Document 5LmwL2qK3MaO2DKamGEw2LZQ5

9 ff COLUM BUS. OHIO O FFICE TW ELFTH FLOOR 21 E A S T S TATE S T R E E T C O LU M B U S . O H IO 432 15*4221 614-221-2838 FAX: 614-221-2007 Ro b er ta . Bilott (513) 357-9638 bilott@taftlaw.com MASKS-. 1507 TAFT, STETTINI US & HOLLISTER LLP 425 WALNUT STREET, SUITE 1800 CINCINNATI, OHIO 45202-3957 513-381-2838 FAX: 5 13 -3 8 1 -0 2 0 5 www.tattlaw.com April 4, 2003 NO RTH ERN KEN TUCKY OFFICE SUITE 340 1717 DIXIE HIG HW AY C O VIN GTON . K E N TU C K Y 410 11 -4 7 04 859-331-2838 513-381-2838 FAX: 513-381-6613 CLEVELAND. OHIO O FFICE 3500 BP TOWER 200 PUBLIC SQUARE CLEVELAND . OHIO 44114-2302 216-241-2838 FAX: 216-241-3707 FEDERAL EXPRESS Dr. Charles M. Auer Chemical Control Division Office of Prevention, Pesticides and Toxic Substances U.S. Environmental Protection Agency 1201 Constitution Avenue, N.W. Mail Code 7405M Washington, DC 20004 Jennifer Seed U.S. Environmental Protection Agency 410 M Street, S.W. Washington, DC 20460 Christopher Jones, Esq. Director Ohio Environmental Protection Agency 122 South Front Street Columbus, OH 43215 Thomas V. Skinner Regional Administrator U.S. Environmental Protection Agency 77 West Jackson Blvd. Chicago, IL 60604 Oscar Hernandez Director, Risk Assessment Division Office of Prevention, Pesticides and Toxic Substances U.S. Environmental Protection Agency 1201 Constitution Avenue, N.W. Mail Code 7405M Washington, DC 20004 John Wheeler, Ph.D. ATSDR 1825 Century Center Blvd. N> Atlanta, GA 30345 y -Q ZXJ Donald S. Welsh PO Regional Administrator U.S. Environmental Protection Agency T;xJ Region III ro o^o -orn ---CiJmO zr.+r oo 1650 Arch Street Philadelphia, PA 19103-2029 cr> Re: Human Health Threat Arising From Releases Of AFOA/APFO/C-8 In West Virginia And Ohio____________________________________ Ladies and Gentlemen: This letter serves as a supplement to our letter on the referenced topic dated February 3, 2003 (AR-226-1216). In that letter, we provided information to you in connection with our concern that there may be a threat to the health of those living in both Ohio and West Virginia oooooi April 4, 2003 Page 2 whose drinking water is contaminated with C-8 from DuPont's Washington Works Plant in Wood County, West Virginia. Since the mailing of that letter, information has been made available through public disclosure of USEPA's March 17, 2003 "Preliminary Risk Assessment Of The Developmental Toxicity Associated With Perfluorooctanoate Acid And Its Salts" and in a report recently released by the Environmental Working Group on its Web site (ewg.org) indicating that USEPA may not possess certain information generated by E.I. duPont de Nemours and Company ("DuPont") with respect to the human health effects of C-8. More specifically, it is not clear whether your agencies have reviewed certain information possessed by DuPont relating to the health of workers at its Washington Works Plant where potential C-8 exposure has occurred, not only in the specific manufacturing areas where C-8 is used, but throughout the Plant by virtue of historic C-8 contamination of the Plant's air and drinking water. Thus, because we understand that USEPA and other governmental agencies are in the process of evaluating all available human health information in order to determine how best to respond to this human health threat, we have enclosed the following documents for consideration and inclusion in USEPA's Administrative Record 226 for C-8-: 1. DuPont Internal Memo, "Ammonium Perfluorooctanoate (FC-143) C-8 Compounds" (3/25/81) (EID096503); 2. DuPont Internal Memo, "C-8 Blood Sampling Results: Births and Pregnancies" (4/81) (EID079375); 3. DuPont Internal Memo, "C-8 Study" (8/5/96) (EID107066-71); 4. DuPont Epidemiology Surveillance Report, "Mortality And Cancer Incidence Surveillance At Washington Works" (6/30/96) (EID121880-94); 5. DuPont Toxic Substance Control Act (TSCA) Section 8(c) Form: Allegation of Significant Adverse Health/Environmental Effect (8/26/97) (YLP000136-139); 6. DuPont Internal Memo, "Cancer Incidence Report 1959-2001,- All-Cause Mortality Report 1957-2000, Washington Works, Parkersburg, West Virginia" (1/27/03) (EID645647-65). We also have enclosed a copy of an internal DuPont memorandum (EID613678-687) indicating that, according to DuPont, certain adverse effects were observed in the recent 2-generation C-8 rat study at dose levels lower than certain of the adverse effect levels referenced by the study's - As a defendant in a class action lawsuit pending against DuPont in the West Virginia State Court in which we serve as class counsel, DuPont has the right to mark documents produced in that case as falling under the terms of a Stipulated Protective Order that allows parties to limit distribution of documents, if they qualify as documents for which "confidential business information" (CBI), protection would be available under, among other provisions, 40 C.F.R. Part 2, Subpart B. DuPont did not stamp any of the attached copies from its files as subject to the terms of the Stipulated Protective Order. - It is not clear why this more current cancer incidence report apparently omits data from 1956-1958, which was included in DuPont's earlier, 1996 cancer incidence report. OOOOO^ April 4, 2003 Page 3 rat study at dose levels lower than certain of the adverse effect levels referenced by the study's authors and by USEPA in its March 17, 2003, preliminary risk assessment for PFOA, indicating that the risks to human health may, in fact, be significantly higher than indicated in USEPA's current draft risk assessment. RAB/mdm Enclosures cc: R. Edison Hill, Esq. (w/o ends.) Larry A. Winter, Esq. (w/o ends.) Gerald J. Rapien, Esq. (w/o ends.) Mary Dominiak, (USEPA, OPPT) (for inclusion in AR-226) (w/ ends.) 000003