### TABLE OF CONTENTS

Preamble I. Introductiou 

### IL. Summary ofTerms ofthe Order III. Contents ofPMN 

### N. EPA's Assessment ofRisk V. EPA's Conclusions ofLaw VI. Information Required to Evaluate Human Health 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.**R(:(;Qr<ik:ee'pin~** 

### IV. Requests for Pre-Inspection Information V. Successor Liability Upon Transfer ofConsent Order VI. Modification and Revocation ofConsent Order VII. Effect ofConsent Order Attaclunent A - Definitions Attaclunent B - Notice ofTransfer ofConsent Orderiii 

## PREAMBLE I INTRODUCTION Under the authority of§ 5(e) ofthe Toxic Substance Control Act ("TSCA") (15 U.S.C. 2604(e)), the Environmental Protection Agency ("EPA" or "the Agency") issues the attached Order, regarding premanufactnre notice ("PMN") P-09-417 for the chemical substance, short tangled multi-wall carbon nanotubes (MWCNT) obtainedby catalytical vapor deposition, (the "PMN substance"), submitted byNanocyl Corporation, a Georgia Corporation ("the Company"), to take effect upon expiration ofthe PMN review period. The Company submitted the PMN to EPA pursuant to section 5(a)(I) of TSCA and 40 CFRPart 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 of TSCA, such as this one, are subject to the § 12(b) exportnotice requirement.



### II. SUMMARY OF TERMS 

### OF THE ORDER The Consent Order for this PMN substance requires the Company to: (1) Submit certain physical-chemical data within 13 months after the date ofcommencement ofnonexempt commercial manufactnre or import ofthe PMN substance; 2) Submit a 1 gram sample ofthe PMN substance with MSDS to EPA upon request; 3) Provide workers with impervious gloves and chemical protective clothing inthe work area whenever likely to be exposed to the PMN substance dermally in the work area;IV 4) Provide workers with a full-face NIOSH-approved respirator with an N -100 cartridge

to prevent inhalation exposure 

### in the work area; 5) Import, process, and use the PMN substance only as: Plastics additive to improve electrical, thermal, and/or mechanical properties. 6) Notmannfacture the substance in the United States (importonly); 7) Comply with the Release to Waterprovisions; 8) Distnbute the PMN substance only to a person who agrees to follow the same restrictions (except the testing requirements and notto further distribute the substance unless it has been completely reacted (cured); embedded or incorporated into a polymermatrix that has been reacted (cured); or embedded in a permanent solid polymer form that is not intended to undergo further processing, except mechanical); and 9) Maintain certain records.



### III. CONTENTS OF PMN By signing this Order, the Companyrepresents that it has carefully reviewed this document and hereby agrees that all information herein that isclaimed as confidential bythe Company (per section 14 ofTSCA, 40 CFR Part 720 Subpart E, and 40 CFR Part 2) is correctly identified withinbrackets and that any information that is not bracketed is notclaimed 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): Precursor substances, impurities, production volUllle, risk management, particle size distribution, process information, impurities, byproducts.v Chemical Identity: multi-wall carbon nanotubes. Use: Plastics additive to improve electrical, thelIDal, and/or mechanical properties. Maximum 12-Month Production Volume: [ 

## 1 kg/yr. Test Data Submitted with PMN: Particle size infolIDation, subchronic inhalation study, subacute inhalation study, basal cytotoxicity, genotoxicity, and physico-chemical properties.


### IV. EPA'S ASSESSMENT OF RISK The following are EPA's predictions regarding theprobable toxicity, human exposure and environmental release ofthe PMN substance, based on the information currently available to theAgency. HumanHealth Effects Summary: Absorption is expected to bepoor via all routes based ontest datafor chemicals with similar molecular structures and chemicals with similar physical/chemical properties. There are
concerns for lung effects based on the EPARespirable, Poorly Soluble Particulates chemical category. See www.epa.gOv/opptlnewchems/pubs/cat02.htm#Respirable. There are concerns for lung overload for poorly soluble particulates and for lung effects based on test data submitted with P09-417. There are possible concerns for immunotoxicity, oncogenicity and mutagenicitybased on analogs. The major health concerns for the PMN substance are for potential pulmonary toxicity, fibrosis and cancer to workers exposed via the inhalation route. There are also data suggesting thatpulmonary deposition ofsome nanoparticles, including carbon nanotubes, mayinduce cardiovascular toxicity when inhaled.VI Environmental Effects Summary: Toxicity from carbon nanotnbes, "CNT", exposures has been reported in many species at concentrations much higher than any estimated solubility limits. Even though CNTs are not appreciably water soluble as manufactured, aqueous CNT suspensions can be easilymade through reaction with strong acids, ozone, or dispersing agents. Recent laboratoryresearch shows that CNTs combinewith dissolved organic matter (DOM) to form stable aqueous suspensions. No stndies on CNTs are available in which a broad range ofproduction methods, sources, purification, functionalization, etc. were investigated. EPA expects that some fraction ofthe CNTs, ifreleased into the environment, will eventnallybecome suspended in water. Sublethal effects have been noted for single-walled carbon nanotnbes ("SWCNT") in rainbow trout at levels as low as 100 ppb. Noted effects included respiratory stress, ventilationrate, gill
mucus secretion, gill damage, and aggressive behaviors. Liver cell injuries were also readily apparent at these exposure levels and suggest thepossibility ofliver tnmor formation over longer exposure periods. This response is also notable because effects were seen in cells closest to blood vessels, suggesting transport ofrespired or ingested SWCNTs via the blood stream. Some effects in the gut lumen were also observed at these exposure levels. Further stndies needto be conducted before EPA can determine a concentration ofconcern. Such stndies must measure actnal concentrations ofcarbon nanotubes and control for the effects ofcontaminants, solvents, and physical factors such as blockage ofgills or intestines. Before such testingis conducted, advanced fate testing would be necessaryto ascertain what substance is likely to present the bighest environmentally relevant concentrations.vii Exposure and Environmental Release Summary:
Scenario Processing 1 Processing 2 Use # Sites 

### [ ] 

### [] [] Workers [] 

### [] [] (#/site) Exposure 250 250 250 (days/year) Dermal ExposUre 6 6-8 8 (mg/day) Inhalation Exposure 0.0018 0.2 negligible (mg/day) DrinkingWater 

### NA NA· NA Exposure (mg/day) Releases (kg/year) 

### [] [] 

### [] Release 

### to water none none none (kg/day)

. Risk to Workers: The PMN substance maypresent a risk to workers exposed to the PMN substance viainhalation.



### V. EPA'S CONCLUSIONS OF LAW The following findings constitute the basis ofthe Consent Order: (a) EPA is unable 

### to determine thepotential for human health and environmental effects from exposure to the PMN substance. EPA therefore concludes, pursuant to § 5(e)(1)(A)(i) ofTSCA, that the information available to the Agencyis insufficient to permit a reasoned evaluation ofthe humanhealth effects ofthe PMN substance.viii 

### (b) In light ofthe potential risk to hnman health and the environment posedby the uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance, EPAhas 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.



### VI. INFORMATION REQUIRED TQ EVALUATE HEALTH EFFECTS Triggered Testing. The Orderprohibits the Company from exceeding a specified production limit unless the Company submits the information described in the Testing section ofthis Order in accordance with the conditions specified in the Testing section. Pended Testing. The following additional information would be required to evaluate human health and enviromnental effects which maybe caused bythe PMN substance:

Information Combined Toxicity/Carcinogenicity Testing ofRespirable Fibrous Particles Guidelines OPPTS 870.8355

The Order does not require submission ofthe above pended testing at any specified time or production volume. However, the Order's restrictions onmanufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substances will remain in effect until the Order is modified orrevoked by EPA based on submission ofthat or other relevant information.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



## CONSENT ORDER I. SCOPE ()FAPPLICABILITY AND EXEMPTIONS -OFFICE OF PREVENTION, PESTlCII)ES AND TOXIC SUBSTANCES

, . . - (a) Scope. The requirements ofthis Order apply to all commercial manufacturing, processing, distribution in commerce, use and disposal, in the United States, oIthe shorttangled multi-wall carbon nanotubes ("MWCN") obtained by catalytical vapor deposition,( the "PMN substance"), submitted by Nanocyl Corporation, a Georgia Corporation ("the Company"), except tothe extent that those activities are exemptedby paragraph (b). (b) Exemptions. Manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance are exempt from the. requirements ofthis Order (except the requirements in the

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### Ql1!yfo!lie extent that (I) these activities are conducted in full compliance with all applicable requirements ofthe following exemptions, and (2) such compliance is documented by appropriate recordkeeping as required in the Recordkeeping section ofthis Order. (I) Completely Reacted (Cured). Ifquantities ofthe PMN s.ubstance (A) are used solely for the purpose authorized in paragraph b(i) under the Manufacturing section and paragraph (a) ofthe ProcessinglUse section ofthis Order; and (B) those quantities have been (i) completely reacted (cured); (ii) embedded or incorporated into a polymer matrix that itselfhas been reacted

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### 2 (cured); (iii) or embedded in a penuanent solid polymer fonn that is not intended to undergo further processing, except mechanical processing; then the requirements ofthis Order do not apply. (2) 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 Company begins to manufacture the PMN substancefor use in the United States, no further activities by the Companyinvolving the PMN substance are exempt as "solelyfor export" even ifsome amounts ofthe PMN substance are later exported. At that point, therequirements ofthis Order apply to all activities associated with the PMN substance while in the territory ofthe United States. Prior to leaving U.S. territory, even those quantities or batches ofthe PMN substance that
are destined for export are subject to tenus ofthe Order, and count towards any production volume test triggers in the Testing section ofthis Order. (3) Research & Development ("R&D"). The requirements of this Order do not applyto 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. (4) Byproducts. Thereqnirements ofthis Order do not apply to the PMN substance when itis produced, without separate commercial intent, only as "byproducts" as defined at 40 CFR nO.3( d) and in compliance with 40 CFR nO.30(g). (5) No Separate Commercial Pmpose. The requirements ofthis Order do not apply to

### 2 the PMN sUbstance whenitis 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
(c) Automatic Sunset. Ifthe Companyhas obtained for the PMN substance a TestMarket Exemption ("TME") underTSCA §5(h)(1) and 40 CFR 720.38 or a Low Volume Exemption

. ("LVE") or Low Release and Exposure Exemption ("LoREx") under TSCA §5(h)(4) and 40

CFR 723.50(c)(1) and (2) respectively, any such exemption is automaticallyrendered null and void as ofthe effective date ofthis Consent Order.

II. TERMS OF MANUFACTURE, IMPORT, PROCESSING,

DISTRIBUTION IN COMMERCE, USE, AND DISPOSAL PENDING SUBMISSION AND EVALUATION OF INFORMATION
PROHIBITION The Company is 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 necessaryfor a reasoned evaluation ofthe human health effects ofthe substance, and the completion ofEP A's review of, and regulatory action based on, that information, except in accordance with the conditions described in this Order.

TESTING (a) Section 8ee) Reporting. Reports ofinformation on the PMN substance which reasonably4 supports the conclusion that the PMN substance present a substantial risk ofinjury to health or the environment and which is required to bereported under EPA's section 8( e) shall reference the appropriate PMN identification number for this substance and contain a statementthat the substance is subject to this Consent Order. Additional information regarding section (8) reporting requirements canbe found atwww.t<Qa.gov/optitsca8e
(b) Notice ofStudy Scheduling. The Company shall notifY, in writing, the EPA Laboratory Data lntegrity Branch (2225A), Office ofEnforcement and Compliance Assurance, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, ofthe following information within 10 days ofscheduling any study required to be performed pursuant to this Order, or within 15 days after the effective date ofthis Order, whichever is**later~** (1) The date when the studyis scheduled to commence; (2) The name and address ofthe laboratory which will conduct the study; (3) The name and telephone number ofa person atthe Company or the laboratory whom EPA may contact regarding the study; and (4) The appropriate PMN identification number for the substance mid a statementthat the substance is subject to this Consent Order.
(c) Good Laboratory Practice Standards and Test Protocols. Each study required to be performed pursuant to this Ordermustbe conducted according to TSCA Good Laboratory Practice Standards at 40 CFR Part 792 and using methodologies generally accepted in the relevant scientific commuuity at the time the study is initiated. Before starting to conduct any such study, the Companymust obtain approval oftest protocols from EPAby submitting written

### 5 protocols. EPA will respond to the Companywithin4 weeks ofreceiving the written protocols. Published test guidelines specified in paragraph (d) provide general guidance for development of test protocols, but are not themselves acceptable protocols. Approval ofthetest protocol does not mean pre-acceptance oftestresults.
(d) Triggered Testing Requirements. The Company is prohibited from manufacturing or ,importing, or causing another person to manufacture or import ofthe PMN substance beyond 13 months after the date ofcommencement ofnonexempt commercial manufacture orimport ofthe , PMN substance ("the production limit"), unless the Companyprovides the following data for the PMN substance and submits all final reports and underlying data in accordance with the, conditions specified in this Testing section: 1. Dryparticle size distribution as used in the workplace at sites controlled bythe Company where the PMN substance is manufactured orprocessed: STEM (scanning transmission electron microscopy) using a dry particle counting method, no counting after dispersion in a solution and evaporating solvent, with a resolution of< 1 nanometer. Dryparticle size distribution information should include the fraction ofthe particle distribution that is in the respirable range of up to 10 microns. 2. Dustiness (EN 15051 method). 3. Using the STEM, TEM, or SEM method (whichever the Company deems is best) determine the following;

-- Number ofwalls: range and average Tube ends: open, capped, circular, other Tube width/diameter: measure inner and outer diameters (give range) Describe any deformities found in the tubes: bumps, branching, gaps, etc. Description ofthe physical-chemical properties ofthe material tested should take into consideration the characterizations identified in the Guidance Manual for Sponsors ofthe OECD Sponsorship Programme for the Testing ofManufactured Nanomaterials.

### 6 (e) Test Reports. The Company shall: (1) conduct each studyin good faith, with due care, and in a scientifically valid manner; (2) promptly furnish to EPA the results ofany interim phase of each study; and (3) submit, in triplicate (with an additional sanitized copy, ifconfidential business information is involved), the final report ofeach study and all underlying data ("the report and data") to EPAno later than 14 weeks prior to exceeding the applicable production limit. The final report shall contain the contents specified in 40 CFR 792.185. Underlying data shall be submitted to EPAin accordance with the applicable "Reporting", "Data and Reporting", and "Test Report" subparagraphs inthe applicable test guidelines. However, for purposes ofthis Consent Order;the word "should" in those subparagraphs shall be interpreted to mean "shall" to make clear that the submission ofsuch information is mandatory. EPA will notrequire the submission ofraw data such as slides and laboratorynotebooks unless ifEPA finds, on thebasis ofprofessionaljudgment, that an adequate evaluation ofthe study cannot take place in the absence ofthese items.
(f) Testing Waivers. The Company is notrequiredto conduct a study specified in paragraph (d) ofthis Testing section ifnotifiedin writing by EPA that it 

### is unneoessary to conduct that study.
(g) Equivocal Data. IfEPA finds that the data generatedby a study are scientifically equivocal, the Companymay continue to manufacture and import the PMN substance beyond the applicable production limit. To seek relieffrom any other restrictions ofthis Order, the Companymay make a second attemptto obtain unequivocal databy reconducting the study under the conditions specified in paragraphs (b), (c), and (e)(1) and (2). The testing requirements maybe modified, as necessary to permit a reasoned evaluation ofthe risks preseuted bythe PMN substance, oulyby7 mutual consent ofEPA and the Company
.

.(h) EPA Determination ofInvalid Data. (1) Except as described in subparagraph (h)(2), it; within 6 weeks ofEPA's receipt ofa test report and data, the Companyreceives written notice that EPA finds that the data generated by a study are scientifically invalid, the Companyis prohibited from further manufacture and import ofthe PMN substancebeyondthe applicableproduction limit. (2) The Company may continue to manufactureand import the PMN substance beyond the applicable production limit onlyifso notified, in writing, byEPA inresponse to the Company's compliance with either ofthe following subparagraphs (h)(2)(i) or (h)(2)(ii). (i) The Companymayreconduct the study in compliance with paragraphs (b), (c), and (e)(l) and (2). Ifthere is sufficient time to reconduct the study and submit the report and data to EPA at least 14 weeks before exceeding the production limit as required by subparagraph (e

)(3), the Company shall comply with subparagraph (e )(3). Ifthere is insufficient time for the Company to comply witlJ. subparagraph (f)(3), the Companymayexceed the production limit and shall submit the report and 

## data in triplicate to EPA within

# a reasomibfe penodoIume, ail

# as specified by EPA in the notice described in subparagraph (h)(I). EPA will respond to the Company, in writing, within 6 weeks ofreceiving the Company's report and data. (ii) The Companymay, within 4 weeks ofreceiving from EPA the notice described in subparagraph (h)(I), submitto EPA a writtenreport refuting EPA's finding. EPA will respond to the Company, in writing, within 4 weeks ofreceiving the Company's report.

### 8 (i) Company Determination ofInvalid Data. (1)Except as described 

### in subparagraph (i)(2), ifthe Companybecomes aware that circumstances clearly beyond the control ofthe Company orlaboratory will prevent, orhave prevented, development ofscientificallyvalid data under the conditions specified inparagraphs (c) and (e), the Companyremains prohibited from further manufacture and import ofthe PMN substance beyond the applicable production limit. (2) The Companymay submit to EPA, within 2 weeks offirst becoming aware ofsuch circumstances, a written statement explaining why circumstances clearlybeyond the control of

.the Company or laboratory will cause orhave caused development ofscientifically invalid data EPA will notifY the Company ofits response, in writing, within 4 weeks ofreceiving the Company's report. EPA's written response may either: (i) allow the Companyto continue to manufacture and import the PMN substance beyond the applicable production limit, or (ii) require the Companyto continue to conduct, orto reconduct, the study in compliance with paragraphs (b), (c), and (e)(1) and (2). Ifthere is sufficient time to conduct or recondnct the study and submit the report and datato EPA at least 14 weeks before exceeding the production limit as required by subparagraph (e )(3), the Company shall complywith

.subparagraph (e)(3). Ifthere is insufficient time for the Company to comply with subparagraph (e)(3), the Companymay exceed theproduction limit and shall submit the report and data in triplicate to EPA within a reasonable period oftime, all as specified by EPA in the notice described in subparagraph (i)(2).' EPA 

### will respond to the Company, in writing, within 6 weeks ofreceiving the Company's report and data, as to whether the Companymay continue to manufacture and import beyond the applicable production limit.

### 9
0) Unreasonable Risk. (1) EPA maynotify the Company in writing that EPA finds that the data generated by a stndy are scientificallyvaiid and unequivocal and indicate that, despite the terms ofthis Order, the PMN substance will ormaypresent an unreasonable risk ofinjury to humanhealth orthe envirornnent. EPA's notice may specify that the Company undertake certain actions concerning further testing, manufacture, import, processing, distribution, use and!or disposal ofthe PMN substance to mitigate exposures to orto better characterize the risks presentedbythe PMN substance. Within 2 weeks from receipt ofsuch a notice, the Company must cease all manufacture, import, processing, distribution, use and disposal ofthe PMN substance, unless either: (2) within 2 weeks from receipt ofthe notice described in subparagraph G)(l), the Company complies with such requirements as EPA's notice specifies; or (3) within 4 weeks from receipt ofthe notice described in subparagraph 

### 0)(1), the Company submits to EPA a written report refuting EPA's finding and!or the appropriateness of any additional requirements imposedby EPA. The Companymay continue to manufactnre, import, process, distribute,use and dispose ofthe PMN substance in accordance with the terms ofthis Order pending EPA's response to the Company's written report. EPA will respond to the Company, in writing, within 4 weeks of receiving the Company's report. Within 2 weeks of receipt ofEPA's written response, the Company shall comply with anyrequirements imposed by EPA's response or cease all manufacture, import, processing, distribution, use and disposal of the PMN substance.10 (k) Other Requirements. Regardless ofthe satisfaction ofany other conditions in this Testing section, the Companymust continue to obey all the terms ofthis Consent Order until otherwise notified in writing by EPA. The Companymay, based upon submitted test data or other relevant information, petition EPA to modif'y or revoke provisions ofthis Consent Order pursuant to Part VI ofthis Consent Order.

PROTECTION IN THE WORKPLACE (a) Establishment ofProgram. During manufacturing, processing, anduse ofthe PMN substance at any site controlled bythe Company (including any associated packaging and storage and during any cleaning ormaintenance ofequipment associated with the PMN substance), the Companymust establish a program whereby:
(1) General D=al Protection. Each person who is reasonably likely to be dermally exposed in the work area to the PMN substance through direct handling ofthe substance or through contact with equipment on which the substance may exist, orbecausethe substance become airborne in a form listed in subparagraph (a)(5) ofthis section, is provided with, and is required to wear, personal protective equipment thatprovides a barrierto prevent dermal exposure to the substance in the specific work area where the substance are selected for use. Each such item ofpersonal protective**eq~ipment** mustbe selected and used in accordance with OSHA d=al protectionrequirements at 29 CPR 1910.132, 1910.133, and 1910.138. (2) Specific Dermal Protective Equipment. The d=alpersonal protective equipment required by subparagraph (a)(I) ofthis section must include, but is not limited to, the following items:11 (i) Gloves impervious to the PMN substance (ii) Full body clothlng impervious to the PMN substance (3) Demonstration ofImperviousness. The Company is able to demonstrate that each item ofchem.ical protective clothing selected, including gloves, provides an impervious barrier to prevent dermal exposure during normal and expected duration and conditions ofexposure within the work area by anyone or a combination ofthe following: (i) Permeation Testing. Testing the material used to make the chemical protective clothlng and the construction ofthe clothing to establish that the protective clothiug will be impervious for the expected duration and conditions ofexposure. The testing must subject the chemical protective clothing to the expected conditions ofexposure, inCluding the likely combinations ofchemical substance to which the clothing maybe exposed in the work area. Permeation testing maybe conducted according to the American Society for Testing and Materials ("ASTM") F739 "Standard Test Method for Resistance ofProtective Clothing materials to Permeation by Liquids or Gases." Results shall be recorded as a cumulative permeationrate as a function oftime, and shall be documented in accordance with ASTM F739 using the format specified in ASTM Fl194-89 "Guide for Documenting the Results ofChemical Permeation Testing on Protective ClothingMaterials." Permeation testing may also be conducted according to the ASTM F1671-07 "Standard Test Method for Resistance ofMaterials Used in Protective Clothing to Penetration by Blood-Borne Pathogens Using Phi-X174 Bacteriophage Penetration as 

## a: Test System". Gloves maynotbe used for a time period longer than they are actually tested and mustbe replaced at the end ofeach work shift during which they are exposed to the PMN substance. (ii) Manufacturer's Specifications. Evaluating the specifications from the12 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 substancealone and in likely combination with other chemical substance in the work
area. (4) Respiratory Protection. Eachperson who is reasonably likely tobe exposed by inhalation inthe work area to the PMN substance in the form listed in subparagraph (a)(5) ofthis section, is provided with, and is required to wear, at a minimum, a National Institute for Occupational Safety and Health ("NIOSH")-certified respirator with an Applied Protection Factor (APF) of50 from the respirators listed in subparagraph (a)(6) ofthis section, and the respirator is used in accordance with the Occupational Safety and Health Administration ("OSHA") andNIOSH respiratory protectionrequirements at 29 CFR 1910.134 and 42 CFR Part 84. All respirators mustbe issued, used, and maintained according to an appropriate respiratory protection program under the OSHA requirements in29 CFR 1910.134. (5) Physical States. The following physical states ofairborne chemical substance are

. listed for subparagraphs (a)(I) and (4) ofthis section: (i) Particulate (including solids or liquid droplets). (6) Authorized Respirators. The followingNIOSH-certified respirators meet the minimum requirements for subparagraph (a)(4) ofthis section: NIOSH-certified airpurifYing, tight-fitting full-face respirator equipped with N100, P-I00, orR-I00 filter.

MANUFACTURING (a)(1) Prohibition. The Company shall not cause, encourage, or suggest the manufacture or import ofthe PMN substance by any other person.13 (2) Sunset Following SNUR. Subparagraph (a)(1) shall expire 75 days after promulgation of
a final significant newuse nile ("SNUR") governing the PMN substance under section 5(a)(2) of TSCAunless the Companyis notified on orbefore that day ofan action in a Federal Court seekingjudicial review ofthe SNUR. lfthe Companyis so notified, subparagraph (a)(l) shall not expire until EPAnotifies the Company in writing that all Federal Court actions involving the SNURhave beel1 resolved and the validity ofthe 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 personwhom it causes, encourages or suggests to manufacture orimportthe PMN substance ofthe existence ofthe SNUR.
(b) Prohibited Uses. The Company shall not import the PMN substance for use otherthan as plastics additive to improve electrical, thermal, and/or mechanical properties.
(c) The Company shall provide to EPA a 1 gram sample ofthe PMN substance as specified by EPA in a future written request along with a copy ofthe MSDS for the substance.

PROCESSINGAND USE (al The Company shall not process or use the PMN substance other than as a plastics additive to improve electrical, thermal, and/or mechanicalproperties. (b) The Company shall not process oruse the non-exempt PMN substance for commercial or
consumer use.14

DISTRIBUTION (a) Export Notice Requirement No later than the date ofdistribution, the Company shall notify in writing anyperson to whom it distributes the PMN substance that, due to the issuance ofthis Consent Order under 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 inwhich they appear in the Consent Order, the following information: (1) the PMN number and (2) either (A) the specific chemical identity ofthe chemical substance,
or (B) ifthe specific chemical identity is confidential, the generic chemical identity.
(b) Distribution Requirements. (i) Except after the PMN substance hasbeen completelyreacted (cured); embedded or incorporated into a polymer matrix that has beenreacted (cured); or embedded in a permanent solid polymer form that is not intended to undergo further processing, except for mechanical processing, or as provided in paragraph (c) the Company shall distribute the PMN substance outside the Company, other than for disposal, onlyto a person who has agreed in writing prior to the date ofdistribution, to: (1) 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 exportnotification requirements ofTSCA section 12(b) and 40 CFR Part 707 SubpartD. Such nqtice 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 identity is confidential, the generic chemical identity.15 (2) Not further distribute the PMN substance to any otherperson, other than for disposal, until after the PMN substance has been completely reacted (cured); embedded or incorporated into a polymer matrix that has been reacted (cured); embedded in a permanent solidpolymer form that is not intended to undergo further processing, except for mechanical processing. (3) Comply with the same requirements andrestrictions required ofthe Companyin the Protection in theWorkplace section. (4) Notprocess oruse the PMN substance otherthan as a plastics additive to improve electrical, thermal, and/or mechanical properties. (5) Not process oruse the non-exempt PMN substance other than in industrial setup. (6) Comply with the same environmental release restrictions required ofthe Company in the Release to Water Section ofthe Order.
(c) Temporarv Transport and Storage. Notwithstanding paragraph (b), the Companymay distribute the PMN substance outside the Company for temporary transport and storage in sealed containers provided the following two conditions are met: (1) Subsequent to any such exempt temporary transport or storage ofsealed containers, the PMN substance maybe distributed only to the Companyor a person who has given the Company the written agreement required by paragraph (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 are in the possession and control ofthe Company or a person who has given the Company the written agreement required byparagraph (b).16 (d) Recipient Non-Compliance. 

## If; at anytime after commencing distribution in commerce ofthe PMN substance, the Company obtains knowledge that a recipient ofthe substance have failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section or, after subparagraph (b)(i)(2) expires 

### in accordance with subparagraph (e)(l), has engaged in a significant
new use ofthe PMN substanc;e (as defined in40 CFR Part 721, Subpart E) without submitting a significant newuse notice to EPA, the Company shall cease supplying the substance to that recipient, unless the Company is able to document each ofthe following: (1) That the Companyhas, within 5 working days, notified therecipient in writing thatthe recipient has failed to comply with any ofthe conditions specified inparagraph (b) ofthis Distribution section, orhas engaged in a significant new use ofthe PMN substance without submitting a significant newuse 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 comply with those terms,
or is aware ofthe terms ofthe significant new use rule for the PMN substai:tce 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 inparagraph (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 thatrecipient, shall notify EPA of the failure to comply, and shall resume supplying the PMN substance to that recipient onlyupon written notification from the Agency.

### 17
(e) Sunset Following SNUR. (1) Subparagraph (b)(i)(2) ofthis Distribution section shall expire 75 days after promulgation ofa final SNUR for the PMN substance under section 5(a)(2) of TSCA, unless the Company is notified on orbefore that day ofan action 

### in a Federal Court seekingjudicial review ofthe SNUR. Ifthe Companyis so notified, subparagraph (b)(i)(2) ofthis Distribution section shall not expire until EPA notifies the Company inwriting that all Federal Court actions involving the SNURhave belmresolved and the validity ofthe SNUR affirmed. (2) When EPApromulgates a final SNUR for the PMN substance and subparagraph (b)(i)(2) ofthis Distribution section expires 

### in accordance with subparagraph (e)(1), the Company shall notifY eachperson to whom it distributes the PMN substance ofthe existence ofthe SNUR. Such notification mustbe in writing and must specificallyinclude all limitations contained inthe SNUR which are defined as significant new uses, and which would invoke significant new use notification to EPA for the PMN substance. Such notice must also reference the publication ofthe SNURfor this PMN substance in either the Federal Register orthe Code ofFederal Regulations. After promulgation ofa SNUR and expiration ofsubparagraph (b)(i)(2), such notice may substitute for the written agreement required in the introductory clause ofparagraph (b); so that, if the Company provides such notice to thepersons to whom it distributes the PMN substance, then the Company is notrequired to obtain from such persons the written agreement specified in paragraph (b).



### RELEASE TO WATER This provision does not supercede orpreempt any applicable federal, state, or local laws and regulations. Those maybe more stringent than therequirements below.18 The Company is prohibited from anypredictable orpurposeful release ofthe PMN substance, or any waste stream from processing and use containing the PMN substance into the waters ofthe United States.



### RECORDKEEPING (a) Records. The Company shall maintain the following records until 5 years after the date they
are created and shall make them available for inspection and copying byEPAin accordance with section 11 ofTSCA: (1) Exemptions. Records documenting that the PMN substance did in fact qualifY for any
one ormore ofthe exemptions described in Section I, Paragraph 

### (b) ofthis Order. Suchrecords must satisfY all the statutory and regulatory recordkeeping requirements applicable to the exemption being claimed by the Company. Anyamounts orbatches ofthe PMN substance eligible for the Export exemption in Section I, Paragraph 

### (b)(2) ofthis Order, are exempt from all the requirements in this Recordkeepingsection, ifthe Company maintains, for 5 years from the date oftheir creation, copies ofthe export label and export notice to EPA, required byTSCA sections l2(a)(1)(B) and 

### n(b), respectively. Any amounts orbatches ofthe PMN substance eligible for the Research and Development exemption in Section 

### 1, Paragraph 

### (b)(3) ofthis Order,
are exempt from all the requirements in this Recordkeeping section, ifthe Company maintains, for 5 years from the date oftheir creation, the records requiredby 40 CFR 

### nO.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 in paragraphs (2) and (3) below, but is exempt from the other recordkeeping requirements in this Recordkeeping section;19 (2) Records documenting themanufacture 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 or import to whom the Company directly sells ortransfers the PMN substance, the date ofeach sale or transfer, and the quantity of the substance sold ortransferred·on such date; (4) Records documenting the addresses ofall sites ofmanufacture, import, processing, and use; (5) Records documenting establishment and implementation ofa program for the use of any applicable personal protective equipmentrequired pursuant to the Protection in the Workplace section ofthis Order; (6) Records documenting the determinations required bytheProtection in the Workplace section ofthis Order that chemical protective clothingis impervious to the PMN substance; (7) Records documenting compliance with any applicable manufacturing, processing, use, and distribution restrictions in the Manufacturing, Processing, and Use, and Distribution sections ofthis Order, including distributees' written agreement to comply with the Distribution section of this Order; (8) Records documenting establishment and implementation ofprocedures that ensure compliance with any applicable water discharge limitation in the Release to Water section ofthis Order; (9) Copies ofany Transfer Documents and notices required bythe Successor Liability section ofthis Order, ifapplicable; and (10) The Company shall keep a copy ofthis Order at eachofits sites where the PMN20 substance are manufactured ofimported.
(a) Applicability. The provisions ofthis Recordkeeping Section are applicable only to activities ofthe Company and its Contract Manufacturer, ifapplicable, and not to activities ofthe Company's customers.
(b) OMB Control Number. Under the Paperwork Reduction Act and its regnlations at 5 CFR Part 1320, particularly 5 CFR 1320.5(b), the Company is notrequired to respond to this "collection of information" unless this Order displays a currently valid control number from the Office of Management and Budget ("OMB"), and EPA so informs the Company. The "collection of information" required in this TSCA §5(e) Consent Orders has been approved under currently valid OMB Control Number 2070-0012.

IV. REQUESTS FOR PRE-INSPECTION INFORMATION (a) EPA's Request for Information. Pursuantto section 11 ofTSCAand 40 CFR 720.122, EPA may occasionally conduct on-site complianceinspections ofCompany facilities and conveyances associated with the PMN substance. To facilitate such inspections, EPA personnel maycontact 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 mayrequest mayinclude, 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 with21 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 mayreasonablybe exposed to the PMN substance; (v) Records required by the Recordkeeping section ofthis Order; and/or (vi) Any other information reasonably related to determining compliance with this Order or conducting an inspection for that·purpose.
(b) Company's Response. The Company shall respond to such requests within a reasonable period oftime, but in no event later than 30 days after receiving EPA'srequest. Whenrequested in writing by EPA, the Company's response shall be in writing. To the extent the information is known to or reasonably ascertainable to the Company at the time ofthe request, the Company's response shall demonstrate a good faith effort to providereasonably accurate and detailed answers to all ofEPA's requests.
(c) Confidential Business Information. Any Confidential Business Information ("CBI") that the Company submits to EPApursuant to paragraph (b) shall beprotected in accordance with §14 of TSCA and 40 CFR Part 2.

V. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedures by which the Company's rights and obligations under this Ordermaybe transferred when the Companytransfers its interests in the PMN

### 22 substance, including theright to manufacture the PMN substance, to anotherperson outside the Company (the "Successor in Interest").
(b) Relation ofTransfer Date to Notice ofCommencement ("NOC"). (1) Before NOC. Ifthe transfer from the Companyto the Successor in Interest is effective before EPA receives 

### a notice ofcommencement ofmanufacture orimport ("NOC") for the PMN substance from the Companypursuant to 40 CPR 

### 120.102, the SuccessorinInterest must submit
new PMNs to EPA and comply fully with Section S(a)(l) ofTSCA and 40 CPRpart

# no before commencing manufacture orimport ofthe PMN substance. (2) After NOC. Ifthe transfer from the Companyto the Successor in Interest is effective after EPAreceives a NOC, the Successor in Interest shall comply withthe terms of this Order and shall notberequired to submit new PMNs to EPA
(c) Definitions. The following definitions applyto this Successor Liability section ofthe Order: (1) "Successor in Interest" means a person outside the Companywho 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 signedbythe Company, as transferor, and the Successorin Interest, as transferee. The term excludes persons who acquire less than the full interest ofthe Companyin the PMN substance, such as a licensee who has acquired a limited license to the patent ormanufacturing rights associated with the PMN substance. A· Successorin Lllterest must be incorporated, licensed, or doing business in the United States in accordance with 40 CPR nO.22(a)(3). (2) "Transfer Document" means the legal instrument(s) used to convey the interests in the23 PMN substance, including the right to manufacture the PMN substance, from the Company to the Successor in Interest.
(d) Notices. (1) Notice to Successor in Interest. On orbefore the effective date ofthe transfer, the Company shall provide to the Successor in Interest, byregistered mail, a copy ofthe Consent Order and the "Notice ofTninsfer" document which is incorporated byreference as Attachment C· to this Order. (2) Notice to EPA. Within 10 business days ofthe effective date ofthe transfer, the Companyshall, byregisteredmail, 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) Transfer Document. Copies ofthe Transfer Document must be maintained bythe Successor in Iriterest at its principal place ofbusiness, and at all sites where the PMN substance are manufactured or imported. Copies ofthe Transfer Document must also bemade available for inspection pursuant to Section 11 ofTSCA, must state the effective date oftransfer, and must contain provisions which expressly transfer liability for thePMN substance under the terms ofthis Order from the Company to the Successor in 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

### 24 Order effective as ofthe date oftransfer. (3) Nothing in this section shallbe constrned 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 specifiedproduction volume ("test trigger"), the aggregate volumeofthe PMN substance manufactured and imported bythe Companyup to the date oftransfer shall counttowards the test trigger applicable to the

.Successor inInterest.

### 25 VI. MODIFICATION AND REVOCATION OF CONSENT ORDER The Company maypetition EPA at any time, basedupon new information on the health oe environmental effects of, orhuman or environmental exposure to, the PMN substance, to modify
orrevoke substantive provisions ofthis Order. The exposures and risks identified by EPA during its review ofthe PMN substance and the information EPA determined to be necessary to evaluate those exposures and risks are described in the preamble to this Order. However, in determining whether to amend orrevoke this Order, EPA will consider all relevant information available at the time the Agency makes that determination, including, where appropriate, any reassessment ofthe test data or other information that supports the findings in this Order, an examination ofnewtest data or other information or analysis, and anyotherrelevant information. EPA will issue a modification orrevocation ifEPA determines that the activities proposed therein will not present an unreasonable risk ofinjury to health or the environment and will not result in significant or substantial human exposure or substantial environmental release in the absence ofdata sufficient to permit a reasoned evaluation ofthe health or environtnental effects of the PMN substance. In addition, the Company may petition EPA at any time to make other modifications to the language ofthis Order. EPAwill issue such a modification ifEPA determines that the modification is useful, appropriate, and consistent with the structure and intent ofthis Order as issued.

### 26 VII. 

### EFFECT OF CONSENT ORDER (a) Waiver. By consenting to the entry ofthis Order, the Company waives its rights to file objections to this Orderpursuant to section 5(e)(1)(C) ofTSCA, to receive service ofthis Order no later than 45 days beforethe end ofthereviewperiodpursuantto section 5(e)(1)(B) ofTSCA, and 

### to challenge the validity ofthis Order 

## ill any subsequent action.

### Cons~nting to the entry ofthis Order, and agreeing to bebound byits terms, do not constitute an admission bythe Company as to thefacts or conclusions underlying the Agency's determinations inthis proceeding. This waiver does not.affect any

### dth~r rights that the Company mayhaveunder TSCA. (b) CEl Brackets. By signmgthisOrder, the

### C~mpany representsthatithas carefullyreviewed· this document 

### and hereby agrees thai 

### all informationherein that is claimed as confidentialbythe

. . -.. .
· Company(per section 14 ofTScA, 40 CFR Part720 SubpartE, and 40 CFRPart 2) is correctly

· identifiedwithinbrackets and that any informationthatis notbracketedis not claimed 

### as

· confidential Tomakethis docUment available for publicviewing, EPA will remove onlythe information contained within the brackets.

Date

Da

### .J I '1 l ntro1 Division Office f oilution Prevention and Toxics

N Title: Pr Company: Nanocyl Corporation, a Georgia CorporationATTACHMENT 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 by the International Union ofPure and Applied Chemistry or the Chemical Abstracts Service's rules ofnomenclature, or a name which will clearly identify a chemical substance for thepurpose ofconducting a hazard evaluation. "Chemical protective clothing" means items ofclothing that provide a protectivebarrier to prevent dermal contact with chemical substance 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 theuse ofa chemical substance or any mixture containing the chemical substance 

### ill a commercial enterpriseproviding saleable goods or a service to consumers (e.g., a commercial dry cleaning establishment orpainting contractor). "Commonname" means any designation oridentification such as code name, code number, trade name, brand name, or generic chemical nameused to identify a chemical substance other than by its chemical name. "Consumer" means a private individual who uses a chemical substance or anyproduct. containing the chemical substance in or around a permanent ortemporary household or residence, during recreation, orfor any personal use or enjoyment. "Consumerproduct" means a chemical substancethat is directly, or as part ofa mixture, sold ormade available to consumers for their use in or around a permanent or temporary household orresidence, in or around a school, or in recreation. "Container" means anybag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the likethat 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. "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 the "immediate use" ofa person ifit isunder

### 2 the control of, and used onlyby, the person who transferred it from a labeled container and will

- onlybe used bythat person within the work shift in which it is transferred from the labelled

container. "Impervious." Chemical protective clothing is "impervious" to a chemical substance ifthe substance causes no chemical ormechanical degradation, p=eation, orpenetration ofthe chemical protective clothing under 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. "NIOSH" means the National Institute for Occupational Safety and Health ofthe U.S. Department ofHealthand Human Services. "Non-enclosed process" means any equipment system (such as an open-top reactor, storage tank, ormixing vessel) in which a chemical substance is manufactured, processed, orotherwise used where significant direct contact ofthe bulk chemicalsubstance and the workplace air may occur. "Non-industrial use" means use other than at a facility where chemical substance or mixtures are manufactured, imported, orprocessed. "PMN substance" means the chemical substance described inthe Premanufacture notice submittedbythe Companyrelevant to this Order. "Personal protective equipment" means any chemical protective clothing or device placed on the bodyto prevent contact with, and exposure to, an identified chemical substance or substance 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 of respirators. 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 of processing, including the cleaning ofequipment. "Scientifically invalid" means any significant departure from the EPA-approvedprotocol orthe Good Laboratory Practice Standards at 40 CFR Part 792 withoutprior or subsequent Agency approval that prevents a reasoned evaluation ofthe health or environmental effects ofthe PMN substance. "Scientifically equivocal data" means data which, although developed in apparent3 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 ofinjury to human health orthe environment ofthe PMN substance. "Sealed container" means a closed container that is physically and chemically suitable for long-term containment ofthe PMN substance, and from which there will be no human exposure to, nor environmental release of, the PMN substance during transport and storage. "Use stream" means all reasonably anticipated transfer, flow, ordisposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations of industrial, commercial, or consumeruse. "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.Company (Transferor) 

### ATTACHMENTB NOTICE OF TRANSFER OF TOXIC SUBSTANCE CONTROL ACT SECTION See) CONSENT ORDER

PMNNlimber 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 ofapremanufacture 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 Substance Control Act (TSCA, 15 U.S.C. §2604(e». 2. Assumption ofLiability. The Successor in Interest hereby certifies that, as ofthe effective date of transfer, all actions or omissions governedbythe 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 itis incorporated, licensed, or doing business in the United States in accordance with 40 CPR nO.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 CPRpart 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 beenpreviously disclosed to the public (e.g., a chemical identity that was not claimed as CBI by the original submitter) would not subsequentlybe eligible for confidential treatment under this Notice ofTransfer.2

TOXIC SUBSTANCE CONTROL ACT SECTION See) CONSENT ORDER NOTICE OF TRANSFER (continued)
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 Code3



### TOXIC SUBSTANCE CONTROL ACT SECTION See) CONSENT ORDER NOTICE OFTRANSFER (continued)

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