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Via Electronic Mail

August 1, 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 23, 2014 Letter

Enforceable Consent Agreement for Octamethylcyclotetrasiloxane (D4) CASRN: 556-67-2

40 C.F.R. 799.5000

EPA-HQ-OPPT-2012-0209

Dear Mr. Jones:

On behalf of the D4 ECA Signatory Companies, this letter follows the July 23, 2014 letter from the 

Silicones Environmental, Health and Safety Center (SEHSC) to the U.S. Environmental Protection 

Agency (EPA or Agency) regarding the July 15, 2014 meeting between 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 EPA concerning the D4 

Environmental Monitoring Program. Because we have not yet received EPA approval of our request for 

an extension in the due date for submission of a complete Study Plan, the purpose of this letter is to 

formally advise the Agency that despite good faith effort, to date, the Signatory Companies have been 

unable to secure the cooperation of the ten wastewater treatment plant (WWTP) locations for sampling, 

as required Appendices 2 and 3 of the ECA, and, as a result, a complete Study Plan will not be 

submitted by the August 2, 2014 deadline prescribed in paragraph IX.A of the ECA. Although the 

Signatory Companies intend to continue efforts to identify and secure the participation of qualified WWTP 

locations, pursuant to paragraph XVI of the ECA, they shall not be held liable for their inability to submit a 

complete Study Plan or to complete all testing on the schedule set out in the original ECA. 

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 and the considerable efforts expended to attempt to 

secure sufficient participation from these unrelated third parties were presented and discussed during the 

Meeting. 

In addition to environmental testing at four D4 Direct Discharge Sites, the ECA requires sampling at an 

additional ten third party sites— five Appendix 2 Indirect Discharge Sites and five “Primarily Non-
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Industrial Wastewater Treatment Plants.” As described during the meeting, Signatory Companies, 

through SEHSC and their ECA contractor, have made initial contact to 125 WWTPs. Follow up contact 

has been made to personnel at WWTPs who have responded to the initial contact. Follow up contact 

has also been made to potentially qualifying WWTPs who have not yet responded to the ECA contractor. 

To date, Signatory Companies have secured agreements from three WWTPs that are expected to meet 

the requirements for “Primarily Non-Industrial Wastewater Treatment Plants” and one WWTP that is 

expected to meet the requirements for “Appendix 2” Indirect Discharge Sites. Despite these extensive 

efforts, we have not secured participation from the required ten WWTPs. 

The Signatory Companies have asked the Agency to collaborate with SEHSC and the ECA contractor in 

our efforts to secure the requisite number of WWTP participants. While these efforts are ongoing, 

[including agreed enhanced communication from EPA to candidate WWTP sites], Signatory Companies 

have concluded that good faith efforts have not yielded sufficient participants. 

Paragraph XVI of the ECA provides: 

The Signatory Companies shall make a good faith effort to secure the cooperation of third 

parties (such as WWTP operators) as needed to complete the Testing Program under this 

ECA. However, the Signatory Companies are not responsible for the actions of third 

parties and shall not be held liable for any inability to secure needed cooperation and/or 

permission to conduct the environmental testing specified under this ECA at locations 

owned, operated, and/or controlled by non-parties to this ECA.

Therefore, as noted above, the Signatory Companies approve this letter and hereby inform EPA that, 

despite our good faith efforts, we have not secured sufficient participation from third parties, and are not 

to be held liable for submitting a Study Plan that does not contain detailed Sampling Plans for ten thirdparty WWTPs or for not completing all of the testing prescribed by the ECA on the schedule set out in the 

original ECA. As previously discussed, at this point, the Signatory Companies are willing to move 

forward with the Testing Program for the four direct discharge sites and to continue efforts to secure the 

participation of third-party WWTPs. However, we have requested that EPA extend the deadline for 

submission of the portions of the Study Plan addressing the ten third-party WWTPs until April 2, 2015. 

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

cc: Paul Lewis (EPA)

Heather Njo (EPA)