Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
MEMORANDUM
OF
UNDERSTANDING
BETWEEN
U.
S.
ENVIRONMENTAL
PROTECTION
AGENCY
AND
3M
COMPANY
AND
DYNEON
LLC
FOR
PERFLUOROOCTANOIC
ACID
(
PFOA)
SITE­
RELATED
ENVIRONMENTAL
ASSESSMENT
PROGRAM
TABLE
OF
CONTENTS
Page
I.
SIGNATORIES,
SCOPE
AND
PURPOSE
...........................................................
1
II.
EFFECTIVE
DATE
...............................................................................................
1
III.
LEGAL
EFFECT...................................................................................................
1
IV.
PERTINENT
BACKGROUND...............................................................................
2
V.
PFOA
SITE­
RELATED
ENVIRONMENTAL
ASSESSMENT
PROGRAM
............
3
A.
Program
Scope..........................................................................................
3
B.
Program
Work
Plan
Commitments
............................................................
4
1.
In
General
.......................................................................................
4
2.
Phase
I
 
Work
Plan
Commitments
Pursuant
To
LOI
.....................
5
3.
Phase
II
 
Additional
Work
Plan
Commitments
To
Augment
And
Build
Upon
LOI
Commitments
And
Other
Related,
Prior
Work................................................................................................
5
4.
Status
Reports..
..............................................................................
6
5.
Final
Reports...................................................................................
6
C.
Data
Quality
...............................................................................................
7
D.
Data
Assessment
Commitment
.................................................................
7
E.
Peer
Consultation
Process
........................................................................
9
F.
Post­
Peer
Consultation
Commitments.....................................................
11
1.
Future
Work
Plan
..........................................................................
11
2.
Exposure
Assessment
..................................................................
12
VI.
MISCELLANEOUS
PROVISIONS......................................................................
12
A.
Public
Record
..........................................................................................
12
B.
Modifications,
Work
Plan
Amendments
And
Deadline
Extensions
..........
13
C.
Submissions
And
Notices
..................................................................................
13
Draft
Document
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February
16,
2004
Page
ii
ii
APPENDICES
Appendix
1
­­
Data,
Information,
Reports,
Submissions
And
Presentations
Relating
To
Environmental
Assessment
At
3M
Decatur
Site
Property
Appendix
2
­­
Maps
of
3M
Decatur
Site
Property
Appendix
3
­­
Work
Plan
For
3M
Decatur
Site
Property
[
Note:
A
draft
of
the
Work
Plan
is
appended
hereto;
a
complete
Work
Plan
will
be
submitted
in
March
2004
as
soon
as
available.]
Draft
Document
Do
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Or
Quote
February
16,
2004
I.
SIGNATORIES,
SCOPE
AND
PURPOSE
A.
The
United
States
Environmental
Protection
Agency
(
EPA
or
the
Agency),
3M
Company
(
3M)
and
Dyneon,
LLC
(
Dyneon)
are
the
signatories
to
this
Memorandum
of
Understanding
(
MOU).
Hereinafter,
the
term
"
the
Companies"
will
be
used
when
referring
collectively
to
3M
and
Dyneon.

B.
This
MOU
memorializes
the
commitment
of
the
Companies
to
provide
EPA
with
information
on
perfluorooctaoic
acid
and
its
salts
(
PFOA)
through
a
PFOA
Site­
Related
Environmental
Assessment
Program.
Section
V
of
this
MOU
sets
forth
the
specific
obligations
of
the
Companies
under
the
PFOA
Site­
Related
Environmental
Assessment
Program.
In
general,
this
Program
aims
to
gather
data
and
other
information
that
bear
on
following
question:

Are
current
PFOA
releases
from
the
3M
Decatur
Site
Property
and
the
presence
of
PFOA
in
environmental
media
on
and
around
the
Property
sufficiently
understood
so
that
exposure
to
PFOA
associated
with
that
Property
can
be
adequately
assessed
on
a
screening
level
basis.

The
Program
will
include
a
Peer
Consultation
Process
to
review
the
sufficiency
and
quality
of
data
and
information
gathered
and
the
necessity
of
additional
data
and
information
gathering
for
the
purpose
of
addressing
the
question
posed
above.
After
the
Peer
Consultation
Process
and
upon
completion
of
any
such
additional
data
and
information
gathering,
the
Program
will
conclude
with
a
screening
level
Exposure
Assessment
using
a
scenario
evaluation
approach.

II.
EFFECTIVE
DATE
A.
This
MOU
becomes
effective
on
the
date
signed
by
both
the
Companies
and
EPA.

B.
It
should
be
recognized,
as
described
in
Sections
IV.
and
V.
B.
of
this
MOU,
that
certain
PFOA
Site­
Related
Environmental
Assessment
Program
activities
have
been
completed
and
others
have
been
initiated
prior
to
this
Effective
Date.

III.
LEGAL
EFFECT
A.
This
MOU
does
not
supersede
any
current
law
or
establish
any
additional
legal
requirements.
The
MOU
is
a
voluntary
agreement
between
the
parties
and
is
not
an
enforceable
consent
agreement
or
order
under
40
C.
F.
R.
Part
790.
This
MOU
is
not
enforceable
under
15
U.
S.
C.
§
2603
(
TSCA
§
4),
15
U.
S.
C.
§
2614
(
TSCA
§
15),
15
U.
S.
C.
§
2615
(
TSCA
§
16),
or
any
other
provision
of
TSCA
or
other
federal
or
state
statute.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
2
B.
Nothing
in
this
MOU
precludes
EPA
from
seeking
other
data
and
information
on
PFOA
that
is
not
being
generated
by
the
PFOA
Site­
Related
Environmental
Assessment
Program
during
the
pendancy
or
upon
conclusion
of
the
Program.

IV.
PERTINENT
BACKGROUND
A.
On
April
16,
2003,
EPA
issued
a
Federal
Register
Notice
"
concerning
PFOA
and
fluorinated
telomers
which
may
metabolize
or
degrade
to
PFOA".
1
The
Federal
Register
Notice
requested
public
comment
and
solicited
interested
party
participation
in
an
enforceable
consent
agreement
(
ECA)
development
process
under
Section
4
of
the
Toxic
Substances
Control
Act
(
TSCA),
15
U.
S.
C
§
2105,
for
the
purpose
of
obtaining
"
additional
information
[
that]
could
be
very
helpful
in
allowing
the
Agency
to
develop
a
more
accurate
assessment
of
the
potential
risks
posed
by
PFOA
and
other
compounds
addressed
in
this
Notice,
and
to
identify
what
voluntary
or
regulatory
mitigation
or
other
actions,
if
any,
would
be
appropriate".
68
Fed.
Reg.
18,628.

B.
The
Federal
Register
Notice
recognized
that
apart
from
the
public
comment
and
ECA
process,
EPA
already
had
industry
commitments
that
would
produce
"
substantial
additional
information"
through
voluntary
continuing
research
and
product
stewardship
activities.
68
Fed.
Reg.
18,631.
These
commitments,
which
are
memorialized
in
various
Letters
of
Intent
(
LOIs)
for
the
industry,
include
for
the
Companies
an
environmental
monitoring
commitment
pertaining
to
certain
current
and
former
manufacturing
sites.
2
As
the
Federal
Register
Notice
stated,
"
EPA
expects
that
industry
will
meet
the
voluntary
testing
commitments
made
in
their
letters
of
intent
.
.
.
.
Therefore,
EPA
anticipates
that
the
ECA
process
will
focus
generally
on
testing
issues
beyond
or
supplemental
to
those
contained
in
the
industry
letters
of
intent."
68
Fed.
Reg.
18,632.

1
Perfluorootanoic
Acid
(
PFOA),
Fluorinated
Telomers;
Request
for
Comment,
Solicitation
of
Interested
Parties
for
Enforceable
Consent
Agreement
Development,
and
Notice
of
Public
Meeting,
68
Fed.
Reg.
18626
(
Apr.
16,
2003)
[
hereinafter
"
Federal
Register
Notice"].

2
Letter
from
Dr.
L.
Wendling
of
3M
to
EPA
Asst.
Adm.
S.
Johnson
(
Mar.
13,
2003)
[
hereinafter
"
3M
LOI"];
letter
from
D.
Duncan
of
the
Society
of
the
Plastics
(
SPI)
for
the
Fluoropolymer
Manufacturers
Group
(
FMG)
to
Asst.
Adm.
S.
Johnson
(
Mar.
14,
2003)
[
hereinafter
"
FMG
LOI"].
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
3
C.
Subsequent
to
issuance
of
the
Federal
Register
Notice,
EPA
has
convened
a
number
of
meetings
among
interested
parties
through
the
ECA
process,
and
additional
meetings
are
scheduled
to
occur
in
the
coming
months.
Minutes,
presentations
and
other
documentation
of
these
meetings
are
available
at
EPA
Docket
ID
number
OPPT­
2003­
0012
,
online
at
http://
www.
epa.
gov/
edocket.
As
this
documentation
indicates,
the
Companies
have
presented
data
and
information
and
made
submissions
to
EPA
pursuant
to
their
own
LOI
commitments
pertaining
to
environmental
monitoring.
Additional
environmental
monitoring­
related
data,
information,
reports,
presentations
and
submissions
by
the
Companies
reflect
their
activities
prior
to
and
separate
from
the
LOI
undertaken
on
a
voluntary
basis
or
pursuant
to
other
programs,
such
as
programs
developed
in
cooperation
with
state
agencies.
All
such
data,
information,
reports,
presentations
and
submissions
by
the
Companies
are
available
at
EPA
Docket
ID
number
OPPT­
2003­
0012,
online
at
http://
www.
epa.
gov/
edocket,
or
at
EPA
Docket
ID
number
Administrative
Record
(
AR)­
226,
and
for
reference,
are
specifically
listed
as
of
[
],
2004
in
Appendix
1
to
this
MOU.

D.
In
the
course
of
the
meetings
among
interested
parties
through
the
ECA
process,
EPA
expressed
its
desire
for
the
Companies
to
undertake
additional
environmental
monitoring,
particularly
in
the
areas
of
soil,
biota
and
off­
site
monitoring,
not
covered
by
past
efforts
or
contemplated
by
current
LOI
commitments.
The
Companies
expressed
a
willingness
to
do
so
through
a
phased
approach.
In
the
Companies'
view,
a
phased
approach
would
be
more
efficient,
given
that
earlier
phases
can
inform
later
phases
from
a
scientific
standpoint
and
that
data
collection
can
occur
in
context.
The
Companies
also
expressed
a
willingness
to
have
this
phased
approach
occur
on
a
transparent
basis,
with
data
and
information
made
available
to
the
public
and
with
a
technical
expert
collaboration.

E.
After
further
discussions,
including
the
opportunity
for
comment
on
a
draft
of
this
MOU
by
interested
parties
through
the
ECA
process,
EPA
and
the
Companies
agreed
to
the
PFOA
Site­
Related
Environmental
Assessment
Program
set
forth
in
Section
V
of
this
MOU
and
to
the
other
terms
and
conditions
of
this
MOU.

V.
PFOA
SITE­
RELATED
ENVIRONMENTAL
ASSESSMENT
PROGRAM
A.
Program
Scope
1.
The
PFOA
Site­
Related
Environmental
Assessment
Program
will
focus
on
the
3M
Property
at
the
Decatur,
Alabama
Site
shown
on
the
maps
attached
as
Appendix
2
[
hereinafter
"
3M
Decatur
Site
Property"
or
"
the
Property"],
and
areas
around
such
Property.

2.
The
PFOA
Site­
Related
Environmental
Assessment
Program
is
intended
to
address
the
following
aspects
of
the
3M
Decatur
Site
Property:
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
4
a.
PFOA
releases
to
environmental
media
from
the
current
fluoropolymer
production
operations
of
Dyneon
at
the
3M
Decatur
Site
Property,
and
b.
PFOA
presence
in
environmental
media
on
and
around
the
3M
Decatur
Site
Property.

3.
The
PFOA
Site
Characterization
Program
is
not
designed
to
address
the
following:

a.
Exposures
to
PFOA
that
may
have
occurred
in
the
past
as
a
result
of
activities
by
3M
or
Dyneon
at
the
3M
Decatur
Site
Property,
although
the
Program
design
will
take
into
account
past
activities
by
3M
and
Dyneon,
as
appropriate
and
reasonable,
to
address
PFOA
presence
in
environmental
media
on
and
around
the
3M
Decatur
Site
Property.

b.
Exposures
to
PFOA
that
may
have
occurred
in
the
past,
that
are
now
occurring
or
that
may
occur
in
the
future
as
a
result
of
activities
by
Daikin
America
at
the
Decatur
Site.
Due
to
the
close
proximity
of
Daikin's
fluoropolymer
manufacturing
and
telomer
manufacturing
operations
at
the
Decatur
Site
to
the
3M
Decatur
Site
Property,
PFOA
emissions
and
releases
from
the
Daikin
operations
have
and
will
contribute
to
PFOA
presence
in
environmental
media
on
and
around
the
3M
Decatur
Site
Property.
The
PFOA
Site
Characterization
Program
will
not
determine,
assess,
predict
or
apportion
the
original
source
of
PFOA
on
and
around
the
3M
Decatur
Site
Property
as
between
Daikin
America,
Dyneon
and/
or
3M.

c.
Exposures
to
PFOA
that
may
have
occurred
in
the
past,
that
are
now
occurring
or
that
may
occur
in
the
future
from
any
other
fluoropolymer
manufacturing
operations
at
other
locations.

B.
Program
Work
Plan
Commitments
1.
In
General
a.
As
indicated
in
Section
IV.
of
this
MOU,
the
Companies
memorialized
certain
environmental
monitoring
commitments
in
the
3M
LOI
and
the
FMG
LOI.
The
Companies
also
have
agreed
to
build
upon
and
augment
their
current
efforts
under
these
LOIs
and
other
related
efforts
with
additional
commitments,
particularly
in
the
areas
of
soil,
biota
and
off­
site
monitoring,
through
a
phrased
approach.
Sections
V.
B.
2.
and
V.
B.
3.
of
this
MOU
describe
Phases
I
and
II
of
the
Work
Plan
to
implement
these
LOI
and
additional
commitments.
A
copy
of
the
current
version
of
the
Work
Plan,
along
with
pertinent
backup
documents,
appears
as
Appendix
3
to
this
MOU.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
5
b.
As
indicated
in
Section
IV.
C.
of
this
MOU,
the
LOIs,
along
with
related
presentations
and
submissions
to
EPA,
are
identified
in
Appendix
1
to
the
MOU
and
are
available
at
Docket
ID
number
OPPT­
2003­
0012
,
online
at
http://
www.
epa.
gov/
edocket.
In
addition,
Appendix
1
identifies
other
data,
information,
reports,
presentations
and
submissions
provided
to
EPA
separate
from
the
LOI
commitments
regarding
the
presence
of
PFOA
in
environmental
media
on
and
around
the
3M
Decatur
Site
Property.
The
Work
Plan
Commitments
described
in
Sections
V.
B.
2.
and
V.
B.
3.
of
this
MOU
build
upon
these
prior
data,
information,
reports,
presentations
and
submissions.
To
the
extent
relevant,
such
data,
information,
reports,
presentations
and
submissions
also
will
be
considered
as
part
of
the
Data
Assessment
described
in
Section
V.
D.
of
this
MOU.

2.
Phase
I
 
Work
Plan
Commitments
Pursuant
To
LOI
a.
Groundwater
Sampling.
Groundwater
sampling
and
analysis
for
PFOA
has
been
ongoing
since
March
of
2001
at
various
wells
located
on
the
3M
Decatur
Site
Property.
These
wells
originally
were
selected
as
part
of
a
separate
investigation
addressing
other
pollutants
in
cooperation
with
the
State
of
Alabama
and
EPA
Region
4
and
are
located
to
capture
a
range
of
areas
around
the
site
based
on
hydrogeology
and
other
factors.
Sampling
and
analysis
for
PFOA
will
continue
at
these
wells
on
a
twice
annual
basis
in
June
and
December
of
each
year
at
least
until
2007.

b.
Effluent
Monitoring.
Effluent
monitoring
for
PFOA
at
the
outfall
for
treated
process
water
from
the
3M
and
Dyneon
operations
occurred
on
an
annual
basis
between
1998­
2001
and
in
January
and
May
of
2003.
Post­
May
2003,
such
effluent
monitoring
will
occur
on
a
quarterly
basis
and
will
continue
at
least
until
2007.

c.
Air
Modeling.
Pursuant
to
the
FMG
LOI
among
fluoropolymer
manufacturers,
Dyneon
conducted
site­
specific
air
modeling
for
PFOA
using
the
EPA­
approved
Industrial
Source
Complex
Short
Term
3
(
ISCSTS)
model
and
submitted
a
report
to
EPA
in
December
of
2003.
As
this
report
explains,
Dyneon
has
emitted
no
greater
than
11
pounds
of
PFOA
per
year
over
the
past
25
years,
and
the
resulting
PFOA
impacts
from
the
Dyneon
operations
are
minimal
and
do
not
extend
offsite

3.
Phase
II
 
Additional
Work
Plan
Commitments
To
Augment
And
Build
Upon
LOI
Commitments
And
Other
Related,
Prior
Work
a.
Groundwater
Monitoring.
In
addition
to
the
Phase
I
groundwater
monitoring
described
in
Section
V.
B.
2.
a.
of
this
MOU,
groundwater
monitoring
for
PFOA
will
occur
at
8
wells
to
be
located
in
the
Southern
portion
of
the
3M
Decatur
Site
Property
in
historic
wastewater
treatment
plant
sludge
incorporation
areas
as
well
as
in
several
control
areas.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
6
b.
Soil
Monitoring.
Soil
sampling
and
analysis
for
PFOA
will
occur
in
all
groundwater
monitoring
locations
described
in
Sections
V.
B.
2.
a.
and
V.
B.
3.
a.
of
this
MOU,
with
two
borings
in
all
locations
and
sampling
at
five
depths
in
the
first
boring
and
at
three
depths
in
the
second
boring
 
i.
e.,
estimated
100­
140
samples.

c.
Off­
Site
Tennessee
River
And
Related
Biota
Monitoring.
Off­
site
Tennessee
River
monitoring
for
PFOA
of
surface
water,
sediments
and
aquatic
species
was
initiated
prior
to
the
LOI,
with
sampling
events
in
2000
and
2002
at
locations
upstream
and
downstream
from
the
3M
Decatur
Site
Property
as
well
as
at
outfall
locations
for
the
3M
and
Dyneon
operations.
Such
monitoring
will
occur
on
an
expanded
basis
in
2004.
In
addition
to
surface
water
and
sediments
at
the
same
upstream,
downstream
and
outfall
locations
sampled
in
2002,
the
2004
monitoring
will
include
(
i)
lower
order
species
 
i.
e.,
clams
and
mussels;
and
(
ii)
whole
fish
and
fillets
in
2
species
at
5
locations.

d.
Terrestrial
Biota
Monitoring.
A
survey
of
terrestrial
biota
(
both
vegetation
and
vertebrates)
will
be
conducted
on
and
around
the
historic
wastewater
treatment
sludge
incorporation
areas
on
the
3M
Decatur
Site
Property
with
the
objective
of
identifying
representative
vegetation
and
vertebrate
species
for
PFOA
sampling
and
analysis.
It
is
expected
that
sampling
will
focus
on
2­
3
vegetation
species
selected
based
on
both
the
survey
results
and
the
dietary
preferences
of
small
mammal
species
in
the
area.
It
is
expected
that
the
survey
results
will
suggest
a
single
small
mammal
species
for
sampling
(
likely
the
meadow
vole
as
the
common,
if
not
dominant,
member
of
the
small
mammal
community)
and
that
approximately
eight
samples
will
be
taken
from
four
different
locations
in
the
immediate
vicinity
of
the
soil
borings
associated
with
the
groundwater
monitoring
wells
described
in
Section
V.
B.
3.
b.
of
this
MOU.

4.
Status
Reports.
The
Companies
will
provide
EPA
with
a
semiannual
report
addressing
the
implementation
status
of
the
Work
Plan
in
Appendix
3
to
this
MOU.
The
first
status
report
on
Work
Plan
implementation
is
due
six
(
6)
months
after
the
Effective
Date
specified
in
Section
II.
A.
of
this
MOU.

5.
Final
Reports.
The
Companies
will
submit
to
EPA
within
thirty
(
30)
days
of
availability
any
final
reports
contemplated
by
the
Work
Plan
in
Appendix
3
to
this
MOU.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
7
C.
Data
Quality
1.
The
Companies
recognize
the
importance
of
EPA's
recently­
issued
guidelines
pursuant
to
the
Data
Quality
Act.
See
Guidelines
for
Ensuring
and
Maximizing
the
Quality,
Objectivity,
Utility,
and
Integrity
of
Information
Disseminated
by
the
Environmental
Protection
Agency;
Public
Law
106­
554;
H.
R.
5658,
§
515(
a)
(
2001);
Guidelines
for
Ensuring
and
Maximizing
the
Quality,
Objectivity,
Utility,
and
Integrity
of
Information
Disseminated
by
Federal
Agencies,
OMB,
67
Fed.
Reg.
8452
(
2002);
see
also
EPA
Order
5360.1A2
"
Policy
And
Program
Requirements
For
Agency­
Wide
Quality
System"
(
May
5,
2000);
EPA
Quality
Manual
For
Environmental
Programs,
5360A1
(
May
5,
2000).

2.
The
Companies
commit
in
gathering
all
data
and
information
under
the
PFOA
Site­
Related
Environmental
Assessment
Program
to
employ
­­
as
has
been
done
in
the
past
­­
scientific
practices,
protocols
and
procedures
designed
to
ensure
data
quality,
objectivity,
utility
and
integrity.

3.
Consistent
with
the
foregoing
commitments,
the
Work
Plan
for
the
PFOA
Site­
Related
Environmental
Assessment
Program
set
forth
in
Section
V.
B.
of
this
MOU
includes
references
to
the
various
protocols,
analytical
methods
and
quality
assurance
measures
to
be
employed
under
the
Program.
The
Companies
will
include
copies
of
all
such
protocols,
methods
and
measures
in
the
Data
Assessment
for
the
Program
described
in
Section
V.
D.
of
this
MOU.

D.
Data
Assessment
Commitment
1.
No
later
than
ninety
(
90)
days
following
completion
of
the
Work
Plan
Commitments
set
forth
in
the
Work
Plan
in
Appendix
3
to
this
MOU,
the
Companies
will
submit
a
Data
Assessment
to
EPA.
As
described
in
Section
V.
E.
of
this
MOU,
a
Peer
Consultation
Panel
also
will
receive
and
review
such
Data
Assessment.

2.
The
Data
Assessment
shall
have
a
three­
part
overall
objective:

a.
To
provide
a
robust
summary
of
all
data
and
information
generated
under
the
Work
Plan
in
Appendix
3
to
this
MOU
and
of
any
other
relevant
data
and
information,
including
relevant
data
and
information
developed
under
the
LOI,
on
a
voluntary
basis
or
under
other
programs
as
described
in
Section
IV.
C.
of
this
MOU;

b.
To
assess
the
sufficiency
of
such
data
and
information
to
address
the
following
question:
Are
current
PFOA
releases
from
the
3M
Decatur
Site
Property
and
the
presence
of
PFOA
in
environmental
media
on
and
around
the
Property
sufficiently
understood
so
that
exposure
to
PFOA
associated
with
that
Property
can
be
adequately
assessed
on
a
screening
level
basis?;
and
c.
To
identify
additional
data
and
information,
if
any,
that
are
necessary
to
address
the
foregoing
question.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
8
3.
To
meet
the
overall
objective
identified
in
Section
V.
D.
2.
of
this
MOU,
the
Companies
will
do
the
following
in
the
Data
Assessment:

a.
Data
Summary.
Provide
a
robust
summary
of
all
data
and
information
generated
under
the
Work
Plan
in
Appendix
3
to
this
MOU
and
of
any
other
relevant
data
and
information,
including
relevant
data
and
information
developed
under
the
LOI,
on
a
voluntary
basis
or
under
other
programs
as
described
in
Section
IV.
C.
of
this
MOU.
Such
summary
shall
include,
consistent
with
the
Companies'
commitment
in
Section
V.
C.
of
this
MOU,
all
relevant
information
pertinent
to
establish
data
quality,
objectivity,
utility
and
integrity.

b.
Other
Appropriate
Information.
Provide
other
appropriate,
available
information
necessary
for
the
sufficiency
analysis
described
in
Section
V.
D.
3.
c.
of
this
MOU.

c.
Sufficiency
Analysis.
Provide
a
scientifically­
based
interpretation
of
these
data
and
other
appropriate
information
identified
in
Sections
V.
D.
3.
a.
and
V.
D.
3.
b.
of
this
MOU
with
reference
to
the
sufficiency
of
such
data
and
information
to
address
the
following
question:

Are
current
PFOA
releases
from
the
3M
Decatur
Site
Property
and
the
presence
of
PFOA
in
environmental
media
on
and
around
the
Property
sufficiently
understood
so
that
exposure
to
PFOA
associated
with
that
Property
can
be
adequately
assessed
on
a
screening
level
basis?

Such
scientifically­
based
interpretation
of
these
data
and
other
appropriate
information
will
consider
the
following
areas:

(
1)
Land
use
on
and
around
the
Property.

(
2)
Topography
and
drainage
on
and
around
the
Property.

(
3)
Geology
on
and
around
the
Property.

(
4)
Hydrogeology
on
and
around
the
Property.

(
5)
Biota
on
and
around
the
Property.

(
6)
Waste
handling
practices
by
3M
and
Dyneon
that
may
bear
on
current
PFOA
levels
in
environmental
media
on
and
around
the
Property.

(
7)
PFOA
emissions
and
discharges
from
current
manufacturing
operations
on
the
Property.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
9
(
8)
Levels
of
PFOA
in
environmental
media
on
and
around
the
Property
indicated
by
monitoring
data
and/
or
application
of
any
appropriate
modeling
techniques.

(
9)
Presence
and
location
of
potential
human
receptors
in
the
vicinity
of
the
Property.

d.
Future
Work
Plan.
Provide
an
outline
of
a
Future
Work
Plan
if
the
gathering
of
additional
data
and/
or
other
appropriate
information
is
deemed
necessary
by
the
Companies
to
address
the
question
for
the
sufficiency
analysis
set
forth
in
Section
V.
D.
3.
c
of
this
MOU.

E.
Peer
Consultation
Process
1.
The
Companies
commit
to
fund
and
participate
in
a
Peer
Consultation
Process
that
will
review
the
Data
Assessment
prepared
under
Section
V.
D.
of
this
MOU.
The
details
and
timing
of
the
Peer
Consultation
Process
are
set
forth
in
Section
V.
E.
2.
of
this
MOU.
In
general,
such
Process
will
have
the
following
attributes:

a.
An
Independent
Third
Party
will
design
and
administer
the
Peer
Consultation
Process.

b.
The
Peer
Consultation
Process
will
operate
under
conflict
of
interest
guidelines
and
with
public
transparency.

c.
The
Peer
Consultation
Process
will
provide
scientific
input
on
an
advisory
basis.

2.
To
execute
its
commitment
to
fund
and
participate
in
a
Peer
Consultation
Process,
the
Companies
agree
to
undertake
the
following
measures:

a.
No
later
than
ninety
(
90)
days
from
the
Effective
Date
of
this
MOU,
the
Companies
will
contract
with
an
Independent
Third
Party
to
design
and
administer
the
Peer
Consultation
Process
and
will
inform
EPA,
in
writing,
of
the
identity
and
qualifications
of
such
Independent
Third
Party.

b.
No
later
than
one­
hundred
and
fifty
(
150)
days
from
the
Effective
Date
of
this
MOU,
the
Companies
will
take
reasonable
steps
to
ensure
that
the
Independent
Third
Party
submits
to
EPA,
in
writing,
a
description
of
the
Peer
Consultation
Process
and
a
copy
of
any
procedures
that
will
apply
to
the
Process,
including
procedures
to
assure
avoidance
of
a
conflict
of
interest
for
Peer
Consultation
Panel
members.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
10
c.
No
later
than
two
hundred
and
ten
(
210)
days
from
the
Effective
Date
of
this
MOU,
the
Companies
and
EPA
will
submit
separately,
in
writing,
to
the
Independent
Third
Party
proposed
nominees
for
the
Peer
Consultation
Panel.
In
proposing
any
nominee,
the
Companies
and
EPA
will
take
into
account
both
the
range
of
different
scientific,
technical
and
other
expertise
required
for
the
Panel
to
review
the
Data
Assessment
as
well
as
the
conflict
of
interest
procedures
that
govern
Panel
membership.
Ultimately,
the
decision
whether
to
select
for
Panel
membership
a
nominee
or
a
different
individual
not
nominated
will
rest
with
the
Independent
Third
Party.

d.
No
later
than
ninety
(
90)
days
following
completion
of
the
Work
Plan
in
Appendix
3
to
this
MOU,
the
Companies
will
submit
the
Data
Assessment
prepared
pursuant
to
Section
V.
D.
of
this
MOU
to
EPA
and
to
the
Independent
Third
Party
for
distribution
to
the
Peer
Consultation
Panel
e.
No
later
than
sixty
(
60)
days
from
submission
of
the
Data
Assessment
pursuant
to
Section
V.
E.
2.
d.
of
this
MOU,
the
Companies
will
take
reasonable
steps
to
ensure
that
the
Independent
Third
Party
submits
to
EPA,
in
writing,
a
schedule
for
the
Peer
Consultation
Panel's
review
of
the
Data
Assessment.
Such
schedule
shall
include
the
following
components:

(
1)
An
initial
meeting
at
which
the
Companies
will
present
their
Data
Assessment
to
the
Peer
Consultation
Panel
and
answer
any
questions
from
the
Panel.
Such
meeting
shall
be
open
to
the
public,
but
public
participation
in
the
meeting
shall
have
requirements
and
limitations
(
e.
g.,
oral
statements
scheduled
in
advance
and
limited
to
3
minutes;
written
input
of
no
more
than
5
pages
in
length).

(
2)
The
release
of
a
draft
written
Advisory
Report
by
the
Peer
Consultation
Panel
to
EPA
and
the
Companies
that
provides
scientific,
technical
and
other
expert
advice
on
the
sufficiency
of
the
Data
Assessment
submitted
by
the
Companies
pursuant
to
Section
V.
D.
of
this
MOU
with
reference
to
the
question
set
forth
in
Section
V.
D.
3.
c.
of
this
MOU.
It
is
expected
that
in
providing
such
expert
advice,
the
Peer
Consultation
Panel
will
take
into
account
EPA's
"
Guidelines
for
Exposure
Assessment",
EPA/
600/
Z­
92/
001
(
May
1992),
at
§
2.2.2,
pertaining
to
the
scenario
evaluation
concept.

(
3)
The
opportunity
for
EPA
and
the
Companies
to
submit
written
technical
comments
on
the
draft
Advisory
Report
for
consideration
by
the
Peer
Consultation
Panel.

(
4)
The
release
of
a
final
written
Advisory
Report
by
the
Peer
Consultation
Panel
to
the
Companies
and
EPA.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
11
f.
No
later
than
fifteen
(
15)
days
after
release
of
the
final
written
Advisory
Report
by
the
Peer
Consultation
Panel,
EPA
will
announce
availability
of
such
Report
to
the
public
in
the
Federal
Register
and
allow
the
public
an
opportunity
to
submit
comments
to
EPA
no
later
than
thirty
(
30)
days
thereafter.

g.
No
later
than
thirty
(
30)
days
after
the
close
of
the
public
comment
period
on
the
Advisory
Report,
EPA
will
provide
the
Companies
with
input
on
the
Data
Assessment,
including
on
any
outline
for
a
Future
Work
Plan
set
forth
in
such
Assessment
pursuant
to
Section
V.
D.
3.
d.
of
this
MOU.

h.
No
later
than
ninety
(
90)
days
thereafter,
the
Companies
will
submit
an
amended
final
Data
Assessment
to
EPA
that
takes
into
account
the
final
Advisory
Report
of
the
Peer
Consultation
Panel
and
the
input
from
EPA
received
by
the
Companies
pursuant
to
Section
V.
E.
2.
g.
of
this
MOU.
Such
amended
final
Data
Assessment
shall
include
a
complete
Future
Work
Plan
if
the
gathering
of
additional
data
and/
or
other
appropriate
information
is
deemed
necessary
by
the
Companies
to
address
the
question
for
the
sufficiency
analysis
set
forth
in
Section
V.
D.
3.
c
of
this
MOU.

F.
Post­
Peer
Consultation
Commitments
1.
Future
Work
Plan
a.
Implementation.
Upon
completion
of
the
Peer
Consultation
Process
pursuant
to
Section
V.
E.
2.
h.
of
this
MOU,
the
Companies
will
implement
the
Future
Work
Plan,
if
any,
contained
in
the
amended
final
Data
Assessment
submitted
pursuant
to
Section
V.
E.
2.
h.
of
this
MOU.

b.
Status
Reports.
The
Companies
will
provide
EPA
with
a
semiannual
report
addressing
the
implementation
status
of
the
Future
Work
Plan,
if
any,
contained
in
the
amended
final
Data
Assessment
submitted
pursuant
to
Section
V.
E.
2.
h.
of
this
MOU.
The
first
status
report
on
Future
Work
Plan
implementation
is
due
six
(
6)
months
after
the
Companies
submit
the
amended
final
Data
Assessment
pursuant
to
Section
V.
E.
2.
h.
of
this
MOU.

c.
Final
Reports.
The
Companies
will
submit
to
EPA
within
thirty
(
30)
days
of
availability
any
final
reports
contemplated
by
the
Future
Work
Plan,
if
any,
contained
in
the
amended
final
Data
Assessment
submitted
to
Section
V.
E.
2.
h.
of
this
MOU.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
12
2.
Exposure
Assessment
a.
Upon
completion
of
the
Future
Work
Plan,
if
any,
contained
in
the
amended
final
Data
Assessment
submitted
pursuant
to
Section
V.
E.
2.
h.
of
this
MOU,
the
Companies
will
prepare
a
screening
level
Exposure
Assessment
using
the
scenario
evaluation
concept
set
forth
in
EPA's
"
Guidelines
for
Exposure
Assessment",
EPA/
600/
Z­
92/
001
(
May
1992),
at
§
2.2.2.
Such
Exposure
Assessment
will
be
community­
based
and
will
not
examine
PFOA
exposures
for
any
particular
individual
as
a
direct
result
of
activities
by
3M
or
Dyneon
at
the
3M
Decatur
Site
Property.
Although
individualized
exposure
assessment
is
not
part
of
the
PFOA
Site­
Related
Environmental
Assessment
Program,
nothing
in
this
MOU
would
preclude
such
assessment
from
occurring
as
part
of
other
activities
or
proceedings.

b.
No
later
than
sixty
(
60)
days
after
completion
of
the
Future
Work
Plan,
if
any,
contained
in
the
amended
final
Data
Assessment
submitted
pursuant
to
Section
V.
E.
2.
h.
of
this
MOU,
the
Companies
will
submit
an
Exposure
Assessment
Work
Plan
to
EPA
that
sets
forth
the
details,
including
a
schedule
for
completion,
and
will
implement
such
Work
Plan
expeditiously
thereafter.

c.
The
Companies
will
submit
the
final
Exposure
Assessment
to
EPA
upon
its
completion
and
according
to
the
schedule
established
pursuant
Section
V.
F.
2.
b.
of
this
MOU.

VI.
MISCELLANEOUS
PROVISIONS
A.
Public
Record
1.
EPA
has
established
a
public
record
at
Docket
Control
Number
OPPT
[
].
EPA
has
made
available
an
electronic
version
of
the
OPPT
[
]
public
docket
at
http://
www.
epa.
gov/
edocket.
The
public
also
can
access
the
OPPT
[
]
docket
through
the
EPA
Docket
Center,
Room
B102­
Reading
Room,
EPA
West,
1301
Constitution
Avenue,
N.
W.,
Washington,
D.
C.

2.
The
public
record
will
contain
this
MOU;
all
submissions
by
made
the
Companies
to
EPA
in
fulfilling
their
commitments
under
this
MOU;
and
any
other
final
reports
contemplated
by
this
MOU,
subject
to
the
confidentiality
provisions
of
Section
14(
b)
of
TSCA
and
40
C.
F.
R.
Part
2
and
to
the
disclosure
protection
provisions
in
Section
VI.
A.
3.
of
this
MOU.
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
13
3.
By
signing
this
MOU,
the
Companies
are
not
admitting
that
TSCA
Section
4
gives
EPA
the
authority
to
promulgate
a
test
rule
requiring
generation
of
the
data
and
information
that
the
Companies
will
gather
through
the
PFOA
Site­
Related
Environmental
Assessment
Program;
nor
are
the
Companies
admitting
that
the
TSCA
Section
4
requirements
for
promulgating
such
a
test
rule
have
been
satisfied
by
the
Agency.
The
Companies
believe
that
documents
generated
under
the
PFOA
Site­
Related
Environmental
Assessment
Program
do
not
constitute
studies
subject
to
disclosure
under
15
U.
S.
C.
§
2613(
a);
therefore,
such
documents
may
be
protected
from
disclosure
under
various
laws,
including
under
5
U.
S.
C.
§
552(
b)(
4)
and
15
U.
S.
C.
§
2613(
b),
except
to
the
extent
such
documents
fall
within
the
public
disclosure
provisions
in
Section
VI.
A.
2.
of
this
MOU.

B.
Modifications,
Work
Plan
Amendments
And
Deadline
Extensions
1.
Modifications
to
this
MOU,
if
any,
must
occur
by
mutual
agreement
of
all
signatories
and
will
result
in
an
amended
MOU,
which
will
be
placed
in
the
OPPT
[
]
public
docket
for
this
MOU.
Amendments
to
the
Work
Plan
Commitments
at
Sections
V.
B.
and
V.
F.
1.
of
this
MOU
and
extensions
of
any
deadlines
in
this
MOU
do
not
constitute
modifications
to
this
MOU
provided
that
the
Companies
comply
with
Sections
VI.
B.
2.
and
VI.
B.
3.
of
this
MOU
in
connection
with
any
such
amendments
or
extensions.

2.
In
executing
the
Work
Plan
Commitments
at
Sections
V.
B.
and
V.
F.
1.
of
this
MOU,
the
Companies
must
submit
to
EPA
as
soon
as
practicable
written
notice
of,
along
with
an
explanation
of
the
reasons
for,
any
material
change
to
or
deviation
from
such
Work
Plan.

3.
In
executing
any
commitments
under
this
MOU,
the
Companies
must
submit
to
EPA
as
soon
as
practicable
written
notice
of,
along
with
any
explanation
of
the
reasons
for,
any
need
to
modify
a
time
schedule
under
this
MOU.
Such
notice
must
propose
a
new
time
schedule
that
is
reasonable,
taking
into
account
the
circumstances
as
well
as
EPA's
stated
desire
to
obtain
data
and
information
from
the
PFOA
Site­
Related
Environmental
Assessment
Program
as
soon
as
possible.

4.
The
Companies
and
EPA
recognize
in
connection
with
the
foregoing
provisions
on
modifications,
Work
Plan
amendments
and
deadline
extensions
in
Section
VI.
B.
1.­
3.
of
this
MOU
that
the
Companies
shall
not
be
responsible
for
any
failure
to
perform
their
commitments
under
this
MOU
that
is
caused
by
circumstances
beyond
their
control
which
the
Companies
could
not
have
prevented
through
the
exercise
of
due
diligence.

C.
Submissions
And
Notices
1.
All
submissions
and
notices
by
the
Companies
under
this
MOU
shall
be
made
to
EPA
as
follows:
[
identify
contact].
Draft
Document
Do
Not
Cite
Or
Quote
February
16,
2004
Page
14
2.
All
submissions
and
notices
by
EPA
under
this
MOU
shall
be
made
to
the
Companies
as
follows:
[
identify
contact].

Agreed
to
by:

____________________
on
__
day
of
_____
2004
For
3M
Company
____________________
on
__
day
of
_____
2004
For
Dyneon
LLC
____________________
on
__
day
of
_____
2004
For
United
States
Environmental
Protection
Agency
DC\
653338.5
