**lJ\{W~JrfLtUNVIRONMENTAL** 

### PROTEC'110N AGENCY 

# EPA**SAI'IIJp~ICE** OF POLLUTION PREVENTION AND TOXIes 

# sw,;**J11)~ULATION** OF A NEW CHEMICAL SIJBSTANCE

- PEl'..'DING DEVELOPMENT OF lNFORMATlON**\~.'** . 

# \./\

. 

# c..'2i In the matter of: ) ) ) ) ) ) Premanufacture Notice Number:



### ) P06-0702 .)

) ) ) )

Consent Order and Determinations Supporting Consent Order• ,r

J. 

### li
TABLE OF CONTE:N"TS
Preamble L 

### Introduction



### , If. .'Sumwary ofTenns ofthe Order III. Contents ofPMN N. 

### EPA's Assessment ofRisk V. EPA's Conclusions ofLaw 

### VI. Information Required to Evaluate HUIlJ1i.n Health Effects

Consent Order 

### 1. Scope ofApplicability and Exemptions II. Tenns ofManufacture, Import, Processing, Distribution in 

### Commerce, Use, and Disposal Pending Submission and Evaluation ofInformation III. Rerordkeeping N. 

### Requests for Pre-Inspection Information V. Suecessor Liability Upon Transfer ofConsent Order VI. Modification and Revocation ofConsent Order VII. Effect ofConsent Order Attachment A

- Definitions Attachment B

- Statistical Analysis ofNCELs Analytical Method Verification Results Attachment C

- Notice ofTransfer ofConsent Order•
II1



### PREAMBLE I. INTRODUCTION Under the authority of

### § 5(e) ofthe Toxic Substances Control Act ("TSCA") (15 U.S.C. 2604(QJ), the Environmcntal Protection Agency ("EPA" or "thc Agency") issues the attached Order, regarding premanufacture notice ("PMN") P-06-0702 for the chemical substance

. (the "PMN substance") submitted by ("the Company"), to take effect upon expiration ofthe PMN review period. The Company submitted the PMN to EPA pursuant 

### to section 5(a)(I) ofTSCA and 40 

### CPR Part 720. Under 

### § 15 ofTSCA, it is unlawful for any person to fail orrefuse·to eomply with any provision of 

### § 5 or any order issued 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 Orderissued under 

### § 5 of TSCA, such as this one, are subject to the 

### § 12(b) export notice requirement.



### II. SUMMARY OF TERM') 

### OFTHE ORDER The Consent Order for this PMN substance require!; the Company 

### to: (1) submit to EPA certain toxicity testing at least 14 weeks beforc manufacturing or importing a total
. kilograms ofthe PMN substance; (2) provide its workers personal protective equipment to prevent dermal exposure; (3) provide its workers respirators to prevent inhalation exposure; (4) as an alternative to usingrespirators, maintain workplace airborne concentrations ofIV the PMN substance at or below a specified New Chemical Exposure Limit ("NCEL") of OJ4 mg/mJ verified by actual exposure monitoring data (To pursue this option, a sampling and analytical method must be developed by the Company, verified by an independent third-party laboratory, and submitted to 

### EPA,); (5) label the PMN substance and provideMaterial Safety Data Sheets (MSDS) and worker training in accordance with the provisions ofthe Hazard Communication Program section; (6) distribute the PMN substaneconlyto a personwho agrees to follow the same restrictions (except the testing requirements) and to not further distribute the PMN substance until it has been completely reacted; (7) comply with the Release to Water provisions; and (8) maintain certain records.



### III. CONTEl'Il'S OF PMN Confidential Business Information Claims 

## C$m9ktlt<JcI in the Preamble and Order): Company identity, chemical identity, planfsite, use, production volume. Chemical Identitv: Specific: Generic: Substituted aliphatic amine
Specific:
. Generic: Polymer curative Maximum 12-MonthProduction Volume:v
Test Data Slll)!nitted During the Review ofthe PMN: GlovePenneability)3tudy with 

### J-..1}30X style 

### 9-912 gloves = impervious for 110 minutes Acute Aguatic Toxicity Testing Acute toxicity studies withdaphnia, algae, and fish, as well as
a 

### fish toxicity stUdy with mitigationby humic acid were submitted on the 

### P1vfN substance. Results ofthe studies showed that daphnia Was the most sensitive species. Based on these studies, a concern concentration was established by EPA 

### at 1 part perbillion PMN substance in surface water.



### IV. EPA'S ASSESSl\:lENT OFRISK The following are EPA's predictions regarding the probable human and environmental toxicity, human exposure and environmental release ofthe P1v1N substance, based ontheinformation qurrently available to the Agency. Human Health Effects Summary: Absorption: GItract 60% Lung 100% Skin 80% Toxicological Endpoints ofConcern: Chronic liver**toxicity~** acute oral toxicity and corrosion to membranes, dermal toxicity, inhalation toxicity, dermal and eye irritation. Basis: Byanalogy to test data on

Environmental Effects Summary: Environmental toxicity estimates arebased on acute toxicity testing on the PMN substance. Environmental risk estimates are based on estimated releases toVI surface water during processing and use operations. During processing, EPA's Concentration of Concern (COC) of1 part perbillion is predicted to be exceeded 112 out of 115 days per year (Surface Water Concentration: 76 ppb). During use, the COC is predicted to be exceeded 51 out of55 days per year (Surface Water Concentration: 235 ppb).
Exposure and Environmental Relcase Summary: Manufacture Process Use 

## I # Sites 

## .

Workers ! 

## I (#/site) v • Exposure I (days/year)

Dermal Exposure negligible (mg/day)

I Inhalation Exposure
i (mg/day) I negligible**'"~-""" ---~--------** 

Drinking Water NA NA NA Exposure (mg/-day) ,

- Releases (days/year) NA Release to Water NA (kg/day) Risk to Workers: Predicte-d dennal and inhalation occupational exposuresfar excee-d acceptable levels and indicate unacceptable Margins ofExposures (MOE's). Specifically, PMN exposures
are expccte-d to excee-d acceptable levels by 30-fold for inhalation exposure (during application coating) and by far larger factors for dermal exposure (during drum loading/unloading).
NlOSH Assigned Protection Factor ("APF"): 50 New Chemical. Exposure Limit = 0.14 mg/m3 as an 8-hourtime-weighted average ("TWA").vii 

### V. EPA'S CONCI,USIO:-JS OFLAW 'The following findings constitute the basis ofthe Consent Order: (a) EPA is unable to determine thepotential for human health effects, such**a~** chronic liver toxicity, acute oral toxicity, dermal toxicity, inhalation toxicity, dermal and eye irritation from exposure to the PMN substance. Further, EPA is unable to determine thepotential fur toxicityto aquatic organisms from environmental release ofthe PM-1\[ substance. EPA therefore concludes, pursuant to § 5( e

)(1)(A)(i) ofTSCA, that the infoitnation availabIe to theAgency is insufficient to permit a reasoned evaluation ofthe humanhealth and environmental effects ofthe PMN substance.
(b) 

### In light ofthe potential risk ofacute oral toxicity, dennal toxicity, inhalation toxicity, dermal and eye irritation and toxicity to aquatic organisms posedby the uncontrolled manufacture, import, processing, distribution 

### in commerce, use, and disposal 0 fthe PMN substance, EPA has concluded, pursuant to 

### § 5(e)(1)(A)(ii)(l) ofTSCA, that uncontrolled manufiletore, import, processing, distribution in commercc, use, and disposal oflbe PMN substance may present an unreasonable risk ofinjury to human health and the environment



### VI. INFORMATION REQUIRED TO EVALUATE HEALTH AND ENVIRON1\IENTAL EFFECTS Triggered Testing. The Orderprohibits the Company from exceeding a specified production volume unless the Company submits the infonnation described in the Testing section ofthis Order in accordance with the conditions specified in the Testing section.V111 r.ending Testing The following additional information would be required to evaluate the environmental effects which maybe caused bythe PMN substance: Information

. Dapbnid Chrome Toxicity Test

FishEarlyLifestage ToxicityTest Guidelines OPPTS 850.1300 OPPTS 850.1400 The Order does notrequire submission ofthe above pended testing at any specified time or production volume. However, the Order's restrictions on manufacture, import, processing, distribution in commerce, use, and disposal ofthe PMN substance willremainin effect until the Orderis modified orrevoked byEPA based on submission ofthat or otherrelevant information.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D,C, 20460



### CONSENT ORDER

I. SCOPE OF

### APPLICABILITY AND EXEMPTIONS OFFICE OF PREVENTION, PESTICIDES AND rOXIG SUBSTANCES

(a) Scope. The requirements ofthis Order apply 

### to all commercial manufacturing, processing, distribution in commerce, use and disposal ofthe chemical substance (p-06-0702)("the PMN substance") intheUnited StateS by ("the Company"), except to the extent that those activities are exemptedbyparagraph (b).
(b) Exemptions. Manufacturing, processing, distribution 

### in commerce, use and disposal oflhe PMN substance is exempt from the requirements ofthis Order (except lherequirements 

### in lhe Recordkeeping and Successor LiabilityUpon Transfer OfConsimt Order sections) only to the extent that (1) lhese activities are conducted in full compliancewith all applicablerequirements ofthe following exemptions, and (2) such compliance is documented by appropriate recordkeeping as required in the Recordkeeping section oflhis Order.
(1) CompletelY Rea,;ted (Cured). Therequirements ofthis Order do not apply to quantities ofthe PMN substance after they have been completely reacted (cured),

lnleme! Address (uRL}. hrtp://v.'VfN:epa.gov Re.cyc!edIRocyclable 6 Printed wiLl) Vegetable on Based 1:1Y.s on -;00% Poslcor.surner, Process Chlorine Free Recycled Paper(2) De Minimis Concen.!!:ations. Therequirements ofthis Order do not apply to quantities ofthe PMN substfu'ce that are (1) present in the work area only as a mixture and (2) at a concentration not to exceed 1.0 percentby weight or volume (0.1 percentby weight or volume if thePMN substance is ideutified as a potential carcinogen in paragraph (f) ofthe Hazard Commuuication Program section ofthis Order). This exemption is not available ifthe Company hasreason to believe that, during intended activities, the PrvfN substanec in the mixture maybe reconcentrated above the 1.0 or 0.1 percent level, whichever applies. Ifhis Order contains New Chemical Exposure Limits provisions or Release to Water provisions 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 thoseprovisions. (3) Export. Until the Company begins commercial manufacture ·ofthe PMN substance for
use in the United States, the requirements ofthis Order do not apply to manufacture, pfoeessing or distribution in commerce ofthe PMN substance solely for exportin aetordanee with TSCA 

### §12(a) and (b), 40 CFR 720.3(s) and 40 CFR Part 707. However, once the Companybegins to manufueture the PMN substance for use in the United States, no further aetivityby the Company involving the PMN substanceis 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. Priorto leaving U.S. territory, even those quantities or batchcs ofthe PMN substance that are destined for export
are subject to terms ofthc Order, and count towards anyproduction volume test triggers 

### inthe Testing section ofthis Order.- 3

- (4) ResearCl1 & Devel9pment ("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 withTSCA §5(h)(3), 40 CFR 720.3 (cc),and 40 CFR 720.36. The requirements of this Order also do not apply to manufacturing, processing, distribution 

### in commerce, use and disposal ofthe PMN substance when manufactured solely for non-commercialresearch and development per 40 CFR 720.30(i) and TSCA§5(i). (5) Byproducts. The requirements ofthis Order do not apply to the PMN substance whcn it is produced, without separate commercial intent, only as a "byproduct" as defined at 40 CFR 720.3(d) and in compliance with40 CFR720.30(g). (6) No Stmarate Commercial Purpose.· The requirements ofthis Orderdo not applyto the PMN substance when itismanufactured, pursuant to any ofthe exemptions 

### in 40 CFR 720.30(h), with no commercial purpose separate from the substance, mixture, or article ofwhich it is 

### apari. (7) Imported Articles. The requirements ofthis Order do not apply to the PMN substance when it is imported as part of

### an "article" as defined at 40 CPR nO.3( c) and in Compliance with 40 CFR n0.22(b)(1).
(c) Automatic Sunset. Ifthe Company has obtained for thePMN substance a Test Market Exemption ("TME") under TSCA §5(h)(1) and 40 CPR 720.38 or a Low Volume Exemption ("LVE") or Low Release and Exposure Exemption ("LoREX") under TSCA §5(hX4) and 40 CFR 723.50Cc)(1) and (2) respectively, any such exemption 

### is automatically rendered null and void as ofthe effective date ofthis Consent Order.-4-


### II. TERJ'WS OFMANUI<'ACTURE, IMPORT, I'ROCESSING,

DISTRIBLTION IN COMMERCE, USE. AND DISI'OSAL I'ENDli'lG SUBMISSION AND EVALuATION OFINFORMATION

PROHiBITION The Companyis prohibited from manufacturing, importing, processing, distributingin commerce, using, or disposing ofthe PMN substance inthe United States, for any nonexempt commercial purpose, pending the development ofinformation necessary for a reasoned evaluation ofthe human health and environmental effects ofthe substance, and the completion ofEP A's review of, and regulatory actionbased on, that information, except in accordance withthe conditions described inthis Order.


### TESTING (a) SectiqI] 8(e) Reporting, 

### Anyinformation on the PMNsubstance which reasonably supports the conclusion that the PMN substancepresents a substantial risk of

### injury to health or the environment required to be reported under EPA's section 8(e) policy statement at43 Federal Register 11110.(March 16, 1978) as amended at 52 Federal Register 20083 (May 29, 1987), shall reference the appropriate PMN identification number for this substance and shall contain a statement that the substance is subject to this Consent Order, Additional information regarding seetion 

### B(e) reporting requirements can be found 

### in the reporting guide referenced at 56 Federal Registtl,r28458 (June 20, 1991),

### -5- (b) Notice of Study**Schedllli~** The Company shall notify, in writing, the EPA Laboratory Data Integrity Branch (2225A), Office ofEnforcement and Compliance Assurance, U.S. Enviromnental Protec.:tion Agency, 1200 Pennsylvania Avenue, N.W.,Washington, D.C. 20460, ofthe following information within 10 days ofscheduling any study required to be performed pursuant to this Order, orwithin 15 days after 

### the effective date ofthis Order, whichever is later: 

### (1) The date when the studyis scheduled to cormnence; (2) The name and address ofthe laboratory whichwiIi conduct the study; (3) The name and telephone number ofa person at the Company or the 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 study required to beperformed pursuant to this Order must be conducted according to TSCA Good LaboratoryPractice Standards at 40 CFR Part 792 and using methodologies generally accepted in the relevant scientific cormnunity at the time the study is initiated. Before starting 

### to conduct any such study, the Company must obtain approval oftest protocols from EPAby SUbmitting written protocols. 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 oftestprotocols, but are not themselves acceptable protocols. Approval ofthe test protocol does not mean preacceptance oftest results.- 6- (d) Triggered Testing Requirements. The Company is prohibited from manufachrring or importing the PMN &'ubstance beyond the following aggregate manufacture and import volume ("the production limit"), unless the Company**conduct~** the following studies on the PMN substance and submits an final reports and underlying data in accordance with the conditions specified in this Testing section.
Production Limit Primary Skin Irritation Primary Eye Irritation 28-Day Repeated Dose (rats/gavage) Guideline OECD404 OECD405 OECD407 (e) Test Reports. The Company shall: (1) conduct each study in good faith, with due care, and in
. a scientificallyvalid manner; 

### (2)promptly furnish to EPA the reSults ofany interim phase ofeach study; and (3) submit, in triplicate (with an additional sanitized copy, ifconfidential business
, . information is involved), the final report ofeach study and allllnderlying data ("the report and data") to EPA no later than 14 weeks prior to exceeding the applicableproduction Ihnit. 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 andReporting," and "Test Report" subparagraphs in the applicable test guidelines. However, for purposes ofthisConsent Order, the word "should" in those subparagraphs shall be interpreted

### to mean "shall" to make clear that the submission ofsuch information is mandatory. EPA will not require the submission ofraw data such as slides and laboratory notebooks unless ifEPA fmds, on the basis ofprofessionaljudgment, that an adequate evaluation ofthe study cannot take placein the absence ofthese items.• • 

### -7- (f) Testing**Waiv~rs.** The Companyis not required to conduct a study specified in paragraph (d) of this Testing section ifnotified in writing by EPA that it is unnecessary 

### to conduct that study.
(g) Equivocal Data. IfEPA finds that the data generated by a study are scientifically equivocal, the Companymay continue to manufacture and import the PMN substance beyond the applicable production 

### limit. To seck relieffrom allY other restrictions ofthis Order, the Companymaymake
a second attempt to obtainunequivocal databy reeonducting the study under the conditions specified inparagraphs (b), (c), and (e)(I) and (2). The testing requirements may bemodified, 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 thedata generated by
a study are seientifically invalid, the Company is prohibited from further manufacture and import ofthe PMN substance beyond the applicable production limit. (2) Thc Companymay continue to manufacture and import thePMN substance beyond the applicable production limit onlyif so notified, in writing, by EPA in response to the Company's compliancewith either ofthe following subparagraphs (h)(2)(i) or (h)(2)(ii). (i) The Company may reconduct the studyin compliance with paragraphs (b), (c), and (e)(I) and (2). Ifthere is sufficienttime to reconduct the study and submit the report and data to EPA at least 14 weeks before exceeding theproduction limit as required by subparagraph (e)(3),

### - 8-
the Company shall comply with subparagraph (e)(3). 

### Ifthere is insufficienttime forthe Company to comply with subparagraph (e)(3), the Company may exceed the production limit and shall submit thereport and datain triplicate 

### to EPA within a reasonable period oftime, all 

### as specified byEPA in the notice des(,Tibed in subparagraph (h)(1). EPA will respond 

### to the Company, in writing, within 6 weeks ofreceiving the Company's report and data (ii) The·Corripanymay, within 4 weeks ofreceiving from EPA the notice described in subparagraph (h)(l), submit to EPA a written report refutingEPA's finding. EPA will respond to the Company, in writing, within 4 weeks ofreceiving the Company's report.


### (i) Company Determination ofInvalid Data. (l) Except 

### as described in subparagraph (i)(2), ifthe Company becomes aware that circumstances clearlybeyond the control ofthe Companyorlaboratory will prevent, or have prevented, development ofscientifically valid data under the conditions specified inparagraphs (c) and (e), the. Companyremains prohibited from further manufacture and import ofthe PMN substance beyondthe applicableproduction limit.

. (2) The Companymay submit 

### to EPA, within2 weeks offirst beconaing aware ofsuch circmnstances, a written statement explaining why circumstances clearlybeyond the control ofthe Company or laboratory 

### will cause orhave caused development ofscientifically invalid data. EPA will notify the Company ofits response, in writing, within4 weeks ofreceiving the Company's report. EPA's writtenresponse may either: 

### (i) allow the Company to continue to manufacture and import the PMN substance beyond the applicable production limit, or

### - 9- (ii) require the Company to continue to conduct, or to reconduct, the study in compliance with paragraphs (b), (c), and (e)(l) and (2). Ifthere is sufficient time to conduct or rcconduct the study and submit the report and data to EPA at least 14 weeks before exceeding the production limit aq required by subparagraph (e)(3), the Company shall comply with subparagraph (e)(3). Ifthere is insufficient time for the Companyto comply with subparagraph (e)(3), the Company may exceed the productiori limit and shall submit the report and data in triplicate to EPA within a reasonable period oftime, all**a~** specified by EPA in the notice desLTibed in subparagraph (i)(2). EPA will respond to the Company, 

### in writing, within 6 weeks ofreceiving the Company's report and data, as to whether the Companymay continue

### to manufacture and import beyond the applicable production limit.
G) Unreasonable Risk.
. (1) EPA may notify the Company in writing that EPA finds that the data generated by a study are scientificallyvalid and unequivocal and indicatethat, despite the terms ofthis Order, the PMN substance will ormaypresent an Unreasonable risk ofinjury to humanhealth or the enviroument. 

### EPA's notice may specifythat the Companyundertake certain actions conceruing further testing, manufacture, import,**pr~cessing,** distribution, use and! or disposal ofthe PMN substance to mitigate exposures to or to better characterizethe risks presented bythe PM:\[ substance. Within 2wceks from receipt ofsuch a notice, the Companymust cease all manufacture, import, processing, distribution, use and disposal ofthe PMN substance, unless either:• 

### -10- (2) within 2 weeks from receipt ofthe notice described in subparagraph 0)(1), the Company complies with such requirements as EPA's notice specifies; or (3) within 4 weeks from receipt ofthe noticedescribed in subparagraph 

### 0)(1), the Company submits to EPA a writtenreport refuting EPA'sfinding andlor the appropriateness of any additional requirements imposed byEPA. The Company may continue to manufacture, import, process, distribute, use and dispose ofthe PMN substancein 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 ofreceiving the Company's report. Within 2 weeks of reeeiptofEPA's written response, the Company shall comply with any requirements imposed by EPA'sresponse or cease all manufacture, import, proeessiog, distribution, use and disposal ofthe PMN substance.
(k) OtherReguirements. 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 writing byEPA. TheCompany may, based upon submitted test data orother relevant information, petition EPA to modify orrevoke provisions ofthis Consent Order pursuant to Part VI. ofthis Consent Order.


### PROTECTION IN THE WORKPLl\CE (a) Establishment ofProgram. Duringmanufacturing, proeessing, and use ofthe PMN substance at any site controlled bythe Company (including any associated packaging and storage and during any cleaning ormaintenance ofequipment associated withthe PMN substance), the Company must establish a program whereby:

### -11

-
(1) General Derrn,u Protection. Each person who is reasonably likely to be dennally exposed in the work area to the PMN substance through directhandling ofthe substance or through contact with equipment on which the substance may exist, or because the substance becomes airborne in a fonn listed in subparagraph (a)(5) ofthis section, is provided with, and is required to wear, personal protective equipment thatprovides a barrier to prevent dermal exposure to the substance in the specific work area where it is selected for use. Each such item ofpersonal protective equipment must 

### be seIectcq and used in accordance with Occupational Safety and Health Administration ("OSHA") dennal protection requirements at 29 CFR 1910.132, 1910.133, and 1910.138. (2) Specific Dennal Protective Equipment The dermal personaIproteetive equipment required by subparagraph 

### (aX!) ofthis section must include, butis not limited to, the following items; (i) Ansell NEOX style 9-912 gloves. (ii) Full body chemical protective clothing. (iii) Chemical goggles or equivalent eye protection. (iv) Clothingwhich covers any other exposed areas ofthe arms, legs and torso. (3) Demonstration ofhnperlliQusness. The Company is able to demonstrate that each item ofchemical protective clothing selected, including gloves,provides an impervious barrier 

### to prevent dermal exposure during normal and expected duration and conditions ofexposure within the work area bypemlcationtesting, as follows: (i) Permeation Testing. Testing thematerial used to make the chemical protective clothing and the construction ofthe clothing to establish that the protective clothingwill be- 12- impervious for the expected duration and conditions ofexposure. The testing must subject the chemical protective clothing to the expected conditions ofexposure, including the likely combinations ofchemical substances to which the clothing maybe exposed in the work area. Permeation testing shall be conducted according to the American Society for Testing and Materials ("ASTM") F739 "Standard Test Method for Resistanee ofProtective Clothing materials to Permeation by Liquids or .Gases." Results shall be recorded as a cumulative permeation rale as a function oftime, and shall be documented in accordance with ASTM F739 using the format specified in ASTM Fl194-99 "Guide for Documenting the Results ofChemical Permeation TestingonProtective Clothing Materials." Gloves may notbeused for a time period longer than they are actually tested and mustbereplaced at the end ofeach work shift during which they are exposed to the PM:l\ substance. (Permeation testing on Ansell NEOX style 9-912 gloves showed· the gloves to be impervious to the PMN substance for 110 minutes.} (4) Respiratory Protection. Each person who is reasonably likely to be exposed by inhalation inthe work area to thePMN substance in the form listed in subparagraph (a)(5) ofthis section, is provided with, and is required to wear, at**~minimum,** aNational Institute for Oeeupational Safety and Health (''NIOSH'').eertified respirator with anApplied Protection Factor ("APF") of50, from the respirators listed in subparagraph (a)(6) ofthis section, and the respirator is used in accordance with OSHA and NIOSH respiratory protection requirements at 29 CFR 1910.134 and 42 CFR Part 84. Allrespirators mustbe issued, used, and maintained aeeording to
an appropriate respiratory protectionprogram under the OSHA requirements in 29 CFR 1910.134. (5) phYsical States, The following physical states ofairborne chemical substances are listed for subparagraphs (a)(l) and (4) ofthis section:- 13

- (i) 

### Combination GaslVapor and Particulate (gas and liquid/solid physical states are both present; a good example is paint spray mist, which contains both liquid droplets and vapor). (6) 

### Authorized**R~spimtors.** 

### The following NIOSH-eertified respirators meet the minimum requirements for subparagraph (a)(4) ofthis section: (i) Combination GaslPartieulate, APF of50 (I) NIOSH-certified airpuri:£ying, tight-fitting full-face respirator equipped with the appropriate combination cartridges. Cartridges should be tested and approved for the gas/vapor substance (I.e., organic vapor, acid gas, or substance-specific cartridge) and should include a . particulate filter (.:'J100 ifoil aerosols arc ahsent, RIOO, orPlOO). (II) NIOSH-certified powered air-purifYing respirator equipped '>'Iith a tightfitting facepiece (full-fuce) and the appropriate combination cartridges. Cartridges shouldbe tested and approved for the gas/vapor substance (i.e., organic vapor, acid gas, or substance-specific cartridges) and should include HEP A filters. (III) NIOSH-certified supplied-air respirator operated in pressure demand or continuous flow mode and equipped with a tight-fitting face piece (full-face).



### NEW CHEMICAL EXPOSURE LIMIT (a)**A1t~ative** 

### to Requirements ofRespirator**Sec~on.** 

### (1 ) EPA recOlurnends and encourages the use ofpollution prevention, source reduction, engineering controls and work practices, rather 

### than respirators, as a means ofcontrolling inhalation exposures whenever practicable.

### •

- 14- (2) Whenever a person is reasonably likely to be exposed to the PMN substance by inhalation, as an alternative to compliance with the respirator requirements in the Prote('iion inthe Workplace section ofthis Order**~** the Companymay comply "lith the requirements ofthis New Chemical Exposure Limit section. However, before the Company may deviate from the respirator requirements in the Protection in the Workplace section ofthis Order, the COmpany must: (i) submit to EPA a copy ofthe Company's sampling and analytical method for the PMN substance, verified in accordance with subsection (cX3) ofthis New Chemical Exposure Limit section; 

### (il) obtain exposure monitoring results in accordanee with this New Chemical Exposure Limit section; and (iii) based onthose exposure monitoring results, select, provide, and ensure use if necessary ofthe appropriate respiratoryprotection specified inparagraph (e)(2) ofthis New C'hernicaI Exposure Limit section bypersons who are reasonably likelyto be exposed to the PMN substance by inhalation. (3) After appropriate respiratoryprotection has been selected at a workplace based on the results ofactual exposure monitoring conducted in accordance with this New Chemical Exposure Limit section, the Company shall not, at that workplace, use the respiratoryprotection required in the Protection in the Workplaee section ofthis Order (unless it is the same as required by.this New Chemical Exposure Limit se<-iion).

### - 15

- (b) Exposure Limit. (I) GeneraL The following new chemical exposure limit ("NCEL'') for the PMN substance is an interim level determined by EPA based onthe limited information available to the Agency at the time ofdevelopment ofthis Order. The NCEL for the PMN substance is as follows: (i) Time-Weighted A**vcrr~~:rW**

### A") Limit. 

### 1be Company shall ensure that no . person is exposed to an airborne concentration ofthe PMN substanCe in excess of 0.14 mg/m3 

### (the NCEL) as an 8-hour time-weighted average, without using arespirator in accOrdance with subsection (e) ofthis New Chemical Exposure Limit section
.

.(Ii) Non-8:Hom;: Work-shifts. For non-8-hourwork-shifts, the NCEL forlhal work-shift (NCELn) shall be detennined by the following equation: NCELn = 

### NCEL x (8/n) x [(24-n)!16], where n = 

### the nUmber ofhours 

### inthe actual work-shift. (2) Automatic Sunset. If, subsequent to 

### the effective date ofthis Order, OSHA promulgates, pursuant to 

### §6 ofthe Occupational Safety and Health Act, 29 U.S.c. 655, a final chemical-specific permissible exposure limit ("PEL") specifically applicable to this PMN substance and the OSHA PEL is not challenged 

### in court within 60 days ofits promulgation, then any respiratorrequirements in thc Protection in the Workplace section ofthis Order and any requirements ofthis New Chemical Exposure Limit section applicable to workers and situations subject to the OSHA PEL shall automatically become nuIl and void. However, the requirements of this Consent Order are not negated by any pre-existing OSHA PEL applicable to the PMN

. substance.•



### - 16- (c)**performanc_e-Cgteri~fi?!:_fulmpli.illLand** i\.llalytiCal Metho_th 

### (1) Applieability, For initial development and validation ofthe sampling and analytical method for the PMN substance, all the requirements ofthis subsection (e) apply. For subsequent exposure monitoring conducted pursuant 

### to subsection (d) ofthis New Chemical Exposure Limit section, only the following requirements apply; (c)(4)(i), (4)(ii), (4)(iv)(B), (4)(v)(B), (8), (9), and 

### (10). Any deviation from the requirements oftllis subsection (c) must be approved in writingby EPA. (2) Submission ofVerified Method and Certification Statement. The Company shall submit to EPA a copy ofa validated sampling and analytical method for the PMN substance wmch satisfies the criteria specified in this subsection (c). The method description shall expressly state how the method compares with each quantitative requirement specified in this subsection (c). The submission must include a written statement, signed by authorized officials ofboth the Company and the Laboratory, certifying the truth and aceuracy ofthe independent laboratory verification conducted pursuant to subsection (c)(3), To asslst EPA inidentifying the document, it shall state in a conspicuous, underlined subject-line at the top ofthe first page: ''NCEL Sampling and 

### Analvtical**M~thod** for PMN

### # P06-0702," (3) Verification ofAnalytical Methodby Independent Third-Party LaboratgIY, 

### (i) Yerification. 'The Company shall have an independentreference laboratory ("Laboratory") verifY the validity ofthe analytical method for the PMN substance, in accordance with the other requirements in this subsection (c)(3), It is the Company'sresponsibility to ensure that the Laboratory complies with all the requirements specified in this subsection (c)(3),- 17

- (ii) lndependent Reference LaboratQTh The independent reference laboratorymust be a separate and distinct person (as defined at 40 CPR 720.3(x» from the Company and from any other person who may have developed the method for the Company. (iii) Accreditation. The Laboratory mustbe aecreditedby a fonnally recognized government orprivate laboratory accreditation program for chemical testing and/or analysis. (iv) Good Laboratory Practice Standards. The Laboratory verification ofthe analytical method for the PMN substancemust comply with TSCA Good Laboratory Practice Standards ("GLPS") at 40 CPR Part 792. [

] However, compliance withTSCA GLPS is not required under this New Chemical ExposUre Limit sectionwhere the analytical method is verified by a laboratory accredited byeither: (A) the AmericanIndustrial Hygiene Association ("AlHA") lndustrial Hygiene Laboratory Accreditation Program ("llILAP"); or (B) another comparable program approved in advance in writing by EPA. (v) Analysis**ofDllPlicat~** Samples. Ibe Company shall collect six duplicate samples (a total of 12) at the TWA concentration. The samples shall betaken either from a

. controlled environment (e.g., a sealed chamber or "glove box") which closely resembles the actual

workplace conditions or, for solids and liquids with very low vapor pressure, by injecting the PMN substance onto a sample collection device. The duplicate samples shall be collected on identical collection media, at the same time, and under the same conditions. One set ofsix samples shall immediately be analyzed by the Company, the other set ofsix samples shall be analyzed by the

### - 18

- Laboratory using the method developed by orfor the Company, (vi)**Sampl~~tQJ:'age** i';tudy. Ifthe results ofthe analysis ofduplicate samples pursuant to paragraph (c)(3)(v) do not satisfy the requirements in paragraph (c)(3)(vii), the Companymust perform a sample storage study as follows: (I) Triplicate Samples. The Company shall collect six triplicate samples (a total of 18) at the TWA concentration. The samples shall be taken either from a controlled environment (e.g., a sealed chamber or "glovebox") which closely resembles the actual work;place conditions or, for solids and liquids with very low vapor pressure, by injecting the PMN substance onto a sample collection device. Thetriplicate samples shall be collected 011 identical collection media, at the same time, and under the same conditions. One set ofsix samples shall immediately be analyzed bythe·Company. (II) Analysis After Sample Storage, A sample storage evalUation shall be performed with the two remaining sets ofsix samples. Oneset ofsix samples shall be analyzed by the Laboratoryusing the method developed by or for the Company, andthe other shall be analyzed bythe Company onthe same day as the Laboratory analyzes its six samples, Specialized storage conditions for the samples including extraction conditions, time from sampling to extraction, time from collection or extraction (if applicable) to analysis and storage conditions mustbe specified in themethod description
.

. (vii) ComparisongfRe,mlt"" The differencebetween the results ofthe two sets of six samples analyzed by the Laboratory and the Company as required in either paragraph (c)(3)(v)
or (c)(3)(vi)(1I) shall be evaluated using a two-sample Hest with unequal variances, and the two sides ofthe critical regions shall not exceed a 5% significance leveL (See Attachment B

-

### - 19-
Statistical Analysis ofNCELs Amilytical Method Verification Results.) The arithmetic mean of each set ofsix samples must be within 10% ofthe overall arithmetic mean ofthe two sets of sample measurements. Ifthe arithmetic mean ofeach set ofsix samples is not within 10% ofthe overall arithmetic mean, then the sample storage time between collection and analysis must be reduced until the average ofeach set ofsix samples is within 10% ofthe overall arithmetic mean. (4) Accuracy. The sampling and analytical method must clearly demonstrate the following: (i) GeneraL The sampling and analytical method, and all exposuremonitoring data relied on bythe Company, shall be accurate to within ±25% at a 95% confidence level for concentrations ofthe PMN substance ranging from one halfthe NCEL to twice the NCEL (ii) NCEL QuantitationLimits
.. The analytical method should be capable of reliablyquantifYing thePMN substance across thefull range ofreasonably likely exposures. At a minimum, the analytieal method must be capable ofreliably quantifying. from a lovver quantitation limit ("LQL") ofone halfthe NCELto an upper quantitation limit ("UQL") ofat least twice the NCEL. Ifthe Company obtains an exposure monitoring sample that is more than 10% above the actual UQL oftheanalytieal method, the Company must comply with paragraph (e)(4)(i). (iii) Lower Quantitation Limit Signal-To-Noise Ratio. The analytical method shall be capable ofquantifYing the PMN to a concentration ofoue halfthe NCEL with a signal that is at least five times the baseline noise level. Baseline noise must be amplified to a measurable level when possible, even ifthe required amplification is beyondthat used in routine analysis of samples. (Ifbaseline noise cannot be obtained, another reference mustbe selected. This maybe a peak considered to be noise caused bythe reagent matrix.) The sampling preparation method must- 20-
be specified and the detection limit for the analytical procedure must be reported as mass per injection for chromatographic techniques. (iv) Instnlment Calibrll.tiollo 

### (1) Initial Calibration. Formethod development and validation (but not subsequent exposure monitoring), the initial calibration shall 

### at a minimum consist offive (5) '.
. calibration staildards with a linear correlation of0.95

-- these five (5) calibration standards must consist ofone standard at each ofthe following concentrations: one halfthe NCEL (0.5 x NCEL); between one halfand one times the NCEL (0.5 x NCEL

### < > 1 x NCEL); one times the NCEL (1 x NCEL); between one and two times the NCEL (1 x NCEL

### < > 2 x NCEL), and twicethe NCEL (2
x NCEL). (II) Continuing Calibration. During each week ofboth method development/validation and subsequent exposure monitoring, the Company shall conduct both an initial instrument calibration and a continuing calibration. The Company shall perform at least one continuing calibration sample atthe NCEL concentration, and at least one additional calibration sampleper every 10 samples analyzed. The continuing calibration sample shall fall within

# ±25% ofthe initial calibration value. 

### If not, then the initial calibration must berepeated, and any samples associated with that outlying calibration checkmust be re-analyzed. (v) Calculated Percent Recovery. 

### (1) Initial CalculaJion. Formethod development and validation, the Companymust calculate the percent ofthe PMN substance recovered bythe analYtical method from a sample contaiuing a known quantity ofthe PMN substance. The sample shall be taken either from a controlled environment (e.g., a sealed chamber or "glove box") which closely21

- resembles the actual workplace conditions or, for solids and liquids with velY low vaporpressure, byinjecting the PMN substance onto a sample collection device. (Such a sample isreferred to as a "matrix spike'). The calculated percent recovery for each matrix spike shall be greater than or equal to 75% and less 

### than or equal to 125%. Spike eoncentrations for the PMN substancemust be included in the sampling and analytical method submittedte EPA. (II) SUlJseguent Calculation. During each subsequent exposure monitoring episode or campaign, at least 1 matrix spike, prepared byinjecting the PMN substance onte a . sample collection device, shall be analyzed. (This matrix spikemustbeprepared at the NCEL concentration.) (vi) Sampling DeviceCapacity. The capacity ofthe sampling device mustbe tested and results reported to show under a kno\','Il and well-defined set ofconditions that the device is capable ofcollecting the new chemicalin solid, liquid or vapor phase withminimal loss. The sampling device's capacity (air voluille and collected analyte mass) must be specified. For methods that use adsorbent tubes as the eolleetion medium, evidence ofthe capacity mustbe provided in the form ofbreaklhrough testing. This testingmust be doric at a concentration twice the NCEL and under conditions similar te those expected rothe workplace. Breakthrough is defined to have occurred when the concentration ofthe PMN ollbstance inthe effluent stream is equal to 5% of

### the concentration ofthe influent stream, or when 20% ofthe PMN substance is detected in the backup section ofthe sampler. (vii) Sampling Deyice**Des~tion** Efficiency. ""'here applicable, the desorption efficiency mustbe evaluated for the air sampling device. A miuirnum ofsix air samples spiked 

### with the PMN' substance at least the NCEL concentration must be prepared. A recovery ofat least

### -22

- 75% must be obtained for each ofthe six samples. (5) l'.recision. The estimate ofthe coetIicient ofvariation ofeach set ofsix samples from the controlled atmosphere test (spiked at 

### LO NCEL, perparagraphs (c)(3)(v) or (vi» must beless than 0.105, including allowance of0.05 for error due to sampling. (6) Interpretation ofAccuracy and Precision Data. (i) Ifa single matrix spike recovery is less 

### than 75% recovery or greater 

### than 125%
or the estimated precision is greater than 0.105, then the Companymustre-prepare thematrix spike, re-sample, and re-analyze all samples associated with such matrix spike or triplicate samples. (ii) Forpercent recoveries less 

### than 90% but greater than 75%, correction fur low recovery is required. Correct forrecovery first bydividing the observed amo1ill( bythe proportion recovered before deteimining ifmeasurements fall below the NCEL. Forexample, ifthe observed level is 30 mg/m} and the percent recovery is 75%, use the value 30 mg/m3 /(0.75) = 40 mg/m 3 when determining whether the levels are below the exposure limit. (7) Representativeness. All sample conditions used to develop the methodology 

### sha1l mimic the actual workplace environment expected to be monitored. CAlnditions such as the temperature, hmnidity, lighting, and presence ofother chemicals, etc. must mimic the conditions in the workplace to bemonitored. (8) C'hanges Affecting Validity,. lfthe workplace environment changes from the initial conditions described in the verifled sampling and analytical method in a wayreasonably likely to invalidate the accuracy ofthe method, then the Companymust c{)mply with therespirator requirements in the Protection inthe Workplace section ofthis Order, unless the Company re### - 23-
validates the method to confirm thatthe requirements for accuracy and precision in paragraphs

. (c)(4) and (5) are met. Examples ofpos;;ible changes include but are npt limited to: introduction ofa new chemical substance to the workplace which mayinterfere with the analysis ofthe new chemical; introduction oflight to the workplace which may interlbre with a light-sensitive PMN substance; or introduction ofwateriincreased humidity to the workplacewhich could react with the P:r:.1N substance and cause difficulties in collection and analysis. (9) Comparability. All data and results shall be reported in thesame uriits ofmeasurement
as the NCEL. (10) Responsibilitv for Method Validity, The independent laboratory verification and EPA receipt ofthe sampling and analytical method pursuant to this subsection (c) do not ensure that the method will produce valid exposuremonitoring data. The Company isultimately responsible for ensuring the validity ofits exposure monitoring data.
(d) Monitoring Potential Exposurc, (1) General, 

### (i) Action Level. The "action level" is defined as an airbome concentration ofthe PMN substance, calculated as an 8-hour time-weighted average, equal to one halfthe NCEL TWA specified in subparagraph (b)(I). For non-8-hour work shifts, the action level is equal to one half the NCELn. (The NCELn is described in subparagraph (b Xl

### )(ii).) The Companymay.cxceed the action level withoutpenalty. Thepropose ofthe action level is solely to detennine the requisite monitoring frequency.> •



### - 24- (ii) Representative Exposure GrOJllli,. Whenever exposuremonitoring is required bythis New Chemical Exposure Limit section, the Company shall take**representativ~** samples of what the potential exposure ofeachpersonwho isreasonably likelyto be exposed to airborne concentrations ofthe PMN substance would beifrespirators were not worn. The Company shall do so by sampling the breathing zone air ofat least one person that represents, and does not lUlderestimate, the potential exposure ofeverypersonperforming the same or substantially similar operations in each work shift, 

### in eachjob classification, in each work area (hereinafter identified as
an "exposure group") where inhalation exposure to the PMN substance isreasonably likely to OCcur. The exposure ofeachpersonneed not beitselfdirectly sampled ifthaf exposure is represented by sampling the exposure ofanother person inthe same exposure group. (iii) Good Labor,ato!,), Practice**Standard~** Determinations ofpotential inhalation exposure shall be made according to TSCA Good Laboratory Practice Standards at 40 CPR Part 792 and the sampling 

### and analytical method developed pursuant to subsection (c) ofthis New Chemical Exposure Limit section. [Certainprovisions ofthe TSCA GLPS applicable to toxicity testing in laboratory animals, such as 40 CFR 792.43 ("Test system care flicilities"), 792.45 ("Test system supply facilities") and 792.90 ("Animal and other test systenicare"), are clearly inapplicable to the NCEL requirements.] However, compliance with TSCA GLPS is not required where exposure monitoring samples are analyzed by a laboratory accredited by either: (A) the American Industrial Hygiene Association ("AIHA") Industrial Hygiene LaboratoryAccreditation Program ("IHLAP"); or (B) another comparable program approved in advance in writing byEPA.

### - 25- (iv) !'llllShiftEXpgSUT_'<**SamjJI~s,** R«presentative 8-hour TWA airborne concentrations shall be determined on the basis ofsamples representing the full shift exposure for each exposure group. (2) lPitial Mo_nltoring. Before the Company may deviate from the respirator requirements ofthe Protection in the Workplace section, the Company shall conduct initial exposuremonitoring' to accurately determine the airborne concentration ofthe PMN substance for each exposure group in which persons are reasonablylikely to be exposed to the PMN substance. (3) Periodic Monitorin& (i) Ifany r«presentative samples taken during the initial exposure monitoring reveal
an airborne concentration at or above the action level but at orbelow the TWA, the Company shall r«peat the exposure monitoring for that exposure group at least every 6 months. Ifthe

## pM'-J substance is not manufactured, processed, or used at all during a given 6 month calendarperiod, the Company is not required to conduct exposure monitoring until manufacture, processing, or use ofthe P.MN substance is resumed. However, cessation ofmanufacturing, processingand use of the PMN substance for less thanthe 6 monthperiod does not constitute grounds for postponement ofthe 6 month deadline to conduct exposure monitoring. 

### Oi) Ifany representative samples taken during the initial exposure monitoring reveal an airborne concentration above the TWA, the Company shall repeat the exposure monitoring for that exposure group at least every 3 months. Ifthe PMN substance is not manufactured, processed, or used at all during a given 3 month calendar period, the Company is not required to conduct exposure monitoring until manufacture, processing, or use ofthe PMN substance is resumed. However, cessation ofmanufacturing, processing and use ofthe PMN

## , 

# .

- 26-
substance for less than the:3 monthperiod does not constitute grounds for postponement ofthe 3 month deadline to conduct exposure monitoring. (iii) 

### 1110 Company may alter the exposure monitoring schedule from every 

### 3 months to every 

### 6 months for any exposure group for whom two cousecutive measurements taken at least 

### 7 days apart indicate that thepotential exposure has decreased to the 

### 1WA orbelow, but is at 

### or above the action level. Wherethe PMN substance 

### is manufactured, processed, orused in
. batches ofduration less than 7 days, the 2 consecutive measurements maybe taken at least24 hours apart, provided that the measurements accurately reflect the highest peak exposures and variabilityin exposure. 

### (4) Termination ofMonltorin& (i) Ifrepresentative samples taken during the initial exposure monitoring reveal an airborne concentration below the action level, the Companymay'discontinue monitoring for that exposure group, except when additional exposure monitoring is required byparagraph (d)(5) of this Kew Chemical Exposure Limit section. (ii) Ifrepresentative samples taken**d~g** the periodic monitoring reveal that an airborne concentration, as indicated by at least

### 2 consecutive measurements taken at least

### 7 days apart, are below the action level, the Company may diseontinue the monitoring for that exposure. group, exeept when additional monitoring is required byparagraph (d)(5) 

### ofthis New Chemical Exposure Limit section. Where the PMN substance is manufactured, processed, oruscd 

### in batches ofduration less than 7 days, the 2 conseeutive measurements maybe taken at least 24 hours apart, provided that the measurements accuratelyreflect the highest peak exposures and variabilityin exposure.

### - 27- (5) Additional Monitoring, (i) For a previously monitored exposure group, the Company shall, within 7 days ofany ofthe events listed below in this paragraph (d)(5)(i), conduc1 the initial exposure monitoring followed by anyperiodie or additional exposure monitoring required by subsection (d) ofthis New Chemieal Exposure Limit section: (l) change in the production volume, process, eontrol equipment, personnel Or work practices that mayreasonably eause new or additional exposures to the PMN substance; 

### (11) spills, leaks, ruptures or other breakdowns occur that may reasonably
cause new or additional exposures to the PMN substance; and, (III) whenever else the Companyhas any reason to suspect a change that mayreasonably result in new Of additional exposures to the PMN substance. (li) In no event is the additional exposure monitoring requirement in paragraph (d)(5)(i) intended to delay implementation ofany necessary cleanup orotherremedial action. During any cleanup otremedial operations that may occurbefore commencing additional exposure monitoring, the Company shall enaure that potentially exposed persons use at least therespiratory protection specified in subsection (e) for the measured airborne concentration, or more protective respiratory equipment deemed appropriate bythe bestprofessionaljudgment ofa qualified expert. (6) Notification ofMonitoring**Re~ults.** (i) Within 15 working days after receipt ofthe results ofany exposure monitoring required by this Order, the Company shaH notifY each person whose exposure is represented by that monitoring. The notice shall identifY the NCEL, the exposure monitoring results, and any corresponding respiratory protection required by subsection (e). Affected persons shall be notified

### • 

### -28
in writing either individually or by posting the information in an appropriate and accessible location. (ii) Whenever the NCEL isexceeded, the written notification required bythe preceding paragraph shall describe the action being taken bythe Companyto reduce inhalation exposure to or below the NCEL, or shall refer to a document available 

### to the person which states the actions to be taken to reduce exposure. (7) Exemptionbased on Objective Data. Where the Company has documented and reliable objective data demonstrating that, even under worst-case conditions, employee exposure to the P:MN substance \\-ill not exceed the action Icvel (defined in paragraph (d)(l**lei»~** under the expected handling procedures and conditions for a specific "exposure group" (defined 

### inparagraph (d)(l)(ii», then that exposure group is exempt from 

### this New Chemical Exposure Limit section

, . . (exceptparagraph (d)(5) "Additional Monitoring" and subsection (f) "NCEL Record-keeping") and the respirator requirements 

### in the Protection in the Workplace section of

### this Order. Any**~uch** objective data must accurately characterize actual employee exposures 

### to the P:MN substance and must be obtained under conditions closelyresembling the types ofmaterials, processes, control methods, workpractices, and environmental conditions inthe Company's current workplace operations with the P:MN substance. Examples ofobjective data that maybe used to demonstrate that employee exposure will not exceed the action level, even under worst case conditions, include information on the physical and chemical properties oftheP:MN substance, industry-wide studies, and/or laboratory test results.- 29- (e) Respiratory Protectiolb (1) General. Wheneverthe Company has conducted exposure monitoring at a worlcplace in accordance with subsection (d) of

### this New Chemical Exposure Limit section and the measured airborne concentration ofthe PMN substance for any person who is reasonably likely to be exposed to the PMN substance by inhalation exceeds the NCEL, the Company shall provide those persons the respirators specifiedin this subsection (e) (rather thanthe respirator(s) identified in the Protection in the Workplace scction ofthis Order), and shall em.ure that the**re~;pirators** are used (including training, fit testing, and maintenance) in accordance with OSHA and NIOSH respiratory protection tequirements at 29 CFR 1910.134 and 42 CPR Part 84. Whenthe Company has not yet measured the airborne concentration ofthe PMN substance at a workplace 

### in accordance withthis New Chemical Exposure Limit section, thc Company shall comply with the respirator requirements in the Protcction inthe Worlcplace section ofthis Order at that workplace. (2) Selection ofAppropriate Respiratory Protection, After the Companyhas conduGied exposure monitoring in accordance with subsection (d) ofthis New Chemical Exposure Limit section, the Company shall select, provide, and ensure thatpersons who are reasonably likely to be exposed to the PMN substance by inhalation use, at a minimum, the respiratory protection which corresponds in the following table to the measured airborne concentration (or a more protective respirator which corresponds to a concentration higher than measured).

### - 30- NCELs RESPIRATORTABLES Measured Concentrations ofPMN Substance and 

### Corresponding Acceptable Respiratory Protection COMBINATION PARTIC'ULATE AND GAS/V APOR RESPIRATORTABLE
Measured Concentration ofPMN Substance ::; NCEL
::; 10 x NCEL

::;25 x NCEL Required Respiratory Protection**~** No respiratory protection is required. 

### I[Dqta on Cartridge Service Life Testing has been Reviewed andApproved by EPA:**~** NIOSH-ccrtified air-purifYing, tight-fitting full facepiece respirator equipped with the appropriate combination cartridges. Cartridges should be tested and approved for the gas/vapor substance (i.e., organic vapor, acid
. gas, or substance-specific cartridges) and should include a particulate filter (NIOO 

### ifoil aerosols are absent, RlOO, or PlOO).**~** NIOSH-ccrtified powered air-purifying respirator equipped With a loose fitting hood orhelmet and the appropriate combination cartridges. Cartridges should be tested and approved for the gas/vapor substance (i.e., organic vapor, acid gas, or substance-specific cartridges) and should include HEPA filters. 

### If No Cartridge Service Life Testing is

### Available:**~** NIOSH-certified supplied-air respirator operated inpressure demaud or 

### If Data on CartridgeService Life Test/nil has beenReviewedandApproyeq bvEPA;.**~** NIOSH-ccrtified air-purifying, tight-fitting full-face respirator equipped with the appropriate combination cartridges. Cartridges shouldbe tested and approved for the gas/vapor substance (i.e., organic vapor, acid gas, or substance-specific cartridges) and should include a particulate filter (NIOO if oil aerosols are absent, R 100, or PI00).**~** NIOSH-ccrtified powered air-purifYing respirator equipped with a loose fitting hood or helmet and the appropriate combination cartridges.**~50xNCEL ~2000xNCEL** 

> 

### 2000 x NCEL - 31

- Cartridges should be tested and approved for the gas/vapor substance (i.e., organic vapor, acid gas, or substance-specific cartridges) and should include HEPA filters. [[No Cartridge Jktyice Life restingis**Available~** I(Data on Cartridge Service Life Testinghas been Reviewed aJ.ldA12lZ!Pveci.**hlP4~** I- NIOSH-certified air-purifYing, tight-fitting fulHace respirator equipped with the appropriate combination cartridges. Cartridges should be tested and approved for the gas/vapor substance (i.e., organic vapor, acid gas, or substance-specific cartridges) and should include a particulate filter (NIOO if oil aerosols are absent, Rl00, orPI00).
If

No Cartridge Service Life Testing isAvailable:**~** NIOSH-certified supplied-air respirator operated inpressnre demand or other positive pressure mode and eqllipped with a tight-fitting full facepieee. I- Any self-contained respirator equipped with a'full facepiece and operated in a pressure demand or otherpositive pressure mode. I- Any supplied-airrespirator equipped with a full facepiece operated in a pressure demand or other positive pressnre mode in combination with an auxiliary seli;contained breathing apparatus operated in a p'ressnre demand or other positivepressnre mode. (3) Reductions 

### inRespiratorv Protection. After appropriate respiratoryprotection has been' selected based on thc results ofactual exposure monitoring conducted at a workplacein accordance with subsection (d) ofthis New Chemical Exposure Limit section, the Company shall not, at that workplace, use the respiratoryprotection required bythe Protection in the Workplace section ofthis Order (unless it is the same as required by this New Chemical Exposure Limit section). Before the Company maymake anyreduction in anyrespiratory protection selected

### - 32- pursuant to this New Chemical Exposure Limit section, the Company must verify, by2 consecutive measurements taken at least 7 days apart, thatthe new respiratoryprotection is appropriate in accordance with paragraph (e)(2). \'v'here the PMN substance is manufactured, processed, or used in batches ofduration less than 7 days, the 2 consecutive measurements maybe taken at least 24 hours apart, provided that the measurements aceurately reflect the highest peak exposures and variability in exposure. (4) Special Situations. (i) MeasllrCI)"leqts Outside Quantitation Limits. When a value less than the lower quantitation limit ("LQL") ofthe analytical method (as described inparagraph (c)(4)(ii» is measured, the Company shall estimate potential exposureusinggenerally established and accepted statistical methods. Ifthe C..ompany obtains an exposure monitoring sample that is rriore than 10% above the actual upper quantitation limit ("UQL") ofthe analytical method, the Companymust
ensure that its workers wear at least a NIOSH-certified supplied-air respirator operated inpressure demand or other positive pressure mode and eqnipped with a tight-fitting full fucepiece. Any reductions

# inthis respiratoryprotectionmust comply withparagraph (e)(3). The Company may submit an

### impro~ed analytieal method provided that it complies fully with subsection (c) ofthis New Chemical Exposure Limit seetion, including the verification required by subsection (c)(3). (ii) Cleanu1J 

# and RemedialActions. During any special cleanup or other remedial actions that may occur before commencing additional exposure monitoring (as discussed 

### in paragraph (d)(5)(ii», the Company shall ensure that potentially exposed persons usc at least the respiratory protection specified above in this subsection (e) for the measured airborne concentration, or more protectiverespiratory equipment deemed appropriate by the best- 33

- professionaljudgment ofa qualified expert.**(t)NCEL~Recordkeeping**.

. (1) Whenevcr the Company elects to comply with this New Chemical Exposure Limit sectionrather than the respirator requirements inthe Protection 

### in the Workplace section ofthis Order, the Company shall maintain the following records unti130 years after the date they are created, and shall make them available for inspection and copying by EPA in accordance with section 11 ofTSCA: ". (i) A copy ofthe sampling and analytical methods used and continuing evidence of their accuracy over time as required by section (c); (ii) Records documenting compliance with the analytical method verification requirements ofsuhsection (c)(3), including copies ofthe signed certification staternent 

### and the verificatioll results obtained by both laboratories; (iii) Records documenting either compliance with the Good Laboratory Practice Standards at 40 CFR Part 792, oruse ofa laboratory accredited bythe American Industrial Hygiene Association ("AIHA") or another comparableprogram approvedin advance 

### inwriting by EPA. Where the Company elects to not comply with TSCA GLPS, such records shall include the written accreditation from the AIHA or the written approval from EPA. (iv) Records documenting all exposure monitoring dates, duration, and w>ults of each sample taken;

### -34

- (v) Records documenting the name, address, work shift, job classification, and work area ofthe person monitored and ofall other persons whose exposures the monitorirg is intended to represent; (vi) Any conditions that might have affected the monitoring results; (vii) Notification ofexposure monitoring results required byparagraph (dX6); 

### (viii) Records documenting any changes inthe production, process, control
. equipment, personnel or work practices that mayreasonably cause new or additional exposures to the PMN substance; (ix) Records documenting any spills, leaks, ruptures or other breakdowns that may
canse new or additional exposure;

substance; (x) The type ofrespiratory protective devices wornby themonitored person, ifany; (xi) Records documenting any actions taken to mitigate exposures to the PMN
(xii) Records documenting reliance on the objective data exemption in paragraph (d)(7), including: (A) the source ofthe data, (B) protocols and results ofanyrelevant testing or analysis, (C) a description ofthe operation exempted and how the data demonstrate that employee exposures will not exceed the action level, 

### (0) other datarelevant to the operations, materials and employee exposures covered by the exemption.

HAZARD COMMUNICATION PROGRAM (a) Written Hazard Communication Program. The Company shall develop and implement a writtenhazard communication program for the PMN substance in eachworkplace. The 'WTItten

### -35
program will, at a minimum, describe how the requirements ofthis section for labels, MSDSs, and other forms ofwarning material will be satisfied. The Company must make the \>ntten hazard communication program available, upon request, to all employees, contractor employees, and their designated representatives. Tne Company mayrely on an existing hazard communication program, including an existing program established under the OSHA Hazard Communication Standard (29 CFR 1910.1200), to comply 'With this paragraph provided that the exi;Jting hazard communicationprogram satisfies therequirements ofthis section. Thewritten program shall include the following: (1) A 

### list ofchemical substances knownto be present in the work area which are subject to
a TSCA section 5(e) consent order signed by the Companyor to a TSCA section 5(a)(2) SNUR at 40 C.F.R Part 721, subpart E. The list must bemaintained in each work areawhere the PMN substance is known to be present and must use the identity provided on the MSDS for the substance required underparagraph (e) ofthis section, The list maybe compiled for the workplace
or for individual work areas. 

### Ifthe Company is required either by another Order issued under section See) ofTSCA, or by a TSeA section 5( a)(2) SNUR at 40 CFR Part 721, subpart E, to maintain a list ofsubstances, the lislq shall be combined with the listunder this subparagraph. (2) The methods the Company will 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 inunlabeled 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 offuis Order ifemployees ofthe contractor workin the Company's workplace and are reasonably likelyto be exposed to the PMN

### - 36-
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 ). (i) The label shall, at a minimum, containthe following information: (I) A statement ofthe health hazards(s) aud precautionary measure(s), if any, identified in paragraph 

### (1) ofthis section or bythe Company, for the PMN substance. (1I) The identity by which the PMN substance may be 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 precautionary rneasure(s), ifany, identified in paragraph 

### (1) ofthis section, orbythe Company, for the PMN substance. (ii) The Companymay use signs, placards, process sheets, batchtickets, operating procedures, or other such written matetials in lieu ofaffixing labels to individual stationary process containers, as long as the altemative method identifies the containers to which itis applicable and conveys information specified by subparagraph (b)(1 )(i) ofthis seetion. Any written materials must be readily accessible to the employees in their work areas throughout each work shift.

### - 37

- (iii) The Company need not label portable containers into which the PMN substance is transferred from labeled containers, and which are intended only for the immediate
use ofthe employee who performs the transfer. (iv) The Company shall notremove or deface an existing label on containers ofthe PMN substance obtained from persons outside the Companyunless the container is immediately re-Iabeled with the information'specified in subparagraph (b)(1)(i) oHms section. (2) The Company shall ensure that each container ofthe substance leaving its workplace for distribution in commerce is labeled in accordance with tbis subparagraph (b)(2). (i) 'The label shall, at a minimum, contain the following information: (I) The informationprescribed in subparagraph (b)(1)(i) oftbis 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 emergency procedures. (ii) The label shall not conflict with the requirements ofthe Hazardous Materials Transportation Act (lSU.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 ofwaruing, shall beprinted in English; however, the infOImation maybe repeated in other languages. (5) Ifthe label or alternative form ofwaming is to be applied to a mixture containing the PMN substance in combination with any other substance iliat 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

### - 38-
CFR Part 721, subpart E, or definen as a "hazardous chemical" underthe OSHA Hazard Communication Standard (29 CFR 1900.1200), the Company mayprescribe on the label, MSDS,
Of alternative form ofwarning, the measures to eontrol worker .exposure Of envirorunental release which the Company determines providethe greatest degree ofprotection. However, should these eontrol measures differ fromthe applicablemeasures required under this Order, the Companymust seck a determination ofequivalency for such alternative control measures pursuant to 40 CFR 721.30 beforeprescribingthem under this subparagraph (b)(5). (6) Ifthe Company becomes aware of any siguificant new information regarding the hazards ofthe Pl\1N substance or ways to protect against the hazards, this new information must be added to the label within 3 months from the time the Company becomes aware ofthe new information. Ifthe PMl'\[ substance is notbeing manUfactured, imported, processed, or used inthe Company's workplace, the Compaoy must add the new infonnation to the label befurethe PMN substance is reintroduced into the workplace.
(c) Material Safety Data Sheets.
. (I) The Company must obtain or develop an MSDS for the PMN substance. (2) The MSDS shall contain, at a minimum, the following information: (1) Thc 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 name is claimed eonfidential, a generic chenaical name must be used. (ii) Physical aod chemical characteristics ofthe substance knowu to the Company, (c.g., vapor pressurc, flash point).

### - 39- (iii) The physical hazards ofthe substanceknown to the Company, including the potential for fire, explosion, and reactivity. (iv) Thepotential human and environmental hazards as specified in paragraph (f) ofthis section. (v) Signs and symptoms ofexposure, and anymedical conditions which are expected to be aggravated by exposure to the PMN substance known to the Company. (vi) Theprimaryroutes ofexposure to the PMN substance. (vii) Precautionary measures to control worker exposure andlor environmental release required bythis Order, oraltetnative control measures which EPA has determined under 40 CPR 721.30 provide substantially the same degree ofprotection as the identified control measures. The MSDS must identify any New CheruicalExposure Limits specified 

### in paragraph (b) ofthe New Chemical.Exposure Limit section ofthis Order and must contain theinformation specified 

### in the graduated respirator table inparagraph (e)(2) ofthe New Chemical Exposure Limit section. (viii) Any generally applicable precautions for safe handling and use ofthePMN 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) 

### AllY generally applicable control measures which are known to the Company,. such as appropriate engineering controls, work practices, or personal protective equipment. (x) Emergency [ust aid procedures knownto the Company. (xi) The date ofpreparation ofthe MSDS or ofits last revision. (xii) The name, address, and telephone number ofthe Company or another

### - 40- responsible party who canprovide additional infomlation on the chemical substance and any appropriate emergencyprocedures. (3) Ifno relevant information is found orknown for any given category on the MSDS, the Company must mark the MSDS to indicate that no applicable information was found
.

. (4) Where muliiple mixtures containing the PMN substance have similar compositions (i.e., the chemical ingredients are essentially the same, butthe specific composition varies from mixtureto mixture) and similar hazards, the Company mayprepare oneMSDS to apply to all of these multiple mixtures. (5) Ifthe Companybecomes aware of any significant new infonnationregarding the hazards ofthe PMN substance or·ways to protcct against the hazards, this new informationmustbe added to the MSDS within 3 months from the timethe Companybecomes aware ofthe new infurmation. Ifthe PMN substance is not beingmanufactured, imported, processed, orused in the Company's workplace, the Company must add the new information to the MSDS before the PJI,fN substance is reintroduced into the workplace. (6) The Company must ensure that persons receiving the PMN substance from the Company areprovided an appropriateMSDS with their 

### initial shipment andwiththe first shipment after an MSDS is revised. The Company may eitherprovide the MSDS with the shipped containers or send it to theperson prior to or at the time ofshipment. (7) The Companymust maintain a copy ofthe MSDS inits workplace, and must ensure that it is readily accessible during each work shift to employees when they arein their work areas. (8) The MSDS may be kept in any form, including as operating procedures, and maybe designed to cover groups ofsubstances in a work area where 

### itmay 

### be more appropriate to address- 41

- the potential hazards ofa process ratherthan individual substances. However, in all cases, the required information must be provided for the 

### PMN substance and 

### mustbe readily accessible during each work shift to employees when they are in their work areas. (9) The MSDS must be printed in English; however, theinformation maybe repeated in otherlanguages.
(d) Employee Information_and Training, The Companymust ensure that employees are provided with information and training onthe PMN substance. This information and training must be provided at ilie 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 flrst time
.



### . (l) The information provided to employees under this paragraph shall include: (i) The requirements ofthis section: (it) Any operations in the work area where the PMN substance ispresent. 

### (iii) Thelocation and availability ofthe written hazard conununication program required under paragraph (a) ofthis section, including the list ofsubstanees required by subparagraph (a)(1) ofthis section and MSDSs required byparagraph (c) ofthis section. (2) The traiuing providedto employees shall include: 

### (i) Methods and observations that may beused to detect the presence or release of the 

### PMN substance in or from an employee's work area (such as exposure monitoring condncted bythe Company, continuous monitoring devices, visual appearance, orodor ofthe substance when beingreleased).

### - 42- (ii) Thepotential humanhealth and enviroumental hazards ofthe PMN substance
as specified in paragraph 

### (f) 0 

### f this section. (iii) The measures employees can take to protect themselves and the enviroument from the PMN substance, including specificprocedures the Company has implemented to protect employees and the environment from exposure to the PMN substance, including appropriate work practices, emergencyprocedures, personal protective equipmetlt, engineering.controls, and other
measures to control worker exposure and/or environmental release required under this Order, or alternative control measures which EPAhas determined urider 40 CPR 721.30 provide the same degree ofproteetion as the specified control measures. (iv) The requirements ofthe hazard communication programdeveloped bythe Company under this section, including an explanation ofthe labeling system and the MSDS required bythis section and guidance on obtaining and using appropriate hazard information.
{e) Existing Hazard CommunicationProgram. The Companyneed not takeadditional actions if existingprograms and procedureS satisfy therequirements ofthis section.


### (1) Human Health, Environmental Hazard, R'<posure, and Precautionary Statements. The followinghuman health and environmental hazard and precautionary statements shall appearon each label as specified in paragraph 

### (b) and the MSDS as specified in paragraph (e) ofthis section: (1) Humanhealth hazard staterrients. This substance may cause: (i) skin irritation. (ii) respiratory complications.

### - 43- (iii) internal organ effects. (2) Human hazard precautionary statements. When using this substance: (i) avoid skin contact. (ii) avoid breathingthe substance. (iii) avoid ingestion. (iv) use respiratory protection, ormaintain workplace airborne concentrations at or below an 8-hour time-weighted average of 0.14 mg/m'. (v) use skinprotection. (3) Environmental hazard statements. This substance may be: (i) toxic to fish. (ii) toxic to aquatic organisms. (4) Environmental hazard precautionary statements. Notice to users: (1) do not release to water (5) The human and environmental hazard and precautionary statement on the label prepared pursuant to paragraph 

### (b) ofthis section mustbefollowed bythe statement: "See the MSDS for details."

MANUFACTURING 

### (a)(l) Prohibition, The Company shall not cause, encourage, or suggest the manufacture or import ofthe PMN substance by any other person. (2) Sunset Following SNVR. Subparagraph (a)(l) shall expire75 days after promulgation ofa final significant new use rule ("S1'. 

### uRn) governing the PMN substance under section 5(a)(2)- 44-
ofTSCA unless the Company is notified on or before that day ofan action in a Federal Court seekingjudicial review ofthe**S"NG~.** Ifthe Companyis so notified, subparagraph (a)(l) shall not expire until EPA notifies the Companyin writing thaI all Federal Court aetions involving the SNUR have been resolved and the validity ofthe SNUR affirmed. (3) Notice ofSNUR. 'V\'hen EPA promulgates a fmal SNUR for the PMN substance and subparagraph (a)(I) expires in accordance with subparagraph (a)(2), the Company shall notifY each person whom it causes, encourages or suggests to manufacture orimport the PMN substance ofthe existence ofthe SNlJR.



### DISTRIBUTION
(a) Export Notice Requirement. Prior to the date ofdistribution, the Company shall notifY 

### in writing anypersonto whom it distributes the PMN substancethat, due to the issuance ofthis
. Consent Order under sec;tion 5(e) ofTSCA, the PMN substance is subject to the export notification requirements ofTSCA section 12(b) and 40 CFR Part 707 Subpart D. Such notice shall contain, in the form 

### in which it appears in this Consent Order, the following information: 

### (I) the PMN number, and (2) either (A) the specifie chemical identity ofthe PMN substance, or (B) ifthe ;;pecific chemical identity is confidential, the generic chemical identity.
(b) Distribution Requirements. Except after the PMN has been completely reacted or cured, or as provided in paragraph (b), the Company shall distribute the PMN substance outside the Company, other than for disposal, only to a person who has agreed 

### in writingprior to the date ofdistribution,

### - 45-
to: (1) Not further distribute the PJI,1N substance to any other person, other than for disposal, until afterthe P)I.1N substance has been completely reacted (cured) (2) Comply with the same requirements and restrictions, ifany, required ofthe Company in the.Protection in the Workplace and the New ChemieaI EXPO;UfC Limit sections ofthis Order. (3) Comply with the same requirements and restrictions, ifany, required ofthe Company .in the Hazard Communication Program section oftlris 

### Order. (4) Comply with the same environmental releaserestrictions, 

### if any, required ofthe Company in the Disposal and Release to Water sections ofthis Order.
(c) Temporary Transport and Storage. Notwithstanding paragraph 

### (b), the Company may distribute the P)I.1N substance**out~ide** 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: (I) Subsequent to any sueh exempt temporarytransport orstorage of sealed containers, the Pl\1N substance may bedistributed only to the Company or a person who has given the Company the written agreementreqllired by paragraph (a). (2) Any human exposure or environmental releaseresulting from opening the sealed containers and removing or Waslrillg out the P)I.1N substance may occur only while the Pl'vtN substance is in the possession and control ofthe Companyor a person who has given the Company the written agreement required by paragraph (a).46

- (d) Recipient**Non:~ol!lpliance.** If, at any time after commencing distribution in commerce ofthe**P~1N** substance, the Company obtains knowledge that a recipient ofthe substance has failed to comply with any ofthe conditions specified inparagraph (a) ofthis Distribution section or, after paragraph (a)(l) expireS in accmdancewith subparagraph (d)(l), has engaged 

### in a significant new
use ofthe

### p~ substance (as defined in 40 CFR

# Part 721, Subpart E) wilhout submitting a significant new use notice to EPA, the Company shall cease supplying the substance to that recipient, unless the Company isableto docliment each ofthe following: (I) That the Company has, within 5 workingdays, notified the recipient in writing that the recipient has failed to comply with any ofthe conditions specified in paragraph (a) ofthis Distribution section, orhas engaged in a significant new use ofthePMN substance without submitting a significant new use notice to EPA. (2) That, within 15 working days ofnotifying the recipient ofthenoncompliance, the Companyreceived from the recipient, in writing, a statement ofassurance that the recipient is
aware ofthe terms ofparagraph (a) of

### this Distribution section and will comply with those terms, . or is aware ofthe terms ofthe significant new use rule for the PMN substance and willnot 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 (c)(2) ofthis Distribution section, the Companyobtains knowledge that the recipient has failed to comply with any ofthe conditions specified 

### inparagraph (a) ofthis Distribution section, orhas engaged in
a significant new use ofthe 

### PMN substance without submitting a significant new use notice to 

### EPA, the Company shall cease supplying the 

### PMN substance to thatrecipient, shall notify 

### EPA of the failure to comply, and shall resume supplying the PJ'vIN substance to 

### that recipient only upon

### •

- 47-
written notification from the Agency.**(e)~unsetfolloJ'iing** SNUR, 

### (1) Paragraph (a)(l) ofthis Distribution section shall expire 75 days after promulgation ofa final SNUR for the PlvrN substance under section 5(a)(2) ofTSCA, unless the Company is notified on or beforethat day ofan actionin a Federal Court seekingjudicial

.reviewofthe SNUR. lfthe Companyis so notified, paragraph (a)(l) ofthis 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 ofthe SNUR affirmed. (2) When EPA promulgates a final SNUR for the PlvfN substance andparagraph (a)(I) of this Distribution section expires in accordance with subparagraph (d)(l),the Company shall notify each person to whom it distributes the PMN substance ofthe existence ofthe·SNuR. Such notifieation mustbe in writing and must specifically include all limitations contained in the Sl\TUR 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 Sl\TUR and expiration ofsubparagraph (a)(I), such notiecmay substitute for the written agreement required in the introductory clause ofparagraph (a); so that, ifthe Companyprovides such notice 

### to the persons to whom it distributes the PMN substance, then the Company is not required to obtain from such persons the written agreement specified inparagraph (a).

### - 48-

(a) This provision does not supersede orpreempt any applicable federal, state, and local laws and regulations. (Those other laws maybemore stringent than the requirements below.) The Company is prohibited. from anypredictable or purposeful release ofthe 

### P:MN substance, or any waste stream from manufacturing/processing/use containing the PMN substance: 

### (1) Into the waters ofthe United States.



## m.**ru;CORDKl<~EPING** (a) Reco!9l1., The Company shall maintain the following records until 5 years after the date they
are created and shall make them available fur inspection and copyingbyEPA in accordance with section 11 ofTSCA: (I)**Exemptio~.** Records documenting that the PMN substance did in fact qualifY for any
one or more ofthe exemptions described in Section 

### J, Paragraph (b) ofthis Order. Such records must satisfY all the statutory 

### and regulatory recordkeepingrequirements applicable to the exemption being claimed bythe Company. Any amounts or batches ofthe PMN substance eligible for the Export exemption in Section 

### J, Paragraph (b)(3) ofthis Order are exempt from all the requirements in this Recordkeeping section, ifthe Companymaintains, 

### tor 5 years from the date oftheir creation, copies of the export label and export notice to EPA, required byTSCA sections 12(a)(1)(B) and 12(b), respectively. Any amounts orbatches ofthePMN 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 Company maintains, for 5 years from the date oftheir creation, the records required by40 CFR 720.78(b). For any

### -49-

amounts or batches ofthe PfvlN substance claimed to be eligtble for any other exemption described in Section 

## r, Paragraph 

### (b) ofthis Order, the Company shall keep records demonstrating qualification fur that exemption as well as the records specified in paragraphs (2) and (3) below, but is exempt from the otherrecordkeepingrequirements 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 tbe 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 or transferred on such date; (4) Records documenting the address ofall sites ofmanufacture, import, processing, and use; (5) Records documenting establishmentand implementation ofa program for the use of any applicable personal protective equipment required pursuant to the Protection in the Workplace section ofthls Order; (6) Records documenting the determinations required by the Protection inthe Wod-place section ofthls Order that chemical protective clothing is impervious to the PMN substance; (7) Records required by paragraph 

### (t). ofthe New Chemical Exposure Limits section of this Order, 

### ifapplicable; (8) Records documenting establishment and implementation ofthe hazard communication program required by the Hazard CommunicationProgram seetion ofthis Order; (9) Copies oflabels required under the Hazard Communication Program section ofthis

### - 50- Order; (1O) Copies ofMaterial Safety Data Sheets required bythe Hazard Conunurucation Program section ofthis Order; (11) Records documenting compliance ',vith any applicable manufacturing, processing, use, and distribution restrictions in the Manufacturing and Distribution sections ofthis Order, ' including distributees' written agreement to comply with the Distribution section ofthis Order; (12) Records documenting compliance 

### with any applicable disposal requirements under the Disposal section ofthis Order, including method ofdisposal, location ofdisposal sites, dates of disposal, and volume ofPMN substance disposed. Where the estimated disposal volume is not known to the Company and is not reasonably ascertainable bythe Company, the Company must maintain other records which demonstrate establishmentand implementation ofa program that
ensures compliance with any applicable disposal requirements; (13) Records documenting establishment and implementation ofprocedures that ensure compliance with any applicable water discharge limitationin the Release to Water section ofthis Order; (14) Copies ofany Transfer Docmnents and noticesrequired bythe Successor Liability section ofthis Order, ifapplicable; and (15) The Company shall keep a copy ofthis Order at cach 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- 51

- Company's customers.
(c) OMB Control N1J1l1jJer. Under the Paperwork Reduction Act and 

### its regulations at 5 CFR Part 1320, particularly 5 CFR 1320.5(b), the Companyis 110trequired to respond to this "collection of information" unless tllis Order displays a currentlyvalid control number from the Office of Management and Budget ("OMB"), and EPA 

### so infonns the Company. The "collection of information" required in 

### this TSCA §5(c) Consent Order has been approvedunder currently valid 

### OMB Control Number 

### 2070-0012.

IV. REOUESTS FOR PRE-INSPECTIONINFORMATiON (a) EPA's Request for Informatio:q. Pursuant to seetion 11 ofTSCA and 40 CFR 720,122, EPA may occasionally conduct on-site complianceinspections ofCompanyfacilities and conveyd.llccs associated with the PMN substance. To faciHtate such inspectionS, 

### EPApersonnel

### fi:iay contacttile Companyin advance to request information pertinent to the scheduling and conduct ofsuch inspections. Suchrequests may be written Of oral. Thetypes ofinformation that EPA mayrequest include, but are not limited to, the following: (i) Expeeted dates and times wheo the PMN substance will be 

### inproduction within the subsequeot 12 months; (ii) Current workshift schedules tor workers who are involved in aetivities associated with the PMN substanee and may reasonablybe exposed to thePMN substance; (iii) Currentjob titles or categories for workers who are involved in activities associated with the PMN substance and mayreasonablybe exposed to thePMl'< substance;

### - 52- (iv) Existing exposure monitoring data for workers who are involved in activities associated with the 

### PMN substance and mayreasonablybe exposed to the 

### PlvlN substance; (v) Records required by the Recordkeeping section ofthis Order; and/or (vi) Any other information reasonablyrelated to determining complianceWith this Order
orconducting an inspection for thatpurpose.
(h) Companv's Response
.. The Companyshall respond to such requc&1:s within a reasonable period oftime, butinno event later than 

### 30 days after receiving EPA's request When requested 

### in writing byEPA, the Company's response shall be in writing. To the extent the information is known to orreasonably ascertainable to the Company at the tillle of

### the request, the Company's response shall demonstrate a good faith effortto provide reasonably accurate and detailed answers

.to 

### all ofEPA'srequests.

(e) Confidential Business Jnfonnaiio

### n. Any Confidential Business Information ("CBI") that the Company submits to EPA pursuantto paragraph (h) shallbe protected 

### hi. accordance with 

### §

### 14 of. TSCA and 

### 40 CFR Part 

### 2.



### V. SUCCESSOR LIABILITY 

### UPON TRANSFER OF CONSENT ORDER (a) Scope. This section sets forth the procedures bywhich the Company's rights and obligations under this Order may be transferred when the Company transfers 

### its interests in the PMN substance, including the right to manufacture the 

### PMN substance, 

### to another person outside the Company (the "Successor in Interest").

### ·53

-

(b) Relation ofTransfer Date to Notice ofCommencement ("NOG"1 (!) ):le{ore N9C. Ifthe transfer from the Company to the Successorin Interest is effective before EPAreceives 

### a notice 

### ofcommencement ofmanufacture orimport ("NOC") for the PMN substance from the Companypursuant to 40 CFR 720.102, the Successor in Interest must submit 

### a
new PMNto EPA and comply fully with Section 5(a)(1) ofTSCA and 40 CFRpart 720 before commencing manufacture or import ofthe PMN substance. (2) After NOC. Ifthe transfer from the Company to the Successor in Interest is effective after EPA receives a NOC, the Successorin Interest shall comply withthe terms ofthis Order and shall not berequired to submit a new PMN to EPA
(c) Definitions. The following defmitions apply to this Successor Liability section ofthe Order: 

### (1) "Successor in Interest" means a person outside the Company who has acquired the Company's full interest in the rights to manufacture the 

### PMN substance, including all ownership rights and legal liabilities, through a transfer document signed bythe Company, as transferor, 

### and the Successor in Interest, as transferee. The term excludespersons who acquire less than thefuJJ interest ofthe Companyin the 

### PMN substance, such as a licensec who has acquired a limited license to the patent ormanufacturing rights associated with the PMN substance. A Successorin Interest must be incorporated, licensed, or doing business 

### in the United States in acccrdance with 40 CFR 720.22(a)(3). (2) "Transfer Document" means the legal instrument(s) used to convey the interests in the P!l1N substance, including the right to manufacture the PMN substance, from the Compaoyto the- 54-
Successor in Interest.
(d) Notices. 

### (I) Notice to Successor in Interest. On orbefore the effective date ofthe transfer,the Company shall provide to the Successorin' Interest, byregistered mail, a copy ofthe Consent Order and the "Notice ofTransfer" document which is incorporated byreference as Attachment C to this Order. (2) Notice to EPA. Within 10 business days ofthe effective date ofthe transfer, the Company shall, byregistered mail, submit the fully executed Notice ofTransfer document to: U.S. Environmental Protection Agency, New Chemicals Branch (7405), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460. (3) Transfer Document. Copies ofthe Transfer Documentmustbe maintained bythe Successor in Interest at its principalplace ofbusiness, and at all siteswhere the PMN substance is manufactured or imported. Copies ofthcTransfer Documentmust 

### also be made available fur inspection pursuant to Section 11 ofTSCA, must statc the effective dateoftransfer, and must contain provisions whichexpresslytransfer liabilityfor the PMNsubstanceunder the terms ofthis Order from the Companyto the Suecessor in Interest.
.
(e) Liability, (1) The Company shall be liable for compliance with the requirements ofthis Order until the effective date ofthe transfer described above. (2) The Successor in Interest shall beliable for compliance with the requirements ofthis

### - 55-
Order effective as ofthe date oftransfer. (3) Nothing 

### inthis section shall be construed to prohibit the Agencyfrom taking enforcement action" against the Company after the effective date ofthe transfer**fo~** actions taken, or omissions made, during the time in which the Companymanufdctured, processed, used, distributed in commerce, or disposed ofthe PMN substance pursuantto the temas ofthis Consent Order.


### (f) Obligationsto :;!ublllit Test Dataunde;r Cgnsent Order. Ifparagraph (d) ofthe Testing section ofthis Consent Order requires the Companyto submit test data to EPA at a specified production volume ("test trigger"), the aggregate volume ofthe PMN substance manufactured and imported by the Company up 

### to the date oftransfer shall count towards the test trigger applicable to the Successor 

### inInterest

### - 56-


### VI. MODIFICATION At'lD REVOCATION OF CONSENT ORDER

.The Company maypetition EPAat any time, based upon new information on the health effects of, or human exposure to, the PMN substance, to modifY orrevoke substantiveprovisions ofthis Order. The exposures and risks identified by EPA during its review ofthe PMN substance and the information EPA determined to be necessary to evaJuate those exposures and risks arc described in the preamble to this Order. However, in detennining whether to amend or revoke this Order, EPA will consider all relevant information available at the time the Agency makes that detennination, including, where appropriate, anyreassessment ofthetest data or other information that supports the findings in this Order, an examination 

### Ofnew test data or other information or analysis, and any other relevant infurmation
.

. EPA 

### will issue a modification orrevocation 

### ifEPA detennines that the activities proposed therein will not present an unreasonable risk ofinjury to health or the environment and 

### will not result in significant or substantial human exposure or substantial environmental release 

### ill the absence ofdata sufficient to pennit a reasoned evaluation ofthehealth or environmental effects of the PMN substance. 

### In addition, the CompanymaypetitiOn EPA at anytime to make other modifications 

### to the language ofthis Order. EPA 

### will issue such a modification 

### iiEP A determines that the modification is useful, appropriate, and consistent with the strut-we and intent ofthis Order as issued.

### - 57- VII, EFFECT 01<" 

### CONSENT ORDER 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 Order no later 

### than 45 days before the end ofthe review period pursuant to section 5(e)(1)(B) ofTSCA, and to challenge the validity ofthis Order in any subsequent action. Consenting to the entry of

### this Order, and agreeing to be bound by its terms, does 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 Companymayhave underT



### Title: Company:ATTACHME1W A DEFINITIONS 

### {Note: The attached Order maynotcontain some a/the terms defined below.] "Chemical name" means the scientific designationofa chemical substance in accordance
. with the nomenclature system developed by the International Union ofPure and Applied Chemistry or the Chemical**Abstract~** Service's rules ofnomenclature, or a name which will clearly identifY.a chemical substance for the purpose ofconducting a hazard evaluation. "Chemical protective clotlring" means items ofclothiIig that provide a protective barrier to

. prevent dermal contact ,vith chemical substances ofconcem. Examples can include, but are not

limited to: full bodyprotective clothing, boots, coveralls, gloves,jackets, andpants. "Company" means the person orpersons subject to this Order. "Commercial use" means the use ofa chemical substance or any mixture containing the chemical substance in a commercial enterprise providing saleable goods or a service to consumers (e.g., a commercial dry cleaning establisInnent orpainting contraCtor). "Common name" means any designation or identification such as codename, code number, trade name, brand name, orgeneric chemical nameused to identifY a chemical substance other than by its chemical name. . "Consumer" means a private individual who uses a chemical substance or anyproduct containingthe chemical substance in or around a permanent or temporaryhousehold orresidence, during recreation, orfor any personal use or enjoyment. "Consumerproduct" means a chemical substancethat is directly, or as part ofa mixture, s.old.or. made available to consumers for their use in or aronnd a permanent or temporary household orresidence, in or around a school,or inrecreation. "Container" means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous cht:mical. Forpurposes ofthis section, pipes orpiping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers. "Contract Manufac:turer" means a person, outsidethe Company, who is authorized to manufacture and import the PJ\,1N substance under the conditions specified in Part 11. of this Consent Order and in the Consent Order for Contract :Vlanufacturer. "Identity" means any chemical or common nameused toidentifY a chemical substance or a mixture containing that substance.

### 2
"Immediate use." A chemical substance is for the "immediate use" of a person ifit is.under the control of, and used onlyby, the person who transferred it from a labeled container and will only be used by thatperson within the work shift in which it is transferred from the labeled container. "Impervious." Chemical protective clothing is "impervious" to a chemical substance ifthe substance causes no chemical ormechamcal degradation, permeation, orpenetration ofthe chemical protective clothing under the conditions of, and the duration of, exposure. "Manufacturing stream" means all reasonably anticipated transfer, flow, or disposal ofa chemical substance, regardless ofphysical state or concentration, through all intended operations ofmanufacture, including the cleaning ofequipment. "MSDS" means material safety data sheet, the written listing ofdata for the chemical substance.
. "NIOSH" means the National Institute for Occupational Safety and Health ofthe U.S. Department ofHealth and Human Services. "Non-enclosed process" means any equipment system (such as an open-top reactor, storage tank, or mixing vessel) in which a cherliical substance is manufactured, processed, or otherwise used where significant direct contact ofthe bulk chemieal substance andtheworkplace 

### air may occur. "Non-industrial use" means use other than at a facility where chemical substances or mixtures are manufactured, imported, orprocessed. "PMN substance" means the chemical substance described in the Prernanufacture notice subrliitted bythe Company relevant to this Order. "Personal protective equipment" means any chemical protective clbthing ordeviceplaced on thebody to prevent contact with, and exposure to, an identified chemical substance or substances in the work area:. Examples include, but are not limited to, cherliieal protective clothing, aprons, hoods, cherliic.a1 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, ordisposal ofa chemical substancc, regardless ofphysical state or concentration, through 

### all intended operations of processing, including the cleaning ofequipment. "Scientificallyinvalid" 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 ofthe healthor environmental effects ofthe Pt,1N substance.3 "Scientifically equivocal data" means data which, although developed in apparent confonnity with the Good Laboratory Practice Standards and EPA-approved protocols, are inconclusive, internally inconsistent, or otherwise insufficient to pennit a reasoned evaluation of thepotential risk ofinjury to human healthm the environment ofthe PMN substance. "Sealed container" means a closed containerthat is physically and chemically suitable for long-tenn containment ofthe PMN substance, and from whichthere will beno human exposure to, or 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 aU intended operations of industrial, commercial, or consumeruse. "Waters ofthe United States" has the meaning set forth in40 CJ?R 122.2. "Work area" means a room or defined space in a workplace where the PMN substance is manufuctured, processed, orused and where employees are present. "Workplace"means an establishment at one geographic location containing one or more work areas.ATTACHMENT B 

### STATISTICMJ ANALYSIS OF 

### NCELs ANALYTICAL METHOD VERIFICATION RESULTS 

### This Attachment describes the statistical teclmique (with examples) for comparing lhe analytical results obtained bytwo laboratories pursuant to paragraph (c)(3)(vii) ofthe New Chemical Exposure Limit section ofthis Order. STATISTICAL TECHNIQUE 

### To obtain two-sample t 

### test withunequal variances, perfonn lhe following operations:
• Compute means ofthe data measured bytwo laboratories.
• Compute mean squares
2 .- 2
. Sj 

### = L:(Xij - Xi) I(ni -1), 

### 1=1, 2


### • Fonn the ratio

• Compute degrees offreedom

where,

- 

### Xl Average ofthe results from the company laboratory



### - X2 

### Average oflheresults from the independent laboratory nl = 

### Number ofsamples analyzed by the company laboratory n2 = 

### Number ofsamples analyzed bythe independent laboratory.2 Then compare the absolute value ofTto the 97.5 percentile point ofa t distribution with f degrees offreedom. Ifthe absolute value exceeds the 97.5 percentilepoint, the results measured by two laboratories are significantlydifferent at 

### 95% level. Otherwise, they are not significantly different. In general, f maynot be 

### an integer. Use interpolation to obtain the 97.5 percentile point ofa t distribution with f degrees offreedom
..

EXAMPLES -. The following examples (based on simulated data) illustrate the method: Example 

### 1

Xl = 83.30 nl 

### =6 Data Set 

### 1 80.56 100.01

86.04 52.61 84.85 

### 95.75

Absolute value ofT = 2.467 X2 = 100.40 

# sl = 9.26 

### f= 5.33 97.11 102.13

99.83 97.83 105.44 100.D4

The t table shows that the 97.5 percentilepoint is 2.571 and 2.447 for 5 and 6 degrees of freedom, respectively. For 

### 5.33 degrees offreedom, the 97.5 percentile point will be approximately

### 2.530 which is greater than the absolute value ofT, 2.467. Hence, the means of two data sets are not significantlydiffereJ;lt at the 5% level. However, ifthis problemhad been treated as an ordinary two-sample1 test, the means would be significantly different at the 5% level becauBe the absolute ofT

### is greater than 2.228, the 97.5 percentile point for the t distribution with 10 degrees offreedom. Example 2
82.87 

### 101.85

87.44 99.68 101.15

99.21 . Dajll. Set 2 108.05

96.51 

### 100,04 104.33 

### 110.32 107.003

..

### - Xl =9537 nl 6 

# si= 27.25 Absolute value ofT 2.290 f=8.54 Thet table shows that for 8 and 9 degrees offreedom the 97.5 percentile point is 2.306 and 2.262, respectively. For 8.54 degrees offreedom the 97.5 percentilepoint will be approximately 2.282 which is less 

### than the absolute value ofT, 2.290. Hence, the means oftwo data sets are significantly different at the 5% level.Company (Transferor) ATTACHMENT C NOTICE OF TRA.NSFER OF TOXIC SUBSTA..NCES COl'il'ROL ACT SECTION See) CONSENT ORDER

PMNNumber
1. Transfer ofMaQufacture Rights. Effective on __**.~.**__ ....-J the Company did sell or otherwise transfer to _**.~**____ . __ ....**~_..** ; ("Sue<;essor 

### in Interest") the rights arid liabilities associated with manufacture ofthe above-referenced chemical substance, which was the subject ofa premanufacture notice ("PMN") and is governed by 

### a Consent Order issued bythe U.S. Environmental Protection Agency ("EPAn) underthe 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 by the applicable Consent Order limiting manufacture, processing, use, distribution 

### in commerce and disposal ofthe PMN substance, shall be the responsibility ofthe Suecessor in Interest. Successor in Interest also certifies that 

### it is incorporated, licensed, 

### or doing business in the United States in accordance with 

### 40 CPR 720.22(a)(3)
.

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

_ reasserts,

__relinquishes, or modifies all Confidential Business Infonnation ("CBr') claims madebythe 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 

### inan 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 CBrby the original submitter) would not subsequentlybe eligible for confidential treatment under this Notice ofTransfer
.Company (Transferor) 2

TOXIC SUBSTANCES**CO~TROL** ACT**SECTIO~** 

### See) CONSENT ORDER NOTICE OF TRANSFER (continued)


### PMNNumber
Signature ofAuthorized Official Date
Printed Name ofAuthorized Official
Title ofAuthorized Official

Successor in Interest


### Signature ofAuthorized Official Date

Title ofAuthorized Official

City, State, Zip Code

### , 3


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

Successor's Technical Contact
Address**-.~~.-=---=** City, State, Zip Code
Phone