Document q322n1Dzr3QrgnmJg19oLvzMG

v B i j i j i up* i s 20 ftRSLZ _ Il 77 Office o f Legal Services 1356 Hansford Street Charleston, WV, 25301 (304) 558-9160 Telephone (304) 558-4255 Fax West Virginia Department of Environmental Protection Bob Wise Governor Michael O. Callaghan Secretary Robert A. Bilott Taft, Stettinius & Hollister LLP 1800 Firstar Tower 425 Walnut Street Cincinnati, Ohio 45202-3957 April 15, 2002 C Z3 0 7J --*!P D p i cn --D O \ p -* X s* TSC -- -_ ~) C l ---- cn Dear Mr. Bilott: I have the opportunity to discuss your letters o f March 26, 2002 and March 29, 2002 with DEP staff members. Please allow this letter to serve as the D EP's answer. Initially, you asked whether the state o f West Virginia intends to establish a second laboratory to verify the C8 water testing. The answer to that question is no. Exygen, as you are probably aware, is the only laboratory in the United States that can analyze the results of the C8 testing to approved standards. Furthermore, the state o f West Virginia has independently certified the Exygen lab after a rigorous QAQC inspection by the DEP's Office o f Water Resources. As a final check, sampling is always done in the presence o f DEP employees for consistency purposes. Based on these factors, the DEP sees no reason at this time to establish its own laboratory. As a second matter, you have requested representation at the upcoming CAT toxicologists meeting for an expert o f your choosing. As you know, this would require a modification to the Consent Order. I do not see any benefit in modifying the agreement at this time for this request. However, the CAT is interested in reviewing any information that you may have in your possession that will aid them in their determination. In that light, please contact me if you desire to have your expert speak to the panel. I have been authorized to allow your expert a small window o f time to share any information he or she may have on this issue. Finally, regarding the Freedom o f Information Act requests. The DEP will comply with all aspects o f West Virginia's FOLA law. However, the law is clear that FOIA requests are only for "inspection or copying." W.Va. Code 29B-1-3. The DEP will furnish a room to inspect the documents. If you do not have a copier with you, the DEP will make copies for a small fee. The documents will not leave the building. This system works with optimum efficiency if the request for documents is specific and a specific time to review the documents is requested. That way the "To use all available resources to protect and restore West Virginia's environment in concert with the needs o f present and future generations." West Virginia Depanmem of Environmental Protection 01)0093 Robert A. Bilott Aprii 15, 2002 Page 2 documents can be set out for inspection and returned to their normal location after the time for inspection has been completed. Please contact me if you have any questions. Yours sincerely, cc: Dr. Dee Ann Staats Dave Watkins ASSOCIATE COUNSEL "To use all available resources to protect and restore West Virginia's environment in concert with the needs o f present and future generations." West Virginia Depanmem of Environmental Protection 000094