Document npnMKBGZ4NzeVVBbENd0vvZa8

ARJUlG - 1171 CONSENT ORDER ISSUED PURSUANT TO ARTICLES 5 and 12, CHAPTER 22 AND ARTICLE 1, CHAPTER 16 OF THE WEST VIRGINIA CODE. TO: E. I. DU PONT DE NEMOURS AND COMPANY DATE: November 14,2001 2003 JAN i 5 A H 1 M 3 West Virginia Department of Environmental Protection O rder No. GWR-2001-019 West Virginia Department of Health and Human Resources This CONSENT ORDER is issued by the Director o f the Division o f Water Resources and Director o f the Division o f Air Quality, West Virginia Department o f Environmental Protection, and the Commissioner o f the Bureau for Public Health, West Virginia Department of Health and Human Resources, pursuant to the authority set forth in more detail below. I. INTRODUCTION OF PARTIES. This Consent Order is entered into by and between the West Virginia Department of Environmental Protection [WVDEP], the West Virginia Department of Health and Human Resources - Bureau for Public Health [WVDHHR-BPH], and E. L du Pont de Nemours and Company [DuPont][colIectively referred to as the `Tarries"]. H. PURPOSE OF CONSENT ORDER. This Consent Order sets forth a series of tasks to be performed by the Parties in order to determine whether there has been any impact on human health and the environment as a result of releases of ammonium perfluorooctanoate [C8], CAS Number 3825-26-1, to the environment from DuPont operations. 'C8 is a material used by DuPont in its fluoroproducts manufacturing process at its Washington Works facility located at Washington, Wood County, West Virginia. C8 is not identified as a hazardous substance, hazardous waste or otherwise specifically regulated under West Virginia or federal statute or regulation. This Consent Order has been negotiated in good faith and the actions undertaken by DuPont pursuant to this Consent Orda- do not constitute an admission o f any liability on its part. DuPont retains the right to controvert in any other proceedings, other than proceedings to implement or enforce this Consent Order, the validity o f the findings o f fact and conclusions of law set forth herein. DuPont agrees to comply with and be bound by the terms o f this Consent Order and further agrees in any proceeding to implement or enforce this Consent Order that it 1 CONTAI 000008 _ EID152937 STB000315 will not contest the validity o f this Consent Order or the jurisdiction of WVDEP and WVDHHRBPH to issue it. III. DEFINITIONS. Whenever the terms identified below are used in the Consent Order or in any exhibit or attachment hereto, the following definitions shall apply: 1. "The Agencies" shall mean the Department o f Health and Human Resources, Bureau for Public Health and the Department o f Environmental Protection, including the Divisions of Air Quality and Water Resources. 2. "C8" shall mean the chemical compound ammonium perfluorooctanoate. 3. "Detection Limit" means the lowest analytical level that can be reliably achieved within specified limits o f precision and accuracy under routine laboratory conditions for a specified matrix. It is based on quantitation, precision and accuracy under normal operation of a laboratory and the practical need in a compliance-monitoring program to have a sufficient number o f laboratories available to conduct the analyses. 4. Order. "Effective Date" shall mean the date set forth in Section XVII o f this Consent 5. "EPA" shall mean the United States Environmental Protection Agency. 6. "Force Majeure" shall mean conditions or circumstances beyond the reasonable control o f DuPont which could not have been overcome by due diligence and shall include, without limitation, acts o f God, action or inaction o f governmental agencies, or administrative or judicial tribunals or other third parties, or strikes or labor disputes (provided, however, DuPont shall not be required to concede to any labor demands), which prevent or delay DuPont from complying with the work plan. 7. "Groundwater Monitoring Well" shall mean any cased excavation or opening into the ground made by digging, boring, drilling, driving, jetting, or other methods for the purpose o f determining the physical, chemical, biological, o r radiological properties o f groundwater. The term "monitoring well" includes piezometers and observation wells, which are installed for purposes other than those listed above, but does not include wells whose primary purpose is to provide a supply o f potable water. 8. "Groundwater Well" or "Well" shall mean any drilled o r excavated groundwater collection system that supplies water for public, private, industrial, or agricultural use and shall include drinking water wells. As used in this Consent Order, this term applies only to wells 2 000009 EID152938 STB000316 located in West Virginia 9. "Reimbursable Costs" shall mean costs attributable (on an hourly basis) to the work o f Dee Ann Staats, PhJD. in the negotiation and implementation o f this Consent Order, the costs attributable to any other participants on the C8 Assessment o f Toxicity Team, as described in Attachment C to this Consent Order, who are serving in that position as contractors to WVDEP, costs incurred by WVDEP in connection with the public meetings described in Attachment C, and costs attributable to any contractor retained at the direction o f the Groundwater Investigation Steering Team (GIST). 10. "Washington Works" shall mean the manufacturing facility owned by DuPont and located in Washington, Wood County, West Virginia, as depicted on Exhibit 1 to this Consent Order. 11. "The Facilities" shall mean the Washington Works and the Local Landfill, depicted on Exhibit 1, the Letart Landfill, depicted on Exhibit 2, and the Dry Run Landfill, depicted on Exhibit 3. 12. "Reference Dose" or "RfD" shall mean an estimate (with uncertainty spanning perhaps an order of magnitude or greater) of a daily exposure level for the human population, including sensitive subpopulations, that is likely to be without an appreciable risk o f deleterious effects during a lifetime. Chronic RfDs are specifically developed to be protective for long-term exposure to a compound. 13. "Screening Level" shall mean the concentration in a specific media such as air, water, or soil, that is likely to be without an appreciable risk o f deleterious effects during a lifetime in the human population. IV. WAIVER OF RIGHTS. DuPont waives any and all rights it may have to appeal or challenge the validity or requirements o f this Consent Order, and shall not challenge the jurisdiction o f the Agencies to issue this Consent Order. This Consent Order applies to and is binding upon the Parties, and their successors and assigns. V. FINDINGS OF FACT. 1. C8 is a chemical substance which has no established state or federal effluent or emission standards. 2. C8 is a perfluorinated surfactant manufactured by the 3M Company and others. 3 000010 EID152939 STB000317 Since the early 1950's C8 has been used by DuPont in its fluoropolymer-related manufacturing processes at its Washington Works facility, located in Wood County, West Virginia. 3. Residues containing C8 from fluorppolymer manufacturing processes at Washington Works are or have been released to the air, discharged to the Ohio River, disposed of at the Facilities, and otherwise shipped off-site for destruction and/or disposal. DuPont also captures for recycle a significant portion o f used C8. 4. No permits issued to DuPont authorizing releases of pollutants to the environment contain specific limitations on the amount o f C8 that may be released to the environment. However, C8 releases are addressed more generally in WVDEP Division o f Air Quality permits as particulate matter, PMio (particulate matter with an aerodynamic diameter less than or equal to 10 microns), or as a volatile organic compound. 5. Since as early as 1990, DuPont has performed regular, voluntary water sampling to detect the presence and level o f C8 in and around certain o f its Facilities in West Virginia and has reported the results o f this sampling to various government agencies. Currently, DuPont also samples and reports C8 concentrations in water as required by permits issued by WVDEP and EPA. 6. As a result of DuPont's sampling, C8 has been detected in varying concentrations in and around certain o f its Facilities in West Virginia, including private drinking water wells and public water supplies. 7. Analyses of water samples have reported levels o f C8 in the Lubeck Public Service District ("LPSD") drinking water supply. 8. DuPont, by and through its use o f C8 in the fluoropolymer manufacturing process, is the likely source o f C8 presence in and around certain of its Facilities in West Virginia. 9. Along with environmental sampling for C8, DuPont has performed and participated in multiple studies examining the potential effects o f C8 exposure on human health and the environment. 10. Studies performed by DuPont and 3M have determined that C8 in sufficient doses, i.e., considering both amount and duration o f exposure, is toxic to animals through ingestion, inhalation and dermal contact Studies have also found that C8 is persistent in humans and the environment. 11. Although DuPont has collected a large amount o f data on the presence of C8 in the environment, the Agencies believe that additional information will assist them in delineating the extent and concentrations o f C8 in the environment at or near the Facilities. Available data collected by DuPont indicates that C8 is present in the surface and groundwater at the Letart and 4 000011 EID152940 STB000318 Dry Run Landfills and at or near the Washington Works facility. 12. WVDEP and WVDHHR-BPH have determined that it is desirable to ascertain the source of drinking water for persons potentially exposed to C8 in groundwater or surface waters in the area o f the Facilities. 13. EPA, WVDEP, and WVDHHR-BPH, in consultation and cooperation with one another, have requested, and DuPont has submitted, information and documents relating to the detection and presence o f C8 in and around the Facilities and documents with respect to the human health studies being performed related to C8 exposure. 14. Based upon information submitted by DuPont and reviewed to date by EPA, WVDEP, and WVDHHR-BPH, the Agencies believe that additional data would assist in their evaluation o f whether the ground and surface waters now containing C8 have a complete exposure pathway to humans and whether persons in and around the Facilities are at risk of adverse health effects from C8 exposure. 15. There have been no independent governmental or non-industrial studies performed on the human health effects of C8 exposure for the purpose o f establishing an exposure standard for C8 applicable to the general public. 16. The Agencies have concluded that full site and health assessments are necessary to ascertain the extent and level o f C8 concentrations in the environment and to assist them in determining whether C8 presents any possible danger to the public. DuPont has agreed to participate and assist in this effort 17. The fluoropolymers industry has committed to EPA to reduce total actual C8 emissions for either the year 1999 or the year 2000 by 50 percent within three to five years of each company's commitment date. DuPont committed to this goal in 2000. 18. DuPont installed, in March 2001, a filter and carbon treatment system at its Washington Works facility that is demonstrating removal efficiency o f 90-95% o f the C8 in its major C8-containing wastewater stream. VI. AUTHORITY TO ISSUE CONSENT ORDER. 1. The WVDEP is the state agency vested with the authority to protect the environment in West Virginia. 2. Article 12, Chapter 22 of the West Virginia Code, the Groundwater Protection Act, grants to the WVDEP the authority to protect the State's groundwater from any contaminant 5 000012 EID152941 STB000319 and, where contaminated groundwater is found, to institute a civil action or issue an order requiring that groundwater be remediated. 3. Article 5, Chapter 22 o f the West Virginia Code, the Air Pollution Control Act, grants to the WVDEP the authority to protect the State's air from pollutants and to institute a civil action or issue orders to enforce the statute. 4. The WVDHHR-BPH is the state agency vested with the authority to regulate and protect drinking water supplies in West Virginia. 5. Article 1, Chapter 16 of the West Virginia Code, grants to the WVDHHR-BPH the authority to protect the public drinking water supply o f the state and to perform all investigation necessary to assure its purity and safety, and further grants to the WVDHHR-BPH the authority to institute actions and issue orders to restore the purity o f said water supply. VD. REQUIREMENTS OF CONSENT ORDER The Agencies have concluded that it is o f great importance to have sufficient data upon which to determine the scope and potential risk o f the presence o f C8 in the environment in and around the Facilities. Therefore, the Agencies require the following: A. Establishment o f Groundwater Investigation Steering Team. 1. A "Groundwater Investigation Steering Team" (GIST) shall be established with members o f the team consisting o f WVDEP, WVDHHR-BPH, EPA Region III, and DuPont The WVDEP representative will be the team leader. The objectives and specific tasks o f the team are set forth in full in Attachment A of this Consent Order. However, the primary purpose o f the GIST will be to oversee an expeditious, phased approach to fulfilling the majority o f the requirements set forth in Sections A through C. The work performed with oversight from the GIST shall be funded by DuPont in accordance with Section VIH of this Consent Order. 2. Upon conclusion of key milestones in the tasks set forth in Attachment A, the GIST shall issue interim or final reports setting forth findings of fact and conclusions regarding background data, groundwater monitoring, and plume identification as described in Attachment A. Any groundwater monitoring plan developed pursuant to Attachment A shall survive the termination o f this Consent Order and shall be incorporated as a minor permit modification for the Facilities. DuPont reserves the right to request modification o f the plans upon renewal o f the Facilities' permits. B. National Pollutant Discharge Elimination System Requirements. 6 000013 EID152942 STB000320 1. Except as occasioned by no-flow conditions, DuPont shall perform monthly sampling for C8 at the Local Landfill at certain outfalls identified in West Virginia/National Pollutant Discharge Elimination System ("WV NPDES") Permit No. 0076538 as Outfalls 101, 004 and 005. 2. Except as occasioned by no-flow conditions, DuPont shall perform monthly sampling for C8 at the Washington Works facility at certain outfalls identified in WV NPDES Permit No. WV0001279 as Outfalls 001, 002,003,005, 007, and 105. 3. Except as occasioned by no-flow conditions, DuPont shall perform monthly sampling for C8 at Dry Run Landfill at all outfalls identified in its WV NPDES Permit No. WV0076244. 4. Except as occasioned by no-flow conditions, DuPont shall perform monthly sampling for C8 at Letart Landfill at all outfalls identified in its WV NPDES Permit No. WV0076066. 5. With respect to the requirements o f paragraphs VHB.l through VB.B.4, all sampling shall be performed pursuant to established EPA guidelines, where applicable, and results shall be delivered to the WVDEP within thirty days of receiving such results. DuPont shall record and report all attempts to sample under no-flow conditions. 6. Within 90 days o f the Effective Date o f this Consent Order, DuPont agrees to obtain a sample from each surface or alluvial water intake for public water supplies along the Ohio River in the area extending ten river miles downstream of the Washington Works facility and one river mile upstream o f the Washington Works facility. If concentrations o f C8 above the Detection Limit are found in any sampled public water supply within the upstream or downstream segments initially sampled, the segments within which intakes are to be sampled shall be extended to twenty river miles downstream or two river miles upstream, as appropriate. If concentrations above the Detection Limit are found in any segment so extended, additional sampling will be performed on water intakes within thirty river miles downstream or three river miles upstream, as appropriate. 7. The additional monitoring requirements contained in this subsection shall be incorporated into the Facilities' West Virginia/National Pollutant Discharge Elimination System permits by minor modification. DuPont reserves the right to request a modification o f these requirements upon renewal o f the permits. C. Toxicological and Human Health Assessment. 1. DuPont agrees to fund the various tasks set forth below as a part o f this Consent Order by establishing an escrow account at a bank agreed to by the Parties, or by some other 7 -000014 EID152943 STB000321 means agreed to by the Parties. Disbursements from said escrow shall be authorized by the C8 Toxicity Team Leader and DuPont representative jointly as described below. 2. A C8 Assessment o f Toxicity Team ("CAT Team") shall be established with members of the team consisting of representatives of: WVDEP WVDHHR-BPH EPA Region III NICS ATSDR DuPont 3. The WVDEP representative shall be the Team Leader. 4. The individual team members, the tasks of the team, and the team objectives are set forth in full in Attachment C of this Consent Order. 5. Upon conclusion o f all the tasks set forth in Attachment C, the CAT Team shall issue a final report setting forth findings o f fact and conclusions as to what extent there may be health risks associated with C8 at the Facilities. D. Emission Modeling Assessment l . The following information shall be submitted to the Division o f Air Quality ("DAQ") within 30 days o f the Effective Date except where a different deadline is provided in this subsection: a. A complete and accurate list o f building dimension parameters for all structures located within the Washington Works facility that have a significant impact on the dispersion o f C8 emissions. Significant impact for each structure on the site shall be determined based on the "area o f building wake effects" as defined in the EPA User's Guide to the Building Profile Input Program (EPA-454/R-93-038 Revised Feb. 8,1995). b. A complete and accurate list o f DuPont's current permitted allowable emission rates and confirmed actual C8 emission rates in pounds per year for the year 2000 for all sources located within the Washington Works facility. Each emission point shall be listed according to its stack I.D. and corresponding permit number. For each stack identified above as emitting C8 DuPont shall list all relevant stack parameters to be used in air dispersion modeling. c. shall be supplied: For each emission point (stack) emitting C8, the following information 8 O O O O l^T EID152944 STB000322 i. Phase of C8 (solid, vapor or aqueous solution) at stack conditions. ii. The particle characterization to be used for modeling including the particle size distribution (microns), the mass fraction o f C8 in each particle size category, and the particle density (g/cra3). iii. For particulate emissions, scavenging coefficients (hi/s-mm) for both liquid and frozen precipitation to be used for wet deposition modeling based upon the particle size distribution and the EPA's Industrial Source Complex, Version 3 Model Guidance (EPA-454/B-95-003b Sept. 1995) ("TSC Guidance"). DuPont may submit, within 30 days o f the Effective Date, information to support the use o f the normalized scavenging coefficient in the ISC Guidance (Figure 11 o f ISC Guidance) for C8's scavenging coefficients. DAQ shall approve or disapprove with justification in writing, DuPont's submission. Should DAQ disapprove, DuPont shall have the right, within seven days, to request a meeting with DAQ and USEPA to address the deficiencies set forth in DAQ's letter and to request reconsideration o f DAQ's decision. Following a meeting o f the parties, DAQ shall issue a decision letter regarding C8's scavenging coefficients within seven days o f the meeting. DAQ reserves the right to require measurement o f C8's scavenging coefficients in its decision and DuPont reserves the right to assert a claim o f confidentiality in the event such a measurement is made. iv. For gaseous emissions, scavenging coefficients (hr/s-mm) for both liquid and frozen precipitation to be used for wet deposition modeling will be provided as a function of droplet size using formulae in the open literature based on the physical properties of C8 and consistent with Section 1.4 o f the ISC Guidance. DuPont may submit, within 30 days o f the Effective Date, information to support the proposed scavenging coefficient for gaseous emissions including information on the percentage o f C8 emissions that would be in gaseous form. DAQ shall approve or disapprove with justification in writing, DuPont's submission. Should DAQ disapprove, DuPont shall have the right, within seven days, to request a meeting with DAQ and USEPA to address the deficiencies set forth in DAQ's letter and to request reconsideration o f DAQ's decision. Following a meeting o f the parties, DAQ shall issue a decision letter regarding C8's scavenging coefficients within seven days o f the meeting. DAQ reserves the right to require measurement o f C8's scavenging coefficients in its decision and DuPont reserves the right to assert a claim o f confidentiality in the event such a measurement is made. d. To the extent that the phases exist, a solid, liquid and vapor phase (T-P) diagram for C8 with respect to pressure and temperature. The temperature and pressure ranges shall be representative o f exhaust gas conditions before and after control equipment Estimates o f C8's critical properties shall be provided along with measured ranges o f phase transition temperatures. 9 000016 EID152945 STB000323 e. In lieu o f a binary phase (T-x-y) diagram representing the vapor-liquid equilibrium between water and C8, the solubility and Krafft Point o f C8 in aqueous solutions, measured pK value for C8 dissociation in aqueous solutions, and measurements o f C8 concentrations or related acids observed when tested in a head space GC at various concentrations, temperatures, and pHs representative o f the ranges observed during actual operating conditions. Furthermore a discussion regarding the volatility o f C8 in aqueous solutions as a function o f pH will be provided. The information in this paragraph shall be submitted to the DAQ within 60 days of the Effective Date. f. Henry's law coefficient for C8 and a discussion o f its dependence on pH. The coefficient shall be defined at various temperatures covering the range observed during actual operations. g. Any carbon adsorption data in the form of isotherms for C8 adsorption. DAQ will provide DuPont an opportunity to comment on modeling methodology and assumptions prior to finalizing the modeling results. 2. Any expenses incurred as a result o f accurately supplying the information requested above shall be covered by DuPont. 3. Upon submission of the information required by this Subsection VH.D, DAQ reserves the right to disapprove any data if the analytical methodology or quality control procedures are deemed inappropriate. VIII. REIMBURSEMENT OF COSTS. 1. DuPont agrees to establish an escrow account to fund Reimbursable Costs under this Consent Order. Expenditures from this account shall be made upon joint approval by a duly designated representative o f the WVDEP and o f DuPont ("designated representatives''). Written notice o f such designation shall be sent to the persons identified pursuant to Section XVI of this Consent Order. Prior to the execution o f this Consent Order, WVDEP has provided DuPont with an estimate o f Reimbursable Costs that WVDEP expects to incur under this Consent Order.23 2. Within 10 business days o f the Effective Date, DuPont shall deposit in the escrow account funds in the amount o f fifty thousand dollars ($50,000). Each expenditure from the escrow account must be supported by an itemized accounting, including invoices and receipts. Said escrow account shall be replenished with additional funds whenever the balance is less than ten thousand dollars ($10,000), or as agreed to by the designated representatives. Any unexpended amount remaining in the escrow account at the conclusion o f the work to be performed under this Consent Order shall be returned to DuPont 3. DuPont's obligation to pay Reimbursable Costs under this Consent Order shall 10 000017 EID152946 STB000324 not exceed two hundred and fifty thousand dollars ($250,000). Except as to Reimbursable Costs which are addressed separately in this section, all other costs incurred by DuPont in carrying out its obligations under Consent Order shall be the sole responsibility and obligation o f DuPont. IX. QUALITY ASSURANCE/QUALITY CONTROL. All sampling and analyses performed pursuant to this Consent Order shall conform to EPA guidance regarding quality assurance/quality control, data validation, and chain o f custody procedures. The laboratory performing the analyses shall be approved by the Parties prior to sampling. X. C8 REDUCTION PROGRAM. 1. Notwithstanding current permitted emission levels, DuPont agrees to limit overall C8 emissions to the air to no more than actual calendar year 2000 levels on a calendar year basis and shall further provide to the WVDEP monthly emissions reports regarding C8. The reporting requirement contained herein shall be modified to quarterly reports upon the issuance o f a Screening Level derived following the procedures set out in Attachment C. 2. DuPont agrees to reduce emissions to the air and discharges to the water of C8 collectively by 50% from actual 1999 levels by December 31, 2003. 3. DuPont shall operate and maintain the filter and carbon bed treatment system at its Washington Works facility with the goal o f achieving 90-95% C8 removal efficiency in its major C8-containing wastewater stream. 4. dates: DuPont shall conduct the following construction projects and abide by the specified a. DuPont shall install an improved scrubber filter to replace recovery device T6IZC on permit R13-815D. Construction shall begin no later than February 28,2002. Initial operation shall begin no later than the date o f start up aft: the April shutdown, or June 28,2002, whichever is earlier. b. DuPont shall modify the stack for emission point T61ZCE so that the emission point elevation is 170 feet above grade. The stack diameter, velocity, and flow rate shall be sized to provide effective dispersion o f particulate emissions according to 45 Code of State Rules, Series 20 (Good Engineering Practice as Applicable to Stack Heights). Construction shall begin no later than February 28,2002. Initial operation shall begin no later than the date o f start up after the April shutdown, or June 28,2002, whichever is earlier. At times when device T6IZC is not operating, permitted emissions from scrubber T6IFC shall be emitted to emission point 11 000018 EID152947 STB000325 T6IZCE. 5. DuPont shall conduct a scrubber optimization and recovery improvement program that shall consist o f a study o f scrubber operation for device C2DWC2 on permit R13-614A. The study shall be complete by the end o f March 2002. Provided the results are encouraging, the company shall implement identified improvements for this device and similar improvements for units C2DTC2 on permit R13-614A, C2EHC2 on permit R13-1953, and C1FSC2 on proposed permit for R13-2365A. Implementation o f the improvements for the latter devices will be complete no later than the end o f November 2002. XL COMPLIANCE WITH SCREENING LEVELS. 1. The following requirements shall apply only if the procedures set out in Attachment C have been followed: a. No later than 60 days after receipt o f notification from the Agencies that data or information developed pursuant to this Consent Order or other information that is recent and valid demonstrates that DuPont's operations have resulted in C8 exposures above the Screening Levels derived following the procedures set out in Attachment C, DuPont shall submit a plan for review and approval by the Agencies that is designed to reduce such exposures to levels below the Screening Levels within a reasonable time (the "Remedial Plan" or "the Plan"). b. Within 30 days o f receipt o f the Remedial Plan submitted by DuPont, the WVDEP shall, upon consultation with the WVDHHR-BPH and based upon accuracy, quality, and completeness, either approve or disapprove the Plan. If the WVDEP disapproves the Remedial Plan, the WVDEP shall notify DuPont in writing that the Remedial Plan has been disapproved and shall specify the reasons for such disapproval. DuPont shall resubmit the Remedial Plan as revised to address the deficiencies identified in the notice. DuPont's failure to submit an approvable Remedial Plan shall be deemed a violation o f this Consent Order. 2. In the event EPA or the WVDEP develops and finalizes a reference dose/screening level for C8 in accordance, with applicable statutory and regulatory requirements ("the Regulatory EPA Standard") that would be applicable to Dupont's activities or the Facilities independent of this Consent Order, DuPont's obligations under this Section shall be determined with reference to the Regulatory EPA Standard. DuPont reserves all rights it may have to comment upon, object to, or appeal the Regulatory EPA Standard in proceedings separate and apart from this Consent Order. XH. COMPLETION OF CONSENT ORDER. 1. Except as to DuPont's obligations under Section XT, this Consent Order and DuPont's obligations hereunder shall terminate upon issuance o f a completion letters) from the Secretary o f the WVDEP or his designee and from the Commissioner o f the WVDHHR-BPH to 12 D O#01& EID152948 STB000326 DuPont In a timely manner following receipt o f a written request from DuPont the respective Agencies shall issue the completion letter(s) to DuPont or shall issue a letter to DuPont detailing the obligations and work that have not been completed in accordance with this Consent Order. The Parties agree that the Agencies' obligation to issue this letter shall be deemed a non-discretionaty duty. 2. DuPont's obligation to achieve and maintain compliance with the Screening Levels as provided in Section XI o f this Consent Order shall survive the termination o f this Consent Order. Such obligation shall terminate only as provided in Section XI or upon agreement o f the Parties. X ffl. ADDITIONAL ACTIONS. The Agencies, individually or collectively, pursuant to their statutory duty and authority, may determine that additional action, beyond the tasks set forth in this Consent Order, is necessary to protect human health and/or the environment Nothing in this Consent Order shall be construed as restraining or preventing the Agencies from taking such actions. Nothing in this Consent Order constitutes a satisfaction o f or release from any claim or cause o f action against DuPont for any liability it may have pursuant to the federal Clean Water Act, the federal Clean Air Act, the federal Safe Drinking Water Act, the West Virginia Groundwater Protection Act, the West Virginia Air Pollution Control Act, other statutes applicable to this matter, or West Virginia common law. Nothing in this Consent Order in any way constitutes a modification or waiver o f statutory requirements o f DuPont and nothing in this Consent Order shall obligate DuPont to undertake any actions not specified herein. XIV. ENFORCEMENT. Enforcement o f this Consent Order may be had by the filing o f a civil action by any of the Agencies in the Circuit Court o f Wood County, West Virginia. Violation o f the terms and conditions o f this Consent Order by DuPont is a violation o f the West Virginia Code and may result in enforcement action being taken, including a request for civil penalties as set forth by law. DuPont shall not be liable for violations o f this Consent Order due to any "Force Majeure" condition. XV. CONTENTS OF CONSENT ORDER/MODIF1CATION. The entirety o f this Consent Order consists o f the terms and conditions set forth herein and in any attachments or exhibits referenced herein. Modification o f the terms and conditions of this Consent Order including any modification o f timeframes or deadlines established in this Consent Order shall be made only by agreement o f the Parties in writing, except that modifications to any 13 000020 EID152949 ST B000327 requirement set out in the attachments to this Consent Order may be made upon consensus o f the members o f the GIST or the CAT Team, as appropriate. XVI. ADDRESSES FOR ALL CORRESPONDENCE All documents, including reports, approvals, notifications, disapprovals, and other correspondence, to be submitted under this Consent Order shall be sent by certified mail, return receipt requested, hand delivery, overnight mail or by courier service to the following addresses or to such addresses DuPont or WVDEP may designate in writing. Documents to be submitted to WVDEP should be sent to: WV Department o f Environmental Protection 1356 Hansford Street Charleston, West Virginia 25301 Attention: Armando Benincasa, Esq. Attention: Dee Ann Staats, Ph.D. Phone No.: (304) 558-2508 Documents to be submitted to WVDHHR-BPH should be sent to: WV Department of Health and Human Resources Bureau for Public Health 815 Quanier Street, Suite 418 Charleston, West Virginia 25301 Attention: William Toomey, Manager o f Source Water Assessment Program Phone No.: (304)558-2981 Documents to be submitted to DuPont should be sent to: E. I. du Pont de Nemours and Company Washington Works P.O. Box 1217 Parkersburg, West Virginia 26102 Attention: PaulBossert Phone No.: (304)863-4305 and 14 0002JL EI0152950 ST B 000328 E. I. du Pont de Nemours and Company Legal Department, Suite D-71 1007 Market Street Wilmington, Delaware 19898 Attention: Bernard J. Reilly, Esq. Phone No.: (302)774-5445 XVn. AUTHORIZED SIGNATORIES/NON-ADMISSION. The undersigned representatives state that they have had full and fair opportunity to review this Consent Order and have had opportunity to allow for their counsel to do the same, and therefore enter this Consent Order freely and with full knowledge o f its terms and conditions. The undersigned do hereby confirm that they have the authority to enter into this Consent Order and have the authority to bind their respective party. Neither the terms o f this Consent Order, nor execution thereof shall constitute an admission by DuPont o f any fact or of any legal liability. DuPont expressly reserves all rights and defenses that may be available in any proceeding involving third parties or involving WVDEP and WVDHHR-BPH in any other matter. This Consent Order may be signed in counterparts and shall be effective upon signature of all the Parties below ("Effective Date"). WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION1 BY: 1 a 1356 Hansford Street Charleston, West Virginia 25301 RETARY lental Protection Entered this 15 000022 EID152951 STB000329 WEST VIRGINIA DIVISION OF HEALTH AND HUMAN RESOURCES - BUREAU FOR PUBLIC HEALTH BY: Bureau for Public Health West Virginia Department o f Health and Human Resources Diamond Building, Room 702 350 Capitol Street Charleston, West Virginia 25301 Entered this } --a v o f 2001, by: E. I. DU PONT DE NEMOURS AND COMPANY 16 000023 EID152952 STB000330 Attachment A C8 GROUNDWATER INVESTIGATION STEERING TEAM A team o f scientists shall be assembled to assess the presence and extent o f C8 in drinking water, groundwater and surface water at and around the DuPont Washington Works facility, and the Local, Letart, and Dry Run Landfills. The Groundwater Investigation Steering Team (GIST) shall include scientists from WVDEP, WVDHHRBPH, EPA Region m , and DuPont. DuPont shall fund the GIST via an escrow account as provided in Section VIII o f the attached Consent Order ("the Consent Order"). Disbursements from this account shall be authorized jointly by the WVDEP GIST leader, and the DuPont representative, Andrew S. Hartten. A schedule summarizing key GIST tasks, submittals, start and end dates is provided at the end of this document GIST Member Organizations/Representatives/General Functions WVDEP David Watkins -Groundwater Protection- GIST team leader, escrow funds disbursement oversight; project management and coordination George Dasher-advisor and technical review Dee Ann Staats, Ph.D.-advisor EPA Region HI Garth Connor-science advisor Jack C. Hwang - Hydrogeologist Roger Rheinhart-Environmental Engineer DuPont Andrew Hartten-Principal Project Leader/Hydrogeologist-technical review, project management and coordination o f field investigation activities; escrow funds disbursement oversight WVDHHR-BPH William Toomey-Manager, Source Water Assessment Program- Bureau for Public Health advisor A* 1 000024 EID152953 STB000331 GIST Team Objectives and Efforts The primary objective o f the GIST is to efficiently review and direct groundwater and surface water monitoring and investigation activities as prescribed in the Consent Order and in this Attachment. The GIST will utilize a phased approach and employ rapid team decision making toward meeting the requirements in an efficient and timely manner. Unless otherwise directed by the GIST, the tasks outlined below shall be performed by DuPont or its representatives. The GIST will issue a final report(s) with findings and conclusions regarding groundwater quality in and around the Facilities, and the extent of groundwater contamination in and around the Facilities. The GIST final report shall further make recommendations regarding the need for any further work or actions that need to be taken to assure protection of groundwater quality and human health into the future. The tasks set forth below and in the Consent Order are the m in im u m tasks to be performed by DuPont and the GIST pursuant to the Consent Order. Additional tasks may be necessary to assure the goals [full groundwater assessment and C8 impact, plume identification, and receptor identification] o f the GIST and the Consent Order are met. Those tasks shall be agreed upon by the GIST. Key Tasks of GIST Task A: G roundw ater Use and Well Survey/G roundw ater Monitoring Objectives: Conduct a distance-phased groundwater well and water use survey within a 1-mile (and possibly 2 and 3-mile) radial distance or directionally focused distance o f the Washington Works and Local, Letart, and Dry Run Landfills.1 Summary. The phased approach to the water and groundwater well use survey will allow the GIST to focus efforts along established C8 impact transport pathways and cease activities in directions where impacts are not present or where there are minimal concentrations. Data results tables will be generated in a timely manner to allow die GIST to meet, evaluate the data, and determine the next course o f action. The GIST will determine when the final groundwater well use survey shall be released. DuPont agrees to perform, under the supervision of the GIST and through an agreed-to third party, a groundwater use and well survey identifying and sampling all groundwater wells within a 1-mile radius o f the three landfills set forth above and the Washington Works facility. The phased approach may be amended by the GIST should field conditions require, e.g., lack o f sampling wells in the 1-mile radius, lack of quality sampling points within the 1-milc radius. Sampling shall be performed with the specific purpose of finding and measuring the C8 concentration in water. Should concentrations o f C8 found in groundwater wells exceed l fig/1 within the 1-mile radius, the GIST will determine 1 The water use survey should be in substantially the same format as Attachment B. A-2 000025 EID152954 STB000332 whether to expand the well survey to a 2-mile radius, a 3-mile radius, or in a specific direction only. Drinking water wells that measure above 1 pg/I shall be re-sampled at a frequency to be determined by the GIST. Note: The level o f 1 ug/1 is utilized in this Consent Order for monitoring purposes only and not as a benchmark for determining risk and this level may be adjusted as determined the GIST in furtherance o f the tasks and objectives set forth in this Attachment Timing: The initial well survey within a 1-mile radius o f the Facilities will be conducted within 60 days o f the Consent Order's Effective Date. Additional well survey activities will be conducted on a schedule to be determined by the GIST. Task B: Assessment of Existing_Groondvvater and Surface W ater Monitoring Data Objectives: Develop and implement a monitoring plan that determines the presence and extent o f C8 in drinking water, groundwater, and surface water in and around the Washington Works facility and Local, Letart, and Dry Run Landfills and provide a compilation o f all available groundwater/surface water monitoring and hydrogeologic characterization data for each facility, as reflected in Table A-1. Summary. The GIST will be tasked with an expedited evaluation o f existing historical data and hydrogeologic information in order to prioritize the initial scope o f work for continuing groundwater monitoring and any additional investigation activities (e.g., monitoring well installations) required under plume identification. DuPont shall provide all historical data and hydrogeologic information it may have related to the Facilities. Timing: Within 30 days of the completion of Task A, the GIST will review all the C8 analytical and facility hydrogeologic information to determine the scope of work for groundwater monitoring and additional investigation. The GIST will then establish a schedule for those activities. It is anticipated that a summary o f all historical information for each facility will be submitted to GIST within 60 days o f the Consent Order's effective date. Task C: Plume Identiflcation/Groundwater Assessment Objective: Determine the vertical and horizontal extent o f any and all C8 impacted groundwater exceeding 1 ug/1 or as directed by the GIST, which may determine a lower threshold than 1 ug/1. This task shall also include an assessment o f C8 impacted groundwater at Letart Landfill and its impact on the Ohio River and public water supplies along the river. Summary The GIST shall first review historical data and results o f Task A to determine an appropriate scope o f work. Activities should be prioritized to address groundwater plumes contributing to or with the potential to flow toward off-site receptors, with emphasis on those areas where groundwater is used as a drinking water source. A-3 000026 EID1529S5 STB000333 Upon completion o f investigation activities, DuPont shall provide the GIST with predicted groundwater flow and contaminant transport models to assess future plume migration. T im in g : Upon review o f a ll available information and on a schedule to be determined by the GIST, the GIST will complete an initial evaluation o f data to determine and prioritize plume identification. The timing o f the initial phase o f plume identification/investigation activities and other activities will be on a schedule established by the GIST. Further investigatory activities needed and agreed to by the GIST to carry out the goals o f the GIST shall be performed by DuPont on a schedule established by the GIST. Modeling Any and all modeling performed pursuant to this attachment and the Consent Order shall use Groundwater Modeling System, or some other model as approved by the GIST. A-4 000027 EID152956 STB000334 TABLE A-l a. Dpendent upon the availability o f certain information, an historical data summary documented in a report that includes: b. A groundwater monitoring plan for the Facilities which should address, at a minimum: A location map. mmi A site map showing the location o f all known groundwater monitoring wells, residential groundwater wells and public water supply within a 1-mile radius the Facilities. Top-of-groundwater maps. These should span the entire sampling life of the site and should be no less than yearly. If DuPont has only one year's worth of data for a given site, then these maps should be for each quarter; if DuPont has several years worth o f data for each site, then these maps can be annual. C8 concentration contour maps. These should span the entire sampling life o f the site and should be no less than yearly. If DuPont has only one year's worth o f data for a given site, then these maps should be for each quarter, if DuPont has several years worth o f data for each site, then these maps can be annual. All the C8 groundwater data that has been collected to date. These data should be submitted in easy-to-read tables. These tables should use the method, "<x", to designate all concentrations below the laboratory's minimum detection limit (not "ND" or some other abbreviation), and they should use "mg/" or "pg/" as the unit designation. If unable to provide the above data, DuPont shall document the reasons why it is unable to gather and submit the information. C8 sampling. The samples should be taken from all the wells at the three landfill sites and from a select number of wells at the Washington Works plant. These select wells are to be chosen by the GIST before the groundwater monitoring program begins based on evaluation o f historical data/information. The frequency of sampling shall be monthly for the first four months following the Effective Date and quarterly thereafter. Any new wells required for monitoring or plume identification purposes will be integrated in each site's groundwater monitoring program on a schedule agreed to by the GIST. A-5 000028 EID152957 STB000335  Report o f Results. Reporting should be quarterly and to the WVDEP Groundwater Program at the following address. WVDEP Division o f Water Resources Groundwater Program 1201 Greenbrier Street Charleston, West Virginia 25311 Re: D u P o n tO monitoring. Each report should include the following: (a) A site location map. (b) A site map showing the groundwater monitoring well locations. (c) A top-of-groundwatermap. (d) A C8 concentration map. (e) Groundwater elevation and well screen data. (f) A table o f all the historical C8 sampling data. Note: where available information allows, abbreviations should not be used to designate No Detect concentrations and the units "ppb" and "ppm" should not be used. (g) Laboratory analysis sheets. (h) Chain o f custody records. A-6 000029 _______ _ EID152958 STB000336 Attachment B Name: Address: GROUNDWATER WELL USE SURVEY Phone: _________________________ _ Best Time to Contact Owner:_________________ 1. Do you have one or more water well(s) on this property? (It need not be in use currently.) If no, stop now and return survey. Y e s _____ N o _____ County Water Well Permit No. _______________________ 2. Is the well(s) currently (circle one) used unused or filled in? 3. Is the well(s) used for drinking water? Y e s _____ No _____ 4. Is this well(s) used for other purposes? If yes, please specify uses below:5678 5. What is the approximate frequency o f use? Circle One: Daily Weekly Monthly Summer 6. Date last used? ___________________________ 7. Is there a pump in the well? Y e s _____ N o _____ 8. Is there a conditioner, softener, chlorinator, filter, or other form o f treatment for the system? Y e s _____ N o _____ If so, what is the form o f treatment? _____________________ B-l 00003 EID152959 STB000337 9. Is there any faucet where water does not first pass through the treatment system? Yes _____ N o _____ If yes, is it (circle one) inside or outside? 10. What year was the well constructed? .______ 11. Please provide the following information regarding the well(s) if known: (circle one) A. Total Depth (feet below ground surface): 30-60 60-90 90-120 120 or more B. Casing Type: PVC steel stone none o th e r_______________ C. Well Construction: dug drilled open or uncased bedrock D. Screened Interval (length in feet): 0-10 10-20 20-30 30-60 60 or more E. Well Diameter (inches): 0-6 6-12 12-24 24 or more B-2 000031 EID152960 STB000338 Attachment C C8 ASSESSMENT OF TOXICITY TEAM A team o f scientists shall be assembled to assess the toxicity and risk to human health and the environment associated with exposure to ammonium perfluorooctanoate (C8) releases from DuPont's activities. The C8 Assessment o f Toxicity Team (CAT Team) shall include scientists from academia, government, non-profit organizations, and industry. The CAT Team also shall include the WVDEP Environmental Advocate, Pam Nixon, as a representative o f West Virginia's citizens. The WVDEP, utilizing funds from an escrow account funded by DuPont, shall contract with a non-profit organization, the National Institute for Chemical Studies (NICS), for the services described herein. Point o f contact for the NICS shall be Jan Taylor, Ph.D. The NICS shall subcontract with Marshall University's Center for Rural and Environmental Health for services in risk communication provided by James Becker, M.D. and his staff. Dr. Becker shall familiarize himself with the toxicity o f C8, the work performed by TERA as described herein, and attend public meetings to provide expertise in risk communication. The NICS shall subcontract with the non-profit scientific organization, Toxicology Excellence for Risk Assessment (TERA) whose point o f contact is Joan Dollarhide, Ph.D. The TERA shall provide services in toxicology and risk assessment. Work assignments, tasks, and deliverables are described below. CAT Team M em ber Organizations/ Representatives1/ General Functions WVDEP Dee Ann Staats, Ph.D. - Science Advisor - team leader; escrow funds disbursement oversight; project management and coordination; toxicology/risk assessment and communication; Pam Nixon - Environmental Advocate - advisor, NICS Jan Taylor, Ph.D. -contractor administrative oversight; James Becker, MJD. (Marshall University) - consultant in risk communication; TERA (point o f contact: Joan Dollarhide, Ph.D.)- consultant in toxicology/risk assessment; 1 The parties may, in their discretion, elect to substitute their representatives with persons o f similar qualifications. C-l 000032 ________ EID152961 STB000339 DuPont Gerald Kennedy, Director o f Applied Toxicology and Health, Haskell Laboratory - reviewer toxicology; escrow funds disbursement oversight; John Whysner, M.D. - toxicology/risk assessment and communications; Paul Bossert - Washington Works Plant Manager - communications; The following members of the CAT Team shall act as reviewers or advisors. WV Department of Health and Human Resources - Bureau for Public Health (WVDHHR-BPH) William T oom ey- Manager, Source Water Assessment Program - advisor, Barbara Taylor - Director, Office o f Environmental Health Services - advisor, Local representative - advisor, Environmental Protection Agency (EPA) Headquarters - Jennifer Seed - reviewer and advisor toxicology, Region III Philadelphia - Samuel Rotenberg, Ph.D. - reviewer and advisor toxicology/ risk assessment; Garth Connor - advisor hydrogeology, Roger Reinhart - reviewer and advisor Safe Drinking Water Act; Cincinnati - John Cicmancc, DVM - reviewer and advisor toxicology; Agency for Toxic Substances and Disease Registry (ATSDR) Atlanta - John Wheeler, Ph.D. - reviewer and advisor in toxicology/ risk assessment; Philadelphia -Lora Werner - coordinator for ATSDR; Non-CAT Team Efforts Other efforts are currently underway which may produce information for the CAT Team to utilize. The CAT Team will coordinate and communicate closely with these other efforts. These include: 1. Dupont's air modeling o f C8 emissions from the Washington Works plant; 2. WVDEP's air modeling o f C8 emissions from the Washington Works plant; C-2 000033 EID 152962 STB000340 3. USEPA Draft Hazard Assessment which summarizes the available toxicity information regarding C8, to the extent completed prior to the assessment contemplated herein; 4. ATSDR's Health Consultation that estimates the risk to the community associated with C8 in drinking water from the Lubeck Public Service District, to the extent completed prior to the assessment contemplated herein. 5. Existing C8 concentrations in Lubeck Public Service District data. 6. Groundwater C8 Analysis (see GIST activities described in Attachment A) and Well Use Survey (see example survey in Attachment B) at the residences in the area o f the 3 landfills and the Washington Works Plant. Tasks of CAT Team The tasks to be performed by the CAT Team are described briefly in Table 1, and in more detail below. These tasks are discussed below within the context o f a Scope of Work for both Dr. Becker and for TERA as well. Tasks of the CAT Team shall be organized into three phases. Phase I includes those tasks necessary to prepare for and hold the first public meeting. In Phase fl, TERA shall conduct such scientific tasks as: reviewing available toxicity and epidemiological studies; developing Provisional Reference Doses and Screening Levels for protection of human health; evaluating existing information relative to ecological health; and conducting one general risk assessment involving comparisons o f exposure concentrations to Screening Levels, for the three landfills and the Washington Works Plant, and the Lubeck Public Service District TERA shall prepare a report on their findings. Phase m includes those tasks necessary to prepare for and hold the second public meeting. The results o f the C8 groundwater analysis and risk assessment shall be presented in the second public meeting. No communication between Dupont representatives and NICS, Dr. Becker, or TERA shall be permitted without the participation o f Dr. Staats. All information will be provided to Dr. Becker and TERA by WVDEP; thus, all information contributed to the effort by Dupont shall be sent in triplicate to Dr. Staats for forwarding to Dr. Becker and TERA Phase I TASKA-1: First Public Meeting Two public meetings are anticipated for this project. The First Public Meeting shall occur in Phase I for the purposes o f introducing the CAT Team and other involved parties to the public; relating historical information on previous concentrations o f C8 in Lubeck Public Service District water supply, informing the citizens o f the ensuing activities; and inviting the public to participate by cooperating with sampling and survey efforts in the Groundwater C8 Analysis and Well Use Survey. In order to prepare for the C-3 000034 EID152963 STB000341 First Public Meeting, CAT Team members shall familiarize themselves with the available toxicological information concerning C8. A CAT Team meeting shall be held immediately prior to the first public meeting to: (1) conduct a site visit to the three landfills and the Washington Works Plant, and surrounding residential areas; (2) discuss the toxicity o f C8 and other pertinent data; (3) prepare an agenda for the public meeting; (4) coordinate and prepare for the pubtic meeting. Finally, the First Public Meeting will be held and public questions and comments will be recorded by WVDEP. TABLE 1. TASKS O F CAT TEAM T ask A: Public Meetings (two meetings are anticipated) Objective: to inform the local citizens of the following: (in Meeting #1) intent to perform a groundwater well use survey and analysis for C8; intent to develop Screening Levels; and to ask for their cooperation in conducting the water use survey, and (in Meeting #2) results o f survey, chemical analysis, and risk assessment Note that an interim public meeting may be required should six months pass from the first public meeting and the CAT Team Final Report has not been issued. Prim ary Responsibility: Staats________________________________ _______________ Task B: Development o f Provisional Reference Doses Objective: to develop Provisional References Doses for C8 for the inhalation and ingestion (and dermal, if possible) routes o f exposure. Prim ary Responsibility: TERA________________________________ Task C: Development o f Screening Levels Based on Protection of Human Health Objective: to utilize the Provisional Reference Doses to develop human health risk-based Screening Levels for C8 in air, water, and soil. Note a determination o f the potential carcinogenicity o f C8 will be conducted as well. Prim ary Responsibility: TERA_____________________* ___________________ T ask D: Ecological Data Review Objective: to review available information to determine whether sufficient studies have been performed and data have been collected to develop screening criteria for ecological receptors. Prim ary Responsibility: TERA______________________________________ _ T ask E : Draft Report and Final Report Objective: to present and discuss the results o f the above tasks. Prim ary Responsibility: TBKA_____________________________________ Phase n Tasks B. C. D. and E Development of Provisional Reference Doses and Screening Levels, and Risk Assessment In Phase fi, TERA shall conduct the toxicological and risk assessment activities. After having reviewed the toxicological information regarding C8 provided by WVDEP, TERA shall consult with toxicologists on the CAT Team, as coordinated by Dr. Staats, regarding its proposed approach for this project. Following such consultation, TERA C-4 000035 _ EID152964 STB000342 shall develop Provisional Reference Doses for C8 for the oral, inhalation, and dermaT(if possible) routes o f exposure. Then TERA shall calculate Screening Levels for water, soil and air based on the risk factors they have estimated. TERA shall perform one general risk assessment involving comparison o f exposure concentrations to Screening Levels for the three landfills and the Washington Works Plant, and the Lubeck Public Service District water supply, that focuses on current risk to human health, including workers and residents. This risk assessment shall include: (1) identification of reasonably anticipated land use, surface water and groundwater use; (2) identification o f receptors; (3) identification o f exposure pathways; (4) identification of exposure concentrations; and (5) comparison of exposure concentrations to appropriate Screening Levels. TERA shall utilize data obtained from the other efforts discussed above such as air modeling; groundwater C8 concentrations in residential and public wells; residential groundwater well use survey; the USEPA's Draft Hazard Assessment; and ATSDR's Health Consultation (if available). TERA also shall review available information to determine whether sufficient studies have been performed and data have been collected to develop screening criteria for protection o f ecological health, particularly aquatic life. TERA shall prepare a draft and a final document that discusses the results of their efforts and summarizes the data utilized from other efforts. As the tasks o f the CAT Team and other involved parties' progress, data gaps and research recommendations may become evident These shall be included in TERA's report as suggestions for further research to elucidate the toxicity o f C8. Phase III Second Public Meeting The purpose o f the Second Public Meeting is to present to the citizenry the results of the efforts o f the GIST and CAT Teams including C8 concentrations in groundwater from residential wells and public wells the screening levels and the general risk assessment. Air modeling results o f the efforts o f WVDEP and Dupont will be discussed also. The WVDEP will address any further actions that may be necessary. C-5 000036 EID152965 STB000343 SCOPE OP WORK FOR JAMES BECKER, M.D. Dr. Becker is a medical doctor specializing in environmental health at the Marshall University School o f Medicine Center for Rural and Environmental Health. He will be assisting the WVDEP in his specialty area o f risk communication at the two anticipated public meetings. The specific tasks assigned to Dr. Becker are described below. Phase I Task A -l: First Public Meeting Dr Becker will assist in preparation for the first public meeting, and attend the meeting providing expertise in risk communication. He will familiarize himself with the available toxicological data, which will be provided to him by WVDEP, with particular emphasis on the epidemiological studies. Note that the toxicological data already has been summarized in the Draft Hazard Assessment prepared by USEPA. No literature search or document retrieval will be required. Specific subtasks required in Phase I to prepare for the first public meeting are described below: Subtask 1 - Familiarization with toxicological data provided by WVDEP including but not limited to: a. 8 compact discs o f information provided to USEPA under TSCA by 3M Corp (note only a small portion o f this information concerns C8); b. Draft Hazard Assessment document from USEPA; c. ACGIH Threshold Limit Value (TLV). <L Journal articles and other information provided by WVDEP. Subtask 2 - Attend a meeting prior to the first public meeting to: a. conduct a site visit of the 3 landfills and the Washington Works Plant, and local residential areas; b. discuss and prepare an agenda; c. discuss the toxicology and risks associated with C8 with the other CAT Team members. Subtask 3 - Attend First Public Meeting Phase III Task A-2 Second Public Meeting Dr Becker will assist in preparation for the second public meeting, and attend the meeting providing expertise in risk communication. The following subtasks will be required: Subtask 1 - Familiarization with the toxicological and risk assessment report prepared by TERA; C-6 000037 EID152966 STB000344 Subtask 2 - Attend a meeting prior to the second public meeting to: a. discuss the toxicology and risks associated with C8 with the other CAT Team members; b. discuss and prepare an agenda. Subtask 3 - Attend Second Public Meeting Note that the second public meeting is assumed to be the final public meeting; however, results o f data collection may warrant additional public meetings and an expansion o f the Scope o f Work. C-7 00003S EID152967 STB000345 SCOPE OF WORK FOR TERA ' TERA (Toxicology Excellence for Risk Assessment) is a non-profit organization that applies sound toxicological data to the risk assessment process to find common ground between environmental, industry, and government groups. TERA will be providing services in toxicology and risk assessment. TERA scientists will be developing risk factors and screening criteria; and conducting one general risk assessment for the 3 landfills, Lubeck Public Service District water supply and the Washington Works Plant. The specific tasks assigned to TERA are described below. Phase D Tasks B, C, D, and E: Development of Provisional Reference Doses and Screening Levels, and General Assessment of Risk Subtask 1 - TERA staff will familiarize themselves with the toxicological data provided to by WVDEP. No literature search or document retrieval will be required. Toxicological data to be provided to TERA shall include but is not limited to the following: a. 8 compact discs of information provided to USEPA under TSCA by 3M Corp (note only a small portion o f this information concerns C8); b. USEPA Draft Hazard Assessment for C8; c. Journal articles and other information submitted to WVDEP by DuPont. Subtask 2 - TERA staff will: a identify all possible critical toxicological studies suitable for developing Reference Doses for the oral, inhalation, and dermal (if possible) routes o f exposture; b. outline methodology for developing said Reference Doses and for developing Screening Levels for air, water, and soil based on said Reference Doses corresponding to each critical study identified in subtask 2-a; c. convene a meeting at the TERA facility in Cincinnati, Ohio, to present their findings in subtask 2-a and 2-b, and consult with CAT Team toxicologists as coordinated by Dr. Staats; d. finalize Reference Doses and Screening Levels based on recommendations o f the CAT Team toxicologists as coordinated by Dr. Staats. Subtask 3 - TERA shall conduct one general risk assessment for the three landfills and Washington Works Plant, and the Lubeck Public Service District water supply based on current risk to human health. This risk assessment shall include: a) identification o f reasonably anticipated land use, surface water and groundwater uses; C-8 000039 EID152968 STB00034 6 b) identification o f receptors; c) identification o f exposure pathways; d) identification o f exposure concentrations; e) comparison o f exposure concentrations to appropriate Screening Levels; TERA shall utilize the following data in the risk assessment process: a) air modeling data from DuPont; b) air modeling data from WVDEP; c) water use data from the Well Use Survey; d) groundwater data from the Groundwater Well Analysis o f C8 for residential wells; e) drinking water data from Lubeck Public Service District wells; f) any available ATSDR Health Consultation that assesses potential health effects from exposure to C8 in public supply drinking water. Subtask 4 - TERA shall review the ecological data and determine whether there is sufficient information to support the development of a C8 Screening Level for protection of ecological health Subtask 5 - TERA shall compile and discuss the results o f the above tasks into a comprehensive report (draft and final versions), which also refers to and provides a brief summary o f the following: a) USEPA's Draft Hazard Assessment o f C8; b) DuPont's air modeling data; c) WVDEP's air modeling data; d) groundwater data from the Groundwater C8 Analysis and Well Use Survey of Local Residents, and Lubeck Public Service District; e) ATSDR Health Consultation that assesses potential health effects from exposure to C8 in public supply drinking water, if available. Additionally, TERA shall include in the report any insights or recommendations for future research gleaned during this process that would further elucidate the toxicity of C8. Also, TERA shall provide in the report o f a summary discussion o f the relevance the carcinogenicity o f C8 in rats to humans. C-9 000040 EID152969 STB000347 000041 _________ EID152970 STB00034 8 000042 EID152971 STB00034 9 --0 0 0 0 4 3 EID152972