Siloxanes Teleconference with Interested Parties and Observers August 8, 2013 1-2pm 

EPA Staff Present 

Mark Seltzer, Paul Lewis, Ward Penberty, Nhan Nguyen, Sara Pollack, Karen Eisenreich, Steve 

Anderson, Joseph Avcin, Cathy Fehrenbacher 

Interested Parties 

Karluss Thomas – Silicones Environmental, Health, and Safety Center 

Charles Staples- Silicones Environmental, Health, and Safety Center 

Tracey Gurrero- Silicones Environmental, Health, and Safety Center 

Wendy Koch - Evonik Goldschmidt Corporation: 

Kathleen Plotzke - Dow Corning Corporation 

Patrick Griffith - National Association of Clean Water Agencies 

Jack Linard – Unilever 

Hugh Flack- Wacker Chemical Corporation 

Raymond Hiley – Momentive MPM Silicones 

Lisa M. DuMars – Momentive MPM Silicones 

Nureco Subrea- Shin-Etsu Silicones of America Inc. 

Observers:

Pat Rizzuto- Bureau of National Affairs Rebecca Grey- Gibson Dunn 

Elizabeth Grossman- Chemical Watch 

Trent Doyle- Keller Heckman 

Jean Browning- Affiliation unknown, Did not announce on call.

Pam Vail- Affiliation unknown, Did not announce on call.

1. Introduction (Ward Penberthy [EPA]) 

 Progress has been made in drafting an enforceable consent agreement since the 

previous public meeting on March 28th. 

 During the March meeting EPA indicated it would form a smaller group to draft the 

ECA. EPA expected it would take several weeks, though in actuality it has taken 

several months. 

2. Enforceable Consent Agreement (ECA) Progress to Date, Explanation of the 

Current ECA Draft (Ward Penberthy [EPA]) 

 A copy of the ECA was distributed prior to meeting (and is available in the EPA 

docket: EPA-HQ-OPPT-2012-0209-0001) 

 Significant progress has been made in drafting the monitoring program section of 

the ECA with specific emphasis on the legal and administrative aspects of the 

program 

 There still remain several technical issues which need to be addressed by the 

drafting group. 

 Ward Penberthy addressed specific items in the ECA: 
o Page 5: (highlighted section) Vestige of ECAs that address toxicity 

concerns 

o Page 7: (highlighted section) POTWs to be monitored. Specify as to what 

is intended 

o Page 7: VIII Standards for Conducting Testing to be specified for sample 

collection and data analysis- SEHSC will be sending these shortly. 

o There is some concern on SEHSC’s part that field sampling and handling 

may be challenged with regard to GLP requirements. 

o Page 8: Discuss and further clarify detection limits. (Should not be 

difficult to resolve) 

o Page 13-14,16: Need to add names and addresses for parties 

o Appendices: a number of technical issues- Language about where surface 

samples should be taken, how far down-stream, details about biota 

monitoring and test standards. It is hopeful that the drafting group can 

work these issues out in the future in the upcoming drafting session. 

3. Next Steps 

 Have the good beginnings to complete the document finished. 

 Interested parties and observers were notified to contact either Mark Seltzer (202-564-

2901, Seltzer.mark@epa.gov) or Ward Penberthy (202-564-8171, 

Penberthy.ward@epa.gov) if they are interested in participating in the August 21st all 

day meeting. 

 Expect to receive test protocols and other supporting materials from SEHSC prior to this 

meeting 

 After the August 21 meeting there will be a 30 day comment period for Interested Parties.