# FUJ=f=ILM FUJIFILM Hunt Chemicals U.S.A., Inc. 411 Manufacturer's Road Dayton, TN 37321 423-775-2281 Via Federal Express June 9, 2010 Ms. Virginia Lee US Environmental Protection Agency Office ofPollution Prevention and Toxics EPA East Building, Room 4133G 1201 Constitution Ave., NW Washington, DC 20004 RE: Submittal of5(e) Consent Order for PMN- 09-636 Dear Ms. Lee, ·•r! 

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Enclosed is the signed consent order for PMN 09-636. Ithas been a pleasure to work with you over the past nine months to resolve this matter. Ifthe Agency has any questions or requires additional information please contact me at 423-775-2281 XI031 or via email at lmcdermott@fujihuntusa.com. Again, thank you for all your assistance with this matter. Sincerely,

Lawrence McDermott Manager EHS and Quality Processes FUJIFILM Hunt Chemicals U.S.A., Inc. Dayton, TNUNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF POLLUTION PREVENTION AND TOXICS REGULATION OF A NEW CHEMICAL SUBSTANCE PENDING DEVELOPMENT OF INFORMATION

In the matter of: ) Premanufacture Notice Number: ) r""'\ )

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Consent Order and Determinations Supporting Consent Order11
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 Orderlll 

## PREAMBLE
I. INTRODUCTION Underthe authority of§ 5(e) ofthe Toxic Substances Control Act ("TSCA") (15 U.S.C. 2604(e)), the Environmental Protection Agency ("EPA" or "the Agency") issues the attached Order, regarding premanufacture notice ("PMN") P-09-636 for the chemical substance Benzenamine, 5-(1, 1-dimethylethyl)-2-[(2-ethylhexyl)thio]-, 4-methylbenzenesulfonate (1: 1) ("the PMN substance") submitted byFUJIFILM Hunt Chemicals USA, Inc. ("the Company"), to take effect upon expiration ofthe PMN review period. The Company submitted the PMN to EPA pursuant to§ 5(a)(1) ofTSCA and 40 CFR Part 720. Under § 15 ofTSCA, it is unlawful for any person to fail orrefuse to comply with any provision of§ 5 or any orderissued under§ 5. Violators maybe 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 this PMN substance requires the Companyto: (a) submit to EPA certain toxicity testing at least 14 weeks before manufacturing orimporting a total of 15,000 kilograms ofthe PMN substance for the first tier oftesting, 170,000 kilograms of the PMN substance for the second tier oftesting, and 496,000 kilograms ofthe PMN substance for the third tier oftesting;IV (b) label containers ofthe PMN substance and provide Material SafetyData Sheets ("MSDSs") and worker training in accordance with theprovisions ofthe Hazard Communication Program section; (c) not use the PMN substance otherthan as a site-limited intermediate; (d) distribute the PMN substance only to a person who agrees to follow the same restrictions (except the testing requirements) and to not further distribute the PMN substance until ithas been completelyreacted; (e) comply with the Release to Waterprovisions; and, (f) maintain certain records. 

### III. CONTENTS OF PMN By signing this Order, the Companyrepresents that ithas carefullyreviewed this document and agrees that all information herein that is claimed as confidential bythe Companyis 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 in the Preamble and Order): none Chemical Identity: Benzenamine, 5-(1,1-dimethylethyl)-2-[(2-ethylhexyl)thio]-, 4- methylbenzenesulfonate (1: 1) Use: isolation ofintermediate in theproduction ofsubstance P-03-840 Maximum 12-Month Production Volume: 107,800 kilograms/year Test Data Submitted with PMN: physical and chemical properties, acute oral toxicity, acute dermal irritation/corrosion, skin sensitization Kligman maximization, acute eye irritation/corrosion, and AMES mutagenicityv IV. EPA'S ASSESSMENT OF EXPOSURE AND RISK The following are EPA's predictions regarding the probable human and environmental toxicity, human exposure and environmental release ofthe PMN substance, and its cation's persistence, bioaccumulation, and toxicity (PBT) qualities, based on the information currently available to the Agency. PBT Summary: Generally, PBT chemical substances are chemical substances that partition to water, sediment or soil and are not removed at rates adequate to**pr~vent** theirbioaccumulation in aquatic or terrestrial species, with the potential to pose a risk via food chain toxicity. The PMN substance's cation is estimated to persist in the environment more than two months, to have a bioaccumulation factor greater than or equal to 5000, and to cause chronic risk to the environment and human health. See the category: Persistent, Bioaccumulative, and Toxic (PBT) Chemicals at www.epa.gov/oppt/newchems/pubs/chemcat.htm Human Health Effects Summary: Absorption: Low absorption from the lung and gastrointestinal tract Toxicological Endpoints ofConcern: Blood toxicity, mutagenicity, developmental toxicity, marginal oncogenicity, and irritation to mucous membranes and eyes Basis: analogy to some anilines and submitted test data on the PMN substance Environmental Effects Summary: The environmental risk determination is based on Structural Activity Relationship (SAR) analysis derived from test data on structurally similar aromatic amines. (See www.epa.gov/oppt/newchems/tools/ecosartechfinal.pdf.) Based on this SAR analysis, EPAVI expects toxicity to aquatic organisms to occur at a concentration of 1.0 part perbillion (ppb) PMN substance in surface waters. Exposure and Environmental Release Summary: As stated in the amended PMN, waterreleases are not expected. However, release ofthe PMN substance to the air during the manufacturing and use scenario is expected to yield inhalation exposures to the general public measuring 0.18 mg/kg/day. Risk to Workers and the General Public: Potential risks to human health were determined to be significant due to possible PBT characteristics ofthe cation. However, risk to workers and the general public is mitigated when the substance is used as a site-limited intermediatebecause significant inhalation and ingestion exposures are not expected.



### V. EPA'S CONCLUSIONS OF LAW The following findings constitute the basis ofthe Consent Order:
(a) EPA is unable to determine the potential for the PMN substance, including its cation, to act
as a persistent, bioaccumulative, and toxic chemical, which includes its aquatic toxicity and human health effects, such as blood toxicity, mutagenicity, developmental toxicity, and oncogenicity, from exposure ofhumans and aquatic organisms to the PMN substance. EPA therefore concludes, pursuant to§ 5(e)(1)(A)(i) ofTSCA, that the information available to the Agency is insufficient to permit a reasoned evaluation ofthe human health and environmental effects ofthe PMN substance.Vll (b) In light ofthe potential risk ofpersistence, bioaccumulation, aquatic toxicity and human health effects posedbythe uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance, EPA has concluded, pursuant to § 5(e)(l)(A)(ii)(I) ofTSCA, that uncontrolled manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance maypresent an unreasonable risk ofinjury to human health and the environment.
(c) In light ofthe estimated production volume of, and human exposure to the PMN substance, EPA has further concluded, pursuant to§ 5(e)(l)(A)(ii)(II) ofTSCA, that the PMN substance will beproduced in substantial quantities and mayreasonablybe anticipated to enterthe environment in substantial quantities, and there maybe significant (or substantial) human exposure to·the substance.

VI. INFORMATION REQUIRED TO EVALUATE HUMAN HEALTH AND ENVIRONMENTAL EFFECTS Triggered Testing. The Orderprohibits the Company from exceeding a specified production volume unless the Company submits the information described in the Testing section ofthis Order in accordance with the conditions specified in the Testing section.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



## CONSENT ORDER

I. SCOPE OFAPPLICABILITY AND EXEMPTIONS (a) Scope. Therequirements ofthis Order apply to all commercial manufacturing, processing, distribution in commerce, use and disposal ofthe chemical substance Benzenamine, 5-(1,1- dimethylethyl)-2-[(2-ethylhexyl)thio]-, 4-methylbenzenesulfonate (1: 1) (P-09-636)("the PMN substance") in the United States byFUJIFILM Hunt Chemicals USA, Inc. ("the Company''), except to the extent that those activities are exempted byparagraph (b).
(b) Exemptions. Manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance is exempt from the requirements ofthis Order (except the requirements in the Recordkeeping and Successor Liability Upon Transfer OfConsent Order sections) onlyto the extent that (1) these activities are conducted in full compliance with all applicable requirements of the following exemptions, and (2) such compliance is documented by appropriate recordkeeping as required in the Recordkeeping section ofthis Order.

Internet Address (URL) • http:/twww.epa.gov Racycled/Racyclabla • Printed with Vegetable 01 Based Inks C'n Recycled Paper (Minimum 25% Postconsumer)- 1 -

(1) CompletelyReacted (Cured). The requirements ofthis Order do not apply to quantities ofthe PMN substance after theyhavebeen completelyreacted (cured). (2) De Minimis Concentrations. The requirements ofthis Order do not apply to quantities ofthe PMN substance that are (1) present in the work area only as a mixture and (2) at a concentration not to exceed 1.0 percentbyweight orvolume (0.1 percentby weight orvolume if the PMN substance is identified as a potential carcinogen in paragraph (f) ofthe Hazard Communication Program section ofthis Order). This exemption is not available ifthe Company has reason to believe that, during intended activities, the PMN substance in the mixture maybe reconcentrated above the 1.0 or0.1 percent level, whichever applies. Ifthis Order contains New Chemical Exposure Limits provisions orRelease to Waterprovisions that, respectively, specify a NCEL concentration ("TWA") or in-stream concentration ("N") less than the de minimis concentration specified here, then this de minimis exemption does not apply to those provisions. (3) Export. Until the Companybegins commercial manufacture ofthe PMN substance for
use in the United States, the requirements ofthis Order do not apply to manufacture, processing or distribution in commerce ofthePMN substance solely for export in accordance with TSCA §12(a) and (b), 40 CFR 720.3(s) and 40 CFR Part 707. However, once the Companybegins to manufacture the PMN substance for use in the United States, no further activitybythe Company involving the PMN substance is exempt as "solely for export" even ifsome amount ofthe PMN substance is later exported. At that point, the requirements 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 orbatches ofthe PMN substance that are destined for export

### -2-

are subject to terms ofthe Order, and count towards any production volume test triggers in the Testing section ofthis Order. (4) Research & Development ("R&D"). The requirements of this Order do not apply to manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance in small quantities solely for research and development in accordance with TSCA §5(h)(3), 40 CPR 720.3(cc), and 40 CPR 720.36. Therequirements ofthis Order also do not apply to manufacturing, processing, distribution in commerce, use and disposal ofthe PMN substance when manufactured solely for non-commercial research and development per40 CPR 720.30(i) and TSCA §5(i). (5) Byproducts. The requirements ofthis Order do not apply to the PMN substance when it is produced, without separate commercial intent, only as a "byproduct" as defined at 40 CPR 720.3(d) and in compliance with 40 CPR 720.30(g). (6) No Separate Commercial Purpose. The requirements ofthis Order do not apply to the PMN substance when it is manufactured, pursuant to any ofthe exemptions in 40 CPR 720.30(h), with no commercial purpose separate from the substance, mixture, or article ofwhich it is a part. (7) Imported Articles. Therequirements ofthis Order do not apply to the PMN substance when it is imported as part ofan "article" as defined at 40 CPR 720.3(c) and in compliance with 40 CPR 720.22(b)(1).
(c) Automatic Sunset. Ifthe Companyhas obtained for the PMN substance a Test Market Exemption ("TME") underTSCA §5(h)(l) and 40 CPR 720.38 or a Low Volume Exemption ("L VE") or Low Release and Exposure Exemption ("LoREX") under TSCA §5(h)(4) and 40 CPR 723.50(c)(l) and (2) respectively, any such exemption is automatically rendered null and void as ofthe effective date ofthis Consent Order.

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II. TERMS OFMANUFACTURE, 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 necessary for a reasoned evaluation ofthe persistent, bioaccumulative, and human health and environmental effects ofthe substance, and the completion ofEPA'sreview of, and regulatory action based on, that information, except in accordance with the conditions described in this Order.



### TESTING (a) Section 8(e) Reporting. Reports ofinformation on the PMN substance which reasonably supports the conclusion that the PMN substancepresents a substantial risk ofinjury to health orthe environment, which is required to bereported under EPA's section 8(e) policy statement at 43 Federal Register 11110 (March 16, 1978), 68 Federal Register 33129 (June 3, 2003), and 70 Federal Register 2162 (January 12, 2005), shall reference the appropriate PMN identification number for this substance and contain a statement that the substance is subject to this Consent Order. Additional information regarding section 8(e) reporting requirements can be found in the reporting guide referenced at 56 Federal Register 28458 (June 20, 1991).

### -4- (b) Notice ofStudy Scheduling. The Company shall notify, in writing, the EPA LaboratoryData IntegrityBranch (2225A), Office ofEnforcement and ComplianceAssurance, U.S. Environmental Protection Agency, 1200 PennsylvaniaAvenue, N.W., Washington, D.C. 20460, ofthe following information within 10 days ofscheduling any studyrequired to beperformed pursuant to this Order, orwithin 15 days after the effective date ofthis Order, whichever is later: (1) The date when the study is scheduled to commence; (2) Thename and address ofthe laboratory which will conduct the study; (3) The name and telephone number ofa person at the Company orthe laboratory whom EPA may contact regarding the study; and, (4) The appropriate PMN identification number for each substance and a statement that the substance is subject to this Consent Order.
(c) Good Laboratory Practice Standards and Test Protocols. Each studyrequired to beperformed pursuant to this Ordermust beconducted according to TSCA Good Laboratory Practice Standards at 40 CFR Part 792 and using methodologies generally accepted in the relevant scientific community at the time the study is initiated. Before starting to conduct any study, the Company must obtain approval oftest protocols from EPA by submitting written protocols to EPA. EPA will respond to the Company within 4 weeks ofreceiving the written protocols. Published test guidelines specified in paragraph (d) provide general guidance for development oftest protocols, but are not themselves acceptable protocols. EPA approval ofa test protocol does not mean preacceptance oftest results.' ' 

### - 5- (d) Triggered Testing Requirements. The Companyis prohibited from manufacturing or importingthe PMN substancebeyond the following tiered aggregate manufacture and import volumes ("the production limits"), unless the Company conducts the following studies on the PMN substance's cation and submits all final reports and underlying data in accordance with the conditions specified in this Testing section.

'**~•• ~'**  H**~ ~**  ..**---~** !Tier 1. Production 1 Limit

### ~Study and Guideline



### I... .**"""~".** 'HH'**~~** "' 15,000 kilograms 

# ILogKow • Liquid chromatography (OPPTS 830.7570/0ECD 117) or generator column (OPPTS 830.7560) method**~** Readybiodegradability 

## I. Readybiodegradability (OPPTS 835.3110/0ECD 301) 6 methods (choose one, or an equivalent test): DOC Die-Away, C02 Evolution, Modified MITI (I), Closed Bottle, Modified OECD Screening, Manometric Respirometry or Sealed-vessel C02 production test (OPPTS 835.3120)
Results: Ifthe measured log Kow is <4.2 orifthe test chemical passes the readybiodegradability test (i.e., not persistent in the environment), no further PBT-related testing is required. Ifthe measured log Kow is greaterthan orequal to 4.2 and the chemical does not pass the ready biodegradability test, the chemical would require Tier 2 testing.**~** "" Tier 2. Production

### ~Study and Guideline Limit

--HO 170,000 kilograms

### ~Biodegradability 

# • Shake-flask die-away test (OPPTS 835.3170) (cumulative) or an equivalenttest.
" ' Bioaccumulation 

## • Fish bioconcentration test (OPPTS 850.1730/0ECD 305), or an equivalent test. Measured BCF should bebased on 1 00 percent ' active ingredient and measured 

# I 

# I concentration(s). " Results: Ifthemeasured biodegradation half-life is >60 days and measured BCF is >1000, Tier 3 testing will be required. Ifonlyone condition is met, releases and exposure are further considered to determine ifadditional testing is required.

### -6-**~** /Tier 3. Production

### ~Study and Guideline Limit I**~-** -**~~** - 1496,000 kilograms Human health toxicity 

## • Combined repeated dose oral toxicitywith the (cumulative) reproductive/developmental toxicity screening test (OECD No. 422) in rats and the mammalian erythrocyte micronucleus test (intraperitoneal route) (OPPTS Harmonized Test Guideline 870.5395). Otherhealth testing will be considered where appropriate. Environmental fate 

## • Sediment/watermicrocosm biodegradation test (OPPTS 835.3180). Chronic environmental 

## • Fish early-life stage toxicity test using rainbow toxicity trout (OPPTS 850.1400) and 

# I • Daphnid chronic toxicity test (OPPTS 850.1300). 

## • Additional testing to evaluate otherbiota (e.g., avian, sedill1ent dwelling organisms) or other effects (e.g., endocrine disrupting potential) will be considered where appropriate. (e) Test Reports. The Company shall: (1) conduct each study in good faith, with due care, and in
a scientifically valid manner; (2) promptly furnish to EPA the results ofanyinterim phase ofeach 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 ("thereport and data") to EPA no later than 14 weeks priorto exceeding the applicable production limit. The final report shall contain the contents specified in 40 CFR 792.185. Underlying data shall be submitted to EPA in accordance with the applicable "Reporting," "Data and Reporting," and "Test Report" subparagraphs in the applicable test guidelines. However, for purposes ofthis Consent Order, the word "should" in those subparagraphs shall be interpreted to mean "shall" to make clearthat the submission ofsuch information is mandatory. EPA will require the submission ofraw data such as slides and laboratory notebooks only ifEPA finds, on the basis ofprofessionaljudgment, that an adequate evaluation ofthe studycannot take place in the absence ofthese items.

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(f) Testing Waivers. The Company is not required to conduct a study specified in paragraph (d) of this Testing section ifnotified in writingbyEPA that it is unnecessary 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 otherrestrictions ofthis Order, the Companymaymake
a second attempt to obtain unequivocal databyreconducting the studyunder the conditions specified in paragraphs (b), (c), and (e)(l) and (2). The testing requirements maybemodified, as necessary to permit a reasoned evaluation ofthe risks presented bythe PMN substance, onlyby mutual consent ofEPA and the Company.
(h) EPA Determination ofInvalid Data. (1) Except as described in subparagraph (h)(2), if, 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 substance beyond the applicable production limit. (2) The Companymay continue to manufacture and import the PMN substancebeyond the applicable production limit onlyifso notified, in writing, by EPA in response 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),- 8- the Company shall comply with subparagraph (e)(3). Ifthere is insufficient time for the Company to comply with subparagraph (e)(3), the Company may exceed the production limit and shall submit the report and data in triplicate to EPA within a reasonable period oftime, all as specified byEPA in the notice described in subparagraph (h)(l). 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)(l), submit to EPA a written report refuting EPA's finding. EPA will respond to the Company, in writing, within 4 weeks ofreceiving the Company's report.
(i) CompanyDetermination ofInvalid Data. (1) Except as described in subparagraph (i)(2), ifthe Companybecomes aware that circumstances clearlybeyond the control ofthe Company orlaboratory will prevent, orhave prevented, development ofscientifically valid data under the conditions specified in paragraphs (c) and (e), the Companyremains prohibited from further manufacture and import ofthe PMN substancebeyond 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 ofthe Company or laboratory will cause orhave caused development ofscientificallyinvalid 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

### - 9- (ii) require the Company to continue to conduct, orto reconduct, the study in compliance with paragraphs (b), (c), and (e)(l) and (2). lfthere is sufficient time to conduct or 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). lfthere is insufficient time for the Company to comply with subparagraph (e)(3), the Company may exceed the production limit and shall submit the report and data in triplicate to EPA within a reasonable period oftime, all as specified byEPA 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 importbeyond the applicable production limit.
(j) Unreasonable Risk. (1) EPA may notify the Company in writing that EPA finds that the data generated by a study are scientifically valid and unequivocal and indicate that, despite the terms ofthis Order, the PMN substance and/or cation will ormaypresent an unreasonable risk ofinjury to human health
orthe environment. EPA'snotice may specifythat the Companyundertake 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 presented bythe PMN substance. Within 2 weeks from receipt ofsuch a notice, the Companymust cease all manufacture, import, processing, distribution, use and disposal ofthe PMN substance, unless either: (A) within 2 weeks :from receipt ofthe notice described in subparagraph (j)(1), the Company complies with such requirements as EPA's notice specifies; or- 10- (B) within 4 weeks from receipt ofthe notice described in subparagraph (j)(l), the Company submits to EPA a written report refuting EPA's finding and/or the appropriateness of any additional requirements imposed byEPA. The Companymay continue to manufacture, import, process, distribute, use and dispose ofthe PMN substance in accordance with the terms of this Orderpending EPA's response to the Company's written report. EPA will respond to the Company, in writing, within 4 weeks ofreceiving 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 ofthe PMN substance.
(k) OtherRequirements. Regardless ofthe satisfaction ofany other conditions in this Testing section, the Company must continue to obey all the terms ofthis Consent Order until otherwise notified in writingbyEPA. The Company may, based upon submitted test data orother relevant information, petition EPA to modifY orrevoke provisions ofthis Consent Orderpursuant to Part VI. ofthis Consent Order.

HAZARD COMMUNICATION PROGRAM (a) Written Hazard Communication Program. The Company shall develop and implement a written hazard communication program for the PMN substance in each workplace. The written program will, at a minimum, describe how the requirements ofthis section for labels, MSDSs, and other forms ofwarning material will be satisfied. The Companymust makethe written hazard communication program available, upon request, to all employees, contractor employees, and their designated representatives. The Company may rely on an existing hazard communication- 11

- program, including an existing program established underthe OSHA Hazard Communication Standard (29 CFR 1910.1200), to comply with this paragraph provided that the existinghazard communication program satisfies the requirements ofthis section. The written program shall include the following: (1) A list ofchemical substances known to bepresent in the work area which are subject to
a TSCA section 5(e) consent order signedbythe Companyorto a TSCA section 5(a)(2) SNUR at 40 C.F.R. Part 721, subpart E. The list mustbe maintained in each work area where the PMN substance is known to be present and must use the identityprovided onthe MSDS for the substance required under paragraph (c) ofthis section. The list maybe compiled for the workplace
orfor individual work areas. Ifthe Companyis required eitherby another Orderissued under section 5(e) ofTSCA, orby a TSCA section 5(a)(2) SNUR at 40 CFR Part 721, subpart E, to maintain a list ofsubstances, the lists shall be combined with the list underthis subparagraph. (2) Themethods the Companywill use to inform employees ofthe hazards ofnon-routine tasks involving the PMN substance (e.g., cleaning ofreactor vessels), and the hazards associated with the PMN substance contained in unlabeled pipes in their work area. (3) Themethods the Company will use to inform contractors ofthe presence ofthe PMN substance in the Company's workplace and ofthe provisions ofthis Order ifemployees ofthe contractor work in the Company's workplace and are reasonably likelyto be exposed to the PMN substance while in the Company's workplace.
(b) Labeling. (1) The Company shall ensure that each container ofthe substance in the workplace is labeled in accordance with this subparagraph (b)(1 ).- 12- (i) The label shall, at a minimum, contain the following information: (I) A statement ofthe health hazards(s) and precautionarymeasure(s), if any, identified in paragraph (f) ofthis section orby the Company, for the PMN substance. (II) The identitybywhich the PMN substance maybe commonly recognized. (III) A statement ofthe environmental hazard(s) and precautionary measure(s), ifany, identified in paragraph (f) ofthis section, orbythe Company, for the PMN substance. (IV) A statement ofexposure and precautionarymeasure(s), ifany, identified in paragraph (f) ofthis section, orbythe Company, for the PMN substance. (ii) The Companymayuse signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu ofaffixing labels to individual stationaryprocess containers, as long as the alternative method identifies the containers to which it is applicable and conveys information specified by subparagraph (b)(l)(i) ofthis section. Any written materials mustbereadily accessible to the employees in their work areas throughout each work shift. (iii) The Companyneed not label portable containers into which the PMN substance is transferred from labeled containers, and which are intended onlyfor the immediate
use ofthe employee who performs the transfer. (iv) The Company shall not remove or deface an existing label on containers ofthe PMN substance obtained from persons outside the Companyunless the container is immediately re-labeled with the information specified in subparagraph (b)(l)(i) ofthis section. (2) The Company shall ensure that each container ofthe substance leaving its workplace for distribution in commerce is labeled in accordance with this subparagraph (b)(2).

### - 13- (i) The label shall, at a minimum, contain the following information: (I) The information prescribed in subparagraph (b)(1)(i) ofthis section. (II) The name and address ofthe manufacturer or a responsible party who
can provide additional information on the substance for hazard evaluation and any appropriate emergencyprocedures. (ii) The label shall not conflict with the requirements ofthe Hazardous Materials Transportation Act (18 U.S.C. 1801 et. seq.) and regulations issued under that Act bythe Department ofTransportation. (3) The label, or alternative forms ofwarning, shall be legible and prominently displayed. (4) The label, or alternative forms ofwarning, shall beprinted in English; however, the information mayberepeated in other languages. (5) Ifthe label or alternative form ofwarning is to be applied to a mixture containing the PMN substance in combination with any other substance that is either subject to another TSCA section 5(e) Order applicable to the Company, or subject to a TSCA section 5(a)(2) SNUR at 40 CFR Part 721, subpart E, ordefined as a "hazardous chemical" under the OSHA Hazard Communication Standard (29 CFR 1900.1200), the Companymayprescribe on the label, MSDS,
or alternative form ofwarning, the measures to control worker exposure or environmental release which the Company determines provide the greatest degree ofprotection. However, should these control measures differ from the applicable measures required under this Order, the Company must seek a determination ofequivalency for such alternative control measures pursuant to 40 CFR 721.30 before prescribing them under this subparagraph (b)(5). (6) Ifthe Companybecomes aware ofany significant new information regarding the hazards ofthe PMN substance orways to protect against the hazards, this new information mustbe- 14- added to the label within 3 months 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 the label before the PMN substance is reintroduced into the workplace.
(c) Material SafetyData Sheets. (1) The Companymust obtain or develop an MSDS for the PMN substance. (2) The MSDS shall contain, at a minimum, the following information: (i) The identity used on the container label ofthe PMN substance under this section, and, ifnot claimed confidential, the chemical and common name ofthe PMN substance. Ifthe chemical and common names are claimed confidential, a generic chemical name must be used. (ii) Physical and chemical characteristics ofthe substance known to the Company, (e.g., vaporpressure, flash point). (iii) Thephysical hazards ofthe substance known to the Company, including the potential for fire, explosion, and reactivity. (iv) The potential human and environmental hazards as specified in paragraph (f) ofthis section. (v) Signs and symptoms ofexposure, and any medical conditions which are expected to be aggravated byexposure to the PMN substance known to the Company. (vi) Theprimary routes ofexposure to the PMN substance. (vii) Precautionary measures to control worker exposure and/or environmental release required bythis Order, or alternative control measures which EPA has determined under 40

### - 15- CFR 721.30 provide substantially the same degree ofprotection as the identified control measures. The MSDS must identify any New Chemical Exposure Limits specified in paragraph (b) ofthe New Chemical Exposure Limit section ofthis Order and must contain the information specified in the graduated respirator table inparagraph (e)(2) oftheNew Chemical Exposure Limit section. (viii) Any generally applicable precautions for safe handling and use ofthe PMN substance which are known to the Company, including appropriate hygienic practices, protective
measures during repair and maintenance ofcontaminated equipment, and procedures for response to spills and leaks. (ix) Any generally applicable control measures which are known to the Company, such as appropriate engineering controls, work practices, orpersonal protective equipment. (x) Emergency first aid procedures known to the Company. (xi) The date ofpreparation ofthe MSDS or ofits last revision. (xii) The name, address, and telephone number ofthe Company or another responsible partywho canprovide additional information on the chemical substance and any appropriate emergencyprocedures. (3) Ifno relevant information is found orknown for any given category on the MSDS, the Companymust mark the MSDS to indicate that no applicable information was found. ( 4) Where multiple mixtures containing the PMN substance have similar compositions (i.e., the chemical ingredients are essentiallythe same, but the specific composition varies from mixture to mixture) and similarhazards, the Companymayprepare one MSDS to apply to all of these multiple mixtures. (5) Ifthe Companybecomes aware ofany significant new information regarding the hazards ofthe PMN substance orways to protect against the hazards, this new information mustbe

### - 16- added to the MSDS within 3 months 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 Company must add the new information to the MSDS before the PMN substance is reintroduced into the workplace. (6) The Companymust ensure that persons receiving the PMN substance from the Company are provided an appropriate MSDS with their initial shipment and with the first shipment after an MSDS is revised. The Company may eitherprovide the MSDS with the shipped containers or send it to the person priorto or at the time ofshipment. (7) The Companymust maintain a copy ofthe MSDS in its workplace, and must ensure that it is readily accessible during each work shift to employees when they are in their work areas. (8) The MSDS maybe kept in any form, including as operatingprocedures, and maybe designed to cover groups ofsubstances in a work area where it maybemore appropriate to address thepotential hazards ofa process rather than individual substances. However, in all cases, the required information must be provided for the PMN substance and mustbereadily accessible during each work shift to employees when they are in their work areas. (9) The MSDS must beprinted in English; however, the information mayberepeated in otherlanguages.
(d) Employee Information and Training. The Companymust ensure that employees are provided with information and training on the PMN substance. This information and training must be provided at the time ofeach employee's initial assignment to a work area containing the PMN substance and whenever the PMN substance is introduced into the employee's work area for the first time.- 17- (1) The information provided to employees underthis paragraph shall include: (i) The requirements ofthis section. (ii) Any operations in the work area where the PMN substance is present. (iii) The location and availability ofthe written hazard communication program required under paragraph (a) ofthis section, including the list ofsubstances required by subparagraph (a)(l) ofthis section and MSDSs required byparagraph (c) ofthis section. (2) The training provided to employees shall include: (i) Methods and observations that maybeused to detect thepresence orrelease of the PMN substance in or from an employee's work area (such as exposure monitoring conducted bythe Company, continuous monitoring devices, visual appearance, or odor ofthe substance when being released). (ii) Thepotential human health and environmental hazards ofthe PMN substance
as specified inparagraph (f) ofthis section. (iii) Themeasures employees can take to protect themselves and the environment from the PMN substance, including specific procedures the Companyhas implemented to protect employees and the environment from exposure to the PMN substance, including appropriate work practices, emergencyprocedures, personal protective equipment, engineering controls, and other
measures to control worker exposure and/or environmental release required under this Order, or alternative control measures which EPA has determined under40 CFR 721.30 provide the same degree ofprotection as the specified control measures. (iv) The requirements ofthe hazard communication program developed bythe Companyunderthis section, including an explanation ofthe labeling system and the MSDS required bythis section and guidance on obtaining and using appropriate hazard information.- 18

-

(e) Existing Hazard Communication Program. The Company need not take additional actions if existing programs and procedures satisfythe requirements ofthis section.
(f) Human Health, Environmental Hazard, Exposure, and Precautionary Statements. The following human health and environmental hazard and precautionary statements shall appear on each label as specified in paragraph (b) and the MSDS as specified in paragraph (c) ofthis section: (1) Human health hazard statements. This substancemay cause: (i) developmental effects. (2) Human hazard precautionary statements. When using this substance: (i) avoid breathing the substance. (iii) avoid ingestion. (3) Environmental hazard statements. This substance maybe: (i) toxic to fish. (ii) toxic to aquatic organisms. (4) Environmental hazard precautionary statements. Notice to users: (i) do not release to water. (5) The human and environmental hazard and precautionary statement on the label preparedpursuant to paragraph (b) ofthis section must be followed bythe statement: "See the MSDS for details."

### - 19- MANUFACTURING (a)(l) Prohibition. The Company shall not cause, encourage, or suggest the manufacture orimport ofthe PMN substanceby any otherperson. (2) Sunset Following SNUR. Subparagraph (a)(1) shall expire 75 days afterpromulgation ofa final significant new use rule ("SNUR") governing the PMN substance under section 5(a)(2) ofTSCA unless the Companyis notified on orbefore that day ofan action in a Federal Court seekingjudicial review ofthe SNUR. Ifthe Company is so notified, subparagraph (a)(l) shall not expire until EPA notifies the Company in writing that all Federal Court actions involving the SNUR havebeen resolved and the validity ofthe SNUR affirmed. (3) Notice ofSNUR. When EPA promulgates a final SNUR for the PMN substance and subparagraph (a)(1) 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.



### USE (a) The Company shall not use the PMN substance other than as a site-limited intermediate.



### 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 Orderunder section 5(e) ofTSCA, the PMN substance is subject to the export notification requirements ofTSCA section 12(b) and 40 CFR Part 707 Subpart D. Such notice shall contain, in the form in which it appears in this Consent Order, the following information: (1) the PMN-20- number, and (2) either (A) the specific chemical identity ofthe PMN substance, or (B) ifthe specific chemical identity is confidential, the generic chemical identity.
(b) Distribution Requirements. (i) Except after the PMN has been completelyreacted or as provided in paragraph (c), the Company shall distribute the PMN substance outside the Company, otherthan for disposal, only to a person who has agreed in writing priorto the date ofdistribution, to: (1) 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 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. (2) Not further distribute the PMN substance to any otherperson, otherthan for disposal, until after the PMN substance has been completelyreacted (cured). (3) Comply with the same requirements and restrictions, required ofthe Company in the Hazard Communication Program section ofthis Order. (4) Comply with the same environmental release restrictions, required ofthe Companyin the Release to Water sections ofthis Order. (5) Not use the PMN substance otherthan as a site-limited intermediate. (ii) Disposal Exemption. Except for the §12(b) export notice requirement in paragraph (b)(i)(1) above, the distribution requirements in (b)(i) do not apply when the Company distributes the PMN substance for disposal only.-21

-

(c) Temporary Transport and Storage. Notwithstanding paragraph (b), the Companymay distribute the PMN substance outside the Company for temporary transport and storage in sealed containers (labeled in accordance with paragraph (b)(2) ofthe Hazard Communication Program section ofthis Order) provided the following two conditions are met: (1) Subsequentto any such exempt temporary transport or storage ofsealed containers, the PMN substance maybe distributed onlyto the Company or a person who has given the Company the written agreement required byparagraph (b). (2) Anyhuman exposure or environmental release resulting from opening the sealed containers and removing orwashing out the PMN substance may occur only while the PMN substance is in the possession and control ofthe Company or a person who has given the Company the written agreement required byparagraph (b).
(d) Recipient Non-Compliance. If, at any time after commencing distribution in commerce ofthe PMN substance, the Company obtains knowledge that a recipient ofthe substance has failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section or, after paragraph (b)(2) expires in accordance with subparagraph (e)(l), has engaged in a significant new
use ofthe PMN substance (as defined in 40 CFR Part 721, Subpart E) without submitting a significant new use notice to EPA, the Company shall cease supplying the substance to that recipient, unless the Companyis able to document each ofthe following: (1) That the Companyhas, within 5 working days, notified the recipient in writing that the recipient has failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in a significant new use ofthe PMN substance without-22- submitting a significant new use notice to EPA. (2) That, within 15 working days ofnotifying the recipient ofthe noncompliance, the Companyreceived from the recipient, in writing, a statement ofassurance that the recipient is
aware oftheterms ofparagraph (b) ofthis Distribution section and will comply with those terms,
or is aware ofthe terms ofthe significant new use rule for the PMN substance and will not engage in a significant new use without submitting a significant new use notice to EPA. (3) If, after receiving a statement ofassurance from a recipient under subparagraph (d)(2) ofthis Distribution section, the Company obtains knowledge that the recipient has failed to comply with any ofthe conditions specified in paragraph (b) ofthis Distribution section, orhas engaged in
a significant new use ofthe PMN substance without submitting a significant new use notice to EPA, the Company shall cease supplying the PMN substance to that recipient, shall notify EPA of the failure to comply, and shall resume supplying the PMN substance to that recipient onlyupon written notification from the Agency.
(e) Sunset Following SNUR. (1) Paragraph (b)(2) ofthis Distribution section shall expire 75 days after promulgation ofa final SNUR for the PMN substance under section 5(a)(2) ofTSCA, unless the Company is notified on orbefore that day ofan action in a Federal Court seeking judicial review ofthe SNUR. Ifthe Companyis so notified, paragraph (b)(2) ofthis Distribution section shall not expire until EPA notifies the Company in writing that all Federal Court actions involving the SNUR havebeen resolved and the validity ofthe SNUR affirmed. (2) When EPA promulgates a final SNUR for the PMN substance and paragraph (b)(2) ofthis Distribution section expires in accordance with subparagraph (e)(l), the Company shall notify each person to whom it distributes the PMN substance ofthe existence ofthe SNUR. Such notification

### -23-
mustbe in writing and must specifically include all limitations contained in the 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 SNUR for this PMN substance in either the Federal Register orthe Code ofFederal Regulations. After promulgation ofa SNUR and expiration ofsubparagraph (b)(2), such notice may substitute for the written agreement required in the introductory clause ofparagraph (b); so that, ifthe Company provides such notice to the persons to whom it distributes the PMN substance, then the Company is notrequired to obtain from such persons the written agreement specified in paragraph (b).

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



### III. RECORDKEEPING (a) Records. The Company shall maintain the following records 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 in fact qualify for any
one ormore ofthe exemptions described in Section I, Paragraph (b) ofthis Order. Such records must satisfy all the statutory and regulatoryrecordkeeping requirements applicable to the-24- exemption being claimed bythe Company. Any amounts orbatches ofthe PMN substance eligible for the export only exemption in Section I, Paragraph (b)(3) ofthis Order are exempt from all therequirements in this Recordkeeping section, ifthe Company maintains, for 5 years from the date oftheir creation, copies ofthe export label and export notice to EPA, required byTSCA sections 12(a)(l)(B) and 12(b), respectively. Any amounts orbatches ofthe PMN substance eligible for the research and development exemption in Section I, Paragraph (b)(4) ofthis Order
are exempt from all the requirements in this Recordkeeping section, ifthe Companymaintains, for 5 years from the date oftheir creation, the records required by40 CFR 720.78(b). For any amounts orbatches ofthe PMN substance claimed to be eligible for any other exemption described in Section I, Paragraph (b) ofthis Order, the Company shall keep records demonstrating qualification for that exemption as well as the records specified in paragraphs (2) and (3) below, butis exempt from the otherrecordkeeping requirements in this Recordkeeping section; (2) Records documenting the manufacture and importation volume ofthe PMN substance and the corresponding dates ofmanufacture and import; (3) Records documenting the names and addresses (including shipment destination address, ifdifferent) ofall persons outside the site ofmanufacture or import to whom the Company directly sells ortransfers the PMN substance, the date ofeach sale ortransfer, and the quantity of the substance sold ortransferred on such date; (4) Records documenting the address ofall sites ofmanufacture, import, processing, and use; (5) Records documenting establishment and implementation ofthe hazard communication program required bythe Hazard Communication Program section ofthis Order;-25- (6) Copies oflabels required underthe Hazard Communication Program section ofthis Order; (7) Copies ofMaterial SafetyData Sheets required bythe Hazard Communication Program section ofthis Order; (8) Records documenting compliance with any applicable manufacturing, use, and distribution restrictions in the Manufacturing, Use, and Distribution sections ofthis Order, including distributees' written agreement to complywith the Distribution section ofthis Order; (9) Records documenting establishment and implementation ofprocedures that ensure compliance with any applicable water discharge limitation in the Release to Water section ofthis Order; (10) Copies ofany TransferDocuments and notices required bythe Successor Liability section ofthis Order, ifapplicable; and, (11) The Company shall keep a copy ofthis Order at each ofits sites where the PMN substance is manufactured orimported.
(b) Applicability. Theprovisions ofthis Recordkeeping Section are applicable only to activities ofthe Company and its Contract Manufacturer, ifapplicable, and not to activities ofthe Company's customers.
(c) OMB Control Number. Under the Paperwork Reduction Act and its regulations at 5 CFRPart 1320, particularly 5 CFR 1320.5(b), the Company is not required to respond to this "collection of information" unless this Order displays a currently valid control number from the Office of Management and Budget ("OMB"), and EPA so informs the Company. The "collection of

### -26- information" required in this TSCA §5(e) Consent Orderhas been approved under currently valid OMB Control Number 2070-0012.



### IV. REQUESTS FOR PRE-INSPECTION INFORMATION (a) EPA's Request for Information. Pursuant to section 11 ofTSCA and 40 CFR 720.122, EPA may occasionally conduct on-site compliance inspections ofCompany facilities and conveyances associated with the PMN substance. To facilitate such inspections, EPA personnel may contact the Company in advance to request information pertinent to the scheduling and conduct ofsuch inspections. Such requests maybe written or oral. The types ofinformation that EPA mayrequest include, but are not limited to, the following: (i) Expected dates and times when the PMN substance will be in production within the subsequent 12 months; (ii) Current workshift schedules for workers who are involved in activities associated with the PMN substance and mayreasonablybe exposed to the PMN substance; (iii) Currentjob titles orcategories 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 bythe Recordkeeping section ofthis Order; and/or, (vi) Any other information reasonably related to determining compliance with this Order
orconducting an inspection for that purpose.-27- (b) Company's Response. The Company shall respond to such requests within a reasonable period oftime, but in no event laterthan 30 days afterreceiving EPA's request. When requested in writingbyEPA, the Company's response shall be in writing. To the extent the information is known to orreasonably ascertainable bythe 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'srequests.
(c) Confidential Business Information. Any Confidential Business Information ("CBI") that the Company submits to EPA pursuant to paragraph (b) shall beprotected in accordance with §14 of TSCA and 40 CFR Part 2.



### V. SUCCESSORLIABILITY UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedures bywhich the Company's rights and obligations underthis 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 "Successorin Interest").
(b) Relation ofTransfer Dateto Notice ofCommencement ("NOC"). (1) Before NOC. Ifthe transfer from the Company to 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 PMN to EPA and comply fully with Section 5(a)(1) ofTSCA and 40 CFRpart 720 before commencingmanufacture or import ofthe PMN substance.

### -28- (2) AfterNOC. Ifthe transfer from the Company to the Successorin Interest is effective after EPA receives a NOC, the Successor in Interest shall comply with the terms ofthis Order and shall not berequired to submit a new PMN to EPA.
(c) Definitions. The following definitions apply to this Successor Liability section ofthe Order: (1) "Successorin 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 Successorin Interest, as transferee. The term excludes persons who acquire less than the full interest ofthe Company in the PMN substance, such as a licensee who has acquired a limited license to the patent ormanufacturing rights associated with the PMN substance. A Successor in Interest mustbeincorporated, licensed, or doing business in the United States in accordance with 40 CFR 720.22(a)(3) and 40 CFR 720.3(z). (2) "Transfer Document" means the legal instrument(s) used to conveythe interests in the PMN substance, including the right to manufacture the PMN substance, from the Companyto the Successorin Interest.
(d) Notices. (1) Notice to Successorin Interest. On orbefore the effective date ofthe transfer, the Company shall provide to the Successor in Interest, byregistered mail, a copy ofthe Consent Order and the "Notice ofTransfer" document which is incorporated byreference as Attachment B to this Order.

### -29- (2) Notice to EPA. Within 10 business days ofthe effective date ofthe transfer, the Company shall, byregistered mail, submitthe 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 mustbemaintained bythe Successor in Interest at its principal place ofbusiness, and at all sites where the PMN substance is manufactured orimported. Copies ofthe Transfer Document must also be made available for inspection pursuant to Section 11 ofTSCA, must state the effective date oftransfer, and must contain provisions which expressly transfer liability for the PMN substance underthe terms ofthis Order from the Companyto the Successorin Interest.
(e) Liability. (1) The Company shall be liable for compliance with the requirements ofthis Orderuntil the effective date ofthetransfer described above. (2) The Successorin Interest shall be liable for compliance with the requirements ofthis Order effective as ofthe date oftransfer. (3) Nothing in this section shall be construed to prohibit the Agency from taking enforcement action against the Company after the effective date ofthe transfer for actions taken, or omissions made, during the time in which the Companymanufactured, processed, used, distributed in commerce, ordisposed 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 data to EPA at a specified production

### -30- volume ("test trigger"), the aggregate volume ofthe PMN substance manufactured and imported bythe Company up to the date oftransfer shall count towards the test trigger applicable to the Successorin Interest.



### VI. MODIFICATION AND REVOCATION OF CONSENT ORDER The Companymaypetition EPA 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 modify orrevoke substantive provisions ofthis Order. The exposures and risks identified byEPA 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, any reassessment ofthe test data orother information that supports the findings in this Order, an examination ofnew test data or other information or analysis, and any otherrelevant information. EPA will issue a modification orrevocation ifEPA determines that the activities proposed therein will notpresent an unreasonable risk ofinjury to health orthe 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 and its cation. In addition, the Company may petition EPA at any time to make othermodifications to the language ofthis Order. EPA will issue such a modification ifEPA determines that the- 31

- modification is useful, appropriate, and consistent with the structure and intent ofthis Order as issued.

### -32-



### VII. EFFECT OF CONSENT ORDER (a) Waiver. Byconsenting to the entry ofthis Order, the Company waives its rights to file objections to this Orderpursuant to section 5(e)(l)(C) ofTSCA, to receive service ofthis Orderno later than 45 days before the end ofthe review period pursuant to section 5(e)(l)(B) ofTSCA, and to challenge the validity ofthis Order in any subsequent action. Consenting to the entry ofthis Order, and agreeing to bebound byits terms, do not constitute an admission bythe Company as to the facts or conclusions underlying the Agency's determinations in this proceeding. This waiver does not affect any other rights that the Company mayhave underTSCA.
(b) CBI 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 CFRPart 720 Subpart E, and 40 CFR Part 2) is correctly identified within brackets and that any information that is notbracketed is not claimed as confidential. To make this document available for public viewing, EPA will remove onlythe information contained within the brackets.

Date 1 

### • Jim Wil s, i tor Chemic I ntrol Division ollution Prevention and Toxics

Name: ..,-;,...-YA.--y Jf.-eAr,. e.c..c Title: .1**~.** 1/1**c.~ ,Orui~** -.-+- Company: c . ,.., k •**r~J'** rc -**,/,..;,..~** c ""·- •c.JI..I (.,IJ"' 

### r"'t-.ATTACHMENT A DEFINITIONS [Note: The attached Order may not contain some of the terms defined below.] "Chemical name" means the scientific designation ofa chemical substance in accordance with the nomenclature system developed bythe Chemical Abstracts Service's rules of nomenclature, or a name which will clearly identify a chemical substance for the purpose of conducting a hazard evaluation. "Company" means the person orpersons subject to this Order. "Common name" means any designation oridentification such as code name, code number, trade name, brand name, orgeneric chemical name used to identify a chemical substance other than byits chemical name. "Container" means any bag, 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 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 is under the control of, and used onlyby, the person who transferred it from a labeled container and will onlybeused bythat person within the work shift in which it is transferred from the labeled container. "Manufacturing stream" means all reasonably anticipated transfer, flow, ordisposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations ofmanufacture, including the cleaning ofequipment. "MSDS"means material safety data sheet, the written listing ofdata for the chemical substance. "Non-industrial use" means use otherthan at a facility where chemical substances or mixtures are manufactured, imported, orprocessed.2 "PMN substance" means the chemical substance described in the Premanufacture notice submitted bythe Companyrelevant to this Order. "Personal protective equipment" means any chemical protective clothing or device placed on the 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 clothing, aprons, hoods, chemical goggles, face splash shields, or equivalent eye protection, and various types ofrespirators. Barrier creams are not included in this definition. "Process stream" means all reasonably anticipated transfer, flow, or disposal ofa chemical substance, regardless ofphysical state orconcentration, 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 ofthe health or environmental effects ofthe PMN substance. "Scientifically equivocal data" means data which, although developed in apparent conformity with the Good Laboratory Practice Standards and EPA-approved protocols, are inconclusive, internally inconsistent, or otherwise insufficient to permit a reasoned evaluation of the potential risk ofinjury to humanhealth orthe 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, 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) ATTACHMENT B NOTICE OF TRANSFER OF TOXIC SUBSTANCES CONTROL ACT SECTION S(e) 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 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 Substances Control Act ("TSCA," 15 U.S.C. §2604(e)).
2. Assumption ofLiability. The Successor in Interest hereby certifies that, as ofthe effective date oftransfer, all actions or omissions governed bythe applicable Consent Order limiting manufacture, processing, use, distribution in commerce and disposal ofthe PMN substance, shall be the responsibility ofthe Successor in Interest. Successor in Interest also certifies that it is incorporated, licensed, or doing business in the United States in accordance with 40 CFR 720.22(a)(3).
3. Confidential Business Information. The Successor in Interest hereby: reasserts,

_ relinquishes, or modifies all Confidential Business Information ("CBI") claims 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 deemed to apply to all such claims. Where "modifies"is indicated, such modification shall be explained in detail in an attachment to this Notice of Transfer. Information which has been previously disclosed to the public (e.g., a chemical identity that was not claimed as CBI bythe original submitter) would not subsequentlybe eligible for confidential treatment under this Notice ofTransfer.2

TOXIC SUBSTANCES CONTROL ACT SECTION S(e) CONSENT ORDER

Company (Transferor)
Signature ofAuthorized Official NOTICE OF TRANSFER (continued)
PMNNumber

Date
Printed Name ofAuthorized Official
Title ofAuthorized Official

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

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

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