Expert Report- Thomas McHugh

Chevron Corp. v. Maria Aguinda Salazar, et al. 1 Expert Opinion of Case No. 11-Civ-3718 (LAK) Thomas E. McHugh, Ph.D., D.A.B.T.

LACK OF EVIDENCE OF HEALTH RISKS ASSOCIATED WITH HYDROCARBONS AND METALS IN THE FORMER CONCESSION

AREA

EXPERT OPINION OF THOMAS E. MCHUGH, PH.D., D.A.B.T. 1.0 Introduction 1.1 Personal Qualifications and Experience I, Thomas E. McHugh, am a Vice President of GSI Environmental, Inc., and a toxicologist with over 20 years of experience in toxicology and environmental science and engineering, specializing in the areas of human and ecological risk assessment, environmental site investigation, and corrective action design. I received a B.S. in Biochemistry and Environmental Science from Rice University, an M.S. in Environmental Engineering from Stanford University and a Ph.D. in Toxicology from the University of Washington. I am a Diplomate of the American Board of Toxicology. During my 20 years in the environmental industry, I have worked on hundreds of environmental risk assessment, environmental site investigation, and remediation projects. I have conducted human health and ecological risk assessments at a number of environmental corrective actions sites. In addition, I helped develop and implement risk-based corrective action (RBCA) policies and procedures for a number of state regulatory agencies and I have participated in numerous workgroups developing regulatory guidance documents on various environmental issues. I have authored several peer-reviewed research papers on a variety of topics related to environmental science and engineering and I have contributed to environmental regulatory guidance. In addition, I am the Principal Investigator for a number of research projects funded by the U.S. Department of Defense (DoD) and others to develop an improved understanding of environmental processes such as vapor intrusion. I have extensive experience conducting environmental training programs. I developed training courses on Risk-Based Corrective Action and Monitored Natural Attenuation and have taught these courses dozens of times in the United States and around the world. In addition, I am a certified trainer for the ASTM Remediation by Natural Attenuation (RNA) Training Program. As a volunteer, I have served as President of the Ethical, Legal, and Social Issues Specialty Section of the Society of Toxicology. A true and correct copy of my resume that accurately sets forth my qualifications is provided in Attachment A of this report.


I have served as an expert in the Maria Aguinda et al. v. Chevron Corporation matter in Ecuador and I submitted an expert report concerning human health risks within the former Concession area. 1.2 Summary of Key Opinions For the matter of Chevron v. Maria Aguinda Salazar et al. I have been retained to evaluate whether findings related to health damages in the Sentencia issued in Maria Aguinda et al. v. Chevron Corporation are supported by the scientific evidence in the record. For the purpose of this evaluation, I have reviewed technical information regarding the former Concession area. This review has included the Sentencia (English translation) issued 14 February 2011 and the Clarification (English translation) issued 4 March 2011; selected technical reports issued by various parties involved in the case; associated environmental monitoring data; and published information regarding related scientific matters. The documents I have considered are listed in Attachment B of this report. The key findings of my evaluation include the following: 1) A health risk assessment using data collected during the Judicial Inspection

process has shown that local residents are not exposed to unsafe concentrations of hydrocarbons or metals within the former Concession area: • A health risk assessment is the proper scientific method for evaluation of potential

health risks associated with constituents such as petroleum hydrocarbons or metals present in the environment.

• For the former Concession area, the health risk assessment submitted to the Ecuadorian Court in 2008 and updated in 2010 found that “conditions resulting in exposure of local residents to unsafe concentrations of hydrocarbons or metals do not exist within the former Concession area” (McHugh, 2008; Connor, 2010). This is the only health risk assessment submitted to the Ecuadorian Court, yet it is not discussed in the Sentencia.

2) The Sentencia’s conclusions regarding health impacts within the former

Concession area are not supported by the scientific evidence in the record: • In evaluating health impacts within the former Concession area, the Sentencia

ignores the absence of unsafe concentrations of potentially toxic petroleum constituents.

• In evaluating health impacts within the former Concession area, the Sentencia ignores results indicating no unsafe exposure to potentially toxic petroleum constituents.

• In evaluating health impacts within the former Concession area, the Sentencia relies on anecdotal statements and other information supplied by the Lago Agrio Plaintiffs and local residents that are inconsistent with the scientific evidence.

I have reached the opinions in this report to a reasonable degree of scientific certainty. I continue to review available information, and I reserve the right to supplement this report or


the opinions contained in this report should further information become available which would have a bearing on my opinions. 2.0 Background and Overview Under the direction of the Superior Court of Nueva Loja, Ecuador, during the period of 2004 to 2007, judicial inspections were conducted at 47 oilfield facilities in the former Concession area, with environmental samples collected from 46 of these facilities. For each judicial inspection, the technical experts nominated by the Lago Agrio Plaintiffs (referred to as Lago Agrio Plaintiffs’ Experts), by Chevron (referred to as Chevron’s Experts), and/or nominated by the Ecuadorian Court were requested to conduct such sampling and testing as may be necessary to respond to the questions raised by the two parties and by the Ecuadorian Court. Subsequent to the judicial inspection process, Richard Cabrera was appointed by the Ecuadorian Court to conduct an additional investigation during which additional samples were collected. Through the judicial inspection process and the other investigations, the experts involved collected thousands of environmental samples that were analyzed for petroleum hydrocarbons and other constituents potentially related to operations within the former Concession area.


Summary of Environmental Samples Collected Within the Former Concession Area Sampling Party Number of Samples

Collected (1) Number of Samples Analyzed for Constituents with Health-

Based Levels (2) Soil Samples, Sediment Samples, or other Solid Samples Chevron’s Experts 1082 1082 Lago Agrio Plaintiffs’ Experts 360 350 Other Experts 302 243 Total 1744 1675 Water Samples Chevron’s Experts (3) 463 458 Lago Agrio Plaintiffs’ Experts (4)

46 43

Other Experts (4) 124 103 Total 633 604 Notes: 1) Sample counts include duplicate samples collected for quality assurance purposes. 2) Does not include samples collected and analyzed only for non-health indicator parameters such as total

petroleum hydrocarbons (TPH). 3) Includes samples collected during the judicial inspections and samples collected on behalf of Chevron during

Cabrera’s investigation. 4) Does not include liquid samples collected from open soil borings, open pits, or shallow excavations which are

not representative of actual groundwater or surface water conditions. The results from these analyses provide sufficient data to evaluate potential health risks for the local community within the former Concession area. 3.0 Opinions Regarding Health Risks Associated with

Hydrocarbons and Metals in the Former Concession Area 3.1 A health risk assessment using data collected during the Judicial

Inspection process has shown that local residents are not exposed to unsafe concentrations of hydrocarbons or metals within the former Concession area

The distribution of petroleum hydrocarbons and metals within the former Concession area was characterized during the judicial inspections and other investigations through the collection and analysis of over 2200 environmental samples. The analytical results were used to complete a health risk assessment that concluded: “conditions resulting in exposure of local residents to unsafe concentrations of hydrocarbons or metals do not exist within the Concession area” (McHugh, 2008; Connor, 2010).


3.1.1 A health risk assessment is the proper scientific method for evaluation of potential health risks associated with constituents such as petroleum hydrocarbons or metals present in the environment

Health risk assessment is a standardized evaluation process used throughout the world to evaluate the potential health risk associated with environmental contaminants (Carlon, 2007; Rifai, 2000). The process consists of four main steps: i) source/hazard characterization, ii) toxicity evaluation, iii) human or environmental exposure to chemical compounds, and iv) characterization of the potential risk. Several organizations have developed streamlined procedures for human health risk assessment for application at sites with potentially toxic constituents present in soil or water (e.g., USEPA, 1989; ASTM, 2000; CONCAWE, 2003). A health risk assessment is the proper method to evaluate health risks associated with petroleum hydrocarbons or metals present within the former Concession area. 3.1.2 For the former Concession area, the health risk assessment completed in 2008

and updated in 2010 found that “conditions resulting in exposure of local residents to unsafe concentrations of hydrocarbons or metals do not exist within the Concession area” (McHugh, 2008; Connor 2010). This is the only health risk assessment submitted to the Ecuadorian Court, yet it was not discussed in the Sentencia

In 2008, a health risk assessment was completed for the former Concession area using the investigation results from the judicial inspections completed between 2004 and 2007 (McHugh, 2008). This evaluation was updated in 2010 to include additional data submitted to the Ecuadorian Court (Connor, 2010). In both cases, the evaluation used the standardized evaluation process to evaluate the potential health risks associated with hydrocarbons and metals in the former Concession area. The evaluation showed an absence of unsafe concentrations of hydrocarbons or metals associated with oil production activities in sources of water used as drinking water (e.g., municipal water systems, hand-dug wells, and surface water locations identified by local residents as drinking water sources). In addition, unsafe concentrations of hydrocarbons or metals were not detected in other water, soil, or sediment samples collected from locations where the local residents would be exposed. To my knowledge, this was the only health risk assessment conducted for the former Concession area; however, this health risk assessment was not considered in the Sentencia. 3.2 The Sentencia’s conclusions regarding health impacts within the former

Concession Area are not consistent with the scientific evidence in the record The Sentencia (pp. 170-171) states that there is a probability that hydrocarbons and metals in the former Concession area could have harmed the health of the local population. However, the scientific evidence in the record does not support the Sentencia’s conclusion.


3.2.1 In evaluating health impacts within the former Concession area, the Sentencia ignores the absence of unsafe concentrations of potentially toxic petroleum constituents

The Sentencia incorrectly relies on the detection of total petroleum hydrocarbons (TPH) in environmental samples as the primary indicator of environmental impacts and ignores evidence that unsafe concentrations of potentially toxic petroleum constituents are not present. These TPH measurements are not an indicator of health risks. The TPH test serves to indicate the amount of petroleum (or similar non-petroleum compounds) that may be present in a sample, but provides no direct indication of the risk that this measured TPH may pose to human health or the environment (ASTDR, 1999; API, 2001). Crude oil is composed of thousands of different chemicals, many of which pose little or no toxicity to humans. Consequently, the types of TPH tests used for analysis of samples collected from the former Concession area (i.e., Total TPH, TPH-GRO, and TPH-DRO), which indicate the total mass of petroleum present (within a certain carbon range), but not the chemical composition of that petroleum, are not indicative of health risk. For example, two soil samples impacted by equal concentrations of baby oil vs. benzene would have virtually identical TPH values, but very different toxicities.

In evaluating the health risk for the local population, the Sentencia does not account for the fact that potentially toxic constituents were rarely detected in the environmental samples collected from the former Concession area and that they were not at concentrations indicating a potential health risk for the community. For example, benzene was detected in only 14 of the thousands of soil samples considered in the Sentencia (p. 107). In the majority of these 14 samples, the concentration of benzene detected was below health-based screening concentrations, indicating that the chemical concentrations are below the levels that could pose a measurable risk to human health, even in the event of chronic daily exposure. Similarly, other hydrocarbons and metals were detected above health-based screening concentrations in only a tiny fraction of samples analyzed. Even without considering the locations of these samples (discussed below), the low frequency at which potentially toxic constituents were detected at concentrations above health-based screening levels leads to the conclusion that conditions associated with the former Consortium operations do not pose a health risk for the local population. This information was provided to the Ecuadorian Court but ignored in the Sentencia. 3.2.2 In evaluating health impacts within the former Concession area, the Sentencia

ignores results indicating no unsafe exposure to potentially toxic petroleum constituents

The Sentencia incorrectly assumes that the local community was exposed to unsafe concentrations of petroleum constituents and does not consider evidence that this exposure could not have occurred. When environmental samples were collected as part of the judicial inspection process, the sampling teams recorded detailed information concerning the sample locations. This exposure information was provided to the Ecuadorian Court and was evaluated as part of the health risk assessment; however, this information was not discussed in the Sentencia.


The vast majority of environmental samples collected within the former Concession area did not contain any constituents at concentrations above health-based screening concentrations. However, even for the small fraction of samples where petroleum hydrocarbons or metals were detected at concentrations above health-based screening concentrations, the location of these samples would prevent any actual unsafe exposure. For soil, many of the samples were collected below ground surface at locations where the surface soil was clean. At these locations, the presence of clean soil at the ground surface served to prevent routine exposure to the deeper materials. Other samples were collected from inside active production facilities currently operated by Petroecuador or from other locations not easily accessible by local residents. Based on the evidence showing no unsafe exposure, conditions within the former Concession area do not pose a health risk for the local community. However, the Sentencia ignored this exposure information. 3.2.3 In evaluating health impacts within the former Concession area, the Sentencia

relies on anecdotal statements and other information supplied by the Lago Agrio Plaintiffs and the local residents that are inconsistent with the scientific evidence

In evaluating exposure, the Sentencia (e.g., pp. 139-144) relies primarily on statements and other information provided by the local residents to support the conclusion that the local population was exposed to hydrocarbons. However, the Sentencia does not consider evidence that information provided by the local residents is inconsistent with the sampling evidence in the record. Specifically, in a number of cases where local residents stated that they believed that their drinking water was contaminated, testing of the identified source of drinking water showed an absence of petroleum hydrocarbons. In addition, many of the health impacts attributed by the local residents to petroleum exposure (e.g., skin infection, stomach ache) are more likely to be attributable to the documented bacterial contamination of the drinking water sources. The Sentencia (p. 137) also cites the Bejarano report, commissioned by the Amazon Defense Front (Bejarano, 2003), as providing supporting evidence that local residents have commonly been exposed to petroleum hydrocarbons in the former Concession area. The Bejarano report lists a number of local residents who it says claim that their water wells or other sources of drinking water were contaminated with petroleum. However, sampling conducted during the judicial inspection process did not confirm any petroleum contamination of the drinking water sources cited in the Bejarano report. This sampling evidence was provided to the Ecuadorian Court but ignored in the Sentencia. In addition, the Sentencia ignores the fact at least one statement attributed to local residents in the Bejarano report was inconsistent with statements made by the same local residents during the judicial inspection process.

LACK OF EVIDENCE OF HEALTH RISKS ASSOCIATED WITH

HYDROCARBONS AND METALS IN THE FORMER CONCESSION AREA

EXPERT OPINION OF THOMAS E. MCHUGH, Ph.D., D.A.B.T.

ATTACHMENT A

Chevron Corp. v. Maria Aguinda Salazar, et al., Expert Opinion of Case No. 11-Civ-3718 (LAK) Thomas E. McHugh, Ph.D., D.A.B.T.

Resume of Thomas E. McHugh, Ph.D., D.A.B.T.

Thomas E. McHugh, Ph.D., D.A.B.T.

Biographical Summary

Dr. McHugh is a Vice President with GSI Environmental Inc., in Houston, Texas. He is a Diplomate of the American Board of Toxicology and has over 18 years of experience in the environmental industry with academic research and private consulting organizations. He received a B.A. in Biochemistry and Environmental Science from Rice University (1990), an M.S. in Environmental Engineering from Stanford University (1993), and a Ph.D. in Toxicology from the University of Washington (1997). Dr. McHugh has extensive project experience in human health and ecological risk assessment. He has developed training classes on a number of topics including the Texas Risk Reduction Program (TRRP) and was a member of the government/industry workgroup that developed the Ecological Risk Assessment Guidance for Remediation Sites in Texas. In the last 10 years, Dr. McHugh has worked on a number of projects related to vapor intrusion including filed investigations and model development. He is the principal investigator (PI) for two vapor intrusion research projects funded by the Department of Defense through their Environmental Security Technology Certification Program (ESTCP) research program. Through these projects, he has developed improved methods for building-specific vapor intrusion investigations based on control and measurement of pressure gradients. He is the lead author on several peer-reviewed journal articles, peer-reviewed conference proceedings, and technical documents on vapor intrusion. Education

Ph.D., Toxicology, University of Washington, 1997.

M.S., Environmental Engineering, Stanford University, 1993.

B.A., Biochemistry and Environmental Science, Rice University, 1990.

Professional Background

Vice President, GSI Environmental Inc. (formerly Groundwater Services, Inc.), Houston, Texas. 2003 to present

Toxicologist and Environmental Scientist, GSI Environmental Inc., Houston, Texas. 1997 to present

Research Assistant, University of Washington, Seattle, Washington. 1993 to 1997

Environmental Scientist, Groundwater Services, Inc., Houston, Texas. 1990 to 1992

Professional Affiliations

Diplomate, American Board of Toxicology (2002 to present)

- Recertification completed in 2007

Air and Waste Management Association

Nation Ground Water Association

- Certified Ground Water Professional (CGWP, 2008 to present)

Society of Toxicology

- President of Ethical, Legal, Social Issues Specialty Section (2007-2008)

Representative Project Experience: Vapor Intrusion

Vapor Intrusion Investigation, Petroleum Storage Tank Farm. Developed and implemented vapor intrusion sampling

program for 20 homes overlying crude oil/condensate plume originating from near-by tank farm. Sampling program includes sub-slab soil gas, indoor air, and ambient air. Data evaluation utilized multiple lines of evidence including distribution of VOCs below and within residences, comparison of VOC and radon attenuation factors, hydrocarbon fingerprinting, and analysis of VOCs known to originate from indoor sources.

Validation of New Tools to Better Manage Vapor Intrusion Liability, Air Force Center for Engineering and the

Environment. Demonstrated a suite of investigation tools that will provide the U.S. Air Force with a scientifically defensible method to i) discriminate between indoor and subsurface sources of VOCs in buildings and ii) document biotic and abiotic destructive processes occurring in the vadose zone that prevent/minimize vapor intrusion impacts. Application of these tools to vapor intrusion sites will be documented in a technical report that will allow the Air Force to better manage their potential vapor intrusion liability.

BioVapor Software Tool, American Petroleum Institute. Developed user-friendly Excel-based version of the Indoor

Vapor Intrusion with Oxygen-Limited Biodegradation model presented in DeVaull, 2007. This is the first publically-available, user-friendly vapor intrusion model that can be used to evaluate the vapor intrusion risk associated with petroleum hydrocarbons accounting for oxygen-limited biodegradation.

Soil Gas Investigation, Former Petroleum Refinery, Mexico City. Conducted a soil gas investigation at a former

petroleum refinery site being redeveloped as a city park. Used on-site analysis to obtain real-time understanding of the distribution of petroleum hydrocarbon vapors in soils. Results were used to evaluate vapor intrusion risk and identify the need for remediation and/or land use controls.

Vapor Intrusion Best Practices, Major Oil Company. Developed “Best Practices” guidance documents for evaluation

of the vapor intrusion pathway, collection and analysis of soil gas and sub-slab samples, and collection and analysis of indoor air samples at corrective action sites. These guidance documents are used to ensure that project managers, consultants, and contractors evaluate the vapor intrusion pathway in a consistent and protective manner at company sites.

Protocol for Tier 2 Evaluation of Vapor Intrusion at Corrective Action Sites, Various Locations. Principal Investigator

for four-year DoD funded research project to develop and validate Tier 2 and Tier 3 investigation protocols for the evaluation of vapor intrusion.

Petroleum Vapor Intrusion Database, American Petroleum Institute. Compiled and analyzed database of petroleum

hydrocarbon measurements in groundwater, soil, soil gas, indoor air, and ambient air to obtain a better understanding of site-specific factors contributing to the presence or absence of vapor intrusion impacts at petroleum hydrocarbon corrective action sites.

Detailed Field Investigation of Vapor Intrusion Processes, Various Locations. Conducted three-year DoD-funded

research project on vapor intrusion processes at three DoD facilities. Identified site characteristics contributing to the occurrence of vapor intrusion impacts. Validated cost-effective vapor intrusion investigation methods.

Vapor Intrusion Exposure Pathway, American Petroleum Institute. Developed new model for evaluation and

screening of the groundwater-to-indoor air exposure pathway. Model provides a significant advantage over the commonly used evaluation model (i.e., the Johnson Ettinger Model) by providing a mass balance in groundwater rather than considering groundwater to be an infinite source of volatile chemicals. In addition, provided technical evaluation of the 2001 Draft USEPA Vapor Intrusion Guidance.

Representative Project Experience: Toxicology and Risk Assessment

Ecological Risk Assessment, Former Industrial Site, Longview, Texas. Completed a Tier 2 ecological risk

assessment for recycling facility. The study evaluated risk to ecological receptors associated with exposure to lead in soil, surface water, and sediment.

Ecological Risk Assessment, State Superfund Site, Houston, Texas. Completed a Tier 2 ecological risk assessment

for former metals processing facility. The study utilized site-specific measurements of metal bioavailability in soil and included food-chain analyses for estimation of exposures to higher-level receptors.

Wetlands Evaluation, Chemical Manufacturing Facility, Gulf Coast, Texas. Evaluated presence of wetlands and U.S.

Army Corps jurisdictional issues associated with abandoned borrow pits in an undeveloped portion of a chemical manufacturing facility.

Barite Risk Assessment, Energy Services Company, Houston, Texas. Conducted a risk assessment comparing the

toxicity of barite (used in drilling mud) to soluble barium compounds. Based on this analysis, the TCEQ agreed to classify barite a chemical that it not a human health concern. Developed and validated a procedure to distinguish between soluble barium and barite in environmental soil samples.

Ecological Risk Assessment, Former Pesticide Plant, Houston, Texas. Completed a Tier 2 ecological risk

assessment for soils impacted by chlorinated pesticides. The study included food-chain analyses for estimation of exposures to higher-level receptors. Risk assessment resulted in the development of clean-up standards for the protection of ecological receptors utilizing the uplands habitat adjacent to the facility.

Baseline Risk Assessment for RFI Units, Chemical Manufacturing Facility, Gulf Coast, Texas. Completed base-line

risk assessment for former waste management units at a chemical manufacturing facility as part of the RCRA Facilities Investigation (RFI) process for the facility. Evaluation was completed to determine if corrective action measures were needed at the former waste management units to protect human health and the environment, and included an ecological risk assessment.

Ecological Risk Assessment, Pipeline Company, Greenville, Texas. Completed a Tier 2 ecological risk assessment

on a creek impacted by 500,000 gallons of oxygenated gasoline released from a pipeline break. The study included food-chain analyses for estimation of exposures to higher-level receptors. Risk assessment found no remediation required in creek due to the natural rapid decrease in gasoline constituent concentrations in creek sediments over time.

TNRCC Ecological Risk Assessment Workgroup, Austin, Texas. Member of a state government and industry

workgroup which developed guidance for conducting ecological risk assessments for remediation sites in Texas. Risk Management for Remediation Sites, Major Oil Company, Fairfax, Virginia. Developed risk management guide

and prioritization software to facilitate management of risks at remediation sites nationwide. System allows the client to prioritize risks for resource allocation and to track risk reduction over time among the population of remediation sites.

Risk-based Decision Making Performance Study, Five States. Conducted an evaluation of the impact of Risk-Based

Decision Making (RBDM) on the performance of corrective action program in five pilot states. The study, funded by the USEPA through ASTM, involved development of program performance measures and analysis of state program databases to determine the impact of RBDM on risk reduction, program efficiency, and cost control.

Baseline Risk Assessment, Major Oil Company, Louisiana. Completed baseline risk assessment for a bayou and

associated wetlands that have previously received discharges from an adjacent chemical manufacturing facility. Report summarized potential risk associated with occasional recreational use of the bayou and consumption of resident biota. Adult and child lead models developed by the USEPA were utilized to assess potential risks from lead exposure.

Representative Project Experience: Course Development and Training

BioVapor, 1-D Vapor Intrusion Model with Aerobic Biodegradation: Developed and taught half-day training class on

the BioVapor model. Key topics included: Overview of the BioVapor Model, BioVapor Model Features, Calculational Bases, and Model Inputs/Outputs, BioVapor Demonstration, and Example Case Studies.

Vapor Intrusion Webinar: Developed and taught half-day web-based training class on vapor intrusion for the project

managers and consultants at a major oil company. Key topics included: vapor intrusion conceptual model, vapor intrusion pathway screening, collection of soil gas samples, collection of indoor air samples, data interpretation, and vapor intrusion mitigation.

Management of Large and Dilute Groundwater Plumes: Developed and taught 90-minute seminar on management

of large and dilute groundwater plumes for the U.S. Navy’s spring 2008 RITS seminar series. Seminar was presented to Navy project managers, contractors, and regulators in six cities within the United States.

Texas Risk Reduction Program (TRRP) Guidance and Policy: Developed and taught one-day training course on

TRRP guidance and policy. Key topics included: land use classification, groundwater classification, laboratory data validation, ecological risk assessment, total petroleum hydrocarbons, monitored natural attenuation, and non-aqueous phase liquids, and the use of state mandated report forms.

Texas Risk Reduction Program (TRRP) Regulations: Developed and taught two-day training course on the Texas

Risk Reduction Program regulations. Key topics included: overview of the TRRP rule, applicable program areas, comparison to former Risk Reduction Rules, affected property assessment, development of PCLs, remedy standards, and response actions.

Texas Risk Reduction Program Software, Developed and taught one-day training course on use of TRRP software

package for calculation of PCLs under TRRP. Key topics included calculation of PCLs and understanding how land use, application of institutional controls, and other site-specific factors impact PCL values.

Risk-Based Corrective Action Training, Developed and taught two-day training course on Risk-Based Corrective

Action (RBCA). Key topics included: overview of corrective action, environmental fate and transport, development of site-specific clean-up standards, remedy selection, monitored natural attenuation, and the use of RBCA software.

Natural Attenuation, Developed and taught one-day training course on the application of natural attenuation to

corrective action sites. Key topics included: overview of natural attenuation, primary, secondary, and option lines of evidence for evaluation of natural attenuation, and the use of software for evaluation of natural attenuation.

ASTM Course on Remediation by Natural Attenuation, Taught two-day ASTM training course on remediation by

natural attenuation. ASTM Tier 2 RBCA Toolkit Training, Taught one-day training course on the use of the RBCA Toolkit software for

development of site-specific clean-up standards for corrective action sites. ASTM Course on Risk-Based Corrective Action, Taught two-day training course on Risk-Based Corrective Action.

Representative Project Experience: Environmental Engineering

Corrective Measures Study, Chemical Manufacturing Facility, Gulf Coast, Texas. Completed Corrective Measures

Study (CMS) in accordance with Texas Risk Reduction Rules, Standard 3. CMS identified stabilization and containment for historic waste management units and associated affected soils and natural attenuation for affected groundwater as the preferred remedies.

Radioactive Material License Renewal Application, Chemical Manufacturing Facility, Gulf Coast, Texas. Completed

application for renewal of a Radioactive Materials License (RML) subject to state and federal regulations for on-site disposal of low-level radioactive waste associated with chemical manufacturing. The application included a modeling evaluation of potential radiological impacts associated with the disposal units in accordance with state and federal regulations.

Risk Prioritization Study of Petroleum Hydrocarbon Sites, Major Oil Company, Torrance, California. Compiled

database of 300 petroleum hydrocarbon sites based on questionnaires completed by site contractors. Incorporated the ASTM Risk-Based Corrective Action (RBCA) framework to rank sites based on relative risk to human health. Identified site where natural attenuation was the preferred remedy.

Full Scale In-Situ Biotreatment System, Gas Processing Plant, Wexford, Michigan. Analyzed design basis information

and utilized the OASIS/BIOPLUME modeling system to design a full scale in-situ bioremediation system for remediation of dissolved BTEX plume. Coordinated system construction and installation. Provided analysis of performance and operation data.

Dense Non-Aqueous Phase Liquid (DNAPL) Dissolution Study, MOTCO Superfund Site, La Marque, Texas.

Contributed to the development of a conceptual design for management of DNAPL contaminated portions of site. Project included design and evaluation of field scale study of the dissolution of soluble components of DNAPL. Compared field results to computer model predictions and used results to refine computer model. Developed cost effective long-term containment strategy.

Representative Project Experience: Biochemistry and Microbiology

Dissertation Project, Metabolism of Aflatoxin Epoxide by Glutathione Transferase Enzymes. University of

Washington, Seattle, Washington. Aflatoxin is a known human carcinogen which is produced by fungal molds growing on grains and nuts stored under warm humid conditions. Understanding the biochemical mechanism by which the mouse Glutathione Transferase enzyme provides protection against aflatoxin toxicity, increases our understanding of how human detoxification enzymes protect us against environmental toxins.

Resistance of Pseudamonas Bacteria to Hydrogen Peroxide, Undergraduate Research, Rice University. Studied the

ability of low hydrogen peroxide concentrations to induce the detoxification enzyme catalase in Pseudamonas bacteria isolated from a petroleum hydrocarbon-affected aquifer. Hydrogen peroxide is a potential oxygen source for the bioremediation of petroleum hydrocarbon sites. Induction of the catalase enzyme increases resistance of the bacteria to higher concentrations of hydrogen peroxide.

Forced Evolution of Detoxification Enzymes in E. coli, Ph.D. Rotation Project, University of Washington. Used the

natural processes of evolution in a laboratory environment to create modified versions of detoxification enzymes which provided increased resistance to Escherichia coli against specific toxic chemicals. These modified enzymes and bacteria can be used in industrial applications or for bioremediation.

Publications

McHugh T.E., Beckley, L.M., Liu, C.Y., Newell, C.J., “Factors Influencing Variability in Groundwater Monitoring Data

Sets”, Ground Water Monitoring and Remediation, Summer 2011. McHugh T.E., Davis R., DeVaull G.E., Hopkins H., Menatti J., and Peargin T., “Evaluation of Vapor Attenuation at

Petroleum Hydrocarbon Sites: Considerations for Site Screening and Investigation”, Soil and Sediment Contamination: An International Journal, November/December 2010, Vol. 19, No. 6., pp 725-745.

McHugh T.E., Gorder, K., “Methods to distinguish between vapor intrusion and indoor sources of VOCs at residences

near Hill AFB, Utah, USA” Chapter 11 in Vapor Emission to Outdoor Air and Enclosed Spaces for Human Health Risk Assessment: Site Characterization, Monitoring and Modeling, Editors: Sabrina Saponaro, Elena Sezenna and Luca Bonomo (Politecnico di Milano, Italy), Nova Publishers, Fall 2010.

McHugh T.E., Gorder, K., Kuder, T., Philp, R., Fiorenze, S., O’Neill, H., Odencrantz, J., “Use of CSIA to Distinguish

Between Vapor Intrusion and Indoor Sources of VOCs” in Proceedings of AMWA Vapor Intrusion Specialty Conference, September 2010.

McHugh T.E., McAlary, T., “Important Physical Processes For Vapor Intrusion: A Literature Review” in Proceedings of

AWMA Vapor Intrusion Conference (San Diego, CA, January 28-30, 2009). McHugh T.E., Hammond, D.E., Nickles, T., Hartman, B., “Use of Radon Measurements for Evaluation of VOC Vapor

Intrusion”, Environmental Forensics, Vol. 9 No. 1, p. 107, March 2008. McHugh T.E., Nickles, T.N., Brock, S., “Evaluation of Spatial and Temporal Variability in VOC Concentrations at

Vapor Intrusion Investigation Sites” in Proceedings of Vapor Intrusion: Learning from the Challenges (Providence, RI, September 26-28, 2007).

Connor J.A., F. Ahmad, and T.E. McHugh. 2006. “Evaluation of Vapor Intrusion from Subsurface Diesel Plume Using

Multiple Lines of Evidence”, Proceedings of Petroleum Hydrocarbons and Organic Chemicals in Ground Water: Prevention, Assessment, and Remediation Conference, Houston, Texas, 6-7 November 2006

McHugh, T.E., and Connor, J.A. “Selection of Effective Technologies for Management of Contaminated Lands,” in

Simeonov, L. and Chirila, E. (ed.), Chemicals as Intentional and Accidental Global Environmental Threats, Springer Publishers, The Netherlands, 2006.

McHugh, T.E., and Connor, J.A. “Evaluating Health Risks and Prioritising Response Actions for Contaminated

Lands,” in Simeonov, L. and Chirila, E. (ed.), Chemicals as Intentional and Accidential Global Environmental Threats, Springer Publishers, The Netherlands, 2006.

Newell, C.J., and McHugh, T.E. “The Use of Models for the Evaluation of Chemical Attenuation in the Environment,”

in Simeonov, L. and Chirila, E. (ed.), Chemicals as Intentional and Accidential Global Environmental Threats, Springer Publishers, The Netherlands, 2006.

McHugh, T.E., de Blanc, P.C., and Pokluda, R.J. “Indoor Air as a Source of VOC Contamination in Shallow Soils

Below Buildings” Soil and Sed. Contam., Vol. 15, No. 1, pp. 103-122, January 2006. McHugh, T.E. Ahmad, F. Connor, J.A. “Empirical Analysis of Groundwater-to-Indoor-Air Exposure Pathway Based on

Measured Concentrations at Multiple Groundwater Impact Sites” Env. Forensics. Vol. 5, No. 1, pp. 33-44, March 2004.

McHugh T.E., Connor J.A., Ahmad F., Newell C.J., “A Groundwater Mass Flux Model For Groundwater-To-Indoor-Air

Vapor Intrusion”, Paper H-09, in: V.S. Magar and M.E. Kelley (Eds.), In Situ and On-Site Bioremediation—2003. Proceedings of the Seventh International In Situ and On-Site Bioremediation Symposium (Orlando, FL; June 2003). ISBN 1-57477-139-6, published by Battelle Press, Columbus, OH, www.battelle.org/bookstore.

Connor, J.A., and T.E. McHugh, “Impact of Risk-Based Corrective Action (RBCA) on State Corrective Action

Programs”, Human and Ecological Risk Assessment, CRC Press, Volume 8, Number 2, April 2002.

Publications (Continued)

Connor, J.A., R.L. Bowers, and T.E. McHugh, “RBCA Toolkit: Comprehensive Risk-Based Modelling System for Soil

and Groundwater Cleanup,” in Linders, J.B.H.J. (ed.), Modelling of Environmental Chemical Exposure and Risk, Kluwer Academic Publishers, The Netherlands, 2001.

Connor, J.A., R.L. Bowers, T.E. McHugh, and J. P. Neven, “Software Guidance Manual, RBCA Tool Kit for TRRP”,

Groundwater Services, Inc., 2001 York, J. L., L. C. Maddox, P. Zimniak, T. E. McHugh, and D. F. Grant, “Reduction of MTT by Glutathione S-

Transferase”, Biotechniques, Volume 25, pp. 622-8, October, 1998. Van Ness, K. P., T. E. McHugh, T. K. Bammler, and D. L. Eaton, “Identification of Amino Acid Residues Essential for

High Aflatoxin B1-8,9-Epoxide Conjugation Activity in Alpha Class Glutathione S-Transferase through Site-Directed Mutagenesis”, Toxicology and Applied Pharmacology, Volume 152, pp. 166-174, September, 1998.

McHugh, T. E., W. M. Atkins, J. K. Racha, K. L. Kunze, and D. L. Eaton, “Binding of the Aflatoxin-glutathione

Conjugate to Mouse Glutathione S-Transferase A3-3 is Saturated at Only One Ligand per Dimer”, The Journal of Biological Chemistry, Volume 271, pp. 27470-74, November 1, 1996.

Chiang C., P. Petkovsky, M. Beltz, S Rouse, T, Boyd, C. Newell, T. McHugh, “An Enhanced Aerobic Bioremediation

System at a Central Production Facility - System Design and Data Analysis”, Proceedings of the Conference on Petroleum Hydrocarbons and Organic Chemicals in Ground Water, National Ground Water Association, Houston, Texas, November, 1993, pp. 661-678.

Newell, C.J., J.A. Connor, D.K. Wilson, and T. E. McHugh, “Impact of Dissolution of Dense Non-Aqueous Phase

Liquids (DNAPLs) on Ground Water Remediation”, Proceedings of the Conference on Petroleum Hydrocarbons and Organic Chemicals in Ground water, National Water Well Association, Houston, Texas, November, 1991.

Representative Conference Presentations

McHugh T.E., “Use of CSIA to Distinguish Between Vapor Intrusion and Indoor Sources of VOCs” AMWA Vapor Intrusion Specialty Conference, September 2010. McHugh T.E., “Causes of Variability in Groundwater Monitoring Data” Seventh International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California, May 2010. McHugh T.E., “Use of CSIA to Distinguish Between Vapor Intrusion and Indoor Sources of VOCs” Seventh International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California, May 2010. McHugh T.E., “Improved Investigation Methods to Distinguish Vapor Intrusion from Indoor Sources of VOCs”, The AFCEE Technology Transfer Conference (San Antonio, Texas, April 2010). McHugh T.E., “Improved Investigation Methods to Distinguish Vapor Intrusion from Indoor Sources of VOCs”, The Federal Remediation Technology Roundtable General Meeting (Washington, DC, November 10, 2009). McHugh T.E., Rysz, M., Adamson, D.T., Newell, C.J., “Vapor Phase Monitoring of Groundwater Wells: Results of Laboratory Validation Study”, The International In Situ and On-Site Bioremediation Symposium (Baltimore, MD, May 5-8, 2009). McHugh T.E., DeVaull, G., Hopkins, H., “BioVapor: A 1-D Vapor Intrusion Model with Oxygen-Limited Aerobic Biodegradation”, National Tanks Conference (Sacramento, CA, March 30 - April 1, 2009). McHugh T.E., “Vapor Intrusion: Investigation of Buildings”, Workshop: Soil Gas and Housing - How are the two connected? (Vingsted Center, Denmark, Monday, March 9, 2009).

Representative Conference Presentations (Continued)

McHugh T.E., McAlary, T., “Important Physical Processes For Vapor Intrusion: A Literature Review”, AWMA Vapor Intrusion Conference (San Diego, CA, January 28-30, 2009). McHugh, T.E., T.N. Nickels, S Brock, K. Gorder, “Evaluation of Vapor Intrusion Impacts Using Induced Building Depressurization”, Sixth International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California, May 2008. McHugh T.E., Nickles, T.N., Gorder, K., Brock, S., “Evaluation of Spatial and Temporal Variability at Vapor Intrusion Sites”, 2008 AFCEE Technology Transfer Workshop, March 25-28, 2008. McHugh, T.E., T.N. Nickels, S Brock, K. Gorder, “Evaluation of Vapor Intrusion Impacts Using Induced Building Depressurization”, The SERDP and ESTCP Partners in Environmental Technology Technical Symposium and Workshop, December 2007. McHugh, T.E., S. Maberti, et. al, “The Use of Empirical Data to Evaluate the Impact of Biodegradation on Petroleum Hydrocarbon Vapor Intrusion”, Vapor Intrusion: The Next Great Environmental Challenge - An Update, Los Angles, California, September 13-15 2006. McHugh, T.E., T.N. Nickels, I.O’Brien, “Detailed Field Investigation of Vapor Intrusion Processes”, Fifth International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California, May 2006. McHugh, T.E., “Indoor Air as a Source of VOC Contamination in Shallow Soil Below Buildings”, Southeast Asia Environmental Forensics Conference, Taipei, Taiwan, September 19-20, 2005. McHugh, T.E.., “Vapor Intrusion Investigation Methods”, API Petroleum Vapor Intrusion Workshop, Costa Mesa, CA, August 17, 2005. McHugh, T.E., J.A., Connor, “Methods for Characterization of Exposure to Volatile Chemicals Due to Vapor Intrusion:, 2005 NGWA Ground Water and Environmental Law Conference, Baltimore, MD, July 21-22, 2005. McHugh, T.E., J.A., Connor, “Methods for Characterization of Background Indoor Air and Subsurface Vapor Intrusion”, Fourth International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California, May 2004. McHugh, T. E.,, J.A.Connor, “Vapor Intrusion: An Environmental Snipe Hunt?”, 19th Annual International Conference on Soils, Sediments, and Water, Amherst, MA, October 20-23, 2003. McHugh, T. E., P. C. DeBlanc, J.A.Connor, “A Mass Flux Model for Screening the Groundwater-to-Indoor-Air Exposure Pathway”, CONSOIL 2003, Ghent, Belgium, May 12-16, 2003. McHugh, T. E., P. C. DeBlanc, J.A.Connor, “A Mass Flux Model for Evaluation of the Groundwater-to-Indoor-Air Exposure Pathway”, NGWA Petroleum Hydrocarbons Conference, Atlanta, GA, November 6-8, 2002. Connor, J.A., F. Ahmad, T. E. McHugh, P. C. DeBlanc, C. J. Newell, R. J. Pokluda, “Development of Simple Screening Criteria for the Indoor Air Exposure Pathway”, RCRA National Conference, Washington, DC, January 15-18, 2002. McHugh, T.E., J.A., Connor, R.S. Lee, “Weight-of-Evidence Screening Criteria for Ecological Risk Assessment of Metals”, Society of Environmental Toxicology and Chemistry 22nd Annual Meeting, Baltimore, Maryland, November 14-18, 2001.

Representative Conference Presentations (Continued)

McHugh, T.E., J.A., Connor, “Impact of Risk-Based Decision Making on LUST Programs in Five States”, Second International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Monterey, California, May 2000. McHugh, T. E., J. A. Connor, M. W. Malander, “Use of Human Health, Ecological, and Other Risk Drivers to Prioritize Remediation of Contaminated Sites”, Society of Environmental Toxicology and Chemistry 20th Annual Meeting, Philadelphia, PA, November 11-15, 1999. McHugh, T. E., K. P. Van Ness , T. K. Bammler, D. L. Eaton, “Evidence that Mouse Glutathione S-Transferase A3-3 Evolved under a Specific Selective Pressure”, 37th Annual Meeting of the Society of Toxicology, Seattle, WA, March 1 - 5, 1998. McHugh, T. E., T. K. Bammler, W. M. Atkins, and D. L. Eaton, “Effect of Dimerization on the Catalytic Activity of the Heterodimeric Glutathione S-Transferase mGSTA3-rGSTA3”. International Workshop on Glutathione Transferases, Rome, Italy, November 7-10, 1997. McHugh, T. E., and D. L. Eaton, “The Evolution and Function of Drug Metabolizing Enzymes”, 25th Anniversary Symposium, Department of Biochemistry & Cell Biology, Rice University, Houston, TX, October 3 - 4, 1997. McHugh, T. E., W. M. Atkins, J. K. Racha, K. L. Kunze, and D. L. Eaton, “Binding of the Aflatoxin-glutathione Conjugate to Mouse Glutathione S-Transferase A3-3 is Saturated at Only One Ligand per Dimer”, International Conference on Glutathione and Glutathione-Linked Enzymes in Human Cancer and Other Diseases, Hilton Head, SC, October 31 - November 3, 1996. McHugh, T. E., K. P. Van Ness, T. K. Bammler, and D. L. Eaton, “Structure Function Analysis of Aflatoxin B1 - Epoxide Conjugating Activities on Glutathione S-Transferase-Yc Isoenzymes”, 35th Annual Meeting of the Society of Toxicology, Anaheim, CA, March 10-14, 1996. Expert Testimony Provided in Last Four Years

• Vernon Hanes et al. Vs. Smithfield Foods, Inc., et al., Case No. 08DK-CV00097 (Missouri Circuit Court,

Dekalb County), June 14, 2010 Deposition Testimony

Chevron Corp. v. Maria Aguinda Salazar, et al. Expert Opinion of Case No. 11-Civ-3718 (LAK) Thomas E. McHugh, Ph.D., D.A.B.T.

LACK OF EVIDENCE OF HEALTH RISKS ASSOCIATED WITH

HYDROCARBONS AND METALS IN THE FORMER CONCESSION AREA

EXPERT OPINION OF THOMAS E. MCHUGH, Ph.D., D.A.B.T.

ATTACHMENT B

Documents Considered* Published Literature American Society for Testing and Materials, 2000, ASTM E-2081-00: Standard Guide for Risk-

Based Corrective Action; ASTM, Philadelphia, PA. API, 2001. Risk-Based Methodologies for Evaluating Petroleum Hydrocarbon Impacts at Oil

and Natural Gas E&P Sites, API Publication 4709, February 2001. ATSDR, 1999. Toxicological Profile for Total Petroleum Hydrocarbons, U.S. Department of

Health and Human Services, Publc Health Service, American Toxic Substances Disease Registry (ATSDR), September 1999.

Carlon, C. (Ed.) 2007. Derivation Methods of Soil Screening Values In Europe. A Review And Evaluation of National Procedures Towards Harmonisation. European Commission, Joint Research Centre, Ispra, EUR 22805-EN, 306 pp.

Conservation of Clean Air and Water in Europe, 2003 European Oil Industry Guideline for Risk-Based Assessment of Contaminated Sites”, CONCAWE, Brussels, Belgium.

Rifai, H. and Suarez, M.P. 2000. The RBCA Success Story: RBCA and natural attenuation: More than a common sense approach to remediation. December 2000 issue of Environmental Protection magazine, page 26.

U.S. Environmental Protection Agency, Office of Emergency and Remedial Response, 1989 Risk Assessment Guidelines for Superfund EPA/540/1-89/002 US EPA Washington, D.C.

Project Reports Bejarano, R. 2003. Study to Determine the Scope of the Effects of Pollution at the Wells and

Stations Drilled Prior to 1990 in the Lago Agrio, Dureno, Atacapi, Guanta, Schushufindi, Sacha, Yuca, Auca, and Cononaco Fields.

Bermeo, J. 2009. Fishing Implements and Methods Used in the Oil-Producing Eastern Region

of the Ecuadorian Amazon. Use of Dynamite and Barbasco as Fishing Methods. Issued 17 November 2009.

Chevron Corp. v. Maria Aguinda Salazar, et al. Expert Opinion of Case No. 11-Civ-3718 (LAK) Thomas E. McHugh, Ph.D., D.A.B.T.

Connor, J.A. 2010. Expert Opinion of John A. Connor, P.E., P.G., B.C.E.E., Regarding Remediation Activities and Environmental Conditions in the Former Petroecuador-Texaco Concession, Oriente Region, Ecuador. Issued 16 September 2010.

McHugh, T. 2008. Response to the Allegations of Mr. Cabrera Regarding the Potential Human

Health Risk Associated with Hydrocarbons and Metals in the Petroecuador-Texaco Concession Area. Issued 8 September 2008.

Baca, E., Expert Report, Site Lago Cononaco 6, Aguinda, et al. v. Chevron Corp., Sucumbios

Provincial Court of Justice, Nueva Loja, Ecuador, March 2007. Baca, E., Expert Report, Site Shushufindi 4, Aguinda, et al. v. Chevron Corp., Sucumbios

Provincial Court of Justice, Nueva Loja, Ecuador, October 2005. Baca, E., Expert Report, Site Shushufindi 13, Aguinda, et al. v. Chevron Corp., Sucumbios

Provincial Court of Justice, Nueva Loja, Ecuador, January 2006. Baca, E., Expert Report, Site Production Station Shushufindi Suroeste, Aguinda, et al. v.

Chevron Corp., Sucumbios Provincial Court of Justice, Nueva Loja, Ecuador, January 2005.

Bianchi, G., Expert Report, Site Sacha 13, Aguinda, et al. v. Chevron Corp., Sucumbios

Provincial Court of Justice, Nueva Loja, Ecuador, August 2005. Bjorkman, B., Expert Report, Site Production Station Sacha Norte 1, Aguinda, et al. v. Chevron

Corp., Sucumbios Provincial Court of Justice, Nueva Loja, Ecuador, September 2006. Bjorkman, B., Expert Report, Site Production Station Sacha Norte 2, Aguinda, et al. v. Chevron

Corp., Sucumbios Provincial Court of Justice, Nueva Loja, Ecuador,, May 2006. Bjorkman, B., Expert Report, Site Production Station Sacha Sur, Aguinda, et al. v. Chevron

Corp., Sucumbios Provincial Court of Justice, Nueva Loja, Ecuador, July 2006. Morales, F., Expert Report, Site Production Station Aguarico, Aguinda, et al. v. Chevron Corp.,

Sucumbios Provincial Court of Justice, Nueva Loja, Ecuador, May 2006. Salcedo, J., Expert Report, Site Yuca 2, Aguinda, et al. v. Chevron Corp., Sucumbios Provincial

Court of Justice, Nueva Loja, Ecuador, March 2007. Court Documents Sentencia (English translation), Aguinda, et al. v. Chevron Corp., Sucumbios Provincial Court of Justice, Nueva Loja, Ecuador, 14 February 2011. Clarification (English translation), Aguinda, et al. v. Chevron Corp., Sucumbios Provincial Court of Justice, Nueva Loja, Ecuador, 4 March 2011. * Documents on this list are available on request.