofthe more variable tumors in mice and has a viral origin in many cases. In addition, data on the analogous short-chain chlorinated paraffins ("SCCPs") have shown no increase in the incidence ofmalignant lymphoma in aV11 carcinogenicity study ofSCCPs. Therefore, EPA concludes that the increased incidence of malignant lymphoma in male mice was not test-article related. Based on the foregoing information, along with the lack of

### in vitro and 

### in vivo genotoxicity ofvLCCPs, the Agency concludes that vLCCPs are not expected to pose a carcinogenic hazard to humans.

Several prenatal developmental toxicity studies with vLCCPs have been conducted inrats and rabbits. No signs ofmaternal toxicity were reported inrats at doses as high as 5,000 mglkgbw/day. A maternal toxicity Lowest-Observed-Adverse-Effect-Level ("LOAEL") was reported inrabbits at 500 mglkg-bw/day, but itwas limited to mirior signs ofclinical toxicity. No signs of
. developmental toxicity were reported in any ofthe available studies, withNOAELs for developmental toxicity of5,000 mglkg-bw/day inrats and> 1,000 mglkg-bw/day in rabbits.

Environmental Effects Summary: Most ofthe data on test substances analogous to vLCCPs have reported difficulties when evaluating aquatic toxicity in the water column. The difficulties included: 1) solubilizing the test substances in solution, 2) measuring the test substance in solution, and 3) characterizing the effect levels for the studies. Based on estimated physical-chemical properties(e.g., water solubility, logarithmic octanol-water partition coefficient, 

### etc.), the Agency expects that all of.the PMN substances will not occur in dissolved form inthe water column, rather the Agency expects the PMN substances to be present inthe water column when exposures occur by adsorption to suspended solids or sediments.

EPA expects that exposure anduptake for all ofthe PMN substances will be very limited fromVlll the aqueous phase. However, as noted above, toxicity to aquatic organisms within the water column is expected to occur only from exposure to suspended solids or sediments. In addition, EPA anticipates that adverse effects may occur, under limited situations, 

### e.g, spills, from physical exposure to slicks at the surface and/or small and large suspended droplets.

Due to the absence ofdata on chronic toxicity to aquatic organisms, sediment-dwelling organisms, andterrestrial plants these endpoints were assessed using experimental data from MCCPs (Cl4-17, 52 wt% Cl). The MCCP data were used inthis PMN evaluation to fill dataneeds for the vLCCPs as a conservative approach for characterizing the potential hazard(s) ofthe PMN substances.

The available experimental studies on vLCCPs indicate thatthe acute toxicity to aquatic organisms is No Effects at Saturation (NES)

- that is, all ofthe PMN substances are not expected to cause acute toxicity to aquatic organisms up to their solubility limit.
Aquatic Acute concentration ofconcern ("CoC") = NES (weight ofevidence based on results ofstudies on the following vLCCP substances: C>20 40-42 wt% CI; C>20 48-54 wt%

For chronic toxicityto aquatic organisms ("Ch V"), the Agencyused analog data from an MCCP for invertebrate toxicity which reported a ChV ofl3 

### f!g/L. Based on OPPT Guidance l
, the ChV is divided by an assessment factor of 10 to derive the CoC of 1.3 f!glL or 1.3 ppb.

1 US EPA, 2012 "Sustainable Futures & P2 Framework Manual." EPA-748-B12-00l, Available at: http://www.epa.gov/oppt/sf/pubs/sf-p2-manual.htrnl
.IX Aquatic Chronic CoC = 

### 1.3 ppb (read-across based on results ofa study on the following MCCP substance: 

### CI4-17 52 wt% CI)

No acute or chronic sediment-invertebrate toxicity data were submittedfor the PMN substances, and the Agency was unable to locate toxicity data for these endpoints. Therefore, an MCCP analog (C 14-17, 52 wt% CI) was used to derive acute and chronic CoCs. The reported Geometric
mean ofthe Maximum Allowable Toxicant Concentration ("GMATC") of 187 mglkg dry weight (dw) (sediment) by Thompson 

### etal. (2002) was used as the principal study for deriving the CoCs. Based on OPPT Guidance2
, the GMATC is first multiplied by an acute to chronic ratio of 10 for invertebrates to yield 1,870 mglkg dw sediment and subsequently divided by an assessment factor of5 to yield an acute CoC of374 mglkg dw (sediment). The GMATC is divided an assessment factor of 10 to yield a chronic CoC of 18.7 mglkg dw (sediment).

Sediment Invertebrate Acute CoC 

### =374 mglkg dw (sediment; read-across based on results ofa study on thefollowing MCCP substance: C 14-17, 52 wt% CI) Sediment Invertebrate Chronic CoC 

### = 18.7 mglkg dw (sediment; read-across based on results ofa study on the following MCCP substance 

### C I4-17, 52 wt% CI)

No acute or chronic terrestrial-invertebrate toxicity data were submitted for the PMN substances, and the Agency was unable to locate toxicity data for these endpoints. Therefore, an MCCP analog (C14 -I7, 52 wt% Cl) was used to derive acute and chronic CoCs for these endpoints, based
on a reported GMATC of 149 mglkg dw (sediment). Based on OPPT Guidance3
, the GMATC isx first multiplied by an acute to chronic ratio of 10 for invertebrates to yield 1,490 mg/kg dw (sediment) and subsequently divided by an assessment factor of5 to yield an acute CoC of298 mg/kg dw (sediment). The GMA TC is divided an assessment factor of 10 to yield a chronic CoC of 14.9 mg/kg dw (sediment).

Terrestrial Invertebrate Acute CoC = 298 mglkg dw (sediment; read-across based on results ofa study on the following MCCP substance: C14-17, 52 wt% CI) TerrestrialInvertebrate Chronic CoC = 

### 15 mg/kg dw (sediment; read-across based on results ofa study on the following MCCP substance: Cl4-17, 52 wt% CI)

Exposure and Environmental Release Summary: P-12-0539: Use 2- Manufacture Process Use I-Metal Compounding working ofRubber Products # Sites 1 6 73 5 Workers 3 4 48 48 (#/site) Exposure 125 120 120 250 (days/year) Dermal Exposure Up to 1,800 Up to 1,800 Up to 2,900 1,800 (mg/day) Inhalation negligible negligible Up to 5.3 (mist) Up to 15 Exposure (mg/day)Xl Releases 1 120 247 250 (days/year) Release to Water Up to 400 Up to 52 25 Up to 111 (kg/day) 14 typical

P-13-0I07

- import only: 

### ProcessinglUse - Compounding of Rubber Products # Sites 4 Workers 48 (#/site) Exposure 250 (days/year) Dermal Exposure Up to 130 (mg/day)
" Inhalation Exposure 15 (mg/day) Releases 300 (days/year)

. Release to Water 20.5 (kg/day)

P-13-0109: 

### Processing for Use 2

- 

### Use I-Metal Compoundin Manufacture Metal working working g 

### ofRubber Products # Sites I 6 29 5Xll 

### Processing for Use 2- Use 

### 1-Metal Componndin Manufacture Metal working working gofRubber Products Workers 9 4 1,392 240 (#/site) Exposure 50 120 247 250 (days/year) Dennal Exposure Up to 1,800 Up to 1,800 Up to 2,900 1,800 (mg/day) Inhalation Exposure negligible negligible Up to 2.1 (mist) Up to 15 (mg/day) Releases I 

### 1 247 250 (days/year) Release to Water Up to 400 67 25 Up to 340 (kg/day) 14.8 typical

The substances meetthe following New Chemicals Exposure Based Criteria: P-12-0539 Annual Releases to Surface 56,000 kg/yr Water After Treatment Fish Ingestion Dose 0.0042 mg/kg/day Groundwater Dose 0.0039 mg/kg/day Total Releases After 550,000 kg/yr Treatment P-13-0107 Annual Releases to Surface 2,460 kg/yr Water After Treatment Total Releases After 30,200 kg/yr Treatment P-13-0109 Annual Releases to Surface 6,572 kg/year Water After Treatment Total Releases After 242,000 kg/year TreatmentX111 Risk(s) to Workers: Based onthe expected limited absorption ofall the PMN substances, all margins ofexposure (MOEs) were above the benchmark value of30. EPA did not identify any unreasonable risks to workers from vLCCPs. ofLimiting MCCPs/LCCPs total impurities to 1 wt% or less, EPA did not identify unreasonable risks to workers from these impurities.
Risk(s) to General Public: EPA did not identify unreasonable risks to the general public from environmental releases of vLCCPs.
Risk(s) to Consumers: EPA did not identify unreasonable risks to consumers from vLCCPs as there were no consumer
uses identified inthe PMNs.



## v. EPA'S 

### CONCLUSIONS OF LAW The following findings constitute the basis ofthe Consent Order: (a) EPA is unable to determine the potential for adverse environmental effects fromexposures ofaquatic organisms to the PMN substances, potential impurities, and potential degradants. Therefore, EPA concludes, pursuantto §5(e)(I)(A)(i) ofTSCA, thatthe information available to the Agency is insufficient to permit a reasoned evaluation ofthe potential adverse environmental effects ofthe PMN substances.XlV (b) In light ofthe potential risks ofadverse environmental effects posed by the uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substances, EPA has concluded, pursuantto § 5( e)(1)(A)(ii)(I) ofTSCA, that uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substances maypresent an uureasonable risk ofinjury to the environment.
(c) In light ofthe estimated production volume and environmental releases ofthe PMN substances, EPA has further concluded, pursuantto § 5(e)(1)(A)(ii)(II) ofTSCA, that the PMN substances will be produced in substantial quantities and may reasonably be anticipated to enter the environment in substantial quantities, and there may be significant (or substantial) human exposures to the PMN substances.



### VI. INFORMATION REQUIRED TO EVALUATE HUMAN HEALTH AND ENVIRONMENTAL EFFECTS Triggered Testing. The Order prohibits the Company from exceeding specified production volumes during various phases unless the Company submits the information described in the Testing section ofthis Order in accordance with the conditions specified inthe Testing section.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 

# CONTAINS NO CBI

CONSENT ORDER

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

(a) Scope. The requirements ofthis Order apply to all commercial mannfacturing, processing, distribution in commerce, use, and disposal ofthe chemical substances:

P-12-0539: Alkanes, C21 . 34 - branched and linear, chloro (CASRN: 139-2825-28-3); P-13-0107: Alkanes, C22. 30 - branched and linear, chloro (CASRN: 1401947-24-0); and P-13-109 Alkanes, C24.28, chloro (CASRN: 1402738-52-6)
("the PMN substances") in the United States by Trinity Manufacturing, Inc. ("the Company"), except to the extent that those activities are exempted by paragraph (b).
(b) Exemptions. Manufacturing, processing, distribution in cormnerce, use and disposal ofthe PMN substances is exempt from tIle requirements ofthis Order (except the requirements in the Recordkeeping and Successor Liability Upon Transfer OfConsent Order sections) only to the

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable· Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper2 extent that (1) these activities are conducted in full compliance with all applicable requirements of the 

### follov",\Ii.'lg exenlptions, and (2) such 

### ,:::Glnplian.ce is docurnented by appropriate**~l'ecordkeeping** as reauired in the RecordkeCDing section ofthis Order. '- .< '-'
(l) Export. Until the COmpfu'1Y begins commerciallllfu""lufacture ofa PMN substance subject to this Order for use in the United States, the requirements ofthis Order do not applyto manufacture, processing or distribution in connnerce ofthatPMN substance or substances solely for export in accordance with TSCA §§12(a) and 12(b), 40 CFR 720.3(s) and 40 CFR Part 707. However, once the Company begins to manufacture that PMN substance or substances for use in the United States, no further activity by the Company involving the PMN substance is exempt as "solelyfor export" even ifsome amount ofthat PMN substance or substances isfare later exported. At thatpoint, the requirements ofthis Order applyto all activities associated with that PMN substance or substances while inthe territory ofthe United States. Prior to leaving U.S. territory, even those quantities orbatches ofthat PMN substance or substances that are destined for export are subject to terms ofthe Order, and count towards anyproduction volume testtriggers in the Testing section ofthis Order. (2) Research & Development ("R&D"). The requirements of this Order do not apply to manufacturing, processing, distribution in connnerce, use and disposal ofthe PMN substances in small quantities solely for research and development in accordance with TSCA §5(h)(3), 40 CFR 720.3(cc), and 40 CFR 720.36. The requirements ofthis Order also do not apply to manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substances when manufactLl'"ed solely for non-commercial research and development per TSCA §5(i) fu'1d**~o** CFR 720.30(1).-2- 

### (3) Byproducts. The requirements ofthis Order do not apply to the PMN substances when they are produced, without separate commercial intent, only as a "byproduct" as defmed at 40 CFR no.3( 

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



### (4) No Separate Commercial Purpose. The requirements ofthis Order do not apply to the PMN substances when they are manufactured, pursuant to any ofthe exemptions in40 CFR nO.30(h), withno commercial purpose separate from the substance, mixture, or article ofwhich it is a part. (5) Imported Articles. The requirements ofthis Order do not apply to the PMN substances when they are imported as part ofan "article" as defmed at 40 CFR nO.3( 

### c) and in compliance with 40 CFR720.22(b)(I).
(c) Automatic Sunset. Ifthe Company has obtained for a PMN substance subject to this Order a Test Market Exemption ("TME") under TSCA §5(h)(1) and 40 CFR nO.38 

### or a Low Volume Exemption ("LVE") or Low Release and Exposure Exemption ("LoREX") under TSCA §5(h)( 4) and 40 CFR n3.50( 

### c)(1) and (2) respectively, any such exemption is automatically rendered null and void as ofthe effective date ofthis Consent Order.

II. TERMS OF MANUFACTURE, IMPORT, PROCESSING,

DISTRIBUTION IN COMMERCE, USE, AND DISPOSAL PENDING SUBMISSION AND EVALUATION OF INFORMATION
PROHmITION The Company is prohibited from manufacturing, importing, processing, distributing in commerce, using, or disposing ofthe PMN substances inthe United States, for any nonexempt- 3 - commercial purpose, pending the development ofinformation necessary for a reasoned evaluation ofthe environmental effects ofthe substances, and the completion ofEPA's review of, and regulatory action based on, that information, except in accordance with the conditions described in this Order.



### TESTING (a) Section 8ee) Reporting. Reports ofinformation on a PMN substance which reasonably supports the conclusion that a PMN substance presents a substantial riskofinjury to health or the environment and which is required to be reported under TSCA section 8( e) shall reference the appropriate PMN identification mnnber for this substance and contain a statement that the substance is subject to this Consent Order. Additional information regarding section 8( e) reporting requirements canbe found at 

### www.epa.gov/oppt/tsca8e.
(b) Notice ofStudy Scheduling. The Company shall notify, in writing, the EPA Monitoring Assistance and MediaPrograms Division (2227A), Office ofEnforcement and Compliance Assurance, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, ofthe following information within 10 days ofscheduling any study required to be performed pursuant to this Order, or within 15 days after the effective date ofthis Order, whichever is later: (I) The date when the study is scheduledto commence; (2) The name and address ofthe laboratory which will conduct the study; (3) The name and telephone number ofa person at the Company or the laboratory whom EPA may contactregarding the study; and,- 4

- (4) The appropriate PMN identification number for each substance and a statementthat the substance is subject to this Consent Order.
(c) Good Laboratory Practice Standards and Test Protocols. Each study performed to address the risks identified in this Order must be conducted according to TSCA Good Laboratory Practice ("GLP") Standards at 40 CFRPart 792 and using methodologies generally accepted in the relevant scientific community atthe time the study is initiated. Before starting to conduct any study, the Company must submit written test protocols to EPA for review. Protocols must be submitted as a support document for the PMN, using the procedures set out in 40 CFR 720040. EPA will respond to the Company within 4 weeks ofreceiving the written protocols. EPA review ofa test protocol does notmean pre-acceptance oftestresults.
(d) Triggered Testing Requirements. The Company is prohibited from manufacturing or importing the PMN substances after a certain date (calculated from the first notice of commencement) and/or aggregate manufacture and import volumes for different phases ("the production limit") that considers all ofthe PMN substances, unless the**Comp~ny** conducts the following studies and submits all final study reports and underlying "raw data", as defmed in 40 CFRPart 792, in accordance with the conditions specified in this Testing section.

Phase Production Limit Study and Guideline Substances 1 1,200,000 kg Analysis for chain length P-12-0539, P-13-0107, and P-13- cumulative, aggregate and wt"/o Cl (for example 0109 production volume by GCIMS HPLCIMS) or andpresent EPAwith a 9 months, whichever certificate ofanalysis, comes earlier certificate ofcompliance- 5 - Phase Production Limit Studv and Guideline Substances with GLP standards, and all "raw data" for congener analysis. 2a 4 years, 4 months An inherent 

## • Three chlorinated linear C21 or biodegradation study- paraffin fractions to represent 14,100,000 kg, highly modified SCAS each ofthe 40%, 55%, and> cumulative, aggregate (OPPTS 70% chlorine by weight. production volume, 835.3210/835.5045 or 

## • Three chlorinated C26 linear whichever comes OECD 302A) or Zahn paraffin fractions to represent earlier Wellens (OPPTS each ofthe 40%,55%, and> 835.3200 or OECD 302B) 70% chlorine by weight.

- with analytical 

### • Three chlorinated linear procedures capable of paraffin fractions, whose chain measuring individual length represents the central congeners and degradation tendency ofthe congener products over time. distribution ofthe vLCCP product as identified in Phase I testing, to represent each ofthe 40 

### wt"1o, 55 

### wt"1o, and> 70 wt% chlorine byweight. 2b 12 years, 8 months Bioaccumulation in 

## • Three chlorinated linear C21 or Sediment-dwelling paraffin fractions to represent 59,100,000 kg Benthic Oligochaetes each ofthe 40%, 55%, and> cumulative, aggregate (OECD 315) 70% chlorine by weight. productionvolume, 

## • Three chlorinated C26 linear whichever comes paraffm fractions to represent earlier each ofthe 40%, 55%, and> 70% chlorine by weight. 

## • Three chlorinated linear paraffin fractions, whosephain lengthrepresents the central tendency ofthe congener distribution ofthe vLCCP product as identified in Phase I testing, to represent each ofthe 40 wt%, 55 wt%, and> 70 wt% chlorine by weight. 2b 12 years, 8 months Aerobic and anaerobic 

## • Three chlorinated linear C21 or 59,100,000 kg soil metabolism studies paraffin fractions to represent cumulative, aggregate (OECD 307) with each ofthe 40%, 55%, and> production volume, analytical procedures 70% chlorine byweight. whichever comes capable ofmeasuring 

## • Three chlorinated C26 linear- 6 - Phase Production Limit Studv and Guideline Substances earlier individual congeners and paraffin fractions to represent degradation products over each ofthe 40%,55%, and> time. 70% chlorine by weight. 

## • Three chlorinated linear paraffin fractions, whose chain length represents the central tendency ofthe congener distribution ofthe vLCCP product as identified in Phase 1 testing, to represent each ofthe 40 wt%, 55 wt%, and> 70 wt% chlorine by weight. 3 15 years, 5 months or Sediment-Water 

## • For any ofthe parent 78,400,000 kg Chironomid Life-Cycle substances in Phase 2b testing cumulative, aggregate Toxicity Test Using that are absorbed by the production volume, Spiked Water or Spiked Benthic Oligochaetes whichever comes Sediment (OECD 233) earlier OR4 Sediment-Water Lumbriculus Toxicity Test Using Spiked Sediment (OECD 225) 3 15 years, 5 months or Bioaccumulation in 

## • For any ofthe degradation 78,400,000 kg Sediment-dwelling prod!lcts in Phase 2a or 2b that cumulative, aggregate Benthic Oligochaetes are identified to potentially production volume, (OECD 315) present an unreasonable risk or whichever comes to further degrade to generate a earlier substance ofpotential concern 4 16 years, 5 months or Sediment-Water 

## • For any ofthe degradation 86,100,000 kg Chironomid Life-Cycle substances in Phase 3 testing cumulative, aggregate Toxicity Test Using that are absorbed by the production volume, Spiked Water or Spiked Benthic Oligochaetes whichever comes Sediment (OECD 233) earlier OR5

4 Ifthe degradation half-life ofthe test substance is 28 days or shorter from Phase 2, OECD 225 is an acceptable guideline; otherwise, OECD 233, a whole lifecyde test, mustbe conducted. 51d.- 7 - Phase Productiou Limit Studv aud Guideline Substances Sediment-Water . Lumbriculus Toxicity Test Using Spiked Sediment (OECD225)
EPA will evaluate the results ofthe Bioaccumulation in Sediment-dwelling Benthic Oligochaetes study (OECD 315) in Phases 2b and 3 to determine ifa Bioaccumulation in Terrestrial Oligochaetes (OECD 317) study is warranted for any ofthe parent or degradation products. If, based on the results oftesting conducted under the Consent Order, EPA determines that the PMN substances or any degradation products will ormaypose an unreasonable risk to human health or the environment, EPA may specify in a written notice to the Company that the Company undertake certain actions concerning further testing, manufacture, import, processing, distribution, use and/or disposal ofthe PMN substances to mitigate exposures to or to better characterize the risks presented by the PMN substances or its degradation products. (e) 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 ofany interim phase ofeach study; and (3) submit the final report ofeach study (with an additional sanitized copy, if confidential business information is involved) and all underlying data ("the report and data") to EPA prior to exceeding the applicable production limit. The final report and data must be submitted as a support document for the PMN, using the procedures set out in 40 CFR 720040. The final report shall contain the contents specified in 40 CFR 792.185
..Underlying data shall be submitted to EPA in accordance with the applicable "Reporting," "Data and Reporting," and "Test Report" subparagraphs in the applicable test guidelines. However, for purposes ofthis Consent- 8

- Order, the word "should" in those subparagraphs shall be interpreted to mean "shall"to make clear that the submission ofsuch information is mandatory. EPA will require the submission ofraw data such as slides and laboratory notebooks only ifEPA finds, on the basis ofprofessionaljudgment, that an adequate evaluation ofthe study cannot take place in the absence ofthese items.
(f) Testing Waivers. The Company is not required to conduct a study specified inparagraph (d) ofthis Testing section ifnotified in writing byEPA that it is unnecessary to conduct that study.
(g) Equivocal Data. IfEPA fmds that the data generated by a study are scientifically equivocal, the Company may continue to manufacture and import the PMN substances beyond the applicable production limit. To seek relieffrom any other restrictions ofthis Order, the Company may make
a second attempt to obtain unequivocal data byreconducting the study under the conditions specified in paragraphs (b), (c), and (e) (except that the study may be submitted after reaching the applicable production limit). The testing requirements may be modified, as necessary to permit a reasoned evaluation ofthe risks presented by the PMN substances, only by mutual consent ofEPA and the Company.
(h) EPA Determination ofInvalid Data. (1) Except as described in subparagraph (h)(2), if, within 6 weeks ofEPA's receipt ofa test report and data, the Company receives written notice that EPA fmds that the data generated by
a study are scientifically invalid, the Company is prohibited from further manufacture and import ofthe PMN substances beyond the applicable production limit.-9- (2) The Company may continue to manufacture and import the PMN substances beyond the applicable production limits only ifso notified, in writing, by EPA in response to the Company's compliance with either ofthe following subparagraphs (h)(2)(i) or (h)(2)(ii). (i) Ifthere is sufficient time to reconduct the study in compliance withparagraphs (b), (c), and (e) before exceeding the applicable production limit specified in paragraph (d), the Company may reconduct the study. Ifthere is insufficient time to reconduct the study in compliance with paragraphs (b), (c), and (e) before exceeding a production limit specified in paragraph (d), the Company may exceed that production limit (the applicable limit associated with the particular test), but must otherwise comply with paragraphs (b), (c), and (e), and shall submit the report and datato EPA within 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 ofreceiving from EPA the notice described in subparagraph (h)(I), submit to EPA a written report refuting EPA's finding. EPA will respond to the Company, in writing, within 4 weeks ofreceivingthe Company's report.
(i) Company Determination ofInvalid Data. (I) Except as described in subparagraph (i)(2), ifthe Company becomes aware that circumstances clearly beyond the control ofthe Company or laboratory will prevent, or.have prevented, development ofscientifically valid data under the conditions specified inparagraphs (c) and (e), the Company remains prohibited from further manufacture and import ofthe PMN substances beyond the applicable production limit.

### - 10- (2) The Company may submitto EPA, within 2 weeks offirst becoming aware ofsuch circumstances, a written statement explaining why circumstances clearly beyond the control ofthe Company or laboratory will cause or have caused development ofscientificallyinvalid data. EPA will notify the Company ofits response, inwriting, within 4 weeks ofreceiving the Company's report. EPA's written response may either: (i) allowthe Company to continue to manufacture and importthe PMN substances beyond the applicable production limit, or (ii) require the Company to continue to conduct, or to reconduct, the study in compliance withparagraphs (b), (c), and (e), ifthere is sufficient time to conduct or reconduct the sh).dy and submit the report and data to EPA before exceeding the production limit specified in paragraph (d). Ifthere is insufficient time for the Companyto comply with paragraphs (b), (c), and (e) before exceeding the production limit specified inparagraph (d), the Company may exceed

. the production limit, but must otherwise comply with paragraphs (b), (c), and (e), and shall submit

the report and datato EPA within a reasonable period oftime, all as specified byEPA in the notice described in subparagraph (i)(2). EPA will respond to the Company, in writing, within 6 weeks of receiving the Company's report and data, as to whether the Company may continue to manufacture and import beyond the applicable production limit.


### G) Unreasonable Risk. EPA may notify the Company in writing that EPA fmds that the data generated by a study
are scientifically valid and unequivocal and indicate that, despite the terms ofthis Order, the PMN substances will ormaypresent an unreasonable risk ofinjury to human health or the environment. EPA's notice may specify that the Company undertake certain actions concerning further testing,- 11 - 

### manufacture, import, processing, distribution, useandlor disposal ofthe PMN substances to mitigate exposures to or to better characterize the risks presented bythe PMN substances. Within 2 weeks from receipt ofsuch a notice, the Company must cease all manufacture, import, processing, distribution, use and disposal ofthe PMN substances, unless either: (1) within 2 weeks from receipt ofthe EPA notice, the Company complies with such requirements as the notice specifies; or (2) within 4 weeks from receipt ofthe EPA notice, the Company submits to EPA a written report refuting EPA's finding andlor the appropriateness ofany additional requirements imposed by EPA. The Company may continue to manufacture, import, process, distribute, use and dispose ofthe PMN substances in accordance with the terms ofthis Order pending EPA's response to the Company's written report. EPA will respond to the Company, in writing, within 4 weeks of receiving the Company's report. Within 2 weeks ofreceipt ofEPA's written response, the Company shall comply with any requirements imposed by EPA's response or cease all manufacture, import, processing, distribution, use and disposal ofthe PMN substances.
(k) Other Requirements. Regardless ofthe satisfaction ofany other conditions in this Testing section, the Company must continue to obey all the terms ofthis Consent Order until otherwise notified in writing by EPA. The Company may, based upon submitted test data or other relevant information, petition EPA to modify or revoke provisions ofthis Consent Order pursuant to Part VI. ofthis Consent Order.

### - 12

- RISK NOTIFICATION· (a) Ifas a result ofthe test data required under the terms ofthis Order, the Company becomes
aware that the PMN substances maypresent a risk ofinjury to the environment (or is so notified by EPA), the Company must incorporate this new information, and any information on methods for protecting against suchrisk, into a Material Safety Data Sheet ("MSDS"), as described in 40 CFR section 721.72(c), within 90 days from the time the Company becomes aware ofthe new information. Ifthe PMN substances is not being manufactured, imported, processed, orused in the Company's workplace, the Company must add the new information to an MSDS before the PMN substances is reintroduced into the workplace.
(b) 

### The Company must ensure that persons who will receive the PMN substances from the Company, or who have received the PMN substances from the Company within 5 years from the date the Company becomes aware ofthe new information described in paragraph (a) ofthis section, are provided an MSDS containing the information required underparagraph (a) within 90 days from the time the Company becomes aware ofthe new information.

MANUFACTURING (a)(1) Prohibition. The Company shall not cause, encourage, or suggest the manufacture or import ofthe PMN substances by any other person. (2) Sunset Following SNUR. Subparagraph (a)(l) shall expire 75 days after promulgation ofa [mal significant newuse rule ("SNUR") governing the PMN substances under section 5(a)(2)

### - 13- ofTSCA unless the Company is notified on or before that day ofan action in a Federal Court seekingjudicial review ofthe SNUR
..Ifthe Company is so notified, subparagraph (a)(1) shall not expire until EPA notifies the Company in writing that all Federal Court actions involving the SNUR have been resolved and the validity ofthe SNUR affirmed. (3) Notice ofSNUR. When EPA promulgates a [mal SNUR for the PMN substances and subparagraph (a)(l) expires in accordance with subparagraph (a)(2), the Company shall notify each person whom it causes, encourages or suggests to manufacture or import the PMN substances ofthe existence ofthe SNUR.
(b) The Company shall not manufacture the PMN substances with the amount ofchlorinated paraffins with an alkyl chain ::; 20 to exceed more than 1 % ofthat PMN substance byweight.



### III. RECORDKEEPING (a) Records. The Company shall maintainthe following records until 5 years after the Gate they
are created and shall make them available for inspection and copying by EPA in accordance with section 11 ofTSCA: (1) Exemptions. Records documenting thatthe PMN substances did infact qualify for any
one or more ofthe exemptions described in Section I, Paragraph (b) ofthis Order. Such records must satisfy all the statutory and regulatory recordkeeping requirements applicable to the exemption being claimed by the Company. Any amounts or batches ofthe PMN substances eligible for the export only exemption in Section I, Paragraph (b)(l) ofthis Order are exempt from

### - 14

- all the requirements in this Recordkeeping section, ifthe Company maintains, for 5 years from the date oftheir creation, copies ofthe export label and export notice to EPA, required by TSCA sections 12(a)(I)(B) and 12(b), respectively. Any amounts or batches ofthe PMN substances eligible for the research and development exemption in Section I, Paragraph (b)(2) ofthis Order
are exempt from all the requirements inthis Recordkeeping section, ifthe Company maintains, for 5 years from the date oftheir creation, therecords required by 40 CFR nO.78(b). 

### For any amounts or batches ofthe PMN substances claimed to be eligible for any other exemption described in Section I, Paragraph (b) ofthis Order, the Company shall keep records demonstrating qualification for that exemptionas well as the records specified inparagraphs (2) and (3) below, but is exempt from the other recordkeeping requirements in this Recordkeeping section; (2) Records documenting the manufacture and importation volume ofthe PMN substances and the corresponding dates ofmanufacture and import; (3) Records documenting the names and addresses (including shipment destination address, if

### different) ofall persons outside the site ofmanufacture or import to whom the Company directly sells or transfers the PMN substances, the date ofeach sale or transfer, and the quantity ofthe substances sold or transferred on such date; (4) Records documenting the address ofall sites ofmanufacture, import, processing, and use; 

### (5) Records documenting compliance with any applicable manufacturing, processing, use, and distribution restrictions in the Manufacturing and Distribution sections ofthis Order, including distributees' written agreementto comply with the Distribution section ofthis Order; (6) Copies ofany Transfer Documents and notices required bythe Successor Liability section ofthis Order, ifapplicable; and,

### - 15

- (7) The Company shall keep a copy ofthis Order at each ofits sites where the PMN substances is manufactured or imported.
(b) Applicability. The provisions ofthis Recordkeeping Section are applicable onlyto activities ofthe Company and its Contract Manufacturer, ifapplicable, and not to activities ofthe 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 currently valid control number from the Office of Management and Budget ("OMB"), and EPAso 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. REOUESTS FOR PRE-INSPECTION INFORMATION 

### (a) EPA's Request for Information. Pursuantto section 11 

### ofTSCA and 40 CFR 720.122, EPA may occasionally conduct on-site compliance inspections ofCompany facilities and conveyances associated with the PMN substances. To facilitate such inspections, EPA personnel may contact the Company in advance to request information pertinent to the scheduling and conduct ofsuch inspections. Such requests may be written or oral. The types ofinformation that EPA may request include, but are not limited to, the following: (1) Expected dates and times when the PMN substances will be inproduction within the subsequent 12 months;

### (2) Current workshift schedules for workers who are involved in activities associated with the PMN substances and may reasonably be exposed to the PMN substances; (3) Currentjob titles or categories for workers who are involved in activities associated with the PMN substances and may reasonablybe exposed to the PMN substances; (4) Existing exposure monitoring data for workers who are involved in activities associated withthe PMN substances and may reasonably be exposed to the PMN substances; (5) Records required by the Recordkeeping section ofthis Order; and/or,

, (6) Any other information reasonably related to determining compliance with this Order or conducting an inspection for that purpose.
(b) Company's Response. The Company shall respond to such requests within a reasonable period oftime, but inno event laterthan 30 days after.receiving EPA's request. When requested in writing byEPA, the Company's response shall be in writing. To the extent the information is knownto orreasonably ascertainable bythe Company atthe time ofthe request, the Company's response shall demonstrate a good faith effort to provide reasonably accurate and detailed answers to all ofEPA's requests.
(c) Confidential Business Information. Any Confidential Business Information ("CEI") that the Company submits to EPA pursuant to paragraph (b) shall be protected in accordance with 

### §14 of TSCA and 40 CFR Part 2.- 17 - 

### V. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope: This section sets forth the procedures by which the Company's rights and obligations under this Order may be transferred when the Company transfers its interests in a PMN substance
or substances subject to this Order, including the right to manufacture that PMN substance, to another person outside the Company (the "Successor in Interest").
(b) Relation ofTransfer Date to Notice ofCommencement ("NOC"). (1) Before NOC. Ifthe transfer from the Company to the Successor inlnterest is effective before EPAreceives a notice ofcommencement ofmanufacture 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) ofTSCA and 40 CFRpart 720 before commencing manufacture or import ofthe PMN substance. (2) AfterNOC. Ifthe transfer from the Coiupany to the Successor in Interest is effective after EPA receives a NOC, the Successor in Interest shall comply with the terms ofthis Order and shall not be required to submit a new PMN to EPA.
(c) DefInitions. The following defInitions applyto this Successor Liability section ofthe Order: (1) "Successor in Interest" means a person outside the Company who has acquired the Company's full interest in the rights to manufacture the PMN substance, including all ownership rights and legal liabilities, through a transfer document signed bythe Company, as transferor, and the Successor in Interest, as transferee. The term excludes persons who acquire less thanthe full interest ofthe Company in the PMN substance, such as a licensee who has acquired a limited license to the patent or manufacturing rights associated with the PMN substance. A Successor in- 18

- 

### Interest must be incorporated, licensed, or doing business inthe United States in accordance with 40 CFR nO.22(a)(3) and 40 CFR nO.3(z). 

### (2) "Transfer Document" means the legal instrument(s) used to convey the interests inthe PMN substance, including the right to manufacture the PMN substance, from the Companyto the Successor in Interest.
(d) Notices. (I) Notice to Successor in Interest. On or before the effective date ofthe transfer, the Company shall provide to the Successor in Interest, by registered mail, a copy ofthe Consent Order and the "Notice ofTransfer" document which is incorporated by reference as Attachment B to this Order. (2) Notice to EPA. Within 10 business days ofthe effective date ofthe transfer, the Company shall, byregistered mail, submit the fully executed Notice ofTransfer document to: U.S.'Enviromnental Protection Agency, New Chemicals Management Branch (7405), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460. (3) Transfer Document. Copies ofthe Transfer Document must be maintained by the Successor in Interest at its principal place ofbusiness, and at all sites where the PMN substance is manufactured or imported. Copies ofthe Transfer Document must also be made available for inspection pursuant to Section 11 ofTSCA, must state the effective date oftransfer, and must contain provisions which expressly transfer liability for the PMN substance under the terms ofthis Order from the Company to the Successor in Interest.- 19

- (e) Liability. 

### (1) The Company shall be liable for compliance with the requirements ofthis Order until the effective date ofthe transfer described above. (2) The Successor in Interest shall be liable for compliance with the requirements ofthis Order effective as ofthe date oftransfer. (3) Nothing inthis section shall be construed to prohibit the Agency from taking enforcement action against the Company after the effective date ofthe transfer for actions taken, or omissions made, during the time in which the Company manufactured, processed, used, distributed in commerce, or disposed ofthe PMN substance pursuant to the terms ofthis Consent Order.
(f) Obligations to Submit Test Dataunder Consent Order. Ifparagraph (d) ofthe Testing section ofthis Consent Order requires the Company to submit test data to EPA at a specified production volume ("test trigger"), the aggregate volume ofthe PMN substancesmanufactured and imported bythe Companyup to the date oftransfer shall count towards the test trigger applicable to the Successor in Interest.



### VI. MODIFICATIONAND REVOCATION OF CONSENT ORDER The Company may petition EPA at any time, based upon new information onthe human health or environmental effects of, or human exposure to or environmental release of, the PMN substances, to modify or revoke substantive provisions ofthis Order. The exposures and risks identified byEPA duringits review ofthe PMN substances and the information EPA determined to be necessary to evaluate those exposures and risks are described in the preamble to this Order. However, in determining whether to amend or revoke this Order, EPA will consider all relevant- 20- information available atthe time the Agency makes that determination, including, where appropriate, any reassessment ofthe test data or other information that supports the findings in this Order, an examination ofnewtest data or other information or analysis, and any other relevant information. EPA will issue a modification or revocation ifEPA determines that the activities proposed therein will not present an unreasonable risk ofinjury to health or the environment (lnd will not result in significant or substantial human exposure or substantial environmental release in the absence ofdata sufficientto permit a reasoned evaluation ofthe health or environmental effects of the PMN substances. In addition, the Company may petition EPA at any time to make other modifications to the language ofthis Order. EPA will issue such a modification ifEPA determines that the modification is useful, appropriate, and consistent with the structure and intent ofthis Order as issued.- 21

- 

### VII. EFFECT OF CONSENT ORDER (a) Waiver. Byconsenting to the entry ofthis Order, the Company waives its rights to file objections to this Order pursuant to section 5(e)(I)(C) ofTSCA, to receive service ofthis Order no laterthan45 days before the end ofthe reviewperiod pursuant to section 5( e)(1)(B) ofTSCA, and to challenge the validity ofthis Order in any subsequent action. Consenting to the entry ofthis Order, and agreeing to be bound by its terms, do not constitute an admission bythe Company as to the facts or conclusions underlying the Agency's determinations in this proceeding. This waiver does not affect.any other rights thatthe Company may have under TSCA.
(b) CEl Brackets. By signing this Order, the Company represents that it has carefully reviewed this document and hereby agrees that no information herein is claimed as confidential bythe Company (per section 14 ofTSCA, 40 CFRPart 720 Subpart E, and 40 CFRPart 2). EPA will make this document available for public viewing.

# ~ec%'~'- Maria

### J. Doa,F,mrector Chemical Control Division Office ofPollution Prevention and Toxics 

# -=st**£::~~~..** 

# ;'

Name: Vic

# Perr~ Title: ChiefOperating Officer Company: Trinity Manufacturing Inc.

### ATTACHMENT A DEFINITIONS [Note: The attached Order may not contain some of the terms defined below.] “Chemical name” means the scientific designation of a chemical substance in accordance with the nomenclature system developed by the Chemical Abstracts Service’s rules of nomenclature, or a name which will clearly identify a chemical substance for the purpose of conducting a hazard evaluation. “Chemical protective clothing” means items ofclothing 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 chemical substance or any mixture containing the chemical substance in a commercial enterprise providing saleable goods or a service to consumers (e.g., a commercial dry cleaning establishment or painting contractor). “Common name” means any designation or identification such as code name, code number, trade name, brand name, or generic chemical nameused to identify a chemical substance other than by its chemical name. “Consumer” means a private individual who uses a chemical substance or any product containing the chemical substance in or around a permanent or temporary household or residence, during recreation, or for any personal use or enjoyment. “Consumer product” means a chemical substance that is directly, or as part of a mixture, sold or made available to consumers for their use in or around a permanent or temporary household or residence, in or around a school, or in recreation. “Container” means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. “Contract Manufacturer” means a person, outside the Company, who is authorized to manufacture and import the PMN substance under the conditions specified inPart II. of this Consent Order and in the Consent Order for Contract Manufacturer. “Identity” means any chemical or common name used to identify a chemical substance or a mixture containing that substance.

### 2 “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 transferred it from a labeled container and will only be used by that person withinthe 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 conditions of, and the duration of, exposure. “Manufacturing stream” means all reasonably anticipated transfer, flow, or disposal of a chemical substance, regardless of physical state or concentration, through all intended operations 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 Institute for Occupational Safety and Health of the U.S. Department of Health and Human Services. “Non-enclosed process” means any equipment system (such as an open-top reactor, storage tank, or mixing vessel) in which a chemical substance is manufactured, processed, or otherwise used where significant direct contact of the bulk chemical substance and the workplace air may occur. “Non-industrial use” means use other than at a facility where chemical substances or mixtures are manufactured, imported, or processed. “PMN substance” means the chemical substance described in the Premanufacture notice submitted by the Company relevant to this Order. “Personal protective equipment” means any chemical protective clothing or device placed on the body to prevent contact with, and exposure to, an identif ied chemical substance or substances in the work area. Examples include, but are not limited to, chemical protective clothing, aprons, hoods, chemical goggles, face splashshields, or equivalent eye protection, and various types of respirators. Barrier creams are not included in this definition. “Process stream” means all reasonably anticipated transfer, flow, or disposal of a chemical substance, regardless of physical state or concentration, through all intended operations of processing, including the cleaning of equipment. “Scientifically invalid” means any significant departure from the EPA-reviewed protocol or the Good Laboratory Practice Standards at 40 CFR Part 792 without prior or subsequent Agency review that prevents a reasoned evaluation of the health or environmental effects of the PMN substance.

### 3 “Scientifically equivocal data” means data which, although developed in apparent conformity with the Good Laboratory Practice Standards and EPA-reviewed protocols, are inconclusive, internally inconsistent, or otherwise insufficient topermit a reasoned evaluation of the potential risk of injury to human healthor the environment of the PMN substance. “Sealed container” means a closed container that is physically and chemically suitable for long-term containment of the PMN substance, and from which there will be no human exposure to, nor environmental release of, the PMN substance during transport and storage. “Use stream” means all reasonably anticipated transfer, flow, or disposal of a chemical substance, regardless of physical state or concentration, through all intended operations of industrial, commercial, or consumer use. “Waters 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 containing one or more work areas.

### ATTACHMENT B 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 the above-referenced chemical substance, which was the subject of a premanufacture notice (“PMN”) and is governed by a Consent Order issued by the U.S. Environmental Protection Agency (“EPA”) under the authority of §5(e) of the Toxic Substances Control Act (“TSCA,” 15 U.S.C. §2604(e)). 2. Assumption of Liability.The Successor in Interest hereby certifies that, as of the effective date of transfer, all actions or omissions governed by the applicable Consent Order limiting manufacture, processing, use, distribution in commerce and disposalof 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 the United States in accordance with 40 CFR 720.22(a)(3).
3. Confidential Business Information.The Successor in Interest hereby: ___ reasserts, ___ relinquishes, or ___ modifies all Confidential Business Information (“CBI”) claims made by the Company, pursuant to Section 14 of TSCA and 40 CFR part 2, for the PMN substance(s). Where “reasserts”or “relinquishes” is indicated, that designation shall be deemed to apply to all such claims. Where “modifies” is indicated, such modification shall be explained in detail in an attachment to this Notice of Transfer. Information which has been previously disclosed to the public (e.g., a chemical identity that was not claimed as CBI by the original su bmitter) would not subsequently be eligible for confidential treatment under this Notice of Transfer.

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

___________________________________ _____________________ Company (Transferor)PMN Number

___________________________________ _____________________ Signature of Authorized Official Date

___________________________________ Printed Name of Authorized Official

___________________________________ Title of Authorized Official

___________________________________ Successor in Interest

___________________________________ _____________________ Signature of Authorized Official Date

___________________________________ Printed Name of Authorized Official

___________________________________ Title of Authorized Official

___________________________________ Address

___________________________________ City, State, Zip Code

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

___________________________________ Successor’s Technical Contact

___________________________________ Address

___________________________________ City, State, Zip Code

___________________________________ Phone