Contract Manufacturer Insert for Company's Consent Order


     To add a Contract Manufacturer Order to a regular Consent
Order, make the following changes to the Company's Consent Order: 

Preamble

1.   Add "Consent Order for Contract Manufacturer" to bottom of
cover page, as follows:


                                                                 

     Consent Order, Consent Order for Contract Manufacturer, 
           and Determinations Supporting Consent Orders
                                                                


2.   Add "Attachment C - Consent Order for Contract Manufacturer"
to bottom of Table of Contents.

3.  Add the following statement to the end of the Summary of Terms
of Order:  "A Consent Order for Contract Manufacturer is attached
to extend these requirements to any Contract Manufacturers." 

Order

1.  In the Testing section, add the following highlighted language
to paragraph (d) of the Testing section:

     "The Company is prohibited from manufacturing or importing, or
causing another person to manufacture or import, the PMN substance
beyond..."                       


2.  Replace the Manufacturing section with the following insert:



                          MANUFACTURING

(a)  The Company shall not cause, encourage, or suggest the
manufacture and/or import of the PMN substance by any other person
outside the Company, except a Contract Manufacturer as described in
paragraph (b).

(b)  Notwithstanding paragraph (a), the Company may cause a
"Contract Manufacturer" outside the Company to manufacture and/or
import the PMN substance according to the following conditions:
       (1)  The Contract Manufacturer must be under contract to the
Company to manufacture or import the PMN substance solely for the
Company.  The contract must specify the identity of the PMN
substance, the total quantities to be manufactured, and the basic
technology to be used for manufacturing.
       (2)  The Company shall obtain from each Contract
Manufacturer a signed copy of the Consent Order for Contract
Manufacturer (attached to this Order as Attachment C) and submit
the copy to EPA along with the name, address, and telephone number
of a responsible official of the Contract Manufacturer.  The
Contract Manufacturer or Company must receive a fully executed copy
of the Consent Order for Contract Manufacturer from EPA before the
Contract Manufacturer may begin manufacture or import.
       (3)  If, at any time, the Company learns that the Contract
Manufacturer has failed to comply with any of the conditions
specified in the Consent Order for Contract Manufacturer, the
Company shall immediately cease to cause the Contract Manufacturer
to manufacture or import of the PMN substance, unless the Contract
Manufacturer is in compliance with a SNUR for the PMN substance, or
unless the Company is able to document each of the following:
         (A)  That the Company has, within 5 working days, notified
the Contract Manufacturer in writing that the Contract Manufacturer
has failed to comply with any of the conditions specified in the
Consent Order for Contract Manufacturer.
         (B)  That, within 15 working days of notifying the
Contract Manufacturer of the noncompliance, the Company received
from the Contract Manufacturer, in writing, a statement of
assurance that the Contract Manufacturer is aware of the terms of
the Consent Order for Contract Manufacturer and will comply with
those terms.
         (C)  If, after receiving a statement of assurance from the
Contract Manufacturer under subparagraph (B) of this Section, the
Company has notice or knowledge that the Contract Manufacturer has
failed to comply with any of the conditions specified in the
Consent Order for Contract Manufacturer, the Company shall
immediately cease to cause the Contract Manufacturer to manufacture
or import the PMN substance, shall notify EPA of the failure to
comply, and shall resume causing the Contract Manufacturer to
manufacture or import the PMN substance only upon written
notification from the Agency.

(c)(1)    Paragraph (a) shall expire 75 days after promulgation of
a final significant new use rule ("SNUR") governing the PMN
substance under section 5(a)(2) of TSCA unless the Company is
notified on or before that day of an action in a Federal Court
seeking judicial review of the SNUR.  If the Company is so
notified, paragraph (a) shall not expire until EPA notifies the
Company in writing that all Federal Court actions involving the
SNUR have been resolved and the validity of the SNUR affirmed. 
     (2)  When EPA promulgates a final SNUR for the PMN substance
and paragraph (a) expires in accordance with subparagraph (c)(1),
the Company shall notify each person whom it causes, encourages or
suggests to manufacture or import the PMN substance of the
existence of the SNUR.  Such notification must be in writing and
must specifically include all limitations contained in the SNUR
which are defined as significant new uses, and which would invoke
significant new use notification to EPA for the PMN substance. 
Such notice must also reference the publication of the SNUR for
this PMN substance in either the Federal Register or the Code of
Federal Regulations.
     (3)  Paragraph (c)(1) shall not negate the effect of any fully
executed Consent Order for Contract Manufacturer entered into under
paragraph (b)(2).

3.  In Exposure-Based Orders, add the following highlighted
language to the Risk Notification section:
     (b)  The Company must ensure that any Contract Manufacturers
(as described in paragraph (b) of the Manufacturing section of this
Order), persons who will receive the PMN substance from the
Company, or any persons who have received the PMN substance from
the Company within 5 years from the date the Company becomes aware
of the new information described in paragraph (a) of this section,
are provided an MSDS containing the information required under
paragraph (a) within 90 days from the time the Company becomes
aware of the new information.