United States Environmental Protection Agency (U.S. EPA) 

Science Advisory Board (SAB)

Advisory Meeting

June 11, 2014

Meeting Minutes

Date and Time: June 11, 2014, 11:00 a.m. – 1:00 p.m. Eastern Time

Location: By telephone.

Purpose: to discuss planned actions identified in the agency’s Fall 2013 regulatory agenda and 

their supporting science.

Meeting Participants:

SAB Members (See Roster1)

Dr. David T. Allen, SAB Chair 

Dr. George Alexeeff

Dr. Peter Chapman

Dr. Terry Daniel

Dr. George Daston 

Dr. Costel Denson

Dr. Otto C. Doering, III

Dr. Michael Dourson

Dr. Joel Ducoste

Dr. T. Taylor Eighmy

Dr. Elaine Faustman

Dr. R. William Field

Dr. Cynthia M. Harris

Dr. Robert Johnston

Dr. Kimberly L. Jones

Dr. Catherine Karr

Dr. Nancy K. Kim

Dr. Francine Laden

Dr. James R. Mihelcic

Dr. Eileen Murphy

Dr. James Opaluch

Dr. Amanda Rodewald

Dr. Gina Solomon 

Dr. Daniel Stram

Dr. Peter Thorne

Dr. Paige Tolbert

Dr. Peter Wilcoxen

SAB Staff:

Dr. Angela Nugent, SAB Staff Office, Designated Federal Officer (DFO) 

Mr. Thomas Carpenter, DFO for the SAB Work Group on EPA Planned Actions for SAB 

Consideration of the Underlying Science

Other Attendees:

Attachment A lists members of the public who requested the call-in information for this 

meeting.

Meeting Materials:

All materials provided to the SAB for this meeting are available on the SAB website at: 

http://yosemite.epa.gov/sab/sabproduct.nsf/a84bfee16cc358ad85256ccd006b0b4b/177ad

6ad17fe9fd585257cd0005bdc3c!OpenDocument&Date=2014-06-11

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Meeting Summary:

Convene the meeting

Dr. Angela Nugent, Designated Federal Officer (DFO), formally opened the meeting and noted 

that this federal advisory committee meeting of the SAB had been announced in the Federal 

Register on May 14, 2014 (79 FR 27604-27605). She briefly noted that the EPA Science 

Advisory Board (SAB) is an independent, expert federal advisory committee chartered under the 

authority of the Federal Advisory Committee Act (FACA). The SAB is empowered by law - the

Environmental Research, Development, and Demonstration Authorization Act (ERDDAA) - to

provide advice to the EPA Administrator on scientific and technical issues that inform EPA's 

decisions. The DFO noted that the Federal Register notice announcing the meeting had provided 

the public with an opportunity to provide written and oral comment. There were no advance 

requests for oral comment and no written commentssubmitted in advance of the meeting. She 

noted that there would be an opportunity for clarifying comments from the public or clarifying 

remarks from agency representatives. She asked that anyone wishing to provide such comments 

or remarks to inform her by email after the SAB concludes its discussions of agency planned 

actions and their supporting science and before Board disposition of that action.

Dr. Nugent stated that the SAB consists entirely of special government employees (SGEs) 

appointed by EPA to their positions. As government employees, the members are subject to all 

applicable ethics laws and implementing regulations. The EPA has determined that advisors 

participating in this meeting have no financial conflicts of interest or appearance of loss of 

impartiality under ethics regulations specified in 5 CFR 2635 relating to the topics to be 

discussed at the meeting.

Goals and agenda for the meeting

Dr. David Allen, the SAB Chair, welcomed the group. He reviewed the agenda2 and noted that 

the major agenda item was to consider recommendations from the workgroup considering major 

actions in the Fall 2013 Regulatory Agenda. During the call, the chartered SAB would: (1) 

receive a report from Dr. James Mihelcic, Chair of the SAB Work Group on EPA Planned 

Actions for SAB Consideration of the Underlying Science; (2) discuss the Work Group 

recommendations; (3) receive any additional clarifying comments that the public wishes to 

provide or clarifying remarks that the agency wishes to provide; and (4) discuss the disposition 

of the Work Group’s recommendation

Discussion of Planned Agency Actions and their Supporting Science

Dr. Mihelcic gave a short presentation that summarized the process used by the SAB work group 

to consider major planned actions in the Fall 2013 Regulatory Agenda, criteria used for decision 

making, and the decisions reached by the Work Group. The information summarized was 

contained in the May 13, 2014 “Memorandum from the SAB Work Group on EPA Planned 

Actions for SAB Consideration of the Underlying Science with recommendations for chartered 

SAB consideration” posted on the SAB website.3 Dr. Mihelcic acknowledged the contributions 

of Work Group members Drs. Peter M. Chapman, Taylor Eighmy, H. Christopher Frey, 

Kimberly L. Jones and Kristina D. Mena in gathering needed information and deliberating to 

arrive at the recommendations in the memorandum. The Work Group recommended that no 

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further SAB consideration was warranted for the five major actions considered (listed in the table 

below).

RIN Full Title of Major Planned Actions

2060-AR88 Standards of Performance for Greenhouse Gas Emissions from Modified Sources: Electric 

Utility Generating Units

2060-AS16 Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines 

and Vehicles - Phase 2 

2050-AG74 Additions to List Section 241.4 Categorical Non-Waste Fuels

2050-AG77 Hazardous Waste Export-Import Revisions Rule

2040-AF03 Development of Best Management Practices for Recreational Boats under § 312(o) of the Clean 

Water Act

After Dr. Mihelcic had completed summarizing the Work Group report, the SAB Chair discussed 

how the chartered SAB would discuss and dispose of the Work Group’s recommendations.

Similar to the process used for past discussions, the Board would consider recommendations for 

each action independently and could consider a variety of options, including options used in past 

review such as taking no action, monitoring agency activity to see if a future SAB review were 

warranted, and monitoring current SAB reviews to determine if they sufficiently address needed 

scientific questions. The Board could also initiate an advisory activity to provide advice and 

comment, if the Board determines a need. The chartered SAB’s screening process for reviewing 

information about planned actions announced in the regulatory agenda was designed to allow the 

SAB to provide the Administrator with science advice early in the development of a planned 

action, when the Board determines a need. Initial determinations not to comment on planned 

actions do not prevent the Board from providing advice at a later time.

Dr. Allen then asked chartered SAB members for any questions about the Work Group’s report 

and recommendations.

Regarding planned action 2050-AG77, Hazardous Waste Export-Import Revisions Rule, a 

member asked whether the Work Group considered how additional chemicals, such as beryllium, 

might be added. Dr. Mihelcic responded that the Work Group understood the action as a 

procedural rule modifying existing procedures, where there was no need for new science. 

Regarding planned action 2050-AG74, Additions to List Section 241.4 Categorical Non-waste 

Fuels, a member asked about the kinds of information that the EPA provided related to including 

creosote-treated railroad ties. Dr. Mihelcic responded that the information provided on pages C-1 

and 2 of the Work Group report detailed the information provided to the Work Group prior to the 

publication of the rule. The member asked whether the Agency had considered data availability 

and comparisons for other halogens, such as chlorine. Dr. Mihelcic noted that Work Group 

member Dr. Kristina Mena examined technical information in the EPA docket comparing 

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contaminant release when burning creosotes, compared to other fuels. Mr. Thomas Carpenter, 

DFO to the Work Group, noted that the EPA proposed rule was published during the time of the 

Work Group’s deliberations and that Dr. Mena had access to and reviewed the technical 

information supporting to the rules. The chartered SAB members expressed thanks for Dr. 

Mena’s efforts and noted the need for the Work Group’s specific examination of these technical 

documents be noted in the minutes of the Board’s deliberations during this June 11, 2014 

teleconference.* The final comment on this action came from the SAB Chair, who noted that on 

page D-10 of the Work Group memo, which contains the EPA’s discussion of its planned action, 

the pronoun “We” refers to the EPA and not the SAB.

Regarding planned action 2040-AF03, Development of Best Management Practices for 

Recreational Boats under § 312(o) of the Clean Water Act, a chartered SAB member asked for 

additional explanation for recommending no further SAB action; page D-19 of the Work Group 

memorandum indicated that the action merited a high level of interest because it addressed areas 

of substantial uncertainties, involved major environmental risks, related to emerging 

environmental issues, and exhibited a long-term outlook. Dr. Mihelcic explained that the Work 

Group intended to communicate that the broad general issue of invasive organisms is important 

and of high concern, but that the planned action to develop a regulation for Best Management 

Practices (BMP) for individual recreational boat owners does not rise to the level of SAB 

attention. In response, an SAB member noted that scientific questions related to the effectiveness 

of potential BMP requirements is a major issue. Dr. Peter Chapman, the Work Group member 

who focused on this action, stated that although he considered this action as initially meriting 

action, the Work Group concluded that the expert workshop being planned by the agency would 

provide an appropriate amount and level of technical outside input on the science needed for this 

action. The SAB Chair noted that SAB members could participate in the workshop, or help 

identify speakers and topics to be addressed at the workshop. He asked any agency personnel 

present on the call to provide an update on the workshop during the time for clarifying comments 

noted on the agenda.

An SAB member then asked a general question regarding how the SAB can and will follow up 

on planned actions discussed in the context of reviewing the regulatory agenda. Many of the 

discussions depend on the agency’s characterization of planned actions at a particular point in 

time. The SAB Chair responded that the SAB disposition of recommendations regarding planned 

actions concern only actions to be taken by the Board at a given point in time. Some of those 

dispositions indicate that the SAB is waiting for a variety of things to happen before deciding to 

take action, for example, waiting for: a proposed rule to be published; action from other 

organizations; or the outcome of SAB peer reviews underway, such as the SAB’s peer review of 

ORD’s 2013 draft report on the Connectivity of Streams and Wetlands to Downstream Waters: A 

Review and Synthesis of the Scientific Evidence, which underlies the EPA’s proposed 

Waters of the United States Rule. 

* Following the teleconference Mr. Carpenter provided the following information. Action 2050-AG74, Additions to 

List Section 241.4 Categorical Non-waste Fuels, was published as a proposed rule in the Federal Register on April 

14, 2014 the proposed rule was published in the Federal Register and the docket for the rule was made available to 

the public. EPA compiled information on contaminants in creosote-treated railroad ties by several petitioners and 

compared contaminant data to information on traditional fuels (e.g., biomass (including wood) and fuel oil) obtained 

from EPA databases and literature sources. Dr. Kristina Mena reviewed these data and reported to the Work Group 

that the EPA appropriately investigated contaminants found in creosote-treated railroad ties with traditional fuels. 

The proposed rule requires that creosote-treated railroad ties only be combusted in units designed to burn both 

biomass and fuel oil. This information is available on Regulations.gov (http://www.regulations.gov ) in Docket 

EPA-HQ-RCRA-2013-0110.

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The SAB then continued to discuss the other recommendations from the Work Group. 

Regarding planned action 2060-AS16, Greenhouse Gas Emissions and Fuel Efficiency Standards 

for Medium- and Heavy-Duty Engines and Vehicles - Phase 2, the SAB Chair asked whether the 

Work Group took any special note that a report from the National Research Council Board on 

Energy and Environmental Systems on the science associated with this action was anticipated 

this year. That NRC Board conducts ongoing review of science associated with the EPA’s 

Greenhouse Gas Emissions and Fuel Efficiency Standards. Dr. Mihelcic responded that the Work 

Group primarily considered that the EPA’s plans for peer review of the Greenhouse Gas 

Emissions Model were adequate and did know that a National Academy of Science report was 

forthcoming.

Regarding planned action 2060-AR88, Standards of Performance for Greenhouse Gas Emissions 

from Modified Sources: Electric Utility Generating Units, there were several questions about the 

relationship of this action to other greenhouse gas regulations being developed by the agency.

The SAB Chair clarified that the Board had considered two previous greenhouse gas actions at a 

public meeting in December 2013 and a public teleconference in January 2014. For the action 

2060-AR33, Greenhouse Gas New Source Performance Standard for Electric Generating UnitsEmission Guidelines for Existing Sources, the chartered SAB had accepted the Work Group 

recommendation that no further SAB consideration was merited. For the action 2060-AQ91, 

Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric 

Utility Generation Units, the chartered SAB decided that no further SAB consideration was 

merited on this specific action, but that the SAB would follow up with the agency to better 

understand the scientific basis for agency decisions related to carbon sequestration. 

Members asked several other questions and made several comments. One noted the importance 

of societal impacts of the EPA’s proposed actions. Another member asked whether the proposed 

action 2060-AR88 specified a level of carbon dioxide per megawatt hour. Dr. Mihelcic 

responded that the action under discussion anticipated a technology-based standard, not a set 

numerical criteria. The SAB Chair asked whether the technical documents and related peer 

review informing the EPA’s planned action were publicly available. Mr. Thomas Carpenter 

noted that the documents were available. Dr. Allen asked that links to those documents be made 

part of the record for the chartered SAB’s deliberations at the teleconference. Following the call, 

Mr. Kevin Culligan from the EPA’s Office of Air and Radiation provided the required 

references.†

Clarifying comments from the EPA

Ms. Sandy Evalenko from the EPA’s Office of Water informed the SAB that the EPA has not 

made resources available in 2014 for the workshop being planned to inform planned action 2040-

AF03, Development of Best Management Practices for Recreational Boats under § 312(o) of the 

Clean Water Act. The EPA is planning to hold the workshop in 2015 or 2016.

† On June 25, 2014, Mr. Kevin Culligan indicated that two sets of documents from the National Energy Technology 

Laboratory were used in the development of action 2060-AR88: (1) Energy Analyses; Cost and Performance 

Baselines for Fossil Energy Plants, available at http://www.alrc.doe.gov/energy-analyses/baseline_studies.html and 

(2) Cost and Performance of PC and IGCC Plants for a Range of Carbon Dioxide Capture, available at 

http://netl.doe.gov/research/energy-analysis/publications/details?pub=fabd3a08-896b-4b26-aabe-483594cd7e91. 

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Mr. Kevin Culligan, from the EPA’s Office of Air and Radiation informed the SAB that action 

2060-AR88, Standards of Performance for Greenhouse Gas Emissions from Modified Sources: 

Electric Utility Generating Units, had been signed by the Administrator on June 2, 2014 and 

released to the public. Technical documents supporting this proposed action have been available 

to the public.

Disposition of Work Group Recommendations

The SAB Chair asked for a motion for each action.

Regarding planned action 2060-AS16, Greenhouse Gas Emissions and Fuel Efficiency Standards 

for Medium- and Heavy-Duty Engines and Vehicles - Phase 2, Dr. Allen moved that Board take

no additional action on this planned regulatory action at this time and note the ongoing review by 

the National Research Council. Dr. James Opaluch seconded the motion. There was no 

discussion. The motion was accepted unanimously with none abstaining.

Regarding planned action 2050-AG74, Additions to List Section 241.4 Categorical Non-waste 

Fuels, Dr. Allen moved that the Board take no additional Board action at this time beyond 

providing information in the meeting minutes about the Work Group’s May 13, 2013 

recommendations memorandum. Dr. Kimberly Jones seconded this motion. There was no 

discussion. The motion was accepted unanimously with none abstaining.

Regarding planned action 2050-AG77, Hazardous Waste Export-Import Revisions Rule, Dr. 

Allen moved that the Board take no additional Board action at this time beyond providing 

information in the meeting minutes about the Work Group’s May 13, 2013 recommendations 

memorandum. Dr. Peter Thorne seconded this motion. There was no discussion. The motion was 

accepted unanimously with none abstaining.

Regarding planned action 2040-AF03, Development of Best Management Practices for 

Recreational Boats under § 312(o) of the Clean Water Act, Dr. Allen took note of the EPA 

comment that the agency is not planning the workshop in 2014 because resources are not 

available. Dr. Allen moved that the EPA SAB Staff Office initiate discussions with the agency 

about the SAB organizing an expert workshop on this topic and involve interested board 

members, who would self-identify, to form a work group to help organize the Board’s activities 

in this area. Dr. Michael Dourson seconded the motion. There was Board discussion. A member 

questioned whether an expert workshop was the best way to get relevant science to the agency

and translated into policy. A Board member noted the importance of the Work Group’s ranking 

of this action as high on many criteria and asked whether the motion should be reframed. 

Another Board member noted the possibility of industry and nongovernmental organizations 

supporting and helping to fund a needed workshop.

Dr. Allen amended the motion in the following way: he moved that the EPA SAB Staff Office 

work with a Work Group composed of interested Board Members to initiate discussions with the 

EPA about follow-up activities related to the science informing this planned action. Dr. James 

Opaluch seconded this motion. The motion was accepted unanimously with none abstaining. The 

SAB Chair asked members to contact Dr. Nugent if they wished to be involved in the work 

group. Dr. Allen noted that the SAB would discuss this topic at the next available Board 

meeting.

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Regarding planned action 2060-AR88, Standards of Performance for Greenhouse Gas Emissions 

from Modified Sources: Electric Utility Generating Units, Dr. Allen moved that the Board take 

no additional Board action at this time beyond including information about the availability of the 

National Energy Technology Laboratory’s technical documents in the minutes of this chartered 

SAB teleconference.

‡ Dr. Taylor Eighmy seconded this motion. There was no discussion. The 

motion was accepted unanimously with one member, Dr. Michael Dourson, abstaining.

Brief discussion of plans for upcoming meeting of the chartered SAB

The DFO, Dr. Angela Nugent, stated that the chartered SAB will be holding a joint public 

meeting, at the request of the Office of Research and Development (ORD), with ORD’s Board of 

Scientific Counselors on July 24-25, 2014, in Washington, DC. Teleconferences to help prepare 

for the meeting are being planned and will be announced in the Federal Register. Additional 

information for members about preparations for these sessions will be forthcoming.

The teleconference was adjourned at 12:52 p.m.

Respectfully Submitted, Certified as Accurate,

/Signed/ /Signed/

Dr. Angela Nugent

SAB Designated Federal Officer

Dr. David T. Allen

SAB Chair 

NOTE AND DISCLAIMER: The minutes of this public meeting reflect diverse ideas and

suggestions offered by committee members during the course of deliberations within the

meeting. Such ideas, suggestions, and deliberations do not necessarily reflect definitive

consensus advice from the panel members. The reader is cautioned to not rely on the

minutes to represent final, approved, consensus advice and recommendations offered to the

Agency. Such advice and recommendations may be found in the final advisories,

commentaries, letters, or reports prepared and transmitted to the EPA Administrator

following the public meetings.

‡ Mr. Kevin Culligan of the SAB Staff informed the SAB Staff on June 23, 2014 that the website 

http://www.netl.doe.gov/research/energy-analysis/energy-baseline-studies listed the studies that the EPA considered 

when it evaluated whether carbon capture and should be considered BSER for modified, reconstructed and existing 

units.

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Attachment A: Members of the public attending the public teleconference:

Doug Austin, Institute of Clean Air Companies

Robin Bravender, Environment & Energy Publishing, LLC

William Charmley, EPA 

Kevin Culligan, EPA

Sandy Evalenko, EPA

Robert Fegley, EPA

Caroline Hardie, Environment Canada 

Ben Hecht, EPA

Maria Hegstad, Inside EPA

Mindy Lemus, Edison Electric Institute

Carl Mazza, Carl, EPA 

Jessica Reiss, Global Solutions Practice

Pat Rizzuto, BNA

Tara Rothschild, Committee on Energy and Commerce

Patsy Root, IDEXX 

Amina Salyed, BNA

Kathryn Sargeant, EPA

Stephen Silverman, EPA

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Materials Cited

The following meeting materials are available on the SAB Web site,

http://www.epa.gov/sab, at the page for the June 11, 2014 teleconference :

http://yosemite.epa.gov/sab/sabproduct.nsf/a84bfee16cc358ad85256ccd006b0b4b/177ad6ad17fe

9fd585257cd0005bdc3c!OpenDocument&Date=2014-06-11

1 Roster of SAB members

2 Agenda

3 May 13, 2014 Memorandum from the SAB Work Group on EPA Planned Actions for SAB 

Consideration of the Underlying Science with recommendations for chartered SAB 

consideration.

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