UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION III

1650 Arch StreetPhiladelphia, Pennsylvania 19103-2029

CERTIFIED MAILRETURN RECEIPT REQUESTED OCT 2 8 2004

Exxon Mobil Corporationc/o John McGahren __,.„ „Latham &Watkins,LLC SDMSD°C'D 2°1395°One Newark Center16th FloorNewark, NJ 07101

Re: Big John's Salvage SiteHoult Road FacilityMarion County, West Virginia

Dear Mr. McGahren:

The United States Environmental Protection Agency ("EPA") is seeking informationconcerning a release, or the threat of release, of hazardous substances, pollutants or contaminantsinto the environment at the above referenced facility which is situated on Hoult Road inFairmont, Marion County, West Virginia, or the surrounding area (hereinafter referred to as the"Hoult Road property" or the "site").

Pursuant to the authority of Section 104(e) of the Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C.Section 9604(e), EPA has the authority to require ExxonMobil (hereinafter "you" or "Exxon") tofurnish all information and documents in your possession, custody or control, or in thepossession, custody or control of any of your employees or agents, which concern, refer, or relateto hazardous substances as defined by Section 101(14) of CERCLA, 42 U.S.C. Section 9601(14),and pollutants and/or contaminants as defined by Section 101(33), 42 U.S.C. Section 9601(33),which were transported to, stored, treated, or disposed of at the above-referenced Site.

Section 104 of CERCLA authorizes EPA to pursue penalties for failure to comply withthat section or for failure to respond adequately to required submissions of information. Inaddition, providing false, fictitious, or fraudulent statements or representations may subject youto criminal penalties under 18 U.S.C. Section 1001. The information you provide may be usedby EPA in administrative, civil, or criminal proceedings.

AR600298

Instructions for responding to this required submission of information are providedbelow.

INSTRUCTIONS

1. You are entitled to assert a claim of business confidentiality covering any part orall of the information you submit. If you desire to assert a claim of businessconfidentiality, please see Enclosure 1, Business Confidentiality Claims/Disclosure To EPA Contractors & Grantees Of Your Response. You must clearlymark such information by either stamping or using any other form of notice thatsuch information is trade secret, proprietary, or company confidential. To bestensure that your intent is clear, we recommend that you mark as confidential eachpage containing such claimed information.

2. Please provide a separate, detailed narrative response to each question, and toeach subpart of a question, set forth in this Information Request. If you fail toprovide a detailed response, EPA may deem your response to be insufficient andthus a failure to comply with this Information Request, which may subject you topenalties.

•

3. Precede each response with the number of the question or subpart of the questionto which it corresponds. For each document or group of documents produced inresponse to this Information Request, indicate by the number of the specificquestion(s) or subpart of the question(s) to which it responds.

4. Should you find at any time after submission of your response that any portion ofthe submitted information is false, misrepresents the truth or is incomplete, youmust notify EPA of this fact and provide EPA with a corrected written response.

5. Any terms that are used in this Information Request and/or its Enclosures, that aredefined in CERCLA shall have the meaning set forth in CERCLA. Definitions ofseveral such terms are set forth in Enclosure 2, Definitions, for your convenience.Also, several additional terms not defined in CERCLA are defined in Enclosure 2.Those terms shall have the meaning set forth in Enclosure 2 any time such termsare used in this Information Request and/or its Enclosures.

INFORMATION REQUESTED

AR600299

EPA has included August 4, 1934 correspondence from Reilly Tar and ChemicalCorporation ("Reilly"), to Domestic Coke Corporation ("Domestic") as an attachment to thisInformation Request. In the first paragraph of this letter, Reilly admits to "... distilling your(Domestic's) wash oil." In your response, please specifically include a discussion of this "washoil" under each separate paragraph listed below.

1. Please provide a description of all items sold by Domestic Coke Corporation to ReillyTar & Chemical Corporation both formerly located in Fairmont, West Virginia between 1920and 1973. In your response please list the sales by year describing the item by trade name, and/orcommon names, the quantity of the item and the sale price. You are to include copies of allinvoices and or other documents which can verify the sales as well as a commutative summary ofsales if it is available for any and all years which are requested.

2. Please provide a description of all items other than sales which were delivered orotherwise conveyed to Reilly Tar and Chemical between 1920 and 1973. In your response pleaselist the items by year conveyed, describing the item trade name(s), common name(s), and thequantity of the item. You are to include copies of all invoices and or other documents which canverify the delivery/conveyance of the items as well as a cumulative summary of the items if it isavailable for any and all years which are requested. For those items delivered to the Reilly Tarand Chemical by Domestic Coke, were similar items sold to other entities. If so, please providespecifics as to the quantities and price.

3. Please provide a list and a description of all items that Domestic Coke purchased fromReilly Tar and Chemical between 1920 and 1973. In your response please list the purchases byyear describing each item by trade name(s), common name(s), the quantity of the item and thepurchase price. You are to include copies of all invoices and or other documents which canverify the purchase as well as a cumulative summary of purchases if it is available for any and allyears which are requested.

4. Please provide a description of all items other than purchases which were delivered orotherwise conveyed from Reilly Tar and Chemical to Domestic Coke between 1920 and 1973. Inyour response please list the items by year describing the item by trade name(s), commonname(s) and the quantity of the item. You are to include copies of all invoices and or otherdocuments which can verify the delivery/conveyance of the items as well as a cumulativesummary of the items, if it is available, for any and all years which are requested.For those items delivered from the Reilly Tar and Chemical to Domestic Coke, were similaritems purchased from other entities. If so, please provide specifics as to the quantities and price.

5. For questions 1 - 4 were any of the individual(s) who authorized the delivery of itemsto Reilly Tar and Chemical also the same individual(s) who authorized the delivery of items fromReilly Tar and Chemical? If so, please provide the name of those persons, the title held at thattime and the dates of these events.

AR600300

6. Please describe all financial dealings between Reilly Tar and Chemical and DomesticCoke between 1920 and 1973. This is to include any and all of the following if known:

Sales, terms of sale, purchases, terms of purchase, mortgages, loans, collateral exchanges,secured or unsecured notes, any other form of investment or financial dealings with eitherof these two companies, and any other data compilations from which information can beobtained or translated.

7. Please provide a copy of any and all internal correspondence regarding your DomesticCoke's dealings with the Reilly Tar and Chemical.

8. With regard to the aforementioned 1934 correspondence from Reilly Tar andChemical to Domestic, the last paragraph mentions locomotive and crane service provided byDomestic Coke to Reilly Tar. Describe this service in detail, describing the services themselves,the frequency of such arrangements, the terms of payment, the amounts of compensation, theduration of such arrangements, and any Other information in your possession that relates tolocomotive and or crane service between Domestic Coke and Reilly Tar and Chemical.

You are entitled to assert a claim of business confidentiality covering any part or all of thesubmitted information, in the manner described in 40 C.F.R. Section 2.203(b). Informationsubject to a claim of business confidentiality .will be made available to the public only inaccordance with the procedures set forth in 40 C.F.R. Part 2, Subpart B. If a claim of businessconfidentiality is not asserted when the information is submitted to EPA, EPA may make thisinformation available to the public without further notice to you.

You must respond in writing to this required submission of information within 15calendar days of your receipt of this letter. For a corporation, the response must be signed by anappropriately authorized corporate official. For other entities, the response must be signed by anauthorized official of that entity. If, for any reason, you do not provide all informationresponsive to this letter, in your answer to EPA you must: (1) describe specifically what was notprovided, (2) supply to EPA a clear identification of the document(s) not provided, and (3)provide to EPA an appropriate reason why the document(s) was not provided.

All documents and information should be sent to:

Harry Steinmetz (3HS11)U.S. Environmental Protection Agency, Region III1650 Arch StreetPhiladelphia, PA 19103-2029

This required submission of information is not subject to the approval requirements of thePaperwork Reduction Act of 1980,44 U.S.C. Section 3501, et seq.

AR600301

• If you have any questions concerning this request for information please contact HarrySteinmetz at (215) 814-3161. Legal questions can be referred Bonnie Pugh Winkler, Esquire, at(215) 814-2680. Technical questions can be referred to Christian Matta at (215) 814-2317.

Sincerely,

Joan Armstrong (JChief, PRP Investigation andSite Information Section

cc: Christian Matta (3HS23)Bonnie Pugh Winkler (3RC44)LeoMullin(3HS12)Harry R. Steinmetz (3HS11)Tom Bass (WVDEP)

Enclosures: Enclosure 1: Information Requirement EnclosureEnclosure 2: DefinitionsEnclosure 3: List of Contractors That May Review Your ResponseEnclosure 4: August 4, 1934 correspondence

AR600302

Enclosure 1

Business Confidentiality Claims

You may be entitled to assert a claim of business confidentiality covering any part or all of thesubmitted information, in the manner described in 40 C.F.R. Section 2.203(b). Informationsubject to a claim of business confidentiality will be made available to the public only inaccordance with the procedures set forth in 40 C.F.R. Part 2, Subpart B. If a claim of businessconfidentiality is not asserted when the information is submitted to EPA, EPA may make thisinformation available to the public without further notice to you. You must clearly mark suchclaimed information by either stamping or using any other such form of notice that suchinformation is a trade secret, proprietary, or company confidential. To best ensure that yourintent is clear, we recommend that you mark as confidential each page containing such claimedinformation.

Disclosure Of Your Response to EPA Contractors and Grantees

EPA may contract with one or more independent contracting firms (See Enclosure 3) to reviewthe documentation, including documents which you claim are confidential business information("CBI"), which you submit in response to this information request, depending on availableagency resources. Additionally, EPA may provide access to this information to (an) individual(s)working under (a) cooperative agreement(s) under the Senior Environmental EmploymentProgram (SEE Enrollees). The SEE program was authorized by the Environmental ProgramsAssistance Act of 1984 (Pub. L. 98-313). The contractor(s) and/or SEE Enrollee(s) will be filing,organizing, analyzing and/or summarizing the information for EPA personnel. The contractorshave signed a contract with EPA that contains a confidentiality clause with respect to CBI thatthey handle for EPA. The SEE Enrollee(s) is working under a cooperative agreement thatcontains a provision concerning the treatment and safeguarding of CBI. The individual SEEenrollee has also signed a confidentiality agreement regarding treatment of CBI. Pursuant toCERCLA, 42 U.S.C. Section 9604(e)(7) and EPA's regulations at 40 C.F.R. Section 2.310(h),EPA may share such CBI with EPA's authorized representatives which include contractors andcooperators under the Environmental Programs Assistance Act of 1984. (See 58 Fed. Reg. 7187(1993)). If you have any objection to disclosure by EPA of documents which you claim are CBIto any or all of the entities listed in Enclosure 3, you must notify EPA in writing at the time yousubmit such documents.

AR600303

Enclosure 2

Definitions

1. The term "arrangement" shall mean every separate contract or other agreement orunderstanding between two or more persons, whether written or oral.

2. The term "documents" shall mean writings, photographs, sound or magnetic records,drawings, or other similar things by which information has been preserved and alsoincludes information preserved in a form which must be translated or deciphered bymachine in order to be intelligible to humans. Examples of documents include, but arenot limited to, electronic mail and other forms of computer communication, drafts,correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes,contracts, reports, studies, checks, statements, receipts, summaries, pamphlets, books,invoices, checks, bills of lading, weight receipts, toll receipts, offers, contracts,agreements, deeds, leases, manifests, licenses, permits, bids, proposals, policies ofinsurance, logs, interoffice and intra-office communications, notations of anyconversations (including, without limitation, telephone calls, meetings, and othercommunications such as e-mail), bulletins, printed matter, computer printouts, invoices,worksheets, graphic or oral records of representations of any kind (including, withoutlimitation, charts, graphs, microfiche, microfilm, videotapes, recordings and motionpictures), electronic, mechanical, magnetic or electric records or representations of anykind (including, without limitation, tapes, cassettes, discs, recordings and computermemories), minutes of meetings, memoranda, notes, calendar or daily entries, agendas,notices, announcements, maps, manuals, brochures, reports of scientific study orinvestigation, schedules, price lists, data, sample analyses, and laboratory reports.

3. The term "hazardous substance" means (a) any substance designated pursuant to section1321(b)(2)(A) of Title 33 [of the U.S. Code], (b) any element, compound, mixture,solution, or substance designated pursuant to section 9602 of [CERCLA], (c) anyhazardous waste having the characteristics identified under or listed pursuant to section3001 of the Solid Waste Disposal Act (42 U.S.C. Section 6921) (but not including anywaste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. Section6901 et seq.) has been suspended by Act of Congress), (d) any toxic pollutant listed undersection 1317(a) of Title 33, (e) any hazardous air pollutant listed under section 112 of theClean Air Act (42 U.S.C. Section 7412), and (f) any imminently hazardous chemicalsubstance or mixture with respect to which the Administrator has taken action pursuant tosection 2606 of Title 15 [of the U.S. Code]. The term does not include petroleum,including crude oil or any fraction thereof which is not otherwise specifically listed ordesignated as a hazardous substance under subparagraphs (a) through (f) of thisparagraph, and the term does not include natural gas, natural gas liquids, liquefied naturalgas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

4. The term "pollutant or contaminant" shall include, but not be limited to, any element,substance, compound, or mixture, including disease-causing agents, which after release

AR600304

into the environment and upon exposure, ingestion, inhalation, or assimilation into anyorganism, either directly from the environment or indirectly by ingestion through foodchains, will or may reasonably be anticipated to cause death, disease, behavioralabnormalities, cancer, genetic mutation, physiological malfunctions (includingmalfunctions in reproduction) or physical deformations in. such organisms or theiroffspring, except that the term "pollutant or contaminant" shall not include petroleum,including crude oil or any fraction thereof which is not otherwise specifically listed ordesignated as a hazardous substance under CERCLA, and shall not include natural gas,liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas andsuch synthetic gas).

5. The term "release" means any spilling, leaking, pumping, pouring, emitting, emptying,discharging, injecting, escaping, leaching, dumping, or disposing into the environment(including the abandonment or discarding of barrels^ containers, and other closedreceptacles containing any hazardous substance or pollutant or contaminant), but excludes(a) any release which results in exposure to persons solely within a workplace, withrespect to a claim which such persons may assert against the employer of such persons,(b) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, orpipeline pumping station engine, (c) release of source, byproduct, or special nuclearmaterial from a nuclear incident, as those terms are defined in the Atomic Energy Act of1954 (42 U.S.C. Section 2011 et seq.), if such release is subject to requirements withrespect to financial protection established by the Nuclear Regulatory Commission undersection 170 of such Act (42 U.S.C. Section 2210), or, for the purposes of section 9604 of[CERCLA] or any other response action, any release of source byproduct, or specialnuclear material from any processing site designated under sections 7912(a)(l) or 7942(a)of [CERCLA], and (d) the normal application of fertilizer.

6. The term "waste" or "wastes" shall mean and include any discarded materials including,but not limited to, trash, garbage, refuse, by-products, solid waste, hazardous waste,hazardous substances, pollutants or contaminants, and discarded or spilled chemicals,whether solid, liquid, or sludge.

7. The term "you" when referring to an incorporated entity shall mean and include theincorporated entity and its agents and representatives, including, but not limited to,persons directly authorized to transact business on the entity's behalf such as officers,directors, or partners with which the entity is affiliated, employees, accountants,engineers, or other persons who conduct business on the entity's behalf, as well asaffiliated entities, including, but not limited to, partnerships, limited liability companies,divisions, subsidiaries, holding companies.

AR600305

Enclosure 3 [rev. 04/2004]

List of Contractors That May Review Your Response

Chenega Technical ProductsContract # EP-S3-04-01

Tetra Tech EM, Inc. -Contract #68-83-0002Subcontractor to Tetra Tech EM, Inc. is:

Eagle Instruments, Inc.

Ecology and Environment, Inc. -Contract #68-83-0001Subcontractor to Ecology and Environment,Inc. is:S & S Engineers, Inc.

IT Corporation - Contract #68-83-00-06Subcontracts to IT Corporation are:

Weavertown Environmental GroupEnvironmental Restoration Company

Earth Tech, Inc. -Contract #68-83-00-07Subcontractors to Earth Tech, Inc. are:

Industrial Marine Services, Inc.Cline OilHertz Equipment Rental

Tetra Tech NUS Inc. -Contract #68-86-3003Subcontractors to Tetra Tech NUS Inc. are:Gannett Fleming, Inc.Dynamic CorporationC. C. Johnson & Malhotra, P.C.

CDM-Federal Programs Corporation -Contract #68-87-3003Subcontractors to CDM-Federal ProgramsCorporation are:

Tetra Tech EM, Inc.Robert Kimball & AssociatesPMA & AssociatesHome EngineeringPacific Environmental Services

Black and Veatch Waste Science andTechnology Corporation/Terra Tech, Inc. -Contract #68-87-3002Subcontractor:Enviro Consultants Group

Tech Law, Inc. -Contract #68-W-00-108

WRS Infrastructure & Environment, Inc.Contract # 68-83-03-02

Kemron Environmental ServicesContract # 68-83-03-05

Industrial Marine Services, Inc.Contract # 68-83-03-03

Guardian Environmental Services, Inc.68-S3-03-04

List of Inter-Agency AgreementsGeneral Services AdministrationCERCLA File RoomContractor: Booz-Allen & Hamilton

General Services AdministrationSpectron Superfund SiteContractor: Booz-Allen & Hamilton

General Services AdministrationBreslube Penn Superfund SiteContractor: Booz-Allen & Hamilton

List of Cooperative Agreements

National Association of Hispanic Elderly -#CQ-822511

AARP Foundation (Senior EnvironmentalEmployment) -#824021#823952

AR600306

REILLY TAR & CHEMICAL CORPORATION

C A B L E A D D R E S SRETAR. NEW YORK

F A I R M O N TWEST VIRGINIA

Mr. 0. C. Qericke, V.P.,Domestic Coke Corporation,Fairmont, W. Va.

August 4, 1934,

Dear Mr. Gericke:

Please refer to your letter of the 3rd relative tothe slight increase we initiated in the charge of distilling yourwash oil.

This was done, not to realize arty profit, but tomake the price be more commensurate with our actual cdst. In orderto familiarize you with wha,t is necessary to distill, say 24/750 gal-lons such as was last done, we had to put two stills in this service^.Because of the extreme volatility of your material, distillation mustbe carried on at a very slow rate, thus increasing the cycle of dis-tillation, causing considerable lost time. After distillation is com-pleted, stills must be shut down, allowed to cool, thoroughly air an£,then cleaned out by hand before they can be used for any other pur- 'pose. All in all, this operation of distilling 24,750 gallons tiedup two stills for seven days. When you consider this lost time, thecost of charging stills, cost of coal and labor for distilling, clean-Ing, deterioration caused by coking, rental on two tank cars tied up

7 in this service and the fire hazard connected with the handling ofthis material, certainly you can appreciate the charge of one centper gallon is quite reasonable.

We have had several fires in the past caused by thebusSdling of this material and the last one cost us over $50.00 forcleaning and repairing our equipment. Our stills are in such shapethat the distillation of your product is an extremely hazardous un-dertaking.

Don't you think that the 15/6 carrying charge you in-voice us with above your actual cost of locomotive and crane servicewill more than compensate you for any increased cost in repair parts?For the past two years, the majority of the service rendered was lo-comotive, the crane service being practically nil.

Very truly yours,

REILLY TAR £ CHEMICAL CORPORATION

Mgr,

GJK:k

AR600307

U.S. Postal ServiceCERTIFIED MAIL RECEIPT(Domestic Mail Only; No Msursncp Coverage Provided)

Postage

Certified Fee

Return Receipt Fee(Endorsement Required)

Restricted Delivery Fee(Endorsement Required)

Total Postage & Fees $

''•. '-tfere' • -

Recipient's Name (Please Print Clearly) (To be completed by mailer)

a.-llalivApt. No.; orort^

City, Slate, ~zip+ ~4 , , .Ml ol 1 01

PS Form 3800, February 2000 See Reverse for Instructions

AR600308

SENDER: COMPLETE THIS SECTION

Complete items 1, 2, and 3. Also completeitem 4 if Restricted Delivery is desired.Print your name and address on the reverseso that we can return the card to you.Attach this card to the back of the mailpiece,or on the front if space permits.

COMPLETE THIS SECTION ON DELIVERY

1. Article Addressed to:

60e.

D Agent0 Addressee

D. Is delivery address different from Item 1 ? HI YIf YES, enter delivery address below: n No

3.Decertified Mall O Express MallD Registered D Return Receipt for MerchandiseD Insured Mail D C.O.D.

4. Restricted Delivery? (D*a PeeJ DVes

2. Article Number(Transfer from service label) aitf

PS Form 3811, August 2001 Domestic Return Receipt I02595-02-M-154CAR600309

UNITED STATES POSTAL SERVICE First-Class MailPostage & Fees PaidUSPSPermit No. G-10

• Sender: Please print your name, address, and ZIP+4 in this box •

Harry Steinmetz (3HS11)U. S. Environmental Protection AgencyPRP Investigation & Site Info Section

jGlHAi 1650 Arch Street(Red) Philadelphia, PA 19103

liiliim.iiilliiiiiliiiilil ilUllimUilllhlllllHlf illAR600310