d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 1

 ENVIRONMENTAL PROTECTION AGENCY

 UNITED STATES

IN THE MATTER OF:

NATIONAL AMBIENT AIR QUALITY 74 FEDERAL REGISTER

STANDARDS SULFUR DIOXIDE 64810-64881

PROPOSED RULE

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 TRANSCRIPT OF PUBLIC HEARING

 January 5, 2010

 10:00 a.m.

 61 Forsyth Street, Southwest

 Second Floor Conference Room

 Atlanta, Georgia

 Yolanda R. Narcisse, CCR-B-2445
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 2

1 APPEARANCES

2

3 On behalf of United States Environmental Protection

4 Agency:

CHAIR:

5 ROSALINA RODRIGUEZ, Associate Director for

 Health and Environmental Impacts Division, Office of

6 Air Quality Planning and Standards

7 PANEL MEMBERS:

CAROL KEMKER, Environmental Protection Agency Region 4

8 Office

KEN LAPIERRE, Environmental Protection Agency Region 4

9 Office

STEVEN SILVERMAN, Office of General Counsel

10 MICHAEL STEWART, Office of Air Quality Planning and

 Standards' Ambient Standards Group

11 NEALSON WATKINS, Office of Air Quality Planning and

12 Standards' Ambient Air Monitoring Group

13 SPEAKERS:

ALLISON AMYX, Student, Emory University Candler

14 School of Theology

IMRAN BATTLA, Consultant, Sustainable Atlanta

15 MARY CARR BENDECK, Renewable Energy Coordinator,

 Southern Alliance for Clean Energy

16 JOHN BLAIR, Representative, Valley Watch

ROBERT BROWN, Director, Division of Planning,

17 Development and Outreach, South Carolina Department

 of Health and Environmental Control

18 HOWARD J. FELDMAN, Director of Regulatory and

 Scientific Affairs, American Petroleum Institute

19 JULIE E. GOODMAN, PhD, Gradient Environmental

 Consulting Firm Cambridge, American Petroleum

20 Institute

LEROY GRAHAM, MD, Georgia Pediatric Pulmonary

21 Associates, PC

ED HARRISON, Volunteer/Member Board of Directors,

22 American Lung Association Midland States

BURT LESNICK, MD, American Thoracic Society

23 ANNIE MACKAY, Associate, Hunton & Williams, LLP

ANNE MELLINGER-BIRDSONG, MD, Private Citizen

24 DEBORAH SHPRENTZ, Consultant, American Lung

 Association

25
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 3

1 REBECCA WATTS HULL, Representative, Mothers & Others

 for Clean Air

2 CHARLES J. WHITE, Area Executive Director, American

 Lung Association Georgia/South Carolina

3 YOLANDA WHYTE, MD

MARK WOODALL, Chairman of Executive Committee, Sierra

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d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 4

1 MS. RODRIGUEZ: Good morning, and thank

2 you for attending the Environmental Protection Agency

3 public hearing on a proposed rule for sulfur dioxide,

4 SO2. I recognize that many of you have traveled

5 quite a distance to be here, and I appreciate your

6 efforts.

7 My name is Rosalina Rodriguez, and I am

8 the associate director for the Health and

9 Environmental Impacts Division for EPA's Office of

10 Air Quality Cleaning and Standards. I will be

11 chairing today's hearing. We are here today to

12 listen to your comments on EPA's proposed provision

13 to the Primary National Ambient Air Quality

14 Standards, or NAAQS, for sulfur dioxide.

15 As a reminder, this is a hearing, an

16 opportunity for the public to comment on EPA's

17 proposed rules. The Panel members may answer

18 questions that seek to clarify what we have proposed,

19 but the purpose of this hearing is to listen to your

20 comments, not to discuss or debate the proposal.

21 Before we move to the comment period, I

22 would like to briefly describe the proposed rule that

23 is the subject of today's hearing. The proposed rule

24 was published in the Federal Register on December 8,

25 2009. Based on its review of the air quality
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 5

1 criteria for oxides of sulfur and the primary NAAQS

2 for oxides of sulfur as measured by sulfur dioxide,

3 EPA is proposing to revise the primary SO2 NAAQS to

4 provide requisite protection of public health with an

5 adequate margin of safety.

6 Specifically, EPA proposes to replace the

7 current 24-hour and annual standards with a new

8 short-term SO2 standard based on the three-year

9 average of the 99th percentile, or fourth highest, of

10 the annual distribution of one-hour daily maximum

11 concentrations.

12 EPA proposes to set the level of this new

13 one-hour standard within the range of 50 to a hundred

14 parts per billion, or ppb's, and solicits comment on

15 standard levels as high as 150 ppb. Also, EPA

16 proposes changes to the ambient monitoring and

17 reporting requirements for SO2.

18 Consistent with the terms of a consent

19 decree, the Administrator will sign a notice of final

20 rulemaking by June 2nd, 2010. EPA also notes that

21 the proposed changes would not affect the secondary

22 SO2 NAAQS set to protect public welfare, because EPA

23 is considering the need for changes to the secondary

24 standard under a separate review.

25 Now, let me turn to the comment portion of
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 6

1 today's hearing. We will be preparing a written

2 transcript of today's hearing. The transcripts will

3 be available as part of the official record for each

4 rule. We are also accepting written comments for the

5 proposed rule until February 8th of 2010. We have a

6 handout available in the registration area with

7 detailed information for submitting written comments.

8 At this time, I would like to outline how

9 today's hearing will work. I will call the scheduled

10 speakers to the microphone in pairs. Please state

11 your name and your affiliation. It will help our

12 court reporter if you would also spell your name.

13 In order to be fair to everyone, we are

14 asking that you limit your testimony to five minutes

15 each and to remain at the microphone until both

16 speakers in the couple have finished.

17 After you finish your testimony, a Panel

18 member may ask clarifying questions. As I mentioned,

19 we are transcribing today's hearing, and each

20 speaker's oral testimony will become part of the

21 official record. Please be sure to give a copy of

22 any written comments to our staff at the registration

23 table outside. We will put the full text of your

24 written comments into the docket for you.

25 We do have a timekeeping system. It's not
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 7

1 very high-tech, but we have a timekeeping system

2 consisting of cards that will be flashed to the

3 speakers by our highly technical team to my right

4 here. Please begin speaking when you are

5 acknowledged.

6 You will have five minutes to speak. We

7 will signal you when you have one minute left to

8 speak, and we will ask that you stop speaking when

9 your time is up. We intend to stay here until the

10 evening and until everyone has had an opportunity to

11 comment.

12 If you would like to testify, but have not

13 yet registered, please do so at the registration

14 table outside. For those who have already registered

15 to speak, we have tried to accommodate your request

16 for a specific time. We ask for your patience as we

17 proceed through the list, and we may need to make

18 some minor adjustments as the day progresses.

19 Now, I would like to introduce the EPA

20 representative on our Panel. To my immediate left, I

21 have Steve Silverman with the Office of the General

22 Counsel. Next to Steve is Ken Lapierre with our

23 regional office in Atlanta, Region 4. To my right,

24 Nealson Watkins with the Office of Air Quality

25 Planning and Standards' with the Air Monitoring
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 8

1 Group, and then at the end of the table, Michael

2 Stewart, with the Office of Air Quality Planning and

3 Standards' in the Office of Ambient Standards Group.

4 I would like to thank all of you for

5 participating today, and, we'll get started. Our

6 court reporter is Yolanda Narcisse. I will call now

7 Dr. Anne Mellinger-Birdsong acting as a private

8 citizen and Howard Feldman with the American

9 Petroleum Institute.

10 DR. MELLINGER-BIRDSONG: Hello, thank you

11 for letting me speak today. My name is Anne

12 Mellinger-Birdsong. I am an epidemiologist and a

13 pediatrician. I'm here to comment on the proposed

14 changes to the NAAQS standard for sulfur dioxide, or

15 SO2.

16 I support the recommendation of the Clean

17 Air Science Advisory Committee to change the standard

18 to a one-hour standard of 50 per 100 parts per

19 billion. The CASAC reviewed many, many studies to

20 arrive at this recommendation. I can't review that

21 many in five minutes, so I will just highlight some

22 of the important ones.

23 Sulfur is a highly reactive element in the

24 same chemical family as oxygen. Sulfur dioxide has a

25 molecular structure similar to that of ozone, and the
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 9

1 molecules have similar resonance structures. SO2 is

2 highly irritating to any mucous membrane it comes in

3 contact with; eyes, nose, or respiratory tract. SO2

4 is the most common molecule of several sulfur-oxygen

5 compounds referred to as SOx, and the one used to

6 track exposures and set standards for all the

7 compounds. It is formed from the burning of fossil

8 fuels, primarily in electric plants and other

9 industrial power production, and from the use of

10 high-sulfur diesel fuel.

11 Epidemiologic studies show that short-term

12 exposure to SO2 causes multiple adverse respiratory

13 effects including narrowing of the airways, decreased

14 FEV1, or forced expiratory ventilation in one minute,

15 in people with asthma and increased difficulty

16 breathing. The effects on FEV1 have no threshold.

17 Short-term exposure is linked to increased emergency

18 visits for respiratory symptoms, asthma, and even

19 cardiac symptoms.

20 People with heart problems, who are stable

21 in room air, usually need all the oxygen they are

22 getting in room air and will develop symptoms, if

23 anything, such as bronchoconstriction due to SO2

24 exposure, which causes them to have less oxygen in

25 their blood. People living on islands with volcanic
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 10

1 SO2 exposures show respiratory symptoms of coughing

2 and phlegm production at a level of 31 parts per

3 billion.

4 There's also recent evidence from several

5 cities that SO2 may be linked to increased emergency

6 visits for migraine headaches, which could be quite

7 debilitating. That SO2 could cause headaches makes

8 sense, since people prone to migraines are warned to

9 stay away from foods preserved with sulfates or SO4.

10 SO2 may also contribute to an excess risk of low

11 birth weight.

12 Children with asthma are especially prone

13 to respiratory difficulty when their airways narrow

14 due to SO2 exposure. Children are also more likely

15 to have increased exposure to outdoor air pollution

16 due to longer time spent outside and increased

17 ventilation rates during outdoor play.

18 We, as adults, are directly responsible

19 for the welfare of children, whether they are our own

20 children or not. Children are not able to choose

21 where they live, where they go to school, or where

22 they play, or whether they breathe clean or polluted

23 air. Children are not able to have a risk/benefit

24 choice as adult workers are, because they derive no

25 benefit when exposed to polluted air. Adults choose
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 11

1 where houses and factories are built, where schools

2 are located, and determine what the standards are for

3 the air children breathe.

4 Children with asthma are not able to

5 influence whether they develop asthma. It is a

6 complex interplay of genetics and environmental

7 factors none of which they control. Children with

8 asthma are probably the population groups most

9 vulnerable to the effects of air pollution, and we

10 ought to set our standards to protect them.

11 Therefore, I support the recommendation of

12 the CASAC to set a one-hour standard for sulfur

13 dioxide 50 parts per billion. Thank you.

14 MS. RODRIGUEZ: Thank you. Mr. Feldman.

15 MR. FELDMAN: Good morning. I'm Howard

16 Feldman, director of the Regulatory and Scientific

17 Affairs at API. API is the primary trade association

18 for the oil and gas industry with about 400 members.

19 And, as you all know, we've been very active in the

20 NAAQS process over the years.

21 I want to make two points today, please.

22 First, the oil and gas industry has been part of the

23 air getting cleaner. And second, there's no need for

24 a short-term SO2 standard in the range which EPA has

25 proposed.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 12

1 So, first, let's just talk about where we

2 are as a society. Since 1990, the oil and gas

3 industry has invested more than 175 billion -- that's

4 billion with a B -- towards environmental performance

5 and improvements in its products, facilities, and

6 operations. Approximately 57 percent of the

7 industry's $14 billion of environmental expenditures

8 in 2007 targeted air pollution abatement and meeting

9 or surpassing Clean Air Act requirements.

10 There's cleaner gasoline and cleaner

11 diesel fuel, and along with that, cleaner cars and

12 trucks and buses are able to operate. So EPA's

13 trends data, which is my Figure 1 -- this is the EPA

14 famous figure here -- which shows that between 1970

15 and 2008, while the vehicle miles traveled went up

16 163 percent, at the same time emissions of the six

17 criteria air pollutants dropped by 60 percent. So

18 we're seeing real progress.

19 According to EPA's TRI, since 1988,

20 releases and transfers of toxic chemicals from the

21 petroleum industry have decreased by 68 percent, and

22 all this progress is going to continue. EPA is

23 reworking programs that will lead to power plant

24 reductions in the eastern US. And cleaner gasoline

25 in cars and trucks will lead to 77 to 95 percent
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 13

1 cleaner products, according to EPA. And this will

2 continue going forward. And we'll see ultra low

3 sulfur diesel rolling into more and more of the

4 fleet, and that will effectively be a 90 percent

5 reduction in emissions.

6 But let's talk about SO2 a little today.

7 That's what we're here for. According to EPA, SO2

8 air quality has improved dramatically. National

9 estimated SO2 emissions have decreased by 37 percent.

10 This is EPA's figure -- my Figure 2 -- 37 percent

11 reduction between 1990 and 2002.

12 And when we look at ambient air quality,

13 we see that there's been a 71 percent decrease in the

14 angle average from 1980 to 2008. So that's EPA's

15 data. So we see that there's a lot of programs that

16 have been successful, and there are going to be more

17 programs rolling into place.

18 And as recently as 2004, diesel fuel could

19 contain about 3,000 parts per million of sulfur. And

20 right now, with EPA in the industry, worked to cut

21 that to 500 ppm, and it's going to go down to 15 ppm

22 this coming year. And so, shipping fuel now is going

23 to be reduced as well in port and near-shore areas.

24 So that's going to be an additional 90 percent

25 reduction in sulfur content in the fuel.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 14

1 So the question now is whether we need a

2 new short-term SO2 standard in the range EPA has

3 proposed. If it's intended simply to reduce

4 concentrations; we've been doing that already. So

5 that's clear we don't need it. So the question is do

6 we need it to address a particular health effect.

7 One basis for a standard are controlled

8 human exposure studies known as clinical studies

9 where test subjects are engaged in exercise in a

10 known atmosphere. Tests with SO2 in the air would

11 support a one-hour daily maximum at 400 ppb.

12 At this 400 ppb level, there's a small

13 reversible effect -- namely, a small reduction in the

14 volume of air taken into the lungs -- and such a

15 standard would be protected as it would account for

16 human variability and data uncertainties.

17 The noted effects observed at 400 ppb SO2

18 are reversible, transient, and commonly occur in

19 response to a variety of situations such as moderate

20 exercise, being out on a cold day -- like, thank you

21 Atlanta -- or everyday stress, or even if you're

22 watching a comedy movie, you could see those kinds of

23 effects. Another basis for a standard is to compare

24 data such as hospital visits in the level of SO2 in

25 the atmosphere at that time. For SO2, these
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 15

1 associations are weak, inconsistent, and insufficient

2 to serve as a basis for the proposed standard.

3 Reviews of the same data EPA considered in

4 proposing this NAAQS have come up with results that

5 differ from proposed one-hour standards in the range

6 of 50 to 100. For example, California adopted the

7 standard of 250 ppb for a one-hour standard not to be

8 exceeded at all and the World Health Organization

9 established a short-term SO2 standard of 190 ppb.

10 In closing, API wishes to, once again,

11 acknowledge the efforts of EPA, the states, and local

12 communities in providing cleaner air. Looking

13 forward, further improvements will come through

14 current regulations designed to meet the existing

15 standards such as cleaner fuels described above.

16 However, EPA has not demonstrated that a sulfur

17 dioxide one-hour standard in the range of 50 to 100

18 ppb is requisite to protect the public health with an

19 adequate margin of safety.

20 In addition, we all know that the Clean

21 Air Act mandates that the NAAQS be established solely

22 based on science. Given the lack of substance and

23 benefits, yet significant societal cost impact, EPA

24 needs to get the science correct. In light of the

25 dramatic sulfur dioxide reductions already
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 16

1 accomplished, which will continue, establishing this

2 unnecessarily stringent short-term standard is not

3 good public policy.

4 MS. RODRIGUEZ: Thank you very much. Let

5 me ask the Panel if they have any questions for our

6 speaker. Questions?

7 MR. WATKINS: Thank you very much for

8 coming today. Mr. Feldman, I assume, in your written

9 comments you will address both, the analysis we

10 presented in the preamble and the case NAAQS analysis

11 that the clinical set cited are considered to be --

12 MR. FELDMAN: Yes. And Dr. Goodman will

13 be speaking in the next group, and she's much more up

14 in the technical details of the science than I am, so

15 she will be a better person to get into that, but

16 those will be folded into the API comments.

17 MS. RODRIGUEZ: Nealson, do you have a

18 question?

19 MR. WATKINS: No.

20 MS. RODRIGUEZ: Thank you very much. Let

21 me call the next two speakers, which are Dr. Julie

22 Goodman and Ms. Deborah Shprentz, who is with the

23 American Lung Association. And, Dr. Goodman, if you

24 would state your affiliation, because I don't have it

25 here. You may start.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 17

1 DR. GOODMAN: I'm Dr. Julie Goodman from

2 Gradient Environmental Consulting Firm in Cambridge

3 here on behalf of ATI.

4 In the proposed rule, EPA recommends

5 revoking both the existing 24-hour and annual primary

6 SO2 NAAQS and replacing them with a one-hour daily

7 maximum primary SO2 NAAQS in the range of 50 to 100

8 parts per billion. Based on CASAC's recommendation,

9 the Administrator is requesting comments on a

10 standard as high as 150 ppb.

11 The proposed NAAQS is based primarily on

12 human clinical studies of exercising mild-to-moderate

13 asthmatics and, secondary, on epidemiological data.

14 There were no statistically significant increases of

15 respiratory systems or adverse health effects at SO2

16 exposures lower than 400 ppb in clinical studies.

17 NAAQS should protect against adverse or clinically

18 relevant effects.

19 In its proposed rule, EPA defines moderate

20 or greater decrements of lung function to be a

21 greater than or equal to 100 percent increase in sRaw

22 and/or a greater than or equal to 15 percent

23 decreases in FEV1. Based on recommendations by the

24 American Thoracic Society, EPA concluded that

25 moderate changes in lung function are clinically
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 18

1 significant and adverse. The clinical data support

2 that adverse lung function effects attributable to

3 SO2 only occur at exposures of 400 ppb and higher.

4 EPA, however, suggested that clinically

5 relevant changes in lung function in a small number

6 of asthmatic volunteers were a result of exposure to

7 200 ppb SO2. EPA's interpretation of the human

8 clinical data and its application to the proposed

9 NAAQS is not scientifically justified for a number of

10 reasons.

11 EPA did not conduct statistical

12 comparisons of effects in exposed versus non-exposed

13 individuals. If a similar number of exposed

14 individuals have decrements and increments in lung

15 function after exercising, it is unlikely that

16 exposure is a causal factor.

17 Now, one of the studies that EPA relies on

18 was conducted by Linn, et al. in 1987. And in 2009,

19 Linn stated that while FEV1 decreased by 15 percent

20 or greater in five of 40 subjects exposed to 200 ppb

21 SO2, FEV1 also increased by 15 percent in greater

22 than five subjects -- sorry, 15 percent or higher in

23 five subjects.

24 Clinically significant lung function

25 decrements with exposure to 200 ppb SO2 in a small
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 19

1 number of individuals does not necessarily signify a

2 clinically significant adverse effect from SO2 any

3 more than a few individuals with lung function

4 improvements signify a beneficial effect of SO2.

5 Further evidence that changes in lung

6 function were not due to SO2 exposure at 200 ppb

7 comes from a study by Bethel, et al. in 1985, who

8 provided data on baseline lung function measurements

9 of 28 volunteers. These investigators found that

10 baseline sRaw measurements collected on two

11 consecutive days varied by as much as 55 percent, and

12 11 of the 28 volunteers experienced a difference of

13 25 percent or greater.

14 The variability in baseline values

15 demonstrates that lung function can change

16 appreciably because of factors unrelated to SO2.

17 And, in addition, variability and baseline values can

18 lead to variable differences in lung function

19 post-exposure, even if the exposure had no effect.

20 Also, clinical studies have mostly been

21 performed on mild-to-moderate asthmatics. EPA

22 suggested that effects would have been greater had

23 studies been conducted in severe asthmatics, so the

24 NAAQS should be set lower to reflect this. In fact,

25 Linn, et al. 1987, found responses of
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 20

1 moderate-to-severe asthmatics to increasing SO2

2 concentrations were similar to those of

3 minimal-to-mild asthmatics. And this evidence

4 supports that responses to SO2 are not dependent on

5 clinical severity of asthma.

6 Now, in addition to the clinical studies,

7 EPA relies on epidemiological studies for support of

8 its proposed one-hour SO2 standard. Epidemiological

9 studies do not support associations between SO2 and

10 health effects at low exposures, as most

11 statistically significant findings are found in

12 single-pollutant but not multi-pollutant models, and

13 no findings were large, robust, or consistent.

14 In closing, an appropriate statistical

15 analysis of clinical studies of exercising asthmatics

16 show that statistically significant and clinically

17 relevant effects occur at exposures of 400 ppb SO2

18 and higher. The clinical data also show respiratory

19 symptoms occurred at exposures of 400 ppb SO2 and

20 higher. Thus, the benchmark level, or the

21 concentration representing an exposure of concern,

22 should be 400.

23 EPA's proposed one-hour standard of 50 to

24 150 ppb SO2 would appreciably limit exceedances of

25 200 ppb and substantially limit exceedances of 400.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 21

1 Prevention of exceedances of 200 offers de minimus,

2 if any, benefit to public health over prevention of

3 exceedances of 400 parts per billion. Thank you.

4 MS. RODRIGUEZ: Thank you. Ms. Shprentz.

5 MS. SHPRENTZ: Good morning. My name is

6 Deborah Shprentz, and I have been following the EPA's

7 review of the NAAQS for sulfur dioxide for the

8 American Lung Association.

9 Nearly 40 years ago, in 1971, EPA set the

10 first and only limits for sulfur dioxide in the air.

11 These standards were limits on the annual average and

12 24-hour concentration. To meet these standards,

13 power plants built tall stacks to disperse their SO2

14 emissions rather than reduce them at their source.

15 The Acid Rain Control Program required by

16 the 1990 Clean Air Act Amendments allowed utility

17 sources to avoid pollution controls by buying

18 emission reduction credits from other power plants.

19 That means that even though most areas of the country

20 meet the current 24-hour standard, local hotspots and

21 pollution spikes still exist in power plant refinery

22 and smelter communities, particularly during

23 conditions of startup, shutdown, malfunctions,

24 upsets, and downwash, and also diesel pollution hubs

25 such as ports, bus depots, and rail yards.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 22

1 Beginning in the late 1970s and continuing

2 throughout the 1980s, researchers reported on a

3 series of controlled human exposure studies

4 indicating that breathing SO2 pollution for just five

5 or ten minutes could worsen the condition of people

6 with asthma.

7 The pioneering work of Drs. Dean Sheppard,

8 Homer Boushey, John Balmes, Jane Koenig, Henry Gong,

9 Mary Amdur, and many others definitively established

10 that breathing short bursts of SO2 could cause

11 bronchoconstriction, a tightening of the airway

12 muscles, that makes it hard for asthma sufferers to

13 breathe.

14 For over 20 years, the American Lung

15 Association has advocated that EPA establish a

16 short-term standard for SO2 to protect the health of

17 people with asthma. However, for many years

18 industrial interests prevailed in the regulatory

19 process cynically arguing that kids with asthma were

20 unlikely to encounter sulfur dioxide plumes, and even

21 if they did, they could stay indoors or take

22 medication to relieve their symptoms.

23 We believe it is the responsibility of the

24 polluters to clean up their emissions so the air is

25 safe for everyone to breathe, including people with
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 23

1 chronic respiratory diseases such as asthma and COPD.

2 We believe that pollution control is the first line

3 of defense and that people should not have to rely on

4 burdensome medication regimes with adverse side

5 effects to make it safe to breathe the outdoor air.

6 We know that the most vulnerable members

7 of society are most likely to live near air pollution

8 sources and are least likely to have access to

9 preventative healthcare.

10 The American Lung Association challenged

11 EPA's failure to establish a short-term SO2 standard

12 in court. And in 1998, the Court of Appeals ruled in

13 our favor and directed EPA to reconsider this issue.

14 In the intervening decade, over 50 new

15 epidemiological studies have reported that hourly and

16 daily concentrations of SO2 are associated with

17 serious harm to health, including increased risk of

18 emergency department visits and hospital admissions

19 for respiratory causes. Theses associations are

20 observed after controlling for other pollutants and

21 when daily SO2 levels are well below the current

22 standard.

23 We are very pleased that in the face of

24 overwhelming evidence, EPA has finally proposed to

25 establish a new short-term standard for SO2. While
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 24

1 we would have preferred a five-minute standard, we

2 support a new one-hour limit, supplemented by greatly

3 expanded five-minute monitoring, as a first step.

4 However, everything depends upon the level of the

5 final standard and the monitoring mechanism to

6 enforce the standard.

7 To guard against the five-minute exposures

8 that we know are harmful, the hourly maximum standard

9 must be set no higher than 50 ppb, 99th percentile.

10 A 100 part per billion one-hour standard could not

11 possibly be protective of the public health, because

12 the chamber studies show that some people with asthma

13 experience adverse effects after only five-minute

14 exposures to 100 parts per billion.

15 These chamber studies deliberately exclude

16 people likely to be most affected by SO2 demanding

17 that standards be set below the adverse effect level

18 to provide a margin of safety to protect sensitive

19 populations.

20 In contrast to the other options under

21 consideration, an hourly standard of 50 parts per

22 billion could prevent six times more premature

23 deaths -- 12,000 lives saved -- compared to the

24 standard of 150 ppb. A standard of 50 ppb could

25 prevent 11 times more hospital admissions and
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 25

1 emergency room visits. A standard of 50 ppb could

2 prevent 3.5 million asthma exacerbations and nearly

3 600,000 acute bronchitis attacks every year. And a

4 standard of 50 ppb would remove 900,000 more tons of

5 SO2 from the air each year than a standard of 150.

6 Everyone knows that a standard is only as

7 good as its enforcement method. In this case, the

8 ambient air monitoring program. In 2006, EPA dropped

9 federal requirements for monitoring SO2. The number

10 of SO2 monitors has declined from 1500 in 1980 to

11 less than 500 monitors operating today. Of these,

12 only 1/3, or 170, are located in areas of maximum

13 expected concentrations.

14 EPA proposes to re-establish an SO2

15 monitoring network in areas of highest expected

16 concentrations, which we strongly support. However,

17 the proposed 348 monitors are grossly inadequate to

18 detect peak concentrations from the 2400 sources that

19 emit more than 50 tons per year.

20 We support a greatly expanded monitoring

21 network than that proposed by EPA. In addition, it

22 is crucial that states be required to report the peak

23 five-minute concentrations of SO2 based on a rolling

24 average.

25 In summary, the true test of the final SO2
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 26

1 standards will be if EPA selects a standard offering

2 the most protection within the proposed range and

3 accompanies it with an expanded monitoring program

4 adequate to enforce the standards. Thank you.

5 MS. RODRIGUEZ: Thank you. Any questions

6 for the speakers? Steve has one.

7 MR. SILVERMAN: Okay. Let's see. First,

8 since both of you are presenting fairly diverse

9 positions, I would expect that each of you will

10 address the other in your written comments. That

11 would be fruitful to us.

12 MS. SHPRENTZ: Yes.

13 MR. SILVERMAN: Second, Ms. Shprentz,

14 others may know this, but where does that qualified

15 mortality data come from?

16 MS. SHPRENTZ: That's in EPA's Regulatory

17 Impact Analysis.

18 MR. SILVERMAN: Okay. From the ERIA?

19 MS. SHPRENTZ: Yes.

20 MR. SILVERMAN: Okay.

21 MS SHPRENTZ: Yes. And actually, while I

22 have the microphone, I wanted to clarify another

23 point, which is the World Health Organization

24 standards, which were alluded to by the previous

25 speaker. My understanding is that they recommended
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 27

1 SO2 standards as follows: The 24-hour standard of

2 seven parts per billion and a ten-minute standard of

3 two parts per billion. So those are substantially

4 more stringent than what EPA has proposed.

5 MR. SILVERMAN: Okay.

6 MS. RODRIGUEZ: Thank you. Nealson?

7 MR. WATKINS: You made a comment about the

8 monitoring and that you support more than what's

9 proposed. If you were able to give more specifics,

10 how much more or the application, that would be

11 beneficial to us.

12 MS. SHPRENTZ: Well, we believe that you

13 need to monitor around all of the major sources, both

14 the point sources and the area sources. And that's

15 the only way you're going to detect these peak

16 concentrations. You can't do it without monitoring.

17 MR. WATKINS: Okay.

18 MS. RODRIGUEZ: Thank you, both. I'd like

19 to call to the table Rebecca Watts Hull and Charles

20 White.

21 MS. WATTS HULL: Good morning, my name is

22 Rebecca Watts Hull, and I represent Mothers & Others

23 for Clean Air, a partnership of six leading health

24 and environmental organizations in Georgia.

25 I'm here today to urge EPA to follow the
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 28

1 recommendations of its Scientific Advisory Committee

2 and create a one-hour standard for sulfur dioxide

3 that provides the adequate margin of safety for

4 sensitive populations required by the Clean Air Act.

5 Mothers & Others for Clean Air represents

6 1100 Georgia members, including parents, educators,

7 and healthcare professionals who are concerned about

8 the health effects of air pollution in Georgia. We

9 urge the EPA to set a one-hour limit of sulfur

10 dioxide of 50 parts per billion and also retain the

11 current 24-hour and annual standards.

12 I will focus my comments today on the

13 impacts of the proposed sulfur dioxide rule change on

14 the hundreds of thousands of Georgians living with

15 asthma.

16 Many studies demonstrate that even very

17 brief spikes in sulfur dioxide concentrations can

18 trigger severe asthma attacks, and asthma rates among

19 Georgia's children are among the nation's highest.

20 According to the most recent Asthma

21 Surveillance Report published by Georgia's Division

22 of Public Health, in Georgia, in more than ten

23 percent of children under age ten -- that's more than

24 a hundred thousand children -- have asthma.

25 15 percent of middle school students, or over 50,000
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 29

1 children, have asthma. And 16 percent of high school

2 students, more than 70,000 children, are living with

3 asthma. In sum, there are roughly a quarter of a

4 million children in the State of Georgia currently

5 living with asthma.

6 Managing asthma is a heavy burden for

7 families and for schools, interrupting learning and

8 play, and resulting in thousands of missed school and

9 workdays. Asthma also carries high economic costs.

10 In Georgia, there are more than 47,000 ER visits and

11 11,000 hospitalizations per year due to asthma for a

12 total cost of more than $142 million. And these

13 figures only include direct medical cost. If we were

14 to include the cost of higher insurance rates, lost

15 work, and lost school days, the figures would be much

16 higher.

17 We know that spikes in sulfur dioxide

18 pollution can send kids and adults living with asthma

19 to the emergency room even resulting in death in some

20 cases.

21 How might the proposed change in the

22 sulfur dioxide standard help provide Georgians with

23 cleaner air and reduce the burden of living with

24 asthma?

25 Georgia has adopted many measures to
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 30

1 improve air quality as has the EPA, including

2 widespread use of cleaner, lower sulfur diesel fuels

3 and controls on coal-fired power plants required by

4 Georgia's multi-pollutant rule. These important

5 steps have reduced sulfur dioxide emissions from

6 coal-fired power plants and on-road diesel engines.

7 However, many industrial facilities including pulp

8 plants in Georgia still burn higher sulfur fuel in

9 their boilers to generate power creating unhealthy

10 levels of sulfur dioxide in the region around them.

11 In addition, sulfur dioxide levels are

12 dangerously high in Georgia's Chatham County, home of

13 the Savannah port, due in part to emissions from

14 dirty bunker fuel burned by ships coming into the

15 harbor. A stronger standard for sulfur dioxide can

16 help spur Georgia agencies to address these problems.

17 There are three benefits of the rule

18 change for Georgia I would like to highlight. First,

19 a one-hour limit will provide Georgia's Environmental

20 Protection Division with the tools it needs to

21 require industrial facilities to use the best

22 available control strategies to reduce SO2 pollution

23 from their plants.

24 Several Georgia counties are expected to

25 fail the proposed one-hour sulfur dioxide standards.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 31

1 As a result, industrial facilities burning high

2 sulfur fuel and contributing to sulfur dioxide

3 non-attainment can be required by EPD to install the

4 best available control technologies. That's a tool

5 EPD does not currently have.

6 Second, the new standard will draw

7 attention to the problem of sulfur dioxide and

8 fine-particle solution that puts public health at

9 risk in the Savannah port area. The Georgia port

10 Authority has taken some initial steps to reduce

11 diesel pollution at the port, including

12 electrification of port cranes. With a significant

13 harbor deepening project planned and an anticipated

14 40 percent increase in freight through Savannah,

15 Georgia will need to take many additional steps to

16 safeguard public health on our coast.

17 Many harbor and ocean-going vessels still

18 burn very dirty high-sulfur-content fuel. The

19 emissions from ships, along with diesel exhaust from

20 on-shore equipment and trucks, create an unhealthy

21 mix of particle and sulfur dioxide pollution in the

22 port area.

23 A previous speaker pointed out that new

24 rules and processes will eventually force marine

25 vessels to burn cleaner fuel, but the possibility of
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 32

1 non-attainment of a tighter sulfur dioxide standard

2 can persuade the port to take steps to reduce

3 pollution in the interim rather than waiting many

4 years for the new rules to come into play.

5 A third important benefit -- and then I'll

6 wrap up -- of the proposed rule change is improved

7 monitoring. We support the placement of many

8 additional monitors in Georgia to catch the

9 short-term spikes that may be taking place around our

10 many coal-powered power plants where we don't know

11 whether we have startup and shutdown problems right

12 now because we simply don't have enough monitors to

13 catch those. Thank you very much.

14 MS. RODRIGUEZ: Mr. White.

15 MR. WHITE: Thank you. My name is Charles

16 White. Good morning. I'm here today representing

17 the nationwide American Lung Association. I

18 currently serve as the area executive director in

19 Georgia and South Carolina, and I've been with the

20 American Lung Association for 41 years

21 Thanks for this opportunity to express the

22 position of the American Lung Association on EPA's

23 proposed National Air Quality Standards for sulfur

24 dioxide. The American Lung Association saves lives

25 through the prevention of lung disease, and the
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 33

1 promotion of lung health. And as a 105-year-old

2 nationwide family, the Lung Association is committed

3 to the fight for healthier air.

4 The key to that fight has been our work to

5 support stronger national ambient air quality

6 standards. We recognize the critical role that

7 national air quality standards play, that these

8 standards quite literally drive the work we do as a

9 nation to clean up air pollution. The Clean Air Act

10 directs the EPA to review the science every five

11 years and to set standards at levels that protect

12 public health with an adequate margin of safety.

13 As part of our fight for healthy air, the

14 Lung Association took legal action against the US EPA

15 in 1998 over the last review of the sulfur dioxide

16 standard. At that time, the Agency had dismissed the

17 harm from short-term, but exceedingly high levels of

18 sulfur dioxide that threatened the health of hundreds

19 of thousands of people with asthma who live downwind

20 from major sources. The court agreed with us and set

21 the stage for this current review.

22 We are pleased that, at last, for the

23 first time since 1971, the EPA is recommending

24 providing more protection from sulfur dioxide for

25 these people. The American Lung Association agrees
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 34

1 with the conclusion reached by both the EPA and the

2 Clean Air Scientific Advisory Committee that the

3 current standard fails to protect public health.

4 We are pleased that EPA has proposed a new

5 one-hour standard to strengthen that protection, and

6 we recommend that EPA adopt the one-hour standard of

7 50 parts per billion set at the 99th percentile.

8 This standard would be within the range endorsed by

9 the independent Clean Air Scientific Advisory

10 Committee. Such a level would help to provide a

11 margin of safety required by the Clean Air Act to

12 protect public health.

13 We need a short-term standard this strong

14 to protect the health of members of our community who

15 face the greatest risk -- children, the elderly, and

16 people with asthma -- from spikes in sulfur dioxide

17 pollution that can make breathing difficult and send

18 them to the hospital.

19 The Lung Association also urges EPA to

20 retain both the 24-hour and the annual standard. The

21 assumption that we can control the harm from SO2 if

22 we simply shave off the peaks is a mistake, similar

23 to EPA's 1996 decision to assume that those peaks

24 didn't matter.

25 People in many parts of the country have
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 35

1 to live with constant plumes of sulfur dioxide in

2 pollution from coal-fired power plants and diesel

3 engines. Annual and daily standards remain critical

4 tools to help recognize the harm from these longer

5 exposures.

6 We need greater protection because sulfur

7 dioxide is dangerous. Science tells us that this

8 noxious gas makes people cough and wheeze and

9 inflames the tissues of the lungs. Sulfur dioxide

10 triggers asthma attacks and increases the likelihood

11 asthma sufferers will have to rush to the emergency

12 department or be admitted to the hospital.

13 Sulfur dioxide also reacts in the air to

14 create deadly fine-particle pollution. Decreasing

15 sulfur dioxide emissions will also reduce

16 fine-particle pollution and save lives. EPA has

17 estimated that a standard of 50 parts per billion can

18 reduce sulfur dioxide emissions by a million tons per

19 year and could save between 4700 to 12,000 premature

20 deaths each year by the year 2020.

21 We support the proposal to expand the

22 national system to monitor SO2. However, we believe

23 that we need more than the 348 monitors that EPA

24 proposed to add. There are nearly 2,000

25 high-emission sources that emit more than a hundred
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 36

1 tons per year.

2 The science is clear. The law is clear.

3 EPA has a legal requirement to set a standard, which

4 protects the health of the public -- especially

5 vulnerable people like the 23.3 million people in the

6 US, including seven million children who have asthma

7 -- and provide them with a margin of safety. The

8 proposed sulfur dioxide standard will add

9 long-missing protection, but it needs to be set at 50

10 parts per billion, 99th percentile.

11 On behalf of the American Lung

12 Association, I urge you to adopt a substantially

13 stronger sulfur dioxide standard. The health of

14 millions of Americans including our children and

15 grandchildren is at stake. Thank you.

16 MS. RODRIGUEZ: Thank you. Any questions

17 from the Panel?

18 MR. STEWART: I have a question for the

19 first speaker. I think I may have just missed it.

20 Do you have a reference for the asthma prevalence

21 rates that you quoted for Georgia?

22 MS. HULL WATTS: Yes. It's the Asthma

23 Surveillance Report that Georgia's Department of

24 Public Health puts out.

25 MR. STEWART: Thank you very much.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 37

1 MS. RODRIGUEZ: Steve?

2 MR. SILVERMAN: Thank you both. I assume

3 ALA, in its written comment, will address the

4 quantified analysis we put forward as to whether the

5 current standards are still needed, and I'm pretty

6 sure we do not accept your characterization that

7 we're merely shaving peaks.

8 MR. WHITE: Yes, we will.

9 MR. SILVERMAN: And we also proposed an

10 alternative form for this data. Do you have any

11 position on that?

12 MR. WHITE: I'm not familiar with the

13 alternative form. Perhaps, Deborah Shprentz is still

14 here. Do you have information on that?

15 MS. SHPRENTZ: We favor the 99th

16 percentile and feel that that would be more

17 protective than the alternative you have posed.

18 MR. SILVERMAN: Okay. I think we thought

19 they were equivalent. So I assume you'll address

20 that to the extent you have a preference in your

21 written comments?

22 MR. WHITE: Yes.

23 MS. RODRIGUEZ: Thank you.

24 MR. WHITE: Thank you.

25 MS. RODRIGUEZ: I'd like to call now on
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 38

1 Ms. Yolanda Whyte and Ms. Annie Mackay. Ms. Whyte.

2 DR. WHYTE: Yes. Hi. My name is

3 Dr. Yolanda Whyte, and I want to thank you for this

4 honor to speak to you today on this issue of sulfur

5 dioxide. This is my plea to you as an Atlanta-based

6 pediatrician to legislate for tighter standards due

7 to the harmful, direct and indirect, acute and

8 long-term effects this air pollutant has on our

9 health and wellbeing.

10 The young, the old, and the pregnant -- as

11 with all of these different toxins, carcinogens, and

12 pollutants -- they tend to be the most vulnerable to

13 these effects and yet they are the least protected.

14 Directly, sulfur dioxide comes in contact

15 with us through eyes, nose, throat, lungs, and skin.

16 And, furthermore, through the lungs, it can enter the

17 bloodstream. And sulfur dioxide being an air

18 pollutant entering the airways, it can cause

19 inflammation, which typically mimics symptoms that

20 can frequently be diagnosed as an allergic

21 inflammation -- or even an infection inflammation --

22 burning of the nose, difficulty breathing, and septic

23 secretion. It can also exacerbate asthma and heart

24 disease. And long term, it decreases lung function

25 over time.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 39

1 Now, children are more susceptible to

2 these effects, because they breathe in more air for

3 their body weight, and they breathe at a faster rate.

4 They also exercise more and have a faster metabolism.

5 Each of these factors individually and collectively

6 increase the sulfur dioxide concentrations in their

7 lungs as well as the enhancing effects that it has in

8 the lungs. And I know, with children, the lungs are

9 the last thing to develop, and there is not complete

10 development until after puberty.

11 Furthermore, there was a study in the

12 June 2004 issue of the Peer Review Journal of

13 Pediatrics that show that increasing of sulfur

14 dioxide was associated with a 17.7 percent increase

15 in sudden infant death syndrome incidents. It's also

16 been implicated in premature birth, low birth weight,

17 and sudden death.

18 Indirectly, as a medical provider, not

19 only am I concerned about these symptoms that this

20 exposure has caused, but also taken into account the

21 interventions made to control these symptoms such as

22 parents overmedicating children with cold and cough

23 medications, which happens to be the number one cause

24 of death due to child poisoning. Tylenol happens to

25 be the number two cause of death due to child
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 40

1 poisoning.

2 And even when we use these medications in

3 children, whether it's prescription or over the

4 counter, it's almost always used to treat kids under

5 two years old causing a health hazard, especially

6 with increasing in their blood pressure as well as

7 their heart rate.

8 There's also a medical burden on clinics,

9 emergency departments, and hospitals, which are not

10 equipped with the diagnostic modalities to detect

11 sulfur dioxide as the epidemiological agent of these

12 illnesses. Even though a blood and a urine test are

13 available, it is not easily accessible at all. In

14 fact, much of the -- due to the lack of public

15 awareness on all these environmental pollutants, much

16 of the medical community is oblivious to the effects

17 of sulfur dioxide. Therefore, it's rarely considered

18 in the differential diagnosis for the medical

19 decision-making process.

20 Looking at wellbeing, it's also affected

21 by missed days at work, schools, as well as daycare.

22 And when a child is sent home from daycare, the

23 parent also takes the day off for the medical

24 appointment as well as the time taken to heal.

25 There's also a significant educational
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 41

1 burden, which the State of Georgia, in particular, is

2 not in a position to afford this educational burden.

3 According to education research, Georgia has the

4 lowest high school graduation rates in the country.

5 So there's a big impact to this, and

6 taking a stand on tighter regulations is just taking

7 a step forward in the right direction of seeing the

8 big picture of healthcare reform. Thank you.

9 MS. RODRIGUEZ: Thank you, Dr. Whyte.

10 Ms. Mackay.

11 MS MACKAY: Good morning. My name is

12 Annie Mackay. I'm an associate with Hunton &

13 Williams, and I am pleased to speak to you today on

14 behalf of the Utility Air Regulatory Group, UARG.

15 UARG has participated in all aspects of

16 the current review of the NAAQS for sulfur dioxide.

17 UARG's written comments on each of the drafts of the

18 Integrated Science Assessment and the Risk and

19 Exposure Assessment on SO2, which provide a part of

20 the basis that EPA sites for the proposal, are

21 available on the public docket. UARG also plans to

22 submit more detailed written comments on the proposed

23 rule on SO2. These written comments will address the

24 science underlying the current proposal.

25 In stead, in this brief statement, I
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 42

1 intend to focus on the usefulness of EPA's proposed

2 one-hour standard and the range of 50 to a hundred

3 ppb. The EPA has asked to comment on the one-hour

4 standard as high as 150 ppb. I'll include that in my

5 comment.

6 I'll begin by noting that SO2

7 concentrations in the US have been decreasing over

8 the past several decades. A trend that is expected

9 to continue. According to the report the EPA has

10 released last month, as of 2008, annual SO2 emissions

11 have decreased by 56 percent compared with 1980

12 levels, and 52 percent compared with the 1990 levels.

13 Additionally, the national composite average of the

14 annual mean ambient concentration of SO2 decreased by

15 71 percent between 1980 and 2008.

16 The report specifically noted that the

17 decline in SO2 emissions from the power industry has

18 improved air quality. The EPA's most recent National

19 Air Quality Status and Trends Report, the Agency

20 cited a downward trend in ambient SO2 concentrations.

21 The Agency attributed the trend to

22 national emissions control programs, including NAAQS,

23 and stated that it expects air quality to continue to

24 improve. Accordingly, the health risks from SO2 have

25 decreased, and any remaining risks will continue to
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 43

1 decline.

2 EPA stated that the purpose of the

3 proposed one-hour standard is to protect against

4 five-minute SO2 concentrations above 200 and 400 ppb.

5 The EPA's evaluation of data from 809 ambient SO2

6 monitors reported that only approximately one percent

7 of days included a five-minute SO2 concentration of

8 200 ppb, and less than one percent of days included a

9 five-minute concentration of 300 or 400 ppb.

10 Thus, five-minute SO2 concentrations in

11 the range of interest are rare, and health effects

12 can only be related to such infrequent SO2 levels if

13 susceptible people are exposed to such levels.

14 The EPA has prepared a risk and exposure

15 assessment that included exposure analysis case

16 studies of asthmatics -- the subpopulation the EPA

17 identified as susceptible -- in St. Louis and in

18 Greene County, Missouri. Having concluded that some

19 asthmatics are sensitive to SO2 when breathing at

20 elevated rates -- for example, due to exercise -- the

21 Agency looked at the number of asthmatics living

22 within 20 kilometers of a major SO2 source

23 experiencing five-minute SO2 exposures to 100, 200,

24 300, and 400 ppb while at elevated ventilation rates.

25 The Agency considered both current ambient
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 44

1 air quality and air model to represent attainment of

2 each of the targeted levels. Although the REA is not

3 a comprehensive examination of national risk, it

4 examined risks in areas where SO2 emissions are among

5 the highest in the US.

6 According to the REA, imposing a one-hour

7 SO2 standard between 50 and a hundred ppb will do

8 little, if anything, to protect public health. EPA's

9 modeling indicates that the risk associated with

10 current ambient air quality are consistently

11 comparable to or lower than the risks that are

12 estimated to exist upon attainment of any of the

13 one-hour SO2 standards under consideration. I'm

14 making available a written statement that explains

15 this in more detail. Please let me know if you would

16 like a copy.

17 EPA's Regulatory Impact Analysis, or RIA,

18 confirms the very limited possible health benefits

19 from the proposed one-hour standard and indicates

20 that the projected cost of attaining the proposed

21 one-hour standards far outweighs the direct SO2

22 health benefits.

23 For example, EPA projects that attaining a

24 one-hour standard of 150 ppb would cost 380 to $410

25 million, with potential health benefits from SO2
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 45

1 evaluated at only $600,000. Attainment of a 50 ppb

2 standard would cost 6.5 to $6.8 billion, but would

3 yield a potential health effect from SO2 of $12

4 million. In other words, the proposed standards are

5 projected to cost over 500 times more than the SO2

6 health benefits they are projected to provide.

7 Even if there were benefits to be gained

8 from the imposition of a one-hour SO2 standard, the

9 RIA acknowledges that EPA does not know how to attain

10 the proposed SO2 NAAQS. For nearly half of all

11 counties considered, EPA was unable to identify

12 control measures that could bring the county into

13 attainment of the targeted levels. EPA's inability

14 to identify a method for attainment of their proposed

15 standards calls into question whether even the

16 limited benefits that the Agency has predicted will

17 be achieved.

18 Given the fact that by EPA's own

19 calculations there is minimal, if any, direct benefit

20 expected from reducing ambient SO2 concentrations to

21 these targeted levels, UARG suggests that EPA

22 reconsider whether setting a one-hour standard is the

23 best use of the Agency's and the country's time and

24 resources. Thank you.

25 MS. RODRIGUEZ: Thank you. Any questions
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 46

1 from Dr. Whyte or Ms. Mackay?

2 MR. STEWART: I have a question for the

3 second speaker. On page three, the second paragraph

4 starts with, "According to the REA, imposing a

5 one-hour SO2 standard of between 50 to 150 ppb will

6 do little, if anything, to protect public health."

7 Could you expand on that, because that's certainly

8 not the conclusion we arrived at.

9 MS. MACKAY: I'm not prepared to answer

10 any questions at this time, but questions should be

11 referred to Cindy Langworthy, clangworthy@hunton.com.

12 MR. STEWART: Okay. I assume it will be

13 addressed in your written comment?

14 MS. MACKAY: Yes.

15 MR. STEWART: Okay. Thank you.

16 MR. SILVERMAN: Do you mind telling

17 Ms. Langworthy, also, that all the discussions of

18 costs and benefits is legally irrelevant. We are

19 precluded by law from considering those and

20 establishing anything in that.

21 MS MACKAY: (Speaker nods.)

22 MS. RODRIGUEZ: Thank you. Okay. The

23 last two speakers we have signed up for the morning,

24 as of now, I'm going to call those two to the table,

25 but I want to encourage anyone that has not
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 47

1 registered and may want to speak to register at the

2 registration table outside the doors. Let me call

3 now John Blair and Mark Woodall. Mr. Blair.

4 MR. BLAIR: Yes. Good morning. My name

5 is John Blair. I'm here representing a group called

6 Valley Watch. We do what the name implies. We watch

7 the lower Ohio Valley. Our purpose is to protect the

8 public health and environment of the lower Ohio River

9 Valley.

10 This is the lower Ohio River Valley.

11 These dots on this map represent power plants. Three

12 of these power plants are amongst the largest power

13 plants in the world; 4600 megawatts and above

14 (indicating). The rest of them vary from with 2,000

15 to about 250.

16 I live in Evansville, Indiana, and within

17 a hundred kilometers of where I live, there's

18 15,000 megawatts of electricity generated, much of

19 which goes out the state in the region. In fact, I

20 calculated that over 10,600 of those megawatts

21 actually go out of the region that is served in this

22 area (indicating).

23 These power plants represent 510,000 tons

24 of SO2. Now, I've heard different speakers talk this

25 morning about health effects and that sort of thing,
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 48

1 and I know that there's a lot of synergy as far as

2 health effects are concerned for not only SO2 but the

3 NOx standard. And, that, I think will also be having

4 a standard set at some point in the future.

5 Valley Watch was one of the litigants in

6 the consent decree that you referred to earlier. You

7 know, it's not just that. 4,307 pounds of mercury

8 from these -- we know what the problem is. And, in

9 fact, the problem is so acute in the region that I

10 live in, and I don't know if you all saw this map,

11 but the region I live in, a child in Vanderburgh

12 County, Indiana, which is my home, is five times more

13 likely to be hospitalized with asthma than his

14 counterpart in a very demographically similar

15 community of Fort Wayne, Indiana, which is on the

16 northeastern end of the state versus the southwestern

17 end the state, which has no coal-fire power plants

18 near it. It's five times more likely. And I will be

19 putting that in my written comments.

20 What I really want to talk about, though,

21 is the monitoring and how you're going to deal with

22 attainment and non-attainment. One of the things

23 that I would recommend highly is when you're looking

24 at attainment and non-attainment issues particularly,

25 is to consider the recession that we've been having.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 49

1 In fact, the recession has reduced

2 electric demand in southern Indiana -- in most all of

3 Indiana and western Kentucky -- by more than

4 18 percent this year. So 2009 and actually 2008,

5 since the recession started in late 2007, I think it

6 is important to acknowledge that in your determining

7 what areas are attainment and non-attainment in this

8 standard.

9 We are certainly here agreeing with the 50

10 parts per billion standard on the 99th percentile,

11 and we also agree with the American Lung Association

12 that the annual and the other standard -- you know,

13 both the 24-hour and the annual standard, should be

14 retained.

15 When you look at the monitoring network,

16 which is the enforcement mechanism, I'm not really

17 sure how many of those monitors are going to go in

18 this area. But it doesn't matter which way the wind

19 blows, we're getting a healthy dose of SO2 all the

20 time.

21 Somebody mentioned the tall stacks

22 earlier. I think it was Ms. Shprentz. She mentioned

23 tall stacks. Very few of the power plants, except

24 for the Rockport power plant, which was the last

25 tall-stack power plant to be built in the nation,
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 50

1 have tall stacks. Most of them are lower, and the

2 sulfur dioxide hit that we take on a daily basis

3 comes from local sources. So there's others in

4 Indiana, too.

5 The Clifty Creek power plant, a major

6 source of sulfur dioxide, it was going to put

7 scrubbers on as a result of the CAIR rule, but then

8 when the CAIR rule was overturned by the DC Circuit,

9 they decided to stop construction on the scrubbers.

10 So, you know, we're not going to necessarily get the

11 benefits of a lot of these clean air rules. And, in

12 fact, the Rockport power plant, which is a 2600

13 megawatt power plant that I mentioned, the Rockport

14 power plant is under a consent decree on a NSR suit

15 in that they don't have to do anything until 2018.

16 So we get it all, and I'm tired of it. My

17 friends and neighbors are sick. We need our air

18 cleaned up. And SO2 is one of the primary pollutants

19 that's causing that. Thank you.

20 MS. RODRIGUEZ: Mr. Woodall.

21 MR. WOODALL: Good morning. My name is

22 Mark Woodall. I'm the chairman of the executive

23 committee of the Georgia Chapter of the Sierra Club.

24 I believe you'll be getting written comments from the

25 National Sierra Club at some point here, but I did
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 51

1 want to show up here on behalf of our 10,000-odd

2 members here in Georgia and say that we strongly

3 support the EPA's proposal to strengthen the

4 protection of human health and the environment by

5 establishing hourly standards for SO2.

6 Specifically, we support a one-hour

7 standard of 50 parts per billion, 99th percentile;

8 the most stringent standard proposed.

9 I admit I'm not a doctor or an air expert,

10 air quality expert, but I do drive around the State

11 of Georgia quite a bit and go by places such as

12 Middle Georgia Plant Scherer, which I kind of

13 wondered why you would have your only national

14 appearance here in Atlanta, but it's somewhat fitting

15 because we're sitting about a hundred miles due north

16 of the largest coal plant in North America, Georgia's

17 power plant, Scherer, of four units.

18 When you drive around Georgia and go past

19 central Georgia and see that giant cloud hanging over

20 Plant Sherer, you can certainly suspect that there

21 are problems. And we've had recent hearings on the

22 pollution controls for the two proposed coal plants

23 here in Georgia. One in Early County in southwest

24 Georgia and one in Washington County in east Georgia.

25 We have people there who lived in the area
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 52

1 of Plant Scherer, and they certainly described many

2 problems, health problems, associated with the

3 pollutants, including SO2, from the giant coal

4 burners there. And anecdotally, Macon, the closest

5 big city to Plant Scherer, has gone from I think,

6 what, two asthma specialists to 20-something in the

7 last few years since Scherer opened in the last 20

8 years or so. So that was of interest.

9 When we talk about a healthcare reform

10 here in the United States, we believe one thing we

11 can do is stop the burners of fossil fuel from

12 externalizing the costs of the people of the United

13 States. And, of course, there's costs also involving

14 the health insurance companies that we have out there

15 as well as the government of the United States.

16 As a volunteer leadership of the Sierra

17 Club, I'm a commercial tree farmer who's responsible

18 for clearcut and collective thousands of acres here

19 in Georgia. And so I'm aware of the effect of SO2

20 and acid rain on Loblolly pine trees. And there's

21 been quite a bit of research through the forestry

22 schools here in the southeast like Auburn

23 University's research in ozone and some of the things

24 Duke University Forestry School has been doing. And

25 it seems like ozone and SO2 and that sort of thing
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 53

1 hurts the growth of our Loblolly pine trees.

2 Already, when I plant a Loblolly pine tree, I've got

3 to wait around 35 to 40 years for a paycheck. So any

4 delay of that paycheck is a problem.

5 We appreciate your work to protect the

6 human health in the United States and look forward to

7 these more stringent and protective controls. Thank

8 you.

9 MS. RODRIGUEZ: Thank you. I just want to

10 remind you, Mr. Woodall, this hearing is about the

11 NAAQS for the primary, what we call the primary

12 standard, that protects human health, and we are

13 looking at a separate standard to look at NO2 and SO2

14 together to protect vegetation and others that we

15 call welfare effects.

16 And I also wanted to remind you,

17 Mr. Blair, that we are prohibited by the Clean Air

18 Act to look at cost and benefits when we set a

19 standard. We base it based on human health effects.

20 I had a question about your comment on

21 taking the recession into account. I assume that you

22 meant, and maybe you can explain more, that because

23 there's a recession, there's less demand for power

24 generation, and that should reduce the amount of

25 pollution?
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 54

1 MR. BLAIR: You apparently took the same

2 economics course that I did. When the economy turns

3 down, the demand for electricity goes down with it.

4 In this case, the demand for electricity, at least in

5 my area, has gone down significantly.

6 So what I'm basically saying is that

7 whenever you look at, specifically, 2009 data, when

8 it's all in and done, I think that you're going to

9 see something that may be misinterpreted as being

10 scrubbers when, in fact, it's the economy.

11 I would hope that that would be

12 considered, you know, either through waiting until

13 you have 2010 data to make those determinations, as

14 far as attainment and non-attainment, that that may

15 be skewed down too. So it may be that it's like 2005

16 through 2007 data that would be more appropriate to

17 make those determinations. Although, we're in a

18 state of flux because of the fact that some units,

19 because of the CAIR rule and when it came about, have

20 been scrubbed.

21 So we're anticipating a much cleaner air

22 quality around the area that I live in as a result of

23 the CAIR rule even though it's no longer really

24 valid. We're anticipating much cleaner air. And, in

25 fact, I do aerial photography for a living, and I had
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 55

1 more clean days this summer than I've ever had in my

2 whole career, which spans about 35 years, to be able

3 to shoot pictures from the air. I think a lot of

4 that is more attributable to the recession than it is

5 to pollution controls that have been put on as a

6 result.

7 MS. RODRIGUEZ: Thanks. We always do use

8 three years of monitoring data to make those

9 assessments.

10 MR. BLAIR: I'm very aware of that.

11 MS. RODRIGUEZ: Any other questions from

12 the Panel?

13 MR. WATKINS: Mr. Blair, you made a

14 similar comment regarding monitoring and not knowing

15 whether or not monitoring would be required where you

16 live. I don't know where exactly you live in Indiana

17 with regards to what Core Based Statistical Area you

18 may live inside of, but the State of Indiana will

19 have seven monitors that will be required to be

20 distributed around the state in addition to any that

21 are required in certain metropolitan areas.

22 So certainly, if you're in an area that's

23 not a larger metropolitan area that's covered under

24 the first prong because of monitoring regulations and

25 rules here, the second prong of which monitoring
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 56

1 probably being bounded within the state, will

2 certainly be something that, I imagine, you being --

3 would be considered. Especially if you're in the

4 area where you have a confluence of plumes, not from

5 just Indiana, but your neighboring states as well so

6 long as those plumes are contributing to some maximum

7 concentration occurring in the area. So that will be

8 something that is considered when monitors will be

9 placed in Indiana.

10 MR. BLAIR: I certainly appreciate that,

11 and I trust that being the largest concentration

12 coal-fire power plants in the world, as far as I

13 know, that there would be more than one of those

14 seven monitors placed in that region.

15 But another thing I noticed whenever I

16 read the rule the first time, through the proposed

17 rule, there's counties that are considered as

18 non-attainment and counties that are considered

19 attainment that are right next to each other, and

20 they're getting the same hit. You know, there's not

21 -- you know, really, as an ozone standard, it was the

22 metropolitan area that was supposed to be considered,

23 and it got all the way down to almost township level.

24 It seems to me that the region should be

25 attainment or non-attainment and not a specific small
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 57

1 area within the region, especially in a region like

2 I'm living in.

3 MR. WATKINS: That's certainly something

4 you could give us. Are you giving --

5 MR. BLAIR: We are going to give you

6 written documents.

7 MR. WATKINS: You know, in as much detail

8 as you're able to do so.

9 MR. BLAIR: Absolutely.

10 MS. RODRIGUEZ: Thank you, gentlemen. I'd

11 like to call Mr. Robert Brown.

12 MR. BROWN: Good morning. My name is

13 Robert Brown, and I represent the Bureau of Air

14 Quality at the South Carolina Department of Health

15 and Environmental Control. I'd like to thank the EPA

16 for the opportunity to provide comments on the EPA's

17 proposed revision of the SO2 NAAQS standards, and

18 I'll direct my testimony to the process being used to

19 solicit the public's input on this proposal.

20 A significant amount of time is required

21 to research and fully understand the issues

22 associated with promulgating a revised national

23 standard. As a result of the limited time allowed in

24 this public hearing and the limited time between

25 publication of the Federal Register and the public
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 58

1 hearing, the department will provide additional

2 comments on the proposed rule by the February 8th

3 deadline.

4 In a memo to her staff concerning

5 transparency in EPA'S operation, Administrator

6 Jackson states: The EPA offices conducting

7 rulemaking are therefore encouraged to reach out as

8 broadly as possible for abuse of interested parties.

9 The department has concerns about the

10 public environmental process being used for the

11 development of this rule in hopes that the EPA will

12 consider Administrator Jackson's advice and

13 commitment to public participation in EPA

14 decision-making.

15 The EPA scheduled only one public hearing

16 17 business days after the proposed revisions to the

17 National Ambient Air Quality Standard proposed in the

18 Federal Register. Additionally, slightly more than

19 60 days have been allotted to receive public

20 comments. The department does not believe this is

21 sufficient time for affected stakeholders, or the

22 interested parties mentioned earlier, to gather

23 information, acquire perspective, generate meaningful

24 comments, and deliver them within the required

25 timeframe.
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 59

1 Also, publishing the proposed rule and

2 holding the public comment period and public hearing

3 during a time period, including the end-of-the-year

4 holiday season, feeds the perception of many

5 stakeholders that EPA is not fully supportive of

6 meaningful input.

7 Establishing and revising a National

8 Ambient Air Quality Standard is one of the most

9 important rulemakings that EPA undertakes to protect

10 public health. However, when the EPA proposes

11 revisions to ambient air quality regulations, a rule

12 that does not directly protect the public health, the

13 public and State regulators were notified eight weeks

14 prior to holding the first of three public hearings

15 and were provided with a 90-day public comment

16 period, which was sufficient time for our state to

17 research additional information, to share information

18 with interested stakeholders, and to provide

19 meaningful comments.

20 The EPA is committed for the public

21 participation efforts with that rulemaking. However,

22 this inconsistency highlights the need for EPA to

23 reevaluate and improve its public involvement

24 process.

25 From June of 2009 to January of 2011, the
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 60

1 EPA will have reviewed or reconsidered the National

2 Ambient Air Quality Standards for ozone, PM, SO2,

3 NOx, and CO. Never before have so many reviews been

4 done in such a narrow timeframe. Our State agency,

5 with its staff of engineers, modelers, scientists,

6 and epidemiologists, who have the responsibility of

7 protecting public health and improving air quality,

8 will devote significant resources to the reviews of

9 these proposed standards.

10 Other stakeholders in South Carolina with

11 fewer resources, knowledge, and understanding of air

12 quality issues will struggle to meet such a time

13 frame as with the SO2 proposal. For example,

14 communities who live near the source of the pollution

15 are usually those who have the greatest need of

16 health protection. Their understanding and direct

17 feedback is of utmost importance in evaluating the

18 environmental justice implications of establishing

19 and revising ambient air quality standards.

20 Environmental benefits will be achieved in

21 the most effective and efficient manner only with a

22 clear understanding of the proposed regulations by

23 all stakeholders involved, including the general

24 public, industry, and State and local authorities.

25 Better coordination and consideration of
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 61

1 multi-pollutant impacts by EPA and more opportunity

2 to partner with all stakeholders will result in

3 environmental benefits, including better public

4 health outcomes, efficient use of monitoring

5 resources, and commonsense approaches.

6 In closing, our agency is concerned that

7 EPA is not allowing sufficient public review of this

8 standard, including its interrelationship with other

9 standards under review and should consider reviewing

10 and improving how it involves the public in its

11 decision-making process.

12 EPA is a leader in stressing the

13 importance of collaborative problem-solving and has

14 certainly shown that in working with SCDHEC,

15 especially in our work with environmental justice

16 communities, has had considerable success.

17 Our department has revisited its processes

18 to encourage more public participation by involving

19 the public earlier and more often and establishing

20 and maintaining partnerships with stakeholders. We

21 are committed to continued improvement in public

22 involvement and encourage the EPA to work more

23 closely with states such as South Carolina in

24 ensuring meaningful public participation in

25 rulemaking.
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 62

1 Thank you again for the opportunity to

2 provide oral comments on this rulemaking, and I'd be

3 happy to answer any questions you may have.

4 MS. RODRIGUEZ: Thank you, Mr. Brown.

5 With this national ambient air quality standard with

6 others, we are under a court-ordered deadline. So

7 that's why we are limited in the amount of time that

8 we have for extending public comments.

9 We got the rule signed on November 16th,

10 and it wasn't published in the Federal Register until

11 December 8th. However, it was posted on the website

12 immediately, so that the public that had access to a

13 website could look at the rule. So the delay in

14 publishing it is out of our hands, in a way, because

15 of the backlog and the large amount of -- the large

16 rule that it is, it takes longer in that queue.

17 I don't know, Steve, if you want to

18 address that any more.

19 MR. SILVERMAN: No. That's quite

20 accurate. There is a tradeoff for these types of

21 consent decree deadlines, and one of them is public

22 participation in some cases.

23 MR. BROWN: And we understand that issue,

24 and certainly we have all these other deadlines that

25 are coming up over the next year. And I guess one of
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 63

1 our concerns is that we have -- South Carolina

2 doesn't necessarily comment towards the level that

3 the standards are set at. We certainly have been

4 offering comments on the changes and the monitoring

5 parameters. And as with the NOx standard that has

6 been recently proposed, there's been different

7 monitoring scenarios that have to be considered

8 during this process. And the SO2 monitoring process

9 that's been proposed is different from the NOx

10 proposal that was out earlier, and these were

11 different from what we've had to consider in the

12 past.

13 We're working on the five-year network

14 review now, and all of this is going to be

15 superimposed, and a lot of different things going in

16 different directions, and it will change what we

17 decide this year to do for our five-year monitoring

18 review. The same is going to have to be done next

19 year when we look at where all of these new

20 monitoring scenarios are going to go and how we have

21 to site different monitors at different locations.

22 So the more ability we have to look at

23 these things in total, the better off everybody is

24 going to be, certainly, as a State agency but also

25 the public that we're supposed to be protecting.
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 64

1 MS. RODRIGUEZ: Any questions from the

2 Panel?

3 MR. WATKINS: I understand the constraints

4 under which working, especially with the monitoring

5 and the five-year network assessment. At least, we

6 look at that that the states will be able to handle

7 it. You know, and where we are now and understanding

8 that this proposal needing to go forward, and when

9 they go final, and what form they go final, are going

10 to change.

11 And we understand that we feel like we

12 will be working with the states and certainly won't

13 be laying this out for you to take on alone but feel

14 like that there will be enough time. And you can

15 certainly give us feedback in your written comments

16 on the implementation in the network, and the

17 approach we are going to be taking. And in this

18 (inaudible).

19 COURT REPORTER: I need you to speak up,

20 please.

21 MR. WATKINS: Okay. In this particular

22 proposal, the network, as proposed, would be deployed

23 by January 1st of 2013. And we feel like, you know,

24 we are trying to allot enough time for states to work

25 and work with us with the regions and identify how
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 65

1 the networks should be implemented.

2 So we certainly recognize that it's not a

3 small task and that, at least, the monitoring is

4 different than had been previously, but we feel like

5 this is the path that we need to move forward with.

6 And we will be there working with you, and we feel

7 like we're responding and understanding what's going

8 on with the states, especially with this problem and

9 so we understand your position.

10 Any monitoring comments that you have,

11 certainly give those to us in writing, and we'll be

12 better able to accommodate any of those comments and,

13 if you would, incorporate them in more detail in your

14 written comments.

15 MR. STEWART: I would just like to mention

16 that just in general, public interest in the NAAQS

17 process, we've had multiple public meetings in the

18 Department of the Integrated Science Assessment as

19 well as the Risk and Exposure Assessment which would

20 keep the policies and statutes. Thank you.

21 MS. RODRIGUEZ: Thank you.

22 MR. BROWN: Thank you, again.

23 MS. RODRIGUEZ: So it's 11:20, and we are

24 scheduled to take a break for lunch at 12:30. We

25 don't have any other speakers signed up as of now.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 66

1 So we'll take a short break, and we will be back as

2 soon as we have anyone else signed up for speaking.

3 Thank you.

4 (Recess from 11:22 a.m. to 12:30 p.m.)

5 (Lunch recess from 12:30 p.m. to 2:00 p.m.)

6 MS. RODRIGUEZ: Good afternoon. We are

7 ready to resume this hearing. Thank you for

8 attending the Environmental Protection Agency's

9 public hearing on the proposed rule for sulphur

10 dioxide, SO2. I recognize that many of you have

11 traveled quite a distance to be here, and we

12 appreciate your efforts.

13 My name is Rosalina Rodriguez, and I am

14 the associate director for the Health and

15 Environmental Impacts Division for EPA's Office of

16 Air Quality Planning and Standards. I am chairing

17 this hearing today, and we are here to listen to your

18 comments on EPA's proposed revisions to the Primary

19 National Ambient Air Quality Standards, otherwise

20 known as NAAQS, for sulfur dioxide.

21 As a reminder, this is a hearing, an

22 opportunity for the public to comment on EPA's

23 proposed rule. The Panel members may ask questions

24 that seek to clarify what we have proposed, but the

25 purpose of the hearing is to listen to your comments,
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 67

1 not to discuss or debate the proposal.

2 Before we move to the comment period this

3 afternoon, I would like to briefly describe the

4 proposed rule that is the subject of today's hearing.

5 The proposed rule was published in the Federal

6 Register on December 8th, 2009.

7 Based on its review of the air quality

8 criteria for oxides of sulfur and the primary NAAQS

9 for oxides of sulfur as measured by sulfur dioxide,

10 EPA is proposing to revise the primary SO2 NAAQS to

11 provide requisite protection of public health with an

12 adequate margin of safety.

13 Specifically, EPA proposes to replace the

14 current 24-hour and annual standards with the new

15 short-term SO2 standards based on the three-year

16 average of the 99th percentile, or fourth highest, of

17 the annual distribution of one-hour daily maximum

18 concentrations. EPA proposes to set the level of

19 this new one-hour standard within the range of 50 to

20 a hundred parts per billion, ppb, and solicits

21 comment on standard levels as high as 150 ppb.

22 Also, EPA proposes changes to the ambient

23 monitoring and reporting requirements for SO2.

24 Consistent with the terms of a consent decree, the

25 Administrator will sign a notice of final rulemaking
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 68

1 by June 2nd of 2010. EPA also notes that the

2 proposed changes would not affect the secondary SO2

3 NAAQS set to protect public welfare, because EPA is

4 considering the need for changes to the secondary

5 standard under a separate review.

6 Now, let me turn to the comment portion of

7 today's hearing. We will be preparing a written

8 transcript of today's hearing. The transcripts will

9 be available as part of the official record for each

10 rule. We are also accepting written comments for the

11 proposed rule until February 8th, 2010. We have a

12 handout available at the registration table outside

13 the door with detailed information for submitting

14 written comments.

15 I would like to outline how this

16 afternoon's hearing will work. I will call the

17 scheduled speakers to the microphone in pairs.

18 Please state your name and your affiliation. It will

19 help our court reporter if you also spell your name.

20 In order to be fair to everyone, we are

21 asking that you limit your testimony to five minutes

22 each and to remain at the microphone until both

23 speakers have finished. After you finish your

24 testimony, a Panel member may ask clarifying

25 questions.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 69

1 As I mentioned, we are transcribing

2 today's hearing, and each speaker's oral testimony

3 will become part of the official record. Please be

4 sure to give a copy of any written comments to our

5 staff at the registration table. We will put the

6 full text of your comments into the docket for you.

7 Our timekeeping system consists of cards

8 that we will flash to let you know how much time you

9 have left. Please begin speaking when you are

10 acknowledged. You will have five minutes to speak.

11 We will signal you when you have one minute left. We

12 will ask that you stop speaking when the stop sign is

13 shown.

14 We intend to stay into the evening, until

15 7:00 tonight, until everyone has had an opportunity

16 to comment. If you would like to testify but have

17 not yet registered, please do so at the registration

18 table. For those who have already registered to

19 speak, we have tried to accommodate your requests for

20 a specific time. We ask for your patience as we

21 proceed through the list.

22 I would like to introduce the EPA

23 representatives on our Panel. To my left is Carol

24 Kemker from EPA's Region 4. To my immediate right,

25 Nealson Watkins, with the Office of Air Quality
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 70

1 Planning and Standards' in the Ambient Air Monitoring

2 Group. And at the end of the table, Michael Stewart,

3 also with the Office of Air Quality Planning and

4 Standards' in the Ambient Standards Group. Our court

5 reporter is Yolanda Narcisse. I would like to really

6 thank you all again for participating in today's

7 hearing.

8 Let's get started by calling Dr. LeRoy

9 Graham and Mr. Ed Harrison. Dr. Graham.

10 DR. GRAHAM: Thank you for inviting me

11 here today. My name is LeRoy Graham. I'm a

12 pediatric pulmonologist lung specialist here in the

13 metropolitan Atlanta. I'm in private practice with

14 Georgia Pediatric Pulmonology Associates.

15 I'm a long-time volunteer for the American

16 Lung Association and a member of the Georgia State

17 Medical Association, Georgia Thoracic Society, and

18 Atlanta Medical Association. I'm also a Fellow and a

19 Regent of the American College of Chest Physicians.

20 I'm here today to urge you to provide

21 greater protection from sulfur dioxide for my

22 patients and my community with a strong national

23 ambient air quality standard. I support a new

24 one-hour standard of 50 parts per billion at the

25 99th percentile. The standard should be added to the
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 71

1 existing 24-hour and annual average standards. I

2 also support greatly enhanced monitoring to help

3 better identify the pollution levels in communities

4 across the nation.

5 My patients are infants, children, and

6 adolescents who have difficulty breathing. They

7 suffer from diseases like asthma, bronchopulmonary

8 dysplasia, viral and bacterial pneumonia, and cystic

9 fibrosis.

10 My job, quite simply, is to help them

11 breathe better and help their lungs mature fully as

12 they age -- and this is very important as recent data

13 shows that actual physical physiologic and improper

14 maturation of lungs can be adversely affected by lung

15 air pollution -- and to help them to be able to lead

16 normal healthy lives.

17 Unfortunately, the air pollution in the

18 Atlanta area makes that difficult. I'm all too well

19 acquainted with how pollution affects children. I

20 co-authored the study of the 1996 Olympics here in

21 Atlanta published in the Journal of the American

22 Medical Association.

23 Our research found that as ozone pollution

24 dropped during the two weeks of the Olympics due to

25 behavioral changes in populus, fewer children with
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 72

1 asthma needed medical care for their disease. Less

2 pollution, quite simply, meant healthier kids across

3 all economic stratus and throughout many

4 neighborhoods throughout Atlanta.

5 Like ozone, sulfur dioxide also hurts

6 children with asthma. Sulfur dioxide is a toxic gas

7 that induces bronchoconstriction, a narrowing of the

8 airway, in the respiratory system. We do not yet

9 fully understand how sulfur dioxide forces the

10 airways to constrict, but we know that it happens

11 both in the environmental chamber and our studies.

12 I can tell you what it does do all too

13 often to a family. Initially, a child comes in from

14 playing coughing and wheezing. The mother fears the

15 worst. She been there before, so she gives him his

16 inhaler. The next day he's still wheezing and having

17 difficulty breathing, and he tells the mother that

18 his chest continues to hurt.

19 So more Albuterol, which is a bronchial

20 dilator, but he's having greater and greater trouble

21 breathing. The medicines don't appear to work. She

22 bundles him in the car to take him to the local

23 emergency room where she watches in fear as doctors

24 work to open his inflamed and tightened airways so he

25 can breathe and breathe and live.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 73

1 There are eight to nine million children

2 with asthma in this country. Millions who live in

3 areas, such as Atlanta, with far too much sulfur

4 dioxide. Many of them live downwind of coal-fired

5 power plants or near major freeways. They have too

6 long lived with elevated levels of sulfur dioxide in

7 the air. And I might add that if you look at the

8 rise in asthma prevalence, this cannot be explained,

9 by much of it, in the increase of pollution. It's

10 not simply the awareness of physicians like myself

11 that asthma exists.

12 Multiple large epidemiological studies

13 provide compelling evidence of the harm to children.

14 In one of the larger studies, Mortimer, et al. in

15 2002, linked the sulfur dioxide concentration from

16 the previous day with an increase in morning

17 respiratory symptoms in eight urban areas. The

18 median three-hour average of sulfur dioxide levels in

19 those inner city neighborhoods ranged well below the

20 existing standards; from 17 parts per billion to 37

21 parts per billion.

22 Another more recent study looked at the

23 lung function of children living in seven of those

24 inner cities. Now, I would call your attention to

25 the fact that it's been well described that the
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 74

1 prevalence, morbidity, and mortality of asthma is

2 most acute in our inner cities characterized by the

3 northern populations.

4 O'Connor, et al., in a study done in the

5 Bronx found that children with asthma lost lung

6 function after days when they breathed higher daily

7 concentrations of sulfur dioxide.

8 Linn, et al., another study done in urban

9 New York, in metropolitan New York, looked at

10 hospital admissions with children with asthma living

11 in the Bronx in New York, in a large case control

12 study. As our hourly sulfur dioxide concentrations

13 increased, more and more children were admitted.

14 Hospitalizations began to rise at hourly

15 concentrations greater than as little as nine parts

16 per billion with a sharp increase in concentrations

17 greater than 40 parts per billion.

18 These epi studies provide strong evidence

19 that sulfur dioxide levels currently in place in the

20 United States puts children, much like my patients,

21 at risk. Children cannot be tested in clinical

22 tests, because that is unethical and would not

23 survive an institutional review board.

24 Unfortunately, in the real world, they face such

25 risks far too often.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 75

1 We need a much stronger standard. We need

2 a one-hour standard of no more than 50 parts per

3 billion set at the 99th percentile, and we need

4 continued protection of the standards currently in

5 place to remain

6 I would like to point out to you that

7 children, because of immature defense mechanisms, are

8 indeed canaries in coal mines. And it just shouldn't

9 hurt to go outside on a warm day and play, because

10 that's what children do. So I thank you, and I would

11 be glad to entertain any comments and questions you

12 have.

13 MS. RODRIGUEZ: Thank you. Mr. Harrison.

14 MR. HARRISON: Thank you. Good afternoon,

15 I am Ed Harrison. I am a volunteer and a member of

16 the board of directors for the American Lung

17 Association of the midland states. That includes

18 Tennessee, Kentucky, Ohio, and Michigan. Again, my

19 name is Ed Harrison, and I am an advocate and

20 supporter of the American Lung Association and a

21 charter board member for one of its regional

22 associations.

23 I am a marketing director by profession

24 and a resident of Chattanooga, Tennessee. More

25 importantly, I am the son, nephew, and uncle of
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 76

1 family members who have suffered or are still

2 suffering from lung disease. For years, our region

3 has struggled with the reputation of its past as a

4 hotbed for polluted air. While the most notorious

5 facets of its polluted history are long gone, there

6 is still work to be done. Part of this work is why

7 we are here today.

8 I am here, first, on behalf of the

9 American Lung Association to express its support for

10 EPA's proposal for National Ambient Air Quality

11 Standards for sulfur dioxide. In particular, the

12 creation of a new one-hour SO2 standard.

13 The standard proposed will target one-hour

14 spikes in sulfur dioxide emissions. While the Lung

15 Association has long advocated for adding a

16 five-minute standard, we believe the one-hour

17 standard is a major step forward toward protecting

18 the public health.

19 Additionally, the EPA is proposing to

20 remove the existing standards that target daily and

21 annual average levels of SO2. The Lung Association

22 recommends retention of the existing daily and annual

23 standards. That being said, I have no intention of

24 feigning expertise in sulfur dioxide emissions.

25 My secondary reason, and possibly most
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 77

1 important for being here, is to speak on behalf of

2 those who suffer from and through polluted air. For

3 most of my childhood years on through my early

4 twenties, I lived with a mother who pushed through

5 COPD.

6 It was a non-smoking related illness she

7 would share with her younger brother. They grew up

8 in Chattanooga during its manufacturing heyday. And

9 while doctors never specifically attributed the

10 effects of their illnesses to any one irritant, it

11 was pretty apparent that bad air was the major

12 culprit.

13 My uncle moved away after college for

14 cleaner air, but Mom stayed close to her parents to

15 raise me and my siblings. We were everyday witnesses

16 to her struggles with breathing and to the occasion

17 she would have to be carted off by ambulance because

18 of bad air days. She ultimately succumbed to COPD in

19 1991 at the age of 52. My uncle still fights

20 valiantly.

21 I often wonder if Mom had hung on a little

22 longer would her everyday be different now that air

23 quality has become a much more important aspect of

24 our life quality. It is good to hear that

25 Chattanooga has improved its ranking amongst the most
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 78

1 polluted cities in the nation, but it came at a cost

2 of numerous sufferers and casualties.

3 When I think about our family as it

4 relates to the SO2 emissions, I consider the families

5 living near coal-fired plants and how many of them

6 have to see a loved one and go through breathing

7 exercises every day just so they can eat. Yes, I

8 said eat. Mom couldn't eat unless she had clear

9 breathing passages.

10 How many of those living and working in

11 these communities suffer needlessly today when a

12 change in a monitoring standard could positively

13 affect their struggle and thus catapult them into a

14 brighter cleaner tomorrow?

15 I am also an uncle. One of my nephews, a

16 ten year old, has asthma. Thankfully, he doesn't

17 live near a coal-fired plant and that his asthma

18 triggers are minimal; usually only on extremely hot

19 and humid days. Others aren't so lucky. Studies

20 have shown that asthma hospitalizations in children

21 climbed as hourly sulfur dioxide concentrations

22 increased.

23 Children with asthma in these communities

24 shouldn't have to suffer additionally with a penalty

25 of staying inside simply because their families live
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 79

1 near known pollutants with inadequate monitoring. I

2 believe this for all children with asthma, just as I

3 believe it for my nephew.

4 I continue my commitment to and advocacy

5 for the issues important to the American Lung

6 Association, and I join with them in support of this

7 new measure proposed by the EPA. It is a long time

8 in coming -- 38 years. I hope that with this new

9 standard we can make today's breathing struggles much

10 clearer in a not-to-distant tomorrow. I appreciate

11 this opportunity to share our support. Thank you.

12 MS. RODRIGUEZ: Thank you. Any questions

13 from the Panel?

14 (No questions introduced by the Panel.)

15 MS. RODRIGUEZ: Thank you both. We're

16 going to take a short break, or maybe a little break,

17 until we get our next speaker here. So we'll let you

18 know.

19 (Recess from 2:44 p.m. to 3:43 p.m.)

20 MS. RODRIGUEZ: Welcome back. We're ready

21 to resume this public hearing for the National

22 Ambient Air Standards for SO2 or sulfur dioxide. We

23 have two speakers. I will ask them to come to the

24 speakers' table. Let me reread the instructions

25 here.
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 80

1 In order to be fair to everyone, we're

2 asking that you limit your testimony to five minutes

3 each and to remain at the microphone until both

4 speakers have finished. After you finish your

5 testimony, a Panel member may ask clarifying

6 questions.

7 As I mentioned before, we are transcribing

8 today's hearing, and each speaker's oral testimony

9 will become part of the official record. Be sure to

10 give a copy of any written comments to our staff at

11 the registration table so that we can put the full

12 text of your written comments into the docket for

13 you.

14 We have a timekeeping system. We will

15 flash a card when you have five minutes. We will

16 flash a card when you have one minute left to go, and

17 another card when your time is up. Please stop

18 speaking when the stop card shows up.

19 We will be here into the evening. If

20 anyone else in the audience would like to register

21 and express your opinions and your comments, you are

22 welcome to do so at the registration table outside.

23 Our Panel consists of Nealson Watkins to

24 my right with the Office of Air Quality Planning

25 Standards' and Monitoring Group, Michael Stewart at
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 81

1 the end with the Office of Air Quality Planning and

2 Standards' Ambient Standards Group. And to my left,

3 Carol Kemker with EPA's Region 4.

4 Thanks again for participating today, and

5 let me call to the speakers' table Mary Carr Bendeck

6 and Allison Amyx. Ms. Carr Bendeck.

7 MS. BENDECK: Good afternoon. My name is

8 Mary Bendeck, and I am the renewable energy

9 coordinator for the Southern Alliance for Clean

10 Energy, a regional nonprofit organization that

11 promotes responsible energy choices that ensure

12 clean, safe, and healthy communities throughout the

13 Southeast.

14 I am here today representing the interests

15 and concerns of our members in the eight southeast

16 states that we cover including, but not limited to,

17 Georgia, Tennessee, North Carolina, South Carolina,

18 and Florida.

19 We would like to thank the EPA for

20 providing the opportunity today to comment on the

21 proposed new sulfur dioxide rules that would tighten

22 controls in order to protect public health.

23 In the United States, coal-fire power

24 plants are the largest single source of SO2

25 emissions. Coal naturally contains sulphur that
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 82

1 combines with oxygen when burned to produce SO2.

2 Sulfur dioxide can cause significant health problems

3 to the upper respiratory systems, especially in areas

4 near where coal plants or industrial facilities are

5 located. In addition, sulfur dioxide also

6 contributes to acid rain, which can cause damage to

7 fish and other aquatic species, soil, and vegetation.

8 We agree with EPA and the Clear Air

9 Scientific Advisory Committee that the current rules

10 established in 1971 do not adequately protect public

11 health. We support the one-hour standard of 50 parts

12 per billion, the most stringent standard proposed to

13 date. According to the American Lung Association,

14 limiting SO2 emissions to 50 parts per billion would

15 reduce SO2 emissions by a million tons per year and

16 could save between 4,700 to 12,000 premature deaths

17 each year by 2020.

18 We also support the proposed installation

19 of additional monitors in areas likely to have the

20 highest short-term concentrations of SO2. However,

21 we would like to see more than the proposed amount of

22 348 monitors installed given that the number of

23 emissions sources with high short-term concentrations

24 is in the thousands.

25 For example, according to EPA, Category 3
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 83

1 ships traveling in and around the Savannah port were

2 responsible for almost 2200 tons of SO2 in 2002. The

3 contribution of SO2 from the mobile sources at the

4 port will need to be monitored given that they are

5 likely to place Savannah, in Chatham County, in

6 non-attainment for the new proposed standards, and

7 attainment strategies will need to be implemented.

8 Based on current EPA estimates, Fulton

9 County would also fail to meet the one-hour standard,

10 and additional monitors would be necessary in the

11 area to identify sources of SO2 and appropriate

12 implementation strategies.

13 The proposed one-hour rule, in combination

14 with additional monitor testing, would encourage the

15 utility industry to install more protective SO2

16 pollution control equipment on existing coal-burning

17 facilities. Although a number of coal plants have

18 installed more protective SO2 pollution control

19 technologies, there are still many in the Southeast

20 that have not, including smaller units at Crystal

21 River Energy Complex in Florida, several Duke Energy

22 facilities in North Carolina, and the John Sevier

23 Fossil Plant in Tennessee, to name a few.

24 These units and others like them would be

25 affected by the stronger rule, which would result in
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 84

1 reduced emissions and better public health in the

2 areas affected by the plants. The new rules would

3 also encourage utilities to explore alternatives to

4 future coal investments, drive retirement of older,

5 less efficient coal facilities, and generally move

6 investment away from high-polluting technologies,

7 which would provide additional air and water quality

8 benefits in synergistic, more efficient ways beyond

9 what this rule would require.

10 In addition, we support the retention of

11 the current daily and annual average standards to

12 avoid disruption of ongoing clean air programs.

13 By implementing the new one-hour

14 standards, providing a more significant monitoring

15 program, and retaining the current standards, EPA

16 will yield significant health cost benefits that will

17 save thousands of lives and provide clean air for

18 future generations. Thank you.

19 MS. RODRIGUEZ: Ms. Amyx.

20 MS. AMYX: Hi. My name is Allison Amyx.

21 I'm a student at Emory University's Candler School of

22 Theology, and I'm here as a private citizen to voice

23 my support for revisions of the National Ambient Air

24 Quality Standards that set an hourly standard of

25 50 parts per billion for sulfur dioxide.
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 85

1 Now, by now you've probably heard more

2 than enough to convince you that sulfur dioxide isn't

3 good for us. We all know that. At least, that's

4 what I hope people have been saying. The American

5 Lung Association tells us that short-term exposure to

6 sulfur dioxide can cause a number of respiratory

7 health problems, especially for children, people over

8 65, and people with asthma.

9 Limiting sulfur dioxide emissions will

10 benefit those who suffer from these respiratory

11 problems and also save us billions of dollars in

12 healthcare costs spent on emergency room visits and

13 hospital admissions.

14 Now, I admit I'm someone who has always

15 taken clean air for granted. I grew up in a small

16 Georgia town under a big blue sky, and I've never had

17 problems with asthma. And even though I now live in

18 Atlanta, which was recently named by Forbes as the

19 country's most toxic city, I don't have to worry

20 about checking air quality levels before I leave the

21 house each day.

22 I go about my daily life without

23 acknowledging the gift of air that is, in this case,

24 clean enough. Unfortunately, millions of people

25 living with respiratory problems in the United States
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 86

1 are not so lucky.

2 I'm here today hoping to remind us all

3 that the difference between 50 or 100 or 150 parts

4 per billion is more than a number. This is a

5 decision that you'll be able to make. It will be one

6 that will affect the daily lives of children and

7 adults across the country, like the children growing

8 up next to power plants who are falling behind in

9 school because of health problems or the ones who

10 can't play outside with their friends without

11 worrying about having asthma attacks.

12 Hearing these stories reminds us that

13 limiting sulfur dioxide pollution is not only an

14 environmental issue, and it's not only a public

15 health concern; it's also a moral issue. As a person

16 of faith, I believe that we are called to care for

17 the most vulnerable members of our society, like the

18 children and older adults who are most affected by

19 short-term exposure to these pollutants.

20 I also believe that we have a moral

21 obligation to ensure that all citizens have access to

22 clean air, which is a gift from God and an essential

23 part of our biosphere, which is designed specifically

24 to support human life.

25 In conclusion, I would like to ask you,
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 87

1 the body that's entrusted with protecting public

2 health and the environment, to not take this

3 responsibility lightly. We can no longer afford to

4 take clean air for granted. I urge you today to set

5 hourly standards, as recommended by the American Lung

6 Association, of 50 parts per billion on sulfur

7 dioxide emissions to ensure that all citizens have

8 access to clean air and to preserve the quality of

9 our earth's natural resources for generations to

10 come. Thank you.

11 MS. RODRIGUEZ: Thank you. Does the Panel

12 have any questions?

13 (No questions introduced by the Panel.)

14 MS. RODRIGUEZ: Thank you very much. We

15 will continue to take another break again, since we

16 have another registered speaker that's coming. Thank

17 you.

18 (Recess from 3:53 p.m. to 4:00 p.m.)

19 MS. RODRIGUEZ: Good afternoon again.

20 We're going to proceed with another speaker,

21 Mr. Imran Battla. We ask that you come to the

22 speakers' table. You will have five minutes. We

23 will approach you as to how long you have left, and

24 thank you for being here.

25 MR. BATTLA: Good afternoon. My name is
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 88

1 Imran Battla, and I'm here on behalf of Sustainable

2 Atlanta. Sustainable Atlanta, we serve as a

3 catalyst, consultant, and facilitator to help develop

4 and promote sustainable progress here in the City of

5 Atlanta as well as across the nation working with

6 other cities such as Cleveland and New York City as

7 well.

8 We serve to help with community local

9 business leaders and government officials, and also

10 nonprofits in the area to develop consensus-based

11 sustainability policy and programs. And we use our

12 expertise to identify best practices and resources

13 that help make Atlanta and the citizens more

14 bottom-line efficient to become more environmentally

15 responsible and more competitive when attracting

16 employers and jobs.

17 We have instituted a number of working

18 groups around the issues of sustainability involving

19 sustainable buildings, recycling, energy, and

20 environmental health. And as such, we invite

21 interested parties to visit our website and get

22 involved with ongoing discussions here within the

23 metro Atlanta region with respect to our strategic

24 initiatives.

25 Our website address is
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 89

1 www.sustainableAtlanta.org. As part of our

2 organization's commitment, we strongly believe and

3 advocate for environmental equity and justice, and to

4 ensure that it doesn't leave out with regards to

5 race, religion, and income, and to have people be

6 able to demonstrate capacity, and the Agency to be

7 involved with its decision-making processes that

8 affects them.

9 So we really appreciate the opportunity to

10 speak here today and appreciate the EPA to grant this

11 hearing. And we encourage the EPA to grant more

12 hearings for this. So thank you for the opportunity

13 to allow us to speak.

14 MS. RODRIGUEZ: Thank you. Let me see if

15 the Panel has any questions for you. Any questions?

16 (No questions introduced by the Panel.)

17 MS. RODRIGUEZ: Thank you very much. I

18 think we'll take another recess. We have one more

19 registered speaker, but it's for later on tonight at

20 6:00.

21 (Recess from 4:03 p.m. to 6:08 p.m.)

22 MS. RODRIGUEZ: Good evening. Thank you

23 for attending the Environmental Protection Agency's

24 public hearing on the National Ambient Air Quality

25 Standards for sulphur dioxide. I would like to
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 90

1 invite you to come to the speakers' table and tell

2 you that the way the hearing works is that you will

3 have five minutes to do your presentation. Please

4 identify yourself and your affiliation. Please speak

5 into the microphone. Spell your name, if necessary,

6 for our court reporter to be able to spell it

7 correctly.

8 We have a timekeeping system. We'll let

9 you know when you have one minute to go and when to

10 stop, and thank you for being here, Dr. Burt Lesnick.

11 DR. LESNICK: Thank you. My name is Burt

12 Lesnick, and I'm here today to present the comments

13 of the American Thoracic Society. The American

14 Thoracic Society is a 15,000 member professional

15 society dedicated to the prevention, detection, cure,

16 and research of respiratory and sleep-related

17 disorders.

18 Our members conduct research on the health

19 effects of air pollution as well as treat patients

20 whose respiratory diseases are adversely affected by

21 air pollution. The journals of the American Thoracic

22 Society also publish key basic and epidemiology

23 studies on the health effects of air pollution. For

24 these reasons, the American Thoracic Society has a

25 compelling interest in the National Ambient Air
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 91

1 Quality Standards issued by the EPA.

2 Sulfur dioxide is an important pollutant

3 in the US and warrants attention by the EPA. The

4 current standard first established in 1971 fails to

5 protect the public from the adverse health effects of

6 sulfur dioxide exposure and, therefore, a stricter

7 standard is needed.

8 Our understanding of the health effects of

9 sulphur dioxide is more comprehensive than when the

10 standard was first established. Clinical and

11 epidemiologic studies demonstrate adverse health

12 effects from exposure to sulfur dioxide

13 concentrations below the current EPA standard of 140

14 parts per billion.

15 EPA staff has concluded in the sulphur

16 dioxide Integrated Scientific Assessment that there

17 is a causal link between sulfur dioxide exposure and

18 reduced lung function. Clinical studies have shown

19 increased respiratory symptoms in healthy individuals

20 from 15-minute exposure to sulfur dioxide

21 concentrations at 200 parts per billion, and patients

22 with asthma experience symptoms from exposure to a

23 hundred parts per billion during exercise.

24 Epidemiology research has linked sulphur

25 dioxide exposure to worsening asthma and reduced lung
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 92

1 function and other respiratory symptoms. In a large

2 multi-city study, Mortimer and colleagues documented

3 morning respiratory systems in eight urban areas

4 where the median three-hour average sulphur dioxide

5 levels range from 17 ppb to 37 part per billion.

6 O'Connor and colleagues showed decreased lung

7 function in inner city children with asthma who are

8 exposed to higher concentrations of sulfur dioxide.

9 Present-day concentrations of sulfur

10 dioxide are also implicated in increased emergency

11 department visits and hospitalizations for

12 respiratory causes among children and older adults.

13 Today an estimated 22 million Americans

14 have asthma including six million children. Because

15 of the burden of asthma in the US, even modest

16 changes in asthma, worsened by ambient exposure to

17 sulfur dioxide, will have major health public health

18 implications in the US.

19 For these reasons, we support EPA's

20 proposal to revise the NAAQS for sulfur dioxide and

21 offer the following specific comments:

22 Number one, we support the creation of an

23 hourly standard. The ATS supports EPA's proposal to

24 create a new hourly standard to protect the public

25 from the known health effects caused by short-term
d679ea39-09c5-4695-8495-253ed14d431b

In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 93

1 exposure to sulfur dioxide. Th ATS recommends EPA

2 establish a new hourly standard of 50 ppb at the 99th

3 percentile. Issuing a new hourly standard at the

4 lower end of the proposed range will more effectively

5 protect the public, including vulnerable populations,

6 from the effects of short-term exposure to sulfur

7 dioxide.

8 Number two, sulfur dioxide monitoring

9 network: The ATS recommends the EPA augment the

10 existing regional monitoring network of air pollution

11 monitors with source monitors to more fully measure

12 and map exposures to air pollution.

13 Currently, the EPA air monitoring network

14 relies on a strategy of collecting regional values

15 and using complicated formulas to derive source

16 exposure levels. We recommend the EPA create a

17 network for monitors to capture sulfur dioxide -- and

18 other pollutants -- source exposures to compliment

19 the existing regional monitoring network. Collecting

20 regional and hotspot data will improve our ability to

21 understand the effects of and protect the public from

22 exposure to air pollution.

23 We hope these comments are helpful and

24 look forward to working with the EPA to improve the

25 nations's health by improving the air we breathe.
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 94

1 Thank you.

2 MS. RODRIGUEZ: Thank you. Let me see if

3 the Panel has any questions for you. Carol?

4 MS. KEMKER: No.

5 MS. RODRIGUEZ: Michael?

6 MR. STEWART: No.

7 MS. RODRIGUEZ: Nealson?

8 MR. WATKINS: No.

9 MS. RODRIGUEZ: Thanks.

10 DR. LESNICK: I prepared written

11 testimony. Would you like that?

12 MS. RODRIGUEZ: We'll take it. Thank you.

13 (Recess from 6:12 p.m. to 7:00 p.m.)

14 MS. KEMKER: It's 7:00 p.m., and the

15 hearing is closed.

16 (Hearing concluded at 7:00 p.m.)

17

18

19

20

21

22

23

24

25
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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 95

1 C E R T I F I C A T E

2

3 STATE OF GEORGIA:

4 COUNTY OF FULTON:

5

6 I hereby certify that the foregoing

7 proceedings were taken down, as stated in the

8 caption, and reduced to typewriting under my

9 direction, and that the foregoing pages 1

10 through 94 represent a true, complete, and

11 correct transcript of said proceedings.

12 This, the 5th day of January, 2010.

13

14

15

16 YOLANDA R. NARCISSE, CCR-B-2445

17

18

19

20

21

22

23

24

25
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 96

A

abatement 12:8

ability 63:22 93:20

able 10:20,23 11:4

12:12 27:9 55:2

57:8 64:6 65:12

71:15 86:5 89:6

90:6

Absolutely 57:9

abuse 58:8

accept 37:6

accepting 6:4 68:10

access 23:8 62:12

86:21 87:8

accessible 40:13

accommodate 7:15

65:12 69:19

accompanies 26:3

accomplished 16:1

account 14:15

39:20 53:21

accurate 62:20

achieved 45:17

60:20

acid 21:15 52:20

82:6

acknowledge 15:11

49:6

acknowledged 7:5

69:10

acknowledges 45:9

acknowledging

85:23

acquainted 71:19

acquire 58:23

acres 52:18

Act 12:9 15:21

21:16 28:4 33:9

34:11 53:18

acting 8:7

action 33:14

active 11:19

actual 71:13

acute 25:3 38:7

48:9 74:2

add 35:24 36:8

73:7

added 70:25

adding 76:15

addition 15:20

19:17 20:6 25:21

30:11 55:20 82:5

84:10

additional 13:24

31:15 32:8 58:1

59:17 82:19 83:10

83:14 84:7

additionally 42:13

58:18 76:19 78:24

address 14:6 16:9

26:10 30:16 37:3

37:19 41:23 62:18

88:25

addressed 46:13

adequate 5:5 15:19

26:4 28:3 33:12

67:12

adequately 82:10

adjustments 7:18

Administrator

5:19 17:9 58:5,12

67:25

admissions 23:18

24:25 74:10 85:13

admit 51:9 85:14

admitted 35:12

74:13

adolescents 71:6

adopt 34:6 36:12

adopted 15:6 29:25

adult 10:24

adults 10:18,25

29:18 86:7,18

92:12

adverse 9:12 17:15

17:17 18:1,2 19:2

23:4 24:13,17

91:5,11

adversely 71:14

90:20

advice 58:12

Advisory 8:17 28:1

34:2,9 82:9

advocacy 79:4

advocate 75:19

89:3

advocated 22:15

76:15

aerial 54:25

Affairs 2:18 11:17

affect 5:21 68:2

78:13 86:6

affiliation 6:11

16:24 68:18 90:4

afford 41:2 87:3

afternoon 66:6

67:3 75:14 81:7

87:19,25

afternoon's 68:16

age 28:23 71:12

77:19

agencies 30:16

agency 1:1 2:4,7,8

4:2 33:16 42:19

42:21 43:21,25

45:16 60:4 61:6

63:24 89:6

Agency's 45:23

66:8 89:23

agent 40:11

ago 21:9

agree 49:11 82:8

agreed 33:20

agreeing 49:9

agrees 33:25

air 1:4 2:6,10,11,12

3:1 4:10,13,25

7:24,25 8:2,17

9:21,22 10:15,23

10:25 11:3,9,23

12:8,9,17 13:8,12

14:10,14 15:12,21

21:10,16 22:24

23:5,7 25:5,8

27:23 28:4,5,8

29:23 30:1 32:23

33:3,5,7,9,9,13

34:2,9,11 35:13

38:8,17 39:2

41:14 42:18,19,23

44:1,1,10 50:11

50:17 51:9,10

53:17 54:21,24

55:3 57:13 58:17

59:8,11 60:2,7,11

60:19 62:5 66:16

66:19 67:7 69:25

70:1,3,23 71:15

71:17 73:7 76:4

76:10 77:2,11,14

77:18,22 79:22

80:24 81:1 82:8

84:7,12,17,23

85:15,20,23 86:22

87:4,8 89:24

90:19,21,23,25

93:10,12,13,22,25

airway 22:11 72:8

airways 9:13 10:13

38:18 72:10,24

al 18:18 19:7,25

73:14 74:4,8

ALA 37:3

Albuterol 72:19

allergic 38:20

Alliance 2:15 81:9

Allison 2:13 81:6

84:20

allot 64:24

allotted 58:19

allow 89:13

allowed 21:16

57:23

allowing 61:7

alluded 26:24

alternative 37:10

37:13,17

alternatives 84:3

ambient 1:4 2:10

2:12 4:13 5:16

8:3 13:12 25:8

33:5 42:14,20

43:5,25 44:10

45:20 58:17 59:8

59:11 60:2,19

62:5 66:19 67:22

70:1,4,23 76:10

79:22 81:2 84:23

89:24 90:25 92:16

ambulance 77:17

Amdur 22:9

Amendments

21:16

America 51:16

American 2:18,19

2:22,22,24 3:2 8:8

16:23 17:24 21:8

22:14 23:10 32:17

32:20,22,24 33:25

36:11 49:11 70:15

70:19 71:21 75:16

75:20 76:9 79:5

82:13 85:4 87:5

90:13,13,21,24

Americans 36:14

92:13

amount 53:24

57:20 62:7,15

82:21

Amyx 2:13 81:6

84:19,20,20

analysis 16:9,10

20:15 26:17 37:4

43:15 44:17

and/or 17:22

anecdotally 52:4

angle 13:14

Anne 2:23 8:7,11

Annie 2:23 38:1

41:12

annual 5:7,10 17:5

21:11 28:11 34:20

35:3 42:10,14

49:12,13 67:14,17

71:1 76:21,22
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 97

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Appeals 23:12

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APPEARANCES

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application 18:8

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appointment 40:24

appreciably 19:16

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approach 64:17

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appropriate 20:14

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approximately

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aquatic 82:7

area 3:2 6:6 27:14

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arguing 22:19

arrive 8:20

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asked 42:3

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Associates 2:21

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association 2:22,24

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asthma 9:15,18

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asthmatic 18:6

asthmatics 17:13

19:21,23 20:1,3

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ATI 17:3

Atlanta 1:18 2:14

7:23 14:21 51:14

70:13,18 71:18,21

72:4 73:3 85:18

88:2,2,5,13,23

Atlanta-based 38:5

atmosphere 14:10

14:25

ATS 92:23 93:1,9

attacks 25:3 28:18

35:10 86:11

attain 45:9

attaining 44:20,23

attainment 44:1,12

45:1,13,14 48:22

48:24 49:7 54:14

56:19,25 83:7

attending 4:2 66:8

89:23

attention 31:7

73:24 91:3

attracting 88:15

attributable 18:2

55:4

attributed 42:21

77:9

Auburn 52:22

audience 80:20

augment 93:9

authorities 60:24

Authority 31:10

available 6:3,6

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41:21 44:14 68:9

68:12

average 5:9 13:14

21:11 25:24 42:13

67:16 71:1 73:18

76:21 84:11 92:4

avoid 21:17 84:12

aware 52:19 55:10

awareness 40:15

73:10

a.m 1:13 66:4

B

B 12:4

back 66:1 79:20

backlog 62:15

bacterial 71:8

bad 77:11,18

Balmes 22:8

base 53:19

based 4:25 5:8

15:22 17:8,11,23

25:23 53:19 55:17

67:7,15 83:8

baseline 19:8,10,14

19:17

basic 90:22

basically 54:6

basis 14:7,23 15:2

41:20 50:2

Battla 2:14 87:21

87:25 88:1

began 74:14

Beginning 22:1

behalf 2:3 17:3

36:11 41:14 51:1

76:8 77:1 88:1

behavioral 71:25

believe 22:23 23:2

27:12 35:22 50:24

52:10 58:20 76:16

79:2,3 86:16,20

89:2

benchmark 20:20

Bendeck 2:15 81:5

81:6,7,8

beneficial 19:4

27:11

benefit 10:25 21:2

32:5 45:19 85:10

benefits 15:23

30:17 44:18,22,25

45:6,7,16 46:18

50:11 53:18 60:20

61:3 84:8,16

best 30:21 31:4

45:23 88:12

Bethel 19:7

better 16:15 60:25

61:3 63:23 65:12

71:3,11 84:1

beyond 84:8

big 41:5,8 52:5

85:16

billion 5:14 8:19

10:3 11:13 12:3,4

12:7 17:8 21:3

24:10,14,22 27:2

27:3 28:10 34:7

35:17 36:10 45:2

49:10 51:7 67:20

70:24 73:20,21

74:16,17 75:3

82:12,14 84:25

86:4 87:6 91:14

91:21,23 92:5

billions 85:11

biosphere 86:23

birth 10:11 39:16

39:16

bit 51:11 52:21

Blair 2:16 47:3,3,4

47:5 53:17 54:1

55:10,13 56:10

57:5,9

blood 9:25 40:6,12

bloodstream 38:17

blows 49:19

blue 85:16

board 2:21 74:23

75:16,21

body 39:3 87:1

boilers 30:9
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 98

bottom-line 88:14

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Boushey 22:8

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brief 28:17 41:25

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brighter 78:14

bring 45:12

broadly 58:8

bronchial 72:19

bronchitis 25:3

bronchoconstrict...

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bronchopulmona...

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Bronx 74:5,11

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Brown 2:16 57:11

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buildings 88:19

built 11:1 21:13

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bundles 72:22

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burners 52:4,11

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bursts 22:10

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bus 21:25

buses 12:12

business 58:16 88:9

buying 21:17

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C 95:1,1

CAIR 50:7,8 54:19

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calculated 47:20

calculations 45:19

California 15:6

call 6:9 8:6 16:21

27:19 37:25 46:24

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called 47:5 86:16

calling 70:8

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Cambridge 2:19

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canaries 75:8

Candler 2:13 84:21

capacity 89:6

caption 95:8

capture 93:17

car 72:22

carcinogens 38:11

card 80:15,16,17

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cardiac 9:19

cards 7:2 69:7

care 72:1 86:16

career 55:2

Carol 2:7 69:23

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Carolina 2:17 3:2

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Carr 2:15 81:5,6

carries 29:9

cars 12:11,25

carted 77:17

CASAC 8:19 11:12

CASAC's 17:8

case 16:10 25:7

43:15 54:4 74:11

85:23

cases 29:20 62:22

casualties 78:2

catalyst 88:3

catapult 78:13

catch 32:8,13

Category 82:25

causal 18:16 91:17

cause 10:7 22:10

38:18 39:23,25

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caused 39:20 92:25

causes 9:12,24

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causing 40:5 50:19

CCR-B-2445 1:21

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central 51:19

certain 55:21

certainly 46:7 49:9

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56:2,10 57:3

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certify 95:6

CHAIR 2:4

chairing 4:11 66:16

chairman 3:3

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challenged 23:10

chamber 24:12,15

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change 8:17 19:15

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32:6 63:16 64:10

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changes 5:16,21,23

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19:5 63:4 67:22

68:2,4 71:25

92:16

Chapter 50:23

characterization

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characterized 74:2

Charles 3:2 27:19

32:15

charter 75:21

Chatham 30:12

83:5

Chattanooga 75:24

77:8,25

checking 85:20

chemical 8:24

chemicals 12:20

chest 70:19 72:18

child 39:24,25

40:22 48:11 72:13

childhood 77:3

children 10:12,14

10:19,20,20,23

11:3,4,7 28:19,23

28:24 29:1,2,4

34:15 36:6,14

39:1,8,22 40:3

71:5,19,25 72:6

73:1,13,23 74:5

74:10,13,20,21

75:7,10 78:20,23

79:2 85:7 86:6,7

86:18 92:7,12,14

choice 10:24

choices 81:11

choose 10:20,25

chronic 23:1

Cindy 46:11

Circuit 50:8

cited 16:11 42:20

cities 10:5 73:24

74:2 78:1 88:6

citizen 2:23 8:8

84:22

citizens 86:21 87:7

88:13

city 52:5 73:19

85:19 88:4,6 92:7

clangworthy@h...

46:11

clarify 4:18 26:22

66:24

clarifying 6:18

68:24 80:5

clean 2:15 3:1 8:16

10:22 12:9 15:20

21:16 22:24 27:23

28:4,5 33:9,9 34:2

34:9,11 50:11

53:17 55:1 81:9

81:12 84:12,17

85:15,24 86:22

87:4,8

cleaned 50:18

cleaner 11:23

12:10,10,11,24

13:1 15:12,15

29:23 30:2 31:25

54:21,24 77:14

78:14

Cleaning 4:10

clear 14:5 36:2,2

60:22 78:8 82:8

clearcut 52:18

clearer 79:10

Cleveland 88:6

Clifty 50:5

climbed 78:21

clinical 14:8 16:11

17:12,16 18:1,8

19:20 20:5,6,15

20:18 74:21 91:10

91:18

clinically 17:17,25

18:4,24 19:2

20:16

clinics 40:8

close 77:14

closed 94:15

closely 61:23
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 99

closest 52:4

closing 15:10 20:14

61:6

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coal-burning 83:16

coal-fire 48:17

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coal-fired 30:3,6

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coal-powered

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coast 31:16

cold 14:20 39:22

collaborative 61:13

colleagues 92:2,6

collected 19:10

collecting 93:14,19

collective 52:18

collectively 39:5

college 70:19 77:13

combination 83:13

combines 82:1

come 15:4,13 26:15

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comedy 14:22

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comments 4:12,20

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commitment 58:13

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committee 3:3 8:17

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commonly 14:18

commonsense 61:5

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community 34:14

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comparisons 18:12

compelling 73:13

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competitive 88:15

complete 39:9

95:10

complex 11:6 83:21

complicated 93:15

compliment 93:18

composite 42:13

compounds 9:5,7

comprehensive

44:3 91:9

concentration

20:21 21:12 42:14

43:7,9 56:7,11

73:15

concentrations

5:11 14:4 20:2

23:16 25:13,16,18

25:23 27:16 28:17

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concern 20:21

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concerning 58:4

concerns 58:9 63:1

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concluded 17:24

43:18 91:15 94:16

conclusion 34:1

46:8 86:25

condition 22:5

conditions 21:23

conduct 18:11

90:18

conducted 18:18

19:23

conducting 58:6

Conference 1:17

confirms 44:18

confluence 56:4

consecutive 19:11

consensus-based

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consent 5:18 48:6

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consider 48:25

58:12 61:9 63:11

78:4

considerable 61:16

consideration

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considered 15:3

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45:11 54:12 56:3

56:8,17,18,22

63:7

considering 5:23

46:19 68:4

consistent 5:18

20:13 67:24

consistently 44:10

consisting 7:2

consists 69:7 80:23

constant 35:1

constraints 64:3

constrict 72:10

construction 50:9

consultant 2:14,24

88:3

Consulting 2:19

17:2

contact 9:3 38:14

contain 13:19

contains 81:25

content 13:25

continue 12:22

13:2 16:1 42:9,23

42:25 79:4 87:15

continued 61:21

75:4

continues 72:18

continuing 22:1

contrast 24:20

contribute 10:10

contributes 82:6

contributing 31:2

56:6

contribution 83:3

control 2:17 11:7

21:15 23:2 30:22

31:4 34:21 39:21

42:22 45:12 57:15

74:11 83:16,18

controlled 14:7

22:3

controlling 23:20

controls 21:17 30:3

51:22 53:7 55:5

81:22

convince 85:2

coordination 60:25

coordinator 2:15

81:9

COPD 23:1 77:5,18

copy 6:21 44:16

69:4 80:10

Core 55:17

correct 15:24 95:11

correctly 90:7

cost 15:23 29:12,13

29:14 44:20,24

45:2,5 53:18 78:1

84:16

costs 29:9 46:18

52:12,13 85:12

cough 35:8 39:22

coughing 10:1

72:14

Counsel 2:9 7:22

counter 40:4

counterpart 48:14

counties 30:24

45:11 56:17,18

country 21:19

34:25 41:4 73:2

86:7

country's 45:23

85:19

county 30:12 43:18

45:12 48:12 51:23

51:24 83:5,9 95:4

couple 6:16

course 52:13 54:2

court 6:12 8:6

23:12,12 33:20

64:19 68:19 70:4

90:6

court-ordered 62:6

cover 81:16
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 100

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co-authored 71:20

cranes 31:12

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creating 30:9

creation 76:12

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credits 21:18

Creek 50:5

criteria 5:1 12:17

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critical 33:6 35:3

crucial 25:22

Crystal 83:20

culprit 77:12

cure 90:15

current 5:7 15:14

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cynically 22:19

cystic 71:8

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dangerous 35:7

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date 82:13

day 7:18 14:20

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daycare 40:21,22

days 19:11 29:15

40:21 43:7,8 55:1

58:16,19 74:6

77:18 78:19

DC 50:8

de 21:1

deadline 58:3 62:6

deadlines 62:21,24

deadly 35:14

deal 48:21

Dean 22:7

death 29:19 39:15

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deaths 24:23 35:20

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debate 4:20 67:1

debilitating 10:7

Deborah 2:24

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decade 23:14

decades 42:8

December 4:24

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decide 63:17

decided 50:9

decision 34:23 86:5

decision-making

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decline 42:17 43:1

declined 25:10

decrease 13:13

decreased 9:13

12:21 13:9 18:19

42:11,14,25 92:6

decreases 17:23

38:24

decreasing 35:14

42:7

decree 5:19 48:6

50:14 62:21 67:24

decrements 17:20

18:14,25

dedicated 90:15

deepening 31:13

defense 23:3 75:7

defines 17:19

definitively 22:9

delay 53:4 62:13

deliberately 24:15

deliver 58:24

demand 49:2 53:23

54:3,4

demanding 24:16

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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 101

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Evansville 47:16
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 102

evening 7:10 69:14

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full 6:23 69:6 80:11

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Fulton 83:8 95:4
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 103

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hospital 14:24

23:18 24:25 34:18

35:12 74:10 85:13

hospitalizations

29:11 74:14 78:20
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 104

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Issuing 93:3

J

J 2:18 3:2

Jackson 58:6
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 105

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Managing 29:6

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manufacturing

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marine 31:24

Mark 3:3 47:3

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marketing 75:23

Mary 2:15 22:9

81:5,8

matter 1:3 34:24
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 106

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Narcisse 1:21 8:6

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necessarily 19:1

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need 5:23 7:17 9:21

11:23 14:1,5,6

27:13 31:15 34:13
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 107

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outdoor 10:15,17

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Outreach 2:17

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outweighs 44:21

overmedicating

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overturned 50:8

overwhelming

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oxides 5:1,2 67:8,9

oxygen 8:24 9:21

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ozone 8:25 52:23

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O'Connor 74:4

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P

page 46:3

pages 95:9

pairs 6:10 68:17

Panel 2:7 4:17 6:17

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part 6:3,20 11:22

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particularly 21:22

48:24

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partner 61:2

partnership 27:23

partnerships 61:20

parts 5:14 8:18

10:2 11:13 13:19

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24:21 27:2,3

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73:20,21 74:15,17

75:2 82:11,14

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passages 78:9

path 65:5

patience 7:16 69:20

patients 70:22 71:5

74:20 90:19 91:21

paycheck 53:3,4

PC 2:21

peak 25:18,22

27:15
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 108

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plea 38:5

please 6:10,21 7:4

7:13 11:21 44:15

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plumes 22:20 35:1

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pneumonia 71:8

point 26:23 27:14

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pointed 31:23

points 11:21

poisoning 39:24

40:1

policies 65:20

policy 16:3 88:11

pollutant 38:8,18

91:2

pollutants 12:17

23:20 38:12 40:15

50:18 52:3 79:1

86:19 93:18

polluted 10:22,25

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polluters 22:24

pollution 10:15

11:9 12:8 21:17

21:21,24 22:4

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32:3 33:9 34:17

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71:3,15,17,19,23

72:2 73:9 83:16

83:18 86:13 90:19

90:21,23 93:10,12

93:22

population 11:8

populations 24:19

28:4 74:3 93:5

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port 13:23 30:13

31:9,9,11,12,22

32:2 83:1,4

portion 5:25 68:6

ports 21:25

posed 37:17

position 32:22

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positions 26:9

positively 78:12

possibility 31:25

possible 44:18 58:8

possibly 24:11

76:25

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post-exposure

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potential 44:25

45:3

pounds 48:7

power 9:9 12:23

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30:6,9 32:10 35:2

42:17 47:11,12,12

47:23 48:17 49:23

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50:13,14 51:17

53:23 56:12 73:5

81:23 86:8

ppb 5:15 14:11,12

14:17 15:7,9,18

17:10,16 18:3,7

18:20,25 19:6

20:17,19,24,25

24:9,24,24 25:1,4

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87:20

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process 11:20

22:19 40:19 57:18

58:10 59:24 61:11

63:8,8 65:17

processes 31:24
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 109

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produce 82:1

production 9:9

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R

R 1:21 95:1,16

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82:6

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recession 48:25

49:1,5 53:21,23

55:4

recognize 4:4 33:6

35:4 65:2 66:10
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 110

recommend 34:6

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83:21

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57:13

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50:12,13

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36:16 37:1,23,25

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role 33:6

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25:23

room 1:17 9:21,22

25:1 29:19 72:23
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 111

85:12

Rosalina 2:5 4:7

66:13

roughly 29:3

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safety 5:5 15:19

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33:20 34:7 36:3,9

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seven 27:2 36:6

55:19 56:14 73:23

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79:16

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32:11

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52:16

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69:12

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65:25 66:2

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17:14 18:1,24

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60:8 82:2 84:14

84:16

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34:22 71:10 72:2

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single 81:24

single-pollutant

20:12

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sites 41:20

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situations 14:19

six 12:16 24:22

27:23 92:14

skewed 54:15

skin 38:15

sky 85:16

sleep-related 90:16

slightly 58:18

small 14:12,13 18:5

18:25 56:25 65:3

85:15

smaller 83:20

smelter 21:22

societal 15:23

society 2:22 12:2

17:24 23:7 70:17

86:17 90:13,14,15

90:22,24

soil 82:7

solely 15:21

solicit 57:19

solicits 5:14 67:20

solution 31:8

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somewhat 51:14

son 75:25

soon 66:2

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sort 47:25 52:25

source 21:14 43:22

50:6 60:14 81:24

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sources 21:17 23:8

25:18 27:13,14,14

33:20 35:25 50:3

82:23 83:3,11

South 2:17 32:19

57:14 60:10 61:23

63:1 81:17

southeast 52:22

81:13,15 83:19

southern 2:15 49:2

81:9

southwest 1:17

51:23

southwestern

48:16

SOx 9:5

SO2 4:4 5:3,8,17,22

8:15 9:1,3,12,23
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 112

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90:4

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42:16 51:6 54:7

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specifics 27:9

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spikes 21:21 28:17

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59:5,18 60:10,23

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standard 5:8,13,15

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11:12,24 14:2,7

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17:10 20:8,23

21:20 22:16 23:11

23:22,25 24:1,5,6

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25:1,4,5,6 26:1

27:1,2 28:2 29:22

30:15 31:6 32:1

33:16 34:3,5,6,8

34:13,20 35:17

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4:14 5:7 7:25 8:3

8:3 9:6 11:2,10

15:5,15 21:11,12

24:17 26:1,4,24

27:1 28:11 30:25

32:23 33:6,7,8,11

35:3 37:5 38:6

44:13,21 45:4,15

51:5 57:17 60:2,9

60:19 61:9 63:3

66:16,19 67:14,15

70:1,4,4 71:1

73:20 75:4 76:11

76:20,23 79:22

80:25 81:2,2 83:6

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87:5 89:25 91:1

start 16:25

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startup 21:23

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state 6:10 16:24

29:4 41:1 47:19

48:16,17 51:10

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68:13
In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 113

subpopulation

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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 114

48:12,18

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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 115

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In The Matter Of: National Ambient Air Quality Standards, et al.

Public Hearing January 5, 2010

HUSEBY, INC. - 555 North Point Center, E., #403, Alpharetta, GA 30022 (404) 875-0400

REPORTED BY: Yolanda R. Narcisse, CCR-B-2445 www.huseby.com

Page 116

500 13:21 25:11

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