### Capital Reporting Company Meeting 05-25-2010

(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 1 PUBLIC MEETING FOR THE PCB ADVANCED NOTICE OF PROPOSED RULEMAKING

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MEETING FOR THE PCB

May 25, 2010 1:04 p.m.

SAM NUNN ATLANTA FEDERAL CENTER 61 Forsyth Street, S.W. Atlanta, Georgia

NATALIE GAIL SHECKTON, CCR-2294-B

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 2 1 I N D E X 2 PAGE 3 Introductory by Ms. Jeaneanne M. Gettle 3 4 Explanation of PCB 8 5 Speech by Dr. Ellen G. Spears 15 6 Question by Mr. Biddle 27 7 Questions by Ms. Little 28 8 Question by Mr. Phenicie 31 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 3 1 PUBLIC MEETING FOR THE PCB 2 May 25, 2010 3 MR. SCHREIBER: If you would, Could you 4 repeat your agency again, please? 5 MR. SKAGGS: It is the Department of Energy, 6 Oakridge Operations Office. 7 MR. SMITH: Thank you. Hi, Brett, this is 8 John Smith. Could you send me by e-mail a list of 9 everybody that you have on the phone there? 10 MR. SKAGGS: Absolutely. 11 MR. SMITH: My e-mail address is 12 Smith.JohnH@EPA.Gov. Don't forget the second "H". 13 MR. SKAGGS: Thanks. 14 MR SCHREIBER: Will anyone there be making a 15 comment or are you just there to listen? 16 MR. SKAGGS: We're just here to listen. 17 MS. GETTLE: Good afternoon. I think we're 18 going to go ahead and get started now. 19 My name is Jeaneanne Gettle, and I am the 20 Chief of the Pesticides and Toxic Substances Branch and 21 Air, Pesticides, and Toxic Management Division here at 22 EPA Region 4. 23 EPA Region 4 constitutes the eight 24 southeastern states going over to Alabama, north to 25 North Carolina, Kentucky and then down to Florida.

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 4 1 I am joined here today by John Smith and 2 Selwyn Cox from the Office of Chemical Safety and 3 Pollution Prevention. John is here, and Selwyn is over 4 here. 5 There are also a number of other EPA people 6 here from Region 4. We have several representatives 7 from our RCRA Division here with us today where a lot 8 of the PCB work is done here in this region. 9 So welcome to the fourth public hearing to 10 gather comments on the issues of EPA's reassessment of 11 its current authorizations for polychlorinated 12 biphenyls (PCBs), and their use and distribution in 13 commerce. 14 EPA is considering adding additional meetings 15 to be held on the west coast during this comment 16 period. 17 EPA issued an Advanced Notice of Proposed 18 Rulemaking on April 7, 2010, initiating the Agency's 19 potential reassessment of the PCB use authorizations. 20 The purpose of this meeting is to provide an 21 opportunity for the public to deliver comments, 22 information, or data regarding the Advanced Notice of 23 Proposed Rulemaking. 24 EPA representatives will also be available to 25 answer clarifying questions on the contents of the

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 5 1 ANPR. 2 We would like to thank you for joining us 3 here today, and we very much appreciate your taking the 4 time to assist us in providing valuable information on 5 this issue and on the state of environment regarding 6 PCBs in use. They have now been in limited use for 7 over 30 years. 8 In addition to the comment received today at 9 today's meeting and the previous public meeting across 10 the country, EPA will be accepting written comments 11 through July 6, 2010. You may provide those comments 12 via the docket number, and that docket number is -- and 13 hopefully we will be able to hand this out or make it 14 otherwise available -- but the docket number is EPA-HQ15 OPPT -- and that is Office Pesticide Prevention and 16 Toxic -- -2009-0757 or through regulations.gov or via 17 mail or hand delivery to EPA Headquarters in Washington 18 at the address listed in the April 7 Federal Register. 19 We encourage you to submit written comments 20 in addition to your spoken comments delivered here 21 today. 22 Today's meeting will run no later than 5:00 23 p.m. We will begin with a background presentation on 24 the Advanced Notice of Proposed Rulemaking and then 25 proceed to the public presentation. We will have one

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 6 1 ten-minute break at approximately 3:00. 2 The public rest rooms are located out both of 3 these doors and in the hall that is out here. Then 4 mens' room is kind on this end, and the lady's room is 5 down and to the right. 6 We ask that each of your presentations be 7 limited to around ten minutes so that we will have 8 ample time for everyone to make comments. 9 Today's spoken comments will go into the 10 publicly available docket and be available for public 11 viewing at regulations.gov. 12 I have been asked to remind you that we have 13 a court reporter present and to speak slowly and 14 clearly so that she can record your information and 15 your comments accurately. 16 I have also been asked to remind you that if 17 you didn't sign in when you came in today to the 18 meeting to please sign in as you leave this afternoon. 19 The sign-in is in the back of the room. 20 Again, I want to thank you for coming today, 21 and I'm now going to turn things over to John Smith 22 from the Office of Chemical Safety and Pollution 23 Prevention, who will give you some background on the 24 Advanced Notice of Proposed Rulemaking. 25 Welcome to Region 4.

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 7 1 MR. SMITH: Thank you, Jeaneanne. 2 Many of you probably already know a lot of 3 this stuff, but I'm assuming that there might be some 4 here who don't, so this is a very quick run of what 5 PCBs are about. 6 MR. SMITH: Here is what I'm going to talk 7 about, and it is going to be about 10 or 15 minutes at 8 the most, and I'm going to tell you what PCBs are, what 9 they're used for, what are the health effects, and what 10 is our authority for the rulemaking, and what is the 11 standard for removing a use authorization, what the 12 objectives are for the rulemaking, what information EPA 13 is seeking, and what's the timetable for the 14 rulemaking. 15 Now, first of all, what are PCBs? PCBs are 16 209 different chemical compounds. They are commercially 17 formulated as mixtures, and most of those mixtures 18 contain around 50 different compounds. 19 Approximately, one and a half billion pounds 20 were produced in the United States between 1929 and 21 1977, and the U.S. 22 production was about 90 percent of world 23 production. 24 We assume about half of that was probably 25 released before our first regulations were published.

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 8 1 PCBs were important in industrial 2 applications because they provided special properties 3 to mixtures, and they didn't decompose overtime, are 4 heat resistant, provided elasticity in plastics and 5 have very low electrical conductivity. 6 Next slide, please. 7 What are PCBs used for, are/were? Some uses 8 are no longer in place. They are used for dielectric 9 fluid, hydraulic fluids, heat transfer fluids, cutting 10 oils, lubricants, pump oils. 11 And then the non-liquid formulations are 12 carbonless copy paper, plasticizers, caulk/sealants, 13 paint/coatings, rubber, and ink/pigments. Some of 14 these uses are authorized in the regulations, and some 15 of them are not. 16 Next slide, please. 17 What are the human health effects from PCBs? 18 There are two kinds of effects. One is the acute or 19 short-term effects, and the acute effects are 20 effectively irritation or burning of the eyes and the 21 face and chloracne, which is very similar to other 22 acne. 23 The chronic or long-term effects are liver 24 disorders, reproductive effects, developmental effects 25 and probably cancer.

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 9 1 PCBs also have numerous well-documented 2 effects, health effects, including cancer for animals. 3 Next slide, please. 4 What is the authority for the rulemaking? 5 Section 6(e) of the Toxic Substances Control Act of 6 1976, what we know as (TSCA), generally bans the 7 manufacturer PCBs Act for 1978, but provides for 8 exceptions based on EPA findings of "no unreasonable 9 risk of injury to help with the environment." 10 Most of the exceptions that we have in the 11 PCB regulations take the form of authorizations, which 12 include conditions, such as location restrictions, 13 repair restrictions, and concentration limits. 14 Next slide, please. 15 1984 EPA Promised to Reassess the Uses of 16 PCBs. In Section 6(e)(2)(b) of TSCA, EPA is permitted 17 to authorize by rule the manufacturing, processing, 18 distribution in commerce, and use of PCBs is in a non19 totally enclosed manner if these activities will not 20 present an unreasonable risk of injury to health or the 21 environment. 22 So that is what we did back in 1978 and 1979, 23 and we said in 1984 we're going to take a look at that. 24 We have determined that several certain non25 totally enclosed PCB uses will not present an

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 10 1 unreasonable risk and proposed to authorize these uses 2 for activities for a period of five years after the 3 effective date of the final rule. 4 So that was in 1984 at the time of the end of 5 that five-year period, but we have not really taken a 6 look at that until now. 7 Next slide, please. 8 What is the standard for removing a use 9 authorization? So we set the standard for creating an 10 authorization, which is effectively providing relief 11 from a ban and is the same standard for removing 12 something from a ban after that use is authorized. 13 And in order to remove an existing use 14 authorization, EPA must use a standard of less than 15 arbitrary and capricious. So it's not no unreasonable 16 risk, but it has to be less than arbitrary and 17 capricious. That is the standard for removing a use 18 authorization that is in place now. 19 The burden to remove a use authorization is 20 much less than the unreasonable risk to establish a use 21 authorization, and that information comes from a U.S. 22 Court of Appeals from the Fifth Circuit in 2000. 23 Next side, please. 24 What is the objective of the rulemaking? To 25 reassess the current authorization for certain PCBs

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 11 1 uses to determine whether they may now pose an 2 unreasonable risk to human health and to the 3 environment. 4 To meet this objective, the ANPR solicits 5 information from the public on several topics. And 6 that is why we're having this meeting is to solicit 7 your comments verbally. 8 Next slide, please. 9 What information does EPA seek in rulemaking? 10 Looking for population characteristics for equipment, 11 equipment management practices, equipment failure rates 12 and insurance costs, removal and replacement costs for 13 equipment, impact of severe spills, weather events and 14 vandalism, disposal and metal recycling capacity and 15 costs, environmental impact for alternatives to PCBs, 16 and types and concentration for non-liquid PCB uses. 17 Next slide, please. 18 All right. Right now the comment period ends 19 on July 6, 2010. Please get your written comments to 20 the docket before 4:00 p.m. on that date. 21 I'm not sure if you're entering on 22 regulations.gov what the deadline is, but I assume it 23 is midnight, and I would not wait until midnight to do 24 that. 25 You can also submit comments through

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 12 1 www.regulations.gov. There was a little handout that 2 we had available that tells you how to do that in the 3 back. 4 The docket number, as Jeaneanne said, is EPA5 HQ-OPPT-2009-0757. It is important that that be 6 absolutely correct to get to the right docket. 7 We will be reviewing the comments we receive 8 on this Advanced Notice for the remainder of 2010, and 9 I will give you a bit of a newsflash, and the bit of 10 the newsflash is that out of the first 35 comments or 11 so that we have, approximately 30 of those are requests 12 to extend the comment period anywhere from 120 days 13 from General Electric, 90 days from about 25 different 14 electrical utilities, and 60 days from the Interstate 15 Natural Gas Association of America. 16 We are considering extending the comment 17 period, and if we do extend the comment period, we are 18 also considering having additional public meetings, 19 somewhere out west for one and probably another one in 20 New York in the evening for the other one. 21 That is all I have to say. 22 Now, the procedure is that well have the 23 folks who have signed up to speak to speak. Again, I'm 24 reminding you that Jeaneanne said "ten minutes each." 25 And we only have one person signed up but if

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 13 1 someone else wants to speak, you may sign up. 2 So Dr. Ellen Griffith Spears. Are you ready? 3 DR. SPEARS: Yes, thank you, John. And thanks 4 to the EPA and the Region 4 folks for providing this 5 opportunity to address those proposed revisions to the 6 rules regulating PCBs. 7 It is really valuable that the agency is 8 undertaking this long overdue comprehensive review. As 9 Congress debates the revisions to the Toxic Substances 10 Control Act of TSCA -- which I will talk about in a 11 moment -- I think it is especially timely to be 12 considering these regulatory improvements as well. 13 My own expertise is as an environmental 14 historian, and I focus on environmental policy with a 15 special focus on the public health history of PCBs. 16 The rulemaking document asks many important 17 and necessary questions, technical questions which will 18 give the public much-needed information. 19 My remarks speak primarily to questions that 20 are not being asked or questions that might be more 21 fully amplified in the reassessment primarily in four 22 areas: (1) the inclusion of what is frequently referred 23 to in the environmental economics literature as 24 "externalities" or "opportunity costs"; (2) the 25 disparate impact of manufacturer, importation, use,

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 14 1 storage and disposal of PCBs on vulnerable populations; 2 (3) the need for robust public notification on these 3 changes; and (4) the definition of the phrase "totally 4 enclosed planner." 5 First, I want to briefly highlight, though, 6 the human significance of revisiting the regulations 7 for handling PCBs. I'm most familiar with Anniston, 8 Alabama, where I have interviewed residents who have 9 lived with PCB contamination in the soil, in nearby 10 creeks, and in their bodies. 11 For residents of Anniston, the many people 12 here will know the Monsanto Chemical Company produced 13 PCBs for 40 years at a plant that local people could 14 see and could smell from their back doors. 15 These questions are not academic cost-risk16 benefit questions for folks of Anniston. 17 More than five and a half million pounds of 18 PCB-contaminated waste lie in Coldwater Mountain just 19 uphill from the 40 acres that once comprised the Sweet 20 Valley and Cobb Town neighborhoods, from which families 21 were relocated in 1996. 22 The EPA has now been engaged in Anniston for 23 at least ten years, but before then residents of 24 Anniston were not told by Monsanto nor by the EPA nor 25 by the state authorities of the extent of PCB-

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 15 1 contamination of soil and streams around their home or 2 in the blood and tissues of their bodies, and not until 3 the 1990s almost 70 years after those exposures began. 4 PCB-contamination in Anniston has left a now 5 well-documented legacy of exposure and health problems 6 as well as deep mistrust. 7 So when I knew I would be speaking here 8 today, I talked with some of the residents in Anniston, 9 including Shirley Williams Baker, who is a licensed 10 practical nurse, a co-investigator with the Anniston 11 Environmental Health Consortium health study and 12 representative to the community/tribal subcommittee of 13 the ATSDR. 14 She could not be here today because she is 15 welcoming her 13th grandchild into the world. 16 But the basic message that residents like Ms. 17 Baker want to convey: When you find out the answers to 18 these questions that are being asked in the 19 reassessment document, we want to know about it so 20 people in other communities won't be eating PCB-laden 21 fish, won't be letting their kids play in PCB22 contaminated sand, and won't be baptizing new members 23 of their congregations in a PCB-filled creek. 24 When the PCB ban went into effect, the 25 American public thought that meant a ban. People

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 16 1 largely did not realize that TSCA left 750 million 2 pounds or more of PCBs in circulation in the United 3 States alone. 4 Wading through the more than 150 notices, 5 including exemptions approved between 1976 and 2007 6 reveals a record of repeated authorizations of PCBs 7 uses, denials of citizen's petitions, and continued 8 adherence to old standards of exposure long after 9 scientific investigations showed them to be hazardous 10 to human health. 11 The wide range and exemptions in non-totally 12 enclosed and reportedly totally enclosed uses appear 13 inconsistent with PCB status as banned substances and 14 at odds with the EPA's own findings that, "Any exposure 15 of human beings may be significant." 16 Fortunately, the PCB reassessment document 17 that we're considering today takes a forward-looking 18 tone, recognizing that PCB disposal is cheaper to 19 address now that than waiting for aging capacitors and 20 transformers to wear out and leak, as disposal capacity 21 becomes reduced overtime and the cost of addressing PCB 22 problems only increase. 23 We should take a similar approach regarding 24 the costs associated with the environmental health 25 consequences of PCBs. While the primary responsibility

### Capital Reporting Company Meeting 05-25-2010

(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 17 1 to investigate health-related consequences of PCB 2 exposures may lie with other federal agencies, within 3 the CDC's National Center for Environmental of Health 4 and the ATSDR, the noticeable absent of cost 5 information related to health consequences of PCB 6 exposure could lead to a serious underestimation of the 7 costs, and that is the opportunity costs, the cost of 8 not acting, and this document seeks information about 9 those costs. 10 Additional questions need to be asked. How 11 many workers are handling PCBs in transport, 12 importation, storage, use, and reclassification 13 processes? What health data reports are being required 14 of PCB handlers? In other words, where are the people 15 in this picture? 16 I realize the answers to these questions are 17 voluntary and would not take the place of detailed 18 health studies, but these so-called externalities 19 belong in any risk-cost-benefit equation. 20 While the overall measures of PCB levels in 21 human bodies and environments have decreased since the 22 1970s, declines may have slowed, and concerns about 23 disparate impacts remain, particularly for vulnerable 24 populations. 25 Preliminary results of the federally-funded

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 18 1 Anniston Community Health Survey published in 2008 2 found that "Black or African Americans survey 3 participants have PCB levels on average about three 4 times greater than levels found in White or Caucasian 5 participants across all age groups." 6 The 50 parts per million standard, that is 7 being revisited in this document, must be radically 8 reduced. In this class of persistent, bioaccumulative, 9 and toxic (PBT) chemicals, no exposure is safe. 10 How various publics are being made aware of 11 the potential dangers of PCB exposure from continued 12 use is a matter of prime importance that extends well13 beyond so-called "hot spots" such as Anniston. 14 How do residents of an aging intown 15 neighborhood in Atlanta know that the transformer down 16 the street that blew up and caught fire does not 17 contain PCBs? A robust public notification process, 18 with strong requirements for effective signage on all 19 PCB-containing equipment, including exempt uses in lay 20 language with appropriate translations should be 21 required. 22 Two additional areas of concern: The ANPRM 23 document suggests that significant excess disposal 24 capacity presently exist. Where are these facilities? 25 What is being done to notify nearby residents about

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 19 1 exposures to which they may be subject? 2 Also, what is the state of art or 3 neutralization and disposal process? Why choose onsite 4 burial and transportation of PCB wastes in Anniston 5 when chemical neutralization is required in other 6 communities? 7 As I mentioned at the outset, the PCB 8 reassessment coincides with the movement in Congress of 9 the Safe Chemicals Act of 2010, a bill designed to 10 overhaul TSCA under which the EPA was granted the 11 authority to regulate PCBs. 12 Significant changes are being proposed that 13 would begin to bring the U.S. in line with 14 international standards. The bill would enhance EPA's 15 authority to regulate, giving the right to require 16 information and testing. 17 Most importantly, the legislation inches 18 towards a precautionary stance, shifting the burden of 19 proof from the previous nearly insurmountable standard 20 requiring the EPA to demonstrate "unreasonable risk of 21 injury to health and the environment" to a requirement 22 that chemical producers provide documentation that the 23 chemical meets the test of a "reasonable certainty of 24 no harm." 25 The Senate bill proposes very few changes to

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 20 1 Section 6, the section under which EPA has the 2 authority to regulate PCBs, but there are a few that 3 raise concern. (1) Does the "substantial endangerment" 4 clause included in the new Section 6 establish a 5 different standard regulation for PCBs than other 6 chemicals rather than the new "reasonable certainty of 7 no harm" standard? Does the new proposal, in effect, 8 establish two classes of chemicals for regulation, 9 accepting a different standard for PCBs? (2) Does the 10 continued allowance for PCB use in a "totally enclosed 11 manner" remain a supportable standard, given the age 12 and condition of deteriorating PCB-containing 13 electrical transformers and other equipment. (3) The 14 bill's language, which is the Senate version now, 15 contains a puzzling clause granting automatic 16 extensions of exemptions for the importation of PCB17 containing military equipment for disposal. 18 Now, we should not be leaving aging and 19 decaying U.S. equipment on military bases around the 20 world near vulnerable populations and where disposal 21 capacity is inadequate, but does this statutory 22 provision weaken the EPA's authority to regulate the 23 importation of aging PCB-containing military equipment? 24 We must keep in mind the people of Anniston 25 when we consider whether "substantial endangerment" is

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 21 1 an acceptable standard or under what condition we 2 permit the importation and reimportation of equipment 3 containing hazardous PCBs. 4 Thankfully, at least one study suggest that 5 PCB levels are substantially lower in children than in 6 adults who live in Anniston, but that study suggests a 7 possible correlation remains between the PCB exposures 8 of mothers and the cognitive planning skills of their 9 children. 10 I might add that these effects show up at 11 very low levels of exposure. Fewer than five percent 12 of the adults in this particular study registered 13 levels above the 20 parts per billion level; numerous 14 individuals in Anniston register at much higher levels. 15 As the PCB reassessment moves forward in the 16 context of this reform legislation, we must keep in 17 mind the people of Anniston, people like Shirley 18 Williams Baker and her children and grandchildren. 19 Thank you. 20 MR. SCHREIBER: Thank you, Dr. Spears. 21 Would anybody else from the audience like to 22 come up to the podium and make a comment? 23 Thank you all for attending. 24 MR. SMITH: The meeting is for presentations. 25 Now, nobody has asked any questions about the ANPR. I

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 22 1 am willing to entertain questions about what it says 2 and what it means. 3 I am not willing to entertain questions about 4 where is EPA going with this. 5 So does anybody have any questions that they 6 don't quite understand or maybe the wording was not in 7 a way they understood what it meant. 8 Could you tell us what your name is please, 9 sir? 10 MR. BIDDLE: Mike Biddle. Just a question 11 about if it is clear that it is looking at current 12 authorizations, and whether those should be removed. 13 And I think that is my understanding. Is this process 14

-- 15 MR. SMITH: Could you come up here so she can 16 hear you? 17 MR. BIDDLE: I just want to know if this 18 process was going to be examining any new requests for 19 authorizations. That is all. 20 MR. SMITH: To answer that question, I would 21 look on page 17658, the center column, Section 10, and 22 that is the reconsideration of the use of 50 part per 23 billion level for excluded PCB products and in 24 particular what PCBs in Caulk. 25 I think that section has been read by some to

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 23 1 think that it is possible that EPA may issue a use 2 authorization for Caulk. I would say that I could read 3 it that way, too. 4 We're looking for folks to comment on whether 5 or not to have an authorization for Caulk, and if there 6 were an authorization, what should the concentration be 7 for the authorization and any other conditions for an 8 authorization. 9 Any other questions? 10 MS. LITTLE: I'm Katherine Little. I have 11 two questions. The first is whether or not -- there is 12 some studies mentioned in the ANPRs. Are those studies 13 publicly available? 14 MR. SMITH: Check the docket, and you can go 15 to regulations.gov and look at the docket for that 16 number. 17 MS. LITTLE: Okay. 18 MR. SMITH: That will give you all the 19 references that are in the ANPR, but I will caution you 20 that there are some that are copyrighted, and you can't 21 get those. 22 MS. LITTLE: Okay. 23 MR. SMITH: You would have to go to the 24 docket yourself and photocopy them. Someone asked me 25 about that the other day, and I said, "You know, I

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 24 1 found a lot of those on the internet." 2 So I'm a chemist not an attorney. I think 3 for copyright you may have the option of pulling 4 something off the internet for your own personal use, 5 but I would caution you about reproducing it for 6 others. So you can look for those references. I don't 7 think even that I can copy them and send them to you. 8 MS. LITTLE: Last week EPA issued a draft 9 dioxin reanalysis report for peer review and public 10 comment. Is there any relationship between that report 11 and this rule that the EPA will speak to today? 12 MR. SMITH: Short answer, no. Now, I would 13 say certainly from a very general perspective there are 14 PCBs that many scientist believe behave very similarly 15 to dioxin compounds and furans, chlorinated furans and 16 chlorinated dioxins. 17 So in that respect, I would assume that when 18 the EPA has as a final dioxin reassessment, certainly 19 one of the topics to be discussed is "How does that 20 impact the way we regulate PCBs?" 21 We were not at that point when we wrote the 22 ANPRs. We may be at that point when we write a Notice 23 of Proposed Rulemaking, which is the next step in the 24 process. 25 Any other questions?

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 25 1 Yes, Mr. Biddle. 2 MR. BIDDLE: I have a question if your slides 3 are available anywhere? I know you don't have many. 4 MR. SMITH: The slides will be in the docket 5 for each public meeting, and as soon as I get the 6 transcript, I load the public meeting, all the 7 documents, the sign-in sheets, any presentations that 8 are given to us, and all that becomes part of the 9 docket, and any meetings I have or that the EPA has 10 with anyone during the comment period, any e-mails I 11 receive from the public and write responses to, all of 12 that becomes part of the public record and will be put 13 into the docket. 14 So get on regulations.gov. It is for all 15 regulations, not just this one, and it is an amazing 16 tool for you to have access to federal regulations in 17 every stage. 18 Any other questions? 19 Well, if you don't think of it now and think 20 of it later, you can pose your questions to me by e21 mail. My e-mail address is Smith, S-M-I-T-H, 22 .JohnH@EPA.Gov. Don't forget the second "H". There 23 are four of us, and it will get to me quicker if it is 24 my address. 25 MR. PHENICIE: What is the address for the

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 26 1 regulations -- 2 MR. SMITH: For regulations.gov? 3 MR. PHENICIE: It is www.regulations.gov, and 4 there will be a prompt somewhere on there that asks you 5 for a docket number, and the docket number is EPA-HQ6 OPPT-2009-0757. 7 Now, I had a little instruction sheet I 8 walked through, Daemian. Is that in the back? 9 MR. SCHREIBER: Yes, there are some available 10 in the back. 11 MR. SMITH: I just wanted to see if I could 12 tell someone how to do it so it would be easier because 13 I don't find some of these sites to be Smith-user14 friendly. They might be designer-user-friendly for 15 whoever designed them, but I can't always make my way 16 through them, so I did what I call an instruction line 17 by line on where to find things, but please use it. I 18 find regulations.gov to be very useful as far as what 19 is in the docket. 20 You will go to some of those documents and 21 find it will be one page, and it will say that this is 22 copyright material, and the only way to get it is to go 23 to the docket. 24 Any other questions? 25 Again, this is not the end of the comment

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 27 1 period. You have time. If you have any questions, 2 please fell free to ask them, and if I can answer them 3 or if I'm allowed to answer them, based on the 4 regulatory process, I will be happy to answer the 5 questions, time permitting. 6 Thank you for coming. 7 (Whereupon, the public meeting was concluded 8 at 1:45 p.m.). 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 28 1 STATE OF GEORGIA: 2 COUNTY OF FULTON: 3 I hereby certify that the foregoing transcript was 4 reported, as stated in the caption, and the questions 5 and answers thereto were reduced to typewriting under 6 my direction; that the foregoing pages represent a 7 true, complete and correct transcript of the evidence 8 given upon said hearing, and I further certify that I 9 am not of kin or counsel to the parties in the case; am 10 not in the employ of counsel for any of said parties; 11 nor am I in any way interested in the result of said 12 case. 13 14 15 16 ___________________________ 17 NATALIE GAIL SHECKTON 18 19 20 21 22 23 24 25

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(866) 448 - DEPO www.CapitalReportingCompany.com © 2010 29 1 Disclosure Pursuant to Article 8(B) of the Rules 2 and Regulations of the Board of Court Reporting of the 3 Judicial Council of Georgia, I make the following 4 disclosure: 5 I am a Georgia Certified Court Reporter, here as a 6 representative of Elizabeth Gallo Court Reporting, LLC, 7 to report the foregoing matter. Elizabeth Gallo Court 8 Reporting, LLC, is not taking this deposition under any 9 contract that is prohibited by O.C.G.A. 15-14-37 (a) 10 and (b). 11 Elizabeth Gallo Court Reporting, LLC, will be 12 charging its usual and customary rates for this 13 transcript. 14 15 16 17 18 __________________________ 19 NATALIE GAIL SHECKTON 20 21 22 23 24 25

### Capital Reporting Company Meeting 05-25-2010 Page 1

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