## Need to return call by / at/between and . Signature: ___________________________ Project No.: 0172.07.005.506 DISTRIBUTION

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### 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 Re porting



# 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. Kra ynie 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 re ached 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 o n September 1, 2010 at 11:16 am requesting that Mr. Scott verify DMR data.

I called and left a message with Mr. Covington on Septemb er 7, 2010 because I did not have Mr. Scott’s direct number. I asked that Mr. Covington or Mr. Scott contact m e 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 fo r the Institute, WV facility (304-767-6000). I called Mr.

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

14 th 

# and to contact Brian Schmidt for any questions. I then lef t 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 s uggested that he may be able to look over and verify the DMR data while Mr. Scott was out on vaca tion. 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 t hat he would send me an e-mail with the

corrected DMR data but wanted to offer me some clarifi cations 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 i n half, possibly due to issues between converting

from μ g/L to mg/L. For Outfall 301, Mr. Smith clarified that th e May, July, August, and December concentrations should all have been reported below a det ection 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 a ttached Excel file on September 14, 2010 at 10:05 am. Mr. Swietlik sent an e-mail at 11:11 am of the same day c onfirming 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. S cott was aware of the e-mail that Mr. Smith had

sent Mr. Swietlik and me. Mr. Scott stated that if I h ad 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> 11/10/201 0 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 ar e requesting we authorize them to disregard the dis claimer 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" <Elea nor.Codding@erg.com> Subject Re: Fw: EPA Request for Information

### Mr. Smith,

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

, to show why they adjusted the discharged pounds of car baryl 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 a t
the end of this e-mail.

In order to do include the updated carbaryl informatio n 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 e xclusive 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 t his message in error, please do not directly or indir ectly use, print, copy, forward, or disclose any part of t his message. Please also delete this e-mail and all cop ies 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 attac hed a spreadsheet listing the cardaryl data supplie d in our WVDEP DMR for the dates and Outfalls listed in your e-mai l. As you can see there are some discrepancies bet ween data reported in your e-mail and that reported in our DMR's to th e Agency. Also, there is one clarification necessa ry for the discharge of process waster from Permitted Outlet # 301. This i s an internal point source outfall that is not disc harged 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 ou r NPDES Permitted (WV0000086) Waste Water Treatment Unit (WWTU) and after treatment is ultimately discharged through Permitted Outfall # 001into the Kanawha Ri ver. The concentration values reported in the DMR"s to the A gency were ND @ MDL except for the value reported f or Outfall 301 in June 2008 (highlighted in yellow in the attached spreadsheet). If you have any questions, please c ontact me on 304-
767-6069 or at the e-mail address listed above.

Best Regards

Gordon Smith

_________________________________________

Bayer CropScience LPHES 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, J im 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 cont ractor for EPA regarding the attached request. I h ad asked for
confirmation that her firm was in fact an EPA contr actor. 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. Swietl ek. Please call my cell if you need any clarificat ion. Also, if others need to review, per site policy, please take necess ary 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>, "Laure n 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 clari fication of 2008 discharge monitoring reports for the Bayer CropScie nces 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 reviewobligation 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 “efflu ent limitations guidelines” or "effluent guidelines,” that limit th e discharge of pollutants to waters of the U.S. from various categ ories of industrial facilities. EPA is currently conducting its 2010 an nual review of existing effluent guidelines and potential industri al guidelines which may need to be included (see http://www.epa.gov/gui de/304m/ for further information). EPA will discuss this review and the results in its 2010 Effluent Guidelines Program Plan scheduled for publ ication in the Federal Register in December 2010. As part of the 2 010 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 followin g quantity and concentration data for total carbaryl discharges fr om your facility. Our records show the following quantities were discharg ed:

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 concentr ations 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 W ingo of ERG via email at lauren.wingo@erg.com.

If you have any questions regarding this request, p lease 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 b y 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: FAXThe 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. Inadverten t 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 a ll copies and notify the sender. Thank you.

For alternate languages please go to http://bayerdi sclaimer.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