Page 1 U.S. CHEMICAL SAFETY BOARD + + + + + AL SOLUTIONS DUST FIRE AND EXPLOSION UPDATE ON FREEDOM INDUSTRIES + + + + + PUBLIC MEETING + + + + + WEDNESDAY, JULY 16, 2014 + + + + + U.S. CHEMICAL SAFETY BOARD MEMBERS PRESENT: RAFAEL MOURE-ERASO, Ph.D., Chairperson, U.S. Chemical Safety Board MARK A. GRIFFON, Member, U.S. Chemical Safety Board STAFF PRESENT: DANIEL M. HOROWITZ, Ph.D., Managing Director RICHARD C. LOEB, General Counsel JOHNNIE BANKS, CFEI, Supervisory Investigator LUCY TYLER, CSP, Investigator This transcript produced from audio provided by the U.S. Chemical Safety Board. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com 135 C E R T I F I C A T E MATTER: AL Solutions Dust Fire and Explosion Update on Freedom Industries Public Meeting DATE: July 16, 2014 I hereby certify that the attached transcription of pages 1 to 135 inclusive are to the best of my belief and ability a true, accurate, and complete record of the above referenced proceedings as contained on the provided audio recording. ----------------------- NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com Page 2 A-G-E-N-D-A Opening Statements Rafael Moure-Eraso, Chairperson. . . . . 3 Mark Griffon, Board Member . . . . . . . . . .10 Statement on behalf of Senator Jay Rockefeller Wes Holden, Office of the Senator. . . . . . .13 Presentation of the CSB's AL Solutions Findings and Recommendations Johnnie Banks, CFEI, Supervisory Investigator . . . . . . . . Mark Wingard, CFEI, Investigator . Lucy Tyler, CSP, Investigator. . . Christina Morgan, Recommendations Specialist . . . . . . . . . . . .20 . . .24 . . .32 . . .38 Board Questions. . . . . . . . . . . . . . . .42 Public Comments on AL Solutions. . . . . . . .48 Board Vote . . . . . . . . . . . . . . . . . .53 Update on Freedom Industries Investigation Johnnie Banks, CFEI, Supervisory Investigator . . . . . . . . . . .55 Lucy Tyler, CSP, Investigator. . . . . .59 Board Questions. . . . . . . . . . . . . . . .70 Public Comments on Freedom Industries . . . . . . . . . . . . . .81 Adjourn 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 3 1 P R O C E E D I N G S 2 (12:00 p.m.) 3 CHAIRPERSON MOURE-ERASO: Good 4 afternoon and welcome to this public meeting 5 of the U.S. Chemical Safety Board, the CSB. 6 I am Rafael Moure-Eraso, 7 Chairperson of the Board and joining me today 8 is Board Member Mark Griffon. 9 Also joining me at this table is 10 the general counsel of the Chemical Safety 11 Board Mr. Richard Loeb and to my right there 12 is the CSB staff that prepared the reports and 13 who's -- and also more CSB staff that is 14 around here that facilitated this meeting. 15 I am going to ask the team lead of 16 the CSB staff to introduce each and every 17 member of the team when we get to the point of 18 the presentation. 19 The CSB for everybody that has 20 known us during the past has known that we are 21 an independent non-regulatory federal agency 22 that investigates major chemical accidents on 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 4 1 fixed facilities. 2 We are an investigatory agency. 3 The investigations examine all aspects of 4 chemical accidents including physical causes 5 related to equipment design as well as 6 inadequacies in regulations that are designed 7 to supposedly prevent these accidents. 8 We also look at inadequacies on 9 industry standards and inadequacies on safety 10 management systems that rule the operation of 11 process and safety in a chemical operation. 12 Ultimately we use safety 13 recommendations which are designed to prevent 14 similar accidents in the future. 15 given, the recipients of our recommendations 16 are each one of these groups that I mentioned 17 before, industry, regulators and organizations 18 that prepare and work on voluntary standards. 19 Today we are following the agenda And they are 20 that you saw at the entrance. 21 today is divided in two parts. 22 part we are going to present the result of our 202-234-4433 Neal R. Gross and Co., Inc. Washington DC The meeting In the first www.nealrgross.com Page 5 1 investigations in the accident in AL 2 Solutions, and we are going to have some 3 comments from the Board, and we are going to 4 ask for some questions from people present 5 here to address the accident of AL Solutions. 6 After those presentations we are 7 going to take a vote to decide on if the Board 8 will finally approve the results of -- the 9 findings and the recommendations of the 10 investigation. 11 Once we finish that vote we will 12 have an intermission and then we proceed to 13 make a presentation on the Freedom Industries 14 action or Freedom Industries investigation. 15 That is going to be done by the same team that 16 produced the report in AL Solutions. 17 And after that presentation that 18 is basically a progress report of our 19 investigation we will have some comments and 20 questions of anybody that would like to say 21 something. 22 I remind you that we have to limit 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 6 1 the comments to three minutes per person so 2 that everybody has a chance to have their say. 3 And we beg of you not to take anymore of that 4 time. 5 6 You are welcome to submit for us some written comments if you would like. 7 You probably saw at the entrance 8 there are copies of our report. 9 "The AL Solutions, Inc., Metal Dust Explosion 10 It's called and Fire." 11 This report, the accident occurred 12 in December 2010. 13 second page it's dedicated to the three men 14 that lost their lives in that incident in 15 December 9, 2010. 16 As you will see in the At this time I will have to ask 17 for a moment of silence to remember these 18 three individuals that were killed as a result 19 of the accident in New Cumberland, West 20 Virginia in AL Solutions. 21 22 I will now read their names. James Eugene Fish, Jeffrey Scott Fish and 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 7 1 Steven Swain. 2 (Moment of Silence) 3 CHAIRPERSON MOURE-ERASO: 4 you. 5 described it before. Thank 6 So we continue with the agenda as I I remind you about the public 7 comment period that we would like to ask you 8 to divide your comments. 9 for AL to present it in the first part of the 10 meeting, and if you have comments for Freedom 11 Enterprises to present it in the -- after the 12 intermission. 13 If you have comments Before we begin we always point 14 out some basic safety information that we -- 15 you have to be aware that in addition to the 16 door that you entered there are some emergency 17 doors on the side. 18 and three on the other side. 19 evacuate the room be aware of these emergency 20 exits. 21 22 We have two in this side If we need to I will also ask to please mute your cell phones so that we don't interrupt 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 8 1 the proceedings. 2 The December 9, 2010 accident at 3 the AL Solutions is the object of our 4 investigation. 5 This facility milled and processed 6 two metals, titanium and zirconium. 7 the course of a fire and explosion three 8 people were killed and a contractor was 9 injured. 10 And in The incident is one of nine 11 serious combustible dust incidents 12 investigated by the CSB since 2003. 13 These explosions and fires across 14 the United States has caused 36 deaths and 128 15 injuries. 16 This is in the past 10 years. The CSB investigation determined 17 that AL Solutions experienced a history of 18 fatal dust fires and explosions. 19 The CSB learned that the AL 20 Solutions facility had fatal fires and 21 explosions involving metal dust in 1995 and in 22 2006 in addition to the 2010 explosions that 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 9 1 we investigated. 2 Also, from 1993 until the accident 3 in 2010 there were at least seven fires that 4 required responses from the local fire 5 department. 6 The CSB is calling on the industry 7 that manufacture and handle metal dust and 8 combustible dust in general to take action to 9 prevent these kind of combustible dust 10 incidents. 11 In July 2003 the CSB identified 12 its 2006 recommendation to develop a 13 combustible dust standard as the first issue 14 in its most wanted chemical safety improvement 15 outreach program. 16 It is my view that had OSHA 17 implemented the first CSB recommendation for 18 a combustible dust standard in 2006, and if 19 industry had followed the requirements of such 20 a standard many of the severe dust incidents 21 that followed including AL Solutions may have 22 been prevented. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 10 1 2 The time is now for OSHA to take action to prevent these tragic accidents. 3 On the issue of this investigation 4 if anyone would like to comment publicly on 5 the investigation there is a sheet that I am 6 asking you to sign so that we can know who is 7 going to be talking. 8 9 And as I said, I will request that you plan your remarks for three minutes. 10 Now, I would like to recognize my 11 fellow Board member Mark Griffon for some 12 opening statements. 13 14 Mark? MR. GRIFFON: Thank you, Mr. Chairman. 15 Today we are here to discuss two 16 incidents that occurred in West Virginia. 17 First of all, I would like to 18 express my condolences to the friends and 19 family of the three workers that were killed 20 in the incident at the AL Solutions facility. 21 22 This is yet another tragedy resulting from a combustible dust explosion, 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 11 1 an issue for which the Board since 2006 has 2 recommended that a federal safety standard is 3 needed. 4 It is very troubling that we are 5 here reporting on yet another combustible dust 6 incident and reissuing a recommendation for a 7 federal safety standard. 8 9 I agree with the Chairman that the time for action is now. 10 For the Board's part I plan to 11 work with my colleagues on the Board to 12 continue to advocate for the development of 13 such a federal combustible dust standard. 14 The Freedom Industries incident 15 was a very different type of incident. 16 incident so clearly illustrates how industrial 17 safety intersects with environmental and 18 public health issues. 19 This The impact on this community was 20 tremendous and still the community is left 21 with many questions. 22 Our focus at the CSB is to look at 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 12 1 the causes that led to the spill of the 2 hazardous chemicals which ultimately got into 3 the drinking water. 4 While we are not conducting 5 studies of the health and environmental 6 impacts of the spill, we will be reviewing the 7 available information regarding health impact 8 and looking at possible gaps in regulations 9 which address the public's exposure to toxic 10 materials and the environmental impact of such 11 materials. 12 I look forward to the hearing 13 today and hearing both on the AL Solutions 14 report and also on our investigative team's 15 update on the Freedom Industries 16 investigation. 17 Thank you, Mr. Chairman. CHAIRPERSON MOURE-ERASO: Thank 18 you. 19 members of the families of workers that were 20 killed in the AL Solutions incident are here 21 present with us. 22 I would like also to recognize that two And I would like to tell them that 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 13 1 we appreciate that they came here to hear us. 2 And I personally give them my condolences. 3 They are here. 4 Also, Senator Rockefeller has been 5 one big supporter of our Chemical Safety Board 6 historically and we have been in constant 7 contact with him at his office informing of 8 our investigations. 9 And we have been requested by Mr. 10 Wes Holden from the Office of the Senator that 11 he would like to give a message from Senator 12 Rockefeller. 13 So Mr. Holden, please. MR. HOLDEN: Thank you, Mr. 14 Chairman. 15 want to thank the Chemical Safety Board for 16 their final report and recommendations 17 regarding the investigation into the December 18 2010 explosion at AL Solutions in New 19 Cumberland, West Virginia, that took the lives 20 of three people, Jeffrey Fish, James Fish, 21 Steven Swain. 22 On behalf of Senator Rockefeller I Completing that investigation is 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 14 1 not a simple task and we are very grateful for 2 their work. 3 As we all know when the 2010 4 explosion occurred the employees at AL 5 Solutions were working with titanium powder, 6 a highly flammable substance. 7 Because this is a highly flammable 8 industrial powder it is more difficult for 9 fire fighters to extinguish the fire and any 10 hot spots before they could reach the 11 employees trapped inside. 12 This tragic incident combined with 13 the Freedom Industries chemical spill further 14 highlights the utmost importance of chemical 15 safety. 16 Over six months have passed since 17 the January spill. 18 such as bathing, cooking slowly resume we 19 appreciate the people who are still working on 20 the ground day by day to understand what 21 happened. 22 And as everyday activities The information they are gathering 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 15 1 is vital to understanding the next steps we 2 need to take toward implementing the right 3 safeguards so we can protect our communities 4 from accidents like this in the future. 5 As I said, I firmly remain 6 committed to getting answers to many 7 unanswered questions related to the January 8 spill. 9 I'm committed to working to 10 strengthen regulations and to properly funding 11 and staffing oversight agencies, two of the 12 utmost components in preventing a disaster 13 like this from happening. 14 Following the January spill at 15 Freedom Industries site I immediately called 16 on the Chemical Safety Board to investigate 17 the spill. 18 I also asked my colleagues on the 19 Senate Appropriations Committee on the Fiscal 20 Year 2014 federal funding package to allocate 21 $11 million for the Chemical Safety Board's 22 operations. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 16 1 As a result of the misguided 2 federal budget cuts, or sequestration, I knew 3 the funding constraints placed on the Chemical 4 Safety Board like all of our federal agencies 5 and operations would severely restrict the 6 Board's ability to fully respond to my 7 request. 8 9 Fortunately, Congress passed the 2014 spending bill with my request for full 10 Chemical Safety Board funding despite an 11 attempt by the House of Representatives to 12 slash nearly $2 million from the Board's 13 already anemic budget. 14 In addition to calling for an 15 investigation of the spill I took action 16 legislatively by joining Senators Joe Manchin 17 and Barbara Boxer in introducing the Chemical 18 Safety and Drinking Water Protection Act, 19 legislation that would require a regular 20 inspection of chemical storage tanks. 21 22 I also introduced two bills with Senator Brian Schatz that seek to hold 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 17 1 companies like Freedom Industries accountable 2 when spills of non-hazardous substance like 3 MCHM occur and provide state and federal 4 governments with funding to help cover the 5 cost of cleaning up the chemical spill. 6 I want to thank the Chemical 7 Safety Board for swiftly responding to this 8 incident as they have done many times in the 9 past for West Virginia, and for their 10 transparency throughout this process. 11 It is my hope that the Chemical 12 Safety Board's recommendation following the AL 13 Solutions incident and the conclusion of the 14 Freedom Industries investigation we have 15 implemented with this agency. 16 And again, thank you on behalf of 17 Senator Rockefeller for allowing me to make 18 this statement at this time. 19 20 CHAIRPERSON MOURE-ERASO: you very much, Mr. Holden. 21 22 Thank I also would like to thank the staff of Senator Manchin and Congressman 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 18 1 Capito that are attending the meeting today. 2 We really appreciate you being here. 3 worked very closely with your offices in 4 informing you of our activities. 5 We have At this time I would like to 6 introduce the investigative team. 7 here is a person that is becoming very well 8 known in the State of West Virginia. 9 Mr. Johnnie Banks which is the supervisory 10 investigator for both the AL Solutions and 11 Freedom Enterprises here. 12 With us That is Mr. Banks is based in Washington, 13 D.C. and he came to the agency, to the CSB 14 after 22 years working for the Chevron Texaco 15 Corporation Refinery in Richmond, California, 16 prior to joining us. 17 He is a graduate of the University 18 of California at Berkeley and he is a 19 certified fire and explosion investigator. 20 With him is Ms. Lucy Tyler who is 21 a certified safety professional and has 22 participated in several CSB investigation and 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 19 1 support the development of significant 2 recommendations for combustible dust 3 regulations and changes to various industry 4 standards. 5 She holds a bachelor of science 6 degree in industrial health and safety from 7 the Pennsylvania State University. 8 Also with us is Mr. Mark Wingard. 9 He is a graduate of Clemson University with a 10 bachelor of science in chemical engineering. 11 Mr. Wingard has worked with the 12 Johnson & Johnson Company doing research and 13 development for active pharmaceutical 14 ingredient production and worked as a waste 15 management engineer at the Savannah River 16 nuclear facility. 17 Also with us is Ms. Christine 18 Morgan which -- that is perhaps the better 19 well known in our organization as the soul of 20 recommendations. 21 of the recommendations department for the time 22 being and she has a lot of input on the type 202-234-4433 She is right now in charge Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 20 1 of investigations that we do in our 2 recommendations, and also in the following up 3 of the recommendations to ensure that they are 4 acted upon on the groups that we make 5 recommendations to. 6 I would like now to ask Mr. Banks 7 to start the program of -- and add whatever he 8 wants to what I have said to the presentation 9 of his team and do the AL Solutions 10 investigation presentation. 11 MR. BANKS: Mr. Banks? Mr. Chairman, Board 12 Member Griffon, Mr. Loeb, ladies and 13 gentlemen, good afternoon. 14 The AL Solutions investigation 15 team has prepared several findings from our 16 investigation of the combustible dust 17 explosion which occurred at the AL Solutions 18 facility in New Cumberland, West Virginia. 19 This incident occurred on December 20 9, 2010 and resulted in the death of three 21 workers and one worker injury. 22 Following this presentation the 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 21 1 Board will vote and we'll also provide a brief 2 update on the Freedom Industries incident 3 investigation. 4 Before I start I'd like to take a 5 moment to just go over our agenda which the 6 Chair has touched on. 7 We'll begin with the team's 8 presentation of the investigation findings 9 from the AL Solutions case. 10 The team will then entertain 11 questions from the Board. 12 invited to offer comments on the case. 13 the Board Members will then vote on the team's 14 proposed findings and recommendations. 15 The public will be And After the Board vote we'll have a 16 short intermission and the team will then 17 present an update on the Freedom Industries 18 incident investigation. 19 20 And finally, we'll have a closing comment from the Chair. 21 22 Now, before I start I'd like to again introduce the team that has been 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 22 1 involved with the AL Solutions and a portion 2 of the team from the Freedom Industries case. 3 The team includes myself, Johnnie 4 Banks. 5 lead, Mr. Mark Wingard is one of our 6 investigators, and Ms. Lucy Tyler who is also 7 one of our investigators. 8 I'm the incident investigation team 9 Rounding out the team today is Ms. Christina Morgan who is our recommendations 10 specialist and who will follow through on the 11 recommendations once the investigative phase 12 has been closed out. 13 sure that those recommendations are indeed 14 brought to closure and that they're recorded 15 as such. 16 Her department will make In looking at the presentation the 17 team will discuss the company background and 18 provide an overview of the facility, and 19 present an incident animation that shows the 20 details of the incident, the investigation 21 findings and then we'll introduce the proposed 22 recommendations at the end of the 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 23 1 presentation. 2 In looking at AL Solutions, the AL 3 Solutions processes titanium and zirconium 4 scrap metal into pressed compacts that 5 aluminum producers use as alloy additives. 6 AL Solutions obtains scrap 7 titanium and zirconium from manufacturers and 8 end users, adds the pressed compacts to 9 furnaces or molten metal to increase the 10 strength of aluminum alloys. 11 At the time of the incident AL 12 Solutions owned and operated two processing 13 facilities. 14 facility was located in New Cumberland, West 15 Virginia. 16 17 The primary office and production AL Solutions also has a facility for milling in Washington, Missouri. 18 When the incident occurred in 2010 19 AL Solutions employed 23 workers at the New 20 Cumberland facility and 2 at the Washington 21 facility. 22 stopped production at the New Cumberland 202-234-4433 After the incident AL Solutions Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 24 1 facility and has a new production facility 2 located in Pennsylvania. 3 Now, as shown here the New 4 Cumberland facility lies on the east bank of 5 the Ohio River in the northern panhandle of 6 West Virginia. 7 west of Pittsburgh, Pennsylvania. It lies approximately 40 miles 8 The New Cumberland site contains a 9 main production facility, a warehouse, outside 10 storage area, laboratory and office area. 11 Now, the next portion of the 12 presentation will be conducted by my colleague 13 Mr. Wingard who will walk you through the 14 process overview and other aspects of 15 operation. 16 17 MR. WINGARD: Thank you, Mr. Banks. 18 Shown in this slide is a process 19 overview, simplified flow diagram of the AL 20 Solutions process. 21 22 AL Solutions took raw material, shown here, from drums shipped by suppliers, 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 25 1 broke this metal down and removed the oxide 2 layer in a mill, blended the milled metal and 3 then pressed it into compacts for sale. 4 This process required four 5 operators, one supervisor who ran the mill, 6 one operator to operate the blender, and two 7 operators to run the three presses that formed 8 the compacts. 9 At the time of the AL Solutions 10 incident employees were processing titanium 11 zirconium scrap metal. 12 Titanium is a widely used metal 13 with unique flammability characteristics. 14 Fine titanium particulates are easily ignited 15 in air and can ignite spontaneously under 16 certain conditions. 17 An AL Solutions material safety 18 data sheet for titanium powder recommended 19 having procedures in place to keep the powder 20 away from static charges, sparking equipment 21 and ignition sources. 22 Zirconium also carries a 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 26 1 significant flammability hazard and it can 2 also auto-ignite in air at room temperature. 3 Under certain conditions dust 4 clouds, very small concentrations of zirconium 5 can be explosible. 6 After the incident the CSB 7 commissioned combustible dust testing of 8 materials from the AL Solutions facility to 9 determine whether the metal powder contributed 10 to the fire and explosion. 11 This testing determined that 12 zirconium and titanium samples in use at AL 13 Solutions were combustible and could produce 14 a fire or metal dust deflagration. 15 CSB investigators observed and 16 documented the production building after the 17 incident and concluded that the fire damage 18 and deformations caused by the explosion over- 19 pressure were consistent with a metal dust 20 explosion. 21 22 Most solid organic materials as well as some metals and even some non-metallic 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 27 1 inorganic materials will burn or explode if 2 finely divided and dispersed in sufficient 3 concentrations. 4 Even seemingly small quantities of 5 accumulated dust can cause catastrophic 6 damage. 7 Like all fires, a dust fire occurs 8 when fuel, in this case the combustible dust 9 is exposed to heat in the presence of oxygen. 10 Removing any one of these elements 11 of the classic fire triangle which is shown 12 here eliminates the possibility of a fire. 13 A dust explosion requires two more 14 elements, dust dispersion and confinement. 15 Suspended dust burns more rapidly and 16 confinement enables pressure buildup. 17 of either the suspension or the confinement 18 element can prevent an explosion although a 19 dust fire can still occur. 20 21 Removal We'll now show an animation of the December 2010 incident. 22 (Whereupon, the animation was 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 28 1 played) 2 MR. WINGARD: That was an excerpt 3 from a video. 4 available on the CSB website soon after this 5 meeting. 6 The full video will be AL Solutions employees noted 7 mechanical problems with the blender in the 8 days prior to the explosion. 9 As stated in the video, blender 10 paddles were striking the wall of the blender, 11 causing scoring that was evident after the 12 incident. 13 Despite the fact that the blender 14 was striking the wall AL Solutions did not 15 effectively repair or replace the blender to 16 avoid exposing combustible metal dusts to 17 sparks or heat produced by the mechanical 18 impact from the paddles. 19 On the day of the incident the 20 blender likely contained a substantial 21 quantity of zirconium dust. 22 Indications of burned residue and 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 29 1 char on the ceiling above the blender and the 2 presence of burning deposits on the wall 3 behind the blender suggest that zirconium 4 particulates lofted from the blender and 5 ignited other materials in the room. 6 As stated previously, after the 7 incident the CSB collected samples with 8 titanium and zirconium from various areas of 9 the processing unit at the New Cumberland 10 facility. 11 Combustibility testing was carried 12 out in accordance with NFPA 484. 13 concluded that the metal powder was 14 combustible and capable of causing a dust 15 flash fire or explosion. 16 This testing The CSB investigation found that 17 AL Solutions had no dust collection system to 18 collect and control metal dust accumulating 19 from the process. 20 Instead, operators relied on the 21 use of water sprays and wash-downs to manage 22 dust accumulations. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 30 1 However, this practice is not 2 recommended for water-reactive materials such 3 as zirconium and titanium dust due to the 4 hazards associated with the formation of 5 hydrogen gas when metals are heated. 6 Additionally, AL Solutions lacked 7 any mechanical ventilation system to control 8 hydrogen gas accumulations which could 9 potentially lead to explosive atmospheres. 10 Prior to the 2010 incident the New 11 Cumberland facility experienced two fatal 12 incidents involving the ignition of metal 13 dust. 14 From 1993 until the December 2010 15 incident the New Cumberland Volunteer Fire 16 Department responded to at least seven fires 17 at AL Solutions. 18 Through interviews the CSB learned 19 that several other fires occurred at the New 20 Cumberland facility that did not result in a 21 fire department response. 22 In fact, almost all employees 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 31 1 reported to CSB investigators that they had 2 witnessed one or more fires in the production 3 building. 4 In August of 1995 one employee was 5 killed and another was injured in an explosion 6 and fire at the New Cumberland facility. 7 A leaking propane tank and 8 undetermined ignition source caused this fire. 9 The propane tank ignited, generating a blast 10 wave that lofted titanium dust within the 11 production building. 12 caused a secondary explosion that further 13 ignited dust in the building. 14 This dust ignited and In July of 2006 a supervisor was 15 fatally injured while cleaning out the inside 16 of the mill tank when residual metal in the 17 mill ignited. 18 OSHA conducted an investigation as 19 a result of both of these incidents and levied 20 fines on the facility for serious safety 21 violations. 22 However, citations did not mention 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 32 1 industry standards such as NFPA 484 to address 2 the failure to control metal dust hazards. 3 I'll now turn the presentation 4 over to Lucy Tyler. 5 MS. TYLER: AL Solutions is not 6 the only facility that has suffered fatalities 7 and injuries from combustible dust incidents. 8 9 10 From 2008 until 2013 the CSB has identified 50 combustible dust incidents that resulted in 29 deaths and 161 injuries. 11 One notable dust incident outside 12 that time frame was the CTA Acoustics dust 13 explosion that resulted in seven deaths in 14 2003. 15 Many of these incidents have been 16 investigated by the CSB and repeated 17 recommendations have been made to OSHA to 18 promulgate a combustible dust standard. 19 20 However, these recommendations have not been addressed. 21 22 In the aftermath of three catastrophic dust incidents in 2003 that 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 33 1 claimed the lives of 14 workers the CSB 2 launched a combustible dust hazard study and 3 recommended that OSHA develop a general 4 industry standard for combustible dust in 5 2006. 6 Since 2006 the CSB has recommended 7 that OSHA publish a final combustible dust 8 regulation for general industry based on NFPA 9 Standard 654 and 484. 10 Despite these repeated 11 recommendations and fatal dust incidents since 12 the issuance of the recommendation OSHA has 13 not issued a final dust standard. 14 OSHA has recognized the need and 15 importance of the standard, and in the past 16 has made steps towards promulgating the 17 standard, but it has been delayed. 18 And you can see from this timeline 19 here in November 2006 the CSB made the 20 original recommendation to OSHA to develop a 21 combustible dust rule. 22 announced that they would begin rulemaking. 202-234-4433 And in April 2009 OSHA Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 34 1 In September 2009 at the 2 completion of the Imperial Sugar investigation 3 the CSB recommended OSHA proceed expeditiously 4 with the dust rule. 5 In April 2010 OSHA called the dust 6 standard a long-term action but postponed some 7 of the next steps of the rulemaking process. 8 In June 2012 OSHA stated that it 9 could not commit to a date for the proposed 10 rule, but it remains a top priority for the 11 agency. 12 That was two years ago. Since then OSHA has scheduled and 13 rescheduled the next steps of the rulemaking 14 process. 15 The CSB incident screening 16 department has collected and verified 17 combustible dust incidents from 2008. 18 from 2008 to 2012, over that time frame that 19 the rulemaking has been delayed 50 combustible 20 dust incidents that resulted in fatalities and 21 injuries took place in general industry. 22 And Here is a graph that depicts the 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 35 1 number of the combustible dust incidents, 2 injuries and fatalities since the re-issuance 3 of the combustible dust National Emphasis 4 Program, or NEP, after the catastrophic sugar 5 dust explosion at Imperial Sugar in 2008. 6 And you can see from the chart 7 here that there is no visible decline in the 8 number of incidents or the severity of 9 incidents over this time frame. And this data 10 is based on dust incidents collected by the 11 CSB's incident screening department. 12 In July 2013 the CSB voted and 13 declared that OSHA's response to the previous 14 combustible dust recommendation was 15 unacceptable because OSHA has yet to develop 16 even a proposed rule on combustible dust 17 hazards more than four years after it 18 committed to start rulemaking. 19 The 2006 recommendation to OSHA 20 was classified as open-unacceptable in the 21 July 2013 CSB public meeting. 22 The need for an OSHA combustible 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 36 1 dust standard became the first item on the CSB 2 most wanted chemical safety important program 3 adopted by the Board at the July meeting. 4 If OSHA had implemented the first 5 CSB recommendation for the standard in 2006 6 many of the severe dust incidents that 7 followed, including AL Solutions, may have 8 been prevented. 9 In the next portion of this 10 presentation I will read the investigation key 11 findings. 12 Key finding number one for AL 13 Solutions. 14 building was caused by combustible titanium 15 and zirconium dusts that were processed at the 16 facility. 17 The explosion in the production Number two. The explosion likely 18 originated in a blender containing milled 19 zirconium particulates and ignited by 20 frictional heating of the zirconium arising 21 from defective blender equipment. 22 Key finding three. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC The hydrogen www.nealrgross.com Page 37 1 gas produced by the reaction of molten 2 titanium and zirconium metal and water, 3 possibly from wash-down operations or the 4 water deluge system may have also contributed 5 to the explosion. 6 Number four. Testing conducted 7 after the incident determined that titanium 8 and zirconium samples collected from the AL 9 Solutions facility were combustible and were 10 capable of causing an explosion when lofted 11 near an ignition source. 12 Key finding five. AL Solutions 13 did not mitigate the hazards of metal dust 14 explosions through engineering controls such 15 as a dust collection system. 16 Solutions did not adhere to the practices 17 recommended in NFPA 484 for controlling 18 combustible dust hazards. 19 Key finding six. Specifically, AL The West 20 Virginia area office of OSHA did not conduct 21 a combustible dust NEP inspection at the AL 22 Solutions facility before the 2010 incident, 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 38 1 despite the company's history of metal dust 2 incidents. 3 The combustible dust NEP 4 inspections are based on a randomized 5 selection of facilities regardless of previous 6 incidents unless initiated by a complaint or 7 a referral. 8 9 And finally, key finding seven. Combustible dust incidents continue to occur 10 throughout susceptible industries, but the 11 next steps of the OSHA rulemaking process for 12 promulgating a general industry combustible 13 dust standard have been delayed. 14 And now our recommendation 15 specialist Christy Morgan will come to the 16 podium to read our draft recommendations. 17 MS. MORGAN: As a result of this 18 investigation the investigative team is 19 proposing that the CSB reiterate one of its 20 previous recommendations to the Occupational 21 Health and Safety Administration and issue 22 four new recommendations, two to AL Solutions, 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 39 1 Inc., at the corporate level and two to the 2 new AL Solutions facility now operating in 3 Burgettstown, Pennsylvania. 4 First, I will discuss the 5 recommendation that the staff is posing for 6 reiteration. 7 The CSB continues to believe that 8 an OSHA general industry standard for 9 combustible dust is needed to prevent future 10 tragedies caused by dust explosions. 11 Therefore, staff are proposing 12 that the Board reiterate its 2006 13 recommendation calling for the development and 14 issuance of an OSHA general industry standard 15 for combustible dust. 16 As Ms. Tyler mentioned, the Board 17 voted to designate this recommendation and 18 three related recommendations with the status 19 open-unacceptable response in July 2013. 20 The Board also voted at that time 21 to designate a general industry standard for 22 combustible dust as the agency's first most 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 40 1 wanted chemical safety improvement. 2 It should be noted that this will 3 be the first time in the history of the agency 4 that the CSB has reiterated one of its 5 previous safety recommendations. 6 7 The text of this recommendation is as follows. 8 9 10 "Issue a standard designed to prevent combustible dust fires and explosions in general industry. 11 "Base the standard on current 12 National Fire Protection Association, or NFPA, 13 dust explosion standards including NFPA 654 14 and NFPA 484, and include at least hazard 15 assessment, engineering controls, 16 housekeeping, building design, explosion 17 protection, operating procedures and worker 18 training." 19 In addition to proposing that the 20 Board reiterate this 2006 recommendation to 21 OSHA, the team is proposing that the Board 22 issue four new recommendations. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 41 1 2 The first recommendation is to AL Solutions, Inc., and it reads as follows. 3 "For all new and existing 4 equipment in operations at AL Solutions 5 facilities that process combustible metal dust 6 or powders apply the following chapters of 7 NFPA 484, 2012 edition, standard for 8 combustible metals: 9 Chapter 13 Zirconium, Chapter 15 Fire Chapter 12 Titanium, 10 Prevention, Fire Protection and Emergency 11 Response, and Chapter 16 Combustible Metal 12 Recycling Facilities." 13 14 The second proposed recommendation to AL Solutions reads as follows. 15 "Develop training materials that 16 address combustible dust hazards and plant- 17 specific metal dust hazards, and then train 18 all employees and contractors. 19 periodic, for example, annual, refresher 20 training for all employees and contractors." 21 22 Require The first proposed recommendation to AL Solutions' Burgettstown, Pennsylvania 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 42 1 facility is as follows. 2 "Prohibit the use of sprinkler 3 systems and water deluge systems in all 4 buildings that process or store combustible 5 metals." 6 And our last recommendation also 7 to the AL Solutions Burgettstown facility 8 reads as follows. 9 "Conduct a process hazard analysis 10 as defined in NFPA 484 Section 12.2.5 and 11 submit a copy to the local fire department or 12 the enforcing authority for the fire code." 13 Mr. Chairman, this concludes the 14 staff's presentation on the AL Solutions 15 incident. 16 CHAIRPERSON MOURE-ERASO: Thank 17 you very much, Ms. Morgan. 18 agenda we will have an opportunity for the 19 Board to ask questions to the investigative 20 team. 21 questions? 22 So, Mr. Griffon, do you have any MR. GRIFFON: 202-234-4433 And following our Yes. Neal R. Gross and Co., Inc. Washington DC Thank you, Mr. www.nealrgross.com Page 43 1 Chairman. Just a couple of questions. 2 The report makes a few 3 recommendations that we just went through here 4 to AL Solutions Company. 5 I'm just curious if you know what 6 they've done since 2010. 7 controls in place? 8 any update on what they've done since the 9 incident? 10 Have they put any Any training? MR. WINGARD: Is there They have made 11 changes in the Burgettstown. 12 seem to us that it's in line with NFPA 484. 13 Still doesn't A lot of it was eliminating -- 14 making it more automated. 15 frequency of time people spend in contact with 16 the process itself. 17 eliminating the combustible dust hazard they 18 eliminated just people as much as possible. 19 So eliminating the And so really, instead of MR. GRIFFON: And anything on the 20 training front? 21 employees away from the operation that was the 22 focus? 202-234-4433 Or was it mainly moving Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 44 1 MR. WINGARD: I think it's mainly 2 moving people away from the operation. 3 can't speak to the training now. 4 MR. GRIFFON: But I And just one other 5 one on the OSHA recommendation. 6 totally support reissuing the recommendation 7 for a federal standard. 8 there for a long time. 9 You know, I And it's been out I think we have to play a more 10 active role in advocacy for this. 11 most wanted list. 12 move on that as well. 13 It's on our I think the Board has to But I'm just curious what OSHA has 14 done. 15 report, but what OSHA has done short of 16 issuing a standard obviously. 17 activities. 18 us a little about that. 19 I know it's mentioned a little in the They had some I just wondered if you could tell MS. TYLER: Yes, sure. Over the 20 last couple of weeks we've had a couple of 21 discussions with OSHA in discussing the 22 reiterated recommendation. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 45 1 And we've learned through those 2 discussions that in addition to working toward 3 the combustible dust rule OSHA has been 4 involved in several activities to increase 5 awareness of combustible dust among industry, 6 emergency responders such as fire fighters as 7 well as their compliance officers. 8 this guidance to date has been -- it's non- 9 regulatory. 10 And all of But starting in 2008 after 11 Imperial Sugar they published a fact sheet on 12 some general combustible dust hazards. 13 They mailed alert letters to 14 30,000 employers across the country that 15 handle combustible dust. 16 They published a combustible dust 17 hazard communication guide, a manual for fire- 18 fighting precautions. 19 And they've had some additional 20 training for compliance officers and 21 compliance assistance staff, and that's 22 ongoing as part of the National Emphasis 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 46 1 Program that they developed in October 2007. 2 And additionally, they've created 3 a combustible dust website through osha.gov 4 which has all the resources for combustible 5 dust. 6 they've been involved in. 7 So that's some of the activities that MR. GRIFFON: Thank you, thank 8 you. 9 Solutions -- would they have received any of And just one follow-up on that. Did AL 10 these communications? 11 mentioned, would AL Solutions have received 12 this information before the 2010 incident? 13 MS. TYLER: The 30,000 that you I'm not 100 percent 14 certain that they did, but know that the 15 30,000 letters that were sent out are based on 16 the industry code classifications that would 17 likely be handling the I guess most highly 18 hazards combustible dust materials. 19 know that their industry code was on that list 20 I believe under the standard industrial 21 classification list. 22 they may have received it but I'm not 100 202-234-4433 And we do So it is possible that Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 47 1 percent certain. 2 MR. GRIFFON: Yes, I'd be 3 surprised if they didn't. 4 you for answering those questions. 5 6 But anyway, thank CHAIRPERSON MOURE-ERASO: Thank you, Mr. Griffon. 7 I just would like to follow up 8 with a question in that vein. 9 recommendations that have come from the The 10 federal government on combustible dust so far 11 has been recommendations that the users or the 12 people handling combustible dust should 13 volunteer to embrace them and use them or not. 14 And it is voluntary for people to do it since 15 there is not a federal regulation that will 16 compel them to do it. 17 So my question to you is how will 18 an OSHA combustible standard that is a 19 regulation will have contribute to prevent an 20 explosion like happened in AL Solutions. 21 22 MS. MORGAN: In 2006 the CSB's recommendation to OSHA in creating the 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 48 1 combustible dust rule was to incorporate the 2 provisions that exist in NFPA 484 and 654. 3 They are industry consensus standards that 4 have provisions for preventing dust explosions 5 or fires. 6 So we feel that if OSHA were to 7 incorporate this into a combustible dust rule 8 companies would have defined requirements to 9 follow and they would be enforceable 10 requirements for the prevention of dust 11 accumulations for engineering controls, for 12 flame-resistant clothing, all the types of 13 company practices that you would expect 14 employers to follow when handling combustible 15 dusts. 16 CHAIRPERSON MOURE-ERASO: Thank 17 you very much. 18 ask if anybody from the public would like to 19 make some comments on the AL Solutions 20 investigation. 21 22 At this time we would like to As we normally do here I'm going to ask our managing director if he could like 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 49 1 to direct the discussion and to invite people 2 to make any statement. 3 statement, please. 4 A three-minute I would like to remind everybody 5 that we'll request that you make your comments 6 on AL Solutions now and that you make -- you 7 have any comments on Freedom Enterprise to 8 please wait until the end of the presentation 9 that will happen after the intermission. 10 So, Dr. Horowitz. 11 DR. HOROWITZ: 12 Thank you, Mr. Chairman. 13 The first commenter is John 14 Morawetz of the International Chemical Workers 15 Union. 16 MR. MORAWETZ: Thank you. One, 17 just a comment on process. 18 just got the report when I got here. 19 trying to look at the report, hear the 20 presentations and figure how to formulate 21 questions. 22 Sitting here I I'm So on a statement which I think 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 50 1 I've said before on process it would be very 2 helpful for the public, all interested 3 parties, family members to get a copy of the 4 report in advance, maybe embargoed, not for 5 publication, so we can make comments and look 6 at it thoughtfully to have some input on then 7 the final vote and final deliberation. 8 9 It's also possible I would hope that you could also say there's a vote 10 provisionally perhaps based upon the comments 11 that all of us may or may not present and you 12 analyze them and you figure out where you want 13 to go with that. 14 I'll also -- I have a number of 15 points in trying to follow this that I would 16 like to make and I'll put them in writing. 17 know there's a limit of three minutes. 18 I I was a little bit puzzled in 19 looking at all the recommendations that, first 20 of all, fully supporting the OSHA combustible 21 dust standard, long overdue, that all the 22 other recommendations are only for AL 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 51 1 Industry. 2 One of the strengths of the 3 Chemical Safety Board historically has been 4 that your reports are for the industry. 5 reports are broad and they're far-reaching. 6 Your I know, for instance, the 7 explosion in Hawaii, the fireworks explosion, 8 that it was a very good recommendation about 9 the contracting out, and how contracting by 10 the federal government should take into 11 account a company's history in health and 12 safety. 13 So, I would wonder in particular 14 whether there's a combustible metal recycling 15 industry, group, et cetera, organization that 16 our recommendations could be made to beyond AL 17 Industry. 18 to respond? 19 I don't know whether anybody wants MR. BANKS: I believe we made some 20 recommendations along those lines in a recent 21 report. 22 I think we did make such 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 52 1 recommendations for education in our Hoeganaes 2 report. 3 if that is so. And I'll just ask the team to clarify 4 There are certain industry 5 organizations that handle combustible metals 6 or powdered metals. 7 MR. MORAWETZ: So, limited in time 8 I would just hope you look at this and take a 9 look at whether some of those other 10 recommendations are equally as valid industry- 11 wide, the findings on combustible dust. 12 I'd also just in order also say 13 that you have a finding though from West 14 Virginia OSHA office but no recommendations. 15 I wonder whether there should be 16 recommendations? 17 I don't know. The Fire Marshal's Office. 18 was no finding. 19 crisis. 20 there be a finding or a recommendation? 21 don't know. 22 There State budgets are in a It's very difficult. But should I And lastly, I don't know whether 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 53 1 any state plans beyond federal OSHA, whether 2 sometimes state OSHA plans are at the 3 forefront of taking action before federal 4 OSHA. 5 I don't know if any state plans a 6 combustible standard or recommendations, but 7 at a minimum these reports should cover what 8 the current status is in general for the state 9 plans. Thank you. 10 11 DR. HOROWITZ: Thank you. Any other commenters on AL Solutions? 12 CHAIRPERSON MOURE-ERASO: Hearing 13 none I think we'll move to the next point in 14 the agenda, that is the vote on the report. 15 I make a motion as a Board Member 16 to approve the report on AL Solutions as 17 presented. 18 The formal way of doing the motion 19 is I move that the Chemical Safety Board 20 approve the Investigation Report No. 201131WB 21 entitled "Metal Dust Explosion and Fire at AL 22 Solutions, Inc., in New Cumberland, West 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 54 1 Virginia that Occurred on December 9, 2010," 2 including all findings, recommendations and 3 associated figures, progress contained or 4 referenced in the July 16, 2014 case as 5 studied. 6 7 Do I hear a second for this motion? 8 MR. GRIFFON: 9 CHAIRPERSON MOURE-ERASO: I second the motion. Okay, so 10 do we have a discussion on the motion? 11 discussion. 12 general counsel, to proceed with the vote. 13 14 No So I call on Mr. Loeb, our MR. LOEB: vote, I imagine. This will be a quick Mr. Griffon? 15 MR. GRIFFON: 16 MR. LOEB: 17 CHAIRPERSON MOURE-ERASO: 18 MR. LOEB: 19 CHAIRPERSON MOURE-ERASO: Yes. Mr. Chairman? Yes. The motion is approved. Thank 20 you very much. 21 people that talked here today around AL 22 Solutions, especially our representatives of 202-234-4433 I would like to thank the Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 55 1 our elected officials and also the persons 2 that presented comments on the details of the 3 report. 4 Now, I would like to call for a 5 10-minute break and we'll reconvene to discuss 6 the Freedom Enterprise progress report. 7 we'll take a 10-minute break. 8 9 10 So Thank you. (Whereupon, the above-entitled matter went off the record at 1:02 p.m. and resumed at 1:15 p.m.) 11 CHAIRPERSON MOURE-ERASO: We are 12 going to proceed. 13 Johnnie Banks to take over the podium and 14 provide us with an update on the CSB Freedom 15 Enterprises investigations. I am going to ask Mr. 16 So, Mr. Banks. 17 MR. BANKS: 18 Thank you, Mr. Chairman. 19 I will now provide an update on 20 the Freedom Industries investigation just to 21 give folks a sense of where we are with that 22 investigation. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 56 1 On January 9, 2014, 10,000 gallons 2 of 4-methylcyclohexanemethanol, or MCHM, mixed 3 with 5.6 percent propylene glycol phenol 4 ethers, or POPULATION HEALTH, was released 5 into the Elk River due to the failure of a 6 tank, the secondary containment. 7 The mixture leaked from a 48,000 8 capacity aboveground storage tank, or AST, at 9 the Etowah River terminal facility. 10 The MCHM and PPH mixture entered 11 the soil and eventually migrated to the Elk 12 River by moving through the soil, gravel and 13 water systems located under the facility until 14 finally reaching water. 15 The Freedom facility was located 16 about 1.5 miles upstream from intake of West 17 Virginia American Water Company. 18 The company provides water to over 19 580,000 citizens in West Virginia including 20 residents and industrial clients. 21 22 When the leak occurred at Freedom up to 300,000 residents and industrial users 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 57 1 in 9 counties were impacted. 2 Now, the West Virginia Department 3 of Environmental Protection received odor 4 complaints early on the morning of January 9, 5 2014, and arrived onsite at 11:15 that day and 6 identified the release at the base of T-396. 7 It wasn't until 5:45 p.m., or over 8 five hours later that the West Virginia 9 American Water Company issued a do not use 10 order. 11 issued a state of emergency order to West 12 Virginia. 13 And at 9:30 that night the Governor The following morning, January 10, 14 President Obama declared a federal disaster 15 area for the nine counties impacted by the 16 leak. 17 In the days following the release 18 there were several announcements communicated 19 to the public regarding water usage. 20 On January 13, the West Virginia 21 American Water company advised the flushing of 22 water systems. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 58 1 On January 15, the CDC issued a 2 water advisory for pregnant women to drink 3 bottled water. 4 On January 21, Freedom revealed 5 that PPH was in the mixture released into the 6 water supply in addition to the MCHM. 7 On February 5, a spokesman from 8 the CDC, or Centers for Disease Control, 9 announced that the water was appropriate for 10 use. 11 many area schools reported closures over the 12 following days and weeks. 13 However, odor complaints continued and On February 21, the CDC issued a 14 statement that described the water as safe. 15 However, the CSB found the message to be 16 obscure and it was not widely communicated. 17 In late February, the Governor of 18 West Virginia lifted the state of emergency 19 order. 20 adverse health effects in MCHM in 21 concentrations below 10 parts per billion. 22 And in March the CDC announced that no So the Governor's office has 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 59 1 lifted the water advisories and the CDC has 2 declared the water safe for drinking. 3 Residents continue to distrust the information 4 that the water is safe. 5 A lingering odor remained in the 6 water after CDC declared the water was 7 appropriate for use. 8 9 10 The long-term health impacts of MCHM and PPH at low concentration remains unknown. 11 12 Now, I'll turn the proceedings over to Ms. Tyler for this part. 13 MS. TYLER: Thank you. From 14 January 9 to January 23, 2014, the West 15 Virginia Bureau of Public Health reviewed 369 16 records of patients who had symptoms and 17 reported exposure to the water. 18 Thirteen of the three hundred 19 sixty-nine patients were hospitalized. 20 rest were treated and released with 21 intravenous fluids and medications to reduce 22 the effects of exposure such as nausea and 202-234-4433 Neal R. Gross and Co., Inc. Washington DC The www.nealrgross.com Page 60 1 skin irritations. 2 People were most commonly exposed 3 to the chemicals in the water from bathing and 4 showering. 5 ingestion and inhalation, and some patients 6 reported exposure to more than one possible 7 type for their symptoms. 8 9 Other routes of exposure were In preliminary health impact data provided by the Kanawha County Health 10 Department common complaints included nausea 11 38 percent, skin rash 28.5 percent and 12 vomiting 28 percent. 13 The Kanawha County Health 14 Department reported that these symptoms are 15 consistent with known health effects of MCHM. 16 And those are based on very limited animal 17 studies. 18 One of the preliminary findings 19 related to the public health impact is that 20 there is limited toxicological information on 21 MCHM, PPH and their chemical constituents. 22 The CSB reviewed toxicological 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 61 1 data from MCHM manufacturer and found that 2 there is little data available on exposures at 3 low concentrations. 4 for MCHM include short-term exposures to high 5 doses of MCHM. 6 Almost all the studies Also, the material safety data 7 sheets, or MSDSs, did not provide information 8 on the potential health hazards to assist in 9 a timely notification of water usage 10 restrictions. 11 And now Mr. Banks will return to 12 the podium to discuss the tank inspections at 13 Freedom Industries. 14 MR. BANKS: Thank you. The CSB 15 commissioned an inspection of the tank from 16 which the tank leak occurred and similar tanks 17 at the Freedom Industries facility. 18 Testing included a scanning of the 19 tank, the interior, the surrounding topography 20 of the facility and the riverbank, and 21 portions of the tank were cut out and set for 22 metallurgical examinations which are yet to be 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 62 1 conducted. 2 We've got a short video that shows 3 some of the work that went on I'd like to 4 share with you. 5 (Whereupon, the video was played) 6 MR. BANKS: This is some activity 7 just prior to openings being cut into the tank 8 for access for removal of portions of the 9 metal. 10 11 This is the tank where the leak was most prominent. 12 This is the technique that was 13 used to cut the samples. 14 water-cutting technique which minimized the 15 risk to the folks that were doing the work. 16 In the presence of possible flammable 17 atmospheres they use a high-pressure water 18 system and were able to conduct all the 19 cutting that we wanted on the tanks. 20 It's a high-pressure The tanks themselves, this is the 21 area of the main section of the tank where the 22 holes were noted. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 63 1 Here we have the two holes. One 2 is about three quarters of an inch in 3 diameter, the other a little bit less than a 4 half an inch. 5 slides there is a series of other 6 characteristics that indicate potential 7 failure sites as well. 8 9 And as you'll see in later This is the technique that was used to cut the samples that are called 10 coupons. They are round sections of the tank 11 that we gathered. 12 representatives from plaintiffs and the 13 company there also to observe the removal of 14 these pieces of equipment. There were other 15 And post cutting we did a pretty 16 thorough inspection of the site to make sure 17 that all the samples that we needed for steps 18 moving forward were gathered. 19 Now, preliminarily one of the 20 early findings in this case, the inspections 21 were conducted in accordance with the best 22 practices today which are the test methods as 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 64 1 found in API 653. 2 The API 653 inspection clearly 3 indicated that the holes in T-396 were a 4 mechanism for the large spill that occurred on 5 January 9, 2014. 6 holes that I just pointed out, the two-quarter 7 inch hole and the little bit more than half an 8 inch. And these are those two 9 But then you'll also see that 10 there is some pitting observed here which 11 indicates areas that would have potentially 12 failed as well. 13 In this slide there, there was a 14 deformation in the tank wall. 15 this section of the tank out and we'll subject 16 this to analysis as well to determine if there 17 might have been any leaking that occurred 18 there prior to January 9. 19 And we've cut The final determination on the 20 failure mechanism will be made through 21 forensic examination of the metals that we 22 have extracted from the tanks at a lab that 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 65 1 we've selected for the tests to be conducted. 2 We'll examine the corrosion 3 modeling by an AST, aboveground storage tank 4 expert. 5 evidence that the holes did not originate from 6 outside the tank but from within due to the 7 characteristics that we noted earlier where -- 8 as you will note here this hole is bored 9 through. 10 And preliminarily there is growing This hole is a little bit smaller and these are ones that appear to be forming. 11 So as we proceed with this 12 investigation we're going to subject this 13 portion of the tank to a really close analysis 14 to determine if a failure did occur of the 15 corrosion from the inside. 16 To date we have not found any 17 records of inspections that would indicate a 18 rigorous, programmatic, regular inspection 19 frequency. 20 And the lack of engineering 21 inspections that would prescribe the frequency 22 and the rigor is something that is noteworthy 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 66 1 for our findings so far. 2 Tank 397, another tank that also 3 contained MCHM and PPH mixture had a hole in 4 it. 5 the possibility of a leak from that tank as 6 well. 7 moving forward that we will pursue to 8 determine if this hole was leaking material, 9 and if so, the amounts that might have been And this to us indicates that there was That's an area of interest for us 10 leaked from the tank prior to or after or up 11 to January 9 of this year. 12 Due to the extensive corrosion the 13 CSB suspects that the leaks existed prior to 14 January 9. 15 One of the key indicators from 16 these findings is that the multiple pitting 17 and metallurgical damage to 396 and other 18 tanks in the MCHM service. 19 This is the hole that was observed 20 in T-397 and an area that we will continue to 21 pursue. 22 earlier on the tank wall. 202-234-4433 This is the deformation that I noted Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 67 1 In this slide we've got the 2 depiction of the API 653 diagram of the 3 corrosion that was observed on T-396 which is 4 located here. 5 But if you'll note, on T-395 there 6 were areas of concern as well and 397 where 7 the hole which was located right in this area. 8 9 10 And it's important to note that these API 653 tests were conducted by multiple API 653-proficient experts. 11 The CSB commissioned our own 12 expert but there were several other API 653 13 inspectors onsite that day. 14 their own independent devices, but they have 15 a marking system to denote where the corrosion 16 was. 17 And they used And because the -- for good or 18 bad, the conditions were kind of wet, so as 19 one API 653 inspector would conclude his work, 20 his work would be obscured because the surface 21 of the tank was wet and the chalk markings 22 would be obliterated. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 68 1 But over the course of the two 2 days that these tests were conducted it looked 3 like a child's hopscotch area in terms of the 4 number of areas that the corrosion were noted 5 by the independent inspections that were 6 ongoing. 7 So, these are key indicators to us 8 that there was a serious corrosion problem 9 growing in all the tanks and just manifested 10 itself in 396 the worst. 11 signs of that type of failure, the multiple 12 pitting, the pattern that we noted in 396. 13 But 397 is showing And then the fact that there were 14 possibly holes in the roof that led to water 15 entering into the tank and pooling in areas. 16 There was an odd shape that's associated with 17 the holes in 396. 18 have laid there and kind of facilitated the 19 corrosion that we noted. 20 We think that the water may Moving forward, as we continue 21 with the investigation we'll subject the metal 22 the we've extracted from these tanks to a 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 69 1 metallurgical examination. 2 We will hope to bring about a 3 computer modeling of the release. 4 would take into consideration the topography 5 of the site itself, the lay of the land so to 6 speak, and help to determine why the material 7 would flow the way that it did, how it would 8 find access to the Elk River. 9 And that We'll examine any information that 10 speaks to the public health impact that's of 11 import to this agency, but one that we would 12 consign to agencies and organizations that are 13 proficient to speak to those issues. 14 have a keen interest in following those 15 developments. 16 But we We would also look at the 17 regulation of aboveground storage tanks to see 18 the applicability of existing rules and if 19 there is a need to strengthen or implement new 20 rules. 21 22 We would look at the tank siting of a chemical plant with this close to a water 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 70 1 intake system. 2 keen interest to us. 3 Obviously that's something of We'll also look at the evolution 4 of the water treatment intake systems, the 5 nature of that process and any changes that 6 might be necessary moving forward. 7 And then also the emergency 8 planning and notification process that took 9 place when this incident occurred. 10 These are some of the key areas 11 that we will be pursuing as we move forward. 12 That concludes the update on the 13 Freedom Industries investigation but we're 14 happy to entertain any questions that the 15 Board might have. 16 17 CHAIRPERSON MOURE-ERASO: Thank you, Mr. Banks. 18 First of all, I -- on the things 19 that you observed and presented I think it's 20 important to note that the underlying root 21 cause of many of our investigations, 22 especially the ones that you have been 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 71 1 involved yourself, including these last two in 2 West Virginia is the lack of thorough 3 inspections and hazard reviews. 4 for instructive regulations in areas where we 5 find that volunteering, that self-policing is 6 not preventing the accidents. 7 And the need The Board looks forward to the 8 team's final report that will examine 9 regulatory oversight of aboveground storage 10 tanks in West Virginia and the U.S. 11 Thank you for your presentation, 12 Mr. Banks. 13 some questions from the Board to you. 14 15 Mr. Griffon, do you have any questions to the team? 16 17 And now we will see if there is MR. GRIFFON: Chairman. 18 Thank you, Mr. Just a couple of questions. One is on the metallurgical 19 testing. 20 could expand a little more on what we expect 21 to find out with the metallurgical testing. 22 And I was just wondering if you I think it's primarily to confirm 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 72 1 or test our hypothesis that the corrosion came 2 from within the tank, not the other way 3 around. 4 might gain from the testing? 5 But are there other learnings that we MR. BANKS: I think in addition to 6 the obvious we want to determine where the 7 failure most likely originated from. 8 9 But the fact that you have a tank of vintage that extends beyond earlier than 10 World War II we're looking at the metals that 11 were used there and considering what type of 12 metallurgy might be appropriate for this type 13 of service now. 14 We're hoping to consider the 15 changing of the material from a petroleum- 16 based process to one that's seemingly not of 17 that type but still had a detrimental effect 18 on the waterways and the intakes to the West 19 Virginia Water Treatment Association. 20 MR. GRIFFON: Thank you. And 21 these other questions are more on some of the 22 information on the toxicity issues and things 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 73 1 like that. 2 I'm trying to square -- there's a 3 couple of slides we have in here. 4 trying to square this in my mind. I'm just 5 On the water advisory time line we 6 say that there's no adverse -- or I'll restate 7 that. 8 no adverse health effects below 10 parts per 9 billion. I think CDC determined that there were 10 And then later in our finding, the 11 first finding slide, we say there's limited 12 information on long-term health impact at low 13 concentrations. 14 I'm just trying to square those 15 two statements in my mind. 16 with that? 17 MS. TYLER: Can you help me The statement that we 18 made about the fact that there is little 19 information available is based on our review 20 of the manufacturer's toxicology reports. 21 22 And from that information we learned that they had all animal studies for 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 74 1 acute or short-term exposures to MCHM at high 2 concentrations. 3 So with that we concluded so far 4 in our investigation that there is very 5 limited information available that we have 6 reviewed thus far for low concentrations, the 7 type of exposures that would have been in the 8 water over several days or several weeks. 9 MR. GRIFFON: Okay. And I think 10 this sort of -- my next question builds on the 11 last one. 12 The Bureau of Public Health and 13 CDC apparently are continuing work on this 14 matter. 15 we're not doing the study of those issues, but 16 we're following it as Johnnie indicated. 17 Is there any update? I mean I know Can you give us an update on what 18 actions the West Virginia Bureau of Public 19 Health, or CDC, or I think there's another 20 group, West Virginia Testing Assessment 21 Project. 22 where they're going with their investigations? 202-234-4433 Can you give us a brief update on Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 75 1 MR. BANKS: Sure. We've been 2 working closely with the West Virginia 3 Department of Public Health from previous 4 incidents. 5 But this may vary. But it's, as I said, a keen 6 interest for us. 7 information I think last week of the effects 8 of MCHM not being or being more severe than 9 was originally reported. 10 There was the release of So those areas that we're looking 11 to try to wrap our arms around and see and 12 engage the significance of those findings. 13 rely on the expertise that those bodies have 14 within to provide the type of information that 15 the public is requesting and in need of to 16 make decisions on whether -- how they feel 17 about the state of affairs regarding the 18 water. 19 We The Bureau of Public Health, 20 Department of Public Health, the TAP project, 21 those are all ongoing processes. 22 continue to partner with them to gather 202-234-4433 Neal R. Gross and Co., Inc. Washington DC So we'll www.nealrgross.com Page 76 1 information and through those collective 2 activities I think we'll provide some 3 information that the public can find useful. 4 MR. GRIFFON: Thank you. And just 5 the last question, and I think this may have 6 been said in the presentation but I think it 7 might bear repeating. 8 9 10 The actions that you list at the end of your presentation. One was the consideration of public health impact. 11 And perhaps you mentioned this 12 already, but can you maybe restate for me as 13 well as the audience what the CSB's role in 14 that. 15 In other words, I don't think 16 we're -- we're certainly not in a position to 17 be doing a health study. 18 are we going to do in that regard regarding 19 health impacts, public health impacts? But I think -- what 20 MR. BANKS: 21 public health experts. 22 examine the reports that come from these 202-234-4433 We are not, you know, But I think we will Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 77 1 bodies that have the expertise. 2 will be -- I think we are in a position to 3 disseminate that information certainly. 4 But we rely on them to have Those facts 5 resources and the wherewithal to give the 6 public the information that they need to make 7 the decisions on usage moving forward. 8 9 MR. GRIFFON: And I'm hopeful also that in doing, in reviewing this information 10 that will give us some insights as to possible 11 gaps in how public health and environmental 12 impact are regulated. 13 probably part of the equation. 14 So I think that's We'll consider this data that's in 15 front of us but then we'll also look and see 16 how the overall system should be changed. 17 Thank you very much. 18 MR. BANKS: 19 CHAIRPERSON MOURE-ERASO: 20 Thank you, Mr. Griffon. 21 22 Thank you. I have a question for the panel too. 202-234-4433 It seems that the issue of storage of Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 78 1 chemicals near waterways is not a West 2 Virginia problem but is a nationwide problem. 3 And one of the issues that you are 4 looking at and that you have talked about in 5 this preliminary investigation is how an 6 inspection of the integrity of these tanks 7 will be necessary. 8 9 And my question is are there specific regulations that give instructions to 10 operators on how to inspect the tank and how 11 to find out if the corrosion might or might 12 not be a problem? 13 regulations? 14 in this issue? 15 Or are these voluntary Or what do we know so far about MR. BANKS: Well, using API 653 16 guidance there's a prescribed methodology for 17 examining tanks that are in service that if 18 followed and adhered to these type of failures 19 can be detected early, the corrections made 20 and there's no impact on the environment or 21 the community when something like this 22 happens. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 79 1 I think one of the observations 2 that I came away from in observing the testing 3 with the various API 653 inspectors was that 4 they were finding areas of concern. 5 one of the tanks been emptied and an API 653 6 inspection conducted in all likelihood the 7 potential failures might have been found and 8 we're not having this conversation. 9 And had So, it speaks to being proactive 10 in considering the potential impact of a 11 failure of a tank such as these in proximity 12 to a water intake for such a large population. 13 It's a tributary to the Kanawha River, the 14 intake to the West Virginia American Water 15 Company. 16 there that loom as large and significant for 17 our agency in terms of impact of an event like 18 this on the community. 19 20 CHAIRPERSON MOURE-ERASO: Thank you, Mr. Banks. 21 22 There's a number of different issues And another question that I have is I understand that OSHA responded to this 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 80 1 situation and they issued some citations. 2 Could you refresh my memory about how did OSHA 3 participate in this? 4 MS. TYLER: Yes. OSHA just 5 recently issued three citations to Freedom 6 Industries. 7 Other Than Serious citations totaling $11,000 8 as of now. 9 There were two Serious and one The citations include, one, they 10 had a violation for not having railings on an 11 elevated platform at the facility. 12 Another one was the walls of the 13 dyked area or the secondary containment were 14 not liquid-tight. 15 And the third one was there was 16 improper labeling of the storage tank. 17 particular, it was containing MCHM but it was 18 labeled as containing something else. 19 were the citations. 20 21 CHAIRPERSON MOURE-ERASO: In Those Thank you very much. 22 At this time I would like to open 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 81 1 the floor for public comment. 2 ask Dr. Horowitz to lead the discussion. 3 4 DR. HOROWITZ: I would like to Thank you, Mr. Chairman. 5 The first commenter is it looks 6 like Janet J.T. Thompson. 7 if you could please spell your name for the 8 transcriber and state your affiliation if you 9 would be so kind. 10 MS. THOMPSON: And Ms. Thompson, J-A-N-E-T T-H-O-M- 11 P-S-O-N. 12 citizens of counties involved in the state. 13 I'm just representing community Initially I thought I would be 14 coming here to -- not having ever came to a 15 findings and recommendation before. 16 thought it would be like the county where we 17 make our comments. 18 discussing the criminal aspect of Freedom 19 hiding this spill because it's obvious from 20 the information that it's been going on longer 21 which is verified with the tanks. 22 I kind of So I thought we'd be And I thought, well, there will be 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 82 1 conversation on the bankruptcy fraud, there's 2 conspiracy on that because the information is 3 out about that. 4 But now that I understand it's 5 about your investigation my concern is this. 6 Freedom -- the Etowah terminal facility, the 7 DEP was supposedly monitoring it since about 8 2005 regarding remediation with the Quaker 9 Pennzoil, the diesel and everything. 10 So I'm not quite sure how this went on for so long. 11 And also, I don't know if you have 12 anything to do with this but it was 400,000 13 gallons of seven chemicals located there. 14 I basically get my information from the 15 papers. 16 So So I'm trying to figure out are 17 the chemicals removed? 18 there still a smell not of the licorice by 19 Washington Manor next to the water plant and 20 in front of Freedom even now? 21 licorice smell, but a strong chemical smell. 22 And if so, why is Not the I don't know if you have anything 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 83 1 to do with that but that's our concerns. 2 And I'm mostly concerned about the 3 children because of the families who didn't 4 know about the spill and don't understand the 5 chemical issues regarding it. 6 no tests and -- our tests as regarding to what 7 the effect is. 8 9 You say there's I'm just concerned that this is still an ongoing thing. And why would the 10 water company change filters before the plant 11 was tore down? 12 So I don't know if you all have 13 anything to do with that but those are my 14 concerns and comments. 15 MR. BANKS: Regarding the nature 16 of our investigation as we make known in any 17 venue that we give oversight of what we do, 18 we're an independent agency. 19 are independent of other entities that are 20 investigating this case. 21 22 And by that we There are other agencies and organizations that have an enforcement or a 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 84 1 penalty component to their findings. 2 by design independent and non-blaming, non- 3 punishing so that we can get to the facts. 4 Ours is And we have conducted our 5 investigation in that vein from the very 6 outset. 7 I think the note that you make of 8 the odors, that is to be expected. 9 making excuses for anything. 10 That's not But they have started the process 11 of removing these tanks from the site. 12 have cut holes in the tank and there is 13 material that -- residue. 14 They And so I don't know that that's 15 what you're smelling but it's very likely what 16 you're smelling. 17 There's a very high likelihood 18 that when the MCHM tanks come up that there 19 will be a reintroduction of the smell of 20 licorice into the atmosphere. 21 prudent for folks to -- to give folks a heads 22 up that that's in the offing, that the tanks 202-234-4433 Neal R. Gross and Co., Inc. Washington DC It would be www.nealrgross.com Page 85 1 are coming up and they may smell MCHM. 2 All of the concerns that you 3 raised, the concerns of the children, we're 4 concerned for everybody. 5 for providing information that is as accurate 6 as we can possibly make it so that folks can 7 make informed decisions on what they need to 8 do. 9 10 And that's our commitment and will continue to be. 11 12 We have a concern DR. HOROWITZ: Next is Maya Nye, People Concerned About Chemical Safety. 13 MS. NYE: Hello, Mr. Chairman. 14 Thank you for once again coming to town, Board 15 Members and trustee staff, investigators. 16 It's always reassuring to see you here because 17 we know that there will be a thorough 18 investigation of what happens at yet another 19 chemical disaster. 20 I want to reiterate Brother John's 21 point from the Chemical Workers Union from the 22 previous presentation and just say that 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 86 1 hopefully the information will be available to 2 the public prior to the meeting to be able to 3 give thoughtful comment that you can then 4 utilize when making your decisions whether or 5 not to pass the report. 6 I also, I heard you mention that 7 lack of inspections and review are a major 8 issue. 9 reiterated time and time again. 10 That's something that we have So it's good to hear that that is something on your radar. 11 And that volunteer programs, it 12 seems it's very apparent that those do not 13 work. 14 And speaking to Mr. Griffon, to 15 your point about what is the role of the 16 Chemical Safety Board in addressing the public 17 health concern. 18 Well, the issue is that we need to 19 have accurate scientific information in order 20 to determine what the hazards are. 21 22 And in this case it's becoming clearer and clearer that we do not have that 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 87 1 information. 2 recently from Dr. Welton and the information 3 that he previously put out. 4 As highlighted by the reports So it's very concerning to hear 5 that potentially this chemical could be 2 to 6 6 times more hazardous than reported, than 7 voluntarily or self-reported from industry. 8 So that's very important. 9 I wonder if you will take into 10 consideration any sort of additional financial 11 penalties, in making recommendations on 12 increasing the financial penalties that are 13 given to industry. 14 again slaps on the wrist show that it doesn't 15 prevent future chemical disasters. 16 Because time and time And going back to the point on the 17 lack of information about this chemical, the 18 information that was utilized to make public 19 health decisions was based on the information 20 that was provided by Eastman Chemical. 21 22 That information is also what is reported on the material safety data sheets 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 88 1 which workers use to determine exposure 2 limits, all kinds of issues. 3 very important that we have accurate data and 4 it just proves that we need checks and 5 balances. 6 So it's very, I obviously have a whole lot to 7 say but maybe I'll present some written 8 comments. 9 again. 10 Thank you for being here once DR. HOROWITZ: Thank you. Next is 11 Vernon Haltom, Coal River Mountain Watch. 12 could you spell your name for the transcriber, 13 please? 14 MR. HALTOM: And Vernon, V-E-R-N-O-N, 15 Haltom, H-A-L-T-O-M as in Mary. 16 Coal River Mountain Watch and the Appalachian 17 Community Health Emergency Campaign. And I am with 18 On January 9 I watched the news 19 that evening and was appalled when the news 20 report stated that this chemical was non- 21 toxic. 22 And I thought of all the people, 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 89 1 our friends and members who were in the 2 affected area who might take that seriously 3 and think that, well, if it's non-toxic it 4 should be okay. 5 And that information was put out 6 by the Department of Environmental Protection. 7 And I think that was somewhat irresponsible in 8 making that statement so early in the crisis. 9 As we found this chemical is far 10 from non-toxic and we're still just learning 11 about it. 12 I think it's also important to 13 note that this was not merely the result of 14 the corrosion of one tank or two tanks, but a 15 culture of resistance to regulation and 16 enforcement of regulations statewide. 17 The previous Governor Joe Manchin 18 once told a coal industry gathering that he 19 didn't want his inspectors going out with a 20 ball bat, cease and desist order and fines. 21 22 That guidance has not been lifted to my knowledge and that culture is still what 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 90 1 has permeated the regulatory agencies in West 2 Virginia so that they do not take their job 3 seriously. 4 They do not conduct inspections in 5 a timely manner or in an effective manner, and 6 they do not issue appropriate fines and cease 7 and desist orders when those things are 8 appropriate. 9 sort of bad behavior. 10 There is no deterrence to this And we've seen the slaps on the 11 wrist that Freedom Industries has received and 12 that's par for the course in West Virginia. 13 The coal industry has many, many 14 violations. 15 into streams and is pumped into well water 16 supplies throughout the coal fields where 17 mountaintop removal occurs and in many places. 18 And it doesn't make the news because it is so 19 routine. 20 This chemical and others leak So I do hope that the 21 recommendations include, one, that the state 22 regulators insist and instill a culture of 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 91 1 making people's health and safety the top 2 priority, not an afterthought, not after the 3 disaster has occurred, and place that health 4 and safety ahead of industry profits and 5 convenience. 6 Now, we need to institute the 7 precautionary principle in West Virginia. 8 wait until people are sick and dead and their 9 heirs possibly sue a polluting industry and 10 settle for pennies on the dollar years down 11 the road. 12 Not And I appreciate your time and 13 thank you for coming and making your results 14 known. 15 Thank you. DR. HOROWITZ: Thank you. Next is 16 John Morawetz from the National Chemical 17 Workers Union. 18 19 MR. MORAWETZ: And for the record it's M-O-R-A-W-E-T-Z. 20 One, thanks for the staff and the 21 Board for some information. 22 process it's very interesting. 202-234-4433 In terms of Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 92 1 It's the first public meeting I've 2 been to that's an update, not a final report. 3 It gives us some insight as to where the staff 4 are going with the report. 5 information and helpful also for you to hear 6 from the public. 7 It's helpful So as an idea of where the process 8 may go I think you may want to consider -- I 9 know it's expensive for everybody to be here, 10 but a few investigators coming to a public 11 meeting, releasing what's going on could be 12 helpful in the future. 13 Two is I work in Cincinnati, Ohio. 14 We are painfully aware of problems that happen 15 upstream of the Ohio River, Kanawha River. 16 In this instance we -- the gates 17 for the water intake are upstream of 18 Cincinnati on the Ohio River and about -- 19 we're used to this. 20 they closed the gates. 21 from inland in Ohio and that's what feeds our 22 system. 202-234-4433 A week after the spill They get the water And then they're closed again. Neal R. Gross and Co., Inc. Washington DC I www.nealrgross.com Page 93 1 also personally drank a lot of bottled water. 2 Our particular involvement is that 3 the Chemical Workers works very closely with 4 American Federation of Teachers. 5 approached us with their West Virginia 6 affiliate for information because on January 7 10th or 11th, maybe 12th, somewhere around 8 there, the custodians who are represented by 9 the West Virginia Teachers Association were 10 And AFT asked to purge the lines in the schools. 11 So we came up with a fact sheet 12 which I've given to Johnnie Banks and to the 13 Board Members, Chairman Moure-Eraso and Member 14 Griffon. 15 And also the Bureau of Public 16 Health in West Virginia basically copied it 17 within a day and put the same thing out. 18 we're very pleased to be able to help get 19 information out. 20 And I'm looking at it now sitting here 21 and realizing at that point in time the 22 recommendation was 1 part per million. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC The www.nealrgross.com Page 94 1 recommendation now is 10 parts per billion. 2 The numbers are very strange. 3 billion is -- with the recommendation 4 originally it was 1,000 parts per billion. 5 basically it was dropped by 2 orders of 6 magnitude divided by 100. 7 Ten parts per So And I remember controversy among 8 toxicologists. 9 We don't have enough information. And what underlies this all? It was pure 10 MCHM. 11 don't know and regretfully all too often 12 there's a rush to "it's safe" without a sort 13 of reasoned discussion, what evidence do we 14 have, and what can we do to have a safe, 15 precautionary principle for people, whether 16 it's workers or the community that could be 17 exposed. You hear all these discussions. 18 We Because every community situation, 19 you scratch the surface, there's a worker 20 situation. 21 later it's going to be an environmental 22 exposure. 202-234-4433 Every worker situation, sooner or So we should look at all of those. Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 95 1 I would say also in terms of the 2 root cause analysis I was very pleased in I 3 think Johnnie's presentation or Lucy's -- I 4 think it was Johnnie Banks' -- that there was 5 a question of siting of the facilities. 6 From the beginning I was shocked 7 to hear that a mile upstream of a water intake 8 for any community let alone a city can have 9 this possibility. It seems to me we need to 10 grandfather in some zoning situation, a 11 question that the CSB has dealt with before, 12 NDK Crystal. 13 -- this facility was close, within a couple 14 hundred feet of Interstate 90. 15 killed. There was an explosion that was A trucker was 16 There should be some question of 17 zoning, not just West Virginia, but where do 18 we want to have facilities that have thousands 19 of gallons of toxic chemicals that are this 20 close to our water intake. 21 22 I also hope that in your report you'll talk about the odor threshold. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 96 1 Clearly, is it adequate. 2 properties there? 3 your time. 4 Morawetz. 6 ahead, sir. Thank you, Mr. And next is David Christianson. 7 MR. CHRISTENSEN: 8 Christensen. 9 registered. 10 Go My name's Dave I'm a retired chemical engineer, DR. HOROWITZ: Sir, would you mind spelling it for the transcriber? 12 13 And thank you very much for DR. HOROWITZ: 5 11 What are the warning MR. CHRISTENSEN: Certainly. C-H- R-I-S-T-E-N-S-E-N. 14 I'm a retired chemical engineer, 15 registered professional engineer, 37 years in 16 the chemical business. 17 process risk assessment. 18 background. 19 Half of that in That's my And my point is that, to use a 20 West Virginia expression, let's not get bore- 21 sighted. 22 Consider what we're looking at here. MCHM and PPH are not unique 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 97 1 chemicals in the lack of knowledge of them. 2 In fact, I think the majority of them out 3 there in the chemical business do not have 4 complete toxicology data. 5 Animal studies are not -- and most 6 of the time that's the limit. 7 unusual to be confronted with this. 8 point on bore-sighted. 9 on these two chemicals. 10 So it's not That's my Let's just not focus The other point is that we heard - 11 - we talk about concentrations, 10 parts per 12 billion, 1 part people million. 13 chemicals do we have in our water supply at 14 the 10 part per billion level? 15 list as long as this room. 16 How many It would be a How many of those do we have 17 toxicology information on? 18 are in the same state as the two chemicals 19 that we're talking about? 20 21 How many of them So that's really my message. It's a broader issue than just these two chemicals. 22 DR. HOROWITZ: 202-234-4433 Thank you. Neal R. Gross and Co., Inc. Washington DC Thank www.nealrgross.com Page 98 1 you for the comment. 2 KCHD. 3 Next is John Robinson, MR. ROBINSON: Actually I thought 4 that was an attendance sheet so I signed in on 5 the wrong page. 6 (Laughter) 7 MR. ROBINSON: 8 But thank you. 9 10 For the record. DR. HOROWITZ: Okay. Did you have MR. ROBINSON: Actually I'm here a comment? 11 12 to ask if there will ever be any studies done 13 on the species that live in the river and how 14 that might affect the environment as well. 15 16 DR. HOROWITZ: speak to that? 17 Do you want to Environmental impacts? MR. BANKS: I think early on there 18 was an assessment of fish. 19 fish-kill recorded. 20 on in the investigation. 21 anything subsequent to that, but again, those 22 are areas of expertise that are beyond our 202-234-4433 And there were no And that was early, early I've not heard of Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 99 1 scope of our investigation. 2 things that can help to develop really a solid 3 base of information from which folks can learn 4 and grow from. 5 DR. HOROWITZ: But those are There's one that 6 I'm just having trouble with the handwriting 7 so if you don't notice your name called please 8 come up after the other three. 9 a little hard to decipher here. 10 11 And then next I think is Vivian Stockman, OVEC. 12 MS. STOCKMAN: Yes, that's 13 Stockman, S-T-O-C-K-M-A-N. 14 Valley Environmental Coalition. 15 16 And it's just OVEC is Ohio Thank you for your investigation here. We definitely need the scrutiny. 17 As the Chairman of the Board noted 18 your investigation so far shows that the self- 19 policing does not work. 20 state government, the DEP is failing to do its 21 job of inspections and enforcement of 22 regulations. 202-234-4433 And it shows that the Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 100 1 I'm struck especially by the 2 statement in the press release from the 3 Chairman which says the accident was a 4 disaster of the highest magnitude, was 5 preventible and must be averted in any other 6 community to prevent disasters in other 7 communities. 8 9 I think in one case or several cases we're a little too late. I'm thinking 10 of the communities of Rawl, Lick Creek, 11 Merrimac and Sprigg in Mingo County and 12 Prenter in Boone County where waste from coal 13 plants has poisoned the well water. 14 what this MCHM chemical was. 15 So that's And we're finding there's probably 16 dozens if not close to a hundred of different 17 type of chemicals used in the coal prep 18 plants. 19 So I'm just wondering if there is 20 any possibility of a recommendation of another 21 study looking into these plants and what 22 chemicals are used at the plants. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 101 1 And no more proprietary formula 2 secrets. 3 are stored, how those tanks are investigated, 4 how they're inspected rather at the prep 5 plants. 6 We need to know where the chemicals We need monitoring of the effluent 7 coming out of these plants. 8 fearful that the MCHM type chemicals have 9 already leached into the waterways and And I'm just 10 communities in the areas that I've mentioned 11 and elsewhere where there's coal slurry 12 impoundments, underground coal slurry 13 injections and these prep plants. 14 I'm afraid this same type of 15 disaster is unfolding in these areas. 16 appreciate it if there's any possibility to 17 extend some sort of investigation to all the 18 chemicals used at those plants. 19 20 DR. HOROWITZ: Next is Chris Hale, Friends of Water. 21 22 Thank you. So I MR. C. HALE: Hello. Chris Hale. And just want to thank you for being here. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC We www.nealrgross.com Page 102 1 need you. 2 To echo a couple of earlier 3 comments with regard to the fees that they're 4 paying their attorneys per month are about 5 roughly $2,500 more than the OSHA fine to put 6 that number in perspective. 7 troubling. 8 9 And we find that We do want to thank you here and this comment is more directed toward our 10 regional and state leaders to finally 11 implement the recommendations. 12 The Chemical Safety Board was here 13 in 2008, 2011 and in 2014. 14 carelessness and industrial negligence needs 15 to stop now. 16 And the cycle of And I will too say that I have 17 family members down river in Louisville, 18 Kentucky. 19 Cincinnati. 20 mains in Louisville. 21 concern. 22 So this didn't only affect They also had to shut off the And this is a great Thank you. DR. HOROWITZ: 202-234-4433 Thank you, Mr. Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 103 1 Hale. 2 3 And the next is Kenneth Hale, NAACP. MR. K. HALE: No relation to Chris that I know of. 4 Historically, Charleston has been 5 known as the chemical capital of the world. 6 And for us in the NAACP it's a concern that 7 environmental justice is not happening in the 8 way that protects its citizens. 9 You've given some figures from 10 your documents and your findings of 10,000 11 gallons being spilled, and the tanks have the 12 capacity of 48,000. 13 because of the lack of inspections and the 14 lack of reports from Freedom Industries that 15 the amount of spill could have been greater. 16 17 And folks can speculate That's not my concern. That's not what I'm a resident expert on. 18 My concern as far as the NAACP and 19 the citizens of West Virginia, we thank the 20 City of Charleston for using the fire 21 departments as distribution points for those 22 to pick up water. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 104 1 But it seemed to have a lack of 2 concern for those who could least afford to 3 purchase water. 4 mentioned by J.T., Washington Manor, Orchard 5 Manor, Littlepage, South Park, all are located 6 near community centers which could have been 7 used and made available by the city to 8 distribute water to the poor and indigent 9 folks of the City of Charleston. 10 And the areas that were And when you consider the fact 11 that it was a week later or even possibly 12 further that folks were able to get to the 13 water or even -- and even have notice. 14 Because not everybody has a TV or a radio in 15 their home. 16 about. 17 the water was not even potable. The indigent folks I'm talking So they may not have even known that 18 And the concern is we need a plan. 19 And I say "we" West Virginia, City of 20 Charleston needs a plan that takes these 21 things into consideration of how water will be 22 dispersed. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 105 1 And not only the water and what 2 happened with the chemical plant. 3 lot of chemical tanks going up and down our 4 tracks which could easily spill into our water 5 system. 6 We have a So when you're looking at above 7 storage tanks I think you also need to look at 8 another industry and that would be the 9 railroad industry, and how they store their 10 tanks, and what type of things. 11 could happen again and especially in this 12 community. 13 Because this And again, we've got a lot of 14 chemical plants, Monsanto, DuPont, all around 15 here. 16 Freedom Industries I think you need to take a 17 closer look at all the industries around the 18 valley. 19 And again, when you're looking at Thank you. DR. HOROWITZ: Thank you. And is 20 there anyone else in the audience who'd like 21 to comment who hasn't signed up? 22 MR. PRICE: 202-234-4433 Yes, sir. Yes, I'm Phil Price Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 106 1 with Neoteric Associates. 2 My question was relating to the 3 very first slide that mentions two chemical 4 components in the spill. 5 domain data from Tennessee Eastman and Dow 6 Chemical easily indicates 10 compounds in the 7 spill. 8 9 And yet public My question is has this group actually done LCMS and GCMS analyses to 10 produce accurate qualitative and quantitative 11 analyses of a retained sample of what was 12 actually spilled. 13 Freedom's word for it as to what was in the 14 tank? Or are we merely taking 15 DR. HOROWITZ: 16 MR. BANKS: Fair question. We obtained samples of 17 the MCHM-PPH mixture early on. 18 information has not been processed in the lab 19 as yet. 20 our information- and data-gathering portion of 21 the investigation. 22 That We are in the process of winding up Now we have to make sense of it 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 107 1 all. 2 relatively small team of folks that have been 3 assigned to this investigation since January. I mean, we go out there and we have a 4 And the bulk of that has been 5 conducting interviews, photo documenting, 6 getting the metal and the samples. 7 Okay, so now comes the really 8 heart and soul of what we do is making sense 9 of it all. 10 So that's the next step in the process. 11 So we do have samples that we have 12 gathered with our partners at OSHA and the 13 plan is to get the results from that. 14 DR. HOROWITZ: 15 ma'am. 16 Any others? Or -- either one. MS. LEWIS: My name is Conni 17 Gratop Lewis. 18 Gratop G-R-A-T-O-P Lewis L-E-W-I-S. 19 Yes, For the transcriber, C-O-N-N-I Like J.T. and Kenneth I'm here on 20 behalf of the citizens of Charleston. 21 this, what I have to offer is some guidance 22 for the staff as they move forward. 202-234-4433 Neal R. Gross and Co., Inc. Washington DC And www.nealrgross.com Page 108 1 It is not sufficient in studying 2 the health impacts to rely on the Bureau of 3 Public Health or the West Virginia State 4 Health Department. 5 Kanawha Charleston Health Department. You must talk to the 6 There were approximately, the best 7 studies indicate 100,000 of the 300,000 people 8 most impacted who reported -- who had physical 9 symptoms. 10 They may have gone to their 11 individual private doctor. 12 decided they weren't sick enough to report to 13 a hospital emergency room or to a clinic like 14 MedExpress. 15 They may have When the state health department 16 and the CDC commented on the health impacts 17 they were extremely dismissive. 18 were insulting to the thousands of citizens 19 who were impacted although perhaps not 20 seriously. 21 22 DR. HOROWITZ: In fact, they Thank you. And I believe we are in contact with that health 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 109 1 department. 2 MR. BANKS: I was remiss in not 3 mentioning the fact that we have been in close 4 contact with Kanawha County Health Department 5 as well. 6 So it's the whole suite of folks 7 that are looking at this incident. 8 had some dialogue with most if not all of 9 them. And we value their input. We have And so it's 10 multiple sources to get information on this 11 incident. 12 DR. HOROWITZ: Thank you for the 13 comment and clarification. 14 think you had a comment too. 15 MS. SODARO: And yes, ma'am, I My name is Linda 16 Sodaro, L-I-N-D-A S-O-D-A-R-O. 17 community member who went through this like 18 everybody else. 19 I'm a And I noticed that you talked 20 about water coming into the tank and causing 21 corrosion at the bottom of the tank. 22 Did you consider water coming 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 110 1 under the tank as Freedom has tried to point 2 the fingers at the airport? 3 MR. BANKS: Yes. We've not ruled 4 anything out. 5 physical evidence as we possibly can and draw 6 conclusions based on that evidence. 7 What we do is we gather as much The evidence based on our 8 observations and input from our tank expert is 9 that the corrosion occurred from within the 10 tank based on the slide that we showed there 11 of the development of two holes and then the 12 gradual lessening of pits that were issuing 13 forth from those first two holes. 14 indicate that there may have been some 15 deformation in the tank floor that allowed 16 water to pool there, which would tend to 17 increase the corrosion. 18 Which does But those are things that we want 19 to make an absolute determination of through 20 our forensic examination of this metal at the 21 lab. 22 So those are things that we hope 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 111 1 to really make a really firm declaration on. 2 3 MS. SODARO: I have another question. 4 DR. HOROWITZ: 5 MS. SODARO: Go ahead. Are you going to be 6 able to determine exactly how long the spill 7 was going on? 8 tasted it in the water in the middle of 9 December. Because I know for a fact I And I thought it was my filter 10 pitcher that needed the filter changed. 11 know it was in there before, well before 12 January 9. 13 MR. BANKS: So I We're in the process 14 of coming back to the site to grab soil 15 samples which will help us to determine the 16 permeability of the soil which kind of 17 indicates the retention characteristics. 18 readily would material that is leached into 19 that soil migrate out towards the Elk River. 20 How So those are things that will help 21 us to determine leak rates and possibly step 22 back and take a look at how long the leak 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 112 1 might have occurred. 2 I'm -- not absolute surety at this 3 stage of the game, but if we can determine the 4 amount of retention characteristic in the soil 5 we may be able to make those things available. 6 MS. SODARO: I thank you for being 7 here because living in fear of your water is 8 no way to live. 9 10 Thank you. Any MS. THOMPSON: Could I just ask Mr. Banks one more question? 13 14 DR. HOROWITZ: others? 11 12 Thank you. DR. HOROWITZ: Sure. Can you come up to the microphone? 15 MS. THOMPSON: Mr. Banks, I 16 appreciate you all too, but as I stated 17 earlier, Freedom site indicates they held 18 seven different chemicals, 400,000 gallons. 19 So my question is will you check 20 all the tanks for holes? 21 none of the other seven, because you had three 22 you checked, aren't leaking. 202-234-4433 And be sure that Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 113 1 And if so, will you do that and 2 then we have even more on our mind that 3 there's other chemicals that actually came out 4 of those? 5 Will you do that? 6 hope you do. Because all the tanks were leaking. I mean, I don't know. 7 MR. BANKS: 8 and there are no plans to do that. 9 I We have not done that What we do is we're looking for a 10 root cause for this event which was the 11 release of a significant amount of MCHM and 12 PPH into the Elk River that impacted 300,000 13 people. 14 We -- if there were indications 15 that there were other chemicals in the water 16 that were detected obviously we would look at 17 those other tanks. 18 But we have limited resources and 19 so what we've done is to wrap our arms around 20 what we see is clearly the source of the 21 problem. 22 And we don't rule out the 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 114 1 possibility of other things but we're not 2 seeing any other constituents that were 3 involved. 4 Now, if we were to see that there 5 are some tanks there that are marked glycerin, 6 for instance. 7 was a pronounced quantity or concentration of 8 glycerin in the water then we would look at 9 those tanks as well. 10 11 If we were to see that there DR. HOROWITZ: sir. 12 Any others? Yes, Come back. MR. K. HALE: I know this is 13 turning into a discussion now because one of 14 our concerns was not just the chemical spill 15 but what type of impact to the intake system 16 to West Virginia water would these chemicals 17 have on its filtering system, you know, things 18 of that nature. 19 So what I'm concerned is our 20 drinking water, our potable water. 21 it was two or three months later before this 22 oh, we need to change our filters at West 202-234-4433 Neal R. Gross and Co., Inc. Washington DC So I mean, www.nealrgross.com Page 115 1 Virginia American Water. 2 Maybe the spill had been stopped 3 but the water intake process and what was 4 being distributed to the community could still 5 be unsafe if these chemicals, MCHM and PPH 6 could affect or get into the water system 7 itself. 8 So there's still some questions 9 about West Virginia American Water, whether 10 they're taking all due diligence in relieving 11 us. 12 Charleston still feel unsafe to drink the 13 water. Because again, they won't -- in 14 And then creating a second intake 15 system from another water source. 16 those questions have been asked. 17 You know, So whatever information you all 18 come out I think needs to go to the Public 19 Service Commission in your report to indicate 20 whether West Virginia American Water has done 21 its due diligence. 22 DR. HOROWITZ: 202-234-4433 Any others? Neal R. Gross and Co., Inc. Washington DC I www.nealrgross.com Page 116 1 think that's it, Mr. Chair. 2 3 CHAIRPERSON MOURE-ERASO: Thank you, Dr. Horowitz. 4 I would like to thank all of you 5 here in the room for your attendance at this 6 public meeting. 7 thank the CSB team that is sitting here in the 8 front for their dedication to both of these 9 two projects. 10 And I also would like to I also want to mention my fellow 11 Board Member Mark Griffon for his comments 12 here today. 13 And all of us share a strong 14 interest in preventing these tragic explosions 15 and chemical releases in the future. 16 I also would like to reiterate my 17 recognition and thanks to Senator Rockefeller 18 for his consistent support for -- to obtain 19 for the agency the necessary resources to 20 conduct our mission. 21 22 Moving forward with our Freedom Industries investigation we will all be 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 117 1 working together with the staff to see that 2 the important recommendations are developed to 3 prevent future accidents that affect the 4 health and safety of local residents and 5 businesses and their implications for the 6 nation. 7 8 I would again like to thank all of you today and to the audience and the staff. 9 10 With that this meeting is adjourned. 11 12 (Whereupon, the above-entitled matter went off the record at 2:34 p.m.) 13 14 15 16 17 18 19 20 21 22 202-234-4433 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 118 A $11 15:21 $11,000 80:7 $2 16:12 $2,500 102:5 A-G-E-N-D-A 2:1 ability 16:6 able 62:18 86:2 93:18 104:12 111:6 112:5 above-entitled 55:8 117:11 aboveground 56:8 65:3 69:17 71:9 absolute 110:19 112:2 access 62:8 69:8 accident 5:1,5 6:11 6:19 8:2 9:2 100:3 accidents 3:22 4:4 4:7,14 10:2 15:4 71:6 117:3 account 51:11 accountable 17:1 accumulated 27:5 accumulating 29:18 accumulations 29:22 30:8 48:11 accurate 85:5 86:19 88:3 106:10 Acoustics 32:12 Act 16:18 acted 20:4 action 5:14 9:8 10:2 11:9 16:15 34:6 53:3 actions 74:18 76:8 active 19:13 44:10 activities 14:17 18:4 44:17 45:4 46:5 76:2 activity 62:6 acute 74:1 add 20:7 addition 7:15 8:22 202-234-4433 16:14 40:19 45:2 58:6 72:5 additional 45:19 87:10 additionally 30:6 46:2 additives 23:5 address 5:5 12:9 32:1 41:16 addressed 32:20 addressing 86:16 adds 23:8 adequate 96:1 adhere 37:16 adhered 78:18 Adjourn 2:22 adjourned 117:10 Administration 38:21 adopted 36:3 advance 50:4 adverse 58:20 73:6 73:8 advised 57:21 advisories 59:1 advisory 58:2 73:5 advocacy 44:10 advocate 11:12 affairs 75:17 affect 98:14 102:18 115:6 117:3 affiliate 93:6 affiliation 81:8 afford 104:2 afraid 101:14 AFT 93:4 aftermath 32:21 afternoon 3:4 20:13 afterthought 91:2 agencies 15:11 16:4 69:12 83:21 90:1 agency 3:21 4:2 17:15 18:13 34:11 40:3 69:11 79:17 83:18 116:19 agency's 39:22 agenda 4:19 7:4 21:5 42:18 53:14 ago 34:11 agree 11:8 ahead 91:4 96:6 111:4 air 25:15 26:2 airport 110:2 AL 1:3 2:6,12 5:1,5 5:16 6:9,20 7:9 8:3,17,19 9:21 10:20 12:13,20 13:18 14:4 17:12 18:10 20:9,14,17 21:9 22:1 23:2,2,6 23:11,16,19,21 24:19,21 25:9,17 26:8,12 28:6,14 29:17 30:6,17 32:5 36:7,12 37:8 37:12,15,21 38:22 39:2 41:1,4,14,22 42:7,14 43:4 46:8 46:11 47:20 48:19 49:6 50:22 51:16 53:11,16,21 54:21 alert 45:13 allocate 15:20 allowed 110:15 allowing 17:17 alloy 23:5 alloys 23:10 aluminum 23:5,10 American 56:17 57:9,21 79:14 93:4 115:1,9,20 amount 103:15 112:4 113:11 amounts 66:9 analyses 106:9,11 analysis 42:9 64:16 65:13 95:2 analyze 50:12 anemic 16:13 animal 60:16 73:22 97:5 animation 22:19 27:20,22 announced 33:22 58:9,19 announcements 57:18 annual 41:19 answering 47:4 answers 15:6 anybody 5:20 48:18 51:17 anymore 6:3 anyway 47:3 API 64:1,2 67:2,9 67:10,12,19 78:15 79:3,5 Appalachian 88:16 appalled 88:19 apparent 86:12 apparently 74:13 appear 65:10 applicability 69:18 apply 41:6 appreciate 13:1 14:19 18:2 91:12 101:16 112:16 approached 93:5 appropriate 58:9 59:7 72:12 90:6,8 Appropriations 15:19 approve 5:8 53:16 53:20 approved 54:18 approximately 24:6 108:6 April 33:21 34:5 area 24:10,10 37:20 57:15 58:11 62:21 66:6,20 67:7 68:3 80:13 89:2 areas 29:8 64:11 67:6 68:4,15 70:10 71:4 75:10 79:4 98:22 101:10 101:15 104:3 arising 36:20 Neal R. 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Washington DC arms 75:11 113:19 arrived 57:5 asked 15:18 93:10 115:16 asking 10:6 aspect 81:18 aspects 4:3 24:14 assessment 40:15 74:20 96:17 98:18 assigned 107:3 assist 61:8 assistance 45:21 associated 30:4 54:3 68:16 Associates 106:1 Association 40:12 72:19 93:9 AST 56:8 65:3 atmosphere 84:20 atmospheres 30:9 62:17 attempt 16:11 attendance 98:4 116:5 attending 18:1 attorneys 102:4 audience 76:13 105:20 117:8 audio 1:21 August 31:4 authority 42:12 auto-ignite 26:2 automated 43:14 available 12:7 28:4 61:2 73:19 74:5 86:1 104:7 112:5 averted 100:5 avoid 28:16 aware 7:15,19 92:14 awareness 45:5 B bachelor 19:5,10 back 87:16 111:14 111:22 114:11 background 22:17 96:18 www.nealrgross.com Page 119 bad 67:18 90:9 balances 88:5 ball 89:20 bank 24:4 bankruptcy 82:1 Banks 1:17 2:7,15 18:9,12 20:6,10 20:11 22:4 24:17 51:19 55:13,16,17 61:11,14 62:6 70:17 71:12 72:5 75:1 76:20 77:18 78:15 79:20 83:15 93:12 95:4 98:17 106:16 109:2 110:3 111:13 112:12,15 113:7 Barbara 16:17 base 40:11 57:6 99:3 based 18:12 33:8 35:10 38:4 46:15 50:10 60:16 72:16 73:19 87:19 110:6 110:7,10 basic 7:14 basically 5:18 82:14 93:16 94:5 bat 89:20 bathing 14:18 60:3 bear 76:7 becoming 18:7 86:21 beg 6:3 beginning 95:6 behalf 2:4 13:14 17:16 107:20 behavior 90:9 believe 39:7 46:20 51:19 108:22 Berkeley 18:18 best 63:21 108:6 better 19:18 beyond 51:16 53:1 72:9 98:22 big 13:5 bill 16:9 202-234-4433 billion 58:21 73:9 94:1,3,4 97:12,14 bills 16:21 bit 50:18 63:3 64:7 65:9 blast 31:9 blended 25:2 blender 25:6 28:7,9 28:10,13,15,20 29:1,3,4 36:18,21 Board 1:1,11,12,13 1:22 2:3,11,13,17 3:5,7,8,11 5:3,7 10:11 11:1,11 13:5,15 15:16 16:4,10 17:7 20:11 21:1,11,13 21:15 36:3 39:12 39:16,20 40:20,21 42:19 44:11 51:3 53:15,19 70:15 71:7,13 85:14 86:16 91:21 93:13 99:17 102:12 116:11 Board's 11:10 15:21 16:6,12 17:12 bodies 75:13 77:1 Boone 100:12 bore 96:20 bore-sighted 97:8 bored 65:8 bottled 58:3 93:1 bottom 109:21 Boxer 16:17 break 55:5,7 Brian 16:22 brief 21:1 74:21 bring 69:2 broad 51:5 broader 97:21 broke 25:1 Brother 85:20 brought 22:14 budget 16:2,13 budgets 52:18 caused 8:14 26:18 31:8,12 36:14 39:10 causes 4:4 12:1 causing 28:11 29:14 37:10 109:20 CDC 58:1,8,13,19 59:1,6 73:7 74:13 74:19 108:16 cease 89:20 90:6 ceiling 29:1 cell 7:22 centers 58:8 104:6 certain 25:16 26:3 46:14 47:1 52:4 certainly 76:16 77:3 96:12 certified 18:19,21 C cetera 51:15 C 1:16 3:1 101:21 CFEI 1:17 2:7,8,15 C-H 96:12 Chair 21:6,20 C-O-N-N-I 107:17 116:1 California 18:15 Chairman 10:14 18:18 11:8 12:16 13:14 call 54:11 55:4 20:11 42:13 43:1 called 6:8 15:15 49:12 54:16 55:18 34:5 63:9 99:7 71:17 81:4 85:13 calling 9:6 16:14 93:13 99:17 100:3 39:13 Chairperson 1:12 Campaign 88:17 2:2 3:3,7 7:3 capable 29:14 12:17 17:19 42:16 37:10 47:5 48:16 53:12 capacity 56:8 54:9,17,19 55:11 103:12 70:16 77:19 79:19 capital 103:5 80:20 116:2 Capito 18:1 chalk 67:21 carelessness 102:14 chance 6:2 carried 29:11 change 83:10 carries 25:22 114:22 case 21:9,12 22:2 changed 77:16 27:8 54:4 63:20 111:10 83:20 86:21 100:8 changes 19:3 43:11 cases 100:9 70:5 catastrophic 27:5 changing 72:15 32:22 35:4 Chapter 41:8,9,9 cause 27:5 70:21 41:11 95:2 113:10 building 26:16 31:3 31:11,13 36:14 40:16 buildings 42:4 builds 74:10 buildup 27:16 bulk 107:4 Bureau 59:15 74:12,18 75:19 93:15 108:2 Burgettstown 39:3 41:22 42:7 43:11 burn 27:1 burned 28:22 burning 29:2 burns 27:15 business 96:16 97:3 businesses 117:5 Neal R. 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Washington DC chapters 41:6 char 29:1 characteristic 112:4 characteristics 25:13 63:6 65:7 111:17 charge 19:20 charges 25:20 Charleston 103:4 103:20 104:9,20 107:20 108:5 115:12 chart 35:6 check 112:19 checked 112:22 checks 88:4 chemical 1:1,11,12 1:13,22 3:5,10,22 4:4,11 9:14 13:5 13:15 14:13,14 15:16,21 16:3,10 16:17,20 17:5,6 17:11 19:10 36:2 40:1 49:14 51:3 53:19 60:21 69:22 82:21 83:5 85:12 85:19,21 86:16 87:5,15,17,20 88:20 89:9 90:14 91:16 93:3 96:8 96:14,16 97:3 100:14 102:12 103:5 105:2,3,14 106:3,6 114:14 116:15 chemicals 12:2 60:3 78:1 82:13 82:17 95:19 97:1 97:9,13,18,21 100:17,22 101:2,8 101:18 112:18 113:3,15 114:16 115:5 Chevron 18:14 child's 68:3 children 83:3 85:3 www.nealrgross.com Page 120 Chris 101:20,21 103:2 Christensen 96:7,8 96:12 Christianson 96:5 Christina 2:9 22:9 Christine 19:17 Christy 38:15 Cincinnati 92:13 92:18 102:19 citations 31:22 80:1,5,7,9,19 citizens 56:19 81:12 103:8,19 107:20 108:18 city 95:8 103:20 104:7,9,19 claimed 33:1 clarification 109:13 clarify 52:2 classic 27:11 classification 46:21 classifications 46:16 classified 35:20 cleaning 17:5 31:15 clearer 86:22,22 clearly 11:16 64:2 96:1 113:20 Clemson 19:9 clients 56:20 clinic 108:13 close 65:13 69:22 95:13,20 100:16 109:3 closed 22:12 92:20 92:22 closely 18:3 75:2 93:3 closer 105:17 closing 21:19 closure 22:14 closures 58:11 clothing 48:12 clouds 26:4 coal 88:11,16 89:18 202-234-4433 90:13,16 100:12 100:17 101:11,12 Coalition 99:14 code 42:12 46:16 46:19 colleague 24:12 colleagues 11:11 15:18 collect 29:18 collected 29:7 34:16 35:10 37:8 collection 29:17 37:15 collective 76:1 combined 14:12 Combustibility 29:11 combustible 8:11 9:8,9,13,18 10:22 11:5,13 19:2 20:16 26:7,13 27:8 28:16 29:14 32:7,9,18 33:2,4,7 33:21 34:17,19 35:1,3,14,16,22 36:14 37:9,18,21 38:3,9,12 39:9,15 39:22 40:9 41:5,8 41:11,16 42:4 43:17 45:3,5,12 45:15,16 46:3,4 46:18 47:10,12,18 48:1,7,14 50:20 51:14 52:5,11 53:6 come 38:15 47:9 76:22 84:18 99:8 112:13 114:11 115:18 comes 107:7 coming 81:14 85:1 85:14 91:13 92:10 101:7 109:20,22 111:14 comment 7:7 10:4 21:20 49:17 81:1 86:3 98:1,10 102:9 105:21 109:13,14 commented 108:16 commenter 49:13 81:5 commenters 53:11 comments 2:12,19 5:3,19 6:1,6 7:8,8 7:10 21:12 48:19 49:5,7 50:5,10 55:2 81:17 83:14 88:8 102:3 116:11 Commission 115:19 commissioned 26:7 61:15 67:11 commit 34:9 commitment 85:9 committed 15:6,9 35:18 Committee 15:19 common 60:10 commonly 60:2 communicated 57:18 58:16 communication 45:17 communications 46:10 communities 15:3 100:7,10 101:10 community 11:19 11:20 78:21 79:18 81:11 88:17 94:16 94:18 95:8 100:6 104:6 105:12 109:17 115:4 compacts 23:4,8 25:3,8 companies 17:1 48:8 company 19:12 22:17 43:4 48:13 56:17,18 57:9,21 63:13 79:15 83:10 company's 38:1 51:11 compel 47:16 complaint 38:6 complaints 57:4 58:10 60:10 complete 97:4 Completing 13:22 completion 34:2 compliance 45:7,20 45:21 component 84:1 components 15:12 106:4 compounds 106:6 computer 69:3 concentration 59:9 114:7 concentrations 26:4 27:3 58:21 61:3 73:13 74:2,6 97:11 concern 67:6 79:4 82:5 85:4 86:17 102:21 103:6,16 103:18 104:2,18 concerned 83:2,8 85:4,12 114:19 concerning 87:4 concerns 83:1,14 85:2,3 114:14 conclude 67:19 concluded 26:17 29:13 74:3 concludes 42:13 70:12 conclusion 17:13 conclusions 110:6 conditions 25:16 26:3 67:18 condolences 10:18 13:2 conduct 37:20 42:9 62:18 90:4 116:20 conducted 24:12 31:18 37:6 62:1 63:21 65:1 67:9 68:2 79:6 84:4 conducting 12:4 Neal R. 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Washington DC 107:5 confinement 27:14 27:16,17 confirm 71:22 confronted 97:7 Congress 16:8 Congressman 17:22 Conni 107:16 consensus 48:3 consider 72:14 77:14 92:8 96:21 104:10 109:22 consideration 69:4 76:10 87:10 104:21 considering 72:11 79:10 consign 69:12 consistent 26:19 60:15 116:18 conspiracy 82:2 constant 13:6 constituents 60:21 114:2 constraints 16:3 contact 13:7 43:15 108:22 109:4 contained 28:20 54:3 66:3 containing 36:18 80:17,18 containment 56:6 80:13 contains 24:8 continue 7:4 11:12 38:9 59:3 66:20 68:20 75:22 85:10 continued 58:10 continues 39:7 continuing 74:13 contracting 51:9,9 contractor 8:8 contractors 41:18 41:20 contribute 47:19 contributed 26:9 www.nealrgross.com Page 121 37:4 control 29:18 30:7 32:2 58:8 controlling 37:17 controls 37:14 40:15 43:7 48:11 controversy 94:7 convenience 91:5 conversation 79:8 82:1 cooking 14:18 copied 93:16 copies 6:8 copy 42:11 50:3 corporate 39:1 Corporation 18:15 corrections 78:19 corrosion 65:2,15 66:12 67:3,15 68:4,8,19 72:1 78:11 89:14 109:21 110:9,17 cost 17:5 counsel 1:16 3:10 54:12 counties 57:1,15 81:12 country 45:14 county 60:9,13 81:16 100:11,12 109:4 couple 43:1 44:20 44:20 71:17 73:3 95:13 102:2 coupons 63:10 course 8:7 68:1 90:12 cover 17:4 53:7 created 46:2 creating 47:22 115:14 Creek 100:10 criminal 81:18 crisis 52:19 89:8 Crystal 95:12 CSB 3:5,12,13,16 3:19 8:12,16,19 202-234-4433 9:6,11,17 11:22 18:13,22 26:6,15 28:4 29:7,16 30:18 31:1 32:8 32:16 33:1,6,19 34:3,15 35:12,21 36:1,5 38:19 39:7 40:4 55:14 58:15 60:22 61:14 66:13 67:11 95:11 116:7 CSB's 2:6 35:11 47:21 76:13 CSP 1:17 2:9,16 CTA 32:12 culture 89:15,22 90:22 Cumberland 6:19 13:19 20:18 23:14 23:20,22 24:4,8 29:9 30:11,15,20 31:6 53:22 curious 43:5 44:13 current 40:11 53:8 custodians 93:8 cut 61:21 62:7,13 63:9 64:14 84:12 cuts 16:2 cutting 62:19 63:15 cycle 102:13 D D 3:1 D.C 18:13 damage 26:17 27:6 66:17 DANIEL 1:16 data 25:18 35:9 60:8 61:1,2,6 77:14 87:22 88:3 97:4 106:5 data-gathering 106:20 date 34:9 45:8 65:16 Dave 96:7 David 96:5 day 14:20,20 28:19 57:5 67:13 93:17 days 28:8 57:17 58:12 68:2 74:8 dead 91:8 dealt 95:11 death 20:20 deaths 8:14 32:10 32:13 December 6:12,15 8:2 13:17 20:19 27:21 30:14 54:1 111:9 decide 5:7 decided 108:12 decipher 99:9 decisions 75:16 77:7 85:7 86:4 87:19 declaration 111:1 declared 35:13 57:14 59:2,6 decline 35:7 dedicated 6:13 dedication 116:8 defective 36:21 defined 42:10 48:8 definitely 99:16 deflagration 26:14 deformation 64:14 66:21 110:15 deformations 26:18 degree 19:6 delayed 33:17 34:19 38:13 deliberation 50:7 deluge 37:4 42:3 denote 67:15 DEP 82:7 99:20 department 9:5 19:21 22:12 30:16 30:21 34:16 35:11 42:11 57:2 60:10 60:14 75:3,20 89:6 108:4,5,15 109:1,4 departments 103:21 depiction 67:2 depicts 34:22 deposits 29:2 described 7:5 58:14 design 4:5 40:16 84:2 designate 39:17,21 designed 4:6,13 40:8 desist 89:20 90:7 despite 16:10 28:13 33:10 38:1 details 22:20 55:2 detected 78:19 113:16 determination 64:19 110:19 determine 26:9 64:16 65:14 66:8 69:6 72:6 86:20 88:1 111:6,15,21 112:3 determined 8:16 26:11 37:7 73:7 deterrence 90:8 detrimental 72:17 develop 9:12 33:3 33:20 35:15 41:15 99:2 developed 46:1 117:2 development 11:12 19:1,13 39:13 110:11 developments 69:15 devices 67:14 diagram 24:19 67:2 dialogue 109:8 diameter 63:3 diesel 82:9 different 11:15 79:15 100:16 112:18 difficult 14:8 52:19 Neal R. Gross and Co., Inc. Washington DC diligence 115:10,21 direct 49:1 directed 102:9 director 1:16 48:22 disaster 15:12 57:14 85:19 91:3 100:4 101:15 disasters 87:15 100:6 discuss 10:15 22:17 39:4 55:5 61:12 discussing 44:21 81:18 discussion 49:1 54:10,11 81:2 94:13 114:13 discussions 44:21 45:2 94:10 Disease 58:8 dismissive 108:17 dispersed 27:2 104:22 dispersion 27:14 disseminate 77:3 distribute 104:8 distributed 115:4 distribution 103:21 distrust 59:3 divide 7:8 divided 4:21 27:2 94:6 doctor 108:11 documented 26:16 documenting 107:5 documents 103:10 doing 19:12 53:18 62:15 74:15 76:17 77:9 dollar 91:10 domain 106:5 door 7:16 doors 7:17 doses 61:5 Dow 106:5 dozens 100:16 Dr 49:10,11 53:10 81:2,3 85:11 87:2 www.nealrgross.com Page 122 88:10 91:15 96:4 96:10 97:22 98:9 98:15 99:5 101:19 102:22 105:19 106:15 107:14 108:21 109:12 111:4 112:9,13 114:10 115:22 116:3 draft 38:16 drank 93:1 draw 110:5 drink 58:2 115:12 drinking 12:3 16:18 59:2 114:20 dropped 94:5 drums 24:22 due 30:3 56:5 65:6 66:12 115:10,21 DuPont 105:14 dust 1:3 6:9 8:11 8:18,21 9:7,8,9,13 9:18,20 10:22 11:5,13 19:2 20:16 26:3,7,14 26:19 27:5,7,8,13 27:14,15,19 28:21 29:14,17,18,22 30:3,13 31:10,11 31:13 32:2,7,9,11 32:12,18,22 33:2 33:4,7,11,13,21 34:4,5,17,20 35:1 35:3,5,10,14,16 36:1,6 37:13,15 37:18,21 38:1,3,9 38:13 39:9,10,15 39:22 40:9,13 41:5,16,17 43:17 45:3,5,12,15,16 46:3,5,18 47:10 47:12 48:1,4,7,10 50:21 52:11 53:21 dusts 28:16 36:15 48:15 dyked 80:13 E 202-234-4433 E 3:1,1 earlier 65:7 66:22 72:9 102:2 112:17 early 57:4 63:20 78:19 89:8 98:17 98:19,19 106:17 easily 25:14 105:4 106:6 east 24:4 Eastman 87:20 106:5 echo 102:2 edition 41:7 education 52:1 effect 72:17 83:7 effective 90:5 effectively 28:15 effects 58:20 59:22 60:15 73:8 75:7 effluent 101:6 either 27:17 107:15 elected 55:1 element 27:18 elements 27:10,14 elevated 80:11 eliminated 43:18 eliminates 27:12 eliminating 43:13 43:14,17 Elk 56:5,11 69:8 111:19 113:12 embargoed 50:4 embrace 47:13 emergency 7:16,19 41:10 45:6 57:11 58:18 70:7 88:17 108:13 Emphasis 35:3 45:22 employed 23:19 employee 31:4 employees 14:4,11 25:10 28:6 30:22 41:18,20 43:21 employers 45:14 48:14 emptied 79:5 enables 27:16 enforceable 48:9 enforcement 83:22 89:16 99:21 enforcing 42:12 engage 75:12 engineer 19:15 96:8,14,15 engineering 19:10 37:14 40:15 48:11 65:20 ensure 20:3 entered 7:16 56:10 entering 68:15 Enterprise 49:7 55:6 Enterprises 7:11 18:11 55:15 entertain 21:10 70:14 entities 83:19 entitled 53:21 entrance 4:20 6:7 environment 78:20 98:14 environmental 11:17 12:5,10 57:3 77:11 89:6 94:21 98:16 99:14 103:7 equally 52:10 equation 77:13 equipment 4:5 25:20 36:21 41:4 63:14 especially 54:22 70:22 100:1 105:11 et 51:15 ethers 56:4 Etowah 56:9 82:6 Eugene 6:22 evacuate 7:19 evening 88:19 event 79:17 113:10 eventually 56:11 everybody 3:19 6:2 49:4 85:4 92:9 104:14 109:18 everyday 14:17 evidence 65:5 94:13 110:5,6,7 evident 28:11 evolution 70:3 exactly 111:6 examination 64:21 69:1 110:20 examinations 61:22 examine 4:3 65:2 69:9 71:8 76:22 examining 78:17 example 41:19 excerpt 28:2 excuses 84:9 exist 48:2 existed 66:13 existing 41:3 69:18 exits 7:20 expand 71:20 expect 48:13 71:20 expected 84:8 expeditiously 34:3 expensive 92:9 experienced 8:17 30:11 expert 65:4 67:12 103:17 110:8 expertise 75:13 77:1 98:22 experts 67:10 76:21 explode 27:1 explosible 26:5 explosion 1:3 6:9 8:7 10:22 13:18 14:4 18:19 20:17 26:10,18,20 27:13 27:18 28:8 29:15 31:5,12 32:13 35:5 36:13,17 37:5,10 40:13,16 47:20 51:7,7 53:21 95:12 Neal R. Gross and Co., Inc. Washington DC explosions 8:13,18 8:21,22 37:14 39:10 40:9 48:4 116:14 explosive 30:9 exposed 27:9 60:2 94:17 exposing 28:16 exposure 12:9 59:17,22 60:4,6 88:1 94:22 exposures 61:2,4 74:1,7 express 10:18 expression 96:20 extend 101:17 extends 72:9 extensive 66:12 extinguish 14:9 extracted 64:22 68:22 extremely 108:17 F facilitated 3:14 68:18 facilities 4:1 23:13 38:5 41:5,12 95:5 95:18 facility 8:5,20 10:20 19:16 20:18 22:18 23:14,16,20 23:21 24:1,1,4,9 26:8 29:10 30:11 30:20 31:6,20 32:6 36:16 37:9 37:22 39:2 42:1,7 56:9,13,15 61:17 61:20 80:11 82:6 95:13 fact 28:13 30:22 45:11 68:13 72:8 73:18 93:11 97:2 104:10 108:17 109:3 111:7 facts 77:1 84:3 failed 64:12 failing 99:20 www.nealrgross.com Page 123 failure 32:2 56:5 63:7 64:20 65:14 68:11 72:7 79:11 failures 78:18 79:7 Fair 106:15 families 12:19 83:3 family 10:19 50:3 102:17 far 47:10 66:1 74:3 74:6 78:13 89:9 99:18 103:18 far-reaching 51:5 fatal 8:18,20 30:11 33:11 fatalities 32:6 34:20 35:2 fatally 31:15 fear 112:7 fearful 101:8 February 58:7,13 58:17 federal 3:21 11:2,7 11:13 15:20 16:2 16:4 17:3 44:7 47:10,15 51:10 53:1,3 57:14 Federation 93:4 feeds 92:21 feel 48:6 75:16 115:12 fees 102:3 feet 95:14 fellow 10:11 116:10 fields 90:16 fighters 14:9 45:6 fighting 45:18 figure 49:20 50:12 82:16 figures 54:3 103:9 filter 111:9,10 filtering 114:17 filters 83:10 114:22 final 13:16 33:7,13 50:7,7 64:19 71:8 92:2 finally 5:8 21:19 38:8 56:14 102:10 202-234-4433 financial 87:10,12 find 69:8 71:5,21 76:3 78:11 102:6 finding 36:12,22 37:12,19 38:8 52:13,18,20 73:10 73:11 79:4 100:15 findings 2:6 5:9 20:15 21:8,14 22:21 36:11 52:11 54:2 60:18 63:20 66:1,16 75:12 81:15 84:1 103:10 fine 25:14 102:5 finely 27:2 fines 31:20 89:20 90:6 fingers 110:2 finish 5:11 fire 1:3 6:10 8:7 9:4 14:9,9 18:19 26:10,14,17 27:7 27:11,12,19 29:15 30:15,21 31:6,8 40:12 41:9,10 42:11,12 45:6,17 52:17 53:21 103:20 fires 8:13,18,20 9:3 27:7 30:16,19 31:2 40:9 48:5 fireworks 51:7 firm 111:1 firmly 15:5 first 4:21 7:9 9:13 9:17 10:17 36:1,4 39:4,22 40:3 41:1 41:21 49:13 50:19 70:18 73:11 81:5 92:1 106:3 110:13 Fiscal 15:19 fish 6:22,22 13:20 13:20 98:18 fish-kill 98:19 five 37:12 57:8 fixed 4:1 flame-resistant 48:12 flammability 25:13 26:1 flammable 14:6,7 62:16 flash 29:15 floor 81:1 110:15 flow 24:19 69:7 fluids 59:21 flushing 57:21 focus 11:22 43:22 97:8 folks 55:21 62:15 84:21,21 85:6 99:3 103:12 104:9 104:12,15 107:2 109:6 follow 22:10 47:7 48:9,14 50:15 follow-up 46:8 followed 9:19,21 36:7 78:18 following 4:19 15:14 17:12 20:2 20:22 41:6 42:17 57:13,17 58:12 69:14 74:16 follows 40:7 41:2 41:14 42:1,8 forefront 53:3 forensic 64:21 110:20 formal 53:18 formation 30:4 formed 25:7 forming 65:10 formula 101:1 formulate 49:20 forth 110:13 Fortunately 16:8 forward 12:12 63:18 66:7 68:20 70:6,11 71:7 77:7 107:22 116:21 found 29:16 58:15 61:1 64:1 65:16 79:7 89:9 four 25:4 35:17 37:6 38:22 40:22 frame 32:12 34:18 35:9 fraud 82:1 Freedom 1:3 2:14 2:20 5:13,14 7:10 11:14 12:15 14:13 15:15 17:1,14 18:11 21:2,17 22:2 49:7 55:6,14 55:20 56:15,21 58:4 61:13,17 70:13 80:5 81:18 82:6,20 90:11 103:14 105:16 110:1 112:17 116:21 Freedom's 106:13 frequency 43:15 65:19,21 frictional 36:20 friends 10:18 89:1 101:20 front 43:20 77:15 82:20 116:8 fuel 27:8 full 16:9 28:3 fully 16:6 50:20 funding 15:10,20 16:3,10 17:4 furnaces 23:9 further 14:13 31:12 104:12 future 4:14 15:4 39:9 87:15 92:12 116:15 117:3 G G 3:1 G-R-A-T-O-P 107:18 gain 72:4 gallons 56:1 82:13 95:19 103:11 112:18 game 112:3 gaps 12:8 77:11 Neal R. Gross and Co., Inc. Washington DC gas 30:5,8 37:1 gates 92:16,20 gather 75:22 110:4 gathered 63:11,18 107:12 gathering 14:22 89:18 GCMS 106:9 general 1:16 3:10 9:8 33:3,8 34:21 38:12 39:8,14,21 40:10 45:12 53:8 54:12 generating 31:9 gentlemen 20:13 getting 15:6 107:6 give 13:2,11 55:21 74:17,21 77:5,10 78:9 83:17 84:21 86:3 given 4:15 87:13 93:12 103:9 gives 92:3 glycerin 114:5,8 glycol 56:3 go 21:5 50:13 92:8 96:5 107:1 111:4 115:18 going 3:15 4:22 5:2 5:3,7,15 10:7 48:21 55:12,12 65:12 74:22 76:18 81:20 87:16 89:19 92:4,11 94:21 105:3 111:5,7 good 3:3 20:13 51:8 67:17 86:9 government 47:10 51:10 99:20 governments 17:4 Governor 57:10 58:17 89:17 Governor's 58:22 grab 111:14 gradual 110:12 graduate 18:17 19:9 www.nealrgross.com Page 124 grandfather 95:10 graph 34:22 grateful 14:1 Gratop 107:17,18 gravel 56:12 great 102:20 greater 103:15 Griffon 1:13 2:3 3:8 10:11,13 20:12 42:20,22 43:19 44:4 46:7 47:2,6 54:8,14,15 71:14,16 72:20 74:9 76:4 77:8,20 86:14 93:14 116:11 ground 14:20 group 51:15 74:20 106:8 groups 4:16 20:4 grow 99:4 growing 65:4 68:9 guess 46:17 guidance 45:8 78:16 89:21 107:21 guide 45:17 H H-A-L-T-O-M 88:15 Hale 101:20,21,21 103:1,1,2 114:12 half 63:4 64:7 96:16 Haltom 88:11,14 88:15 handle 9:7 45:15 52:5 handling 46:17 47:12 48:14 handwriting 99:6 happen 49:9 92:14 105:11 happened 14:21 47:20 105:2 happening 15:13 103:7 202-234-4433 happens 78:22 85:18 happy 70:14 hard 99:9 Hawaii 51:7 hazard 26:1 33:2 40:14 42:9 43:17 45:17 71:3 hazardous 12:2 87:6 hazards 30:4 32:2 35:17 37:13,18 41:16,17 45:12 46:18 61:8 86:20 heads 84:21 health 11:18 12:5,7 19:6 38:21 51:11 56:4 58:20 59:8 59:15 60:8,9,13 60:15,19 61:8 69:10 73:8,12 74:12,19 75:3,19 75:20 76:10,17,19 76:19,21 77:11 86:17 87:19 88:17 91:1,3 93:16 108:2,3,4,5,15,16 108:22 109:4 117:4 hear 13:1 49:19 54:6 86:10 87:4 92:5 94:10 95:7 heard 86:6 97:10 98:20 hearing 12:12,13 53:12 heart 107:8 heat 27:9 28:17 heated 30:5 heating 36:20 heirs 91:9 held 112:17 Hello 85:13 101:21 help 17:4 69:6 73:15 93:18 99:2 111:15,20 helpful 50:2 92:4,5 92:12 hiding 81:19 high 61:4 74:1 84:17 high-pressure 62:13,17 highest 100:4 highlighted 87:1 highlights 14:14 highly 14:6,7 46:17 historically 13:6 51:3 103:4 history 8:17 38:1 40:3 51:11 Hoeganaes 52:1 hold 16:22 Holden 2:5 13:10 13:12,13 17:20 holds 19:5 hole 64:7 65:8,9 66:3,8,19 67:7 holes 62:22 63:1 64:3,6 65:5 68:14 68:17 84:12 110:11,13 112:20 home 104:15 hope 17:11 50:8 52:8 69:2 90:20 95:21 110:22 113:6 hopeful 77:8 hopefully 86:1 hoping 72:14 hopscotch 68:3 Horowitz 1:16 49:10,11 53:10 81:2,3 85:11 88:10 91:15 96:4 96:10 97:22 98:9 98:15 99:5 101:19 102:22 105:19 106:15 107:14 108:21 109:12 111:4 112:9,13 114:10 115:22 116:3 hospital 108:13 hospitalized 59:19 hot 14:10 hours 57:8 House 16:11 housekeeping 40:16 hundred 59:18 95:14 100:16 hydrogen 30:5,8 36:22 hypothesis 72:1 67:8 70:20 87:8 88:3 89:12 117:2 impoundments 101:12 improper 80:16 improvement 9:14 40:1 inadequacies 4:6,8 4:9 inch 63:2,4 64:7,8 incident 6:14 8:10 10:20 11:6,14,15 I 11:16 12:20 14:12 idea 92:7 17:8,13 20:19 identified 9:11 32:9 21:2,18 22:4,19 57:6 22:20 23:11,18,21 ignite 25:15 25:10 26:6,17 ignited 25:14 29:5 27:21 28:12,19 31:9,11,13,17 29:7 30:10,15 36:19 32:11 34:15 35:11 ignition 25:21 37:7,22 42:15 30:12 31:8 37:11 43:9 46:12 70:9 II 72:10 109:7,11 illustrates 11:16 incidents 8:11 9:10 imagine 54:14 9:20 10:16 30:12 immediately 15:15 31:19 32:7,9,15 impact 11:19 12:7 32:22 33:11 34:17 12:10 28:18 60:8 34:20 35:1,8,9,10 60:19 69:10 73:12 36:6 38:2,6,9 75:4 76:10 77:12 78:20 include 40:14 61:4 79:10,17 114:15 80:9 90:21 impacted 57:1,15 included 60:10 108:8,19 113:12 61:18 impacts 12:6 59:8 includes 22:3 76:19,19 98:16 including 4:4 9:21 108:2,16 36:7 40:13 54:2 Imperial 34:2 35:5 56:19 71:1 45:11 incorporate 48:1,7 implement 69:19 increase 23:9 45:4 102:11 110:17 implemented 9:17 increasing 87:12 17:15 36:4 independent 3:21 implementing 15:2 67:14 68:5 83:18 implications 117:5 83:19 84:2 import 69:11 indicate 63:6 65:17 importance 14:14 108:7 110:14 33:15 115:19 important 36:2 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 125 indicated 64:3 74:16 indicates 64:11 66:4 106:6 111:17 112:17 indications 28:22 113:14 indicators 66:15 68:7 indigent 104:8,15 individual 108:11 individuals 6:18 industrial 11:16 14:8 19:6 46:20 56:20,22 102:14 industries 1:3 2:14 2:20 5:13,14 11:14 12:15 14:13 15:15 17:1,14 21:2,17 22:2 38:10 55:20 61:13 61:17 70:13 80:6 90:11 103:14 105:16,17 116:22 industry 4:9,17 9:6 9:19 19:3 32:1 33:4,8 34:21 38:12 39:8,14,21 40:10 45:5 46:16 46:19 48:3 51:1,4 51:15,17 52:4,10 87:7,13 89:18 90:13 91:4,9 105:8,9 information 7:14 12:7 14:22 46:12 59:3 60:20 61:7 69:9 72:22 73:12 73:19,21 74:5 75:7,14 76:1,3 77:3,6,9 81:20 82:2,14 85:5 86:1 86:19 87:1,2,17 87:18,19,21 89:5 91:21 92:5 93:6 93:19 94:9 97:17 99:3 106:18,20 202-234-4433 109:10 115:17 informed 85:7 informing 13:7 18:4 ingestion 60:5 ingredient 19:14 inhalation 60:5 Initially 81:13 initiated 38:6 injections 101:13 injured 8:9 31:5,15 injuries 8:15 32:7 32:10 34:21 35:2 injury 20:21 inland 92:21 inorganic 27:1 input 19:22 50:6 109:9 110:8 inside 14:11 31:15 65:15 insight 92:3 insights 77:10 insist 90:22 inspect 78:10 inspected 101:4 inspection 16:20 37:21 61:15 63:16 64:2 65:18 78:6 79:6 inspections 38:4 61:12 63:20 65:17 65:21 68:5 71:3 86:7 90:4 99:21 103:13 inspector 67:19 inspectors 67:13 79:3 89:19 instance 51:6 92:16 114:6 instill 90:22 institute 91:6 instructions 78:9 instructive 71:4 insulting 108:18 intake 56:16 70:1,4 79:12,14 92:17 95:7,20 114:15 115:3,14 intakes 72:18 integrity 78:6 interest 66:6 69:14 70:2 75:6 116:14 interested 50:2 interesting 91:22 interior 61:19 intermission 5:12 7:12 21:16 49:9 International 49:14 interrupt 7:22 intersects 11:17 Interstate 95:14 interviews 30:18 107:5 intravenous 59:21 introduce 3:16 18:6 21:22 22:21 introduced 16:21 introducing 16:17 investigate 15:16 investigated 8:12 9:1 32:16 101:3 investigates 3:22 investigating 83:20 investigation 2:14 5:10,14,19 8:4,16 10:3,5 12:16 13:17,22 16:15 17:14 18:22 20:10 20:14,16 21:3,8 21:18 22:4,20 29:16 31:18 34:2 36:10 38:18 48:20 53:20 55:20,22 65:12 68:21 70:13 74:4 78:5 82:5 83:16 84:5 85:18 98:20 99:1,15,18 101:17 106:21 107:3 116:22 investigations 4:3 5:1 13:8 20:1 55:15 70:21 74:22 investigative 12:14 18:6 22:11 38:18 42:19 investigator 1:17 1:17 2:8,8,9,15,16 18:10,19 investigators 22:6 22:7 26:15 31:1 85:15 92:10 investigatory 4:2 invite 49:1 invited 21:12 involved 22:1 45:4 46:6 71:1 81:12 114:3 involvement 93:2 involving 8:21 30:12 irresponsible 89:7 irritations 60:1 issuance 33:12 39:14 issue 9:13 10:3 11:1 38:21 40:8,22 77:22 78:14 86:8 86:18 90:6 97:21 issued 33:13 57:9 57:11 58:1,13 80:1,5 issues 11:18 69:13 72:22 74:15 78:3 79:15 83:5 88:2 issuing 44:16 110:12 item 36:1 Jeffrey 6:22 13:20 job 90:2 99:21 Joe 16:16 89:17 John 49:13 91:16 98:1 John's 85:20 Johnnie 1:17 2:7 2:15 18:9 22:3 55:13 74:16 93:12 95:4 Johnnie's 95:3 Johnson 19:12,12 joining 3:7,9 16:16 18:16 July 1:8 9:11 31:14 35:12,21 36:3 39:19 54:4 June 34:8 justice 103:7 K K 103:2 114:12 Kanawha 60:9,13 79:13 92:15 108:5 109:4 KCHD 98:2 keen 69:14 70:2 75:5 keep 25:19 Kenneth 103:1 107:19 Kentucky 102:18 key 36:10,12,22 37:12,19 38:8 66:15 68:7 70:10 J killed 6:18 8:8 J-A-N-E-T 81:10 10:19 12:20 31:5 J.T 81:6 104:4 95:15 107:19 kind 9:9 67:18 James 6:22 13:20 68:18 81:9,15 Janet 81:6 111:16 January 14:17 15:7 kinds 88:2 15:14 56:1 57:4 knew 16:2 57:13,20 58:1,4 know 10:6 14:3 59:14,14 64:5,18 43:5 44:5,14 66:11,14 88:18 46:14,19 50:17 93:6 107:3 111:12 51:6,17 52:16,21 Jay 2:4 52:22 53:5 74:14 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 126 76:20 78:13 82:11 82:22 83:4,12 84:14 85:17 92:9 94:11 101:2 103:3 111:7,11 113:5 114:12,17 115:15 knowledge 89:22 97:1 known 3:20,20 18:8 19:19 60:15 83:16 91:14 103:5 104:16 learn 99:3 learned 8:19 30:18 45:1 73:22 learning 89:10 learnings 72:3 led 12:1 68:14 left 11:20 legislation 16:19 legislatively 16:16 lessening 110:12 let's 96:20 97:8 letters 45:13 46:15 level 39:1 97:14 L levied 31:19 L-E-W-I-S 107:18 Lewis 107:16,17,18 L-I-N-D-A 109:16 Lick 100:10 lab 64:22 106:18 licorice 82:18,21 110:21 84:20 labeled 80:18 lies 24:4,6 labeling 80:16 lifted 58:18 59:1 laboratory 24:10 89:21 lack 65:20 71:2 likelihood 79:6 86:7 87:17 97:1 84:17 103:13,14 104:1 limit 5:22 50:17 lacked 30:6 97:6 ladies 20:12 limited 52:7 60:16 laid 68:18 60:20 73:11 74:5 land 69:5 113:18 large 64:4 79:12,16 limits 88:2 lastly 52:22 Linda 109:15 late 58:17 100:9 line 43:12 73:5 Laughter 98:6 lines 51:20 93:10 launched 33:2 lingering 59:5 lay 69:5 liquid-tight 80:14 layer 25:2 list 44:11 46:19,21 LCMS 106:9 76:8 97:15 leached 101:9 little 44:14,18 111:18 50:18 61:2 63:3 lead 3:15 22:5 30:9 64:7 65:9 71:20 81:2 73:18 99:9 100:9 leaders 102:10 Littlepage 104:5 leak 56:21 57:16 live 98:13 112:8 61:16 62:10 66:5 lives 6:14 13:19 90:14 111:21,22 33:1 leaked 56:7 66:10 living 112:7 leaking 31:7 64:17 local 9:4 42:11 66:8 112:22 113:4 117:4 leaks 66:13 202-234-4433 located 23:14 24:2 56:13,15 67:4,7 82:13 104:5 Loeb 1:16 3:11 20:12 54:11,13,16 54:18 lofted 29:4 31:10 37:10 long 44:8 50:21 82:10 97:15 111:6 111:22 long-term 34:6 59:8 73:12 longer 81:20 look 4:8 11:22 12:12 49:19 50:5 52:8,9 69:16,21 70:3 77:15 94:22 105:7,17 111:22 113:16 114:8 looked 68:2 looking 12:8 22:16 23:2 50:19 72:10 75:10 78:4 93:20 96:21 100:21 105:6,15 109:7 113:9 looks 71:7 81:5 loom 79:16 lost 6:14 lot 19:22 43:13 88:6 93:1 105:3 105:13 Louisville 102:17 102:20 low 59:9 61:3 73:12 74:6 Lucy 1:17 2:9,16 18:20 22:6 32:4 Lucy's 95:3 M M 1:16 M-O-R-A-W-E-... 91:19 ma'am 107:15 109:13 magnitude 94:6 100:4 mailed 45:13 main 24:9 62:21 mains 102:20 major 3:22 86:7 majority 97:2 making 43:14 84:9 86:4 87:11 89:8 91:1,13 107:8 manage 29:21 management 4:10 19:15 managing 1:16 48:22 Manchin 16:16 17:22 89:17 manifested 68:9 manner 90:5,5 Manor 82:19 104:4 104:5 manual 45:17 manufacture 9:7 manufacturer 61:1 manufacturer's 73:20 manufacturers 23:7 March 58:19 Mark 1:13 2:3,8 3:8 10:11,12 19:8 22:5 116:11 marked 114:5 marking 67:15 markings 67:21 Marshal's 52:17 Mary 88:15 material 24:21 25:17 61:6 66:8 69:6 72:15 84:13 87:22 111:18 materials 12:10,11 26:8,21 27:1 29:5 30:2 41:15 46:18 matter 55:9 74:14 117:12 Maya 85:11 MCHM 17:3 56:2 Neal R. Gross and Co., Inc. Washington DC 56:10 58:6,20 59:9 60:15,21 61:1,4,5 66:3,18 74:1 75:8 80:17 84:18 85:1 94:10 96:22 100:14 101:8 113:11 115:5 MCHM-PPH 106:17 mean 74:14 107:1 113:5 114:20 mechanical 28:7,17 30:7 mechanism 64:4,20 MedExpress 108:14 medications 59:21 meeting 1:5 3:4,14 4:20 7:10 18:1 28:5 35:21 36:3 86:2 92:1,11 116:6 117:9 member 1:13 2:3 3:8,17 10:11 20:12 53:15 93:13 109:17 116:11 members 1:11 12:19 21:13 50:3 85:15 89:1 93:13 102:17 memory 80:2 men 6:13 mention 31:22 86:6 116:10 mentioned 4:16 39:16 44:14 46:11 76:11 101:10 104:4 mentioning 109:3 mentions 106:3 merely 89:13 106:12 Merrimac 100:11 message 13:11 58:15 97:20 metal 6:9 8:21 9:7 www.nealrgross.com Page 127 23:4,9 25:1,2,11 25:12 26:9,14,19 28:16 29:13,18 30:12 31:16 32:2 37:2,13 38:1 41:5 41:11,17 51:14 53:21 62:9 68:21 107:6 110:20 metallurgical 61:22 66:17 69:1 71:18,21 metallurgy 72:12 metals 8:6 26:22 30:5 41:8 42:5 52:5,6 64:21 72:10 methodology 78:16 methods 63:22 microphone 112:14 middle 111:8 migrate 111:19 migrated 56:11 mile 95:7 miles 24:6 56:16 mill 25:2,5 31:16 31:17 milled 8:5 25:2 36:18 milling 23:17 million 15:21 16:12 93:22 97:12 mind 73:4,15 96:10 113:2 Mingo 100:11 minimized 62:14 minimum 53:7 minutes 6:1 10:9 50:17 misguided 16:1 mission 116:20 Missouri 23:17 mitigate 37:13 mixed 56:2 mixture 56:7,10 58:5 66:3 106:17 modeling 65:3 69:3 molten 23:9 37:1 202-234-4433 40:12 45:22 91:16 nationwide 78:2 nature 70:5 83:15 114:18 nausea 59:22 60:10 NDK 95:12 near 37:11 78:1 104:6 nearly 16:12 necessary 70:6 78:7 116:19 need 7:18 15:2 33:14 35:22 69:19 71:3 75:15 77:6 85:7 86:18 88:4 91:6 95:9 99:16 101:2,6 102:1 104:18 105:7,16 114:22 needed 11:3 39:9 63:17 111:10 needs 102:14 104:20 115:18 negligence 102:14 Neoteric 106:1 NEP 35:4 37:21 38:3 new 6:19 13:18 20:18 23:14,19,22 24:1,3,8 29:9 30:10,15,19 31:6 38:22 39:2 40:22 41:3 53:22 69:19 news 88:18,19 90:18 NFPA 29:12 32:1 33:8 37:17 40:12 40:13,14 41:7 N 42:10 43:12 48:2 N 3:1 night 57:10 NAACP 103:1,6,18 nine 8:10 57:15 name 81:7 88:12 non 45:8 84:2 99:7 107:16 88:20 109:15 non-blaming 84:2 name's 96:7 non-hazardous names 6:21 17:2 nation 117:6 non-metallic 26:22 National 35:3 moment 6:17 7:2 21:5 monitoring 82:7 101:6 Monsanto 105:14 month 102:4 months 14:16 114:21 Morawetz 49:14,16 52:7 91:16,18 96:5 Morgan 2:9 19:18 22:9 38:15,17 42:17 47:21 morning 57:4,13 motion 53:15,18 54:7,8,10,18 Mountain 88:11,16 mountaintop 90:17 Moure-Eraso 1:12 2:2 3:3,6 7:3 12:17 17:19 42:16 47:5 48:16 53:12 54:9,17,19 55:11 70:16 77:19 79:19 80:20 93:13 116:2 move 44:12 53:13 53:19 70:11 107:22 moving 43:20 44:2 56:12 63:18 66:7 68:20 70:6 77:7 116:21 MSDSs 61:7 multiple 66:16 67:9 68:11 109:10 mute 7:21 non-regulatory 3:21 non-toxic 89:3,10 normally 48:21 northern 24:5 notable 32:11 note 65:8 67:5,8 70:20 84:7 89:13 noted 28:6 40:2 62:22 65:7 66:21 68:4,12,19 99:17 noteworthy 65:22 notice 99:7 104:13 noticed 109:19 notification 61:9 70:8 November 33:19 nuclear 19:16 number 35:1,8 36:12,17 37:6 50:14 68:4 79:15 102:6 numbers 94:2 Nye 85:11,13 O O 3:1 Obama 57:14 object 8:3 obliterated 67:22 obscure 58:16 obscured 67:20 observations 79:1 110:8 observe 63:13 observed 26:15 64:10 66:19 67:3 70:19 observing 79:2 obtain 116:18 obtained 106:16 obtains 23:6 obvious 72:6 81:19 obviously 44:16 70:1 88:6 113:16 Occupational 38:20 occur 17:3 27:19 Neal R. 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Washington DC 38:9 65:14 occurred 6:11 10:16 14:4 20:17 20:19 23:18 30:19 54:1 56:21 61:16 64:4,17 70:9 91:3 110:9 112:1 occurs 27:7 90:17 October 46:1 odd 68:16 odor 57:3 58:10 59:5 95:22 odors 84:8 offer 21:12 107:21 office 2:5 13:7,10 23:13 24:10 37:20 52:14,17 58:22 officers 45:7,20 offices 18:3 officials 55:1 offing 84:22 oh 114:22 Ohio 24:5 92:13,15 92:18,21 99:13 okay 54:9 74:9 89:4 98:9 107:7 once 5:11 22:11 85:14 88:8 89:18 ones 65:10 70:22 ongoing 45:22 68:6 75:21 83:9 onsite 57:5 67:13 open 80:22 open-unacceptable 35:20 39:19 opening 2:2 10:12 openings 62:7 operate 25:6 operated 23:12 operating 39:2 40:17 operation 4:10,11 24:15 43:21 44:2 operations 15:22 16:5 37:3 41:4 operator 25:6 operators 25:5,7 www.nealrgross.com Page 128 29:20 78:10 opportunity 42:18 Orchard 104:4 order 52:12 57:10 57:11 58:19 86:19 89:20 orders 90:7 94:5 organic 26:21 organization 19:19 51:15 organizations 4:17 52:5 69:12 83:22 original 33:20 originally 75:9 94:4 originate 65:5 originated 36:18 72:7 OSHA 9:16 10:1 31:18 32:17 33:3 33:7,12,14,20,21 34:3,5,8,12 35:15 35:19,22 36:4 37:20 38:11 39:8 39:14 40:21 44:5 44:13,15,21 45:3 47:18,22 48:6 50:20 52:14 53:1 53:2,4 79:22 80:2 80:4 102:5 107:12 OSHA's 35:13 osha.gov 46:3 outreach 9:15 outset 84:6 outside 24:9 32:11 65:6 OVEC 99:11,13 overall 77:16 overdue 50:21 oversight 15:11 71:9 83:17 overview 22:18 24:14,19 owned 23:12 oxide 25:1 oxygen 27:9 P 202-234-4433 P 3:1 P-S-O-N 81:11 p.m 3:2 55:9,10 57:7 117:12 package 15:20 paddles 28:10,18 page 6:13 98:5 painfully 92:14 panel 77:21 panhandle 24:5 papers 82:15 par 90:12 Park 104:5 part 4:22 7:9 11:10 45:22 59:12 77:13 93:22 97:12,14 participate 80:3 participated 18:22 particular 51:13 80:17 93:2 particulates 25:14 29:4 36:19 parties 50:3 partner 75:22 partners 107:12 parts 4:21 58:21 73:8 94:1,2,4 97:11 pass 86:5 passed 14:16 16:8 patients 59:16,19 60:5 pattern 68:12 paying 102:4 penalties 87:11,12 penalty 84:1 pennies 91:10 Pennsylvania 19:7 24:2,7 39:3 41:22 Pennzoil 82:9 people 5:4 8:8 13:20 14:19 43:15 43:18 44:2 47:12 47:14 49:1 54:21 60:2 85:12 88:22 91:8 94:15 97:12 108:7 113:13 people's 91:1 percent 46:13 47:1 56:3 60:11,11,12 period 7:7 periodic 41:19 permeability 111:16 permeated 90:1 person 6:1 18:7 personally 13:2 93:1 persons 55:1 perspective 102:6 petroleum 72:15 Ph.D 1:12,16 pharmaceutical 19:13 phase 22:11 phenol 56:3 Phil 105:22 phones 7:22 photo 107:5 physical 4:4 108:8 110:5 pick 103:22 pieces 63:14 pitcher 111:10 pits 110:12 pitting 64:10 66:16 68:12 Pittsburgh 24:7 place 25:19 34:21 43:7 70:9 91:3 placed 16:3 places 90:17 plaintiffs 63:12 plan 10:9 11:10 104:18,20 107:13 planning 70:8 plans 53:1,2,5,9 113:8 plant 41:16 69:22 82:19 83:10 105:2 plants 100:13,18,21 100:22 101:5,7,13 101:18 105:14 platform 80:11 play 44:9 played 28:1 62:5 please 7:21 13:12 49:3,8 81:7 88:13 99:7 pleased 93:18 95:2 podium 38:16 55:13 61:12 point 3:17 7:13 53:13 85:21 86:15 87:16 93:21 96:19 97:8,10 110:1 pointed 64:6 points 50:15 103:21 poisoned 100:13 policing 99:19 polluting 91:9 pool 110:16 pooling 68:15 poor 104:8 population 56:4 79:12 portion 22:1 24:11 36:9 65:13 106:20 portions 61:21 62:8 posing 39:5 position 76:16 77:2 possibility 27:12 66:5 95:9 100:20 101:16 114:1 possible 12:8 43:18 46:21 50:8 60:6 62:16 77:10 possibly 37:3 68:14 85:6 91:9 104:11 110:5 111:21 post 63:15 postponed 34:6 potable 104:17 114:20 potential 61:8 63:6 79:7,10 potentially 30:9 64:11 87:5 powder 14:5,8 25:18,19 26:9 Neal R. Gross and Co., Inc. Washington DC 29:13 powdered 52:6 powders 41:6 PPH 56:10 58:5 59:9 60:21 66:3 96:22 113:12 115:5 practice 30:1 practices 37:16 48:13 63:22 precautionary 91:7 94:15 precautions 45:18 pregnant 58:2 preliminarily 63:19 65:4 preliminary 60:8 60:18 78:5 Prenter 100:12 prep 100:17 101:4 101:13 prepare 4:18 prepared 3:12 20:15 prescribe 65:21 prescribed 78:16 presence 27:9 29:2 62:16 present 1:11,15 4:22 5:4 7:9,11 12:21 21:17 22:19 50:11 88:7 presentation 2:6 3:18 5:13,17 20:8 20:10,22 21:8 22:16 23:1 24:12 32:3 36:10 42:14 49:8 71:11 76:6,9 85:22 95:3 presentations 5:6 49:20 presented 53:17 55:2 70:19 President 57:14 press 100:2 pressed 23:4,8 25:3 presses 25:7 www.nealrgross.com Page 129 pressure 26:19 27:16 pretty 63:15 prevent 4:7,13 9:9 10:2 27:18 39:9 40:9 47:19 87:15 100:6 117:3 prevented 9:22 36:8 preventible 100:5 preventing 15:12 48:4 71:6 116:14 prevention 41:10 48:10 previous 35:13 38:5,20 40:5 75:3 85:22 89:17 previously 29:6 87:3 Price 105:22,22 primarily 71:22 primary 23:13 principle 91:7 94:15 prior 18:16 28:8 30:10 62:7 64:18 66:10,13 86:2 priority 34:10 91:2 private 108:11 proactive 79:9 probably 6:7 77:13 100:15 problem 68:8 78:2 78:2,12 113:21 problems 28:7 92:14 procedures 25:19 40:17 proceed 5:12 34:3 54:12 55:12 65:11 proceedings 8:1 59:11 process 4:11 17:10 24:14,18,20 25:4 29:19 34:7,14 38:11 41:5 42:4,9 43:16 49:17 50:1 202-234-4433 70:5,8 72:16 84:10 91:22 92:7 96:17 106:19 107:10 111:13 115:3 processed 8:5 36:15 106:18 processes 23:3 75:21 processing 23:12 25:10 29:9 produce 26:13 106:10 produced 1:21 5:16 28:17 37:1 producers 23:5 production 19:14 23:13,22 24:1,9 26:16 31:2,11 36:13 professional 18:21 96:15 proficient 69:13 profits 91:4 program 9:15 20:7 35:4 36:2 46:1 programmatic 65:18 programs 86:11 progress 5:18 54:3 55:6 Prohibit 42:2 project 74:21 75:20 projects 116:9 prominent 62:11 promulgate 32:18 promulgating 33:16 38:12 pronounced 114:7 propane 31:7,9 properly 15:10 properties 96:2 proposed 21:14 22:21 34:9 35:16 41:13,21 proposing 38:19 39:11 40:19,21 proprietary 101:1 propylene 56:3 protect 15:3 protection 16:18 40:12,17 41:10 57:3 89:6 protects 103:8 proves 88:4 provide 17:3 21:1 22:18 55:14,19 61:7 75:14 76:2 provided 1:22 60:9 87:20 provides 56:18 providing 85:5 provisionally 50:10 provisions 48:2,4 proximity 79:11 prudent 84:21 public 1:5 2:12,19 3:4 7:6 11:18 21:11 35:21 48:18 50:2 57:19 59:15 60:19 69:10 74:12 74:18 75:3,15,19 75:20 76:3,10,19 76:21 77:6,11 81:1 86:2,16 87:18 92:1,6,10 93:15 106:4 108:3 115:18 116:6 public's 12:9 publication 50:5 publicly 10:4 publish 33:7 published 45:11,16 pumped 90:15 punishing 84:3 purchase 104:3 pure 94:9 purge 93:10 pursue 66:7,21 pursuing 70:11 put 43:6 50:16 87:3 89:5 93:17 102:5 puzzled 50:18 Q realizing 93:21 really 18:2 43:16 65:13 97:20 99:2 107:7 111:1,1 reasoned 94:13 reassuring 85:16 received 46:9,11,22 57:3 90:11 recipients 4:15 recognition 116:17 recognize 10:10 12:18 recognized 33:14 recommendation 9:12,17 11:6 17:12 33:12,20 35:14,19 36:5 38:14 39:5,13,17 40:6,20 41:1,13 41:21 42:6 44:5,6 44:22 47:22 51:8 52:20 81:15 93:22 94:1,3 100:20 R recommendations R 3:1 2:6,9 4:13,15 5:9 R-I-S-T-E-N-S-E... 13:16 19:2,20,21 96:13 20:2,3,5 21:14 radar 86:10 22:9,11,13,22 radio 104:14 32:17,19 33:11 Rafael 1:12 2:2 3:6 38:16,20,22 39:18 railings 80:10 40:5,22 43:3 47:9 railroad 105:9 47:11 50:19,22 raised 85:3 51:16,20 52:1,10 ran 25:5 52:14,16 53:6 randomized 38:4 54:2 87:11 90:21 rapidly 27:15 102:11 117:2 rash 60:11 recommended 11:2 rates 111:21 25:18 30:2 33:3,6 raw 24:21 34:3 37:17 Rawl 100:10 reconvene 55:5 re-issuance 35:2 record 55:9 91:18 reach 14:10 98:7 117:12 reaching 56:14 recorded 22:14 reaction 37:1 98:19 read 6:21 36:10 records 59:16 38:16 65:17 readily 111:18 recycling 41:12 reads 41:2,14 42:8 Quaker 82:8 qualitative 106:10 quantitative 106:10 quantities 27:4 quantity 28:21 114:7 quarters 63:2 question 47:8,17 74:10 76:5 77:21 78:8 79:21 95:5 95:11,16 106:2,8 106:15 111:3 112:12,19 questions 2:11,17 5:4,20 11:21 15:7 21:11 42:19,21 43:1 47:4 49:21 70:14 71:13,15,17 72:21 115:8,16 quick 54:13 quite 82:10 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com Page 130 51:14 reduce 59:21 referenced 54:4 referral 38:7 Refinery 18:15 refresh 80:2 refresher 41:19 regard 76:18 102:3 regarding 12:7 13:17 57:19 75:17 76:18 82:8 83:5,6 83:15 regardless 38:5 regional 102:10 registered 96:9,15 regretfully 94:11 regular 16:19 65:18 regulated 77:12 regulation 33:8 47:15,19 69:17 89:15 regulations 4:6 12:8 15:10 19:3 71:4 78:9,13 89:16 99:22 regulators 4:17 90:22 regulatory 45:9 71:9 90:1 reintroduction 84:19 reissuing 11:6 44:6 reiterate 38:19 39:12 40:20 85:20 116:16 reiterated 40:4 44:22 86:9 reiteration 39:6 related 4:5 15:7 39:18 60:19 relating 106:2 relation 103:2 relatively 107:2 release 57:6,17 69:3 75:6 100:2 113:11 202-234-4433 released 56:4 58:5 59:20 releases 116:15 releasing 92:11 relied 29:20 relieving 115:10 rely 75:13 77:4 108:2 remain 15:5 remained 59:5 remains 34:10 59:9 remarks 10:9 remediation 82:8 remember 6:17 94:7 remind 5:22 7:6 49:4 remiss 109:2 removal 27:16 62:8 63:13 90:17 removed 25:1 82:17 removing 27:10 84:11 repair 28:15 repeated 32:16 33:10 repeating 76:7 replace 28:15 report 5:16,18 6:8 6:11 12:14 13:16 43:2 44:15 49:18 49:19 50:4 51:21 52:2 53:14,16,20 55:3,6 71:8 86:5 88:20 92:2,4 95:21 108:12 115:19 reported 31:1 58:11 59:17 60:6 60:14 75:9 87:6 87:22 108:8 reporting 11:5 reports 3:12 51:4,5 53:7 73:20 76:22 87:1 103:14 representatives 16:11 54:22 63:12 represented 93:8 representing 81:11 request 10:8 16:7,9 49:5 requested 13:9 requesting 75:15 require 16:19 41:18 required 9:4 25:4 requirements 9:19 48:8,10 requires 27:13 rescheduled 34:13 research 19:12 resident 103:17 residents 56:20,22 59:3 117:4 residual 31:16 residue 28:22 84:13 resistance 89:15 resources 46:4 77:5 113:18 116:19 respond 16:6 51:18 responded 30:16 79:22 responders 45:6 responding 17:7 response 30:21 35:13 39:19 41:11 responses 9:4 rest 59:20 restate 73:6 76:12 restrict 16:5 restrictions 61:10 result 4:22 6:18 16:1 30:20 31:19 38:17 89:13 resulted 20:20 32:10,13 34:20 resulting 10:22 results 5:8 91:13 107:13 resume 14:18 resumed 55:10 retained 106:11 retention 111:17 112:4 retired 96:8,14 return 61:11 revealed 58:4 review 73:19 86:7 reviewed 59:15 60:22 74:6 reviewing 12:6 77:9 reviews 71:3 Richard 1:16 3:11 Richmond 18:15 right 3:11 15:2 19:20 67:7 rigor 65:22 rigorous 65:18 risk 62:15 96:17 river 19:15 24:5 56:5,9,12 69:8 79:13 88:11,16 92:15,15,18 98:13 102:17 111:19 113:12 riverbank 61:20 road 91:11 Robinson 98:1,3,7 98:11 Rockefeller 2:4 13:4,12,14 17:17 116:17 role 44:10 76:13 86:15 roof 68:14 room 7:19 26:2 29:5 97:15 108:13 116:5 root 70:20 95:2 113:10 roughly 102:5 round 63:10 Rounding 22:8 routes 60:4 routine 90:19 rule 4:10 33:21 34:4,10 35:16 45:3 48:1,7 Neal R. Gross and Co., Inc. Washington DC 113:22 ruled 110:3 rulemaking 33:22 34:7,13,19 35:18 38:11 rules 69:18,20 run 25:7 rush 94:12 S S 3:1 S-O-D-A-R-O 109:16 S-T-O-C-K-M-A... 99:13 safe 58:14 59:2,4 94:12,14 safeguards 15:3 safety 1:1,11,12,13 1:22 3:5,10 4:9,11 4:12 7:14 9:14 11:2,7,17 13:5,15 14:15 15:16,21 16:4,10,18 17:7 17:12 18:21 19:6 25:17 31:20 36:2 38:21 40:1,5 51:3 51:12 53:19 61:6 85:12 86:16 87:22 91:1,4 102:12 117:4 sale 25:3 sample 106:11 samples 26:12 29:7 37:8 62:13 63:9 63:17 106:16 107:6,11 111:15 Savannah 19:15 saw 4:20 6:7 says 100:3 scanning 61:18 Schatz 16:22 scheduled 34:12 schools 58:11 93:10 science 19:5,10 scientific 86:19 scope 99:1 scoring 28:11 www.nealrgross.com Page 131 Scott 6:22 scrap 23:4,6 25:11 scratch 94:19 screening 34:15 35:11 scrutiny 99:16 second 6:13 41:13 54:6,8 115:14 secondary 31:12 56:6 80:13 secrets 101:2 section 42:10 62:21 64:15 sections 63:10 see 6:12 33:18 35:6 63:4 64:9 69:17 71:12 75:11 77:15 85:16 113:20 114:4,6 117:1 seeing 114:2 seek 16:22 seemingly 27:4 72:16 seen 90:10 selected 65:1 selection 38:5 self 99:18 self-policing 71:5 self-reported 87:7 Senate 15:19 Senator 2:4,5 13:4 13:10,11,14 16:22 17:17,22 116:17 Senators 16:16 sense 55:21 106:22 107:8 sent 46:15 September 34:1 sequestration 16:2 series 63:5 serious 8:11 31:20 68:8 80:6,7 seriously 89:2 90:3 108:20 service 66:18 72:13 78:17 115:19 set 61:21 202-234-4433 settle 91:10 seven 9:3 30:16 32:13 38:8 82:13 112:18,21 severe 9:20 36:6 75:8 severely 16:5 severity 35:8 shape 68:16 share 62:4 116:13 sheet 10:5 25:18 45:11 93:11 98:4 sheets 61:7 87:22 shipped 24:22 shocked 95:6 short 21:16 44:15 62:2 short-term 61:4 74:1 show 27:20 87:14 showed 110:10 showering 60:4 showing 68:10 shown 24:3,18,22 27:11 shows 22:19 62:2 99:18,19 shut 102:19 sick 91:8 108:12 side 7:17,17,18 sighted 96:21 sign 10:6 signed 98:4 105:21 significance 75:12 significant 19:1 26:1 79:16 113:11 signs 68:11 silence 6:17 7:2 similar 4:14 61:16 simple 14:1 simplified 24:19 sir 96:6,10 105:21 114:11 site 15:15 24:8 63:16 69:5 84:11 111:14 112:17 sites 63:7 siting 69:21 95:5 sitting 49:17 93:20 116:7 situation 80:1 94:18,20,20 95:10 six 14:16 37:19 sixty-nine 59:19 skin 60:1,11 slaps 87:14 90:10 slash 16:12 slide 24:18 64:13 67:1 73:11 106:3 110:10 slides 63:5 73:3 slowly 14:18 slurry 101:11,12 small 26:4 27:4 107:2 smaller 65:9 smell 82:18,21,21 84:19 85:1 smelling 84:15,16 Sodaro 109:15,16 111:2,5 112:6 soil 56:11,12 111:14,16,19 112:4 solid 26:21 99:2 Solutions 1:3 2:6 2:12 5:2,5,16 6:9 6:20 8:3,17,20 9:21 10:20 12:13 12:20 13:18 14:5 17:13 18:10 20:9 20:14,17 21:9 22:1 23:2,3,6,12 23:16,19,21 24:20 24:21 25:9,17 26:8,13 28:6,14 29:17 30:6,17 32:5 36:7,13 37:9 37:12,16,22 38:22 39:2 41:2,4,14,22 42:7,14 43:4 46:9 46:11 47:20 48:19 49:6 53:11,16,22 54:22 somewhat 89:7 soon 28:4 sooner 94:20 sort 74:10 87:10 90:9 94:12 101:17 soul 19:19 107:8 source 31:8 37:11 113:20 115:15 sources 25:21 109:10 South 104:5 sparking 25:20 sparks 28:17 speak 44:3 69:6,13 98:16 speaking 86:14 speaks 69:10 79:9 specialist 2:10 22:10 38:15 species 98:13 specific 41:17 78:9 Specifically 37:15 speculate 103:12 spell 81:7 88:12 spelling 96:11 spend 43:15 spending 16:9 spill 12:1,6 14:13 14:17 15:8,14,17 16:15 17:5 64:4 81:19 83:4 92:19 103:15 105:4 106:4,7 111:6 114:14 115:2 spilled 103:11 106:12 spills 17:2 spokesman 58:7 spontaneously 25:15 spots 14:10 sprays 29:21 Sprigg 100:11 sprinkler 42:2 square 73:2,4,14 staff 1:15 3:12,13 3:16 17:22 39:5 Neal R. Gross and Co., Inc. Washington DC 39:11 45:21 85:15 91:20 92:3 107:22 117:1,8 staff's 42:14 staffing 15:11 stage 112:3 standard 9:13,18 9:20 11:2,7,13 32:18 33:4,9,13 33:15,17 34:6 36:1,5 38:13 39:8 39:14,21 40:8,11 41:7 44:7,16 46:20 47:18 50:21 53:6 standards 4:9,18 19:4 32:1 40:13 48:3 start 20:7 21:4,21 35:18 started 84:10 starting 45:10 state 17:3 18:8 19:7 52:18 53:1,2,5,8 57:11 58:18 75:17 81:8,12 90:21 97:18 99:20 102:10 108:3,15 stated 28:9 29:6 34:8 88:20 112:16 statement 2:4 17:18 49:2,3,22 58:14 73:17 89:8 100:2 statements 2:2 10:12 73:15 States 8:14 statewide 89:16 static 25:20 status 39:18 53:8 step 107:9 111:21 steps 15:1 33:16 34:7,13 38:11 63:17 Steven 7:1 13:21 Stockman 99:11,12 99:13 www.nealrgross.com Page 132 stop 102:15 stopped 23:22 115:2 storage 16:20 24:10 56:8 65:3 69:17 71:9 77:22 80:16 105:7 store 42:4 105:9 stored 101:3 strange 94:2 streams 90:15 strength 23:10 strengthen 15:10 69:19 strengths 51:2 striking 28:10,14 strong 82:21 116:13 struck 100:1 studied 54:5 studies 12:5 60:17 61:3 73:22 97:5 98:12 108:7 study 33:2 74:15 76:17 100:21 studying 108:1 subject 64:15 65:12 68:21 submit 6:5 42:11 subsequent 98:21 substance 14:6 17:2 substantial 28:20 sue 91:9 suffered 32:6 sufficient 27:2 108:1 sugar 34:2 35:4,5 45:11 suggest 29:3 suite 109:6 supervisor 25:5 31:14 supervisory 1:17 2:7,15 18:9 suppliers 24:22 supplies 90:16 202-234-4433 supply 58:6 97:13 support 19:1 44:6 116:18 supporter 13:5 supporting 50:20 supposedly 4:7 82:7 sure 22:13 44:19 63:16 75:1 82:10 112:13,20 surety 112:2 surface 67:20 94:19 surprised 47:3 surrounding 61:19 susceptible 38:10 suspects 66:13 Suspended 27:15 suspension 27:17 Swain 7:1 13:21 swiftly 17:7 symptoms 59:16 60:7,14 108:9 system 29:17 30:7 37:4,15 62:18 67:15 70:1 77:16 92:22 105:5 114:15,17 115:6 115:15 systems 4:10 42:3,3 56:13 57:22 70:4 T T-395 67:5 T-396 57:6 64:3 67:3 T-397 66:20 T-H-O-M 81:10 table 3:9 take 5:7 6:3 9:8 10:1 15:2 21:4 51:10 52:8 55:7 55:13 69:4 87:9 89:2 90:2 105:16 111:22 takes 104:20 talk 95:22 97:11 108:4 talked 54:21 78:4 109:19 talking 10:7 97:19 104:15 tank 31:7,9,16 56:6 56:8 61:12,15,16 61:19,21 62:7,10 62:21 63:10 64:14 64:15 65:3,6,13 66:2,2,5,10,22 67:21 68:15 69:21 72:2,8 78:10 79:11 80:16 84:12 89:14 106:14 109:20,21 110:1,8 110:10,15 tanks 16:20 61:16 62:19,20 64:22 66:18 68:9,22 69:17 71:10 78:6 78:17 79:5 81:21 84:11,18,22 89:14 101:3 103:11 105:3,7,10 112:20 113:4,17 114:5,9 TAP 75:20 task 14:1 tasted 111:8 Teachers 93:4,9 team 3:15,17 5:15 18:6 20:9,15 21:10,16,22 22:2 22:3,4,8,17 38:18 40:21 42:20 52:2 71:15 107:2 116:7 team's 12:14 21:7 21:13 71:8 technique 62:12,14 63:8 tell 12:22 44:17 temperature 26:2 Ten 94:2 tend 110:16 Tennessee 106:5 terminal 56:9 82:6 terms 68:3 79:17 91:21 95:1 test 63:22 72:1 testing 26:7,11 29:11,12 37:6 61:18 71:19,21 72:4 74:20 79:2 tests 65:1 67:9 68:2 83:6,6 Texaco 18:14 text 40:6 thank 7:3 10:13 12:16,17 13:13,15 17:6,16,19,21 24:16 42:16,22 46:7,7 47:3,5 48:16 49:11,16 53:9,10 54:19,20 55:7,17 59:13 61:14 70:16 71:11 71:16 72:20 76:4 77:17,18,19 79:19 80:20 81:3 85:14 88:8,10 91:13,14 91:15 96:2,4 97:22,22 98:8 99:15 101:19,22 102:8,21,22 103:19 105:18,19 108:21 109:12 112:6,8,9 116:2,4 116:7 117:7 thanks 91:20 116:17 thing 83:9 93:17 things 70:18 72:22 90:7 99:2 104:21 105:10 110:18,22 111:20 112:5 114:1,17 think 44:1,9,11 49:22 51:22 53:13 68:17 70:19 71:22 72:5 73:7 74:9,19 75:7 76:2,5,6,15 76:17,21 77:2,12 79:1 84:7 89:3,7 89:12 92:8 95:3,4 97:2 98:17 99:10 Neal R. Gross and Co., Inc. Washington DC 100:8 105:7,16 109:14 115:18 116:1 thinking 100:9 third 80:15 Thirteen 59:18 Thompson 81:6,6 81:10 112:11,15 thorough 63:16 71:2 85:17 thought 81:13,16 81:17,22 88:22 98:3 111:9 thoughtful 86:3 thoughtfully 50:6 thousands 95:18 108:18 three 6:1,13,18 7:18 8:7 10:9,19 13:20 20:20 25:7 32:21 36:22 39:18 50:17 59:18 63:2 80:5 99:8 112:21 114:21 three-minute 49:2 threshold 95:22 time 6:4,16 10:1 11:9 17:18 18:5 19:21 23:11 25:9 32:12 34:18 35:9 39:20 40:3 43:15 44:8 48:17 52:7 73:5 80:22 86:9,9 87:13,13 91:12 93:21 96:3 97:6 timeline 33:18 timely 61:9 90:5 times 17:8 87:6 titanium 8:6 14:5 23:3,7 25:10,12 25:14,18 26:12 29:8 30:3 31:10 36:14 37:2,7 41:8 today 3:7 4:19,21 10:15 12:13 18:1 22:8 54:21 63:22 116:12 117:8 www.nealrgross.com Page 133 told 89:18 top 34:10 91:1 topography 61:19 69:4 tore 83:11 totaling 80:7 totally 44:6 touched 21:6 town 85:14 toxic 12:9 88:21 95:19 toxicity 72:22 toxicological 60:20 60:22 toxicologists 94:8 toxicology 73:20 97:4,17 tracks 105:4 tragedies 39:10 tragedy 10:21 tragic 10:2 14:12 116:14 train 41:17 training 40:18 41:15,20 43:7,20 44:3 45:20 transcriber 81:8 88:12 96:11 107:17 transcript 1:21 transparency 17:10 trapped 14:11 treated 59:20 treatment 70:4 72:19 tremendous 11:20 triangle 27:11 tributary 79:13 tried 110:1 trouble 99:6 troubling 11:4 102:7 trucker 95:14 trustee 85:15 try 75:11 trying 49:19 50:15 202-234-4433 73:2,4,14 82:16 turn 32:3 59:11 turning 114:13 TV 104:14 two 4:21 7:17 8:6 10:15 12:18 15:11 16:21 23:12 25:6 27:13 30:11 34:11 36:17 38:22 39:1 63:1 64:5 68:1 71:1 73:15 80:6 89:14 92:13 97:9 97:18,21 106:3 110:11,13 114:21 116:9 two-quarter 64:6 Tyler 1:17 2:9,16 18:20 22:6 32:4,5 39:16 44:19 46:13 59:12,13 73:17 80:4 type 11:15 19:22 60:7 68:11 72:11 72:12,17 74:7 75:14 78:18 100:17 101:8,14 105:10 114:15 types 48:12 U U.S 1:1,11,12,13,22 3:5 71:10 ultimately 4:12 12:2 unacceptable 35:15 unanswered 15:7 underground 101:12 underlies 94:8 underlying 70:20 understand 14:20 79:22 82:4 83:4 understanding 15:1 undetermined 31:8 unfolding 101:15 Union 49:15 85:21 91:17 unique 25:13 96:22 unit 29:9 United 8:14 University 18:17 19:7,9 unknown 59:10 unsafe 115:5,12 unusual 97:7 update 1:3 2:14 12:15 21:2,17 43:8 55:14,19 70:12 74:14,17,21 92:2 upstream 56:16 92:15,17 95:7 usage 57:19 61:9 77:7 use 4:12 23:5 26:12 29:21 42:2 47:13 57:9 58:10 59:7 62:17 88:1 96:19 useful 76:3 users 23:8 47:11 56:22 utilize 86:4 utilized 87:18 utmost 14:14 15:12 V V-E-R-N-O-N 88:14 valid 52:10 valley 99:14 105:18 value 109:9 various 19:3 29:8 79:3 vary 75:4 vein 47:8 84:5 ventilation 30:7 venue 83:17 verified 34:16 81:21 Vernon 88:11,14 video 28:3,3,9 62:2 62:5 view 9:16 vintage 72:9 violation 80:10 violations 31:21 90:14 Virginia 6:20 10:16 13:19 17:9 18:8 20:18 23:15 24:6 37:20 52:14 54:1 56:17,19 57:2,8 57:12,20 58:18 59:15 71:2,10 72:19 74:18,20 75:2 78:2 79:14 90:2,12 91:7 93:5 93:9,16 95:17 96:20 103:19 104:19 108:3 114:16 115:1,9,20 visible 35:7 vital 15:1 Vivian 99:10 voluntarily 87:7 voluntary 4:18 47:14 78:12 volunteer 30:15 47:13 86:11 volunteering 71:5 vomiting 60:12 vote 2:13 5:7,11 21:1,13,15 50:7,9 53:14 54:12,14 voted 35:12 39:17 39:20 W wait 49:8 91:8 walk 24:13 wall 28:10,14 29:2 64:14 66:22 walls 80:12 want 13:15 17:6 50:12 72:6 85:20 89:19 92:8 95:18 98:15 101:22 102:8 110:18 116:10 wanted 9:14 36:2 40:1 44:11 62:19 wants 20:8 51:17 War 72:10 Neal R. Gross and Co., Inc. Washington DC warehouse 24:9 warning 96:1 wash-down 37:3 wash-downs 29:21 Washington 18:12 23:17,20 82:19 104:4 wasn't 57:7 waste 19:14 100:12 Watch 88:11,16 watched 88:18 water 12:3 16:18 29:21 37:2,4 42:3 56:13,14,17,18 57:9,19,21,22 58:2,3,6,9,14 59:1 59:2,4,6,6,17 60:3 61:9 62:17 68:14 68:17 69:22 70:4 72:19 73:5 74:8 75:18 79:12,14 82:19 83:10 90:15 92:17,20 93:1 95:7,20 97:13 100:13 101:20 103:22 104:3,8,13 104:17,21 105:1,4 109:20,22 110:16 111:8 112:7 113:15 114:8,16 114:20,20 115:1,3 115:6,9,13,15,20 water-cutting 62:14 water-reactive 30:2 waterways 72:18 78:1 101:9 wave 31:10 way 53:18 69:7 72:2 103:8 112:8 we'll 21:1,7,15,19 22:21 27:20 49:5 53:13 55:5,7 64:15 65:2 68:21 69:9 70:3 75:21 76:2 77:14,15 www.nealrgross.com Page 134 we're 65:12 70:13 72:10,14 74:15,16 75:10 76:16,16 79:8 83:18 85:3 89:10 92:19 93:18 96:21 97:19 100:9 100:15 111:13 113:9 114:1 we've 44:20 45:1 62:2 64:14 65:1 67:1 68:22 75:1 90:10 105:13 110:3 113:19 website 28:4 46:3 WEDNESDAY 1:7 week 75:7 92:19 104:11 weeks 44:20 58:12 74:8 welcome 3:4 6:5 Welton 87:2 went 43:3 55:9 62:3 82:10 109:17 117:12 weren't 108:12 Wes 2:5 13:10 west 6:19 10:16 13:19 17:9 18:8 20:18 23:14 24:6 24:7 37:19 52:13 53:22 56:16,19 57:2,8,11,20 58:18 59:14 71:2 71:10 72:18 74:18 74:20 75:2 78:1 79:14 90:1,12 91:7 93:5,9,16 95:17 96:20 103:19 104:19 108:3 114:16,22 115:9,20 wet 67:18,21 wherewithal 77:5 wide 52:11 widely 25:12 58:16 winding 106:19 Wingard 2:8 19:8 202-234-4433 19:11 22:5 24:13 24:16 28:2 43:10 44:1 witnessed 31:2 women 58:2 wonder 51:13 52:15 87:9 wondered 44:17 wondering 71:19 100:19 word 106:13 words 76:15 work 4:18 11:11 14:2 62:3,15 67:19,20 74:13 86:13 92:13 99:19 worked 18:3 19:11 19:14 worker 20:21 40:17 94:19,20 workers 10:19 12:19 20:21 23:19 33:1 49:14 85:21 88:1 91:17 93:3 94:16 working 14:5,19 15:9 18:14 45:2 75:2 117:1 works 93:3 world 72:10 103:5 worst 68:10 wrap 75:11 113:19 wrist 87:14 90:11 writing 50:16 written 6:6 88:7 wrong 98:5 26:4,12 28:21 29:3,8 30:3 36:15 36:19,20 37:2,8 41:9 zoning 95:10,17 0 1 1 93:22 97:12 1,000 94:4 1.5 56:16 1:02 55:9 1:15 55:10 10 2:3 8:15 57:13 58:21 73:8 94:1 97:11,14 106:6 10-minute 55:5,7 10,000 56:1 103:10 100 46:13,22 94:6 100,000 108:7 10th 93:7 11:15 57:5 11th 93:7 12 41:8 12.2.5 42:10 12:00 3:2 128 8:14 12th 93:7 13 2:5 41:9 57:20 14 33:1 15 41:9 58:1 16 1:8 41:11 54:4 161 32:10 1993 9:2 30:14 1995 8:21 31:4 2 2 23:20 87:5 94:5 2:34 117:12 Y 20 2:8 year 15:20 66:11 2003 8:12 9:11 years 8:15 18:14 32:14,22 34:11 35:17 91:10 2005 82:8 96:15 2006 8:22 9:12,18 Z 11:1 31:14 33:5,6 zirconium 8:6 23:3 33:19 35:19 36:5 23:7 25:11,22 39:12 40:20 47:21 X 2007 46:1 2008 32:8 34:17,18 35:5 45:10 102:13 2009 33:21 34:1 2010 6:12,15 8:2,22 9:3 13:18 14:3 20:20 23:18 27:21 30:10,14 34:5 37:22 43:6 46:12 54:1 2011 102:13 201131WB 53:20 2012 34:8,18 41:7 2013 32:8 35:12,21 39:19 2014 1:8 15:20 16:9 54:4 56:1 57:5 59:14 64:5 102:13 21 58:4,13 22 18:14 23 23:19 59:14 24 2:8 28 60:12 28.5 60:11 29 32:10 3 48 2:12 48,000 56:7 103:12 484 29:12 32:1 33:9 37:17 40:14 41:7 42:10 43:12 48:2 5 5 58:7 5.6 56:3 5:45 57:7 50 32:9 34:19 53 2:13 55 2:15 580,000 56:19 59 2:16 6 6 87:6 653 64:1,2 67:2,9 67:12,19 78:15 79:3,5 653-proficient 67:10 654 33:9 40:13 48:2 7 70 2:17 3 2:2 8 30,000 45:14 46:10 81 2:20 46:15 300,000 56:22 9 108:7 113:12 32 2:9 36 8:14 369 59:15 37 96:15 38 2:10 60:11 396 66:17 68:10,12 68:17 397 66:2 67:6 68:10 4 4-methylcyclohe... 56:2 40 24:6 400,000 82:12 112:18 42 2:11 Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com