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.

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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.

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