Page 1 700 2nd Street NE, Washington, DC 20002 | (202) 249. 7000 Via CDX and electronic mail

July 23, 2014

Mr. Jim Jones

Assistant Administrator Office of Chemical Safety and Pollution Prevention USEPA Headquarters 1200 Pennsylvania Avenue, N.W.

Mail Code: 7101M Washington, DC 20460

Re: Follow up to July 15, 2 014 Meeting Testing Consent Order for Octamethylcyclotetrasiloxane (D4) CASRN: 556

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40 C.F.R. 799.5000

EPA

- HQ

- OPPT

- 2012

- 0209

Dear Mr. Jones:

This letter follows on the July 15, 2014 meeting between the Silicones Environmental, Health and Safety

Ce nter (SEHSC) and representatives of the Signatory Companies to the Enforceable Consent Agreement for Environmental Testing for Octamethylcyclotetrasiloxane (D4) CASRN: 556

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- 2 (ECA) and the U.S. Environmental Protection Agency (EPA or Agency) regarding t he D4 Environmental Monitoring Program.

As you are aware, on June 27, 2014, SEHSC submitted a letter to EPA requesting that the deadline for submission of the draft Study Plan for the ECA be extended to April 2, 2015 . As noted in the letter and

discuss ed in detail during the July 15, 2014 meeting (Meeting), the process of identifying qualified wastewater treatment plant (WWTP) locations and securing their written agreement to participate in the Testing Program is taking significantly longer than contemp lated by the timing set out in the ECA. Data and other information regarding the length of time it has been taking to secure sites, which served to inform the proposed extension date, were presented and discussed during the Meeting.

The purpose of this letter is to reiterate SEHSC ’ s request for an extension and to summarize key points from the Meeting.

With respect to the extension request :

· T he Signatory Companies are committed to submitting the portion s of the Study Plan addressing sampling at the four direct discharge sites descri bed in Appendix 1 to the ECA ( i.e. , detailed Sampling Plans for each site) by August 2, 2014 and the corresponding Quality Assurance Project Plan (QAPP) to EPA by October 1, 2014 , consistent with the due dates prescribed in thePage 2 700 2nd Street NE, Washington, DC 20002 | (202) 249. 7000 existing ECA. It is underst ood that the deadline for those submissions would not be impacted by the requested extension.

· For the ten WWTP locations described in Appendices 2 and 3 of the ECA, the portion s of the Study Plan addressing those sites ( i.e. , detailed Sampling Plans for e ach site), as well as any

necessary addendum to the QAPP, would be submitted to EPA no later than April 2, 2015 under the proposed extension

.

In addition to the above two items that pertain directly to the extension request and ECA modification, the parties discussed opportunities to collaborate to facilitate the completion of the Testing Program. Specific activities discussed included: (1) EPA letter to candidate WWTP sites explaining Testing Program and encouraging participation; (2) EPA letter or certificate acknowledging WWTP sites participation in Testing Program; and (3) EPA participation in conference call or web

- conference with candidate WWTP sites to address questions/concerns about Testing Program. It was also noted that outreach to state water control offices to solicit support for encouraging WWTP site participation could prove benefici al. SEHSC and its contractors will continue to work as quickly as possible to identify, vet, and secure the cooperation of qualified WWTPs for the Testing Program.

Finally, based on our present understanding of when targeted sampling conditions will likely exist at the WWTP locations ( e.g. , low flow, acceptable weather/access, etc. ), the proposed extension in the submission date of the Study Plan for the ten WWTP locations should not prevent the overall Testing Program from being completed in approxim ately the same timeframe as provided for under the current ECA. More specifically, under both the existing ECA and with the proposed extension, it is anticipated that all field sampling ( i.e. , both sampling events required by the ECA) would be completed b y the end of Fall 2015 as sampling during winter months would likely not be realistic at many sites. Actual timing will, of course, depend on numerous factors, such as weather, operating conditions and Agency approval of Study Plan and QAPP submissions, w hich are beyond the control of SEHSC or the Signatory Companies.

We trust that this letter accurately reflects the Agency ’ s understanding of the meeting. Should you have any questions or desire further inform ation, please do not hesitate to contact me. We look forward to the Agency ’ s approval of our request to submit the Study Plan ( i.e. , those portions pertaining to the ten WWTP locations described in Appendices 2 and 3 of the ECA) and any corresponding

Adde ndum to the QAPP by April 2, 2015.

Sincerely,

Karluss Thomas Sr. Director, SEHSC

cc: Paul Lewis (EPA) Heather Njo (EPA) D4 ECA Signatory Companies SEHSC Legal Counsel