Effective: January 25, 2012 Supersedes: June 21, Regulation (EC) No. 648/2004 on Detergents and Amendments (907/2006)

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1 Effective: January 25, 2012 Supersedes: June 21, 2011 Regulation (EC). 648/2004 on Detergents and Amendments (907/2006) Overview Surfactants used in detergents have been subject to European Community (EC) legislation for a number of years. The Detergents Regulation (EC). 648/2004 (published in the Official Journal on April 8, 2004), which consolidates all prior community legislation on the biodegradability and labelling of detergents, entered into force in all European Member States on October 8, This Regulation does the following: Broadens the definition of detergent and defines surfactant Includes test methods for assessing the biodegradability of all types of surfactant. Requires surfactants to meet more stringent biodegradability criteria. Requires specific information to be provided on detergent packaging relating to ingredients, instructions for use and specific precautions, if required. Requires detergent manufacturers to notify health care professionals, on request, with a datasheet on ingredients. Surfactant Biodegradability Criteria The Regulation introduces a stricter series of tests for determining both the primary and the ultimate (ready) biodegradability of all surfactants. Emphasis is placed on ultimate biodegradability all surfactants used in household detergents must be readily biodegradable (achieve >60% biodegradability in a relevant OECD 301 screening test). Surfactants used in household detergents which do not meet this requirement should have been removed from the Community market by latest October 8, The same criteria applies to surfactants used in industrial and institutional (I&I) detergents/cleaners. However, a derogation procedure is included in the Regulation which can be applied only to I&I surfactants provided that the surfactant meets primary biodegradation criteria and that the detergent itself also meets certain criteria (e.g. low dispersive application, minimal environmental exposure etc). The timeframe for requesting a derogation for non-complying I&I surfactants placed on the market prior to October 8, 2005, came to an end on October 7, New derogations may still be applied for but the surfactant in question may not be placed on the market as a detergent ingredient until the derogation has been granted. See Figure 1. Dow Surfactants That Do and Do t Comply With the Detergent Regulation. See Table 1. This lists: (1) Dow surfactants which are readily biodegradable and so do comply with the Regulation (suitable for use in all detergent applications); (2) Dow surfactants that are not readily biodegradable and so which do not comply with the regulation. We have not requested a derogation for any Dow surfactant.

2 Communication of Compliance with the Regulation Under the Regulation, there is an ongoing obligation for surfactant manufacturers to communicate efficiently on the compliance status of their surfactant products. The European Commission, Member States and stakeholders agreed at the ad hoc EU working group meeting of October 8, 2004, that the material safety datasheet (MSDS) is the appropriate document for a smooth and consistent application of the regulation requirements on the information to be provided by surfactant manufacturers (art. 9(1) and 9(2)). A CESIO guideline with the recommended sentence and translations into different languages for the MSDS has been issued and is available on the EU Commission public website. In line with the CESIO guideline, Dow MSDS for surfactants which comply with the Regulation will carry the following statement in Section 15: This surfactant complies with the biodegradability criteria as laid down in Regulation (EC). 648/2004 on detergents. Data to support this assertion are held at the disposal of the competent authorities of the Member States and will be made available to them, at their direct request or at the request of a detergent manufacturer. Further Information More information, including the legislative text and MSDS phrases, are on the Europa website at:

3 Figure 1: Surfactant Biodegradation Criteria Detergent Surfactant Readily Biodegradable OK for market Remove from market Household? I&I? Primarily Biodegradable Plan to submit request for derogation? Follow derogation procedure this may result in marketing and use restrictions

4 Table 1: Dow Surfactants - Compliance Status with the Detergent Regulation (1) Dow Surfactants that do comply with the Regulation TERGITOL 15-S-3 Surfactant TERGITOL 15-S-5 Surfactant TERGITOL 15-S-7 Surfactant TERGITOL 15-S-9 Surfactant TERGITOL 15-S-12 Surfactant TERGITOL 15-S-15 Surfactant TERGITOL 15-S-20 Surfactant TERGITOL 15-S-30 Surfactant TERGITOL 15-S-40 Surfactant TERGITOL L-61 Surfactant TERGITOL L-62 Surfactant TERGITOL L-64 Surfactant TERGITOL L-81 Surfactant TRITON H-55 Surfactant TRITON H-66 Surfactant TRITON BG-10 Surfactant TRITON CG-110 Surfactant TRITON CG-50 Surfactant TRITON DF-12 Surfactant TRITON DF-16 Surfactant TRITON DF-18 Surfactant TRITON DF-20 Surfactant TRITON GR-5M Surfactant TRITON GR-7M Surfactant TRITON GR-PG70 Surfactant TRITON X-Surfactants OPE 9.5 EO : X-15, X-35, X-45, X-114, X-100 ECOSURF SA-4 Surfactant ECOSURF SA-7 Surfactant ECOSURF SA-9 Surfactant ECOSURF SA-15 Surfactant ECOSURF EH-3 Surfactant ECOSURF EH-6 Surfactant ECOSURF EH-9 Surfactant (2) Dow Surfactants that do NOT comply with the Regulation TERGITOL XD Surfactant TERGITOL XH Surfactant TERGITOL XJ Surfactant TERGITOL TMN-3 Surfactant TERGITOL TMN-6 Surfactant TERGITOL TMN-10 Surfactant TERGITOL TMN-100X Surfactant TERGITOL L-101 Surfactant TERGITOL Min-Foam 1X TERGITOL Min-Foam 2X TERGITOL NP Surfactants (NPEs) TRITON CF-10 Surfactant TRITON CF-21 Surfactant TRITON CF-76 Surfactant TRITON CF-87 Surfactant TRITON CA Surfactant TRITON QS-15 Surfactant TRITON QS-44 Surfactant TRITON X-207 Surfactant TRITON XN-45S Surfactant TRITON XQS-20 (70%) Surfactant TRITON W-30 Conc. Surfactant TRITON N-57 Surfactant TRITON X-Surfactants OPE > 9.5 EO : X-102, X-165, X-305, X-405, X-705 DOWFAX 2A1Solution Surfactant DOWFAX 3B2 Solution Surfactant DOWFAX 8390 Solution Surfactant DOWFAX C6L Surfactant te on Anti-Foaming Agents The EU Working Group has agreed with AISE that anti-foaming agents are exempt from the scope of the Regulation. They commented that anti-foaming agents are not used as an integral part of the washing process. Their role is to improve the process efficiency and the environmental performance of a wide variety of industrial washing processes. Moreover, they are used in very low concentrations. TRITON CF-32 Defoamer is exempt from the scope of the Regulation.

5 If you have any questions or require further information, please contact us via our website at Sincerely, Connie L. Deford Director, Global Regulatory Affairs The Dow Chemical Company (Dow Answer Center) This information is considered accurate and reliable as of the date appearing above and is presented in good faith. Because use conditions and applicable laws may differ from one location to another and may change with time, Recipient is responsible for determining whether the information in this document is appropriate for recipient s use. Since Dow has no control over how this information may be ultimately used, all liability is expressly disclaimed and Dow assumes no obligation or liability therefore. warranty, express or implied, is given nor is freedom from any patent owned by Dow or others to be inferred. Trademark of The Dow Chemical Company ("Dow") or an affiliated company of Dow