Need to return call by / at/between and . Signature: ___________________________ 

Project No.: 0172.07.005.506 DISTRIBUTION 

Page _1_ of __1_

Project Name: 304(m) Annual Review 

TELEPHONE CALL RECORD 

 Outgoing Call

Date: 9/13/2010 Time: 9:30 AM EST 

Company Name: Bayer CropScience Institute 

Contact Name: Gordon Smith 

Phone No.: 304-767-6069

Name: Lauren Wingo Eastern Research Group

GENERAL SUBJECT : Bayer CropScience’s 2008 Pesticide Reporting 

 

TOPICS DISCUSSED AND ACTION TAKEN 

I called Adrian N. Crosby of Bayer CropScience Institute on August 24, 2010 at 3:30 pm but reached the 

voicemail of Gordon Smith. I then called Glenn W. Kraynie instead and left a message asking for Mr. Kraynie 

to call me back to verify DMR data. Mr. Kraynie returned my phone call and left a message stating that the 

correct contact is James Covington and that he can be reached at 304-767-6823. 

I called and left a message with Mr. Covington on August 25, 2010 at 9:00 am. I then received a call from 

Lennie Scott, who requested that EPA directly send him an e-mail to confirm that EPA is looking to verify 

DMR data. 

William Swietlik of EPA sent an e-mail to Mr. Scott on September 1, 2010 at 11:16 am requesting that Mr. 

Scott verify DMR data. 

I called and left a message with Mr. Covington on September 7, 2010 because I did not have Mr. Scott’s direct 

number. I asked that Mr. Covington or Mr. Scott contact me directly via phone or e-mail. 

I called Gordon Smith on September 8, 2010 but there was no answer so I instead called Bayer’s corporate 

headquarters in the U.S. and was given the main line for the Institute, WV facility (304-767-6000). I called Mr. 

Scott but there was no answer. Mr. Scott’s voicemail indicated that he would be on vacation until September 

14th and to contact Brian Schmidt for any questions. I then left a message with Mr. Schmidt at 4:45 pm of the 

same day. 

Mr. Schmidt called me back on September 9, 2010 at 1:30 pm and suggested that he may be able to look over 

and verify the DMR data while Mr. Scott was out on vacation. He asked that I send him, via e-mail, the 

conversation between Mr. Swietlik of EPA and Mr. Scott. I forwarded this e-mail correspondence to Mr. 

Schmidt. 

Mr. Smith called me on September 13, 2010 at 8:30 am and said that he would send me an e-mail with the 

corrected DMR data but wanted to offer me some clarifications over the phone. For Outfall 005, Mr. Smith 

explained that all concentrations were reported below the detection limit of 0.003 mg/L. Mr. Smith 

hypothesized that the detection limit was somehow divided in half, possibly due to issues between converting 

from μg/L to mg/L. For Outfall 301, Mr. Smith clarified that the May, July, August, and December 

concentrations should all have been reported below a detection limit of 0.015 mg/L. All of the concentrations 

reported for Outfall 301 were BDL except for June 2008, which is correct as reported, according to Mr. Scott. 

Mr. Scott then said that he would send an e-mail with an Excel file of corrections and will also provide flow 
Need to return call by / at/between and . Signature: ___________________________ 

data for Outfall 301. Mr. Smith noted that Outfall 301 is a point source at the unit and is not discharged into 

rivers. 

Mr. Smith sent an e-mail Mr. Swietlik and me with an attached Excel file on September 14, 2010 at 10:05 am. 

Mr. Swietlik sent an e-mail at 11:11 am of the same day confirming that he had received the response. 

Mr. Scott called and left me a message on September 15, 2010 at 8:06 am stating that he had received my 

voicemail message and had since talked to Mr. Smith. Mr. Scott was aware of the e-mail that Mr. Smith had 

sent Mr. Swietlik and me. Mr. Scott stated that if I had any additional questions, that I could contact him. 
From: Lauren Wingo 

To: Elizabeth Sabol; Jessica Gray 

Date: 11/11/2010 9:39 AM 

Subject: Fwd: Fw: EPA Request for Information 

>>> Lennie Scott <lennie.scott@bayer.com> 11/10/2010 3:25 PM >>> 

We are waiving the claim appearing at the bottom of the email in question. 

Thank you. 

Note New Email Address: lennie.scott@bayer.com 

R. Lennie Scott, P.E., BCEE 

Environmental Manager 

Bayer CropScience LP 

PO Box 1005 

Rte 25 & I-64 

Institute, WV 25112-1005 

O 304-767-6866 

C 724-462-4672 

----- Forwarded by Lennie Scott/MLZJS/US/BCS/BAYER on 11/10/2010 03:24 PM ----- 

Gordon Smith/ETFHS/US/BCS/BAYER

10/29/2010 11:24 AM 

To

Lennie Scott/MLZJS/US/BCS/BAYER@BAYER-US-NOTES cc

Subject

Fw: EPA Request for Information

Lennie, 

Could you please respond to their request? They are requesting we authorize them to disregard the disclaimer statement. 

Best Regards 

Gordon Smith 

_________________________________________ 

Bayer CropScience LP 

HES ADMINISTRATION 

INSTITUTE 

Phone: +1 304-767-6823 

Fax: 

E-mail: gordon.smith@bayercropscience.com 

Web: http://www.bayercropscience.com 

----- Forwarded by Gordon Smith/ETFHS/US/BCS/BAYER on 10/29/2010 11:21 AM ----- 

"Lauren Wingo" <Lauren.Wingo@erg.com>

10/29/2010 10:48 AM 

To

"Gordon Smith" <gordon.smith@bayercropscience.com> cc

<swietlik.william@epa.gov>, "Eleanor Codding" <Eleanor.Codding@erg.com> Subject

Re: Fw: EPA Request for Information
Mr. Smith, 

 

Thanks again for the data you provided. EPA would like to include these data as part of their public docket, 

to show why they adjusted the discharged pounds of carbaryl based on non-detect values. The public 

docket is available at http://www.regulations.gov, Docket ID EPA-HQ-OW-2008-0517. We have included this 

type of information in the docket in the past; however, this data transmittal included an auto-disclaimer at 

the end of this e-mail. 

 

In order to do include the updated carbaryl information that Bayer CropScience provided in the public 

docket, we would need your permission to ignore the auto-disclaimer generated at the bottom of this email: 

 

"The information contained in this e-mail is for the exclusive use of the intended recipient(s) and may be 

confidential, proprietary, and/or legally privileged. Inadvertent disclosure of this message does not 

constitute a waiver of any privilege. If you receive this message in error, please do not directly or indirectly 

use, print, copy, forward, or disclose any part of this message. Please also delete this e-mail and all copies 

and notify the sender. Thank you." 

Please reply to this e-mail to let us know if it is ok to include the information in EPA's public docket. 

 

Thanks, 

 

Lauren Wingo 

 

Lauren Wingo 

Civil Engineer 

Eastern Research Group, Inc. 

14555 Avion Parkway, Suite 200 

Chantilly, VA 20151 

(703) 633-1692 

From: Lauren Wingo 

To: Jessica Wolford 

Date: 9/14/2010 10:06 AM 

Subject: Fwd: Re: Fw: EPA Request for Information 

Attachments: EPA Data Request 9-1-2010.xls.zip 

>>> Gordon Smith <gordon.smith@bayercropscience.com> 9/14/2010 10:04 AM >>> 

Per my conversation with Lauren Wingo, I have attached a spreadsheet listing the cardaryl data supplied in our WVDEP 

DMR for the dates and Outfalls listed in your e-mail. As you can see there are some discrepancies between data reported 

in your e-mail and that reported in our DMR's to the Agency. Also, there is one clarification necessary for the discharge of 

process waster from Permitted Outlet # 301. This is an internal point source outfall that is not discharged directly into 

waters of the US (Kanawha River) . This a process wastwater stream that is Permitted at the discharge from the process 

unit sump into the Plant process sewer system to our NPDES Permitted (WV0000086) Waste Water Treatment Unit 

(WWTU) and after treatment is ultimately discharged through Permitted Outfall # 001into the Kanawha River. The 

concentration values reported in the DMR"s to the Agency were ND @ MDL except for the value reported for Outfall 301 

in June 2008 (highlighted in yellow in the attached spreadsheet). If you have any questions, please contact me on 304-

767-6069 or at the e-mail address listed above. 

Best Regards 

Gordon Smith 

_________________________________________ 

Bayer CropScience LP 
HES ADMINISTRATION 

INSTITUTE 

Phone: +1 304-767-6823 

Fax: 

E-mail: gordon.smith@bayercropscience.com 

Web: http://www.bayercropscience.com 

Lennie Scott/MLZJS/US/BCS/BAYER

09/01/2010 12:09 PM 

To

Gordon Smith/ETFHS/US/BCS/BAYER@BAYER-US-NOTES cc

Connie Stewart/MOVCB/US/BCS/BAYER@BAYER-US-NOTES, Jim Covington/MOJJU/US/BCS/BAYER@BAYER-USNOTES Subject

Fw: EPA Request for Information

Gordon 

A couple of weeks ago I received a call from a contractor for EPA regarding the attached request. I had asked for 

confirmation that her firm was in fact an EPA contractor. Instead, they have sent verification and a written request directly 

from EPA. 

Please review the request and prepare a response. I am on Vacation until Tuesday, Sep. 14, so please review your 

response with Connie and then forward to Mr. Swietlek. Please call my cell if you need any clarification. Also, if others 

need to review, per site policy, please take necessary steps. 

Thank you. 

R. Lennie Scott, P.E., DEE 

Environmental Manager 

Bayer CropScience LP 

PO Box 1005 

Rte 25 & I-64 

Institute, WV 25112-1005 

O 304-767-6866 

C 724-462-4672 

----- Forwarded by Lennie Scott/MLZJS/US/BCS/BAYER on 09/01/2010 12:05 PM ----- 

Swietlik.William@epamail.epa.gov

09/01/2010 11:16 AM 

To

lennie.scott@bayercropscience.com cc

"Eleanor Codding" <Eleanor.Codding@erg.com>, "Lauren Wingo" <Lauren.Wingo@erg.com>, "Jessica Wolford" 

<Jessica.Wolford@erg.com> Subject

EPA Request for Information

Dear Mr. Scott, 

On behalf of EPA, Eastern Research Group, Inc. (ERG) under EPA Contract 

No. 68-C-02-095, has contacted you to request clarification of 2008 

discharge monitoring reports for the Bayer CropSciences facility in 

Institute, WV (WV0000086). Here is some background on what the 

information is used for. 

EPA reviews publicly-available DMR data to fulfill its review 
obligation under Section 304(b) of the Clean Water Act. The CWA requires 

EPA to annually review and, if appropriate, revise its water pollution 

control technology-based regulations, called “effluent limitations 

guidelines” or "effluent guidelines,” that limit the discharge of 

pollutants to waters of the U.S. from various categories of industrial 

facilities. EPA is currently conducting its 2010 annual review of 

existing effluent guidelines and potential industrial guidelines which 

may need to be included (see http://www.epa.gov/guide/304m/ for further 

information). EPA will discuss this review and the results in its 2010 

Effluent Guidelines Program Plan scheduled for publication in the 

Federal Register in December 2010. As part of the 2010 annual review, 

EPA is evaluating the data in discharge monitoring reports from 2008 and 

needs further information to complete the review. 

We would like to obtain information on the following quantity and 

concentration data for total carbaryl discharges from your facility. Our 

records show the following quantities were discharged: 

Outfall 005 

- Mar 2008: 0.38548753 kg/day and 0.0015 mg/L 

- Jun 2008: 0.45351474 kg/day and 0.0015 mg/L 

- Sept 2008: 0.40816327 kg/day and 0.0015 mg/L 

- Dec 2008: 0.40816327 kg/day and 0.0015 mg/L 

Average flow range: 44.13 MGD to 67.28 MGD. 

Outfall 301 

- Jan 2008: 0.002267574 kg/day and 0.016 mg/L 

- Feb 2008: 0.002267574 kg/day and 0.016 mg/L 

- Mar 2008: 0.002267574 kg/day and 0.016 mg/L 

- Apr 2008: 0.002267574 kg/day and 0.016 mg/L 

- May 2008: 0.001133787 kg/day and 0.0075 mg/L 

- Jun 2008: 0.006802721 kg/day and 0.048 mg/L 

- Jul 2008: 0.001133787 kg/day and 0.0075 mg/L 

- Aug 2008: 0.001133787 kg/day and 0.0075 mg/L 

- Sept 2008: 0.002267574 kg/day and 0.016 mg/L 

- Oct 2008: 0.002267574 kg/day and 0.016 mg/L 

- Nov 2008: 0.002267574 kg/day and 0.016 mg/L 

- Dec 2008: 0.001133787 kg/day and 0.0075 mg/L 

No flows available. 

We believe that some of the quantities and concentrations may have been 

reported as below the detection limit because they are the same value. 

We appreciate your help in confirming if the above data are accurate and 

if any of the data were non-detect, as we suspect. 

Please return the requested information to Lauren Wingo of ERG via 

email at lauren.wingo@erg.com. 

If you have any questions regarding this request, please contact Lauren 

Wingo of ERG by phone at (703) 633-1692 or at the e-mail address listed 

above. If you would like to speak directly with me regarding this 

request, contact me by phone at (202) 566-1129 or by e-mail: 

swietlik.william@epa.gov. 

Thank you, 

_______________________ 

William F. Swietlik 

Engineering and Analysis Division (4303-T) 

Office of Water/Office of Science and Technology 

U. S. EPA 

1200 Pennsylvania Ave., N.W. 

Washington, DC, 20460 

202-566-1129: Desk 

202-566-1053: FAX 
The information contained in this e-mail is for the exclusive use of the intended recipient(s) and may be confidential, 

proprietary, and/or legally privileged. Inadvertent disclosure of this message does not constitute a waiver of any privilege. 

If you receive this message in error, please do not directly or indirectly use, print, copy, forward, or disclose any part of 

this message. Please also delete this e-mail and all copies and notify the sender. Thank you. 

For alternate languages please go to http://bayerdisclaimer.bayerweb.com
DATE 

SAMPLED

QUARTER 

ENDING OUTFALL #

 DMR REPORTED 

VALUE = ND @ MDL FLOW-MGD

DMR REPORTED 

Lbs/DAY

2/5/2008 March-08 005 < 3.0 μg/L 67.28 <1.7

5/15/2008 June-08 005 < 3.0 μg/L 81.3 <2.0

9/25/2008 September-08 005 < 3.0 μg/L 44.13 < 1.8

11/12/2008 December-08 005 < 3.0 μg/L 71.5 <1.8

DATE 

SAMPLED

REPORTING 

MONTH OUTFALL #

DMR REPORTED 

VALUE FLOW-MGD

DMR REPORTED 

Lbs/DAY

1/8/2008 Jan-08 301 ND @ 0.016 mg/L (MDL) 0.038 0.005

2/11/2008 Feb-08 301 ND @ 0.016 mg/L (MDL) 0.038 0.005

3/12/2008 Mar-08 301 ND @ 0.016 mg/L (MDL) 0.038 0.005

4/11/2008 Apr-08 301 ND @ 0.016 mg/L (MDL) 0.038 0.005

5/6/2008 May-08 301 ND @ 0.015 mg/L (MDL) 0.038 < 0.005

6/27/2008 Jun-08 301 0.048 mg/L 0.038 0.015

7/21/2008 Jul-08 301 ND @ 0.015 mg/L (MDL) 0.038 < 0.005

8/22/2008 Aug-08 301 ND @ 0.015 mg/L (MDL) 0.038 < 0.005

9/11/2008 Sep-08 301 ND @ 0.016 mg/L (MDL) 0.038 0.005

10/30/2008 Oct-08 301 ND @ 0.016 mg/L (MDL) 0.038 0.005

11/6/2008 Nov-08 301 ND @ 0.016 mg/L (MDL) 0.038 0.005

12/9/2008 Dec-08 301 ND @ 0.015 mg/L (MDL) 0.038 < 0.005