Page 1 700 2nd Street NE, Washington, DC 20002 | (202) 249.7000

Via Electronic Mail

June 27, 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: Proposed Modification to Schedule to Submit Study Plan

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

40 C.F.R. 799.5000; EPA-HQ-OPPT-2012-0209

Dear Mr. Jones:

The Silicones Environmental, Health and Safety Center (SEHSC), in its role as Principal Test Sponsor 

for the Signatory Companies to the Enforceable Consent Agreement for Environmental Testing for 

Octamethylcyclotetrasiloxane (D4) CASRN: 556-67-2 (ECA), is submitting this request for modification 

in the schedule for delivery of the Study Plan to the U.S. Environmental Protection Agency (EPA or 

Agency) for the Testing Program set out in the ECA. This follows on my recent discussions with Paul 

Lewis. In particular, SEHSC is requesting that the deadline for submission of the draft Study Plan be 

extended to April 2, 2015.1 Although SEHSC, the Signatory Companies and their contractors are and 

have been working diligently to meet the existing August 2, 2014 deadline, additional time will be 

required to secure the cooperation of the requisite number of qualified wastewater treatment plant 

(WWTP) locations to participate in the Testing Program. 

Appendices 2 and 3 of the ECA state that “[p]rior to including a specific location in the Study Plan, the 

Signatory Companies shall secure, as necessary and appropriate, a letter of cooperation/access from the 

person with control of the location. These letters will be included in the Study Plan.” The dual tasks of 

identifying, and of obtaining a signed letter of cooperation from WWTP locations that meet the eligibility 

criteria specified in the ECA is proving quite challenging. It has been very difficult to identify WWTPs that 

meet all of the criteria: they receive effluent from D4 processing sites; use only activated sludge but no 

other tertiary treatment besides secondary clarification or disinfectant (unless agreed to by EPA); meet 

all other criteria specified in Appendix 2; and are also willing to participate in the Testing Program. Thus 

far, when we have successfully identified a qualified site, the owners/operators of the WWTPs have often 

 1 SEHSC provides this written request for a modification of the schedule in accordance with Section IX of the ECA and 40 

C.F.R. § 790.68. Section IX.A of the ECA specifies that a Study Plan prepared pursuant to the ECA must be submitted within 

120 days of the effective date of the ECA and at least 45 days prior to the initiation of testing. The effective date of the ECA is 

April 4, 2014, which means the Study Plan is due to EPA August 2, 2014. With the proposed modification, the due date would 

be extended by 8 months to April 2, 2015. The proposed extension is based on the amount of time it has been taking to 

identify and secure in writing the cooperation of the third party wastewater treatment plant locations that meet the criteria

specified in Appendices 2 and 3 of the ECA. 
Page 2 700 2nd Street NE, Washington, DC 20002 | (202) 249.7000

declined to participate in the Testing Program. Further, based on informal vetting of candidate sites with 

EPA, the Agency, to date, has expressed an unwillingness to accept any sites with tertiary treatment 

other than disinfection. 

Notwithstanding these challenges, aggressive efforts are continuing to identify qualifying WWTPs that 

are willing to participate in the Testing Program. However, given the progress to date and the need to 

negotiate access agreements/letters of cooperation with the owner/operators of the WWTPs, meeting the 

August 2nd deadline for Study Plan submission will be impossible absent a dramatic change in affairs. 

We are moving forward with the preparation of the Study Plan, including detailed Sampling Plans, for the 

four direct discharge sites specified in Appendix 1 of the ECA. Importantly, for the ten WWTPs locations 

described in Appendices 2 and 3 of the ECA, it is not practical or, with respect to certain information, 

even possible to prepare the detailed Sampling Plans required to be included for each site in the Study 

Plan until they have agreed to participate in the Testing Program. 

SEHSC has been communicating regularly with Paul Lewis and Heather Njo at the EPA to keep the 

Agency informed of progress and challenges in carrying out the Testing Program. A face-to-face 

meeting has been scheduled with EPA staff on July 15th to discuss in greater detail the Testing Program 

challenges and opportunities to facilitate the development of the Study Plan and Quality Assurance 

Project Plan (QAPP). We are optimistic that this meeting may lead to progress in identifying and 

securing the cooperation of WWTPs so that the referenced documents can be completed. In the 

meantime, we are submitting this letter to provide the Agency with formal, written notice of the extension 

request. 

Should you have any questions or desire further information, please do not hesitate to contact me. We 

look forward to continuing to work with your staff to effectively implement the ECA and achieve the goals 

of the Testing Program. 

Sincerely,

Karluss Thomas

Sr. Director

cc: Paul Lewis (EPA)

Heather Njo (EPA)