Mcintyre LAW FIRM, PLLC

MCINTYRE LAW FIRM, PLLC ATTORNEYS AND COUNSELORS AT LAW SUITE 1101 MADISON OFFICE BUILDING 1155 15TH STREET, NORTHWEST WASHINGTON, D.C. 20005 Telephone 202-659-3900 FAX 202-659-5763

May 11, 2004

Ms. Lynn Wilder Environmental Health Scientist Agency for Toxic Substances and Disease Registry 1600 Clifton Road, E-31 Atlanta, GA 30333

Dear Ms. Wilder:

The Polyurethane Foam Association1 wishes to express serious concerns about the sufficiency of and the scientific approach taken in the protocol to monitor and identify toluene diisocyanate (TDI) that might be emitted by flexible polyurethane foam plants in North Carolina. Some of our North Carolina members have verbally expressed their concerns about the deficiencies in the project to members of the Agency for Toxic Substances and Disease Registry (ATSDR) team and representatives from the Division of Public Health of the North Carolina Department of Health and Human Services, which is serving as a contractor to ATSDR for this study. Specifically, we are requesting that the community interviews and collection of blood samples in the Greensboro area be halted or delayed until TDI air concentrations can be confirmed and the source of emissions positively identified in that area.

During testing at the Greensboro site, it is our understanding that while some reactions occurred on the paper tape testing devices, the ATSDR has not taken steps to determine specifically whether those “hits” were TDI or some other chemical. It is also our understanding that the meteorological monitoring station at the Greensboro site was not operating and that the ATSDR is relying upon wind direction reported at the Piedmont Triad Airport, which is at least 18 miles from the testing site.

1 The Polyurethane Foam Association is a trade association made up of flexible polyurethane foam manufacturers and their chemical and equipment suppliers. Ms. Lynn Wilder May 11, 2004 Page 2

We understand that the protocol for this project called for identifying whether any reactions on the paper tape testing devices are actually TDI. To have a reliable test, it is important that confirmation of the presence of TDI and source identification must occur. With respect to identifying that TDI was detected, it is our understanding that ATSDR would use the Omega Iso-Chek detection instrument to confirm findings recorded on paper tape used with Zellweger Analytics Single-Point Monitors (SPM). For reliable results, the Zellweger devices must be manned 24 hours a day or fitted with an alarm device to identify readings above 5 ppb and to cause immediate collection of Iso-Chek air samples. It is well known in the scientific community and stated emphatically by Zellweger Analytics that paper tapes are subject to interference from common outdoor pollutants including chemicals found in gasoline and diesel engine exhaust. It has also been established that the tape media is sensitive to direct light, humidity, dirt, dust, and emissions from sanitary sewers and loses reliability with age. Color shifts are more likely to occur the longer the tape remains in the testing instrument. Allowing exposed tape to remain in SPM instruments for up to five days may negate any possible scientific conclusions as to what type of emissions are detected and their concentrations in the area.

We also strongly believe that conducting community health interviews and/or recruiting individuals for possible blood sampling without the benefit of scientifically reliable evidence of TDI in the air or a confirmed emissions source can cause unnecessary alarm among residents and damage to any business that might be associated with the alleged emissions.

To reduce the chance for erroneous and damaging misidentification of a possible emission source, any detections above 5 ppb must be correlated to favorable wind conditions and to foam production times. For comparative purposes, identical air- monitoring procedures must be conducted in a controlled location. We strongly believe that unconfirmed emission sources, i.e., company names, should not be publicized or identified in letters or any other communications with the public originating from ATSDR or the North Carolina Division of Public Health. To do so would likely cause irreparable damage to the businesses.

We are requesting that community interviews and collection of blood samples in the Greensboro area be halted or delayed until TDI air concentrations can be confirmed and the source of emissions positively identified. We are requesting that ATSDR and the North Carolina Division of Public Health repeat Phase One air monitoring at the Greensboro facility under scientifically reliable conditions including the appropriate location of a meteorological station to record wind direction and the use of Omega Iso- Chek detection instruments to confirm any findings of TDI recorded on paper tapes used with Zellweger Analytics Single-Point Monitors. If the ATSDR has insufficient funding Ms. Lynn Wilder May 11, 2004 Page 3

to provide the Iso-Chek monitors, we would be pleased to supply the equipment and to provide monitoring personnel.

I look forward to hearing your response to our request by May 19, 2004.

Sincerely,

` James T. McIntyre Counsel to Polyurethane Foam Association

JTM:tm cc: Henry Falk, ATSDR Juan Reyes, ATSDR David Williamson, ATSDR Ronnie Wilson, ATSDR Dr. Leah Devlin, N.C. Division of Public Health Dr. Ricky Langley, N.C. Division of Public Health