# TRANSCRIPT OF PROCEEDINGS

HERITAGE REPORTING CORPORATION Official Reporters 1220 L Street, N.W., Suite 600 Washington, D.C. 20005-4018 (202) 628-4888 contracts@hrccourtreporters.com IN THE MATTER OF: ) ) SSM SIP CALL -- SUPPLEMENTAL ) PUBLIC HEARING )

REVISED AND CORRECTED TRANSCRIPT

Pages: 1 through 45 Place: Washington, D.C.

Date: October 7, 20141

Heritage Reporting Corporation (202) 628-4888 BEFORE THE U.S. ENVIRONMENTAL PROTECTION AGENCY

IN THE MATTER OF: ) ) SSM SIP CALL -- ) SUPPLEMENTAL PUBLIC ) HEARING )

Room 1117A William Jefferson Clinton East Building 1201 Constitution Avenue, N.W. Washington, D.C. Tuesday, October 7, 2014 The parties met, pursuant to the notice, at

9:19 a.m.

BEFORE: JOSEPH DOUGHERTY Hearing Officer

PARTICIPANTS: GEOFFREY WILCOX, EPA Office of General Counsel ILAN LEVIN, Environmental Integrity Project SARAH HODGDON, Sierra Club JOSHUA BERMAN, Sierra Club RITA HARRIS, Sierra Club HILTON KELLY, Sierra Club YUDITH NIETO, Sierra Club ELIZABETH MILTON, Sierra Club THERESA LANDRUM, Sierra Club TERRY MCGUIRE, Sierra Club KRISTIN COOK, Sierra Club JOSÉ DE ARTEAGA, Sierra Club KATE COLARVILLI, Sierra Club2

Heritage Reporting Corporation (202) 628-4888 P R O C E E D I N G S 1 (9:19 a.m.) 2 MR. DOUGHERTY: Good morning. My name is 3 Joe Dougherty, and I am representing EPA's Office of 4 Air Quality Planning and Standards. I'll be chairing 5 today's hearing. Joining me on this hearing panel is 6 Geoffrey Wilcox of EPA's Office of General Counsel in 7

our Air and Radiation Law Office. 8 We're holding this hearing to take comment 9 on EPA's Supplemental Notice of Proposed Rulemaking 10 entitled "State Implementation Plans: Response to 11 Petition for Rulemaking; Findings of Substantial 12 Inadequacy; and SIP Calls to Amend Provisions Applying 13 to Excess Emissions During Periods of Startup, 14 Shutdown and Malfunction; Supplemental Proposal to 15

Address Affirmative Defense Provisions in States 16 Included in the Petition for Rulemaking and in 17

Additional States." 18 This Supplemental Notice of Proposed 19 Rulemaking, also called an SNPR, was signed on 20 September 5, 2014, and posted on the internet the same 21 day. The notice was published in The Federal Register 22 on September 17, 2014, at page 55919. 23 We are here today to listen to your comments 24 on EPA's proposed action. The purpose of this hearing 253

Heritage Reporting Corporation (202) 628-4888 is to listen to your comments, but not for Mr. Wilcox 1 or me to expand upon, discuss, or debate the SNPR. 2 Today's hearing is just one opportunity for the public 3 to comment on EPA's SNPR, and you may also submit 4

written comments. 5 A four-page fact sheet for the SNPR is 6 available in the registration area and also online. 7 It summarizes the SNPR, and it also includes detailed 8 information for submitting written comments. The EPA 9 invites public comments on specific elements of the 10 SNPR as well as on any other issues raised by the 11 proposal. 12

The rule when finalized would ensure that 13 states have plans in place that require industrial 14 facilities across the country to follow air pollution 15 rules even during times when the facility is starting 16 up or shutting down or when a malfunction occurs. Air 17 pollution emitted during these periods of startup, 18 shutdown, or malfunction, periods that collectively 19 are often referred to as SSM for short, may adversely 20 affect the health of people nearby and may contribute 21 to smog and other problems in communities that are 22

further downwind. 23 As explained in our fact sheet, the EPA 24 issued a proposal in February 2013 that responds to a 254

Heritage Reporting Corporation (202) 628-4888 petition for rulemaking filed by the Sierra Club. The 1 petition includes interrelated requests concerning the 2

treatment of excess emissions when industrial 3 facilities are starting up, shutting down, and 4 malfunctioning, specifically how these emissions are 5 treated in State Implementation Plan, or SIP, 6 provisions that the EPA approved in the past. Many of 7 these state plans are outdated and are not consistent 8

with current rules and court decisions. 9 In response to a federal court decision 10 issued subsequent to that February 2013 proposal, the 11 EPA reconsidered its earlier interpretation of the 12 Clean Air Act, and so in the SNPR we are proposing to 13 change our policy on approvability of affirmative 14 defense provisions in SIPs. An affirmative defense 15 would shield the facility from monetary penalties but 16 not from the responsibility to take action to limit 17 future problems. Affirmative defense provisions have 18 frequently been included among SSM provisions in SIPs. 19 The SNPR reflects the court's opinion that 20 affirmative defense provisions cannot be applicable to 21 violations of Clean Air Act requirements even if the 22

violations resulted from malfunctions. The SNPR does 23 not change what the EPA proposed in the February 2013 24 notice for any other issues. 255

Heritage Reporting Corporation (202) 628-4888 Also in this SNPR the EPA proposes to issue 1 findings that SIPs for certain states do not meet the 2 requirements of the Clean Air Act with respect to 3 affirmative defense provisions. The EPA is proposing 4 a SIP call for each of these 17 states, covering 23 5 statewide and local jurisdictions. The 17 states are 6

named in the fact sheet that I mentioned earlier. 7 Under the SIP calls, the EPA would direct 8

the affected states to remove affirmative defense 9 provision from their SIPs. As proposed, affected 10

states would have 18 months to correct and submit 11 their SIP revisions to the EPA, and the 18-month clock 12

would start when EPA takes final action on the 13 February 2013 proposal in this SNPR. 14 Before we open the floor for testimony, 15 allow me to explain how this hearing will operate and 16 how to comment. Today we will be accepting oral 17 comments on our Supplemental Notice of Proposed 18 Rulemaking. We will be preparing a written transcript 19 of this hearing. The transcript will be available to 20 the public as part of the official record for this 21 rule, and EPA will consider both oral comments and 22 written comments as we move forward in the rulemaking 23 process. As noted in the SNPR, we will accept written 24 comments on the SNPR that are received by November 6, 256

Heritage Reporting Corporation (202) 628-4888 2014. 1 For those who will be providing oral 2 comments today, I will call each scheduled speaker to 3 the microphone, which is standing across right there. 4 When it is your turn to speak, please state your name 5 and your affiliation. It will help the court reporter 6 in preparing our transcript if you also spell your 7 name. If you wish to speak but have not already 8 registered to do so either through the pre9 registration or today at the registration desk, please 10 check in with our staff at the registration table 11 located just outside the entrance to this room. 12 We ask that you limit your testimony to not 13 longer than five minutes. After you finish your 14 testimony, Mr. Wilcox or I may ask you clarifying 15 questions to be sure that we and others in EPA 16 understand your comments. If in addition to the 17 transcript you would also like to put the full text of 18 your written comments into the docket, please be sure 19 to give a copy of any written comments to our staff at 20 the registration table. 21 We intend to stay until either 6 p.m. this 22 evening or one hour after the last registered speaker 23 has spoken, whichever is earlier. I'd like to thank 24 you again for participating today. Let's get started. 257

Heritage Reporting Corporation (202) 628-4888 I'd like to call Ilan Levin and Sarah 1 Hodgdon. Mr. Levin. 2 MR. LEVIN: Thank you. I'm Ilan Levin, 3 I-L-A-N, L-E-V-I-N. I'm with the Environmental 4 Integrity Project. And good job pronouncing my name. 5 That's quite a feat. 6 We're here to make two points. The first is 7 that we support the proposal but with a caution. 8 That's the second point. EPA will need to carefully 9 review SIPs to make sure that rogue states, like Texas 10 where I live, don't create new loopholes. And Texas 11 is a real-world example because for about a decade the 12

State of Texas has had rules on the books that are 13 being implemented, have been implemented for quite 14 some time that provide an affirmative defense for 15 upsets and for what Texas calls unplanned startups, 16 shutdowns, and maintenance activities. 17 For what Texas calls the planned startups, 18 shutdowns, and maintenance, which are the routine or 19 reasonably foreseeable startup/shutdown emissions, 20 Texas has issued permits. So let me first say a few 21 words about how the affirmative defense has played out 22 in Texas, and then I'll say a few words about the 23 permits that have been issued. 24 The affirmative defense, as I mentioned, has 258

Heritage Reporting Corporation (202) 628-4888 been on the books in Texas for a little over 10 years. 1 It was approved by EPA into the SIP in 2010, and it 2 acts as a shield against enforcement. That's what the 3 affirmative defense does. Despite what EPA says, and 4 EPA, when the agency approved Texas's affirmative 5 defense, EPA was quite clear that all exceedances of 6 emission limits during periods of upsets are 7 violations but that the affirmative defense, if all 8 the factors are met, can be a bar against penalties 9 only but that the facility still needs to fix the 10 problem. And that was clear in the Fifth Circuit in 11 approving that affirmative defense into the Texas SIP, 12 was very clear about that too. 13 But despite what EPA clearly told the State 14 of Texas and despite what the Fifth Circuit clearly 15 understood, the affirmative defense is used to shield 16 companies against all enforcement and citizen suits. 17 One example is a recent case that we brought 18 on behalf of Sierra Club against a large power plant 19 in Texas. The company had exceeded SIP limits, had 20 reported those exceedances and had filed their reports 21 kind of checking the boxes for all the factors for the 22

affirmative defense. The State of Texas issues a 23 boilerplate response called an investigation report 24 that says you meet the affirmative defenses, therefore 259

Heritage Reporting Corporation (202) 628-4888 no violation. 1

And when we tried to enforce the Clean Air 2 Act, we had a District Court judge in Texas tell us 3 "I'm not going to second-guess the Texas Environmental 4 Agency." And so that's what, despite the law, the 5 black letter law, when you walk into a courthouse in 6 Waco, Texas, judges are going to be inclined to not 7 second-guess the agency and defer to the agency. 8 So we support the proposal to get rid of 9 affirmative defenses because they're unnecessary and 10 they're illegal. So that's kind of a no-brainer. 11 The second point I want to talk about which 12 I think is a lot trickier is what do you do about all 13 the planned or the routine startup/shutdown emissions 14 because, as you know, for many years-sources were 15 never really required to make a distinction, and so 16 anything that was an upset, a startup, a shutdown, 17 even routine maintenance, has always just been kind of 18 swept under the rug, and sources claim either an 19 exemption or in states like Texas that have the 20 affirmative defense on the books just say -- they 21 claim a blanket affirmative defense. But the planned 22 or the routine emissions need to be either permitted 23 or somehow analyzed, and they have to be treated as 24 potential to emit, and that's where we're urging EPA 2510

Heritage Reporting Corporation (202) 628-4888 to pay very close attention as proposed SIPs start 1 coming in to comply with this rulemaking. 2 We urge EPA to pay really close attention to 3 what states are going to be doing with respect to the 4 non-upset events, the routine or foreseeable 5 emissions. They're part of a source's potential to 6 emit, and as such, those emissions need to be 7 evaluated, air quality impacts need to be measured, 8 sources need to meet best available control technology 9 to reduce those emissions, and this all needs to be 10 reflected in permits. And that may sound right 11 theoretically and make sense theoretically, but what's 12 happened in Texas -- a couple of examples in these 13 permits. 14 The permits that we've seen define 15 planned -- again, that's just the Texas term, but it 16 may be reasonably foreseeable, routine, whatever the 17 word is -- these permits define planned startups and 18 shutdowns as pretty much whatever the permittee wants. 19 For example, in Texas, they usually list -- they have 20 a nonexhaustive list of activities at the facility 21 that are sort of the planned events, and then we see 22 little footnotes in the permits that say "and any 23 other boiler startups or any other maintenance." 24 And so defining these events very broadly in 2511

Heritage Reporting Corporation (202) 628-4888 the permits allows companies to claim coverage really 1 under the startup/shutdown permit for pretty much 2 anything they want. 3 And then also another example, the permits, 4 the permit terms themselves exempt sources from 5 compliance with SIP limits during these events, and 6 that needs to stop. So under no circumstances should 7 EPA allow alternate limits in place of health-based 8 limits. There may be times when a company can't meet 9 a technology-based limit, BACT or MACT, for example, 10 during periods of startup, shutdown, and maintenance. 11

But under no circumstances should sources be allowed 12 to be exempt from compliance with health-based limits 13

like SIP limits. A lot of SIP limits are nuisance14 based limits, for example, and those have a cushion in 15 them that account for startup, shutdown, maintenance, 16 and so those should not be excused under any 17 circumstances. Thank you. 18 MR. DOUGHERTY: Thank you very much. 19 MR. WILCOX: Mr. Levin, will you be 20 submitting written comments as well -- 21

MR. LEVIN: Yes. 22 MR. WILCOX: -- and detailing these points? 23

MR. LEVIN: Yes. 24 MR. WILCOX: Thank you. 2512

Heritage Reporting Corporation (202) 628-4888 MS. HODGDON: Good morning. My name is 1 Sarah Hodgdon, S-A-R-A-H, H-O-D-G-D-O-N. And I'm 2 Sierra Club's National Program Director visiting from 3 our headquarters in San Francisco. 4

On behalf of our 2.4 million members and 5 supporters in all 50 states, Puerto Rico, and the 6 District of Columbia, I'm here to strongly support the 7 startup, shutdown, malfunction supplemental proposal. 8 Sierra Club supports this action because the Sierra 9

Club stands with our allies and members across the 10 country fighting environmental injustices and 11 corporate abuses of power, and this rule will go a 12 long way in helping protect those that need it most. 13 The Sierra Club and our allies in working 14 with fence-line communities across the country have 15 seen first-hand what families living beside big 16 polluters experience on a daily basis. From 17 Birmingham to Detroit, from Memphis to Dallas, 18

communities that live in the shadows of facilities 19 like oil refineries and coal-fired power plants are 20 truly suffering. Simply put, they need your help. 21 We stand with these communities as they 22 fight for clean air and water, but often we and they 23 have little recourse because of these existing SSM 24 loopholes. They often must also contend with state 2513

Heritage Reporting Corporation (202) 628-4888 environmental agencies that can't or won't act to hold 1 polluters accountable and protect health and well2 being. 3 So we applaud you for taking action. We 4 think this is a critically important step forward, and 5 we want you to know that as you move forward with 6

finalization of this critical rule Sierra Club will 7 support you. Thank you for all of your work and thank 8 you for the opportunity to testify today. 9 MR. DOUGHERTY: Thank you very much. 10

Josh Berman and Rita Harris. 11 MR. BERMAN: Good morning. My name is 12 Joshua Berman. I'm a staff attorney with the Sierra 13 Club, and I'm providing these comments on behalf of 14 the Sierra Club. We are also going to be submitting 15 more detailed written comments on this same topic, but 16 I'm going to be touching on the same affirmative 17 defense issue that Ilan just talked about. 18 MR. WILCOX: Could you bring the microphone 19

closer? 20 MR. BERMAN: Closer? Absolutely. 21 As a public interest attorney 22 representative, I applaud EPA's supplemental finding 23 that the affirmative defense provisions are 24 inconsistent with the Clean Air Act. Many states have 2514

Heritage Reporting Corporation (202) 628-4888 affirmative defense provisions that allow facilities 1 to avoid any penalties for violations of their permit 2

limits. As the D.C. Circuit has held in the Cement 3 Kiln decision, these provisions are inconsistent with 4 the statute because they limit the court's ability to 5 assess penalties for violations of the Act under 6 Section 113(e)(1). Courts, not EPA, must determine 7 civil penalties. 8 No matter how narrowly tailored EPA tries to 9 craft affirmative defense, in litigation these 10 defenses act as a loophole that prohibit any citizen 11 enforcement of large pollution events, which is 12 exactly what Ilan was saying. In litigation, 13 polluters attempt to expand the defense to cover 14 planned emission exceedances that the defense was not 15 supposed to cover. They also attempt to expand the 16 defense to cover injunctive relief even though it is 17 only supposed to apply to civil penalties. The Sierra 18 Club has seen this occur first-hand in litigation. 19 Despite EPA's intentions, polluters, 20 sometimes condoned by the state air regulator, have 21 shown that they will make full use of the malfunction 22 defense to raise the cost of citizen litigation, 23 confuse the courts, and avoid both injunctive relief 24 and civil penalties. As a result, the supposedly 2515

Heritage Reporting Corporation (202) 628-4888 narrowly tailored malfunction defense threatens to 1 swallow the rule that emissions limitations must apply 2 on a continuous basis, in clear contravention of 3 statutory mandates. 4 Again, thank you for the opportunity to 5 provide these oral comments, and we will be providing 6 more detailed written comments on this topic. Thank 7

you. 8 MR. DOUGHERTY: Thank you. 9 MS. HARRIS: Good morning. I am Rita 10 Harris. I am senior organizing representative with 11 the Sierra Club, and I work in the Memphis, Tennessee, 12 area. I'm here this morning to speak in support of 13 the proposed SSM rule. 14

Tennessee is one of 38 states that have 15 allowed the polluting industry to dump vast amounts of 16 toxic substances into neighborhoods, putting the 17 health of children, pregnant mothers, and those with 18 breathing problems as well as the elderly at risk. 19 Memphis is ranked number two among all the other 20 states as an asthma capital. This is according to the 21 Asthma and Allergy Foundation. Memphis is majority 22 people of color, mainly African-American, and largely 23

low-income. 24 I come here today to applaud the EPA for its 2516

Heritage Reporting Corporation (202) 628-4888 proposed startup, shutdown, malfunction rule. Closing 1 up these kinds of loopholes are way overdue. Without 2 this SSM rule, low-income and people of color 3 communities are essentially held hostage by facilities 4 that are able to defend themselves or exempt 5 themselves from clean air laws using these maintenance 6 periods of starting up and shutting down as a defense. 7 Polluters should never get a free pass to pollute and 8 endanger our health. 9 I speak on behalf of the many low-income and 10 people of color communities that stand in the shadows 11 of the Tennessee Valley Authority coal plant in 12 Memphis, Tennessee. For over 54 years the TVA coal 13 plant has enjoyed doing their business freely, 14 belching out higher than normal amounts of toxins into 15 the air during the startup, shutdown, and so-called 16 malfunction periods. 17 In addition, less than five miles from the 18 TVA coal plant in Memphis stands the Valero Oil 19 Refinery, which is another facility nearby 20 environmental justice neighborhoods, and they have to 21 contend with this daily. Just last week the refinery 22 reported that it had discovered, through enhanced 23 monitoring daily releases of hydrogen cyanide almost 24 equal to the annual TRI emissions they reported in 2517

Heritage Reporting Corporation (202) 628-4888 2012. These emissions once they are thoroughly 1 investigated might be classified as a malfunction. 2 They have spewed out vast amounts of highly toxic 3 chemical substances into the air daily. They have way 4 underreported. 5 This is an alarming revelation, and 6 loopholes allowing this type of exposure and level of 7 exposure must be stopped. We hope the new SSM rule 8 will stop these exposures and in turn protect the 9 health and quality of life of those who are living 10

near these facilities. 11 One of the things that must be decided is 12 how states will interpret the rule and enforce it. We 13

in the communities want to know how a malfunction is 14

determined and whether situations like the Valero 15 Refinery's excessive hydrogen cyanide emissions can be 16

deemed a malfunction or could be deemed as a 17

malfunction. 18 Because of the health threats, many of which 19 are largely unknown, the EPA is correct in declaring 20 states cannot allow facilities to be exempt any longer 21 from being responsible for large amounts of pollution 22 emitted during these times of maintenance. The fact 23 is industry needs to minimize emissions during these 24 so-called malfunction periods to better protect the 2518

Heritage Reporting Corporation (202) 628-4888 health of their workers as well as the general public. 1

We believe hazardous chemicals released 2 during startup, shutdown, and malfunction periods can 3 cause and exacerbate long-term chronic illnesses. If 4 the coal industry and others are serious about 5 following the law and doing the right thing, they will 6 not fight to keep these loopholes which allow them to 7 keep putting vulnerable populations in danger from 8

hazardous emissions. 9 We need hazardous air monitors supplied by 10 the industry placed inside of the fence line of 11 communities and be monitored by the state or EPA, 12 especially in the case of repeat offenders or bad 13 actors. Those are the companies that have many 14 violations and excessive reporting of so-called 15 malfunctions. I believe this SSM rule once put in 16 place will help demonstrate that EPA is serious about 17 protecting the health of those in vulnerable 18

communities. 19 And lastly, the Sierra Club Environmental 20 Justice Program supports EPA's supplemental rule which 21

will not allow states to include affirmative defense 22 provisions any longer. We commend EPA for all of its 23 efforts to better protect the health and quality of 24

life of our communities in Tennessee and all across 2519

Heritage Reporting Corporation (202) 628-4888 the country. Thanks for proposing a rule that will 1 protect near neighbors of major polluters. Industry 2 should report. They should be responsible for bursts 3 of pollution that occur at night and other times. 4 Thank you. 5 MR. DOUGHERTY: Thank you very much. 6 Yudith Nieto and Hilton Kelly. 7 MR. KELLY: Good morning, everyone, and 8 thank you for this opportunity, Environmental 9 Protection Agency. 10 My name is Hilton Kelly. I'm the founder 11 and director of the Community Empower and Development 12

Association located on the Gulf Coast in southeast 13 Texas. My home is home to more than five oil 14 refineries, seven chemical plants and two major coke 15

facilities which take the waste from refineries and 16 ship it overseas and sometimes process it and use it 17 for cheap fuel. 18 We are very excited about this startup, 19 shutdown, malfunction rule, and we are in total 20 support of the Environmental Protection Agency for 21 this rule. For more than 14 years our organization 22 has been fighting to push to stop the startup and 23 shutdown issue simply because for many years 24 industries have been using this as a way to dump 2520

Heritage Reporting Corporation (202) 628-4888 dangerous toxic chemicals into the environment so that 1 they wouldn't have to pay the costs of getting rid of 2 it legally, and we commend you guys for stepping up 3 and finally doing something to eliminate this 4 loophole. 5 Why? Because we on the average see at 6 least three or four people from our community die from 7 respiratory problems, liver and kidney disease, and 8 cancer due to overexposure of the toxic chemicals from 9 the refineries and the chemical plants. 10 Whether these emissions that are dumped into 11 the air during startup or shutdown or malfunctions are 12 legal or illegal, it still has a negative impact on 13 the health of our children, our elderly, and our 14 families in our low-income communities. We literally 15

live on the fence line of these industries. 16 We have the Motiva Oil Refinery in our 17 community. The Motiva Oil Refinery went from 18 producing 285,000 barrels of oil per day to 620,000 19 barrels of oil per day. We have the largest oil 20 refinery in the Northern Hemisphere right outside my 21 front door, right outside. 22 Almost on a monthly basis we smell the odors 23 of sulfur, benzene, hydrogen sulfide, sulfuric acid, 24 and many times we don't even know how we're being 2521

Heritage Reporting Corporation (202) 628-4888 impacted. It's one thing to understand the impact of 1 benzene. We know it's a known carcinogen. But what 2 about the cumulative impact? How is that impacting my 3 children? How is this impacting my grandkids? How is 4 this impacting my neighbor? 5 And for at least 15 or 16 years we have been 6 pushing to try to get a cumulative impact study done, 7 but more must be done to help protect the human health 8 because this is a good step. It's a step in the right 9 direction. The startup and shutdown, malfunction rule 10 is critical to helping to reduce the chemicals that 11 many citizens across this nation are being exposed to, 12 so we commend you for that, but we can't stop there. 13 Let's continue to find ways in which we can 14 work together to hold these industries accountable and 15 to push them to do better. If you're allowed to 16 operate a refinery or a chemical plant anywhere in the 17 world, you should be more responsible in handling 18 those chemicals and the operation of those facilities. 19 Thank you, EPA, for what you're doing. We 20 commend you. But let's continue to work together to 21

see what we can do in the near future to continue to 22 protect human health and our babies. Thank you. 23 MR. DOUGHERTY: Thank you very much. 24 MR. WILCOX: Mr. Kelly, will you be 2522

Heritage Reporting Corporation (202) 628-4888 submitting additional written comments? 1 MR. KELLY: Yes, I can submit that. 2 MR. WILCOX: Okay. Thank you. 3 MS. NIETO: Hello. My name is Yudith Nieto, 4 and I am from Houston, Texas. I come from a small 5 community called Manchester, near the ship channel. I 6 grew up in this community and growing up there I 7 witnessed the industry growing around me. I suffer 8 from asthma and different respiratory issues as well 9 as the children in my community also do. 10 I recently learned about the EPA's proposed 11 startup, shutdown, malfunction rule, and I have to say 12 I agree with it because my community is already 13 bombarded with at least seven different cancer-causing 14 chemicals on a daily basis, and the way that the 15 industry is allowed to emit so much toxins into the 16 air at once is just, it's a bit crazy to think that 17 that could actually be allowed. 18

So I commend the EPA as well. We need to 19

continue these connections and these communications of 20 agencies and the parties involved. And I appreciate 21 the hearings as well because I went to a hearing in my 22 own community and in Houston during the Executive 23 Order 13650, which allowed community members to put 24 their input in what should be said and done when it 2523

Heritage Reporting Corporation (202) 628-4888 comes to the EPA to improve chemical facility safety 1 and security. 2 So this rule will definitely help my 3 community benefit in the sense that we'll have at 4 least less chemicals to worry about on a daily basis. 5 We feel it in our bodies. We see it happening. It 6 always happens when it rains or it gets really dark or 7 at night when you can't tell that that's happening, 8

and we also have no notification that that is 9 happening. 10 So when I say communication between agencies 11 and parties involved, I'm talking about the industry 12 as well. We need to notify our communities that this 13 is happening so that they have the choice to either 14 leave or seek shelter somewhere else because they can 15 no longer take more toxins into their bodies. These 16 people are getting sick, and we are one of the highest 17 numbers of uninsured peoples in these communities 18 which are low-income, communities of color, and 19

disenfranchised. 20

I would also like to mention the Richmond 21 community that suffered from the Chevron explosion not 22 too long ago. They were not able to be here, but 23 through our affiliation with the West County Toxic 24 Coalition they could have shared their story, and I 2524

Heritage Reporting Corporation (202) 628-4888 could have also learned how it is that they're dealing 1 with what is going on there and the way that they're 2 building this -- what is the Contra Costa Model that 3 seems to still include the environmental justice 4 language, and we need that in other communities, and 5 we need that in the states that have yet to find the 6 political will to issue these kind of regulations and 7

standards. 8 So, again, I'd like to mention that we need 9 to find a way to harmonize all the pieces that are 10 coming out, and the EPA, you know, is being commended 11 by all the community members and the organization 12 leaders here today, and I'm pretty sure that we still 13 want to continue working with the EPA. 14 As a youth member, as an environmental 15 justice youth organizer, I have to go back into my 16 community and talk to the youth and give them faith 17 that the agencies that are set in place to protect 18 them are doing all they can to do that. So I leave 19 you with that. I want to continue to have faith in 20 the EPA and the agencies that we are committed to also 21 support, and to keep in mind that there's future 22 generations that will inherit these kind of 23 regulations and this kind of pollution and things that 24 they'll have to deal with in their lifetime, and I 2525

Heritage Reporting Corporation (202) 628-4888 just, I have to ask, you know, how are we going to 1 harmonize the pieces that we're all bringing here to 2 the table today and that the EPA continues to work 3 with community groups and community organizations. 4 And thank you, thank you for having this hearing. 5 MR. DOUGHERTY: Thank you very much. 6 MR. WILCOX: Thank you. 7

MR. DOUGHERTY: Elizabeth Milton and Theresa 8

Landrum. 9 MS. MILTON: Good morning. My name is 10 Elizabeth Milton, and I'm from the City of Detroit, 11 and as a certified asthma educator in Detroit, I know 12 that every emergency room visit, hospitalization, and 13 death as a result of asthma is preventable. Still I 14 know kids that die from asthma attacks every single 15 day. I even have watched a five-year-old suffer with 16 chronic obstructive pulmonary disease, COPD, not being 17 exposed to cigarette smoke but being on the fence line 18 of dangerous industry. I see kids like this suffer 19 needlessly and live compromised quality of life 20

because of the air we breathe. 21 The City of Detroit and nearby downriver 22 communities are classified by the Michigan Department 23 of Community Health as the epicenter of the asthma 24 burden. The American Lung Association reported in 2526

Heritage Reporting Corporation (202) 628-4888 2014 that Wayne County has the highest number of 1 pediatric asthma cases and we also have the highest 2 number of children that live in poverty in the State 3 of Michigan. 4 Detroit is home to the highest polluters in 5 the State of Michigan, and needless to say we have a 6 Michigan Department of Environmental Quality that is 7 not necessarily enforcing the laws that are on the 8 book and protecting our health. We also have 9 organizations like Michigan Department of Community 10 Health that is in a silo and doesn't necessarily talk 11 with MDEQ. So this concerns us and we would like for 12 the EPA to kind of help mandate some type of 13

communications across the board. 14 Combined, these highest polluters in the 15 State of Michigan, they emit and produce billions of 16 toxic air pollution, contributing to poor health, 17 quality of life. And our asthma death rates, of 18 course, in the City of Detroit is about two to three 19 times higher than the State of Michigan. 20 We know exposure to environmental toxins in 21 a very short period of time, such as five minutes 22 exposure to SO2, sulfur dioxide, can have a 23 significant impact on human health, causing 24 aggravation of asthma and other respiratory illnesses. 2527

Heritage Reporting Corporation (202) 628-4888 Unfortunately for our community, we are exposed 24/7 1 because we live, we work, we play, we worship in our 2

communities. 3 There's only so much I can do as an asthma 4 educator. There's only so many windows that I can 5 close and I can adjust so many events in the 6 environmental walk-through. Something must be done, 7 and thankfully, EPA, the proposed SSM rule would have 8

an immediate and measurable benefit for our children 9 and families in my community. 10 The EPA's SSM rule is an important safeguard 11 that will close a major loophole that has for decades 12 allowed big polluters to dump huge amounts of toxic 13 air pollution onto my neighboring communities. 14 Currently during periods when facilities in my state 15 and my community come online, shut down or are 16 experiencing a malfunction, polluters are allowed to 17 emit huge amounts of pollution but are not held 18

accountable for that. So we're thankful for the SSM 19 rule that is proposed to make them accountable for 20 what they do. 21 But the one thing that we lack in our 22

communities is enforcement. Polluters should never 23 get a pass at the expense of public health. This rule 24 will help to protect the most vulnerable communities, 2528

Heritage Reporting Corporation (202) 628-4888 and that is mine, because we live adjacent to power 1 plants, refineries, and other polluting facilities. 2 My community lives under the shadow of these big 3 polluters and, yes, my community is of color and, of 4 course and unfortunately, 50 percent of our children 5 live below the poverty level. 6 EPA's proposed rule is a major step forward 7 in addressing critical air pollution problems and will 8 help our state achieve the intentions of the Clean Air 9 Act. And I just wanted to remind us about the rule in 10

the Clean Air Act about safe chemicals and safe 11 technology. Somehow we've got to incorporate this and 12 enforce that in our community because a lot of our 13 equipment in our chemical plants is antiquated, a lot 14 of them are not using the best available technology, 15 and we're not replacing some of the most harmful 16

chemicals with some of the safer chemicals that we 17

have and we know that are available. 18 One of the things that EPA can do is to make 19 that information available to the states; not only 20 that, but to first responders. We have a lot of first 21 responders that are stepping into situations ignorant 22 of the chemicals that they're being exposed to and 23 they're perishing because of it. 24 So those are my comments and I thank you for 2529

Heritage Reporting Corporation (202) 628-4888 your time and thank you for the SSM rule. Thank you. 1 MR. WILCOX: Ms. Milton, will you be 2 submitting additional comments? 3 MS. MILTON: Oh, sure. 4 MR. WILCOX: Okay. 5 MS. LANDRUM: Good morning, and thank you 6 for this opportunity to come before the EPA. My name 7 is Theresa Landrum. That's T-H-E-R-E-S-A, Landrum, 8 L-A-N-D-R-U-M. I come to you on a personal level 9

because I am what I call a victim of a lot of these 10 large industries that are emitting pollutants over the 11 amount of the regulatory standards. 12

I live in the shadows of Marathon Oil 13 Corporation, the only oil refinery in the State of 14 Michigan and one of the largest in the nation. My ZIP 15 code, 48217, has been deemed by the EPA as the most 16 polluted ZIP code in the State of Michigan. My county 17

has and is still in nonattainment for SO2 emissions 18 coming from surrounding industries, such as U.S. Steel 19 Corporation, Marathon Oil Corporation, DTE coal power 20 plants, and Service Star. 21 At this particular time my community is one 22 of the communities that have, out of 27 heavy 23 polluting industries in the southwest Detroit area, 24 not the state, we have and are home to 13 of these 2530

Heritage Reporting Corporation (202) 628-4888 industries. Often we see on a daily basis the 1 emissions coming from these stacks, not from one 2 industry but from various industries on a daily basis. 3 We support this SSM rule. It will show the 4 people that the United States EPA is working on behalf 5 of the communities. It will also empower our state 6 Michigan Department of Environmental Quality help do 7 their job. Often we see that the people are 8 distrusting of the regulatory agencies, but with this 9 rule, this SSM rule, it will give us hope and 10 assurance that the United States EPA is working on our 11 behalf. It will also empower and give our MDEQ the 12 tools to do their job to better monitor these 13 industries that use the startup, shutdown, 14

malfunctions as an excuse to overinundate communities 15 that are already heavily burdened with pollutants. 16 We support the EPA's rule. It will also 17 strengthen the Clean Air Act and allow the Clean Air 18 Act to do what it is supposed to do, and that is 19 protect the environment, the people, and the greater 20

United States of America. 21 I just wanted to share with you that we have 22 cancer that is off the chart, we have asthma off the 23 chart. We see the hospitals calling our schools, 24 telling our schools that they are seeing a high rate 2531

Heritage Reporting Corporation (202) 628-4888 of students coming in. The hospital calling the 1 schools. That tells us that something is wrong. 2 We want to work with the industry. We want 3 to work with our regulatory agencies to better benefit 4 our land, our air, and our quality of life, thus 5 improving it for overall people in general, and we 6 feel that this SSM rule will help further reduce and 7 help reduce exposure to the people that are most 8 vulnerable, that are the pregnant women, children, and 9

seniors. We feel that this SSM rule will be a 10 precaution to help govern the industry better. 11 We also would like to ask the EPA if they 12 ever review the malfunction reports to see what the 13 communities are being exposed to, not just on a daily 14 basis but an hourly basis. The excuses must stop. 15 The excuses must end. And we, the people, as well as 16 our regulatory agencies must work towards a better 17 regulatory governance of these industries that use 18 this excuse to overburden and increase pollutants 19 during these times of these malfunctions. 20 April 2013, we in the community of 48217 21 experienced a catastrophic event when Marathon had an 22 explosion. It rocked the community to its core. The 23 fear of what we were and are going to continuously be 24 exposed to is always constantly on our mind. We would 2532

Heritage Reporting Corporation (202) 628-4888 like this SSM rule to be put in place because then 1 guess what? It would help us better be able to 2 monitor the drift, because pollution has no 3 boundaries, and the impact on our communities and 4 other surrounding communities across this nation need 5 this rule to better protect the impoverished and 6 people of color communities. 7 We thank you for this opportunity and we 8 support you 100 percent. It will also allow for these 9 things to work in conjunction with the fence-line 10 monitoring, the SSM, the Clean Air Act, and the 11 executive orders that have been put into place. We 12 know that you are short-staffed and short-financed, 13 but these kind of rules will give us the power and the 14 tools to be able to help you do your job and help us 15 to be better educated on the things that we need to 16 know to protect our communities. Thank you so much 17 for this opportunity. 18 MR. DOUGHERTY: Thank you very much. 19 Terry McGuire. 20 MR. MCGUIRE: Hello. I'm Terry McGuire. 21 I'm a Washington representative with the Sierra Club. 22 I'm actually going to be reading comments from one of 23 our allies in Montana who couldn't be here today but 24 wanted their testimony submitted into the record. So 2533

Heritage Reporting Corporation (202) 628-4888 I'm speaking on behalf of Anne Hedges, H-E-D-G-E-S. 1 She's the deputy director for the Montana 2

Environmental Information Center. 3 Anne says: The Montana Environmental 4 Information Center appreciates EPA's efforts to 5 provide sideboards to the startup, showdown, 6 malfunction rule. MEIC is a member-supported, state7 based advocacy organization dedicated to protecting 8 and restoring Montana's natural environment. On 9 behalf of our 5,000 members in Montana and around the 10 country, we support EPA's proposal. 11 Nearly two decades ago MEIC encountered the 12

unfair nature of the SSM rule in Montana when we were 13 investigating continual compliance problems at two 14 cement kilns that were seeking permission to burn 15 hazardous waste. Montana's SSM rule is unduly broad 16 and allows for nearly any volume of pollution to be 17 put into the air during supposed SSM events. These 18 events can last minutes, hours, or even days and still 19 be excluded from permitted emission restrictions. 20 Over the years MEIC has reviewed thousands 21 of malfunction reports submitted to the Montana 22 Department of Environmental Quality from a wide range 23 of industries -- excuse me -- a wide variety of 24

industries. There is a consistent theme when 2534

Heritage Reporting Corporation (202) 628-4888 reviewing those documents. Regardless of the reported 1 reason for the malfunction or whether a particular 2 excess emission event should legally fall within the 3 legal definition of a malfunction, industry always 4

dismisses excess emissions as malfunctions or as 5 exempted under the rubric of a startup or shutdown. 6 The state very rarely follows up with any 7 investigation even when there are hundreds of hours of 8 malfunctions or startups/shutdowns within a short 9 period of time. These SSM periods of time can allow 10 unmitigated hazardous pollutants or harmful pollutants 11

into the air and cause distress for those with 12 respiratory illness. 13

The State of Montana does not have the 14 resources to install many ambient monitors for the 15 small number of pollutants that can be monitored in 16 that way, so there is no guarantee during these 17 reported SSM periods that public health is not in 18 jeopardy. 19 This provision in Montana law has become a 20 "get out of jail free" card for large industries 21 across the state. It is past time EPA puts some 22 sideboards on state programs like Montana's that do 23 little or nothing to verify the veracity of SSM 24 claims, let alone find an emission violation because 2535

Heritage Reporting Corporation (202) 628-4888 of harmful and avoidable air pollution. This type of 1

catch-all excuse leads to weak internal control 2 programs at facilities because they know that they 3 will not be penalized for excess emissions as long as 4 they are reported as a startup, shutdown, or 5 malfunction. MEIC urges you to close this loophole 6 and protect public health. 7 And I have a copy of this. I can also make 8

sure it's submitted into the record for Anne. 9 MR. DOUGHERTY: Great. Thank you very much. 10 MR. MCGUIRE: Thank you. 11 MR. DOUGHERTY: We're going to take a brief 12 recess until our next group of speakers get here. 13 (Whereupon, a short recess was taken.) 14 MR. DOUGHERTY: All right. We're going to 15 reopen the hearing. I'm sorry, what was your name? 16

MS. COOK: Kristin Cook. 17 MR. DOUGHERTY: Hi, Kristin Cook. 18 MS. COOK: Hi. Okay. Thank you for the 19 opportunity to speak in favor of the EPA's SSM SIP 20 Call Rule. As I said, my name is Kristin Cook, and I 21 live in nearby Maryland with my three children and 22

husband. 23 As you know, this new safeguard will 24 apparently close one heck of a loophole that's allowed 2536

Heritage Reporting Corporation (202) 628-4888 big polluters to spew and dump toxic pollution on its 1 neighboring communities without any penalties or 2 culpability. 3 Thank you, I thought there would be my 4 Sierra Club friends here, but thank you, Sierra Club, 5 for recognizing this pattern and fighting for the need 6 to prohibit states from including these affirmative 7 defense provisions for startup and shutdown, 8 malfunction events in the various state implementation 9 plans. 10 Truly quite a loophole this was. Those 11 affirmative defense provisions were like a plan to 12 fail and how profoundly unfair that that darn loophole 13 was to all those people who don't have the money to 14 live anywhere else but close to an asthma-inducing, 15 cancer-causing power plant. 16 So this is a very short speech. I ask the 17 EPA, you and everyone here, to keep strong in its 18 mission to protect the health of its citizens and 19 finalize this new rule. The polluters and their 20 politicians will make lots of excuses as to why they 21 can't or shouldn't comply, but don't they always. 22 So thank you and congratulations on making 23 substantial progress towards a more just and viable 24 world. That is all I have to say today. 2537

Heritage Reporting Corporation (202) 628-4888 MR. DOUGHERTY: Thank you very much. 1 MS. COOK: You're welcome. Now I can go 2

have breakfast. 3 (Pause off the record.) 4 MR. DE ARTEAGA: That was 10:55, right, my 5

time? 6

MR. DOUGHERTY: Yes. 7

MR. DE ARTEAGA: And what time is it now? 8

MR. DOUGHERTY: It is 10:56. 9 MR. DE ARTEAGA: Okay. 10 MR. DOUGHERTY: So, no, you're on time. 11 MR. DE ARTEAGA: No problem. 12 MR. DOUGHERTY: Thank you, Mr. de Arteaga. 13 You can start whenever you're ready. 14 MR. DE ARTEAGA: Oh, sorry. 15 MR. DOUGHERTY: No, no, please. No rush at 16

all. 17 MR. DE ARTEAGA: Great, thanks. Okay. 18 Okay, good morning. 19 MR. DOUGHERTY: Good morning. 20 MR. DE ARTEAGA: I'm José de Arteaga. I'm a 21 resident of Washington, D.C. and I'm a proud volunteer 22 of the D.C. Chapter of Sierra Club, and thank you for 23 the opportunity to speak at the U.S. EPA regarding 24 your proposed startup, shutdown, and malfunction rule 2538

Heritage Reporting Corporation (202) 628-4888 pursuant to the Clean Air Act. 1 In our federal system it's critical that the 2 EPA assure we have strong, effective individual state 3 implementation plans, and I embolden the U.S. EPA to 4 give voice to the vulnerable and voiceless and not to 5 the powerful few corporations. 6 The U.S. EPA works for the people, not the 7 polluters, so please close the loopholes that allow 8 big polluters to dump deadly toxins into our 9

communities. 10 I've been fortunate enough not to ever live 11 directly in a fence-line community and do not know if 12 there's anyone in this panel or in this room that has, 13 and we, that is, volunteer citizen lobbyists, are 14 consistently encouraged to incorporate personal 15 narratives regarding how these rules affect us when 16 engaging the executive, to include as the press would 17

call feature stories. 18 In this instance, my message is simply this 19 is an opportunity to help others; not that we are not 20 aware of the injustices of living in a fence-line 21 community, there are illustrations everywhere where 22 poor, mostly minority communities stomach the daily 23 onslaught of toxic discharge and other pollution as 24 the result of being the neighbor of a corporate 2539

Heritage Reporting Corporation (202) 628-4888 polluter. Communities like Norco, Louisiana, and 1 neighborhoods like right here in River Terrace in 2 Washington, D.C., where poor folks live near the 3 plants and facilities and the more affluent work at 4 the companies but, of course, don't live next door. 5 Let's correct this injustice and replace 6 fence-lines with green belts. Let's not pit 7 communities against each other and the false 8 dichotomies that favor industry. It's not a jobs 9 versus regulations narrative, or as long as the fence 10 line is over there by them and not here by us, where 11 do we want the job-creating industrial plant in this 12 state or that developing nation. Those are all false 13

dichotomies. Those are all divisive false narratives 14 produced or promulgated by the polluters. 15 Alternatively, an enlightened agency could 16 build a regulatory infrastructure and system that 17 creates economic fairness and environmental justice 18 not just because it's the morally right thing to do 19 but because it is in fact, as the data has shown, 20 economically the right thing to do. The math is 21 simple. It's tons more expensive to prevent 22 corporations to externalize the cost of production 23 onto the public generally and into the homes of fence24 line communities specifically than it is to formulate 2540

Heritage Reporting Corporation (202) 628-4888 a smart regulatory legal scheme that internalizes the 1 true cost of production prior to the product entering 2

the market unsubsidized. 3

We need to educate folks that it is more 4 expensive to permit polluters to literally dump onto 5 our communities and subsidize pollution and its 6 associated costs than it is to prevent and regulate 7

it. 8 For too long government itself has permitted 9 the polluters to control that false narrative, which 10 has not only flooded our communities with deadly 11 particulates and toxins but flooded our democracy with 12 dirty and political cash. Currently local communities 13 have to fund the costs of toxic cleanup, pollution 14 amelioration, lost revenue associated with depressed 15 real estate values, and public health expenditures, 16 monies that ought to be used for education and 17 greening our economy and communities. 18 Conversely, healthy air, greener local 19 communities thwart corruption and waste in government, 20 prompt innovation and entrepreneurialism, and build a 21 consumer base for the products and services of 22 corporations. Reconnecting the disconnected starts 23 with toxic-free neighborhoods and people that don't 24 need inhalers to make it through their day. Eliminate 2541

Heritage Reporting Corporation (202) 628-4888 the SSM loopholes and create a level playing field. 1 The civil rights and justice issues 2 implicated by the SSM loopholes are huge. What 3 message do we send to the next generation and to the 4 world if the USA has a codified legal system where 5 polluters are permitted to emit huge amounts of 6 harmful pollution and are not policed, prosecuted, 7 supervised, or held accountable? 8 Yet the level of policing, supervision, 9 judicial, and other forms of official state 10

involvement in these fence-line communities would 11 never be tolerated by these corporations or more 12 affluent communities. These communities don't get to 13 externalize their costs. Don't let the corporations 14

do it either. If the rule of law and law and order 15 are American values for individuals and for ordinary 16 communities, then these same values ought to apply to 17 corporations and polluters. 18 Let's replace fence lines with green belts, 19 stop writing rules that permit polluters to 20 externalize their costs, and most importantly let's 21 create a legal regulatory system that will help 22 protect some of society's most vulnerable communities, 23 those that live adjacent to power plants, refineries, 24 and other polluting industries. Those that live under 2542

Heritage Reporting Corporation (202) 628-4888the shadow of these big polluters are frequently low1

income and are communities of color. Let's model 2 fairness and opportunities, eliminate all SSM 3 loopholes from the U.S. EPA rules. Thank you. 4 MR. DOUGHERTY: Thank you very much. 5 Hi, come on up, please. 6 MR. DE ARTEAGA: Have a good day. 7 MR. DOUGHERTY: Thank you. You too. 8

MS. COLARVILLI: I'm also with The Sierra 9 Club. I think you're going to get a bunch of us 10 today. Should I just go ahead? 11 MR. DOUGHERTY: Yes, please. 12 MS. COLARVILLI: Okay. 13 MR. DOUGHERTY: Just say your name for the 14

formal record. 15

MS. COLARVILLI: Hello. I'm Kate 16 Colarvilli. I'm with The Sierra Club's Beyond Oil 17 Campaign, and speaking about how this rule impacts 18

refineries. 19 A colleague of mine said something recently 20 that stuck with me. He said, "I'm here out of love 21 for my children and desire to protect their health and 22 their future." And then he continued and he said, 23 "But I'm also here out of love for your children, for 24 the children of refinery executives and for oil 2543

Heritage Reporting Corporation (202) 628-4888 workers. I'm here to protect your children's health 1 and your children's future." 2 The EPA shutdown, startup, malfunction rule 3 is an important safeguard that will close a major 4 loophole that has for decades allowed big polluters to 5 dump huge amounts of toxic air pollution into 6 neighboring communities. By doing so, this rule will 7 help protect some of society's most vulnerable 8 communities, those that live adjacent to power plants, 9 refineries, and other polluting industries. Those 10 living under the shadow of these big polluters are 11 frequently low-income families and are communities of 12 color, but they also include the workers in these 13

facilities. 14 As responsible adults and community 15 decisionmakers, we need to be able to look at our kids 16 in the eyes when they ask us what we did to protect 17

their health and their air. EPA's SSM rule will have 18 meaningful and measurable results. 19 We cannot be fooled when the industry claims 20 that SSM events and resulting pollution are 21 unavoidable. I have seen oil refinery management do 22 everything they could to avoid modernizing their 23 equipment, simply because it made them money. 24 Companies who care about their neighboring communities 2544

Heritage Reporting Corporation (202) 628-4888 have shown that the industry can do better. Better 1 management practices and improved technologies can 2 help reduce the pollution burden that falls on the 3

shoulders of vulnerable communities as well as the 4 refinery workers. 5 As a national organization with millions of 6 members and supporters, Sierra Club is dedicated to 7 protecting the health and environment of all 8 Americans. No community member should be prevented 9 from living a healthy and full life because of the 10 burdens of industrial pollution. We praise EPA's SSM 11 rule as common-sense and necessary to protect our 12 health and environment. Thank you. 13 MR. DOUGHERTY: Thank you very much. 14 MS. COLARVILLI: Thanks again. I appreciate 15

it. 16 MR. DOUGHERTY: Thank you. Thanks for 17 coming in. Thank you. 18 (Whereupon, a recess was taken.) 19 MR. DOUGHERTY: It is 3 p.m. and we have not 20 had a speaker in over an hour, so we are closing the 21 hearing for today. Thank you. 22 (Whereupon, at 3:00 p.m., the hearing in the 23 above-entitled matter was concluded.) 24 // 2545

Heritage Reporting Corporation (202) 628-4888 REPORTER'S CERTIFICATE

DOCKET NO.: N/A CASE TITLE: SSM SIP Call -- Supplemental Public Hearing HEARING DATE: October 7, 2014 LOCATION: Washington, D.C.

I hereby certify that the proceedings and evidence are contained fully and accurately on the tapes and notes reported by me at the hearing in the

above case before the U.S. Environmental Protection Agency.

Date: October 7, 2014

LaShonne Robinson Official Reporter Heritage Reporting Corporation Suite 600 1220 L Street, N.W. Washington, D.C. 20005-4018