Document 8Rvr1z186opRM6j4daG4kxEQa

SOLUTI A PRODUCT STEWARD MANUAL DSW 122446 STLCOPCB4032394  SOLUTI A PRODUCT STEWARD MANUAL March, 1998 DSW 122442 STLCOPCB4032395 Agenda i j i DSW 1 STLCOPCB4032396 PRODUCT STEWARD TRAINING AGENDA 8:30-9:30 9:30 -10:30 10:30 -10:45 10:45 -12:00 12:00-1:00 1:00-2:00 2:00-2:15 2:15-3:15 3:15-3:45 3:45-4:15 Responsible Care and Product Stewardship Overview Product Steward Duties BREAK MSDS Orientation LUNCH (on your own) RISK ASSESSMENT and ESHA PROCESS BREAK TSCA Contract Manufacturers Waste Regulations CSW 122449 ' - __ j i STLCOPCB4032397 List of Key Contacts OSW 122450 STLCOPCB4032398 DSW 12245,1 CHEMICALS ESH Revised 1/11/97 Draft ISSUE OWNER ROLES - Regulatory Management - Policy Formation/Support BUSINESS INTERFACE ROLES (Present DESH Function) ENVIRONMENTAL Air TRI Pollution Prevention SAFETY BehavtoreliPersomel VPP. Operations ENVIRONMENTAL Water Drinking Water OH Pollution Act Groundwater SAFETY Mechanical. Workspace PPE ENVIRONMENTAL RCRA, Waste SuperfUnd, Spills SARA 304, Spllte CWA, Splits UlC USTs SAFETY Process ENVIRONMENTAL SuperfUnd. NCP TSCA(PCBs) RCRA. Corrective Action NRD Financial Responsibility (RCRA A USTs) Contractor Safety POLICY Air Potiutton Prevention Emp. Health & Safety Code; Rasp. Care Pollution Prev. Code; Reap. Cara POLICY Water Workplaoe Safety Community Safety CAER Code: Reap. Caro Groundwater Protection. Air/Water Assessment POLICY Process 8ataty Waste Management Process Safety Code: Reap. Care Splits BUSINESS INTERFACE BUSINESS INTERFACE Intermediates none BUSINESS INTERFACE P44D (#6]l*aown4 OSHA, Medical Drug Testing Disability Management ENVIRONMENTAL TSCA. Products TUR PBTIssua Endocrins Risk Assessment ENVIRONMENTAL ESH MgmL Standards EMAS Audit Privilege Environmental Alternatives Outside Processors POLICY Health Medical Drug Free POLICY Produete, Teeting LCA Prod. Stew. Code Rasp. Care POLICY OSHA Program VPP Policy Audit ESH Compliance Mgmt Responsible Care Coord. BUSINESS INTERFACE (1) Acrytar/CarpettNykxV Vydyne/PotyMod (2) Fluids (5) Reslns/Salta STLCOPCB4032400 ESH-CHEMICALS ORGANIZATION December 11,1997 fNJ l </> Q [hl8]eshcompf.vsd i ESH-CHEMICALS Region 1 December 11,1997 [org]region1i.vsd World Areas: Asia-Pacific STLCOPCB4032402 ESH-CHtMICALS Region 2 December 11,1997 :ac Q [org]region2g.vsd TEAM EUROPE ESH-CHEMICALS February 14,1997 [R7]teanMuiS.vsd STLCOPCB4032404 ESH-CHcMICALS Region 3 December 11,1997 3! (/) o [org]region3h.vsd by Monsanto World Areas: Latin and South America LS*?ZZ T MSCT ESH-CHEMICALS Remediation December 11,1997 Secretary D. K. Rector [org]remclen7.vsd ESH-CHEMICALS Medical & Epidemiology December 11,1997 Leader Medical and Epidemiology! Dr. D. C. Shepperly [org]medical8.vsd STLCOPCB4032407 ESH-CHEimlCALS Product Stewardship December 11,1997 Leader Product Stewardship J. D. Felder iiiiiilgliilliiliillll Secretary R. M. Parr cn in (NtJ* 3: 00 a MSDS Technician U.S. J. L Kelly MSDS/Labellng Technician - U.S. J. M. Lambert MSDS/Labellng Technician U.S. J. L Theel MSDS/Labellng Technician - E/A N. Adrian MSDS/Labellng Technician E/A J. A. Williamson Prod. Stewardship Manager, U S. J. P. Mleure Prod. Stewardship Manager, U.S. A. N. Sardella Toxicology* Professional R. S. Nalr Toxicology Professional J. H. Sherman [org]psclean5.vsd STLCOPCB4032408 I ESH-CHEMICALS Policy & Compliance December 11,1997 o vO N CM 3t <A a [org]policy6.vsd Product Stewardship Liaison - Assignments by Business Group Assignments effective 11 August 1997, changes highlighted Business Product Stewardship ' Assignment Acrilan Jim Mieure Carpet Jim Mieure Commercial Development (ESH Business Liaison = Jim Mieure) Jim Mieure Nylon Industrial Jim Mieure Fluids Dequest Therminol Glacier S kydrol/S kykleen L-Aspartic Acid Andre Aarts Jim Downes Jim Downes Jim Downes Jim Downes Intermediates (ESH Business KA, Nitric Acid, Nylon Salt, & Tetrathal . Chlorobenzenes, Ammonia, & Coke AN, HCN, Formalin, NTA, & Santoquin Adiponitrile, HMDA, & Coproducts Liaison = Tony Sardella) Jim Downes Jim Downes Tony Sardella Tony Sardella P4D Fire Safety Technical Food Phosphates Phosphoric Acid P4 & Intermediates Jim Downes Jim Mieure Jim Mieure Jim Mieure Jim Mieure Polymer Modifiers (ESH Business Liaison = Rashmi Nair) Flooring, Santotac Rashmi Nair1 BzCl, Santofoam Rashmi Nair * Adipates Rashmi Nair Phosphate Esters Rashmi Nair 3GEH Rashmi Nair Resins (ESH Business Liaison = Jeff Felder) Adhesives & Binders Resimenes, Modaflow, & DME Plastic Products Rashmi Nair Rashmi Nair Rashmi Nair Saflex Ethyl Acetate Butvar Resin Saflex Sheet ' Tony Sardella Andre Aarts Andre Aarts DSW 122461 STLCOPCB4032409 Vydyne Jim Mieure Notes: 1. Rashmi Nair will continue to provide toxicology support for this business as well until a fourth toxicologist is on board and is well acquainted with the issues and players. OSW 122462 STLCOPCB4032410 Subject: Product Stewardship Plant Support Assignments - Rev 1.0 Author: JEFFREY D FELDER at MONSL505 Date: 11/5/97 4:54 PM Product Stewardship has plant as well as product issues (e.g., TSCA Inventory updates, 8(d) studies, etc.) so that we align our Product Stewardship Managers to support particular plants as well as businesses. The previous assignment list showed Ron Hogue. Switches have been made as a result ofRon's retirement with the following results. Anniston - Jim Downes Antwerp Guest - Andre Aarts Augusta Jim Mieure Carondolet - Jim Mieure Chocolate Bayou - Tony Sardella Columbia - Jim Mieure Decatur - Jim Mieure Delaware River - Rashmi Nair Fovil - Jim Mieure Ghent - Andre Aarts Greenwood - Jim Mieure Indian Orchard - Rashmi Nair Krummrich - Jim Downes LaSalle - Tony Sardella LLN- Andre Aarts ' Newport - David Tucker Ontario - Jim Downes Pensacola - Jim Mieure Queeny - Jim Downes Soda Springs/Rock Springs - Jim Mieure Trenton - Jim Mieure OS W L22463 STLCOPCB4032411 Westport - Jeff Felder WHQ - Jeff Felder DSW 122464 STLCOPCB4032412 MSDS AND LABEL GROUP CONTACTS Don Montgomery - lead 4-7136 F2EB Existing MSDS's: Jackie Kelly Debbie Goulet 4-3221 4-2517 F2EB F2EB New MSDS's: See the Product Stewardship Manager ESHA Review Labels: Jerry Lambert Joanne Theel 4-5662 4-3481 F2EB F2EB DSW 122465 STLCOPCB4032413 List of oa ers CZJ n 3 83 atn1 DSW STLCOPCB4032414 BUSINESS UNIT Acrilan Industrial Products Therminol/DPO/Polyphenyls Skydrol SkyKIeen Dequest Glacier/I-Aspartic Acid Intermediates NTA AN/HCN/Formalin Santoquin Adiponitrile/HMDA/Co-products Chlorobenzenes Ammonia KA/Nitric Acid/Nylon Salt Tetrathal Phenol Commercial Development Nylon Industrial Polymer Modifiers Resins Coatings/DME Adhesives and Binders Plastics Products Nylon Plastics Sheetl PS MANAGER Jim Mieure PRODUCT STEWARD MAIL CODE PHONE Bret Bement 1260 628-2711 Jim Downes Jim Downes Jim Downes Andre Aarts Jim Downes Jerry Brown Joe Giardina Frank Jakse Tom Christ Andrew Waller 1060 T4M T4M T1D T3W 621-8406 4-3954 4-4546 4-4593 4-5740 Tony Sardella Tony Sardella Tony Sardella Tony Sardella Jim Downes Jim Downes Jim Downes Jim Downes . Jim Downes Jim Mieure Jim Mieure i Beatrice Decelle (except Benzyl Phthalates) Chad Starr Robert Cordingley Mark Halstead Pamela Brown Elizabeth Lee Tim Strehl Tonya Mattix John Peduzzi Wendy Kramer Tom Waldman MaxYefi David Moore 1200 1200 1670 1690 1740 G5WT 1690 1740 1690 G5NR 1070 1730 522-4283 522-4774 550-4458 634-7397 537-6584 4-8706 634-8602 537-6423 634-7706 4-5983 622-7640 4-7078 . " ' ' i ' Jim Mieure Tim Golden Phil Emery Jim Holtrop Monika Crear 1870 1870 1793 731-2858 731-2754 314-997-8622 6781 Winterberry Ridge Dr. Stone Mountain, GA 80087 770-465-7493 Page 1 rs. 'O r-s4j- 2 c/> Q STLCOPCB4032415 Carpet Phosphorus and Derivatives Fire Safety:Wildfire Fire Safety:Phos Chek P/30 Technical Phosphates Phosphoric Acid P4 Phos. Pentasulfide Food Phosphates Saflex Saflex Sheet Ethyl Acetate Jim Mieure Jim Downes Jim Downes Jim Mieure Jim Mieure Jim Mieure Jim Mieure Jim Mieure Andre Aarts . TonySardella Sheetl Larry Haeger Larry Vandersall Ray Mount Joe Witkowski(T) Joe Witkowski(T) Terry Wollin Rick Bosch Karen Linek Dick Michelsen Kim Gingras 1070 622-1652 Lawdon Fire Services 2137 Albright Ave. UDland. CA 91786 T1D T1D T1D 1850 T1D T1D 909-985-2653 4-2940 4-7487 4-7487 557-1339 4-5400 4-1643 1870 G3ND 731-3223 4-4681 Status: 9/15/98 Product Stewardship o <n / SW 122469 i 'I r STLCOPCB4032417 JSolutia Inc. CMA Responsible Care Responsible Care o F>. r4\J- 3: (/? a A Public Commitment Produc^tewardshifJ Solutia Inc. CMA Responsible Care Background r* -a* Adopted in 1988 Response to negative perceptions Outgrowth of: CAER (1985 Community Awareness and Emergency Response Initiative) Canadian Chemical Producers Association's Responsible Care Program Product Stewardship Solutia Inc. CMA Responsible Care Intent Nr r\i A way of doing business: Implementation will never be complete Not a checklist of activities Continuous Improvement New Information New Technology New Expectations Constant Reassessment Produc^tewardshi^^ Soluti^nc^l CMA Responsible Care Improve chemical processes Enhance practices and procedures Reduction of every kind of waste, accident, incident and emission Reliable communication and dialogue Heighten public involvement and input m n ># (M 3 </J o Product Stewardship DSW 1 2 2 4 7 4 Solutia Inc. CMA Responsible Care Important Elements Guiding principles A statement of philosophy and commitment by companies regarding responsibilities for the management of chemicals. Codes of management practices Delineate six specific areas of manufacturing, transport, and handling that CMA companies will work to improve. Public advisory panel Third party group formed to assist in identifying and developing programs responsive to public concerns. Member self-evaluations Internal management tool for measuring program implementation an documenting progress. Executive leadership groups Senior industry representatives meet periodically to review progress toward improved performance. Product Stewardship DSW 1 2 2 4 75 {Soluti^nc^l CMA Responsible Care Guiding Principles 1. ) To respond to community concerns 2. ) To develop safe chemicals and handling practices 3. ) To make health, safety, and the environment a high priority 4. ) To report all hazards and recommend protective measures 5. ) To counsel on the safe use of chemicals 6. ) To operate in a manner that protects the environment 7. ) To measure the effects of chemicals on the environment 8. ) To correct problems caused by past mistakes 9. ) To create responsible laws, regulations, and standards 10. ) To promote Responsible Care through open dialogue Produc^tewardshipJ Solutia Inc. I CMA Responsible Care Codes of Management Practices DSW 1 2 2 4 7 6 1.) Community Awareness and Emergency Response Code (CAER): Communication with public and emergency response teams 2.) Process Safety Code Prevention of in-plant fire, explosions, and accidental chemical releases\ 3.) Employee Health and Safety Code Addresses traditional worker health and occupational safety issues 4.) Pollution Prevention Code Addresses processes to a.) properly handle and b.) minimize waste 5.) Distribution Code Reduce risks to the public, carriers, contractor, company employees, and the environment during transportation and storage 6.) Product Stewardship Ensures the completion of the other five codes of management practices Product Stewardship LL*rZZ T MS3 Solutia Inc. CMA Responsible Care Common themes Accountability Expands beyond the point of sale Dialogue Stakeholders: suppliers, regulators, lawmakers, public, employees, competitors, transporters, customers, shareholders Teamwork i Continuous improvement Produc^tewardshijJ tSolutia Inc. CMA Responsible Care DSW 1 2 2 4 7 8 Pmduc^tewardshifJ DSW 1 2 2 ^ 7 9 Solutia Inc. CMA Responsible Care Related Activities Responsible Care Partnership: makes the Responsible Care initiative available to nonCMA companies Public Outreach: publicizes the commitment and efforts of the chemical industry and to build momentum for the industry to improve performance International Outreach: Encourage the use of Responsible Care outside of North America Responsible Care has been introduced in the United Kingdom (1989), Australia (1989), France (1990), the Netherlands (1991), New Zealand (1991), and Germany (1991) Product Stewardship DSW 1 2 2 4 .8 0 Solutia Inc. CMA Responsible Care Code of management practices: Management Leadership and Commitment 1.) Leadership Demonstrates senior management leadership 2.) Accountability and Performance Measurement Establishes goals and responsibilities for implementing product stewardship 3.) Resources devotes resources (eg. training, coordinator) necessary to implement and maintain product stewardship practices Product Stewardship DSW 1 2 2 4 8 1 JSolutia Inc. CMA Responsible Care Code of management practices: Information and Characterization 4.) HSE Information creates information on hazards and reasonably foreseeable exposures (eg., spills, releases) on existing and new chemicals 5.)Product Risk Characterization Characterizes new ?nd re-evaluates existing products with respect to their risks ^mduc^tewardshipj DSW 1 2 2 4 8 2 Soiutia Inc. CMA Responsible Care Code of management practices: Risk Management 6.) Risk Management System Creates a system to list and use actions appropriate to the product risk 7.) Product/Process Design and Improvement Creates a system that makes HSE a key consideration in the design, development, and/or improvement of our products and processes. 8.) Employee Education and Product Use feedback Educates employees (based on job function) on the proper use of our products Implements a system encouraging employee feedback on new uses, misuses, or other adverse effects of our materials _______________________ Product Stewardship Solutia Inc. CMA Responsible Care Code of management practices: Risk Management (continued) 9.) Contract Manufacturers Foster proper handling, use, recycling, and disposal of our products and processes used by toll manufacturers 10.) Suppliers Requires suppliers to provide HSE information and guidance on their products 11.) Distributors Encourages distributors to foster responsible handling of our products to downstream users 12.) Customers Creates partnerships with our customers to foster the responsible use and disposal of our products through training, bulletins, MSDSs, and other means of communication _______________________ --^Product Stewardship 3 X 00 Q STLCOPCB4032431 SECOND DRAFT GUIDELINES FOR PRODUCT STEWARDSHIP SELF EVALUATION 1. PP = Champion appointed at vice-presidential level and playing a highly visible role in implementing Product Stewardship. Written policy in place for the Chemical Group and well understood by General Managers. DP = Routine recognition by senior management, and clear guidance on timing for implementation. 2. PP = Product Stewards actively involved in business teams and Product Stewardship fully incorporated into business plans and individual goals. Business directors and managers knowledgeable and supportive of Product Stewardship. DP = Product Stewards in place, trained and active in business units. 3. PP = Product Stewardship properly resourced with people and funding resulting in no delays to programs. DP = No more than one year delay in implementing any programs. 4. PP = Information available on all products to satisfaction of health and environmental scientists to permit assessment of risk to employees, customers and the environment throughout each product's life cycle. This includes information on exposures resulting from use and disposal. DP = Information available as above on all high and medium priority (based on perception of risk) products, with plans approved for obtaining information on remaining products. 5. PP = Current risk assessments (evaluated by health and environmental specialists), exist for all products or product lines, and procedures are in place to assure periodic re evaluation. (Complete MSDS assessments, when conducted using^well documented exposure data, fulfill this requirement.) DP = Current risk assessments exist on all products, based on available or estimated exposure data. 6. PP = All-risks not clearly de minimus, identified in 5. above, are reduced to acceptable levels. Program in place to provide special in-depth review of use, risk evaluation and risk management for selected products. DP - All unacceptable risks identified in 5. above are reduced to acceptable levels. USW 122484 STLCOPCB4032432 7. PP = Technology and technical service groups follow procedures designed to nuke environmental protection, including health and environmental safety, energy conservation and waste minimization/safe disposal key considerations in the development of new products and new and modified processes. These parameters are audited in all product/process safety reviews. DP = Technology and technical service groups follow procedures designed to make health and environmental safety key considerations in new product and process development. 8. PP - All employees who have potential to come into contact with products, raw materials or intermediates are thoroughly trained on the hazards and proper handling procedures and precautions of those materials. Procedure in place to verify training and to initiate retraining. All sales, marketing and marketing technical services personnel trained similarly for products, and in how to recognize and feed back information about how our products are used, and about potential misuse or adverse effects. DP = All employees trained as above. Sales and MTS trained to recognize and feed back uses and misuses. 9. PP * Assessments of all contract manufacturers are current and manufacturers have satisfactorily addressed any concerns. Handling, use, recycling and disposal information to manufacturers is routinely updated to reflect regulatory or other changes. DP = Current health, safety and environmental assessments (including communication of any concerns) have been approved for most contract manufacturers, and a schedule to complete the remainder has been developed. The need to provide product and process specific information on handling, use, recycling and disposal to each manufacturer is under evaluation. 10. PP = All suppliers of chemical products are following health, safety and environmental practices consistent with CMA Responsible Care Codes. Chemical Group purchasing agents are familiar with Product Stewardship principles, factor adherence to these principles into purchasing decisions and require appropriate health and environmental safety data from suppliers. DP = Purchasing agents briefed and functioning as above. 11. PP = All distributors confirmed as following health, safety and environmental practices consistent with CMA Responsible Care Codes. DP = All distributors reviewed and notified of deviations from these practices, with suggestions for compliance. 12. PP = We know and approve of all uses of our products, and we have verification that all product receivers have received and understand our MSDS. DP = Employees with direct contact with customers and transporters are trained in Product Stewardship principles and we have an active program to determine how our products are used and to look for potential misuse. We are working to improve customers or receivers who have questionable programs. DSW 122485 STLCOPCB4032433 Responsible Care A Public Commitment PRODUCT STEWARDSHIP CODE OF MANAGEMENT PRACTICES Purpose and Scone The purpose of the Product Stewardship Code of Management Practices is to make health, safety and environmental protection an integral part of designing, manufacturing, marketing, distributing, using, recycling and disposing ofour products. Hie code provides guidance as well as a means to measure continuous improvement in the practice of product stewardship. The scope ofthe code covers all stages ofa product's life. Successful implementation is a shared responsibility. Everyone involved with the product has responsibilities to address society's interest in a healthy environment and in products that can be used safely. All employers are responsible for providing a safe workplace, and all who use and handle products must follow safe and environmentally sound practices. The code recognizes that each company must exercise independent judgment and discretion to successfully apply the code to its products, customers and business. Relationship to Responsible Care* and Guiding Principles Implementation of the code promotes achievement of several of the Responsible Care* Guiding Principles: to make health, safety and environmental considerations apriority in ourplanningforall existingand new products and processes; to develop and produce chemicals that can be manufactured, transported, used and disposed of safely; to extend knowledge by conducting or supportingresearch on the health, safety and environmental effects of our products, processes and waste materials; to counsel customers on the safe use, transportation and disposal of chemical products; to report promptly to officials, employees, customers and the public, information on chemical-related health or environmental hazards and to recommend protective measures; DSW 122486 STLCOPCB4032434  to promote the principles and practices of Responsible Care* by sharing experiences and offering assistance to others who produce, handle, use, transport or dispose of chemicals. Management Practices Each company shall have an ongoing product stewardship process that: Management Leadership and Commitment 1. LEADERSHIP: Demonstrates senior management leadership through written policy, active participa- tion and communication. 2. ACCOUNTABILITY and PERFORMANCE MEASUREMENT: Establishes goals and responsibilities for implementing product stewardship throughout the organization. Measures performance against these goals. 3. RESOURCES: Commits resources necessary to implement and maintain product stewardship practices. Information and Characterization 4. HEALTH, SAFETYand ENVIRONMENTAL INFORMATION: Establishes and maintains information on health, safety and environmental hazards and reasonably foreseeable exposures from new and existing products. ' 5. PRODUCTRISKCHARACTERIZATION: Characterizes new and existingproducts with respect to their risk using information about health, safety and environmental hazards and reasonably foreseeable exposures. Establishes a system that initiates re-evaluation. Risk Management __ 6. RISK-MANAGEMENT SYSTEM: Establishes a system to identify, document and implement health, safety and environmental risk-management actions appropriate to the product risk. 7. PRODUCT and PROCESS DESIGN and IMPROVEMENT: Establishes and maintains a system that makeshealth, safety and environmental impacts--includingthe use ofenergy and natural resources--key considerations in designing, developing and improving products and processes. 8. EMPLOYEEEDUCATIONand PRODUCT USE FEEDBACK: Educates and trains employees, based on job function, on the proper handling, recycling, use and disposal of products and known product uses. Implements a system that encourages employees to feed back information on new uses, identified misuses or adverse effects for use in product risk characterization. 9. CONTRACTMANUFACTURERS: Selects contractmanufacturers who employ appropriate practices for health, safety and environmental protection for the operations under contract, or works with contract manufacturers to help them implement such practices. Provides information and guidance appropriate to the product and process risk to foster proper handling, use, recycling and disposal. Periodically reviews performance of contract manufacturers. 2 SW 1*2248? STLCOPCB4032435 10. SUPPLIERS: Requires suppliers to provide appropriate health, safety and environmental information and guidance on their products. Factors adherence to sound health, safety and environmental principles, such as those contained in Responsible Care*, into procurement decisions. 11. DISTRIBUTORS: Provides health, safety and environmental information to distributors. Commensu rate with product risk, selects, works with and periodically reviews distributors to foster proper use, handling, recycling, disposal and transmittal ofappropriate information to downstream users. When a company identifies improper practices involving a product, it will work with the distributor to improve those practices. If, in the company's independentjudgment,improvementis notevident, then the company should take further measures--up to and including termination of the business relationship. This Management Practice should be implemented in conjunction with the Distribution Code ofManagement Practices. 12. CUSTOMERS AND OTHER DIRECT PRODUCT RECEIVERS: Provides health, safety and environ mental information to direct product receivers. Commensurate with product risk, works with them to foster proper use, handling, recycling, disposal and transmittal ofappropriate information to downstream users. When a company identifies improper practices involving a product, it will work with the product receiver to improve those practices. If, in the company's independent judgment, improvement is not evident, then the company should take furthermeasures--up to and includingtermination ofproduct sale. Relationship to Other Codes of Management Practices This code complements, and should be implemented in conjunction with, current and future Codes of Management Practices. CMA BD-4/14/92 3 Sw 122488 STLCOPCB4032436 Product Stewardship Code Of Management Practices Management Practice 1 LEADERSHIP: Demonstrates senior management leadership through written policy, active participation and communication. The objective ofthis managementpractice is to set the drivingforcefortheProduct Stewardship Code. To this end, senior management must first adopt a policy that reflects the company's vision ofproduct stewardship. This policy should state clearly how senior management expects product stewardship to be managed within the company. To be effective, thepolicy shouldemphasize thatproduct stewardship, like quality andsafety, must be woven into the company's culture. It also shouldbe clear that the commitment is an ongoing, long-termpart ofthe company's operations and business. Finally, ifthe new policy represents a change in the way ofdoing business, it should be clear that a change in behavior is expected In some companies, a separate written product stewardshippolicy may be effective. In others, a broader health, safety and environmental (H S&E) policy that incorporates the principles ofproduct stewardship may be more appropriate However, a policy alone is not enough The words of a policy must be reinforced by actions and behaviors that continuously reaffirm the goals senior management has set. Senior management is responsible for conveying throughout the organization its involvement with and support of. product stewardship--especially to the next level ofmanagement and encouraging it to do the same. (Management Practices 2 and 3focus on some ofthe visiblesignals --for example, goals, performance measurement and resource allocation). Management Practice 2 ACCOUNTABILITY and PERFORMANCE MEASUREMENT. Establishes goals and responsibilities for implementing product stewardship throughout the organization. Measures performance against these goals. One of the key ways senior management can convey the importance ofproduct stewardship is by establishing it as a priority in business planning and individualperformance planning. The objective is to develop aprocess that willresult in continuous improvement throughgoals thatare well-defined achievable and measurable. Similarly, individual responsibilities should be clear and consistent DSW 122489 STLCOPCB4032437 Management Practice 3 RESOURCES: Commits resources necessary to implement and maintain product stewardship practices. The commitment ofresources, both human andfinancial is a criticalsignal that management can send to show its commitment to product stewardshippractices and is a vitalcomponentforsome implementation activities. Undoubtedly, resources will vary from company to company. However, in all cases, the commitment ofresourcesshouldbeconsistent withproductstewardship implementationplans andsufficient to support continuous improvement. Management Practice 4 HEALTH, SAFETYandENVIRONMENTAL INFORMATION: Establishes and main tains information on health, safety and environmental hazards and reasonably foresee able exposures from new and existing products. Just as Management Practice 1 is the drivingforcefor the Product Stewardship Code, Management Practice 4 is thefoundation. The objective ofManagement Practice 4 is to establish a knowledge base of human andenvironmentalhazards andreasonablyforeseeableexposuresand, once established, to maintain it. Under thispractice, companies gather information to support the system that characterizes aproduct`s risk (Management Practice 5) and, ultimately, the system that develops the methods to manage that risk (Management Practice 6). Initially, some companies may establish their knowledge base by developing information; others may do so by collecting andcompiling available information. However, all companies shouldhave a process to continuously gather relevant product information and to review existing information to determine ifit is accurate, current and complete. Sources of information may include published, unpublished and/or internally generated scientific reports on health, safetyandenvironmental effects andexposures. Generally, the types ofinformation could coveranimalor human toxicity, ecotoxicity endchemicalandphysicalproperties that affect exposureorthe environmental impact. In many cases, exposure information is not directly available but may be estimated with product use information. Information on a product's handling, use and reasonablyforeseeable exposures in research, develop ment. manufacturing, transport, storage, packaging and disposal may be obtained by a number ofmeans. These could include surveys of customers and other product receivers, technical reviews or visits to customers, and/or observations reported by sales and marketingpersonnel. 2 DSW 122490 STLCOPCB4032438 Management Practice 5 PRODUCT RISK CHARACTERIZATION'. Characterizes new and existing products with respect to their risk using information about health, safety and environmental hazards and reasonably foreseeable exposures. Establishes a system that initiates re evaluation. Thispractice has two objectives. Thefirst is to use the information gathered in Management Practice 4 to develop a thorough understanding oftheproduct's risk. This characterization maybe eitherquantitative orqualitative. Thesecondobjective isto establish a system thattriggers re-evaluation, whetherupon receipt ofnew information or upon periodic, scheduled review. Aproductmaybecharacterizedasasingleentityoritmaybecharacterizedin agroup ofproductsbased onsimilaruses, compositions orphysicalproperties. Product risksmayvarywith dijferentusesorexposures. The timeframefor re-evaluation may varyfrom product to product. Triggersfor such re-evaluations might include significant new hazard or exposure data, significant new use or misuse information as it becomes known or a substantial increase in sales volume, suggesting new uses or markets. Management Practice 6 RISK-MANAGEMENT SYSTEM: Establishes a system to identify, document and implement health, safety and environmental risk-management actions appropriate to the product risk. The objective ofManagement Practice 6 is to establish a systemfor identifying and implementing risk management actions. Risks involvedin theproduction anduse ofchemicals can be managedandcontrolled ifeach company takes the basic information on a product's risk (Management Practice 4). characterizes it (Management Practice 5) and then implements a series ofrisk management actions (Management Practice 7 through 12). These risk management actions are a result ofa conscious weighing oftechnical, ethical, societal and business issues surrounding a product Actions taken as a result can rangefrom no action, to providing MSDSs and labels, to product reformulation or repackaging, to removal ofthe productfrom a market The management practices thatfollow. Management Practices 7 through 12, are specific areas of company operations that warrant discussion and special emphasis. 2 STLCOPCB4032439 Management Practice 7 PRODUCT and PROCESS DESIGNandIMPROVEMENT. Establishes and maintains a system that makes health, safety and environmental impacts--including the use of energy and natural resources--keyconsiderations in designing,developing and improv ing products and processes. Designing products andprocesses (or redesigning existingproducts andprocesses) with a system to identify health, safetyandenvironmentalimpacts throughouttheproductlifecycle isone ofthemosteffective ways ofmanaging the product risks identified in Management Practice #5. One objective ofthis Practice is attainment ofthe preferred environmental hierarchy: source reduction: reuse: recycling; and disposal. Source reduction includes equipment or technology modifications, process orprocedure changes, product reformulation or design, substitution ofraw materials, and improvements in housekeeping, maintenance, training or inventory control. This Practice also addresses the needforproper energy and natural resource utilization--important considerationsfor reducing potential adverse environmental impacts and achieving sustainable develop ment. The health, safety andenvironmentalattributes oftheproduct throughout its entire life cycleshould be addressedat the beginning, duringtheconceptanddesign (orredesign)phases. Re-evaluation shouldoccur on a periodic basis or whenever changes to theproduct orprocess me contemplated . Insights andcontributionsfrom employees in allfunctionalareas that may affect health, safety and the environment should be incorporated into the review. These functional areas include research and development, manufacturing, distribution, sales and marketing and regulatory personnel Management Practice 8 EMPLOYEE EDUCATION and PRODUCT USE FEEDBACK: Educates and trains employees, based on job function, on the proper handling, recycling, use and disposal of products and known product uses. Implements a system that encourages employees to feed back information on new uses, identified misuses or adverse effects for use in product risk characterization. This practice has two parts. Thefirst is to ensure that all employees who are involved with products have the training and education necessary to understandproduct (and packaging) hazards, proper use, handling, reuse, recycling anddisposalprocedures. The second is to help ensure that any new information that may alter the way risk is being managed isfactored into the risk characterization process on a timely basis (Management Practice S). The training and education ofemployees should be tailored to specificjobfunctions. For example, marketing andsalespersonnel are in a uniqueposition to know how customers are usingproducts andmust be aware ofproduct hazards, reasonablyforeseeable exposures, appropriate uses and proper handling 4 DSW 122492 STLCOPCB4032440 procedures. They should be able to identify product deviations and to recognize adverse health or environmental effects. These personnel should be alert to the customer's and the public's comments or perceptions. It is essential that there be timefy.feedback of this safety, health or environmental information or concerns into the riskcharacterizationprocess (ManagementPractices4 and5). Thisfeedbackmaychange the risk management actions (Management Practice 6). Management Practice 9 CONTRACTMANUFACTURERS: Selects contract manufacturers who employ appro priate practices for health, safety and environmental protection for the operations under contract, or works with contract manufacturers to help them implement such practices. Provides information and guidance appropriate to the product and process risk to foster proper handling, use, recycling and disposal. Periodically reviews performance of contract manufacturers. The objective ofthis ManagementPractice is to encouragetheuse ofcontract manufacturers who have sound health, safety and environmentalpracticesfor the specific operations under contract Companies are responsible for assessing the capabilities of each contract manufacturer andfor supplementing their expertise with enough guidance tofosterproper handling (including storage), use and disposal Ifcontract manufacturers areunwillingto implementappropriate controls, a companymaydecide to cease doing business with them. While companies are committedto working with contract manufacturers to help them improveperformance, improvement to meet appropriateH.S&Estandards shouldoccurwithin a reasonable timeframe. The level ofa companyproduct's involvement andreview will vary according to the degree ofproduct risk. "Working with " may includeproviding detailedH.S andEproduct information, providing technical assistance on product handling techniques and waste minimization andmanagement, andpossibly visiting the contract manufacturer's facilities. These actions will vary according to the individual contract manufacturerandoperation. Becauseofthegreaterdegreeofcompany control, much closerinteraction will be appropriate with contract manufacturers than compared to distributors and customers. All contract manufacturers should be subject to periodic performance reviews. Along with Management Practices 10 and 11, this management practice constitutes an important outreach component oftheproduct stewardship code. The long-term result ofimplementing this practice liketheotheroutreach managementpractices, shouldbebetterhealth, safetyandenvironmentalperformance -- notjustfor CMA companies butfor the entire chemical industry. Management Practice 10 SUPPLIERS: Requires suppliers to provide appropriate health, safety and environ mental information and guidance on their products. Factors adherence to sound health, J *DSW 122493 STLCOPCB4032441 safety and environmental principles, such as those contained in Responsible Care*, into procurement decisions. 7kc cb'sciivs ofSkis ?nci7iLnsmsfii nnzcsicm ir fA A . *4 rf ifnLt Where appropriate, health, safety andenvironmentalfactors shouldbe an integralpart oftheprocurement process, including product exchange For some companies, this management practice may mean close cooperation within the purchasing, manufacturing, health and loss preventionfunctions to determine how the supplier can contribute to a safer environment Other companies may opt to make these health, safety and environmental considerations part oftheir supplier quality reviews or tofactor them into contractual decisions. Suppliers should describe health, safety and environmentalprograms and goals. Along with Management Practices 9 and 11. this management practice constitutes an important outreach component ofthe product stewardship code. The long-term result ofimplementing this practice liketheotheroutreach managementpractices, shouldbebetterhealth, safetyandenvironmentalperformance -- notjustfor CMA companies butfor the entire chemical industry. As with customers, reviews ofsuppliers will be commensurate with product risk. However, it is appropriate to expect companies to makea continuous effort to extendtheprinciples ofproductstewardship beyond the CMA membership and Responsible Carer* partners. Management Practice 11 DISTRIBUTORS: Provides health, safety and environmental information to distribu tors. Commensurate with product risk, selects, works with and periodically reviews distributors to foster proper use, handling, recycling, disposal, and transmittal of appropriate information to downstream users. When a company identifies improper practices involving a product, it will work with the distributor to improve those practices. If, in the company's independent judgment, improvement is not evident, then the company should take further measures;--up to and including termination of the business relationship. This Management Practice should be implemented in conjunc tion with the Distribution Code of Management Practices. The objective of this management practice is to encourage distributors to establish and implement proper health, safety and environmental practices involving our products. It should be implemented in conjunction with ManagementPractice 4.6 ofthe Distribution Code, whichfocuseson the inbound/outbound andstorage aspects ofdistributoroperations. The emphasis in the ProductStewardship Code is on working with distributors to help them achieve an appropriate level ofperformance on other aspects of their operations, such as recycling, handling, storage, use, disposal, waste minimization andmanagement andthe transmittal ofinformation to downstream users. As with customers and other direct product receivers, a company may decide to terminate the business relationship with those unwilling to implement corrective actions appropriateforlimitingrisksandotherwiseachieving the health, safetyandenvironmentalobjectives ofProduct Stewardship. The level ofinvolvement with a distributor will vary according to theproduct's risk. That risk should also trigger thefrequency ofthe periodic performance reviews mandated in the Distribution Code. These 6 DSW 122494 STLCOPCB4032442 reviews may be used as a forton to share accumulated knowledge that will elevate health, safety and environmentalperformance -- andproduct stewardship practices. It is recognized that distributors perform a broad range offunctions, from repackaging the original productto reformulatingitinto a newproductwith new health, safety andenvironmentalcharacteristics. The "transmittal ofappropriate " information acknowledges that while we expect distributors to pass along H.S&E information, product changes made by the distributor may mean that the information originally supplied with the product no longer applies. In these cases, the distributor needs to. issue information that reflects the current H.S&E information. As with customers andsuppliers, reviews ofdistributors will be commensurate with product risk. It is appropriate to expect companies to makea continuous effort to extendtheprinciples ofproductstewardship beyond the CMA membership and Responsible Care*partners. Management Practice 12 CUSTOMERSAND OTHER DIRECTPRODUCTRECEIVERS: Provides health, safety and environmental information to direct product receivers. Commensurate with prod uct risk, works with them to foster proper use, handling, recycling, disposal, and transmittal of appropriate information to downstream users. When a company identifies improper practices involving a product, it will work with the product receiver to improve those practices. If, in the company's independent judgment, improvement is not evident, then the company should take further measures--up to and including termination of product sale. The objective ofthis managementpractice is to encourage customers to establishproper health, safety and environmental practices involving our products. While the emphasis is on providing information to customers, otherassistancemaybeappropriatewheretheproductriskrequires iL Thismanagementpractice recognizes that ifthose efforts are unsuccessful, a company has a range ofactions that it can take. Possible actions include, in the exercise ofthe company's independentjudgement, not selling a given product to the customer. The level ofinvolvement will vary according to theproduct`s risk. Activities could include reinforce ment ofpreviously provided health, safety and environmental information, additional training, etc. At a minimum, both parties should share any accumulated knowledge that would enhance health, safety and environmental protection. The "transmittal ofappropriate information " acknowledges that while we want customers to pass along H,S&E information, product changes made by the customer may mean that the information originally supplied with the product no longer applies. In these cases, the customer needs to issue information that reflects the current H.S&E information. Along with Management Practices 9,10 and 11, this management practice constitutes an important outreach component ofthe Product Stewardship Code. The long-term result ofimplementing thispractice, like the other outreach management practices, should result in improved health, safety and environmental performance--notjustfor CMA member companies but the entire chemical industry. 7 OSW 122495 STLCOPCB4032443 As with distributors and suppliers, reviews of customers will be commensurate with product risk. However, it is appropriate to expect companies to extend the principles ofproduct stewardship beyond the CMA membership and Responsible Care*partners. CMA BD-4/14/92 DS l22'*96 STLCOPCB4032444 Product Stewardship Question and Answer Document The following questions and answers are intended to provide brief explanations of the Product Stewardship Code of Management Practices. (1) How is product stewardship different from "traditionaPhealth,safety and environ mental practices? Today's concept ofProduct Stewardship is a natural outgrowth ofvariousprograms that have developed in the US. chemical industry. Thesepractices andprograms go by many different names, including product safety, product integrity and product responsibility. Many ofthe more "traditional" health, safety and environmental (H.S&E) programs orpractices tended tofocus on regulatory compliance issues. Product stewardship strengthens and broadens thefocus to include such concepts as customer interaction anddialogueon howtofosterproperuse, handling, recyclinganddisposalofproducts. It is a comprehensive integration ofhealth, safety and environmental considerations into each aspect ofa company's operations, from design and initial manufacture to distribution, sale andultimate disposal. This code will affect nearly every segment of a company's operations. (2) How do we know when we've achieved an adequate level of implementation or, in other words, how much improvement is needed? . These issues aresimilar. Both implya clearly definedendpoint in the implementation process...which is not the case. The Product Stewardship Code, alongwith the othercodes ofResponsible Care, are based on a continuous improvementprocess. Each company will need to establish a base-line--whereyou are today--and then determine what steps are necessary to move towards "code-in-place " Once you are at "code-in-place " the management practiceshouldbereviewedannually to determine ifthereareanyadditionalactivities that might contribute to continuous improvement There will be a numberofexamples ofactivities in the Product Stewardship Resource Guide. DSw 122497 STLCOPCB4032445 (3) Why are distributors discussed in the Distribution Code and the Product Steward ship Code? The Distribution Code was developed prior to the Product Stewardship Code and focuses or. ike "transportation, storageandhandling " ofproducts as they movefront manufacturertoenduser. TheProductStewardship Codegoes beyondtheseactivities. Itfocuses on additionalaspects ofthedistributors' operation, such as transmission of H.S&E information to downstream users, recycling and disposal practices and how distributors interface with customers. Together, the two codesprovide a comprehen sive structurefor the manufacturer and distributor relationship. (4) Does the Product Stewardship Code apply to international operations? How does it apply to suppliers from other countries? The CMA Product Stewardship Code "officially "applies onlyto themembercompany operations and locations in the United States. Because their materials are used domestically, foreign suppliers should be treated the same as U.S. suppliers. However, there are two practicalfactors that should be kept in mind. First, major efforts are underway to implement either the Responsible Care* initiative or similar programs worldwide As ofJanuary 1992, close to two dozen countries have either adopted, or are proposing to adopt the principles which are the foundation for ' Responsible Cartr* Secondly, many multi-national companies are implementing the Responsible Care? initiative throughout their worldwide operations on a voluntary basis. (5) What type of information should be provided to customers, distributors and other third parties? How can this information be provided? Information that would help protect health, safety, and the environment should be provided. In addition to MSDSs and label information, a company may choose to provide additional information through bulletins, videos, instructional workshops or seminars, trainingprograms or site visits. The appropriate actions and communicalion media will vary with each company and with the product risk. (6) How does the Product Stewardship Code relate to the other Responsible Care* codes? The Product Stewardship Code is the most comprehensive ofallthe codes. Aswiththe Distribution Code, Product Stewardship addresses thirdparties. A majorportion of the code isfocused on a company's interactions with suppliers, distributors, contract manufacturers andcustomers. Anotherportion addresses the gathering andcharac terization ofH.S&E information. These practices overlap with both the Employee Health & Safety and the Distribution Code. Anotherpractice. Contract Manufactur ers. overlaps the Pollution Prevention Code. 2 DSW 122498 STLCOPCB4032446 (7) Will I be required to carry out a customer audit? Audits ofcustomers are not required. The needfor audits or other appropriate risk management actions will be determined by the company. . (8) What is meant by the term "work with?" Although responsibilityforpropermanufacture, handling, use. recyclinganddisposal rests with each party in the chain, the concept ofproduct stewardship includes a willingness to assist where requested or where a need is apparent. "Working with " may include providing detailed health, safety and environmental product information, or technical assistance on product handling techniques or visitingfacilities. The riskassociatedwith aproductwillhelpdeterminetheappropriateresponsein each individual case. In addition, certainparties may require more assistance than others. Theresponse remainsajudgmentcallin each individualcasebythecompanyinvolved (9) What is the appropriate unit of measurement for evaluation (i.e., by business unit, product line, plant site)? The Product Stewardship Code presents a challenge because the code focuses on activities involving a company's products rather than a company's facilities. The traditional measurement units used by other codes may not apply. In addition, no uniform measurement is recommendedfor every company in conducting self-evalua tionsagainstthemanagementpractices. Each companywilldeterminewhat worksbest for its particular circumstances.. Some companies may choose to evaluate each individual product, while others may choose product lines or business units. _ The most important point is that each company must establish some unit of measurement and remain consistent year-to-year. Since the self-evaluation process aims to measure each membercompany's annualprogress against the codepractices, and since results are not absolute, the scores are relevant only to the company's progress measured in subsequent years. Thefocus is on continuous improvement, regardless ofthe unit ofmeasurement. . (10) How far down the chain of commerce does the code apply? Does it apply through the first point-of-sale or beyond? The Product Stewardship Code covers all stages ofa product's life. It is intended to cover as much of the chain of commerce as necessary to help prevent misuse, mishandling or other activities that might result in harm to people or the environment from our products. The word "help" is key because it acknowledges that to be successful, product stewardship must be a cooperative effort 3 DSW 12249*9 STLCOPCB4032447 The mainfocus ofthe management practices is on distributors, customers and other direct product receivers, or those with whom there is a close business relationship. Responsibility lies with thenextparty in thechaintopracticeproductstewardshipand encourage its downstream users to do the same CMA BD-4/14/92 122500 STLCOPCB4032448 Policy & Practices V DSW 122501 STLCOPCB4032449 SOLUTI A Solatia's Commitments to Environment, Safety & Health We will ensure that our operations and distribution systems are safe for our employees, site contractors, communities and the environment. We will make products that are safe when used responsibly. We will keep our operations open to our communities, and foster open communications with all of our stakeholders. We will continuously improve our raw material and energy utilization efficiencies to reduce our impact on the environment and improve the sustainability of our businesses. We will encourage active participation in and positive contributions to safety, health, and environmental stewardship by our employees. We will search worldwide for new technologies that bring environmental, safety and health value to all of our stakeholders. DSW 122502 STLCOPCB4032450  Applied Chemistry, Creative Solutions Q :I ' .< Solutia's Environment, Safety and Health Commitments are based on strong convictions that continuous improvement in these areas is critical to creating value for all stakeholders. These commitments are drivers for a better future. i Commitment #1 We will ensure that our operations and distribution systems are safe for our employees, site contractors, communities and the environment. DSW 1 2 2 5 Q * S O L U ~T I /\ " Applied Cliemistry. Creative Solutions *" Commitment #1 -1998 Focus Embrace proactive, behavior-based approach to bolster commitment to safety and health. Meet or better annual KPI targets for injuries, contractor injuries, and accidental releases. Achieve and maintain VPP/Merit status for all sites except Foley (1999 target) by end of 1997. Develop and implement new "risk based" approach to Process Safety Management. Continue implementation of new "Compliance Process". Analyze EPA's Risk Management Program requirements and develop appropriate plans. SW 1 2 2 5 0 5 SO LUT I A Applied Chemistry, Creative Solutions Commitment #2 We will make products that are safe when used responsibly. S O L UT I A Applied Cliemlstry, Creative Solutions Commitment #2 - 1998 Focus Have plan in place to implement Responsible Care Product Stewardship Code by end of 1999. Expand outreach effort by providing counsel to customers and distributors on the safe processing, use, handling, recycling, and disposal of our products. Meet all ESH requirements of New Product and Process Development (NPPD) discipline. vO o <V jC 05 Q STLCOPCB4032454 s O LU T I A TM Applied Chemistry, Creative Solutions1 Commitment #3 We will keep our operations open to our communities, and foster open communications with all of our stakeholders. rv ion 3C 00 Q STLCOPCB4032455 STLCOPCB4032456 ~ " 3 cd l i_j t i y\ tm Applied Cliemistry, Creative Solutions 1" - ' ao ^ ^4 Commitment #3 -1998 Focus * i I' Continue to bolster active community advisory panels. Develop specific communication proposals for sites covered by EPA Risk Management Program. Publish environmental annual report. Incorporate Responsible Care "messages" with employee, customer and community communications. Identify specific external organizations for routine proactive communication/participation. DSW 1 2 2 5 0 9 SO LUT IA TM * m Applied Chemistry, Creative SolutionsTM Commitment #4 We will continuously improve our raw material and energy utilization efficiencies to reduce our impact on the environment and improve the sustainability of our businesses. STLCOPCB4032458 S> CD L U T I y\ Applied Chemistry. Creative Solutions Commitment #4 - 1998 Focus i I* o r*4 m og (\i JZ 00 Q Establish baselines for raw material yields and energy usage for our processes. Identify opportunities to improve energy and environmental efficiencies by partnering with suppliers and customers. Each business will develop their own performance tracking measures and preliminary improvement plans leading to the establishment of an enterprise goal by year's end. * Applied Chemistry, Creative SolutionsTM Commitment #5 We will encourage active participation in and positive contributions to safety, health, and environmental stewardship by our employees. S O L U T I /\ Applied Chemistry, Creative Solutions Commitment #5 - 1998 Focus i ' ' . , . Develop "special enterprise recognition programs" which encourage strategic ESH behavior. - Continue "Safety Awards" Program 1998 - unchanged. - Major overhaul of "Pledge Award Program". Assess potential for Solutia charitable fund to support this commitment. Assess opportunities to improve management of corporate real estate to benefit nature and surrounding community. DSW 1 2 2 5 1 2 o STLCOPCB4032461 SO LUT I A TM * Applied Chemistry, Creative Solutions TM m m im nj 3: 00 Q Commitment #6 We will search worldwide for new technologies that bring environmental, safety and health value to all of our stakeholders.  Applied Chemisl ry. Creative Solutions ,M Commitment #6 -1998 Focus i I* Actively seek out partnerships, alliances, and collaborative agreements that will leverage technical resources. Develop master list of ESH enterprise opportunities and threats. OVERVIEW Program 4 Product Stewardship Introduction Policy Goals This program describes the policies, goals, standards and procedures necessary to fulfill the product responsibilities implicit in the Solutia Commitments. The company will research, develop, design, assess, manufacture, market and dispose of its products so that they meet ever-increasing societal expectations, and do not pose undue risks to human health or the environment during all stages of their life cycles. The company will work with product stakeholders (suppliers, employees, distributors, customers, consumers and disposers) to understand and reduce risks over the life cycle of the company's products. The following specific goals must be integrated into the company's product stewardship plans. Practice the progrj ip, as specified in appropriate ratitet&and markets. Provid^$p2pB8i7safSy anZShaMling SS2o52ation, incHiingfMaterial Safety Data Sheets (MSDSs), to potentially exposed employees, contract employees and product receivers. NOTE: Materials Safety Data Sheets (MSDSs) and Safety Data Sheets (SDSs) are interchangeable terms and refer to similar requirements in different countries. Work toward the goal of no undue risk through systematic risk reduction throughout a product's life cycle. Incorporate concepts of eco-efficiency into product and process evaluations to improve their sustainability. Gain a competitive advantage by applying product stewardship principles that add value to the company's product offerings. Continued on next page DSW L2Z5 IS P4-1 COMPANY CONFIDENTIAL STLCOPCB4032463 OVERVIEW, Continued Measuring Progress To measure progress against these goals, the following indicators will be used: Demonstrated progress in meeting internal and external requirements for all new product introductions (i.e., NPPD process, ESHA approvals, and governmental approvals); Demonstrated progress in determining product hazards; Visible growth in knowledge of the use of company products and the resultant exposures to people and the environment; Availability of adequate environmental, safety and health data to the ultimate product receiver; Increased understanding and diminution of the risks and environmental impacts associated with a product throughout its life cycle; and Differentiation of company products in the marketplace. For Further Information When further information or clarification is required, you may contact the following: ISSUE OWNER Jeffrey D. Feld (314)674-4489 Program Approval The content In This Program This program contains the following procedures. Procedures P4.1 ESH INFORMATION AND RISK CHARACTERIZATION P4.2 RISK MANAGEMENT SYSTEM P4.3 PRINCIPLES AND KEY ELEMENTS P4.4 PRODUCT HAZARD EVALUATION See Page P4-3 P4-5 P4-6 P4-8 1 | | | | DSW 122516 P4-2 COMPANY CONFIDENTIAL STLCOPCB4032464 P4.1 ESH INFORMATION AND RISK CHARACTERIZATION P4.1.1 Introduction P4.1.2 Definitions This section describes procedures to be used to accomplish the company's specific goals regarding environmental, safety and health information and risk characterization. Terms are used in this program as defined in the following table. Term Product Product Receiver Definition Chemical substances and mixtures, materials and equipment, articles, licensed technology and services related to product use that are sold, distributed in commerce, or otherwise provided. An entity (not an individual) to whom the company transfers product. This includes product receivers such as brokers or transporters who may not fall into the traditional customer category. P4.1.3 Product Risk Characterization A preliminary product risk characterization (ESHA Level 1 to 3, as appropriate, and an R&D MSDS) with adaauafea^supr^feBji^nviroftffientaljaifiaaMmiy^a^tb exposure information will newcnqmica new isolatedprocess intermedlatesT and significant new uses for existing chemical products. _ An MSDS will be furnished at the earliest practical stage of R&D, and prior to off-site shipment. A product risk characterization (including an ESHA Level 4 or equivalent, a final MSDS and a shipping classification) will be completed before new product commercialization. P4.1.4 MSDS Program The company's process for generating, reviewing, and maintaining an MSDS is comprehensive and, when coupled with human experience and professional judgment, fulfills the requirement for a product risk characterization for most products. For products with significant inherent hazard, an ESHA Level 5 is required. Significant new information will be reviewed in a timely fashion as part of the MSDS program to satisfy regulatory and product risk characterization requirements. An MSDS review/product risk characterization or an ESHA Level 5 is periodically performed commensurate with product risk. Revisions are performed, at a minimum, every five years, unless waived by the VP, ESH based on a consideration of lack of inherent hazard. ,DSW rnntinued on next page 122517 P4-3 COMPANY CONFIDENTIAL STLCOPCB4032465 P4.1 ESH INFORMATION AND RISK CHARACTERIZATION, Continued P4.1.5 Product Files or Information Systems Product files or information systems will be maintained for all products or product families, and will contain the data necessary to fulfill regulatory requirements and perform product risk characterizations and assessments as appropriate. The data need not be in a single file or system but must be readily available to all likely users (e.g. Product Stewardship and other ESH staff). The data will include: Relevant information on composition, CAS name and number, common name and synonyms, physical properties, raw materials, manufacturing processes, principal byproducts, protective measures, exposure information, energy requirements, wastes and disposal practices, References to relevant literature or internal reports dealing with health and safety (toxicology, epidemiology, industrial hygiene, flammability, reactivity, etc.), Material Safety Data Sheets, Information on product use, including handling, transport, packaging and storage, which will either be - estimated (typically for new products), or - obtained by visits or reviews of customer, distributor and consumer practices, A critical review of health and environmental effects and exposure information, such as DRAFT> - Solutia Workplace Permissible Exposure Guideline (SWPEG) Reviews, ' - Health Effect Reviews, and - Toxicology Reviews, Technology Risk Reviews, and Allegations of health concerns of customers, employees or the public. Sw 12Z518 P4-4 COMPANY CONFIDENTIAL STLCOPCB4032466 P4.2 RISK MANAGEMENT SYSTEM P4.2.1 Introduction This section describes procedures to be used to accomplish the company's specific goals regarding systematic risk reduction. P4.2.2 Approach A systematic approach to risk management will be implemented and maintained for new products. Existing products will be managed on a case-by-case basis. P4.2.3 Options Risk management options, where needed, will be an integral part of the follow-up to each phase of a product risk characterization (as detailed in section 4.1, ESH Information and Risk Characterization). P4.2.4 Product Labeling All products will be appropriately labeled for hazard or risk and will conform at a minimum to pertinent governmental requirements and appropriate consensus standards (e.g. OSHA, EU, ANSI, ISO, etc.). P4.2.5 Documented Actions Documented risk management actions will be recorded in product files. (Examples of specific risk management actions are detailed in section P4.3, Principles and Key Elements.) <DRAFT> DSW 122519 P4-5 COMPANY CONFIDENTIAL STLCOPCB4032467 P4.3 PRINCIPLES AND KEY ELEMENTS P4.3.1 Introduction This section describes procedures used to accomplish the company's specific goals regarding the principles and key elements of Product Stewardship, including product and process design and improvement, employee education, product use feedback, information provided to contract manufacturers, distributors, customers and other direct product receivers, information received from suppliers, and responsibilities involved. P4.3.2 Product and Process Design and Improvement R&D materials used in the laboratory will be handled under Prudent Laboratory Practices (as outlined in TSCA Section 5) or equivalent guidance. Pollution prevention principles (see Program 1, Pollution Prevention) will be included as review criteria in technology risk reviews for new and existing chemicals and will be incorporated into the ESHA, NPPD and equivalent assessments. This includes opportunities for improving energy and resource (e.g. water) efficiency of our products and processes and seeking to replace existing products with those that are more environmentally friendly, as measured by scientifically valid indices that are developed. P4.3.3 Employee Education Employee education in the safe handling and use of chemicals is addressed in Program 2, P4.3.4 Product Use Feedback the company's ESH network, information about product use and misuse. Feedback systems are appropriate to listen to stakeholders, including commercial and technical service liaisons with customers, product hotlines, poison control centers, etc. P4.3.5 Information Provided to Contract Manufacturers In addition to items covered in Program 7, Outside Processors, the company will provide guidance and information to contractor personnel on the safe handling and transportation of company products. Continued on next page DSW 122 520 P4-6 COMPANY CONFIDENTIAL STLCOPCB4032468 P4.3 PRINCIPLES AND KEY ELEMENTS, Continued P4.3.6 Information Provided to Direct Product Receivers As appropriate, the company will ensure that MSDSs and other appropriate safety documents are provided to all direct product receivers, actively involve product receivers in dialogue and outreach regarding appropriate risk characterization, management and reduction, work with the product receiver, when improper practices involving company products are identified, to improve the practices, take appropriate action, including termination of sale if necessary, to obtain adequate improvement, and actively seek product receiver involvement in the continuous improvement of company products and as a means of differentiating those products in the marketplace on the basis of ESH stewardship. P4.3.7 Information Received From Suppliers Up-to-date product information, sufficient to allow risk management decisions including, as appropriate, composition data and MSDSs, will be obtained from suppliers for all new materials. . In addition, supj health impac Lcess<HHrafttraMnvironmental, safety and raw matfBal ris P4.3.8 Responsibilities mg ESH midudrstewardship staff and product stewards in each business and world area.. -Su P4-7 COMPANY CONFIDENTIAL STLCOPCB4032469 P4.4 PRODUCT HAZARD EVALUATION P4.4.1 Introduction Solutia's products will not present an unreasonable risk of harm to human life or health or the environment when they are properly handled, transported or used. P4.4.2 Responsibility ESH Product Stewardship has the responsibility for assessing hazards, if any, of chemicals that Solutia produces or imports. This includes evaluating the adequacy of data developed to assure the safety and environmental aspects of products and intermediates produced in Solutia workplaces and shipped to Solutia customers. P4.4.3 Safety and Environmental Compatibility Assessment Each new chemical or proposed new use of an existing chemical will undergo a safety and environmental compatibility assessment. Established products will be periodically reviewed to assure that their characteristics have been adequately assessed and classified and that a Material Safety Data Sheet (MSDS) exists with health and safety information. Final approval of physical and health hazard assessments will be rendered by the Leader, Product Stewardship (L,PS) or designee. The L,PS will inform the Leader, Medical & Epidemiology of all assessments. P4.4.4 Hazard Assessment Solutia products and chemicals will be carefully evaluated for potential for human injury and environmental damage. As appropriate, ESH Product Stewardship will consider the following in performing hazard assessments: Product ani CAS nui Trac RAFT> Molecular weigh Physical property data Composition including known or expected impurities Expected major areas of use and volume Toxicity known Expected environmental impact from manufacturing process wastes and from product use and disposal Molecular and structural formula Countries of production and sales P4.4.5 Hazard Determination The Hazard Assessment will be used to make the hazard determination required by the appropriate Hazard Communication Standard and regulations (Table I). Professional judgement will be required in defining the scope of the assessment review. Computer data bases such as MSHI.MSDSARIEL Query will be used to determine the applicable regulatory requirements for Solutia products and components of Solutia products. Continued on next page SW 122S22 P4-8 COMPANY CONFIDENTIAL STLCOPCB4032470 P4.4.6 Material Safety Data Sheets (MSDSs) Product Stewardship will update Solutia product and intermediate MSDSs when it becomes aware of significant new information. Supplier-provided MSDSs will be accepted as factual and will be used for employee training and for developing MSDSs for products containing these materials. P4.4.7 Other Existing Legal Requirements In addition to the MSDS effort described above, some products may also be evaluated under other applicable laws such as FIFRA, TSCA, FFDCA, CEPA, EU Dangerous Substances Directives, EU Existing Substances Regulations, etc. These may require different approaches to support regulatory approval and compliance. Table 1 Country or Region / MSDS standard or regulation USA / OSHA Hazard Communication Standard (29 CFR 1910.1200) EU / Commission Directive 93/112/EC Requirement Appendices A and B Annex SH 1-2*523 P4-9 COMPANY CONFIDENTIAL STLCOPCB4032471 Product Stewardship Solutia Criteria for "Practice in Place" 3/31/98 1. Leadership CEO serves as champion and plays a highly visible role in implementing Product Stewardship. Written corporate policy in place and supported by business General Managers. 2. Accountability and Measurement Product Stewards actively involved in business teams and Product Stewardship fully incorporated into business plans and goals. Business management knowledgeable and supportive of Product Stewardship. 3. Resources Product Stewardship properly resourced with people and funding, resulting in no delays to programs. 4. Health, Safety & Environmental Information Information available on all products to the satisfaction of corporate health and environmental scientists to permit assessment of risk to employees, customers and the environment throughout each product's life cycle. This includes information on exposures resulting from manufacture, use and disposal. 5. Product Risk Characterization . Current risk assessments (prepared by health and environmental scientists) exist for all products or product lines, and procedures are in place to assure periodic re-evaluation. (MSDS assessments, when conducted using well-documented exposure data, fulfill this requirement.) 6. Risk Management System All risks identified in Practice 5 above are reduced to acceptable levels. A system is in place to identify changes which signal the need for in-depth review of an existing product's risk characterization and management. 7. Product and Process Design and Improvement Technology, marketing and manufacturing personnel follow procedures designed to make environmental protection, including health and environmental safety, energy conservation and waste minimization/safe disposal, key considerations in the development of new products and new and modified processes. These parameters are reviewed in all product/process safety reviews. 8. Employee Education and Product Use Feedback All employees who have potential to come in contact with products, raw materials or intermediates are thoroughly trained on the hazards and proper handling procedures and precautions of these materials. All sales and marketing technical services personnel are similarly trained for products, and in how to recognize and feedback information about how our products are used, and about potential misuse or adverse effects. We have a procedure in place to verify training and to initiate retraining. STLCOPCB4032472 9. Contract Manufacturers Assessments of all contract manufacturers are current and manufacturers have satisfactorily addressed any concerns. Handling, use, recycling and disposal information is updated as appropriate and provided promptly to manufacturers. 10. Suppliers All suppliers of chemical products are following health, safety and environmental practices consistent with CMA Responsible Care Codes. Solutia purchasing agents are familiar with Product Stewardship principles, factor adherence to these principles into purchasing decisions and require appropriate health and environmental safety data from suppliers. 11. Distributors All distributors are confirmed as following health, safety and environmental practices consistent with CMA Responsible Care Codes, the National Association of Chemical Distributors Product Stewardship Code, or an equivalent program. 12. Customers and Other Direct Product Receivers We approve all known uses of our products and have in place a process to identify unapproved uses. We provide health, safety and environmental information to direct product receivers, and work with them, commensurate with product risk, to foster proper use, handling, recycling, disposal, and transmittal of appropriate information to downstream receivers. DSW 122525 STLCOPCB4032473 SOLUTIA INC. RESPONSIBLE CARE PRODUCT STEWARDSHIP SELF EVALUATION 1998 BUSINESS UNIT PRODUCT STEWARD DATE Category NA Category EV Category DP Category IA Category PP Category RI No action. If no action taken because the management practice is not applicable, please explain. Evaluating existing company practices against the Management Practice. Developing plan to implement Management Practice. Implementing action plan. Management Practice in place. Reassessing Management Practice implementation. DSW 122526 STLCOPCB4032474 MANAGEMENT PRACTICE 1: 1. LEADERSHIP: Demonstrate senior management leadership through written policy, active participation and communication. Comments on Category NA: _________________________________________ Stage Of Im Cementation NA EV DP IA PP RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 1. PP = CEO serves as champion and plays a highly visible role in implementing Product Stewardship. Written corporate policy in place and supported by business General Managers. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 1.22527 STLCOPCB4032475 MANAGEMENT PRACTICE 2: 2. ACCOUNTABILITY and PERFORMANCE MEASUREMENT: Establish goals and responsibilities for implementing product stewardship throughout the organization. Measures performance against these goals. Comments on Category NA: Stage Of Im]plementation NA EV DP IA PP RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE fPP): 2. PP = Product Stewards actively involved in business teams and Product Stewardship fully incorporated into business plans and goals. Business management knowledgeable and supportive of Product Stewardship. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122528 STLCOPCB4032476 MANAGEMENT PRACTICE 3: 3. RESOURCES: Commit resources necessary to implement and maintain product stewardship practices. Comments on Category NA: __________________________________ Stage Of Im] Cementation NA EV DP IA PP RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 3. PP = Product Stewardship properly resourced with people and funding, resulting in no delays to programs. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122529 STLCOPCB4032477 MANAGEMENT PRACTICE 4: Stage Of Im ilementation NA EV DP IA pp RI 4. HEALTH, SAFETY, and ENVIRONMENTAL INFORMATION: Establishes and maintains information on health, safety and environmental hazards and reasonably foreseeable exposures from new and existing products. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PPL 4. PP = Information available on all products to the satisfaction of corporate health and environmental scientists to permit assessment of risk to employees, customers and the environment throughout each product's life cycle. This includes information on exposures resulting from manufacture, use and disposal. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 0SW 122530 STLCOPCB4032478 MANAGEMENT PRACTICE 5: 5. PRODUCT RISK CHARACTERIZATION: Characterizes new and existing products with respect to their risk using information about health, safety and environmental hazards and reasonably foreseeable exposures. Establishes a system that initiates re-evaluation. Comments on Category NA: Stage Of Im]Cementation NA EV DP IA pp RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 5. PP = Current risk assessments (prepared by health and environmental scientists), exist for all products or product lines, and procedures are in place to assure periodic re-evaluation. (MSDS assessments, when conducted using well documented exposure data, fulfill this requirement.) Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW L2253T STLCOPCB4032479 MANAGEMENT PRACTICE 6; Stage Of Imj Cementation NA EV DP IA PP RI 6. RISK-MANAGEMENT SYSTEM: Establishes a system to identify, document and implement health, safety and environmental risk-management actions appropriate to the product risk. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 6. PP = All risks identified in Practice 5 above, are reduced to acceptable levels. A system is in place to identify changes which signal the need for in-depth review of an existing product's risk characterization and management. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122532 STLCOPCB4032480 MANAGEMENT PRACTICE 7; 7. PRODUCT and PROCESS DESIGN and IMPROVEMENT: Establishes and maintains a system that makes health, safety and environ mental impacts--including the use of energy and natural resources--key considerations in designing, developing and improving products and processes. Comments on Category NA: Stage Of Im Cementation NA EV DP IA pp RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 7. PP = Technology, marketing and manufacturing personnel follow procedures designed to make environmental protection, including health and environmental safety, energy conservation and waste minimization/safe disposal key considerations in the development of new products and new and modified processes. These parameters are audited in all product/process safety reviews. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122533 STLCOPCB4032481 MANAGEMENT PRACTICE 8: Stage Of Im]plementation NA EV DP IA PP RI 8. EMPLOYEE EDUCATION and PRODUCT USE FEEDBACK: Educates and trains employees, based on job function, on the proper handling, recycling, use and disposal of products and known product uses. Implements a system that encourages employees to feed back information on new uses, identified misuses or adverse effects for use in product risk characterization. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 8. PP = All employees who have potential to come in contact with products, raw materials or intermediates are thoroughly trained on the hazards and proper handling procedures and precautions of these materials. All sales and marketing technical services personnel are similarly trained for products, and in how to recognize and feed back information about how our products are used, and about potential misuse or adverse effects. We have a procedure in place to verify training and to initiate retraining. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 SW 122534 STLCOPCB4032482 MANAGEMENT PRACTICE 9: Stage Of Im Cementation NA EV DP IA PP Rl 9. CONTRACT MANUFACTURERS: Selects contract manufacturers who employ appropriate practices for health, safety and environmental protection for the operations under contract, or works with contract manufacturers to help them implement such practices. Provides information and guidance appropriate to the product and process risk to foster proper handling, use, recycling and disposal. Periodically reviews performance of contract manufacturers. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 9. PP = Assessments of all contract manufacturers are current and manufacturers have satisfactorily addressed any concerns. Handling, use, recycling and disposal information is updated as appropriate and provided promptly to manufacturers. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 sw 122535 STLCOPCB4032483 MANAGEMENT PRACTICE 10: Stage Of Im Cementation NA EV DP IA PP RI 10. SUPPLIERS: Requires suppliers to provide appropriate health, safety and environmental information and guidance on their products. Factors adherence to sound health, safety and environmental principles, such as those contained in Responsible Care, into procurement decisions. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 10. PP = All suppliers of chemical products are following health, safety and environmental practices consistent with CMA Responsible Care Codes. Solutia purchasing agents are familiar with Product Stewardship principles, factor adherence to these principles into purchasing decisions and require appropriate health and environmental safety data from suppliers. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 Sh 1^536 STLCOPCB4032484 MANAGEMENT PRACTICE 11: Stage Of Im] Cementation NA EV DP IA PP RI 11. DISTRIBUTORS: Provides health, safety and environmental informa tion to distributors. Commensurate with product risk, selects, works with and periodically reviews distributors to foster proper use, handling, recycling, disposal and transmittal of appropriate information to downstream users. When a company identifies improper practices involving a product, it will work with the distributor to improve those practices. If, in the company's independent judgment, improvement is not evident, then the company should take further measures--up to and including termination of the business relationship. This Management Practice should be implemented in conjunction with the Distribution Code of Management Practices. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 11. PP = All distributors are confirmed as following health, safety and environmental practices consistent with CMA Responsible Care Codes, the National Association of Chemical Distributors Product Stewardship Code, or an equivalent program. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122537 STLCOPCB4032485 MANAGEMENT PRACTICE 12: Stage Of Implementation NA EV DP IA PP RI 12. CUSTOMERS AND OTHER DIRECT PRODUCT RECEIVERS: Provides health, safety and environmental information to direct product receivers. Commensurate with product risk, works with them to foster proper use, handling, recycling, disposal and transmittal of appropriate information to downstream users. When a company identifies improper practices involving a product, it will work with the product receiver to improve those practices. If, in the company's independent judgment, improvement is not evident, then the company should take further measures--up to and including termination of product sales. Comments on Categoiy NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PPf: 12. PP = We approve all known uses of our products and have in place a process to identify unapproved uses. We provide health, safety and environmental information to direct product receivers, and work with them, commensurate with product risk, to foster proper use, handling, recycling, disposal, and transmittal of appropriate information to downstream receivers. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 SW 122538 STLCOPCB4032486 s E=& I3- Product Stewardship Responsibilities and Duties of a Product Steward June 6.1998 General: Maintain an effective product stewardship program which is responsive to customer needs for the product or product line and provides people involved with sufficient information and training to manufacture, store, use and dispose of the product without harm to human health or the environment. LEADERSHIP: Understand Solutia commitment to product stewardship and ESH policy and practices ACCOUNTABILITY: Establish personal goals for the product stewardship program Encourage establishment of business team goals for product stewardship Guide the business team in product stewardship matters RESOURCES: Make budget proposals as appropriate for product stewardship needs Help obtain necessary agreement and funding for unexpected off budget items 0SW 122540 STLCOPCB4032488 ESH INFORMATION: Solicit information from customers on uses, possible misuses, disposal, and adverse effects for incorporation into the risk characterization process Understand product allegation and adverse effects reporting requirements and help assure that corporate policy for compliance is followed RISK CHARACTERIZATION: Understand the ESHA process Participate in product ESH reviews Be aware of and transmit new information on product use or possible adverse effects which would initiate reassessment 6. RISK MANAGEMENT: Participate in the development of a product risk management plan Participate in the review of product literature, MSDS, and labels Implement customer oriented portions of the risk management plan Participate in product incident investigations PRODUCT AND PROCESS DESIGN: Understand the NPPD process and the manufacturing process improvement processes Help implement product stewardship activities where appropriate DSW 122541 STLCOPCB4032489 EMPLOYEE EDUCATION AND FEEDBACK: Conduct training on the principles of, and Solutia's commitment to product stewardship for Solutia customer contact people Conduct customer HazCom training where appropriate Solicit feedback on product uses and possible adverse effects from employees and customers Train other customer contact people on product uses and how to recognize misuses and possible adverse effects CONTRACT MANUFACTURERS: Understand Solutia policy and practices regarding contract manufacturers Provide product stewardship advice to business teams on contracting decisions SUPPLIERS: Work with suppliers if necessary to obtain product stewardship information _ DSW 122542 STLCOPCB4032490 Page 4 j DISTRIBUTORS: Make sure distributors understand our product stewardship commitment, policy, and practices Provide product ESH information to distributors, and encourage them to pass on to their employees and customers Evaluate distributor performance with respect to product stewardship principles CUSTOMERS: Make sure customers understand our product stewardship commitment, policy, and practices Provide ESH information to customers and encourage them to pass on to their employees and any downstream users of our product. Work with customers to foster proper use, handling, and disposal of our products. Evaluate customers ability to handle our product properly Evaluate and implement corrective action if improper product stewardship practices are identified and not rectified OSW 122543 STLCOPCB4032491 Solutia's Commitment to Product Stewardship Resourcing Product Stewards for all of our businesses in order to support our customers and markets in which they participate Making available information on all products concerning health, safety and environmental hazards and reasonably foreseeing exposures from new and existing products Characterizing and making available risk assessments for all products and product lines Improving our products and processes using key health, safety and environmental considerations Procuring raw materials only from suppliers whose health, safety and environment practices are consistent with Responsible Care Partnering with distributors and contract manufacturers only when they operate according to health, safety and environmental guidelines that are consistent with Responsible Care and formally approved by Solutia Making Material Safety and Data Sheets available and all other health, safety and environment information "~ Understanding where our products go to assure they are used responsibly through their entire life cycle DSW 122544 STLCOPCB4032492 Product Stewardship RESPONSIBILITIES 1. The Product Safety Manager now oversees or performs: Development of Health and Environmental Data Base Product Risk Management New Product Risk Assessment (ESHA Process) Continuous Risk Assessment for Existing Products Customer and Employee Outreach Prepare and Disseminate MSDSs Answer Questions Health, Safety and Environmental Regulatory Compliance Visits on case-by-case basis Regulatory Compliance OSHA Hazard Communications (MSDSs) TSCA FDA FIFRA Product Stewardship Regulatory Compliance (continued) State Right-To-Know Laws Miscellaneous Chemical Regulation Programs Product Specific Issue Management Represents Monsanto on Trade Associations Interaction with Regulatory Contractors UL NSF NFPA ASTM t 'r s z n MSa Product Stewardship 2. The Product Stewardship Program demands more: Employee education Outreach to: - Contract Manufacturers - Suppliers - Distributors - Customers Feedback from customers Product Stewardship 3. Product Stewards will increase our ability to contact or educate: Employees Distributors Customers Extend our culture to those who receive our products. i Product Stewardship 4. Product Stewards will need a basic knowledge of: Goals of the Product Stewardship Program Regulations - TSCA - OSHA Haz Com/State RTK - FIFRA - FDA Fundamentals of preparing and interpreting an MSDS and label Understanding of Monsanto's risk assessment process What resources are available to help Potential hazards of assigned products Issues involving assigned products O-4' in in IN (3A Q STLCOPCB4032497 X Product Stewardship 5. Product Stewards will need to know how our customers and distributors: Use our products Handle our products in their plant Dispose of our product Comply with regulations DSW U 2 5 5 1 Product Stewardship 6. Product Stewards will provide: Assistance to customers and distributors on risk management practices and compliance issues: Comfortable with customers' use of our products Ambassador to our customers Tailored to business, hazards, exposure of product Input to Product Safety on: Health and safety reviews MSDS preparation New applications of products Product misuse DSW 1 2 2 5 5 2 Product Stewardship RESPONSIBILITIES/DUTIES OF PRODUCT STEWARD 1. Maintain an effective stewardship program for the product and provide people (internal and external) involved with the product, with sufficient information and training to manufacture, store, use, and dispose of the product without harm to human health or the environment. 2. Participate in appropriate product health, safety and environmental reviews (product risk characterization) and initiate recommended follow-up action (risk management). 3. Participate in the review of product literature, MSDSs, and labels. 4. Work with field sales to foster reporting of information on new uses and identified misuses or adverse effects of our products for incorporation into the risk characterization process. Product Stewardship RESPONSIBILITIES/DUTIES OF PRODUCT STEWARD (Cont.) s N <N/ H jE * 5. Commensurate with product risk, work with customers, distributors, and other product receivers to foster proper use, handling, recycling, and disposal practices. 6. Participate in the selection of contract manufacturers and work with them to foster their meeting Monsanto health, safety and environmental standards relevant to the operations under contract. 7. Coordinate with Purchasing and R&D to require chemical suppliers to provide appropriate health, safety and environmental information and guidance on their products. 8. Participate in the investigation of product-related health, safety and environmental incidents and initiation of appropriate corrective action. SOLUTIA INC. RESPONSIBLE CARE PRODUCT STEWARDSHIP SELF EVALUATION 1997 BUSINESS UNIT PRODUCT STEWARD DATE Category NA Category EV Category DP Category IA Category PP Category RI - No action. If no action taken because the management practice is not applicable, please explain. Evaluating existing company practices against the Management Practice. Developing plan to implement Management Practice. Implementing action plan. Management Practice in place. Reassessing Management Practice implementation. 0 S ini 122554 STLCOPCB4032502 MANAGEMENT PRACTICE 1; 1. LEADERSHIP: Demonstrate senior management leadership through written policy, active participation and communication. Comments on Category NA: Stage Of Implementation NA EV DP IA PP RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (TP): 1. PP = Champion appointment at vice-presidential level and playing a highly visible role in implementing Product Stewardship. Written policy in place for Solutia and well understood by General Managers. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 1-2 2 5 5.5 STLCOPCB4032503 MANAGEMENT PRACTICE 2: 2. ACCOUNTABILITY and PERFORMANCE MEASUREMENT: Establish goals and responsibilities for implementing product stewardship throughout the organization. Measures performance against these goals. Comments on Category NA: Stage Of Implementation NA EV DP IA PP RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE fPPI: 2. PP = Product Stewards actively involved in business teams and Product Stewardship fully incorporated into business plans and individual goals. Business directors and managers knowledgeable and supportive of Product Stewardship. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122536 STLCOPCB4032504 MANAGEMENT PRACTICE 3: 3. RESOURCES: Commit resources necessary to implement and maintain product stewardship practices. Comments on Category NA: ___________________________________ Stage Of Implementation NA EV DP IA PP RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP1: 3. PP = Product Stewardship properly resourced with people and funding resulting in no delays to programs. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122557 STLCOPCB4032505 MANAGEMENT PRACTICE 4: Stage Of Implementation NA EV DP IA PP RI 4. HEALTH, SAFETY, and ENVIRONMENTAL INFORMATION: Establishes and maintains information on health, safety and environmental hazards and reasonably foreseeable exposures from new and existing products. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 4. PP = Information available on all products to satisfaction of health and environmental scientists to permit assessment of risk to employees, customers and the environment throughout each product's life cycle. This includes information on exposures resulting from use and disposal. Business-Specific Definition Of Practice In Place Rationale For Ratine Highlights Of 1997 Results Action Plans For 1998 DSW 122558 STLCOPCB4032506 MANAGEMENT PRACTICE 5: 5. PRODUCT RISK CHARACTERIZATION: Characterizes new and existing products with respect to their risk using information about health, safety and environmental hazards and reasonably foreseeable exposures. Establishes a system that initiates re-evaluation. Comments on Category NA: Stage Of Implementation NA EV DP IA PP RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 5. PP = Current risk assessments (evaluated by health and environmental specialists), exist for all products or product lines, and procedures are in place to assure periodic re-evaluation. (Complete MSDS assessments, when conducted using well documented exposure data, fulfill this requirement.) Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 SW 1-2255,9 STLCOPCB4032507 MANAGEMENT PRACTICE 6: Stage Of Implementation NA EV DP IA PP RI 6. RISK-MANAGEMENT SYSTEM: Establishes a system to identify, document and implement health, safety and environmental risk-management actions appropriate to the product risk. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE fPPf: 6. PP = All risks not clearly de minimus, identified in 5. above, are reduced to acceptable levels. Program in place to provide special in-depth review of use, risk evaluation and risk management for selected products. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122560 STLCOPCB4032508 MANAGEMENT PRACTICE 7. 7. PRODUCT and PROCESS DESIGN and IMPROVEMENT: Establishes and maintains a system that makes health, safety and environ mental impacts--including the use of energy and natural resources--key considerations in designing, developing and improving products and processes. Comments on Category NA: Stage Of Implementation NA EV DP IA PP RI CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PPI: 7. PP = Technology and technical service groups follow procedures designed to make environmental protection, including health and environmental safety, energy conservation and waste minimization/safe disposal key considerations in the develop ment of new products and new and modified processes. These parameters are audited in all product/process safety reviews. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 SW 1^561 STLCOPCB4032509 MANAGEMENT PRACTICE 8: Stage Of Implementation NA EV DP IA PP RI 8. EMPLOYEE EDUCATION and PRODUCT USE FEEDBACK: Educates and trains employees, based on job function, on the proper handling, recycling, use and disposal of products and known product uses. Implements a system that encourages employees to feed back information on new uses, identified misuses or adverse effects for use in product risk characterization. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE fPP): 8. PP = All employees who have potential to come into contact with products, raw materials or intermediates are thoroughly trained on the hazards and proper handling procedures and precautions of those materials. Procedure in place to verify training and to initiate retraining. All sales, marketing and marketing technical services personnel trained similarly for products, and in how to recognize and feed back information about how our products are used, and about potential misuse or adverse effects. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122562 STLCOPCB4032510 MANAGEMENT PRACTICE 9: Stage Of Implementation NA EV DP IA PP RI 9. CONTRACT MANUFACTURERS: Selects contract manufacturers who employ appropriate practices for health, safety and environmental protection for the operations under contract, or works with contract manufacturers to help them implement such practices. Provides information and guidance appropriate to the product and process risk to foster proper handling, use, recycling and disposal. Periodically reviews performance of contract manufacturers. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (TP): 9. PP = Assessments of all contract manufacturers are current and manufacturers have satisfactorily addressed any concerns. Handling, use, recycling and disposal information to manufacturers is routinely updated to reflect regulatory or other changes. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSVi 12256.3 STLCOPCB4032511 MANAGEMENT PRACTICE 10: Stage Of Implementation NA EV DP IA PP RI 10. SUPPLIERS: Requires suppliers to provide appropriate health, safety and environmental information and guidance on their products. Factors adherence to sound health, safety and environmental principles, such as those contained in Responsible Care, into procurement decisions. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE fPPI: 10. PP = All suppliers of chemical products are following health, safety and environmental practices consistent with CMA Responsible Care Codes. Solutia purchasing agents are familiar with Product Stewardship principles, factor adherence to these principles into purchasing decisions and require appropriate health and environmental safety data from suppliers. Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122564 STLCOPCB4032512 MANAGEMENT PRACTICE 11; Stage Of Implementation NA EV DP IA PP RI 11. DISTRIBUTORS: Provides health, safety and environmental informa tion to distributors. Commensurate with product risk, selects, works with and periodically reviews distributors to foster proper use, handling, recycling, disposal and transmittal of appropriate information to downstream users. When a company identifies improper practices involving a product, it will work with the distributor to improve those practices. If, in the company's independent judgment, improvement is not evident, then the company should take further measures--up to and including termination of the business relationship. This Management Practice should be implemented in conjunction with the Distribution Code of Management Practices. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE (PP): 11. PP = All distributors confirmed as following health, safety and environmental practices consistent with CMA Responsible Care Codes. . Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 -DSW llZ365 STLCOPCB4032513 MANAGEMENT PRACTICE 12: Stage Of Implementation NA EV DP IA PP RI 12. CUSTOMERS AND OTHER DIRECT PRODUCT RECEIVERS: Provides health, safety and environmental information to direct product receivers. Commensurate with product risk, works with them to foster proper use, handling, recycling, disposal and transmittal of appropriate information to downstream users. When a company identifies improper practices involving a product, it will work with the product receiver to improve those practices. If, in the company's independent judgment, improvement is not evident, then the company should take further measures--up to and including termination of product sales. Comments on Category NA: CRITERIA FOR MANAGEMENT PRACTICE IN PLACE fPP!: 12. PP = We know and approve of all uses of our products, and we have verification that all product receivers have received and understand our MSDS. . Business-Specific Definition Of Practice In Place Rationale For Rating Highlights Of 1997 Results Action Plans For 1998 DSW 122566 STLCOPCB4032514 DSW 122567 STLCOPCB4032515 MARKETINGTHE ADDEDVALUEOF PRODUCT STEWARDSHIP PRODUCT STEWARDSHIP CODE WHAT is this all about? Sales no longer depend on just the price of the product. Changing customer needs and expectations about health, safety and the environment have opened the door for sales and marketing professionals to become more than just the people who sell the product. You have an opportunity to become an indispensable information resource to your customers and, at the same time, a critical link in helping the chemical industry improve its performance related to health, safety and the environment. This is Responsible Care^fe Product Stewardship Code. WHO is responsible forProduct Stewardship? Everyone involved with the product. That includes sales and marketing professionals and others who have direct customer contact and have the unique responsibility of helping ensure that end users--distributors and customers--understand the proper use, handling, storage, transport and disposal of products. You aren't expected to be the expert on everything, but as the principle link to customers, you are the eyes and ears of your company. WHY is Product Stewardship so important? It's good business. When sales and marketing professionals help their customers meet safety, health and environmental needs and regulations, they bring added value to the product sale. And you will reap the personal satisfaction of playing a direct role in the proper management of a product. HOW doyouputProduct Stewardship into action? That's what this booklet will tell you. Read on... co o. tfi rvi <3SEt Q STLCOPCB4032516 4pagegjg^ Marketing the Added Value ot Product Stewardship Consider the possibilities. As sales and marketing professionals, you are the key link between your company and your customer. You are the conduit for information--going both ways. You have a vital role in ensuring that the chemical industry's commitment to safely, health and environment gets put into action at every stage in the product lifecycle. And the Responsible Care'* . Product Stewardship Code gives you the tools you need to make it happen. Communication Is key to leadership In the Informatton age. In today's economy, communication is a valuable resource--sometimes as precious as the product itself. And your customers know it. They need a sales person who can serve as a reliable information resource: someone who can tell them how the product should be used, handled, stored and disposed of. That's what your role in Product Stewardship is about: effective, two-way communication. Smart customers understand the value of such communication. It helps them anticipate problems. It helps them avoid regulatory compliance snags. Product Stewardship gives them--and you--a competitive edge in a tough market. But one-way communication--where all the information goes from your company to your customer--is only half of what communication can do. Part of Product Stewardship is to help sales and marketing professionals facilitate two-way communications--to help you learn from your customers, listen to your distributors and relay that information back to your company so that products can be tailored to fit real-world uses. Two-way communication helps your company make products that are safer, more protective of the environment and more customized. It helps to ensure that end users handle your product responsibly. Two-way communication creates responsibilities, but it also creates opportunities and opens doors. II all comes down lo Added Value lor the customer. In the end, Product Stewardship makes your company more responsive and your customer more responsible. It allows sales and marketing professionals to offer clients a broader range of services and a better understanding of their needs--all for the same cost. And that's value added. Product Stewardship How Do You Start? Here's a 3-Polnt Plan: H-- 1. Get Educated... I Know your products. Know your customers. Then JMSm bridge the gap. Expertise will allow you to provide outstanding service to your customers and useful feedback to research and development (R&D) and health, safety and environmental (HSE) staff at your company. 2. Keep an Eye Out.. Safety is money in the bank--for everyone: Help customers avoid health and environmental incidents and costly accidents by looking for signs and warnings of unsafe practices and product uses. Careful observation will tell you when your customers and distributors may need additional guidance or when your company needs to re-evaluate product use and associated risks. 3. Close the Feedback Loop... Relay important observations and information to the right people in your company. With up-to-date information, your company's R&D and HSE staff can respond to potential problems by improving products and product information. Better products and better customer service mean increased sales. t o ion INJ <\J o3o Q STLCOPCB4032517 Some specifics... A breakdown of the 3-Point Plan Step 1. Get Educated Education starts with a keen understanding of your own company and products, then expands to learning about the operations of your customers. At first, your customers and distributors may be sensitive about sharing the information that effective Product Stewardship requires. Be considerate of this. Work closely with your contacts or their management to ensure they understand the goals and importance of Product Stewardship. It takes partnership, but it adds value. Do you know your product Inside and out? Know your products. Understand their labels, MSDS information and intended use. Be sure you can discuss hazards, warnings and precautionary measures with your customers. Are your distributors passing this information on to their customers? Ask company experts to fill you in on proper uses, foreseeable exposures and appropriate handling, storage and disposal methods of the products you sell. Make sure your marketing materials are accurate, easy to read, consistent with the MSDS, and relevant to customer needs. Have them reviewed by your company's HSE and legal departments. Know the names of company experts so you can pass them on to customers with questions you cannot answer. Do you know how customers and distributors use your products? Product misuse could lead to health, safety, environmental and regulatory problems for your customer. You can help them avoid trouble with proper information. New uses can mean new opportunities - or new problems. Let your company's experts know about new or previously unknown uses of a product so they can re-evaluate safety procedures, or possibly modify the product to better suit the customer's needs. Some uses need high-priority attention. For example, when a product is associated with human consumption, implants, direct food contact or extended environmental contact, let company experts know so they can study potential risks and proper management. You do have some control over end uses. If you become aware that a customer is unwilling or unable to use your product safely, your company can take corrective action - up to and including termination of product sale. You may help your company avoid serious incidents or liability issues. Listen for problems. Learn if your customers and distributors have encountered problems in handling, use or disposal of your products. Llisten carefully and respond appropriately. Be aware of your customers' and distributors' normal product volume changes in volume may indicate changes in use patterns. o r>. in IN) o2o Q STLCOPCB4032518 Can you bridge the gap? Ask if customers would like special training in working with your products. Consider bringing company experts with you on sales calls. They can answer questions and gather important information. You can play a role in determining whether your customers are receiving the safety information and MSDS materials. Customers and distributors may repackage the product. Be sure the new labeling accurately reflects your company's product information. A survey can be an effective sales tool. Conduct a survey or hold a focus group to find out more about your customers' information needs. Customers recognize this as a commitment to serving their needs. Help out your distributors. Do they need guidance on providing information to their customers? Consider asking your company experts to develop a training course for your distributor. Step 2. Keep an Eye Out A visit to the customer is an opportunity to learn, not just to sell. If you see signs of unsafe practices, discuss it with the customer. If necessary, alert company experts in your company so they can reevaluate the safety and risk information you give customers when they purchase products. > Some examples ol questionable practices Include... Health allegations or reportable injuries resulting from using your products. Spills left unattended, scattered drums or pails or reckless forklift operations near chemical containers. Use of flammable products near an ignition source. Employees working in conditions that might lead to overexposure or signs of overexposure such as rashes, dizziness, etc. Employees ignoring warnings and safety precautions. r* f\J CaO: Q STLCOPCB4032519 >agefclfrg Step 3. Close the feedback loop Information is useless unless it's in the right hands at the right time. That's where you come in. Consider doing the following: Find out what information company experts want you to gather when you visit customers. Develop a system for collecting and documenting complaints and information on improper uses and relaying them to the right staff member in your company. Participate in regular product reviews and provide your insights on customer needs and market trends. Tell company experts about customer safety concerns, pass on suggestions for new products and uses, relay customer requirements for handling and storage. Such input can improve product design and decrease HSE impacts of the product. If you get the right information to the right people, you ensure better service for your customer. That's added value for them. And increased sales for you. Use Your Available Resources... If you have any questions about how your company is implementing the Product Stewardship Code, please contact your Responsible Care Coordinator. You may also wish to contact your marketing management. Additionally, CMA staff would be happy to help you with contacts of other member company representatives, so that you can talk with them about your experiences with Product Stewardship in the marketplace. Just call (202) 887-1279 2501 M Stfeol. NW Washington O.C 20037 202-887 U 00 Iff#* 2 g-* o"** -On io 3 o -a ^Q oC 5o. tfl 3 3. j 2--. oSL $Sj 53' 09 059 CO 3T o C "O ' c o 3J 2.0 (B c o. (/) -r CD *0 Ooo (A "cn* 3> S to Q3 CO 3 CD oO^C--Q O 2093: -3 3 03 -a*> o CD n 3o 0C33 0-3i TO O CO ^3 ScW<s"n5' o7=50T=r 3otoMS(A' to o O O g- I> 03 3 111 0j T33 .3^1 C"D "D o O= 3 o ;3 ' "O * a. S> 03 C/5 - "D <o 09 3 Q_ -o m o CO cn 3 03 - 5 O o (D O o CL *Ca>J -- T-J 3 09 "O 3 CD 0 2. sr Jii (A oo c g 1 "3 ss (A S?5- TM-5-^ 3TnWJ53J O o <A 3*0 =:.= -IX ^3 c3o c3o. (D ^ 3. CO s a5-->*' O 09 3 a CD a09 S5cL' tO-o" O CL _ 309 O CD CO I "5 O_ = < s 09 CD 09 O .Q -3* 09 3* c 2 *Q CD Qj --CD 3. S 3 CD CD CO <0 09 S-i3 g CD 0.09 : <D iSfcr o a> CD Sn I-g ? * O0) (3fl 3 c o' S CD CO 09 O Qj 3a- cCO 3 03 3 a 33* cui CD 1 o 09 2. c r-S I "C3 CD 03 M o 5T S' ^ j i- S -o o " S' hE? =5- O " "cs =r. o >23___- 13 --? Q3* CD CO n CT CO I* DSW 122573 STLCOPCB4032521 DSW 122574 STLCOPCB4032522 nPRODUCT STEWARDSHIP A CRITICAL MESSAGEFOR CRITICAL TIMES: Their's a new Ini// in Iho chemical Industry. It's nut a hell or a whistle. It's not a rebate program or a sale. It's an integral --part of the Responsible Care initiative called Product Stewardship. Product Stewardship seeks lo Improve the health and surety of people and the environment. It is Industry's commitment to making considerations of health, safety and environmental protection part or every product s lifecycle -- I'ruin design lo disposal. This commitment goes beyond the fence line-- from our suppliers, lo our distributors and lo our customers. It is also the most erilleal message our chemical industry has ever sent lo Its customers and PACKAGING communities. And you're the messenger. That's because its a stiles or marketing professional, you're the vital link between your comp;my and the customer. In the past, that link wtis built on your e.xperlise in product ivpirsenlallon and customer service. MANUFACTURING Itut today t htd link also selves tts a means lo inform your customer regarding the proper handling and use ol your company's products. That link tdso gives your company the Held Information it needs lo DESIGN implement risk management. The llcnellls of Product. Slctv;tr<lslii|> By helping your customers understand how to properly use, handle, store, transport and dispose or your products, you provide, benefits far beyond the feature list or a specific product selling point. It's called responsiveness. Meeting new and changing customer needs and expectations about, health, safely and the environment. A new entree to product discussion and comparison. Customers will remember the rep who talked with them about safely llrsl, SALES AND DISTRIBUTION price second. As you begin, you'll run Into the; skeptics. Some who won't, listen. Some who won't believe. But like everything worth knowing and having, I'induct Stewardship Is a concept worth the doubt of a few'. If In the long run. it makes a difference to the many. Product Stewardship is also good business for the long term. T Best, wtiy lo preserve customers longevity and ability to meet regulations. T Provides a "value added" to doing business with your company. This booklet, will Introduce you to lltc concepts of Product Stewardship, 'lb learn more, contact the RECYCLING AND disposal Chemical Manufacturers Association til (202)-H7-1277. mr in N <N 3 CO a STLCOPCB4032523 product Stewardship IMG THE PRODUCT LIFECYCLE: Tlit' I'mducl Stewardship (lode reflects the holistic nature of H pmdurl development. It examines a products lifecycle rmm Incept Ion In llnnl disposal. Comprised ol 12 separate Mnnagcmenl I'racllccs. at Its most basic level I'mducl Stewardship asks Ilia! einnpanles: Make health, safely and the environment key considerations In designing new products: I'rovldc euslniners with liilonnallon on pmper pitidnet use and disposal: and Develop pnslllvc lelallonshlps with eusloiners and maintain customer cnnlarl to ideality llieir needs. lb achieve lliese finals, yon mnsl help by I .earning almul pmper pnnlnel use. Woikin** closely vvllli illslilliiiliirs. and Informing youmislomers. PRODUCT STEWARDSHIP CODE `i >.. .W*" (:.b ! I ^^e,Q^I|{0^0^kn^I^ti^letirar^if);Cide.prManagemehl: Practices '. environmental. protection an integral part of ^^^!^^^Fn^ufb0S^h'sl!;ih^kecihe(^<li^tribuUne;,iislng.'recycIlng and disposing: 5^9CjPMs|l^^^"!'^-aJ^^i^^iP.1f'^dea'e^ldahce; M'rwell as a means to measure ^jeont . ... .. . Ay-The Scope>of the .code covers allstages of a product's life. Successful I ^Implementation Is a shared responsibility. Everyone Involved with the product i has responsibilities to address socletyh. Interest In a healthy environment and In products that'can be used safely. All employers are responsible for providing a I ; safe workplace,: and all who use and handle products must follow safe and : environmentally sound practices. : : ' ' . . r.y r .-'vv;?;:* ' r-; ' '' I. f The code recognizes that each company must exercise Independent |udgment ~ and discretion to successfully apply the code to Its products, customers and ; ; business. ; fr l ` Each company shall have an ongoing product stewardship process that: LEADERSHIP Demonstrates senior management leadership through written policy, active participation and communication. ACCOUIYTABILITY AND PERFORMANCE MEASUREMENT Establishes goals and responsibilities for Implementing product stewardship throughout the organization. Measures performance against these goals. RESOURCES Commits resources necessary to Implement and maintain product stewardship practices. HEALTH, SAFETY AND ENVIRONMENTAL INFORMATION Establishes and maintains Information on health, safety and environmental hazards and reasonably foreseeable exposures horn new and existing products. PRODUCT RISK CHARACTERIZATION Characterizes new and existing products with respect to their risk using I Information about health, safety and environmental hazards and reasonably foreseeable exposures. Establishes a system that Initiates re-evaluallon. RISK-MANAGEMEIVT SYSTEM Establishes a system to Identify, document and Implement health, safety and environmental risk-management actions appropriate to the product risk. PRODUCT AND PROCESS DESIGN AND IMPROVEMENT Establishes and maintains a system that makes health, safely and environmental Impacta-lncludlng the use of energy and natural resourecs-key considerations In designing, developing and Improving products and processes. CM CoSOt DO O oCL O CO purt <M CM </) a PRODUCT STEWARDSHIP WHATYOUCANDO: mc(nii; KM)\\n:iMii;\mi;: T l .cam about (lie. hazards, proper luimlling, use, recycling and ( your company's pmducls. T As you am trained, lie sensitive lo Mow your customers might read to your pmducl s handling Information. Am warning messages simple, clear and slmngly wonled? Is handling and use lurorinallon easy to IIikI and uudcistuud? Is the typeface hold enough lo send a message or importance? Can you see ways In which your customer may deviate hum standard practice? T I'ass concerns and suggestions lor Improvement directly hack lo your munugcmenl. monk unii tout distributors: I Iclp distrihuiors by pmvldiug up-to-date lirallh. safely and environmental lurorinallon. lie pmpurrd lor (|ueslions they might have. Ask your distributors what they need from you. Work with your distrihuiors lo improve their practices and help them keep pace will) changing leclmology. T encourage your distributors to puss health, safely ami environmental Inlormallim on lo llieir customers. Callin' valuable feedback about their knowledge or end-user pmhlems or misuse. I'ass lids information directly on to your managemenl. 111:1.1* Mil It CUSTOMERS: T When visiting customer facilities, lake lime to tell your customers about pmper handling, use. recycling, dlsimsul and storage. I lelp pivvenl accldenls before lliey happen by warning your customers of the hazards of product misuse. Ihke note of llieir personal rx|HTicurc with tin? pmducL. and as always, make suit' Ibis information is mlayed lo your company's risk assessment and KM) personnel. These act Miles can help Improve your offering to your customers. PRODUCT STEWARDSHIP CODE EMPLOYEE EDUCATION AND PRODUCT USE FEEDBACK Educates and trains employees, based on job function, on the proper handling, recycling, use and disposal of products and known product uses. Implements a system that encourages employees lo feed back information on new uses, Identified misuses or adverse effects for use In product risk characterization. CONTRACT IVfANUPACTIRERS Selects contract manufacturers who employ appropriate practices for health, safety and environmental protection for the operations under contract, or works with contract manufacturers to help them implement such practices. Provides Information and guidance appropriate to the product and process risk to foster proper handling, use. recycling and disposal. Periodically reviews performance of contract manufacturers. SUPPLIERS Requires suppliers to provide appropriate health, safely and environmental Information and guidance on their products. Factors adherence to sound health, safety and environmental principles, such as those contained In Responsible Care, Into procurement decisions. DISTRIBUTORS Provides health, safety and environmental Information to distributors. Commensurate with product risk, selects, works with and periodically reviews distributors lo foster proper use, handling, recycling, disposal and transmittal of appropriate Information to downstream users. When a company Identifies Improper practices Involving a product, It will work with the distributor to improve those practices. If, In the company's independent judgment. Improvement Is not evident, then the company should take further measures--up lo and Including termination of the business relationship. This Management Practice should be Implemented In conjunction with the Distribution Code of Management Practices. CUSTOMERS AND OTHER DIRECT PRODUCT RECEIVERS Provides health, safety and environmental Information lo direct product receivers. Commensurate with product risk, works with them to foster proper use. handling, recycling, disposal and transmittal of appropriate Information to downstream users. When a company identifies Improper practices Involving a product. It will work with the product receiver to Improve those practices. If, In the company's Independent judgment. Improvement Is not evident, then the company should lake further measures--up to and Including termination of product sale. 122577 s. 00 a In 1900, CMA's Board of Directors adopted an initiative called Responsible Care : A Public i Commitment. Responsible Care, an obligation of CMA ! membership, calls for continuous Improvement by the chemical Industry in health, safety and environmental performance and increased dialogue with the public. Responsible Care includes six Codes of Management Practices that provide specific objectives for emergency response, community dialogue, pollution prevention, process safety, distribution safety, worker health and product stewardship. For more information on the Product Stewardship Code or the Responsible Care* Initiative, contact the Chemical Manufacturers Association 2501 M Street, NVV Washington DC 20037 (202) 087-1157 CHEMICAL MANUFACTURERS ASSOCIATION ResponsibleCare* Aftiblic Commitment DSW 1,225 7,9 STLCOPCB4032527 Policy: No Undue Risk of Harm to: Employees Customers Consumers Environment During the Products Life Cycle lllll OSW 122580 STLCOPCB4032528 Definition of Life Cycle: Research Development Manufacture Processing Use Recycle Disposal J I jgf* * ,DSW 122581 STLCOPCB4032529 Work toward negligible risk Obey all laws and regulations j I JJRIIII OSW 122582 STLCOPCB4032530 Premises: Nothing is without risk. Careful evaluation is required. Process is never complete. Risk assessment is required for good business decisions. mill DSW 122583 STLCOPCB4032531 Factors determining risk: a. Product quantity b. Number of people exposed c. Routes of exposure d. Releases to environment e. Persistence in environment f. Mammalian toxicity g. Ecotoxicity h. Ultimate fate i. Potential misuse jjiiait DSW 1225,34 STLCOPCB4032532 RESPONSIBILITY AND ACCOUNTABILITY: BUSINESS GROUPS are ACCOUNTABLE PRODUCT SAFETY & PRODUCT STEWARDS are RESPONSIBLE d ! DSW 122585 STLCOPCB4032533 ULTIMATE JUDGE - SENIOR CORPORATE MEDICAL DIRECTOR j B Hill *^586 STLCOPCB4032534 Solutia ESHA Process Formal assessment of product safety Prompts creation or update of MSDS Consists of 5 levels consistent with product/process development process Level 1 - very similar to known reference Level 2 - limited scale R&D evaluation Level 3 - undergoing commercialization Level 4 - final approval for commercialization Level 5 - reapproval of existing product ESHA Level 1 Determine if new or modified product is sufficiently similar to existing reference material that no additional assessment needed Prompts creation of commercial MSDS equivalent to reference material Review and approval: - manager, product stewardship ESHA Level 2 Approval for R&D evaluation of limited quantities of new or modified product (new ingredient) outside synthesizing laboratory; begins the identification of testing needs Prompts creation of R&D MSDS Review and approval: - toxicologist - manager, product stewardship ESHA Level 3 Approval to proceed with commercial development of novel product and to define comprehensive ESH data needs (testing may require several months) May prompt creation of commercial MSDS Review and approval: - toxicologist - environmental scientist - manager, product stewardship ESHA Level 4 Final approval for full-scale product commercialization, including MSDS Review and approval: -toxicologist - environmental scientist - manager, product stewardship -other ESH professional if appropriate May be waived if Level 3 assessment answers all questions ESHA LEVEL 5 Assessment of existing product after several years of sales and use, to confirm validity of previous approvals For many products the 3-5 year MSDS review process qualifies as ESHA 5; in any case includes update of MSDS Review and approval - formal ESHA 5: - same as level 4 plus various director-level ESH and commercial representatives DSW 122588 STLCOPCB4032536 ESHA Form (E-mail Compatible Word Document) Administrative/sign off page Product identity and composition Physical and chemical properties Product manufacture and use Regulatory information ESH test result summaries Ingredient MSDS Final Comments on ESHA Approvals are limited to requested countries/regions Product developer should forwam commercial reps in applicable countries Product developer encouraged to have early and frequent dialog with manager, product stewardship Plants have independent review and approval process for new raw materials QSW 122589 STLCOPCB4032537 Measurement of ESHA Process: Reduction of impact on ESH from Solutia products Improved documentation and recordkeeping: Compliance with internal policy and j legal requirements j | I Exposure potential t I I Jlllllll OSW 122590 STLCOPCB4032538 la 'wm Availability of adequate ESH data to ultimate product receiver. Early review and identification of products that do not meet ESH standards. Understanding of ESH impacts of products throughout life cycle and related to business decisions. Timely commercialization via a well orchestrated ESHA process. Differentiation of Solutia products in the marketplace because of superior ESH characteristics or information. J a I I I Clarity in assignments and accountability. I jjilllll DSW 12259,1 STLCOPCB4032539 Solutia ENVIRONMENTAL SAFETY & HEALTH ASSESSMENT (ESHA) SECTION 1 - COMPLETE BY INITIATOR: TO (PSM or ESHA Coord.)(Date) Check Level (Extent) of Review Required: 1 Minor Mod. 2 Limited 3 Extended Samples Sampling 4 Decision on Comm. 5 Existing Prod Review PRODUCT/PROCESSTO BE ASSESSED_______________________________ Synonyms: Locations: Lab/PlantI. H. Dept/Area Division / Business Group:' Product Classification (check): New Product__ New Component__ New Use_ Isolated lntermediate_ SignificantModification___ New Process___ By-Product. Submitted by:Loc./Phone SECTION 2: COMPLETE BY PRODUCT SAFETY ESHA No.: Reviewed by (PSM):;Date Forwarded:. DISTRIBUTION for LEVEL 1 : MSDS Preparation : Computer Entry : Regulatory Review :(if necessary) Europe Canada Other world areas :(if appropriate) :(if appropriate) :(if appropriate) DISTRIBUTION for LEVEL 2 (Level 1 plus): Toxicologist : Approved:. DISTRIBUTION for LEVEL 3 or 4 (Level 2 plus): Environ. Scientist :_____________________ Approved:. Environ. Prot. Mgr. (if necessary): Approved:. Safety Manager (if necessary): Approved: Approved by (PSM) :Level__________________________Date: Recommended for "Existing Product Review" no later than: Memo to Initiator; Date: SOLUTIA COMPANY CONFIDENTIAL This document contains confidential information which is the property of Solutia, Inc Only those portions of the document relevant to a duly authorized individual's need to know may be excerpted for him. The document must not be sent outside the Company without written approval and the authorized recipient is accountable for its safe keeping, excerpting or otherwise disclosing of its contents and for its proper disposal. DSM 122592 Rev. 5/6/96 STLCOPCB4032540 I. PRODUCT IDENTITY Complete by Initiator PRODUCT CHARACTERIZATION A. Product name B. Name product being modified and ECA No. of reference similar product_ C. Composition of product as sold (if modified product, attach additional page 2 with previous formulation). ATTACH MSDSs FOR ALL COMPONENTS IF ISSUE DATE IS OLDER THAN 2 YEARS, OBTAIN UPDATED VERSION FROM SUPPLIER AND FORWARD WHEN RECEIVED. Common/Trade Name Chemical Name Type* Empirical Formula CAS/MNumber % * Active Ingredient, Solvent, etc. DSW 122593 Rev. 5/6/96 STLCOPCB4032541 D. IF PRODUCT IS THE RESULT OF A CHEMICAL REACTION, LIST ALL REACTANTS. IF NOT APPLICABLE CHECK_____ Common/Trade Name Chemical Name Type* Empirical Formula CAS/MNumber % PLACE ASTERISK NEXT TO NAME AND NOTE ON ATTACHED SHEET ANY REGULATIONS TO WHICH COMPONENT IS KNOWN TO BE SUBJECT Physical/chemicalproperties: AppearanceOdor Physical State. Viscosity pH____ _ VOC content by EPA Method 24___________ Specific Gravity < C Vapor Pressure C Solubility in H20 C Meltinq Point C Flash Point F via Method POLYMERS: Average Molecular WeightRange% below 500% below 1000. DSW 122594 Rev. 5/6/96 STLCOPCB4032542 Complete by Initiator LEVEL 2 PRODUCT ASSESSMENT (Research and Development Samples) Enter estimates where facts may not yet be known and mark with (E). III. PRODUCT MANUFACTURE & USE (complete by Initiator) No. of sites for manufacture Estimated annual volume (or range)(bold) <1000kg 1000-10,000kg 10,000-100,000kg > 100,000kg Probable location(s) of process What countries will product be manufactured or sold?;'; Number of samplesSample sizeNumber of customers No. people exposed Product use(s) How will product be handled? Known hazardous decomposition products IV. REGULATORY INFORMATION (complete by Product Safety) Will this product require any registration or notification?_____________ If yes, indicate which country Inventories: ________________________ Other registrations: Food____ Drug_____ Pesticide,____ USDA____ Private Certification(s): For which of these are there special data requirements?___________ Is product or any of its components on any Federal or State Regulatory or Advisory lists? DSW 12259,5 Rev. 5/6/96 STLCOPCB4032543 Complete by Initiator LEVEL 3 PRODUCT ASSESSMENT IF YOU HAVE PREVIOUSLY SUBMITTED A LEVEL 2 ASSESSMENT, USE THIS PAGE TO PROVIDE NEW AND UPDATED INFORMATION OR RESUBMIT REVISED PAGES. IF THIS IS YOUR FIRST SUBMISSION FOR THIS PRODUCT, COMPLETE PAGES 1-3 AND PROVIDE COMPLETE DETAILED RESPONSE TO QUESTIONS. IF Space is inadequate for detailed responses, provide information on additional pages I. UPDATED PRODUCT IDENTITY II. UPDATED PHYSICAL/CHEMICAL PROPERTIES III. PRODUCT MANUFACTURE (ATTACH FLOW DIAGRAM OF PROCESS) In what countries will this product be manufactured? Expected volume in 3-5 years Number of workers expected to be involved in production Will product be manufactured at a non-Solutia location? If yes, identify site and waste treatment plan Expected environmental releases from process________________________ Estimated volume from each release to airto water____________________ Expected waste products Expected disposal method Process(es) at location with similar waste Have alternate processes/raw materials been considered which could reduce waste ~ generation/health/environmental hazards? Have any adverse health effects been observed during product research or manufacture? Will an LP & EC review be required? IV. UPDATED PRODUCT USE List currently expected uses Estimated number of persons exposed In what countries will this product be sold? Releases during processing or use:_____________________________________________________ Product disposal method(s) after use or processing. OSW 1225.96 Rev. 5/6/96 STLCOPCB4032544 PRODUCT SAFETY CHECK LIST (Level 3 Review): After the Toxicologist and the Environmental Scientist have completed their review and issued evaluation memos, the Product Safety Manager (PSM) will review the entire package and determine if any additional information is required to complete the review. (The PSM will consult with the Environmental Protection Manager and Mgr, S&PP as required). The PSM will then summarize the requirements in a memo to the initiator. The following check list may prove helpful in this review: MANUFACTURING (Consult with Environmental Protection Mgr.) 1. Will new Industrial Hygiene guidelines or exposure data need to be developed? 2. Is the environmental fate of emissions known? 3. Are emissions (including contract manufacturing sites) expected to be a problem? 4. Does the product (or any components) appear on the priority pollutants list of chemicals? 5. Are there any regulatory constraints under EPA or DOT regulations? (SDWA, RCRA, etc.) 6. Are waste discharge or manufacturing permits (or revisions) expected to be required? 7. Are there reactive chemical concerns associated with storing or transporting the product? 8. Have potential spills been addressed? 9. What is the waste/100 lbs. of product? How has disposal been addressed? 10. Is process safety review necessary? PRODUCT USE (Product Safety Mgr.) 1. Can exposure to components of the product occur during customer processing? 2. Are there any Industrial Hygiene test data available? Do we need to develop? 3. Could exposure to components degradation products or emissions occur during consumer use? 4. What are potential product misuses? 5. Are there potential exposures during product misuses? 6. Are handling procedures described adequately to avoid mishandling of the product? 7. Could components leach from a landfill so as to cause exposure? 8. Could incineration of the product cause exposure to hazardous substances? 9. Could recycling of the end product cause exposure to hazardous substances? 10. Are there emissions to water when the product is used or disposed of? DSW 122597 Rev. 5/6/96 STLCOPCB4032545 Complete by Initiator LEVEL 4 ASSESSMENT THIS PAGE MUST BE COMPLETED, WITH INDICATED ATTACHMENTS, IN ADDITION TO PAGES 1 4, PRIOR TO COMMERCIALIZATION OF A NEW OR SIGNIFICANTLY MODIFIED PRODUCT, PROCESS, FORMULATION, USEFUL WASTE OR BY-PRODUCT OR NEW USE OF AN EXCISING PRODUCT. I. UPDATED PRODUCT CHARACTERIZATION Indicate any changes or updates from previously reported information concerning product composition, raw materials and physical/chemical properties which may have changed or may not have been previously available, including compatibility with water, acids, bases, solvents, (attach continuation sheet, if necessary) . . II. PRODUCT MANUFACTURE a) Show any changes or additions to previously reported process/raw material/mixture component information as well as impurities, wastes and emissions. Give latest estimate of manufacturing volume and number of persons exposed during manufacture. b) Show any changes in the level of air or water pollutants and/or waste products in comparison with processes used for similar previous products? III. PRODUCT USE List any product uses not previously described. IV. TEST RESULTS Attach summaries of any test data generated in response to recommendations following Level 3 review. . V. MSDS/LABELS Attach latest Safety Data Sheet and label text. VI. RESPONSE to SPECIFIC QUESTIONS Attach responses to any special environmental, safety, health or regulatory recommendations identified in Level 3 review. DSW 122598 Rev. 5/6/96 STLCOPCB4032546 STLCOPCB4032547 Risk Evaluation Consumer Product Functional Product Chemical Reactant Article o O' in <N <N 00 Q Industrial Hygiene Caution Warning Danger ------- Special Statements------- Increasing Risk DSW 122600 STLCOPCB4032548 Product Stewardship Proactive Measures Proactive Measures Toxic Substances V feDt n> DSW 122601 STLCOPCB4032549 TSCA Training Overview Historical perspective Role of Inventory of Chemical Substances Exemptions Recording and reporting requirements Existing chemical review Imports and exports * = significant difference in Canada/EU TSCA Overview U.S. chemical control law which covers most "industrial" chemicals Applies to products we manufacture or import, and to certain exports Important to Technology, Commercial Development and Manufacturing, but some provisions apply to all employees Many other countries now have similar chemical control laws Historical Perspective Legislation became effective January 1,1977 Intended to fill gaps between FDA and FIFRA Empowered EPA to evaluate and regulate existing and new chemicals Granted EPA broad authority to gather information, evaluate risks and take necessary steps to prevent unreasonable risk Focused on evaluating and reporting risk, and recordkeeping OSW 122602 1 STLCOPCB4032550 What's Expected of Individuals Violations of TSCA carry civil and criminal penalties Civil penalties up to $25,000/day, even for recordkeeping errors* Individuals must be aware of reporting requirements EPA allows individuals to discharge certain reporting requirements by notifying proper company authority Canada Environment Canada and Health Canada conduct risk assessment Up to $1M or 3 yrs imprisonment For imported chemicals not on DSL, the customer is at jeopardy Resources for Help Product Stewardship Managers Jim Downes Andre Aarts Jim Mieure David Tucker Rashmi Nair Beatrice Decelle Tony Sardella Jeff Felder (lead) TSCA hotline - 202-554-1404 EPA website - www.epa.gov OSW 122603 STLCOPCB4032551 Canadian Resources CEPA New Substance Notification: Janie Lauzon Monnet 547-1147 CEPA hot line (800)567-1999 European Resources Andre Aarts Monnet 772-1518 David Tucker Monnet 772-508 Beatrice Ducelle Monnet 772-1531 Role of Inventory A chemical must be on the inventory prior to commercial manufacture or import* Also applies to isolated intermediates* Initial inventory compiled in 1979, now has 74,000 substances 2000 chemicals added each year via PMN Public and confidential sections* Listing applicable only to discrete, unique chemicals, not mixtures or formulations Do not assume CAS# = inventory listing) Canadian Inventory Domestic Substances List (DSL) 23,000 substances NDSL - equivalent to 1991 TSCA inventory. Not on DSL but less stringent notification requirements OSW 122604 3 STLCOPCB4032552 Exemptions to Inventory FDA or FIFRA-regulated materials* Wastes By-products (no commercial value)* Impurities (unintentional)* R&D materials* Certain polymers* Non-isolated intermediates Articles EU has additional exemptions PMN Process* If new chemical not on TSCA Inventory and not exempt, Solutia must file PMN to add chemical PMN contains structural, physical property, manufacture, use and ESH data sufficient to allow preliminary assessment of risk Agency has 90 days in which to object, or company is free to manufacture or import for commercial purposes PMN Process (2) EPA can issue SNUR limiting new uses which could result in increased release of or exposure to chemical. A SNUR on a competitive product can also apply to Solutia products. Provision for including "pollution prevention" information which can lead to favorable consideration during EPA assessment PMN Process (3) Involve your Manager, Product Stewardship, early in the PMN planning Usually wise to have pre-notice conference with EPA PMN format now available for Word $2500 filing fee* Wise to file "bonifide intent to manufacture" notice to learn if substance on confidential inventory PMN Process (4) Improper chemical name is biggest source of rejection by EPA Apply to CAS to receive correct name and CAS # Must file notice of commencement of manufacture within 30 days, and resubstantiate any confidentiality claims Inventory Update* Required in 1998 and every 4 years for all manufacturers and importers of > 10,000 Ibs/year Information includes: -specificchemical identity -quantity manufactured or imported - is substance site-limited - name of technical contact -certification and CBI statements DSW 122606 STLCOPCB4032554 Inventory Update (2) Must specify quantities by site, although corporate aggregation is permitted Polymers, inorganics and naturally occuring substances are exempt EPA considering expanding scope to reduce exemptions and include chemical use data Retain records until next update Recording and Reporting For certain listed chemicals: - Section 8(a) - EPA can require manufacturer or processor to submit information on quantity produced or processed, amount released to the environment and estimated uses - Section 8(d) - EPA can require manufacturer or processor to submit all completed health and environmental safety studies and lists of ongoing studies Recording and Reporting For all chemicals manufactured, imported or processed: -Section 8(c) - companies must keep records of `allegations' of adverse effects no technical merit or substantiation needed - Section 8(e) - companies have 30 days* to report findings of `substantial risk* to health or environment - technical merit required Solutia has formal process for complying with both - details available early 1998 DSW L22607 STLCOPCB4032555 Imports* Importers required to certify that imports comply with or are exempt from TSCA (R&D chemicals are exempt) Chemicals not released from customs until certification signed Solutia uses brokers for compliance Brokers may contact you for clarification on your orders Exports* Companies required to notify EPA of first shipment each year of certain TSCA-regulated (Section 5, 6 and 7) substances, first shipment for Section 4 EPA then notifies receiving country's embassy Solutia operates an IT system linked to order/billing to provide compliance. If you bypass order/billing, notify us. Solutia ESHA Process Formal assessment of product safety Prompts creation or update of MSDS Consists of 5 levels consistent with product/process development process Level 1 very similar to known reference Level 2 - limited scale R&D evaluation Level 3 - undergoing commercialization Level 4 final approval for commercialization Level 5 reapproval of existing product DSW 122608 STLCOPCB4032556 ESHA Level 1 Determine if new or modified product is sufficiently similar to existing reference material that no additional assessment needed Prompts creation of commercial MSDS equivalent to reference material Review and approval: - manager, product stewardship ESHA Level 2 Approval for R&D evaluation of limited quantities of new or modified product (new ingredient) outside synthesizing laboratory; begins the identification of testing needs Prompts creation of R&D MSDS Review and approval: - toxicologist - manager, product stewardship ESHA Level 3 Approval to proceed with commercial development of novel product and to define comprehensive ESH data needs (testing may require several months) May prompt creation of commercial MSDS Review and approval: -toxicologist - environmental scientist - manager, product stewardship DSW 122609 STLCOPCB4032557 ESHA Level 4 Final approval for full-scale product commercialization, including MSDS Review and approval: - toxicologist -environmental scientist - manager, product stewardship -other ESH professional if appropriate May be waived if Level 3 assessment answers all questions ESHA LEVEL 5 Assessment of existing product after several years of sales and use, to confirm validity of previous approvals For many products the 3-5 year MSDS review process qualifies as ESHA 5; in any case includes update of MSDS Review and approval - formal ESHA 5: - same as level 4 plus various director-level ESH and commercial representatives ESHA Form (E-mail Compatible Word Document) Administrative/sign off page Product identity and composition Physical and chemical properties Product manufacture and use Regulatory information ESH test result summaries Ingredient MSDS OSW 122610 STLCOPCB4032558 Final Comments on ESHA Approvals are limited to requested countries/regions Product developer should forwam commercial reps in applicable countries Product developer encouraged to have early and frequent dialog with manager, product stewardship Plants have independent review and approval process for new raw materials Chemical Weapons Treaty Multilateral treaty signed by 160 countries Entered into force April 29,1997, after ratification by 65 countries As of September 15, 99 countries had ratified, including Canada and most EU Each country must pass enabling legislation and create regulations Definitions Chemical Weapons - toxic chemicals and their precursors Toxic Chemicals - chemicals which cause death, temporary incapacitation or permanent harm Precursor - any chemical reactant used in the production of a toxic chemical 0SW 1^26u STLCOPCB4032559 Categories Schedule 1 - chemical agents actually designed as weapons, having little commercial value Schedule 2 - precursors having commercial value Schedule 3 - precursors having legitimate commercial utility Discrete Organic Chemicals - organics except oxides, sulfides and carbonates Solutia Listed Chemicals Schedule 3 Chemicals: - Phosphorus Oxychloride - Phosphorus Trichloride * Discrete Organic Chemicals (DOC) Schedule 3 Requirements * Production, import and export volumes must be reported annually for plants producing > 30 tonnes/yr. Sites also declared as producing site. Sites subject to routine verification if production exceeds 200 tonnes/yr Governments also subject to various reporting requirements 1226d2 STLCOPCB4032560 Discrete Organic Chemicals All compounds of carbon except oxides, sulfides and metal carbonates: - chemical name -structural formula - CAS number Any chemical containing phosphorus, sulfur or fluorine DOC Requirements Must report if production of DOC > 200 tonnes/yr or if production of DOC containing phosphorus, sulfur or fluorine is > 30 tonnes/yr Subject to inspection after April 29, 2000 Specifics of Reporting U.S. reports will go to Department of Commerce Forms to be available on website (www.acda.gov) Commerce has not issued regs yet Volumes likely reported in ranges For Schedule 3 and DOC, probably report only for previous year DSW 122613 12 STLCOPCB4032561 Inspections Are Onerous Will consist of 20-21 people Allowed to see production and shipping records Site must provide 2 conference rooms and telephones Site must provide space for mobile lab Allowed to take photographs & samples Will include armed FBI agent Chemical Diversion & Drug Trafficking Act Applies to manufacturers, distributors, importers and exporters of listed substances List of substances includes several common chemicals Annual reporting required Listed Chemicals Benzaldehyde (list 1) Acetic anhydride Acetone Benzyl chloride Methyl ethyl & methyl isobutyl ketones Toluene Hydrochloric acid Sulfuric add DSW 122614 13 STLCOPCB4032562 Records Each regulated transaction - List 1 chemicals kept for 4 years - List 2 chemicals kept for 2 years Stored at site Readily retrievable and available for inspection Content of Records Name and shipping address of customer Date of transaction Name of chemical Quantity Form of packaging Method of transfer Report * Suspicious transactions - immediate Annually - aggregated quantity of each chemical -year-end inventory - aggregate quantity used internally - aggregate quantity going into exempted products DSW 122615 14 STLCOPCB4032563 Letter of the LAW 4 Toxic Substances Control Act: Recent Developments by Charles A. O'Connor III Elizabeth C. Brown and Dr. RobertJ. Israel S^barles A. O'Connor is a se nior partner and chair man of the Environmental Depart ment of the law firm McKenna & Cuneo. Elizabeth C. Brown is an associate with thefirm. RobertJ. Is rael, Ph.D., is director, Chemicals Division of Technology Sciences Group Inc. The Toxic Substances Control Act (TSCA) places on manufactur ers the responsibility to provide data on the health and environ mental effects of chemical sub stances and mixtures, and gives the U.S. Environmental Protection Agency (EPA) comprehensive au thority to regulate the manufacture, use, distribution in commerce and disposal of chemical substances. TSCA, enacted on Oct. 11,1976, has been amended three times and covers control of toxic substances, title I; asbestos hazard emergency response, title II; indoor radon abatement, title III; and lead-based paint exposure reduction, title IV. Unlike other federal statutes that regulate chemical risks after a substance has been introduced into commerce, the major objective of TSCA is to characterize and under stand the risks that a chemical poses to humans and the environ ment before it is introduced into commerce. Before undertaking regulatory action, however, TSCA requires that EPA balance the economic and social benefits derived from the use of a chemical against that chemi cal's identified risks. Thus, the goal of TSCA is not to regulate all chem icals which present a risk, but only those which present an "unreason able" risk of harm to human health or the environment. Importers of chemicals into the United States often find themselves in a precarious position. Under the Toxic Substances Control Act, they are considered the equivalent of chemical manufacturers and thus are subject to the most burdensome responsibilities under TSCA. The burden is compounded by the fact that TSCA is such a complex and demanding statute, and few com panies outside the U.S. are able to achieve sufficient expertise. Indeed, it is frequendy quite difficult for American companies to maintain high standards of compli ance, given the ever-changing re quirements of the law. This paper provides a brief overview of the TSCA requirements of interest to importers and exam ines their effect on chemical im porters. Key Provisions Toxic Substances Control Act requirements of concern to im porters include establishment and organization of the TSCA Inventory (Section 8(b)); adding new chemi cal substances to the TSCA Inven tory through the Premanufacture Notification process (Section 5); testing of existing chemicals (Secdon 4); data gathering information on the effects of chemicals on human health and, the environ ment, and exposure potential (Sec tion 8); regulation of chemicals 1 DSW 122616 STLCOPCB4032564 48 Chemical Times & Trends (Section 6); import certification re quirements (Section 13); and ex port notification requirements (Section 12). Subject to TSCA The varied requirements of TSCA apply to persons and compa nies that manufacture, process, dis tribute, use or dispose of TSCA-regulated chemicals. Thus, it is necessary to deter mine case-by-case whether a par ticular activity constitutes regulated conduct. Unfortunately, TSCA defines neither "use" nor "dispose," and the definitions of "manufacture," "process" and "distribute" are worded too broadly to provide meaningful guidance. Moreover, EPA's implementing regulations generally define these terms more narrowly than the statute, and the preambles to those regulations sometimes provide fur ther clarification, but in some cases the scope of TSCA jurisdiction re mains unclear and varies among TSCA regulatory provisions. TSCA Inventory TSCA Sec. 8(b) requires EPA to compile, keep current and publish a list of chemical substances manu factured or processed for commer cial purposes in the U. S. This "list," known as the TSCA Inventory, forms the basis for dis tinguishing between "existing" chemicals (those included on the TSCA Inventory) and "new" chemi cals (substances that require pre manufacture notification under TSCA Sec. 5). The inventory was developed under EPA's inventory reporting regulations in December 1977. To be eligible for inclusion in the in ventory, a substance had to be a "reportable chemical substance," defined under the regulations as: a chemical substance; manufactured, imported, or processed for a com mercial purpose in the U.S. be tween Jan. 1, 1975 and the date of publication of the initial inventory (June 1. 1979); and not specifically excluded from the inventory.1 EPA continuously adds to the inventory new chemicals that have cleared TSCA Sec. 5 premanufac ture notice (PMN) review and for which notices of Commencement of Manufacture have been filed. The agency also periodically re moves, or "de-lists," from the in ventory "orphan chemicals* that are not currently being manufac tured or imported for commercial purposes. Prior to delisting, the agency publishes a notice of its in tent to delist in the Federal Register and in its quarterly Chemicals in Progress Bulletin. As a result of this process, the inventory is main tained as a list of chemicals cur rently in commerce, not just those which were in commercial use dur ing the 1975-1979 reporting period for the initial inventory. Using the Inventory The 1985 edition of the invento ry is the most current and consists of non-confidential identities and generic names for confidential sub stances. EPA maintains the master file that contains both the confi dential and the non-confidential identities. There are five volumes in the TSCA Inventory, each indexed to categorize the TSCA list of chemi cal substances in different ways. Volume One lists chemical sub stances in ascending order by CAS Registry Number, the Chemical Ab stract Service (CAS) Index, or Pre ferred Names. Volumes Two and Three are an alphabetically ordered listing of all CAS Index or Preferred Names; EPA submitter names, and CAS syn onyms for the substances in the Chemical Substance Identity sec tion. Volume Four lists all substances appearing in the Chemical Sub stance Identity section which have determinable molecular formulas. Volume Five lists substances of Unknown or Variable Composition. Complex Reaction Products and Bi ological materials (UVCB) sub stances. Because confidential chemicals are not listed by specific chemical identity and new confidential chemicals are continually being added, the only way to determine if a substance is or is not on the in ventory is to search EPA's master file of the inventory. EPA will search the confidential inventory only if the person requesting the search can demonstrate a .bonafide intent to manufacture or import the substance for a commercial pur pose.2 A notice of bona fide intent to manufacture or import must be submitted in writing and include: the specific chemical identity; a signed statement of intent to manu facture or import for a commercial purpose; a description of the re search and development activities conducted; the purpose of the manufacture or import; an elemen tal analysis; and either an x-ray dif fraction pattern (for inorganic sub stances), a mass spectrum, or an infrared spectrum.3 As discussed more fully in the following section on recent devel opments in TSCA regulation, EPA has proposed to add additional in formation requirements to the bona fide notice further substanti ating the intent to manufacture or import. New Chemical Review Under TSCA Sec. 5, any person intending to manufacture or import a chemical substance first must de termine whether it is listed on the TSCA Inventory. If it is listed, then manufacture or importation may commence immediately. If the chemical substance is not listed on the inventory, then the manufacturer or importer of this DSW 1 2 2 6 1 7 STLCOPCB4032565 April 1995 49 "new" chemical substance must de termine whether the chemical sub stance is excluded altogether from regulation under TSCA or whether it is exempt from the PMN require ments. If the chemical substance is neither excluded nor exempted, the prospective manufacturer or importer must file a PMN at least ninety days before commencing those activities. Under Sec. 5(a), EPA has 90 days (extendable for good cause to 180 days) within which to review the PMN. During its PMN review, EPA assesses the potential risks as sociated with the manufacture, processing, distribution, use and disposal of the new substance, based upon information supplied by the PMN subminer, available from various agency data bases and the scientific literature, and the agency's own professional judg ment. If EPA takes no regulatory ac tion on the PMN within the 90-day review period, the subminer may commence commercial manufac ture or importation forthwith and without the need for prior agency approval. Within 30 days after commenc ing manufacture or importation, the manufacturer or importer must file a Notice of Commencement (NOC) of Manufacture or Import.'* The NOC certifies that commer cial manufacture or importation ac tually has occurred. After receiving an NOC, EPA will add the PMN sub stance to the inventory, and the new chemical will then become an "existing" chemical under TSCA. Exclusions The PMN requirements apply to a "new chemical substance" and, once an applicable rule is promul gated, to a "significant new use" of an existing chemical substance. The statutory definition of "chemical substance" excludes any pesticide as defined by the Federal Insecticide, Fungicide and Rodenti- ride Act, and any food, food addi tive, drug, cosmetic or device as defined by the Federal Food, Drug, and Cosmetic Act, various nuclear materials regulated under the Atomic Energy Act, and any tobac co or tobacco product.9 Thus, by definition, these sub stances are excluded from TSCA ju risdiction and, as such, are not sub ject to the PMN requirements. The PMN requirements nevertheless may apply to such "excluded" sub stances, if they also are intended for a "TSCA use." Exemptions TSCA expressly establishes two exemptions from the PMN require ments--for test marketing and re search and development (R & D) chemical substances--and also grants EPA authority to establish additional exemptions by regula tion where the agency determines that the manufacture, processing, distribution or use of a chemical substance will not present an un reasonable risk to health or the en vironment. - Under this authority, EPA has prescribed fifteen additional ex emptions to the PMN requirements including low volume exemption; polymer exemption; new chemi cals imported in articles; impuri ties, by-products, non-isolated in termediates; chemicals formed during the manufacture of an arti cle; and chemicals formed inciden tal to the storage and end-use of chemical substances and the use of certain additives. In 1992 and 1993, EPA actively reviewed the PMN review process, and on Feb. 8, 1993, published a package of four proposed rules modifying numerous aspects of the PMN review process. New Chemicals, Uses Under TSCA Sec. 5, once having submitted a PMN and awaited 90 days, a manufacturer may com mence commercial operations without specific EPA approval. Nevertheless, the agency may exer cise one of three statutory options to regulate and/or bar commercial manufacture of the new chemical substance described below. First, under TSCA Sec. 5(a) EPA may delay manufacture for one ad ditional 90-day review period for `good cause." Second, under TSCA Sec. 5(e), EPA may issue a proposed order limiting or prohibiting manufacture if the agency makes statutorily pre scribed findings regarding possible risk or substantial production and exposure. Third, under TSCA Sec. 5(f), EPA may propose a Sec. 6(a) rule which becomes immediately effec tive to limit or condition manufac ture, or alternatively may issue a proposed order totally banning manufacture, if the agency con cludes that manufacture "presents or will present an unreasonable risk of injury to health or [the] envi ronment." Risk TSCA Sec. 5(e) grants EPA au thority to issue an administrative order regulating a new chemical substance if the agency finds that there is insufficient information to evaluate the risk reasonably; and either the chemical may present an unreasonable risk to health and the environment, or it will be produced in substantial quantities with the result that either substantial quanti ties will enter the environment or there will be substantial or signifi cant human exposure to the sub stance. The purpose of a TSCA Sec. 5(e) order is to ban or limit manufac ture, distribution, use, or disposal of a chemical pending develop-' ment of sufficient data for EPA to evaluate the risks the chemical poses to human health or the envi ronment. r DSW 1 2 2 6 1 8 STLCOPCB4032566 50 Chemical Times & Trends Where EPA acts unilaterally to issue a Sec. 5(e) order, the order must issue at least 45 days before the end of the PMN review period. Unless the PMN submitter objects and forces EPA to go to court to en force the order, such unilateral or ders become effective on the day the review period ends. Unreasonable Risk If EPA determines that a new chemical substance presents or will present an unreasonable risk be fore the agency can issue a rule under Sec. 6 to protea against such risks, the administrator may aa under Sec. 5(f) to control that risk. TSCA Sec. 5(f)(2) authorizes the administrator to issue an immedi ately effective proposed rule under Sec. 6(a) that limits or delays man ufacture of a chemical substance undergoing a PMN review. Under Sec. 6(a), EPA has au thority to limit the amount; prohibit particular uses; limit the amount or concentration for a particular use; require specific labels; require recordkeeping; prohibit or regulate commercial use; prohibit or regu late disposal; and give notice of the risk. Such a rule is effective immedi ately upon publication in the Fed eral Register. The PMN submitter may challenge it with subsequent rulemaking. Significant New Use Persons who submitted initial inventory notices were required to describe the uses to which their chemicals were being put. Similar ly, a PMN subminer must describe the intended uses of its new chemi cal. If EPA determines that a particu lar use of a chemical already on the nventory constitutes a "significant new use," the agency can issue a Significant New Use Rule (SNUR). A SNUR requires anyone who wants to manufaaure or process a chemical substance for a use that EPA has determined is a "signifi cant new use" to give EPA 90 calen dar days prior notice.6 This notice is referred to as a `Significant New Use Notice" or SNUN. If, after reviewing a SNUN, EPA fails to initiate any action under Secs. 5, 6 or 7, then TSCA Sec. 5(g) requires the administrator to pub lish a notice in the Federal Register giving EPA's reasons for not initiat ing any action. As is the case with a PMN, a SNUN subminer may manufacture, import, or process the chemical for the "significant new use" without EPA approval or further notice to EPA upon expiration of the 90-day review period. When EPA has concerns about a new chemical substance but does not want to prohibit its manufac ture completely, the agency will enter into a Sec. 5(e) consent order with the PMN subminer as dis cussed above, allowing limited production under carefully con trolled conditions. Once the chemical is placed on the inventory, however, other man ufacturers can begin producing this substance without complying with the restrictions in the consent order, giving them a competitive advantage over the original manu facturer. As a result, manufacturers sub ject to Sec. 5(e) consent orders have urged EPA to designate as a `significant new use" any manufac ture of such a substance that is not in compliance with the same re strictions placed upon the original manufacturers in the consent or ders. The agency's difficulties in de veloping individual SNURs tailored to specific the Sec. 5(e) consent or ders, prompted the agency to de velop the "Generic SNUR Rule." This rule establishes a menu of standardized significant new uses, and recordkeeping requirements, as well as two procedures EPA can use to issue SNURs without the usual notice-and-comment rule making." Testing under TSCA One of Congress' objeaives in enacting TSCA was to require chemical manufaaurers and processors to develop data on the health and environmental effects of their products.8 Under the law, EPA may require manufacturers and processors to develop safety and environmental data when the chemical may pre sent an unreasonable risk of injury'; or substantial quantities of the chemical are produced with the potential for substantial environ mental or human exposure.9 Selection for Testing Congress created the Intera gency Testing Committee (ITC) "to make recommendations to the ad ministrator respeaing the chemical substances and mixtures to which the administrator should give prior ity consideration."10 The ITC consists of designees from eight agencies of the federal government. TSCA requires the ITC to give priority consideration to substances that are suspeaed of causing or contributing to cancer, gene mutations, or birth defects. Within 12 months after the ITC des ignates a chemical, the agency must initiate Sec. 4 rulemaking or publish its reasons for not doing so. Whether a test rule is riskbased or exposure-based will in fluence the type of testing re quired. Risk Trigger EPA may require testing if the agency finds that the chemical or mixture may present an unreason able risk of injury to human health or the environment; existing data on and experience with the chemi- DSW 12261-9 STLCOPCB4032567 April 1995 cal or mixture are insufficient to reasonably predict or determine the effects of the chemical sub stance. and testing is necessary to obtain such data.11 EPA's first step, therefore, is to make a risk determination: EPA must find that the chemical may present an unreasonable risk. As EPA uses the term, "risk- is a function of both hazard (toxicity) and exposure. The agency consid ers several factors in assessing the possible unreasonable risk of a substance, including knowledge of a chemical s physical and chemical properties, structural relationships to other chemicals with demon strated adverse effects, data from inconclusive tests, and case history- data.12 Moreover. EPA has advised manufacturers that risk may be sig nificant. even when exposure is ex tremely low. Exposure Trigger TSCA Sec. 4(a)(1)(B) provides EPA with an alternative basis for re quiring testing founded on an ex posure trigger. Using an exposure trigger. EPA can require testing if: a chemical substance is produced in substantia] quantities: a substance is reasonably expected to be re leased into the environment in sub stantial quantities, or there is or may be significant or substantial human exposure: there are insuffi cient data or experience upon which to reasonably predict the ef fects on human health or the envi ronment: and testing is necessary to develop the data.13 By its express terms. Sec. 4(a)(1)(B) requires both substantial production and substantial or sig nificant environmental or human exposure. This exposure trigger re quires an exposure finding much higher than that required to satisfy the exposure trigger under Sec. 4(a)(l)(A).N This difference is based on the fact that less exposure is necessary when EPA has a scientific basis for suspecting potential toxicity under section 4(a)(1)(A). Unul recently. EPA had declined to quantify- "substantial.- contend ing that it is "neither feasible nor desirable to make strict numerical definitions of substantial exposure or release.- and that production and exposure determinations should be made individually for each chemical.1' On May 1-*. 1993. EPA pub lished the final policy statement on TSCA Sec. 4(a)(1)(B) findings in which it has quantified "substan tial- production, release and expo sure.10 The policy establishes quan titative thresholds to serve as guidance for determining "substan tial" production, release and human exposure. Category Substantia] production Substantial release Substantial human exposure general population consumers workers In addition to making a finding of substantial production volume or exposure under TSCA Sec. 4(a)(1)(B). EPA also must deter mine that there are insufficient data and that testing is necessary to de velop the needed information. These required findings are identi cal to those in TSCA. Sec. 4(a)(1)(A). Letters of Intent Within 30 days after the effec tive date of a test rule, each person subject to the rule must either noti fy EPA by letter of his intent to con duct testing or submit an applica tion for exemption.1* Manufacturers or processors w'ho continue their activities and who do not submit a letter of intent to test or a request for an exemp tion will be considered in violation of the rule.1' Typically, where both manufac turers and processors are subject to the test rule, processors will only participate if specifically directed to do so or if no manufacturer has made known its intent to test. If no manufacturer notifies EPA within 30 days of receipt of EPA s notifica tion. all manufacturers and proces sors will be in violation of the rule from the 31st day after receipt of notification.'1' Significant Risk If the test data indicate that there may be a "reasonable basis to conclude that a chemical substance or mixture presents or will present a significant risk of serious or wide Threshold Value 1 million pounds total year 1 million pounds total year 100.000 people 10.000 people 1.000 workers spread harm to human beings from cancer, gene mutations, or birth de fects.- the administrator must initi ate appropriate rulemaking.20 If EPA chooses not to initiate rulemaking, the agency' must pub lish in the Federal Register the rea sons for not taking action.21 Recording, Records TSCA Sec. 8 establishes report ing and recordkeeping require ments to provide EPA with infor mation on which to base regulatory and enforcement actions and to track patterns of adverse reactions to chemicals. EPA uses the information ob tained under Sec. 8 in other EPA programs to provide chemical in formation to industry and citizens, to evaluate existing data to deter- OS W 1 2 2 6 2 0 STLCOPCB4032568 52 Chemical Times & Trends mine their adequacy for risk assess ment purposes, to identify data gaps, and to monitor ongoing ac tivities with respect to specific chemicals. Under TSCA Sec. 8(a), EPA may require companies to maintain . records and submit reports on their chemical manufacturing, import ing, and processing activities. The agency has used its Sec. 8(a) authority to impose record keeping and reporting require ments on specific listed chemicals. In implementing its section 8(a) au thority, EPA has issued "moder rules that require submission of de tailed production and exposure data on certain listed chemicals. The first of these model rules, the Preliminary Assessment Infor mation Rule (PAIR), issued in June 1982, automatically adds chemicals to the PAIR list 30 days after they are placed on the ITC Priority Test ing List.22 The rule requires manufacturers and importers to submit a twopage PAIR report for each plant site involved in manufacturing or importing a listed chemical substance within 60 days of the ef fective date of the listing of the chemical. Small manufacturers, manufacturers of less than 500 kgs per site and manufacturers of the substance solely for R&D or as an impurity, non-isolated intermediate or by-product are exempt from PAIR reporting.23 The second model rule, the Comprehensive Assessment Infor mation Rule (CAIR), issued Dec. 22, 1988, was intended to elicit far more detailed information about a more narrow group of chemical substances.24 CAIR was extremely controversial when promulgated, due to the lack of a low volume ex emption or a de minimis concen tration exemption, the amount of formation required to be report ed, the fact that processors were re quired to comply and the require ment that manufacturers of mixtures incorporating CAIR-listed cemicals disclose this information so that processors of these mix tures would be aware of their re porting obligation or alternatively_ report for their customers. Initially, CAIR listed only 19 chemicals. Due to the controversy surrounding the rule, EPA has added no other chemicals to the original 19 on the CAIR list. On Nov. 30,1993, however, EPA published in the Federal Register proposed amendments to CAIR ad dressing those aspects of the rule that made it so controversial when promulgated.23 In this rule, EPA proposes to establish both a low volume exemption for manufactur ers or processors of less than 10,000 lbs per site of any listed chemical substance and de min imis concentration exemption for processors of mixtures containing the listed chemical substance at 1% or less (0.1% if the chemical is list ed in the rule as a carcinogen). In addition, EPA proposes to provide permanent relief from the trade name reporting requirement for companies that cannot report for their customers and and cannot disclose the presence of a CAIR-listed substnace in their product without directly or indi rectly revealing confidential busi ness information. Finally, EPA proposes to add chemical substances would need to submit a CAIR report responding only to certain limited questions. In addition, for these automatically listed chemicals, no trade name re porting would be required. As of the time of this writing, EPA has yet to publish a final rule. Inventory Update In June 1986, also under to its TSCA Sec. 8 authority, EPA issued an Inventory Update Rule OUR) re quiring manufacturers and im porters of certain chemicals listed on the inventory to report current data on production volume, plant site, and site-limited status.26 Such reporting is required even* four years for all chemical substances listed on the inventory, except for polymers; micro-organisms; natu rally occurring substances; and in organics.27 Under the rule, any company that manufactures or imports any "reportable substance" for com mercial purposes' in amounts of 10,000 pounds or more at any time during the most recent complete corporate fiscal year immediately preceding the reporting year is ob ligated to file the IUR report.28 Exceptions to the rule are avail able to small manufacturers and for certain chemicals exempt from PMN requirements. The Inventory Update Rule re quires each manufacturer or im porter subject to the rule to main tain specific records documenting the information submined to EPA.29 Importantly, production records for substances manufactured at less than 1.0,000 pounds must be main tained to justify a decision not to report. ` Significant Adverse Reactions TSCA Sec. 8(c) requires manu facturers, processors, and distribu tors to keep records of significant adverse reactions to health and the environment alleged to have been caused by a chemical substance or mixture they manufacture, process, or distribute. Allegations by employees must be kept on file for 30 years; allega tions by others for five years. These allegations do not have to be re ported to EPA unless the agency specifically requests them. EPA may require submission of copies of the Sec. 8(c) records to the agency, however, and employ ees can petition the agency to collea and release Sec. 8(c) informa tion. EPA has defined "significant ad verse reaction" to mean a reaaion that may indicate a substantial im- i OSW 1 2 2 6 2 1 STLCOPCB4032569 April 1995 53 pairment of normal activities, or long-lasting or irreversible damage to health or the environment.50 In order to place some limita tion on an otherwise open-ended recording obligation, EPA has pro vided a narrow exemption for known human health effects.31 Those environmental reactions which must be recorded include gradual or sudden changes in the composition of animal life or plant life, abnormal numbers of deaths of organisms, reduction of the re productive success of a species, re duction in agricultural productivity, and alterations in the behavior or distribution of a species.32 In order to constitute a record able allegation under Sec. 8(c), the statement must state clearly the al leged cause of the adverse reac tion.33 An "allegation" is defined as "a statement, made without formal proof or regard for evidence, that a chemical substance or mixture has caused a significant adverse reac tion to health or the environ ment."33 It is important to remember that a series of identical or very similar allegations about a particular sub stance may indicate a significant risk, which can trigger reporting re quirements under Sec. 8(e). Health, Safety Studies Sec. 8(d) requires that upon re quest a person who manufactures, processes, or distributes in com merce any chemical substance or mixture, must submit to the agency lists and copies of health and safety studies conducted by, known to, or ascertainable by that person. Under the Sec. 8(d) Model Re porting Rule, submission of unpub lished health and safety studies is required on certain specifically list ed chemicals or mixtures. Persons who currently manu facture, import, or process a chemi cal substance or a mixture listed at - 40 C.F.R. Sec. 716.120 (or propose to do so) or who did so (or pro posed to do so) within the 10 years preceding the effective date of the listing of the chemical are subject to the provisions of the Model Re porting Rule. There are two phases to Sec. 8(d) reporting. First, persons are required to submit copies of all non-exempt studies in their posses sion at the time they become sub ject to the rule. Second, such per sons must inform EPA within 30 days of initiating any study on a subject chemical.33 Substantial Risk Sec. 8(e) requires the manufac turer, processor, or distributor of a chemical substance to report to EPA any information concerning the substance that "reasonably sup ports the conclusion that such sub stance or mixture presents a sub stantial risk of injury to health or the environment." EPA has not issued regulations implementing Sec. 8(e). The prima ry source of guidance for compli ance with this section is EPA's Statement of Interpretation and En forcement Policy, 43 Fed. Reg. 11,110 (March 16, 1978), otherwise known as the 1978 policy state ment. In addition, during the Compli ance Audit Program in 1992, EPA is sued further guidance on the 8(e) reportability of certain "toxic" signs and end-points. On July 13,1993, EPA published proposed "refinements" to this pol icy statement in an attempt to clari fy the reportability of environmen tal contamination information. EPA also provides some limited policy guidance through Sec. 8(e) Status Reports, and from time to time through its monthly publication, TSCA Chemicals in Progress. The status reports contain a summary of EPA's initial review of submitted Sec. 8(e) and For Your Information reports and are available for public viewing in the OTS Public Reading Room at EPA Headquarters in Washington. O.C. Regulation TSCA Sec. 6 grants EPA full au thority to regulate existing chemi cals that present unreasonable risks to health or the environment. Under TSCA Sec. 6, EPA must place controls and restrictions, including outright bans if necessary, upon the manufacture, use, processing, disposal, or distribution of such chemicals. This is EPA's most ex treme regulatory power. Despite its broad authorin' under TSCA Sec. 6, EPA to date has regulated only six chemical sub stances under this section: as bestos; chloroflourocarbon; diox ins; hexavalent chromium; certain metal-working fluids; and poly chlorinated biphenyls. In the case of asbestos the regu lations were ultimately overturned. In the case of polychlorinated biphenyls (PCBs) which Congress specifically directed in TSCA Sec. 6(e), the regulations may be the most widely applicable and best known of any TSCA regulations. Import-Export Importers of any chemical sub stance must comply not only with the same obligations imposed on domestic manufacturers but also with a certification requirement pursuant to TSCA Sec. 13. Similarly, exporters of certain chemicals regulated under TSCA Secs. 4, 5, and 6 may be subject to export notification obligations under TSCA Sec. 12. Import Regulation TSCA Sec. 13 requires the Secre tary of the Treasury (the executive branch with authority over the U.S. Customs Service) to refuse entry into U.S. customs territory for a shipment of any chemical sub stance or mixture, if it fails to com- J fNJ r\J O r\j <\J 3 00 Q STLCOPCB4032570 54 Chemical Times & Trends ply with any TSCA rule or regula tion; it is offered for entry in viola tion of a Secs. 5. 6, or 7 rule, order or acrinn.36 The U.S. customs territory in cludes the fifty states, the District of Columbia and Puerto Rico.3' Thus, Customs Service regula tions require an importer to certify at the port of entry that either any chemical substance in the shipment is subject to TSCA and complies with all applicable rules and orders thereunder; or is not subject to TSCA.38 Customs has established approximately 90 ports where entry documents may be filed.39 Customs Service regulations es tablish precise requirements re garding the form of the required certification, including sample statements. According to the regu lations, the importer must use one of the statements as worded. No other language may be substituted. The certification may appear either on the appropriate entry document or commercial invoice, or on an at tachment to the entry document or invoice. The importer, or its agent, must keep a copy of the import cer tification along with other customs entry documentation for five years.*0 Export Regulation TSCA Sec. 12(a) exempts from most provisions of the law any chemical substance, mixture, or ar ticle manufactured, processed, or distributed solely for export from the U.S.41 In order to qualify for this ex port exemption, the substance, mixture, or article must bear a stamp or label stating that it is in tended solely for export.42 The recordkeeping and reporting re quirements of TSCA Sec. 8, howev er, continue to apply to such chem ical exports. TSCA Sec. 12(b) requires ex porters to notify EPA before export ing any substance for which test data are required under Secs. 4 or 5(b). regulatory action has been proposed or taken under Secs. 5 or 6. or an action is pending or relief has h--w---j Oorantwl nr~>der ^ec. 5 Of 7. For chemical substances regulated under TSCA Sec. 4, EPA requires subsmission of an export notice for the first shipment to each country. This one-time notification for TSCA Sec. 4 chemicals became effective Jan. 1, 1994. and represents a re duction in the reporting require ment for these chemicals.43 For all other chemical sub stances, EPA requires notification of the first shipment each year to each country.44 Export notification is required regardless of the intend ed foreign use of the regulated chemical. EPA does not consider it relevant whether the chemical is being exported for use in a manner that is not regulated domestically under an action, rule or order.43 In addition to the export notices re quired under Sec. 12(b) special no tices are required in the case of PCBs.46 On July 27, 1993, EPA promul gated a final TSCA Sec. 12(b) rule which will be effective Jan. 1, 1994, and which modifies the existing ex port notification procedures. Compliance, Audits EPA has placed greater empha sis on TSCA enforcement in recent years, and it is expected that the agency will become more aggres sive in the future in its efforts to en sure compliance with TSCA. As a result, industry compliance pro grams are an increasingly common and valuable undertaking in com panies that are potentially subject to TSCA requirements. The reasons for instituting and implementing a TSCA compliance program are several. TSCA imposes a regulatory scheme that is ex tremely broad in scope, applying to virtually any type of company in volved in today's diversified busi ness economy. Companies engaged in the manufacture, processing, distribu tion. use. importation or exporta- linn nf chcinicsi SUbSISflC??_-gg those terms are expansively de fined under TSCA--are all poten tially subject to the varied require ments of TSCA. The inadvertent manufacture or importation of a chemical sub stance not listed in the TSCA Inven tory, for example, can create a very serious enforcement problem for the unwary company. Consequent ly, chemical companies, as well as many business entities well outside the traditional notion of a "chemi cal manufacturer," are discovering the importance of TSCA compli ance programs. The penalties assessed for non compliance with TSCA can be stag gering-up to S25.000 per day of vi olation. The agency's penalty scheme for TSCA violations is in flexible and mechanistic with little regard for actual environmental im pact. Furthermore, TSCA is a "strict li ability" statute. That is, knowledge of the law's requirements or the ex istence of a violation is not neces sary for the imposition of a civil penalty. Knowing or willful viola tions of TSCA, however, will sub ject the violator to potential crimi nal sanctions under Sec. 16(b). Penalty reductions are available for voluntary self-reporting of TSCA violations, which can signifi cantly lower a penalty below that which would be assessed if EPA discovered them. In addition to the threat of crim inal and civil penalties, TSCA viola tions also can cause economic and operational effects far more devas tating than any EPA-imposed TSCA penalties. For example, a process for which a particular product is criti cal may be entirely shut down for months while that product pro ceeds through PMN review after discovery that it lacks Inventory listing. EPA will not allow manufac- DSW L 2 2 6 2 3 STLCOPCB4032571 April 1995 --ure to resume until the product jmpletes the PMN process. A well-organized TSCA compli ance problem and a general sensiti zation of employees to the impor tance of TSCA and the potential consequences of non-compliance can help to ensure a company's compliance with the Act and to avoid the enforcement problems discussed above. These objectives are often achieved through internal TSCA audits. Internal Audits Faced with enormous potential liability for the corporation and its officers and directors, companies have initi ated voluntary internal audits as a means of ensuring their compli ance with TSCA. Because a TSCA audit involves a significant commitment of corpo rate resources, the undertaking lust receive the express approval of senior management. Further, the audit should follow a written plan which sets forth the purpose and scope of the audit, the auditing procedure, and the corporate poli cy on corrective action. - The reasons for initiating and implementing a voluntary internal TSCA auditing program include the high risk of TSCA violations, the costs associated with noncompli ance, the effectiveness of voluntary auditing, and the facilitation of merger and acquisition transac tions. Until recently, TSCA did not have the same level of recognition as other environmental statutes, such as the Resource Conversation and Recovery Act CRCRA) or the Clean Water Act. As EPA has be come more aggressive in its en forcement of TSCA, more compa nies have realized the importance >f TSCA compliance. TSCA's relatively low profile in the past fostered a slack compli ance attitude and a high risk of TSCA violations. An effective vol untary internal auditing program, including in-house training con cerning the existence and impor tance of TSCA requirements, pro vides an excellent mechanism for lessening the risk of TSCA viola tions. Noncompliance with TSCA can be costly. In addition to the threat of civil and criminal penalties for TSCA violations, a noncompiiant company may be faced with sub stantial legal fees stemming from enforcement proceedings or nego tiations toward the execution of a consent order with EPA as well as the disruption of manufacturing processes and the loss of sales. In addition, the cost of conducting an EPA-required TSCA audit under a consent order can well exceed the cost of conducting a voluntary in ternal audit. Many major TSCA violations now result in consent agreements which include TSCA audits as well as the payment of fines. EPA has stated that it may seek to include environmental auditing provisions in consent agreements where au diting could resolve identified compliance problems and reduce the likelihood of their recurrence. EPA has developed an internal policy for agency negotiators re garding the incorporation of envi ronmental auditing provisions in consent agreements and other en forcement settlements.47 The agency considers that auditing re quirements are appropriately in cluded in consent agreements "where heightened management attention could lower the potential for noncompliance to recur."48 Enforcement Trends EPA TSCA enforcement activi ties in 1994 focused primarily on compliance with the Inventory Up date Rule (IUR) in an attempt to highlight the fact that 1994 was an IUR reporting year. On June 24, 1994, EPA both at headquaners and in numerous regional offices, filed civil compliants against 39 compa nies for failure to repon more than 400 commercial chemicals in 1990 Inventory Update reports. Tiie proposed penalties for these violations ranged from $6,000 to $374,000 and totaled over $2.9 million for all penalties. This enforcement initiative mirrored an earlier initiative that occurred on July 22, 1993 also involving viola tions of the Inventory Update Rule. EPA attorneys indicate that they ex pect to be even more aggressive in dientifying and prosecuting Inven tory Update violations in 1995 by cross-referencing other mandatory reorts such as the Toxic Release In ventory and the 1990 Inventory Up date Repon to identify companies that failed to file 1994 Inventory Update reports. EPA's IUR enforcement activi ties called into question the com pliance status of the entire natural gas processing industry and prompted that industry to evaluate its pastaeporting practices. As early as May 1993, the industry request ed clarification from EPA regarding the scope of the exemption from IUR reporting for "naturally occur ring substances." Naturally occurring substances are exempt from IUR reporting if they are unprocessed or "processed only by manual, me chanical or gravitational means, by dissolution in water, by flotation or by heating solely to remove water." 40 C.F.R. Sec. 710.4 (b). The natural gas processing in dustry through the Gas Processors Association, argued that ambiguity in EPA's IUR regulations and guid ance regarding the meaning of the phrase "processed only by manual, mechanical or gravitational means" caused the entire industry to con clude that many of the chemicals it manufactured were exempt from IUR reporting as "naturally occur ring substances." EPA conceded that its regula tions and guidance may have been ambiguous and agreed to allow MSo STLCOPCB4032572 56 Chemical Times & Trends natural gas processors to enter into a voluntary IUR compliance audit program called the Inventory Up date Rule Records Search (IURRS), to rectify past non-compliance with the IUR. Interested companies were required to join IURRS by Jan. 31,1995. The agreement requires each company to audit its facility's com pliance with both the 1986 and 1990 IUR reporting periods, miti gate any failures to report by sub mitting the reports now, but to pay stipulated penalties only for those reports the company failed to file in 1990. A total of 70 natural gas processing companies signed up for the IURRS). This development is of note be cause EPA, in discussing the IURRS, indicated that it would entertain similar proposals from any other industry similarly situated. Those who believe that they are similarly situated, however, must move quickly to enter into such an agree ment before EPA discovers the non-compliance through its own review of 1994 and 1990 IUR re ports. . Statute of Limitations In March 1992, the 3M company appealed to the U.S. Court of Ap peals for the D.C. Circuit the deci sion of the EPA Administrator, act ing through the chief judicial officer, upholding an administra tive law judge ruling that the gener al federal statute of limitations does not apply to EPA initiation of en forcement actions under TSCA. Faced with a $1.3 million EPA demand for payment of a civil penalty for inadvertent violations of TSCA, 3M took a stand. The company won two important victo ries for industry, denting EPA's rigid enforcement response policy and resurrecting the five-year statute of limitations for federal civil penalty actions. (See Chemical Times & Trends, July 1994.) The court found that 28 U.S.C. Sec. 2462 applies to all administra tive civil penalty actions brought before federal agencies and cited four cases and two Congressional reports supporting this finding. The court also found that a TSCA en forcement action constitutes a pro ceeding for the "enforcement of civil penalty" consistent with the language of Sec. 2462. EPA's con tention that "enforcement" con notes only an action to collect a penalty already assessed was re jected. The court also rejected EPA's contention that the peiod of limita tions did not begin to run until EPA first discovered the violation, not when the violation first occurred. An action, suit or proceeding must be commenced within five years of the date of violation giving rise to the penalty. The decision is now final as the Department of Justice has decided not to seek a review of the transcribed proceedings on any part of the ruling. While the decision is significant in that it imposes a five-year statute of limitations where previously EPA asserted that none existed, many questions remain outstand ing. For example, EPA asserts that the statute of limitations will not apply to "continuing* violations. The questions remains as to which TSCA violations EPA would consider "continuing" and there fore not subject to repose by action of the statue of limitations. In addition, in at least one re gional enforcement action, EPA ap pears to have taken the position that submission of a false positive import certification may toll the running of the statue of limitations on both Sec. 5 and 13 violations as sociated with the importation be cause the false certification "fraud ulently concealed" the violations. EPA Exercises Power On Sept. 21, 1994, EPA issued expansive subpoenas to 95 U.S. companies believed to own or op erate industrial facilities in Mexi cali, Mexico, seeking information regarding their manufacture, use. disposal and release of chemical substances to the environment. The agency claims it has author ity to seek this information under TSCA Sec. 11. EPA officials indicate that the agency is trying to deter mine whether chemicals exported by the subpoena recipients to their Mexican facilities for use there are contaminating the New River, which flows into the U.S., thereby presenting a risk to citizens. Although the subpoenas were issued to companies located in the U.S., the inquiry clearly pertains to the activities of the facilities in Mex ico. The agency's action raises trou bling issues regarding the scope of EPA's authority under TSCA Sec. 11 to demand information regarding activities outside the U.S. Generally, U.S. legislation can not he applied by executive agen cies to activities outside the U.S. Observers and subpoena recipients alike are concerned that this action not serve as precedent for EPA to routinely demand information from U.S. companies, foreign sub sidiaries and perhaps oter compa nies about their extraterritorial activies under the rationale that the agency is carrying out the provi sions of TSCA. Responses to the subpoenas were due by 12:00 p.m. EST on Nov. 21, 1994. EPA reports that it has received 78 responses to the subpoenas and expects four more shortly. EPA withdrew five of the subpoenas because EPA located an earlier volunatary response from the company. EPA does not expea responses from five recipients who have gone out of business. Finally, three of the subpoenas were undeliverable. This accounts for all 95 of the subpoenas EPA sent. Consequently, EPA has made no referrals to the Department of Justice (DOJ) for non-compliance with the subpoenas. I DSW 122.625 STLCOPCB4032573 April 1995 Many of the companies re sponding to the subpoena have done so with the understanding that if their responses are ade quate, EPA will withdraw the sub poenas ad accpet the responses as voluntarily submitted. Most recipi ents believe the data will show that U.S.-owned companies are not a primary source of pollution to the New River and therefore are unconcered about releasing this infor mation to EPA. By submitting the information voluntarily, however, companies hope to avoid the unsettling preddent that this action might other wise have had. Only if EPA deter mines that these first responses are inadequate and subsequent negoti ations prove unsuccessful, is EPA likely to ask DOJ to seek a court order enforcing the subpoenas. Proposed PMN Changes A package of proposed reforms aimed at streamlining the preman ufacture notification process for new industrial chemicals was pub lished in the Federal Register on Feb. 8, 1993. 58 Fed. Reg. 7646. The proposed reforms would amend the polymer exemption rule (40 C.F.R. Sec. 723), the low vol ume exemption rule (40 C.F.R. Secs. 700, 723), the expedited sig nificant new use rule (40 C.F.R. Sec. 721), and change a variety of PMN reporting requirements (40 C.F.R. Sec. 720). Comments on all of these pro posed rules were due to EPA by April 9, 1993, or May 24, 1993. EPA has yet to finalize any of these pro posed reforms, although publica tion of a final rule is expected at any time. Polymer Exemption Changes:. Under the proposed rule, the defin ition of polymer would be modi fied to coincide with the wording of the international definition of polymer agreed upon by the Orga nization of Economic Cooperation and Development (OECD). In addi tion. the proposal expands the cri teria for selecting polymers that are eligible for the exemption. The polymer exemption application will no longer need to be submined on the standard PMN form, and the quantity of required data will be re duced. . The time period for submitting the exemption application would change such that manufacturers and importers must submit the ex emption application within 30 days after commencement of manufac ture or importation for commercial purposes. In what turned out to be a controversial modification, the proposed rule provides for the re vocation of the exemption if EPA obtains information indicating that an exempt polymer may present an unreasonable risk of injury to health or the environment. Finally, EPA will not place ex empted polymers on the TSCA In ventory even after their commer cial manufacture. The proposed changes to the polymer exemption were received by the regulated community with mixed reactions. Many of the changes are viewed as improve ments to the exemption, such as the post-manufacturing notifica tion. However, industry felt strong ly that the revocation procedure could all but eliminate these ad vantages and cause manufacturers to file both the polymer exemption and a regular PMN to ensure unin terrupted production. Low Volume Exemption Changes: Under the proposed rule, several changes will occur to the current low volume exemption (LVE) and a new exemption will be created for low release and expo sure chemicals (LOREX). EPA will increase the production volume to qualify for the LVE such that chemi cals produced in quantities of 10,000 kilograms or less per year will now be eligible. EPA will extend the LVE review period from 21 to 30 days, and will require the application to be sub mined on the standard PMN form. The most significant change, how ever. is that the LVE will no longer be limited to one manufacturer per chemical. Under the proposed LVE. any manufacturer who meets the production volume limitation may apply for and receive an exemption from the PMN requirements. Finally, the proposed rule cre ates a new exemption. LOREX. This exemption is available for chemi cals that meet certain release and exposure criteria regardless of pro duction volume. LOREX chemicals are subject to the same administra tive requirements as the LVE. such as review period and mandatory use of the PMN form for submis sion of the exemption application. These changes do not appear to significantly reduce the burden on industry because, in order to apply for the LVE or LOREX exemptions, manufacturers still must complete the standard PMN form and pay the same filing fee as it would for a regular PMN. SNVR Changes: This proposed rule would amend the procedure for generating an expedited signifi cant new use rule where a TSCA Sec. 5(e) order has not been issued. The proposed change would make available to EPA for designation as a significant new use all of the ac tivities enumerated in 40 C.F.R. Sec. 721, subpart B which are currendy available to it when promulgating a non-expedited SNUR or an expe dited SNUR after a Sec. 5(e) order has been issued. Significant new use designa tions available for expedited non5(e) SNURs are currently limited to environmental release activities and certain industrial, commercial, or consumer activities. Other desig nations, such as protection in the workplace and hazard communica tion, currently may not be promul gated in non-5(e) SNURs via expe dited rulemaking procedures. 40 C.F.R. Sec. 721.170(c)(1). This pro posal would make available to EPA these additional designations when vO 3: Q STLCOPCB4032574 58 Chemical Times & Trends __promulgating an expedited contamination.' EPA announced on ed. Since 1978. numerous federal non-5(e) SNUR. Sept. 30, 1991, an extension of the laws and regulations have been PMN Reporting Requirement reporting deadline for such data promulgated that are designed to Changes: Several changes are pro until such time as the agency devel gather chcmiCai-reiaied informa posed to the PMN reporting re ops additional section 8(e) report tion. quirements found at 40 C.F.R. Sec. ing guidance for environmental In recognition of the increased 720. First, the proposed rule adds contamination. 56 Fed. Reg. mandatory reporting of informa the requirement that all Sec. 5 no 49,478. tion under various laws adminis tices and Bona Fide Inventory On July 13, 1993. EPA published tered. delegated or authorized by search notices use the Chemical refinements to its 1978 policy on EPA. EPA proposes to revise that Abstract preferred name and reg the reporting of information on the portion of the 1978 policy state istry number when identifying the release of chemical substances to, ment detailing information that chemical substance in the notice. and the detection of chemical sub need not be reported so that a sec The rule also proposes to re stances in, environmental media.' tion 8(e) obligation is satisfied if quire additional information in 58 Fed. Reg. 37,735. emergency information is reported Bona Fide Inventory search notices EPA is soliciting comments on immediately and non-emergency is to more dearly demonstrate a gen these policy refinements, as well as reported within 30 calendar days uine intention to manufacture or its proposal to increase the report on a mandatory basis to: import the chemical substance for a ing deadline for 8(e) substantial EPA, under any Federal statute commercial purpose. The rule also risk information from 15 working administered by EPA; would modify the "Two Percent days to 30 calendar days and its A State, under any Federal Rule" for reporting polymers to policy on the circumstances under statute administered by EPA give manufacturers an option in which certain information need not and delegated to that State: or determining a polymers' identity. be reported to EPA under TSCA A State, under an EPA autho Under the proposal, manufacturers Sec. 8(e). rized State program which has would still be allowed to use the The "refinements" unveiled in been established pursuant to a i "amounts charged" method to this document provide very little Federal statute administered by -aetermine the polymer chemical additional guidance to the regulat EPA. identity, but they would also have ed community because EPA has de EPA has taken the position that, the option of determining the clined to establish chemical-specif where information must be report amounts incorporated in the manu ic quantities and/or concentrations ed under both TSCA and other fed factured polymer to determine its as benchmarks for determining eral statutes, the TSCA Sec. 8(e) re identity. Finally, the rule increases TSCA Sec. 8(e) reportability of porting deadline will still apply the number of copies of Sec. 5 no non-emergency environmental even if this deadline is shorter than tices required to be submitted, al contamination information. that imposed by other statutes. lows for electronic transmission of The extent of the refinements Thus, the regulated community Sec. 5 notices and requires use of a made by EPA with regard to re must still evaluate the reportability standard form for submitting No portability of such information is of information under all applicable tices of Commencement of Manu that it is reportable if it provides ev statutes and submit the information facture or Import. These proposed idence of widespread environmen timely for each statute or submit all changes appear to be non-contro- tal distribution of a chemical sub information within the TSCA Sec. versial. stance or mixture, and which 8(e) deadline. because of the extent, pattern and Comments on the proposed Environmental Contamination amount of the contamination seri policy refinements were due to EPA ously threatens or may seriously by Oct. 28, 1993. EPA anticipates threaten--humans with cancer, publishing a revised draft guidance On Feb. 1, 1991, the agency an birth defects, mutation, death or se document responding to the many nounced a one-time voluntary rious or prolonged incapacitation comments the agency received on TSCA Sec. 8(e) Compliance Audit (e.g., neurotoxicological effects, the 1993 draft. Program (CAP). 56 Fed. Reg. 4128. reproductive/deveiopmental ef The second draft is expected by P"e to confusion in the regulated fects); or non-human organisms April 1995. Comments will be re munity over the reportability with large-scale or ecologically sig ceived on that document for 45 . data on `widespread and previ nificant population destruction. days thereafter. Some in the indus ously unsuspected distributions in The policy refinements also dis try speculate that EPA may aban environmental media" and "emer cussed more fully the types of in don the CAP for environmental gency incidents of environmental formation that need not be report contamination in recognition of the C) 1-22627 STLCOPCB4032575 April 1995 59 diminished need for the agency to collect such information under T5CA given the numerous other federal and state reporting mecha nisms already in place. Proposed Regulations EPA has been regulating biotechnology under TSCA since 1986 under its Coordinated Frame work for Regulation of Biotechnol ogy. Under the TSCA biotechnolo gy program, EPA requires submission of premanufacture no tifications for intergeneric microor ganisms prior to commercial manu facture and requests voluntary submission of PMNs prior to intro duction of intergeneric microor ganisms into the environment for R&D purposes. To date, EPA has reviewed 30 PMNs for intergeneric microorgan isms used in the manufacture of en zymes or pesticide intermediates and 25 voluntary PMNs for R&D ac tivities. In this Federal Register no tice, EPA promulgates proposed regulations for the manufacture and processing of microorganisms under TSCA Sec. 5 (premanufac ture notification). EPA always has asserted juris diction over biotechnological prod ucts because such organisms are "chemical substances" under TSCA's definition. Plants and ani mals. although organisms, are specifically exempted from this rule, but intermediate microorgan isms, like traditional chemical in termediates, are regulated under TSCA unless regulated under an other federal law (such as the Food, Drug and Cosmetic Act). Definition of New Microorgan ism. The proposed rule defines mi croorganism to mean an organism classified in the kingdoms Monera (or Procaryotae), Protista, Fungi and the Chlorophyta and the Rhodophyta of the Plantae and a virus or virus-like particle. New microorganisms are those not listed on the TSCA Inventory and that result from deliberate, intergenetic combinations of genetic material from organisms in differ ence genera. Consistent with its current policy, EPA proposes to ex clude from the definition of "new microorganisms* those resulting from the addition of intergeneric material that is well-characterized and contains only non-coding reg ulatory regions such as operators, promoters, origins of replication, terminators and ribosome-binding regions. In addition, naturally oc curring microorganisms are implicityly listed on the TSCA Inventory (as are all nautrally occurring sub stances). Premanufacture Notification. EPA proposes to require premanu facture notification for new mi croorganisms using a microbial commercial activity notice (MCAN). The MCAN must be sub mined 90 days prior to commercial manufacture or import of a new mi croorganism or prior to the manu facture, impon or porcessing of an existing microorganism for a signif icant new use. At this time, EPA is not requiring the MCAN to be submined on a specific form. The information re quired to be submined with the MCAN is listed in the proposed rule at 40 C.F.R. Sec. 725.155. EPA will add new microorganisms to the in ventory upon receipt of a notice of commencement of manufacture or import (NOC). The timing of the NOC for mi croorganisms is the same as tradi tional chemicals. EPA is proposing to identify and list microorganisms on the TSCA Inventory by a taxo nomic designation and certain phe notypic and genotypic information. Exemptions from MCAN. EPA proposes to exempt certain mi croorganisms from all or pan of the MCAN requirement based on a finding that the microorganism does not present an unreasablerisk to human health or the environ ment. These exemptions differ from those available for traditional chemicals. For example, microorganisms will not be eligible for the low vol ume exemption, but will be enti tled to an identical test marketing exemption (TME). EPA also pro poses to establish tiered exemp tions for certain microorganisms. The Tier I exemption is a com plete exemption from the MCAN requirement. In order to qualify for the Tier I exemption, the recipient microorganism must be listed in 40 C.F.R. Sec. 725.420, the introduced genetic material must be limited in size, of known function and associ ated nucleotide sequences, poorly mobilizable and free of cenain nu cleotide sequences that encode toxins. The site where the microor ganism will be used must meet cer tain containment and control stan dards. Although manufacturers and importers need not apply for Tier I exemptions, they are required to submit a certification to EPA at least 30 days prior to commercial manu facture or impon stating that the microorganism meets the Tier I ex emption criteria. The Tier II exemption provides for expedited review of microor ganisms that meet the recipient or ganism requirements of Sec. 725.420 and genetic material re quirements of Sec. 725.421, but will not meet the containment and con trol requirements of Sec. 725.422. The exemption application must be submined 45 days prior to com mencing manufacture of impon. Regulation of R&D Activities. EPA proposes to regulate microor ganisms during commercial re search and development (R&D) more closely than traditional chem icals due to the ability of microor ganisms to multiply on their own once released into the environ ment. Provided the R&D takes place in a "contained structure," EPA proposes to exempt such ac tivity from all but recordkeeping, DSW 1 2 2 & 2 8 STLCOPCB4032576 60 Chemical Times & Trends containment and employee notifi cation requirements. See 40 C.F.R. Secs. 725.234 and 235. in addition, jhc must bo supervised by a technically quali fied individual. This exemption is very similar to the standard R&D exemption for traditional chemi cals. If the R&D activity is conduct ed under the supervision of anoth er federal agency that requires compliance with NIH Guidelines for Research Involving Recombi nant DNA Molecules, EPA proposes to exempt such R&D from all regu lation under TSCA, even the recordkeeping, containment and employee notification require ments. EPA proposes to exempt R&D activities involving intentional test ing in the environment of specifi cally listed microorganisms deemed to be safe. At this time, EPA proposes to list two microor ganisms eligible for this exemp tion. Under this exemption, EPA proposes to place restictions on the recipient microorganisms, the in troduced genetic material and the conditions of use. In addition, per sons who intend to conduct R&D activities under this exemption must submit a certification stating compliance with the provisions of the exemption prior to initiation of the activity. Persons engaged in R&D activi- tites that do not qualify for te con tained structure exemption or are not speifically exempted under Sec. 725.239 must submit a TSCA experimental release application (TERA) 60 days prior to commenc ing such activities. Thus, the TERA process pro vides a shortened review period compared to the MCAN process and the data requirements are somewhat less burdensome than the MCAN dta requirements. EPA may extend the TERA review peri od by 60 days for "good cause." Unlike the MCAN or PMN, howev er, if EPA determines prior to expi ration of the TERA review period the activity does not pose an unrea sonable risk to human health or te environment, EPA would allow the R&D activity to proceed prior to ex piration of the review period. Final Action Plan On June 20, 1994, EPA pub lished its final action plan to reform the CBI provisions of TSCA in re sponse to a study indicating that many CBI claims were inappropri ate, the rate of CBI claims was in creasing and CBI claims inhibit public access to TSCA-generated CBI provisions: A CBI sunset rule requiring companies to reassert CBI claims after a certain time period or lose CBI protection. A high-level signature rule re quiring a senior corporate official to sign off on CBI claims. Up front CBI substantiation for most claims except those made in PMNs. In addition, the final action plan includes a number of non-regulato- ry initiatives: 4 Education of the reporting com munity about what information should be claimed as CBI and of the public about what non- CBI data is available under TSCA. 4 Information dissemination aimed at making non-CBI avail able more easily and in a more usable form. Dialog between representatives of the Chemical Manufacturers Association (CMA) and states that are members of the Forum on State and Tribal Toxics Ac tion (FOSTTA) to explore ways to disseminate TSCA CBI to state officials. 4 Review and amendment of most of its regulations and poli cy statements on CBI to insure clarity. 4 Continuation of the Challenge Program to evaluate CBI claims for appropriateness. 4 Review of old CBI claims by chemical companies to uncover claims that are no longer neces sary. On Nov. 23. 1994. EPA pub lished in the Federal Register a comprehensive proposal to revamp its Confidential Business Informa tion rules under 40 C.F.R. Pan 2. 59 Fed. Reg. 60,446. Ponions of this proposal address the three rule making initiatives EPA discussed in its TSCA CBI Final Action Plan. First, the proposed rule adds a definition for "senior management official" at 40 C.F.R. Sec. 2.306(a)(7) and requires that all CBI claims be signed by a "senior management official." Second, the proposed rule now requires up front substantiation of all CBI claims for data submined pursuant to TSCA Secs. 8(c), 8(d), 4(e) and 4 (chemical identity). Finally, although the proposed rule does not actually establish any sunset provision for information claimed to be confidential, it does establish a framework within which the Agency may promulgate regulations requiring that submit ters reassert a confidentiality claim or it will expire. EPA specifically declined to use this framework now to establish sunset provisions for any data received under TSCA, but solicited comments regarding how best to do so in the future. Program Update On June 29, 1994, EPA dissemi nated by letter to interested parties its long-awaited guidance for the Chemical Additives Amnesty Pro gram. The program is being devel oped in order to correct what the agency believes is widespread non-compliance in the regulated community with the exemption from PMN requirements for chemi cals created when various types of additives are used in mixtures. This issue surfaced when EPA declared that PMNs were required r DSW 1 2 2 6 2 9 STLCOPCB4032577 April 1995 61 for certain "polymer salts' that form when manufacturers mix an add-functionally polymer with a base in water, thereby creating a transient salt of the* polymer in so lution. In the June 29 letter, EPA states that a substance is excluded from the Inventory or PMN reporting re quirements if: the substance is formed from a chemical reaction that involves the use of a chemical substance of the type described under 40 C.F.R. Sec. 710.4(d)(7) or Sec. 720.30(h)(7); the substance does not function to provide one or more primary properties that would deter mine the use of the product or product mixture distributed in commerce, even though it may impart certain physicochemical characteristics to the product, product mixture or formulation of which it is a part; and the substance is not itself the one intended for distribution in commerce as a chemical sub stance perse. Although it may . be a component of the product, product mixture or formulation actually distributed in com merce, it has no commercial purpose separate from the product, product mixture or formulation of which it is a component. Pursuant to this guidance, the "polymer salts" that initially stirred the controversy over this exemp tion presumably would be exempt based on the following example provided by EPA in the letter. Where an acid polymer in con verted to its soluble amine salt dur ing an ink formulation process in which other ingredients are added, the polymer salt formed as a result of a chemical reaction that brings the insoluble acid polymer into so lution is exempt because it -does not itself contribute a primary property that is essential to the functioning of the ink as a viable .commercial product; is not itself the product intended for distribu tion in commerce as a chemical substance perse, and has no com mercial purpose separate from the ink formulation. Nevertheless, even with this new guidance, de termining whether a particular chemical substance is exempt can be challenging. PCB Mega-amendments On Dec. 6, 1994, EPA published a proposed rule addressing more than 50 PCB regulatory issues, commonly called the PCB mega-amendments because it is a comprehensive overhaul of the PCB regulations. 59 Fed. Reg. 62,788. The most significant Changed proposed'in the rule is the deregulation of disposal require ment for high-volume, low-con centration PCB wastes, such as contamination at superfund sites, metal shredding facilities, and RCRA corrective action sites. The proposal would allow more flexibility in disposing of these PCB contaminated wastes, leading to less incineration of wastes with low levels of PCB contamination. Ac cording to EPA, the proposal is de signed to provide EPA regional ad ministrators more flexibility in approving remedial plans as a way of reducing costs associated with cleanups. EPA estimates that the proposed revisions could save in dustry between $2 billion and $6 billion per year. In addition to this change in the disposal requirements for high-vol ume, low-concentration PCB wastes, the proposal would amend the PCB disposal rules to: allow for the recognition of PCB waste management activi ties undertaken under other Federal or State authorities; delete out-of-date provisions, modify the regulations to ad dress problems in their applica bility or implementation, make certain policies and provisions consistent with the require ments of other Federal statutes and reduce requirements for PCB disposal activities which present a ds rzir.imis risk; and provide certain authorizations and exemptions which would address the need for the scien tific community to conduct re search as well as health and en vironmental studies on PCBs and on media contaminated with PCBs (to include process ing and distribution in com merce of PCBs) for the develop ment of innovative disposal technologies which otherwise would require issuance of a dis posal approval. CU1 Activities EPA is considering a new infor mation collection initiative which it calls the Chemical Use Inventory (CUD, essentially a compilation of data related to the use of chemicals in commerce and resulting human and environmental exposures. EPA is considering gathering this infor mation via two sources; an amend ment of the Toxic Substances Con trol Act Inventory Update Rule (IUR) applicable to chemical manu facturers and importers and an ex pansion of .the Toxic Release In ventory (TRI) reporting requirements applicable to U.S. manufacturing, processing and dis tribution facilities. EPA intends to use these data to better understand potential chemi cal exposures and identify which chemicals in commerce are of high est concern; establish priorities and goals for chemical risk assessment, management and prevention; iden tify potentially safer substitute chemicals; and enhance the effec tiveness of chemical risk communi cation. As part of these changes. EPA may substantially reduce the ability of companies reporting under the IUR and TRI to claim their submis sions as confidential i: DSW 1 2 2 6 3 0 STLCOPCB4032578 62 Chemical Times & Trends The IUR currently requires chemical manufacturers, including importers, to report to EPA only the chssiidis jWjir produce, loc2- tions of manufacturing facilities or the business unit responsible for importation and the quantities pro duced. EPA is considering requiring IUR reporting every two years in stead of every four years; on manu facture of previously exempted in organic chemicals; of the reporting companies' EPA identification numbers to facilitate linkage if IUR information with TRI information; and on the basis of calendar years rather than the companies' fiscal years. In addition, EPA intends to create a publicly available report containing all of the non-confiden- tial information collected under the IUR. EPA also may expand the annu al TRI reporting applicable to U.S. facilities to require information on worker exposure indicators and demographics, material use, ac counting information and condi tions of toxic use within facilities. EPA intends to negotiate these rule changes with interested com panies, environmental interest groups and other members of the public, and issue proposed rules during 1995. In a September 1994 public meeting, EPA encouraged companies, interest groups and members of the public to provide EPA with their comments concern ing possible new IUR and TRI re quirements. Companies wishing to have EPA consider their concerns about the proposed rule should now be organizing to participate in the EPA process. Chemical Regulation The regulation of chemical sub stances is not unique to the U.S. Many countries have, or are devel oping, regulations that parallel roughly the U.S. Toxic Substances Control Act. For example, China has imposed chemical registration. testing and fee requirements on chemical imports only. The dis criminatory nature of such require- snsnts hss not oniv U.S. industry, but EPA and Department of Com merce officials, understandably concerned. Korea's TSCA equivalent is op erating, but apparently is not being enforced against domestic manu facturers. In addition, Canada, the Philippines, Taiwan and Australia recently have enacted TSCA-like laws and are in varying states of implementation, and Mexico antici pates enacting similar legislation within the next one to two years. Finally, the European Union has well-established harmonized chemical control laws, but these re quirements, much like those here in the U.S., are always changing. The challenge to U.S. businesses selling chemical products abroad is to keep abreast of these develop ments and avoid loss of sales due to lengthy delays in getting a prod uct approved for sale into a foreign market. At 1. 40 C.F.R. Sec. 710.4 (1992). 2. 40 C.F.R. Sec. 720.25(bXl). 3. 40 C.F.R. Sec. 720.25(b)(2). 4. 40 C.F.R. Sec. 720.102. 5. See TSCA Sec. 3(2XB). 6. TSCA Sec. 5(a)(lXB),(a)(2); 40 C.F.R. Sec. 721. 7. See 40 C.F.R. Sec. 721. 8. TSCA Sec. 2(b)(1). 9. TSCA Sec. 4(a)(1). 10. TSCA Sec. 4(e)(1)(A). 11. TSCA Sec. 4(aXl)(A). 12. Id. 13. TSCA Sec. 4(a)(1)(B). 14. 45 Fed. Reg. 48,528 (July 18.1980). 15. 50 Fed. Reg. 20,664 (May 17,1985). 16. 58 Fed. Reg. 28.735 (May 14,1993). 17. 40 C.F.R. Sec. 790.45. 18. 40 C.F.R. Sec. 790.45(e), (0. 19. 40 C.F.R. Sec. 790.48(aX3). 20. TSCA Sec. 4(f). 21. Id. 22. 40 C.F.R. Sec. 712. 23. 40 C.F.R. Sec. 712.25. 24. 40 C.F.R. Sections 704.1-704.225. 25. 58 Fed. Reg. 63.134 (1993). 26. 51 Fed. Reg. 21,438 (1986). 27. 40 C.F.R. Sec. 710.26. 28. 40 C.F.R. Sec. 710.28(a). 29. 40 C.F.R. Sec. 710.37. 30. 40 C.F.R. Sec. ~l~.3(i). 31. 40 C.F.R. Sec. 717.12(b). 32. 40 C.F.R. Sec. 71T12(c). 33- 40 C.F.R. Sec. 71-.10(b)(2). 34. 40 C.F.R. Sec. 717.3U). 35. 40 C.F.R. Sections 716.60. .65. 36. TSCA Sec. 13(a)(1). 37.19 C.F.R. Sec. 101.1(e). 38. 19 C.F.R. Sec. 12.121(a). 39.19 C.F.R. Sec. 101.3(b). 40.19 C.F.R. Sec. 162.1a(a)(2). .lb. .lc. 41. TSCA Sec. 12(a)(1). 42. TSCA Sec. 12(a)(1)(B). 43. 58 Fed. Reg. 40,238 (Julv 27.1993). 44. 40 C.F.R. Sec. 707.65(A)(2). 45.45 Fed. Reg. 82.844 (Dec. 16. 1980). 46. See40 C.F.R. Sec. 707.60(c). 47. See Memorandum from Thomas L. Adams. Jr., Assistant Administrator for Enforcement and Compliance Monitoring. EPA. Final EPA Policy on the Inclusion of Environmental Auditing Provisions in Enforcement Settlements (Nov. H. 1986) (En forcement Audit Policy). 48. Id. at 2. DSW 12263,1 STLCOPCB4032579 Contract Manufacturers {I 1 DSW 122632 l STLCOPCB4032580 Contract Manufacturers CMA's Responsible Care Codes Solutia Program #7 Definition of Contract Manufacturing "Outside Processor Assessment" Contracting Details *DSW 122633 STLCOPCB4032581 Responsible Care Product Stewardship Code Select contract manufacturers who employ appropriate practices for health, safety and environmental protection for the operations under contract. Work with contract manufacturers to help them implement such practices. Provide information and guidance appropriate to the product and process risk to foster proper handling, use, recycling and disposal. Periodically review performance of contract manufacturers. DSW 122634 STLCOPCB4032582 Responsible Care Pollution Prevention Code Select, retain, and review contractors and toll manufacturers taking into account sound waste management practices that protect the environment and the health and safety of employees and the public. DSW 122635 STLCOPCB4032583 SOLUTIA PROGRAM #7 OUTSIDE PROCESSORS 05W 122636 STLCOPCB4032584 OVERVIEW Program 7 Outside Processors Introduction This program describes policies, goals, standards and procedures necessary to implement Solutia's commitment to .. ensure that our operations and distribution systems are safefor employees, site contractors, communities and the environment." Policy To support its operations, the company will select outside processors that will operate with concern for worker safety, regulatory compliance, community protection, and protection of the environment. Goal The company will pursue into its outside processor plan the specific goal to manage the company's exposure to present and future liabilities associated with the use of outside processors by n^jngjjjing aBfiHLassessmfints for each outside processor used. Measuring Progress To measure outside processors used, status of assessments, and status of contracts. rds that document the For Further Information When further information or clarification is required, you may contact the following: ISSUE OWNER H. D. (Dunny) Toy, Policy & Compliance, F2EI (314)674-6698 Program Approval The content of this program was approved by Continued on next page CSW 122637 P7-1 COMPANY CONFIDENTIAL STLCOPCB4032585 OVERVIEW, Continued In This Program This program contains the following procedures. Procedures P7.1 OUTSIDE PROCESSORS P7.2 TOLL MANUFACTURERS See Page P7-3 P7-4 <DRAFT> OSW 122638 P7-2 COMPANY CONFIDENTIAL STLCOPCB4032586 P7.1 OUTSIDE PROCESSORS P7.1.1 Introduction P7.1.2 Applicability P7.1.3 Selection Elements P7.1.4 Assessments This section describes procedures to be used to accomplish the company's specific goals regarding outside processors. This section applies to firms which provide services related to Solutia chemicals, products or wastes. This includes toll manufacturers, which are a subset of Outside Processors and which are detailed in the next section of this chapter. The company will use only outside processors that have been selected and periodically assessed to ensure their ability to protect the public, employees and the environment adequately from any adverse effect of the company's chemicals, products or wastes, compliance with all applicable laws and regulations, knowledge of potential hazards and any applicable manufacturing requirements associated with the handling of company materials, and use of waste disposal methods and locations as specified by contracts, with recordkeeping of all material use and waste disposal. Before they are ibject to P7.1.5 Assessment Requirements approvals and reviews by others as appropriate. NOTE: The Leader, ESH Policy & Compliance co-approves selection of waste management firms, including cleaning firms. Initial assessments are intended to be thorough and multi-disciplinary. Periodic reassessments will concentrate on general performance and deficiencies previously defined. P7.1.6 Waivers On-site assessments of outside processors are required unless waived by both the Leader, ESH Policy & Compliance and the Director of Manufacturing and formally documented. Any such waivers must be resolved or re-approved every three years or less. P7.1.7 Waste Management For outside processor categories other than toll manufacturing (waste management, cleaning services, etc.), a processor's waste management practices will be reviewed as part of the on-site assessment. P7.1 OUTSIDE PROCESSORS, Continued Continued on next page DSW 12263,9 P7-3 COMPANY CONFIDENTS I STLCOPCB4032587 P7.1.8 Worldwide Applicability These elements will be implemented worldwide, with modifications to reflect local conditions and the extent of the company's operating control. <DRAFT> 0SW 122640 P7-4 COMPANY CONFIDENTIAL STLCOPCB4032588 P7.2 TOLL MANUFACTURERS P7.2.1 Introduction This section describes procedures to be used to accomplish the company's specific goals regarding toll manufacturers. P7.2.2 Applicability This section applies to toll manufacturers, which are firms under arrangements where Solutia owns two or more of the following factors: raw materials, process technology, or some or all of the output. Pilot plant operations for process development and/or market introduction are included. P7.2.3 Accountability The Director of Manufacturing is the primary person accountable for ensuring that the initial assessments, contracts and other provisions are in place prior to commencing operations. Approval must be based on the assessment and any waivers (see 7.2.10, Waivers). The Director of Manufacturing will consult as needed with business and environmental management. The decision to toll will be reviewed and re-approved by the Director of Manufacturing, or equivalent, at least every three years. P7.2.4 . Selection Elements ability to produce to market demands, producing quality product cost-effectively, capability to manage key external relations, and financial condition, which must be able to prevent business interruption and support the value of indemnifications. P7.2.5 Initial Assessment Sites will be assessed against Solutia as the standard. The initial assessment is intended to be thorough and to cover environmental compliance, groundwater history/protection, safety and IH status and programs, waste management, knowledge of Solutia technology, and general knowledge/performance against the tenets of Responsible Care or similar programs worldwide. Continued on next page 43 SW 12641 P7-5 COMPANY CONFIDENTIAL STLCOPCB4032589 P7.2 TOLL MANUFACTURERS, Continued P7.2.6 Reassessment and Additional Requirements Periodic reassessment will be conducted at least every three years. For those operations under contract to Solutia, tollers must also have a spill response plan, and Groundwater Protection Plan. P7.2.7 Waste Management Toll manufacturers, including bulk terminals and transloading, will take title to, adopt and own any wastes generated, and manage them as their own under manifests and contracts. P7.2.8 Shipping Operations Toll manufacturers involved in shipping of hazardous or regulated materials for Solutia will be supported and controls verified to be in place at the same level as such operations at Solutia locations. P7.2.9 Where feasible and desired by the Director of Manufacturing, costs of toller assessment, Cost Accounting oversight and management will be borne by the tolled products at the cost-of-goods level. P7.2.10 Waivers nations, and assessments. Any such waivers must be resolved or reapproved every three years or less. Where improvements are stipulated as a condition of approval, the work plan will be reviewed annually. P7.2.11 Exclusions Vendor equipment tests or bench-scale manufacture of small quantities/samples are conditionally excluded, dependent on coverage by purchase order or contract, Solutia stipulation of return of materials or disposal method/location of wastes, and exchange of material safety and handling information. P7.2.12 Termination A termination plan, put into place when toll operations are initiated, will be executed when operations are discontinued. SW 1226^2 P7-6 COMPANY CONFIDENTIAL STLCOPCB4032590 What is a "Contract Manufacturer"? Conversion - Raw materials are converted to product which is returned to Solutia for sale or use as intermediate. Processing - Change in physical properties, e.g., milling, granulating, or sizing. Blending - Solids and/or liquids are physically mixed to make a product. Recovery - Spent material, e.g., catalyst or solvent, is treated in order to be reusable. Purification - Material quality is modified; improved to meet specifications for use or sale. Packaging/Repackaging - Product is packaged, or repackaged into smaller or larger containers, with Solutia labels. DSU STLCOPCB4032591 Selection and Periodic Reviews Are Documented In "Outside Processors Assessments" 13-page Sol utia form: Business aspects Technology/material transfer Environmental control - Air/Water/Waste - "Superfund'VSARA Industrial hygiene/safety Conducted by Solutia plant environmental personnel (or consultants) Initially and every 3 years Approved by Directors of Policy and Manufacturing Timely follow-up on any "conditions" 0Sw 122644 STLCOPCB4032592 OUTSIDE PROCESSOR ASSESSMENT 1 Company Name: Mailing Address: Facility Address: (Specific Site) Name / Title of Facility Contact: Phone Number: SIC CODS: Summary of service to be performed (materials, specific service, how much, value, etc.): Processor's prior experience with similar services: Service code(s) (see Pledge Guideline #7) : Brief evaluation of alternatives (other processes, other means, costs) to this arrangement: Solutia Plant Location: Department Contacts (Name and Phone Number): Environmental - Production Unit - Purchasing - Research -- Law - SW 122645 STLCOPCB4032593 BUSINESS ASPECTS OF PROCESSOR 2 Give a description of the processor's business, size, reputation, and a measure of his financial stability. Attach brochures, advertisement copy, letters of estimate, etc. CORPORATE/FACILITY OWNERSHIP STRUCTURE: Publicly Traded? Yes _ No _ Describe the organization structure and relationship to Parent; note major ownership/structure changes in the past 5 years; years in business; facility operation at this location: INSURANCE SUMMARY: Attach processor's Certificate of Insurance. Insurance Broker: Workman's Compensation Amount: Bodily Injury and Death Amount: Property Damage Amount: Facility General Liability Amount: Environmental Impairment Amount: RCRA Closure/Post Closure Estimates: RCRA Closure/Post Closure Financial Assurance Mechanism: SW 122646 STLCOPCB4032594 BUSINESS ASPECTS (cont'd.) 3 Give an analysis of the impact this arrangement will have on processor's business. List other products, services and customers Processor has besides this arrangement. Do any of these present unusual risks to workers or the environment? What is potential for contamination appearing in Solutia's goods or service? DSW 122642 STLCOPCB4032595 TECHNOLOGY TRANSFER Describe technology or technical assistance Solutia would be supplying processor. Attach copies of agreements, reports, etc. 4 Describe safety and health information supplied to processor. State if processor gives indications that the information is understood. List copies of HSDS, labels, and other documents given to processor. State personnel and equipment to be used to fulfill goals of this arrangement. DSW 122648 STLCOPCB4032596 MATERIAL TRANSFER 5 Describe specifications of material supplied to processor. Are other raw materials covered by specifications? Attach copies of labels and spec sheets, if available. Describe specifications of materials supplied to Solutia. State quality control measures to be used by processor. If a product is to be sold to Monsanto customers, indicate plans for quality control in detail. Give test methods, "specs," shipping arrangements and contents of labels. Give procedures for handling customer complaints. Recordkeeping? J3SW 1*2649 STLCOPCB4032597 ENVIRONMENTAL CONTROL Site History. Site Assessment report available? 6 Results of Regulatory Agency database search. Summarize outside processor's ability to properly handle wastewater, emissions, and waste. Include key permit numbers and expiration dates. Water Permit No.: Status/Compliance. 0SW 1*2650 STLCOPCB4032598 Air Permit No.: Status/Compliance. ENVIRONMENTAL CONTROL (coat'd) Solid Waste Permit No. : Status/Compliance. RCRA related issues. TSCA related issues. FIFRA related issues. 7 DSW 12 Zb 51 STLCOPCB4032599 ENVIRONMENTAL CONTROL (cont'd) Describe Site Location And Surrounding Area: 8 Hydrology Information For Landfill (attach when applicable): On-Site Groundwater Contamination - Monitoring or Other Wells. Results. TJST/AST Status. DSW 122652 STLCOPCB4032600 ENVIRONMENTAL CONTROL (cont'd.) 9 CERCLA (Superfund) Notification: Describe company's involvement, $ estimate. Potential CERCLA/Superfund Liability to Monsanto from Processor/Adjacent Sites. SARA TITLE III (Community-Right-To-Know). - Emergency Planning (301/303), Notification (304), MSDS Submission/Inventory (311/312), and Annual Release Reporting (313): Describe company's awareness of requirements, submittal of reports, etc. Release ENFORCEMENT ACTIONS (filed or pending): Describe any administrative orders, consent orders, notices of violation (NOV's), etc. THIRD-PARTY LITIGATION (filed or pending): Please describe. DSW 122653 STLCOPCB4032601 INDUSTRIAL HYGIENE / SAFETY Give information on housekeeping and safety aspects of processor's facilities. 10 Employee Training Programs. Process Safety Management. What equipment does processor have to assure worker safety while handling materials under this arrangement? What about other activities of business done at this site? Risk Management Plan. Has the processor developed a Risk Management Plan? 0Sw 122654 STLCOPCB4032602 INDUSTRIAL HYGIENE/SAFETY (Cont'd) What provisions does processor have for handling flammables and to minimize risk of fire and explosion? 11 Recordkeeping. Date of last OSHA inspection. Results of inspection. Any citations issued. l^65s STLCOPCB4032603 OUTSIDE PROCESSOR APPROVAL FORM Company Name: Headquarters Address: Headquarters Contact: Facility Address: Facility Contact: iPhone: __ Phone: Initial Assessment: __________________ or Reassessment: _______ Contract For Services in Place: _ Yes _ No _ Negotiation Service to be Performed:___________________________________________ _________ 12 Service Code(s) (see Pledge Manual Program #7): Other Activities At Site: _____ Monsanto users conducting assessment: 0S" 2656 STLCOPCB4032604 OUTSIDE PROCESSOR APPROVAL FORM 13 Company Name: Recommendation (complete one of the following three sections): - Recommended Reassess in months - Recommend interim approval based upon the following conditions: Reassess in _____ months - Not recommended o Assessment conducted by: . (Name, Date) _____________________________________________ o Strategic Business Unit: __________________________________ For: (Sites) o Approved by: o Plant or Staff Manager: ___________________________ o Environmental Manager: ____________________________ o Director of Environmental, Safety & Health: o Director of Manufacturing: ______________________ o Other SBU(s) Utilizing Facility: _________;____________ DSW 122657 STLCOPCB4032605 Solutia Purchasing Will Approve All Contract Manufacturing Agreements Manager, Toll Manufacturing - W. F. (Bill) Parker Mail Zone F2WB Phone 4-7030 Environmental Manager - DunnyToy Mail Zone F2EI Phone 4-6698 DSU 1*1658 STLCOPCB4032606 Wastes / OSH 1*2265.9 STLCOPCB4032607 What Do I Need To Know About Waste Management As A Product Steward? 1 How does a customer manage our products when they become wastes? 2 MSDS will say if the material is "hazardous" per RCRA in the Disposal Considerations section once it becomes a waste. 3 Spills of "listed" material and spill cleanup residues which meet a hazardous "characteristic" are hazardous. __ 4 Containers which contained a "listed" or "characteristic" material are hazardous, unless "empty" (see attached definition). However, containers of "acute" products (P listed) are still hazardous unless triple rinsed. Discourage reusing Solutia product drums for wastes. Note: DOT regulates drum reuse. MWM 2/92 1^660 What Do I Need To Know About Waste Management As A Product Steward? Cont'd: 5 Generally, spent materials can be reused, and remain outside of RCRA, as long as they can be reused as is (no filtering, no distillation, etc.). Note: This is one of the most confusing sections of RCRA. Get help! Don't speculate! 6 Mixing of "listed" hazardous waste with nonhazardous wastes, even if not intentional, results in the entire volume being hazardous. 7 Solutia strongly urges disposal by incineration because it destroys the waste and because "land ban" regulations often require incineration. 8 No Solutia facility is permitted to accept hazardous wastes from customers. 9 STATE LAWS MAY VARY!!! MWM 2/92 csw 122661 STLCOPCB- What Do I Need To Know About Waste Management As A Product Steward? Cont'd: 10 Some Solutia fluids can be disposed of or returned as used oil. See MSDS disposal considerations section for applicability. Final Note: A Product Steward needs to know when RCRA might apply, not necessarily what the RCRA requirements might be. MWM 2/92 DSW 122662 STLCOPCB4032610 Resource Conservation & Recovery Act (RCRA 1976) Hazardous & Solid Waste Amendments (HSWA1984) USEPA has developed a fairly precise concept of "hazardous": - Physical/chemical properties (characteristic) - Specific chemical (listed) - Waste from identified source (listed) Definition of when a material is a "waste" is less clear. - Check with an Environmental Manager or Product Safety Manager if in doubt "Cradle to Grave" approach - "Government's management tools" are: - Generator and transporter standards - Facility standards treatment, storage and disposal - Inspection/Recordkeeping MWM 2/92 DSW 122663 STLCOPCB4032611 Characteristic Hazardous Wastes The following describes physical and chemical properties of wastes which make them hazardous under RCRA. MWM 2/92 DSW 122664 STLCOPCB4032612  261.20 IDENTIFICATION AND LISTING Subpart C--Characteristics of Hazardous Waste 261.20 General. (a) A solid waste, as defined in 261.2, which is not excluded from regulation as a hazardous waste under 261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this subpart. [Comment: Section 262.11 of this chapter sets forth the generator's responsibility to determine whether his waste exhibits one or more of the characteristics identified in this subpan] ' (b) A hazardous waste which is identified by a characteristic in this Subpart is assigned every EPA Hazardous Waste Number that is applicable as set forth in this Subpart. This number must be used in complying with the notification requirements of Section 3010 of the Act and all applicable recordkeeping and reporting requirements under Parts 262 through 265, 268, and 270 of this chapter. (c) For purposes of this subpart, the Administrator will consider a sample obtained using any of the applicable sampling methods specified in Appendix I to be a representative sample within the meaning of Part 260 of this chapter. [Comment: Since the Appendix I sampling methods are not being formally adopted by the Administrator, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his method under the procedures set forth in 260.20 and 260.21.] [45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1. 1983; 51 FR 40636. Nov. 7,1986; 55 FR 22684, June 1, 1990; 56 FR 3876, Jan. 31,1991] 261.21 Characteristic of ianitabilitv. (a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties; (1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has flash point less than 60C (140F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (incorporated by reference, see 260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference, see 260.11), or as determined by an equivalent test method approved by the Administrator under procedures set forth in 260.20 and 260.21. RCRA--281 . (2) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, bums so vigorously and persistently that it creates a hazard. (3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as determined by the test methods described in that regulation or equivalent test methods approved by the Administrator under 260.20 and 260.21. (4) It is an oxidizer as defined in 49 CFR 173.151. . (b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001. [45 FR 33119, May 19,1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990] 261.22 Characteristic of corrosivity. RCRA--127 (a) A solid waste exhibits the characteristic of corrosivity ifa representative sample of the waste has either of the following properties: RCRA--286 (1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040 in `Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as in corporated by reference in 260.11 of this chapter. (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55C (130F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in `Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW846, as incorporated by reference in 260.11 of this chapter. (b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of D002. [45 FR 33119. May 19, 1980, as amended at 46 FR 35247. July 7. 1981; 55 FR 22684, June 1, 1990; 58 FR 46049, Aug. 31. 1993] 48 ^SW 122665 1997 by Elsevier Science Inc. STLCOPCB4032613 identification and listing 261.24 261.23 Characteristic of reactivity. RCRA--35. 126 (a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: (1) It is normally unstable and readily undergoes violent change without detonating. (2) It reacts violently with water. (3) It forms potentially explosive mixtures with water. (4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment. (5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment (6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or ifheated under confinement. RCRA--134 (7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure. (8) It is a forbidden explosive as defined in 49 CFR 173.51, or a Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as defined in 49 CFR 173.88. (b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003. [45 FR 33119, May 19. 1980, as amended at 55 FR 22684, June 1. 1990] 261.24 Toxicity characteristic. RCRA--136, 242,268. 301.309 (a) A solid waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, Test Method 1311 in `Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 260.11 of this chapter, the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section. (b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous. TABLE 1.--MAXIMUM CONCENTRATION OF CONTAMINANTS FORTHE TOXICITY CHARACTERISTIC EPA HW No.1 Contaminant CAS No.2 Regulatory Level (mg/L) EPA HW No.1 Contaminant CAS No.2 Regulatory Level (mg/L) D004 0005 0018 D006 0019 0020 0021 D022 0007 D023 0024 D025 0026 D016 0027 D028 D029 0030 D012 0031 D032 Arsenic Barium Benzene Cadmium Carbon tetrachloride Chlordane Chlorobenzene Chloroform Chromium o-Cresol m-Cresoi p-Cresol Cresol 2,4-0 1,4-Dichlorobenzene 1,2-Dichloroethane 1,1 -Dichloroethylene 2,4-Dinitrotoiuene Endrin Heptachlor (and its epoxide) Hexachlorobenzene 7440-38-2 7440-39-3 71-43-2 7440-43-9 56-23-5 57-74-9 108-90-7 67-66-3 7440-47-3 95-48-7 108-39-4 106-44-5 94-75-7 106-46-7 107-06-2 75-35-4 121-14-2 72-20-8 76-44-8 118-74-1 5.0 100.0 0.5 1.0 0.5 0.03 100.0 6.0 5.0 <200.0 <200.0 <200.0 <200.0 10.0 7.5 0.5 0.7 30.13 0.02 0.008 ^.IS D033 Hexachlorobutadiene D034 Hexachloroethane D008 Lead RCRA--375 0013 Lindane 0009 Mercury RCRA--311 0014 Methoxychlor D035 Methyl ethyl ketone 0036 Nitrobenzene 0037 Pentrachlorophenol D038 Pyridine D010 Selenium 0011 Silver 0039 Tetrachloroethylene 0015 Toxaphene D040 Trichloroethylene D041 2,4,5-Trichlorophenol D042 2,4,6-Trichlorophenol D017 2,4,5-TP (Silvex) 0043 Vinyl chloride 87-68-3 67-72-1 7439-92-1 58-89-9 7439-97-6 72-43-5 78-93-3 98-95-3 87-86-5 110-86-1 7782-49-2 7440-22-4 127-18-4 8001-35-2 79-01-6 95-95-4 88-06-2 93-72-1 75-01-4 0.5 3.0 5.0 0.4 02. 10.0 200.0 2.0 100.0 35.0 1.0 5.0 0.7 0.5 0.5 400.0 2.0 1.0 0.2 'Hazardous waste number. ^Chemical abstracts service number. 'Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level. 4If o-. m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/1. [55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 FR 26987, June 29, 1990; 58 FR 46049, Aug. 31. 1993] 1997 by Elsevier Science Inc. DSH 122666 49 STLCOPCB4032614 Listed Hazardous Wastes The inherent properties of certain chemicals has caused USEPA to specifically list them by chemical name as hazardous. "P listed" waste are "acute" hazardous wastes and "U listed" wastes are "toxic" hazardous wastes. Slightly different management requirements apply and case-specific evaluations are frequently necessary to define exact regulatory requirements. MWM 2/92 05w 1Z266,7 STLCOPCB4032615  261.33 IDENTIFICATION AND LISTING 26133 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. RCRA--29.122. 211 The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in 261.2(a)(2)(i), when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel. (a) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (0 of this section. . (b) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section. RCRA--311 (c) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) of this section, unless the container is empty as defined in 261.7(b) of this chapter. RCRA--334 [Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, EPA considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the churn is sent to a drum reconditioner who reconditions the drum but discards the residue.] (d) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section. RCRA--19, 226, 235. 290. 349 ' [Comment: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in . . refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (e) or (0- Where a manufacturing process waste is deemed to be a hazardous waste because it contains (f),a substance listed in paragraph (e) or such waste will be listed in either 261.31 or 261.32 or will be identified as a hazardous waste by the characteristics set forth in Subpart C of this part.] RCRA--211,273, 306, 390 (e) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H) and are subject to be the small quantity exclusion defined in 261.5(e). RCRA--358 - [Comment: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity.] These wastes and their corresponding EPA Hazardous Waste Numbers are: DSU 1226A8 56 1997 by Elsevier Science Inc. STLCOPCB4032616 IDENTIFICATION AND LISTING k P us reft vr Hazardous waste No. Chemical Abstracts No. Substance Hazardous waste No. Chemical Abstracts No. * 261.33 Substance P023 P002 P057 P058 P002 P003 P070 P203 P004 P005 P006 P007 P008 P009 P119 P099 P010 P012 P011 P011 P012 P038 P036 P054 P067 P013 P024 P077 P028 P042 P046 P014 PI 27 PI 88 107-20-0 591-08-2 640-19-7 62-74-8 591-08-2 107-02-8 116-06-3 1646-88-4 309-00-2 107-18-6 20859-73-8 2763-96-4 504-24-5 131-74-8 7803-55-6 506-61-6 7778-39-4 1327-53-3 1303-28-2 1303-28-2 1327-53-3 692-42-2 696-28-6 151-56-4 75-55-8 542-62-1 106-47-8 100-01-6 100-44-7 51-43-4 122-09-8 108-98-5 1563-66-2 57-64-7 P001 '81-81-2 P028 100-44-7 P015 7440-41-7 HCRA-291 P017 598-31-2 P018 357-57-3 P04S 39196-18-4 P021 P021 PI 89 592-01-8 592-01-8 55285-14-8 Acetaldehyde, chloroAcetamide, N-(aminothioxomethyl)- Acetamide, 2-fluoroAcetic acid, fluoro-, sodium salt l-Acetyl-2-thiourea Acrolein Aldicarb Aldicarb suifone. Aldrin Ally! alcohol Aluminum phosphide (R,T) 5-(Aminomethyl)-3-isoxazolol 4-Aminopyridine Ammonium picrate (R) Ammonium vanadate Argentate(l-), bis(cyano-C)-, potassium Arsenic add HjAsO* Arsenic oxide As203 Arsenic oxide As205 Arsenic pentoxide Arsenic trioxide Arsine, diethylArsonous dichloride, phenyl- Aziridine Aziridine, 2-methylBarium cyanide . Benzenamine, 4-chloro- Benzenamine, 4-nitroBenzene, (chloromethyl)1,2-Benzenediol, 4-[1-hydroxy-2-(methyl- amino)ethyl}-, (R) Benzeneethanamine, alpha,alpha- dimethylBenzenethiol 7-Benzofuranol, 2,3-dihydro-2,2- dimethyt-.methylcarbamate. Benzoic add, 2-hydroxy-, compd. with (3aS-ds)-1,2,3,3a,8,8a-hexahydro1,3a,8-trimethyipyrTOlol2r3-b]indol5-yl methyfcarbamate ester (1:1). 2H-1-Benzopyran-2-one, 4-hydroxy-3(3-oxo-1-phenylbutyi)-, & salts, when present at concentrations greater than 0.3% Benzyl chloride Beryllium powder Bromoacetone Brucine 2-Butanone, 3,3-dimethyt-1- (methylthio)-, 0-[(methylamino)carbonyt] oxime Caldum cyanide ' Caldum cyanide Ca(CN)2 Carbamic add, [(dibutylamino)thio]methyl-, 2,3-dihydro-2,2-dimethyl7-benzofuranyl ester. PI 91 PI 92 PI 90 PI 27 P022 P095 PI 89 P023 P024 P026 P027 P029 P029 P202 P030 P031 P033 P033 P034 P016 P036 P037 P038 P041 P040 P043 P004 P060 P037 P051 P044 P046 P191 P047 P048 P020 644-64-4 119-38-0 1129-41-5 1563-66-2 75-15-0 75-44-5 55285-14-8 107-20-0 106-47-8 5344-82-1 542-76-7 544-92-3 544-92-3 64-00-6 460-19-5 506-77-4 506-77-4 131-89-5 542-88-1 696-28-6 60-57-1 692-42-2 311-45-5 297-97-2 55-91-4 309-00-2 465-73-6 60-57-1 '72-20-8 60-51-5 122-09-8 644-64-4 '534-52-1 51-28-5 88-85-7 Carbamic add, dimethyl-, 1-[(dimethytamino)carbonyl]- 5-methyi-1Hpyrazol-3-yl ester. Carbamic add, dimethyl-, 3-methyl-1(1-methytethyl)-1H-pyrazol-5-yl ester. Carbamic add, methyl-, 3-methytphenyl ester. Carbofuran. Carbon disulfide Carbonic dichloride Carbosulfan. Chloroacetaldehyde p-Chloroaniline 1 -(o-Chlorophenyi)thiourea 3-Chloropropionitrile Copper cyanide Copper cyanide Cu(CN) m-Cumenyf methylcarbamate. Cyanides (soluble cyanide salts), not otherwise spedfied Cyanogen Cyanogen chloride Cyanogen chloride (CN)CI 2-Cydohexyl-4,6-dinitrophenol Dichloromethyt ether Dichlorophenylarsine Dieldrin Diethytarsine Diethyl-p-nitrophenyt phosphate 0,0-Diethyl O-pyrazinyl phosphorothioate Diisopropytfluorophosphate (DFP) 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro1,4,4a,5,8,8a-hexahydro-, (1 alpha,4alpha,4abeta, 5alpha,8alpha,8abeta)- 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro1,4,4a,5,8,8a-hexahydro-, (1 alpha,4alpha,4abeta, 5beta,8beta,8abeta)- 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro1 a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta, 2aalpha,3beta,6beta, 6aalpha,7beta,7aalpha)- 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro1 a,2,2a,3,6,6a,7,7a-octahydro-,(1aalpha,2beta, 2abeta,3alpha,6alpha,6abeta, 7beta,7aalpha)-, & metabolites Dimethoate alpha, alpha-Dimethylphenethytamine Dimetilan. 4,6-Dinitro-o-cresol, & salts 2,4-Dinitrophenol Dinoseb CSW 122669 1997 by Elsevier Science Inc. 57 STLCOPCB4032617  261.33 IDENTIFICATION AND LISTING Hazardous Chemical waste Abstracts No. No. Substance P085 Pill P039 P049 PI 85 152-16-9 107-49-3 298-04-4 541-53-7 26419-73-8 P050 115-29-7 P088 145-73-3 P051 72-20-8 P051 72-20-8 P042 51-43-4 RCRA--334 P031 460-19-5 PI 94 23135-22-0 P066 16752-77-5 PI 01 P054 P097 P056 P057 P058 PI 98 PI 97 P065 P059 P062 P116 P068 P063 P063 P096 P060 PI 92 P202 P007 PI 96 PI 96 P092 P065 P082 P064 P016 P112 P118 PI 98 107-12-0 151-56-4 52-85-7 7782-41-4 640-19-7 62-74-8 23422-53-9 17702-57-7 628-86-4 76-44-8 757-58-4 79-19-6 60-34-4 74-90-8 74-90-8 7803-51-2 465-73-6 119-38-0 64-00-6 2763-96-4 15339-36-3 15339-36-3 62-38-4 628-86-4 62-75-9 624-83-9 542-88-1 509-14-8 75-70-7 23422-53-9 PI 97 17702-57-7 Diphosphoramide, octamethytDiphosphoric add, tetraethyl ester Disulfoton Dithiobiuret 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, 0-[(methylamino)carbonyljoxime. Endosulfan Endothall Endrin Endrin, & metabolites Epinephrine Ethanedinitrile Ethanimidothioc acid, 2-(dimethylamino)N-[[(methylamino) carbonyljoxy]2-oxo, methyl ester. Ethanimidothioic acid, N-[[(methyiamino)carbonyl]oxy]-, methyl ester Ethyl cyanide Ethyleneimine Famphur Fluorine . Ruoroacetamide Ruoroacetic add, sodium salt Formetanate hydrochloride. Formparanate. Fulminic add, mercury(2+) salt (R,T) Heptachlor Hexaethyl tetraphosphate Hydrazinecarbothioamide Hydrazine, methyl- Hydrocyanic add Hydrogen cyanide Hydrogen phosphide isodrin Isolan. 3-lsopropyiphenyl N-methylcarbamate. 3(2H)-lsoxazolone, 5-(aminomethyi)- Manganese, bisfdimethylcarbamo dithioatoS.S')-, Manganese dimethyldithiocarbamate. Mercury, (acetato-O)phenyl- Mercury fulminate (R,T) Methanamine, N-methyl-N-nitroso Methane, isocyanato Methane, oxybis[chloro Methane, tetranitro (R) Methanethiol, trichloro Methanimidamide, N,N-dimethyl-N'-[3[[(methylamino)-carbonyl]oxy] phenyl]-, monohydrochloride. Methanimidamide, N,N-dimethyl-N'[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- 58 Hazardous Chemical waste Abstracts No. No. Substance P050 115-29-7 P059 76-44-8 PI 99 2032-65-7 P066 16752-77-5 P068 60-34-4 P064 624-63-9 P069 75-86-5 P071 298-00-0 PI 90 1129-41-5 PI 28 315-18-4 P072 86-88-4 P073 13463-39-3 P073 13463-39-3 P074 557-19-7 P074 557-19-7 P075 '54-11-5 P076 10102-43-9 P077 100-01-6 P078 10102-44-0 P076 10102-43-9 P078 10102-44-0 P081 55-63-0 RCRA--306, 347 P082 62-75-9 P084 4549-40-0 P085 152-16-9 P087 20816-12-0 P087 20816-12-0 P088 145-73-3 PI 94 P089 P034 PI 28 23135-22-0 56-38-2 131-89-5 315-18-4 PI 99 2032-65-7 P048 P047 P202 51-28-5 '534-52-1 64-00-6 P201 2631-37-0 P020 P009 88-85-7 131-74-8 P092 P093 P094 P095 P096 P041 62-38-4 103-85-5 298-02-2 75-44-5 7803-51-2 311-45-5 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro1,5,5a,6,9,9a-hexahydro-, 3-oxide 4,7-Methano-1 H-indene, 1,4,5,6,7,8,8heptachloro-3a,4,7,7a-tetrahydro- Methiocarb. Methomyi Methyl hydrazine Methyl isocyanate 2-Methyllactonitrile Methyl parathion Metolcarb. Mexacarbate. aipha-Naphthylthiourea Nickel carbonyl Nickel carbonyl Ni(CO)4r (T-4)Nickel cyanide Nickel cyanide Ni(CN)2 Nicotine, & salts Nitric oxide p-Nitroaniline Nitrogen dioxide Nitrogen oxide NO Nitrogen oxide NO2 Nitroglycerine (R) N-Nitrosodimethylamine N-Nitrosomethylvinylamine Octamethylpyrophosphoramide Osmium oxide 0s04,(T-4)Osmium tetroxlde 7-Oxabicydo{2.2.1 ]heptane-2,3- dicarboxyiic acid Oxamyl. Parathion Phenol, 2-cydohexyl-4,6-dinitroPhenol, 4-(dimethylamino)-3,5- dimethyl-, methyicarbamate (ester). Phenol, (3,5-dimethyl-4-(methyl- thio)-, methyicarbamate . Phenol, 2,4-dinitro- Phenol, 2-methyl-4,6-dinitro-, & salts Phenol, 3-(1-methylethyl)-, methyl carbamate. Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate. Phenol, 2-(1-methylpropyt)-4,6-dinitro- Phenol, 2,4,6-trinitro-, ammonium salt (R) Phenylmercury acetate Phenylthiourea Phorate Phosgene Phosphine Phosphoric acid, diethyl 4-nitrophenyl ester DSW 122670 1997 by Elsevier Science Inc. STLCOPCB4032618 identification and listing 261.33 Hazardous waste No. Chemical Abstracts No. Substance P039 P094 P044 P043 P089 P040 P097 P071 P204 PI 88 P110 P098 P098 P099 P201 P203 P070 P101 P027 P069 P081 P017 PI 02 P003 P005 P067 PI 02 P008 P075 P204 P114 PI 03 PI 04 298-04-4 298-02-2 60-51-5 55-91-4 56-38-2 297-97-2 52-85-7 298-00-0 57-47-6 57-64-7 78-00-2 151-50-8 151-50-8 506-61-6 2631-37-0 1646-88-4 116-06-3 107-12-0 542-76-7 75-86-5 55-63-0 598-31-2 107-19-7 107-02-8 107-18-6 75-55-8 107-19-7 504-24-5 '54-11-5 57-47-6 12039-52-0 630-10-4 506-64-9 Phosphorodithioic acid, O,O-diethyl S-[2-(ethytthio)ethyl] ester Phosphorodithioic acid, O.O-diethyl S-[(ethylthio)methyl] ester Phosphorodithioic acid, O.O-dimethyl S-[2-(methylamino)2-oxoethyl] ester Phosphorofluoridic add, bis(1-methyl-ethyl) ester Phosphorothioic add, O.O-diethyl 0-(4-nitrophenyl) ester Phosphorothioic add, 0,0-diethyl O-pyrazinyl ester Phosphorothioic add, 0-[4-[(dimethylamino)sul<onyl]phenyl] O.O-dimethyl ester Phosphorothioic add, O.O-dimethyl 0-(4-nitrophenyl) ester Physosdgmine. Physostigmine salicylate. Plumbane, tetraethyl- Potassium cyanide Potassium cyanide K(CN) Potassium silver cyanide Promecarb . Propanal, 2-methyl-2-(rnethyl-sulfonyl)-, 0-[(methylamino)carbonyl] oxime. Propanal,2-methyl-2-(methylthio)-, 0-[(methylamino)carbonyi] oxime Propanenitrile Propanenitrile, 3-chloro- Propanenitrile, 2-hydroxy-2-methyl- 1,2,3-Propanetriol, trinitrate (R) 2-Propanone, 1-bromo- Propargyt alcohol 2-Propenal 2-Propen-1-ol 1,2-Propyienimine 2-Propyn-l-ol 4-Pyridinamine Pyridine, 3-(1-methyi-2-pyrrolidinyl)-, (S)-, & salts Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8ahexahydro-1,3a,-8-trimethyl-, methylcarbamate (ester), (3aS-cis)-. Selenious acid, dithallium(1+) salt Selenourea Silver cyanide CAS Number given for parent compound only. Hazardous Chemical waste Abstracts No. No. Substance PI 04 PI 05 P106 P106 PI 08 P018 PI 08 P115 PI 09 P110 Pill P112 P062 P113 P113 P114 P115 PI 09 P045 P049 P014 P116 P026 P072 P093 PI 85 PI 23 P118 P119 PI 20 PI 20 P084 P001 P205 P121 PI 21 P122 P205 506-64-9 26628-22-8 143-33-9 143-33-9 '57-24-9 357-57-3 '57-24-9 7446-18-6 3689-24-5 78-00-2 107-49-3 509-14-8 757-58-4 1314-32-5 1314-32-5 12039-52-0 7446-18-6 3689-24-5 39196-18-4 541-53-7 108-98-5 79-19-6 5344-82-1 86-88-4 103-85-5 26419-73-8 8001-35-2 75-70-7 7803-55-6 1314-62-1 1314-62-1 4549-40-0 '81-81-2 137-30-4 557-21-1 557-21-1 1314-84-7 137-30-4 Silver cyanide Ag(CN) Sodium azide Sodium cyanide Sodium cyanide Na(CN) Strychnidin-10-one, & salts Strychnidin-10-one, 2,3-dimethoxyStrychnine, & salts Sulfuric add, dithallium(1+) salt Tetraethyldithiopyrophosphate Tetraethyl lead Tetraethyl pyrophosphate Tetranitromethane (R) Tetraphosphoric add, hexa- ethyl ester Thallic oxide Thallium oxide TIjOj Thallium(l) selenite ThaJlium(l) sulfate Thiodiphosphoric add, tetraethyl ester Thiofanox Thioimidodicarbonic diamide [(H2N)C(S)tNH Thiophenol Thiosemicarbazide Thiourea, (2-chlorophenyl)Thiourea, 1-naphthalenylThiourea, phenylTlrpate. Toxaphene Trichloromethanethiol Vanadic add, ammonium salt Vanadium oxide V2Os Vanadium pentoxide Vinylamine, N-methyl-N-nitrosoWarfarin, & salts, when present at concentrations greater than 0.3% Zinc, bis(dimethylcarbamo- dithioato-S,S>, Zinc cyanide Zinc cyanide Z^CN^ Zinc phosphide Zr^jP* when present at concentrations greater than 10% (R.T) Ziram. 1997 by Elsevier Science Inc. DSW 122674 59 STLCOPCB4032619  261.33 IDENTIFICATION AND LISTING (f) The commercial chemical products, manfacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in 261.5 (a) and (g). RCRA--311, 358 [Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (lgnitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.] These wastes and their corresponding EPA Hazardous Waste Numbers are: Hazardous waste No. Chemical Abstracts No. Substance U394 U001 U034 U187 U005 U240 U112 U144 U214 See F027 U002 U003 U004 U005 U006 U007 U008 U009 U011 U012 U136 U014 U015 U365 U010 U280 U278 U364 U271 U157 U016 U017 U192 U018 U094 U012 U014 U049 U093 30558-43-1 75-07-0 75-87-6 62-44-2 53-96-3 '94-75-7 141-78-6 301-04-2 563-68-8 93-76-5 A2213. Acetaldehyde (1) Acetaldehyde, trichloroAcetamide, N-(4-ethoxyphenyl)Acetamide, N-9H-fluoren-2-ylAcetic add, (2,4-dichlorophenoxy)-, salts & esters Acetic add, ethyl ester (1) Acetic add, lead(2+) salt Acetic add, thallium (1+) salt Acetic add, (2,4,5-trichlorophenoxy)- 67-64-1 75-05-8 98-86-2 53-96-3 75-36-5 79-06-1 79-10-7 107-13-1 61-82-5 62-53-3 75-60-5 492-80-8 115-02-6 2212-67-1 50-07-7 101-27-9 22781-23-3 22961-82-6 17804-35-2 56-49-5 225-51-4 98-87-3 23950-58-5 56-55-3 57-97-6 62-53-3 492-80-8 3165-93-3 60-11-7 Acetone (1) Acetonitrile (l,T) Acetophenone 2-Acetyiaminofluorene Acetyl chloride (C,R,T) Acrylamide Acrylic add(l) Acrylonitrile Amitrole Aniline (l,T) Arsinic add, dimethyl- Auiamine Azaserine H-Azepine-1-carbothioic add, hexahydro-, S-ethyi ester. Azirino{2,,3,:3,4]pyrrolo{1,2-a]indole4,7-dione, 6-amino-B[[(aminocarbonyl)oxy] methyl]-1,1a,2,8,8a,8b-hexahydo8a-methoxy-5-methyl-, [laS(1 aalpha,8beta,8aalpha,8balpha)]- Barban. Bendiocarb. Bendiocarb phenol. Benomyl. BenzO]aceanthrylene, 1,2-dihydro3-methyl- Benz{c]acridine Benzal chloride Benzamide, 3,5-dichloro-N-(1,1- dimethyl-2-propynyl)- Benz(a]anthracene Benz[ajanthracene, 7,12-dimethyl- Benzenamine (l,T) Benzenamine, 4,4'- carbonimidoylbis[N,N-dimethyl- Benzenamine, 4-chloro-2-methyl-, hydrochloride Benzenamine, N,N-dimethyl-4(phenylazo)- Hazardous waste No. Chemical Abstracts No. Substance U328 U353 U158 U222 U181 U019 U038 U030 U035 U037 U221 U028 U069 U088 U102 U107 U070 U071 U072 U060 U017 U223 U239 U201 U127 U056 U220 U105 U106 U055 U169 U183 U185 U020 U020 U207 U061 U247 U023 U234 95-53-4 106-49-0 101-14-4 636-21-5 99-55-8 71-43-2 510-15-6 101-55-3 305-03-3 108-90-7 25376-45-8 117-81-7 84-74-2 84-66-2 131-11-3 _ 117-84-0 95-50-1 541-73-1 106-46-7 72-54-8 98-87-3 26471-62-5 1330-20-7 108-46-3 118-74-1 110-82-7 108-88-3 121-14-2 606-20-2 98-82-8 98-95-3 608-93-5 82-68-8 98-09-9 98-09-9 95-94-3 50-29-3 72-43-5 98-07-7 99-35-4 Benzenamine, 2-methylBenzenamine, 4-methylBenzenamine, 4,4'-methylenebis- [2-chloroBenzenamine, 2-methyl-, hydrochloride Benzenamine, 2-methyl-5-nitroBenzene (l,T) Benzeneacetic add, 4-chloro-alpha- (4-chlorophenyi)-alpha-hydroxy, ethyl ester Benzene, 1-bromo-4-phenoxy- Benzenebutanoic add, 4-[bis(2chloroethyl)amino]- Benzene, chloroBenzenediamine, ar-methyl1,2-Benzenedicarboxylic acid, bis(2- ethylhexyi) ester 1,2-Benzenedicarboxylic add, dibutyl ester 1,2-Benzenedicarboxylic add, diethyl ester 1,2-Benzenedicarboxylic add, dimethyl ester 1,2-Benzenedicarboxylic acid, dioctyl ester Benzene, 1,2-dichloro- Benzene, 1,3-dichloroBenzene, 1,4-dichloroBenzene, 1,l'-(2,2-dichloroethyl- idene)bis[4-chloroBenzene, (dichloromethyl)Benzene, 1,3-diisocyanatomethyl- (R,T) Benzene, dimethyl- (l,T) 1,3-Benzenediol Benzene, hexachloroBenzene, hexahydro- (1) Benzene, methylBenzene, 1-methyl-2,4-dinitroBenzene, 2-methyl-1,3-dinitroBenzene, (1-methylethyl)- (1) Benzene, nitroBenzene, pentachloroBenzene, pentachloronitro- Benzenesulfonic add chloride (C,R) Benzenesulfonyl chloride (C,R) Benzene, 1,2,4,5-tetrachloroBenzene, 1,l'-(2,2,2-trichloro- ethytidene) bis[4-chloro- Benzene, 1,l'-(2,2,2-trichloroethytidene) bis(4-methoxy- Benzene, (trichloromethyt)Benzene, 1,3,5-trinitro- 60 DSM 122672 1997 by Elsevier Science Inc. STLCOPCB4032620 IDENTIFICATION AND LISTING 261.33 Hazardous waste No. Chemical Abstracts No. Substance U021 U202 U278 U364 U203 U141 U090 U367 U064 U248 U022 U197 U023 U085 U021 U073 U091 U095 U401 U400 U225 U030 U128 U172 U031 U159 U160 U053 U074 U143 U031 U392 U136 U032 U372 U271 U375 U280 U238 U178 U373 92-87-5 *81-07-2 22781-23-3 22961-82-6 94-59-7 120-58-1 94-58-6 1563-38-8 189-55-9 *81-81-2 50-32-8 106-51-4 98-07-7 1464-53-5 92-87-5 91-94-1 119-90-4 119-93-7 97-74-5 120-54-7 75-25-2 101-55-3 87-68-3 924-16-3 71-36-3 78-93-3 1338-23-4 4170-30-3 764-41-0 303-34-4 71-36-3 2008-41-5 75-60-5 13765-19-0 10605-21-7 17804-35-2 55406-53-6 101-27-9 51-79-6 615-53-2 122-42-9 Benzidine 1,2-8enzisothiazol-3(2H)-onet 1,1-dioxide, & salts 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate. 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, 1,3-Benzodioxole, 5-(2-propenyl)- 1,3-Benzodioxole, 5-(1-propenyi)1,3-Benzodioxole, 5-propyl- 7-Benzofuranol, 2,3-dihydro-2,2dimethyl- Benzo[rst]pentaphene 2H-1-Benzopyran-2-one, 4-hydroxy-3(3-oxo-1-phenyibutyt)-, & salts, when present at concentrations of 0.3% or less Benzo[a]pyrene p-Benzoquinone Benzotrichloride (C,R,T) 2,2/-Bioxirane [1,1 '-Biphenyl]-4,4'-diamine [1,1 '-Biphenyl]-4,4'-diamine, 3,3'-dichloro- [1,1 '-Biphenyll-M'-diamine, 3,3'-dimethoxy- [1,1 '-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- Bis(dimethylthiocarbamoyi) sulfide. Bis(pentamethylene)thiuram tetrasulfide. Bromoform 4-Bromophenyl phenyl ether 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- 1-Butanamine, N-butyl-N-nitroso- .1-Butanol (1) 2-Butanone (l,T) 2-Butanone peroxide (R,T) 2-Butenal 2-Butene, 1,4-dichloro- (l,T) 2-Butenoic add, 2-methyl-, 7-[[(2,3- dihydroxy-2-(1 -methoxyethyl)-3methyl-1 -oxobutoxy] methyl]-2,3,5,7a-tetrahydro-1 Hpyrrolizin-1-yl ester, [1S[1alpha(Z),7(2S*,3R*),7aalpha]]- n-Butyl alchohol (1) Butylate. Cacodylic add Caldum chromate Carbamic add, 1H-benzimidazol-2-yl, methyl ester. Carbamic add, [1[{butylamino)carbonyl]-1 Hbenzimidazol-2-yl]-, methyl ester. Carbamic add, butyl-, 3-iodo-2propynyi ester. Carbamic add, (3-chlorophenyl)-, 4-chloro-2-butynyl ester. Carbamic add, ethyl ester . Carbamic add,' methylnitroso-, ethyl ester Carbamic add, phenyl-, 1 -methylethyl ester. 1997 bv Elsevier Science Inc. Hazardous waste No. Chemical Abstracts No. Substance U409 U097 U379 U277 U381 U383 U382 U376 U114 U378 U384 U377 U062 U389 U392 U391 U386 U390 U387 U385 U279 U372 U367 U215 U033 U156 U033 U211 U034 U035 U036 U026 U037 U038 U039 U042 U044U046 U047 U048 U049 ' 23564-05-8 79-44-7 136-30-1 95-06-7 148-18-5 128-03-0 128-04-1 144-34-3 *111-54-6 51026-28-9 137-42-8 137-41-7 2303-16-4 2303-17-5 2008-41-5 1114-71-2 1134-23-2 759-94-4 52888-80-9 1929-77-7 63-25-2 10605-21-7 1563-38-8 6533-73-9 353-50-4 79-22-1 353-50-4 56-23-5 75-87-6 305-03-3 57-74-9 494-03-1 108-90-7 510-15-6 59-50-7 110-75-8 67-66-3 107-30-2 91-58-7 95-57-8 3165-93-3 Carbamic add, [1,2phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester. Carbamic chloride, dimethyl- Carbamodithioic add, dibutyl, sodium salt Carbamodithioic add, diethyl-, 2-chloro-2-propenyl ester. Carbamodithioic add, diethyl-, sodium salt Carbamodithioic add, dimethyl, potassium salt Carbamodithioic add, dimethyl-, sodium salt Carbamodithioic add, dimethyl-, tetraanhydrosulfide with orthothioselenious add. Carbamodithioic add, 1,2-ethanediylbis-, salts & esters Carbamodithioic add, (hydroxymethyl)methyl-, monopotassium salt. Carbamodithioic add, methyl-, monosodium salt. Carbamodithioic add, methyl,monopotassium salt Carbamothioic add, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester Carbamothioic add, bis(l-methylethyl), S-(2,3,3-trichloro-2-propenyl) ester. Carbamothioic add, bis(2methylpropyl)-, S-ethyl ester. Carbamothioic acid, butytethyl-, S-propyl ester. Carbamothioic add, cydohexylethyl-, S-ethyl ester. Carbamothioic add, dipropyl-, S-ethyl ester. Carbamothioic add, dipropyl-, S-(phenylmethyl) ester. Carbamothioic add, dipropyl-, S-propyl ester. Carbaryt. Carbendazim. Carbofuran phenol. Carbonic add, dithallium(l-t-) salt Carbonic difluoride Carbonochloridic add, methyl ester (l,T) Carbon oxyfluoride (R,T) Carbon tetrachloride Chloral Chlorambudl Chlordane, alpha & gamma isomers Chlomaphazin Chlorobenzene Chlorobenzilate p-Chloro-m-cresol 2-Chloroethyl vinyl ether Chloroform Chloromethyl methyl ether beta-Chloronaphthalene o-Chlorophenol 4-Chloro-o-toluidine, hydrochloride DSW 122673 STLCOPCB4032621  261.33 IDENTIFICATION AND LISTING Hazardous waste No. Chemical Abstracts No. Substance . U032 13765-19-0 Chromic acid H2Cr04, calcium salt U050 218-01-9 Chrysene U393 137-29-1 Copper, bis(dimethylcarbamodithioato-S.S')-, U393 137-29-1 Copper dimethyidithiocarbamate. U051 ------------ Creosote RCRA--290 U052 1319-77-3 Cresoi (Cresylic acid) U053 4170-30-3 Crotonaldehyde U055 98-82-8 Cumene (1) U246 506-68-3 Cyanogen bromide (CN)Br U386 1134-23-2 Cydoate. U197 106-51-4 2,5-Cydohexadiene-l ,4-dione U056 110-82-7 Cydohexane (1) U129 58-89-9 Cydohexane, 1,2,3,4,5,6-hexachloro-, (1 alpha,2alpha,3beta,4alpha, 5alpha,6beta)- U057 108-94-1 Cydohexanone (1) U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- U058 50-18-0 Cydophosphamide U240 '94-75-7 2,4-D, salts & esters U059 20830-81-3 Daunomydn U366 533-74-4 Dazomet. U060 72-54-8 DDO U061 50-29-3 DDT U062 2303-16-4 Diallate U063 53-70-3 Dibenz[a,h]dnthracene U064 189-55-9 Dibenzo[a,i]pyrene U066 96-12-8 1,2-Dibromo-3-chloropropane U069 84-74-2 Dibutyl phthalate U070 95-50-1 o-Dichlorobenzene U071 541-73-1 m-Dichlorobenzene U072 - 106-46-7 p-Dichlorobenzene U073 91-94-1 3,3'-Dichlorobenzidine U074 764-41-0 1,4-Dichloro-2-butene (I.T) U075 75-71-8 Dichlorodifluoromethane U078 75-35-4 1,1-Dichloroethytene U079 156-60-5 1,2-Dichloroethylene U025 111-44-4 Dichloroethyl ether U027 108-60-1 Dichloroisopropyl ether U024 111-91-1 Dichloromethoxy ethane U081 120-83-2 2,4-Dichlorophenol U082 87-65-0 2,6-Dichlorophenol U084 542-75-6 1,3-Dichloropropene U085 1464-53-5 1,2:3,4-Diepoxybutane (I.T) U395 5952-26-1 Diethylene glycol, dicarbamate. U108 123-91-1 -1,4-Diethyleneoxide U028 117-81-7 Diethylhexyi phthalate U086 1615-80-1 N.N'-Diethylhydrazine U087 3288-58-2 O.O-Diethyl S-methyl dithiophosphate U088 84-66-2 Diethyl phthalate U089 56-53-1 Diethylstilbesterol U090 94-58-6 Dihydrosafrole U091 119-90-4 3,3'-Dimethoxybenzidine U092 124-40-3 Dimethylamine (1) U093 60-11-7 p-Dimethylaminoazobenzene U094 57-97-6 7,12-Dimethylbenz[a]anthracene U095 119-93-7 3,3'-Dimethylbenzidine U096 80-15-9 alpha,alpha-Dimethylbenzylhydroperoxide (R) U097 79-44-7 Dimethyicarbamoyi chloride 62 Hazardous waste No. Chemical Abstracts No. Substance U098 U099 U101 U102 U103 U105 U106 U107 U108 U109 U110 U111 U403 U041 U390 U001 U174 U404 U155 U067 U076 U077 U131 U024 U117 U025 U184 U208 U209 U218 U226 U227 U410 U394 U359 U173 U395 U004 U043 U042 U078 U079 U210 U228 U112 U113 U238 U117 U114 U067 U077 U359 U115 U116 U076 U118 57-14-7 540-73-8 105-67-9 131-11-3 77-78-1 121-14-2 606-20-2 117-84-0 123-91-1 122-66-7 142-84-7 621-64-7 97-77-8 106-89-8 759-94-4 75-07-0 55-18-5 121-44-8 91-80-5 106-93-4 75-34-3 107-06-2 67-72-1 111-91-1 60-29-7 111-44-4 76-01-7 630-20-6 79-34-5 62-55-5 71-55-6 79-00-5 59669-26-0 30558-43-1 110-80-5 1116-54-7 5952-26-1 98-86-2 75-01-4 110-75-8 75-35-4 156-60-5 127-18-4 79-01-6 141-78-6 140-88-5 51-79-6 60-29-7 '111-54-6 106-93-4 107-06-2 110-80-5 75-21-8 96-45-7 75-34-3 97-63-2 1,1 -Dimethylhydrazine 1 ^-Dimethylhydrazine 2,4-Dimethylphenol Dimethyl phthalate Dimethyl sulfate 2,4-Dinltrotoluene 2,6-Dinltrotoluene Di-n-octyl phthalate 1,4-Dioxane 1,2-Diphenyfhydrazine Dipropytamine (1) Dl-n-propylnitrosamine Disutfiram. Epichlorohydrin EPTC. . Ethanal (!) Ethanamine, N-ethyl-N-nitroso- Ethanamine, N,N-diethyl- 1,2-Ethanediamine, N,N-dimethyl-N'-2pyridinyl-N'-(2-thienylmethyl)- Ethane, 1,2-dibromo- Ethane, 1,1-dichloro- Ethane, 1,2-dichloro- Ethane, hexachloro- Ethane, 1,l'-[methytenebis(oxy)] bis[2-chloro- Ethane, 1,l'-oxybis-(l) Ethane, 1,1 '-oxybis[2-chloro- Ethane, pentachloro- Ethane, 1,1,1,2-tetrachloro- Ethane, 1,1,2,2-tetrachloro- Ethanethioamide Ethane, 1,1,1-trichloro- Ethane, 1,1,2-thchloro- Ethanimidothioic add, N,N'[thiobis[(methylimino)carbonytoxy]]bis-, dimethyl ester Ethanimidothioic add, 2(dimethylamino)-N-hydroxy-2-oxo-, methyl ester. Ethanol, 2-ethoxy- Ethanol, 2,2'-(nitrosoimino)bis- Ethanol, 2,2'-oxybis-, dicarbamate. Ethanone, 1-phenyl- Ethene, chloro- Ethene, (2-chloroethoxy)- Ethene, 1,1-dichloro- Ethene, 1,2-dichloro-, (E)- Ethene, tetrachloro- Ethene, trichloro Ethyl acetate (1) Ethyl acrylate (1) Ethyl carbamate (urethane) Ethyl ether (1) Ethylenebisdithiocarbamic acid, salts & esters Ethylene dibromide Ethylene dichloride Ethylene glycol monoethyl ether Ethylene oxide (l,T) Ethylenethiourea Ethylidene dichloride Ethyl methacrylate DSh 122674 1997 by Elsevier Science Inc. STLCOPCB4032622 IDENTIFICATION AND LISTING 261.33 Hazardous waste No. Chemical Abstracts No. Substance U119 62-50-0 U407 14324-55-1 U396 14484-64-1 U120 206-44-0 U122 50-00-0 RCRA--311 U123 64-18-6 U124 110-00-9 U125 98-01-1 U147 108-31-6 U213 109-99-9 U125 98-01-1 U124 110-00-9 U206 . 18883-66-4 U206 18883-66-4 U126 U163 U127 U128 U130 U131 U132 U243 U133 U086 U098 U099 U109 U134 U134 U135 U135 U096 U116 U137 U375 U396 U190 U140 U141 U142 U143 U144 U146 U145 U146 U129 ' U163 U147 U148 U149 U150 U151 U384 U152 U092 U029 765-34-4 70-25-7 118-74-1 87-68-3 77-47-4 67-72-1 70-30-4 * 1888-71-7 302-01-2 1615-80-1 57-14-7 540-73-8 122-66-7 7664-39-3 7664-39-3 7783-06-4 7783-06-4 80-15-9 96-45-7 193-39-5 55406-53-6 14484-64-1 85-44-9 78-83-1 120-58-1 143-50-0 303-34-4 301-04-2 1335-32-6 7446-27-7 1335-32-6 58-89-9 70-25-7 108-31-6 123-33-1 109-77-3 148-82-3 7439-97-6 137-42-8 126-98-7 124-40-3 74-83-9 Ethyl methanesutfonate Ethyl Ziram. Ferbam. Fluoranthene Formaldehyde Formic acid (C,T) Furan (1) 2-Furancarboxaldehyde (1) 2,5-Furandione Furan, tetrahydro- (1) Furfural (1) Furfuran (1) Glucopyranose, 2-deoxy-2-(3-methyl-3nitrosoureido)-, D- O-Glucose, 2-deoxy-2[[(methylnitrosoamino)carbonyl]amino]- . Glycidyfaldehyde Guanidine, N-methyl-N'-nitro-N-nitroso- Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Hexachlorophene Hexachloropropene Hydrazine (R,T) Hydrazine, 1,2-diethyl- Hydrazine, 1,1-dimethyl- Hydrazine, 1,2-dimethyl- Hydrazine, 1,2-diphenyl- Hydrofluoric acid (C,T) Hydrogen fluoride (C,T) Hydrogen sulfide Hydrogen sulfide H2S Hydroperoxide, 1-methyl-1phenylethyl- (R) 2-lmidazolidinethione Indenofl ,2,3-cd]pyrene 3-lodo-2-propynyf n-butytcarbamate. Iron, tris(dimethylcarbamodithioato-S.S')-, 1,3-lsobenzofurandione Isobutyl alcohol (l,T) Isosafrole Kepone Lasiocarpine Lead acetate Lead, bis(acetato-0)tetrahydroxytri- Lead phosphate Lead subacetate Lindane MNNG Maleic anhydride Maleic hydrazide Malononitrile Melphalan Mercury Metam Sodium. Methacrylonitrile (l,T) Methanamine, N-methyl- (1) 1 Methane, bromo- Hazardous waste No. Chemical Abstracts No. Substance U045 U046 U068 U080 U075 U138 U119 U211 U153 U225 U044 U121 U036 U154 U155 U142 U247 U154 U029 U186 U045 U156 U226 U157 U158 U068 U080 U159 U160 U138 U161 U162 U161 U164 U010 U365 U059 U167 U168 U026 U165 U047 U166 U236 U279 U166 U167 U168 U217 U169 74-87-3 107-30-2 74-95-3 75-09-2 75-71-8 74-88-4 62-50-0 56-23-5 74-93-1 75-25-2 67-66-3 75-69-4 57-74-9 67-56-1 91-80-5 143-50-0 72-43-5 67-56-1 74-83-9 504-60-9 74-87-3 79-22-1 71-55-6 56-49-5 101-14-4 74-95-3 75-09-2 78-93-3 1338-23-4 74-88-4 108-10-1 80-62-6 108-10-1 56-04-2 50-07-7 2212-67-1 20830-81-3 134-32-7 91-59-8 494-03-1 91-20-3 91-58-7 130-15-4 72-57-1 63-25-2 130-15-4 134-32-7 91-59-8 10102-45-1 98-95-3 Methane, chloro- (l,T) Methane, chloromethoxy- Methane, dibromo- Methane, dichloro- Methane, dichlorodifluoro- Methane, iodo- Methanesulfonic add, ethyl ester Methane, tetrachloro- Methanethiol (l,T) Methane, tribromo- Methane, trlchloro- Methane, trichlorofluoro- 4,7-Methano-1 H-indene, 1,2,4,5,6,7,8,8-octachloro- 2,3,3a,4,7,7a-hexahydro- Methanol (1) Methapyrilene 1,3,4-Metheno-2H-:cyclo- buta(cd]pentalen-2-one, 1,1 a,3,3a,4,5,5,5a,5b,6decachlorooctahydro- Methoxychlor Methyl alcohol (1) Methyl bromide 1-Methylbutadiene (1) Methyl chloride (I.T) Methyl chlorocarbonate (I.T) Methyl chloroform 3-Methylcholanthrene 4,4/-Methylenebis(2-chloroaniline) Methylene bromide Methylene chloride Methyl ethyl ketone (MEK) (I.T) Methyl ethyl ketone peroxide (R,T) Methyl iodide Methyl isobutyl ketone (1) Methyl methacrylate (I.T) 4-Methyl-2-pentanone (1) Methylthiouradl Mitomydn C Molinate. 5,12-Naphthacenedione, 8-acetyl-10[(3-amino-2,3,6-trideoxy)-alpha-Llyxo-hexopyranosyl) oxyJ-7,8,9,10-tetrahydro-6,8,11 trihydroxy-1 -methoxy-, (8S-ds)- 1-Naphthalenamine 2-Naphthalenamine Naphthalenamine, N,N -bis(2chloroethyl)- Naphthalene Naphthalene, 2-chloro- 1,4-Naphthalenedione 2,7-Naphthalenedisutfonic add, 3,3 -[(3,3'-dimethyl[1,1 '-biphenyl]4,4'-diyl)bis(azo) bis-[5-amino-4- hydroxy]-, tetrasodium salt 1-Naphthalenol, methylcarbamate. 1,4-Naphthoquinone alpha-Naphthylamine beta-Naphthylamine - Nitric add, thallium(1+) salt Nitrobenzene (I.T) 1997 by Elsevier Science Inc. DSW 122675 63 STLCOPCB4032623  261.33 IDENTIFICATION AND LISTING Hazardous waste No. Chemical Abstracts No. Substance U170 U171 U172 U173 U174 U176 U177 U178 U179 U180 U181 U193 U058 U115 U126 U041 U182 U391 U183 U184 U185 See F027 1)161 U186 U187 U188 U048 U039 U081 U082 U089 U101 U052 U132 U411 U170 See F027 See F027 See F027 See F027 U150 U145 U087 U189 U190 U191 U179 U400 U383 U378 100-02-7 79-46-9 924-16-3 1116-54-7 55-18-5 759-73-9 684-93-5 615-53-2 100-75-4 930-55-2 99-55-8 1120-71-4 50-18-0 75-21-8 765-34-4 106-89-8 123-63-7 1114-71-2 608-93-5 76-01-7 82-68-8 87-86-5 p-Nitrophenol 2-Nitropropane (l,T) N-Nitrosodi-n-butyiamine N-Nitrosodiethanoiamine N-Nitrosodiethylamine N-Nitroso-N-ethyturea N-Nitroso-N-methyturea N-Nitroso-N-methylurethane N-Nitrosopiperidine N-Nitrosopyrrolidine 5-Nitro-o-toluidine 1,2-Oxathiolane. 2,2-dioxide 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroeihyl) tetrahydro-, 2-oxide Oxirane (l,T) Oxiranecarboxyaldehyde Oxirane, (chloromethyl)Paraldehyde Pebulate. Pentachlorobenzene Pentachloroethane Pentachloronitrobenzene (PCNB) Pentachlorophenol 108-10-1 504-60-9 62-44-2 108-95-2 95-57-8 59-50-7 120-83-2 87-65-0 56-53-1 105-67-9 1319-77-3 70-304 114-26-1 100-02-7 87-86-5 Pentanol, 4-methyl1,3-Pentadierie (1) Phenacetin Phenol Phenol, 2-chloroPhenol, 4-chloro-3-methylPhenol, 2,4-dichloroPhenol, 2,6-dichloroPhenol, 4,4'-(1,2-diethyl-1,2- ethenediyl) bis-,(E)- Phenol, 2,4-dimethylPhenol, methylPhenol, 2,2'-methylenebis- [3,4,6-trichloroPhenol, 2-(1-methylethoxy)-, methylcarbamate. Phenol, 4-nitroPhenol, pentachloro- . 58-90-2 Phenol, 2,3,4,6-tetrachloro- 95-954 Phenol, 2,4,5-trichloro- 88-06-2 Phenol, 2,4,6-trichloro- 148-82-3 7446-27-7 3288-58-2 1314-80-3 8544-9 109-06-8 100-754 120-54-7 128-03-0 51026-28-9 L-Phenyialanine, 4-[bis(2-chloroethyl) amino]- Phosphoric acid, lead(2+) salt (2:3) Phosphorodithioic acid, O,O-diethyl S-methyl ester Phosphorus sulfide (R) Phthalic anhydride 2-Picoline Piperidine, 1-nitrosoPiperidine, 1,1'-(tetrathiodicarbo- nothioyl)-bisPotassium dimethyldithiocarbamate. Potassium n-hydroxymethyl-n-methyl- di-thiocarbamate. Hazardous waste No. Chemical Abstracts No. Substance U377 U192 U194 U111 U110 U066 U083 U149 U171 U027 U193 See F027 U235 U140 U002 U007 U084 U243 U009 U152 U008 U113 U118 U162 U373 U411 U194 U083 U387 U148 U196 U191 U237 U164 U180 U200 U201 U202 U203 U204 U204 U205 U205 U376 U015 See F027 U379 U381 U382 U206 U277 U103 U189 See F027 U402 13741-7 23950-58-5 107-10-8 621-64-7 142-84-7 96-12-8 78-87-5 109-77-3 7946-9 108-60-1 1120-714 93-72-1 126-72-7 78-83-1 67-64-1 79-06-1 542-75-6 1888-71-7 107-13-1 126-98-7 79-10-7 140-88-5 97-63-2 80-62-6 12242-9 114-26-1 107-10-8 78-87-5 52888-80-9 123-33-1 110-86-1 - 109-06-8 66-75-1 56-04-2 930-55-2 50-55-5 10846-3 '81-07-2 94-59-7 7783-00-8 7783-00-8 7488-564 7488-564 144-34-3 115-02-6 93-72-1 Potassium n-methyldithiocarbamate. Pronamlde 1-Propanamine (l,T) 1-Propanamine, N-nitroso-N-propyl1-Propanamine, N-propyl- (1) Propane, 1,2-dibromo-3-chloroPropane, 1,2-dichloroPropanedinitrile Propane, 2-nitro- (l,T) Propane, 2,2,-oxybis[2-chk>ro1,3-Propane sultone Propanoic acid, 2-(2,4,5- trichlorophenoxy)1-Propanol, 2,3-dibromo-, phosphate (3:1) 1-Propanol, 2-methyl- (1,7) 2-Propanone (1) 2-Propenamide 1-Propene, 1,3-dichloro1 -Propene, 1,1,2,3,3,3-hexachloro- 2-Propenenitrile 2-Propenenitrile, 2-methyl- (l,T) 2-Propenoic add (1) 2-Propenoic add, ethyl ester (1) 2-Propenoic add, 2-methyl-, ethyl ester 2-Propenoic add, 2-methyl-, methyl ester (l,T) Propham. Propoxur. n-Propytamine (l,T) Propylene dichloride Prosulfocarb. 3,6-Pyridazinedione, 1,2-dihydro Pyridine Pyridine,^-methyl2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]4(1H)-Pyrimidinone, 2,3-dihydro-6- methyt-2-thioxoPyrrolidine, 1-nitroso- Reserpine Resorcinol Saccharin, & salts Safrole Selenious add Selenium dioxide Selenium sulfide Selenium sulfide SeS2 (R,T) Selenium, tetrakis(dimethyldithiocarbamate). L-Serine, diazoacetate (ester) Silvex (2,4,5-TP) 136-30-1 148-18-5 128-04-1 18883-664 95-06-7 77-78-1 1314-80-3 93-76-5 Sodium dibutyldithiocarbamate. Sodium diethyldithiocarbamate. Sodium dimethyldithiocaTbamate. Streptozotodn Sulfallate. Sulfuric add, dimethyl ester Sulfur phosphide (R) 2,4,5-T 1634-02-2 Tetrabutylthiuram disulfide. 64 1997 by Elsevier Science Inc. OSW 122676 STLCOPCB4032624 IDENTIFICATION AND LISTING 261.35 Hazardous waste No. Chemical Abstracts No. Substance U207 U208 U209 U210 See F027 U213 U401 U214 U215 U216 U216 U217 U366 U218 U410 U153 U402 U403 U244 U409 U219 U244 U220 U221 U223 U328 U353 95-94-3 630-20-6 79-34-5 127-18-4 58-90-2 1,2,4,5-Tetrachlorobenzene 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloraethane Tetrachloroethylene 2,3,4,6-Tetrachlorophenol 109-99-9 97-74-5 563-68-8 6533-73-9 7791-12-0 7791-12-0 10102-45-1 533-74-4 62-55-5 59669-26-0 74-93-1 1634-02-2 97-77-8 137-26-8 23564-05-8 62-56-6 137-26-8 108-88-3 25376-45-8 26471-62-5 95-53-4 106-49-0 Tetrahydrofuran (1) Tetramethylthiuram monosulfide. Thallium(l) acetate Thallium(l) carbonate Thallium(l) chloride Thallium chloride TICI Thallium(l) nitrate 2H-1,3,5-Thiadiazine-2-thione, tetrahydro-3,5-dimethyl- Thioacetamide Thiodicarb. Thiomethanol (l,T) Thioperoxydicarbonic diamide, tetrabutyi. Thioperoxydicarbonic diamide, tetraethyl. Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl- Thiophanate-methyl. Thiourea Thiram Toluene Toluenediamine Toluene diisocyanate (R,T) o-Toluidine ' p-Toluidine 'CAS Number given for parent compound only. Hazardous waste No. Chemical Abstracts No. Substance U222 U389 U011 U227 U228 U121 See F027 See F027 U404 U234 U182 U235 U236 U237 U176 U177 U385 U043 U248 U239 U200 U407 U249 636-21-5 2303-17-5 61-82-5 79-00-5 79-01-6 75-69-4 95-95-4 o-Toluidine hydrochloride Triallate. 1H-1,2,4-Triazol-3-amine 1,1,2-Trichloroethane Trichloroethylene Trichloromonofiuoromethane 2,4,5-Trichlorophenol 88-06-2 2,4,6-Trichlorophenol 121-44-8 99-35-4 123-63-7 126-72-7 72-57-1 66-75-1 759-73-9 684-93-5 1929-77-7 75-01-4 '81-81-2 1330-20-7 50-55-5 14324-55-1 1314-84-7 Triethylamine. 1,3,5-Trinitrobenzene (R,T) 1,3,5-Trioxane, 2,4,6-trimethyl- Tris(2,3-dibromopropyi) phosphate Trypan blue Uracil mustard Urea, N-ethyl-N-nitroso- Urea, N-methyl-N-nitroso- Vemolate. Vinyl chloride Warfarin, & salts, when present at concentrations of 0.3% or less Xylene (1) Yohimban-16-carboxylic add, 11,17-dimethoxy-18-[(3,4,5trimethoxybenz-oyi)oxy]-, methyl ester, (3beta,16beta, 17alpha,18beta, 20alpha]- Zinc, bis(diethylcarbamodithioato-S.S')- Zinc phosphide Zri3P2l when present at concentrations of 10% or less [45 FR 78529, 78541, Nov. 25, 1980, as amended at 46 FR 27477, May 20, 1981; 49 FR 19923, May 10, 1984; 50 FR 665, Jan. 4, 1985; 50 FR 2000, Jan. 14, 1985; 50 FR 28744, July 15, 1985; 50 FR 4294Z Oct. 23, 1985; 51 FR 6541, Feb. 25, 1986; 51 FR 10175, Mar. 24,1986; 51 FR 28296, Aug. 6.1986; 52 FR 21306, June 5, 1987; 52 FR 26012, July 10, 1987; 53 FR 13382, Apr. 22, 1988; 53 FR 43881, Oct. 31, 1988; 53 FR 43884, Oct. 31, 1988; 55 FR 22684, June 1, 1990; 56 FR 7568, Feb. 25, 1991; 59 FR 31551, June 20, 1994; 60 FR 7849, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 60 FR 25620, May 12. 1995] 1997 by Elsevier Science Inc. DSW 122677 65 STLCOPCB4032625 Container Management The following describes how hazardous waste containers must be managed under RCRA at facilities having a RCRA Part B permit. Facilities operating under "interim status" who do not yet have a Part B permit must meet the same requirements, except for Section 264.175 Containment. MWM 2/92 DSW STLCOPCB4032626 TSD FACILITY STANDARDS 264.175 Subpart I--Use and Management of Containers Source: 46 FR 2866, Jon. 12, 1981, unless otherwise noted. 264.170 Applicability. The regulations in this subpart apply to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as 264.1 provides otherwise. v [Comment: Under 261.7 and 261.33(c), if a hazardous waste is emptied from a container the residue remaining in the container is not considered a hazardous waste if the container is "empty" as defined in 261.7. In that event, management of the container is exempt from the requirements of this subpart.) 264.171 Condition of containers. If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this part. 264.172 Compatibility of waste with containers. The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired. 264.173 Management of containers. (a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. (b) A container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak. [Comment: Reuse of containers in transportation is governed by U.S. Department of Transportation regulations including those set forth in 49 CFR 173.28.] 264.174 Inspections. At least weekly, the owner or operator must inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. [Comment: See 264.15(c) and 264.171 for remedial action required if deterioration or leaks are detected.] 264.175 Containment. (a) Container storage areas must have a containment system that is designed and operated in accordance with paragraph (b) of this section, except as otherwise provided by paragraph (c) of this section. (b) A containment system must be designed and operated as follows: (1) A base must underly the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed; (2) The base must be sloped or the containment system must be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids; 1997 by Elsevier Science Inc. DSW L2267.9 237 STLCOPCB4032627  264.176 TSD FACILITY STANDARDS (3) The containment system must have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination; (4) Run-on into the containment system must be prevented unless the collection system has sufficient excess capacity in addition to that required in paragraph (b)(3) of this section to contain any run-on which might enter the system; and (5) Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system. [Comment: If the collected material is a hazardous waste under Part 261 of this Chapter, it must be managed as a hazardous waste in accordance with all applicable requirements of Parts 262 through 266 of this chapter. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of Section 402 of the Clean Water Act, as amended.] (c) Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by paragraph (b) of this section, except as provided by paragraph (d) of this section or provided that: (1) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation, or (2) The containers are elevated or are otherwise protected from contact with accumulated liquid. (d) Storage areas that store containers holding the wastes listed below that do not contain free liquids must have a containment system defined by paragraph (b) of this section: (1) F020, F021, F022, F023, F026, and F027. (2) [Reserved] [46 FR 55112, Nov. 6, 1981. as amended at 50 FR 2003, Jan. 14, 1985] 264.176 Special requirements for ignitable or reactive waste. Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line. [Comment: See 264.17(a) for additional requirements.] 264.177 Special requirements for incompatible wastes. (a) Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), must not be placed in the same container, unless 264.17(b) is complied with. (b) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material. [Comment: As required by 264.13, the waste analysis plan must include analyses needed to comply with 264.177. Also, 264.17(c) requires wastes analyses, trial tests or other documentation to assure compliance with 264.17(b). As required by 264.73, the owner or operator must place the results of each waste analysis and trial test, and any . documented information, in the operating record of the facility.] (c) A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device. [Comment: The purpose of this section is to prevent fires, explosions, gaseous emission, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.] 264.178 Closure. At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed. [Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate in accordance with 261.3(d) of this chapter that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Parts 262 through 266 of this chapter]. DSW 122680 STLCOPCB4032628 Empty Containers The following describes how empty hazardous waste containers and inner liners must be managed to avoid hazardous waste storage and disposal requirements under RCRA. If a container is empty as defined by Section 261.7(b) it is not a hazardous waste. While these rules apply to hazardous waste containers the same guidance can be used for empty product containers. MWM 2/92 122681 STLCOPCB4032629  261.7 IDENTIFICATION AND LISTING 261.7 Residues of hazardous waste in empty containers. (a) (1) Any hazardous waste remaining in either (i) an empty container or (ii) an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under Parts 261 through 265, or Part 268, 270 or 124 of this chapter or to the notification requirements of Section 3010 of RCRA. RCRA--91. 369 (2) Any hazardous waste in either (i) a container that is not empty or (ii) an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section, is subject to regulation under Parts 261 through 265, and Parts 268, 270 and 124 of this chapter and to the notification requirements of Section 3010 of RCRA. (b) (l) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in 261.31, 261.32, or 261.33(e) of this chapter is empty if: RCRA--124 (i) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and (ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or (iii)(A) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 110 gallons in size, or (B) No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 110 gallons in size. (2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric. (3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in 261.31,261.32, or 261.33(e) is empty if: (i) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate; (ii) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or (iii) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed. [45 FR 78529, Nov. 25.1980, as amended at 47 FR 36097, Aug. 18, 1982; 48 FR 14294, Apr. 1,1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 7, 1986; 55 FR 2322, Jan. 23, 1990] DSU 122682 46 1997 by Elsevier Science Inc. STLCOPCB4032630 M aterial Safety Data V cecr Sf 2 CO CO DSW L2Z683 STLCOPCB4032631 Solutia Inc. i Material Safety Data Sheets Agenda ' Laws impacting MSDS's Solutia Policy MSDS Preparation & Review Interpreting an MSDS ANSI MSDS Standard . .o rv * Product Stewardship DSW 1 2 2 6 8 5 ]Solutia Inc. Material Safety Data Sheets Laws Impacting MSDS's OSHA Hazard communication standard (November, 1983) Employee training on hazardous chemicals Sellers to communicate through MSDS & labels MSDS's for "Hazardous Products" only What is a Hazardous Chemical? OSHA definition is very broad Not related to ri&k Hazard areas: Physical Hazard (i.e. flammable, etc.) Exposure Limit (TLV or PEL) Health Hazard Product Stewardship OSW 1 2 2 6 8 6 Solutia Inc. ^^ Material Safety Data Sheets Laws Impacting MSDS's OSHA (Cont'd) What is a Hazardous Chemical? (Cont'd) Typical Health Hazards: Toxic / Highly Toxic Corrosive or Irritant Sensitizer Carcinogen Target Organ (Blood, Kidney ...) Mixtures 1% Hazardous Components .1% Carcinogens SARA Title III State right to know International Produc^tewardshijJ SW L226& 7 Solutia Inc. Material Safety Data Sheets Solutia MSDS Policy MSDS for all products Provided with first time purchases Provided to anyone on request Lotus Notes Data Base Resend if significant changes Review all documents every 3 to 5 years Produc^tewardshij^P i ANSI Z400.1-1993 for Hazardous Industrial Chemicals -- Material Safety Data Sheets Preparation _____________ DS* 122688 American National Standards Institute 11 West 42nd Street New York, New York <4r\r>nn STLCOPCB4032636 STLCOPCB4032637 iSolutia Inc. Material Safety Data Sheets ANSI Standard MSDS Chemical Product and Company Identification Composition/Information on ingredients Hazards Identification First Aid Measures Fire Fighting Measures Accidental Release Measures i Handling and Storage Exposure Control/Personal Protection O' CO J3 Osi <NJ 5 oo Q Produc^tewardshij^^ DSW 1 2 2 6 9 0 {soluti^nc^^l1 Material Safety Data Sheets ANSI Standard MSDS (Continued) Physical & Chemical Properties Stability and Reactivity Toxicological Information Ecological Information Disposal Considerations Transport Information Regulatory Information Other Information Product Stewardship SOLUTIA Material Safety Data Sheet Applied Chemistry, Creative Solutions ResponsibleCare* AfttaConvntment 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: A MSDS NUMBER: \ CHEMICAL FAMILY: A CHEMICAL NAME: A SYNONYMS: A DATE: A SOLUTIA INC., 10300 OLIVE BOULEVARD, P.O. BOX 66760, ST. LOUIS, MO 63166-6760 FOR CHEMICAL EMERGENCY, SPILL LEAK, FIRE, EXPOSURE, OR ACCIDENT Call CHEMTREC - Day or Night -1-800-424-9300 Toll free in the continental U.S., Hawaii, Puerto Rico, Canada, Alaska, or Virgin Islands. For calls originating elsewhere: 703-527-3887 (collect calls accepted) For additional non-emergency information, call: 314-674-6661 SW 1^69,1 STLCOPCB4032639 Solutia Material Safety Data Sheet' Material: MSDS No.:______________________ 2. COMPOSITION/INFORMATION ON INGREDIENTS Page 2 of 16 September 1.1997 COMPONENT A CAS NO. A % BY WEIGHT A [If applicable show *OSHA or #carcinogen statements.] * Hazardous chemical(s) under the criteria of the OSHA Hazard Communication Standard (29 CFR 1910.1200). # National Toxicology Program (NTP) and International Agency for Research on Cancer (IARC) listed carcinogen. + The specific chemical identity is being withheld because it is trade secret information of Solutia Inc. DSW 1226-92 STLCOPCB4032640 Solutia Material Safety Data Sheet Material: MSDS No.:___________ ;___________ 3. HAZARDS IDENTIFICATION EMERGENCY OVERVIEW APPEARANCE AND ODOR: A A POTENTIAL HEALTH EFFECTS LIKELY ROUTES OF EXPOSURE: A EYE CONTACT: A SKIN CONTACT: A INHALATION: A INGESTION: A Refer to Section 11 for toxicological information. Page 3 of 16 September 1.1997 DSW 122693 STLCOPCB4032641 Solutia Material Safety Data Sheet Material: MSDS No.:_______________________ 4. FIRST AID MEASURES IF IN EYES: A IF ON SKIN: A IF INHALED: A IF SWALLOWED: A Page 4 of 16 September 1,1997 1226<^ dsw STLCOPCB4032642 Solutia Material Safety Data Sheet Material: MSDS No.:_______________________ 5. FIRE FIGHTING MEASURES Page 5 of 16 September 1.1997 FLASH POINT: A degrees F (A degrees C) METHOD: A AUTOIGNITION TEMPERATURE: A degrees F (A degrees C) METHOD: A FIRE POINT: A degrees F (A degrees C) METHOD: A HAZARDOUS PRODUCTS OF COMBUSTION: A EXTINGUISHING MEDIA: A UNUSUAL FIRE AND EXPLOSION HAZARDS: A FIRE FIGHTING EQUIPMENT: Fire fighters and others exposed to products of combustion should wear self-contained breathing apparatus. Equipment should be thoroughly decontaminated after use. _ _ DSW 122695 STLCOPCB4032643 Solutia Material Safety Data Sheet Material: MSDS No.:__________________________________________ 6. ACCIDENTAL RELEASE MEASURES Page 6 of 16 September 1.1997 [Select appropriate criteria.] [For most solids...] [For most liquids ...] [For liquids where water may cause dangerous reaction or otherwise create further hazard (such as in sewer)...] [For materials that generate vapor or fumes with water...] [Only refer to Section 14 if it has a RQ under DOT] Refer to Section 13 for disposal information and Sections 14 and 15 for reportable quantity information. 05W 122696 STLCOPCB4032644 Solutia Material Safety Data Sheet Material: MSDS No.:_______________________ 7. HANDLING AND STORAGE Page 7 of 16 September 1.1997 [For flammable liquid with flash point = or < 141 F ...] [For flammable liquid with flash point > 141 & < 200 F ...] [Non-flammable products...] [Only list storage statement if it carries significant information, Do not include a generic non-descript statement.] STORAGE: A DSW 122697 STLCOPCB4032645 Solutia Material Safety Data Sheet Material: MSDS No.:_______________________ 8. EXPOSURE CONTROLS/PERSONAL PROTECTION EYE PROTECTION: A SKIN PROTECTION: A RESPIRATORY PROTECTION: A VENTILATION: A AIRBORNE EXPOSURE LIMITS: PRODUCT/COMPONENT OSHA PEL Page 8 of 16 September 1.1997 ACGIH TLV DSW 122698 STLCOPCB4032646 Solutia Material Safety Data Sheet Material: MSDS No.:_________________________________________________ 9. PHYSICAL AND CHEMICAL PROPERTIES Page 9 of 16 September 1.1997 Chemical Formula: Appearance: A Odor: A pH: A Boiling Point @ 760 mm Hg:A degrees C Freezing Point: A degrees C Vapor Pressure: Amm Hg @ 20 degrees C Percent Volatile: Aby volume Viscosity: Acentistoke @ 40 degrees C Specific Gravity: A@ 25/25 degrees C Solubility in Water: A (wt. %) _ Solubility in Other Solvents: A Dust Properties Kst MIE Pmax A bar-m/s AmJ A bar g NOTE: These physical data are typical values based on material tested but may vary from sample to sample. Typical values should not be construed as a guaranteed analysis of any specific lot or as specifications for the product. 5kf , ^99 STLCOPCB4032647 Solutia Material Safety Data Sheet Material: MSDS No.:_______________________ 10. STABILITY AND REACTIVITY Page 10 of 16 September 1.1997 STABILITY: Product is stable under normal conditions of storage and handling. Store in a cool, well ventilated place away from foodstuffs, reducing agents and acids. MATERIALS TO AVOID: A HAZARDOUS DECOMPOSITION PRODUCTS: A HAZARDOUS POLYMERIZATION: A DSirt 122700 STLCOPCB4032648 Solutia Material Safety Data Sheet Material: M.SP.S.NO.J;September 1.1997 11. TOXICOLOGICAL INFORMATION Oral - Moderately Toxic (rat LD50 - XXXX mg/kg) Dermal - Moderately Toxic (rat or rabbit LD50 - XXXX mg/kg) Inhalation - Moderately Toxic (rat 4-hr LC50 - XXXX mg/I) Eye Irritation - Moderately Irritating (rabbit, XXX/110.0) Skin Irritation - Moderately Irritating (rabbit, XX-hrexp, XX/8.0) Page 11 of 16 SW 122701 STLCOPCB4032649 Solutia Material Safety Data Sheet Material: MSPS.Nq.;____________________ 12. ECOLOGICAL INFORMATION Page 12 of 16 September 1.1997 [Summary statement here.] [If Applicable]: The following data have been classified using the criteria adopted by the European Economic Community (EEC) for aquatic organism toxicity. A legend summarizing the classification scheme appears below. A Legend for Aquatic Organism Toxicity (Journal of the European Communities, Annex VII A, Section 5.2.1) Values LC50 or EC50 < or = 1.0 mg/L LC50 or EC50 > 1.0 mg/L and < or = 10 mg/L LC50 or EC50 > 10 mg/L and < or = 100 mg/L LC50 or EC50 >100 mg/L Classifications Very Toxic Toxic Harmful Practically Nontoxic [Degradability information here and any other ECO statements as approved by exception.] DSW 122702 STLCOPCB4032650 Solutia Material Safety Data Sheet Material: MSDS No.:_______________________ 13. DISPOSAL CONSIDERATIONS Page 13 of 16 September 1.1997 Identify if [This material] or [This waste], is it hazardous? Is it listed in RCRA Regulation and Keyword Index (40 CFR 261.31 - 34) 1994 Edition "Identification and Listing of Hazardous Waste"? Is it a characteristic waste? Identify EPA hazardous waste number. Identify BDAT (Best Demonstrated Available Treatment). For organics, always recommend incineration. If liquid, and landfill is suggested say "Solidify before disposal." Use standard disclaimer and end of section. Dispose of in accordance with local, state, and federal regulations. Consult your attorney or appropriate regulatory officials for information on such disposal. DSW 122703 STLCOPCB4032651 Solutia Material Safety Data Sheet Material: MSDS No.:_________________ 14. TRANSPORT INFORMATION Page 14 of 16 September 1.1997 The data provided in this section is for information only. Please apply the appropriate regulations to properly classify your shipment for transportation. US DOT CLASSIFICATION: A! US DOT LABEL: A US DOT REPORTABLE QUANTITY: Packages ofA lbs or more contain a (RQ amount) lb RQ of (RQ chemical name). SPECIAL PROVISIONS: A This material meets the definition of a marine pollutant. IMDG CODE: A IATA/ICAO: A * Applies ONLY to containers which contain an RQ. * Applies ONLY to shipments in bulk or via water transportation SW J22704 STLCOPCB4032652 Solutia Material Safety Data Sheet Material: MSDS No.:_______________________ 15. REGULATORY INFORMATION Page 15 of 16 September 1,1997 TSCA INVENTORY: A Listed All components are listed. All intentional components are listed. This product is not listed and is for research and development only by TECHNICALLY QUALIFIED INDIVIDUALS under TSCA Section 5 (h)(3). SARA HAZARD NOTIFICATION Hazard Categories Under Title III Rules (40 CFR 370): A Section 302 Extremely Hazardous Substances: A Section 313 Toxic Chemical(s): A CERCLA REPORTABLE QUANTITY: " Amount) lb RQ of (RQ Chemical Name) (RQ Amount) lb RQ of (RQ Chemical Name) (RQ Amount) lb RQ of (RQ Chemical Name) Release of more than A pounds of this product to the environment in a 24 hour period requires notification to the National Response Center (800-424-8802 or 202-426-2675). CALIFORNIA PROPOSITION 65: The state of California's Safe Drinking Water and Toxic Enforcement Act of 1986 requires the following label on this product. WARNING! This product contains chemicals known to the state of California to cause cancer (birth defects or other reproductive harm). Refer to Section 2 for OSHA Hazardous Chemical(s) and Section 13 for RCRA classification. DSW 122705 STLCOPCB4032653 Solutia Material Safety Data Sheet Material: MSDS No.:_______________________ 16. OTHER INFORMATION Page 16 of 16 September 1,1997 REASON FOR REVISION: Routine review and conversion to the 16 section format. Supersedes MSDS dated A. If Applicable. NSF status (food phosphates') A is a registered trademark of Solutia Inc. Responsible Care is a registered trademark of the Chemical Manufacturers Association Although the information and recommendations set forth herein (hereinafter "Information") are presented in good faith and believed to be correct as of the date hereof, Solutia Inc. makes no representations as to the completeness or accuracy thereof. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Solutia Company be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information. NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION REFERS. DSW 122706 STLCOPCB4032654 HAZARD CLASSIFICATION FOR USA INDUSTRIAL MARKETS EXPOSURE PATH INGESTION | I 1 1 1 ABSORPTION 1 I B I I INHALATION 8 | B 1 8 1 | EYE CONTACT R B I SKIN CONTACT GOOD HYGIENE CARCINOGEN CLASSIFICATION Highly Toxic Toxic Harmful Slightly Toxic Non Toxic Advene G.L Effect HC Aspiration Highly Toxic Toxic Harmful Slightly Toxic Non Toxic Highly Toxic Toxic <, Slightly Toxic Severely Irritating Moderately Irritating Respiratory Sensitizer Inert Asphyxiant Corrosive Severe Irritant Moderate Irritant Slightly Irritating Gritty Dust Corrosive Severe Irritant Moderate Irritant Defatting Effect Slightly Irritating Gritty Solid Sensitizer 5 Low Toxicity; Irritation, etc Human Probable Human AnimaVPossible Human OSHA Listed Carcinogen NTP Listed or IARC Listed, & not one of the four above TEXT GUIDELINE CODE 11 12 13 1.4 1.4 15 16 2.1 22 23 24 24 3.1 32 32 3.4 32 3.6 3.7 4.1 42 42 4.4 4.4 42 42 4.7 4.7 42 42 4.9 62 ANSI Category 1 ANSI Category 2 ANSI Category 3 Use OSHA Standard NTP/IARC Listed Only in Section 2 MSDS & none of the above. | I | | | 1 | SW 12Z7QJ 3/1/96 STLCOPCB4032655 TYPE FIRE HAZARD MONSANTO LABEL TEXT GUIDELINES FOR PHYSICAL HAZARDS2 c CLASSIFICATION 0 CLASSIFICATION DESCRIPTION D CRITERIA (DEGREE OF MSDS SECTION 5 SIGNAL WORD STATEMENT OF HAZARD E HAZARD) Flashpoint <20F Extremely 1 5.1 closed cup or any Flammable Flammable liquid that is Liquid DOT/IMO Class 3, Packinq Group 1 Flashpoint 20F-141F Flammable1 Liquid 5.2 closed cup & DOT/IMO Class 3 Packing Group II or III Extinguishing media: {Use Fire Action Statement Table to select appropriate instruction for the type of chemical} DANGER! WARNING! EXTREMELY FLAMMABLE LIQUID AND VAPOR VAPOR MAY CAUSE FLASH FIRE FLAMMABLE LIQUID AND VAPOR PRECAUTIONARY MEASURES 4 Keep away from heat, sparks and flame. Keep container closed. Use only with adequate ventilation. Keep away from heat, sparks and flame. Keep container closed. Use only with adequate ventilation. Solids readily ignitable, Flammable1 Solid 5.3 bum vigorously and persistently. Unusual Fire & Explosion Hazards & Fire Fighting Equipment: {Use statements published in past for product or similar products. Seek counsel from 'WARNING! FLAMMABLE SOLID Keep away from heat, sparks and flame. 5.4 Flashpoint >141 F to <200F closed cup. Combustible1 Liquid Safety Manager for new product with unknown properties} CAUTION! \ ______________________________ ij COMBUSTIBLE LIQUID LIQUID AND VAPOR Keep away from heat and flame. (il Ignites spontaneously 5.5 in air Pyrophoric1 Chemical DANGER! EXTREMELY FLAMMABLE CATCHES FIRE IF Keep away from heat, sparks and flame. Keep container tightly closed. EXPOSED TO AIR Oxidizes readily and, 5.6 on contact with combustible material, may cause fire. Strong Oxidizer1 DANGER! STRONG OXIDIZER CONTACT WITH OTHER MATERIAL MAY CAUSE FIRE Keep from contact with clothing and other combustible materials. Do not store near combustible materials. Store in tightly closed container. Remove and wash contaminated clothing promptly. Organic or nitrogen3 Combustible Solids:3 WARNING! COMBUSTIBLE DUST 5.7 containing solid with If this material is milled or the processing EXPLOSION potential to form dust. Large particles generates fines, the fines could form an explosive POTENTIAL mixture if dispersed in sufficient quantity in air. -Small particles - This material as normally packaged and handled can contain sufficient fines to form an explosive mixture if dispersed in sufficient quantity in air. MSDS SECTION 6: In case of spill, do not blow material. Use vacuum equipment designed specifically for handling combustible dusts. Keep away from heat, sparks, and flame. Avoid creating dust cloud in handling, transfer and clean-up. Footnotes: 1 Test criteria and definitions appear in 49CFR173, D.O.T. 'Safety & Property Protection's Procedure Number 16 (MSDS Review) shall govern for products whose properties are unknown or whose properties are not clearly within the classifications specified here. ' Safety & Property Protection's Procedure 16, Section 6.2.3 through 6.2.5 describes In detail size, physical properties, and testing criteria. * Use appropriate "Empty Container Statement*. See footnote#7 for Guidelines for Immediate Effects. FIRE ACTION STATEMENTS Type of Chemical Fire Extinguishing Statements For water-soluble, miscible, or dilutable liquids For water-immiscible liquids with specific gravity <1 (lighter than water) For water-immiscible liquids with specific gravity >1 (heavier than water) For solids such as oxidizing agents where water is appropriate and not danqerous For solids where water Is not appropriate For flammable gases In case of fire, use water fog, dry chemical. CO, or "alcohol* foam. In case of fire, use water fog, foam, dry chemical, or CO, Liquid will float and may reiqnite on surface of water. In case of fire, use water spray (fog)', foam, dry chemical, or CO, In case of fire, use dry chemical, or flood with water. In case of fire, smother with dry sand, or Class D dry powders. In case of fire, allow gas to bum if flow cannot be shut off immediately. Apply water from a safe distance to cool container and protect surrounding area. 'Substitute or add aoDrooriate words In Darantheses. DSW 122708 i I MBS 4/96 STLCOPCB4032657 TYPE (Con't) CONTACT C CLASSIFICATION 0 CRITERIA . D E 4.8 Gritty Dust (PNOC) 4.9 Hot Molten as Shipped, 4.10 S>140F GENERAL WORK 6.0 ENVIRONMENT low toxicity, low irritation, etc. CLASSIFICATION DESCRIPTION (DEGREE OF HAZARD) No More Than Slightly Irritating Skin MONSANTO LABEL TEXT GUIDELINES FOR IMMEDIATE EFFECTS EFFECTS FOR MSDS SECTION 3 (POTENTIAL HEALTH EFFECTS) 1.4 SIGNAL WORD (EMER. OVER.) STATEMENT OF HAZARD (EMERGENCY OVERVIEW) i (This (product][component(s)]) is no more than slightly irritating (...is [practically non-irritating][nonirritating]). 2 2 Sensitizer, Skin (Dust grittiness may cause sliqht irritation.) (This (product][component(s)]) may cause allergic skin reaction. WARNINGI MAY CAUSE ALLERGIC SKIN REACTION Thermal Bums Needs only good industrial hygiene {indicated elsewhere) WARNING! 2 HOT MELTED MATERIAL CAUSES THERMAL BURNS TO EYES AND SKIN 2 No significant hazards associated with this material PRECAUTIONARY MEASURES (HANDLING & STORAGE) 4,7 2 Avoid prolonged or repeated contact with skin. Wash thoroughly after handling. Avoid contact with hot liquid. Handle in accordance with good industrial hygiene and safety practices. These practices include avoiding unnecessary exposure and removal of material from eyes, skin and clothing. FIRST AID (FIRST AID MEASURES) 1.4 IN CASE OF CONTACT, immediate first aid is not likely to be required. However, this material can be removed with (soap and) water. Wash heavily contaminated clothing before reuse. IF ON SKIN, immediately wash with soap and plenty of water. Remove contaminated clothing. Get medical attention if symptoms occur. Wash clothing (and thoroughly clean shoes) before reuse. (Destroy contaminated [shoes] [clothing].) IF IN EYES, immediately flush with plenty of water. If easy to do, remove any contact lenses. In case of contact with hot liquid, treat for thermal effects. (indicated elsewhere) Footnotes; 1 Use word or phrase in parenthesis only if appropriate. . 2 Labeling not necessary. 3 Labeling may be proposed. * Pick one or more of items within brackets. s If known or expected, based on professional judgement, list systemic toxicity/target organ effects anticipated in human exposure. 6 '...Wash skin gently with soap as soon as it is available.' 7 EMPTY CONTAINER STATEMENTS Flammable liquids with flashpoint <141F or Flammable Solids; CONTAINER HAZARDOUS WHEN EMPTY. Emptied containers retain vapor and product residue. FOLLOW LABELED WARNINGS EVEN AFTER CONTAINER ISJMPTIED. RESIDUAL VAPORS MAY EXPLODE ON IGNITION. DO NOT CUT, DRILL, GRIND OR WELD ON OR NEAR THIS CONTAINER. Improper disposal or reuse of this container may be dangerous and/or illegal. Combustible: Uouid with flashpoint l.41*F < 20QE Standard Statement for Drums and Bulk: Emptied container retains vapor and product residue. Observe all labeled safeguards until container is cleaned, reconditioned or destroyed. DO NOT CUT OR WELD ON OR NEAR THIS CONTAINER. Optional Safeguard to advise against container reuse (non-bulk containers): Emptied container retains vapor and product residue. Observe all labeled safeguards until container is destroyed. DO NOT CUT OR WELD ON OR NEAR THIS CONTAINER. Non-Flammable or Non-Combustible (Use only If "Warning Statements' are other than Good Hygiene) Standard Statement for urums and Bulk: Emptied container retains vapor and product residue. Observe all labeled safeguards until container is cleaned, reconditioned or destroyed. Optional Safeguard to advise against container reuse (non-bulk containers): Emptied container retains vapor and product residue. Observe all labeled safeguards until container is destroyed. MBS 6/96 4 SW 122709 TYPE (Con't) INHALATION CONTACT C 0 CLASSIFICATION D CRITERIA E Asphyxiant 3.7 4.1 4.2 4.3 4.4 Dust (PNOC) 4.5 4.6 4.7 CLASSIFICATION DESCRIPTION (DEGREE OF HAZARD) Physiologically Inert Vapor or Gas Corrosive, Eye Severely Irritating, Eye Moderately Irritating, Eye . No More Than Slightly Irritating, Eye MONSANTO LABEL TEXT GUIDELINES FOR IMMEDIATE EFFECTS 1,4 EFFECTS FOR MSDS SECTION 3 (POTENTIAL HEALTH EFFECTS) SIGNAL WORD (EMER OVER) STATEMENT OF HAZARD (EMERGENCY OVERVIEW) i (This [product)[component(s)]) may cause suffocation (reduces oxygen available for breathing). This may cause dizziness, light headedness, rapid breathing, anxiety, loss of clear thinkinq, loss of consciousness or death. (This [product][component(s)]) causes eye burns. (Injury; Impaired vision) (may be permanent.) CAUTION! DANGER! (VAPOR)(GAS) REDUCES OXYGEN AVAILABLE FOR BREATHING CAUSES (SEVERE) EYE BURNS (This (product][component(s)]) causes intense pain; redness; tearing (inflammation; swelling; itching; burning sensation; bums; blisters; blurred vision; sensitivity to light; sensation of a foreign body). (This [product][component(s)]) may cause (modest) pain; redness; tearing (inflammation; swelling; itching; burning sensation; bums; blisters; blurred vision; sensitivity to light; sensation of a foreiqn body). . (This (product][component(s)]) is no more than slightly irritating (...is practically non-irritating). WARNING! CAUTIONI 2 CAUSES EYE IRRITATION MAY CAUSE EYE IRRITATION 2 4,7 PRECAUTIONARY MEASURES (HANDLING & STORAGE) FIRST AID (FIRST AID MEASURES) 1.4 Keep container closed. Use with adequate ventilation. Do not enter storage areas unless adequately ventilated. IF INHALED, remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Remove material from eyes, skin and clothing. Do not get in eyes, on skin, or on clothing. Avoid breathing [dust, vapor, mist, gas]. Keep container closed. Use only with adequate ventilation. Wash thoroughly after handling. Avoid contact with eyes. Wash thoroughly after handling. IF IN EYES , immediately flush with plenty of water for at least 15 minutes. If easy to do, remove any contact lenses. Get medical attention. Remove material from skin and clothing. - IF IN EYES, immediately flush with plenty of water for at least 15 minutes. If easy to do, remove any contact lenses. Get medical attention. Remove material from skin and clothing. Avoid contact with eyes. Wash thoroughly after handling. IF IN EYES, immediately flush with plenty of water, it easy to do, remove any contact lenses. Get medical attention if irritation persists. Remove material from skin and clothing. - 2 IF IN EYES, immediate first aid is not likely to be required. However, this material can be removed with water. Corrosive, Skin Severely Irritating, Skin Moderately Irritating, Skin (Defatting Effects) Dust (or fibers) may cause eye irritation as would any foreign material. (This (product][component(s)]) causes skin bums. (The injury may be permanent.) DANGER! (This (productj[component(s)]) causes (intense; severe) pain; redness; swelling; blisters (dry skin; roughness; burning sensation). WARNING! (This (product][component(s)J) may cause (modest) pain; redness; swelling (dry skin; roughness; burning sensation; blisters). (Prolonged repeated) contact with this (product name/component(s)) may result in (mild; slight; modest; intense; severe; serious) redness; dry skin; roughness irritation (pain; swelling; dermatitis; defatting). CAUTION! CAUSES (SEVERE) SKIN BURNS CAUSES SKIN IRRITATION MAY CAUSE SKIN IRRITATION Do not get in eyes, on skin, or on clothing. Avoid breathing [dust, vapor, mist, gas]. Keep container closed. Use only with adequate ventilation. Wash thoroughly after handling. Avoid contact with eyes, skin and clothing. Wash thoroughly after handling Avoid contact with eyes, skin and clothing. Wash thoroughly after handling. IF IN EYES OR ON SKIN, immediately flush with plenty of water for at least 15 minutes while removing contaminated clothing and shoes.* If easy to do, remove any contact lenses. Get medical attention. Wash clothing (and thoroughly clean shoes) before reuse. (Destroy contaminated [shoes][clothing].) ' *for oily or sticky chemicals, see footnote IF IN EYES OR ON SKIN, immediately flush the area with plenty of water. If easy to do, remove any contact lenses. Remove contaminated clothing.* Get medical attention. Wash clothing (and thoroughly clean shoes) before reuse. (Destroy contaminated [shoes] [clothing]. *for oily or sticky chemicals, see footnote IF IN EYES OR ON SKIN, immediately flush the area with plenty of water. If easy to do, remove any contact lenses. Remove contaminated clothing.* Get medical attention if irritation persists. Wash clothing (and thoroughly clean shoes) before reuse. (Destroy contaminated [shoes] [clothing]. *for oily or sticky chemicals, see footnote DSW 1 2 2 7 1 1 MBS 6/96 3 STLCOPCB4032659 TYPE (Con't) C 0 CLASSIFICATION D CRITERIA E >200-51000 mg/kg ABSORPTION 2.2 >1000 - <2000 mg/kg 2.3 >2000 mg/kg 2.4 >20,000 mg/kg . CLASSIFICATION DESCRIPTION (DEGREE OF HAZARD) Toxic Harmful No more than slightly toxic If Nontoxic or Inert MONSANTO LABEL TEXT GUIDE LINES FOR IMMEDIATE EFFECTS 1.4 EFFECTS FOR MSDS SECTION 3 (POTENTIAL HEALTH EFFECTS) SIGNAL WORD (EMER. OVER.) STATEMENT OF HAZARD (EMERGENCY OVERVIEW) 1 (This (product](component(s)]) is harmful if absorbed. 5 WARNING! HARMFUL IF ABSORBED THROUGH SKIN (This (product][component(s)]) may be harmful if absorbed. * CAUTION! MAY BE HARMFUL IF ABSORBED THROUGH SKIN (This [product][component(s)]) is no more than slightly toxic. (This (product)[component(s)]) is not toxic if absorbed. 2 2 PRECAUTIONARY MEASURES (HANDLING 4 STOF1AGE) 4.7 FIRST AID (FIRST AID MEASURES) 1.4 Avoid contact with eyes, skin and clothing. Wash thoroughly after handling. Avoid prolonged contact with eyes, skin and clothing. Wash thoroughly after handling. 2 !F IN EYES OR ON SKIN, immediately flush with plenty of water for at least 15 minutes while removing contaminated clothing and shoes.* Get medical attention. Contact a Poison Control Center. Wash clothing (and thoroughly clean shoes) before reuse. (Destroy contaminated [shoes] [clothing].) for oily or sticky chemicals, see footnote IF IN EYES OR ON SKIN, immediately flush with plenty of water for at least 15 minutes while removing contaminated clothing and shoes.* Get medical attention. Contact a Poison Control Center. Wash clothing (and thoroughly clean shoes) before reuse. (Destroy contaminated [shoes] [clothing].) *for oily or sticky chemicals, see footnote iF IN EYES OR ON SKIN, immediate first aid is not likely to be required. However, this material can be removed with (soap and) water. Wash heavily contaminated clothing before reuse. -- INHALATION 52 mg/I (dust or mist) Highly Toxic (This (product](component(s)]) may be fatal if DANGER! MAY BE FATAL IF Do not breathe [dust, vapor, POISON. Get medical attention. Contact a Poison 3.1 5200 ppm (gas or vapor) inhaled. s* INHALED mist, gas]. Keep container closed. Use only with Control Center. FIRST AID: IF INHALED, remove to fresh air. If not breathing, give artificial adequate ventilation. respiration. If breathing is difficult, give oxygen. `List usual cause of death. Remove material from eyes, skin and clothing. >2-20 mg/I (dust or 3.2 mist) >200-2000 (gas or Toxic (This (product][component(s)]) may be harmful if inhaled. 5 WARNING! HARMFUL IF INHALED Avoid breathing [dust, vapor, mist, gas]. Keep container closed. Use with adequate IF INHALED, remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Remove material from eyes, skin and vapor) >20 mg/I (dust or mist) >2000 ppm (gas or No more than slightly toxic (This (product](component(s)]) is no more than slightly toxic if inhaled (...is not toxic if inhaled). 2 ventilation. 2 clothing. . 2 IF INHALED, immediate first aid is not likely to be required. However, if symptoms occur, remove to vapor) 3.3 fresh air. Remove material from eyes, skin and clothing. Particulates not (However, inhalation of the dust may cause otherwise classified (PNOC/Dust) -- coughing and sneezing.) Severely Irritating (This [product][component]) causes (intense; WARNING! CAUSES RESPIRATORY Avoid breathing [dust, vapor, IF INHALED, remove to fresh air. If not breathing, 3.4 severe; serious) coughing; chest pain; runny nose; burning throat (wheezing; chest tightness; TRACT IRRITATION (or specific organ if mist, gas]. Keep container closed. Use only with give artificial respiration. If breathing is difficult, give oxygen. Remove material from eyes, skin and shortness of breath). appropriate) adequate ventilation. ciothinq. Moderately. Irritating (This [product][component(s)]) may cause - CAUTION! MAY. CAUSE Avoid breathing [dust, vapor, IF INHALED, remove to fresh air. If not breathing, 3.5 (modest) coughing; chest tightness; runny nose; chest pain; burning throat (wheezing; shortness of RESPIRATORY TRACT IRRITATION mist, gas]. Keep container closed. Use only with cive artificial respiration,. If breathing is difficult, give oxygen. Remove material from eyes, skin and breath). (or specific organ if adequate ventilation. clothing. aporopriate) Reported Experience 3.6 Severe Sensitizer, Lungs (This (product][component(s)]) may cause (severe) WARNING! MAY CAUSE (SEVERE) Do not breathe [dust, vapor, IF INHALED, remove to fresh air. If not breathing, - allergic respiratory reaction. This may include ALLERGIC mist, L)q3], Keep container give artificial respiration, if breathing ic difficult, give coughing; wheezing; shortness of breath; chest RESPIRATORY closed. Use only with oxygen. Remove material from eyes, skin and tightness (sneezing; runny nose; scratchy throat; REACTION adequate ventilation. clothing. respiratory arrest; death). MBS 6/96 2 TYPE INGESTION ABSORPTION C 0 CLASSIFICATION D CRITERIA E 550 mg/kg . ' 1.1 >50-500 mg/kg 1.2 >500 - <2000 mg/kg 1.3 >2000 55000 mg/kg 1.4 CLASSIFICATION DESCRIPTION (DEGREE OF HAZARD) Highly Toxic Toxic ; Harmful No More Than Slightly Toxic MONSANTO LABEL TEXT GUIDELINES FOR IMMEDIATE EFFECTS 1,4 i EFFECTS FOR MSDS SECTION 3 (POTENTIAL HEALTH EFFECTS) SIGNAL WORD (EMER. OVER.) STATEMENT OF HAZARD (EMERGENCY OVERVIEW) (This (product)[component(s)]) may be fatal if swallowed. s * DANGER! MAY BE FATAL IF SWALLOWED 'List usual cause of death. (This (product][component(s)]) is harmful if swallowed.5 WARNING! HARMFUL IF SWALLOWED (This (product][component(s)]) may be harmful if swallowed.5 CAUTION! MAY BE HARMFUL IF SWALLOWED (This (product][component(s)]) is no more than .2 slightly toxic. Significant adverse health effects are not expected to develop if only small amounts (less than a mouthful) are swallowed. 2 PRECAUTIONARY MEASURES (HANDLING & STORAGE) 4.7 FIRST AID (FIRST AID MEASURES) 1.4 Wash thoroughly after. handling. Do not taste or swallow. Wash thoroughly after handling. Do not taste or swallow. Wash thoroughly after handling. Do not taste or swallow. 2 POISON. Get medical attention. Contact a Poison Control Center. FIRST AID: IF SWALLOWED, rinse mouth thoroughly with water. NEVER GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. (Induce vomiting only as directed by medical personnel.) Do NOT induce vomiting unless directed by medical personnel. Remove material from eyes, skin and clothing. IF SWALLOWED, rinse mouth thoroughly with water. NEVER GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. Get medical attention. Contact a Poison Control Center. (Induce vomiting only as directed by medical personnel.) Do NOT induce vomiting unless directed by medical personnel. Remove material from eyes, skin and clothing. IF SWALLOWED, rinse mouth thoroughly with water. NEVER GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. Get medical attention. Contact a Poison Control Center. (Induce vomiting only as directed by medical personnel.) Do NOT induce vomiting unless directed by medical personnel. Remove material from eyes, skin and clothinq. IF SWALLOWED, immediate first aid is not likely to be required. A physician or Poison Control Center can be contacted for advice. Wash heavily contaminated clothing before reuse. >5000 mq/kq If Nontoxic or inert Clear, colorless, G.l. Irritation or odorless liquid that Damage 1.5 could be mistaken for a potable liquid. Clear, colorless, Hydrocarbon odorless liquid that Aspiration 1.6 could be mistaken for a potable liquid. (This [product][component(s)]) is not toxic if swallowed. (This [product][component(s)]) may cause (modest; severe) nausea, vomiting, abdominal discomfort (burns; irritation; burning sensation (behind the breastbone); abdominal pain; diarrhea; gas; distress). DANGER). OR WARNING! Significant adverse health effects are not expected to develop if this product is swallowed. Coughing, choking and shortness of breath may occur if material is accidentally drawn into the lungs during swallowing or vomiting. 3 CAUSES (SEVERE) DIGESTIVE TRACT (BURNS) (UPSET) 3 Do not taste or swallow. !F SWALLOWED, do NOT induce vomiting. (Remove visible particles from mouth and rinse with water.) Offer a glass of water to drink. Get medical attention. Contact a Poison Control Center. NEVER GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. 3 IF SWALLOWED, do NOT induce vomiting. Rinse mouth with water. Get medical attention. Contact a Poison Control Center. NEVER GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. 5200 mg/kg 2.1 Highly Toxic (This (product][component(s)]) may be fatal if absorbed.5* DANGER! 'List usual cause of death. MAY BE FATAL IF ABSORBED THROUGH SKIN Do not get in eyes, on skin, or on clothing. Wash thoroughly after handling. POISON. Get medical attention. Contact a Poison Control Center. FIRST AID; IF IN EYES OR ON SKIN, immediately flush with plenty of water for at least 15 minutes while removing contaminated c'othing and shoes*. Wash clothinn (and thoroughly ciean shoes) before reuse. (Destroy contaminated [shoes] [clothing].) 'for oily or sticky chemicals, see footnote* DSW 1 2 2 7 1 3 MBS 6/96 1 MSDS Name: DISODIUM PHOSPHATE ANHYDROUS (007558794) SOLUTIA m Material Safety Data Sheet Applied Chemistry, Creative Solutions ResponsibleCare' Al^Cmritmnl 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: DISODIUM PHOSPHATE ANHYDROUS MSDS Number: 007558794 Date: 09/17/97 Chemical Name: phosphoric acid, disodium salt Synonyms: DSP; sodium phosphate, dibasic. SOLUTIA INC., 10300 OLIVE BOULEVARD, P.O. BOX 66760, ST. LOUIS, MO 63166-6760 FOR CHEMICAL EMERGENCY, SPILL LEAK, FIRE, EXPOSURE, OR ACCIDENT Call CHEMTREC - Day or Night -1-800-424-9300 Toll free in the continental U.S., Hawaii, Puerto Rico, Canada, Alaska, or Virgin Islands. For calls originating elsewhere: 703-527-3887 (collect calls accepted) For additional non-emergency information, call: 314-674-6661 2. COMPOSITION/INFORMATION ON INGREDIENTS Component disodium phosphate anhydrous CAS No. 7558-79-4 % by weight 100 3. HAZARDS IDENTIFICATION EMERGENCY OVERVIEW Appearance and Odor: white granules or powder with no odor WARNING STATEMENTS NO SIGNIFICANT HAZARDS ASSOCIATED WITH THIS MATERIAL Page: 1 DSW 12271** STLCOPCB4032661 MSDS Name: DISODIUM PHOSPHATE ANHYDROUS (007558794) POTENTIAL HEALTH EFFECTS Likely Routes of Exposure: skin contact and inhalation EYE CONTACT: No more than slightly irritating based on toxicity studies. The dry powder may cause foreign body irritation in some individuals. SKIN CONTACT: No more than slightly toxic or slightly irritating based on toxicity studies. Prolonged contact with the dry powder may cause drying or chapping of the skin. INHALATION: Inhalation of the dust may cause coughing and sneezing. INGESTION: Is not toxic if swallowed based on toxicity studies. No significant adverse health effects are expected to develop if only small amounts (less than a mouthful) are swallowed. Swallowing large amounts may cause abdominal discomfort and diarrhea. Refer to Section 11 for toxicological information. 4. FIRST AID MEASURES IF IN EYES OR ON SKIN, immediate first aid is not likely to be required. However, this material can be removed with water. Wash heavily contaminated clothing before reuse. IF INHALED, immediate first aid is not likely to be required. However, if symptoms occur, remove to fresh air. Remove material from eyes, skin and clothing. IF SWALLOWED, immediate first aid is not likely to be required. A physician or Poison Control Center can be contacted for advice. Wash heavily contaminated clothing before reuse. 5. FIRE FIGHTING MEASURES FLASH POINT: not combustible HAZARDOUS PRODUCTS OF COMBUSTION: not applicable EXTINGUISHING MEDIA: not applicable UNUSUAL FIRE AND EXPLOSION HAZARDS: none 6. ACCIDENTAL RELEASE MEASURES In case of spill, sweep, scoop or vacuum all material, contaminated soil and other contaminated material and place in clean, dry containers for removal. If possible, complete cleanup on a dry basis. After all practical dry cleanup has been done, residual contamination can be flushed with plenty of water. Page: 2 OS* STLCOPCB4032662 MSDS Name: DISODIUM PHOSPHATE ANHYDROUS (007558794) Refer to Section 13 for disposal information and Sections 14 and 15 for reportable quantity information. 7. HANDLING AND STORAGE Handling: HANDLE IN ACCORDANCE WITH GOOD INDUSTRIAL HYGIENE AND SAFETY PRACTICES. THESE PRACTICES INCLUDE AVOIDING UNNECESSARY EXPOSURE AND REMOVAL OF MATERIAL FROM EYES, SKIN, AND CLOTHING. STORAGE: Product is slightly hygroscopic and should be stored in a dry area to prevent moisture pickup and caking. 8. EXPOSURE CONTROLS/PERSONAL PROTECTION EYE PROTECTION: This product does not cause significant eye irritation or eye toxicity requiring special protection. Use good industrial practice to avoid eye contact. SKIN PROTECTION: Although this product does not present a significant skin concern, minimize skin contamination by following good industrial practice. Wearing protective gloves is recommended. Wash hands and contaminated skin thoroughly after handling. RESPIRATORY PROTECTION: Avoid breathing dust. Use NIOSH/MSHA approved respiratory protection equipment when airborne exposure is excessive. Consult the respirator manufacturer to determine appropriate type equipment for a given application. Observe respirator use limitations specified by NIOSH/MSHA or the manufacturer. Respiratory protection programs must comply with 29 C.F.R. 1910.134. VENTILATION: Provide natural or mechanical ventilation to control exposure levels below airborne exposure limits (see below). The use of local mechanical exhaust ventilation is preferred at sources of air contamination such as open process equipment. AIRBORNE EXPOSURE LIMITS: OSHA and ACGIH have not established specific exposure limits for this material. However, OSHA and ACGIH have established limits for particulates not otherwise regulated (PNOR) and particulates not otherwise classified (PNOC) which are the least stringent exposure limits applicable to dusts. OSHA PEL 15 mg/m3 (total dust) 8-hr. TWA 5 mg/m3 (respirable) 8-hr. TWA ACGIH TLV 10 mg/m3 (inhalable) 8-hr. TWA 3 mg/m3 (respirable) 8-hr. TWA 9. PHYSICAL AND CHEMICAL PROPERTIES Page: 3 DSk 122716 STLCOPCB4032663 MSDS Name: DISODIUM PHOSPHATE ANHYDROUS (007558794) Chemical Formula: Appearance: Odor: pH: Solubility in Water Na2HP04 white granules or powder none 9.0 (as a 1% solution) (g./l 00 g. H20): 1.7 @ 0 degrees C 11.5 @ 25 degrees C 51.7 @ 40 degrees C 78.8 @ 60 degrees C 102.4 @ 100 degrees C NOTE: These physical data are typical values based on material tested but may vary from sample to sample. Typical values should not be construed as a guaranteed analysis of any specific lot or as specifications for the product. 10. STABILITY AND REACTIVITY STABILITY: Product is stable under normal conditions of storage and handling. Store in a cool, dry place to maintain product performance. MATERIALS TO AVOID: none known HAZARDOUS DECOMPOSITION PRODUCTS: none HAZARDOUS POLYMERIZATION: will not occur 11. TOXICOLOGICAL INFORMATION The dry powder or granules may cause foreign body irritation in some individuals. Prolonged contact with the dry powder may cause drying or chapping of the skin. Due to the high alkalinity of this product, prolonged contact with the eyes or skin may cause slight irritation. Inhalation of dust has been reported to produce a mild drying effect on the respiratory tract membranes of exposed workers. Excessive inhalation of dust may be annoying and can mechanically impede respiration. Sodium phosphates have been used as therapeutic agents in medicinal preparations for their laxative effects. These phosphate salts are incompletely absorbed from the intestinal tract. Due to their osmotic activity, they draw water into the intestine and produce purging. Data from Solutia single-dose (acute) animal studies with this material are given below: Oral - rat LD50: 5,950 mg/kg; practically nontoxic Dermal - rabbit LD50: >7,940 mg/kg; practically nontoxic Eye Irritation - rabbit: 4.2/1 T0.0; slightly irritating Skin Irritation - rabbit: 0.0/8.0 (24-hr. exp.); nonirritating DOT skin corrosion - rabbit (4-hr. exp.): not corrosive Page: 4 `CSw 122717 STLCOPCB4032664 MSDS Name: DISODIUM PHOSPHATE ANHYDROUS (0075587941 This product (in anhydrous and hydrated forms) has produced no genetic changes in standard tests using bacterial ceils. 12. ECOLOGICAL INFORMATION The following data have been classified using the criteria adopted by the European Economic Community (EEC) for aquatic organism toxicity. A legend summarizing the classification scheme appears below. This product (in anhydrous and hydrated forms) has produced no genetic changes in standard tests using bacterial cells. No algal toxicity data was available for this material. Legend for Aquatic Organism Toxicity (Journal of the European Communities, Annex VII A, Section 5.2.1) Values Classifications LC50 or EC50 < or = 1.0 mg/L Very Toxic LC50 or EC50 >1.0 mg/L and < or = 10 mg/L Toxic LC50 or EC50 >10 mg/L and < or = 100 mg/L Harmful LC50 or EC50 >100 mg/L Practically Nontoxic No biodegradation data was available for this material. 13. DISPOSAL CONSIDERATIONS This material when discarded is not a hazardous waste as that term is defined by the Resource, Conservation and Recovery Act (RCRA), 40 CFR 261. Dry material may be landfilled or recycled in accordance with local, state and federal regulations. Consult your attorney or appropriate regulatory officials for information on such disposal. 14. TRANSPORT INFORMATION The data provided in this section is for information only. Please apply the appropriate regulations Page: 5 DSW 122718 STLCOPCB4032665 MSDS Name: DISODIUM PHOSPHATE ANHYDROUS (007558794) to properly classify your shipment for transportation. US DOT Classification: Environmentally hazardous substance, solid, n.o.s. (contains sodium phosphate, dibasic), 9, UN3077, III * US DOT Label: Class 9 * US DOT Reportable Quantity: Packages of 5,000 lbs or more contain a 5,000 lb. RQ of sodium phosphate, dibasic IMDG Code: See US DOT IATA/ICAO: See US DOT * Applies only to packages containing an RQ quantity, and for shipments by water within the US Coastal Waterway. 15. REGULATORY INFORMATION TSCA Inventory: Listed as phosphoric acid, disodium salt SARA Hazard Notification: Hazard Categories Under Title III Rules (40 CFR 370): not applicable Section 302 Extremely Hazardous Substances: not applicable Section 313 Toxic Chemical(s): not applicable CERCLA Reportable Quantity: 5,000 lb. RQ of sodium phosphate, dibasic Release of more than 5,000 lbs. of this product into the environment, must be reported to the National Response Center (800-424-8802 or 202-426-2675). Refer to Section 11 for OSHA Hazardous Chemical(s) and Section 13 for RCRA classification. 16. OTHER INFORMATION Reason for revision: Routine review and conversion to the 16 section format. Also added new name and logo. Supersedes MSDS dated 2/03/92. This material is certified to ANSI/NSF Standard 60 by NSF International for use in potable water systems. SolutiaTM is a trademark of Solutia Inc. Responsible Care is a registered trademark of the Chemical Manufacturers Association Dspa.997 Page: 6 QSW 122719 STLCOPCB4032666 MSDS Name: DISODIUM PHOSPHATE ANHYDROUS (0075587941 Although the information and recommendations set forth herein (hereinafter 'Information1) are presented in good faith and believed to be correct as of the date hereof, Solutia Inc. makes no representations as to the completeness or accuracy thereof. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Solutia Inc. be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information. NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OP MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION REFERS. Page: 7 DSW 12 2 720 STLCOPCB4032667 MSDS Name: ORTHO-NITROANILINE (000088744) Material Safety Data Sheet * Applied Chemistry, Creative Solutions ResponsibleCare' APittcCauntmert 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product Name Ortho-nitroaniline MSDS Number 000088744 Date: 11/21/97 Chemical Family: nitroanilines Chemical Name: 2-Nitrobenzeneamine Synonyms: ONA, 2-nitroaniline, 1-amino-2-nitrobenzene SOLUTIA INC., 10300 OLIVE BOULEVARD, P.O. BOX 66760, ST. LOUIS, MO 63166-6760 FOR CHEMICAL EMERGENCY, SPILL LEAK, FIRE, EXPOSURE, OR ACCIDENT Call CHEMTREC - Day or Night -1-800-424-9300 Toll free in the continental U.S., Hawaii, Puerto Rico, Canada, Alaska, or Virgin Islands. For calls originating elsewhere: 703-527-3887 (collect calls accepted) For additional non-emergency information, call: 314-674-6661 2. COMPOSITION/INFORMATION ON INGREDIENTS Component o-Nitroaniline CAS No. 88-74-4 % bv weight 99 3. HAZARDS IDENTIFICATION EMERGENCY OVERVIEW . Appearance and Odor: Orange crystalline mass or flakes, or orange molten liquid DANGER! MAY BE FATAL IF SWALLOWED, INHALED OR ABSORBED THROUGH SKIN: CAUSES METHEMOGLOBINEMIA, DECREASING OXYGEN IN BLOOD for solid material: COMBUSTIBLE DUST - EXPLOSION POTENTIAL Page: 1 DSW 122721 STLCOPCB4032668 MSDS Name: ORTHO-NITROANILINE (000088744) for molten material: HOT MELTED MATERIAL CAUSES THERMAL BURNS POTENTIAL HEALTH EFFECTS Likely Routes of Exposure: Skin Contact and inhalation This product is HAZARDOUS by all routes of exposure. Exposure to this product should be tightly controlled. This product has a high potential to cause changes in the blood cells which decrease the oxygen-carrying capacity of the blood. This condition is called methemoglobinemia. As this condition progresses, oxygen deficiency increases (cyanosis occurs), producing possible headache, weakness, irritability, drowsiness, shortness of breath and unconsciousness. The appearance of methemoglobinemia may be delayed 6 to 12 hours after exposure. Refer to Section 11 for toxicological information. 4. FIRST AID MEASURES POISON: GET MEDICAL ATTENTION. CONTACT A POISON CONTROL CENTER. Get patients to fresh air. Remove contaminated clothing but keep patient warm. Start decontamination and indicated treatment immediately. Rescuers must use care to prevent contact with the material. FIRST AID: IF IN EYES OR ON SKIN, immediately flush with plenty of water for at least 15 minutes while removing contaminated clothing and shoes. As soon as available, wash skin thoroughly with soap and water. Wash clothing thoroughly before reuse. Destroy contaminated shoes. IF INHALED, remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Remove material from eyes, skin, and clothing. IF SWALLOWED, rinse mouth thoroughly with water. NEVER GIVE ANYTHING BY MOUTHTO AN UNCONSCIOUS PERSON. Do not induce vomiting unless directed by medical personnel. Remove material from eyes, skin and clothing. NOTE TO PHYSICIANS: Call a Poison Control Center for guidance. If absorbed, this product may cause methemoglobinemia which reduces oxygen carrying capacity of blood. Methemoglobin spontaneously but slowly reverts to hemoglobin after termination of exposure. Asymptomatic patients with methemoglobin levels under 30% generally respond to bed rest, oxygen, and supportive care. Patients with symptoms or with methemoglobin greater than 30% may also respond to intravenous injection of methylene blue. See package insert for indications, dosage, and precautions. Repeat methemoglobin level one to two hours after antidote to assess response. Thorough cleansing of contaminated skin, nails, and hair is essential to prevent continued absorption and methemoglobin formation. 5. FIRE FIGHTING MEASURES FlashPoint: 266 degrees F (130 degrees C) Method:Cleveland Open Cup Extinguishing Media: In case of fire, use water spray (fog), foam, dry chemical, or C02. Unusual Fire and Explosion Hazards: This material, as normally packaged and handled, can contain sufficient fines to present a potential dust explosion hazard if a sufficient quantity of this material is dispersed in air. Page: 2 DSW 122722 STLCOPCB4032669 MSDS Name: ORTHO-NITROANILINE (000088744) Fire Fighting Equipment: Fire fighters and others exposed to products of combustion should wear self-contained breathing apparatus. Equipment should be thoroughly decontaminated after use. 6. ACCIDENTAL RELEASE MEASURES IN CASE OF SPILL OR LEAK, Keep people away. Keep upwind. Shut off leak if without risk. If necessary to enter spill area, wear self-contained breathing apparatus and full protective clothing including boots. Scoop up and place in container. Wear protective gloves, eye protection, rubber boots and protective, long-sleeved clothing. Use vacuum equipment designed specifically for handling combustible dusts. Keep out of sewer, watersheds, and waterways. Notify pollution control authorities. Refer to Section 13 for disposal information. 7. HANDLING AND STORAGE Do not get in eyes, on skin, or on clothing. Do not breathe (dust, vapor or mist). Do not taste or swallow. Keep container closed. Keep away from sparks and flame. . Avoid creating dust cloud in handling, transfer and clean up. Use only with adequate ventilation or wear a suitable respirator. Wash thoroughly after handling Emptied container retains vapor and product residue. Observe all labeled safeguards until container is cleaned, reconditioned, or destroyed. DO NOT REUSE THIS CONTAINER. Storage: Store in a cool, well ventilated place away from foodstuffs, reducing agents and acids. 8. EXPOSURE CONTROLS/PERSONAL PROTECTION Aromatic amines such as ortho-nitroaniline are known to cause methemoglobinemia in man following oral, dermal, or inhalation exposure. Eye Protection: Where there is potential for eye contact, wear chemical goggles and have eye flushing equipment available. Skin Protection: ortho-Nitroaniline may be absorbed through the skin causing methemoglobinemia. Care must be taken to prevent skin contact. Wear chemical resistant gloves and boots, and protective long sleeved clothing when there is potential for skin contact. If handled as a liquid, wear a face shield and chemical resistant apron when splashing is likely. Wash contaminated skin immediately and thoroughly with soap and water. Launder contaminated clothing and clean protective equipment before reuse. Provide a safety shower at any location where skin contact can occur. Wash thoroughly after handling. Respiratory Protection: Avoid breathing dust or vapor. Use NIOSH/MSHA approved respiratory protection equipment (full facepiece recommended) when airborne exposure limits are exceeded. (See below). If used, full facepiece replaces need for face shield and/or chemical goggles. Consult respirator manufacturer to determine Page: 3 DSW 122723 STLCOPCB4032670 MSDS Name: ORTHO-NITROANILINE (000088744) appropriate type equipment for given application. Observe respirator use limitations specified by NIOSH/MSHA or the manufacturer. Respiratory protection programs must comply with 29 CFR '1910.134. Ventilation: Provide natural or mechanical ventilation to control exposure levels below airborne exposure limits (see below). The use local mechanical exhaust ventilation at sources of air contamination such as open process equipment is preferred. Airborne Exposure Limits: Product ortho-Nitroaniline OSHA PEL: Not established ACGIH TLV: Not established Solutia has adopted an internal exposure guideline of 3 mg/m3 8-hour time-weighted average- Skin* for this material. *Skin notation means that skin absorption of this material may add to the overall exposure. Avoid skin contact. 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: Orange crystalline mass or flakes or orange molten liquid Melting Point: 71.5 deg. C (106 deg. F) Crystallizing Point: Refined, 69.7deg. C. min. Boiling Point 284 deg. C @ 760 mm Hg 104 deg. C @ 1 mm Hg Specific Gravity 25/15.5 deg. C: 1.255 Solubility in Water @ 25 deg. C: 0.1% NOTE: These physical data are typical values based on material tested but may vary from sample to sample. Typical values should not be construed as a guaranteed analysis of any specific lot or as specifications for the product. 10. STABILITY AND REACTIVITY Stability: Product is stable under normal conditions of storage and handling. Materials to Avoid: Strong oxidizing agents, alkalis. Hazardous Decomposition Products: Decomposition products are oxides of nitrogen, carbon monoxide (CO), soot, and smoke. Hazardous Polymerization: Does not occur. Page: 4 DSW 122 7.24 STLCOPCB4032671 MSDS Name: ORTHO-NITROANI LINE (000088744) 11. TOXICOLOGICAL INFORMATION NOTE: Human experience has shown that man is much more sensitive to methemoglobinemia caused by these type of compounds than the rat or the rabbit. Data from laboratory studies conducted by Solutia and from the scientific literature with ortho-nitroaniline are summarized below. Single exposure (acute) studies indicate: Oral - Slightly Toxic Dermal - Practically Nontoxic Inhalation - Slightly Toxic Eye Irritation - Practically Nonirritating Skin Irritation - Nonirritating (Rat LD50 2,050 mg/kg) (Rabbit LD50 >7,940 mg/kg) (Rat 4-hr LC50 >6.6 mg/I) (Rabbit, 1.5/110.0) (Rabbit, 24-hr exposure, 0.0/8.0) No adverse effects were reported in a repeated oral dosing study (2-week) with rats. Following repeated inhalation (4-weeks) of ortho-nitroaniline in ethylene glycol monoethyl ether, testicular effects were observed in rats. Because adverse reproductive effects have been reported in the scientific literature for ethylene glycol monoethyl ether, a second 4-week inhalation study was conducted to determine whether the observed testicular effects were reproducible and related to ortho-nitroaniline itself. In the second study, exposure to ortho-nitroaniline alone had no effect on rat testes. A very slight increase in methemoglobin formation occurred at the highest exposure level in this study. A single birth defect (situ inversus of the stomach with heart malformation) was observed in two offspring of rats given ortho-nitroaniline orally during pregnancy at an amount which produced toxic effects on the mothers. ortho-Nitroaniline produced no genetic changes in standard tests using animals or animal cells. Both positive and negative responses have been reported in assays using bacterial cells. 12. ECOLOGICAL INFORMATION The following data have been classified using the criteria adopted by the European Economic Community (EEC) for aquatic organism toxicity. A legend summarizing the classification scheme appears below. 48-hr LC50 Daphnia magna: 14.5 mg/I, Harmful ortho-Nitroaniline was evaluated in a semi-continuous sludge test without acclimation. Primary degradation was approximately 4-18%. Biodegradability is classified as resistant. Legend for Aquatic Organism Toxicity (Journal of the European Communities, Annex VII A, Section 5.2.1) Values Classifications LC50 or EC50 < or = 1.0 mg/L Very Toxic LC50 or EC50 > 1.0 mg/L and < or = 10 mg/L Toxic LC50 or EC50 > 10 mg/L and < or = 100 mg/L Harmful Page: 5 CSW 122725 STLCOPCB4032672 MSDS Name: ORTHO-NITROANILINE (000088744) LC50 or EC50 > 100 mg/L Practically Nontoxic 13. DISPOSAL CONSIDERATIONS This material when discarded is not a hazardous waste as that term is defined by the Resource, Conservation and Recovery Act (RCRA), 40 CFR 261. Dispose of by incineration or recycle in accordance with local, state and federal regulations. Consult your attorney or appropriate regulatory officials for information on such disposal. This product should not be dumped, spilled, rinsed or washed into sewers or public waterways. 14. TRANSPORT INFORMATION The data provided in this section is for information only. Please apply the appropriate regulations to properly classify your shipment for transportation. US DOT Classification: Nitroanilines, 6.1, UN1661, II US DOT Label: POISON US DOT Reportable Quantity: Not applicable IMDG Code: See US DOT IATA/ICAO: See US DOT 15. REGULATORY INFORMATION TSCA Inventory: Listed SARA Hazard Notification Hazard Categories Under Title III Rules (40 CFR 370): Immediate Section 302 Extremely Hazardous Substances: Not applicable Section 313 Toxic Chemical(s): Not applicable CERCLA Reportable Quantity: Not applicable Refer Section 13 for RCRA classification. 16. OTHER INFORMATION Reason for revision: Company name change to Solutia. Supersedes MSDS dated 1/5/96. Page: 6 DSW 122726 STLCOPCB4032673 MSDS Name: ORTHO-NITROANILINE (000088744) SOLUTIATM is a trademark of Solatia Inc. Responsible Care is a registered trademark of the Chemical Manufacturers Association ona.1197 Although the information and recommendations set forth herein (hereinafter 'Information') are presented in good faith and believed to be correct as of the date hereof, Solutia Inc. makes no representations as to the completeness or accuracy thereof. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Solutia Inc. be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information. NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION REFERS. Page: 7 DSW 122 727 STLCOPCB4032674 gnvjrnflTiiental Operations Film Ubyary 1. A Story With Spots, Monsanto, 3 copies 3/4" and 6 copies VHS. 2. The Toxic Substances Control Act, Part X, A Special Report, 2 copies 3/4". 3. The Toxic Substances control Actf A Special Report, Parts I, II and III, 3/4". 4. The Toxic Substances Control Act, Part I, A Special Report, Part II, A Personal Quis, 2 copies 3/4". 5. Toxic Substances Control Act, Parts I and II, 2 copies VHS. 6. Toxic Substances Control Act, A Special Report, Part I, 3/4". 7. Plastic PEL, T8CA, 1 copy 3/4" and 4 copies VHS. 8. TSGA, Parts I and II, DuPont, 6 copies VHS. 9. EPA, TSGA, 8(c), Recordkeeping, 3/4". 10. TSGA Training, Isolated Intermediate, 5 copies VHS. 11. Burning Issue; Burning Plastic, Today, KSDK-TV5, 8/27/85, VHS. 12. The Air We Breathe Indoors, January 25, 1990, VHS. 13. Working Safely With Formaldehyde, The Formaldehyde Institute, 3 copies VHS. 14. Formaldehyde Exposure Institute, VHS. Monitoring, The Formaldehyde 15. Handling Corrosive Materials, An Audiovisual Training Program, VHS. . 16. Carpet Rash, Jack Benny Tape, September 19, 1989, VHS. 17. Common Sense, Bruce Ames, VHS. For use of video tapes, contact Joani Madden, 314/694-3928, mail zone G4WR. VIDEO.LIB - STLCOPCB4032675 Responsible Care IMPLEMENTING PRODUCT STEWARDSHIP A Matrix of Resource Tools and Guidelines The Product Stewardship Code The goal of the Product Stewardship Code of Management Practices is to make health, safety, and environmental protection an integral part of designing, manufacturing, marketing, distributing, using, recycling, and disposing of our products. The following materials, available through the Chemical Manufacturers Association or other organizations, may aid companies with implementing the Product Stewardship Code. INSIDE: General Guidance Through its efforts to promote and implement Responsible Care, CMA has put together numerous materials that assist companies with understanding the broad scope of Product Stewardship, and provide general guidance for implementation. These materials are listed on page 2. Specific Guidance CMA and other organizations have developed many other resource tools and guidelines that may aid companies with implementing the Product Stewardship Code. These materials are listed on pages that follow per the format below. Product Stewardship Code Management Practice Numbers S<?fiPage Management Leadership and Commitment Information and Characterization Risk Managment Practices Other Resource Aids 1-3 4-5 6-12 2 3 3-5 5 Ordering Information You may order CMA resource materials by calling CMA Publications Fulfillment at (301) 617-7824 or using the order form on page 6. Revised 10/9/97 DSW 122729 STLCOPCB4032676 IMPLEMENTING PRODUCT STEWARDSHIP A Matrix of Resource Tools and Guidelines General Guidance Resource Understanding Responsible Care Video Responsible Care Coordinators Manual Responsible Care Overview Brochure Order # 047068 047017 047057 Member/Non $23.50/NA S29.25/NA $.60/$1.00* Responsible Care Code Brochures: CAER Pollution Prevention Process Safety Distribution Employee Health and Safety . Product Stewardship Product Stewardship Progress Report Implementing Product Stewardship: A Resource Guide Product Risk Management Strategy Manual (current draft) 047058 " 047059 047060 .047061 047062 047063 $.60/NA** $.60/NA** S.60/NA** $.60/NA** $.60/NA** $.60/NA** 047074 $5.75/$8.75 020015 $58.50/$87.75 FREE - Call Amy Schofield, CMA at (703) 741-5226 Product Risk Management Strategy Overview FREE - Call Amy Schofield, CMA at (703) 741-5226 PTB Implementation Guidance FREE - Call Amy Schofield, CMA at (703) 741-5226 CMA Web Site (includes Responsible Care information) CMA Publications and Resource Guide Responsible Care Management Systems Verification Process http: / /www.cmahq.com FREE - Call CMA Publications Fulfillment at (301) 617-7824 FREE - Call Dan Roczniak, CMA at (703) 741-5306 Product Stewardship & Quality Management Synergies Tool FREE - Call Amy Schofield, CMA at (703) 741-5226 *Responsible Care Overview Brochures are available at a discount when ordered in large quantities: 1-499 copies, $.60 members, $1.00 nonmembers; 500 to 999 copies, $.50 members, $.75 nonmembers; over 1,000 copies, $.40 members, $.60 nonmembers. ** Responsible Care Code Brochures are available to members and partners only at a discount when ordered in large quantities: 1-499 copies, $.60; 500-999 copies, $.50: over 1,000 copies, $.40. Management Leadership and Commitment Management Practice 1. Leadership Resource Senior Management Tools (Included in "Implementing Product Stewardship: A Resource Guide") Order# | Member/Non See listing under General Guidance 2. Accountability and Performance Measurement Example Internal Measures of Progress FREE - Call Amy Schofield, CMA at (703) 741-5226 Example Practice in Place Criteria FREE - Call Amy Schofield, CMA at (703) 741-5226 3. Resources - Revised 10/9/97 2 DSW 122730 STLCOPCB4032677 IMPLEMENTING PRODUCT STEWARDSHIP A Matrix of Resource Tools and Guidelines Management Practice 4. Health, Safety, and Environmental Information 5. Product Risk Characterization Information and Characterization Resource Product Risk Management Strategy Manual Order# | Member/Non See listing under General Guidance Product Stewardship Guidelines for Risk Characterization/Risk Management (Included in "Implementing Product Stewardship: A Resource Guide") Hazard Characterization Resource Guide Hazard Evaluation Tool Exposure Evalution Tool Public Concern Worksheet (Included in " Product Risk Managment Strategy Manual") See listing under General Guidance 020029 $17.50/$26.25 See listing under General Guidance Management Practice 6. Risk Management System 7. Product and Process Design, and Improvement Risk Management Practices Resource Product Stewardship Guidelines for Risk Characterization/Risk Management (Included in "Implementing Product Stewardship: A Resource Guide") Industry Product Risk Decision Framework Product Chemical Risk Management Specification (Included in " Product Risk Managment Strategy Manual") Distribution Code: Risk Management Implementation Aid ANSI Z129.1-1994, Precautionary Labeling ANSI Z400.1-1993, Preparation of MSDS MSDS Section 12: Ecological Guidance Document Product Stewardship Guidelines for Product and Process Design and Modification (Included in "Implementing Product Stewardship: A Resource Guide) Designing Pollution Prevention Into the Process: Research, Development & Engineering Managing Process Change A Resource Guide for Implementing Process Safety Code of Management Practices Order # Member/non See listing under General Guidance See listing under General Guidance 047028 $4.75/$7.00 020032 $35/$52.75 020022 $58.50/$87.75 FREE - Call Amy Schofield, CMA at (703) 741-5226 See listing under General Guidance . 022018 $41/$61.50 022020 047024 $23.50/$35 $29.25/$44 Revised 10/9/97 DS* ^*734 STLCOPCB4032678 IMPLEMENTING PRODUCT STEWARDSHIP A Matrix of Resource Tools and Guidelines Management Practice 8. Employee Education and Product Use Feedback 9. Contract Manufacturers 10. Suppliers 11. Distributors Risk Management, Con't Resource Responsible Care Every Hour, Every Day Employee Awareness Kit Order # 047073 Member/non $87.75/NA Responsible Care Every Hour, Every Day Employee Awareness Brochure The Power of Product Stewardship for Sales and Marketing Professionals: Brochure Video Marketing the Added Value of Product Stewardship Brochure Product Stewardship: Beyond the Fenceline Video Operations Training Guide for Process Safety Employee Health and Safety Code Video Employee Health and Safety Resource Guide Product Stewardship Assessment Review Guidelines for Contract Manufacturers (Included in "Implementing Product Stewardship: A Resource Guide") Product Stewardship Assessment Review Guidelines for Suppliers (Included in "Implementing Product Stewardship: A Resource Guide") - Customer/Supplier Self Assessment A Guide to the Distribution Code of Management Practices Chemical Distributors Self-Assessment Protocol Product Stewardship Code Assessment Protocol for Chemical Distributors Distribution Code Video CMA Implementation Manual, Improving Safety in Hazardous Materials Rail Shipments DOT General Awareness Training Video and Workbook Distribution Code Resource Guide Carrier Safety: Motor Carrier Assessment Protocol Carrier Safety: Rail Carrier Assessment Protocol ' 047072 $1.75/NA 020016 020023 020025 $1.25/1.75 $58.50/87.75 $1.25/$1.75 041014 $41/$61.50 022017 $29.25/$44 047054 $46.75/$70.25 020013 $29.25/$43.75 See listing under General Guidance See listing under General Guidance 170002 047027 047049 047065 041009 026002 $19/$28.50 $9.50/$14 $11.75/$17.50 $4.75/$7.00 $23.50/$35 $11.75/$17.50 026033 026047 026039 026044 $35/$52.75 $29.25/$44 $16.50/$24.50 $16.50/$24.5f i - Revised 10/9/97 OSW 122732 STLCOPCB4032679 Management Practice Distributors, con't. 12. Customers and Other Direct Product Receivers IMPLEMENTING PRODUCT STEWARDSHIP A Matrix of Resource Tools and Guidelines Risk Management, Con't. Resource Carrier Safety: Barge Carrier Assessment Protocol Carrier Safety: Container Carrier Assessment Protocol Distribution Code: Carrier Safety Implementation Aid ' Distribution Code: Risk Management Implementation Aid Product Stewardship Assessment Review Guidelines for Customers (Included in "Implementing Product Stewardship: A Resource Guide") Customer/Supplier Self-Assessment The Power of Product Stewardship for Sales and Marketing Professionals Brochure Video Marketing the Added Value of Product Stewardship Brochure Order # 026045 Member/non $16.50/$24.50 026043 $16.50/$24.50 047043 $5.75/$8.75 047028 $4.75/$7.00 See listing under General Guidance 170002 $19/$28.50 020016 020023 020025 $1.25/$1.75 $58.50/$87.75 $1.25/$1.75 Other Aids Resource National Association of Chemical Distributors (NACD) Product Stewardship Resource Guide Available on-line at www.nacdtf.com Revised 10/9/97 5 SW 122733 STLCOPCB4032680 ORDER FORM Order Form THREE WAYS TO ORDER |Call (301)617-7824 Fax to (301)206-9789 Mail to CMA Publications Fulfillment, P.O. Box 522,Annapolis junction, MD 20701-0522 SHIP TO BILL TO (see payment method below) Name Name ' Company Company Address (no PO Boxes) Address (no PO Boxes) City State Zip City State Telephone . Telephone (In order to receive a refund, materials must be returned in resaleable condition within 30 days of invoice date.) Zip ORDER # TITLE QUANTITY PRICE AMOUNT UPS Shipping (see chart below) ._ Total (Payable in U.S.$) Allow up to 10 days for delivery. See below for RUSH and International shipping charges.** $ $ SHIPPING Up tp $75.................................................................. $4 50 $7501 tn$50........................................................... ........$600 $5001 tn $75........................................................... ........$7 50 $7501 to $100......................................................... ........$900 $10001 to $175 ....................' ...................... ..... $1000 $17501 tn $150....................................................... ..... $1075 $150 01 to $175 ......................................... ..... $11 50 $175 01 tn $700 ... .......................................... $1700 $200 or more ~ $1250 International Shipping; Up to $ 100. add $25.00; Over $ 100, add 25% of invoice price. For two-day delivery, add $ 10 to the UPS charge. For overnight delivery, add $ 15 to the UPS charge. If shipping exceeds amount shown here, you may be charged the difference. Prices for Responsible Care* Partners are the same as those listed for CMA members for Responsible Care*- related items as indicated in the Catalog. PAYMENT METHOD Three ways to pay. Check, Purchase Order, or Credit Card Check enclosed (payable to CMA Publications Fulfillment) O Bill me (include "Bill to" address if different than "Ship to") Must include Purchase Order U. Order will not be processed without P.O. #. RO.#; O Charge my QVISA O MasterCard O American Express Card Number . Exp. Date Signature CMA Member Responsible Care* Partner Nonmember TO ORDER CALL CMA PUBLICATIONS FULFILLMENT 301-617-7824 ' SW 122734 STLCOPCB4032681 f- ' V DSW L22735 STLCOPCB4032682 Resources A p p e n d ix osw 122 736 STLCOPCB4032683