Attachment 1 

PROPOSED TERMS OF ENFORCEABLE CONSENT 

AGREEMENT FOR D4/D5 ENVIRONMENTAL MONITORING 

PROGRAM 
 

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Table of Contents 

I. INTRODUCTION ...................................................................................... 1

II. SUBSTANCES TO BE MONITORED .......................................................... 1

III. PURPOSE AND SCOPE ........................................................................... 1

IV. PARTICIPATING COMPANIES ................................................................. 1

V. COORDINATING SPONSOR .................................................................... 1

VI. EFFECTIVE DATE AND TERM .................................................................. 2

VII. OBLIGATIONS OF THE SIGNATORY COMPANIES .................................... 2

VIII. DESCRIPTION OF MONITORING PROGRAM ............................................ 3

IX. STANDARDS FOR DEVELOPMENT OF DATA ........................................... 3

X. SCHEDULE AND DELIVERABLES ............................................................ 4

XI. CONFIDENTIALITY .................................................................................. 5

XII. PUBLICATION AND DISCLOSURE OF MONITORING RESULTS ................ 6

XIII. STUDY PLAN MODIFICATIONS ................................................................ 6

XIV. MODIFICATIONS TO THE ECA ................................................................. 6

XV. FAILURE TO COMPLY WITH ECA ............................................................. 6

XVI. SEVERABILITY ........................................................................................ 6

XVII. EPA MONITORING .................................................................................. 7

XVIII. FINAL AGENCY ACTION .......................................................................... 7

XIX. RESPONSIBILITY FOR THE ACTIONS OF UNRELATED THIRD 

PARTIES ................................................................................................. 7

XX. FORCE MAJEURE ................................................................................... 7

XXI. DISPUTE RESOLUTION ........................................................................... 8

XXII. WAIVER AND RESERVATION OF RIGHTS ................................................ 8
 

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XXIII. SIGNATURES .......................................................................................... 9

 APPENDICES 

 
 

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I. INTRODUCTION 

A. Under the authority of section 4 of the Toxic Substances Control Act 

(TSCA), 15 U.S.C. § 2603, and 40 C.F.R. Part 790 of the Agency’s implementing 

regulations, the United States Environmental Protection Agency [hereinafter 

“EPA”] and {participating companies} [hereinafter individually a “Company” and 

collectively “the Companies”] enter into this Enforceable Consent Agreement for 

certain Environmental Monitoring [hereinafter “this ECA”]. As used in this ECA, 

the term “Parties” shall refer jointly to EPA and the Companies, and the term 

“Party” shall refer individually to one or the other. 

II. SUBSTANCES TO BE MONITORED 

A. Octamethylcyclotetrasiloxane, CASRN 556-67-2 [hereinafter 

referred to as “D4”], and 

B. Decamethylcyclopentasiloxane, CASRN 541-02-6 [hereinafter 

referred to as “D5”]. 

III. PURPOSE AND SCOPE 

A. This ECA provides for an Environmental Monitoring Program (the 

“Program”) to provide data relevant to: 

1. the presence and concentration of D4 and D5 in the 

environment, and 

2. sources of and pathways to the environmental concentrations 

of D4 and D5. 

IV. PARTICIPATING COMPANIES 

A. {Company names and addresses} 

V. COORDINATING SPONSOR 

A. To facilitate implementation of the Program, the Companies will 

appoint a Coordinating Sponsor. 

B. The Companies propose to designate the Silicones Environmental, 

Health and Safety Council of North America, Inc., 2325 Dulles Corner Blvd., 

Suite 500, Herndon, VA 20171 (703) 788-6535 to serve as the Coordinating 

Sponsor of this Program. 

C. The Companies will provide EPA with written notice signed by all of 

the Companies should they elect to substitute a different Coordinating Sponsor. 
 

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VI. EFFECTIVE DATE AND TERM 

A. Effective Date. This ECA takes effect on the date of publication of 

the notice (and Order) in the Federal Register announcing the availability of the 

ECA and codifying a reference to the substances and the Program in subpart C 

of 40 C.F.R. part 799, which shall follow final approval and signature of the ECA 

by the Parties. 

B. Term. Obligations of the Companies under this ECA, other than 

record retention obligations under 40 C.F.R. § 792.15, as applicable, will cease 

when any one of the following occurs: 

1. The Companies have provided EPA with all of the deliverables 

specified for the Program. 

2. A court determines that one or more provisions of this ECA 

are unenforceable as described in 40 C.F.R. 790.60(a)(14). 

3. Non-performance is excused due to Force Majeure as 

described in Section XX. 

VII. OBLIGATIONS OF THE SIGNATORY COMPANIES 

The Companies are responsible for complying with the terms of this ECA 

as specified herein. 

A. Manufacturing, Processing, Formulating Facility (“MPF”) Monitoring 

1. The Companies shall submit a MPF Environmental Monitoring 

Study Plan and Quality Assurance Project Plan (“QAPP”) to carry out the 

environmental monitoring program set forth in Section VIII.A and Appendix 1. 

2. The Companies shall conduct MPF environmental monitoring 

in accordance with the Final MPF Environmental Monitoring Study Plan and the 

QAPP. 

3. Following completion of MPF environmental monitoring, the 

Companies shall submit a MPF Environmental Monitoring Report to EPA. 

B. Municipal Waste Water Treatment Plant (“WWTP”) Monitoring 

1. The Companies shall submit a Municipal WWTP 

Environmental Monitoring Study Plan and QAPP to carry out the environmental 

monitoring program set forth in Section VIII.B and Appendix 2. 

2. The Companies shall conduct Municipal WWTP environmental 

monitoring in accordance with the Final Municipal WWTP Environmental 

Monitoring Study Plan and the QAPP. 
 

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3. Following completion of Municipal WWTP environmental 

monitoring, the Companies shall submit a Municipal WWTP Environmental 

Monitoring Report to EPA. 

VIII. DESCRIPTION OF MONITORING PROGRAM 

A. As described further in Appendix 1 to this ECA, MPF environmental 

monitoring will be conducted at four (4) MPF locations that correspond to direct 

discharge MPF sites owned/operated by certain Signatory Companies. At each 

of the designated locations, there will be 2 sampling events involving the 

collection and analysis for D4 and D5 in effluent at the MPF’s site’s outfall and in 

sediment, surface water, and biota (benthic and fish species) in the receiving 

waters. Following completion of sampling and laboratory analysis, the 

Companies will provide EPA with a report summarizing the results of MPF 

environmental monitoring. 

B. As described further in Appendix 2 to this ECA, Municipal WWTP 

environmental monitoring will be conducted at five (5) locations that correspond 

to Municipal WWTPs meeting certain specified criteria. At each of the selected 

locations, there will be 2 sampling events involving the collection and analysis 

for D4 and D5 of the following: WWTP influent, effluent, and biosolids; and 

surface water, sediment, and biota in the receiving waters. Air monitoring will 

also be conducted during one sampling event at one of the locations. Following 

completion of this monitoring, the Companies will provide EPA with a report 

summarizing the results of the Municipal WWTP environmental monitoring. 

IX. STANDARDS FOR DEVELOPMENT OF DATA 

A. The environmental monitoring shall be conducted in accordance 

with the Test Standards described in Appendix 3 to this ECA. 

1. Certain provisions of these Test Standards are considered to 

be mandatory and are referred to as “requirements.” These requirements are 

identified by the use of the words “shall,” “will,” or “must” in the text of the Test 

Standard and delineate a test requirement to be followed or met. 

2. Provisions that are not mandatory, and are therefore only 

recommended, are identified by the use of “should” statements. If such “should” 

provisions are not followed, the Companies will not be deemed by EPA to be in 

violation and will not be subject to penalties or other enforcement actions. In 

such cases, EPA will use its professional judgment to determine the scientific 

adequacy of the testing/monitoring results and any repeat testing/monitoring 

that is determined by EPA to be necessary will be required either under a 

separate enforceable consent agreement or pursuant to a rule promulgated 

under Section 4(a) of TSCA, 15 U.S.C. § 2603(a). 
 

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B. The Companies and EPA will consult in good faith to consider the 

need for Test Standard modifications if either EPA or the Companies desire such 

modifications. Modifications to the Test Standards, if any, will be governed by 

40 C.F.R. § 790.68. 

C. All testing required by this ECA shall be in accordance with the EPA 

Good Laboratory Practice (GLP) Standards found at 40 C.F.R. Part 792, except 

as described in the Environmental Monitoring Study Plans and/or Appendix 3. 

X. SCHEDULE AND DELIVERABLES 

A. Interim Progress Reports: The Companies will submit Interim 

Progress Reports to EPA informing the Agency of the progress of the Program. 

The initial Interim Progress Report is due six (6) months from the Effective Date 

specified in Section VI.A. of this ECA and every six (6) months thereafter until 

the Companies have fulfilled all obligations under Section VII of this ECA. 

Interim Progress Reports shall include a summary of work completed to date, 

any proposed changes in protocols or schedule, and any other matters affecting 

progress of testing/monitoring. Note: No further reporting is required of the 

Companies to satisfy any potential reporting obligations that might arise under 

section 8(e) of TSCA with respect to the data being generated under this 

Program provided the Interim Progress Reports and the Reports required under 

Section X.C. of this ECA are submitted to the Agency in a timely fashion in 

accordance with the schedule established in the ECA. 

B. Study Plans 

1. MPF Monitoring. The Companies shall submit a MPF 

Environmental Monitoring Study Plan that meets the requirements of 40 C.F.R. §

790.62 and a QAPP to EPA within 180 days of the Effective Date of this ECA and 

at least 45 days prior to the initiation of monitoring. The QAPP must be prepared 

in accordance with EPA guidance that appears in EPA QA/R-5: EPA 

Requirements for Quality Assurance Project Plans, prepared by: Office of 

Environmental Information, EPA (March 2001) - http://www.epa.gov/quality/qsdocs/r5-final.pdf. EPA shall approve the MPF Environmental Monitoring Study 

Plan if it meets the requirements of this ECA and 40 C.F.R. § 790.62(b). The MPF 

Environmental Monitoring Study Plan shall become the “Final MPF 

Environmental Monitoring Study Plan” when approved by EPA. 
 

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2. Municipal WWTP Monitoring. The Companies shall submit a 

Municipal WWTP Environmental Monitoring Study Plan to EPA and QAPP within 

180 days of the Effective Date of this ECA and at least 45 days prior to the 

initiation of monitoring. The QAPP must be prepared in accordance with EPA 

guidance that appears in EPA QA/R-5: EPA Requirements for Quality Assurance 

Project Plans, prepared by: Office of Environmental Information, EPA (March 

2001) - http://www.epa.gov/quality/qs-docs/r5-final.pdf. EPA shall approve the 

Municipal WWTP Environmental Monitoring Study Plan if it meets the 

requirements of this ECA and 40 C.F.R. § 790.62(b). The Municipal WWTP 

Environmental Monitoring Study Plan shall become the “Final Municipal WWTP 

Environmental Monitoring Study Plan” when approved by EPA. 

C. Reports 

1. MPF Monitoring. No later than 180 days following completion 

of the MPF Environmental Monitoring (i.e., collection and analysis of the 

monitoring data), the Companies shall submit to EPA a MPF Environmental 

Monitoring Report. This Report shall include a description of monitoring 

performed, summary of results, raw data, laboratory analyses, and quality 

assurance/quality control information, as appropriate. 

2. Municipal WWTP Monitoring. No later than 180 days following 

completion of the Municipal WWTP Environmental Monitoring (i.e., collection and 

analysis of the monitoring data), the Companies shall submit to EPA a Municipal 

WWTP Environmental Monitoring Report. This Report shall include a description 

of monitoring performed, summary of results, raw data, laboratory analyses, 

and quality assurance/quality control information, as appropriate. 

XI. CONFIDENTIALITY 

A. Any document submitted to EPA that contains data or information 

for which a Signatory Company makes a claim of confidentiality shall be 

submitted as two separate versions. One version (CBI version) shall be 

complete, with the information being claimed as confidential marked in the 

manner described under 40 C.F.R. § 790.7. The other, public version shall be 

identical in all respects except that all of the information claimed as confidential 

shall be redacted. EPA will place only the public version in the Agency’s docket. 

The complete version will be treated in accordance with EPA confidentiality 

regulations in 40 C.F.R. part 2 and 40 C.F.R. § 790.7. Data or other information 

that are considered to be CBI must not be submitted electronically to EPA by email. Any part or all of data or other information claimed as CBI must be so 

marked. If the CBI submission is on diskette or CD ROM, the outside of the 

diskette or CD ROM shall be marked as CBI and the specific information that is 

CBI shall be identified electronically within the diskette or CD ROM. 
 

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B. EPA shall not disclose information marked as CBI except in 

accordance with procedures set forth in 40 C.F.R. part 2. Any claims of 

confidentiality for information submitted under this Program shall be made 

under the terms of 40 C.F.R. § 790.7. Information claimed as confidential shall 

be treated in accordance with the procedures in 40 C.F.R. part 2 and with 

section 14 of TSCA, 15 U.S.C. § 2613. If no claim of confidentiality is made by 

the submitter of the information at the time of submission, the information will be 

deemed by EPA, in accordance with 40 C.F.R. § 790.7, to be public, and may be 

made available to the public without further notice to the submitter. 

XII. PUBLICATION AND DISCLOSURE OF MONITORING RESULTS 

A. All results of monitoring conducted pursuant to this ECA shall be 

announced to the public by EPA in accordance with procedures specified in 

Section 4(d) of TSCA, 15 U.S.C. 2603(d). 

B. Disclosure by EPA of data generated pursuant to this ECA to the 

public or other government agencies shall be governed by section 14(b) of 

TSCA, 15 U.S.C. § 2613(b), and 40 C.F.R. Part 2. 

XIII. STUDY PLAN MODIFICATIONS 

Modifications to any Study Plan under this ECA shall be governed by the 

procedures of 40 C.F.R. § 790.62(c) except that the fifteen (15)-day time periods 

in 40 C.F.R. § 790.62(c)(2) and (3) shall be thirty (30)-day time periods. 

XIV. MODIFICATIONS TO THE ECA 

Unless otherwise specified herein, any modifications to this ECA shall be 

made in accordance with the modification procedures contained in 40 C.F.R. § 

790.68. 

XV. FAILURE TO COMPLY WITH ECA 

The Companies acknowledge that, as specified in 40 C.F.R. § 790.65, a 

violation of this ECA shall constitute a “prohibited act” under section 15(1) of 

TSCA, 15 U.S.C. § 2614(1) and shall trigger all provisions applicable to a 

violation of section 15. The Companies further acknowledge that 40 C.F.R. § 

790.65 provides additional information regarding the implications of failing to 

comply with an enforceable consent agreement. 

XVI. SEVERABILITY 

In the event that one or more provisions of this ECA are determined by a 

court decision to be unenforceable, the remaining provisions of this ECA will not 

be presumed to be valid, and EPA will either initiate a rulemaking proceeding to 

require testing or publish in the Federal Register the reason for not initiating 

such a proceeding. 
 

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XVII. EPA MONITORING 

EPA may conduct laboratory inspections and/or study audits of the 

testing/monitoring under this ECA in accordance with the authority and 

procedures in Section 11 of TSCA, 15 U.S.C. § 2610. 

XVIII. FINAL AGENCY ACTION 

For purposes of 5 U.S.C. § 704, publication of the Federal Register notice 

announcing the issuance of the Order incorporating this ECA constitutes final 

agency action. 

XIX. RESPONSIBILITY FOR THE ACTIONS OF UNRELATED THIRD PARTIES 

A. The Companies will make every effort to secure the cooperation of 

third parties as needed to complete the Program under this ECA, however the 

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 monitoring specified under this ECA at locations 

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

XX. FORCE MAJEURE 

A. For purposes of this ECA, a Force Majeure Event is defined as any 

event arising from causes beyond the control of the Companies, or of any entity 

controlled by the Companies, including but not limited to its contractors and 

subcontractors, which delays or prevents performance of any obligation under 

this ECA despite the Companies’ good faith efforts to fulfill the obligation. 

B. Consequences 

1. Notwithstanding any other provision of this ECA the 

Companies shall not be deemed to be in violation of this ECA if performance of 

any obligation under the ECA is delayed or prevented by a Force Majeure Event. 

C. Process 

1. If a Force Majeure Event occurs that causes or may cause the 

Companies to be unable to fulfill an obligation or obligations under this ECA, the 

Companies shall notify EPA in writing within fifteen (15) business days after 

becoming aware of such event. The notice shall describe the precise nature of 

the event, affected obligation(s), measures taken by the Companies to minimize 

or avoid the event, good faith efforts to satisfy obligations, and anticipated 

duration of the event. 

2. EPA shall respond in writing within fifteen (15) business days 

of receipt of a notice from the Companies indicating its assent or dissent that the 

event constitutes a Force Majeure Event and the reasons therefore. 
 

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3. If the Parties agree that a Force Majeure Event has occurred, 

the time for performing the affected obligation(s) shall be extended or the 

obligation(s) eliminated, as mutually agreed upon by the Parties. 

4. If the Parties disagree as to whether a Force Majeure Event 

has occurred or to the appropriate remedy for such an event, then the 

Companies may submit the matter for resolution as set out in Section XXI 

provided a Notice of Dispute is submitted to EPA within fifteen (15) business 

days receipt of (1) EPA’s written decision denying the existence of a Force 

Majeure Event or (2) EPA’s written offer concerning a proposed remedy. During 

the pendency of the dispute resolution process, the Companies shall not be 

deemed to be in violation of this ECA with respect to the obligations at issue. 

XXI. DISPUTE RESOLUTION 

A. The Parties shall use their best efforts informally and in good faith to 

resolve any disputes which may arise concerning the interpretation or 

application of the provisions of this ECA. A dispute shall be considered to have 

arisen when either Party sends to the other a written Notice of Dispute. Such 

Notice of Dispute shall clearly state the matter in dispute. 

B. The period of informal negotiations regarding a matter in dispute 

(i.e., Period of Dispute) shall not exceed 21 business days from the date of the 

Notice of Dispute, unless this period is modified by written agreement of both 

Parties. If the Parties are unable to resolve a dispute through informal 

negotiations, then the position advanced by EPA shall be considered binding 

unless within fifteen (15) business days after the Period of Dispute concludes, 

the Companies serve EPA with a Request for Mediation. 

C. In the event that the Companies request mediation in accordance 

with section XXI.B, the Parties agree to try in good faith to settle the dispute by 

mediation administered by the American Arbitration Association (or mediator 

appointed by EPA’s Conflict Prevention and Resolution Center) before resorting 

to litigation or some other dispute resolution procedure, including, in the case of 

the EPA, prior to initiating an enforcement action. The mediation process shall 

be completed within sixty (60) days. 

1. During the pendency of the dispute resolution process, the 

Companies shall not be deemed to be in violation of this ECA with respect to the 

obligations identified in the Notice of Dispute. 

XXII. WAIVER AND RESERVATION OF RIGHTS 
 

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A. By signing this ECA, the Companies waive their right to challenge 

EPA’s authority to assess penalties for violations of this ECA. This waiver does 

not affect any other rights that the Companies may have under TSCA with 

respect to this ECA or to D4 or D5 monitoring or testing beyond this ECA, 

including, but not limited to: 

1. the right to contest factually whether a violation of this ECA 

has occurred, 

2. the right to contest the amount of any penalty assessed for 

alleged violations of this ECA, and 

3. the right to seek judicial review of any administrative 

enforcement decision pertaining to this ECA or of any EPA rule that imposes 

requirements to test or monitoring for D4 or D5. 

B. By signing this ECA, the Companies are not admitting that section 4 

of TSCA provides EPA with authority to promulgate a test rule requiring the 

generation of the data and information that the Companies will provide through 

this ECA. Moreover, the Companies are not admitting that the requirements of 

section 4 of TSCA for promulgating a test rule to generate the data and 

information required by this ECA have been satisfied. 

XXIII. SIGNATURES 
 

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APPENDIX 1 

MPF Environmental Monitoring 
 

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Appendix 1 – MPF Environmental Monitoring 

Overview – Effluent, surface water, sediment, and biota sampling and analysis 

will be conducted for D4 and D5 at select locations that correspond to certain 

targeted D4/D5 MPF sites. 

Site Selection 

- Correspond to four (4) D4/D5 MPF sites owned/operated by Signatory 

Companies that directly discharge process waste water into the 

environment. 

- Represent two manufacturing, two processing, and three formulating sites 

(certain sites engage in multiple MPF activities). Prior to including a specific 

sampling location (e.g., receiving water) in the MPF Environmental 

Monitoring Study Plan, the Companies shall secure, as necessary and 

appropriate, a letter of cooperation/access from the party with 

ownership/control of the location. 

Monitoring Locations 

1) Dow Corning Carrollton Plant 

4770 Highway 42 East 

Carrollton, KY 41008 

Site Characteristics: 

- D4/D5 manufacturer and formulator 

- on-site wastewater treatment: collection, equalization, neutralization, air 

stripping, clarification, biological 

- discharges into Ohio River 

2) Momentive Waterford Plant 

 260 Hudson River Road 

 Waterford, NY 12188 

Site Characteristics: 

- D4/D5 manufacturer, processor, and formulator 

- on-site wastewater treatment: primary and secondary (biological) 

- discharges into Hudson River 

3) Momentive Sistersville Plant 

 3500 S. State Route 2 

 Friendly, WV 26146 

Site Characteristics: 

- D4/D5 processor 

- on-site wastewater treatment: primary and secondary (biological) 

- discharges into Ohio River 
 

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4) Wacker Adrian Plant 

 3301 Sutton Road 

 Adrian, MI 49221 

Site Characteristics: 

- D4/D5 processor and formulator 

- on-site wastewater treatment: collection, equalization, neutralization, 

dissolved air flotation, sand filtration 

- discharges into River Raisin 

Monitoring Parameters 

- D4 and D5 in effluent at each MPF facility’s outfall 

- D4 and D5 in surface water of receiving water body 

- D4 and D5 in surface sediment of receiving water body 

- D4 and D5 in benthic organism collected in sediment of receiving water body 

- D4 and D5 in marker fish collected in receiving water body 

Monitoring Approach 

- A detailed Sampling Plan will be prepared for each site and included as part 

of the MPF Environmental Monitoring Study Plan which will be submitted to 

EPA at least 45 days prior to the initiation of monitoring (and within 180 days 

of the Effective Date of this ECA). The Sampling Plans shall include (with 

appropriate reference to Test Standards and/or QAPP): 

o map and detailed description of monitoring locations 

o sampling grids 

o timing/schedule 

o sampling protocols 

o quality assurance/quality control 

o access requirements 

- The MPF Environmental Monitoring Study Plan will provide for the training of 

sample collection personnel in sampling protocols and the special handling 

requirements associated with D4/D5. In addition, the Study Plan will provide 

for the qualifying of contract laboratory vendor(s) and method validation for 

all matrices. 

- Monitoring will be conducted under conditions of normal operation at the 

MPF facility in accordance with the Final MPF Environmental Monitoring 

Study Plan (including Sampling Plans) and the Test Standards. 

Monitoring Duration/Schedule 

- 2 Sampling Events as provided for in the MPF Environmental Monitoring 

Study Plan 
 

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APPENDIX 2 

Municipal WWTP Environmental Monitoring 
 

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Appendix 2 – Municipal WWTP Environmental Monitoring 

Overview – Influent, effluent, biosolids, surface water, sediment, and biota 

sampling and analysis will be conducted for D4 and D5 at five (5) Municipal 

WWTPs and associated receiving waters. Air monitoring will be conducted at 

one Municipal WWTP that receives process wastewater discharges from an 

industrial site that processes or formulates with D4/D5. 

Site Selection 

- Selection Criteria 

o Treatment type 

o Population (in surrounding area) 

o Low Dilution (in receiving water) 

o Other considerations (geography, previous monitoring experience, 

location of D4/D5 indirect discharge industrial facility) 

- Selection Confirmation Process 

o Review WWTP’s NPDES permit (e.g., industrial inputs, compliance issues, 

changes in facility structure or operation, etc.) 

o Determine which sites are capped/covered 

o Check Google Earth and contact Plant Operator 

o Obtain/review data on historical effluent conditions (e.g., annual flow, 

D.O., temp, pH, SS, BOD) 

o Conduct site visit(s) 

- Prior to including a specific location in the Municipal WWTP Environmental 

Monitoring Study Plan, the Companies shall secure, as necessary and 

appropriate, a letter of cooperation/access from the party with 

ownership/control of the location. 

Monitoring Locations 

- Site #1 (Facility address, receiving water) 

o Activated sludge 

o High population 

o Low dilution 

o Capped (for air monitoring) 

- Site #2 (Facility address, receiving water) 

o Activated sludge 

o High population 

o Low dilution 

- Site #3 (Facility address, receiving water) 

o Oxidation Ditch 

o High population 

o Low dilution 

- Site #4 (Facility address, receiving water) 
 

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o Trickling filter 

o High population 

o Low dilution 

- Site #5 (Facility address, receiving water) 

o Lagoon 

o High population 

o Low dilution 

Monitoring Parameters 

- D4 and D5 in WWTP influent (combined flow/prior to treatment) 

- D4 and D5 in WWTP biosolids 

- D4 and D5 in air emissions at WWTP (at Site #1 only) 

- D4 and D5 in effluent at each WWTP’s outfall 

- D4 and D5 in surface water of receiving water body 

- D4 and D5 in surface sediment of receiving water body 

- D4 and D5 in benthic organism collected in sediment of receiving water body 

- D4 and D5 in marker fish collected in receiving water body 

Monitoring Approach 

- A detailed Sampling Plan will be prepared for each site and included as part 

of the Municipal WWTP Environmental Monitoring Study Plan which will be 

submitted to EPA at least 45 days prior to the initiation of monitoring (and 

within 180 days of the Effective Date of the ECA). The Sampling Plans shall 

include (with appropriate reference to Test Standards and/or QAPP): 

o map and detailed description of monitoring locations 

o sampling grids 

o timing/schedule 

o sampling protocols 

o quality assurance/quality control 

o access requirements 

- The Municipal WWTP Environmental Monitoring Study Plan will provide for 

the training of sample collection personnel in sampling protocols and the 

special handling requirements associated with D4/D5. In addition, the Study 

Plan will provide for the qualifying of contract laboratory vendor(s) and 

method validation for all matrices. 

- Monitoring will be conducted under conditions of normal operation/flow at 

the WWTP in accordance with the Final Municipal WWTP Environmental 

Monitoring Study Plan (including Sampling Plans) and the Test Standards. 

Monitoring Duration/Schedule 

- 2 Sampling Events (1 for air monitoring) as provided for in Municipal WWTP 

Environmental Monitoring Study Plan 
 

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APPENDIX 3 

Test Standards 
 

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Appendix 3 – Test Standards 

 

Status 

Test Standards for the Environmental Monitoring Program are under 

development. 

These include Sampling Collection and Laboratory Analysis Methods/Protocols. 

To date, the Silicone Industry has completed the development and validation of 

methods for the analysis of D4 and D5 in sediment and biota (Powell 2009, 2010; 

Durham et.al. 2009a, 2009b). Methods for the collection, sample transfer and 

analysis of biosolids are near complete with a final report expected by the end of 

the first quarter of 2012 (Durham et. al. 2011). Development of methods for 

influent and effluent collection, sample transfer and analysis are currently 

ongoing with a final report expected by the end of the second quarter of 2012 

(Knoerr et. al. 2011). 

References 

Powell, D.E. 2009. Cyclic volatile methylsiloxane materials (D3, D4, D5, and D6) 

in livers of Atlantic cod (Gadus morhua) from Oslofjord, Norway. Comparison 

and assessment of analytical methods utilized by Dow Corning Corporation, 

Evonik Goldschmidt, and the Norwegian Institute for Air Research. Final Report 

submitted to the Centre Européen des Silicones (CES). Dow Corning 

Corporation, technical report number 2009-I0000-60983. 

Powell, D.E. 2010. Bioaccumulation and trophic transfer of cyclic volatile 

methylsiloxane (cVMS) materials in the aquatic marine food webs of the Inner 

and Outer Oslofjord, Norway. Final Report submitted to the Centre Européen 

des Silicones (CES). Dow Corning Corporation, technical report number 2010-

I0000-62594. 

J.A. Durham, D.W. Huff, D.A McNett, D.E. Powell R. Gerhards, and T Boehmer. 

2009a. Development of a Robust Quality Control Program for Environmental 

Monitoring Studies with Cyclic Siloxanes, Poster presented at SETAC North 

America, 30th Annual Meeting, 19-23 November 2009, New Orleans, Louisiana. 

J.A. Durham, D.W. Huff, D.A McNett, D.E. Powell. 2009b. Trace analytical 

method development enhanced by the use of 14C-radiolabelled isotopes of 

octamethycyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5), and 

dodecamethylcyclohexasiloxane (D6), Poster presented at SETAC Europe, 19th 

Annual Meeting, 31 May – 4 June 2009, Göteborg, Sweden. 

J.A. Durham, S.M. Knoerr. 2011. Study Protocol Title: Non-Regulated Study: 

Analytical Method Development for Determining the Collection, Storage Stability 

and Analysis Procedures for the Quantification of D4, D5, and D6 in Biosolids 

Obtained from a Waste Water Treatment Plant (WWTP). Study Sponsored by the 

Centre Européen des Silicones (CES). Dow Corning Corporation Study Number 

11800-108. 
 

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S.M. Knoerr, J.A. Durham. 2011. Study Protocol Title: Non-Regulated Study: 

Development of Collection, Storage and Analysis Procedures for the 

Quantification of D4, D5, and D6 in Waste Water Treatment Plant Effluent and 

Surface Water Samples. Study Sponsored by the Centre Européen des Silicones 

(CES). Dow Corning Corporation Study Number 11936-108.