Document wqkJB5yxBB0B5noz4ke27wV64

weveiven HLSW Ga SSpTi) SH ARARE 177 oli Offi1c3e5o6fHLaengsaflorSderSviecets ~ (304) 558.9160 Telephone (304) 558-4255 Fax West Virginia Department of Environmental Protection GBoovnerinoer Vichee0l CSaelciehrany Robert A. Bilott Ta, Stettinius & Hollister LLP 1800 Firstar Tower 425 Walnut Street Cincinnati, Ohio 45202-3957 April 15, 2002 2&Z 3an3 Z ze hza 23 ER --=_ Dear Mr. Bilott: I have the opportunity to discuss your lettersof March 26, 2002 and March 29, 2002 with DEP staff members. Please allow this letter to serve as the DEP's answer. Initially, you asked whether the state of West Virginia intends to establish a second laboratory toverify 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 stateof West Virginia has independently certified the Exygen lab after a rigorous QAQC inspection by the DEP's Office of Water Resources. Asa final check, sampling is always done in the presence of 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 of your choosing. As you know, this would require a modification to the. Consent Order. 1do However, the CAT is not see any benefit in modifying the agreement interested in reviewing any information that you at this time may have in for this request. your possession that will aid them intheir determination. In that light, please contact meifyou desire to have your expert speak to the panel. I have been authorized to allow your expert a small window of time to share any information he or she may have on this issue. aspects Finally, regarding the Freedom of West Virginia's FOIA law. of Information However, the Act law requests. The DEP will comply with is clear that FOIA requests are only all 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 fora small fee. The documents will not leave the building. This system works with optimum efficiencyif the request for documents is specific and a specific time to review the documents is requested. That way the cToo uvseealnl sainicbolmeers ewisthtohetuoarpnrcoeveeofsparnedsreentoarnsdWreset Vtiegmrai'osn" -_-- ORTAN NEY [VPP E Tod TUVVIZ RAopbrielrt1A5.,2B0i0l2ot Page2 documents can be set out for inspection and retumed to ther normal location aftr the timefor {nspection has been completed Please contact me if you have any questions. Yours sincerely, (ASSL OCIAL TE CODU.NNSEEGLLEY cc: DDra.veDeWeatAkninnsStaats oe vcaancreeswoiurhcehsetonereodscotfapnredsernertstaorneedEBe,ulreVr giegnnae 7 " Te rg------ T ETTemen 000094