MAR
 
12
 
2002
10:
02
P.
51/
52
<~
o
UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
REGION
ifi­
OFFICE
OF
COMMUNICATIONS
AND
GOVERNMENT
RELATIONS
1650
Arch
Street
Philadelphia,
Pennsylvania
19103­
2029
Phoiie­
215f814­
5100
Fax­
215/
S14­
5102
EPA
Environmental
News
Contact:
Roy
Seneca
(
215)
814­
5567
March
12,
2002
EPA
reaches
consent
agreement
with
DuPont
on
plan
to
supply
drinking
water
PhILADELPHIA
­
The
U.
S.
Environmental
Protection
Agency
has
finalized
a
consent
agreement
with
13.
I.
Dupont
de
Nemours
&
Co.
(
DuPont),
which
would
require
the
company
to
provide
an
alternate
drinking
water
supply
toresidents
in
communities
surrounding
its
Washington
Woilcs
facility
near
Parkersburg,
W.
Va.
ifwater
supplies
show
high
levels
ofAmmonium
Perfinorooctanoate
(
or
CS),
an
unregulated
contaminant.

C8
has
been
used
since
the
1950s
by
DuPont
in
its
fluoropolymer
manufacturing
processes
at
the
Washington
Works
facility.
The
company
has
historically
disposed
of
CS
wastes
through
direct
discharges
to
the
Ohio
River,
into
three
nearby
landfills
and
by
air
emissions.

Levels
of
CShave
been
identified
inmunicipal
wells
in
Lubeck,
W.
Va.
and
Little
Hocking,
Ohio,
in
the
Ohio
River,
and
in
monitoring
wells
near
factory
discharges.
This
has
raised
concern
since
studies
have
shown
CS
to
be
toxic
to
animals
and
persistent
in
humans.

"
This
consent
agreement
is
a
proactive
approachinvolving
the
cooperation
ofthe
state
andfederal
governments,
and
private
indust~
yto
ensure
residents
a
safe
drinking
water
supply,"
said
Donald
S.
Welsh,
regional
administrator
for
EPA's
mid­
Atlantic
region.

Tn
November
2001,
the
West
Virginia
Department
ofEnvironmental
Protection,
the
West
Virginia
Department
ofHealth
and
Human
Resources,
and
DuPont
signed
an
agreement
that
provides
for
the
human
health
nsk
assessment
of
CS,
groundwater
and
surface
water
monitoring,
and
plume
identification
and
remediation.

(
more)

To
View
All
Press
Releases:
http:
l/
www.
epa.
gov/
region3/
r3press/
r3pret~..
htm
MAR
 
12
 
2~
2
1~:~
2
P.
52/
52
EPA
reaches
consent
agreement
with
Dupont
Page
2
Under
the
state
agreement,
a
"
screening
level"
for
a
safe
level
ofC8
in
drinking
waterwill
be
established.
The
EPA
order
sets
forth
procedures
which
DuPont
must
followto
provide
immediate
and
longterm
safe
drinking
water
to
users
ofpublic
or
private
water
supplies
in
West
Virginia
and
Ohio
where
CS
concentrations
exceed
screening
levels.

To
View
AH
Press
Releases:
http://
www.
epa.
gov/
region3fr3press/
r3press,
htin
TflT('~
I
0
~
UNITED
STATES
ENVIRONMENTAL
PROTECTiON
AGENCY
REGiON
III
1650
ARCH
STREET
PHILADELPHIA,
PA
19103
IN
THE
MATTER
OF:
)
REGION
V
77
WEST
JACKSON
BOULEVARD
CHICAGO,
IL
60604
oRDER
ON
CONS1~
NT
)
E.
I.
dii
Pont
de
Nemours
)
and
Company,
Incorporated
Washington
Works
Facility
Route
892
Washington,
WV
26181
Proceedingunder
section
1431
(
a)(
1)
)
of
the
Safe
Thinking
Water
Act,
42
U.
S.
C.
§
30Oi(
a~(
1)

Docket
Nos.
SDWA­
03­
2002­
0019,
SDWA­
05­
2002­~
29~

L
STATUTORYAUThORITY
1.
This
Order
on
Consent
("
Order")
is
issued
pursuant
to
the
authority
vested
in
the
Administrator
of
the
United
States
Environmental
Protection
Agency
("
EPA")
by
Section
143l(
a)(
1)
of
the
Safe
DrinkingWater
Act
("
SDWA"),
42
U.
S.
C.
§
3001(
a)
(
1).

2+
The
authority
to
issue
this
Order
was
delegated
to
the
Regional
Administrators
by
Delegation
No.
9­
17,
dated
May
11,
1994.

3.
Under
the
SDWA,
Congress
has
delegated
to
EPAbroad
authority
for
the
protection
of
public
water
supplies
and
drinkingwater
sources.

IL
DEFINITIONS
4.
The
term
"
Underground
Source
ofDrinking
Water"
("
USDW")
means
an
"
aquifer"
or
its
portion
which
supplies
a
public
water
system
("
PWS")
or
which
contains
a
sufficient
quantity
of
ground
water
to
supply
a
PWS
and
which
currently
supplies
drinking
water
for
human
consumption,
or
contains
fewer
than
10,000
milligrams
per
liter
(
mg/
i)
total
dissolved
solids,
and
is
not
an
exempted
aquifer.
~
40
C.
F.
RV
§
144.3,
))

)
UI.
FINDINGS
OF
FACT'
AND
CONCLUSIONS
OFLAW
5.
E.
I.
du
Pont
de
Nemours
and
Company,
Incorporated
("
DuPont"),
is
a
corporation
and
is
therefore
a
"
person"
within
the
meaning
of
Section
1401(
12)
ofthe
SDWA,
42
U.
S.
C.
§
3001(
12).

6.
DuPontowns
and
operates
a
manufacturingfacility,
known
as
the
Washington
Works
("
Facility"),
located
in
Washington,
Wood
County,
WestVirginia.

7.
Ammonium
perfluorooctanoate,
CAS
Number
3825~
26­
l(
hereafter
"(>
8"),
is
a
pcrfluorinated
surfactant
that
DuPont
has
used
in
its
fluoropolymer­
related
manufacturing
processes
at
the
Facility
since
the
early
1950s.

8.
Residues
containing
C­
S
generated
by
the
Facility
are
or
have
been
released
to
the
air,
discharged
to
the
Ohio
River,
disposed
of
at
the
Facility,
Dry
Run
and
Letart
landliifls
in
West.
VirginIa
("
disposal
sites")
and
otherwise
shipped
off­
site
for
destruction
and/
or
disposal
including
into
unlined
landfills.

9.
Studies
performed
by
DuPont
and
Minnesota
Manufacturing
and
Mining
Corporation
(
a
manufacturer
of
C­
8)
("
3M")
have
determined
that
(>
8
in
sufficient
doses,
i.
e.,
considering
both
amount
and
duration
ofexposure,
is
toxic
to
animals
through
ingestion,
inhalation
and
dex­
rnal
contact.
Studies
have
also
f~
undthat
0.8
is
persistent
in
humans
and
the
environment.
EPA
is
conducting
a
preliminary
hazard
assessmentof
(>
8
under
the
Toxic
Substances
Control
Act
("
TSCA").

10.
Recently,
C­
S
has
been
detected
in
the
underground
source
ofdrinking
Water
used
to
supply
the
following
locations,
at
the
following
levels:

Lubeck,
WV,
PSD;
0.8
micrograms/
liter
(
ug/
I)
(
1~
t~
quarter
2000)

Facility
ProductionWells:
1.99
ugh
(
Well
336,
1998)
1.45
ugh
(
Well
332,
1999)

Facility
Drinking
Water
Taps:
0.213
ugh
(
Building
5,
1999)
0.496
ugh
(
Building
293,
1999)
0,306
ugh
(
Building
231,
1999)
0.135
ugh
(
Building
363,
2000)

Little
Hocking,
OH,
PWS:
1.840
ugh
(
Well
1,
12/
01)
3.730
ugh
(
Well
2,
12/
01)
0.855
ugh
(
Well
3,
12/
01)
7.690
ugJl
~
Wefl5,
12/
01)

1.720
ugfl
(
Well
1,
1/
02)
2.970
ugh
(
Well
2,
1/
02)
0.744
ugh
(
Well
3,
1/
02)

2
6.220
ugh
(
Well
5,
1/
02)

11.
Although
recent
sampling
shows
lower
levels,
groundwater
datafrom
Letart
landfill
has
shown
C­
8
concentrations
as
high
as:

On­
site
monitoring
well
MW1
24,000
ugh
(
1998)
On­
site
monitoring
well
MW.~
2A
990
ugh
(
1998)

Private
wells
near
the
Letart
landfill
whcn
tested
for
C­
8
in
2001
showed
levels
of
0.42
ugh,
0.296
ugh,
and
0.085
ugh;
tap
samples
from
the
only
well
in
the
area
of
Letart
landfill
which
is
currently
known
to
supply
drinking
water
showed
levels
of0.031
ugh,
0.046
ugh
and
0.053
ugJI
(
duplicate
sample).

12.
The
C­
S
discharged
by
the
Facility
is
a
contaminant
present
in
or
is
likely
to
enter
a
PWS
or
an
USDW
through
the
migration
from
air
emissions,
surface
water
discharges
or
from
unlined
landfills,
and
may
present
an
imminent
and
substantial
endangerment
at
levels
exceeding
14
ugh
in
water
used
for
human
consumption
based
on
`~
AHazard
Narrative
for
Perfluorooctanoate
(
PFOA)"
a
final
report
prepared
by
ENVIRON
International
Corporation,
January
24,
2002
(
hereafter
"
ENVIRON
report")
for
DuPont
13.
DuPont,
the
WestVirginia
Department
of
Environmental
ProtectionC'WVDEP"),
and
the
WestVirginia
Department
of
Health
and
Human
Resources
("
WVDHHR")
have
entered
in
an
agreement
on
consent
("
VVV
Order"),
dated
November
15,
2001,
attached
hereto,
which
provides
for,
biter
afia~
a
toxicological
and
human
health
risk
assessment
of
0.8
t.
o
be
conducted
under
the
supervision
ofa
C­
8
Assessment
ofToxicity
("
CAT")
Team
pursuant
to
theWV
Order,
as
well
as
ground
and
surface
water
monitoring
and
plume
identification.
DuPont,
in
a
letter
dated
February
11,
2002,
attached
hereto,
also
agreed
to
perform
sampling
of
private
and
public
ground
water
wells
within
a
1­
mile
radius
of
the
Little
Hocking,
Ohio
PWS
well
field,
following
the
protocol
established
in
theWV
Order.
(
Hereafter,
the
sampling
required
by
the
\
1STV
Order
and
the
additional
sampling
agreed
to
by
DuPont
willbe
referred
to
as
"
sampling
in
WV/
OH.")

14.
C­
8
is
currently
not
a
contaminant
for
which
a
national
primary
drinking
water
regulation
has
bccn
established
pursuant
to
the
SDWA,
however,
for
the
purpose
ofthis
Order,
DuPont
and
EPA
agree
to
use
the
level
of
14
ugh
C­
8,
as
set.
forth
in
the
ENVIRON
report,
as
the
temporary
threshold
level
for
provision
of
alternate
water
as
required
by
paragraph
17
ofthis
Order.

15.
DuPont
and
EPAfurther
agree
to
use
the
screening
level
for
(>
8
to
be
established
by
theWV
Order
as
the
threshold
level
for
the
provision
ofalternate
water
required
by
paragraphs
18
through
23
of
this
Order,
in
lieu
ofthe
level
set
forth
in
paragraphs
12
and
14
of
this
Order.

16.
EPA
has
consulted
with
the
WVDEP,
WVDHHR,
the
Ohio
Environmental
Protection
Agency
("
OEPA")
arid
the
Ohio
Department
ofHealth
("
ODH")
to
confirm
that
the
infonnation
on
which
this
Order
is
based
is
correct.
and
to
ascertain
the
action
that
the
state
and
local
authorities
are
or
will
be
taking.
WVDHHR,
OEPA,
arid
ODHhave
requested
that
EPA
take
this
action.
EPA
has
concluded
that
all
requisite
conditions
have
been
satisfied
for
EPA
action
wider
Section
1431(
a~(
1)
ofthe
SDWA,
42
U.
S.
C.
§
300i(
a)(
1).

3
IV.
ORDERONCONSENT
Pursuant
to
the
authority
issued
to
the
EPA
Administrator
by
Section
1431
(
a)(
1)
ofthe
SDWA,
4~
U.
S.
C.
§
300i(
a)(
1),
and
delegated
to
the
Regional
Administrators,
DuPont
is
ORDEREJ)
and
hereby
consents
to
the
following
Prç,
vision
ofAkern~
teDinkingWate~

17.
As
soon
as
practicable,
but
not
later
than
fifteen
(
15)
days
following
receipt
ofvalidated
sampling
results
performed
in
accordance
with
theWV
Orderfor
sampling
in
WV/
OH,
DuPont
shall
provide
a
temporary
akernate
drinking
water
supply
forusers
ofany
private
drinking
water
well
and
PWS
in
WestVirginia
or
Ohio
where
such
results
show
the
level
ofC­
8
exceeds
14
ugh.
A
"
temporary
alternate
drinking
water
supply"
shall
mean
connection
to
aPWS,
connection
to
a
new
water
well,
adequately
treated
water
or
water
from
some
other
source,
including
bottled
water
or
bulk
water
from
a
tank
truck
that
meets
the
water
quality
requirements
of40
C.
F.
R.
§
141
and
has
a
level
of
0.8
no
greater
than
14
ugh;
is
in
sufficient
quantity
for
all
reasonable
domestic
uses
including
drinking
and
cooking;
and
is
provided
in
a
manner
convenient
to
the
users.
DuPont
shall
continue
to
provide
this
temporary
alternate
drinking
water
supply
until
DuPont
fully
implements
the
Akernate
Drinking
Water
Plan
pursuant
to
paragraphs
18
through
23
of
this
Order.
DuPont
shall
be
responsible
for
all
operation
and
maintenance
costs
ofthe
alternate
drinking
water
supply.

18.
As
soon
as
practicable
but
not
later
than
thirty
(
30)
days
after
a
determination
by
the
Groundwater
Investigation
Steering
Team
("
GIST")
established
pursuant
to
theWVOrder
that.
a
private
drinking
water
well
orPWS
in
WestVirginia
or
Ohio
contains
C­
8
at
levels
greater
than
the
screening
level
developed
pursuant
to
theWV
Order,
DuPont
shall
submitto
EPA
for
approval,
arid
to
WVDHHR,
WVDEP
and
OEM,
as
appropriate,
for
review,
an
Alternate
Drinking
Waler
Plan
which
identifies
all
actions
necessary
to
enable
DuPontto
fullycomply
with
the
requirements
ofparagraphl9
through
23
ofthis
Order.
The
Alternate
Drinking
Water
Plan
shall
include
a
schedule
ofimplementation
for
such
actions.

19.
The
Alternate
Drinking
Water
Plan
shall
provide
that~

a
DuPont
shall
assure
the
provision
ofan
alternate
supply
of
drinkingwater
to
all
users
ofany
PWS
and
any
private
drinking
water
well
in
WestVirginiaor
Ohio,
identified
puráuant
to
sampling
in
WV/
OH,
where,
and
for
so
long
as,
the
level
of
C­
8
exceeds
the
screening
level
developcd
pursuant
to
theWVOrder.

b.
Such
levels
shall
be
determined
by
monitoring
performed
using
a
test
procedure
established
by
the
GIST
pursuant
to
theWVOrder~
Such
alternate
supply
ofdrinkingwater
is
to
be
provided
atno
cost
to
the
users
ofsuch
PWS
or
private
drinking
water
wells,
except
for
usual
service
fees
incurred
by
usersofa
PWS.
c.
DuPontwill
provide
notice
to
all
users
of
such
PWS
and
private
drinking
water
wells
ofthe
availability
ofthe
alternate
supplyof
drinkingwater,

4
cL
An
"
alternate
supply
ofdrinking
water"
shall
mean
connection
to
a
PWS,
connection
to
new
water
well,
adequately
treated
water
or
water
from
some
other
source,
acceptable
to
EPA,
that
meets
the
water
quality
requirements
of40
C.
F.
R.
§
141
and
has
a
level
of
C­
S
no
greater
than
the
screening
level
established
pursuant
to
theWV
Order;
is
in
sufficient
quantity
for
all
reasonable
domestic
uses
including
drinking
and
cooking;
and
is
provided
in
a
mannerconvenient
to
the
users.
DuPont
shall
be
responsible
for
all
operation
and
maintenance
costs
ofthe
alternate
supply
ofdrinking
water
for
the
duration
of
operation
pursuant
to
this
Ordtr,
unless
the
alternate
supply
of
drinking
water
is
provided
by
connection
to
a
PWS.

20.
Following
the
initial
submittal
of
the
Alternate
Drinking
Water
Plan
by
DuPont,
if
EPA,
in
consultation
with
WVDHHR,
WVDEP,
and
OEPA,
as
appropriate,
determines
that.
modifications
are
necessary
to
DuPont's
Alternate
Drinking
Water
Plan,
DuPontshall
make
such
modifications
as
EPA
may
specify
to
satisfy
the
requirements
ofthis
Order
and
submita
revised
Alternate
Drinking
Water
Plan
within
forty­
five
(
43)
calendar
days
ofnotification
by
EPA.

21.
Upon
EPA's
approval
of
the
Alternate
DrinkingWater
Plan
(
or
revised
Alternate
Drinking
Water
Plan,
as
the
case
may
he),
DuPont.
shall
implement,
in
accordance
with
the
apI)
roved
schedule,
any
and
all
actions
necessary
to
comply
with
the
requirements
of
paragraphs
18­
20.

22.
Within
thirty
(
30)
calendar
days
of
EPA's
approval
ofthe
Alternate
Drinking
Water
Plan
(
or
revised
Alternate
Drinking
Water
Plan,
as
the
case
may
be),
and
quarterly
thereafter,
DuPont
shall
submit
to
EPA,
W'TDHHR,
WVDEP,
and
OEPA,
written
reports
summarizing
all
actions
taken
in
accordance
with
this
Order
("
progress
reports").
DuPont
shall
continue
to
submit
progress
reports
until
such
time
as
EPA
provides
written
notice
that
the
reports
arc
no
1ong~
r
necessary,
or
this
Order
is
terminated.

All
progress
reports
requiredby
this
paragraph
shall
contain
the
following
certification,
which
shall
be
signed
by
a
responsible
corporate
officer:

I
certify
under
penalty
oflaw
that
this
document
and
all
attachments
were
prepared
under
my
direction
or
supervision
in
accordance
wIth
a
system
designed
to
assure
that
qualified
personnel
properly
gathered
and.
evaluated
the
information
submitted.
Based
on
my
inquiry
of
the
person
or
persons
who
manage
the
system,
or
those
persons
directly
responsible
for
gathering
the
information,
the
information
submitted
is,
to
the
best
ofmyknowledge
and
belief,
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
information,
including
the
possibility
of
fines
and
imprisonment
forknowing
violations.

For
purposes
of
this
Order,
a
responsible
corporate
officer
shall
he
(
i)
a
president,
secretary,
treasurer,
or
vice­
president
ofDuPont
in
charge
ofa
principal
business
function,
or
any
other
personwho
performs
similar
policy­
or
decision­
making
functions
for
DuPont,
or
(
ii)
the
manager
of
the
Facility,
if
the
Facility
employs
more
than
250
persons
or
has
gross
annual
sales
or
5
expenditures
exceeding
$
25
million
(
in
second
quarter
1980
dollars),
if
authority
to
sign
documents
has
been
delegated
to
the
manager
in
accordance
with
corporate
procedures.

23.
All
submittals,
including
reports,
required
under
this
Order
shall
be
submiti:
ed
to
the
following
addressees:

As
to
EPA:
Roger
Reinhaxt
(
3WP32)
U.
S.
EPA
Region
III
1650
Arch
Street
Philadelphia,
PA
19103­
2029
Kelley
Moore
(
WG­
15J)
U.
S.
EPA
Region
V
77
WescJackson
Boulevard
Chicago,
IL60604
As
to
WVDHI­{
R:
Victor
Wilfbrd
Division
ofEnvironmental
Engineering
Office
of
Fnvirorimental
Health
Services
Department
of
Health
and
Human
Resources
815
QuarrierStrcet,
Suite
4.18
Charleston,
WV
25301
As
to
WVDEP:
David
Watkins
Ground
Water
Protection
Section
Division
of
Water
Resources
WestVirginiaDepartment
of
Environmental
Protection
1201
Grecabrier
Street
Charleston
WV
25301
As
to
OEPA:
Michael
Baker
Division
of
Drinking&
Ground
Waters
Ohio
Environmental
Protection
Agency
122
South
Front
Street
Columbus,
OH
43215
6
V.
GENERALPROViSIONS
24.
DuPont
admits
the
jurisdictional
allegations
set
forth
herein
and
waivcs
any
defenses
it
might
have
as
to
jurisdiction
and
venue
and
agrees
not
to
contest
any
of
the
findings
of
factor
conclusions
of
law
herein
in
any
action
to
enforce
this
Order.
Except
as
to
any
proceeding
brought
by
EPA
to
enf~
rcethis
Order,
in
agreeing
to
this
Order
DuPont
makes
no
admission
of
fact
or
law
and
reserves
all
rights
and
defenses
available
regarding
liability
or
responsibility
in
any
other
legal
proceeding
related
to
the
subjectmatter
ofthis
Order.

25.
This
Order
shall
apply
to
and
be
binding
upon
DuPont.
and
its
agents,
Successors,
and
assigns.

26.
This
Order
may
be
modified
only
upon
written
consent
ofall
parties.

27.
Nothing
in
this
Order
shall
be
construed
as
prohibiting,
altering
or
in
any
way
climninating
the
ability
of
EPA
to
seek
any
other
remedies
or
sanctions
available
by
virtue
of
DuPont's
violations
of
this
Order
or
ofthe
statutes
and
regulations
upon
which
this
Order
is
based
or
fbr
DuPont's
violation
of
any
applicable
provision
oflaw.

28.
This
Order
shall
not
relieve
DuPont
of
its
obligation
to
comply
with
all
applicable
provisions
of
federal,
state
or
local
law,
nor
shall
it
be
construed
to
be
a
ruling
on,
or
determination
of,
any
issue
related
to
any
federal,
state
or
local
permit.

29.
Nothing
in
this
Order
is
intended
to
nor
shall
be
construed
to
operate
in
any
way
to
resolve
any
criminal
liability
of
DuPont.
Compliance
with
this
Order
shall
not
be
a
delènse
to
any
actions
subsequently
commenced
for
any
violation
of
federal
laws
and
regulations
administered
by
EPA,
and
itis
the
responsibility
of
DuPontto
comply
with
such
laws
and
regulations.
EPA.
reserves
the
right
to
undertake
action
againstany
person,
including
DuPont,
in
response
to
any
condition
which
EPA
determines
may
present.
an
imminent
and
substantial
endangerment.
to
the
public
health,
public
weli~
ireor
the
environment.

30.
The
undersigned
representative
of
DuPont
certifies
that
he
is
fully
authorized
by
DuPont.
to
enter
into
the
terms
and
conditions
of
this
Order
and
to
execute
and
legally
bind
that
party
to
it.

31.
Pursuant
to
Section
1431(
b)
ofthe
SDWA,
42
U.
S.
C.
§
3001(
b),
violation
of
any
term
0
this
Order,
or
failure
or
refusal
to
comply
with
this
Order,
may
subject
DuPont
to
a
civil
penalty
of
up
to
$
15,000
per
day
per
violation
for
each
such
day
in
which
a
violation
occurs
or
failure
to
comply
continues,
as
assessed
by
an
appropriate
United
States
District
Court.

32.
When
DuPont
knows
or
should
have
known,
by
the
exercise
of
due
diligence,
of
an
event
that
might
delay
completion
of
any
requirement
ofthis
Order,
DuPont
shall
provide
notice
to
EPA,
in
writing,
within
ten
(
10)
business
days
after
DuPonti~
r~
t
knew,
or
in
the
exercise
of
due
diligence,
should
have
known,
of
such
event.
The
notice
shall
describe
in
detail
the
basis
for
the
delay,
including
whether
it
is
a
Force
Majeure
event,
and
describe
the
length
o!
precise
cause(
s)
o1~,
and
measures
to
be
taken
to
prevent
or
minimize
such
delay,
if
EPA
agrees
that
such
event
constitutes
Force
Majeure,
EPA
shall
extend
the
time
for
peribrinance
of
such
requirement,
in
7
wm~
ting,
to
cwupensatA~
br
the
de'ay
caused
by
the
Force
M~
jeureev4n$.
DuPonL"
s
L~
ailurcto
rwuf~'
ZPA
in
accord~
ncewith
this
paragrapb
shali
r~
idcrthis
pai~
a~
raph
void
and.
of
no
effect.
For
purpOses
orthis
Order,
rorce
Majeure
isdet~
nedas
an
event
arisuig&
om
the
c~
usc5beyond
the
.
niir~
lof
t)
uPonx,
and~
y
ml5Ly
cona~
oUedby
DnPonl;
which
delays
or
prevents
the
pcrmai,~
eeof
i~~
y
obligatiofl
umltz
this
Ortkr.
Unanticipated
or
increased
costs
or
expenses
~
edete4
with
the
implcmcittthon
of
this
Ordc~
and
dr~
w~
ctl
linaLithil
drcumsc~
inces,
failure
to
.~
plytor
a
rez~
iuredpermit
or
approval
or
to
provide
in
a
&
ucly
in~&
ticr~
1Iinformation
to
obiafri
~.
permit
or
appro~
1or
to
ob(
3ro~
Or
.`
tpprove
conixact~,~}
i~
llnor,
in
any
cvcnt,
constitute
F~~
c
M,
ijeiin~~
vent~.
E)
uPontreiexve.~
what
ever
ri~
b
±
~
irm~
yhave
to
~
i

pw~
EPA'S
detcrrniniuacrn
that
a
particulareventdoes~
rrnl'
rnn.
ctifTitP
Force
Maj~
urein
any
action
to
enforce
this
Order.

~.
This
Ordersba]
l
be
effective
upon
execution
by
all
parti~.
c.
Th~
Order
sb~
flr~
tn.
aix,
in
effect
until
DuPontfuii3hls
i~
obligations
pursuant
to
para~
aphs17
through
23
herein.
submits
a
wr~
rrenrequest
to
EPA
to
terrthate
this
Order,
and
EPAapproves
suchtermination
reQuest.

~
This
Consent
Order
may
be
executed
in
any
number
ofcounterpart
odgina1~,
eachof
whichshall
be
deemed
to
constitute
a~
original
a~
eern~
nt,
and
all
ofWhiCh
~
hall
constitute
one
agreement
The
e'~
ecufxaziot
one
couruExpart
by
anyparty
shall
have
the
sameforce
and
effa&
as
Ifcb~
Lparty
had
signed
all
other
counterparts.

3Z.
MI
ofdie
Li~
misand
conditions
of
tbis
Ordzrrogzther
comprise
one
a~
rcement,
and
ci,,
ch
of1&
m
n~.
nx~
3
and
conditions
is
in
corzsid~
roi.
ic,
ij
Uf
41
~
the
~&
kg~'
r
#
xrms
and
conditions.
In
the
eventr1~
tthis
Ordor,
or
one
qrinere
ofit.,
~
and
cou4itians~,
is
bc~
ixwalid,
~
a.~
ziu.
executed
1y
all
of
the
1b3~
ie.
sin
idcnticol
for~
z,~
r
is
not
ejprcived
in
such
idend~
a~
forzri
by
the
i~
egionalM
i3~
rDm~
tb~
enibe
entire
Order
sbafl
be
null
snd
uoa
SOORDERJ~
l):

~­­
~
Date:
Donald
S~
Welsh
L~
egIOZIaJAdxnithsrra.
tor
U.
S~
EnVironzTu~
La1F~
utectionA~
exicy,
R~
gionILL
Thon3a&
V.
Skinner
Re~
i,
a)
Mmrra,~
I
LS.
Fawirnnmtrni~
EP
u~
tii~
n
Agency,
RegionV
8
writing,
to
compensate
for
the
delay
caused
by
the
Force
Majeure
event.
DuPont's
failure
to
notify
EPA
in
accordance
with
this
paragraph
shall
render
this
paragraph
void
and
ofno
effect.
For
purposes
ofthis
Order,
Force
M~
jeureis
defined
as
an
event
arising
from
the
causes
beyond
the
control
ofDuPont,
and
any
entity
controlled
by
DuPont,
which
delays
or
prevents
the
performance
ofany
obligationunder
this
Order.
Unanticipated
or
increased
costs
or
expenses
associated
with
theimplementation
ofthis
Order
and
changed
financial
circumstances,
failure
to
apply
for
a
required
permit
or
approval
or
to
provide
in
a
timely
manner
all
information
to
obtain
a
permit
or
approval
or
to
obtain
or
approve
contracts,
shall
not,
in
any
event,
constitute
Force
Majeure
events,
DuPont
reserves
what
ever
rights
it
may
have
to
dispute
EPA's
determination
that
a
particular
event
does
not
constitute
Force
M~
jeurein
any
action
toènforce
this
Order.

3c~.
This
Order
shall
be
effective
upon
execution
by
all
parties.
This
Order
shall
remain
in
effect
until
DuPont
fulfills
its
obligations
pursuant
to
paragraphs
17
through
23
herein,
submits
a
written
request
to
EPA
to
terminate
this
Order,
and
EPA
approves
such
termination
request.

34.
This
Consent
Order
may
be
executed
in
any
number
ofcounterpart
originals,
each
of
which
shall
be
deemed
to
constitute
an
original
agreement,
and
all
ofwhich
shall
constauteo~
ie
agreement.
The
execution
ofone
counterpart
by
any
party
shall
have
the
same
force
and
effect
as
if
that
partyhad
signed
all
other
counterparts.

&~,
All
of
the
terms
and
conditions
of
this
Order
together
comprise
one
agreement,
and
each
ofthe
terms
and
conditions
is
in
consideration
ofall
of
the
other
t.
enns
and
conditions.
In
the
event
that
this
Order,
or
one
or
more
ofits
terms
and
conditions,
is
held
invalid,
or
is
not
executed
by
all
ofthe
signatories
in
identical
form,
or
is
not
approved
in
such
identical
form
by
thc
Regional
Administrators,
then
the
entire
Order
shallbe
null
and
void.

SO
ORDERED:

_______
___
Date:
Donald
S.
Welsh
Regional
Administrator
U.
S.
Environmental
Protection
Agency,
Region
III
 
 
 
Date:
rpflm~
V.
Skinner
Regional
Administrator
U.
S.
Environmental
Protection
Agency,
Region
V
x
AGREED
TO:

Date;
J
~
~

Plant
Manager,
Washington
Works
Facility
E.
1.
du
Pont
de
Nemours
and
Company,
Incorporated
9
w~~

February
11,2002
Michael
Baker,
Chief
Division
ofDrinking
and
Ground
Waters
Post
Office
Box
1049
Columbus,
OH
43216­
1049
Dear
Mr.
Biker;

On
behalfofE.
I.
du
Pont
de
Nernours
and
Company
("
DuPont")
I
want
to
thank
you
for
me~
ng
us
on
February
1,
2002,
to
thscu.
ss
issues
related
tQ
the
discovery
of
ammoniurn
perfluorooct~
oaie
(
APFO,
aLso
known
as
C8)
in
the
groundwater
at
the
Little
Wockin~
Water
Association
~
eiI
~
ld.
We
found
the
exchange
to
be
very
constnictive.

Pursuant
to
our
discussions
at
that
meeting,
we
have
raised
with
the
WestVirginia
Departxncnt
of
Environmental
Protection
("
WVDEP")
the
possibility
ofrepresentatives
of
the
Ohio
lnviron.
rnental
Pmtectiori
Agency
("
Ohio
EPA")
participating
on
the
Groundwatcr
Investigation
Steering
Team
(~
cGIST~~).
As
you
know,
the
GIST
was
formed
pursuantto
the
multi­
media
consent
order
("
MMCO")
that
was
issucd
to
DuPontby
WVDEP
arid
the
West
Virginia
Department
ofHealth
and
1~
iman
Resources,
effective
November
15,
2001.
The
purposeofthe
GIST
is
to
oversee
"
an
e~.
pedJtiousand
phased
approach"
for
the
assessment
of
the
presence
and
extent
of
C8
contamination
in
drinking
water,
groundwater
and
surface
water
at
and
around
DuPont's
Washington
Works
and
other
DuPont
facilities
in
West
Virginia.
The
WVDEP
representatives
with
whom
we
have
spoken
have
agreed
to
give
consideration
to
our
request,
and
we
are
awaiting
theirreply.

Regardiess
ofthe
position
taken
by
WVDEP
in
response
to
the
request
for
participation
by
Ohio
EPA
on
the
GIST,
DuPont
is
prepared
to
undertake
voluntarily
a
well
survey
and
sampling
ofprivate
groundwater
wells
in
the
area
ofthe
Little
Hocking
Water
Association
well
field
following
the
protocol
that
has
been
establish
under
theMMCO.
This
would
include
a
groundwater
use
and
well
survey
identifying
and
sampling
all
groundwater
wells
within
a
1­
mile
radius
ofthe
well
field.

We
arc
~
ireparedto
initiate
this
sampling
as
soon
as
the
logistics
can
be
worked
out
with
all
appropriate
~
ovenunenta1entities.
We
look
forward
to
working
with
you
and
other
representatives
ofOhio
EPA
in
this
matter.

Very
truly
yours,

David
M.
Rurak
Safety
Health&
Environmental
Manager
DuPont
Fluoroproducts
Q~
J~
TIFICATEOFSERVICE
I
certify
that
on
the
date
noted
below,
I
delivered
by
hand
two
copies
ofthis
Order
on
Consent
to
the
Regional
Hearing
Clerk,
U.
S.
EPA
Region
III,
and
one
copy
to
the
addressees
below
as
indicated:

VIA
CERTIFIED
MAIL
RETURN
RECEIPT
REQUESTED
Dated:~
t~~­
Bernard
J.
Reilly,
Esq.
DuPont
Legal,
Room
D
7082
1007
Market
Street
Wilmington,
DE
19898
Paul
Bossert,
Plant
Manager
DuPont
Washington
Works
Facility
Route
892
Washington,
WV
26181
Janet
E.
Sharke
(
3ECOO)
Senior
Asst.
Regional
Counsel
Office
ofEnforcement,
Compliance.
and
Environmental
Justice
EPA,
Region
111
1650
Arch
Street
Philadelphia,
PA
19103­
2029
CONSENT
ORDER
ISSUED
PURSUANT
TO
ARTICLES
S
and
12,
CHAPTER
22
AND
ARTICLE
1,
CHAPTER
16
OF
THE
WEST
VIRGINIA
CODE.

TO:
E.
L
DU
PONT
DE
NEMOURS
AND
COMPANY
DATE:
November
14,
2001
West
Virginia
Department
ofEnvironmental
Protection
Order
No.
GWR­
2001­
019
West
Virginia
Department
ofHealth
and
Human
Resources
This
CONSENT
ORDERis
issued
by
the
Director
ofthe
Division
ofWater
Resources
and
Director
ofthe
Division
of
Air
Quality,
West
Virginia
Department
ofEnvironmental
Protection,
and
the
Commissioner
of
the
Bureau
for
Public
Health,
West
Virginia
Department
of
Health
and
Human
Resources,
pursuant
to
the
authority
set
forth
in
more
detail
below.

1.
iNTRODUCTION
OF
PARTIES.

This
Consent
Order
is
entered
into
by
arid
between
the
West
VirginiaDepartment
of
Environmental
Protection
[
WVDEP},
the
West
Virginia
Department
ofHealth
and
Human
Resources
 
Bureau
for
Public
Health
[
WVDHHR­
BPHJ,
and
E.
I.
du
Pont
de
Ncrnours
and
Company
[
DuPorit]{
collectively
referred
to
as
the
"
Parties"].

IL
PURPOSE
OF
CONSENT
ORDETL
This
Consent
Order
sets
forth
a
series
oftasks
to
be
performed
by
the
Parties
in
order
to
determine
whether
there
has
been
any
impact
on
human
health
and
the
environment
as
a
result
of
releases
ofammonium
perfluorooctanoate
[
C8],
CAS
Number
3825­
26­
1,
to
the
environment
from
DuPont
operations.
CS
is
a
material
usedby
DuPont
in
its
fluoroproducts
manufacturing
process
at
its
Washington
Works
facility
located
at
Washington,
Wood
County.
West
Virginia.
CS
is
not
identified
as
a
hazardous
substance,
hazardous
waste
or
otherwise
specifically
regulated
under
West
Virginia
or
federal
statute
or
regulation.
This
Consent
Order
has
been
negotiated
in
good
faith
and
the
actions
undertaken
by
DuPont
pursuant
to
this
Consent
Order
do
not
constitute
an
admission
of
any
liability
on
its
part.
DuPont
retains
theright
to
controvert
in
any
other
proceedings,
other
than
proceedings
to
implement
or
enforce
this
Consent
Order,
the
validity
ofthe
findings
o.
fact
and
conclusions
of
law
set
forth
herein.
DuPont
agrees
to
comply
with
and
be
bound
by
the
terms
of
this
Consent
Order
and
further
agrees
in
any
proceeding
to
implement
or
enforce
this
Consent
Order
that
it
I
will
not
contest
the
validity
ofthis
Consent
Order
or
thejurisdiction
ofWVDEP
and
WVDHHRBPH
to
issue
it.

III.
DEFINITIONS.

Whenever
the
terms
identified
below
are
used
in
the
Consent
Order
or
in
any
exhibit
or
attachment
hereto,
the
following
definitions
shall
apply:

1.
"
The
Agencies"
shall
mean
the
Department
ofHealth
andHuman
Resources7
Bureau
for
Public
Health
and
the
Department
ofEnvironmental
Protection,
including
the
Divisions
of
Air
Quality
and
Water
Resources.

2.
"
C8"
shall
mean
the
chemical
compound
ammonium
perfluorooctanoate.

3.
"
Detection
Limit"
means
the
lowest
analytical
level
that
can
be
reliably
achieved
within
specified
limits
ofprecision
and
accuracy
under
routine
laboratory
conditions
for
a
specified
matrix.
It
is
based
on
quantitation,
precision
and
accuracy
under
normal
operation
ofa
laboratory
and
the
practical
need
in
a
compliance­
monitoring
program
to
have
a
sufficient
numberof
laboratories
available
to
conduct
the
analyses.

4.
"
Effective
Date"
shall
mean
the
date
set
forth
in
Section
XVII
ofthis
Consent
Order.

5.
"
EPA"
shall
mean
the
United
States
Environmental
Protection
Agency.

6.
"
Force
Majeure"
shall
mean
conditions
or
circumstances
beyond
the
reasonable
control
ofDuPont
which
could
not
have
been
overcome
by
due
diligence
and
shall
include,
without
limitation,
acts
ofGod,
action
or
inaction
of
governmental
agencies,
or
administrative
or
judicial
tribunals
or
other
third
parties,
or
strikes
or
labor
disputes
(
provided,
however,
DuPont
shall
not
be
required
to
concede
tp
any
labor
demands),
whichprevent
or
delay
DuPont
from
complying
with
the
work
plan.

7.
"
Groundwater
Monitoring
Well"
shall
mean
any
cased
excavation
or
openinginto
the
ground
made
by
digging,
boring,
drilling,
driving,
jetting,
or
other
methods
for
the
purpose
of
determining
the
physical,
chemical,
biological,
or
radiological
properties
ofgroundwater.
The
term
"
monitoring
well"
includes
piezorneters
and
observation
wells,
which
are
installed
for
purposes
other
than
those
listed
above,
but
does
not
include
wells
whose
primary
purpose
is
to
provide
a
supply
ofpotable
water
"
Groundwater
Well"
or
"
Well"
shall
mean
any
drilled
or
excavated
groundwater
collection
system
that
supplies
water
for
public,
private,
industrial,
or
agricultural
use
and
shall
include
drinking
water
wells.
As
used
in
this
Consent
Order,
this
term
applies
only
to
wells
located
in
West
Virginia.

9.
"
Reimbursable
Costs"
shall
mean
costs
attributable
(
on
an
hourly
basis)
to
the
work
ofDee
Ann
Staats,
Ph.
D.
in
the
negotiation
and
implementation
ofthis
Consent
Order,
the
costs
attributable
to
any
other
participants
on
the
CS
Assessment
ofToxicity
Team,
as
described
in
Attachment
C
to
this
Consent
Order,
who
arc
serving
in
that
position
as
contractors
to
WVDi~
P,
costs
incurred
by
WVDEP
in
connection
with
the
public
meetings
described
in
Attachment
C,
and
costs
attributable
to
any
contractor
retained
at
the
direction
of
the
Groundwater
Investigation
Steering
Team
(
GIST).

10.
"
Washington
Works"
shall
mean
the
manufacturing
facility
owned
by
DuPont
and
located
in
Washington,
Wood
County,
West
Virginia,
as
depicted
on
Exhibit
1
to
this
Consent
Order.

11.
"
The
Facilities"
shall
mean
the
Washington
Works
and
the
Local
Landfill,
depicted
on
Exhibit
1,
the
Letart
Landfill,
depicted
on
Exhibit
2,
and
the
DryRun
Landfill,
depicted
on
Exhibit
3.

12.
"
Reference
Dose"
or
"
RID"
shall
mean
an
estimate
(
with
uncertainty
spanning
perhaps
an
order
ofmagnitude
or
greater)
ofa
daily
exposure
level
for
the
human
population,
including
sensitive
subpopulations,
that
is
likely
to
be
without
an
appreciable
risk
ofdeleterious
effects
during
a
lifetime.
Chronic
RIDs
are
specifically
developed
to
be
protective
for
long­
tenn
exposure
to
a
compound.

13.
"
Screening
Level"
shall
mean
the
concentration
in
a
specific
media
such
as
air,
water,
or
soil,
that
is
likely
to
be
without
an
appreciable
risk
ofdeleterious
effects
during
a
lifetime
in
the
human
population.

XV.
WAIVER
OF
RIGHTS.

DuPont
waives
any
and
all
rights
it
may
have
to
appeal
or
challenge
the
validity
or
requirements
ofthis
Consent
Order,
and
shall
not
challenge
the
jurisdiction
of
the
Agencies
to
issue
this
Consent
Order.
This
Consent
Order
applies
to
and
is
binding
upon
the
Parties,
and
their
successors
and
assigns.

V.
FINDINGS
OF
FACT.

1.
CS
is
a
chemical
substance
which
has
no
established
state
or
federal
effluent
or
emission
standards.

2.
C8
is
a
perfluorinated
surfactant
manufactured
by
the
3M
Company
and
others.

3
Since
the
early
l9~
0'
sCS
has
been
usedby
DuPont
in
its
fluoropolymer­
related
manufacturing
processes
at
its
Washington
Works
facility,
located
in
Wood
County,
West
Virgima.

3.
Residues
containing
C8
from
fluoropolymer
manufacturing
processes
at
Washington
Works
are
or
have
been
released
to
the
air,
discharged
to
the
Ohio
River,
disposed
of
at
the
Facilities,
and
otherwise
shipped
off­
site
for
destruction
and/
or
disposal.
DuPont
also
captures
for
recycle
a
significant
portion
ofused
C8.

4.
No
permits
issued
to
DuPont
authorizing
releases
of
pollutants
to
the
environment
contain
specific
limitations
on
the
amount
of
CS
that
maybe
released
to
the
environment.
However,
CS
releases
arc
addressed
more
generally
in
WVDBP
Division
ofAir
Quality
permits
as
particulate
matter,
PM10
(
particulate
matterwith
an
aerodynamic
diameter
less
than
or
equal
to
10
microns),
or
as
a
volatile
organic
compound.

5.
Since
as
earlyas
1990,
DuPont
has
performed
regular,
voluntarywater
sampling
to
detect
the
presence
and
level
of
CS
in
and
around
certain
ofits
Facilities
in
West
Virginia
and
has
reported
the
results
ofthis
sampling
to
various
government
agencies.
Currently.
DuPont
also
samples
and
reports
CS
concentrations
in
water
as
required
by
permits
issued
by
WVDEP
and
EPA.

6.
As
a
result
ofDuPont's
sampling,
CS
has
been
detected
in
varying
concentrations
in
and
around
certain
ofits
Facilities
in
West
Virginia,
including
private
drinking
water
wells
and
public
water
supplies.

7.
Analyses
ofwater
samples
have
reported
levels
of
C8
in
the
Lubeck
Public
Service
District
("
LPSD")
drinking
water
supply.

8.
DuPont,
by
and
through
its
use
of
C8
in
the
fluoropolymer
manufacturing
process,
is
the
likely
source
ofCS
presence
in
and
around
certain
of
its
Facilities
in
West
Virginia,

9~
Along
with
environmental
sampling
for
CS,
DuPont
has
performed
and
participated
in
multiple
studies
examining
the
potential
effects
ofCS
exposure
on
human
health
and
the
environment.

10.
Studies
performed
by
DuPont
and
3M
have
determined
that
CS
in
sufficient
doses,
Le.,
considering
both
amount
and
duration
ofexposure,
is
toxic
to
animals
through
ingestion,
inhalation
and
dermal
contact.
Studies
have
also
found
that
C8
is
persistent
in
humans
and
the
environment.

11.
Although
DuPont
has
collected
a
large
amount
of
dataon
the
presence
ofCS
in
the
environment,
the
Agencies
believe
that
additional
information
will
assist
them
in
delineating
the
extent
and
concentrations
ofCS
in
the
environment
at
or
near
the
Facilities.
Available
data
collected
by
DuPont
indicates
that
CS
is
present
in
the
surface
and
groundwater
at
the
Letart
and
4
DryRun
Landfills
and
at
ornear
the
Washington
Works
facility.

12.
WVDEP
and
WVDHHR­
BPH
have
determined
that
it
is
desirable
to
ascertain
the
source
of
drinking
water
forpersons
potentially
exposed
to
CS
in
groundwater
or
surface
waters
in
the
area
ofthe
Facilities.

13.
EPA,
WVDEP,
and
WVDHHR­
BPH,
in
consultation
and
cooperation
with
one
anothcr,
haverequested,
and
DuPonthas
submitted,
information
and
documents
relating
to
the
detection
and
presence
of
CS
in
and
around
the
Facilities
and
documents
with
respect
to
the
human
health
studies
being
performed
related
to
CS
exposure.

14.
Based
upon
information
submitted
by
DuPont
and
reviewed
to
date
by
EPA,
WVDEP,
and
WVDHHR­
BPH,
the
Agencies
believe
that
additional
data
would
assist
in
their
evaluation
ofwhether
the
ground
and
surface
waters
now
containing
C8
have
a
complete
exposure
pathway
to
humans
and
whether
persons
in
and
around
the
Facilities
are
at
risk
of
adverse
health
effects
from
C8
exposure.

15
There
have
been
no
independent
governmental
or
non­
industrial
studies
performed
on
the
human
health
effects
of
C8
exposure
forthe
purpose
ofestablishing
an
exposure
standard
for
C8
applicable
to
the
general
public.

16­
The
Agencies
have
concluded
that
full
site
and
health
assessments
are
necessary
to
ascertain
the
extent
and
level
ofCS
concentrations
in
the
environment
and
to
assist
them
in
determining
whether
C8
presents
any
possible
danger
to
the
public.
DuPont
has
agreed
to
participate
and
assist
in
this
effort.

17.
The
fluoropolymers
industry
has
committed
to
EPA
to
reduce
total
actual
CS
emissions
for
either
the
year
1999
or
the
year
2000
by
50
percent
within
three
to
five
years
of
each
company's
commitment
date
)
DuPont
committed
to
this
goal
in
2000.

18.
DuPont
installed,
in
March
2001,
a
filter
and
carbon
treatment
system
at
its
Washington
Works
facility
that
is
demonstrating
removal
efficiency
of
90­
95%
ofthe
CS
in
its
major
C8­
containing
wastcwater
stream.

VI.
AUTHORITY
TO
ISSUE
CONSENT
ORDER
1.
The
WVDEP
is
the
state
agency
vested
with
the
authority
to
protect
the
environment
in
West
Virginia.

2.
Article
12,
Chapter
22
oftheWest
Virginia
Code,
the
Groundwater
Protection
Act,
grants
to
the
WVDEP
the
authority
to
protect
the
State's
groundwater
from
any
contaminant
5
and,
where
contaminated
groundwater
is
found,
to
institute
a
civil
action
or
issue
an
order
requiring
that
groundwater
be
remediated~

3.
Article
5,
Chapter
22
of
the
West
Virginia
Code,
the
Air
Pollution
Control
Act,
grants
to
the
WVDEP
the
authority
to
protect
the
State's
air
from
pollutants
and
to
institute
a
civil
action
or
issue
orders
to
enforce
the
statute.

4.
The
WVDHHR­
BPH
is
the
state
agency
vested
with
the
authority
to
regulate
and
protect
drinking
water
supplies
in
West
Virginia.

5.
Article
1,
Chapter
16
ofthe
West
VirginiaCode,
grants
to
the
WVDHHR­
BPH
the
authority
to
protect
the
public
drinking
water
supply
ofthe
state
and
to
perform
all
investigation
necessary
to
assure
its
purity
and
safety,
and
further
grants
to
the
WVDHHR­
BPH
the
authority
to
institute
actions
and
issue
orders
to
restore
the
purity
ofsaid
water
supply.

VU.
REQUIREMENTS
OF
CONSENT
ORDER.

The
Agencies
have
concluded
that
it
is
of
greatimportance
to
have
sufficient
data
upon
which
to
determine
the
scope
and
potential
risk
ofthe
presenceofCS
in
the
environment
in
and
around
the
Facilities.
Therefore,
the
Agencies
require
the
following:

A.
Establishment
of
Groundwater
Investigation
Steering
Team.

1.
A
"
Groundwater
Investigation
Steering
Team"
(
GIST)
shall
be
established
with
members
ofthe
team
consisting
of
WVDEP,
WVDHHR­
BPH,
EPA
Region
iLl,
and
DuPont.
The
WVDEP
representative
will
be
the
team
leader.
The
objectives
and
specific
tasks
ofthe
team
arc
set
forth
in
full
in
Attachment
A
ofthis
Consent
Order.
However,
the
primarypurpose
of
the
GIST
will
be
to
oversee
an
expeditious,
phased
approach
to
fulfilling
the
majorityofthe
requirements
set
forth
in
Sections
A
through
C.
The
workperformed
with
oversight
from
the
GIST
shall
be
funded
by
DuPont
in,
accordance
with
Section
VIII
ofthis
Consent
Order.

2.
Upon
eonc1usi~
nofkey
milestones
in
the
tasks
set
forth
in
Attachment
A,
the
GIST
shall
issue
interim
or
finai
reports
setting
forth
findings
offact
and
conclusions
regarding
background
data,
groundwater
monitoring,
and
plume
identification
as
described
in
Attachment
A.
Any
groundwater
monitoring
pian
developed
pursuant
to
Attachment
A
shall
survive
the
termination
ofthis
Consent
Order
and
shall
be
incorporated
as
a
minor
permit
modification
for
the
Facilities.
DuPont
reserves
the
right
to
request
modification
ofthe
plans
upon
renewal
ofthe
Facilities'
pen­
nits.

B.
National
Pollutant
Discharge
Elimination
System
Requirements.

6
I.
Except
as
occasioned
by
no­
flow
conditions,
DuPontshall
perform
monthly
sampling
for
CS
at
the
Local
Landfill
at
ccrtain
outfalls
identified
in
West
Virginiai'National
Pollutant
Discharge
Elimination
System
("
WV
NPDES")
Permit
No.
0076538
as
Outfalls
101,
004
and
005.

2.
Except
as
occasioned
by
no­
flow
conditions,
DuPont
shall
perform
monthly
sampling
for
CS
at
the
Washington
Works
facility
at
certain
outfalls
identified
in
WVNPDES
Permit
No.
WV0001279
as
Outfalls
001,002,
003,
005,
007,
and
105.

3.
Except
as
occasioned
by
no­
flow
conditions,
DuPont
shall
perform
monthly
sampling
for
CS
at
Thy
Run
Landfill
at
all
outfalls
identified
in
its
WV
NPDES
Permit
No~
WV0076244.

4.
Except
as
occasioned
by
no­
flow
conditions,
DuPont
shall
perform
monthly
sampling
for
C8
at
Letart
Landfill
at
all
outfalls
identified
in
its
WVNPDES
Permit
No.
WV0076066.

5.
With
respect
to
the
requirements
ofparagraphs
VI1.
B.
l
through
VII.
B.
4,
all
sampling
shall
be
performed
pursuant
to
established
EPA
guidelines,
where
applicable,
and
results
shall
be
delivered
to
the
WVDEP
within
thirty
days
0
receiving
such
results.
DuPont
shall
record
and
report
all
attempts
to
sample
under
no­
flow`
conditions.

6.
Within
90
days
ofthe
Effective
Date
ofthis
Consent
Order,
DuPont
agrees
to
obtain
a
sample
from
each
surface
or
alluvial
water
intake
for
public
water
supplies
along
the
Ohio
River
in
the
area
extending
ten
river
miles
downstream
ofthe
Washington
Works
facility
and
one
river
mile
upstream
oftheWashington
Works
facility.
Ifconcentrations
of
C8
above
the
Detection
Limit
are
found
in
any
sampled
public
water
supply
within
the
upstream
or
downsfream
segments
initially
sampled,
the
segments
within
which
intakes
are
to
be
sampled
shall
be
extended
to
twenty
river
miles
downstream
ortwo
river
miles
upstream,
as
appropriate.
Ifconcentrations
above
the
Detection
Limit
are
found
in
any
segment
so
extended,
additional
sampling
will
be
performed
on
water
intakes
within
thirty
river
miles
downstream
or
three
river
miles
upstream,
as
appropriate.

7.
The
additional
monitoring
requirements
contained
in
this
subsection
shall
be
incorporated
into
the
Facilities'
West
Virginia/
National
Pollutant
Discharge
Elimination
System
permits
by
minor
modification.
DuPont
reserves
th~
right
to
request
a
modification
ofthese
requirements
upon
renewal
ofthe
permits.

C.
Toxicological
and
Human
Health
Assessment.

1.
DuPont
agrees
to
fund
the
various
tasks
set
forth
below
as
a
part
of
this
Consent
Orderby
establishing
an
escrow
account
at
a
bank
agreed
to
by
the
Parties,
or
by
some
other
7
means
agreed
to
by
the
Parties.
Disbursements
from
said
escrow
shall
be
authorized
by
the
CS
Toxicity
Team
Leader
and
DuPont
representative
jointly
as
described
below,

2.
A
CS
Assessment
of
Toxicity
Team
("
CAT
Team")
shall
be
established
with
members
ofthe
team
consisting
ofrepresentatives
of:

WVDEP
WVDHHR­
BPH
EPA
Region
III
NICS
ATSDR
DuPont
3.
The
WVDEP
representative
shall
be
the
Team
Leader.

4.
The
individual
team
members,
the
tasks
ofthe
team,
and
the
team
objectives
are
set
forth
in
full
in
Attachment
C
ofthis
Consent
Order.

5.
Upon
conclusion
ofall
the
tasks
set
forth
in
Attachment
C,
the
CAT
Team
shall
issue
a
final
report
setting
forth
findings
of
fact
and
conclusions
as
to
what
extent
there
may
be
health
risks
associated
with
CS
at
the
Facilities,

D.
Emission
Modeling
Assessment.

1.
The
following
information
shall
be
submitted
to
the
Division
of
Air
Quality
("]
DAQ")
within30
days
of
the
Effective
Date
except
where
a
different
deadline
is
provided
in
this
subsection:

a.
A
complete
and
accurate
list
ofbuilding
dimension
parameters
forall
structures
located
within
the
Washington
Works
facility
that
have
a
significant
impact
on
the
dispersion
ofCS
emissions.
Significant
impact
for
each
structure
on
the
site
shall
be
determined
based
on
the
"
area
ofbuilding
wake
effects"
as
defined
in
the
EPA
User's
Guide
to
the
Building
Profile
Input
Program
(
EPA­
454/
R­
93­
038
Revised
Feb.
8,
1995).

b.
A
complete
and
accurate
list
ofDuPont's
current
permitted
allowable
emission
rates
and
confirmed
actual
C8
emission
rates
in
pounds
per
year
forthe
year2000
for
all
sources
located
within
the
Washington
Works
facility.
Each
emission
point
shall
be
listed
according
to
its
stack
LD.
and
correspondingpermit
number.
For
each
stack
identified
above
as
emitting
C8
DuPont
shall
list
all
relevant
stack
parameters
to
be
used
in
air
dispersion
modeling.

c.
For
each
emission
point
(
stack)
emitting
CS,
the
following
information
~
hali
be
supplied:

8
i.
Phase
ofCS
(
solid,
vapor
or
aqueous
solution)
at
stack
conditions.

ii.
The
particle
characterization
to
be
used
for
modeling
including
the
particle
size
distribution
(
microns),
the
mass
fraction
ofCS
in
each
particle
size
category,
and
the
particle
density
(
g/
cm3).

iii.
Forparticulate
emissions,
scavenging
coefficients
(
hr/
s­
mm)
for
both
liquid
and
frozen
precipitation
to
be
used
for
wet
deposition
modeling
based
upon
the
particle
size
distribution
and
the
EPA's
hidustrial
Source
Complex,
Version
3
Model
Guidance
(
EPA­
454/
B­
95­
003b
Sept.
1995)
("
ISC
Guidance").
DuPont
may
submit,
within
30
days
ofthe
Effective
Date,
information
to
support
the
use
ofthe
normalized
scavenging
coefficient
in
the
ISC
Guidance
(
Figure
11
ofISC
Guidance)
for
CS's
scavengingcoefficients.
DAQshall
approve
or
disapprove
with
justification
in
writing,
DuPont's
submission.
Should
DAQ
disapprove,
DuPont
shall
have
the
right,
within
seven
days,
to
request
a
meeting
with
DAQ
and
USEPA
to
address
the
deficiencies
set
forth
in
DAQ's
letter
and
to
request
reconsideration
ofDAQ's
decision.
Following
a
meeting
ofthe
parties,
DAQ
shall
issue
a
decision
letter
regarding
CS's
scavenging
coefficients
within
seven
days
ofthe
meeting.
DAQreserves
the
right
to
require
measurement
ofC8'
s
scavenging
coefficients
in
its
decision
and
DuPont
reserves
the
right
to
assert
a
claim
of
confidentialityin
the
event
such
a
measurement
is
made.

iv.
For
gaseous
emissions,
scavenging
coefficients
(
hr/
s­
mm)
for
both
liquid
and
frozen
precipitation
to
be
used
for
wet
deposition
modeling
will
be
provided
as
a
functionof
droplet
size
using
formulae
in
the
open
literature
based
on
the
physical
properties
of
CS
and
consistent
with
Section
1.4
of
the
ISC
Guidance.
DuPont
may
submit,
within
30
days
of
the
Effective
Date,
information
to
support
the
proposed
scavenging
coefficient
for
gaseous
emissions
including
information
on
the
percentage
of
C8
emissions
that
would
be
in
gaseous
form,
DAQshall
approve
or
disapprove
with
justification
In
writing,
DuPont's
submission,
Should
DAQ
disapprove,
DuPont
shall
have
the
right,
within
seven
days,
to
request
a
meeting
with
DAQand
USEPA
to
address
the
deficiencies
set
forth
in
DAQ's
letter
and
to
request
reconsideration
ofDAQ's
decision.
Following
a
meeting
ofthe
parties,
DAQ
shall
issue
a
decision
letter
regarding
C8'
s
scavenging
coefficientswithin
seven
days
ofthe
meeting.
DAQ
reserves
the
right
to
require
measurement
ofCS's
scavenging
coefficients
in
its
decision
and
DuPont
reserves
the
right
to
assert
a
claim
ofconfidentiality
in
the
event
such
.
a
measurement
is
made.

d.
To
the
extent
that
the
phases
exist,
a
solid,
liquid
and
vapor
phase
(
T­
P)
diagram
for
CS
with
respect
to
pressure
and
temperature.
Thetemperature
and
pressure
ranges
shall
be
representative
of
exhaust
gas
conditions
before
and
after
control
equipment.
Estimates
ofC8'
s
critical
properties
shall
be
provided
along
with
measured
ranges
ofphase
transition
temperatures.

9
e.
in
lieu
ofa
binary
phase
(
T­
x­
y)
diagram
representing
the
vapor­
liquid
equilibrium
between
water
and
C8,
the
solubility
and
Krafft
Point
ofCS
in
aqueous
solutions.
measured
pK
value
for
C8
dissociation
in
aqueous
solutions,
and
measurements
of
C8
concentrations
or
related
acids
observed
when
tested
in
a
head
space
GC
at
various
concentrations,
temperatures,
and
pHs
representative
ofthe
ranges
observed
during
actual
operating
conditions.
Furthermore
a
discussion
regarding
the
volatility
ofC8
in
aqueous
solutions
as
a
function
ofpH
will
be
provided.
The
information
in
this
paragraph
shall
be
submitted
to
the
DAQ
within
60
days
of
the
Effective
Date.

f.
Henry's
Jaw
coefficient
for
C8
and
a
discussion
of
its
dependence
on
pH.
The
coefficient
shall
be
defined
at
various
temperatures
covering
the
range
observed
during
actual
operations.

g.
Any
carbon
adsorption
data
in
the
form
of
isotherms
for
CS
adsorption.

DAQ
will
provide
DuPont
an
opportunity
to
comment
on
modeling
methodology
and
assumptions
prior
to
finalizing
the
modeling
results.
2.
Any
expenses
incurred
as
a
result
ofaccurately
supplying
the
information
requested
above
shall
be
covered
by
DuPont.

3.
Upon
submission
ofthe
information
required
by
this
Subsection
VII.
D,
DAQ
reserves
the
right
to
disapprove
any
data
if
the
analytical
methodology
or
quality
control
procedures
are
deemed
inappropriate.

VIII.
REIMBURSEMENT
OF
COSTS.

1.
DuPoni.
agrees
to
establish
an
escrow
account
to
fund
Reimbursable
Costs
under
this
Consent
Order.
Expenditures
from
this
account
shall
be
made
upon
joint
approval
by
a
duly
designated
representative
ofthe
WVDEP
and
ofDuPont
("
designated
representatives").
Written
notice
ofsuch
designation
shall
be
sent
to
the
persons
identified
pursuant
to
Section
XVI
of
this
Consent
Order.
Prior
to
the
execution
ofthis
Consent
Order,
WVDEP
has
provided
DuPont
with
an
estimate
ofReimbursable
Costs
that
WVDEP
expects
to
incur
under
this
Consent
Order.

2.
Within
10
business
days
ofthe
Effective
Date,
DuPont
shall
deposit
in
the
escrow
account
funds
in
the
amount
of
fifty
thousand
dollars
($
50,000).
Each
expenditure
from
the
escrow
account
must
he
supported
by
an
itemized
accounting,
including
invoices
and
receipts.
Said
escrow
account
shall
be
replenished
with
additional
funds
whenever
the
balance
is
less
than
ten
thousand
dollars
($
10,000),
oras
agreed
to
by
the
designated
representatives.
Any
unexpended
amount
remaining
in
the
escrow
account
at
the
conclusion
ofthe
work
to
be
performed
under
this
Consent
Order
shall
be
returned
to
DuPont.

3.
DuPont's
obligation
to
pay
Reimbursable
Costs
under
this
Consent
Order
shall
10
not
exceed
two
hundred
and
fifty
thousand
dollars
($
250,000).
Except
as
to
Reimbursable
Costs
which
are
addressed
separately
in
this
section,
all
other
costs
incurred
by
DuPont
in
carrying
out
its
obligations
under
Consent
Order
shall
be
the
sole
responsibility
and
obligation
ofDuPont.

1X~
QUALiTY
ASSURANCE/
QUALITY
CONTROL.

All
sampling
and
analyses
performedpursuant
to
this
Consent
Order
shall
conform
to
EPA
guidance
regarding
quality
assurance/
quality
control,
data
validation,
and
chain
ofcustody
procedures.
The
laboratory
performing
the
analyses
shall
be
approved
by
the
Parties
prior
to
sampling.

X.
C8
REDUCTION
PROGRAM.

1.
Notwithstanding
currentpermitted
emission
levels,
Du}~
ontagrees
to
limit
overall
CS
emissions
to
the
air
to
no
morethan
actual
calendar
year
2000
levels
on
a
calendar
year
basis
and
shall
further
provide
to
tl.~
eWVDEP
monthly
emissions
reports
regarding
CS.
The
reportingrequirement
contained
herein
shall
he
modified
to
quarterly
reports
upon
the
issuance
ofa
Screening
Level
derived
following
the
procedures
set
out
in
Attachment
C.

2.
DuPont
agrees
to
reduce
emissions
to
the
air
and
discharges
to
the
water
of
CS
collectively
by
50%
from
actual
1999
levels
by
December
31,
2003.

3.
DuPont
shall
operate
and
maintain
the
filter
and
carbon
bed
treatment
system
at
its
Washington
Works
facility
with
the
goal
of
achieving
90­
95%
CS
removal
efficiency
in
its
major
C8­
containing
wastewater
stream.

4.
DuPont
shall
conduct
the
following
construction
projects
and
abide
by
the
specified
dates:

a.
DuPont
Shall
install
an
improved
scrubber
filter
to
replace
recovery
device
T6JZC
on
permit
Rl3~
8l5D.
Construction
shall
begin
no
later
than
February
28,
2002.
Initial
operation
shall
begin
no
later
than
the
date
of
start
up
after
the
April
shutdown,
or
June
28,
2002,
whichever
is
earlier.

b.
DuPont
shall
modify
the
stack
foremission
point
T6IZCE
so
that
the
emission
point
elevation
is
170
feet
above
grade.
The
stack
diameter,
velocity,
and
flow
rate
shall
be
sized
to
provide
effective
dispersion
ofparticulate
emissions
according
to
45
Code
ofState
Rules,
Series
20
(
Good
Engineering
Practice
as
Applicable
to
Stack
Heights).
Construction
shall
begin
no
later
than
February
28,
2002.
Initial
operation
shall
begin
no
later
than
the
date
ofstart
up
after
the
April
shutdown,
orJune
28,
2002,
whichever
is
earlier.
At
times
when
device
T6IZC
is
not
operating,
permitted
emissions
from
scrubber
T6LFC
shall
be
emitted
to
emission
point
11
T6JZCE.

5.
DuPont
shai.
l
conduct
a
scrubber
optimization
and
recovery
improvement
program
thai.
shall
consist
ofa
study
ofscrubber
operation
for
device
C2DWC2
on
permit
R13­
6l4A
The
study
shall
be
complete
by
the
end
of
March
2002.
Provided
the
results
are
encouraging,
the
company
shall
implement
identified
improvements
for
this
device
and
similar
improvements
for
units
C2DTC2
on
permit
Rl3­
614A,
C2EHC2
on
permit
R13­
1953,
and
C1FSC2
on
proposed
permit
for
R13­
2365A.
implementation
of
the
improvements
for
the
latter
devices
will
be
complete
no
later
than
the
end
ofNovember
2002.

XL
COMPLIANCE
WiTH
SCREENINC
LEVELS~

I.
The
following
requirements
shall
apply
only
if
the
procedures
set
out
in
Attachment
C
have
been
followed:

a.
No
later
than
60
days
after
receipt
ofnotification
from
the
Agencies
that
data
or
infonnation
developed
pursuant
to
this
Consent
Order
or
other
information
that
is
recent
and
valid
demonstrates
that
DuPont's
operations
have
resulted
in
C8
exposures
above
the
Screening
Levels
derived
following
the
procedures
set
out
in
Attachment
C,
DuPont
shall
submit
a
plan
for
review
and
approval
by
the
Agencies
that
is
designed
to
reduce
such
exposures
to
levels
below
the
Screening
Levels
within
a
reasonable
time
(
the
"
Remedial
Plan"
or
"
the
Plan").

b.
Within
30
days
ofreceipt
of
the
Remedial
Plan
submitted
by
DuPont,
the
WVDEP
shall,
upon
consultation
with
the
WVDHHR­
BPH
and
based
upon
accuracy,
quality,
and
completeness,
either
approve
or
disapprove
the
Plan.
Ifthe
WVDEP
disapproves
the
Remedial
Plan,
the
WVDEP
shall
notify
DuPont
in
writing
that
the
Remedial
Plan
has
been
disapproved
and
shall
specify
the
reasons
for
such
disapproval.
DuPont
shall
resubmit
the
Remedial
Plan
as
revised
to
address
the
deficiencies
identified
in
the
notice.
DuPont's
failure
to
submit
an
approvable
Remedial
Plan
shall
be
deemed
a
violation
ofthis
Consent
Order
2.
In
the
event
EPA.
orthe
WVDEP
develops
and
finalizes
a
reference
dose/
screening
level
for
C8
in
accordance
with
applicable
statutory
and
regulatory
requirements
("
the
Regulatory
EPA
Standard")
that
would
be
applicable
to
Dupont's
activities
or
the
Facilities
independent
ofthis
Consent
Order,
DuPont's
obligations
under
this
Section
shall
be
determined
with
reference
to
the
RegulatoryEPA
Standard.
DuPont
reserves
all
rights
it
niay
have
to
comment
upon,
object
to,
or
appeal
the
Regulatory
~
PA
Standard
in
proceedings
separate
and
apart
from
this
Consent
Order.

XIL
COMPLETION
OF
CONSENT
ORDER.

1.
Except
as
to
DuPont's
obligations
under
Section
XI,
this
Consent
Order
and
DuPont's
obligations
hereunder
shall
terminate
upon
issuance
of
a
completion
letter(
s)
from
the
Secretary
of
the
WVDEP
or
his
designee
and
from
the
Commissioner
of
the
WVD11HR­
BPH
to
12
DuPont.
In
a
timelymanner
following
receipt
ofa
written
request
from
DuPont
the
respective
Agencies
shall
issue
the
completion
letter(
s)
to
Di~
P~
nt
or
shall
issue
a
letter
to
DuPont
detailing
the
obligations
and
work
that
have
not
been
completed
in
accordance
with
this
Consent
Order
The
Parties
agree
that
the
Agencies'
obligation
to
issue
this
letter
shall
be
deemed
a
non­
discretionary
duty.

2.
DuPont's
obligation
to
achieve
and
maintain
compliance
with
the
Screening
Levels
as
provided
in
Section
XI
ofthis
Consent
Order
shall
survive
the
termination
of
this
Consent
Order
Such
obligation
shall
terminate
only
as
provided
in
Section
XI
or
upon
agreement
of
the
Parties,

XIII.
ADDJTIONAL
ACTIONS.

The
Agencies,
individually
or
collectively,
pursuant
to
theirstatutory
duty
and
authority,
may
determine
that
additional
action,
beyond
the
tasks
set
forth
in
this
Consent
Order,
is
necessary
to
protect
human
health
andior
the
environment.
Nothing
in
this
Consent
Order
shall
be
construed
as
restraining
or
preventing
the
Agencies
from
taking
such
actions.
Nothing
in
this
Consent
Order
constitutes
a
satisfaction
of
or
release
from
any
claim
or
cause
of
action
against
DuPont
for
any
liability
it
may
have
pursuant
to
the
federal
Clean
Water
Act,
the
federal
Clean
AirAct,
the
federal
Safe
Drinking
Water
Act,
the
West
Virginia
Groundwater
Protection
Act,
theWest
Virginia
Air
Pollution
Control
Act,
other
statutes
applicable
to
this
matter,
or
WestVirginia
common
law.
Nothing
in
this
Consent
Order
in
any
way
constitutes
a
modification
or
waiver
ofstatutory
requirements
ofDuPont
and
nothing
in
this
Consent
Order
shall
obligate
DuPont
to
undertake
any
actions
not
specified
herein.

XIV.
ENFORCEMENT.

Enforcement
ofthis
Consent
Ordermay
be
had
by
the
filing
ofa
civil
action
by
any
ofthe
Agencies
in
the
Circuit
Court
ofWood
County,
West
Virginia.
Violation
ofthe
terms
and
conditions
ofthis
Consent
Order
by
DuPont
is
a
violation
ofthe
West
Virginia
Code
and
may
result
in
enforcement
action
being
taken,
including
a
request
for
civil
penalties
as
set
forth
by
law.
DuPont
shall
not
be
liable
for
violations
ofthis
Consent
Order
due
to
any
"
Force
Majeure"
condition.

XV.
CONTENTS
OF
CONSENT
ORDER/
MODIFICATION.

The
entirety
of
this
Consent
Order
consists
of
the
terms
and
conditions
set
forth
herein
and
in
any
attachments
or
exhibits
referenced
herein.
Modification
of
the
terms
and
conditions
of
this
Consent
Order
including
any
modification
oftimefrarnes
or
deadlines
established
in
this
Consent
Order
shall
be
made
only
by
agreement
of'
the
Parties
in
writing,
except
that
modifications
to
any
13
requirement
set
out
in
the
attachments
to
this
Consent
Order
may
be
made
upon
consensus
ofthe
members
ofthe
GIST
or
the
CAT
Team,
as
appropriate.

XVI.
ADDRESSES
FOR
ALL
CORRESPONDENCE
All
documents,
including
reports,
approvals,
notifications,
disapprovals,
and
other
correspondence,
to
be
submitted
under
this
Consent
Order
shall
be
sent
by
certified
mail,
return
receipt
requested,
hand
delivery,
overnight
mail
or
by
courier
service
to
the
following
addresses
or
to
such
addresses
DuPont
or
WVDEP
maydesignate
in
writing.

Documents
to
be
submitted
to
WVDEP
should
be
sent
to:

WV
Department
ofEnvironmental
Protection
1356
Hansford
Street
Charleston,
West
Virginia
25301
Attention:
Armando
Benincasa,
Esq.
Attention:
Dee
Ann
Staats,
Ph.
D.
Phone
No.:
(
304)
558­
2508
Documents
to
be
submitted
to
WVDHHR­
BPH
should
be
sent
to:

WVDepartment
ofHealth
and
Human
Resources
Bureau
forPublic
Health
815
Quarrier
Street,
Suite
418
Charleston,
West
Virginia
25301
Attention:
William
Toomey,
Manager
of
Source
Water
Assessment
Program
Phone
No.:
(
304)
558­
2981
Documents
to
be
submitted
to
DuPont
should
be
sent
to:

E.
I.
du
Pont
de
Nemours
and
Company
Washington
Works
P.
O.
Box
1217
Parkersburg,
West
Virginia
26102
Attention:
Paul
Bossert
Phone
No.:
(
304)
863­
4305
and
14
E.
I.
du
Pont
de
Nemours
and
Company
Legal
Department,
Suite
D­
71
1007
Market
Street
Wilmington,
Delaware
19898
Attention:
Bernard
J.
Reilly,
Esq.
Phone
No.:
(
302)
774­
5445
XVII.
AUTHORIZED
SIGNATORJESINON­
A.
DMISSION.

The
undersigned
representatives
state
that
they
have
had
full
and
fair
opportunity
to
review
this
Consent
Order
and
have
had
opportunity
to
allow
for
their
counsel
to
do
the
same,
and
therefore
enter
this
Consent
Order
freely
and
with
full
knowledge
of
its
terms
and
conditions,
The
undersigned
do
hereby
confirm
that
they
havethe
authority
to
enter
into
this
Consent
Order
and
have
the
authority
to
bind
their
respective
party.
Neither
the
terms
ofthis
Consent
Order,
nor
execution
thereofshall
constitute
an
admission
by
DuPont
ofany
fact
orof
any
legal
liability.
DuPont
expressly
reserves
all
rights
and
defenses
that
may
be
available
in
any
proceeding
involving
third
parties
or
involving
WYDEP
and
WVDHHR­
BPH
in
any
other
matter.
This
Consent
Ordermay
be
signed
in
counterparts
and
shall
be
effective
upon
signature
of
all
the
Parties
below
("
Effective
Date").

Entered
this
/~~
1ayof
/~`~
2OO
1,
by:

WEST
VIRGINIA
DEPARTMENT
OF
ENVIRONMENTAL
PROTECTION
wILLI~
g,
DEP
Y
SECRETARY
West
Virg
nia
Department
ofEnvironmental
Protection
1356
Hansford
Street
Charleston,
West
Virginia
25301
Entered
this
/~~
ayof_________
2001,
by:

15
WEST
VIRGINIA
DIVISION
OF
HEALTHAND
HUMAN
RESOURCES
­
BUREAUFOR
PUBLIC
HEALTH
BY:

~
Bureau
for
Public
Health
West
Virginia
Department
ofHealth
and
Human
Resources
Diamond
Building,
Room
702
350
Capitol
Street
Charleston,
West
Virginia
25301
Entered
this
/~
4~
ayof
VI
~
,
2001,
by:

E.
I.
DU
PONT
DENEMOURS
AND
COMPANY
PAUL
BOS~
ERT,
PLANT
MANA(
ft
16
Attachment
A
C8
GROUNDWATER
INVESTIGATION
STEERING
TEAM
A
team
ofscientists
shall
be
assembled
to
assess
the
presence
and
extent
ofC8
in
drinking
water,
groundwater
and
surface
water
at
and
around
the
DuPont
Washington
Works
facility,
and
the
Local,
Letart,
and
Dry
Run
Landfills.
The
Groundwater
Investigation
Steering
Team
(
GIST)
shall
include
scientists
from
WVDEP,
WVDHHRBPH
EPA.
Region
III,
and
DuPont.
DuPont
shall
fund
the
GIST
via
an
escrow
account
as
provided
in
Section
VIII
ofthe
attached
Consent
Order
("
the
Consent
Order").
Disbursements
from
this
account
shall
be
authorized
jointly
by
the
WVDEP
GIST
leader,
and
the
DuPont
representative,
Andrew
S.
Hartten.

A
schedule
summarizing
key
GIST
tasks,
submittals,
start
and
end
dates
is
provided
at
the
end
ofthis
document.

GIST
Member
Organizations/
Representatives/
General
Functions
WVDEP
David
Watkins
 
Groundwater
Protection­
GIST
team
leader;
escrow
funds
disbursement
oversight;
project
management
and
coordination
George
Dasher­
advisor
and
technical
review
Dee
Ann
Staats,
PhD,­
advisor
EPA
Region
III
Garth
Connor­
science
advisor
Jack
C.
1­
iwang
 
Hydrogeologist
Roger
R.
heinhart­
Enyironmental
Engineer
DuPont
Andrew
Hartten­
Principal
Project
Leader/
Hydrogeologist~
tcchnica1review,
project
management
and
coordination
of
field
investigation
activities;
escrow
funds
disbursement
oversight.

WVDHHR­
BPH
William
Toomey­
Manager,
Source
Water
Assessment
Program­.
Bureau
for
Public
Health
advisor
A­
I
GIST
Team
Objectives
and
Efforts
The
primary
objective
ofthe
GIST
is
to
efficiently
review
and
direct
groundwater
and
surface
water
monitoring
and
investigation
activities
as
prescribed
in
the
Consent
Order
and
in
this
Attachment.
The
GIST
will
utilize
a
phased
approach
and
employ
rapid
team
decision
making
toward
meeting
the
requirements
in
an
efficient
and
timely
manner.
Unless
otherwise
directed
by
the
GiST,
the
tasks
outlined
below
shall
be
performed
by
DuPont
orits
representatives.

The
GIST
will
issue
a
final
report(
s)
with
findings
and
conclusions
regarding
groundwater
quality
in
and
around
the
Facilities,
and
the
extent
of
groundwater
contamination
in
and
around
the
Facilities.
The
GIST
final
report
shall
further
make
recommendations
regarding
the
need
for
any
further
work
or
actions
that
need
to
be
taken
to
assure
protection
ofgroundwater
quality
and
human
health
into
the
future.

The
tasks
set
forth
below
and
in
the
Consent
Order
are
the
minimum
tasks
to
be
performed
by
DuPont
and
the
GIST
pursuant
to
the
Consent
Orde~',
Additional
tasks
may
be
necessaiy
to
assure
the
goals
[
full
groundwater
assessment
and
CS
impact,
plume
identification,
and
receptor
identification]
of
the
GIST
and
the
Consent
Order
are
met.
Those
tasks
shall
be
agreed
upon
by
the
GIST.

Key
Tasks
ofGiST
Task
A:
Groundwater
Use
and
Well
Survey/
Groundwater
Monitoring
Objectives:
Conduct
a
distance­
phased
groundwater
well
and
water
use
survey
within
a
I­
mile
(
and
possibly
2
and
3­
mile)
radial
distance
or
directionally
focused
distance
ofthe
Washington
Works
and
Local,
Letart,
and
Dry
Run
Landfills.'
°
Summary:
The
phased
approach
to
the
water
and
groundwater
well
use
survey
will
allow
the
GIST
to
focus
efforts
along
established
C8
impact
transport
pathways
and
cease
activities
in
directions
where
impacts
are
not
present
or
where
there
are
minimal
concentrations.
Data
results
tables
will
be
generated
in
a
timelymanner
to
allow
the
GIST
to
meet,
evaluate
the
data,
and
determine
the
next
course
of
action.
The
GIST
will
determine
when
the
final
groundwater
well
use
survey
shall
be
released.
DuPont
agrees
to
perform,
under
the
supervision
ofthe
GIST
and
through
an
agreed­
to
third
party,
a
groundwater
use
and
well
survey
identifying
and
sampling
all
groundwater
wells
within
a
1­
mile
radius
ofthe
three
landfills
set
forth
above
and
the
Washington
Works
facility.
The
phased
approach
maybe
amended
by
the
GIST
should
field
conditions
require,
e.
g.,
lack
ofsampling
wells
in
the
1­
mile
radius,
lack
of
quality
sampling
points
within
the
1­
mile
radius.
Sampling
shall
be
performed
with
the
specific
purpose
of
finding
arid
measuring
the
C8
concentration
in
water.
Should
concentrations
ofCS
found
in
groundwater
wells
exceed
1
j.
tg/
l
within
the
I­
mile
radius,
the
GIST
will
determine
1
The
water
use
survey
should
be
in
substantially
the
same
format
as
Attachmcnt
B.

A­
2
whether
to
expand
the
well
survey
to
a
2­
mile
radius,
a
3­
mile
radius,
or
in
a
specific
direction
only.
Drinking
water
wells
that
measure
above
I
jig/
I
shall
he
re­
sampled
at
a
frequency
to
be
determined
by
the
GIST.
Note:
The
level
of1
ug/
l
is
utilized
in
this
Consent
Order
for
monitoring
purposes
only
and
not
as
a
benchmark
for
determining
risk
and
this
level
may
be
adjusted
as
determined
the
GIST
in
furtherance
ofthe
tasks
and
objectives
set
forth
in
this
Attachment.
°
Timing:
The
initial
well
survey
within
a
1­
mile
radius
ofthe
Facilities
will
be
conducted
within
60
days
ofthe
Consent
Order's
Effective
Date.
Additional
well
survey
activities
will
be
conducted
on
a
schedule
to
be
detennined
by
the
GIST.

Task
B:
Assessment
ofExisting
Groundwater
and
Surface
Water
Monitoring
Data
°
Objectives:
Develop
and
implement
a
monitoring
plan
that
determines
the
presence
and
extent
ofC8
in
drinking
water,
groundwater,
and
surface
water
in
and
around
the
Washington
Works
facility
and
Local,
Lctart,
and
Dry
Run
Landfills
and
provide
a
compilation
ofall
available
groundwater/
surface
water
monitoring
and
hydrogeologic
characterization
data
for
each
facility,
as
reflected
in
Table
A­
I.
°
Summary:
The
GIST
willbe
tasked
with
an
expedited
evaluation
ofexisting
historical
data
and
hydrogeologic
information
in
order
to
prioritize
the
initial
scope
ofwork
for
continuing
groundwater
monitoring
and
any
additional
investigation
activities
(
e.
g.,
monitoring
well
installations)
required
under
plume
identification.
DuPont
shall
provide
all
historical
data
and
hydrogeologic
information
it
may
have
related
to
the
Facilities.
°
Timing:
Within
30
days
ofthe
completion
ofTask
A,
the
GIST
will
review
all
the
C8
analytical
and
facility
hydrogeologic
information
to
determine
the
scope
ofwork
for
groundwater
monitoring
and
additional
investigation.
The
GIST
will
then
establish
a
schedule
for
those
activities.
It
is
anticipated
that
a
summary
ofall
historical
information
for
each
facility
will
be
submitted
to
GIST
within
60
days
ofthe
Consent
Order's
effective
date.

Task
C:
Plume
Identification/
Groundwater
Assessment
°
Objective~
Determine
the
vertical
and
horizontal
extent
ofany
and
all
C8
impacted
groundwater
exceeding
I
ug/
l
or
as
directed
by
the
GIST,
which
may
determine
a
lower
threshold
than
I
ug/
l.
This
task
shall
also
include
an
assessment
ofCS
impacted
groundwater
at
Letart
Landfill
and
its
impact
on
the
Ohio
River
and
public
water
supplies
along
the
river.
°
Summary:
The
GIST
shall
first
review
historical
data
and
results
ofTask
Ato
determine
an
appropriate
scope
ofwork.
Activities
should
be
prioritized
to
address
groundwater
plumes
contributing
to
orwith
the
potential
to
flow
toward
off­
site
receptors,
with
emphasis
on
those
areas
where
groundwater
is
used
as
a
drinking
water
source.

A­
3
Upon
completion
of
investigation
activities,
DuPont
shall
provide
the
GIST
with
predicted
groundwater
flow
and
contaminant
transport
models
to
assess
future
plume
migration.
°
Timing:
Upon
review
of
all
available
information
and
on
a
schedule
to
be
determined
by
the
GIST,
the
GIST
will
complete
an
initial
evaluation
ofdata
to
determine
and
prioritize
plume
identification.
The
timing
ofthe
initial
phase
ofplume
identification/
investigation
activities
and
other
activities
will
be
on
a
schedule
established
by
the
GIST.
Further
investigatory
activities
needed
and
agreed
to
by
the
GISTto
carry
out
the
goals
of
the
GIST
shall
be
performedby
DuPont
on
a
schedule
established
by
the
GIST.

Modeling
Anyand
all
modeling
performed
pursuant
to
this
attachment
and
the
Consent
Order
shall
use
Groundwater
Modeling
System,
or
some
other
model
as
approved
by
the
GIST.

A­
4
TABLE
A­
i
a.
Dependent
upon
the
availability
ofcertain
information,
an
historical
data
summary
documented
in
a
report
that
includes:

b.
A
groundwater
monitoring
plan
for
the
Facilities
which
should
address,
at
a
minimum:
°
A
location
map.
°
A
site
map
showing
the
location
of
all
known
groundwater
monitoring
wells,
residential
groundwater
wells
and
public
water
supply
within
a
i­
mile
radius
the
Facilities.
°
Top­
of­
groundwater
maps.
These
should
span
the
entire
sampling
life
ofthe
site
and
should
be
no
less
than
yearly.
IfDuPont
has
only
one
year's
worth
of
data
for
a
given
site,
then
these
maps
should
be
for
each
quarter;
if
DuPont
has
several
years
worth
of
data
for
each
site,
then
these
maps
can
be
annual.
°
CS
concentration
contour
maps.
These
should
span
the
entire
sampling
life
ofthe
site
ahd
should
be
no
less
than
yearly.
lIf
DuPont
has
only
one
year's
worth
ofdata
for
a
given
site,
then
these
maps
should
be
for
each
quarter;
if
DuPont
has
several
years
worth
ofdata
for
each
site,
then
these
maps
can
be
annual.
°
All
the
C8
groundwater
data
that
has
been
collected
to
date.
These
data
should
be
submitted
in
easy­
to­
read
tables.
These
tables
should
use
the
method,
"<
x",
to
designate
all
concentrations
below
the
laboratory's
minimum
detection
limit
(
not
"
ND"
or
some
other
abbreviation),
and
they
should
use
"
mgi"
or
"
jig/"
as
the
unit
designation.
°
Ifunable
to
provide
the
above
data,
DuPont
shall
document
the
reasons
why
it
is
unable
to
gather
and
submit
the
information.
°
C8
sampling.
The
samples
should
be
taken
from
all
the
wells
at
the
three
landfill
sites
and
from
a
select
number
of
wells
at
thc
Washington
Works
plant.
These
select
wells
are
to
be
chosen
by
the
GIST
before
the
groundwater
monitoring
program
begins
based
on
evaluation
ofhistorical
datalinformation.
The
frequency
ofsampling
shall
be
monthly
for
the
first
fourmonths
following
the
Effective
Date
and
quarterly
thereafter.
Any
new
wells
required
for
monitoring
or
plume
identification
purposes
will
be
integrated
in
each
site's
groundwatermonitoring
program
on
a
schedule
agreed
to
by
the
GIST.

A­
S
°
Report
ofResults.
Reporting
should
be
quarterly
and
to
thc
WVDEP
Groundwater
Program
at
the
following
address.

WVDEP
Division
ofWater
Resources
Groundwater
Program
1201
Greenbrjer
Street
Charleston,
West
Virginia
25311
Re:
DuPont/
C8
monitoring.

°
Eachreport
should
include
the
following:

(
a)
A
site
location
map.

(
b)
A
site
map
showingthe
groundwater
monitoring
well
locations.

(
c)
A
top­
of­
groundwater
map.

(
d)
A
C8
concentration
map.

(
e)
Groundwater
elevation
and
well
screen
data.

(
t)
A
table
ofall
the
historical
CS
sampling
data.
Note:
where
available
information
allows,
abbreviations
should
not
be
used
to
designate
No
Detect
concentrations
and
the
units
"
ppb"
and
"
ppm"
should
not
be
used.

(
g)
Laboratory
analysis
sheets.

(
h)
Chain
ofcustody
records.

A­
6
Attachjuent
B
GROUNDWATERWELL
USE
SURVEY
Name:
______________________________

Address:
_______________________________

Phone:
__________________________

Best
Time
to
Contact
Owner:
____________________

1.
Do
you
have
one
or
more
water
well(
s)
on
this
property?
(
it
need
not
be
in
use
currently.)

Ifno,
stop
now
and
return
survey.
Yes
____
No
_____

County
Water
Well
Permit
No.
_______________________

2.
Is
the
well(
s)
currentl.
y
(
circle
one)
used
unused
or
filled
in?

3.
Is
the
well(
s)
used
for
drinking
water?
Yes
_____
No
_____

4.
Is
this
well(
s)
used
for
other
purposes?
Ifyes,
please
specify
uses
below:

5.
What
is
the
approximate
frequency
ofuse?
Circle
One:

Daily
Weekly
Monthly
Summer
6.
Date
last
used?
_______________________________

7.
Is
there
a
pump
in
the
well?
Yes
_____
No
_____

S.
Is
there
a
conditioner,
softener,
chlorinator,
filter,
or
other
form
oftreatment
for
the
system?
Yes
______
No
______

If
so,
what
is
the
form
oftreatment?
______________________

B­
I
stone
20­
30
12­
24
120
or
more
none
other
30­
60
24
or
more
60
or
more
9.
Is
there
any
faucet
where
water
does
not
first
pass
through
the
treatment
system?
Yes
____
No
If
yes,
is
it
(
circle
one)
inside
or
outside?

10.
What
year
was
the
well
constructed?
_____________

11.
Please
provide
the
following
information
regarding
the
well(
s)
if
known:
(
circle
one)

A.
Total
Depth
(
feet
below
ground
surface):

30­
60
60­
90
90­
120
B.
Casing
Type:

PVC
steel
C.
Well
Construction:

dug
drilled
open
or
uncased
D.
Screened
Interval
(
length
in
feet):

0­
10
10­
20
E.
Well
Diameter
(
inches):

0­
6
6­
12
bedrock
13­
2
Attachment
C
C8
ASSESSMENT
OF
TOXICITYTEAM
A
team
of
scientists
shall
be
assembled
to
assess
the
toxicity
and
risk
to
human
health
and
the
environment
associated
with
exposure
to
ammonium
perfluorooctanoate
(
CS)
releases
from
DuPont's
activities.
The
C8
Assessment
of
Toxicity
Team
(
CAT
Tea.
rn)
shall
include
scientists
from
academia,
government,
non­
profit
organizations,
and
industry.
The
CAT
Team
also
shall
include
the
WVDEP
Environmental
Advocate,
Pam
Nixon,
as
a
representative
of
West
Virginia's
citizens.

The
WVDEP,
utilizing
funds
from
an
escrow
account
funded
by
DuPont,
shall
contract
with
a
non­
profit
organization,
the
National
Institute
for
Chemical
Studies
(
NICS),
for
the
services
described
herein.
Point
ofcontact
for
the
NICS
shall
be
Jan
Taylor,
Ph.
D.
TheNICS
shall
subcontract
with
Marshall
University's
Center
for
Rural
and
Environmental
Health
for
services
in
risk
communication
providedby
James
Becker,
M.
D.
and
his
staff.
Dr.
Becker
shall
familiarize
himself
with
the
i~
oxicityofCS,
the
work
performed
by
TERA
as
described
herein,
and
attend
public
meetings
to
provide
expertise
in
risk
communication.
The
NICS
shall
subcontract
with
the
non­
profit
scientific
organization,
Toxicology
Excellence
for
Risk
Assessment
(
TERA)
whose
point
of
contact
is
Joan
Dollarhide,
Ph.
D.
The
TERA
shall
provide
services
in
toxicology
ard
risk
assessment.
Work
assignments,
tasks,
and
deliverables
are
described
below.

CAT
Team
Member
0igariizationsl
Representatives1I
General
Functions
WVDEP
Dee
Ann
Staats,
Ph.
D.
­
Science
Advisor
­
team
leader;
escrow
funds
disbursenient
oversight;
project
management
and
coordination;
toxicology/
risk
assessment
and
communication;

Pam
Nixon
­
Environmental
Advocate
­
advisor;

N1CS
Jan
Taylor,
Ph.
D.
 
contractor
administrative
oversight;

James
Becker,
M.
D.
(
Marshall
University)
­
consultant
in
risk
communication;

TERA
(
point
of
contact:
Joan
Dollarhide,
Ph.
D.)­
consultant
in
toxicology/
risk
assessment;

The
parties
may,
in
their
discretion,
elect
to
substitute
their
representatives
with
persons
of
similar
quaIifications~

c­
i
DuPont
Gerald
Kennedy,
Director
ofApplied
Toxicology
and
Health,
Haskell
Laboratory
­
reviewer
toxicology;
escrow
funds
disbursement
oversight;

Joim
Whysr~
er,
M.
D.
 
toxicology/
risk
assessment
and
communications;

Paul
Bossert
 
Washington
Works
Plant
Manager
 
communications;

The
following
members
ofthe
CAT
Team
shall
act
as
reviewers
or
advisors.

WV
Department
ofHealth
and
Human
Resources
.­
Bureau
for
Public
Health
(
WVDIIHR­
BPH)

William
Toomey
 
Manager,
Source
Water
Assessment
Piogram
­
advisor;
Barbara
Taylor
 
Director,
Office
ofEnvironmental
Health
Services
­
advisor;
Local
representative
­
advisor;

Environmental
Protection
Agency
(
EPA)

Headquarters
­
Jennifer
Seed
 
reviewer
and
advisor
toxicology;
Region
III
Philadelphia
Samuel
Rotenberg,
Ph.
D.
 
reviewer
and
advisor
toxicology!
risk
assessment;
Garth
Connor
 
advisor
hydrogeology;
Roger
Reinhart
 
reviewer
and
advisor
Safe
Drinking
Water
Act;
Cincinnati
­
John
Cicmancc,
DVM
 
reviewer
and
advisor
toxicology;

Agency
for
Toxic
Substances
and
Disease
Registry
(
ATSDR)
Atlanta
­
John
Wheeler,
Ph.
D.
­
reviewer
and
advisor
in
toxicologyl
risk
assessment;
Philadelphia
­
Lora
Werner
­
coordinator
for
ATSDR;

Non­
CAT
Team
Efforts
Other
efforts
are
currently
underway
which
mayproduce
information
for
the
CAT
Team
to
utilize.
The
CAT
Team
will
coordinate
and
communicate
closely
with
these
other
efforts.
These
include:

1.
Dupont's
air
modeling
of
C8
emissions
from
the
WashingtonWorks
plant;

2.
WV,
DEP's
air
modeling
of
C8
emissions
from
the
Washington
Works
plant;

C­
2
3.
USEPA
Draft
Hazard
Assessment
which
summarizes
the
available
toxicity
information
regarding
C8,
to
the
extent
completed
prior
to
the
assessment
contemplated
herein;

4.
ATSDR's
Health
Consultation
that
estimates
the
risk
to
the
community
associated
with
C8
in
drinking
water
from
the
Lubeck
Public
Service
District,
to
the
extent
completed
prior
to
the
assessment
contemplated
herein,

5.
Existing
CS
concentrations
in
Lubeck
Public
Service
District
data.

6.
Groundwater
C8
Analysis
(
see
GIST
activities
described
in
Attachment
A)
and
Well
Use
Survey
(
see
example
survey
in
Attachment
B)
at
the
residences
in
the
area
ofthe
3
landfills
and
the
Washington
Works
Plant.

Tasks
ofCAT
Team
The
tasks
to
be
performed
by
the
CAT
Team
are
describedbriefly
in
Table
1,
and
in
more
detail
below.
These
tasks
are
discussed
below
within
the
context
ofa
Scope
of
Work
for
both
Dr.
Becker
and
for
TERA
as
well.

Tasks
ofthe
CAT
Teani
shall
he
organized
into
three
phases.
Phase
I
includes
those
tasks
necessary
to
prepare
for
and
hold
the
first
public
meeting.
In
Phase
II,
TERA
shall
conduct
such
scientific
tasks
as:
reviewing
available
toxicity
and
epidemiological
studies;
developing
Provisional
Reference
Doses
and
Screening
Levels
for
protection
of
human
health;
evaluating
existing
information
relative
to
ecological
health;
and
conducting
one
general
risk
assessment
involving
comparisons
ofexposure
concentrations
to
Screening
Levels,
for
the
three
landfills
and
the
Washington
Works
Plant,
and
the
Lubeck
Public
Service
District.
TER.
A
shall
prepare
a
report
on
their
findings.
Phase
III
includes
those
tasks
necessary
to
prepare
for
and
hold
the
second
public
meeting.
The
results
ofthe
C8
groundwater
analysis
and
risk
assessment
shall
be
presented
in
the
second
public
meeting.

No
communication
between
Dupont
representatives
and
NICS,
Dr.
Becker,
or
TERA
shall
be
permitted
without
the
participation
of
Dr.
Staats.
All
information
will
be
provided
to
Dr.
Becker
andTERA
by
WVDEP:
thus,
all
information
contributed
to
the
effort
by
Dupont
shall
be
sent
in
triplicate
to
Dr.
Staats
for
forwarding
to
Dr.
Becker
and
TERA.

Phase
I
TASK
A­
i:
First
Pu~
ijcMeeting
Twopublic
meetings
are
anticipated
for
this
project.
The
First
Public
Meeting
shall
occur
in
Phase
I
for
the
purposes
of
introducing
the
CAT
Team
and
other
involved
parties
to
the
public;
relating
historical
information
on
previous
concentrations
of
C8
in
Lubeck
Public
Service
District
water
supply;
informing
the
citizens
ofthe
ensuing
activities;
and
inviting
the
public
to
participate
by
cooperating
with
sampling
and
survey
efforts
in
the
Groundwater
C8
Analysis
and
Well
Use
Survey.
In
order
to
prepare
for
the
C­
3
First
Public
Meeting,
CAT
Team
members
shall
familiarize
themselves
with
the
available
toxicological
information
concerning
C8.

A
CAT
Team
meeting
shall
be
held
immediately
prior
to
the
first
public
meeting
to:
(
1)
conduct
a
site
visit
to
the
three
landfills
and
the
Washington
Works
Plant,
and
surrounding
residential
areas;
(
2)
discuss
the
toxicity
ofCS
and
other
pertinent
data;
(
3)
prepare
an
agenda
for
the
public
meeting;
(
4)
coordinate
and
prepare
for
the
public
meeting.
Finally,
the
First
Public
Meeting
willbe
held
and
public
questions
and
comments
will
be
recorded
by
WVDEP.

Phase
II
Tasks
B,
C,
D,
and
E
~
Screening
Levels,
and_~
skAssessment
Tn
Phase
TI,
TERA
shall
conduct
the
toxicological
and
risk
assessment
activities.
After
having
reviewed
the
toxicological
information
regarding
CS
provided
by
WYDEP,
TERA
shall
consult
with
toxicologists
on
the
CAT
Team,
as
coordinated
by
Dr.
Staats,
regarding
its
proposed
approach
for
this
project.
Following
such
consultation,
TERA
TABLE
1.
TASKS
OF
CAT
TEAM
Task
A:
Public
Meetings
(
two
meetings
are
anticipated)
Objective:
to
inform
the
local
citizens
ofthe
following:
(
in
Meeting
#
1)
intent
to
perform
a
groundwater
well
use
survey
and
analysis
for
C8;
intent
to
develop
Screening
Levels;
and
to
ask
for
their
cooperation
in
conducting
the
water
use
survey;
and
(
in
Meeting
#
2)
results
ofsurvey,
chemical
analysis,
and
risk
assessment.
Note
that
an
interim
public
meeting
may
be
required
should
six
months
pass
from
the
first
public
meeting
and
the
CAT
Team
Final
Report
has
riot
been
issued.
Primary
Responsibility:
Staats
_________________________
Task
B:
Development
ofProvisional
Reference
Doses
Objective:
to
develop
Provisional
References
Doses
for
CS
for
the
inhalation
and
ingestion
(
and
dermal,
ifpossible)
routes
ofexposure.
Primary
Responsibility;
TER.
A
Task
C:
Development
ofScreening
Levels
Based
on
Protection
ofHuman
Health
Objective:
to
utilize
the
Provisional
Reference
Doses
to
develop
human
health
risk­
based
Screening
Levels
for
CS
in
air,
water,
and
soil.
Note
a
determination
ofthe
potential
carcinogenicity
ofC8
will
be
conducted
as
well.
Primary
Responsibility:
TERA
Task
D:
Ecological
Data
Review
Objective:
to
review
available
information
to
determine
whether
sufficient
studies
have
been
performed
and
data
have
beencollected
to
develop
screening
criteria
forecological
receptors.
Primary
Responsibility:
TERA
Task
E:
Draft
Report
and
Final
Report
Objective:
to
present
and
discuss
the
results
ofthe
above
tasks,
Primary
Responsibility:
TERA
C­
4
shall
develop
Provisional
Reference
Doses
for
C8
for
the
oral,
inhalation,
and
dermal
(
if
possible)
routes
of
exposure.
Then
TERA
shall
calculate
Screening
Levels
for
water,
soil
and
air
based
on
the
risk
factors
they
have
estimated.
TERA
shall
perform
one
general
risk
assessment
involving
comparison
ofexposure
concentrations
to
Screening
Levels
for
the
three
landfills
and
the
Washington
Works
Plant,
and
the
Lubeck
Public
Service
District
water
supply,
that
focuses
on
current
risk
to
human
health,
including
workers
and
residents.
This
risk
assessment
shall
include:
(
1)
identification
ofreasonably
anticipated
land
use,
surface
water
and
groundwater
use;
(
2)
identification
ofreceptors;
(
3)
identification
ofexposure
pathways;
(
4)
identification
of
exposure
concentrations;
and
(
5)
comparison
ofexposure
concentrations
to
appropriate
Screening
Levels.
TERA
shall
utilize
data
obtained
from
the
other
efforts
discussed
above
suchas
air
modeling;
groundwater
C8
concentrations
in
residential
and
public
wells;
residential
groundwater
well
use
survey;
the
USEPA's
Draft
Hazard
Assessment;
and
ATS~
DR'sHealth
Consultation
(
if
available).
TERA
also
shall
review
available
information
to
determine
whether
sufficient
studies
have
been
performed
and
data
have
been
collected
to
develop
screening
criteria
for
protection
ofecological
health,
particularly
aquatic
life.
TERA
shall
prepare
a
draft
and
a
final
document
that
discusses
the
results~
of
their
efforts
and
summarizes
the
data
utilized
from
other
efforts.
As
the
tasks
ofthe
CAT
Team
and
other
involved
parties'
progress,
data
gaps
and
research
recommendations
maybecome
evident.
These
shall
be
included
in
TERA'sreport
as
suggestions
før
further
research
to
elucidate
the
toxicity
ofCS.

Phase
UT
Second
Public
Meeting
The
purposeof
the
Second
Public
Meeting
is
to
present
to
the
citizenrythe
results
ofthe
efforts
ofthe
GIST
and
CAT
Teams
including
CS
concentrations
in
groundwater
from
residential
wells
and
public
wells
the
screening
levels
and
the
general
risk
assessment.
Airmodeling
results
of
the
efforts
ofWVDEP
and
Dupont
will
be
discussed
also.
The
WYDEP
will
address
any
further
actions
that
may
be
necessary.

C­
s
SCOPE
OFWORKFOR
JAMES
BECKER,
M.
D.

Dr.
Becker
is
a
medical
doctor
specializing
in
environmental
health
at
the
Marshall
University
School
ofMedicine
Center
forRural
and
Environmental
Health.
He
will
be
assisting
the
WVDEP
in
his
specialty
area
ofrisk
communication
at
the
two
anticipated
public
meetings.
The
specific
tasks
assigned
to
Dr.
Becker
are
described
below.

Phase
~
i'ask
A­
I;
First
Public
Meeting
Dr
Becker
will
assist
in
preparation
for
the
first
public
meeting,
and
attend
the
meeting
providing
expertise
in
risk
communication.
He
will
familiarize
himself
with
the
available
toxicoiogical
data,
which
will
be
provided
to
him
by
WVDEP,
with
particular
emphasis
on
the
epidemiological
studies,
Note
that
the
toxicological
data
already
has
been
summarized
in
the
Draft
Hazard
Assessment
prepared
by
USEPA.
No
literature
search
or
document
retrieval
will
be
required.
Specific
subtasks
required
in.
Phase
I
to
prepare
for
th.
e
first
public
meeting
are
described
below:

Subtask
1
 
Familiarization
with
toxicological
data
provided
by
WYDEP
including
but
not
limited
to:

a.
8
compact
discs
of
information
provided
to
USEPA
under
TSCA
by
3M
Corp
(
note
only
a
small
portion
of
this
information
concerns
CS);
b.
Draft
Hazard
Assessmentdocument
from
USEPA;
c.
ACGJH
Threshold
Limit
Value
(
TLV).
d.
Journal
articles
and
other
information
provided
by
WVDEP.

Subtask
2
 
Attend
a
meeting
prior
to
the
first
public
meeting
to:

a.
conduct
a
site
visit
of
the
3
landfills
and
the
Washington
Works
Plant,
and
local
residential
areas;
b.
discuss
and
prepare
an
agenda;
c.
discuss
the
toxicology
and
risks
associated
with
CS
with
the
other
CAT
Team
members.

Subtask
3
 
Attend
First
Public
Meeting
Phase
III
Task
A­
2
Second
Public
Meeting
Dr
Becker
will
assist
in
preparation
for
the
second
public
meeting,
and
attend
the
meeting
providing
expertise
in
risk
communication.
The
following
subtasks
will
be
required:

Subtask
1
 
Familiarization
with
the
toxicological
and
risk
assessment
report
prepared
by
TERA;

C­
6
Subtask
2
 
Attend
a
meeting
prior
to
the
second
public
meeting
to:
a.
discuss
the
toxicology
and
risks
associated
with
CS
with
the
other
CAT
Team
members;
b.
discuss
and
prepare
an
agenda.

Subtask
3
 
Attend
Second
Public
Meeting
Note
that
the
second
public
meeting
is
assumed
to
be
the
final
public
meeting;
however,
results
ofdata
collection
may
warrant
additional
public
meetings
and
an
expansion
ofthe
Scope
ofWork.

C­
7
SCOPE
OF
WORK
FOR
TERA
TERA
(
Toxicology
Excellence
for
Risk
Assessment)
is
a
non~
profitorganization
that
applies
sound
toxicological
data
to
the
risk
assessment
process
to
find
common
ground
between
environmental,
industry,
and
government
groups.
TERA
will
be
providing
services
in
toxicology
and
risk
assessmenL
TERA
scientists
will
be
developing
risk
factors
and
screening
criteria;
and
conducting
one
general
risk
assessment
for
the
3
landfills,
Luheck
Public
Service
District
water
supply
and
the
Washington
Works
Plant.
The
specific
tasks
assigned
to
TERA
are
described
below
Phase
II
Tasks
B,
C,
D,
and
E:
Development
of
Provisional
Reference
Doses
and
Screening
Levels,
and
General
Assessment
of
Risk
Subtask
1
 
TERA
staff
will
familiarize
themselves
with
the
toxicological
data
provided
to
by
WVDEP.
No
literature
search
or
document
retrieval
will
he
required.
Toxicological
data
to
be
provided
to
TERA
shall
include
but
is
not
limited
to
the
following:

a.
8
compact
discs
of
information
provided
to
USEPA
underTSCA
by
3M
Corp
(
note
only
a
small
portion
ofthis
information
concerns
C8);
b
USEPA
Draft
Hazard
Assessment
for
C8;
c.
Journal
articles
and
other
information
submitted
to
WVDEP
by
DuPont.

Subtask
2
 
TERA
staff
will:

a.
identify
all
possible
critical
toxicological
studies
suitable
for
developing
Reference
Doses
for
the
oral,
inhalation,
and
derrnal
(
if
possible)
routes
ofexposure;
b.
outline
methodology
for
developing
said
Reference
Doses
and
for
developing
Screening
Levels
for
air,
water,
and
soil
based
on
said
Reference
Doses
corresponding
to
each
critical
study
identified
in
subtask
2­
a;
C.
convene
a
meeting
at
the
TERA
facility
in
Cincinnati,
Ohio,
to
present
their
findings
in
subtask
2­
a
and
2­
b,
and
consult
with
CAT
Team
toxicologists
as
coordinated
by
Dr.
Staats;
d.
finalize
Reference
Doses
and
Screening
Levels
based
on
recommendations
ofthe
CAT
Team
toxicologists
as
coordinated
by
Dr.
Staats.

Subtask
3
 
TERA
shall
conduct
one
general
risk
assessment
for
the
three
landfills
and
Washington
Works
Plant,
and
the
Luheck
Public
Service
District
water
supply
based
on
current
risk
to
human
health.
This
risk
assessment
shall
include:

a)
identification
of
reasonably
anticipated
land
use,
surfacewater
and
groundwater
uses;

C­
S
b)
identification
of'
receptors;
c)
identification
of
exposure
pathways;
d)
identification
ofexposure
concentrations;
e)
comparison
of
exposure
concentrations
to
appropriate
Screening
Levels;

TERA
shall
utilize
the
following
data
in
the
risk
assessment
process:

a)
air
modeling
data
from
DuPont;
b)
air
modeling
data
from
WVDEP;
c)
water
use
datafrom
the
Well
Use
Survey;
d)
groundwater
data
from
the
Groundwater
Well
Analysis
of
C8
for
residential
wells;
e)
drinking
water
data
from
Lubeck
Public
Service
District
wells;
f~
any
available
ATSDR
Health
Consultation
that
assesses
potential
health
effects
from
exposure
to
CS
in
public
supply
drinking
water.

Subtask
4
 
TERA
shall
review
the
ecological
data
and
determine
whether
there
is
sufficient
information
to
support
the
development
of
a
C8
Screening
Level
for
protection
ofecological
health
Subtask
5
 
TERA
shall
compile
and
discuss
the
results
ofthe
above
tasks
into
a
comprehensive
report
(
drafi
and
final
versions),
which
also
refers
to
and
provides
a
brief
summary
ofthe
following:

a)
USEPA's
Draft
Hazard
Assessment
ofCS;
b)
DuPont's
air
modeling
data;
c)
WVDEP's
air
modeling
data;
d)
groundwater
data
from
the
Groundwater
C8
Analysis
and
Well
Use
Survey
of
Local
Residents,
and
Lubeck
Public
Service
District;
c)
ATSDR
Health
Consultation
that
assesses
potential
health
effects
from
exposure
to
CS
in
public
supply
drinking
water,
if
available.

Additionally,
TERA
shall
include
in
the
report
any
insights
or
recommendations
for
future
research
gleaned
during
this
process
that
would
further
elucidate
the
toxicity
of
C8.
Also,
TERA
shall
provide
in
the
report
of
a
summary
discussion
ofthe
relevance
the
carcinogenicity
ofC8
in
rats
to
humans.

C­
9
~
R~
~

Corporits
Rsmsdl*
tlon
C~
ai*

D~
Pbn~
~
d
U~
S
EXHIBIT
1
I~..

SITE
LOCATION
MAP
DuPont
Washirj~
tonWorks
Washington,
West
Virgk,
I~
~­.

>~.

,,~
~

~
I.
~

,~~
,~

r.
1~~

°?~~
~.
 
.
.
,­
­
~.
~
..
~
(,

 
 
 
 
 
 
 
 
 
_
__
~
 
/
_
7~
.
 
 
 
 
 
­
 
 
~
 
 
 
 
.
 
 
,
\
I
 
 
 
`
­
­
I­­­
 
 
 
~
i'
H
~
~
/

~
.`
~
.`,~..
~
~
~
~
~
~
1'
°
1
~
­
I
`;­
 
~
­;­`~

~

:~­
RUT~
J
~
­
 
~
~
~
IJ~
rff~
~

A
~
flp~:
~
~
71
~

LETART
LANDFILL~~

­­
~
~

­
~%.
I
`
rr
~
f
 
 
4..
1
/

Q~'
f
 
 
­
JV~~
~
P4.
/

 
 
 
 
~
°\,

­­\

­.
 
~
 
/
I
 
 
~
I
I
 
I
F
1
 
 
Y
I
­

~
"
­
*

1
 
 
rr~~
f\

~
~°,.
°
**
`
ft
Mih~
I
°~,°
5'<
N
"
S
5'

s
~

­
~
1
N
1
`
S
N.
 
~

°
S
*
5*
~.

 
 
~
~

 
­
_
i­
~&
t
1~
°­°­­

~.

SITE
LOCATION
MAP
Let~
rtLandfill
Site
Parkerbur~.
WV
­
~
7~~
Oft3
­
SflU~
€
INEW
HAVEN.
`
WJVDK!
fl
~
UP'.
YAN~
°
~
~
­~
i
SCALE
2000
0
2000'

Corporats
Rsmsdls5tlori
~
Ai's
4~
nu~
.
D~
LP~
f
11
~
ma
w
 
e
.
N4Mw*~
1&~

EXHIBIT
2
S
SCLE
corporits
Rssr
de~
omCk01
M~
4~
d~
ci
~
ffiv..
n
DuPa~
~
ii
~
D
I
I
1200
0
1200
Mill
~
9uildhia
27
