11 

TABLE OF CONTENTS 

Preamble 

I. Introduction 

II. Sunnnary of Terms of the Order 

III. Contents ofPMN 

IV. EPA's Assessment of Risk 

V. EPA's Conclusions of Law 

VI. Information Required to Evaluate Human Health and Environmental Effects 

Modified Consent Order 

I. Scope of Applicability and Exemptions 

II. Terms of Manufacture, Import; Processing, Distribution in Commerce, Use, and Disposal 

Pending Submission and Evaluation of Information 

III. Recordkeeping 

IV. Requests for Pre-Inspection Information 

V. Successor Liability Upon Transfer of Modified Consent Order 

VI. Modification and Revocation of Modified Consent Order 

VII. Effect of Modified Consent Order 

Attachment A - Definitions 

Attachment B - Notice of Transfer of Modified Consent Order 

Attachment C - Consent Order for Processor 
111 

PREAMBLE 

This is a modified Consent Order of the original Consent Order, which became effective 

on April 22, 2010. The purpose of this Modified Consent Order is to 1) modifY the terms of the 

Distribution Section of the Toxic Substances Control Act (TSCA) section 5(e) Consent Order 

between the U.S. Environmental Protection Agency (EPA) and [ ] (the "Company"); 

and 2) Extend the time allowed to generate certain material characterization data which was 

triggered under the original Consent Order. 

The Modifications are necessary to allow, prior to promulgation of a final Significant 

New Use Rule, for distribution in commerce by Processors who have signed a Consent Order for 

Processor of the multi-walled carbon nanotubes in a liquid polymer form for use in [ , one 

of the original specific uses in the PMN. Additionally, the Company has relinquished certain 

claims of Confidential Business Information (CBI) on the specific chemical identifY of their 

PMN substance, namely, the Agency may now refer to the PMN substance as multi-walled 

carbon nanotubes ("MWCNTs"). The Company maintains their CBI claims on the specific 

material characteristics of their MWCNTs such as, but not limited to inner diameter and length. 

Due to difficulties in developing appropriate protocols on these particular nanoscale materials 

and finding a laboratory, the Company requested, and the Agency has granted, an extension on 

the time period to generate certain triggered testing for material characterization. 

I INTRODUCTION 

Under the authority of § 5(e) of the Toxic Substance Control Act ("TSCA") (I5 U.S.C. 

2604( e», the Environmental Protection Agency ("EPA" or "the Agency") issues the attached 
IV 

Order, regarding premanufacture notice ("PMN") P-09-0188 for the chemical substance, multiwall carbon nanotubes ("MWCNTs") (the "PMNsubstance"), submitted by [

("the Company"), to take effect upon expirati()n of the PMN review period. The Company 

submitted the PMN to EPA pursuant to section 5(a)(I) of TSCA and 40 CFR Part 720. 

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

provision of § 5 or 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 Modified Consent Order for this PMN substance requires the Company to: 

I. submit to EPA certain toxicity testing on the powder form of the PMN substance before 

exceeding either the specified production volume or a specified time period; 

2. before exceeding a specified time period, submit to EPA certain material and physicalchemical data on the PMN substance in the powder form; 

3. require workers to wear personal protective equipment including gloves, chemical protective 

clothing and goggles in the work area whenever reasonably likely to be dermally exposed to 

the PMN substance in the work area; 

4. whenever workers are reasonably likely to be exposed to the PMN substance by inhalation 

require workers to wear a NIOSH-certified air-purifying, tight-fitting full-face respirator 

equipped with N-I 00, P-I 00, or R-I 00 filter; a NIOSH-certified powered air-purifying 

respirator with a loose-fitting hood or hehnet and a HEP A filter with documented evidence of 

y .c:: 

" 'p .. 
v 

an APF of 1,000; a NIOSH-certified continuous flow supplied air-purifYing respirator with a 

loose-fitting hood or hehnet and a HEPA filter with documented evidence ofan APF of 

1,000; or a NIOSH-certified continuous flow supplied air-purifying respirator with a loosefitting hood or helmet and a HEPA filter with docuri:Jented evidence of an APF of 1,000, 

except when the PMN substance is in the following forms: 

• in a liquid polynier form with a concentration of the PMN substance equal to or 

below 7%, provided the activity does not generate a vapor, mist, or aerosol; or 

• embedded in a solid polymer form with a concentration of the PMN substance 

equal to or below 30% provided the activity does not generate a dust; 

5. use and distribute thePMN substance only for the following uses specified in the PMN: 

; 

6. not use the PMN substance for commercial or consumer use, or in a consumer product 

. (quantities ofPMN substance that are completely reacted, cured, or embedded as described 

in the Order may be USed for commercial or consumer use, or in a consumer product); 

7. not manufacture the PMN substance in the United States; 

8. provide the U.S. EPA with a 1 g sample of the PMN substance upon request by EPA; 

9. distribute the PMN substance only to a person who agrees to follow the same restrictions 

applicable to the company (except the testing requirements) and to not further distribute the 

PMN substance until after it has been completely reacted (cured), incorporated into a 
VI 

polymer matrix that itself has been reacted (cured), or embedded into a solid polymer form 

. with a concentration of the PMN substance equal to or below 30%; 

10. not release the PMN substance to the waters of the United States except where the PMN 

substance is embedded in a solid polymer form with a concentration of the PMN substance 

equal to or below 30%; and 

11. maintain relevant records. 

A Consent Order for Processors is attached to extend these requirements to any Processor. 

In summary, the "Scope of Applicability and Exemption" section of the Order exempts the 

following: 

1. quantities of the PMN substance that have been completely reacted (cured), incorporated or 

embedded into a polymer matrix that itself has been reacted (cured), or embedded in a 

permanent solid polymer form with a concentration of thePMN substance equal to or below 

30% that will not undergo further processing except for mechanical processing. These 

exemptions do not apply beyond the uses that are specifically authorized by the Order in the 

Manufacturing, and Processing and Use sections, but do allow use for commercial or 

consumer use, or in a consumer product. 

2. quantities designated solely for export before the Company commences import of the PMN 

substance for use within the United States; 

3. research & development ("R&D"); 

4. the PMN substance as a byproduct without separate commercial intent; and 

5. the PMN substance in a substance, mixture, or article with no separate commercial purpose. 
VII 

HI. CONTENTS OF PMN 

By signing this Order, the Company represents that if has carefully reviewed this 

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

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

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

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

information contained within the brackets. 

Confidential BusinessInformation Claims {Bracketed in the Preamble and Order): 

Company name, specific chemical identity, production volume, physical properties, material 

. characterization, precursor substances, typical composition, pr()cess infornation, impurities, use, 

byproducts, and worker/occupational exposure. 

Chemical Identitv: . 

Specific identity: . 

Generic identity: multi-walled carbon nanotubes. 

Chemical Form: The Notice identifies four forms of the PMN substance: 

1. Powdered - [

. 

2. Liquid polymer form with a concentration of the PMN substance up to' [ ] 

("liquid polymer form"): 

3. Solid polymer form with a concentration of the PMN substance up to [ ] ("solid 

polymer form"): 
Vl1l 

. 

4. The PMN also describes the final end use form of the PMN substance. For this Modified 

Consent Order, this form is described as being completely reacted (cured), incorporated 

or embedded into a polymer matrix that itself has been reacted (cured), or embedded in a 

permanent solid polymer form with a concentration of the PMN substance equal to or 

below 30% that will not undergo further processing, except for mechanical processing 

("PMN substance that is reacted, cured, or embedded in a permanent solid 

polymer"). 

Specific: [

] 

Generic: electric conductive filler to replace conventional material such as carbon black, or 

carbon fiber in matrices such as polymer resin for conductive applications. 

Maximum 12-Month Production Volume: [ kglyr; Import ouly. 
.1:0 IX 

Test Data Submitted with PMN: 

" Toxicity to bacteria; 

.. Chromosomal aberrations in cultured human cells; 

• Skin sensitization in mouse lymph node assay; 

• Acute dermal toxicity in the rat; 

• Acute oral toxicity in the rat; 

.. Acute eye irritation in rabbits; 

• Acute dermal irritation in rabbits; 

• Intratracheal insertion of single-walled cmbon nanotubes produced inflammatory 

reactions in mouse and rat lungs, with fibrogenic responses (MSDS); 

• Study of the granulometry of the carbon nanotube powder; 

• Coatil1g with a polystyrene polymer protects against respiratory toxicity of carbon 

nanotubes in vitro and in vivo in mice; 

.. In vitro mammalian cell gene mutation in LSl78Y TK +/- mouse lymphoma cells; 

• Adverse effects of industrial multiwalled carbon nanotubes on hUll1an pulmonary cells; 

• Degradation and release of polymer nanocomposites exposed to ultraviolet radiation; 

• Baseline carbon nanotubes air san1pling conducted at the 

]; 

• Absence of carcinogenic response to MWCNTs in a 2-year bioassay in the peritoneal 

cavity of the rat on an analogous substance to the PMN; 

• Detection of [ ] carbon nanotubes in water by UV -Vis spectrometry to determine 

[ ] transferability from liquids and pastes to water; and 

• Detection of respirable nanoparticles released from a viscous paste consisting of [ 

] MWCNTs following vigorous manipulation. 

N. EPA'S ASSESSMENT OF RISK 

The following are EPA's predictions regarding the probable toxicity, hUll1an exposure 

and environmental release of the PMN substance, based on the information currently available to 

the Agency. 

RUll1an Health Effects Summary: 

Absorption is expected to be poor via all routes for the manufactured substance, based on test 

data for chemicals with similar molecular structures and chemicals with similar 

physical/chemical properties. Data on the PMN substance and other analogous substances 
x 

indicate the potential for generation of increased amounts of respirable or absorbable particles 

during processing and use of nanoscale materials. Much more evaluation is needed to determine 

the toxicity of nanoscale materials for all routes of exposure. There are concerns for lung effects, 

based on the EPA Respirable, Poorly Soluble Particulates chemical category. See 

www.epa.gov/opptlnewchems/pubs/cat02.htm#Respirable. Based on test data for analogous 

chemicals there are concerns for pulmonary toxicity, fibrosis, carcinogenicity, mutagenicity, and 

immunotoxicity of the PMN substance. There are also data suggesting that pulmonary 

. deposition of some nanoscale materials, including carbon nanotubes in the agglomerated form, 

may induce cardiovascular toxicity when these nanoscale materials are inhaled. The major 

health concerns are for potential pulmonary toxicity, fibrosis and cancer to workers exposed via 

inhalation. The PMN substance as manufactured tested negative for skin sensitization in the 

Local Lymph Node Assay (LLNA) and was slightly irritating in an acute dermal irritation study 

in rabbits. Based on the uncertainty of the characterization and exposure of nanoscale materials 

in general, there may be additional potential for translocation across the dermis and effects on 

target organs. 

Environmental Effects Summary; 

Toxicity from carbon nano[ ] ( ]) exposures has been reported in many aquatic species 

at concentrations much higher than any estimated solubility limits. Even though CNTs are not 

appreciably water soluble as manufactured, aqueous CNT suspensions can be easily made 

through reaction with strong acids, ozone, or dispersing agents. Recent laboratory research 

shows that ] combine with dissolved organic matter (DOM) to form stable aqueous 

suspensions. No studies on CNTs are available in which a broad range of production methods, 
Xl 

sources, purification, functionalization, etc. were investigated. EPA expects that some fraction 

of the CNTs, if released into the enviromnent, will eventually become suspended in water. 

Sublethal effects have been noted for single-walled carbon nanotubes (SWCNT) in fish at levels 

as low as 100 ppb. Noted effects included respiratory stress, ventilation rate, gill mucus 

secretion, gill damage, and aggressive behaviors. Liver cell injuries were also readily apparent at 

these exposure levels and suggest the possibIlity of liver tumor formation over longer exposure 

periods. This response is also notable because effects were seen in cells closest to blood vessels, 

suggesting transport of r<:,spired or ingested SWCNTs via the blood stream. Some effects in the· 

gut lumen were also observed at these exposure levels. Further studies need to be conducted 

before EPA can determine a concentration of concern. Such studies must measure actual 

concentrations of carbon nanotubes and control for the effects of contaminants, solvents,and 

physical factors such as blockage of gills or intestines. Before such testing is conducted, 

advanced fate testing would be necessary to ascertain what substance is likely to present the 

highest enviromnentally relevant concentrations. 

Exposure and Enviromnental Release Summary: 

Manufacture Processing Use Consumer 

# Sites Imported [ [ N/A 

Workers Imported [ [ N/A 

(#/site) 

Exposure Imported [ ] [ None 

(days/year) expected 
XlI 

. 

Manufacture Processing _ Use Consumer 

Imported [ ] None 

Inhalation [ [ expected 

Exposure ] 

(mg/day) 

-

Imported None 

Dermal Exposure ] expected 

(mg/day) 

Drinking Water Imported [ None 

Exposure expected 

(mg/kg/day) )] 

.

. 

Releases to all Imported [ days [ days .None 

environmental expected 

media 

(days/year) 

. Release to Water Imported [ [ None 

(kg/day) expected 

Fugitive Air Imported [ [ None 

Exposure [ expected 

(mg/kg/day) 

Risk to Workers: The PMN substance may present a risk to workers exposed to the PMN 

substance via inhalation. In the table above, the worst case worker inhalation value is [

/ during processing. As the PMN substance is manufactured, 1 % of the 

particles are expected to be in the respirable size, though test data included with the PMN 
X111 

suggest that. this percentage is expected to increase as the PMN substance is handled. Previous 

similar cases have predicted occupational exposures as high as 0.05 mg/m3 for respirable 

particles. Therefore, there is a concern for pulmonary toxicity, fibrosis and cancer and a potential 

for cardiovascular effects to workers exposed to the PMN via the inhalation route. To mitigate 

potential health effects via the inhalation route of exposure, the Order requires respiratory 

protection for the powdered form of the PMN substance and when a dust,vapor, mist, or aerosol 

. 

containing the PMN substance is generated. EPA believes the PMN substance as manufactured 

presents a low risk to workers exposed to the PMN substance dermally, but does not have 

enough information to evaluate the risks when the PMN substance is handled. To mitigate 

potential health effects via the dennal route of expo~ure, the Order requires varying degrees of 

dermal protection based on the form of the PMN substance. 

Risk to general population: There is potential for exposure of the general population and the 

environment from landfill releases. Human ingestion may result from landfill releases. 

Environmental Risk: The amount ofPMN substance expected to be released into the 

environment, in the absence of site-specific risk management practices described in the notice, 

would lead to surface water concentrations that exceeded environmental toxicities identified by 

EPA. Therefore, the attached Order prohibits releases of the PMN substance to surface water 

except for the solid polymer form with a concentration of the PMN substance equal to or below 

30%. 
XIV 

V. EPA'S CONCLUSIONS OF LAW 

The following findings constitute the basis of the Modified Consent Order: 

(a) EPA is unable to determine the potential for effects to human health and the environment 

from exposure to the PMN substance. EPA therefore concludes, pursuant to § 5(e)(l)(A)(i) of 

TSCA, that the information available to the Agency is insufficient to permit a reasoned 

evaluation of the human health and environmental effects of the PMN substance. 

(b) In light of the potential risk to human health and the environment posed by the uncontrolled 

manufacture, import, processing, distribution in commerce, use, and disposal of the PMN 

substance, EPA has concluded, pursuant to § 5( e) (1 )(A)(ii)(I) ofTSCA, that uncontrolled 

manufacture, import, processing, distribution in commerce, use, and disposal of the PMN 

substance may present an unreasonable risk of injury to human health and the environment. 

VI. INFORMATION REOUIRED TO EVALUATE HEALTH EFFECTS 

Triggered Testing. The Order prohibits the Company from exceeding specified time periods or 

production volumes urtless the Company submits the information described in the Testing 

section of this Order in accordance with the conditions specified in the Testing section. The 

Order's restrictions on manufacture, import, processing, distribution in commerce, use, release to 

water, and disposal of the PMN substances will remain in effect until the Order is modified or 

revoked by EPA based on submission of that or other relevant information. EPA encourages the 

Company to develop additional health effects testing in coordination with other manufacturers of 

carbon nanotubes. This can be done under the in-depth portion of EPA's Nanoscale Materials 

Stewardship Program or through independent testing. EPA is willing to facilitate the process in 
xv 

coordination with other ongoing health effects testing for the PMN substances nationally and 

internationally. 

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

following effects which may be caused by the PMN substance: 

Environmental Exposures 

The Company may submit the following environmental exposure data on a representative set of 

liquid polymer forms of the PMN substance. (EPA identified [

] in the PMN). The Company may propose alternative methods, 

guidelines, or representative sets subject to EPA's approval. 

Characteristic or 

Property 

Release of 

MWCNTs after 

landfill disposal 

. . 

Guideline or method 

EPA Method 1320: Multiple Extraction Procedure todeterrnine the 

fraction ofMWCNTs released during the leaching that the liquid polymer 

forms will undergo from repetitive precipitation of acid rain. Method 1320 

uses EPA Method 13 lOB: Extraction Procedure (EP) Toxicity Test 

Method and Structural Integrity Test as the basis for the multiple 

extraction method. Chapters 3 and 4 cited in Section 7.17 of Method 

l3l0B refer to chapters in the SW~846 "Test Methods for Evaluating 

Solid Waste, Physical/Chemical Methods". However, instead of using 

these analyses methods, the analysis ofMWCNTs in the extracts should 

be performed using EPA Method 100.1: Analytical Method for 

Determination of Asbestos Fibers in Water, which has an analytical· 

sensitivity of approximately ~.3 flg/L for a MWCNT that is 10 nm 

]. An allowable alternative analytical 

approach would be to use Raman spectroscopy (see Liu et al., PNAS, 

2008,105(5),1410-1415). 
XVI 

Characteristic or Guideline or method 

Property . 

Release ofMWCNTs Consult ASTM E1354-09: Standard Test Method for Heat and 

during the burning of Visible Smoke Release Rates for Materials and Products Using an 

liquid polymer forms Oxygen Consumption Calorimeter as the basis for this test. For 

example, this test method was used to determine the flammability of 

polyamide 11 and 12 nanocomposites (see Lao et al., J. Compo Mat. 

2009,43,1803-1818). Given that the airborne fractionofMWCNTs 

is of interest, the ASTM E1354-09 test would have to be modified so 

that samples of the off-gas could be collected and analyzed for 

MWCNT content. For the analytical method, consider using methods 

developed for airborne asbestos fibers found in Appendix A to 

Subpart E-Interim Transmission Electron Microscopy Analytical 

Methods found in 40 CFR Part 763. [ ] may want to consult 

with Dr. Marc R. Nyden, Building and Fire Research Laboratory, 

National Institute of Standards and Technology, Gaithersburg, MD. . . . 

Release ofMWCNTs Polymeric resins are known to degrade after exposure to sunlight. 

from after exposure of (see Polymer Photodegradation: Mechanisms and Experimental 

liquid polymer forms to Methods, J.F Rabek, Chapman and Hall, London UK, 1995). Thus, if 

suulight the MWCNT containing resins were exposed to suulight, they are 

expected to degrade and release free MWCNTs into the enviromnent 

(see Nguyen et al., Degradation ofNanofiller Release of Polymer 

Nanocomposites Exposed to Ultraviolet Radiation, NIST, 

Gaithersburg, MD). ASTM D2565-99(2008) Standard Practice for 

Xenon-Arc Exposure of Plastics Intended for Outdoor Applications 

should be consulted. 
I 

xvii 

The Company may submit the following enviromnental exposure data on a representative set of 

solid polymer forms of the PMN substance (EPA identified [

] in the PMN). The 

Company may propose alternative methods, guidelines, or representative sets subject to EPA's 

approval. 

Characteristic or Guideline or method 

Property 

Release ofMWCNTs EPA Method 1320: Multiple Extraction Procedure to determine the 

after landfill disposal fraction ofMWCNTs released during the leaching that the solid 

polymer forms will undergo from repetitive precipitation of acid rain. 

Method 1320 uses EPA Method BlOB: Extraction Procedure (EP) 

Toxicity Test Method and Structural Integrity Test as the basis for . . 

the multiple extraction method. Chapters 3 and 4 cited in Section 

7.17 of Method BlOB refer to chapters in the SW-846 "Test 

Methods for Evaluating Solid Waste, Physical/Chemical Methods". 

However, instead of using these analyses methods, the analysis of 

MWCNTs in the extracts should be performed using EPA MethOd 

100.1: Analytical Method for Determination of Asbestos Fibers in 

Water, which has an analYtical sensitivity of approximately 3.3 /lgiL 

for a MWCNT that is [

]. An alternative analytical approach would be to use Raman 

spectroscopy (see Liu et al., PNAS, 2008,105(5), 1410-1415). 

Release ofMWCNTs Consult ASTM E1354-09: Standard Test Method for Heat and 

during the burning of Visible Smoke Release Rates for Materials and Products Using an 

solid polymer resins Oxygen Consumption Calorimeter as the basis for this test. For 

example, this test method was used to determine the flammability of 

polyamide 11 and 12 nanocomposites (see Lao et aI., J. Compo Mat. 

2009,43, 1803-1818). Given that the airborne fraction ofMWCNTs 

is of interest, the ASTM E1354-09 test would have to be modified so 

that samples of the off-gas could be collected and analyzed for 

I 
XVlll 

MWCNT content. For the analytical method, consider using methods 

developed for airborne 

]. [ ] may want to consult 

with Dr. Marc R. Nyden, Building and Fire Research Laboratory, 

National Institute of Standards and Technology, Gaithersburg, MD. 

Characteristic or Guideline or method 

Property 

Release ofMWCNTs Polymeric resins are known to degrade after exposure to sunlight (see 

from after Exposure of Polymer Photodegradation: Mechauisms and Experimental Methods, 

solid polymer forms to . J.F Rabek, Chapman and Hall, London UK, 1995). Thus, if the 

sunlight MWCNT containing polymer forms were exposed to sunlight, they 

are expected to degrade and release free MWCNTs into the 

environment (see Nguyen et al., Degradation ofNanofiller Release of 

Polymer Nanocomposites Exposed to Ultraviolet Radiation, NIST, 

Gaithersburg, MD). ASTM D2565-99(2008) Standard Practice for 

Xenon-Are Exposure of Plastics Intended for Outdoor Applications 

should be consulted. 

Release ofMWCNTs [

during solid polymer which are resin based composites ( . 

form shipping and use 3]). Presumably the 

MWCNTs would also be released from the solid resins during 

mechauical agitation of the solid resins. Mechauical agitation could 

potentially occur during shipping and transfer of the [ 

containing solid resins. [ ] should develop a testing protocol 

to determine ifMWCNTs are released from solid resins during 

mechauical agitation. While no standard methods exist, [ 

. should consider developing a simple short-term test consisting of 

placing the solid polymer forms in a standard rock tumbler and 

det=iuing the amount offree MWCNTs after a period ofl, 5,15, 
XIX 

and 30 days to screen for significant release ofMWCNTs from the 

solid polymer forms. 

The Order does not reqnire submission of the above pended testing at any specified time or 

production volume. However, the Order's restrictions on manufacture, import, processing, 

distribution in com:riJ.erce, use, and disposal of the PMN substance will remainin effect until the 

Order is modified or revoked by EPA based on submission of that or other relevant information. 

r ' 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

MODIFIED CONSENT ORDER 

I. SCOPE OF APPLICABILITY AND EXEMPTIONS 

OFFICE OF CHEMICAL SAFETY 

AND POLLUTION PREVENTION 

(a) Scope. The requirements of this Order apply to all commercial manufacturing, processing, 

distribution in commerce, use and disposal, in the United States, of the chemical substance multiwalled carbonnanotubes ("MWCNTs") (the "PMN substance") by ] ("the 

Company"), except to the extent that those activities are exempted by paragraph (b). The Original 

Consent Order, which became effective on April 22, 2010, will be superseded by the Modified 

Consent Order once the Modified Consent Order becomes effective. 

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

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

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

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable" Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free'Recycled Paper 
2 

to 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 of this Order. 

(1) Completely Reacted, Cured, or Embedded. If quantities of the PMN substance (A) are 

used solely for the uses authorized in paragraph ( c) of the Manufacturing section and by 

paragraphs (a) and (b), of the ProcessingfUse section of this Order; and (B) those quantities have 

been (i) completely reacted (cured); (ii) incorporated or embedded into a polymer matrix that itself 

has been reacted (cured); (iii) or embedded in a permanent solid polymer form with a 

concentration of the PMN substance equal to or below 30% that is not intended to undergo further 

processing except for mechanical processing; then the other requirements of this Order do not 

apply. 

(2) Export. Until the Company begins commercial manufacture of the PMN substance for 

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

distribution in commerce of the PMN substance solely for export in accordance with TSCA § 12( a) 

and (b), 40 CFR 720.3(s) and 40 CFR Part 707. However, once the Company begins to 

manufacture the PMN substance for use in the United States, no further activities by the Company 

involving the PMN substance are exempt as "solely for export" even if some amounts of the PMN 

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

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

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

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

Testing section of this Order. 

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

, 
3 

manufacturing, processihg,distribution in commerce, use and disposal of the PM~ 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. 

(4) Byproducts. The requirements of this Order do not apply to the PMN substance when 

it is produced., without separate commercial intent, only as "byproducts" as defined at 40 CPR 

720.3(d) and in compliance with 40 CFR 720.30(g). 

(5) No· Separate Commercial Purpose. The requirements of this Order do not apply to the 

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

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

( c) Automatic Sunset. If the Company has obtained for the PMN substance aTest Market 

Exemption ("TME") under TSCA §5(h)(1) and 40 CFR 720.38 or a Low Volume Exemption 

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

723.50( c)(l) and (2) respectively, any such exemption is automatically rendered null and void as 

ofthe effective date of this Modified Consent Order. 

II. TERMS OF MANUFACTURE, IMPORT, PROCESSING, 

DISTRIBUTION IN COMMERCE, USE, AND DISPOSAL 

PENDING SUBMISSION AND EVALUATION OF INFORMATION 

PROHIBITION 

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

commerce, using, or disposing of the PMN substance in the United States, for any nonexempt 

commercial purpose, pending the development of information necessary for a reasoned evaluation 
4 

of the human health and environmental effects of the substance, and the completion of EPA's 

review of, and regulatory action based on, that infonnation, except in accordance with the 

conditions described in this Order. 

TESTING 

(a) Section 8ee) Reporting. Reports ofinfonnation on the PMN substance which reasonably 

supports the conclusion that the PMN substance presents a substantial risk of injury to health or the 

environment and which is required to be reported under TSCA section 8( e) shall reference the 

appropriate PMN identification number for this substance and contain a statement that the 

substance is subject to .this Modified Consent Order. Additional information regarding section 8( e) 

reporting requirements can be found at www.epa.gov/opptltsca8e. 

(b) Notice of Study Scheduling. The Company shall notify, in writing, the EPA Laboratory Data 

Integrity Branch (2225A), Qffice of Enforcement and Compliance Assurance, U.S. Environmental 

Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, of the following 

infonnation within 1 (j days of scheduling any study required to be perfonned pursuant to this 

Order, or within 15 days after the effective date of this Order, whichever is later~ 

(1) The date when the study is scheduled to commence; 

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

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

EPA may contact regarding the study; and 

(4) The appropriate PMN identification number for the substance and a statement that the 
5 

substance is subject to this Modified Consent Order. 

(c) Good Laboratory Practice Standards and Test Protocols. Each study required to be perfonned 

pUrsuant to this Order must be conducted according to TSCA Good Laboratory Practice Standards 

at 40 CPR Part 792 and using methodologies generally accepted in the relevant scientific 

community at the time the study is initiated. Before starting to conduct any such study, the 

Company must obtain approval of test protocols from EPA by submitting written protocols. EPA 

will respond to the Company within 4 weeks of receiving the written protocols. Published test . 

guidelines specified in paragraph (d) provide general guidance fordevelopment of test protocols, 

but are not themselves acceptable protocols. Approval of the test protocol does not mean preacceptance of test results. 

(d) Triggered Testing Requirements. 

The Company is prohibited from manufacturing or importing the PMN substance for non-exempt 

purposes beyond either of the following time or aggregate manufacture and import volume limits 

of the non-exempt PMN substance (collectively "the production limit") unless the Company 

conducts the following tests on the PMN substance and submits all final reports and underlying 

datain accordance with the conditions specified in this Testing section. 

(1) Toxicity Tests. The production limit for these tests shall be calculated starting two years 

. after expiration of the PMN review period. 
6 

Production Limit Test Guideline 

[ ] 90-day inhalation toxicity test, OPPTS 870.3465 

or [ 2] kg, whichever with a post-exposure 

comes first observation period of up to 3 

months, bronchoalveolar 

. lavage fluid (BALF) analysis, 

aggregation!agglomeration 

state, shape, size/size particle 

distribution and surface 

properties of materials asadministered, aggregation! 

agglomeration state, shape, 

size/size particle distribution 

and surface properties of 

materials of the delivered 

materials after 

administration, determination 

of cardiovascular toxicity, 

heart histopathology, and data 

on puhnonary deposition. 

(2) Material Characterization and Physical-Chemical Properties. The Company must submit 

the following material characterization data on the PMN substance in the powdered form 

(including data summaries and procedures), and is strongly encouraged to send in proposed 

procedures before conducting the studies to allow EPA review. Description of the physicalchemical properties of the material tested and material characterization tests should take into 

consideration the characterizations identified in the Guidance Manual for Sponsors of the OECD 

Sponsorship Programme for the Testing of Manufactured Nanomaterials. These tests shall be due 

18 months after expiration of the PMN review period. The Company may propose alternative 

methods or guidelines subject to EPA's approval. 
7 

Characteristic or Property Guideline or method 

[ ] Transmission-electron microscopy (TEM) 

[ ] Scanning electron microscopy (SEM) and TEM 

[ ] X-ray diffraction (XRD) . 

[ ] SEM& TEM 

[ ] . XRD 

XRD . 

Particle sizes of catalyst used in themanf. of the Vendor specifications 

nano[ ] 

Particle shape Optical microscopy and surface area 

. measurements 

Particle size (average and distribution) Optical microscopy and surface area . 

.. measurements 

Particle surface to volume ratio Optical microscopy and surface area 

measurements 

Agglomeration Optical microscopy and surface area 

measurements 

Particle surface area measurement Optical microscopy and surface area 

measurements 

Dustiness test Deutsches Institut fUr Niirmung ("DIN") EN 

15051 method 

(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 of any interim phase of each 

study; and (3) submit, in triplicate (with an additional sanitized copy, if confidential business 

information is involved), the final report of each study and all underlying data ("the report and 

data") to EPA no later than 14 weeks prior to exceeding the applicable production limit. The final 

report shall contain the contents specified in 40 CFR 792.185. Underlying data shall be submitted 

to EPA in accordance with the applicable "Reporting", "Data and Reporting", and "Test Report" 

subparagraphs in the applicable test gnidelines. However, for purpost;'s of this Modified Consent 
8 

Order, the word "should" in those subparagraphs shall be interpreted to mean "shall" to make clear 

that the submission of such information is mandatory. EPA will not require the submission of raw 

data such as slides and laboratory notebooks unless ifEP A finds, on the basis of professional 

judgment, that an adequate evaluation of the study cannot take place in the absence of these items. 

(1) Testing Waivers. The Company is not required to conduct a study specified in paragraph (d) 

of this Testing section if notified in writing by EPA that it is unnecessary to conduct that study. 

(g) Equivocal Data. If EPA finds that the data generated by a study are scientifically equivocal, 

the Company may continue to manufacture and import the PMN substance beyond the applicable 

production limit. To seek relief from any otherTestrictions of this Order, the Company may make 

a second attempt to obtain unequivocal data by reconducting the study under the conditions 

specified in paragraphs (b), (c), and (e)(l) and (2). The testing requirements maybe modified, as 

necessary to p=it a reasoned evaluation of the risks presented by the PMN substance, only by 

mutual consent ofEP A and the Company. 

(h) EPA Det=ination of Invalid Data. 

(I) Except as described in subparagraph (h)(2) of this Section, if, within 6 weeks of EPA's 

receipt of a test report and data, the Company receives written notice that EPA fmds that the data 

generated by a study are scientifically invalid, the Company is prohibited from further manufacture 

and import of the PMN substance beyond the applicable production limit. 

(2) The Company may continue to manufacture and import the PMN substance beyond the 

applicable production limit only if so notified, in writing, by EPA in response to the Company's 

, ' 
9 

compliance with either of the following subparagraphs (h)(2)(i) or (h)(2)(ii). 

(i) The Company may reconduct the study in compliance with paragraphs (b), (c), 

and (e)(l) and (2). If there is sufficient time to reconduct the study and submit thereport and data 

to EPA at least 14 weeks before exceeding the production limit as required by subparagraph (e)(3) 

. of this Section, the Company shall comply with subparagraph (e)(3) of this Section. If there is 

insufficient time for the Company to comp1y'with subparagraph (f)(3) of this Section, the 

Company may exceed the production limit and shall submit the report and data in triplicate to EPA 

within a reasonable period of time, all as specified by EPA in the notice described in subparagraph 

(h) (1 ) of this Section. EPA will respond to the Company, in writing, within 6 weeks of receiving 

the Company's report and data. 

(ii) The Company may, within 4 weeks of receiving from EPA the notice described 

in subparagraph (h)(1) of this Section, subniit to EPA a written report refuting EPA's finding. 

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

(i) Company Determination of Invalid Data. 

(l)Except as described in subparagraph (i)(2) of this Section, if the Company becomes 

aware that circumstances clearly beyond the control of the Company or laboratory will prevent, or 

have prevented, development of scientifically valid data under the conditions specified in 

paragraphs ( c) and ( e), the Company remains prohibited from further manufacture and import of 

the PMN substance beyond the applicable production limit. 

(2) The Company may submit to EPA, within 2 weeks of first becoming aware of such 

circumstances, a written statement explaining why' circumstances clearly beyond the control of the 

Company or laboratory will cause or have caused development of scientifically invalid data. EPA 
lO 

will notifY the Company of its response, in writing, within 4 weeks of receiving the Company's 

report. EPA's written response may either: 

(i) allow the Company to continue to manufacture and import the PMN substance 

beyond the applicable production limit, or 

(ii) require the Company to continue to conduct, or to reconduct, the study in 

compliance with paragraphs (b), (c), and (e)(l) and (2). If there 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 tequired by subparagraph (e )(3) of this Section, the Company shall comply 

with subparagraph (e)(3) of this Section. If there is insufficient time for the Company to comply 

with subparagraph (e )(3) of this Section, the Company may exceed the production limit and shall 

submit the report and data in triplicate to EPA within a reasonable period of time, all as specified 

by EPA in the notice described in subparagraph (i)(2) of this Section. EPA will respond to the 

Company, in writing, within 6 weeks of receiving the Company's report and data, as to whether 

the Company may continue to manufacture and import beyond the applicable production limit. 

G) Umeasonable Risk. 

(1) EPA may notify the Company in writing that EPA finds th~t the data generated by a 

study are scientifically valid and unequivocal and indicate that, despite the terms of this Order, the 

PMN substance will or may present an umeasonable risk of injury to human health or the 

environment. EPA's notice may specify that the Company undertake certain actions concerning 

further testing, manufacture, import, processing, distribution, use and/or disposal of the PMN 

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

substance. Within 2 weeks from receipt of such a notice, the Company must cease all 
11 

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

either: 

(2) within 2 weeks from receipt of the notice described in subparagraph G)(1) of this 

Section, the Company complies with such requirements as EPA's notice specifies; or 

(3) within 4 weeks from receipt of the notice described in subparagraph 0)(1) of this 

Section, the Company submits to EPA a written report refuting EPA's finding andlor the 

appropriateness of any additional requirements imposed by EPA. The Company may continue to 

manufacture, import, process, distribute,use and dispose of the PMN substance in accordance with 

the terms of this Order pending EPA's response to the Company's written report. EPA will 

respond to the Company, in writing, within 4 weeks of receiving the Company's report. Within 2 

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

imposed by EPA's response or cease all manufacture, import, processing, distribution, use and 

disposal of the PMNsubstance. 

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

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

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

relevant information, petition EPA to modifY or revoke provisions of this Modified Consent Order 

pursuant to Part VI of this Modified Consent Order. 

PROTECTION IN THE WORKPLACE 

(a) Establishment of Program. During manufacturing, processing, and use of the non-exempt 

PMN substance at any site controlled by the Company (including any associated packaging and 
12 

storage and during any cleaning or maintenance of equipment associated with the PMN substance), 

the Company must establish a program whereby: 

(1) Applicable Protective Requirements for Different Forms of the PMN Substance. The 

Company shall determine and implement the minimum dermal and respiratory personal protective 

equipment requirements for the different forms of the PMN substance according to the following 

table: 

Physical Forms Maximum Minimum Dermal Minimum 

concentration of the Protection Resl!iraton:: 

PMN substance Protection 

Powdered· Any Full general and Respiratory protection 

specific dermal required in a( 5) 

protection required in 

a(2) and a(3). 

Liquid polymer form Less than or equal to Full general and None required 

7% . specific dermal provided there is no 

protection required in generation of vapor, 

a(2) and a(3). mist, or aerosol and 

the concentration of . 

the PMN substance is 

less than or equal to 

7%, otherwise 

respiratory protection 

required in a( 5) 

Solid polymer form Less than or equal to Ifthere is no If there is no 

30% generation of dust and generation of dust and 

the concentration of the Concentration of 

the PMN substance is the PMN substance is 

less than or equal to less than or equal to 

30%, none required. 30%, none required .. 

Otherwise, full general Otherwise, respiratory 

and specific dermal protection required in 

protection required in a(5). 

a (2) and a (3). 
13 

(2) General Dermal Protection. When required by the table in subparagraph a(l) of this 

section, each person who is reasonably likely to be dermally exposed in the work area to the PMN 

substance through direct handling of the substance or through contact with equipment on which the 

substance may exist, is required to wear, at a minimum, personal protective equipment that 

provides abarrier to prevent dermal exposure to the substance as specified in the minimum dermal 

protection column of the table in subparagraph (a)(l) in the specific work area where the substance 

are selected for use. Each such item of personal protective equipment must be selected and used in 

accordance with OSHA dermal protection requirements at 29 CFR 1910.132,1910.133, and 

1910.138. 

(3) Specific Dermal Protective Eguipment. When required by the table in subparagraph 

(a)(l) of this section, the dermal personal protective eqnipment required by subparagraph (a)(2) 

must include, but is not limited to, the following items: 

(i) Gloves impervious to the PMN substance. 

(ii) Full body clothing impervious to the PMN substance. 

(4) Demonstration of Imperviousness. The Company must be able to demonstrate that 

each item of chemical protective clothing selected, including gloves, provides an impervious 

barrier to prevent dermal exposure during normal and expected duration and conditions of 

exposure within the work area by anyone or a combination of the following: 

(i) Testing. Testing the material used to make the chemical protective clothing and 

the construction of the clothing to establish that the protective clothing will be impervious for the 

expected duration and conditions of exposure. The testing must subject the chemical protective 

clothing to the expected conditions of exposure, including the likely combinations of chemical 

substance to which the clothing may be exposed in the work area. Testing may be conducted 
14 

according to the American Society for Testing and Materials ("ASTM") F739 "Standard Test 

Method for Resistance of Protective Clothing materials to Permeation by Liquids or Gases," 

Results shall be recorded as a cumulative permeation rate as a function of time, and shall be 

documented in accordance with ASTM F739 using the format specified in ASTM F1194-89 

"Guide for Documenting the Results of Chemical Permeation Testing on Protective Clothing 

Materials," Testing may also be conducted according to the ASTM F1671-07 "Standard Test 

Method for Resistance of Materials Used in Protective Clothing to Penetration by Blood-Borne 

Pathogens Using Phi-X174 Bacteriophage Penetration as a Test System", Gloves may not be used 

fora time period longer thafl they are actually tested and must be replaced at the end of each work 

shift during which they are exposed to the PMN substance, 

(ii) Manufacturer's Specifications, Evaluating the specifications from the 

manufacturer or supplier of the chemical protective clothing, or of the material used in 

construction of the clothing, to establish that the chemical protective clothing will be impervious to 

the PMN substance alone and in likely combination with other chemical substance in the work 

area, 

(5) Respiratory Protection, When required by the table in subparagraph (a)(1) of this 

section, each person who is reasonably likely to be exposed by inhalation in the work area to the 

PMN substance, is provided with, and is required to wear, at a minimum, a NIOSH-certified 

respirator from the respirators listed in subparagraph (a)(6) of this section, and the respirator is 

used in accordance. with the Occupational Safety and Health Administration ("OSHA") and 

NIOSH respiratory protection requirements at 29 CFR 1910.134 and 42 CFR Part 84. All 

respirators must be issued, used, and maintained according to an appropriate respiratory protection 

program under the OSHA requirements in 29 CFR 1910.134. 

, ' 
, , 15 

(6) Authorized Respirators. The followllig NIOSH-certified respirators 

meet the minimum requirements for subparagraph (a)(5) of this section: NIOSH-certified airpurifYing, tight-fitting full-face respirator equipped with N-I00, P-I00, or R-I00 filter; a NIOSHcertified powered air-purifYing respirator with a loose-fitting hood or helmet and a HEPA filter 

with documented evidence of an APF of 1,000; a NIOSH-certified continuous flow supplied airpurifYing respirator with a loose-fitting hood or helmet and a HEPA filter with documented 

evidence ofan APF ofl,OOO; or a NIOSH-certified continuous flow supplied air-purifYing 

respirator with a loose-fitting hood or helmet and a HEP A filter with documented evidence of an 

APF ofl,OOO. 

MANUFACTURING 

(a)(I) Prohibition. The Company shaIl not cause, encourage, or suggest the manufacture or import 

of the PMN substance by any other person. 

(2) Sunset Following SNVR. Subparagraph (a)(l) of this Section shaIl expire 75 days after 

promulgation of a finaI significant new use rule ("SNUR")goveming the PMN substance under 

section 5(a)(2) of TSCA unless the Company is notified on or before that day of an action in a 

FederaI Court seekingjudiciaI review of the SNUR. If the Company is so notified, subparagraph 

(a)(I) shaIl not expire until EPA notifies the Company in writing that all FederaI·Court actions 

involving the SNUR have been resolved and the validity ()fthe SNUR affirmed .. 

(3) Notice ofSNUR. When EPA promulgates a finaI SNUR for the PMN substance and 

subparagraph (a)(I) of this Section expires in accordance with.subparagraph (a)(2) of this Section, 

the Company shall notifY each person whom it causes; encourages or suggests to manufacture or 

import the PMN substance of the existence of the SNUR. 
16 

(b) Import Only. The Company shall not manufacture the PMN substance in the United States. 

(c) Prohibited Uses. The Company shall not: 

(1) manufacture or import the PMN substance for use other than as: 

]; 

(2) manufacture or import the non-exempt PMN substance for commercial or consumer use, or in 

a consumer product. 

(d) Sample. The Company shall provide to EPA a 1 gram sample of the PMN substance as 

specified by EPA in a future written request along with a copy of the MSDS for the substance. 

PROCESSING AND USE 

(a) The Company shall not process or use the PMN substance other than as: 

]; and 

(b) The Company shall not process or use the non-exempt PMN substance for commercial 

or consumer use, or in a consumer product. 
h' 

, , 17 

DISTRIBUTION 

(a) Export Notice Requirement. No later than the date of distribution, the Company shall notify in 

writing any person to whom it distributes the PMN substances ( a Distributee) that, due to the 

issuance of this Modified Consent Order under section 5(e)ofTSCA, the PMN substances are 

subject to the export notification requirements ofTSCA section l2(b) and 40 CFRPart 707 

Subpart D. Such notice shall contain, in the form in which t.~ey appear in the Modified Consent 

Order, the following information: (1) the PMN or accession numbers and (2) either (A) the specific 

chemical identities of the chemical substances, or (B) if the specific chemical identities are 

confidential, the generic chemical identities. 

(b) Types of Distributees. This Distribution section authorizes the Company to distribute the 

PMN substances to three types of Distributees:· (1) Distributees who will further distribute the 

PMN substances only when the PMN substances are in a exempted or mitigated state, as defined in 

paragraph (c); (2) Distributees who will further distribute the PMN substances in a non-exempted 

and unmitigated state after the attached Consent Order for Processor expires 75 days after 

promulgation of a final SNUR governing all of the PMN substance; and (3) Distributees who will 

further distribute the PMN substances in a non-exempted and unmitigated state before the attached 

Consent Order for Processor expires 75 days after promulgation of a final SNUR governing all of 

the PMN substances. The distribution requirements for the first two types ofDistributees are 

identical and are stated in paragraph (e) below. The third type of Distributee must sign the 

attached Consent Order for Processor, as specified in paragraph (f) below. 
18 

( c) Mitigated and Exempted States of the PMN Substance. 

(1) Exempted State of the PMN Substance. As described in paragraph (b) o(the Scope of 

Applicability and Exemptions Section, several exempted states of the PMN substance for purposes 

of further distribution are: 

(i) completely reacted (cured); 

(ii) incorporated or embedded into a polymer matrix that itself has been reacted (cured); or 

(iii) incorporated or embedded in a solid polymer form with a concentration of the PMN 

substance equal to or below 30% that is not intended to undergo further processing, except 

for mechanical processing. 

(2) Mitigated States of the PMN Substance. Additionally, for purposes of further distribution, the 

PMN substance shall be considered to be in a "mitigated state" (regarding risk) when the PMN 

substances are: 

(i) incorporated or embedded ina solid polymer form with a concentration of the PMN 

substance equal to or below 30% 

(d) Temporary Transport and Storage. Notwithstanding paragraphs (e) and (t) in this Distrib~tion 

section, the Company may distribute the PMN substances outside the Company for temporary 

transport and storage in sealed containers provided the following· two conditions are met: 

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

PMN substances may be distributed only to the Company or to aDistributee compliant with 

paragraph (e) or (t). 

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

contain~rs and removing or washing out the PMN substances may occur only while the PMN 
19 

substances are in the possession and control of the Company or a Distributee compliant with 

paragraph (e) or (t). 

(e) Distribution Requirements in the Absence of Processor Order. Except when the PMN 

substances are in a exempted or mitigated state as described in paragraph ( c) above, or as provided 

in the Temporary Transport and Storage paragraph (d) above, or for Distributees who sign 

Processor Orders as described in paragraph (t) below, the Company shall distribute the PMN 

st!bstance outside the Company, other than for disposal, only to a Distributee who has agreed in 

writing prior to the date of distribution, to: 

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

issuance of this Modified Consent Order under section 5( e) ofTSCA, the PMN substance is 

subject to the export notification requirements of TSCA section l2(b) and 40 CPR Part 707 

Subpart D. Such notice shall cOntain, in the form in which it appears in this Modified Consent 

Order, the following information:(l) the PMN or accession number, and (2) either (A) the specific 

chemical identity of the PMN substance, or (B) if the specific chemical identity is confidential, the 

generic chemical identity. 

(2) Not further distribute the PMN substance, to any other person, other than for disposal, 

until after the PMN substance is in an exempted or mitigated state as described in subparagraph ( c) 

of this Section. Thus, further distribution for processing and use may occur once the PMN 

substance is in an exempted or mitigated state. However, the mitigated states are not exempted 

and the person receiving the PMN substance must agree in writing prior to the date of distribution 

to subparagraphs (e)(1)-(6) oftbis Distribution Section. 

(3) Comply with the same requirements and restrictions required of the Company in the 
20 

Protection in the Workplace section. 

(4) Not process or use the non-exempt PMN substance other than as: 

]. 

(5) Not use the non-exempt PMN substance for commercial or consumer use, or in a 

consumer product. 

(6) Comply with the same environmental release restrictions required of the Company in the 

Release to Water Section of the Order. 

(:f) Consent Order for Processor. 

(1) If the Company distributes the PMN substances to Distributees who will further 

distribute the PMN substances in an a non-exempted and unmitigated state, before the attached 

Modified Consent Order for Processor expires 75 days after promulgation of a final SNUR 

governing all of the PMN substances, the Company shall distribute the PMN substances outside 

the Company, other than for disposal, only to a Distributee who has signed the Consent Order for 

Processor in Attachment C to this Order (a "Processor"). 

(2) The Company shall obtain from each such Processor a signed copy of the Consent 

Order for Processor and submit the copy to EPA along with the name, address, and telephone 

number of a responsible official of the Processor. The Processor or Company must receive a fully 

executed copy of the Consent Order for Processor from EPA before the Processor may begin to 

process any of the PMN substances. 

, ' 
/<.. .• 

, , 21 

(g) Sunset following SNUR. 

(l) If the Company distributes the PMN substances to Distributees who will further . . 

distribute the PMN substances in a non-exempted and an unmitigated state, before the attached . 

Consent Order for Processor expires 75 days after promulgation of a final SNUR governing all of 

the PMN substances, the Company shall distribute the PMN substances, other than for disposal, 

only to processors who have signed the attached Consent Order for Processor in accordance with 

paragraph (f) of this Distribution section. After the attached Consent Order for Processor expires 

75 days after promulgation of a final SNUR governing all of the PMN substances, the Company 

shall distribute the PMN substances only to Distributees who comply with the requirements 

specified in paragraph ( e) of this Distribution section . 

. (2) Paragraphs (e) and (f) of this Distribution section shall expire 75 days after 

promulgation of a final SNUR for the PMN substances under section 5(a)(2) ofTSCA, unless the 

Company is notified on or before that day of an action in a Federal Court seeking judicial review 

of the SNUR. If the Company is so notified, paragraphs (e )(2) and (f) of this Distribution section 

shall not expire until EPA notifies the Company in writing that all Federal Court actions involving 

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

(3) When EPA promulgates a final SNUR for the PMN substances and paragraph (e) of 

this Distribution section expires in accordance with subparagraph (g)(2), the Company shall notifY 

each Distributee to whom it distributes the PMN substances of the existence of the SNUR. Such 

notification must be 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 substances. Such notice must also reference the publication of 
22 

the SNUR for these PMN substances in either the Federal Register or the Code of Federal 

Regulations. After promulgation of a SNUR and expiration of paragraphs (e )(2) and (f), such 

notice may substitute for the written agreement required in the introductory clause of paragraph 

(f); so that, if the Company provides such notice to the Distributee, then the Company is not 

required to obtain from such Distributee the written agreement specified in paragraph (e). 

However, even absent such written agreement, the Company remains obligated to comply with the 

"Recipient Non-Compliance" paragraph (h) below. 

(h) Recipient NoncCompliance. If, at any time after commencing distribution in commerce of the 

PMN substances, the Company obtains knowledge that a recipient (including a Processor) of the 

PMN substances has failed to comply with any of the applicable conditions specified in paragraphs 

(e) or (f) of this Distribution section or, after paragraphs (e) or (f) expires in accordance with 

paragraph (g)(2), has engaged in a significant new use of the PMN substances (as defined in40 

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

shall cease supplying the substances to that recipient, unless the Company is able to document 

each of the following: 

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

recipient has failed to comply with any of the applicable conditions specified in paragraphs ( e) or 

(f) of this Distribution section, or has engaged in a significant new use of the PMN substances 

without submitting a significant new use notice to EPA. 

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

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

aware of the applicable t=s of paragraphs (e) or (f) of this Distribution section and will comply. 
t~,' )! 

23 

with those terms, or is aware of the terms of the significant new use rule for the PMN substances 

and will not engage in a significant new use without submitting a significant new use notice to 

EPA. 

(3) If, after receiving a statement of assurance from a recipient under subparagraph (h)(2) 

of this Distribution section, the Company obtains knowledge that the recipient has failed to comply 

. with any of the applicable conditions specified in paragraphs (e) or (f) of this Distribution section, 

or has engaged in a significant new use of the PMN substances wiHlout submitting a significant 

new use notice to EPA,the Company shall cease supplying the PMN substances to that recipient, 

shall notifY EPA of the failure to comply, and shall resume supplying the PMN substances to that 

recipient only upon written notification from the Agency . 

. RELEASE TO WATER 

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

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

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

waste stream from processing and use containing the PMN substance into the waters of the United 

States. This prohibition does not apply to quantities of the PMN substance embedded in solid 

polymer form with a concentration of the PMN substance equal to or below 30%. 

RECORDKEEPING 

(a) Records. After the effective date of this Order and, consistent with any other requirements 
24 

under TSCA, the Company shall maintain the following records until 5 years after the date they 

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

section 11 ofTSCA: 

(1) Exemptions. Records documenting that the PMN snbstance did in fact qnalifY for anyone or 

more of the exemptions described in Section I, Paragraph (b) of this Order. Snch records must 

satisfY all the statutory and regulatory recordkeeping requirements applicable to the exemption 

being claimed by the Company. Any amounts or batches of the PMN substance eligible for the 

Export exemption in Section I, Paragraph (b )(2) of this Order, are exempt from all the 

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

their creation, copies of the export label and export notice to EPA; required by TSCA sections 

12(a)(I )(B) and 12(b), respectively. Any amounts or batches of the PMN substance eligible for 

the Research and Development exemption in Section I, Paragraph (b )(3) of this Order, are exempt 

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

from the date of their creation, the records required by 40 CFR nO.78(b). For any amounts or 

batches of the PMN substance claimed to be eligible for any other exemption described in Section 

I, Paragraph (b) of this Order, the Company shall keep records demonstrating qualification for that 

exemption as well as the records specified in paragraphs (2) and (3) below, but is exempt from the 

other recordkeeping requirements in this Recordkeeping section; 

(2) Records documenting the manufacture and importation volume of the PMN substance 

and the corresponding dates of manufacture and import; 

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

address, if different) of all persons outside the site of manufacture or import to whom the 

Company directly sells or transfers the PMN substance, the date of each sale or transfer, and the 
J~ ), 

, , 25 

quantity of the substance sold or transferred on such date; 

(4) Records documenting the addresses of all sites of manufacture, import, processing, and 

use; 

(5) Records documenting establishment and implementation of a program for the use of 

any applicable personal protective equipment required pursuant to the Protection in the Workplace 

section of this Order; 

(6) Records documenting the determinations required by the Protection in the Workplace 

section of this Order that chemical protective clothing is impervious to the PMN substance; 

(7) Records documenting compliance with any applicable manufacturing, processing, use, 

and distribution restrictions in the Manufacturing, Processing, and Use, and Distribution sections 

of this Order, includingdistributees' written agreement to comply with the Distributionsection of 

this Order; 

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

section of this Order, if applicable; and 

(9) TheCompany shall keep a Copy of this Order at each of its sites where the PMN 

substance are manufactUred of imported. 

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

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

Company's customers. 

(c) OMB Control Number. Under the Paperwork Reduction Act and its regulations at 5 CFR Part 

1320, particularly 5 CFR 1320.5(b), the Company is not requiredto respond to this "collection of 
26 

information" unless this Order displays a currently valid control number from the Office of 

Management and Budget ("OMB"), and EPA so informs the Company. The "collection of 

information" required in this TSCA §5(e) Modified Consent Orders has been approved under 

currently valid OMB Control Number 2070-0012. 

IV. REQUESTS FOR PRE-INSPECTION INFORMATION 

(a) EPA's Request for Information. Pursuant to section 11 ofTSCA and 40 CFR 720.122, EPA 

may occasionally conduct on-site compliance inspections of Company facilities and conveyances 

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

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

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

may 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 may reasonably be exposed to the PMN substance; 

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

with the PMN substance and may reasonably be exposed to the PMN substance; 

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

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

(v) Records required by the Recordkeeping section of this Order; and/or 

(vi) Any other information reasonably related to determining compliance with this Order or 

conducting 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 later than 30 days after receiving EPA's request. When requested in 

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

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

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

to all of EPA's requests. 

(c) Confidential Business Infonnation. Any Confidential Businessinfonnation ("CBf') that the 

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

TSCA and 40 CFR Part 2. 

V. SUCCESSOR LIABILITY UPON TRANSFER OF MODIFIED CONSENT ORDER 

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

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

substance, including the right to m'anufacture the PMN substance, to another person outside the 

Company (the "Successor in Interest"). 

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

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

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

substance from the Company pursuant to 40 CFR 720.102, the Successor in Interest must submit 

new PMNs to EPA and comply fully with Section 5(a)(I) of TSCA and 40 CFRpart 720 before 
28 

commencing manufacture or import of the PMN substance. 

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

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

shall not be required to submit new PMNs to EPA. 

(c) Definitions. The following definitions apply to this Successor Liability section of the Order: 

(1) "Successor in Interest" means a person outside the Company who has acquired the 

C01TIpany's full interest in the rights to manufacture the PMN substance, including all ownership 

rights and legal liabilities, through a transfer document signed by the Company, as transferor, and 

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

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

license to the patent or manufacturing rights associated with the PMN substance. A Successor in 

Interest must be incorporated, licensed, or doing business in the United States in accordance with 

40 CFR n0.22(a)(3). 

(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. 

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

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

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

Attachment C to this Order. 

. ' 
I' , , 29 

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

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

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

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

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

Successor in Interest at its principal place of business, and at all sites where the PMN substance are 

manufactured or imported. Copies of the Transfer Document must also be made available for 

inspection pursuant to Section 11 of TSCA, must state the effective date of transfer, and must 

contain provisions which expressly transfer liability for the PMN substance under the terms of this 

Order from the Company to the Successor in Interest. 

( e) Liability. 

(1) The Company shall be liable for compliance with the requirements of this Order until 

the effective date of the transfer described above. 

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

Order effective as of the date of transfer. 

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

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

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

in commerce, or disposed of the PMN substance pursuant to the terms of this Modified Consent 

Order. 

(f) Obligations to Submit Test Data under Modified Consent Order. If paragraph (d) of the 
30 

Testing section of this Modified Consent Order requires the Company to submit test data to EPA at 

a specified production volume ("test trigger"), the aggregate volume of the PMN substance 

manufachlred and imported by the Company up to the date of transfer shall count towards the test 

trigger applicable to the Successor in Interest. 

VI. MODIFICATION AND REVOCATION OF MODIFIED CONSENT ORDER 

The Company may petition EPA at any time, based upon new information on the health 

effects of, or human exposure to, the PMN substance, to modify or revoke substantive provisions 

of this Order. The exposures and risks identified by EPA during its review of the 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 or revoke this 

Order, EPA will consider all relevant information available at the time the Agency makes that 

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

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

analysis, and any other relevant information. 

EPA will issue a modification or rrocation if EPA determines that the activities proposed 

therein will not present an UI1feasonable risk of injnry to health or the environment and will not 

result in significant or substantial human exposure or substantial environmental releMejn ~e " 

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

the PMN substance. 

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

langnage of this Order. EPA will issue such a modification ifEP A determines that the 

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

issued. 

, ' 

" I ,./ 
\~ 1 '.J 

31 

VII. EFFECT OF MODIFIED CONSENT ORDER 

(a) Waiver. By consenting to the entry oftllls Order, the Company waives its rights to file 

objections to this Order pursuant to section 5(e)(1)(C) of TSCA, to receive service of this Order no 

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

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

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

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

does not affect any other rights that the Company may have under TSCA. 

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

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

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

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

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

information contained within the brackets. 

/ :;.jr /(0 

> 

Date 

1::t11L{ 120\0 

Date 

• 

llution Prevention and Toxics 

Title: [

Company: [ .] 
ATTACHMENT A 

DEFINITIONS 

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

"Chemical name" means the scientific designation of a chemical substance in accordance 

with the nomenclature system developed by the International Union of Pure and Applied 

Chemistry or the Chemical Abstracts Service's rules of nomenclature, or a name which will clearly 

identify a chemical substance for the purpose of conducting a hazard evaluation. 

"Chemical protective clothing" means items of clothing that provide a protective barrier to 

prevent dermal contact with chemical substance of concern. Examples can include, but are not 

limited to: full body protective clothing, boots, coveralls, gloves, jackets, and pants. 

"Company" means the person or persons subject to this Order. 

"Commercial use" means the use of a chemical substance or any mixture containing the 

. chemical substance in a co=ercial enterprise providing saleable goods or a service to consumers 

(e.g., a cOmniercial dry cleaning establislunent or painting contractor). 

"Co=on 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 

than by its chemical name. 

"Consumer" means a private individual who uses a chemical substance or any product 

containing the chemical substance in or around a permanent or temporary household or residence, 

during recreation, or for any personal use or enjoyment. 

"Consumer product" means a chemical substance that is directly, or as part of a mixture, 

sold or made available to consumers for their use in or around a permanent or temporary 

household or residence, in or around a school, or in recreation. 

"Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage 

tank, or the like that contains a hazardous chemical. For purposes of this section, pipes or piping 

systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be 

containers. 

"Contract Manufacturer" means a person, outside the Company, who is authorized to 

manufacture and import the PMN substance under the conditions specified in Part II. of this 

Modified 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" of a person if it is under 

, ' 
, , 

2 

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

only be used by that person within the work shift in which it is transferred from the labeled 

container. 

"Impervious." Chemical protective clothing is "impervious" to a chemical substance if the 

substance causes no chemical or mechanical degradation, permeation, or penetration of the 

chemical protective clothing under the conditions of, and the duration of, exposure. 

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

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

of manufacture, including the cleaning of equipment. 

"MSDS" means material safety data sheet, the written listing of data for the chemical 

substance. 

"NIOSH" means the National Institute for Occupational Safety and Health of the U.S. 

Department of Health and Human Services. 

"Non-enclosed process" means any equipment system (such as an open-top reactor, storage 

tank, or mixing vessel) in which a chemical substance is manufactured, processed, or otherwise 

used where significant direct contact of the bulk chemical substance and the workplace air may 

occur. 

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

mixtures are manufactured, imported, or processed. 

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

submitted by the Company relevant to this Order. 

"Personal protective equipment" means any chemical protective clothing or device placed 

on the body to prevent contact with, and exposure to, an identified chemical substance or substance 

in the work area. Examples include, but are not limited to, chemical protective clothing, aprons; 

hoods, chemical goggles, face splash shields, or equivalent eye protection, and various types of 

respirators. Barrier creams are not included in this definition. 

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

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

processing, including the cleaning of equipment. 

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

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

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

substance. 

"Scientifically equivocal data" means data which, although developed in apparent 
3 

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

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

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

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

long-tenn containment of the PMN substance, and from which there will be no human exposure to, 

nor environmental release of, the PMN substance during transport and storage. 

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

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

industrial, commercial, or consumer use. 

"Waters of the United States" has the meaning set forth in 40 CFR 122.2. 

"Work area" means a room or defined space in a workplace where the PMN substance is 

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

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

work areas. 
Company (Transferor) 

ATTACHMENT B 

NOTICE OF TRANSFEROF 

TOXIC SUBSTANCE CONTROL ACT 

SECTION See) MODIFIED CONSENT ORDER 

PMNNumber 

1. Transfer of Manufacture 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 of a premanufacture notice ("PMN") and is governed by a Consent Order issued by the 

U.S. Environmental Protection Agency ("EPA") under the authority of §5( e} of the Toxic 

Substance Control Act (TSCA, 15 U.S.C. §2604(e)). 

2. Assumption of Liability. The Successor in Interest hereby certifies that, as of the effective date 

of transfer, all actions or omissions governed by the applicable Consent Order limiting 

manufacture, processing, use, distribution in commerce and disposal of the PMN substance, shall 

be the responsibility of the Successor in Interest. Successor in Interest also certifies that it is 

incorporated, licensed, or doing business in the United States in accordance with 40 CFR 

n0.22(a)(3). 

3. Confidential Business Infonnation. The Successor in Interest hereby: 

reasserts, 

relinquishes, or 

modifies 

all Confidential Business Information ("CBr') claims made by the ComPiillY, pursuant to Section 

14 of TSCA and 40 CFR part 2, for the PMN substance(s). Where "reasserts" or "relinquishes" is 

indicated, that designation shall be deemed to apply to all such claims. Where "modifies" is 

indicated, such modification shall be explained in detail in an attachment to this Notice of 

Transfer. Infonnation which has been previously disclosed to the public (e.g., a chemical identity 

that was not claimed as CBI by the original submitter) would not subsequently be eligible for 

confidential treatment under this Notice of Transfer. 
2 

TOXIC SUBSTANCE CONTROL ACT 

SECTION See) MODIFIED CONSENT ORDER 

NOTICE OF TRANSFER 

(continued) 

Company (Transferor) PMNNumber 

Signature of Authorized Official Date 

Printed Natne of Authorized Official 

Title of Authorized Official 

Successor in Interest 

Signature of Authorized Official Date 

Printed Name of Authorized Official 

Title of Authorized Official 

Address 

City, State, Zip Code 
3 

TOXIC SUBSTANCE CONTROL ACT 

SECTION See) MODIFIED CONSENT ORDER 

NOTICE OF TRANSFER 

(continued) 

Successor's Technical Contact 

Address 

City, State, Zip Code 

Phone