11 

### 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 Attachment C - Consent Order for Contract Manufactureriii 

## 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-IO-0184 for the chemical substance
("the PMN substance") submitted by ("the Company"), to take effectupon expiration ofthe PMN review period. The Company submitted the PMN to EPA pursuant to 

### § 5(a)(1) ofTSCA and 40 CFRPart 720.

Under § 15 ofTSCA, it is unlawful for any person to fail or refuse to comply with any provision of § 5 or any order issued under 

### § 5. Violators may be subject to various penalties and to both criminal and civil liability pursuant to § 16, and to specific enforcement and 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) export notice requirement.



### II. SUMMARY OF TERMS OF THE ORDER The Consent Order for the PMN substance requires the Company to: (a) not manufacture or import the PMN substance unless(b) record and report impurities; iv

(c) not exceed the maximum established levels of (d) maintain certain records. starting raw material
impurities; and,

A Consent Order for Contract Manufacturer is attached to extend these requirements to the identified Contract Manufacturers. The Contract Manufacturers must keep records ofquantities manufactured, but the Company must submit to EPA all information required in the Consent Order.

III. CONTENTS OF PMN By signing this Order, the Company represents that it has carefully reviewed this document and agrees that all information herein that is claimed as confidential by the Company is correctly identified within brackets and that any information that is not bracketed is not claimed as confidential. To make this document available for public viewing, EPA will remove only the information contained within the brackets.

Confidential Business Information Claims (Bracketed inthe Preamble and Order): Company identity; chemical identity; impurities; synonyms; production volume; specific use; operation descriptions, including exposure and release estimates; and physical/chemical properties.

Chemical Identity: Specific: Generic: Alkyl ethoxylatev
Specific: 

## 1 Generic: Surfactant Maximum l2-Month Production Volume: kg/yr Test Data Submitted with PMN: none



### IV. EPA'S ASSESSMENT OF EXPOSURE AND RISK The following are EPA's predictions regarding theprobable toxicity, human exposure and enviromnental release ofthe PMN substance, based on the information currently available to the Agency.

Human Health Effects Summary: EPA has concerns for potential fluorinated incineration or other decomposition products ofthe PMN substance. EPA also has concerns that the PMN substanceunder some conditions ofuse-- particularlynon-industrial, commercial, or consumer
use-- could cause lung effects, based on limited data on some perfluorinated compounds. An acute inhalation study inrats, with dose levels of0.61 mg/L and 5.9 mg/L over a 4 hour exposureperiod, was received on a close analog. The approximate lethal concentration ("ALC") was estimated to be greater than 5.9 mg/L. The ALC value is consistent with a low
concern for acute inhalation toxicity. EPA expects that the PMN substance will degrade based on data on

. The PMN substance may degrade to

Based on available information, EPA has determined that the PMN substance mayhave

. The Companyhas arrangedVI 

### for the raw material supplier to routinely test the following analytes: starting raw material for the

and report those results to the Company in a Certificate ofAnalysis ("COA"). Further, the raw material supplier will annually test the starting raw material for , including establishing calibration curves where the LOQ desired is The Company will continue to work towards reducing the maximum amount of impurities
. During commercial production, these impurities are known to beproduced partlyby

. To reduce these impurities, the Company has agreed to

. The Company will require the Contract Manufacturer to manufacture the substance with starting raw materials that do not exceed the established impurities levels, and maintain "goodhousekeeping" practices
so that limited impurity contamination occurs in the PMN substance from the manufacture of EPA is concerned that these perfluorinated products maybereleased to theenviromnent from incomplete incineration ofthe PMN substance at low temperatures. EPAhas preliminary evidence, including data on other , that suggests that, under some conditions, the PMN substance could degrade in the enviromnent. Based on data on analogous chemicals, including PFOA and , EPA has concerns thatVII 

### these degradation products will persist in the environment, CQuld bioaccumulate orbiomagnify, and could betoxic to people, wild mammals, and birds ("PBT"). The presumed perlluorinated degradants for the PMN substance include
. There is limited toxicological data in aniruals on orprecursors, which is summarized below. PFOA is expected to persist for years in the environment. Biodegradation and photolysis tests ofanalogous substances indicate little orno biodegradation orphotolysis ofperfluoroalkyl compounds. Bioaccumulation concerns are based on the measured presence ofcertain perfluoroalkyl compounds, including; PFOA, in wildlife andin human blood samples. Toxicity studies on PFOA indicate developmental, reproductive and systemic toxicity in various species,
as well as possible cancer concerns. These factors, taken together, raise concerns for potential adverse chronic effects in humans and wildlife. For additional information about PFOA, consult the EPA regulatory docket at OPPT-2003-0012. Additional information about PFOA,

. and other perfluorinated substances may also be found in the

### AdministrativeRecord forPFOS, PFOA, and Telomers andRelated Chemicals (AR-226). AdministrativeRecord (AR-226) is not currently available online, but copies can berequested on CD-ROM from the EPA Docket office bycalling (202) 566-0280 or sending an email 

### requesttooppt.ncic@epa.gov. Limited toxicological, ecological, and fate data now exist on and some ofthe

-derivedpolymers and other substances; see the PMN docket for data for these specific PMNs. EPA previouslyreceived a pharmacokinetics study on and, for comparison, perfluorobutane sulfonate ("PFBS") in the Cynomolgus Monkey. This studyindicates that the
serum half-life of is less than 24 hours in these monkeys. In 

### comparison, the serum half-life ofPFOAhas been shown to be 20.9 days in female monkeys and 32.6 days in male monkeys. In 

### addition, the SerunI 

### half-life ofPFOAin humans is approximately 3.8 years.Vlll 

### Anotherpharmacokinetics study on in rats showed a serum half-life ofone hour or less. These data support the assessment ofreduced bioaccumulation of relative to PFOA. In 

### 2007, EPA received a 90-day studywith a reproduction screen on with dose levels of0, 20,100, and 500 mg/kglday. EPA'sreview ofthis study concluded that a no-observed adverse effect level ("NOAEL") was not established in this study for systemic effects. Nasal tissue, liver, and thyroid effects were observed at 100 and 500 mg/kglday; whilebodyweight, redblood cell system, clotting and kidney effects were observed at 500 mg/kglday. The EPA reviewer concluded that, although not clearly dose related, the elevation oftwo markers for liver toxicity across all treated groups ofmales in clinical chemistry and focal necrosis in the liver, across all treated groups ofmales, as well as intreated recovery males, and the absence ofthisresult in the controls, leads to the conclusion that no NOAEL was achieved. For the one-generation reproductive toxicity component ofthis study, the reproductive toxicityNOAEL is 500 mg/kglday (the highest dose tested). The systemic toxicityNOAEL for PI rats was20 mg/kgldaybased on decreased bodyweightslbody weight gains at 100 and 500 mg/kglday. The systemic toxicity for F1 adults is 100 mg/kgldaybased on reduced body weightslbody weight gains and reduced food consumption at 500 mg/kglday. The developmental toxicityNOAEL for F1 pups was 100 mg/kgldaybased on decrease pup weights at 500 mg/kglday. The rats (PI generation; 20/sex/group) were administered gavage doses of0, 20,100 or 500 mg/kglday for 70 days pre-mating, and then mated for a maximum of2 weeks to produce 1 litter. Dosing was continued during mating, gestation, and lactation.IX 

### In 2005, a Combined Repeated-Dose Toxicity Stndy with ReproductionlDevelopmental Screening Test (OECD Test Guideline 422) in rats was conducted on and the

. The EPA review ofthese subchronic and reproductive data on and the concluded that for no reproductive effects were seen at 50, 150, and 450/300 mg!k:glday (450 was reduced to 300 in the stndy on day4 because oftoxicity) dose levels; however, systemic effects-prinIarily liver effects--were seen. EPA review places the NOAEL for at 50 mg!k:glday. Forthe , a NOAEL of75 mg!k:glday and a Lowest-Adverse Effect Level ("LOAEL") of225 mg!k:glday were established for reproductive or developmental effects at dose levels of25, 75, and 225 mg!k:glday. However, the Agency was only able to establish a LOAEL of25 mg!k:glday for systemic effects. In 

### 2006, another 90-day oral repeated dose toxicity stndy (OECD Test Guideline 408)
was submitted with dose levels of0 (vehicle control), 10, 50, or 200 mg!k:glday, based on the previous Combined Stndy (OECD Test Guideline 422). EPA review sets the Lowest-Observed Effect Level ("LOEL") or LOAEL at 10 mg!k:glday, based on the lowerbodyweight gains in all treated groups ofmales. There was treatment-related toxicity in the liver and the redblood cell system (anemia) in males, as well as increased peroxisomal beta oxidation activity at 200 mg!k:glday. Hepatotoxicity and peroxisomal beta oxidation activityhavebeen observed in stndies on PFOA. The significance ofthe finding ofa benignbrain tumor (astrocytoma) in one male rat in the high dose group is not clear. Thetumor is not the type normally associated with PFOA-type compounds, is not rare, and maybe incidental. Abnormal histopathology observations in the testes of2 males and epididymides of 1 male, at the 200 mg!k:glday dose level, are a sign ofmale reproductive toxicity. Further stndies should investigate male reproductive effects. From thisx study, thepotential for immunotoxic effects is low in contrast to some studies showing immunotoxic effects from PFOA. Any investigation ofimmunotoxic effects should await the corroborative studies now being conducted byEPA's Office ofResearch and Development. There were no clinical signs ofneurotoxicity and there were no treatment-related effects in the functional observationbattery ormotorbehavior. Another 90-day study on concluded that blood and liver effects were seen at the highest dose, with doses comparable to those in other studies. These and other data indicate a different and less toxicprofile for , (apresumed enviromnental degradant ofthe PMN substance), than for PFOA. However, based on: (1) the persistence of ; (2) potential intermediate fate products; and, (3) the possibility or likelihood that this substance maybeused as a major substitute for some uses ofPFOA, EPA believes thatmore information is needed onthe toxicity of and possibly other enviromnental degradantsandthe fate, andphysical/chemical properties of related polymers in the enviromnent. -derived or

EPA also believes that additional reproductive and long-term toxicological studies on in animals are warranted. EPA has received a 90-day Repeated Dose study with Reproductive Screen conductedby another company. Further, EPA expects that a modified reproductive test (OEeD Test Guideline 421, modified) will be conducted by another company. The modifications for the reproductive test include: (I) increase theparental sample size to 20, (2) the duration ofthe study shouldbe extended to until the pups have reached sexual maturation, (3) parental males shouldbe dosed for 10 weeks prior to mating, (4) dosing ofthe parental animals should be continued through lactation and then the pups should be directly dosed until theyreach sexual maturation, (5) pup bodyweight should berecorded on lactationXl 

### days 0, 4, 7, 14, and 21 and then at weekly intervals, (6) litter size canbe standardized to 4 pups/litter on lactation day 4 (optional), (7) at weaning one pup/sex/litter canberandomly selected to follow until sexual maturation, and (8) the time ofsexual maturation should be recorded (i.e. vaginal opeillng and preputial separation). EPA also expects that a Combined Carcinogenicity/Chronic Toxicitytest (Hannonized Test Guideline 870.4300 or OECD Test Guideline 453) and an avian reproduction test inbobwhite quail (OECD Test Guideline 206) will also be conducted by another company. EPA may still seek additional avian reproduction study (OECD Test Guideline 206) in mallard ducks, as well as comparative data. In 

### addition, pharmacokinetics of and otherperfluorinated substances will be developed in testing conductedbythe National Toxicology Program ("NTP") in the so-called Perfluoro Class Studr. EPAbelieves that characterization in mammalian studies ofthe PMN substance would be valuable. The testing will notberequired at any specified time. Therefore, the test is pended in this order, but could berequired as specified on pgs. xvto xvii in order to adequately characterize this PMN substance.

Environmental Effects Summary: EPA expects the PMN substance orthe degradants to be highlypersistent. EPA received acute fish, daphnia, and algae studies on a fonnulated substance similarto the PMN. Results ofthe studies were determined to bevalid and showed moderate toxicity. EPA review ofthe fish study showed a Lowest Effect Concentration ("LOEC") of29 mg/L and the No Effect Concentration ("NOEC") of 13.0 mg/L with no animal deaths and no sub-lethal effects observed. For the daphnia study, the LC50 was 28 mg/L, however, the LOEC was 2.40 mg/L as mortality and sub-lethal effects were observed at this dose. The algae studyhad aXl! 

### NOEC of27.5 mglL and a LOEC of54.8 mglL. Based upon these data, EPAwould set a chronic concern concentration ("COC") at 288 ppb and an acute COC at 2,880 ppb. EPAhas determined that, although the chronic testing would be valuable, the testing will notberequITed at anytime. Therefore, the chronic fish, daphnid, and algae testing are pended in this order. For the fish and daphnia studies, the flow through method with analytical measurement oftest substance should beused, and for the algae study, analytical measurement oftest substance. The submitter should consult Harmonized Test Guideline 850.1000 for difficult to test substances with low water solubility. There is also high concern for possible environmental effects from the potential persistent degradation product As stated previously, the analog PFOA is persistent in the environment, has a long bioretention time in various species, has been detected in a number of species ofwildlife, including marine mammals, and is considered toxic to mammalian and other species. The toxicological properties and presence ofPFOA in the environment continue to be investigated. While EPA has limited acute ecotoxicological effects data on in fish, daphnia, and algae, additional chrouic data on
are being conducted by other companies. is desired. EPA anticipates these tests

Exposure and Environmental Release Summary: Thermal and simulated incineration testing exists on some related polymers. This testing indicates that incomplete incineration products are formed at lowerincineration temperatures. Modified Zalm-Wellens and Semi-Continuous Activated Sludge ("SCAS") biodegradation tests have been conducted on some related polymers. EPAhas determined that some related polymers degrade, while another did not show signs of degradation during the time frame**o~the** 

### test. EPAhas received and reviewed test data showingXill that certain polymers with perfluoroalkyl substituents degrade to form perfluoroalkyl containing intermediates and perfluoroalkyl containing organic acids. EPA expects that the PMN substance will degrade in such a way.
Exposure and Release Summaries: Manufacturing ofthe PMN substance will take place at Occupational exposures are

the environmentduring manufacturing are Processing for

. Occupational exposures are

the environment during processing are Processing for Occupational exposures are . All releases ofthe PMN substance to

will takeplace at

All releases ofthe PMN substance to

will takeplace at

Environmental releases from these activities are

Use of Occupational exposures are

releases during use are will take place a1

All environmentalXIV 

### V. EPA'S CONCLUSIONS OF LAW The following findings constitute the basis ofthe Consent Order: (a) EPA is unable to det=ine thepotential for human health and environmental effects from exposure to the PMN substance and potential degradation products. 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 human health and environmental effects ofthe PMN substance and potential degradation products.
(b) In light ofthe potential risk ofhuman health and environmental effects posedbythe uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance, EPA has concluded, pursuantto § 5( e)(l)(A)(ii)(l) ofTSCA, thatuncontrolled

. manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN

substance maypresent an unreasonable risk ofinjury to humanhealth and the environment.
(c) In light ofthe estimated production volume of, and human exposure to, the PMN substance and potential degradation products, EPA has further concluded, pursuant to 

### § 5(e)(1)(A)(ii)(Il) of TSCA, that the PMN substance will beproduced in substantial quantities and mayreasonablybe anticipated to enter the environment in substantial quantities, and theremay be significant (or substantial) human exposure to the substance and potential degradation products.

### xv
VI. INFORMATIONREOUIRED TO 

### EVALUATE HUMAN HEALTH AND ENVIRONMENTAL EFFECTS Pended Testing. The Order does not require submission ofthepended testing listedbelow at any specified time orproduction volume. However, the Order's restrictions on manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance will remain in effect until the Order is modified ouevokedby EPAbased on submission ofthat or other relevant information. EPA expects thatprotocols wouldbe submitted priorto anyadditional toxicological or ecological testing. Due to the limited water solubility ofsome ofthese substances and consequent analytical difficulties, some modification ofthe protocols maybe necessary. These and other modifications will be agreed upon between EPA and the Company. (1) The following testing on the PMN substance wouldbenecessary to evaluate the human health effects:
Repeated dose inhalation study with a bronchoalveolarlavage component and special attention to histopathology (inflammation and cell proliferation) Guideline Harmonized Test Guideline 870.3050

(2) The following testing on the PMN substance would benecessary to evaluate the ecotoxicityeffects: Guideline Fish early-life stage toxicitytest Harmonized Test Guideline 850.1400 Daphnid chronic toxicity test Harmonized Test Guideline 850.1300 Algal toxicitytest, Tiers I and II Harmonized Test Guideline 850.5400XVI The Special Considerations for Conducting Aquatic Laboratory Studies (Harmonized Test Guideline 850.1000) should beusedfor these tests. (3) The following physicallchemical properties and fate and transport tests onthe PMN substance would be necessaryto evaluate the environmental fate and transport:

Modified Semi-Continuous Activated Sludge (SCAS) with analysis for degradation products UV visible light absorption Direct Photolysis, ifwavelengths greater than 290 iIm are absorbed the previous test (Harmouized Test Guideline 830.7050) Indirect Photolysis Screening Test Hydrolysis as a function ofpH and temperature Aerobic Transformation in Soil Anaerobic biodegradability of organic compounds in digested sludge Phototransformation ofChemicals on Soil Surfaces - 2 soils Simulation Test-Aerobic Sewage Treatment (Activated Sludge Units) Aerobic and Anaerobic Transformations in Aquatic Sediment Systems Anaerobic Transformation in Soil Guideline Harmonized Test Guideline 835.5045, or Harmonized Test Guideline 835.3210, or OECD Test Guideline 302A Harmonized Test Guideline 830.7050 Harmonized Test Guideline 835.2210

Harmonized Test Guideline 835.5270 Harmonized Test Guideline 835.2130 or OECD Test Guideline 111 OECD Test Guideline 307 OECD Test Guideline 311
Draft OECD Test Guideline Jan. 2002 OECD Test Guideline 303A

OECD Test Guideline 308
OECD Test Guideline 307XVll (4) Because some concerns for the PMN substance are based on analogy between and PFOA, and because is a potential ultimate degradation product ofthe PMN substance? the following additional information on would be necessary to evaluate the human health and enviromnental effects whichmaybe causedbythe PMN substance:

Modified I-generation reproduction studyinrats ormice-OROtherreproduction testing in animals that addresses concerns raised in other testing on Combined chronic 

### toxicityl carcinogenicity test in Sprague Dawleyrats Avian reproduction test in bobwhite quail andmallard ducks Guideline OECD Test Guideline 421, modified

OECD Test Guideline 453

OECD Test Guideline 206UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY WASHINGTON, D.C. 20460



## CONSENT ORDER

I. SCOPE OFAPPLICABILITY AND EXEMPTIONS (a) Scope. The requirements ofthis Order applyto all commercial manufacturing, processing, distribution in commerce, use and disposal ofthe chemical substance
(P-1O-OI84) ("the PMN substance") inthe United States by ("the Company"), exceptto the extent that those activities are exemptedbyparagraph (b).
(b) Exemptions. Manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance is exempt from the requirements ofthis Order (except the requirements inthe Recordkeeping and SuccessorLiabilityUpon Transfer OfConsent Order sections) onlyto the extent that (1) these activities are conducted in full compliance with all applicable requirements of the following exemptions, and (2) such compliance is documentedby appropriate recordkeeping as required inthe Recordkeeping section ofthis Order. (1) Export. Until the Companybegins commercialmanufacture 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)

InternetAddress (URL) • http://www.epa.gov RecycledIRecyclable • Printed with Vegetable OD Based Inks on Recycled Paper (Minimum 25% Postconsumer)

## -iand (b), 40 CFR 120.3(s) and 40 CFRPart 707. However, once the Companybegins to manufacture the PMN substance for use in the United States, no further activitybythe Company involving the PMN substance is exempt as "solely for export" even ifsome amount ofthe PMN substance is later exported. At thatpoint, the requirements ofthis Order applyto all activities associated 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 inthe Testing section ofthis Order. (2) Research & Development ("R&D"). Therequirements 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 120.3(cc), and 40 CFR 120.36. The requirements ofthis Order also do not applyto manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance when manufactured solely for non-commercial research and developmentper 40 CFR 120.30(i) and TSCA §5(i). (3) Byproducts. The requirements ofthis Order do not apply to the PMN substance when they areproduced, without separate commercial intent, only as a "byproduct" as defined at 40 CFR 120.3( d) and in compliance with 40 CFR 120.30(g).

(4) No Separate Commercial Purpose. The requirements ofthis Order do not apply to the PMN substance when it is manufactured, pursuant to any ofthe exemptions in40 CFR 120.30(h), with no commercial purpose separate from the substance, mixture, or article ofwhich itis a part. (5) Imported Articles. Therequirements ofthis Order do not applyto the PMN substance when itis imported as part ofan "article" as defined at 40 CFR 120.3(c) and in compliance with 40 CFR 120.22(b)(I).- 3 -
(c) Automatic Sunset. Ifthe Compauy has obtained for the PMN substauce a Test Market Exemption ("TME") under TSCA §5(h)(1) aud 40 CFR 720.38 or a LowVolume Exemption ("LVE") or Low Release aud Exposure Exemption ("LoREX") under TSCA §5(h)(4) aud 40 CFR 723.50(c)(1) aud (2) respectively, auy such exemption is automatically rendered null aud void as ofthe effective date ofthis Consent Order.
II. TERMS OF MANUFACTURE. IMPORT. PROCESSING.

DISTRIBUTION IN COMMERCE. USE. AND DISPOSAL PENDING SUBMISSION AND EV ALUATlON OF INFORMATION
PROHIBITION The Compauy is prohibited from mauufacturing the PMN substauce in the United States, for auy non-exempt commercial purpose, pending the development ofinformation necessary for a reasoned evaluation ofthe humau health aud environmental effects ofthe substauce, aud the completion ofEPA's review of, aud regulatory action based on, that information, except in accordauce with the conditions described in this Order.

(a) The compauy shall not mauufacture or import the PMN substauce unless

(b) The Compauy and/or the Contract Mauufacturer shall aualyze representative samples ofthe PMN substauce to determine compliauce with the requirements in paragraph (a). The Compauy-4- and/or the Contract Manufacturer shall analyze the ofthePMN substance produced at each manufacturing facility both (1) at the time ofinitial commencement of non-exempt manufacture or upon initial import, and (2) at least annually every year the PMN substance is manufactured or imported. The from production at any new facility, or any significantly altered facility ofprocess, must be analyzed at commencement and annually thereafter.

CHEMICAL SYNTHESIS AND COMPOSITION (a) Restrictions. The Company and/or the Contract Manufacturer shall not manufacture the PMN substance unless testing ofthe starting raw material, as supplied by the raw material supplier in a Certificate ofAnalysis ("COA"), is below the maximum established levels of impurities as specified in Table I and Table 2. Ifwithin one year before the date ofmanufacture ofthe PMN substance a productthat contained products was processed or manufactured in the equipment at the facility where the PMN substance is to be made, the Company shall test the Initially Isolated Formulations ofthe PMN substance for the analytes specified in Table 3 to confirm that cross-contamination from the manufacture of product with has not occurred. Testing shall be conducted upon initial commencement ofmanufacture and at least annually thereafter, until one year after the date ofthe last manufacture or processing ofa product that contains products at that facility. No testing ofinitially Isolated Formulations ofthe PMN substance will be required if have not been previously manufactured or processed in the facility. The Company shall submit all test protocols to EPA for review prior to initiating testing. The Company shall record the levels ofimpurities associated- 5 - with the PMN substance manufactured by the Company and/or the Contract Manufacturer, as specified below. For routine reporting, the Company shall record at each manufacturing facility the starting raw material, the , for the following analytes shown in Table 1 below:
Further, the Company will also annually record the starting raw material,

, for the analyte shown in Table 2, below. The Company shall make its best effort to minimize these impurities. Ifany new manufacturing facilities are added, or the manufacture process is significantly altered, then the PMN substance must be tested at commencement ofthese actions and annually thereafter.
(b) Reporting. The Company shall test representative samples ofthe Initially Isolated Formulations ofthe PMN substance manufactured or imported by the Company and/or the Contract Manufacturer to determine compliance with the requirements in paragraph (a). The Company shall test the Initially Isolated Formulations ofthe PMN substance at each manufacturing facility both (J) at the initial commencement ofnon-exempt manufacture ofthe PMN substance at that facility, and (2) at least annually thereafter during every year in which the PMN substance is manufactured at that facility or imported. Ifany new manufacturing facility is added or ifthe process ofmanufacture ofthe PMN substance or any intermediate thereofis significantly altered, then the Initially Isolated Formulation ofthe PMN substance must be tested at commencement ofthese actions and annually thereafter, as set forth above. Ifthe PMN substance is imported, the Company shall obtain from the foreign manufacturer written documentation to certify that representative samples ofthe imported form ofthe PMN substance have been tested, consistent with the requirements ofthis paragraph (b) and determined to comply with the

### - 6- requirements ofparagraph (a). The Company shall report the above testing to EPA at initial commencement ofmanufacture or import and again ifany new manufacturing facility is added or ifthe process ofmanufacture ofthe PMN substance or any intermediate thereofis significantly altered. The Company shall continue to report these impurity levels to EPA armually. This is consistent with the current armual reporting cycle

. In addition to the reporting for the Initially Isolated Formulations ofthe PMN substance itself, the Company shall, for the starting raw material, armually report (I) the average values and the range ofvalues, including outlying data, for the routine testing for the analytes specified in Table 1, and (2) the results ofthe armual testing for the analyte specified in Table 2.

TABLE 1: Chemicals to be Routinely Tested in Starting Raw Material Analyte CAS Number Limit in

TABLE 2: Chemicals to be Tested at least Annually in Starting Raw Material Analyte CAS Number Limit in

### .7-
TABLE 3: Chemicals to be Tested in the Initially IsolatedFormulations ofthe PMN Substance Estimated Maximmn in Initially Analyte CAS Nmnber Isolated Formulations ofthe PMN Substance

MANUFACTUIDNG (a)(l) Prohibition. The Company shall not cause, encourage, or suggestthemanufacture or import ofthe PMN substanceby any otherperson outside the Company, except a Contract Manufacturer
as described inparagraph (b). (2) Sunset Following SNUR. Subparagraph (a)(1) shall expire 75 days after promulgation ofafinal significant new use rule ("SNUR") governing thePMN substance under section 5(a)(2) ofTSCAunless the Companyis notified on orbeforethat day ofan action in a Federal Court seekingjudicialreview ofthe SNUR. Ifthe Companyis so notified, subparagraph (a)(l) shall not expire until EPA notifies the Company in writing that all Federal Court actions involving the SNURhavebeen resolved and the validity ofthe SNUR affirmed. (3) Notice ofSNUR. When EPA promulgates a final SNURfor 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. Such notification mustbe inwriting and must specificallyinclude all limitations contained inthe SNUR which are defined as significant newuses, and which would- 8

- invoke significant newuse notification to EPA for the PMN substance. Such notice must also reference the publication ofthe SNUR for the PMN substance in either the Federal Register or the Code ofFederal Regulations. (4) Subparagraph (a)(2) shall not negate the effects ofany fully executed Consent Order for Contract Manufacturer entered into underparagraph (b)(2).
(b) Contract Manufacturer. Not withstanding paragraph (a), the Companymay cause a Contract Manufacturer outside the Companyto manufacture or import the PMN substance according to the following conditions: (I) The Contact Manufacturermust be under contract to the Companyto manufacture or import the PMN substance solely for the Company. The contract must specifY the identity ofthe PMN substance, the total quantities to be manufactured, and the basic technologyto be used for manufacturing. (2) The Company shall obtain from each Contract Manufacturer a sigued copyofthe Consent Order for Contract Manufacturer (attached to this Order as Attachment C) and submit the copy to EPA along with the name, address, and telephone number ofa responsible official ofthe Contract Manufacturer. The Contract Manufacturer or Companymust receive a fully executed copy ofthe Consent Order for the Contract Manufacturer from EPA before the Contract Manufacturermaybegin manufacture orimport. (3) Ifat anytime, the Companylearns that the Contract Manufacturerhas failed to comply with any ofthe conditions specified in the Consent Order for Contract Manufacturer, the Company shall immediately cease to cause the Contract Manufacturerto manufacture or import the PMN-9- substance, unless the Contract Manufactureris in compliance with a SNURfor the PMN substance, orunless the Company is able to document each ofthe following: (i) That the Companyhas, within 5 working days, notified the Contract Manufacturer in writing that the Contract Manufacturerhas failed to comply with the conditions specified in the Consent Order for Contract Manufacturer. (ii) That, within 15 working days ofnotifying the Contract Manufacturer ofthe noncompliance, the Company received from the Contract Manufacturer, in writing, a statement of
assurance that the Contract Manufacturer is aware ofthe terms ofthe Consent Order for Contract Manufacturer and will complywith those terms.

.(iii) If, after receiving a statement ofassurance from the Contract Manufacturerunder subparagraph (B) ofthis Section, the Company has notice or knowledge that the Contract Manufacturer has failed to comply with any ofthe conditions specified inthe Consent Orderfor Contract Manufacturer, the Companyshall immediately cease to cause the Contract Manufacturer to manufacture orimport the PMN substance, shall notify EPA ofthe failure to comply, and shall resume causing the Contract Manufacturer to manufacture or import the PMN substance onlyupon written notification from the Agency.

DISTRIBUTION (a) Export Notice Requirement. No later than 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: (I) the PMN

### - 10- number, and (2) either (A) the specific chemical identity ofthe PMN substance, or (B) ifthe specific chemical identity is confidential, the generic chemical identity.

RISKNOTIFICATION (a) Ifas a result ofthe test datarequiredunder the terms ofthis Order, the Companybecomes
aware that the PMN substancemaypresent a risk ofinjuryto human health orthe enviromnent (or is so notifiedbyEPA), the Companymust incorporate this new information, and any information
on methods for protecting against such risk, into a Material SafetyData Sheet ("MSDS") for the PMN substance, as described in 40 CFR section 721.72( c), within 90 days from the time the Companybecomes aware ofthe new information. Ifthe PMN substance is not being manufactured, imported, processed, orused in the Company's workplace, the Companymust add the new information to an MSDS before the PMN substance is reintroduced into the workplace.
(b) The Companymust ensure that any Contract Manufacturer (as described inparagraph (b) of the Manufacturing section ofthis Order), persons who will receive the PMN substance from the Company, or who have received the PMN substance from the Companywithin 5 years from the date the Companybecomes aware ofthe newinformation described inparagraph (a) ofthis section, are provided an MSDS containing the information requiredunderparagraph (a) within 90 days from the time the Companybecomes aware ofthe new information.- 11

- 

## m. 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 byEPA in accordance with section 11 ofTSCA: (1) Exemptions. Records documenting that the PMN substance did infact qualifY for any
one ormore ofthe exemptions described in Section 1, Paragraph (b) ofthis Order. Such records must satisfY all the statutory and regulatoryrecordkeepingrequirements applicable to the exemption being claimed bythe Company. Any amounts orbatches ofthe PMN substance eligible for the export only exemption in Section I, Paragraph (b)(1) 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 l2(a)(1)(B) and 12(b), respectively. Any amounts orbatches ofthe PMN substance eligible for the research and development exemption in Section I, Paragraph (b)(2) ofthis Order
are exemptfrom all the requirements in this Recordkeeping section, ifthe Companymaintains, for 5 years from the date oftheir creation, the records requiredby40 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 inparagraphs (2) and (3) below, butis exempt from the otherrecordkeeping requirements in this Recordkeeping section; (2) Records documenting compliance with the requirement, and Chemical Synthesis and Composition and Distribution sections ofthis Order; (3) Records documenting the manufacture and importation volume ofthe PMN substance and the corresponding dates ofmanufacture and import;- 12 - (4) 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; (5) Records documenting the address ofall sites ofmanufacture, import, processing, and use; (6) Copies ofthe material safety data sheets requiredbytheRiskNotification section of this Order; (7) Copies ofany Transfer documents and notices required bythe Successor Liability section ofthis Order, ifapplicable; and, (8) The Company shall keep a copy ofthis Order at each ofits sites where the PMN substance is manufactured, imported, processed, orused.
(b) 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.
(c) OMB Control Number. Underthe Paperwork Reduction Act and its regulations at 5 CFR Part 1320, particularly 5 CFR 1320.5(b), the Company is not required to respond to this "collection of information" uuless 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 Orderhas been approvedunder currentlyvalid OMB Control Number 2070-0012.

### - 13- IV. REQUESTS FORPRE-INSPECTIONINFORMATION (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, EPApersonnel may contact the Companyin advance to request information pertinentto the scheduling and conduct ofsuch inspections. Suchrequests maybe written or oral. The types ofinformation that EPAmayrequest include, but are uot limited to, the following: (1) Expected dates and times when the PMN substance will be in production within the subsequent 12 months; (2) Current workshift schedules for workers who are involved in activities associated with the PMN substance and may reasonablybe exposed to thePMN substance; (3) Currentjob titles or categories for workers who are involved in activities associated with the PMN substance and may reasonablybe exposed to the PMN substance; (4) Existiug exposure monitoring data for workers who are involved in activities

. associated with the PMN substance and mayreasonablybe exposed to the PMN substance that are collected during the manufacture orprocessing ofthe PMN substance; (5) Records required bythe Recordkeeping section ofthis Order; and/or, (6) Any other information reasonablyrelated to determining compliance withthis Order or conducting an inspection for that purpose.
(b) Company's Response. The Company shall respond to suchrequests within a reasonable period oftime, butin no event later than 30 days after receiving EPA's request. When requested in writingbyEPA, the Company's response shall bein writing. To the extent the information is-14

- known to or reasonably ascertainable bythe Company at the time oftherequest, the Company's response shall demonstrate a good faith effort to provide reasonably accurate and detailed answers to all ofEPA's requests.
(c) Confidential Business Information. Any Confidential Business Information ("CBI") thatthe Company submits to EPApursuantto paragraph (b) shall be protected in accordance with §14 of TSCA and 40 CFR Part 2.



# v. SUCCESSOR LIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedures bywhich the Company's rights and obligations under tills Ordermaybe transferred when the Companytransfers its interests in the PMN substance, including the right to manufacture the PMN substance, to anotherperson outside the Company (the "Successor in Interest").
(b) Relation ofTransfer Date to Notice ofCommencement ("NOC"). (1) BeforeNOC. 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 CFR 720.102, the Successor in Interest must submit a
new PMNto EPA and comply fully with Section 5(a)(I) ofTSCA and 40 CFRpart 720 before

.commencing manufacture orimport ofthe PMN substance. (2) AfterNOC. 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 PMNto EPA.- IS

-
(c) Definitions. The following definitions applyto this Successor Liability section ofthe Order: (1) "Successor in Interest" means a person outside the Company who has acquired the Company's full interest in the rights to manufacture the PMN substance, including all ownership rights and legal liabilities, through a transfer document signed bythe Company, as transferor, and the Successor in Interest, as transferee. The term excludes persons who acquire less 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 Successor in Interest mustbe incorporated, licensed, or doingbusiness in the United States in accordance with 40 CPR nO.22(a)(3) and 40 CPR nO.3(z). (2) "Transfer Document" means the legal instrument(s) used to convey the interests in the PMN substance, including the right to manufacture the PMN substance, from the Company to the Successor in Interest.
(d) Notices. (I) Notice to Successor in Interest. On orbefore the effective date ofthe transfer, the Company shall provide to the Successor in Interest, byregistered mail, a copy ofthe Consent Order and the "Notice ofTransfer" documentwhich is incorporatedbyreference 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 executedNotice ofTransfer document to: U.S. Environmental Protection Agency, New Chemicals Branch (7405), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460.- 16

- (3) Transfer Document. Copies ofthe Transfer Document must be maintainedbythe Successorin Interest at its principal place ofbusiness, and at all sites where the PMN substance is manufactured orimported. Copies ofthe Transfer Documentmust also be made available for inspection pursuant to Section 11 ofTSCA, must state the effective date oftransfer, and must contain provisions which expresslytransfer liability for the PMN substance under the terms oftbis Order from the Company to the Successor in Interest.
(e) Liability. (1) The Company shall be liable for compliance with the requirements ofthis Order until the effective date ofthe transfer described above. (2) The Successor in Interest shall be liable for compliance with therequirements ofthis Order effective as ofthe date oftransfer. (3) Nothing in this section shall be construed to prohibit the Agencyfrom 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 Companyto submit test datato EPA at a specified production volume ("test trigger"), the aggregate volume ofthe PMN substancemanufactured and imported bythe Companyup to the date oftransfer shall count towards thetest trigger applicable to the Successorin Interest.- 17

- 

### VI. MODIFICATION AND REVOCATION OF CONSENT ORDER The CompanymaypetitionEP A at any time, based upon new information on the human health or environmental effects of, orhuman exposure to or environmental release of, the PMN substance, to modif'y orrevoke substantiveprovisions ofthis Order. The exposures and risks identifiedbyEPA 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 Agencymakes that determination, including, where appropriate, anyreassessment ofthe test data or other information that supports the findings in this Order, an examination ofnew test data or other information or analysis, and any other relevant information. EPA will issue a modification orrevocation ifEPA determines thatthe activities proposed therein will notpresent 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 environmental effects of the PMN substance. In addition, the Companymaypetition EPA at any timeto make othermodifications to the language ofthis Order. EPA will issue such a modification ifEPA determines that the modification is useful, appropriate, and consistent with the structure and intent ofthis Order as issued.- 18

- 

### 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 laterthan 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 beboundbyits terms, do not constitute an admission bythe Company as to the facts or conclusions underlying the Agency's determinations in this proceeding. This waiver does notaffect any other rights that the Companymayhaveunder TSCA.
(b) CBl Brackets. By signing this Order, the Companyrepresents that it has carefullyreviewed this document and hereby agrees that all information herein that is claimed as confidential bythe Company (per section 14 ofTSCA, 40 CFR Part 720 Subpart E, and 40 CFR Part 2) is correctly identified withinbrackets and that any information that is not bracketed is not claimed as confidential. To make this document available for public viewing, EPAwill remove onlythe information contained within the brackets. (



# q jZ3/1Olb Date Pollution Prevention and Toxics

Date Name: i1 Title: Company: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 developedbythe Chemical Abstracts Service'srules of nomenclature, or a name which will clearly identifY a chemical substance for the purpose of conducting a hazard evaluation. "Chemical protective clothing" means items ofclothing thatprovide a protective barrier to 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 theperson orpersons subject to this Order. "Commercial use" means the use ofa chemical substance or anymixture containing the chemical substance in a commercial enterpriseproviding saleable goods or a service to consumers (e.g., a commercial dry cleaning establishment orpainting contractor). "Common name" means any designation or identification such as code name, code number, trade name, brand name, or generic chemical name used to identifY a chemical substance other thin byits chemical name. "Consumer" means a private individual who uses a chemical substance or anyproduct containing the chemical substance in or around a permanent or temporary household or residence, during recreation, or for anypersonal use or enjoyment. "Consumerproduct" means a chemical substance that is directly, or as part ofa mixture, sold or made available to consumers for their use in or around a permanent ortemporary household or residence, in or around a school, orinrecreation. "Container" means anybag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, orthe 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. "Contract Manufacturer" means a person, outside the Company, who is authorized to manufactnre and import the PMN substance under the conditions specified in Part II. ofthis Consent Order and inthe Consent Order for Contract Manufacturer. "Final Formulation ofthe PMN substances" means the formulated dispersion ofthe PMN substances in the form in which it is sold to customers outside the Company ortransferred to a differentbusiness unit within the Company. The term does notinclude intermediate dilutions of-2- the PMN substances that are intended only for use within the Company for further dilution prior to sale. "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 ifitis under the control of, and used onlyby, theperson who transferred itfrom a labeled container and will onlybeused bythatperson within the work shift in which it is transferred from the labeled container. "Initially IsolatedFormnlations ofthe PMN substances" means a common intermediate PMN formulation, as it exists when first produced and isolated after the polymermanufacturing process, that can be further processed orrepackaged at the direction ofthe Company to result ultimatelyin one ormore final formulations ofthe PMN substances. "Impervious." Chemical protective clothing is "impervious" to a chemical substance ifthe substance causes no chemical ormechanical degradation, permeation,·orpenetration ofthe chemical protective clothing under the conditions of, and the duration of, exposure. "Manufacturing stream" meansallreasonably 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 ofHealth and 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, or otherwiseused where significant direct contact ofthebulk chemical substance and the workplace alr may occur. "Non-industrial use" means use otherthan at a facility where chemical substances or mixtures are manufactllred, imported, orprocessed. "PMN substance" means the chemical substance described in the Premanufacture notice submittedbythe Companyrelevant to this Order. "Personal protective equipment" means any chemicalprotective clothing or device placed onthe bodyto 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- 3

- 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-approved protocol orthe Good Laboratory Practice Standards at 40 CFR Part 792 withoutprior or subsequent Agency approval that prevents a reasoned evaluation ofthehealth or environmental effects ofthe PMN substance. "Scientificallyequivocal data" means data Which, although developed in apparent conformity with the Good LaboratoryPractice Standards and EPA-approved protocols, are inconclusive, internally inconsistent, or otherwise insufficient to permit a reasoned evaluation of the potential risk ofinjury to humanhealth or the environment ofthe PMN substance. "Sealed container" means a closed containerthat is physically and chemically suitable for long-term containment ofthe PMN substance, and from which there will beno human exposure to, nor environmental release of, the PMN substance during transport and storage. "Use stream" means all reasonably anticipated transfer, flow, or disposal 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 arepresent. "Workplace" means an establishment at one geographic location contaiuing one ormore work areas.

### Company (Transferor) ATTACHMENT B NOTICE OF TRANSFER OF TOXIC SUBSTANCES CONTROL ACT SECTION See) CONSENT ORDER

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 issuedbythe 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 ofLiabilitv. The Successorin 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 bethe responsibility ofthe Successor in Interest. Successor in Interest also certifies that it is incorporated, licensed, or doing business inthe United States in accordance with 40 CFR nO.22(a)(3).
3. Confidential Business Information. The Successor in Interest hereby:

_ reasserts,

_ relinquishes, or modifies all Confidential Business Information ("CBI") claims made bythe Company, pursuant to Section 14 ofTSCA and 40 CFRpart 2, for the PMN substance(s). Where "reasserts" or "relinquishes" is indicated, that designation shall be deemedto 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 thepublic (e.g., a chemical identity that was not claimed as CBI bythe original submitter) would not subsequentlybe eligible for confidential treatmentunder this Notice ofTransfer.Company (Transferor) - 2- TOXIC SUBSTANCES CONTROL ACT SECTION 5(e) CONSENT ORDER NOTICE OF TRANSFER (continued)
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- 3 -
TOXIC SUBSTANCES CONTROL ACT SECTION 5(e) CONSENT ORDER NOTICE OF TRANSFER (continued)

Successor's Technical Contact
Address City, State, ZipCode
Phone