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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 1 U.S. ENVIRONMENTAL PROTECTION AGENCY

PUBLIC HEARINGS REGARDING EPA OBJECTIONS TO 36 DRAFT NPDES PERMITS FOR DISCHARGES ASSOCIATED WITH COAL MINING

___________________________________________________ ___

Transcript of Public Hearing held on June 5, 2012, commencing at 7 p.m.

Frankfort Convention Center 405 Mero Street Frankfort, Kentucky 40601

Denise Y. Vasquez, RPR, KyCCR Registered Professional Reporter

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 2 MS. MacPHERSON: Good evening everyone. If everyone could please take a seat so we can get started with tonight's hearing we'd appreciate it. Please come forward, start filling up the seats. I know we still have quite a few people on their way in, but we don't want to deny those the opportunity to speak tonight and wait too long. Great. My name is Charlie MacPherson, and I'll be facilitating tonight's session. We also have sign language interpreters with us, and we've been asking, as they come in, if they need that service. But if there's anyone who does, if you could stand up, we want to make sure you are seated near the front. Okay, I don't see anyone right now. Now, my role tonight as facilitator is to ensure that as many people as possible have the opportunity to share their comments and that we maintain a safe and secure environment tonight. So those are my two objectives. And to help meet those objectives, I just want to briefly review some of the ground rules. Now, everyone should have a copy of these guidelines on their chair, but I just want to highlight four of them for us. First, please show courtesy to all speakers

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 3 and everyone here. Any disruptions, including applause, which, while might be appreciated, is only going to cut into someone else's time to make a comment. So, please, try to minimize any disruptions. For people who have registered to speak tonight, we have set time limits; again, to try to get as many people as possible to speak, so please adhere to those time limits. And I will be talking about -- more in detail about those time limits in a bit. For those of you who have cell phones, please set them to vibrate or turn them off now. And if you do need to have conversations, please exit the hearing area; again, to minimize any disruptions. For those people who wish to speak tonight, even if you've registered on-line, you need to obtain a speaker number, which is on a yellow sheet of paper, so, hopefully, you have that. Now, you all should have a copy of the agenda on your chair. And on the back of the agenda is a form in which you can make written comments tonight. And you can leave those comments out front at the registration table and they will be made part of the administrative record. This evening's hearing is being transcribed. And a

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 4 complete transcription will be available on EPA's website. Now, I want to briefly review the process tonight that we're going to follow for making statements. So people who have registered to make a statement and have the number in the upper right corner of the yellow form. We're going to limit statements to two minutes; again, to try to give as many people as possible an opportunity to make a statement. I know it's not a lot of time; but, again, you have a chance to submit your comments in writing if you have more detailed statements. And there is a chance that even if you do have a number to speak, you may not have that opportunity, depending on how long it takes us to get through the other statements tonight. Due to restrictions of the facility, we do have to be out at 11 p.m. So, now, I'm going to call the numbers in blocks of 20. So the first 20, when your number has been called in that block, if you could please go to the back left corner where our staff will be waiting and they'll meet with you to discuss in more detail the process, and then you'll wait before coming back -- they'll instruct you to come

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 5 back to make your statements. At this time, I would like to have blocks 1 through 20, numbers 1 through 20 go in the back. Our staff, he's raising his hand there, and they'll brief you on the instructions, and then I'll go into more detail on the process for making the statements after opening remarks. So, at this time, I'd like to introduce Mr. Jim Giattina, who is the presiding officer for tonight's hearing. Jim. MR. GIATTINA: Yes. Thank you, Charlie. Good evening, folks. I am Jim Giattina. I'm the Water Division Director of the U.S. Environmental Protection Agency's regional office in Atlanta, Georgia. EPA's regional administrator has designated me to conduct the public hearing this evening. I have with me Mr. Chris Thomas, who is chief of our pollution control and implementation branch. And let me start by thanking all of you for taking the time to be here this evening. We recognize that coal mining operations are critically important for Kentucky and for meeting our energy needs as a nation. We recognize that many of you are worried about your jobs. We also

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 6 know that many of you are concerned about the impacts coal maning -- coal mining may have on your health and environment. The purpose of this hearing is to listen to your concerns, especially as they relate to the 36 permits EPA has objected to that are the subject of this hearing. I want to note that EPA and the Kentucky Energy and Environment Cabinet have been working over the past two years to identify a set of common sense practices and appropriate permit conditions that we believe will protect and improve water quality while addressing the industry's concerns for clarity and cost effectiveness. Most of these practices have been developed by experts here in Kentucky and are beginning to be implemented by local mines. For example, some mining companies are redesigning mines to reduce the number, size, and location of fills. They are more carefully monitoring pollution levels, instream biology at their mines, and they're using realtime adaptive management techniques to prevent problems in downstream waters. They are beginning to find, target, and isolate specific sources of pollutants to keep them away from the water. And it's this kind of

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 7 innovation and care that will help ensure that coal mining remains a vibrant part of the local economy. Our desire at EPA is for the Commonwealth to move forward and issue permits that require these kind of innovative approaches and that have appropriate pollutant limits to protect water quality. Let me briefly give you some additional background information that is important for you to understand as you make your oral or written comments. The permits we are discussing are water discharge permits, known as National Pollutant Discharge Elimination System, or NPDES, permits. These are required by the Clean Water Act. An NPDES permit is the basic tool for controlling water pollution, and it contains conditions and limitations to protect water quality and its many uses, such as fishing, swimming, canoeing, and as a source of drinking water. The Clean Water Act requires that NPDES permits include pollutant limits stringent enough to ensure that discharges do not cause violations of the Commonwealth's own water quality standards. As part of the permitting process, Kentucky provides copies of draft NPDES permits to EPA for

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 8 our review. Since August of 2009, based on information provided by the Kentucky Division of Water, the Division has issued individual NPDES permits for approximately 87 surface mining projects and 28 underground mines or coal preparation plants. Additionally, the Division has allowed approximately 2,500 new and existing coal mining projects to proceed under its general permit authority. Over the past two years, EPA has objected to the issuance of a number of permits drafted by the Division, 36 of which remain and are subject -- are the subject of this hearing. While the majority of mining projects that need NPDES permits in Kentucky have received authorization to go forward, EPA remains concerned with mining discharges. In 2010, the Kentucky Division of Water estimated that at least 1,522 miles of Kentucky's rivers and streams are threatened or impaired due to mining. Recent studies, as well as the experiences of coal-filled communities, point to new environmental challenges largely unknown even 10 years ago. Sediment, salts, and metals that runoff from poor mining practices can destroy the habitat that sustains

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 9 fish and other forms of aquatic life in eastern Kentucky waterways. They threaten sources of drinking water and can affect the quality of life for the people of this region. Our objections to these 36 draft NPDES permits are based on the same fundamental concern, that permits must be strong enough to control pollution from these mines, pollution that can harm human health and aquatic life. This evening we are here to listen to the concerns you have about these permits. In particular, it is important that we receive any specific information you have with regard to these mines and the waters that they discharge to. As Charlie said, I know that we are limited on time and how many people can speak this evening. I encourage everyone who's interested in contributing comments and unable to speak tonight to do so in writing. The contact information was provided on your chair this evening. We will hold the public comment period open until June 21st, so we'll be accepting written comments up until that time. I want to emphasize at this point that no final decisions have been made. After considering all of the comments, the data and information

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 10 received on the permit objections, EPA's regional administrator in Atlanta will make a decision to reaffirm, modify, or withdraw each of our original objections. Once these decisions have been made, we will notify the Kentucky Division of Water, each of the permit applicants, and all of those who have registered and provided a mailing address to us. Our decision will also be posted on EPA's website. If we withdraw any of our objections, the Kentucky Division of Water will be able to move forward and issue those permits. If we reaffirm or modify any of our objections, the Division of Water can send us revised draft permits within 30 days that address our concerns. If for some reason we cannot reach agreement with the Division, then EPA will issue a permit for those particular mines. However, as I said earlier, I am hopeful that we will be successful in reaching agreement with these permits. It is our opportunity to hear directly from you this evening. I want to thank you again for being here and for participating in this process. And at this time, I'll turn it back over to Charlie, who will

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 11 moderate the rest of our hearing. MS. MacPHERSON: Thanks, Jim. If everyone could come forward. Oh, you're the -- the 20 block. You stay right there. Next, I'd like to ask Secretary Peters of the Kentucky Energy and Environment Cabinet, and followed by Commissioner Bruce Scott of Kentucky Department for Environmental Protection, to come up and make some opening remarks. Gentlemen, mind the fort. Sorry about that. SECRETARY PETERS: Thank you very much. Good evening. I am Len Peters, Secretary of Kentucky's Energy and Environment Cabinet. And on behalf of Governor Steve Beshear, I want to thank Region 4 for conducting this hearing to receive comments on their objections to Clean Water Act permits for surface mining operations in eastern Kentucky. Today's hearing is unprecedented in Kentucky. Also unprecedented is the state feeling compelled by matters of principle to sue the U.S. EPA, which we did in 2010 because of what we deemed to be arbitrary and inconsistent application of policies governing mining operations. My comments today regarding EPA's objections to these permits, therefore, are consistent with the concerns we

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 12 have expressed for more than two years now regarding this issue. As someone responsible for overseeing the state's environmental protection programs, I support and am, in fact, obligated to enforce regulations necessary to protect our land, air, and water resources. We can and must do all that is reasonably possible to protect our environment and the lives and health of our citizens. We have federal and state laws and regulations that not only guide this process but that bind us so that our decisions are not arbitrary, political, or, otherwise without basis. Environmental permitting is not designed to stop legitimate business activities, whether we are talking about a mining activity, a manufacturing facility, or a water treatment plant. Rather, permitting is to ensure these activities are done in accordance with existing laws and regulations. Regulators and a regulated community need certainty in this process. In addition, regulators and a regulated community need to be assured that decisions are made fairly and reasonably based on accepted scientific studies and analysis. The Energy and Environment Cabinet and U.S.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 13 EPA have an important partnership, and we share the same mission, to protect human health and the environment and to ensure environmental protection laws and regulations are implemented and enforced fairly and reasonably. Kentucky cannot simply reject surface mining permit applications that are in accordance with existing laws and regulations. Despite the rhetoric from some, surface mining, including mountaintop removal mining, is a legal form of mining that occurs on privately-owned land. We follow the federal Surface Mining Control and Reclamation Act, the Clean Water Act, and other federal provisions in operating the Kentucky program. Coal can be and is being mined in an environmentally responsible manner. We continue to make improvements, and the industry has been willing to do things better. For example, the Beshear Administration initiated a novel approach to ensuring enhanced environmental protection of surface mining operations through a fill minimization process, a protocol that should have been enhanced -- embraced by the EPA but was not. All sources of energy production in use, even renewables, have an environmental impact. But

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 14 existing laws and regulations are in place to minimize impacts and to reclaim mined land. That is why it is disconcerting to us that EPA has applied a specific benchmark, that is conductivity, to Appalachian coal mining, a de facto standard that has been based on what should be very narrowly interpreted incomplete science, not one that should be a surrogate measure of overall water quality. I read an opinion piece in the paper this week that even misrepresents the facts by saying that conductivity is a measure of contamination. The EPA knows and I know that this is not true, and yet many people do not know otherwise. Governor Beshear and I recognize and respect that EPA has a responsibility and obligation to revise and update regulations and program requirements as necessary to protect human health and the environment. However, EPA should not create new regulatory requirements that have not undergone the appropriate Congressional or rulemaking processes. As it is, EPA is preventing through its objection process, Kentucky, a delegated state, from issuing permits with no recourse for us or for the regulated community or for the

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 15 thousands of Kentuckians that depend on mining for their livelihoods. We should not allow a few studies, studies that have credible counterpoints, to determine the economic destiny of one region of the country. We have allowed rhetoric and misinformation to overwhelm what should be a legitimate discussion of very important issues, jobs, human health, the environment, and the rational application of administrative oversight. I will close by saying that I appreciate the efforts of the staff within Region 4. They worked closely with our Cabinet to arrive at a solution to move these permits forward. We were assured by headquarters that if we were to reach agreement, which we did, that EPA would honor that agreement. Unfortunately, that ultimately was simply not the case. And many months later, we are still experiencing the consequences of headquarters' actions. (Applause) COMMISSIONER SCOTT: Good evening. My name is Bruce Scott. I'm the Commissioner of the Kentucky Department for Environmental Protection. I thank you for the opportunity to provide comments today regarding EPA's permit objections

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 16 to 36 draft Kentucky NPDES permits for discharges associated with coal mining operations in eastern Kentucky. The Commonwealth of Kentucky has been delegated authority by U.S. EPA to administer the NPDES program in Kentucky since 1983. Since 1983, there have been tens of thousands of NPDES permits proposed and issued by Kentucky for wastewater and storm water discharges across the Commonwealth, ranging from individual homes, to cities, to industries, and to coal mining operations. The Agency is aware of only one prior instance where an EPA permit objection of the Kentucky proposed draft NPDES permit may have occurred. That was approximately 25 years ago for an industrial operation. No previously proposed NPDES permit for a coal mining operation has ever previously been objected to. However, since April of 2010, EPA has objected to approximately 40 proposed individual NPDES coal mining permits and has approved only one individual NPDES permit for a new or expanded surface mining operation in eastern Kentucky. Since receiving NPDES program delegation in 1983, Kentucky has maintained conformance with federal EPA regulatory

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 17 requirements. Simply stated, Kentucky's regulations and regulatory requirements are the same as the federal EPA regulations and regulatory requirements. With regard to the 36 EPA permit objections subject to the public hearing here today, it is noteworthy to point out that EPA has not made any changes to the federal NPDES regulations that are subject of these permits since April of 2010. In addition, there have been no changes to the applicable state or federal water quality standards that apply to Kentucky waters that are at issue in these permit objections since April 2010. The question, therefore, must be asked: What changed? What state or federal regulations have changed that has resulted in these EPA permit objections starting in April of 2010. While that question remains pending, Kentucky has continued to work extensively with EPA to address EPA's evolving comments and concerns that have been expressed over the past two plus years. Kentucky has provided numerous proposed draft permits, both formally and informally, consistent with existing state and federal regulations in an effort to resolve these objections. We've

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 18 remained committed and hopeful that a resolution to these objections can and will be achieved. With specific respect to the EPA permit objections subject to this public hearing, EPA's stated concerns primarily fall into two categories. First, with respect to how the reasonable potential analysis, or RPA, was performed to determine whether the proposed discharges have a reasonable potential to cause or contribute to a violation of Kentucky's water quality standards. And, secondly, the establishment of permit requirements in accordance with the determinations of that reasonable potential analysis. With respect to the first issue, Kentucky followed existing EPA-approved RPA procedures, regulations, and application requirements consistent with 40 CFR 122.44 and 40 CFR 122.21. Specifically, Kentucky evaluated available discharge data and/or requested discharge data where it was unavailable for a new discharge, as per existing regulatory requirements and permitting procedures. With respect to the second issue, Kentucky imposed a combination of chemical specific

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 19 limitations and monitoring requirements, whole effluent toxicity limitations and monitoring requirements, best management practices requirements, and instream biological assessment requirements and limitations. In addressing -- in addition to addressing individual parameter RPA requirements, the narrative water quality standard for conductivity and total dissolved solids is met via the combination of these permit requirements, consistent with 40 CFR 122.44. In addition, the instream biological assessment requirements are designed to address the site specific nature of the receiving stream, as specified in the narrative water quality standards cited in 401 KAR 10.031 Section 4(1)(f). In light of these facts, we respectfully request that EPA withdraw its permit objections. And we look forward to continuing to work with EPA in our ongoing effort to bring resolution to these issues in a timely manner. Thank you again for the opportunity to provide these comments. We will be providing additional written comments on these EPA permit objections. Thank you. (Applause) MS. MacPHERSON: Okay. Thank you. That

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 20 concludes the opening remarks. And at this time, I'd like to call down the first block of 20 speakers, with the even number speakers behind this microphone (indicating), the odd number behind this microphone (indicating). And if the second block, numbers 21 to 30 could go out in the back and meet the staff, and we will start the cycle here; again, so we could try to hear as many comments as possible. So, as I call your number, please step up to the microphone, state and spell your name, as I mentioned, we are preparing a transcript, and the organization you're representing. Also, please mention if there's any specific permit you're referring to, or if you're just speaking in general terms please mention that as well. We will then start the timer, which you see up on the screen just to help you with your time management. So after you say your name, organization, and if you're speaking about a specific permit, then we'll start the timer, and you'll have two minutes in which to make your statement. I request that you do stop speaking when the two minutes is up. We will also help you with that by being able to mute the microphone, because then I want to move

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 21 to the other speaker to give them a chance to speak. Again, please show courtesy to all the speakers and respect the time limits so that we can get as many comments as possible tonight. If you have brought a written copy, we -- also you may leave it at the registration table to help us out. Okay. So let's get going. Starting with number 1. SPEAKER NO. 1: I'm Terry Carmack, and I'm representing Senator Mitch McConnell, the Republican Leader of the United States Senate. "Today, I welcome the opportunity to provide my comments about the Environmental Protection Agency's objections to 36 Kentucky specific permits. Unfortunately, Congress is in session this week, so I cannot attend this important hearing in person. Like most of the country, Kentucky is suffering from a very difficult economic times. Far too many Kentuckians are unemployed and the prospect for future employment remains daunting, and that's why it is especially irritating that this Administration has blindly followed ideological policies that eliminate jobs in our communities. The people of Kentucky are

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 22 amongst the hardest working on the planet. But how can we be expected to compete if our own government is working against us. Simply put, my constituents are under siege from the Obama Administration's regulatory agenda, and the EPA is the worst offender. These 36 objections are further proof of this siege. Perhaps the clearest example of this Administration's regulatory assault is its war on coal. Since being sworn in, President Obama's EPA has set out to circumvent the will of Congress and the American people by turning an already cumbersome mine permitting process into a backdoor means of shutting down coal mines. 18,000 Kentuckians work in coal mining. And nearly 200,000 more, including farmers, realtors, transportation workers, rely on the coal industry for their jobs. Attacking an industry so important to Kentucky will only succeed in putting more people out of work, impeding future growth -- job growth and increasing energy prices. A former EPA official under the Obama Administration recently summed up the regulatory philosophy of the Agency with respect to those working in the coal business by saying it wants to

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 23 crucify them. This radical environmental anti-coal agenda must stop." Thank you very much. (Applause) MS. MacPHERSON: Thank you. Okay. And thank you. Well done on the time management. He set the bar perfectly. So next speaker, number 2. SPEAKER NO. 2: My name is James Milliman, State Director for Senator Rand Paul. And like Senator McConnell, Senator Paul is in Washington today in session fighting the EPA. (Applause). And he -- he has prepared a written statement that he's filed as of -- as of the record. But I want to say, ma'am, look -- look out at this crowd, and I want the EPA to take a look out here and see what they see. They see Americans. They see Kentuckians. They say -- they see people for 250 years have given their lives. They've scraped in the mines, they've gone through mine disasters, and they have provided energy for the rest of this country, and now we have people in this country, including the President of the United States that wants to spit on them. (Applause). And, madam, the EPA can say all it wants about hearings and all of this. These people do not trust the EPA (Audience members

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 24 respond) and they have no reason to trust the EPA. It is the EPA's burden to show that they are worthy of their trust. They have not shown it. When the President of the United States says he wants to bankrupt their businesses, their livelihoods, put them out of work, how can they trust the EPA? When EPA officials say they want to crucify their companies, like the Romans did to the dissonance in Ancient Rome, when they aren't a battleground state, would you be taking this position singling out Kentucky if it were a battleground state like Ohio and Illinois? No, you wouldn't. They are being penalized. (Applause). They are being punished because they disagree with this Administration. And it is time for the EPA to stand up to its responsibility (Audience members respond) and listen to the people because you cannot silence them. They will not be silenced. (Applause). They will stand up. Thank you. (Applause) MS. MacPHERSON: Okay. Thank you. Thank you. Again, any cheering, it's just going to delay the -- the statements. (Audience members respond). But, so, I appreciate the timing. We

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 25 want to give people an opportunity, you all an opportunity to speak tonight. So number 3, please. SPEAKER NO. 3: My name is Bill Nave, and I'm here on behalf of Congressman Ben Chandler to read excerpts of the following letter put in the record. "As you know, the Kentucky Energy and Environment Cabinet requested a meeting with your office over a year and a half ago to discuss the EPA's objections to 36 permits approved by the state. I am grateful your office has responded by scheduling these hearings to give my constituents an opportunity to convey the importance of coal to our state, as well as to express concerns over the application of guide -- guidance standards to the permit. Coal is critically important, abundant, inexpensive, and domestic energy source for this great nation. And in recent years has been the subject of many of your Agency's new regulations. Coal is a source of electricity for over one-third of the United States. It supports many small businesses and union jobs. Further, while our country needs to diversify its energy resources, coal is here to stay for the long-term and will remain a necessary and vital part of our

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 26 energy policy. One of my chief concerns is whether your Agency is engaging in regulatory and jurisdictional overreach by basing rulings on mere advisory guidance rather than laws made by elected officials or promulgated regulations. I'm also concerned the EPA is exercising unnecessary oversight on decisions made by the state's permitting authority, the Kentucky Division of Water. While I believe at being good stewards of the environment is critical, I also believe in obeying and upholding current laws important to companies that have clearly defined standards under which to operate. Excessive and unnecessary regulation will result in higher energy prices and unemployment in the state already struggling economically. (Audience member responds). Without a doubt, proximity to the coal industry has helped improve the quality of life, Kentucky families and communities, providing inexpensive electricity, over 3,800 jobs and 123 million in coal severance taxes to be reinvested in our great Commonwealth. EPA needs to recognize that coal is not the enemy and have -- can have environmental as well as

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 27 economic and national security benefits. (Audience member responds). I respectfully request your Agency listen to their concerns." Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. And if I could request to please try to speak as clearly as possible. Our interpreters are having a hard time understanding and they want to make sure they capture all that. So, thank you. Okay. Number 4. SPEAKER NO. 4: Danielle Smoot with Congressman Hal Roger's office. Congressman Rogers, of course, regrets that he cannot be here to join us today. He is, of course, in Washington fighting the same fight on Capitol Hill like he has been doing for many years for everyone here today. Congressman Rogers has grave concern about the Environmental Protection Agency strangulating regulations on Appalachian coal. In fact, earlier this year he told EPA Administrator Lisa Jackson that the Agency's behavior is contemptible. (Audience member responds). Time and again, the EPA has tried to bypass the Congress and weaken state authority.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 28 (Audience member responds). And they make no secret of this Administration's intentions to shutdown Kentucky coal. (Audience member responds). The permit process is now so complex that our coal operators are jumping through regulatory hoops trying to understand the constant shift in standards and rules that don't apply to everyone. What we do know, what is clear is that only one 404 individual permit has been approved for new surface mining operations in Kentucky in three and a half years. (Applause). That is downright shameful. Congressman Rogers has made it clear that just because you're pro coal doesn't mean that you're against the environment. He is the co-founder of the eastern Kentucky PRIDE organization that has invested environmental education in every school district in southern and eastern Kentucky, has inspired upwards of 33,000 volunteers to clean up our hillsides every spring and remove nearly 30,000 straight pipes from our streams. In fact, some of PRIDE's most proud sponsors and volunteers are coal operators and the people sitting right here today. (Applause). No one here wants to eliminate environmental

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 29 laws. That's not our purpose. But we do expect them to be applied fairly and consistently so our coal mining families can build a business, start a family, or buy a home without the fear of a pink slip because another permit is on hold. The EPA has a duty to protect the environment. But this duty must be fairly applied under the law and executed absent of political agendas. On behalf of the men and women of southern and eastern Kentucky, Congressman Rogers asks that the EPA overturn its objections to these permits. Thank you. (Applause) MS. MacPHERSON: Okay. Thank you. Number 5. SPEAKER NO. 5: Hi. I'm Brian Smith, and I've got a statement here from U.S. Congressman Brett Guthrie. "Though, I regret I cannot be present to attend this hearing on account of votes in the House of Representatives, I want to make it clear that I am fully opposed to the war on coal that has been waged by the Obama Administration. Coal isn't just about mining jobs, it's about all jobs. My background is in manufacturing and my family owns and operates Trace Die Cast, an automotive supply facility in Bowling Green.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 30 Manufacturing is an energy intensive business and Kentucky is one of the most attractive states in the nation for manufacturers because of electricity rates that are consistently among the lowest in the nation. The affordable electricity guaranteed to us by coal has been a major contributor to attracting global employers like Ford and Toyota. And as we all know, our country has to be a nation that makes things if we are going to compete in the global economy. (Audience member responds). Despite this, President Obama and EPA Administrator Lisa Jackson have made a point of attacking the energy-producing, job-creating coal industry that powers American industry. President Obama, acting through the EPA, has stifled the mining industry. EPA's strangulation by regulation is the cause for today's hearing. But it is by no means the only front in this Administration's war on coal. Indeed, the Obama Administration is attacking coal on numerous fronts. In Kentucky, the EPA is delaying, denying, or obstructing the permits needed to extract it from the ground. Nationwide, the EPA is imposing regulations on power plant

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 31 emissions that are unworkable and unaffordable in hopes of drowning out the industry with billions of dollars in new regulation. At the same time, the EPA is attempting to reclassify coal ash leftover from combustion as hazardous waste, when it is directly counter to EPA's own scientific findings. The last case is particularly informative. As EPA attacks coal at every stage of its life cycle, from extraction to disposal, it is doing so with little regard for science or environmental protection. For EPA, it's about ending coal first and protecting the environment second." (Applause) MS. MacPHERSON: Thank you. Okay. Speaker number 6. SPEAKER NO. 6: My name is David Williams, W-i-l-l-i-a-m-s. I am President of the Kentucky State Senate and former Chair of the Council of State Governments in the Southern Legislative Conference. First, I would like to welcome the Environmental Protection Agency to a coal-producing state. (Applause). A coal-producing state that understands that even the provisions of the Clean Water Act allow

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 32 variances that can be regulated from requirements of enforcement when there is widespread social and economic disruption. Kentucky is an example, if there ever was one, of widespread social and economic disruption that has occurred because of the, we believe, illegal actions of the Environmental Protection Agency. I don't mean to insult anyone on -- in the Environmental Protection Agency. We just state a fact, and that fact is Kentuckians, not just coal miners, but all Kentuckians are seriously damaged by the actions of this Administration and the Environmental Protection Agency. (Applause). I strongly -- I am here -- I am here as a legislator and President of the State Senate to redress a grievance and to petition my government, all of our government, to withdraw the permit applications and allow Kentucky miners to go back to work. (Applause). April 1, 2010 is an important date. It wasn't just April Fool's Day, it was the date that guidance was issued, not a law, not a regulation, but a guidance, which forever changed in the minds of Kentuckians the level of trust they have for their government. That guidance changed the

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 33 interpretation of regulation and law. And from that date forward we were not allowed to proceed. We weren't allowed to amend the permits that were in process, and permits were denied and not issued. We believe that this is a wrongful use of power by the federal government. We as individual states have constitutional authorities and we're here to redress that grievance. Thank you for listening to each and every one of us. Do the right and fair thing and let our permits free so we can put our people back to work. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Speaker number 7. SPEAKER NO. 7: I'm Robert Stivers. I am the State Senator from Clay County and the majority floor leader of the Kentucky State Senate. I come here as a policymaker, and I do understand the fact that there will be, upon the actions of the EPA, a loss of taxes and a severance tax, which runs our state and local governments. I understand the policy and the impact of the fact that many people who do not work directly in the mining industry, but work in the steel industry,

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 34 the aluminum industry, the -- the rail industry, the automobile industry, will lose their jobs and we will not be competitive because prices for energy and the rates on the kilowatt hour will go up. I understand that people who work directly have secondary jobs in the coal industries, such as truck drivers, equipment salesmen, people who work for selling supplies, every mom and pop grocery store that sells pickled bologna, a moon pie, and a Pepsi to these people who go there and work will be impacted. But I'm not here to talk the policy and the principle of that. What I'm here to tell you, as being from Clay County, as I walked in here and there are thousands more people outside, that there are consequences to the EPA's actions or inactions. When I see a friend that I sat down next to, Bobby Collins, it's my neighbor, or I get a call from my relative who says, "I'm afraid I'm going to lose a job," who's been working for ICG for almost 30 years or the subsidiaries, but most importantly, when my 22-year-old son walked in last night and was so proud to say he worked in the coal industry running an auger, that he may lose his job due to

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 35 the regulatory actions of the EPA, I tell you here as a parent, as a friend and a neighbor, this is supposed to be the Administration of hope and change. Well, you have changed the rules. And my people have lost their hope for an opportunity to work in the area that they come from. And I ask you to realize the consequences of your actions. (Applause) MS. MacPHERSON: Thank you. Thank you. Yeah, I just want to say before speaker 8, I really appreciate everyone adhering to the time limits and showing courtesy to the speakers. That's going to help us get as many comments as possible tonight. I appreciate that. Thank you. Number 8. SPEAKER NO. 8: Senator Robin Webb, W-e-b-b. I represent the 18th District where we have river and rail direct impact. I want to welcome the EPA here today. And before I was elected to the Senate, I spent ten years in the House where I was a second-ranking member of the Budget committee, so I know first-hand the economic impact that coal and the incidental industries have on this state. I also knew from an early age that I wanted to work in the coal industry as a coal miner. I had

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 36 the opportunity to do that. I wrote my high school paper on SMCRA. I'm going to tell my age. In 1978, and I testified at the 10-year anniversary before Moe Udall's committee on SMCRA in Washington, DC. I have two degrees from Morehead State University, one in underground mine safety and one in surface mine production. I'm a former prosecutor for the Natural Resources Environmental Protection Cabinet in surface mine enforcement. I'm also former general counsel of the 4th -- at the time, 4th largest coal company in the nation, the producer in the nation. So I know a little bit about the industry and I know a little bit about the law. And I stand before you today as an elected policymaker, who is accountable to my people (Audience member responds) and I say, to use a legal term, ultra vires action, as administrators, you have usurped elected Congressional authority and imposed arbitrary and capricious rulemaking. (Audience member responds). I also chaired the 404 Water Task Force here in Kentucky under the former Secretary Wilshire. I know a little bit about that, too. I know that the 404 allows for variances when certain criteria of impact are met.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 37 I charge to you that those criteria are met here in Kentucky today. And I want -- we respectfully ask to free the 36 permits and future permits and let my people go back to work, because when you free those permits, you free my people. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker number 9. SPEAKER NO. 9: Good evening. I'm State Senator Dorsey Ridley, representing the 4th Senatorial District in far western Kentucky. I'm proud to serve three coal-producing counties, Henderson, Union, and Webster, and three coal using coal-supporting counties, Caldwell, Crittenden, and Livingston. I serve on the state Natural Resources and Environment Committee and the Special Energy subcommittee, and I am a proud supporter of Kentucky coal industry. I was compelled to come here tonight to express my utter indignation with EPA for the way it has blocked permits for new and expanded mining activities in Kentucky. It is oppressive to our economy, hurtful to our well-being and obstructive to our growth. It's unjustifiable. The EPA

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 38 changed the rules in the middle of the game, rejecting permits after the release of new regulations that were just approved the month before. They disregarded practices that have been in place for more than 20 years without public notice or any public input. The coal industry was not even given a chance to modify permit applications to meet the new requirements, neither was the Kentucky Division of Water given the opportunity to change their procedures. It's unfair. How can the coal industry strive or even survive against such tactics, the mines closing, losses of jobs, and this hard blow, it's a hard blow to our state's economy, just when we're starting to recover from this recession. When the coal industry hurts, all of Kentucky hurts. But it seems the EPA doesn't care that Kentucky is hurting, even though it excludes Pennsylvania, Ohio, and Virginia, states that are in our same eco region from the new regulations. It binds them only to us. Why? There's no good reason why. The fine people of the Commonwealth and the fine people of the 4th Senatorial District deserve better than this. And on behalf of the tens of thousands of

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 39 people in the district I represent, who support the coal industry, I ask the EPA to withdraw these unreasonable permit objections and to work openly and justly for our state from this point forward. Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Speaker number 10. SPEAKER NO. 10: My name is Jim Gooch. I'm a Democrat State Representative representing the 12th District in the heart of the West Kentucky coalfields. I'm serving my 10th term in office, and for the past 14 years I've served as Chairman of the House Natural Resources and Environment Committee. I'm happy to have with me here today Representative Hubert Collins from Paintsville, who's serving his 22nd year and is Chairman of the House Natural -- the House Transportation Committee. You know, Kentucky is here today to talk about coal because we have been very prudent in our choice for sources for our electricity. Coal is the most available, the most abundant, the most affordable, and the most reliable source that we have. So we can say that for -- in order for

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 40 Kentucky to go forward, coal must be a part of our future. But coal has also been very important to this country. It's been the backbone of this nation for more than 200 years. It fueled the Industrial Revolution, was critical to our success in winning two World Wars, and made this nation the super power that it has become. It is these successes that this great nation has achieved the dreams of our forefathers. These same forefathers drafted the Declaration of Independence. They fought and won the Revolutionary War and they set into place the fundamental principles of federalism that created a balance between the powers between the federal and the state governments. Listen to these profound words from the Declaration of Independence. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness -- That to secure these rights, Government are instituted among Men deriving their power from the consent of the governed." Like I say today, that we do not consent to

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 41 the government destroying our way of life. We do not consent to the devastation of our economy, and we certainly do not consent to this government taking away our unalienable rights that have been given to us by God, these being life, liberty and the pursuit of happiness. You know, the state's created a federal government, not the reverse. So why would the states create a government to control and take away their rights? If we are to give up our rights as a state, then where does this end? Will federal governments give up their rights one day to world governments? I think not. Thank you for taking the time to hear me. (Applause) MS. MacPHERSON: Thank you. Thank you. Speaker number 11. SPEAKER NO. 11: My name is Ben Waide, B-e-n W-a-i-d-e. I'm the State Representative from Hopkins County, Kentucky, the 10th District. I represent approximately 46,000 people. And I bring to you, EPA, a message from those 46,000 people tonight. And that message is, you've gone too far, and you know you have. (Applause). So we think you're a little confused. We think

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 42 you've forgotten who you work for. (Audience member responds). You work for us. We don't work for you. (Applause). We think that you've gotten a little confused about your mission. Your mission is to protect the people, not attack the people. (Applause). As it was mentioned earlier, coal is mined in Kentucky in an environmentally responsible way. Everything we do here is legal, until you changed the rules. And when you do that, I submit to you, respectfully, you broke the law and you need to be accountable for that. (Applause). My message to you tonight, EPA, is that you've gone too far. You've gone too far with copper in Alaska, and you know what I'm talking about. You've gone too far with slow-walking permits for oil in the Gulf, and you know what I'm talking about. You've gone too far with the Green River formation, with oil in America (Audience member responds) and you know what I'm talking about. And you went too far when you created a rule out of thin air that no coal mining operation could possibly meet. (Audience members respond). You went too far. When you take away the 50 percent of the power generation in this company --

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 43 in this country, do you have anything to replace it with? (Audience members respond). The message I have for is you've gone too far and you need to be accountable for that. Thank you. (Applause) MS. MacPHERSON: Okay. Thank you. Thank you. Speaker number 12. SPEAKER NO. 12: Thank you. My name is Stan Lee. I represent the 45th District, which is Fayette County in Lexington in Central Kentucky. And I have a message for some of my friends from the left who are here today. There's not a coal miner, coal operator, or anyone in here who wants dirty water. (Applause). That's not what this is about. It's never been about that. It's never been about the Clean Water Act or the Clean Air Act. It's been about a president who has decided to punish the state that didn't vote for him in 2010. (Applause). And it's about a state that ain't going to vote for him this year. (Applause). Now, I'm here to tell you that the people in Central Kentucky, we don't have a coal mine, we don't produce coal, but we use an awful lot of energy, and we are one of the economic drivers of

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 44 the entire state. And by hurting coal, you hurt our ability to attract industry to this state, to move our state forward. You're depressing not only eastern Kentucky and western Kentucky, you're depressing the entire state. It's deplorable. (Applause). So I call on -- I call upon the EPA and President Obama to quit hiding behind the Clean Water Act, to quit hiding behind the Clean Air Act, or any other act they can think of and come out and tell us what this is about. This is about punishing a state and punishing an industry that you just happen to not agree with. I would ask the EPA to withdraw your objections to these mining permits, allow these fine men and women to go back to work, and allow our state to move forward. Don't depress our state, allow us to move forward. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker number 13. SPEAKER NO. 13: My name is Brent, B-r-e-n-t, Yonts, Y-o-n-t-s. I'm State Representative from the 15th Legislative District covering Muhlenberg, Christian, and Hopkins County in the coal center of the west Kentucky. Muhlenberg County in 1960

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 45 produced more coal than any other site in the world. It is home to Tennessee Valley Authority's Paradise steam plant, which provides electricity from coal to about a million homes in this region. Coal produces 94 percent of the electricity in the state of Kentucky. It produces 51 percent of the electricity in these United States. Coal miners make $65,000 per year on the average. The federal agencies, in particular, tonight, the EPA is going against the law. You are usurping public policy. You are creating law without authority from Congress, without any regulations documenting or supporting any exercise of authority you're attempting to make. By not following the rule of law, and this is a country of law (Applause), you are -- you are overreaching the promisee that Kentucky has in citing permits for surface mining. You are overreaching in a lot of areas about water, about air. You have violated the sovereignty of the Kentucky -- Commonwealth of Kentucky. You have violated the Federal Administrative Procedures Act in how you have acted in making these changes and regulations through the guidance that was referred to above. You are pursuing a self-centered arbitrary

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 46 policy against coal, against surface mining in Kentucky, all of which we are doing perfectly legally. And we have promisee. You are second. You are abusing the policy. There's different opinions about whether mountaintop mining should happen. But that's not the question. We have regulations in place. We follow the law. You're not following the law. Please remove these objections to the permits. Do not deprive us of jobs. Let our people go back to work. And as our Governor said, "Get off our back." (Applause) MS. MacPHERSON: Thank you. Okay. Speaker number 14. SPEAKER NO. 14: My name's Fitz, F-i-t-z, Steele. I represent the 84th District, the number two and three largest coal-producing counties in this Commonwealth. I have here with me, the first lady of coal, Representative Leslie Combs, Pike, Letcher, Harlan, and Representative Edmonds from Breathitt County. (Applause). First of all, I'm a Democrat. I'm Vice Chair of Natural Resources Committee, and I know more about coal mining than any of your EPA. I had

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 47 Ms. Knowles [ph], I met with her a little over a year and a half ago, everything she told me has not came true and has not happened. Every one of you all drank water tonight. You've broken the law according to yourself. Take the bottles back and check the conductivity levels. (Applause). First, I want to thank everyone for coming tonight to support Kentucky coal and our coal miners. I hope you all understand where we're coming from. This is my signature industry, the coal industry. I am a coal miner. I've been a coal miner for 20 some years and will be until the day I die. (Applause). I've traveled 138 miles; Representative Combs is at 160 some; Representative Edmonds is about 115, to take up for our people. We each represent over 44,000 people in this Commonwealth. They hire us to do this. They elect us. You all have a president in Washington that has targeted coal since Day 1. There has not been a permit release since April 1st, 2010. I'm asking you to release the permits, let our people go back to work, and let's get going. I have in the teens that are being held up for no reason, no reason whatsoever. The problem

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 48 in the east is not the coal mining in the water, it's the straight pipes, it's the pollution. Look at House Joint Resolution 11 that I passed through the House and they let come through the Senate that our federal delegation has, redirect that 404 money. Put it to cleaning up the straight pipes and the sewers that's going into our rivers and waterways. (Applause). The Kentucky River was 112 the last time right out here it was tested, nowhere near a coal mine. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker 15. SPEAKER NO. 15: I'm State Representative Kim King, K-i-n-g. I represent the 55th District, which is Anderson, Mercer, and Spencer Counties, and I'm the Republican Vice Chair of Tourism and Energy Committee. I am proud to serve two Kentucky utilities facilities, the E.W. Brown generating plant in Mercer County and the Tyrone generating plant near Lawrenceburg. The E.W. Brown generating plant has been valuable in maintaining Mercer County's local economy as the company made expensive improvements to their existing campus. The many dollars spent on food,

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 49 gas, lodging, aggregate, and many other supplies is greatly appreciated. Our other local industries require at least moderate amounts of affordable, reliable coal-powered electricity to produce and distribute their products. While the Environmental Protection Agency may have good intentions, I strongly disagree with the two-year delay in issuing permits for new and expanded projects of mining Kentucky coal. The Kentucky Division of Water has adhered to EPA protocol in issuing Clean Water Act permits for more than 20 years. It's my understanding the EPA's criteria changed even though there was no revision in existing fundamental regulations or laws. Based on my research, this ongoing delay has cost Kentucky 3,800 jobs and 123 million in coal severance taxes. More than 70,000 Kentuckians proudly benefit from our Commonwealth's valuable coal industry. Most of these individuals and their families live in the site areas and value clean air, water, and soil as much as anyone else. They desperately need the economic health and social benefits a thriving coal mining industry provides. We don't have to choose human wellness at the expense of

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 50 economic and -- growth and prosperity. These priorities are not mutually exclusive. As an elected public servant, it is my responsibility to protect the Commonwealth to the best of my ability. My colleagues from both political parties and I stand united against unelected agency policy and an agenda focused on crucifying domestic fossil fuel production and necessarily skyrocketing America's energy cost. The EPA should withdraw these 36 permit objections. Thank you. (Applause) MS. MacPHERSON: Thank you. PUBLIC SPEAKER: I'm Denny Noble, D-e-n-n-y, N-o-b-l-e, County Judge Executive, Perry County. (Applause). I'm not here for political reasons. I'm here for these people. I'm an ex-coal miner myself. I know how I raise my family. My two sons gone to metal fabrication shop that works off the coal mines. These coal mines shutdown, they're shutdown. These people right here shuts down, how much money does the state government lose? How much money does the federal government lose? You cannot balance a budget by cutting down jobs. Our own employment rate is as high as it's

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 51 ever been in history. We've lost over -- over 2,000 jobs, thousands of jobs already in these -- in these small counties. That affects hundreds of thousands. That reflects out to -- to -- to -- to store owners, everything that goes. But I feel like our federal government is walking down the steps backwards. They're reversing of what they should be doing. When I became county judge, I balanced the budget. You can't barter yourself out of debt. It's impossible to barter yourself out of debt. When you put these people out of work, you've lost income, you've lost taxes. Has anybody ever, ever stopped to think of how much money, how much abandoned mines' money that goes to the federal government? Has anybody ever looked at that? Have you ever looked at that study? Our -- our water lines, our shorelines, we have open lines in Perry County running in the creeks today. The only way that we can stop that is by coal severance money. We work every day running water lines, running sewer lines, by what these people work out. Every county in eastern Kentucky works the same way. I can't understand the EPA. I'm -- I'm real confused on what -- what

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 52 you people are really trying to do. You look at these people out here trying to make a living, they have homes to pay for, they have cars to pay for. I'm very sad for y'all today. And I would like to put this on public records. Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Speaker number 17. SPEAKER NO. 17: Thank you. My name is Joni, J-o-n-i, Jenkins, J-e-n-k-i-n-s. And I represent Kentucky House District 44 and the Kentucky General Assembly. The 44th District is not a coal-producing area. We have no underground or strip mining. We have no mountains. However, in my community there are two coal ash landfills and two coal ash ponds. Some of my constituents live with only a chain-link fence and an asphalt street between their homes and an elevated pond. They wonder what would happen if that pond should reach its banks. Daily, fly ash flows from the towering landfill and lands on their cars and their homes. Fly ash lands on their children's toys and on swing sets. Fly ash lands on their vegetable gardens. So why do I care about mining regulation issues? Because I know there is no my water

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 53 separate from your water. What's in your water is in my water. (Applause). When our state agencies fail to enforce federal laws to safeguard our water, be it from the coal mine or the coal ash dump, it impacts our water and it impacts our health. I am here tonight because, as a public official, I rely on having the most truthful objective set of facts before me as I make decisions that may affect thousands of people for thousands of years. It is a responsibility that I sought and one that I do not take lightly. I am here tonight because I fear the Commonwealth of Kentucky seems ready to embark on a course that will have implications not just for the mining areas of the state, but for all of the state. By refusing to comply with the EPA and the Clean Water Act, we will disenfranchise the very Agency charged with protecting us and our environment. That's enabling business and political interests to operate without regard to the health and safety of our citizens. I thank you for your time and the opportunity to speak. (Applause) MS. MacPHERSON: Thank you. Okay. Okay.

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2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 54 Speaker number 18. SPEAKER NO. 18: My name is Jim Townsend, T-o-w-n-s-e-n-d. I'm County Judge Executive of Webster County, which is in western Kentucky. I'm here tonight to ask the W -- the EPA: Why in this world won't you allow both permits to pass and let these people go back to work? In western Kentucky, we're very fortunate, we have deep mines, we have had strip mines in the past, but all of our coal companies there have worked diligently to make sure that their coal is clean when it comes out of the -- out of the ground, they clean it, and they also make sure that the -- as they ship the coal down the river, the river is clean, too. We are affected in west Kentucky by the fire producers that are in western Kentucky. In our county, Webster, which joins Henderson County, we have a coal -- a coal-fired plant that is producing energy to keep re -- re -- I'll have to let my Henderson County Judge pronounce that, Rio Tinto [ph], which is an aluminum plant, as well as an aluminum plant in Hopkin -- in Hancock County, which are the two of the largest in the world, and they need this energy that we are producing in western Kentucky.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 55 I feel like our streams are as clean as anybody's anywhere in the United States. I also feel that the mining industry in eastern Kentucky is making every effort they can to keep the -- the water safe for the people there. I only have a short time left. I want to thank you for being with us and -- and listening to us. There are a number of other people left to speak. And, again, thank you for coming to Kentucky and appreciate anything you can do to help us. (Applause) MS. MacPHERSON: Thank you. Thank you. I just want, before number 19 goes, I -- with the interpreters, is there anyone here who needs the interpreter services? If you could stand up. And if someone sees someone, point them out to me. I don't see anyone. No. So I think we're -- I don't want them to have to do this all night if there's not a need. Okay. Great. Thank you. Speaker number 19. SPEAKER NO. 19: Yes, ma'am. Thank you and thank you for letting me be here tonight. My name is Hugh McCormick. I'm County Judge Executive from Henderson County. My county is quite

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 56 dependent upon coal and the electricity that it produces. Our hospitals, our schools, our rest homes, our restaurants, everything about them are dependent on coal. We sit here tonight in a room with electricity, air conditioning, lights, because somebody is burning coal somewhere creating electricity. I've worked at Big Rivers Electric in western Kentucky for 30 years. My job at Big Rivers Electric was in the fluegas desulfurization department, which other people call the scrubbers. As has been said, it's not about the water, because every drop of water that comes on that plant is retained on that plant site and is treated on that plant site just like it is in the surface mines across Kentucky. It's not about the water. It's about the regulations and the rules that you continue to put on the industries of Kentucky that's driving these industries out of business. They closed down a power plant in our county that had -- couldn't -- couldn't meet the EPA regulations. The turbines, the furnaces, the boilers from them very power plants are being sold in the third-world countries (Audience member responds) sold in the third-world countries, the

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 57 furnaces. There is no regulations for them. Every three days they open up another power plant somewhere in the world and we continue to drive our businesses out. (Audience member responds). Somebody's got to step up, stand up for the miners, the industries of this whole Commonwealth and -- and let these people work. (Audience member responds). Let's keep the lights burning. My children used to always get upset when I would have to go to work on Christmas morning. They'd say, "Pop, please don't go. Just call in sick." And I said, "Babe, I'm just like Tom O'Dale [ph], we've got to keep the lights on for you." Ladies and gentlemen, please let these people keep the lights on for Kentucky. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker number 20. SPEAKER NO. 20: Thank you. My name is David Johnston. I'm -- J-o-h-n-s-t-o-n. I'm the Ohio County Judge Executive. And that's in western Kentucky. Coal produces the jobs for Ohio County that keeps the quality of life there high. In other words, it's the best paying jobs in the

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 58 county are the coal mining jobs. It -- it makes up a great deal of our economy. It helps a lot of families. But it also produces the money that it takes to operate the county government, which we're aware of every day. It produces one-third of our revenue to operate the county government on. And all of our revenue for things like police cars, ambulances, building anything in the parks, or anything other than day-to-day government, it's paid for by the coal severance funds. And so that means a lot to us. We don't want to pollute the air, we don't want to pollute the water, but we do want to save these jobs for the -- for the county and for the state. These regulations are oppressive and they're hurting the coal industry. I would just ask the EPA to look at it, if it's any way you can free up those permits for the people of Kentucky, it would be greatly appreciated. If Kentucky is being persecuted because we're not a battleground state, that would be bad, and I hope that's not the case. But I will -- I will close with a statement by Ohio County's number one son, Mr. Bill Monroe, who said, "Thank God for Kentucky and the whole USA."

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 59 (Applause) MS. MacPHERSON: Thank you. Okay. Speaker 21. SPEAKER NO. 21: Thank you very much. My name is Rick Nelson. I represent the coal-producing counties of Harlan County and Bell County, which are in southeastern Kentucky. Standing with me is Judge Joe Grieshop of Harlan County, which is the state's number two coal producer. I'm also proud to let you know, like I did earlier, that my dad worked in the coal mines for over 30 years to support his family. Today, mainly due to the actions of the EPA and Washington, DC, thousands of mines and mining related jobs have been lost. The inability of companies to get permits to mine new coal has forced our citizens to go from drawing a paycheck to the welfare rows. In addition, the closing of many coal-fire power plants because of EPA regulations will have disastrous results for employment and will cause each and every one of us to have a tremendous increase in our electrical -- electric bills. Did you know what the number one pollutant of streams is in Kentucky? According to the Division

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 60 of Water's own survey in 2007, it's not mining, it's agricultural runoff impacting nearly 3,000 miles of streams. But guess what? They've not closed a single farm down. I've not seen the EPA or any of the protestors come. They're not worried about that. They're worried about mining, not their own back door. And economic development (Audience member responds) economic development is apparently in the eye of the beholder. On Exit 87 on Interstate 75 and down at this first Frankfort exit, there was some of the prettiest farm land that you ever saw. But guess what happened? The bulldozers came in and moved it all, and now there's shopping centers and malls. Some people call that economic development, except when we do it in the coalfields, and then they call it bad. So what's the difference? (Applause). Finally, my message to the EPA, we really need your help, so I say to you, "Set our miners free so they can make a living for their families and produce the energy for America. Set our miners free." Thank you. (Applause) MS. MacPHERSON: Okay. Thank you. Speaker

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 61 22. SPEAKER NO. 22: My name is Bill Bissett, and I'm proud to be the president of the Kentucky Coal Association. (Applause). I truly welcome these hearings which afford EPA an opportunity to right a terrible wrong done to Kentucky coal mining industry, the miners and their families, and the people of Kentucky who benefit so greatly from low cost energy. The wrong occurred on April 1st, 2010 when EPA announced that new water quality requirements, effective immediately, would apply to the review of permits of new and expanded activities -- surface mine activities in eastern Kentucky. The new requirements would replace procedures the EPA had approved and the Commonwealth of Kentucky had utilized for more than 20 years, and as recently as two weeks prior to April 1st, 2010. The new requirements were imposed in a dictatorial fashion with no prior notice to the coal mining industry that would allow the companies to adjust their mining practice or the applications for Clean Water -- Clean Water Act permits. The new requirements were imposed with no prior notice to the Commonwealth's Kentucky Division of Water,

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 62 that is charged by law with the duty to administer the KPDES permit program. The EPA's arrogant imposition of new requirements, effective immediately, has had a devastating effect on surface mining industry that serves as a lifeblood of eastern Kentucky's economy. For more than two years, not a single individual KPDES permit for an eastern Kentucky surface mine was approved by the EPA. That harm inflicted by EPA on eastern Kentucky mining industry, the jobs that it provides, the economy that it supports, has been shamefully prolonged by the EPA's failure to conduct the public hearings mandated by the Clean Water Act to resolve these issues. The Commonwealth of Kentucky requested these hearings in December 2010, and the EPA has only now, a year and a half later, responding to the state's request. In the meantime, mining projects have been abandoned, jobs have been lost, and people and communities have suffered without any effort by the EPA to fulfill its legal responsibilities. Now, at last, the EPA has an opportunity to right the wrongs that it perpetuated on the most vulnerable region of Kentucky when it applied new

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 63 requirements to be effective immediately. This can be accomplished by withdrawing their objections and allowing these projects to proceed and to transition to compliance with any new requirements over a reasonable period of time. If the federal government is truly committed to the welfare of its citizens who are desperate for jobs, it can do no less. It is pastime for the EPA to right this wrong. And thank everyone who's pro coal for being here tonight. (Applause) MS. MacPHERSON: Okay. Thank you. At this time, I'd like -- we're -- keep hearing from the speakers, but the number blocks 31 to 40, if you could go in the back room to get ready to speak. 31 to 40, are you out there? Yeah, go ahead and go to the back corner to meet with the facilitation staff. Okay. Number 23. SPEAKER NO. 23: Good evening. I'm Barry Racey, Director of Government and Public Relations for AK Steel Corporation. We want to thank the U.S. EPA for giving us the opportunity to comment at this hearing. AK Steel is an integrated steel maker that employs about 6,200 men and women in Kentucky, Ohio, Pennsylvania, and Indiana. With

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 64 me is Mr. John Gruber. John is general manager of AK Steel's Ashland Kentucky Works, which is located in Northeast Kentucky near the heart of the coalfields. Our company has a long proud heritage in Kentucky. From the beginning, the cost and availability of energy and coal have been critical to the competitiveness of the Ashland Works, and that's because steel making is an energy intensive business. In fact, the Ashland Works today uses about a quarter of a million megawatt hours of electricity annually to power the plant's processes and equipment, and that's enough energy to power about 35,000 homes. Additionally, the Ashland Works consumes more than 200,000 tons of Kentucky coal annually in our blast furnace operation. We constantly seek ways to be more energy efficient. In fact, since 1990, the steel industry has reduced the amount of energy required to produce one ton of steel by about 27 percent. We believe that's real progress. We're proud of the more than 900 men and women of the Ashland Works and thousands of retirees before who are making efforts every day to compete in challenging markets. That said, increases and the cost of

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 65 electricity can make the Ashland Works less competitive, and the Ashland Works must continue to have access to readily available high quality competitively priced coal. In its August 2011 final plan for improving regulations, EPA stated that "Executive Order 13563 is an opportunity to take a fresh look at the Agency's approach and determine, quote, 'how EPA can improve collaborations with our partners, such as state, local, and tribal governments,'" end quote. With that in mind, we urge EPA to work with the Kentucky Cabinet to resolve these important issues in a manner which will not only protect the environment, but also promote competitiveness and job creation. Thank you for considering our comments. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker 24. SPEAKER NO. 24: My name is Dan Geiger, G-e-i-g-e-r. I am a registered professional mining engineer, the retired CEO of Lexington Coal Company, and currently a mining consultant. I am concerned that the current final guidance from EPA

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 66 appears to be driven by political issues, but not good public policy. The final guidance lowered the conductivity limit to 300 microsiemens, but curiously limited its application to only West Virginia and eastern Kentucky. Ohio, Pennsylvania, Virginia, and Tennessee were exempted from the new discharge limits. The disturbance of the earth's surface for any purpose exposes soil and rock to leaching, which raises conductivity. All forms of mining in all states, as well as highway construction, farming and other earth disturbing activities result in increased stream conductivity. EPA Administrator Lisa Jackson acknowledged that few, if any, mining valley fills could comply with the new limit. Why were the other Central Appalachian states allowed to continue to discharge with no conductivity limit? The obvious answer is the upcoming presidential election. Kentucky and West Virginia are small states which voted against the President in 2008, and are expected to vote against him again in 2012. Mining jobs in these two states can be sacrificed to win support from environmental groups. Ohio, Pennsylvania,

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 67 Virginia, and Tennessee are much larger swing states, with substantial electoral college votes which are critical to the President's re-election. If conductivity above 300 is unacceptable, why has the standard not been applied in all states for all earth disturbing activities, such as agriculture and highway construction. The answer is that there would be a nationwide shutdown in farming and development of all kinds. What the EPA is doing in Kentucky and West Virginia is not good science. It's political science. Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. Could I ask those people in the back, if you're not getting prepared to speak and having conversations, that you take them outside the hearing area so other people can -- can hear the comments inside. Also, if you did register on-line to speak, I just want to remind you, you do need to get a number, so see the people out at the registration table if you haven't done so. Thank you. Okay. Speaker 25. SPEAKER NO. 25: Good evening. My name is Monty Boyd. I live in Louisville, Kentucky, and

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 68 am the owner of Whayne Supply and Walker Machinery, the Caterpillar mining construction equipment distributors in Kentucky, southern Indiana, West Virginia, and southeastern Ohio. These two companies employee over 2,000 men and women working out of 25 store locations. Over 60 percent of our revenues are generated from the sale of machines, parts, and service to the coal industry. So the coal industry supports all of our employees and their families in four states. Next year, Whayne Supply will celebrate 100 years of service to our customers. At a time when I should be excited about our future, I am full of concern and uncertainty because our future is bleak because of the regulatory ambush on the coal industry by the EPA. (Audience member responds). Changing the permitting requirements in April of 2010 has effectively strangled this industry to a breaking point. Why did you only target six states, then reduce it to just Kentucky and West Virginia? Is this an environmental or a political issue? Why are you guide -- are your guidelines only directed to the coal industry? Why do dissolved solids and conductivity from coal mining affect aquatic systems more than other activities

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 69 that displace or disturb soil? Or is this just the EPA's preview to stop all mining, construction and agriculture, all of which disturb soil and will not meet your conductivity guidelines? Why is the rest of the world growing their coal, generating electricity capacity at record levels while we're shutting down ours at a record rate? Because Kentucky and West Virginia are under attack by the unfair and questionable governance of the EPA, causing massive employee layoffs, mine shutdowns, downsizing, and company closures. I strongly encourage the EPA to withdraw its objections to these 36 permits, all of which are with companies in which we do business, and allow hard-working Americans to regain their lost opportunities and allow a valuable natural resource, which is critical to our nation's energy requirements, important to our world competitiveness, vital to our national security, and is the economic lifeblood of thousands of Kentuckians and West Virginians and 2,000 employees of Whayne Supply and Walker Machinery. Thank you for your attention. (Applause) MS. MacPHERSON: Thank you. Thank you.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 70 Speaker 26. SPEAKER NO. 26: I'm 26. Rick Clewett, C-l-e-w-e-t-t. I'm a volunteer with the Sierra Club. (Audience members respond). MS. MacPHERSON: Now, just one second. Please (Applause) show courtesy to all speakers. Thank you. SPEAKER NO. 26: I've done extensive water testing downstream with surface mines in eastern Kentucky and have seen first-hand the water quality damage that surface mines can do. For over some months ago, I took two stream biologists from the University of Maryland in Baltimore to three streams which will be ruined by four of these 36 permits. I specified the permits and the streams in my written comments. To summarize part of Dr. Chris Swan's lab report, the first part dealt with conductivity, which has been much mentioned here, it was high in all streams. They had been -- there had been surface mining above these streams. Dr. Swan eliminated other sources of conductivity because there was no agricultural activity in the area and there had been no deicing on roads in months. He also tested for heavy metals and he -- they -- he

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 71 and his colleague did studies of the macroinvertebrates, the little critters in the streams, to assess comprehensively the stream health. "The macroinvertebrate communities in all three sites were taxonomically poor and the MB [ph] ice forest calculated per Kentucky protocol placed each site in poor to very poor category," end quote. Because Kentucky DOW had not done its work, it did not know of these conditions, they were prepared to grant mining permits that would have damaged these streams even further. EPA must stand its ground and maintain its objection to these permits. And Kentucky DOW must protect the water of the state. That means that Governor Beshear and those in the Cabinet of Energy and Environment, who give DOW its marching orders and its funding, must do what it takes to require and enable DOW to do what the law requires it to do. Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Speaker 27. SPEAKER NO. 27: My name is Joe Evans. I'm president of Leeco and Blue Diamond Coal Company

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 72 (Applause) representing Leeco and Blue Diamond. We have three permits that are being challenged by the EPA. I want everyone to know that these plants have not been shutdown. They're up for renewal. There have been no new hollow fills, no new streams, instream ponds, and no new discharge points, and yet we find ourself at risk of not being able to get necessary permits to sustain our livelihood. (Audience member responds). Being that these plants are in existence, I have some actual financial data I'd like to share. Leeco and Blue Diamond currently works 600 employees in Perry, Knott, Leslie, and Letcher counties. 2011 annual wages are $33 1/2 million. The severance taxes paid to the state was $11 million. County taxes paid to the counties mentioned above was $800,000. Leeco and Blue Diamond paid American Electric Power $7 million for utilities in 2011. They have since announced that they will convert to natural gas. This is due to other EPA policies that we also disagree with but are not talking about here tonight. What I ask you is: What do I tell these 600 hard-working employees that look to us to help support their families if they lose their job? We

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 73 wish for you to understand that we are the factories of eastern Kentucky. Even though you cannot see us, we play a huge role in the economy. We are the very reason that Ford makes trucks in Louisville, Toyota makes cars in Georgetown, and Chevrolet makes Corvettes in Bowling Green. These carmakers are here because of inexpensive energy. Total money spent at Leeco and Blue Diamond for labor, goods, and services in 2011, mostly to Kentucky vendors, was $152 million. Average mining wages of $60,000 per year. I want you to know the community depends on our well-being. Please understand the direct effect of these policies have on eastern Kentucky is devastating. Economic hardships imposed by over regulations are real and we think unfair and unwarranted. We appreciate your consideration in this matter and we trust our government will treat us as the proud citizens we wish to be. Thank you and God bless America. (Applause) MS. MacPHERSON: Thank you. Speaker 28. SPEAKER NO. 28: My name is Betsy Bennett. I'm from Louisville, Kentucky. And my comments are submitted on behalf of the water committee of

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 74 the Cumberland Chapter of Sierra Club, an organization with some 5,000 members across the Commonwealth of Kentucky. In a year when many of us are celebrating the 40th anniversary of the passage of the Clean Water Act and all the progress that has been achieved under its mandates, it is ironic that we are here tonight defending the actions of the Agency that was specifically created to restore and maintain the chemical, physical, and biological integrity of the nation's waters. We are fortunate that the Environmental Protection Agency has stepped in to protect our water quality and our public health when our own state government has systematically failed in that regard. EPA issued a 2010 surface mining guidance recommending that the state add a chronic conductivity limit in discharge permits, and the state has chosen to ignore that guidance. While Kentucky is a delegated state with the authority to issue its own water discharge permits, EPA retains the power to object to those permits, and it has now done so in the case of 36. Our own Division of Water has failed to conduct a complete analysis of whether the proposed discharges from

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 75 those mining operations have reasonable potential to cause or contribute to a violation of Kentucky's water standards as required by the Clean Water Act. The health of Kentuckians who live near surface mining operations is at significant risk today. We urge the EPA to continue their efforts to protect public health and the environment when the powerful coal lobby and our own political leaders refuse to do so. If the Commonwealth of Kentucky persists in this way, we recommend that the Agency take the next step and withdraw the Commonwealth's delegated authority to implement the state's KPDES program in accordance with federal law. Thank you for the opportunity to comment. (Applause) MS. MacPHERSON: Thank you. Thank you. Thank you. Okay. Speaker 29. SPEAKER NO. 29: My name -- my name is -- (Audience members respond). MS. MacPHERSON: Excuse me. Excuse me. Remember, courtesy to all speakers. We want everyone to have an opportunity to comment. SPEAKER NO. 29: My name is Lane Boldman, B-o-l-d-m-a-n. I represent the mining committee

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 76 for the Cumberland Chapter of the Sierra Club, representing 5,000 members in the Commonwealth of Kentucky. We wish to comment that we support the EPA's concerns with the 36 mining permits presently at issue. We believe the Kentucky Division of Water has not provided sufficient oversight downstream -- of downstream water quality related to surface mining. We are asking the EPA to reaffirm its objections to all 36 permits. The state's inadequate oversight of the coal industry has had a long history with notable events such as the Martin County disaster which polluted hundreds of miles of the Big Sandy River, contaminating water supplies for over 27,000 residents, and more recent years, revelations that mine sites in Knott County had thousands of violations and pollution discharge limits before they were discovered in 2010. The state has been ignoring the concerns of its citizens and the quality of its water for years. And the coal companies clearly have shown that they are unable to regulate this. Our national organization will be sending technical comments and those will be sent

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 77 separately. But I want to say, I personally have explored many waterways within the mining communities of eastern Kentucky and have grave concerns about the water quality throughout the region. I have witnessed cloudy streams, rusty streams, streams that lack any visible signs of aquatic life around mining operations. We have members who live in mining communities and complain of contaminated wells and streams. I have witnessed lakes in the region that are becoming filled with silt coming off of surface mines. Protecting water quality is an issue of tremendous concern to our members in Kentucky. We have many members who regularly participate in monitoring waterways throughout the state, regularly participate in projects to restore lands where mining has occurred with tree plantings. And facts are clear, studies have shown time and again the communities around mountaintop mining sites have significantly higher rates of mortality. The Beshear Administration is well aware of the impacts to the citizens of eastern Kentucky. People from the coalfields have come to his office for sit-ins for over a year, asking the state to step up and protect their communities

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 78 from mining pollution. The EPA must hold the line and affirm its objections to the 36 permits that do not comply with the Clean Water Act. (Audience member responds). Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Speaker number 30. SPEAKER NO. 30: My name is Thomas Pearce, and I'm here representing the Sierra Club, the Beyond Call campaign. I also am a member, a proud member of Kentuckians for the Commonwealth. And I'm also -- want to say that I represent the American Indian Movement, and I'm going to tell you why. The first thing I'd like to reiterate is what another speaker said a little while ago. Everybody's talking about acting like this has just come down. The Clean Water Act just celebrated its 40th anniversary, as we know. I just returned from visiting family in White Earth, Minnesota, where we enjoyed a nice northern fish dinner from our -- what's left of the pristine lakes in Minnesota. And I sat there eating that fish and I -- I started thinking about how long it had been since I had eaten a fish from

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 79 the State of Kentucky, that I could actually eat and not worry about getting poisoned with mercury or selenium, chromium, or arsonic. (Applause). I thought about how -- how lucky they were to be able to harvest wild rice from the rivers. That's just not something we're ever going to be able to do in Kentucky again, unless you continue to reaffirm these decisions. I also want to say that -- that our Appalachian mountains are the oldest mountain range in the world. And the streams and rivers that run through it are very old as well. And to me they're sacred. They're not to -- they're not expendable. I'm sorry that a lot of people think they are. And I'm -- and I have nothing against people who have jobs in coal. My family from Sebree, Kentucky, western Kentucky, there's not much left in Sebree but a big power plant and a graveyard. That's -- that's what's left in my family's home. And I would like a future for my family to -- a family that would live and have family living in -- in Sebree, Kentucky. But wherever coal goes, there's nothing left. (Audience members respond). So please reaffirm your decisions.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 80 (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. At this time, if I could have groups -- numbers 41 to 50, go in the back, please, in the back left area, the man waving his hand, to get ready to speak. Speaker 31. SPEAKER NO. 31: My name is Sam Avery. I'm with Kentuckians for the Commonwealth and 350 Louisville. (Applause). Coal does not create jobs. Investment creates jobs. If the money now invested in coal were invested in renewable energy, we would have the energy and the jobs we need, and we would not have to destroy the land, the air, and the water to get them. (Applause). So why do we invest in coal? To provide jobs? I don't think so. We invest in coal because the return is better. (Audience member responds). We make more money with coal because clean water is free. Clean air is free. Children with asthma are free. Mercury in streams and lakes is free. Blown mountaintops and overcarbonated atmosphere are free. We don't have to pay for these things. We can make more money turning air brown and turning sewers into waterways because it doesn't cost us anything.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 81 Now, I know about energy investment because I am a solar installer. I buy solar panels manufactured here in Kentucky, and I hire people to put them on buildings. (Audience members respond. Applause). I know from experience that if government business and private individuals were to invest in solar and other renewable energy, we can have the energy and the jobs we need without mining, without burning, and without polluting anything. (Audience member responds). This is where we need to invest. We all need jobs, but we don't need jobs that hurt people and destroy the land we stand on. Solar energy is cheaper than coal, a lot cheaper, when investors have to pay for the damage they do. (Audience members respond). Let the EPA do its work, protecting our land and our water. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker 32. SPEAKER NO. 32: I'm Mark Steiner, S-t-e-i-n-e-r, and I represent Kentucky Interfaith Power & Light. And I speak tonight as a friend, a friend of the Commonwealth, a friend of her

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 82 precious natural resources, a friend of her citizens, including those yet to be born, and as a friend of her waterways on which my life and all life within her bountiful borders is dependent. As I understand it, it is amongst our highest callings to protect earth resources, to protect God's creation for future generations. This particularly includes the soil, air, and water. Water that when it is present, plentiful and pure is life-giving. What does it say about us and our future when it is no longer safe for our children to drink from our wells? What does it say about us and our future when our streams are literally vanishing? What does it say about us and our future when we are asked to choose between jobs and clean water? A choice, I believe, is false. Clearly, something has gone terribly awry. We have failed each other and we have failed generations of children to come. There is no short-term economic gains that justify the desecration of earth's life-giving natural resources. We do not have the right to take away the health and vitality of future generations. Simply put, you cannot have healthy humans in an unhealthy ecosystem. And every child

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 83 deserves a chance for a healthy future. I am deeply concerned that those responsible for protecting the natural resources of our beloved Commonwealth have failed us. Now, more than ever, our children, grandchildren, and children yet to come along, along with the waterways of Kentucky, needs friends. I am proud to be one of those friends and to speak out in support of the EPA's (Audience member responds) efforts to enforce clean water standards. (Audience members respond). Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. Thank you. Okay. Speaker 33. SPEAKER NO. 33: I am Joan Lindop, L-i-n-d-o-p. I'm speaking for the mothers and grandmothers who want clean water for their families. Kentucky already has thousands of miles of polluted streams and this is degrading the health of thousands of our Kentucky citizens every day. The coal companies know how to write permits that meet EPA guidelines. They are choosing not to do that. Mining destruction is forever. I have seen reclaimed sites, and they are grasslands. Maybe elk like it, but it isn't the

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 84 div -- biodiverse forest that Kentuckians have loved and respected. A quarterly profit isn't worth losing what the coal companies call overburden. Support the EPA. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Speaker 34. SPEAKER NO. 34: I'm Wallace McMullen, W-a-l-l-a-c-e, McMullen, M-c-M-u-l-l-e-n. And I'm the Energy Chair of the Cumberland Chapter of the Sierra Club. Coal mining pollution poses serious problems to our mountain headwater streams. Your objection letters blocking 36 permits are protecting Kentucky communities and their sources of water from the destructive mining practices that include filling those streams with mining waste to get at coal. Kentucky's agencies are not fulfilling their obligations under the Clean Water Act to safeguard our mountain streams and communities from destructive surface mining practices and the devastating impacts as wanton practices can have. (Audience members respond). Kentucky's regulatory agencies are regularly ignoring strong scientific data showing that pollution from surface coal mining operations harm

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 85 downstream water quality. The State of Kentucky will be reviewing their coal general permits -- MS. MacPHERSON: Excuse me. Sorry. Could you just stop one -- could I -- people, please, if you're going to have conversations, please take them outside of the hearing area. (Audience member responds). So just -- (Audience members respond). Okay. I appreciate everyone's courtesy to the other speakers. Okay. Go ahead. I'm sorry. SPEAKER NO. 34: The State of Kentucky will be reviewing their coal general permit in 2014. And the EPA's ruling in this case will have direct implications for improving the general permit. EPA must hold firm. This is not an issue with a middle ground. Federal law requires the State of Kentucky to adhere to the water quality standards developed in accordance with the Clean Water Act and requires it to utilize those standards effectively to protect the state's waterways. EPA must ensure the state has, in fact, maintained sufficient water quality standards, to actually protect Kentucky's waterways as is required by federal law, for the state to legally implement the NPDES permit program and the 401 water quality

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 86 certification program. The EPA must ensure that the Division of Waters is actually -- actually implementing the necessary limits for metals, salinity, and other critical water standards. The science supports taking a strong stand, and I'll give you a written statement with -- documenting that. In conclusion, I support the EPA's authority to enforce the Clean Water Act and the provisions of the Act to protect water quality, the environment, and human health. I urge you to defend our waters by reaffirming your objections on all of the 36 discharge permits in question despite the industry and political pressures. Thank you. (Audience members respond). (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Speaker 35. SPEAKER NO. 35: My name is Don Gibson, and I'm representing Arch Coal subsidiary (Applause) ICG Hazard. I'm here to speak on permit number 8970448, which is one of the -- the permits on the list of 36, which is being unduly withheld. The application for this permit was submitted in August of 2009 as a new and expanded discharge and

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 87 later combined to incorporate a renewal of the original permit, which was issued in May of 2007. On October of 2010, the EPA filed specific objection to the permit, noting a lack of adequate RPA and lack of appro -- appropriate effluent limitations. In 2010, December of 2010, all required information was submitted, and we received notification that, from Division of Water, that that information had been accepted. To date, no action has been taken. Now, it's almost three years later and we're still waiting. What makes this a little strange, is this is not a major mountaintop removal permit, this is an amendment to add 37 acres in the -- in the Middle Fork watershed. The Middle Fork watershed has no municipal sewers whatsoever. There is mass raw sewage emptying into the Middle Fork, and you're concerned about 37 acres and two bench ponds. This is not without science. We have done a cumulative impact assessment that cost nearly $1 million and the property belongs to us. This issuance of the permit is important, but it's secondary to what's happening in this industry with this Administration. It's obvious

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 88 that the current Administration is waging war and is allowing the EPA free rein to govern our people in our industry through policy and not through laws enacted by Congress. The things that made this country great have all been taken away. We can no longer mine, we can no longer farm, we can no longer build. This is unconstitutional, and we're here today to lift our voices. I know the time's up. Give me just a second. (Audience member responds). As Arch Coal, we are more than 800 strong here tonight. You have seen a mass exodus here (Applause) because we've got people riding buses for three hours to get back home so they can work tomorrow. This is symbolic of what's going to happen to eastern Kentucky (Audience member responds) when coal dies and we're gone. I just want to say (Audience members respond). MS. MacPHERSON: Thank you. Thank you very much. SPEAKER NO. 35: Okay. MS. MacPHERSON: And please submit (Applause) if you do not have a chance to finish your statements, please submit them at the registration table and they will be made part of the

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 89 administrative record. Thank you. Speaker number 36. SPEAKER NO. 36: Thank you. My name is Chad Harpole, H-a-r-p-o-l-e, and I'm Director of Public Affairs for the Kentucky Chamber of Commerce. Kentucky Chamber of Commerce is the state's largest business trade association representing over 2,700 members across the state, and our members employ over half of Kentucky's workforce, many of which were here and are here today. We are greatly concerned that the EPA's actions regarding Clean Water Act permits for new and expanded mining activities in Kentucky have a negative effect on Kentucky's business climate and jeopardize our economic future. We are concerned over EPA's new water quality requirements on coal mining activities, through the issuance of guidance documents, rather than a notice and comment rulemaking, which is mandated under federal law. As a result of EPA's failure to follow appropriate legal procedures, the Agency has been forced to make significant revisions to its guidance documents and has acquired additional information. Meanwhile, Kentucky's coal mining industry

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 90 has been thrown into turmoil by EPA's objection to KPDES permits issued by the Kentucky Division of Water, containing the same provisions that have been previously approved by EPA. EPA's administrative oversight on the issue poses serious threat to our economy. The effect of EPA's permit objections in September of 2011 alone could eliminate 3,800 coal jobs and eliminate more than $123 million in potential coal severance dollars paid to our state. EPA's earlier permit objections prior to September of 2011 should be expected to have a similar impact. Although the direct effects of EPA's anti-coal policies on Kentucky's economy are staggering, perhaps the greatest threat is posed by the increase in energy costs that will inevitably follow curtailment of additional coal production in the state. We strongly urge EPA to withdraw its pending objections to the permits and work in a cooperative manner with the Kentucky Division of Water to develop regulatory requirements that allow the mining of coal to continue in Kentucky. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 91 37. SPEAKER NO. 37: Thank you. My name is David Gooch, G-o-o-c-h. I am the president of Coal Operators and Associates of Pike County, Kentucky, the number one coal-producing county in the state. (Applause). We're here tonight to speak on behalf of the majority of those operators that are affected by EPA's decision to persecute and crucify the coal miners and the citizens and the economy of eastern Kentucky. EPA has chosen to regulate by policy, in violation of the Administrative Procedures Act. You have regulated by guideline instead of by regulations that are adopted in accordance with public comment and judicial review. EPA has made decisions by delaying. EPA, again, in bad faith, waited 18 months to grant the hearings requested by the Kentucky Division -- Department of Environmental Protection. This extraordinarily long delay amounts to a death by crucifixion for many of the operations impacted by the Agency's decision to not make a decision. EPA has negotiated a bad faith with the Commonwealth. Kentucky's DEP negotiated with the EPA in Region 4 regarding

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 92 permit issuances. Again, EPA Washington negotiated in bad faith. The Agency led Kentucky to believe that an agreement was at hand, only to kill the discussions at the last minute. You won't hear, in fact, you've only heard from two operators here tonight that are impacted by these permit decisions that you are making. The reason is, is the EPA and other federal agencies have taught us a word that we very well understand in eastern Kentucky. It's called retribution, those who have used their constitutional right and stand up and speak out against the federal government. Why end up with the jackboot [ph] of the federal government on your neck? EPA has chose Kentucky operators as examples. I guess maybe it's the way we all voted at the last presidential election. And I'll guarantee you one thing, there will be more votes like it come November. (Applause). I will say one thing, Mr. Giattina, and Mr. Thomas, nobody's angry with you all. It's your boss. That's who needs to go. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. At this time, could the next set of

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 93 speakers, 81 to 100; is that right, Christie? 81 to 100, please go to the back, my left, and get prepared. So number 38; right? SPEAKER NO. 38: Thank you. MS. MacPHERSON: Yeah. I just want to make sure I keep it in order. SPEAKER NO. 38: Thank you very much. My name is Andy Barr. I'm the Republican nominee for Congress (Applause) in Kentucky's 6th Congressional District. (Applause). I'm also an attorney with a law firm that represents coal operators and also the hundreds of employees of those coal companies that they employ. And I'm also a part-time instructor of administrative law. As an instructor of administrative law at Morehead State University, I'm concerned about the EPA's noncompliance with the Administrative Procedures Act. As an attorney, obviously, I'm concerned about my clients and the hundreds of miners that they employ. And as a citizen and as a candidate for U.S. Congress, I'm especially concerned about these human beings whose lives and their futures and their livelihoods that are being jeopardized by the actions of the EPA. So, tonight, I rise to

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 94 express my serious concerns about the EPA's objections to new and expanding mining activities in Kentucky. The comments that we have heard here tonight about these mining permits provide the best proof yet that the Obama Administration is, indeed, waging a war on Kentucky's working families. They know, the Obama Administration knows, or at least they ought to know, that coal puts food on the lay -- on the tables of many in this state. They know, or at least they ought to know, that coal employs over 23,000 people in this state and provides three additional jobs for every miner employed. They know, or at least they ought to know, that coal provides low cost electricity for manufacturers like Toyota, which provides nearly 7,000 jobs right next door in Scott County. So, at this time, in our nation's history, in the 40th consecutive month of unemployment higher than 8 percent with one in two recent college graduates either unemployed or underemployed, when we face a jobs crisis worse than anything we've seen since the Great Depression, it is absolutely unconscionable that this administration would be actively working to kill jobs and deny the

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 95 American people access to affordable and reliable energy. And, regrettably, the EPA and this Administration are not the only problem. Kentuckians expect their elected representatives to fight every single day to stop this administration's war on coal. And most troubling of all, in these difficult times this EPA and this President, to enable them, are treating these people as if they are the problem, when they are the solution. Thank you very much. (Applause) MS. MacPHERSON: Okay. Thank you. Thank you. Okay. Next speaker, number 39. SPEAKER NO. 39: My name is Nina McCoy, and I'm from Inez, Kentucky. I am here not to represent any group. If I had about two hours, I could spend a lot of time explaining our struggles with the previous EPA, who said that 300 million gallons of toxic coal sludge was fine for us to drink. But since I have two minutes, I've decided to give it to God. And a lot of people hate it when I do that, even on my side, because those people think that this book (indicating) has been used to keep people down. But this book

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 96 (indicating) instead has so many examples. Every one of these is an example, a warning of what happens when the powerful and the rich try to keep people down. So I'm here -- I have no quarrel with any working man or any working woman. I am here to fight the rich and powerful. First, to the coal companies. This is from Ezekiel 17:18 [sic], "Is it not enough for you to feed on the good pasture, but you must tread down with your feet the rest of the pasture? When you drink of the clear water, must you foul the rest with your feet? And must my sheep eat what you have trodden with your feet, and drink what you have fouled with your feet?" And now for their bully friends of coal. "Because you pushed with flank and shoulder, and butted at all the weak animals with your horns until you scattered them far and wide," our eastern Kentucky people are gone. "I will save my flock, and it will no longer be ravaged, and I will judge between the sheep and the sheep." And now for our elected officials. In Micah, "The official and the judge ask for a bribe; and the powerful dictate what they desire. Thus they pervert justice."

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 97 For our governor who has invited you here to make you stop regulating our water, "My brothers and sisters, do you act with acts of favoritism, really believe in our glorious Lord Jesus Christ, and if a person with gold rings and fine clothes comes into your assembly, and a poor person in dirty clothes comes in," if you invite Don Blankenship to your -- to your -- MS. MacPHERSON: Thank you. Yeah, I'm sorry. Again, if you've got additional comments, we'd love to get them in writing out front. (Applause). Thank you. As you can see, we still have quite a few people who want to speak and we want to make sure they get that opportunity. So speaker number 40. SPEAKER NO. 40: My name is Jim Dugan, D-u-g-a-n. I'm a private citizen here to represent the people on fixed income. EPA is placing a heavy burden on people on a fixed income. We've been loaded down with costly regulations. This is death by a thousand cuts. We're looking at a huge increase in the cost of electricity due to shutting down of coal-fired plants. PMJ Interconnect, which controls the grid for 13 of our states, the recent auction came in

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 98 at eight times our current rate. How are we going to pay for that? Mr. Karl Spalding, your regional representative for the EPA, whom I call the environmentalist punishing America, stated that your actions will destroy communities that depend on coal. This is one of your -- one of your people. Do you know how many communities will be destroyed? Do you know how many states will have their economies destroyed? How many of us -- many of us wrote to you when you supposedly had listening sessions on costly and overly burdensome regulations. Did you pay any attention? Did you make any changes? Is this just a forest here? This country was founded on a separation of powers because our forefathers experienced the tyranny of centralized power. Somehow you ended up having the power to make regulations, to enforce the regulations, and to judge who's not in -- not compliance with your regulations. King George would be proud. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker 41. PUBLIC SPEAKER: My name is Matt Wasson with

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 99 Appalachian Voices. We represent several thousand members across the Appalachian region. I'm going to speak about a, first, about a lawsuit that my organization and several others in the group were engaged in to illustrate a little why the EPA oversight is so desperately needed in Kentucky. Without going into details, because decisions are still pending, here's how the Lexington Herald-Leader described the controversy. "The environmental groups uncovered a massive failure by the industry to file accurate water discharge monitoring reports. Also revealed was the Cabinet's failure to oversee a credible water monitoring program by the coal industry. So complete was the lack of state oversight, it's impossible to say whether the mines were violating their water pollution permits or not. This abject failure of state agencies to oversee the water quality monitoring program in the State of Kentucky is precisely why what the EPA is doing and must continue to do is so important." I also want to speak about some of the job's numbers we've -- or some of the -- talk about jobs that we've heard, because, you know, to -- to -- to hear what we've heard tonight, you'd think that

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 100 jobs are actually being lost in the Appalachian coal industry. Actually, since the second -- second -- since June of 2009 when the enhanced coordination procedures were announced, the number of jobs in Appalachian mines are up by 6 percent. 2011 saw the highest employment in the coal mining industry in 14 years. And that's not to paint too rosy a picture, because, yeah, just this last year, coal's gone -- basically gone from half of our electricity supply to a third. And that's due to competition from natural gas. But EPA's job is not to worry about those jobs and by rubber-stamping these permits, you will not create a single new job because you cannot rubber-stamp new buyers for coal for which there is no demand. So please do your job. Find the intestinal fortitude to not be intimidated and to do what you know is right, which is follow the science and follow the law. (Applause) MS. MacPHERSON: Okay. Thank you. Thank you. Okay. Speaker number 42. Oh-oh. Could -- John -- SPEAKER NO. 42: Okay. MS. MacPHERSON: Does it work?

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 101 SPEAKER NO. 42: There. My name is Steve Gardner. I'm a licensed professional engineer with bachelors and masters degrees in engineering. As a professional engineer, my first obligation is to public health, safety, and welfare. I've worked in and around the Appalachian mining industry as an engineer and scientist for almost 40 years. I feel I've accomplished some good. I'm also a concerned citizen and a native of Appalachia, having grown -- grown up on a tobacco farm. I've observed one thing in my career. Farmers and miners are fiercely proud of what they do and have a deep love of the land. They feel what they do is essential to society and can -- and it can be done in a responsible manner. Mining and farming are the basis of our society and provide the standard of living that we all enjoy. I saw the passage of the Surface Mining Control and Reclamation Act of 1977, or SMCRA, as many know it, and I've worked through the implementation and industry transitions that ensued. One point that I don't believe everyone remembers is that SMCRA was intended to include the provisions of the Clean Water Act and provide

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 102 a -- an efficient permitting process for government, industry, and the public. Many in the mining industry felt that SMCRA would be the end of surface mining in Appalachia. It did have a tremendous impact. Mountaintop removal mining was specifically provided for in the law, and strongly encouraged by government research and development. Since this controversy has evolved, EPA has redefined all surface mining in Appalachia to be mountaintop mining. An important point is that EPA's current implementation and reinterpretation of laws will also impact the ability to conduct underground mining. We must question not only the fairness of these policies which are being applied narrowly to certain Appalachian regions, but also their legality. While Appalachian coal production is in decline, we see an increase in mining in Illinois and other regions, further exacerbating the economic disparities. Now, Jim, still, take this with constructive criticism, but engineers and scientists who work in the industry agree that EPA objections to permits show a fundamental lack of understanding

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 103 of basic engineering and science and are based on incomplete science at best. University scientists who actually know something about mining at UK, Virginia Tech, and West Virginia, are rapidly showing the studies that EPA has based their decision on, to be flawed at best. MS. MacPHERSON: Thank you. SPEAKER NO. 42: Thank you. MS. MacPHERSON: Thank you. (Applause). Okay. Speaker number 43. SPEAKER NO. 43: Ruth Bamberger, B-a-m-b-e-r-g-e-r. I'm a citizen of Kenton County, Kentucky. I support the EPA's denial of these permits until such time that the coal company's state and federal regulators can work out an agreement compliant with the Clean Water Act. As EPA Director Lisa Jackson stated when the comprehensive guidance to protect Appalachian communities from harmful impacts of mountaintop mining was issued in April 2010, quote, "We will continue to work with all stakeholders in finding a way forward to follow science and the law." And science attempts to embody the laws of nature. My friend's car bumper sticker says, "Mother nature always bats last."

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 104 The policy forum on mountaintop mining consequences in the January 8th, 2010 issue of Science concludes, in part, that aerial of headwater streams by valley fills causes permanent loss of ecosystems necessary for nutrient cycling. Below valley -- below valley fills, streams have increases of pH, electrical conductivity, and dissolved solids because of elevated concentrations of sulfates, calcium, magnesium, and coal-generated sulfuric acid. Conductivity and elevated amounts of sulfates disrupt aquatic biota, increase nitrogen and phosphorus levels, and levels of metals, such as iron, aluminum, and selenium. The laws of nature require compliance from all of us, coal companies, consumers, politicians, state and federal regulators entrusted to oversee the welfare of the community. Coal mining is complicated in Kentucky because of the tensions with job opportunities, making a profit, maintaining a quality environment. How to work out a balance fair to all necessitates working together. My plea is, stop being adversaries and let's work together. Thank you.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 105 MS. MacPHERSON: Thank you. (Applause). Okay. Speaker 44. SPEAKER NO. 44: Hello. And thank you for allowing me to speak tonight. My name is John Jones. I'm vice president of -- MS. MacPHERSON: Could you -- could you move the mic up a little. There you go. SPEAKER NO. 44: I'm vice president of Environmental and Regulatory Affairs for Alpha Natural Resources. I will be submitting technical comments, just want to make a few general comments here tonight. First of all, I'd like to say Alpha is the third largest producer of coal in the country. 2011 we produced a little over 100 million tons. We're currently the largest -- or second largest producer in the State of Kentucky. We -- in 2011, our Kentucky subsidiaries produced 11 million tons of coal here in Kentucky and employed over 2,000 people. We had a Kentucky payroll of $207 million. And our miners are generally paid higher wages than -- than other workers in the state. We were responsible for approximately five -- 5,900 indirect jobs. We spent $22 million on supplies from 186 different suppliers. We paid 30.5 million in state and

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 106 local taxes, and made a capital investment of 69.4 million here in Kentucky. We also provided nearly a half a million dollars to support community activities. I'd just like to say, in my 30 years of working in the coal industry, never seen such an attack on our business from DC bureaucrats or such disregard for stated rights. EPA and other federal agencies have devised and carried out a very vigorous campaign to stop coal mining, especially here in the central Appalachian coalfields. A recent decision in the NMA vs. Jackson case determined that the EPA acted illegally in its efforts to stop the 404 permitting process for coal mines in Appalachia. And we anxiously await the second half of that case, which challenges the legality of the April 20th interim guidance, which all of these permit objections are based upon. We have seven of those permits that belong to our subsidiaries. And we strongly feel that EPA should stop crucifying the Kentucky coal industry and it's highly respected regulatory agencies. We think that EPA should withdraw these unreasonable, nonspecific, painful, every-step-of-the-way

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 107 objections. Thank you. MS. MacPHERSON: Thank you. (Applause). Okay. Speaker number 45. SPEAKER NO. 45: My name is Haven King, H-a-v-e-n K-i-n-g. I'm the County Clerk of Perry County, in Hazard, Kentucky. I'm also the president of Coal Mining our Future. Now, I want to give you some -- some facts, okay. I don't think that the EPA is -- is like the guy in Texas when he wants to go out and his -- his -- he wants to go out and crucify people and like the Romans. I don't think you all are that way. I don't think you -- I don't think you want to do that. But it's like Secretary Peters said when he first started here, his comments were that you all sit down in a room, you had a conversation with the Secretary -- the Energy Secretary of Kentucky and the EPA, thought you had an agreement whenever you left that meeting, but whenever, after you left, then you changed -- you're changing in the midstream. So that's what's happening. First thing you did, you did cap and trade. When cap and trade didn't work, we stopped cap and trade. When cap and trade didn't work, then you went to conductivity. Conductivity, you want the

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 108 conductivity to be 300 coming off of a permit, a surface permit. Now, the conductivity at my house, where I live in east Kentucky, is 725. That's city water. Now, after that, you go from conductivity -- are we losing jobs? I don't know where you're getting the information. We've lost hundreds of jobs in Perry County, Hazard, Kentucky. We've had major, major layoffs. We've had -- we've had over 1,000 people laid off in two counties. That's 1,000 coal miners that make 65 to 70,000 a -- a year. In two companies, the impact has been with the layoff is 1.8 million a month. Another company, the impact in these counties is 1.8. That's $3.6 million took out of our -- it's took out, it's took out of our -- with our tax structure and all these things. But we ask you, you know, you're going to be the reason that people are going to die. We're going to have people, like he said, on fixed income, they cannot pay these power bills, and you'll be the reason for that. So consider that. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Speaker number 46.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 109 SPEAKER NO. 46: Yes. My name is Brian Patton, B-r-i-a-n P-a-t-t-o-n. I'm the president of James River Coal Service company, and I'm here tonight, and I appreciate Chris and Jim coming to talk to us. We've had meetings in the past and worked together very much so in the past. We have three of the permits that are in question at this point. I want to talk about those three, as well as three permits that are not in question that we have removed. Draft KPDES permit number KY0091910 would authorize the discharge of treated wastewater consisting of precipitation runoff from SMCRA permit 8970287, amendment 7. The amendment would add approximately 128 acres of mining activity to the presently authorized 327 acres. The proposed mining activity would include no new hollow fills, no instream ponds. Wastewater from the proposed new mining activity would be discharged to the waters of the Commonwealth categorized as high quality waters and would not involve discharging impaired waters. Draft KPDES permit number KY 0106682 would authorize the discharge of treated wastewater consisting of precipitation runoff from permit

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 110 number 8975061, Amendment 4. The amendment would add approximately 92 acres of mining activity to the presently authorized 312 acres. And, again, there will be no new hollow fills, no instream ponds. MS. MacPHERSON: Hold on. Sorry. I -- I don't want the time to be going when you're describing the permit. SPEAKER NO. 46: Okay. MS. MacPHERSON: So if you could just pause it. Yeah. And did you get all that down? I have no idea how this woman is getting all this information down. SPEAKER NO. 46: I'm going to talk fast. MS. MacPHERSON: You are a fast talker. Are those the three permits? SPEAKER NO. 46: I have one more. MS. MacPHERSON: Okay. Keep going, and then we'll start the clock up again. Don't start it yet. SPEAKER NO. 46: Draft KPDES permit number KY0091847 would authorize the discharge of treated wastewater consisting of precipitation runoff from SMCRA permit number 8978039 is modified. The permit area presently includes the coal processing

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 111 and loading facility, as well as mining activities authorized on a total of 367 acres. Again, there'd be no additional acres to which the presently authorized mining operations, and would include no new hollow fills and no new instream ponds. Out of those three permits -- and if you want to go ahead and start the clock. MS. MacPHERSON: No, I'll give you a couple minutes on the clock because it was going during the first bit. SPEAKER NO. 46: And as stated earlier, out of these three permits, there is no impacts, no new hollow fills, no new ponds. We have waited now for over two years for these permits to be issued. We also have three other permits. Laurel Mountain Resources has withdrawn its applications, KPDES permits number -- and I will -- KY0108715, KY0109100, KY0108294. Accordingly, the EPA hearing's objections to these draft permits are moot. The company has revised its proposed plans for each of these activities that would have been addressed under the April mentioned draft permits. The Kentucky Division of Water has authorized the discharge of wastewater from each of the revised

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 112 permits under the general permits, KPDES general permit, for the mining activities that became active in August the First. What I want to say here is we have three permits that could be, three permits that are no more. The three permits that are no more have a combined total loss to the community of $8.7 million in coal severance tax money; $17.45 million in royalties to private, private owners; $3.13 million in lost wages to the community, for a total of over $30 million lost to the community in the three permits that we are not going forward with because of the delay in getting permits. The three permits that are still sustaining here right now, there's over $100 million of investment that's laying on the table right now waiting for these permits to go forward. I'll ask you tonight, because my coal miners, my 2,000 coal miners who had to go back to work (Audience member responds) are not here. Look at these people that are here tonight. These are not the people of eastern Kentucky. These are not the people that represent us. They do not have a solution for our jobs and they will not be here to help us. Thank you, Jim.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 113 (Applause) MS. MacPHERSON: Thank you. Okay. Speaker number 47. SPEAKER NO. 47: Tim Joice, J-o-i-c-e, and I am the water policy director for Kentucky Waterways Alliance, or KWA. KWA advocates for clean water on behalf of all 700 of our members and all the citizens of the Commonwealth. We advocate for changes to laws to provide further protection to our waterways, but we also advocate for the enforcement of existing state and federal laws intended to protect our waterways. After all, we are a country with laws enacted over time in order to protect our freedoms and protect the public goods and health of our nation. I'm here tonight to express support of EPA's objections. EPA is fully within its authority granted by the Clean Water Act, a 40-year-old federal law intended to clean up our nation's waterways and protect them from any further pollution, and, thereby, protect us all. KWA believes the problems related to these and hundreds of other coal general permits are numerous. Waterways continue to degrade in the areas of eastern Kentucky that have -- that have

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 114 been or continue to be heavily surface mined. This fact is depicted in the state 305(b) reports and the 303(d) list of impaired waters from recent years. Clearly, past measures have not provided adequate protections to meet the state's own water quality standards. The newer permits proposed by the state are stricter, but still are not easily enforceable for meeting the state's laws. Under the Clean Water Act, discharges by all industries are not allowed to harm the uses of our waters, which include fishing, drinking, or recreation. The reality, though, is that, for quite sometime, coal mining discharges have violated this provision, and the mining industry must be held to the same standards as every other discharging industry in this nation. The results of this process could also have significant implications for the new coal general permit in 2014, and the subsequent future of waterways in this state and the health of our citizens. Coal mining issues are often controversial and divisive, as evidenced here tonight. But there should be no division on this issue amongst us all here tonight. We are all Kentuckians. We

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 115 are all humans and we all need clean water. That goes for businesses, industries, and citizens. It is not clean water or jobs, it is both. More importantly, we have laws to protect the people and resources of our state and country. Thank you. MS. MacPHERSON: Thank you. SPEAKER NO. 47: Please, EPA, stand firm.

(Applause) MS. MacPHERSON: Thank you. Okay. Speaker number 48. SPEAKER NO. 48: Thank you. My name is Rick Honaker, H-o-n-a-k-e-r. I'm chair of the mining engineering program at University of Kentucky. The mining engineering program focuses on mining research and the education of future mining engineers, with the capabilities of addressing the mining -- the many change -- challenges that face the industry today including the need to minimize the environmental impact of mining. A fact that is not commonly recognized by the general public is that mining is a necessity of life. Most everything we use comes from mining. It is one of the only two basic resource industries. The other industry is agriculture,

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 116 which has also been impacted by recent -- in the recent years by new EPA regulations. Both mining and agriculture are obviously extremely important to the health and well-being of every Kentuckian and U.S. citizen. I also completely agree that clean water and air is a natural born right. Given that we require all the above, EPA should be working with the mining industry to establish attainable environmental standards over a reasonable time period. I am confident that given a grace period to adapt to new and reasonable standards, the mining industry and academia could make great strides to the -- in the development or modification of mining practices to meet the targeted environmental requirements. However, the recently established environmental standards applied to mining, specifically in operations in Central Appalachia, with no grace period, show a lack of desire to work with industry to achieve the desired goals. If EPA continues with its current practice, unemployment in the area where poverty is already high will surely increase, energy costs will elevate, and families will have difficult times

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 117 securing the necessities needed to ensure a long and healthful -- healthy life. I know these difficulties quite well as a result of my childhood experiences growing up in the Central Appalachia coalfields. I encourage the EPA to use sound scientific facts and engineering when considering the coal permits under question and strongly consider the negative ramifications of reduced employment in areas already economically depressed. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Number 49. SPEAKER NO. 81: 81. MS. MacPHERSON: You're 84? SPEAKER NO. 81: 81. MS. MacPHERSON: Oh, 81. See, just testing you guys. 81. SPEAKER NO. 81: All right. Thank you. Thank you. My name is Rusty Cress, and I'm speaking today on behalf of the Kentucky Association of Manufacturers. KAM is a statewide trade association representing over 2,000 manufacturing facilities and over 224,000 manufacturing jobs in Kentucky. Kentucky's

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 118 manufacturers are heavily dependent upon low cost energy that is available, largely because of the state's abundant coal resources. Low cost energy has been a primary factor in the decision of many of Kentucky's largest employers that locate their facilities in Kentucky, and has allowed Kentucky to succeed in competing for new and expanded businesses. Unfortunately, EPA's objections to KPDES permits for new and expanded surface coal mining activities threatens to disrupt Kentucky's favorable energy supply status. KAM is greatly concerned that EPA's actions will result in a loss of manufacturing capacity in Kentucky and consequent loss of jobs at this critical moment. EPA's implementation of its new requirements for Clean Water Act permits for eastern Kentucky surface mines is wholly inappropriate. The requirements were imposed without any prior notice to industry or to the state permit issuing authority and were effective immediately. Procedures that had been approved by EPA and used for decades in the issuance of Clean Water Act permits were not used, resulting in chaos. The impact of EPA's inappropriate actions

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 119 will be felt dramatically by Kentucky's manufacturing community, which recognizes that coal is a low -- is low cost energy source that will be in demand for years to come. We should be exploring ways to better utilize this energy source, rather than hindering its use. Kentucky's manufacturers, their employees, their families, and Kentucky's economy will suff -- will suffer if EPA's objections stand. Thank you very much. (Applause) MS. MacPHERSON: Thank you. Thank you. So I hope you're number 82. SPEAKER NO. 82: 82, yes. MS. MacPHERSON: Okay. SPEAKER NO. 82: My name is Jimmy Hall, and I'm from Letcher County, Kentucky, Millcreek. The reason I'm here is because I've been dealing with the mines and permits for the last eight years, nine years, over some issues. I had drums of oil, 250-gallon, five-gallon drums of oil up on top of the hill with orange sludge coming out of it. They told me that there was nothing wrong with it. It was surface water, okay. I want to commend the EPA, the gentleman that come out and tested my water here recently. About three weeks ago he

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 120 give me a call, me and my neighbor, Chris Yonts, and told us, "Don't drink the water because it has arsonic and lead in it." Okay. He's got two small children. I'm a grandfather, I'm a great grandfather, and I sure don't want my kids drinking that stuff. If the mines -- I'm not against mining, but if they would do the job and do it the way it's supposed to be done, follow the regulations that I have to follow when I go do something, everything would be good. So anybody's talking about getting rid of the EPA, I think they're a fool. Because right now, I spent eight years of my life and a whole bunch of money to reclaim my family homestead, and it will be the day I die, I'll fight for it. It's not right. These kids are the ones that are suffering. If they would follow the rules, everything would be good. Nobody would be complaining about it. We could all dig our coal. But that strip mining, I've been stripped, I've been gutted, and I've been flat [ph]. And now I got to drink arsonic water. And I thank you for your time. And I think the EPA should stay right where they're at. And I think they should start

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 121 investigating some of these -- Nationwide permit 21, Millcreek, Shelby Fork, they filed for it. They rubber-stamped it, came back, they never -- they never got a Nationwide permit 21 for that area. I need help. Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Speaker number 83. PUBLIC SPEAKER: I'm speaker number 83. My name is Hank Graddy, G-r-a-d-d-y. I'm an attorney and I'm speaking as a concerned citizen of the Commonwealth of Kentucky. I applaud EPA for the decision to object to the permits you objected to in 2010 and 2011. I applaud you for holding tonight's public hearing. I ask EPA to reaffirm its objections to all of these 36 permits. I'm a member of the Sierra Club and I've been a member of the Sierra Club for 37 years, and I've held a number of offices in the Sierra Club relating to water protection and also relating to coal mining. I'm also one of the founding members of Watershed Watch in Kentucky and the Kentucky River Watershed Watch. I've been trained to use my own conductivity meter and to include that in our water quality assessments. I've attached some

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 122 of our results to my written comments. But I'm speaking as an individual and not on behalf of an organization. One of the things that I have -- I base my comments tonight on your objection letters, the ones that I read, and one of the things that has amazed me tonight, and with all of the asteria and all of the exaggeration and all of the world coming to an end, all of the hyperbole that we have heard, almost no one has actually mentioned what is in your letter of objection. Your letter of objection notes that the Division of Water is required to do a reasonable potential analysis, and you asked them to do that and they refused to provide you with the data that was necessary to do a reasonable potential analysis. They said they weren't going to provide it to you. You then singled out states that had, apparently, a record, a long pattern of noncompliance, four states that deserve special attention because of a history of failure to properly implement the law. That is why we're here, because the Division of Water, my friends right in front of me, have failed to do what they need to do in response to EPA guidance. You

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 123 issued the guidance in this case just like you've done for 40 years. You issued guidance. And then the states implement regulations to implement that guidance. There's no different here. This is the same process we've been going on for 40 years. And, now, we're having an asteria evening. MS. MacPHERSON: Thank you. Thank you for your comments. (Applause). And, again, if you've got written comments, please submit them. (Applause). Thank you. Okay. Speaker 84. SPEAKER NO. 84: Hello. My name is Shannon Buzard, a Kentucky -- a citizen from Lexington, Kentucky, family of four. First, I'd like to start with the Ninth and Tenth Amendment that is a right to all of us. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Amendment 10, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." What has brought me to this issue, place, and time, it was my simple request for knowledge and understanding regarding cap and trade that evolved

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 124 from fear-mongering advocates of global warming. However, acceptance of it clearly became an impossibility due to its impact and effects of every single aspect of my life, my faith, my family, and lives of my community. Knowledge of this issue was acquired through hours of on-line research, social networks, my right of political participation, attending committee meetings, petitioning for the Tenth Amendment, interactions with representatives, and endurance of the -- of most meetings of the Kentucky Climate Action Panel responsible for completing a climate action policy suggestion manual, which, in my view, is technically obsolete due to being unable to adjust its findings with current and constant changing of climate behaviors, innovation, and advancement of technology, shifts of the economies and laws. The KCAP started as a $200,000 taxpayer environmental project approved by the governor support, to support his 7 point energy and 40 percent emissions reduction plan. This plan was initiated by the IPCC established by the United Nations environment program, and the World Meteorological Organization, which spawn from the latest and greatest sustainability movement known

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 125 as UN Agenda 21, kin to the Kyoto Protocol. Please research this all on-line, and you can also get the Kentucky Climate Action Panel, the complete policy manual is on-line also. The whole thought or notion -- oh, my gosh, I'm so sorry. MS. MacPHERSON: It's amazing two minutes goes by really fast. SPEAKER NO. 84: Okay. MS. MacPHERSON: But, please -- oh, I'm sorry. We have to -- please submit -- anything that you have in writing will be made a part of the permanent record, okay. We -- we still have others we have to get through. And, actually, at this time, I'd like to call the numbers 110 to 120 to please go in the back. I appreciate your perseverance and sticking it out. Please go meet Chuck holding the white piece of paper there. Okay. Next speaker. SPEAKER NO. 89: Okay. Okay. I'm Myles Maxson. And it's spelled M-y-l-e-s M-a-x-s-o-n. And I just turned 12 and I live in Madison County. When I grow up, I want to live in the type of world where people are more important than money (Audience member responds) where I can climb to the top of any one of our beautiful Appalachian

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 126 mountains and breathe in the fresh air and look in all directions and not be upfronted by ugly scars on these amazingly biodiverse masterpieces. I want to live in a world where poverty is the -- is the exception not the expectation and where clean water is taken for granted. Unfortunately, that is not the kind of world my friends and I are likely to grow up in. And for many people living near mountaintop removal sites, that's not the world they live in today. Allowing these permits or any others to go forward, when they don't follow the Clean Water Act, just sets me and my generation up to live in a world where the water is not safe to drink, nor the air safe to breathe. Our state has made it clear that it cannot and will not fairly enforce the Clean Water Act. As a result, people in mining communities have higher rates of many health problems, from cancer to birth defects. The poverty rates in areas where we have been mining coal for the last 100 years are some of the highest in Kentucky. For every mining pollution permit given that doesn't follow the law, there will be even more places where the air is not safe to breathe and the water not safe to drink.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 127 I would like to thank you for at least temporarily denying these 36 permits. Keep up the good work by stopping even more of the pollution permits if they do not comply with the regulations and protect our health and water. I know you are under pressure from the coal companies and Governor Beshear to allow these permits to pass, but you're the EPA. Your job is to protect the environment. How can they sue for doing your job? So please think about it from my point of view. If you were a 12-year-old growing up in a deteriorating world, would you be very happy with the situation? I think not. I come before you to represent my generation and ask you if you would please think about what you have heard today. Please stand strong, do your job, and give us a shot at a good future. I would like to thank you for listening to me today. (Audience members stand. Applause.) MS. MacPHERSON: Thank you. Thank you. Okay. Next speaker. SPEAKER NO. 86: Yes. My name is Paul Johnson, P-a-u-l J-o-h-n-s-o-n. I'm out of Walton, Kentucky. I want to say, first of all, that this meeting tonight is absolutely positively

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 128 illegal (Audience member responds) according to Article 1, Section 8 of the U.S. Constitution. There -- you know, this commerce cause has been stretched and -- and wound around. I want to just read part of the Section 8. "Congress shall have power to collect taxes, duties, and so on, to borrow money, and so on, to regulate commerce and foreign nations, and among the several states with the Indian tribes." That says "Congress." It does not say "Obama." Congress has the right, so Congress has not taken away the Tenth Amendment yet. We haven't voted on it in Kentucky. So I propose that the EPA is absolutely illegal because it usurps the authority of the several states. And I want to read the Tenth Amendment if I can. Here we go. "The powers not delegated to the United States by the Constitution, not prohibited by the States, are reserved to the States respectively, and to the people." Now, either that's true or it's not. If we don't want to live with this, then we ought to get away with it, or do away with it. Dick Chaney said when he and Bush won, he said, "Help's on the way. I want to let you know, America, help's on the way."

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 129 James Inhofe [ph] introduced a bill last night on the Senate floor, it'll be voted on in two weeks, and this will shutdown -- would send EPA back to the drawing board to craft a rule that balances environmental protections, economic growth, instead of killing coal. And I had a cro -- I had a crown of thorns I was going to bring in here tonight, but they wouldn't let me in. The Greeks introduced crucifixion, but the Romans -- the Romans made it -- they edified it. They -- they made it better, and so they put a crown of thorn on Jesus. (Audience member responds). (Applause). And you know what he said, "Father, forgive them, for they know not what they do." And I'm not really sure that people know what they're doing about this. MS. MacPHERSON: Thank you. Thank you for your comment. (Applause). Okay. Next speaker, go ahead. SPEAKER NO. 91: I'm Don Pratt. I'm originally from Hazard, Kentucky, but lived in Hindman, Kentucky, when I was an infant, and moved to Lexington and grew up there. It's not important who I am, but if you want to know, I have raised 64 children as a foster parent and

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 130 I've raised biological and adopted children. I've had a small grocery, and I've run for political office spending only $1,000 or less, and my opponent spent 78 times that and only got a few thousand votes more. 19,500 was an amazing amount for five -- for $1,000. But I'm honest. And the people of Lexington knew who I was and why I stood up. I stand up with you with honesty. I wanted to get this young man to read my speech because, obviously, he says it so eloquently. But I want you to know that I'm here to tell you that I love coal. I love miners. And I love many benefits from energy. But I love the mountains, I love the land, I love the air, I love the water better. I love the soil better. I have been to the mountain. I've been to mine disasters in my past. I've been with Robert Kennedy concerned about mountain poverty. I've been to the mountaintop with Harry Caldwell, author of "Night Comes to the Cumberland," joining in the fight to -- against abuses of strip mining and the abandonment of such sites. I've joined the fight of -- against legal -- of legal -- then legal broad form deeds, and helped organized for black lung benefits when it was denied by Kentucky

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 131 elected officials and by coal. I've been to the sludge piles. I've been to the Martin County slurries spill. And in all of these battles, the coal industry lied and cared little about the people or the land's welfare. I just heard something today, or read something today of a photo of a sign in front of a police station that said, "Toilet stole [ph] stolen, nothing, nothing to go on." If we continue to destroy the earth and our kids and our grandkids' essential childess [ph], we'll have nothing to live on. Thank you. MS. MacPHERSON: Thank you. (Applause). Okay. Next speaker, please, go ahead. SPEAKER NO. 88: Yes. I'm David Fields, D-a-v-i-d F-i-e-l-d-s. I'd like -- I'll be -- I'd like to begin by expressing my deep appreciation for the EPA's efforts to enforce the Clean Water Act as it applies to discharges associated with coal mining and also for your efforts to obtain input from the public. That's very significant. There are two specific points I wanted to emphasize. The first is that many of the EPA regulations pertaining to mountaintop removal are in response to mandates from the judicial system.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 132 These mandates were issued precisely because the states were not doing a satisfactory job of protecting the lands, the waters, and the residents of Appalachia from the egregious impact of MTR. My second point, I'll mention on it, that I've lived in Kentucky since '86, but I'm originally from West Virginia. So this second part is really pertaining to the West Virginia situation. Environmental organizations such as KFTC and others have won several lawsuits against coal companies because the companies were not in compliance with the regulations, but the egregious consequences of -- for the land and the people. A recent case in West Virginia involved Patriot Coal Company and covered 43 pollution outlets associated with ten water discharge permits at three of Patriot's mining complexes. Under the settlement, Patriot must construct and operate new selenium treatment systems that will end ongoing water quality violations. Discharges must be brought into compliance with completion -- with pollution limits in phases over the next two to five years based on the water and pollution flow. Smaller outlets will be cleaned up first and

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 133 others subsequent. In addition, Patriot has also paid 750,000 in fines to the federal government and contributing 6.75 million to West Virginia Land Trust. So what I'm driving at is that -- MS. MacPHERSON: I'm sorry. SPEAKER NO. 88: Okay. MS. MacPHERSON: I'm sorry. (Applause). Again, please submit your -- the written comments there. Okay. Next speaker, please go ahead. SPEAKER NO. 97: Okay. My name is Bill Couch. Woe. And I'd like to thank the opportunity to come and speak. And I'm just a God-fearing coal miner from Leslie County, Kentucky. (Audience member responds). And I don't know where the gentleman got his figures on the -- the more jobs in eastern Kentucky, but where I work at we have personally had layoffs in the last -- we've had two layoffs in the last nine months. And if you had -- if you ever had to look at a dad and tell him that you've lost your job, and in our county we don't have that many jobs, when we lose our coal jobs, we don't have another industry to go to. We can't go down the street or go over to this factory or go over to that factory

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 134 and apply for jobs. We don't have it. And coal is -- is our life style in Leslie County. And these permits that are denied, that affects us personally because we don't have anything to go to. And the water quality -- the water quality, I work at a mine with the Arch Coal out of Hazard, and I invite -- I will, and I invite anybody else, I know I've gotten a lot of workers that will do the same as I'll do, anywhere that we have runoff from our mine, it comes off in a stream, anywhere on that mine I'll -- well, I don't know if everybody here has ever laid down on your hands and knees and got a drink out of the creek, or get you a cup, we'll drink it either way. I'll drink water out of any stream there is running off our mines. I'll drink that water. Because we got -- I mean, it's -- it's clean, I mean, pure. It's not going to hurt you. I'd like to make a -- compare it to down here. That's -- that's our economic development, our, you know, mining. Down here you all are acting like the mining, or in other parts of the state, is -- are your shopping centers, subdivisions, parking lots, whatever, will you get a drink of water where the sub -- where your storm

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 135 drains runs out? Will you get a drink water out of the subdrains? I won't. Where we strip mine, during active mining, I'll drink the water, during post-active mining. Decades or centuries down the road where we reclaim, we got grass growing on trees, wildlife running, you know, record. We have more wildlife in eastern Kentucky than we ever have in my 56 years. But I don't think it's impacting eastern Kentucky whatsoever. So please work with us and treat us the same and give us the same rules you give everybody else to work with. And thank you for your time. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Next speaker, please go ahead. SPEAKER NO. 90: I'm Truman Hurt from Perry County, Kentucky, Montgomery Creek. I'm here to ask the PA -- the EPA to help us to have clean safe water in Kentucky and down the stream, as water is not restricted to within our borders. Only 36 of these permits have been held back out of 151. So that means that 115 were given. 2,500 in the past have been given. The Clean Water Act of '77 has never been fully implemented, and I wonder if it ever will be. But the EPA has

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 136 definitely given us a little courage, but still I can look below my house and see black creeks, nothing but coal dust makes black creeks. I can still see that. And everybody would say, "That don't happen." It happens. Without the EPA, we're going to continue to have that. I don't care how many times they test the water out here. It began back there in the mountains. I'm like the little fella, I believe lives ought to be more important than dollars. I'm not a scientist. I can't tell you how many dollars it might cost if we don't allow these permits, these 36, but I don't believe one job will be lost. Many lives may be lost if we don't. And that's what we need to prepare. I'm completely ashamed of our state government officials for not doing what they're supposed to do in this permit process. And I ask the EPA to hold the line and the law, to take back the process from the state. They have shown us that they're unable or unwilling to do the right job. MS. MacPHERSON: Thank you. SPEAKER NO. 90: Thank you. MS. MacPHERSON: Thank you very much.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 137 (Applause). Okay. Next speaker, please go ahead. SPEAKER NO. 113: My name -- oh, my name is Susie Bell, B-e-l-l. I was born in Somerset, Kentucky, my dad in Harlan, and my mother in Harrodsburg. When I was growing up we were not allowed to play in the creek. We called it stinkin' creek. And it wasn't until I was a grownup that I found out that just about every county in Kentucky has a stinkin' creek. My mother worked for the Division of Water here most of her adult life, retired ten years ago, and she confided to me that the Division of Water people at work said there's not one stream in the state of Kentucky that they would say was safe to swim in, let alone drink. I was a nurse at UK as a young adult working on pediatrics and with the youngest pediatric patients, the number of birth defects that we saw coming out of eastern Kentucky, it validates my sense that there's something terrible going on there. When I heard the statistics tonight on the birth defects caused around the mining, I think we really need the EPA to protect us because we're too stupid to protect ourselves. Our state, our governor, our representatives are not doing their

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 138 jobs, so we really need you all to be here to do this for us. We need to diversify and -- and provide small business loans for jobs. We need to do a lot of other things, but you all can't fix that. What you can do is protect us so that we're forced to go ahead and do those other things that we need to do. I have nine grandchildren. I'm hoping that they can grow up to a world like that little boy and have clean water. Thank you. MS. MacPHERSON: Thank you. (Applause). Okay. Next speaker. SPEAKER NO. 92: My name is Steve Boyce. That's B-o-y-c-e. I'm here this evening -- well, I guess I should tell you that I live in Berea and Madison County, and I'm here this evening as a concerned citizen and also as state chair of Kentuckians for the Commonwealth. I am another Kentuckian urging the EPA to stand strong and affirm your objections to these and any other pollution permits that do not comply with the Clean Water Act. In saying this, I speak as an individual, but I also speak on behalf of Kentuckians for the Commonwealth, the Grassroots Social Justice

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 139 Organization with more than 7,500 members across Kentucky. Although, our members are statewide, KFTC's roots are in the eastern Kentucky mountains. We've worked there for 31 years trying to achieve the full and fair enforcement of laws designed to protect the health and safety of mine workers and mountain communities. We believe that right now, today, Kentuckians have our best opportunity and the most pressing need to begin a transition to a healthier and more sustainable, more diverse economy. Such a transition will not be easy, but the world is changing, and we must change. There's no way "business is usual" can be maintained. All Kentuckians share some important values that they can bring to this transition effort. We all want access to good safe jobs and support our families. And as a necessary condition for such jobs, we all need access to clean drinking water and to a healthy environment. Unfortunately, safe water and a healthy environment are not now available everywhere in the mountains. To give just two of what could be many examples. Less than 18 percent of the Big Sandy River watershed could support --

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 140 MS. MacPHERSON: Oh, sorry. I'm sorry. Again, please submit those examples in writing because we do want to get all of those comments. I'm sorry, yeah. Like I said, two minutes (Applause) isn't a lot of time. Okay. Next speaker, please go ahead. SPEAKER NO. 115: My name -- my name is Greg Capillo, G-r-e-g, Capillo, C-a-p-i-l-l-o. And I just want to say two things. One, human beings don't defecate selenium and heavy metals on their own naturally. So this idea that straight piping and -- and while that definitely needs to be fixed, and everybody in Kentucky deserves clean water, and everybody should be, you know, drinking from city water and city purified water, the heavy metals that's -- that are present there are not biologically caused. And everybody in this room knows that. And I think that's one of the frustrating things about this discussion, is that there's one side that uses facts and statistics and science, and there's another side that uses fear and hate and negative emotions to drive folks out. The other fact of the matter is, is that coal -- coal mining in eastern Kentucky has been

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 141 going on for a long time, and it's going to end soon because coal is a finite resource. According to the 2000 United States Geological Survey, we're not going to be mining coal past 30 years in Central Appalachia, period. That's true. That's scientific fact. And we're not going to figure out what's going to happen next when we're not being intellectually honest in our discussions about the issues. Thank you very much. MS. MacPHERSON: Thank you. (Applause). Okay. Next speaker. SPEAKER NO. 94: My name's Don Becher, B-e-c-h-e-r. I'm from the Covington, Kentucky area. I'd like to think of myself as a fly fisherman. A few years back I traveled eastern Kentucky a lot for my job. On one trip to the Pikeville area, I brought my fly rod along. A guy I was dealing with from my work and I were talking near a likely looking stream, and I asked him what I might expect to pull out of there if I wet a line. He said, "Nothing." He said the runoff from the mines upstream had pretty much killed everything. I had hope, however, because I'm old enough to recall articles about Cleveland's Cuyahoga River being so polluted it caught on

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 142 fire, and hearing Erie was once basically a dead lake. However, after the Clean Water Act of 1972 and after industry raised hell, things began to improve, and now I fish up in northern Ohio for steel heads running out of Lake Erie. I assumed the EPA would catch hell today, with the mining companies scaring their employees and actually busing folk in. I understand the miners' concerns because jobs are tight. But as I understand it, what the EPA wants the state to do is merely ensure that mining companies have plans in place to assure that things like toxins and silt don't find their way into streams in dangerous levels. Kentucky political apparatus is beholden to those mining companies, and, quite frankly, can't always be expected to have the intestinal fortitude to do the right thing. Just last week, certain citizens of Harless [ph], near Pikeville, had to file a lawsuit against the state because of flooding damage from a runoff caused by a mining company failing to reclaim its mining operations in a timely manner, with the state allowing that company to continue mining on an expired permit.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 143 I, therefore, appeal to the EPA, which, hopefully, is not so directly influenced by the coal operators' campaign contributions and power in this state, to do the right thing and require that the states have adequate water quality standards that must be met with respect to these 36 permits. Thank you. MS. MacPHERSON: Thank you. (Applause). Okay. It looks like we've got -- could I ask the -- the last two speakers over there to maybe move over here (indicating). Oh, there's another one, too. Yeah, maybe just have two, just so it's a little balanced. Could you just move behind this microphone. That would be great. Just two of you, just to even it out. And are you a speaker, too? PUBLIC SPEAKER: Yes. MS. MacPHERSON: Okay. Great. Any other speakers for tonight? Okay. Just trying to get a sense. Thank you. Go ahead. SPEAKER NO. 117: Hi. My name is Felix Woods. I would like to thank -- thank you for the opportunity to speak tonight. I am a native Kentuckian. I currently live in London, Kentucky, the 5th District. Until December of last year, I

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 144 lived in Clay County on a 64-acre farm. One afternoon I was sitting on my front porch on the swing watching the water flow by in Bullskin Creek, it turned gray. And it was a clear sunny day. There was no reason for this spring to be -- to be muddy. One of my neighbors stopped and asked me what it was, and neither of us knew, but we decided to follow it to its source. The source was a mine at my niece and her husband had on their property. And the people I spoke with acted like it was, you know, just common, and I shouldn't be concerned about it. I called the state the next day. A few days later, the mine was shutdown and fined. A few days later, they opened back up, and that process continued several times. They released the sludge again and again and again. I had horses and other animals on the farm that I could not water from the streams anymore. And I had a conversation with my niece that owned the property, and she said she was told by the miners that it was cheaper for them to release the sludge, pay the fine, and continue, instead of building the retaining ponds. I ended up leaving the farm. I tried

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 145 watering it from the city water, curing the water, and it was just too difficult for me to do. And I ended up moving to downtown London. It was heart breaking. And some of the other impacts were the roads were destroyed by the trucks. I have several family members that work in the mines. I have several family members that own property that are being mined. And I support mining, in the sense that I know that people need jobs, but I -- there needs to be some kind of controls. I walked out into the stream three days after that initial release, and the bottom was covered with this gray slime that was just really slick, and it just destroyed my life and -- MS. MacPHERSON: Yeah. Thank -- thank you for that -- SPEAKER NO. 117: Thank you. MS. MacPHERSON: -- for that comment. Thank you. (Applause). Okay. Next speaker. SPEAKER NO. 96: For the record, I was registered as speaker number 96. MS. MacPHERSON: Oh. SPEAKER NO. 96: I'm Robert Padgett, P-a-d-g-e-t-t. And the comments are directed, luckily, because there's not many folks left

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 146 except these hard-working EPA folks, to the EPA itself. I'm a -- have a degree in biology, I have registered professor jobs that's in the state, and I'm a 27-year retiree from the Environmental Protection Cabinet. Nine years of abandoned mine lands, nine years with superfund, nine years with sanitary and fly ash landfill permitting. The reason that I support that your-all's objections to the permit and permits and -- and I encourage you to stick with it and toe the line, is the -- the -- ad -- while there are many people working for the Cabinet who are my good friends and want to do a good job, the chance of them doing a good job and coming to fruition is about as much chance as a blackside darter has below a coal landfall [ph]. It's not going to happen. The political influences and the things that go on in the Cabinet prohibit us from being able to be innovative, to be able to work together on things. You must toe the line and do the things in front of you. From the first day to the last day of my employment, I watched political influence, graft corruption, kickbacks, sweet-cut deals. Many times failing to get any compliance from this

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 147 Cabinet, I ended up having to blow the whistle on them, the different federal agencies and enforcement agencies. For all of that, I ended up my last two years sitting in a cubicle entering data into a computer. No longer was able to be a supervisor after 20 years as a supervisor, no longer even able to discuss the technicalities of permits with anyone on staff. They are a vicious bunch if you turn against them. So I encourage you to stay in the line, toe it. They will not be able to come through. The influence is amazing on the worker level. So many good ideas, so many people wanting to do good things in the Cabinet, but the upper echelons will just not let it happen. So I encourage you to stay the line, don't go soft on them, don't think that this has been -- maybe we ought to think twice about it. It's a good agency. It's a good people, but the Agency itself somewhat stinks. Thank you all. And bless you for staying this long. You've been really well. (Applause) MS. MacPHERSON: Thank you for coming to speak. Okay. Next speaker. SPEAKER NO. 114: Hi. My name -- oh, sorry.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 148 My name is Beth Bissmeyer. That's B-i-s-s-m-e-y-e-r. And I'm a member of Kentuckians of -- for the Commonwealth from Louisville. And I've lived in Kentucky all my life. I'm here tonight to stand with my friends in eastern Kentucky whose health and welfare is jeopardized daily by polluted air and polluted water from surface mining. Multiple studies have shown that people living in mining communities suffer higher rates of cancer, heart, lung, and kidney disease compared to people living in nearby nonmining communities. We need to stop sacrificing our land, water, and our people to the devastations of surface coal mining. It is long past due for just economic transition for workers and communities in coal mining areas. We keep seeing shirts and bumper stickers that say, "Coal keeps the lights on," but it won't for much longer, and that's through no fault of the EPA. It's called fossil fuels for a reason. Coal will not be here forever, but the devastation that has resulted from mountaintop removal mining will have long-lasting negative impacts on our communities. I want to thank the EPA for objecting to

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 149 these permits and for holding this hearing to allow citizens to share our concerns. Our own governor has urged the EPA to get off our backs when referring to regulations. But I thank you for watching the backs of all Kentuckians who want clean water and a safe healthy environment for our children. Please stand strong. Thank you. (Applause) MS. MacPHERSON: Thank you. Okay. Next speaker. SPEAKER NO. 100: My name is Megan Naseman. And the last name is spelled N-a-s-e-m-a-n. In 2010, a group of young people from across the state gathered to meet with Governor Beshear's Administration regarding Kentucky's energy policies. Myles was one of those young people, so you know it was a good crowd. I was very struck by the courage of one young person from Pike County who was five at the time, she talked about what it was like to be a five-year-old living near active mine sites. She spoke truth to power about what it's like to live with the dust from coal trucks on her road and how scary the loud explosions in her neighborhood are. The part of her comments that was most moving

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 150 to me was her holding up a bottle of her tap water, which was tested to contain 130 times the legal limit of arsonic from mining activities. She asked if any of the officials would drink this water. Of course, no one said they would. The response of that group of Kentucky politicians and officials is, unfortunately, consistent with the administrative stance on the Clean Water Act. When the Kentucky Energy and Environment Cabinet fights citizen participation in Clean Water Act lawsuits, when state officials literally say to children, "No, I won't drink that water either," and yet continue to do business as usual, when we know that people living near mountaintop removal are at a higher risk for cancer and other chronic health diseases, yet such pollution continues to be sanctioned by this state, it is clear that we are in desperate need of the EPA upholding citizens' rights to clean water. Kentucky's youth have the courage to stand up for clean water. For the health of the people of this region, I urge the EPA to join them. Thank you. MS. MacPHERSON: Thank you. (Applause). Okay. Next speaker. SPEAKER NO. 116: Hello. My name is Curtis

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 151 Morrison, C-u-r-t-i-s, Morrison. First, I want to thank the EPA for being here and thank the EPA for all their great work in Kentucky. I'm a Kentucky Democrat, yet my governor, Steve Beshear, does not speak for me. I am very grateful to the EPA, very grateful to President Obama for doing what's best and holding coal miners accountable. And, also, sorry about the blue shirt. I didn't get the memo. That's all. (Audience members respond). (Applause) MS. MacPHERSON: Thank you for your comment. Okay. Next speaker. SPEAKER NO. 110: My name is Samantha Cole, C-o-l-e. And I'm currently living in Madison County, but my hometown is in Beattyville, Kentucky, in Lee County, Kentucky. I'd like to share with you three stories. The first is pretty short. My great papaw Ed died in part due to complications of black lung disease. The second story is a bit longer. My papaw Clyde, once needing a job to feed five children, worked a single day in a deep shaft mine. He could do the work even though they had crammed him into a part of the seam where he had to lay on his side and dig coal with one arm. It wasn't for him, so he

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 152 threw down his hat and quit. Both these men are heroes. Ed was a hero because he gave his life for coal, and Clyde was a hero because he stood up to the boss man. I'm here for both. I have one more story to tell. A few years ago I was in Santa Fe for a gathering of rural youth. My roommate, Julia, was from Texas. During the first few hours I saw her go to the sink and get a glass of water. I watched horrified as she drank it. Surely, no one drank tap water. But she did because she wasn't from Beattyville. There, we don't drink the city water because of what's in it, not just chemicals meant to treat it, but pollution. Pollution, that also means we can't swim in the river or eat fish from the river. And although there are other sources of pollution, the coal industry is one of the main ones. It affects all of us. My parents buy water to drink, but they still bathe in and cook with the tap water. The school children, the patients in the nursing home, and countless others are exposed to pollution. It's that same cycle all over again. People's lives for money. Remember Ed. Now, here's where I go into the Clyde. Each

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 153 time a permit is issued that allows pollution in Kentucky River, the Beshear Administration is killing citizens. The Administration is murdering Kentuckians. To say, thus, we need the EPA to stand strong and reinforce the Clean Water Act. We need the EPA to take over all Clean Water Act permitting and enforcement. Someday, I'd like future generations to be able to drink the water in Beattyville and to be able to swim and fish. Thank you. (Applause) MS. MacPHERSON: Thank you. Thank you. Okay. Next speaker. PUBLIC SPEAKER: I'm Dave -- I'm Dave Cooper from Lexington. I want to raise a point. I don't -- I don't think it's been mentioned yet tonight, about why we do need the EPA and why we really can't count on our state government to deal with these water quality issues. You know, heavy metals are very difficult to remove from drinking water. And people seem to have this faith in technology that the water treatment plants can just do this magic, and no matter what comes down the river the water treatment plant will be able

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 154 to filter it out and everything will be fine. I'd like to mention something that's happened in the community of Whitesburg in Letcher County, Kentucky, over the last three years. It's a wonderful little town in the mountains. It's a beautiful place to visit. They have beautiful mountains. They -- they do have strip mining, but they have a problem with their drinking water. And the problem is, oil spills in the drinking water. There was a company that spilled oil, diesel fuel, actually, in the -- into the drinking water in October of 2008, and, again, the same company in February of 2009. And the company agreed to pay a $500,000 settlement, and they were instructed to install -- the local water treatment operation was instructed to install an upgraded carbon filtration system. Then there was another spill in February of 2011, and it got into people's tap water. People were turning on their taps and they could smell the petroleum in their tap water in Whitesburg after they had supposedly taken these corrective measures. So I don't feel like we can really rely on the local water treatment plants or our state government to -- to handle these problems. We

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 155 have to rely on the federal government. That's why I'm really glad the EPA is here. Thank you. (Applause) MS. MacPHERSON: Thank you. Are you our last speaker? PUBLIC SPEAKER: I am the last. MS. MacPHERSON: Pressure. Okay. PUBLIC SPEAKER: I know. I apologize. MS. MacPHERSON: No. PUBLIC SPEAKER: Well, you certainly can look around and see who still cares at the end of the night. (Applause). My name is Alex Desha. I'm a Sierra Club member. I live in Whitesburg, Kentucky. And as Dave said before me, I cannot drink the water. You can walk by just about any holler with a surface mine and see poison water in dead streams. We are here today because the state has failed us. The Beshear Administration does not seem to care about people or water. They seem more concerned about the bottom line, of wealthy coal CEO's who pay themselves $6 million a year, fly around in their private helicopters, and vacation in their separate -- in their second homes. They do all this while they layoff real people.

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 156 They, like the Beshear Administration, do not care about people. Are they concerned about jobs? No. It's a ploy. So they certainly don't care about clean water and public health. They want you, the EPA, to lift your objections or to water them down so much that they do not matter. These hearings are designed to intimidate. Well, these are the facts surrounding dangerous surface mining practices here in Kentucky. Those living near destruction suffered rates of cancer 50 percent higher than the surrounding population. They are 42 percent more likely to have children with birth defects. In some counties, their life expectancy has been decreased by over a year. The fact of the matter is, is that water quality is a good indicator of human health. If we have poor water quality, we have unhealthy communities. The Beshear Administration does not seem up to the task. The Kentucky Department of Water does not seem up to the task to protect our water or our health. It is time for a transition. I urge the EPA to hold the line, to reaffirm your objections, and do not listen to the fear being peddled by the coal industry. I urge you to

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 157 go a step further and revoke the state's authority to issue these water permits. Thank you. (Applause) MS. MacPHERSON: Thank you. And if there are no more public comments, I'd like to turn it back over to Jim Giattina for closing remarks. Jim. MR. GIATTINA: Thank you, again, Charlie. I -- I really want to express my appreciation to everyone who turned out and those of you who are here sticking it out to the very end. We very much appreciate your patience and your participation. The comments that we have received this evening, all the oral comments will be transcribed, all the written comments that we've received will be very seriously considered and evaluated by my Agency as we make the final determination regarding the permit objections. After we consider the administrative record, the requirements of the Clean Water Act and its regulations, the EPA regional administrator will make a determination concerning the objections. And, as I said, at the outset, we'll be notifying Kentucky DOW, the Cabinet, the districts, and all the persons having -- that have provided written

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 158 comments or oral statements, if a mailing address was provided to us. Additional information, again, regarding these procedures are available. You can contact Mr. Chris Thomas sitting to my right. And, again, I thank you for your participation. If you have any other questions or comments, you can always reach EPA through our website, or at our Region 4 public information number, which I think is on the slide behind me. So, at this time, I will adjourn this hearing. Thank you again. (Applause) (Public hearing concluded at 10:20 p.m.)

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SWORN TESTIMONY, PLLC

2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 159 REPORTER'S CERTIFICATE STATE OF KENTUCKY ) COUNTY OF FAYETTE )

I, DENISE Y. VASQUEZ, RPR, KyCCR, and Notary Public in and for the Commonwealth of Kentucky at Large, do hereby certify that the facts as stated b y me in the caption hereto are true; that the foregoi ng proceedings as indicated were made before me by the parties hereinbefore named, and were thereafter reduced to computer-aided transcription by me and under my supervision; and that the same is a true a nd accurate transcript of the proceedings to the best of my ability. I further certify that I am not employed b y, related to, nor of counsel for any of the parties herein, nor otherwise interested in the outcome of this action. IN WITNESS WHEREOF, I have affixed my signature and seal this 11th day of JUNE, 2012.

______________________________ _ DENISE Y. VASQUEZ, RPR, KyCCR Notary Public, State-at-Large 2404 Doubletree Court Lexington, Kentucky 40514 859.533.8961 My Commission Expires: November 26, 2015

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# ' '77 - 135:24 '86 - 132:7 'how- 65:8 

# 0 0106682 - 109:23 

# 1 1 - 5:2, 5:3, 21:9, 21:10, 32:20, 47:20, 87:21, 128:2 1,000 - 108:9, 108:10 1,522 - 8:18 1.8 - 108:12, 108:14 1/2 - 72:14 10 - 8:23, 39:8, 39:9, 123:18 10-year- 36:3 10.031 - 19:15 100 - 68:11, 93:1, 93:2, 105:14, 126:21, 149:11 10:20 - 158:14 10th - 39:12, 41:20 11 - 4:18, 41:17, 41:18, 48:3, 105:18 110 - 125:14, 151:13 112 - 48:9 113 - 137:2 114 - 147:25 115 - 47:16, 135:22, 140:7 116 - 150:25 117 - 143:21, 145:17 11th - 159:14 12 - 43:7, 43:8, 125:21 12-year-old - 127:11 120 - 125:14 122.21 - 18:18 122.44 - 18:18, 19:10 123 - 26:22, 49:16 128 - 109:15 12th - 39:11 13 - 44:20, 44:21, 97:25 130 - 150:2 13563 - 65:7 138 - 47:14 14 - 39:13, 46:15, 46:16, 100:7 15 - 48:13, 48:14 151 - 135:22 15th - 44:23 160 - 47:15 17 - 52:8, 52:9 17:18 - 96:8 18 - 54:1, 54:2, 91:17, 139:24 18,000 - 22:14 186 - 105:24 18th - 35:17 19 - 55:14, 55:21, 55:22 19,500 - 130:5 1960 - 44:25 1972 - 142:2 1977 - 101:20 1978 - 36:3 1983 - 16:6, 16:24 1990 - 64:18 1st - 47:21, 61:9, 61:18 

# 2 2 - 23:6, 23:7 2,000 - 51:2, 68:5, 69:21, 105:19, 112:19, 117:23 2,500 - 8:7, 135:22 2,700 - 89:8 20 - 4:20, 5:3, 11:3, 20:2, 38:5, 47:12, 49:12, 57:19, 57:20, 61:17, 147:6 200 - 40:4 200,000 - 22:16, 64:15 2000 - 141:3 2007 - 60:1, 87:2 2008 - 66:22, 154:12 2009 - 8:1, 86:25, 100:3, 154:13 2010 - 8:17, 11:21, 16:18, 17:9, 17:14, 17:17, 32:20, 43:19, 47:21, 61:10, 61:18, 62:16, 68:18, 74:16, 76:19, 87:3, 87:6, 103:20, 104:2, 121:14, 149:13 2011 - 65:5, 72:14, 72:19, 73:9, 90:7, 90:11, 100:6, 105:14, 105:17, 121:14, 154:18 2012 - 1:10, 66:23, 159:14 2014 - 85:12, 114:19 2015 - 159:21 20th - 106:18 21 - 20:6, 59:3, 59:4, 121:2, 121:4, 125:1 21st - 9:21 22 - 61:1, 61:2 22-year-old - 34:23 224,000 - 117:24 22nd - 39:17 23 - 63:18, 63:19 23,000 - 94:12 24 - 65:20, 65:21 2404 - 159:19 25 - 16:15, 67:23, 67:24, 68:6 250 - 23:17 250-gallon - 119:20 26 - 70:1, 70:2, 70:8, 159:21 27 - 64:20, 71:23, 71:24 27,000 - 76:15 27-year- 146:4 28 - 8:5, 73:22, 73:23 29 - 75:18, 75:19, 75:24 

# 3 3 - 25:2, 25:4 3,000 - 60:2 3,800 - 26:22, 49:16, 90:8 3.6 - 108:14 30 - 10:14, 20:6, 34:21, 56:8, 59:12, 78:8, 78:9, 106:5, 141:4 30,000 - 28:21 30.5 - 105:25 300 - 66:3, 67:4, 95:19, 108:1 303(d - 114:3 305(b - 114:2 31 - 63:14, 63:16, 80:6, 80:7, 139:4 312 - 110:3 32 - 81:21, 81:22 327- 109:16 33 - 83:14, 83:15 33,000 - 28:19 34 - 84:7, 84:8, 85:11 35 - 86:18, 86:19, 88:21 35,000 - 64:13 350 - 80:8 36 - 1:2, 6:5, 8:11, 9:5, 16:1, 17:5, 21:15, 22:7, 25:10, 37:4, 50:10, 69:13, 70:15, 74:23, 76:4, 76:9, 78:3, 84:13, 86:13, 86:23, 89:2, 89:3, 121:16, 127:2, 135:21, 136:13, 143:6 367 - 111:2 37 - 87:14, 87:19, 91:1, 91:2, 121:18 38 - 93:3, 93:4, 93:7 39 - 95:14, 95:15 

# 4 4 - 11:14, 15:11, 27:11, 27:12, 91:25, 110:1, 158:9 4(1)(f- 19:15 40 - 16:19, 18:18, 19:10, 63:14, 63:16, 97:15, 97:16, 101:8, 123:2, 123:5, 124:20 40-year-old - 113:18 401 - 19:14, 85:25 404 - 28:9, 36:22, 36:24, 48:5, 106:14 405 - 1:16 40514 - 159:19 40601 - 1:17 40th - 74:4, 78:19, 94:19 41 - 80:4, 98:24 42 - 100:22, 100:24, 101:1, 103:8, 156:12 43 - 103:10, 103:11, 132:16 44 - 52:11, 105:2, 105:3, 105:8 44,000 - 47:17 44th - 52:12 45 - 107:3, 107:4 45th - 43:9 46 - 108:25, 109:1, 110:9, 110:14, 110:17, 110:21, 111:12 46,000 - 41:21, 41:22 47 - 113:3, 113:4, 115:8 48 - 115:11, 115:12 49 - 117:13 4th - 36:11, 37:11, 38:23 

# 5 5 - 1:10, 29:14, 29:15 5,000 - 74:2, 76:2 5,900 - 105:23 50 - 42:24, 80:4, 156:11 51 - 45:6 55th - 48:15 56 - 135:8 5th - 143:25 

# 6 6 - 31:16, 31:17, 100:5, 155:22 6,200 - 63:24 6.75 - 133:4 60 - 68:6 600 - 72:12, 72:23 64 - 129:25 64-acre- 144:1 65 - 108:10 69.4 - 106:1 6th - 93:9 

# 7 7 - 1:10, 33:15, 33:16, 72:18, 109:14, 124:20 7,000 - 94:17 7,500 - 139:1 70,000 - 49:17, 108:11 700 - 113:7 725 - 108:3 75 - 60:11 750,000 - 133:2 78 - 130:4 

# 8 8 - 35:10, 35:15, 35:16, 94:20, 128:2, 128:5 8.7- 112:7 800 - 88:11 81 - 93:1, 117:14, 117:16, 117:17, 117:18, 117:19 82 - 119:12, 119:13, 119:15 83 - 121:8, 121:9 84 - 117:15, 123:10, 123:11, 125:8 84th - 46:17 859.533.8961 - 159:20 86 - 127:22 87 - 8:4, 60:10 88 - 131:15, 133:7 89 - 125:19 8970287 - 109:14 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 1 8970448 - 86:22 8975061 - 110:1 8978039 - 110:24 8th - 104:2 

# 9 9 - 37:9, 37:10 90 - 135:16, 136:24 900 - 64:22 91 - 129:20 92 - 110:2, 138:13 94 - 45:5, 141:12 96 - 145:20, 145:21, 145:23 97 - 133:11 

# A abandoned - 51:15, 62:20, 146:5 abandonment - 130:22 ability- 44:2, 50:5, 102:13, 159:9 abject - 99:17 able- 10:11, 20:24, 72:8, 79:5, 79:6, 146:18, 146:19, 147:5, 147:7, 147:11, 153:9, 153:10, 153:25 absent - 29:8 absolutely- 94:23, 127:25, 128:14 abundant - 25:16, 39:23, 118:3 abuses - 130:21 abusing - 46:4 academia - 116:13 acceptance - 124:2 accepted - 12:23, 87:9 accepting - 9:22 access - 65:3, 95:1, 139:17, 139:19 accomplished - 63:2, 101:8 accordance- 12:18, 13:7, 18:12, 75:14, 85:18, 91:14 according - 47:5, 128:1 According

- 59:25, 141:2 Accordingly

- 111:19 account - 29:18 accountable - 36:16, 42:11, 43:4, 151:7 accurate - 99:11, 159:8 achieve - 116:20, 139:5 achieved - 18:2, 40:8, 74:6 acid - 104:10 acknowledged - 66:14 acquired - 89:23, 124:6 acres - 87:14, 87:19, 109:15, 109:16, 110:2, 110:3, 111:2, 111:3 act - 44:9, 97:3 Act - 7:14, 7:19, 11:16, 13:12, 31:25, 43:16, 43:17, 44:8, 44:9, 45:22, 49:11,53:18, 61:23, 62:14,

74:5, 75:4, 78:4, 78:18, 84:19, 85:18, 86:9, 86:10, 89:12, 91:12, 93:18, 101:20, 101:25, 103:17, 113:18, 114:10, 118:16, 118:23, 126:13, 126:17, 131:19, 135:23, 138:22, 142:2, 150:8, 150:11, 153:6, 153:7, 157:20 acted - 45:23, 106:13, 144:10 acting - 30:16, 78:17, 134:22 Action - 124:11, 125:3 action - 36:18, 87:10, 124:12, 159:12 actions - 15:19, 32:6, 32:12, 33:20, 34:17, 35:1, 35:7, 59:13, 74:8, 89:11, 93:25, 98:6, 118:12, 118:25 active - 112:3, 135:3, 135:4, 149:21 actively - 94:25 activities - 12:15, 12:18, 37:23, 61:13, 66:12, 67:6, 68:25, 89:13, 89:17, 94:2, 106:4, 111:1, 111:22, 112:2, 118:10, 150:3 activity- 12:16, 70:23, 109:15, 109:17, 109:19, 110:2 acts - 97:3 actual - 72:11 ad - 146:11 adapt - 116:12 adaptive - 6:21 add - 74:17, 87:14, 109:15, 110:2 addition - 12:21, 17:10, 19:6, 19:10, 59:18, 133:2 Additional

- 158:2 additional - 7:8, 19:22, 89:23, 90:17, 94:13, 97:10, 111:3 Additionally

- 8:6, 64:14 address - 10:7, 10:15, 17:20, 19:12, 158:1 addressed - 111:23 addressing - 6:12, 19:5, 19:6, 115:17 adequate - 87:4, 114:6, 143:5 adhere- 3:8, 85:17 adhered - 49:10 adhering - 35:11 adjourn - 158:11 adjust - 61:21, 124:14 administer - 16:5, 62:1 Administration

- 13:18, 21:23, 22:23, 24:15, 29:21, 30:21, 32:12, 35:3, 77:21, 87:25, 88:1, 94:6, 94:8, 95:4, 149:15, 153:2, 153:3, 155:19, 156:1, 156:19 administration - 94:24 Administration's

- 22:5, 22:9, 28:2, 30:20 administration's - 95:7 administrative - 3:24, 15:9, 89:1, 90:5, 93:14, 93:15, 150:8, 157:19 Administrative

- 45:22, 91:12, 93:17 administrator- 5:15, 10:2, 157:21 Administrator

- 27:21, 30:13, 66:14 administrators - 36:18 adopted - 91:14, 130:1 adult - 137:11, 137:16 advancement - 124:16 adversaries - 104:24 advisory- 26:5 advocate - 113:9, 113:10 advocates - 113:6, 124:1 aerial - 104:3 Affairs - 89:5, 105:9 affect - 9:3, 53:9, 68:25 affected - 54:15, 91:8 affects - 51:3, 134:4, 152:18 affirm - 78:2, 138:20 affixed - 159:13 afford - 61:5 affordable - 30:5, 39:24, 49:4, 95:1 afraid - 34:20 afternoon - 144:2 age - 35:24, 36:2 agencies - 45:9, 53:3, 84:17, 84:23, 92:9, 99:18, 106:9, 106:23, 147:2, 147:3 Agency - 1:1, 16:12, 22:24, 26:3, 27:3, 27:19, 31:22, 32:7, 32:9, 32:13, 49:6, 53:19, 74:8, 74:12, 75:11, 89:21, 92:2, 147:19, 157:17 agency - 50:7, 147:18 Agency's

- 5:14, 21:15, 25:19, 27:22, 65:8, 91:22 Agenda - 125:1 agenda - 3:19, 3:20, 22:5, 23:2, 50:7 agendas - 29:8 aggregate - 49:1 ago - 8:23, 16:15, 25:9, 47:2, 70:12, 78:16, 119:25, 137:11, 152:6 agree - 44:12, 102:24, 116:6 agreed - 154:14 agreement - 10:16, 10:20, 15:14, 15:15, 92:3, 103:16, 107:18 agricultural - 60:2, 70:23 agriculture- 67:7, 69:3, 115:25, 116:3 ahead - 63:16, 85:9, 111:8, 129:19, 131:14, 133:10, 135:15, 137:1, 138:7, 140:6, 143:20 aided - 159:7 ain't - 43:20 air- 12:6, 42:22, 45:19, 49:21, 56:5, 58:12, 80:14, 80:19, 80:23, 82:8, 116:7, 126:1, 126:15, 126:24, 130:14, 148:7 Air - 43:16, 44:9 Ak - 63:21, 63:23, 64:2 Alaska - 42:15 Alex - 155:12 all's - 146:8 Alliance - 113:6 allow - 15:2, 31:25, 32:18, 44:14, 44:15, 44:17, 54:6, 61:21, 69:14, 69:16, 90:22, 127:7, 136:12, 149:2 allowed - 8:7, 15:5, 33:2, 33:3, 66:18, 114:11, 118:6, 137:6 Allowing

- 126:11 allowing - 63:3, 88:2, 105:4, 142:24 allows - 36:24, 153:1 almost - 34:21, 87:11, 101:7, 122:9 alone - 90:7, 137:15 Alpha - 105:9, 105:12 aluminum - 34:1, 54:21, 54:22, 104:13 amazed - 122:6 amazing - 125:6, 130:5, 147:12 amazingly

- 126:3 ambulances - 58:8 ambush - 68:15 amend - 33:3 Amendment

- 110:1, 123:14, 123:18, 124:9, 128:12, 128:16 amendment - 87:14, 109:14, 110:1 America - 42:19, 60:22, 73:20, 98:5, 128:25 America's

- 50:9 American

- 22:12, 30:15, 72:18, 78:14, 95:1 Americans

- 23:15, 69:15 amount - 64:19, 130:5 amounts - 49:3, 91:21, 104:11 analysis - 12:24, 18:7, 18:14, 74:25, 122:14, 122:17 Ancient - 24:9 Anderson

- 48:16 Andy - 93:8 angry- 92:21 animals - 96:17, 144:18 anniversary- 36:4, 74:4, 78:19 announced - 61:10, 72:19, 100:4 annual - 72:14 annually

- 64:11, 64:15 answer- 66:19, 67:8 anti - 23:2, 90:14 anti-coal - 23:2, 90:14 anxiously- 106:16 apologize - 155:8 Appalachia

- 101:10, 102:4, 102:10, 106:15, 116:19, 117:5, 132:4, 141:5 Appalachian

- 14:5, 27:20, 66:17, 79:10, 99:1, 99:2, 100:1, 100:5, 101:6, 102:17, 102:18, 103:18, 106:11, 125:25 apparatus - 142:15 appeal - 143:1 applaud - 121:12, 121:14 Applause

- 15:20, 19:24, 23:3, 23:10, 23:23, 24:14, 24:19, 24:21, 27:5, 28:11, 28:24, 29:13, 31:14, 31:23, 32:13, 32:19, 33:13, 35:8, 37:7, 39:6, 41:15, 41:24, 42:3, 42:6, 42:12, 43:5, 43:14, 43:19, 43:21, 44:6, 44:18, 45:16, 46:13, 46:22, 47:6, 47:13, 48:8, 48:11, 50:12, 50:16, 52:6, 53:2, 53:24, 55:12, 57:17, 59:1, 60:18, 60:24, 61:4, 63:11, 65:18, 67:13, 69:24, 70:6, 71:21, 72:1, 73:21, 75:16, 78:6, 79:3, 80:1, 80:9, 80:14, 81:5, 81:19, 83:12, 84:5, 86:16, 86:20, 88:12, 88:22, 90:24, 91:6, 92:20, 92:23, 93:9, 93:10, 95:12, 97:12, 98:22, 100:20, 103:9, 105:1, 107:2, 108:23, 113:1, 115:9, 117:11, 119:10, 121:6, 123:8, 123:10, 127:19, 129:13, 129:18, 131:13, 133:8, 135:13, 137:1, 138:11, 140:5, 141:10, 143:8, 145:19, 147:22, 149:8, 150:23, 151:10, 153:12, 155:3, 155:12, 157:3, 158:13 applause- 3:2 applicable - 17:11 applicants - 10:6 application - 11:22, 15:9, 18:17, 25:15, 66:4, 86:24 applications - 13:6, 32:18, 38:8, 61:22, 111:17 applied - 14:4, 29:2, 29:7, 62:25, 67:5, 102:16, 116:18 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 2 applies - 131:19 apply- 17:12, 28:7, 61:11, 134:1 appreciate - 2:3, 15:10, 24:25, 35:11, 35:14, 55:10, 73:17, 85:8, 109:4, 125:15, 157:11 appreciated - 3:2, 49:2, 58:19 appreciation - 131:17, 157:8 appro - 87:5 approach - 13:19, 65:8 approaches - 7:6 appropriate - 6:10, 7:7, 14:21, 87:5, 89:21 approved - 16:21, 18:16, 25:10, 28:9, 38:3, 61:16, 62:9, 90:4, 118:21, 124:19 April - 16:18, 17:9, 17:13, 17:17, 32:20, 32:21, 47:21, 61:9, 61:18, 68:17, 103:20, 106:17, 111:23 aquatic - 9:1, 9:8, 68:25, 77:7, 104:11 arbitrary - 11:22, 12:12, 36:20, 45:25 Arch - 86:20, 88:10, 134:6 area - 3:14, 35:6, 52:13, 67:18, 70:23, 80:5, 85:6, 110:25, 116:23, 121:5, 141:14, 141:17 areas - 45:19, 49:21, 53:16, 113:25, 117:10, 126:20, 148:16 arm - 151:25 arrive - 15:12 arrogant - 62:3 arsonic - 79:3, 120:3, 120:23, 150:3 Article - 128:2 articles - 141:24 ash - 31:4, 52:15, 52:16, 52:20, 52:22, 52:23, 53:5, 146:7 ashamed - 136:16 Ashland - 64:2, 64:7, 64:9, 64:14, 64:22, 65:1, 65:2 aspect - 124:4 asphalt - 52:17 assault - 22:9 Assembly

- 52:12 assembly- 97:6 assess - 71:3 assessment - 19:4, 19:11, 87:21 assessments - 121:25 associated - 16:2, 131:19, 132:17 Associated

- 1:2 Associates

- 91:4 Association

- 61:4, 117:22 association - 89:7, 117:23 assumed - 142:6 assure- 142:12 assured - 12:22, 15:13 asteria - 122:7,123:6 asthma - 80:19 Atlanta - 5:14, 10:2 atmosphere - 80:21 attached - 121:25 attack - 42:5, 69:9, 106:7 attacking - 30:14, 30:21 Attacking

- 22:18 attacks - 31:9 attainable - 116:9 attempting - 31:4, 45:14 attempts - 103:23 attend - 21:17, 29:18 attending - 124:8 attention - 69:23, 98:13, 122:21 attorney - 93:11, 93:19, 121:10 attract - 44:2 attracting - 30:7 attractive - 30:2 auction - 97:25 Audience

- 23:25, 24:17, 24:24, 26:18, 27:2, 27:23, 28:1, 28:3, 30:10, 36:17, 36:21, 42:1, 42:19, 42:23, 43:2, 56:24, 57:4, 57:7, 60:8, 68:16, 70:4, 72:9, 75:20, 78:4, 79:24, 80:17, 81:4, 81:10, 81:16, 83:9, 83:11, 84:22, 85:6, 85:7, 86:15, 88:10, 88:16, 88:17, 112:20, 125:24, 127:19, 128:1, 129:13, 133:15, 151:9 auger - 34:25 August - 8:1, 65:5, 86:25, 112:3 author- 130:20 authorities - 33:8 authority

- 8:9, 16:5, 26:9, 27:25, 36:19, 45:12, 45:14, 74:20, 75:13, 86:8, 113:17, 118:20, 128:14, 157:1 Authority's

- 45:2 authorization - 8:16 authorize - 109:12, 109:24, 110:22 authorized - 109:16, 110:3, 111:2, 111:4, 111:24 automobile- 34:2 automotive - 29:25 availability

- 64:6 available - 4:1, 18:19, 39:23, 65:3, 118:2, 139:22, 158:3 Average - 73:10 average - 45:8 Avery - 80:7 await - 106:16 aware - 16:12, 58:5, 77:22 awful - 43:24 awry - 82:18 

# B Babe - 57:12 bachelors - 101:3 backbone - 40:3 backdoor- 22:13 background - 7:9, 29:23 backs - 149:3, 149:5 backwards - 51:7 bad - 58:21, 60:17, 91:17, 91:23, 92:2 balance - 40:13, 50:24, 104:22 balanced - 51:9, 143:13 balances - 129:4 Baltimore

- 70:13 Bamberger

- 103:11, 103:12 bankrupt - 24:5 banks - 52:20 bar- 23:6 Barr - 93:8 Barry - 63:19 barter- 51:10, 51:11 base- 122:4 Based - 49:15 based - 8:1, 9:5, 12:23, 14:6, 103:1, 103:5, 106:19, 132:24 basic - 7:15, 103:1, 115:24 basing - 26:4 basis - 12:13, 101:16 bathe - 152:20 bats - 103:25 battleground - 24:10, 24:12, 58:21 battles - 131:3 Beattyville

- 151:15, 152:12, 153:10 beautiful - 125:25, 154:6 became - 51:9, 112:2, 124:2 Becher - 141:12, 141:13 become - 40:7 becoming - 77:11 began - 136:8, 142:3 begin - 131:17, 139:10 beginning - 6:16, 6:23, 64:5 behalf- 11:13, 25:5, 29:9, 38:25, 73:25, 91:6, 113:7, 117:21, 122:3, 138:24 behavior- 27:22 behaviors - 124:16 behind - 20:3, 20:5, 44:7, 44:8, 143:13, 158:10 beholden - 142:15 beholder- 60:10 beings - 93:23, 140:9 believes - 113:22 Bell - 59:6, 137:3 belong - 106:20 belongs - 87:22 beloved - 83:4 Below - 104:6 below - 104:6, 136:2, 146:15 Ben - 25:5, 41:18 bench - 87:19 benchmark

- 14:4 benefit - 49:18, 61:8 benefits - 27:1, 49:23, 130:13, 130:25 Bennett - 73:23 Berea - 138:15 Beshear - 11:14, 13:18, 14:15, 71:16, 77:21, 127:7, 151:4, 153:2, 155:19, 156:1, 156:19 Beshear's

- 149:14 best - 19:3, 50:5, 57:25, 94:5, 103:2, 103:6, 139:9, 151:6, 159:8 Beth - 148:1 Betsy - 73:23 better- 13:17, 38:24, 80:17, 119:5, 129:12, 130:15 between - 40:13, 40:14, 52:18, 82:16, 96:21 Beyond - 78:11 Big - 56:7, 56:9, 76:14, 139:24 big - 79:19 bill - 129:1 Bill - 25:4, 58:24, 61:2, 133:11 billions - 31:2 bills - 59:23, 108:20 bind - 12:11 binds - 38:21 biodiverse - 84:1, 126:3 biological - 19:4, 19:11, 74:10, 130:1 biologically

- 140:17 biologists - 70:12 biology- 6:20, 146:2 biota - 104:12 birth - 126:19, 137:18, 137:22, 156:13 Bissett - 61:2 Bissmeyer

- 148:1, 148:2 bit - 3:10, 36:13, 36:14, 36:23, 111:11, 151:20 black - 130:25, 136:2, 136:3, 151:19 blackside - 146:15 Blankenship

- 97:8 blast - 64:16 bleak - 68:15 bless - 73:19, 147:20 blindly- 21:23 block - 4:21, 11:4, 20:2, 20:6 blocked - 37:22 blocking - 84:13 blocks - 4:20, 5:2, 63:14 blow- 38:14, 147:1 Blown - 80:21 blue - 151:8 Blue - 71:25, 72:1, 72:12, 72:17, 73:8 board - 129:4 Bobby - 34:18 boilers - 56:23 Boldman

- 75:24, 75:25 bologna - 34:10 book - 95:24, 95:25 borders - 82:4, 135:20 born - 82:2, 116:7, 137:3 borrow- 128:7 boss - 92:22, 152:4 bottle - 150:1 bottles - 47:5 bottom - 145:12, 155:21 bountiful - 82:4 Bowling - 29:25, 73:6 boy - 138:9 Boyce - 138:13, 138:14 Boyd - 67:25 branch - 5:19 breaking - 68:19, 145:4 breathe - 126:1, 126:15, 126:25 Breathitt - 46:22 Brent - 44:21 Brett - 29:17 Brian - 29:15, 109:1, 109:2 bribe - 96:23 brief- 5:5 briefly - 2:21, 4:3, 7:8 bring - 19:19, 41:22, 129:8, 139:16 broad - 130:24 broke - 42:10 broken - 47:4 brothers - 97:2 brought - 21:5, 123:23, 132:22, 141:17 brown - 80:23 Brown - 48:19, 48:22 Bruce - 11:7, 15:22 Budget - 35:21 budget - 50:24, 51:10 build - 29:3, 88:7 building - 58:8, 144:23 buildings - 81:4 bulldozers - 60:13 Bullskin - 144:3 bully - 96:15 bumper - 103:24, 148:17 bunch - 120:14, 147:9 burden - 24:2, 97:19 burdensome - 98:12 bureaucrats - 106:7 burning - 56:6, 57:8, 81:9 buses - 88:13 Bush - 128:24 business - 12:14, 22:25, 29:3, 30:1, 53:20, 56:20, 64:9, 69:14, 81:6, 89:7, 89:14, 106:7, 138:4, 139:14, 150:13 businesses - 24:5, 25:22, 57:4, 115:2, 118:8 busing - 142:8 butted - 96:17 buy - 29:4, 81:2, 152:19 buyers - 100:15 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 3 Buzard - 123:12 bypass - 27:24 

# C Cabinet - 6:8, 11:6, 11:13, 12:25, 15:12, 25:8, 36:9, 65:13, 71:16, 146:5, 146:12, 146:18, 147:1, 147:14, 150:10, 157:24 Cabinet's

- 99:13 calcium - 104:9 calculated - 71:6 Caldwell - 37:15, 130:19 callings - 82:6 campaign - 78:11, 106:10, 143:3 campus - 48:25 cancer- 126:19, 148:10, 150:15, 156:11 candidate- 93:21 cannot - 10:16, 13:5, 21:17, 24:18, 27:14, 29:17, 50:24, 73:3, 82:24, 100:15, 108:20, 126:16, 155:14 canoeing - 7:18 cap - 107:22, 107:23, 107:24, 123:25 capabilities - 115:17 capacity - 69:6, 118:13 Capillo - 140:8 capital - 106:1 Capitol - 27:16 capricious - 36:20 caption - 159:6 capture - 27:10 car- 103:24 carbon - 154:17 care - 7:1, 38:18, 52:24, 136:7, 155:19, 156:2, 156:3 cared - 131:4 career - 101:11 carefully- 6:19 cares - 155:11 Carmack - 21:10 carmakers - 73:7 carried - 106:9 cars - 52:3, 52:21, 58:8, 73:5 case - 15:17, 31:8, 58:22, 74:23, 85:13, 106:13, 106:17, 123:1, 132:15 Cast - 29:24 catch - 142:6 categories - 18:6 categorized - 109:20 category

- 71:8 Caterpillar

- 68:2 caught - 141:25 caused - 137:22, 140:17, 142:22 causes - 104:4 causing - 69:10 celebrate - 68:11 celebrated - 78:19 celebrating - 74:4 cell - 3:11 center - 44:24Center - 1:16 centered - 45:25 centers - 60:15, 134:23 central - 106:11 Central - 43:10, 43:23, 66:17, 116:19, 117:4, 141:5 centralized - 98:17 centuries - 135:4 Ceo - 65:23 Ceo's - 155:21 certain - 36:25, 40:20, 102:17, 123:16, 142:19 certainly- 41:3, 155:10, 156:3 certainty

- 12:20 Certificate

- 159:1 certification - 86:1 certify - 159:5, 159:10 Cfr - 18:18, 19:10 Chad - 89:3 chain - 52:17 chain-link

- 52:17 chair - 2:23, 3:20, 9:20, 115:13, 138:17 Chair - 31:19, 46:23, 48:17, 84:10 chaired - 36:21 Chairman

- 39:13, 39:17 challenged - 72:2 challenges - 8:22, 106:17, 115:18 challenging - 64:24 Chamber

- 89:5, 89:6 chance - 4:11, 4:13, 21:1, 38:7, 83:1, 88:23, 146:13, 146:15 Chandler

- 25:5 Chaney - 128:23 change - 35:4, 38:10, 115:18, 139:13 changed - 17:15, 17:16, 32:23, 32:25, 35:4, 38:1, 42:9, 49:13, 107:20 changes - 17:8, 17:10, 45:23, 98:14, 113:9 Changing

- 68:17 changing - 107:20, 124:15, 139:13 chaos - 118:24 Chapter - 74:1, 76:1, 84:10 charge- 37:1 charged - 53:19, 62:1 Charlie - 2:8, 5:11, 9:15, 10:25, 157:7 cheaper- 81:14, 144:22 check - 47:6 cheering - 24:23 chemical - 18:25, 74:10 chemicals - 152:13 Chevrolet

- 73:6 chief- 5:18, 26:2 child - 82:25 childess - 131:11 childhood - 117:4 children - 57:9, 82:12, 82:19, 83:5, 83:6, 120:4, 129:25, 130:1, 149:7, 150:12, 151:21, 152:21, 156:13 Children - 80:19 children's - 52:22 choice - 39:22, 82:17 choose - 49:25, 82:16 choosing - 83:22 chose - 92:16 chosen - 74:19, 91:10 Chris - 5:17, 70:17, 109:4, 120:1, 158:4 Christ - 97:4 Christian

- 44:24 Christie - 93:1 Christmas

- 57:10 chromium - 79:3 chronic - 74:17, 150:16 Chuck - 125:17 circumvent - 22:11 cited - 19:14 cities - 16:10 citing - 45:17 citizen - 93:21, 97:17, 101:9, 103:12, 116:5, 121:11, 123:12, 138:17, 150:10 citizens - 12:9, 53:22, 59:17, 63:7, 73:19, 76:20, 77:22, 82:2, 83:20, 91:9, 113:8, 114:21, 115:2, 142:19, 149:2, 153:3 citizens' - 150:19 city - 108:4, 140:15, 145:1, 152:12 clarity - 6:13 Clay - 33:17, 34:14, 144:1 Clean - 7:14, 7:19, 11:16, 13:12, 31:25, 43:16, 44:8, 49:11, 53:18, 61:23, 62:14, 74:5, 75:4, 78:4, 78:18, 80:19, 84:18, 85:18, 86:9, 89:12, 101:25, 103:16, 113:18, 114:10, 118:16, 118:22, 126:12, 126:17, 131:18, 135:23, 138:22, 142:2, 150:8, 150:10, 153:6, 153:7, 157:20 clean - 28:20, 49:21, 54:11, 54:13, 54:15, 55:1, 80:18, 82:16, 83:10, 83:17, 113:7, 113:19, 115:1, 115:3, 116:6, 126:5, 134:17, 135:18, 138:10, 139:19, 140:13, 149:6, 150:19, 150:21, 156:4 cleaned - 132:25 cleaning - 48:6 clear - 28:8, 28:13, 29:20, 77:18, 96:11, 126:16, 144:4, 150:18 clearest - 22:8 clearly- 26:13, 27:8, 76:22, 124:2 Clearly - 82:17, 114:5 Clerk - 107:5 Cleveland's

- 141:24

Clewett - 70:2, 70:3 clients - 93:20 Climate - 124:11, 125:3 climate - 89:14, 124:12, 124:16 climb - 125:24 clock - 110:19, 111:8, 111:10 close - 15:10, 58:23 closed - 56:20, 60:4 closely - 15:12 closing - 38:13, 59:18, 157:6 closures - 69:11 clothes - 97:5, 97:7 cloudy- 77:5 Club - 70:4, 74:1, 76:1, 78:10, 84:11, 121:17, 121:18, 121:19, 155:13 Clyde - 151:20, 152:3, 152:25 co - 28:16 co-founder- 28:16 Coal - 1:2, 13:14, 25:16, 25:20, 29:22, 39:22, 45:5, 45:7, 57:23, 61:3, 65:23, 71:25, 80:9, 84:11, 86:20, 88:10, 91:3, 104:18, 107:7, 109:3, 114:22, 132:15, 134:6, 148:18, 148:21 coal - 5:22, 6:2, 7:2, 8:5, 8:8, 8:21, 14:5, 16:2, 16:11, 16:17, 16:20, 22:10, 22:14, 22:15, 22:17, 22:25, 23:2, 25:13, 25:24, 26:19, 26:22, 26:24, 27:20, 28:3, 28:5, 28:14, 28:23, 29:3, 29:20, 30:6, 30:14, 30:20, 30:22, 31:4, 31:9, 31:12, 31:23, 31:24, 32:10, 34:7, 34:24, 35:22, 35:25, 36:11, 37:13, 37:14, 37:15, 37:19, 38:7, 38:11, 38:16, 39:2, 39:21, 40:1, 40:2, 42:7, 42:22, 43:12, 43:13, 43:23, 43:24, 44:1, 44:24, 45:1, 45:4, 46:1, 46:18, 46:20, 46:25, 47:8, 47:11, 47:12, 47:19, 48:1, 48:10, 49:4, 49:9, 49:17, 49:19, 49:24, 50:17, 50:20, 51:21, 52:13, 52:15, 52:16, 53:5, 54:10, 54:11, 54:14, 54:18, 56:1, 56:4, 56:6, 58:1, 58:10, 58:16, 59:6, 59:9, 59:11, 59:16, 59:19, 61:6, 61:20, 63:10, 64:6, 64:15, 65:4, 68:8, 68:9, 68:15, 68:23, 68:24, 69:5, 75:9, 76:11, 76:21, 79:17, 79:23, 80:11, 80:15, 80:16, 80:18, 81:14, 83:21, 84:3, 84:17, 84:25, 85:2, 85:12, 88:16, 89:16, 89:25, 90:8, 90:9, 90:14, 90:17, 90:22, 91:5, 91:9, 93:11, 93:13, 94:9, 94:11, 94:15, 95:7, 95:20, 96:7, 96:15, 97:23, 98:7, 99:14, 100:2, 100:6, 100:15, 102:18, 103:14, 104:10, 104:16, 105:13, 105:18, 106:6, 106:10, 106:15, 106:22, 108:10, 110:25, 112:8, 112:18, 112:19, 113:23, 114:14, 114:19, 117:7, 118:3, 118:9, 119:3, 120:20, 121:21, 126:21, 127:6, 129:6, 130:12, 131:1, 131:4, 131:20, 132:12, 133:14, 133:23, 134:1, 136:3, 140:25, 141:2, 141:4, 143:2, 146:16, 148:14, 148:16, 149:22, 151:7, 151:25, 152:3, 152:17, 155:21, 156:25 coal's - 100:9 coal-filled - 8:21 coal-fire - 59:19 coal-fired - 54:18, 97:23 coal-generated - 104:10 coal-powered - 49:4 coal-producing - 31:23, 31:24, 37:13, 46:18, 52:13, 59:6, 91:5 coal-supporting - 37:15 coalfields - 39:12, 60:17, 64:4, 77:23, 106:12, 117:5 Cole - 151:13, 151:14 collaborations - 65:9 colleague - 71:1 colleagues - 50:5 collect - 128:6 college - 67:2, 94:20 Collins - 34:19, 39:16 combination - 18:25, 19:9 combined - 87:1, 112:7 Combs - 46:20, 47:14 combustion - 31:5 coming - 4:25, 47:7, 47:10, 55:9, 77:11, 108:1, 109:4, 119:21, 122:8, 137:19, 146:14, 147:23 commencing - 1:10 commend - 119:23 comment - 3:4, 9:21, 63:22, 75:15, 75:23, 76:3, 89:19, 91:14, 129:18, 145:18, 151:11 comments - 2:18, 3:21, 3:22, 4:11, 7:11, 9:18, 9:22, 9:25, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 4 11:15, 11:23, 15:25, 17:20, 19:21, 19:22, 20:9, 21:4, 21:14, 35:13, 65:17, 67:19, 70:16, 73:24, 76:25, 94:4, 97:10, 105:11, 107:15, 122:1, 122:4, 123:8, 123:9, 133:9, 140:3, 145:24, 149:25, 157:5, 157:13, 157:14, 157:15, 158:1, 158:8 commerce - 128:3, 128:8 Commerce

- 89:5, 89:6 Commission

- 159:21 Commissioner

- 11:6, 15:21, 15:22 committed - 18:1, 63:6 committee - 35:21, 36:4, 73:25, 75:25, 124:8 Committee

- 37:17, 39:15, 39:19, 46:24, 48:18 common - 6:10, 144:11 commonly

- 115:21 Commonwealth

- 7:4, 16:4, 16:9, 26:23, 38:23, 45:21, 46:19, 47:17, 50:4, 53:14, 57:6, 61:16, 62:15, 74:3, 75:10, 76:2, 78:12, 80:8, 81:25, 83:4, 91:24, 109:20, 113:8, 121:12, 138:18, 138:25, 148:3, 159:5 Commonwealth's

- 7:22, 49:19, 61:25, 75:12 communities - 8:22, 21:25, 26:21, 62:21, 71:4, 77:3, 77:8, 77:19, 77:25, 84:14, 84:20, 98:6, 98:8, 103:19, 126:18, 139:7, 148:9, 148:12, 148:16, 148:24, 156:18 community

- 12:20, 12:22, 14:25, 52:15, 73:12, 104:18, 106:3, 112:7, 112:10, 112:11, 119:2, 124:5, 154:3 companies - 6:17, 24:8, 26:13, 54:10, 59:16, 61:21, 68:5, 69:14, 76:22, 83:21, 84:3, 93:13, 96:7, 104:16, 108:11, 127:6, 132:12, 142:7, 142:12, 142:16 Company

- 65:24, 71:25, 132:16 company

- 36:11, 42:25, 48:24, 64:4, 69:11, 108:13, 109:3, 111:21, 142:22, 142:25, 154:10, 154:13 company's - 103:15 compare- 134:19 compared - 148:11 compelled - 11:19,37:20 compete - 22:2, 30:10, 64:24 competing - 118:7 competition - 100:11 competitive - 34:3, 65:2 competitively

- 65:4 competitiveness - 64:7, 65:15, 69:19 complain - 77:9 complaining - 120:19 complete - 4:1, 74:24, 99:15, 125:4 completely- 116:6, 136:16 completing - 124:12 completion - 132:22 complex - 28:4 complexes - 132:18 compliance - 63:4, 98:20, 104:15, 132:13, 132:22, 146:25 compliant - 103:16 complicated - 104:19 complications - 151:19 comply- 53:17, 66:15, 78:3, 127:4, 138:21 comprehensive - 103:18 comprehensively

- 71:3 computer- 147:5, 159:7 computer-aided - 159:7 concentrations - 104:9 concern - 9:6, 27:18, 68:14, 77:13 concerned - 6:1, 8:16, 26:7, 65:25, 83:2, 87:19, 89:11, 89:15, 93:16, 93:19, 93:22, 101:9, 118:12, 121:11, 130:18, 138:17, 144:12, 155:20, 156:2 concerning - 157:22 concerns - 6:4, 6:13, 9:11, 10:15, 11:25, 17:20, 18:5, 25:14, 26:2, 27:3, 76:4, 76:20, 77:4, 94:1, 142:9, 149:2 concluded - 158:14 concludes - 20:1, 104:3 conclusion - 86:8 condition - 139:18 conditioning - 56:5 conditions - 6:11, 7:16, 71:10 conduct - 5:16, 62:13, 74:24, 102:13 conducting - 11:15 conductivity

- 14:5, 14:12, 19:8, 47:6, 66:3, 66:10, 66:13, 66:19, 67:4, 68:24, 69:4, 70:18, 70:22, 74:18, 104:7, 107:25, 108:1, 108:2, 108:5, 121:24 Conductivity

- 104:10, 107:25 Conference

- 31:21 confided - 137:12 confident - 116:11 conformance - 16:25 confused - 41:25, 42:4, 51:25 Congress

- 21:16, 22:11, 27:25, 45:12, 88:4, 93:9, 93:22, 128:6, 128:10, 128:11 Congressional

- 14:21, 36:19, 93:10 Congressman

- 25:5, 27:13, 27:18, 28:13, 29:10, 29:16 consecutive - 94:19 consent - 40:24, 40:25, 41:2, 41:3 consequences - 15:18, 34:17, 35:7, 104:2, 132:14 consequent - 118:14 consider- 108:21, 117:8, 157:19 consideration - 73:17 considered - 157:16 considering - 9:24, 65:16, 117:7 consistent - 11:25, 17:23, 18:18, 19:10, 150:7 consistently- 29:2, 30:4 consisting - 109:13, 109:25, 110:23 constant - 28:6, 124:15 constantly

- 64:17 constituents - 22:4, 25:12, 52:16 Constitution

- 123:16, 123:20, 128:2, 128:18 constitutional - 33:8, 92:12 construct - 132:19 construction - 66:11, 67:7, 68:2, 69:2 constructive - 102:22 construed - 123:17 consultant - 65:24 consumers - 104:16 consumes - 64:14 contact - 9:19, 158:4 contain - 150:2 containing - 90:3 contains - 7:16 contaminated - 77:9 contaminating - 76:15 contamination - 14:12 contemptible - 27:22 continue - 13:16, 56:18, 57:3, 65:2, 66:18, 75:7, 79:7, 90:23, 99:21, 103:21, 113:24, 114:1, 131:10, 136:6, 142:25, 144:23, 150:13 continued - 17:19, 144:16 continues - 116:22, 150:17 continuing - 19:18 contribute- 18:10, 75:2 contributing - 9:18, 133:3 contributions - 143:3 contributor- 30:7 control - 5:18, 9:7, 41:9 Control - 13:12, 101:20 controlling - 7:15 controls - 97:24, 145:10 controversial - 114:22 controversy

- 99:9, 102:9 Convention

- 1:16 conversation - 107:16, 144:19 conversations - 3:13, 67:17, 85:5 convert - 72:20 convey- 25:13 cook - 152:20 Cooper - 153:15 cooperative - 90:20 coordination - 100:4 copies - 7:25 copper - 42:15 copy - 2:23, 3:19, 21:5 corner- 4:7, 4:22, 63:17 Corporation

- 63:21 corrective- 154:22 corruption - 146:24 Corvettes

- 73:6 cost - 6:13, 49:16, 50:9, 61:9, 64:6, 64:25, 80:25, 87:21, 94:15, 97:22, 118:1, 118:3, 119:3, 136:12 costly- 97:20, 98:12 costs - 90:16, 116:24 Couch - 133:12 Council - 31:19 counsel - 36:10, 159:11 count - 153:19 counter - 31:6 counterpoints - 15:3 Counties

- 48:16 counties - 37:13, 37:15, 46:18, 51:3, 59:6, 72:14, 72:16, 108:10, 108:14, 156:14 countless - 152:22 countries - 56:24, 56:25 country - 15:5, 21:18, 23:20, 23:21, 25:23, 30:8, 40:3, 43:1, 45:15, 88:5, 98:15, 105:14, 113:13, 115:5 county - 51:9, 51:23, 54:17, 55:25, 56:21, 58:1, 58:4, 58:6, 58:13, 91:5, 133:22, 137:9 County - 33:17, 34:15, 41:20, 43:10, 44:24, 44:25, 46:22, 48:20, 50:15, 51:19, 54:3, 54:4, 54:18, 54:20, 54:23, 55:24, 55:25, 57:22, 57:23, 59:6, 59:7, 59:9, 72:16, 76:13, 76:17, 91:4, 94:17, 103:13, 107:5, 107:6, 108:7, 119:16, 125:21, 131:2, 133:14, 134:2, 135:17, 138:16, 144:1, 149:19, 151:15, 151:16, 154:3, 159:3 County's

- 48:23, 58:23 couple - 111:9 courage - 136:1, 149:18, 150:20 course- 27:14, 27:15, 53:15, 150:5 Court - 159:19 courtesy

- 2:25, 21:2, 35:12, 70:6, 75:22, 85:8 covered - 132:16, 145:12 covering - 44:23 Covington

- 141:13 craft - 129:4 crammed - 151:23 create - 14:19, 41:9, 80:9, 100:14 created - 40:13, 40:19, 41:7, 42:21, 74:9 creates - 80:10 creating - 30:14, 45:11, 56:7 creation - 65:16, 82:7 Creator - 40:20 credible - 15:3, 99:13 Creek - 135:17, 144:4 creek - 134:14, 137:6, 137:7, 137:9 creeks - 51:20, 136:2, 136:3 Cress - 117:20 crisis - 94:22 criteria - 36:25, 37:1, 49:13 critical - 26:11, 40:5, 64:7, 67:3, 69:17, 86:4, 118:15 critically - 5:23, 25:16 criticism - 102:23 Crittenden

- 37:16 critters - 71:2 cro - 129:7 crowd - 23:14, 149:17 crown - 129:7, 129:12 crucifixion - 91:21, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 5 129:10 crucify - 23:1, 24:8, 91:9, 107:11 crucifying - 50:8, 106:22 cubicle - 147:4 Cumberland

- 74:1, 76:1, 84:10, 130:20 cumbersome- 22:13 cumulative- 87:21 cup - 134:14 curing - 145:1 curiously- 66:4 current - 26:12, 65:25, 88:1, 98:1, 102:11, 116:22, 124:15 curtailment - 90:17 Curtis - 150:25, 151:1 customers - 68:12 cut - 3:3, 146:24 cuts - 97:21 cutting - 50:24 Cuyahoga

- 141:25 cycle - 20:8, 31:10, 152:23 cycling - 104:5 

# D dad - 59:11, 133:21, 137:4 daily- 148:7 Daily - 52:20 damage - 70:11, 81:15, 142:22 damaged - 32:11, 71:12 Dan - 65:21 dangerous - 142:14, 156:8 Danielle - 27:12 darter- 146:15 data - 9:25, 18:20, 72:11, 84:24, 122:15, 147:5 date - 32:20, 32:21, 33:2, 87:10 daunting - 21:22 Dave - 153:15, 155:14 David - 31:17, 57:20, 91:2, 131:15, 131:16 day-to-day

- 58:9 days - 10:15, 57:2, 144:13, 144:15, 145:11 Dc - 36:5, 59:14, 106:7 de - 14:5 dead - 142:1, 155:17 deal - 58:2, 153:19 dealing - 119:17, 141:18 deals - 146:24 dealt - 70:18 death - 91:21, 97:21 debt - 51:10, 51:11 Decades - 135:4 decades - 118:22 December

- 62:16, 87:6, 143:25 decided - 43:17, 95:21, 144:8 decision - 10:2, 10:8, 91:8, 91:22,91:23, 103:6, 106:12,

118:4, 121:13 decisions - 9:24, 10:4, 12:12, 12:22, 26:8, 53:9, 79:8, 79:25, 91:15, 92:7, 99:7 Declaration

- 40:10, 40:17 decline - 102:19 decreased - 156:14 deeds - 130:24 deemed - 11:21 deep - 54:8, 101:13, 131:17, 151:22 deeply- 83:2 defecate - 140:10 defects - 126:19, 137:18, 137:22, 156:13 defend - 86:12 defending - 74:8 defined - 26:13 definitely

- 136:1, 140:12 degrade - 113:24 degrading - 83:19 degree- 146:2 degrees - 36:5, 101:3 deicing - 70:24 delay- 24:24, 49:8, 49:15, 91:20, 112:13 delaying - 30:23, 91:16 delegated - 14:23, 16:5, 74:20, 75:13, 123:19, 128:17 delegation - 16:24, 48:5 demand - 100:16, 119:4 Democrat

- 39:10, 46:23, 151:4 denial - 103:13 denied - 33:4, 130:25, 134:3 Denise - 1:22, 159:4, 159:18 Denny - 50:14 deny - 2:6, 94:25, 123:17 denying - 30:23, 127:2 Dep - 91:24 Department

- 11:7, 15:23, 91:19, 156:20 department - 56:10 dependent - 56:1, 56:4, 82:4, 118:1 depicted - 114:2 deplorable - 44:5 depress - 44:16 depressed - 117:10 depressing - 44:3, 44:5 Depression

- 94:23 deprive - 46:10 deriving - 40:23 described - 99:9 describing - 110:8 desecration - 82:21 deserve - 38:24, 122:20 deserves - 83:1, 140:13 Desha - 155:12 designated - 5:16 designed - 12:14, 19:12, 139:6, 156:7 desire - 7:4, 96:24, 116:20 desired - 116:21 desperate - 63:7, 150:18 desperately

- 49:22, 99:6 Despite - 13:8, 30:12 despite - 86:14 destiny- 15:4 destroy - 8:25, 80:13, 81:13, 98:6, 131:10 destroyed - 98:9, 98:10, 145:5, 145:14 destroying - 41:1 destruction - 83:23, 156:10 destructive - 84:15, 84:20 desulfurization - 56:10 detail - 3:9, 4:24, 5:6 detailed - 4:12 details - 99:7 deteriorating - 127:12 determination - 157:18, 157:22 determinations - 18:13 determine - 15:4, 18:8, 65:8 determined - 106:13 devastating - 62:5, 73:14, 84:21 devastation - 41:2, 148:21 devastations - 148:14 develop - 90:21 developed - 6:15, 85:18 development - 60:8, 60:9, 60:16, 67:9, 102:8, 116:14, 134:20 devised - 106:9 Diamond

- 71:25, 72:1, 72:12, 72:18, 73:8 Dick - 128:23 dictate - 96:24 dictatorial - 61:19 die - 47:13, 108:18, 120:15 Die - 29:24 died - 151:18 dies - 88:16 diesel - 154:11 difference - 60:18 different - 46:4, 105:24, 123:4, 147:2 difficult - 21:19, 95:8, 116:25, 145:2, 153:21 difficulties - 117:3 dig - 120:20, 151:25 diligently

- 54:11 dinner - 78:22 direct - 35:18, 73:13, 85:13, 90:13 directed - 68:23, 145:24 directions - 126:2 directly - 10:21, 31:6, 33:24, 34:6, 143:2 director- 113:5 Director - 5:13, 23:8, 63:20, 89:4, 103:17 dirty- 43:14, 97:7 disagree - 24:15, 49:7, 72:21 disaster- 76:13 disasters - 23:19, 130:17 disastrous - 59:20 discharge - 7:12, 9:14, 18:20, 18:21, 66:7, 66:18, 72:6, 74:18, 74:21, 76:18, 86:13, 86:25, 99:11, 109:12, 109:24, 110:22, 111:25, 132:17 Discharge

- 7:13 discharged - 109:19 discharges - 7:21, 8:17, 16:1, 16:9, 18:9, 74:25, 114:10, 114:14, 131:19 Discharges

- 1:2, 132:21 discharging - 109:21, 114:16 disconcerting - 14:3 discovered - 76:19 discuss - 4:23, 25:9, 147:7 discussing - 7:11 discussion - 15:7, 140:19 discussions - 92:4, 141:8 disease - 148:11, 151:19 diseases - 150:16 disenfranchise - 53:18 disparage - 123:17 disparities - 102:21 displace- 69:1 disposal - 31:10 disregard - 106:8 disregarded - 38:4 disrupt - 104:11, 118:10 disruption - 32:3, 32:5 disruptions - 3:1, 3:5, 3:14 dissolved - 19:8, 68:24, 104:8 dissonance - 24:9 distribute- 49:5 distributors - 68:3 District - 35:17, 37:12, 38:24, 39:11, 41:20, 43:9, 44:23, 46:17, 48:15, 52:11, 52:12, 93:10, 143:25 district - 28:18, 39:1 districts - 157:24 disturb - 69:1, 69:3 disturbance - 66:8 disturbing - 66:12, 67:6 div - 84:1 diverse- 139:11 diversify- 25:23, 138:3 division - 114:24 Division - 5:13, 8:2, 8:3, 8:6, 8:11, 8:18,

10:5, 10:11, 10:13, 10:17, 26:9, 38:9, 49:10, 59:25, 61:25, 74:24, 76:6, 86:2, 87:8, 90:2, 90:21, 91:19, 111:24, 122:13, 122:23, 137:10, 137:12 divisive - 114:23 documenting - 45:13, 86:6 documents - 89:18, 89:23 dollars - 31:3, 48:25, 90:10, 106:3, 136:10, 136:12 domestic - 25:17, 50:8 Don - 86:19, 97:7, 129:20, 141:12 done - 12:18, 23:5, 61:6, 67:22, 70:8, 71:9, 74:23, 87:20, 101:15, 120:9, 123:2 door- 60:7, 94:17 Dorsey - 37:11 Doubletree

- 159:19 doubt - 26:18 Dow - 71:9, 71:14, 71:17, 71:19, 157:24 Down - 134:21 down - 20:2, 22:14, 34:18, 50:22, 50:24, 51:6, 54:14, 56:20, 60:4, 60:11, 69:7, 78:18, 95:25, 96:4, 96:9, 97:20, 97:23, 107:16, 110:11, 110:13, 133:24, 134:12, 134:19, 135:4, 135:19, 152:1, 153:24, 156:6 downright - 28:12 downsizing - 69:11 downstream - 6:22, 70:9, 76:7, 85:1 downtown - 145:3 Dr - 70:17, 70:21 Draft - 1:2, 109:11, 109:23, 110:21 draft - 7:25, 9:5, 10:14, 16:1, 16:14, 17:22, 111:20, 111:23 drafted - 8:11, 40:10 drains - 135:1 dramatically- 119:1 drank - 47:4, 152:10 drawing - 59:17, 129:4 dreams - 40:9 drink - 82:12, 95:21, 96:11, 96:13, 120:2, 120:22, 126:14, 126:25, 134:13, 134:14, 134:15, 134:16, 134:25, 135:1, 135:3, 137:15, 150:4, 150:12, 152:12, 152:19, 153:9, 155:15 drinking - 7:19, 9:3, 114:12, 120:6, 139:19, 140:14, 153:21, 154:8, 154:9, 154:11 drive - 57:3, 140:22 driven - 66:1 drivers - 34:8, 43:25 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 6 driving - 56:19, 133:5 drop - 56:13 drowning - 31:2 drums - 119:19, 119:20 due - 8:20, 34:25, 59:13, 72:21, 97:23, 100:10, 124:3, 124:14, 148:15, 151:18 Due - 4:16 Dugan - 97:16, 97:17 dump - 53:5 During - 152:8 during - 111:10, 135:3 dust - 136:3, 149:22 duties - 128:7 duty- 29:6, 29:7, 62:1 

# E early - 35:24 Earth - 78:21 earth - 66:12, 67:6, 82:6, 131:10 earth's - 66:8, 82:21 easily - 114:8 east - 48:1, 108:3 eastern - 9:1, 11:17, 16:2, 16:23, 28:16, 28:19, 29:10, 44:4, 51:23, 55:3, 61:13, 62:6, 62:8, 62:10, 66:5, 70:9, 73:2, 73:14, 77:3, 77:22, 88:15, 91:10, 92:10, 96:19, 112:22, 113:25, 118:17, 133:17, 135:7, 135:9, 137:19, 139:3, 140:25, 141:15, 148:6 easy- 139:12 eat - 79:1, 96:12, 152:15 eaten - 78:25 eating - 78:24 echelons - 147:14 eco - 38:20 economic - 15:4, 21:20, 27:1, 32:3, 32:5, 35:22, 43:25, 49:23, 50:1, 60:8, 60:9, 60:15, 69:20, 82:20, 89:15, 102:21, 129:5, 134:20, 148:15 Economic

- 73:15 economically

- 26:17, 117:10 economies - 98:10, 124:17 economy

- 7:3, 30:10, 37:24, 38:15, 41:2, 48:23, 58:2, 62:7, 62:11, 73:3, 90:6, 90:14, 91:10, 119:8, 139:11 ecosystem - 82:25 ecosystems - 104:5 Ed - 151:18, 152:2, 152:24 edified - 129:11 Edmonds

- 46:21, 47:15 education - 28:18, 115:16 effect - 62:5, 73:13,89:14, 90:6 effective - 61:11, 62:4, 63:1, 118:20 effectively

- 68:18, 85:20 effectiveness - 6:14 effects - 90:13, 124:3 efficient - 64:18, 102:1 effluent - 19:2, 87:5 effort - 17:25, 19:19, 55:4, 62:21, 139:16 efforts - 15:11, 64:24, 75:7, 83:10, 106:14, 131:18, 131:20 egregious - 132:4, 132:13 eight - 98:1, 119:18, 120:13 either - 94:21, 128:21, 134:14, 150:13 elect - 47:18 elected - 26:5, 35:19, 36:15, 36:19, 50:3, 95:5, 96:22, 131:1 election - 66:20, 67:3, 92:18 electoral - 67:2 Electric - 56:8, 56:9, 72:18 electric - 59:23 electrical - 59:22, 104:7 electricity

- 25:20, 26:21, 30:4, 30:5, 39:22, 45:3, 45:5, 45:7, 49:4, 56:1, 56:5, 56:7, 64:11, 65:1, 69:6, 94:15, 97:23, 100:10 elevate - 116:25 elevated - 52:18, 104:8, 104:11 eliminate - 21:24, 28:25, 90:8 eliminated - 70:22 Elimination

- 7:13 elk - 83:25 eloquently

- 130:11 embark - 53:14 embody- 103:23 embraced - 13:22 emissions - 31:1, 124:21 emotions - 140:22 emphasize - 9:23, 131:23 employ- 89:9, 93:13, 93:21 employed - 94:14, 105:19, 159:10 employee - 68:5, 69:10 employees - 68:10, 69:22, 72:13, 72:24, 93:12, 119:7, 142:7 employers - 30:7, 118:5 employment - 21:21, 50:25, 59:21, 100:6, 117:9, 146:23 employs - 63:24, 94:12 emptying - 87:18 enable - 71:19, 95:9 enabling - 53:20 enacted - 88:4, 113:13 encourage - 9:17, 69:12, 117:6, 146:10, 147:10, 147:15 encouraged - 102:7 end - 41:11, 65:11, 71:8, 92:13, 102:3, 122:8, 132:20, 141:1, 155:11, 157:10 ended - 98:17, 144:25, 145:3, 147:1, 147:3 ending - 31:12 endowed - 40:19 endurance - 124:10 enemy- 26:24 energy - 5:24, 13:24, 22:21, 23:19, 25:17, 25:23, 26:1, 26:16, 30:1, 30:14, 34:4, 43:25, 50:9, 54:19, 54:24, 60:22, 61:9, 64:6, 64:9, 64:13, 64:17, 64:19, 69:17, 73:7, 80:12, 81:1, 81:8, 81:14, 90:16, 95:2, 116:24, 118:2, 118:3, 118:11, 119:3, 119:5, 124:20, 130:13, 149:15 Energy - 6:8, 11:5, 11:13, 12:25, 25:7, 37:18, 48:18, 71:16, 84:10, 107:17, 150:9 energy-producing - 30:14 enforce - 12:5, 53:3, 83:10, 86:9, 98:18, 126:16, 131:18 enforceable - 114:9 enforced - 13:4 enforcement - 32:2, 36:10, 113:11, 139:5, 147:3, 153:8 engaged - 99:5 engaging - 26:3 engineer- 65:23, 101:2, 101:4, 101:7 engineering - 101:3, 103:1, 115:14, 115:15, 117:7 engineers - 102:23, 115:17 enhanced - 13:19, 13:22, 100:3 enjoy - 101:18 enjoyed - 78:21 ensued - 101:23 ensure- 2:17, 7:1, 7:21, 12:17, 13:3, 85:21, 86:1, 117:1, 142:11 ensuring - 13:19 entering - 147:4 entire - 44:1, 44:5 entrusted - 104:17 enumeration - 123:15 environment - 2:19, 6:3, 12:8, 13:3, 14:19, 15:8, 26:11, 28:15, 29:6, 31:13, 53:20, 65:15, 75:8, 86:11, 104:21, 124:23, 127:9, 139:20, 139:22, 149:6 Environment

- 6:8, 11:6, 11:13, 12:25, 25:8, 37:17, 39:14, 71:17, 150:9 Environmental

- 1:1, 5:13, 11:8, 12:13, 15:23, 21:14, 27:19, 31:22, 32:7, 32:9, 32:13, 36:9, 49:6, 74:12, 91:19, 105:9, 132:10, 146:4 environmental - 8:22, 12:4, 13:3, 13:19, 13:25, 23:1, 26:25, 28:17, 28:25, 31:11, 66:25, 68:21, 99:10, 115:20, 116:10, 116:16, 116:17, 124:19, 129:5 environmentalist - 98:5 environmentally

- 13:15, 42:7 Epa - 1:2, 6:5, 6:7, 7:4, 7:25, 8:9, 8:16, 10:17, 11:20, 13:1, 13:22, 14:3, 14:13, 14:16, 14:19, 14:22, 15:15, 16:5, 16:13, 16:19, 16:25, 17:3, 17:5, 17:7, 17:16, 17:19, 18:3, 18:16, 19:17, 19:18, 19:23, 22:5, 22:10, 22:22, 23:10, 23:14, 23:23, 23:25, 24:1, 24:7, 24:16, 26:7, 26:24, 27:21, 27:24, 29:5, 29:11, 30:12, 30:16, 30:22, 30:25, 31:4, 31:9, 31:12, 33:21, 35:1, 35:18, 37:21, 37:25, 38:17, 39:2, 41:22, 42:13, 44:6, 44:13, 45:10, 46:25, 49:10, 50:10, 51:25, 53:17, 54:5, 56:22, 58:17, 59:13, 59:19, 60:4, 60:19, 61:5, 61:10, 61:16, 62:9, 62:10, 62:16, 62:22, 62:23, 63:9, 63:22, 65:6, 65:9, 65:12, 65:25, 66:13, 67:10, 68:16, 69:10, 69:12, 71:12, 72:3, 72:21, 74:16, 74:21, 75:7, 76:9, 78:2, 81:16, 83:22, 84:4, 85:15, 85:20, 86:1, 87:3, 88:2, 90:4, 90:18, 91:10, 91:15, 91:17, 91:23, 91:25, 92:1, 92:8, 92:16, 93:25, 95:3, 95:8, 95:19, 97:18, 98:4, 99:5, 99:20, 102:9, 102:24, 103:5, 103:17, 106:8, 106:13, 106:21, 106:24, 107:9, 107:18, 111:19, 113:17, 115:8, 116:2, 116:8, 116:22, 117:6, 118:22, 119:24, 120:12, 120:24, 121:12, 121:15, 122:25, 127:8, 128:13, 129:3, 131:23, 135:18, 135:25, 136:5, 136:19, 137:23, 138:19, 142:6, 142:10, 143:1, 146:1, 148:20, 148:25, 149:3, 150:18, 150:22, 151:2, 151:5, 153:5, 153:7, 153:18, 155:2, 156:5, 156:23, 157:21, 158:8 Epa's - 4:1, 5:15, 10:1, 10:8, 11:24, 15:25, 17:20, 18:4, 24:2, 25:10, 30:17, 31:6, 34:17, 49:13, 62:3, 62:13, 69:2, 76:4, 83:9, 85:13, 86:8, 89:11, 89:16, 89:20, 90:1, 90:4, 90:7, 90:10, 90:13, 91:8, 93:16, 94:1, 100:12, 102:11, 103:13, 113:16, 118:8, 118:12, 118:15, 118:25, 119:9, 131:18 Epa-approved

- 18:16 equal - 40:19 equipment - 34:8, 64:12, 68:3 Erie - 142:1, 142:5 especially

- 6:4, 21:22, 93:22, 106:11 essential - 101:14, 131:11 establish - 116:9 established - 116:17, 124:22 establishment - 18:12 estimated - 8:18 evaluated - 18:19, 157:17 Evans - 71:24 evening - 2:1, 5:12, 5:17, 5:21, 9:10, 9:17, 9:20, 10:22, 11:12, 15:21, 37:10, 63:19, 67:24, 123:6, 138:14, 138:16, 157:14 evening's - 3:25 events - 76:13every-step-of-theway - 106:25 everywhere- 139:22 evidenced - 114:23 evident - 40:18 evolved - 102:9, 123:25 evolving - 17:20 Ew - 48:19, 48:21 ex - 50:17 ex-coal - 50:17 exacerbating - 102:20 exaggeration - 122:7 example- 6:17, 13:18, 22:8, 32:3, 96:2 examples - 92:16, 96:1, 139:24, 140:2 except - 60:16, 146:1 exception - 126:5 excerpts - 25:6 Excessive

- 26:15 excited - 68:13 excludes - 38:19 exclusive - 50:2 Excuse - 75:21, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 7 85:3 executed - 29:8 Executive

- 50:15, 54:3, 55:24, 57:22, 65:6 exempted - 66:7 exercise - 45:13 exercising - 26:7 existence - 72:10 existing - 8:7, 12:19, 13:7, 14:1, 17:24, 18:16, 18:22, 48:25, 49:14, 113:11 exit - 3:13, 60:11 Exit - 60:10 exodus - 88:12 expanded - 16:22, 37:22, 49:9, 61:12, 86:25, 89:13, 118:7, 118:9 expanding - 94:2 expect - 29:1, 95:5, 141:20 expectancy- 156:14 expectation - 126:5 expected - 22:2, 66:22, 90:12, 142:17 expendable - 79:14 expense- 49:25 expensive - 48:24 experience- 81:5 experienced - 98:16 experiences - 8:21, 117:4 experiencing - 15:18 experts - 6:15 expired - 142:25 Expires - 159:21 explaining - 95:18 explored - 77:2 exploring - 119:5 explosions - 149:24 exposed - 152:22 exposes - 66:9 express - 25:14, 37:21, 94:1, 113:16, 157:8 expressed - 12:1, 17:21 expressing - 131:17 extensive- 70:8 extensively

- 17:19 extract - 30:24 extraction - 31:10 extraordinarily- 91:20 extremely

- 116:3 eye - 60:10 Ezekiel - 96:8 

# F fabrication - 50:19 face - 94:22, 115:18 facilitating - 2:9 facilitation - 63:18 facilitator- 2:16 facilities - 48:19, 117:24, 118:6 facility- 4:17, 12:16, 29:25, 111:1 fact - 12:5, 27:20, 28:22, 32:10, 33:20, 33:23, 64:9, 64:18, 85:21, 92:5, 114:2, 115:21, 140:24, 141:6, 156:15 facto - 14:6factor- 118:4 factories - 73:2 factory- 133:25 facts - 14:11, 19:16, 53:8, 77:18, 107:8, 117:7, 140:20, 156:8, 159:5 fail - 53:3 failed - 74:15, 74:24, 82:18, 82:19, 83:4, 122:24, 155:18 failing - 142:23, 146:25 failure - 62:13, 89:20, 99:10, 99:13, 99:18, 122:21 fair- 33:11, 104:22, 139:5 fairly - 12:23, 13:5, 29:2, 29:7, 126:16 fairness - 102:15 faith - 91:17, 91:24, 92:2, 124:4, 153:22 fall - 18:5 false- 82:17 families - 26:20, 29:3, 49:20, 58:3, 60:21, 61:7, 68:10, 72:25, 83:18, 94:7, 116:25, 119:7, 139:17 family- 29:4, 29:24, 50:18, 59:12, 78:20, 79:17, 79:21, 79:22, 120:14, 123:13, 124:5, 145:6, 145:7 family's - 79:20 Far - 21:20 far - 37:12, 41:24, 42:14, 42:16, 42:18, 42:21, 42:24, 43:3, 96:18 farm - 60:4, 60:12, 88:6, 101:11, 144:1, 144:18, 144:25 farmers - 22:16 Farmers - 101:12 farming - 66:12, 67:9, 101:16 fashion - 61:20 fast - 110:14, 110:15, 125:7 Father - 129:14 fault - 148:19 favorable - 118:11 favoritism - 97:3 Fayette - 43:10, 159:3 Fe - 152:6 fear- 29:4, 53:13, 124:1, 140:22, 156:24 fear-mongering - 124:1 fearing - 133:14 February - 154:13, 154:18 Federal - 45:22, 85:16 federal - 12:10, 13:11, 13:13, 16:25, 17:3, 17:8, 17:11, 17:15, 17:24, 33:7, 40:14, 41:7, 41:12, 45:9, 48:5, 50:23, 51:6, 51:15, 53:4, 63:6, 75:14, 85:24, 89:20, 92:8, 92:13, 92:14, 103:15, 104:17, 106:9, 113:11, 113:19, 133:3, 147:2, 155:1 federalism - 40:13 feed - 96:9, 151:21 feet - 96:10, 96:12, 96:13, 96:14 Felix - 143:21 fella - 136:9 felt - 102:3, 119:1 fence - 52:17 few - 2:5, 15:2, 66:14, 97:13, 105:11, 130:4, 141:15, 144:13, 144:14, 152:5, 152:8 Fields - 131:15, 131:16 fiercely- 101:12 fight - 27:16, 95:6, 96:6, 120:16, 130:21, 130:23 fighting - 23:10, 27:16 fights - 150:10 figure - 141:6 figures - 133:16 file - 99:11, 142:20 filed - 23:12, 87:3, 121:2 fill - 13:21 filled - 8:21, 77:11 filling - 2:4, 84:16 fills - 6:19, 66:15, 72:5, 104:4, 104:6, 109:17, 110:4, 111:5, 111:14 filter- 154:1 filtration - 154:17 final - 9:24, 65:5, 65:25, 66:2, 157:17 Finally - 60:19 financial - 72:11 findings - 31:7, 124:15 fine - 38:22, 38:23, 44:15, 95:20, 97:5, 144:23, 154:1 fined - 144:14 fines - 133:3 finish - 88:23 finite - 141:2 fire- 54:16, 59:19, 142:1 fired - 54:18, 97:23 firm - 85:15, 93:11, 115:8 first - 4:20, 18:15, 20:2, 31:12, 35:22, 46:19, 60:11, 70:10, 70:18, 78:15, 99:3, 101:4, 107:14, 111:11, 127:24, 131:23, 132:25, 146:22, 151:17, 152:8 First - 2:25, 18:6, 31:21, 46:23, 47:7, 96:7, 105:12, 107:22, 112:3, 123:13, 151:1 first-hand - 35:22, 70:10 fish - 9:1, 78:22, 78:24, 78:25, 142:4, 152:15, 153:10 fisherman - 141:15 fishing - 7:18, 114:12 Fitz - 46:16 five - 105:23, 119:20, 130:6, 132:24, 149:19, 149:20, 151:21 five-gallon - 119:20 five-year-old - 149:20 fix - 138:5 fixed - 97:18, 97:19, 108:19, 140:13 flank - 96:16 flat - 120:22 flawed - 103:6 flock - 96:20 flooding - 142:21 floor- 33:18, 129:2 flow - 132:24, 144:3 flows - 52:20 fluegas - 56:9 fly- 52:20, 141:14, 141:17, 146:7, 155:22 Fly - 52:22, 52:23 focused - 50:7 focuses - 115:15 folk - 142:8 folks - 5:12, 140:22, 145:25, 146:1 follow- 4:4, 13:11, 46:7, 89:21, 90:17, 100:18, 100:19, 103:22, 120:9, 120:10, 120:18, 126:12, 126:23, 144:8 followed - 11:6, 18:16, 21:24 following - 25:6, 45:15, 46:8 food - 48:25, 94:9 fool - 120:12 Fool's - 32:21 Force - 36:22 forced - 59:17, 89:22, 138:6 Ford - 30:8, 73:4 forefathers - 40:9, 98:16 foregoing - 159:6 foreign - 128:8 forest - 71:6, 84:1, 98:14 forever- 32:23, 83:23, 148:21 forgive - 129:14 forgotten - 42:1 Fork - 87:15, 87:16, 87:18, 121:2 form - 3:21, 4:7, 13:10, 130:24 formally - 17:23 formation - 42:19 former - 22:22, 31:19, 36:8, 36:10, 36:23 forms - 9:1, 66:10 fort - 11:9 fortitude - 100:17, 142:17 fortunate - 54:8, 74:11 forum - 104:1 forward - 2:4, 7:5, 8:16, 10:12, 11:3, 15:13, 19:18, 33:2, 39:4, 40:1, 44:3, 44:16, 44:17, 103:22, 112:12, 112:17, 126:12 fossil - 50:8, 148:20 foster- 129:25 fought - 40:11 foul - 96:11 fouled - 96:14 founded - 98:15 founder - 28:16 founding - 121:21 four - 2:24, 68:10, 70:14, 122:20, 123:13 Frankfort

- 1:16, 1:17, 60:11 frankly - 142:16 free - 33:11, 37:3, 37:5, 37:6, 58:17, 60:21, 60:23, 80:19, 80:20, 80:22, 88:2 freedoms - 113:14 fresh - 65:7, 126:1 friend - 34:18, 35:2, 81:24, 81:25, 82:1, 82:3 friend's - 103:24 friends - 43:11, 83:7, 83:8, 96:15, 122:23, 126:7, 146:12, 148:5 front - 2:14, 3:23, 30:19, 97:11, 122:24, 131:7, 144:2, 146:20 fronts - 30:22 fruition - 146:14 frustrating - 140:19 fuel - 50:8, 154:11 fueled - 40:4 fuels - 148:20 fulfill - 62:22 fulfilling - 84:18 full - 68:13, 139:5 fully - 29:20, 113:17, 135:24 fundamental - 9:6, 40:12, 49:14, 102:25 funding - 71:18 funds - 58:10 furnace - 64:16 furnaces - 56:22, 57:1 future - 21:21, 22:20, 37:4, 40:2, 68:13, 68:14, 79:21, 82:7, 82:11, 82:14, 82:15, 82:23, 83:1, 89:15, 114:20, 115:16, 127:17, 153:8 Future - 107:7 futures - 93:23 

# G gains - 82:20 gallon - 119:20 gallons - 95:20 game- 38:1 gardens - 52:24 Gardner - 101:2 gas - 49:1, 72:20, 100:11 gathered - 149:14 gathering - 152:6 Geiger - 65:21, 65:22 general - 8:8, 20:16, 36:10, 64:1, 85:2, 85:12, 85:14, 105:11, 112:1, 113:23, 114:19, 115:22 General - 52:12 generally

- 105:21 generated - 68:7, 104:10 generating - 48:20, 48:21, 48:22, 69:6 generation - 42:25, 126:13, 127:14 generations - 82:7, 82:19, 82:24, 153:9 gentleman - 119:24, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 8 133:16 Gentlemen

- 11:9 gentlemen - 57:14 Geological

- 141:3 George - 98:20 Georgetown

- 73:5 Georgia - 5:15 Giattina - 5:9, 5:11, 5:12, 92:21, 157:6, 157:7 Gibson - 86:19 Given - 116:7 given - 23:17, 38:7, 38:10, 41:5, 116:11, 126:23, 135:22, 135:23, 136:1 glad - 155:2 glass - 152:9 global - 30:7, 30:10, 124:1 glorious - 97:4 goals - 116:21 God - 41:5, 58:24, 73:19, 95:22, 133:14 God's - 82:7 God-fearing

- 133:14 gold - 97:5 Gooch - 39:9, 91:3 goods - 73:9, 113:15 gosh - 125:5 govern - 88:2 governance - 69:9 governed - 40:24 governing - 11:23 government - 22:3, 32:16, 32:17, 32:25, 33:7, 41:1, 41:3, 41:8, 41:9, 50:22, 50:23, 51:6, 51:16, 58:4, 58:6, 58:9, 63:6, 73:18, 74:14, 81:6, 92:13, 92:14, 102:2, 102:8, 133:3, 136:17, 153:19, 154:25, 155:1 Government

- 40:23, 63:20 governments - 33:22, 40:15, 41:12, 41:13, 65:10 Governments

- 31:20 governor- 97:1, 124:19, 137:25, 149:3, 151:4 Governor

- 11:14, 14:15, 46:11, 71:15, 127:7, 149:14 grace - 116:11, 116:19 Graddy - 121:10 graduates - 94:21 graft - 146:23 grandchildren - 83:5, 138:8 grandfather - 120:4, 120:5 grandkids' - 131:11 grandmothers - 83:17 grant - 71:11, 91:18 granted - 113:18, 126:6 grass - 135:5 grasslands - 83:25 Grassroots

- 138:25 grateful - 25:11, 151:5, 151:6 grave - 27:18, 77:3graveyard - 79:19 gray- 144:4, 145:12 Great - 2:8, 55:20, 94:23, 143:18 great - 25:18, 26:23, 40:8, 58:2, 88:5, 116:13, 120:4, 143:14, 151:3, 151:18 greatest - 90:15, 124:25 greatly - 49:2, 58:19, 61:8, 89:11, 118:12 Greeks - 129:9 Green - 29:25, 42:18, 73:6 Greg - 140:7, 140:8 grew - 129:23 grid - 97:24 Grieshop

- 59:8 grievance - 32:16, 33:9 grocery- 34:10, 130:2 ground - 2:22, 30:24, 54:12, 71:13, 85:16 group - 95:17, 99:4, 149:13, 150:6 groups - 66:25, 80:3, 99:10 grow - 125:22, 126:8, 138:9 growing - 69:5, 117:4, 127:11, 135:5, 137:5 grown - 101:10 grownup - 137:8 growth - 22:20, 22:21, 37:25, 50:1, 129:5 Gruber - 64:1 guarantee - 92:18 guaranteed - 30:6 guess - 60:3, 60:13, 92:17, 138:15 guidance- 25:15, 26:5, 32:22, 32:23, 32:25, 45:24, 65:25, 66:2, 74:16, 74:19, 89:18, 89:23, 103:18, 106:18, 122:25, 123:1, 123:2, 123:4 guide- 12:11, 25:15, 68:22 guideline - 91:13 guidelines - 2:23, 68:22, 69:4, 83:22 Gulf - 42:17 Guthrie - 29:17 gutted - 120:21 guy - 107:9, 141:17 guys - 117:18 

# H habitat - 8:25 Hal - 27:13 half- 25:9, 28:11, 47:2, 62:17, 89:9, 100:9, 106:3, 106:16 Hall - 119:15 Hancock - 54:22 hand - 5:4, 35:22, 70:10, 80:5, 92:3 handle - 154:25 hands - 134:13 Hank - 121:10 Happiness

- 40:22 happiness - 41:6 happy - 39:15, 127:12 hard - 27:9, 38:14, 69:15, 72:24, 146:1 hard-working - 69:15, 72:24, 146:1 hardest - 22:1 hardships - 73:15 Harlan - 46:21, 59:6, 59:8, 137:4 Harless - 142:20 harm - 9:8, 62:9, 84:25, 114:11 harmful - 103:19 Harpole - 89:4 Harrodsburg

- 137:5 Harry - 130:19 harvest - 79:5 hat - 152:1 hate - 95:22, 140:22 Haven - 107:4, 107:5 Hazard - 86:21, 107:6, 108:7, 129:21, 134:7 hazardous - 31:5 headquarters - 15:14 headquarters' - 15:18 heads - 142:5 headwater - 84:12, 104:4 health - 6:3, 9:8, 12:9, 13:2, 14:18, 15:8, 49:23, 53:6, 53:22, 71:4, 74:13, 75:4, 75:8, 82:23, 83:20, 86:11, 101:5, 113:15, 114:21, 116:4, 126:19, 127:5, 139:6, 148:6, 150:16, 150:21, 156:4, 156:17, 156:22 healthful - 117:2 healthier- 139:10 healthy- 82:24, 83:1, 117:2, 139:20, 139:21, 149:6 hear- 10:21, 20:8, 41:14, 67:18, 92:5, 99:25 heard - 92:5, 94:4, 99:24, 99:25, 122:9, 127:16, 131:6, 137:21 Hearing - 1:9 hearing - 2:3, 3:14, 3:25, 5:10, 5:16, 6:4, 6:6, 8:13, 11:1, 11:15, 11:18, 17:6, 18:4, 21:18, 29:18, 30:18, 63:13, 63:23, 67:18, 85:6, 121:15, 142:1, 149:1, 158:12, 158:14 hearing's - 111:20 hearings - 23:24, 25:12, 61:5, 62:13, 62:16, 91:18, 156:7 Hearings

- 1:1 heart - 39:11, 64:3, 145:3, 148:10 heavily - 114:1, 118:1 heavy- 70:25, 97:19, 140:10, 140:15, 153:20 held - 1:9, 47:24, 114:15, 121:19, 135:21 helicopters - 155:23 hell - 142:3, 142:6 Hello - 105:3, 123:11, 150:25 help - 2:20, 7:1, 20:18, 20:24, 21:6, 35:13, 55:11, 60:20, 72:24, 112:25, 121:5, 135:18 Help's - 128:24 help's - 128:25 helped - 26:19, 130:24 helps - 58:2 Henderson

- 37:14, 54:17, 54:20, 55:25 Herald - 99:9 Herald-leader

- 99:9 hereby - 159:5 herein - 159:11 hereinbefore - 159:7 hereto - 159:6 heritage - 64:5 hero - 152:2, 152:3 heroes - 152:2 Hi - 29:15, 143:21, 147:25 hiding - 44:7, 44:8 high - 36:1, 50:25, 57:24, 65:3, 70:19, 109:20, 116:24 higher - 26:16, 77:20, 94:19, 105:21, 126:18, 148:10, 150:15, 156:11 highest - 82:5, 100:6, 126:22 highlight - 2:24 highly- 106:23 highway - 66:11, 67:7 Hill - 27:16 hill - 119:21 hillsides - 28:20 hindering - 119:6 Hindman

- 129:22 hire - 47:18, 81:3 history - 51:1, 76:12, 94:18, 122:21 Hold - 110:6 hold - 9:20, 29:5, 40:17, 78:2, 85:15, 136:19, 156:23 holding - 121:14, 125:17, 149:1, 150:1, 151:7 holler - 155:16 hollow - 72:5, 109:17, 110:4, 111:5, 111:14 home - 29:4, 45:2, 79:20, 88:14, 152:21 homes - 16:10, 45:4, 52:3, 52:18, 52:21, 56:3, 64:13, 155:24 homestead - 120:15 hometown - 151:15 Honaker - 115:13 honest - 130:7, 141:8 honesty- 130:9 honor- 15:15 hoops - 28:6 hope - 35:3, 35:5, 47:9, 58:22, 119:12, 141:23 hopeful - 10:19, 18:1 hopefully

- 3:18, 143:1 hopes - 31:2 hoping - 138:8 Hopkin - 54:22 Hopkins - 41:20, 44:24 horns - 96:17 horrified - 152:10 horses - 144:17 hospitals - 56:2 hour- 34:4 hours - 64:11, 88:13, 95:17, 124:6, 152:8 House - 29:19, 35:20, 39:14, 39:18, 48:3, 48:4, 52:11 house- 108:3, 136:2 Hubert - 39:16 huge - 73:3, 97:22 Hugh - 55:24 human - 9:8, 13:2, 14:18, 15:8, 49:25, 86:11, 93:23, 140:9, 156:16 humans - 82:25, 115:1 hundreds - 51:3, 76:14, 93:12, 93:20, 108:7, 113:23 Hurt - 135:16 hurt - 44:1, 81:13, 134:18 hurtful - 37:24 hurting - 38:18, 44:1, 58:16 hurts - 38:16, 38:17 husband - 144:9 hyperbole - 122:9 

# I ice- 71:6 Icg - 34:21, 86:21 idea - 110:12, 140:11 ideas - 147:13 identify- 6:9 ideological - 21:24 ignore - 74:19 ignoring - 76:20, 84:24 illegal - 32:6, 128:1, 128:14 illegally- 106:14 Illinois - 24:12, 102:19 illustrate - 99:5 immediately

- 61:11, 62:4, 63:1, 118:21 impact - 13:25, 33:23, 35:18, 35:22, 36:25, 87:21, 90:12, 102:5, 102:13, 108:12, 108:13, 115:20, 118:25, 124:3, 132:4 impacted - 34:12, 91:22, 92:6, 116:1 impacting - 60:2, 135:9 impacts - 6:2, 14:2, 53:5, 53:6, 77:22, 84:21, 103:19, 111:13, 145:4, 148:23 impaired - 8:20, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 9 109:22, 114:3 impeding - 22:20 implement - 75:13, 85:24, 122:22, 123:3 implementation - 5:18, 101:22, 102:12, 118:15 implemented - 6:16, 13:4, 135:24 implementing - 86:3 implications - 53:15, 85:14, 114:18 importance - 25:13 important - 5:23, 7:9, 9:12, 13:1, 15:7, 21:17, 22:19, 25:16, 26:12, 32:20, 40:2, 65:13, 69:18, 87:23, 99:21, 102:11, 116:3, 125:23, 129:24, 136:10, 139:15 importantly- 34:22, 115:4 imposed - 18:25, 36:20, 61:19, 61:24, 73:15, 118:18 imposing - 30:25 imposition - 62:3 impossibility

- 124:3 impossible - 51:11, 99:16 improve- 6:12, 26:19, 65:9, 142:4 improvements - 13:16, 48:24 improving - 65:5, 85:14 inability - 59:15 inactions - 34:17 inadequate- 76:11 inappropriate - 118:18, 118:25 incidental - 35:23 include - 7:20, 84:16, 101:24, 109:17, 111:5, 114:12, 121:24 includes - 82:8, 110:25 including - 3:1, 13:9, 22:16, 23:21, 82:2, 115:19 income - 51:13, 97:18, 97:20, 108:20 incomplete- 14:7, 103:2 inconsistent - 11:22 incorporate - 87:1 increase - 59:22, 90:16, 97:22, 102:19, 104:12, 116:24 increased - 66:13 increases - 64:25, 104:7 increasing - 22:21 indeed - 94:6 Indeed - 30:21 Independence- 40:10, 40:17 Indian - 78:14, 128:9 Indiana - 63:25, 68:4 indicated - 159:6 indicating - 20:4, 20:5, 95:24, 96:1, 143:11indicator- 156:16 indignation - 37:21 indirect - 105:23 individual - 8:3, 16:10, 16:20, 16:21, 19:6, 28:9, 33:7, 62:8, 122:2, 138:23 individuals - 49:20, 81:6 Industrial - 40:5 industrial - 16:15 industries - 16:11, 34:7, 35:23, 49:3, 56:18, 56:19, 57:6, 114:10, 115:2, 115:25 industry - 13:16, 22:17, 22:18, 26:19, 30:15, 30:17, 31:2, 33:25, 34:1, 34:2, 34:24, 35:25, 36:13, 37:19, 38:7, 38:12, 38:16, 39:2, 44:2, 44:11, 47:10, 47:11, 49:19, 49:24, 55:3, 58:16, 61:7, 61:21, 62:5, 62:11, 64:19, 68:9, 68:16, 68:18, 68:23, 76:12, 86:14, 87:25, 88:3, 89:25, 99:11, 99:14, 100:2, 100:7, 101:7, 101:22, 102:2, 102:3, 102:24, 106:6, 106:22, 114:15, 114:17, 115:19, 115:25, 116:9, 116:13, 116:20, 118:19, 131:4, 133:24, 142:3, 152:17, 156:25 industry's - 6:13 inevitably

- 90:17 inexpensive - 25:17, 26:21, 73:7 Inez - 95:16 infant - 129:22 inflicted - 62:10 influence - 146:23, 147:12 influenced - 143:2 influences - 146:17 informally- 17:23 information - 7:9, 8:2, 9:13, 9:19, 9:25, 87:7, 87:9, 89:24, 108:6, 110:13, 158:2, 158:9 informative - 31:8 Inhofe - 129:1 initial - 145:11 initiated - 13:18, 124:22 innovation - 7:1, 124:16 innovative- 7:6, 146:19 input - 38:6, 131:21 inside - 67:19 inspired - 28:19 install - 154:15, 154:16 installer- 81:2 instance - 16:12 instead - 91:13, 96:1, 129:6, 144:23 instituted - 40:23 instream - 6:20, 19:4, 19:11, 72:6, 109:18, 110:4, 111:5 instruct - 4:25 instructed - 154:15, 154:16 instructions - 5:5 instructor- 93:14, 93:15 insult - 32:8 integrated - 63:23 integrity - 74:10 intellectually

- 141:8 intended - 101:24, 113:12, 113:19 intensive - 30:1, 64:9 intentions - 28:2, 49:7 interactions - 124:9 Interconnect - 97:24 interested - 9:17, 159:11 interests - 53:21 Interfaith - 81:23 interim - 106:18 interpretation - 33:1 interpreted - 14:7 interpreter- 55:16 interpreters - 2:10, 27:8, 55:15 Interstate - 60:10 intestinal - 100:17, 142:17 intimidate - 156:7 intimidated - 100:17 introduce- 5:8 introduced - 129:1, 129:9 invest - 80:15, 80:16, 81:7, 81:11 invested - 28:17, 80:11 investigating - 121:1 Investment - 80:10 investment - 81:1, 106:1, 112:15 investors - 81:15 invite- 97:7, 134:7, 134:8 invited - 97:1 involve - 109:21 involved - 132:15 Ipcc - 124:22 iron - 104:13 ironic - 74:7 irritating - 21:23 isolate - 6:24 issuance - 8:10, 87:23, 89:17, 118:22 issuances - 92:1 issue - 7:5, 10:12, 10:17, 12:2, 17:13, 18:15, 18:24, 68:22, 74:21, 76:5, 77:12, 85:15, 90:5, 104:2, 114:24, 123:23, 124:6, 157:2 issued - 8:3, 16:8, 32:22, 33:5, 74:16, 87:2, 90:2, 103:20, 111:16, 123:1, 123:2, 132:1, 153:1 issues - 15:7, 19:20, 52:25, 62:15, 65:14, 66:1, 114:22, 119:19, 141:9, 153:20 issuing - 14:24, 49:8, 49:11, 118:20 it'll - 129:2 itself- 146:2, 147:19 

# J jackboot - 92:14 Jackson - 27:21, 30:13, 66:14, 103:17, 106:13 James - 23:7, 109:3, 129:1 January - 104:2 Jenkins - 52:10 jeopardize- 89:15 jeopardized - 93:24, 148:7 Jesus - 97:4, 129:12 Jim - 5:9, 5:10, 5:12, 11:2, 39:9, 54:2, 97:16, 102:22, 109:4, 112:25, 157:6 Jimmy - 119:15 Joan - 83:15 job - 22:21, 30:14, 34:21, 34:25, 56:8, 65:16, 72:25, 100:12, 100:14, 100:16, 104:20, 120:8, 127:8, 127:9, 127:17, 132:2, 133:21, 136:13, 136:22, 141:16, 146:13, 146:14, 151:21 job's - 99:22 job-creating - 30:14 jobs - 5:25, 15:8, 21:24, 22:18, 25:22, 26:22, 29:22, 29:23, 34:2, 34:7, 38:13, 46:10, 49:16, 50:25, 51:2, 57:23, 57:25, 58:1, 58:13, 59:15, 62:11, 62:20, 63:8, 66:23, 79:17, 80:10, 80:12, 80:15, 81:8, 81:12, 82:16, 90:8, 94:13, 94:17, 94:22, 94:25, 99:23, 100:1, 100:5, 100:13, 105:23, 108:5, 108:7, 112:24, 115:3, 117:25, 118:14, 133:17, 133:22, 133:23, 134:1, 138:1, 138:4, 139:17, 139:18, 142:9, 145:9, 146:3, 156:2 Joe - 59:8, 71:24 John - 64:1, 100:23, 105:4 Johnson - 127:23 Johnston

- 57:21 Joice - 113:4 join - 27:15, 150:22 joined - 130:22 joining - 130:20 joins - 54:17 Joint - 48:3 Jones - 105:5 Joni - 52:9, 52:10 Judge - 50:15, 54:3, 54:20, 55:24, 57:22, 59:8 judge- 51:9, 96:21, 96:23, 98:19 judicial - 91:15, 131:25 Julia - 152:7 jumping - 28:5 June - 1:10, 9:21, 100:3, 159:14

jurisdictional - 26:4 justice - 96:25 Justice - 138:25 justify - 82:21 justly - 39:4 

# K Kam - 117:22, 118:12 Kar - 19:14 Karl - 98:3 Kcap - 124:18 keep - 6:24, 54:19, 55:4, 57:8, 57:13, 57:15, 63:13, 93:6, 95:25, 96:3, 148:17 Keep - 110:18, 127:2 keeps - 57:24, 148:18 Kennedy - 130:18 Kenton - 103:12 Kentuckian

- 116:4, 138:19, 143:24 Kentuckians

- 15:1, 21:20, 22:15, 23:16, 32:10, 32:11, 32:24, 49:18, 69:21, 75:4, 78:12, 80:8, 84:1, 95:5, 114:25, 138:18, 138:24, 139:8, 139:15, 148:3, 149:5, 153:4 Kentucky

- 1:17, 5:23, 6:7, 6:15, 7:24, 8:2, 8:15, 8:17, 9:2, 10:5, 10:11, 11:5, 11:7, 11:17, 11:18, 13:5, 13:14, 14:23, 15:23, 16:1, 16:3, 16:4, 16:6, 16:8, 16:13, 16:23, 16:24, 17:12, 17:18, 17:22, 18:15, 18:19, 18:24, 21:15, 21:19, 21:25, 22:19, 24:11, 25:7, 26:9, 26:20, 28:3, 28:10, 28:16, 28:19, 29:10, 30:2, 30:22, 31:18, 32:3, 32:18, 33:18, 36:22, 37:2, 37:12, 37:19, 37:23, 38:9, 38:17, 38:18, 39:11, 39:20, 40:1, 41:20, 42:7, 43:10, 43:23, 44:4, 44:25, 45:6, 45:17, 45:20, 45:21, 46:2, 47:8, 48:8, 48:19, 49:9, 49:10, 49:16, 51:24, 52:11, 53:14, 54:4, 54:8, 54:15, 54:16, 54:25, 55:3, 55:10, 56:8, 56:16, 56:19, 57:15, 57:23, 58:18, 58:20, 58:25, 59:7, 59:25, 61:3, 61:6, 61:8, 61:14, 61:17, 61:25, 62:8, 62:10, 62:15, 62:25, 63:25, 64:2, 64:3, 64:5, 64:15, 65:13, 66:5, 66:20, 67:10, 67:25, 68:3, 68:20, 69:8, 70:10, 71:6, 71:9, 71:14, 73:2, 73:10, 73:14, 73:24, 74:3, 74:20, 75:10, 76:3, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 10 76:5, 77:3, 77:13, 77:23, 79:1, 79:7, 79:18, 79:23, 81:3, 81:23, 83:7, 83:18, 83:20, 84:14, 85:1, 85:11, 85:17, 88:15, 89:5, 89:6, 89:13, 90:2, 90:20, 90:23, 91:4, 91:10, 91:18, 92:2, 92:10, 92:16, 94:3, 95:16, 96:19, 99:6, 99:20, 103:13, 104:19, 105:16, 105:17, 105:18, 105:19, 106:2, 106:22, 107:6, 107:17, 108:3, 108:8, 111:24, 112:22, 113:5, 113:25, 115:14, 117:21, 117:25, 118:6, 118:14, 118:17, 119:16, 121:12, 121:22, 123:12, 123:13, 124:11, 125:3, 126:22, 127:24, 128:13, 129:21, 129:22, 130:25, 132:7, 133:15, 133:17, 135:7, 135:9, 135:17, 135:19, 137:4, 137:9, 137:14, 137:19, 139:2, 139:3, 140:13, 140:25, 141:13, 141:16, 142:14, 143:24, 148:4, 148:6, 150:6, 150:9, 151:3, 151:16, 153:2, 154:4, 155:14, 156:9, 156:20, 157:24, 159:2, 159:5, 159:19 Kentucky's

- 8:19, 11:12, 17:1, 18:10, 62:6, 75:3, 84:17, 84:23, 85:23, 89:9, 89:14, 89:25, 90:14, 91:24, 93:9, 94:7, 117:25, 118:5, 118:10, 119:1, 119:6, 119:8, 149:15, 150:20 Kftc - 132:11 Kftc's - 139:3 kickbacks - 146:24 kidney- 148:11 kids - 120:5, 120:16, 131:10 kill - 92:4, 94:25 killed - 141:22 killing - 129:6, 153:3 kilowatt - 34:4 Kim - 48:14 kin - 125:1 kind - 6:25, 7:6, 126:7, 145:10 kinds - 67:9 King - 48:15, 98:20, 107:4, 107:5 knees - 134:13 Knott - 72:13, 76:17 knowledge - 123:24 Knowledge

- 124:5 Knowles - 47:1 known - 7:12, 124:25 knows - 14:13, 94:8, 140:18 Kpdes - 62:2, 62:8, 75:13, 90:2, 109:11,109:23, 110:21,

111:18, 112:1, 118:9 Kwa - 113:6, 113:21 Ky - 109:23 Ky0091847

- 110:22 Ky0091910

- 109:11 Ky0108294

- 111:19 Ky0108715

- 111:18 Ky0109100

- 111:19 Kyccr - 1:22, 159:4, 159:18 Kyoto - 125:1 

# L lab - 70:17 labor - 73:9 lack - 77:6, 87:4, 87:5, 99:15, 102:25, 116:20 Ladies - 57:14 lady - 46:20 laid - 108:9, 134:12 lake - 142:2 Lake - 142:5 lakes - 77:10, 78:23, 80:20 Land - 133:4 land - 12:6, 13:11, 14:2, 60:12, 80:13, 81:13, 81:17, 101:13, 130:14, 132:14, 148:13 land's - 131:5 landfall - 146:16 landfill - 52:21, 146:7 landfills - 52:15 lands - 52:21, 52:22, 52:23, 77:16, 132:3, 146:6 Lane - 75:24 language- 2:10 large - 159:18 Large - 159:5 largely- 8:23, 118:2 larger- 67:1 largest - 36:11, 46:18, 54:23, 89:7, 105:13, 105:15, 105:16, 118:5 last - 31:8, 34:23, 48:9, 62:23, 92:4, 92:18, 100:8, 103:25, 119:18, 126:21, 129:1, 133:19, 142:19, 143:10, 143:25, 146:22, 147:4, 149:12, 154:4, 155:4, 155:6 lasting - 148:23 latest - 124:25 Laurel - 111:16 law- 29:7, 32:22, 33:1, 36:14, 42:11, 45:10, 45:11, 45:15, 45:16, 46:7, 46:8, 47:5, 62:1, 71:19, 75:14, 85:16, 85:24, 89:20, 93:11, 93:14, 93:15, 100:19, 102:7, 103:22, 113:19, 122:22, 126:23, 136:19 Lawrenceburg

- 48:21 laws - 12:10, 12:19, 13:4, 13:7, 14:1, 26:5, 26:12, 29:1, 49:15, 53:4, 88:4, 102:12, 103:23, 104:15, 113:9, 113:12, 113:13, 114:9, 115:4, 124:17, 139:5 lawsuit - 99:3, 142:21 lawsuits - 132:11, 150:11 lay - 94:10, 151:24 laying - 112:16 layoff- 108:12, 155:25 layoffs - 69:10, 108:8, 133:18, 133:19 leaching - 66:9 lead - 120:3 Leader - 21:12 leader- 33:18, 99:9 leaders - 75:9 least - 8:18, 49:3, 94:8, 94:11, 94:14, 127:1 leave - 3:22, 21:6 leaving - 144:25 led - 92:2 Lee - 43:9, 151:16 Leeco - 71:25, 72:1, 72:12, 72:17, 73:8 left - 4:22, 43:12, 55:6, 55:8, 78:22, 79:18, 79:20, 79:24, 80:5, 93:2, 107:19, 145:25 leftover - 31:5 legal - 13:9, 36:18, 42:8, 62:22, 89:21, 130:23, 130:24, 150:3 legality - 102:18, 106:17 legally - 46:3, 85:24 Legislative

- 31:20, 44:23 legislator - 32:14 legitimate - 12:14, 15:7 Len - 11:12 Leslie - 46:20, 72:13, 133:14, 134:2 Less - 139:24 less - 63:8, 65:1, 130:3 Letcher - 46:21, 72:13, 119:16, 154:3 letter- 25:6, 122:10, 122:12 letters - 84:13, 122:5 letting - 55:23 level - 32:24, 147:12 levels - 6:20, 47:6, 69:6, 104:12, 104:13, 142:14 Lexington

- 43:10, 65:23, 99:8, 123:12, 129:23, 130:7, 153:16, 159:19 Liberty - 40:21 liberty - 41:5 licensed - 101:2 lied - 131:4 Life - 40:21 life - 9:1, 9:3, 9:9, 26:20, 31:9, 41:1, 41:5, 57:24, 77:7, 82:3, 82:4, 82:10, 82:21, 115:23, 117:2, 120:13, 124:4, 134:2, 137:11, 145:14, 148:5, 152:2, 156:14 life-giving - 82:10, 82:21 lifeblood - 62:6, 69:20 lift - 88:8, 156:5 Light - 81:24 light - 19:16 lightly- 53:12 lights - 56:5, 57:8, 57:13, 57:15, 148:18 likely - 126:8, 141:19, 156:12 limit - 4:7, 66:3, 66:16, 66:19, 74:18, 150:3 limitations - 7:17, 19:1, 19:2, 19:5, 87:6 limited - 9:15, 66:4 limits - 3:6, 3:8, 3:10, 7:7, 7:21, 21:3, 35:12, 66:7, 76:18, 86:3, 132:23 Lindop - 83:15, 83:16 line- 3:16, 67:20, 78:2, 124:6, 125:2, 125:4, 136:19, 141:21, 146:10, 146:20, 147:10, 147:16, 155:21, 156:23 lines - 51:18, 51:19, 51:22 link - 52:17 Lisa - 27:21, 30:13, 66:14, 103:17 list - 86:23, 114:3 listen - 6:4, 9:10, 24:17, 27:3, 156:24 Listen - 40:16 listening - 33:10, 55:7, 98:12, 127:18 literally- 82:14, 150:11 live- 49:20, 52:16, 67:25, 75:5, 77:8, 79:22, 108:3, 125:21, 125:22, 126:4, 126:10, 126:13, 128:22, 131:12, 138:15, 143:24, 149:22, 155:13 lived - 129:21, 132:7, 144:1, 148:4 livelihood - 72:9 livelihoods - 15:2, 24:6, 93:24 lives - 12:9, 23:17, 93:23, 124:5, 136:10, 136:14, 152:23 living - 52:2, 60:21, 79:22, 101:17, 126:8, 148:9, 148:11, 149:20, 150:14, 151:14, 156:10 Livingston

- 37:16 loaded - 97:20 loading - 111:1 loans - 138:4 lobby - 75:9 local - 6:16, 7:2, 33:22, 48:23, 49:2, 65:10, 106:1, 154:15, 154:24 locate - 118:5 located - 64:3 location - 6:18 locations - 68:6 lodging - 49:1 London - 143:24, 145:3 long-lasting - 148:23 long-term - 25:24 look - 19:18, 23:13, 23:14, 52:1, 58:17, 65:7, 72:24, 126:1, 133:20, 136:2, 155:10 Look - 48:2, 112:20 looked - 51:16, 51:17 looking - 97:22, 141:19 looks - 143:9 Lord - 97:4 lose - 34:2, 34:20, 34:25, 50:23, 50:24, 72:25, 133:23 losing - 84:3, 108:5 loss - 33:21, 104:5, 112:7, 118:13, 118:14 losses - 38:13 lost - 35:5, 51:1, 51:12, 51:13, 59:15, 62:20, 69:15, 100:1, 108:6, 112:10, 112:11, 133:21, 136:14 loud - 149:23 Louisville

- 67:25, 73:5, 73:24, 80:9, 148:4 love - 97:11, 101:13, 130:12, 130:13, 130:14, 130:15 loved - 84:2 low- 61:8, 94:15, 118:1, 119:3 Low - 118:3 lowered - 66:2 lowest - 30:5 luckily - 145:25 lucky- 79:4 lung - 130:25, 148:10, 151:19 

# M ma'am - 23:13, 55:22 Machinery - 68:2, 69:22 machines - 68:8 Macpherson - 2:1, 2:8, 11:2, 19:25, 23:4, 24:22, 27:6, 29:14, 31:15, 33:14, 35:9, 37:8, 39:7, 41:16, 43:6, 44:19, 46:14, 48:12, 50:13, 52:7, 53:25, 55:13, 57:18, 59:2, 60:25, 63:12, 65:19, 67:14, 69:25, 70:5, 71:22, 73:22, 75:17, 75:21, 78:7, 80:2, 81:20, 83:13, 84:6, 85:3, 86:17, 88:19, 88:22, 90:25, 92:24, 93:5, 95:13, 97:9, 98:23, 100:21, 100:25, 103:7, 103:9, 105:1, 105:6, 107:2, 108:24, 110:6, 110:10, 110:15, 110:18, 111:9, 113:2, 115:7, 115:10, 117:12, 117:15, 117:17, 119:11, 119:14, 121:7, 123:7, 125:6, 125:9, 127:20, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 11 129:17, 131:13, 133:6, 133:8, 135:14, 136:23, 136:25, 138:11, 140:1, 141:10, 143:8, 143:18, 145:15, 145:18, 145:22, 147:23, 149:9, 150:23, 151:11, 153:13, 155:4, 155:7, 155:9, 157:4 macroinvertebrate - 71:4 macroinvertebrates - 71:2 madam - 23:23 Madison - 125:21, 138:16, 151:14 magic - 153:24 magnesium - 104:9 mailing - 10:7, 158:1 main - 152:17 maintain - 2:19, 71:13, 74:9 maintained - 16:24, 85:21, 139:14 maintaining - 48:23, 104:21 major- 30:6, 87:13, 108:8 majority - 8:14, 33:17, 91:7 maker - 63:24 malls - 60:15 man - 80:5, 96:5, 130:10, 152:4 management - 6:21, 19:3, 20:18, 23:5 manager- 64:1 mandated - 62:14, 89:19 mandates - 74:7, 131:25, 132:1 maning - 6:2 manner - 13:15, 19:20, 65:14, 90:20, 101:15, 142:24 manual - 124:13, 125:4 manufactured - 81:3 manufacturers - 30:3, 94:16, 118:1, 119:7 Manufacturers - 117:22 manufacturing - 12:16, 29:23, 117:24, 117:25, 118:13, 119:2 Manufacturing - 30:1 marching - 71:17 Mark - 81:22 markets - 64:25 Martin - 76:13, 131:2 Maryland - 70:13 mass - 87:17, 88:12 massive- 69:10, 99:10 masterpieces - 126:3 masters - 101:3 Matt - 98:25 matter- 73:17, 140:24, 153:24, 156:6, 156:15 matters - 11:20Maxson - 125:20 Mb - 71:6 Mcconnell - 21:11, 23:9 Mccormick - 55:24 Mccoy - 95:15 Mcmullen - 84:8, 84:9 mean - 28:14, 32:8, 134:17, 134:18 means - 22:14, 30:19, 58:11, 71:15, 135:22, 152:15 meant - 152:13 meantime - 62:19 Meanwhile - 89:25 measure - 14:8, 14:12 measures - 114:5, 154:22 meet - 2:20, 4:23, 20:7, 38:8, 42:23, 56:21, 63:17, 69:4, 83:22, 114:6, 116:15, 125:16, 149:14 meeting - 5:23, 25:8, 107:19, 114:9, 127:25 meetings - 109:5, 124:8, 124:11 Megan - 149:11 megawatt - 64:11 member- 26:18, 27:2, 27:23, 28:1, 28:3, 30:11, 35:21, 36:17, 36:21, 42:2, 42:20, 56:24, 57:4, 57:8, 60:8, 68:16, 72:9, 78:4, 78:11, 78:12, 80:17, 81:10, 83:9, 85:7, 88:10, 88:16, 112:20, 121:17, 121:18, 125:24, 128:1, 129:13, 133:15, 148:2, 155:13 members - 23:25, 24:17, 24:24, 42:23, 43:2, 70:4, 74:2, 75:20, 76:2, 77:8, 77:13, 77:14, 79:24, 81:4, 81:16, 83:11, 84:22, 85:7, 86:15, 88:17, 89:8, 89:9, 99:2, 113:7, 121:21, 127:19, 139:1, 139:2, 145:6, 145:7, 151:9 memo - 151:9 men - 29:9, 40:18, 44:15, 63:24, 64:22, 68:5, 152:1 Men - 40:23 mention - 20:14, 20:16, 132:6, 154:2 mentioned - 20:12, 42:6, 70:19, 72:17, 111:23, 122:10, 153:17 Mercer - 48:16, 48:20, 48:23 mercury- 79:2 Mercury - 80:20 mere - 26:4 merely - 142:11 Mero - 1:16 message - 41:22, 41:23, 42:13, 43:2, 43:11, 60:19 met - 19:8, 36:25, 37:1, 47:1, 143:6 metal - 50:19 metals - 8:24, 70:25, 86:3, 104:13, 140:10, 140:16, 153:21 Meteorological - 124:24 meter- 121:24 mic - 105:7 Micah - 96:22 microphone - 20:4, 20:5, 20:11, 20:25, 143:14 microsiemens - 66:3 middle - 38:1, 85:16 Middle - 87:14, 87:16, 87:18 midstream - 107:21 might - 3:2, 136:12, 141:20 miles - 8:19, 47:14, 60:3, 76:14, 83:18 Millcreek - 119:16, 121:2 Milliman - 23:7 million - 26:22, 45:4, 49:16, 64:10, 72:14, 72:16, 72:18, 73:10, 87:22, 90:9, 95:19, 105:15, 105:18, 105:20, 105:24, 105:25, 106:2, 106:3, 108:12, 108:14, 112:8, 112:9, 112:10, 112:11, 112:15, 133:4, 155:22 mind - 11:9, 65:12 minds - 32:23 mine- 22:13, 23:18, 36:6, 36:7, 36:9, 43:23, 48:10, 53:5, 59:16, 61:13, 62:9, 69:10, 76:17, 88:6, 130:16, 134:6, 134:10, 134:11, 135:2, 139:6, 144:9, 144:14, 146:5, 149:21, 151:22, 155:17 mined - 13:14, 14:2, 42:7, 114:1, 145:8 miner - 35:25, 43:13, 47:11, 47:12, 50:17, 94:13, 133:14 miners - 32:11, 32:18, 45:7, 47:9, 57:6, 60:20, 60:23, 61:7, 91:9, 93:20, 101:12, 105:20, 108:10, 112:18, 112:19, 130:12, 144:21, 151:7 miners' - 142:9 mines - 6:16, 6:18, 6:20, 8:5, 9:7, 9:14, 10:18, 22:14, 23:18, 38:13, 50:20, 54:9, 56:16, 59:11, 59:14, 70:9, 70:11, 77:12, 99:16, 100:5, 106:15, 118:17, 119:18, 120:7, 134:16, 141:22, 145:6 mines' - 51:15 minimization - 13:21 minimize - 3:4, 3:14, 14:2, 115:19 mining - 5:22, 6:2, 6:17, 7:2, 8:4, 8:8, 8:14, 8:17, 8:20, 8:24, 11:17, 11:23, 12:15, 13:6, 13:8, 13:9, 13:10, 13:20, 14:5, 15:1, 16:2, 16:11, 16:17, 16:20, 16:22, 22:15, 28:10, 29:3, 29:22, 30:17, 33:25, 37:22, 42:22, 44:14, 45:18, 46:1, 46:5, 46:25, 48:1, 49:9, 49:24, 52:14, 52:24, 53:16, 55:3, 58:1, 59:14, 60:1, 60:6, 61:6, 61:20, 61:22, 62:5, 62:10, 62:19, 65:23, 65:24, 66:10, 66:15, 68:2, 68:24, 69:2, 70:21, 71:11, 73:11, 74:16, 75:1, 75:5, 75:25, 76:4, 76:8, 77:2, 77:7, 77:8, 77:17, 77:20, 78:1, 81:9, 84:11, 84:15, 84:16, 84:20, 84:25, 89:13, 89:17, 89:25, 90:22, 94:2, 94:5, 100:6, 101:6, 102:3, 102:4, 102:6, 102:10, 102:11, 102:14, 102:19, 103:3, 103:20, 104:1, 104:18, 106:10, 109:15, 109:17, 109:19, 110:2, 111:1, 111:4, 112:2, 114:14, 114:15, 114:22, 115:13, 115:15, 115:16, 115:18, 115:20, 115:22, 115:23, 116:2, 116:9, 116:13, 116:15, 116:18, 118:10, 120:7, 120:21, 121:21, 126:18, 126:21, 126:22, 130:21, 131:20, 132:18, 134:21, 134:22, 135:3, 135:4, 137:22, 140:25, 141:4, 142:7, 142:11, 142:15, 142:22, 142:23, 142:25, 145:8, 148:8, 148:9, 148:14, 148:16, 148:22, 150:3, 154:7, 156:8 Mining - 1:2, 13:11, 66:23, 83:23, 101:16, 101:19, 107:7 Minnesota - 78:21, 78:23 minute- 92:4 minutes - 4:8, 20:21, 20:23, 95:21, 111:10, 125:6, 140:4 misinformation - 15:6 misrepresents - 14:11 mission - 13:2, 42:4, 42:5 Mitch - 21:11 moderate- 11:1, 49:3 modification - 116:15 modified - 110:24 modify - 10:3, 10:13, 38:8

Moe - 36:4 mom - 34:9 moment - 118:15 money- 48:6, 50:22, 50:23, 51:14, 51:15, 51:21, 58:3, 73:8, 80:10, 80:18, 80:23, 112:8, 120:14, 125:23, 128:7, 152:24 mongering - 124:1 monitoring - 6:19, 19:1, 19:2, 77:15, 99:12, 99:14, 99:19 Monroe - 58:24 Montgomery - 135:17 month - 38:3, 94:19, 108:13 months - 15:17, 70:12, 70:24, 91:17, 133:20 Monty - 67:25 moon - 34:10 moot - 111:21 Morehead - 36:6, 93:15 morning - 57:10 Morrison - 151:1 mortality

- 77:21 Most - 6:14, 49:19, 115:23 most - 21:18, 28:22, 30:2, 34:22, 39:23, 39:24, 53:8, 62:24, 95:7, 124:11, 137:10, 139:9, 149:25 mostly- 73:9 mother- 137:4, 137:10 Mother - 103:24 mothers - 83:16 Mountain - 111:17 mountain - 79:10, 84:12, 84:19, 130:16, 130:18, 139:7 mountains - 52:14, 79:10, 126:1, 130:14, 136:9, 139:4, 139:23, 154:5, 154:7 Mountaintop - 102:6 mountaintop - 13:9, 46:5, 77:19, 87:13, 102:10, 103:19, 104:1, 126:9, 130:19, 131:24, 148:22, 150:14 mountaintops - 80:21 move - 7:5, 10:11, 15:13, 20:25, 44:3, 44:16, 44:17, 105:6, 143:11, 143:13 moved - 60:14, 129:22 movement - 124:25 Movement - 78:14 moving - 145:3, 149:25 Mtr - 132:5 muddy - 144:6 Muhlenberg - 44:23, 44:25 Multiple - 148:8 municipal - 87:16 murdering - 153:3 must - 9:6, 12:7, 17:14, 23:2, 29:7, 40:1, 65:2, 71:12, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 12 71:14, 71:18, 78:2, 85:15, 85:21, 86:1, 96:9, 96:11, 96:12, 99:21, 102:15, 114:15, 132:19, 132:21, 139:13, 143:6, 146:20 mute - 20:25 mutually

- 50:2 Myles - 125:19, 125:20, 149:16 

# N

name- 2:8, 15:21, 20:11, 20:19, 23:7, 25:4, 31:17, 39:9, 41:18, 43:8, 44:21, 52:9, 54:2, 55:23, 57:20, 59:5, 61:2, 65:21, 67:24, 71:24, 73:23, 75:19, 75:24, 78:9, 80:7, 86:19, 89:3, 91:2, 93:8, 95:15, 97:16, 98:25, 101:1, 105:4, 107:4, 109:1, 115:12, 117:20, 119:15, 121:10, 123:11, 127:22, 133:11, 137:2, 138:13, 140:7, 143:21, 147:25, 148:1, 149:11, 149:12, 150:25, 151:13, 155:12 name's - 46:16, 141:12 named - 159:7 narrative - 19:7, 19:14 narrowly

- 14:7, 102:16 Naseman

- 149:11, 149:12 nation - 5:24, 25:18, 30:3, 30:5, 30:9, 36:12, 40:4, 40:6, 40:8, 113:15, 114:17 nation's - 69:17, 74:11, 94:18, 113:19 national - 27:1, 69:19, 76:24 National - 7:12 nations - 128:8 Nations - 124:23 nationwide - 67:8 Nationwide

- 30:24, 121:1, 121:4 native- 101:9, 143:23 natural - 69:16, 72:20, 82:1, 82:22, 83:3, 100:11, 116:7 Natural - 36:8, 37:17, 39:14, 39:18, 46:24, 105:10 naturally- 140:11 nature - 19:12, 103:23, 103:24, 104:15 Nave - 25:4 near- 2:14, 48:10, 48:21, 64:3, 75:5, 126:9, 141:19, 142:20, 149:20, 150:14, 156:10 nearby - 148:11 nearly - 22:15, 28:21, 60:2, 87:21, 94:16, 106:2necessarily- 50:9 necessary

- 12:6, 14:18, 25:25, 72:8, 86:3, 104:5, 122:16, 139:18 necessitates - 104:22 necessities - 117:1 necessity- 115:22 neck - 92:15 need - 2:11, 3:13, 3:16, 8:15, 12:20, 12:22, 42:11, 43:3, 49:22, 54:24, 55:20, 60:20, 67:21, 80:13, 81:9, 81:11, 81:12, 115:1, 115:19, 121:5, 122:25, 136:15, 137:23, 138:1, 138:3, 138:4, 138:7, 139:10, 139:19, 145:9, 148:12, 150:18, 153:5, 153:6, 153:18 needed - 30:24, 99:6, 117:1 needing - 151:21 needs - 5:24, 25:23, 26:24, 55:15, 83:7, 92:22, 140:12, 145:10 negative - 89:14, 117:9, 140:22, 148:23 negotiated - 91:23, 91:25, 92:2 neighbor- 34:19, 35:2, 120:1 neighborhood - 149:24 neighbors - 144:6 Nelson - 59:5 networks - 124:7 never - 43:15, 106:6, 121:3, 121:4, 135:24 new- 8:7, 8:22, 14:19, 16:22, 18:21, 25:19, 28:10, 31:3, 37:22, 38:2, 38:8, 38:20, 49:8, 59:16, 61:10, 61:12, 61:15, 61:19, 61:23, 62:3, 62:25, 63:4, 66:7, 66:16, 72:5, 72:6, 86:25, 89:12, 89:16, 94:2, 100:14, 100:15, 109:17, 109:19, 110:4, 111:5, 111:14, 114:19, 116:2, 116:12, 118:7, 118:9, 118:15, 132:19 newer- 114:7 Next - 11:4, 68:11, 95:14, 125:18, 127:21, 129:18, 131:14, 133:10, 135:15, 137:1, 138:12, 140:5, 141:11, 145:19, 147:24, 149:9, 150:24, 151:12, 153:14 next - 23:6, 34:18, 75:12, 92:25, 94:17, 132:23, 141:7, 144:13 nice - 78:21 niece - 144:9, 144:20 night - 34:23, 55:19, 129:1, 155:12 Night - 130:20 Nina - 95:15 nine - 119:19,

133:19, 138:8, 146:6 Nine - 146:5 Ninth - 123:14 nitrogen - 104:12 Nma - 106:12 Noble - 50:14, 50:15 Nobody - 120:19 nobody's - 92:21 nominee - 93:8 noncompliance- 93:17, 122:20 nonmining - 148:12 nonspecific - 106:25 Northeast

- 64:3 northern - 78:21, 142:4 notable - 76:12 Notary - 159:4, 159:18 note - 6:7 notes - 122:12 noteworthy- 17:7 Nothing - 141:21 nothing - 79:16, 79:24, 119:22, 131:9, 131:12, 136:3 notice - 38:6, 61:20, 61:24, 89:18, 118:19 notification - 87:8 notify - 10:5 notifying - 157:23 noting - 87:4 notion - 125:5 novel - 13:19 November

- 92:20, 159:21 nowhere - 48:10 Npdes - 1:2, 7:13, 7:15, 7:20, 7:25, 8:3, 8:15, 9:5, 16:1, 16:6, 16:7, 16:14, 16:16, 16:20, 16:21, 16:23, 17:8, 85:25 Number - 27:11, 29:14, 35:15, 63:18, 117:12 number - 3:17, 4:6, 4:14, 4:20, 6:18, 8:10, 20:3, 20:4, 20:10, 21:9, 23:6, 25:2, 31:16, 33:15, 37:9, 39:8, 41:17, 43:7, 44:20, 46:15, 46:17, 52:8, 54:1, 55:8, 55:14, 55:21, 57:19, 58:23, 59:9, 59:24, 63:14, 67:21, 78:8, 86:21, 89:1, 91:5, 93:3, 95:14, 97:15, 100:4, 100:22, 103:10, 107:3, 108:25, 109:11, 109:23, 110:1, 110:21, 110:24, 111:18, 113:3, 115:11, 119:12, 121:8, 121:9, 121:19, 137:18, 145:21, 158:10 numbers - 4:19, 5:3, 20:6, 80:4, 99:23, 125:14 numerous - 17:22, 30:22, 113:24 nurse - 137:16 nursing - 152:21 nutrient - 104:5 

# O O'dale - 57:13 Obama - 22:4, 22:22, 29:21, 30:12, 30:16, 30:21, 44:7, 94:6, 94:8, 128:10, 151:6 Obama's - 22:10 obeying - 26:12 object - 74:22, 121:13 objected - 6:5, 8:10, 16:18, 16:19, 121:13 objecting - 148:25 objection - 14:23, 16:13, 71:13, 84:13, 87:4, 90:1, 122:5, 122:11, 122:12 Objections

- 1:2 objections - 9:4, 10:1, 10:4, 10:10, 10:13, 11:16, 11:24, 15:25, 17:5, 17:13, 17:17, 17:25, 18:2, 18:4, 19:17, 19:23, 21:15, 22:7, 25:10, 29:11, 39:3, 44:14, 46:9, 50:11, 63:3, 69:13, 76:9, 78:3, 86:12, 90:7, 90:11, 90:19, 94:2, 102:24, 106:19, 107:1, 111:20, 113:17, 118:8, 119:9, 121:16, 138:20, 146:9, 156:5, 156:24, 157:18, 157:22 objective - 53:8 objectives - 2:20, 2:21 obligated - 12:5 obligation - 14:16, 101:4 obligations - 84:18 observed - 101:11 obsolete - 124:14 obstructing - 30:23 obstructive - 37:24 obtain - 3:16, 131:20 obvious - 66:19, 87:25 obviously

- 93:19, 116:3, 130:10 occurred - 16:14, 32:5, 61:9, 77:17 occurs - 13:10 October - 87:3, 154:12 odd - 20:4 offender - 22:6 office- 5:14, 25:9, 25:11, 27:13, 39:12, 77:24, 130:3 officer - 5:9 offices - 121:19 official - 22:22, 53:7, 96:23 officials - 24:7, 26:6, 96:22, 131:1, 136:17, 150:4, 150:7, 150:11 often - 114:22 Ohio - 24:12, 38:19, 57:21, 57:23, 58:23, 63:25, 66:5, 66:25, 68:4, 142:4 oil - 42:17, 42:19, 119:19, 119:20, 154:9, 154:10 old - 79:12, 141:23, 149:20 oldest - 79:10 on-line - 3:16, 67:20, 124:6, 125:2, 125:4 once- 142:1, 151:20 Once - 10:4 One - 26:2, 101:23, 122:3, 140:9, 144:1, 144:6 one - 14:8, 15:4, 16:12, 16:21, 25:21, 28:9, 28:25, 30:2, 32:4, 33:10, 36:6, 36:7, 41:12, 43:25, 47:3, 53:11, 58:5, 58:23, 59:21, 59:24, 64:20, 70:5, 83:8, 85:4, 86:22, 91:5, 92:19, 92:20, 94:20, 96:2, 98:7, 101:11, 110:17, 115:24, 121:21, 122:5, 122:9, 125:25, 136:13, 137:13, 140:18, 140:20, 141:16, 143:12, 149:16, 149:18, 150:5, 151:25, 152:5, 152:10, 152:17 one-third - 25:21, 58:5 ones - 120:17, 122:5, 152:18 ongoing - 19:19, 49:15, 132:20 open - 9:21, 51:19, 57:2 opened - 144:15 opening - 5:7, 11:9, 20:1 openly- 39:3 operate - 26:14, 53:21, 58:4, 58:6, 132:19 operates - 29:24 operating - 13:13 operation - 16:16, 16:17, 16:22, 42:22, 64:16, 154:16 operations - 5:22, 11:17, 11:23, 13:20, 16:2, 16:11, 28:10, 75:1, 75:5, 77:7, 84:25, 91:22, 111:4, 116:18, 142:23 operator- 43:13 Operators

- 91:4 operators - 28:5, 28:23, 91:7, 92:6, 92:16, 93:12 operators' - 143:3 opinion - 14:10 opinions - 46:5 opponent - 130:4 opportunities - 69:16, 104:20 opportunity

- 2:7, 2:18, 4:9, 4:15, 10:21, 15:24, 19:21, 21:13, 25:1, 25:2, 25:13, 35:5, 36:1, 38:10, 53:23, 61:5, 62:23, 63:22, 65:7, 75:15, 75:23, 97:15, 133:13, 139:9, 143:23 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 13 opposed - 29:20 oppressive - 37:23, 58:15 oral - 7:10, 157:14, 158:1 orange - 119:21 Order - 65:6 order - 39:25, 93:6, 113:14 orders - 71:17 Organization

- 124:24, 139:1 organization - 20:13, 20:19, 28:17, 74:2, 76:24, 99:4, 122:3 organizations - 132:10 organized - 130:24 original - 10:3, 87:2 originally

- 129:21, 132:8 otherwise - 12:13, 14:14, 159:11 ought - 94:9, 94:11, 94:14, 128:22, 136:10, 147:17 ourself- 72:7 ourselves - 137:24 outcome - 159:11 outlets - 132:16, 132:25 outset - 157:23 outside - 34:16, 67:17, 85:6 overall - 14:9 overburden - 84:4 overcarbonated - 80:21 overly - 98:12 overreach - 26:4 overreaching - 45:16, 45:18 oversee - 99:13, 99:18, 104:17 overseeing - 12:3 oversight - 15:9, 26:8, 76:7, 76:11, 90:5, 99:6, 99:15 overturn - 29:11 overwhelm - 15:6 own - 7:22, 22:2, 31:6, 50:25, 60:1, 60:7, 74:14, 74:21, 74:23, 75:9, 114:6, 121:24, 140:11, 145:7, 149:2 owned - 13:10, 144:20 owner - 68:1 owners - 51:5, 112:9 owns - 29:24 

# P Padgett - 145:23, 145:24 paid - 58:10, 72:15, 72:16, 72:18, 90:10, 105:21, 105:25, 133:2 painful - 106:25 paint - 100:7 Paintsville

- 39:16 Panel - 124:11, 125:3 panels - 81:2 papaw - 151:18, 151:20 paper - 3:18, 14:10,36:2, 125:17 Paradise

- 45:3 parameter - 19:6 parent - 35:2, 129:25 parents - 152:19 parking - 134:24 parks - 58:8 part - 3:24, 7:2, 7:24, 25:25, 40:1, 70:17, 70:18, 88:25, 93:14, 104:3, 125:11, 128:5, 132:9, 149:25, 151:18, 151:23 part-time - 93:14 participate - 77:14, 77:16 participating - 10:24 participation - 124:8, 150:10, 157:12, 158:7 particular- 9:12, 10:18, 45:9 particularly- 31:8, 82:8 parties - 50:6, 159:7, 159:11 partners - 65:9 partnership - 13:1 parts - 68:8, 134:22 pass - 54:6, 127:7 passage- 74:5, 101:19 passed - 48:3 past - 6:9, 8:9, 17:21, 39:13, 54:9, 109:5, 109:6, 114:5, 130:17, 135:23, 141:4, 148:15 pastime - 63:8 pasture - 96:9, 96:10 patience - 157:11 patients - 137:18, 152:21 Patriot - 132:15, 132:19, 133:2 Patriot's - 132:18 pattern - 122:19 Patton - 109:2 Paul - 23:8, 23:9, 127:22, 127:23 pause - 110:10 pay - 52:3, 80:22, 81:15, 98:2, 98:13, 108:20, 144:22, 154:14, 155:22 paycheck

- 59:17 paying - 57:25 payroll - 105:20 Pearce - 78:9 peddled - 156:25 pediatric - 137:17 pediatrics - 137:17 penalized - 24:13 pending - 17:18, 90:19, 99:8 Pennsylvania

- 38:19, 63:25, 66:6, 66:25 people - 2:5, 2:17, 3:5, 3:7, 3:15, 4:5, 4:9, 9:4, 9:16, 14:14, 21:25, 22:12, 22:20, 23:16, 23:20, 23:25, 24:18, 25:1, 28:24, 33:12, 33:24, 34:6, 34:8, 34:11, 34:16, 35:5, 36:16, 37:4, 37:6, 38:22, 38:23, 39:1, 41:21, 41:23, 42:5, 42:6, 43:22, 46:11, 47:16, 47:17, 47:22, 50:17, 50:21, 51:12, 51:23, 52:1, 52:2, 53:10, 54:7, 55:5, 55:8, 56:10, 57:7, 57:15, 58:18, 60:15, 61:8, 62:20, 67:15, 67:18, 67:21, 79:14, 79:16, 81:3, 81:13, 85:4, 88:2, 88:13, 94:12, 95:1, 95:10, 95:22, 95:24, 95:25, 96:4, 96:19, 97:14, 97:18, 97:19, 98:8, 105:19, 107:11, 108:9, 108:18, 108:19, 112:21, 112:22, 112:23, 115:4, 123:18, 123:22, 125:23, 126:8, 126:17, 128:20, 129:16, 130:7, 131:5, 132:14, 137:12, 144:10, 145:9, 146:11, 147:13, 147:19, 148:9, 148:11, 148:13, 149:13, 149:16, 150:14, 150:21, 153:22, 155:20, 155:25, 156:2 People - 77:23, 154:19 People's - 152:23 people's - 154:19 Pepsi - 34:11 per- 18:22, 45:8, 71:6, 73:11 percent - 42:25, 45:5, 45:6, 64:20, 68:7, 94:20, 100:5, 124:21, 139:24, 156:11, 156:12 perfectly

- 23:6, 46:2 performed - 18:8 perhaps - 90:15 Perhaps - 22:8 period - 9:21, 63:5, 116:11, 116:19, 141:5 permanent - 104:4, 125:12 permit - 6:10, 7:15, 8:9, 10:1, 10:6, 10:17, 13:6, 15:25, 16:13, 16:14, 16:16, 16:21, 17:5, 17:13, 17:16, 18:3, 18:12, 19:9, 19:17, 19:23, 20:14, 20:20, 25:16, 28:4, 28:9, 29:5, 32:17, 38:8, 39:3, 47:20, 50:10, 62:2, 62:8, 85:12, 85:14, 85:25, 86:21, 86:24, 87:2, 87:4, 87:13, 87:23, 90:7, 90:10, 92:1, 92:7, 106:18, 108:1, 108:2, 109:11, 109:14, 109:23, 109:25, 110:8, 110:21, 110:24, 110:25, 112:2, 114:19, 118:20, 121:1, 121:4, 126:23, 136:18, 142:25, 146:9, 153:1, 157:18 Permits - 1:2 permits - 6:5, 7:5, 7:11, 7:12, 7:13, 7:20, 7:25, 8:4, 8:11, 8:15, 9:5, 9:6, 9:11, 10:12, 10:14, 10:20, 11:16, 11:24, 14:24, 15:13, 16:1, 16:7, 16:20, 17:9, 17:23, 21:16, 25:10, 29:11, 30:23, 33:3, 33:4, 33:11, 37:4, 37:5, 37:22, 38:2, 42:17, 44:14, 45:17, 46:10, 47:22, 49:8, 49:11, 54:6, 58:18, 59:16, 61:12, 61:23, 69:13, 70:15, 71:11, 71:14, 72:2, 72:8, 74:18, 74:21, 74:22, 76:4, 76:10, 78:3, 83:21, 84:13, 85:2, 86:13, 86:22, 89:12, 90:2, 90:19, 94:5, 99:17, 100:13, 102:25, 103:14, 106:20, 109:7, 109:9, 110:16, 111:7, 111:13, 111:15, 111:16, 111:18, 111:20, 111:23, 112:1, 112:5, 112:6, 112:12, 112:13, 112:14, 112:17, 113:23, 114:7, 117:8, 118:9, 118:16, 118:23, 119:18, 121:13, 121:16, 126:11, 127:2, 127:4, 127:7, 132:17, 134:3, 135:21, 136:13, 138:21, 143:6, 146:9, 147:8, 149:1, 157:2 permitting - 7:24, 12:13, 12:17, 18:23, 22:13, 26:9, 68:17, 102:1, 106:15, 146:7, 153:7 perpetuated - 62:24 Perry - 50:15, 51:19, 72:13, 107:5, 108:7, 135:16 persecute - 91:8 persecuted - 58:20 perseverance- 125:16 persists - 75:11 person - 21:18, 97:5, 97:6, 149:18 personally

- 77:1, 133:18, 134:4 persons - 157:25 pertaining - 131:24, 132:9 pervert - 96:25 Peters - 11:5, 11:11, 11:12, 107:14 petition - 32:16 petitioning - 124:9 petroleum - 154:20 ph - 47:1, 54:21, 57:13, 71:6, 92:14, 104:7, 120:22, 129:1, 131:8, 131:11, 142:20, 146:16 phases - 132:23 philosophy

- 22:24 phones - 3:11 phosphorus - 104:12 photo - 131:7 physical - 74:10 pickled - 34:10 picture - 100:8 pie - 34:11 piece - 14:10, 125:17 Pike - 46:20, 91:4, 149:18 Pikeville - 141:17, 142:20 piles - 131:2 pink - 29:4 pipes - 28:21, 48:2, 48:6 piping - 140:11 place - 14:1, 38:5, 40:12, 46:7, 123:23, 142:12, 154:6 placed - 71:7 places - 126:24 placing - 97:19 plan - 65:5, 124:21 planet - 22:1 plans - 111:21, 142:12 plant - 12:17, 30:25, 45:3, 48:20, 48:21, 48:22, 54:18, 54:21, 54:22, 56:14, 56:15, 56:20, 57:2, 79:19, 153:25 plant's - 64:12 plantings - 77:17 plants - 8:6, 56:23, 59:19, 72:4, 72:10, 97:24, 153:23, 154:24 play - 73:3, 137:6 plea - 104:24 plentiful - 82:9 ploy - 156:3 plus - 17:21 Pm- 1:10, 4:18, 158:14 Pmj - 97:24 point - 8:22, 9:23, 17:7, 30:13, 39:4, 55:17, 68:19, 101:23, 102:11, 109:8, 124:20, 127:10, 132:6, 153:16 points - 72:7, 131:22 poison - 155:17 poisoned - 79:2 police - 58:7, 131:8 policies - 11:22, 21:24, 72:21, 73:14, 90:14, 102:16, 149:16 policy- 26:1, 33:23, 34:13, 45:11, 46:1, 46:4, 50:7, 66:2, 88:3, 91:11, 104:1, 113:5, 124:12, 125:4 policymaker - 33:19, 36:16 political - 12:12, 29:8, 50:6, 50:16, 53:21, 66:1, 67:11, 68:21, 75:9, 86:14, 124:7, 130:2, 142:15, 146:17, 146:23 politicians - 104:16, 150:6 pollutant - 7:7, 7:20, 59:24 Pollutant

- 7:12 pollutants - 6:24 pollute - 58:11, 58:12 polluted - 76:14, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 14 83:19, 141:25, 148:7 polluting - 81:10 pollution - 5:18, 6:20, 7:16, 9:7, 9:8, 48:2, 76:18, 78:1, 84:11, 84:25, 99:17, 113:21, 126:22, 127:3, 132:16, 132:23, 132:24, 138:21, 150:16, 152:14, 152:17, 152:22, 153:1 Pollution - 152:14 pond - 52:18, 52:19 ponds - 52:16, 72:6, 87:19, 109:18, 110:5, 111:6, 111:14, 144:24 poor- 8:24, 71:5, 71:7, 97:6, 156:17 Pop - 57:11 pop - 34:9 population - 156:12 porch - 144:2 posed - 90:15 poses - 84:11, 90:5 position - 24:11 positively

- 127:25 possible- 2:17, 3:7, 4:9, 12:8, 20:9, 21:4, 27:8, 35:14 possibly - 42:23 post - 135:4 post-active - 135:4 posted - 10:8 potential - 18:7, 18:9, 18:14, 75:1, 90:9, 122:14, 122:16 poverty - 116:23, 126:4, 126:20, 130:18 power - 30:25, 33:7, 40:7, 40:24, 42:25, 56:20, 56:23, 57:2, 59:19, 64:11, 64:13, 74:22, 79:19, 98:17, 98:18, 108:20, 128:6, 143:3, 149:21 Power - 72:18, 81:24 powered - 49:4 powerful - 75:9, 96:3, 96:6, 96:24 powers - 30:15, 40:14, 98:15, 123:18, 128:17 practice - 61:22, 116:22 practices - 6:10, 6:14, 8:25, 19:3, 38:4, 84:15, 84:21, 84:22, 116:15, 156:9 Pratt - 129:20 precious - 82:1 precipitation - 109:13, 109:25, 110:23 precisely

- 99:20, 132:1 preparation - 8:6 prepare - 136:15 prepared - 23:11, 67:16, 71:11, 93:3 preparing - 20:12 present - 29:18, 82:9, 140:16 presently- 76:5, 109:16, 110:3, 110:25, 111:4 President

- 22:10, 23:21, 24:4, 30:12, 30:15, 31:18, 32:15,44:7, 66:22, 95:9,

151:6 president - 43:17, 47:19, 61:3, 71:25, 91:3, 105:5, 105:8, 107:7, 109:2 President's

- 67:3 presidential - 66:20, 92:18 presiding - 5:9 pressing - 139:9 pressure - 127:6 Pressure

- 155:7 pressures - 86:14 prettiest - 60:12 pretty- 141:22, 151:17 prevent - 6:22 preventing - 14:22 preview- 69:2 previous - 95:19 previously

- 16:16, 16:17, 90:4 priced - 65:4 prices - 22:21, 26:16, 34:3 Pride - 28:16 Pride's - 28:22 primarily

- 18:5 primary- 118:4 principle - 11:20, 34:13 principles - 40:12 priorities - 50:2 pristine - 78:23 private - 81:6, 97:17, 112:9, 155:23 privately- 13:10 privately-owned - 13:10 pro - 28:14, 63:10 problem - 47:25, 95:4, 95:10, 154:8, 154:9 problems - 6:22, 84:12, 113:22, 126:19, 154:25 procedures - 18:16, 18:23, 38:11, 61:15, 89:21, 100:4, 158:3 Procedures

- 45:22, 91:12, 93:17, 118:21 proceed - 8:8, 33:2, 63:3 proceedings - 159:6, 159:8 process - 4:3, 4:24, 5:6, 7:24, 10:24, 12:11, 12:21, 13:21, 14:23, 22:13, 28:4, 33:4, 102:1, 106:15, 114:18, 123:5, 136:18, 136:20, 144:15 processes - 14:22, 64:12 processing - 110:25 produce - 43:24, 49:5, 60:22, 64:20 produced - 45:1, 105:14, 105:17 producer - 36:12, 59:10, 105:13, 105:16 producers - 54:16 produces - 45:5, 45:6, 56:2, 57:23, 58:3, 58:5 producing - 30:14, 31:23, 31:24, 37:13, 46:18, 52:13, 54:19, 54:25, 59:6, 91:5 production - 13:24, 36:7, 50:8, 90:18, 102:18 products - 49:5 Professional - 1:23 professional - 65:22, 101:2, 101:4 professor - 146:3 profit - 84:2, 104:20 profound - 40:16 program - 13:14, 14:17, 16:6, 16:23, 62:2, 75:14, 85:25, 86:1, 99:14, 99:19, 115:14, 115:15, 124:23 programs - 12:4 progress - 64:21, 74:6 prohibit - 146:18 prohibited - 123:20, 128:19 project - 124:19 projects - 8:5, 8:8, 8:14, 49:9, 62:19, 63:3, 77:16 prolonged - 62:12 promisee - 45:17, 46:3 promote - 65:15 promulgated - 26:6 pronounce - 54:20 proof- 22:7, 94:5 properly- 122:22 property- 87:22, 144:10, 144:20, 145:7 propose - 128:13 proposed - 16:8, 16:13, 16:16, 16:19, 17:22, 18:8, 74:25, 109:16, 109:18, 111:21, 114:7 prosecutor - 36:8 prospect - 21:21 prosperity

- 50:1 protect - 6:11, 7:7, 7:17, 12:6, 12:8, 13:2, 14:18, 29:6, 42:5, 50:4, 65:14, 71:14, 74:13, 75:8, 77:25, 82:6, 85:20, 85:23, 86:10, 103:18, 113:12, 113:14, 113:20, 113:21, 115:4, 127:5, 127:8, 137:23, 137:24, 138:6, 139:6, 156:21 Protecting- 77:12 protecting - 31:13, 53:19, 81:17, 83:3, 84:14, 132:3 protection - 12:4, 13:3, 13:20, 31:12, 113:10, 121:20 Protection- 1:1, 5:14, 11:8, 15:23, 21:14, 27:19, 31:22, 32:7, 32:9, 32:13, 36:9, 49:6, 74:12, 91:20, 146:5 protections - 114:6, 129:5 protestors - 60:5 protocol - 13:21, 49:11, 71:7 Protocol - 125:1 proud - 28:22, 34:24, 37:13, 37:18, 48:18, 59:10, 61:3, 64:4, 64:21, 73:18, 78:11, 83:7, 98:21, 101:12 proudly - 49:18 provide - 15:24, 19:21, 21:13, 80:15, 94:5, 101:17, 101:25, 113:9, 122:15, 122:17, 138:3 provided - 8:2, 9:20, 10:7, 17:22, 23:19, 76:6, 102:7, 106:2, 114:5, 157:25, 158:2 provides - 7:25, 45:3, 49:24, 62:11, 94:13, 94:15, 94:16 providing - 19:22, 26:21 provision - 114:15 provisions - 13:13, 31:25, 86:9, 90:3, 101:25 proximity- 26:19 prudent - 39:21 public - 5:16, 9:21, 17:6, 18:4, 38:5, 38:6, 45:11, 50:3, 52:5, 53:7, 62:13, 66:2, 74:13, 75:8, 91:14, 101:5, 102:2, 113:15, 115:22, 121:15, 131:21, 156:4, 157:5, 158:9 Public - 1:1, 1:9, 50:14, 63:20, 89:4, 98:25, 121:9, 143:17, 153:15, 155:6, 155:8, 155:10, 158:14, 159:5, 159:18 pull - 141:20 punish - 43:18 punished - 24:14 punishing - 44:11, 98:5 pure - 82:9, 134:18 purified - 140:15 purpose - 6:3, 29:1, 66:9 pursuing - 45:25 pursuit - 40:21, 41:6 pushed - 96:16 Put - 48:6 put - 22:3, 24:6, 25:6, 33:12, 51:12, 52:5, 56:18, 81:4, 82:24, 129:12 puts - 94:9 putting - 22:19 

# Q quality- 6:12, 7:8, 7:17, 7:23, 9:3, 14:9, 17:11, 18:11, 19:7, 19:14, 26:20, 57:24, 61:10, 65:3, 70:11, 74:13, 76:8, 76:21, 77:4, 77:12, 85:1, 85:17, 85:22, 85:25, 86:10, 89:16, 99:19, 104:21, 109:21, 114:7, 121:25, 132:21, 134:5, 134:6, 143:5, 153:20, 156:16, 156:17 quarrel - 96:4 quarter- 64:10 quarterly - 84:2 questionable - 69:9 questions - 158:7 quit - 44:7, 44:8, 152:1 quite - 2:5, 55:25, 97:13, 114:13, 117:3, 142:16 quote - 65:8, 65:11, 71:8, 103:20 

# R Racey - 63:20 radical - 23:1 rail - 34:1, 35:18 raise - 50:18, 153:16 raised - 129:25, 130:1, 142:3 raises - 66:10 raising - 5:4 ramifications - 117:9 Rand - 23:8 range - 79:11 ranging - 16:10 ranking - 35:21 rapidly - 103:4 rate - 50:25, 69:7, 98:1 rates - 30:4, 34:4, 77:20, 126:18, 126:20, 148:10, 156:10 rather- 26:5, 89:18, 119:6 Rather - 12:17 rational - 15:9 ravaged - 96:20 raw - 87:17 re - 54:19, 67:3 re-election - 67:3 reach - 10:16, 15:14, 52:19, 158:8 reaching - 10:19 read - 14:10, 25:5, 122:5, 128:5, 128:16, 130:10, 131:6 readily- 65:3 ready - 53:14, 63:15, 80:6 reaffirm - 10:3, 10:12, 76:9, 79:8, 79:25, 121:15, 156:23 reaffirming - 86:12 real - 51:25, 64:21, 73:16, 155:25 reality - 114:13 realize - 35:7 really - 35:11, 52:1, 60:19, 97:4, 125:7, 129:15, 132:9, 137:23, 138:1, 145:13, 147:21, 153:19, 154:23, 155:2, 157:8 realtime - 6:21 realtors - 22:16 reason - 10:16, 24:1, 38:22, 47:25, 73:4, 92:8, 108:18, 108:21, 119:17, 144:5, 146:8, 148:20 reasonable- 18:7, 18:9, 18:13, 63:5, 75:1, 116:10, 116:12, 122:13, 122:16 reasonably

- 12:8, 12:23, 13:5 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 15 reasons - 50:16 receive - 9:12, 11:15 received - 8:15, 10:1, 87:8, 157:13, 157:16 receiving - 16:23, 19:13 recent - 25:18, 76:16, 94:20, 97:25, 106:12, 114:3, 116:1, 116:2, 132:15 Recent - 8:20 recently- 22:23, 61:18, 116:17, 119:25 recession - 38:16 reclaim - 14:2, 120:14, 135:5, 142:23 reclaimed - 83:24 Reclamation

- 13:12, 101:20 reclassify

- 31:4 recognize- 5:22, 5:24, 14:15, 26:24 recognized - 115:21 recognizes - 119:2 recommend - 75:11 recommending - 74:17 record - 3:24, 23:12, 25:7, 69:6, 69:7, 89:1, 122:19, 125:12, 135:6, 145:20, 157:19 records - 52:5 recourse - 14:24 recover - 38:15 recreation - 114:12 redefined - 102:9 redesigning - 6:17 redirect - 48:5 redress - 32:15, 33:9 reduce- 6:18, 68:20 reduced - 64:19, 117:9, 159:7 reduction - 124:21 referred - 45:24 referring - 20:15, 149:4 reflects - 51:4 refuse - 75:10 refused - 122:15 refusing - 53:17 regain - 69:15 regard - 9:13, 17:5, 31:11, 53:21, 74:15 Regarding

- 1:2 regarding - 11:24, 12:2, 15:25, 89:12, 91:25, 123:25, 149:15, 157:18, 158:3 region - 9:4, 15:4, 38:20, 45:4, 62:25, 77:5, 77:10, 99:2, 150:22 Region - 11:14, 15:11, 91:25, 158:9 regional - 5:14, 5:15, 10:1, 98:3, 157:21 regions - 102:17, 102:20 register - 67:19 registered - 3:5, 3:16, 4:5, 10:7, 65:22, 145:21, 146:3 Registered

- 1:23 registration - 3:23, 21:6, 67:22, 88:24regret - 29:17 regrets - 27:14 regrettably

- 95:3 regularly

- 77:14, 77:16, 84:23 regulate - 76:23, 91:11, 128:8 regulated - 12:20, 12:21, 14:25, 32:1, 91:12 regulating - 97:2 regulation - 26:15, 30:18, 31:3, 32:22, 33:1, 52:24 regulations - 12:6, 12:10, 12:19, 13:4, 13:7, 14:1, 14:17, 17:2, 17:3, 17:8, 17:15, 17:24, 18:17, 25:19, 26:6, 27:20, 30:25, 38:3, 38:21, 45:13, 45:23, 46:7, 49:14, 56:17, 56:22, 57:1, 58:15, 59:20, 65:6, 73:15, 91:13, 97:21, 98:13, 98:18, 98:19, 98:20, 116:2, 120:9, 123:3, 127:4, 131:24, 132:13, 149:4, 157:21 Regulators

- 12:19 regulators - 12:21, 103:15, 104:17 regulatory

- 14:20, 16:25, 17:2, 17:3, 18:22, 22:5, 22:9, 22:23, 26:3, 28:6, 35:1, 68:15, 84:23, 90:21, 106:23 Regulatory

- 105:9 rein - 88:2 reinforce - 153:6 reinterpretation - 102:12 reinvested - 26:23 reiterate - 78:15 reject - 13:6 rejecting - 38:2 relate - 6:5 related - 59:15, 76:8, 113:22, 159:11 relating - 121:20 Relations

- 63:20 relative - 34:20 release - 38:2, 47:20, 47:21, 144:22, 145:12 released - 144:16 reliable - 39:24, 49:4, 95:1 rely- 22:17, 53:7, 154:23, 155:1 remain - 8:12, 25:25 remained - 18:1 remains - 7:2, 8:16, 17:18, 21:22 remarks - 5:7, 11:9, 20:1, 157:6 Remember

- 75:22, 152:24 remembers - 101:24 remind - 67:20 removal - 13:9, 87:13, 102:6, 126:9, 131:24, 148:22, 150:15 remove - 28:21, 46:9, 153:21 removed - 109:10 renewable - 80:11, 81:7 renewables - 13:25 renewal - 72:5, 87:1 replace - 43:1, 61:15 report - 70:18 Reporter - 1:23 Reporter's

- 159:1 reports - 99:12, 114:2 represent - 35:17, 39:1, 41:21, 43:9, 46:17, 47:16, 48:15, 52:10, 59:5, 75:25, 78:13, 81:23, 95:17, 97:18, 99:1, 112:23, 127:14 representative - 98:4 Representative

- 39:10, 39:16, 41:19, 44:22, 46:20, 46:21, 47:14, 47:15, 48:14 Representatives

- 29:19 representatives - 95:5, 124:10, 137:25 representing - 20:13, 21:11, 37:11, 39:10, 72:1, 76:2, 78:10, 86:20, 89:7, 117:23 represents - 93:11 Republican

- 21:12, 48:17, 93:8 request - 19:17, 20:22, 27:3, 27:7, 62:18, 123:24 requested - 18:20, 25:8, 62:15, 91:18 require - 7:5, 49:3, 71:18, 104:15, 116:8, 143:4 required - 7:14, 64:19, 75:3, 85:23, 87:7, 122:13 requirements - 14:17, 14:20, 17:1, 17:2, 17:4, 18:12, 18:17, 18:22, 19:1, 19:3, 19:4, 19:5, 19:7, 19:9, 19:11, 32:1, 38:9, 61:11, 61:15, 61:19, 61:24, 62:4, 63:1, 63:5, 68:17, 69:18, 89:16, 90:22, 116:16, 118:16, 118:18, 157:20 requires - 7:20, 71:19, 85:16, 85:19 research - 49:15, 102:8, 115:16, 124:7, 125:2 reserved - 123:21, 128:19 residents - 76:16, 132:4 Resolution

- 48:3 resolution - 18:1, 19:19 resolve - 17:25, 62:14, 65:13 resource - 69:17, 115:24, 141:2 Resources

- 36:8, 37:17, 39:14, 46:24, 105:10, 111:17 resources - 12:7, 25:24, 82:1, 82:6, 82:22, 83:3, 115:5, 118:3 respect - 14:15, 18:3, 18:6, 18:15, 18:24, 21:3, 22:24, 143:6 respected - 84:2, 106:23 respectfully

- 19:16, 27:2, 37:3, 42:10 respectively- 123:21, 128:20 respond - 24:1, 24:17, 24:25, 42:23, 43:2, 70:4, 75:20, 79:25, 81:5, 81:16, 83:11, 84:22, 85:8, 86:15, 88:18, 151:9 responded - 25:11 responding - 62:17 responds - 26:18, 27:2, 27:23, 28:1, 28:4, 30:11, 36:17, 36:21, 42:2, 42:20, 56:25, 57:4, 57:8, 60:9, 68:16, 72:9, 78:5, 80:17, 81:10, 83:9, 85:7, 88:10, 88:16, 112:20, 125:24, 128:1, 129:13, 133:15 response - 122:25, 131:25, 150:6 responsibilities - 62:22 responsibility- 14:16, 24:16, 50:4, 53:11 responsible- 12:3, 13:15, 42:8, 83:2, 101:15, 105:22, 124:12 rest - 11:1, 23:20, 56:2, 69:5, 96:10, 96:11 restaurants - 56:3 restore - 74:9, 77:16 restricted - 135:20 restrictions - 4:17 result - 26:16, 66:13, 89:20, 117:3, 118:13, 126:17 resulted - 17:16, 148:22 resulting - 118:23 results - 59:20, 114:17, 122:1 retained - 56:14, 123:17 retaining - 144:24 retains - 74:22 retired - 65:23, 137:11 retiree - 146:4 retirees - 64:23 retribution - 92:11 return - 80:17 returned - 78:20 revealed - 99:12 revelations - 76:16 revenue- 58:6, 58:7 revenues - 68:7 reverse - 41:8 reversing - 51:7 review- 2:21, 4:3, 8:1, 61:12, 91:15 reviewing - 85:2, 85:12 revise- 14:16 revised - 10:14, 111:21, 111:25 revision - 49:14 revisions - 89:22 revoke- 157:1 Revolution

- 40:5 Revolutionary

- 40:11 rhetoric - 13:8, 15:5 rice - 79:5 rich - 96:3, 96:6 Rick - 59:5, 70:2, 115:12 rid - 120:12 riding - 88:13 Ridley - 37:11 Rights - 40:20 rights - 40:22, 41:4, 41:10, 41:11, 41:12, 106:8, 123:16, 150:19 rings - 97:5 Rio - 54:21 rise - 93:25 risk - 72:7, 75:6, 150:15 River - 42:19, 48:8, 76:14, 109:3, 121:23, 139:25, 141:25, 153:2 river- 35:17, 54:14, 152:15, 152:16, 153:25 Rivers - 56:7, 56:9 rivers - 8:19, 48:7, 79:5, 79:11 road - 135:5, 149:23 roads - 70:24, 145:5 Robert - 33:16, 130:17, 145:23 Robin - 35:16 rock - 66:9 rod - 141:17 Roger's - 27:13 Rogers - 27:14, 27:18, 28:13, 29:10 role - 2:16, 73:3 Romans - 24:8, 107:11, 129:10 Rome - 24:9 room - 56:4, 63:15, 107:16, 140:17 roommate- 152:7 roots - 139:3 rosy- 100:8 rows - 59:18 royalties - 112:9 Rpa - 18:7, 18:16, 19:6, 87:5 Rpr - 1:22, 159:4, 159:18 rubber- 100:13, 100:15, 121:3 rubber-stamp - 100:15 rubber-stamped - 121:3 rubber-stamping - 100:13 ruined - 70:14 rule - 42:22, 45:15, 129:4 rulemaking - 14:21, 36:20, 89:19 rules - 2:22, 28:7, 35:4, 38:1, 42:9, 56:17, 120:18, 135:11 ruling - 85:13 rulings - 26:4 run - 79:12, 130:2 running - 34:25, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 16 51:19, 51:22, 134:16, 135:6, 142:5 runoff- 8:24, 60:2, 109:13, 109:25, 110:23, 134:10, 141:21, 142:22 runs - 33:22, 135:1 rural - 152:6 Rusty - 117:20 rusty- 77:5 Ruth - 103:11 

# S sacred - 79:13 sacrificed - 66:24 sacrificing - 148:13 sad - 52:4 safe - 2:19, 55:5, 82:12, 126:14, 126:15, 126:24, 126:25, 135:19, 137:14, 139:17, 139:21, 149:6 safeguard - 53:4, 84:19 safety - 36:7, 53:22, 101:5, 139:6 sale - 68:8 salesmen - 34:8 salinity - 86:4 salts - 8:24 Sam - 80:7 Samantha

- 151:13 sanctioned - 150:17 Sandy - 76:14, 139:25 sanitary- 146:7 Santa - 152:6 sat - 34:18, 78:23 satisfactory

- 132:2 save- 58:13, 96:19 saw- 60:13, 100:6, 101:19, 137:18, 152:8 scaring - 142:7 scars - 126:2 scary - 149:23 scattered - 96:18 scheduling - 25:12 school - 28:18, 36:2, 152:20 schools - 56:2 science- 14:7, 31:11, 67:11, 67:12, 86:5, 87:20, 100:19, 103:1, 103:2, 103:22, 103:23, 140:21 Science - 104:3 scientific - 12:24, 31:6, 84:24, 117:6, 141:6 scientist - 101:7, 136:11 scientists - 102:23, 103:2 Scott - 11:7, 15:21, 15:22, 94:17 scraped - 23:18 screen - 20:18 scrubbers - 56:11 seal - 159:14 seam - 151:24 seat - 2:2 seated - 2:14 seats - 2:4 Sebree - 79:17, 79:19, 79:23 second - 18:24, 20:6, 31:13, 35:21, 46:3, 70:5, 88:9,100:2, 100:3, 105:16,

106:16, 132:6, 132:8, 151:19, 155:24 second-ranking - 35:21 secondary

- 34:7, 87:24 secondly

- 18:11 secret - 28:2 Secretary

- 11:5, 11:11, 11:12, 36:23, 107:14, 107:17 Section - 19:15, 128:2, 128:5 secure- 2:19, 40:22 securing - 117:1 security- 27:1, 69:19 Sediment

- 8:23 See - 117:17 see - 2:14, 20:17, 23:15, 23:16, 34:18, 55:18, 67:21, 73:3, 97:13, 102:19, 136:2, 136:4, 155:11, 155:17 seeing - 148:17 seek - 64:17 seem - 153:22, 155:19, 155:20, 156:19, 156:21 sees - 55:17 selenium - 79:3, 104:14, 132:20, 140:10 self - 40:18, 45:25 self-centered - 45:25 self-evident - 40:18 selling - 34:9 sells - 34:10 Senate - 21:12, 31:19, 32:15, 33:18, 35:20, 48:4, 129:2 Senator - 21:11, 23:8, 23:9, 33:17, 35:16, 37:11 Senatorial

- 37:12, 38:24 send - 10:14, 129:3 sending - 76:24 sense - 6:10, 137:20, 143:20, 145:9 sent - 76:25 separate - 53:1, 155:24 separately

- 77:1 separation - 98:15 September

- 90:7, 90:11 serious - 84:11, 90:6, 94:1 seriously

- 32:11, 157:16 servant - 50:3 serve - 37:13, 37:16, 48:18 served - 39:13 serves - 62:6 Service - 109:3 service - 2:12, 68:8, 68:12 services - 55:16, 73:9 serving - 39:12, 39:17 session - 2:9, 21:16, 23:10 sessions - 98:12 Set - 60:20, 60:22 set - 3:6, 3:12, 6:9, 22:11, 23:5, 40:11, 53:8, 92:25 sets - 52:23, 126:13 settlement - 132:19, 154:14 seven - 106:20 several - 99:1, 99:4, 128:9, 128:15, 132:11, 144:16, 145:6, 145:7 severance - 26:22, 33:21, 49:17, 51:21, 58:10, 72:15, 90:9, 112:8 sewage - 87:17 sewer- 51:22 sewers - 48:7, 80:24, 87:17 shaft - 151:22 shall - 123:16, 128:6 shameful - 28:12 shamefully- 62:12 Shannon

- 123:11 share - 2:18, 13:1, 72:11, 139:15, 149:2, 151:17 sheep - 96:12, 96:21 sheet - 3:17 Shelby - 121:2 shift - 28:7 shifts - 124:17 ship - 54:14 shirt - 151:8 shirts - 148:17 shop - 50:19 shopping - 60:14, 134:23 shorelines - 51:18 short - 55:6, 82:20, 151:18 short-term - 82:20 shot - 127:17 shoulder- 96:16 show- 2:25, 21:2, 24:2, 70:6, 102:25, 116:19 showing - 35:12, 84:24, 103:5 shown - 24:3, 76:22, 77:18, 136:20, 148:9 shutdown - 28:3, 50:20, 50:21, 67:9, 72:4, 129:3, 144:14 shutdowns - 69:11 shuts - 50:21 shutting - 22:14, 69:7, 97:23 sic - 96:8 sick - 57:12 side - 95:23, 140:20, 140:21, 151:24 siege - 22:4, 22:8 Sierra - 70:3, 74:1, 76:1, 78:10, 84:11, 121:17, 121:18, 121:19, 155:13 sign - 2:10, 131:7 signature - 47:10, 159:14 significant - 75:6, 89:22, 114:18, 131:21 significantly

- 77:20 signs - 77:6 silence- 24:18 silenced - 24:19 silt - 77:11, 142:13 similar- 90:12 simple - 123:24 simply- 13:5, 15:16 Simply - 17:1, 22:3, 82:24 single - 60:4, 62:7, 95:6, 100:14, 124:4, 151:22 singled - 122:18 singling - 24:11 sink - 152:9 sisters - 97:3 sit - 56:4, 77:24, 107:15 sit-ins - 77:24 site - 19:12, 45:1, 49:21, 56:14, 56:15, 71:7 sites - 71:5, 76:17, 77:20, 83:24, 126:9, 130:22, 149:21 sitting - 28:24, 144:2, 147:4, 158:4 situation - 127:13, 132:10 six- 68:19 size - 6:18 skyrocketing - 50:9 slick - 145:13 slide - 158:10 slime - 145:13 slip - 29:5 slow- 42:16 slow-walking - 42:16 sludge - 95:20, 119:21, 131:2, 144:16, 144:22 slurries - 131:3 small - 25:22, 51:3, 66:21, 120:4, 130:2, 138:3 Smaller - 132:25 Smcra - 36:2, 36:4, 101:20, 101:24, 102:3, 109:13, 110:24 smell - 154:20 Smith - 29:15 Smoot - 27:12 social - 32:2, 32:4, 49:23, 124:7 Social - 138:25 society - 101:14, 101:16 soft - 147:16 soil - 49:21, 66:9, 69:1, 69:3, 82:8, 130:15 solar - 81:2, 81:7 Solar - 81:14 sold - 56:23, 56:25 solids - 19:8, 68:24, 104:8 solution - 15:12, 95:11, 112:24 Someday

- 153:8 someone - 3:3, 12:3, 55:17 Somerset

- 137:3 sometime - 114:13 somewhat - 147:19 somewhere- 56:6, 57:3 son - 34:23, 58:24 sons - 50:19 soon - 141:2 Sorry - 11:9, 85:3, 110:6 sorry - 79:14, 85:10, 97:9, 125:5, 125:10, 133:6, 133:8, 140:1, 140:4, 147:25, 151:8 sought - 53:11 sound - 117:6 source- 7:19, 25:17, 25:20, 39:24, 119:3, 119:6, 144:8 sources - 6:24, 9:2, 13:24, 39:22, 70:22, 84:14, 152:16 southeastern - 59:7, 68:4 southern - 28:18, 29:9, 68:3 Southern

- 31:20 sovereignty

- 45:20 Spalding

- 98:3 spawn - 124:24 Speaker - 21:10, 23:7, 25:4, 27:12, 29:15, 31:15, 31:17, 33:15, 33:16, 35:16, 37:8, 37:10, 39:8, 39:9, 41:17, 41:18, 43:7, 43:8, 44:19, 44:21, 46:14, 46:16, 48:12, 48:14, 50:14, 52:8, 52:9, 54:1, 54:2, 55:21, 55:22, 57:18, 57:20, 59:2, 59:4, 60:25, 61:2, 63:19, 65:19, 65:21, 67:23, 67:24, 70:1, 70:2, 70:8, 71:23, 71:24, 73:22, 73:23, 75:18, 75:19, 75:24, 78:8, 78:9, 80:6, 80:7, 81:20, 81:22, 83:14, 83:15, 84:7, 84:8, 85:11, 86:18, 86:19, 88:21, 89:1, 89:3, 90:25, 91:2, 93:4, 93:7, 95:15, 97:16, 98:23, 98:25, 100:22, 100:24, 101:1, 103:8, 103:10, 103:11, 105:2, 105:3, 105:8, 107:3, 107:4, 108:24, 109:1, 110:9, 110:14, 110:17, 110:21, 111:12, 113:2, 113:4, 115:8, 115:10, 115:12, 117:14, 117:16, 117:19, 119:13, 119:15, 121:8, 121:9, 123:10, 123:11, 125:8, 125:19, 127:22, 129:20, 131:15, 133:7, 133:11, 135:16, 136:24, 137:2, 138:13, 140:7, 141:12, 143:17, 143:21, 145:17, 145:20, 145:23, 147:25, 149:11, 150:25, 151:13, 153:15, 155:6, 155:8, 155:10 speaker- 3:17, 21:1, 23:6, 35:10, 78:16, 95:14, 97:15, 121:9, 125:18, 127:21, 129:18, 131:14, 133:10, 135:15, 137:1, 138:12, 140:6, 141:11, 143:16, 145:19, 145:21, 147:24, 149:10, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 17 150:24, 151:12, 153:14, 155:5 speakers - 2:25, 20:3, 21:3, 35:12, 63:14, 70:6, 75:22, 85:9, 93:1, 143:10, 143:19 speaking - 20:15, 20:20, 20:23, 83:16, 117:21, 121:11, 122:2 special - 122:20 Special - 37:18 specific - 6:24, 9:13, 14:4, 18:3, 18:25, 19:12, 20:14, 20:20, 21:15, 87:3, 131:22 Specifically

- 18:19 specifically

- 74:9, 102:6, 116:18 specified - 19:13, 70:15 speech - 130:10 spell - 20:11 spelled - 125:20, 149:12 Spencer - 48:16 spend - 95:18 spending - 130:3 spent - 35:20, 48:25, 73:8, 105:24, 120:13, 130:4 spill - 131:3, 154:18 spilled - 154:10 spills - 154:9 spit - 23:22 sponsors - 28:23 spring - 28:20, 144:5 staff- 4:22, 5:4, 15:11, 20:7, 63:18, 147:8 stage- 31:9 staggering - 90:15 stakeholders - 103:21 stamp - 100:15 stamped - 121:3 stamping - 100:13 Stan - 43:8 stance - 150:8 stand - 2:13, 24:16, 24:19, 36:15, 50:6, 55:16, 57:5, 71:13, 81:13, 86:5, 92:12, 115:8, 119:9, 127:16, 127:19, 130:8, 138:19, 148:5, 149:7, 150:20, 153:5 standard - 14:6, 19:7, 67:5, 101:17 standards - 7:23, 17:12, 18:11, 19:14, 25:15, 26:13, 28:7, 75:3, 83:10, 85:17, 85:19, 85:22, 86:4, 114:7, 114:16, 116:10, 116:12, 116:17, 143:5 Standing

- 59:8 start - 2:4, 5:20, 20:7, 20:17, 20:21, 29:3, 110:19, 111:8, 120:25, 123:14 started - 2:3, 78:24, 107:15, 124:18 Starting - 21:8 starting - 17:17, 38:15 State - 23:8, 31:19,31:20, 32:15, 33:17,

33:18, 36:6, 37:10, 39:10, 41:19, 44:22, 48:14, 79:1, 85:1, 85:11, 85:16, 93:16, 99:19, 105:16, 159:2, 159:18 state - 11:19, 12:10, 14:24, 17:11, 17:15, 17:24, 20:11, 24:10, 24:12, 25:11, 25:14, 26:17, 27:25, 31:23, 31:24, 32:9, 33:22, 35:23, 37:16, 39:4, 40:14, 41:11, 43:18, 43:19, 44:1, 44:2, 44:3, 44:5, 44:11, 44:16, 44:17, 45:6, 50:22, 53:3, 53:16, 53:17, 58:14, 58:21, 65:10, 71:15, 72:15, 74:14, 74:17, 74:19, 74:20, 76:19, 77:15, 77:25, 85:21, 85:24, 89:8, 90:10, 90:18, 91:5, 94:10, 94:12, 99:15, 99:18, 103:15, 104:17, 105:22, 105:25, 113:11, 114:2, 114:8, 114:20, 115:5, 118:20, 126:15, 134:23, 136:16, 136:20, 137:13, 137:24, 138:17, 142:11, 142:21, 142:24, 143:4, 144:13, 146:3, 149:14, 150:11, 150:17, 153:19, 154:24, 155:18 state's - 12:4, 26:8, 38:14, 41:7, 59:9, 62:18, 75:13, 76:11, 85:20, 89:6, 114:6, 114:9, 118:3, 157:1 State-at-large

- 159:18 statement - 4:6, 4:10, 20:22, 23:11, 29:16, 58:23, 86:6 statements - 4:5, 4:8, 4:12, 4:16, 5:1, 5:7, 24:24, 88:24, 158:1 states - 30:2, 33:8, 38:19, 41:9, 66:11, 66:17, 66:21, 66:24, 67:2, 67:6, 68:10, 68:20, 97:25, 98:9, 122:18, 122:20, 123:3, 128:9, 128:15, 132:2, 143:5 States - 21:12, 23:22, 24:4, 25:21, 45:7, 55:2, 123:19, 123:20, 123:21, 128:18, 128:19, 128:20, 141:3 statewide- 117:22, 139:2 station - 131:8 statistics - 137:21, 140:20 status - 118:11 stay - 11:4, 25:24, 120:24, 147:10, 147:16 staying - 147:20 steam - 45:3 Steel - 63:21, 63:23 steel - 33:25, 63:23,

64:8, 64:18, 64:20, 142:5 Steel's - 64:2 Steele - 46:17 Steiner - 81:22, 81:23 step - 20:10, 57:5, 75:12, 77:25, 106:25, 157:1 stepped - 74:12 steps - 51:7 Steve - 11:14, 101:1, 138:13, 151:4 stewards - 26:10 stick - 146:10 sticker- 103:24 stickers - 148:17 sticking - 125:16, 157:10 stifled - 30:16 still - 2:5, 15:17, 87:11, 97:13, 99:8, 102:22, 112:14, 114:8, 125:12, 136:1, 136:4, 152:19, 155:11 stinkin' - 137:7, 137:9 stinks - 147:19 Stivers - 33:16 stole- 131:8 stolen - 131:9 stood - 130:8, 152:3 stop - 12:14, 20:23, 23:2, 51:20, 69:2, 85:4, 95:6, 97:2, 104:24, 106:10, 106:14, 106:22, 148:12 stopped - 51:14, 107:23, 144:6 stopping - 127:3 store - 34:10, 51:5, 68:6 stories - 151:17 storm - 16:9, 134:25 story- 151:20, 152:5 straight - 28:21, 48:2, 48:6, 140:11 strange - 87:12 strangled - 68:18 strangulating - 27:19 strangulation - 30:17 stream - 19:13, 66:13, 70:12, 71:3, 134:11, 134:15, 135:19, 137:13, 141:19, 145:11 streams - 8:19, 28:22, 55:1, 59:25, 60:3, 70:14, 70:16, 70:20, 70:21, 71:3, 71:12, 72:6, 77:5, 77:6, 77:9, 79:11, 80:20, 82:14, 83:19, 84:12, 84:16, 84:19, 104:4, 104:6, 142:14, 144:19, 155:17 street - 52:17, 133:24 Street - 1:16 stretched - 128:4 stricter- 114:8 strides - 116:14 stringent - 7:21 strip - 52:14, 54:9, 120:20, 130:21, 135:2, 154:7 stripped - 120:21 strive - 38:12 strong - 9:6, 84:24, 86:5, 88:11, 127:16, 138:19, 149:7, 153:5 strongly - 32:14, 49:7, 69:12, 90:18, 102:7, 106:21, 117:8 struck - 149:17 structure - 108:16 struggles - 95:18 struggling - 26:17 studies - 8:21, 12:24, 15:3, 71:1, 77:18, 103:5, 148:8 study - 51:17 stuff- 120:6 stupid - 137:24 style - 134:2 sub - 134:25 subcommittee - 37:18 subdivisions - 134:24 subdrains - 135:2 subject - 6:6, 8:12, 17:6, 17:9, 18:4, 25:19 submit - 4:11, 42:10, 88:22, 88:24, 123:9, 125:10, 133:9, 140:2 submitted - 73:25, 86:24, 87:7 submitting - 105:10 subsequent - 114:20, 133:1 subsidiaries - 34:22, 105:17, 106:21 subsidiary

- 86:20 substantial - 67:2 succeed - 22:19, 118:7 success - 40:5 successes - 40:8 successful - 10:19 sue - 11:20, 127:9 suff- 119:8 suffer- 119:8, 148:10 suffered - 62:21, 156:10 suffering - 21:19, 120:17 sufficient - 76:6, 85:22 suggestion - 124:13 sulfates - 104:9, 104:11 sulfuric - 104:10 summarize- 70:17 summed - 22:23 sunny - 144:4 super - 40:7 superfund - 146:6 supervision - 159:8 supervisor- 147:6 suppliers - 105:25 supplies - 34:9, 49:1, 76:15, 105:24 Supply - 68:1, 68:11, 69:22 supply- 29:25, 100:10, 118:11 Support - 84:4 support - 12:5, 39:1, 47:8, 59:12, 66:24, 72:25, 76:3, 83:9, 86:8, 103:13, 106:3, 113:16, 124:20, 139:17, 139:25, 145:8, 146:8 supporter- 37:19 supporting - 37:15, 45:13 supports - 25:21, 62:12, 68:9, 86:5 supposed - 35:3, 120:9, 136:18 supposedly- 98:11, 154:21 Surely - 152:10 surely - 116:24 surface- 8:4, 11:17, 13:6, 13:8, 13:20, 16:22, 28:10, 36:7, 36:9, 45:18, 46:1, 56:16, 61:13, 62:5, 62:9, 66:8, 70:9, 70:11, 70:21, 74:16, 75:5, 76:8, 77:11, 84:20, 84:25, 102:4, 102:10, 108:2, 114:1, 118:9, 118:17, 119:23, 148:8, 148:14, 155:17, 156:8 Surface - 13:11, 101:19 surrogate - 14:8 surrounding - 156:8, 156:11 Survey - 141:3 survey - 60:1 survive- 38:12 Susie - 137:3 sustain - 72:8 sustainability

- 124:25 sustainable - 139:11 sustaining - 112:14 sustains - 8:25 Swan - 70:21 Swan's - 70:17 sweet - 146:24 sweet-cut - 146:24 swim - 137:14, 152:15, 153:10 swimming - 7:18 swing - 52:23, 67:1, 144:3 sworn - 22:10 symbolic - 88:14 System - 7:13 system - 131:25, 154:17 systematically

- 74:14 systems - 68:25, 132:20 

# T table- 3:23, 21:6, 67:22, 88:25, 112:16 tables - 94:10 tactics - 38:13 talker - 110:15 tap - 150:1, 152:11, 152:20, 154:19, 154:21 taps - 154:20 target - 6:23, 68:19 targeted - 47:19, 116:16 Task - 36:22 task - 156:20, 156:21 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 18 taught - 92:9 tax - 33:21, 108:16, 112:8 taxes - 26:23, 33:21, 49:17, 51:13, 72:15, 72:16, 106:1, 128:6 taxonomically

- 71:5 taxpayer - 124:18 Tech - 103:4 technical - 76:25, 105:10 technicalities - 147:7 technically

- 124:14 techniques - 6:22 technology

- 124:17, 153:23 teens - 47:24 temporarily

- 127:2 ten - 35:20, 132:17, 137:11 Tennessee

- 45:2, 66:6, 67:1 tens - 16:7, 38:25 tensions - 104:19 Tenth - 123:14, 124:9, 128:12, 128:16 term - 25:24, 36:18, 39:12, 82:20 terms - 20:16 terrible - 61:6, 137:20 terribly- 82:18 Terry - 21:10 test - 136:7 tested - 48:9, 70:25, 119:24, 150:2 testified - 36:3 testing - 70:9, 117:17 Texas - 107:9, 152:7 thanking - 5:20 themselves - 155:22 there'd - 111:3 thereafter- 159:7 thereby - 113:21 therefore - 11:25, 17:14, 143:1 They've - 23:17, 60:3 they've - 23:18 thin - 42:22 thinking - 78:24 third - 25:21, 56:24, 56:25, 58:5, 100:10, 105:13 third-world - 56:24, 56:25 Thomas - 5:17, 78:9, 92:21, 158:4 thorn - 129:12 thorns - 129:7 thousand - 97:21, 99:1, 130:5 thousands - 15:1, 16:7, 34:16, 38:25, 51:2, 51:4, 53:10, 59:14, 64:23, 69:20, 76:17, 83:18, 83:20 threat - 90:6, 90:15 threaten - 9:2 threatened - 8:20 threatens - 118:10 three - 28:11, 37:13, 37:14, 46:18, 57:2, 70:14, 71:5, 72:2, 87:11, 88:13, 94:13,109:7, 109:8, 109:9,

110:16, 111:7, 111:13, 111:16, 112:4, 112:5, 112:6, 112:12, 112:14, 119:25, 132:18, 145:11, 151:17, 154:4 threw - 152:1 thriving - 49:23 throughout - 77:4, 77:15 thrown - 90:1 tight - 142:9 Tim - 113:4 time's - 88:9 timely- 19:20, 142:24 timer- 20:17, 20:21 timing - 24:25 Tinto - 54:21 tobacco - 101:10 Today - 21:13, 59:12 today - 11:23, 15:25, 17:6, 23:10, 27:15, 27:18, 28:24, 35:19, 36:15, 37:2, 39:15, 39:20, 40:25, 43:12, 51:20, 52:4, 64:10, 75:6, 88:8, 89:10, 115:19, 117:21, 126:10, 127:16, 127:18, 131:6, 131:7, 139:8, 142:6, 155:18 today's - 30:18 Today's - 11:18 toe - 146:10, 146:20, 147:10 together - 104:23, 104:25, 109:6, 146:19 Toilet - 131:8 Tom - 57:12 tomorrow- 88:14 ton - 64:20 tonight - 2:7, 2:16, 2:19, 3:6, 3:15, 3:22, 4:4, 4:16, 9:18, 21:4, 25:2, 35:14, 37:20, 41:23, 42:13, 45:9, 47:4, 47:8, 53:7, 53:13, 54:5, 55:23, 56:4, 63:10, 72:22, 74:7, 81:24, 88:11, 91:6, 92:6, 93:25, 94:4, 99:25, 105:4, 105:12, 109:4, 112:18, 112:21, 113:16, 114:23, 114:25, 122:4, 122:6, 127:25, 129:8, 137:21, 143:19, 143:23, 148:5, 153:18 tonight's - 2:3, 2:9, 5:10, 121:15 tons - 64:15, 105:15, 105:18 took - 70:12, 108:14, 108:15 tool - 7:15 top - 119:20, 125:25 total - 19:8, 111:2, 112:7, 112:11 Total - 73:8 Tourism - 48:17 towering - 52:20 town - 154:5 Townsend

- 54:2, 54:3 toxic - 95:20 toxicity- 19:2 toxins - 142:13 Toyota - 30:8, 73:5, 94:16 toys - 52:22 Trace - 29:24 trade - 89:7, 107:22, 107:23, 107:24, 117:23, 123:25 trained - 121:23 transcribed - 3:25, 157:15 Transcript

- 1:9 transcript - 20:12, 159:8 transcription - 4:1, 159:7 transition - 63:4, 139:10, 139:12, 139:16, 148:15, 156:22 transitions - 101:22 Transportation

- 39:18 transportation - 22:17 traveled - 47:14, 141:15 tread - 96:9 treat - 73:18, 135:10, 152:14 treated - 56:15, 109:12, 109:24, 110:22 treating - 95:9 treatment - 12:17, 132:20, 153:23, 153:25, 154:15, 154:24 tree - 77:17 trees - 135:6 tremendous - 59:22, 77:13, 102:5 tribal - 65:10 tribes - 128:9 tried - 27:24, 144:25 trip - 141:16 trodden - 96:13 troubling - 95:7 truck - 34:8 trucks - 73:4, 145:5, 149:23 true - 14:13, 47:3, 128:21, 141:5, 159:6, 159:8 truly- 61:4, 63:6 Truman - 135:16 trust - 23:25, 24:1, 24:3, 24:7, 32:24, 73:18 Trust - 133:4 truth - 149:21 truthful - 53:8 truths - 40:18 try - 3:4, 3:7, 4:8, 20:8, 27:7, 96:3 trying - 28:6, 52:1, 52:2, 139:4, 143:19 turbines - 56:22 turmoil - 90:1 turn - 3:12, 10:25, 147:9, 157:5 turned - 125:21, 144:4, 157:9 turning - 22:12, 80:23, 80:24, 154:19 twice - 147:18 two - 2:20, 4:8, 6:9, 8:9, 12:1, 17:21, 18:5, 20:21, 20:23, 36:5, 40:6, 46:18, 48:18, 49:8, 50:18, 52:15, 52:16, 54:23, 59:9, 61:18, 62:7, 66:24, 68:5, 70:12, 87:19, 92:6, 94:20, 95:17, 95:21, 108:9, 108:11, 111:15, 115:24, 120:3, 125:6, 129:2, 131:22, 132:23, 133:19, 139:23, 140:4, 140:9, 143:10, 143:12, 143:14, 147:4 two-year- 49:8 type- 125:22 tyranny - 98:16 Tyrone - 48:20 

# U Udall's - 36:4 ugly - 126:2 Uk - 103:3, 137:16 ultimately

- 15:16 ultra - 36:18 unable - 9:18, 76:22, 124:14, 136:21 unacceptable - 67:4 unaffordable - 31:1 unalienable - 40:20, 41:4 unavailable - 18:21 uncertainty- 68:14 unconscionable - 94:24 unconstitutional - 88:7 uncovered - 99:10 under- 8:8, 22:4, 22:22, 26:14, 29:7, 36:22, 69:8, 74:6, 84:18, 89:19, 111:23, 112:1, 117:8, 127:6, 159:8 Under - 114:9, 132:18 underemployed - 94:21 undergone - 14:20 underground - 8:5, 36:6, 52:13, 102:13 unduly- 86:23 unelected - 50:7 unemployed - 21:21, 94:21 unemployment - 26:16, 94:19, 116:23 unfair- 38:11, 69:9, 73:16 unfortunately- 150:7 Unfortunately

- 15:16, 21:16, 118:8, 126:6, 139:21 unhealthy

- 82:25, 156:18 union - 25:22 Union - 37:14 united - 50:6 United - 21:12, 23:22, 24:4, 25:21, 45:7, 55:2, 123:19, 124:22, 128:18, 141:3 University

- 36:6, 70:13, 93:16, 103:2, 115:14 unjustifiable - 37:25 unknown - 8:23 unless - 79:7 unnecessary- 26:7, 26:15 unprecedented - 11:18, 11:19 unreasonable - 39:3, 106:24 unwarranted - 73:16 unwilling - 136:21 unworkable- 31:1 up - 2:4, 2:13, 9:22, 11:8, 20:10, 20:17, 20:23, 22:23, 24:16, 24:19, 28:20, 34:5, 41:10, 41:12, 47:16, 47:24, 48:6, 55:16, 57:2, 57:5, 58:2, 58:17, 72:4, 77:25, 88:9, 92:12, 92:13, 98:17, 100:5, 101:10, 105:7, 110:19, 113:19, 117:4, 119:20, 125:22, 126:8, 126:13, 127:2, 127:11, 129:23, 130:8, 132:25, 137:5, 138:9, 142:4, 144:15, 144:25, 145:3, 147:1, 147:3, 150:1, 150:20, 152:3, 156:19, 156:21 upcoming - 66:20 update- 14:17 upfronted - 126:2 upgraded - 154:16 upholding - 26:12, 150:19 upper- 4:6, 147:14 upset - 57:9 upstream - 141:22 upwards - 28:19 urge - 65:12, 75:7, 86:11, 90:18, 150:22, 156:23, 156:25 urged - 149:3 urging - 138:19 Usa - 58:25 uses - 7:18, 64:10, 114:11, 140:20, 140:21 usual - 139:14, 150:13 usurped - 36:19 usurping - 45:11 usurps - 128:14 utilities - 48:19, 72:19 utilize - 85:19, 119:5 utilized - 61:17 utter- 37:21 

# V vacation - 155:23 validates - 137:19 valley - 66:15, 104:4, 104:6 Valley - 45:2 valuable- 48:22, 49:19, 69:16 value - 49:21 values - 139:15 vanishing - 82:14 variances - 32:1, 36:25 Vasquez - 1:22, 159:4, 159:18 vegetable - 52:23 vendors - 73:10 via - 19:9 vibrant - 7:2 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 19 vibrate - 3:12 vice - 105:5, 105:8 Vice - 46:23, 48:17 vicious - 147:8 view- 124:13, 127:10 vigorous - 106:10 violated - 45:20, 45:21, 114:14 violating - 99:16 violation - 18:10, 75:2, 91:11 violations - 7:22, 76:18, 132:21 vires - 36:18 Virginia - 38:19, 66:5, 66:6, 66:21, 67:1, 67:11, 68:4, 68:21, 69:8, 103:4, 132:8, 132:9, 132:15, 133:4 Virginians

- 69:21 visible - 77:6 visit - 154:6 visiting - 78:20 vital - 25:25, 69:19 vitality- 82:23 voices - 88:8 Voices - 99:1 volunteer- 70:3 volunteers - 28:20, 28:23 vote - 43:18, 43:20, 66:22 voted - 66:21, 92:17, 128:12, 129:2 votes - 29:18, 67:2, 92:19, 130:5 vs - 106:12 vulnerable - 62:25 

# W waged - 29:21 wages - 72:14, 73:11, 105:21, 112:10 waging - 88:1, 94:7 Waide - 41:18, 41:19 wait - 2:7, 4:24 waited - 91:17, 111:14 waiting - 4:23, 87:11, 112:16 walk - 155:16 walked - 34:15, 34:23, 145:10 Walker - 68:1, 69:22 walking - 42:16, 51:6 Wallace - 84:8, 84:9 Walton - 127:24 wanton - 84:21 wants - 22:25, 23:22, 23:24, 24:5, 28:25, 43:13, 107:10, 142:10 War - 40:11 war- 22:9, 29:20, 30:20, 88:1, 94:7, 95:7 warming - 124:1 warning - 96:2 Wars - 40:6 Washington

- 23:9, 27:15, 36:5, 47:19, 59:14, 92:1 Wasson - 98:25 waste - 31:5, 84:17 Wastewater

-109:18 wastewater- 16:8, 109:12, 109:24, 110:23, 111:25 Watch - 121:22, 121:23 watched - 146:23, 152:9 watching - 144:3, 149:5 water - 6:12, 6:25, 7:7, 7:11, 7:16, 7:17, 7:19, 7:23, 9:3, 12:7, 12:16, 14:9, 16:9, 17:11, 18:10, 19:7, 19:14, 43:14, 45:19, 47:4, 48:1, 49:21, 51:18, 51:22, 52:25, 53:1, 53:2, 53:4, 53:6, 55:5, 56:12, 56:13, 56:17, 58:12, 61:10, 70:8, 70:10, 71:15, 73:25, 74:13, 74:21, 75:3, 76:7, 76:15, 76:21, 77:4, 77:12, 80:14, 80:18, 81:17, 82:8, 82:16, 83:10, 83:17, 84:15, 85:1, 85:17, 85:22, 85:25, 86:4, 86:10, 89:16, 96:11, 97:2, 99:11, 99:13, 99:17, 99:18, 108:4, 113:5, 113:7, 114:6, 115:1, 115:3, 116:6, 119:23, 119:25, 120:2, 120:23, 121:20, 121:25, 126:6, 126:14, 126:25, 127:5, 130:15, 132:17, 132:21, 132:24, 134:5, 134:6, 134:15, 134:16, 134:25, 135:1, 135:3, 135:19, 135:20, 136:8, 138:10, 139:19, 139:21, 140:14, 140:15, 143:5, 144:3, 144:18, 145:1, 148:8, 148:13, 149:6, 150:2, 150:5, 150:12, 150:19, 150:21, 152:9, 152:11, 152:12, 152:19, 152:20, 153:9, 153:20, 153:22, 153:23, 153:25, 154:8, 154:10, 154:12, 154:15, 154:19, 154:21, 154:24, 155:15, 155:17, 155:20, 156:4, 156:5, 156:16, 156:17, 156:21, 157:2 Water - 5:13, 7:14, 7:19, 8:3, 8:18, 10:5, 10:11, 10:14, 11:16, 13:12, 26:10, 31:25, 36:22, 38:10, 43:16, 44:8, 49:10, 49:11, 53:18, 61:23, 61:25, 62:14, 74:5, 74:24, 75:4, 76:6, 78:4, 78:18, 82:9, 84:18, 85:18, 86:9, 87:9, 89:12, 90:3, 90:21, 101:25, 103:16, 111:24, 113:18, 114:10, 118:16, 118:23, 122:13, 122:23, 126:12, 126:17, 131:18, 135:23, 137:10, 137:12, 138:22, 142:2, 150:8, 150:11, 153:6, 153:7, 156:20, 157:20 Water's - 60:1 watering - 145:1 waters - 6:23, 9:14, 17:12, 74:11, 86:12, 109:20, 109:21, 109:22, 114:3, 114:11, 132:3 Waters - 86:2 Watershed

- 121:22, 121:23 watershed - 87:15, 87:16, 139:25 waterways - 9:2, 48:8, 77:2, 77:15, 80:24, 82:3, 83:7, 85:20, 85:23, 113:10, 113:12, 113:20, 114:20 Waterways

- 113:6, 113:24 waving - 80:5 ways - 64:17, 119:5 weak - 96:17 weaken - 27:25 wealthy - 155:21 Webb - 35:16 website - 4:2, 10:9, 158:9 Webster - 37:14, 54:4, 54:17 week - 14:11, 21:17, 142:19 weeks - 61:18, 119:25, 129:2 welcome- 21:13, 31:21, 35:18, 61:4 welfare - 59:18, 63:7, 101:5, 104:18, 131:5, 148:6 well-being - 37:24, 73:12, 116:4 wellness - 49:25 wells - 77:9, 82:13 west - 44:25, 54:15 West - 39:11, 66:4, 66:20, 67:10, 68:4, 68:20, 69:8, 69:21, 103:4, 132:8, 132:9, 132:15, 133:4 western - 37:12, 44:4, 54:4, 54:7, 54:16, 54:25, 56:8, 57:22, 79:18 wet - 141:20 whatsoever - 47:25, 87:17, 135:9 Whayne - 68:1, 68:11, 69:22 Whereof - 159:13 whistle - 147:1 White - 78:20 white- 125:17 Whitesburg

- 154:3, 154:21, 155:13 whole - 19:1, 57:6, 58:25, 120:14, 125:4 wholly - 118:17 wide - 96:18 widespread - 32:2, 32:4 wild - 79:5 wildlife - 135:6, 135:7 Williams - 31:17, 31:18 willing - 13:17 Wilshire - 36:23 win - 66:24 winning - 40:6 wish - 3:15, 73:1, 73:19, 76:3 withdraw - 10:3, 10:10, 19:17, 32:17, 39:2, 44:13, 50:10, 69:12, 75:12, 90:19, 106:24 withdrawing - 63:2 withdrawn - 111:17 withheld - 86:23 Witness - 159:13 witnessed - 77:5, 77:10 Woe - 133:12 woman - 96:5, 110:12 women - 29:9, 44:15, 63:24, 64:22, 68:6 won - 40:11, 128:24, 132:11 wonder- 52:19, 135:25 wonderful - 154:5 Woods - 143:22 word - 92:9 words - 40:16, 57:25 worker - 147:12 workers - 22:17, 105:22, 134:9, 139:7, 148:15 workforce - 89:9 works - 50:19, 51:24, 72:12 Works - 64:2, 64:8, 64:10, 64:14, 64:23, 65:1, 65:2 world - 41:13, 45:2, 54:6, 54:24, 56:24, 56:25, 57:3, 69:5, 69:18, 79:11, 122:8, 125:23, 126:4, 126:7, 126:10, 126:14, 127:12, 138:9, 139:12 World - 40:6, 124:23 worried - 5:25, 60:6 worry - 79:2, 100:12 worse - 94:22 worst - 22:6 worth - 84:3 worthy - 24:3 wound - 128:4 write - 83:21 writing - 4:12, 9:19, 97:11, 125:11, 140:2 written - 3:21, 7:10, 9:22, 19:22, 21:5, 23:11, 70:16, 86:6, 122:1, 123:9, 133:9, 157:15, 157:25 wrongful - 33:6 wrongs - 62:24 wrote - 36:1, 98:11 

# Y y'all - 52:4 year - 25:9, 27:21, 39:17, 43:20, 45:8, 47:2, 49:8, 62:17, 68:11, 73:11, 74:3, 77:24, 100:9, 108:11, 

## SWORN TESTIMONY, PLLC 2404 Doubletree Court, Lexington, Kentucky 40514 (859) 533-8961 

# 20 143:25, 149:20,

155:22, 156:15 years - 6:9, 8:9, 8:23, 12:1, 16:15, 17:21, 23:17, 25:18, 27:17, 28:11, 34:22, 35:20, 38:5, 39:13, 40:4, 47:12, 49:12, 53:10, 56:8, 59:12, 61:17, 62:7, 68:12, 76:16, 76:21, 87:11, 100:7, 101:8, 106:5, 111:15, 114:4, 116:2, 119:4, 119:18, 119:19, 120:13, 121:18, 123:2, 123:5, 126:21, 132:24, 135:8, 137:11, 139:4, 141:4, 141:15, 146:5, 146:6, 147:4, 147:6, 152:5, 154:4 yellow- 3:17, 4:7 Yonts - 44:22, 120:1 young - 130:9, 137:16, 149:13, 149:16, 149:18 youngest - 137:17 your-all's - 146:8 yourself- 47:5, 51:10, 51:11 youth - 150:20, 152:7