Document dQgvkMB9kM2XDGxVb9Zq75E9q

NORTHERN KENTUCKY OFFICE SUITE 340 1717 01X16 HIGHWAY COVINGTON. KENTUCKY 41011-4704 606-331-2838 513-381-2838 FAX: 513-381-6613 Robert A. Bilott (513) 357-9638 bilott@taftlaw.com f R & o l6 _ I & If- 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 614-221-2838 FAX. 514-221-2007 July 22, 2002 TELECOPY Janet E. Sharke, Esq. (3EC00) U.S. Environmental Protection Agency-Region III Office Of Enforcement, Compliance and Environment Justice (Mail Code 3EC00) 1650 Arch Street Philadelphia, PA 19103-2029 Lillian Pinzon, Esq. (C-14J) U.S. Environmental Protection Agency Region V 77 West Jackson Blvd. Chicago, IL 60604-3590 Re: Request To Speak With USEPA/ATSDR Members Of CAT Team Regarding C-8 Issues____________________________________ Dear Ms. Sharke and Ms. Pinzon: As you are aware, we have asked on several occasions for the opportunity to speak with USEPA's and ATSDR's representatives to the C-8 Assessment of Toxicity Team ("CAT Team") established under the Consent Order between E.I. duPont de Nemours and Company ("DuPont") and the State of West Virginia. The CAT Team met in Cincinnati on May 6-7, 2002, for the purposes of selecting "screening levels" for C-8 in environmental media and announced "screening levels" for C-8 in air and soil later that week. As of today's date, we have not received any confirmation from you that we may proceed with discussions with any of USEPA's or ATSDR's representatives to the CAT Team. We now understand, based upon recent communications from USEPA, that it has not yet approved any such informal discussions between our law firm and any of the USEPA or ATSDR representatives, given that our law firm currently represents Plaintiffs in litigation against DuPont on C-8 issues. We also understand that there has been no d e cOisUi^Fv iAlpJ wj\hJe(t)heQr tghe| USEPA 000144 Janet E. Sharke, Esq. Lillian Pinzon, Esq. July 22, 2002 Page 2 or ATSDR will agree to comply with any subpoena issued to obtain the testimony of the USEPA or ATSDR CAT Team members on these issues in connection with the litigation now pending in State Court in West Virginia. Please confirm as soon as possible, in writing, whether USEPA or ATSDR will agree to either: (1) allow us to speak informally with any of the USEPA or ATSDR members of the CAT Team with respect to C-8 issues; or (2) agree to produce any of the USEPA or ATSDR CAT Team members for a formal deposition to discuss such matters, in addition to agreeing to respond to a subpoena for documents possessed in connection with the C-8 issues. Thank you. RAB/mdm cc: R. Edison Hill, Esq. Larry A. Winter, Esq. 000145