1MARYLAND DEPARTMENT OF THE ENVIRONMENT 2 3 Public Hearing on Maryland State Implementation 4 Plan for the Baltimore Serious Nonattainment 5 Area, 0.08 ppm 8-Hour Ozone, State 6 Implementation Plan, Demonstrating Rate of 7 Progress for 2008, 2011 and 2012 Revision to 8 2002 Base Year Emissions; and Serious Area 9 Attainment Demonstration 10 11 DATE: Friday, July 19, 2013 12 TIME: 2:00 p.m. 13 LOCATION: Maryland Department of the Environment 141800 Washington Boulevard, 15Conference Room 1 16 Baltimore, Maryland 17 18 19 Before: Debra L. Maheux, Notary Public 20 21- - - - - 222 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1A P P E A R A N C E S 2 3 ON BEHALF OF THE MDE: 4MARY JANE RUTKOWSKI, HEARING OFFICER 5MOLLY BERGER, NATURAL RESOURCES PLANNER 6 Maryland Department of the Environment 7 1800 Washington Boulevard 8 Baltimore, Maryland 21230-1719 9 10 11 12 13 14 15 16 17 18 19 20 21 223 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1P R O C E E D I N G S 2 - - - - - 3 MS. RUTKOWSKI: Good afternoon, 4 everyone. I guess we're about ready to start 5 here. If the court reporter will turn on the 6 equipment, we'll begin. Good afternoon. On 7 behalf of the Maryland Department of the 8 Environment, Air and Radiation Management 9 Administration, I would like to welcome everyone 10 present to this public hearing. 11This public hearing is being held 12 pursuant to federal law found at 42 USC at 13 Section 7410(A) and 40 CFR Parts 51.102 and 251. 14 It is also being held in conformance with the 15 State Administrative Procedure Act under the 16 State Government Article beginning at Section 17 10-101. 18 Notice was also posted on the Maryland 19 Department of the Environment website starting 20 on June 17, 2013. 21Folks, would you please sign in at the 22 front of the room? There's a blue folder.4 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1(Discussion off the record.) 2 MS. RUTKOWSKI: My name is Mary Jane 3 Rutkowski. I'm a Natural Resource Planner with 4 the Air and Radiation Management 5 Administration's Air Quality Management Program. 6 I will serve as the hearing officer this 7 afternoon. 8 First of all, I would like to get you 9 all to sign in. If you haven't signed in, 10 please do so. I think everyone has been signed 11 in. This will help us keep an accurate record 12 of the people who participate in our proceedings 13 here today. Also, a copy of the state 14 implementation plan is available on the table 15 there. There's a copy of the full document and 16 also two copies of the executive summary. 17The hearing will proceed in the 18 following order: First, Molly Berger, a Natural 19 Resource Planner with the Air Quality Management 20 Program of the Air and Radiation Management 21Administration will read the Department's 22 statement into the record.5 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1After Molly is finished reading the 2 Department's statement, I will first call on any 3 elected official or government official who 4 wants to make a statement. Then I will call 5 upon anyone else who indicated on the sign-in 6 sheet that he or she would like to make a 7 statement. 8 When giving your statement, please come 9 closer to the court reporter so she can hear 10 you, identify yourself and your affiliation and 11 spell your last name for her, please. Give your 12 statement loudly and clearly so the court 13 reporter is sure to catch your words. 14Hearing procedure does not call for 15 question and answer sessions. Statements 16 received at this hearing event will be answered 17 in writing and published with the final state 18 implementation plan document. 19 Are there any procedural questions? 20 MR. DONNELLY: My name is Russell 21 Donnelly, Sparrows Point. Is this -- will there 22 be an open comment period after this?6 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1MS. RUTKOWSKI: Until five o'clock 2 today. 3 MR. DONNELLY: Only until then? 4MS. RUTKOWSKI: Yes. Anybody else? 5 All right. If the court reporter will begin, we 6 will go on record to receive comment. Molly 7 Berger will proceed with the Department's 8 statement. Again there are copies on the back 9 of the table there, if you need to follow along. 10 I may not have made enough copies, so 11 if anybody runs short, I can get you one 12 afterwards. 13 Molly? 14MS. BERGER: Good afternoon. My name 15 is Molly Berger. I am a Natural Resources 16 Planner in the Planning and Policy Division, Air 17 Quality Planning Program of the Air and 18 Radiation Management Administration, Maryland 19 Department of the Environment. 20 This public hearing is related to the 21 air quality plan entitled the Baltimore Serious 22 Nonattainment Area 8.08 parts per million 8-hour7 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 ozone state implementation plan demonstrating 2 rate of progress for 2008, 2011 and 2012 3 revision to the 2002 base year emissions; and 4 serious attainment demonstration. 5This public hearing is being held 6 pursuant to federal law found at 42 USC, Section 7 7410(A) and 40 CFR Parts 51, Sections 102 and 8 251. It is also being held in conformance with 9 the State Administrative Procedure Act, under 10 the State Government Article, beginning at 11 section 10 through 101. 12Notice of this public hearing appeared 13 on the Maryland Department of the Environment's 14 website on June 18, 2013, and remained on the 15 website to the date of today's hearing. 16 Copies of the hearing notices and the 17 proposed SIP revision will be part of the formal 18 hearing record. Access to the proposed document 19 was made available via the website of the 20 Maryland Department of the Environment. Hard 21 copies were also available at the Maryland 22 Department of the Environment.8 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1The purpose of this hearing is to 2 provide the public with an opportunity to 3 formally comment on the proposed document. 4The Clean Air Act was passed in 1970 to 5 protect public health and welfare. Congress 6 amended the act in 1990 to establish 7 requirements for areas not meeting the National 8 Ambient Air Quality Standards. The Clean Air 9 Act Amendment established a process for 10 evaluating air quality in each region and 11 identifying nonattainment areas according to the 12 severity of its air pollution problem. 13 The Clean Air Act sets health standards 14 for six ambient pollutants: Carbon monoxide, 15 sulfur dioxide, nitrogen oxides, ozone, lead and 16 particulate matter. The Environmental 17 Protection Agency establishes rules and 18 regulations to implement the Clean Air Act. 19 On February 1, 2012, EPA reclassified 20 the Baltimore, Maryland, nonattainment area as 21 a "serious" nonattainment area. As a serious 22 nonattainment area for 8-hour ozone National9 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 Ambient Air Quality Standard, the Baltimore 2 region is required to meet the requirements 3 defined in the Clean Air Act, Section 182(d) and 4 to submit a revised serious area SIP by 5 September 30, 2012. 6 The "serious" nonattainment area 7 requirements include: Meet all requirements for 8 moderate nonattainment areas; adopting state 9 regulations to meet the Clean Air Act, Section 10 182(d); adopt a contingency plan for 2008 11 reasonable further progress; require new or 12 expanding sources to offset increased emissions 13 by 1.3 to 1; revise and submit an updated 14 attainment demonstration that reflects 15 MOVES-based motor vehicle emissions budgets; 16 demonstrate 3 percent per year reasonable 17 further progress from 2008 through 2011 and from 18 2011 to 2012; adopt contingency measures for 19 failure to make RFP in those periods, and; 20 submit an analysis of reasonably available 21 control measures for the region. 22Consideration of comments: The10 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 Department will consider all pertinent comments, 2 and revise the proposed plan if necessary, 3 before making a final decision to adopt the plan 4 and submit it to the U.S. Environmental 5 Protection Agency for approval as a Maryland 6 State Implementation Plan. Oral and written 7 comments may be presented at this hearing. 8 The 30-day public comment period that 9 began on June 18, 2013, for receipt of all 10 comments to the plan will close at 5 p.m. today. 11MS. RUTKOWSKI: Okay. I don't see 12 anybody who has identified themselves as an 13 elected official here, so I'll go through the 14 list in order, and now I will call on Donna 15 McDowell. 16 MS. MCDOWELL: Okay. I do have a 17 statement I intend to read into the record, and 18 I've given a copy before. 19 Good afternoon. My name is Donna 20 McDowell. I am a Sierra Club volunteer, and 21 grandmother to two boys, 7 and 9. I am here for 22 them. I reside in a rural corner of Montgomery11 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 County, a stone's throw from Howard County. Air 2 knows no boundaries, and we are subject to bad 3 air flowing our way from both Baltimore and the 4 District of Columbia. As you probably know, 5 both Howard and Montgomery Counties received a 6 grade of F for ozone days from the American Lung 7 Association. Only Garrett County received a C 8 in the whole State of Maryland. 9 The Baltimore metropolitan area has 10 suffered some of the worst air on the East Coast 11 with 22 Orange Or Red ozone alerts occurring 12 during 2012. We are now in day three of a Code 13 Orange for air quality just this week. 14In the American Lung Association 15 report, State of the Air, the 16 Washington-Baltimore area ranks 9th in the top 17 25 most ozone polluted cities, and if you remove 18 areas in California and Texas, we are number 1. 19 As you know, ground level ozone 20 pollution occurs when nitrogen oxides and 21Volatile Organic Compounds react in the presence 22 of sunlight and heat. Ozone causes a multitude12 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 of health problems. According to the Physicians 2 For Social Responsibility, low levels of ozone 3 can cause coughing, wheezing, shortness of 4 breath and chest pain. At higher 5 concentrations, breathing ozone can lead to more 6 serious effects, including lung tissue damage, 7 reduced lung capacity, asthma exacerbation, as 8 well as increased risk of hospitalization for 9 asthma, bronchitis, and other chronic 10 respiratory diseases. It can even lead to 11 premature death. 12Ozone pollution disproportionately 13 affects the poor, the young and the elderly, 14 groups that make up large proportions of the 15 population in Baltimore. The American Lung 16 Association estimates that close to 25 percent 17 of the Baltimore City residents live in poverty. 18 More than 20 percent are children, and close to 19 73,000 are over the age of 65. 20 Children are prone to more risks from 21 ozone pollution. Their lungs are growing. They 22 are outside and active during peak ozone periods13 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 in the summer, and they are more susceptible to 2 respiratory infections. My grandsons, avid 3 baseball players, play several games a week and 4 are exposed to more ozone than the average 5 adult. Although most of us shield our children 6 from smoking, we alone cannot shield them from 7 ozone, and that is why we're here before MDE. 8 What will help reduce the emission of 9 dangerous nitrogen oxides which mix with 10 volatile organic compounds to produce ozone? 11 One of the best ways to regulate is to regulate 12 coal-fired power plants in this area, especially 13 those which do not have state of the art 14 controls for NOx. According to Physicians For 15 Social Responsibility, coal plants emit 16 approximately 87 percent of utility related 17 nitrogen oxide pollution, the second largest 18 source of NOx pollution after automobiles. 19 Coal-fired power plants also produce 20 high levels of sulfur dioxide and mercury, not 21 to mention particulate pollution. As an aside, 22 Baltimore City got an F for particulates from14 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 the American Lung Association. 2 The Greeks believed that there were 3 four elements on our planet: Earth, air, fire 4 and water. Although we know that is not true, 5 the Greeks were right in recognizing their 6 importance to life on the planet. When we foul 7 one of these elements, we foul the others. Not 8 only do nitrogen oxides pollute the air, they 9 also foul the water, in this area the Chesapeake 10 Bay. 11Too much nitrogen deposition in the Bay 12 leads to eutrophication, a process that causes 13 an accelerated growth of algae leading to oxygen 14 depletion, and as an aside, there's a fish kill 15 right in the harbor I heard driving here. 16 Garrett Hardin identified the problem 17 with pollution control in the "Tragedy of the 18 Commons." He said: "In a reverse way, the 19 tragedy of the commons reappears in problems of 20 pollution. Here it is not a question of taking 21 something out of the commons but of putting 22 something in -- sewage, radioactive waste, heat15 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 waste, and noxious and dangerous fumes into the 2 air. The rational man finds that his share of 3 the cost of the wastes he discharges into the 4 commons is less than the cost of purifying his 5 wastes before releasing them. 6 "Since this is true for everyone, we 7 are locked into a system of fouling our own 8 nest, so long as we behave only as free 9 enterprisers." 10 That is why we must look to the state 11 to act in ways that protect all of us, that 12 protect the commons, because we all live in the 13 commons. Please recognize the unacceptable 14 costs in ill health and habitat destruction that 15 occur from ozone; please use your authority to 16 require significant reductions in NOx from the 17 coal-fired power plants in Baltimore. 18 Thank you. 19 MS. RUTKOWSKI: Thank you, Ms. 20 McDowell. I will now call on Chris Yoder of the 21 Sierra Club. 22MR. YODER: My name is Chris Yoder, and16 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 that's spelled Y-O-D-E-R. I'm chair of the 2 Greater Baltimore Group of the Sierra Club, and 3 I think more importantly, I'm a grandfather, and 4 the air in Baltimore threatens my health and the 5 health of my family. 6 I would also note that polluted air is 7 not attractive to people or firms who are 8 deciding where they're going to live or work or 9 establish their business, so air pollution also 10 threatens Mayor Stephanie Blake's goal of 11 growing our city as a healthy prosperous place 12 to live and work. 13 As noted before, MDE has been entrusted 14 by the people of Maryland with stewardship over 15 the air we breathe. Minimal standards for ozone 16 pollution and healthy air are well known. EPA 17 set them 16 years ago and then revised them to 18 make them stronger. 19 And so my question is: How is it that 20 air in Baltimore still does not meet even the 21 earlier lax standard, much less the current one? 22MDE, because of that nonattainment, has17 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 an obligation to regulation sources of ozone 2 pollution and pollution that causes ozone to 3 form. That obligation is both a legal one and 4more importantly, a moral one to the children 5 and grandchildren who will define Baltimore's 6 future. 7 MDE can satisfy that obligation only by 8 regulations that effectively, and I'll 9 underscore effectively, address two of the major 10 sources of ozone pollution in the Baltimore 11 area: Motor vehicles and the Crane and Wagner 12 coal-fired electric generation plants. 13 Unbelievable, to me at least, in the 14 second decade of the 21st century, Crane and 15 Wagner still lack state of the art emission 16 controls for ozone causing pollutants. 17MDE's way forward is clear, 18 unmistakable and necessary: Effective 19 regulations that actually reduce emissions for 20 motor vehicles and Baltimore area coal-fired 21 generating plants. 22I would also like to make two18 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 additional points. MDE will undoubtedly hear 2 from polluters and their advocates that we need 3 balance, that it's necessary to compromise, and 4 I would observe that eight weeks ago I was in 5 the mountains of Idaho, and in the mountains of 6 Idaho, I breathed clean air. 7 And if you go outside here today and 8 take a breath, you will discover that there has 9 been compromise. The air here is compromised. 10 MDE has an obligation to bring it into balance. 11 We are now wildly out of balance, and I would 12 also address the word plan. MDE will probably 13 come up with a plan. MDE will probably require 14polluters to come up with a plan. 15Plans don't mean anything. I'm now in 16 the 20th year of my three-year plan to lose 20 17 pounds. I've gained 15. I think that 18 effective -- it has to be effective and 19 enforceable with consequences for the emitters, 20 and if you achieve that, then you will have 21 achieved your mandate for stewardship over the 22 air the people of Maryland and Baltimore19 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 breathe. 2 Thank you. 3 MS. RUTKOWSKI: Thank you, Mr. Yoder. 4 I will now call on John, I'm not sure I can read 5 your writing. 6 MR. SMETON: Smeton. 7 MS. RUTKOWSKI: Smeton, S-M-E-T-O-N? 8 MR. SMETON: Correct. First I 9 completely and entirely agree with the last two 10 comments that were made. I apologize that mine 11 are not as fluent as theirs are. 12So I was born and raised in Harford 13 County, Maryland, and am currently a rising 14 junior majoring in biophysics at Johns Hopkins 15 University. I've lived my entire life in 16 Maryland, and I've grown to love the city of 17 Baltimore over the past first years I've 18 attending school. So much so, that I want 19 nothing more than to stay in the city once I 20 graduate and soon after find a job here. 21While it was never a problem for me in 22 Harford County, I've found that my minor asthma20 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 has actually gotten more serious over the past 2 few years being in Baltimore, especially within 3 the past recent months. 4I am getting shortness of breath much 5more frequently, even though most of the work I 6 do is physical labor, and I have biked to work 7 almost everyday. 8 I'm only turning 20, so I doubt my age 9 has anything to do with it, and I have started 10 to think it's the air in the city that is 11 getting to me. Consequently, I honestly am 12 worried that I can't stay in Baltimore after I 13 graduate and live the healthy I imagined for 14myself. 15I don't really have a strong 16 relationship to anywhere else in Maryland right 17 now, so that might just mean that I might not be 18 in Maryland itself. 19 While I may be sounding a bit like a 20 hypochondriac, I am well aware that Baltimore's 21 water is state of the art. It was actually 22 designed by a person whose name is on one of the21 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 buildings that some of us live in at Hopkins, 2 and that our urban green space is amazing. 3 We are leaders in air and we are 4 leaders in water -- I mean, we are leaders on 5 the land and we're leaders in water, but I'm 6 afraid that we're not leaders in the air. 7 I'm not afraid to get my hands in the 8 dirt or take a drink of Baltimore City tap water 9 afterwards, but I'm afraid that I can't keep 10 doing that in the future if I have to breathe 11 Baltimore's current air while I'm doing it. 12As a result, I'm asking that our 13 regulations for ozone are taken further than 14 they have been in the past. Maryland's current 15 plan or this plan here to address ozone is 16 simply a rehash of its existing regulations, 17 which our inability to achieve safe ozone levels 18 as shown or not sufficient. As I said before, 19 this week alone we've three Code Orange days, 20 one of them being today. 21And we have twice the state average 22mortality rate when it comes to asthma,22 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 childhood asthma, and one of the highest 2 pediatric asthma hospitalization rates in the 3 country. 4The plan contains no proposal or new 5 standards or regulations to address the major 6 in-state sources of ozone precursors, which 7 include the Crane and Wagner power plants 8 mentioned earlier. 9 Since these coal plants are major 10 sources of the ozone forming pollutant, nitrogen 11 oxides and several plants in the Baltimore area 12 still lack state of the art controls for these 13 nitrogen oxides. It is clear what needs to be 14 done. 15The Maryland Department of the 16 Environment should protect the health of the 17 current and potential residents of the Baltimore 18 area by establishing health protective emission 19 limits on nitrogen oxides from the Baltimore 20 area coal plants. You guys have the authority 21 to do it, and it needs to be done, so I'm just 22 asking you to do that.23 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1Thanks for listening to me, and I hope 2 for our health and our future that you guys make 3 the right decision. 4MS. RUTKOWSKI: Thank you, Mr. Smeton. 5I will now call on Chiquita Younger of 6 the Interfaith Power and Light. 7 MS. YOUNGER: Here. Thank you. Good 8 afternoon. I'm Chiquita Younger from Interfaith 9 Power and Light. I live in Cockeysville, and I 10 attend Unity Fellowship Church of Baltimore. 11Through Interfaith Power and Life, 12 Baltimore churches and synagogues and other 13 religious communities across the Baltimore area 14 are coming together to save energy, support 15 clean energy and to take action on climate 16 change. 17Why are the good folks in Baltimore's 18 religious communities concerned from the 19 pollution that the Crane and Wagner power 20 plants? We're concerned because all of our 21 religious traditions teach us to care for our 22 neighbors. It's not right to allow air24 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 pollution to make people in our community sick 2 or to keep people inside for days at a time 3 every summer. 4And our religious traditions teach us 5 to care for the least of these, that we must pay 6 attention to the needs of the most vulnerable 7 members of our community. It is the children 8 and the elderly that suffer most from our 9 failure to put modern pollution controls on 10 Crane and Wagner coal plants. 11When I was younger, in the summertime I 12 loved playing outside. I don't think it's fair 13 that these days my son can't enjoy summer days 14 because the air is unhealthy to breathe, and for 15 decades, we have unfairly imposed the health 16 burdens of coal-fired power plants on poor 17 communities and communities of color. 18 Sometimes we're told that getting our 19 energy from coal-fired power plants like Crane 20 and Wagner is cheap, but dirty energy isn't 21 cheap. It's expensive, and we pay those costs 22 with our health. We pay them with damage to our25 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 climate mand we pay by experiencing more storms 2 like Sandy and extreme heat. 3 Please commit today to addressing the 4 air pollution from the Crane and Wagner plants, 5 and please issue a stronger plan to protect us 6 all from dangerous air pollution. 7 Thank you. 8 MS. RUTKOWSKI: Thank you, Ms. Younger. 9 I will now call on Ruth White. 10 MS. WHITE: Yes. I'm a member of the 11 Sierra Club and also in a Howard County climate 12 group at www.hococlimatechange.org. 13 As previous speakers have said, I 14 understand the coal plants are a major source of 15 ozone forming pollution, and that several plants 16 in the Baltimore area still lack state of the 17 art controls. These plants need to be heavily 18 regulated or preferably shut down. 19 I am concerned for all of the children 20 and elderly people and others affected by ozone 21 and other poor air quality that results from 22 burning coal.26 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1Asthma runs in my family. My 2 grandfather's cousin had severe asthma, as did 3 my father. I had childhood asthma, and some 4 residual impact still affects me as an adult. 5 My daughter had severe childhood asthma and 6 still has some, all Maryland residents in this 7 area. She has an infant son, and we are hoping 8 and praying that he doesn't develop asthma, 9 since it runs so much in our family. 10 Also, my husband and I are over 65, and 11 he has a heart condition, so we are both at 12 double risk for the effects of air pollution. 13 Families should not have to worry about 14 the health of their children, their older 15members or those with lung or heart disease. We 16 need strict coal plan emissions to protect 17 everyone's health. 18 In addition, burning pollution from -- 19 pollution from burning coal is a heavy 20 contributor to climate change, and I know that's 21 not the subject of this hearing, but we believe 22 we need to move strongly to wind and solar power27 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 for our electricity. 2 Thank you. 3 MS. RUTKOWSKI: Thank you, Ms. White. 4I will now call on Doug Aus. 5MR. AUS: Yes. My name is Doug Aus. I 6 live in Towson, Maryland, and I volunteer with 7 the Sierra Club. 8 As one of more than 175,000 adult 9 asthmatics living in the Baltimore area, I am 10 here today to voice my support to strengthen the 11 Maryland Department of the Environment's 12 nonattainment ozone State Implementation Plan. 13 I specifically want to see nitrogen 14 oxide emission limits on Baltimore area coal 15 plants, specifically the Crane and Wagner power 16 plants. When nitrogen oxide reacts with 17 sunlight, it forms ground -- excessive ground 18 level ozone and spreads over the Baltimore area, 19 which aggravates my asthma. 20 I have brought my inhaler with me 21 today. I most often use it when I am in the 22 city.28 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1This ozone pollution does not only harm 2 our air. The Chesapeake Bay also suffers from 3 nitrogen oxide pollutants that form ozone. It 4 accelerates the algae growth in the Bay, and 5 hindering the growth of aquatic vegetation in it 6 and depleting it of oxygen. 7 Most cities in the eastern part of the 8 U.S. have already complied with standards 9 established by the Environmental Protection 10 Agency in 1997, and that's now 16 years ago. 11 When compared to neighboring cities, Baltimore 12 has some of the worst air quality on the East 13 Coast. 14Last year, the Baltimore metropolitan 15 area had 22 Code Orange or Red air alerts. It 16 is inadequate to continue existing standards, 17 which do nothing to address pollution from the 18 Crane and Wagner power plants. 19 I urge the Maryland Department of the 20 Environment to protect the health of Baltimore 21 area residents by imposing emission limits that 22 force these Baltimore area coal plants to29 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 install state of the art controls for nitrogen 2 oxide. 3 Thank you. 4MS. RUTKOWSKI: Thank you, Mr. Aus. 5I will now call on Russell S. 6 Donnelly. 7 MR. DONNELLY: That's me. Honorable 8 Administrators, ladies and gentlemen, good 9 afternoon. My name is Russell Donnelly. I'm 10 from Sparrows Point, Maryland, out back of 11 formerly Bethlehem Steel. After long years, I 12 did want to acknowledge in the interim here, EPA 13 and MDE for restoring the serious designation on 14 the nonattainment area where formally from 2008 15 to 2012 it was moderate, which was slightly in 16 error. 17So the thing is we've always had pretty 18 bad air that we suffer from three areas, that 19 being Philadelphia, Baltimore and Washington. 20 We're in this -- between the mountains and the 21 water, so you have this disparity in this mixing 22 that gives us more or less exceptional30 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 circumstance with air quality. 2 On top of all that, though, I do feel 3 with the new SIP coming forth, there should be 4 stronger implementation and restriction on the 5 traffic tier 3 for automobiles and trucks, et 6 cetera, forthcoming from EPA as we speak, and 7 also the heightening and the implementation 8 registered in the SIP for the greenhouse gas 9 emissions that are also virtually coming 10 downhill from EPA as we speak. 11I think that will help to offset some 12 of the damaging air quality issues we have. 13 Anything for the better would be greatly 14 appreciated, and all we can do is try to 15maintain the efforts, and we can't be lax. 16 As far as CDC is concerned, the number 17 of 15 disease clusters here at Baltimore region, 18 15 disease clusters in the United States, and in 19 Maryland we are number 1 for disease clusters, 20 and that's asthma, cancer, from all the 21 industrial complex and diversity we've had over 22 these past several hundred years.31 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1So whatever you can do to strengthen 2 these regulations and statutes, please do. 3 Thank you. 4MS. RUTKOWSKI: Thank you, Mr. 5 Donnelly. 6 I will now call on Philip Goo. 7 MR. GOO: My name is Philip Goo, and 8 I'm an attorney with Sierra Club in Washington, 9 D.C. 10 I am deeply concerned about MDE's 11 failure to attain the 1997 ozone standard in the 12 Baltimore area. As MDE readily admits, ozone 13 has a number of public health and environmental 14 impacts and can lead to both short-term and 15 long-term respiratory damage for Maryland 16 citizens, especially children and the elderly 17 and asthmatics. 18 MDE's proposed State Implementation 19 Plan was issued in June but for some reason it 20 used projected emissions for 2012 instead of 21 actual 2012 emissions. Based on these projected 22 emissions, MDE concluded that Baltimore would32 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1meet the 1997 standard by June 2013. 2 However, it defies logic why MDE in 3 2013 would use projected 2012 emissions instead 4 of actual 2012 emissions. When actual 2012 5 emissions are used, EPA's air data database, a 6 public database available to everyone, shows 58 7 exceedances of the ozone standard in 2012; 74 in 8 2011; and 76 in 2010. 9 With over 200 exceedances in the past 10 three years, it is impossible to see how MDE 11 predicts that Baltimore will attain the ozone 12 standard by June. 13 MDE's conclusion is also inconsistent 14 with the May 30 statement by Tad Aburn, MDE's 15 director of Air Radiation Program. 16 Mr. Aburn concluded on May 30 or stated 17 on May 30 that the Baltimore region, which was 18 not declared as having clean data in attainting 19 the 1997 standard, will be reclassified again, 20 this time as severe. 21I repeat: On May 30, more than two 22 weeks before MDE submitted its State33 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 Implementation Plan predicting that Baltimore 2 would attain the ozone standard by June, Tad 3 Aburn said that the Baltimore region, which 4 was not declared as having clean data in 5 attaining the 1997 standard, will be 6 reclassified again, this time as severe. 7 Mr. Aburn's conclusion is also 8 buttressed by MDE's own website. On May 1, MDE 9 released a summary of its 2013 clean air report, 10 in which it states that Maryland did not attain 11 the ozone standard, and specifically cites the 12 Hartford monitor in the Baltimore area as having 13 significantly higher emissions levels than any 14 other monitor in the state. 15When 2012 actual emissions are 16 reviewed, along with MDE's repeated emissions 17 that it is not attaining the ozone standard, the 18 Baltimore area will have to be bumped up from 19 serious to severe, which will impose additional 20 limits and controls on the area. 21One additional way which we've already 22 discussed of reducing ozone is to lower the34 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 emission limit for nitrogen oxide, NOx, to a 2 level that would require new control 3 technologies for Maryland power plants, which 4 comprise 40 percent of the total NOx emissions 5 for Maryland. 6 One of these technologies, Selective 7 Catalytic Reduction, abbreviated as SCR, has 8 been endorsed by both EPA and Congress as being 9 cost effective and is very successful in 10 reducing NOx emissions. 11For example, the Morgantown power plant 12 in Newburg, Maryland, is a coal plant that has 13 SCR installed, and its NOx emission rates is six 14 to eight times lower than that of other similar 15 plants without SCR. If MDE were to require SCR 16 in the Baltimore area, this would lead to 560 17 percent reduction of the total NOx emissions 18 from the coal plants in the area. 19 In closing, thank you for providing me 20 the opportunity to comment on this issue, and I 21 look forward to working with MDE in the future 22 to help attain this standard for the health of35 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 Maryland citizens and its environment. 2 Thank you. 3 MS. RUTKOWSKI: Thank you, Mr. Goo. 4I will now call on Kristine Petty? I'm 5 sorry, I'm reading a line ahead. 6 We will now call on Tom -- Tom, I 7 cannot read your last name. 8 MR. RICHARDS: Tom Richards. 9 MR. RUTKOWSKI: Richards, thank you. 10 MR. RICHARDS: R-I-C-H-A-R-D-S. Good 11 afternoon. My name is Tom Richards. I'm a law 12 student at American University and a legal 13 intern with the Sierra Club's Environmental Law 14 Program in Washington, D.C. 15The relevant ozone National Ambient Air 16 Quality Standards was promulgated in 1997, 16 17 years ago. 16 years later and five years after 18 the promulgation of the 2008 ozone NAAQS, 19 Baltimore and Maryland have still failed to meet 20 the national standards. 21As it stands, the Baltimore area will 22 be reclassified as a severe nonattainment area,36 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 despite the claim in the SIP that attainment 2 would be obtained by the attainment date of June 3 15, 2013. 4I am troubled by the negative 5 connotation of having the Baltimore area 6 classified as a severe nonattainment area. The 7 continued failure to meet the 1997 standards is 8 first and foremost a disservice to the people of 9 Baltimore, to their health, to their comfort and 10 to the overall dignity of this proud city. 11Baltimore being a port city is right on 12 the water. Ozone and related particles from 13 power plants and vehicles seep into water 14 sources and disrupt traditional aquatic life. 15 Possibly because of nitrogen oxide, the 16 Chesapeake Bay, the geographic heart of the 17 region, is contaminated with excess nitrogen and 18 chemical particles which promote the growth of 19 algae that blocks the sun and prevents the Bay 20 from maintaining a healthy layer of aquatic 21 vegetation. 22This of course leads to a decline in37 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 fish stocks, which means less for Maryland's 2 sportsmen and less quality fish for consumers. 3 The associated effects on tourism to the 4 Chesapeake Bay must also be considered, as 5 travelers are less inclined to holiday in this 6 historic yet polluted region. 7 There are several coal plants in the 8 greater Baltimore area, all of which contribute 9 to the ongoing ozone pollution and the 10 associated effects on the environment and 11 health. 12The Baltimore area has around 225,000 13 asthmatics whose asthma is only made worse by 14 continued ozone pollution. The Maryland 15 SIP must strictly address emissions from coal 16 power plants, with the health and comfort of 17 Maryland and Baltimore residents being of 18 primary concern. 19 16 years is too long. We need a 20 vigilant endeavor to attainment now. 21Thank you. 22MS. RUTKOWSKI: Thank you, Mr.38 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 Richards. 2 All right. I'll next call on Stephanie 3 Grebas. 4MS. GREBAS: Yes. I'm Stephanie 5 Grebas, and that's G-R-E-B-A-S, and I'm a legal 6 intern with the Sierra Club's Environmental Law 7 Program and a student at Boston University's 8 school of law. 9 Thank you for the opportunity to 10 comment on Maryland's plan to address ozone 11 pollution in the Baltimore area. I urge the MDE 12 to adopt stringent regulations in order to 13 protect the health of Maryland citizens as well 14 as their environment. MDE's proposed SIP is not 15 adequate to avoid harm to the public, and 16 additional limits and controls are necessary. 17Ozone has major health impacts for 18 residents, both children and adults, in the 19 Baltimore area. Exposure to ozone can lead to 20 chronic adverse effects on lung development in 21 children from 10 to 18 years old. For adults, 22 ozone aggravates lung diseases and reduces long39 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 function, and reduced lung function is a strong 2 risk factor for complications and death during 3 adulthood. 4The MDE needs to meet its obligation to 5 Maryland citizens to protect the public from 6 harmful air pollution and especially the 7 citizens in Baltimore's nonattainment area who 8 suffer from rates of asthma higher than the 9 national average. 10 In addition to the important 11 implication the proposed SIP has for the people 12 of Maryland, ozone pollution has devastating 13 impacts on Maryland's environment. 14Approximately one third of the nitrogen that 15 reaches the Chesapeake Bay comes from 16 atmospheric deposition and 60 percent of that 17 nitrogen is attributable to nitrogen oxides, an 18 ozone precursor emitted by cars and coal plants. 19 This excess nitrogen causes 20 eutrophication and depletion of the oxygen in 21 the water and adversely impacts the health, 22 reproduction and survival of aquatic life.40 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1Maryland's proposed SIP is not 2 sufficient to meet the needs of a public or the 3 environment. The Baltimore nonattainment area 4 still lacks 21st century pollution control 5 technology for its coal burning power plants, 6 which are a major source of nitrogen oxides. 7 For the protection of the public and 8 environment, MDE has the authority to require 9 significant and needed reductions in nitrogen 10 oxides from these coal plants. 11Maryland's Healthy Air Act was an 12 important step in the right direction, but it 13 does not go far enough in achieving safe ozone 14 levels. 15The SIP contains no proposals for new 16 standards or regulations to address major 17 in-state sources of ozone precursors. 18 I urge Maryland to require limits for 19 coal plants based on what is achievable with 20 Selective Catalytic Reduction technology. There 21 are mechanisms available for MDE to ensure an 22 adequate reduction in ozone pollution to protect41 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 the public and the environment from harmful air 2 pollution, and the MDE should required these 3 limits in the final SIP. 4Thank you. 5MS. RUTKOWSKI: Thank you, Ms. Grebas. 6 Now, is there anybody who would like to 7 speak that did not indicate so on the sign-in 8 sheet? 9 MS. BROWN: I believe I was skipped. 10 MR. RUTKOWSKI: Oh, I'm sorry. 11MS. BROWN: That's okay. I would like 12 to say something. My name is Diane Brown, 13 B-R-O-W-N, and I am an intern at the Maryland 14 chapter of the Sierra Club. I'm a second year 15 college student at the University of Vermont. 16 This interests me because this impacts my daily 17 life and as well as the life of my friends and 18 family. 19 Just this week, there have been a few 20 Code Orange days including today. People in 21 sensitive groups like myself are advised to stay 22 inside, but people still need to function. I42 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 still need to walk my dog, walk to my car to 2 drive to my internship, and other simply daily 3 activities that require me to go outside. 4When people who are not part of that at 5 risk group go outside, they might complain about 6 how hot it is and say that it's humid, but as an 7 asthmatic, I have a little more to think about. 8 When I go outside, even to go out to the car, 9 there is this element of fear in my mind, fear 10 that each breath is getting shorter and shorter, 11 fear that I can suddenly go into an asthma 12 attack, fear that walking too fast or being 13 outside for just a minute too long will be my 14 ticket to the hospital. 15According to the American Lung 16 Association, I am one of the 175,015 adult 17 asthmatics here in Baltimore that fear everyday 18 during the summer months. 19 This fear and this danger are only 20 there when the air quality is so poor like it 21 has been in the summers in Maryland lately, and 22 can only remain and increase unless we regulate43 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 all the sources polluting ozone. 2 I'm not okay with the fact that I can't 3 be part of the summer activities that make up my 4 summer. I can't go to the pool. I can't go to 5 the park. I can't go kayaking. I can't ride my 6 bike. I can't take a trip to the Baltimore 7 harbor. It's risky for me and for the young, 8 the elderly. It's not healthy for anyone 9 really. 10 Being an asthmatic and just a breathing 11 organism, I care about the air. The MDE should 12 be doing everything in their power to reduce 13 those dangerous days of Code Oranges and worse. 14I urge you today to not just rehash the 15 existing regulations, which is continuing to 16 fail achievable safe ozone levels. Set new 17 standards to addressed the major in-state 18 sources of ozone forming pollutants. 19 Why is it that Baltimore area coal 20 plants are still lacking state of the art 21 controls for NOx? I urge the MDE to protect the 22 health of residents of the Baltimore area by44 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 imposing health protective emission limits on 2 NOx from the Baltimore area coal plants. 3 MS. RUTKOWSKI: Thank you, Ms. Brown. 4Now, who else have I missed? Sir? 5MR. GORDON: I came in late. I'm Shan 6 Gordon. I'm a parent in Baltimore. I came here 7 from Oregon where the skies are considerably 8 cleaner. I was noticing that we're, Hey, cool 9 number nine in the ozone in the country. 10 I'm also a photographer, so when I came 11 here, I noticed that during the summer, there's 12 this orangey fog, which is really nice for 13 portraits but not for great for breathing, and 14 there's this kind of fog that kind of envelopes 15 the city. I actually have seen some improvement 16 since Brandon Shores actually upgraded its 17 facility, so it can be done. We can make this 18 air cleaner. 19 And I'm just wondering why we're 20 allowing the other bad dinosaur plants to 21 continue. If I take my car in to get registered 22 for the state, they don't care if I've got other45 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 clean cars. If my car doesn't pass, it doesn't 2 get to drive, and we should look at what these 3 other plants are doing in this very same way. 4 They are next to people that have to breathe, 5 and they are polluting our waters. They're 6 polluting our airs, and they aren't paying me 7 for it. 8 I don't get a check, and the longer we 9 allow these dinosaurs to breathe, the longer we 10 keep the newer, better forms of energy creation, 11 the renewable, the better more efficient Brandon 12 Shores type plants from coming up. We need to 13 leave them in this state pod of history. 14So that's all I have. Thank you. 15MS. RUTKOWSKI: Thank you. Sir? 16 MR. WHITEHOUSE: My name is Tim 17 Whitehouse. I'm the director of the Chesapeake 18 Bay chapter of the Physicians for Social 19 Responsibility. 20 As has been noted, ozone is a serious 21 health problem in the Baltimore area. Ground 22 level ozone contributes to asthma, emphysema,46 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 bronchitis and other diseases. Two of my three 2 children suffer from asthma. One has very 3 serious asthma that requires frequent 4 hospitalization. 5The Crane and Wagner coal plants are a 6 major source of the ozone forming pollutant NOx 7 in the Baltimore area and is a serious cause of 8 respiratory problems in our population. 9 It is unacceptable that the Crane and 10 Wagner plants do not have state of the art 11 pollution controls that are common in other 12 plants around the country. 13 The PSR Chesapeake Chapter calls on the 14 MDE to protect the public's health by imposing 15 strict health protective emission limits of NOx 16 from these two coal power plants. We ask MDE to 17 directly address this issue in its 18 implementation of its SIP and in the permits for 19 these two plants. 20 Thank you for accepting these comments. 21MS. RUTKOWSKI: Thank you. Is there 22 anybody else who has anything? Sir?47 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1MR. DONNELLY: Russell Donnelly, one 2 point I forgot. Up to now we've had 14 3 monitoring stations in the state, and now I 4 believe there only 12. Two were shut down, one 5 at Francis Scott -- I mean, the John F. Kennedy 6 Memorial Toll Bridge and the other on the west 7 side of town. 8 We would like to see as part of this 9 IPEs and under this new upgrade for more air 10 control and better air quality, more full screen 11 tox air monitoring stations installed. 12Where I live in Sparrows Point, the 13 nearest one to me is 14 miles away more or less, 14 and that's at Dorsey Avenue in Essex. That 15monitors a seven mile radius region. That's the 16 only one we have down at that end. 17So I think -- and formally we had 18 Bethlehem Steel or the steel mills and factories 19 in operation, there was nothing within seven 20 miles when we had it at Memorial Tunnel, away 21 from the source. 22Now it's like 14 miles away from all48 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 the indigenous operable sources in our area, and 2 plus not all of the monitors do full screening. 3 They only do for the six basic emissions -- I 4mean, air quality standards. 5So we need to see the more stringent 6 better quality test monitors expand our knowns, 7 if you will, in the regions, all around the 8 state, put it on the to do list. 9 I know it's expensive, and right now 10 with budget it's a little hard to come by, but 11 we think -- we know we have a full service air 12monitoring mobile lab that's in mothballs and 13 has been since 1995, so we need something more 14 out there on the ground and in the area doing 15 the more stringent monitoring to get a better 16 picture on these air studies. It would help out 17 all the way around. Thank you. 18 MS. RUTKOWSKI: Thank you, Mr. 19 Donnelly. 20 MR. GARONZIK: My name is Joe 21 Garonzik, G-A-R-O-N-Z-I-K, and just a private 22 citizen. In listening to the testimony today, I49 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 would just punctuate two points that have been 2 made. 3 One is that it would be my hope that 4 the Maryland Department of the Environment would 5 take a very hard look at the real costs of air 6 pollution in arriving at the best possible 7 solution they could come up with because clearly 8 health costs are a huge factor in all this, and 9 they have to be injected into any study of the 10 costs say to a company to improve its emission 11 practices. 12The second thing is I was reminded of a 13 comment of Winston Churchill that he made about 14Americans, which was essentially that Americans 15 always make the right decision, but they have to 16 try every conceivable other decision before they 17 can get to the right one, and it does seem 18 pretty clear to me that half measures won't work 19 anymore, and it's time to make the right 20 decision. 21MS. RUTKOWSKI: Thank you. 22MR. YODER: Can I get another bite at50 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 the apple? 2 MS. RUTKOWSKI: I believe so. 3 MR. YODER: Again my name is Chris 4 Yoder. I'm chair of the Greater Baltimore Group 5 of the Sierra Club. 6 In my earlier statement I made passing 7 reference to the source of ozone pollution, and 8 that's motor vehicles, and I would like to 9 expand on that. Motor vehicle pollution of 10 course comes out of the tailpipe, and tailpipe 11 emissions are regulated, but there's another 12 variable, and that's vehicle miles traveled, VMT 13 for short. 14And decisions that are made in our 15 transportation infrastructure have a huge amount 16 of inertia when a decision to build a road, add 17 another lane to a freeway is made. That 18 decision is literally set in concrete and 19 asphalt and will probably last centuries. 20 And in order to address pollution, MDE 21 is going to have to weigh in on those 22 transportation decisions, originating in local51 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 jurisdictions. If it's federally funded, it 2 will originate -- the process will start with 3 the elected executives in the city and counties 4 in the Baltimore area, go through the BRTB, 5 which is the Baltimore Regional Transportation 6 Board, then to the state. 7 And MDE, if it's going to be effective 8 in ensuring that we have clean air to breathe, 9 is going to have to formulate regulations that 10 compel proponents of transportation decisions 11 that do not reduce VMT to incorporate the cost 12 of that air pollution. 13 MDE is going to have to be a vicious 14pit bull in the internal decisions that are made 15 in Annapolis when the Department of 16 Transportation is approving transportation 17 funding, which projects get built, which do not. 18 MDE is going to have to be a vicious 19 pit bull advocating for projects that reduce 20 VMT, things like the Baltimore Red Line, and 21 other jurisdictions similar forms of 22 transportation because if we continue to52 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 increase the number of miles we drive, it 2 doesn't matter how many miles per gallon we get, 3 how many -- how efficient or effective our 4 tailpipe emission controls are. If we continue 5 to increase the number of miles driven by our 6 population as a whole, vehicle based pollution 7 will continue to increase, and it will offset 8 what other steps you're taking. 9 So MDE regs are going to have to ensure 10 that decisions that do not reduce vehicle miles 11 traveled have a very high hurdle to pass. 12Thank you. 13 MR. GOO: Can I make one other point 14 responding to your point? 15MS. RUTKOWSKI: Mr. Goo, please 16 identify yourself again. 17MR. GOO: Philip Goo, Sierra Club. To 18 your part about monitoring, the Clean Air Act 19 actually requires for serious nonattainment 20 areas to show what's called enhanced monitoring, 21 which means both quantitatively in terms of the 22 number of monitors, and qualitatively in terms53 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 of the data that's received by those monitors, 2 and MDE's current proposed SIP contains no 3 proposed monitoring as it stands. 4And EPA I assume will find that the 5 proposed SIP is incomplete due to the fact that 6 those provisions were not included in the 7 proposed SIP. 8 So I urge MDE to revise its SIP to 9 include those provisions, and we've made similar 10 comments in our written comments. 11MS. RUTKOWSKI: Thank you, Mr. Goo. 12I think we've heard from everyone who 13 had something to say. I know there are a few of 14you who did not get a chance to sign in, so I 15 would ask you, please, before you leave the room 16 to sign in on this blue folder here. 17And we'll get back to the formal part 18 here. Let the record reflect that a statement 19 has been taken from all who wished to make one. 20 This will conclude the public hearing. 21Let the record reflect that this is now 22 2:58 o'clock, and this hearing on the State54 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1 Implementation Plan stands closed at the end of 2 these proceedings, on July 19, 2013. 3 Also at five p.m. today, the official 4 comment period for the document of record will 5 completely close. 6 Thank you. 7 (Whereupon, at 2:58 p.m. the public 8 hearing was concluded.) 9 10 11 12 13 14 15 16 17 18 19 20 21 2255 

### Public Hearing Maryland Department of the Environment 7/19/2013

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 For The Record, Inc. 1CERTIFICATE OF REPORTER 2 3 4I, Debra L. Maheux, do hereby certify 5 that the foregoing proceedings were recorded by 6 me via stenotype and reduced to typewriting 7 under my supervision; that I am neither counsel 8 for, related to, nor employed by any of the 9 parties to the action in which these proceedings 10 were transcribed; and further, that I am not a 11 relative or employee of any attorney or counsel 12 employed by the parties hereto, nor financially 13 or otherwise interested in the outcome of the 14 action. 15 16 17 18 19 20

_______________________________________ 21DEBRA L. MAHEUX 22