Document xjoqwmX57JroQ6853vNKzyvZE

NORTHERN KENTUCKY SUITE 340 OFFICE 1717 DIXIE HIGHWAY COVINGTON, KENTUCKY 41011-4704 606-331-2838 513-381-2838 FAX: 513-381-6613 DAYTON, OHIO OFFICE I - SUITE 900 110 NORTH MAIN STREET DAYTON, OHIO 45402-1786 937-228-2838 FAX: 937-228-2816 ROBERT A. BILOT (513) 357-9638 bilott@taftlaw.com TAFT, STETTINIUS & HOLLISTER LLP 425 WALNUT STREET, SUITE 1800 CINCINNATI, OHIO 45202-3957 513-381-2838 FAX: 513-381-0205 www.taftlaw.com CLNELAND, OHIO OFFICE 3500 BP TOWER 200 PUBLIC SQUARE CLEVELAND, OHIO 44114-2302 216-241-2838 FAX: 216-241-3707 COLUMBUS, OHIO OFFICE 21EASTSTATESTREET COLUMBUS, OHIO 43215-4221 614-221-2838 FAX:614-221.2007 November lo,2005 FEDERAL EXPRESS Dr. Charles M. Auer USEPA 1201 Constitution Avenue, Room 3 166A Washington, DC 20004 N. W. Jennifer Seed USEPA 1201 Constitution Avenue, N.W. Room 6334A Washington, DC 20004 David Douglas Remediation Division Superfund & Emergency Response Section Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 Mary Dominiak USEPA 120 1 Constitution Room 44 1OS Washington, DC Avenue, 20004 N. W. James Kelly, M.S. Health Assessor Site Assessment and Consultation Unit Environmental Health Division Minnesota Department of Health 121 E. 7th Place, Suite 360 St. Paul, MN+ 55164 Donald Kriens Industrial Division Land & Water Quality Section Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 Re: Perfluorochemical Residential Exnosure Data For Washington Countv. Minnesota* Ladies and Gentlemen: After forwarding to you our letter of October 20,2005, on the referenced topic, we received from the 3M Company corrections to certain data that we had attached at Exhibit C to that letter. The revised data received from 3M is attached hereto at Exhibit A. In addition, we found two typographical errors in Chart A included in our October 20,2005, letter. The "212.40" WO574288.1 .I .: Dr. Charles M. Auer Jennifer Seed Mary Dominiak James Kelly David Douglas Donald Kriens November lo,2005 Page 2 ppb total PFCs referenced on the tenth line of Chart A on page 4 of the letter should read "296.26" ppb total PFCs. In addition, the "29.64136.80" ppb total PFCs referenced on the 4th line of Chart A on Page 6 of the letter should read "39.08/36.80" ppb total PFCs. Please include these corrected data in USEPA Administrative Record 226 and OPPT-2003-0012. Thank you. ; Robert A. Bilott RAB/mdm Enclosures cc: Timothy J. Keane, Esq. (w/ encl.)(City Jerome P. Filla, Esq. (w/ encl.)(City of Dr. Helen Goeden (w/ encl.)(MHD) Ingrid J. Verhagen (w/ encl.)(MHD) Gale D. Pearson, Esq. (w/o encl.) Stephen J. Randall, Esq. (w/o encl.) Rhon E. Jones, Esq. (w/o encl.) J. Mark Englehart, Esq. (w/o encl.) David B. Byrne III, Esq. (w/o encl.) R. Edison Hill, Esq. (w/o encl.) Larry A. Winter, Esq. (w/o encl.) Gerald J. Rapien, Esq. (w/o encl.) of Oakdale Lake Elmo Counsel) Counsel) W0574288.1 g3 3 _ - , . ,, p a uy yLLJ17 `~ J IJa J t[jJ045 INTERROGATORY NO. 3 : Identify each human drinking water supply in Minnesota or Wisconsin where any PFCs have ever been detected, specifying the dates of each such detection for each such water supply, the level and/or concentration of each PIF-C detected, and the identity of the entity(s) who conducted and/or arranged for the sampling and analysis _ ANSWER : See 3M's General Objections and specific objections in its Answers to Plaintiffs' Discovery Requests, which are incorporated in this response by reference . Subject to and without waiving its general objections and the objections to this interrogatory stated below, 3M states as follows : 3M incorporates by reference its response to Interrogatory No_ 3 from its Answers to Plaintiffs' Discovery Requests in its entirety with the corrections and amendments provided below . 3M is correcting a typographical error in the title of the data table presented on Page 16 of 3M's Answers to Plaintiffs' Discovery because the date cited in the title is incorrect. The title should read "Oakdale December 22, 2004 Sampling Results (ug/L)" instead of "Oakdale December 22, 2005 Sampling Results (ug/L)_" Additionally, 3M is correcting the analytical results reported in the table because of a transcription error . The corrected table is as follows = 5 ti/04/05 FRI 17 :32 [TX/RX NO 58551 ~ _ _ _ -_ .__ - .LvJLlJ WLO11/04 5 Oakdale December 22, 2004 Sampling Results (ng/1,) YFOA MDH Well Number Exygen Exygen Exygen ~H Measured MDH Result Duplicate Average Measured Value Average 1 2 Value Duplicate 0.0891 0_0965 0.0928 NA NA NA 0 .0764 0_0999 0_0882 NA NA NA 3 NI) ND ND NA NA NA 5 0_8I5 0.900 0.858 NA NA NA 7 0_322 03 17 03 20 NA NA NA 8 0 .676 0.677 0 .677 NA NA NA 9 NS NS NS NA NA NA Well Number PFOS MDH Exygen Exygen Exygen ~H Measured MDH 1 2 Result Duplicate Average M~~~ Value Value D Averag e licate 0 .0561 0 .0566 0 .0564 NA NA RA NQ NQ NQ NA NA NA 3 ND ND ND NA NA NA 5 7 8 0 .861 1 .07 0 .966 NA NA NA 0 .250 0 .262 0 .256 NA NA NA 0.895 0 .869 0.882 NA NA NA 9 NS NS NS All results in ug/L. (parts per billion or ppb). NS - Not sampled . ND - Not detected_ NA NA NA NC - Not calculated . NA - Not analyzed_ For Exygen data : ND - Not detected at or above 0 .025 ug/L (25 parts per trillion)_ IvQ - Not quantifiable = Response at concentration between 0.025 ug/i. . and the Limit of Quantitation (LOQ) of 0.050 ug/C. (50 parts per trillion) . For MDH data: Report level is 0_5 ppb for PFOS and 1 .0 ppb for PFOA. Where data is reported at less than these values, it represents Measured Values. 3M presented data in a table on page 19 for March 2005 and on page 20 for April 2005 Oakdale Municipal Well sampling results . The values listed as Exygen results are actually the MDH results for March . Thus, the April results on page 20 should be deleted. There are no April 2005 results from either MDH or Exygen . ~ 1 1 /04/05 FRI 17 :32 1TY/RX NO 585 5 1 - - - -., .. ... . - ., -- pLVJ UJO/ . 6 U4 .7 3M previously pro vided MDN results for the August 2005 Oakdale Municipal Well sampling episode- Results from 3M's Environmental Laboratory for August 2005 are now available and provided below : Oakdale August X2, 2005 Sampling Results (ug/L) 3M Environmental Laboratory Results PFOA Well Number 3M 3M 3M Result Duplicate Average 1 NS NS NS 2 NS NS NS 3 NS NS NS 5 0-815 0 .876 0.846 7 0.305 0-272 0 .288 8 0-544 0-540 0.542 9 0.874 0.837 0 .856 Well Number PFOS 3M 3M 3M Result Duplicate Avet-aLe I NS NS NS 2 NS NS NS 3 NS NS NS 5 1-10 L15 1 .12 7 0 .264 0-231 0.248 8 0 .653 0 .638 0-646 9 0.559 0.599 0-579 All results in uglL (parts per billion or ppb)NS - Not sampled ND - Not detected . NC - Not caloulated- NA, - Not analyzed . For $xygen data: ND - Not detected at or above 0 .025 ug/L (25 parts per trillion) . NQ - Not quantifiable = Response at concentration between 0-025 ug/L and Quantitation (LOQ) of 0-050 ug/L (50 parts per trillion) . For MDH data : the Limit of Report level is 0-5 ppb for PFOS and 1-0 ppb for PFOA Where data is reported at less than these values, it represents Measured Values. 6 11/04/05 FRI 17 :32 [TX/RX NO 58551 WJ V tl V 't J P. 3M is correcting the 3M Cottage Grove Plant Building 116 Sampling Results for May 16, 2003 presented on Page 33 of 3M's Answers to Plaintiffs' Discovery Requests because of a typographical error. The result for the Bldg 116 Outlet duplicate sample value for PFOS is 0_634 ug/L instead of the reported 0_517 ug/L_ The corrected table is as follows : Building 116 Sampling Results for May 16, 2003 Exygen Results PFOS PFOA Sample ID (ug/L or part s (ug/Y' or per billion) parts pe r bfilion Bld 116 Outlet 0 .596 5 .29 Bldg 116 Outlct* 0.634 5 .58 ND = Not detected = Response between 0 and 0 .025 ug/L NQ = Not quantifiable = Response between 0 .025 ug/L and LOQ (0A50 ug/L) *Laboratory Duplicat e 3M also is supplementing the Cottage Grove Plant Building 116 Sampling Results discussion on Pages 33 and 34 of 3M's Answers to Plaintiffs' Discovery Requests to add MDH sampling results for December 7, 2004 and Exygen sampling results for February 14, 2005 and April 18, 2005 that have recently been located . Data sununary tables for these dates are as follows- Building 116 Sampling Results for December 7, 2004 MDR Results, ug/L or parts per bill io n PFOS PFOA Sample 1D Field ID Measured Repo rted Measured Reported Value Level Value Level u/ L u u uL 200432759 04-646 0.0 < 0.5 200432760 04-647 0.0 < 0 .5 Note- The reporting level is 0 .5 ppb for PFOS and 1 .0 ppb for PFOA. 0.0 <1 .0 0.0 <1 .0 11/04/05 FRI 17 :32 (TX/RX NO 58551 ----- - ~U9,U!U4 J Building 1 16 Sampling Results for Februa ry 14, 2005 Exygen Result s PFOS PFOA Sample ID (ugfL or parts (ug/I' or per billion) pa rts per billion) Effluent ND ND Effluent* ND ND Effluent PY13 ND ND ND = Not detected = Response between 0 and 0 .025 ug/L NQ = Not quantifiable = Response between 0.025 ug/L and LOQ (0.050 ug/L) "Laboratory Duplicate Building 116 Sampling Results for April 18, 2005 Exygen Results ug/L or parts per billio n Sample ID PFOS PFOA (ug2) (ng(L) Effluent ND ND Efflueut* Np ~ Effluent Du ND ~ ND = Not detected = Response between 0 and 0.025 ug/L NQ = Not quantifiable = Response between 0 .025 ug/L and LOQ (0.050 ug/L) *Laboratory Duplicate Additional data for Building 116's water distribution system can be found in 3M's submissions to EPA, pursuant to the Letter of Intent, which are publicly available in the EPA PFOA docket_ Data for the water distribution system from 2001 through June 21, 2005 can be found in the most recent Letter of Intent submission dated August 1, 2005 . 3M is correcting PFOA sampling results reported for the Trap Range on the Cottage Grove site on Pages 34 and 35 of 3M's Answers to Plaintiffs' Discovery Requests because of typographical errors. The PFOA. result for the laboratory duplicate and field duplicate discussed on Page 35 was incorrectly reported as "0_0565 ug/L" and "0_0571 ug/L" respectively . Th e 11/04/05 FRI 17 :32 [TX/RX NO 58551 correct PFOA results are 0_565 ug/I., for the laboratory dup licate and 0_571 ug[L for the field dupucate_ The corrected discussion reads as follows : "PFOA was measured at 0 .541 ug/L (parts per bil li on), with 0.565 ug/L in the laboratory duplicate and 0 .571 ug/1. in the field duplicate ." 9 11/04/2005 15 :56 FAX LC3175 ~t1b11/00 3 STATE OF MINNESOTA COUNTY OF RAMSEY VERIFICATION ) ) ss) Michael A. Santoro, being Director of Environmental, Health, Safety, and Regulatory Affairs for Defendant 3M Company, and being dcily sworn states : That he is the Director of Environmental, Health, Safety, and Regulatory Affairs for Defendant 3M Company (3M), and that he verifies the foregoing Answers to Interrogatories for and on behalf of 3M, and is duly authorized to do so; that certain of the Tu atters stated in the foregoing answers are not within his personal larnowledge ; and that the facts stated in said answers have been assembled by employees and/or legal counsel of 3M, who have infonued him that the facts stated herein are true a nd correct. SUBSCRIBED AND SWORN to before me this ~-~day of November, 2005 . ~~~~' I & .y Notafy Public ~- LYNDA L- CARLSpN y Notary Public Mnnesofa MP CWw*ssiwE*-gJam,ary 31,2010 Michael A . Santoro 11/04/05 FRI 17 :55 (TX/RX NO 58581