[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Pages 31008-31009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12626]



[EPA-HQ-OPPT-2012-0209; FRL-9351-1]

Enforceable Consent Agreement Development for Two Cyclic 
Siloxanes; Solicitation of Interested Parties and Notice of Public 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: EPA is giving notice of a public meeting to negotiate an 
enforceable consent agreement (ECA) to collect certain environmental 
monitoring data on octamethylcyclotetrasiloxane (D4) and 
decamethylcyclopentasiloxane (D5). A private organization has submitted 
a proposed ECA to EPA. EPA has evaluated the proposal and believes that 
proceeding with the negotiation of a consent agreement is an efficient 
means of developing the data, and now solicits additional persons with 
an interest in participating in the negotiations to notify EPA and 
announces a public meeting to initiate negotiations.

DATES: The meeting to initiate ECA negotiations for D4 and D5 
environmental monitoring will be held on Wednesday, June 27, 2012 from 
10 a.m. to 1 p.m.
    While this meeting is open to the public, you must notify EPA in 
writing on or before June 25, 2012, if you wish to be considered an 
``interested party'' and participate in the ECA negotiations for D4 and 
D5 environmental monitoring.
    To request accommodation of a disability, please contact the 
technical person listed under FOR FURTHER INFORMATON CONTACT, 
preferably at least 10 days prior to the meeting, to give EPA as much 
time as possible to process your request.

ADDRESSES: Your written notification that you wish to participate in 
the ECA negotiation must be submitted to the technical person listed 
    The public meeting to initiate negotiations on an ECA for D4 and D5 
will be held at the Environmental Protection Agency, EPA East, Room 
1117A, 1201 Constitution Ave. NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Robert Jones, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, East Building, 
1200 Pennsylvania Avenue NW., Room 4328G, Washington, DC 20460-0001;

[[Page 31009]]

telephone number: (202) 564-8161, fax number: (202) 564-4765; email 
address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].


I. General Information

Does this action apply to me?

    This action is directed to the public in general, and may be of 
particular interest to manufacturers, importers, processors, exporters, 
distributors, and users of D4 and D5. Because other entities may also 
be interested, the agency has not attempted to describe all the 
specific entities that may be affected by this action. If you have any 
questions regarding the completion of the ECA or the availability of 
the proposal for this effort, consult the technical contact listed 

II. Background

    Octamethylcyclotetrasiloxane (D4) (CASR No. 566-67-2) and 
decamethylcyclopentasiloxane (D5) (CASR No. 541-02-6) are high 
production volume chemicals having a wide variety of industrial, 
commercial, and consumer uses. D4 and D5 are highly persistent in 
sediment and highly bioaccumulative in benthic and aquatic species. 
Data show D4 to be toxic to aquatic and sediment-dwelling species. EPA 
has concerns regarding the environmental effects of D4 and D5. 
Environmental monitoring could help develop a better understanding of 
the potential effects of these chemicals in the environment.
    D4 is an intermediate for silicone copolymers. It is used 
commercially and has consumer uses in polishes, sanitation, soaps, 
detergents, adhesives, sealants, and rubber and plastic products. D4 is 
also used in processing applications such as coupling, blocking or 
release agents, and synthesis reagents.
    D5 is commonly used in personal care products, paints, coatings, 
paper and textiles, defoamers, release agents, surfactants in cleaning 
products, and adhesives. It is used as a processing solvent in 
chemical, resin, and synthetic rubber manufacture and as a chemical 
intermediate, lubricant, and dry cleaning agent.
    Further information on D4 and D5, including existing test data and 
a product stewardship program developed by Dow Corning, can be found in 
the public docket for this notice.

III. Solicitation of Interested Parties

    EPA is soliciting interested parties to monitor or participate in 
testing negotiations for an ECA concerning D4 and D5 environmental 
monitoring. The Silicone Environmental Health and Safety Council 
(SEHSC), the submitter of the ECA proposal for the environmental 
monitoring of D4 and D5, is already considered an interested party and 
does not need to respond to this notice.
    In accordance with 40 CFR 790.22(b), any other person who notifies 
EPA in writing on or before June 25, 2012 of his/her interest in 
participating in the negotiations will be given the status of 
``interested party'' and will be permitted to participate in the 
negotiation process (other members of the public may attend the 
negotiation meeting(s), but will not be permitted to participate in the 
negotiation). Persons who wish to be designated an ``interested party'' 
must submit written notice to the technical contact person listed under 

IV. Public Participation in Negotiations

    The procedural rule for ECAs (40 CFR 790.22, Procedures for 
developing consent agreements) contains provisions to ensure that the 
public is afforded a chance to participate in ECA negotiations, and 
that the views of interested parties are taken into account during the 
ECA negotiation process. All negotiating meetings for the development 
of this ECA will be open to the public and minutes of each meeting will 
be prepared by EPA and placed in the docket for this notice.
    EPA will advise interested parties and the public of meeting dates 
and make available meeting minutes, the proposed consent agreement, 
background documents, and other materials distributed at negotiation 
meetings. The negotiation time schedule will be established at the 
first negotiation meeting and will not exceed a period of 6 months from 
the initial meeting. If an ECA is not final within 6 months from the 
initial meeting and EPA does not choose to extend the negotiation time 
period, negotiations will be terminated and any unmet data needs may be 
pursued via a test rule promulgated under TSCA section 4.
    EPA will circulate a draft of the ECA to all interested parties if 
EPA concludes that such draft is likely to achieve final agreement, and 
30 days will be provided for submitting comments or written objections. 
EPA will enter into consent agreements only where there is a consensus 
among the agency, one or more manufacturers and/or processors who agree 
to conduct or sponsor the testing, and all other interested parties who 
identify themselves in accordance with 40 CFR 790.22(b)(2). Details on 
the procedures for developing consent agreements can be found in 40 CFR 
790.22. Details on what an ECA must include can be found in 40 CFR 

V. Supporting Documentation

    Meeting minutes, the proposed consent agreement(s), background 
documents, and other materials distributed at negotiation meetings will 
be placed in an Internet-accessible public docket identified by docket 
number EPA-HQ-OPPT-2012-0209, available online at http://www.regulations.gov. The docket for this notice contains the following:

    1. SEHSC. Environmental Monitoring Proposal for Certain Cyclic 
Siloxanes--D4 and D5. Power Point Presentation. March 1, 2012.
    2. USEPA Testing Consent Order for Octamethylcyclotetrasiloxane. 
Final Rule. 54 FR 818, January 10, 1989.
    3. SEHSC. Memorandum from Karluss Thomas. Executive Director, 
SEHSC to Maria J. Doa, Director, Chemical Control Division, Office 
of Pollution Prevention and Toxics, U.S. Environmental Protection 
Agency. Re: Proposed Terms of Environmental Monitoring Proposal for 
Certain Cyclic Siloxanes. March 1, 2012.
    4. SEHSC. Attachment 1. Proposed Terms of Enforceable Consent 
Agreement for D4 and D5 Environmental Monitoring Program. March 1, 
    5. SEHSC Attachment 2. Draft Project Charter: Proposed 5-year 
monitoring plan for cyclic volatile methylsiloxane (cVMS) materials 
in surface sediment and aquatic biota of the Inner Oslo Fiord, 
Norway. March 7, 2012.
    6. USEPA. Product Stewardship Program for Six Siloxanes 
Conducted Under a Memorandum of Understanding (MOU) Signed by EPA 
and the Dow Corning Corporation; Notice of Receipt and Availability 
of the MOU Data. 74 FR 38013, July 30, 2009.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: May 17, 2012.
Jim Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
[FR Doc. 2012-12626 Filed 5-23-12; 8:45 am]