Document q379OGONvokM07Jy9pkOyp5K5

ff NORTHERN KENTUCKY OFFICE SUITE 340 1717 DIXIE HIGHWAY COVINGTON, KENTUCKY41011-4704 606-331-2838 513-381-2838 FAX: 513-381-6613 DAYTON, OHIO OFFICE SUITE 900 110 NORTH MAIN STREET DAYTON, OHIO 45402-1786 937-228-2838 FAX: 937-228-2816 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:614-221-2007 Ro b er ta . Bilott (513)357-9638 bilott@taftlaw.com 37^ August 6, 2003 gen. o s o o 373 TELECOPY AND FEDERAL EXPRESS Richard H. Heer, Chief Document Processing Center (7407M) High Production Volume Chemicals Branch EPA East - Room 6428 Attn: Section 8(e) U.S. Environmental Protection Agency U.S. Environmental Protection Agency Office of Pollution Prevention and Toxics Office of Pollution Prevention and Toxics 1200 Pennsylvania Avenue, N.W. 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460-0001 Washington, D.C. 20460-0001 Re: TSCA Section 8(e) Reporting For PFOA Contato Dear Mr. Hefter: As a further supplement to our July 3 and July 31 letters on the referenced topic relating to DuPont's knowledge of information concerning the relationship between C-8 exposure and birth defects of the eye, we have enclosed a copy a December 23, 1999, report entitled "Tennant Farm Herd Health Investigation: Cattle Team Report" (EID151682-802, DUP004-62). (See Exhibit A) This report identifies certain eye defects observed among adult cattle and their calves who consumed water from the Dry Run Creek-, which USEPA had found in 1997 to be OPPTHCiC 2003 UG 13 AM 9^ 26 - Although the Cattle Team summarily categorized all of the "corneal ulcers, scars and opacities, as well as blepharospasm" observed in the cattle as "'pinkeye', an infectious keratoconjunctivitis caused by bacteria such as Morexella bovis," (Exhibit A., at EID151693), there is no mention of any actual positive clinical test results for "pinkeye" in any of the cattle tested, and the only actual clinical investigation of any of the eye problems at issue performed by the Ohio Department of Agriculture two years earlier during a histiopathologic examination of two "cloudy eyes" of "a dead six-month-old bull calf' revealed lesions that the pathologist noted could be caused by "inborn errors of metabolism." (Id., at EID151747) The pathologist also noted that the "ulcerating and suppurative keratitis associated with Morexella was not observed in this case." (Id.) EPA-OTB 000811864S W0033262.1 oooaiiabHS (oP757 oooooi Richard Hefter August 6, 2003 Page 2 potentially-impacted by chemicals released from DuPont's Dry Run Landfill in Wood County, West Virginia. (See Exhibit B) Although there was no mention or analysis of C-8 in the 1999 Cattle Team Report, which was co-authored by DuPont, it was subsequently revealed that DuPont had detected C-8 in the Dry Run Creek at levels as high as 1.9 parts per million as early as 1990 (see Exhibit C), after DuPont had dumped over 7,000 tons of C-8 contaminated sludge into the unlined Dry Run Landfill in 1988 (see Exhibit D). All of these documents, along with additional information regarding the timing and extent of DuPont's knowledge of C-8 contamination at the Dry Run Creek, health effects claims made to DuPont relating to those conditions, and DuPont's knowledge of the level of C-8 in various drinking water supplies, including drinking water at its own Washington Works Plant, are included among the attachments to our March 6, 2001, letter to USEPA, which is available in USEPA's Administrative Record for PFOA at AR-226-1246. RAB'.mdm Enclosures cc: Dr. Charles M. Auer (USEPA OPPT) (w/o ends.) (letter by telecopy) Mary Dominiak (USEPA OPPT) (for inclusion in AR-226) (w/ encls.)(letter by telecopy) Jennifer Seed (USEPA) (w/ ends.) (letter by telecopy) R. Edison Hill, Esq. (w/ ends.) Larry A. Winter, Esq. (w/ ends.) Gerald J. Rapien, Esq. (w/o ends.) W0033262.1 000002