Page 1 700 2nd Street NE, Washington, DC 20002 | (202) 249. 7000 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 Lette r Enforceable Consent Agreement for Octamethylcyclotetrasiloxane (D4) CASRN: 556

- 67

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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 Environme ntal Testing for Octamethylcyclotetrasiloxane (D4) CASRN: 556

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- 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 com plete 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,

a s 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 sec ure 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 test ing 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

-Page 2 700 2nd Street NE, Washington, DC 20002 | (202) 249. 7000 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 WWT Ps 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 co ntractor 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 y ielded 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. Ho wever, 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

own ed, 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 third

party WWTPs or for not completing all of the testing prescribed by the ECA on the schedule set out in the original ECA. As previously di scussed, 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 t he 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 ap proval 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)