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### Environmental Protection Agency 1

2

3


### Clean Power Plan 4 

### Proposed Federal Plan and Model Rules 5

6

7

8 

### 9:21 a.m. to 8:00 p.m. 9 

### Wednesday, November 18, 2015 10

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12

13

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15 

### William Jefferson Clinton East Building 16 

### 1201 Constitution Avenue, N.W. 17 

### Washington, DC 20004 18

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OLENDER REPORTING, INC. 1100 Connecticut Avenue NW, #810, Washington, DC 20036 Washington: 202-898-1108 • Baltimore: 410-752-3376

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### EPA PANEL: 1


### MORNING SESSION: 2 

### REID HARVEY, Panel Chair, Director of Clean Air 3 

### Markets Division 4


### TONI JONES 5


### MATT CLOUSE 6

7


### AFTERNOON SESSION: 8


### SARAH DUNHAM 9


### JULIA MILLER 10


### ELYSE STEINER 11

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### EVENING SESSION: 13


### KEVIN CULLIGAN 14


### DAN SCHRAMM 15


### JESSICA GORDON 16

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### M O R N I N G S E S S I O N 1


### C O N T E N T S 2


### PAGE 3


### INTRODUCTION - REID HARVEY 11 4

5


### PUBLIC COMMENTS 6 

### SANDY LINDSEY, National People's Action & 19 7 

### Counties United for Action 8 

### MARY METZMEIER, Communities for Action, 24 9 

### Affiliate of National People's Action 10 

### BILLIE KIRKTON, Illinois People's Action, 27 11

### Bloomington, IL 12 

### BECCA SUMMERS, Advocacy Coordinator, Virginia 32 13 

### League of Conservation Voters 14 

### AMINAH ZAGHAB, Environment America 35 15 

### KIMBERLY TURNER, Director of Government 41 16 

### Affairs for Allergy and Asthma Network 17 

### DIANE BOULIS, Ohio Valley Environmental 46 18 

### Coalition (OVEC) 19 

### DELEGATE ALFONSO LOPEZ, Chair of the Virginia 50 20 

### Environment and Rural Energy Caucus 21

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### C O N T E N T S (Cont'd.) 1


### PAGE 2 

### VENU GHANTA, Director, Federal Environmental 55 3 

### and Energy Policy, Duke Energy 4 

### CECILIA CALVO, Environmental Justice Program, 62 5 

### Department of Justice, Peace, and Human 6 

### Development at the U.S. Conference of 7 

### Catholic Bishops 8 

### PAUL BILLINGS, Senior Vice-President, Advocacy 67 9 

### of the American Lung Association 10 

### GARY EWART, American Thoracic Society 73 11 

### JANICE NOLEN, Assistant Vice-President for 78 12

### National Policy, American Lung Association 13 

### JESSICA ECKDISH, Sierra Club 83 14 

### ANNA KASIBHATLA, Student 88 15 

### SCOTT BURGER, Sierra Club Volunteer, Richmond, 91 16

### Virginia 17 

### IVY MAIN, Her own behalf (energy policy 96 18

### analyst) 19 

### LINDSEY MENDELSON, Global Warming Solutions 102 20

### Fellow, Environmental America 21

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### C O N T E N T S (Cont'd.) 1


### PAGE 2 

### JACQUELINE LOWE, Sierra Club Volunteer, 107 3 

### Chesapeake, Virginia 4 

### JOELLE NOVEY, Interfaith Power and Light 111 5 

### KENDYL CRAWFORD, Her own behalf 116 6 

### PETER JOHNSON, Executive Director, Green 118 7 

### and Gray 8 

### NISHA WITT, Aesop Technologies 123 9 

### ZOE BERKERY, Manager of Federal Policy, 128 10

### Business Council for Sustainable Energy 11 

### ERNIE REED, Virginia Organizing, Friends of 136 12

### Nelson, and Wild Virginia 13


### LINDA BURCHFIEL 142 14 

### DAN MISLEH, Executive Director, Catholic 147 15

### Climate Covenant 16 

### ELIZABETH PERERA, Climate Policy Director, 152 17

### Sierra Club 18 

### CHAD OBA, Chair, Friends of Buckingham 157 19 

### NICOLE HOLSTEIN, National Wildlife Federation 162 20

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### A F T E R N O O N S E S S I O N 1 

### C O N T E N T S (Cont'd.) 2


### PAGE 3


### INTRODUCTION - SARAH DUNHAM 168 4

5


### PUBLIC COMMENTS 6 

### JOE COOK, Chair, Chesapeake Bay Group, 176 7 

### Sierra Club 8 

### VERNON SAVAGE, Sierra Club 181 9 

### FRANCES CRUTCHFIELD, Sierra Club Volunteer 182 10 

### HERBERT FITZELL, His own behalf 183 11 

### JOHN LUKER, His own behalf 185 12 

### MARJORIE LEACH-PARKER, Her own behalf 187 13 

### JONATHAN BEAN, His own behalf 191 14 

### TOM BURKETT, Co-Director of Virginia River 195 15


### Healers 16 

### TODD NEDWICK, Housing & Energy Efficiency 202 17 

### Policy Director, National Housing Trust 18 

### AMANDA HUROWITZ, Mother and teacher 208 19 

### SARA CHIEFFO, Mother and Vice-President 213 20 

### of Government Affairs, League of 21 

### Conservative Voters 227

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### C O N T E N T S (Cont'd.) 1


### PAGE 2 

### ANN VALDEZ, Community Voices Heard and 218 3 

### Member of National People's Action 4 

### KATE ADDLESON, for Richard H. Ball, Ph.D., 222 5 

### Retired Energy Policy & Technology Analyst 6 

### REV. PAUL WILSON, Union Hill and Union Road 228 7 

### Baptist Churches, Buckingham County, VA 8 

### EMILY BECKER, National Wildlife Federation 233 9 

### ELI BRIGGS, Senior Government Affairs 236 10

### Director, National Association of County 11

### and City Health Officials 12 

### WILLIAM PENNIMAN, Sierra Club, Virginia 240 13

### Chapter 14 

### DONNEL BAIRD, CEO of Block Power 244 15 

### FRANK KNAPP, Co-Chair American Sustainable 247 16

### Business Council and President, CEO, and 17

### Co-Founder, South Carolina Small Business 18


### Chamber of Commerce 19 

### SAMANTHA LOCKHART, Comments from the Policy 253 20

### Team, National Wildlife Federation 21

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### C O N T E N T S (Cont'd.) 1


### PAGE 2 

### LINDSEY MOSELEY ALEXANDER, on Behalf of 258 3 

### Dr. Vijay Subramaniam 4 

### LAURA KATE BENDER, on Behalf of Dr. Erica 262 5


### Holloman 6 

### KATIE HUFFLING, Director of Nurses for 267 7 

### Healthy Environments 8 

### CHARLOTTE WALLACE, Nurse and Intern with 272 9 

### Nurses for Health Environments 10 

### EARL MITCHELL, Volunteer, Sierra Club 277 11 

### MARY ANNE HITT, Director, Beyond Coal, 282 12

### Sierra Club 13 

### JIM DOYLE, President, Business Forward 288 14 

### DR. PAUL KAPLOWITZ, Virginia Sierra Club 294 15 

### SUSAN BONNEY, Great Falls Group, Sierra 299 16


### Club 17 

### FELIPE FLORESCA, Emerald Cities 304 18

### Collaborative 19 

### GAVIN GROSSMAN, Environment America 316 20 

### EMMA FRIEND, Legislative Office, Sierra Club 321 21

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### C O N T E N T S (Cont'd.) 1


### PAGE 2 

### JOHN NOVACK, Head of Environmental Issues 327 3 

### Team, National Rural Electric Cooperative 4 

### Association 5 

### JUANITA CONSTIBLE, Her own behalf 334 6

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### E V E N I N G S E S S I O N 1


### C O N T E N T S 2

3


### PAGE 4 

### INTRODUCTION - Kevin Culligan 337 5

6


### PUBLIC COMMENTS 7 

### NATALIE PIEN, Her own behalf 344 8 

### ROBERT BINGAMAN, National Organizing 350 9 

### Director, Sierra Club 10 

### EMMANUEL NEWMAN, Legal Intern, We Act for 354 11

### Environmental Justice 12 

### ARTHUR BARKMAN, Washington, D.C. Sierra Club 362 13 

### SHANTHA READY ALONSO, Executive Director, 366 14

### Creation Justice Ministries 15 

### JACQUELINE GALLANT, Her own behalf 377 16 

### MAX BROAD, Washington, D.C. Sierra Club 382 17 

### STEPHANIE HERRON, Her own behalf 387 18 

### DAVID HULL, Sierra Club 391 19 

### ELENA WOODS, Her own behalf 397 20 

### JOHN FISHER, His own behalf 402 21


### COLLIN REES 406 2211

OLENDER REPORTING, INC. 1100 Connecticut Avenue NW, #810, Washington, DC 20036 Washington: 202-898-1108 • Baltimore: 410-752-3376

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


### M O R N I N G S E S S I O N 2 

### MR. HARVEY: Good morning. Can you-all 3 

### hear me okay? Good. 4 

### My name is Reid Harvey. I'm the Chair of 5 

### the Public Hearing today. Thank you for coming. 6 

### Joining me on the panel are Toni Jones 7


### and Matt Clouse. And I have a -- a statement to 8 

### make. I'll have some logistical instructions for 9 

### participants as well. 10

### Fossil fuel fired power plants are the 11 

### largest source of U.S. carbon dioxide emissions 12 

### or carbon pollution, accounting for 31 percent of 13 

### U.S. total greenhouse gas emissions. 14

### Reducing carbon pollution from power 15 

### plants is an essential step in lessening the 16 

### impacts of climate change and providing a more 17 

### certain future for our environment, our health, 18 

### and future generations. 19

### We are here today to listen to your 20 

### comments on the EPA's Proposed Federal Plan and 21 

### Model Rule to implement the Clean Power Plan for 2212

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### existing power plants. 1 

### On October 23rd of 2015 the EPA published 2 

### in the Federal Register its Proposed Federal Plan 3 

### to Implement Emission Guidelines for Power Plants 4 

### under Section 111(d) of the Clean Air Act. The 5 

### EPA's 111(d) rule, known as the Clean Power Plan, 6 

### takes effect on December 22nd, 2015, and applies 7 

### to affected power plants that began construction 8 

### on or before January 8th of 2014. 9 

### The Federal Plan and Model Trading Rules 10 

### demonstrate a readily available path forward for 11 

### Clean Power implementation and present flexible, 12 

### affordable implementation options for states. 13 

### The Model Rules provide a cost effective pathway 14 

### to adopt a trading system supported by EPA and 15 

### makes it easy for states and power plants to use 16 

### emissions trading. It does the heavy lifting for 17 

### states who may choose to use a Model Rule as 18 

### their state plan. The EPA would implement the 19 

### Federal Plan in any state that does not submit an 20 

### approvable plan. 21

### This proposal includes four discreet 2213

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### proposed actions: A rate-based federal plan for 1 

### each state with affected electric generating 2 

### units; a mass-based federal plan for each state 3 

### with affected electric generating units; a rate4 

### based model trading rule for potential use by any 5 

### state; and a mass-based model trading rule for 6 

### potential use by any state. 7 

### The Proposed Federal Plans will achieve 8 

### the same levels of emissions performance as 9 

### required of state plans under the Clean Power 10 

### Plan. Federal plans will be finalized only for 11 

### those states with affected EGUs that the EPA 12 

### determines have failed to submit an approvable 13 

### 111(d) State Plan by the relevant deadlines set 14 

### in the Emission Guidelines. 15

### In those states where a federal plan may 16 

### be required, a final federal plan will implement 17 

### the same emission guidelines for affected power 18 

### plants outlined in the Clean Power Plan. It 19 

### would not require additional control requirements 20 

### or impose additional costs. 21

### Even where a federal plan is put in place 2214

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### for a particular state, that state will still be 1 

### able to submit a plan which, if approved, will 2 

### allow the state and its sources to exit a federal 3 

### plan. States may take delegation of 4 

### administrative aspects of the federal plan in 5 

### order to become the primary implementers or 6 

### submit partial state plans in order to take over 7 

### the implementation of a portion of a federal 8 

### plan. 9 

### States operating under a federal plan may 10 

### adopt complementary measures outside of that plan 11 

### to facilitate compliance and lower costs to the 12 

### benefit of power generators and consumers. 13

### The proposal also includes a Model Rule 14 

### for those states that are developing their own 15 

### state plans. The EPA intends to finalize both 16 

### the rate-based and mass-based model trading rules 17 

### in the summer of 2016. A state program that 18 

### adheres to the model trading rule provisions 19 

### specified in this rulemaking, when final, would 20 

### be presumptively approvable. 21

### There are standalone portions of the 2215

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### model trading rule such as the evaluation, 1 

### measurement, and verification procedures for 2 

### emission rate credits that would be approvable 3 

### even if a state adopted an approach that differs 4 

### in other respects from the Model Rule. 5 

### In addition, the proposal contains a 6 

### finding that it is necessary or appropriate to 7 

### implement a Section 111(d) federal plan for the 8 

### affected EGUs located in Indian Country. CO2 9 

### emission performance rates for these facilities 10 

### were finalized in the Clean Power Plan. 11

### Information on how the EPA will reach out 12 

### to communities is also included in the proposal, 13 

### and information on how EPA will reach out 14 

### throughout the comment period to communities, and 15 

### an overview of the action that the EPA is taking 16 

### to ensure that vulnerable communities are not 17 

### being disproportionately impacted by this 18 

### rulemaking. 19

### So I'm going to close on some logistics. 20 

### If you would like more details on the proposed 21 

### rule, there are fact sheets available at the 2216

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### registration desk outside. 1 

### I'd like to go through a couple 2 

### housekeeping items and ground rules that will 3 

### make today's hearing run smoothly. 4 

### First, be sure you've checked in at the 5 

### registration desk even if you are not planning to 6 

### speak today. And if you signed up to speak 7 

### online or by phone but haven't told us that 8 

### you're here, please step out to the registration 9 

### desk and let the EPA staff know that you have 10 

### arrived. 11

### So I will call up speakers in pairs. 12 

### When your name is called, please come to the 13 

### speakers' table at the front of the room. When I 14 

### call on you to speak, please state your name and 15 

### spell it for the court reporter. Your comments 16 

### will be transcribed and included in the record of 17 

### comments on the proposed rule. If you have an 18 

### extra copy of your statement, please provide it 19 

### to the court reporter as well. 20

### Each speaker will have five minutes to 21 

### give comments. We have a timer light to help you 2217

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### know how much time you have left to speak. When 1 

### the light turns from green to yellow, that means 2 

### you have one minute remaining. When it turns 3 

### red, that's a signal that you're at five minutes, 4 

### and it's time to stop. When you're finished 5 

### speaking, please remain at the table until the 6 

### person next to you has also completed his or her 7 

### testimony. 8 

### And we're here to listen to you today, 9 

### but we may ask questions to clarify your 10 

### comments. So I'll proceed calling up pairs of 11 

### speakers as we have them. And again, if you 12 

### brought a written copy of your testimony, please 13 

### share it with the court reporter, and also, 14 

### please share it at the registration table outside 15 

### before you leave 16

### We'll put any written comments that are 17 

### submitted today in the official docket for the 18 

### proposed rule. We will also have comment cards 19 

### available at the registration desk if you'd like 20 

### to submit additional written comments today. 21

### If you want to comment in writing later, 2218

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### stop by the materials table near the registration 1 

### desk and pick up a copy of the instructions for 2 

### submitting written comments. Comments must be 3 

### received by January 21st of 2016. 4 

### So let me assure you that EPA gives as 5 

### much consideration to comments that we receive in 6 

### writing as we do to comments we receive at public 7 

### hearings like this one. So if you have more 8 

### comments you would like to provide the EPA, 9 

### please submit them by the comment period 10 

### deadline, and your comments will be reviewed. 11

### If you have any questions during the day, 12 

### please see the staff at the registration desk, 13 

### and someone will assist you. 14

### So, thank you again for taking the time 15 

### today to share your comments on the EPA's 16 

### proposal. And let's get started. 17

### Our first two speakers will be Sandy 18 

### Lindsey and Mary Metzmeier. Please come forward. 19

### Just let me know when you're ready, and 20 

### we can turn on the light. Who -- who would like 21 

### to speak first? 2219

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### MS. LINDSEY: I'll go. 1 

### MR. HARVEY: What is your name, please? 2 

### MS. LINDSEY: My name is Sandy Lindsey. 3 

### MR. HARVEY: Could you move the mike a 4 

### little closer to you so we can hear you? 5


### MS. LINDSEY: Is that better? 6 

### MR. HARVEY: Yes. So, Ms. Lindsey, when 7 

### you're ready, let me know, and I'll turn on the 8 

### timer. 9 

### MS. LINDSEY: I'm ready. 10

### MR. HARVEY: Okay. 11

### MS. LINDSEY: My name is Sandy Lindsey. 12 

### Sandy is S-A-N-D-Y; Lindsey, L-I-N-D-S-E-Y. 13

### And I’m a leader with National People's 14 

### Action and Communities United for Action in 15 

### Cincinnati, Ohio. And we've taken time off work 16 

### today and brought my kids here -- 17

### MR. HARVEY: Could you move the mike a 18 

### little closer? I'm having -- still having a hard 19



### -- 20


### MS. LINDSEY: Yeah. 21

### MR. HARVEY: -- hearing you. Or speak a 2220

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### little louder. 1


### MS. LINDSEY: Here? 2


### MR. HARVEY: Yeah. 3 

### MS. LINDSEY: Okay. And basically, we 4 

### came here from Cincinnati, Ohio, and out of 5 

### school and out of work today because this is very 6 

### important to us. 7 

### Today I'm asking that you imagine 8 

### yourself holding your lifeless six-week-old baby 9 

### girl in your arms. She's gasping for air, and 10 

### you're watching her helplessly. You don't know 11 

### what to do and you just watch because you're 12 

### hopeless and helpless. 13

### You rush her to the hospital where they 14 

### hook her up to all types of tubes and machines, 15 

### and then you find out that she has asthma and 16 

### then that she may have to deal with this for the 17 

### rest of her life. Why does this have to happen 18 

### to her? Does this innocent child deserve to go 19 

### through this? 20

### So, she gets a little older and the 21 

### doctors end up sending her home with a breathing 2221

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### machine because the hospital visits are too 1 

### frequent. She sees her sisters and her friends 2 

### outside playing, and instead of her being out 3 

### there playing with the kids, she is asking 4 

### herself why am I in trouble because she's on her 5 

### third breathing treatment for the day. This is 6 

### her everyday life. What did she do to deserve 7 

### this? 8 

### This is my daughter Deasia Miracle, and 9 

### this is how she has lived the last -- past nine 10 

### years of her life. 11

### Going through this with her asthma led me 12 

### to do a little research on my own, and I found 13 

### out that a lot of our health issues are side 14 

### effects from where we live. We live in a lower15 

### income predominantly black neighborhood. And 16 

### actually, our neighborhood is one of the top 10 17 

### Cincinnati neighborhoods where people only live 18 

### to be 71 years of age at the max. That's 20 19 

### years shorter than in wealthy, predominantly 20 

### white neighborhoods. 21

### In my neighborhood there's coal fire -- 2222

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### coal fire power plants that are pumping out 1 

### hazardous chemicals. There are semi trucks 2 

### running up and down the street all hours of the 3 

### day, and it's literally killing us off. Who's to 4 

### say we should die 20 years younger just because 5 

### of where we live and what we can't afford? We 6 

### all should get a chance to live a full and 7 

### healthy life. I deserve it. My kids deserve it. 8 

### So do you and so do yours. 9 

### I know that even in the Bible it says 10 

### that faith without works is dead. I have faith 11 

### that this will work out, but I'm asking you all 12 

### to put action behind it. We need a plan that is 13 

### monitored and that will give my daughter her 20 14 

### years back. 15

### It's time to put people of this country 16 

### first. Companies are thriving while families are 17 

### continuously suffering. We need to end this 18 

### cycle. Unhealthy people cannot work, and my 19 

### child's life is more important than a bottom 20 

### line. 21

### I live in Ohio which will probably end up 2223

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### using the Federal Implementation Plan. There are 1 

### four things I'm asking you to do to make it as 2 

### strong as possible: Number one, polluters should 3 

### pay to support renewable energy and 4 

### weatherization in low income communities. Number 5 

### two, we need affordable renewable energy for low 6 

### income people and people of color. Number three, 7 

### we don't need fracking, natural gas, or nuclear 8 

### energy to cause other environmental problems. 9 

### And, Number four, we want our communities to 10 

### control the energy projects. We want to make 11 

### sure that FIP creates good quality green jobs in 12 

### our neighborhoods. 13

### And I'm not the only person who feels 14 

### that way. I created an on-line petition and 15 

### collected over 20,000 signatures. And I'd like 16 

### to present them to you for a part of the record. 17

### Today is my little miracle's ninth 18 

### birthday. At six weeks, while holding her 19 

### lifeless body, I didn't think we would make it 20 

### this far. But for her birthday I'm asking that 21 

### you grant her the ultimate give, and that's life. 2224

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### Give my baby and many others like us our 20 years 1


### back. We need a Clean Power Plan that holds 2 

### polluters accountable. Let's work together to 3 

### take care of the people and planet that we were 4 

### blessed with. Thank you. 5 

### MR. HARVEY: Thank you for your 6 

### statement, and thank you for coming from Ohio. 7 

### We'll see if we have clarifying questions, but we 8 

### want to also wish you a happy birthday today. 9 

### MS. LINDSEY: Thank you. 10

### MR. HARVEY: Any questions or -- no. 11 

### Okay. Thank you very much. 12

### Our next speaker will be Mary Metzmeier. 13 

### Let me know when you're ready. 14

### MS. METZMEIER: Okay. Is that good? 15

### My name's Mary Metzmeier, M-A-R-Y, 16 

### M-E-T-Z-M-E-I-E-R. And I came, also, from 17 

### Cincinnati, Ohio, with Sandy, and Deasia, and 18 

### Destiny over there. And I work with Communities 19 

### for Action. We're an affiliate of National 20 

### People's Action. And I moved to Cincinnati 28 21 

### years ago from rural Kentucky. 2225

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### When I moved to Cincinnati, I discovered 1 

### this phenomenon. Growing up I didn't know many 2 

### people who had asthma. In my career -- in my 28- 3 

### year career in low income communities I don't -- 4 

### can't remember a family who doesn't have asthma. 5 

### There's this joke in Cincinnati about do 6 

### you have allergies. Well, you haven't lived in 7 

### Cincinnati long enough. That's not a joke. In 8 

### the Ohio River valley where all this air hangs 9 

### out and the pollution from coal power plants and 10 

### from factories just creates this cumulative 11 

### effect, and it -- as Sandy said -- is killing us. 12

### On Saturday we're going to bury one of 13 

### our neighborhood leaders. She is somebody who -- 14 

### you would not believe this woman. She fought 15 

### litter with a roll of masking tape because if you 16 

### littered on her street, she would hunt you down 17 

### and put that litter back on your car. There was 18 

### no prostitution on her street because she would 19 

### chase them off. She was a treasure in this 20 

### community, and she died of complications of 21 

### respiratory illnesses and cancer. And that has 2226

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### to do with where she lived. 1 

### So today I'm asking you to really and 2 

### truly -- not just on paper but put an actual plan 3 

### together that is going to reward true, clean, 4 

### renewable power, not fossil fuels, not fracking, 5 

### not natural gas; but what we need is actual 6 

### renewable energy. We want the set asides to not 7 

### be 5 percent. We want them to be 50 percent. 8 

### And we want low income communities to have 9 

### dedicated allowances for those set asides. 10


### We want to be able to control the 11 

### renewable energy in our communities because there 12 

### is no way that these people who have made us sick 13 

### and killed us over these years should be in 14 

### control of selling the -- the wind and the sun 15 

### back to us. We want to be able to use the limits 16 

### that you guys, I hope, will set on fossil fuel 17 

### energy production to spur creativity and job 18 

### production that we know will happen; but we need 19 

### your support to do that. 20

### We also want to have more weatherization 21 

### for low income communities because we know that 2227

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### people like Ms. Cary had to crank up her air 1 

### conditioning all the time in the -- in the 2 

### weather because she could not breathe without it. 3 

### She needed better weatherization on her house so 4 

### she could reduce her energy bill. And so, those 5 

### are the things that we hope you will put -- and 6 

### make the Clean Power Plan and the FIP as strong 7 

### as possible so that our low income communities 8 

### can breathe, can live, and can have sustainable 9 

### green jobs. Thank you very much. 10

### MR. HARVEY: Thank you. And again, thank 11 

### you both for coming from Cincinnati to join us. 12

### Do we have questions? 13

### MR. CLOUSE: I don't think so. 14

### MR. HARVEY: Okay. Thank you. 15

### Our next two speakers, if you'll come 16 

### forward, are Billie Kirkton and Becca Summers. 17

### When you're ready, we'll start with 18 

### Billie Kirkton. 19

### MR. KIRKTON: All right. That's 20 

### B-I-L-L-I-E, K-I-R-K-T-O-N. So, my name is 21 

### Billie Kirkton, and I'm a leader with Illinois 2228

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### People's Action from Bloomington, Illinois. And 1 

### I've traveled here today to voice my support for 2 

### the Clean Power Plan and to call on you to 3 

### strengthen the Federal Implementation Plan. 4 

### Today more than ever the future of our 5 

### society and our planet depends on the decisions 6 

### we make together. As a young person, I feel the 7 

### weight of bad decisions that have been made 8 

### before me and the responsibility to help ensure 9 

### that we transition from dirty sources of energy 10 

### to a sustainable future. No less than the fate 11 

### of humanity rests upon speeding up this 12 

### transition. 13

### Like others here, we at Illinois People's 14 

### Action and National People's Action -- also 15 

### represented here today -- believe that more can 16 

### and should be done to limit carbon emissions. 17 

### The Clean Power Plan gives us an opportunity to 18 

### not only do that but to take a massive step 19 

### forward in transforming our current energy 20 

### infrastructure, combating climate change, 21 

### creating jobs, and bringing environmental justice 2229

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### to those communities that have been and always 1 

### will be affected the most by extractive sources 2 

### of energy. 3 

### We urge the EPA to reject false solutions 4 

### such as natural gas, nuclear, and biomass, as we 5 

### cannot simply replace one problem for another. 6 

### In Illinois we have seen natural gas touted and 7 

### marketed as the American-made affordable, cleaner 8 

### source of energy. But hydraulic fracking has 9 

### been shown time and time again to devastate the 10 

### environment, releasing mass amounts of greenhouse 11 

### gases when extracted from the earth, causing 12 

### earthquakes, and producing adverse health effects 13 

### for communities near drill sites. 14

### In addition, about half our energy in 15 

### Illinois currently comes from nuclear power. I 16 

### live 40 miles from a power plant in Clinton, 17 

### Illinois, where state workers are given potassium 18 

### iodine tablets to take in case of emergency. 19

### Now that the nuclear industry is seeing 20 

### an inevitable transition coming, they are 21 

### fighting hard to be considered renewable energy 2230

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### and are demanding that Illinois taxpayers 1 

### continue to subsidize their industry to the tune 2 

### of hundreds of millions of dollars. 3 

### Instead of relying on these dangerous and 4 

### destructive forms of energy that profit from 5 

### exploiting people and the earth, we can shift to 6 

### create a real market for wind and solar 7 

### industries while investing in real and meaningful 8 

### energy efficiency measures. 9 

### Finally, this plan gives federal and 10 

### state governments a chance to make the emerging 11 

### clean energy economy not only more sustainable 12 

### but also more equitable. This is vital as a 13 

### shifting energy market may well perpetuate 14 

### existing inequities further rather than 15 

### alleviating them without government intervention. 16

### To that end the Clean Energy Incentive 17 

### Program is a crucial part of the Clean Power 18 

### Plan. By encouraging early investment in 19 

### renewable energy and energy efficiency in low 20 

### income communities, we can turn the tide toward 21 

### equity in the environment and the economy. 2231

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### Low income communities bear the burden of 1 

### the dirty energy economy we have now. Power 2 

### plants and dirty factories are disproportionate 3 

### -- disproportionately located in or near such 4 

### communities. After decades of under investment 5 

### and pollution, low income communities need deep 6 

### investment to begin to recover. 7 

### To truly see the Clean Power Plan live up 8 

### to its potential, participation in the Clean 9 

### Energy Incentive Program should be mandatory for 10 

### all states. And the program should be 11 

### significantly expanded. Without participating, 12 

### the CEIP -- in the CEIP by every state low income 13 

### communities and communities of color will 14 

### continue to bear the unfair burden of toxic air 15 

### and criminal underinvestment. We've got to put 16 

### people and planet over profits, and that means 17 

### universal participation in this essential 18


### program. 19

### These renewable energy and efficiency 20 

### projects in low income communities have the power 21 

### to transform and revitalize those communities; 2232

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### but this kind of project takes time to get off 1 

### the ground. And so, lastly, we hope that the 2 

### time window for projects to qualify for the CEIP 3 

### and receive allowances will be expanded to help 4 

### more communities take advantage of this fantastic 5 

### program. Thank you. 6 

### MR. HARVEY: Thank you, Mr. Kirkton. 7 

### Any questions? 8 

### (No audible response.) 9 

### MR. HARVEY: Okay. Becca Summer. Let me 10 

### know when you're ready. 11


### MS. SUMMERS: I'm Becca Summers. It's 12 

### B-E-C-C-A, S-U-M-M-E-R-S. 13

### Good morning. My name's Becca Summers, 14 

### and I'm here representing the Virginia League of 15 

### Conservation Voters as their Advocacy 16 

### Coordinator. We have an active membership base 17 

### of 6,500 individuals throughout the State of 18 

### Virginia, and our organization regularly reaches 19 

### out to nearly 20,000 Virginians. 20

### Our members are concerned and involved 21 

### conservationalists [sic], a part of the 2233

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### conservation voter movement who understand the 1 

### role our elected representatives play in passing 2 

### -- the passing of strong, pro environmental bills 3 

### and regulations. 4 

### I am here to urge the EPA, as a federal 5 

### organization and a leader for our nation, to put 6 

### in place both a strong federal implementation 7 

### plan and Model Rules. 8 

### While Virginia LCV hopes state leaders 9 

### will sit down with stakeholders and develop their 10 

### own unique state plan, which makes most sense for 11 

### their residents and state economy, it is clear 12 

### that some localities will not be doing this. 13 

### When this happens, for the sake of their health 14 

### and the well being of future generations, 15 

### American citizens rely on the EPA enforcing a 16 

### strong federal implementation plan with each 17 

### delinquent state. If the EPA continues with 18 

### their plan to develop a single plan, the Virginia 19 

### League of Conservation Voters encourages a mass20 

### based plan to go into effect. 21

### A mass-based plan is simpler to design 2234

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### and implement, readily incorporates trading 1 

### opportunities, and automatically benefits from 2 

### private investments and energy efficiency and 3 

### renewable energy. As proposed, this plan is a 4 

### good backstop for states that are unwilling to 5 

### protect public health from carbon pollution by 6 

### meeting the reduction targets in the Clean Power 7


### Plan. 8 

### Not only will this federal plan guaranty 9 

### reducing carbon pollution and protecting public 10 

### health, but it will also serve as a resource 11 

### states can use in developing their own plans. 12

### Finally, we would like to encourage the 13 

### EPA to continue their efforts to reach out to 14 

### vulnerable communities and make sure that those 15 

### are disproportionately impacted by carbon 16 

### emissions have a voice at the table during the 17 

### development of the federal -- final federal plan. 18 

### Thank you for your time, and we look forward to 19 

### reviewing the finalized plan. 20

### MR. HARVEY: Thank you, MS. Summers. 21

### MS. JONES: Thank you for your 2235

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### presentation. One question or maybe a point of 1 

### clarification here. I did note the support for 2 

### the mass-based plan, but are there any other 3 

### aspects that you would like to call to attention 4 

### for strengthening the federal plan? 5 

### And if you don't have those today, I just 6 

### wanted to make a point to note that when 7 

### submitting written comments, it would be helpful 8 

### to have any other aspects of the plan very 9 

### detailed specifics outlined in those comments for 10 

### the agency to consider. 11

### MS. SUMMERS: Okay. I can definitely 12 

### submit that with the written comments online. 13

### MS. JONES: Okay. Thank you. 14

### MR. HARVEY: Thank you both. 15

### Our next pair of speakers -- our next 16 

### pair of speakers -- and I may not pronounce your 17 

### name correctly -- Aminah Zaghab and Kimberly 18


### Turner. 19

### Ms. Zaghab, would you like to begin 20 

### first? I'm sure I got it wrong, but tell me. 21

### MS. ZAGHAB: It's all right. I'm a 2236

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### little used to it. My name's Aminah Zaghab, 1 

### A-M-I-N-A-H, last name Z-A-G-H-A-B. 2 

### First, I want to thank the EPA and the 3 

### Obama Administration, and the President for 4 

### moving forward with the Clean Power Plan. 5 

### Limiting global warming pollution from power 6 

### plants, the single largest source of such 7 

### pollution in the U.S. is the critical step 8 

### forward to protecting our health and our 9 

### environment and the worst impacts of global 10 

### warming. 11

### On behalf of Environment America I 12 

### appreciate this opportunity to provide feedback 13


### on the Draft Model Rule for States and the Draft 14 

### Federal Implementation Plan. 15

### Every day it's becoming clearer that 16 

### global warming is happening right now, and it's 17 

### already hitting close to home. From drought and 18 

### fires on the west coast to flooding and 19 

### hurricanes on the east we're feeling this in our 20 

### local communities and across the country. And 21 

### the signs that we need to act urgently are 2237

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### accelerating. That's why it's so imperative that 1 

### we implement the Clean Power Plan as quickly as 2 

### possible and accelerate our transition to clean 3


### energy. 4 

### We know that global warming is largely 5 

### caused by carbon pollution, and we should be 6 

### doing everything in our power to invest in energy 7 

### sources that do not contribute to this pollution 8 

### and contribute to global warming. 9 

### And the U.S. has the ability to do this 10 

### with wind, solar, and energy efficiency. America 11 

### has the potential to power itself 10 times over 12 

### from the wind that blows both over the land mass 13 

### and also off of the east coast. Colorado is 14 

### already producing more than 10 percent of its 15 

### electricity from wind farms. And wind power 16 

### already generates more than a quarter of the 17 

### power used in Iowa. 18

### And the U.S. has further potential to 19 

### produce more than a hundred times its electricity 20 

### from solar installations as the nation consumes 21 

### each year. Every single state has the potential 2238

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### to generate more than the electricity needed from 1


### the sun. 2 

### Across the nation last year a home or 3 

### business installed a solar installation every two 4 

### and a half minutes. And according to the latest 5 

### solar job census from the Solar Foundation, the 6 

### solar industry employed more than 173,000 7 

### individuals last year and remains among the most 8 

### rapidly growing sectors of our economy. 9 

### Colorado alone has enough solar potential 10 

### to power the entire state 362 times over. 11 

### Virginia could produce nearly 20 times as much 12 

### power as it consumes through solar energy. 13

### In addition, we also have our cheapest 14 

### and quickest tool to prevent global warming 15 

### pollution -- energy efficiency. Energy 16 

### efficiency offers vast, untapped potential to get 17 

### more done simply by using less electricity. The 18 

### American Council for Energy Efficient Economy 19 

### estimates that we could reduce overall usage of 20 

### energy across our economy 40 to 60 percent by the 21 

### year 2050 even as our economy continues to grow 2239

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### by deploying better technology in our buildings, 1 

### in our industries, in our homes. 2 

### Investing in efficiency programs on mass 3 

### scale would create more than a million jobs and 4 

### boost our economy to the order of hundreds of 5 

### millions of dollars per year. 6 

### All this goes to say we have clean energy 7 

### solutions. And in order to address the climate 8 

### crisis, we need to accelerate our progress 9 

### towards 100 percent clean energy. As the EPA 10 

### finalizes the Model Rule and the Federal 11 

### Implementation Plan, we strongly encourage you to 12 

### ensure that these programs encourage investment 13 

### in these clean energy resources as much as 14 

### possible. 15

### I have a few specific recommendations on 16 

### the Proposed Rule and the Federal Plan. The 17 

### faster the EPA can finalize this rule, the more 18 

### certainty states will have, as they develop their 19 

### compliance plans, and the quicker that states can 20


### move forward. 21

### We urge the EPA to consider whether some 2240

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### components can be finalized shortly after the 1 

### comment period closes to accelerate this 2 

### transition. 3 

### Further, the EPA should apply the Federal 4 

### Plan provisions swiftly should a state decline to 5 

### adequately carry out its responsibilities. We 6 

### support the EPA's proposal to issue a federal 7 

### plan for any state that does not meet one of the 8 

### interim state planning milestones. And we urge 9 

### the EPA to do so within less than one year after 10 

### finding that the state is not on track to submit 11 

### a final state plan. 12

### And lastly, the EPA must ensure that 13 

### affected power plants abide by the enforceable 14 

### limits on their emissions of global warming 15 

### pollution. There must be effective 16 

### accountability mechanisms for this plan to work. 17

### Thank you again for the opportunity to 18 

### speak. And I appreciate the EPA's efforts in 19 

### moving forward with this proposal, and I urge you 20 

### to move forward in swiftly cleaning up our 21 

### nation's power plants and transitioning us to 2241

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### clean energy. 1 

### MR. HARVEY: Thank you very much. 2 

### Questions? No? Okay. Thank you. 3 

### Kimberly Turner. 4 

### MS. TURNER: Hello, my name is Kimberly 5 

### Turner, K-I-M-B-E-R-L-Y, Turner, T-U-R-N-E-R, the 6 

### Director of Government Affairs for Allergy and 7 

### Asthma Network, a nonprofit organization here in 8 

### Vienna, Virginia. 9 

### The Allergy and Asthma Network is the 10 

### leading nonprofit patient education and advocacy 11 

### organization for people living with allergy, 12 

### asthma, and related conditions. Our patient 13 

### center network unites individuals, families, 14 

### health care professionals, industry, and 15 

### government decision makers to improve health and 16 

### quality of life for Americans living with allergy 17


### and asthma. 18

### I am here today to testify on behalf of 19 

### those we serve in support of a strong Clean Power 20 

### Plan federal model that would address climate 21 

### change and reduce air pollution to protect the 2242

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### lives of millions of Americans with allergy and 1


### asthma. 2 

### We want to ensure that we will see the 3 

### maximum health benefits of the proposed Clean 4 

### Power Plan, the prevention of 3,600 premature 5 

### deaths, 90,000 asthma attacks, and 300,000 missed 6 

### days of work and school each year by 2030 when 7 

### the Clean Power Plan will be fully implemented. 8 

### For example, Martha Coda, one of our 9 

### members, awoken one morning to find her infant 10 

### son, Jose, gasping for air from a lack of oxygen. 11 

### Terrified, she rushed him to the local hospital 12 

### in Long Beach, California, where doctors 13 

### stabilized the toddler and sent him home with a 14 

### litany of inhalers and asthma medication so he 15 

### could catch his breath. However, this cycle went 16 

### on for more than five years. She discovered that 17 

### many other women and children in her community 18 

### were having trouble with respiratory illnesses. 19 

### She, like many moms, did not let this rest. She 20 

### wanted to find out what was the reason. She was 21 

### determined. 2243

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### She lived downwind from the nation's 1 

### largest port, a complex was making so many people 2 

### sick, the industrial corridor filled with exhaust 3 

### from diesel powered freight trains, cargo ships, 4 

### and traffic that stretches from the ports of Los 5 

### Angeles and Long Beach to Riverside, a city of 6 

### 300,000 residents. 7 

### Martha connected with a team of 8 

### physicians at the Children's Environmental Health 9 

### Center at the University of Southern California. 10 

### After a 10-year study they found, one, that lung 11 

### development of children who lived near the 12 

### corridor was stunted 20 percent smaller than 13 

### average; and, two, that the children living 14 

### within a quarter mile of a freeway had an 89 15 

### percent higher risk of asthma than kids just one 16 

### mile away. 17

### Coda hardly needed a study to tell her 18 

### this. She and her two other children later 19 

### developed severe allergies and asthma, and now 20 

### use an arsenal of medications just to get through 21 

### the day. 2244

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### There are 26 million Americans living 1 

### with asthma, 56 billion in annual direct and 2 

### indirect costs due to asthma. In order to 3 

### protect Martha and her family and the millions of 4 

### those whose health is impacted by air pollutions, 5 

### states must develop effective plans to meet the 6 

### requirements set out by EPA in the Clean Power 7


### Plan. 8 

### Should a state fail to comply, EPA must 9 

### be prepared to ensure meaningful reductions are 10 

### achieved by taking action at the federal level. 11 

### The Model Plan -- Power Plan -- should promote 12 

### the Clean Energy Incentive Program's components 13 

### that focuses on energy efficiency improvements in 14 

### low income communities. And the federal plan 15 

### should focus on aiding those communities that are 16 

### disproportionately impacted by air pollution. 17

### Many residents in low income communities 18 

### in Virginia and nationwide could benefit from 19 

### having repairs done to their homes that can cut 20 

### their energy bills. Our communities will also 21 

### benefit from additional jobs that would be 2245

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### created to fix these homes. 1 

### Beyond energy efficiency efforts EPA can 2 

### do more to guaranty that low income communities 3 

### do not continue to bear the burden of pollution 4 

### under the Clean Power Plan. This includes 5 

### excluding biomass incineration as a means of 6 

### energy production in the federal or model plans 7 

### unless the state of the art pollution controls 8 

### are implemented. 9 

### More often than not low income 10 

### communities carry the burden of biomass 11 

### incineration and are exposed to dangerous levels 12 

### of particle pollution which is associated with 13 

### premature death, heart attacks, and symptoms of 14 

### chronic lung disease. Thank you for your time. 15

### MR. HARVEY: Thank you very much. 16

### I was wondering if you could just expand 17 

### briefly on your membership, how large is it, and 18 

### who are the typical sort of members in your 19 

### organization? 20

### MS. TURNER: Certainly. Again, we are -- 21 

### we are in Vienna, Virginia. We have 2246

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### approximately 500,000 plus members. We are 1 

### associated with the ACAAI, which is Allergist of 2 

### the Doctor -- the College of Allergy and Allergy 3 

### Doctors. We have publications that range -- two 4 

### million publications quarterly per year, so we're 5 

### quite a large organization. 6 

### MR. HARVEY: Thank you very much. Other 7 

### questions? Okay. Thank you both. 8 

### Our next pair of speakers are Diane 9 

### Boulis and Venu Ghanta. Please come forward. 10

### I don't see Mr. Ghanta here. Okay. I 11 

### think we have another speaker who would like to 12 

### go now, Delegate Alfonso Lopez. Are you here? 13

### So, Ms. Boulis, would you mind starting? 14 

### And if you could start by spelling your name? 15

### MS. BOULIS: Diane Boulis, D-I-A-N-E, 16


### B-O-U-L-I-S. 17

### Good morning. I have come in from 18 

### Charleston, West Virginia, where I live in a 19 

### small holler. As you can tell by my voice, I 20 

### have moved to West Virginia. I am not a native. 21 

### I am an impacted citizen of mountaintop removal, 2247

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### and I have learned so much in the last three 1 

### years it frightens me. 2 

### I'm here today sponsored by OVEC, the 3 

### Ohio Valley Environmental Coalition. And I thank 4 

### you for this opportunity to tell you about living 5 

### in West Virginia. 6 

### I also come here in support of the plan. 7 

### And as you well know, West Virginia politicians 8 

### are bound and determined not to cooperate with 9 

### you. Our newspapers are filled with dire 10 

### warnings of loss of coal jobs and blah-dee-blah11 

### dee-blah [phonetic], the same old thing. Now 12 

### that's because the coal barons are in charge of 13 

### West Virginia. They've paid for every politician 14 

### we have in office. 15

### Currently, 95 percent of West Virginia's 16 

### power comes from coal fired plants. And they are 17 

### saying there's absolutely no way they can meet 18 

### any of your guidelines. 19

### Well, I read your guidelines. For West 20 

### Virginia they're the lowest requirements in your 21 

### plan. You've already made all kinds of 2248

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### compromises for West Virginia. And West Virginia 1 

### says, uh-uh, we just ain't gonna play. 2 

### Well, as a citizen of West Virginia, I'm 3 

### begging you to intervene. If our politicians are 4 

### that blind sighted and that backward thinking, 5 

### please don't assume that all of its citizens are 6


### the same. 7 

### Now I will say the economy there is just 8 

### as tied to coal which is silly because our 9 

### largest employer is Walmart. 10

### So, in the plan there must be some way to 11 

### replace the jobs lost. Our communities have 12 

### already been hit so hard by the downturn in the 13 

### market. There is no war on coal. Let me say 14 

### that again. There is no war on coal. But there 15 

### is a serious downturn in the market. And for a 16 

### state that relies completely on coal for its 17 

### economy, we are in dire straits. So that part of 18 

### the plan is very, very important to us. 19

### Currently everyone's saying, okay, fine. 20 

### Let's go to natural gas. Well, fracking isn't 21 

### any better. We all see the news reports, the 2249

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### earthquakes, the tainted water, the oh, golly, 1 

### we're not going to tell you what chemicals we're 2 

### using when we frack. We jumped into fracking 3 

### without a whole lot of scientific preplanning. 4 

### We're going to wind up paying for that. 5 

### West Virginia already pays and pays 6 

### heavily for our use of coal as a nation. I don't 7 

### want natural gas to be the next thing that ruins 8 

### us. We have a beautiful natural state. In some 9 

### our hollers we don't get a whole lot of sunshine, 10 

### but there have to be alternatives. And if some 11 

### of these states can produce 20 percent more than 12 

### what they need in solar, well, you know what? 13 

### Coal has been running this nation electrically 14 

### with its coal for a very long time, and maybe 15 

### it's time that on the federal level somebody 16 

### starts taking care of West Virginia. 17

### I thank you very much for your time 18 

### today. I don't have any additional statistics 19 

### for you. I'm pretty much just a caregiver. 20

### MR. HARVEY: Thank you, Ms. Boulis. 21

### MS. BOULIS: Thank you. 2250

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### MR. HARVEY: Okay. Thank you. Delegate 1 

### Alfonso Lopez. 2 

### DELEGATE LOPEZ: Hello. Thank you for 3 

### being here today and sitting through all the 4 

### testimony. 5


### MR. HARVEY: Closer. 6


### DELEGATE LOPEZ: Yes. As a member of the 7 

### Virginia House of Delegates and Chair of the 8 

### Virginia Environment and Rural Energy Caucus of 9 

### the General Assembly, I'm here today to share my 10 

### strong support for EPA's Clean Power Plan. The 11 

### Commonwealth of Virginia is at a crossroads. 12 

### Whether it's the economic repercussions of sea 13 

### level rise on Virginia's coastline, the health 14 

### consequences of breathing polluted air or the 15 

### threat of more extreme weather conditions, 16 

### climate changes have an impact today on the day17 

### to-day lives of citizens of the Commonwealth. 18

### Thankfully, EPA's Clean Power Plan 19 

### creates an opportunity for the Commonwealth to 20 

### reduce its carbon pollution, mitigate the 21 

### consequences of climate change, and grow our 2251

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### economy through investments in clean energy and 1 

### energy efficiency. By adapting a mass based 2 

### approach, Virginia would not only need to reduce 3 

### CO2 mass by 1.7 percent from 2012 levels, 4 

### compared to an average of 20 percent Virginia has 5 

### one of the most -- compared to an average of 20 6 

### percent Virginia has one of the most achievable 7 

### mass based targets for the entire country. 8 

### If we comply using a market based 9 

### multistate plan, Virginia could both lower energy 10 

### prices and leverage our lower -- low carbon and 11 

### competitive advantage to raise additional revenue 12 

### by selling pollution credits to higher polluting 13 

### states in our region unlike West Virginia. 14

### Fortunately, Virginia is already well on 15 

### its way to achieving and even exceeding 16 

### compliance under the mass based target. In fact, 17 

### our existing plans fossil fuel generation changes 18 

### achieve 65 percent of the pollution reductions 19 

### required to reach our mass based target. In 20 

### addition, Virginia is already working to cut 21 

### emissions by increasing renewable energy 2252

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### generation and improving energy efficiency 1 

### throughout the Commonwealth. 2 

### We have a stated goal of generating 15 3 

### percent of our electricity for renewable energy 4 

### by 2025. Virginia is also currently working to 5 

### boost energy efficiency across the Commonwealth 6 

### with -- with a goal of cutting energy waste by 10 7 

### percent by 2022 relative to 2006 levels. 8 

### If we achieve these goals along with the 9 

### existing planned fossil fuel changes, Virginia 10 

### will dramatically exceed its reduction goals 11 

### which allows the Commonwealth to sell pollution 12 

### credits under mass to other states and generate 13 

### revenue that we can use to promote additional 14 

### clean energy and energy efficiency. 15

### The Clean Power Plan gives Virginia the 16 

### flexibility and autonomy to continue our success 17 

### and craft a Virginia specific plan to meet our 18 

### specific goals. While we have taken some 19 

### important first steps to shrink carbon emissions 20 

### in Virginia, adopting a mass -- a mass based 21 

### approach will let us build on this momentum and 2253

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### make great strides in reducing carbon pollution. 1 

### In addition to helping avoid the negative 2 

### consequences of climate change, bringing down 3 

### carbon emissions will -- will create new clean 4 

### energy jobs and grow our economy. 5 

### Neighboring states have already installed 6 

### solar capacity at rates 10 to a hundred times 7 

### higher than Virginia. This untapped solar 8 

### capacity means that there is tremendous 9 

### opportunity in Virginia to develop a robust solar 10 

### energy market that will create new jobs 11 

### throughout the Commonwealth. 12

### Virginia's offshore wind resources are 13 

### also abundant and unused. The build-out of our 14 

### offshore wind lease area -- the first such lease 15 

### in the mid Atlantic -- could provide as many as 16 

### 10,000 clean energy jobs and power 700,000 homes 17 

### with pollution-free energy. 18

### Additionally, energy efficiency programs 19 

### are the most cost effective way for utility 20 

### companies to meet growing demand for electricity. 21 

### These programs can also strengthen our economy by 2254

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### creating local jobs that cannot be outsourced. 1 

### Moreover, according to NRDC's modeling, by 2020 2 

### alone limits on carbon pollution could create 3 

### more than 5,600 new jobs in Virginia and 4 

### contribute 517 million in energy savings for 5 

### Virginia households. 6 

### The solution is clear. The Clean Power 7 

### Plan will create an opportunity for the 8 

### Commonwealth of Virginia to address the impacts 9 

### of climate change while growing our economy, 10 

### creating a more sustainable energy future and 11 

### preserving our environment for future 12 

### generations. 13

### I look forward to working with the EPA, 14 

### Governor McAuliffe, and the entire Virginia 15 

### General Assembly as this process moves forward to 16 

### develop the best possible plan for Virginia's 17 

### environment, economy, and energy future. Thank 18


### you. 19

### MR. HARVEY: Thank you, Delegate Lopez 20 

### for joining us today. We appreciate your 21 

### testimony. 2255

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### DELEGATE LOPEZ: Sure. 1 

### MR. HARVEY: Are there questions? Okay. 2 

### Thank you. 3 

### DELEGATE LOPEZ: Do I spell my name or 4 

### anything? 5 

### MR. HARVEY: Yes, I think we're good. 6 

### DELEGATE LOPEZ: Okay. 7 

### MR. HARVEY: Our next pair of speakers 8 

### are Venu Ghanta and Cecilia Calvo. 9 

### We'll start with Mr. Ghanta. When you're 10 

### ready, just say so and I'll start the clock. 11

### MR. GHANTA: Good morning. My name is 12 

### Venu Ghanta, and I'm a Director of Federal 13 

### Environmental and Energy Policy for Duke Energy. 14

### Thank you for the opportunity to speak 15 

### here today to share some of our initial views on 16 

### the EPA's Proposed Federal Plan and Model Rules 17 

### for the Clean Power Plan. We will be submitting 18 

### detailed comments prior to the close of the 19 

### comment period. 20

### Duke Energy is a national leader in 21 

### reducing emissions and providing our customers 2256

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### with increasing clean electric power. We have 1 

### diversified our generating fleet and reduced 2 

### carbon dioxide emissions approximately 20 percent 3 

### since 2005 while keeping power reliable and 4 

### affordable to the 23 million people who rely on 5 

### us. Duke Energy will continue to invest in 6 

### energy technologies that are good for our 7 

### customers, our communities, and the environment. 8 

### Duke Energy supports utilizing market 9 

### based approaches to reducing emissions. 10 

### Emissions trading has been used successfully for 11 

### years to achieve emission reductions that lower 12 

### costs than traditional command and control 13 

### approaches while also insuring the environmental 14 

### integrity of the programs. 15

### As states are currently evaluating 16 

### options for implementing the Clean Power Plan, we 17 

### believe EPA should finalize both the proposed 18 

### rate-based and mass-based model trading rules as 19 

### expeditiously as possible. If the EPA decides to 20 

### finalize only one form of federal plan, we would 21 

### encourage the EPA to finalize a mass-based plan, 2257

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### particular since states and utilities have 1 

### extensive experience implementing mass-based 2 

### training programs. 3 

### Duke Energy supports many of the specific 4 

### elements underpinning the trading programs in the 5 

### EPA's proposal, including allowing a state 6 

### subject to a federal plan to submit a partial 7 

### state plan to replace the federal allowance 8 

### allocations with its own allowance allocations; a 9 

### limited banking of allowances and emission rate 10 

### credits or ERCs within and between the interim 11 

### and final compliance periods with no expiration 12 

### of banked allowances or ERCs; allowing interstate 13 

### trading between affected units in states covered 14 

### by federal plans and affected units in states 15 

### covered by comparable state plans; and evaluating 16 

### compliance after every multiyear compliance 17 

### period without implementing intervening allowance 18 

### holding requirements as in the RGGI and CARP 19


### programs. 20

### However, I want to highlight the specific 21 

### provision of the proposal that we are concerned 2258

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### about. The EPA has proposed that if an affected 1 

### unit does not operate for two consecutive 2 

### calendar years, the unit only receives 3 

### allocations for a limited number of years 4 

### thereafter before those allocations go to the 5 

### renewable energy are already set aside for the 6 

### state in which their retired unit is located. 7 

### This may have the unintended consequence of 8 

### encouraging non-economic coal generation to 9 

### remain in service in order to maintain its 10 

### allowance allocation. This situation is 11 

### exacerbated for units that the EPA included in 12 

### the 2012 baseline and to which are proposed as to 13 

### outdate allowances but that have already retired 14 

### or will retire prior to 2019. These units would 15 

### not receive any allocation at all under the EPA's 16 

### proposal, nor would their allocation go to other 17 

### affected units. Instead, those allowances would 18 

### go to the already set aside. 19

### In North Carolina where Duke Energy has 20 

### retired 17 coal-fired units, accounting for 2,259 21 

### megawatts of generation since the beginning of 2259

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### 2012, around 10 percent of the state's 2022 1 

### allowances would be transferred to the already 2 

### set aside just from unit retirements alone. When 3 

### combined with the proposed set aside level of 5 4 

### percent, that would amount to a total of 15 5 

### percent set aside for RE by 2022 in North 6 

### Carolina before accounting for any other unit 7 

### retirements that have not yet been planned or 8


### announced. 9 

### The EPA should recognize that allocating 10 

### allowances to utilities won't show that the 11 

### emission standards are achieved in the most cost 12 

### effective way possible which will minimize rate 13 

### impacts for our customers. We will be submitting 14 

### detailed written comments addressing this 15



### concern. 16

### Finally, we appreciate the EPA's attempts 17 

### to incentivize states and utilities to take early 18 

### action via the creation of the Clean Energy 19 

### Incentive Program or CEIP. However, we would 20 

### suggest that the CEIP not be a set aside but 21 

### rather should consist entirely of additional 2260

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### allowances or ERCs. This would not significantly 1 

### change the stringency of the Clean Power Plan but 2 

### would be helpful in insuring liquidity and 3 

### mitigating price spikes in the early years of 4 

### compliance. 5 

### Thank you again for the opportunity to 6 

### share Duke Energy's views on this proposal. 7 

### MR. HARVEY: Thank you very much. Just a 8 

### clarification on your last comment: So your -- 9 

### your suggestion is that states not set aside a 10 

### portion of their interim period budget to have 11 

### the federal match; is that correct of what you're 12 

### saying? 13

### MR. GHANTA: I -- that's correct, that we 14


### would not want those allowances to be taken from 15 

### the 2022 to '24 pool that they would be 16 

### additional. So there's already the federal match 17 

### that's above and beyond the federal pool -- 18

### MR. HARVEY: Okay. 19

### MR. GHANTA: -- 300 million. And then we 20 

### would say another 300 million should be -- 21

### MR. HARVEY: Okay. 2261

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### MR. GHANTA: -- additional. 1 

### MR. HARVEY: Okay. And with respect to 2 

### the retirement point that you made -- 3


### MR. GHANTA: Uh-huh. 4 

### MR. HARVEY: -- are you proposing an 5 

### alternative? I heard a concern, but I didn't 6 

### hear an alternative approach, and I was -- 7


### MR. GHANTA: Yes. 8 

### MR. HARVEY: -- curious if you had one. 9


### MR. GHANTA: And -- and we are aware that 10 

### in the proposal EPA teed up some other 11 

### alternative options and then taking comment on a 12 

### few other additional, we'll be sharing that in 13 

### our written comments -- 14

### MR. HARVEY: Right. Okay. 15

### MR. GHANTA: -- in more detail. 16

### MR. HARVEY: Great. Super. 17


### MR. GHANTA: Thanks. 18

### MR. HARVEY: Okay. 19

### MR. CLOUSE: I'd just like him to -- have 20 

### him spell his name for the court reporter. 21

### MR. GHANTA: Oh, sure. First name is 2262

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### Venu, V-E-N-U; last name is Ghanta, G-H-A-N-T-A. 1 

### MR. HARVEY: Thank you very much. 2 

### Okay. Cecelia Calvo. 3 

### MS. CALVO: Good morning. 4 

### MR. HARVEY: Good morning. 5 

### MS. CALVO: My name is Cecelia Calvo. I 6 

### oversee the Environmental Justice Program within 7 

### the Department of Justice, Peace, and Human 8 

### Development at the United States Conference of 9 

### Catholic Bishops. 10

### On behalf of Archbishop Thomas Wenski and 11 

### Bishop Cantu, Chairman of the Domestic Justice 12 

### and Human Development and International Justice 13 

### and Peace Committees of the United States 14 

### Conference of Catholic Bishops, I thank you for 15 

### this important and timely hearing on an issue 16 

### that clearly affects God's creation and the 17 

### entire human family. 18

### In his encyclical on ecology in Laudato 19 

### Si, Pope Francis calls on all people to care for 20 

### God's creation and our common home for the well 21 

### being of current and future generations. He 2263

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### wrote this encyclical to enter into dialog with 1 

### all people about our common home. 2 

### As Pope Francis said in his encyclical, 3 

### we need a conversation which includes everyone 4 

### since the environmental challenge we are 5 

### undergoing and its human roots concern and affect 6 

### us all. As Pope Francis said during his visit to 7 

### our nation, now is the time for courageous 8 

### actions and strategies aimed at implementing a 9 

### culture of care and an integrated approach to 10 

### combating poverty, restoring dignity to the 11 

### excluded, and at the same time protecting nature. 12

### He continued, climate change is a problem 13 

### which can no longer be left to a future 14 

### generation. When it comes to the care for our 15 

### common home, we are living at a critical moment 16 

### of history. 17

### The U.S. Bishops stand united with Pope 18 

### Francis in his call to protect creation. The 19 

### Bishops speak as people of faith, not as 20 

### technical experts. They are Pastors offering a 21 

### moral perspective rooted in a rich faith 2264

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### tradition. 1 

### On August 3rd, the day the EPA announced 2 

### its Final Rule Limiting Carbon Pollution, 3 

### Archbishop Wenski said, a new national standard 4 

### to reduce carbon pollution from existing power 5 

### plants is an important step forward to protect 6 

### the health of all people, especially children, 7 

### the elderly, and poor and vulnerable communities 8 

### from harmful pollution and the impacts of climate 9 

### change. 10

### Power plants are the largest stationary 11 

### source of carbon emissions in the United States 12 

### and a major contributor to climate change; and we 13 

### know the effects of climate change are borne by 14 

### the most vulnerable people both here and around 15


### the world. 16

### These standards are a vital step to 17 

### protecting the world's most vulnerable people and 18 

### allow the United States to exercise critical 19 

### leadership necessary for reaching a global 20 

### agreement at the upcoming negotiations on climate 21 

### change in Paris. 2265

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### As the U.S. Bishops wrote in their 1 

### statement, global climate change, a plea for 2 

### dialog, prudence, and the common good, action to 3 

### mitigate global climate change must be built upon 4 

### a foundation of social and economic justice. 5 

### Our committee chairmen support a national 6 

### standard to reduce carbon pollution and recognize 7 

### the important flexibility given to states in 8 

### determining how best to meet these goals. The 9 

### EPA's Proposed Federal Plan can serve as a model 10 

### for states as they take steps to develop their 11 

### own plans. States and local leaders know best 12 

### how to design customized plans that will reduce 13 

### carbon pollution in the most cost effective way, 14 

### help states move toward the development of clean 15 

### energy and protect poor and vulnerable people. 16 

### States have the ability to implement these 17 

### standards in a comprehensive manner and to adopt 18 

### complementary measures needed to protect poor and 19 

### vulnerable people. 20

### As the EPA and states take steps to 21 

### implement the final standards, the Bishops urge 2266

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### them to be guided by moral principles articulated 1 

### in their July 30th, 2014, letter to the EPA, 2 

### including respect for human life and dignity, all 3 

### efforts to reduce the impact of climate change 4 

### should recognize human life and dignity as the 5 

### foundation for a healthy society. 6 

### Social and economic justice -- any 7 

### additional cost that such standards may generate 8 

### must be distributed fairly. Workers should be 9 

### protected from negative effects that might arise 10 

### and should receive assistance to mitigate impacts 11 

### on their livelihoods and families. 12

### Participation -- communities should have 13 

### a voice in shaping these standards based on their 14 

### local impact, especially low income communities 15 

### whose voice is often not heard. 16

### Archbishop Wenski and Bishop Cantu 17 

### appreciate the Agency's commitment to address 18 

### this urgent global challenge confronting the 19 

### human family and call upon leaders in government 20 

### and industry to act responsibly, justly, and 21 

### rapidly to implement these standards. 2267

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### The moral measure of debate and decisions 1 

### on climate change will be whether our nation acts 2 

### with prudence to safeguard God's creation, 3 

### advance the common good, and protect humanity. 4 

### Thank you. 5 

### MR. HARVEY: Thank you. Are there 6 

### questions? Okay. Thank you both. 7 

### MR. CLOUSE: Did she spell her name? 8 

### MR. HARVEY: I'm sorry? 9 

### MR. CLOUSE: I'm not sure she spelled her 10



### name. 11

### MR. HARVEY: Yes, sorry. Could you spell 12 

### your name for the reporter again? 13

### MS. : Sure. Cecilia, C-E-C-I-L-I-A, 14 

### Calvo, C-A-L-V as in Victor-O. 15

### MR. HARVEY: Thank you. 16

### Our next two speakers are Paul Billings 17 

### and Gary Ewart. 18

### And why don't we begin with Mr. Billings. 19 

### Again, thanks to Matt's reminders. Please start 20 

### by spelling your name for the reporter. 21

### MR. BILLINGS: Sure. Good morning, I'm 2268

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### pleased to offer my comments today supporting the 1


### Clean Power Model Rules and Federal Plan. 2 

### My name is Paul Billings, P-A-U-L, 3 

### B-I-L-L-I-N-G-S. I'm a Senior Vice-President for 4 

### Advocacy of the American Lung Association. The 5 

### American Lung Association is the nation's oldest 6 

### voluntary health organization. Our mission is to 7 

### save lives by improving lung health and 8 

### preventing lung disease. 9 

### Today is World COPD Day. It's a day when 10 

### we raise awareness about Chronic Obstructive 11 

### Pulmonary Disease. COPD is the term we use to 12 

### describe emphysema and chronic bronchitis. For 13 

### everyone, but especially people with chronic lung 14 

### disease, climate change is a major public health 15 

### threat. Communities across the country are 16 

### already experiencing its impacts, including more 17 

### dangerous ozone and particle pollution in the air 18 

### they breathe. 19

### The Clean Power Plan is a major step 20 

### forward to protect public health from the impacts 21 

### of climate change. The American Lung Association 2269

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### was proud to support the Clean Power Plan and is 1 

### now working in states across the country to 2 

### ensure the rule is implemented in a way that 3 

### maximizes the benefits to human health. 4 

### Protecting health means not only reducing 5 

### the carbon pollution that causes climate change 6 

### but also ensuring the EPA's projections for the 7 

### health benefits that will come from reducing 8 

### other dangerous air pollutants alongside carbon 9 

### are achieved. These benefits include preventing 10 

### up to 3,600 premature deaths, preventing 90,000 11 

### asthma attacks, and avoiding 300,000 days missed 12 

### from work and school each year starting in 2030. 13

### As I've testified before, clean healthy 14 

### air is personal for me and my family. My wife 15 

### and are blessed to have two active daughters. 16 

### Our youngest runs track. She's a sprinter, but 17 

### she also has asthma; and hot smoggy days make it 18 

### harder for her to breathe. Smog induced asthma 19 

### can be more than the difference between winning 20 

### and losing the race. It can be much more serious 21 

### for her, leading to wheezing and struggling for 2270

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### breath. 1 

### In my wife's fifth grade class in 2 

### Wheaton, Maryland, there are far too many 3 

### children with asthma who are at risk from air 4 

### pollution. Their families, my family, and 5 

### millions of others with asthma, COPD, and other 6 

### chronic conditions need states to write and 7 

### implement strong plans to reduce carbon emissions 8 

### and reduce the other dangerous pollutants at the 9 

### same time. 10

### It is critical that EPA finalize a strong 11 

### federal plan as a backstop for any states that do 12 

### not comply with the Clean Power Plan as well as a 13 

### strong Model Rule to provide guidance to the 14 

### states that will comply. 15

### The American Lung Association will submit 16 

### detailed comments to the docket, so I'll focus my 17 

### remarks on two aspects of the Model Rule and 18 

### Federal Plan. The importance of preventing 19 

### leakage and ensuring that states switch to 20 

### cleaner alternative energy sources that best 21 

### protect lung health. 2271

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### We support EPA's commitment to ensure 1 

### that reductions in carbon emissions are real and 2 

### not just apparent. We were glad to see that EPA 3 

### recognized that some of the actions could result 4 

### in leakage or additional emissions that would 5 

### come as a side effect in the plans. We support 6 

### EPA providing the strongest possible tools for 7 

### states to use in the Model Plan and the Federal 8 

### Plan to prevent an additional carbon emissions. 9 

### We are concerned about the aspects of the 10 

### plan that would encourage states to use sources 11 

### of energy that have harmful health impacts. In 12 

### the Model Rules for rate-based plans EPA would 13 

### allow states to take credit for using biomass and 14 

### waste energy as alternatives to coal and natural 15


### gas. 16

### The American Lung Association opposes 17 

### burning biomass or waste to provide electricity 18 

### because of the harmful -- the emissions of 19 

### harmful air pollutants that they produce, 20 

### including particulate matter and possible air 21 

### toxics from waste products. The Clean Power Plan 2272

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### should not encourage states to transition from 1 

### one -- from burning one harmful source like coal 2 

### to burning another harmful one like waste 3 

### products. 4 

### We are pleased that the Federal Plan 5 

### would not allow these fuel options and encourage 6 

### EPA to strengthen the Model Rule to eliminate 7


### them as well. 8 

### We are pleased under the Clean Energy 9 

### Incentive Program EPA will provide incentives to 10 

### states to adopt the earliest -- or adopt early 11 

### the cleanest alternative sources -- wind and 12 

### solar. Both are fully capable of adding great 13 

### capacity to our energy supply while not adding 14 

### additional harmful pollution to the air we 15


### breathe. 16

### On behalf of the millions of Americans 17 

### with chronic lung disease on World COPD Day, we 18 

### appreciate the opportunity to provide these 19


### comments on EPA's Model Rule and Federal Plan. 20 

### We call on you to finalize strong plans that will 21 

### drive the shift to cleaner energy sources that 2273

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### will best protect health from harmful air 1 

### pollution. Thank you very much. 2 

### MR. HARVEY: Thank you, Mr. Billings. 3 

### We'll move on to our next speaker, Gary 4 

### Ewart. You can start by spelling your name. 5 

### MR. EWART: Thank you very much. I am 6 

### Gary Ewart, G-A-R-Y, E-W-A-R-t; and I'm with the 7 

### American Thoracic Society. 8 

### The American Thoracic Society is a 9 

### medical professional organization of about 15,000 10 

### physicians, researchers, nurses, respiratory 11 

### therapists, and other allied health professionals 12 

### who care about lung disease. So when you hear 13 

### people talk about COPD or asthma, we are the 14 

### physicians who do a lot of the treatment of 15 

### patients with severe respiratory illnesses. 16

### I'm pleased to offer our comments today 17 

### and pleased that the administration is moving 18 

### forward with the Clean Power Plan. This is an 19 

### essential rule that will have important public 20 

### health benefits for today and for generations to 21



### come. 2274

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### It should be obvious to most folks, but 1 

### it bears repeating that the evidence on climate 2 

### change is unequivocable [sic]. We believe that 3 

### the science base from several lines of inquiry 4 

### makes it clear that the human contributions to 5 

### our environment is changing our globe and our 6 

### environment in ways that are unsustainable, and 7 

### immediate action is required. And we're very 8 

### supportive of EPA's steps on this. 9 

### But it's not just the science base. We 10 

### recently did a survey of U.S. members of the 11 

### American Thoracic Society asking them their 12 

### comments and views on climate change. Eighty13 

### nine percent of respondents felt that climate 14 

### change was happening; 68 percent judge that 15 

### climate change is being driven entirely or mostly 16 

### by human activity. That number goes up even 17 

### higher when it's a 50-50 split between human 18 

### activity and nature. Sixty-five percent believe 19 

### that climate change is directly relevant to 20 

### patient care. And the free text responses show 21 

### that physicians in the United States today are 2275

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### already seeing what they believe to be the health 1 

### effects of climate change in the patients they're 2 

### treating today. 3 

### The ATS has also published a workshop 4 

### that summarizes what we believe some of the 5 

### likely respiratory health effects of climate 6 

### change are, including longer growing seasons 7 

### leading to more intense and longer allergy 8 

### seasons, higher average temperatures leading to 9 

### the creation of more ozone which will reduce air 10 

### quality as well as higher energy demands from 11 

### summer heat waves which will likely lead to more 12 

### particulate matter. Summer heat waves are also 13 

### going to result in higher heat wave deaths as 14 

### we've seen in communities across the country in 15 

### summertimes [sic]. We also believe that climate 16 

### change is going to increase the spread of vector 17 

### borne diseases. 18

### So let me transition to some thoughts 19 

### that the American Thoracic Society would like to 20 

### offer as states begin their state planning for 21 

### meeting the Clean Power Plan implementation 2276

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### process. 1 

### First of all, co-benefits. We as a 2 

### society are very bad about making decisions that 3 

### are painful today for future benefit. 4 

### Fortunately, this is one of those decisions that 5 

### does not have only future benefit because as my 6 

### colleague, Mr. Billings, mentioned today, the 7 

### steps that we will take to reduce carbon 8 

### emissions will also have co-benefits in reducing 9 

### other emissions such as ozone, particulate 10 

### matter, and other hazardous pollutants. We will 11 

### see immediate benefits in reductions of those 12 

### emissions which will lead to immediate 13 

### improvements in health and lung function, and 14 

### reduced asthmas visits, and reduced 15 

### hospitalizations and death. 16

### The evidence is pretty clear that ozone 17 

### particulate matter and other hazardous air 18 

### pollutants have a direct impact on our health 19 

### today. As we reduce carbon emissions from our 20 

### power plants, we're going to see co-benefit 21 

### reductions in ozone, particulate matter, and 2277

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### other hazardous pollutants. And as EPA and the 1 

### states go through the planning process, we should 2 

### keep that in mind. 3 

### Second, I would encourage all states as 4 

### they do their planning and implementation process 5 

### to actively involve the physician and scientific 6 

### community. The ATS and our sister organizations 7 

### have a wealth of information that we think can be 8 

### helpful as states engage in the planning process. 9 

### We'd encourage states to actively reach out to 10 

### the physician community. 11

### We also would encourage states to beware 12 

### the lure of biomass fuels. While each energy 13 

### source has its own strengths and weaknesses, 14 

### we're -- the ATS is particularly concerned that 15 

### many states are not aware of the full health risk 16 

### portfolio of biomass fuels. Particularly burning 17 

### biomass fuels has the likelihood of increasing 18 

### particulate matter emissions as well as ozone and 19 

### other hazardous air pollutants. So we would 20 

### encourage states to become fully informed on the 21 

### risks of biomass fuel before embracing that as a 2278

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### viable option as an alternative energy source. 1 

### And last, we would encourage EPA to do 2 

### everything in its power to encourage states to 3 

### move forward and to not delay the process because 4 

### delaying the process is going to be harmful today 5 

### for people who are exposed to the air pollution 6 

### that is being emitted from sources today. So we 7 

### would urge EPA to hold states accountable and 8 

### move forward swiftly with development 9 

### implementation of Clean Power Plans. Thank you 10 

### very much. 11

### MR. HARVEY: Thank you. Questions? 12 

### Thank you both. 13

### Our next pair of speakers Janice Nolen 14 

### and Jessica Eckdish. We'll begin with Ms. Nolen. 15 

### If you would start by spelling your name, please. 16

### MS. NOLEN: Sure. Good morning. Thank 17


### you. 18

### My name is Janice, J-A-N-I-C-E, Nolen. 19 

### That's N as in Nancy-O-L-E-N. 20

### I'm Assistant Vice-President for National 21 

### Policy for the American Lung Association. 2279

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### I appreciate this opportunity to share 1 

### our perspective on some aspects of the Proposed 2


### Federal Plan and Model Rules under the Clean 3 

### Power Plan. As noted earlier, I will submit our 4 

### complete comments into the docket. 5 

### The American Lung Association represents 6 

### millions of Americans with life-changing lung 7 

### diseases. Just to name a few, we speak up for 8 

### the more than 7 million children with asthma, and 9 

### more than 11 million adults with Chronic 10 

### Obstructive Pulmonary Disease. 11

### Recent years have showcased the risks 12 

### that Americans, but especially people with lung 13 

### disease, face from climate change. For example, 14 

### this year the heat and drought fostered smoke 15 

### from wildfire blazes. As the Washington Post 16 

### noted, during the week of July 8th more than 700 17 

### fires in Alaska and Canada were blowing smoke 18 

### that created unhealthy air pollution levels in 19 

### Minneapolis and Colorado. Smoke from wildfires 20 

### triggers asthma attacks and increases the risk 21 

### that a person with COPD will need emergency care 2280

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### because she cannot breathe. Wildfire smoke can 1 

### even shorten life. To battle events like this 2 

### and to keep them from increasing, we need to 3 

### target emissions that worsen climate change. 4 

### Reducing carbon pollution using the 5 

### emission standards set in the Clean Power Plan 6 

### can help us do that. We anticipate that the 7 

### states will be able to use the recommendations in 8 

### these plans to reduce carbon emissions even more 9 

### than the plan requires. 10

### We support EPA's effort to help the 11 

### states develop and adopt effective plans to 12 

### reduce their carbon emissions. Having model 13 

### plans to use will help the states focus their 14 

### time and effort on choosing the steps that work 15


### best for them. 16

### My comments will focus on the proposed 17 

### guidance for the Clean Energy Incentive Program. 18 

### We strongly support the program as a promising 19 

### encouragement to all states to start now to 20 

### invest in clean renewable energy sources of wind 21 

### and solar. We are pleased that EPA has the full 2281

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### program in the Federal Plan; however, in the 1 

### Model Plans states can opt out of the broad 2 

### opportunity for renewable energy and improved 3 

### energy efficiency programs. We recommend that 4 

### EPA incorporate the program elements fully in the 5 

### Model Rule -- in the Model Plan rather than 6 

### leaving this as an option for states to decide 7


### later. 8 

### In particular, we strongly support the 9 

### Clean Energy Incentive Program's component that 10 

### focuses on energy efficiency improvements in low 11 

### income communities. Many residents in low income 12 

### communities could benefit from having repairs 13 

### done to their homes that can cut their energy 14 

### bills and make their homes warmer. Communities 15 

### will also benefit from the additional jobs that 16 

### would be created to fix those homes. 17

### However, these communities remain at risk 18 

### unless EPA acts to strengthen the proposals. 19 

### While the energy efficiency incentives are 20 

### welcome, EPA needs to do more in the model rule 21 

### and the FIP to ensure that low income communities 2282

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### don't continue to bear the outsized burden of 1 

### pollution under this plan. 2 

### Low income communities have suffered the 3 

### problems from pollution from our nation's coal 4 

### fired power plants for far too long. They've 5 

### lived near these plants where they breathe the 6 

### worst of the pollution, including toxic emissions 7 

### like arsenic, lead, and carcinogens like benzene 8 

### spewed uncontrolled for far too long. They are 9 

### suffering more from changes that climate change 10 

### brings since research documents that air 11 

### pollution harms poorer people more than those 12 

### with higher incomes, in part, because they are 13 

### more likely to have diseases like asthma that 14 

### puts them at greater risk. 15

### We remain concerned that some states will 16 

### adopt a plan that does not recognize the 17 

### disproportionate -- the continued 18 

### disproportionate burden and fails to reduce 19 

### emissions from all sources. 20

### Each state plan should step up to make 21 

### sure that the steps taken in their plans do not 2283

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### continue to disproportionately burden those who 1 

### live near the plants. EPA should call on the 2 

### states to address this issues specifically in 3 

### their plans and develop some model approaches for 4 

### the states to use and to be in the FIP that would 5 

### recognize these concerns. 6 

### In closing, the Clean Energy Incentive 7 

### Program offers great opportunities for advancing 8 

### action that will meet the target of the Clean 9 

### Power Plan but their program could be stronger in 10 

### the Model Rule and in the FIP so that they will 11 

### best help the communities that they intend to 12 

### serve. Thank you. 13

### MR. HARVEY: Thank you, Ms. Nolen, very 14


### much. 15

### Are there questions, comments? 16


### MR. CLOUSE: No. 17

### MR. HARVEY: Thank you. Our next speaker 18 

### is Jessica Eckdish. If you would start by 19 

### spelling your name, please? 20

### MS. ECKDISH: Sure. Good morning. My 21 

### name is Jessica Eckdish. That's E-C-K-D-I-S-H. 2284

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### And I am speaking today as a representative of 1 

### the Sierra Club. 2 

### I appreciate the opportunity to express 3 

### support for the Clean Power Plan and comment on 4 

### EPA's Proposed Federal Implementation Plan, or 5


### FIP. 6 

### Fossil -- fossil fuel fired power plants 7 

### are the single largest source of climate 8 

### pollution in the United States, representing 40 9 

### percent of our total CO2 emissions. Power plants 10 

### also emit conventional and toxic air pollutants 11 

### that contribute to respiratory and heart diseases 12 

### as well as premature death. These emissions are, 13 

### therefore, a significant driver of climate change 14 

### and pollution in nearby communities. 15

### The Clean Power Plan finalized this 16 

### summer sets the first ever carbon pollution 17 

### standards for our country. These safeguards will 18 

### protect our air, our water, our climate, and the 19 

### health of our communities. 20

### By implementing these safeguards, the 21 

### Clean Power Plan will lead to significant climate 2285

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### and public health benefits. EPA has estimated 1 

### that by 2030 the Clean Power Plan will prevent 2 

### 150,000 asthma attacks and up to 6,600 premature 3 

### deaths annually. 4 

### The standard is also critical to meeting 5 

### our international climate goals, or INDC and 6 

### providing, among other efforts, a solid 7 

### foundation for U.S. climate leadership. But in 8 

### order to truly achieve the benefits of this plan, 9 

### the states must develop implementation plans with 10 

### specific pollution controls tailored to local 11 

### conditions. 12

### As the Clean Power Plan gives states the 13 

### flexibility to decide the appropriate pollution 14 

### reduction measures to meet the standard, it is 15 

### critical that EPA be in a position to strongly 16 

### uphold the emission reduction targets outlined in 17


### the Clean Power Plan. 18

### If a state fails to adopt and implement 19 

### an adequate plan, EPA is required to issue and 20 

### enforce a Federal Implementation Plan. States 21 

### may also choose to accept the plan as an 2286

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### alternative to developing their own plan. 1 

### It is, therefore, critical for the health 2 

### of our planet and our communities that EPA 3 

### finalize a Federal Implementation Plan that is 4 

### adequately strong and just. In order to ensure 5 

### that the Model FIP is strong and just, there are 6 

### five things EPA must ensure that the FIP covers. 7 

### First, EPA should ensure that carbon 8 

### pollution standards in the Model Federal Plan 9 

### achieve the pollution reductions promised in the 10 

### Final Clean Power Plan or even further 11 

### reductions. 12

### Second, EPA should ensure that states 13 

### address potential carbon pollution from new power 14 

### plants to achieve overall electric sector 15 

### reductions in carbon pollution. 16

### Third, EPA should protect low income 17 

### consumers by maximizing utility's incentives to 18 

### invest in energy efficiency which lowers 19 

### household energy bills. 20

### Fourth, ensure that the Model Plan 21 

### protects and benefits minority, low income, and 2287

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### indigenous communities that have long borne the 1 

### brunt of fossil fuel pollution. 2 

### And lastly, resist give-aways of 3 

### allowances to polluting sources. 4 

### The Clean Power Plan will clean up our 5 

### air and address climate pollution while also 6 

### modernizing how we power our country and our 7 

### economy, spurring innovation and creating 8 

### thousands of jobs and billions of dollars in new 9 

### investments. But it's critical that the backstop 10 

### of the Federal Implementation Plan is strong and 11 

### just so we can fully realize these benefits. 12

### Thank you for this opportunity to 13 

### testify. I urge the EPA to swiftly finalize the 14 

### Model FIP and protect our health and planet. 15 

### Thank you. 16

### MR. HARVEY: Thank you, Ms. Eckdish. 17

### Would you mind repeating your second 18 

### point? You were moving pretty quickly. 19

### MS. JONES: I was going to ask the same 20 

### thing. 21

### MS. ECKDISH: Sure. Sorry about that. 2288

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### MR. HARVEY: Well, good. Both of us have 1 

### the same question. 2 

### MS. ECKDISH: And these will be included 3 

### in -- in submitted testimony as well. 4 

### MR. HARVEY: Just read it more slowly. 5 

### MS. ECKDISH: The second point is ensure 6 

### that states address potential carbon pollution 7 

### from new power plants to achieve overall electric 8 

### sector reductions in carbon pollution. 9 

### MR. HARVEY: Okay. Thank you. Thank you 10


### both. 11

### Our next pair of speakers are Anna 12 

### Kasibhatla and Scott Burger. We'll begin with 13 

### Ms. Kasib. When you're ready, please start by 14 

### spelling your name and -- and then we'll start 15 

### the timer. 16

### MS. KASIBHATLA: Absolutely. Anna, 17 

### A-N-N-A, Kasibhatla, K-A-S-I-B-H-A-T-L-A. 18

### MR. HARVEY: Thank you. We're ready. 19

### MS. KASIBHATLA: Okay. I would like to 20 

### begin by saying that this morning when I woke up, 21 

### I had no idea that I would be testifying in front 2289

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### of the EPA. I thank you for the accessibility of 1 

### this platform for public participation in the 2 

### policymaking process. 3 

### Today I am asking the EPA to consider the 4 

### moral and political obligation to maintain a 5 

### strong and consistent position on climate action 6 

### and to thank the EPA for this step forward in 7 

### combating climate disruption. 8 

### I feel that it is important to not 9 

### appropriate the voices or stories that do not 10 

### belong to me. So today I will be speaking to the 11 

### ways in which climate change affects my life and 12 

### my communities. As a student I feel an 13 

### intellectual obligation to understand the complex 14 

### processes and collective action problems that 15 

### contribute to massive climate disruption, and to 16 

### use the academic resources available to me to 17 

### work to mitigate these devastating effects and to 18 

### address the root causes of the problems rather 19 

### than treating the symptoms, and to encourage my 20


### fellow students to do the same. 21

### As a person of faith, I feel a moral 2290

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### obligation to act as a steward of a better earth, 1 

### an earth renewed, an earth in which people of 2 

### color and low income communities do not have to 3 

### suffer from the effects of unmitigated emissions 4 

### and problematic practices. 5 

### As a daughter of the country of India, I 6 

### feel fear and frustration at the climate 7 

### injustices that displace the economically 8 

### marginalized members of my communities such as 9 

### drought and flooding. As a resident of North 10 

### Carolina, I feel an obligation to voice the 11 

### passions of my peers and community as we continue 12


### to observe and feel the adverse affects of 13 

### hydraulic fracturing and sea level rise. 14

### As an activist in Washington, D.C., I 15 

### feel called to empower and urge the EPA to 16 

### implement effective policy solutions like the 17 

### Clean Power Plan in order to mitigate the adverse 18 

### affects of climate disruption, restore stability 19 

### to those who have suffered from this disruption 20 

### and to call on our leaders to prioritize climate 21 

### disruption as a major area of concern worthy of 2291

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### bold actions and generous attention. 1 

### This issue threatens my generation. It 2 

### threatens the world that I love, and it threatens 3 

### the world that I hope for. 4 

### Leaving you with these thoughts, I would 5 

### like to thank the EPA again for its bold steps 6 

### forward and to ask the EPA to continue to lead 7 

### the fight against climate disruption. Thank you. 8 

### MR. HARVEY: Thank you very much. 9 

### Our next speaker, if you could start by 10 

### spelling your name? 11

### MR. BURGER: Certainly. 12

### Good morning. My name is Scott Burger. 13 

### It's B-U-R-G-E-R, like hamburger. 14

### I'm a citizen of the City of Richmond. I 15 

### thank you for allowing me to speak today. I'm 16 

### also a volunteer with the local Sierra Club, and 17 

### I'm here to speak in support of the Clean Power 18


### Plan. 19

### Just a little bit about myself -- I grew 20 

### up in Norfolk, Virginia, right near -- in a 21 

### neighborhood right near the coal piers and coal 2292

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### trains. And early on I was very aware of the 1 

### coal dust that was being put out into my local 2 

### environment. I -- although I don't suffer, 3 

### myself, from asthma, I knew many people who did. 4 

### It was a very prevalent problem which I do -- I 5 

### think is directly related to the -- the coal that 6 

### was coming through. And certainly I'm much more 7 

### aware now of the threat of climate change to my 8 

### former city. Sea level rise is definitely a 9


### threat. 10

### Like I said, I now live in Richmond. And 11 

### unfortunately, it also has a huge prevalence of 12 

### asthma. It's one of the asthma capitals in the 13 

### United States. There's coal plants to our 14 

### southwest which have an effect on our long-term 15 

### health. There's also -- where I live in Richmond 16 

### is surrounded by highways which I know is -- puts 17 

### out a lot of its own CO2 and -- and a lot of its 18 

### own health problems. And I know by living there 19 

### I am having a direct impact on my long-term 20


### health. 21

### I also am aware that Richmond is -- is 2293

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### redoing its port; and I'm also concerned about 1 

### what that's going to mean in terms of clean air 2 

### in Richmond. A lot of people aren't aware of how 3 

### much these ships do have an effect on the air 4 

### quality. 5 

### But there are a lot of beneficial 6 

### effects, I think, in addition in terms of 7 

### ameliorating these problems but also other 8 

### beneficial effects of the Clean Power Plan. One 9 

### thing I am happy to say and one reason why I do 10 

### still live in Richmond is the resurgence of 11 

### wildlife, more specifically the fish in the James 12 

### River. I think that can directly be related to 13 

### efforts to clean up the air quality and water 14 

### quality in Virginia. 15

### I'm also looking forward to seeing how 16 

### this might have an impact on the transportation 17 

### policy -- local transportation policy in 18 

### particular. Right now Richmond's at a nexus 19 

### where we see a lot of coal trains going from West 20 

### Virginia to Norfolk, frankly, to maybe go to 21 

### China. I don't know, but -- but it's -- it's a 2294

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### real problem in that it stifles a lot of chances 1 

### to do more with passenger rail. And I think once 2 

### we address a lot of the problems with the coal 3 

### industry and maybe that dissipates a bit more, 4 

### we'll see more opportunities for high speed rail, 5 

### passenger rail that will further clean up our 6 

### highways. 7 

### I'll also say that I'm a big believer in 8 

### solar energy, distributed energy. Right now we 9 

### have a -- pretty much monopoly with Dominion 10 

### Power. We have a grid that's, frankly, almost 11 

### antique. When we've seen hurricanes come through 12 

### Richmond, my neighborhood, which is a stone's 13 

### throw away from Dominion Power Headquarters has 14 

### lost power for, you know, two weeks, which is 15 

### ridiculous. And it has a big effect on a lot of 16 

### the poorer neighborhoods in Richmond. 17

### And so, I think solar distributed energy 18 

### will actually do a lot -- not just in terms of, 19 

### again, affecting the fossil fuel use, but also 20 

### having a more resilient grid. It has -- it has a 21 

### huge effect, I think, in powering communities. I 2295

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### put a solar on my house, and one of the side 1 

### effects actually was improving the micro grid in 2 

### my neighborhood to the point where Dominion had 3 

### to come through and make sure that everyone had 4 

### the right amount of voltage. And it was a much 5 

### more resilient micro grid. 6 

### So I think those are some of the other 7 

### benefits of -- of supporting the Clean Power 8


### Plan. 9 

### I think it needs to go further. I am 10 

### concerned about some of the bad effects that bio 11 

### mass, fracking, certainly nuclear power, waste 12 

### incineration -- I agree very much with the Green 13 

### Party that the Clean Power Plan is a great step, 14 

### but it doesn't go far enough. And so, I'll leave 15 

### it at that; but I am appreciative of the EPA's 16 

### efforts. Thank you. 17

### MR. HARVEY: Thank you, Mr. Burger, for 18 

### joining us from Richmond. Are there questions? 19

### All right. Thank you both. 20

### MR. BURGER: Thank you. 21

### MR. HARVEY: I will observe that I -- I 2296

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### need some speaker cards. I don't have any at 1 

### this point. 2 

### (Pause.) 3 

### Aha, here they come. 4 

### (Pause.) 5 

### Our next two speakers are Ivy Main and 6 

### Lindsey Mendelson. Good morning. 7 

### MS. MAIN: Good morning. My name is Ivy 8 

### Main, I-V-Y, M-A-I-N. Thank you for the 9 

### opportunity to speak to the Federal 10 

### Implementation Plan. I am a resident of 11 

### Virginia. I'm an energy policy analyst. I'm 12 

### focused on Virginia energy law and policy. I'm 13 

### also a volunteer with the Sierra Club, but I'm 14 

### testifying on my own behalf today. 15

### First of all, I want to say how -- what a 16 

### game changer the Clean Power Plan is even in a 17 

### state like Virginia, and I know we basically got 18 

### a pass on it. And our -- our analysis, we're -- 19 

### we're basically -- if all we did was meet new 20 

### demand with energy efficiency wind and solar, 21


### we'd be there. 2297

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### So -- but that's sad. What it has done 1 

### is change the conversation. All of a sudden 2 

### carbon is no longer something that's kind of out 3 

### there, maybe somebody will address it someday. 4 

### It is now integral to our energy planning, and 5 

### that is a major step forward in how people think. 6 

### And I work very closely with the wind and solar 7 

### industries, and they are very excited about the 8 

### opportunities this will mean even in a state like 9 

### Virginia which -- where we're not expecting huge 10 

### things from the plan itself. It's just the way 11 

### people are now addressing environmental issues, 12 

### and carbon issues, and energy issues. And that's 13 

### a tremendous change that we're seeing. 14

### The -- you had sort of asked -- I think 15 

### because of my work in the south, I know there are 16 

### a lot of states that are not in a hurry to do 17 

### their own state plans, and so the Federal 18 

### Implementation Plan is going to be very 19 

### important, I think, not only for those states 20 

### that aren't moving forward but also for states 21 

### that really are slow and looking for guidance. 2298

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### And so, the federal will -- plan -- will serve as 1 

### a model for everybody. 2 

### It seems to me you're going to have to 3 

### have two plans. I know there was a question of 4 

### whether you do one or two. Kind of from a legal 5 

### point of view I don't see how you get away from 6 

### doing the rate-based plan, but the mass-based 7 

### plan is so much easier for people to understand; 8 

### and I think it will be so much easier to do a 9 

### trading scheme. So -- so, I think we'd like to 10


### see that as well. 11

### The -- the one thing that I really felt 12 

### that the Clean Power Plan didn't handle as well 13 

### as it could have is biomass. And we are seeing 14 

### tremendous pressure on the forests of the 15 

### southeast already on -- as a result of people 16 

### burning woody biomass for power. And often 17 

### because Renewable Portfolio Standards allow 18 

### certain levels of biomass, that has been a 19 

### problem. There's no reason for a federal plan to 20 

### get into that quagmire. 21

### And you -- in the next 15 years during 2299

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### the time period of the Clean Power Plan, there's 1 

### no CO2 benefit to burning woody biomass. In 2 

### fact, we're losing the abilities of the forest to 3 

### sequester carbon, so it's a net negative. And 4 

### so, I would urge the EPA to leave biomass out of 5 

### it there. I don't think there's any easy way to 6 

### bring biomass, especially woody biomass, into it. 7 

### And -- and there's so much to be said for keeping 8 

### this as simple and straightforward as possible. 9 

### And the last thing that I wanted to raise 10 

### -- and I saw Matt Clouse at the Maryland, D.C., 11 

### Virginia Solar Energy Industries Association 12 

### meeting over the last two days, but there is a 13 

### lot of excitement among the solar industry but 14 

### also a feeling that when it comes to setting up 15 

### the RECs and the ERC -- the ERC market, it's 16 

### really important to keep this simple. 17

### And the trading is going to be a big part 18 

### of this. It's a big part of what's going to help 19 

### renewable energy. If -- if the REC market 20 

### doesn't transition easily to an ERC market, we're 21 

### losing opportunities. So, we have to be really 22100

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### careful to not just keep it simple but ensure 1 

### that if you've got some -- somebody holding an 2 

### ERC, there shouldn't be somebody else holding a 3 

### REC for that same unit of power because 4 

### somebody's missing the point if that happens. 5 

### I realize, you know, poor RPS laws mean 6 

### that there are now -- there is now a big 7 

### opportunity for overlap, but I think a good 8 

### trading plan from EPA can resolve that. 9 

### I see my time is up, so I'll stop. Thank 10


### you. 11

### MR. HARVEY: Thank you, Ms. Main. 12

### MS. JONES: Hi. Thank you. Earlier you 13


### noted the need for both the rate and a mass-based 14 

### approach in finalizing the federal plans. Could 15 

### you elaborate on just exactly how you see or 16 

### would envision a dual approach federal plan 17 

### working? 18

### And the second piece -- second part of 19 

### the question would be could you also elaborate on 20 

### the legal concerns that you noted with finalizing 21 

### just one of the two approaches? 22101

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### MR. HARVEY: Maybe before you answer, if 1 

### you could be clear about whether you were 2 

### referring to finalizing two model rules, or as -- 3 

### as Toni was suggesting that we -- 4 

### MS. KASIBHATLA: I -- I guess my concern 5 

### is that the -- the legal foundation -- and I have 6 

### to say I -- I am a lawyer, but I have not studied 7 

### this myself, so my understanding is that the 8 

### legal foundation of the Clean Power Plan is 9 

### really based on the per plant approach which 10 

### means that I think the rate-based approach is on 11 

### the strongest legal grounds, but we're hearing a 12 

### lot of states are interested in the mass-based 13 

### approach. And so I would want the federal 14 

### approach to make it as easy as possible to set up 15 

### these trading regimes. And that's why we'd want 16 

### to see a mass-based approach offered, but I -- 17 

### but I would think that you would then need to 18 

### have the rate-based approach to address the 19 

### concerns. But -- but I'm -- you know, I'm not an 20 

### expert on that, so I -- I would not want to hold 21 

### myself out on that. 22102

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### I just want to make this as easy as 1 

### possible for a lot of states that really need 2 

### guidance on it and are going to be looking to the 3


### EPA for a model rule. 4 

### MS. JONES: Thank you for the 5 

### clarification. 6 

### MR. HARVEY: Our next speaker is Lindsey 7 

### Mendelson. Please start by spelling your name. 8 

### MS. MENDELSON: Hello. My name is 9 

### spelled L-I-N-D-S-E-Y, M-E-N-D-E-L-S-O-N. And 10 

### I'm a Global Warming Solutions Fellow with 11 

### Environment America. 12

### Thanks to the EPA, and the Obama 13 

### Administration, and to the President for moving 14 

### forward with the Clean Power Plan and limiting 15 

### global warming pollution from power plants, the 16 

### single largest source of pollution in the United 17 

### States, is a critical step forward to protect our 18 

### children from the worst impacts of climate 19 

### change. 20

### On behalf of Environment America I really 21 

### appreciate this opportunity to write feedback on 22103

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### the draft Model Rule for States and the Draft 1 

### Federal Implementation Plan. 2 

### Every day it becomes clearer that global 3 

### warming is happening now, and it's already 4 

### hitting too close to home. In fact, we released 5 

### a report last week in dozens of states, and our 6 

### study found that 96 percent of Americans live in 7 

### counties that have been recently impacted by 8 

### Federally declared weather disasters. And these 9 

### -- many of these weather events have become more 10 

### frequent and more severe in a warming world. 11

### And from the drought in California to 12 

### extreme rainfall in South Carolina and to 13 

### historic flooding in Texas, these signs show that 14 

### we need to act urgently; and -- and that's why 15 

### it's imperative that we implement the Clean Power 16 

### Plan as quickly as possible and accelerate our 17 

### transition to clean energy. 18

### We know that global warming is largely 19 

### caused by carbon pollution, and we should do 20 

### everything in our power to invest in energy 21 

### resources that do not contribute to global 22104

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### warming. 1 

### States across the country have the vast 2 

### potential to shift to clean energy. For 3 

### instance, America has a potential to power itself 4 

### 10 times over with the wind that blows both over 5 

### our land and the east coast. And Virginia has an 6 

### excellent potential to develop offshore and wind 7 

### energy farms; and Georgia can utilize its coastal 8 

### areas for offshore wind. 9 

### The United States also has the potential 10 

### to produce more than 100 times as much 11 

### electricity from solar PV and concentrating solar 12 

### power installations as the nation consumes each 13 

### year. In fact, each of the 50 states has a 14 

### potential to generate far more electricity from 15 

### the sun than its residents consume. 16

### Across the nation last year a home or a 17 

### business installed a solar energy system every 18 

### 2.5 minutes. According to the last solar jobs 19 

### census from the Solar Foundation, the solar 20 

### industry employed more than 170,000 people last 21 

### year and remains among the most rapidly growing 22105

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### sectors in the U.S. economy. 1 

### In addition to that, Colorado has solar 2 

### potential to power the entire state 362 times 3 

### over; and Virginia could actually produce nearly 4 

### 20 times as much power as it uses through solar 5


### energy. 6 

### And energy efficiency offers vast 7 

### untapped potential to get more done using less 8 

### electricity. It's actually our cheapest and 9 

### quickest tool to prevent global warming 10 

### pollution. And -- and the American Council for 11 

### Energy Efficient Economy estimates that we could 12 

### actually reduce overall energy use from our 13 

### economy by 40 to 60 percent by 2050. And even as 14 

### our economy grows by deploying better technology 15 

### in our buildings industry in our homes, and in 16 

### investing in these energy efficiency programs on 17 

### this scale would create more than a million jobs 18 

### and boost our economy on the order of hundreds of 19 

### millions of dollars per year. 20

### In order to address the climate crisis we 21 

### need to accelerate towards 100 percent clean 22106

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### energy. As the EPA finalizes the Model Rule and 1 

### the Federal Implementation Plan, we strongly 2 

### encourage you to ensure that these programs 3 

### encourage investment in clean energy resources 4 

### such as wind, solar, and energy efficiency as 5 

### much as possible. 6 

### I have a few specific recommendations on 7 

### the proposed Model Rule and the Federal Plan. 8 

### The faster that the EPA can finalize the Model 9 

### Rule and the more certainty states have as they 10 

### develop their compliance plan, the quicker they 11 

### can move forward. And that's why we urge the EPA 12 

### to consider while there are some components of 13 

### the rule can be finalized shortly after the 14 

### comment period closes. 15

### And the EPA should also apply the Federal 16 

### Plan provisions swiftly and should a state 17 

### decline to adequately care out its 18 

### responsibilities. 19

### We support EPA's proposal to issue a 20 

### federal plan for any state that does not meet one 21 

### of their interim state planning milestones, and 22107

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### we urge the EPA to do this less than one year 1 

### after finding that the state is not on track to 2 

### submit a final state plan. 3 

### Finally, the EPA must ensure that all 4 

### affected power plants abide by enforceable limits 5 

### on their emissions of global warming pollution by 6 

### applying effective accountability mechanisms. 7 

### Thank you again for the opportunity to 8 

### speak. I really appreciate EPA's effort in 9 

### moving forward with this proposal, and I urge you 10 

### to move swiftly in cleaning up our nation's power 11 

### plants. 12

### MR. HARVEY: Thank you, Ms. Mendelson. 13 

### Thank you both. 14

### Our next pair of speakers are Jacqueline 15 

### Lowe and Joelle Novey. 16

### Let's start with Ms. Lowe. If you -- if 17 

### you could first start by spelling your name? 18

### MS. LOWE: Hi, my name is Jacqueline 19 

### Lowe. That's spelled J-A-C-Q-U-E-L-I-N-E, Lowe, 20


### L-O-W-E. 21

### Good afternoon. Again, my name is 22108

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### Jacqueline. I came here today from Chesapeake, 1 

### Virginia, with the Sierra Club as a volunteer. 2 

### And I'd like to thank you for the opportunity to 3


### offer comment. 4 

### The Clean Power Plan is a historical 5 

### juncture for this country, bringing with it a 6 

### chance for us to move forward into the future of 7 

### clean energy. 8 

### The Federal Implementation Plan will be 9 

### the model for each state to create plans to 10 

### ensure that everyone reaps the benefits of the 11 

### environmental, economic, and social benefits of 12 

### reducing our carbon emissions. 13

### But, what exactly does that mean? Well, 14 

### for me it's pretty life changing. I believe 15 

### clean energy is the future. I believe it so much 16 

### that I recently got a degree in environmental 17 

### studies. 18

### When you hear about all the statistics of 19 

### jobs that will be created, I'm one of the people 20 

### who's going to benefit from those jobs. I'm one 21 

### of many, probably many in this room. 22109

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### I live in a coastal region. My home is 1 

### at risk to the threats of climate change. That 2 

### risk is reduced when plans like this -- strong 3 

### clean power plans -- are in effect to help tackle 4 

### climate change. 5 

### I am not a mother, but I probably will be 6 

### some day. And I don't want to give my future 7 

### child a destroyed world. How will I explain that 8 

### we had the opportunity, but we didn't make a 9 

### strong enough plan? This isn't something for 10 

### future generations to deal with. This is 11 

### something for us to deal with now while we have 12 

### the opportunity. 13

### And I believe that we can succeed. I 14 

### believe that we can reduce our carbon emissions. 15 

### We can provide a healthier, more sustainable 16 

### place for us and for our future generations to 17 

### live. We can have jobs. We can have growth but 18 

### not if this Federal Implementation Plan isn't 19 

### strong and just. And let's be honest -- this 20 

### could be a giant step in the right direction, but 21 

### there's also a risk of failing if we don't set 22110

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### the bar high enough. 1


### In order to ensure that the draft Model 2 

### Federal Plan is strong and just, the EPA must 3 

### ensure the carbon pollution standards in the 4 

### Model Federal Plan achieve the pollution 5 

### reductions promised in the Final Clean Power Plan 6 

### or even further reductions, ensure that states 7 

### address potential carbon pollution from new power 8 

### plants to achieve overall electric sector 9 

### reductions in carbon pollution, protect low 10 

### income consumers by maximizing utilities' 11 

### incentives to invest in efficiency which lowers 12 

### household energy bills. 13

### I'm thrilled that we've started taking 14 

### steps to being -- to addressing climate change 15 

### and our impact with greenhouse gases. I'm 16 

### excited to see the economic growth that will stem 17 

### from this plan. 18

### As a consumer, I'm looking forward to a 19 

### market that provides more options for renewable 20 

### energy sources such as Aesop Technologies. I 21 

### hope that we're making these changes in time to 22111

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### reduce the effects of climate change. I strongly 1 

### believe that this is our opportunity, this is our 2 

### chance, and we need to implement a strong and 3 

### just Clean Power Plan, something that everyone 4 

### can follow. Thank you for your time. 5 

### MR. HARVEY: Thank you, Ms. Lowe. 6 

### Ms. Novey, if you could start by spelling 7


### your name. 8 

### MS. NOVEY: Joelle Novey, J-O-E-L-L-E; 9 

### Novey, N-O-V-E-Y. 10

### Good morning. My name is Joelle Novey, 11 

### and I work with hundreds of congregations across 12 

### this region who are responding to climate change 13 

### through Interfaith Power and Light. We are one 14 

### of 40 state affiliates of Interfaith Power and 15 

### Light engaging faith communities nationally in 16 

### caring for creation. I am only one of many faith 17 

### voices you will hear at today and tomorrow's 18 

### hearings. Cecelia kicked things off this morning 19 

### with her message on behalf of the U.S. Conference 20 

### of Catholic Bishops. 21

### Our faith communities are called to care 22112

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### for our neighbors by addressing the heat-trapping 1 

### pollution that is damaging our climate. And so 2 

### we've been vocal champions around the country 3 

### throughout the entire process of the EPA 4 

### formulating and enacting the Clean Power Plan. 5 

### At every step of this process, at every 6 

### hearing faith voices spoke out. We twice held 7 

### prayer circles outside this building to send 8 

### blessings to this process. We delivered 9 

### thousands of comments in support of the Clean 10 

### Power Plan collected by folks in their 11 

### congregations who set up card tables after 12 

### services. 13

### Leaders from diverse faith traditions 14 

### have stood at this table -- sat at this table -- 15 

### again and again to give voice to the moral 16 

### importance of setting carbon pollution limits 17 

### from power plants. 18

### I, personally, have traveled to this room 19 

### repeatedly over the last few years and feel very 20 

### at home here. Some of the EPA staff people 21 

### checked me in look familiar to me at this point, 22113

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### and I knew exactly where I could find an outlet 1 

### in this room to charge my cell phone. 2 

### So, first, this morning I want to say 3 

### thank you to the EPA for the Clean Power Plan. I 4 

### don't know how many more times I'm going to get 5 

### to testify about it, so I might not have a chance 6 

### to say that again. Thank you. 7 

### What do faith communities have to offer 8 

### today at this hearing on the federal 9 

### implementation of the plan? Well, our 10 

### communities have a deep understanding that we can 11 

### only solve big problems if everyone does their 12 

### part. Whether we're joining our voices to sing 13 

### in harmony or each bringing a pot luck dish to 14 

### create an abundant meal, our congregations 15 

### understand that we each have a responsibility to 16


### do our own share of the sacred work that faces 17



### us. 18

### In my own Jewish community we can only do 19 

### the most important prayers when a quorum of 10 20 

### people are present. It is everyone showing up 21 

### that creates the sacred space. Only by working 22114

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### together can our congregations fulfill their holy 1


### purpose. 2 

### As the U.N. Climate Negotiations in Paris 3 

### approach, faith voices are calling for our nation 4 

### to be good neighbors, to do our part as one of 5 

### the world's major climate polluters and to 6 

### address some of the harm we've already caused for 7 

### our global neighbors by contributing to the Green 8 

### Climate Fund. 9 

### And here at home doing our part means 10 

### making sure that every state participates in the 11 

### good work of reducing carbon pollution. The 12 

### faith communities I work with in Virginia and in 13 

### Maryland are joining with many other caring folks 14 

### to speak out for climate action and strong state 15 

### implementation. They're asking our governors to 16 

### support strong state plans. They're cheering on 17 

### our Attorneys General when they defend the Clean 18 

### Power Plan in court. They are calling on their 19 

### Congressional leadership to defend the Clean 20 

### Power Plan from a tax in Congress. And we're 21 

### working every day in our own communities to walk 22115

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### the talk by using less energy and shifting to 1 

### clean energy in our own congregations and homes. 2 

### But there are 48 other states besides Virginia 3 

### and Maryland, and our communities understand that 4 

### we will not succeed unless everyone does their 5 

### part. 6 

### The Federal Implementation Plan ensures 7 

### that absolutely every state in our union does 8 

### their part to act on climate. On behalf of so 9 

### many good folks in faith communities who 10 

### understand the importance of working together, 11 

### please approve the Federal Implementation of the 12


### Clean Power Plan. 13

### MR. HARVEY: Thank you, Ms. Novey. Okay. 14 

### Thank you both. 15

### (Discussion off the record.) 16

### MR. HARVEY: Our next speakers, I have 17 

### Kendyl Crawford and Pete Johnson. 18

### Give me one second. We're just sorting 19 

### out this. 20

### (Discussion off the record.) 21

### MR. HARVEY: All right. Sorry for that 22116

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### delay. 1 

### So let's start with Kendyl Crawford and 2 

### then Pete Johnson. So if you could start by 3 

### spelling your name. 4 

### MS. CRAWFORD: Kendyl, K-E-N-D-Y-L; 5 

### Crawford, C-R-A-W-F-O-R-D. 6 

### Thank you so much for the opportunity to 7 

### speak and express my opinion today. Again, my 8 

### name is Kendyl Crawford; and I live in Richmond, 9 

### Virginia. I am a Conservation Program 10 

### Coordinator with the Virginia Chapter of the 11 

### Sierra Club, but my comments are my own today. 12

### I am here to applaud the Clean Power 13 

### Plan, realizing that it is an important and 14 

### historic step in cutting carbon emissions from 15 

### our nation's power plants. 16

### I grew up in the Hampton Roads region of 17 

### Virginia, and according to a fairly recent report 18 

### by Dr. James Hansen, longtime Chief Climatologist 19 

### for NASA and current Adjunct Professor at 20 

### Columbia, there is a serious threat of rapid sea 21 

### level rise this century. Hansen and I believe 16 22117

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### other notable researchers who also co-authored 1 

### this study, they're worried that sea level rise 2 

### of around 10 feet is possible by 2100 on current 3 

### trajectories compared to the IPCC predictions of 4 

### 3 feet for that same time scale. 5 

### As a young person this is horrifying as I 6 

### expect to be alive for the majority of this 7 

### century. And the home where I grew up and my 8 

### mother continues to live in Hampton, Virginia, is 9 

### only about 10 feet above sea level. Hampton 10 

### Roads, as you've heard a little bit earlier 11 

### today, is the second most vulnerable area to sea 12 

### level rise in the United States, right after New 13 

### Orleans. By immediately reducing carbon 14 

### emissions in addition to more short-lived 15 

### greenhouse gases, we can slow sea level rise. 16

### In the event that a state fails to 17 

### develop and adopt its own state implementation 18 

### plan, I would encourage the EPA's Federal 19 

### Implementation Plan to have the urgency of the 20 

### climate crisis reflected in the timeline and to 21 

### encourage the development of clean renewable 22118

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### energy in addition to energy efficiency with an 1 

### eye to spur innovation and create jobs. 2 

### A Federal Implementation Plan must also 3 

### be just and equitable, prioritizing the physical 4 

### and economic health of citizens over corporate 5 

### polluter interests which means decreasing burdens 6 

### on communities and reasonable household energy 7 

### bills. 8 

### Additionally, in the development of this 9 

### plan I hope for deep and sustained engagement 10 

### with the communities that are located closest to 11 

### our power plants and experience the brunt of the 12 

### negative effects of the societal necessity of 13 

### power production. 14

### Lastly, I encourage the EPA to make sure 15 

### the federal plan at least stays true to the goals 16 

### set in the Final Clean Power Plan and at best 17 

### surpasses them. Thank you. 18

### MR. HARVEY: Thank you very much. 19

### Okay. Mr. Johnson, could you start by 20 

### spelling your name, please? 21

### MR. JOHNSON: Sure. My name is Peter 22119

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### Johnson, P-E-T-E-R, J-O-H-N-S-O-N. 1 

### First, I want to thank you for the 2 

### opportunity to speak today. I'm here to speak in 3


### favor of the Clean Power Plan. I am the 4 

### Executive Director of Project Green and Gray. 5 

### It's a non-profit that is working in key states 6 

### to bring the voice of those 50 years and older 7 

### for climate solutions. 8 

### I started this group because, like many 9 

### who are 50 years and older, I'm a parent, and I 10 

### have a duty to my children, my future 11 

### grandchildren; and I feel I have a duty to the 12 

### generations to come. Project Green and Gray 13 

### supports the Clean Power Plan because it is the 14 

### action that we have been working for. More 15 

### action is needed to truly address the climate 16 

### crisis, but the Clean Power Plan is the best most 17 

### strategic place to start. 18

### Parents and grandparents over the course 19 

### of raising their children do countless big and 20 

### small things to ensure their kids have a chance 21 

### to experience all that life has to offer. They 22120

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### do these often difficult things with joyful and 1 

### grateful -- with a joyful and grateful heart 2 

### because they can do no less. And they feel the 3 

### same way about their grandchildren. 4 

### Many of these same people are making the 5 

### connection that the work is not done unless we 6 

### ensure a livable planet for their children and 7 

### all children and grandchildren. It is an 8 

### unprecedented challenge, no doubt. As my Irish 9 

### mother liked to say, many hands make for light 10 

### work. Collecting these many hands is the 11 

### challenges for a group like ours. 12

### The Clean Power Plan is our best chance 13 

### to address the largest source of carbon pollution 14 

### in climate change. Let me tell you why the Clean 15 

### Power Plan has the support of many groups, 16 

### including Project Green and Gray, and many of 17 

### those 50 years and older that care about the 18 

### world we are handing to current and future 19 

### generations. 20

### Clean Power Plan gives states the 21 

### opportunity to create their own customized plan. 22121

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### States will have a maximum flexibility to design 1 

### their own plans in a cost effective way -- 2 

### something I know that many governors have 3 

### expressed is important to them. 4


### And the states have a tremendous 5 

### opportunity to lead in the clean energy 6 

### development which means jobs for all ages, cut 7 

### electricity bills, and protect public health by 8 

### reducing carbon pollution. 9 

### The proposed Federal Implementation Plan 10 

### will be good for those states that are willing to 11 

### meet carbon pollution reduction targets in this 12 

### plan. For states that do not create their own 13 

### plans to cut carbon pollution from power plants, 14 

### the EPA -- you have provided a federal guaranty 15 

### for reducing carbon pollution and protecting 16 

### public health, provides help to states that 17 

### decide to forgo creating an individual plan based 18 

### on sound science and aimed at protecting public 19 

### health from the power plant carbon pollution. 20 

### This proposed plan will also serve as a model 21 

### plan states can use as a resource to develop 22122

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### their own plans. However, states should control 1 

### the process and seize the opportunity to create 2 

### their own plans to reduce carbon pollution in the 3 

### most cost effective way. They should not ignore 4 

### the law and leave it only to the -- to EPA. 5 

### And why? Why should they do that? 6 

### Because governors know what is best for their 7 

### states. That is why this plan places states in 8 

### control when it comes to reducing carbon from 9 

### power plants. 10

### Some Congressional climate deniers, 11 

### including the Senate Majority Leader, Mitch 12 

### McConnell, has urged states to defy the law and 13 

### refuse to create a plan to comply with the Clean 14 

### Power Plan, and this is wrong. States should 15 

### instead ignore Senator McConnell because his only 16 

### goal is to dismantle these lifesaving and common 17 

### sense environmental protections. 18

### States rights are best protected when 19 

### governors and other local leaders make the 20 

### decisions about how to protect their constituents 21 

### from pollution. 22123

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### Project Green and Gray will continue to 1 

### work to support the Clean Power Plan. We hope 2 

### that all see the problem and that those that do 3 

### will support this plan. Our group has a motto, 4 

### and I think it sums up our feeling. It says, 5 

### their future, our legacy. Thank you very much 6 

### for this time. 7 

### MR. HARVEY: Thank you, Mr. Johnson. 8 

### Thank you both. 9 

### Our next two speakers are Nisha Witt and 10 

### Zoe Berkeru [phonetic]. 11

### Ms. Witt, if you could start by spelling 12


### your name. 13

### MS. WITT: Nisha, N-I-S-H-A; Witt, 14


### W-I-T-T. 15

### MR. HARVEY: Ready when you are. 16

### MS. WITT: One of the first things that 17 

### come to mind when you hear Norfolk, Virginia, the 18 

### military, industrialization, or just another city 19 

### by the sea. For many it is all of -- all of 20 

### those things, but for me it is my home. Where I 21 

### live I am surrounded by greenery and life that is 22124

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### not seen by many on a daily basis. Like great 1 

### white Egrets swooping and diving over and around 2 

### my house or mallard ducks coming to visit every 3 

### spring in my front yard. It's the little things 4 

### like this that make me appreciate the type of 5 

### environment that I live in. 6 

### On top of everything I live right next to 7 

### a bank that feeds off of Lafayette River which 8 

### then feeds off the Chesapeake Bay. The pro? It 9 

### brings vitality to my neighborhood. The con? 10 

### When it rains, it pours. Whenever Hampton Roads 11 

### is at risk of excessive flooding, it seems like 12 

### the water is very quick to rush inland, but it 13 

### takes very slowly to recede. 14

### With the facts in evidence of climate 15 

### change, not by national top scientists but by 16 

### residents, neighbors, and business owners, this 17 

### is something that is very real for Virginians; 18 

### and it needs to be addressed immediately and 19 

### accordingly. 20

### Because (cleared throat) -- sorry. 21 

### Because if we don't start holding people -- the 22125

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### right parties accountable for resolving our 1 

### environmental issues, many people that live in 2 

### cities like Norfolk will not only lose their 3 

### homes but their businesses, but most importantly, 4 

### their city's history. 5 

### As an owner of a solar technology start6 

### up, the ideas and implementations of renewable 7 

### energy is very deterring in the State of 8 

### Virginia. Innovative technologies are steadily 9 

### emerging from other parts of the world, and 10 

### people are benefitting from its use. However, in 11 

### my state I steadily have to wear their shirt, 12 

### which I wear very proudly, by the way, and tell 13 

### my local and state government officials to stop 14 

### supporting energies that are not only hazardous 15 

### to my health but also to the environment. 16

### With the Clean Power Plan we need to 17 

### crack down on existing power companies to stop 18 

### taking the easy way out by using what they call 19 

### quote, unquote, clean natural gas and start 20 

### getting serious about investing in some renewable 21


### energy. 22126

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### Also, I would like to see opportunities 1 

### and incentives for start-ups and companies with 2 

### the intent to act as renewable and clean utility 3 

### companies and that we can provide power to those 4 

### who are unable to invest in solar technology 5


### themselves. 6 

### My company, Aesop Technologies, obtains a 7 

### system that is not only powerful but also 8 

### affordable to those with incentives. One of my 9 

### biggest fears is that a company such as mine will 10 

### never show their talents or their technologies as 11 

### long as we are standing in the shadows of big 12 

### corporations that benefit from dead dinosaurs. 13

### First off, I want to say thank you for 14 

### passing the Clean Power Plan to provide light -- 15 

### no pun intended -- to renewable technology 16 

### companies that have the hope of providing 17 

### products that they know will be appreciated and 18 

### utilized by many. 19

### So I urge the EPA to please help us make 20 

### this place look better -- to make this place 21 

### better than it was yesterday by strengthening and 22127

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### enforcing the Clean Power Plan. Thank you. 1 

### MR. HARVEY: Thank you. 2 

### MR. CLOUSE: Could you spell for me the 3 

### name of your company? 4 

### MS. WITT: Sorry. Say again? 5 

### MR. CLOUSE: Could you spell for me the 6 

### name of your company? 7 

### MS. WITT: It's Aesop, A-E-S-O-P. 8 

### MR. HARVEY: And -- and could you 9 

### elaborate a little bit on what your company does? 10 

### I wasn't clear exactly. 11

### MS. WITT: So, we specialize in solar 12 

### technology. Currently we just acquired a 13 

### technology for solar concentrated dishes. And 14 

### what I am trying to do is that provide solar 15 

### concentrated dishes for individualized homes that 16 

### are like similar to the size of cable satellite 17 

### dishes and where with precision tracking we can 18 

### provide efficiency at 24 percent and lower cost 19 

### -- pretty much energy bills by 30 to 40 percent. 20

### MR. CLOUSE: Thank you. 21

### MR. HARVEY: Okay. We're ready. You can 22128

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### start by spelling your name. 1 

### MS. BERKERY: Sure. I'm Zoe Berkery. 2


### That's 3 

### Z-O-E and then B-E-R-K-E-R-Y. I think there was 4 

### a typo -- 5 

### MR. HARVEY: Yes, it looked like a U, 6


### sorry. 7 

### MS. BERKERY: -- originally. Yes, they 8 

### had Berkeru. No, Berkery. 9 

### Thank you for the opportunity to 10 

### participate in this public hearing on the 11 

### Proposed Federal Plan and Model Rules under the 12 

### Final Clean Power Plan for regulating carbon 13 

### emissions from existing power plants. 14

### My name is Zoe Berkery, and I'm Manager 15 

### of Federal Policy at the Business Council for 16 

### Sustainable Energy. BCSE is a coalition of 17 

### companies and trade associations from the energy 18 

### efficiency and renewable energy and natural gas 19 

### sectors and also includes independent electric 20 

### power producers and investor on utilities, 21 

### equipment and product manufacturers, project 22129

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### developers, and energy and environmental service 1 

### providers. Founded in 1992 the Council advocates 2 

### for the policies at the state, national, and 3 

### international levels that increase the use of 4 

### commercially available clean energy technologies, 5 

### products, and services. 6 

### The coalition's diverse membership is 7 

### united around the revitalization of the economy 8 

### and the creation of a secure and sustainable 9 

### energy future for America. BCSE believes that a 10 

### properly designed federal plan can help those 11 

### states that are not able to submit a compliance 12 

### plan to move towards a more diverse, affordable, 13 

### and clean energy portfolio that meets the Clean 14 

### Power Plan's emissions reduction targets. 15

### In addition, the Federal Plan can serve 16 

### as guidance to states in developing their own 17 

### plans and as a temporary or partial plan where 18 

### state plan development may be delayed or may not 19 

### be addressed at all -- or may not address all 20 

### issues. 21

### The Federal Plan, like any state plan, 22130

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### can best achieve the goals of the Clean Power 1 

### Plan by harnessing the vast potential of the wide 2 

### range of clean energy technologies -- renewable 3 

### energy, energy efficiency, and natural gas to 4 

### improve reliability, increase flexibility, and 5 

### produce energy savings as well as reduce 6 

### emissions. 7 

### BCSE intends to provide EPA with the 8 

### necessary recommendations on design principles 9 

### that will allow the Federal Plan to make use of 10 

### the full suite of clean energy technologies for 11 

### maximum benefits. 12

### In considering compliance options for 13 

### both the Final Rule and the Proposed Federal 14 

### Plan, it is important to evaluate them based on 15 

### the emissions profile of the state or the region 16 

### where the investment is being made. 17

### At this time BCSE would like to offer the 18 

### following preliminary recommendations for the 19 

### Federal Plan. The Federal Plan should adopt a 20 

### trade-ready approach that should consider market21 

### based elements to ensure cost effective 22131

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### compliance. The plan should consider the full 1 

### portfolio of clean energy technologies and 2 

### resources for planning. This includes ratepayer 3 

### and non ratepayer programs and actions, including 4 

### third-party delivered energy efficiency whether 5 

### implemented mass-based complementary programs or 6 

### integrated rate-based compliance programs. 7 

### Further, if the Federal Plan allocates or 8 

### auctions allowances under its plan, it should 9 

### provide allowance value to clean energy 10 

### technologies and resources to spur further 11 

### investment and provide clean energy market 12 

### signals. 13

### The plan and the Draft Model Plan should 14 

### consider how set asides can be used to foster 15 

### increased deployment of energy efficiency and 16 

### renewable energy. This is something BCSE members 17 

### are considering and will provide more detail on 18 

### this topic in our formal comments. 19

### EPA should allow the same range of 20 

### compliance actions under the Federal Plan that 21 

### are available to states developing their own 22132

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### plans. 1 

### Utilizing a diverse portfolio of clean 2 

### energy options available for compliance will make 3 

### the U.S. economy stronger, reduce emissions, and 4 

### increase resiliency. EPA should affirmatively 5 

### indicate that technologies, resources, and 6 

### practices that are not included in the building 7 

### blocks can be eligible as compliance actions for 8 

### states in addition to energy efficiency efforts. 9 

### Through the Federal Plan states should be 10 

### encouraged to support local government's 11 

### investments in renewable energy and other clean 12 

### energy and greenhouse gas mitigating facilities 13 

### to avert net or off-system carbon increases. 14

### In addition we urge the EPA to recognize 15 

### waste derived feed stocks as acceptable fuels for 16 

### qualified biomass facilities. For energy 17 

### efficiency activities EPA should consider 18 

### defining compliance crediting mechanisms similar 19 

### to renewable energy certificates or RECs. 20 

### Translating energy savings into carbon savings is 21 

### already in practice in independent system 22133

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### operator's accounting mechanisms such as the PJM 1 

### Environmental Informational Services, generation 2 

### attribute tracking system, or G-A-T-S, GATS. 3 

### These systems report emissions data associated 4 

### with the generation mix for the region and can be 5 

### used as verifiable proxy to count emission 6 

### reductions due to energy efficiency projects. 7 

### In addition, evaluation measurement and 8 

### verification or EMV requirements for energy 9 

### efficiency initiatives need to be verifiable, but 10 

### they should not be too burdensome or costly which 11 

### could discourage states from adopting robust 12 

### energy efficiency programs and projects in their 13 

### plans. 14

### In regard to the Clean Energy Incentives 15 

### Program, EPA should consider expanding 16 

### eligibility of investments, for instance, by 17 

### adjusting the date to foster clean energy 18 

### investments earlier or by altering definitions to 19 

### provide more opportunity for demand side 20 

### management and transmission and distribution 21 

### measures which are proven tools for improving 22134

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### energy efficiency and benefitting low income 1 

### communities. 2 

### Further, the design of the CEIP should 3 

### include procedures to measure and verify energy 4 

### savings or zero or low carbon generation. 5 

### Thank you for the opportunity to make 6 

### these comments on the Proposed Federal Plan under 7 

### the Clean Power Plan. BCSE would like to be 8 

### viewed as a resource to EPA during this process 9 

### to help ensure the full portfolio of clean energy 10 

### technologies and their full emissions reduction 11 

### potential are recognized in the Federal Plan. 12 

### Thank you. 13

### MR. HARVEY: Thank you very much. That 14 

### was very timely. You've managed to hit five 15 

### minutes exactly. 16

### MS. BERKERY: Yes, made it right on time. 17

### MR. HARVEY: You'll be providing written 18 

### -- the written statement as well? 19

### MS. BERKERY: Yes, I provided it up 20 

### front, but I have another copy if you'd like me 21


### to -- 22135

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### MR. HARVEY: That would be fine. 1 

### MS. BERKERY: Let me go get it. 2 

### MR. HARVEY: Questions? 3 

### MR. CLOUSE: I do. I do have a quick 4 

### questions, Ms. Berkery. 5


### MS. BERKERY: Uh-huh. 6 

### MR. CLOUSE: You talked about using GATS 7 

### as a way to verify the savings from energy 8 

### efficiency. Can you -- 9 

### MS. BERKERY: Oh, the G-A-T-S, GATS? 10

### MR. CLOUSE: Yes, yes. 11

### MS. BERKERY: So, that was actually -- 12

### MR. CLOUSE: So you're talking about 13 

### using tracking systems, the available tracking 14 

### systems as a way to verify the savings from 15 

### energy efficiency and generation from renewable 16 

### energy? Is that what -- 17

### MS. BERKERY: Right. That was an example 18 

### that PJM currently uses, and I can -- and if 19 

### you'd like me to get more information from our 20 

### member that provided that statement to include, I 21



### can. 22136

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### MR. CLOUSE: I just was curious. That's 1 

### -- I wanted to make sure I understood what you 2 

### were saying. 3 

### MS. BERKERY: Oh, yes, yes. So it's a 4 

### PJM program and -- 5


### MR. CLOUSE: Yes. 6 

### MS. BERKERY: -- yes. 7 

### MR. CLOUSE: Okay. Thanks. 8 

### MS. BERKERY: Thank you. 9 

### MR. HARVEY: Thank you. Okay. So, what 10 

### I’m going to do is we have a couple people who 11 

### have signed up at specific times that are a 12 

### little bit farther down the road, but if you're 13 

### here, I'll call you now; and then we'll turn to 14 

### people who signed up and who weren't -- didn't 15 

### have a specific assigned times. 16

### So, Ernie Reed and Linda Burchfield 17 

### [sic], if you're here, please join us. 18

### Okay. Let's start with Ernie Reed. If 19 

### you could start by spelling your name for the 20 

### reporter? 21

### MR. REED: My name is Ernest Reed, Jr., 22137

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### E-R-N-E-S-T, R-double E-D, Jr. 1 

### MR. HARVEY: Thank you. We're ready. 2 

### MR. REED: I'm speaking on behalf of 3 

### Virginia Organizing, Friends of Nelson, and Wild 4 

### Virginia. 5 

### Thank you for the opportunity to speak 6 

### today. Wild Virginia advocates for conservation 7 

### and preservation of Virginia's National Forests; 8 

### Friends of Nelson for the protection of community 9 

### and natural resources in Nelson County, Virginia, 10 

### and Virginia Organizing who made my testimony 11 

### today possible. 12

### In speaking today on the EPA Clean Power 13 

### Plan I'm going to focus on how this plan in its 14 

### current form is ultimately a direct threat to us. 15 

### The EPA Clean Power Plan has been proposed at 16 

### exactly the same time that an excess supply of 17 

### natural gas is available in the Marcellus Shale 18 

### region of West Virginia, Ohio, and Pennsylvania. 19 

### This supply of gas is available only because of 20 

### fracking technologies that have been ruled exempt 21 

### from the Clean Air Act, the Clean Water Act, and 22138

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### the Safe Drinking Water Act. 1 

### As a result, there is an incentive for 2 

### energy companies to extract natural gas as 3 

### quickly as possible and to greatly increase 4 

### natural gas infrastructure to get gas to market 5 

### while externalizing the huge environmental 6 

### impacts and avoiding liability. 7 

### Currently there's four proposed natural 8 

### gas pipelines in Virginia that would create 9 

### almost 2,000 miles of new pipeline infrastructure 10 

### over a dozen -- and over a dozen compressor 11 

### stations. We, and Virginians everywhere, are 12 

### concerned for the impacts these pipelines will 13 

### have across the Commonwealth, not the least of 14 

### which is carbon air pollution from the resulting 15 

### methane leakage and end use burning of a huge 16 

### supply of natural gas. 17

### I am one of literally thousands of land 18 

### owners currently facing the prospect of imminent 19 

### domain proceedings and a 42-inch high compression 20 

### pipeline on my property only a stone's throw away 21 

### from my house. 22139

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### But Virginia is just the tip of the 1 

### iceberg. Industry reports document no less than 2 

### 17 pipeline projects meant to ship about 17.3 3 

### billion cubic feet per day of natural gas out of 4 

### Pennsylvania, West Virginia, and Ohio to end 5


### users. The EPA should not allow the Clean Power 6 

### Plan to be used as justification for this, the 7 

### largest taking of private land rights in our 8 

### lifetime. In reality the vast majority of this 9 

### gas will be exported, profiting the natural gas 10 

### industry and passing the infrastructure costs to 11 

### ratepayers. 12

### Similarly, the EPA can choose to not 13


### allow the Clean Power Plan to be used as 14 

### justification for burning Virginia's forests in 15 

### biomass incinerator generators. All this is 16 

### being done with the promise of cleaner air and 17 

### reductions in greenhouse gas emissions. Nothing 18


### could be farther from the truth. 19

### Biomass burning for energy generation 20 

### releases more particulates -- more particulates 21 

### and carbon per unit of energy generated than any 22140

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### fossil fuel source. This is particularly 1 

### problematic in low income communities where these 2 

### facilities reside. 3 

### Methane releases are dramatically 4 

### problematic as methane is an 86 times stronger 5 

### heat-trapping gas than carbon dioxide over 20 6 

### years. And researchers find that assuming a 7 

### conservative methane leakage rate of 1.5 percent 8 

### and using full life cycle analysis, this volume 9 

### will both increase net carbon emissions and slow 10 

### the process of de-carbonization primarily by 11 

### delaying deployment of renewable energy 12 

### technologies. 13

### As you know, even with the best 14 

### intentions of the EPA Clean Power Plan the U.S. 15 

### has no comprehensive national energy policy that 16 

### relates to this huge build out of carbon fuel 17 

### infrastructure; and no analysis of its total 18 

### impacts on air quality and carbon emissions. 19

### In Virginia we have been advocating for a 20 

### comprehensive NEPA compliant programmatic 21 

### environmental impact statement that would analyze 22141

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### the domestic need for this proposed 1 

### infrastructure and for the gas that all of these 2 

### proposed pipelines would carry, full life cycle 3 

### carbon impacts from the proposed infrastructure, 4 

### including extraction, storage, transportation, 5 

### combustion and liquefication for export, and the 6 

### relative costs and benefits of other relative 7 

### energy alternatives. 8 

### This PEIS would be important for the 9 

### present and for the future. It would provide the 10 

### basis for a rational common sense and vital 11 

### energy policy that we currently lack. The EPA 12 

### could and should advocate for this PEIS as part 13


### of the Clean Power Plan. 14

### In conclusion, we need a Clean Power Plan 15 

### that doesn't incentivize dangerous and 16 

### unnecessary new gas pipeline infrastructure. We 17 

### need a Clean Power Plan that considers full life 18 

### cycle accounting of any fuel source. We need a 19


### Clean Power Plan that does not clear cut our 20 

### forests for fuel or for duplicative pipeline 21 

### corridors. We need a Clean Power Plan that does 22142

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### not inequitably impact communities where the 1 

### emissions are most concentrated. We need a Clean 2 

### Power Plan that recognizes that natural gas like 3 

### biomass generation is a false solution. We need 4 

### a Clean Power Plan that rewards large-scale 5 

### energy efficiency and community-scale renewable 6 

### technologies. And finally, we need a Clean Power 7 

### Plan that keeps our forests and our communities 8 

### standing strong against climate change. Thank 9


### you. 10

### MR. HARVEY: Thank you. Questions? 11

### Ms. Burchfield, if you could start by 12 

### spelling your name? 13

### MS. BURCHFIEL: Linda Burchfiel, 14 

### L-I-N-D-A, B-U-R-C-H-F-I-E-L. 15

### MS JONES: Ask if you could pull the mike 16 

### a little closer? 17

### MS. BURCHFIEL: Oh, closer? Okay. 18

### MR. HARVEY: Yes, just move -- move the 19 

### whole stand closer to you. Thank you. 20

### MS. BURCHFIEL: All right. Okay. First, 21 

### I want to thank the EPA for its hard work in 22143

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### crafting the Clean Power Plan with its goal of 1 

### reducing carbon emissions from the power sector 2 

### 32 percent from 2005 levels by 2030. Climate 3 

### change is a global problem that calls for action 4 

### now; and we can't wait. 5 

### I see the effects of climate change most 6 

### clearly when I go once a month to see my mother 7 

### in Norfolk. You're going to hear a lot about 8 

### Norfolk because we, Virginians -- it's really 9 

### scary. It's right there. It's our state. 10

### She lives in an assisted living program 11 

### on Granby Street in the heart of the city, and I 12 

### don't even to go -- bother to go down if rain is 13 

### forecast. Sea level rise is a huge problem there 14 

### affecting the daily lives of everyone. Even 15 

### moderate rainfall leads to flooding in low lying 16 

### areas, and Granby Street has already been raised 17 

### at the outskirts of the city. Other streets 18 

### remain vulnerable to sea level rise, and many 19 

### residents are not able to drive when it rains. 20 

### And my mother's assisted living home staff is 21 

### sometimes not able to make it to work. 22144

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### The Climate Change and Sea Level Rise 1 

### Initiative Program at Old Dominion University 2 

### projects that by 2040 Hampton Boulevard, the main 3 

### road to the naval base, will be impassable every 4 

### day for two to three hours at high tide. 5 

### Norfolk politicians have faced the 6 

### problem, hired experts from the Netherlands to 7 

### study it; and they suggested a solution of flood 8 

### gates and higher roads to manage the sea level 9 

### rise. It might work, but it will cost a billion 10 

### dollars, and the funds are not available. 11

### Every state has suffered from climate 12 

### change whether it's been wild fires, extreme 13 

### temperatures, lost crops, or flooding; and as 14 

### impacts grow, the costs will only rise. These 15 

### costs have already taken an enormous toll, yet 16 

### some governors claim that the cost to address 17 

### climate change or the Clean Power Plan is too 18 

### high. They do not see the economic potential of 19 

### developing renewable energy resources especially 20 

### the cheapest source of all -- energy efficiency. 21

### Energy efficiency creates local jobs 22145

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### ranging from architects, to electricians, to 1 

### installation installers. These governors are 2 

### suing the EPA and may not provide a state 3 

### implementation plan; however, the Yale Project on 4 

### Climate Change Communication released just last 5 

### week shows that in 22 of the 26 states doing the 6 

### EPA, the governors are obviously out of touch 7 

### because the majority of their constituents in 8 

### those states -- the majority supports setting 9 

### strict limits on coal fire power plants. 10

### Non compliant states must not undercut 11 

### the carbon reduction goal of the Clean Power 12 

### Plan. I urge you to develop federal 13 

### implementation plans that maintain the targets 14 

### for each state, limit pollution allowances, cover 15 

### carbon pollution from new power plants as well as 16 

### existing ones. In addition, energy efficiency, 17 

### which generates the cheapest form of electricity 18 

### must be incentivized. This helps ease the 19 

### transition for all consumers and is especially 20 

### important for low income, minority, and 21 

### indigenous consumers many of whom have been 22146

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### living in the shadow of fossil fuel plants, have 1 

### suffered asthma and higher risk of cancer and 2 

### other diseases. 3 

### EPA has developed a Clean Power Plan 4 

### providing the states with achievable targets, a 5 

### lot of flexibility in developing implementation 6 

### plans, and EPA expertise and guidance in 7 

### developing plans. 8 

### As a result, most residents, most 9 

### utilities, and most governors are willing to 10 

### comply. Those who do not comply and do not 11 

### develop an acceptable implementation plan must be 12 

### provided a federal plan that produces the carbon 13 

### reduction levels in the final plan and protects 14 

### low income and minority citizens. 15

### Thank you for this opportunity to speak 16 

### in support of Federal Implementation Plans that 17 

### achieve the carbon pollution reduction goal set 18 

### in the Final Plan. Thank you. 19

### MR. HARVEY: Thank you, Ms. Burchfield, 20 

### and thank you for coming up here from Hampton. 21

### Do we have question? No? Okay. Thank 22147

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### you both. 1 

### Our next speakers -- I'm not sure I'm 2 

### going to say the name correctly -- Dan Mislen and 3 

### Elizabeth Perera. 4 

### So if I could ask you to start by 5 

### spelling your name 6 

### MR. MISLEH: M-I-S-L-E-H, first name 7 

### Daniel. 8 

### MR. HARVEY: L-E-H. Ready when you are. 9 

### MR. MISLEH: Ready. Thank you for this 10 

### opportunity to offer some reflections about the 11 

### Federal Plan for the Environmental Protection 12 

### Agency's Clean Power Plan. 13

### My name is Dan Misleh. I am the 14 

### Executive Director of Catholic Climate Covenant, 15 

### a coalition of 14 national Catholic 16 

### organizations, including the U.S. Conference of 17 

### Catholic Bishops and other prominent national 18 

### Catholic groups. Together we work to share 19 

### Catholic teaching on the environment and motivate 20 

### Catholic action. 21

### In doing so we lift up not only the care 22148

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### of planet Earth but also the demands of the poor 1 

### in a world threatened by climate change. It is 2 

### on behalf of these partners that I offer these 3 

### reflections about how best to proceed in a 4 

### climate threatened world and to highlight the 5 

### role of government whose primary responsibility 6 

### is to promote the common good of all, not just 7 

### the interest of a few. 8 

### As a Catholic, I could not be prouder of 9 

### Pope Francis, our Catholic bishops, and our many 10 

### partners for their leadership on environmental 11 

### questions. It may be a helpful reminder that the 12 

### Catholic community has been engaged in these 13 

### issues of environmental protection for decades. 14 

### The whole body of U.S. bishops first spoke about 15 

### the environment in 1991 in Renewing the Earth. 16 

### That was followed by one of the first religious 17 

### body statements specifically on climate change in 18 

### 2001. And we all know that communities of 19 

### religious women have been working to protect 20 

### creation and people in poverty for decades. 21

### It should not be a surprise to anyone 22149

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### that Pope Francis would make the environment a 1 

### hallmark of his papacy. His choice of the name 2 

### Francis after the patron saint of those who 3 

### promote ecology was an obvious clue. And the 4 

### world is a far better place for his witness and 5 

### this teaching. 6 

### In the Judeo-Christian tradition our 7


### concern for work -- our concern for and work on 8 

### the environment predates the modern environmental 9 

### movement by over three and a half millennia. We 10 

### go back to Genesis, not just Earth Day. But we 11 

### will also admit that we have not always lived up 12 

### to this teaching. That is changing. Thank God. 13

### With his ecological encyclical, Laudato 14 

### Si, Pope Francis calls all of humanity to enter 15 

### into a serious and sustained dialog about the 16 

### future of our common home. He reminds how we 17 

### treat the environment is a reflection of how we 18 

### treat ourselves and vice versa. If we destroy 19 

### our common home, we bring untold suffering to 20 

### ourselves and our brothers and sisters at home 21 

### and abroad. It is the responsibility of all 22150

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### people and all institutions, especially 1 

### government, to provide frameworks, incentives, 2 

### and programs to protect creation and care for the 3


### most vulnerable. 4 

### Recognizing that this time -- recognizing 5 

### that time is increasingly short to deal with the 6 

### climate question, Pope Francis said in Laudato 7 

### Si, reducing greenhouse gases requires honesty, 8 

### courage, and responsibility above all on the part 9 

### of those countries which are more powerful and 10 

### pollute the most. 11

### Turning to these new federal rules and 12 

### limiting carbon pollution on August 3rd, the day 13 

### that EPA announced its final rule, Archbishop 14 

### Wenski, Chairman of the U.S. Bishops Committee on 15 

### Domestic Justice and Human Development, said, a 16 

### new standard -- a new national standard to reduce 17 

### carbon pollution from existing power plants is an 18 

### important step forward to protect the health of 19 

### all people, especially children, the elderly, and 20 

### poor in vulnerable communities from harmful 21 

### pollution and the impacts of climate change. 22151

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### It might be helpful (clears throat) -- 1 

### excuse me. It might be helpful to reflect on the 2 

### Catholic social teaching principle of 3 

### subsidiarity [sic] which says that issues facing 4 

### society should be resolved at the lowest level 5 

### possible, but higher levels of authority should 6 

### be invoked when lower levels cannot resolve 7 

### issues. The U.S. Bishops have agreed that a 8 

### national standard to reduce emissions is needed. 9 

### But it would also be consistent with subsidiarity 10 

### to encourage states to decide on how best to meet 11 

### these national standards. So it seemed to be far 12 

### more effective for states to take full advantage 13 

### of the flexibility of the rules at the state 14 

### level and not have the Federal Rule imposed upon 15


### them. 16

### For myself and our partners, the Federal 17 

### guidelines outlined in this rule appear to be 18 

### reasonable, but we have a preference for state 19 

### implementation. Nevertheless, we must all move 20 

### forward as a nation to implement reductions in 21 

### greenhouse gas pollution. 22152

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### These rules also form a vital platform 1 

### upon which U.S. negotiators can stand as they 2 

### head to Paris for the upcoming International 3 

### Climate Change Talks. 4 

### To conclude, the primary obligation of 5 

### government is to promote the common good and 6 

### protect its citizens, especially the most 7 

### vulnerable. Courageous and determined action to 8 

### reduce dangerous anthropogenic climate change 9 

### will certainly help meet this obligation. Thank 10


### you. 11

### MR. HARVEY: Thank you, Mr. Misleh. 12

### Okay. We'll have Ms. Perera. Please 13 

### start by spelling your name. 14

### MS. PERERA: Name is Liz, Elizabeth 15 

### Perera, P-E-R-E-R-A. 16

### Hi, my name is Elizabeth Perera. I am a 17 

### Climate Policy Director with the Sierra Club, and 18 

### I'm from Bethesda, Maryland. I'm also a mother 19 

### of two children, one seven and one five. And it 20 

### is our obligation to ensure this planet can 21 

### support long life for all of our children. I 22153

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### strongly support EPA's Clean Power Plan and the 1 

### Proposed Federal Implementation Plan. And I urge 2 

### EPA to finalize a strong and just federal 3 

### implementation plan. 4


### The fact that EPA can enforce a federal 5 

### plan if a state fails to act is a critical safety 6 

### net that has been protecting public health and 7 

### states since the Clean Air Act was signed into 8 

### law decades ago. The Clean Air Act directs the 9 

### Environmental Protection Agency to set national 10 

### clean air standards, and in this case, standards 11 

### for carbon pollution from our nation's existing 12 

### fossil fuel fired power plants. The law gives 13 

### the states the first shot at developing and 14 

### implementing these standards in their 15 

### jurisdictions by writing state-specific pollution 16 

### control plans tailored to local conditions. 17

### The Clean Power Plan gives states a lot 18 

### of flexibility to decide the appropriate emission 19 

### reduction measures to meet the standard. 20 

### Therefore, there is every reason for a state to 21 

### develop its own plan that takes into account its 22154

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### own circumstances. And most states in the past 1 

### choose to develop their own plan based on that 2 

### knowledge. 3 

### If a state fails to adopt and implement 4 

### an adequate plan, EPA must issue and enforce a 5 

### Federal Implementation Plan. In order to ensure 6 

### that the draft model federal plan is strong and 7 

### just, EPA must do the following: Number 1, 8 

### ensure the carbon pollution standards in the 9 

### Model Federal Plan achieve pollution reductions 10 

### promised in the Final Clean Power Plan. 11

### Number 2, ensure that states address 12 

### potential carbon pollution from new power plants 13 

### to achieve overall electric sector reductions in 14 

### carbon pollution. They should also address 15 

### sources of carbon pollution from other plants 16 

### such as biomass plants and discourage natural gas 17


### usage. 18

### Number 3, protect low income consumers by 19 

### maximizing utilities' incentives to invest in 20 

### energy efficiency which lowers household energy 21 

### bills and lowers the energy bills of large 22155

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### industrial consumers as well. 1 

### Number 4, ensure that the Model Federal 2 

### Plan protects and benefits minority, low income, 3 

### and indigenous communities that have long borne 4 

### the brunt of the fossil fuel pollution and may be 5 

### most likely to experience the first impacts of 6 

### climate change and the most severe impacts of 7 

### climate change. 8 

### Number 5, resist giveaways of allowances 9 

### to the most polluting sources. It is a proven 10 

### fact that generators will pass the cost of 11 

### compliance on to consumers even if they get the 12 

### allowances for free. This is a concern with the 13 

### draft Federal Implementation Plan. This money 14 

### needs to stay in the public trust and be invested 15 

### in energy efficiency and renewable energy and 16 

### help the low income and minority communities. It 17 

### is not in the public's best interest to give 18 

### allowances away for free to generators. 19

### Fossil fuel fired power plants are really 20 

### the largest source of greenhouse gases and are 21 

### thus the biggest contributor to climate change. 22156

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### Climate change is a human rights issue and 1 

### communities across the globe are dealing with the 2 

### devastating impacts from families displaced from 3 

### their homes due to extreme weather events to our 4 

### children suffering from health impacts of poor 5 

### air quality. By regulating these plants, the 6 

### Clean Power Plan will lead to significant climate 7 

### and public health benefits for all. 8 

### The Clean Power Plan will clean up our 9 

### air and address climate disruption, and it will 10 

### also modernize our country and spur economic 11 

### growth and innovation which will create thousands 12 

### of jobs and bring billions of dollars and new 13 

### investments to our country. Thank you. 14

### MR. HARVEY: Thank you, Ms. Perera. 15

### Questions? No. Okay. Thank you both. 16

### (Discussion off the record.) 17

### MR. HARVEY: All right. So we're -- 18 

### we're going to break at noon. We're going to get 19 

### to as many speakers as we can before then, but we 20 

### still have more speakers who have signed up. 21 

### We're clearly not going to get to all of them by 22157

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### noon. So please work with us, and we can try to 1 

### work you in after -- after the noon break. 2 

### So let's now move to Chad Oba and Nicole 3 

### Holstein. 4 

### I'm not sure who Chad Oba is, so whoever 5 

### -- are either one of you? Are you Chad? 6 

### MS. OBA: Yes, yes. 7 

### MR. HARVEY: Okay. Great. Could you -- 8 

### could you start by spelling your name, and then 9 

### we'll start the timer. 10

### MS. OBA: Okay. My name is Chad Oba, 11


### last name O-B-A. 12

### MR. HARVEY: Ready. 13

### MS. OBA: I live in Buckingham County, 14 

### Virginia, where I'm a Chair of a citizen's group 15 

### called Friends of Buckingham. I'm here today 16 

### with Friends of Buckingham, Virginia Organizing, 17 

### and National People's Action. I'm here to 18 

### encourage a more robust Clean Power Plan that 19 

### protects communities like mine from devastation 20 

### by the fossil fuel industry. 21

### The Atlantic Coast Pipeline, LLC, has 22158

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### submitted a permit application to the Virginia 1 

### Department of Environmental Quality to construct 2 

### and operate a compressor station at Woods Corner 3 

### in Buckingham County. This locality is less than 4 

### one mile from my home and the homes of many 5 

### others, especially elderly -- there's a large 6 

### population of elderly in my area, and they are 7 

### especially vulnerable to this compressor station 8 

### and its emissions. 9 

### The effects of the project run in 10 

### complete opposition to the moral imperative of 11 

### our time. We need to stop the rape of our land, 12 

### be good caretakers of each other and of our home 13 

### planet, and reverse climate change now. 14

### If constructed, the Buckingham compressor 15 

### station would have four natural gas powered 16 

### turbines. Once it gets up and running, this 17 

### station is expected to spew 585 million pounds a 18 

### year of hazardous pollutants, including methane, 19 

### carbon monoxide, nitrogen oxides, sulfur dioxide, 20 

### volatile organic compounds, particulate matter, 21 

### and hazardous air pollutants such as formaldehyde 22159

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### into our community's air. These are the low 1 

### estimates. 2 

### Natural gas compressor stations are among 3 

### the most polluting kinds of energy 4 

### infrastructure. In a recent study more than 40 5 

### percent of air samples from compressor stations 6 

### exceeded federal regulations for certain 7 

### chemicals like methane, benzene, and hydrogen 8 

### sulfide. 9 

### The proposed Buckingham compressor 10 

### station would emit nearly two tons of 11 

### formaldehyde into our air every year. 12 

### Formaldehyde causes nausea, headaches, and 13 

### difficulty breathing and can also cause or 14 

### aggravate asthma. 15

### What manner of intelligence allows our 16 

### health and safety to be sacrificed in the name of 17 

### corporate profits? If the Clean Power Plan is to 18 

### succeed in improving air quality in communities 19 

### like mine, it must not prioritize the increased 20 

### utilization of natural gas which will encourage 21 

### the construction of more of these monstrous 22160

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### compressor stations at the expense of public 1


### health. The Clean Power Plan and Federal 2 

### Implementation Plan should instead concentrate on 3 

### expanding access to real renewables like wind and 4 

### solar that do not contribute to air pollution in 5 

### vulnerable communities. The Clean Power Plan 6 

### must also include a programmatic environmental 7 

### impact statement that addresses the cumulative 8 

### impacts of all oil and gas pipelines and their 9 

### infrastructures regionally, nationally, and 10 

### compare that to the impacts of renewable energy 11



### sources. 12

### The Clean Power Plan currently fails to 13 

### appropriately evaluate the risks posed by methane 14 

### emissions from compression stations and other 15 

### natural gas processing infrastructure. In 16 

### particular, we object strongly to the EPA's 17 

### methods of assessing the global warming potential 18 

### of methane emissions. 19

### Currently the Clean Power Plan uses 100- 20 

### year global warming potential which calculates 21 

### methane to be 25 times stronger than CO2 as a 22161

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### heat-trapping gas. The CPP must adopt the more 1 

### meaningful 20-year GWP of methane which figures 2 

### it to be a whopping 86 times stronger a heat3 

### trapping gas than CO2 over a 20-year time scale. 4 

### The discrepancy in evaluation methods is 5 

### highly disturbing. As the 20-year GWP tells us, 6 

### there is a much greater and, therefore, graver 7 

### toxicity output from this industry than you, the 8 

### EPA, understands, and, therefore, we are all 9 

### subject to. 10

### We urgently ask you to adopt the 11 

### evaluation standard of a 20-year GWP now. We 12 

### applaud the Clean Power Plan, and we urge the EPA 13 

### to do more to ensure that sensitive populations 14 

### like the population of Buckingham County are 15 

### protected from the impact of dirty energy 16 

### infrastructure and carbon pollution. 17

### Underneath sensitive populations need to 18 

### be considered when citing compressor stations. 19 

### Well, we -- all of us here in Buckingham are a 20 

### sensitive population. Our lives are as valuable 21 

### as anyone else's and they need to be put before 22162

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### the natural gas industry's bottom line. Thank 1


### you. 2 

### MR. HARVEY: Thank you for coming to join 3 

### us from Buckingham County. Thank you. 4 

### We will now turn to Nicole Holstein. If 5 

### you'll start by spelling your name. 6 

### MS. HOLSTEIN: Yes. N-I-C-O-L-E, 7 

### H-O-L-S-T-E-I-N. And I'm with the National 8 

### Wildlife Federation. 9 

### Thank you for the opportunity to submit 10 

### formal testimony regarding EPA's Proposed Clean 11 

### Power Plan. My name is Nicole Holstein, and I am 12 

### a native West Virginian. In fact, my family has 13 

### lived in the hills of West Virginia as long as 14 

### the state has existed. I am here today as a 15 

### seventh generation West Virginian to express my 16 

### strong support for the EPA's historic action to 17 

### combat climate change while setting limits on 18 

### carbon pollution from existing power plants. 19

### A life surrounded by the Appalachian 20 

### Mountains and the plants and wildlife that make 21 

### it so wonderful imbued me with a lifelong love 22163

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### for Appalachia and a sense of responsibility to 1 

### protect the places I love. That's why I'm 2 

### pursuing a terminal degree in ecology because the 3 

### unique ecosystems of Appalachia are under serious 4 

### threat, especially from climate change and one of 5 

### its main drivers, emissions from the burning of 6 

### fossil fuels. 7 

### The cruel irony of these ecosystems, and 8 

### wildlife, and people that inhabit them being 9 

### threatened by the very substances lying from 10 

### beneath them is not lost on you, I'm sure. 11

### Did you know that the Appalachian 12 

### mountain range is one of the most bio diverse 13 

### terrestrial systems in the world? In fact, we're 14 

### number one in the world in terms of salamander 15 

### diversity, but that diversity is threatened by 16 

### climate change and coal mining. 17

### I am witness to the impact of fossil 18 

### fuels and the poverty of the Appalachian coal 19 

### fields, the respiratory disease, and cancer 20 

### epidemics among children and adults in coal 21 

### producing communities and the virtual 22164

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### disappearance of wildlife from certain areas. I 1 

### have stood upon Kayford Mountain and listened to 2 

### the complete silence -- not a single bird song. 3 

### I have swiped my finger through the thick coal 4 

### dust that settles on property in the course of a 5 

### single day. 6 

### We have an obligation to protect our 7 

### children and future generations from the impacts 8 

### of climate change. And we also have an 9 

### obligation to protect wildlife and our natural 10 

### resources upon which we all depend that are on 11 

### the frontlines of our changing climate. 12

### Our warming climate is posing one of the 13 

### greatest threats today. And as an Appalachian 14 

### native, and nature lover, and a student of 15 

### science, I applaud EPA for taking action to 16 

### combat the root of the problem -- carbon 17 

### pollution. 18

### The U.S. EPA's Clean Power Plan is a 19 

### major step in the right direction. This plan 20 

### will help speed the way towards a future in which 21 

### we invest more in clean energy and less in fuels 22165

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### that pollute our air, and water, and harm our 1 

### global climate. By reducing reliance on coal 2 

### burning for power generation in the United 3 

### States, the Clean Power Plan will help protect 4 

### ecosystems and people by reducing not only carbon 5 

### pollution but other harmful pollutants like 6 

### mercury that poison fish and threaten all those 7 

### who eat them. The Clean Power Plan will reduce 8 

### the need for more coal mining that's destroying 9 

### precious habitat and strangling my people. And 10 

### it will reduce the number of leaking toxic coal 11 

### waste ponds that put our waterways in harm's way. 12

### My home state is one of those currently 13 

### launching attacks against the Clean Power Plan, 14 

### but I applaud it. The power of the coal lobby is 15 

### strong in Appalachia, but the right thing to do 16 

### is to protect our people, our wildlife, and our 17 

### beautiful natural species from the negative 18 

### impacts of fossil fuels. 19

### While I hope that my home state of West 20 

### Virginia will step up and create their own plan 21 

### to reach the goals set forth by the Clean Power 22166

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### Plan, I commend the EPA for creating this 1 

### backstop federal guaranty for reducing carbon 2 

### pollution and protecting wildlife. The federal 3 

### plan should be strong and aimed at protecting 4 

### people and wildlife from power plant carbon 5 

### pollution in order to ensure proper pollution 6 

### reduction and to encourage renewable energy 7 

### solutions. 8 

### The proposed plan should be finalize in a 9 

### timely manner so that states have time to use it 10 

### to guide the formulation of their own plans. 11

### Thank you for the opportunity to comment 12 

### today, and we look forward to working with you to 13 

### finalize and implement the Clean Power Plan. We 14 

### hope you will do everything you can to ensure it 15 

### stays strong throughout the process. Wildlife 16 

### and the people of Appalachia are counting on your 17 

### leadership. Thank you. 18

### MR. HARVEY: Thank you, Ms. Holstein -- 19 

### appreciate your testimony. 20

### With that we've now reached noon, so we 21 

### will -- we will halt and resume for our afternoon 22167

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### session after our break. Thank you. 1 

### MR. CLOUSE: So the resumption of the 2 

### public hearing will be at 1:00 o'clock. 3 

### (Brief recess.) 4

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### A F T E R N O O N S E S S I O N 1 

### MS. DUNHAM: Okay. I think I'm on. We 2 

### will get started here this afternoon. Just make 3 

### sure our court reporter is ready to do. Okay. 4 

### Thank you all. 5 

### So, good afternoon, my name is Sarah 6 

### Dunham, and I am the Chair of today's public 7 

### hearing. Thank you for coming today. 8 

### Joining me on the panel today are Julia 9 

### Miller and Elyse Steiner. 10

### Fossil fuel fired power plants are the 11 

### largest source of U.S. carbon dioxide emissions 12 

### or carbon pollution, accounting for 31 percent of 13 

### U.S. total greenhouse gas emissions. Reducing 14 

### carbon pollution from power plants is an 15 

### essential step in lessening the impacts of 16 

### climate change and providing a more certain 17 

### future for our environment, our health, and 18 

### future generations. 19

### We are here today to listen to your 20 

### comments on the EPA's Proposed Federal Plan and 21 

### Model Rule to implement the Clean Power Plan for 22169

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### existing power plants. 1 

### On October 23rd, 2015, the Environmental 2 

### Protection Agency published in the Federal 3 

### Register its proposed Federal Plan to implement 4 

### emission guidelines for power plants under 5 

### Section 111(d) of the Clean Air Act. The EPA's 6 

### 111(d) rule known as the Clean Power Plan takes 7 

### effect on December 22nd, 2015, and applies to 8 

### affected power plants that began construction on 9 

### or before January 8th, 2014. 10

### The Federal Plan and Model Trading Rules 11 

### demonstrate a readily available path forward for 12 

### Clean Power Plan implementation and present 13 

### flexible, affordable implementation options for 14 

### states. The Model Rules provide a cost effective 15 

### pathway to adopt a trading system supported by 16 

### EPA and make it easy for states and power plants 17 

### to use emissions trading. It does the heavy 18 

### lifting for states who may choose to use a Model 19 

### Rule as their state plan. The EPA would 20 

### implement the Federal Plan in any state that does 21 

### not submit an approvable plan. 22170

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### This proposal includes four discreet 1 

### proposed actions: A rate-based federal plan for 2 

### each state with affected EGUs; a mass-based 3 

### federal plan for each state with affected EGUs; a 4 

### rate-based model trading rule for potential use 5 

### by any state; and a mass-based model trading rule 6 

### for potential use by any state. 7 

### The Proposed Federal Plans will achieve 8 

### the same level of emissions performance as 9 

### required of state plans under the Clean Power 10 

### Plan. Federal plans will be finalized only for 11 

### those states with affected EGUs that the EPA 12 

### determines have failed to submit an approvable 13 

### 111(d) State Plan by the relevant deadlines set 14 

### in the Emission Guidelines. 15

### In those states where a federal plan may 16 

### be required, a final federal plan will implement 17 

### the same emission guidelines for affected power 18 

### plants outlined in the Clean Power Plan. It 19 

### would not require additional control requirements 20 

### or impose additional costs. 21

### Even where a federal plan is in place for 22171

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### a particular state, that state will still be able 1 

### to submit a plan which, if approved, will allow 2 

### the state and its sources to exit the federal 3 

### plan. States may take delegation of 4 

### administrative aspects of the federal plan in 5 

### order to become the primary implementers or 6 

### submit partial state plans in order to take over 7 

### the implementation of a portion of a federal 8 

### plan. 9 

### States operating under a federal plan may 10 

### adopt complementary measures outside of that plan 11 

### to facilitate compliance and lower costs to the 12 

### benefit of power generators and consumers. 13

### The proposal also includes as a Model 14 

### Rule for those states that are developing their 15 

### own state plans. The EPA intends to finalize 16 

### both the rate-based and mass-based model trading 17 

### rules in the summer of 2016. A state program 18 

### that adheres to the model trading rule provisions 19 

### specified in this rulemaking, when final, would 20 

### be presumptively approvable. 21

### There are standalone portions of the 22172

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### model trading rule such as the evaluation, 1 

### measurement, and verification procedures for 2 

### emission rate credits, ERCs, that would be 3 

### approvable even if a state adopted an approach 4 

### that differs in other respects from the Model 5


### Rule. 6 

### In addition, the proposal contains a 7 

### finding that it is necessary or appropriate to 8 

### implement a Section 111(d) federal plan for the 9 

### affected EGUs located in Indian Country. Carbon 10 

### dioxide emission performance rates for these 11 

### facilities were finalized in the Clean Power 12


### Plan. 13

### Information on how the EPA will reach out 14 

### to communities throughout the comment period and 15 

### an overview of the actions that the EPA is taking 16 

### to ensure that vulnerable communities are not 17 

### being disproportionately impacted by this 18 

### rulemaking. 19

### If you would like more details on the 20 

### proposed rule, there are fact sheets available at 21 

### the registration desk. 22173

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### Before we get started, I'd like to go 1 

### through a few housekeeping items and ground rules 2 

### that will make today's hearing run smoothly. 3 

### First, please be sure you have checked in 4 

### at the registration desk even if you are not 5 

### planning to speak today. And if you signed up to 6 

### speak online or by phone but haven't told us yet 7 

### that you're here, please step out to the 8 

### registration desk and let the EPA staff know that 9 

### you have arrived. 10

### I will call speakers up in pairs. When 11 

### your name is called, please come to the speakers' 12


### table at the front of the room. When I call on 13 

### you to speak, please state your name and spell it 14 

### for the court reporter. Your comments will be 15 

### transcribed and included in the record of 16 

### comments on the proposed rule. 17

### Each speaker will have five minutes to 18 

### give comments. We have a timer light to help you 19 

### know how much time you have left to speak. If 20 

### you have an extra copy of your statement, please 21 

### provide it to the court reporter as well. When 22174

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### the light turns from green to yellow, that means 1 

### you have one minute remaining. When it turns 2 

### red, that's a signal that you're at five minutes, 3 

### and it is time to stop. 4 

### When you are finished speaking, please 5 

### remain at the table until the person next to you 6 

### has also completed his or her testimony. 7 

### We are here to listen to you today, 8 

### however, a panel member may ask questions to 9 

### clarify your comments. I will then call up the 10 

### next pair of speakers and so on. 11

### If you have brought a written copy of 12 

### your testimony, please give that to the s staff 13 

### at the registration desk before you leave today. 14

### We will put any written comments 15 

### submitted today in the official docket for the 16 

### proposed rule. We also have comment cards 17 

### available at the registration desk if you would 18 

### like to submit additional written comments today. 19

### If you want to comment in writing later, 20 

### stop by the materials table near the registration 21 

### desk and pick up a copy of the instructions for 22175

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### submitting written comments. Comments must be 1 

### received by January 21, 2016. 2 

### Let me assure you the EPA gives as much 3 

### consideration to comments that we receive in 4 

### writing as we do to comments we receive at public 5 

### hearings like this one. So if you have more 6 

### comments you would like to provide the EPA, 7 

### please submit them by the comment period 8 

### deadline. Your comments will be reviewed. 9 

### If you have any questions during the day, 10 

### please see the staff at the registration desk, 11 

### and someone will assist you. 12

### Thank you again for taking the time today 13 

### to share your comments on the EPA's proposal. So 14 

### let's get started. 15

### I will call up the first two folks I have 16 

### on my cards here. And if you could both come up 17 

### and take a seat, that would be great. 18

### So the first two folks I have are Joe 19 

### Cook and Vernon Savage. 20

### (Pause.) 21

### Great. And so we'll start with Mr. Cook 22176

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### when you're ready. 1 

### MR. COOK: My name is Joe Cook. That's 2 

### J-O-E, C-O-O-K. I am from Norfolk, Virginia, 3 

### which is at ground zero for sea level rise and 4 

### climate change, second only to New Orleans for an 5 

### at-risk-metropolitan area. 6 

### I am the chairperson of the Chesapeake 7 

### Bay Group of the Virginia Sierra Club. Thank you 8 

### for this opportunity to once again come and 9 

### address you as I have at all of the hearings 10 

### related to the Clean Power Plan and to comment in 11 

### support of the EPA's long overdue plan and the 12 

### recently proposed Federal Implementation Plan. 13


### As someone who owns a home near the 14 

### Lafayette River in Norfolk, I regularly 15 

### experience flooding on the streets in front of my 16 

### house and in all flood prone areas throughout the 17 

### city even when there is a heavy rainfall. Twice 18 

### during nor'easters in 2009 and 2011 the flood 19 

### water reached under my house and near the bottom 20 

### of my floor. 21

### Fortunately, we have not recently had a 22177

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### direct hit from a hurricane during my time there; 1 

### but the thought of such things brings fear of the 2 

### loss of my house. Therefore, I am acutely aware 3 

### of the affects of CO2 emissions on climate 4 

### change, sea level rising, and recurrent flooding 5 

### in severe weather events on coastal Virginia and 6 

### the rest of the country near the water. 7 

### And as for fear related to climate 8 

### change, I am much more fearful of that than the 9 

### impact on my way of life and others than ISIS or 10 

### any other foreign terrorists. 11

### As you know, fossil fuel -- fossil fuel 12 

### fired power plants is the largest source of 13 

### greenhouse gases -- 40 percent of the CO2 and are 14 

### a major contributor to climate change as well as 15 

### respiratory and heart diseases. But by 2030 the 16 

### Clean Power Plan, which I advocated for stronger 17 

### standards -- but even if that is implemented and 18 

### enforced as intended it's predicted, as you know, 19 

### to prevent 150,000 asthma attacks and up to 6,000 20 

### premature deaths annually. 21

### In Norfolk we suffer not only from coal 22178

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### plant emissions but also from the annual release 1 

### of 90,000 pounds of coal dust from Norfolk 2 

### Southern's Lamberts Point Coal Terminal, the 3 

### largest in North America, which, unfortunately, 4 

### was given a grandfather exemption from the Clean 5 

### Air Act which I find irrational and a threat to 6 

### public and environmental health. 7 

### Along with the health benefits, the CPP 8 

### tackles climate change, the defining issue of our 9 

### time, head on. Just think about the savings 10 

### accruing from preventing catastrophic property 11 

### damage and economic disruption while enhancing 12 

### our national security, both internal and 13


### external. 14

### Secretary of State John Kerry just came 15


### down last week to Norfolk and talked about the 16 

### latter in relation to the emergency need to 17 

### address the climate change and protect military 18 

### assets there in Norfolk and around the world. 19

### If we don't act quickly to stop 20 

### increasing CO2 emissions already at a chronic 21 

### level of 400 parts per million and start 22179

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### reversing it, he said it could lead to 1 

### displacement of huge populations here and abroad, 2 

### social unrest that could lead to wars over food 3 

### and water in foreign countries and millions more 4 

### refugees. 5 

### At the same time the CPP provides great 6 

### opportunity for economic growth and sustainable 7 

### development. Investing in clean energy can 8 

### create millions of jobs -- three times as many as 9 

### fossil fuels -- and stimulate robust growth in 10 

### our country. As you know, the EPA estimates the 11 

### CPP will deliver 93 billion in savings and 12 

### benefits by 2030. 13

### Climate change is the moral imperative of 14 

### our time and a human rights issue as stated by a 15 

### number of people, including Pope Francis. 16 

### Communities across the globe are already dealing 17 

### with this devastating impact from families 18 

### displaced from their homes due to extreme weather 19 

### to our children suffering from the health impacts 20 

### of poor air quality. You tack all the issues in 21 

### a broad and in depth way, the EPA has to make 22180

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### sure the draft model federal plan is strong and 1 

### just. 2 

### I ask the EPA to refuse to give -- to 3 

### give away allowances to the most polluting 4 

### sources as has been done in the past by allowing 5 

### states to grandfather in industries like coal 6 

### plants that poison the environment and compromise 7 

### public health. 8 

### And finally, to make sure that the 9 

### states' implementation plan is -- is not weak and 10 

### lax as it has been in the past. And if a state 11 

### doesn't adopt an adequate plan, the EPA should 12 

### step in and enforce an implementation plan. 13

### In summary, the Sierra Club calls on you 14 

### to stand like a boulder and resist bending to 15 

### political pressure at the state and federal 16 

### level. As one prominent politician recently 17 

### said, if the environment were a bank, it would 18 

### have been saved already -- end of quote. 19

### So, EPA, I call on you to treat Mother 20 

### Earth better than a bank because there is no 21


### Planet B to fall back on. 22181

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### MS. DUNHAM: Thank you very much, Mr. 1


### Cook. 2 

### Do you have any questions? Okay. Mr. 3 

### Savage? 4 

### MR. SAVAGE: All right. My name is 5 

### Vernon Savage, V-E-R-N-O-N, S-A-V-A-G-E. 6 

### I'm here today to support the Sierra Club 7 

### and a few other organizations like Virginia -- 8 

### Virginia Organization. And I'm from Norfolk, 9 

### Virginia, and I sees a whole lot of flooding done 10 

### and a whole lot of pollution going on and stuff. 11 

### I just had to come up to support my area from 12 

### Norfolk with the help of the Sierra Club today. 13

### That's pretty much what I have to say. 14 

### Thank you. 15

### MS. DUNHAM: Thank you. Appreciate it. 16

### All right. Thanks to both of you. 17

### So next I'd like to have Frances 18 

### Crutchfield and Herbert Fitzell. And I'm sorry 19 

### if I mispronounced either of those names. 20

### Okay. Ms. Crutchfield, when you're 21 

### ready. 22182

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### MS. CRUTCHFIELD: My name is Frances 1 

### Crutchfield, F-R-A-N-C-E-S, 2


### C-R-U-T-C-H-F-I-E-L-D. 3 

### Thank you for this opportunity to speak. 4 

### As a Sierra Club volunteer, as a mother, a 5 

### stepmother, and a grandmother, thank you for the 6 

### Clean Power Plan. I will thank you in a poem, An 7


### Ode to the Clean Power Plan. 8 

### To the EPA, crucial institution, this 9 

### isn't meant as a revolution and is in no way 10 

### persecution. Please give heed to my elocution. 11 

### We beg you to work for dissolution of bad air 12 

### quality from pollution. For climate disruption's 13 

### evolution we must soon find a grand solution such 14 

### as wind energy institution or a solar power 15 

### substitution, for there can't be any restitution 16 

### for damage from power plants' carbon pollution. 17 

### The benefits of the Clean Power Plan, better 18 

### health for a woman, child, and man, each state 19 

### must develop its customized plan to meet 20 

### challenges in ways that only it can. Reduced 21 

### emissions, the immediate goal, lest less soot and 22183

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### smog pollutions from coal. No more need for 1 

### criticizers, fewer inhalers and nebulizers, and 2 

### the hope that someday everywhere children will be 3 

### able to breathe clean air. 4 

### Thank you. 5 

### MS. DUNHAM: Thank you. Impressive. 6 

### All right. Mr. Fitzell. 7 

### MR. FITZELL: Thank you. I'm Herbert 8 

### Fitzell, H-E-R-B-E-R-T, F-I-T-Z-E-L-L; and I 9 

### support the Clean Power Plan. 10

### I've come today to express my support for 11 

### the great work done by the EPA. I'm an ordinary 12 

### citizen from central Virginia, and it is only in 13 

### the last couple of years that I've become 14 

### familiar with the mind boggling complexity of the 15 

### work you do. It is amazing, especially given the 16 

### political roadblocks put up specifically to 17 

### undermine the fruits of your labor. 18

### Despite these roadblocks, EPA goes about 19 

### its daily business of conducting brilliant 20 

### science on climate change which will save 21 

### countless lives. This point is underscored by 22184

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### the current refugee crisis. 1


### I've come -- I have come to understand 2 

### this great research is conducted by individuals 3 

### whose work is sometimes unappreciated by those 4 

### who do not understand it. Yet you public 5 

### servants go about your daily business of serving 6 

### us all. The climate crisis presents the greatest 7 

### threat life has ever faced. It is my hope that 8 

### the voices of fear, greed, and hate will not 9 

### drown out the more quiet voices determined to 10 

### understand our dilemma and serve the public. 11

### Many in Congress even attempt to attack 12 

### the integrity of our public servants, but I’m 13 

### certain that George Bernard Shaw got it right 14 

### when he said, the liars punishment is not in the 15 

### least that he is not believed but that he cannot 16 

### believe anyone else. 17

### I want to offer my sincere thanks to all 18 

### the individuals at the EPA who so selflessly 19 

### serve us all in unrecognized ways. Your work is 20 

### not only brilliant but profoundly heroic. You 21 

### make me proud to be an American, and I can't 22185

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### possibly thank you enough. 1 

### MS. DUNHAM: Thank you very much, Mr. 2 

### Fitzell. 3 

### All right. Thank you -- both of you. 4 

### So next up I'd like to invite John Luker 5 

### and Marjorie Leach-Parker to the -- up here. Do 6


### we have both? 7 

### Great. Let's -- let's start with Mr. 8


### Luker. 9 

### MR. LUKER: Okay. My name is John Luker, 10 

### J-O-H-N, L-U-K-E-R. And I apologize; my glasses 11 

### broke on the way up here so, just instead of 12 

### rehashing the arguments from this morning and 13 

### this afternoon, I'll try to say some new things. 14

### I don't think anybody -- I'm not sure if 15 

### there are still people that believe the earth is 16 

### still flat, but as far as I know, the earth is a 17 

### ball that spins around in space. And there is no 18 

### Planet B unless perhaps your Elon Musk or maybe 19 

### some people he wants to send to Mars, this is the 20 

### only place we have. 21

### As Joe Cook mentioned, Secretary Kerry 22186

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### was in Norfolk last week. He spoke of climate 1 

### change as being a national security issue. If we 2 

### think Syria's a problem, the refugee crisis, 3 

### climate change could potentially magnify that 4 

### problem to an unbelievable level by causing -- 5 

### making places uninhabitable to live and causing 6 

### people to migrate. 7 

### Terrorism in Paris is in the news, of 8 

### course. And that's going to be exacerbated by 9 

### climate change. 10

### The real problem with pollution is the 11 

### costs are externalized. Everybody knows that the 12 

### -- if I dump my trash outside of the building, 13 

### I'd probably get arrested even if I threw a Coke 14 

### bottle out, I'd probably get arrested; but 15 

### somehow it's legal to dump mercury, arsenic, and 16 

### other things from power plants. The fracking -- 17 

### the EPA, as far as I know, understand let's -- 18 

### they don't have to list the ingredients in the 19 

### poison they put in the water. It's a proven fact 20 

### that they've poisoned people's water supplies. 21 

### And as far as I know, that's legal. 22187

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### Other people have mentioned the methane 1 

### problem with fracking. I support the Clean Power 2 

### Plan. I don't think it goes far enough. I don't 3 

### understand why it's legal to dump poison in the 4 

### air, in the water. Any other business that's 5 

### started today wouldn't be allowed to do that. 6 

### So I urge you to go beyond what you have. 7 

### Hopefully, the ideal thing would be to make 8 

### people pay where power plants and other 9 

### industries that pollute -- the mountaintop 10 

### removal, destroying streams. The people that 11 

### pollute pay and the clean energy people get a REC 12 

### or Renewable Energy Credit to help balance out 13 

### the damage and keep us going toward a sustainable 14 

### future. Thank you. 15

### MS. DUNHAM: Thank you very much. 16


### Ms. Leach-Parker. 17

### MS. LEACH-PARKER: Good afternoon. My 18 

### name is Marjorie Leach-Parker, M-A-R-J-O-R-I-E, 19 

### L-E-A-C-H -- hyphen -- Parker. 20

### I live in Virginia Beach, and I’m a 21 

### volunteer with the Chesapeake Bay Group of the 22188

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### Virginia Sierra Club. 1 

### I'm here today, not to speak for the 2 

### Sierra Club, but to speak for myself, for my 3 

### children, my grandchildren, and my great 4 

### grandson. 5 

### I'm here to support the Clean Power Plan 6 

### that you have put forward. I want to thank you 7 

### for what you have done so far, and I want to 8 

### encourage you to move quicker, if possible. 9 

### Don't allow the states to cause delay. 10

### As I understand it, the Clean Power Act 11 

### directs the Environmental Protection Agency to 12 

### set national clean air standards. In this case 13 

### standards for carbon pollution from the nation's 14 

### existing fossil fuel power plants. The law gives 15 

### the states the first shot at developing and 16 

### implementing these standards. I want you to 17 

### somehow ensure that as you give these states that 18 

### time to implement them, that you don't let them 19 

### just use and burn time. 20

### I want to thank you for admitting that 21 

### there is climate change. I don't know how many 22189

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### times I can say it but we need to move quickly. 1 

### Some say that the way that climate change 2 

### is working is just the natural order of things; 3 

### but climate change is influenced more by human 4 

### activity and excess greenhouse gases than any 5 

### other thing. Scientists have studied and they've 6 

### looked at the solar -- the changes relative to 7 

### the sun. And they have found that there's very 8 

### little change. 9 

### In contrast to the warming that we're 10 

### observing that's consistent with what we do 11 

### producing carbon dioxide and other heat trapping 12 

### gases into the atmosphere. 13

### I'm glad you understand that carbon 14 

### dioxide hurts us. Carbon dioxide is necessary 15 

### for photosynthesis and other things to happen 16 

### naturally, but you can have too much of a good 17 

### thing. Thus, we need to do something, and we 18 

### need to move quickly. 19

### The emission of carbon dioxide from human 20 

### activities have the biggest impact on the earth's 21 

### climate than anything else. Plants, oceans, soil 22190

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### releases, and -- and -- and other things are done 1 

### in quantities that are naturally part of the 2 

### cycle. These things go away, but the things that 3 

### we put into the air don't go away by themselves. 4 

### We need to move quickly. 5 

### Some people have said, well, it might be 6 

### a little too late to do anything. I want to 7 

### thank you for realizing that it's not too late 8


### and that we need to start now. 9 

### Climate change is a human right. 10 

### Communities across the globe are dealing with 11 

### devastating impacts from families displaced from 12 

### their homes due to extreme weather events to our 13 

### children suffering from health -- the health 14 

### impact of air quality. 15

### My great grandson just turned a year old. 16 

### I would like for him to have air to breath. It's 17


### not too late. 18

### I have to go on forever, but I won't. I 19 

### want -- again, my main -- the main message that I 20 

### want to give is to find a way to prevent delays. 21 

### I know in some states and some areas people are 22191

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### going to do every -- anything they can to make 1 

### this process take longer. Please do not allow 2


### that. 3 

### As you're going through this, remember 4 

### that it doesn't matter about the person's 5 

### political affiliation, their race, their gender 6 

### -- it doesn't matter. We're all human beings. 7 

### We have one planet, and we must save this planet. 8 

### Also, I'd like to encourage you to ensure 9 

### that the standards in the federal plan are 10 

### achieved based on the standards you've set. 11 

### Protect the low income consumers by maximizing 12 

### utility incentives. And please, please, please 13 

### don't allow giveaways or allowances to the most 14 

### polluting sources which are these big energy 15 

### companies. Thank you. 16

### MS. DUNHAM: Thank you very much. 17

### Next I'd like to invite Jonathan Bean and 18


### Tom Burkett to the table. 19

### Great. So, Mr. Bean, when you are ready. 20

### MR. BEAN: Okay. My name is Jonathan 21 

### Bean, J-O-N-A-T-H-A-N, Bean, like the food, 22192

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### B-E-A-N. 1 

### So, why do I care about the 2 

### sustainability of the climate, earth, and the 3 

### human society? 4 

### I was born into a very different earth 5 

### and society than the world of my parents and 6 

### their ancestors that they inherited. My 7 

### generation -- I'm 25 years old -- it is not in 8 

### the same position and we do not share the same 9 

### future as the older generations. We inherit a 10 

### world that has been consumed unsustainably. It 11 

### is as if my parents punched holes in the house 12 

### right before they gave it to me. The difference 13 

### is that the house is spaceship Earth and cannot 14 

### be replaced in the near future. I do not want to 15 

### live in a world that does not sustain itself 16 

### indefinitely or at least a few hundred years. 17

### I intend to do everything I can to ensure 18 

### the healthy and sustained future of earth and 19 

### humanity that I am deeply connected to. My ego 20 

### died around my teenage years. All that is left 21 

### is a collective earth organism. I sort of die in 22193

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### consciousness and identity -- a few of the heart 1 

### feelings and desires of Gaia. 2 

### Gaia theory is the idea that earth acts 3 

### like a living organism and Gaia is crying. 4 

### Humanity, the brain organ of Gaia, is diseased. 5 

### We have Gaia and Gaia has an identity disorder. 6 

### She has multiple, conflicting identities and 7 

### personalities. 8 

### The Clean Power Plan is one treatment for 9 

### her self-harming behaviors; and we can do better. 10 

### We can continue climate Gaian destruction or we 11 

### can accept our disorder and get treatment. We 12 

### are at a critical fork in the road that Gaia 13 

### travels on. We either plummet into climate 14 

### destruction or we take a sustainable course. It 15 

### is all a matter of willpower. We are addicted to 16 

### self-harming behaviors which is fossil fuel 17 

### consumption. Like cigarettes were once thought 18 

### to be harmless, so now fossil fuel is now a known 19 

### carcinogen to Gaia's climate system. We can be a 20 

### pest or a symbionce in cymbiosis with earth. 21 

### Many symbionce start out as parasites but evolve 22194

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### to more efficient relationships with their hosts 1 

### and partners. 2 

### Let's choose to be in cymbiosis with the 3 

### earth before she targets us as a cancer or 4 

### parasite. 5 

### I'd like to tell you some -- some other 6 

### things that we can do to improve the climate 7 

### besides the traditional options. There is -- 8 

### there is one solution called the Earth 9 

### Symbuyosis. I am the founder and CEO. It is an 10 

### ethical consumption like Levett. And what we -- 11 

### what it -- what it -- how it helps the world, 12 

### the climate, it makes ethical consumption easy 13 

### and fun by helping you measure, track, compare, 14 

### and reward your sustainable consumption of food 15 

### and other products. We need help to get this -- 16 

### just to get this going. And we are interested in 17 

### pay for its success social impact bond funding 18 

### and opportunities with governments and 19 

### organizations. 20

### I want to use investments to fund web app 21 

### development and data collection and analysis. 22195

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### People already play the sustainable consumption 1 

### game, but they don't know their score. I want to 2 

### help people measure their score. Also, I wish to 3 

### incentivize people to improve their score. 4 

### World Watch Institute says meat 5 

### production and animal production accounts for 51 6 

### percent of carbon equivalent emissions. Many 7 

### other studies agree that at least one-fifth or 23 8 

### percent of greenhouse gas emissions originate 9 

### from agriculture. Even if it is not 50 percent 10 

### of the greenhouse gases, switching to a plant11 

### based diet cuts emissions of food in half, and we 12 

### see the benefits in 15 years compared to CO2 13 

### which will stick around for hundreds of years. 14 

### Thank you. 15

### MS. DUNHAM: Thank you very much. 16


### Mr. Burkett? 17

### MR. BURKETT: Yes, my name is Tom 18 

### Burkett. That's T-O-M, B-U-R-K-E-T-T. I'm a 19 

### Co-Director of Virginia River Healers, a citizen 20 

### in Virginia and a Professor at Virginia 21 

### Commonwealth University. I'm not speaking on 22196

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### part of the University; I'm speaking as a 1 

### resident of Virginia and the Co-Director of the 2


### VRH. 3 

### The VRH is a citizen driven environmental 4 

### group that conducts independent testing for 5 

### concerned Virginians dealing with soil, water, 6 

### and air toxicity issues. The VRH is committed to 7 

### producing open source data through specific 8 

### analysis and generating information for 9 

### environmental defense and citizen arms. 10

### At this point the VRH has produced coal 11 

### ash reports on various Dominion Power coal ash 12 

### ponds and landfills. These analysis -- analyses 13 

### allow citizens to get specific information 14 

### regarding trace metals and carcinogenic toxins in 15 

### their air and well water due to the proximity of 16 

### Dominion Power's coal plants and coal ash 17 

### landfills. 18

### Through communal synchronization the VRH 19 

### plans to continue to gain access to facilities 20 

### where state and federal legality and organization 21 

### has failed to monitor and expose the information 22197

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### we need in times of geographic precarity. 1 

### Environmentalism has become a very large 2 

### and conceptual project. As the current 3 

### conversation of global warming and carbon 4 

### emissions gets pushed further into an alienating 5 

### global conversation, these community and regional 6 

### conferences remain an important way to address 7 

### the immediate issues of the state's energy 8 

### industry and our personal health. 9 

### Two words: clean and power mark the 10 

### title of the proposed plan. I would like to talk 11 

### about the epistemic structure of the term clean 12 

### power. Power is the ability to influence or 13 

### control of behavior of people. Authority of 14 

### power in our state is perceived as legitimate by 15 

### the current structure of energy production. The 16 

### current monopoly of Virginia's energy industry 17 

### has created authoritative power structure that 18 

### just disposes of people subservient to Dominion's 19


### power. 20

### But to be dispossessed by such a power 21 

### structure is to occupy a place of non-being where 22198

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### a precarious dependence upon energy production 1 

### norms, such as coal, regulates the way life is 2 

### lived. 3 

### Dispossession originally referred to the 4 

### practices of land encroachment, but the 5 

### escalation of laissez-faire capitalism has 6 

### expanded the structure of the word into something 7 

### much broader. Dispossession now speaks to how 8 

### human bodies, through power structures 9 

### originating from an inherent ownership of 10 

### property, become materialized and dematerialized 11 

### through various histories of slavery, 12 

### colonization, apartheid, democratic alienation, 13 

### and now climate and homeostasis change. 14

### Virginia's communities are paying the 15 

### cost of a resource curse, living amongst the 16 

### toxic air and well water from airborne dust and 17 

### leeching metals of Dominion's Power coal ash 18 

### landfills. The reinforced political 19 

### irrationality of coal in the state has formed a 20 

### post-environment where human rights are 21 

### compromised. Environmental disposition now 22199

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### becomes both a physical and psychological abuse 1 

### of our rights. Industries are able to construct 2 

### our legitimacy through the use of land and 3 

### dispossess those who live near industrial 4 

### property. This act of dispossession will 5 

### continue to attempt of turning many Virginians 6 

### into illegitimate subjects and second-class 7 

### citizens unless that order of power is reversed. 8 

### Clean. Clean is to be free from dirt. 9 

### To clean a wound is to make sure it is safe from 10 

### contamination and disease. A clean soul is a 11 

### soul that is free from moral corruption and 12 

### sinister activities of any kind. 13

### Inhale. If you take a deep breath and 14 

### the air that comes through your throat, pours 15 

### down your trachea, fills your bronchi and forces 16 

### your alveoli to expand. Now do this in the same 17 

### -- do the same activity in the Virginian towns of 18 

### Bremo, Chesterfield, and Clover, and the air that 19 

### your diaphragm is now forcing down your 20 

### bronchioles is filling your alveoli and coating 21 

### thin layers of blood tissue with chromium, lead, 22200

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### and arsenic from dust and the emissions of the 1 

### town's power plants and landfills. 2 

### With a Congress that is currently in 3 

### fever over a health care bill and immigration 4 

### reform that has been shouted as an infringement 5 

### on religious freedom and our civil liberties, it 6 

### seems fair to ask why the inability for a newborn 7 

### to breathe without such sin filling their 8 

### developing blood tissue is not considered an 9 

### afront to religious freedom. Virginia demands a 10 

### clean environment free of such sin, industrial 11 

### perversion, and spiritual recklessness. We 12 

### demand an environment that fosters religious 13


### freedom. 14


### Clean Power would mean the current 15 

### structure of energy policy would be to properly 16 

### enforce regulation in our state, a regulation 17 

### that balances the playing field for developmental 18 

### -- development of alternative energy resources 19 

### and decreased consumption. 20

### Three things we need added to this plan: 21 

### This plan would mark the most progressive 22201

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### regulations on carbon emissions to date, but 1 

### clean air is not going to come from only 2 

### regulating carbon emissions at the point of 3 

### combustion. Many harmful forms of energy by4 

### products are left out. We need to see that the 5 

### dust particulates caused from coal ash landfills 6 

### make that list. as we have seen from experience 7 

### with the adaptation of new scrubbers in coal 8 

### plants, this modification continues to produce 9 

### greater amounts of toxic waste. 10

### Address transparency: The public needs 11 

### to know the testing results of the air and water 12 

### that are they -- that are they -- that they are 13 

### breathing and ingesting. 14

### The plan needs to come sooner, and please 15 

### warn the states that oppose this plan what they 16 

### will create without adoption of their plan's 17 

### regulation is a citizen base that is held in 18 

### environmental terror by energy corporations. 19 

### Thank you. 20

### MS. DUNHAM: Thank you very much. Thanks 21 

### to both of you. 22202

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### Next I'd like to invite Todd Nedwick and 1 

### Amanda Hurowitz to the table. 2 

### AUDIENCE MEMBER: She's feeding her baby. 3 

### MS. DUNHAM: Oh, okay. Do we -- is she 4 

### ready? 5 

### (Pause.) 6 

### Okay. Well, let's start with Mr. 7 

### Nedwick. Go ahead. 8 

### MR. NEDWICK: Good afternoon. My name is 9 

### Todd Nedwick. That's T-O-D-D, N, as in Nancy10


### E-D-W-I-C-K. 11

### I am the Housing and Energy Efficiency 12 

### Policy Director with the National Housing Trust, 13 

### a national nonprofit dedicated to protecting and 14 

### improving existing affordable rental housing. 15

### We own and operate about 3,500 affordable 16 

### apartments throughout the Mid Atlantic. We have 17 

### seen firsthand the impact of utility costs on our 18 

### residents' ability to make ends meet and on our 19 

### ability as a property owner to maintain 20 

### affordable rents while investing in resident 21 

### services and building improvements. 22203

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### Energy efficiency is a critically 1 

### important tool to help preserve affordable rental 2 

### housing and reduce the energy burden on low 3 

### income renters. Unfortunately, multifamily 4


### rental homes have been found to have far fewer 5 

### energy efficiency measures than any other type of 6 

### housing. And spending by renters on home energy 7 

### has increased by 53 percent from 2000 to 2010. 8 

### That's more than twice the rate of growth in 9 

### spending on all other goods and services. 10

### The National Housing Trust strongly 11 

### supports the Clean Power Plan because of the 12 

### environmental and health benefits it will 13 

### provide. We also applaud the EPA for taking 14 

### steps in the final rule to ensure that the 15 

### benefits of the CPP are shared equitably with low 16 

### income vulnerable households. 17

### I think EPA said it best on page 1,317 of 18 

### the Final Rule: It is important to ensure that 19 

### all communities share in the benefits of this 20 

### program. And while we estimate that its benefits 21 

### will greatly exceed its cost, it is also 22204

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### important to ensure that to the extent there are 1 

### increases in electricity costs, that those do not 2 

### fall disproportionately on those least able to 3


### afford them. 4 

### In order to ensure that low income 5 

### renters are not burdened by higher utility bills, 6 

### NHT and our partners will encourage states to 7 

### maximize incentives for energy efficiency 8 

### investments in low income housing in their 9 

### compliance plans. 10

### With respect to the Clean Energy 11 

### Incentive program we make the following 12 

### recommendations which are focused on maximizing 13 

### the benefits for low income households. 14

### First, eligibility for energy efficiency 15 

### projects under the CEIP should be limited to 16 

### truly hard-to-reach sectors, including low income 17 

### residential housing, both single and multi-family 18


### homes. 19

### Second, EPA should not rely solely on a 20 

### geographic based definition of community. Doing 21 

### so would exclude some low income households from 22205

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### benefitting. There are thousands of affordable 1 

### multifamily buildings throughout the country that 2 

### are not located in high poverty communities but 3 

### are home to very low income families. In some 4 

### cases these properties are the only source of 5 

### affordable housing in the community. Reducing 6 

### energy usage in these properties would help 7 

### significantly to ensure continued operation with 8


### affordable rents. 9 

### Therefore, EPA's definition of low income 10 

### communities should also encompass the option of 11 

### qualifying a project based on household 12 

### demographics -- in other words, household level 13 

### income status. 14

### One disadvantage of using a demographic15 

### based definition is the potential administrative 16 

### burden of verifying household incomes. It is 17 

### especially burdensome to verify household income 18 

### levels in multifamily buildings where there can 19 

### be up to a hundred units or more. 20

### To address this challenge, EPA should 21 

### work with the Department of Housing and Urban 22206

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### Development to identify properties that are 1 

### already subject to income verification processes 2 

### and designate such properties as automatically 3 

### eligible to participate in the CEIP. 4 

### This was the approach that the Department 5 

### of Energy took during the expansion of the 6 

### Weatherization Assistance Program under the 7 

### Federal Stimulus. 8 

### Our third and final recommendation for 9 

### the CEIP relates to how EPA proposes to divide 10 

### the pool of matching early action credits between 11 

### renewable energy and energy efficiency projects. 12 

### EPA should designate more than 50 percent of the 13 

### early action credits for energy efficiency 14 

### projects in low income communities. 15

### There are persistent barriers to 16 

### efficiency investments in the hard-to-reach low 17 

### income sectors. In contract, there has been 18 

### impressive growth in the utility scale in 19 

### residential solar markets in the U.S. with as 20 

### much as 40 percent of all new electricity 21 

### generating capacity in the last year coming from 22207

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### solar, calling into question the necessity of 1 

### using the CEIP to further incent solar energy 2 

### development. 3 

### Furthermore, to the extent there are 4 

### already action credits provided for solar energy 5 

### development, eligible projects should be limited 6 

### to community solar and distributed solar energy 7 

### projects targeted to affordable homes in low 8 

### income communities. Doing so would align the 9 

### CEIP with the federal government's initiative to 10 

### increase access to solar energy for low and 11 

### moderate income communities. 12

### This initiative includes a goal to 13 

### install 300 megawatts of renewable energy in 14 

### federally subsidized affordable homes. The CEIP 15 

### should be used to help advance this important 16 

### goal. 17

### Thanks for your time. 18

### MS. DUNHAM: Thank you very much. 19

### Ms. Hurowitz, when you're ready. 20

### MS. HUROWITZ: Hi. Here we go. Let me 21 

### see if we can do this without waking her up. 22208

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### MS. DUNHAM: That would be impressive to 1


### do. 2 

### MS. HUROWITZ: Oh, thank you. Here we 3


### go. 4 

### My name is Amanda Hurowitz, and this is 5 

### my daughter, Daisy. She's five and a half months 6 

### old. We live in Woodley Park here in Washington, 7 

### D.C. I'm currently on maternity leave, but in 8 

### August I'll return to teaching social studies at 9 

### Thomas Jefferson High School for Science and 10 

### Technology in Northern Virginia. 11

### My students and I are really concerned 12 

### about climate change, and we're doing everything 13 

### we can in our lives and local communities to 14 

### fight it. Here are some of the highlights: 15

### I've worked with my students to raise 16 

### money to put a solar array on the roof of their 17 

### school which former EPA Administrator Lisa 18 

### Jackson actually spoke at our kick-off and helped 19 

### to dedicate it. 20

### We traveled to Wise County in the heart 21 

### of Appalachia to unsuccessfully stop Virginia 22209

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### from building a coal fire power plant. 1 

### We've lobbied our members of Congress, 2 

### our state governments, our local governments. 3 

### We've spoken at Green Building conferences. We 4 

### participated in too many rallies to count. 5 

### Some of us have become vegetarians. And 6 

### in my personal life when we bought a house two 7 

### years ago, we immediately installed solar panels, 8 

### changed the light bulbs to LEDs, programmed the 9 

### thermostat, and haven't had our meter run past 10 

### zero since then. 11

### But I'm not naïve enough to think that 12 

### our actions in our communities alone can stop a 13 

### problem like global warming. I teach social 14 

### studies, and one of my favorite eras to teach 15 

### about is the progressive era. That's when we 16 

### switch from a gilded age, laissez-faire political 17 

### culture that failed to address the problems 18 

### created by industrialization to the idea that the 19 

### government can be the solution. Regulating CO2 20 

### emissions and other greenhouse gases is the 21 

### proper role of government. 22210

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### Individual action, while important, was 1 

### not enough to tackle the problems of the gilded 2 

### age, and it's not enough to tackle the problems 3 

### of our age. Businesses are in the business of 4 

### making money. It's not their job to protect 5 

### human health, but it is the responsibility of 6 

### government to protect the health of its citizens. 7 

### Retiring coal fired power plants will do just 8


### that. 9 

### I, and my sister, who's over there, grew 10 

### up on Long Island. Our home was devastated by 11 

### Hurricane Sandy. It wasn't the rain. There was, 12 

### in fact, very little precipitation. It was the 13 

### storm surge. Sea level rise is always scary in 14 

### the abstract, but the reality was so much more 15 

### so. We lost two cars, a boiler, had to gut the 16 

### first floor down to the studs. Fish showed up in 17 

### our closets. My parents had no electricity for 18 

### weeks, and no heat for over a month. 19

### Having seen this up close I can tell you 20 

### that reducing greenhouse gas emissions is much, 21 

### much, much more cost efficient than dealing with 22211

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### the consequences of global warming. 1 

### Finally, I used to think it rather cheesy 2 

### when parents talked about their children in these 3 

### contexts, but now that I have one of my own, I'm 4 

### beginning to understand that impulse. We put so 5 

### much time and effort into raising our children. 6 

### We want to leave them a world where their life 7 

### won't be cut short by an asthma attack, where 8 

### they don't have to worry about hurricanes 9 

### flooding their home, or the myriad other 10 

### geopolitical consequences of the warming world. 11

### That is why I'm here today to implore you 12 

### to create a Federal Implementation Plan with 13 

### aggressive targets. It should cover new as well 14 

### as old power plants. It should not have 15 

### loopholes for dirty energy, and we should 16 

### prioritize energy efficiency and incentives for 17 

### wind, especially offshore, and solar energy. 18

### The Supreme Court has reaffirmed the 19 

### EPA's authority under the Clean Air Act multiple 20 

### times, and regardless of what the Senate just 21 

### did, the Supreme Court here is the institution 22212

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### that matters. In fact, it was the Supreme Court 1 

### who ordered the EPA to create these rules in the 2 

### first place. 3 

### The reality is that we are downwind of 4 

### many states who are just not going to clean up 5 

### their act unless EPA acts forcefully. They are 6 

### putting us and Daisy here in serious risk. It's 7 

### just wrong, and we need your help to protect us. 8 

### The impact of global warming and other 9 

### air pollution will be felt by all of us. If 10 

### states fail to create their own Clean Power 11 

### Plans, it is your job to step in. Please be 12 

### aggressive. 13

### Daisy wants clean air, and she's not 14 

### going to stop drooling until she gets it. 15

### (Laughter.) 16

### MS. DUNHAM: Thank you very much. Thank 17 

### you both -- all three of you. 18

### All right. Next I'd like to invite Sara 19 

### Chieffo and Ann Valdez to the table. 20

### And, Ms. Chieffo, when you're ready, 21 

### great. 22213

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### MS. CHIEFFO: Thanks. So, thank you guys 1 

### for taking the time to provide this critical 2 

### opportunity for all of us to comment. We know it 3 

### takes a lot of resources and your time, so thank 4


### you. 5 

### My name is Sara Chieffo spelled S-A-R-A; 6


### last name C-H-I-E-F-F-O. 7 

### And first, let me start by just saying 8 

### why I'm here today. I'm here as a mom and asthma 9 

### sufferer whose asthma is worse during smog and 10 

### summer seasons; and I'm also here as the Vice11 

### President of Government Affairs at the League of 12 

### Conservation Voters. 13

### I feel very lucky to be part of LCV's 14 

### team, and our mission is to turn environmental 15 

### values into national, state, and local 16 

### priorities. We work to advance these goals in 17 

### close partnership with over 30 state partners. 18

### And the science is clear. I'm sure 19 

### you've heard a lot of these points today that I'm 20 

### going to make, but let me just reiterate. The 21 

### science is clear. Climate change is here, and we 22214

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### are the main cause. Across the country people 1 

### are seeing the impacts right outside their 2 

### windows. This is no longer a distant problem 3 

### people can no longer feel and touch. 4 

### Whether it's the devastation wrought by 5 

### extreme storms like Super Storm Sandy and the -- 6 

### and the compassionate story you just heard or the 7 

### devastating drought hitting my home state of 8 

### California or the wildfires and floods in 9 

### Colorado. These are expensive and real impacts 10 

### that lead to lost lives, and we have a 11 

### responsibility to act. 12

### Also on the economic front, our nation is 13 

### already footing the bill for climate change. In 14 

### 2013 there were seven separate weather and 15 

### climate disasters whose price tags exceeded $1 16 

### billion. As was commented earlier, it's much 17 

### more expensive to deal with the causes of climate 18 

### change than the impacts. 19

### Doctors, nurses, scientists, military 20 

### leaders, and other experts have sounded the 21 

### alarm. If we don't act, carbon pollution will 22215

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### lead to catastrophic impacts. Climate change, as 1 

### you've heard, is a clear threat to our health. 2 

### The rising temperatures make smog pollution 3 

### worse, triggering asthma attacks like my own and 4 

### my twin sisters, and even permanently damaging 5 

### children's developing lungs. 6 

### Fortunately, on the positive side the 7 

### solutions to climate change -- that is, moving 8 

### away from fossil fuels provide a significant 9 

### opportunity to create jobs, reduce energy waste, 10 

### and save consumers money. 11

### Fossil fuel fired power plants which is 12 

### what is at the heart of this proposal are the 13 

### single largest source of carbon pollution in our 14 

### country, and they account for more than a third 15 

### of annual global warming emissions. The Clean 16 

### Power Plan is a very big deal. 17

### Until now these polluters have been 18 

### allowed to dump unlimited amounts of carbon 19 

### pollution into our air for free. Finally, that's 20 

### going to come to an end. This plan sets exciting 21 

### state-by-state pollution reduction targets, and 22216

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### it empowers states to craft the solutions that 1


### work best for them. 2 

### Now if states fail to act, as we know 3 

### many will, the EPA has the responsibility and the 4 

### authority under the Clean Air Act to step in. 5 

### And that's why this proposed Federal 6 

### Implementation Plan and getting it done right is 7 

### so important. It's a critical backstop to make 8 

### sure that all communities are protected 9 

### regardless of what their governors do or do not 10 

### do. Whether they decide to seize the opportunity 11 

### to chart their own paths or whether or not they 12 

### follow Mitch McConnell and the just say no 13 

### strategy to acting on climate change. 14

### The Federal Implementation Plan is also 15 

### an opportunity to provide a model for states as 16 

### they develop their own plans. 17

### To that end we encourage you to finalize 18 

### a strong Federal Implementation Plan that ensures 19 

### that all communities are protected. This 20 

### includes low income and communities of color who 21 

### currently suffer disproportionately from air 22217

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### pollution. 1 

### The plan should also maximize utilities' 2 

### incentives to invest in energy efficiency and 3 

### save consumers' money while providing a clear 4 

### process for meaningful community engagement and 5 

### input. 6 

### Limiting carbon pollution is really, 7 

### really popular, including enjoying support from 8 

### four out of five young people, people with the 9 

### most at stake in this challenge. So, I've turned 10 

### yellow, so I will -- or orange so I will -- I 11 

### will wrap up here. 12


### But these standards are so common sense 13 

### that people assume they're already in place. So, 14 

### I want to end with a vote of confidence for you 15 

### guys. Go ahead. Momentum's on our side, and we 16 

### would not be here today without the leadership 17 

### both of Administrator McCarthy and the President 18 

### who is really leading the charge both here at 19


### home and across the world to make sure that we 20 

### tackle this challenge as a global community. 21

### And let me just close by saying, you 22218

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### know, I get to feel like I wear an invisible cape 1 

### a lot of days and be a crusader for clean air and 2 

### fight for a safer planet, and I -- I feel really 3 

### lucky to dedicate my -- my career to that; but, 4 

### you know, I have a whole new sense of 5 

### responsibility. 6 

### When I first testified a few years ago 7 

### about the idea of EPA setting these limits that 8 

### we're here today to talk about, I was newly 9 

### married and really, you know, so much 10 

### opportunity. And now I am just trying to catch 11 

### up with my two and a half year old, so thank you 12 

### on behalf of my daughter Stella for all that 13 

### you're doing and all we're doing together to make 14 

### sure we have clean air and a safer planet. 15

### MS. DUNHAM: Thank you very much. 16


### Ms. Valdez. 17

### MS. VALDEZ: Hello, my name is Ann 18


### Valdez. 19


### MS. DUNHAM: Valdez. 20

### MS. VALDEZ: A-N-N, V-A-L-D-E-Z. 21

### As I said, my name is Ann Valdez, and I'm 22219

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### a leader at Community Voices Heard in New York 1 

### State and a member of National People's Action. 2 

### I am a resident of Coney Island in 3 

### Brooklyn, New York, where Hurricane Sandy had a 4 

### devastating effect on families that should be 5 

### going through a massive rebuilding three years 6 

### later, yet there -- they are more concerned with 7 

### construction of recreational facilities for non8 

### residents than homes. 9 

### Three years after the devastation of 10 

### Hurricane Sandy thousands of people are still 11 

### suffering from the effects of the storm. As one 12 

### of the thousands of families living in public 13 

### housing, we are still working with the temporary 14 

### boilers that were provided after the regular 15 

### system failed to provide heat and hot water. 16

### Three days before the storm hit I was 17 

### forced to evacuate with my family from our 18 

### development at Gravesend houses in Coney Island 19 

### to a public school to access safety. We stayed 20 

### there in a classroom for five days and then were 21 

### moved to a very crowded environment in a high 22220

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### school which lasted for one week where safety and 1 

### hygiene became an issue. 2 

### We returned back to our public housing 3 

### residence in Coney Island to avoid the 4 

### overcrowding and safety challenges and were met 5 

### with no heat or hot water for more than a week. 6 

### Returning to the community I was 7 

### evacuated from and the place that I called home 8 

### to be -- to be proved to be traumatic. I see all 9 

### the destruction and devastation was painful and 10 

### dampened our spirits. We returned to see no real 11 

### rebuilding or anyone to ask for needed resources. 12 

### Instead, we saw investment in entertainment 13 

### centers and other projects aimed at encouraging 14 

### people from the outside to benefit from the 15 

### devastation experienced by those who called Coney 16


### Island home. 17

### As a leader and resident of New York, we 18 

### recognized that investment on the part of the 19 

### federal government is critical to rebuilding 20 

### efforts for all who have experienced this kind of 21 

### destruction. We need investment in cleaner 22221

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### energy, not in energy that is produced by -- by 1 

### continued reliance on fossil fuels. We need 2 

### solar energy and wind power installed on public 3 

### facilities like the flat roofs of most schools 4 

### and public housing developments. 5 

### We need investment, and training, and 6 

### employment that would enable low income residents 7 

### of Sandy affected areas to get well paying jobs 8 

### and move beyond the chain of poverty jobs. We 9 

### need the Federal Implementation Plan and the 10 

### Clean Power Plan to create good quality green 11 

### jobs in our neighborhoods and for our neighbors. 12

### I am here to encourage all of us to see 13 

### this as an opportunity to rebuild the way we 14 

### participate in thinking about and acting on our 15 

### climate challenges. We believe in pushing the 16 

### powerful in our nation to listen to and encourage 17 

### people of color and low income people in a 18 

### meaningful -- oh, engage people of color and low 19 

### income people in a meaningful participation 20 

### focused on our resiliency as a nation in response 21 

### to those challenging climate changes that affect 22222

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### us all. 1 

### I also would like to say I am also a 2 

### mother of three and grandmother of three. My 3 

### youngest grandchild just turned four months old. 4 

### (Crying.) Sorry. 5 

### MS. DUNHAM: Take your time. 6 

### MS. VALDEZ: I want him to be able to 7 

### live and be able to breathe and not have to be 8 

### like so many children on a nebulizer, on 9 

### machines, and on medication for his life. Thank 10


### you. 11

### MS. DUNHAM: Thank you. Thank you to 12 

### both of you. Thank you for sharing your stories. 13

### Okay. Next I'd like to call up Kate 14 

### Addleson and the Reverend Paul Wilson. 15

### Ms. Addleson, when you're ready. 16

### MS. ADDLESON: Yes. Thank you so much 17 

### for the opportunity to speak today. I actually 18 

### am speaking on behalf of Richard H. Ball, Ph.D., 19 

### Retired Energy Policy and Technology Analyst. 20 

### Would you like me to spell his name? 21

### MS. DUNHAM: Yes, please. 22223

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### MS. ADDLESON: Richard, R-I-C-H-A-R-D; 1 

### Ball, B-A-L-L. 2 

### Climate change is a critical global 3 

### issue, and the world must move rapidly to 4 

### mitigate it. EPA's Clean Power Plan clearly is a 5 

### central part of the U.S. effort to combat climate 6 

### change, and it is very important to U.S. efforts 7 

### to obtain a sound, international agreement in 8 

### Paris at COP21. I strongly support the Clean 9 

### Power Plan and want to see it succeed in its 10 

### goals. 11

### I will focus here on a few points about 12 

### how the Federal Implementation Plan should be 13


### formulated to advance the overall Clean Power 14 

### Plan goals. On Virginia's State Implementation 15 

### Plan: The final Clean Power Plan rule gives 16 

### states great flexibility. My state of Virginia 17 

### got off relatively easy in terms of its final 18 

### rate and mass targets. I am very concerned that 19 

### CO2 emissions could actually increase 20 

### substantially under some of the options open to 21 

### the state, especially if new sources are not 22224

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### capped under our state implementation plan or a 1


### FIP. 2 

### Virginia currently is headed towards a 3 

### future power system heavily focused on natural 4 

### gas power plants as evidenced by the 2015 5 

### Integrated Resource Plan of our largest utility 6 

### company. Natural gas is a fossil fuel that will 7 

### continue to emit CO2, cause damage from fracking 8 

### operations, and leak substantial methane into the 9 

### atmosphere from the natural gas fuel cycle. 10

### If our state is unable to submit a 11 

### satisfactory state implementation plan, we need 12 

### to have a sound federal implementation plan as an 13 

### alternative. 14

### On EPA's proposed Federal Implementation 15 

### Plan -- EPA's proposed that left open many 16 

### possible options, some of which could lead to 17 

### undesirable outcomes. For example, it appears 18 

### that undesirable sources of power could directly, 19 

### through lax state rules on qualified biogenic 20 

### sources or indirectly be allowed including waste 21 

### to energy, landfill gas, and wood burning in 22225

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### power plants that will actually increase CO2 1 

### emissions while -- while -- excuse me -- 2 

### decimating our forests. More generally, the 3 

### proposed rule could give allowances back to the 4 

### companies responsible for emitting carbon 5 

### pollution, allow states to increase their total 6 

### carbon pollution emissions from the power sector 7 

### by increasing natural gas use instead of wind, 8 

### solar, and efficiency or otherwise fall short of 9 

### its goals. 10

### To avoid the most serious potential 11 

### problems, the Federal Implementation should, one, 12 

### be as strong as possible to provide a good model 13 

### for state development -- state developed 14 

### implementation plans. It is especially -- excuse 15 

### me. It especially should not reward states that 16 

### fail to submit a satisfactory SIP or encourage 17 

### states to fall back on the Federal Implementation 18 

### Plan as a less stringent plan for reducing carbon 19 

### pollution emissions. 20

### If the FIP is not strong, it will tempt 21 

### many political forces within a state to torpedo 22226

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### preparation of a State Implementation Plan if it 1 

### appears that they can achieve their goals of 2 

### doing the least -- excuse me -- excuse me -- of 3 

### doing the least possible through a Federal 4 

### Implementation Plan. It is often easier 5 

### politically to kill a program than to create one. 6 

### Two, to maximum -- to the maximum extent 7 

### feasible, include measures that encourage energy 8 

### efficiency, clean solar and wind energy rather 9 

### than investments in new natural gas fossil energy 10 

### generation that would lock in carbon emissions 11 

### well into the future. 12

### Three, lead to maximum reductions of 13 

### total carbon pollution from the electric power 14 

### sector in the state, including covered and 15 

### uncovered or new sources, or from a group of 16 

### cooperating trading states The most direct and 17 

### certain way to achieve that would be to include 18 

### new as well as existing sources under a mass19 

### based cap, if feasible, or as an alternative at 20 

### least set aside and retire a substantial 21 

### proportion of state allowances. 22227

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### Further, protect low income consumers by 1 

### maximizing utilities' incentives to invest in 2 

### energy efficiency which -- which lowers all 3 

### household energy bills and especially to invest 4 

### heavily in free efficiency measures applied to 5 

### low income households. 6 

### In addition, not allocate allowances to 7 

### fossil fuel electric generating units. Reward 8 

### historical emissions of carbon pollution or be 9 

### based on historical generation by fossil fuel 10 

### electric generating units since that encourages 11 

### future emissions. Rather, allowances preferably 12 

### should be auctioned and proceeds directed to 13 

### public purposes, including off-sending Clean 14 

### Power Plan program costs that would raise 15 

### electricity rates to residential and commercial 16 

### customers, incentivizing efficiency and renewable 17 

### energy generation, alleviating energy costs to 18 

### low income consumers, funding climate change 19 

### resiliency programs, protecting citizens against 20 

### environmental justice impacts or regional 21 

### economic development in regions adversely 22228

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### affected by economic impacts of declining coal 1



### use. 2 

### And I will -- I see that the time has 3 

### lapsed, so I will encourage him to submit these 4 

### in writing to you as well. Thank you so much. 5 

### MS. DUNHAM: Thank you very much. 6 

### Reverend Wilson, when you're ready. 7 

### REV. WILSON: Thank you. My name is 8 

### Reverend Paul M. Wilson, P-A-U-L, middle initial 9 

### M, last name Wilson, W-I-L-S-O-N. I am the 10 

### senior pastor of Union Hill and Union Road 11 

### Baptist Churches located in rural Buckingham 12 

### County, Virginia. 13

### I am present today because of those two 14 

### churches, member of the Friends of Buckingham and 15 

### of several local church bodies who -- we have 16 

### over -- our two churches have about 250 members, 17 

### but I also represent our church body -- the 18 

### immediate body which has about 4,000 members. 19 

### And then I can name some other state bodies as 20


### well. 21

### I'm here to bring attention of the plight 22229

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### of people who live and work in what is being 1 

### proposed for our community, the proposed ACP 2 

### project designated to pass through Buckingham 3 

### County, Virginia, with its proposed 41,000 4 

### horsepower compression station for our locality 5 

### is unacceptable and contrary to our tranquil and 6 

### peaceful way of life. 7 

### The proposed compression station will 8 

### have a direct and undesirable affect. One, 9 

### health concerns; two, environmental concerns; and 10 

### three, financial viability of our community. 11

### Our two churches, one church with two 12 

### locations, lie less than one mile of the proposed 13 

### compressor station with -- and we will suffer 14 

### immeasurable harm. 15

### Other than the monetary promises made by 16 

### the immense corporations such as Dominion Power, 17 

### Duke, et cetera, why are not the moral 18 

### implications being addressed? Why have 19 

### politicians and the like been bamboozled, 20 

### hoodwinked, et cetera, to side with big business, 21 

### and our church community, primarily 250 elderly 22230

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### African-Americans with immeasurable health 1 

### concerns, be ambushed by corporate America and 2 

### being told in a heavy-handed unconvoluted manner 3 

### what is best for us, our community? 4 

### What good does a proposed compressor 5 

### station bring to our tranquil and historic area? 6 

### The energy industry has a poor and dismal record 7 

### at best, a poor track record in maintaining 8 

### government accepted standards of pollutants. Why 9 

### is our community being pushed aside and stepped 10 

### over in the name of progress and financial gain 11 

### for big business and the like? Why must our 12 

### community be expected to be and accept the 13 

### definition and sacrificial lamb or acceptable 14 

### collateral damage? Our community and lives and 15 

### way of life do matter. 16

### The Clean Power Act is to protect us and 17 

### communities -- our communities and the like, not 18 

### destroy us and regulate communities like ours to 19 

### what once was and today not is. Five hundred and 20 

### eighty-five million pounds a year of hazardous 21 

### pollutants, including methanes, monoxides, 22231

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### nitrogen oxides, volatile organic compounds, 1 

### formaldehydes, et cetera, into our community air, 2 

### water, soils is totally unacceptable in our 3 

### community. 4 

### If we cannot be heard, listened to, or 5 

### address, what is the purpose of hearings and of 6 

### forums such as these? Our community is unable to 7 

### relocate. It's not about in your back yard. We 8 

### are concerned about all yards. Listen to the 9 

### people who will be most affected. 10

### The previous studies, reports, statistics 11 

### -- and I think that you already have most of that 12 

### stuff -- support our position. But if we had 13 

### five and half billion dollars to spend such as 14 

### the ACP is proposing to spend, then maybe little 15 

### people like us could be heard. 16

### Now we're the people who live there. My 17 

### folk -- and my church where I'm pastor and I've 18 

### been there for about 18 years. I've been a 19 

### pastor in Virginia for the last 43 years, been in 20 

### ministry for 45. I have witnessed a whole of 21 

### destruction by big business. And we just refuse 22232

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### to be pushed over and accept the standards of 1 

### what big business is proposing for us and trying 2 

### to tell us what is safe for us. 3 

### The record already speaks for itself. 4 

### And if we look through other communities, we have 5 

### already seen the damages that it has been -- you 6 

### know, that has been done. So we just want to be 7 

### heard. We do not want the compressor station, 8 

### nor the pipeline in our historic community. 9 

### I think that's about five minutes. Thank 10


### you. 11

### MS. DUNHAM: Okay. Thank you very much. 12 

### Thank you. Thanks to both of you. 13

### Next I would like to invite Erica Wagner 14 

### and Emily Becker to the table, please. 15

### Okay. Let me just -- I'm sorry. You're 16 

### Ms. Wagner or Ms. Becker? 17


### MS. BECKER: Ms. Becker. 18

### MS. DUNHAM: Becker, okay. Is Erica 19 

### Wagner here? 20

### (No response.) 21

### No. Okay. Why don't you go when you're 22233

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### ready, Ms. Becker? 1 

### MS. BECKER: Okay. My name is Emily 2 

### Becker, E-M-I-L-Y, B-E-C-K-E-R. 3 

### I'd like to thank you for the opportunity 4 

### to submit formal testimony regarding EPA's 5 

### Proposed Clean Power Plan. And like I said, my 6 

### name's Emily Becker, and I'm here today both in 7 

### my own capacity as a citizen. I come from 8 

### Pennsylvania, but also from the National Wildlife 9 

### Federation -- to express my strong support for 10 

### EPA's historic action to combat climate change by 11 

### setting limits on carbon pollution from our 12 

### existing power plants. 13

### I'm an intern at the National Wildlife 14 

### Federation, preparing to go to the UNF Triple C 15 

### COP in Paris which begins in 11 days. 16

### While NWF has a national focus aiming to 17 

### protect our nation's wildlife, wild spaces, and 18 

### citizens, we also recognize that climate impacts 19 

### are not just national. I believe that the U.S. 20 

### needs to be a leader when it comes to decreasing 21 

### emissions and acting on climate change; and the 22234

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### Clean Power Plan is a step in this direction, 1 

### aiming to protect our own communities and 2 

### decrease climate emissions which claimed this 3 

### larger global issue. 4 

### In many ways the U.S. has been slow to 5 

### act on -- or in some cases even accept the 6 

### problem of climate change even as we are slammed 7 

### with weather events, droughts, and fires. 8 

### By reducing reliance on coal burning for 9 

### power generation in the U.S., the Clean Power 10 

### Plan will help protect wildlife and people by 11 

### reducing not only carbon pollution but other 12 

### harmful pollutants like mercury that poison fish 13


### and threaten all those who eat them. 14

### The Clean Power Plan will reduce the need 15 

### for more coal mining that's destroying precious 16 

### wildlife habitat and sends a strong message 17 

### globally that the U.S. is willing to protect us 18 

### as well as act on climate more broadly. 19

### For states that do not create their own 20 

### plans to cut carbon pollution from power plants, 21 

### we, the National Wildlife Federation and I, 22235

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### personally, commend the EPA for creating this 1 

### backstop federal guaranty for reducing carbon 2 

### pollution. 3 

### The federal plan should be strong and 4 

### aimed at protecting people and wildlife from 5 

### power plant carbon pollution in order to ensure 6 

### proper pollution reductions and to encourage 7 

### wildlife-friendly renewable energy solutions. 8 

### The proposed plan should be finalized in a timely 9 

### manner so that states have time to use it to 10 

### guide the formulation of their own plans. 11

### As an intern in D.C. I'm just starting my 12 

### career, but in a big way by participating in the 13 

### COP as a badged delegate. I'm proud to be able 14 

### to go to Paris and say that the U.S. is acting on 15 

### climate through the Clean Power Plan and the 16 

### Federal Implementation Plan will play a huge role 17 

### in the success of this. Thank you. 18

### MS. DUNHAM: Thank you very much. 19

### Okay. I'd like to invite Eli Briggs to 20 

### the table and let me just check one more time. 21 

### Is Erica Wagner in the room? 22236

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### (No response.) 1 

### Okay. So then Eli Briggs and I'll -- I'd 2 

### like to invite William Penniman to the table as 3


### well. 4 

### Okay. Ms. Briggs, when you're -- when 5 

### you're ready. 6 

### MS. BRIGGS: My name is Eli Briggs, 7 

### E-L-I, B-R-I-G-G-S. I am the senior government 8 

### affairs director with the National Association of 9 

### County and City Health Officials, or NACCHO. We 10 

### represent 2,800 local health departments across 11 

### the country. And I am here today to testify in 12 

### support of strong federal and model plans that 13 

### will help drive a shift to cleaner energy 14 

### sources, address climate change, and reduce as 15 

### much pollution as possible to protect the 16 

### public's health. 17

### Local health departments are responsible 18 

### for protecting the health and safety of all 19 

### people in the jurisdictions they serve, and they 20 

### are concerned that -- that climate change can 21 

### harm the health of the public through degraded 22237

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### air quality, wildfires, drought, heat waves, and 1 

### more. These impacts worsen the burden that many 2 

### people already suffer because of power plant 3 

### pollution. 4 

### NACCHO supports the Clean Power Plan to 5 

### reduce carbon and other air pollutants that cause 6 

### asthma attacks, heart attacks, and premature 7 

### death. Local health departments want to make 8 

### sure we achieve the Clean Power Plan's estimated 9 

### health benefits, including preventing up to 3,600 10 

### premature deaths in 2030, preventing 90,000 11 

### asthma attacks, and avoiding 300,000 days missed 12 

### from work and school each year. 13

### These health benefits will only come if 14 

### states develop effective plans to meet the 15 

### requirements set out by the EPA in the Clean 16


### Power Plan. And for those states that refuse to 17 

### comply, it is critical that EPA have a way to 18 

### ensure emissions reductions by taking action at 19


### the federal level. 20

### We support EPA's effort to help the 21 

### states develop and adopt effective plans to 22238

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### reduce their carbon emissions. Model plans will 1 

### help the states focus their time and effort on 2 

### choosing the steps that work best for them. 3 

### NACCHO strongly supports the Clean Energy 4 

### Incentive Program's component that focuses on 5 

### energy efficiency improvements in low income 6 

### communities. Many residents in low income 7 

### communities could benefit from having repairs 8 

### done to their homes that can cut energy bills, 9 

### and also, communities will benefit from 10 

### additional jobs that could be created. 11

### However, EPA needs to do more in the 12 

### Model Rule and the Federal Implementation Plan to 13 

### ensure that low income communities don't bear -- 14 

### don't continue to bear a disproportionate burden 15 

### of pollution. Low income communities have 16 

### suffered with problems from pollution from coal 17 

### fired power plants cited in their communities for 18 

### far too long. They have to breathe toxic 19 

### emissions like arsenic and lead, and carcinogens 20 

### like benzene. They suffer more from the health 21 

### impacts of climate change and are more likely to 22239

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### have diseases like asthma that increase risks 1 

### from air pollution. 2 

### EPA's analysis as well as analysis by 3 

### Harvard University and others shows the steps to 4 

### reduce carbon emissions will also have co5 

### benefits that reduce other harmful emissions from 6 

### these plants. Cleaning up these plants allows 7 

### people to live in a healthier environment and 8 

### engage in healthy activities like exercise 9


### outdoors. 10

### Actions taken by the Clean Power Plan are 11 

### essential, but we remain concerned that some 12 

### states will adopt a plan that does not recognize 13 

### this continued disproportionate burden for low 14 

### income communities and fails to reduce emissions 15 

### from all sources. Each state plan should make 16 

### sure that they do not continue to 17 

### disproportionately burden those who live near the 18 

### plants, especially those who are already 19 

### economically burdened. 20

### Thank you for the opportunity to testify. 21

### MS. DUNHAM: Thank you. Mr. Penniman, 22240

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### when you're ready. 1 

### MR. PENNIMAN: Good afternoon. My name 2 

### is William Penniman. That's P-E-N-N-I-M-A-N. I 3 

### am speaking today on my behalf but also on behalf 4 

### of the Virginia Chapter of the Sierra Club and 5 

### its 15,000 members which includes myself. 6 

### Like all Americans, Virginia's residents, 7 

### including my two grandchildren, have a strong 8 

### interest in seeing the United States reduce CO2 9 

### emissions and other greenhouse gases as much as 10 

### possible, as rapidly as possible. As recognized 11 

### by EPA, emissions induced climate change is real; 12 

### it's occurring now; and it will get worse without 13 

### strong measures to reduce the accumulation of 14 

### greenhouse gases. Without such measures our 15 

### children face potentially catastrophic harms, and 16 

### it would be the equivalent of starting our 17 

### children down a steepening slick road with 18 

### neither brakes nor steering. 19

### Virginia shares many of the 20 

### vulnerabilities that all states in the U.S. face 21 

### regarding climate change; but in some respects 22241

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### we're particularly vulnerable. In particular, 1 

### Virginia's coastal communities are the most 2 

### vulnerable to sea level rise of any communities 3 

### on the east coast, second only to New Orleans on 4 

### a national basis. 5 

### Our -- our southeastern communities 6 

### already routinely experience flooding. And a 7 

### storm surge like Hurricane Sandy or even the 8 

### enormous rains that recently hit South Carolina 9 

### would devastate them as well as the United States 10 

### Naval base which is down there and is a critical 11 

### economic asset and national security asset for 12 

### the Virginia and the U.S. -- yes, for Virginia 13


### and the U.S. 14

### EPA's Power Plan -- Clean Power Plan is a 15 

### critical albeit modest first step to reducing CO2 16 

### from electric power plants which are the largest 17 

### category of CO2 emitters in the United States. 18


### EPA should be sure that the Federal 19 

### Implementation Plan is as effective as possible 20 

### in reducing CO2 and as early as possible, not 21 

### waiting till the last minute; and no state should 22242

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### think that accepting an FIP will either allow it 1 

### to miss its targets or somehow skate around the 2 

### ultimate obligations to reduce CO2. 3 

### Trading opportunities should be available 4 

### to help minimize the potential costs of CO2 5 

### reductions and lay the groundwork for additional 6 

### CO2 reductions in the future. 7 

### But I want to emphasize that while this 8 

### is a first step, it clearly is not enough. The 9 

### -- and it's important for how you design the plan 10


### -- the FIP. 11

### As experts have recognized and also most 12 

### recently the United States, the -- the developed 13 

### countries of the world are going to have to 14 

### reduce their emissions by 80 percent by 2050. 15 

### The European Union has recently -- well, the U.S. 16 

### proposed 80 percent reduction by 2050 in its 17 

### recent submission to the United Nations 18 

### negotiations. The European Union said 80 to 95 19 

### percent reduction in CO2 emissions by 2050. The 20 

### reality is that investments being made during the 21 

### term of the CPP between now and 2030 will include 22243

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### investments that will still be operating in 2050. 1 

### And if we are going to avoid severe 2 

### problems of stranded assets, wasted investments 3 

### that should be avoided, your plan and the EPA 4 

### should make -- incentivize people to move to 5 

### long-term solutions, not await -- not await 2050 6 

### or 2030 and then suddenly be told they need to 7 

### make dramatic new changes. 8 

### I want to make -- I have written comments 9 

### that are more lengthy, but I want to make one 10 

### other point. As it reviews the FIP, EPA should 11


### also take a second look at the rate to mass 12 

### conversions it calculated for Virginia which 13 

### would, of course, would be incorporated into the 14 

### FIP. It appears to us that the Virginia's rate15 

### based target represent a 34 percent reduction in 16 

### rates of carbon emission from the 2012 baseline. 17 

### That's a very reasonable goal Virginia can meet 18 

### by adjusting its resource mix to include more 19 

### clean energy and efficiency. 20

### However, the mass-based target for 21 

### Virginia appears to be 5 percent higher than the 22244

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### 2012 baseline. EPA's mass target conversion 1 

### appears to have failed to account for the 2 

### retirement of several coal fired plants that have 3 

### already been announced rather than eliminating 4 

### these sources from the mass cap in the years 5 

### after their retirement, EPA calculated the cap as 6 

### if these sources would continue to emit the same 7 

### amount of CO2. Virginia can do better than the 8 

### 34 percent reduction, both on a rate and mass 9 

### basis. And I urge you to reexamine the mass10 

### based calc you've at least presumptively 11 

### included. 12

### Thank you very much. 13

### MS. DUNHAM: Thank you very much. Thanks 14 

### to both of you. 15

### All right. I would like to invite Donnel 16 

### Baird and Frank Knapp, Jr., please, to the table. 17

### Okay. Mr. Baird, when you're ready. 18

### MR. BAIRD: Good morning. My name is 19 

### Donnel Baird, D-O-N-N-E-L, B-A-I-R-D. I am the 20 

### CEO of a venture capital backed clean energy 21 

### start-up called the Block Power. We are a public 22245

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### benefits corporation that prioritizes 1 

### environmental outcomes as well as economic 2 

### development in inner cities. We're backed by 3 

### venture capital lists in Silicon Valley who 4 

### invested in technologies such as Uber, Facebook, 5 

### Twitter, and Airbnb. 6 

### I want to thank the EPA for this awesome 7 

### Clean Power Plan. I'd like to speak briefly 8 

### about my time as a senior staffer during the 9 

### American Recovery and Reinvestment Act which was 10 

### another opportunity that we had to dramatically 11 

### transform the way that energy is consumed in 12 

### American inner cities. Lots of capital was 13 

### expended. We've learned lots of best practices. 14 

### Some of the investment worked; some of it did 15


### not. 16


### Some of what we learned was that the 17 

### opportunity to transition American inner cities 18 

### to clean energy requires significant investments 19 

### in engineering analysis on a custom building-by20 

### building basis to analyze and assess the 21 

### infrastructure that currently exists and to price 22246

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### out the energy savings that would be generated by 1 

### making investments. 2 

### And the other opportunity exists in the 3 

### financing of the transition of those 4 

### infrastructure to clean energy. Many of these 5 

### communities particularly post financial crisis 6 

### are viewed as, you know, subprime and difficult 7 

### to underwrite. The use of portfolios in 8 

### aggregating projects into at minimum a $3 million 9 

### portfolio size spreads out the risk of default on 10 

### a building-by-building basis and is what Goldman 11 

### Sachs and other Wall Street investment firms 12 

### require in order to make investments in clean 13 

### energy in inner cities. 14

### On the engineering standpoint, I'd 15 

### encourage the EPA to continue to evaluate the 16 

### opportunities that new technologies in Silicon 17 

### Valley offer us to bring down the cost of 18 

### engineering analysis for clean energy in inner 19 

### cities, including the use of Smart Sensors and 20 

### the Internet of Things to help collect the robust 21 

### data that is necessary to feed algorithms that 22247

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### allow us to dramatically reduce the engineering 1 

### cost that too often prevent investments in clean 2 

### energy in inner cities. 3 

### So, with those two business opportunities 4 

### in mind, I would encourage the EPA to continue to 5 

### view American inner cities not as a place that is 6 

### a sinkhole or a quagmire for a lot of subsidies 7 

### and carbon credits, but instead of a $40 billion 8 

### investment opportunity where the use of loan 9 

### guaranties and Smart Angel investment or venture 10 

### capital-like investments, or, I guess, in policy 11 

### parlance Small Business Investment Corporation or 12 

### Small Business Investment Research Grants can -- 13 

### can really offer an opportunity to leverage the 14 

### $40 billion investment opportunity that exists. 15

### With that I will close, and thanks once 16 

### again for your time. Thanks. 17

### MS. DUNHAM: Thank you very much. 18

### Mr. Knapp. 19

### MR. KNAPP: Yes, thank you very much. 20 

### And congratulations on your stamina for being 21 

### through this. 22248

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### I'm going to apologize in advance for 1 

### reading this, but just five minutes, I want to 2 

### make sure I do it right. Okay. 3 

### I'm Frank Knapp. I'm Co-Chair of the 4 

### American Sustainable Business Council and 5 

### President, CEO, and Co-Founder of the South 6 

### Carolina Small Business Chamber of Commerce. 7 

### The America Sustainable Business 8 

### Council's a national alliance of business 9 

### associations and individual businesses 10 

### representing more than 200,000 businesses and 11 

### more than 325,000 entrepreneurs, executives, 12 

### managers, and investors. We advocate for public 13 

### policies that build a sustainable economy. We 14 

### support the Environmental Protection Agency's 15 

### Clean Power Plan both for the reduction of carbon 16 

### emissions to protect our nation from the economic 17 

### damage resulting from the consequences of 18 

### unrestrained climate change and to spur new jobs 19 

### in a sustainable economy. 20

### The South Carolina Small Business Chamber 21 

### of Commerce supports the Clean Power Plan rule 22249

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### for the same general reasons. However, we have a 1 

### particular burden to provide sound reasons for 2 

### enacting rules because we have one of the 24 3 

### state attorney generals who are litigating 4 

### against the Clean Power Plan. So let me be very 5 

### clear. Our Attorney General Allen Wilson is on 6 

### the wrong side of this issue. 7 

### In addition to the issue of legality 8 

### which only the courts can determine, the 9 

### litigants complained that the Clean Power Plan 10 

### will hurt jobs, raise electricity rates, and 11 

### result in unreliable electricity. So let me 12 

### outline why the Clean Power Plan is good for 13 

### South Carolina. 14

### One, the Clean Power Plan will protect 15 

### South Carolina businesses and jobs. South 16 

### Carolina's coastal tourism economy is severely 17 

### threatened by sea level rise as a result of 18 

### carbon pollution cause climate change. From 19 

### Cherry Grove in the north to Buford in the south, 20 

### beaches, residential areas, and small businesses 21 

### will be inundated by ocean with just a few feet 22250

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### of higher seas. Scientists have projected up to 1 

### a six foot sea level rise by the end of this 2 

### century from unrestrained climate change. This 3 

### would be a major economic disaster along the 4 

### Palmetto State's coast, including up to a third 5 

### of the Charleston Peninsula succumbing to the 6 

### ocean tides. South Carolina's biggest industry, 7 

### tourism, and its tens of thousands of workers 8 

### could be lost in this scenario. 9 

### Two, the Clean Power Plan will create new 10 

### South Carolina jobs. The alternative energy 11 

### industry is beginning to expand along with the 12 

### jobs, thanks to the South Carolina legislature 13 

### passing incentives for solar power. In addition 14 

### more jobs will be created from a focus on energy 15 

### efficiency to help meet the EPA goal for the 16


### state. 17

### Third, the Clean Power Plan rule will 18 

### probably not result in higher electricity rates 19 

### in South Carolina than are already anticipated. 20 

### Two major -- excuse me -- two major electric 21 

### utilities in the state, South Carolina Electric 22251

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### and Gas and Santee Cooper are currently building 1 

### two nuclear plants just outside of the state 2 

### capital. The plants -- started long before the 3 

### Clean Power Plan -- are being built with the 4 

### support of virtually every member of our congress 5 

### delegation, congressional delegation as well as 6 

### our state legislature. These new reactors are 7 

### expected to enable the state to achieve 80 8 

### percent of the state's carbon emission reduction 9 

### goal under the Clean Power Plan. The rest will 10 

### be relatively easy to obtain through alternative 11 

### energy and energy efficiency. We're gaining more 12 

### jobs as discussed above. 13

### Thus, Clean Power Plan itself should 14 

### require a little additional cost to the South 15 

### Carolina ratepayer, but for those states that 16 

### don't have a nuclear or alternative energy system 17 

### already being constructed, if you're -- if their 18 

### electricity rates do rise, it won't be because of 19 

### the Clean Power Plan. And it won't -- there 20 

### won't be an economic collapse predicted by the 21 

### opponents of the Clean Power Plan. You only have 22252

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### to look at South Carolina for proof. 1 

### Utility SCE and G has raised rates over 2 

### 17 percent since 2009 just to pay for the 3 

### construction cost and construction financing 4 

### costs of our new nuclear plants. Ask our 5 

### governor. Our state's economy is doing just 6 

### fine. 7 

### Four of the Clean Power Plan will not 8 

### threaten South Carolina's reliable electricity. 9 

### South Carolina has a long history of using 10 

### nuclear energy to produce electricity, and with 11 

### that being the dominant engine in meeting our 12 

### Clean Energy Plan goal for the state electricity, 13 

### reliability is not an issue. 14

### And five, the Clean Power Plan is favored 15 

### by South Carolinians. An opinion poll released 16 

### last month shows that 62 percent of South 17 

### Carolina voters strongly or somewhat favor the 18 

### EPA's Power Plan Rule to Reduce Carbon Emissions. 19

### Our attorney general is on the wrong side 20 

### of the Clean Power Plan. In fact, he should 21 

### withdraw South Carolina as a plaintiff in the 22253

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### federal lawsuit and instead follow in support of 1


### the EPA's Clean Power Plan. 2 

### MS. DUNHAM: Thank you very much. Thank 3 

### you both of you. 4 

### Okay. I'd like to invite Samantha 5 

### Lockhart to the table as well as Lindsey Moseley. 6 

### Okay. Ms. Lockhart, when you're ready. 7 

### MS. LOCKHART: All right. So, thank you 8 

### for the opportunity to submit formal testimony 9 

### regarding EPA's Federal Implementation Plan under 10


### the Clean Power Plan. 11

### My name is Samantha Lockhart, and 12 

### I'm here today -- I'm from Arlington, Virginia. 13 

### That's where I live, but I'm speaking on behalf 14 

### of the National Wildlife Federation. And I'll 15 

### just put in a caveat that I've been given this by 16 

### our Policy Team to share some thoughts. They 17 

### were not able to be here, so if you have follow18 

### up questions, I will note them but probably not 19


### be able to answer them. 20

### Because I strongly support the emissions 21 

### reductions goals of the Clean Power Plan, I urge 22254

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### EPA to only allow biomass to be used as a 1 

### compliance option in the Federal Implementation 2 

### Plan if it will quickly reduce net carbon 3 

### emissions and if the biomass is harvested without 4 

### damaging critical wildlife habitats. 5 

### For states that do not create their 6 

### own plans to cut carbon pollution from power 7 

### plants, I commend the EPA for creating this 8 

### backstop federal guaranty for reducing carbon 9 

### pollution and protecting wildlife. The Federal 10 

### Plan should be strong and aimed at protecting 11 

### people and wildlife from power plant carbon 12 

### pollution in order to ensure proper pollution 13 

### reductions and to encourage wildlife-friendly 14 

### renewable energy solutions. 15

### The proposed plan should be finalized in 16 

### a timely manner so that states have time to use 17 

### it to guide the formulation of their own plans. 18 

### Biomass should be allowed as an eligible resource 19 

### under the Federal Implementation Plan if it's use 20 

### will clearly reduce atmospheric carbon levels in 21 

### a policy relevant time frame. 22255

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### The time frame under the Clean Power Plan 1 

### that EPA has appropriately set for reducing 2 

### carbon emissions is 2030. Accordingly, EPA 3 

### should only allow the use of biomass under the 4 

### FIP if its use can be clearly shown to reduce net 5 

### carbon emissions by 2030. Most scientists and 6 

### biomass experts agree that there are some biomass 7 

### resources that will quickly reduce carbon like 8 

### some crops or crop wastes, some federal 9 

### harvesting residues, and food and forest 10 

### processing wastes. Almost all states have a wide 11 

### variety of such beneficial resources available at 12 

### economically viable costs. 13

### However, numerous analyses have made it 14 

### clear that there are many other forest-based 15 

### biomass resources that will not reduce net carbon 16 

### emissions by 2030, particularly trees that were 17 

### they not harvested for energy, would continue 18 

### growing for many decades. Burning such long 19 

### rotation trees for energy will almost certainly 20 

### increase atmospheric carbon levels for many 21 

### decades directly undermining the purpose of the 22256

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### Clean Power Plan. 1 

### I urge EPA to not allow the harvesting 2 

### and use of long-rotation forest products as 3 

### biomass under the FIP. I also urge EPA to 4 

### include strong sustainability provisions for all 5 

### biomass allowed in the FIP. Harvesting crops and 6 

### wood products can directly damage critical 7 

### habitats for a wide variety of species of 8 

### concern. EPA can set high sustainability 9 

### standards for eligible biomass in ways that give 10 

### states flexibility to meet them. Indeed, 11 

### numerous states have already developed 12 

### sustainability guidelines for the use of forest 13 

### biomass, and EPA could acknowledge these 14 

### guidelines as part of the ways that biomass 15 

### sustainability is integrated into biomass use 16


### under the FIP. 17

### There are similar sustainability 18 

### guidelines for the use of perennial herbaceous 19 

### biomass, including ones that NWF developed for 20 

### the Prairie Pothole Region or the Upper Midwest. 21

### In addition, we urge EPA to integrate 22257

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### sustainable forest management certification as 1 

### another means to demonstrate forest biomass 2 

### sustainability. In particular, we applaud the 3 

### EPA's recent decision to only recommend the 4 

### Forest Stewardship Council as the only 5 

### certification system federal -- federal 6 

### purchasing. 7 

### We believe that as the acreage of 8 

### forestland under FSC certification increases, it 9 

### could be used to demonstrate an increasing 10 

### percentage of eligible biomass under the FIP. 11

### Thank you for the opportunity to comment 12 

### today, and we look forward to working with you to 13 

### finalize and implement the Clean Power Plan. We 14 

### hope you will do everything you can to ensure it 15 

### stays strong through the process. Wildlife and 16 

### future generations are counting on your 17 

### leadership. 18

### MS. DUNHAM: Thank you. I actually just 19 

### -- not a -- ask a question for you to answer now 20 

### but encourage to -- when you-all submit written 21 

### comments to provide a little more on that Forest 22258

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### Stewardship Council and some of the approach you 1 

### took that you thought was a -- was a good 2 

### approach to take with respect to certification. 3 

### I think that would be helpful to us to get a 4 

### little more information about that. 5 

### MS. LOCKHART: Yes, absolutely. 6 

### MS. DUNHAM: Thank you. 7 

### MS. LOCKHART: Pass that along. Thank 8


### you. 9 

### MS. DUNHAM: Ms. Moseley. 10

### MS. MOSELEY: Hi there. My name is 11 

### Lindsey Moseley Alexander. It's M-O-S-E-L-E-Y, 12 

### A-L-E-X-A-N-D-E-R. I'm the Assistant Vice13 

### President and National Health Air Campaign 14 

### Director for the American Lung Association. EPA 15 

### heard from some of my colleagues this morning. 16

### Today I am not here to testify on my own 17 

### behalf or on behalf of the Lung Association but 18 

### on behalf of Dr. Vijay Subramaniam. I think I 19 

### got that right. Vijay Subramaniam. I volunteer 20 

### with the American Lung Association in Virginia. 21 

### He wanted to speak with you today but wasn't able 22259

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### to make the trip, so I will now read his 1 

### testimony to you in his own words. I brought a 2 

### photo of him so that you can put this in his 3


### context. 4 

### Hello, my name is Dr. Vijay Subramaniam, 5 

### and I am a pulmonologist from Williamsburg, 6 

### Virginia. I am also a member of the American 7 

### Lung Association and Virginia's Leadership Board. 8 

### I have been practicing pulmonary medicine in the 9 

### Hampton Roads area for the last five years with 10 

### significant environmental related lung disease, 11 

### lung cancer, and COPD. 12

### I am participating to advocate for the 13 

### health of my patients and testify in support of 14 

### EPA adopting strong federal and model Clean Power 15 

### Plans. Nearly 700,000 Virginians have asthma, 16 

### and thousands more have other forms of chronic 17 

### lung disease such as COPD and lung cancer. When 18 

### exposed to unhealthy levels of air pollution such 19 

### as ozone and particle pollution, these 20 

### individuals are at an increased risk of 21 

### experiencing symptoms. Because of the presence 22260

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### of ozone and particle pollution in our breathing 1 

### air is exacerbated by climate change, it makes 2 

### combating the problem a public health imperative. 3 

### If states nationwide adopt strong plans 4 

### and put in the word now to make meaningful 5 

### change, we have the ability to prevent up to 60 6 

### -- I'm sorry -- 3,600 premature deaths, 90,000 7 

### asthma attacks, and 300,000 missed days of school 8 

### and work every year starting in 2030. The 9 

### decisions made by EPA carry a tremendous weight, 10 

### and it is important that they place public health 11 

### first and foremost in their decision process. 12

### Growing up in the coal fields of West 13 

### Virginia and training around the Pittsburgh steel 14 

### mills I have been exposed to the poor air quality 15 

### all my life. It was the norm to be coughing 16 

### because you were trying to clear your lungs of 17 

### all the particle pollution. 18

### The benefits for my patients, individuals 19 

### who do not want to develop chronic lung disease 20 

### in addition to the millions of other Americans 21 

### with chronic lung diseases, will only come if 22261

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### states develop strong mindful plans to meet the 1 

### carbon reduction requirements set out by EPA. If 2 

### states refuse to comply and attempt to deny their 3 

### residents these lifesaving benefits, then it is 4 

### up to EPA to provide a federal solution. 5 

### As for those states who do plan on 6 

### complying like Virginia, strong model plans will 7 

### be a useful reference point. Model plans that 8 

### encourage the adoption and improvement of energy 9 

### efficiency incentives, initiatives, renewable 10 

### energy sources, and thoughtful consideration of 11 

### environmental justice issues will set a path to a 12 

### healthier future here in Virginia and nationwide. 13

### I appreciate the opportunity to share my 14 

### testimony and to advocate for my patients and for 15 

### all Americans with chronic lung diseases. Thank 16


### you. 17

### MS. DUNHAM: Thank you very much. Thanks 18 

### to both of you. 19

### I would now like to invite Laura Bender 20 

### and Katie Huffling to the table. 21

### Okay. Ms. Bender, when you're ready. 22262

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### MS. BENDER: Hi, my name is Laura Kate 1 

### Bender, and I'm the Director of Advocacy for the 2 

### American Lung Association's Healthy Air Campaign. 3 

### Today, I, like my colleague just now am 4 

### testifying on behalf of someone who wanted to 5 

### make the trip in person but wasn't able. This is 6 

### Dr. Erica Holloman. 7 

### The American Lung Association in Virginia 8 

### works closely with her to protect Virginian's 9 

### health from dangerous air pollution. So I will 10 

### read her testimony to you in her own words. And 11 

### I also have a photo. 12

### Hello, my name is Dr. Erica Holloman, and 13 

### I am the Project Coordinator for the Southeast 14 

### CARE Coalition in Newport News, Virginia. The 15 

### Southeast CARE Coalition is a broad community16 

### based partnership that specifically addresses 17 

### environmental concerns in the southeast community 18 

### of Newport News. The community that I serve, the 19 

### low income minority voices of the southeast 20 

### community is one of several environmental justice 21 

### communities in the Hampton Roads region of 22263

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### Virginia that continues to bear the burden of 1 

### exposure to toxic pollutants and greenhouse gas 2 

### emissions. 3 

### As the mother of three young boys whose 4 

### health is at risk from breathing dirty air, it is 5 

### my duty to speak up when our decision makers have 6 

### the opportunity to adopt clean air safeguards 7 

### that are most protective of their health and the 8 

### health of other vulnerable populations. 9 

### So I am testifying in support of a strong 10 

### Clean Power Plan not only here in Virginia but in 11


### all states. 12

### The Clean Power Plan is an essential 13 

### clean air safeguard. It is a huge step forward 14 

### in preventing premature deaths, asthma attacks, 15 

### and missed days of work and school caused by poor 16 

### air quality. In the southeast community 17 

### residents in the predominantly African-American 18 

### ZIP Code 23607 experience hospital discharge 19 

### diagnoses for asthma that are disproportionately 20 

### higher than the overall asthma discharge rates 21 

### for the city of Newport News. In addition, 22264

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### hospital admission rates related to asthma for 1 

### younger adult residents of this ZIP code are 2 

### significantly higher than state and national 3


### averages. 4 

### These concerning trends in asthma-related 5 

### incidents are not just seen in Newport News. In 6 

### Detroit, Michigan, the African-Americans 7 

### experience nearly four times as many asthma8 

### related hospitalizations as their white 9 

### counterparts. In Newark, New Jersey, African10 

### American residents make more than seven times as 11 

### many asthma-related visits as their white 12 

### counterparts. All over the country there are 13 

### communities that desperately need to see the 14 

### health benefits of the Clean Power Plan. 15

### The Clean Power Plan is also an essential 16 

### safeguard with regard to climate change impacts, 17 

### especially in the Hampton Roads region of 18 

### Virginia. The Hampton Roads region is the second 19 

### most vulnerable region in the U.S. with regards 20 

### to climate change impacts such as sea level rise 21 

### and recurrent flooding. Within the region, my 22265

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### community, the southeast community of Newport 1 

### News, is one of the most socially vulnerable 2 

### communities that will be impacted by these 3 

### climate change impacts. 4 

### In addition, climate change, fueled by 5 

### carbon pollution increases the risk of 6 

### experiencing dangerous levels of ozone pollution 7 

### and particulate matter in the air that we 8 

### breathe. These pollutants are known triggers of 9 

### chronic lung disease, and for communities that 10 

### already experience disproportionate rates of 11 

### asthma-related hospitalizations, it's especially 12 

### important that all available preventive steps are 13 

### taken to protect their health. Hence, a strong 14 

### plan is essential to the health and well being of 15 

### my community and other environmental justice 16 

### communities across the country. 17

### EPA must adopt strong federal and model 18 

### plans that make addressing environmental justice 19 

### a priority through, one, meaningful engagement 20 

### with vulnerable populations; and two, expanding 21 

### the EPA's environmental justice analysis. 22266

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### The development of environmental justice 1 

### advisory boards that are involved in writing and 2 

### implementing the state's Clean Power Plan -- 3 

### Compliance Plans is one way to ensure meaningful 4 

### engagement. Mandating that states systematically 5 

### consider how the option selected to implement the 6 

### Clean Power Plan will impact -- directly or 7 

### indirectly -- over really burdened communities 8 

### like the southeast community I serve -- is 9 

### critical. 10

### In addition to meaningful engagement with 11 

### vulnerable populations and expansion of 12 

### environmental justice analysis, EPA should 13 

### encourage participating in the Clean Energy 14 

### Incentive Program and their model plans. By 15 

### encouraging participation in the Clean Energy 16 

### Incentive Program, more low income communities 17 

### could benefit from energy efficiency programs 18 

### that will decrease their energy consumption and 19 

### their energy bills. 20

### Thank you for your time, and I appreciate 21 

### the opportunity to speak about how the health -- 22267

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### the Clean Power Plan benefits health of residents 1 

### of the southeast community. Thank you. 2 

### MS. DUNHAM: Thank you very much. 3 

### Ms. Huffling? 4 

### MS. HUFFLING: Okay. Thank you. Good 5 

### afternoon, and thank you for the opportunity to 6 

### provide comments here today on this important 7 

### public health standard. 8 

### My name is Katie Huffling. It's 9 

### H-U-F-F-L-I-N-G. And I'm also a nurse midwife 10 

### here in the D.C. area. I also direct the 11 

### Alliance of Nurses for Healthy Environments. 12 

### We're the only national nursing organization that 13 

### focuses solely on how the environment impacts 14


### human health. 15

### Today we are facing the greatest public 16 

### health threat of our time -- climate change. 17 

### Unless we take strong action today to quickly and 18 

### substantially reduce our carbon pollution, this 19 

### public health crisis is only going to worsen. 20

### As a nurse I feel it is my duty to 21 

### protect those I serve from the devastating 22268

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### impacts of climate change. And I am just one of 1 

### Allegiance of Nurses who are voicing our support 2 

### for strong climate action because we are on the 3 

### front lines of climate change. We are caring for 4 

### patients whose lives are deeply impacted by this 5 

### problem, and their numbers will only continue to 6 

### grow unless we take strong action against climate 7 

### change now. 8 

### Imagine having your two-year-old struggle 9 

### to breathe because he went outside to play on a 10 

### hot day when the smog levels are high. Or 11 

### imagine you're a parent who's barely making ends 12 

### meet, but you have to take an unpaid sick day 13 

### because your child has to go to the emergency 14 

### room with a severe asthma attack. Imagine your 15 

### sister going into preterm labor because of an 16 

### extreme heat wave. These are all scary real-life 17 

### examples of how climate is already impacting 18 

### those -- us in the U.S. today. 19

### Unfortunately, carbon pollution 20 

### especially impacts low income communities and 21 

### communities of color as a large proportion of 22269

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### minorities live within 30 miles of a coal fired 1 

### power plant. African-Americans and Latinos also 2 

### make emergency room visits for asthma-related 3 

### issues many times more often than whites. 4 

### As a nurse and nurse midwife I have 5 

### worked with many inner city patients, and I've 6 

### seen these impacts firsthand. I've seen how on 7 

### poor air quality days, which will only increase 8 

### without climate action, my pregnant asthmatic 9 

### patients would come into my office wheezing or 10 

### report increased use of their inhalers. Having 11 

### good control of asthma is an essential part of a 12 

### health pregnancy as the mother's breaths are the 13 

### baby's only source of oxygen. 14

### I would caution my pregnant patients to 15 

### stay inside on poor air quality days since 16 

### exposure to air pollution has been linked to poor 17 

### pregnancy outcomes such as low birth weight. And 18 

### low birth weight is not just a matter of the baby 19 

### being born small; it's a serious condition that 20 

### can lead to a lifetime of health problems and 21 

### expenses. However, most women can't put their 22270

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### lives on hold when there is a poor air quality 1 

### day. 2 

### Communities of color and low income 3 

### communities are also more vulnerable to the other 4 

### climate impacts such as heat waves and extreme 5 

### weather. We've seen in many areas of the country 6 

### deaths of elderly residents during heat waves 7 

### because they didn't have access to air 8 

### conditioning or couldn't afford to run their air 9 

### conditioners. 10

### We've also seen how these communities 11 

### have had difficulty during extreme weather events 12 

### such as the issues of many in New Orleans during 13 

### Hurricane Katrina who did not have the means to 14 

### evacuate nor the funds to rebuild after the 15


### storm. 16

### Fortunately, there is something that we 17 

### can do about these health disparities. And one 18 

### of these is to support the Clean Power Plan. 19 

### This public health standard is an excellent first 20 

### step to addressing the public health impacts of 21 

### climate change. 22271

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### I, my fellow nurses, am encouraged by 1 

### your estimates that by 2030 we'll be seeing 2 

### significant health benefits such as preventing 3 

### 3,600 premature deaths, 1,700 heart attacks, 4 

### 90,000 asthma attacks, and over 300,000 missed 5 

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

### Besides the reducing the pain and 7 

### suffering caused by these health impacts, the 8 

### health care cost reductions will be incredible. 9 

### Just here in Maryland where I live, we spend over 10 

### a billion dollars a year treating direct costs of 11 

### asthma. And that's just one small state. When 12 

### you think of all the different health conditions 13 

### linked to climate change, the high levels of 14 

### prevention seen with the Clean Power Plan have 15 

### the potentials to significantly reduce health 16 

### care costs here in the U.S. 17

### Nurses throughout the country are looking 18 

### to their state officials to take a lead in 19 

### protecting the health of their citizens and the 20 

### effects of climate change by developing the 21 

### strongest plans possible with the greatest 22272

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### reductions in carbon pollution. 1 

### We also voice our strong support for a 2 

### strong federal plan for those states that don't 3 

### take a lead. We can be leaders in addressing 4 

### climate change, but we have to start now. Our 5 

### children and future generations are depending on 6 

### us. Thank you. 7 

### MS. DUNHAM: Thank you very much. Thank 8 

### you, both of you. 9 

### Okay. I'd like to invite Charlotte 10 

### Wallace and Earl Mitchell to the table, please. 11

### Okay. Ms. Wallace, when you're -- when 12 

### you're ready. 13

### MS. WALLACE: Okay. Thank you for the 14 

### opportunity to testify today. My name is 15 

### Charlotte Wallace, C-H-A-R-L-O-T-T-E, last name 16 

### Wallace, W-A-L-L-A-C-E. 17

### I'm a nurse, and I'm also an intern with 18 

### the Alliance of Nurses for Healthy Environments. 19 

### And, first of all, I want to thank you for your 20 

### leadership in crafting the plan for the states 21 

### that are not creating their own plans, but I'm 22273

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### excited to watch the states become leaders in 1 

### developing their plan for their own citizens and 2 

### taking an active role in developing those plans. 3 

### As a pediatric nurse for almost two 4 

### decades, I have watched hundreds of children 5 

### suffer with asthma as they struggle (inhale) for 6 

### (inhale) each breath. They can't say a sentence. 7 

### They're very sick. It's frightening for the 8 

### child; it's frightening for the parents; and it's 9 

### frightening to the medical staff. 10

### We're very fortunate to have great 11 

### hospitals and amazing medicine to help the 12 

### children. Unfortunately, sometimes we get the 13 

### child too late, and the medicine doesn't work, 14 

### and the children do die. 15

### One of the biggest -- oh, and far too 16 

### many young people suffer from asthma and other 17 

### respiratory illnesses related to preventable 18 

### causes. One of the biggest and most preventable 19 

### causes of asthma attacks and premature deaths are 20 

### the harmful compound dumped into our air from 21 

### power plants. Carbon pollution traps heat, and 22274

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### air pollutants diminishes air quality and creates 1 

### a threat to those struggling with respiratory 2 

### disease. 3 

### As you already know, while we have had 4 

### public health safeguards against mercury, 5 

### arsenic, and soot from power plants, there were 6 

### no federal standards in place to protect the 7 

### public from carbon pollution until your plan. 8 

### Thank you for the Clean Power Plan. We 9 

### need the plan to help us reduce our carbon 10 

### pollution quickly and substantially in order ot 11 

### protect public health from the impacts of climate 12 

### change. 13

### As you know, the projects of 2030 -- I've 14 

### heard them already stated. I won't restate them. 15 

### But the numbers speak for themselves. The carbon 16 

### pollution and the climate change -- it 17 

### exasperates [sic] our far reaching public health 18 

### threats that affect every living and breathing 19 

### person in Maryland and across the country. But 20 

### it affects some more than others, particularly 21 

### minority, as you've heard, and lower income 22275

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### communities, and especially children. 1 

### Having worked at Johns Hopkins Hospital, 2 

### I have seen firsthand how climate change 3 

### disproportionately affects both minorities and 4 

### children. Increased exposure to carbon pollution 5 

### is especially dangerous to children of color -- 6 

### as you've just heard -- who already have 7 

### increased rates of asthma and are thus more 8 

### susceptible to the dangers of air pollution. 9 

### Carbon pollution has a disproportionate 10 

### affect on children of all backgrounds. Children 11 

### are not simply little adults. Their intake per 12 

### pound, the infants intake per pound is twice that 13 

### of an adult; and children's lungs are still 14 

### developing. Inhaling power plant pollution, 15 

### therefore, affects them significantly more than 16 

### it does an adult. 17

### In addition, children often spend more 18 

### time outdoors and in more active capacity than 19 

### adults do, further increasing the amounts of 20 

### pollution they inhale. Our children should be 21 

### able to play outside without the risk of harming 22276

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### their lungs. 1 

### It is estimated that over 125,000 kids 2 

### suffer from asthma in Maryland alone. And 3 

### according to the Center for Disease Control 4 

### Report, over 60 percent of children with asthma 5 

### in Maryland have persistent severe asthma. A 6 

### 2013 MIT study showed that Maryland had the 7 

### highest percentage of premature deaths related to 8 

### the impact of polluted air in the country. In 9 

### Baltimore, specifically, one out of every five 10 

### children under the age of 18 years old have 11 

### asthma. And this is twice the national average. 12

### With the Clean Power Plan you are doing 13 

### your part to help protect public health, 14 

### especially for the most vulnerable among us, 15 

### including both children and minorities living in 16 

### low income communities. 17

### Parents shouldn't have to worry about the 18 

### air quality where their children live, learn, and 19 

### play. The Clean Power Plan is a tremendous 20 

### opportunity and responsibility to reduce the 21 

### harmful carbon pollution that harms health and 22277

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### worsens climate change. Our children deserve a 1 

### chance to live a healthy and productive life. It 2 

### is our responsibility to protect them from known 3 

### harm. When it comes to carbon pollution, we have 4


### the means to do so. 5 

### Thank you for your leadership. 6 

### MS. DUNHAM: Thank you. 7 

### Mr. Mitchell. 8 

### MR. MITCHELL: My name is Earl Mitchell, 9 

### and I live in Springfield, Virginia, and I'm a 10 

### volunteer with the Sierra Club. 11

### You will probably hear some paid fossil 12 

### fuel lobbyists today, and they will shout that 13 

### the sky will fall if -- if the nation adopts the 14 

### Clean Power Plan. Business as usual has given us 15 

### five coal ash ponds at Possum Point, Virginia, 16 

### which is less than 30 miles from where we sit. 17 

### These ponds contain arsenic, lead, cadmium, 18 

### mercury, et cetera, which -- which leak into the 19 

### soil. Needless to say, this is harmful to all 20 

### forms of life. These ponds date back to the 21 

### 1950's and now Dominion Energy is addressing the 22278

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### issue. 1 

### There are many more ponds in the state. 2 

### Do you remember the one -- there are many more 3 

### ponds in Virginia. Do you remember the one which 4 

### leaked into the Dan River last year? It 5 

### threatened the water supplies of Danville, 6 

### Norfolk, and Virginia Beach. That one belonged 7 

### to Duke Energy; however it caused Virginians many 8 

### problems. 9 

### Water withdrawals used to generate steam10 

### driven turbines in Virginia require 6 to 9 11 

### million gallons of water per day. Much of the 12 

### water is re circulated; however, much is lost 13 

### through evaporation and leakage. Our 14 

### southeastern water aquifer is not as depleted as 15 

### those out west; however, it is dropping and water 16 

### is too precious to waste. 17


### Much of our coal comes from the 18 

### mountaintop removal which has polluted over 2,000 19 

### miles of streams in Appalachia over the last 20 20 

### years. These streams are now off limits for 21 

### fishing and swimming. No matter how many 22279

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### scrubbers are incorporated into the generating 1 

### plants, coal was still a harmful fuel. The 2 

### scrubbers merely capture some of the toxic 3 

### material, but this material then must be safely 4 

### disposed of. The harm starts with the mining of 5 

### coal and continues with the coal ash which is the 6 

### end product. 7 

### Natural gas is not a cure-all. New York 8 

### State has recently banned fracking, and Maryland 9 

### has imposed a temporary ban. Which state is 10 

### next? Fracking has been banned in Germany, 11 

### France, the Netherlands, Scotland, and Wales. 12 

### Dominion Energy is reconfiguring Cove Point in 13 

### Maryland to facilitate the export of natural gas. 14 

### The plan for it is -- is for more than 1.8 15 

### billion cubic feet of gas per day to be exported. 16 

### Much of that gas will come from fracking. That 17 

### will constrict the supply here and increase 18 

### domestic cost. 19

### Burning fossil fuels, both coal and 20 

### natural gas, emit excess quantities of greenhouse 21 

### gases needlessly. Enough of the past. 22280

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### The University of Delaware Special 1 

### Initiative on Offshore Wind, headed by Dr. 2 

### McClellan, has released a study this year which 3 

### predicts that Virginia could supply its entire 4 

### electrical needs through offshore wind. A recent 5 

### survey has indicated that 64 percent of 6 

### Virginians are in favor of developing wind power. 7 

### Rhode Island has taken the first step on 8 

### the east coast with a wind farm that is now 50 9 

### percent completed. Europe has been in the 10 

### business for over two decades with many thousands 11 

### of operating turbines. For information, the 12 

### first modern utility-scale wind energy project 13 

### started in 1931 in Europe. 14

### Virginia should closely examine the 15 

### Regional Greenhouse Gas Initiative, RGGI, which 16 

### is a carbon cap and trade project with the idea 17 

### of joining that association. Nine states have 18 

### collectively formed RGGI, and they have saved 19 

### consumers more than $460 million over the past 20 

### three years in lower electric bills. Our closest 21 

### member state is Maryland. 22281

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### Adopting clean energy would -- would 1 

### improve the health of our citizens and would 2 

### create many non polluting good jobs in every 3


### state. 4 

### Stanford University, through its solution 5 

### project, has estimated that Virginia could avoid 6 

### 1,300 premature deaths each year from air 7 

### pollution by eliminating dirty fossil fuels. 8 

### That number could be replicated in every state 9 

### which relies on fossil fuels to generate power. 10

### In addition, Stanford's study has -- has 11 

### projected that Virginia could have all its power 12 

### needs supplied by renewable sources by the year 13 

### 2050. And, yes, I'm a Dominion Energy 14 

### shareholder, and I like to get a good return on 15 

### my investment. I also believe that Dominion 16 

### could achieve a reasonable return by investing in 17 

### renewable energy. 18

### If California, Iowa, South Dakota, 19 

### Vermont, North Carolina, and many other states 20 

### can do it, there's no reason why we can't do it 21 

### throughout the United States. 22282

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### A recent study by the Harvard School of 1 

### Public Health has found that Virginia could be 2 

### among the top 13 states nationwide in receiving 3 

### public health gains from implementing the full 4


### CPP. 5 

### We need to bring down our greenhouse gas 6 

### emissions for the good of humanity. Start a 7 

### phase out now of all coal burning facilities and 8 

### impose a deadline of 10 years for all such 9 

### facilities to be shut down. At the same time, 10 

### take the tax breaks that the industry has 11 

### enjoyed, and transfer those dollars to renewable 12 

### energy industry. Thank you very much. 13

### MS. DUNHAM: Thank you very much. Thank 14 

### you, both of you. 15

### Okay. I'd like to call Mary Anne Hitt to 16 

### the table as well as Jim Doyle. 17

### Okay. Ms. Hitt, when you're ready. 18

### MS. HITT: All right. Good afternoon. 19 

### My name is Mary Anne Hitt, M-A-R-Y -- space -- 20 

### A-N-N-E, last name H-I-T-T. Thank you for the 21 

### opportunity to testify. 22283

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### I am the Director of the Beyond Coal 1 

### Campaign at the Sierra Club. I live in West 2 

### Virginia. And on behalf of the Sierra Club and 3 

### our 2-plus million members and supporters I want 4 

### to offer our support for the Clean Power Plan and 5 

### for EPA's leadership in tackling climate change. 6 

### During comment periods on the Clean Power 7


### Plan hundreds of thousands of our members have 8 

### joined millions of Americans who weighed in with 9 

### their personal support by submitting comments. 10 

### Thousands have turned out to hearings, including 11 

### those this month here and in Pittsburgh, Denver, 12 

### Atlanta. And one poll after another has shown 13 

### that Americans overwhelmingly support the Clean 14 

### Power Plan and EPA action in reducing carbon 15 

### pollution from coal plants, including recent 16 

### surveys out of states like Missouri, Ohio, 17 

### Virginia, and Illinois. 18

### So we applaud EPA's progress on the Clean 19 

### Power Plan, and we will be submitting written 20 

### technical comments. And I want to just provide a 21 

### quick summary of some of our key requests 22284

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### regarding the issues at hand today, the Federal 1 

### Plan, the Clean Energy Incentive Program, and the 2 

### Environmental Justice Analysis. 3 

### We want to ensure that in the model 4 

### federal plan that the standards achieve the 5 

### pollution reductions promised in the Final Clean 6 

### Power Plan and also address potential carbon 7 

### pollution from new sources. We are encouraging 8 

### EPA to finalize an adhere to a swift deadline for 9 

### adopting and implementing the Federal Plan if 10 

### states fail to act. We are encouraging EPA not 11 

### to reward polluters by allocating allowances for 12 

### free and hoping that any allowances will benefit 13 

### low income communities and communities of color 14 

### and other vulnerable communities. 15

### We're encouraging EPA in the Federal Plan 16 

### not to reward dirty energy sources like biomass 17 

### and waste to energy facilities. And we are 18 

### encouraging EPA not to include a reliability set 19 

### aside, as the rule is already very flexible and 20 

### accommodating of reliability concerns. And we 21 

### want to ensure that the renewable energy set 22285

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### aside provides enough allowances to actually 1 

### bring projects on line that wouldn't otherwise 2



### occur. 3 

### For low income consumers we want to make 4 

### sure that they benefit from the Clean Energy 5 

### Incentive Program that it emphasizes and 6 

### prioritizes projects that are in low income and 7 

### vulnerable communities that would not otherwise 8 

### be happening under a business as usual scenario. 9 

### And on the Environmental Justice Analysis 10


### we want to ensure that the Model Federal Plan and 11 

### the Environmental Justice Analysis all protect 12 

### and benefit minority, low income, and indigenous 13 

### communities. We are very appreciative that EPA 14 

### included a Proximity Analysis that did indeed 15 

### find that a higher percentage of low income 16 

### communities and communities of color live near 17 

### power plants, and we hope EPA will model co18 

### pollutants, that they will -- and that they will 19 

### ensure that when they're applying the proposed 20 

### Federal Plan to states that EPA is -- that EPA is 21 

### ensuring that the pollution reductions are taking 22286

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### place in overburdened communities. 1 

### We would -- are hoping the finalized 2 

### Federal Plan will ensure -- will include 3 

### enforceable deadlines for EPA to address any 4 

### localized emission increases that might result 5 

### from the plan implementation and plans to 6 

### mitigate any adverse impacts on communities, and 7 

### we are hopefully that the finalized FIP will 8 

### ensure vulnerable communities benefit from 9 

### expansion of renewable energy and energy 10 

### efficiency. 11


### We commend the EPA for outreach to 12 

### vulnerable communities in preparing the plan and 13 

### in the context of the proposed FIP, and we hope 14 

### EPA will continue by aiming to respond to and 15 

### address concerns raised by those communities 16 

### about the Federal Plan. And when it issues a 17 

### federal plan for a state. 18

### And so, with that I will share these as 19 

### well, but I would like to conclude on a more 20 

### personal note. 21

### I'm the mom of a 5-year-old, and I have 22287

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### to travel a lot for work. And when I have to 1 

### leave on yet another trip, one of the only things 2 

### that makes my daughter feel better is knowing 3 

### that her mommy is working very hard to take care 4 

### of the planet. And she would be happy that that 5 

### is what you are doing, too, in moving the Clean 6 

### Power Plan forward, and so would all of the kids 7


### out there. 8 

### Last Friday I was a few minutes away from 9 

### booking yet another trip. This one was a plane 10 

### ticket to Paris for events around the 11 

### International Climate Negotiations. And I was 12 

### minutes away from booking that ticket when the 13


### news broke about the terror attacks. And so I 14 

### spent the weekend absorbing the news and the 15 

### shock and thinking about whether I should go on 16 

### the trip. 17

### And yesterday I went ahead and I booked 18 

### the ticket. And what I'll be carrying with me is 19 

### the progress this nation has made in reducing 20 

### coal pollution, 184 new coal plants canceled, 205 21 

### existing coal plants announced to retire, enough 22288

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### clean and renewable energy coming online to 1 

### replace them. I'll also be carrying with me the 2 

### commitment that we, as a nation, are making to 3 

### continue that shift to clean energy. And that is 4 

### a commitment that we are making through the Clean 5 

### Power Plan and through our advocacy and that of 6 

### many others. 7 

### And most importantly, I will be carrying 8 

### with me the promise of a safe future for my 9 

### daughter, a promise that we aren't giving up on 10 

### building a safe world for her and for all of the 11 

### kids of the world. We all know that the heart of 12 

### the world is broken right now, but our future is 13 

### in our hands. And if there was ever a time to 14 

### stand up for that future and to stand up for a 15 

### safe and healthy planet that can sustain us all, 16 

### this is it. And that is what the Clean Power 17 

### Plan represents. So, thank you. 18

### MS. DUNHAM: Thank you. Mr. Doyle. 19

### MR. DOYLE: My name is Jim Doyle, J-I-M, 20 

### D-O-Y-L-E. I am President of Business Forward, 21 

### which is a trade group here in Washington that 22289

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### works with about 75,000 business leaders from 1 

### across the country. Over the past year we've 2 

### organized dozens of briefings on clean energy, 3 

### energy security, and climate change across the 4 

### U.S. Several thousand entrepreneurs, investors, 5 

### small business owners, and senior executives have 6 

### participated. Excuse me. 7 

### Critics of the CPP argue that it will 8 

### increase the cost of electricity which will cause 9 

### manufacturers to shut down U.S. plants and move 10 

### jobs to China. In order to judge this argument 11 

### we have to understand just how much manufacturers 12 

### spend on electricity and how much those costs 13 

### would increase. 14

### Supporters of CPP argue that it's a 15 

### necessary step to mitigating climate change. To 16 

### judge this argument you have to understand just 17 

### how much severe weather is costing manufacturers 18 

### today. The answer is actually very simple. 19

### Electricity represents less than one 20 

### percent of a manufacturer's total cost on 21 

### average. EPA estimates -- estimates that 22290

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### electricity rates could increase about 3.2 1 

### percent in 2020. If one percent of your cost 2 

### increased by 3.2 percent, that means your total 3 

### cost increased by .032 percent. In other words, 4 

### if you manufacture carburetors or toaster ovens, 5 

### or anything and it cost you $100 per unit to 6 

### manufacture that unit, your costs are going to 7 

### increase 3 cents. 8


### We have talked to several thousand 9 

### business leaders, and we have not found one that 10 

### will shut down a lab, a factory, or an office 11 

### because his or her costs are increasing by .032 12 

### percent. 13

### On the other hand, we've talked to those 14 

### business leaders, and they are very worried about 15 

### what climate change is doing to their supply 16 

### chain. Supply chain represents about 60 percent 17 

### of a manufacturer's total cost. That's 60 times 18 

### more than their electricity. 19

### Over the past four years those 20 

### manufacturers have seen their supply chains 21 

### disrupted by typhoons in Thailand, hurricanes in 22291

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### the Gulf of Mexico, droughts in Texas, tornados 1 

### in Kentucky, falling water levels across the 2 

### Great Lakes, and flooding in the northeast. 3 

### Cargo ships crossing the Great Lakes have carried 4 

### less cargo to avoid running aground. Ports are 5 

### preparing for more hurricanes. Highways and 6 

### bridges are subject to more delays. Cargo trains 7 

### have been disrupted by severe weather, have 8 

### arrived at factories months behind schedule. 9 

### Today these events are shutting down or 10 

### slowing down plants for hours, days, sometimes 11 

### weeks at a time. 12

### It's important to understand that this is 13 

### actually quite new. Manufacturing plants of all 14 

### industries have experienced about four unexpected 15 

### disruptions each year on average for a total of 16 

### about 20 hours of down time. These are typically 17 

### caused by equipment failures, power outages, 18 

### absence of key personnel, and severe weather. 19

### With the frequency and intensity of 20 

### severe weather increasing, so are production 21 

### delays and disruptions. An auto plant in Indiana 22292

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### that rarely lost an hour of production lost four 1 

### days in 2013 because of the Polar Vortex. 2 

### Leading reporters have -- employers have 3 

### begun reporting these risks to their 4 

### stockholders. A consumer electronics 5 

### manufacturer have described how the Thailand 6 

### floods caused significant drops in computer -- 7 

### excuse me -- computer sales that year. U.S. 8 

### Steel has explained that low water levels in the 9 

### Great Lakes are increasing shipping costs. Rails 10 

### -- companies have explained that their cars are 11 

### crossing Texas at lower speeds because the rails 12 

### have warped due to this extreme heat and drought. 13

### And to really understand the context for 14 

### this, it's important to understand that the -- 15 

### the supply chains are growing increasingly big, 16 

### increasingly complicated, and increasingly fast. 17 

### It's called just in time inventory. And what it 18 

### means is a plant operates with only a few hours 19 

### of inventory on its shelves at any one time, 20 

### helps reduce labor costs; it also helps reduce 21 

### their overhead. And what that also means is that 22293

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### if severe weather comes in and disrupts the plant 1 

### -- if those parts are delayed two or three hours, 2 

### that plant shuts down. So, the cost of these 3 

### shut downs is much higher than a 3.2 percent 4 

### increase in their electricity rates. 5 

### An auto assembly plant loses 1.25 million 6 

### dollars for every hour it shuts down. That means 7 

### that a plant is going to lose more than 30 8 

### minutes of severe weather reduced delays than it 9 

### will pay in a year of higher electricity cost 10 

### caused by the CPP. 11

### For those critics who are arguing that 12 

### the CPP is going to kill manufacturing in 13 

### America, we have to do the math. Nobody is 14 

### closing a plant, or a lab, or an office because 15 

### the cost of producing a hundred dollar product 16 

### increases 3 cents. They should be looking at 17 

### supply chain costs which are 60 times bigger and 18 

### more important to their business. Thank you very 19


### much. 20

### MS. DUNHAM: Great. Thank you very much. 21 

### Thanks to both of you. 22294

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### So, I'm going to invite -- actually, I'm 1 

### going to invite one more panel up here. So, 2 

### could Felipe Floresca come to the table and Paul 3 

### Kaplowitz. If you're both here, I'll invite you 4 

### guys to the table. And then we're going to take 5 

### a short break because a couple of us need a 6 

### little bit of a break. So, is Felipe Floresca 7


### here? 8 

### (No response.) 9 

### No? Okay. Well, actually, is Susan 10 

### Bonney here? 11

### (Indicating.) 12

### Okay. Okay. Great. Mr. Kaplowitz, when 13 

### you're ready. 14

### DR. KAPLOWITZ: Hi, my name is Dr. Paul 15 

### Kaplowitz, and I'm from Alexandria, Virginia. 16 

### Thank you for this opportunity to offer comment. 17

### I am a member of the Virginia Sierra 18 

### Club, and I'm here today to speak in support of 19


### the EPA's Clean Power Plan and to comment on the 20 

### recently proposed Federal Implementation Plan. 21

### Fossil fuel fired power plants are a 22295

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### major contributor not only to climate change but 1 

### respiratory and heart disease as well. As a 2 

### pediatrician I know that children are at the 3 

### greatest health risk from air pollution because 4 

### they're more likely to be active outdoors, and 5 

### their lungs are still developing. 6 

### I work at Children's National Medical 7 

### Center a few miles from here where asthma, while 8 

### treatable, remains a major cause of 9 

### hospitalizations and ER visits. Asthma strikes 10 

### nearly 1 in 10 school children in the U.S. and is 11 

### the number one health issue that causes kids to 12 

### miss school. 13

### By 2030 the Clean Air Power -- the Clean 14 

### Power Plan, if it's implemented as planned, may 15 

### prevent 150,000 asthma attacks, numerous 16 

### hospitalizations, and ER visits, and up to 6,600 17 

### premature deaths every year. 18

### This is really a personal issue for me 19 

### and my family. Years ago my wife and I took our 20 

### two young sons to several National Parks 21 

### throughout the country, and even in the late 80's 22296

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### and 90's it was clear that emissions from power 1 

### plants were resulting in a haze which obscured 2 

### any of the spectacular views which were much 3 

### clearer when I visited those parks as a child. 4 

### Now I have three grandchildren and a 5 

### fourth is on the way. And it's really sad to 6 

### reflect that without dramatic action the quality 7 

### of the air and the warming of the climate will 8 

### greatly affect the quality of their lives. 9 

### Already, even this, you know, decade, we're 10 

### seeing extreme weather events much more 11 

### frequently than we did in the past. 12

### I want to leave behind a planet which my 13 

### children and grandchildren can thrive in. And 14 

### we're running out of time to halt the warming of 15 

### the planet which is linked to rising CO2 levels. 16

### So, the EPA's Clean Power Plan won't 17 

### solve all our problems, but I think at least it 18 

### represents a strong first step and will show 19 

### other countries that we are serious about 20 

### mitigating global warming. 21

### It upsets me a great deal that those who 22297

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### oppose this plan take the very narrow short-term 1 

### view that this plan is an economic disaster which 2 

### will result in loss of countless jobs. However, 3 

### the Clean Power Plan provides great opportunities 4 

### for economic growth and sustainable development. 5 

### Investing in clean renewable energy will create 6 

### jobs and fuel economic growth. And the EPA 7 

### estimates that the Power Plan will deliver annual 8 

### benefits as high as $93 billion a year by 2030 9 

### which should more than offset the loss of jobs 10 

### linked to dirty fossil fuels. 11

### There are good reasons for each state to 12 

### develop its own plan that takes into account its 13 

### own unique circumstances. Most states are likely 14 

### to develop their own program to comply with the 15 

### Clean Power Plan. The EPA can assist states by 16 

### providing technical and policy guidance. It must 17 

### also review and approve state plans to ensure 18 

### that they comply with the Act. 19

### If a state fails to adopt and implement 20 

### its inadequate plan, then the EPA is required to 21 

### issue and enforce a Federal Implementation Plan. 22298

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### And in order to ensure that the draft model 1 

### Federal Plan is strong and just, here are some 2 

### things that the EPA must do: 3 

### First, it must assure -- ensure that 4 

### carbon pollution standards in the Model Federal 5 

### Plan achieve or surpass the pollution reductions 6 

### promised in the Final Clean Power Plan. 7 

### Second, we need to ensure that states 8 

### address potential carbon pollution from not just 9 

### old but new power plants to achieve overall 10 

### electric sector reductions in carbon pollution. 11

### Third, we need to protect low income 12 

### consumers by maximizing utilities' incentives to 13 

### invest in energy efficiency which is good for the 14 

### environment and lowers household energy bills, 15


### too. 16

### Fourth, we have to ensure that the Model 17 

### Federal Plan protects and benefits minorities, 18 

### low income, and indigenous communities that have 19 

### traditionally borne the brunt of pollution from 20 

### fossil fuels and may be most likely to experience 21 

### the impact of final change -- of climate change. 22299

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### And finally, the plan should resist give 1 

### aways of allowances to the most polluting 2 

### sources. Thank you very much. 3 

### MS. DUNHAM: Thank you very much. Ms. 4 

### Bonney. 5 

### MS. BONNEY: Thank you. My name is Susan 6 

### Bonney, S-U-S-A-N; Bonney is B-O-N-N-E-Y, and I'm 7 

### a member also of the Virginia Sierra Club, and 8 

### I'm in Fairfax County, Virginia. Our Sierra Club 9 

### group is known as the Great Falls Group. 10

### I grew up in Virginia Beach, Virginia, 11


### and I’m here to comment on the CPP Federal 12 

### Implementation Plan. My hometown, Virginia 13 

### Beach, and the entire Hampton Roads region are at 14 

### risk from sea level rise. This is a photograph 15 

### taken last year of a neighborhood in Norfolk, 16 

### Virginia, during a storm. It was not a 17 

### hurricane. These streets are under water. Cars 18 

### are in threat -- threatened of being under water 19 

### also in this photo. The symbol -- the statue is 20 

### a symbol of the City of Norfolk, Virginia, a 21 

### mermaid. 22300

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### Sea level rise in this region could 1 

### eventually displace residents and business and 2 

### threaten Naval Station Norfolk and other military 3 

### and economic assets. The region has experienced 4 

### two feet of sea level rise in 75 years and may 5 

### face an additional two to five feet by the end of 6 

### this century. 7 

### Every year more of our dollars are going 8 

### to addressing this impact of climate change. 9 

### Rising sea levels raise the cost of keeping 10 

### drinking water clean, and extreme weather hurts 11 

### businesses that depend on tourism. That's a big 12 

### economic driver in that -- in Virginia Beach. 13

### Hampton Roads is second only to New 14 

### Orleans in its vulnerability to sea level rise 15 

### impacts. 16

### But in response to this agency's search 17 

### for input on the proposed Federal Plan, I urge 18 

### you to put forth a strong Clean Energy Incentives 19 

### Program for the states. The acronym, CEIP. The 20 

### intent of the CEIP is to incentivize early 21 

### investments in wind and solar, renewable energy 22301

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### generation as well as energy efficiency measures 1 

### implemented in low income communities. 2 

### I will work and volunteer in Virginia to 3 

### urge our leaders to participate in EPA's early 4 

### action program to qualify for additional federal 5 

### allowances and to benefit our low income 6 

### environmental justice communities in both urban 7


### and rural areas. 8


### In order to ensure the draft model 9 

### federal plan is strong and just, the Federal 10 

### Implementation Plan must maximize utilities' 11 

### incentives to invest in energy efficiency. 12 

### Including these incentives will result in lower 13 

### household electric consumption due to energy 14 

### efficiency technologies in the -- that the FIP 15 

### supports. The impact on low income families and 16 

### all of us will be lower energy bills. 17

### A strong FIP will result in accelerated 18 

### deployment of new renewable energy capacity which 19 

### means a state will gain new renewable 20 

### construction jobs. There's also a significant 21 

### potential for energy efficiency-related job 22302

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### creation. 1 

### A strong FIP must also resist give aways 2 

### of allowances to the most polluting sources of 3 

### electricity generation. 4 

### You, here at EPA, can emphasize in your 5 

### communications to states and their leaders that 6 

### because the matching federal allowances will come 7 

### from a federal pool, it's the equivalent of the 8 

### federal government providing matching grant funds 9 

### for construction projects. Obtaining federal 10 

### funding for construction projects will generate 11 

### jobs and economic growth. And accordingly, it's 12 

### in the states' best interest to maximize the 13 

### opportunity for receiving the federal allowances 14 

### which might otherwise go to other states. 15

### EPA has given states the flexibility to 16 

### write their own state implementation plans. I 17 

### plan to volunteer with many others to protect the 18 

### CPP in Virginia so we do not forfeit the 19 

### opportunity to cut carbon use now. 20

### I'm calling on EPA for a strong Federal 21 

### Implementation Plan for any state that does not 22303

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### submit an approvable plan. The Federal 1 

### Implementation Plan must achieve the same levels 2 

### of emissions performance as required of state 3 

### plans under the CPP, or even better, even further 4 

### reductions. Thank you for your time. 5 

### MS. DUNHAM: Thank you very much. Thanks 6 

### to both of you. 7 

### All right. I would like to -- 8 

### DR. KAPLOWITZ: Do you want a copy of our 9



### -- 10

### MS. DUNHAM: Yes, please. We love -- we 11 

### can take it here or we can -- 12

### DR. KAPLOWITZ: Do you have any 13 

### questions? 14

### MS. DUNHAM: Not today. Thank you. 15

### All right. We do want to take a short 16


### break. 17

### Thank you. We will submit that to the 18


### record. 19

### I want to take a short break, although, 20 

### one -- before we do, I just want to make sure -- 21 

### is Felipe Floresca here? 22304

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### (Indicating.) 1 

### Okay. Then why don't I invite you to -- 2 

### if you're -- if you're ready, invite you up here, 3 

### and then we'll -- we'll take a break when you're 4 

### -- when you're done. 5 

### So, yes, just -- I want to make sure 6 

### people don't have to wait very long. So, 7 

### Margaret Whiteside Cher, are you here as well? 8 

### If you'd like to -- I'll invite you up here, and 9 

### then you can come speak before we take a break. 10


### And then we'll take a break as soon as the two of 11 

### you are done. 12

### All right. Mr. Floresca, as soon as 13 

### you're ready. 14

### MR. FLORESCA: My name is Felipe 15 

### Floresca. It's F-E-L-I-P-E; last name Floresca, 16 

### F-L-O-R-E-S-C-A. And I work with the Emerald 17 

### Cities Collaborative. 18

### The Collaborative would like to thank EPA 19 

### for the opportunity to testify and submit our 20


### remarks for the record. 21

### The Clean Power Plan represents an 22305

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### unprecedented opportunity to cut carbon pollution 1 

### and address the health needs of all Americans. 2 

### Our coal -- our collaboratives is a national 3 

### intermediary organization promoting a clean 4 

### energy economy, community resilience, and 5 

### creation of high level jobs in low income 6 

### communities of color. 7 

### Our particular approach to the Clean 8 

### Power Plan is, one, based on equity and inclusion 9 

### to ensure that those communities are not left out 10 

### of our nation's current clean energy revolution. 11 

### We agree with a number of our fellow national 12 

### advocacy organizations that climate 13 

### disproportionately impacts low income communities 14 

### of color. The Clean Power Plan not only 15 

### addresses viable ways to address these impacts 16 

### but also provides avenues to address the 17 

### longstanding problems of poverty, unemployment, 18 

### disinvestment, and blight. 19

### The Federal Implementation Plan should 20 

### take full advantage of this opportunity by 21 

### adopting policies that make long-term investments 22306

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### in local economic development and jobs. 1 

### Although we understand that CPP offers no 2 

### silver bullet in alleviating these problems, it 3 

### can take a concerted step towards addressing 4 

### poverty and pollution. For us, equity translates 5 

### into the development of policies that benefit all 6 

### urban communities. As stated by our President, 7 

### Dr. Denise Fairchild, in an April 2015 article in 8 

### Governing magazine entitled, The Making of an 9 

### Energy Ghetto, the clean energy revolution is 10 

### underway and so is the war against it. For low 11 

### income communities of color the stakes are 12 

### especially high. Will these communities reap the 13 

### benefits of the emerging clean energy economy, or 14 

### will they be locked into energy ghettos? 15

### Similarly, in the summer of 2014 edition 16 

### of the Harvard Law Review an article entitled, 17 

### Addressing Poverty and Pollution, Vien Truong, 18 

### who is Director of Green For All, stated that our 19 

### ZIP codes have become a better determinant of our 20 

### life expectancies rather than our genetic codes. 21 

### These unequal health incomes directly relate to 22307

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### toxic environments and social economic 1 

### disparities. 2 

### And in a recent governing article of last 3 

### month on Racial Equity, Poverty and the Promise 4 

### of Clean Power, ECC, our collaborative, joined 5 

### the NAACP, Green Latinos, and the Asian Pacific 6 

### Environmental Network to describe the negative 7 

### impacts of carbon emissions on low income 8 

### communities of color and how the Clean Power Plan 9


### can and must counter them. 10

### This article noted that communities are 11 

### plagued with high rates of cancer, asthma, and 12 

### other pollution-related illnesses well above the 13 

### national average with 68 percent of African14 

### Americans and 40 percent of Latinos living within 15 

### 30 miles of a coal fired power plant. And over 16 

### 50 percent of Asian Pacific islanders living in 17 

### counties with unhealthy air quality. 18

### Also, Latino and Asian Pacific immigrant 19 

### communities living in the shadow of undocumented 20 

### status have very limited medical options for 21 

### pollution-related ailments. 22308

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### Our Collaborative applauds EPP for 1 

### including the Clean Energy Incentive Program in 2 

### the Final Rule. CEIP addresses the energy 3 

### disparities just described and could prevent 4 

### energy ghettos by directing states to ensure that 5 

### low income communities of color share in the 6 

### benefits of the clean energy economy. By 7 

### rewarding states for early investments in solar 8 

### and wind generation as well as demand side energy 9 

### efficiency programs, CEIP gives vulnerable 10 

### communities the opportunity to generate wealth by 11 

### turning property owners and communities into 12 

### energy producers. 13

### CEIP offers unique opportunities to 14 

### promote community ownership of energy resources 15 

### and to create clean energy jobs for local 16 

### residents. 17

### The FIP should include policy choices and 18 

### flexible approaches that recognize equity as a 19 

### major variable. This is essentially an important 20 

### consideration how the value of pollution 21 

### allowances is allocated. These allowances 22309

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### represent an important tool to foster local 1 

### economic development in communities of color. 2 

### The allowance is created and revenues generated 3 

### by the implementation of CPP should be used to 4 

### guaranty not only environmental but economic 5 

### benefits. 6 

### For us, inclusion translates into 7 

### guaranty -- guarantying that low income 8 

### communities of color are engaged in development 9 

### of state clean power plans. This is important 10 

### because the states' plans can have a tremendous 11 

### positive impact and effect on the health and well 12 

### being of low income residents in vulnerable 13 

### communities. 14

### But such opportunities will be lost if 15 

### not -- if there is not inclusive engagement. ECC 16 

### applauds EPA for requiring states to demonstrate 17 

### through a clear public participation process how 18 

### they are actively engaged in low income 19 

### communities of color in state plans. 20

### This requirement is very, very meaningful 21 

### for folks that we work with in 10 states. The 22310

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### Final Rule recognizes that communities located in 1 

### what we call Hot Spot Communities that live next 2 

### to power plants must be addressed. 3 

### We had two convenings, one last year in 4 

### October and one two weeks ago, November 2nd; and 5 

### we brought together 20 organizations to talk 6 

### about equity and inclusion. 7 

### The plan is a positive game changer for 8 

### communities, and it provides a viable future for 9 

### vulnerable folks around the country. 10

### Presently we are preparing formal 11 

### comments on the Final Rule and the Federal 12 

### Implementation Plan. We are also working with 13 

### some of our advocacy allies on joint comments. 14 

### Over the next two months we will continue to 15 

### explore all aspects of the rule and the FIP. Our 16 

### formal comments and those of our ally advocates 17 

### will embody the principles of equity inclusion, 18 

### and we will work and fight for SIP in California, 19 

### Louisiana, Ohio, New York, Rhode Island, and 20 

### Mississippi. 21

### Thank you for the opportunity to provide 22311

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### this testimony and remarks to be submitted to the 1 

### public record. 2 

### MS. DUNHAM: Thank you very much. 3 

### MR. FLORESCA: And sorry for going over 4 

### time. 5 

### MS. DUNHAM: No, that was good. Thank 6 

### you. That's why it sets your -- okay. 7 

### MS. CHEN: My name is Margaret W. Chen, 8 

### C-H-E-N. Margaret, M-A-R-G-A-R-E-T. 9 

### I live in Virginia. I'm a member of the 10 

### Sierra Club, and I'm here as a volunteer. I am 11 

### in favor of the EPA promptly issuing a Federal 12 

### Implementation Plan if a state refuses to or 13 

### cannot comply with the Clean Power Plan. 14

### Pollution reductions that will save lives 15 

### and protect the planet from the most dangerous 16 

### effects of climate change must -- we have to get 17 

### them as early as possible. 18

### I'm originally from Kentucky. Every year 19 

### I drive back there towards the Shenandoah Valley 20 

### and then on through West Virginia. Part of the 21 

### drive is breathtakingly beautiful and not all of 22312

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### it is. We're on 64, and we go past the city of 1 

### Nitro, West Virginia, and Ashland, Kentucky. 2 

### This is part of the tri-state area that local 3 

### residents call Chemical Valley. And you can bet 4 

### we shut the car windows and close the vents as we 5 

### drive through the area. We can still smell the 6 

### air and see the smog. 7 

### Oh, but they provide jobs for the locals, 8 

### but jobs don't have to be those that produce 9 

### pollution. Why not focus more on jobs that will 10 

### produce cleaner energy or will use a new 11 

### technology to clean up people's living 12 

### environments? 13

### Soon enough, we pass through this area 14 

### and come to the hills of western Kentucky and on 15 

### into beautiful bluegrass country where it's easy 16 

### to forget about the ugliness and the bad air. 17 

### Out of sight, out of mind. But most of the 18 

### weather systems move eastward which will bring 19 

### the smog and particulate matter emitted by power 20 

### plants to us, and it's easy to forget when you 21 

### live away from the pollution. Maybe it's easy 22313

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### not to care about poor and less advantaged people 1 

### who may be stuck with living there, but the 2 

### reality is that all of the smog and fine 3 

### particulate matter cause environmental damage and 4 

### have adverse consequences on everyone's health. 5 

### Both of my own children suffered from 6 

### asthma when they were young. And many times 7 

### power plants are located near areas where 8 

### minorities and disadvantaged lived, and their 9 

### children typically suffer more from asthma and 10 

### respiratory illness. 11

### So air pollution can be difficult to see, 12 

### but if we're attentive, it can be observed 13 

### directly. 14

### My husband and I sailed a small racing 15 

### boat on the Potomac River many years ago. We 16 

### kept it at Washington Sailing Marina, a few miles 17 

### from the GenOn Power Plant in Alexandria. It's 18 

### on the banks of the Potomac River. And every 19 

### week we had to clean the black, tarry soot off of 20 

### the fiberglass boat. It took car wax with its 21 

### solvent to remove the tarry black specks that 22314

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### adhered to the fiberglass. 1 

### Smaller particles of that stuff can be 2 

### carried to the far reaches by moving weather 3 

### patterns. And it ends up in people's airways, 4 

### causing asthma, lung cancer, other health-related 5 

### illnesses. Someone pays the price because the 6 

### power companies can't afford to. 7 

### So, you probably know that the GenOn 8 

### Power Plant has been closed, and clean up and 9 

### environmental remediation has begun. Part of 10 

### that closure was due to economic reasons, newer 11 

### sources of energy, cleaner -- provide their own 12 

### jobs, and they're not cost-free, but this closure 13 

### is definitely a good thing for the people of the 14 

### City of Alexandria where the ultra privileged and 15 

### the working poor live side by side. 16

### When a power plant says the regulations 17 

### are too difficult and will kill jobs, it's 18 

### because they don't want to bear the extra cost. 19 

### It will cut into profits, and they won't be able 20 

### to compete. That's why it has to be a national 21 

### mandate, and the EPA needs to get the 22315

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### implementation plan into place. 1 

### The true market economy has to take into 2 

### account the true cost of energy production from 3 

### start to finish, including cleaning up the 4 

### environment. And if we all have to pay more for 5 

### that energy, it means the economy before has not 6 

### been properly accounting for the true cost of 7


### energy. 8 

### So, today the energy industry has not 9 

### taken a leadership role in conforming to the 10 

### market economy principle. And only the 11 

### government -- that is the EPA -- can induce this 12 

### change by instituting more stringent regulations. 13

### Thank you for giving me the opportunity 14 

### to speak today. 15

### MS. DUNHAM: Thank you very much. Thanks 16 

### to both of you for speaking today. 17

### Okay. I think we are going to take a 18 

### short break. It's about 3:42. Maybe we'll try 19 

### to start up again at about 3:50, assuming we have 20 

### people who want to talk. 21

### (Brief recess.) 22316

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### MS. DUNHAM: Let me just check. Is 1 

### Gavin Grossman here? Are you ready? Okay. If 2 

### you're ready -- I don't want to rush you, and I 3 

### want to make sure that our court reporter is 4 

### ready, too. Okay. Then, Mr. Grossman, whenever 5 

### you're ready. 6 

### MR. GROSSMAN: All right. Well, first 7 

### I'd like to thank the EPA, the Obama 8 

### administration, and the President for moving 9 

### forward with the Clean Power Plan. 10

### Limiting global pollution from power 11 

### plants which are the single largest source of 12 

### such pollution in the United States is a critical 13 

### step to moving forward to protect our environment 14 

### from the worst impacts of climate change. 15

### On behalf of Environment America I 16 

### appreciate this opportunity to provide feedback 17


### on the draft model rule for states and the draft 18 

### Federal Implementation Plan. Every day it 19 

### becomes clearer that global warming is happening 20 

### now, and it's already hitting us close to home. 21 

### From drought in California to extreme rainfall in 22317

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### South Carolina to historic flooding in Texas to 1 

### extreme storms like what I've faced as a citizen 2 

### from New Jersey with Super Storm Sandy. The 3 

### signs that we need to urgently act are 4 

### accelerating. This is why it's imperative that 5 

### we implement the Clean Power Plan as quickly as 6 

### possible and accelerate our transition to clean 7


### energy. 8 

### We know that global warming is largely 9 

### caused by carbon pollution. We should do 10 

### everything in our power to invest in energy 11 

### resources that do not contribute to global 12 

### warming. States across the country have a vast 13 

### potential to shift to clean energy. 14

### For example, America has the potential to 15 

### power itself 10 times over with winds that blow 16


### both over land and off the east coast. States 17 

### like Virginia and Georgia have extreme potential 18 

### to develop offshore wind energy farms. And in 19 

### states across the country like Colorado, there's 20 

### -- who's already producing 10 percent of its 21 

### electricity from wind, there's also great 22318

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### potential. 1 

### A great example of this would be the 2 

### State of Iowa whose -- generates a quarter of 3 

### their power using wind. The United States also 4 

### has the potential to produce more than a hundred 5 

### times as much electricity from solar PV and 6 

### concentrating solar panels installations as the 7 

### nation consumes each year. Each of the 50 states 8 

### has a potential to generate more electricity from 9 

### the sun than its residents consume. Colorado has 10 

### enough solar power -- solar potential to power 11 

### the entire state over 350 times over. Virginia 12 

### could produce nearly 20 times as much power as it 13 

### does through using solar energy. And Georgia 14 

### could power its economy more than 40 times over 15 

### using solar energy. 16

### Energy efficiency offers vast untapped 17 

### potential to get more done while using less 18 

### electricity. It's our cheapest and quickest tool 19 

### to prevent global warming pollution. The 20 

### American Council for Energy Efficient Economy 21 

### estimates that we could reduce our overall energy 22319

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### use across the economy by 40 to 60 percent by the 1 

### year 2050. 2 

### Even as our economy grows, by deploying 3 

### better technology in our buildings, our industry, 4 

### and our homes, it's important to invest in energy 5 

### efficient programs. In order to address the 6 

### climate crisis, we need to accelerate our 7 

### progress towards a hundred percent clean energy. 8 

### As the EPA finalizes the Model Rule and 9 

### the Federal Implementation Plan, we strongly 10 

### encourage you to ensure that these programs 11 

### encourage investment in clean energy resources 12 

### such as wind, solar, and energy efficiency as 13 

### much as possible. 14

### I have a few specific recommendations on 15 

### the proposed Model Rule and the Federal Plan. 16 

### The faster the EPA can finalize the Model Rule, 17 

### the more certainty states will have as they 18 

### develop their compliance plans, and the quicker 19 

### that they can move forward. 20

### We urge the EPA to consider whether some 21 

### components can be finalized shortly after the 22320

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### comment period closes. 1 

### The EPA should apply the Federal Plan 2 

### provision swiftly and should state -- and should 3 

### a state decline to adequately carry out its 4 

### responsibilities, we support the EPA's proposal 5 

### to issue a federal plan for any state that does 6 

### not meet one of the interim state planning 7 

### milestones, and urge the EPA to do so within less 8 

### than one year after finding that the state is not 9 

### on track to submit a final state plan. 10

### Lastly, the EPA must ensure that the 11 

### affected power plants abide by the enforceable 12 

### limits on their emissions of global warming 13 

### pollution by applying effective accountability 14 

### mechanisms. 15

### Thank you again for the opportunity to 16 

### speak. I appreciate the EPA's efforts in moving 17 

### forward with our proposal, and I urge you to move 18 

### forward swiftly in cleaning up our nation's power 19 

### plants. 20

### MS. DUNHAM: Thank you very much. 21

### MR. GROSSMAN: Thank you. 22321

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### MS. DUNHAM: Appreciate it. Okay. 1 

### (Discussion off the record.) 2 

### MS. DUNHAM: Let me just -- we also had 3 

### Erica Wagner sign up earlier. Is Erica here? 4 

### No, okay. 5 

### Okay. I think we will -- we have at 6 

### least one more person who is about to come in 7 

### that we'll hear from, and we'll take anyone else 8 

### who comes in, too. 9 

### Ms. Friend, are you ready? Whenever 10 

### you're ready, come -- 11

### MS. FRIEND: Hello, my name is Emma 12 

### Friend, spelled E-M-M-A, F-R-I-E-N-D, and I am 13 

### from Burlington, Vermont. Thank you for this 14 

### opportunity to offer comment. 15

### I am an intern with the Sierra Club 16 

### Legislative Office, and I am here today to speak 17 

### in support of EPA's Clean Power Plan and comment 18 

### on the recently proposed Federal Implementation 19


### Plan. 20

### I come to you today from Burlington, 21 

### Vermont, the largest city in a state with a 22322

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### historically notorious unfavorable job market and 1 

### slow economic growth. Last year Burlington made 2 

### headlines when it became one of the very first 3 

### communities of its size to go to 100 percent 4 

### renewable power in its energy mix, showing the 5 

### rest of the country that it's possible and giving 6 

### Vermonters the added benefit of economic growth. 7 

### A boom in clean energy jobs has provided 8 

### thousands of Vermonters with meaningful 9 

### employment, put my state at number one for clean 10 

### energy jobs per capita in the nation, and lowered 11 

### utility costs for its residents. 12

### The connection between a shift to 13 

### renewable energy from dirty oil and a boom in the 14 

### state's economy is more than apparent. I only 15 

### wish citizens of other states can reap some more 16 

### benefits. And the Clean Power Plan is the way to 17 

### do it. 18

### The Clean Power Plan provides great 19 

### opportunities for economic growth and sustainable 20 

### development. Investing in clean energy will 21 

### create jobs and fuel economic growth, and 22323

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### Burlington has proved that. In fact, the EPA 1 

### estimates that the Clean Power Plan will deliver 2 

### annual benefits nationwide of up to $93 billion 3 

### by 2030. 4 

### More than its small size, progressive 5 

### policies, or slow economy, Vermont is perhaps 6 

### best known for its natural beauty cultivated by 7 

### but also inspiring an engrained culture of 8 

### respect and reverence for nature. 9 

### My best friend, Eeris [phonetic], moved 10 

### there when she was 6 years old as a refugee from 11 

### Bosnia. Bosnia has natural beauty she says but 12 

### no respect for it. Littering is commonplace, and 13 

### parks are few and far between. She visits Bosnia 14 

### often, and when she returns, she is immediately 15 

### struck by the difference in air quality. She 16 

### says in her country between staggering 17 

### unemployment rates and a lack of clean energy 18 

### infrastructure fire stoves are still a main 19 

### source of heat, and folks are known to supplement 20 

### with whatever they can, including known 21 

### carcinogens. Often without a filtration system, 22324

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### this creates health problems for residents, 1 

### including cancer and respiratory issues. 2 

### My friend's family came to the U.S. for a 3 

### better life, seeking asylum from a war-torn 4 

### country. And yet many of these same devastating 5 

### impacts of climate are felt in communities here 6 

### in the U.S. from families displaced from their 7 

### homes due to extreme weather to children 8 

### suffering from the health impacts of poor air 9 

### quality. 10

### Climate change is a human rights issue 11 

### and one that must be dealt with immediately. The 12 

### Clean Power Plan is a great place to start. For 13 

### example, the EPA has estimated that by 2030 the 14 

### Clean Power Plan will prevent 150,000 asthma 15 

### attacks and up to 6,600 premature deaths 16 

### annually. 17

### My state is already on a good track with 18 

### an energy plan to reach 90 percent statewide 19 

### renewable energy by 2050 and growth in clean 20 

### energy jobs projected to double in the next 6 to 21 

### 12 months after a year of outperforming other job 22325

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### sectors. There is every reason for each state to 1 

### reap the same benefits. 2 

### Under the Clean Power Plan EPA will 3 

### assist state efforts by providing technical and 4 

### policy guidance. EPA must also review and 5 

### approve state plans to ensure that they comply 6 

### with the act. If a state fails to adopt and 7 

### implement an adequate plan, EPA is required to 8 

### issue and enforce a Federal Implementation Plan. 9


### In order to ensure the draft model Federal Plan 10 

### is strong and just, EPA must ensure the carbon 11 

### pollution standards in the model federal plan, 12 

### achieve the pollution reductions promised in the 13 

### final Clean Power Plan or even further 14 

### reductions, ensure that states address potential 15 

### carbon pollution from new power plants to achieve 16 

### overall electric sector reduction in carbon 17 

### pollution, protect low income consumers by 18 

### maximizing utilities' incentives to invest in 19 

### energy efficiency which lowers household energy 20 

### bills, ensure that the modern Federal Plan 21 

### protects and benefits minority, low income, and 22326

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### indigenous communities that have long borne the 1 

### brunt of fossil fuel pollution and may be most 2 

### likely to experience the impacts of climate 3 

### change, resist give aways of allowances to the 4 

### most polluting sources. 5 

### The Clean Power Plan will clean up our 6 

### air and address climate disruption while also 7 

### modernizing how we power our country and our 8 

### economy, spreading innovation and creating 9 

### thousands of jobs and billions of dollars in new 10 

### investments. Thank you. 11

### MS. DUNHAM: Thank you very much. 12

### Okay. I think we will wait for a little 13 

### bit to see if -- if more people want to talk. 14

### If anyone here who has not talked would 15 

### like to, I encourage you to check in at the 16 

### registration desk outside. 17

### (Pause.) 18

### Maybe we'll -- we'll give it a couple 19 

### minutes and then we might disband at least for 20 

### the afternoon until the evening session, but 21 

### let's give it a couple more minutes. 22327

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### AUDIENCE: The others probably wouldn't 1 

### get here till the last. 2 

### MS. DUNHAM: Okay. Okay. Thank you. 3 

### I think we can -- we'll take a break at 4 

### least until more people come, but we'll -- okay. 5 

### Yes, we'll -- we'll stay around for sure. 6 

### (Pause.) 7 

### MS. DUNHAM: Yes, thank you. 8


### AUDIENCE: I know there's at least one 9 

### person, and they left. 10

### (Pause.) 11

### MR. NOVAK: Are you ready for me? 12

### MS. DUNHAM: Yes, sure, whenever you're 13 

### ready. We're -- 14

### MS. MILLER: Impeccable timing. 15

### MR. NOVAK: Perfect timing. 16

### MS. DUNHAM: Okay. 17

### MR. NOVAK: How are you, Sarah? 18

### MS. DUNHAM: I'm good. 19


### MR. NOVAK: Good. Good afternoon. I'm 20 

### John Novak, head of the Environmental Issues Team 21 

### at the National Rural Electric Cooperative 22328

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### Association. NRECA is a national service 1 

### organization dedicated to representing the 2 

### national interests of the more than 900 non-for3 

### profit rural electric utilities. The vast 4 

### majority of NRECA members are consumer-owned 5 

### cooperatives. 6 

### In several instances EPA's final Clean 7 

### Power Plan moved in the right direction by giving 8 

### states more time to plan, pushing back the 9 

### interim compliance deadline by two years, and 10 

### eliminating the requirement for energy 11 

### efficiency. 12

### Unfortunately, EPA also significantly 13 

### increased the burden for many cooperatives and 14 

### other utilities in states such as Montana, North 15 

### Dakota, and Wyoming where the emissions reduction 16 

### goals were increased by up to fourfold. EPA also 17 

### did not adequately develop a reliability safety 18 

### valve or solve the real problem of stranded 19 

### assets or remaining useful life for cooperatives, 20 

### thus the final Clean Power Plan will negatively 21 

### impact electric cooperatives and their consumer 22329

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### owners. 1 

### Not surprisingly, EPA's proposed federal 2 

### plan and model trading rules also fail to address 3


### the concerns that NRECA and our members have 4 

### raised in comments in previous statements, and in 5 

### meetings with EPA and others in the 6 

### administration. 7 

### Cooperatives and the consumer owners they 8 

### serve will see substantial increases in 9 

### electricity rates under the Clean Power Plan, 10 

### whether under a state plan or the proposed 11


### Federal Plan. 12

### As we have pointed out before, electric 13 

### cooperatives are heavily reliant on coal 14 

### generation because they built coal fired power 15 

### plants when the administration and the U.S. 16 

### Congress encouraged the use of coal to provide 17 

### affordable, reliable electricity. 18

### These coal units still have significant 19 

### remaining useful lives as co-ops have spent 20 

### billions of dollars on pollution control upgrades 21 

### to these units to meet a host of EPA -- existing 22330

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### EPA regulations. Many co-ops have outstanding 1 

### loans, some government loans, that were necessary 2 

### to pay for the environmental retrofits. Co-ops 3 

### must be able to economically run these units to 4 

### generate adequate revenue in order to repay these 5


### loans. 6 

### EPA missed this point in the proposed 7 

### Federal Plan by stating that units with short 8 

### remaining useful lives will not have to incur 9 

### significant capital costs for retrofit technology 10 

### to comply. First of all, since there is no 11 

### viable retrofit technology to reduce carbon 12 

### dioxide emissions that exist in coal fired power 13 

### plants, I'm not sure what technology EPA was 14 

### referring to. 15

### Second, as EPA well knows, we're talking 16 

### about units with significant remaining useful 17 

### lives that are in jeopardy of being shut down 18


### because of the Clean Power Plan -- before the 19 

### remaining debt can be paid off, resulting in 20


### stranded assets. 21

### The forced premature shut down of co-op 22331

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### power plants before their debt is repaid means 1 

### that co-op member owners will be paying twice for 2 

### their electricity -- once for the shuttered power 3 

### plant and again for power from somewhere else. 4 

### And as you have heard before, many co-op consumer 5 

### owners are among those who can least afford any 6 

### increases in their electricity bill. 7 

### EPA -- excuse me. NRECA questions EPA's 8 

### assertion that the emissions trading provisions 9 

### will provide sufficient flexibility to avoid 10 

### premature shutdown of co-op owned coal units. 11 

### Because of their small size and heavy reliance on 12 

### coal, many co-ops will not be able to avail 13 

### themselves of the flexibility in the proposed 14 

### Federal Plan such as the option to run lower 15 

### emitting natural gas generation instead of coal. 16

### EPA also points out that utilities have 17 

### the flexibility to buy emissions allowances or 18 

### credits under an emissions trading program. 19 

### While we may question whether this will work 20 

### effectively, there is no question that the price 21 

### of buying allowances or credits will increase the 22332

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### cost of electricity. 1 

### NRECA seriously questions the view that 2 

### the emissions trading market will ensure 3 

### protection of reliability and that a dynamic 4 

### reliability safety valve like the one put forward 5 

### by NRECA is not needed. We don't believe the 6 

### market would deliver enough emission-free 7 

### electric generation to compensate for an 8 

### unexpected electricity shortage should a large 9 

### nuclear power plant, for example, suddenly go 10 

### offline for an extended period of time. We 11 

### strongly urge EPA to reconsider adding a dynamic 12 

### reliability safety valve. 13

### Electric co-ops are at the forefront in 14 

### the development of renewable energy such as 15 

### community solar. Co-ops also have a long history 16 

### of involvement in end-user energy efficiency 17 

### programs. And co-op's carbon dioxide emissions 18 

### are decreasing as they deploy more renewable 19 

### energy and shift to lower emitting generation as 20 

### their coal plants reach the end of their 21 

### remaining useful lives and their remaining debt 22333

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### is paid off. 1 

### But the simple fact is that the Clean 2 

### Power Plan and proposed Federal Plan don't give 3 

### co-ops enough time to manage the transition to 4 

### lower carbon dioxide emissions while continuing 5 

### to provide affordable, reliable electricity to 6 

### their consumer owners. 7 

### And I greatly appreciate the opportunity 8 

### to make this statement today; and that concludes 9 

### my remarks. 10

### MS. DUNHAM: Thank you very much. I 11 

### appreciate it. 12

### MR. NOVAK: Five minutes? 13

### MS. DUNHAM: That was perfect. 14

### MR. NOVAK: Thank you. 15

### MS. DUNHAM: Thank you. Okay. Is 16 

### Juanita Constible here? 17


### MS. CONSTIBLE: Yes. 18

### MS. DUNHAM: I invite you to come to the 19


### table. 20

### MS. CONSTIBLE: Does it matter? 21


### MS. DUNHAM: It does not matter. 22334

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### Whenever you're ready. 1 

### MS. CONSTIBLE: Thank you. My name is 2 

### Juanita Constible, J-U-A-N-I-T-A, 3 

### C-O-N-S-T-I-B-L-E, and I really appreciate the 4 

### opportunity to be here today. 5 

### I've been working on climate change for 6 

### almost a decade now. And the other night I was 7 

### home reading yet another study talking about the 8 

### impacts of climate change to human health, and my 9 

### husband kind of peered over my shoulder and shook 10 

### his head and said, aren't you sick of this by 11 

### now; wouldn't you rather work on something more 12 

### fun like butterflies? And he was joking, of 13 

### course, but it would be nice to not have to deal 14 

### with this. And we don't have that luxury. 15 

### Pretending that climate change isn't happening 16 

### would be like leaving our doors open in a high17 

### crime area and just walking away and assuming 18


### that we'll be safe. 19


### So that's not safe. That doesn't make 20 

### sense, and that's why I really applaud your work 21 

### to protect Americans and all of us from the 22335

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### harmful effects of carbon pollution. 1 

### It's important, however, that as you 2 

### finalize the Clean Power Plan that you do it in a 3 

### way that ensures -- ensure that all states meet 4 

### their pollution reduction targets and maximize 5 

### health benefits. So the Federal Plan and the 6 

### Model Trading Rule should really create a 7 

### framework that boosts new renewable energy and 8 

### energy efficiency and minimizes new natural gas 9 

### plants. 10

### As part of that, states -- EPA should 11 

### clarify how states can show that their preferred 12 

### approach to the Clean Power Plan will achieve the 13 

### necessary cuts in carbon pollution. 14

### I also urge EPA to help states figure out 15 

### how they can unlock the full potential of energy 16 

### efficiency. So, for example, there is a huge 17 

### carbon reduction opportunity in low income 18 

### multifamily housing where investment in energy 19 

### efficiency has historically been low. With the 20 

### help of sufficient and appropriate guidance, 21 

### states can use that existing technology to reduce 22336

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### pollution in a cost effective way while also 1 

### reducing energy costs for families. 2 

### So my remarks are extremely short. I 3 

### just want to applaud your work, urge you to stay 4 

### strong as you're finalizing the plan, and thank 5 

### you for efforts to protect all of us. Thanks. 6 

### MS. DUNHAM: Thank you very much. 7 

### Okay. I think we'll wait for a little 8 

### bit until we get more people. 9 

### Julie, would you like to testify? 10

### (Pause.) 11

### Okay. Thank you. We will officially 12 

### adjourn for the afternoon and reconvene at 6:00 13 

### p.m. this evening. Thank you. 14

### (Brief recess.) 15

16

17

18

19

20

21

22337

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### E V E N I N G S E S S I O N 1 

### MR. CULLIGAN: Good evening. My name is 2 

### Kevin Culligan, and I'm the Chair of this 3 

### evening's session. 4 

### Joining me are Jessica Gordon and Dan 5


### Schramm. 6 

### And let me go through this: Fossil fuel 7 

### fire power plants are the largest source of U.S. 8 

### carbon dioxide emissions, accounting for 31 9 

### percent of total U.S. total greenhouse gas 10 

### emissions. Reducing carbon pollution from power 11 

### plants is an essential step in lessening the 12 

### impacts of climate change and providing a more 13 

### certain future for our environment, our health, 14 

### and future generations. 15

### We are here today to listen to your 16 

### comments on the EPA's Proposed Federal Plan and 17 

### Model Rules to implement the Clean Power Plan for 18 

### existing power plants. 19

### On October 23rd, 2015, the Environmental 20 

### Protection Agency published in the Federal 21 

### Register its proposed Federal Plan to implement 22338

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### emission guidelines for power plants under 1 

### Section 111(d) of the Clean Air Act. The EPA's 2 

### 111(d) rule known as the Clean Power Plan takes 3 

### effect on December 22nd, 2015 -- 2015, and 4 

### applies to affected power plants that began 5 

### construction on or before January 8th, 2014. 6


### The Federal Plan and Model Rule 7 

### demonstrates a readily available path forward for 8 

### Clean Power Plan implementation and present 9 

### flexible, affordable implement all options for 10 

### states. The Model Rules provide a cost effective 11 

### pathway to adopt a trading system supported by 12 

### EPA and makes it easy for states and power plants 13 

### to use emissions trading. It does the heavy 14 

### lifting for states who may choose to use a Model 15 

### Rule as their state plan. The EPA would 16 

### implement the Federal Plan in any state that does 17 

### not submit an approvable plan. 18

### This proposal includes four discreet 19 

### proposed actions: A rate-based federal plan for 20 

### each state with affected EGUs; a mass-based 21 

### federal plan for each state with affected EGUs; a 22339

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### rate-based model trading rule for potential use 1 

### by any state; and a mass-based model trading rule 2 

### for potential use by any state. 3 

### The Proposed Federal Plans will achieve 4 

### the same level of emission performance as 5 

### required of states under the Clean Power Plan. 6 

### Federal plans will be finalized only for those 7 

### states with affected EGUs that the EPA determines 8 

### have failed to submit an approvable 111(d) State 9 

### Plan by the relevant deadlines set forth in the 10 

### Emission Guidelines. 11

### In those states where a federal plan may 12 

### be required, a final federal plan will implement 13 

### the same emission guidelines for affected power 14 

### plants outlined in the Clean Power Plan. It 15 

### would not require additional control requirements 16 

### or impose additional costs. 17

### Even when a federal plan is put in place 18 

### for a particular state, that state will still be 19 

### able to submit a plan which, if approved, will 20 

### allow the state and its sources to exit the 21 

### federal plan. States may take delegation of 22340

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### administrative aspects of the federal plan in 1 

### order to become the primary implementer or submit 2 

### partial state plans in order to take over the 3 

### implementation of a portion of a federal plan. 4 

### States operating under a federal plan may 5 

### adopt complementary measures outside of the plan 6 

### to facilitate compliance and lower costs to the 7 

### benefit of power generators and consumers. 8 

### This proposal also includes as a Model 9 

### Rule for those states that are developing their 10 

### own state plans. The EPA intends to finalize 11 

### both the rate-based and mass-based model trading 12 

### rules in the summer of 2016. A state program 13 

### that adheres to the model trading rule provisions 14 

### specified in this rulemaking, when final, would 15 

### be presumptively approvable. 16

### There are standalone portions of the 17 

### model trading rule such as the evaluation, 18 

### measurement, and verification procedures for 19 

### emission reduction credits, ERCs, that would be 20 

### approvable even if a state adopted an approach 21 

### that differs in other respects from the Model 22341

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### Rule. 1 

### In addition, the proposal contains a 2 

### finding that it is necessary or appropriate to 3 

### implement a Section 111(d) federal plan for 4 

### affected EGUs located in Indian Country. CO2 5 

### emission performance rates for these facilities 6 

### were finalized in the Clean Power Plan. 7 

### Information on how the EPA will reach out 8 

### to communities throughout the comment period and 9 

### an overview of the action that the EPA is taking 10


### to ensure that the vulnerable -- that vulnerable 11 

### communities are not being disproportionately 12 

### impacted by this rulemaking. 13

### If you would like more details on the 14 

### proposed rule, there are fact sheets available at 15 

### the registration desk. 16

### Before we get started, I'd like to go 17 

### through a few housekeeping items and ground rules 18 

### that will make today's hearing run smoothly. 19

### First, please be sure you have checked in 20 

### at the registration desk even if you are not 21 

### planning to speak today. And if you signed up to 22342

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### speak online or by phone but haven't told us yet 1 

### that you're here, please step out to the 2 

### registration desk and let the EPA staff know that 3 

### you have arrived. 4 

### I will call speakers up in pairs. When 5 

### your name is called, please come to the speakers' 6


### table at the front of the room. When I call on 7 

### you to speak, please state your name and spell it 8 

### for the court reporter. Your comments will be 9 

### transcribed and included in the record of 10 

### comments on the proposed rule. 11

### Each speaker will have five minutes to 12 

### give comments. We have a timer light that will 13 

### help you know how much time you have left to 14 

### speak. When the light turns from green to 15 

### yellow, that means you have one minute remaining. 16 

### When it turns red, that's a signal that you're at 17 

### five minutes, and it is time to stop. 18

### When you are finished speaking, please 19 

### remain at the table until the person next to you 20 

### has also completed his or her testimony. 21

### We are here to listen to you today, 22343

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

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

### next pair of speakers and so on. 3 

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

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

### the registration desk before you leave today. 6 

### We will put any -- I presume written 7 

### comments -- written comments submitted today in 8 

### the official docket for the proposed rule. We 9 

### also have comment cards available at the 10 

### registration desk if you would like to submit 11 

### additional written comments today. 12

### If you want to comment in writing later, 13 

### stop by the materials table near the registration 14 

### desk and pick up a copy of the instructions for 15 

### submitting written comments. Comments must be 16 

### received by January 21st, 2016. 17

### Let me assure you the EPA gives as much 18 

### consideration to comments that we receive in 19 

### writing as we do to comments that we receive at 20 

### public hearings like this one. So if you have 21 

### more comments you would like to provide the EPA, 22344

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### please submit them by -- please submit them by 1 

### the comment period deadline. Your comments will 2 

### be reviewed. 3 

### If you have any questions during the day, 4 

### please see the staff at the registration desk, 5 

### and someone will assist you. 6 

### Thanks again for taking the time today to 7 

### share your comments on the EPA's proposal. And 8 

### with that we will get started. 9 

### So our first two speakers, we've got 10 

### Robert Bingaman and Natalie Pier [sic], who I 11 

### think was going to speak at 7:15, but it sounds 12 

### like you're here now and -- and would be happy to 13 

### speak. So if the two of you could come up. 14

### MR. BINGAMAN: Do you want to go first? 15

### MS. PIEN: Okay. 16

### MR. CULLIGAN: All right. So it sounds 17 

### like you guys have agreed Natalie will go first. 18

### MS. PIEN: Okay. My name is Natalie 19 

### Pien, N-A-T-A-L-I-E; Pien, P-I-E-N. And I live 20 

### in Leesburg, Virginia. 21

### Thank you for the opportunity to share my 22345

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### thoughts about the Clean Power Plan which I 1 

### strongly support. The Clean Power Plan is the 2 

### first nationwide step to address climate change. 3 

### Because climate change affects me personally in 4 

### several ways, I urge you to resist efforts to 5 

### delay or weaken the plan. 6 

### On a personal level I have loved ones 7 

### that live in the Hampton Roads area. As you 8 

### know, it is the second most vulnerable area to 9 

### sea level rise. Next, in 2012 the Virginia coast 10 

### was spared the wrath of Super Storm Sandy but 11 

### luck cannot be dependent upon to safeguard my 12 

### younger daughter and her grandparents. A strong 13 

### Clean Power Plan can help protect them. 14

### Okay. These are my children. This is 15 

### the younger one who's now in Norfolk. 16

### On a spiritual level, climate change is 17 

### in direct with my belief system. You see, I'm a 18 

### Unitarian Universalist and I am guided by UU's 19 

### seven principles. Climate change violates two 20 

### principles, the second and the -- second and the 21 

### seventh principle. 22346

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### The second principle affirms and promotes 1 

### justice, equity and compassion in human 2 

### relations. The poor in our country and across 3 

### the globe are disproportionately affected by 4 

### extreme weather that now occur at greater 5 

### frequency due to climate change. 6 

### Those most greatly impacted by climate 7 

### change have contributed the least to it. Climate 8 

### change promotes injustice and inequity. 9 

### The Unitarian seventh principle respects 10 

### the interdependent web of all existence of which 11 

### we are a part. The World Wildlife Fund reports 12 

### that human induced global warming has already 13 

### caused the extinction of two species of frogs in 14 

### Costa Rica. In addition, irreversible changes to 15 

### ecosystems are occurring. Coral reef leaching is 16 

### just one example. Climate change disrupts the 17 

### interdependent web of life. 18

### Not only is climate change a challenge to 19 

### my spirituality, it is also a challenge to my 20 

### morality. Climate change is a moral issue that 21 

### the Pope Francis that has so eloquently described 22347

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### so many times in so many different ways. 1 

### While targeting the causes of climate 2 

### change in a technical manner, the Clean Power 3 

### Plan also addresses the moral issue. 4 

### Okay. This is a picture of my church, 5 

### the Unitarian Universal Church of Loudoun. It's 6 

### a historic structure built by freed slaves from 7 

### the Owens Plantation in Leesburg, Virginia. And 8 

### out front you can see prayer flags that were 9 

### created by children at a festival in Leesburg, 10 

### and we hung them after the Pope's visit. 11

### On a professional level climate change 12 

### undoes my careers as a former environmental 13 

### planner and a current public school teacher. 14 

### Like all teachers I am preparing my students to 15 

### realize their dreams and become productive 16 

### citizens. That won't matter if today's students 17 

### struggle to survive in a world made unlivable by 18 

### climate change. 19

### Okay. This is my Ecology Club. We're 20 

### planting a rain garden on our school grounds to 21 

### try to improve the water quality of the runoff 22348

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### from our school. 1 

### Here are students releasing trout 2 

### fingerlings that were raised from eggs to 3 

### fingerlings for about six months at the school 4 

### and released into a natural trout stream. 5 

### Our world is not doomed to being hostile 6 

### to life on earth. Today we have the technology 7 

### to meet our energy and power needs in a safe and 8 

### sustainable way through the development of 9 

### renewables -- solar, wind, water, and geothermal. 10 

### Please don't include biomass. 11

### The Solutions Project, based on research 12 

### by Stanford University Professor Mark Jacobson, 13 

### shows how each state in the nation can transition 14 

### to 100 percent renewable energy. In addition to 15 

### eliminating greenhouse gas emissions, additional 16 

### benefits are reaped, including long-term job 17 

### creation, avoided mortality and illness costs, 18 

### plus energy and climate cost savings for every 19 

### citizen. 20

### Here is a visual summary of the Virginia 21 

### analysis. 22349

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### In addition Public Citizen just released, 1 

### on November 16th, its Clean Power Clear Savings 2 

### Report which demonstrates that the EPA power plan 3 

### can cut electricity bills in every state. 4 

### The Clean Power Plan pushes our country 5 

### towards a more rapid transition from the planet 6 

### destroying fossil-fuel-based economy to a 7 

### sustainable renewable resource-based economy. 8 

### The plan must be implemented without delay. The 9 

### window to avoid runaway climate global warming 10 

### and unmitigated climate change is rapidly closing 11 

### at a rate quicker than previously thought. 12

### Climate change is real. The effects are 13 

### observed worldwide. A global climate change 14 

### treaty is desperately needed. The Paris Climate 15 

### Talks are just around the corner. The U.S. needs 16 

### a strong leader -- needs to show strong 17 

### leadership and credibility in Paris. The Clean 18 

### Power Plan does just that. Thank you. 19

### MR. CULLIGAN: Thank you. And thanks for 20 

### taking the time to drive all the way out here to 21 

### comment in person. 22350

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### And, Robert Bingaman? 1 

### MR. BINGAMAN: Hi, my name's Robert 2 

### Bingaman. That's B-I-N-G-A-M-A-N. I live in 3 

### Takoma Park, and I am the National Organizing 4 

### Director for the Sierra Club. 5 

### I'm sure you've heard a lot of statistics 6 

### today, and I'm going to spare you those. I think 7 

### I want to start by telling the story about why I 8 

### work at the Sierra Club and the path that led me 9 

### here tonight. 10

### Twenty some years ago when I got offered 11 

### the job at the Sierra Club, myself and my partner 12 

### Marybeth and I did what many couples do faced 13 

### with that kind of decision is we put together the 14 

### pluses and deltas list of taking the job. And 15


### over the course of the weekend we had several 16 

### conversations about whether or not I should take 17 

### this job. And one of those conversations took 18 

### place on a Sunday afternoon as we were driving 19 

### somewhere with our two kids in the back seat of 20



### our car. 21

### My oldest son Timothy was 9 years old at 22351

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### the time. And as Marybeth and I were talking 1 

### through the pluses and deltas, this little voice 2 

### came from the back seat of the car. He said, 3 

### okay, Dad, stop. He said, tell me what the 4 

### Sierra Club is. And I tried to describe how 5 

### Sierra Club engages people to take action to 6 

### protect the environment and protect their 7 

### communities. 8 

### He asked me what the job entailed. Or he 9 

### said, what do they want you to do was the 10 

### question he asked me. So I tried to describe to 11 

### him the job. 12

### And at that point there was silence in 13 

### the back seat. I was driving, and I looked in 14 

### the rearview mirror, and I could see little 15 

### wheels turning in a 9-year-old's head. And I 16 

### said, Timothy, what are you thinking. 17

### Timothy said, Dad, you have no choice. 18 

### You have to take this job. I want to raise my 19 

### kids on a healthy -- in a healthy planet. 20

### That's what motivates me in this work, 21 

### and that's why I'm such a strong supporter of the 22352

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### Clean Power Plan. 1 

### The Clean Power Plan will help ensure 2 

### safe and healthy communities for children like 3 

### Timothy who is no longer 9 years old but 22 years 4 

### later is 31 years old. 5 

### There's three points that I just want to 6 

### make really briefly. Again, I want to restate 7 

### that I'm here to strongly support aggressive 8 

### implementation of a strong and just Clean Power 9 

### Plan. And as my job at the Sierra Club has taken 10 

### me, it's been my pleasure to help give voice and 11 

### have people raise their voice in support of the 12 

### Clean Power Plan. I think every single poll you 13 

### look at -- Republican, Democrat, and across the 14 

### board -- supports the federal government taking 15 

### strong action to curb carbon pollution. 16

### The Clean Power Plan is important to me 17 

### because it does protect communities. It will 18 

### protect the lives and health of our citizens. 19

### It -- it also ensures that impacted 20 

### community members are engaged in the planning 21 

### process and the decisions about how this gets 22353

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### implemented, and I really hope the states do take 1 

### seriously their obligation to plan in the state. 2 

### It also ensures a just transition for the 3 

### workers in those communities that will be 4 

### displaced as coal plants come offline, and it 5 

### will lead us to a clean energy future and 6 

### diminish the damage of carbon pollution. 7 

### Second point I want to make about the 8 

### Federal Implementation Plan I already stated 9 

### while I hope states will take bold action to 10 

### implement the Clean Power Plan, cut pollution, 11 

### create green jobs, and move us towards a clean 12 

### energy economy, I'm not naïve enough to think 13 

### that all states will. So I really want to urge 14 

### the EPA to be fearless in ensuring strong plans 15 

### get implemented in every state. I hope that you 16 

### are fearless in using your federal authority in 17 

### states that are refusing to act. 18

### Finally, I want to thank the 19 

### Environmental Protection Agency and the President 20 

### of the United States for promulgating the Clean 21 

### Power Plan which, again, protects our 22354

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### communities, families, and children like Timothy. 1 

### Just, finally, I want to restate one -- 2 

### on last time my strong support for a just and 3 

### strong Clean Power Plan and the implementation. 4 

### Thank you very much. 5 

### MR. CULLIGAN: Thank you. Thank both of 6 

### you for your comments. 7 

### All right. It looks like we have two 8 

### more speakers. We've got Emmanuel Newman and 9


### Arthur Barkman. 10

### So, unless you guys object, Emmanuel 11 

### first. 12


### MR. NEWMAN: Emmanuel. 13


### MR. CULLIGAN: Emmanuel. 14

### MR. NEWMAN: Good evening. My name is 15 

### Emmanuel Newman, E-M-M-A-N-U-E-L; last name 16 

### N-E-W-M-A-N. And I am a legal intern at We Act 17 

### for Environmental Justice in the D.C. office. We 18 

### Act for Environmental Justice is a New York 19 

### community-based organization whose mission is to 20 

### build healthy communities by assuring that people 21 

### of color as well as low income communities 22355

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### participate meaningfully in the creation of sound 1 

### and fair environmental health and environmental 2 

### protection policies and practices. 3 

### Over the last 27 years We Act for 4 

### Environmental Justice has worked tirelessly to 5 

### empower, educate, and engage our communities in 6 

### policy advocacy at the local, state, and federal 7 

### levels. On behalf of the entire environmental 8 

### justice community I want to thank you for this 9 

### opportunity to be part of the brainstorming 10 

### process and, hopefully, our suggestions and 11 

### recommendations go a long way to help shape 12 

### greater environmental policies for the well 13 

### being of all mankind. 14

### We support the Clean Power Plan for all 15 

### the protections it affords, but there are a few 16 

### concerns that we would like to address, but for 17 

### the sake of time I will just limit myself to two 18


### of those concerns. 19

### First one is the set asides, and the 20 

### second one is the ready to receive. This first 21 

### -- I'll first address set asides. We Act 22356

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### recommends a clear roadmap as to how the set 1 

### asides will be managed. Definitions and criteria 2 

### for these set asides should be done in concert 3 

### with low carbon state environmental justice 4 

### organizations. Yes, a portion of this set aside 5 

### should be targeted to renewable energy projects 6 

### that benefit low income communities. 7 

### How should a low income community be 8 

### defined for set asides for the Clean Energy 9 

### Incentive Program? The definition of low income 10 

### would be state or region specific. The existing 11 

### definitions of eligibility crafted by federal 12 

### agencies to implement different programs, 13 

### particularly housing, community development, and 14 

### weatherizations across the country. Definitions 15 

### should not conflict with the ones used by 16 

### existing federal programs and should be carefully 17 

### crafted to ensure that both urban and community 18 

### -- and rural communities can benefit from the 19


### program. 20

### For example, some already defined 21 

### populations that might fit into the definition of 22357

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### low income are, one, stakeholders that already 1 

### receive supplemental security income or Aid to 2 

### Families and Dependent Children, children and 3 

### families that have been diagnosed with severe 4 

### respiratory concerns, children and families that 5 

### reside in multifamily units or public housing as 6 

### well as children and families living in rural 7 

### areas that experience high energy costs or low 8 

### energy reliability, or any other criteria that 9 

### the state in collaboration with environmental 10 

### justice organizations within their state see as 11 

### reasonable -- as reasonable criteria. All these 12 

### populations fit into the definition of low 13 

### income. 14

### How much of these set asides should be 15 

### designated and targeted at overburdened 16 

### communities? And we are to believe that that 17 

### percentage should be determined by the percentage 18 

### of people that are defined as overly burdened by 19 

### the environmental justice analysis. 20

### Also, states should be required to 21 

### participate in the Clean Energy Incentive Program 22358

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### as a condition of approval of a state plan or a 1 

### state allocation within the Federal 2 

### Implementation Plan. 3 

### The second thing I want to talk about is 4 

### the ready to receive. And we are -- we suggest 5 

### that the ready to receive funds can be used to 6 

### make homes ready to receive. Oftentimes 7 

### weatherization and energy efficient measures 8 

### cannot be implemented or cannot be completed on 9 

### the homes of low income energy users because 10 

### there are health and concerns in the homes. 11

### So what we believe is that the -- these 12 

### funds that would be given to the -- to the 13 

### clients can be -- can be used to help them bring 14 

### their homes to the level of ready to receive so 15 

### they can receive because they do not have the 16 

### financial means to bring their homes to the level 17 

### of ready to receive, so their homes are not ready 18 

### to receive. 19

### We have -- we believe that if we're able 20 

### to use that, it would help lower income 21 

### communities to be able to prepare themselves for 22359

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### the ready to receive. 1 

### I have a few more points, but I know my 2 

### time is up, so I would thank you very much. 3 

### MR. CULLIGAN: So it sounds like you'll 4 

### be either leaving those comments or submitting 5 

### more detailed written comments with -- with 6 

### additional points? 7 

### MR. NEWMAN: Yes, yes, we have written 8 

### comments that my boss, Dr. Jalonne White-Newsome, 9 

### has forwarded. And the other colleagues of mine 10 

### who will be here to -- to give other points that 11 

### we -- we want to get addressed. 12

### MR. CULLIGAN: Great. And you mentioned 13 

### specifically on the definition of low income 14 

### community giving states a fair amount of -- of 15 

### flexibility in how they define it? 16

### MR. NEWMAN: I'm sorry? 17

### MR. CULLIGAN: Are you giving the states 18 

### some latitude in how they define low income? 19

### MR. NEWMAN: Yes, because -- because 20 

### depending on which state in which they are and 21 

### the cost of living and the standard of living, 22360

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### low income in one area may not be low income in 1 

### another area and vice versa. So we think it 2 

### should be -- it should be states -- locally 3 

### specific. 4 

### MR. CULLIGAN: Do your -- will the 5 

### comments go into any more depth on sort of -- 6 

### MR. NEWMAN: Absolutely. 7 

### MR. CULLIGAN: -- you know, are there -- 8 

### are there like criteria or minimum guidelines or 9



### -- or -- 10

### MR. NEWMAN: Yes, like I mentioned, I 11 

### mentioned these four -- these four points that 12 

### have -- have already been used to define low 13 

### income by federal agencies. So, these -- these 14 

### four are some of the definitions of low income 15 

### that federal agencies have used, and we want -- 16 

### we want to continue with those definitions of low 17 

### income. 18

### MR. CULLIGAN: Great. Thank you. 19

### MR. SCHRAMM: Yes, I had -- I had a 20 

### question. Thanks. 21

### You were using a term ready -- the 22361

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### households being ready -- ready to receive? 1


### MR. NEWMAN: Correct. 2 

### MR. SCHRAMM: Is that -- could you 3 

### explain what that term means? 4 

### MR. NEWMAN: Ready to receive for 5 

### localities -- what -- what happens is for them to 6 

### be able to benefit from energy efficient 7 

### programs, their homes have to meet certain 8 

### minimum standards. Maybe roof not leaking or 9 

### sewage leakage and so for them to be able to get 10 

### access to those funds, they have to bring their 11 

### homes to a certain minimum level. And because of 12 

### the fact that they are low income, they are 13 

### unable to afford to make those changes to bring 14 

### their homes to the minimum standard of ready to 15 

### receive. 16

### So, what we are asking for is to help 17 

### with financing them to be able to make -- use 18 

### some of the funds to support those low income 19 

### groups or low income communities to bring their 20 

### homes up to ready to receive standards. 21

### MR. SCHRAMM: Okay. 22362

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### MR. CULLIGAN: Thank you. 1 

### MR. NEWMAN: Thank you very much. 2 

### MR. CULLIGAN: And, Arthur? 3 

### MR. BARKMAN: Yes. Good evening. My 4 

### name is Arthur Barkman I am a member of the 5 

### Washington, D.C., Sierra Club, a resident of the 6 

### District of Columbia, and a recent graduate of 7 

### the George Washington University. I am here 8 

### today to speak in support of the Environmental 9 

### Protection Agency's Clean Power Plan and comment 10 

### on the recently proposed Federal Implementation 11


### Plan. 12

### In August of this year President Obama 13 

### and the EPA finalized the Clean Power Plan, 14 

### creating historic safeguards to protect our air, 15 

### our water, our climate, and the health of our 16 

### communities. 17

### The Clean Power -- the Clean Air Act 18 

### directs the EPA to set national air standards 19 

### which include the standards for carbon pollution 20 

### from fossil fuel power plants. The Clean Power 21 

### Plan achieves this by providing state governments 22363

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### the opportunity to take the first steps toward 1 

### developing and implementing emission standards to 2 

### limit carbon pollution in their states and to do 3 

### so with a plan tailored to local conditions. 4 

### Fossil fuel power plants are one of the 5 

### largest sources of greenhouse gases and a major 6 

### contributor to climate change. It is estimated 7 

### that carbon emissions from power plants represent 8 

### 40 percent of the total CO2 emissions in the 9 

### United States. 10

### In addition to carbon the plants also 11 

### emit conventional and toxic air pollutants into 12 

### the atmosphere. While studying developmental and 13 

### environmental economics at GW, I learned that no 14 

### one is more affected by climate change and carbon 15 

### emissions than poor and low income families both 16 

### in the United States and around the world. 17

### The emissions mentioned above directly 18 

### contribute to respiratory and heart diseases but 19 

### also indirectly when climate change increases the 20 

### range of ticks and mosquitoes which spread 21 

### illnesses such as Lyme Disease and West Nile 22364

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### Virus. The poor are less able to deal with these 1 

### illnesses given their limited resources and 2 

### access to medical attention. 3 

### The extreme weather events, sea level 4 

### rise, and hotter, more drought prone climate are 5 

### also detrimental for low income families as they 6 

### lack resources to either adapt or relocate to 7 

### avoid the significant changes that are taking 8 

### place. 9 

### They may also be more adversely affected 10 

### by crop failures and property loss due to 11 

### drought, flooding, and other climate events due 12 

### to a lack of insurance. 13

### By regulating fossil fuel power plants, 14 

### the Clean Power Plan will lead to significant 15 

### climate and public health benefits for all. The 16 

### EPA has estimated by 2030 the Clean Power Plan 17 

### will prevent up to 150,000 asthma attacks and 18 

### 33,000 -- excuse me, 3,300 heart attacks 19 

### annually. In addition, the Clean Power Plan 20 

### provides a number of opportunities for economic 21 

### growth and sustainable development. The 22365

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### investments in clean renewable energy will create 1 

### jobs and fuel economic growth in our country. It 2 

### is estimated that the plan will deliver annual 3 

### benefits of $93 billion by 2030. 4 

### The Clean Power Plan will create a 5 

### cleaner environment for our families and help to 6 

### address climate change and improve the situation 7 

### of the poor and low income families most affected 8 

### by climate change. It will modernize how we 9 

### power our country and economy, encourage 10 

### innovation, and create thousands of new jobs and 11 

### billions of dollars in investments. 12

### I urge the Obama administration and the 13 

### EPA to continue their work in ensuring the health 14 

### and well being of Americans and the environment. 15 

### Thank you. 16

### MR. CULLIGAN: Thank you. I thank both 17 

### of your. 18

### MR. NEWMAN: Thank you. 19

### MR. CULLIGAN: All right. And our next 20 

### two speakers are Shantha Ready Alonso and Phillip 21 

### Collins. 22366

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### Would you like to go first, Shantha? 1 

### MS. ALONSO: Sure. So, I'm Shantha Ready 2 

### Alonso. First name S-H-A-N as in Nancy-T-H-A; 3 

### Ready like the word; Alonso, A-L-O-N-S-O. And 4 

### I'm with Creation Justice Ministries. So, I'm 5 

### the Executive Director of Creation Justice 6 

### Ministries. We bring together 38 Christian 7 

### denominations on Care for Creation issues. And 8 

### almost all of our denominations at some point in 9 

### their life have made statements about Care for 10 

### Creation or specifically the moral mandates to 11 

### abate climate change. 12

### So, we believe the Clean Power Plan is an 13 

### important tool to let out the ideals that are 14 

### reflected in those faith statements that our 15 

### member denominations have made. And all along 16 

### the way in the crafting of the Clean Power Plan 17 

### our membership has been very active in the 18 

### stakeholder meetings and testifying at things 19 

### like this to make sure that the Clean Power Plan 20 

### continues to reflect our values. 21

### So, these statements will be somewhat at 22367

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### the 50-foot level but they are values that we 1 

### want to make sure continue to be in this Federal 2 

### Implementation Plan that you're working on. 3 

### So the four main ones that we want to see 4 

### are stewardship, sustainability, sufficiency, and 5 

### justice. 6 

### For stewardship we're coming at it from 7 

### an understanding that creation belongs to God and 8 

### not us. We're stewards and not owners, and, 9 

### therefore, we have a responsibility to be 10 

### caretakers of all creatures, the climate, our 11 

### air, our water, and our entire natural world. 12

### So we ask you to take this opportunity to 13 

### preserve and protect creation for future 14 

### generations and, therefore, we ask you to steward 15 

### the resources available to us in a responsible 16 

### and safe manner. Please minimize the harmful 17 

### impacts of energy development on land, air, and 18


### water. 19

### Whenever possible we ask that the Federal 20 

### Implementation Plan encourage renewable energy 21 

### systems that renew and replenish the earth and 22368

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### all that's in it. We ask that you follow the 1 

### recommendations of the best available science to 2 

### abate climate change, reduce greenhouse gases, 3 

### and stabilize our global temperatures. Those are 4 

### our stewardship requests. 5 

### Second is sustainability. Our faith 6 

### calls us to ensure that the systems that we 7 

### create today will serve the generations that are 8 

### coming tomorrow. So we would like you to plan 9 

### now that the efforts to reduce carbon emissions 10 

### empower further initiatives in the future to 11 

### improve our air and mitigate the effects of 12 

### climate change. 13

### We ask you to foster sustainable energy 14 

### use by individuals, organizations, corporations, 15 

### and communities, invest in modernizing our energy 16 

### infrastructure to create a reliable and efficient 17 

### grid that will stand the test of time, and 18 

### support policies that incentivize forward 19 

### thinking innovations to create sustainable 20 

### technologies that are clean and renewable. 21

### Third, sufficiency. Our Christian faith 22369

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### calls us to gratitude for what God has given us 1 

### and calls us away from the idolatry of Mammon, 2 

### the false god of greed. Following God and non 3 

### Mammon means that we have to shift how we use and 4 

### share, both as individuals and as states, God's 5 

### gifts of energy and air. We cannot achieve 6 

### significant reductions in emissions without a 7 

### change in our lifestyle and fossil fuel 8 

### consumption or else we're deluding ourselves if 9 

### we think we can keep consuming at the rate that 10


### we have been. 11

### So we ask you to encourage conservation 12 

### both in our homes, communities, and businesses as 13 

### well as for utility companies to find ways to 14 

### conserve energy in the production and 15 

### distribution of power. Part of this could be 16 

### done from technology. Part of it is just about 17 

### using less. 18

### Last and most important to us is justice 19 

### and equity. As Christians we believe that all 20 

### people are children of God who deserve to 21 

### equitably share in God's abundant gifts, yet the 22370

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### burden of climate change, air pollution, and 1 

### energy inequity falls disproportionately on 2 

### people living in poverty, communities of color, 3 

### and our children. 4 

### It is immoral to build our energy 5 

### infrastructure on the agony and death of our 6 

### neighbors, and Christian communities will not 7 

### remain silent as energy infrastructure continues 8 

### to cause us to lose lives and create injustice. 9 

### So we ask that the Federal Implementation Plan 10 

### eliminate disproportionate health impacts from 11 

### pollution on marginalized communities, include 12 

### mechanisms to ensure worker justice. 13

### We want to see just transitions from the 14 

### carbon intensive industries to clean energy and 15 

### jobs. We want to ensure utility companies don't 16 

### unduly transfer costs of upgrading to cleaner 17 

### energy sources to consumers to include provisions 18 

### for low income households; and we'd like to make 19 

### sure that vulnerable communities have access to 20 

### persevering and responding to disasters. That 21 

### has to be in the plan. It can't be an 22371

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### afterthought. And the churches usually end up 1 

### cleaning up those messes. 2 

### So I'll close with a quote from one 3 

### of the signers of one of the most recent 4 

### Christian statements that came out on climate 5 

### change that specifically pertain to the Clean 6 

### Power Plan. It was released by black church 7 

### climate change leaders. And one of the signers 8 

### of that statement was Bishop Carroll Baltimore. 9 

### And he gave a testimony about why this personally 10 

### matters to him. African Americans are 11 

### significantly more susceptible to asthma. 12

### He said, I have asthma. My father has 13 

### asthma. My son has asthma. My grandchildren 14 

### have asthma. We're trying to keep breathing. I 15 

### have this drive inside of me, and now I have this 16 

### adorable little great grandson, and I'm concerned 17 

### about the planet that I'm leaving for him. I 18 

### want a world where he can breathe free, and we're 19 

### all just trying to keep breathing. So let's 20 

### create a world of stewardship sustainability, 21 

### sufficiency, and justice. And then we'll all be 22372

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### able to take in life-giving breath of God, clean 1 

### air, and breathe free. Thank you. 2 

### MR. CULLIGAN: Thank you. And Phillip. 3 

### MR. COLLINS: Hi, my name is Phillip 4 

### Collins, P-H-I-L-L-I-P, C-O-L-L-I-N-S. I'm an 5 

### attorney in Washington, a local attorney. I've 6 

### been in the local Superior Court, for example, 7 

### child abuse cases and other things. And I have 8 

### been in Washington since '85, came -- when I was 9 

### young in high school, I bicycled across the 10 

### United States from L.A. to Portland, Oregon, and 11 

### back to New Jersey where I grew up. 12

### And of course, New Jersey, as you know, 13 

### is a waterfront state. We were pretty low level 14 

### near the water table in tidal areas in New Jersey 15 

### where we had a farm there. So, that was an 16 

### issue. You know, when the water rises, New 17 

### Jersey's going to be one of the states that 18 

### suffers from that if -- I'm talking about the 19 

### climate and Clean Power Plan from a climate 20 

### change and global warming perspective in that -- 21 

### in that respect. 22373

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### And, of course, D.C. is not immune to 1 

### that. We have now, for example, the East Potomac 2 

### Park gets under water from time to time. You 3 

### know, particularly when you have a spring flood 4 

### and then you also have a tide or an extra special 5 

### high tide coming in. And global waters have been 6 

### rising and they could rise again, particularly 7 

### with Greenland and South -- and Antarctica and 8 

### the glaciers around the world have been melting 9 

### particularly -- now, for example, I went on the 10 

### -- as a bicyclist -- when I said I bicycled 11 

### across the country, I also have bicycled to high 12


### school. 13

### I bicycled home from college in New York 14 

### -- Ithaca, New York back to near Philadelphia. I 15 

### bicycle for commuting in the D.C. area and so the 16 

### -- that's -- you know, that's one way to stop 17 

### climate change which you're going to be breathing 18 

### anyway, so you might as well do something with 19 

### while you're -- while you're -- while you're -- 20 

### breathing and get somewhere at the same time. 21 

### And also, it saves a gym membership and things. 22374

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### But in New Jersey I had a relative there 1 

### who was -- dug water wells, and then later he got 2 

### into ground source heat pumps. You put a hole in 3 

### the ground and run water through it, and you can 4 

### heat and cool -- both heat and cool a building 5 

### that way. And, of course, it works better if you 6 

### insulate, but what I'm saying is that the power 7 

### that we're getting from these -- well, sources 8 

### that are not clean could be replaced with cleaner 9 

### sources and still do the job and also not just do 10 

### the -- the job but give people jobs as well so 11 

### that we wouldn't necessarily have to displace 12 

### workers long term. There would be a transition, 13 

### of course; but it's something that I've 14 

### experienced. 15

### Now I haven't had anybody in my family 16 

### with -- that I know of -- with asthma or other 17 

### things, but obviously that's an issue for some 18 

### people. And my grandfather came from Poland 19 

### early 1900's, and he was briefly up in the mines 20 

### in the Scranton area before he came down to 21 

### Philadelphia, so he never got black lung, but, 22375

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### you know, that's another issue, too, with some of 1 

### the mines that are underground. And there's 2 

### other issues with the above mine -- aboveground 3 

### mines, and there's issues with fracking. There's 4 

### issues with getting oil. So, I mean we can avoid 5 

### a lot of these issues if we move to a cleaner -- 6 

### cleaner plan. 7 

### Now obviously we're not talking at -- 8 

### entirely about getting off at this time, although 9 

### we are talking about a transition to getting to a 10 

### cleaner power which may entail getting off of 11 

### fossil fuels entirely at some point both for the 12 

### cleanliness of it in terms of the air that we 13 

### breathe and also in terms of the climate. 14

### And so, I'm trying to do my part at home 15 

### also. And when I've lived alone, for example, 16 

### I've let the temperature get down to as low as 40 17 

### degrees inside. So, having been a Boy Scout with 18 

### a troop that camped in New Jersey throughout the 19 

### winter, I was somewhat used to that also. When I 20 

### visit my grandparents, we -- I stayed up in the 21 

### attic which was unheated, and I got used to that. 22376

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### And people can get used to that type of thing, 1 

### even -- even inside. So I mean, like when you 2 

### wash off, you don't wash your whole body, you 3 

### just wash, like, one arm and then we'll dry it 4


### off and then do the other. There's -- there's 5 

### ways that we could adopt if people wanted to. 6 

### Now I talked to a guy, Bill -- Bill 7 

### McKibben about what people could do in terms of 8 

### that, and he says, well, you'll probably only get 9 

### about 3 or 4 percent of people who would be 10 

### willing to do something like that; but, you know, 11 

### 3 or 4 percent would help, and it would also set 12 

### a -- make it more acceptable perhaps and also put 13 

### a ground -- ground basis of some wisdom or 14 

### knowledge of how to do that if we had ever came 15 

### to the point that we actually ran out of fuel. 16

### Some of these -- the fuels, such as the 17 

### dirty ones, are ones which are actually depleting 18 

### compared to the cleaner ones which don't -- don't 19 

### deplete. I mean, we're going to -- well, I don't 20 

### know when. I don't know who knows when, but some 21 

### day they're going to run out of commercial 22377

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### availability. 1 

### You know, Pennsylvania used to set -- 2 

### when my grandfather was in the coal mines 3 

### briefly, used to set the standard for oil. 4 

### That's where the first coal mines were. And then 5 

### -- then Texas. Well, they're -- you know, 6 

### they're running out of fuels there. And even -- 7 

### even the tar stands, they're supposed to be very 8 

### big, but eventually they're going to run out, so 9 

### we need to do something else there, too, before 10 

### we -- as well as clean up our air. Thanks. 11

### MR. CULLIGAN: Thank both of you for your 12 

### -- for your time. 13

### And it looks like we have one more 14 

### speaker. Jacqueline Gallant. 15

### MS. GALLANT: Hi, so do I spell my name? 16 

### It's J-A-C-Q-U-E-L-I-N-E, Gallant, G-A-L-L-A-N-T. 17

### Hi, my name is Jacqueline Gallant, and 18 

### I'm a D.C. resident. Thank you for this 19 

### opportunity to offer a comment. I'm here today 20 

### to speak in support of the EPA's Clean Power Plan 21 

### and comment on the recently proposed Federal 22378

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### Implementation Plan. 1 

### Like many Americans, I have asthma. And 2 

### like many Americans, I have an inhaler to treat 3 

### that asthma. Recently the plastic chamber that 4 

### connects to the inhaler and disburses the 5 

### medication cracked. So that's this part right 6 

### here (indicating). Given that it was simply a 7 

### tiny piece of plastic, I assumed it would be very 8 

### easy to replace. I was wrong. It's not covered 9 

### by insurance. The plastic chamber, not the 10 

### inhaler, just the plastic chamber costs around 11 

### $40 to replace, and it wasn't covered by 12 

### insurance. Although it was undeniably 13 

### frustrating to pay around $40 for a piece of 14 

### plastic, I was fortunate enough to be able to pay 15 

### for it. This is not the case for everyone. For 16 

### someone living paycheck to paycheck or for a 17 

### single mother struggling to make ends meet, $40 18 

### for a tiny piece of plastic is a serious economic 19 

### burden. And when you have asthma, not purchasing 20 

### an inhaler or a part for your inhaler isn't an 21 

### option. 22379

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### Carbon pollution and climate change, 1 

### among their many consequences, exacerbate asthma 2 

### and other respiratory health problems. Fossil 3 

### fuel fired power plants are a significant source 4 

### of the carbon pollution that drives climate 5 

### change and exacerbates health problems like 6 

### asthma. They pose a particularly significant 7 

### problem for low income communities where many 8 

### fossil fuel fired plants are located. As 9 

### residents often cannot afford to treat the health 10 

### problems they develop from carbon pollution, 11 

### unregulated fossil fuel fired plants don't just 12 

### degrade the environment; they pose a major public 13 

### health crisis and economic burden for communities 14 

### across the United States. 15

### The communities that bear the 16 

### consequences of carbon pollution don't just need 17 

### the Clean Power Plan; they deserve it. If 18 

### properly implemented, the Clean Power Plan is 19 

### predicted to prevent an estimated 150,000 asthma 20 

### attacks and up to 6,600 premature deaths annually 21 

### by 2030. 22380

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### In addition to its many health benefits, 1 

### the Clean Power Plan will contribute to 2 

### sustainable economic growth and help mitigate the 3 

### potentially dangerous impacts of climate change. 4 

### The host of economic and health benefits derived 5 

### from the Clean Power Plan can join at being 6 

### implemented correctly. In order for this to 7 

### occur I urge the EPA to, one, ensure the carbon 8 

### pollution standards in the Model Federal Plan 9 

### achieve the pollution reductions promised in the 10 

### final Clean Power Plan or even further 11 

### reductions. 12

### Two, ensure that states address potential 13 

### carbon pollution from new power plants to achieve 14 

### overall electric sector reductions in carbon 15 

### pollution. 16

### Three, protect low income consumers by 17 

### maximizing utilities' incentives and invest in 18 

### energy efficiency which lowers household energy 19 

### bills. 20

### Four, ensure that the Model Federal Plan 21 

### protects and benefits minority, low income, and 22381

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### indigenous communities that have long borne the 1 

### brunt of fossil fuel pollution and may be most 2 

### likely to experience the impacts of climate 3 

### change. 4 

### And, five, resist give aways of 5 

### allowances to the most polluting sources. 6 

### The choice is simple. Without the Clean 7 

### Power Plan, we're one big step closer to living 8 

### in a destabilized climate that burdens everyone, 9 

### in a climate in which individuals like me will 10 

### struggle with intensified asthma and other health 11 

### problems. With the Clean Power Plan we reduce 12 

### carbon pollution and spur a sustainable growth. 13

### In one scenario Americans, especially 14 

### Americans who are most vulnerable to the effects 15 

### of climate change, disproportionately lose. In 16 

### the other scenario Americans of diverse 17 

### backgrounds reap an array of short and long-term 18 

### benefits. 19

### I strongly urge you to choose the winning 20 

### scenario and support your robust implementation 21 

### of the Clean Power Plan. Thank you. 22382

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### MR. CULLIGAN: Thank you very much. 1 

### Thank you. And our next speaker is Max Broad. 2 

### Go ahead when you're ready. 3 

### MR. BROAD: Great. Thank you. Thanks 4 

### for having me. 5 

### Would you like me to spell -- spell my 6 

### name? Okay. Max Broad. That's M-A-X, 7 

### B-R-O-A-D and its pronunciation. I am -- 8 

### MR. CULLIGAN: I think it might -- might 9 

### be the only one I've gotten right so far. 10

### MR. BROAD: You nailed it. 11

### I am a D.C. resident and a D.C. Sierra 12 

### Club member. And I'm -- I'm here today -- I want 13


### to comment on the Clean Power Plan because I have 14 

### a real interest in seeing this happen. 15

### My -- my appeal for the U.S. taking 16 

### action on climate dates back to travels in 17 

### Mexico, ironically. I was out of the country, 18 

### and I had come across -- I was in Michoacán, 19 

### Mexico, and I had come across this -- you know, 20 

### this land where everybody turned off the lights 21 

### wherever they went, and they all had CFL light 22383

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### bulbs installed, and everybody had a passive1 

### solar water heater tank on top of their rooftop. 2 

### And to me this was a real beacon of -- of energy 3 

### efficiency and conservation that I hadn't seen in 4 

### the United States. 5 

### I mean, imagine going onto a rooftop and 6 

### seeing every rooftop collecting a -- collecting 7 

### the sun's -- the sun's heat passively. To this 8 

### was -- this wasn't -- this wasn't what I was 9 

### expecting in Mexico. This was what I was 10 

### expecting in the United States 20 years from now. 11 

### And this was back in 2007. 12

### It -- it opened my eyes to something. It 13 

### made me realize that no matter what measures 14 

### Mexico was going to take or what measures 15 

### Guatemala, or Honduras, or Tajikistan, or 16 

### Pakistan, or Never Never Land was going to take, 17 

### it didn't matter as long as the U.S. didn't act 18 

### on climate. 19

### And that's why I've come to -- come here 20 

### to support the Clean Power Plan. For me, the 21 

### Clean Power Plan isn't just about reducing 22384

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### emissions to protect endangered species and 1 

### protect other -- the forests and other aspects of 2 

### the environment. For me, the Clean Power Plan is 3 

### about preventing real economic harm to -- to 4 

### Americans and people of the world and, in 5 

### particular, the impoverished who suffer from 6 

### climate change disproportionately more than -- 7 

### than average people like myself. 8 

### And when I say suffer, I mean that 9 

### currently. We're -- we're already seeing the 10 

### impacts of climate change. 11

### Now, because I want to see the Clean 12 

### Power Plan go through, I do have one -- one key 13 

### feature that I'd like to present. And that is 14 

### the -- the aspect of creating a carbon price 15 

### within the Clean Power Plan. I -- that's very 16 

### important for an aspect of link -- creating 17 

### linkages between states. 18

### And the reason why I feel passionately 19 

### about that is looking forward 20 -- 20 years, I 20 

### see the Clean Power Plan in the future and -- and 21 

### thinking not only of what it should be but what 22385

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### it will be, the Clean Power Plan is -- can be 1 

### this opportunity where everything's linked 2 

### together. Everything's an effective market with 3 

### many states all partnering together as part of 4 

### one unified national system. A price on carbon 5 

### is a key mechanism for doing that. 6 

### With that being said, I want to say that 7 

### the Clean Power Plan is a meaningful part of my 8 

### identity as an American. The Clean Power Plan 9 

### makes me proud to be an American. Thank you. 10

### MR. CULLIGAN: Thank you. So, I -- at 11 

### this point we don't have anyone else here to 12 

### speak. If you are here, you haven't spoken, 13 

### you're on -- on the fence about talking, now 14 

### would be an awesome time because there's nobody 15 

### on line. Just throwing that out there. 16

### (Pause.) 17

### Okay. Well, we will be around, so if 18 

### others show up or if someone that does -- does 19 

### decide they want to speak, we -- we can resume, 20 

### but for the sake of our court reporter, we'll 21 

### take a -- take a little recess and give you a 22386

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### break until we actually have something for you to 1 

### write again. 2 

### (Brief recess.) 3 

### (Discussion off the record.) 4 

### MR. CULLIGAN: We were just going to wait 5 

### till you were both in the room and then get 6 

### started again. Are you ready? So we've got two 7 

### more speakers. We've got Stephanie Herron and 8 

### David Hull. So if you two want to come up? You 9 

### can both come up and -- so you guys weren't here 10 

### for the speech on how to -- how to do this. 11


### MS. HERRON: I'm here. 12

### MR. CULLIGAN: When we call either of you 13 

### and if we can start with you, Stephanie, you'll 14 

### spell your name for the court reporter. Dan will 15 

### click the start. You'll see green lights. 16 

### They'll stay green for four minutes. Then 17 

### they'll turn yellow. That'll let you know you 18 

### have one minute left, and then they'll turn red, 19 

### and you know, you should be pretty much wrapping 20 

### up then. We're probably not going to, you know, 21 

### buzz you and kick you out right as it turns red, 22387

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### but definitely be -- be just about done at that 1 

### point. 2 

### So with that, if you are ready, I will 3 

### have you go first. Very good. 4 

### MS. HERRON: Okay. My name is Stephanie 5 

### Herron, S-T-E-P-H-A-N-I-E, H-E-R-R-O-N, like the 6 

### bird with an extra R. I -- do I need to say my 7


### address? 8 

### MR. CULLIGAN: No, just your name. 9 

### MS. HERRON: I am from Wilmington, 10 

### Delaware. Thank you for the opportunity to 11 

### comment. I appreciate it. David and I came all 12 

### the way down because we felt this was a very 13 

### important event. 14

### So obviously we're here today to comment 15 

### on the Federal Implementation Plan for the Clean 16 

### Power Plan. And I'm from Delaware, and I expect 17 

### and hope, but strongly expect, that my state will 18 

### submit a state implementation plan so that, 19 

### hopefully, they won't need the Federal 20 

### Implementation Plan, but there are a few things 21 

### that I think are very important about it. 22388

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### I think that the Federal Implementation 1 

### Plan should be relatively equal. I think that if 2 

### you're going to change the mass-based or rate3 

### based, it would make sense for you to apply that 4 

### evenly. Just choose one or the other for every 5 

### state that gets the Federal Implementation Plan. 6 

### I think that it's very important to limit 7 

### the role of trading between the states because I 8 

### don't really think that it's fair to sort of push 9 

### off pollution from, say, a state like Delaware 10 

### onto a state like West Virginia or another state 11 

### that has a lot more power plants. I don't really 12 

### think that that's just in a big picture way. And 13 

### I think that it's one of the most important 14 

### things about the plans -- state plans and the 15 

### federal plans are that the benefits of them -- 16 

### well, the benefits -- the health benefits and the 17 

### financial benefits that come from the Clean Power 18 

### Plan should be prioritizing the communities that 19 

### live close to power plants and communities that 20 

### are most disadvantaged by living close to power 21 

### plants from a health perspective, from an 22389

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### economic perspective, and really, across the 1 

### board we see that low income communities and 2 

### communities of color, in particular, live near 3 

### polluting land uses like power plants, and -- so 4 

### in -- in addition to being disproportionately 5 

### impacted by the negatives, we should really try 6 

### to prioritize those communities with some of the 7 

### positive impacts of the plan, investing heavily 8 

### in energy efficiency for low income communities 9 

### and communities near power plants and making sure 10 

### that we're directly putting renewable energy in 11 

### the reach of communities that live near fossil 12 

### fueled power plants is key, in my opinion. 13

### I think that we also need to -- I totally 14 

### lost my train of thought. I guess that would 15 

### have been good if I wrote it down, but I think 16 

### that we also need to make sure that there is a 17 

### strong environmental justice analysis in every 18


### state and that we make sure that we're not 19 

### increasing pollution in any communities where our 20 

### overall intention is obviously to decrease 21 

### pollution but to make sure that we're decreasing 22390

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### pollution across the board and that we're 1 

### decreasing pollution the most in the communities 2 

### that have the most pollution and that we consider 3 

### the cumulative impacts of not only power plants 4 

### but power plants in other polluting land uses 5 

### that cause health impacts and, you know, just in 6 

### general environmental impacts. So I think that 7 

### considering the cumulative impacts of communities 8 

### that have multiple power plants or power plants 9 

### and other polluting or dangerous land uses is 10 

### critical. And I hope that the EPA will -- when 11 

### writing the Federal Implementation Plans really 12 

### keep an -- a close eye on fairness and justice 13 

### from the small, small picture point of view that 14 

### the people who live in those communities should 15 

### benefit the -- should be prioritized and benefit 16 

### first but also from a bigger picture point of 17 

### view because I am from a state that I know will 18 

### submit a state implementation plan. 19


### I'm from a state where we haven't done 20 

### nearly enough to address climate change. 21 

### Obviously I don't think that any state really 22391

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### has, but we've tried very hard. We are one of 1 

### the founding members of the original Greenhouse 2 

### Gas Initiative. We have a renewable portfolio 3 

### stating there's an energy efficiency resource 4 

### standard and we're really trying to do our part 5 

### in Delaware, but we are one of the most 6 

### vulnerable states to sea level rise. We have the 7 

### lowest average elevation of any state. 8 

### And the city I live in -- in Wilmington 9 

### -- communities are already feeling the impacts of 10 

### flooding during regular storm -- regular rain 11 

### events and especially big storms. Sea level rise 12 

### is already impacting my state, and we're trying 13 

### to do our part, but we are a small state and we 14 

### need other states to chip in and do their part. 15 

### And so I hope that the Federal Implementation 16 

### Plan will be stringent and strong, and keep an 17 

### eye on justice, that it's not only impacting the 18 

### people who live in that state. Thank you. 19

### MR. CULLIGAN: Thank you. Ready, David. 20

### MR. HULL: My name is David Hull, 21


### H-U-double L. 22392

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### I live in Wilmington, Delaware. I'm a 1 

### member of the Sierra Club. I've been living in 2 

### Wilmington for almost 20 years. And I have seen 3 

### the changes in the state due to things like 4 

### climate rise -- climate change and sea level 5 

### rise, the beach erosion that's taken place, 6 

### people losing their homes, the havoc that's been 7 

### played on the shore birds and the animals that 8 

### are there, things like the horseshoe crabs and 9 

### the red plovers that come down and depend on 10 

### them. Their habitat is affected. 11

### And like Stephanie said, our state is a 12 

### very small state, and we're down wind and down 13 

### river from everybody. We feel like we're 14 

### buffeted by the larger states around us. I live 15 

### right on the Brandywine River, and any time there 16 

### is a flood -- a heavy rainstorm up in 17 

### Pennsylvania, we get tremendous amounts of water 18 

### rushing down -- and debris. And you can see it 19 

### in the city of Wilmington. There is just a lot 20 

### of flooding of houses. People have had to be 21 

### bought out of entire neighborhoods from the 22393

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### flooding that's been caused there. And I feel 1 

### like there -- because it's such a small state, we 2 

### -- we don't really get -- we don't really swing a 3 

### very big hammer, and we're really at the mercy of 4 

### the larger states around us with more power 5 

### plants, and especially the states that might not 6 

### be going as far as they should in terms of the -- 7 

### of the energy plan, the Clean Power Plan that -- 8 

### that we're talking about today. 9 

### I'm not from Delaware originally. My 10 

### family lives down in North Carolina. And North 11 

### Carolina -- I have a feeling -- is one of those 12 

### states that's going to dig in its heels and drag 13 

### their feet and not submit a power plan. So, 14 

### we're going to be at the mercy of people like 15


### that. 16

### My daughter lives there. My -- her 17 

### husband, and my grandson, Desmond, who turned two 18 

### in August, lives down there. And I really hope 19 

### and encourage you guys to make sure that my 20 

### grandson has a future where he doesn't have to 21 

### wear one of those masks like they do in China to 22394

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### be able to go outside and breathe or to be able 1 

### to step outside and see stars, things like that, 2 

### not to have to go to a planetarium to just be 3 

### able see them like I used to do, to be able to go 4


### to the beach -- the same beaches that I went to. 5 

### And none of that's going to happen unless 6 

### we protect it now. That's really what I have to 7 

### say. And I thank you-all for giving me the 8 

### opportunity. 9 

### MR. CULLIGAN: Thank you both for 10 

### commenting and also taking the time to come all 11 

### the way from Delaware. 12

### I -- hopefully, neither of the lawyers at 13 

### the table are going to object to my saying 14 

### this -- 15

### MR. CULLIGAN: I had a question. 16


### MR. HULL: Oh. 17

### MR. CULLIGAN: I have a question for you. 18 

### I'm familiar a little bit with the horseshoe 19 

### crabs coming to the shore in Delaware. I wonder 20 

### if you -- do you have any specific information 21 

### about how climate change is affecting them? It's 22395

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### -- it's a remarkable phenomenon that the 1


### horseshoe crabs -- 2 

### MR. HULL: Yes, I don't -- I don't have 3 

### anything on me, no, but I know that their habitat 4 

### has been affected and there -- you know, there's 5 

### a ripple effect that the red plovers that come 6 

### down from Canada depend on the horseshoe crab 7 

### eggs because they fly from Canada down to -- I 8 

### think the tip of South America. And this is one 9 

### of their major stopovers. They feast on these 10


### eggs. 11


### MS. HERRON: The Red Knots. 12


### MR. HULL: The Red Knot? 13

### MS. HERRON: Red Knot, yes. 14

### MR. HULL: Red Knot. I'm sorry. I got 15 

### the wrong name. The Red Knot birds. That's -- 16 

### that's their -- their major fueling stop on their 17 

### what -- 6,000 mile journey. 18

### MS. HERRON: So, I -- I think -- I don't 19 

### know. I'm not a scientist either, but I've read 20 

### a couple articles about this. 21

### I think that the thing that's changed is 22396

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### that the --obviously birds are triggered by 1 

### seasonal -- you know, seasonal things that make 2 

### them think, oh, time to, like, fly south, right? 3 

### Or fly north. And that the problem is that the 4 

### horseshoe crabs are very consistent. Obviously 5 

### they've been around since dinosaurs. And they 6 

### are having some trouble with their numbers but 7 

### mostly it's just a timing thing. 8 

### When the horseshoe crabs lay their eggs 9 

### is not necessarily when all the birds are coming. 10


### MR. CULLIGAN: I see. 11

### MS. HERRON: I believe. You could -- 12 

### there's lots of articles about it. 13


### MR. CULLIGAN: Thanks. 14

### MS. HERRON: I think. I think that's it. 15

### MR. CULLIGAN: So this point is probably 16 

### you're all probably aware of this, but -- and I 17 

### know several of you are coming from different 18 

### states. You mentioned in particular thinking 19 

### about Delaware's plan. Any state that is 20 

### actively doing the plan, it's probably doing some 21 

### sort of informal public process at this point. 22397

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### And at some point in the process would be doing a 1 

### formal process like this. So there's -- you 2 

### know, there's also an opportunity to comment 3 

### through that process which I suspect most of you 4 

### would be already on top of, but just to note it. 5 

### MS. HERRON: Thank you. 6 

### MR. HULL: Thank you very much for the 7 

### opportunity. 8 

### MR. CULLIGAN: All right. And we've got 9 

### one more speaker at this point. Elena Woods. 10

### MS. WOODS: So I'll just be reading from 11 

### this. 12

### MR. CULLIGAN: All right. So, I don't 13 

### know if you heard, but even though it's pretty 14 

### straightforward, spell your name -- 15

### MS. WOODS: Okay. 16

### MR. CULLIGAN: -- for this and then the 17 

### light will turn yellow when you've got one minute 18


### left. 19

### MS. WOODS: All right. My name is Elena 20 

### Woods, E-L-E-N-A, Woods, W-O-O-D-S. And I 21 

### appreciate the opportunity to speak today. 22398

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### In Louisiana coastal erosion is a major 1 

### problem. We are known for being shaped like a 2 

### boot, but the state is no longer shaped like a 3


### boot. 4 

### Louisiana is the country's second biggest 5 

### crude oil producer and refiner. It is also the 6 

### largest port for the entry of crude oil into the 7 

### U.S. Oil and gas removal is speeding up already 8 

### rapid erosion. There is no doubt that industry 9 

### has contributed to the destruction of Louisiana's 10 

### ecologically diverse wetlands. 11

### Louisiana is home to about 45 percent of 12 

### the south's wetlands. In addition to being home 13 

### to an amazing array of wildlife and an important 14 

### environment for carbon storage and water 15 

### filtration, Louisiana is a wetland to provide a 16 

### barrier that normally act as the mainline of 17 

### defense against flooding. As that barrier is 18 

### destroyed, cities like New Orleans and Lafayette 19 

### that lie just beyond it will experience even more 20 

### severe flooding. 21

### Living in Louisiana you become very aware 22399

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### of the impact water has on daily life. My house 1 

### has been flooded twice. Several of my friends' 2 

### homes were completely destroyed by Katrina, and 3 

### I'm not from New Orleans. My area has 4 

### experienced record flooding, the likes of which 5 

### has not been seen in the past 75 years. 6 

### This past summer the Red River, which 7 

### cuts my hometown in half, crested at over 30 feet 8 

### above its banks. Working for the Red Cross Flood 9 

### Relief, I encountered hundreds of people impacted 10 

### by the flooding. Many of them no longer had a 11 

### house to go home to. Those that still had a 12 

### home, had no electricity and no air conditioning 13 

### in the stifling 100-degree southern heat. 14

### One man had an alligator at his back 15 

### door. When the river rises, they have -- they 16 

### have to go somewhere else, too. 17

### Louisiana is just one of many parts of 18 

### the U.S. where we are feeling the effects of 19 

### climate change. And coastal erosion is just one 20 

### of our problems. 21

### Industrial facilities contribute a huge 22400

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### amount of pollution to our water systems. 1 

### According to a report from the Environmental 2 

### America Research and Policy Center in 2012, 3 

### industrial facilities release more than 12.6 4 

### million pounds of toxic chemicals into rivers, 5 

### bayous, and other water systems in Louisiana 6


### alone. 7 

### More than 44,000 pounds of chemicals 8 

### linked to cancer are released into our water 9 

### table. That put us at third place in terms of 10 

### polluted water in the nation. 11

### In addition to poisoning our water 12 

### supply, air pollution contributes to asthma and 13 

### prolonged allergy seasons as well as fueling a 14 

### system that produces harsher storms and rising 15


### sea levels. 16

### In 2011 power plants in Louisiana 17 

### released 140 million metric tons of carbon 18 

### pollution into the air. We know that this kind 19 

### of pollution contributes heavily to the 20 

### development of asthma. As someone who has 21 

### developed asthma while living in Louisiana, I 22401

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### understand that it is an expensive and 1 

### restrictive disease. My family has spent 2 

### thousands of dollars on medical expenses related 3 

### to asthma. This is just one of the many reasons 4 

### I believe that the Clean Power Plan is so 5 

### important. It is predicted that it will prevent 6 

### 150,000 asthma attacks and 6,600 deaths annually 7 

### -- premature deaths annually. 8 

### I hope that we can take concrete steps to 9 

### clean up our air and stem the massive amounts of 10 

### carbon pollution in our country. Investing in 11 

### clean energy will create jobs in Louisiana and 12 

### elsewhere. There is no leeway on this issue. We 13 

### need to act now to save these areas, save our 14 

### cities. Thank you. 15

### MR. CULLIGAN: Thank you. And did you 16 

### come all the way up here just to testify? 17

### MS. WOODS: No, I go to American. 18

### MR. CULLIGAN: I was going to say that 19 

### was going to be quite impressive. 20

### MS. WOODS: Okay. Thank you. 21

### MR. FISHER: Are you guys taking walk- 22402

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### ins? 1 

### MR. CULLIGAN: Yes. You do need to go to 2 

### that front table and give them your name. We 3 

### keep sort of an official list there, but then 4 

### they will come up with a card with your name for 5 

### us, and you can talk. So, yes. 6 

### (Pause.) 7 

### MR. CULLIGAN: All right. So, John, if 8 

### you want to come on up? And I think you were 9 

### here enough to see the rules, or do you want us 10 

### to run through the -- 11

### MR. FISHER: I'm sorry? 12

### MR. CULLIGAN: When you start speaking, 13 

### spell your name, and this will be green for four 14 

### minutes, and then it will turn yellow, give you 15 

### one more minute, and -- 16

### MR. FISHER: Sure. No problem. 17

### Yes, I probably -- I -- 18

### MR. CULLIGAN: The hearing's about to 19 

### begin. If folks could please take their seats, 20 

### he hearing's about to begin or continue. 21

### MR. FISHER: Sorry, I think I probably 22403

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### won't take the full five minutes. Right. 1 

### My name is John Fisher, and that's 2 

### J-O-H-N, F-I-S-H-E-R. 3 

### Brief introduction on myself. I'm 4 

### originally from Pennsylvania. I live in D.C. 5 

### now, near the NoMa-Gaulladet Station. 6 

### And so, my background is that, first, I 7 

### am a runner. I'm a runner, and I enjoy breathing 8 

### in the clean air around the city. I do live in 9 

### D.C. because I think it's a very environmentally 10 

### friendly place, and I like the fresh air. 11

### I see pictures online a lot of cities 12 

### from large industrial countries with smog totally 13 

### covering their cities, and the skyline for those 14 

### cities is just unbearable. Residents have their 15 

### faces covered in masks, right, so that they can 16


### breathe. 17

### As a person that's active outside, I 18 

### don't ever want to be in that situation, and I'd 19 

### like to see policies put in place to avoid that 20 

### from happening -- prevent that from happening, so 21 

### -- but I'm -- in addition to being a runner, I'm 22404

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### also a web developer. 1 

### And this is important and related for 2 

### this hearing because I know as well as anybody 3 

### else that information is spreading very quickly, 4 

### and it's becoming ever more present. And what 5 

### this means is that people are going to become 6 

### aware of the policies that are in place, and the 7 

### organizations that have put them there, and what 8 

### is or is not being done to prevent health risks, 9 

### which many people have mentioned before, from 10 

### coming into play. And so, with this ever 11 

### increasing amount of information, it's good to 12 

### stay on top of policy and put in place whatever 13 

### we can to prevent these health issues from 14 

### happening. 15

### So, those are the majority of my 16 

### comments, but just to prove the point or to give 17 

### a good example, just while I was sitting here, I 18 

### looked up some statistics online. I went to my 19 

### trusty Wikipedia and looked at the CO2 article, 20 

### and it said carbon emissions in 2013 the U.S. 21 

### burned 10 gigatons, and that's second behind 22405

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### China which is one of the, you know, countries I 1 

### was alluding to with the masks over their face 2 

### for the residents, many of them. Next behind the 3 

### United States was the European Union. Right, but 4 

### the European Union is not just one country. It's 5 

### 28. And we have more than those combined 28 -- 6 

### more CO2 emissions than those combined 28. Next 7 

### behind the European Union was India. 8 

### So, we are well ahead of the game in 9 

### terms of CO2 production, and I think information 10 

### like this is becoming ever more present, and we 11 

### need to stay on top of that. 12

### MR. CULLIGAN: Thank you. 13


### MR. FISHER: Yes. 14

### MR. CULLIGAN: All right. So it looks 15 

### like we'll take another -- take another break. 16

### (Brief recess.) 17

### MR. CULLIGAN: So, you are Collin Rees? 18

### MR. REES: I am, right. 19

### MR. CULLIGAN: So, the way this will work 20 

### is Dan will hit the button. You should spell 21 

### your name for the court reporter. You'll see 22406

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### green lights. They'll be green for four minutes. 1 

### At the end of four minutes they'll turn yellow. 2 

### That will let you know you have one minute left, 3 

### and then they'll turn red at five minutes. And, 4 

### you know, it should be a, nominal -- like, 5 

### definitely be wrapping up at five minutes, but 6 

### we're not going to kick you out here. There's 7 

### not a huge line but -- but, you know, be at the 8 

### end of your thought. So with that, Collin, we'll 9 

### turn it over to you. 10

### MR. REES: Great. My name is Collin 11 

### Rees, C-O-L-L-I-N, R-E-E-S. 12

### Good evening. My name is Collin Rees, 13 

### and I live in Washington, D.C. Thank you for the 14 

### opportunity to testify on the EPA's Clean Power 15 

### Plan and Federal Implementation Plans. 16

### As a trained engineer and scientist, I've 17 

### worked by whole life to use science for the 18 

### advancement of the public good. And as a 19 

### professional campaigner and advocate for a better 20 

### world, I've continued that mission by working to 21 

### combat the injustices of dirty air, dirty water, 22407

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### and the devastating impacts of climate change. 1 

### After graduating from university, I lived 2 

### in Kenya for a full year working in the rural 3 

### savannah along with an Masai tribe. What I saw 4 

### was a part of the world struggling with the 5 

### brutal impacts of climate devastation. A deadly 6 

### drought had stricken the region, killing cattle 7 

### everywhere and eliminating centuries old water 8 

### sources. People were dying as a result of the 9 

### carbon debt built up by developed nations over 10 

### the past two centuries. 11

### The resulting cycles of drought, hunger, 12 

### poverty, and lack of development that I witnessed 13 

### were directly tied to the fossil fuels Americans 14 

### and Europeans have burned without limitation for 15 

### decades upon decades. 16

### The happiest that I saw the villagers in 17 

### my entire year with the tribe was the day that 18 

### the town store installed the solar panel on the 19


### roof. 20

### I worked with the Masai for 12 months and 21 

### made some of the closest friends in my life. 22408

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### Then I came back to the United States, resolved 1 

### to do what I could to alter this damaging 2 

### situation, already a reality for so many around 3 

### the world from getting even worse. 4 

### In my work I collaborate closely with 5 

### Neeka [phonetic], a Bangladeshi woman whose home 6 

### has already been swept away by rising sea levels. 7 

### She moved her family to an already over-crowded 8 

### city where they live 14 people to a room in a 9 

### rickety shack. 10

### I work with Rickyma [phonetic], an 11 

### Indonesian rice farmer who lives in the shadow of 12 

### an American-financed coal plant and can hardly 13 

### breathe some days, let alone battling her way 14 

### through the smog outside to go into the fields. 15

### And I work with Andrew who has been 16 

### fighting a coal plant in Peoria, Illinois, for 17 

### the last four years because he has already seen 18 

### the damage that it is causing to his daughter's 19


### health. 20


### Under the Clean Power Plan each state can 21 

### develop its own plan to reduce deadly carbon 22409

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### emissions, taking into account its own 1 

### circumstances; but for those states that refuse 2 

### to do so, it is even more important to protect 3 

### their citizens with a strong, just, and well4 

### designed Federal Implementation Plan. 5 

### This model Federal Plan should ensure 6 

### that carbon pollution standards achieve the 7 

### pollution reductions promised in the Final Clean 8 

### Power Plan and strive to exceed them, ensure that 9 

### states address carbon pollution from new power 10 

### plants to achieve overall electric sector 11 

### reductions in carbon pollution, protect low 12 

### income consumers by maximizing utilities' 13 

### incentives to invest in energy efficiency which 14 

### lowers energy bills, ensure the plan protects and 15 

### benefits minority, low income, and indigenous 16 

### communities that have long borne the brunt of 17 

### fossil fuel pollution and may be most likely to 18 

### experience the ravages of climate change, 19 

### restrict give aways and allowances to the fossil 20 

### fuel industry and the most polluting sources, and 21 

### minimize switching of coal to natural gas. It's 22410

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### like coal plans that would log us into 40 more 1 

### years of fossil fuel production while 2 

### incentivizing strong renewable production. 3 

### Thank you for the opportunity to testify 4 

### this evening. 5 

### MR. CULLIGAN: Thank you. 6 

### And we are just about done. 7 

### Thank you both. 8 

### MR. REES: It was a pleasure. 9 

### (Discussion off the record.) 10

### MR. CULLIGAN: Concludes today's -- the 11 

### hearing. Thank you very much. 12

### (The hearing was adjourned at 8:00 13 

### o'clock p.m.) 14

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