UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF POLLUTION PREVENTION AND TOXICS
I REGULATION OF A NEW CHEMICAL SUBSTANCE 

### · .. ) PENDING DEVELOPMENT OF INFORMATION

In the matter of: ) ) ) ) ) ) 3M Company ) ) ) ) ) ) ·' (.) 

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PremanufactureNoticeNumber:

P-09-0048

11111111111111111111111111111111111111111111111/lllllllll !11111111111111111 soogooo4757/c.

Consent Order and Determinations Supporting Consent Order 

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

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

- Definitions Attachment B- Notice ofTransfer ofConsent Order •111 

## PREAMBLE
I. INTRODUCTION Under the authority of§ 5(e) ofthe Toxic Substances Control Act ("TSCA") (15 U.S.C. 2604(e)), the Environmental Protection Agency ("EPA" or "the Agency") issues the attached Order, regarding premanufacture notice ("PMN") P-09-0048 for the chemical substance [
] ("the PMN substance") submitted by 3M Company ("the Company"), to take effect upon expiration ofthe PMN review period. The Company submitted the PMN to EPA pursuant to§ 5(a)(l) ofTSCA and 40 CFR Part 720. Under § 15 ofTSCA, it is unlawful for any person to fail orrefuse to comply with any provision of§ 5 or any order issued under§ 5. Violators maybe subject to various penalties and to 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 this PMN substance requires the Companyto: (a) provide personal protective equipment to its workers to prevent dermal exposure; (b) prevent the PMN substance from forming a powder during manufacturing, processing, oruse;IV (c) not use the PMN substance involving an application method that generates a vapor, mist, aerosol or a dust, except within an enclosed or sealed reaction chamber; (d) label containers ofthe PMN substance and provide Material Safety Data Sheets ("MSDSs") and worker training in accordance with the provisions ofthe Hazard Communication Program section; (e) use gloves impervious to the [ ] PMN particles contained in solution ( ] particles are always in liquid during manufacturing and use); (f) not use the PMN substance except for the specific use "[ ] film coating additive"; (g) transport the PMN substance to processors and users using reusuable tote tanks cleaned not more than once per year; (h) dispose ofunreacted PMN substance in a RCRA-approved hazardous waste incinerator; (i) distribute the PMN substance onlyto a person who agrees to follow the same restrictions (except the testing requirements) and to not further distribute the PMN substance until it has been completelyreacted or cured; (j) maintain certain records.v 

### III. CONTENTS OF PMN 

### Confidential Business Information Claims (Bracketed in the Preamble and Order): Specific chemical identity, reactants, impurities, residuals, production volume, manufacturing and use information, particle size distribution ofPMN substance suspended in water, air monitoring results, film leaching study, X-ray diffraction ofPMN substance suspended in water. Chemical Identity: Specific: [

Generic: surface modified ceramic particles Use: Specific: [ ] film coating additive Generic: film coating additive Maximum 12-Month Production Volume: [ Test Data Submitted with PMN: physical-chemical properties including specific gravity; solubility; particle size distribution ofPMN substance suspended in water; X-ray diffraction ofPMN substance suspended in water; air monitoring results ofanalog; thermogravimetric analysis characterization ofPMN substance; IR analysis ofPMN substance; and film leaching study.VI 

### IV. EPA'S ASSESSMENT OF EXPOSURE AND RISK The following are EPA's predictions regarding the probable human and environmental toxicity, human exposure, and environmental release ofthe PMN substance, based on the information currently available to the Agency. Human Health Effects Summary: Absorption ofthe PMN chemical is expected to bepoor via all routes because ofthe particle size (average [ ]). There are concerns for lung effects ifinhaled, based on lung overload and potential for effects of[ ] particles. There is evidence that ] poorly soluble, respirable particles can penetrate membranes in the respiratory tract and possiblyin the GI tract. There may also bephysical penetration through the skin. Tested [ ] particles have been shown to: (1) be inflammatoryto the lungs, (2) cause lung fibrosis ofthe lung and lung cancer, and (3) induce systemic effects. There are also concerns for oncogenicity in the lungs ifinhaled and if [ ] is bioavailable. In addition, there is a concern for skin allergies upon exposure to [ ]. The chemical is in the poorly soluble, respirable particles and ] categories. Basis: See www.epa.gov/opptintr/newchems/pubs/chemcat.htm

Environmental Effects Summary: Based on the SAR analysis ofpoorly soluble, respirable particles coated with an [ ] moietythe concern for ecotoxicity was low. The expected concentration ofconcern for the [ ] coating as manufactured and described in [ ] is 55 partsperbillion (ppb). See www.epa.govIopptintr/newchems/pubs/chemcat.htmVll Exposure and Environmental Release Summary: Manufacture Use #Sites [ ] [ ] Workers [ ] [ ] (#/site) Exposure 32 32 (days/year) Dermal Exposure 1100 1100 (mg/day) Inhalation Exposure Not expected Not expected (mg/day) Drinking Water Not expected Not expected Exposure (mg/day) Releases [ ] [ ] (days/year) Release to Water Not expected Not expected (kg/day) Release to Air [ ] of [ ] of (kg/day) incineration incineration product product
Risk to the Environment The behavior ofthe [ ] particles in the environment from incineration releases is unclear. Based on no releases to water as described in the PMN during manufacturing and use, and limitations place on methods ofdisposal, the risk to the environment ofthe PMN substance is expected to be low.viii Risk to Workers: The PMN substance poses a risk oflung effects and/or systemic effects to workers if exposure occurs bythe inhalation ordermal routes. The PMN states that during manufacturing and use, personal protective equipment and control technologies (including maintaining the PMN substance in a liquid or slurry formulation) will beused to prevent these exposures mitigating the potential risks.

Risk to the General Public: The PMN substance poses a potential risk oflung effects and/or systemic effects to the general population ifexposure occurs bythe inhalation route, which would originate from releases of[ ] particles transformed byincineration, or from formation of powder (and subsequent releases to the environment) ofthe PMN substance in the workplace. The PMN states that during manufacturing and use, control technologies (including maintaining the PMN substance in a liquid or slurry formulation) and disposal ofthe PMN substances via incineration will beused to prevent these releases mitigating the potential risks.

Risk to Consumers: Based on complete reaction ofthe PMN substance during use, EPA does not expect a risk to consumers.IX 

### V. EPA'S CONCLUSIONS OF LAW The following findings constitute the basis ofthe Consent Order: (a) EPA is unable to determine the potential for inflammation to the lungs, fibrosis ofthe lung, and lung cancer, or for systemic effects from exposure ofhumans and aquatic organisms to the PMN substance. 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 human health and environmental effects ofthe PMN substance.
(b) In light ofthe potential risk ofinflammation to the lungs, lung fibrosis ofthe lung, and lung cancer, or for systemic effects posed bythe uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance, EPA has concluded, pursuant to § 5(e)(1 )(A)(ii)(I) ofTSCA, that uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance maypresent an unreasonable risk ofinjury to human health and the environment.X VI. INFORMATION REQUIRED TO EVALUATE HUMAN HEALTH AND ENVIRONMENTAL EFFECTS Pended Testing. The following additional information would berequired to evaluate the following effects which maybe causedbythe PMN substance: Tier Information Effects Guidelines 1 90-day inhalation toxicity Lung OPPTS 870.3465 study on PMN substance or OECD 413 on rats with a postexposure observation period ofup to sixtydays, includingbronchoalveolar lavage fluid ("BALF'') analysis. 1 Determination ofthe Exposure removal efficiency ofthe PMNbythe incinerator at the anticipated loading rate 2 Full dissolution test using Exposure see OECD transformed PMN ENV /JM/MONO( substance following 2001)9 incineration 2 Particle size distribution, Exposure OPPTS 830.7520/ aspect ratio and crystalline ISO 13320-/ structure oftransformed ASTM B822-02 PMN substance following incineration
The Order does not require submission ofthe above pended testing at any specified time
orproduction volume. However, the Order'srestrictions on manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance will remain in effect until the Order is modified orrevoked byEPAbased on submission of that or otherrelevant information. Tier one studies maybe conducted and evaluated before tier two testing, as they mayobviate the need to conduct tier two studies.

## CONSENT ORDER

I. SCOPE OF APPLICABILITY AND EXEMPTIONS (a) Scope. Therequirements ofthis Order apply to all commercial manufacturing, processing, distribution in commerce, use and disposal ofthe chemical substance [
] (P-09-0048) ("the PMN substance") in the United States by 3M Company ("the Company"), except to the extent that those activities are exemptedby paragraph (b).
(b) Exemptions. Manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance is exempt from the requirements ofthis Order (except the requirements in the Recordkeeping and Successor Liability Upon Transfer OfConsent Order sections) onlyto the extent that (1) these activities are conducted in full compliance with all applicable requirements ofthe following exemptions, and (2) such compliance is documentedby appropriate recordkeeping as required in the

### - 2 -**Recordk~eping** section ofthis Order. (1) Completely Reacted (Cured). The requirements ofthis Order do not apply to quantities ofthe PMN substance after theyhavebeen completelyreacted (cured). (2) De Minimis Concentrations. The requirements ofthis Order do not apply to quantities ofthe PMN substance that are (1) present in the work area only as a mixture and (2) at a concentration not to exceed 1.0 percentbyweight or volume (0.1 percent by weight or volume ifthe PMN substance is identified as a potential carcinogen in paragraph (f) ofthe Hazard Communication Program section ofthis Order). This exemption is not available ifthe Companyhas reason to believe that, during intended activities, the PMN substance 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. (3) Export. Until the Companybegins commercial manufacture ofthe PMN substance for use in the United States, the requirements ofthis Order do not apply to manufacture, processing or distribution in commerce ofthe PMN substance solely for export in accordance with TSCA §12(a) and (b), 40 CFR 720.3(s) and 40 CFR Part 707. However, once the Companybegins to manufacture the PMN substance for use in the United States, no further activitybythe Companyinvolving the PMN substance is exempt as "solely for export" even ifsome amount ofthe PMN substance is later exported. At thatpoint, therequirements ofthis Order apply to all activities associated

### - 3- with the PMN substance while in the territory ofthe United States. Priorto leaving U.S. territory, even those quantities orbatches ofthe PMN substance 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. ( 4) Research & Development ("R&D"). The requirements of this Order do not apply to manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance in small quantities solely for research and development in accordance with TSCA §5(h)(3), 40 CFR 720.3(cc), and 40 CFR 720.36. The requirements ofthis Order also do not apply to manufacturing, processing, distribution in commerce, use and disposal ofthePMN substance when manufactured solely for non-commercial research and development per40 CFR 720.30(i) and TSCA §5(i). (5) Byproducts. The requirements ofthis Order do not apply to the PMN substance when it is produced, without separate commercial intent, only as a "byproduct"
as defined at 40 CFR 720.3(d) and in compliance with 40 CFR 720.30(g). (6) No Separate Commercial Purpose. The requirements ofthis Order do not apply to the PMN substance when it is manufactured, pursuant to any ofthe exemptions in 40 CFR 720.30(h), with no commercial purpose separate from the substance, mixture,
or article ofwhich it is a part. (7) Imported Articles. The requirements ofthis Order do not apply to the PMN substance when itis imported as part ofan "article" as defined at 40 CFR 720.3(c) and in compliance with 40 CFR 720.22(b)(I).


### (c) Automatic Sunset. Ifthe Companyhas obtained for the PMN substance a Test- 4- Market Exemption ("TME") under TSCA §5(h)(l) and 40 CFR 720.38 or a Low Volume Exemption ("LVE") orLow Release and Exposure Exemption ("LoREX") under TSCA §5(h)(4) and 40 CFR 723.50(c)(1) and (2) respectively, any such exemption is automatically rendered null and void as ofthe effective date ofthis Consent Order.

II. TERMS OFMANUFACTURE, IMPORT, PROCESSING,

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

TESTING (a) Section 8(e) Reporting. Reports ofinformation on the PMN substance which reasonably supports the conclusion that the PMN substance presents a substantial risk of injury to health orthe environment, which is required to bereported under EPA's section 8(e) policy statement at 43 Federal Register 11110 (March 16, 1978), 68 Federal Register 33129 (June 3, 2003), and 70 Federal Register 2162 (January 12, 2005), shall reference the appropriate PMN identification number for this substance and contain a statement that

### - 5 - the substance is subject to this Consent Order. Additional information regarding section 8(e) reporting requirements can be found in the reporting guide referenced at 56 Federal Register 28458 (June 20, 1991).

PROTECTION IN THE WORKPLACE 

### (a) Establishment ofProgram. During manufacturing, processing, and use ofthe PMN substance at any site controlledbythe Company (including any associated packaging and storage and during any cleaning or maintenance ofequipment associated with the PMN substance), the Company must establish a program whereby: (1) General Dermal Protection. Each person who is reasonably likely to be dermally exposed in the work area to the PMN substance through direct handling ofthe substance orthrough contact with equipment on which the substance may exist is provided with, and is required to wear, personal protective equipment that provides a barrierto prevent dermal exposure to the substance in the specific work area where it is selected for use. Each such item ofpersonal protective equipment mustbe selected and used in accordance with Occupational Safety and Health Administration ("OSHA") dermal protection requirements at 29 CFR 1910.132, 1910.133, and 1910.138. (2) Specific Dermal Protective Equipment. The dermal protective equipment required by subparagraph (a)(1) ofthis section must include, but is not limited to, the following items: (i) Gloves impervious to the [ ] PMN particles contained in solution.

### - 6 - (3) Demonstration ofImperviousness. The Companyis able to demonstrate that each item ofchemical protective clothing selected, including gloves, provides an impervious barrierto prevent dermal exposure during normal and expected duration and conditions ofexposure within the work area byanyone or a combination ofthe following: (i) Permeation Testing. Testing the material used to make the chemical protective clothing and the construction ofthe clothing to establish that the protective clothing will be impervious for the expected duration and conditions ofexposure. The testing must subject the chemical protective clothing to the expected conditions of exposure, including the likely combinations ofchemical substances to which the clothing maybe exposed in the work area. Permeation testing shall be conducted according to the American Society for Testing and Materials ("ASTM") F739 "Standard Test Method for Resistance ofProtective Clothing Materials to Permeationby Liquids or Gases." Results shall bereported as the cumulativepermeation rate as a function oftime, and shall be documented in accordance with ASTM F739 using the format specified in ASTM F1194- 99 "Guide for Documenting the Results ofChemical Permeation Testing on Protective Clothing Materials." Gloves maynotbeused for a time period longer than they are actually tested and must bereplaced at the end ofeach work shift during which they are exposed to the PMN substance. (ii) Manufacturer's Specifications. Evaluating the specifications from the manufacturer or supplier ofthe chemical protective clothing, or ofthe material used in construction ofthe clothing, to establish that the chemical protective clothing will be impervious to the PMN substance alone and in likely combination with other chemical substances in the work area. 

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HAZARD COMMUNICATION PROGRAM 

### (a) Written Hazard Communication Program. The Company shall develop and implement a written hazard communication program for the PMN substance in each workplace. The written program will, at a minimum, describe how the requirements of this section for labels, MSDSs, and other forms ofwarning 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 mayrely on an existinghazard communication program, including an existing program established under the OSHA Hazard Communication Standard (29 CFR 1910.1200), to comply with this paragraph provided that the existing hazard communication program satisfies the requirements ofthis section. The written program shall include the following: (1) A list ofchemical substances known to bepresent in the work area which are subject to a TSCA section 5(e) consent order signed bythe Company orto a TSCA section 5(a)(2) SNUR at 40 C.F.R. Part 721, subpart E. The list mustbemaintained in each work area where the PMN substance is known to bepresent and must use the identityprovided on the MSDS for the 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 CFR Part 721, subpart E, to maintain a list of substances, the lists shall be combined with the list under this subparagraph.

### - 8- (2) The methods the Companywill use to inform employees ofthe hazards of non-routine tasks involving the PMN substance (e.g., cleaning ofreactor vessels), and the hazards associated with the PMN substance contained in unlabeled pipes in their work
area. (3) Themethods the Companywill use to inform contractors ofthe presence of the PMN substance in the Company's workplace and ofthe provisions ofthis Orderif employees ofthe contractor work in the Company's workplace and are reasonably likely to be exposed to the PMN substance while in the Company's workplace.
(b) Labeling. (1) The Company shall ensure that each container ofthe substance inthe workplace is labeled in accordance with this subparagraph (b)(l). (i) The label shall, at a minimum, contain the following information: (I) A statement ofthe health hazards(s) and precautionary measure(s), ifany, identified in paragraph (f) ofthis section orbythe Company, for the PMN substance. (II) Theidentitybywhich the PMN substance maybe commonly recognized. (III) A statement ofthe environmental hazard(s) and precautionary measure(s), ifany, identified in paragraph (f) ofthis section, orbythe Company, for the PMN substance.- 9- (IV) A statement ofexposure and precautionarymeasure(s), if any, identified in paragraph (f) ofthis section, orbythe Company, for the PMN substance. (ii) The Companymayuse signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu ofaffixing labels to individual stationaryprocess containers, as long as the alternative method identifies the containers to which it is applicable and conveys information specifiedby subparagraph (b)(l)(i) ofthis section. Anywritten materials mustbe readily accessible to the employees in their work areas throughout each work shift. (iii) The Companyneed not label portable containers into which the PMN substance is transferred from labeled containers, and which are intended only for the immediateuse ofthe employee who performs the transfer. (iv) The Company shall not remove or deface an existing label on containers ofthe PMN substance obtained from persons outside the Companyunless 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).

section. (i) The label shall, at a minimum, contain the following information: (I) The information prescribed in subparagraph (b)(l)(i) ofthis- 10- (II) Thename 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 mixture containing the PMN substance 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 Companymayprescribe on the 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 beforeprescribing them under this subparagraph (b)(5). (6) Ifthe Companybecomes aware ofany significant new information regarding the hazards ofthe PMN substance or ways to protect against the hazards, this new- 11

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### information mustbe added to the label within 3 months from the time the Company becomes aware ofthe new information. Ifthe PMN substance is not being manufactured, imported, processed, orused in the Company's workplace, the Company must add the
new information to the label before the PMN substance is reintroduced into the workplace.
(c) Material SafetyData Sheets. (1) The Company must obtain ordevelop an MSDS for the PMN substance. (2) The MSDS shall contain, at a minimum, the following information: (i) The identityused on the container label ofthe PMN substance under this section, and, ifnot claimed confidential, the chemical and common name ofthe PMN substance. Ifthe chemical and common names are claimed confidential, a generic chemical name mustbeused. (ii) Physical and chemical characteristics ofthe substance known to the Company, (e.g., vapor pressure, flash point). (iii) The physical 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 any medical conditions which
are expected to be aggravated byexposure to the PMN substance known to the Company. (vi) The primaryroutes ofexposure to the PMN substance.- 12- (vii) Precautionarymeasures to control worker exposure and/or environmental release required bythis Order, or alternative control measures which EPA has determined under40 CFR 721.30 provide substantiallythe same degree ofprotection
as the identified control measures. (viii) Any generally applicable precautions for safe handling and use of the PMN substance 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 orofits lastrevision. (xii) The name, address, and telephone number ofthe Company or another responsible party who canprovide additional information on the chemical substance and any appropriate emergencyprocedures. (3) Ifno relevant information is found orknown 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 substance have similar compositions (i.e., the chemical ingredients are essentiallythe same, but the specific composition varies from mixture to mixture) and similarhazards, the Companymay prepare one MSDS to apply to all ofthese multiple mixtures.

### - 13- (5) Ifthe Companybecomes aware ofany significant new information regarding the hazards ofthe PMN substance or ways to protect against the hazards, this new information mustbe added to the MSDS within 3 months from the time the Company becomes aware ofthe new information. Ifthe PMN substance is not beingmanufactured, imported, processed, orused in the Company's workplace, the Companymust add the
new information to the MSDS before the PMN substance is reintroduced into the workplace. (6) The Companymust ensure that persons receiving the PMN substance 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 maybekept 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 substance and must be readily accessible during each work shift to employees when they are in their work areas. (9) The MSDS mustbeprinted in English; however, the information maybe repeated in other languages.

### - 14- (d) Employee Information and Training. The Companymust ensure that employees are provided with information and training on the PMN substance. This information and training must beprovided at the time ofeach employee's initial assignment to a work
area containing the PMN substance and whenever the PMN substance is introduced into the employee's work area for the first time. (1) Theinformation provided to employees underthis paragraph shall include: (i) Therequirements ofthis section. (ii) Anyoperations in the work area wherethe PMN substance is present. (iii) The location and availability ofthe written hazard communication program required underparagraph (a) ofthis section, including the list ofsubstances required by subparagraph (a)(l) ofthis section and MSDSs required byparagraph (c) of this section. (2) Thetraining provided to employees shall include: (i) Methods and observations that maybeused to detect the presence or release ofthe PMN substance in or from an employee's work area (such as exposure monitoring conducted bythe Company, continuous monitoring devices, visual appearance, or odor ofthe substance whenbeing released). (ii) The potential human health and environmental hazards ofthe PMN substance as specified in paragraph (f) ofthis section. (iii) The measures employees can take to protect themselves and the environment from the PMN substance, including specific procedures the Companyhas implemented to protect employees and the environment from exposure to the PMN substance, including appropriate work practices, emergencyprocedures, personal

### - 15- protective equipment, engineering controls, and othermeasures to control worker exposure and/or environmental release required under this Order, or alternative control
measures which EPAhas determined under40 CFR 721.30 provide the same degree of protection as the specified control measures. (iv) Therequirements ofthehazard communication program developed bythe Companyunderthis section, including an explanation ofthe labeling system and the MSDS required bythis section and guidance on obtaining and using appropriate hazard information.
(e) Existing Hazard Communication Program. The Companyneed not take additional actions ifexistingprograms and procedures satisfy the requirements ofthis section.
(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) ofthis section: (1) Human health hazard statements. This substance may cause: (i) respiratory complications;. (ii) internal organ effects. (iii) cancer. (2) Humanhazard precautionary statements. When using this substance: (i) avoid skin contact. (ii) avoid breathing the substance.

### - 16- (iii) use skin protection. (4) Environmental hazard precautionary statements. Notice to users: (i) disposal restrictions apply. (ii) do not release to water. (5) The human and environmental hazard and precautionary statement on the label preparedpursuant to paragraph (b) ofthis section mustbe followed bythe statement: "See the MSDS for details."

MANUFACTURING (a)(l) Prohibition. The Company shall not cause, encourage, or suggest the manufacture
orimport ofthe PMN substance by any otherperson. (2) Sunset Following SNUR. Subparagraph (a)(l) shall expire 75 days after promulgation ofa final significant new use rule ("SNUR") governing the PMN substance under section 5(a)(2) ofTSCA unless the Companyis notified on orbefore that day ofan action in a Federal Court seekingjudicial review ofthe SNUR. Ifthe Company is so notified, subparagraph (a)(l) shall not expire until EPA notifies the Company in writing that all Federal Court actions involving the SNURhave been resolved and the validity of the SNUR affirmed. (3) Notice ofSNUR. When EPA promulgates a final SNUR for the PMN substance and subparagraph (a)(l) expires in accordance with subparagraph (a)(2), the Company shall notify each person whom it causes, encourages or suggests to manufacture or import the PMN substance ofthe existence ofthe SNUR. 

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### - 17- (b) The Company shall not manufacture the PMN substance: (1) In non-enclosed or unsealed processes when the PMN substance is in the form ofa powder; (2) In non-enclosed orunsealed processes for an application method that generates a vapor, mist, aerosol or a dust.

PROCESSING 

### (a) The Company shall not process the PMN substance: (1) In non-enclosed orunsealed processes when the PMN substance is in the form ofa powder; (2) In non-enclosed or unsealed processes for an application method that generates a vapor, mist, aerosol or a dust. (b) The Company shall transport the PMN substance to processors onlyusing reusuable tote tanks cleaned not more than once per year.

USE 

### (a) The Company shall not use the PMN substance: (3) In non-enclosed orunsealed processes when the PMN substance is in the form ofa powder; (4) In non-enclosed orunsealed processes for an application method that generates a vapor, mist, aerosol or a dust. (5) 

### Otherthan as an"[ ] film coating additive."

### - 18- (b) The Company shall transport the PMN substance to users onlyusing reusuable tote tanks cleaned not more than onceperyear.

DISTRIBUTION (a) Export Notice Requirement. No laterthan the date ofdistribution, the Company shall notifyin writing anyperson to whom it distributes the PMN substance that, due to the issuance ofthis Consent Orderunder section 5( e) ofTSCA, the PMN substance is 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 substance, or (B) ifthe specific chemical identityis confidential, the generic chemical identity.
(b) Distribution Requirements. (i) Except after the PMNhas been completelyreacted as provided inparagraph (c), the Company shall distribute the PMN substance outside the Company, otherthan for disposal, onlyto a person who has agreed in writingprior to the date ofdistribution, to: (1) Notify in writing anyperson to whom it distributes the PMN substance that, due to the issuance ofthis Consent Orderunder section 5(e) ofTSCA, the PMN substance is 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 substance, or (B) ifthe specific chemical

### - 19- identity is confidential, the generic chemical identity. (2) Not further distribute the PMN substance to any otherperson, other than for disposal, until after the PMN substance has been completelyreacted (cured). (3) Comply with the same requirements and restrictions, ifany, required ofthe Company in the Protection in the Workplace section ofthis Order. (4) Comply with the samerequirements and restrictions, ifany, required ofthe Company in the Hazard Communication Program section ofthis Order. (5) Comply with the same environmental release restrictions, ifany, required of the Companyin the Disposal and Release to Water sections ofthis Order. (6) Not process the PMN substance: (i) In non-enclosed orunsealed processes when the PMN substance is in the form ofa powder; (ii) In

### non-enclosed orunsealed processes for an application method that generates a vapor, mist, aerosol or a dust. (7) Notuse the PMN substance: (i) In non-enclosed orunsealed processes when the PMN substance is in the form ofa powder; (ii) In

### non-enclosed orunsealed processes for an application method that generates a vapor, mist, aerosol or a dust. (iii) Other than as an"[ ] film coating additive".

### -20- (8) Shall transport the PMN substance only: (i) Using reusuable tote tanks cleaned not more than once per year. (c) Temporary Transport and Storage. Notwithstanding paragraph (b), the Company maydistribute the PMN substance outside the Company for temporary transport and storage in sealed containers (labeled in accordance with paragraph (b)(2) ofthe Hazard Communication Program section ofthis Order) provided the following two conditions are met: (1) Subsequent to any such exempt temporarytransport or storage ofsealed containers, the PMN substancemaybe distributed onlyto 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 orwashing out the PMN substance may occur only while the PMN substance is in thepossession and control ofthe Company or a person who has given the Companythe written agreementrequiredbyparagraph (b).
(d) Recipient Non-Compliance. If, at any time after commencing distribution in
commerce ofthe PMN substance, the Companyobtains knowledge that a recipient ofthe substance has failed to complywith any ofthe conditions specified in paragraph (b) of this Distribution section or, afterparagraph (b)(2) expires in accordance with subparagraph ( e)(1), has engaged in a significant new use ofthe PMN substance (as defined in 40 CPRPart 721, Subpart E) without submitting a significant newuse notice to EPA, the Company shall cease supplying the substance to that recipient, unless the Companyis able to document each ofthe following:- 21

- 

### (1) That the Companyhas, within 5 working days, notified the recipient in writing that the recipient has failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in a significant new use ofthe PMN substance without submitting a significant new use notice to EPA. (2) 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 complywith those terms, oris aware ofthe terms ofthe significant new use rule for the PMN substance and will not engage in a significant new use without submitting a significant new use notice to EPA. (3) If, after receiving a statement ofassurance from a recipient under subparagraph (d)(2) ofthis Distribution section, the Company obtains knowledge that the recipient has failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in a significant new use ofthe PMN substance without submitting a significant new use notice to EPA, the Company shall cease supplying the PMN substance to that recipient, shall notify EPA ofthe failure to comply, and shall resume supplying the PMN substance to that recipient onlyupon written notification from the Agency.
(e) Sunset Following SNUR. (1) Paragraph (b)(2) ofthis Distribution section shall expire 75 days after promulgation ofa final SNUR for the PMN substance 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 Companyis so notified,-22- paragraph (b)(2) ofthis Distribution section shall not expire until EPA notifies the Company in writing that all Federal Court actions involving the SNUR havebeen resolved and the validity ofthe SNUR affirmed. (2) When EPA promulgates a final SNUR for the PMN substance and paragraph (b)(2) ofthis Distribution section expires in accordance with subparagraph (e)(l), the Company shall notify each person to whom it distributes the PMN substance ofthe existence ofthe SNUR. Such notification mustbein writing and must specificallyinclude all limitations contained in the SNUR which are defined as significant new uses, and which would invoke significant newuse notification to EPA for the PMN substance. Such notice must also reference the publication ofthe SNUR for this PMN substance in either the Federal Register orthe Code ofFederal Regulations. After promulgation ofa SNUR and expiration ofsubparagraph (b)(2), such notice may substitute for the written agreement required in the introductory clause ofparagraph (b); so that, ifthe Companyprovides such notice to the persons to whom it distributes the PMN substance, then the Company is notrequired to obtain from such persons the written agreement specified in paragraph (b).

DISPOSAL (a) The Company shall dispose ofthe PMN substance and any waste stream containing the PMN substance only as follows. This provision does not supersede orpreempt any applicable federal, state, and local laws and regulations ifthose laws are more stringent than the requirements below. . '

### -23- (1) The PMN substance mustbe disposed ofonlyby incineration in a RCRAapproved hazardous waste incinerator. (2) Waste streams from manufacture must be disposed ofonlybyincineration in
a RCRA-approved hazardous waste incinerator. (3) Waste streams from processing must be disposed ofonlybyincineration in a RCRA-approved hazardous waste incinerator. (4) Waste streams from use must be disposed ofonlyby: (i) incineration in a RCRA-approved hazardous waste incinerator or (ii) Recycling viapolymerreclamation. (5) The Company shall not dispose oforrelease the PMN substance into the environment.

RELEASE TO WATER 

### (a) This provision does not supersede orpreempt any applicable federal, state, and local laws and regulations. (Those other laws maybemore stringent than the requirements below.) The Company is prohibited from any predictable orpurposeful release ofthe PMN substance, or any waste stream from manufacturing, processing, oruse containing the PMN substance into the waters ofthe United States.



### 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 copyingbyEPA in accordance with section 11 ofTSCA:-24- (1) Exemptions. Records documenting that the PMN substance did in fact qualify for any one ormore ofthe exemptions described in Section I, Paragraph (b) of this Order. Such records must satisfy all the statutory and regulatoryrecordkeeping requirements applicable to the exemptionbeing claimed bythe Company. Any amounts
orbatches ofthe PMN substance eligible for the export only exemption in Section I, Paragraph (b)(3) 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 sections 12(a)(l)(B) and 12(b), respectively. Any amounts orbatches ofthe PMN substance eligible for theresearch and development exemption in Section I, Paragraph (b)(4) 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 by 40 CFR 720.78(b). For any amounts orbatches ofthe PMN substance claimed to be eligible for any other exemption described in Section I, Paragraph (b) ofthis Order, the Company shall keep records demonstrating qualification for that exemption as well as the records specified inparagraphs (2) and (3) below, but is exempt from the other recordkeeping requirements in this Recordkeeping section; (2) Records documenting the manufacture and importation volume ofthe PMN substance and the corresponding dates ofmanufacture and import; (3) Records documenting the names and addresses (including shipment destination address, ifdifferent) ofall persons outside the site ofmanufacture orimport to whom the Company directly sells ortransfers the PMN substance, the date ofeach sale
ortransfer, and the quantity ofthe substance sold ortransferred on such date;

### -25- (4) Records documenting the address ofall sites ofmanufacture, import, processing, and use; (5) Records documenting establishment and implementation ofa program for the
use ofany applicable personal protective equipment required pursuant to the Protection in the Workplace section ofthis Order; (6) Records documenting the determinations required bythe Protection in the Workplace section ofthis Orderthat chemical protective clothing is impervious to the PMN substance; (7) Records documenting establishment and implementation ofthe hazard communication program required bythe Hazard Communication Program section ofthis Order; (8) Copies oflabels required under the Hazard Communication Program section ofthis Order; (9) Copies ofMaterial Safety Data Sheets required bythe Hazard Communication Program section ofthis Order; (10) Records documenting compliance with any applicable manufacturing, processing, use, and distribution restrictions in the Manufacturing, Processing, Use, and Distribution sections ofthis Order, including distributees' written agreement to comply with the Distribution section ofthis Order; (11) Records documenting compliance with any applicable disposal requirements under the Disposal section ofthis Order, including method ofdisposal, location of disposal sites, dates ofdisposal, and volume ofPMN substance disposed. Where the estimated disposal volume is not known to the Company and is not reasonably

### -26- ascertainable bythe Company, the Companymust maintain otherrecords which demonstrate establishment and implementation ofa program that ensures compliance with any applicable disposal requirements; (12) Records documenting establishment and implementation ofprocedures that
ensure compliance with any applicable water discharge limitation in the Release to Water section ofthis Order; (13) Copies ofany Transfer Documents and notices required bythe Successor Liability section ofthis Order, ifapplicable; and, (14) The Company shall keep a copy ofthis Order at each ofits sites where the PMN substance is manufactured orimported.
(b) Applicability. Theprovisions ofthis Recordkeeping Section are applicable onlyto activities ofthe Company and its Contract Manufacturer, ifapplicable, and not to activities ofthe Company's customers.
(c) OMB Control Number. Underthe Paperwork Reduction Act and its regulations at 5 CFR Part 1320, particularly 5 CFR 1320.5(b), the Companyis not required to respond to this "collection ofinformation" unless this Order displays a currentlyvalid control number from the Office ofManagement and Budget ("OMB"), and EPA so informs the Company. The "collection ofinformation" required in this TSCA §5(e) Consent Order has been approved under currently valid OMB Control Number 2070-0012.

### -27- 

### IV. REQUESTS FOR PRE-INSPECTION INFORMATION 

### (a) EPA's Request for Information. Pursuant to section 11 ofTSCA and 40 CFR 720.122, EPA may occasionally conduct on-site compliance inspections ofCompany facilities and conveyances associated with the PMN substance. To facilitate such inspections, EPA personnel may contact the Company in advance to request information pertinent to the scheduling and conduct ofsuch inspections. Such requests maybe written or oral. The types ofinformation that EPA may request include, but are not limited to, the following: (i) Expected dates and times when the PMN substance will be in production within the subsequent 12 months; (ii) Current workshift schedules for workers who are involved in activities associated with the PMN substance and mayreasonablybe exposed to the PMN substance; (iii) Currentjob titles or categories for workers who are involved in activities associated with the PMN substance and mayreasonablybe exposed to the PMN substance; (iv) Existing exposure monitoring data for workers who are involved in activities associated with the PMN substance and mayreasonably be exposed to the PMN substance; (v) Records required bythe Recordkeeping section ofthis Order; and/or, (vi) Any otherinformation reasonably related to determining compliance with this Order or conducting an inspection for that purpose.- 28- (b) Company's Response. The Company shall respond to such requests within a reasonable period oftime, but in no event later than 30 days afterreceiving EPA's request. When requested in writing byEPA, the Company's response shall bein writing. To the extent the information is known to orreasonably ascertainablebythe 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'srequests.
(c) Confidential Business Information. Any Confidential Business Information ("CBI") that the Company submits to EPApursuant to paragraph (b) shall beprotected in accordance with 

### §14 ofTSCA and 40 CFR Part 2.

V. SUCCESSORLIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedures by which the Company's rights and obligations under this Ordermaybe transferred when the Companytransfers its interests in the PMN substance, including theright to manufacture the PMN substance, to another person outside the Company (the "Successor in Interest").
(b) Relation ofTransfer Date to Notice ofCommencement ("NOC"). (1) Before NOC. Ifthe transfer from the Companyto the Successorin Interest is effectivebefore EPA receives a notice ofcommencement ofmanufacture orimport ("NOC") for the PMN substance from the Companypursuant to 40 CFR 720.102, the Successor in Interest must submit a new PMN to EPA and comply fully with Section

### -29- 5(a)(l) ofTSCA and 40 CFR part 720 before commencing manufacture orimport ofthe PMN substance. (2) After NOC. Ifthe transfer from the Companyto the Successorin Interest is effective after EPA receives a NOC, the Successor in Interest shall comply with 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: (1) "Successor in Interest" means a person outside the Company who has acquired the Company's full interest in the rights to manufacture the PMN substance, including all ownership rights and legal liabilities, through a transfer document signed by the Company, as transferor, and the Successorin Interest, as transferee. The term excludes persons who acquire less than the full interest ofthe Company in the PMN substance, such as a licensee who has acquired a limited license to the patent or manufacturing rights associated with the PMN substance. A Successor in Interest must be incorporated, licensed, or doing business in the United States in accordance with 40 CFR 720.22(a)(3) and 40 CFR 720.3(z). (2) "Transfer Document" means the legal instrument(s) used to conveythe interests in the PMN substance, including the right to manufacture the PMN substance, from the Company to the Successor in Interest.

### -30- (d) Notices. (1) Notice to Successorin Interest. On orbefore the effective date ofthe transfer, the Company shall provide to the Successorin 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 shall, byregistered mail, submit the fully executed Notice ofTransfer document to: U.S. Environmental Protection Agency, New Chemicals Branch (7405), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460. (3) TransferDocument. Copies ofthe Transfer Document mustbe maintainedby the Successor in Interest at its principal place ofbusiness, and at all sites where the PMN substance is manufactured orimported. Copies ofthe TransferDocument must also be made available for inspection pursuant to Section 11 ofTSCA, must state the effective date oftransfer, and must containprovisions which expresslytransfer liability for the PMN substance underthe terms ofthis Order from the Companyto the Successorin Interest.
(e) Liability. (1) 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.- 31

- (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 time in which the Companymanufactured, processed, used, distributed in commerce, or disposed ofthe PMN substance pursuant to the terms ofthis Consent Order.
(f) Obligations to Submit Test Dataunder Consent Order. Ifparagraph (d) ofthe Testing section ofthis Consent Orderrequires the Company to submit test data to EPA at a specified production volume ("test trigger"), the aggregate volume ofthe PMN substance manufactured and importedbythe Companyup to the date oftransfer shall count towards the test trigger applicable to the Successor in Interest.



### VI. MODIFICATION AND REVOCATION OF CONSENT ORDER The Companymaypetition EPA at anytime, based upon new information onthe human health or environmental effects of, orhuman exposure to or environmental release of, the PMN substance, to modify orrevoke substantive provisions ofthis Order. The exposures and risks identified byEPA during its review ofthe PMN substance and the information EPA determined to benecessary to evaluate those exposures and risks are described in thepreamble to this Order. However, in determining whether to amend or revoke 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 that supports the findings in this Order, an examination of
new test data orother information or analysis, and any otherrelevant information.

### -32- EPA will issue a modification orrevocation ifEPA determines that the activities proposed therein will not present an unreasonable risk ofinjury to health orthe environment and will notresult in significant or substantial human exposure or substantial environmental release in the absence ofdata sufficient to permit a reasoned evaluation ofthe health or environmental effects ofthe PMN substance. In addition, the Companymaypetition EPA at any time to make other modifications to the language ofthis Order. EPA will issue such a modification ifEPA determines that the modification is useful, appropriate, and consistent with the structure and intent ofthis Order as issued.- 33- 

### VII. EFFECT OF CONSENT ORDER (a) Waiver. By consenting to the entry ofthis Order, the 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 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 be bound byits 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 not affect any otherrights that the Companymayhave under TSCA.
(b) CBI Brackets. By signing this Order, the Companyrepresents that it has carefully reviewed this document and hereby agrees that all information herein that is claimed as confidential bythe Company (per section 14 ofTSCA, 40 CPR Part 720 Subpart E, and 40 CPR Part 2) is correctly 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

Date 

# •

co Resource Division EHS & R Manager Company: 3M Company- 1 - ATTACHMENT A

DEFINITIONS [Note: The attached Order may not contain some of the terms defined below.] "Chemical name" means the scientific designation ofa chemical substance in accordance with the nomenclature system developed bythe Chemical Abstracts Service's rules ofnomenclature, or a name which will clearly identify a chemical substance for the purpose ofconducting a hazard evaluation. "Chemical protective clothing" means items ofclothing that provide a protective barrierto prevent dermal contact with chemical substances ofconcern. Examples can include, but are not limited to: full bodyprotective clothing, boots, coveralls, gloves, jackets, and pants. "Company" means the person orpersons subject to this Order. "Commercial use" means the use ofa chemical substance or anymixture containing the chemical substance in a commercial enterprise providing saleable goods or a service to consumers (e.g., a commercial drycleaning establishment orpainting contractor). "Commonname" means any designation oridentification such as code name, code number, trade name, brand name, or generic chemical name used to identify a chemical substance other than byits chemical name. "Consumer" means a private individual who uses a chemical substance or any product containing the chemical substance in or around a permanent ortemporary household orresidence, during recreation, or for anypersonal use or enjoyment. "Consumerproduct" means a chemical substance that is directly, or as part ofa mixture, sold ormade available to consumers for theiruse in or around a permanent or temporaryhousehold orresidence, in or around a school, or inrecreation. "Container" means anybag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storagetank, or the like that contains a hazardous chemical. Forpurposes ofthis section, pipes orpiping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. "ContractManufacturer" means a person, outside the Company, who is authorized to manufacture and import the PMN substance under the conditions specified in Part II. ofthis Consent Order and in the Consent Order for Contract Manufacturer.

### - 2- "Identity" means any chemical orcommon name used to identify a chemical substance or a mixture containing that substance. "Immediateuse." A chemical substance is for the "immediateuse" ofa person if it is under the control of, and used onlyby, the person who transferred it from a labeled container and will onlybeused bythat person within the work shift in which it is transferred from the labeled container. "Impervious." Chemical protective clothing is "impervious" to a chemical substance ifthe substance causes no chemical ormechanical degradation, permeation, or penetration ofthe chemical protective clothingunder the conditions of, and the duration of, exposure. "Manufacturing stream" means all reasonably anticipated transfer, flow, or disposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations ofmanufacture, including the cleaning ofequipment. "MSDS" means material safety data sheet, the written listing ofdata for the chemical substance. "Non-enclosedprocess" means any equipment system (such as an open-top reactor, storage tank, ormixing vessel) in which a chemical substance is manufactured, processed, or otherwise used where significant direct contact ofthe bulk chemical substance and the workplace air may occur. "Non-industrial use" means use otherthan at a facility where chemical substances ormixtures are manufactured, imported, orprocessed. "PMN substance" means the chemical substance described in the Premanufacture notice submitted bythe Companyrelevant to this Order. "Personal protective equipment" means any chemical protective clothing or device placed on thebody to prevent contact with, and exposure to, an identified chemical substance or substances in the work area. Examples include, but are not limited to, chemical protective clothing, aprons, hoods, chemical goggles, face splash shields, or equivalent eye protection, and various types ofrespirators. Barrier creams are not included in this definition. "Process stream" means all reasonably anticipated transfer, flow, or disposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations ofprocessing, including the cleaning ofequipment.
"Sealed container" means a closed containerthat is physically and chemically suitable for long-term containment ofthe PMN substance, and from which there will be- 3 -

no human exposure to, nor environmental release of, the PMN substance during transport and storage. "Use stream" means all reasonably anticipated transfer, flow, ordisposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations ofindustrial, commercial, orconsumeruse. "Waters ofthe United States" has the meaning set forth in 40 CFR 122.2. "Work area" means a room or defined space in a workplace where the PMN substance is manufactured, processed, orused and where employees are present. "Workplace" means an establishment at one geographic location containing one ormore work areas.

### 3M Company Company (Transferor) ATTACHMENT B NOTICE OF TRANSFER OF TOXIC SUBSTANCES CONTROL ACT SECTION S(e) CONSENT ORDER


### P09-0048 PMNNumber
1. 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 substance, 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 madebythe 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 ofTransfer. Information which has been previously disclosed to the public (e.g., a chemical identitythat was not claimed as CBI bythe original submitter) would not subsequentlybe eligible for confidential treatment under this Notice ofTransfer.

### - 5 -

TOXIC SUBSTANCES CONTROL ACT SECTION S(e) CONSENT ORDER NOTICE OF TRANSFER (continued) 3M Company P09-0048 Company (Transferor) PMNNumber
Signature ofAuthorized Official 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 Code ,. 

## . 

# . .

### - 6-

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

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

## •