## Attachment 1

PROPOSED TERMS OF ENFORCEABLE CONSENT AGREEMENT FOR D4/D5 ENVIRONMENTAL MONITORING PROGRAMii 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 SI GNATORY COMP ANIES .................................... 2

VIII. DESCRIPTION OF MONI TORING PR OGRAM ............................................ 3

IX. STANDARDS FOR DEVEL OPMENT OF DATA ........................................... 3

X. SCHEDULE AND DE LIVERABLES ............................................................ 4

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

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

XIII. STUDY PLAN MODI FICATIONS ................................................................ 6

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

XV. FAILURE TO COMP LY WITH ECA ............................................................. 6

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

XVII. EPA MONITO RING .................................................................................. 7

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

XIX. RESPONSIBILITY FOR THE ACTIONS OF UNRELATED THIRD PARTIES ................................................................................................. 7

XX. FORCE MAJE URE ................................................................................... 7

XXI. DISPUTE RESOL UTION ........................................................................... 8

XXII. WAIVER AND RESERVATIO N OF RIGHTS ................................................ 8iii XXIII. SIGNATURES .......................................................................................... 9

APPENDICES1 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 Envir onmental Protection Agency [hereinafter “EPA”] and {participating companies} [hereinafter individu ally a “Company” and collectively “the Companies”] enter into this Enforceable Consent Agreement for certain Environmental Monitoring [hereinafte r “this ECA”]. As used in this ECA, the term “Parties” shall refer jointly to EPA and the Companies, and the term “Party” shall refer individu ally 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 Amer ica, 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.2 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 excuse d 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, Formula ting 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 Environm ental 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 an d 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.3 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 w ill be 2 sampling events involving the collection and analysis for D4 and D5 in e ffluent at the MPF’s site’s outfall and in sediment, surface water, and biota (benthi c 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 conducte d 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 ev ent at one of the locations. Following completion of this monitoring, the Co mpanies will provide EPA with a report summarizing the results of the Municipa l 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 “re quirements.” 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 requ irement to be followed or met.

2. Provisions that are not mandat ory, 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 pena lties or other enforcement actions. In such cases, EPA will use its professi onal 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 agreeme nt or pursuant to a rule promulgated under Section 4(a) of TSCA, 15 U.S.C. § 2603(a).4 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 St andards, 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) Standard s found at 40 C.F.R. Part 792, except as described in the Environmental Moni toring 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 Agen cy 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 obligati ons under Section VII of this ECA. Interim Progress Reports shall include a summary of work completed to date, any proposed changes in protocols or sc hedule, 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 Rep orts 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 Pl an” when approved by EPA.5 2. Municipal WWTP Monitoring. Th e Companies shall submit a Municipal WWTP Environmental Monitorin g 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-doc s/r5-final.pdf. EPA shall approve the Municipal WWTP Environmental Monitor ing 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 sh all 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 Envi ronmental 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 contr ol 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 clai med 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.6 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 submi tted under this Program shall be made under the terms of 40 C.F.R. § 790.7. Information clai med as confidential shall be treated in accordance with the proced ures in 40 C.F.R. part 2 and with section 14 of TSCA, 15 U.S. C. § 2613. If no claim of c onfidentiality is made by the submitter of the information at the ti me 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) sha ll 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 modificati on 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 tr igger all provisions applicable to a violation of section 15. The Compan ies further acknowledge that 40 C.F.R. § 790.65 provides additional information regarding the implications of failing to comply with an enforceab le 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 ei ther initiate a rulemaking proceeding to require testing or publish in the Federal Register the reason for not initiating such a proceeding.7 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 inco rporating this ECA constitutes final agency action.

XIX. RESPONSIBILITY FOR THE ACTIONS OF UNRELATED THIRD PARTIES

A. The Companies will make every effo rt 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 contro lled 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 noti ce shall describe the precise nature of the event, affected obligation(s), measur es taken by the Companies to minimize or avoid the event, good faith effort s to satisfy obligations, and anticipated duration of the event.

2. EPA shall respond in writing wi thin fifteen (15) business days of receipt of a notice from the Companie s indicating its assent or dissent that the event constitutes a Force Majeure Event and the reasons therefore.8 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 othe r a written Notice of Dispute. Such Notice of Dispute shall clearly state the matter in dispute.

B. The period of informal negotiati ons 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 resoluti on 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 RIGHTS9 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 Co mpanies 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 informati on 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. SIGNATURES10 APPENDIX 1

MPF Environmental Monitoring11 Appendix 1 – MPF Environmental Monitoring

Overview – Effluent, surface water, sedi ment, and biota sampling and analysis will be conducted for D4 and D5 at se lect locations that correspond to certain targeted D4/D5 MPF sites.

Site Selection

- Correspond to four (4) D4/D5 MPF si tes owned/operated by Signatory Companies that directly discharge process waste water into the environment.

- Represent two manufacturing, two pr ocessing, 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 Companie s 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: collect ion, 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 River12 4) Wacker Adrian Plant 3301 Sutton Road Adrian, MI 49221

Site Characteristics : - D4/D5 processor and formulator - on-site wastewater treatment: coll ection, 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 St udy Plan which will be submitted to EPA at least 45 days prior to the initiati on 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 samplin g protocols and the special handling requirements associated with D4/D5. In addition, the Study Plan will provide for the qualifying of contract laborato ry vendor(s) and method validation for all matrices.

- Monitoring will be conducted under cond itions 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 Plan13 APPENDIX 2

Municipal WWTP Environmental Monitoring14 Appendix 2 – Municipal WWTP Environmental Monitoring

Overview – Influent, effluent, biosolid s, surface water, sediment, and biota sampling and analysis will be conducted fo r 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 struct ure 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 Companie s 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)15 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 cond itions of normal operation/flow at the WWTP in accordance with the Final Municipal WWTP Environmental Monitoring Study Plan (including Samp ling Plans) and the Test Standards.

Monitoring Duration/Schedule

- 2 Sampling Events (1 for air monitoring) as provided for in Municipal WWTP Environmental Monitoring Study Plan16 APPENDIX 3

Test Standards17 Appendix 3 – Test Standards

Status Test Standards for the Environmental Monitoring Program are under development. These include Sampling Collection and La boratory Analysis Methods/Protocols. To date, the Silicone Industry has comp leted 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 wi th 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 mor hua) from Oslofjord, Norway. Comparison and assessment of analytical methods utilized by Dow Corning Corporation, Evonik Goldschmidt, and the Norwegian In stitute for Air Research. Final Report submitted to the Centre Européen des Silicones (CES). Dow Corning Corporation, technical repo rt number 2009 -I0000-60983.

Powell, D.E. 2010. Bioaccumulation and tr ophic transfer of cyclic volatile methylsiloxane (cVMS) materials in the aq uatic marine food webs of the Inner and Outer Oslofjord, Norway. Final Report submitted to the Centre Européen des Silicones (CES). Dow Corning Corp oration, 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 Qualit y Control Program for Environmental Monitoring Studies with Cyclic Siloxane s, Poster presented at SETAC North America, 30th Annual Meeting, 19-23 Nove mber 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), Po ster presented at SETAC Europe, 19th Annual Meeting, 31 May – 4 June 2009, Göteborg, Sweden. J.A. Durham, S.M. Knoerr. 2011. Study Pr otocol Title: Non-Regulated Study: Analytical Method Development for Determ ining the Collection, Storage Stability and Analysis Procedures for the Quantifi cation of D4, D5, and D6 in Biosolids Obtained from a Waste Water Treatment Plant (WWTP). Study Sponsored by the Centre Européen des Silicones (CES). Do w Corning Corporation Study Number 11800-108.18 S.M. Knoerr, J.A. Durham. 2011. Study Protoc ol 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.