### l

UNITED STATES ENViRONMENTAL PROTECTIONAGENCY OFFICE OF POLLUTION PREVENTIONAND TOXICS REGULATION OFA NEW CHEMICAL SUBSTANCE PENDINGDEVELOPMENT OF INFORMATION

Inthematter of: ) ,, PremanufactureNoticeNumbers: ) 

### EPA SANITIZED ) ) 

# CONTAINS NO

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.. j!J Green Caibon ) P-12-0557 and P-12-0558 

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Consent Order and Determinations Supporting Consent Order
TABLE OF CONTENTSii



### Preamble L Introduction IL Summary ofTerms ofthe Order III. Contents ofPMN IV. EPA's Assessment ofRisk V. EPA's Conclusions ofLaw VL Information Required to Evaluate Environmental Effects

Consent Order L Scope ofApplicability and Exemptions Il. Terms ofManufacture, Proces!,;ihg, Distribution in Commerce, Use, and Disposal Pending Submission and Evaluation ofInformation IlL Recordkeeping IV. Successor Liability Upon Transfer ofConsent Order V. Modification and Revocation ofConsent Order VL Effect ofConsent Order
Attachment A - Definitions Attachment B -Notice ofTransfer ofConsent Orderiii 

## PREAMBLE I. INTRODUCTION Underthe 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, regardingpremanufacture notices ("PMNs") P-12-0557 and P-12-0558 for the chemical substances P-12-0557: Tires, wastes, pyrolyzed, C6-39 oil fraction defined [

and P-12-0558: Tires, wastes, pyrolyzed, C7-56 oil fraction defined [

("the PMN substances") submitted by Green Carbon ("the Company"), to take effect upon expiration ofthe PMNreview period. 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 anyperson to fail orrefuse to comply with any provisionof§ 5 or ahy'order issued tinder§ 5. Violators maybe subjeCt tovirriouspertalties·ahd to·. ·iv both criminal and civil liabilitypursuant to § 16, and to specific enforcement and seizure pursuant to § 17. In addition, chemical substances subject to an Order issued under§ 5 ofTSCA, such as this one, are subject to the § 12(b) export notice requirement.



### II. SUMMARY OF TERMS OF THE ORDER The Consent Order for these PMN substances requires the Companyto: (a) label the PMN substances and provide Material Safety Data Sheets ("MSDS") and worker training in accordance with the provisions ofthe Hazard Communication Program section; (b) not use the PMN substances other than as: P-12-0557: Naphthaused for high octane gas and cleaning fluids, kerosene used forjet fuels, distillate fuel oil used for off-highway diesel engines and power generation, and vacuum gas oil used for gasoline; and P-12-0558: Naphthaused for high octane gas and cleaning fluids, kerosene used forjet fuels, distillate fuel oil used for off-highway diesel engines and power generation, and vacuum gas oil used.for gasoline. (c) distribute the PMN substances onlyto a person who agrees to follow the same restrictions and to not further distribute the PMN substances except for the uses listed above; (d) comply with the Release to Water provisions; and (e) maintain certain records.



### III. CONTENTS OF PMN By signing this Order, the Companyrepresents that it has carefully reviewed this document and agrees that all information herein that is claimed as confidential bythe Companyis correctlyv 

### identified within brackets and that anyinformation that is not bracketed is not claimed as confidential. To make this document available for public viewing, EPA will remove onlythe information contained within the brackets. Confidential Business Information Claims (Bracketed in the Preamble and Order): Certain specific chemical properties and processing information Chemical Identity: Premanufacture Number Sp_ecific Chemical Identity Generic Chemical Identity 

### P-12-0557 Tires, wastes, pyrolyzed, C6- Tires, wastes, pyrolyzed, C6- 39 oil fraction [ 39 oil fraction

P-12-0558 Tires, wastes, pyrolyzed, C7- Tires, wastes, pyrolyzed, C7- 56 oil fraction 56 oil fractionvi

Premanufacture Number Specific Use Maximum 12- month production volume P-12-0557 Naphtha·used for high octane L64Mkg gas and cleaning fluids (23%), kerosene used forjet fuels (30%), distillate fuel oil used for off-highway diesel engines and power generation (20%), and vacuum gas oil used for gasoline (27%). P-12-558 Naphthaused for high octane L09Mkg gas and cleaning fluids (1 0%), kerosene used forjet fuels (10%), distillate fuel oil used for off-highway diesel engines and power generation (10%), and vacuum gas oil used for gasoline (70%).
Test Data Submitted with the PMNs:

- Certificate ofanalysis for P-12-0557 and P-12-0558

IV. EPA'S ASSESSMENT OF RISK The following are EPA's predictions regarding the probable toxicity and environmental releases ofthe PMN substances, based on the information currently available to the Agency.

Environmental Effects Summary: See www.epa.gov/opptintr/newchems/pubs/chemcat.htmvii 

### Property P-12-0557 P-12-0558 Regulatory and Neutral Neutral toxicological organic organic chemical class chemicals chemicals Chronic Concern 360 parts per 170 ppb Concentration billion ("ppb") (parts per billion ("ppb")) Acute Concern 6750ppb 3000 ppb Concentration (ppb)

Environmental Release Summmy: During the initial review ofthe PMNs that applied generic engineering scenarios published by EPA relevant to the notified use, EPA assessed the following releases and exposures ofthe PMN substances. P-12-0557 Use (various refming Manufacture Processing (blending) facilities) #Sites [ ] [ ] [ ] Workers 6 3 3 (#/site) Exposure 248 250 250 (days/year) Dermal·Exposure 1800 1800 18 (mg/day)viii 

### Use (various refining Manufacture Processing (blending) facilities) Inhalation 11,000 worst case 2300 worst case 2300 worst case Exposure 370 typical 76 typical 76 typical (mg/day) Releases 1 4 365 (days/year) Release to Water 0.77 38.5 (38 from tank 0.5 (kg/day) truck washouts) Surface Water Up to 306 Up to 15,300 Up to 179 Concentration (ppb) Days Exceeding 0 4 0 Concern Level

. 

### P-12-0558 Use (various refining Manufacture Processing (blending) facilities) #Sites [ ] ] ]

. 

### Workers 6 3 3 (#/site) Exposure 248 250 250 (days/year) Dermal Exposure 1800 1800 18 (mg/day) Inhalation 1600 worst case 1600 worst case 330 worst case Exposure 55 typical 51 typical 11 typical (mg/day) 

### . 

# .,.ix 

### Use (various refining Manufacture Processing (blending) facilities) Releases 1 3 288 (days/year) Release to Water 0.5 38.3 (38 from tank 0.38 (kg/day) truck washouts)

. 

### Surface Water Up to 202 Up to 15,200 Up to 151 Concentration (ppb) 

### Days Exceeding 0 3 0 Concern Level

..


### As part ofthis Consent Order, the Companyhas agreed to limit any predictable orpurposeful release ofthe PMN substances, or any waste stream from manufacturing, processing, and use containing the PMN substances, into the waters ofthe United States that would result in surface water concentrations exceeding 360 ppb for P-12-0557 and 170 ppb for P-12-0558 when calculated using the methods described in 40 CFR 721.91. Except for quantities ofthe PMN substances that havebeen blended into finished petroleum products as allowed under the uses of this Order or sent to a petroleum refinery for use as a chemical intermediate, the Companymay distribute the PMN substances outside the Company onlyto a person who has agreed in writing prior to the date ofdistribution, to, among other requirements,. to also abide bythis waterrelease trigger and shall maintain such agreements on file for inspection bythe Agency.X V. EPA'S CONCLUSIONS OF LAW The following findings constitute the basis ofthe Consent Order: (a) EPA is unable to determine the potential for ecological toxicity and environmental fate from environmental release ofthe PMN substances. EPA therefore concludes, pursuant to § 5(e)(l)(A)(i) ofTSCA, that the information available to the Agency is insufficient to permit a reasoned evaluation ofthe environmental effects ofthe PMN substances. (b) 

### Jn light ofthe potential risk ofecological toxicity posed bythe uncontrolled manufacture, processing, distribution in commerce, use, and disposal ofthe PMN substances, EPA has concluded, pursuant to§ 5(e)(l)(A)(ii)(I) ofTSCA, that uncontrolled manufacture, processing, distribution in commerce, use, and disposal ofthe PMN substances maypresent an unreasonable risk ofinjury to the environment.

VI. INFORMATION REQUIRED TO EVALUATE ENVIRONMENTAL EFFECTS Pended Testing. The following additional information would berequired to evaluate the following effects which maybe caused bythe PMN substances: Information Effects Guideline Aquatic invetebrate acute Ecological toxicity OCSPP Test Guidelines toxicity, test, freshwater 850.1010 daphnids Fish acute toxicity test, Ecological toxicity OCSPP Test Guidelines freshwater 850.1075 Algal toxicity, tiers I and II Ecological toxicity OCSPP Test Guidelines 850.4500xi 

### The guidelines for difficult to test substances should be consulted (OECD No. 23 "Series on Testing and Assessment "Guidance Document on Aquatic Toxicity Testing ofDifficult Substances and Mixtures"). The testing should be conducted on P-12-0557 and P-12-0558. The Order does not require submission ofthe above pended testing at any specified time orproduction volume. However, the Order's restrictions on manufacture, processing, distribution in commerce, use, and disposal ofthe PMN substances will remain in effect until the Order is modified orrevoked by EPA based on submission ofthat or otherrelevant information.xiiUNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



### TSGA CONFIDENTIAL BUSINESS INFORMATION OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION



### DOES NOT CONTAIN NATIONAL SECURITY INFORMATION (E.0.12065). 

# .lUi. 112013
CONSENT ORDER

(a) Scope. The requirements ofthis Order apply to all commercial manufacturing, processing, distribution in commerce, use and disposal ofthe chemical substances P-12-0557: Tires, wastes, pyrolyzed, C6-39 oil fraction defined [

]; and P-12-0558: Tires, wastes, pyrolyzed, C7-56 oil fraction defined

TSCA CONFIDENTIAL BUSINESS INFORMATION DOES NOT CONTAIN NATIONAL SECURITY INFORMATION (E.O. 12065)
Internet Address (URL) • http:f/www.epa.gov Recycled/Recyclable· Printed with Vegetable Oil Based I-nks on 100% Postconsumer, Process Chlorine Free Recycled Paper- 2

-

("the PMN substances") in the United States by Green Carbon ("the Company"), except to the extent that those activities are exempted byparagraph (b).
(b) Exemptions. Manufacturing, processing, distribution in commerce, use and disposal of the PMN substances are exempt from the requirements ofthis Order (except the requirements in the Recordkeeping and Successor Liability Upon Transfer OfConsent Order sections) onlyto the extent that (!) these activities are conducted in full compliance with all applicable requirements of the following exemptions, and (2) such compliance is documented by appropriate recordkeeping as required in the Recordkeeping section ofthis Order. (1) Export. Until the Companybegins commercial manufacture ofthe PMN substances for use in the United States, the requirements ofthis Order do not apply to manufacture, processing
or distribution in commerce ofthe PMN substances solely for export in accordance with TSCA §§l2(a) and l2(b), 40 CPR 720.3(s) and 40 CPR Part 707. However, once the Company begins to manufacture the PMN substances for use in the United States, no further activity by the Company involving the PMN substances are exempt as "solely for export" even ifsome amount ofthe PMN substances are later exported. At that point, the requirements ofthis Order apply to all activities associated with the PMN substances while in the territory ofthe United States. Prior to leaving U.S. territory, even those quantities orbatches ofthe PMN substances that are destined for export
are subject to terms ofthe Order, and count towards any production volume test triggers in the Testing section ofthis Order.- 3

- (2) Research & Development ("R&D"). The requirements of this Order do not apply to manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substances in small quantities solely for research and development in accordance with TSCA §5(h)(3), 40 CFR 720.3(cc), and 40 CFR 720.36. The requirements ofthis Orderalso do not applyto manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substances when manufactured solely for non-commercial research and development per TSCA §5(i) and 40 CFR 720.30(i). (3) Byproducts. The requirements ofthis Order do not apply to the PMN substances when it is produced, without separate commercial intent, only as a "byproduct" as defmed at 40 CFR 720.3(d) and in compliance with 40 CFR 720.30(g). (4) No Separate Commercial Purpose. The requirements ofthis Order do not apply to the PMN substances when it is manufactured, pursuant to any ofthe exemptions in40 CFR 720.30(h), with no commercial purpose separate from the substance, mixture, or article ofwhich it is a part. (5) Imported Articles. Therequirements ofthis Orderdo not applyto thePMN substances when it is imported as part ofan "article" as defined at 40 CFR 720.3(c) and in compliance with 40 CFR 720.22(b)(l). (6) Blended or stored. The requirements ofthis Order do not apply to quantities ofthe PMN substances that have been blended into finished petroleum products as allowed under the
uses ofthis Order or sent to a petroleum refinery for use as a chemical intermediate or stored as described inparagraph (b) ofthe Distribution section.- 4 - (c) Automatic Sunset. Ifthe Companyhas obtained for the PMN substances a Test Market Exemption ("TME") under TSCA §5(h)(l) and 40 CFR 720.38 or a Low VolumeExemption ("LVE") or LowRelease and Exposure Exemption ("LoREX") under TSCA §S(h)( 4) and 40 CFR 723.50(c)(l) and (2) respectively, any such exemption is automatically rendered null and void as ofthe effective date ofthis Consent Order.
II. TERMS OF MANUFACTURE, PROCESSING, DISTRIBUTION IN COMMERCE, USE, AND DISPOSAL PENDING SUBMISSION AND EVALUATION OFINFORMATION
PROHIBITION The Company is prohibited from manufacturing, processing, distributing in commerce, using, or disposing ofthe PMN substances inthe United States, for any nonexempt commercial purpose, pending the development ofinformation necessary for a reasoned evaluation ofthe environmental effects ofthe substance, and the completion ofEPA's review of, and regulatory actionbased on, that information, except in accordance with the conditions described in this Order.
TESTING (a) Section 8(e) Reporting. Reports ofinformation on the PMN substances.which reasonably supports the conclusion that the PMN substances presents a substantial risk ofinjury to health or the environment and which is required to be reported 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 Consent Order. Additional information regarding section 8(e) reporting requirements can be found at www.epa.gov/oppt/tsca8e.- 5 -
(b) Notice ofStudy Scheduling. The Company shall notify, in writing, the EPA Monitoring Assistance and Media Programs Division (2227A), Office ofEnforcement and Compliance Assurance, U.S. Environmental ProtectionAgency, 1200 PennsylvaniaAvenue, N.W., Washington, D.C. 20460, ofthe following information within 10 days ofscheduling any study required to beperformed pursuant to this Order, or within 15 days after the effective date ofthis Order, whichever is later: (I) The date whell the study is scheduled to commence; (2) The name and address ofthe laboratory which will conduct the study; · (3) The name and telephone number ofa person at the Company orthe laboratory whom EPA may contact regarding the study; and, ( 4) The appropriate PMN identification number for each substance and a**statem~nt** that the substanceis subject to this Consent Order.
(c) Good Laboratory Practice Standards and Test Protocols. Each studyperformed to address the risks identified in this Ordermustbe conducted according to TSCA Good Laboratory Practice Standards at 40 CFRPart 792 and using methodologies generally accepted inthe relevant scientific community at the time the study is initiated. Before starting to conduct any studythat will use a modified version ofa published test guideline, the Companymust submit written test protocols to EPA for review (submission ofwritten test protocols is optional for tests that are to be conducted using unmodified published test guidelines). Protocols must be submitted as a support .document for the PMN,.using the procedures set out in 40 CFR 720.40; EPA.will respond.to.the- 6 - Company within 4 weeks ofreceiving the writtenprotocols. EPAreview ofa test protocol does not mean pre-acceptance oftest results.

(d) Unreasonable Risk. EPA maynotify the Company in writing that EPA finds that the data generated by a study are scientifically valid and unequivocal and indicate that, despite the terms of this 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, manufacture, processing, distribution, use and/or disposal ofthe PMN substances to mitigate exposures to or to better characterize the risks presentedbythe PMN substances. Within 2 weeks from receipt ofsuch a notice, the Companymust cease all manufacture, processing, distribution, use and disposal ofthe PMN substance, unless either: (l) 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 and/or the appropriateness ofany additional requirements imposed by EPA. The Company may continue to manufacture, 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 anyrequirements imposed by EPA's response or cease all manufacture, processing, distribution,use and disposal ofthe PMN.substance.- 7

-
(e) Other Requirements. Regardless ofthe satisfaction ofany other conditions inthis Testing section, the Company must continue to obey all the terms ofthis Consent Order until otherwise notified in writingbyEPA. The Company may, based upon submitted test data or other relevant information, petition EPA to modify orrevoke provisions ofthis Consent Orderpursuant to Part VI. ofthis Consent Order.

HAZARD COMMUNICATION PROGRAM (a) Written Hazard Communication Program. The Company shall develop and implement a written hazard communication program for the PMN substances in each workplace. The written program will, at a minimum, describe how the requirements ofthis section for labels, MSDSs, and other forms ofwaruing material will be satisfied. The Companymust make the written hazard communication program available, upon request, to all employees, contractor employees, and their designated representatives. The Companymayrely on an existing hazard communication program, including an existing program established under the OSHA Hazard Communication Standard (29 CFR 1910.!200), to comply with this paragraph provided that the existing hazard communication program satisfies the requirements ofthis section. The written program shall include the following: (!) A list ofchemical substances known to bepresent inthe work area which are subject to
a TSCA section 5(e) consent order signed bythe Company or to a TSCA section 5(a)(2) SNUR at 40 CFR Part 721, subpart E. The list must bemaintained in each work area where the PMN substances are known to be presentand mustuse.the identityprovided on the MSDS for the- 8 - substance required underparagraph (c) ofthis section. The list maybe compiled for the workplace
orfor individual work areas. Ifthe Company is required eitherby another Order issued under section 5(e) ofTSCA, orby a TSCA section 5(a)(2) SNUR at 40 CFRPart 721, subpart E, to maintain a list ofsubstances, the lists shall be combined with the list under this subparagraph. (2) The methods the Companywill use to inform employees ofthehazards ofnon-routine tasks involving the PMN substances (e.g., cleaning ofreactor vessels), and the hazards associated with the PMN substances contained in unlabeled pipes in their work area. (3) The methods the Companywill use to inform contractors ofthe presence ofthe PMN substances in the Company's workplace and ofthe provisions ofthis Order ifemployees ofthe contractor work in the Company's workplace and are reasonably likely to be exposed to the PMN substances while in the Company's workplace.
(b) Labeling. (1) The Company shall ensure that each container ofthe substance in the workplace is labeled in accordance with this subparagraph (b)(1). (i) The label shall, at a minimum, contain the following information: (A) A statementofthehealth hazards(s) and precautionarymeasure(s), if any, identified either inparagraph (f) ofthis section orbythe Company, for the PMN substance. (B) The identityby which the PMN substances maybe commonly recognized.- 9 - (C) A statement ofthe environmental hazard(s) and precautionary measure(s), ifany, identified either in paragraph (f) ofthis section, orbythe Company, for the PMN substance. (D) A statement ofexposure and precautionarymeasure(s), ifany, identified either inparagraph (f) ofthis section, orbythe Company, for the PMN substance. (ii) The Companyni.ay use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu ofaffixing labels to individual stationary process containers, as long as the alternative method identifies the containers to which it is applicable and conveys information specified by subparagraph (b)(I)(i) ofthis section. Any written materials must be readily accessible to the employees in their work areas throughout each work shift. (iii) The Company need not label portable containers into which the PMN substances are transferred from labeled containers, and which are intended only for the innnediate
use ofthe employee who performs the transfer. (iv) The Company shall not remove or deface an existing label on containers ofthe PMN substances obtained from persons outside the Company unless the container is immediately re-labeled with the information specified in subparagraph (b)(l)(i) ofthis section. (2) The Company shall ensure that each container ofthe 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: (A) The information prescribed in subparagraph (b)(1)(i) ofthis section.- lO

- (B) The name and address ofthe manufacturer or a responsible party who
can provide additional information on the substance for hazard evaluation and any appropriate emergencyprocedures. (ii) The label shall not conflict with the requirements ofthe Hazardous Materials Transportation Act (18 U.S.C. 1801 et. seq.) and regulations issued under that Act bythe Department ofTransportation. (3) The label, or alternative forms ofwarning, shall be legible and prominently displayed. ( 4) The label, or alternative forms ofwarning, shall beprinted in English; however, the information mayberepeated in other languages. (5) Ifthe label or alternative form ofwarning is to be applied to a mixtnre containing the PMN substances in combination with any other substance that is either subject to another TSCA section 5(e} Order applicable to the Company, or subject to a TSCA section 5(a)(2) SNUR at 40 CFRPart 721, subpart E, or defined as a "hazardous chemical" under the OSHA Hazard Communication Standard (29 CFR 1900.1200), the Companymayprescribe onthe label, MSDS,
or alternative form ofwarning, the measures to control worker exposure or environmental release which the Company determines provide the greatest degree ofprotection. However, should these control measures differ from the applicable measures required under this Order, the Company must seek a determination ofequivalency for such alternative control measures pursuant to 40 CFR 721.30 before prescribing them under this subparagraph (b)(5). (6) Ifthe Companybecomes aware ofany significant new information regarding the hazards ofthe PMN substances or ways to protect against the hazards, this new information must be added to the label within 3 months from the time the Companybecomes aware ofthe new- 11

- information. Ifthe PMN substances are not being manufactured, processed, or used in the Company's workplace, the Company must add the new information to the label before the PMN substances are reintroduced into the workplace.
(c) Material Safety Data Sheets. (I) The Companymust obtain or develop an MSDS for the PMN substance. (2) The MSDS shall contain, at a minimum, the following information: (i) The identity used on the containerlabel ofthe PMN substances under this section, and, ifnot claimed confidential, the chemical and common name ofthe PMN substance. Ifthe chemical and common names are claimed confidential, generic chemical names mustbe used. (ii) Physical and chemical characteristics ofthe substance known to the Company, (e.g., vapor pressure, flash point). (iii) Thephysical hazards ofthe substance known to the Company, including the potential for fire, explosion, and reactivity. (iv) The potential human and environmental hazards as specified in paragraph (f) ofthis section. (v) Signs and symptoms ofexposure, and anymedical conditions which are expected to be aggravated by exposure to the PMN s11bstances known to the Company. (vi) The primary routes ofexposure to the PMN substance.- l2

- (vii) Precautionary measures to control worker exposure and/or environmental release required bythis Order, or alternative control measures which EPAhas determined under 40 CFR 721.30 provide substantiallythe same degree ofprotection as the identified control measures. (viii) Any generally applicable precautions for safe handling and use ofthe PMN substances which are known to the Company, including appropriate hygienic practices, protective
measures during repair and maintenance ofcontaminated 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, orpersonal protective equipment. (x) Emergency first aid procedures known to the Company. (xi) The date ofpreparation ofthe MSDS or ofits last revision. (xii) The name, address, and telephone number ofthe Company or another responsibleparty who can provide additional information onthe chemical substance and any appropriate emergencyprocedures, (3) Ifno relevant information is found or known for any given category on the MSDS, the Companymust mark the MSDS to indicate that no applicable information was found. ( 4) Where multiple mixtures containing the PMN substances have similar compositions (i.e., the chemical ingredients are essentially the same, but the specific composition varies from mixture to mixture) and similarhazards, the Companymayprepare one MSDS to apply to all of these multiple mixtures. (5) Ifthe Companybecomes aware ofany significant new information regarding the hazards ofthePMN substancesorways.:to..pl'otect against the hazards, this new informatioitmust
.,.,- 13

- be added to the MSDS within 3 months from the time the Companybecomes aware ofthe new information. Ifthe PMN substances are not being manufactured, processed, or used in the Company's workplace, the Company must add the new information to the MSDS before the PMN substances are reintroduced into the workplace. (6) The Companymust ensure that persons receiving the PMN substances from the Company are provided an appropriate MSDS with their initial shipment and with the first shipment after an MSDS is revised. The Company may eitherprovide the MSDS with the shipped containers or send it to the person priorto or at the time ofshipment. (7) The Companymust maintain a copy ofthe 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 maybe kept in any form, including as operating procedures, and maybe designed to cover groups ofsubstances in a work area where it maybemore appropriate to address the potential hazards ofa process rather than individual substances. However, in all cases, the required information must beprovided for the PMN substances and must be readily accessible during each work shift to employees when they are in their work areas. (9) The MSDS must beprinted in English; however, the information mayberepeated in ·otherlanguages.
(d) Employee Information and Training. The Company must ensure that employees are provided with information and training on the PMN substance. This information and training must be provided at the time ofeach employee's initial assignment to a work area containing the PMN- 14

- substances and whenever the PMN substances are introduced into the employee's work area for the first time. (1) The information provided to employees under this paragraph shall include: (i) The requirements ofthis section. (ii) Any operations in the work area where the PMN substances are present. (iii) The location and availability ofthe written hazard communication program required under paragraph (a) ofthis section, including the list ofsubstances requiredby subparagraph (a)(l) ofthis section and MSDSs required by paragraph (c) ofthis section. (2) The training provided to employees shall include: (i) Methods and observations that maybe used to detect the presence orrelease of the PMN substances in or from an employee's work area (such as exposure monitoring conducted by the Company, continuous monitoring devices, visual appearance, or odor ofthe substances when being released). (ii) The potential human health and enviromnental hazards ofthe PMN substances
as specified in paragraph (f) ofthis section. (iii) The measuresemployees can take to protect themselves and the enviromnent from the PMN substances, including specific procedures the Company has implemented to protect employees and the enviromnent from exposure to the PMN substance, including appropriate work practices, emergencyprocedures, personal protective equipment, engineering controls, and other
measures to control worker exposure and/or environmental release required under this Order, or alternative control measures which EPA has determined under 40 CFR 721.30 provide the same degree.ofprotection as the specified controLmeasures. ·- 15

- (iv) Therequirements ofthe hazard communication program developed by the Companyunder this section, including an explanationofthe labeling system and the MSDS required bythis section and guidance on obtaining and using appropriate hazard information.
(e) DeMinimis Concentrations. Therequirements ofthis Hazard Communication section do not apply to quantities ofthe PMN substances that are (1) present in the work area only as a mixture and (2) at a concentration not to exceed 1.0 percent byweight or volume (0.1 percent byweight or volume ifthe PMN substances are identified as a potential carcinogen in paragraph (f) ofthe Hazard Communication Program section ofthis Order). This exemption is not available ifthe Company has reason to believe that, during intended activities, the PMN substances in the mixture maybereconcentrated above the 1.0 or 0.1 percent level, whichever applies. Ifthis Order contains New Chemical Exposure Limits provisions or Release to Waterprovisions that, respectively, specify a NCEL concentration ("TWA") orin-stream concentration ("N") less than the de minimis concentration specified here, then this de minimis exemption does not apply to those provisions.
(f) Human Health, Environmental Hazard, Exposure, and Precautionary Statements. The following human health and environmental hazard and precautionary statements shall appear on each label as specified inparagraph (b) and the MSDS as specified inparagraph (c) ofthis section: (I) Environmental hazard statements. These substances maybe: (i) toxic to fish. (ii) toxic to aquatic organisms. (2) .Environmental hazard precautionarystatements. Notice to users:.- 16

- (i) disposal restrictions apply. (3) The environmental hazard and precautionary statement on the label prepared pursuant to paragraph (b) ofthis section must be followed by the statement: "See the MSDS for details."

MANUFACTURING (a)(l) Prohibition. The Company shall not cause, encourage, or suggest the manufacture ofthe PMN substances by any otherperson. (2) Sunset Following SNUR. Subparagraph (a)(l) shall expire 75 days afterpromulgation ofa final significant new use rule ("SNUR") governing the PMN substances under section 5(a)(2) ofTSCAunless the Company is notified on orbefore that day ofan action in a Federal Court seekingjudicial review ofthe SNUR. Ifthe Companyis so notified, subparagraph (a)(l) shall not expire until EPA notifies the Companyin writing that all Federal Court actions involving the SNURhavebeen resolved and the validity ofthe SNUR affirmed. (3) Notice ofSNUR. When EPA promulgates a final 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 the PMN substances ofthe existence.ofthe SNUR.- 17

- USE (a) The Company shall not use the PMN substances other than as: P-12-0557: Naphthaused for high octane gas and cleaning fluids, kerosene used forjet fuels, distillate fuel oil used for off-highway diesel engines and power generation, chemical intermediate, and vacuum gas oil used for gasoline; and P-12-0558: Naphtha used for high octane gas and cleaning fluids, kerosene used forjet fuels, distillate fuel oil used for off-highway diesel engines and power generation, chemical intermediate, and vacuum gas oil used for gasoline.

DISTRIBUTION (a) Export Notice Requirement. No later than the date ofdistribution, the Company shallnotify in writing anyperson to whom it distributes the PMN substances that, due to the issuance ofthis Consent Orderunder section 5(e) ofTSCA, the PMN substances are subject to the export notification requirements ofTSCA section 12(b) and 40 CPRPart 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 ofthe PMN substances, or (B) ifthe specific chemical identity is confidential, the generic chemical identity.
(b) Distribution Requirements. (i) Except for quantities ofthe PMN substances that have that have been blended into finished petroleum products as allowed under the uses ofthis Order or as- 18

- provided in paragraph (c), the Company shall distribute the PMN substances outside the Company only to a person who has agreed in writing priorto the date ofdistribution, to: (1) Notifyin writing any person to whom it distributes the PMN substances that, due to the issuance ofthis Consent Order under section 5(e) ofTSCA, the PMN substances are subject to the export notification requirements ofTSCA section 12(b) and 40 CFR Part 707 Subpart D. Such notice shall contain, in the form in which it appears in this Consent Order, the following information: (1) the PMN number, and (2) either (A) the specific chemical identity ofthe PMN substances, or (B) ifthe specific chemical identity is confidential, the generic chemical identity. (2) Not further distribute the PMN substances to any other person, other than for disposal, except quantities ofthe PMN substances that have been blended into finished petroleum products
as allowed under the uses ofthis Order or sent to a petroleum refinery for use as a chemical intermediate. (3) Complywith the same requirements and restrictions, ifany, required ofthe Company in the Hazard Communication Program section ofthis Order. ( 4) Complywith the same environmental release restrictions, ifany, required ofthe Company in the Release to Water sections ofthis Order; and (5) Not use the PMN substances other than as described in the PMNs.
(c) Temporarv Transport and Storage. Notwithstanding paragraph (b), the Companymay distribute the PMN substances outside the Company for temporarytransport and storage in "sealed containers" (defined for the purposes ofthis Orderto exclude tank trucks, tractor trailers, train- 19

-
cars orother delivery vehicles with attached tanks) provided the following three conditions are met: (I) Subsequent to any such exempt temporary transport or storage ofsealed containers, the PMN substances maybe distributed only to the Company or a person who has given the Company the written agreement required byparagraph (b).

· (2) Anyhuman exposure or environmental release resulting from opening the sealed containers and removing or washing out the PMN substances may occur only while the PMN substances are in thepossession and control ofthe Company or a person who has given the Companythe written agreement required byparagraph (b). (3) The sealed containers must be labeled in accordance with paragraph (b)(2) ofthe Hazard Communication Program section ofthis Order.
(d) Recipient Non-Compliance. (1) If, at anytime after commencing distribution in commerce ofthe PMN substance, the Company obtains knowledge that a recipient or transporter ofthe substance has failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section or, after subparagraph (b)(2) expires in accordance with subparagraph (e)(l), has engaged in a significant
new use ofthe PMN substances (as defined in 40 CFR Part 721, Subpart E) without submitting a significant new use notice to EPA, the Company shall cease supplying the substance to that recipient, unless the Company is able to document each ofthe following: (a) That the Companyhas, within 5 working days, notified the recipient in writing that the recipient has failed to complywith any ofthe conditions specified in paragraph (b).ofthis- 20

- Distribution section, or has engaged in a significant new use ofthe PMN substances without submitting significantnew use notices to EPA. (b) That, within 15 working days ofnotifying the recipient ofthe noncompliance, the Companyreceived from the recipient, in writing, a statement ofassurance that the recipient is
aware ofthe terms ofparagraph (b) ofthis Distribution section and will comply with those terms,
or is aware ofthe terms ofthe significant new use rules for the PMN substances and will not engage in significant new uses without submitting significant new use notices to EPA. (c) If, after receiving a statement ofassurance from a recipient under subparagraph (d)(l)(b)ofthis Distribution section, the Company obtains knowledge that the recipient has failed to complywith any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in a significant new uses ofthe PMN substances without submitting a significant new use notice to EPA, the Company shall cease supplying the PMN substances to that recipient, shall notifY EPA ofthe failure to comply, and shall resume supplying the PMN substances to that recipient onlyupon written notification from the Agency. (2) If, at any time after commencing distribution in commerce ofthe PMN substance, EPA obtains knowledge (such as through a TSCA Section 11 inspection or subpoena), that a recipient ofthe substance has failed to comply with any ofthe conditions specified in paragraph (b) ofthe Distribution section or, after subparagraph (b)(2) expires in accordance with subparagraph ( e)(1 ), has engaged in a significant new use ofthe PMN substances (as defined in 40 CFR Part 721, Subpart E) without submitting a significant new use notice to EPA, EPA may notify the Companyin writing that, despite the terms ofthis Order, EPA finds that the distribution in
commerce ofthe PMN substances will ormaypresent an unreasonable risk ofinjuryto human.- 21

- health or the environment. EPA's notice may specifY that the Company undertake certain actions concerning further testing, manufacture, processing, distribution, use and/or disposal ofthe PMN substances to mitigate exposures to better characterize the risks presented.by the PMN substances. Within 2 weeks from receipt ofsuch a notice, the Companymust cease all manufacture, processing, distribution, use and disposal ofthe PMN substance, unless either: (a) within 2 weeks from receipt ofthe EPA notice, the Company complies with such requirements
as the notice specifies; or (b) within 4 weeks from receipt ofthe EPA notice, the Company submits to EPA a written report refuting EPA's finding and/or the appropriateness ofany additional actions imposed byEPA. The EPA will respond to the Company, in writing, within 4 weeks ofreceiving the Company's report. Within 2 weeks ofreceipt ofEPA's written response, the Company shall comply with any requirements imposed by EPA's notice orrevised response or, cease all manufacture, processing, distribution, use and disposal ofthe PMN substance.

(e) Sunset Following SNUR. (1) Subparagraphs (b)(2) and (d)(2) ofthis Distribution section shall expire 75 days after promulgation ofa final SNURs for the PMN substances under section 5(a)(2) ofTSCA, unless the Company is notified on orbefore that day ofan action.in a Federal Court seekingjudicial review ofthe SNUR. Ifthe Company is so notified, subparagraph (b)(2) and (d)(2) ofthis Distribution section shall not expire until EPA notifies the Company in writing that all Federal Court actions involving the SNURhavebeenresolved and the validity ofthe SNUR affirmed.- 22

- (2) When EPA promulgates a final SNUR for the PMN substances and subparagraphs (b)(2) and (d)(2) ofthis Distribution section expires in accordance with subparagraph (e)(!), the Company shall notify each person to whom it distributes the PMN substances ofthe existence ofthe SNURs. Suchnotification mustbein writing and must specifically include all limitations contained in the SNURs which are defined as significant new uses, and which would invoke significant new use notification to EPA for the PMN substances. Such notice must also reference the publication of the SNURs for this PMN substances in either the Federal Register or the Code ofFederal Regulations. Afterpromulgation of SNURs and expiration ofsubparagraphs (b)(2) and (d)(2), such notices may substitute for the written agreements required inthe introductory clause of paragraph (b); so that, ifthe Companyprovides such notices to the persons to whom it distributes the PMN substances, then the Company is not required to obtain from such persons the written agreements specified inparagraph (b).

RELEASE TO WATER This provision does not supersede orpreempt any applicable federal, state, and local laws and regulations. (Those other laws maybe more stringent than the requirements below.) The Company is prohibited from any predictable or purposeful release ofthe PMN substances, or any waste stream from manufacturing, processing, and use containing the PMN substances: (!)(a) Into the waters ofthe United States ifthe quotient from the formula: number ofkilograms/day/site released

------------------------------------------------ x 1000 = N parts perbillion receiving stream flow (million liters/day)- 23

- exceeds 360 part per billion ("ppb") for P-12-0557 and 170 ppb for P-12-0558, when calculated using the methods described in 40 CFR 721.91. (b) In lieu ofcalculating the quotient in subparagraph (1)(a), monitoring or alternative calculations may beused to predict the surface water concentration expected to result from the intended release ofthe substance, ifthe monitoring procedures or calculations have been approved for such purpose



### .. . 

## - byEPA. EPA will review and act on a written request to approve monitoring procedures or alternative calculations within 90 days after such a request is received. The Agency will inform the Company ofthe disposition ofsuch requests in writing and, where a request is denied, will explain the reasons therefore.

III. RECORDKEEPING (a) Records. The Company shall maintain the following records until5 years afterthe date they
are created and shall make them available for inspection and copying byEPA in accordance with section 11 ofTSCA: (I) Exemptions. Records documenting that the PMN substances did in fact qualifY for any
one ormore ofthe exemptions described in Section I, Paragraph (b) ofthis Order. Such records must satisfY all the statutory and regulatoryrecordkeeping requirements applicable to the exemption being claimed bythe Company. Any amounts or batches ofthe PMN substances eligible for the export only exemption in Section I, Paragraph (b)(!) ofthis Order are exempt from all the requirements in this Recordkeeping section, ifthe Companymaintains, for 5 years from the date oftheir creation,
..copies ofthe export label and export notice to EPA;required byTSCA- 24

- sections 12(a)(l)(B) and 12(b), respectively. Any amounts orbatches ofthe PMN substances eligible for the research and development exemption in Section I, Paragraph (b)(2) ofthis Order
are exempt from all the requirements in this Recordkeeping section, ifthe Companymaintains, for 5 years from the date oftheir creation, the records required by40 CFR 720.78(b). For any amounts or batches ofthe PMN substances claimed to beeligible for any other exemption described in Section I, Paragraph (b) ofthis Order, the Company shall keep records demonstrating qualification for that exemption as well as the records specified in paragraphs (2) and (3) below, but is exempt from the other recordkeeping requirements in this Recordkeeping section; (2) Records documenting the manufacture volume ofthe PMN substances and the corresponding dates ofmanufacture; (3) Records documenting the names and addresses (including shipment destination address, ifdifferent) ofall persons outside the site ofmanufacture to whom the Company directly sells ortransfers the PMN substance, the date ofeach sale ortransfer, andthe quantity ofthe substance sold or transferred on such date; ( 4) Records documenting the address ofall sites ofmanufacture, processing, and use; (5) Records**docum~nting** establishment and implementation ofthe hazard communication program required bythe Hazard Communication Program section ofthis Order; (6) Copies oflabels required under the Hazard Communication Program section ofthis Order; (7) Copies ofMaterial Safety Data Sheets required bythe Hazard Communication Program section ofthis Order;- 25

- (8) Records documenting compliance with any applicable manufacturing, processing, use, and distribution restrictions in the Manufacturing, Processing, Use, and Distribution sections of this Order, including distributees' written agreement to comply with the Distribution section ofthis Order; (9) Records documenting compliance with any applicable disposal requirements under the Disposal section ofthis Order, includingmethod ofdisposal, location ofdisposal sites, dates of disposal, and volume ofPMN substances disposed. Where the estimated disposal volume is not known to the Company and is not reasonably ascertainablebythe Company, the Companymust maintain other records which demonstrate establishment and implementation ofa program that
ensures compliance with any applicable disposal requirements; (10) Records documenting establislullent and implementation ofprocedures that ensure compliance with any applicable water discharge limitation in the Release to Water section ofthis Order; (11) Copies ofany Transfer Documents and notices required bythe Successor Liability section ofthis Order, ifapplicable; and, (12) The Companyshall keep a copyofthis Order at each ofits sites wherethe PMN substances are manufactured.

(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.- 26

-
(c) OMB Control Number. Under tbe Paperwork Reduction Act and its regulations at 5 CFRPart 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 tbe Office of Management and Budget ("OMB"), and EPA so informs tbe 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-INSPECTION INFORMATION (a) ·EPA's Request for Information. Pursuant to section II ofTSCA and 40 CFR 720.122, EPA may occasionally conduct on-site compliance inspections ofCompany facilities and conveyances associated with the PMN substance. To facilitate such inspections, EPApersonnel may contact the Company in advance to request informationpertinent to tbe scheduling and conduct ofsuch inspections. Such requests maybe written or oral. The types ofinformation that EPA mayrequest include, but are not limited to, the following: (I) Expected dates and times when the PMN substances will bein production within tbe subsequent 12 months; (2) Current workshift schedules for workers who are involved in activities associated with tbe PMN substances and mayreasonablybe exposed to tbe PMN substances; (3) Currentjob titles or categories for workers who are involved in activities associated with the PMN substances and mayreasonablybe exposed to the PMN substances;- 27

- (4) Existing exposure monitoring data for workers who are involved in activities associated with the PMN substances and mayreasonablybe exposed to the PMN substances; (5) Records requiredbythe Recordkeeping section oftbis Order; and/or, (6) Any other information reasonablyrelated to determining compliance with this Order or conducting an inspection for that purpose.
(b) Company's Response. The Company shall respond to such requests within a reasonable period oftime, but in no event later than 30 days after receiving EPA's request. Whenrequested in writing byEPA, the Company's response shall be in writing. Tothe extent the information is known to or reasonably ascertainable by the Company at the time ofthe request, the Company's response shall demonstrate a good faith effort to provide reasonably accurate and detailed answers to all ofEPA's requests.
(c) Confidential Business Information. Any Confidential Business Information ("CBI") that the Company submits to EPApursuant to paragraph (b) -shallbeprotected in accordance with §14 of TSCA and 40 CFRPart 2.



### V. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedlires by which the Company's rights and obligations under this Ordermaybe transferred when the Companytransfers its interests in the PMN substances, including the right to manufacture the PMN substances, to another person outside the Company (the "Successorin Interest").- 28

-
(b) Relation ofTransfer Date to Notice ofCommencement ("NOC"). (I) Before NOC. Ifthe transfer from the Company to the Successor in Interest is effective before EPA receives a notice ofconimencement ofmanufacture orimport ("NOC") for the PMN substances from the Companypursuant to 40 CPR 720.102, the Successor in Interest must submit
new PMNs to EPA and comply fully with Section 5(a)(l) ofTSCA and 40 CPR part 720 before commencing manufacture ofthe PMN substances. (2) After NOC. Ifthe transfer from the Company to the Successor in Interest is effective after EPA receives a NOC, the Successor in Interest shall complywith the terms ofthis Order and shall notberequired to submit a new PMN to EPA.
(c) Definitions. The following definitions apply to this Successor Liability section ofthe Order: (I) "Successor in Interest" means a person outside the Company who has acquired the Company's full interest in the rights to manufacture the PMN substances, including all ownership rights and legal liabilities, through transfer documents signed bythe Company, as transferor, and the Successor in Interest, as transferee. The term excludes persons who acquire less than the full interest ofthe Company in the PMN substances, such as a licensee who has acquired a limited license to the patent ormanufacturing rights associated with the PMN substances. A Successor in Interest must be incorporated, licensed, or doing business in the United States in accordance with 40 CPR 720.22(a)(3) and 40 CPR 720.3(z).- 29

- (2) "Transfer Document" means the legal instrument(s) used to convey the interests inthe PMN substances, including the right to manufacture the PMN substances, from the Companyto the Successor in Interest.
(d) Notices. (1) Notice to Successor in Interest. On orbefore the effective date ofthe transfer, the Company shall provide to the Successor in Interest, byregistered mail, a copy ofthe Consent Order and the "Notice ofTransfer" document which is incorporated byreference as Attachment B to this Order. (2) Notice to EPA. Within 10 business days ofthe effective date ofthe transfer, the Company shali, byregistered mail, submit the fully executed Notice ofTransfer document to: U.S. Environmental Protection Agency, New Chemicals Management Branch (7405), 1200 PennsylvaniaAvenue, N.W., Washington, D.C. 20460. (3) Transfer Document. Copies ofthe Transfer Document must bemaintained bythe Successor in Interest at its principal place ofbusiness, and at all sites where the PMN substances
are manufactured. 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 expresslytransfer liability for the PMN substances under the terms ofthis Order from the Company to the Successor in Interest.- 30

- (e) Liability. (l} The Company shall be liable for compliance with the requirements ofthis Orderuntil the effective date ofthe transfer described above. (2) The Successor in Interest shall be liable for compliance with the requirements ofthis Order effective as ofthe date oftransfer. (3) Nothing in this 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 timein which the Companymanufactured, processed, used, distributed in commerce, or disposed ofthe PMN substances pursuant to the terms ofthis Consent Order.

VI. MODIFICATION AND REVOCATION OF CONSENT ORDER (a) Petitions. (1) The Companymaypetition EPA at anytime, based upon new information onthe environmental effects or environmental release ofthe PMN substances, to modifY orrevoke substantive provisions ofthis Order. (2) The exposures and risks identifiedbyEPA during its 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 orrevoke this Order, EPA will consider all relevant information available at the time the Agencymakes that determination, including, where appropriate, anyreassessment ofthe test data or other information- 31

- that supports the findings in this Order, an examination ofnew test data or other information or analysis, and any other relevant information: (3) EPA will issue a modification orrevocation ifEPA determines that the activities proposed therein will not present an unreasonable risk ofinjury to health or the environment and will not result in significant or substantial human exposure or substantial environmental release in the absence ofdata sufficient topermit a reasoned evaluation ofthe health or environmental effects ofthe PMN substances. (4) In addition, the Company maypetition EPA at any time to make othermodifications 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. (b) Modification or Revocation by EPA. Based on studyresults describing in the paragraph (d) of the Testing Section or ifEPAbecomes aware ofinformation that the terms ofthe Consent Order
are not being adhered to by downstream users as described in paragraph (d)(2) ofthe Distribution Section, EPA may modify orrevoke this Consent Order byfollowing procedures set out in these paragraphs.- 32

- 

### VII. EFFECT OF CONSENT 

### ORDER (a) Waiver. Byconsenting to the entry ofthis Order, h'te Company waives its rights to file objections to this Orderpursuant to section 5( e)(l)(C) ofTSCA, to receive service ofthis Orderno later than 45 days before the end ofthe review period pursuant to section 5(e)(l)(B) ofTSCA, and to challenge the validity ofthis Order in any subsequent action. Consenting to the entry ofthis Order, and agreeing to bebound byits 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 noi affect any other rights that the Company mayhave under TSCA.
(b) CBI Brackets. By signing this Order, the Company represents that it has carefullyreviewed this document and hereby agrees that all information herein that is claimed as confidential bythe Company (per section 14 ofTSCA, 40 CFR Part 720 Subpart E, and 40 CFR Part 2) is correctly identified within brackets and that any information that is not bracketed is not claimed as confidential. To make this document available for public viewing, EPA will remove only the information contained within the brackets.

IVISIOn Office ofPollution Prevention and Toxics

Name: Frederick B. Taylor Title: President Company: Green CarbonATTACHMENT A DEFINITIONS
Note: The attached Order may not contain some of the terms defined below. "Chemical name" means 1he scientific designation ofa chemical substance inaccordance with the nomenclature system developed bythe Chemical Abstracts Service's rules of nomenclature, or a name which will clearly identify a chemical substance for thepurpose of conducting a hazard evaluation. "Company" means 1he person or persons subject to 1his Order. "Commonname" means any designation or identification such as code name, code number, trade name, brand name, or generic chemical name used to identify a chemical substance oilier 1han byits chemical name. "Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. Forpurposes of1his section, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. "Contract Manufacturer" means a person, outside the Company, who is authorized to manufacture the PMN substances under 1he conditions specified in Part II. ofthis Consent Order and in the Consent Order for Contract Manufacturer. "Identity" means any chemical or common name used to identify a chemical substance or a mixture containing that substance. "Immediate use." A chemical substance is for 1he "immediate use" ofa person ifit is under the control of, and used onlyby, 1he person who transferred it from a labeled container and will dnlybe usedbythat person wi1hin the work shift in which it is transferred from the labeled container. "Manufacture" means to produce or manufacture in 1he United States or import into the customs territory of1he United States. "Manufacturing stream" means all reasonably anticipated transfer, flow, or disposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations ofmanufacture, including the cleaning ofequipment. ' "MSDS" means material safety data sheet, the written listing ofdata for the chemical substance.2 "Non-industrial use" means use other than at a facility where chemical substances or mixtures are manufactured orprocessed. "PMN substances" means the chemical substances described in the Premanufacture notice submitted bythe Companyrelevant to this Order. "Process stream" means all reasonably anticipated transfer, flow, or disposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations of processing, including the cleaning ofequipment. "Scientifically invalid" means any significant departure from the EPA-approved protocol orthe Good Laboratory Practice Standards at 40 CFR Part 792 without prior or subsequent Agency approval that prevents a reasoned evaluation ofthe health or environmental effects-ofthe PMN substances. "Scientifically equivocal data" means data which, although developed in apparent conformitywith the Good Laboratory Practice Standards and EPA-approved protocols, are inconclusive, internally inconsistent, or otherwise insufficient to permit a reasoned evaluation of the potential risk ofinjury to human health or the environment ofthe PMN substances. "Sealed container" means a closed container that is physically and chemically suitable for long-term containment ofthe PMN substances, and from whichthere will be no human exposure to, nor environmental release of, the PMN substances during transport and storage.. "Use stream" means all reasonably anticipated transfer, flow, or disposal ofa chemicill substance, regardless ofphysical state or concentration, through all intended operations of industrial, commercial, or consumer use. "Waters ofthe United States" has the meaning set forth in 40 CFR 122.2. "Work area" means a room or defined space in a workplace where the PMN substances are manufactured, processed, or used and where employees are present. "Workplace" means an establishment at one geographic location containing one ormore work areas.

### Company (Transferor) 

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

PMNNumber
I. 

### Transfer ofManufacture Rights. Effective on the Company did sell or otherwise transfer to , ("Successor in Interest") the rights and liabilities associated with manufacture ofthe above-referenced chemical substance, which was the subject ofa premanufacture notice ("PMN") and is governed by a Consent Order issued bythe U.S. Environmental Protection Agency ("EPA") under the authority of§5(e) ofthe Toxic Substances Control Act ("TSCA," 15 U.S.C. §2604(e)).
2. Assumption ofLiability. The Successor in Interest hereby certifies that, as ofthe effective date oftransfer, all actions or omissions governed bythe applicable Consent Order limiting manufacture, processing, use, distribution in commerce and disposal ofthe PMN substances, shall be the responsibility ofthe Successor in Interest. Successor in Interest also certifies that it is incorporated, licensed, or doing business in the United States in accordance with 40 CFR 720.22(a)(3).
3. Confidential Business Information. The Successor in Interest hereby:

_ reasserts,

_ relinquishes, or modifies all Confidential Business Information ("CBI") claims made bythe Company, pursuant to Section 14 ofTSCA and 40 CFR part 2, for the PMN substance(s). Where "reasserts" or "relinquishes" is indicated, that designation shall be deemed to apply to all such claims. Where "modifies" is indicated, such modification shall be explained in detail in an attachment to this Notice of Transfer. Information which has been previously disclosed to the public (e.g., a chemical identity that was not claimed as CBI bythe original submitter) would not subsequentlybe eligible for confidential treatmentunderthis Notice ofTransfer.2

TOXIC SUBSTANCES CONTROL ACT SECTION S(e) CONSENT ORDER

Company (Transferor)
Signature ofAuthorized Official NOTICE OFTRANSFER (continued)
PMNNumber

Date
Printed Name ofAuthorized Official
Title ofAuthorized Official

Successor in Interest
Signature ofAuthorized Official Date
Printed Name ofAuthorized Official
Title ofAuthorized Official
Address City, State, Zip Code3

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

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

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