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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, 2014 Meeting

Testing Consent Order for Octamethylcyclotetrasiloxane (D4) CASRN: 556-67-2

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 

Center (SEHSC) and representatives of the Signatory Companies to the Enforceable Consent 

Agreement for Environmental Testing for Octamethylcyclotetrasiloxane (D4) CASRN: 556-67-2 (ECA) 

and the U.S. Environmental Protection Agency (EPA or Agency) regarding the 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 

discussed 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 contemplated 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:

· The Signatory Companies are committed to submitting the portions of the Study Plan addressing 

sampling at the four direct discharge sites described 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 the 
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existing ECA. It is understood 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 portions of the 

Study Plan addressing those sites (i.e., detailed Sampling Plans for each 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 beneficial. 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 approximately 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 by 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, which 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 information, 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 

Addendum 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