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### Environmental Protection Agency 1

2

3

4


### Public Meeting on 5



### Proposed Cross

- State Air Pollution Rule 6



### Update for 2008 Ozone NAAQS 7

8



### 9 : 28 to 10:5 0 a.m. 9



### Thursday, December 17, 2015 10

11

12

13


### Environmental Protection Agency Headquarter 14


### William Jefferson Clinton Building, E ast 15



### 1201 Constitution Avenue, N.W. 16



### Room 1152 17


### Washington, D.C. 2004 18

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### EPA Panel : 1



### DAVID RISL EY , Chair man of the Panel, 2



### Air Office 3



### STEPHANIE HOGAN , Office of General Counsel 4



### BRIAN FISHER , Air Office 5

6

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### C O N T E N T S 1



### PAGE 2



### PAUL G. BILLINGS , Senior Vice President, 3


### Advocacy, American Lung Association 10 4



### MARIA RACE, Director, 5


### Federal Environmental Progra ms, NRG Energy 14 6



### ZACK FABISH, Sierra Club 15 7



### DAVID C. FOERTER, Executive Director, 8



### Ozone Transport Com mission 19 9

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### P R O C E E D I N G S 1


### MR. RISLEY: Thank you again, everyone, 2


### for bearing with us. 3


### My name is David Risley, and I am the 4


### Chair of today's session of the public hearing. 5


### Thank you for bearing the rain and for be aring 6


### with our technical difficulties to join us today. 7


### We're to listen to your comments on the 8



### EPA's proposed Cross

- State Air Pollution Rule 9


### update for the 2008 Ozone National Ambient Air 10


### Quality Standards, also called the CSAPR Update 11


### Rule. This proposa l was issued by the EPA on 12



### November 16th, 2015. 13


### I work in EPA's Air Office. Joining me 14


### on the panel are Brian Fisher, also from EPA's 15


### Air Office, and Stephanie Hogan from EPA's Office 16



### of General Counsel. 17


### In the registration area, Erika Wilson 18



### and Gabriell e Stevens can provide a fact sheet on 19


### the Proposed Rule and help with any questions 20



### that you may have. 21


### As mentioned in the Federal Register 225

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### Notice, we will adjourn the hearing at 8 p.m. or 1


### 1 hour after the last registered speaker is 2



### finished. 3



### The purpose o f the proposed Cross

- State 4


### Air Pollution Update Rule is to update the 5


### existing Cross

- State Air Pollution Rule's 6



### ozone

- season program to reduce the air quality 7


### impacts of interstate transport of air pollution 8


### on downwind areas' ability to meet or maintain 9



### t he 2008 ozone standard. 10


### Starting in 2017, this Proposed Rule 11


### would reduce summertime emissions of nitrogen 12



### oxides, or NO x 

### from power plants in 23 states in 13


### the eastern half of the U.S., providing up to 14


### $1.2 billion and health benefits to millions of 15



### Americ ans. 16


### This proposal supports states' 17


### obligations to address the problem of air 18


### pollution that is transported across state lines 19



### and helps address the agency's role and the 20


### backstopping states' obligations under the Clean 21



### Air Act's "Good N eighbor " provision. 226

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### The original Cross

- State Air Pollution 1


### Rule, which was finalized in July 2011, 2



### established a four

- step approach to address 3


### interstate transport. This framework was 4


### affirmed by the Supreme Court earlier this year, 5


### and the agency is proposing to apply this 6



### approach to the 2008 ozone NAAQs. 7


### The proposal finds that ozone season

-- 8


### and for the purposes of this rule, we mean May to 9



### September

-- emissions of NO x 

### in 23 eastern states 10


### affect the ability of downwind states to attain 11



### and maintain the 2008 ozone stan dards. Our 12


### analysis shows that the power plants in these 13


### states can quickly and affordably achieve NO x 14


### reductions that would make significant and timely 15


### improvements in ozone air quality starting with 16



### the 2017 ozone season. Reducing ozone season NO x 17



### solu tion from power plants is an important step 18


### in reducing the air quality impacts of interstate 19


### transport of ozone pollution with respect to the 20


### 2008 standard and to improving the health of 21



### millions of Americans. 227

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### The EPA estimates that the proposal would 1



### pro vide up to $1.2 billion in health benefits far 2


### outweighing the estimate cost of $93 million per 3


### year. The proposal was published in the Federal 4


### Register on December 3rd, 2015, and the comment 5


### period for the proposal is open for 45 days and 6



### will close on J anuary 19th, 2016. 7


### The EPA has received several requests for 8


### extension of the comment period, which we are 9


### considering. 10


### If you would like more details on the 11


### Proposed Rule, there are fact sheets available at 12


### the registration desk, or you can visit our 13



### webs ite as epa.gov/airmarkets, and click on the 14


### link for the CSAPR update rule. 15


### So, before we get started, I'd like to go 16


### through a few housekeeping items and ground rules 17


### that will help make today's hearing run a little 18


### smoothly. First, please be sure you've che cked 19


### in at the registration desk, even if you are not 20


### planning to speak today. If you are signed up to 21


### speak online or by phone, but you haven't told us 228

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### that you are here, please step out to the 1


### registration desk and let the EPA staff know that 2



### you ha ve arrived. 3


### I will call up each speaker. When your 4


### name is called, please come to the speakers table 5


### at the front of the room, specifically the one to 6


### your right. The microphones there are alive, so 7


### when you begin talking, they will pick that up. 8



### When I call you to speak, please state 9


### your name and spell it for the court reporter. 10



### Your comments will be transcribed and included in 11



### the record of comments on the Proposed Rule. 12


### Each speaker will have 5 minutes to give 13


### comments. We have a timer light to help you know 14


### how much time you have left to speak, and 15


### Stephanie has that to my left. When the light 16



### turns from green to yellow, that means you have 1 17


### minute remaining. When it turns red, that is the 18


### signal that you are at 5 minutes and it is time 19



### to stop. When you are finished speaking, you may 20



### leave the table. 21


### We are here to listen to you today; 229

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### however, a panel member may ask questions to 1


### clarify your comments. I will then call up the 2



### next speaker and so on. 3


### If you have brought a written copy of 4



### your testimony, please give that to the staff at 5


### the registration desk before you leave. We will 6


### put any written comments submitted today in the 7


### official docket for the proposed rule. We also 8


### have comment cards available at the registration 9


### desk, if you would like to submit additional 10


### written comments today. If you want to comment 11


### in writing later, stop by the materials table 12


### near the registration desk and pick up a copy of 13


### the instructions for submitting written comments. 14


### Comments must be received by the cl ose of the 15


### comment period. 16


### Let me assure you that EPA gives just as 17



### much consideration to comments we receive in 18


### writing as we do to comments we receive at public 19


### hearings like this one. 20


### If you have any questions, please see the 21


### staff at the registration d esk, and someone will 2210

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### assist you. 1


### Thank you again for taking the time today 2



### to share your comments on EPA's proposal. Let's 3



### get started. 4


### Our first speaker is Paul Billings. 5


### MR. BILLINGS: Good morning. I am 6


### pleased to speak today in support of 7



### strengthen ing the Cross

- State Air Pollution 8


### Update Rule. My name is Paul Billings, P

- a

- u

- l, 9



### B

- i

- l

- l

- i

- n

- g

- s. I am Senior Vice President for 10


### Advocacy at the American Lung Association. The 11


### American Lung Association is the nation's oldest 12


### voluntary health organizati on. Our mission is to 13


### save lives by improving lung health and 14


### preventing lung disease. 15



### Ground

- level ozone pollution, or smog, 16



### harms health and causes premature death. Let me 17


### repeat that: Ozone kills. 18



### We have known for decades that ozone 19



### causes asthma at tacks, sending children and 20


### adults to the ER or hospital for treatment. 21


### Newer evidence has recently linked ozone to 2211

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### low

- birth weight, cardiovascular problems, and 1


### central nervous system problems. The American 2


### Lung Association works to protect those who a re 3


### especially vulnerable to these impacts, including 4


### children and adults with asthma and people with 5


### chronic obstructive pulmonary disease. 6


### We are pleased to see the EPA is moving 7


### forward with an updated version of the 8



### Cross

- State Air Pollution Rule to add ress what we 9


### have called "secondhand smog." A strong Final 10


### Rule is vital to protect people in communities 11


### that are downwind of polluting sources. However, 12


### the proposal must be strengthened if it is to 13


### fulfill the Clean Air Act requirements to protect 14



### pub lic health. 15


### First, the proposal must be strengthened 16


### so that it fully cleans up significant air 17


### pollution transported across state lines. As 18


### proposed, the rule fails to fully address 19


### interstate air pollution and, therefore, comply 20



### with the Clean Air Act. The proposal only 21


### requires polluting plants to run emission 2212

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### controls they have already installed. More must 1


### be done to protect the air in downwind 2



### communities. 3


### If EPA is concerned that polluting plants 4


### lack enough lead time to install new pollution 5



### contr ols by the 2017 compliance date, one 6


### solution would be to create a phased

- in approach 7


### to the rule. EPA could add a phase two with 8


### additional time to comply. In this way, EPA 9


### could ensure upwind states clean up the air 10


### pollution that impacts downwind stat es, not 11


### merely the pollution that can be reduced by 12


### upwind plans running their existing controls. 13


### Second, we urge that the Final Rule not 14



### allow the use of emission credits accumulated 15


### during the litigation delays that stalled the 16


### original Cross

- State Air P ollution Rule. These 17



### credits are the result of a reduction that should 18


### have happened between 2012 and 2015. Applying 19


### these credits further weakens the potential 20



### health benefits of the rule. 21


### The weaknesses in the proposal are 2213

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### exacerbated by the fact that this rule will 1


### implement outdated ozone standards. The 2008 2


### National Ambient Air Quality Standards for ozone, 3


### 75 parts per billion, fail to protect human 4


### health with an adequate margin of safety. This 5


### is why EPA updated the standards to 70 parts per 6



### bill ion earlier this year. 7


### Even this level is not fully protective 8


### of public health. The American Lung Association 9



### has long advocated for an ozone standards of 60 10


### parts per billion, which reflects the health 11


### science that shows it is necessary to protect the 12



### h ealth of children and other vulnerable 13


### populations. 14



### We ask the EPA to strengthen the proposal 15


### so that it at least fully cleans up interstate 16


### transport, even if that cleanup is based on the 17



### outdated standard. 18


### For too long, people in communities 19



### across the e astern half of the country have 20


### suffered from the health impacts of air pollution 21


### that blows across state lines. EPA's proposed 2214

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### Cross

- State Air Pollution Update is a step in the 1


### right direction to protect them from the health 2


### impacts of ozone. We are ple ased to see the 3



### proposed rule would prevent more than 93,000 4


### asthma attacks and prevent nearly 80,000 missed 5



### days of work and school each year. 6


### On behalf of the American Lung 7



### Association and the communities I serve, I call 8


### on EPA to achieve greater health benefits by 9


### strengthening the proposal. 10



### Thank you. 11



### MR. RISLEY: Thank you very much. 12


### Our next speaker will be Maria Race. 13


### MS. RACE: Good morning. My name is 14



### Maria Race, M

- a

- r

- i

- a, R

- a

- c

- e, and I am Director 15


### of Federal Environmental Programs for NRG Energ y. 16


### We are a large energy producer spanning many 17


### states, providing over 50,000 megawatts of power. 18


### We would like to respectfully request a 19



### 30

- to

- 45

- day extension in order to better prepare 20



### our comments. Due to the ho lidays, many of our 21



### key employees are on vacation, including an 2215

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### analyst who is out of the country until January 1


### in order to fully review the data files for all 2


### our EGUs and to do justice to the serious effect 3



### of the CSAPR update rule for our company over 4


### multiple states, we would like to request this 5



### extension. 6



### Thank you very much. 7



### MR. RISLEY: Thank you. 8


### Our next speaker is Zack Fabish. 9


### MR. FABISH: Good morning. My name is 10


### Zack Fabish, and that's spelled Z

- a

- c

- k, and then 11



### the last name, F

- a

- b

- i

- s

- h. I'm here on behalf 12



### of the Sierra Club, and I think I really want to 13


### back up a lot of what Paul Billings shared with 14


### us just a few minutes ago. 15


### There have been some very good things 16


### about implementing the 2008 ozone standard. It's 17


### obviously a lot stronger than the 1997 ozone 18



### standard, and it's hear tening to see EPA speeding 19


### up the time difference between what an act 20


### happens and when a proposal to result in 21


### interstate problems with that act happens, and so 2216

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### that's very positive. 1


### Obviously, ground

- level ozone presents an 2


### enormous public health problem, and it also 3


### presents, in particular with the issue of 4


### transport, an enormous injustice and fairness 5


### issue because you have a lot of states, 6


### particularly along the Eastern Seaboard, that 7


### suffer from high ozone levels that are in large 8


### part driven by emissi ons from upwind states. 9


### Ozone ultimately adds enormous 10


### environmental justice issues simply because if 11


### you look at the areas that have high levels of 12


### ozone, those areas are disproportionately 13


### populated by minorities and a disproportionately 14



### lower income. S o efforts by the EPA to reduce 15



### ground

- level ozone are incredibly beneficial, so 16



### thank you for that. 17


### However, with regard to the new CSAPR, 18



### CSAPR II, the CSAPR update, there are some 19


### problems. First of all, the 2008 ozone standard 20


### of 75 parts per billion, EPA has come out and 21


### said 75 parts per billion is not safe. It has 2217

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### said that 70 parts per billion is the new 1


### standard, and it's the opinion of many in the 2


### environmental and public health community that 3


### the science actually suggested that 65 or 60 4



### parts pe r billion should have been where that was 5


### set. But so there is a big delta between the 6



### level of ozone that is safe and the level of 7


### ozone that this CSAPR update is targeting. 8


### And that kind of brings me to the two 9


### problems that the American Lung Associatio n 10


### actually already mentioned, which is that even 11


### given that 75 parts per billion is not quite 12


### where we need to be, the CSAPR update is not 13


### designed to resolve interstate impact. By EPA's 14


### admission and by design, it is intended to 15



### achieve what reductions c ould be readily or 16


### usually achieved by operating existing controls. 17


### And that's problematic because there still 18


### remains a significant fraction that lacks any 19



### kind of controls. 20


### In the State of Pennsylvania, there is a 21



### very large power plant called Brunot Is land. 2218

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### It's a 2

- gigawatt power plant, lacks any kind of 1


### ozone controls, and modeling that we've done has 2


### indicated that it causes up to 10 parts per 3


### billion in terms of ozone impacts at downwind 4



### monitors. 5


### We think that the CSAPR update should be 6



### revised or changed before the final one to make 7


### sure that it is doing more than simply setting 8


### allocations based on what would happen if the 9


### emission fleet actually ran the controls that 10



### they already have, and that could be done both by 11


### sending it to actually resolv e interstate impacts 12


### or by recognizing that further gains in terms of 13


### control operation from what EPA has proposed are 14



### achievable. 15



### In the rule, EPA calculates that units 16


### equipped with selective catalytic reduction can 17


### achieve .075 pounds per million BTU, b ut actually 18



### they could go as low as .05. 19



### So there are further reductions that are 20



### available and that should be included in the new 21


### rule. Additionally, a phased approach may be the 2219

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### right approach here because, as with CSAPR I, 1



### that could ensure that ultima tely interstate 2


### impacts are resolved. 3



### Secondly, I want to echo statements about 4


### the number of credits. There are a huge number 5


### of basically ill

- gotten credits out there that 6


### flow from a failed litigation strategy that 7


### delayed CSAPR I. So allowing those c redits to 8


### vitiate further the already partial measure that 9


### is CSAPR update simply because the emission fleet 10


### got an extra 3 years out of a litigation strategy 11


### I think would be quite egregious. 12


### And with that, I want to say thank you 13


### for your time and thank you for the opportunity 14


### to testify. Thank you. 15



### MR. RISLEY: Thank you. 16


### Our next speaker is David Foerter. 17


### MR. FOERTER: Good morning. Thank you 18


### for the opportunity to comment on the proposed 19


### CSAPR update rule for the 2008 National Ambient 20


### Air Quality Sta ndards. My name is David Foerter, 21



### D

- a

- v

- i

- d, F

- o

- e

- r

- t

- e

- r. I am the Executive 2220

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### Director for the Ozone Transport Commission. 1


### The Ozone Transport Commission was 2



### created under the Clean Air Act to work with EPA 3


### and the states in the Ozone Transport Region t o 4


### coordinate ground

- level ozone pollution planning 5



### in the Northeast and Mid

- Atlantic region. 6


### The proposed CSAPR update rule is 7


### important to the Ozone Transport Commission, as 8


### it updates and reenergizes a statutory process 9


### that must lead to the requisite em ission 10



### reductions for states to be able to attain and 11



### maintain the 2008 ozone NAA QS and soon the 2015 12



### ozone NAAQS . EPA should finalize the rule 13


### expeditiously because any delays will result in 14


### continued harm to public health and hinder states 15


### in achieving the ozone NAAQs. In the Ozone 16


### Transport Region, more than 22 million people 17


### currently live in areas that do not meet the 18



### ozone standard. 19


### The Clean Air Act requires under section 20


### 110(a)(2)(D) that states submit "Good Neighbor" 21


### State Implementation Plans, o r SIPs, to ensure 2221

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### their emissions do not significantly contribute 1



### to nonattainment or interfere with maintenance in 2


### any other state. Should a state fail to submit 3


### or submit an inadequate Good Neighbor SIP, EPA is 4


### required to promulgate a Federal Implement ation 5



### Plan, or FIP. 6


### The timing for completing Good Neighbor 7


### SIPs is critical to ensuring timely reductions in 8


### pollutant transport contributions to enable all 9



### areas to attain and maintain the ozone standard; 10


### however, historically many states failed to 11



### submi t on time even incomplete Good Neighbor SIPs 12


### and appear to wait at least 2 years, 2 additional 13


### years, until the FIP becomes final and before 14


### taking any action. As a result, the state and 15



### federal actions for the 2008 ozone standard are 16


### significantly overdu e. 17



### EPA acknowledged that the CSAPR update 18



### rule only offer s a partial solution to pollution 19


### transport. Without delaying the CSAPR update 20



### rule, EPA should develop a FIP that fully 21


### addresses Good Neighbor obligation under the 2008 2222

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### ozone NAAQS, including the consideration of 1


### potential emission reductions from high

- emitting 2


### sources other than electric generating units. 3


### Lastly, in order for the OTC states to 4


### achieve the benefit of the 2015 ozone NAAQS, we 5


### urge EPA to proceed with the development of 6


### guidance and rules for states to address their 7


### Good Neighbor obligations under the 70 PPB 8


### standard in parallel with finalizing requirements 9



### for the 75 PPB rule. 10



### The OTC and some of its individual member 11


### states intend to provide additional written 12



### comments in the near f uture. 13


### Again, I thank you for the opportunity to 14


### submit these comments and look forward to working 15


### together with EPA to ensure the residents of the 16


### Ozone Transport Region are breathing clean, 17


### healthy air. Thank you. 18



### MR. RISLEY: Thank you. 19



### So our understa nding is that we don't 20


### currently have any further registered speakers. 21


### Per the Federal Register Notice, we will stay 2223

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### here in order to provide others the opportunity 1



### to comment for 1 hour after the last speaker has 2


### finished, so we will plan to remain here until 3



### about 10:50. 4



### [ Off the record from 9:48 to 10:50 a.m. ] 5



### MR. RISLEY: It is now 10:50, and this 6


### concludes today's hearing. Thanks, everyone, for 7


### coming. 8


### [Whereupon, at 10:50 a.m., the public 9


### hearing concluded.] 10

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