Document vwO01GwKmDG0aE1EzjqaRQ5w

Case 1:06-cv-01810-RMB-AMD Document 459-7 Filed 09/21/10 Page 1 of 8 PagelD: 21878 v(S0 Si.*, II UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEWYORK, NY 10007-1866 OCT 2 4 2009 C E R T IFIED MAIL-RETURN RECEIPT RffiOTrF.STff.~n Article number: 7005 3110 0000 5926 4362 Kathryn K. McCord, Vice President, Risk Management E.I. DuPont de Nemours and Company 1007 Market Street Wilmington, DE 19898 Re: Information Request DuPont Chambers Works Dear Ms. McCord: . The U.S. Environmental Protection Agency (EPA) is charged with the protection of human health and the environment under the Resource Conservation and Recovery Act (RCRAt 42 U S C 88 6901 et seq. Pursuant to 42 U.S.C. 6903, a hazardous waste is defined in the statute as those solid wastes that may (A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (B) pose substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed o f or otherwise managed." 5 ri. DuPont de Nemours and Company (DuPont) has been working with the New Jersey Department of Enviromnental Protection (NJDEP) to address current and historical perfluorooctanoic acid (1PUA or C-8) contamination resulting from the operations at the Chambers Works Plant in Deepwater, New Jersey. In an effort to ascertain the extent of PFOA contamination whichmay pose potential hazards to human health and the environment, it is necessary for EPA to identify all current and historical sites where PFOA-containing materials were treated and/or disposed. EPA Region 2 recently became aware of DuPont PFOA shipments to a facility in Pascagoula, Mississippi. Pursuant to the provisions of Section 3007 of RCRA, 42 U.S.C. 6927, EPA hereby requires that you provide the information requested in Enclosure 1, using the instructions and definitions included in Enclosure II. -------------- - Please provide the information requested no later than thirty (30) calendar days from receipt of this letter. Requests for additional time must be justified. Requests for additional time must be made within.tenO 0) calendar days of receipt of this letter. The response must be signed by a responsible ollicial, officer,, or agent of your facility, using the form in Enclosure III. Youi lesponse to this letter must be mailed to the following addressee: Internet Address (URL) > hlipi/Aw/w.opa.fjov 'lecycled/HocycInbla . Printed Vllh Vocablo Oil B<hJ Into on itocydsd Popar (Minimum 30% Poleonnimar contant) 008-0383-0000010 Case 1:06-cv-01810-RMB-AMD Document 459-7 Filed 09/21/10 Page 2 of 8 PagelD: 21879 Ms. Meghan La Reau Enforcement Officer RCRA Compliance Branch Division of Enforcement and Compliance Assistance U.S. Environmental Protection Agency -Region 2 . 290 Broadway, 21st Floor New York, New York 10007-1866 Failure to adequately respond to this Information Request Letter is a violation of RCRA Section 3007 and may result in federal enforcement action pursuant to Section 3008 of RCRA, 42 U.S.C. 6928, including the assessment of a monetary penalty. Such penalties may be up to $37,500 per day per violation. Issuance of this Section 3007 Information Request Letter and compliance with its terms does not in any way preclude future enforcement by EPA for any violations discovered as a result o f this or any other inquiries. ' You may assert a business confidentiality claim covering all or part of the information herein i equested. The claim may be asserted by placing on (or attaching to) the information at the time it is submitted, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." The claim should set forth the information requested in 40 Code of Federal Regulations (40 C.F.R.) Section 2.204(e)(4). Information covered by such a claim will be disclosed by the EPA only to the extent permitted by, and by means of procedures set forth in 40 C.F.R. Part 2. EPA will review the information to determine the extent of confidentiality of the information, and may, at its discretion, challenge the ' confidentiality claim pursuant to the procedures set forth at 40 C.F.R. Part 2. If no such claim accompanies the information when it is received by EPA, it may be made available to the public without further notice to you. This information request is not subject to the requirements of the Paperwork Reduction Act (PRA), as amended, 44 USC Part 3501 et, seq. If you have any questions about this letter, please call Ms. Meghan La Reau, of my office, at (212) 637-4067. . Sincerely yours, /v George C, Meyer, P.E. Chief, RCRA Compliance Branch Division o f Enforcement and Compliance Assistance Enclosures: Enclosure I - Information Request Enclosure II - Instructions & Definitions Enclosure III - Certification of Answers cc: Frank Faranca, CHMM, Site Remediation Technical Specialist Division of Remediation Management and Response Bureau of Case Management ' 008- 0383-0000011 Case 1:06-cv-01810-RMB-AMD Document 459-7 Filed 09/21/10 Page 3 of 8 PagelD: 21880 401 East State Street PO Box 028 Trenton, NJ 08625-0028 . Andrew S. Hartten . DuPont Corporate Remediation Group Barley Mill Plaza 19/2204 4417 Lancaster Avenue Wilmington, DE 19805 L 008- 0383-0000012 Case 1:06-cv-01810-RMB-AMD Document 459-7 Filed 09/21/10 Page 4 of 8 PageID: 21881 ENCLOSURE I INFORMATION REQUEST DuPont Chambers Works Deepwater, New Jersey The relevant time period for every question is circa 1950 though the date of receipt o f this letter, unless otherwise specified. 1. Please provide a fist identifying all off-site disposal or treatment sites for any PFOA- containing material(s) originating and/or coming from the Chambers Works Plant..Please include the location address and a description of the site. For each site identified, include the following: . a. the time period the material was disposed and/or treated at the site, b. how the material was treated and/or disposed, c. a description of each PFOA-containing material including the quantity and PFOA concentration of such material, and d. any shipping documents or bills of lading which accompanied the materials. 2. Please inform the USEPA of all PFOA compounds and associated waste materials that may have been shipped from other DuPont facilities to the DuPont Chambers Works facility in New Jersey. Provide a fist identifying all off-site locations from which the PFOA compounds originated and an inventory of the total volume/tonnage of materials and the ultimate disposition of that material. 3. Please provide the above information for all PFOA-containing material(s) historically or presently being shipped to any facility in and around Pascagoula, Mississippi and specifically to any municipal wastewater treatment plants in Pascagoula, Mississippi originating and/or coming from the Chambers Works Plant. 4. When submitting your response, please attach to the Certification of Answers to Request for Information (Enclosure III, below) a fist of persons by name, position or title, and company who prepared or assisted in the preparation of the responses to this information request. . 008- 0383-0000013 Case 1:06-cv-01810-RMB-AMD Document 459-7 Filed 09/21/10 Page 5 of 8 PagelD: 21882 ENCLOSURE II INSTRUCTIONS AND DEFINITIONS DuPont Chambers Works Deepwater, New Jersey In responding to this Request for Information, apply the following instructions and definitions: 1. The signatory should be an officer or agent who is authorized to respond on behalf of E.I, DuPont de Nemours and.Company ("facility"). The signatory must sign the attached Certification of Answers (Enclosure III) and return it with the response to this Request for Information. 2. A complete response must be made to each individual question in this Information Request, Identify each answer with the corresponding number listed in Enclosure I. 3. In preparing your response to each question, consult with all present and former employees and agents o f the facility who may be familial- with the matter to which the question pertains.. 4. In answering each question, identify all contributing sources of information. . 5. If you are unable to answer a question in a detailed and complete manner or if you are unable to provide any of the information or documents requested, indicate the reason for your inability to do so. If you have reason to believe that there is an individual who may be able to provide more detail or documentation in response to any question, state that person's name and last known address and phone number and the reasons for your belief. 6. If you cannot provide a precise answer to any question, please approximate and state the reason for your inability to be specific, 7. For each document produced in response to this Request for Information, indicate on the document or in some other reasonable manner, the number or letter of the question to which it applies. 8. If anything is deleted or redacted from a document produced in response to this Request for Information, state the reason for and the subject matter o f the deletion. 9. If a document is requested but is not available, state the reason for its unavailability. In addition, identify any such document by author, date, subject matter, number of pages, and all recipients and their addresses, 10. Ihe facility, for the purposes of this Request for Information, is any and all locations of D uPont Cham bers W orks in D eepwater, N ew Jersey, 008- 0383-0000014 Case 1:06-cv-01810-RMB-AMD Document 459-7 Filed 09/21/10 Page 6 of 8 PagelD: 21883 ENCLOSURE III CERTIFICATION OF ANSWERS DuPont Chambers Works Deepwater, New Jersey CERTIFICATION OF ANSWERS TO REQUEST FOR INFORMATION I certify under penalty of law that I have personally examined and am familiar with the information submitted in response to EPA's Request for Information, and all documents submitted herewith; that the submitted information is true, accurate, and complete; and that all documents submitted herewith are complete and authentic, unless otherwise indicated I am aware that there are significant penalties for submitting false information, including the ' possibility o f fine and imprisonment. Name (print or type) SIGNATURE TITLE DATE 008- 0383-0000015 Case 1:06-cv-01810-RMB-AMD Document 459-7 Filed 09/21/10 Page 7 of 8 PagelD: 21884 David Byrne From: Sent: To: Cc: Subject: Attachments: Bilott, Robert A. [bilott@taftlaw.com] Sunday, September 19, 2010 11:24 AM David Byrne Justice, J. Steven Rowe/Scott v. DuPont: Ex. to Voltaggio Brief PDF_File.pdf Attached is the document I think you needed for the Voltaggio brief exhibits. Taft / Celebrating 125 Years Robert A. Bilott / Attorney Taft Stettinius & Hollister LLP 425 Walnut Street., Suite 1800 ' Cincinnati, Ohio 45202-3957 Tel: 513.381.2838 Fax: 513.381.0205 Direct: 513.357.9638 Cell: 513.477.7655 www.taftlaw.com / bilott(Staftlaw.com Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. 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