.„ 9 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

flEGION 7?S FUNSTON HOAO

KANSAS CITY. KANSAS 66115

September 27, 1990

MEMORANDUM

SUBJECT: Access for Sampling for Dloxin Site CharacterizationSampling

FROM: Paul Doherty (\SINV/EP&R/ENSVf

TO: Cheryle MicinskiCNSL

This is to request assistance from the Office of RegionalCounsel to obtain access to perform dioxin site characterizationsampling at the following sites:

Jones Truck Line site, St. Louis, MissouriSouthern Cross Lumber Company site, Hazelwood, MissouriABF Company site (a.k.a. Arkansas Best Freight Co.)/

St. Louis, Missouri.

We have attempted to negotiate voluntary access for samplingwith these companies since April of this year without success.Representatives from the Jones Truck Lines and Southern CrossLumber Company have declined to sign EPA's Access Agreements buthave recently forwarded corporate Access Agreements (attached)for our signature. We believe that certain conditions in theseagreements may present problems for us and would like to discussthem with you further.

Officials with the ABF Company have repeatedly resistedany and all attempts to perform follow-up sampling. Relatedcorrespondence from the company is attached.

We are requesting that you assign a member of your staff tomeet with us to discuss our options for obtaining access to theabove-referenced sites. By copy of this memo, SPFD is invited toparticipate in these coordination meetings.

Attachments

cc: Robert Morby, SPFD

x a?

S00207634SUPERFUND RECORDS

May 4, 1990

Mr. Stan ArabiaSun Company, Inc.100 Matisonford RoadRadnor, Pennsylvania 19087

Dear Mr. Arabis:

The Environmental Protection Agency would like to survey andconduct follow-up sampling at the former Jones Truck Lineterminal, 5601 Hall Street, St. Louis, Missouri, in June or July1990. The activity will probably take from 2 to 4 weeks tocomplete. Enclosed for your signature is an Access Agreement forthis activity.

Your prompt response concerning this request would beappreciated. If you have any questions, please contact me orBob Wiggans at 913/236-3881.

Sincerely,

Paul DohertyChief, Site Investigation SectionEmergency Planning and Response BranchEnvironmental Services Division

Enclosure

Stanley L. ArabicChief CounselRisk Management andCorporate Affairs

Sun Company, Inc.lOOMalsonfotdHoadRadnor PA 19087-45972152936371

May 10, 1990

Mr. Bob WiggansUnited States EnvironmentalProtection Agency

Region 725 Funston RoadKansas City, Kansas 66115

Dear Mr. Wiggans:

Per our conversation of Tuesday, May 8, 1990, pleaseprovide me with a copy of your workplan so that I may haveyour proposal evaluated by our consultants. As I mentioned toyou, we have no problem with EPA's sampling of the Jones Truckterminal site; however, it is important for EPA to assure'IZ'rv&'i C.-fctYVfei-s Vncrt: t'ne integrity of the cap will bemaintained and that no dioxin will migrate offsite as a resultof your activity.

After review of your workplan, we will contact you if wehave any questions. Thank you very much for your attention tothis matter.

/• >Sincerely,

Stanley L. Arabis

cc: Paul Doherty

a5-10a.jmj

-L^J, IL_ UL- I 1 IU H.01

Stanley LArabi*Chief counselCorporals Affair*

Sun Company. Inc.100 Matoonf ord RoadRadnor PA 19087-459721529363/1

September n, 1990

Bob WigginsEnvironmental ProtectionAgency

Laboratory ENSV25 Funston RoadKansas City, Kansas 66115

Re: Jones Truck Lines Site, 5601 Hall StreetSt.* Louis t Mls^ourj,____

Dear Bob:Enclosed please find a draft of the Sampling

Agreement.

Very truly yours,

Stanley L. Arable

SLA/oXEnclosure

IU 791323£2334 P.02

DRAFT 9/11/90

AGREEMBNT between Triad Carriers, Inc. ("Triad") and tha

United State* Environmental Protaction Agency ("U.S. EPA")

concerning the condition of the premises and liability

relating to the site characterization sampling of the Jones

Ti-uefc Lines Cite, 5C01 Hall Ctreet, Ot. Louis, Missouri.

In Consideration for Triad having granted to the U.S. EPA

permission to enter, inspect and remove samples from the

former Jones Truck Lines Terminal (the "Site") located at 5601

Hall Street, St. Louis, Missouri , the U.S. EPA. agrees to tha

following terms:

(1) ThP U.S. KP» will IP*W> fhp RitP in Ruhfit.nnt.i ally

the earoo condition ac before tha inspection and campling. As

part of tho efforts to comply with this provision/ U.S. EPA

agrees to refill and seourely cap all holes drilled, dug, or

cut or used in ita sampling process and to take all neccaaary

steps to prevent Migration of any dioxin or other contaminant.

(2) Tha U.S. EPA agrees to take all measures to preserve

the integrity of the asphalt cap at all times. Pursuant to

paragraph (l), U.S. EPA agrees to make any necessary repairs

to restore the integrity of the asphalt cap after the

inspection and sampling are completed.

HKUI'I PK-LtunL LL-K1 fu 7913236293-4 P.03

(3) The U.S. EPA agrees to hold Triad harmless for anyinjury or danage of any kind whatsoever which may occur to any

people or property utilized by U.S. EPA in its inspection and

sampling of tha Site.

(A) Thp n..<5. EPA agr*»pR tn inripiunify Triad fnr any

claim, injury or damage of any kind whatsoever caused by the

intentional, reckless, or negligent conduct of the U.S. EPA as

a result of its inspection and campling of the Site.

In tha event that Triad incurs any costs associated with

the U.S. EPA's failure to fully comply with tho provisions of

thio Agrooroont, tho U.S. EPA will bo fully liablo for those

ooate, plus interest, and including reasonable attorneys' fees

incurred to enforce the Agreement.

THIS AGREEMENT is entered into on this __ day of

____________, 1990.

U.S. ENVIRONMENTAL, TRIAD CARRIERS, INC.PROTECTION AGENCY

STF8-27a 2

TOTAL P.03

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYHf GION 7

25 (UNSrON KOADKANSAS CMY. K A N S A S 66115

May 1, 1990

Mr. Daniel A. Crown, Vi ce-Pres identSouthern Cross Lumber and Millwork Company143 McDonnell BoulevardHazelwood, Missouri 63042

Dear Mr. Crown:

The Environmental Protection Agency would like to survey andconduct follow-up sampling at the Southern Cross Lumber andMillwork Company property in Hazelwood, Missouri, during theperiod from May 7 to July 16, 1990. The activity will probablytake from 5 to 8 weeks to complete. Enclosed for your signatureis an Access Agreement for this activity.

Your prompt response concerning this request would beappreciated. If you have any questions, please call me orPaul Doherty at 913/236-3770.

Sincerely,

Roy J. Cross landOn-Scene CoordinatorEmergency Planning and Response BranchEnvironmental Services Division

Enclosure

RECYCLE.

AGREEMENT TO ALLOW ENTRYTO PROPERTY FOR ENVIRONMENTAL INVESTIGATION

RIGHT OF ENTRY TO PREMISES

Mr. Daniel A. Crown, Vice President, Southern Cross Lumber andMillwork Company, as legal representative having authority toallow access and entry to property described below knowinglyconsent and authorize the United States Environmental ProtectionAgency (EPA) and/or its contractors or agents to enter theproperties located 143 McOonnell Boulevard and 127 ByasseeStreet, Hazelwood, Missouri, for the purpose of conducting anenvironmental investigation at the property.

LN YEST i G AT i ONThe purpose of the investigation is to purvey the properties andcollect soil samples from that area of the property known, orsuspected, to be contaminated with 2 , 1 , 7 , n- tetrachlorodibenzo-p-dloxin (dloxln) . The areas will be measured into sampling plotsand multiple samples w i l l lie taken from each plot. In order toadequately determine the extent of the contaminated soil, it maybe necessary to take samples from the soil contiguous to theknown contaminated areas. The purpose of this additionalsampling Is to define more accurately the extent of dloxincontamination both in area and In depth. After the extent ofcontamination is defined by sampling and subsequent analysis, EPAwill be able to more accurately define the amount of contaminatedsoil which may require cleanup. Tills investigation is subject tothe availability of funds.

TERM_QF_AGREEHEHT

The investigative activity authorized by this agreement isexpected to be performed sometime during the period from May 7 toJuly 16, 1990 and will take from 5 to 8 weeks to complete.

ODLIGA.T1QNS_QF._EPA

EPA will notify you of the date we expect to be on your property.The dates authorized above reflect the length of time that EPAexpects to be In the general area. EPA also agrees to useappropriate safety measures while sampling activity is ongoing.All activities will be in compliance with relevant laws andstatutes. EPA will provide you the results of the analysis ofall samples taken pursuant to the terms of this agreement.

RESTORATION OF PROPERTY

The EPA agrees that In performing the environmental responseactions described herein, all material and equipment utilized byKPA or its contractors shall be removed from the said propertyupon the completion of the activities authorized by thisAgreement, and that the property shall be restored as nearly aspossible to its original condition as found immediately precedingthe beginning of the activities authorized by this Agreement.

Southern cross Lumber and "Hlllwork Co. Date

Date

U.S. Environmental Protection Agency Date

A, No crossi i p iii i\ ' i'>(,'i » 11 IM'. r' I'l 1:1 i .11 »• i' •> r-Mi 11 i 11 MI i i •

Juno U, I '> ' ) ( )

Roy J . C ross I andOn-Scene Coo rd ina forRmerqency Planninq and Response ihanchEnvironmental Service:; D i v i s i o nReq i.on 72') Houston Rd.K a n s a s c i t y, K a n s a .s 661 I r>

lUS: Southern Cr(>ss^ .LJIOl'J"- r J"_Mi-

Hear Mr. C ross I and :

'I'h is l e t t e r [n in Col l o w - u p lo your recent contact w j i l i Mr .Dan <"rov;n regardin'j Son the r n ("rorj:>' f ; i t | n i i u _ ) <>r <-i n Ayree/ncn I. TOAllow r:ntry To I'rop'.^riy ror Rnv i r onm-.M) ta I I nve;; t i'ja I. ion .

Previously, on .Inly '> , I9B9 vat ions r epr'?s"nta t i ves ofSouthern Cross, i n c h i d i p q myself, mot w i t h yon ami Pan L oan-ihor I yr egri r d i nq proposer! invest i < ) a l ive vvoik a.s sf?l f o r t h in Wi I li.noKef fer 's Letter of r e h r i i a r y ^0, I'll!'). As sfafc-.l t h e n , it is s t i l lSon t he r n r ros ?? ' in ten! ion to fn I I / cooperate w i t h your aqency.our concern is that we f i r s t fnl ly understand exactly what workw i l l h e done.

At our previous mcol inq you and Mr . Danqherfy aqreed toprovi.de Southern Cross w i t h a formal work p U'" that would hepresented to Southern Cross and ATSDI! at the same time for ourcomments. A d d i t i o n a l l y , you i n d i c a t e d you would also provide usw i t h the following items:

"^ ,\ - Copy of "record of decision" from Times Reach settinq outresidential and commercial ly acceptable levels of di.ox.in

"--/ - ATSDR heal Ih a d v i s o r y s I a I r>moii I.

"̂ .( - Copy of KPA met] i a notice po I if.-y

A d d i t i o n a l l y , yon had iudii.vited your wi I I i nqness to schedule your /' ')v/ork on a Friday, Saturday, Sunday or Saturday, Sunday, Monday and' 'to v/ork your crews on a twenty-four (24) liour basis. /

'

Hopefully, the above items accurately represent yourrecollection and notes from our prior meeting and you will stillbe able to provide us w i t h the above items and considerations. Aswe hope you can appreciate, everyone at Southern Cross isp a r t i c u l a r l y concerned as to the potentially negative impact thatyour work at .southern Cross could have w i t h their employees,suppliers and customers.

Edward Budy

:tl/ss

s «* ̂ U <,

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYHEGION 7

25 FUNS I ON ROADKANSAS CMY. KANSAS 66115

August 8, 1990

Mr. Ed BudyGeneral CounselNorcross CompaniesP.O. Box 2356911405 Park RoadLouisville, Kentucky 40223

Dear Mr. Budy:

In response to your letter of June 11, 1990, we areproviding you with additional information regarding the proposedsampling activity at the Southern Cross Lumber & Millwork site,Hazelwood, Missouri.

We have enclosed Attachment I to the Times Beach Record ofDecision which includes copies of the Health Advisories whichwere consulted in establishing the appropriate criteria fordioxin concentrations in the soil at this site. Also enclosed isa site specific Health Advisory prepared by the National Insti-tute of Occupational Safety and Health in 1984.

The U.S. Environmental Protection Agency (EPA) inRegion VII does not have a written press policy. While wewill continue to keep concerned citizens informed of plannedor ongoing activities, media interest at the eastern Missouridioxin sites has dropped significantly and the agency does notexpect the same media interest as in the past. We have no plansto notify the media of future sampling activities at the SouthernCross site.

A copy of the proposed sampling plan is also enclosed foryour review. Our experience from previous sampling effortssuggests that, utilizing a double crew, the sampling work pro-posed for Southern Cross can be completed in 3 to 7 days. We arewilling to schedule double crews and arrange sampling of heavilytrafficked areas for the weekend to minimize disruption to ongo-ing business activities. It will not be possible to schedulecrews on a 24 hour basis.

RECYCLE^

In the last two months this office has completed samplinginvestigations at seven sites with minimal media interest orpublic concern expressed. We are confident that the proposedsampling activity at Southern Cross can be performed quickly andexpeditiously by EPA with minimal negative impact.

Your timely response to our request for access would beappreciated. If you have any questions, or if you wish to meetagain to discuss the proposed sampling, please feel free to callPaul Doherty or me at (913) 236-3888.

Roy J. CrosslandSite Investigation SectionEmergency Planning and ResponseEnvironmental Services Division

Enclosure

cc: Daniel Crown, SCLCheryle MlcinsklCNSL

Jk INorcrossCompanies I'O I1OX 2)')(,'» • ll-IOi I'AKK KOAO • I OUISVH I I. Kl Nl I l( M IIL'JI • SI)..'/_»•!•) Mb I

I inVAKDHUDYSM'KI I A R Y AND

UNIRAI (OIINSII

September 24, 1990

Mr. Roy J. CrosslandEnvironmental Specialist - OSCEmergency Planning and Response BranchUnited States Environmental ProtectionAgency, Reg. VII Lab.

25 Funston RoadKansas City, Kansas 66115

RE: Site Characterization Sampling at Southern Cross

Dear Mr. Crossland:

Enclosed is your Agreement To Allow Entry with severalchanges I have made to reflect Southern Cross1 understanding ofarrangements that were agreed to at our last meeting. Pleaselet me know if this agreement is acceptable to you.

Sincerely,

Edward Budy

EB/sm0397b/30

cc: Daniel A. Crown/Southern Cross Lumber & Millwork Co,

enclosures

AGREEMENT TO ALLOW ENTRYTO PROPERTY FOR ENVIRONMENTAL INVESTIGATION

RIGHT OF ENTRY TO PREMISES

Mr. Daniel A. Crown, Vice President, Southern Cross Lumber andMillwork Company, as legal representative having authority toallow access and entry to the property described below, knowinglyconsents and authorizes the United States Environmental ProtectionAgency (EPA) and/or its contractors or agents to enter theproperties located at 143 McDonnell Boulevard and 127 ByasseeStreet, Hazelwood, Missouri, for the purpose of conducting anenvironmental investigation at the property as set forth in theQuality Assurance Project Plan For Site Characterization SamplingOf The Southern Cross Lumber Site Hazelwood, Missouri dated April10, 1990, and attached hereto and incorporated herein as Exhibit A.

PURPOSE OF INVESTIGATION

The purpose of the investigation is to survey the properties andcollect soil samples from that area of the property known, orsuspected, to be contaminated with 2, 3, 7,8-tetrachlorodibenzo-p-dioxin (dioxin). The areas will bemeasured into sampling plots and multiple samples will be takenfrom each plot. In order to adequately determine the extent ofthe contaminated soil, it may be necessary to take samples fromthe soil contiguous to the known contaminated areas. The purposeof this additional sampling is to define more accurately thevx'uBn'c ot cjioxin contamination both in area and in depth. Afterthe extent of contamination is defined by sampling and subsequentanalysis, EPA will be able to more accurately define the amount ofcontaminated soil which may require cleanup. This investigationis subject to the availability of funds.

TERM OF AGREEMENT

The investigative activity authorized by this Agreement isexpected to be performed sometime during the period fromSeptember ____, 1990 to October ___, 1990. Double crews willbe used for all work and all work in heavily trafficked areas willbe performed on weekends. Every effort will be taken on the partof EPA to minimize the disruption to ongoing business activities.

OBLIGATIONS OF EPA

EPA will notify you of the dates we expect to be on yourproperty. The dates authorized above reflect the length of timethat EPA expects to be in the general area. EPA also agrees touse appropriate safety measures while sampling activity isongoing. All activities will be in compliance with relevant lawsand statutes. EPA will contemporaneously with its receipt orgeneration provide you with all results of the analysis of allsamples taken pursuant to the terms of this Agreement as well as

all other field notes, field documentation, or other data andmaterial generated. EPA, as requested by you, will provide youwith split spoon samples on any auger samples it makes.

RESTORATION OP PROPERTY

The EPA agrees that in performing the environmental responseactions described herein, all material and equipment utilized byEPA or its contractors shall be removed from the said propertyupon the completion of the activities authorized by thisAgreement, and that the property shall be restored as nearly aspossible to its original condition as found immediately precedingthe beginning of the activities authorized by this Agreement.

Southern Cross Lumber and Millwork

By: ____^_____________________Daniel A. Crown, Vice President

Date: ______________________________

[J.S. Environmental Protection Agency

By: _______________________

Title: __________________________

Date:

0339b/U2

May 9, 1990

Mr. Harry Shapiro, Jr.Harry Shapiro Jr. Realty and Investment Co.6514 Clayton RoadSt. Louis, Missouri 63117

Dear Mr. Shapiro:

The Environmental Protection Agency would like to survey andconduct follow-up sampling at the Arkansas Best Freight terminal,8630 Hall Street, St. Louis, Missouri, in June and July 1990.The activity will probably take from six to ten weeks tocomplete. Enclosed for your signature is an Access Agreement forthis activity.

Your prompt response concerning this request would beappreciated. If you have any questions, please call me orBob Wiggans at 913/236-3881.

Sincerely,

Paul Doherty, ChiefSite Investigation SectionEmergency Planning and Response BranchEnvironmental Services Division

Enclosure

cc: Les Blalock, Arkansas Best Freight

ABF FREIGHT SYSTEM, INC.CO. Box 4Hroar SMITH. Air/iwou(501) 7856000

JERRYYARBHOUGMSenior Vice President

Operation*

May 31, 1990

Mr. Bob WJggansUSEPA Region 725 Funston RoadKansas City, KS 66115

Dear Mr. Wiggans :

Thank you for discussing with me on May 24, 1990, the letter from EI'A datedMay 9, 1990, which advised ABF Freight System, Inc. ("ABF") of EPA's plans tosurvey ABF's terminal at 8630 Hall Street, St. Louis for dioxiu. Also, thankyon for the Quality Assurance Plan ("Plan") dated May 1, 1990, which Ireceived today.

In our May 24 conversation we discussed the history of the site, whichbriefly is this:

In February, 1983, EPA tested the site and all soil samples provednegative for dioxin.

An EPA printout dated January 31, 1984, of 13 sample results for thesite shows 12 dioxin concentrations of less than 1 ppb and one equal to1 ppb.

An EPA printout dated September 7, 1984, shows 28 results for the site,25 of which are 1 ppb or less, one witli 1.08 ppb, one with 1.90 ppb, andone with 5.80 ppb.

We received a letter dated October 11, 1984, from the U.S. Department ofHealth and Human Services with a Health Advisory attached. The HealthAdvisory says, "... it is our assessment that there is no need tocurtail or modify operations at this site." However, it warns, "Siteactivities that require disturbance of the contaminated subsurface soillayer should be undertaken with caution." ABF has complied with theletter.

You confirmed my understanding that 5.80 ppb is below the level whichrequires any action.

There are several points in the Plan which I want to address.

Plan I.E. mentions the deptli of asphalt paving at the terminal. Our recordsshow that the existing stone yard (of unknown depth) was paved with twoincites of asphalt in April, 1985.

Mr. Bob WiggansPage 2May 31, 1990

Plan I.C. states that dioxin up to 5 . 8 ppb was found at the terminal. Thatstatement is accurate but would be more meaningful if placed in context ofthe site's history outlined above. In dozens of tests over several years,only a single sample even reached as much as 25 percent of the action level.

Plan I.D. confirms that the current action level for our site is 20 ppb.

Plan III. A. reveals that there w i l l bo 1,312 auger samples taken. PlanIII.C. says that ABF employees will be restricted from the immediate areas ofsampling activity. How big is the "immediate area"? Plan IV. C. estimatesthat our normal business operation wil l be impaired for seven to 12 weeks.Such an economic hardship on the company, with a cost to someone that will nodoubt be staggering, to hunt for something which the EI'A's own records showis not there, seems wasteful and of no actual health benefit.

Plan IV. G. states that a Site Safety Plan was included, but it was left out.Please send it, as it Js important Lo understanding the cost/risk/benefitrelationship, and our employees wil l be very interasXad. in. i*i. .

Based on the above information, which includes EPA data, ABF's Hall Streetsite is not a problem.

You said in our telephone conversation that the reason for the survey istwofold: to update your health risk assessment, and to calculate the volumeof contaminated soil so that a dioxin incinerator can be designed. Yet oursite by all measures is not a health risk and does not require cleanup. Icannot see who will benefit from the Plan.

Yours truly,

rry Yarbrough

qwe/a

August 2, 1990

Mr. Jerry YarbroughABF Freight Systems, Inc.P.O. Box 48Fort Smith, Arkansas 72902

Dear Mr. Yarbrough:

This is in response to your letter of May 31, 1990,regarding our request to perform follow-up sampling at the ABFterminal, 8630 Hall Street, St. Louis, Missouri.

We agree that sampling performed to date at the ABF terminalhas detected only low level contamination. However, previoussampling was only intended as a "screening" stage - to determinethe presence or absence of dioxin and to prioritize the site formore intensive investigation. Due to the nature of exposure,i.e.industrial/commercial, and the apparent low concentrationlevels, the ABF terminal was^assigned a low priority forfollow-up investigation.

A final decision regarding the need for cleanup must be madefor all positive dioxin sites. This decision requires detailedinformation regarding the extent of contamination and the type ofexposures present. Since the initial sampling at ABF in 1983-1984, the EPA has concentrated on stabilizing the most seriousthreats and has only recently been able to schedule follow-upinvestigations for those sites like ABF. Previous screeningsampling at ABF was not intended to, nor can it be considered as,fully characterizing the extent of contamination. In fact,intensive followup sampling at other sites has shownsignificantly higher concentrations than previously suspectedfrom limited preliminary sampling efforts.

In the last two months this office has completed samplinginvestigations at seven sites with minimal disruption to ongoingbusiness activities. Previous experience suggests that thesampling proposed at ABF can be performed quickly andexpiditiously in 5 to 10 days utilizing a double crew. The workwill be scheduled to the extent practical around ongoing busness.

ABF FREIGHT SYSTEM, INC.P.O. Box 48FORT SMITH, AR 72902(501)7856000

JERRY VARBROUQHSenior Vie* President

Operation*

September 18, 1990

Mr. Paul E. DoliertyUSEPA25 Funston RoadKansas City, KS 66115

Dear Mr. Doherty:

Your letter of August 8, 1990, impugns EPA's own earlier test results. Yousay the low concentration levels were just "apparent". You talk about theintent of the earlier sampling as if results were caused by your intentionrather than being facts. You expect to find "signif icajxfcbj W^rgtaa.concentration.^" vj. *-Jiai -pi-uposeci tests, and those expectations have been metat other sites. Excuse me if this sounds naive, but I believe facts shouldspeak for themselves, and should not be altered by a new test method which isdesigned to yield predetermined results.

EPA's May 1, 1990, Quality Assurance Plan failed to include a Site SafetyPlan. I requested the Site Safety Plan in my letter of May 31, 1990, becauseit seems essential to understanding the cost/risk/benefit relationship ofyour proposed sampling. May I have a copy? Or is there some other documentwhich analyzes the safety/risk and cost/benefit aspects of your proposal?

The public was hysterical about dioxin for a while, but now even juries areagreeing that the scientific evidence is against its having adverse long-termhealth effects on humans. The Wall Street Journal (August 31, 1990, frontpage) brought the facts into public view.

"Researchers said animal-cancer tests in which rodents are fed massivedoses of chemicals may be useless for calculating the cancer risks inhumans because the dosage itself may lie causing the disease. The twogroups of scientists said that they questioned the value ofgovernment-supported cancer tests on rats."

The significance of the above quote is twofold: political and scientific.The political one is the more important, the fact that the article was on thefront page of such a respected and widely-read newspaper.

For scientific significance refer to the article by Bruce N. Ames andLois Swirsky Gold, Science Vol. 249, 970 (1990) which introduces the subjectwith the following statement.

"A clarification of the mechanism of carcinogenesis is developing at arapid rate. This new understanding undermines many assumptions ofcurrent regulatory policy toward rodent carcinogens and necessitatesrethinking the utility and meaning of routine animal cancer tests."(Emphasis added).

pn) A ':ill"'ll'IAHY f-if .Mtr'AH'--«'; HI ''I • '' "•'' •'• ' " "

Mr. Paul E. DohertyPage 2September 18, 1990

It is worth pointing out that even without acknowledging the new evidence oncarcinogenesis , ABF's site is below EPA's danger threshold according to EPA'sthree previous tests.

If new scientific evidence indicated that dioxin might be worse thanpreviously believed, I could better understand your desire for anothermassive test. However, new evidence suggests that burning dioxln-contaminated dirt may be pointless, even if it were feasible. Surely the EPAhas more urgent needs on which to spend money than this proposed hunt fordioxin .

I hope that you will reevnlnnte your proposed plan upon its merits in lightof new developments.

Yours truly,

Yarorough

qtu/a