Document 2JNe4vkO4QZ3ZqDoQR3yn0kmb

NORTHERN KENTUCKY OFFICE SUITE 340 1717 DIXIE HIGHWAY COVINGTON, KENTUCKY 41011-4704 SOS-331-2S3S 513-3S1-2S3S FAX: 513-381-6613 DAYTON, OHIO OFFICE SUITE 900 110 NORTH MAIN STREET DAYTON, OHIO 45402-1786 937-22B-2S3S FAX: 937-228-2616 Robert A, Bilott (513) 357-9638 bilott@taftlaw.com TAFT, STETTINIUS & HOLLISTER LLP 425 WALNUT STREET, SUITE 1800 CINCINNATI, OHIO 45202-3957 513-381 -2838 FAX: 513-381-0205 www. taftlaw. com CLEVELAND, OHIO OFFICE 3500 BP TOWER 200 PUBLIC SQUARE CLEVELAND, OHIO 44114-2302 216-241-2838 FAX: 216-241-3707 COLUMBUS, OHIO OFFICE 21 EAST STATE STREET COLUMBUS, OHIO 43215-4221 614-221-2638 FAX:614-221-2007 /9S May 12,2005 FEDERAL EXPRESS Dr. Charles M. Auer USEPA 1201 Constitution Avenue, N.W. Room 3166A Washington, DC 20004 Jennifer Seed USEPA 1201 Constitution Avenue, N.W. Room 6334A Washington, DC 20004 James Kelly, M.S. Health Assessor Site Assessment and Consultation Unit Environmental Health Division Minnesota Department of Health 121 E. 7th Place, Suite 360 St. Paul, MN 55164 Mary Ellen Weber USEPA 1201 Constitution Avenue, N.W. Room 5124A Washington, DC 20004 Mary Dominiak USEPA 1201 Constitution Avenue, N.W. Room 441 OS Washington, DC 20004 r-o " 5 IZ. co "1 Fo rv> o Re: Perfluorochemical Residential Exposure Data For Washington Countv. Minnesota Ladies and Gentlemen: We serve as counsel for Plaintiffs in a lawsuit that is currently pending against the 3M Company in State Court in Minnesota involving claims arising from exposures to perfluorochemicals released by or otherwise attributable to 3M. The lawsuit is styled, Palmer, et. al. v. 3M Company (Minn. Dist. Ct. Court File No. C2-04-6309). 3M owns and operates a manufacturing facility in Cottage Grove where various perfluorochemicals, including PFOS and PFOA, were manufactured, released, and disposed for several decades. In the context of W0438333.1 / Dr. Charles M. Auer Mary Ellen Weber Jennifer Seed Maiy Dominiak James Kelly May 12,2005 Page 2 Plaintiffs' investigation of their claims, Plaintiffs' counsel arranged for sampling of private water wells and soil in the vicinity of 3M's Cottage Grove operations, along with blood sampling of individuals residing in areas that may have been impacted from perfluorochemical wastes attributable to 3M's Cottage Grove operations. In recognition of the potential threat to human health and the environment revealed by this data, and in response to USEPA's prior public requests for perfluorochemical monitoring data, we are providing copies of this initial round of data to you for inclusion in USEPA's Administrative Record 226 and OPPT-2003-0012. The PFOS and PFOA results for the serum, whole blood, water, and soil samples collected and analyzed to date on behalf of Plaintiffs are summarized below. Please note that all results were provided by Axys Analytical Services LTD in Canada and were obtained, arranged for, and paid for without any involvement by 3M. I. PFOA7PFOS SERUM/WHOLB BLOOD DATA The following charts present summaries of the PFOA and PFOS serum and whole blood data collected from residents of Washington County, Minnesota. Please note that whole blood results were obtained for only 2 of the individuals tested (as indicated in the chart). We have grouped the available serum and whole blood data by drinking water source. The first chart (Chart A) summarizes the blood data obtained from individuals consuming drinking water provided by the City of Oakdale, Minnesota, where recent testing has confirmed PFOS in 2 of the City's water supply wells in levels exceeding the State of Minnesota's recommended Health Based Value of 1 part per billion (1 ppb), and levels of PFOA just below 1 ppb. (See AR-226-1929, 1933, and 1935) 3M has reported detecting PFOS in tap samples collected from a 3M/Dyneon facility in Oakdale as high as 0.9 ppb and PFOA as high as 0.8 ppb. (See AR-226-1934) The second chart (Chart B), summarizes blood data obtained from individuals whose drinking water is provided by either the City of Lake Elmo, Minnesota, the City of Cottage Grove, Minnesota, or the City of Hastings, Minnesota, where it has been reported that the levels of both PFOS and PFOA in those municipalities' water supplies are either not-detectable or below quantification levels, (See AR-226-1929, 1931, and 1932. See also Exhibit A) In regard to Hastings water, 3M has reported having detected PFOA in a municipal water supply well W0438333.1 Dr. Charles M. Auer Mary Ellen Weber Jennifer Seed Mary Dominiak James Kelly May 12, 2005 Page 3 above the detection limit of 0.025 ppb but below the laboratory quantification limit of 0.05 ppb. (See AR-226-1929 and 1931) The third chart (Chart C), summarizes data obtained from individuals consuming drinking water from private wells, the vast majority of which have not yet been analyzed for perfluorochemicais. To the extent information is available regarding the level of perfluorochemicals actually detected in the specific private well providing water to the individuals whose blood was sampled, that information is provided in Chart C. Maps showing the general residential location of those whose blood was sampled are attached at Exhibit B. The lab results for each of the serum and whole blood results are attached at Exhibit C. For privacy reasons, the names, addresses, and specific ages of each of those sampled are not provided with this submission. Also enclosed at Exhibit A are copies of materials, including materials distributed by the Minnesota Department of Health ("MDH"), discussing the levels of perfluorochemicals recently detected by MDH in the City of Oakdale municipal water supply and private Lake Elmo area wells, including detections of PFOS in both private and public water supply wells in levels exceeding the State's current recommended Health Based Value of 1 ppb for PFOS in water. We understand that MDH already is arranging for users of some of the contaminated private wells to begin receiving bottled water and water treatment. (See Exhibit A) SEX M F M M F F W 0438333.1 CHART A - OAKDALE CITY WATER CUSTOMERS AGE PFOA inr>b) PFOS innbl YEARS ON WATER 41-50 51-60 >70 >70 41-50 51-60 121.0 117.0 82.3 78.6 77.5 74.9 109.0 91.8 118.0 112.0 78.4 61.1 N/A >30 N/A >30 N/A 20-30 3 Dr. Charles M. Auer Mary Ellen Weber Jennifer Seed Mary Dominiak James Kelly May 12, 2005 Page 4 SEX AGE F >70 F 61-70 M 61-70 F 61-70 F 41-50 M 51-60 M 41-50 M 61-70 F 18-30 M 51-60 F 51-60 M 41-50 M 51-60 F 18-30 F 51-60 F <18 F 61-70 F 18-30 N/A=data not available W0438333.1 PFOA iDDbl PFOS (DDbi 69.3 102.0 59.9 71.0 58.7 61.7 58.3 68.1 57.8 70.4 44.6 60.4 44.1 55.2 39.8 46.5 38.8 47.6 37.1 51.1 33.2 59.5 32.1 57.6 24.5 37.2 23.1 29.2 22.2 46.1 19.1 42.9 6.96 22.6 6.09 17.7 YEARS ON WATER >30 N/A <10 20-30 20-30 10-20 <10 20-30 20-30 >30 10-20 10-20 10-20 20-30 20-30 10-20 >30 10-20 Dr. Charles M. Auer Mary Ellen Weber Jennifer Seed Mary Dominiak James Kelly May 12, 2005 Page 5 CHART B - LAKE ELMO/COTTAGE GROVE/ HASTINGS CITY WATER CUSTOMERS SEX AGE PFOA ionbi PFOS fDDbl YEARS ON WATER F 51-60 F N/A M 31-40 M 31-40 M >70 F 51-60 M 51-60 F N/A p* * 51-60 * = whole blood analysis former 3M employee N/A=data not available 42.3 6.9 6.78 (4.22*) 6.13 4.34 4.10 3.89 3.36 2.21 49.5 19.6 10.5 (7.95*) 13.5 14.0 17.3 21.2 21.4 7.88 <10 N/A 10-20 >30 >30 10-20 10-20 N/A >30 CHART C - WASHINGTON COUNTY PRIVATE WELL USERS 1. Lake Elmo Area Private Wells SEX AGE PFOA (ppb) PFOS (PPj?i YEARS ON WATER PFOA IN WATER PFOS IN WATER M 41-50 W0438333.1 45.7 19.7 20-30 N/A N/A <5 Dr. Charles M. Auer Mary Ellen Weber Jennifer Seed Mary Dominiak James Kelly May 12, 2005 Page 6 SEX AGE PFOA fppb) PFOS (ppb) YEARS ON WATER PFOA IN WATER PFOS IN WATER F 51-60 24.0 M N/A 16.4 F 41-50 15.7 F >70 14.3 M 61-70 12.1 M 18-30 7.56 M 61-70 6.95 M 51-60 6.78 M 61-70 6.1 M 51-60 5.35 F 41-50 3.14 F 61-70 2.4 N/A=:data not available 17.0 22.1 9.27 8.90 9.78 17.3 43.1 21.0 43.7 20.4 11.2 12.0 >30 N/A 10-20 >30 >30 20-30 20-30 20-30 >30 N/A N/A >30 > Cottaee Grove/Hastines Area Private Wells N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A SEX AGE PFOA (PPbl PFOS (pj>b)_ YEARS ON WATER PFOA IN WATER DDbl PFOS IN WATER i s m ___ M** >70 19.7 108.0 20-30 N/A N/A W043S333.1 c Dr. Charles M. Auer Mary Ellen Weber Jennifer Seed Mary Dominiak James Kelly May 12, 2005 Page 7 SEX AGE PFOA (pub) PFOS iDDb) YEARS ON WATER PFOA IN WATER iBPbl_ PFOS IN WATER (PPb)___ F 31-40 17.1 16.9 F 61-70 7.38 32.5 F 51-60 9.12 42.8 M >70 6.42 32.5 F 41-50 4.97 16.3 F 41-50 4.68 12.0 F <18 3.87 15.8 F N/A 3.54 (2.98*) 8.51 (8.3*) F 41-50 3.39 14.9 M <18 2.83 14.8 M 41-50 2.01 22.4 *^11016 blood analysis **=former 3M employee N/A=data not available ND=not detected <10 >30 20-30 >30 20-30 <10 <10 N/A >30 <10 <10 0.02 N/A N/A N/A 0.003 N/A N/A N/A N/A N/A 0.004 ND N/A N/A N/A ND N/A N/A N/A N/A N/A ND II. PRIVATE WATER WELL DATA Attached at Exhibit D are the private water well water results obtained to date. For privacy reasons, the specific addresses and names of the owners of the wells tested have been redacted. A map showing generally where the wells are located is attached at Exhibit E. W0438333.1 Dr. Charles M. Auer Mary Ellen Weber Jennifer Seed Mary Dominiak James Kelly May 12, 2005 Page 8 III. PRIVATE PROPERTY SOIL RESULTS Attached at Exhibit F are the private property soil results obtained to date. For privacy reasons, the specific addresses and names of the owners of the properties tested have been redacted. A map showing generally where the soil results were obtained is attached at Exhibit G. Very truly yours, Robert A, Bilott RAB/mdm Attachments cc; Gale D. Pearson, Esq. (w/ attachments) Stephen J. Randall, Esq. (w/ attachments) Rhon E. Jones, Esq. (w/ attachments) J. Mark Englehart, Esq. (w/ attachments) David B. Byrne III, Esq. (w/ attachments) R, Edison Hill, Esq. (w/ attachments) Larry A. Winter, Esq. (w/ attachments) W0438333.1 8