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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
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### 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
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### 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
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### 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
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### 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
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### 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
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### 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
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### of Texas and its agencies remain the permitting authority
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### for greenhouse gas sources, as they are for the other
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### Clean Air Act pollutants. We are ready to work with the
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### 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
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### not yet begun with the TCEQ.
4 

### So that Texas businesses are able to
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### obtain the permits that they need, EPA's action became
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### effective immediately on an interim final basis. We also
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### issued at the time that we entered -- that we issued the
8 

### interim final rule an identical proposal to allow for
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### public comment on our action. And we're here today to
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### listen to comments on our actions.
11 

### So let me now describe for one minute how
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### today's hearing is going to operate. We will be accepting
13 

### oral comments on our proposal and we will prepare a
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### 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,
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### 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
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### EPA's taking to address greenhouse gas emissions through
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### 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
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### instructions for individuals interested in submitting
4 

### written comments. So I will soon call scheduled speakers
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### to the microphones, and I'll do so in pairs, so we have
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### two seats here. And you'll notice that there are a series
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### 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
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### 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
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### speak. Now, when it is your turn to speak please state
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### your name and your affiliation. We do ask that you help
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### our court reporter, who is keeping a log of today's
17 

### hearing by spelling your last name. In order to be fair
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### 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
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### 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
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### started. I'll go ahead and call Peter Zalzal and Neil
13 

### Carman to the table.
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### MR. ZALZAL: My name is Peter Zalzal.
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### It's Z, like in zebra, A-L-Z, like in zebra, A-L. And I'm
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### an attorney with the Environmental Defense Fund. So on
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### behalf of the Environmental Defense Fund, there are more
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### than 700,000 members nationwide, I sincerely thank you.
19 

### Thank you for the opportunity to testify today.
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### Environmental Defense Fund is a nonprofit, nonpartisan,
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### nongovernmental organization. And for more than 20 years
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### our Texas office has been dedicated to achieving cleaner
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### air and a safer environment for all Texans. Texas has a
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### strong stake in reducing the global warming pollution that
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### 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
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### with world-class clean energy resources, generating more
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### wind than any other state in the nation.
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### In 2007, the highest court in the land
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### ruled that greenhouse gases are pollutants under the Clean
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### Air Act. Carrying out its responsibilities under the
7 

### Supreme Court's decision, the EPA has taken actions
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### anchored in science to protect human health and the
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### environment from these contaminates. This includes the
10 

### measures at issue today, the time-tested Clean Air Act
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### permit requirements for the very largest industrial
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### sources of air pollution to deploy modern, cost-effective
13 

### clean air solutions to reduce emissions before commencing
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### construction. States across our nation are working
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### collaboratively with EPA to carry out these clean air
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### measures realizing the environmental and economic benefits
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### from cleaner air and the regulatory certainty necessary to
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### encourage major capital investment.
19 

### There are considerable benefits to acting
20 

### now, decisive action will help to arrest some of the most
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### serious consequences of a changing climate and help to
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### position the U.S. and Texas as global leaders in the
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### development of clean energy technology. China has already
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### overtaken the U.S. in clean-energy investment. The race
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### to clean energy innovation in the global marketplace is Hearing January 14, 2011

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### one our nation cannot and will not lose, but we must work
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### together.
3 

### EDF strongly supports the Agency's
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### proposed action here, narrow federal measures to ensure
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### clean air protections for the state of Texas. The
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### proposed rule fills a gap that would otherwise exist in
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### Texas, smoothing the transition to a legally compliant
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### permit program. EPA's actions provide Texas businesses
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### with vital regulatory certainty to unleash capital
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### investments and to provide Texas citizens with critical
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### health and environmental protections. Moreover, EPA's
12 

### action is very limited in scope, addressing greenhouse gas
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### pollutants discharged in large volumes by major new
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### 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
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### cleaner air.
18 

### At the same time, EDF encourages Texas to
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### assume leadership over its greenhouse gas permitting
20 

### program. Texas has devoted extensive resources to
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### blocking implementation of EPA's greenhouse gas
22 

### protections, filing numerous lawsuits and seeking to
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### derail EPA's clean air measures before implementation.
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### 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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### stay the regulations. It is time to end the litigation
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### and obstructionism and to work together as a nation to
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### solve these urgent challenges. We hope Texas chooses this
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### path forward.
5 

### I would like to again thank you for the
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### opportunity to testify concerning this important
7 

### proposal. EDF strongly supports the Agency's measure,
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### common-sense approach to implementing the Clean Air Act,
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### and we look forward to providing more detailed written
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### comments. Thank you.
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### 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
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### Lone Star Chapter of the Sierra Club here in Texas. And
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### I'm speaking on behalf of our 24,000 members and their
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### families who want cleaner air in Texas, including fewer
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### greenhouse gas emissions.
18 

### Thank you for the opportunity to comment
19 

### on the partial approval and the partial disapproval of the
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### 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
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### the state's greenhouse gas permitting continues to
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### 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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### across the nation for all these industrial sources that
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### need these permits.
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### Texas is acting alone in refusing to
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### implement this important PSD program and otherwise there
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### would be no such permitting implemented here in Texas,
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### which I think would be extremely unfair to other states
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### and companies and industrial sources that are seeking
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### these permits. So the Lone Star Chapter of the Sierra
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### 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
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### state. 13 

### So the Sierra Club's Lone Star Chapter
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### 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
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### move forward with clean energy economy. I will be
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### submitting more detailed written comments before February
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### 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
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### 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,
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### 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
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### pollution emitters will finally be required to address and
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### reduce their emissions. Though the centers and proposed
13 

### rule making in 2008, the endangerment and cause or
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### contribute findings in 2009 to the final PSD and
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### Title 5 tailoring rule in 2010. So the rules necessary to
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### enable states to efficiently permit greenhouse gas
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### 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
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### that greenhouse gases would be regulated under the Clean
22 

### Air Act for some time. Perhaps that is why 49 of 50
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### states in this country either already have rules in place
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### to permit greenhouse gases or will have such rules in
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### place in a matter of months. And these even include Hearing January 14, 2011

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### 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
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### following the law and implementing permitting for
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### 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
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### 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
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### greenhouse gas portion of Texas PSD permitting authority
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### is both legally justified and in the interest of Texas
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### citizens and Texas industry who will need permits in 2011.
17 

### As EPA notes in the rule, according to
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### Texas, 167 greenhouse gas emitting sources will require
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### PSD permits during 2011. Just a few months ago, Texas
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### argued that the inability to issue permits for these
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### sources would irreparably harm Texas by effectively
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### imposing a construction ban on greenhouse gas projects.
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### Texas alleged that this construction moratorium would
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### deprive Texans of jobs, deprive Texas industry of business
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### opportunities, deprive the state of tax revenues Hearing January 14, 2011

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### associated with these projects and placed Texas at a
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### competitive disadvantage to states that have the legal
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### authority to issue greenhouse gas permits. EPA's FIP of
4 

### greenhouse gas permitting in Texas is necessary to address
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### these very problems that Texas recently found so dire.
6 

### Moving forward, I urge EPA to address a
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### number of large CO2 emitters who already have or soon will
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### obtain permits from the Texas Commission on Environmental
9 

### Quality to construction, dirty coal and petroleum
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### coal-fired power plants. Coal-fired power plants emit
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### more CO2 per unit of energy than any other common fuel
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### 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
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### Trailblazer MG7, a 900-megawatt coal-fired power plant
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### supposed to be built near Sweetwater, Texas, will have
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### final permits issued this month, if not soon thereafter.
18 

### Collectively these plants will emit over 30-million tons
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### of carbon dioxide annually and will be around for decades
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### 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
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### Texas. For not only do these plants represent hundreds of
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### millions of tons of CO2 emissions but will pave the way Hearing January 14, 2011

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### for how EPA and states apply EPA's best available control
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### technology permitting guidelines for GHG emissions. EPA
3 

### should require these plants to perform a robust and
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### meaningful BACT analysis for CO2, so as to set the bar
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### 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
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### 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
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### every Texan's health at risk.
21 

### These reasonable and clearly defined
22 

### requirements set forth by the EPA require the largest new
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### industrial facilities as well as those existing industrial
24 

### facilities undergoing major renovation to receive permits
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### and demonstrate that they are using the most advanced Hearing January 14, 2011

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### 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
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### 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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### 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
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### 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 Hearing January 14, 2011

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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. Hearing January 14, 2011

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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

### 23

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 Hearing January 14, 2011

### 24

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

### 25

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

### 26

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

### 68

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

### 70

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

### 71

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

### 72

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

### 73

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

### 74

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

### 75

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

### 76

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

### 77

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

### 78

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

### 79

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

### 80

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

### 81

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

### 82

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

### 84

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

### 85

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

### 86

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

### 87

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

### 88

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

### 89

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

### 90

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

### 91

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

### 92

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

### 93

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

### 94

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

### 95

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

### 96

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

### 97

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

### 98

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

### 99

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

### 100

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

### 101

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 Hearing January 14, 2011

### 102

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 Hearing January 14, 2011

### 103

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 Hearing January 14, 2011

### 104

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

### 105

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

### 106

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

### 107

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 Hearing January 14, 2011

### 108

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

### 109

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

### 110

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

### 111

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

### 112

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

### 113

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

### 114

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

### 115

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

### 116

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 Hearing January 14, 2011

### 117

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 Hearing January 14, 2011

### 118

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 Hearing January 14, 2011

### 119

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 Hearing January 14, 2011

### 120

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 Hearing January 14, 2011

### 121

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 Hearing January 14, 2011

### 122

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 Hearing January 14, 2011

### 123

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 Hearing January 14, 2011

### 124

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 Hearing January 14, 2011

### 125

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

### 126

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

### 127

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 Hearing January 14, 2011

### 128

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, Hearing January 14, 2011

### 129

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

### 130

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

### 131

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

### 132

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

### 133

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

### 134

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

### 135

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

### 136

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

### 137

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

### 138

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

### 139

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

### 140

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

### 141

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

### 142

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

### 143

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

### 144

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

### 145

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

### 146

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

### 147

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

### 148

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

### 149

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

### 150

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

### 151

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

### 152

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

### 153

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

### 154

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

### 155

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

### 156

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

### 157

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

### 158

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

### 159

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

### 160

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

### 161

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

### 162

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

### 163

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

### 164

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

### 165

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

### 166

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

### 167

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

### 168

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

### 169

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

### 170

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

### 173

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

### 174

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

### 177

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

### 180

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, 2011A

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 183adopting

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 184alert

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 185appreciative

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 18643: 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: 19backwardlooking 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 18794: 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: 18B-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 188breast

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 189captured

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 ,12C-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 190C-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: 1citizenbased 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: 13citizensbased 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 191100: 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 192146: 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 193conduct

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 194Corridor

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: 13costeffective 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 ,20C-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 195153: 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 19690: 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: 24dirtypolluting 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 19744: 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 19848: 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 199elements

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 20044: 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 20173: 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 202factored

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 203filthy

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 204125: 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: 13four-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 20515: 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 20684: 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 207101: 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: 1H-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: 1have-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 20820: 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: 24H-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 20945: 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 210implore

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: 6industryfriendly 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 21195: 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 21222: 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 ,10K-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 213141: 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 21415: 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: 3lifethreatening 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 215Lon

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 216mass

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 217137: 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 218nail

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 21942: 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: 10not-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 22024 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 22148: 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 22275: 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 223plus

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: 4pollutioninduced 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 22448: 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 225n

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 22684: 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: 11recordsetting 18: 10
recourse 

### Hearing January 14, 2011 22781: 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 228128: 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: 1R-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: 11revolvingdoor 111: 15 ,22 rewritten 130: 19 rhetoric 

### Hearing January 14, 2011 22918: 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 ,13R-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 23088: 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 ,5S-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 ,19sciencebased 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: 17selfreported 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 231Serving

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 ,22S-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 23263: 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 233spewed

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 23433: 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 235support

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 23620 ,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 23717 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: 11Texaselected 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 23843: 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 239trivialize

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 240urban

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 241Washington

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: 15whatever-itis-he'srunning-for 76: 11 whatsoever 50: 17 wherever 26: 11 77: 13 

### Hearing January 14, 2011 242whether

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 24368: 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 24443: 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 24592

114: 4 96 48: 23

'
'em 122: 12 

### Hearing January 14, 2011 246