1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:03PM

03:03PM

03:03PM

03:03PM

03:03PM

03:03PM

03:03PM

03:03PM

03:03PM

03:03PM

03:03PM

03:04PM

03:04PM

03:04PM

03:04PM

03:04PM

03:04PM

03:04PM

03:04PM

03:04PM

03:04PM

03:04PM

TERRY HOFFMAN - COURT REPORTER

1

June 27, 2013 3:00 p.m.

PROCEEDINGS

MS. CAROL KEMKER: Good afternoon. Welcome.

My name is Carol Kemker. I am the acting director of

the Air, Pesticides & Toxics Management Division of

the U. S. Environmental Protection Agency, Region 4

EPA, in Atlanta. I am the presiding officer for

today's public hearing. I would like to begin by

thanking the West Florida Public Library by opening

their beautiful LEED-certified facility for our

hearing today. A special thanks to Mike Lane for

helping us to make the arrangements. It makes a real

difference to have such a great facility and great

help in arranging these proceedings.

It is currently 3:01 on June 27, 2013, and

the public hearing is now in session. You will have

the opportunity to make comments soon once I explain

the hearing procedures and we provide a brief overview

of the proposed permit action. We realize that air

quality permitting is a complex issue, so

informational materials are available on the table in

the back of the room.

I would like to introduce a few of the staff

from EPA Region 4 who are here today.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:04PM

03:04PM

03:04PM

03:05PM

03:05PM

03:05PM

03:05PM

03:05PM

03:05PM

03:05PM

03:05PM

03:05PM

03:05PM

03:05PM

03:05PM

03:06PM

03:06PM

03:06PM

03:06PM

03:06PM

03:06PM

03:06PM

03:06PM

03:06PM

03:06PM

TERRY HOFFMAN - COURT REPORTER

2

Ms. Kelly Fortin is an environmental engineer

and coordinator of our Outer Continental Shelf

Air Permits team. Ms. Eva Land is an environmental

engineer from our Air Permits Section and on our Outer

Continental Shelf team. We also have Rosa Yarbrough.

She is an EPA contractor assisting us with logistics

and registration. Ms. Yarbrough is sitting at the

table in the back of the room, the registration table.

The purpose of today's hearing is for the EPA

to receive your comments regarding the EPA's proposed

revision to the Air Quality Permit for BHP Billiton

exploratory drilling project in the central Gulf of

Mexico. You can find details about the proposed

permit and the project at the back of the table and

also on EPA's Web site, and we will provide a brief

overview of the proposed action in a few minutes.

Your comments today will go into the official

record. The EPA will consider all comments related to

the proposed action received on or before today when

making its final decision on this permit revision.

Since the purpose of this hearing is for the EPA to

listen to your comments, the EPA will not be providing

responses during the hearing, nor making a

determination today on the proposed permit revision.

Rather, the EPA will prepare a written summary of the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:06PM

03:06PM

03:06PM

03:06PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:07PM

03:08PM

03:08PM

03:08PM

03:08PM

03:08PM

03:08PM

03:08PM

TERRY HOFFMAN - COURT REPORTER

3

comments it receives and the EPA's responses. All

comments received and the response to comments will be

available as part of the administrative record at the

time the EPA issues the final determination on the

proposed revision.

Public notice of this action was given

June 24, 2013, by publication in local newspapers in

the Gulf region, by posting on EPA's Web site, and by

mail or e-mail to individuals on the EPA's mailing

list. A public hearing was requested by citizens in

the Pensacola area. As the presiding officer for

today's public hearing, I will make sure that all

members of the public here today have an equal

opportunity to submit oral and written comments on

this issue as part of the official administrative

record. A certified court reporter will be

transcribing a verbatim record during the hearing. If

you present oral comments at today's hearing, please

speak clearly and slowly so that the court reporter

can understand you and record your comments

accurately. So that all those who wish to comment

have the opportunity to do so and to assist the court

reporter in recording your comments accurately, please

note that shouting, noise making, or any disruptive

conduct which prevents speakers or hearing officials
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:08PM

03:08PM

03:08PM

03:08PM

03:08PM

03:08PM

03:08PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:09PM

03:10PM

03:10PM

03:10PM

TERRY HOFFMAN - COURT REPORTER

4

from being heard or any other disruptions of this

hearing are not permitted. Banners and posters will

be allowed to be placed in the rear of the room.

A registration table is located in the back

of the room. You do not need to register to attend

the hearing. However, if you would like to receive

notice of the availability of the EPA's final

determination and written response to the comments,

please write your name and e-mail or postal address on

the registration form. If you wish to provide oral

comments at today's hearing, I ask that you fill out a

speaker card located at the registration table.

Please write your name on the card legibly, and

preferably in large enough print so I don't have to

pull out a magnifying glass, since the court reporter

will be relying on your card for the correct spelling

and I will be relying on the card to call you up to

speak.

You may decide to speak and fill out a

speaker card at any time prior to 7:00 p.m. tonight.

Before stating your comment I will ask you to state

your name for the record. If you are representing an

organization you may provide that information as well.

Please note that the fact that you gave a comment

today as well as your name will appear as part of the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:10PM

03:10PM

03:10PM

03:10PM

03:10PM

03:10PM

03:10PM

03:10PM

03:10PM

03:10PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:11PM

03:12PM

TERRY HOFFMAN - COURT REPORTER

5

the official hearing transcript. A copy of that

transcript from today's hearing will be available for

inspection at the EPA Region 4 offices located in

Atlanta, Georgia, as well as on the EPA's Web site and

through www.regulations.gov. Contact information for

this action, including addresses, phone numbers, and

Web site is on the public notice and the fact sheet we

have provided.

If you do not wish to speak today you can

also submit written comments for the official record.

Written comments and oral comments pertaining to the

proposed revision will receive equal consideration by

the EPA in making the final permit determination. If

you would like to submit written comments while you

are here today, please provide your written comments

to the registrar, Rosa Yarbrough, at the registration

table. If you have submitted written comments, it is

not necessary for you to give oral comments as well.

If submitted by U. S. Mail, written comments

must be postmarked on or before today, June 27, 2013.

Comments submitted by e-mail must be also submitted by

the end of today. The EPA's notice of final

determination on this permit revision and response to

comments will be sent to each person who has submitted

written comments or who has signed up at the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:12PM

03:13PM

03:13PM

03:13PM

03:13PM

03:13PM

03:13PM

03:13PM

03:13PM

03:13PM

03:13PM

03:13PM

03:13PM

TERRY HOFFMAN - COURT REPORTER

6

registration table to receive comments and provided a

valid e-mail or postal address. This information will

also be available on EPA's Web site and through

www.regulation.gov.

It is important for you to know that we are

here only to take comments on EPA's proposed revisions

to the permit previously issued for BHP Billiton's

project. I ask that you refrain from making comments

that are not related to this proposed action. We have

provided microphones for your convenience, and in an

attempt to ensure everyone has an opportunity to speak

this evening, I'd ask speakers to please keep your

oral comments to the allotted three minutes, as this

hearing session is scheduled to last until 7:00 p.m.

and it is our desire to hear from everyone who wishes

to comment on this action.

I will limit speakers' comments to three

minutes. We have a speaker timer on the table -- you

want to hold it up, Kelly? A green light will be lit

when you have one minute remaining, the yellow light

will be lit when you have 30 seconds remaining, and

the red light will be lit when there is no more time

remaining and a fairly noisy ringing sound will occur.

I will then ask you to end your oral comments and

invite you to submit a written comment if you wish to
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:13PM

03:13PM

03:13PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:14PM

03:15PM

03:15PM

03:15PM

03:15PM

03:15PM

03:15PM

03:15PM

TERRY HOFFMAN - COURT REPORTER

7

submit additional statements.

If we have additional time after everyone has

had an opportunity to comment, I will invite anyone

who wishes to make additional comments and has

registered to speak to do so. We will also limit the

second around of comments to three minutes per

speaker. The second round of comments will not extend

past 7:00 p.m. If new commenters register during the

second round, the new commenters will be given

priority to speak. I will be calling speakers in the

order in which they sign up to speak. Elected

officials, however, who have identified themselves as

such may speak first. If you are not in the room when

I announce your turn to speak, I will recall you after

all speakers have made their oral comments.

Now for a few logistical notes. The

restrooms can be located by going out the door by the

registration desk, down the hall, and take the first

left and the restrooms are on the left. Also, please

note there is a step up to the podium, both here and

here, and please use caution while approaching and

leaving the podium to avoid a trip or fall. Take your

time, we'll be here. Last but not least, please

silence your cell phones as to not interrupt the

proceedings.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:15PM

03:15PM

03:15PM

03:15PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:16PM

03:17PM

03:17PM

03:17PM

03:17PM

TERRY HOFFMAN - COURT REPORTER

8

Before we begin taking public comments, Kelly

Fortin of my staff will provide a brief overview of

EPA's proposed permitting action. This brief

presentation will then be followed by comments from

any elected officials present today and then from

persons on our registrar's list.

MS. KELLY FORTIN: Good afternoon. My name

is Kelly Fortin. I'm an environmental engineer in our

Air Permits Section and coordinator of our Outer

Continental Shelf permitting team at EPA Region 4 in

Atlanta, Georgia. Throughout my overview I will be

referring to the Outer Continental Shelf as the OCS,

and BHP Billiton, the applicant, as BHPB. Art

Hofmeister, whose name you may recognize as the

contact person for hearing requests and comments,

is one of the project engineers on our OCS team

responsible for working on this permit action. He is

in Alabama today on another, unrelated project. Art

is one member of the team that worked on this air

quality permit along with myself and several others.

Even though Art is not here today, I want you to know

that we approached these permits as a team, and your

comments on the proposed action will be considered.

Eva Land, who is also here today, is one of

our OCS project engineers. We also have other
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:17PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

TERRY HOFFMAN - COURT REPORTER

9

scientists, compliance experts, source testing and

monitoring experts, air quality modelers, legal

counsel all were involved in writing the air quality

permit for this and other OCS facilities.

I am now going to provide a brief overview of

the proposed air quality permitting action that we are

taking comments on today. A large amount of

information and data is considered when we issue or

revise an OCS air quality permit and the regulations

are fairly complex, so I will do my best to try to

distill this down to the relevant facts in the short

amount of time. Additional materials regarding this

action are available in the back of the room as well

as on our Web site and in the administrative record

for this action.

To start with, we have a fact sheet that

describes the action as well as copies of the actual

air quality permit and our preliminary determination

described in the action. The preliminary

determination is a rather quick read and is short.

However, the air quality permit is 47 pages and I'm

not sure that I have enough copies for everyone. So

hopefully, in the interest of saving trees, you can

share with a neighbor or pull it up on your tablet.

The Web address is on the fact sheet. I also brought
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:18PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

03:19PM

TERRY HOFFMAN - COURT REPORTER

10

two copies of our full analysis from the permit that

we issued last year. They're in the white binders,

and you can look at them during the hearing or during

the breaks. We are not taking comments on the

original permit issued last year, but I brought it so

you could see the extent of our analysis and in case

you want additional information.

BHPB plans to use one of the two deepwater

exploratory drilling vessels, the DD1 or the C.R.

Luigs, including supply boats, to conduct exploratory

drilling for up to two years in the DeSoto Canyon

OCS lease blocks of the central Gulf of Mexico,

approximately 120 miles southeast of the nearest

Louisiana shore, 130 miles southeast of the nearest

Mississippi shoreline, and more than 125 miles south

of the nearest Alabama and Florida shorelines. This

is beyond the area restricted by the Gulf of Mexico

Energy Security Act Moratoria that is in effect until

2022.

Air pollutant emissions generated from the

Sake Project, as it is known, include carbon monoxide,

nitrogen dioxide, particulate matter which includes

what we call PM10 that has a diameter equal to or

greater than 10 microns, and PM2.5 which has -- excuse

me -- equal to or less than 10 microns, and PM2.5
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:19PM

03:19PM

03:19PM

03:19PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:20PM

03:21PM

TERRY HOFFMAN - COURT REPORTER

11

which has a diameter of equal to or less than 2.5

microns, and sulfur dioxide. These are also known as

criteria pollutants. As well, they will limit other

regulated air pollutants, including oxides of

nitrogen, volatile organic compounds, and greenhouse

gas emissions. These emissions are primarily released

from the combustion of ultra low sulfur diesel fuel in

the drilling vessel's main diesel engines that are

used for electric power generation for the dynamic

positioning thrusters that hold the rig in place.

Diesel engines are also used to run cranes, a black

start compressor, cementing operations, wireline

units, and support vessels that will be operating

within 25 miles of the vessel.

This project is considered a temporary source

under the applicable Prevention of Significant

Deterioration regulations and is also subject to our

title V operating permit program. This permit does

not allow for the construction of any platforms or

permanent structures.

BHP's drilling plan has been approved by the

Department of the Interior's Bureau of Ocean Energy

Management or the BOEM. The BOEM is the lead agency

responsible for leasing and drilling approvals. It is

not part of EPA's authority to grant or deny such
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:21PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

TERRY HOFFMAN - COURT REPORTER

12

approval. The EPA Region 4 is responsible for

implementing and enforcing the Clean Air Act

requirements for OCS sources in the Gulf of Mexico

east of 87.5 degrees longitude. West of this

longitude, the BOEM has authority not only for leasing

the drilling and plan approvals, but also for the

implementation of the Clean Air Act.

Pursuant to Section 328 of the Clean Air Act

and the applicable Air Quality Regulations, an OCS

source is required to obtain an Air Quality Permit

before operating east of 87.5 degrees longitude. In

other words, we regulate -- we, EPA, regulate the

emissions from the drilling rig that has authority

from BOEM to drill on our side of the Gulf and to make

sure that they comply with the Clean Air Act,

including the National Ambient Air Quality Standards.

In May of 2012, after an opportunity for

notice and comment, we issued an air quality permit to

BHPB. The 47-page permit includes, among other

requirements, conditions requiring Best Available

Control Technology, or BACT, the use of ultra low

sulfur fuels, source testing, monitoring, and

recordkeeping. To obtain this permit, BHPB was

required to identify every emissions unit on the

drilling rig right down to painting and emergency
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:22PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

TERRY HOFFMAN - COURT REPORTER

13

standby generators, and to estimate the emissions of

regulated air pollutants from its equipment using

specific methodologies. They also have to perform

other analyses to ensure that they will not cause air

quality or visibility degradation to sensitive areas

such as the Breton Wildlife area.

It typically takes months for the applicant

to prepare such an application. My group then spends

months reviewing these documents to ensure that every

applicable Clean Air Act requirement has been

identified, such as the Federal New Source Performance

Standards for diesel engines, fuel tanks, applicable

air toxics facilities such as RICE MACT, permitting

requirements such as those under our Prevention of

Significant Deterioration or title V operating permit

program.

For those pollutants the project emits in

significant amounts, such as nitrogen dioxide or

particulate matter, and these are identified on the

fact sheet that you have, every unit or activity that

emits these pollutants must use Best Available Control

Technology. After identifying all the applicable

requirements and control technology requirements, we

convert those requirements into individual permit

limits and permit requirements complete with
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:23PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

03:24PM

TERRY HOFFMAN - COURT REPORTER

14

compliance measures, recordkeeping, monitoring and

reporting. Needless to say, it takes weeks and

sometimes months for us to prepare such a document.

On May 3, 2013, BHPB submitted to EPA an

application to update their emission estimates for

their operation and to revise the Best Available

Control Technology emission limits for the eight main

engines on the DD1 for three of the subject air

pollutants; particulate matter, VOC, and greenhouse

gases. BHPB requested these revisions because the

original permit limits for these pollutants were

established using estimated emission factors from

other engines, not on their facility. Source testing

is now available from the actual engines on the DD1

which more accurately reflect the emissions from these

engines on the drilling rig operated under the terms

and conditions that we set out in the permit including

the use of the control technology. Included in our

application to revise the BACT emission limits for the

specified engines, BHPB performed a revised BACT

analysis, a revised air quality analysis, and updated

its emission estimate for the regulated air

pollutants.

A company and EPA may rely upon estimated

emission factors when they are preparing an
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:25PM

03:26PM

03:26PM

03:26PM

03:26PM

TERRY HOFFMAN - COURT REPORTER

15

application. This is allowed because it's still to

come under our permit, they may not have the required

control technology yet installed, and in the case of

drilling rigs, they might think we're not required to

perform source tests when they were operating in other

parts of the world or in other parts of the Gulf

outside EPA's jurisdiction. The permit revision does

not constitute a modification of the facility nor

change in the proposed drilling operation nor change

in the applicable requirements. What this is, is a

revision to the permit to base some of the emission

estimates and limits on better data than we had when

the permit was written last year. It does not waive

any air quality requirements or standards. Quite the

opposite. All standards must still be met.

When a company needs to revise their

estimated emissions, we essentially have to go back

through the applicable requirements and make sure no

new ones are triggered, that the control technology is

still appropriate and the standards are still being

met. In general, the emissions limits for PM, VOC,

and greenhouse gases are higher than those in the

original permit, but primarily for low load

operations, But they are still below applicable

standards. The EPA has established new high and low
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:26PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

TERRY HOFFMAN - COURT REPORTER

16

load emission rates to ensure that when the engines

are operating at high loads, they will continue to be

required to be maintained and employ the best

combustion practices to achieve the lowest emission

rates.

For the PM limits we actually changed the

emission limits to something higher than what the

company proposed, not because their emissions would be

higher, but because we wanted them to report their

testing data in a different way, including what is

known as the condensable fraction of the emissions.

We believe that with this revised methodology we can

better ensure that we are able to determine compliance

and to accurately account for all emissions. Because

the revised limits are higher than those originally

proposed for the project, the applicant sent in a

revised modeling analysis which included analysis of

impact to the Breton National Wildlife Refuge, the

St. Marks National Wildlife Refuge, the Bradwell Bay

Wilderness Area. These Class I areas are areas

considered to have sensitive ecosystems. Based on

EPA's review of this modeling and input received from

the Federal Land Manager that is responsible for the

air quality in this area, and nearest estimate of the

Air Quality Related Values and visibility impact, we
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:27PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

TERRY HOFFMAN - COURT REPORTER

17

believe that the project applicants have continued to

demonstrate that the proposed project does not impact

any Class I area. This analysis is available in the

administrative record.

While these revisions are relatively minor in

the scope of the permit, certain changes to permit

such as those effective emission limits which EPA has

determined on a case-by-case basis require public

notice when modified, so we commenced a 30-day public

notice process on May 24 of this year. We noticed the

hearing on May 24 in several papers around the Gulf

as well as on our Web site, and provided e-mail

notification to those that signed up on our mailing

list. We are holding this public hearing here because

your community requested a hearing, not because we

believe that there will be any air quality impact from

these revisions at this location.

We are now seeking public comment on the

revisions incorporated into the revised OCS permit for

BHPB. If you believe that the revisions to the permit

are inappropriate, you must raise all reasonably

available issues, arguments, or data supporting your

position by the end of the public commentary.

Comments should focus on the revisions to the air

quality permit. If you have general comments
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:28PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

03:29PM

TERRY HOFFMAN - COURT REPORTER

18

regarding non-air quality impacts, leasing, drilling,

safety, discharge, or other similar issues not subject

to this public comment period, you should consider

addressing them during the leasing and permitting

procedure of the Bureau of Ocean Energy Management,

which is the lead agency for offshore drilling plans

in the Gulf. What we are considering today is whether

we set these new emission limits appropriately,

whether we considered the appropriate data, and

whether you have any additional data or information

that would lead you to believe that the limits we set

are not appropriate.

As Carol indicated, this a formal public

hearing rather than a public meeting. Hence, we will

not be taking questions during the hearing or engaging

in any substantive discussion about the permit during

the breaks. We understand, however, that air quality

permitting can be complex, and it is important for the

public to understand this process. You can find

additional information regarding the OCS permitting

process on our Web site, and I am happy to answer

general questions regarding EPA's role in the OCS

permitting during the break. You can also call my

office at any time for additional information about

this process. Thank you for your attendance and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:29PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:30PM

03:31PM

03:31PM

03:31PM

03:31PM

03:31PM

03:31PM

03:31PM

03:31PM

TERRY HOFFMAN - COURT REPORTER

19

participation.

MS. KEMKER: Thank you, Kelly. Now we will

listen to comments concerning the proposed revisions

to the permit. I will read the commenters' names,

call you up one at a time, then you'll be using the

light here on this table. And I will apologize up

front if I mispronounce your name. I will do the best

that I can, but please restate your name once you come

to the podium.

Our first speaker will be Lynn Laird, who is

Chair of the Board for the Escambia Soil & Water

Conservation.

MR. LYNN LAIRD: That's me. I'm also a very

liberal Democrat and I want you to know that. Wow,

I'm so excited that we had the dissertation on my

Ph.D. in environmental oil drilling, etc.

Unfortunately, it was in psychology. I also feel very

comfortable that the organization Ocean Management,

who granted BP all their licenses to drill, they're

involved in saying this is okay. And we all know what

happened to Ocean Management in regards to BP.

Now, going forward here, I am trying to

figure out PM, PM10, etc. The bottom line it looks

like is that we're going to be able to allow them to

have 50 percent over what was originally stated, and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:31PM

03:31PM

03:31PM

03:31PM

03:31PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:32PM

03:33PM

03:33PM

03:33PM

03:33PM

03:33PM

03:33PM

03:33PM

TERRY HOFFMAN - COURT REPORTER

20

maybe 50 percent less, but we're going to give them

50 percent more. Yes, I am Chairman of the Board of

Escambia County Soil & Water Conservation District.

I'm an elected supervisor, and we get reports all the

time from independent people concerning the air

quality in Escambia County. Right now we're the

eleventh dirtiest air quality in the United States,

and now we're finding out that the Atlanta EPA wants

to be able to allow a little more diesel engines to

pollute 125 miles away from here with the prevailing

wind that when you're out on the beach you'll be able

to enjoy the smell.

I think this is wrong. I am trying to figure

out who approved it, when it was approved, and I will

be quite honest with you folks, I know you're hired

help, you're doing what you're supposed to do, but my

next step this afternoon or tomorrow, as we all know,

Senator Nelson, a good Democrat, is opposed to any

drilling in the Gulf, and I'm going to be calling him

and saying do you understand this lecture I got on PM

and PM10 and PM2.5, etc., and it says that the local

EPA, Art whatever his name is, thinks that they can go

55 percent over the original limit. I'm going to be

interested to see what Senator Nelson has to say about

that. Now, of course, we all know what Congressman
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:33PM

03:33PM

03:33PM

03:33PM

03:33PM

03:33PM

03:34PM

03:34PM

03:34PM

03:34PM

03:34PM

03:34PM

03:34PM

03:34PM

03:34PM

03:34PM

03:34PM

03:34PM

03:35PM

03:35PM

03:35PM

03:35PM

03:35PM

03:35PM

03:35PM

TERRY HOFFMAN - COURT REPORTER

21

Miller and Rubio are going to say. They're drill,

baby, drill. I thought when my president got into

office that he got rid of those type of people in the

EPA. I know it's not true in Florida, but at least at

the federal level. So, yes, I'm very concerned that

the air quality of this area is not going to get any

better, it's going get worse, and they've got these

funny, little rules, but I feel it's wrong. They did

a very good job of white-washing all that statistical

stuff, and yet we have an environmental engineer here.

Well, I could play the same game if I wanted to

lecture you on psychology. Thank you very much.

MS. KEMKER: Thank you. Our next speaker

will be Carol Tebay.

MS. CAROL TEBAY: I'm Carol Tebay, and thank

you for giving us the chance to speak. I have little

knowledge of all the particulate matter, organic

compounds and greenhouse gases for which BHPB has

requested to make higher emissions into our

environment. I do know that the risk of asthma

attacks, lung and heart disease remain critical. Last

year, Inspector General Arthur Elkins, Jr., the EPA's

internal watchdog, said, "Limited data and unreliable

estimates on air pollution from oil and natural gas

production is hindering the EPA's efforts to police
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:35PM

03:35PM

03:35PM

03:35PM

03:35PM

03:35PM

03:35PM

03:35PM

03:35PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:36PM

03:37PM

TERRY HOFFMAN - COURT REPORTER

22

drilling. The EPA has failed to directly measure

emissions from some pieces of equipment and processes,

and some estimates it does have are of questionable

quality. With limited data, human health risks are

uncertain." This is all what he had to say. "With

budget cuts, I doubt the EPA has been able to remedy

this situation. I ask that until the EPA is able to

directly measure emissions instead of letting oil and

gas producers police themselves, that requests to

increase polluting emissions be denied." Thank you.

MS. KEMKER: I would ask that to keep the

proceedings moving that you refrain from applause.

I will now call Dr. Gloria Horning.

DR. GLORIA HORNING: Do I need to repeat my

name?

MS. KEMKER: Please.

DR. HORNING: Dr. Gloria Horning, Ph.D.,

Environmental Communication and Science. Our

community here for the last three years has been

bombarded with pollutants all the way up from

Cantonment all the way down to here through the other

industries. President Obama just said yesterday, just

yesterday, he is committed to cutting carbon pollution

in America, he wants to lead the international effort

on combating global climate change, and yet today
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:37PM

03:38PM

03:38PM

03:38PM

03:38PM

03:38PM

03:38PM

03:38PM

03:38PM

03:38PM

03:38PM

03:38PM

TERRY HOFFMAN - COURT REPORTER

23

we're looking at more CO2 in our area. I don't know

how we do this. There's one thing that the rich can't

run away from, and that's air.

But this is what I want answered in the

reply: How are they inspected? Are they inspected

any more than BP was inspected? Who is doing the

inspection? Who is monitoring the compliance?

Because we know with BP that didn't happen. Let's

talk about those muds that they're using. We can't go

backwards as President Obama is trying to move us

forward and we're trying to live in this environment

and we keep poking holes in mother nature expecting us

to live through it. I'm also saddened that this

meeting, at 7:00 tonight no other public input, it's

closed. Boy, they timed that pretty quickly and

nicely, didn't they, for all of us to know. So hurry

up, by 7:00 tonight that's the end. Thank you.

MS. KEMKER: Thank you for your comments. We

will have the -- Kelly, would you like to comment on

just a correction for the record for the public

comment period?

MS. FORTIN: Sure. The public comment period

closes at 11:59 tonight. The flier that you-all saw

was created by a citizen, and it's through today, the

end of today.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:38PM

03:38PM

03:38PM

03:38PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:39PM

03:40PM

03:40PM

03:40PM

03:40PM

03:40PM

03:40PM

03:40PM

TERRY HOFFMAN - COURT REPORTER

24

MS. KEMKER: And it's been open since May --

MS. FORTIN: May 24.

MS. KEMKER: So our next speaker will be

Pattie Krakowski.

MS. PATTIE KRAKOWSKI: I agree with all of

the comments that I have heard so far and I'm sure I

will agree with most of the comments being made by the

people here who are. We've lived here during

Deepwater. We know that we live in one of the most

polluted areas in the country, that oncologists from

other parts of the United States moved to Pensacola

and Escambia County because of the high cancer rate

that we have here, and I am against any further

drilling in the Gulf of Mexico. And it sounds good on

paper, but as we learned with BP, when push comes to

shove what was supposed to happen didn't. The effects

of drilling in the Gulf of Mexico will be with us long

after any person working for the EPA and doing their

study will be around. That's all I have to say.

MS. KEMKER: Thank you. Kim Schulz.

MS. KIM SCHULZ: Hi, I'm Kim Schulz. When I

was a freshman in school, we had to take a civics

class as part of that curriculum, and I read in that

class so much about the U. S. Constitution, how it was

explained to us about checks and balances, and today
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:40PM

03:40PM

03:40PM

03:40PM

03:40PM

03:40PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

03:41PM

TERRY HOFFMAN - COURT REPORTER

25

that's exactly what we're asking you to do, to balance

the playing field. You have the power to say no to

this oil company and to set an example that we will

not sacrifice any more of our precious resources to

greed. That includes my air. This past fall, my

step-children and a grandchild came down to visit.

My other half, their mother, took them to the beach,

and when they returned they all had sore throats.

When I go to the beach, if the wind is blowing from

the south to the southwest, I get a nagging cough and

I come home with a sore throat just as well, which is

where the wind was blowing the day the wife took the

kids to the beach.

We haven't even begun to recover from the

damage Deepwater Horizon has caused to our

environment, and yet there's another oil company

requesting that we risk our health and possibly our

livelihood for the sole purpose of oil. We're not

done. We know there are alternative energy sources.

And we know from the Deepwater Horizon disaster that

deregulation is not being answered for sure. When I

sit here and talk to you, I see intelligent human

beings. Yet we, the people, have to form citizen

coalitions to get corrected another topic, oil

disbursements, removed from the EPA approved list of
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:41PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:42PM

03:43PM

03:43PM

03:43PM

03:43PM

03:43PM

TERRY HOFFMAN - COURT REPORTER

26

disbursements because the EPA has no procedure in

place to do so. Do you realized how incredible stupid

that sounds to the average citizen? You're supposed

to be working for us, not against us.

We used to be able to pull air quality tables

from a regional Internet site, but that data was

removed shortly after the Deepwater Horizon blew and

it's still unavailable today. We know we have poor

air quality here. We knew that before the Deepwater

Horizon disaster. The Clean Air Act was put in place

for a reason. Every American in the United States is

aware of climate crisis and how it's affecting us all.

From a legal standpoint, I insist that you uphold the

Clean Air Act and deny BHP the permit to air quality

standards or requirements. Even though you say it's

not waiving them, you're waiving them. But from one

human being to the next, I ask you not to allow BHP or

any other oil company that builds offshore platforms

to steal our breath away from us, because we don't

have no more to give. Thank you.

MS. KEMKER: Jo Billups.

MS. JO BILLUPS: Good afternoon. My name is

Jo Billups. I teach environmental education and I

have for about the last 20 years. I want to say that

since the Deepwater Horizon spill we are overloaded
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:43PM

03:43PM

03:43PM

03:43PM

03:43PM

03:43PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:44PM

03:45PM

03:45PM

03:45PM

TERRY HOFFMAN - COURT REPORTER

27

with VOCs here and hydrocarbons. Our children have

been exposed to things that there aren't even markers

for because we're not supposed to be exposed to them.

So for you to be able to make a correct assessment

about how much should be released in the air you would

have to know what we've already been exposed to and

what's already in the air. Our health is compromised,

our children's health has been compromised. We don't

want this to be a petroleum-compromised zone. Every

ecosystem out there has been compromised and some of

them have not come back and won't come back. It's

very difficult, and, in fact, impossible at this point

for us to be in partnership with an oil company or to

welcome another oil company. It's not going to

happen. We're a walking climate change. We are

ground zero for climate change for so many reasons.

We can't handle this anymore. We're overwhelmed. The

rare cancers that we're seeing from Louisiana all the

way across the coast of Florida, it's unbelievable.

So we are just not in a position to have this, not now

and not ever. Thank you.

MS. KEMKER: Elaine Sargent.

MS. ELAINE SARGENT: Well, I came here today

and heard your statement about that you're not waiving

the Clean Air Act, and frankly, my argument was based
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:45PM

03:45PM

03:45PM

03:45PM

03:45PM

03:45PM

03:45PM

03:45PM

03:45PM

03:45PM

03:45PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

03:46PM

TERRY HOFFMAN - COURT REPORTER

28

on that because I knew that was how we would win in

the case. It seems like it's already decided that the

permit is issued because you've already looked at the

data. And we're not scientists. I'm with a group

called 350 Pensacola, and I am very concerned about

carbon being emitted into the atmosphere. So I will

oppose all offshore drilling. I don't know that my

statement is going to make a big difference today

since the Clean Air Act, as you say, is not being

waived and that is the power that is in your hands.

So to say that you can't waive this important law

because it impacts our health may be moot at this

point. But with our climate changing and our

environment constantly being impacted by carbon going

into our atmosphere by our fossil fuel use, we don't

think it's the right time to pursue oil and gas. We

would like to see our Environmental Protection Agency

stand up for us and protect all of us as it is meant

to do, instead of being an agency that permits the oil

companies to continue to bombard us with this carbon

going into our atmosphere.

I would like to read this one paragraph that

I think kind of sums it up. It's a conclusion in a

paper if you want a copy of this: "The environmental

impacts of offshore oil exploration and production are
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:46PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:47PM

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

TERRY HOFFMAN - COURT REPORTER

29

complex and far-reaching. Petroleum-produced water

and the chemicals used to extract petroleum from under

the ocean have mechanical, toxic, carcinogenic, and

mutagenic impacts on marine life and the humans who

eat its marvelous bounty. But most profoundly, the

compression of petroleum is a major contributor of

carbon dioxide to the atmosphere, which in turn drives

global warming and ocean acidification." We don't

need that. Therefore --

MS. KEMKER: If you'll wrap up soon.

UNIDENTIFIED SPEAKER: I'm sorry, that was

two minutes and 25 seconds.

MS. SARGENT: So I'm here today to say I

oppose the permit, and we will be finding other ways

to oppose permits down the road if you issue this

permit. Thank you.

MS. KEMKER: Ms. Sargent, do you have

anything further since we made an error in your

timing?

MS. SARGENT: Like I said, I'm here with

350 Pensacola, and our group and the environmental

activists in this community will stand up against the

offshore drilling. And we may not be able to affect

this particular permit, but we're here to voice our

opinions and make our voices heard by everyone in the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

03:48PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:49PM

03:50PM

03:50PM

03:50PM

TERRY HOFFMAN - COURT REPORTER

30

world if it takes that, because we can't take it

anymore what's impacting our health.

MS. KEMKER: And if you would like to submit

the paper to Rosa for the record. Do we have further

commenters registered?

MS. PAMELA COREY: (Inaudible) my card, but I

wrote something on it.

MS. KEMKER: So you can either read it or I

can read it for you. Either one is fine.

MS. COREY: I can read it. My name is Pamela

Corey.

MS. KEMKER: Pamela Corey.

MS. COREY: Like many of us here, I'm a very

many-generation Floridian, memories of the beach my

entire life, yet my grandchildren aren't getting

because their mothers are afraid to take them to the

beach. We know there's still current (inaudible) and

oil out there. And so we have a whole generation

coming up not having the same thing we had when we

were kids. The entire Gulf of Mexico is actually a

fragile and sensitive ecosystem, not just parts of it

but all of it. And BP proved that big oil could not

be trusted to clean up, to drill. They can't be

trusted. They were inept at cleanup, choosing to use

dispersants rather than skimmers. And since this time
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:50PM

03:50PM

03:50PM

03:50PM

03:50PM

03:50PM

03:50PM

03:50PM

03:50PM

03:50PM

03:50PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:51PM

03:52PM

TERRY HOFFMAN - COURT REPORTER

31

we have had multiple health impacts here, as the

people before me said, cancer, asthma, rashes,

migraines, ear infections, everything, our children

have, our grandchildren have. I don't know how many

people have died of cancer and have cancer. I don't

even keep track of it anymore because so many people

are becoming ill.

And if we allowed this ocean that we are

entrusted to protect to be further raped by the oil

companies with their deep-water drills, we are

sacrificing an integral part of this planet to big oil

greed. And we don't get the money from it. We're not

like Norway. Norway, they use their oil money, the

government does, for people to have pensions and

health care and things like this, and they're still

planning for the future with developing other clean

energy. We're not doing that. This is Florida, we

should have solar. We should be totally solar by now,

like Germany, and developing that. We don't need to

let this ocean be exploited by big corporations any

longer. That's all I have to say.

MS. KEMKER: Do we have others registered to

speak? We will take a brief recess until we have

additional registered -- oh, we have one more. Do we

have a speaker card? We have Tim Reeves.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:52PM

03:52PM

03:52PM

03:53PM

03:53PM

03:53PM

03:53PM

03:53PM

03:53PM

03:53PM

03:53PM

03:53PM

03:54PM

03:54PM

03:54PM

03:54PM

03:54PM

03:54PM

03:54PM

03:54PM

03:54PM

03:54PM

03:54PM

03:55PM

03:55PM

TERRY HOFFMAN - COURT REPORTER

32

MR. TIM REEVES: I'm Tim Reeves. I've lived

within 20 miles of the Gulf of Mexico for well over

40 years, and I'm shocked at how we've allowed the

environment that's associated with the Gulf to be just

manipulated by corporations and big business. But

it's not just our environment; it's our government

too. We have lobbyists that basically tell you what

to do instead of you operating, you know, unfettered.

I'm sick of having the lobbyists from the energy

industries. They've just in 2012, they donated or

they spent $14 million on lobby elements, and compared

to regular citizens, we can't compete. We can't get a

voice in our government. And, you know, I'll go down

the list: Coke Industries, Exxon Mobil, Chesapeake

Energy, Chevron, Halliburton. You know, the list goes

on and on. They're all -- they're buying our

legislators. Our legislators are telling EPA what to

do. It's just wrong. You need to work unfettered,

okay? You-all are scientists. You know what's right.

You need to do what's right.

The president has issued a statement saying

that he's against H.R.2231, and it had everything to

do with our environment. And at least our president,

he's not always doing the right things, but on this

he's speaking up to protect us with environmental
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:55PM

03:55PM

03:55PM

03:55PM

03:55PM

03:55PM

03:55PM

03:55PM

03:55PM

03:56PM

03:56PM

03:56PM

03:56PM

03:56PM

03:56PM

03:56PM

03:56PM

03:56PM

03:56PM

03:57PM

03:57PM

03:57PM

03:57PM

03:57PM

03:57PM

TERRY HOFFMAN - COURT REPORTER

33

regulations. I see the BSEE is having a meeting today

and it's in Washington, D.C., and it would have been

nice to have representation from the BSEE here, okay?

But they have a meeting, and it takes away James

Watson, who, you know, is in charge, and he needs to

hear what our concerns are. Anyway, also the Florida

EPA director is not here because she's in the same

meeting in Washington.

Personally, I don't see all the data that I

need to have to understand this whole permit. I need

to see if they've met all the bonding requirements.

And I've read through, you know, the different stuff

that you have from the BOEM and also the BSEE. And I

know that they have to meet financial obligations and

I don't see any record of that in the information that

you offered, but I would like to know if they put up

the proper bond and are they prepared to deal with if

they abandoned the rig. I've heard or I read that the

estimated cost to remove the rig is $2 million.

MS. KEMKER: Sir, I ask that you conclude

your comments soon.

MR. REEVES: Okay. Anyway, I'm against

permitting any of the new oil exploration. And the BP

mess still lingers. They just found a tarmac that was

huge. After removing the sediment and everything else
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

03:57PM

03:57PM

03:57PM

03:57PM

03:58PM

03:58PM

03:58PM

03:58PM

04:17PM

03:03PM

03:03PM

03:03PM

03:03PM

04:17PM

04:17PM

04:17PM

04:17PM

04:17PM

04:18PM

04:18PM

04:18PM

04:18PM

04:18PM

04:18PM

04:18PM

TERRY HOFFMAN - COURT REPORTER

34

it still is a 6000-pound piece of oil junk and that's

just not a good thing for anybody. Anyway, there's

more that I'd like to say. I'll be back in the next

round if I can. Thank you.

MS. KEMKER: Do we have any other registered

commenter? We'll take a brief recess until 4:15 and

then we'll reopen for additional comments.

Upon resuming: 4:15 p.m.

MS. KEMKER: Good afternoon. I am Carol

Kemker. I am the acting director of the Air,

Pesticides & Toxics Management Division of the

U. S. Environmental Protection Agency, Region 4 EPA,

in Atlanta, Georgia, and the public hearing officer

for today's hearing. It is currently 4:15 p.m.

on June 27, 2013, and the public hearing on EPA's

proposed revisions for the air quality permit for

BHP Billiton is resumed. I will now call any

additional speakers that have signed up to provide

comments. Our first speaker after the recess will be

Theresa Graff.

MS. THERESA GRAFF: I came here today and I

really didn't know whether I would have anything to

say or not. Everything that I've got to say is

directed directly toward the EPA and its officers.

I'm a lifelong resident of the Gulf Coast. I've seen
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

04:18PM

04:18PM

04:18PM

04:18PM

04:18PM

04:18PM

04:18PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:19PM

04:20PM

04:20PM

TERRY HOFFMAN - COURT REPORTER

35

more devastation and destruction in our area in the

last three years, I've seen more dead dolphins, more

dead sea turtles, more dead fish, and more dead birds

than I ever cared to see or thought I would see in my

life. I cannot believe that you would actually

consider, in a place that has the seventh lowest air

quality in the nation, to be so bold as to introduce

measures that would actually allow people to come in

here and pollute it further by an additional

100 percent. It's not 50. When you take that number

and double it, it's 100. The audacity of the EPA to

say that they represent the people and they're willing

to overlook these things, I can only assume that the

motivation is greed.

I would ask, since he's not here, for your

representative to take a good, hard look at why he's

doing what he's doing. What is his standard for the

area that you live in? We have one chance. We have

one shot to keep this from happening, because once it

happens here, it's going to happen all up and down

your coast. It's going to happen in Alabama. And

once that happens, our Gulf is not our Gulf anymore.

It belongs to the corporations. I would ask you to

reconsider this whole package you've got going.

Represent the people that you say you represent.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

04:20PM

04:20PM

04:20PM

04:20PM

04:20PM

04:20PM

04:20PM

04:20PM

04:20PM

04:20PM

04:20PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

04:21PM

TERRY HOFFMAN - COURT REPORTER

36

This is not a protection agency anymore. It's been

sold to the highest bidder and I would ask you to

reconsider. Thank you.

MS. KEMKER: Our next commenter will be Mary

Gutierrez.

MS. MARY GUTIERREZ: I'd like to thank you

for giving us an opportunity to speak to you today.

As an environmental scientist, and I've been here for

at least 30 years, here referring to Northwest

Florida, I started my career as an analytical chemist

testing some of these parameters that are actually on

this list. I changed over and worked for the Florida

Department of Environmental Protection Air Resource

Management Program. And I bring that up just to let

you know that I am not -- these parameters of

pollutants are not foreign to me. I am quite well

aware of the environmental public health impact

associated with them, and I know this forum is

particularly for the increase of some of these

parameters.

I would like to strongly urge you to deny

this request to increase these parameters as listed

here because of the environmental impacts and the

public health implications. And as stated the first

time before by some of the other speakers, this area
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

04:21PM

04:21PM

04:22PM

04:22PM

04:22PM

04:22PM

04:22PM

04:22PM

04:22PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:23PM

04:24PM

04:24PM

TERRY HOFFMAN - COURT REPORTER

37

has a long history of health issues, environmental

issues, and we certainly do not need an increase in

any of these things. You guys are all probably

familiar with atmospheric deposition, coastal breezes,

all that's going to end up in the land. It's not only

an aquatic issue, it's a terrestrial issue as well.

So we need to just keep everything in perspective and

focus. And so again I say, do not allow an increase

in any of the open parameters. Thank you.

MS. KEMKER: Is that all the speakers we have

today, for right now?

UNIDENTIFIED SPEAKER: Are you guys staying

here until 7:00 regardless so the people getting off

at 5:00 have a chance?

MS. KEMKER: Absolutely. The question for

the record is, will the hearing remain open until

7:00, and that is correct. The hearing will remain

open until 7:00 and everyone who registers to speak

prior to 7:00 p.m. will have an opportunity to speak.

We can take people who would like to speak again now

until we -- and we'll follow the parameters that I set

forth at the beginning. It will be an additional

three minutes, and we can have a set period of time

for that until we have an additional new speaker

register. So if you are interested in speaking
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

04:24PM

04:24PM

04:25PM

04:25PM

04:25PM

04:25PM

04:48PM

04:48PM

03:03PM

03:03PM

03:03PM

03:03PM

04:49PM

04:49PM

04:49PM

04:49PM

04:49PM

04:51PM

04:51PM

04:51PM

04:51PM

04:51PM

05:03PM

05:03PM

05:04PM

TERRY HOFFMAN - COURT REPORTER

38

a second time, please register with Ms. Yarbrough.

I will now close the public record for

another brief break and we will reconvene and reopen

the record for any additional speakers at 4:45.

(Recess 4:25 p.m.)

Upon resuming: 4:45 p.m.

MS. KEMKER: Welcome and good afternoon.

I am Carol Kemker, the acting director of the Air,

Pesticides & Toxics Management Division of the

U. S. Environmental Protection Agency, Region 4 EPA,

in Atlanta, Georgia, and the presiding officer for

today's public hearing. It is currently 4:46 p.m.

on June 27, 2013, and the public hearing on the EPA's

proposed revision to the Air Quality Permit for BHP

Billiton is resumed. I will now check to see if there

are any additional speakers that have signed up to

provide comments.

Given that we have no additional speakers

registered to speak at this time, I am now closing the

public record for another brief break and we will

reconvene and open the record for any additional

speakers at 5:00 p.m. Thank you.

(Recess 4:51 p.m.)

Upon resuming: 5:02 p.m.

MS. KEMKER: Welcome and good afternoon.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:04PM

03:03PM

03:03PM

03:03PM

03:03PM

05:04PM

04:49PM

04:49PM

05:05PM

05:05PM

05:05PM

05:05PM

05:05PM

05:05PM

05:05PM

05:05PM

05:05PM

05:05PM

05:05PM

05:06PM

05:06PM

05:06PM

05:06PM

05:06PM

05:06PM

TERRY HOFFMAN - COURT REPORTER

39

I am Carol Kemker, the acting director of the Air,

Pesticides & Toxics Management Division of the

U. S. Environmental Protection Agency, Region 4 EPA,

in Atlanta, Georgia, and the presiding officer for

today's public hearing. It is currently 5:02 p.m.

on June 27, 2013, and the public hearing on the EPA's

proposed revision to the Air Quality Permit for BHP

Billiton is resumed. I will now call on any

additional speakers that have signed up to provide

comments. Our first speaker will be Paul Doom.

MR. PAUL DOOM: Yes, I was wondering, the

proposal that -- how much emissions are they saying

they're going to be above? Have they said how much

they're going to sit there and emit from their

engines?

MS. KEMKER: Well, I'll provide some

clarification. This is an opportunity for you to

provide us comments. It's a public hearing to hear

comments on the proposed permit action. Unlike

a public meeting where it's more of a question-andanswer session, this is a public hearing proceeding

for you to give us your comments on the action.

MR. DOOM: Okay. Would a construction

company that was working here be able to do the same

thing?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:06PM

05:06PM

05:06PM

05:06PM

05:06PM

05:06PM

05:06PM

05:06PM

05:06PM

05:06PM

05:07PM

05:07PM

05:07PM

05:07PM

05:07PM

05:07PM

05:08PM

05:08PM

05:08PM

05:08PM

05:08PM

05:08PM

05:08PM

05:08PM

05:08PM

TERRY HOFFMAN - COURT REPORTER

40

MS. FORTIN: He can ask his questions and we

can respond in the record.

MS. KEMKER: That is true. We can respond in

the record if you have questions, but we won't be

responding here today. These are for us to receive

questions and comments so that we can take them back

and consider them as we view our actions.

MR. DOOM: Okay. The first question was,

how much more are they going to emit, are they asking

to raise? And would the contractor in town be able to

do the same thing as they are doing out there, emit

more? And who is going to be overseeing this

monitoring? Will it be daily or weekly or monthly?

Will they have, I guess, a gauge on there where it

gives the air quality, and will it be available to the

public? And this was 135 miles out, I think that's

it, and the line was 125 miles for the line where it

changes from state to, I guess, federal. And I guess

that's all the questions that I can think of right

now.

MS. KEMKER: Thank you for your comments.

I'll now call Karen Elizabeth Johnson.

MS. KAREN ELIZABETH JOHNSON: I too would

like answers to all those questions as well. Also,

when would there be a public meeting where we can ask
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:09PM

05:09PM

05:09PM

05:09PM

05:09PM

05:09PM

05:09PM

05:09PM

05:09PM

05:09PM

05:09PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

05:10PM

TERRY HOFFMAN - COURT REPORTER

41

questions and get answers immediately? The problem

that I have -- one of the problems that I have is I do

not trust them to monitor it themselves and not go

higher. And also, I don't think the emissions should

go higher for them in any circumstances either,

because they're going lie about it. I mean, they will

push it to the limit and then some, and if nobody is

watching over them 24-7, they're going to do what

they're going to do. And I don't know if you get in

the Gulf or not, or if you've been wheezy, or if you

have all of a sudden any kind of chemical sensitivity

to the ocean, to the sand, to the air, but I do, and I

did not before the oil spill. And now I won't put my

foot in the water because nobody is doing testing.

I'm on St. Joe Beach. They do border testing for

bacteria, but they're not testing for oil (inaudible).

But you can see them, but they don't pick them up.

So why should they be allowed to do anything more than

they already do, is my statement. And, um, I'm sure

there's a lot more. Thank you.

MS. FORTIN: You can provide written comments

as well.

MS. JOHNSON: And questions?

MS. KEMKER: For the record, we will be open

to receive both oral and written comments until the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:10PM

05:11PM

05:11PM

05:11PM

05:11PM

05:11PM

05:11PM

05:12PM

05:12PM

05:12PM

05:12PM

05:33PM

05:33PM

05:33PM

05:33PM

05:33PM

05:33PM

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

TERRY HOFFMAN - COURT REPORTER

42

end of today. Do we have any further registered --

MS. JOHNSON: Can I ask one more question on

the record? As far as anything for air quality for

any city in the United States, where do you find it?

MS. KEMKER: So the question we will put in

the record. No further speaker? I am now closing the

public record for a brief break and we will reconvene

and reopen the record for additional speakers at

5:30 p.m.

(Recess 5:12 p.m.)

Upon resuming: 5:31 p.m.

MS. KEMKER: Welcome and good afternoon.

We are reopening the public hearing. It is currently

5:31 on June 27, 2013, and the public hearing on EPA's

proposed revisions for the Air Quality Permit for BHP

Billiton is resumed. We will now call additional

speakers that have signed up to provide comment.

Kathryn Doom.

MS. KATHRYN DOOM: Thank you. My name is

Kathryn Doom. I came to this meeting thinking it was

a question-and-answer session, so I've sort of thrown

together some comments quickly for our family and our

neighbors. I spoke earlier this month with

Mr. Hofmeister's support staff on the telephone and

they told me that they could not comment on a safety
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

05:34PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

05:35PM

TERRY HOFFMAN - COURT REPORTER

43

plan regarding the special drilling safety hazards

because this is for oversight of the drilling

equipment emissions only. And I guess I can't ask

questions. But actually I believe there's a direct

correlation from the emissions of the drilling

equipment to the drilling safety hazard, because the

equipment is drilling. This equipment can't just be

out on the platform doing nothing. It is drilling

for -- I assume it's drilling for a well or it's

drilling for oil or whatever they're drilling for.

I assume it's oil. I believe this is very dangerous

to the atmosphere, to the air and our water.

As far as I know, there was no air quality

being checked as of July '10, because I spoke to an

EPA employee on the beach. He gave me a card and I

have at home. I didn't think about bringing it today.

All I remember is it was Charlie, he was a supervisor.

You know, we noticed a funny smell to the air and I

knocked on the window of his truck. He was sitting in

an air-conditioned truck overseeing workers. I asked

him, I said, is the air being monitored, what is the

smell? I don't know if it was chemicals. I do know

now it was VOCs, volatile organic compounds, because

my family all have lethal levels of VOCs, and we've

been tested twice. Three years later, we all have
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:35PM

05:35PM

05:35PM

05:35PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:36PM

05:37PM

05:37PM

05:37PM

05:37PM

TERRY HOFFMAN - COURT REPORTER

44

lethal levels of VOCs in our bloodstream. I have two

children that are critically ill that were totally

healthy. My whole family was healthy. We moved to

Florida to have an enjoyable retirement, and now -- I

mean, we especially moved to Florida. We didn't

realize all these wells were in the Gulf, but we were

so happy when we learned that Florida didn't have

wells. Well, now somebody has built a drilling site

or well platform ten miles outside of the water line

for Florida. And from what I understood from my

conversation with him, that it would be BOEM and

Congress that decides who can drill or not. You all

are just overseeing the emissions.

But like I said, so he said he would check on

it -- I'm going back to the gentleman in the truck --

he would check on it and I could call him at any time.

In the meantime, my family, from 2010 until the

present and ongoing, were constantly in search of

medical care. But suddenly it's ironic that we start

seeing EPA buses going up and down Highway 98 in a

beach community that was seven feet from the water in

Florida. And we're actually 180 miles by coordinates

from the Deepwater Horizon rig, and that's where we

got our exposure from. Of course, the jet stream,

people don't realize this -- I mean, I know you-all
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:37PM

05:38PM

05:38PM

05:38PM

05:38PM

05:38PM

05:38PM

05:38PM

05:38PM

05:38PM

05:38PM

05:38PM

TERRY HOFFMAN - COURT REPORTER

45

do, but most people that live around me do not

realize, because we've researched it intensely and are

involved with scientists, researchers, chemists and so

on, the jet stream, people in Florida are more

adversely affected from that one alone because of the

jet stream and how our levels have actually been the

highest in the Gulf.

Like I said -- kind of slow down here a

little bit. So basically we can't be outside for any

length of time or even go into the water. And I know,

I could just basically comment, but I do have a --

I'll close with one question. If this is going to be

land and water level monitoring or just out on the

platform or is it going to be on the land too for the

residents? And the bad issue about all this is, the

worst issue, and I was in health care for 22 years, is

that we have lethal health conditions and no one will

address them. We cannot get any help. I take my

children all over the country. I've taken them to

Los Angeles. We've been advised to go to foreign

countries, but because of the state the world is in

I did not take them to other countries because I had

more fear of going out of the country. It probably

would have been a smarter thing to do based on health.

My children, I have a 15-year-old and a
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:38PM

05:38PM

05:38PM

05:38PM

05:38PM

05:39PM

05:39PM

05:39PM

05:39PM

05:39PM

05:39PM

05:39PM

05:39PM

05:39PM

05:40PM

05:40PM

05:40PM

05:40PM

05:40PM

05:55PM

05:55PM

05:55PM

05:55PM

05:55PM

05:55PM

TERRY HOFFMAN - COURT REPORTER

46

25-year-old, they're critically ill. It's real sad,

because we -- like I said, we came down here to

retire, to be happy, to enjoy the beach life. You

know, we came to use the white sands. We have now

become bonded and have a camaraderie with people up

and down the coast. We're not trouble makers, we just

want things to be safe. We want everyone to be able

to breathe the air, drink the water, go in the water.

We can't go in the water. We can't be outside for ten

minutes without -- I mean, you know, without having

trouble breathing, among other things. Thank you.

MS. KEMKER: Thank you for your comments.

Do we have any other registered speakers at this time?

We will take another brief break until 10 to 6:00 and

we will reconvene and see if we have additional

registered speakers. We will close the record at this

time.

(Recess 5:40 p.m.)

Upon resuming: 5:53 p.m.

MS. KEMKER: Welcome and good afternoon.

We are reopening the public record. It is currently

5:53 p.m. on June 27, 2013. Now the public hearing on

the EPA's proposed revisions for the air quality

permit for BHP Billiton is resumed. I will now call

any registered speakers up to provide comments.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

05:55PM

05:55PM

05:55PM

05:55PM

05:55PM

05:56PM

05:56PM

05:56PM

05:56PM

05:56PM

05:56PM

05:56PM

05:56PM

06:19PM

06:20PM

06:20PM

06:20PM

06:20PM

06:20PM

06:20PM

06:20PM

06:20PM

06:20PM

06:20PM

06:20PM

TERRY HOFFMAN - COURT REPORTER

47

Scott Miller.

MR. SCOTT MILLER: Thank you. I am Scott

Miller, in-house counsel representing BHP Billiton

Petroleum, Inc., the permittee for this matter. We

support EPA's draft permit revision and request that

it be issued as proposed. Thank you.

MS. KEMKER: Are there any additional

speakers registered at this time? Seeing none, we

will recess until 6:15. I am now closing the public

record for a brief break and reopening the record for

additional speakers at 6:15 p.m.

(Recess 6:00 p.m.)

Upon resuming: 6:17 p.m.

MS. KEMKER: It is currently 6:17 p.m. on

June 27, 2013, and the public hearing on EPA's

proposed revisions to the Air Quality Permit for BHP

Billiton is resumed. I will now call any additional

speakers that have signed up to provide comments.

Are there any additional speakers?

I am now closing the public record for a

brief break seeing that there are no additional

speakers. We will reconvene and open the record for

any additional speakers at 6:30 p.m.

(Recess 6:20 p.m.)
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

06:20PM

06:40PM

06:40PM

06:40PM

06:40PM

06:40PM

06:40PM

06:40PM

06:40PM

06:40PM

06:40PM

06:40PM

06:41PM

06:41PM

06:41PM

07:01PM

07:02PM

07:02PM

07:02PM

07:02PM

07:02PM

07:02PM

07:02PM

07:02PM

07:02PM

TERRY HOFFMAN - COURT REPORTER

48

Upon resuming: 6:37 p.m.

MS. KEMKER: It is currently 6:37 p.m. on

June 27, 2013, and the public hearing on EPA's

proposed revisions to the Air Quality Permit for BHP

Billiton is resumed. I will now call any additional

speakers that have signed up to provide comments.

Are there any additional speakers who have registered?

Seeing that there are no additional speakers that have

registered to provide comments, I will close the

public hearing -- I mean I am now closing the public

record for a break until such time as we have

additional speakers register to speak, and then I will

reopen the record for any additional speakers.

(Recess 6:40 p.m.)

Upon resuming: 6:59 p.m.

MS. KEMKER: It is currently 6:59 p.m.

on June 27, 2013, and the public hearing on EPA's

proposed revisions to the Air Quality Permit for BHP

Billiton is resumed. I will now check to see if any

additional speakers have registered or signed up to

provide comments. Are there any additional speakers?

MS. ROSA YARBROUGH: We have none.

MS. KEMKER: Before we conclude this public

hearing, is there anyone else who has registered, has

not commented, and would like to comment? As there
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

07:02PM

07:02PM

07:02PM

TERRY HOFFMAN - COURT REPORTER

49

are no further comments, I will conclude this public

hearing at 7:00 p.m. Thank you all for coming and

providing input to our permitting process.

(WHEREUPON, the public hearing was

concluded at 7:00 p.m.)
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

TERRY HOFFMAN - COURT REPORTER

50

CERTIFICATE OF REPORTER

STATE OF FLORIDA

COUNTY OF ESCAMBIA

I, TERRY RUSHING HOFFMAN, Court Reporter and

Notary Public in and for the State of Florida, do

hereby certify:

That I was authorized to and did

stenographically report the foregoing proceedings, and

that the transcript is a true and complete record of

my stenographic notes.

I further certify that I am neither counsel for

nor related to any party to said action, nor am I

financially interested in this proceeding.

DATED this 9th day of July, 2013.

____________________________

TERRY RUSHING HOFFMAN