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PUBLIC MEETING FOR THE PCB

ADVANCED NOTICE OF PROPOSED RULEMAKING

~~~~~~~~~~~~~~~~~~~~~~~~~~

 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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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

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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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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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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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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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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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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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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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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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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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
Capital Reporting Company

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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
Capital Reporting Company

Meeting 05-25-2010

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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
Capital Reporting Company

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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
Capital Reporting Company

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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
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accepting 5:10

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accurately 6:15

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acting 17:8

activities 9:19 10:2

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addition 5:8,20

additional 4:14

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addressing 16:21

adherence 16:8

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afternoon 3:17

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agencies 17:2

agency 3:4 13:7

Agency's 4:18

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ahead 3:18

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Alabama 3:24

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allowance 20:10

allowed 27:3

alone 16:3

already 7:2

alternatives 11:15

am 3:19 4:1 22:1,3

28:9,11 29:5

amazing 25:15

America 12:15

American 15:25

Americans 18:2

ample 6:8

amplified 13:21

animals 9:2

Anniston

14:7,11,16,22,24

15:4,8,10

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20:24 21:6,14,17

ANPR 5:1 11:4

21:25 23:19

ANPRM 18:22

ANPRs 23:12

24:22

answer 4:25 22:20

24:12 27:2,3,4

answers 15:17

17:16 28:5

anybody 21:21

22:5

anyone 3:14 25:10

anywhere 12:12
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Appeals 10:22

appear 16:12

applications 8:2

appreciate 5:3

approach 16:23

appropriate 18:20

approved 16:5

approximately 6:1

7:19 12:11

April 4:18 5:18

arbitrary 10:15,16

are/were 8:7

areas 13:22 18:22

art 19:2

Article 29:1

assist 5:4

associated 16:24

Association 12:15

assume 7:24 11:22

24:17

assuming 7:3

Atlanta 1:11,14

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ATSDR 15:13

17:4

attending 21:23

attorney 24:2

audience 21:21

authorities 14:25

authority 7:10 9:4

19:11,15 20:2,22

authorization 7:11

10:9,10,14,18,19

,21,25

23:2,5,6,7,8

authorizations

4:11,19 9:11

16:6 22:12,19

authorize 9:17

10:1

authorized 8:14

10:12

automatic 20:15

available 4:24

5:14 6:10 12:2

23:13 25:3 26:9

average 18:3

aware 18:10

B

background 5:23

6:23

Baker 15:9,17

21:18

ban 10:11,12

15:24,25

banned 16:13

bans 9:6

baptizing 15:22

based 9:8 27:3

bases 20:19

basic 15:16

becomes 16:21

25:8,12

begin 5:23 19:13

behave 24:14

beings 16:15

believe 24:14

belong 17:19

benefit 14:16

beyond 18:13

Biddle 2:6

22:10,17 25:1,2

bill 19:9,14,25

billion 7:19 21:13

22:23

bill's 20:14

bioaccumulative

18:8

biphenyls 4:12

bit 12:9

Black 18:2

blew 18:16

blood 15:2

Board 29:2

bodies 14:10 15:2

17:21

Branch 3:20

break 6:1

Brett 3:7

briefly 14:5

bring 19:13

burden 10:19

19:18

burial 19:4

burning 8:20

C

cancer 8:25 9:2

capacitors 16:19

capacity 11:14

16:20 18:24

20:21

capricious

10:15,17

caption 28:4

carbonless 8:12

Carolina 3:25

case 28:9,12

Caucasian 18:4

caught 18:16

Caulk 22:24

23:2,5

caulk/sealants

8:12

caution 23:19 24:5

CCR-2294-B 1:18

CDC's 17:3

center 1:12 17:3

22:21

certain 9:24 10:25

certainly 24:13,18

certainty 19:23

20:6

Certified 29:5

certify 28:3,8

changes 14:3

19:12,25

characteristics

11:10

charging 29:12

cheaper 16:18

Check 23:14

chemical 4:2 6:22

7:16 14:12

19:5,22,23

chemicals 18:9

19:9 20:6,8

chemist 24:2

Chief 3:20

children 21:5,9,18

chloracne 8:21

chlorinated

24:15,16

choose 19:3

chronic 8:23

Circuit 10:22

circulation 16:2
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citizen's 16:7

clarifying 4:25

class 18:8

classes 20:8

clause 20:4,15

clear 22:11

clearly 6:14

coast 4:15

Cobb 14:20

cognitive 21:8

coincides 19:8

co-investigator

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Coldwater 14:18

column 22:21

comes 10:21

coming 6:20 27:6

comment 3:15

4:15 5:8 11:18

12:12,16,17

21:22 23:4 24:10

25:10 26:25

comments 4:10,21

5:10,11,19,20

6:8,9,15

11:7,19,25

12:7,10

commerce 4:13

9:18

commercially 7:16

communities

15:20 19:6

Community 18:1

community/tribal

15:12

Company 14:12

complete 28:7

compounds

7:16,18 24:15

comprehensive

13:8

comprised 14:19

concentration

9:13 11:16 23:6

concern 18:22

20:3

concerns 17:22

concluded 27:7

condition 20:12

21:1

conditions 9:12

23:7

conductivity 8:5

congregations

15:23

Congress 13:9

19:8

consequences

16:25 17:1,5

consider 20:25

considering 4:14

12:16,18 13:12

16:17

Consortium 15:11

constitutes 3:23

contain 7:18 18:17

containing 20:17

21:3

contains 20:15

contaminated

15:22

contamination

14:9 15:1

contents 4:25

context 21:16

continued 16:7

18:11 20:10

contract 29:9

Control 9:5 13:10

convey 15:17

copy 8:12 24:7

copyright 24:3

26:22

copyrighted 23:20

correct 12:6 28:7

correlation 21:7

cost 16:21 17:4,7

cost-risk 14:15

costs 11:12,15

13:24 16:24

17:7,9

Council 29:3

counsel 28:9,10

country 5:10

COUNTY 28:2

court 6:13 10:22

29:2,5,6,7,11

Cox 4:2

creating 10:9

creek 15:23

creeks 14:10

current 4:11 10:25

22:11

customary 29:12

cutting 8:9

D

Daemian 26:8

dangers 18:11

data 4:22 17:13

date 10:3 11:20

day 23:25

days 12:12,13,14

deadline 11:22

debates 13:9

decaying 20:19

declines 17:22

decompose 8:3

decreased 17:21

deep 15:6

definition 14:3

deliver 4:21

delivered 5:20

delivery 5:17

demonstrate 19:20

denials 16:7

Department 3:5

deposition 29:8

designed 19:9

26:15

designer-userfriendly 26:14

detailed 17:17

deteriorating

20:12

determine 11:1

determined 9:24

developmental

8:24

dielectric 8:8

different 7:16,18

12:13 20:5,9

dioxin 24:9,15,18

dioxins 24:16

direction 28:6

disclosure 29:1,4

discussed 24:19

disorders 8:24

disparate 13:25

17:23

disposal 11:14
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18:23 19:3

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distribution 4:12

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Division 3:21 4:7

docket 5:12,14

6:10 11:20

12:4,6

23:14,15,24

25:4,9,13

26:5,19,23

document 13:16

15:19 16:16 17:8

18:7,23

documentation

19:22

documents 25:7

26:20

done 4:8 18:25

doors 6:3 14:14

Dr 2:5 13:2,3

21:20

draft 24:8

during 4:15 25:10

E

easier 26:12

eating 15:20

economics 13:23

effect 15:24 20:7

effective 10:3

18:18

effectively 8:20

10:10

effects 7:9

8:17,18,19,23,24

9:2 21:10

eight 3:23

elasticity 8:4

Electric 12:13

electrical 8:5

12:14 20:13

Elizabeth

29:6,7,11

Ellen 2:5 13:2

else 13:1 21:21

e-mail 3:8,11

25:21

e-mails 25:10

employ 28:10

enclosed 9:19,25

14:4 16:12 20:10

encourage 5:19

endangerment

20:3,25

Energy 3:5

engaged 14:22

enhance 19:14

entering 11:21

entertain 22:1,3

environment 5:5

9:9,21 11:3

19:21

environmental

11:15

13:13,14,23

15:11 16:24 17:3

environments

17:21

EPA 3:22,23

4:5,14,17,24

5:10,17 7:12

9:8,15,16 10:14

11:9 12:4 13:4

14:22,24

19:10,20 20:1

22:4 23:1

24:8,11,18 25:9

EPA-HQ 5:14

26:5

EPA's 4:10 16:14

19:14 20:22

equation 17:19

equipment

11:10,11,13

18:19

20:13,17,19,23

21:2

especially 13:11

establish 10:20

20:4,8

evening 12:20

events 11:13

everybody 3:9

everyone 6:8

evidence 28:7

examining 22:18

exceptions 9:8,10

excess 18:23

excluded 22:23

exempt 18:19

exemptions

16:5,11 20:16

exist 18:24

existing 10:13

expertise 13:13

Explanation 2:4

exposure 15:5

16:8,14 17:6

18:9,11 21:11

exposures 15:3

17:2 19:1 21:7

extend 12:12,17

extending 12:16

extends 18:12

extensions 20:16

extent 14:25

externalities 13:24

17:18

eyes 8:20

F

face 8:21

facilities 18:24

failure 11:11

familiar 14:7

families 14:20

federal 1:12 5:18

17:2 25:16

federally-funded

17:25

fell 27:2

Fewer 21:11

Fifth 10:22

final 10:3 24:18

findings 9:8 16:14

fire 18:16

first 7:15,25 12:10

14:5 23:11

fish 15:21

five 10:2 14:17

21:11

five-year 10:5

Florida 3:25

fluid 8:9

fluids 8:9

focus 13:14,15

folks 12:23 13:4

14:16 23:4

foregoing 28:3,6

29:7

forget 3:12 25:22

form 9:11
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formulated 7:17

formulations 8:11

Forsyth 1:13

Fortunately 16:16

forward 21:15

forward-looking

16:17

fourth 4:9

free 27:2

frequently 13:22

friendly 26:14

fully 13:21

FULTON 28:2

furans 24:15

G

GAIL 1:18 28:17

29:19

Gallo 29:6,7,11

Gas 12:15

gather 4:10

general 12:13

24:13

generally 9:6

Georgia 1:14 28:1

29:3,5

Gettle 2:3 3:17,19

given 20:11 25:8

28:8

giving 19:15

grandchild 15:15

grandchildren

21:18

granted 19:10

granting 20:15

greater 18:4

Griffith 13:2

groups 18:5

H

half 7:19,24 14:17

hall 6:3

hand 5:13,17

handlers 17:14

handling 14:7

17:11

handout 12:1

happy 27:4

harm 19:24 20:7

having 11:6 12:18

hazardous 16:9

21:3

Headquarters

5:17

health 7:9 8:17

9:2,20 11:2

13:15 15:5,11

16:10,24

17:3,5,13,18

18:1 19:21

health-related

17:1

hear 22:16

hearing 4:9 28:8

heat 8:4,9

held 4:15

help 9:9

hereby 28:3

Hi 3:7

higher 21:14

highlight 14:5

historian 13:14

history 13:15

home 15:1

hopefully 5:13

hot 18:13

HQOPPT-2009-075

7 12:5

human 8:17 11:2

14:6 16:10,15

17:21

hydraulic 8:9

I

I'm 6:21 7:3,6,8

11:21 12:23 14:7

23:10 24:2 27:3

impact 11:13,15

13:25 24:20

impacts 17:23

importance 18:12

important 8:1

12:5 13:16

importantly 19:17

importation 13:25

17:12 20:16,23

21:2

improvements

13:12

inadequate 20:21

inches 19:17

include 9:12

included 20:4

including 9:2 15:9

16:5 18:19

inclusion 13:22

inconsistent 16:13

increase 16:22

individuals 21:14

industrial 8:1

information 4:22

5:4 6:14 7:12

10:21 11:5,9

13:18 17:5,8

19:16

initiating 4:18

injury 9:9,20

19:21

ink/pigments 8:13

instruction

26:7,16

insurance 11:12

insurmountable

19:19

interested 28:11

international

19:14

internet 24:1,4

Interstate 12:14

interviewed 14:8

intown 18:14

Introductory 2:3

investigate 17:1

investigations

16:9

irritation 8:20

issue 5:5 23:1

issued 4:17 24:8

issues 4:10

it's 10:15

J

Jeaneanne 2:3

3:19 7:1 12:4,24

John 3:8 4:1,3

6:21 13:3

JohnH@EPA.Gov

25:22

joined 4:1

joining 5:2

Judicial 29:3
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K

Katherine 23:10

Kentucky 3:25

kids 15:21

kin 28:9

kinds 8:18

knew 15:7

L

lady's 6:4

language 18:20

20:14

largely 16:1

Last 24:8

later 5:22 25:20

lay 18:19

lead 17:6

leak 16:20

least 14:23 21:4

leave 6:18

leaving 20:18

legacy 15:5

legislation 19:17

21:16

less 10:14,16,20

letting 15:21

level 21:13 22:23

levels 17:20 18:3,4

21:5,11,13,14

licensed 15:9

lie 14:18 17:2

limited 5:6 6:7

limits 9:13

line 19:13

26:16,17

list 3:8

listed 5:18

listen 3:15,16

literature 13:23

little 2:7 12:1

23:10,17,22 24:8

26:7

live 21:6

lived 14:9

liver 8:23

LLC 29:6,8,11

load 25:6

local 14:13

located 6:2

location 9:12

long 13:8 16:8

longer 8:8

long-term 8:23

lot 4:7 7:2 24:1

low 8:5 21:11

lower 21:5

lubricants 8:10

M

mail 5:17 25:21

management 3:21

11:11

manner 9:19

20:11

manufacturer 9:7

13:25

manufacturing

9:17

material 26:22

matter 18:12 29:7

may 1:8 3:2 5:11

11:1 13:1 16:15

17:2,22 19:1

23:1 24:3,22

maybe 22:6

means 22:2

meant 15:25 22:7

measures 17:20

meet 11:4

meeting 1:1,6 3:1

4:20 5:9,22 6:18

11:6 21:24

25:5,6 27:7

meetings 4:14

12:18 25:9

meets 19:23

members 15:22

mens 6:4

mentioned 19:7

23:12

message 15:16

metal 11:14

midnight 11:23

Mike 22:10

military

20:17,19,23

million 14:17 16:1

18:6

mind 20:24 21:17

minutes 6:7 7:7

12:24

mistrust 15:6

mixtures 7:17 8:3

moment 13:11

Monsanto

14:12,24

mothers 21:8

Mountain 14:18

movement 19:8

moves 21:15

much-needed

13:18

N

NATALIE 1:18

28:17 29:19

National 17:3

Natural 12:15

nearby 14:9 18:25

nearly 19:19

necessary 13:17

neighborhood

18:15

neighborhoods

14:20

neutralization

19:3,5

newsflash 12:9,10

nobody 21:25

non 9:18,24

non-liquid 8:11

11:16

non-totally 16:11

nor 14:24 28:11

north 3:24,25

Notice 1:2 4:17,22

5:24 6:24 12:8

24:22

noticeable 17:4

notices 16:4

notification 14:2

18:17

notify 18:25

numerous 9:1

21:13

NUNN 1:11

nurse 15:10

O
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O.C.G.A 29:9

Oakridge 3:6

objective 10:24

11:4

objectives 7:12

odds 16:14

Office 3:6 4:2 5:15

6:22

oils 8:10

Okay 23:17,22

old 16:8

onsite 19:3

Operations 3:6

opportunity 4:21

13:5,24 17:7

OPPT 5:15

OPPT-2009-0757

26:6

option 24:3

order 10:13

others 24:6

otherwise 5:14

outset 19:7

overall 17:20

overdue 13:8

overhaul 19:10

overtime 8:3 16:21

P

p.m 1:9 5:23 11:20

27:8

page 2:2 22:21

26:21

pages 28:6

paint/coatings

8:13

paper 8:12

participants

18:3,5

particular 21:12

22:24

particularly 17:23

parties 28:9,10

PBT 18:9

PCB 1:1,6 2:4 3:1

4:8,19 9:11,25

11:16 14:9,25

15:21,24

16:13,16,18,21

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