l 

UNITED STATES ENViRONMENTAL PROTECTION AGENCY 

OFFICE OF POLLUTION PREVENTION AND TOXICS 

REGULATION OF A NEW CHEMICAL SUBSTANCE 

PENDING DEVELOPMENT OF INFORMATION 

In the matter of: ) ,, Premanufacture Notice Numbers: 

) 

EPA SANITIZED 

) 

) CONTAINS NO 

) CBI ~ -tl2fi~J- ' ' 

) :.f.,#\ g/z .. j!J 

Green Caibon ) P-12-0557 and P-12-0558 

) 

) 

) 

) 

) 

Consent Order and Determinations Supporting Consent Order 

TABLE OF CONTENTS 
ii 

Preamble 

L Introduction 

IL Summary of Terms of the Order 

III. Contents ofPMN 

IV. EPA's Assessment of Risk 

V. EPA's Conclusions of Law 

VL Information Required to Evaluate Environmental Effects 

Consent Order 

L Scope of Applicability and Exemptions 

Il. Terms of Manufacture, Proces!,;ihg, Distribution in Commerce, Use, and Disposal Pending 

Submission and Evaluation of Information 

IlL Recordkeeping 

IV. Successor Liability Upon Transfer of Consent Order 

V. Modification and Revocation of Consent Order 

VL Effect of Consent Order 

Attachment A - Definitions 

Attachment B -Notice of Transfer of Consent Order 
iii 

PREAMBLE 

I. INTRODUCTION 

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

2604( e)), the Environmental Protection Agency ("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 of the PMN review period. The Company submitted the PMN s to EPA pursuant to § 

5(a)(l) ofTSCA and 40 CFR Part 720. 

Under § 15 of TSCA, it is unlawful for any person to fail or refuse to comply with any 

provision of§ 5 or ahy'order issued tinder§ 5. Violators may be subjeCt to virriouspertalties·ahd to·. · 
iv 

both criminal and civil liability pursuant to § 16, and to specific enforcement and seizure pursuant 

to § 17. In addition, chemical substances subject to an Order issued under§ 5 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 Company to: 

(a) label the PMN substances and provide Material Safety Data Sheets ("MSDS") and worker 

training in accordance with the provisions of the Hazard Communication Program section; 

(b) not use the PMN substances other than as: 

P-12-0557: Naphtha used for high octane gas and cleaning fluids, kerosene used for jet fuels, 

distillate fuel oil used for off-highway diesel engines and power generation, and vacuum gas oil 

used for gasoline; and 

P-12-0558: Naphtha used for high octane gas and cleaning fluids, kerosene used for jet 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 only to 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 Company represents that it has carefully reviewed this document and 

agrees that all information herein that is claimed as confidential by the Company is correctly 
v 

identified within brackets and that any information that is not bracketed is not claimed as 

confidential. To make this document available for public viewing, EPA will remove only the 

information contained within the brackets. 

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

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 fraction 
vi 

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 for jet 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 Naphtha used for high octane L09Mkg 

gas and cleaning fluids (1 0% ), 

kerosene used for jet 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 of analysis 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 of the PMN substances, based on the information currently available to the Agency. 

Environmental Effects Summary: 

See www.epa.gov/opptintr/newchems/pubs/chemcat.htm 
vii 

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 of the PMNs that applied generic engineering scenarios published by 

EPA relevant to the notified use, EPA assessed the following releases and exposures of the 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 of this Consent Order, the Company has agreed to limit any predictable or purposeful 

release of the PMN substances, or any waste stream from manufacturing, processing, and use 

containing the PMN substances, into the waters of the 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 of the PMN 

substances that have been 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 Company may 

distribute the PMN substances outside the Company only to a person who has agreed in writing 

prior to the date of distribution, to, among other requirements,. to also abide by this water release 

trigger and shall maintain such agreements on file for inspection by the Agency. 
X 

V. EPA'S CONCLUSIONS OF LAW 

The following findings constitute the basis of the Consent Order: 

(a) EPA is unable to determine the potential for ecological toxicity and environmental fate from 

environmental release of the 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 of the environmental effects ofthe PMN substances. 

(b) Jn light of the potential risk of ecological toxicity posed by the uncontrolled manufacture, 

processing, distribution in commerce, use, and disposal of the PMN substances, EPA has 

concluded, pursuant to§ 5(e)(l)(A)(ii)(I) ofTSCA, that uncontrolled manufacture, processing, 

distribution in commerce, use, and disposal of the PMN substances may present an unreasonable 

risk of injury to the environment. 

VI. INFORMATION REQUIRED TO EVALUATE ENVIRONMENTAL EFFECTS 

Pended Testing. The following additional information would be required to evaluate the 

following effects which may be caused by the 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 

850.4500 
xi 

The guidelines for difficult to test substances should be consulted (OECD No. 23 "Series on 

Testing and Assessment "Guidance Document on Aquatic Toxicity Testing of Difficult Substances 

and Mixtures"). 

The testing should be conducted on P-12-0557 and P-12-0558. The Order does not require 

submission of the above pended testing at any specified time or production volume. However, the 

Order's restrictions on manufacture, processing, distribution in commerce, use, and disposal of the 

PMN substances will remain in effect until the Order is modified or revoked by EPA based on 

submission of that or other relevant information. 
xii 
UNITED 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 of this Order apply to all commercial manufacturing, processing, 

distribution in commerce, use and disposal of 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 

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 by paragraph (b). 

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

the PMN substances are exempt from the requirements of this Order (except the requirements in 

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

extent that (!) 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 of this Order. 

(1) Export. Until the Company begins commercial manufacture of the PMN substances 

for use in the United States, the requirements of this Order do not apply to manufacture, processing 

or distribution in commerce of the 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 if some amount of the PMN 

substances are later exported. At that point, the requirements of this Order apply to all activities 

associated with the PMN substances while in the territory of the United States. Prior to leaving 

U.S. territory, even those quantities or batches of the PMN substances that are destined for export 

are subject to terms of the Order, and count towards any production volume test triggers in the 

Testing section of this Order. 
- 3 -

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

manufacturing, processing, distribution in commerce, use and disposal of the 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 of this Orderalso do not apply to 

manufacturing, processing, distribution in commerce, use and disposal of the 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 of this Order do not apply to the 

PMN substances when it is manufactured, pursuant to any of the exemptions in 40 CFR 720.30(h), 

with no commercial purpose separate from the substance, mixture, or article of which it is a part. 

(5) Imported Articles. The requirements of this Order do not apply to the PMN substances 

when it is imported as part of an "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 of this Order do not apply to quantities of the 

PMN substances that have been 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 or stored as 

described in paragraph (b) of the Distribution section. 
- 4 -

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

Exemption ("TME") under TSCA §5(h)(l) and 40 CFR 720.38 or a Low Volume Exemption 

("L VE") or Low Release 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 

of the effective date of this Consent Order. 

II. TERMS OF MANUFACTURE, PROCESSING, 

DISTRIBUTION IN COMMERCE, USE, AND DISPOSAL 

PENDING SUBMISSION AND EVALUATION 

OF INFORMATION 

PROHIBITION 

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

using, or disposing of the PMN substances in the United States, for any nonexempt commercial 

purpose, pending the development of information necessary for a reasoned evaluation of the 

environmental effects of the substance, and the completion of EPA's review of, and regulatory 

action based on, that information, except in accordance with the conditions described in this Order. 

TESTING 

(a) Section 8(e) Reporting. Reports of information on the PMN substances. which reasonably 

supports the conclusion that the PMN substances presents a substantial risk of injury 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 of Study Scheduling. The Company shall notify, in writing, the EPA Monitoring 

Assistance and Media Programs Division (2227 A), Office of Enforcement and Compliance 

Assurance, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., 

Washington, D.C. 20460, of the following information within 10 days of scheduling any study 

required to be performed pursuant to this Order, or within 15 days after the effective date of this 

Order, whichever is later: 

(I) The date whell the study is scheduled to commence; 

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

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

may contact regarding the study; and, 

( 4) The appropriate PMN identification number for each substance and a statem~nt that 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 

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

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

will use a modified version of a published test guideline, the Company must submit written test 

protocols to EPA for review (submission of written 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 of receiving the written protocols. EPA review of a test protocol does 

not mean pre-acceptance of test results. 

(d) Unreasonable Risk. EPA may notify the Company in writing that EPA finds that the data 

generated by a study are scientifically valid and unequivocal and indicate that, despite the terms of 

this Order, the PMN substances will or may present an unreasonable risk of injury 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 of the PMN 

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

substances. Within 2 weeks from receipt of such a notice, the Company must cease all 

manufacture, processing, distribution, use and disposal of the PMN substance, unless either: 

( l) within 2 weeks from receipt of the EPA notice, the Company complies with such requirements 

as the notice specifies; or 

(2) within 4 weeks from receipt of the EPA notice, the Company submits to EPA a written report 

refuting EPA's finding and/or the appropriateness of any additional requirements imposed by 

EPA. The Company may continue to manufacture, process, distribute, use and dispose of the 

PMN substances in accordance with the terms of this 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 of receipt of EPA's written response, the 

Company shall comply with any requirements imposed by EPA's response or cease all 

manufacture, processing, distribution, use and disposal of the PMN .substance. 
- 7 -

(e) Other Requirements. Regardless of the satisfaction of any other conditions in this Testing 

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

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

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

VI. of this 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 of this section for labels, MSDSs, and 

other forms of waruing material will be satisfied. The Company must make the written hazard 

communication program available, upon request, to all employees, contractor employees, and their 

designated representatives. The Company may rely 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 of this section. The written program shall 

include the following: 

(!) A list of chemical substances known to be present in the work area which are subject to 

a TSCA section 5(e) consent order signed by the Company or to a TSCA section 5(a)(2) SNUR at 

40 CFR Part 721, subpart E. The list must be maintained in each work area where the PMN 

substances are known to be present and must use .the identityprovided on the MSDS for the 
- 8 -

substance required under paragraph (c) of this section. The list may be compiled for the workplace 

or for individual work areas. If the Company is required either by another Order issued under 

section 5(e) ofTSCA, or by a TSCA section 5(a)(2) SNUR at 40 CFR Part 721, subpart E, to 

maintain a list of substances, the lists shall be combined with the list under this subparagraph. 

(2) The methods the Company will use to inform employees of the hazards of non-routine 

tasks involving the PMN substances (e.g., cleaning of reactor vessels), and the hazards associated 

with the PMN substances contained in unlabeled pipes in their work area. 

(3) The methods the Company will use to inform contractors of the presence of the PMN 

substances in the Company's workplace and of the provisions of this Order if employees of the 

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 of the substance in the workplace is 

labeled in accordance with this subparagraph (b )(1 ). 

(i) The label shall, at a minimum, contain the following information: 

(A) A statementofthe health hazards(s) and precautionary measure(s), if 

any, identified either in paragraph (f) of this section or by the Company, for the PMN substance. 

(B) The identity by which the PMN substances may be commonly 

recognized. 
- 9 -

(C) A statement of the environmental hazard(s) and precautionary 

measure( s ), if any, identified either in paragraph (f) of this section, or by the Company, for the 

PMN substance. 

(D) A statement of exposure and precautionary measure(s), if any, 

identified either in paragraph (f) of this section, or by the Company, for the PMN substance. 

(ii) The Company ni.ay use signs, placards, process sheets, batch tickets, operating 

procedures, or other such written materials in lieu of affixing 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) of this section. Any 

written materials must be readily accessible to the employees in their work areas throughout each 

work shift. 

(iii) The Company need not label portable containers into which the PMN 

substances are transferred from labeled containers, and which are intended only for the innnediate 

use of the employee who performs the transfer. 

(iv) The Company shall not remove or deface an existing label on containers of the 

PMN substances obtained from persons outside the Company unless the container is immediately 

re-labeled with the information specified in subparagraph (b)(l)(i) of this section. 

(2) The Company shall ensure that each container of the substance leaving its workplace 

for distribution in commerce is labeled in accordance with this subparagraph (b )(2). 

(i) The label shall, at a minimum, contain the following information: 

(A) The information prescribed in subparagraph (b )(1 )(i) of this section. 
- lO -

(B) The name and address of the manufacturer or a responsible party who 

can provide additional information on the substance for hazard evaluation and any appropriate 

emergency procedures. 

(ii) The label shall not conflict with the requirements of the Hazardous Materials 

Transportation Act (18 U.S.C. 1801 et. seq.) and regulations issued under that Act by the 

Department of Transportation. 

(3) The label, or alternative forms of warning, shall be legible and prominently displayed. 

( 4) The label, or alternative forms of warning, shall be printed in English; however, the 

information may be repeated in other languages. 

(5) If the label or alternative form of warning 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 

CFR Part 721, subpart E, or defined as a "hazardous chemical" under the OSHA Hazard 

Communication Standard (29 CFR 1900.1200), the Company may prescribe on the label, MSDS, 

or alternative form of warning, the measures to control worker exposure or environmental release 

which the Company determines provide the greatest degree of protection. However, should these 

control measures differ from the applicable measures required under this Order, the Company must 

seek a determination of equivalency for such alternative control measures pursuant to 40 CFR 

721.30 before prescribing them under this subparagraph (b )(5). 

(6) If the Company becomes aware of any significant new information regarding the 

hazards of the 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 Company becomes aware of the new 
- 11 -

information. If the 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 Company must 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 container label of the PMN substances under this 

section, and, if not claimed confidential, the chemical and common name of the PMN substance. 

If the chemical and common names are claimed confidential, generic chemical names must be 

used. 

(ii) Physical and chemical characteristics of the substance known to the Company, 

(e.g., vapor pressure, flash point). 

(iii) The physical hazards of the 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) 

of this section. 

(v) Signs and symptoms of exposure, and any medical conditions which are 

expected to be aggravated by exposure to the PMN s11bstances known to the Company. 

(vi) The primary routes of exposure to the PMN substance. 
- l2 -

(vii) Precautionary measures to control worker exposure and/or environmental 

release required by this Order, or alternative control measures which EPA has determined under 40 

CFR 721.30 provide substantially the same degree of protection as the identified control measures. 

(viii) Any generally applicable precautions for safe handling and use of the PMN 

substances which are known to the Company, including appropriate hygienic practices, protective 

measures during repair and maintenance of contaminated equipment, and procedures for response 

to spills and leaks. 

(ix) Any generally applicable control measures which are known to the Company, 

such as appropriate engineering controls, work practices, or personal protective equipment. 

(x) Emergency first aid procedures known to the Company. 

(xi) The date of preparation of the MSDS or of its last revision. 

(xii) The name, address, and telephone number of the Company or another 

responsible party who can provide additional information on the chemical substance and any 

appropriate emergency procedures, 

(3) If no relevant information is found or known for any given category on the MSDS, the 

Company must mark the MSDS to indicate that no applicable information was found. 

( 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 similar hazards, the Company may prepare one MSDS to apply to all of 

these multiple mixtures. 

( 5) If the Company becomes aware of any 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 Company becomes aware of the new 

information. If the 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 Company must 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 either provide the MSDS with the shipped 

containers or send it to the person prior to or at the time of shipment. 

(7) The Company must maintain a copy of the MSDS in its workplace, and must ensure 

that it is readily accessible during each work shift to employees when they are in their work areas. 

(8) The MSDS may be kept in any form, including as operating procedures, and may be 

designed to cover groups of substances in a work area where it may be more appropriate to address 

the potential hazards of a process rather than individual substances. However, in all cases, the 

required information must be provided 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 be printed in English; however, the information may be repeated in 

·other languages. 

(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 of each 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 of this section. 

(ii) Any operations in the work area where the PMN substances are present. 

(iii) The location and availability of the written hazard communication program 

required under paragraph (a) of this section, including the list of substances required by 

subparagraph (a)(l) of this section and MSDSs required by paragraph (c) of this section. 

(2) The training provided to employees shall include: 

(i) Methods and observations that may be used to detect the presence or release 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 of the substances 

when being released). 

(ii) The potential human health and enviromnental hazards ofthe PMN substances 

as specified in paragraph (f) of this section. 

(iii) The measures employees 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, emergency procedures, 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.of protection as the specified controL measures. · 
- 15 -

(iv) The requirements of the hazard communication program developed by the 

Company under this section, including an explanation of the labeling system and the MSDS 

required by this section and guidance on obtaining and using appropriate hazard information. 

(e) De Minimis Concentrations. The requirements of this Hazard Communication section do not 

apply to quantities of the 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 by weight or volume (0.1 percent by weight or 

volume if the PMN substances are identified as a potential carcinogen in paragraph (f) of the 

Hazard Communication Program section ofthis Order). This exemption is not available if the 

Company has reason to believe that, during intended activities, the PMN substances in the mixture 

may be reconcentrated above the 1.0 or 0.1 percent level, whichever applies. If this Order contains 

New Chemical Exposure Limits provisions or Release to Water provisions that, respectively, 

specify a NCEL concentration ("TWA") or in-stream 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 in paragraph (b) and the MSDS as specified in paragraph (c) of this section: 

(I) Environmental hazard statements. These substances may be: 

(i) toxic to fish. 

(ii) toxic to aquatic organisms. 

(2) .Environmental hazard precautionary statements. Notice to users:. 
- 16 -

(i) disposal restrictions apply. 

(3) The environmental hazard and precautionary statement on the label prepared pursuant 

to paragraph (b) of this section must be followed by the statement: "See the MSDS for details." 

MANUFACTURING 

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

PMN substances by any other person. 

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

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

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

seeking judicial review of the SNUR. If the Company is so notified, subparagraph (a)(l) shall not 

expire until EPA notifies the Company in writing that all Federal Court actions involving the 

SNUR have been resolved and the validity of the SNUR affirmed. 

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

existence.ofthe SNUR. 
- 17 -

USE 

(a) The Company shall not use the PMN substances other than as: 

P-12-0557: Naphtha used for high octane gas and cleaning fluids, kerosene used for jet 

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 for jet 

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 of distribution, the Company shall notify in 

writing any person to whom it distributes the PMN substances that, due to the issuance of this 

Consent Order under section 5( e) ofTSCA, the PMN substances are subject to the export 

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

shall contain, in the form in which it appears in this Consent Order, the following information: (1) 

the PMN number, and (2) either (A) the specific chemical identity of the PMN substances, or (B) 

if the specific chemical identity is confidential, the generic chemical identity. 

(b) Distribution Requirements. (i) Except for quantities of the PMN substances that have that 

have been blended into finished petroleum products as allowed under the uses of this 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 prior to the date of distribution, to: 

(1) Notify in writing any person to whom it distributes the PMN substances that, due to the 

issuance of this 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 of the PMN 

substances, or (B) if the 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 of the PMN substances that have been 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. 

(3) Comply with the same requirements and restrictions, if any, required of the Company 

in the Hazard Communication Program section of this Order. 

( 4) Comply with the same environmental release restrictions, if any, required of the 

Company in the Release to Water sections of this Order; and 

(5) Not use the PMN substances other than as described in the PMNs. 

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

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

containers" (defined for the purposes of this Order to exclude tank trucks, tractor trailers, train 
- 19 -

cars or other delivery vehicles with attached tanks) provided the following three conditions are 

met: 

(I) Subsequent to any such exempt temporary transport or storage of sealed containers, the 

PMN substances may be distributed only to the Company or a person who has given the Company 

the written agreement required by paragraph (b). 

· (2) Any human exposure or environmental release resulting from opening the sealed 

containers and removing or washing out the PMN substances may occur only while the PMN 

substances are in the possession and control of the Company or a person who has given the 

Company the written agreement required by paragraph (b). 

(3) The sealed containers must be labeled in accordance with paragraph (b )(2) of the 

Hazard Communication Program section of this Order. 

(d) Recipient Non-Compliance. 

(1) If, at any time after commencing distribution in commerce of the PMN substance, the 

Company obtains knowledge that a recipient or transporter of the substance has failed to comply 

with any of the conditions specified in paragraph (b) of this Distribution section or, after 

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

new use of the 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 of the following: 

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

recipient has failed to comply with any of the conditions specified in paragraph (b ).of this 
- 20 -

Distribution section, or has engaged in a significant new use of the PMN substances without 

submitting significant new use notices to EPA. 

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

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

aware of the terms of paragraph (b) of this Distribution section and will comply with those terms, 

or is aware of the terms of the significant new use 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 of assurance from a recipient under subparagraph 

( d)(l )(b) ofthis Distribution section, the Company obtains knowledge that the recipient has failed 

to comply with any of the conditions specified in paragraph (b) of this Distribution section, or has 

engaged in a significant new uses of the 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 of the failure to comply, and shall resume supplying the PMN substances to that 

recipient only upon written notification from the Agency. 

(2) If, at any time after commencing distribution in commerce of the PMN 

substance, EPA obtains knowledge (such as through a TSCA Section 11 inspection or subpoena), 

that a recipient of the substance has failed to comply with any of the 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 of the PMN substances (as defined in 40 

CFR Part 721, Subpart E) without submitting a significant new use notice to EPA, EPA may notify 

the Company in writing that, despite the terms of this Order, EPA finds that the distribution in 

commerce of the PMN substances will or may present an unreasonable risk of injury to 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 of the PMN 

substances to mitigate exposures to better characterize the risks presented. by the PMN substances. 

Within 2 weeks from receipt of such a notice, the Company must cease all manufacture, 

processing, distribution, use and disposal of the PMN substance, unless either: 

(a) within 2 weeks from receipt of the EPA notice, the Company complies with such requirements 

as the notice specifies; or 

(b) within 4 weeks from receipt of the EPA notice, the Company submits to EPA a written report 

refuting EPA's finding and/or the appropriateness of any additional actions imposed by EPA. The 

EPA will respond to the Company, in writing, within 4 weeks of receiving the Company's report. 

Within 2 weeks of receipt of EPA's written response, the Company shall comply with any 

requirements imposed by EPA's notice or revised response or, cease all manufacture, processing, 

distribution, use and disposal of the PMN substance. 

(e) Sunset Following SNUR. (1) Subparagraphs (b)(2) and (d)(2) ofthis Distribution section 

shall expire 75 days after promulgation of a final SNURs for the PMN substances under section 

5(a)(2) ofTSCA, unless the Company is notified on or before that day of an action.in a Federal 

Court seeking judicial review of the SNUR. If the Company is so notified, subparagraph (b)(2) 

and ( d)(2) of this Distribution section shall not expire until EPA notifies the Company in writing 

that all Federal Court actions involving the SNUR have been resolved and the validity of the 

SNUR affirmed. 
- 22 -

(2) When EPA promulgates a final SNUR for the PMN substances and subparagraphs (b )(2) and 

( d)(2) of this Distribution section expires in accordance with subparagraph (e)(!), the Company 

shall notify each person to whom it distributes the PMN substances of the existence of the SNURs. 

Such notification must be in 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 of Federal 

Regulations. After promulgation of SNURs and expiration of subparagraphs (b )(2) and ( d)(2), 

such notices may substitute for the written agreements required in the introductory clause of 

paragraph (b); so that, if the Company provides 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 in paragraph (b). 

RELEASE TO WATER 

This provision does not supersede or preempt any applicable federal, state, and local laws and 

regulations. (Those other laws may be more stringent than the requirements below.) The 

Company is prohibited from any predictable or purposeful release of the PMN substances, or any 

waste stream from manufacturing, processing, and use containing the PMN substances: 

(!)(a) Into the waters of the United States if the quotient from the formula: 

number of kilograms/day/site released 

------------------------------------------------ x 1 000 = N parts per billion 

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 of calculating the quotient in subparagraph (1)(a), monitoring or alternative calculations 

may be used to predict the surface water concentration expected to result from the intended release 

of the substance, if the monitoring procedures or calculations have been approved for such purpose .. . -

by EPA. 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 of the disposition of such 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 after the date they 

are created and shall make them available for inspection and copying by EPA in accordance with 

section 11 ofTSCA: 

(I) Exemptions. Records documenting that the PMN substances did in fact qualifY for any 

one or more of the exemptions described in Section I, Paragraph (b) of this 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 of the PMN substances 

eligible for the export only exemption in Section I, Paragraph (b)(!) of this Order are exempt from 

all the requirements in this Recordkeeping section, if the Company maintains, for 5 years from the 

date of their creation, .. copies of the export label and export notice to EPA; required byTSCA 
- 24 -

sections 12(a)(l)(B) and 12(b), respectively. Any amounts or batches of the PMN substances 

eligible for the research and development exemption in Section I, Paragraph (b )(2) of this Order 

are exempt from all the requirements in this Recordkeeping section, if the Company maintains, for 

5 years from the date of their creation, the records required by 40 CFR 720. 78(b ). For any 

amounts or batches of the PMN substances claimed to be eligible for any other exemption 

described in Section I, Paragraph (b) of this Order, the Company shall keep records demonstrating 

qualification for that exemption as well as the 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 of the PMN substances and the 

corresponding dates of manufacture; 

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

address, if different) of all persons outside the site of manufacture to whom the Company directly 

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

substance sold or transferred on such date; 

( 4) Records documenting the address of all sites of manufacture, processing, and use; 

( 5) Records docum~nting establishment and implementation of the hazard communication 

program required by the Hazard Communication Program section of this Order; 

(6) Copies oflabels required under the Hazard Communication Program section of this 

Order; 

(7) Copies of Material Safety Data Sheets required by the Hazard Communication 

Program section of this 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 of this 

Order; 

(9) Records documenting compliance with any applicable disposal requirements under the 

Disposal section of this Order, including method of disposal, location of disposal sites, dates of 

disposal, and volume ofPMN substances disposed. Where the estimated disposal volume is not 

known to the Company and is not reasonably ascertainable by the Company, the Company must 

maintain other records which demonstrate establishment and implementation of a program that 

ensures compliance with any applicable disposal requirements; 

(1 0) Records documenting establislullent and implementation of procedures that ensure 

compliance with any applicable water discharge limitation in the Release to Water section ofthis 

Order; 

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

section of this Order, if applicable; and, 

(12) The Company shall keep a copyofthis Order at each of its sites where the PMN 

substances are manufactured. 

(b) Applicability. The provisions of this Recordkeeping Section are applicable only to activities 

of the Company and its Contract Manufacturer, if applicable, and not to activities of the 

Company's customers. 
- 26 -

(c) OMB Control Number. Under tbe 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 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 of Company facilities and conveyances 

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

Company in advance to request information pertinent to tbe scheduling and conduct of such 

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

include, but are not limited to, the following: 

(I) Expected dates and times when the PMN substances will be in production within tbe 

subsequent 12 months; 

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

tbe PMN substances and may reasonably be exposed to tbe PMN substances; 

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

with the PMN substances and may reasonably be exposed to the PMN substances; 
- 27 -

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

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

(5) Records required by the Recordkeeping section oftbis 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 of time, but in no event later than 30 days after receiving EPA's request. When requested 

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

known to or reasonably ascertainable by the Company at the time of the request, the Company's 

response shall demonstrate a good faith effort to provide reasonably accurate and detailed answers 

to all ofEPA's requests. 

(c) Confidential Business Information. Any Confidential Business Information ("CBI") that the 

Company submits to EPA pursuant to paragraph (b) -shall be protected in accordance with § 14 of 

TSCA and 40 CFR Part 2. 

V. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER 

(a) Scope. This section sets forth the procedlires by which the Company's rights and obligations 

under this Order may be transferred when the Company transfers its interests in the PMN 

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

Company (the "Successor in Interest"). 
- 28 -

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

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

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

substances from the Company pursuant 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 of the PMN substances. 

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

after EPA receives a NOC, the Successor in Interest shall comply with the terms of this Order and 

shall not be required to submit a new PMN to EPA. 

(c) Definitions. The following definitions apply to this Successor Liability section of the 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 by the Company, as transferor, and 

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

interest of the Company in the PMN substances, such as a licensee who has acquired a limited 

license to the patent or manufacturing 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 in the 

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

the Successor in Interest. 

(d) Notices. 

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

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

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

to this Order. 

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

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

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

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

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

Successor in Interest at its principal place ofbusiness, and at all sites where the PMN substances 

are manufactured. Copies of the Transfer Document must also be made available for inspection 

pursuant to Section 11 ofTSCA, must state the effective date of transfer, and must contain 

provisions which expressly transfer liability for the PMN substances under the terms of this Order 

from the Company to the Successor in Interest. 
- 30 -

(e) Liability. 

(l} The Company shall be liable for compliance with the requirements of this Order until 

the effective date of the transfer described above. 

(2) The Successor in Interest shall be liable for compliance with the requirements of this 

Order effective as of the date of transfer. 

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

action against the Company after the effective date of the transfer for actions taken, or omissions 

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

commerce, or disposed of the PMN substances pursuant to the terms of this Consent Order. 

VI. MODIFICATION AND REVOCATION OF CONSENT ORDER 

(a) Petitions. 

(1) The Company may petition EPA at any time, based upon new information on the 

environmental effects or environmental release of the PMN substances, to modifY or revoke 

substantive provisions of this Order. 

(2) The exposures and risks identified by EPA during its review of the 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 information available at the time the Agency makes that 

determination, including, where appropriate, any reassessment of the test data or other information 
- 31 -

that supports the findings in this Order, an examination of new test data or other information or 

analysis, and any other relevant information: 

(3) EPA will issue a modification or revocation if EPA determines that the activities 

proposed therein will not present an unreasonable risk of injury to health or the environment and 

will not result in significant or substantial human exposure or substantial environmental release in 

the absence of data sufficient to permit a reasoned evaluation of the health or environmental 

effects of the PMN substances. 

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

the language of this Order. EPA will issue such a modification if EPA determines that the 

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

issued. 

(b) Modification or Revocation by EPA. Based on study results describing in the paragraph (d) of 

the Testing Section or if EPA becomes aware of information that the terms of the Consent Order 

are not being adhered to by downstream users as described in paragraph ( d)(2) of the Distribution 

Section, EPA may modify or revoke this Consent Order by following procedures set out in these 

paragraphs. 
- 32 -

VII. EFFECT OF CONSENT ORDER 

(a) Waiver. By consenting to the entry of this Order, h'te Company waives its rights to file 

objections to this Order pursuant to section 5( e)(l )(C) ofTSCA, to receive service of this Order no 

later than 45 days before the end of the review period pursuant to section 5(e)(l)(B) ofTSCA, and 

to challenge the validity of this Order in any subsequent action. Consenting to the entry of this 

Order, and agreeing to be bound by its terms, do not constitute an admission by the Company as to 

the facts or conclusions underlying the Agency's determinations in this proceeding. This waiver 

does noi affect any other rights that the Company may have under TSCA. 

(b) CBI Brackets. By signing this Order, the Company represents that it has carefully reviewed 

this document and hereby agrees that all information herein that is claimed as confidential by the 

Company (per section 14 ofTSCA, 40 CFR Part 720 Subpart E, and 40 CFR Part 2) is correctly 

identified within brackets and that any information that is not bracketed is not claimed as 

confidential. To make this document available for public viewing, EPA will remove only the 

information contained within the brackets. 

I VISIOn 

Office of Pollution Prevention and Toxics 

Name: Frederick B. Taylor 

Title: President 

Company: Green Carbon 
ATTACHMENT A 

DEFINITIONS 

Note: The attached Order may not contain some of the terms defined below. 

"Chemical name" means 1he 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. 

"Company" means 1he person or persons subject to 1his Order. 

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

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

1han by its chemical name. 

"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 1his 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. 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. 

"Immediate use." A chemical substance is for 1he "immediate use" of a person if it is under 

the control of, and used only by, 1he person who transferred it from a labeled container and will 

dnly be used by that 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 of 1he United States. 

"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. 
2 

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

mixtures are manufactured or processed. 

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

submitted by the Company relevant to this Order. 

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

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

processing, including the cleaning of equipment. 

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

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

approval that prevents a reasoned evaluation of the health or environmental effects-of the PMN 

substances. 

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

conformity with the Good Laboratory Practice Standards and EPA-approved protocols, are 

inconclusive, internally inconsistent, or otherwise insufficient to permit a reasoned evaluation of 

the potential risk of injury to human health or the environment of the PMN substances. 

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

long-term containment of the PMN substances, and from which there 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 of a chemicill 

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 substances are 

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

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

work areas. 
Company (Transferor) 

ATTACHMENT B 

NOTICE OF TRANSFER 

OF 

TOXIC SUBSTANCES CONTROL ACT 

SECTION S(e) CONSENT ORDER 

PMNNumber 

I. 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 disposal of the PMN substances, 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 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 by the original submitter) would not subsequently be eligible for 

confidential treatment under this Notice of Transfer. 
2 

TOXIC SUBSTANCES CONTROL ACT 

SECTION S(e) CONSENT ORDER 

Company (Transferor) 

Signature of Authorized Official 

NOTICE OF TRANSFER 

(continued) 

PMNNumber 

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 
3 

TOXIC SUBSTANCES CONTROL ACT 

SECTION 5(e) CONSENT ORDER 

NOTICE OF TRANSFER 

(continued) 

Successor's Technical Contact 

Address 

City, State, Zip Code 

Phone 

';' ~ :.-- -~:~ \/ 

/ ' , ,~w fM 2:~?'*" ,. -; ·~~ -.:1\41 i~l r · ,; 
· TSCA CONFir&rW. 

BUSINESSIIUIMTJQN 

DOES NOT COffi\IN NA1JOtW. 

SECURITY INFORMATION (E.0:1~