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 U.S. ENVIRONMENTAL PROTECTION AGENCY

 PUBLIC HEARING

 JANUARY 14, 2011

Hearing January 14, 2011
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1 P R O C E E D I N G S

2 MR. ARMENDARIZ: Good morning everybody.

3 Go ahead and -- we'll go ahead and get started. So first

4 of all thank you for attending today's public hearing.

5 It's being held by the U.S. Environmental Protection

6 Agency

7 And, first of all, certainly say -- say

8 hello and thank you to the very many friends and familiar

9 faces we have in the audience. So today we're going to be

10 discussing several components of EPA's proposed action

11 regarding the Clean Air Act and permitting in Texas. Our

12 proposal from several weeks ago identified an error in the

13 section of Texas's air permitting program. The part of

14 the program called prevention of significant deterioration

15 or PSD. And we proposed to partially approve and

16 partially disapprove that program. This action further

17 provides a mechanism for the Federal Government to do PSD

18 permitting. And that's because our action proposes to put

19 in place a federal limitation plan that would allow EPA to

20 issue the component of the PSD permits that address

21 greenhouse gases, and to do so until Texas corrects its

22 program.

23 As an introduction, my name is Al

24 Armendariz. I am the regional administrator for EPA

25 Region 6. And I'd like to introduce the panel who is up

Hearing January 14, 2011
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1 here with me today. To my right is Carl Edlund. He's the

2 director of our multimedia planning and permitting

3 division. I also have Raj Rao from EPA's office of Air

4 Quality Planning and Standards in North Carolina. And

5 Peter Keller, to his left, also from our office in

6 North Carolina. Joining us later on today will be Howard

7 Hoffman from EPA's Office of General Counsel in

8 Washington, D.C.

9 So this hearing is an opportunity for the

10 public to comment on EPA's proposed rule. Myself and the

11 panel members are available to clarify what we have

12 proposed, but I do ask that we refrain from using this

13 public hearing as an opportunity for debate or in-depth

14 discussion. I really want to have this public hearing as

15 an opportunity for EPA to listen to your comments, to

16 listen to your concerns. And we can clarify specific

17 questions about our proposal as well.

18 Now, before I open the floor to comment

19 and testimony, I do want to describe a little bit about

20 the proposed rule that we're discussing today. So on

21 December 23rd of 2010, we issued a series of rules that

22 are intended to ensure, first, that industrial facilities

23 can get Clean Air Act permits covering their greenhouse

24 gas emissions when needed. And, two, that those permits

25 are necessary only for the largest sources of greenhouse

Hearing January 14, 2011
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1 gases. Two of these actions which were published in the

2 Federal Register on December 30 of 2010, address

3 greenhouse gas permitting in Texas specifically.

4 So we determined that an error was made

5 when EPA originally approved the Texas state

6 implementation plan, or the SIP, for PSD permitting

7 because the State of Texas did not address how the program

8 will apply to pollutants newly subject to regulation, and

9 in this case greenhouse gases. Under the error correction

10 provisions of the Clean Air Act, EPA converted its

11 approval of the Texas PSD SIP to a partial approval and

12 partial disapproval. The partial disapproval of the Texas

13 PSD SIP allowed EPA to issue a federal implementation plan

14 or a FIP. The FIP gives us the authority to issue Clean

15 Air Act permits for greenhouse gas emissions on the

16 state's behalf starting January of 2011, this month. So

17 this action ensures that new and expanding large

18 industrial facilities in the state of Texas will be able

19 to seek the Clean Air Act permits that they need for new

20 construction and for new projects without any delay.

21 Now, it is EPA's preference that the state

22 of Texas and its agencies remain the permitting authority

23 for greenhouse gas sources, as they are for the other

24 Clean Air Act pollutants. We are ready to work with the

25 TCEQ to correct its PSD permitting plan so the state can

Hearing January 14, 2011
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1 take on these permitting responsibilities as quickly as

2 possible. However, at this time those discussions have

3 not yet begun with the TCEQ.

4 So that Texas businesses are able to

5 obtain the permits that they need, EPA's action became

6 effective immediately on an interim final basis. We also

7 issued at the time that we entered -- that we issued the

8 interim final rule an identical proposal to allow for

9 public comment on our action. And we're here today to

10 listen to comments on our actions.

11 So let me now describe for one minute how

12 today's hearing is going to operate. We will be accepting

13 oral comments on our proposal and we will prepare a

14 written transcript of this hearing, which will be part of

15 the official record. We're also accepting written

16 comments on the proposal. And I certainly invite all of

17 you here to provide written comments on EPA's actions.

18 We're accepting written comments until February 14 of

19 2011. And we're going to consider all the comments that

20 we receive before issuing our final rule later this year.

21 We have a fact sheet available at the registration table,

22 I invite all of you to read it. It lays out in, I think,

23 clear but important detail of the various actions that the

24 EPA's taking to address greenhouse gas emissions through

25 the PSD program and specifically how those actions are

Hearing January 14, 2011
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1 connected to PSD permitting in the state of Texas.

2 On that fact sheet are additional

3 instructions for individuals interested in submitting

4 written comments. So I will soon call scheduled speakers

5 to the microphones, and I'll do so in pairs, so we have

6 two seats here. And you'll notice that there are a series

7 of lights, that's our time-keeping system. The

8 time-keeping system has green, yellow and red lights. So

9 when you begin speaking, the green light will come on, you

10 have five minutes to speak. The yellow light will signal

11 that you have two minutes left to speak and we do ask that

12 you stop when you see the red light come on, so that we

13 can get through the list of everyone who is registered to

14 speak. Now, when it is your turn to speak please state

15 your name and your affiliation. We do ask that you help

16 our court reporter, who is keeping a log of today's

17 hearing by spelling your last name. In order to be fair

18 to everyone, we ask that you limit your testimony to five

19 minutes and to -- to work hard to keep to that time.

20 Now, after your testimony, a member of the

21 panel or myself might ask you some clarifying questions.

22 And -- now if, in addition to the transcript, you would

23 like us to put the full text of your written comments into

24 the docket please be sure to give a copy of any of your

25 written comments to the staff at the registration table.

Hearing January 14, 2011
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1 The EPA will be here throughout the day and until this

2 evening, so that everyone has the opportunity to comment.

3 If you would like to testify, but have not

4 yet registered to do so, please sign up at the

5 registration table. And we do ask for your patience as we

6 proceed through the list. We might need to make some

7 adjustments during the day. We have a break scheduled

8 from 11:30 to 1 o'clock for lunch.

9 So with that, I do want to thank you-all

10 again for coming to this public hearing and for your

11 interest in EPA's actions. So with that, let's get

12 started. I'll go ahead and call Peter Zalzal and Neil

13 Carman to the table.

14 MR. ZALZAL: My name is Peter Zalzal.

15 It's Z, like in zebra, A-L-Z, like in zebra, A-L. And I'm

16 an attorney with the Environmental Defense Fund. So on

17 behalf of the Environmental Defense Fund, there are more

18 than 700,000 members nationwide, I sincerely thank you.

19 Thank you for the opportunity to testify today.

20 Environmental Defense Fund is a nonprofit, nonpartisan,

21 nongovernmental organization. And for more than 20 years

22 our Texas office has been dedicated to achieving cleaner

23 air and a safer environment for all Texans. Texas has a

24 strong stake in reducing the global warming pollution that

25 threatens human health and the environment and forging a

Hearing January 14, 2011
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1 stronger clean energy economy. Indeed, Texas is endowed

2 with world-class clean energy resources, generating more

3 wind than any other state in the nation.

4 In 2007, the highest court in the land

5 ruled that greenhouse gases are pollutants under the Clean

6 Air Act. Carrying out its responsibilities under the

7 Supreme Court's decision, the EPA has taken actions

8 anchored in science to protect human health and the

9 environment from these contaminates. This includes the

10 measures at issue today, the time-tested Clean Air Act

11 permit requirements for the very largest industrial

12 sources of air pollution to deploy modern, cost-effective

13 clean air solutions to reduce emissions before commencing

14 construction. States across our nation are working

15 collaboratively with EPA to carry out these clean air

16 measures realizing the environmental and economic benefits

17 from cleaner air and the regulatory certainty necessary to

18 encourage major capital investment.

19 There are considerable benefits to acting

20 now, decisive action will help to arrest some of the most

21 serious consequences of a changing climate and help to

22 position the U.S. and Texas as global leaders in the

23 development of clean energy technology. China has already

24 overtaken the U.S. in clean-energy investment. The race

25 to clean energy innovation in the global marketplace is

Hearing January 14, 2011
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1 one our nation cannot and will not lose, but we must work

2 together.

3 EDF strongly supports the Agency's

4 proposed action here, narrow federal measures to ensure

5 clean air protections for the state of Texas. The

6 proposed rule fills a gap that would otherwise exist in

7 Texas, smoothing the transition to a legally compliant

8 permit program. EPA's actions provide Texas businesses

9 with vital regulatory certainty to unleash capital

10 investments and to provide Texas citizens with critical

11 health and environmental protections. Moreover, EPA's

12 action is very limited in scope, addressing greenhouse gas

13 pollutants discharged in large volumes by major new

14 industrial sources. EDF strongly supports the Agency's

15 efforts to ensure all states' compliance with federal air

16 quality laws that guarantee the right of all Americans to

17 cleaner air.

18 At the same time, EDF encourages Texas to

19 assume leadership over its greenhouse gas permitting

20 program. Texas has devoted extensive resources to

21 blocking implementation of EPA's greenhouse gas

22 protections, filing numerous lawsuits and seeking to

23 derail EPA's clean air measures before implementation.

24 Each time the federal court of appeals hearing these

25 challenges has unanimously rejected Texas's efforts to

Hearing January 14, 2011
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1 stay the regulations. It is time to end the litigation

2 and obstructionism and to work together as a nation to

3 solve these urgent challenges. We hope Texas chooses this

4 path forward.

5 I would like to again thank you for the

6 opportunity to testify concerning this important

7 proposal. EDF strongly supports the Agency's measure,

8 common-sense approach to implementing the Clean Air Act,

9 and we look forward to providing more detailed written

10 comments. Thank you.

11 MR. ARMENDARIZ: Thank you, Peter.

12 MR. CARMAN: Good morning. My name is

13 Neil Carman and I'm the clean air program director for the

14 Lone Star Chapter of the Sierra Club here in Texas. And

15 I'm speaking on behalf of our 24,000 members and their

16 families who want cleaner air in Texas, including fewer

17 greenhouse gas emissions.

18 Thank you for the opportunity to comment

19 on the partial approval and the partial disapproval of the

20 Texas Clean Air Act's prevention of significant

21 deterioration, or PSD program, and the federal

22 implementation, FIP, which EPA has proposed to ensure that

23 the state's greenhouse gas permitting continues to

24 function in a good manner here in Texas. This action is

25 based on EPA's determination that the Texas PSD program is

Hearing January 14, 2011
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1 flawed because the state, specifically Texas Commission on

2 Environmental Quality, did not address how the PS -- Texas'

3 PSD program would apply to all pollutants that would

4 become newly subject to the regulations in the future.

5 This is very important here in the state of Texas due to

6 the exceptionally large industrial base that Texas has

7 with very large greenhouse gas emissions, including the

8 largest number of coal-powered power plants, oil

9 refineries, chemical and petrochemical plants, natural gas

10 processing plants, cement kilns and more. And also there

11 are facilities that will be seeking permits that will, you

12 know, want to make advanced approaches to reducing

13 greenhouse gas emissions.

14 The extensive numbers in the industrial

15 codes in the Federal Register Notice on December 30th

16 indicates that there's a large number of industry groups

17 in Texas that are affected by this action who may be

18 seeking these PSD permits. The state of Texas' -- or

19 TCEQ's unwillingness to adopt this newer cleaner act rule

20 to address greenhouse gas emissions and pollution control

21 permits means it's very important for the EPA to step in

22 and conduct the Texas greenhouse gas permitting program

23 while the other states -- other 49 states have chosen to

24 move forward and adopt the PSD program permitting of these

25 greenhouse gas emissions and keep a level playing field

Hearing January 14, 2011
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1 across the nation for all these industrial sources that

2 need these permits.

3 Texas is acting alone in refusing to

4 implement this important PSD program and otherwise there

5 would be no such permitting implemented here in Texas,

6 which I think would be extremely unfair to other states

7 and companies and industrial sources that are seeking

8 these permits. So the Lone Star Chapter of the Sierra

9 Club hopes that the TCEQ will fully adopt this new PSD

10 program in the near future since the TCEQ has adopted all

11 previous PSD programs that the EPA has delegated to the

12 state.

13 So the Sierra Club's Lone Star Chapter

14 fully supports the EPA's partial approval and partial

15 disapproval of this PSD program to eliminate greenhouse

16 gas emissions here in Texas and we need it to be able to

17 move forward with clean energy economy. I will be

18 submitting more detailed written comments before February

19 12th. Thank you very much.

20 MR. ARMENDARIZ: Great. Thank you, Neil.

21 At this point I would like to invite Erin

22 Fonken and Emily Williams. And I do want to remind our

23 speakers as best they can to please speak into the

24 microphone so that everyone in the room can hear their

25 comments.

Hearing January 14, 2011
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1 MS. FONKEN: Good morning. My name is

2 Erin Fonken. And I'm an attorney with the Environmental

3 Integrity Project. My last name is F, as in Frank,

4 O-N-K-E-N.

5 EPA's regulation of greenhouse gases is

6 not only necessary given the real and serious impacts of

7 climate change and required by the Clean Air Act as

8 recognized by the Supreme Court in Massachusetts versus

9 EPA, though long overdue. EPA has carefully promulgated a

10 series of rules and other actions to ensure that large GHG

11 pollution emitters will finally be required to address and

12 reduce their emissions. Though the centers and proposed

13 rule making in 2008, the endangerment and cause or

14 contribute findings in 2009 to the final PSD and

15 Title 5 tailoring rule in 2010. So the rules necessary to

16 enable states to efficiently permit greenhouse gas

17 emissions, including the rule at issue today.

18 The federal requirement to permit

19 greenhouse gas emissions did not suddenly appear out of

20 thin air. To the contrary, states have had fair notice

21 that greenhouse gases would be regulated under the Clean

22 Air Act for some time. Perhaps that is why 49 of 50

23 states in this country either already have rules in place

24 to permit greenhouse gases or will have such rules in

25 place in a matter of months. And these even include

Hearing January 14, 2011
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1 states that, like Texas, are currently challenging EPA's

2 regulatory actions in the U.S. Court of Appeals for the DC

3 Circuit. However, unlike Texas, these states are

4 following the law and implementing permitting for

5 greenhouse gases pending the DC Circuit's final decision.

6 Texas has put itself, its citizens and its

7 industry in the position it is today, and this includes

8 many Texas citizens and businesses that disagree with the

9 state's wasteful and backward-looking litigation,

10 challenging EPA's greenhouse gas rules. And believe that

11 greenhouse gas regulation is an essential part of Texas

12 and this nation's clean energy future. Under the

13 circumstances, EPA's action to take over solely the

14 greenhouse gas portion of Texas PSD permitting authority

15 is both legally justified and in the interest of Texas

16 citizens and Texas industry who will need permits in 2011.

17 As EPA notes in the rule, according to

18 Texas, 167 greenhouse gas emitting sources will require

19 PSD permits during 2011. Just a few months ago, Texas

20 argued that the inability to issue permits for these

21 sources would irreparably harm Texas by effectively

22 imposing a construction ban on greenhouse gas projects.

23 Texas alleged that this construction moratorium would

24 deprive Texans of jobs, deprive Texas industry of business

25 opportunities, deprive the state of tax revenues

Hearing January 14, 2011
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1 associated with these projects and placed Texas at a

2 competitive disadvantage to states that have the legal

3 authority to issue greenhouse gas permits. EPA's FIP of

4 greenhouse gas permitting in Texas is necessary to address

5 these very problems that Texas recently found so dire.

6 Moving forward, I urge EPA to address a

7 number of large CO2 emitters who already have or soon will

8 obtain permits from the Texas Commission on Environmental

9 Quality to construction, dirty coal and petroleum

10 coal-fired power plants. Coal-fired power plants emit

11 more CO2 per unit of energy than any other common fuel

12 source, more than petroleum, more than twice of natural

13 gas and, of course, more than renewable energies like wind

14 and solar. At least three plants. Including the Tenaska

15 Trailblazer MG7, a 900-megawatt coal-fired power plant

16 supposed to be built near Sweetwater, Texas, will have

17 final permits issued this month, if not soon thereafter.

18 Collectively these plants will emit over 30-million tons

19 of carbon dioxide annually and will be around for decades

20 to come, negating potential greenhouse gas emission

21 reductions under the new rules unless EPA takes action.

22 EPA should take a hard look at these plants under its new

23 authority as a greenhouse gas permitting authority in

24 Texas. For not only do these plants represent hundreds of

25 millions of tons of CO2 emissions but will pave the way

Hearing January 14, 2011
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1 for how EPA and states apply EPA's best available control

2 technology permitting guidelines for GHG emissions. EPA

3 should require these plants to perform a robust and

4 meaningful BACT analysis for CO2, so as to set the bar

5 high for future facilities. Thank you very much.

6 MS. WILLIAMS: My name is Emily Williams.

7 I'm the development director of the Texas League of

8 Conservation Voters. Thank you for the opportunity to

9 come before you today and offer our thoughts on Texas

10 permitting programs.

11 As those gathered here today well know,

12 Texas is the only state in the union that refuses to

13 comply with federal law to address and control dangerous

14 and harmful carbon air pollution. The Clean Air Acts

15 requirement is that they relate to carbon pollution are

16 both reasonable and clear. Yet Texas Governor Rick Perry

17 and his appointed commissioners of the Texas Commission on

18 Environmental Quality thumb their nose at federal law

19 placing the Texas economy and jobs in jeopardy of putting

20 every Texan's health at risk.

21 These reasonable and clearly defined

22 requirements set forth by the EPA require the largest new

23 industrial facilities as well as those existing industrial

24 facilities undergoing major renovation to receive permits

25 and demonstrate that they are using the most advanced

Hearing January 14, 2011
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1 available technology to control carbon pollution before

2 they begin operating. In many cases this requirement is a

3 simple cost-effective and reasonable, is installing energy

4 efficient boiler systems for using clean air burning fuel

5 sources.

6 Yet Texas has filed a dozen legal

7 challenges of EPA regulations over the past year. For a

8 state with an estimate budget shortfall of 27 billion over

9 the next biennium. Governor Perry, Attorney General Greg

10 Abbott and TCEQ are doing a grave disservice to Texans by

11 both wasting tax-payer dollars and threatening air quality

12 and public health.

13 And to date, adding insult to injury, most

14 of their legal challenges have been rebuffed, including

15 this week's ruling on the states GHG program by a three

16 judge panel in DC circuit court that concluded that Texas

17 officials have not met the stringent required -- excuse

18 me. -- stringent standards required for stay. But the

19 Texas Attorney General and our Governor will not relent,

20 placing jobs, the state economy and clean air at great

21 risk. And they stand as the minority even in their own

22 republican party. Twenty-five other republican governors

23 are complying with the law on EPA requirements for

24 greenhouse gas emission reporting and permitting.

25 Governor Perry has charged that the requirements are

Hearing January 14, 2011
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1 antibusiness and unnecessary Washington regulation. His

2 antiWashington rhetoric may serve as a political far right

3 base, but is out of line and out of step with his own

4 republican counterparts across the U.S., as well as many

5 of the business that following the flexible permit or

6 greenhouse gas requirements.

7 Businesses simply want clarity, not the

8 legal limbo that Governor Perry and Attorney General

9 Abbott are subjecting to. For a state that prides itself

10 on its probusiness climate and record-setting job creation

11 prowess, it's move against the EPA couldn't be more

12 antibusiness and antijobs. Texas businesses are not able

13 to get legal pollution control permits they need to expand

14 business, hire more workers and quite literally fuel the

15 Texas economy until this state takes responsibility to

16 revise its outdated rules and come into compliance with

17 federal law.

18 The Texas League of Conservation Voters

19 believes the EPA does have a responsibility to help states

20 ensure public health and protect the public from harmful

21 pollution, especially when a state refuses to comply.

22 Texas could be moving toward a greener, cleaner energy

23 mix. And TLCV and our members continue to advocate in

24 favor of cleaner fuel sources and ultimately in due time

25 an abandonment of more highly polluting coal and petroleum

Hearing January 14, 2011
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1 coke for our state's power generation. We have an

2 opportunity to move the state forward on job creation and

3 clean energy economy by following the lead of 49 other

4 states, including 25 led by republican governors and

5 complying with reasonable federal law. Instead political

6 posturing has hamstrung us and costly lawsuits and appeals

7 will further strain the State's perilous budget situation.

8 TLCV and our members believe that

9 conservation and clean air are not partisan values, but

10 Texas values. We will remain steadfast in our commitment

11 to educate and empower Texas voters and elected officials

12 on a path war that ensures continued prosperity while

13 protecting public health.

14 Thank you again for the opportunity to

15 provide testimony today.

16 MR. ARMENDARIZ: Great. Thank you to you

17 both. All right. Our next two speakers are

18 Representative Lon Burnam and Ms. Ginger Simonson. Also

19 now introduce and welcome Howard Hoffman from EPA's office

20 of general counsel in Washington, D.C.

21 MS. SIMONSON: Good morning. My name is

22 Virginia Simonson, S-I-M-O-N-S-O-N. And I'm a resident of

23 Flower Mound, Texas. Thank you very much for giving me

24 this opportunity to speak.

25 First, I want to voice my support for

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1 EPA's action to regulate greenhouse gases in Texas. In a

2 republic such as ours the federal government had the

3 authority and the responsibility to take actions for the

4 common and collective good of all citizens of the

5 United States of America. The federal government

6 routinely discharges this type of authority through such

7 things as a military force for the common defense and

8 through national mints that provide common currency.

9 Likewise, in 1970 President Nixon and

10 congress recognized that the federal government also has

11 the responsibility to ensure clean air and water standards

12 to protect individual health and the environment across

13 America. If the state of Texas refuses to execute a clean

14 air program that meets federal requirements then it is

15 incumbent upon the federal government, through you the

16 EPA, to do this.

17 Second, I hope that both the state of

18 Texas and the EPA will agree to work together to meet the

19 significant challenges we face in obtaining clean air

20 standards in north central Texas. Adding greenhouse gases

21 to the prevention of significant deterioration program is

22 just a start. But as Dr. Al noted when he was a professor

23 at SMU, the emissions that spew into our air from

24 hydraulic fracturing of natural gas present a significant

25 emerging threat to our air and consequently to our health.

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1 So at a time when many parts of our country are reaping

2 the benefits of the Clean Air Act of 1970, as well as the

3 revision signed into law by President George Herbert

4 Walker Bush in 1990, the county that I live in, Denton

5 County, just north of here, has shown progressively worse

6 air quality as gas drilling activities have steadily

7 increased.

8 The American Lung Association gives Denton

9 County an F in air quality. And that failing grade

10 doesn't fully capture the health threat posed by volatile

11 organic compounds and other greenhouse gases like methane

12 released by compression facilities condensates and gas

13 wells being fracked. It is no wonder that the risk for

14 cancer and respiratory disease in my county is 25 percent

15 higher than the national average. And my town of

16 Flower Mound has had to call in the Texas Cancer Registry

17 at the Texas Department of State Health Services twice in

18 the last three years to investigate potential clusters of

19 thyroid cancer and leukemia. As you may know, a cancer

20 cluster study simply looks at the actual number of cases

21 of a particular type of cancer in an area and then

22 compares that number to what would have been expected

23 based on state cancer rates. In 2008, our thyroid cancer

24 cluster, the DSHS observed 11 women with thyroid cancer in

25 my zip code of 75022. Based on the state incident rates

Hearing January 14, 2011
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1 they expected much less than that. I'm going to skip past

2 some of my testimony on childhood leukemia, but I will

3 provide that to you in a written format.

4 So why am I telling you about cancer when

5 you want to know if I support EPA intervention in Texas.

6 I suppose one reason that I feel, it's a moral imperative

7 to raise awareness about the effects of pollution and an

8 even stronger moral imperative to get someone interested

9 enough to take immediate action to definitively determine

10 whether or not emissions from rapidly expanding gas

11 drilling activities in north Texas when added to our

12 already polluted air are direct or indirect triggers for

13 cancer.

14 For the record, my job as a United States

15 Army officer for 24 years included the frequent need to

16 troubleshoot problems make system-wide investigations,

17 identify root causes and then propose solutions. As I've

18 immersed myself in the studies related to pollution

19 emissions and health effects. There's no doubt in my mind

20 that a linkage exists between these activities and human

21 disease.

22 And speaking of conclusions, I want to end

23 my testimony with an observation. The disagreement

24 between the EPA and the state of Texas is not about

25 state's rights. It is about Texas assigning greater

Hearing January 14, 2011
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1 weight to corporate rights right now to pollute over

2 individual rights for clean air. The discussion should be

3 about our reasonable expectations that governments in

4 every level will take responsible and reasonable efforts

5 to protect our health. Unfortunately, many municipal

6 governments and our own state government in Texas seem

7 unwilling to acknowledge any of these potential threats to

8 the health and environment. It's clear that no political

9 will exists to mandate those cost-effective vapor recovery

10 and emission control devices that would cut pollution in

11 our air. So when the federal government has to step in,

12 we welcome you to do that and I hope you'll continue to

13 step in and mandate even more vigorous enforcement of the

14 Clean Air Act.

15 Thank you for your time and attention.

16 MR. BURNAM: Good morning, Dr. Al and

17 panelists. My name is Lon Burnam, B-U-R-N-A-M. I'm a

18 state representative from Fort Worth and the constituency

19 that I represent is a little over 150,000 residents of

20 Fort Worth. I'm proud to be here today. I'm here

21 specifically to clarify the record. The Lone Star State

22 is a really wonderful place to live, but unfortunately

23 frequently we're the lone outlier with regards to cleaning

24 up the air. In this case it's clear, the Governor's

25 office and the Attorney General's office are not

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1 interested in complying with the law. So I'm here on

2 behalf of myself and an overwhelming majority of my

3 constituents who frequently thank me for my work on behalf

4 of cleaner air but are not frequently able to attend

5 hearings during the middle of the workday in Dallas. So

6 on behalf of them, I want you to know that I support EPA's

7 efforts to address the inadequacies of the Texas air

8 permit rules. I support EPA's partial disapproval of the

9 SIP. I support the immediate institution of the federal

10 limitations plan under the circumstances.

11 I want to share with you and the audience

12 just a few facts that many of you already know. The

13 proposal and reviews about the making the SIP flexible

14 enough to address greenhouse gases as air pollutants.

15 This is not about whether greenhouse gases are harmful to

16 human health, that is well established. And the people in

17 the Governor's office and the AG's office who want to

18 argue that point are the original founders of the 21st

19 Century Flat Earth Society. They need to get over it and

20 move on.

21 Texas ranks seventh in the world on CO2

22 emissions and Texas has a $14 billion agricultural

23 industry that is at risk of severe drought because we're

24 not adequately addressing these problems. The state

25 climatologist has said that it is irresponsible not to

Hearing January 14, 2011
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1 plan for the effects of rising temperatures. And I

2 carried legislation last session urging all state agencies

3 to make appropriate plans for what we're going to see to

4 our coastal area, our island because of what's happening

5 with global warming. The Attorney General's office

6 insistence on pursuing this action to the Supreme Court is

7 irresponsible and arrogant in the context of our current

8 state budget shortfall. I am tired of the governor's

9 office and the Attorney General's office using state funds

10 to promote their ideological agenda and I hope other

11 Texans inform them of that.

12 We want the state to keep permitting

13 authority. TCEQ needs to cooperate with the EPA. They

14 have not been cooperating with you and I appreciate your

15 injecting yourself in the process. I am in the process of

16 and I've discussed this with the ED of TCEQ yesterday. I

17 will be urging them to stop fighting EPA's attempts to

18 protect Texans. And I will urge them to stop creating

19 regulatory uncertainty for Texas business. This is a key

20 concern that we should all be aware of. You are moving

21 forward where the state has been in retrograde addressing

22 the issues. Business wants certainty in the regulatory

23 environment. And the irresponsible activity of the

24 Governor and the Attorney general's office is denying them

25 that certainty. We need the state to fulfill the state's

Hearing January 14, 2011
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1 duty to implement the Clean Air Act.

2 As a clean air activist since returning to

3 north Texas in 1975, it's been my experience that

4 consistently we have had failed leadership in this manner.

5 Until TCEQ fosters a proper partnership with the EPA, I

6 support the EPA's attempts to protect Texas business by

7 allowing them to operate under valid permits.

8 And I appreciate your attempt to protect

9 the public health. As an asthmatic who in recent years

10 has had to start carrying my emergency spray with me

11 wherever I go. I'm sick and tired of being sick and tired

12 because the people in Austin not doing their job. Thank

13 you for doing your job.

14 MR. ARMENDARIZ: Thank you both. I'd

15 like -- now like to ask John Rath and Rita Beving to come

16 to the table.

17 MR. RATH: Good morning, Dr. Armendariz

18 and EPA representatives. My name is John Rath, that's

19 R-A-T-H. Thank you for the opportunity to come to talk to

20 you. Thank you for your continual focus on sound science

21 even in the face of some political adversity, for making

22 sound decisions. I really appreciate that. I'm a dad.

23 I'm an educated citizen of Tarrant County and Texas. I

24 have a health science educational background. And I'm

25 proud executive committee member for the Lone Star Sierra

Hearing January 14, 2011
27

1 Club Chapter. I support your efforts to regulate

2 greenhouse gases when the state won't. I support your

3 courage for that.

4 I firmly believe as a -- as a veteran of a

5 fortune 50 company for 25 years that what you're doing is

6 good for health and it is good for business. From all the

7 reading that I've done as a citizen, researcher it seems

8 like there's a consensus among the scientific community

9 that greenhouse gases are bad, period, and that we need to

10 do something to reduce and regulate. So there are many

11 people like Dr. Carman and representative Burnam that can

12 give you-all the specifics and the stats and the data.

13 What I'd like to do is just make what I consider three

14 common-sense points.

15 Number one, greenhouse gases are bad.

16 They come from fossil fuel burning and they usually carry

17 with them other bad things, other bad gases. This is just

18 a citizen's viewpoint.

19 Number two, your opponents of this will

20 claim economic disaster. Well, I've heard economic

21 disaster in my lifetime around seat belts, air bags,

22 nutrition labeling, reduction of acid rain and none of

23 them have played out. In fact, businesses have profitably

24 adapted to those things quite well.

25 And number three, opponents are quick --

Hearing January 14, 2011
28

1 very quick to tell us about the cost of regulations and

2 complain about it. Yet I don't ever hear them acknowledge

3 the societal costs of things like greenhouse gases and

4 other toxins being put into the air and water. Not only

5 for citizens in general but for their customers. And I've

6 often found that pretty interesting.

7 So I just want to say thank you once more

8 for taking the courageous action in the face of at least

9 adversity in Texas. I encourage you to keep it up and

10 whatever I can do, be it contact my -- my U.S.

11 representative or senators to help your efforts, I would

12 like to know what I can do and I'll be glad to do it.

13 Thank you very much.

14 MS. BEVING: Good morning. My name is

15 Rita Beving. I reside here in Farmers Branch, Texas.

16 Today I speak to you as a public citizen representative on

17 the North Texas Clean Air Steering Committee, not on

18 behalf of that committee, but as a voting member of a body

19 who is charged with developing proposals and initiatives

20 by which D/FW can clean up its own air quality for its

21 regional state implementation plan.

22 First, I would like to applaud how the EPA

23 has stepped in to protect the citizens of Texas since our

24 Governor and state environmental agency refuses to

25 properly consider CO2 emissions in its permitting process.

Hearing January 14, 2011
29

1 It is a sad day but a necessary one when the EPA is

2 compelled to step in to protect the public because our own

3 governor and state environmental agency when asked refuses

4 to step up and revise its own outdated state

5 implementation plan to comply with the federal Clean Air

6 Act.

7 As someone mentioned earlier, Texas is the

8 only state in the union that refuses to comply with new

9 federal laws put in place by the EPA on January 2nd in

10 order to control dangerous and harmful carbon pollution.

11 The regulation of CO2 is long overdue and frankly the

12 debate is over whether it is necessary to regulate

13 greenhouse gases.

14 The Clean Air Act requires that the

15 largest new industrial facilities as well as existing

16 facilities doing major construction receive air permits

17 based on the installation of the best available control

18 technology or BACT for carbon pollution, before they are

19 allowed to build and initiate operations. The requirement

20 to level the playing field for the -- for these industries

21 that are stack industries and energy plants to operate in

22 a cleaner and more efficient manner has long been overdue.

23 The implementation of the CO2 rules and the permitting

24 process will help make that happen and in turn clean up

25 the air while protecting the public. The same process has

Hearing January 14, 2011
30

1 been successfully already employed for years to monitor

2 and to reduce dangerous pollutants such as NOx, VOCs and

3 SO2 in our air.

4 Because the SIP plan was not updated by

5 our state environmental agency, the EPA must become the

6 Texas's permitting authority on greenhouse gases. Without

7 this action by the EPA, major industrial projects may be

8 delayed simply because Governor Rick Perry will not follow

9 federal law, putting Texas business at a disadvantage and

10 public health at risk. Without immediate action by the

11 EPA this month, Texans would have been once again exposed

12 to more pollution than the rest of the nation. And some

13 of Texas's largest businesses may not receive the

14 pollution control permits they need to grow in order to

15 build, hurting the state's economy and jobs. And these

16 companies may very well go elsewhere to other states to

17 avoid the delay this grandstanding on CO2 may cause.

18 Other states across the nation are in line already to

19 revise their old rules and protect its citizens and their

20 businesses. Texas will be put to an economic disadvantage

21 with its refusal to comply with the law while other states

22 make progress in moving forward.

23 Today more than 4 million children in

24 Texas in urban areas like D/FW are at risk due to

25 pollution. If Texas won't implement the necessary

Hearing January 14, 2011
31

1 safeguards to protect Texans' health and the state economy

2 under the Clean Air Act then I applaud the fact that the

3 EPA will. Thank you.

4 MR. ARMENDARIZ: Okay. Next up will be

5 Dallas County Treasurer Joe Wells Mr. Zack Waterman.

6 MR. WELLS: Thank you for this

7 opportunity. My name is Joe Wells. It's W-E-L-L-S. I'm

8 the elected Dallas County Treasurer of Dallas County. I'm

9 a resident of Dallas County, live in Grand Prairie. And

10 I'm a grandfather. And I wanted to just come by and

11 briefly say that I support the Environmental Protection

12 Agency's action. I served for ten years on the North

13 Central Texas Council Governments Air Quality Advisory

14 committee. I did that during the time that the Clean Air

15 Act amendments of 1990 were enacted. I'm familiar with

16 those amendments.

17 There is a 20-year history of that law

18 causing progress in terms of better health of protection,

19 environmental protection and economic benefit from

20 implementing those protections. I believe that your

21 actions will generate the same kind of economic benefit

22 that the 20-year history has demonstrated. And somebody

23 is responsible in my official capacity for Dallas County.

24 We need a sustainable growing tax base, for that to happen

25 we need to comply with federal and environmental laws so

Hearing January 14, 2011
32

1 that we can grow sustainably.

2 In terms of being a grandfather I think

3 our generation owes the next generation to come an effort

4 to make progress to address what are clearly serious and

5 environmental and health effects. And I think that the

6 Clean Air Acts -- that you have a duty to do what you're

7 doing and I completely support it. And I think that

8 you're having to do it, the federal government is having

9 to step in because the state of Texas has failed, I think,

10 unfortunately, for political reasons rather than for

11 policy or scientific reasons. So I just came to say I

12 support what you're doing.

13 MR. WATERMAN: How's everybody doing

14 today? So my name is Zack Waterman. And I work for the

15 environmental organization Greenpeace. I drove up here

16 this morning from my home in Austin. And I came here to

17 speak up for the many communities across Texas that are

18 bearing the cost of Rick Perry's polluter first policies.

19 Despite the best efforts of the fossil

20 fuel industry and their lobbyists and their friends in

21 government, EPA has moved forward with modernizing health

22 and environmental protections from pollution coming from

23 the many coal-fired power plants across our state. The

24 latest example is EPA's decision to regulate the dangerous

25 greenhouse gas emissions. While the other 49 states have

Hearing January 14, 2011
33

1 worked with EPA to develop plans to implement these new

2 protections, Rick Perry has once again decided to ignore

3 federal environmental laws. Sadly, no other state is more

4 in need of these increased protections than Texas.

5 Currently we consume more coal than any other state in the

6 nation and the consequences are simply devastating.

7 As Perry does the bidding for industry,

8 pollution from coal-fired power plants kills over 10,000

9 Americans prematurely each year. Right now communities

10 from across our state are paying the price with asthma,

11 heart attacks, cancer and neurological damage caused by

12 this process of burning coal. Wouldn't you believe it,

13 they're trying to build 12 more.

14 Perry's toxic legacy is measurable. Today

15 Texas leads the nation in mercury pollution, carbon

16 pollution and smog. The list goes on. Perry and his

17 polluters in Texas are trying to weasel their way out of

18 their legal obligation to rein in carbon pollution. This

19 is just the latest in a pattern of Rick Perry and Texas

20 coal companies breaking laws that protect people's lives.

21 I wonder if the massive campaign contributions he's

22 received from dirty energy companies have anything to do

23 with his staunch support of corporate polluters. Given

24 Rick Perry's refusal to follow the law, EPA has the legal

25 obligation and a moral duty to intervene to protect the

Hearing January 14, 2011
34

1 well-being of Texans. Ensuring that Texas follows the

2 latest greenhouse gas regulations is a start but we need

3 much more than that from the EPA. It's way past due for

4 EPA to force Texas to follow all federal environmental

5 regulations. Perry's turn is over and it's time for you

6 guys to get to work. I really appreciate y'all coming

7 here today, but there's a lot more that needs to be done.

8 This is just the first step, I hope. Thank you very much.

9 MR. ARMENDARIZ: Okay. Next will be

10 Kendal Martel and Daniel Licuio.

11 MS. MARTEL: Hello. My name is Kendal

12 Martel, K-E-N-D-A-L. I am 23 years old. I'm an activist

13 with Greenpeace, but more than that I'm a citizen. And

14 being so young, I should be looking forward to the future

15 and the exciting things that it holds for my generation.

16 However, I regret to admit that more and

17 more I'm only seeing an increase in environmental

18 degradation and a decrease in leadership. During my teens

19 I lived 25 minutes from Baytown, Texas where the

20 ExxonMobil oil refinery continuously broke clean air laws,

21 to be exact over 1,000 times in five years. And the thing

22 that boggles my mind is this, that this was self-reported.

23 We had high levels of hexene, benzene, formaldehyde,

24 reproductive toxiates in our water, in our air, in our

25 food. And I definitely saw the repercussions of that. I

Hearing January 14, 2011
35

1 am tired of every single week hearing of somebody new that

2 has cancer that I know. I'm tired of being afraid to

3 drink my water. And I'm tired of living in the most

4 polluted state in the nation. But more importantly, I'm

5 angry. And I'm angry that dirty oil money can influence

6 our leaders more than the needs of citizens. I'm angry

7 that my health, my future and my welfare are compromised

8 by corporate interests.

9 And I would like to remind Governor Perry

10 in Texas that the best contributor to a healthy economy is

11 healthy people. And furthermore, dirty oil money doesn't

12 necessarily contribute to a healthy democracy either. And

13 I think that that's something that we're all here rooting

14 for.

15 So it's time for somebody to take a stand.

16 And I'm very pleased that the EPA is protecting us from

17 Perry's defiance of the laws that would protect his own

18 citizens. But make no mistake, we are going to hold the

19 EPA just as accountable and hopefully you will follow

20 through. And so we're asking that you have the courage

21 and we're asking that you lead. And it's horrifying that

22 we have to fight with our government to save the air that

23 we breathe, the water that we drink and the land that we

24 depend upon on.

25 Like I said, I'm here as an activist and a

Hearing January 14, 2011
36

1 citizen. And I'm asking the EPA to protect not only

2 Texas, not only Americans, but also human beings. And I'd

3 also like to end with a quote. And I'd like everybody to

4 think really deeply about this. And it's because we don't

5 think about future generations they will never forget us.

6 And so I'd like the EPA to think about the legacy that

7 they would like to leave behind and act accordingly.

8 Thank you.

9 MR. ARMENDARIZ: We just hit 11 o'clock,

10 so -- oh, I'm sorry. Please go ahead.

11 MR. LICUIO: All right. You'll have to

12 excuse my voice. I flew in from Corpus Christi this

13 morning and I'm suffering a series of up sediments and it

14 kind of flares up the allergies down there, and I'm sure

15 that's something some of you-all are familiar with.

16 I just want to tell you about some of the

17 things that are going on down here. I know that you heard

18 a lot of public comments about some of the health

19 effects. And I certainly share a lot of those concerns.

20 Corpus Christi in particular is at the crossroads of these

21 issues concerning greenhouse gas emissions. If you talk

22 to -- and you don't always get this, but if you talk to

23 developers in the area looking to build in island areas,

24 you can't find insurance right now. The insurance

25 companies are well aware of the rising sea levels that we

Hearing January 14, 2011
37

1 face for the next 50 to 80 years because of greenhouse gas

2 emissions and we've lost a shoreline, a lot of our beach

3 to that already. As well as other erosion issues. We

4 have in Corpus Christi -- I don't know if you're aware --

5 some of the worst asthma rates in the entire state of

6 birth defects that come from the industrial pollutants

7 through the port. Our port is the fourth largest deep

8 water port in the United States. And you can see some

9 attraction there for industry, but that also attracts a

10 large amount of pollutants.

11 Specifically dealing with greenhouse gases

12 there's a plant right now that's being proposed

13 Las Brisas in the Corpus Christi area. Within two miles

14 of a population center, this single plant will increase

15 industrial pollutants 82 percent in our county alone.

16 That's cumulative -- compared to the cumulative

17 emissions -- NOx emissions of all the other plants. I

18 don't see how a plant like that could skirt by under the

19 Clean Air Act. I know that there is -- there's precedence

20 given to the EPA and certainly legal precedence in other

21 cases like Massachusetts versus EPA, where you not only

22 have the authority to enforce greenhouses gases but the

23 obligation to. And what you're facing in Corpus Christi

24 particularly and across the state is the moral obligation

25 dealing with protecting public health and giving

Hearing January 14, 2011
38

1 businesses the steady environment for regulation or not

2 complying with the law. But I'm glad to see that you're

3 hearing that we're hosting discussions about this, but we

4 really need to see some actions down there in

5 Corpus Christi lest we lose our community, our natural

6 resources and our people. Thank you.

7 MR. ARMENDARIZ: Thank you. Let's -- we'd

8 like to invite up now Flavia de la Fuente and Elida

9 Castillo.

10 MS. de la FUENTE: Good morning. My name

11 is Flavia de la Fuente, F-L-A-V-I-A, D-E, L-A,

12 F-U-E-N-T-E. Thanks for having us today. So my name is

13 Flavia de la Fuente, and I am 22 years old. I live in

14 Austin and I'm a Texan who's interested in having a

15 cleaner future. It bothers me that while the rest of the

16 country is moving forward and adopting programs based on

17 both fact and science, this state's leadership refuses to

18 do so on the basis that it doesn't want to. Without

19 immediate action by the EPA this month, Texas will once

20 again be exposing its citizens to more pollutants, putting

21 all of us who live here at a concrete disadvantage.

22 Governor Perry is putting the health of Texas citizens at

23 risk by refusing to enforce limits on dangerous

24 pollution. His policies have caused Texas to lead the

25 nation in bad air. I know a lot of people in the Houston

Hearing January 14, 2011
39

1 ship channel. I know a lot of people in Corpus Christi.

2 I have a friend from Freeport. And I've met farmers from

3 central Texas whose livelihoods have been ruined by

4 pollution. There's too much cancer, too much asthma, too

5 many birth defects, too much pollution. People are

6 struggling to survive and our leadership won't take the

7 simple regulatory steps to do something about it. It's

8 time for Governor Perry to follow the law and address our

9 pollution problem. Thank you for stepping in and fully

10 enforcing the Clean Air Act. Thank you for your time.

11 MS. CASTILLO: Good morning. My name is

12 Elida Castillo, E-L-I-D-A, C-A-S-T-I-L-L-O. I am a fourth

13 generation resident of Taft, Texas, a small town located

14 outside of Corpus Christi. I would like -- first of all,

15 I would like to thank you for allowing us to express our

16 thoughts on the real issue that affects the rest of the

17 country not just Texas, pollution from greenhouse gases.

18 Contrary to what our Governor believes,

19 Texas's wind is not stationary. That being said, it's

20 unfortunate that our state's political leaders have

21 allowed the situation to get to this point, but this is

22 where we need you, the Environmental Protection Agency, to

23 step in and take over the permitting process. Our ears

24 through the Texas Commission on Environmental Quality have

25 failed to listen to the citizens of the state by

Hearing January 14, 2011
40

1 continuing to put special interests before public health.

2 When the argument made is that this is violating state's

3 rights or that this will affect the livelihood of the

4 thousands of Texans. I know they have not listened to us

5 or have seen what I have seen. They have not seen young

6 children deprived of playing outdoors because of their

7 respiratory illnesses. They have not watched as a parent

8 is in need of a nebulizer to assist them with breathing

9 where the air quality is bad. They have not seen the

10 vehicles exiting local refineries covered with the

11 substance that makes you wonder what exactly am I

12 breathing in. And they have not listened to the citizens

13 of this great state when they say, Yes, we need jobs but

14 not at the expense of our health.

15 I am able to compare and contrast the past

16 and the future where I live. My small town is surrounded

17 by wind farms, a source of renewable energy and a boom to

18 the local economy. Yet what makes our location so perfect

19 for one positive thing, also brings a negative, pollution

20 from the local refineries. So clean air does not happen

21 overnight, but I challenge you to take charge and lead us

22 in that direction.

23 The state has had more than enough time to

24 clean up its act and continues to fail to do so. So the

25 actions that you take today will not have an impact on our

Hearing January 14, 2011
41

1 lives, but on those of the generations to come. It is my

2 prayer that we look at the big picture for once and think

3 about the future. Economies may be repaired, businesses

4 may come and go, but we only have one life and one earth,

5 what's more important? Thank you.

6 MR. ARMENDARIZ: Okay. We're going to

7 take a short five-minute break now and then we'll resume

8 hearing testimony during the public hearing. Thank you.

9 (Recess was taken.)

10 MR. EDLUND: All right. We'll be resuming

11 the -- the hearing. 11:26 thereabouts. Dr. Armendariz

12 is -- had responsibilities. He had to return to the

13 regional office. I'm Carl Edlund, I'll continue on as the

14 panel lead. We're joined by Tom Diggs, the associate

15 director of EPA's Region Six for air pollution. And so

16 we're glad to have you on board, Tom. Okay. Why don't we

17 resume with -- I knew that there was a Ms. Sharon Wilson

18 was scheduled to come up, but apparently the thing is not

19 working.

20 MR. EDGERTON: I should be able to have it

21 shortly.

22 MR. EDLUND: We'll have it shortly. So

23 Sharon, if you wouldn't mind why don't you wait just a

24 minute. And we'll invite up Dr. Leveson and Rebecca Lyons

25 up to make their comments.

Hearing January 14, 2011
42

1 MR. LEVESON: Hi, my name is Jim Leveson.

2 I'm a chemist. I came to Texas 40 years ago, the last 38

3 I've worked in Dallas.

4 While working in Dallas I've gradually

5 seen the air deteriorate. And as I drove up and down

6 Central Expressway to work, I noticed one of the changes

7 was that while pollution gradually got thicker, it

8 developed a brown color. A brown color is nitrogen

9 dioxide. I've seen the quality of air deteriorate. I've

10 developed a cough of 20 years that's being investigated

11 that is the consequence of deteriorating air quality.

12 This is the only civilized country that I know that is

13 going the wrong way when it comes to pollution. Many of

14 the cities that -- I've lived in London and England. I've

15 seen pink fogs, yellow fogs, purple fogs. Actually London

16 has got rid of that. And there's attempts everywhere,

17 except in Texas, to get rid of pollution.

18 When it comes to the issue of carbon

19 dioxide. I've seen the arguments that the system we're

20 seeing has occurred before. It has in geologic times.

21 There's been volcanic ash that released 1,000 to 2,000 of

22 gigatons of carbon into the atmosphere. It did it slower

23 over about a 1,000 to 2,000 years, but nevertheless, back

24 then it caused mass extinctions. What are the figures

25 today? The figures for 2009 we got 9 gigatons of coal out

Hearing January 14, 2011
43

1 of the earth. That's worldwide. We burnt 3.6 gigatons of

2 oil in 2008. Add those two together you get 12 and a half

3 gigatons. To get to the upper limit would take

4 approximately 160 years. Have we got ample time? The

5 answer is no. The clock is already ticking. It's been

6 ticking for several hundred years because we've been

7 digging this stuff out of the ground.

8 We see changes. We see polar bears

9 drowning because they can't swim between the ice swales in

10 the north. We see Australia in shipping about icebergs

11 that are floating off the Antarctic. We see things like

12 insects moving north. The pine beetle is attacking trees

13 further north and higher up the mountains than ever

14 before. The Audubon Society have shown over 40 years the

15 migratory patterns of birds have been moving north in the

16 continental United States. We've seen tropical diseases

17 coming to Texas. Dengue fever is already in the Valley.

18 All these facts, they are facts, is ignored.

19 It's all happened before -- yes, it's all

20 happened before, but we're making a major contribution, if

21 you choose to ignore the scientific fact and the logic of

22 this, then I would ask: If this is God's country, you can

23 stick a pipe down in the ground and get water. And in the

24 past you could stick a pipe down in the ground and get

25 oil. When you have to start tearing up the tops of

Hearing January 14, 2011
44

1 mountains to get to the coal, that men have lost their

2 lives digging in tunnels to get the filthy stuff out of

3 the ground, the oil is buried one mile under the ocean and

4 then two miles under the ocean there, perhaps somebody is

5 trying to tell us leave the damn stuff alone. Because

6 whoever is digging it out and pumping it out they're

7 damning us as a race. We may disappear as a nation.

8 I've worked in a lab and since 1988. I

9 was responsible for bringing the lab into compliance over

10 the issue EPA and OSHA received, so I'm well aware of the

11 EPA and I support them entirely. I think they've used

12 wisdom, often in a very antagonistic environment. And I

13 think many of these gentlemen they get my -- deserve my

14 support entirely. Thank you.

15 MR. EDLUND: Thank you. Ms. Lyons.

16 MS. LYONS: My name is Rebecca Lyons.

17 That's L-Y-O-N-S. And I am a resident of Corpus Christi

18 Texas and a student at Texas A&M University

19 Corpus Christi.

20 So I wanted to thank you for allowing me

21 to come and speak in support of the EPA's proposed

22 regulation on greenhouse gases. I have been born and

23 raised in Corpus Christi, Texas. And I have become aware

24 and I have come to realize that there are serious health

25 risks of living near chemical refineries and polluters. I

Hearing January 14, 2011
45

1 actually lived just a couple miles away of downtown, a

2 couple miles away from many of these industrial polluters.

3 I can see some of them from my window. And so I've taken

4 the time to educate myself on these -- the health risks of

5 living near this polluted area. I'm not a scientist, just

6 a student, but I am a Texan, you know, a student, a future

7 teacher and I am really concerned about the future of not

8 only my hometown and my state, but the whole

9 United States.

10 As you know and everybody here knows

11 probably, especially people who are well-versed in this,

12 greenhouse gases are pollutants. But the problem is that

13 the average citizen and most people don't know about that

14 and they don't know about the health effects that they're

15 living in, especially in Texas. And so I'm here on behalf

16 of, you know, my family and my friends and my community.

17 And we are here and everyone else is here that is speaking

18 in support of this because, you know, we are standing up

19 for what we believe is right. We believe that as informed

20 citizens we have a right to call upon our government, upon

21 EPA to protect its citizen, so that's why we are here

22 today.

23 Personally, I am young. I'm probably the

24 youngest person in here. But I live in a community where

25 such plants such as Las Brisas are being proposed where

Hearing January 14, 2011
46

1 they're going to come in and, you know, it would kill our

2 environment and it would kill our people. And so I

3 understand that the actions that I take and everybody else

4 here takes that you would take today and each and every

5 day. We are not making them to, you know, make our own

6 lives better, but we are making them for the future and

7 that is entirely the whole point of this. You know, if we

8 are to be truly environmentally conscious, which involves

9 being conscious of everybody else, we must understand that

10 Texas is a really big state, but the earth is bigger. And

11 so the more that we protect our individual cities and

12 individual states, the more that we can help the earth and

13 mankind as a whole, we can live longer and have a better

14 life. And so I really wanted to thank you and I support

15 the EPA's proposed regulation of greenhouse gases.

16 MR. EDLUND: Thank you.

17 Okay. Next we have Sharon Wilson and Bob

18 Fusinato. Then I think we have two more then that will

19 close us out for the morning.

20 MS. WILSON: Hi, I'm Sharon Wilson with

21 earth -- W-I-L-S-O-N, with EARTHWORKS Texas Oil and Gas

22 Accountability Project.

23 Thank you EPA for this opportunity to

24 comment and thank you for intervening in Texas. We

25 support your proposed greenhouse gas regulations. I

Hearing January 14, 2011
47

1 brought a video that's not rolling yet. I brought a video

2 to show in case there might be a few people who still

3 haven't seen that huge elephant in the room that is

4 passing massive amounts of greenhouse gas.

5 MR. EDGERTON: I'm sorry. This is still

6 not working. Let's try it again.

7 (Playing video.)

8 MS. WILSON: Natural gas is methane, a

9 major cause of global warming. I'm just going to keep

10 talking. Natural gas is methane, a major cause of global

11 warming. Natural gas dissipates into the air where it is

12 released in the form of methane, which is 20 to 30 times

13 more potent as a greenhouse gas than carbon dioxide. This

14 video shows how lax regulation and reckless operations

15 allow massive amounts of methane to escape into our air.

16 Methane is a surrogate gas bringing with it from deep in

17 the earth other hazardous air pollutants. Families are

18 exposed to these toxic chemical compounds when natural gas

19 facilities are installed in our neighborhood, often only

20 feet from homes, schools, parks, churches and hospitals.

21 Residents are being forced from their homes by air

22 emissions which are neither measured nor mitigated in any

23 regulated consistent fashion.

24 If natural gas is not covered in the new

25 greenhouse gas rules, it must be. Texas does not measure

Hearing January 14, 2011
48

1 methane releases. We need systematic monitoring and

2 measurement to understand how much we are putting our

3 climate at risk for natural gas extraction. Industry

4 ensures us drilling is just getting started. Many areas

5 are already saturated, so existing sources must be

6 included. There are approximately 600,000 natural gas

7 wells across America and half of those are in Texas. The

8 climate impacts and health impacts are enormous. A

9 partial inventory of Barnett Shale natural gas equipment

10 was released last summer. There were nearly 50,000 pieces

11 of equipment with the potential to release toxic compounds

12 into our air. This equipment should be aggregated so

13 emissions are considered one source rather than counting

14 the emissions from each piece of equipment separately.

15 I am the go-to person for those affected

16 by drilling in Texas. I'm a collector of the sad stories

17 from victims. Families are leaving their homes under

18 doctors' orders. Recent TCEQ testing detected 65 of the

19 84 compounds on a lot where a high school band practices.

20 Parents drop their children off for early morning band

21 practice on an athletic field covered in smokey fumes from

22 natural gas extraction activities. On November 12, 2010,

23 TCEQ measured 96 parts per million VOCs on their toxic

24 vapor analyzer in a family's backyard. Mothers fearful of

25 exposing their children to constant emissions are sending

Hearing January 14, 2011
49

1 them away for extended stays with family and friends.

2 Residents report a wide range of health effects, including

3 abnormal menstrual bleeding, nose bleeds, rashes,

4 health -- chest pains, heart palpitations and difficulty

5 breathing, asthma attacks, dizziness and difficulty

6 concentrating and overwhelming fatigue.

7 I apologize for our Governor's poor

8 judgement. Rick Perry is wasting our tax money with

9 political grandstanding that is nothing more than

10 campaigning for his next political race. His recent

11 reelection proves there is one thing, one thing only that

12 he's good at, campaigning for political office. His

13 states rights rhetoric is dividing our communities and

14 allowing industry to trample our property rights and right

15 to healthy and safe environment. Those of us who live in

16 the gas patch have a saying about Texas politics, Put a

17 gas well in their backyard and watch how fast they stop

18 drinking tea. I've seen it happen hundreds of times.

19 Please intervene in Texas and save us from

20 ourselves. Thank you.

21 MR. EDLUND: If you will -- will you enter

22 that into the record, your video?

23 MS. WILSON: You can just keep it.

24 MR. EDLUND: Maybe download it and make

25 sure we have a copy of that.

Hearing January 14, 2011
50

1 MS. WILSON: I have hundreds more.

2 MR. EDLUND: That's fine. It will be good

3 to have that as part of the record. And just for

4 clarification, were the images that were infrared camera

5 used for some of those?

6 MS. WILSON: Right. If you could just

7 leave it rolling because I'd like to -- I guess it's too

8 late.

9 MR. EDGERTON: No, I haven't stopped it.

10 MR. EDLUND: We would like to get a copy

11 for the record and appreciate it. And can do that

12 electronically somehow?

13 MS. WILSON: Okay.

14 MR. EDLUND: Where are we? We had

15 Dr. Leveson. Bob Fusinato.

16 MR. FUSINATO: That's me. I was not going

17 to give you any help whatsoever. I just wanted to see if

18 you -- it was a test. Okay. I only have a few comments

19 this morning basically on regulation. And I'm speaking as

20 a citizen. I live in Richardson Texas. And my name is

21 Bob Fusinato, F-U-S-I-N-A-T-O.

22 And I do want to come here to thank you

23 for taking positive steps in regulating carbon here in

24 Texas. As a 30-year resident of the Dallas/Fort Worth

25 area, I can assure you that EPA's action to step in and

Hearing January 14, 2011
51

1 issue permits in this state is necessary if we're going to

2 accept responsibility for our share of greenhouse gas

3 reduction and acceptance of this responsibility. And for

4 the reduction of other pollutants associated with fossil

5 fuel consumption is necessary if we're going to

6 realistically assess options going forward.

7 As a former boss once told me, You only

8 get the quality you're going to accept. Since most of us

9 are not scientists or industry experts, we rely on you to

10 establish science-based facts with regard to public health

11 and safety now and in the future. We rely on you to

12 establish rules necessary to protect the environment which

13 we live. As you know Texas' air permitting program is

14 broken in multiple ways. And only you can protect our

15 health and ensure that Texas businesses move forward for

16 the assurance that they're doing so in an environmentally

17 responsible way. As we continue to grow as a state we

18 should expect that technology and practices that were

19 valid 100 years ago or even 50 years ago are not

20 acceptable now, and will be even less so in the future.

21 As citizens, we have a right to expect

22 that industry will move to adopt a more sustainable and

23 environmentally responsible technology going forward. I

24 believe that when government establishes firm

25 science-based requirements industry will find

Hearing January 14, 2011
52

1 cost-effective ways to meet them. Remember, striving for

2 quality is a continuous process and the only way to get

3 the quality you need is to insist on it. Like many people

4 today, I am concerned about the future of our country and

5 the planet. What worries me most are the resource and

6 environmental deficits that we will leave to our children

7 if we don't take firm action now. If we don't take care

8 of those issues now, no amount of money will fix it later.

9 Thank you.

10 MR. EDLUND: Thank you. Okay. I have two

11 more, Sal Mier and Ken Sambell.

12 MR. MIER: Good morning. My name is Sal

13 Mier. I live in Midlothian and I'm retired from the

14 Centers for Disease Control.

15 Thank you EPA for the positive steps you

16 have taken to protect Texas public health and welfare.

17 The welfare of many lives depends upon your success. As

18 in any business venture, the primary objective is to

19 minimize cost in order to increase profit. This is

20 morally acceptable as long as collateral damages are

21 factored in and addressed by the entities that cause them.

22 The struggle we have been facing in Texas is, who realizes

23 the burden for collateral damage caused by industry. Who

24 pockets the profits and who are unfairly burdened with

25 some of the cost. There is a strong pervasive political

Hearing January 14, 2011
53

1 force in Texas who's mission it is to protect industrial

2 prosperity by allowing some of the cost to fall elsewhere.

3 Consequently, the deterioration of public health is deemed

4 acceptable collateral damage that the public at large, not

5 the industries, should be willing to accept. Masking the

6 true motive as to why industrial prosperity cannot be

7 dampened by accepting responsibility for minimizing as

8 collateral damage fear is marketed via propaganda, such as

9 lights will go out, your cars will have no gas, families

10 will lose their jobs to China and our children will

11 starve. The real issue is the magnitude of the industrial

12 profit margin and the motivation is greed. The result is

13 a helpless have-to-shoulder-the-cost of any collateral

14 damage to protect the robust profit margin.

15 This pervasive propaganda machine in Texas

16 is strong and well oiled. The greater the industrial

17 profit margin, the stronger and more aggressive this

18 propaganda machine becomes. This machine is based on a

19 model that refuses to objectively, objectively consider

20 current and emerging science linking toxic air emissions

21 and their potential adverse impact on the welfare of Texas

22 communities. The resistance to invest in the most

23 effective pollution control is lauded while million are

24 spent in lobbying efforts and in mercenary scientists,

25 yes, mercenary scientists to ridicule, trivialize and cast

Hearing January 14, 2011
54

1 doubt on any science that might shed light on the

2 potential collateral damage to public health and on the

3 environment. There are large profits being made as well

4 as there are large costs to addressing consequential

5 collateral damage. The issues are: Who is responsible,

6 who pockets, who pays. Industry and the political

7 propaganda machine pocket the profits and the public at

8 large shoulders the cost of the collateral damage, which

9 includes among many other things diminished public health

10 and the cost of addressing it. Yes, Texas industries are

11 a vital part of our economy, no one is asking that our

12 industries disappear. We're only asking that they just be

13 responsible and that they reduce their potential for

14 collateral damage. EPA's success in getting Texas to

15 comply with federal laws is critical. Public health is

16 not an arena that should be open to compromise. As goes

17 Texas, so goes the nation. The powerless are depending on

18 you, sir.

19 MR. SAMBELL: Mr. Chairman, my name is Ken

20 Sambell. I live in southwest Arlington. I've lived there

21 for 49 years. And when I look to Dallas, I see a brown

22 cloud and this previously was not there. And now this

23 brown cloud every morning when I look east is sitting over

24 Dallas and it's an indication of the problems that we're

25 facing. So your hearing is very, very timely and very

Hearing January 14, 2011
55

1 urgent. I live in southwest Arlington and when the wind

2 is to the northwest the flume from the Midlothian

3 incinerators hits me fair and square. And if I leave a

4 car out overnight, the next morning on the windshield --

5 and I wipe the windshield with a tissue, that tissue is

6 black. And I am trying to get that analyzed to see what

7 soot is in there. I suspect it's got some bad toxic stuff

8 from the toxic incinerators in Midlothian. And I know

9 also that the ozone in this area in Tarrant and Dallas

10 Counties is approaching Harris County, which is the most

11 polluted county in Texas. And the consequence shortening

12 of life is very imminent. So please get this state under

13 the federal air quality specs. We badly need it. It

14 would be stupid to use anything less. Thank you.

15 MR. EDLUND: Okay. I believe that's it

16 for this morning. Thank you very much. And we'll make

17 sure that's in the record. So now we'll break for lunch

18 and reconvene at 1 o'clock. We have a large number of

19 people that want to speak and so open again at 1:00.

20 Thank you very much.

21 (Recess was taken.)

22 MR. EDLUND: Well, good afternoon. I

23 think we've got more people -- why don't we get started

24 again. I want to thank you-all for attending this. Good

25 morning -- good afternoon, I should say. This is a public

Hearing January 14, 2011
56

1 hearing where we're soliciting input. The Environmental

2 Protection Agency is soliciting input on proposed changes

3 to rules that affect preconstruction permits for large

4 facilities that emit greenhouse gas emissions.

5 My name is Carl Edlund. I'm the director

6 of the Region Six air division here in Dallas, and we have

7 Texas and we have four surrounding states is our

8 territory. And with us on the panel for this hearing we

9 have Tom Diggs to my right. He is the director of Region

10 Six air program. We have Raj Rao. Raj is with the Office

11 of Air Quality Planning and Standards in Research Triangle

12 Park in North Carolina. And Research Triangle Park folks

13 were very instrumental in helping us with the technical

14 aspects of the proposed regulations that we're talking

15 about, not only for Texas but nationally. We also are

16 joined by Peter Keller, he is also with the office of Air

17 Quality and Planning Standards and similarly involved with

18 these projects, the greenhouse gas projects. And

19 finally -- and finally we have Howard Hoffman. And he's

20 from our Office of General Counsel in Washington, D.C.

21 And he also has been very much involved with the

22 developing these proposed rules.

23 So -- now, the nature of this, it is a

24 public hearing. We do have a court reporter. And the

25 purpose of it is to solicit public comment on the

Hearing January 14, 2011
57

1 proposal. And I'll talk about the proposal in a second.

2 We're -- it's best that these hearings are -- the purpose

3 of these hearings is for us to gather that information.

4 And rather than debate issues or have cross-examination or

5 redirect, et cetera. However, if there are issues that

6 arise that need clarification, we have the panel available

7 for that to make sure the record is clear. And -- okay.

8 So now, why don't we describe a little bit what we're

9 talking about. On December 23, 2010, EPA issued a series

10 of rules for industrial facilities so that they could get

11 Clean Air Act permits for greenhouse gas pollutants, and

12 that's carbon dioxide plus five other contaminates that

13 can affect greenhouse gas concentration or global warming.

14 These permits are needed only for the largest sources of

15 greenhouse gas emissions. On the order of 75,000 to

16 100,000 times per year in emissions.

17 The EPA determined in December that it

18 made an error when we originally approved the Texas state

19 implementation for the state to do clean air permits. The

20 way the rules were written and the way we phrased our

21 initial approval was that -- that Texas could take on

22 greenhouse gas emissions if they became subject to

23 regulation. Texas has told us that they could not -- they

24 did not believe that they had the authority or the intent

25 to regulate those pollutants. So we took action on two

Hearing January 14, 2011
58

1 fronts. First, we issued an interim action that had the

2 Environmental Protection Agency be the permitting

3 authority for on greenhouse gas pollutants from major

4 sources in Texas, and it was issued as interim final,

5 which means it took effect right away for a certain time

6 period so that we would not have gap in permitting

7 authority. It would have taken effect on January 2nd.

8 But also we recognized that, you know, that's a major

9 change in state implementation of plan approval. And so

10 we proposed the same identical rule for public comment,

11 review and evaluation. And that's really the purpose of

12 this public hearing. And a comment period that we have

13 that is to solicit comments on the EPA's actions in order

14 to make a final decision about the permits of that ruling.

15 So -- all right.

16 Now, I should mention, too, that basically

17 what EPA does prefer that Texas is the permitting

18 authority. But they have a problem with their authorities

19 to regulate these pollutants and really what we're trying

20 to do is make sure there's some continuity in the

21 permitting authorities otherwise these very large emission

22 sources would not be able to commence construction unless

23 they had a greenhouse gas permit.

24 So with that -- okay. Let me describe

25 here how we're going to be accepting the comments. If you

Hearing January 14, 2011
59

1 have written questions, that's fine, please submit those.

2 There will be a transcript. We have a court reporter here

3 to help us out, of the comments that are made that will go

4 into the record and issues and concerns or comments that

5 we need to respond to will be addressed in a formal

6 record. So everything you say will be reviewed and

7 examined in terms of the context of these proposed rules.

8 We're accepting comments until February 11, 2011 -- 14th.

9 You're right. 14th.

10 Now, what we'll do is we'll call on people

11 that have signed up to comment in twos. And I'll read

12 their name out. And we have two chairs right here at the

13 front with a microphone and a little gadget there that's

14 got a red light, green light and a yellow light.

15 Basically we're allowing five minutes of comments for

16 every person. The green light will be on for the first

17 three minutes. When you're into the last two minutes, the

18 yellow light comes on. And if you go over the five-minute

19 period, the red light will come. So that's a way of sort

20 of regulating the amount of time you can speak. I know

21 that sometimes it's hard to keep comments contained in

22 that kind of time period, but we do ask that you try to do

23 that so that we can get all the folks that want to comment

24 before us. So if you haven't registered yet to speak and

25 feel that you would like to, the folks in the hallway can

Hearing January 14, 2011
60

1 help you with that.

2 So with that, why don't we begin the

3 second part of our public meeting. Oh, just one other

4 housekeeping thing. I think we'll have a break around

5 2:30 or 3 o'clock and then reconvene. And there is an

6 evening session if there are people that are signed up for

7 that. Right now, I don't think we have people signed up.

8 We'll see where we are later in the afternoon.

9 So with that, why don't I call on

10 Mr. James Wall and Ms. Bee Moorhead for -- to be our first

11 commenters. Thank you. Thank you very much. And if you

12 have things that you would like to submit for the record,

13 that's also handled by the folks out in the front of the

14 hallway, but I can hold it here and we'll make sure it

15 gets to them.

16 MR. WALL: Well, good afternoon. My name

17 is James Wall, W-A-L-L. I live in Flower Mound, Texas. I

18 came in support of the EPA today because to me it's like

19 the calvary coming to help us out. Air pollution here in

20 Texas is ridiculous. And anything that you-all can do to

21 chip away at the regulations to try and make them better

22 for us I'm certainly all in favor of that. As a resident

23 of Flower Mound we've been plagued and beseeched by gas

24 well drilling. And these gas wells come in -- I know that

25 you mentioned you're looking at large-scale facilities,

Hearing January 14, 2011
61

1 but when you look at some of these gas pads where they're

2 putting in 15 and 20 wells, compression stations and

3 storage tanks, it starts to look like a pretty big

4 installation and facility. The pollution from these

5 things are so bad it's been -- it's become a nightmare for

6 our little community. The community wasn't ready with

7 regulations because we didn't perceive what was coming. I

8 was ignorant of it as a citizen as to how much pollution

9 really comes from a natural gas well operation. And, of

10 course, the gas well people as they came out and sold

11 people and tried to buy up their mineral rights certainly

12 didn't tell us about the bad -- the downside of this. But

13 now we've got gas wells next door to schools where kids

14 are coming in off the playground with bloody noses. And

15 we've got a good neighbor and friend of ours whose

16 daughter found chemicals in her blood that also exist in

17 the emissions from these gas wells. This is really

18 ridiculous.

19 The TCEQ's has been called out numerous

20 times in our community for smells and just gas-related

21 things. We've had -- for crying out loud, bug kills in

22 the back porches of people's houses because the emissions

23 from these wells are so strong. I mean, it's like

24 spraying DDT out in our backyards. This has got to stop.

25 The TCEQ has been called out and they'll come out and

Hearing January 14, 2011
62

1 they'll do their measurements and we'll find out when we

2 call independent companies to do the measurement that they

3 didn't even measure for the -- for the toxic chemicals.

4 They -- you know, they measured for something. They say,

5 oh, this is within our standards. And I think, Oh, my

6 gosh. If we ever do reach your standards we're all going

7 to be dead. It's just silly.

8 Now, Dr. Armendariz has done an incredibly

9 good study. I read through it. And I thought when he did

10 that study, the state of Texas should have been on top of

11 that and they should have put things in place to protect

12 us from all this pollution but they did not; in fact,

13 they've gone the other direction. These people are coming

14 into our communities like locust. I mean it's a plague.

15 They come in with impunity. They have no -- there's no

16 fines for when they spill their toxic chemicals. There's

17 no fines for when they emit the toxic gases in the air.

18 They just do this with no impunity at all. And I welcome

19 the EPA coming in and straightening out these

20 organizations and telling the state of Texas, look, you've

21 got to stop poisoning your people. They've got to stop

22 poisoning the people in favor of profit. I understand

23 that they get a lot of money from China.

24 On top of everything else, they say well,

25 it's patriotic to drill this natural gas because it's

Hearing January 14, 2011
63

1 clean gas. The fact is they're selling it out. They're

2 selling it to China, India, where they've got big

3 investors coming in and buying up these oil companies

4 stocks. In effect, we're actually selling out our natural

5 resources to other countries. This makes no sense at all.

6 Why should we have to be poisoned or my kids in jeopardy

7 and the school kids in jeopardy just to make somebody else

8 a profit. They talk about jobs, they're going to have

9 jobs. Well, great, you got six guys on a oil rig and

10 they're poisoning 3,000 kids in a school. I mean, what

11 kind of a trade-off is that, to provide jobs in Texas.

12 This is silly. And I applaud you-all for coming in trying

13 to straighten this out. Thank you so much.

14 MS. MOORHEAD: Good afternoon. I thank

15 you for the opportunity to testify. My name is Bee

16 Moorhead, and I'm the director of Texas Impact, which is

17 statewide interfaith network that provides a voice of

18 religious social concern to the Texas Legislature,

19 Congress and government agencies and programs. We're also

20 the home of Texas Interfaith Power & Light, which is

21 Texas' affiliate in the national Interfaith Power & Light

22 program.

23 We're strongly supportive of EPA's plan to

24 regulate greenhouse gas emissions in Texas, both because

25 of the catastrophic impacts of climate change on the

Hearing January 14, 2011
64

1 world's population, and also because of our concern for

2 God's creation and our responsibility to work in

3 partnership with God to preserve and protect it.

4 The issue of climate change is close to

5 the hearts of faith communities because we understand the

6 catastrophic implications of climate change for human

7 communities throughout the world especially those that are

8 already disadvantaged. The core ministries of faith

9 communities in Texas include many points of contact with

10 populations and issues already impacted by climate change,

11 for instance food ministries, refugee resettlement and

12 disaster relief and recovery.

13 Recently the National Council of Churches

14 issued a report entitled impact of global climate change

15 on the core ministries of the church. This report

16 represents the first set of estimates about fiscal impacts

17 of climate change to large-scale relief ministries such as

18 Church World Service.

19 To maintain the same percentage of support

20 for refugees coming into the U.S. in the future, the

21 Church World Service and Lutheran Immigration and Refugee

22 Services are estimated to have to support an additional

23 89,000 refugees a year, costing an estimated $278 million

24 per year, six times the current budget of Church World

25 Service and Lutheran Immigration and Refugee Services

Hearing January 14, 2011
65

1 combined. Faith communities affirm the value of prudence

2 in our dealings with the world, while we look to God to

3 protect and save us, we understand our call as thinking

4 people to evaluate the potential consequence of our

5 actions and avoid those actions that may result in harm,

6 especially to innocent human lives. Faith communities

7 understand well that economic strength and stability are

8 vitally important to human health and well-being. We know

9 there's concern on the part of many that regulation of

10 greenhouse gases will adversely impact industries or

11 economic sectors. Here in Texas, the business community

12 has expressed time and again that its primary concerns are

13 for stability, predictability and uniformity in

14 environmental regulation. It's important for EPA to

15 ensure that greenhouse gas regulation occurs in all

16 50 states in a consistent, predictable and uniform way so

17 that businesses in Texas and across the country bear

18 appropriate proportion of responsibility for improving the

19 nation's greenhouse gas emissions profile.

20 Perhaps the greatest challenge to

21 meaningful action to protect the climate is despair. Many

22 individuals across the nation and throughout the world

23 despair that any change is possible at this late date.

24 They hear the news, they learn about the science and they

25 fear that no action on your part or the part of other

Hearing January 14, 2011
66

1 government agencies, no new laws, no industry innovations

2 can overwhelm the damage that human beings have already

3 done to the creation or prevent the consequences that we

4 have already set in motion. The most severe of which will

5 be born by those that we would most want to shield from

6 all future harm which would be our children and

7 grandchildren.

8 Texas faith communities affirm that change

9 is always possible through God. We understand our call to

10 be to act justly and not to second-guess the motives or

11 possibilities of the Creator. We look to God to work in

12 and through human history to bring about the new heaven

13 and new earth. We thank you for your public service and

14 your efforts on behalf of the common good.

15 Thank you for the opportunity to testify.

16 MR. EDLUND: Yes. I next call Donna

17 Hoffman and Becky Bornhorst.

18 MS. HOFFMAN: My name is Donna Hoffman.

19 I'm originally from Corpus Christi and I live in Austin,

20 Texas. And I want to thank you-all for hearing the

21 comments today. And I want to thank the EPA for taking

22 steps to enforce the Clean Air Act in Texas and protect

23 citizens' health here.

24 You are answering the calls of countless

25 Texans across the state, thousands of Texans from towns

Hearing January 14, 2011
67

1 like Waco, Riesel, Jewett, Franklin, Fairfield,

2 Monticello, Martin Lake, Tyler, Bonham, Dallas,

3 Fort Worth, Denton, Abilene, Alpine, El Paso, Austin,

4 San Antonio, Corpus Christi, Aransas Pass, Refugio, Taft,

5 Portland, Bay City, Goliad and Victoria, and many other

6 towns across the state. Where working at the Sierra Club,

7 we hear from people who are deeply concerned about their

8 families and their own health, their children's health,

9 their grandparent's health.

10 In particular, I want to speak briefly

11 about Las Brisas, which is the coke-fired power plant

12 planned for -- across -- on the ship channel in

13 Corpus Christi, Texas. If this plant were permitted, it

14 would emit more pollution than all of the existing

15 refineries combined in my hometown. And already the

16 people of Corpus Christi suffered higher than average

17 rates of asthma, heart disease and other birth defects

18 than other cities in Texas because there's already such a

19 toxic flume from the petrochemical industry there. I grew

20 up in, just like many, many Texans, on the Gulf Coast

21 across the state. We've all grown up with that, but we're

22 in the middle of a transition to a clean energy economy.

23 And regulation like this sets a fair level for all

24 industries have to meet standards that are health based.

25 And I think that we need to go further with our standards.

Hearing January 14, 2011
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1 What I understand from listening to our

2 chemist, the standards that have been implemented are

3 improving things. But they aren't really enough to

4 completely protect public health. What we really need to

5 do is go further with clean energy.

6 I want to also talk about a case of the

7 Fayette and people in Ellinger and Fayettville near

8 Austin, where Austin's coal plant is. They have become

9 very excited there about the prospects for solar power.

10 They have seen thousands of pecan trees die in the past

11 30 years. When Austin's coal plant went on line in

12 Fayetteville in 1979, during the '80s the pecan production

13 dropped during the '80s. In the '90s the trees began to

14 die. And now orchards that used to produce 100,000 pounds

15 of pecans a year and a livelihood that was healthy and

16 good for the economy of that area is gone. And Harvey

17 Haik (phonetic) and John Viven and the Cook family and

18 dozens of other pecan growers in that area just don't have

19 an income. And so what they are looking to is companies

20 like those setting up in Pflugerville, Texas that are

21 building the nation's largest solar array. And so they

22 want to see clean energy. And they want to phase out

23 Fayette coal plant. So if the current existing companies

24 have to abide by clean air standards, then that helps to

25 level the playing field for the clean energy economy that

Hearing January 14, 2011
69

1 is the way of our future.

2 So I want to thank you so much for being

3 here for enforcing the law in Texas. There are many

4 Texans that are calling for that. Thank you.

5 MR. EDLUND: Thank you.

6 MS. BORNHORST: My name is Becky

7 Bornhorst, and I live in Desoto. I am on the board of a

8 local north Texas citizens groups Downwinders at Risk. We

9 were formed to reduce pollution from the Midlothian cement

10 plants and have been a leading voice for cleaning the air

11 in Dallas/Fort Worth for nearly 20 years.

12 I am here today to tell you from the

13 perspective of citizens in the Dallas/Fort Worth area, the

14 state's environmental agency is not doing the job the

15 people of the state need it to do, clean up our dirty,

16 filthy air. Air so hazardous for us to breathe it can

17 kill us. Air so bad for you we have to be warned not to

18 go outside and breathe it.

19 For nearly 20 years, I've been dealing

20 with TCEQ and its predecessors in trying to clean up the

21 Midlothian cement plants. I've never seen the state in as

22 a bad shape as it is right now. To me, the largest

23 obstacle to clean air in D/FW is not vehicle exhaust, not

24 power plants, not even the cement plants, it is the state

25 agency. That may seem like a harsh judgment, but it has

Hearing January 14, 2011
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1 been earned through my own personal experience with the

2 agency. In one of my very first encounters with the TCEQ

3 the then executive director told us that there was no way

4 that pollution coming from Midlothian could migrate into

5 Dallas County. There was some giant boundary in the air

6 and it couldn't come any further than that. I have seen

7 the agency discredit its own scientific study, conducted

8 by outside experts because industry didn't like the

9 results of the study. I've had the agency tell me that I

10 was mistaken about the odors that I smelled, that it

11 couldn't have been chlorine, that it must have been a

12 burnt match. We were told by TCEQ that there were no

13 practical controls to control pollution from the cement

14 plants, but we went out and we found the controls that

15 were being used in Europe and proved that it would work

16 and yet they've never been required of the plants. The

17 TCEQ has refused to write a SIP plan that has any chance

18 at all of reducing ozone-forming pollution in

19 Dallas/Fort Worth, even though they've been given many

20 ideas of how it might work. They refuse to include those

21 in the plan. And now, their boss, Governor Perry, is

22 refusing to comply with the greenhouse gas rules. That's

23 no surprise to me. And we can thank Governor Perry and

24 the agency for making Texas the laughing stock of the

25 nation. The late-night comedians are having a field day

Hearing January 14, 2011
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1 with us.

2 Midlothian, Texas hosts the largest

3 concentration of cement manufacturing in the entire U.S.

4 The three cement plants have permits to produce

5 approximately six million tons of cement. For every ton

6 of cement, a ton of CO2 is produced. Therefore, the

7 Midlothian cement plants have the potential to release six

8 million tons of CO2. That makes them the largest

9 stationary sources of CO2 pollution in north Texas. Based

10 on my experience nothing be will be done about those

11 greenhouse gas emissions or any other environmental

12 matters as long as TCEQ is in charge. We need EPA's help

13 in bringing Texas into the 21st century, and we thank you

14 for taking the step towards that. Thank you.

15 MR. EDLUND: We'll call two more in just a

16 second. I just -- it will be helpful also to spell your

17 names for the court reporter. And I do know

18 Ms. Bornhorst, it's B-O-R-N-H-O-R-S-T.

19 Cynthia Fava and Jim Schermbeck.

20 MS. FAVA: I'm Cynthia Fava,

21 C-Y-N-T-H-I-A, F-A-V-A. I'm from Midlothian, Texas, home

22 of the largest concentration of cement manufacturing in

23 the entire U.S. and the largest stationary sources of CO2

24 in North Texas. I'm a member of Downwinders at Risk,

25 fighting for citizens' rights to breath clean air in their

Hearing January 14, 2011
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1 own community.

2 The State of Texas is very

3 industry-friendly state and our state agency charged with

4 protecting the health and well-being of our citizenry

5 under the guise of giving out industry permits to pollute

6 our air and water have failed the public trust and we have

7 no one but the EPA who can step in and make sure

8 industrial pollution is reduced to the lowest possible

9 amount in order to keep the air we breathe as clean as

10 possible. One of the biggest challenges to these climate

11 change regulations seems to revolve around money. And how

12 too many regulations will drive up energy cost and hurt

13 job growth. The most common reply that you hear from

14 industry is, Well, we can't do that; that'll put us out of

15 business. We can't afford to do that. But we can't

16 afford for them not to do it.

17 The amount of money that is spent every

18 year on pollution-induced illnesses has been documented in

19 a study, The Impact of Air Quality on Hospital Spending by

20 John A. Romley, a lead author and economist. The results

21 showed that substantial reductions in hospital spending

22 can be achieved through reductions in air pollution. The

23 researcher said that pollution is jacking up health care

24 costs, insurance premiums and jeopardizing the health of

25 children who suffer more from asthma attacks in smoggy

Hearing January 14, 2011
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1 areas. The study is the first to quantify the medical

2 cost and show how California's dirty air is driving up the

3 price of both government and private insurance.

4 Mary Nichols, the chairwoman of the

5 California Air Resources Board said the study illustrates

6 how controlling particulates in ozone levels is necessary

7 for both economic and health reasons. Nichols said, The

8 people who espouse the idea that we should stop working on

9 anything involving regulations of fuel, because doing so

10 would cost money should think about the cost of not doing

11 anything.

12 The fact that we're paying for all these

13 hospital and emergency room visits is sobering. Her

14 attempts to establish a low-carbon fuel standard for

15 California are posed by the oil and trucking industry.

16 Since 2008 report, the European Environment Agency put

17 health care savings for the European Union's new

18 20 percent reduction in carbon emissions 2020 target in

19 the range of $44 billion annually. The sources of carbon

20 emissions are also the sources of other environmental

21 pollutants that cause high rates of cancer, respiratory

22 and neurological disease. A properly designed climate

23 policy can save the health sector hundreds of millions of

24 dollars, save businesses billions by avoiding lost work

25 days and rising health care premiums and reduce government

Hearing January 14, 2011
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1 cost by providing health care to our most vulnerable

2 groups, children and the elderly.

3 Environmental justice advocate, Majora

4 Carter said, Our energy policy in the United States is

5 subsidized by the health of poor people. Asthma, heart

6 disease and other life-threatening illnesses exacerbated

7 by air pollution to thousands and millions of worried

8 parents to emergency rooms every year with children

9 struggling to breathe. Governments are forced to pick up

10 the check when uninsured patients seek emergency care.

11 Our catastrophic health care costs force bankruptcy.

12 Dirty energy facilities are often sited in

13 poor communities, which have the highest rates of being

14 uninsured and indigent. The high cost of treating

15 respiratory and heart disease in emergency rooms is passed

16 on to the government and taxpayers. Environmental justice

17 is not just a moral or social issues, it's also a fiscal

18 issue. Cleaning up pollution hot spots could reduce

19 health care costs to government and those with health

20 insurance by $450 billion.

21 We cannot afford to continue to allow the

22 state to do business as usual. Thousands of lives and

23 millions and billions of dollars depend on it. Please

24 don't let us down. Do whatever you can to increase the

25 transparency of the state permitting program, allow more

Hearing January 14, 2011
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1 public input and require the most protected pollution

2 controls so that we all breathe cleaner and healthier air.

3 Thank you for all that you do.

4 MR. SCHERMBECK: What she said. My name

5 is Jim Schermbeck. I'm director of Downwinders at Risk.

6 I want to thank the EPA for holding this hearing and for

7 holding the state's leadership to -- the state's

8 leadership feet to the fire, metaphorical fire that may be

9 pressed literal fire in global warming, just not on this

10 issue but on all fronts, enforcement of violations on the

11 shale, the flex permitting issue, on all fronts. We are

12 very grateful for the help that Region Six and the entire

13 EPA has been trying to align our misguided state back into

14 the union. Not only -- not only does Downwinders endorse

15 this action by EPA against the state, however, we're

16 pleading with you to take over all the Clean Air Act

17 responsibilities of the state of Texas. Take them all

18 over until such time that Rick Perry is no longer

19 governor.

20 The state long ago abdicated its

21 responsibilities under the Clean Air Act, it did so many

22 years ago, long before the greenhouse gas issue made this

23 hearing possible and probable by today. This is only the

24 latest manifestation of that abdication of responsibility.

25 It's only the latest chapter in a long sordid history of

Hearing January 14, 2011
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1 how they are not enforcing the Clean Air Act. However,

2 they are doing everything but enforcing the Clean Air

3 Act. And I'm afraid today's hearing is only one in a long

4 series of actions that we'll see as they drag their feet

5 and try to sabotage what EPA's trying to do. That's

6 because the truth is Rick Perry is a great campaigner but

7 a lousy governor. And realizing this himself, he's just

8 quit governing entirely and decided to make it a

9 full-time campaign. And as a result TCEQ and the Railroad

10 Commissioner are merely now extensions of the Rick Perry

11 for whatever-it-is-he's-running-for campaign. The lack of

12 any Texas leadership showing up today I think proves this

13 point, there's no -- if there's a free exchange of ideas

14 that he will be confronted with, of course, he never shows

15 up; only scripted appearances appear to be the role in

16 which he'll appear for public audiences from here on out.

17 Politics, specifically the republican primary and

18 conditioned politics is what's driving the state's

19 environmental policy right now, not science, not technical

20 issues as good as they are, certainly not concern for the

21 public health, the well-being of Texas citizens. It's all

22 about Rick Perry.

23 The fact that they call these measures job

24 killers and so forth -- I'm really tired of hearing about

25 that. You know, what really kills jobs are people being

Hearing January 14, 2011
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1 poisoned to do those jobs. That's what kills jobs is

2 death and dying from pollution that people are being

3 exposed to, whether it's from the shale, whether it's the

4 power plants, whether it's from the cement plants and not

5 doing enough about it. That kills the economic growth.

6 That kills people. And that's what we're trying to do

7 something about. That's why we need the EPA to step up

8 now and take control. We need the grown-ups to be back in

9 charge of this process. We need to have a data-driven

10 science directing our policy as a state instead of the

11 2012 electoral strategy. But please do not stop with just

12 this policy. Take it all back to DC or Research Triangle

13 or wherever you would like. You'd be doing a majority of

14 Texans a great favor until our fates are no longer tied to

15 those of a political cartoon. Thank you.

16 MR. EDLUND: And for the court reporter,

17 Jim's last name is spelled S-C-H-E-R-M-B-E-C-K.

18 Can I ask Cynthia Durbin and Diane Testa.

19 MS. DURBIN: I'm retired first class petty

20 officer, U.S. Coast Guard. Cynthia, C-Y-N-T-H-I-A,

21 Durbin, D-U-R-B-I-N. I was in the Coast Guard for

22 26 years. I was born in the oil fields of Louisiana below

23 New Orleans near Buras, Louisiana. And I was raised in

24 Texas City, Texas in an oil refinery town near Houston. I

25 was inspired by Earth Day and joined the U.S. Coast Guard

Hearing January 14, 2011
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1 reserves in 1974. Serving in the Port of Houston as a

2 pollution investigator. I was called up for the active

3 duty to serve in the first Gulf War, Desert Shield and

4 Desert Storm. For the war load out as an explosive

5 loading supervisor. Later in charge of logistics. While

6 in the U.S. Coast Guard I saw fish return to the Houston

7 ship channel because of the Clean Water Act and my

8 enforcement of such -- of that act as a pollution

9 investigator. However, I saw the air get worse and worse

10 even with regulations supposedly enforce.

11 The refineries in my hometown, Texas City,

12 and along the Houston ship channel flared off gases and

13 pollution every single night even though this was against

14 the law. And they had air monitors throughout the cities

15 and, you know, nothing was ever reported. On the freeways

16 of Houston you could drive some nights in a black -- I

17 mean, black fog, so dense you could see only about 50 feet

18 in front of you on a lighted freeway. Here in Dallas,

19 I -- because this was my home base but I would go to

20 Houston once a month to do my work in the Port of Houston.

21 Here in Dallas I saw the air get worse and worse due to

22 winds from Midlothian kilns. My -- my past family members

23 had lived into their 90s. However, in my generation, my

24 brothers, sisters, cousins, now are developing serious

25 lung and cancers and I know they are environmentally

Hearing January 14, 2011
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1 caused.

2 While on active duty during Desert Shield,

3 Desert Storm spots were discovered on my lungs. And since

4 the '90s I have been unable to dance due to what was

5 called exercise asthma. My cousin who has lived in

6 Port Arthur, Texas all of her adult life now has a form of

7 leukemia. My brother, I just found out this year, has

8 developed a type of chronic leukemia. He's lived in

9 Houston most of his life.

10 The Coast Guard -- they have statistics on

11 Coast Guard people that did the work that I did, and

12 there's a much greater incidence of brain cancers. Texas

13 City, Texas there's a greater incidence of brain cancers.

14 Pasadena, Texas, there's a greater incidence of brain

15 cancers especially in the poor neighborhoods that are

16 found on the Houston ship channel. I've been in the fight

17 since Earth Day. And I have -- when we first got our

18 environmental agency in the state offices they were a good

19 organization, but very quickly when, you know, a new party

20 would come in or politicians, then they -- all their power

21 was taken away and then they actually got on their side.

22 So I -- I congratulate you for coming to Texas and looking

23 into this.

24 I have friends in Fort Worth that have

25 this fracking going on and their allergies have increased

Hearing January 14, 2011
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1 so much that they can't even take their dogs out to walk

2 anymore. You know, when I was growing up you never heard

3 about allergies but today everybody has allergies. So

4 I -- you know, it's just there. So I hope that you will

5 get even more active in Texas because we're dying from

6 this situation. Thank you.

7 MR. EDLUND: Ms. Testa.

8 MS. TESTA: My name is Diane Testa,

9 T-E-S-T-A. I'm a mom from Flower Mound. Never really

10 thought of myself as an environmentalist, never really

11 thought I'd have to defend my right to breath clean air,

12 but that's where I find myself today.

13 I came here today to show support for you

14 guys because it would not be fair for me to have written

15 as many letters as I've written and not come down here in

16 person. And thank you for finally coming to our aid. I'm

17 grateful that you've come to Texas to step in and help

18 direct the efforts here to fall in line with the rest of

19 the nation and to put measures into place that can ensure

20 Texas residents have clean air too. Because although

21 government officials feel like you might be overstepping.

22 The reality is that the EPA is answering a cry for help

23 from a lot of us. A cry to help to protect our health and

24 our environment, protect the environment of people that

25 are lost in a political shuffle.

Hearing January 14, 2011
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1 We're the largest single producer of

2 greenhouse gases in the U.S. And still a state that

3 resists compliance with the clean air requirements.

4 Requirements that set in place a process to help regulate

5 emissions and ensure a safe environment. That should make

6 sense. Precautionary measures really shouldn't require

7 all this debate, but it does. The truth is our state and

8 local officials are in the middle of a huge conflict of

9 interest that has been going on for a long time. Those of

10 us that live in Texas are caught in the middle with not

11 very much recourse.

12 Politics controls our environment.

13 Governor Perry has traded economic benefit for our health

14 and Denton County specifically is paying a very high

15 price. No one will acknowledge how the increased

16 emissions from our natural gas well influx have had a

17 direct effect on the skyrocketing incidence of cancer,

18 leukemia and asthma. They won't connect the dots. They

19 won't admit that one has anything to do with the other.

20 And no one will take measures to comply with regulations

21 that might help.

22 My son has asthma and he is zoned to go to

23 junior high a thousand feet from a pad site that's going

24 to house 18 wells. He's going to suck emissions eight

25 hours a day for three years of his life. I have put his

Hearing January 14, 2011
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1 health into the hands of the Texas government officials.

2 Government officials who make excuses for why they can't

3 comply with your regulations.

4 Those of us that live in Texas know that

5 it's not a matter of if the EPA comes in and steps into

6 the permit process. We know it's just a matter of how

7 long folks in Austin can stall to prevent that from

8 happening because the industries that are polluting our

9 air are not going to comply voluntarily. That costs

10 money, safety regulations and upgrades cut into their

11 profits. To me, it would seem like the permit process's

12 ultimate goal is just to establish precautions that are

13 going to ensure the safety of our environment.

14 So when the Texas government acts like the

15 permit process isn't a priority, it means they don't see

16 precautions as a priority. So then what are their

17 priorities? And I'm glad that you guys are here. The EPA

18 has stepped in to ask that question because right now

19 responsibility for monitoring the Texas air quality has

20 been left in the hands of the TCEQ. And, unfortunately,

21 we in Texas have lost faith in that agency and their

22 ability to regulate the emissions of such a large group of

23 emitters. The TCEQ has been unresponsive to our concerns

24 and unclear about their enforcement policies and

25 irresponsible with information. They've been known to

Hearing January 14, 2011
83

1 withhold data that would allow the public to assess the

2 existing hazards to our air quality. They've recently

3 resorted to talking about threats of how your regulations

4 will have a negative affect on industry and drive jobs

5 away. So Texans turn you to you guys, the EPA, because

6 it's our hope that you will question the motivations of

7 our officials, you'll enforce national environmental

8 standards and you'll become a partner with the TCEQ and

9 help back them up with all of the regulations that they

10 need to be performing.

11 I'm hopeful that you guys -- the agencies

12 can work together to support each other to better ensure

13 that the industries in Texas move toward a path of

14 regulation that will help keep air quality safe because

15 Texas has the right to breathe the same clean air that the

16 rest of the nation does. Thanks.

17 MR. EDLUND: I'd like to next call Tammy

18 Vajda and Matthew Tejada.

19 MS. VAJDA: My name is Tammy Vajda. And

20 I'm from Flower Mound as well. My name is spelled

21 V-A-J-D-A.

22 I want to thank you for coming out here

23 today and listen to all of us and for listening to us, in

24 reading all of our e-mails that we've sent you.

25 Our Governor and Attorney General have

Hearing January 14, 2011
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1 decided that the citizens of Texas do not have the right

2 to breathe clean air. They are suing the EPA for the

3 right not to clean up our air and we the people are paying

4 for it. They use the excuse that complying will

5 jeopardize jobs and livelihoods that thousands of Texas

6 families. I want to know what about the health of

7 millions of Texans.

8 What is going to be the cost to treat the

9 numerous health issues associated with unhealthy air?

10 What will the cost be in years to come to clean up the

11 mess that our largest polluters have created. I'm from

12 California, I moved here 15 years ago. I know what bad

13 air looks like. I know what it feels like when you

14 breathe it in. We have bad air right here in Texas.

15 Our state is facing one of the largest

16 budget deficits in history in spite of a request for a

17 stay being denied by the federal court on Wednesday. Our

18 Governor and Attorney General still want to continue this

19 fight and waste more of our money. Our air quality in

20 north Texas is escalating -- our air quality problem is

21 escalating here in north Texas as we sit here right now.

22 Natural gas drilling production has greatly added to this

23 dangerous air. In 2010 gas drilling sites in Flower Mound

24 alone registered high methane readings. And as we know

25 methane is one of most powerful greenhouse gases. That's

Hearing January 14, 2011
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1 what we're here for.

2 Residents have made numerous complaints to

3 the TCEQ about odors and health issues. It's the same

4 story over and over and over again and nothing is ever

5 done to fix it. I looked this up yesterday. There were

6 60 odor complaints and health complaints made to the TCEQ

7 in 2010 at or near gas drilling production sites in

8 Flower Mound alone just in Flower Mound.

9 In March of 2010 the Porcaro Company did

10 methane mapping of natural gas production sites and they

11 recorded over 40 parts per million in Flower Mound and

12 Dish, Texas. Denton County scored an F from the American

13 Lung Association for air quality. And as you heard today,

14 the number of environmental cancers, such as child

15 leukemia, adult leukemia and breast cancer, are alarming

16 in Flower Mound and surrounding communities.

17 According to Spurling's best places to

18 live it gets information from EPA data, ozone alert days.

19 Flower Mound, Argyle and surrounding communities scored a

20 1.8 out of 100 for air quality. That's unbelievable. The

21 children's health assessment and planning survey conducted

22 by Cook's Children's Hospital found that one in four

23 children between the ages of eight and nine years old

24 suffer from asthma. Denton, Wise, Tarrant, Parker, Hood

25 and Johnson counties, all Barnett Shale counties. That is

Hearing January 14, 2011
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1 25 percent of the children in that age category. The

2 national average is only 9.4 percent.

3 We have a big problem here in the state of

4 Texas. And many of our elected officials choose to keep

5 their blinders on. Our only hope is the EPA. We need you

6 to protect the citizens of Texas. Please force Texas and

7 their largest polluters to comply. Texas cannot afford

8 any more Fs on our air quality report card. We all

9 deserve clean air and good health. Thank you.

10 MR. TEJADA: Hello. My name is Matthew

11 Tejada. Last name is spelled T-E-J-A-D-A. I'm the

12 executive director of Air Alliance Houston. Houston's

13 leading health in clean air act, it's a nonprofit,

14 formerly known as Galveston Houston Association for smog

15 prevention and clean air.

16 I'm primarily here today just to thank

17 y'all for doing what you're doing and continuing to do. I

18 don't have any new information for you. I will happily

19 sign on to the very detailed comments that my colleague

20 will write for you. But I think you guys know the score

21 now in Texas. And just as this lady very eloquently put,

22 you're our only hope in Texas right now.

23 For a while in Houston we had the activity

24 in the leadership of Mayor Bill White. And there are some

25 significant achievements that he won during his time down

Hearing January 14, 2011
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1 there and some things the EPA is still working on, like

2 the emissions factors. But right now in Texas and all of

3 environmental justice communities in places such as

4 Houston and D/FW and all the other heavily industrialized

5 areas of this state, EPA is really the only thing going

6 that is really helping to protect people's health. And

7 folks know it, and we appreciate you for it. We

8 appreciate you for standing up to the political firestorm

9 you've sometimes caused in this state. It's singeing all

10 of us. And we're willing to get singed some more because

11 we know what you guys are doing and why you're doing it.

12 There are some more actions, of course,

13 that we're always going to keep asking for, direct actions

14 on specific issues such as the White Stallion Power Plant

15 or Tenaska and especially things like your recent approval

16 of the affirmative defense rules in Texas. Those are

17 issues that we still need to work on with the EPA. But we

18 are supportive of your efforts here in Texas and continue

19 to do so. So I just came four hours today to tell y'all

20 thanks.

21 MR. EDLUND: Thank you. Next Allison

22 Sliva and Ryan Rittenhouse.

23 MS. SLIVA: If I get too loud because I

24 get really loud because I get excited just wave at me or

25 something. Because I get totally unaware. I've been a

Hearing January 14, 2011
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1 coach and I can yell across a football field and you can

2 hear me perfectly without a mic., so I may not need this.

3 My name is Allison Sliva, it's S as in

4 Sam, L-I, V as in Victor, A.

5 Thank you so much for this opportunity and

6 thank you so much for being here and for all you're doing.

7 I'm from Matagorda County, which is really close to

8 Houston, Bay City, Texas. We're directly between

9 Galveston and Corpus, put a dot right there on the gulf

10 coast and we're there.

11 We're very rural, we're poor. There's

12 30,000 people in our county. We're an ag community. I'm

13 a fourth generation farming family myself. We have

14 commercial fishing. We have a lot of things going on in

15 our community and we need your help to protect all the

16 positives in our county. We're number one as a few days

17 ago in the national bird count with Audubon, 236 species,

18 including the whooping crane. We also -- if you don't

19 want to count birds, you can shoot birds. We have

20 great -- because of all the rice farming and all the -- we

21 have great water fowl, hunting and fishing. And our

22 slogan is bays, beaches and birding. But that is directly

23 threatened because of a proposed coal plant, known as

24 White Stallion Energy Center. And I hate that name.

25 They're coming on a white horse to save us and bring us

Hearing January 14, 2011
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1 jobs. It's just so disgusting. I'm also representing the

2 no coal coalition in our county and I'm the chair. And

3 I'm a very unlikely spokesperson. I have a graduate

4 degree in dance. That is as far from science as you can

5 get, but I'm learning so much and paying attention to

6 what's going on and we need your help.

7 We support the EPA's partial approval and

8 partial disapproval the PSD program. Thank you for taking

9 over the GHG piece of the Clean Air Act. TCEQ has made it

10 clear they're not going to protect our health and

11 environment. They continue to thumb their nose at you and

12 the federal government. Now I'm a proud native Texan,

13 fourth generation farming family like I said. And I love

14 our "Don't Mess with Texas" slogan. You know that was

15 that anti-litter -- well some of you don't remember, you

16 weren't born yet. But it was anti-litter campaign, but I

17 don't believe it's the federal government or the EPA

18 that's coming in to mess with Texas. I think our own

19 leaders are messing with Texas and its citizens. In fact,

20 TCEQ and Texas leaders are messing with my health, the

21 health of my family and my friends and the environment of

22 Texans and of Matagorda County citizens.

23 How is Matagorda County being messed with

24 you ask. Because of this proposed coal plant. It has

25 been illegally permitted by TCEQ. The permit was

Hearing January 14, 2011
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1 fast-tracked to beat that -- this January 2nd deadline

2 where all your new rules are coming to play. And our

3 county did its job, we played by the rules. The no coal

4 coalition with the help of some of other organizations, we

5 had two weeks of testimony. And we convinced the

6 administrative law judges and they recommended denial of

7 the permit. The county judge -- we got our county judge

8 on board against this plant after educating him, and our

9 commissioner's court, our highest elected officials. Our

10 doctors have now come out against the plant, CCA, which is

11 huge on the gulf coast, the Coastal Conservation

12 Association, 50,000 plus anglers, the nature conservancy,

13 the Port of Bay City Authority, our farmers, our

14 commercial fisherman on and on and on as they've become

15 aware, they have come out in support in opposition to the

16 White Stallion Energy Center. And how we've done this,

17 we've been writing letters, going to meetings, making

18 phone calls, e-mailing. And we're just regular people

19 that get up go to work, go to church, go home, go to bed,

20 do it all over again the next day.

21 How is this plant threatening my county?

22 Ag industry. This plant requires enough water to fill

23 east Matagorda Bay in one year. Farmers can't farm

24 without water. They've already faced sever water

25 restrictions and we're in another drought cycle.

Hearing January 14, 2011
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1 Commercial fisherman, who's going to be able to sell

2 mercury contaminated fish or shrimpers. Second largest

3 fishing, shrimping fleet on the Texas gulf coast in

4 Matagorda County. Didn't know that, did you? Also, one

5 of the largest nursery bays.

6 This plant's proposed for the Colorado

7 River, just up river from Matagorda Bay, which is just a

8 few miles from the Gulf of Mexico. The White Stallion

9 permit was recommended for denial. Why? Does not -- for

10 many reasons. At least 12 errors in the permit or 12

11 weaknesses. Does not use BACT, best available control

12 technology. They're using that old CFB technology.

13 They're not even using IGCC used in bag houses which they

14 regulated -- they admit that. Does not demonstrate that

15 it meets ozone standards. In fact -- this is what really

16 gets me. This is how sneaky this permit is and the guys.

17 The ozone modeling they use for Matagorda County that they

18 sit on 100 miles away in Aransas Pass, not the appropriate

19 monitors which are in Brazoria County. And why, which is

20 20 miles away? Because they're already nonattainment over

21 there. This is in violation of the Texas Clean Air Act,

22 this plant.

23 We cannot allow our leaders of Texas to

24 continue to mess with Texas. We need your help. You know

25 this, you've written many letters about the White Stallion

Hearing January 14, 2011
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1 Energy Center. Please don't allow our leaders to continue

2 to break the law. Protect our health, protect our

3 environment. Stand up for those of us who need your help.

4 We can't protect ourselves. We need you to protect us.

5 Thank you.

6 MR. RITTENHOUSE: Hello. My name is Ryan

7 Rittenhouse and I'm with the White Stallion Energy Center.

8 In all seriousness, my name is Ryan Rittenhouse and I'm a

9 public citizen for a nonprofit out of Austin. And I work

10 with Allison, one of the coal plants we're fighting is, of

11 course, The White Stallion Energy Center.

12 Thank you-all for being here today and for

13 having us all speak here today. But I can't help keep

14 thinking in my head over and over again why are we even

15 here today? Why is this going on now? Why haven't we had

16 greenhouse gas regulations for decades? It's been more

17 than 100 years since scientists have understood that

18 greenhouse gas properties of CO2. And it's been half a

19 century since they've understood what its effects are

20 going to most probably be on our environment and on our

21 atmosphere. And what they all are saying is that it's not

22 going to be good. So why has it taken us this long to get

23 to this point? I mean, this isn't even really all that

24 much that we're talking about here. All we're talking

25 about is including CO2 in the process of regulating

Hearing January 14, 2011
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1 facilities. We're not talking about what really needs to

2 be done, which is shutting down these coal plants and

3 replacing them with alternate forms of energy that don't

4 release CO2.

5 The Texas legislature has already given

6 TCEQ the authority to regulate greenhouse gases. That

7 happened in 1991. They still haven't done so. In 2007,

8 the supreme court case Massachusetts versus you guys said

9 that you should be regulating the CO2 and yet still here

10 we are just now just barely talking about maybe finally

11 doing something about it. It's great, it's great that

12 it's finally being done, but why has it taken this long.

13 It's not because the science isn't sound. The science is

14 sound. It's not because people don't want it done. We

15 haven't heard a single comment today of anyone who is

16 against what you're doing, not a single person yet. And

17 I'll be surprised if we hear a single one that does.

18 The reason why nothing's been done yet is

19 because of special interests that are pressuring you guys

20 to keep you from doing what everyone knows is right. Not

21 because it's going to hurt jobs, not because it's

22 unpatriotic in some way. It's only because they know it's

23 going to affect their profit margin. And so they're

24 fighting against it with all they can. And it's

25 deplorable for us as citizens and for you as the folks you

Hearing January 14, 2011
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1 are in the regulatory agency to even consider letting

2 someone like Governor Perry and his cronies continue

3 intimidating you out of doing what should have been done

4 decades ago.

5 So I don't want to sound too harsh. And

6 we're very glad that this is finally being done. But

7 we've been begging and pleading for stuff like this for

8 years and we have to go faster. We're way behind in what

9 needs to be done because the world is waiting for us to

10 lead the way in terms of doing something about CO2

11 emissions, and we're still not really doing anything.

12 We've got to get on this. As you've heard other people

13 say, we're running out of time and we have the time but

14 we're quickly losing.

15 So with that, I'll just say thank you.

16 And I think that's all I have to say. I have a minute and

17 40 seconds left, but thank you.

18 MR. EDLUND: Next Erica Peterson and

19 Maralyn Hamaker.

20 MS. PETERSON: Hi. My name is Erica

21 Peterson. I work in Dallas, Texas. I live in Dallas,

22 Texas. I can taste Dallas, Texas at my house sometimes.

23 I just want to thank you guys for being here. I don't

24 think I see anyone from TCEQ. But thanks so much for

25 coming in and actually regulating enforcement. It's what

Hearing January 14, 2011
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1 we need here. That's all I have to say.

2 MR. EDLUND: And you are Erica Peterson?

3 MS. PETERSON: Yes.

4 MR. EDLUND: Okay. Thank you, Erica.

5 MS. HAMAKER: Good afternoon. My name is

6 Maralyn Hamaker. It is ironic that some of the state

7 leaders of Texas who are the most vociferous in

8 championing state's rights are also the very same leaders

9 who failed to protect the health rights of the citizens of

10 Texas. They need to be reminded that in 1776 the

11 Declaration of Independence stated that all human beings

12 have the right to life, liberty and the pursuit of

13 happiness.

14 Since health is a primary component of

15 life and happiness it, therefore, follows that all the

16 citizens of Texas have the right to promote and protect

17 their health. When you consider that Texas industries

18 produce the most toxic pollution of any state in the

19 nation in many categories, such as mercury and carbon, you

20 have to conclude there has been a failure in state

21 leadership to protect the health rights of the citizens of

22 Texas. Texas along with all other states does have the

23 right to issue carbon permits to industries then agree to

24 install the best available control technology for carbon

25 pollution. The best available control technology would

Hearing January 14, 2011
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1 protect the health rights of the citizens of Texas. Yet

2 the best available control technology is apparently not

3 what some of our state leaders want. Time after time and

4 letters and hearings and lawsuits, the citizens of Texas

5 have beseeched state leaders and their agencies to require

6 best available technology. And time after time after time

7 our state leaders have refused to require the best

8 available technology that would have protected the health

9 rights of the citizens of Texas.

10 Indeed, not only have state leaders failed

11 to protect our health rights, but also Governor Perry and

12 Attorney General Abbott are in the court system right now

13 suing for the right to continue to ignore the health

14 rights of the citizens of Texas. They don't call it that,

15 of course. They cloak it in the euphemistic language of

16 states rights versus federal overreach. But when the

17 state fails to protect its citizens, to whom should the

18 citizens turn for a redress of grievances.

19 In the face of this state failure, the

20 Environmental Protection Agency has stepped in to protect

21 the health rights of the citizens of Texas. It is like

22 the arrival of the calvary. Thank you EPA for protecting

23 our health when our own state leaders won't. Thank you.

24 MR. EDLUND: Ms. Hamaker's last name is

25 spelled H-A-M-A-K-E-R.

Hearing January 14, 2011
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1 MS. HAMAKER: Yes.

2 MR. EDLUND: Thank you. Josh Rollins and

3 Susan Kaderka -- Kaderka.

4 MR. ROLLINS: My name is Josh Rollins,

5 R-O-L-L-I-N-S. I live in Dallas, Texas.

6 I just want to thank the EPA not only for

7 recently saving a mountain, that was awesome, thanks

8 guys. But also for stepping in here on the TCEQ and

9 taking away their air permitting rights. Pretty fed up

10 with Governor Perry myself personally. And I hope that

11 you guys are yourselves and continue to do the right thing

12 in our state. Thank you so much.

13 MR. EDLUND: Thank you, Mr. Rollins.

14 MS. KADERKA: I want to add my thanks on

15 that mountaintop.

16 My name is Susan Kaderka. I'm the

17 regional executive director for the National Wildlife

18 Federation South Central Region, which is based in Austin,

19 Texas, it covers seven states. Texas the largest among

20 them.

21 Thank you for the opportunity to comment

22 today on behalf of National Wildlife Federations four

23 million members and supporters of whom about 200,000

24 reside here in Texas. The National Wildlife Federation

25 strongly supports the EPA's actions to correct Texas's law

Hearing January 14, 2011
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1 in air quality permitting program. By providing federal

2 permits for new construction or modification of plants

3 that emit significant amounts of greenhouse gases. We

4 believe this is the time for swift and effective action to

5 cut global warming pollution. And it is both appropriate

6 and necessary for the Environmental Protection Agency to

7 step in where our own government has failed to take

8 action.

9 Many people here today have been

10 addressing public health impacts of coal plants and other

11 things. And I share that concern and urge you to do

12 whatever you can on their behalf.

13 I want to focus my testimony today though

14 on what the failure to regulate greenhouse gas emissions

15 will mean to the state's natural environment to the fish

16 and wildlife we are blessed with and to the habitats that

17 support them. The fact that Texas is the larger emitter

18 of greenhouse gas emissions among the 50 states should be

19 reason enough to take action. But equally compelling

20 should be the realization of what is at stake here in

21 Texas if no action is taken and if carbon levels in the

22 atmosphere continue to climb in expected rates.

23 Most Texans are only a generation or two

24 away from a more rural way of life and cherish our state's

25 diverse landscapes and abundant fish and wildlife

Hearing January 14, 2011
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1 resources. From the piney woods of east Texas to the

2 Davis Mountains of west Texas, from the productive waters

3 of the gulf coast, to the great plains of north Texas, we

4 honor our rich natural heritage and want to hand it on to

5 our children and their children. If the climate change

6 that is already occurring is allowed to continue unabated,

7 future generations will inherit a very different Texas.

8 Rising sea levels threaten the incredibly productive

9 wetlands and estuaries of the gulf coast, inundating large

10 areas of wetlands that provide habitat to millions of

11 migratory birds and water fowl, and upsetting the delicate

12 balance of fresh and salt water that today support

13 commercially and recreationally important fisheries like

14 Matagorda Bay, for example. Stronger storms, more intense

15 rain events will cause more flooding in urban areas like

16 Houston, where it already rains a lot. And it already

17 floods when there's a lot of rain. This has been true. I

18 mean decades ago I went to high school in Houston and it

19 used to flood then when we had hard rain and it's just

20 getting worse and it will continue to get worse. The

21 droughts that many areas of the state have experienced in

22 recent years will become more frequent and more

23 prolonged. And larger areas of the state will turn to

24 desert. The beautiful pine forest of east Texas may fall

25 victim to infestations of insects like the pine bark

Hearing January 14, 2011
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1 beetle, which is already damaging forests in the western

2 United States.

3 In short, if we do nothing to reduce

4 greenhouse gas emissions, the Texas we pass on to our

5 grandchildren will be a very different place.

6 For the past ten years the National

7 Wildlife Federation's regional office in Texas has worked

8 with many partners to ensure that the state is managing

9 its water resources in a way that meets the needs of both

10 people and wildlife, and at the same time supports growing

11 our economy. We believe this is what Texans want, not to

12 make false choices between economic development and

13 healthy environment, but to figure out how to have both.

14 Global warming will make the job of wise

15 water management, among other things, very much harder in

16 Texas. It will change the face of the landscapes that

17 people in Texas love and that define us as a state and as

18 a people. With the National Wildlife Federation are

19 profoundly disappointed that our state leaders have failed

20 to demonstrate the vision required to meet the challenge

21 of global warming. In particular, we deplore the state's

22 refusal to join 49 other states or developing

23 implementation plans to comply with Clean Air Act

24 provisions regarding greenhouse gas emissions. The people

25 of Texas deserve better than this.

Hearing January 14, 2011
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1 We applaud and affirm EPA's decision to

2 step into the breech. EPA's tailoring rule is a critical

3 step forward. We thank you for all your efforts in

4 developing and implementing these critical regulations to

5 address a challenge that threatens our environments, our

6 communities and our economy.

7 Thank you.

8 MR. EDLUND: Thank you, Ms. Kaderka.

9 That's K-A-D-E-R-K-A.

10 MS. KADERKA: Yes.

11 MR. EDLUND: Okay. Thank you. Next I'd

12 like to call Mr. Juan Parras and Bob Jacoby.

13 MR. PARRAS: Good afternoon. I'm

14 surprised to say the fact -- oh, my name is Juan, and last

15 name is Parras, P-A-R-R-A-S. And I represent T.E.J.A.S.,

16 Texas Environmental Justice Advocacy Services. And as I

17 look at the crowd, I'm surprised that the industry is not

18 here. And I guess if I worked for the industry, I'll be

19 ashamed to show my face today, but I'm glad that the

20 citizens are.

21 Anyway, I'd like to address that I'm very

22 proud of what the EPA recently did in taking away the

23 authority from the state, Texas Commission on

24 Environmental Quality on greenhouse gases. In fact, that

25 was -- that has always been one of our recommendations

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1 when we speak with EPA officials. And most recently the

2 first time we met with Ms. Lisa Jackson administrator is

3 that if you delegate authority to someone and they

4 continue to not enforce that authority, well then you just

5 get rid of them or take away their delegation authority.

6 And, finally, after 40 years it's happening. And I hope

7 to see better things to happen in the future.

8 The -- what I wanted to address is a

9 couple of things and one is TransCanada pipeline, Keystone

10 XL. That pipeline, if it is built and I hope it isn't

11 built, because we're fighting desperately tooth and nail

12 to keep it from getting built, but it will end up in our

13 community, in Manchester community and the community in

14 Port Arthur, Houston refinery and Pasadena refinery. But

15 if it does go to the Valero facility, that is a community

16 that already is -- has -- there's been studies that show

17 that it already breeds cancer-causing chemicals on a daily

18 basis. And if the pipeline is allowed to go to the Valero

19 plant it's going to increase pollution in that area in the

20 whole region by 35 percent. And this is a -- actually

21 this is probably a national environmental justice

22 situation because an impacted environmental justice

23 community will be severely impacted by the pipeline going

24 to the Valero community -- I mean going to the Valero

25 plant. And if that happens what -- and I hope -- again, I

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1 hope it doesn't happen. Because it would be kind of

2 ironic that President Clinton signed the executive order

3 on the environmental justice in 1994. And now the

4 decision to allow this plant pipeline to go to the

5 Manchester community is in the hands of Hillary Clinton,

6 Secretary of State. So I hope that she stands with the

7 intent of the law. That she realizes that this is an

8 environmental justice issue. And it's going to have a

9 huge impact, not only just in Houston but the entire

10 Houston region.

11 We've already -- there's been other

12 studies that have been done by Greenpeace and Sierra Club,

13 they've done other studies in the area and UTMB has done a

14 lot of studies. We have a lot of leukemia, we have a lot

15 of cancer, we have a lot of asthma. We also have -- on a

16 recent study that was done by Greenpeace where they showed

17 that the 101 most at-risk facilities, Houston has 17 of

18 them so that should tell you a lot. There's studies that

19 indicate that our children within a two-mile radius of the

20 Houston ship channel have a 56 percent higher chance of

21 getting leukemia. So the studies are there. The

22 scientific evidence is there. What we have been waiting

23 on for too long I think was the political leaders to

24 actually step up to the plate and do what Ms. Lisa Jackson

25 has recently done and what her fine staff of attorneys

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1 have done, to actually beat the state. And I hope you

2 will continue to do that because we still are in harm's

3 way. You need to deal with the environmental justice

4 communities, not only in Houston, but throughout the

5 nation. There have been numerous studies that indicate

6 the going industry -- the industry goes to where the

7 low-income communities are because of the lack of

8 political will, the resources. And thank you for

9 fighting. So we need your support now in battling and

10 enforcing good environmental justice policies. And I

11 thank you for your time. And I thank all the people that

12 came down here, took their time to speak to you. And I'm

13 glad that you beat up one end of it.

14 MR. JACOBY: Good afternoon. My name's

15 Bob Jacoby. I reside in Addison, Texas. And again,

16 thanks for coming here.

17 I think my first statement is I just seek

18 that you explore reasonable settlements with elected state

19 officials, state representatives, also in the federal

20 government do not take simply unilateral action. I'm

21 someone who is a former Sierra Club member. And I left

22 because I found it going to the extremes. I heard a lot

23 of statements here about natural gas is back, coal is

24 back. I've also heard nuclear is back. What's next? How

25 do you fuel a state like Texas? How do you fuel a country

Hearing January 14, 2011
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1 like the United States without these fuel sources that

2 have been around for so many years? I think there's a

3 place for all of them. In fact, I think our future rests

4 in what I like to call an end-to-end strategy. Natural

5 gas eventually moving to an economy powered by nuclear

6 energy. Again, that's a grand story for another day.

7 But I simply think when you look at the

8 state of Texas and whether it's been able to accomplish

9 the fact that it is resource rich in energy that I would

10 ask you gentlemen to ponder, where is the reach of federal

11 government and where does it stop? You are not elected

12 officials. And I simply ask for some accommodation with

13 elected officials at the state level, but then also those

14 in Congress who represent the people of the state of

15 Texas. Thank you very much for your time.

16 MR. EDLUND: Thank you, Mr. Jacoby.

17 J-A-C-O-B-Y.

18 MR. JACOBY: That's correct. Affirmative.

19 MR. EDLUND: All right. Why don't we call

20 Mr. Robert Ressler and Grace Darling -- I tell you what,

21 how about Ms. Deborah Rogers. Thank you.

22 Just as far as timing, after a couple more

23 I think we'll have a ten-minute break, but anyway let's

24 hear from you-all. Mr. Ressler.

25 MR. RESSLER: Sure. My name is Robert

Hearing January 14, 2011
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1 Ressler, that's spelled R-E-S-S-L-E-R. I'm the federal

2 field associate with Environment Texas. And for those of

3 you who don't know, Environment Texas is statewide

4 citizen-based environmental advocacy organization.

5 Well, earlier this week the National

6 Oceanic and Atmosphere -- Atmospheric Administration

7 announced that 2010 had tied with 2005 for the hottest

8 year on record globally. This is only the latest

9 announcement of many from the scientific community,

10 confirming that global warming is real, it is already

11 happening and it's being fueled by pollution from manmade

12 sources. Left unchecked, this global warming will

13 certainly harm Texas's health in a number of ways, ranging

14 from, as we heard before, increased drought, more intense

15 hurricanes, also to an increase in ground level smog

16 pollution that's linked to the stairwell cases of asthma,

17 permanent lung damage and a shortened life span for many

18 Texans.

19 According to the U.S. Drought Monitor,

20 much of Texas is currently abnormally dry or worse and its

21 stock tanks increase in east Texas are drying up for the

22 first time in 30 years. While solving global warming will

23 require a nationwide and indeed a global effort. Today

24 Texas produces more global warming pollution than any

25 other state in the nation. So, clearly, Texas has an

Hearing January 14, 2011
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1 important role to play in moving the country for the

2 pollution reduction goals set by President Obama's

3 Copenhagen commitment of achieving of 17 percent cuts in

4 domestic global warming pollution emissions below 2005

5 levels by 2020.

6 And the simple matter of the fact is that

7 Governor Perry and the TCEQ refuse to comply with the

8 EPA's permitting process by revising their outdated state

9 implementation plan, by claiming that they are acting on

10 behalf of the interest of Texans. Yet if plants are built

11 without up-to-date controls, they will only continue to

12 cause more pollution while wasting energy and raising the

13 cost of doing business. And this is not in the interest

14 of Texans.

15 And also, over the past few months, myself

16 and our citizen outreach office has been collecting

17 petition signatures from individuals all over Texas. And

18 so here we have about 750 of them from Texas citizens

19 calling on Lisa Jackson and the EPA to significantly

20 reduce global warming pollution through new standards for

21 power plants and other stationary sources. So I just want

22 to stress that these are everyday citizens of Texas who

23 have put their names behind the EPA and their efforts to

24 cut down on greenhouse gas emission, so have about 750.

25 Well, it's clear that people in Texas are

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1 concerned about their future and support the EPA's efforts

2 to protect our environment and our public health. And

3 it's time that Governor Perry and the TCEQ do the same.

4 And that was my prepared statement as a

5 federal field associate for Environment Texas, but I just

6 want to add personally, I've been really disappointed with

7 the air quality that has been given to me as a young

8 person to live my life here in Texas. And I'm really glad

9 that hopefully we are moving towards a time when I don't

10 have to worry about what my future health might be like

11 because of my time spent in this wonderful state. So

12 thank you guys.

13 MS. ROGERS: My name is Deborah Rogers.

14 And I live in Fort Worth, Texas. I'm here to thank the

15 EPA for stepping in and removing the authority from the

16 TCEQ. We've all heard the statistics about how Texas is

17 one of the most polluted places in the U.S. and indeed in

18 the world. As a Texan, I don't believe that that's

19 something that we should be proud of, despite the absence

20 of our state officials. I will not reiterate the health

21 impacts because they've been spoken of often enough today,

22 nevertheless they are real.

23 The TCEQ has proven time and again they

24 will not adequately protect the health and safety of its

25 citizens. And we are truly grateful that at last EPA has

Hearing January 14, 2011
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1 taken the reins and assumed the leadership so sorely

2 lacking in the state of Texas. I would ask, however, that

3 the mandate be broadened to include point sources in the

4 gas drilling industry, particularly here in north Texas,

5 but also in south Texas as the emphasis moves into that

6 area again. We need help to clean up our air, to protect

7 our children from asthma, to protect all of us from toxics

8 being spewed into the air by the oil and gas industry.

9 And we need it to include existing sources.

10 Those of us who live near these

11 facilities, and I'm one of them, with five high-impact

12 wells to date, 600 feet from my door and seven more

13 planned. I have been working with engineers at the

14 University of Texas at Arlington on dispersion welling

15 from the ambient air test conducted on my property and

16 other sites within Fort Worth. And these models are

17 showing that the setback should have been closer to a

18 mile, rather than a mere 600 feet. Texans have been

19 sacrificed to the interest of large corporations who have

20 no incentive to care for the environment or indeed our

21 very neighborhoods.

22 We support EPA and welcome much more

23 stringent requirements. Thank you.

24 MR. EDLUND: Mr. Abbott and Mr. Frank

25 Lane. After we hear from Mr. Abbott and Mr. Lane, I think

Hearing January 14, 2011
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1 we'll take a short break.

2 MR. ABBOTT: My name is Beau Abbott and I

3 live in Royce City, Texas. And my information may not be

4 current, but I am afraid it is. It has carried over from

5 the '80s up until present. In the late '80s I was a sales

6 manager of a company that transported and disposed of

7 hazardous waste. We bid on hazardous waste, superfund

8 sites and cleaned them up when we got the bid. I worked

9 in six states that surrounded Texas. And frequently I was

10 my company's representative to EPA Region Six in Dallas.

11 And my first encounter with Region Six and the EPA was

12 when there was a superfund site in Fort Worth at a closed

13 aircraft factory. Apparently, some toxic waste had been

14 dumped and had been covered up by a parking lot by this

15 defense contractor, and it was seeping into the Fort Worth

16 water supply. At this time I was naive in and I believed

17 that we could actually get the cleanup of this superfund

18 site. My boss told me not to bother with it, that it

19 would be studied for two years. Then the contracts would

20 never be met. That it would be studied for another two or

21 three years and so on and so on and eventually the stuff

22 would just dissipate into the water supply and move and

23 that this defense contractor was too powerful and was not

24 going to clean it up. The EPA didn't have the teeth at

25 that time to make them clean it up.

Hearing January 14, 2011
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1 Later I concentrated on smaller things and

2 I noticed at 7-Eleven Corporation, which was Southland

3 Corporation, they were very powerful, especially in Dallas

4 in the late '80s. And one of our drivers was cleaning up

5 a gas tank that had water seeping into the gasoline. And

6 he dumped it into the sewer, instead of taking it to the

7 mobile refinery and having the water and the gasoline

8 separated. I knew this was wrong and I called my boss.

9 And he told me that Southland Corporation was so powerful

10 that they could dump water contaminated gasoline into the

11 sewers of Dallas and nothing would be done. So this was

12 my introduction to the agency. I came into the job

13 meaning well and found out I was very naive.

14 Then I finally learned that there was this

15 revolving-door policy of the EPA, the individuals would

16 work a few years then quit and then go to work with the

17 industry that was making the pollution. It was just a

18 steppingstone to a better job and more money. And, again,

19 my information does come from the late '80s. I hope the

20 situation has changed. I encourage it to change. But I

21 don't know if it has changed. And all I can say is that

22 if the revolving-door policy exists and people are buying

23 off the EPA to be allowed to pollute then this needs to be

24 looked at by -- by the law. And that's all I have to

25 say.

Hearing January 14, 2011
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1 MR. EDLUND: Thank you, Mr. Abbott.

2 Why don't we have a short break. We've

3 been going now for an hour and a half. I think it's time

4 for this session. And it's now about 1:32 so why don't we

5 reconvene about -- 2:30, time zones. It's that time

6 someplace. Have a ten-minute break and then we'll get

7 started.

8 (Recess was taken.)

9 MR. DIGGS: If folks can take their seats

10 and we'll get started. Again, my name is Tom Diggs. And

11 I'm the associate director of the air program in Region

12 Six. And so as to hear some different voices, we have

13 switched around such. So we're real pleased that we have

14 continued speakers and there's been a great turnout for

15 the public hearing. And so every speaker is very

16 important so we really appreciate those that have signed

17 up.

18 And the next two speakers is Mr. Frank

19 Lane and Marc McCord. And so if those individuals could

20 come forward.

21 Let me mention that Jeff Robinson to my

22 right -- Jeff Robinson is the chief of air permit

23 section. And Jeff and his excellent staff will be

24 involved with a lot of the key activities for the CO2

25 greenhouse gas equivalent permit taking place. So we're

Hearing January 14, 2011
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1 pleased at the fact that Jeff has been here all day

2 listening and certainly pleased that Jeff is part of the

3 panel.

4 So Mr. Frank Lane and Marc McCord. And

5 we'll have Mr. Lane as the first speaker.

6 DR. LANE: Good morning. I'm Dr. Lane.

7 MR. DIGGS: Dr. Lane, nice to meet you.

8 DR. LANE: Nice to meet you, and I'm glad

9 you're here. I grew up in Dallas and so I've had the

10 opportunity to see the air quality change here since I was

11 born, and I'm a physician. And I'm concerned about the

12 deterioration of the air quality in Dallas/Fort Worth.

13 And concerned enough to consider advising my children to

14 move away from the area. My stepfather is professor

15 emeritus of internal medicine at the University Texas

16 Southwestern Medical School, Dr. Leonard Madison.

17 Dr. Madison has pulmonary fibrosis. And so he's very

18 sensitive to ozone or any pollutants in the air here.

19 He's been living in Naples, Florida now for the last two

20 years and unable to come back to Dallas because of our air

21 quality. He literally couldn't breathe safely in this

22 environment. It's a poisonous environment. I'm concerned

23 because people that are sensitive to air pollutants like

24 people with asthma, chronic obstructive pulmonary disease,

25 pulmonary fibrosis. And Dr. Madison had quit smoking at

Hearing January 14, 2011
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1 least 20 or 30 years ago. But for the years that he had

2 smoked the damage that had occurred to his lungs wasn't

3 reversible and eventually, you know, it's catching up to

4 him. He's about 92 -- will be 92 next week. But it's sad

5 that he can't come back to a town that he dedicated almost

6 50 years of his life to teaching physicians, going around

7 the wards of Parkland Hospital because of our poor air

8 quality.

9 My particular branch of medicine has been

10 in psychiatry. And I've noticed that every summer when we

11 hit the red alert ozone days that I get increased calls

12 from people that think they're suffering severe

13 depression. They're easily fatigued, have no motivation.

14 They've got a foul mood. And I say, Well, you know,

15 you're here during the dog days of summer, this is July

16 and August in Texas, and you're in the middle of the

17 metroplex. And our air here is seriously polluted. You

18 need to head for the Rockies or something, get out of here

19 for a few weeks and breathe some clean air. I think they

20 start to feel better as soon as they get out of this.

21 It's such a pervasive thing, it's like radiation, you

22 don't see it, you don't feel it immediately. But it's

23 working on you. And we have to switch our dependence on

24 fossil fuels, if for no other reason than to -- we're

25 going to make our planet unhabitable.

Hearing January 14, 2011
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1 There's no controversy in the scientific

2 community about global warming, nor the fact that humanity

3 is the main compelling force behind the current global

4 warming problem. And the greenhouse gases seem to be the

5 number one thing pushing it because we can't reverse them

6 immediately. And what we set in motion will probably

7 remain in motion for the next 20 years. You can only be

8 thinking about your children's children or your

9 grandchildren's children in terms of the improvement.

10 In some of the things I read they talk

11 about the consequences of our pollution hitting way in the

12 future. I wanted to bring up the problem with my

13 stepfather to let you know that the problem is here now.

14 We don't have to wait for the future, the illness and the

15 problems that are caused by poor air quality are here now

16 and they're operating right now. And the people that have

17 been at the head of our government have not protected us.

18 I feel like government's first duty is protection of the

19 citizenry. And the permitting process here has allowed

20 the air quality in north Texas to deteriorate

21 progressively for 30 years.

22 I got involved in conservation and the

23 environmental movement in 1973 when I was a high school

24 kid. And we had the first Earth Day on April 22nd. And

25 I've stayed concerned since then. And it's sad to see how

Hearing January 14, 2011
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1 scientists get ignored for political agendas. We need to

2 return back to this issue as a nonpartisan issue, it

3 affects the health of every citizen. We can't be

4 shortsighted, we can't just look at the bottom line over

5 the next five years. We have to think like the Indians,

6 seven generations ahead.

7 Since our leadership at the state hasn't

8 protected the citizens of north Texas. I'm very happy to

9 see the EPA step in. And I hope that you will continue to

10 step in and be forceful about it, because right now we're

11 vulnerable and our citizens are hurting and it's going on

12 now. Thank you.

13 MR. DIGGS: Thank you for taking the time

14 out to come and give comments and have your real live

15 testimony.

16 MR. McCORD: My name is Marc McCord. I'm

17 a native Dallasite. I'm the current webmaster and former

18 environmental committee chairman for Dallas Downriver

19 Club. And I'm the founder of the local group

20 FrackDallas.org, that fights primarily against unhealthy

21 and unsafe urban gas well drilling.

22 We have several enemies in our state.

23 And, unfortunately, they're elected and appointed

24 officials. An earlier comment directed the fact that you

25 guys are not elected. It doesn't matter whether you're

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1 elected or whether you're appointed or whether you're

2 hired by somebody elected or appointed. The fact is you

3 have an agency committed by law to protecting the health

4 and safety of American citizens especially from industry

5 and government officials who overlook safety in favor of

6 their personal political agenda. And make no mistake

7 about it, this is a political agenda.

8 Our Texas Railroad Commission and our

9 Texas Commission on Environmental Quality are stock full

10 of people who are former oil and gas industry executives.

11 They were put there by our current administration for one

12 purpose and one purpose only, to grease the palms and

13 grease the way for oil and gas to do what it wants to do

14 for its profits at the exclusion of the health concerns

15 and safety risk for the citizens of this state. So I

16 commend you for coming into Texas. And I encourage you to

17 come in more often and to do more. And don't be persuaded

18 otherwise by threats of lawsuits or by lawsuits filed by

19 Greg Abbott or Rick Perry. Because their interest is not

20 the citizens of this state. Their interest is oil and gas

21 and promoting whatever they can.

22 Meanwhile, the byproducts from oil and gas

23 production include the greenhouse gases that are released

24 from the ground and from the rigs themselves. The oil

25 rigs and the gas rigs and their compressor stations and

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1 things, where they don't maintain integrity of their

2 systems. You know it and I know it's a well-known fact

3 that all these well sites result in -- in escapes of gases

4 and that pollute our atmosphere, especially the greenhouse

5 gas like methane. They contaminate water wells.

6 And recently Dr. Armendariz had to take

7 over in Parker County because Texas Commission on

8 Environmental Quality and Texas Railroad Commission deny

9 that the migration of gas into the water wells could

10 possibly have been caused by the driller up there, Range

11 Resources. And rather than taking the prudent step of

12 doing something to protect those people they want to study

13 it more. Well, this is their whole agenda, to study and

14 study and study but never actually take action. So we

15 need the EPA to take action. We need you to be very

16 aggressive in defending our right because when our state

17 regulators will not do the job, we have nowhere to turn to

18 except federal regulators who do have the power under law

19 to regulate these industries and regulate these processes

20 and to command that our state agencies do their job of

21 protecting those of us who are citizens of this state.

22 We only have one environment, when it's

23 gone, we're gone. We will become as extinct as the

24 dinosaurs. Civilization on this planet, mankind has

25 existed for somewhere between 2 and 400,000 years out of

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1 something like 4 billion years that this planet has been

2 here. And during that time in the early days this planet

3 was ripe with carbon pollution in the air and methane

4 gases in the air, a condition that was not allowing the

5 production and growth of grasses and plants and trees and

6 eventually animal life and human life. It was only after

7 those things were suppressed by mother nature herself, by

8 the burying of all these elements we're talking about

9 today, 8- or 10- or 15,000 feet under the surface that

10 mankind can even exist on this planet. So when you have

11 somebody drilling a gas well or an oil well and releasing

12 those gases back into our atmosphere it is not good.

13 There's a reason why we're here and those gases are

14 trapped far under the earth.

15 Now in the fracking industry, I hear

16 people talk all the time about how they're not the cause

17 of this. That they case their well bore with cement. I

18 would point out to you that when they frack that well,

19 they're creating fissures and fractures in the earth

20 through which they release the gas back into that pipe.

21 If they're cement casing was so that those gases couldn't

22 migrate into the water table, they couldn't get the gas

23 out either. So that whole argument they use is a spurious

24 argument.

25 I thank you for coming in here today and

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1 listening to us. I encourage you to do more and to be our

2 ears and our eyes and our protector at the federal level

3 when our state officials refuse to do the job. Thank you.

4 MR. DIGGS: Thank you very much that.

5 That is M-C-C-O-R-D.

6 Okay. Next is Janet Yao and Jeffrey

7 Jacoby -- excuse me, Joyce Yao and Jeffrey Jacoby.

8 MS. YAO: Good afternoon. My name is

9 Joyce Yao. And I'm the Clean Energy Associate of

10 Environment Texas, a statewide citizens-based

11 environmental advocate for clean air, clean water and open

12 spaces.

13 There's no question that anthropogenic

14 greenhouse gases are fueling the rate of climate change

15 all over the world. As we speak, Brazil is flooding,

16 Australia is flooding, Sri Lanka is flooding. The past

17 few years have witnessed an alarming increase in global

18 temperatures that are linked to an increased frequency of

19 extreme weather events. Here in Texas we've seen hotter

20 summers, increased droughts and more severe hurricanes,

21 such as Hurricane Ike that ripped through Galveston and

22 Houston in 2008 and caused $27 billion in damages to the

23 state.

24 Thankfully though the EPA is working

25 through the Clean Air Act with states across the country

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1 to curb greenhouse gas emissions. This permitting effort

2 will build on the Clean Air Act's 40-year history of

3 producing harmful pollution. And in doing so mitigate

4 climate change, protect public health and our environment

5 and provide opportunities to develop our clean energy

6 economy.

7 Earlier someone asked how we were going to

8 power our state. Texas is the energy leader of the

9 country, but not just in fossil fuel. Texas is the leader

10 of the country for wind energy. On December 11th we broke

11 our record of wind energy output at 7,227 megawatts. A

12 solar jobs report released by the Solar Foundation last

13 year showed that Texas has 6,400 solar jobs, and is the

14 third top state for solar jobs in the country. And

15 there's more to come. SunPower Corporation, which is the

16 third largest solar power company in the world, has just

17 selected central Texas as its location of its latest North

18 American expansion. And it's anticipated to bring an

19 additional 450 jobs into the region.

20 However, Governor Perry's refusal to

21 comply with the EPA's efforts to ensure that new

22 facilities install the best available control technologies

23 to reduce greenhouse gas pollution means that these

24 burgeoning clean energy sectors, which is the one bright

25 spot in our economy, will be suffocated by dirty

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1 unsustainable sources of energy. Governor Perry claims

2 that he's acting on behalf of the citizens in Texas to

3 save jobs. And yet we are already being left behind on

4 the quality of our environment, our public health and our

5 clean energy economy.

6 Thank you EPA for ensuring that Texas

7 citizens do not bear the burden of Governor Perry's

8 irresponsible political grandstanding. It's time for the

9 Governor and the TCEQ to work with the EPA to clean up the

10 largest sources of greenhouse gas pollution in Texas to

11 protect public health and our environment and allow Texas'

12 clean energy economy to flourish. Go get 'em.

13 MR. DIGGS: Thank you very much.

14 MR. JACOBY: My name's Jeffrey Jacoby,

15 J-A-C-O-B-Y. I'm with the Texas Campaign for the

16 Environment. And we're a statewide grassroots citizen

17 organization. Our staff is out knocking on doors in the

18 greater Dallas, greater Austin and greater Houston areas

19 five nights a week. We talk to literally hundreds of

20 thousands of Texans every year. And in that process what

21 we see is that whether you vote for democrats or

22 republicans or just don't vote at all, people all

23 understand that TCEQ is falling down on the job. So I

24 want to thank you from the bottom and all sides of my

25 heart for the work that you-all are doing. I want to

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1 thank Dr. Al for the work that he's doing. And implore

2 you to -- to get this -- this agency that fails on every

3 front, that grants every single permit good, bad,

4 polluting or otherwise, it rubber stamps and just says all

5 right, free reign.

6 And, look, we're talking about balance.

7 Balance is not giving free reign to the companies that

8 fund the governor's campaigns. That's not balance. I

9 mean, when we -- when we the environmental community sat

10 down with Dr. Al and asked him, you know, about balance,

11 one of the things he said, Yeah, absolutely. You know,

12 what is feasible? We're going to make sure that what is

13 feasible gets done. And we're also simultaneously going

14 to make sure that the public health and our natural

15 resources are protected. And I think this rule does

16 exactly that. We're not asking anyone to do something

17 they can't do. Right? It's been proven, this is

18 possible. So all of the political posturing from the

19 Governor, from the Attorney General, from the industry,

20 all of the accusations of killing jobs in Texas, they're

21 fallacious, they're false. It's a game that they're

22 playing with our air, our water, our natural resources and

23 we can't stand by and let it happen. And again, that's

24 why I want to say thank you, thank you, thank you and

25 thank you again EPA for doing the job that TCEQ won't do

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1 for the citizens who pay their salaries. Appreciate it.

2 Thank you again.

3 MR. DIGGS: Thank you very much. Next Is

4 Cherelle Blazer and Kim Feil.

5 MS. BLAZER: Hello. My name is Cherelle

6 Blazer and B-L-A-Z-E-R. I'm here speaking on behalf of

7 Unified South Dallas and it's the community that I live

8 in. I'm very happy to be speaking on their behalf. I

9 want to say thank you like everyone else here today --

10 well, most everyone else here today. I want to say thank

11 you for doing the job that you're doing. I know that what

12 we're asking of you in addition to is very expensive and

13 it would take more manpower than you probably have and a

14 bigger budget than you probably have, but we do thank you

15 for taking on the job that Texas won't do for itself.

16 I think it's been proven all day long that

17 Texas citizens really do cherish their environment and the

18 public health. I think that we're all tired of breathing

19 toxins that we're being forced to breathe. It really

20 isn't left up to us and I don't think that the powers that

21 be should take their results of an election as some sort

22 of mandate that we approve of their environmental policy.

23 People vote for many reasons. But I want to say that --

24 once again, I'm the only chocolate chip in the cookie here

25 today. And there are a lot of times when I think that

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1 people in the environmental community think that

2 minorities don't care about this issue, aren't concerned

3 and that is simply not true. Being here of Unified South

4 Dallas, which is a coalition of neighborhood leaders and

5 organizations and business owners in the south -- south

6 Dallas, Fair Park area. It's a residential area, but it

7 is heavily industrialized. And it's cut through by three

8 major highways. And so people there have been suffering

9 for many years from greenhouse gas pollution, other

10 hazardous air pollutants, particulate matter. You name

11 it, they're suffering it -- we're suffering it. And it's

12 further compounded by all the pollution that flows up from

13 ship channels and from the cement plants, the highest

14 concentration of cement plants in all the nation right

15 there in Midlothian. And then the encroaching gas

16 drilling coming in from the west.

17 So we hope that you continue to do what

18 you're doing. And we will back you up on saying enough is

19 enough because we feel that way. South Dallas is full of

20 very old people and very young people. And anyone who has

21 the means of moving away does. So I'd like for it to be a

22 place that's livable again, just as communities out in

23 Flower Mound and Bartonville and Fort Worth, all want

24 their communities to be livable again because right now

25 they are not. And again thank you for your time.

Hearing January 14, 2011
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1 MR. DIGGS: Thank you very much for your

2 statement.

3 MS. FEIL: I am Kim Feil from Arlington.

4 I brought Benzene, he's the little guy with the cowboy hat

5 and the respirator. In studying benzene, the TCEQ had a

6 document where you can see how they set the effect

7 screening levels. Benzene has a linear effect in that

8 there's really no safe level of exposure. Any small

9 amount can trigger health effects. Now, I first learned

10 this from the man who invented what is called the Jacobson

11 Effect. He was -- he's from Cambridge University. And he

12 talks about how cities have to be encased, trapped,

13 banking and breathing in their own manmade dome of ozone

14 pollution. And so whether we can convince those in

15 control of the harm that greenhouse gases do to our

16 weather patterns, no one can deny that the Jacobson Effect

17 in itself should be enough to warrant Perry to clean up

18 our air.

19 Back in May I went to our city council

20 with an environmental rap. It kind of went like this,

21 this one part about Perry. To keep the status quo our

22 Governor is suing the EPA. For 20 years we failed to pass

23 because pollution is okay. We've had no incentives to

24 lead and make the change from dirty fossil fuels, home,

25 home, the gas well range.

Hearing January 14, 2011
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1 Well, you know, I don't want to live in a

2 gas well range. And I'm fighting Chesapeake. And I was

3 recently in the news for that, for trying to protect my

4 low-income neighborhood. Studying everything that I

5 needed to learn to be able fight this. Dr. Al's SMU

6 study, under table 21 showed the differences between

7 summer and winter effects with condensate tanks and oil

8 tanks. And the VOCs increased by like 389 percent, the

9 HAPs increased by like 1,746 percent. The CO2 increases

10 about 224 percent. And the methane increases about 233

11 percent. So we really need to shoot for a zero tolerance

12 of methane emissions with vapor recovery systems. Any of

13 the technology available. Fort Worth's preliminary air

14 test showed that when looking at HAP, Fort Worth gas

15 drilling sites there's a 68 percent leakage rate.

16 Last August a rep from the Railroad

17 Commission told the EPA, Well, there's going to be a

18 problem if we seal every leak. I don't know what that

19 meant, but I'm hoping we can safely work out ways to shoot

20 for zero emission tolerances especially in urban areas.

21 We've got the car exhaust to deal with as it is. This

22 will be a win-win. We don't need to be seeing our HAP go

23 into the atmosphere, you know, contributing to this

24 Jacobson Effect.

25 As we speak, the city of Bedford and the

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1 city of Keller are struggling to reopen major roads

2 because they have some gas drilling -- because they had

3 some natural gas drilling leaks today, actually they were

4 in the street. People are seeing the Jacobson Effect

5 today because they can't drive through. They may not know

6 about the Jacobson Effect. But there is an effect and two

7 incidents happened today.

8 Here's a picture of my son who's in eighth

9 grade at Bailey Junior High. Yesterday and today I had to

10 remove him early from school because -- you know, they did

11 let out early, but he couldn't stay and play with his

12 friends because Carrizo was fracking just down the street

13 and the kids were in the area and wind's happily blowing

14 in the wrong direction. So my son missed out on playing

15 with his friends on two important days for him. The

16 Halliburton employees had masks, but the children did

17 not. And so right now my son hates me.

18 The research I have done in the last six

19 months having covered a myriad of finger pointing as to

20 who's looking out for the health and safety of our kids.

21 The planning and zoning committee was telling city council

22 we're going to approve this well, but we're not going to

23 do health in safety. And city council's not hearing the

24 health and safety sample, we're going to approve this well

25 because P&Z just approved it. And the AISD says, Well,

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1 our kids are okay because the gas drilling ordinances and

2 the city of Arlington said everything is safe. And, you

3 know, when I look back at all the archive videos, I'm like

4 no one is watching out for our kids.

5 There's gaping holes in the regulation

6 right on down to the drill companies that say we're

7 following local, state and federal regulations. So the

8 hope is that the cities can have powerful local drilling

9 ordinances, but no. We had energy resources committee a

10 couple of months ago saying shouldn't we do this at a

11 state level, maybe the Railroad Commission should take

12 that power away from them. No, no, EPA we need you

13 because every bit of hope that we can have thrown our way

14 like the PBR being tightened up. Right now they're

15 extending that, so they can work with the drillers. We're

16 hoping, we're wondering, we're praying.

17 I think the EPA has little time left

18 depending on who's going to be our next president. So we

19 really got to make this time count. I'm wondering, you

20 know, just living down for 20 years from the GM plant, you

21 know, my son has some dyslexia problems, the girl across

22 the street does, the little boy that was just on her side

23 of the street, he was born with a defect. So, you know, I

24 put up with the GM plant. I've lived for eight years in a

25 refinery town. I came to Texas and I thought I got away

Hearing January 14, 2011
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1 from all that. Please help me.

2 MR. DIGGS: Thank you very much for coming

3 out today.

4 The next speakers, Faith Chatman (sic) and

5 Harriet Irby.

6 MS. CHATMAN: Hello. I'm Faith Chatham,

7 C-H-A-T-H-A-M. And Harriet and I are some of the

8 cofounders of D/FW Regional Concerned Citizens. We are a

9 watch-dog group that concentrates on government in the

10 north central Texas council of government. We actually

11 were founded when we realized that a lot of our policies

12 that had formerly been federal and state were being

13 decided on a regional call basis. And so we began

14 watching what was happening with the COG. We look at

15 ethics, we look at environment, we look at transportation.

16 Originally a lot of our effort was on the

17 TransTexas Corridor. And the way they had come in and we

18 engineered they had looked at everything that was illegal

19 and basically rewritten laws to make everything that they

20 could do legal. We see the same thing happen in Barnett

21 Shale and across Texas and not just across Texas. Let's

22 face it. You can't even go to the Rocky Mountains anymore

23 and get clean air. We have polluted this nation. The

24 magnitude of increase in development of fossil fuel and

25 gas is rampant and it's very, very expensive and they make

Hearing January 14, 2011
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1 millions of dollars and small groups of environmentalists

2 and citizens are really at a big disadvantage when it

3 comes to even being educated enough to speak on these

4 issues.

5 I am a Texan. I'm proud of being a

6 Texan. My father's family came here during the Republic

7 of Texas from Virginia. My mother's came in 1850. I'm

8 from the piney woods. I grew up walking in the woods with

9 my dad who knew the name of everything that crawled, grew

10 or whatever. You know, I mean we had abundance of

11 everything, but we have squandered it.

12 And, folks, I do not think it is right

13 that anyone who was elected in the election where 85

14 percent of the elected voters didn't vote for them, can

15 stand here and say the EPA doesn't have the right to

16 enforce federal regulations to protect us. 85 percent of

17 the registered voters of Texas stayed home or voted

18 against Rick Perry and Greg Abbott. So if you think you

19 have a mandate, I'm sorry they don't.

20 We have looked at times when the EPA has

21 greatly failed us. Right now you're on board. And I look

22 at people putting so much hope and faith in you. And I

23 truly pray that you will have the backbone and fortitude

24 and the resources to do what needed to be done 40 years

25 ago.

Hearing January 14, 2011
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1 What we are doing in our environment right

2 here affects not only Texas, but it goes as far as the

3 Caribbean basin with earthquakes and changes -- the

4 poorest people of the world are the greatest impact by our

5 taking billions and billions of dollars of our resources

6 and not doing the best practices.

7 I live in Arlington, Texas now. I live

8 right down the street from Kim Feil. We are five blocks

9 from Jerry Jones' cathedral, the great spacecraft that

10 landed in our neighborhood. And there are pluses and

11 minuses to having the Dallas Cowboys as a neighbor. But

12 when you put a couple of gas wells right by it, they sort

13 of diminish. It brings in a lot of cars. It brings in a

14 lot of traffic. And I am a person that is very medically

15 vulnerable. And it concerns me that when a new industry

16 of any kind comes in our neighborhood they're not required

17 to do an inventory of the medically vulnerable people

18 close to the place where they plan to put that plant, that

19 well, that pipeline or whatever polluting establishment.

20 Even if it is a temporary construction's place, they do

21 not have to look at the ones who are on chemotherapy, the

22 ones who have asthma.

23 The CDC says one out of ten Americans

24 today has asthma. When I was a child I only knew one or

25 two people that had asthma. You know, I never dreamt that

Hearing January 14, 2011
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1 these things would happen. We have got to have not only

2 the rules that you are being asked to enforce, but strong

3 attention to reasonable regulation of all of our

4 industries. Our city councils do not have any way of

5 knowing what the compliance history is of an industry

6 that's coming into their neighborhood.

7 Recently the TCEQ asked us to have a few

8 friends over and talk to them. And so on 24-hours'

9 notice, the EPA sent a couple people, the Railroad

10 Commission sent a couple of people, and about 17 other

11 citizens sat there and we talked and we asked questions.

12 And I found out that some of the agencies are prevented

13 from considering noncompliance in permitting, others can.

14 That needs to be changed. Noncompliance must be a reason,

15 not to permit permitting.

16 Thank you so much for coming. Thank you

17 for your hard work. Thank you for listening to us.

18 MR. DIGGS: Thank you very much for your

19 comments.

20 MS. IRBY: Good afternoon. Harriet Irby.

21 I currently live in Pantego, Texas. And I would like to

22 welcome all you fine EPA representatives to our somewhat

23 yellowish north Texas air shed. You may have seen the

24 haze dawn as you've flown in. I own a house in

25 San Francisco and many times I've seen the haze dome on

Hearing January 14, 2011
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1 the approach to D/FW airport.

2 But in my remarks today I'd like to read

3 first something I picked up from Capitol Annex, which is a

4 very good blog coming out of Austin. And it talks about

5 this court decision of the circuit court of appeals for

6 the District of Columbia. And this was apparently last

7 week. Has denied motions brought by the state of Texas

8 and industry groups to stay the Environmental Protection

9 Agency's regulations, limiting greenhouse gas emissions

10 from mobile and stationary sources. Thank you. After 20

11 years, oh, thank you very much kind justices.

12 The state first sought to stay in

13 September of last year, arguing that greenhouse gas rules

14 published last June were unlawful and would cause

15 immediate and irreparable harm to the industry with little

16 benefit to third parties or public interest. You know, I

17 know we've got real good lawyers in Texas, but dad-gum

18 that one was sure stretched.

19 On December 30th the appeals court granted

20 the state a stay in this temporarily blocked

21 implementation of the rules in Texas. However, today's

22 order -- and I believe this was last week, allows the EPA

23 to proceed with this regulation.

24 Gentlemen of the EPA, it's been 20 years,

25 it's time for Texas to obey the law. Please, I know

Hearing January 14, 2011
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1 Abbott's going to take this to the Supreme Court, that is

2 his privilege, but it's not there yet. Please make good

3 use of your time. Consider we've been waiting 20 years.

4 Okay.

5 The other point. Irreparable harm. The

6 industry and most Texas-elected politicians argue, we have

7 to give the producers free reign because pollution control

8 mechanisms, vapor recovery systems and such, will cut into

9 their bottom line. And right now the price of natural

10 gas, for example, is extraordinarily low. It won't stay

11 that way for sure, but it is not. I would argue this is

12 macroeconomics. And I would refrain macro into immediate

13 bottom-line economics. I plead with you to consider the

14 microeconomic situation. I am a single person. I have to

15 live as a microeconomic unit. The cost of dirty air for

16 me personally is staggering.

17 On January 3, 2011 after an eight-day

18 hospital stay from pneumonia, I was diagnosed with

19 nontobacco caused COPD. Now, I just attended a seminar, a

20 respiratory therapist. I mean, I wouldn't lay around in

21 my room without discussing this. COPD is currently

22 diagnosed in 12 million people. According to a recent

23 edition of senior notes, there's an estimated 12 million

24 more who have it, but haven't been diagnosed. Okay.

25 Nontobacco COPD, you might reframe it environmental,

Hearing January 14, 2011
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1 accounts for 10 percent of all COPD cases. So you're

2 still talking about 2.4 million people. And I am one of

3 them. The respiratory therapist looked at me about a week

4 ago and said, Bad luck. I said, Yeah, bad air. And she

5 said, You know, we're beginning to see it. More people

6 are beginning to understand this. And I thought if I do

7 nothing else with my days, I'm going after dirty air.

8 Now, there's another reason, the cost of

9 dirty air. I had wanted to bring you my hospital bill

10 50,000, 75,000, I don't know, maybe 100,000. It hasn't

11 gotten to the house yet. I have five grandchildren. One

12 of them in Irving, Texas in 1995, Chance Edward Irby died

13 of asthma, age 12. Okay. Chance is gone. He was a

14 talented child. He had been advanced a grade. But he's

15 dead. I have another grandson. Nolan DeLeon, 17, who has

16 moderate to severe asthma. He takes one of the same

17 medications I do. He takes Advair twice a day. Nolan has

18 been to the hospital several times via ambulance with

19 severe asthmatic distress. Okay. And I've got to

20 thinking about it, while I sat here, I thought, My God,

21 he's only 17, I'm 68, we're on the same medications. He's

22 already taking steroids. What if he has to do that all

23 his life? What's it going to do to his heart? What's it

24 going to do to his lungs? How many infections is he going

25 to get? I would have rather for these three fine young

Hearing January 14, 2011
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1 men who's doing this and were ready to go to college that

2 my $75,000 could have gone to educate them in a

3 university, but it probably won't.

4 The future of Texas lies in an educated

5 workforce, not in a super-duper drilling scheme. We get

6 to the future with an educated and aware workforce, that's

7 the only future, that's the only way. Thank you.

8 MR. DIGGS: Thank you very much.

9 MS. IRBY: I would like to say one more

10 thing, if I may. I'll make it really short. There are

11 some very, very fine people working for the TCEQ. They

12 are doing excellent work in their dedication to people,

13 but there are people above them that are blocking what

14 they're doing. Even when it goes to the highest level of

15 enforcement, the only person in Texas that can shut down a

16 noncompliant compression station or gas well is Greg

17 Abbott. That tells you how important you are, because it

18 doesn't matter how hard TCEQ works. When it comes down to

19 the final measure, only Greg Abbott has the authority to

20 get rid of the worst polluters. You're the only thing we

21 have left.

22 MR. DIGGS: Thanks a lot of sharing that

23 experience also with us. The next two speakers David

24 Griggs and Jan Sanders. Mr. Griggs' name is not spelled

25 that different than mine, so I hope I had a good

Hearing January 14, 2011
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1 pronunciation.

2 MR. GRIGGS: In what order would you like

3 for us to go?

4 MR. DIGGS: Mr. Griggs, you're first.

5 MR. GRIGGS: Well, good afternoon,

6 gentlemen. My name is David Griggs. Thank you for the

7 opportunity to provide comments here today. I'm a local

8 attorney and a concerned citizen who lives in Dallas

9 County. I'm, by no means, an expert on clean air issues,

10 but I do keep up with the problem.

11 For years many of us have been concerned

12 about air quality in the D/FW area. We've seen it

13 deteriorate year after year and we thank you for

14 recognizing the problems in this area. And I'm here today

15 to lend my support to your efforts to enforce the Clean

16 Air Act in Texas. Thank you for implementing the recent

17 rules that went into effect to ensure that industrial

18 facilities can get clean air permits when for -- for

19 greenhouse gas emissions when needed and other

20 clarifications of the permitting process. And thank you

21 for trying to work with our Texas authorities despite

22 their reluctance to clean up our air. Many of us are,

23 frankly, embarrassed by the actions of some of our state

24 officials to block your efforts. But we are appreciative

25 of your perseverance.

Hearing January 14, 2011
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1 Our goal should be to create a clean air

2 energy economy and to create more jobs. This is the only

3 way I believe that we can encourage business and industry

4 to invest in our state. Quality of life and the health

5 and safety of industry employees and the public should be

6 the priority. And we cannot allow our state environmental

7 officials to prolong business uncertainty. This will only

8 cost the taxpayers and hurt the state, which is already

9 facing a serious budget shortfall.

10 We thank you for what you do and please

11 keep up the pressure because the future is at stake.

12 Thank you.

13 MR. DIGGS: Thank you very much.

14 MS. SANDERS: I'm Jan Sanders. I'm a

15 member of a lot of the organizations that have come

16 forward this afternoon to speak to you. I have over a

17 lifetime been concerned about the protection of the

18 environment. I'm old enough to remember the hard tedious

19 fight that it took to put in place the Clean Air Act. And

20 as people have said, We're looking to the EPA to help

21 enforce that law. We are a nation of laws. And with laws

22 come regulations, clarification, and when it goes awry

23 sanctions, penalties, calling people to justice. I'm

24 concerned about justice, environmental justice. We've

25 heard a few words about that.

Hearing January 14, 2011
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1 I'm concerned about people's health. Good

2 night, this afternoon sounds more like a hospital report

3 than it does an environmental report. I hope that you

4 were listening to the cries and pleas of mothers and

5 grandmothers and individuals that have been impacted by

6 dirty air, just dirty air. And I call that environmental

7 justice a call to environmental justice. Environmental

8 justice was initially a slogan or a phrase that was

9 identified with the terrible practice of placing

10 industrial polluters in poor and marginalized

11 neighborhoods. We are all poor and marginalized by bad

12 air.

13 We also -- the other thing about the

14 environment and that we're not talking about today is

15 clean water. Air and water are like a web of a spider web

16 of how they interact and play off of one another. I

17 picked up a headline this morning about the emergence of

18 seeing toxins in pregnant women, that it's on the

19 increase. I would advise that you seek out that report.

20 We've known for a long time, most women at least, that

21 lead and mercury affected the unborn child in our womb,

22 but now we're seeing more and more and more of that affect

23 that biological process that is a miracle of life. We've

24 got to do something.

25 Final word, the global warming. We had

Hearing January 14, 2011
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1 the scientific words that call us to an alert. Get busy,

2 you've got a lot to do.

3 MR. DIGGS: Thank you very much for your

4 comments.

5 The next two speakers Eva Hernandez and

6 David Gray. And if both of you could spell your last name

7 as you do your introduction.

8 MS. HERNANDEZ: Sure thing. My name is

9 Eva Hernandez, last name Hernandez, H-E-R-N-A-N-D-E-Z.

10 Thank you so much for the opportunity to speak with

11 you-all today on this very important issue. And the main

12 point that I want to make is that I am urging the EPA to

13 stick to their guns and protect our health by regulating

14 greenhouse gas emissions in Texas.

15 I'm glad that the court ruled in 2007 that

16 carbon dioxide is in fact an air pollutant, which is

17 subject to control under the Clean Air Act. Taking over

18 this permitting in Texas is a good first step. And I'm

19 glad that we'll see greenhouse gases regulated this year

20 before it's too late. I'm glad it's not a fight that my

21 children are going to have to fight, but it's not enough.

22 You know, permit after permit have been issued in Texas

23 that do not meet the Clean Air Act. And those permits

24 when those, you know, coal plants are built and these

25 dirty-polluting facilities, they're going to make our

Hearing January 14, 2011
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1 vulnerable populations like children and elderly even more

2 sick. Already asthma rates have doubled in Texas. Texas

3 is number one in carbon dioxide emissions, mercury

4 emissions. We rank extremely high in NOx and SOx, and

5 it's killing us. And it's -- enough is enough.

6 So I'm asking you to uphold the law in

7 Texas because Governor Perry and the TCEQ they've just

8 gone completely rogue. And I'm asking you to uphold the

9 law and regulate greenhouse gas emissions. I'm glad

10 you're taking this step. But, unfortunately, the EPA

11 didn't take it willingly; Texas is forcing you to do

12 this.

13 So as you've heard today, but for many

14 people it's not enough. So the last thing is, I want you

15 to uphold the law and I want you to step in on these air

16 permits for a recently permitted White Stallion and

17 Tenaska coal plants, both of which are essentially illegal

18 air permits. I want to make sure -- I'm asking you to

19 make sure that Tenaska and White Stallion air permits --

20 coal plants -- proposed coal plants are required to get a

21 greenhouse gas permit because those permits were

22 fast-tracked so they wouldn't have to meet this important

23 regulation. I'm also asking you to uphold the law and do

24 not allow the Las Brisas -- the proposed Las Brisas

25 petro coke plant down in Corpus Christi, don't allow that

Hearing January 14, 2011
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1 air permit to be granted.

2 I'm glad that -- you know, I'm glad that

3 my children won't have to fight this fight in regulation

4 of dangerous greenhouse gas emissions, but I don't want

5 them to have to fight to breathe clean air. So if you

6 don't take over the entire air permitting program in

7 Texas, I am asking you to take over and to step in on the

8 air permits for White Stallion, Las Brisas and Tenaska.

9 Thank you.

10 MR. GRAY: Hello. My name is David Gray,

11 G-R-A-Y. I'm not on the staff here at the EPA in Dallas.

12 That's another David Gray.

13 MR. DIGGS: There is a David Gray on our

14 staff.

15 MR. GRAY: Yes, we get confused often. I

16 live here in Dallas. I'm representing the Texas

17 Conservation Alliance, a nonprofit conservation

18 organization. It covers the State of Texas. And is also

19 the state affiliate of the National Wildlife Federation.

20 I've lived in Dallas for many, many years. I really

21 appreciate your patience today in taking all this

22 testimony for the EPA and stepping up to protect our

23 state -- the people in our state, especially our kids and

24 grandkids, the wildlife and the animals and plants that we

25 love and the planet in general.

Hearing January 14, 2011
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1 Despite a lot of myth and disinformation,

2 I believe that CO2 is a greenhouse gas. It's causing

3 global warming. And I believe that that CO2 is caused by

4 human activity. So it is crucial to us as a state, as a

5 country, as a planet to slow the growth of greenhouse

6 gases, hopefully to reverse global warming.

7 We agree that the EPA has mandate to

8 regulate and permit for polluting activities, especially

9 for large businesses, and that is obviously the best place

10 to start. Best available technology is not only cleaner

11 but it's more efficient, it's cheaper to run and it -- it

12 actually offers opportunities for recycling, in the fact

13 that CO2 can be captured and used in a lot of different

14 ways. Clean air is important in Texas because we -- as it

15 was mentioned are emitting a whole bunch of mercury

16 sufficient to make our lakes and fishing in those lakes

17 unsafe. The TCEQ has failed miserably on a lot of

18 accounts but particularly in this case. And, of course,

19 Governor Perry is backing up that decision. We have a

20 long history of failing SIPs in this state, as I'm sure

21 you know. It's -- we actually welcome you to the table

22 here.

23 Without this action a lot of the -- a lot

24 of the construction and building of new facilities will

25 not go forward. And without the EPA's action here those

Hearing January 14, 2011
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1 facilities will not be built and this is a growing state

2 so that's important. However, Texas is exceptional as you

3 may know in that in this case it's the only state in the

4 union that has refused to comply with the federal law.

5 Without this action we would not only be perhaps with less

6 power, but also explore -- exposed to more pollution in

7 the -- than the rest of the nation.

8 Most Americans, in my opinion, want clean

9 energy. We want clean energy and green energy. We want

10 less imports and more jobs. Rick Perry has refused to

11 revise the rules and adopt new -- new regulations. I

12 don't know if he thinks that greenhouse gases is perhaps

13 generated by greenhouses, who knows. I don't know. I

14 can't believe that Governor Perry would actually wish to

15 stop construction and growth but how -- but for whatever

16 reason, that's what he's doing in this case. After all,

17 as the saying goes, What's good for business is good for

18 Texas. This action by Texas to -- to block any regulatory

19 action puts our planet at risk and the future of our

20 kids.

21 Again, thank you once again. I support

22 your actions. Please continue to work hard to protect us.

23 MR. DIGGS: Mr. Gray, thank you very much

24 for giving comments. Ms. Hernandez, you likewise.

25 The next two speakers, Jennifer Rogers and

Hearing January 14, 2011
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1 Frederick Lopez.

2 We'll get your statement into the public

3 record.

4 Since I called Ms. Rogers first, you're up

5 first to speak.

6 MS. ROGERS: Hi. My name is Jennifer

7 Rogers and I live in Flower Mound, Texas. I came down

8 sort of impulsively straight from work and I don't have

9 anything prepared or written, but I'm coming because over

10 the past year I've been directly involved with fighting

11 all the natural gas drilling in our town that's done in

12 such an unsafe way. And I know that's not what this is

13 about today, but what I've discovered through the process

14 is how much TCEQ fails us as citizens of this state. They

15 have -- we've had 60 calls I think in the last year in

16 2010 from our county alone in Flower Mound to the TCEQ

17 complaining about odors and emissions in our town. And

18 they've yet to -- I mean, there's no vapor recovery,

19 there's no action taken, there's no fines given. It's

20 just ridiculous. And it takes them a long time to come

21 out. It takes a long time to get the results back. A

22 woman that I've worked closely with, the most recent

23 results that they got at the same time that they called in

24 the complaint, she took her daughter and had her blood

25 tested. And before they even came back with what was in

Hearing January 14, 2011
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1 the air, she found out what had been in her daughter's

2 blood that day. And later when they found out what was

3 escalated in the air, it matched what was in her blood.

4 It is a real problem. This is a 16-year-old healthy,

5 young lady that should not have benzene and carbon dioxide

6 in her blood. So that's a separate issue as far as the

7 gas drilling and the greenhouse gases. But the issue is

8 the TCEQ. And I firmly believe that they are influenced

9 and manipulated by the companies in our state that have a

10 lot of money. And the argument they use is Texas is an

11 independent state, you know, we're doing -- we're

12 financially better than this and that and we have more

13 jobs. But that's not worth the cost of our health. And

14 it's not worth the safety of our children.

15 And I've looked into where to move out of

16 Flower Mound to get away from the struggle that we're

17 having there. Besides the fact that my home value has

18 gone down because of what's going on in my town. I went

19 to look in Texas where can I go because we can't go too

20 far. My husband has his own business, we can't just

21 relocate and interview for jobs. And there is nowhere to

22 go in Texas. The air ratings are F, F, F, F everywhere

23 you go. You got to leave Texas if you want to breathe

24 clean air. And so I implore you to save us because we're

25 stuck here.

Hearing January 14, 2011
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1 MR. LOPEZ: Thank you for this opportunity

2 to speak to you this afternoon. My name is Frederick

3 Lopez with the American Lung Association, representing the

4 national office. I'm director of environmental health

5 here in north Texas and a resident of Dallas.

6 Climate change is a serious health issue.

7 We must address the root of the problem, which means

8 reducing emissions that contribute to climate change. The

9 American Lung Association believes that every state must

10 follow the law and protect its citizens from air

11 pollution. The Clean Air Act is helping Texas cut air

12 pollution greatly, protecting our citizens from harmful

13 lung disease that cause or exacerbate -- that is caused or

14 exacerbated by air pollution.

15 Forty years ago Congress gave the EPA the

16 responsibility of enforcing the Clean Air Act. Without

17 these measures we would have a much worse air pollution in

18 Texas putting at risk lives and health of our children,

19 our elders and our families with lung disease. Therefore,

20 the American Lung Association believes that the EPA has

21 the responsibility to help states protect their citizens

22 from harmful pollution. And it is the American Lung

23 Association's position to support the EPA's efforts to

24 enforce the Clean Air Act and to protect the health of all

25 Americans. We oppose any efforts to weaken, delay or

Hearing January 14, 2011
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1 block the EPA from protecting the health of our citizens

2 and public health. Clean air is not a political issue.

3 It's a life/health issue and it's not a partisan issue to

4 us. It's an issue about a child with asthma, unable to go

5 and play outside because he can't breathe the air.

6 Texas as a whole has 1.2 million people

7 suffering from adult asthma. They have 633,000 pediatric

8 asthma cases. We have 748,000 people suffering from

9 chronic bronchitis. 266,000 people suffering from

10 emphysema. And over 50,000 people diagnosed with lung

11 cancer. And we think you can change those trends with

12 enforcement from the EPA. Thank you.

13 MR. DIGGS: Thank you both very much. We

14 have one additional speaker and then we'll take a break.

15 The opportunity for the hearing is to run until 6 o'clock

16 to give the opportunity of people that were working to

17 come. This is the last speaker that has signed up, but

18 we're not going to leave. And just as this group, myself

19 and Jeff, we're both from Dallas/Fort Worth. In fact,

20 I've lived in Dallas/Fort Worth for over 30 years. And so

21 I certainly appreciate the comments about

22 Dallas/Fort Worth. And I'm very pleased that Raj Rao and

23 Peter Keller are from North Carolina. And so they came a

24 considerable distance of traveling. Howard Hoffman is

25 from Washington, D.C. And so you'll get enough

Hearing January 14, 2011
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1 perspective from being able to speak to the EPA, not only

2 to the regional, but to headquarter's office and to

3 Washington. And so we appreciate your comments very much.

4 Next speaker is Sandra Denbraber. I hope

5 I got that name close.

6 MS. DENBRABER: You did.

7 MR. DIGGS: If additional people want to

8 speak, if they would let Jan Cortelyou know and she'll get

9 you signed up. And then the comment period is open for

10 written comments. And so as soon as this speaker

11 finishes, I'll touch on again. The comment period for

12 those that want to make sure that they hear from EPA in

13 writing as well. Let me turn the floor to you. And thank

14 you very much for your willingness to speak.

15 MS. DENBRABER: My name is Sandra

16 Denbraber and I live in Arlington, Texas near the

17 University of Texas Arlington. And I've lived there since

18 1984 and the air was fairly clear where I lived until they

19 decided to do natural gas drilling. They had a done deal

20 before they even told us. So we had no say in having a

21 drilling rig put less than 600 feet from my home. And

22 there's two other houses that were closer on my street.

23 And when you're in a city, natural gas drilling rules and

24 regulations in the state of Texas are not adequate because

25 there's -- were meant for rural areas. And the one place

Hearing January 14, 2011
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1 that the state of Texas has not addressed is how to

2 uniformly cover everybody in this area, all the

3 residential areas, and make stricter drilling ordinances.

4 Because for me -- they would set my carbon monoxide

5 detector. And the outside of my home would smell like I

6 was in the middle of an oil refinery. They did that on

7 multiple occasions. And it would happen in the middle of

8 the night. Do you know what it would be like after having

9 that happen multiple times. Would you want to go to

10 sleep? I didn't. The health problems that were there

11 from drilling 24/7 with diesel generators and the diesel

12 exhaust and all the pollution from that flared up every

13 symptom I had had when I was initially diagnosed in 1984

14 with chemical sensitivities. I had no place to run.

15 Their diesel exhaust would enter into my home and I had

16 extra air filtration in my home. I had HEPA filters,

17 large charcoal filters. And it was still coming into my

18 home. My neighbors were all Section 8 housing. They had

19 no say. They didn't even understand what was happening to

20 them. One of the really sad things in our country is

21 doctors are no longer taught about toxicology and the

22 affects of toxic chemicals on us. And we need to do

23 something to clean up our air so that everyone is not

24 subjected to the same thing that happened to me or maybe

25 even worse. Some people are closer, some people have

Hearing January 14, 2011
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1 greater symptoms and they don't realize what's causing it.

2 My background was that I was an RN and I

3 did occupational health nursing. So I knew because of my

4 reactions what was happening to me. I had an excellent

5 physician that tried to calm the reactions as hard as he

6 could and he could not calm the reactions very well that

7 first year. It was a living nightmare, and that went on

8 for three years. And it took almost three full years for

9 the TCEQ to finally give an enforcement with violation to

10 Carrizo Oil & Gas.

11 Based on my doctor's letter and the fact

12 that I have drilling chemicals in me and no other source

13 but Carrizo Oil & Gas could be found doing that. If it's

14 doing it to me, what did it do to everyone else in my

15 neighborhood? What is natural gas drilling do to all the

16 people in this area? Because most doctors don't know what

17 to look for. And they'll just poo-paw the symptoms off on

18 something else.

19 We need to clean up our air so we don't

20 have to fight this battle, that we can live in peace and

21 with clean air and not have the lung problems. My lungs

22 still burn. And not that the drilling has been stopped

23 with the violation with enforcement, they still have 22

24 wells that have frack water that comes back daily and the

25 tap -- frack water recovery tanks have to be released -- I

Hearing January 14, 2011
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1 mean, emptied daily, but they don't have vapor recovery.

2 So we're still being exposed to toxic chemicals, and

3 that's a forever thing. I never ever bought my house and

4 sat out there with the knowledge of anyone would come in

5 and violate my right to clean air. And that's why the EPA

6 is so important in this battle, to help us with getting

7 clean air.

8 I know that there's lots of areas that

9 clean air has to be addressed in. But natural gas

10 drilling is going to be a countrywide situation and until

11 that is addressed on a national level so that everybody

12 has very strict standards, you are going to have people

13 becoming sick and most people won't know what's causing it

14 because they don't have the doctors to diagnose it. Thank

15 you.

16 MR. DIGGS: Thank you very much. Jan, are

17 there any other speakers signed up?

18 MS. CORTELYOU: Not yet.

19 MR. DIGGS: There's a sheet on the back

20 table that identifies other ways to comment. And the

21 comment period is open through February 14th. We accept

22 nationally through e-mail comments and letters. And so

23 the details of the instructions is on the registration

24 table. So the verbal comments given today have been

25 captured for the record and will be carried forth as part

Hearing January 14, 2011
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1 of the docket. But certainly if you haven't spoke and

2 have an interest in such, and get an official comments

3 then the comment period is -- runs through February 14th.

4 And so we're going to close the hearing temporarily as we

5 get additional people to sign up or speak and then we'll

6 reopen and accept comments. And so at this time we'll

7 take a break until some other people sign up. And again

8 the hearing is open until 6 o'clock -- oh, excuse me.

9 7 o'clock. 7 o'clock.

10 (Recess was taken.)

11 MR. DIGGS: It's 4:35. If we could reopen

12 the hearing. We have three speakers that want to give

13 testimony. And so we're real pleased with you joining us

14 to give testimony. The first two to call is Claudia Meyer

15 and Edward Meyer. And so if you would come forward. And

16 Mrs. Meyer I'll let you go first, if that's fine, and then

17 Mr. Meyer to follow. If you could wait just a moment till

18 our panelist have -- needed to slip out -- Howard Hoffman

19 was with us from the Office of General Counsel. I think

20 he caught a plane at 4:30 or 5 o'clock from Washington to

21 fly down, so he's got a flight that is at about 6 o'clock

22 to fly back. So he's had to slip away, but he's going to

23 look at all of the transcripts of the hearing. And so

24 your comments will mean just as much as anybody's that

25 have been given today. So Mrs. Meyer, I'll let you go

Hearing January 14, 2011
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1 ahead.

2 MS. MEYER: Thank you. My name is Claudia

3 Meyer. I am a resident of Dallas, Texas. I am a recently

4 retired medical social worker and I'd like to comment.

5 The U.S. Supreme Court ruled in 2007 that

6 the Clean Air Act allows greenhouse gas regulation. So

7 what is Governor's Perry motive to keep pursuing

8 noncompliance to regulating -- to regulating industry's

9 toxic gas emissions with permits? It appears that he

10 believes that he represents only industry. And Governor

11 Perry is continuing his record of letting industry have a

12 freehand including the air at the expense of the public's

13 health by defining the permitting process. Governor Perry

14 and industry such as coal-burning power plants,

15 not-so-natural gas drilling, cement kilns and others to

16 fend their position of noncompliance by citing Texas as a

17 heavy industry state and, therefore, does not need to play

18 by the same rules of other states. The fact is that we

19 are not the only state, as we heard earlier with heavy

20 industry, and those other states with heavy industry are

21 complying to reduce emissions. And if a state has heavy

22 industry and, therefore, are heavy polluters, isn't it

23 even more incumbent on the state to work with industry to

24 reduce harmful gases.

25 Another point, industry spokepersons

Hearing January 14, 2011
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1 caution us that the citizen will end up paying for the

2 companies to meet these guidelines. These are, in my

3 opinion, fear tactics used to intimidate the public. We

4 know the prevention of pollution is costly that can send

5 especially vulnerable children and elderly to the

6 emergency room. And we have some very, very poignant

7 stories about that today. And as a medical social worker

8 I have seen a four-year-old girl struggle to breathe, a

9 mother housebound with chronic obstructive pulmonary

10 disease, COPD; a 57-year-old man and nonsmoker totally

11 dependent on his oxygen tank that he drags behind him.

12 In summary, by continuously pursuing

13 lawsuits against permitting process for clean air the

14 failed state government of Texas is aiding and abetting

15 the conscious polluting of our air. This is an

16 embarrassment to the citizens of Texas and the surrounding

17 states that breathe our polluted air. Governor Perry you

18 know that you -- you think you have the citizens' mandate,

19 but that is -- you keep referring to this, but the mandate

20 is for clean air. That's what Governor Perry's mandate is

21 and it should be. I want to thank the EPA for the

22 positive steps that you have taken for the health and

23 welfare of our citizens. Thank you.

24 MR. DIGGS: Thank you very much for your

25 comments.

Hearing January 14, 2011
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1 MR. MEYER: Good afternoon. My name is Ed

2 Meyer, M-E-Y-E-R. I live in Dallas. And I have a problem

3 with the quality of the air in the state of Texas. One of

4 our biggest concerns is the toxic emissions from gas wells

5 in Texas. Benzene, one of the many emissions associated

6 with gas well drilling not only is known to cause cancer

7 but also birth defects. Texas already has the highest

8 benzene emission of any state. Reviews by state

9 regulators have found elevated benzene emissions at over

10 20 percent of Texas gas wells. There are industry

11 innovations, such as vapor recovery systems that could

12 significantly lower these emissions. Sadly, they are not

13 widely used or required.

14 Already, the EPA had to take action

15 against a drilling company in Texas after state regulators

16 failed to act. Texas says Clean Air Act does not

17 authorize regulation of greenhouse gases. I ask you, What

18 part of clean air do they not understand? It looks to me

19 like Governor Perry wants to be probusiness, but he has

20 gone too far. One of Perry's reelection campaign ads

21 read, Texas is open for business. But what kind of

22 businesses will Texas attract if we can't enforce the

23 Clean Air Act? Do businesses or people, for that matter,

24 want to come to Texas and breathe dirty air. Texas has a

25 responsibility to take care of the health and welfare of

Hearing January 14, 2011
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1 its citizens. But it looks like it's up to you to see to

2 it that that happens. I thank you.

3 MR. DIGGS: Thank you very much,

4 Mr. Meyer. Thank you very much.

5 Next speaker is Helen Bush.

6 MS. BUSH: Good afternoon.

7 MR. DIGGS: Good afternoon.

8 MS. BUSH: My name is Helen Bush. I've

9 lived in Dallas since 1973. For five years before that I

10 traveled through the United States coast to coast and the

11 world, far east. And I want to make my comment. And I

12 have picked up on something the previous speaker said, the

13 Governor may think he has the citizens' mandate. I

14 believe so many people are in survival mode for so many

15 years, they have no time to pay attention to the subject

16 or read it for the facts. So I just want to corroborate

17 that about the previous speaker.

18 I wrote down these notes and hope they're

19 very brief. I am for protecting the environment. I've

20 been watching the subject since 1952. 1961 for my science

21 classes, I've been reading the Dallas Morning News science

22 page on Monday before the financial page or the home pages

23 or the headlines. I am for making decisions that protect

24 the environment. And I'm in favor of what will promote

25 clean air, clean water and a safe environment.

Hearing January 14, 2011
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1 My comments -- let's see. I'm telling you

2 a belief, but it is based on much reading over many years

3 of interest in this topic since I went to Indiana

4 University in 1964 to 1968 and majored in science. I

5 believe that your arguments to allow degrading air, water

6 and land are in favor of industry is based on believing

7 that degradation is to justify by the needs and demands of

8 keeping the economy and jobs going, that you may know that

9 the environment is degraded, but you're saying it's

10 justified because you have to keep the economy going. I

11 believe that maintaining the highest standards of

12 protecting air, land and water and the quality of life are

13 in the best interest of a future economy and will promote

14 a stronger economy. And I believe that the answer is in

15 city planning. And when cities that are recyclable,

16 energy efficient and planned housing which saves energy

17 and all that technology has been here since I was --

18 studied science in the 1960s. We don't even need any new

19 science to do those things with a good economy that is

20 strong. What we are doing is forging ahead with polluting

21 industries when we already have excellent technologies

22 that are just sitting on the shelf for 30, 40 and 50

23 years. And that is my comment. I believe the answer is

24 in city planning.

25 MR. DIGGS: Thank you very much for coming

Hearing January 14, 2011
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1 out and sharing your points and comments with us. Let us

2 at this time close the hearing again temporarily until we

3 have more speakers show up.

4 (Recess was taken.)

5 MR. DIGGS: This is Tom Diggs, the

6 associate director for the air program and it's -- the

7 hearing has been closed and it's now 5:50 and we'll be

8 opening at this point. This is the public hearing on the

9 proposed termination concerning the need for error

10 correction, what's called the prevention of significant

11 duration program and the partial approval and partial

12 disapproval of Texas's state implementation plan for the

13 permit program, especially for greenhouse gas. And so

14 thank you so much for joining. We've had a large group

15 all day, lots of testimony. I think we're up to just

16 about 60. And so I'm -- thank you for joining. Whether

17 the room is full or not when your testimony is given it

18 counts just the same as part of the public record. And so

19 the public comment period is open until February 14th for

20 written comments.

21 Thank you so much for coming out and

22 giving your comments verbally. I myself, Tom Diggs and

23 Jeff Robinson, we're from the regional office here in

24 Dallas. Raj Rao and Peter Keller have come all the way

25 from the office of Air Quality Planning and Standards, our

Hearing January 14, 2011
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1 headquarters office in North Carolina. And so we're very

2 anxious to hear your comments both from the headquarters'

3 perspective and the regional perspective both in this very

4 important rulemaking taking place.

5 We're trying to limit the comments to five

6 minutes for comments. And so when you start, the green

7 light will come on. The green light will stay on for

8 three minutes and then when there's two minutes left the

9 yellow light will come on and then the red light. Since

10 there's not a huge crowd if you need a few minutes more

11 I'm not going to cut you off.

12 MR. SCHIEFFER: We can start throwing

13 oranges.

14 MR. DIGGS: So let me call the first two

15 speakers. Sharon Richey and Larry Schieffer. Once you --

16 say your name, if you could, for the court reporter, spell

17 your last name and that will help it for the record

18 tremendously.

19 MS. RICHEY: I'm Sharon Richey,

20 R-I-C-H-E-Y. I wanted to share from the forward in a book

21 called Beyond Earth Day: Fulfilling the Promise. This

22 was put out in 2002. Gaylord Nelson, one of the primary

23 forces who brought us Earth Day, 1970. He and his

24 followers were engaged in a battle to reclaim not only the

25 health of our environment, but also America's most basic

Hearing January 14, 2011
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1 values.

2 The environmental movement embodies the

3 essential American principles, including democracy, free

4 market capitalism, property rights and the central

5 importance of human dignity. The foreward goes on to say,

6 Nowadays, we often hear that some people vow to rid our

7 nation of its federal laws in the name of democracy.

8 We're going to get rid of the big federal government and

9 return control to the states they say. After all local

10 control is the essence of democracy. And the states are

11 in the best position to defend, protect and understand

12 their own environment. The real outcome of that

13 devolution would not be community control, but corporate

14 control.

15 Gaylord Nelson understood that federal

16 laws were necessary to protect small communities and

17 individuals because large corporations can so easily

18 dominate the state political landscapes. The Hudson

19 Valley is only one of thousands of communities across

20 America still struggling with the legacy of the pre-Earth

21 day version of community control.

22 The General Electric Company came in to

23 the impoverished upstate New York towns of Hudson Falls

24 and Fort Edwards, promising the towns' fathers a new

25 factory, 1,500 new jobs and a raised tax base. All the

Hearing January 14, 2011
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1 town had to do was to persuade the state of New York to

2 write GE a permit to allow the company to dump toxic PCBs

3 into the Hudson River. If they refused to cooperate, GE

4 threatened to move its jobs to New Jersey. Hudson Falls

5 took the bait. A few decades later, GE closed the doors

6 on those factories and in their wake they left an over

7 $2 billion cleanup that nobody in the Hudson Valley could

8 afford.

9 Environmental -- federal environmental

10 laws were meant to put an end to that kind of corporate

11 blackmail and to stop corporations from whipsawing one

12 community against another in the race to the bottom to

13 lower their environmental standards and to recruit dirty

14 industries in exchange for the promise of a few years of

15 pollution-based prosperity.

16 Some people complain that environmental

17 regulations impede free-market economy. But you might as

18 well claim that laws forbidding piracy or theft impede

19 free market. The whole point of the environmental laws is

20 to impose a true free market by policing and punishing the

21 cheaters.

22 If you see pollution, you will see people

23 who are not paying their own way, people who are stealing

24 from the public, people are getting the public to pay

25 their cost of production. All environmental pollution is

Hearing January 14, 2011
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1 a subsidy. When GE dumped PCBs, it was avoiding one of

2 the costs of bringing its product to market, the cost of

3 properly disposing a dangerous chemical. In avoiding that

4 cost, the company was able to outcompete and to enrich its

5 shareholders and board, but the cost did not disappear.

6 It went into the fish, and it put employees out of work;

7 it made people sick and it took lands off the tax rolls,

8 and it dried up the barge traffic. Pollution's impacts

9 impose cost on the rest of us that, in a true free-market

10 system, would have been reflected in the price of the

11 polluters product when it came to market. Like all

12 polluters, GE used chemical ingenuity and political clout

13 to escape the discipline of the free market, outcompete

14 competitors and force the public to subsidize private

15 profits.

16 The laws that Gaylord Nelson inspired to

17 reimpose the free market so that -- to get people to pay

18 their own way. That is what federal environmental laws

19 are about. They force companies to internalize their

20 costs the same way they internalize the profits.

21 Industry and political leaders are

22 shortsighted. They're impulse is to treat the planet as

23 if it were a business and liquidation, convert our natural

24 resources to quick cash and enjoy a few years of

25 pollution-based prosperity.

Hearing January 14, 2011
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1 MR. DIGGS: Thank you very much for

2 sharing that.

3 MR. SCHIEFFER: I'm a small business owner

4 here in Texas and I wanted today to raise my voice in

5 support of the EPA's efforts at regulating air quality

6 here in Texas. A brief history, which probably you've

7 already heard, with Bush as governor and now Perry as

8 governor, the Texas Commission on Environmental Quality

9 has increased its cozy relationship with industry. The

10 Texas Commission on Environmental Quality politically --

11 appointments of political appointments of Perry see their

12 customers as the companies they supposedly regulate,

13 rather than the rest of us people. The Texas Commission

14 has resisted transparency, has refused to provide public

15 information and has used the flex permits as ways to

16 further dilute clear information. They have and are

17 failing, in my opinion, in protecting the people's health.

18 Now today they continue to refuse to

19 implement federal regulations of the Clean Air Act despite

20 being the only state in the union to refuse. Despite all

21 this, being probusiness growing jobs is a worthy agenda,

22 just not at the expense of people's health and well-being.

23 Fighting pollution with good science makes sense for

24 business, for corporations, when business listens to

25 98 percent of the scientific community and by acting now

Hearing January 14, 2011
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1 they will save themselves from massive costs down the

2 road. Some corporations have already begun. The

3 bipartisan congressional budget office recently estimated

4 that acting aggressively to curtail carbon emissions would

5 cost the U.S. 3 percent of their gross domestic product.

6 Over the next 40 years that amount is paltry when you

7 consider the alternatives. And some corporations have

8 recognized this already.

9 The EPA's regulations make sense for

10 business, and they should trump the greed and the

11 shortsighted view of our current Governor and his

12 commission on environmental quality. Thank you.

13 MR. DIGGS: If you could give your name

14 and the spelling of the last name so the court reporter

15 can get that just right. My name is Larry Schieffer,

16 S-C-H-I-E-F-F-E-R, no relation to Todd Sheaffer.

17 Thank you both for very much for coming

18 out and for your presentations. Thank you.

19 The next two speakers Terry Jensen and

20 Gary Stuard.

21 MS. JENSEN: I'm Terry Jensen,

22 J-E-N-S-E-N. I am a concerned private citizen from

23 Euless. And I thank you for coming to Texas we need you

24 here. Whatever future is barreling down in Texas may have

25 be very unpleasant. Our state officials, both elected and

Hearing January 14, 2011
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1 appointed and hired, handed by Rick Perry are excellent at

2 keeping their heads permanently stuck in the Galveston

3 sand. They are hanging onto the past and with no real

4 vision of the future. And, unfortunately, they are either

5 unable to see how they are hurting Texas in many different

6 ways or they're just too greedy to care. In my opinion

7 the TCEQ is an example of a state agency that has deserted

8 its citizens to support industry.

9 I've been involved in the environmental

10 movement for several years. And a few years ago I went to

11 three meetings held by the TCEQ regarding our infamous

12 cement kilns in Midlothian. And every one of them, the

13 TCEQ staff brought all the brochures supporting industry,

14 but in their own words they, unfortunately, forgot the

15 brochure showing the impact the kilns were having on our

16 air quality. Three meetings in a row this happened. I

17 don't believe that was an accident. Years later we still

18 need help with Midlothian as you well know. But just a

19 few months ago I heard the head of the TCEQ say his agency

20 had to balance air quality with jobs in Texas. I thought

21 his agency was formed to keep our air and water clean and

22 safe and that we had someone else looking out after jobs.

23 The TCEQ is not keeping us clean. It's not keeping us

24 safe and it's not even keeping us employed.

25 So welcome to Texas and do whatever you

Hearing January 14, 2011
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1 can to bring this kicking and screaming into this century

2 and please don't give up. Thank you.

3 MR. DIGGS: Thank you very much for your

4 statement and coming out tonight. Mr. Stuard.

5 MR. STUARD: Can you hear me?

6 MR. DIGGS: Yes.

7 MR. STUARD: Okay. My name is Gary

8 Stuard, S-T-U-A-R-D, and my first name is G-A-R-Y. My

9 address is 6344 Goliad Avenue, Dallas Texas 75214.

10 First, I want to express my deepest

11 appreciation to all of you and to all the others from EPA

12 that have come down to Texas. Including those who are

13 coming from the local office and the EPA here.

14 Many of us have fought for years and years

15 and years and others for decades against the entrenched

16 stupidity and greed and aberrance. And I would even dare

17 say criminality of this state for the so-called leaders of

18 our state, especially Rick Perry. And the agencies are

19 supposed to protect us, TCEQ and the Texas Railroad

20 Commission, all of them have been not only criminally

21 negligent but willfully so.

22 So I want to express again my appreciation

23 that y'all have come down numerous times this last year

24 looking at the issue of fracking, clean air issues,

25 et cetera, because we cannot trust the leadership, the

Hearing January 14, 2011
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1 political -- our government here to protect us. In fact,

2 they have sold us out knowingly and have knowingly exposed

3 citizens to numerous toxins from mercury, from the

4 chemicals release, from fracking, the destruction of water

5 supplies, et cetera.

6 But I also know that Texas once again is

7 number one for the wrong reasons. Texas as you-all know

8 is number one in the United States greenhouse gas

9 emissions. And I'm sure you also know that Texas is

10 number seventh in the world in greenhouse gas emissions.

11 I do speak as a private citizen. I'm also on the board of

12 Downwinders at Risk, which I've just been on since -- for

13 about a year. I have been working with -- with a

14 religious organization to raise environmental awareness

15 amongst people of faith for the past six years. But I

16 know people have worked 20 years with Downwinders Risk and

17 dealing with a whole host of issues. And I'm very proud

18 and honored to be with them.

19 But for all those different hats, I'm

20 speaking out of deep, deep alarm and concern. You, I'm

21 sure, are aware that we're at the precipice with regard to

22 climate change. It's too late to stop climate change.

23 It's already here. The worse -- many bad things are

24 already happening and will be happening, but I still

25 believe out of desperation that we can still avoid the

Hearing January 14, 2011
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1 worst, which will be 60 percent loss issues if climate

2 change runs away. And we don't have, as I'm sure you

3 know, much time to stop that. So I'm begging you as a

4 citizen in the United States, as a Texas citizen and as a

5 human being, please, please, whatever power you have, stop

6 these madmen who are throwing not only Texas citizens

7 under the bus with regard to the Midlothian cement kilns

8 that produce 60 tons of cement and we can say they also

9 produce 60 tons of CO2. But please, please help us.

10 Because this is not only Texas, this is not only the

11 United States, this is the world.

12 But I do want to applaud your willing to

13 take on these thugs and that's what they are, they're

14 thugs. I don't care how expensive their suits are or how

15 expensive their ties or what church they go to, they are

16 thugs. And we have suffered long enough from them. Thank

17 God, that there is a God, thank God for you because if it

18 was not for you, there would be no hope in this state. So

19 again, thank you so much for being here. We would be lost

20 without you. Thank you.

21 MR. DIGGS: Thank you very much for the

22 comments and making sure that you are here tonight so your

23 comments are part of the public record and will be fully

24 considered as it goes to the next step. Thank you very

25 much.

Hearing January 14, 2011
171

1 MR. STUARD: Well, thank you for holding

2 out to 7:00. I just got off of work and I came here as

3 fast as I could. Thank you.

4 MR. DIGGS: Thank you. We have two

5 additional speakers, Keith Teeter and Jenny Land. If you

6 will both come up to the front desk and Mr. Teeter will go

7 first on the testimony and then Ms. Land. If you could

8 state your name and spell your last name for the court

9 reporter to make sure we get it right.

10 MR. TEETER: My name is Keith Teeter.

11 Last name is T-E-E-T-E-R. And I'm not used to speaking,

12 you know, in a public forum, so I'm a little nervous but I

13 appreciate y'all coming down here.

14 Just my observations, you know, growing

15 up, you know, I grew up in New Jersey, Philadelphia area.

16 I remember maybe one or two kids with asthma when I was

17 growing up and, you know, I coach youth hockey in the

18 area. I have 12 kids on my team. Highly athletic 11 year

19 old kids, four of them have as asthma. And it's kind of

20 sad seeing them come on to the bench and have to have a

21 inhaler, you know, or a breather or whatever they're

22 called. I don't think the, you know, fracking around here

23 is helping with the pollution. They're right in

24 residential areas. And I don't think you see that in

25 other parts of the country this close to the houses and

Hearing January 14, 2011
172

1 things like that.

2 So some people are getting rich off this,

3 but the kids are the ones suffering and -- you know, my

4 grandfather, you know, he fought in World War II, he was

5 at Pearl Harbor, Guadalcanal, Philippines. And I think it

6 was so we could have, you know, our resources protected

7 and not have a few people profit, you know, off the -- you

8 know, kind of breaking federal law here in this state.

9 We need y'all to be able to enforce the

10 federal air standards here in this state. You know, I

11 know your agency is politicized, you know, the elected

12 officials are representing corporations and not really

13 their constituents. You know, I write my congressmen, you

14 know, respective letters and, you know, some of the stuff

15 they talk about sound science and all this is just, you

16 know, they just take the facts they hear that, you know,

17 few scientists that, you know, support what they want to

18 hear to support, who's giving them campaign money and

19 who's supporting them. So I mean, we need you to support

20 the kids because they're kind of defenseless.

21 You know, I don't really know what else to

22 say. But it's upsetting to see. So I hope you're able to

23 do in Texas what you are able to do in the rest of the

24 states. So that's pretty much all I have to say.

25 You know, once the national asthma rate

Hearing January 14, 2011
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1 for children like 8, 9 percent in Tarrant County, Texas

2 for children it's 25 percent, I believe. Some of that has

3 to do -- has to be caused by urban drilling. And Texas

4 has sued the state of Oklahoma for more water. You know,

5 all these companies wasting billions of gallons of water a

6 day fracking, if they would recycle that water properly

7 they wouldn't have to sue other states for water to

8 support their growth. You know, there's just a lot of

9 stuff that doesn't make common sense. So I don't know

10 what else to say. Just hope that you'll help us.

11 MR. DIGGS: Thank you and so much for

12 joining us at the public hearing and taking your time out

13 tonight to come and share your views with us. It's really

14 important. Thank you.

15 MS. LAND: My name is Jennifer Land. And

16 I just want to echo what this gentleman said, it is not

17 easy for us to come out here. This is not always within

18 people's comfort level, it's a foreign process. But I'm

19 finding myself having to do the job of my federal and

20 state and city regulators. And I want to ask why is that

21 falling on me? Why do I know more about the effects of

22 gas drilling than the people that are voting on this and

23 getting to decide life and death decisions for some

24 people.

25 We have the first case of somebody

Hearing January 14, 2011
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1 actually dying from her exposure gas drilling emissions

2 according to her physician. How sad is that, and what

3 about all the unknown effects that we'll only find out

4 from long term epidemiological studies. And that's being

5 used with this absurd notion that we don't have science

6 showing that there's dangerous effects from this. I mean,

7 there's a lot of science other than epidemiological

8 studies. There's case studies, there's report after

9 report of test emissions in people's homes, the water

10 contamination in their wells. And it's absurd that

11 there's gas drilling companies are able to avoid, you

12 know, having to own up to that water contamination because

13 there's -- they're not required to put tracers in the

14 water even though gas drilling chemicals are in the water

15 that they can say, well, we don't know how that got in

16 there.

17 And, you know, I don't understand how it's

18 unconscionable that this -- you know, that gas drilling

19 was able to be emitted from coverage by the clean water

20 and Clean Air Act. And I'm glad the EPA is stepping in

21 and doing studies on this. That shows that y'all have

22 concern about it. And so I'm tired of being portrayed as,

23 you know, citizen hysterics when people are getting sick

24 and their lives are being decimated by this. And I want

25 somebody to tell me why it's okay for a child to have

Hearing January 14, 2011
175

1 asphyxiation levels of drilling chemicals in her bedroom,

2 which is what Lisa Carr's family found when their house

3 was tested. And why they have to pay to have their house

4 test -- why are people across this country having to spend

5 thousands of dollars of their own money to prove what

6 should be regulated by federal, state and city

7 regulators.

8 And why has this become my full-time job

9 of having to go door to door in neighborhoods getting

10 signatures on, you know, a petition? I represent Dallas

11 residents for a temporary moratorium on gas drilling. And

12 why is this my full-time job? Why did I have to get

13 extensions on my graduate exams? And, fortunately, I have

14 professors that have been supportive of that. But why is

15 this falling on me?

16 And, you know, I'm glad that y'all are

17 here. And I hope -- one thing I would like to look for

18 are steeper regulations, like putting tracer -- requiring

19 them to put tracers in their chemicals when they drill,

20 requiring them to not use chemicals that are such level of

21 toxicity that you can't even perform human studies on them

22 because it's unethical, but you can put them in the ground

23 and risk our affecting our water supply with chemicals

24 where there's no known filtering methods to remove them.

25 I mean, I don't -- how can this even be a

Hearing January 14, 2011
176

1 political issue? We all have to drink water. We all have

2 to breathe the same air. And so eventually we have to

3 wake up on this. And, you know, the other thing I would

4 like to see are stiffer penalties. I mean, right now

5 D/FW, the air is out of containment. And, you know,

6 nobody's really even considered the effect of what the

7 Dallas Morning News recently called the wild card of gas

8 drilling, which has the same emission levels as all

9 vehicles on the road. And I'd like to see how Dallas is

10 going to manage to ever get into attainment. And I think

11 the only way you're going to do that is increase and make

12 stiffer penalities for cities that don't get into

13 attainment and make it to where they don't really have a

14 choice, but to do that.

15 And I'd also like to see stiffer event

16 penalties on companies that violate. They're so light,

17 it's cheaper for them to drill and hurt people and

18 potentially kill them and do it recklessly than it is to

19 have to pay for a violation. And then what citizens are

20 forced to have to pay out of their own pockets to prove

21 that violation when regulators are not monitoring that.

22 And so I -- I guess I don't know how it got to this

23 point. It just seems so obvious.

24 And I'd like to state that, you know, I

25 was talking to my mom about this today and she's a

Hearing January 14, 2011
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1 lifelong conservative republican and doesn't understand

2 why this is a political issue either. My mom and I, you

3 know -- my mom has been a resident of the city since she

4 was two years old. I'm 37, I've lived here since I was 18

5 months. And I'm contemplating having to move. I have an

6 autoimmune condition. When they're looking at putting

7 drilling site three miles from my home, and I'm going to

8 fight it tooth and nail. And, fortunately, my mom's an

9 attorney and we're going to fight whatever fight we have

10 to make before we have to move. But my mom's like a

11 leading business representative of the city. And lifelong

12 republican and doesn't understand why this is a political

13 issue either, and it shouldn't be. It's an issue of water

14 and air, which we cannot live without. I think people

15 forget when air is in containment means it's not fit for

16 human consumption. I mean, how scary is that? And I

17 think we've lost a sense of like what that means. We're

18 all so desensitized. And we're used to breathing smoggy

19 air. And so we think what -- what is it going to do to

20 have to breathe a little bit more. That's a pretty sad

21 state of affairs though to be comfortable with living

22 somewhere that it's not fit for human consumption.

23 So I think that's all that I have to say.

24 And I appreciate you taking the time to listen to citizens

25 and so we don't feel like our efforts are not being heard.

Hearing January 14, 2011
178

1 MR. DIGGS: Thank you so much for coming

2 with a busy schedule and your class schedule also to be

3 able to come out make sure that we're hearing your

4 comments and make sure they're part of the public record.

5 So we really do appreciate it.

6 MS. LAND: Thank you.

7 MR. DIGGS: Thank you. It doesn't sound

8 like there's any other speakers right now, so we'll close

9 the hearing. But then we'll reopen it as soon as someone

10 else signs up. We are going to be here till 7 o'clock.

11 There's a sheet in the back as well about how to make

12 comments and the comment period is open until February

13 14th for making written comments. And so the written

14 comments also become part of the public record just like

15 the verbal comments that have been given all day. And so

16 there is that opportunity for friends or family or

17 colleagues and such that want to give comments. And there

18 is a sheet back at the back, at the registration table.

19 My thanks to all the speakers that come

20 forward and given comments and have been part of this

21 important rulemaking action taking place. So thank you

22 again.

23 (Recess was taken.)

24 MR. DIGGS: It's 6:40, so I'm reopening

25 the hearing. We have two speakers. And so first is

Hearing January 14, 2011
179

1 Jimmy -- I hope get the last name right. Hosch and then

2 Ed Pischedda. And so if you would give your name before

3 you start your testimony and also spell your last name for

4 the court reporter, that will be very helpful.

5 Thank you so much for coming out and

6 joining us on this important public hearing tonight. So

7 Ed you can start now.

8 MR. PISCHEDDA: Members of the hearing

9 commission, my name is Edward Pischedda,

10 P-I-S-C-H-E-D-D-A, of Arlington, Texas.

11 The overwhelming body of scientific

12 evidence indicates that greenhouse gases are a threat to

13 the health and welfare of all Americans. Accordingly,

14 these gases are in need of regulation. Pursuant to those

15 regulations are greenhouse gas emitting industries need

16 for EPA sanctioned permits to continue operating and

17 providing livelihoods for millions of Americans, Texas

18 included. Texas's failure to participant in the issuance

19 of these regulations is therefore perplexing at best. In

20 fact, if what's best for most Texans is the issue, it is

21 down right irrational. For this reason, I oppose the

22 EPA's proposal to pick up the ball that Texas has dropped

23 by stepping in and issuing these permits that the

24 administration, our Texas Governor Rick Perry is either

25 too befuddled or incompetent issue. Instead I would

Hearing January 14, 2011
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1 rather have the EPA stand back and tell the Perry

2 administration there aren't going to be any greenhouse gas

3 permits issued in Texas until your administration develops

4 and puts forth rules that we deem to be in conformity with

5 the Clean Air Act.

6 By proceeding as proposed, the EPA is both

7 providing cover for Governor Perry's infantile

8 incompetence and picking up its tab. At the very least if

9 the EPA proceeds as proposed in the matter at hand, I ask

10 that Texas be given a bill for the considerable cost of

11 the administrative burden -- administrative burden the

12 Perry administration is forcing the U.S. taxpayer to bear

13 when it picks up the cost of issuing these permits. Thank

14 you.

15 MR. DIGGS: Thank you very much for your

16 testimony.

17 MR. HOSCH: My name is Jimmy Hosch,

18 H-O-S-C-H.

19 My mother is in the hospital. I'm on my

20 way to see her in Wichita Falls, but I wanted to stop by

21 and at least let you know that there are a lot of us

22 citizens here in Dallas who have been breathing very, very

23 dirty air for a very long time.

24 The state of Texas, the city of Dallas has

25 proven by their actions they are not interested in my

Hearing January 14, 2011
181

1 health. They are not interested in the health of my

2 children. They're only interested in business.

3 Now, I've been in the semiconductor

4 industry the majority of my working life. There's an old

5 saw in that business, people don't change until the fear

6 level and/or the pain level gets high enough. That's

7 going to be the case here in Texas. Texas is not going to

8 change until you raise the pain level. I don't really

9 care and I'm certainly not smart enough to make

10 suggestions on how best to do that, but I do know having

11 lived here the majority of my life, Texans are not going

12 to change until the pain level and/or the fear level gets

13 high enough. Thank you.

14 MR. DIGGS: Thank you very much for the

15 testimony.

16 Nobody else signed up. Let us close the

17 hearing again. And it's still about 15 minutes until 7

18 o'clock, so if anybody comes we'll reopen the hearing to

19 take their important testimony. Thank you.

20 (Recess was taken.)

21 MR. DIGGS: This is Tom Diggs it is

22 officially 7 o'clock. And so at this point we will

23 officially close the hearing. And thank you-all that

24 participated in this full day of events. Thank you.

25

Hearing January 14, 2011
182

1 STATE OF TEXAS *

2 I, Melisa Duncan, a Certified Shorthand Reporter in

3 and for the State of Texas, do hereby certify that the

4 foregoing responses as indicated were made before me by

5 the parties on the 14th day of January, 2011, 1015 Elm

6 Street, Dallas, Texas, and were thereafter reduced to

7 typewriting by me and under my supervision.

8 I further certify the above and foregoing proceedings

9 as set forth in typewriting is a full, true, correct and

10 complete transcript of the proceedings had at the time of

11 taking said hearing.

12 Given under my hand and seal of office on this 28th

13 day of January, A.D., 2011.

14

15

16

17 _______________________________

 MELISA DUNCAN, Texas CSR 6135

18 Expiration Date: 12/31/11

 Firm Registration No. 286

19 Esquire Deposition Services

 1700 Pacific Avenue, Suite 4750

20 Dallas, Texas 75201

 214.257.1436

21

22

23

24

25

Hearing January 14, 2011
A

abandonment

18:25

Abbott

17:10 18:9

96:12 109:24,

25 110:2

112:1 117:19

131:18

137:17,19

Abbott's

135:1

abdicated

75:20

abdication

75:24

abetting

156:14

abide

68:24

Abilene

67:3

ability

82:22

able

4:18 5:4

12:16 18:12

24:4 40:15

41:20 58:22

91:1 105:8

127:5 150:1

abnormal

49:3

abnormally

106:20

absence

108:19

absolutely

123:11

abundance

131:10

abundant

98:25

accept

51:2,8 53:5

153:21 154:6

acceptable

51:20 52:20

53:4

acceptance

51:3

accepting

5:12,15,18

53:7 58:25

59:8

accommodatio

n

105:12

accomplish

105:8

Accountabili

ty

46:22

accountable

35:19

accounts

136:1 144:18

accusations

123:20

achieved

72:22

achievements

86:25

achieving

7:22 107:3

acid

27:22

acknowledge

23:7 28:2

81:15

Act

2:11 3:23

4:10,15,19,

24 8:6,10

10:8 11:19

13:7,22 21:2

23:14 26:1

29:6,14 31:2,

15 36:7 37:19

39:10 40:24

57:11 66:10,

22 75:16,21

76:1,3 78:7,8

86:13 89:9

91:21 100:23

120:25 138:16

139:19

141:17,23

148:11,16,24

155:6 157:16,

23

acting

8:19 12:3

107:9 122:2

action

2:10,16,18

4:17 5:5,9

8:20 9:4,12

10:24 11:17

14:13 15:21

20:1 22:9

25:6 28:8

30:7,10 31:12

38:19 50:25

52:7 57:25

58:1 65:21,25

75:15 98:4,8,

19,21 104:20

118:14,15

144:23,25

145:5,18,19

146:19 157:14

actions

4:1 5:10,17,

23,25 7:11

8:7 9:8 13:10

14:2 20:3

31:21 38:4

40:25 46:3

58:13 65:5

76:4 87:12,13

97:25 138:23

145:22

active

78:2 79:2

80:5

activist

26:2 34:12

35:25

activities

21:6 22:11,20

48:22 112:24

144:8

activity

25:23 86:23

144:4

Acts

16:14 32:6

82:14

Act's

10:20 121:2

actual

21:20

adapted

27:24

Add

43:2 97:14

108:6

added

22:11 84:22

adding

17:13 20:20

Addison

104:15

addition

6:22 124:12

additional

6:2 64:22

121:19 149:14

150:7 154:5

address

2:20 4:2,7

5:24 11:2,20

13:11 15:4,6

16:13 24:7,14

32:4 39:8

101:5,21

102:8 148:7

addressed

52:21 59:5

151:1 153:9,

11

addressing

9:12 24:24

25:21 54:4,10

98:10

adequate

150:24

adequately

24:24 108:24

adjustments

7:7

Administrati

on

106:6 117:11

administrati

ve

90:6

administrato

r

2:24 102:2

admit

34:16 81:19

91:14

adopt

11:19,24 12:9

51:22 145:11

adopted

12:10

Hearing January 14, 2011

183
adopting

38:16

ads

157:20

adult

79:6 85:15

149:7

Advair

136:17

advanced

11:12 16:25

136:14

adverse

53:21

adversely

65:10

adversity

26:21 28:9

advise

140:19

advising

113:13

Advisory

31:13

Advocacy

101:16 106:4

advocate

18:23 74:3

120:11

affect

40:3 56:3

57:13 83:4

93:23 140:22

affects

39:16 116:3

132:2 151:22

affiliate

63:21 143:19

affiliation

6:15

affirm

65:1 66:8

101:1

affirmative

87:16 105:18

afford

72:15,16

74:21 86:7

afraid

35:2 76:3

110:4

afternoon

55:22,25

60:8,16 63:14

95:5 101:13

104:14 120:8

133:20 138:5

139:16 140:2

148:2 157:1

158:6,7

ag

88:12 90:22

age

86:1 136:13

agencies

4:22 25:2

63:19 66:1

83:11 96:5

118:20 133:12

AGENCY

1:10 2:6

28:24 29:3

30:5 39:22

56:2 58:2

69:14,25

70:2,7,9,24

72:3 73:16

79:18 82:21

94:1 96:20

98:6 111:12

117:3 123:2

Agency's

9:3,14 10:7

31:12 134:9

agenda

25:10 117:6,7

118:13

agendas

116:1

ages

85:23

aggregated

48:12

aggressive

53:17 118:16

ago

2:12 14:19

42:2 51:19

75:20,22

84:12 88:17

94:4 99:18

114:1 129:10

131:25 136:4

148:15

agree

20:18 95:23

144:7

agricultural

24:22

AG's

24:17

ahead

2:3 7:12

36:10 116:6

155:1

aid

80:16

aiding

156:14

Air

2:11,13 3:3,

23 4:10,15,

19,24 7:23

8:6,10,12,

13,15,17 9:5,

15,17,23

10:8,13,16,

20 13:7,20,22

16:14 17:4,

11,20 19:9

20:11,14,19,

23,25 21:2,6,

9 22:12 23:2,

11,14,24

24:4,7,14

26:1,2 27:21

28:4,17,20

29:5,14,16,

25 30:3 31:2,

13,14 32:6

34:20,24

35:22 37:19

38:25 39:10

40:9,20 41:15

42:5,9,11

47:11,15,17,

21 48:12

51:13 53:20

55:13 56:6,

10,11,16

57:11,19

60:19 62:17

66:22 68:24

69:10,16,17,

23 70:5 71:25

72:6,9,19,22

73:2,5 74:7

75:2,16,21

76:1,2 78:9,

14,21 80:11,

20 81:3 82:9,

19 83:2,14,15

84:2,3,9,13,

14,19,20,23

85:13,20

86:8,9,12,

13,15 89:9

91:21 97:9

98:1 100:23

108:7 109:6,

8,15 112:11,

22 113:10,12,

18,20,23

114:7,17,19

115:15,20

119:3,4

120:11,25

121:2 123:22

125:10 126:18

127:13 130:23

133:23 135:15

136:4,7,9

138:9,12,16,

18,22 139:1,

19 140:6,12,

15 141:16,17,

23 142:15,18,

19 143:1,5,6,

8 144:14

147:1,3,22,

24 148:10,11,

14,16,17,24

149:2,5

150:18

151:16,23

152:19,21

153:5,7,9

155:6,12

156:13,15,

17,20 157:3,

16,18,23,24

158:25 159:5

aircraft

110:13

airport

134:1

AISD

128:25

Al

2:23 20:22

23:16 123:1,

10

A-L

7:15

alarming

85:15 120:17

Hearing January 14, 2011

184
alert

85:18 114:11

141:1

align

75:13

alleged

14:23

allergies

36:14 79:25

80:3

Alliance

86:12 143:17

Allison

87:21 88:3

92:10

allow

2:19 5:8

47:15 74:21,

25 83:1 91:23

92:1 103:4

122:11 139:6

142:24,25

159:5

allowed

4:13 29:19

39:21 99:6

102:18 111:23

115:19

allowing

26:7 39:15

44:20 49:14

53:2 59:15

119:4

allows

134:22 155:6

alone

12:3 37:15

44:5 84:24

85:8 146:16

along

78:12 95:22

Alpine

67:3

already

8:23 13:23

15:7 22:12

24:12 30:1,18

37:3 43:5,17

48:5 64:8,10

66:2,4 67:15,

18 90:24

91:20 93:5

99:6,16 100:1

102:16,17

103:11 106:10

122:3 136:22

139:8 142:2

157:7,14

Al's

127:5

also

3:3,5 5:6,15

11:10 19:18

20:10 36:2,3

37:9 40:19

55:9 56:15,

16,21 58:8

60:13 61:16

63:19 64:1

68:6 71:16

73:20 74:17

88:18 89:1

91:4 95:8

96:11 97:8

103:15

104:19,24

105:13 106:15

107:15 109:5

123:13 137:23

140:13 142:23

143:18 145:6

157:7

alternate

93:3

although

80:20

always

36:22 66:9

87:13 101:25

A-L-Z

7:15

ambient

109:15

ambulance

136:18

amendments

31:15,16

America

20:5,13 48:7

American

21:8 85:12

117:4 121:18

148:3,9,20,

22

Americans

9:16 33:9

36:2 132:23

145:8 148:25

among

27:8 54:9

97:19 98:18

100:15

amount

37:10 52:8

59:20 72:9,17

126:9

amounts

47:4,15 98:3

ample

43:4

analysis

16:4

analyzed

55:6

analyzer

48:24

anchored

8:8

anglers

90:12

angry

35:5,6

animal

119:6

animals

143:24

Annex

134:3

announced

106:7

announcement

106:9

annually

15:19 73:19

another

90:25 105:6

110:20 136:8,

15 140:16

143:12 155:25

answer

43:5

answering

66:24 80:22

antagonistic

44:12

Antarctic

43:11

anthropogeni

c

120:13

antibusiness

18:1,12

anticipated

121:18

antijobs

18:12

anti-litter

89:15,16

antiWashingt

on

18:2

Antonio

67:4

anybody's

154:24

anymore

80:2 130:22

Anyway

101:21 105:23

apologize

49:7

apparently

41:18 96:2

110:13 134:6

appeals

9:24 14:2

19:6 134:5,19

appear

13:19 76:15,

16

appearances

76:15

appears

155:9

applaud

28:22 31:2

63:12 101:1

apply

4:8 11:3 16:1

appointed

16:17 116:23

117:1,2

appreciate

25:14 26:8,22

34:6 50:11

87:7,8 112:16

124:1 143:21

149:21 150:3

Hearing January 14, 2011

185
appreciative

138:24

approach

10:8 134:1

approaches

11:12

approaching

55:10

appropriate

25:3 65:18

91:18 98:5

approval

4:11 10:19

12:14 57:21

58:9 87:15

89:7

approve

2:15 124:22

128:22,24

approved

4:5 57:18

128:25

approximatel

y

43:4 48:6

71:5

April

115:24

Aransas

67:4 91:18

archive

129:3

area

21:21 25:4

36:23 37:13

45:5 50:25

55:9 68:16,18

69:13 102:19

103:13 109:6

113:14 125:6

128:13

138:12,14

151:2 152:16

areas

30:24 36:23

48:4 73:1

87:5 99:10,

15,21,23

122:18 127:20

150:25 151:3

153:8

arena

54:16

argue

24:18 135:6,

11

argued

14:20

arguing

134:13

argument

40:2 119:23,

24 147:10

arguments

42:19 159:5

Argyle

85:19

arise

57:6

Arlington

54:20 55:1

109:14 126:3

129:2 132:7

150:16,17

ARMENDARIZ

2:2,24 10:11

12:20 19:16

26:14,17 31:4

34:9 36:9

38:7 41:6,11

62:8 118:6

Army

22:15

around

15:19 27:21

60:4 72:11

105:2 112:13

114:6 135:20

array

68:21

arrest

8:20

arrival

96:22

arrogant

25:7

Arthur

79:6 102:14

ash

42:21

ashamed

101:19

asked

29:3 121:7

123:10 133:2,

7,11

asking

35:20,21 36:1

54:11,12

87:13 123:16

124:12 142:6,

8,18,23 143:7

aspects

56:14

assess

51:6 83:1

assessment

85:21

assigning

22:25

assist

40:8

associate

41:14 106:2

108:5 112:11

120:9

associated

15:1 51:4

84:9 157:5

Association

21:8 85:13

86:14 90:12

148:3,9,20

Association'

s

148:23

assume

9:19

assumed

109:1

assurance

51:16

assure

50:25

asthma

33:10 37:5

39:4 49:5

67:17 72:25

74:5 79:5

81:18,22

85:24 103:15

106:16 109:7

113:24

132:22,24,25

136:13,16

142:2 149:4,

7,8

asthmatic

26:9 136:19

athletic

48:21

atmosphere

42:22 92:21

98:22 106:6

118:4 119:12

127:23

Atmospheric

106:6

at-risk

103:17

attacking

43:12

attacks

33:11 49:5

72:25

attempt

26:8

attempts

25:17 26:6

42:16 73:14

attend

24:4

attended

135:19

attending

2:4 55:24

attention

23:15 89:5

133:3 158:15

attorney

7:16 13:2

17:9,19 18:8

23:25 25:5,9,

24 83:25

84:18 96:12

123:19 138:8

attorneys

103:25

attract

157:22

attraction

37:9

attracts

37:9

audience

2:9 24:11

audiences

76:16

Audubon

Hearing January 14, 2011

186
43:14 88:17

August

114:16 127:16

Austin

26:12 32:16

38:14 66:19

67:3 68:8

82:7 92:9

97:18 122:18

134:4

Austin's

68:8,11

Australia

43:10 120:16

author

72:20

authorities

58:18,21

138:21

authority

4:14,22 14:14

15:3,23 20:3,

6 25:13 30:6

37:22 57:24

58:3,7,18

90:13 93:6

101:23 102:3,

4,5 108:15

137:19

authorize

157:17

available

3:11 5:21

16:1 17:1

29:17 57:6

91:11 95:24,

25 96:2,6,8

121:22 127:13

144:10

average

21:15 45:13

67:16 86:2

avoid

30:17 65:5

avoiding

73:24

aware

25:20 36:25

37:4 44:10,23

90:15 137:6

awareness

22:7

awesome

97:7

awry

139:22

B

back

42:23 61:22

75:13 77:8,12

83:9 104:23,

24 113:20

114:5 116:2

119:12,20

125:18 126:19

129:3 146:21,

25 152:24

153:19 154:22

backbone

131:23

background

26:24 152:2

backing

144:19

backwardlooking

14:9

backyard

48:24 49:17

backyards

61:24

BACT

16:4 29:18

91:11

bad

27:9,15,17

38:25 40:9

55:7 61:5,12

69:17,22

84:12,14

123:3 136:4

140:11

badly

55:13

bag

91:13

bags

27:21

Bailey

128:9

balance

99:12 123:6,

7,8,10

ban

14:22

band

48:19,20

banking

126:13

bankruptcy

74:11

bar

16:4

barely

93:10

bark

99:25

Barnett

48:9 85:25

130:20

Bartonville

125:23

base

11:6 18:3

31:24 78:19

based

10:25 21:23,

25 29:17

38:16 53:18

67:24 71:9

97:18 152:11

159:2,6

basically

50:19 58:16

59:15 130:19

basin

132:3

basis

5:6 38:18

102:18 130:13

battle

152:20 153:6

battling

104:9

Bay

67:5 88:8

90:13,23 91:7

99:14

bays

88:22 91:5

Baytown

34:19

beach

37:2

beaches

88:22

bear

65:17 122:7

bearing

32:18

bears

43:8

beat

90:1 104:1,13

Beau

110:2

beautiful

99:24

Becky

66:17 69:6

becoming

153:13

bed

90:19

Bedford

127:25

Bee

60:10 63:15

beetle

43:12 100:1

began

68:13 130:13

begging

94:7

beginning

136:5,6

begun

5:3

behalf

4:16 7:17

10:15 24:2,3,

6 28:18 45:15

66:14 97:22

98:12 107:10

122:2 124:6,8

being

2:5 21:13

26:11 28:4

32:2 34:14

35:2 37:12

39:19 42:10

45:25 46:9

47:21 54:3

69:2 70:15

74:13 76:25

77:2 84:17

88:6 89:23

92:12 93:12

Hearing January 14, 2011

187
94:6,23

106:11 109:8

122:3 124:19

125:3 129:14

130:12 131:3,

5 133:2 150:1

153:2

beings

36:2 66:2

95:11

believe

14:10 19:8

27:4 31:20

33:12 45:19

51:24 55:15

57:24 89:17

98:4 100:11

108:18 134:22

139:3 144:2,3

145:14 147:8

158:14 159:5,

11

believed

110:16

believes

18:19 39:18

148:9,20

155:10

belts

27:21

benefit

31:19,21

81:13 134:16

benefits

8:16,19 21:2

benzene

34:23 126:4,

5,7 147:5

157:5,8,9

beseeched

60:23 96:5

Besides

147:17

best

12:23 16:1

29:17 32:19

35:10 57:2

85:17 91:11

95:24,25

96:2,6,7

121:22 132:6

144:9,10

better

31:18 46:6,13

60:21 83:12

100:25 102:7

111:18 114:20

147:12

between

22:20,24 43:9

85:23 88:8

100:12 118:25

127:6

Beving

26:15 28:14,

15

bid

110:7,8

bidding

33:7

biennium

17:9

big

41:2 46:10

61:3 63:2

86:3 131:2

bigger

46:10 124:14

biggest

72:10 157:4

Bill

86:24 136:9

billion

17:8 24:22

73:19 74:20

119:1 120:22

billions

73:24 74:23

132:5

biological

140:23

bird

88:17

birding

88:22

birds

43:15 88:19

99:11

birth

37:6 39:5

67:17 157:7

bit

3:19 57:8

129:13

black

55:6 78:16,17

Blazer

124:4,5,6

B-L-A-Z-E-R

124:6

bleeding

49:3

bleeds

49:3

blessed

98:16

blinders

86:5

block

138:24 145:18

149:1

blocked

134:20

blocking

9:21 137:13

blocks

132:8

blog

134:4

blood

61:16 146:24

147:2,3,6

bloody

61:14

blowing

128:13

board

41:16 69:7

73:5 90:8

131:21

Bob

46:17 50:15,

21 101:12

104:15

body

28:18

boggles

34:22

boiler

17:4

Bonham

67:2

boom

40:17

bore

119:17

born

44:22 66:5

77:22 89:16

113:11 129:23

Bornhorst

66:17 69:6,7

71:18

B-O-R-N-H-OR-S-T

71:18

boss

51:7 70:21

110:18 111:8

both

14:15 16:16

17:11 19:17

20:17 26:14

38:17 63:24

73:3,7 98:5

100:9,13

141:6 142:17

149:13,19

bother

110:18

bothers

38:15

bottom

116:4 122:24

135:9

bottom-line

135:13

bought

153:3

boundary

70:5

boy

129:22

brain

79:12,13,14

Branch

28:15 114:9

Brazil

120:15

Brazoria

91:19

break

7:7 41:7

55:17 60:4

92:2 105:23

110:1 112:2,6

149:14 154:7

breaking

33:20

Hearing January 14, 2011

188
breast

85:15

breath

71:25 80:11

breathe

35:23 69:16,

18 72:9 74:9

75:2 83:15

84:2,14

113:21 114:19

124:19 143:5

147:23 149:5

156:8,17

157:24

breathing

40:8,12 49:5

124:18 126:13

breech

101:2

breeds

102:17

briefly

31:11 67:10

bright

121:24

bring

66:12 88:25

115:12 121:18

136:9

bringing

44:9 47:16

71:13

brings

40:19 132:13

Brisas

37:13 45:25

67:11 142:24

143:8

broadened

109:3

broke

34:20 121:10

broken

51:14

bronchitis

149:9

brother

79:7

brothers

78:24

brought

47:1 126:4

134:7

brown

42:8 54:21,23

budget

17:8 19:7

25:8 64:24

84:16 124:14

139:9

bug

61:21

build

29:19 30:15

33:13 36:23

121:2

building

68:21 144:24

built

15:16 102:10,

11,12 107:10

141:24 145:1

bunch

144:15

Buras

77:23

burden

52:23 122:7

burdened

52:24

burgeoning

121:24

buried

44:3

burn

152:22

Burnam

19:18 23:16,

17 27:11

B-U-R-N-A-M

23:17

burning

17:4 27:16

33:12

burnt

43:1 70:12

burying

119:8

Bush

21:4 158:5,6,

8

business

14:24 18:5,14

25:19,22 26:6

27:6 30:9

52:18 65:11

72:15 74:22

107:13 125:5

139:3,7

145:17 147:20

157:21

businesses

5:4 9:8 14:8

18:7,12 27:23

30:13,20 38:1

41:3 51:15

65:17 73:24

144:9 157:22,

23

busy

141:1

buy

61:11

buying

63:3 111:22

byproducts

117:22

C

C

2:1

California

73:5,15 84:12

California's

73:2

call

6:4 7:12

21:16 45:20

59:10 60:9

62:2 65:3

66:9,16 71:15

76:23 83:17

96:14 101:12

105:4,19

130:13 140:6,

7 141:1

154:14

called

2:14 61:19,25

78:2 79:5

111:8 126:10

146:4,23

calling

69:4 107:19

139:23

calls

66:24 90:18

114:11 146:15

calm

152:5,6

calvary

60:19 96:22

Cambridge

126:11

came

32:11,16 42:2

60:18 61:10

80:13 87:19

104:12 111:12

129:25 131:6,

7 146:7,25

149:23

camera

50:4

campaign

33:21 76:9,11

89:16 122:15

157:20

campaigner

76:6

campaigning

49:10,12

campaigns

123:8

cancer

21:14,16,19,

21,23,24

22:4,13 33:11

35:2 39:4

73:21 81:17

85:15 103:15

149:11 157:6

cancercausing

102:17

cancers

78:25 79:12,

13,15 85:14

cannot

9:1 53:6

74:21 86:7

91:23 139:6

capacity

31:23

capital

8:18 9:9

Capitol

134:3

capture

21:10

Hearing January 14, 2011

189
captured

144:13 153:25

car

55:4 127:21

carbon

15:19 16:14,

15 17:1

29:10,18

33:15,18

42:18,22

47:13 50:23

57:12 73:18,

19 95:19,23,

24 98:21

119:3 141:16

142:3 147:5

151:4

card

86:8

care

52:7 72:23

73:17,25

74:1,10,11,

19 109:20

125:2 157:25

carefully

13:9

Caribbean

132:3

Carl

3:1 41:13

56:5

Carman

7:13 10:12,13

27:11

Carolina

3:4,6 56:12

149:23

carried

25:2 110:4

153:25

Carrizo

128:12

152:10,13

carry

8:15 27:16

Carrying

8:6 26:10

cars

53:9 132:13

Carter

74:4

cartoon

77:15

case

4:9 23:24

47:2 68:6

93:8 119:17

144:18 145:3,

16

cases

17:2 21:20

37:21 106:16

136:1 149:8

casing

119:21

cast

53:25

Castillo

38:9 39:11,12

C-A-S-T-I-LL-O

39:12

catastrophic

63:25 64:6

74:11

catching

114:3

categories

95:19

category

86:1

cathedral

132:9

caught

81:10 154:20

cause

13:13 30:17

47:9,10 52:21

73:21 99:15

107:12 119:16

134:14 148:13

157:6

caused

33:11 38:24

42:24 52:23

79:1 87:9

115:15 118:10

120:22 135:19

144:3 148:13

causes

22:17

causing

31:18 144:2

152:1 153:13

caution

156:1

CCA

90:10

CDC

132:23

cement

11:10 69:9,

21,24 70:13

71:3,4,5,6,

7,22 77:4

119:17,21

125:13,14

155:15

center

37:14 88:24

90:16 92:1,7,

11

centers

13:12 52:14

central

20:20 31:13

39:3 42:6

97:18 121:17

130:10

Century

24:19 71:13

92:19

certain

58:5

certainly

2:7 5:16

36:19 37:20

60:22 61:11

76:20 106:13

113:2 149:21

154:1

certainty

8:17 9:9

25:22,25

cetera

57:5

CFB

91:12

chair

89:2

Chairman

54:19 116:18

chairs

59:12

chairwoman

73:4

challenge

40:21 65:20

100:20 101:5

challenges

9:25 10:3

17:7,14 20:19

72:10

challenging

14:1,10

championing

95:8

chance

70:17 103:20

136:12,13

change

13:7 58:9

63:25 64:4,6,

10,14,17

65:23 66:8

72:11 99:5

100:16 111:20

113:10 120:14

121:4 126:24

148:6,8

149:11

changed

111:20,21

133:14

changes

42:6 43:8

56:2 132:3

changing

8:21

channel

39:1 67:12

78:7,12 79:16

103:20

channels

125:13

Chapter

10:14 12:8,13

27:1 75:25

charcoal

151:17

charge

40:21 71:12

77:9 78:5

charged

17:25 28:19

72:3

Chatham

130:6

Hearing January 14, 2011

190
C-H-A-T-H-AM

130:7

Chatman

130:4,6

cheaper

144:11

check

74:10

chemical

11:9 44:25

47:18 151:14

chemicals

61:16 62:3,16

102:17 151:22

152:12 153:2

chemist

42:2 68:2

chemotherapy

132:21

Cherelle

124:4,5

cherish

98:24 124:17

Chesapeake

127:2

chest

49:4

chief

112:22

child

85:14 132:24

136:14 140:21

149:4

childhood

22:2

children

30:23 40:6

48:20,25 52:6

53:10 66:6

72:25 74:2,8

85:23 86:1

99:5 103:19

109:7 113:13

115:8,9

128:16 141:21

142:1 143:3

147:14 148:18

156:5

children's

67:8 85:21,22

115:8

China

8:23 53:10

62:23 63:2

chip

60:21 124:24

chlorine

70:11

chocolate

124:24

choices

100:12

choose

43:21 86:4

chooses

10:3

chosen

11:23

Christi

36:12,20

37:4,13,23

38:5 39:1,14

44:17,19,23

66:19 67:4,

13,16 142:25

chronic

79:8 113:24

149:9 156:9

church

64:15,18,21,

24 90:19

churches

47:20 64:13

Circuit

14:3 17:16

134:5

Circuit's

14:5

circumstance

s

14:13 24:10

cities

42:14 46:11

67:18 78:14

126:12 129:8

159:15

citing

155:16

citizen

26:23 27:7

28:16 34:13

36:1 45:13,21

50:20 61:8

92:9 107:16

116:3 122:16

138:8 156:1

citizenbased

106:4

citizenry

72:4 115:19

citizens

9:10 14:6,8,

16 20:4 28:5,

23 30:19

35:6,18

38:20,22

39:25 40:12

45:20 51:21

69:8,13 76:21

84:1 86:6

89:19,22

93:25 95:9,

16,21 96:1,4,

9,14,17,18,

21 101:20

107:18,22

108:25 116:8,

11 117:4,15,

20 118:21

122:2,7

124:1,17

130:8 131:2

133:11 146:14

148:10,12,21

149:1 156:16,

23 158:1

citizen's

27:18

citizens'

66:23 71:25

156:18 158:13

citizensbased

120:10

City

67:5 77:24

78:11 79:13

88:8 90:13

110:3 126:19

127:25 128:1,

21,23 129:2

133:4 150:23

159:15

Civilization

118:24

civilized

42:12

claim

27:20

claiming

107:9

claims

122:1

clarificatio

n

50:4 57:6

139:22

clarificatio

ns

138:20

clarify

3:11,16 23:21

clarifying

6:21

clarity

18:7

class

77:19

Claudia

154:14 155:2

Clean

2:11 3:23

4:10,14,19,

24 8:1,2,5,

10,13,15,23,

25 9:5,23

10:8,13,20

12:17 13:7,21

14:12 16:14

17:4,20 19:3,

9 20:11,13,19

21:2 23:2,14

26:1,2 28:17,

20 29:5,14,24

31:2,14 32:6

34:20 37:19

39:10 40:20,

24 57:11,19

63:1 66:22

67:22 68:5,

22,24,25

69:15,20,23

71:25 72:9

75:16,21

76:1,2 78:7

80:11,20 81:3

83:15 84:2,3,

10 86:9,13,15

89:9 91:21

Hearing January 14, 2011

191
100:23 109:6

110:24,25

114:19 120:9,

11,25 121:2,

5,24 122:5,9,

12 126:17

130:23 138:9,

15,18,22

139:1,19

140:15

141:17,23

143:5 144:14

145:8,9

147:24

148:11,16,24

149:2 151:23

152:19,21

153:5,7,9

155:6 156:13,

20 157:16,18,

23 158:25

cleaned

110:8

clean-energy

8:24

cleaner

7:22 8:17

9:17 10:16

11:19 18:22,

24 24:4 29:22

38:15 75:2

144:10

cleaning

23:23 69:10

74:18 111:4

cleanup

110:17

clear

5:23 16:16

23:8,24 57:7

89:10 107:25

150:18

clearly

16:21 32:4

106:25

climate

8:21 13:7

18:10 48:3,8

63:25 64:4,6,

10,14,17

65:21 72:10

73:22 99:5

120:14 121:4

148:6,8

climatologis

t

24:25

climb

98:22

Clinton

103:2,5

cloak

96:15

clock

43:5

close

46:19 64:4

88:7 132:18

150:5 154:4

closed

110:12

closely

146:22

closer

109:17 150:22

151:25

cloud

54:22,23

Club

10:14 12:9

27:1 67:6

103:12 104:21

116:19

Club's

12:13

cluster

21:20,24

clusters

21:18

CO2

15:7,11,25

16:4 24:21

28:25 29:11,

23 30:17

71:6,8,9,23

92:18,25

93:4,9 94:10

112:24 127:9

144:2,3,13

coach

88:1

coal

15:9 18:25

33:5,12,20

42:25 44:1

68:8,11,23

88:23 89:2,24

90:3 92:10

93:2 98:10

104:23 141:24

142:17,20

coal-burning

155:14

coal-fired

15:10,15

32:23 33:8

coalition

89:2 90:4

125:4

coal-powered

11:8

Coast

67:20 77:20,

21,25 78:6

79:10,11

88:10 90:11

91:3 99:3,9

158:10

coastal

25:4 90:11

code

21:25

codes

11:15

cofounders

130:8

COG

130:14

coke

19:1 142:25

coke-fired

67:11

collaborativ

ely

8:15

collateral

52:20,23

53:4,8,13

54:2,5,8,14

colleague

86:19

collecting

107:16

collective

20:4

Collectively

15:18

collector

48:16

college

137:1

color

42:8

Colorado

91:6

Columbia

134:6

combined

65:1 67:15

come

6:9,12 15:20

16:9 18:16

26:15,19

27:16 31:10

32:3 37:6

41:1,4,18

44:21,24 46:1

50:22 59:19

60:24 61:25

62:15 70:6

79:20 80:15,

17 84:10

90:10,15

111:19 112:20

113:20 114:5

116:14 117:17

121:15 130:17

139:15,22

146:20 149:17

153:4 154:15

157:24

comedians

70:25

comes

42:13,18

59:18 61:9

82:5 131:3

132:16 137:18

152:24

coming

7:10 32:22

34:6 43:17

60:19 61:7,14

62:13,19

63:3,12 64:20

70:4 79:22

80:16 83:22

88:25 89:18

90:2 94:25

104:16 117:16

119:25 125:16

130:2 133:6,

16 134:4

Hearing January 14, 2011

192
146:9 151:17

command

118:20

commence

58:22

commencing

8:13

commend

117:16

comment

3:10,18 5:9

7:2 10:18

46:24 56:25

58:10,12

59:11,23

93:15 97:21

116:24 150:9,

11 153:20,21

154:3 155:4

158:11

commenters

60:11

comments

3:15 5:10,13,

16,17,18,19

6:4,23,25

10:10 12:18,

25 36:18

41:25 50:18

58:13,25

59:3,4,8,15,

21 66:21

86:19 116:14

133:19 138:7

141:4 145:24

149:21 150:3,

10 153:22,24

154:2,6,24

156:25 159:1

commercial

88:14 90:14

91:1

commercially

99:13

Commission

11:1 15:8

16:17 39:24

101:23 117:8,

9 118:7,8

127:17 129:11

133:10

Commissioner

76:10

commissioner

s

16:17

commissioner

's

90:9

commitment

19:10 107:3

committed

117:3

committee

26:25 28:17,

18 31:14

116:18 128:21

129:9

common

15:11 20:4,7,

8 66:14 72:13

common-sense

10:8 27:14

communities

32:17 33:9

49:13 53:22

62:14 64:5,7,

9 65:1,6 66:8

74:13 85:16,

19 87:3 101:6

104:4,7

125:22,24

community

27:8 38:5

45:16,24

61:6,20 65:11

72:1 88:12,15

102:13,15,

23,24 103:5

106:9 115:2

123:9 124:7

125:1

companies

12:7 30:16

33:20,22

36:25 62:2

63:3 68:19,23

123:7 129:6

147:9 156:2

company

27:5 85:9

110:6 121:16

157:15

company's

110:10

compare

40:15

compared

37:16

compares

21:22

compelled

29:2

compelling

98:19 115:3

competitive

15:2

complain

28:2

complaining

146:17

complaint

146:24

complaints

85:2,6

completely

32:7 68:4

142:8

compliance

9:15 18:16

44:9 81:3

133:5

compliant

9:7

comply

16:13 18:21

29:5,8 30:21

31:25 54:15

70:22 81:20

82:3,9 86:7

100:23 107:7

121:21 145:4

complying

17:23 19:5

24:1 38:2

84:4 155:21

component

2:20 95:14

components

2:10

compounded

125:12

compounds

21:11 47:18

48:11,19

compression

21:12 61:2

137:16

compressor

117:25

compromise

54:16

compromised

35:7

concentrated

111:1

concentrates

130:9

concentratin

g

49:6

concentratio

n

57:13 71:3,22

125:14

concern

25:20 63:18

64:1 65:9

76:20 98:11

concerned

45:7 52:4

67:7 108:1

113:11,13,22

115:25 125:2

130:8 138:8,

11 139:17,24

140:1

concerning

10:6 36:21

concerns

3:16 36:19

59:4 65:12

82:23 117:14

132:15 157:4

conclude

95:20

concluded

17:16

conclusions

22:22

concrete

38:21

condensate

127:7

condensates

21:12

condition

119:4

conditioned

76:18

Hearing January 14, 2011

193
conduct

11:22

conducted

70:7 85:21

109:15

confirming

106:10

conflict

81:8

confronted

76:14

confused

143:15

congratulate

79:22

congress

20:10 63:19

105:14 148:15

connect

81:18

connected

6:1

conscious

46:8,9 156:15

consensus

27:8

consequence

42:11 55:11

65:4

consequences

8:21 33:6

66:3 115:11

consequentia

l

54:4

consequently

20:25 53:3

conservancy

90:12

Conservation

16:8 18:18

19:9 90:11

115:22 143:17

consider

5:19 27:13

28:25 53:19

94:1 95:17

113:13 135:3,

13

considerable

8:19 149:24

considered

48:13

considering

133:13

consistent

47:23 65:16

consistently

26:4

constant

48:25

constituency

23:18

constituents

24:3

construction

4:20 8:14

14:22,23 15:9

29:16 58:22

98:2 144:24

145:15

construction

's

132:20

consume

33:5

consumption

51:5

contact

28:10 64:9

contained

59:21

contaminate

118:5

contaminated

91:2 111:10

contaminates

8:9 57:12

context

25:7 59:7

continental

43:16

continual

26:20

continue

18:23 23:12

41:13 51:17

74:21 84:18

87:18 89:11

91:24 92:1

94:2 96:13

97:11 98:22

99:6,20 102:4

104:2 107:11

116:9 125:17

145:22

continued

19:12 112:14

continues

10:23 40:24

continuing

40:1 86:17

155:11

continuity

58:20

continuous

52:2

continuously

34:20 156:12

contractor

110:15,23

contracts

110:19

contrary

13:20 39:18

contrast

40:15

contribute

13:14 35:12

148:8

contributing

127:23

contribution

43:20

contribution

s

33:21

contributor

35:10

control

11:20 16:1,13

17:1 18:13

23:10 29:10,

17 30:14

52:14 53:23

70:13 77:8

91:11 95:24,

25 96:2

121:22 126:15

135:7 141:17

controlling

73:6

controls

70:13,14 75:2

81:12 107:11

controversy

115:1

converted

4:10

convince

126:14

convinced

90:5

Cook

68:17

cookie

124:24

Cook's

85:22

cooperate

25:13

cooperating

25:14

COPD

135:19,21,25

136:1 156:10

Copenhagen

107:3

copy

6:24 49:25

50:10

core

64:8,15

corporate

23:1 33:23

35:8

Corporation

111:2,3,9

121:15

corporations

109:19

Corpus

36:12,20

37:4,13,23

38:5 39:1,14

44:17,19,23

66:19 67:4,

13,16 88:9

142:25

correct

4:25 97:25

105:18

correction

4:9

corrects

2:21

Hearing January 14, 2011

194
Corridor

130:17

Cortelyou

150:8 153:18

cost

28:1 32:18

52:19,25 53:2

54:8,10 72:12

73:2,10 74:1,

14 84:8,10

107:13 135:15

136:8 139:8

147:13

costeffective

8:12 17:3

23:9 52:1

costing

64:23

costly

19:6 156:4

costs

28:3 54:4

72:24 74:11,

19 82:9

cough

42:10

couldn't

18:11 70:6,11

113:21

119:21,22

128:11

Council

31:13 64:13

126:19 128:21

130:10

councils

133:4

council's

128:23

Counsel

3:7 19:20

56:20 154:19

count

88:17,19

129:19

counterparts

18:4

Counties

55:10 85:25

counting

48:13

countless

66:24

countries

63:5

country

13:23 21:1

38:16 39:17

42:12 43:22

52:4 65:17

104:25 107:1

120:25 121:9,

10,14 144:5

151:20

countrywide

153:10

county

21:4,5,9,14

26:23 31:5,8,

9,23 37:15

55:10,11 70:5

81:14 85:12

88:7,12,16

89:2,22,23

90:3,7,21

91:4,17,19

118:7 138:9

146:16

couple

45:1,2 102:9

105:22 129:10

132:12 133:9,

10

courage

27:3 35:20

courageous

28:8

course

15:13 61:10

76:14 87:12

92:11 96:15

144:18

court

6:16 8:4 9:24

13:8 14:2

17:16 25:6

56:24 59:2

71:17 77:16

84:17 90:9

93:8 96:12

134:5,19

135:1 141:15

155:5

Court's

8:7

cousin

79:5

cousins

78:24

cover

151:2

covered

40:10 47:24

48:21 110:14

128:19

covering

3:23

covers

97:19 143:18

cowboy

126:4

Cowboys

132:11

crane

88:18

crawled

131:9

create

139:1,2

created

84:11

creating

25:18 119:19

creation

18:10 19:2

64:2 66:3

Creator

66:11

cries

140:4

critical

9:10 54:15

101:2,4

cronies

94:2

crossexamination

57:4

crossroads

36:20

crowd

101:17

crucial

144:4

cry

80:22,23

crying

61:21

cumulative

37:16

curb

121:1

currency

20:8

current

25:7 53:20

64:24 68:23

110:4 115:3

116:17 117:11

currently

14:1 33:5

106:20 133:21

135:21

customers

28:5

cut

23:10 82:10

98:5 107:24

125:7 135:8

148:11

cuts

107:3

cycle

90:25

Cynthia

71:19,20

77:18,20

C-Y-N-T-H-IA

71:21 77:20

D

D

2:1

D.C

3:8 19:20

56:20 149:25

D/FW

28:20 30:24

69:23 87:4

130:8 134:1

138:12

dad

26:22 131:9

dad-gum

134:17

daily

102:17 152:24

Hearing January 14, 2011

195
153:1

Dallas

24:5 31:5,8,

9,23 42:3,4

54:21,24 55:9

56:6 67:2

70:5 78:18,21

94:21,22 97:5

110:10 111:3,

11 113:9,20

116:18 122:18

124:7 125:4,

6,19 132:11

138:8 143:11,

16,20 148:5

155:3 157:2

158:9,21

Dallas/Fort

50:24 69:11,

13 70:19

113:12

149:19,20,22

Dallasite

116:17

damage

33:11 52:23

53:4,8,14

54:2,5,8,14

66:2 106:17

114:2

damages

52:20 120:22

damaging

100:1

damn

44:5

damning

44:7

dampened

53:7

dance

79:4 89:4

dangerous

16:13 29:10

30:2 32:24

38:23 84:23

143:4

Daniel

34:10

Darling

105:20

data

27:12 83:1

85:18

data-driven

77:9

date

17:13 65:23

109:12

daughter

61:16 146:24

daughter's

147:1

David

137:23 138:6

141:6 143:10,

12,13

Davis

99:2

dawn

133:24

day

7:1,7 29:1

46:5 70:25

77:25 79:17

81:25 90:20

105:6 113:1

115:24 124:16

136:17 147:2

days

73:25 85:18

88:16 114:11,

15 119:2

128:15 136:7

DC

14:2,5 17:16

77:12

DDT

61:24

de

38:8,10,11,

13

D-E

38:11

dead

62:7 136:15

deadline

90:1

deal

104:3 127:21

150:19

dealing

37:11,25

69:19

dealings

65:2

death

77:2

debate

3:13 29:12

57:4 81:7

Deborah

105:21 108:13

decades

15:19 92:16

94:4 99:18

December

3:21 4:2

11:15 57:9,17

121:10 134:19

decided

33:2 76:8

84:1 130:13

150:19

decision

8:7 14:5

32:24 58:14

101:1 103:4

134:5 144:19

decisions

26:22 158:23

decisive

8:20

Declaration

95:11

decrease

34:18

dedicated

7:22 114:5

dedication

137:12

deemed

53:3

deep

37:7 47:16

deeply

36:4 67:7

defect

129:23

defects

37:6 39:5

67:17 157:7

defend

80:11

defending

118:16

Defense

7:16,17,20

20:7 87:16

110:15,23

defiance

35:17

deficits

52:6 84:16

define

100:17

defined

16:21

defining

155:13

definitely

34:25

definitively

22:9

degradation

34:18 159:7

degree

89:4

delay

4:20 30:17

148:25

delayed

30:8

delegate

102:3

delegated

12:11

delegation

102:5

DeLeon

136:15

delicate

99:11

democracy

35:12

democrats

122:21

demonstrate

16:25 91:14

100:20

demonstrated

31:22

Denbraber

150:4,6,15,

16

Dengue

43:17

denial

Hearing January 14, 2011

196
90:6 91:9

denied

84:17 134:7

dense

78:17

Denton

21:4,8 67:3

81:14 85:12,

24

deny

118:8 126:16

denying

25:24

Department

21:17

depend

35:24 74:23

dependence

114:23

dependent

156:11

depending

54:17 129:18

depends

52:17

deplorable

93:25

deplore

100:21

deploy

8:12

depression

114:13

deprive

14:24,25

deprived

40:6

derail

9:23

describe

3:19 5:11

57:8 58:24

Desert

78:3,4 79:2,3

99:24

deserve

44:13 86:9

100:25

designed

73:22

Desoto

69:7

despair

65:21,23

desperately

102:11

Despite

32:19 108:19

138:21 144:1

detail

5:23

detailed

10:9 12:18

86:19

details

153:23

detected

48:18

detector

151:5

deteriorate

42:5,9 115:20

138:13

deterioratin

g

42:11

deterioratio

n

2:14 10:21

20:21 53:3

113:12

determinatio

n

10:25

determine

22:9

determined

4:4 57:17

devastating

33:6

develop

33:1 121:5

developed

42:8,10 79:8

developers

36:23

developing

28:19 56:22

78:24 100:22

101:4

development

8:23 16:7

100:12 130:24

devices

23:10

devoted

9:20

diagnose

153:14

diagnosed

135:18,22,24

149:10 151:13

Diane

77:18 80:8

didn't

61:7,12 62:3

70:8 91:4

110:24 131:14

142:11

151:10,19

die

68:10,14

died

136:12

diesel

151:11,15

differences

127:6

different

99:7 100:5

112:12 137:25

144:13

difficulty

49:4,5

digging

43:7 44:2,6

Diggs

41:14 56:9

112:9,10

113:7 116:13

120:4 122:13

124:3 126:1

130:2 133:18

137:8,22

138:4 139:13

141:3 143:13

145:23 149:13

150:7 153:16,

19 154:11

156:24 158:3,

7

diminish

132:13

diminished

54:9

dinosaurs

118:24

dioxide

15:19 42:9,19

47:13 57:12

141:16 142:3

147:5

dire

15:5

direct

22:12 80:18

81:17 87:13

directed

116:24

directing

77:10

direction

40:22 62:13

128:14

directly

88:8,22

146:10

director

3:2 10:13

16:7 41:15

56:5,9 63:16

70:3 75:5

86:12 97:17

112:11 148:4

dirty

15:9 33:22

35:5,11 69:15

73:2 74:12

121:25 126:24

135:15 136:7,

9 140:6

157:24

dirtypolluting

141:25

disadvantage

15:2 30:9,20

38:21 131:2

disadvantage

d

64:8

disagree

14:8

disagreement

22:23

disappear

Hearing January 14, 2011

197
44:7 54:12

disappointed

100:19 108:6

disapproval

4:12 10:19

12:15 24:8

89:8

disapprove

2:16

disaster

27:20,21

64:12

discharged

9:13

discharges

20:6

discovered

79:3 146:13

discredit

70:7

discussed

25:16

discussing

2:10 3:20

135:21

discussion

3:14 23:2

discussions

5:2 38:3

disease

21:14 22:21

52:14 67:17

73:22 74:6,15

113:24

148:13,19

156:10

diseases

43:16

disgusting

89:1

Dish

85:12

disinformati

on

144:1

dispersion

109:14

disposed

110:6

disservice

17:10

dissipate

110:22

dissipates

47:11

distance

149:24

distress

136:19

District

134:6

diverse

98:25

dividing

49:13

division

3:3 56:6

dizziness

49:5

docket

6:24 154:1

doctors

90:10 151:21

152:16 153:14

doctor's

152:11

doctors'

48:18

document

126:6

documented

72:18

doesn't

21:10 35:11

38:18 103:1

116:25 131:15

137:18

dog

114:15

dogs

80:1

doing

17:10 26:12,

13 27:5 29:16

32:7,12,13

51:16 69:14

73:9,10 76:2

77:5,13 86:17

87:11 88:6

93:11,16,20

94:3,10,11

107:13 118:12

121:3 122:25

123:1,25

124:11 125:18

132:1,6

137:1,12,14

145:16 147:11

152:13,14

159:20

dollars

17:11 73:24

74:23 131:1

132:5

dome

126:13 133:25

domestic

107:4

Donna

66:16,18

door

61:13 109:12

doors

122:17

dot

88:9

dots

81:18

doubled

142:2

doubt

22:19 54:1

down

36:14,17 38:4

42:5 43:23,24

74:24 80:15

86:25 93:2

104:12 107:24

122:23 123:10

128:12 129:6,

20 132:8

137:15,18

142:25 146:7

147:18 154:21

158:18

download

49:24

Downriver

116:18

downside

61:12

downtown

45:1

Downwinders

69:8 71:24

75:5,14

dozen

17:6

dozens

68:18

Dr

20:22 23:16

26:17 27:11

41:11,24

50:15 62:8

113:6,7,8,

16,17,25

118:6 123:1,

10 127:5

drag

76:4

drags

156:11

dreamt

132:25

drill

62:25 129:6

driller

118:10

drillers

129:15

drilling

21:6 22:11

48:4,16 60:24

84:22,23 85:7

109:4 116:21

119:11 125:16

127:15 128:2,

3 129:1,8

137:5 146:11

147:7 150:19,

21,23 151:3,

11 152:12,15,

22 153:10

155:15 157:6,

15

drink

35:3,23

drinking

49:18

drive

72:12 78:16

83:4 128:5

drivers

111:4

driving

73:2 76:18

drop

Hearing January 14, 2011

198
48:20

dropped

68:13

drought

24:23 90:25

106:14,19

droughts

99:21 120:20

drove

32:15 42:5

drowning

43:9

dry

106:20

drying

106:21

DSHS

21:24

due

11:5 18:24

30:24 34:3

78:21 79:4

dump

111:10

dumped

110:14 111:6

Durbin

77:18,19,21

D-U-R-B-I-N

77:21

during

7:7 14:19

24:5 31:14

34:18 41:8

68:12,13 79:2

86:25 114:15

119:2 131:6

duty

26:1 32:6

33:25 78:3

79:2 115:18

dying

77:2 80:5

dyslexia

129:21

E

E

2:1

Each

9:24 33:9

46:4 48:14

83:12

earlier

29:7 106:5

116:24 121:7

155:19

early

48:20 119:2

128:10,11

earned

70:1

ears

39:23 120:2

Earth

24:19 41:4

43:1 46:10,

12,21 47:17

66:13 77:25

79:17 115:24

119:14,19

earthquakes

132:3

EARTHWORKS

46:21

easily

114:13

east

54:23 90:23

99:1,24

106:21 158:11

economic

8:16 27:20

30:20 31:19,

21 65:7,11

73:7 77:5

81:13 100:12

economics

135:13

Economies

41:3

economist

72:20

economy

8:1 12:17

16:19 17:20

18:15 19:3

30:15 31:1

35:10 40:18

54:11 67:22

68:16,25

100:11 101:6

105:5 121:6,

25 122:5,12

139:2 159:8,

10,13,14,19

ED

25:16 157:1

EDF

9:3,14,18

10:7

EDGERTON

41:20 47:5

50:9

edition

135:23

Edlund

3:1 41:10,13,

22 44:15

46:16 49:21,

24 50:2,10,14

52:10 55:15,

22 56:5 66:16

69:5 71:15

77:16 80:7

83:17 87:21

94:18 95:2,4

96:24 97:2,13

101:8,11

105:16,19

109:24 112:1

educate

19:11 45:4

137:2

educated

26:23 131:3

137:4,6

educating

90:8

educational

26:24

Edward

136:12 154:15

effect

58:5,7 63:4

81:17 126:6,

7,11,16

127:24 128:4,

6 138:17

effective

5:6 53:23

98:4

effectively

14:21

effects

22:7,19 25:1

32:5 36:19

45:14 49:2

92:19 126:9

127:7

efficient

17:4 29:22

144:11 159:16

efficiently

13:16

effort

32:3 106:23

121:1 130:16

efforts

9:15,25 23:4

24:7 27:1

28:11 32:19

53:24 66:14

80:18 87:18

101:3 107:23

108:1 121:21

138:15,24

148:23,25

eight

81:24 85:23

129:24

eight-day

135:17

eighth

128:8

either

13:23 35:12

119:23

El

67:3

elderly

74:2 142:1

156:5

elders

148:19

elected

19:11 31:8

86:4 90:9

104:18

105:11,13

116:23,25

117:1,2

131:13,14

election

124:21 131:13

electoral

77:11

electronical

ly

50:12

Hearing January 14, 2011

199
elements

119:8

elephant

47:3

elevated

157:9

Elida

38:8 39:12

E-L-I-D-A

39:12

eliminate

12:15

Ellinger

68:7

eloquently

86:21

elsewhere

30:16 53:2

e-mail

153:22

e-mailing

90:18

e-mails

83:24

embarrassed

138:23

embarrassmen

t

156:16

emergence

140:17

emergency

26:10 73:13

74:8,10,15

156:6

emerging

20:25 53:20

emeritus

113:15

Emily

12:22 16:6

emission

15:20 17:24

23:10 58:21

107:24 127:20

157:8

emissions

3:24 4:15

5:24 8:13

10:17 11:7,

13,20,25

12:16 13:12,

17,19 15:25

16:2 20:23

22:10,19

24:22 28:25

32:25 36:21

37:2,17 47:22

48:13,14,25

53:20 56:4

57:15,16,22

61:17,22

63:24 65:19

71:11 73:18,

20 81:5,16,24

82:22 87:2

94:11 98:14,

18 100:4,24

107:4 121:1

127:12 134:9

138:19 141:14

142:3,4,9

143:4 146:17

148:8 155:9,

21 157:4,5,9,

12

emit

15:10,18 56:4

62:17 67:14

98:3

emitter

98:17

emitters

13:11 15:7

82:23

emitting

14:18 144:15

emphasis

109:5

emphysema

149:10

employed

30:1

employees

128:16 139:5

empower

19:11

emptied

153:1

enable

13:16

enacted

31:15

encased

126:12

encounter

110:11

encounters

70:2

encourage

8:18 28:9

111:20 117:16

120:1 139:3

encourages

9:18

encroaching

125:15

end

10:1 22:22

36:3 102:12

104:13 156:1

endangerment

13:13

endorse

75:14

endowed

8:1

end-to-end

105:4

enemies

116:22

energies

15:13

energy

8:1,2,23,25

12:17 14:12

15:11 17:3

18:22 19:3

29:21 33:22

40:17 67:22

68:5,22,25

72:12 74:4,12

88:24 90:16

92:1,7,11

93:3 105:6,9

107:12 120:9

121:5,8,10,

11,24 122:1,

5,12 129:9

139:2 145:9

159:16

enforce

37:22 38:23

66:22 78:10

83:7 102:4

131:16 133:2

138:15 139:21

148:24 157:22

enforcement

23:13 75:10

78:8 82:24

94:25 137:15

149:12 152:9,

23

enforcing

39:10 69:3

76:1,2 104:10

148:16

engineered

130:18

engineers

109:13

England

42:14

enormous

48:8

enough

22:9 24:14

40:23 68:3

77:5 90:22

98:19 108:21

113:13

125:18,19

126:17 131:3

139:18 141:21

142:5,14

149:25

ensure

3:22 9:4,15

10:22 13:10

18:20 20:11

51:15 65:15

80:19 81:5

82:13 83:12

100:8 121:21

138:17

ensures

4:17 19:12

48:4

Ensuring

34:1 122:6

enter

49:21 151:15

entered

5:7

entire

37:5 71:3,23

75:12 103:9

143:6

entirely

Hearing January 14, 2011

200
44:11,14 46:7

76:8

entities

52:21

entitled

64:14

environment

7:23,25 8:9

20:12 23:8

25:23 38:1

44:12 46:2

49:15 51:12

54:3 73:16

80:24 81:5,12

82:13 89:11,

21 92:3,20

98:15 100:13

106:2,3

108:2,5

109:20 113:22

118:22 120:10

121:4 122:4,

11,16 124:17

130:15 132:1

139:18 140:14

158:19,24,25

159:9

ENVIRONMENTA

L

1:10 2:5

7:16,17,20

8:16 9:11

11:2 13:2

15:8 16:18

28:24 29:3

30:5 31:11,

19,25 32:5,

15,22 33:3

34:4,17

39:22,24 52:6

56:1 58:2

65:14 69:14

71:11 73:20

74:3,16 76:19

79:18 83:7

85:14 87:3

96:20 98:6

101:16,24

102:21,22

103:3,8

104:3,10

106:4 115:23

116:18 117:9

118:8 120:11

123:9 124:22

125:1 126:20

134:8 135:25

139:6,24

140:3,6,7

148:4

environmenta

list

80:10

environmenta

lists

131:1

environmenta

lly

46:8 51:16,23

78:25

environments

101:5

EPA

2:19,24 3:15

4:5,10,13 7:1

8:7,15 10:22

11:21 12:11

13:9 14:17

15:6,21,22

16:1,2,22

17:7,23

18:11,19

20:16,18

22:5,24 25:13

26:5,18 28:22

29:1,9 30:5,

7,11 31:3

32:21 33:1,24

34:3,4 35:16,

19 36:1,6

37:20,21

38:19 44:10,

11 45:21

46:23 52:15

57:9,17 58:17

60:18 62:19

65:14 66:21

72:7 75:6,13,

15 77:7 80:22

82:5,17 83:5

84:2 85:18

86:5 87:1,5,

17 89:17

96:22 97:6

101:22 102:1

107:19,23

108:15,25

109:22

110:10,11,24

111:15,23

116:9 118:15

120:24 122:6,

9 123:25

126:22 127:17

129:12,17

131:15,20

133:9,22

134:22,24

139:20 141:12

142:10

143:11,22

144:7 148:15,

20 149:1,12

150:1,12

153:5 156:21

157:14

EPA's

2:10 3:3,7,10

4:21 5:5,17,

24 7:11 9:8,

11,21,23

10:25 12:14

13:5 14:1,10,

13 15:3 16:1

19:19 20:1

24:6,8 25:17

26:6 32:24

41:15 44:21

46:15 50:25

54:14 58:13

63:23 71:12

76:5 89:7

97:25 101:1,2

107:8 108:1

121:21 144:25

148:23

equally

98:19

equipment

48:9,11,12,

14

equivalent

112:25

Erica

94:18,20

95:2,4

Erin

12:21 13:2

erosion

37:3

error

2:12 4:4,9

57:18

errors

91:10

escalated

147:3

escalating

84:20,21

escape

47:15

escapes

118:3

especially

18:21 45:11,

15 64:7 65:6

79:15 87:15

111:3 117:4

118:4 127:20

143:23 144:8

156:5

espouse

73:8

essential

14:11

essentially

142:17

establish

51:10,12

73:14 82:12

established

24:16

establishes

51:24

establishmen

t

132:19

estimate

17:8

estimated

64:22,23

135:23

estimates

64:16

estuaries

99:9

et

57:5

ethics

130:15

euphemistic

96:15

Europe

70:15

European

Hearing January 14, 2011

201
73:16,17

Eva

141:5,9

evaluate

65:4

evaluation

58:11

evening

7:2 60:6

events

99:15 120:19

eventually

105:5 110:21

114:3 119:6

everybody

2:2 32:13

36:3 45:10

46:3,9 80:3

151:2 153:11

everyday

107:22

everywhere

42:16 147:22

evidence

103:22

exacerbate

148:13

exacerbated

74:6 148:14

exact

34:21

exactly

40:11 123:16

examined

59:7

example

32:24 99:14

135:10

excellent

112:23 137:12

152:4 159:21

exceptional

145:2

exceptionall

y

11:6

exchange

76:13

excited

68:9 87:24

exciting

34:15

exclusion

117:14

excuse

17:17 36:12

84:4 120:7

154:8

excuses

82:2

execute

20:13

executive

26:25 70:3

86:12 97:17

103:2

executives

117:10

exercise

79:5

exhaust

69:23 127:21

151:12,15

exist

9:6 61:16

119:10

existed

118:25

existing

16:23 29:15

48:5 67:14

68:23 83:2

109:9

exists

22:20 23:9

111:22

exiting

40:10

expand

18:13

expanding

4:17 22:10

expansion

121:18

expect

51:18,21

expectations

23:3

expected

21:22 22:1

98:22

expense

40:14 155:12

expensive

124:12 130:25

experience

26:3 70:1

71:10 137:23

experienced

99:21

expert

138:9

experts

51:9 70:8

explore

104:18 145:6

explosive

78:4

exposed

30:11 47:18

77:3 145:6

153:2

exposing

38:20 48:25

exposure

126:8

express

39:15

expressed

65:12

Expressway

42:6

extended

49:1

extending

129:15

extensions

76:10

extensive

9:20 11:14

extinct

118:23

extinctions

42:24

extra

151:16

extraction

48:3,22

extraordinar

ily

135:10

extreme

120:19

extremely

12:6 142:4

extremes

104:22

ExxonMobil

34:20

eyes

120:2

F

F

13:3 21:9

85:12 147:22

face

20:19 26:21

28:8 37:1

96:19 100:16

101:19 130:22

faced

90:24

faces

2:9

facilities

3:22 4:18

11:11 16:5,

23,24 21:12

29:15,16

47:19 56:4

57:10 60:25

74:12 93:1

103:17 109:11

121:22 138:18

141:25 144:24

145:1

facility

61:4 102:15

facing

37:23 52:22

54:25 84:15

139:9

fact

5:21 6:2

27:23 31:2

38:17 43:21

62:12 63:1

73:12 76:23

89:19 91:15

98:17 101:14,

24 105:3,9

107:6 113:1

115:2 116:24

117:2 118:2

141:16 144:12

147:17 149:19

152:11 155:18

Hearing January 14, 2011

202
factored

52:21

factors

87:2

factory

110:13

facts

24:12 43:18

51:10 158:16

fail

40:24

failed

26:4 32:9

39:25 72:6

95:9 96:10

98:7 100:19

126:22 131:21

144:17 156:14

157:16

failing

21:9 144:20

fails

96:17 123:2

146:14

failure

95:20 96:19

98:14

fair

6:17 13:20

55:3 67:23

80:14 125:6

Fairfield

67:1

fairly

150:18

faith

64:5,8 65:1,6

66:8 82:21

130:4,6

131:22

fall

53:2 80:18

99:24

fallacious

123:21

falling

122:23

false

100:12 123:21

familiar

2:8 31:15

36:15

families

10:16 47:17

48:17 53:9

67:8 84:6

148:19

family

45:16 49:1

68:17 78:22

88:13 89:13,

21 131:6

family's

48:24

far

18:2 89:4

105:22 119:14

132:2 147:6,

20 157:20

158:11

farm

90:23

Farmers

28:15 39:2

90:13,23

farming

88:13,20

89:13

farms

40:17

fashion

47:23

fast

49:17

faster

94:8

fast-tracked

90:1 142:22

fates

77:14

father's

131:6

fatigue

49:6

fatigued

114:13

Fava

71:19,20

F-A-V-A

71:21

favor

18:24 60:22

62:22 77:14

117:5 158:24

159:6

Fayette

68:7,23

Fayetteville

68:12

Fayettville

68:7

fear

53:8 65:25

156:3

fearful

48:24

feasible

123:12,13

February

5:18 12:18

59:8 153:21

154:3

fed

97:9

Federal

2:17,19 4:2,

13 9:4,15,24

10:21 11:15

13:18 16:13,

18 18:17 19:5

20:2,5,10,

14,15 23:11

24:9 29:5,9

30:9 31:25

32:8 33:3

34:4 54:15

55:13 84:17

89:12,17

96:16 98:1

104:19 105:10

106:1 108:5

118:18 120:2

129:7 130:12

131:16 145:4

Federation

97:18,24

100:18 143:19

Federations

97:22

Federation's

100:7

feel

22:6 59:25

80:21 114:20,

22 115:18

125:19

feels

84:13

feet

47:20 75:8

76:4 78:17

81:23 109:12,

18 119:9

150:21

Feil

124:4 126:3

132:8

fend

155:16

fever

43:17

fewer

10:16

fibrosis

113:17,25

field

11:25 29:20

48:21 68:25

70:25 88:1

106:2 108:5

fields

77:22

fight

35:22 79:16

84:19 127:5

139:19

141:20,21

143:3,5

152:20

fighting

25:17 71:25

92:10 93:24

102:11 104:9

127:2 146:10

fights

116:20

figure

100:13

figures

42:24,25

filed

17:6 117:18

filing

9:22

fill

90:22

fills

9:6

filters

151:16,17

Hearing January 14, 2011

203
filthy

44:2 69:16

filtration

151:16

final

5:6,8,20

13:14 14:5

15:17 58:4,14

137:19 140:25

finally

13:11 56:19

80:16 93:10,

12 94:6 102:6

111:14 152:9

financially

147:12

find

36:24 51:25

62:1 80:12

findings

13:14

fine

50:2 59:1

103:25 133:22

136:25 137:11

154:16

fines

62:16,17

146:19

finger

128:19

finishes

150:11

FIP

4:14 10:22

15:3

fire

75:8,9

firestorm

87:8

firm

51:24 52:7

firmly

27:4 147:8

first

2:3,7 3:22

19:25 28:22

32:18 34:8

39:14 58:1

59:16 60:10

64:16 70:2

73:1 77:19

78:3 79:17

102:2 104:17

106:22 110:11

113:5 115:18,

24 126:9

134:3,12

138:4 141:18

146:4,5 152:7

154:14,16

fiscal

64:16 74:17

fish

78:6 91:2

98:15,25

fisheries

99:13

fisherman

90:14 91:1

fishing

88:14,21 91:3

144:16

fissures

119:19

five

6:10,18 34:21

57:12 59:15

109:11 116:5

122:19 132:8

136:11 158:9

five-minute

41:7 59:18

fix

52:8 85:5

flared

78:12 151:12

flares

36:14

Flat

24:19

Flavia

38:8,11,13

F-L-A-V-I-A

38:11

flawed

11:1

fleet

91:3

flew

36:12

flex

75:11

flexible

18:5 24:13

flight

154:21

floating

43:11

flood

99:19

flooding

99:15 120:15,

16

floods

99:17

floor

3:18 150:13

Florida

113:19

flourish

122:12

Flower

19:23 21:16

60:17,23 80:9

83:20 84:23

85:8,11,16,

19 125:23

146:7,16

147:16

flown

133:24

flows

125:12

flume

55:2 67:19

fly

154:21,22

focus

26:20 98:13

fog

78:17

fogs

42:15

folks

56:12 59:23,

25 60:13 82:7

87:7 93:25

112:9 131:12

follow

30:8 33:24

34:4 35:19

39:8 148:10

154:17

following

14:4 18:5

19:3 129:7

follows

34:1 95:15

Fonken

12:22 13:1,2

food

34:25 64:11

football

88:1

force

20:7 34:4

53:1 74:11

86:6 115:3

forced

47:21 74:9

124:19

forceful

116:10

forcing

142:11

forest

99:24

forests

100:1

forever

153:3

forget

36:5

forging

7:25 159:20

form

47:12 79:6

formal

59:5

formaldehyde

34:23

format

22:3

formed

69:9

former

51:7 104:21

116:17 117:10

formerly

86:14 130:12

forms

93:3

Fort

23:18,20 67:3

79:24 108:14

109:16

110:12,15

Hearing January 14, 2011

204
125:23

127:13,14

forth

16:22 76:24

153:25

fortitude

131:23

fortune

27:5

Forty

148:15

forward

10:4,9 11:24

12:17 15:6

19:2 25:21

30:22 32:21

34:14 38:16

51:6,15,23

101:3 112:20

139:16 144:25

154:15

fossil

27:16 32:19

51:4 114:24

121:9 126:24

130:24

fosters

26:5

foul

114:14

found

15:5 28:6

61:16 70:14

79:7,16 85:22

104:22 111:13

133:12 147:1,

2 152:13

157:9

Foundation

121:12

founded

130:11

founder

116:19

founders

24:18

four

56:7 85:22

87:19 97:22

fourth

37:7 39:12

88:13 89:13

four-yearold

156:8

fowl

88:21 99:11

frack

119:18

152:24,25

FrackDallas.

org

116:20

fracked

21:13

fracking

79:25 119:15

128:12

fractures

119:19

fracturing

20:24

Francisco

133:25

Frank

13:3 109:24

112:18 113:4

Franklin

67:1

frankly

29:11 138:23

Frederick

146:1 148:2

free

76:13 123:5,7

135:7

freehand

155:12

Freeport

39:2

freeway

78:18

freeways

78:15

frequency

120:18

frequent

22:15 99:22

frequently

23:23 24:3,4

110:9

fresh

99:12

friend

39:2 61:15

friends

2:8 32:20

45:16 49:1

79:24 89:21

128:12,15

133:8

front

59:13 60:13

78:18 123:3

fronts

58:1 75:10,11

Fs

86:8

fuel

15:11 17:4

18:14,24

27:16 32:20

51:5 73:9,14

104:25 105:1

121:9 130:24

fueled

106:11

fueling

120:14

fuels

114:24 126:24

Fuente

38:8,10,11,

13

F-U-E-N-T-E

38:12

fulfill

25:25

full

6:23 117:9

125:19 152:8

full-time

76:9

fully

12:9,14 21:10

39:9

fumes

48:21

function

10:24

Fund

7:16,17,20

123:8

funds

25:9

further

2:16 19:7

43:13 67:25

68:5 70:6

125:12

furthermore

35:11

Fusinato

46:18 50:15,

16,21

F-U-S-I-N-AT-O

50:21

future

11:4 12:10

14:12 16:5

34:14 35:7

36:5 38:15

40:16 41:3

45:6,7 46:6

51:11,20 52:4

64:20 66:6

69:1 99:7

102:7 105:3

108:1,10

115:12,14

137:4,6,7

139:11 145:19

159:13

G

G

2:1

gadget

59:13

Galveston

86:14 88:9

120:21

game

123:21

gap

9:6 58:6

gaping

129:5

gas

3:24 4:3,15,

23 5:24 9:12,

19,21 10:17,

23 11:7,9,13,

20,22,25

12:16 13:16,

19 14:10,11,

14,18,22

Hearing January 14, 2011

205
15:3,4,13,

20,23 17:24

18:6 20:24

21:6,12 22:10

32:25 34:2

36:21 37:1

46:21,25

47:4,8,10,

11,13,16,18,

24,25 48:3,6,

9,22 49:16,17

51:2 53:9

56:4,18

57:11,13,15,

22 58:3,23

60:23,24

61:1,9,10,

13,17 62:25

63:1,24

65:15,19

70:22 71:11

75:22 81:16

84:22,23

85:7,10

92:16,18

98:14,18

100:4,24

104:23 105:5

107:24 109:4,

8 111:5

112:25 116:21

117:10,13,

20,22,25

118:5,9

119:11,20,22

121:1,23

122:10 125:9,

15 126:25

127:2,14

128:2,3 129:1

130:25 132:12

134:9,13

135:10 137:16

138:19 141:14

142:9,21

143:4 144:2

146:11 147:7

150:19,23

152:10,13,15

153:9 155:6,

9,15 157:4,6,

10

gases

2:21 4:1,9

8:5 13:5,21,

24 14:5 20:1,

20 21:11

24:14,15

27:2,9,15,17

28:3 29:13

30:6 37:11,22

39:17 44:22

45:12 46:15

62:17 65:10

78:12 81:2

84:25 93:6

98:3 101:24

115:4 117:23

118:3 119:4,

12,13,21

120:14 126:15

141:19 144:6

145:12 147:7

155:24 157:17

gasoline

111:5,7,10

gas-related

61:20

gather

57:3

gathered

16:11

gave

148:15

General

3:7 17:9,19

18:8 19:20

28:5 56:20

83:25 84:18

96:12 123:19

143:25 154:19

General's

23:25 25:5,9,

24

generate

31:21

generated

145:13

generating

8:2

generation

19:1 32:3

34:15 39:13

78:23 88:13

89:13 98:23

generations

36:5 41:1

99:7 116:6

generators

151:11

gentlemen

44:13 105:10

134:24 138:6

geologic

42:20

George

21:3

getting

48:4 54:14

99:20 102:12

103:21 153:6

GHG

13:10 16:2

17:15 89:9

giant

70:5

gigatons

42:22,25

43:1,3

Ginger

19:18

girl

129:21 156:8

give

6:24 27:12

50:17 116:14

135:7 149:16

152:9 154:12,

14

given

13:6 33:23

37:20 70:19

93:5 108:7

146:19 153:24

154:25

gives

4:14 21:8

giving

19:23 37:25

72:5 123:7

145:24

glad

28:12 38:2

41:16 82:17

94:6 101:19

104:13 108:8

113:8 141:15,

19,20 142:9

143:2

global

7:24 8:22,25

25:5 47:9,10

57:13 64:14

75:9 98:5

100:14,21

106:10,12,

22,23,24

107:4,20

115:2,3

120:17 140:25

144:3,6

globally

106:8

GM

129:20,24

Go

2:3 7:12

26:11 30:16

36:10 41:4

53:9 59:3,18

67:25 68:5

69:18 78:19

81:22 90:19

94:8 102:15,

18 103:4

111:16 122:12

127:22 130:22

137:1 138:3

144:25

147:19,22,23

149:4 151:9

154:16,25

goal

82:12 139:1

goals

107:2

God

64:3 65:2

66:9,11

136:20

God's

43:22 64:2

goes

33:16 54:16,

17 104:6

132:2 137:14

139:22 145:17

going

2:9 5:12,19

22:1 25:3

35:18 36:17

41:6 42:13

46:1 47:9

50:16 51:1,5,

6,8,23 58:25

62:6 63:8

79:25 81:9,

23,24 82:9,13

Hearing January 14, 2011

206
84:8 87:5,13

88:14 89:6,10

90:17 91:1

92:15,20,22

93:21,23

102:19,23,24

103:8 104:6,

22 110:24

112:3 114:6,

25 116:11

121:7 123:12,

13 127:17

128:22,24

129:18 135:1

136:7,23,24

141:21,25

147:18 149:18

153:10,12

154:4,22

159:8,10

Goliad

67:5

gone

62:13 68:16

118:23 136:13

137:2 142:8

147:18 157:20

Good

2:2 10:12,24

13:1 19:21

20:4 23:16

26:17 27:6

28:14 38:10

39:11 49:12

50:2 52:12

55:22,24,25

60:16 61:15

62:9 63:14

66:14 68:16

76:20 79:18

86:9 92:22

95:5 101:13

104:10,14

113:6 119:12

120:8 123:3

133:20 134:4,

17 135:2

137:25 138:5

140:1 141:18

145:17 157:1

158:6,7

159:19

gosh

62:6

go-to

48:15

gotten

136:11

governing

76:8

Government

2:17 20:2,5,

10,15 23:6,11

32:8,21 35:22

45:20 51:24

63:19 66:1

73:3,25

74:16,19

80:21 82:1,2,

14 89:12,17

98:7 104:20

105:11 115:17

117:5 130:9,

10 156:14

governments

23:3,6 31:13

74:9

government's

115:18

Governor

16:16 17:9,

19,25 18:8

25:24 28:24

29:3 30:8

35:9 38:22

39:8,18

70:21,23

75:19 76:7

81:13 83:25

84:18 94:2

96:11 97:10

107:7 108:3

121:20 122:1,

7,9 123:19

126:22 142:7

144:19 145:14

155:10,13

156:17,20

157:19 158:13

governors

17:22 19:4

Governor's

23:24 24:17

25:8 49:7

123:8 155:7

Grace

105:20

grade

21:9 128:9

136:14

gradually

42:4,7

graduate

89:3

Grand

31:9 105:6

grandchildre

n

66:7 100:5

136:11

grandchildre

n's

115:9

grandfather

31:10 32:2

grandkids

143:24

grandmothers

140:5

grandparent'

s

67:9

grandson

136:15

grandstandin

g

30:17 49:9

122:8

granted

134:19 143:1

grants

123:3

grasses

119:5

grassroots

122:16

grateful

75:12 80:17

108:25

grave

17:10

Gray

141:6 143:10,

12,13,15

145:23

G-R-A-Y

143:11

grease

117:12,13

Great

12:20 17:20

19:16 40:13

63:9 76:6

77:14 88:20,

21 93:11 99:3

112:14 132:9

greater

22:25 53:16

79:12,13,14

122:18 152:1

greatest

65:20 132:4

greatly

84:22 131:21

148:12

greed

53:12

green

6:8,9 59:14,

16 145:9

greener

18:22

greenhouse

2:21 3:23,25

4:3,9,15,23

5:24 8:5

9:12,19,21

10:17,23

11:7,13,20,

22,25 12:15

13:5,16,19,

21,24 14:5,

10,11,14,18,

22 15:3,4,20,

23 17:24 18:6

20:1,20 21:11

24:14,15

27:2,9,15

28:3 29:13

30:6 32:25

34:2 36:21

37:1,11 39:17

44:22 45:12

46:15,25

47:4,13,25

51:2 56:4,18

57:11,13,15,

22 58:3,23

63:24 65:10,

15,19 70:22

71:11 75:22

81:2 84:25

92:16,18 93:6

98:3,14,18

100:4,24

Hearing January 14, 2011

207
101:24 107:24

112:25 115:4

117:23 118:4

120:14 121:1,

23 122:10

125:9 126:15

134:9,13

138:19

141:14,19

142:9,21

143:4 144:2,5

145:12 147:7

155:6 157:17

160:13

greenhouses

37:22 145:13

Greenpeace

32:15 34:13

103:12,16

Greg

17:9 117:19

131:18

137:16,19

grew

67:19 113:9

131:8,9

grievances

96:18

Griggs

137:24 138:2,

4,5,6

Griggs'

137:24

ground

43:7,23,24

44:3 106:15

117:24

group

82:22 116:19

130:9 149:18

160:14

groups

11:16 69:8

74:2 131:1

134:8

grow

30:14 32:1

51:17

growers

68:18

growing

31:24 80:2

100:10 145:1

grown

67:21

grown-ups

77:8

growth

72:13 77:5

119:5 144:5

145:15

guarantee

9:16

Guard

77:20,21,25

78:6 79:10,11

guess

50:7 101:18

guidelines

16:2 156:2

guise

72:5

Gulf

67:20 78:3

88:9 90:11

91:3,8 99:3,9

guns

141:13

guy

126:4

guys

34:6 63:9

80:14 82:17

83:5,11 86:20

87:11 91:16

93:8,19 94:23

97:8,11

108:12 116:25

H

habitat

99:10

habitats

98:16

Haik

68:17

half

43:2 48:7

92:18 112:3

Halliburton

128:16

hallway

59:25 60:14

Hamaker

94:19 95:5,6

97:1

H-A-M-A-K-ER

96:25

Hamaker's

96:24

hamstrung

19:6

hand

99:4

handled

60:13

hands

82:1,20 103:5

HAP

127:14,22

happen

29:24 31:24

40:20 49:18

102:7 103:1

123:23 130:20

133:1 151:7,9

happened

43:19,20 93:7

128:7 151:24

happening

25:4 82:8

102:6 106:11

130:14 151:19

152:4

happens

102:25 158:2

happily

86:18 128:13

happiness

95:13,15

happy

116:8 124:8

HAPs

127:9

hard

6:19 15:22

59:21 99:19

133:17 137:18

139:18 145:22

152:5

harder

100:15

harm

14:21 65:5

66:6 106:13

126:15 134:15

135:5

harmful

16:14 18:20

24:15 29:10

121:3 148:12,

22 155:24

harm's

104:2

Harriet

130:5,7

133:20

Harris

55:10

harsh

69:25 94:5

Harvey

68:16

hasn't

116:7 136:10

hat

126:4

hate

88:24

hates

128:17

haven't

47:3 50:9

59:24 92:15

93:7,15

135:24 154:1

have-toshoulderthe-cost

53:13

hazardous

47:17 69:16

110:7 125:10

hazards

83:2

haze

133:24,25

head

92:14 114:18

115:17

headline

140:17

headquarter'

s

150:2

health

7:25 8:8 9:11

16:20 17:12

18:20 19:13

Hearing January 14, 2011

208
20:12,25

21:10,17

22:19 23:5,8

24:16 26:9,24

27:6 30:10

31:1,18 32:5,

21 35:7 36:18

37:25 38:22

40:1,14 44:24

45:4,14 48:8

49:2,4 51:10,

15 52:16 53:3

54:2,9,15

65:8 66:23

67:8,9,24

68:4 72:4,23,

24 73:7,17,

23,25 74:1,5,

11,19 76:21

80:23 81:13

82:1 84:6,9

85:3,6,21

86:9,13 87:6

89:10,20,21

92:2 95:9,14,

17,21 96:1,8,

11,13,21,23

98:10 106:13

108:2,10,20,

24 116:3

117:3,14

121:4 122:4,

11 123:14

124:18 126:9

128:20,23,24

139:4 140:1

141:13 147:13

148:4,6,18,

24 149:1,2

151:10 152:3

155:13 156:22

157:25

healthier

75:2

healthy

35:10,11,12

49:15 68:15

100:13 147:4

hear

12:24 28:2

65:24 67:7

72:13 88:2

93:17 105:24

109:25 112:12

119:15 150:12

heard

27:20 36:17

80:2 85:13

93:15 94:12

104:22,24

106:14 108:16

139:25 142:13

155:19

HEARING

1:11 2:4 3:9,

13,14 5:12,14

6:17 7:10

9:24 35:1

38:3 41:8,11

54:25 56:1,8,

24 58:12

66:20 75:6,23

76:3,24

112:15 128:23

149:15 154:4,

8,12,23

160:2,7,8

hearings

24:5 57:2,3

96:4

heart

33:11 49:4

67:17 74:5,15

122:25 136:23

hearts

64:5

heaven

66:12

heavily

87:4 125:7

heavy

155:17,19,

20,21,22

held

2:5

Helen

158:5,8

he'll

76:16

hello

2:8 34:11

86:10 92:6

124:5 130:6

143:10

help

6:15 8:20,21

18:19 28:11

29:24 46:12

50:17 59:3

60:1,19 71:12

75:12 80:17,

22,23 81:4,21

83:9,14 88:15

89:6 90:4

91:24 92:3,13

109:6 130:1

139:20 148:21

153:6

helpful

71:16

helping

56:13 87:6

148:11

helpless

53:13

helps

68:24

HEPA

151:16

her

61:16 73:13

79:6 103:25

129:22 146:24

147:1,3,6

Herbert

21:3

heritage

99:4

Hernandez

141:5,8,9

145:24

H-E-R-N-A-ND-E-Z

141:9

herself

119:7

hexene

34:23

Hi

42:1 46:20

94:20 146:6

high

16:5 34:23

48:19 73:21

74:14 81:14,

23 84:24

99:18 115:23

128:9 142:4

higher

21:15 43:13

67:16 103:20

highest

8:4 74:13

90:9 125:13

137:14 157:7

159:11

high-impact

109:11

highly

18:25

highways

125:8

Hillary

103:5

hire

18:14

hired

117:2

history

31:17,22

66:12 75:25

84:16 121:2

133:5 144:20

hit

36:9 114:11

hits

55:3

hitting

115:11

Hoffman

3:7 19:19

56:19 66:17,

18 149:24

154:18

hold

35:18 60:14

holding

75:6,7

holds

34:15

holes

129:5

home

32:16 63:20

71:21 78:19

90:19 126:24,

25 131:17

147:17 150:21

151:5,15,16,

18 158:22

homes

47:20,21

48:17

hometown

Hearing January 14, 2011

209
45:8 67:15

78:11

honor

99:4

Hood

85:24

hope

10:3 20:17

23:12 25:10

34:8 80:4

83:6 86:5,22

97:10 102:6,

10,25 103:1,6

104:1 111:19

116:9 125:17

129:8,13

131:22 137:25

140:3 150:4

158:18

hopeful

83:11

hopefully

35:19 108:9

144:6

hopes

12:9

hoping

127:19 129:16

horrifying

35:21

horse

88:25

Hospital

72:19,21

73:13 85:22

114:7 135:18

136:9,18

140:2

hospitals

47:20

hosting

38:3

hosts

71:2

hot

74:18

hotter

120:19

hottest

106:7

hour

112:3

hours

81:25 87:19

house

81:24 94:22

133:24 136:11

153:3

housebound

156:9

housekeeping

60:4

houses

61:22 91:13

150:22

housing

151:18 159:16

Houston

38:25 77:24

78:1,6,12,

16,20 79:9,16

86:12,14,23

87:4 88:8

99:16,18

102:14 103:9,

10,17,20

104:4 120:22

122:18

Houston's

86:12

Howard

3:6 19:19

56:19 149:24

154:18

How's

32:13

huge

47:3 81:8

90:11 103:9

human

7:25 8:8

22:20 24:16

36:2 64:6

65:6,8 66:2,

12 95:11

119:6 144:4

humanity

115:2

hundred

43:6

hundreds

15:24 49:18

50:1 73:23

122:19

hunting

88:21

Hurricane

120:21

hurricanes

106:15 120:20

hurt

72:12 93:21

139:8

hurting

30:15 116:11

husband

147:20

hydraulic

20:24

I

ice

43:9

icebergs

43:10

idea

73:8

ideas

70:20 76:13

identical

5:8 58:10

identified

2:12 140:9

identifies

153:20

identify

22:17

ideological

25:10

IGCC

91:13

ignorant

61:8

ignore

33:2 43:21

96:13

ignored

43:18 116:1

Ike

120:21

illegal

130:18 142:17

illegally

89:25

illness

115:14

illnesses

40:7 72:18

74:6

illustrates

73:5

images

50:4

immediate

22:9 24:9

30:10 38:19

134:15 135:12

immediately

5:6 114:22

115:6

immersed

22:18

Immigration

64:21,25

imminent

55:12

impact

40:25 53:21

63:16 64:14

65:10 72:19

103:9 132:4

impacted

64:10 102:22,

23 140:5

impacts

13:6 48:8

63:25 64:16

98:10 108:21

imperative

22:6,8

implement

12:4 26:1

30:25 33:1

implementati

on

4:6,13 9:21,

23 10:22

28:21 29:5,23

57:19 58:9

100:23 107:9

134:21 160:12

implemented

12:5 68:2

implementing

10:8 14:4

31:20 101:4

138:16

implications

64:6

Hearing January 14, 2011

210
implore

123:1 147:24

important

5:23 10:6

11:5,21 12:4

41:5 65:8,14

99:13 107:1

112:16 128:15

137:17 141:11

142:22 144:14

145:2 153:6

importantly

35:4

imports

145:10

imposing

14:22

improvement

115:9

improving

65:18 68:3

impulsively

146:8

impunity

62:15,18

inability

14:20

inadequacies

24:7

incentive

109:20

incentives

126:23

incidence

79:12,13,14

81:17

incident

21:25

incidents

128:7

incinerators

55:3,8

include

13:25 64:9

70:20 109:3,9

117:23

included

22:15 48:6

includes

8:9 14:7 54:9

including

10:16 11:7

13:17 15:14

17:14 19:4

49:2 88:18

92:25 155:12

income

68:19

increase

34:17 37:14

52:19 74:24

102:19

106:15,21

120:17 130:24

140:19

increased

21:7 33:4

79:25 81:15

106:14 114:11

120:18,20

127:8,9

increases

127:9,10

incredibly

62:8 99:8

incumbent

20:15 155:23

Indeed

8:1 96:10

106:23 108:17

109:20

Independence

95:11

independent

62:2 147:11

in-depth

3:13

India

63:2

Indians

116:5

indicate

103:19 104:5

indicates

11:16

indication

54:24

indigent

74:14

indirect

22:12

individual

20:12 23:2

46:11,12

individuals

6:3 65:22

107:17 111:15

112:19 140:5

industrial

3:22 4:18

8:11 9:14

11:6,14 12:1,

7 16:23 29:15

30:7 37:6,15

45:2 53:1,6,

11,16 57:10

72:8 138:17

140:10

industrializ

ed

87:4 125:7

industries

29:20,21 53:5

54:10,12

65:10 67:24

82:8 83:13

95:17,23

118:19 133:4

159:21

industry

11:16 14:7,

16,24 24:23

32:20 33:7

37:9 48:3

49:14 51:9,

22,25 52:23

54:6 66:1

67:19 70:8

72:5,14 73:15

83:4 90:22

101:17,18

104:6 109:4,8

111:17 117:4,

10 119:15

123:19 132:15

133:5 134:8,

15 135:6

139:3,5

155:10,11,

14,17,20,22,

23,25 157:10

159:6

industryfriendly

72:3

industry's

155:8

infections

136:24

infestations

99:25

influence

35:5

influenced

147:8

influx

81:16

inform

25:11

information

57:3 82:25

85:18 86:18

110:3 111:19

informed

45:19

infrared

50:4

inherit

99:7

initial

57:21

initially

140:8 151:13

initiate

29:19

initiatives

28:19

injecting

25:15

injury

17:13

innocent

65:6

innovation

8:25

innovations

66:1 157:11

input

56:1,2 75:1

insects

43:12 99:25

insist

52:3

insistence

25:6

inspired

77:25

install

Hearing January 14, 2011

211
95:24 121:22

installation

29:17 61:4

installed

47:19

installing

17:3

instance

64:11

Instead

19:5 77:10

111:6

institution

24:9

instructions

6:3 153:23

instrumental

56:13

insult

17:13

insurance

36:24 72:24

73:3 74:20

Integrity

13:3 118:1

intended

3:22

intense

99:14 106:14

intent

57:24 103:7

interact

140:16

interest

7:11 14:15

81:9 107:10,

13 109:19

117:19,20

134:16 154:2

159:3,13

interested

6:3 22:8 24:1

38:14

interesting

28:6

interests

35:8 40:1

93:19

interfaith

63:17,20,21

interim

5:6,8 58:1,4

internal

113:15

intervene

33:25 49:19

intervening

46:24

intervention

22:5

interview

147:21

intimidate

156:3

intimidating

94:3

introduce

2:25 19:19

introduction

2:23 111:12

141:7

inundating

99:9

invented

126:10

inventory

48:9 132:17

invest

53:22 139:4

investigate

21:18

investigated

42:10

investigatio

ns

22:16

investigator

78:2,9

investment

8:18,24

investments

9:10

investors

63:3

invite

5:16,22 12:21

38:8 41:24

involved

56:17,21

112:24 115:22

146:10

involves

46:8

involving

73:9

Irby

130:5 133:20

136:12 137:9

ironic

95:6 103:2

irreparable

134:15 135:5

irreparably

14:21

irresponsibl

e

24:25 25:7,23

82:25 122:8

Irving

136:12

island

25:4 36:23

issue

2:20 4:13,14

8:10 13:17

14:20 15:3

39:16 42:18

44:10 51:1

53:11 64:4

74:18 75:10,

11,22 95:23

103:8 116:2

125:2 141:11

147:6,7 148:6

149:2,3,4

issued

3:21 5:7

15:17 57:9

58:1,4 64:14

141:22

issues

25:22 36:21

37:3 52:8

54:5 57:4,5

59:4 64:10

74:17 76:20

84:9 85:3

87:14,17

131:4 138:9

issuing

5:20

J

jacking

72:23

Jackson

102:2 103:24

107:19

Jacobson

126:10,16

127:24 128:4,

6

Jacoby

101:12

104:14,15

105:16,18

120:7 122:14

J-A-C-O-B-Y

105:17 122:15

James

60:10,17

Jan

137:24 139:14

150:8 153:16

Janet

120:6

JANUARY

1:12 4:16

29:9 58:7

90:1 135:17

Jeff

112:21,22,23

113:1,2

149:19

Jeffrey

120:6,7

122:14

Jennifer

145:25 146:6

jeopardize

84:5

jeopardizing

72:24

jeopardy

16:19 63:6,7

Jerry

132:9

Jewett

67:1

Jim

42:1 71:19

75:5

Jim's

77:17

job

18:10 19:2

Hearing January 14, 2011

212
22:14 26:12,

13 69:14

72:13 76:23

90:3 100:14

111:12,18

118:17,20

120:3 122:23

123:25

124:11,15

jobs

14:24 16:19

17:20 30:15

40:13 53:10

63:8,9,11

76:25 77:1

83:4 84:5

89:1 93:21

121:12,13,

14,19 122:3

123:20 139:2

145:10

147:13,21

159:8

Joe

31:5,7

John

26:15,18

68:17 72:20

Johnson

85:25

join

100:22

joined

41:14 56:16

77:25

Joining

3:6 154:13

160:14,16

Jones'

132:9

Josh

97:2,4

Joyce

120:7,9

Juan

101:12,14

judge

17:16 90:7

judgement

49:8

judges

90:6

judgment

69:25

July

114:15

June

134:14

junior

81:23 128:9

Just

14:19 20:22

21:5 24:12

27:13,17 28:7

31:10 32:11

33:19 34:8

35:19 36:9,16

39:17 41:23

45:1,5 47:9

48:4 49:23

50:3,6,17

54:12 60:3

61:20 62:7,18

63:7 67:20

68:18 71:15,

16 74:17 75:9

76:7 77:11

79:7 80:4

82:6,12 85:8

86:16,21

87:19,24 89:1

90:18 91:7

93:10 94:15,

23 97:6 99:19

102:4 103:9

104:17 105:22

107:21 108:5

110:22 111:17

116:4 121:9,

16 122:22

123:4 125:22

128:12,25

129:20,22

130:21 135:19

140:6 142:7

146:20 147:20

149:18 152:17

154:17,24

158:16 159:22

160:15,18

justice

74:3,16 87:3

101:16

102:21,22

103:3,8

104:3,10

139:23,24

140:7,8

justices

134:11

justified

14:15 159:10

justly

66:10

K

Kaderka

97:3,14,16

101:8,10

K-A-D-E-R-KA

101:9

keep

6:19 11:25

25:12 28:9

47:9 49:23

59:21 72:9

83:14 86:4

87:13 92:13

93:20 102:12

126:21 138:10

139:11 155:7

156:19 159:10

keeping

6:16 159:8

Keller

3:5 56:16

128:1 149:23

Ken

52:11 54:19

Kendal

34:10,11

K-E-N-D-A-L

34:12

key

25:19 112:24

Keystone

102:9

kid

115:24

kids

61:13 63:6,7,

10 128:13,20

129:1,4

143:23 145:20

kill

46:1,2 69:17

killers

76:24

killing

123:20 142:5

kills

33:8 61:21

76:25 77:1,5,

6

kilns

11:10 78:22

155:15

Kim

124:4 126:3

132:8

kind

31:21 36:14

59:22 63:11

103:1 126:20

132:16 134:11

157:21

knew

41:17 111:8

131:9 132:24

152:3

knocking

122:17

know

11:12 16:11

21:19 22:5

24:6,12 28:12

35:2 36:17

37:4,19 38:25

39:1 40:4

42:12 45:6,

10,13,14,16,

18 46:1,5,7

51:13 55:8

58:8 59:20

60:24 62:4

65:8 71:17

76:25 78:15,

25 79:19

80:2,4 82:4,6

84:6,12,13,

24 86:20

87:7,11 89:14

91:4,24 93:22

106:3 111:21

114:3,14

115:13 118:2

123:10,11

124:11 127:1,

18,23 128:5,

10 129:3,20,

21,23 131:10

132:25

134:16,17,25

136:5,10

Hearing January 14, 2011

213
141:22,24

143:2 144:21

145:3,12,13

146:12 147:11

150:8 151:8

152:16 153:8,

13 156:4,18

159:8

knowing

133:5

knowledge

153:4

known

82:25 86:14

88:23 140:20

157:6

knows

45:10 93:20

145:13

L

la

38:8,10,11,

13

L-A

38:11

lab

44:8,9

labeling

27:22

lack

76:11 104:7

lacking

109:2

lady

86:21 147:5

Lake

67:2

lakes

144:16

land

8:4 35:23

159:6,12

landed

132:10

landscapes

98:25 100:16

Lane

109:25 112:19

113:4,5,6,7,

8

language

96:15

Lanka

120:16

large

4:17 9:13

11:6,7,16

13:10 15:7

37:10 53:4

54:3,4,8

55:18 56:3

58:21 82:22

99:9 109:19

144:9 151:17

160:14

larger

98:17 99:23

large-scale

60:25 64:17

largest

3:25 8:11

11:8 16:22

29:15 30:13

37:7 57:14

68:21 69:22

71:2,8,22,23

81:1 84:11,15

86:7 91:2,5

97:19 121:16

122:10

Las

37:13 45:25

67:11 142:24

143:8

last

6:17 13:3

21:18 25:2

42:2 48:10

59:17 77:17

86:11 96:24

101:14 108:25

113:19 121:12

127:16 128:18

134:6,13,14,

22 141:6,9

142:14 146:15

149:17

late

50:8 65:23

110:5 111:4,

19 141:20

late-night

70:25

later

3:6 5:20 52:8

60:8 78:5

111:1 147:2

latest

32:24 33:19

34:2 75:24,25

106:8 121:17

lauded

53:23

laughing

70:24

law

14:4 16:13,18

17:23 18:17

19:5 21:3

24:1 30:9,21

31:17 33:24

38:2 39:8

69:3 78:14

90:6 92:2

97:25 103:7

111:24 117:3

118:18 134:25

139:21 142:6,

9,15,23 145:4

148:10

laws

9:16 29:9

31:25 33:3,20

34:20 35:17

54:15 66:1

130:19 139:21

lawsuits

9:22 19:6

96:4 117:18

156:13

lawyers

134:17

lax

47:14

lay

135:20

lays

5:22

lead

19:3 35:21

38:24 40:21

41:14 72:20

94:10 126:24

140:21

leader

121:8,9

leaders

8:22 35:6

39:20 89:19,

20 91:23 92:1

95:7,8 96:3,

5,7,10,23

100:19 103:23

125:4

leadership

9:19 26:4

34:18 38:17

39:6 75:7,8

76:12 86:24

95:21 109:1

116:7

leading

69:10 86:13

leads

33:15

League

16:7 18:18

leak

127:18

leakage

127:15

leaks

128:3

learn

65:24 127:5

learned

111:14 126:9

learning

89:5

least

15:14 28:8

91:10 114:1

140:20

leave

36:7 44:5

50:7 52:6

55:3 147:23

149:18

leaving

48:17

led

19:4

left

3:5 6:11

82:20 94:17

104:21 106:12

122:3 124:20

129:17 137:21

legacy

33:14 36:6

legal

Hearing January 14, 2011

214
15:2 17:6,14

18:8,13

33:18,24

37:20 130:20

legally

9:7 14:15

legislation

25:2

Legislature

63:18 93:5

lend

138:15

Leonard

113:16

less

22:1 51:20

55:14 145:5,

10 150:21

lest

38:5

let's

7:11 38:7

47:6 105:23

130:21 159:1

letter

152:11

letters

80:15 90:17

91:25 96:4

153:22

letting

94:1 155:11

leukemia

21:19 22:2

79:7,8 81:18

85:15 103:14,

21

level

11:25 23:4

29:20 67:23

68:25 105:13

106:15 120:2

126:8 129:11

137:14 153:11

levels

34:23 36:25

73:6 98:21

99:8 107:5

126:7

Leveson

41:24 42:1

50:15

L-I

88:4

liberty

95:12

Licuio

34:10 36:11

lies

137:4

life

41:4 46:14

55:12 79:6,9

81:25 95:12,

15 98:24

106:17 108:8

114:6 119:6

136:23 139:4

140:23 159:12

life/health

149:3

lifethreatening

74:6

lifetime

27:21 139:17

light

6:9,10,12

54:1 59:14,

16,18,19

63:20,21

lighted

78:18

lights

6:7,8 53:9

Likewise

20:9 145:24

limbo

18:8

limit

6:18 43:3

limitation

2:19

limitations

24:10

limited

9:12

limiting

134:9

limits

38:23

line

18:3 30:18

68:11 80:18

116:4 135:9

linear

126:7

linkage

22:20

linked

106:16 120:18

linking

53:20

Lisa

102:2 103:24

107:19

list

6:13 7:6

33:16

listen

3:15,16 5:10

39:25 83:23

listened

40:4,12

listening

68:1 83:23

113:2 120:1

133:17 140:4

literal

75:9

literally

18:14 113:21

122:19

litigation

10:1 14:9

little

3:19 23:19

57:8 59:13

61:6 126:4

129:17,22

134:15

livable

125:22,24

live

21:4 23:22

31:9 38:13,21

40:16 45:24

46:13 49:15

50:20 51:13

52:13 54:20

55:1 60:17

66:19 69:7

81:10 82:4

85:18 94:21

97:5 108:8,14

109:10 110:3

116:14 124:7

127:1 132:7

133:21 135:15

143:16 146:7

150:16 152:20

157:2

lived

34:19 42:14

45:1 54:20

78:23 79:5,8

129:24 143:20

149:20

150:17,18

158:9

livelihood

40:3 68:15

livelihoods

39:3 84:5

lives

33:20 41:1

44:2 46:6

52:17 65:6

74:22 138:8

148:18

living

35:3 44:25

45:5,15

113:19 129:20

152:7

load

78:4

loading

78:5

lobbying

53:24

lobbyists

32:20

local

40:10,18,20

69:8 81:8

116:19 129:7,

8 138:7

located

39:13

location

40:18 121:17

locust

62:14

log

6:16

logic

43:21

logistics

78:5

Hearing January 14, 2011

215
Lon

19:18 23:17

London

42:14,15

Lone

10:14 12:8,13

23:21,23

26:25

long

13:9 29:11,22

52:20 71:12

75:20,22,25

76:3 81:9

82:7 92:22

93:12 103:23

124:16 140:20

144:20

146:20,21

longer

46:13 75:18

77:14 151:21

look

10:9 15:22

41:2 54:21,23

61:1,3 62:20

65:2 66:11

101:17 105:7

116:4 123:6

129:3 130:14,

15 131:21

132:21 147:19

152:17 154:23

looked

85:5 111:24

130:18 131:20

136:3 147:15

looking

34:14 36:23

60:25 68:19

79:22 127:14

128:20 139:20

looks

21:20 84:13

157:18 158:1

Lopez

146:1 148:1,3

lose

9:1 38:5

53:10

losing

94:14

lost

37:2 44:1

73:24 80:25

82:21

lot

34:7 36:18,19

37:2 38:25

39:1 48:19

62:23 80:23

88:14 99:16,

17 103:14,15,

18 104:22

110:14 112:24

124:25

130:11,16

132:13,14

137:22 139:15

141:2 144:1,

13,17,23

147:10

lots

153:8 160:15

loud

61:21 87:23,

24

Louisiana

77:22,23

lousy

76:7

love

89:13 100:17

143:25

low

135:10

low-carbon

73:14

lower

157:12

lowest

72:8

low-income

104:7 127:4

luck

136:4

lunch

7:8 55:17

Lung

21:8 78:25

85:13 106:17

148:3,9,13,

19,20,22

149:10 152:21

lungs

79:3 114:2

136:24 152:21

Lutheran

64:21,25

Lyons

41:24 44:15,

16

L-Y-O-N-S

44:17

M

machine

53:15,18 54:7

macro

135:12

macroeconomi

cs

135:12

Madison

113:16,17,25

magnitude

53:11 130:24

main

115:3 141:11

maintain

64:19 118:1

major

8:18 9:13

16:24 29:16

30:7 43:20

47:9,10 58:3,

8 125:8 128:1

Majora

74:3

majority

24:2 77:13

making

13:13 24:13

26:21 43:20

46:5,6 70:24

90:17 111:17

158:23

man

126:10 156:10

management

100:15

manager

110:6

managing

100:8

Manchester

102:13 103:5

mandate

23:9,13 109:3

124:22 131:19

144:7 156:18,

19,20 158:13

manifestatio

n

75:24

manipulated

147:9

mankind

46:13 118:24

119:10

manmade

106:11 126:13

manner

10:24 26:4

29:22

manpower

124:13

manufacturin

g

71:3,22

mapping

85:10

Maralyn

94:19 95:6

Marc

112:19 113:4

116:16

March

85:9

margin

53:12,14,17

93:23

marginalized

140:10,11

marketed

53:8

marketplace

8:25

Martel

34:10,11,12

Martin

67:2

Mary

73:4

Masking

53:5

masks

128:16

Hearing January 14, 2011

216
mass

42:24

Massachusett

s

13:8 37:21

93:8

massive

33:21 47:4,15

Matagorda

88:7 89:22,23

90:23 91:4,7,

17 99:14

match

70:12

matched

147:3

matter

13:25 82:5,6

107:6 116:25

125:10 137:18

157:23

matters

71:12

Matthew

83:18 86:10

Mayor

86:24

McCord

112:19 113:4

116:16

M-C-C-O-R-D

120:5

mean

61:23 62:14

63:10 78:17

92:23 98:15

99:18 102:24

123:9 131:10

135:20 146:18

153:1 154:24

meaning

111:13

meaningful

16:4 65:21

means

11:21 58:5

82:15 121:23

125:21 138:9

148:7

meant

127:19 150:25

Meanwhile

117:22

measurable

33:14

measure

10:7 47:25

62:3 137:19

measured

47:22 48:23

62:4

measurement

48:2 62:2

measurements

62:1

measures

8:10,16 9:4,

23 76:23

80:19 81:6,20

148:17

mechanism

2:17

mechanisms

135:8

medical

73:1 113:16

155:4 156:7

medically

132:14,17

medications

136:17,21

medicine

113:15 114:9

meet

20:18 52:1

67:24 100:20

113:7,8

141:23 142:22

156:2

meeting

60:3

meetings

90:17

meets

20:14 91:15

100:9

megawatts

121:11

member

6:20 26:25

28:18 71:24

104:21 139:15

members

3:11 7:18

10:15 18:23

19:8 78:22

97:23

men

44:1 137:1

menstrual

49:3

mention

58:16 112:21

mentioned

29:7 60:25

144:15

mercenary

53:24,25

mercury

33:15 91:2

95:19 140:21

142:3 144:15

mere

109:18

merely

76:10

mess

84:11 89:14,

18 91:24

messed

89:23

messing

89:19,20

met

17:17 39:2

102:2 110:20

metaphorical

75:8

methane

21:11 47:8,

10,12,15,16

48:1 84:24,25

85:10 118:5

119:3 127:10,

12

metroplex

114:17

Mexico

91:8

Meyer

154:14,15,

16,17,25

155:2,3

157:1,2 158:4

M-E-Y-E-R

157:2

MG7

15:15

mic

88:2

microeconomi

c

135:14,15

microphone

12:24 59:13

microphones

6:5

middle

24:5 67:22

81:8,10

114:16 151:6,

7

Midlothian

52:13 55:2,8

69:9,21 70:4

71:2,7,21

78:22 125:15

Mier

52:11,12,13

migrate

70:4 119:22

migration

118:9

migratory

43:15 99:11

mile

44:3 109:18

miles

37:13 44:4

45:1,2 91:8,

18,20

military

20:7

million

30:23 48:23

53:23 64:23

71:5,8 85:11

97:23 135:22,

23 136:2

149:6

millions

15:25 73:23

74:7,23 84:7

99:10 131:1

mind

22:19 34:22

41:23

mine

Hearing January 14, 2011

217
137:25

mineral

61:11

minimize

52:19

minimizing

53:7

ministries

64:8,11,15,

17

minorities

125:2

minority

17:21

mints

20:8

minuses

132:11

minute

5:11 41:24

94:16

minutes

6:10,11,19

34:19 59:15,

17

miracle

140:23

miserably

144:17

misguided

75:13

missed

128:14

mission

53:1

mistake

35:18 117:6

mistaken

70:10

mitigate

121:3

mitigated

47:22

mix

18:23

mobile

111:7 134:10

model

53:19

modeling

91:17

models

109:16

moderate

136:16

modern

8:12

modernizing

32:21

modification

98:2

mom

80:9

moment

154:17

money

35:5,11 49:8

52:8 62:23

72:11,17

73:10 82:10

84:19 111:18

147:10

monitor

30:1 106:19

monitoring

48:1 82:19

monitors

78:14 91:19

monoxide

151:4

month

4:16 15:17

30:11 38:19

78:20

months

13:25 14:19

107:15 128:19

129:10

Monticello

67:2

mood

114:14

Moorhead

60:10 63:14,

16

moral

22:6,8 33:25

37:24 74:17

morally

52:20

moratorium

14:23

Moreover

9:11

morning

2:2 10:12

13:1 19:21

23:16 26:17

28:14 32:16

36:13 38:10

39:11 46:19

48:20 50:19

52:12 54:23

55:4,16,25

113:6 140:17

158:21

most

8:20 16:25

17:13 35:3

45:13 51:8

52:5 53:22

55:10 66:4,5

72:13 74:1

75:1 79:9

84:25 92:20

95:7,18 98:23

102:1 103:17

108:17 124:10

135:6 140:20

145:8 146:22

152:16 153:13

mother

119:7 156:9

Mothers

48:24 140:4

mother's

131:7

motion

66:4 115:6,7

motions

134:7

motivation

53:12 114:13

motivations

83:6

motive

53:6 155:7

motives

66:10

Mound

19:23 21:16

60:17,23 80:9

83:20 84:23

85:8,11,16,

19 125:23

146:7,16

147:16

mountain

97:7

mountains

43:13 44:1

99:2 130:22

mountaintop

97:15

move

11:24 12:17

18:11 19:2

24:20 51:15,

22 83:13

110:22 113:14

147:15

moved

32:21 84:12

movement

115:23

moves

109:5

Moving

15:6 18:22

25:20 30:22

38:16 43:12,

15 105:5

107:1 108:9

125:21

multimedia

3:2

multiple

51:14 151:7,9

municipal

23:5

must

9:1 30:5 46:9

47:25 48:5

70:11 133:14

148:7,9

myriad

128:19

Myself

3:10 6:21

22:18 24:2

45:4 80:10,12

88:13 97:10

107:15 149:18

160:22

myth

144:1

N

N

2:1

Hearing January 14, 2011

218
nail

102:11

naive

110:16 111:13

name

2:23 6:15,17

7:14 10:12

13:1,3 16:6

19:21 23:17

26:18 28:14

31:7 32:14

34:11 38:10,

12 39:11 42:1

44:16 50:20

52:12 54:19

56:5 59:12

60:16 63:15

66:18 69:6

75:4 77:17

80:8 83:19,20

86:10,11

88:3,24 92:6,

8 94:20 95:5

96:24 97:4,16

101:14,15

105:25 108:13

110:2 112:10

116:16 120:8

124:5 125:10

131:9 137:24

138:6 141:6,

8,9 143:10

146:6 148:2

150:5,15

155:2 157:1

158:8

names

71:17 107:23

name's

104:14 122:14

Naples

113:19

narrow

9:4

nation

8:3,14 9:1

10:2 12:1

30:12,18

33:6,15 35:4

38:25 44:7

54:17 65:22

70:25 80:19

83:16 95:19

104:5 106:25

125:14 130:23

139:21 145:7

national

20:8 21:15

63:21 64:13

83:7 86:2

88:17 97:17,

22,24 100:6,

18 102:21

106:5 143:19

148:4 153:11

nationally

56:15 153:22

nation's

14:12 65:19

68:21

nationwide

7:18 106:23

native

89:12 116:17

natural

11:9 15:12

20:24 38:5

47:8,10,11,

18,24 48:3,6,

9,22 61:9

62:25 63:4

81:16 84:22

85:10 98:15

99:4 104:23

105:4 123:14,

22 128:3

135:9 146:11

150:19,23

152:15 153:9

nature

56:23 90:12

119:7

near

12:10 15:16

44:25 45:5

68:7 77:23,24

85:7 109:10

150:16

nearly

48:10 69:11,

19

nebulizer

40:8

necessarily

35:12

necessary

3:25 8:17

13:6,15 15:4

29:1,12 30:25

51:1,5,12

73:6 98:6

need

4:19 5:5 7:6

12:2,16 14:16

18:13 22:15

24:19 25:25

27:9 30:14

31:24,25 33:4

34:2 38:4

39:22 40:8,13

48:1 52:3

55:13 57:6

59:5 67:25

68:4 69:15

71:12 77:7,8,

9 83:10 86:5

87:17 88:2,15

89:6 91:24

92:3,4 95:1,

10 104:3,9

109:6,9

114:18 116:1

118:15

127:11,22

129:12 151:22

152:19 155:17

159:18 160:9

needed

3:24 57:14

127:5 131:24

138:19 154:18

needs

25:13 34:7

35:6 93:1

94:9 100:9

111:23 133:14

159:7

negating

15:20

negative

40:19 83:4

neighbor

61:15 132:11

neighborhood

47:19 125:4

127:4 132:10,

16 133:6

152:15

neighborhood

s

79:15 109:21

140:11

neighbors

151:18

Neil

7:12 10:13

12:20

neither

47:22

network

63:17

neurological

33:11 73:22

never

36:5 69:21

70:16 76:14

80:2,9,10

110:20 118:14

132:25 153:3

nevertheless

42:23 108:22

new

4:17,19,20

9:13 12:9

15:21,22

16:22 29:8,15

33:1 35:1

47:24 66:1,

12,13 73:17

77:23 79:19

86:18 90:2

98:2 107:20

121:21 132:15

144:24 145:11

159:18

newer

11:19

newly

4:8 11:4

news

65:24 127:3

158:21

nice

113:7,8

Nichols

73:4,7

night

78:13 140:2

151:8

nightmare

61:5 152:7

nights

78:16 122:19

nine

85:23

nitrogen

Hearing January 14, 2011

219
42:8

Nixon

20:9

Nolan

136:15,17

nonattainmen

t

91:20

noncomplianc

e

133:13,14

155:8,16

noncompliant

137:16

nongovernmen

tal

7:21

nonpartisan

7:20 116:2

nonprofit

7:20 86:13

92:9 143:17

nonsmoker

156:10

nontobacco

135:19,25

North

3:4,6 20:20

21:5 22:11

26:3 28:17

31:12 43:10,

12,13,15

56:12 69:8

71:9,24

84:20,21 99:3

109:4 115:20

116:8 121:17

130:10 133:23

148:5 149:23

161:1

northwest

55:2

nose

16:18 49:3

89:11

noses

61:14

noted

20:22

notes

14:17 135:23

158:18

nothing

49:9 71:10

78:15 85:4

100:3 111:11

136:7

nothing's

93:18

notice

6:6 11:15

13:20 133:9

noticed

42:6 111:2

114:10

not-sonatural

155:15

November

48:22

nowhere

118:17 147:21

NOx

30:2 37:17

142:4

nuclear

104:24 105:5

number

11:8,16 15:7

21:20,22

27:15,19,25

55:18 85:14

88:16 106:13

115:5 142:3

numbers

11:14

numerous

9:22 61:19

84:9 85:2

104:5

nursery

91:5

nursing

152:3

nutrition

27:22

O

O

2:1

Obama's

107:2

obey

134:25

objective

52:18

objectively

53:19

obligation

33:18,25

37:23,24

observation

22:23

observed

21:24

obstacle

69:23

obstructioni

sm

10:2

obstructive

113:24 156:9

obtain

5:5 15:8

obtaining

20:19

obviously

144:9

occasions

151:7

occupational

152:3

occurred

42:20 114:2

occurring

99:6

occurs

65:15

ocean

44:3,4

Oceanic

106:6

o'clock

7:8 36:9

55:18 60:5

149:15 154:8,

9,20,21

odor

85:6

odors

70:10 85:3

146:17

offer

16:9

offers

144:12

office

3:3,5,7 7:22

19:19 23:25

24:17 25:5,9,

24 41:13

49:12 56:10,

16,20 100:7

107:16 148:4

150:2 154:19

160:23,25

161:1

officer

22:15 77:20

offices

79:18

official

5:15 31:23

154:2

officials

17:17 19:11

80:21 81:8

82:1,2 83:7

86:4 90:9

102:1 104:19

105:12,13

108:20 116:24

117:5 120:3

138:24 139:7

oh

36:10 60:3

62:5 101:14

134:11 154:8

oil

11:8 34:20

35:5,11 43:2,

25 44:3 46:21

63:3,9 73:15

77:22,24

109:8 117:10,

13,20,22,24

119:11 127:7

151:6 152:10,

13

oiled

53:16

Okay

31:4 34:9

41:6,16 46:17

50:13,18

52:10 55:15

57:7 58:24

95:4 101:11

120:6 126:23

129:1 135:4,

Hearing January 14, 2011

220
24 136:13,19

old

30:19 34:12

38:13 85:23

91:12 125:20

139:18

once

28:7 30:11

33:2 38:19

41:2 51:7

78:20 124:24

145:21

ones

132:21,22

O-N-K-E-N

13:4

open

3:18 54:16

55:19 120:11

150:9 153:21

154:8 157:21

160:19

operate

5:12 26:7

29:21

operating

17:2 115:16

operation

61:9

operations

29:19 47:14

opinion

145:8 156:3

opponents

27:19,25

opportunitie

s

14:25 121:5

144:12

opportunity

3:9,13,15

7:2,19 10:6,

18 16:8 19:2,

14,24 26:19

31:7 46:23

63:15 66:15

88:5 97:21

113:10 138:7

141:10 148:1

149:15,16

oppose

148:25

opposition

90:15

options

51:6

oral

5:13

orchards

68:14

order

6:17 29:10

30:14 52:19

57:15 58:13

72:9 103:2

134:22 138:2

orders

48:18

ordinances

129:1,9 151:3

organic

21:11

organization

7:21 32:15

79:19 106:4

122:17 143:18

organization

s

62:20 90:4

125:5 139:15

original

24:18

originally

4:5 57:18

66:19 130:16

Orleans

77:23

OSHA

44:10

outdated

18:16 29:4

107:8

outdoors

40:6

outlier

23:23

output

121:11

outreach

107:16

outside

39:14 69:18

70:8 149:5

151:5

over

9:19 14:13

15:18 17:7,8

23:1,19 24:19

29:12 33:8

34:5,21 39:23

42:23 43:14

44:9 54:23

59:18 75:16,

18 85:4,11

89:9 90:20

91:20 92:14

107:15,17

110:4 116:4

118:7 120:15

133:8 139:16

141:17 143:6,

7 146:9

149:10,20

157:9 159:2

overdue

13:9 29:11,22

overlook

117:5

overnight

40:21 55:4

overreach

96:16

overstepping

80:21

overtaken

8:24

overwhelm

66:2

overwhelming

24:2 49:6

owes

32:3

owners

125:5

oxygen

156:11

ozone

55:9 73:6

85:18 91:15,

17 113:18

114:11 126:13

ozoneforming

70:18

P

P

2:1

pad

81:23

pads

61:1

pains

49:4

pairs

6:5

palms

117:12

palpitations

49:4

panel

2:25 3:11

6:21 17:16

41:14 56:8

57:6 113:3

panelist

154:18

panelists

23:17

Pantego

133:21

parent

40:7

Parents

48:20 74:8

Park

56:12 125:6

Parker

85:24 118:7

parking

110:14

Parkland

114:7

parks

47:20

Parras

101:12,13,15

P-A-R-R-A-S

101:15

part

2:13 5:14

14:11 50:3

54:11 60:3

65:9,25 113:2

126:21 153:25

157:18 160:18

partial

4:11,12 10:19

12:14 24:8

Hearing January 14, 2011

221
48:9 89:7,8

160:11

partially

2:15,16

particular

21:21 36:20

67:10 100:21

114:9

particularly

37:24 109:4

144:18

particulate

125:10

particulates

73:6

parties

134:16

partisan

19:9 149:3

partner

83:8

partners

100:8

partnership

26:5 64:3

parts

21:1 48:23

85:11

party

17:22 79:19

Pasadena

79:14 102:14

Paso

67:3

Pass

67:4 91:18

100:4 126:22

passed

74:15

passing

47:4

patch

49:16

path

10:4 19:12

83:13

patience

7:5 143:21

patients

74:10

patriotic

62:25

pattern

33:19

patterns

43:15 126:16

pave

15:25

pay

124:1 158:15

paying

33:10 73:12

81:14 84:3

89:5 156:1

pays

54:6

PBR

129:14

peace

152:20

pecan

68:10,12,18

pecans

68:15

pediatric

149:7

penalties

139:23

pending

14:5

people

24:16 26:12

27:11 35:11

38:6,25 39:1,

5 45:11,13

46:2 47:2

52:3 55:19,23

59:10 60:6,7

61:10,11

62:13,21,22

65:4 67:7,16

68:7 69:15

73:8 74:5

76:25 77:2,6

79:11 80:24

84:3 88:12

90:18 93:14

94:12 98:9

100:10,17,

18,24 104:11

105:14 107:25

111:22

113:23,24

114:12 115:16

117:10 118:12

119:16 122:22

124:23 125:1,

8,20 128:4

131:22 132:4,

17,25 133:9,

10 135:22

136:2,5

137:11,12,13

139:20,23

142:14 143:23

149:6,8,9,

10,16 150:7

151:25 152:16

153:12,13

154:5,7

157:23 158:14

people's

33:20 61:22

87:6 140:1

perceive

61:7

percent

21:14 37:15

73:18 86:1,2

102:20 103:20

107:3 127:8,

9,10,11,15

131:14,16

136:1 157:10

percentage

64:19

perfect

40:18

perfectly

88:2

perform

16:3

performing

83:10

perilous

19:7

period

27:9 58:6,12

59:19,22

150:9,11

153:21 154:3

160:19

permanent

106:17

permit

8:11 9:8

13:16,18,24

18:5 24:8

58:23 82:6,

11,15 89:25

90:7 91:9,10,

16 112:22,25

123:3 133:15

141:22 142:21

143:1 144:8

160:13

permits

2:20 3:23,24

4:15,19 5:5

11:11,18,21

12:2,8 14:16,

19,20 15:3,8,

17 16:24

18:13 26:7

29:16 30:14

51:1 56:3

57:11,14,19

58:14 71:4

72:5 95:23

98:2 138:18

141:23

142:16,18,

19,21 143:8

155:9

permitted

67:13 89:25

142:16

permitting

2:11,13,18

3:2 4:3,6,22,

25 5:1 6:1

9:19 10:23

11:22,24 12:5

14:4,14 15:4,

23 16:2,10

17:24 25:12

28:25 29:23

30:6 39:23

51:13 58:2,6,

17,21 74:25

75:11 97:9

98:1 107:8

115:19 121:1

133:13,15

138:20 141:18

143:6 155:13

156:13

Perry

16:16 17:9,25

18:8 30:8

33:2,7,16,19

35:9 38:22

39:8 49:8

70:21,23

Hearing January 14, 2011

222
75:18 76:6,

10,22 81:13

94:2 96:11

97:10 107:7

108:3 117:19

122:1 126:17,

21 131:18

142:7 144:19

145:10,14

155:7,11,13

156:17 157:19

Perry's

32:18 33:14,

24 34:5 35:17

121:20 122:7

156:20 157:20

perseverance

138:25

person

45:24 48:15

59:16 80:16

93:16 108:8

132:14 135:14

137:15

personal

70:1 117:6

Personally

45:23 97:10

108:6 135:16

perspective

69:13 150:1

161:3

persuaded

117:17

pervasive

52:25 53:15

114:21

Peter

3:5 7:12,14

10:11 56:16

149:23 160:24

Peterson

94:18,20,21

95:2,3

petition

107:17

petro

142:25

petrochemica

l

11:9 67:19

petroleum

15:9,12 18:25

petty

77:19

Pflugerville

68:20

phase

68:22

phone

90:18

phonetic

68:17

phrase

140:8

phrased

57:20

physician

113:11 152:5

physicians

114:6

pick

74:9

picked

134:3 140:17

158:12

picture

41:2 128:8

piece

48:14 89:9

pieces

48:10

pine

43:12 99:24,

25

piney

99:1 131:8

pink

42:15

pipe

43:23,24

119:20

pipeline

102:9,10,18,

23 103:4

132:19

place

2:19 13:23,25

23:22 29:9

62:11 80:19

81:4 100:5

105:3 112:25

125:22

132:18,20

139:19 144:9

150:25 151:14

161:4

placed

15:1

places

85:17 87:3

108:17

placing

16:19 17:20

140:9

plague

62:14

plagued

60:23

plains

99:3

plan

2:19 4:6,13,

25 24:10 25:1

28:21 29:5

30:4 58:9

63:23 70:17,

21 107:9

132:18 160:12

plane

154:20

planet

52:5 114:25

118:24 119:1,

2,10 143:25

144:5 145:19

planned

67:12 109:13

159:16

planning

3:2,4 56:11,

17 85:21

128:21

159:15,24

160:25

plans

25:3 33:1

100:23

plant

15:15 37:12,

14,18 67:11,

13 68:8,11,23

87:14 88:23

89:24 90:8,

10,21,22

91:22 102:19,

25 103:4

129:20,24

132:18 142:25

plants

11:8,9,10

15:10,14,18,

22,24 16:3

29:21 32:23

33:8 37:17

45:25 69:10,

21,24 70:14,

16 71:4,7

77:4 92:10

93:2 98:2,10

107:10,21

119:5 125:13,

14 141:24

142:17,20

143:24 155:14

plant's

91:6

plate

103:24

play

90:2 107:1

128:11 140:16

149:5 155:17

played

27:23 90:3

playground

61:14

playing

11:25 29:20

40:6 47:7

68:25 123:22

128:14

plead

135:13

pleading

75:16 94:7

pleas

140:4

please

6:14,24 7:4

12:23 36:10

49:19 55:12

59:1 74:23

77:11 86:6

92:1 130:1

134:25 135:2

139:10 145:22

pleased

35:16 112:13

113:1,2

149:22 154:13

Hearing January 14, 2011

223
plus

57:12 90:12

pluses

132:10

pneumonia

135:18

pocket

54:7

pockets

52:24 54:6

poignant

156:6

point

12:21 24:18

39:21 46:7

76:13 92:23

109:3 119:18

135:5 141:12

155:25 160:8

pointing

128:19

points

27:14 64:9

160:1

poisoned

63:6 77:1

poisoning

62:21,22

63:10

poisonous

113:22

polar

43:8

policies

32:18 38:24

82:24 104:10

130:11

policy

32:11 73:23

74:4 76:19

77:10,12

111:15,22

124:22

political

18:2 19:5

23:8 26:21

32:10 39:20

49:9,10,12

52:25 54:6

77:15 80:25

87:8 103:23

104:8 116:1

117:6,7 122:8

123:18 149:2

politicians

79:20 135:6

politics

49:16 76:17,

18 81:12

pollutant

141:16

pollutants

4:8,24 8:5

9:13 11:3

24:14 30:2

37:6,10,15

38:20 45:12

47:17 51:4

57:11,25

58:3,19 73:21

113:18,23

125:10

pollute

23:1 72:5

111:23 118:4

polluted

22:12 35:4

45:5 55:11

108:17 114:17

130:23 156:17

polluter

32:18

polluters

33:17,23

44:25 45:2

84:11 86:7

137:20 140:10

155:22

polluting

18:25 82:8

123:4 132:19

144:8 156:15

159:20

pollution

7:24 8:12

11:20 13:11

16:14,15 17:1

18:13,21

22:7,18 23:10

29:10,18

30:12,14,25

32:22 33:8,

15,16,18

38:24 39:4,5,

9,17 40:19

41:15 42:7,

13,17 53:23

60:19 61:4,8

62:12 67:14

69:9 70:4,13,

18 71:9 72:8,

22,23 74:7,18

75:1 77:2

78:2,8,13

95:18,25 98:5

102:19

106:11,16,24

107:2,4,12,

20 111:17

115:11 119:3

121:3,23

122:10 125:9,

12 126:14,23

135:7 145:6

148:11,12,

14,17,22

151:12 156:4

pollutioninduced

72:18

ponder

105:10

poo-paw

152:17

poor

49:7 74:5,13

79:15 88:11

114:7 115:15

140:10,11

poorest

132:4

population

37:14 64:1

populations

64:10 142:1

Porcaro

85:9

porches

61:22

port

37:7,8 78:1,

20 79:6 90:13

102:14

portion

14:14

Portland

67:5

posed

21:10 73:15

position

8:22 14:7

148:23 155:16

positive

40:19 50:23

52:15 156:22

positives

88:16

possibilitie

s

66:11

possible

5:2 65:23

66:9 72:8,10

75:23 123:18

possibly

118:10

posturing

19:6 123:18

potent

47:13

potential

15:20 21:18

23:7 48:11

53:21 54:2,13

65:4 71:7

pounds

68:14

power

11:8 15:10,15

19:1 32:23

33:8 63:20,21

67:11 68:9

69:24 77:4

79:20 87:14

107:21 118:18

121:8,16

129:12 145:6

155:14

powered

105:5

powerful

84:25 110:23

111:3,9 129:8

powerless

54:17

powers

124:20

practical

70:13

practice

48:21 140:9

practices

Hearing January 14, 2011

224
48:19 51:18

132:6

Prairie

31:9

pray

131:23

prayer

41:2

praying

129:16

Precautionar

y

81:6

precautions

82:12,16

precedence

37:19,20

preconstruct

ion

56:3

predecessors

69:20

predictabili

ty

65:13

predictable

65:16

prefer

58:17

preference

4:21

pregnant

140:18

preliminary

127:13

prematurely

33:9

premiums

72:24 73:25

prepare

5:13

prepared

108:4 146:9

present

20:24 110:5

preserve

64:3

President

20:9 21:3

103:2 107:2

129:18

pressed

75:9

pressure

139:11

pressuring

93:19

pretty

28:6 61:3

97:9

prevent

66:3 82:7

prevented

133:12

prevention

2:14 10:20

20:21 86:15

156:4 160:10

previous

12:11 158:12,

17

previously

54:22

price

33:10 73:3

81:15 135:9

prides

18:9

primarily

86:16 116:20

primary

52:18 65:12

76:17 95:14

priorities

82:17

priority

82:15,16

139:6

private

73:3

privilege

135:2

probable

75:23

probably

45:11,23

92:20 102:21

115:6 124:13,

14 137:3

problem

39:9 45:12

58:18 84:20

86:3 115:4,

12,13 127:18

138:10 147:4

148:7 157:2

problems

15:5 22:16

24:24 54:24

115:15 129:21

138:14 151:10

152:21

probusiness

18:10 157:19

proceed

7:6 134:23

process

25:15 28:25

29:24,25

33:12 39:23

52:2 77:9

81:4 82:6,15

92:25 107:8

115:19 122:20

138:20 140:23

146:13 155:13

156:13

processes

118:19

processing

11:10

process's

82:11

produce

68:14 71:4

95:18

produced

71:6

producer

81:1

producers

135:7

produces

106:24

producing

121:3

production

68:12 84:22

85:7,10

117:23 119:5

productive

99:2,8

professor

20:22 113:14

profile

65:19

profit

52:19 53:12,

14,17 62:22

63:8 93:23

profitably

27:23

profits

52:24 54:3,7

82:11 117:14

profoundly

100:19

program

2:13,14,16,

22 4:7 5:25

9:8,20 10:13,

21,25 11:3,

22,24 12:4,

10,15 17:15

20:14,21

51:13 56:10

63:22 74:25

89:8 98:1

112:11 143:6

160:6,11,13

programs

12:11 16:10

38:16 63:19

progress

30:22 31:18

32:4

progressivel

y

21:5 115:21

Project

13:3 46:22

projects

4:20 14:22

15:1 30:7

56:18

prolong

139:7

prolonged

99:23

promote

25:10 95:16

158:24 159:13

promoting

117:21

promulgated

13:9

pronunciatio

Hearing January 14, 2011

225
n

138:1

propaganda

53:8,15,18

54:7

proper

26:5

properly

28:25 73:22

properties

92:18

property

49:14 109:15

proportion

65:18

proposal

2:12 3:17

5:8,13,16

10:7 24:13

57:1

proposals

28:19

propose

22:17

proposed

2:10,15 3:10,

12,20 9:4,6

10:22 13:12

37:12 44:21

45:25 46:15,

25 56:2,14,22

58:10 59:7

88:23 89:24

91:6 142:20,

24 160:9

proposes

2:18

prospects

68:9

prosperity

19:12 53:2,6

protect

8:8 18:20

20:12 23:5

25:18 26:6,8

28:23 29:2

30:19 31:1

33:20,25

35:17 36:1

45:21 46:11

51:12,14

52:16 53:1,14

62:11 64:3

65:3,21 66:22

68:4 80:23,24

86:6 87:6

88:15 89:10

92:2,4 95:9,

16,21 96:1,

11,17,20

108:2,24

109:6,7

118:12 121:4

122:11 127:3

131:16 141:13

143:22 145:22

148:10,21,24

158:23

protected

75:1 96:8

115:17 116:8

123:15

protecting

19:13 29:25

35:16 37:25

72:4 96:22

117:3 118:21

148:12 149:1

158:19 159:12

PROTECTION

1:10 2:5

31:11,18,19

39:22 56:2

58:2 96:20

98:6 115:18

134:8 139:17

protections

9:5,11,22

31:20 32:22

33:2,4

protector

120:2

proud

23:20 26:25

89:12 101:22

108:19 131:5

proved

70:15

proven

108:23 123:17

124:16

proves

49:11 76:12

provide

5:17 9:8,10

19:15 20:8

22:3 63:11

99:10 121:5

138:7

provides

2:17 63:17

providing

10:9 74:1

98:1

provisions

4:10 100:24

prowess

18:11

prudence

65:1

prudent

118:11

PS

11:2

PSD

2:15,17,20

4:6,11,13,25

5:25 6:1

10:21,25

11:3,18,24

12:4,9,11,15

13:14 14:14,

19 89:8

psychiatry

114:10

PUBLIC

1:11 2:4

3:10,13,14

5:9 7:10

17:12 18:20

19:13 26:9

28:16 29:2,25

30:10 36:18

37:25 40:1

41:8 51:10

52:16 53:3,4

54:2,7,9,15

55:25 56:24,

25 58:10,12

60:3 66:13

68:4 72:6

75:1 76:16,21

83:1 92:9

98:10 108:2

112:15 121:4

122:4,11

123:14 124:18

134:16 139:5

146:2 149:2

156:3 160:8,

18,19

public's

155:12

published

4:1 134:14

pulmonary

113:17,24,25

156:9

pumping

44:6

purple

42:15

purpose

56:25 57:2

58:11 117:12

pursuing

25:6 155:7

156:12

pursuit

95:12

pushing

115:5

put

2:18 6:23

14:6 28:4

29:9 30:20

40:1 49:16

62:11 72:14

73:16 80:19

81:25 86:21

88:9 107:23

117:11 129:24

132:12,18

139:19 150:21

puts

145:19

putting

16:19 30:9

38:20,22 48:2

61:2 131:22

148:18

PZ

128:25

Q

Quality

3:4 9:16 11:2

15:9 16:18

17:11 21:6,9

28:20 31:13

39:24 40:9

42:9,11 51:8

52:2,3 55:13

56:11,17

72:19 82:19

83:2,14

Hearing January 14, 2011

226
84:19,20

85:13,20 86:8

98:1 101:24

108:7 113:10,

12,21 114:8

115:15,20

117:9 118:8

122:4 138:12

139:4 157:3

159:12 160:25

quantify

73:1

question

82:18 83:6

120:13

questions

3:17 6:21

59:1 133:11

quick

27:25 28:1

quickly

5:1 79:19

94:14

quit

76:8 111:16

113:25

quite

18:14 27:24

quo

126:21

quote

36:3

R

R

2:1

race

8:24 44:7

49:10

radiation

114:21

radius

103:19

Railroad

76:9 117:8

118:8 127:16

129:11 133:9

rain

27:22 99:15,

17,19

rains

99:16

raise

22:7

raised

44:23 77:23

raising

107:12

Raj

3:3 56:10

149:22 160:24

rampant

130:25

range

49:2 73:19

118:10 126:25

127:2

ranging

106:13

rank

142:4

ranks

24:21

Rao

3:3 56:10

149:22 160:24

rap

126:20

rapidly

22:10

rashes

49:3

rate

120:14 127:15

rates

21:23,25 37:5

67:17 73:21

74:13 98:22

142:2

Rath

26:15,17,18

R-A-T-H

26:19

ratings

147:22

reach

62:6 105:10

reactions

152:4,5,6

read

5:22 59:11

62:9 115:10

134:2 157:21

158:16

reading

27:7 83:24

158:21 159:2

readings

84:24

ready

4:24 61:6

137:1

real

13:6 39:16

53:11 106:10

108:22 112:13

116:14 134:17

147:4 154:13

realisticall

y

51:6

reality

80:22

realization

98:20

realize

44:24 152:1

realized

130:11

realizes

52:22 103:7

realizing

8:16 76:7

really

3:14 23:22

26:22 34:6

36:4 38:4

45:7 46:10,14

58:11,19

61:9,17 68:3,

4 76:24,25

80:9,10 81:6

87:5,6,24

88:7 91:15

92:23 93:1

94:11 108:6,8

112:16

124:17,19

126:8 127:11

129:19 131:2

137:10 143:20

151:20

reaping

21:1

reason

22:6 93:18

98:19 114:24

119:13 133:14

136:8 145:16

reasonable

16:16,21 17:3

19:5 23:3,4

104:18 133:3

reasons

32:10,11 73:7

91:10 124:23

Rebecca

41:24 44:16

rebuffed

17:14

receive

5:20 16:24

29:16 30:13

received

33:22 44:10

Recess

41:9 55:21

112:8 154:10

160:4

reckless

47:14

recognized

13:8 20:10

58:8

recognizing

138:14

recommendati

ons

101:25

recommended

90:6 91:9

reconvene

55:18 60:5

112:5

record

5:15 22:14

23:21 49:22

50:3,11 55:17

57:7 59:4,6

60:12 106:8

121:11 146:3

153:25 155:11

160:18 161:17

recorded

85:11

recordsetting

18:10

recourse

Hearing January 14, 2011

227
81:11

recovery

23:9 64:12

127:12 135:8

146:18 152:25

153:1 157:11

recreational

ly

99:13

recycling

144:12

red

6:8,12 59:14,

19 114:11

161:9

redirect

57:5

redress

96:18

reduce

8:13 13:12

27:10 30:2

54:13 69:9

73:25 74:18

100:3 107:20

121:23

155:21,24

reduced

72:8

reducing

7:24 11:12

70:18 148:8

reduction

27:22 51:3,4

73:18 107:2

reductions

15:21 72:21,

22

reelection

49:11 157:20

referring

156:19

refineries

11:9 40:10,20

44:25 67:15

78:11

refinery

34:20 77:24

102:14 111:7

129:25 151:6

refrain

3:12 135:12

reframe

135:25

refugee

64:11,21,25

refugees

64:20,23

Refugio

67:4

refusal

30:21 33:24

100:22 121:20

refuse

70:20 107:7

120:3

refused

70:17 96:7

145:4,10

refuses

16:12 18:21

20:13 28:24

29:3,8 38:17

53:19

refusing

12:3 38:23

70:22

regard

51:10

regarding

2:11 100:24

regards

23:23

Region

2:25 41:15

56:6,9 75:12

97:18 102:20

103:10

110:10,11

112:11 121:19

regional

2:24 28:21

41:13 97:17

100:7 130:8,

13 150:2

160:23 161:3

Register

4:2 11:15

registered

6:13 7:4

59:24 84:24

131:17

registration

5:21 6:25 7:5

153:23

Registry

21:16

regret

34:16

regular

90:18

regulate

20:1 27:1,10

29:12 32:24

57:25 58:19

63:24 81:4

82:22 93:6

98:14 118:19

142:9 144:8

regulated

13:21 47:23

91:14 141:19

regulating

50:23 59:20

92:25 93:9

94:25 141:13

155:8

regulation

4:8 13:5

14:11 18:1

29:11 38:1

44:22 46:15

47:14 50:19

57:23 65:9,

14,15 67:23

83:14 129:5

133:3 134:23

142:23 143:3

155:6 157:17

regulations

10:1 11:4

17:7 28:1

34:2,5 46:25

56:14 60:21

61:7 72:11,12

73:9 78:10

81:20 82:3,10

83:3,9 92:16

101:4 129:7

131:16 134:9

139:22 145:11

150:24

regulators

118:17,18

157:9,15

regulatory

8:17 9:9 14:2

25:19,22 39:7

94:1 145:18

reign

123:5,7 135:7

rein

33:18

reins

109:1

reiterate

108:20

rejected

9:25

relate

16:15

related

22:18

release

48:11 71:7

93:4 119:20

released

21:12 42:21

47:12 48:10

117:23 121:12

152:25

releases

48:1

releasing

119:11

relent

17:19

relief

64:12,17

religious

63:18

relocate

147:21

reluctance

138:22

rely

51:9,11

remain

4:22 19:10

115:7

remarks

134:2

Remember

52:1 89:15

139:18

remind

12:22 35:9

reminded

95:10

remove

Hearing January 14, 2011

228
128:10

removing

108:15

renewable

15:13 40:17

renovation

16:24

reopen

128:1 154:6,

11

rep

127:16

repaired

41:3

repercussion

s

34:25

replacing

93:3

reply

72:13

report

49:2 64:14,15

73:16 86:8

121:12 140:2,

3,19

reported

78:15

reporter

6:16 56:24

59:2 71:17

77:16 161:16

reporting

17:24

represent

15:24 23:19

101:15 105:14

Representati

ve

19:18 23:18

27:11 28:11,

16 110:10

representati

ves

26:18 104:19

133:22

representing

89:1 143:16

148:3

represents

64:16 155:10

reproductive

34:24

republic

20:2 131:6

republican

17:22 18:4

19:4 76:17

republicans

122:22

request

84:16

require

14:18 16:3,22

75:1 81:6

96:5,7 106:23

required

13:7,11

17:17,18

70:16 100:20

132:16 142:20

157:13

requirement

13:18 16:15

17:2 29:19

requirements

8:11 16:22

17:23,25 18:6

20:14 51:25

81:3,4 109:23

requires

29:14 90:22

Research

56:11,12

77:12 128:18

researcher

27:7 72:23

reserves

78:1

resettlement

64:11

reside

28:15 97:24

104:15

resident

19:22 31:9

39:13 44:17

50:24 60:22

148:5 155:3

residential

125:6 151:3

residents

23:19 47:21

49:2 80:20

85:2

resistance

53:22

resists

81:3

resorted

83:3

resource

52:5 105:9

resources

8:2 9:20 38:6

63:5 73:5

99:1 100:9

104:8 118:11

123:15,22

129:9 131:24

132:5

respirator

126:5

respiratory

21:14 40:7

73:21 74:15

135:20 136:3

respond

59:5

responsibili

ties

5:1 8:6 41:12

75:17,21

responsibili

ty

18:15,19

20:3,11 51:2,

3 53:7 64:2

65:18 75:24

82:19 148:16,

21 157:25

responsible

23:4 31:23

44:9 51:17,23

54:5,13

Ressler

105:20,24,25

106:1

R-E-S-S-L-ER

106:1

rest

30:12 38:15

39:16 80:18

83:16 145:7

restrictions

90:25

rests

105:3

result

53:12 65:5

76:9 118:3

results

70:9 72:20

124:21

146:21,23

resume

41:7,17

resuming

41:10

retired

52:13 77:19

155:4

retrograde

25:21

return

41:12 78:6

116:2

returning

26:2

revenues

14:25

reverse

115:5 144:6

reversible

114:3

review

58:11

reviewed

59:6

reviews

24:13 157:8

revise

18:16 29:4

30:19 145:11

revising

107:8

revision

21:3

revolve

72:11

revolvingdoor

111:15,22

rewritten

130:19

rhetoric

Hearing January 14, 2011

229
18:2 49:13

rice

88:20

rich

99:4 105:9

Richardson

50:20

Rick

16:16 30:8

32:18 33:2,

19,24 49:8

75:18 76:6,

10,22 117:19

131:18 145:10

rid

42:16,17

102:5 137:20

ridicule

53:25

ridiculous

60:20 61:18

146:20

Riesel

67:1

rig

63:9 150:21

right

3:1 9:16 18:2

19:17 23:1

33:9 36:11,24

37:12 41:10

45:19,20

49:14 50:6

51:21 56:9

58:5,15 59:9,

12 60:7 69:22

76:19 80:11

82:18 83:15

84:1,3,14,21

86:22 87:2

88:9 93:20

95:12,16,23

96:12,13

97:11 105:19

112:22 115:16

116:10 118:16

123:5,17

125:14,24

128:17 129:6,

14 131:12,15,

21 132:1,8,12

135:9 153:5

rights

22:25 23:1,2

40:3 49:13,14

61:11 71:25

95:8,9,21

96:1,9,11,

14,16,21 97:9

rigs

117:24,25

ripe

119:3

ripped

120:21

rising

25:1 36:25

73:25 99:8

risk

16:20 17:21

21:13 24:23

30:10,24

38:23 48:3

69:8 71:24

75:5 117:15

145:19 148:18

risks

44:25 45:4

Rita

26:15 28:15

Rittenhouse

87:22 92:6,7,

8

River

91:7

RN

152:2

roads

128:1

Robert

105:20,25

Robinson

112:21,22

160:23

robust

16:3 53:14

Rockies

114:18

Rocky

130:22

Rogers

105:21 108:13

145:25 146:4,

6,7

rogue

142:8

role

76:15 107:1

rolling

47:1 50:7

Rollins

97:2,4,13

R-O-L-L-I-NS

97:5

Romley

72:20

room

12:24 47:3

73:13 135:21

156:6 160:17

rooms

74:8,15

root

22:17 148:7

rooting

35:13

routinely

20:6

Royce

110:3

rubber

123:4

ruined

39:3

rule

3:10,20 5:8,

20 9:6 11:19

13:13,15,17

14:17 58:10

101:2 123:15

ruled

8:5 141:15

155:5

rules

3:21 13:10,

15,23,24

14:10 15:21

18:16 24:8

29:23 30:19

47:25 51:12

56:3,22

57:10,20 59:7

70:22 87:16

90:2,3 133:2

134:13,21

138:17 145:11

150:23 155:18

ruling

17:15 58:14

run

144:11 149:15

151:14

running

94:13

runs

154:3

rural

88:11 98:24

150:25

Ryan

87:22 92:6,8

S

S

2:1 88:3

sabotage

76:5

sacrificed

109:19

sad

29:1 48:16

114:4 115:25

151:20

Sadly

33:3 157:12

safe

49:15 81:5

83:14 126:8

129:2 158:25

safeguards

31:1

safely

113:21 127:19

safer

7:23

safety

51:11 82:10,

13 108:24

117:4,5,15

128:20,23,24

139:5 147:14

Sal

52:11,12

salaries

124:1

sales

110:5

salt

99:12

Sam

Hearing January 14, 2011

230
88:4

Sambell

52:11 54:19,

20

sample

128:24

San

67:4 133:25

sanctions

139:23

Sanders

137:24 139:14

Sandra

150:4,15

sat

123:9 133:11

136:20 153:4

saturated

48:5

save

35:22 49:19

65:3 73:23,24

88:25 122:3

147:24

saving

97:7

savings

73:17

saw

34:25 78:6,9,

21

saying

49:16 92:21

125:18 129:10

145:17 159:9

says

123:4 128:25

132:23 157:16

scheduled

6:4 7:7 41:18

scheme

137:5

Schermbeck

71:19 75:4,5

S-C-H-E-R-MB-E-C-K

77:17

school

48:19 63:7,10

99:18 113:16

115:23 128:10

schools

47:20 61:13

science

8:8 26:20,24

38:17 53:20

54:1 65:24

76:19 77:10

89:4 93:13

158:20,21

159:4,18,19

sciencebased

51:10,25

scientific

27:8 32:11

43:21 70:7

103:22 106:9

115:1 141:1

scientist

45:5

scientists

51:9 53:24,25

92:17 116:1

scope

9:12

score

86:20

scored

85:12,19

screening

126:7

scripted

76:15

sea

36:25 99:8

seal

127:18

seat

27:21

seats

6:6 112:9

Second

20:17 57:1

60:3 71:16

91:2

second-guess

66:10

seconds

94:17

Secretary

103:6

section

2:13 112:23

151:18

sector

73:23

sectors

65:11 121:24

sediments

36:13

see

6:12 25:3

37:8,18 38:2,

4 43:8,10,11

45:3 50:17

54:21 55:6

60:8 68:22

76:4 78:17

82:15 94:24

102:7 113:10

114:22 115:25

116:9 122:21

126:6 130:20

136:5 141:19

158:1 159:1

seeing

34:17 42:20

127:22 128:4

140:18,22

seek

4:19 74:10

104:17 140:19

seeking

9:22 11:11,18

12:7

seen

40:5,9 42:5,

9,15,19 43:16

47:3 49:18

68:10 69:21

70:6 120:19

133:23,25

138:12 156:8

seeping

110:15 111:5

selected

121:17

selfreported

34:22

sell

91:1

selling

63:1,2,4

seminar

135:19

senators

28:11

send

156:4

sending

48:25

senior

135:23

sense

63:5 81:6

sensitive

113:18,23

sensitivitie

s

151:14

sent

83:24 133:9,

10

separate

147:6

separated

111:8

separately

48:14

September

134:13

series

3:21 6:6

13:10 36:13

57:9 76:4

serious

8:21 13:6

32:4 44:24

78:24 139:9

148:6

seriously

114:17

seriousness

92:8

serve

18:2 78:3

served

31:12

Service

64:18,21,25

66:13

Services

21:17 64:22,

25 101:16

Hearing January 14, 2011

231
Serving

78:1

session

25:2 60:6

112:4

set

16:4,22 64:16

66:4 81:4

107:2 115:6

126:6 151:4

setback

109:17

sets

67:23

setting

68:20

settlements

104:18

seven

97:19 109:12

116:6

seventh

24:21

sever

90:24

severe

24:23 66:4

114:12 120:20

136:16,19

severely

102:23

sewer

111:6

sewers

111:11

Shale

48:9 75:11

77:3 85:25

130:21

shape

69:22

share

24:11 36:19

51:2 98:11

161:20

sharing

137:22 160:1

Sharon

41:17,23

46:17,20

161:15,19

shed

54:1 133:23

sheet

5:21 6:2

153:19

she'll

150:8

shield

66:5 78:3

79:2

ship

39:1 67:12

78:7,12 79:16

103:20 125:13

shipping

43:10

shoot

88:19 127:11,

19

shoreline

37:2

short

41:7 100:3

110:1 112:2

137:10

shortened

106:17

shortening

55:11

shortfall

17:8 25:8

139:9

shortly

41:21,22

shortsighted

116:4

shoulders

54:8

show

47:2 73:2

80:13 101:19

102:16 160:3

showed

72:21 103:16

121:13 127:6,

14

showing

76:12 109:17

shown

21:5 43:14

shows

47:14 76:14

shrimpers

91:2

shrimping

91:3

shuffle

80:25

shut

137:15

shutting

93:2

sic

130:4

sick

26:11 142:2

153:13

side

79:21 129:22

sides

122:24

Sierra

10:14 12:8,13

26:25 67:6

103:12 104:21

sign

7:4 86:19

154:5,7

signal

6:10

signatures

107:17

signed

21:3 59:11

60:6,7 103:2

112:16 149:17

150:9 153:17

significant

2:14 10:20

20:19,21,24

86:25 98:3

160:10

significantl

y

107:19 157:12

silly

62:7 63:12

similarly

56:17

Simonson

19:18,21,22

S-I-M-O-N-SO-N

19:22

simple

17:3 39:7

107:6

simply

18:7 21:20

30:8 33:6

104:20 105:7,

12 125:3

simultaneous

ly

123:13

sincerely

7:18

singed

87:10

singeing

87:9

single

35:1 37:14

78:13 81:1

93:15,16,17

123:3 135:14

SIP

4:6,11,13

24:9,13 30:4

70:17

SIPs

144:20

sir

54:18

sisters

78:24

sit

84:21 91:18

site

81:23 110:12,

18

sited

74:12

sites

84:23 85:7,10

109:16 110:8

118:3 127:15

sitting

54:23 159:22

situation

19:7 39:21

80:6 102:22

111:20 135:14

153:10

Six

41:15 56:6,10

Hearing January 14, 2011

232
63:9 64:24

71:5,7 75:12

110:9,10,11

112:12 128:18

skip

22:1

skirt

37:18

skyrocketing

81:17

sleep

151:10

slip

154:18,22

Sliva

87:22,23 88:3

slogan

88:22 89:14

140:8

slow

144:5

slower

42:22

small

39:13 40:16

126:8 131:1

smaller

111:1

smell

151:5

smelled

70:10

smells

61:20

smog

33:16 86:14

106:15

smoggy

72:25

smoked

114:2

smokey

48:21

smoking

113:25

smoothing

9:7

SMU

20:23 127:5

sneaky

91:16

SO2

30:3

sobering

73:13

social

63:18 74:17

155:4 156:7

societal

28:3

Society

24:19 43:14

solar

15:14 68:9,21

121:12,13,

14,16

sold

61:10

solely

14:13

solicit

56:25 58:13

soliciting

56:1,2

solutions

8:13 22:17

solve

10:3

solving

106:22

somebody

31:22 35:1,15

44:4 63:7

117:2 119:11

someplace

112:6

somewhat

133:22

somewhere

118:25

son

81:22 128:8,

14,17 129:21

soon

6:4 15:7,17

114:20 150:10

soot

55:7

sordid

75:25

sorely

109:1

sorry

36:10 47:5

131:19

sort

59:19 124:21

132:12 146:8

sought

134:12

sound

26:20,22

93:13,14 94:5

sounds

140:2

source

15:12 40:17

48:13 152:12

sources

3:25 4:23

8:12 9:14

12:1,7 14:18,

21 17:5 18:24

48:5 57:14

58:4,22 71:9,

23 73:19,20

105:1 106:12

107:21 109:3,

9 122:1,10

134:10

South

97:18 109:5

124:7 125:3,

5,19

Southland

111:2,9

southwest

54:20 55:1

Southwestern

113:16

SOx

142:4

spacecraft

132:9

spaces

120:12

span

106:17

speak

6:10,11,14

12:23 19:24

28:16 32:17

44:21 55:19

59:20,24

67:10 92:13

102:1 104:12

120:15 127:25

131:3 139:16

141:10 146:5

148:2 150:1,

8,14 154:5

speaker

112:15 113:5

149:14,17

150:4,10

158:5,12,17

speakers

6:4 12:23

19:17 112:14,

18 130:4

137:23 141:5

145:25 153:17

154:12 160:3

161:15

speaking

6:9 10:15

22:22 45:17

50:19 124:6,8

special

40:1 93:19

species

88:17

specific

3:16 87:14

specifically

4:3 5:25 11:1

23:21 37:11

76:17 81:14

specifics

27:12

specs

55:13

spell

71:16 141:6

161:16

spelled

77:17 83:20

86:11 96:25

106:1 137:24

spelling

6:17

Spending

72:19,21

spent

53:24 72:17

108:11

spew

20:23

Hearing January 14, 2011

233
spewed

109:8

spider

140:15

spill

62:16

spite

84:16

spoke

154:1

spoken

108:21

spokepersons

155:25

spokesperson

89:3

spot

121:25

spots

74:18 79:3

spray

26:10

spraying

61:24

spurious

119:23

Spurling's

85:17

squandered

131:11

square

55:3

Sri

120:16

stability

65:7,13

stack

29:21

staff

6:25 103:25

112:23 122:17

143:11,14

staggering

135:16

stairwell

106:16

stake

7:24 98:20

139:11

stall

82:7

Stallion

87:14 88:24

90:16 91:8,25

92:7,11

142:16,19

143:8

stamps

123:4

stand

17:21 35:15

92:3 123:23

131:15

standard

73:14

Standards

3:4 17:18

20:11,20

56:11,17

62:5,6 67:24,

25 68:2,24

83:8 91:15

107:20 153:12

159:11 160:25

standing

45:18 87:8

stands

103:6

Star

10:14 12:8,13

23:21 26:25

start

20:22 26:10

34:2 43:25

114:20 144:10

161:6,12

started

2:3 7:12 48:4

55:23 112:7,

10

starting

4:16

starts

61:3

starve

53:11

state

4:5,7,18,21,

25 6:1,14 8:3

9:5 11:1,5,18

12:12 14:25

16:12 17:8,20

18:9,15,21

19:2 20:13,17

21:17,23,25

22:24 23:6,

18,21 24:24

25:2,8,9,12,

21,25 27:2

28:21,24

29:3,4,8 30:5

31:1 32:9,23

33:3,5,10

35:4 37:5,24

39:25 40:13,

23 45:8 46:10

51:1,17 55:12

57:18,19 58:9

62:10,20

66:25 67:6,21

69:15,21,24

72:2,3 74:22,

25 75:13,15,

17,20 77:10

79:18 81:2,7

84:15 86:3

87:5,9 95:6,

18,20 96:3,5,

7,10,17,19,

23 97:12

99:21,23

100:8,17,19

101:23 103:6

104:1,18,19,

25 105:8,13,

14 106:25

107:8 108:11,

20 109:2

116:7,22

117:15,20

118:16,20,21

120:3,23

121:8,14

129:7,11

130:12 134:7,

12,20 138:23

139:4,6,8

143:18,19,23

144:4,20

145:1,3

146:14 147:9,

11 148:9

150:24 151:1

155:17,19,

21,23 156:14

157:3,8,15

160:12

stated

95:11

statement

104:17 108:4

126:2 146:2

statements

104:23

States

8:14 11:23

12:6 13:16,

20,23 14:1,3

15:2 16:1

17:15 18:19

19:4 20:5

22:14 30:16,

18,21 32:25

37:8 43:16

45:9 46:12

49:13 56:7

65:16 74:4

95:22 96:16

97:19 98:18

100:2,22

105:1 110:9

120:25 148:21

155:18,20

156:17 158:10

state's

4:16 10:23

14:9 19:1,7

22:25 25:25

30:15 38:17

39:20 40:2

69:14 75:7

76:18 95:8

98:15,24

100:21

states'

9:15

statewide

63:17 106:3

120:10 122:16

station

137:16

stationary

39:19 71:9,23

107:21 134:10

stations

61:2 117:25

statistics

79:10 108:16

stats

27:12

status

126:21

staunch

Hearing January 14, 2011

234
33:23

stay

10:1 17:18

84:17 128:11

134:8,12,20

135:10,18

161:7

stayed

115:25 131:17

stays

49:1

steadfast

19:10

steadily

21:6

steady

38:1

Steering

28:17

step

11:21 18:3

23:11,13

29:2,4 32:9

34:8 39:23

50:25 71:14

72:7 77:7

80:17 98:7

101:2,3

103:24 116:9,

10 118:11

141:18

142:10,15

143:7

stepfather

113:14 115:13

stepped

28:23 82:18

96:20

stepping

39:9 97:8

108:15 143:22

steppingston

e

111:18

steps

39:7 50:23

52:15 66:22

82:5 156:22

steroids

136:22

stick

43:23,24

141:13

stock

70:24 106:21

117:9

stocks

63:4

stop

6:12 25:17,18

49:17 61:24

62:21 73:8

77:11 105:11

145:15

stopped

50:9 152:22

storage

61:3

stories

48:16 156:7

Storm

78:4 79:3

storms

99:14

story

85:4 105:6

straight

146:8

straighten

63:13

straightenin

g

62:19

strain

19:7

strategy

77:11 105:4

street

128:4,12

129:22,23

132:8 150:22

strength

65:7

stress

107:22

stretched

134:18

strict

153:12

stricter

151:3

stringent

17:17,18

109:23

striving

52:1

strong

7:24 52:25

53:16 61:23

133:2 159:20

stronger

8:1 22:8

53:17 99:14

159:14

strongly

9:3,14 10:7

63:23 97:25

struggle

52:22 147:16

156:8

struggling

39:6 74:9

128:1

stuck

147:25

student

44:18 45:6

studied

110:19,20

159:18

studies

22:18 102:16

103:12,13,

14,18,21

104:5

study

21:20 62:9,10

70:7,9 72:19

73:1,5 103:16

118:12,13,14

127:6

studying

126:5 127:4

stuff

43:7 44:2,5

55:7 94:7

110:21

stupid

55:14

subject

4:8 11:4

57:22 141:17

158:15,20

subjected

151:24

subjecting

18:9

submit

59:1 60:12

submitting

6:3 12:18

subsidized

74:5

substance

40:11

substantial

72:21

success

52:17 54:14

successfully

30:1

suck

81:24

suddenly

13:19

suffer

72:25 85:24

suffered

67:16

suffering

36:13 114:12

125:8,11

149:7,8,9

sufficient

144:16

suffocated

121:25

suing

84:2 96:13

126:22

summary

156:12

summer

48:10 114:10,

15 127:7

summers

120:20

SunPower

121:15

super-duper

137:5

superfund

110:7,12,17

supervisor

78:5

supply

110:16,22

Hearing January 14, 2011

235
support

19:25 22:5

24:6,8,9 26:6

27:1,2 31:11

32:7,12 33:23

44:11,14,21

45:18 46:14,

25 60:18

64:19,22

80:13 83:12

89:7 90:15

98:17 99:12

104:9 108:1

109:22 138:15

145:21 148:23

supporters

97:23

supportive

63:23 87:18

supports

9:3,14 10:7

12:14 97:25

100:10

suppose

22:6

supposed

15:16

supposedly

78:10

suppressed

119:7

Supreme

8:7 13:8 25:6

93:8 135:1

155:5

sure

6:24 36:14

49:25 55:17

57:7 58:20

60:14 72:7

105:25

123:12,14

134:18 135:11

141:8 142:18,

19 144:20

150:12

surface

119:9

surprise

70:23

surprised

93:17 101:14,

17

surrogate

47:16

surrounded

40:16 110:9

surrounding

56:7 85:16,19

156:16

survey

85:21

survive

39:6

Susan

97:3,16

suspect

55:7

sustainable

31:24 51:22

sustainably

32:1

swales

43:9

Sweetwater

15:16

swift

98:4

swim

43:9

switch

114:23

switched

112:13

symptom

151:13

symptoms

152:1,17

system

6:7,8 42:19

96:12

systematic

48:1

systems

17:4 118:2

127:12 135:8

157:11

system-wide

22:16

T

T.E.J.A.S

101:15

table

5:21 6:25

7:5,13 26:16

119:22 127:6

144:21

153:20,24

tactics

156:3

Taft

39:13 67:4

tailoring

13:15 101:2

take

5:1 14:13

15:22 20:3

22:9 23:4

35:15 39:6,23

40:21,25 41:7

43:3 46:3,4

52:7 57:21

75:16,17

77:8,12 80:1

81:20 98:7,19

102:5 104:20

110:1 112:9

118:6,14,15

124:13,21

129:11 135:1

142:11 143:6,

7 149:14

154:7 157:14,

25

taken

8:7 41:9 45:3

52:16 55:21

58:7 79:21

92:22 93:12

98:21 109:1

112:8 146:19

154:10 156:22

160:4

takes

15:21 18:15

46:4 136:16,

17 146:20,21

taking

5:24 28:8

50:23 66:21

71:14 89:8

97:9 101:22

111:6 112:25

116:13 118:11

124:15 132:5

136:22 141:17

142:10 143:21

161:4

talented

136:14

talk

26:19 36:21,

22 57:1 63:8

68:6 115:10

119:16 122:19

133:8

talked

133:11

talking

47:10 56:14

57:9 83:3

92:24 93:1,10

119:8 123:6

136:2 140:14

talks

126:12 134:4

Tammy

83:17,19

tank

111:5 156:11

tanks

61:3 106:21

127:7,8

152:25

tap

152:25

target

73:18

Tarrant

26:23 55:9

85:24

taste

94:22

taught

151:21

tax

14:25 31:24

49:8

tax-payer

17:11

taxpayers

74:16 139:8

TCEQ

4:25 5:3

12:9,10 17:10

25:13,16 26:5

48:18,23

61:25 69:20

70:2,12,17

71:12 76:9

82:20,23 83:8

85:3,6 89:9,

Hearing January 14, 2011

236
20,25 93:6

94:24 97:8

107:7 108:3,

16,23 122:9,

23 123:25

126:5 133:7

137:11,18

142:7 144:17

146:14,16

147:8 152:9

TCEQ's

11:19 61:19

tea

49:18

teacher

45:7

teaching

114:6

tearing

43:25

technical

56:13 76:19

technologies

121:22 159:21

technology

8:23 16:2

17:1 29:18

51:18,23

91:12 95:24,

25 96:2,6,8

127:13 144:10

159:17

tedious

139:18

teens

34:18

teeth

110:24

Tejada

83:18 86:10,

11

T-E-J-A-D-A

86:11

tell

28:1 36:16

44:5 61:12

69:12 70:9

87:19 103:18

105:20

telling

22:4 62:20

128:21 159:1

tells

137:17

temperatures

25:1 120:18

temporarily

134:20 154:4

160:2

temporary

132:20

ten

31:12 100:6

132:23

Tenaska

15:14 87:15

142:17,19

143:8

ten-minute

105:23 112:6

terms

31:18 32:2

59:7 94:10

115:9

terrible

140:9

territory

56:8

test

50:18 109:15

127:14

Testa

77:18 80:7,8

T-E-S-T-A

80:9

tested

146:25

testify

7:3,19 10:6

63:15 66:15

testimony

3:19 6:18,20

19:15 22:2,23

41:8 90:5

98:13 116:15

143:22

154:13,14

160:15,17

testing

48:18

Texan

38:14 45:6

89:12 108:18

131:5,6

Texans

7:23 14:24

17:10 25:11,

18 30:11 34:1

40:4 66:25

67:20 69:4

77:14 83:5

84:7 89:22

98:23 100:11

106:18

107:10,14

109:18 122:20

Texan's

16:20

Texans'

31:1

Texas

2:11,21 4:3,

5,7,11,12,

18,22 5:4 6:1

7:22,23 8:1,

22 9:5,7,8,

10,18,20

10:3,14,16,

20,24,25

11:1,5,6,17,

22 12:3,5,16

14:1,3,6,8,

11,14,15,16,

18,19,21,23,

24 15:1,4,5,

8,16,24 16:7,

9,12,16,17,

19 17:6,16,19

18:12,15,18,

22 19:10,11,

23 20:1,13,

18,20 21:16,

17 22:5,11,

24,25 23:6

24:7,21,22

25:19 26:3,6,

23 28:9,15,

17,23 29:7

30:9,20,24,

25 31:13

32:9,17 33:4,

15,17,19

34:1,4,19

35:10 36:2

38:19,22,24

39:3,13,17,

24 42:2,17

43:17 44:18,

23 45:15

46:10,21,24

47:25 48:7,16

49:16,19

50:20,24

51:15 52:16,

22 53:1,15,21

54:10,14,17

55:11 56:7,15

57:18,21,23

58:4,17

60:17,20

62:10,20

63:11,16,18,

20,24 64:9

65:11,17

66:8,20,22

67:13,18

68:20 69:3,8

70:24 71:2,9,

13,21,24 72:2

75:17 76:12,

21 77:24

78:11 79:6,

12,13,14,22

80:5,17,20

81:10 82:1,4,

14,19,21

83:13,15

84:1,5,14,

20,21 85:12

86:4,6,7,21,

22 87:2,16,18

88:8 89:14,

18,19,20

91:3,21,23,

24 93:5

94:21,22

95:7,10,16,

17,22 96:1,4,

9,14,21 97:5,

19,24 98:17,

21 99:1,2,3,

7,24 100:4,7,

16,17,25

101:16,23

104:15,25

105:8,15

106:2,3,20,

21,24,25

107:17,18,

22,25 108:5,

8,14,16

109:2,4,5,14

110:3,9

113:15 114:16

115:20 116:8

117:8,9,16

118:7,8

120:10,19

121:8,9,13,

Hearing January 14, 2011

237
17 122:2,6,

10,15 123:20

124:15,17

129:25

130:10,21

131:7,17

132:2,7

133:21,23

134:7,17,21,

25 136:12

137:4,15

138:16,21

141:14,18,22

142:2,7,11

143:7,16,18

144:14 145:2,

18 146:7

147:10,19,

22,23 148:5,

11,18 149:6

150:16,17,24

151:1 155:3,

16 156:14,16

157:3,5,7,

10,15,16,21,

22,24

Texas'

11:2,18 51:13

63:21 122:11

Texaselected

135:6

Texas's

2:13 9:25

30:6,13 39:19

97:25 106:13

160:12

text

6:23

thank

2:4,8 7:9,18,

19 10:5,10,

11,18 12:19,

20 16:5,8

19:14,16,23

23:15 24:3

26:12,14,19,

20 28:7,13

31:3,6 34:8

36:8 38:6,7

39:9,10,15

41:5,8 44:14,

15,20 46:14,

16,23,24

49:20 50:22

52:9,10,15

55:14,16,20,

24 60:11

63:13,14

66:13,15,20,

21 69:2,4,5

70:23 71:13,

14 75:3,6

77:15 80:6,16

83:22 86:9,16

87:21 88:5,6

89:8 92:5,12

94:15,17,23

95:4 96:22,23

97:2,6,12,

13,21 101:3,

7,8,11 104:8,

11 105:15,16,

21 108:12,14

109:23 112:1

116:12,13

119:25 120:3,

4 122:6,13,24

123:1,24,25

124:2,3,9,

10,14 125:25

126:1 130:2

133:16,17,18

134:10,11

137:7,8

138:6,13,16,

20 139:10,12,

13 141:3,10

143:9 145:21,

23 148:1

149:12,13

150:13

153:14,16

155:2 156:21,

23,24 158:2,

3,4 159:25

160:14,16,21

Thankfully

120:24

Thanks

38:12 83:16

87:20 94:24

97:7,14

104:16 137:22

themselves

117:24

therapist

135:20 136:3

thereabouts

41:11

thereafter

15:17

Therefore

71:6 95:15

148:19

155:17,22

thicker

42:7

thin

13:20

thing

34:21 40:19

41:18 49:11

60:4 87:5

97:11 114:21

115:5 130:20

137:10,20

140:13 141:8

142:14 151:24

153:3

things

20:7 27:17,24

28:3 34:15

36:17 43:11

54:9 60:12

61:5,21 62:11

68:3 87:1,15

88:14 98:11

100:15 102:7,

9 111:1

115:10 118:1

119:7 123:11

133:1 151:20

159:19

think

5:22 12:6

32:2,5,7,9

35:13 36:4,5,

6 41:2 44:11,

13 46:18

55:23 60:4,7

62:5 67:25

73:10 76:12

86:20 89:18

94:16,24

103:23 104:17

105:2,3,7,23

109:25 112:3

114:12,19

116:5 123:15

124:16,18,

20,25 125:1

129:17

131:12,18

146:15 149:11

154:19 156:18

158:13 160:15

thinking

65:3 92:14

115:8 136:20

thinks

145:12

third

121:14,16

134:16

thought

62:9 80:10,11

129:25 136:6,

20

thoughts

16:9 39:16

thousand

81:23

thousands

40:4 66:25

68:10 74:7,22

84:5 122:20

threat

20:25 21:10

threaten

99:8

threatened

88:23

threatening

17:11 90:21

threatens

7:25 101:5

threats

23:7 83:3

117:18

three

15:14 17:15

21:18 27:13,

25 59:17 71:4

81:25 110:21

125:7 136:25

152:8 154:12

161:8

throughout

7:1 64:7

65:22 78:14

104:4

thrown

129:13

thumb

16:18 89:11

thyroid

21:19,23,24

ticking

Hearing January 14, 2011

238
43:5,6

tied

77:14 106:7

tightened

129:14

till

154:17

time

5:2,7 6:19

9:18,24 10:1

13:22 18:24

21:1 23:15

31:14 34:5

35:15 39:8,10

40:23 43:4

45:4 58:5

59:20,22

65:12 75:18

81:9 86:25

94:13 96:3,6

98:4 100:10

102:2 104:11,

12 105:15

106:22 108:3,

9,11,23

110:16,25

112:3,5

116:13 119:2,

16 122:8

125:25

129:17,19

134:25 135:3

140:20

146:20,21,23

154:6 158:15

160:2

time-keeping

6:7,8

timely

54:25

times

34:21 42:20

47:12 49:18

57:16 61:20

64:24 124:25

131:20 133:25

136:18 151:9

time-tested

8:10

timing

105:22

tired

25:8 26:11

35:1,2,3

76:24 124:18

tissue

55:5

Title

13:15

TLCV

18:23 19:8

today

2:9 3:1,6,20

5:9 7:19 8:10

13:17 14:7

16:9,11 19:15

23:20 28:16

30:23 32:14

33:14 34:7

38:12 40:25

42:25 45:22

46:4 52:4

60:18 66:21

69:12 75:23

76:12 80:3,

12,13 83:23

85:13 86:16

87:19 92:12,

13,15 93:15

97:22 98:9,13

99:12 101:19

106:23 108:21

119:9,25

124:9,10,25

128:3,5,7,9

130:3 132:24

134:2 138:7,

14 140:14

141:11 142:13

143:21 146:13

153:24 154:25

156:7

today's

2:4 5:12 6:16

76:3 134:21

together

9:2 10:2

20:18 43:2

83:12

told

51:7 57:23

70:3,12

110:18 111:9

127:17 150:20

tolerance

127:11

tolerances

127:20

Tom

41:14,16 56:9

112:10 160:5,

22

ton

71:5,6

tons

15:18,25

71:5,8

tooth

102:11

top

62:10,24

121:14

tops

43:25

totally

87:25 156:10

touch

150:11

toward

18:22 83:13

towards

71:14 108:9

town

21:15 39:13

40:16 77:24

114:5 129:25

146:11,17

147:18

towns

66:25 67:6

toxiates

34:24

toxic

33:14 47:18

48:11,23

53:20 55:7,8

62:3,16,17

67:19 95:18

110:13 151:22

153:2 155:9

157:4

toxicology

151:21

toxics

109:7

toxins

28:4 124:19

140:18

traded

81:13

trade-off

63:11

traffic

132:14

Trailblazer

15:15

trample

49:14

TransCanada

102:9

transcript

5:14 6:22

59:2

transcripts

154:23

transition

9:7 67:22

transparency

74:25

transportati

on

130:15

transported

110:6

TransTexas

130:17

trapped

119:14 126:12

traveled

158:10

traveling

149:24

Treasurer

31:5,8

treat

84:8

treating

74:14

trees

43:12 68:10,

13 119:5

trends

149:11

Triangle

56:11,12

77:12

tried

61:11 152:5

trigger

126:9

triggers

22:12

Hearing January 14, 2011

239
trivialize

53:25

tropical

43:16

troubleshoot

22:16

trucking

73:15

true

53:6 99:17

125:3

truly

46:8 108:25

131:23

trust

72:6

truth

76:6 81:7

try

47:6 59:22

60:21 76:5

trying

33:13,17 44:5

55:6 58:19

63:12 69:20

75:13 76:5

77:6 127:3

138:21 161:5

tunnels

44:2

turn

6:14 29:24

34:5 83:5

96:18 99:23

118:17 150:13

turnout

112:14

Twenty-five

17:22

twice

15:12 21:17

136:17

two

3:24 4:1 6:6,

11 19:17

27:19 37:13

43:2 44:4

46:18 52:10

57:25 59:12,

17 71:15 90:5

98:23 110:19,

20 112:18

113:19 128:6,

15 132:25

137:23 141:5

145:25 150:22

154:14 161:8,

14

two-mile

103:19

twos

59:11

Tyler

67:2

type

20:6 21:21

79:8

U

U.S

1:10 2:5

8:22,24 14:2

18:4 28:10

64:20 71:3,23

77:20,25 78:6

81:2 106:19

108:17 155:5

ultimate

82:12

ultimately

18:24

unabated

99:6

unable

79:4 113:20

149:4

unanimously

9:25

unaware

87:25

unbelievable

85:20

unborn

140:21

uncertainty

25:19 139:7

unchecked

106:12

unclear

82:24

Under

4:9 8:5,6

13:21 14:12

15:21,22

24:10 26:7

31:2 37:18

44:3,4 48:17

55:12 72:5

75:21 118:18

119:9,14

127:6 141:17

undergoing

16:24

understand

46:3,9 48:2

62:22 64:5

65:3,7 66:9

68:1 122:23

136:6 151:19

157:18 162:11

understood

92:17,19

162:15

unfair

12:6

unfairly

52:24

unfortunate

39:20

Unfortunatel

y

23:5,22 32:10

82:20 116:23

142:10

unhabitable

114:25

unhealthy

84:9 116:20

Unified

124:7 125:3

uniform

65:16

uniformity

65:13

uniformly

151:2

unilateral

104:20

uninsured

74:10,14

union

16:12 29:8

75:14 145:4

Union's

73:17

unit

15:11 135:15

United

20:5 22:14

37:8 43:16

45:9 74:4

100:2 105:1

158:10

University

44:18 109:14

113:15 126:11

137:3 150:17

159:4

unlawful

134:14

unleash

9:9

unless

15:21 58:22

unlike

14:3

unlikely

89:3

unnecessary

18:1

unpatriotic

93:22

unresponsive

82:23

unsafe

116:21 144:17

146:12

unsustainabl

e

122:1

unwilling

23:7

unwillingnes

s

11:19

updated

30:4

upgrades

82:10

uphold

142:6,8,15,

23

upper

43:3

upsetting

99:11

up-to-date

107:11

Hearing January 14, 2011

240
urban

30:24 99:15

116:21 127:20

urge

15:6 25:18

98:11

urgent

10:3 55:1

urging

25:2,17

141:12

use

55:14 84:4

91:11,17

119:23 135:3

147:10

usual

74:22

usually

27:16

UTMB

103:13

V

V

88:4

Vajda

83:18,19

V-A-J-D-A

83:21

Valero

102:15,18,24

valid

26:7 51:19

Valley

43:17

value

65:1 147:17

values

19:9,10 162:1

vapor

23:9 48:24

127:12 135:8

146:18 153:1

157:11

various

5:23

vehicle

69:23

vehicles

40:10

venture

52:18

verbal

153:24

versus

13:8 37:21

93:8 96:16

veteran

27:4

via

53:8 136:18

victim

99:25

victims

48:17

Victor

88:4

Victoria

67:5

video

47:1,7,14

49:22

videos

129:3

viewpoint

27:18

vigorous

23:13

violate

153:5

violating

40:2

violation

91:21 152:9,

23

violations

75:10

Virginia

19:22 131:7

vision

100:20

visits

73:13

vital

9:9 54:11

vitally

65:8

Viven

68:17

vociferous

95:7

VOCs

30:2 48:23

127:8

voice

19:25 36:12

63:17 69:10

voices

112:12

volatile

21:10

volcanic

42:21

volumes

9:13

voluntarily

82:9

vote

122:21,22

124:23 131:14

voted

131:17

Voters

16:8 18:18

19:11 131:14,

17

voting

28:18

vulnerable

74:1 116:11

132:15,17

142:1 156:5

W

Waco

67:1

wait

41:23 115:14

154:17

waiting

94:9 103:22

135:3

walk

80:1

Walker

21:4

walking

131:8

Wall

60:10,16,17

W-A-L-L

60:17

want

3:14,19 7:9

10:16 11:12

12:22 18:7

19:25 22:5,22

24:6,11,17

25:12 28:7

36:16 38:18

50:22 55:19,

24 59:23

66:5,20,21

67:10 68:6,22

69:2 75:6

83:22 84:6,18

88:19 93:14

94:5,23 96:3

97:6,14 98:13

99:4 100:11

107:21 108:6

118:12

122:24,25

123:24 124:9,

10,23 125:23

127:1 141:12

142:14,15,18

143:4 145:8,9

147:23 150:7,

12 151:9

154:12 156:21

157:24

158:11,16

wanted

31:10 44:20

46:14 50:17

102:8 115:12

136:9 161:20

wants

25:22 117:13

157:19

war

19:12 78:3,4

wards

114:7

warming

7:24 25:5

47:9,11 57:13

75:9 98:5

100:14,21

106:10,12,

22,24 107:4,

20 115:2,4

140:25 144:3,

6

warned

69:17

warrant

126:17

Hearing January 14, 2011

241
Washington

3:8 18:1

19:20 56:20

149:25 150:3

154:20

wasn't

61:6 114:2

waste

84:19 110:7,

13

wasteful

14:9

wasting

17:11 49:8

107:12

watch

49:17

watch-dog

130:9

watched

40:7

watching

129:4 130:14

158:20

water

20:11 28:4

34:24 35:3,23

37:8 43:23

72:6 78:7

88:21 90:22,

24 99:11,12

100:9,15

110:16,22

111:5,7,10

118:5,9

119:22 120:11

123:22 140:15

152:24,25

158:25 159:5,

12

Waterman

31:5 32:13,14

waters

99:2

wave

87:24

way

15:25 33:17

34:3 42:13

51:17 52:2

57:20 59:19

65:16 69:1

70:3 93:22

94:8,10 98:24

100:9 104:3

115:11 117:13

125:19 129:13

130:17 133:4

135:11 137:7

139:3 146:12

160:24

ways

51:14 52:1

106:13 127:19

144:14 153:20

weaken

148:25

weaknesses

91:11

weasel

33:17

weather

120:19 126:16

web

140:15

webmaster

116:17

Wednesday

84:17

week

35:1 106:5

114:4 122:19

134:7,22

136:3

weeks

2:12 90:5

114:19

week's

17:15

weight

23:1

welcome

19:19 23:12

62:18 109:22

133:22 144:21

welfare

35:7 52:16,17

53:21 156:23

157:25

we'll

2:3 41:7,10,

22,24 55:16,

17 59:10

60:4,8,14

62:1 71:15

76:4 105:23

110:1 112:6,

10 113:5

141:19 146:2

149:14 154:5,

6 160:7

well-being

34:1 65:8

72:4 76:21

welling

109:14

well-known

118:2

wells

21:13 31:5,6,

7 48:7 60:24

61:2,13,17,

23 81:24

109:12 118:5,

9 132:12

152:24 157:4,

10

W-E-L-L-S

31:7

well-versed

45:11

went

68:11 70:14

99:18 126:19,

20 138:17

147:18 152:7

159:3

we're

2:9 3:20 5:9,

15,18,19

23:23 24:23

25:3 35:13,

20,21 38:3

41:6,14,16

42:19 43:20

51:1,5 54:12,

24 56:1,14

57:2,8 58:19,

25 59:8,15

62:6 63:4,19,

23 67:21

73:12 75:15

77:6 80:5

81:1 85:1

87:10,13

88:8,10,11,

12,16 90:18,

25 92:10,24

93:1 94:6,8,

11,13,14

102:11

112:13,25

114:24 116:10

118:23 119:8,

13 122:16

123:6,12,13,

16 124:12,18,

19 125:11

128:22,24

129:6,15,16

136:5,21

139:20

140:14,22

147:11,16,24

149:18,19

153:2 154:4,

13 160:15,23

161:1,5 162:8

weren't

89:16

west

99:2 125:16

western

100:1

wetlands

99:9,10

we've

37:2 43:6,16

55:23 60:23

61:13,15,21

67:21 83:24

90:16,17

94:7,12

103:11 108:16

112:2 120:19

126:23 127:21

134:17 135:3

138:12 139:24

140:20,23

146:15 160:14

whatever

28:10 74:24

98:12 117:21

131:10 132:19

145:15

whatever-itis-he'srunning-for

76:11

whatsoever

50:17

wherever

26:11 77:13

Hearing January 14, 2011

242
whether

22:10 24:15

29:12 77:3,4

105:8 116:25

117:1 122:21

126:14 160:16

White

86:24 87:14

88:24,25

90:16 91:8,25

92:7,11

142:16,19

143:8

whoever

44:6

whole

45:8 46:7,13

102:20 118:13

119:23 144:15

149:6

whooping

88:18

wide

49:2

widely

157:13

Wildlife

97:17,22,24

98:16,25

100:7,10,18

143:19,24

Williams

12:22 16:6

willing

53:5 87:10

willingly

142:11

willingness

150:14

Wilson

41:17 46:17,

20 47:8 49:23

50:1,6,13

W-I-L-S-O-N

46:21

wind

8:3 15:13

39:19 40:17

55:1 121:10,

11

window

45:3

winds

78:22

wind's

128:13

windshield

55:4,5

winter

127:7

win-win

127:22

wipe

55:5

wisdom

44:12

Wise

85:24 100:14

wish

145:14

withhold

83:1

Within

37:13 62:5

103:19 109:16

witnessed

120:17

woman

146:22

womb

140:21

women

21:24 140:18,

20

won

86:25

wonder

21:13 33:21

40:11

wonderful

23:22 108:11

wondering

129:16,19

woods

99:1 131:8

word

140:25

words

139:25 141:1

work

4:24 6:19 9:1

10:2 20:18

24:3 32:14

34:6 42:6

64:2 66:11

70:15,20

73:24 78:20

79:11 83:12

87:17 90:19

92:9 94:21

111:16 122:9,

25 123:1

127:19 129:15

133:17 137:12

138:21 145:22

146:8 155:23

workday

24:5

worked

33:1 42:3

44:8 100:7

101:18 110:8

146:22

worker

155:4 156:7

workers

18:14

workforce

137:5,6

working

8:14 41:19

42:4 47:6

67:6 73:8

87:1 109:13

114:23 120:24

137:11 149:16

works

137:18

world

24:21 64:7,

18,21,24

65:2,22 94:9

108:18 120:15

121:16 132:4

158:11

world-class

8:2

world's

64:1

worldwide

43:1

worried

74:7

worries

52:5

worry

108:10

worse

21:5 78:9,21

99:20 106:20

148:17 151:25

worst

37:5 137:20

Worth

23:18,20

50:24 67:3

69:11,13

70:19 79:24

108:14 109:16

110:12,15

113:12 125:23

127:14

147:13,14

149:19,20,22

Worth's

127:13

Wouldn't

33:12 41:23

135:20 142:22

write

70:17 86:20

writing

90:17 150:13

written

5:14,15,17,

18 6:4,23,25

10:9 12:18

22:3 57:20

59:1 80:14,15

91:25 146:9

150:10 160:20

wrong

42:13 111:8

128:14

X

XL

102:10

Y

y'all

34:6 86:17

87:19

Yao

120:6,7,8,9

Yeah

123:11 136:4

year

5:20 17:7

33:9 57:16

64:23,24

Hearing January 14, 2011

243
68:15 72:18

74:8 79:7

90:23 106:8

121:13 122:20

134:13 138:13

141:19

146:10,15

152:7

years

7:21 21:18

22:15 26:9

27:5 30:1

31:12 34:12,

21 37:1 38:13

42:2,10,23

43:4,6,14

51:19 54:21

68:11 69:11,

19 75:22

77:22 81:25

84:10,12

85:23 92:17

94:8 99:22

100:6 102:6

105:2 106:22

110:19,21

111:16 113:20

114:1,6

115:7,21

116:5 118:25

119:1 120:17

125:9 126:22

129:20,24

131:24

134:11,24

135:3 138:11

143:20 148:15

149:20 152:8

158:9,15

159:2,23

yell

88:1

yellow

6:8,10 42:15

59:14,18

161:9

yellowish

133:23

yesterday

25:16 85:5

128:9

you-all

7:9 27:12

36:15 55:24

60:20 63:12

66:20 92:12

105:24 122:25

141:11

young

34:14 40:5

45:23 108:7

125:20 136:25

147:5

youngest

45:24

yourself

25:15

yourselves

97:11

Z

Z

7:15

Zack

31:5 32:14

Zalzal

7:12,14

zebra

7:15

zero

127:11,20

zip

21:25

zoned

81:22

zones

112:5

zoning

128:21

1

1

7:8 55:18

1.2

149:6

1.8

85:20

10

136:1

10-

119:9

100

51:19 55:19

85:20 91:18

92:17

1000

34:21 42:21,

23

10000

33:8

100000

57:16 68:14

136:10

101

103:17

11

21:24 36:9

59:8

1126

41:11

1130

7:8

11th

121:10

12

33:13 43:2

48:22 91:10

135:22,23

136:13

12th

12:19

132

112:4

14

1:12 5:18

24:22

14th

59:8,9 153:21

154:3 160:19

15

61:2 84:12

15000

119:9

150000

23:19

160

43:4

167

14:18

16-year-old

147:4

17

103:17 107:3

133:10

136:15,21

1746

127:9

1776

95:10

18

81:24

1850

131:7

1970

20:9 21:2

161:23

1973

115:23 158:9

1974

78:1

1975

26:3

1979

68:12

1984

150:18 151:13

1988

44:8

1990

21:4 31:15

1991

93:7

1994

103:3

1995

136:12

2

2

118:25

2.4

136:2

20

7:21 42:10

47:12 61:2

69:11,19

73:18 91:20

114:1 115:7

126:22 129:20

134:10,24

135:3 157:10

2000

42:21,23

200000

97:23

2005

106:7 107:4

2007

8:4 93:7

141:15 155:5

2008

13:13 21:23

Hearing January 14, 2011

244
43:2 73:16

120:22

2009

13:14 42:25

2010

3:21 4:2

13:15 48:22

57:9 84:23

85:7,9 106:7

146:16

2011

1:12 4:16

5:19 14:16,19

59:8 135:17

2012

77:11

2020

73:18 107:5

20-year

31:17,22

21

127:6

21st

24:18 71:13

22

38:13 152:23

224

127:10

22nd

115:24

23

34:12 57:9

230

60:5 112:5

233

127:10

236

88:17

23rd

3:21

24

22:15

24/7

151:11

24000

10:15

24-hours'

133:8

25

19:4 21:14

27:5 34:19

86:1

26

77:22

266000

149:9

27

17:8 120:22

278

64:23

2nd

29:9 58:7

90:1

3

3

60:5 135:17

3.6

43:1

30

4:2 47:12

68:11 106:22

114:1 115:21

149:20 159:22

3000

63:10

30000

88:12

30-million

15:18

30th

11:15 134:19

30-year

50:24

35

102:20

38

42:2

389

127:8

4

4

30:23 119:1

40

42:2 43:14

85:11 94:17

102:6 131:24

159:22

400000

118:25

40-year

121:2

430

154:20

435

154:11

44

73:19

450

74:20 121:19

49

11:23 13:22

19:3 32:25

54:21 100:22

5

5

13:15 154:20

50

13:22 27:5

37:1 51:19

65:16 78:17

98:18 114:6

159:22

50000

48:10 90:12

136:10 149:10

56

103:20

57-year-old

156:10

6

6

2:25 149:15

154:8,21

60

85:6 146:15

160:16

600

109:12,18

150:21

600000

48:6

633000

149:7

6400

121:13

65

48:18

68

127:15 136:21

7

7

154:9

700000

7:18

7227

121:11

748000

149:8

750

107:18,24

75000

57:15 136:10

137:2

75022

21:25

7-Eleven

111:2

8

8

151:18

8-

119:9

80

37:1

'

'80s

68:12,13

110:5 111:4,

19

8

82

37:15

84

48:19

85

131:13,16

89000

64:23

9

9

42:25

9.4

86:2

900-megawatt

15:15

90s

78:23

'

'90s

68:13 79:4

9

Hearing January 14, 2011

245
92

114:4

96

48:23

'

'em

122:12

Hearing January 14, 2011

246