New York Stafe Department af Enviranmental Conservation

X
ln the Matter of Alleged Violations of Articles 3, 17 , 19,27 ,

and 71 of the New York State Environmental Conservation CIRDER,

Law ("ECL") and Parts 200, 201, 202, 212, 226, 228, ON
372,373,376,701,703, and 750 of Title 6 of the CONSENT
Official Compilation of Codes, Rules and Regulations
of the State of New York ("NYCRR") and RCRA Permit
Number NYD0020800341, SPDES Permit Number NY -
0008605, and CAA Title V Operating Permit Number 5-4154-
00002t07143

By Case No.
co s-20170117-5
MOMENTIVE PERFORMANCE
MATERIALS SILICONES, LLC2,

Respondent

WHEREAS:
Parties

1. The New York State Department of Environmental Conservation (the

"Department" or "DEC") is an Executive Agency of the State of New York (the
"State") with jurisdiction over the environmental policy and programs of the State
pursuant to the provisions of the New York State Environmental Conservation
Law ("ECL") and Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State of New York ("6 NYCRR" or the "Regulations");

2. MPM Silicones, LLC ("Respondent", "Momentive" or "MPM"), is a New York

Domestic Limited Liability Company that owns and operates an industrial facility
on property located in the Towns of Waterford and Halfmoon, New York (the
"Facility"). The Facility is situated on approximately 860 acres and is located two
(2) miles north of the Village of Waterford on Routes 4 and 32. The Facility engages
in basic chemical (siloxane) manufacturing and the manufacturing of advanced

1 The caption on the Notice of Hearing and Complaint related to the Ëacility, dated as of May 1lh, 2017,
references NYD002080034 as the RCRA permit number, and is retained here for consistency, However,
that number is the Facility's EPA lD number, The RCRA permit number is 5-4154-00002/00357
2 The caption on the Notice of Hearing and Complaint related to the Facility, dated as of May 5.ù,2017,

identifies "Momentive Performance Materials Silicones, LLC" as the Respondent in the matter, that name
is retained here for consistency. However, the Facility has been owned and operated by MPM Siltcones,
LLC since approximately December 4th, 2006.
1ll]a¡r,c
 silicone and specialty products for applications in healthcare, telecommunications,
electronics, personal care, construction, transportation, agriculture, energy and
other industries. ln August of 2020, Momentive announced that it would begin an
approximate two-year phase out of its basic chemicals manufacturing which is
expected to result in a material reduction of the environmental impact of Facility
operations. This "Facility Transition" is discussed further below.

Jurisdiction

3. This Order is issued pursuant to the Department's enforcement authority under

Articles 3, 17 , 19,27 and 71 of the ECL.

4. The Department's jurisdiction includes, inter alia, enforcement of the laws

governing:

a. hazardous waste management and disposal pursuant to Article 27 , Title I

of the ECL and the rules and regulations promulgated thereunder at 6
NYCRR 370 through 377, et seq.;
b. air emissions pursuant to Article 19 of the ECL and the rules and
regulations promulgated thereunder at 6 NYCRR 200, et seq.;
c, water pollution and discharges pursuant to Arlicle 17 of the ECL and the
rules and regulations promulgated thereunder at 6 NYCRR 750, et seq.

Background

5. The Facility was constructed by the General Electric Company ('GE") in

approximately 1947 and in approximately 2001 the Facility was transferred to GE
Silicones, LLC, principally owned by GE Silicones lnc. (a wholly owned
subsidiary of GE), ln 2006, in connection with the divestiture by GE of its
silicones business, GE Silicones LLC underwent a name change to become
MPM Silicones, LLC

6, Respondent conducts operations at the Facility which result in the generation of

hazardous waste. Respondent is subject to ECL Article 27, Tille 9 and the
regulations promulgated pursuant thereto at 6 NYCRR Part 370 et seq,

7. On January 12,1999 the Department renewed GE's Hazardous Waste

Management Permit to operate a Treatment, Storage and Disposal Facility
bearing Department Permit Number 5-4154-00002100357-1, pursuant to the
Resource Conservation and Recovery Act, as amended ("RCRA"), 42 USC S
6901 etseq,, Article2T of the ECL, and 6 NYCRR Part 373 etseq. ("the Part 373
Permit"). On June 29,2001, the Department issued a permit modification forthe
transfer of the Parl 373 Permit from GE to GE Silicones, LLC (also "GE").
Respondent filed an Application for Permit Transfer and Application for Transfer
of Pending Application with DEC requesting that the State's environmental
permits pertaining to the Facility be transferred from GE to MPM Silicones, LLC
2 | ftil ¡¡ L:
 effective December 4, 2006. The application was granted by DEe .

Respondent's Part 373 Permit was last issued on March 1,2016 and was last
modified in December 2020.

B. By letter dated August 26, 2020, Respondent submitted an application to the

Department to renew its Part 373 Permit (the "Renewal Application").

9. On December 1 5, 2020, the Department notified Respondent that the Renewal

Application was "timely and sufficient" under the New York State Administrative
Procedures Act ("SAPA") and, thus, Respondent's Part 373 Permit, "which would
normally expire on February 28,2021, is extended under SAPA S 401(2) and 6
NYCRR 621 (l)."

10.1n 2001, the Department issued Respondent's predecessor an Air Title V Facility
permit to comply with requirements of the 42 U.S.C. S 7401 et seq. and Article 19
of the ECL. This permit was subsequently modified and amended before being
transferred to Momentive on or about December 4,2006. Momentive currently
operates the Facility pursuant to an Air Title V Facility Permit bearing permit
number NYD002080034 (the "Title V Permit").

'11, Respondent operates the Facility wastewater treatment system pursuant to State
Pollutant Discharge Elimination System permit number 5-41 54-00002/00969
("the SPDES Permit"), issued on April 1, 2005, and modified October 1, 2006
which regulates the discharge of waste into the waters of the State, including the
Hudson River, from the Facility in compliance with the requirements of ECL
Article 17 and the federal Clean Water Act.

12.The Facility has been inspected by authorized employees of the Department

many times since 2007. ln addition, Respondent's permits require it to submit
numerous reports and documents indicating whether it is in compliance with
applicable statutes, regulations and permits. The inspections and documents
received from the Respondent revealed numerous alleged violations by
Respondent. Some of these violations are documented in a Notice of Hearing
and Complaint filed by DEC, dated May 5, 2017, and in additional subsequent
Notices of Violation issued on: July 5,2017, July 17 ,2017, August 29,2017,
September 19,2017, November '15, 2017, November 29,2017, March 7,2018,
June 4, 2018, June 5,2018, October 9,2018, October 11,2018, October 23,
2018, October 24,2018, December26,2018, January 17,2019, April 10,2019'
August 15,2019, September 19, 2019, October 2,2019, and April 22,2020.

13. Respondent filed an Answer to the Notice of Hearing and Complaint, dated June
27 ,2017. These documents are incorporated by reference into this Order and
are on file with the Depaftment,

2003 and 2006 DEC Order on Consent

3lP¡¡iti:
14.On June 3,2003, GE and the Department entered an Order on Consent that
addressed all violations of which the Department had actual knowledge or notice
of as of May 1, 2003 (the "2003 Order on Consent").

15.On October 13,2006, GE and the Departmententered a Modification to Orderon

Consent, modifying the terms of the 2003 Order on Consent to, among other
things, address all violations of which the Department had actual knowledge or
notice of as of June 1,2006. The obligations set forth in the 2006 Order were
completed by Respondent.

Subsequent Allegations of Non-compliance

16.During Respondent's ownership and operation of the Facility, Respondent has

reported, and the Department has alleged additional, instances of non-compliance
with the Facility's operating permits and applicable laws and regulations.

17.The Department has raised allegations by issuing, among other things, Notices of
Violations ("NOVs"), Preliminary Notification Letters ("PNLs"), and Warning
Notices seeking resolution of the allegations.

lB.Subsequent to a 2017 Administrative Complaint, Respondent has reported, and

the Deparlment has alleged additional instances of non-compliance.

lg.lmplementation of the "Facility Transition" as described below, will likely assist in

reducing the reoccurrence of many of the issues of noncompliance with
Respondent's environmental permits and applicable regulations.

20.The Department filed a Notice of Hearing and Complaint on May 5, 2017,

alleging that Respondent violated the Clean Water Act (CWA), Clean Air Act
("CAuq"¡, the Solid Waste Disposal Act, as amended by various laws including the
Resource Conservation and Recovery Act and the Hazardous and Solid Waste
Amendments of 1984 (referred to collectively as "RCRA"), their implementing
regulations and permits issued pursuant to those statutes, as well as the
approved New York State laws and regulations implementing those federal
statutes, in connection with Respondent's s ownership and/or operation of the
Facility.

21.ECL 571-1929 states that any person who violates any of the provisions of, or
who fails to perform any duty imposed by, titles 1 through 11 inclusive and title 19
of Article 17 , or the rules, regulations, orders or determinations of the
commissioner promulgated thereto or the terms of any permit issued thereunder,
shall be liable to a penalty of not to exceed thirty-seven thousand five hundred
dollars ($37,500) per day for each violation, and may also be enjoined from
continuing the violation.

4 I l'.i lì,'
22.ECL 571-2103 provides penalty amounts for violations of any provision of Article
19 and any rules and regulations promulgated pursuant thereto.

23. ECL 571-2705provides penalty amounts for violations of any provision of Article
27,Title 9 and any rules and regulations promulgated pursuant thereto.

Facilitv T ransition

24.1t is anticipated, at this time, that the Facility Transition will include the
decommissioning of both of the Respondent's Hazardous Waste incinerators, as
well as other elements of the Facility currently utilized in connection with
chemical manufacturing.

25.1t is also anticipated, at this time, that the Facility Transition will result in:

a. material reductions in Hazardous Waste generation and storage;

reductions in number and volume of permitted hazardous waste tanks and
the elimination of two (2) long term hazardous waste storage areas (the
Drum Storage Structure and the RKI Feed Pad). Further, the elimination
of the Facility's hazardous waste incinerators will facilitate a transition to
the recycling of solvent rich waste streams;
b. material reductions in permitted wastewater discharges to the Hudson
River;
c. material reductions in the number of permitted Facility air emission points.

26.1n addition to the Facility Transition, previously, Respondent ceased use of the
Drum Storage Structure and the RKI Feed Pad for long term waste storage. As of
April Sth, 2019, the Drum Storage Structure and RKI Feed Pad have been cleared
of all containerized hazardous waste inventory.

27.As part of this Order, Respondent intends to proceed with the Facility Transition,
which requires certain modifications to Facility operations, as set forth in Appendix
B. These modification requests, a mix of major and minor permit modifications,
were submitted to the Deparlment by Respondent on or about December 2nd and
3'd,2020.
Consent

28.By entering this Order, and as further set forth in Section Vlll, the Department and
Respondent wish to resolve any and all claims, and/or allegations of non-
compliance, by the Department against Respondent, its trustees, officers,
employees, successors and assigns, that have been, claimed or assessed by the
Department, or of which the Department has actual knowledge or notice of, against
Respondent, its trustees, officers, employees, successors and assigns, as of the
effective date of this Order. This includes, without limitation, the results of any
inspection conducted by the Department prior to the date of this Order as well as

5lina¡¡i,i
 any Information provided by Respondent to the Department prior to the date of this
Order

2g. Respondent admits those violations referenced in paragraph 12 above which

were self-reported by it, and neither admits nor denies all other violations
addressed by this Order, and affirmatively waives its right to a hearing as
provided by law, with respect to all violations addressed by this Order, and
consents to the issuing and entry of this Order pursuant to the provisions of
Articles 3, 17, 19,27 and71 of the ECL, and agrees to be bound by the
provisions, terms, and conditions contained in this Order and attachments
thereto. Respondent consents to and agrees not to contest the authority or
jurisdiction of the Department to issue or enforce this Order, and agrees not to
contest the validity of this Order or its terms.

NOW, having considered this matter, IT lS ORDERED THAT:

l. Compliance Schedule.

A. 1. Respondent is bound by, and agrees to follow and comply with, the terms,
provisions and requirements set forth in this Order, including Appendices A and B.
These appendices are incorporated and made enforceable herein. Respondent must
timely comply with all milestones set forth in Appendix A, and any milestones for
projects, or portions thereof, set forth in Appendix B for which Respondent has
determined to construct, unless Respondent otherwise provides notice to the
Department pursuant to this paragraph regarding milestones for projects in Appendix
B.

2. lf Respondent, in its sole discretion, elects to not proceed with a project(s), or

portions thereof, or elects to change aspects of the modifications set forth in Appendix
B, Respondent must provide 24 hour verbal notice as soon as possible after making
said election, followed by written notice 3 days after a final decision is made.
Respondent acknowledges that such prompt notice to the Department is a critical
element of working cooperatively with the Deparlment on the Facility Transition and
facilitating the Department's implementation of its best efforts pursuant to paragraph
l.B.'l below.

3, lf Respondent, in its sole discretion, elects to change the priority regarding its need
for the projects listed in Appendix B, Respondent must provide written notice to the
Department within 24 hours of making such election. Respondent acknowledges that
such prompt notice to the Department is a critical element of working cooperatively
with the Department on the Facility Transition and facilitating the Department's
implementation of its best efforts pursuant to paragraph 1.8.1 below.

4. Regardless of any such changes Respondent remains bound by the terms and
conditions of its existing Part 373 Permit.
6ll)it¡¡r,:
B. 1. The Department will make all best efforts to process and issue any approvals
needed for the projects in Appendix B, or any changes thereto as noted above, to
proceed.

2. To the extent any unexpected delays occur, the Department will promptly notify
Respondent of any such delays.

C. Notice of Compliance or Non-Compliance. No later than fourteen (14) days

following each date or milestone in Appendices A or B, whether for a required action or
for the submission of a written deliverable, the Respondent shall submit to the
Department a written Notice of Compliance or Non-compliance using the form set forth
in Appendix C. The failure to timely submit a Notice of Compliance or Notice of Non-
compliance pursuant to this Subparagraph is a violation of this Order on Consent.

Civil Penalty. With respect to the violations addressed by this Order, the Department
hereby assesses against the Respondent a civil penalty in the amount of One Million
Dollars ($1,000,000) and Respondent is required to fund an Environmental Benefit
Project (EBP), described below, in the amount of One Million Dollars ($1,000,000), to be
paid as follows:

A. Pavable Penaltv: One Million Dollars ($1,000,000) shall be paid within ten
(10) days of the effective date of this Order, Payment must be made by
check, or money order (payable to the "Department of Environmental
Conservation") and submitted to.

NYS Department of Environmental Conservation

Division of Management and Budget Services
Attn: Revenue Department
625 Broadway, 1Oth Floor
Albany, NY 12233-4900

Or by electronic payment at:

http :l/www. dec. nv. g ov/abouti6 1 0 1 6. htm l#0 n-[i ne

B. ENVIORNMENTAL BENEFIT PROJËCT

1. ln addition to the payable penalty noted above, Respondent

shall fund an Environmental Benefit Project(s) (EBP), in accordance with the terms of
this paragraph. Respondent's financial obligation to implement an EBP or EBPs
pursuant to this Order is limited to one million ($1,000,000) Dollars.

7lilug*
 2. Within one-hundred and twenty (120) days of the effective
date of this Order Respondent must propose for the Department's approval an ËBP or
EBPs in an amount not to exceed one-million dollars ($1,000,000). This timeframe may
be extended by mutual agreement of the Parties, provided Respondent is in good faith
seeking to identify and propose an EBP or EBPs as required by this Order. Any EBP
proposal by Respondent shall include a specific description of the EBP(s) and a
schedule for implementation of the EBP(s). An EBP proposal may include the payment
of funds to a third party approved by the Department to be used for a Department-
accepted EBP or EBPs. Upon approval by the Department, the EBP(s) shall be
incorporated into this Order as Appendix D, and Respondent shall be bound to fund or
perform said EBP in accordance with the Department's Environmental Benefit Projects
Policy CP-37 ("CP-37") guidance and the EBP's approved terms and schedule.

3. Respondent hereby certifies that:

a. Respondent is not required to perform or develop any proposed

EBP(s) by any law regulation or other legally binding obligation;
b. Respondent is not required to perform or develop any proposed
EBP(s) as injunctive relief in this or any other case;
c. Respondent has not received, is not presently negotiating to
receive, and will not seek in the future to receive, credit in any
other enforcement action or legal proceeding based upon
undertaking a proposed EBP(s);
d. Respondent has not obtained and will not obtain any grant
funds based upon performance of the listed EBPs;
e. Respondent had not planned to perform the listed EBPs, or any
element thereof, at the time the violations were detected;
f. Upon completion of a specific listed EBP in satisfaction of this
Order, any oral or written statement by Respondent (or a third
party at the request of the Respondent) in reference to said EBP
shall include language stating that said EBP was undertaken as
part of the resolution of an enforcement action for the violations
described in this Order,

4. Respondent shall track payment of all expenses related to

the EBP(s) and shall provide the Department with an accounting of expenditures upon
completion of the EBP.

5. lf the Respondent fails to submit an EBP or EBPs to the

Department within one-hundred and twenty (120) days of the effective date of this
Order, and the Parties do not mutually agree to extend the timeframe for such
submission as provided for in Paragraph 1.8. above, Respondent shall remit one million
dollars ($1,000,000) to the Department, or the Department's designee, for use on other
Department approved ËBPs not implemented by Respondent, or to be paid as a
penalty, at the Department's discretion.

8lP*¡¡s
 6. lf, following implementation of the ËBP or EBPs proposed by
Respondent and approved by the Department, the funds expended by Respondent total
less than one million ($1,000,000) Dollars, the difference between the funds expended
by Respondent and one million ($1,000,000) Dollars shall be remitted to the
Department, or its designee, for use on other Department approved EBPs, not
implemented by Respondent. lf an additional EPB or EBP(s) have not been identified by
the Deparlment within 6 months after these funds have been remitted to the
Department or its designee, the Department may also choose to have these funds paid
as a penalty pursuant to Paragraph ll above.

C. Forqiveness of Waterfo rd School District T ax Reoavment

On August20,2020, Momentive entered a Consent Judgment of Settlement with,

among others, the Waterford-Halfmoon Union Free School District (the "District") which
requires the District to refund Momentive $3,570,825 of property taxes overpaid by
Momentive related to the years 2016,2017,2018 and 2019 (the "Consent Judgment
Settlement"). Momentive agrees to waive the remaining three-hundred thousand dollar
($300,000) payment due from the District pursuant to the terms of the Consent
Judgment Settlement.

D. Default of Pavment

The penalty and EBP assessed pursuant to this Order constitutes a debt owed to the
State of New York. Failure to pay the assessed penalty, or any part thereof, in
accordance with the schedule contained in the Order, may result in referral to the New
York State Attorney General for collection of the entire amount owed (including the
assessment of interest, and a charge to cover the cost of collecting the debt), or referral
to the New York State Department of Taxation and Finance, which may offset any tax
refund or other monies that may be owed to you by the State of New York by the
penalty amount. Any stipulated penalty provided for in this Order will constitute a debt
owed to the State of New York when and if such penalty becomes due,

lll. Stipulated Penalties

A. lf Respondent fails to meet any of the milestone dates set forth in Appendix A
[Schedule of Compliance], the Department shall have judgment against Respondent,
and Respondent consents to entry of judgment in a court of competent jurisdiction
for a stipulated penalty in the amounts set forth below, for each day of violation. For
the purposes of Paragraph lll only, milestone dates set forth in Appendix A do not
include Appendix A itenl 5, 12 and 14.

PE .C MPLIAT\IEË PENALTY PËR-DAY

1st day through 30th day $1,750
31st day through 60th day $3,750
"|
Q I l).r'" ì.'r,i'
 Ëach day beyond the 60th daY $10,000

B. Respondent shall be deemed in compliance with this Order, and not subject to Stipulated
penalties, if Respondent is acting in accordance with the process in paragraph V below.

C. Any judgment against Respondent pursuant to this Section shall be due and payable,
and may be entered upon thirty days notice of Respondent. lnterest shall accrue on
any stipulated penalty not paid when due, at a judgment rate not to exceed 9% per
annum, non-compound, or such other judgment interest rate as General Municipal
Finance Law $3-a or any successor law shall establish.

lV. Environmental Monitor

A. Respondent's Pad 373 Permit requires an Environmental Monitor at the Facility and
requires the Respondent to fund environmental monitoring services to be performed by
or on behalf of the Department. These monitoring services include, but are not limited
to, the scope of work in an annual environmental monitoring work plan.

B. The Parties agree the Facility Transition is likely to create a situation where the
Environmental Monitor will no longer be necessary at the site upon completion of the
items within Appendices A and B, including the environmental audit, which the Parties
anticipate arising prior to March 31,2023.

C. As of December 3'l ,2022, the Respondent and the Department will review the status of
any remaining incomplete items contained within Appendices A and B, and the status of
items identified for inclusion in the third-party independent audit. Provided these items
have been resolved, the Monitor position shall conclude on March 31,2023 unless both
Respondent and NYSDEC agree to extend.

D. ln the event that the monitoring services continue past March 31,2023, the Parties will
evaluate all aspects of Appendix A and the Facility Transition between October and
December of each calendar year that the monitoring services remain, to determine the
need for an additional year and, if determined necessary, the percentage of time for the
monitoring services in twenty-five (25) percent increments.

V. Submittals

A. Whenever the Department's approval of a submittal under the terms of this Order is
required, the Department shall review such submittal to determine whether it was
prepared, and whether the work done to generate the data and other information in the
submittal was done, in accordance with this Order and applicable state and federal
regulations and laws and generally accepted technical and scientific principles. The
Department shall notify Respondent in writing of its approval, request for revision and
10 l0agt
 resubmittal, or disapproval of the submittal. The Department will use its best efforts to
timely review Respondent's previous submissions, as well as any follow-up submissions
requested by the Department. All Department-approved plans and reports shall be
incorporated into and become an enforceable part of this Order.

B. lf the Department disapproves a submittal, its notice shall specify the reasons for
disapproval. Respondent shall make a revised submittal to the Deparlment within thirty
(30) days after receiving written notice of disapproval that specifically addresses the
Department's stated reasons for disapproving the first submittal.

C. After receipt of the revised submittal from Respondent, the Department shall notify
Respondent in writing of its approval, disapproval, or request for further revisions. lf the
Department approves the revised submittal, it shall be incorporated into and become an
enforceable part of this Order. lf the Department disapproves the revised submittal, it
shall notify the Respondent in writing and specify its reasons. The Department reserves
its right to take whatever action it deems necessary after the second formal disapproval,
which does not include requests for document revisions, of a submittal.

D. The Department's review of submittals will be based on applicable statutory and

regulatory requirements, requirements set forth in this Order and Respondent's part 373
RCRA Permit, and generally accepted scientific and engineering principles and
practices.

Vl. Communications

A. All communications between the Department and Respondent related to this Order shall
be made in writing and transmitted to the addressees identified below through both (i)
electronic means and/or (ii) hand delivery by the United States Postal Service, or an
express delivery service.

B, 1, All communications except were othenvise specifically directed, should be sent to

Lynn Winterberger, P.E.

RCRA Permitting Section Chief
New York State Department of Environmental Conservation
625 Broadway
Albany, New York 12233-7256
lvnn.winterberq er(&dec.nv.00v

Part 373 Permit Related information

Eric Hart
1-1 | [' il ¡¡ r,r
 NYSDËC Ënvironmental Coordinator
MPM Silicones, LLC
Building 14
260 Hudson River Road
Waterford, NY 12188
eric. ha rt@dec^ nv. qclv

2. Communications of a legal nature from Respondent shall be sent to

Dena Putnick, Esq.

General Enforcement Bureau Chief
625 Broadway, 14th Floor
Albany, New York 12233-1500
dena.nutnick c,nv.00v

C. Communications from the Department related to this Or"der shall be made as follows
MPM Silicones, LLC
Attn: Environmental Manager
260 Hudson River Road
Waterford, NY 12188

D. Communications of a legal nature from the Department shall be made as follows

MPM Silicones, LLC

Attn: Senior Environmental Counsel
260 Hudson River Road
Waterford, NY 12188

And

Robert A Stout, Jr.

Whiteman Osterman & Hanna
One Commerce Plaza
Albany, New York, 12260

E. Any party may change its designee(s) or their addresses under this
paragraph upon written notice to the other parties.

F. Notices and submissions provided pursuant to this Paragraph shall be

deemed effective upon receipt, unless otherwise provided in this Order on
Consent or by mutual agreement of the Parties in writing.

G, Quarterly Reports

L2 lPa¡¡L:
 1. Respondent shall submit quarterly reports ("Quarterly Reports") to
the DEC. The Quarterly Reports shall provide an overview of the actions
which have been taken toward achieving compliance with this Order
during the previous three-month period.

2. The Quarterly Report shall include an overview of. (a) the work
performed pursuant to this Order during the reporting period, including the
status of all milestones; (b) all anticipated activities for the next three-
month period; (c) the status and cost report for the EBP required by this
Order; and (d) any other issues with the potential to materially affect the
projects set forth in this Order.

3. From the effective date of this Order, up until all requirements of

this Order have been met, Respondent shall submit these Quarterly
Reports to the DEC by the 30th day of the month following the end of a
quarterly period. The quarterly periods are defined as January 1st- March
31st, April 1st - June 30th, July 1st - September 30th, and October 1st -
December 31st.

vlt Other Approvals. Respondent shall be obligated to obtain the permits,

easements, rights of entry and access, approvals and authorizations that are or
may become necessary in order to carry the obligations in this Order in
accordance with law. This Order shall not relieve Respondent of the obligation to
comply with all laws, rules and regulations of the State of New York and any
other governmental authority that are applicable to Respondent's activities, nor
does this Order preclude or limit such enforcement action as may be authorized
by law for any violation thereof, except with respect to those matters addressed
by this Order.

vilt Scope of Settlement. Subject to the Reservation of Rights below, this Order is a
settlement of all claims for civil and administrative penalties, and/or allegations
of non-compliance, by the Department against Respondent, its trustees, officers,
employees, successors and assigns that have been, or could be, assessed by
the Department against Respondent, its trustees, officers, employees,
successors and assigns for the violations described herein, and for any violations
at the Facility of which the Department has knowledge or notice of as of the
effective date of this Order. This includes, without limitation, the results of any
inspection conducted by the Department prior to the date of this Order as well as
any information provided by Respondent to the Department prior to the date of
this Order. This Order shall not be construed as being in settlement of events
regarding which the Department lacks knowledge, or which occur after the
effective date of this Order.

1-3 | I'r ¡1 *r
 IX Department Reservation of Righrts. Except as expressly provided herein, the
Department hereby reserves all of its legal, administrative, and equitable rights
arising at common law or granted to it pursuant to statute or regulation including,
but not limited to, recovery of Natural Resource Damages and any summary
abatement power of the Commissioner.

X Respondent Reservation of Rights. Except as expressly provided otherwise in

this Order, nothing contained in this Order shall be construed as barring,
diminishing, adjudicating or in any way affecting any defense, counterclaim, or right
of the Respondent, including the right to contest any allegations that it has violated
this Order and any right to contest conditions the Department may impose on the
permit modifications identified in Appendix B.

XI Access. To monitor.or determine compliance with this order, employees and

agents of the Department shall be provided access to any facility, site, or records
owned, operated, controlled or maintained by Respondent, in order to inspect
and/or perform such tests as the Department may deem appropriate, to copy
such records, or to perform any other lawful duty or responsibility, subject to any
applicable rights of privilege or confidentiality as may be provided for under
applicable law,

xil Force Majeure. lf Respondent cannot comply with a deadline or requirement of

this Order on Consent, because of natural disaster, Federal or State declared
national or state emergency based on an epidemic or pandemic, war, terrorist
attack, strike, riot, judicial injunction, or other, similar unforeseeable event which
was not caused by the negligence or willful misconduct of Respondent and which
could not have been avoided by Respondent through the exercise of due care,
Respondent shall apply in writing to the Depaftment within a reasonable time
after obtaining knowledge of such fact and request an extension or modification
of the deadline or requirement. Respondent shall include in such application the
measures taken by Respondent to prevent and/or minimize any delays. Failure
to give such notice constitutes a waiver of any claim that a delay is not subject to
penalties. Respondent shall have the burden of proving that an event is a
defense to a claim of non-compliance with this Order on Consent pursuant to this
subparagraph,

xlil Default. Respondent's failure to comply fully and in timely fashion with any
provision, term, or condition of this Order shall constitute a default and a failure to
perform an obligation under this Order and under the ECL and may constitute
sufficient grounds for revocation of any permit, license, certification, or approval
issued to the Respondent by the Department

14 1ila¡¡Lr
 XIV fuflodifieatlon. No change or modification to this Order will become effective
except as specifically set forth in writing and approved b¡i the Commissioner or a
duly authorized representative.

XV lndemnification, Respondent will indemnify and hold the Department, the State
of New York, and their representatives and employees harmless for all claims,
suits, actions, damages, and costs of every name and description arising out of
or resulting from the acts and/or omissions of Respondent, its trustees, officers,
employees, servants, agents, successors, or assigns, resulting from the
compliance or attempted compliance with the provisions of this Order.

XVI Binding Effect. The provisions, terms, and conditions of this Order shall be
deemed to bind Respondent, its heirs, its employees, servants, agents,
Successors and assigns, and all persons, firms, and corporations acting
subordinate thereto.

XVI I Entirety of Order. The provisions of this Order constitute the complete and
entire Order issued to the Respondent, concerning resolution of the violations set
forth in paragraphs 12 and Vlll of this Order. Terms, conditions, understandings
or agreements purporling to modify or vary any term hereof shall not be binding
unless made in writing and subscribed bythe party to be bound, pursuantto the
Modification paragraph of this Order. No informal oral or written advice,
guidance, suggestion or comment by the Deparlment regarding any report,
proposal, plan, specification, schedule, comment or statement made or submitted
by the Respondent shall be construed as relieving the Respondent of its
obligations to obtain such formal approvals as may be required by this Order.

XVIII Obligations. This Order is not a permit, or a modification of any permit, under
any federal, State, or local laws or regulations. Unless otherwise allowed by
statute or regulation, Respondent is responsible for achieving and maintaining
complete compliance with all applicable federal, State, and local laws,
regulations, and permits. Respondent's compliance with this Order on Consent
shall be no defense to any action commenced pursuant to any laws, regulations,
or permits, except as set forth herein.

XIX Effective Date of Order. The effective date of this Order shall be the date upon
which it is signed on behalf of the Department

XX Termination. The Order will remain in effect until Respondent has:

A. Completed the obligations set forth in this Order,
B. Paid all penalties assed hereunder;
C. Received the Department's written approval that all of Respondent's
obligations in Appendix A have been met; and
L5 | il ;r ¡r; r,:
 D. Obtained a renewal of Respondent's RCRA Part 373 permit, subsequent
to completion of the Facility Transition and the items in Appendix B.

Dated 2021
New York

By

Basil Seggos, Commissioner

New York State Department of
Environmental Conservation

L6|ila¡¡t
 CONSENT BY RESPONDENT
Case No, CO 5-20170117-5
Respondent hereby consents to the issuance of the foregoing order, waives its right to a
hearing herein, and agrees to be bound by the terms, provisions, and conditions
contained herein,

MPM SILICONES, LLC

By lSignaturel

Title: r rclrrr 1- + C a o
Date: rl -7cÌ *)oJ I

Acknowledqment

STATE OF NEW YORK

SS
COUNTY oF SAØPl'ro4Ét

On this 'L4 day of n 2021, before me personally came to me known,

r,,t¿[o being by qe duly sworn. did depose and say tha e he resides i
t{¿ø-rSSeln¿R c+.. ÑV that (s) he is the F (.e of
the company described in, ahh wÅ o executed the fo regoing instrument, and
acknowledged that (s) he signed his/her name thereto by order of the board of directors
of said company.

YYI C)
Notary Public

lTlPage
 Appendlx A
GOMPTIANEE SEHEDULE
MPM SILICONES, LLC
CASE NO. eO 5-20170117-5

18 ll';i ¡'1'
 Appendix A
Order on Consent # CO 5-20170117-5
Supplemental Compliance Schedule ltems to MPM's Permit Schedule 1 of Module l, Condition C
MPM Silicones, LLC
DEC Permit No. 5-4154-00002/00357
EPA lD No. NYD002080034

"For purposes of this Appendix the term "Material" or "Materially" shall be defined as follows. Process redesign of the
surge tank, whether it be the current surge tank or the upgraded "product recovery tank" proposed in the November 12,
2020 Operational Flexibility Request for Process 081, which requires additional or different management pnactices, tank
design, or expressly different process use of the surge tank or product recovery tank. Any equipment replacenrent or
upgrading with functionally equivalent components (e.9., pipes, valves, pumps, conveyors, controls) does not constitute a
nraterial change or alteration. lf any equipment replacement or upgrade results in a design pressure (15 psi) increase of
the surge tank or product recovery tank, piping entering or leaving the tanks, and any ancillary equipment in excess of
25o/o ot 3.75 psi, it is considered a material change or alteration of the process.

${o. Compliance ltem Description Compliance Date

1 Building 37 Surge a. Tank Assessment
Tank or Froduct
Recovery Tank. i. lf the Respondent chooses to continue operating the current Within 60 days of Respondent's
Building 37 Surge Tank then the Respondent must submit a notification to NYSDEC that the
written assessment reviewed and certified by a professional tank will continue to operate
engineer registered in New York that attests to the integrity of instead of, or in conjunction with
the surge tank and piping entering or leaving the tank, and any commencement of, operation of
ancillary equipment. This assessment must determine that the the "Product Recovery Tank"
surge tank and piping entering or leaving the tank and any noted in section 1a.ii below.
ancillary equipment is adequately designed and has sufficient Respondent's notification must
structural strength and compatibility with the substances to be occur within one year of the
handled to ensure that it will not collapse, rupture or fail. At a effective date of this Order uniess
minimum, this assessment must consider the following: both parties agree otherwise.
 1. Design standards, if available, according to which the
surge tank and piping entering or leaving the tank and
any ancillary equipment were constructed;
2. any hazardous characteristics of the substances that
have been and will be handled;
3. existing corrosion protection measures;
4. documented age of the surge tank and piping entering
or leaving the tank and any ancillary equipment were
consiructed, if available (otherurise, an estimate of the
age);
5. any results from a leak test, internal inspection, or
other tank integrity examination; and
6. Whether a visual inspection of the tank's interior is a
necessary element of the subsequent 5 year
inspections provided for in paragraph (f) below in order
for such future inspections to conclude the materials
inspected have sufficient structural strength and
compatibility with the material to ensure that it will not
collapse, rupture or fail, or if an alternative integrity
inspection may be utilized.

lf the professional engineer recommends that an interior

visual inspection is not warranted with regards to paragraph
(f) below, and NYSDEC disagrees, the parties shall work
together for a period of 6 months, unless they mutually agree
to extend such period of discussions,'to determine if
recognized and generally accepted good engineering
practices require such interior visual inspection.

¡i. lf the Respondent proceeds with the instillation of

an Upon completion of construction
upgraded Building 37 Surge Tank otherwise known as the and prior to commencing
"Product Recovery Tank", as proposed in the Respondent's operation of the upgraded Building
November 12, 2020 Operational Flexibility Request for
Process 081, then the Respondent must submit a written 37 Surge Tank "Product Recovery
assessment reviewed and certified by a professional engineer Tank".
registered in New York that attests to the integrity of the
Product Recovery tank and piping entering or leaving the tank
and any ancillary equipment. This assessment must
determine that the tank and piping entering or leaving the tank
and any ancillary equipment is adequately designed and has
sufficient structural strength and compatibility with the
substances to be handled to ensure that it will not collapse,
rupture or faii. At a mlnimum, this assessment must consider
the following:

1. Design standards, if available, according to which the

product recovery tank and piping enterinE or leaving
the tank and any ancillary equipment are constructed;
2. any hazardous characteristics of the substances to be
handled;
3. any factors affecting the potential for corrosion;
4. the type and degree of external corrosion protection
that is needed to ensure the integrity of the tank, the
piping entering or leaving the tanks, and any ancillary
equipment during the use of the tank or its
component(s);
5. design considerations to ensure that tank foundations
will maintain the load of a full tank, the tank will be
anchored to prevent flotation or dislodgement where
the tank is placed in a saturated zone or is located
within a seismic fault zone, and the tank will withstand
the effects of frost heave;
6. the results from a tightness test of the product recovery
tank and piping entering or leaving the tank and any
ancillary equipment; and
 7. Whether a visual inspection of the tank's interior is a
necessary element of the subsequent 5 year
inspections provided for in paragraph (f) below in order
for such future inspections to conclude the materials
inspected have sufficient structural strength and
compatibility with the material to ensure that it will not
collapse, rupture or fail, or if an alternative integrity
inspection may be utilized.

lf the professional engineer recommends that an interior

visual inspection is not warranted with regards to paragraph
(f) below, and NYSDEC disagrees, the parties shall work
together for a period of 6 months, unless they mutually agree
to extend such period of discussions, to determine if
recognized and generally accepted good engineering
practices require such interior visual inspection.

b. Tank Cleaning

1. Respondent shall prepare and implement a procedure Within 90 days of the Effective
that provides for the cleaning (i.e.- toluene flushing/acetone Date of this Order
rinsing, or other mutually agreed method) of the surge tank
and/or the product recovery tank, as the case may be, which
includes.

{hat the tank(s) will be cleaned at least once every quarter,

but with not more than 90 days between each tank cleaning
No more than three (3) times annually, Respondent may
make prior notification to the Department that an additional
fifteen (15) days is needed to complete a cleaning; and

-that the Respondent shall maintain, for three (3) years, the
appropriate records reflectinq that the tank(s) have been
cleaned at least once every quarter with not more than 90
days between each cleaning, unless extended by 15 days as
noted above.

c. Secondary Containment Requirements Within "120 days of NYSDEC

approval of the assessrnent
1. Respondent must submit a work plan to the NYSDEC required by (a)(i) and/or (aXii)
for installation of a secondary containment systern, above
which work plan shall consist of design drawings
stamped by a professional engineer registered in New
York. The secondary containment system must be
designed, installed, and operated to prevent any
migration of substances or accumulated liquid out of
the system to the soil, ground water, or surface water
at any time during the use of the surge tank and/or
product recovery tank, as the case may be, and piping
entering or leaving the tank and any ancillary
equipment ; and capable of detecting and collecting
releases and accumulated liquids until the collected
material is removed.

2. lmplement work plan Within 90 days of

NYSDEC approval of the work
plan.

3. Certification report, which shall consist of as-built Within 30 days of completion of

drawings stamped by a professional engineer installation of the secondary
registered in New York reflecting construction containment system.
consistent with the approved work plan.

4. lndependent surge tank and/or product recovery tank, Within 365 days of cornpletion of
as the case may be, secondary containment instaliation of the secondary
assessments shall be conducted annuallv bv an
 independent, qualified Professional Engineer licensed containnrent system and annually
in New York State or a qualified inspector working thereafter.
under the Professional Engineer. Any defects identified
during the assessment must be documented by the
engineer/inspector in an assessment report. Once any
defects have been repaired, the secondary
containment area(s) must be re-inspected by the
engineer/inspector to evaluate the adequacy of the
repairs and to confirm that the secondary containment
area is fit for service.

d. Respondent must inspect the surge tank and/or product Within 80 days of the effective
recovery tank, as the case may be, and piping entering or date of the Order
leaving the tank and any ancillary equipment at least once
each operating day, which inspections shall include:

1. aboveground portions of the surge tank and/or product

recovery tank, as the case may be and piping entering
or leaving the tank(s) and any ancillary equipment, to
detect corrosion or releases of substance(s);
2. the construction materials and the area immediately
surrounding the externally accessible portion of the
surge tank and/or product recovery tank, as the case
may be and piping entering or leaving the tank(s) and
any ancillary equipment , including any secondary
containment system (e.9., dikes) to detect erosion or
signs of releases of substances (e.9., wet spots, dead
vegetation); and
3. Ancillary equipment that is not othen¡uise secondarily
contained.
4. Respondent must document in the operating record of
the facility an inspection of those items in paragraphs
(1)-(3) of this subdivision.
ln the event Respondent fails to perform daily inspections for
5 days out of any 365 day period, stipulated penalties may
apply for each missed inspection, as set forth in paragraph lll
of the Order.

e. The tank(s), the secondary containment system(s), piping lmmediately

entering or leaving the tanks, or any ancillary equipment from
which there has been a leak or spill, or which is unfit for use,
must be removed from service immediately, and the
substances must be removed within 24 hours of the detection
of the leak or spill.

f. lndependent Assessment of Tank(s), piping entering or Within 365 days of the written
leaving the tanks, and any ancillary equipment assessment of section 1a above
and every (5) years thereafter.
An independent assessment of the surge tank and/or product
recovery tank, as the case may be, and piping entering or
leaving the tank(s) and any ancillary equipment shall be
conducted once every 5 years unless a more frequent
inspection is recommended in the most recent tank
assessment report by an independent, qualified Professional
Engineer licensed in New York State or a qualified inspector
working under the Professional Engineer. Subject to
paragraphs (a)(i) and (a)(ii) above, this assessment will also
require a visual inspection, of the tank's interior after it has
been completely emptied and cleaned.

Any defects identified during the assessment of the tank(s),

the piping entering or leaving the tanks, and any ancillary
equipment must be documented by the engineer/inspector in
an assessment report along with repair recommendations.
Once any defects have been repaired, the secondary
containment area(s) must be re-inspected by the
engineer/inspector to evaluate the adequacy of the repairs
and to confirm that the secondary containment area is fit for
service. The assessment report must also include a
statement from the engineer/inspector which certifies that all
repairs were made in accordance with the
eng ineer's/inspector's recommendations, and that the tan ks,
the piping entering or leaving the tanks, and any ancillary
equipment has sufficient structural strenEth and compatibility
with the material to ensure that it will not collapse, rupture or
fail. This report must be submitted to the Department within
90 days of the assessment.

g. While this Order is in effect, provided Respondent is in

compliance with the requirements of ltem 1 of this Appendix:
there are no Material modifications to the process related to
the surge tank and/or product recovery tank, as the case may
be; and the Department's review of the assessment required
by section 1a above reveals no Material modifications to the
process related to the surge tank of which the Department did
not have knowledge or notice of prior to the effective date of
this Order, the Department shall (i) not deem the surge tank
and/or product recovery tank, as the case may be a
hazardous waste tank and (ii) not impose any additional
requirements on the surge tank and/or product recovery tank,
as the case may be, and piping entering or leaving the tank
and any ancillary equipment, beyond the requirements set
forth in this Appendix.

h. Upon or prior to the termination of this Order, the

requirements of this item shall be madé part of an applicable
permit for the facility. The surge tank and/or product recovery
tank, as the case mav be shall not be deemed a hazardous
 waste management unit in any applicable Part 373 permit for
so long as Respondent is in compliance with these obligations
and there are no Material modifications to the process related
to the surge tank and/or product recovery tank, as the case
may be.

i. ln the event there is a Material modification to the process

related to the surge tank and/ or product recovery tank, as the
case may be, or the Department reasonably believes such
Material modification may or has occurred, the parties shall
work together for a period of 6 months, unless mutually
agreed to extend such period of discussions, to determine if
applicable laws or regulations (i) require the surge tank and/
or product recovery tank, as the case may be to be deemed a
hazardous waste tank and (ii) require the imposition of
additional requirements on the surge tank and/ or product
recovery tank, as the case may be, and piping entering or
leaving the tank and any ancillary equipment, beyond the
requirements set forth in ltem 1 of this Appendix.

j. The parties acknowledge that, if at any point, there is a

change in the law or regulations that apply to the surge tank
or its process, and such change renders the approach set
forth in this item .no longer accurate, the classification of the
surge tank or its processes will have to be re-evaluated under
the current law or regulation.

2 Tanker and Tank Respondent must submit a work plan to the NYSDEC for the This requirement applies to any
Wagon equipment, installation of level gauges that will be used to measure and tanker and/or tank wagon that is
infrastructure, record the volume of waste stored in the permitted tankers determined by NYSDEC to remain
and/or hardware on and tank wagons. in Respondent's RCRA permit
permitted tankers subsequent to the facility's
and tank waqons to restructure.
 demonstrate
compliance with the Within 30 days of NYSDEC's
permitted a. Work plan determination that a tanker and/or
capacities. tank wagon wili remain in MPM's
RCRA permit.

b. lmplement work plan Within 30 days of

NYSDEC approval of the work
plan.
ó Drurn Storage Respondent must submit an engineering report, closure plan,
Structure (DSS) and implementation schedule to NYSDEC as follows:
and RKI Feed Pad
(RFP) a. Draft engineering report that summarizes all Part 373 Within 60 days of the effective
permit conditions that will be affected by the closure of the date of this order.
DSS and RFP and provides sufficient justification to alleviate
the need to complete any RCRA permit requirement including
items in the compliance schedule, schedule of deliverables,
and this order

b. Final engineering report Within 30 days of NYSDEC

approval of the draft engineering
report.

c. Closure plan and implementation schedule Within 365 days of the effective
date of this order.

d. lmplement closure plan Within 30 days of

NYSDEC approval of the closure
plan.
,t1
API Pad Respondent must provide at least a 24-hour notification, lmmediately
excluding weekends and holidays, to the NYSDEC's
environmental monitor and/or the Department's proiect
 manager prior to any activity that requires MPM to plug the
API Pad drain line. ln the case of an emergency or
circumstances beyond Respondent's control, Respondent
shall notifu the Department within 24 hours of event start.
à MPM notifications Respondent shall copy the NYSDEC's on site environmental lmrnediately
and monitor on all EQ correspondence, related to any unit subject
correspondence to either the RCRA regulations or MPM's Part 373 Permit,
submitted to the Department and provide notification of all
State and Federal reportable releases within two (2) hours of
discovery.
6 Vapor Tightness Respondent must submit a work plan to the NYSDEC that This requirement applies to any
Testing. includes the corrective actions that will be taken by the facility tanker and/or tank wagon subject
to accurately record the vapor tightness testing results for the to vapor tightness testing that is
permitted tankers and tank wagons. The work plan must determined by NYSDEC to remain
include supporting documentation for the maximum operation in Respondent's RCRA permit
pressure of each tanker and tank wagon. subsequent to the facility's
restructure.

a. Work plan Within 30 days of NYSDEC's

determination that a tanker and/or
tank wagon will remain in
Respondent's RCRA perrnit.

b. lmplement work plan Within 30 days of

NYSDEC approval of the work
plan.

7 Tank Evaluations. a. Respondent must submit an engineering report and This requirement applies to any
updated P&lDs (if necessary) to the NYSDEC as follows tank system that is determined by
NYSDEC to remain in MPM's
RCRA permit subsequent to the
facilitv's restructu re.
1. Draft engineering report, with an implementation schedule, Within 270 days of NYSDEC's
including a review of all permitted hazardous waste tank determination that a tank systern
volume calculations; tabulation and confirmation of the will remain in MPM's RCRA
accuracy of all components factored into the tank volume permit.
calculations, including instrument calibrations and corrections
for specific gravity; field verify the location of the level
instruments, and confirm the interlock and level switch
settings are correct; and identify the tanks with internal liners
or coatings and include a PE certification that the liners or
coatings are chemically compatible with the waste streams
stored in each tank system.

2. Final Engineering Report Within 30 days of

NYSDEC approval of the draft
engineering report.

3. Respondent must submit the final engineering report and Within 30 days of
all PE stamped drawings including updated P&lD's (if NYSDEC approval of the final
necessary) to incorporate by reference into this Order.: engineering report.

4. Records required by 6 NYCRR373-2.10(c)(7) Within 270 days of NIYSDEC's

determination that a tank system
will remain in MPM's RCRA
permit.

b. Respondent must submit an engineering report to This requirement applies to any

NYSDEC as follows. tank systern that is deternnined by
NYSDEC to be a 90-day
hazardous waste storage tank
system subsequent to the facility's
restructure.
 1. Draft engineering report, with an implementation schedule, Within 30 days of NYSDFC's
including a review of all 90 day hazardous waste tank volume determination that a tank system
calculations; tabulation and confirmation of the accuracy of all will be managed as a 90-day
components factored into the tank volume calculations, hazardous waste storage tank
including instrument calibrations and corrections for specific subsequent the faciliiy's
gravity; field verify the location of the level instruments, and restructure.
confirm the interlock and level switch settings are correct; and
identify the tanks with internal liners or coatings and include a
PE certification that the liners or coatings are chemically
compatible with the waste streams stored in each tank
system.

2. Final Engineering Report. Within 30 days of

NYSDEC approval of the draft
engineerinE report.

3. Records required by 6 NYCRR 373-3.10(c)(7) Within 30 days of NYSDEC's

determination that a tank system
will be managed as a 90-day
hazardous waste storage tank
subsequent the facility's
restructure.
8 Tank Systems Respondent must include the following items in each closure This requirement applies to all
plan submitted to the NYSDEC: permitted and 90-day hazardous
A closure plan for each tank system must detail how the tank waste tank systems that will be
system and hazardous waste ancillary equipment (HWAE) closed dur.ing the facility's
will be cleaned, how the tank and HWAE will be managed, restructure.
and a decision regarding the final closure of the tank's
secondary containment system. lf final closure of the tank
secondary containment system is chosen, MPM must detail
how the system will be managed and provide any necessary
 sampling plans to address the subsuñace area under and
around the containment systern.
I Authorized transfer a. Respondent must submit the following items to the
areas. NYSDEC:

1. Draft engineering report that identifies all authorized Within 180 days of the effective
transfer areas and how they will be managed (e.g., permitted, date of thís order.
closed, andior converted to live-load or 90-day storage areas)
during and subsequent the facility's restructure. The report
must specify how tankers and tank wagons storing hazardous
waste at these locations will comply with the RCRA air
emission requirements and identify any potential waste
incompatibi lity concerns.

2. Final Engineering Report Within 30 days of

NYSDEC approval of the draft
engineering report.

b. Respondent must include the following items in each

closure plan submitted to the NYSDEC:

A closure plan for each transfer station must detail how each
unit will be cleaned and how any waste generated during
cleaning will be managed. Respondent must detail how the
unit will be managed (demolished and removed, cleaned and
left in place, ...) and provide any necessary sampling plans
to address the subsurface area under and around the
containment svstem.
1 0 Professional PE Assessments This requirement applies to any
Engineer (PE) unit that is determined by
Requirements for NYSDEC to remain in the
Tank System, Respondent's RCRA permit
Secondary
 Containment, and subseq uent the facility's
Miscellaneous Unit restructure.
Assessments. Respondent must use a PE, or a certified independent
inspector working directly under the PE and within the same Within 30 days of NYSDEC's
organizational structure, to perform the assessments determination that a unit wili
prescribed by its Par|373 Permit unless an alternate remain in the Respondent's RCRA
arrangement is approved by the Department prior to new permit.
submittals.
A
{ 1 Drain Lines and Respondent must provide at least a 24-hour notification, lmmediateiy
l-eachate Transfer excluding weekends and holidays, to the NYSDEC's
System (LTS). environmental monitor and/or the Department project
manager prior to any activity that requires Respondent to plug
a drain line subject to its Part 373 Permit or plug the LTS. ln
the case of an emergency or circumstances beyond
Respondent's control, Respondent shall notify the
Department within 24 hours of event start.
1 2 Third Party Audit Respondent must fund an independent consultant retained at Within 180 days of the effective
Respondent's expense and approved by NYSDEC, to date of this order.
conduct a RCRA compliance audit of the facility in
accordance with the procedures for conducting a RCRA
compliance audit contained in Respondent's RCRA Permit
Condition E.1 of Exhibit A, Supplement to Module I - General
Provisions.
4
I J Financial Respondent must increase the facility's current financial Within 180 days of the effective
Assurance assurance by $1,000,000.00 in accordance with date of this order.
Respondent's RCRA Permit Condition C.2, footnote 2, of
Schedule 1 of Module l. Respondent's 2016 Landfill 2
lnspection and Destructive Testing Final Report dated
December 8,2016 proposed the replacement of the existing
cover system with an in-kind HDPE liner in Option 1 of the
report.
 Condition C.2, footnote2, of Schedule 1 of Module I states
the following:

"Alternatively a replacement of the existing cover system with

an in-kind HDPE liner may be proposed, however, such
proposal will require an increase in financial assurance
provided for this permit of $1,000,000 due to the expectation
that such HDPE liner will require replacement in less than 30
years."
4.Á
tT Revised RCRA Respondent must submit a redline and clean copy of its Within 90 days of the facility
permit renewal RCRA permit renewal application with all documents completing its restructure or by a
application and incorporated by reference to NYSDEC. specified date as directed by
documents NYSDEC.
incorporated by
reference.
 Appendix B

MPM's Notification and Part 373 Permit Modification Requests Associated with
Restructuring the Facility

MPM SILICONES, LLC

CASE NO. CO 5-20170117-s

1-9lPa¡¡r,r
 Appendix B
Order on Consent # CO 5-20170117-5

MIPM's Notification and Pad 373 Permit Modification Requests Associated with Restructuríng the Facility

Momentive Performance Materials, lnc

DEC Permit No. 5-4154-00002/00357
EPA lD No. NYD002080034

fl{o Submittal Description Action

1 MPM's Waterford MPM's formal notification to NYSDEC of its intent to NYSDEC will review tl-ris submittal
Restructure - HWMU cease operating a significant portion of the site's pursuant to Section l, B. of ihe
Closure Notification chemical operations, consumer sealants business, and Order and respond accordingly.
letter dated December waste treatment facilities. Í\YSDEC will try to accommodate
1,2020. MPM's priority rankinE for each
item to be reviewed, and the
review tirnefrarne will be
dependent on the level of
environmental mon itoring
services.

2 MPM's December 1, Minor Permit Modification request to manage a different NYSDEC wiil review this submittal
2020 minor permit waste stream in Tanks 284 & 2BB. pursuant to Section l, B. of the
modification request Order and respond accordingly.
associated with Tanks NYSDEC will try to accommodate
28A & 288. MPM's priority ranking for each
item to be reviewed, and the
review timeframe will be
dependent on the level of
environmental rnonitoring
services.
3 MPM's December 1, Minor Permit Modification request to install new piping NYSDEC will review this submittal
2020 minor permit from Building 24 to Tank 538 for the transfer of APS pursuant to Section l, B. of the
modification request waste from the process area to the tank. Order and respond accordingly.
associated with Tank NYSDEC will try to accommodate
538. MPM's priority ranking for each
item to be reviewed, and the
review tirneframe will be
dependent on the level of
environmental monitorinE
services.
,A
MPM's December 1, Major Permit Modification request to add a new waste NYSDEC will review this submittal
2020 major permit stream to the Building 23 Transfer Station. pursuant to Section l, B. of the
modification request Order and respond accordingly.
associated with Building NYSDEC will try to accommodate
23 Transfer Station. MPM's priority ranking for each
item to be reviewed, and the
review timeframe will be
dependent on the level of
environmental monitoring
services.
q MPM's December 1, Major Permit Modification request to increase the NYSDEC will review this submittal
2020 major permit secondary containment capacity of the Tank 538 Transfer pursuant to Section l, B. of the
modification request Station. Order and respond accordingly.
associated with the NYSDEC will try to accommodate
Tank 538 Transfer MPM's priority ranking for each
Station. item to be reviewed, and the
review timeframe will be
dependent on the level of
environmental monitoring
services.
A MPM's December 1, Major Permit Modification request to increase the NYSDEC will review this submittal
2020 major permit secondary containment capacity of the Building 78 pursuant to Section l, B. of the
modification request Transfer Station, Order and respond accordinqlv.
 associated with the NYSDEC will try to accommodate
Building 78 Transfer MPM's priority ranking for each
Station. item to be reviewed, and the
review timeframe will be
dependent on the level of
environmental monitoring
services.
7 MPM's December 3, Major Permit Modification request for a change in NYSDEC will review this subrnittal
2020 major permit management practices for multiple units at the MPM pursuant to Section l, B. of the
modification request facility. Order and respond accordingly.
associated with tank NYSDEC will try to accommodate
system management MPM's priority ranking for each
and the site's permitted item to be reviewed, and the
transfer stations. review timeframe will be
dependent on the levei of
environmental mon itoring
services.
I MPM's April 23, 2019 Minor Permit Modification to replace the current NYSDEC will review this submittal
minor permit ultrasonic gap type level switches on Tanks 539 A/B with pursuant to Section l, B. of the
modification request tuning fork type switches and to replace the existing Order and respond accordingly.
(revised on November continuous level transmitters. NYSDEC will try to accommodate
5,2019) associated MPM's priority ranking for each
with Tanks 5394 and item to be reviewed, and the
5398 review timeframe will be
dependent on the level of
environmental monitoring
services.
I MPM's April 23, 2019 Major Permit Modificatioil to reduce the current pressure NYSDEC will review this submittal
major permit rating of Tank 539 A from +75 psig with full vacuum to pursuant to Section l, ts. of the
modification request approximately +567-1 3 psig. Order and respond accordingly.
(revised on January 8, NYSDEC will try to accommodate
2020) to reduce the MPM's priority ranking for each
item to be reviewed, and the
current pressure rating review tirnefrarne wiil be
of T-539 A dependent on the level of
environmental monitoring
services.
 Appendix C

lcoNTACT PERSON DESIGNATED WITHIN ORDERI

Department of Environmental Conservation
[ADDRESS]
[ADDRESS]

RE Order on Consent, Case No. CO 5-20170117-5

NOTICE OF COMPLETION

To whom it may concern,

ln accordance with Appendix A of the above referenced Order on Consent I

with business offices at , acting in

my official capacity at MPM Silicones, LLC provide notice to the Department that the

following milestones listed in Compliance Schedule, Appendices A and B of the Order,

-
have been completed. I am aware that there are significant penalties for knowingly

submitting false information, including the possibility of a penalty or fine.

By [Signature]

Name [Print]

Date

On this day of 2021, before me personally came to me known, who being by

me duly sworn, did depose and say that (s) he resides in that (s)
he is the of the company described in, and who executed the
foregoing instrument, and acknowledged that (s) he signed his/her name thereto by
order of the board of directors of said company.

Notary public

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