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 UNITED STATES OF AMERICA

 ENVIRONMENTAL PROTECTION AGENCY

 + + + + +

 PUBLIC HEARING ON EPA'S PROPOSED RULE

 REGARDING REVISION TO THE SECONDARY

 NATIONAL AMBIENT AIR QUALITY STANDARDS

 FOR OXIDES OF NITROGEN AND OXIDES OF SULFUR

 + + + + +

 THURSDAY

 AUGUST 25, 2011

 + + + + +

 ARLINGTON, VIRGINIA

 + + + + +

 The Public Hearing convened at the

U.S. Environmental Protection Agency, in Room

S-1204-06 of the EPA One Potomac Yard South

Building, 2777 South Crystal Drive, at 10:00

a.m., Randy Waite, Chair, presiding.

EPA STAFF PRESENT:

 RANDY WAITE, Chair and Designated

 Federal Official

 GINGER TENNANT, Hearing Officer
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COMMENTERS PRESENT:

 HOWARD J. FELDMAN, American Petroleum 

 Institute

 PATRICIA BREWER, National Park Service

 GIEDRIUS AMBROZAITIS, Alliance of

 Automobile Manufacturers

1 P-R-O-C-E-E-D-I-N-G-S
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1 10:01 a.m.

2 CHAIR WAITE: Good morning and

3 thank you for attending this public hearing on

4 the Environmental Protection Agency's Proposed

5 Revisions to the Secondary Standards for

6 Oxides of Nitrogen and Oxides of Sulfur.

7 My name is Randy Waite, and I am a

8 Senior Staff Member of the Health and

9 Environmental Impacts Division of the Office

10 of Air Quality Planning and Standards which is

11 part of EPA's Office of Air and Radiation. I

12 will be chairing today's hearing.

13 We are here today to listen to

14 your comments on EPA's proposed revisions to

15 the Secondary National Ambient Air Quality

16 Standards, or NAAQS, for Oxides of Nitrogen

17 and Oxides of Sulfur, or NOx and SOx in

18 shorthand.

19 As a reminder, this is a hearing,

20 an opportunity for the public to comment on

21 EPA's proposed rule. The panel members may

22 answer questions that seek to clarify what we
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1 have proposed, but the purpose of this hearing

2 is to listen to your comments, not to discuss

3 or debate the proposals.

4 Before we begin the comment

5 period, I want to thank each of you for

6 coming, especially those of you who have

7 traveled to be here. Your input is an

8 important part of this process.

9 I will begin by briefly describing

10 the proposed rule that is the subject of

11 today's hearing. The proposed rule was

12 published in the Federal Register on August 1,

13 2011.

14 NOx and SOx can react with other

15 chemicals in the air to form various acidic

16 and nonacidic compounds. When these compounds

17 fall to the ground or enter lakes and streams,

18 they can cause a number of harmful effects on

19 soils, water quality, fish and wildlife. 

20 EPA's review of the science shows that the

21 current secondary standards for NOx and SOx do

22 not protect against these effects, and more
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1 protective standards are necessary.

2 After careful consideration of the

3 scientific evidence, advice from EPA's Clean

4 Air Scientific Advisory Committee, or CASAC,

5 and public comments, the Administrator has

6 proposed to adopt new secondary standards for

7 both pollutants. The new standards would be

8 set at the same level as the public health

9 standards finalized last year: 100 parts per

10 billion for NO2 and 75 parts per billion for

11 SO2, both measured over one hour.

12 NOx and SOx in the ambient air can

13 also damage plants and trees, decreasing their

14 ability to produce food and limiting their

15 growth. EPA's review of the science shows

16 that the existing secondary standards which

17 are .053 parts per million measured on an

18 annual basis for NO2 and .5 parts per million

19 measured over three hours for SO2 protect

20 against these types of effects. And therefore

21 EPA is proposing to retain these standards.

22 EPA has made significant progress
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1 in developing a multi-pollutant standard that

2 would address the indirect effects NOx and SOx

3 have on sensitive ecosystems. While there is

4 strong scientific support for developing this

5 type of standard, EPA does not yet have enough

6 information to set a standard that adequately

7 protects the diverse ecosystems across the

8 country. EPA is planning a field pilot

9 program to collect and analyze additional data

10 and information that would help inform the

11 next five-year review of the standards for NOx

12 and SOx.

13 Additional information on the

14 proposed rule can be found in the fact sheet

15 available in the registration area. 

16 Publication of the rule on August 1, 2011

17 marked the beginning of the 60-day public

18 comment period which closes on September 30,

19 2011. The fact sheet also contains detailed

20 information for submitting written comments. 

21 EPA will issue a final rule by March 20, 2012.

22 Now let met turn to the comment
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1 portion of today's hearing. We will preparing

2 a written transcript of this hearing. The

3 transcript will be available as part of the

4 official record for the rule.

5 Today's hearing will work as

6 follows. I will call the scheduled speakers

7 to the microphone in pairs. When you're up

8 there and it's your turn, please state your

9 name and your affiliation. It will help our

10 transcriber if you also spell your name.

11 In order to be fair to everyone,

12 we are asking that you limit your testimony to

13 five minutes each. After you finish your

14 testimony, a panel member may ask clarifying

15 questions.

16 As I mentioned, we are

17 transcribing today's hearing, and each

18 speaker's oral testimony will become part of

19 the official record. Please be sure to give

20 a copy of any written comments to our staff at

21 the registration table. We will put the full

22 text of your written comments into the docket
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1 for you.

2 We have a timekeeping system

3 consisting of green, yellow and red lights. 

4 When you begin speaking, the green light will

5 come on. You will have five minutes to speak. 

6 The yellow light will signal that you will

7 have two minutes left to speak. We will ask

8 you to stop speaking when the red light comes

9 on.

10 We will try to ensure everyone has

11 an opportunity to comment. If you'd like to

12 testify but have not registered to do so,

13 please sign up at the registration table. And

14 we will take breaks periodically during the

15 day.

16 For those who have already

17 registered to speak, we have tried to

18 accommodate your request for specific time

19 slots. We ask for your patience as we proceed

20 through the list which is actually relatively

21 short today. We may need to make some minor

22 adjustments as the day progresses.
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1 And now I'd like to introduce the

2 other EPA representative on our panel. This

3 is Ginger Tennant, who is also with the Office

4 of Air Quality Planning and Standards.

5 I would like to thank each of you

6 again for participating today. And so let's

7 get started in the dark.

8 First up, we have Howard Feldman

9 and then Patricia Brewer.

10 Can you see alright over there?

11 MR. FELDMAN: Yes. If you could

12 put the lights on, I don't think it would be

13 bad. I don't think we'll throw the day's

14 schedule if we wait a minute.

15 CHAIR WAITE: They ran to get the

16 people in charge of technical support.

17 I apologize for our technical

18 difficulties.

19 Okay. Now that we have light, Mr.

20 Feldman, please continue.

21 MR. FELDMAN: Okay. Thank you.

22 Good morning. I'm Howard J.
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1 Feldman, Director of Regulatory and Scientific

2 Affairs at the American Petroleum Institute. 

3 API is the primary trade association for

4 America's oil and natural gas industry

5 representing more than 475 oil and natural gas

6 companies, leaders of the technology-driven

7 industry that supplies much of America's

8 energy, supports more than 9.2 million U.S.

9 jobs and 7.5 percent of the U.S. economy.

10 Since 1990, the oil and gas

11 industry has invested more than $175 billion

12 towards improving the environmental

13 performance of its products, facilities,

14 operations, and many of the investments in

15 cleaner fuels will continue to improve air

16 quality in the years ahead.

17 In the recent proposal on the

18 secondary standards for oxides of nitrogen and

19 sulfur, EPA's Administrator set an important

20 precedent when she rejected the staff

21 recommendation to establish these secondary

22 air quality standards. The staff alleged that
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1 these pollutants were causing aquatic

2 acidification without being able to show a

3 direct or consistent connection.

4 EPA's Clean Air Science Advisory

5 Committee found that "a revised NAAQS is

6 warranted." However, the evidence was not

7 strong in the Administrator's view, and she

8 made the policy decision not to propose

9 establishing the standards. While we do not

10 agree with her substitute proposal for a pilot

11 program, her policy decision to reject the

12 staff's recommendation to impose a combined

13 secondary standard for these pollutants was

14 sound.

15 The entire approach considered for

16 this SOx/NOx secondary standard was fraught

17 with technical and statutory authority

18 problems. For example, while the Clean Air

19 Act NAAQS provide for the potential of

20 establishing the secondary NAAQS when

21 necessary to protect public welfare and

22 adverse ecosystem impacts, Congress in the
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1 1990 Clean Air Act Amendments specifically

2 addressed this issue with the Title IV Acid

3 Rain Program. In reviewing the legislative

4 history, it appears that the EPA staff

5 recommendation to establish an acidification6 based secondary NAAQS is not consistent with

7 the intent of Congress.

8 The Clean Air NAAQS are to be

9 nationwide, appropriately protective of

10 ambient concentrations for each of their

11 criteria air pollutants. EPA staff

12 recommendations were inconsistent with this

13 pattern and veered off course with the

14 development of a novel metric, the Atmospheric

15 Acidification Potential Index. This

16 unprecedented approach leads to nationally

17 variable acceptable concentrations of NOx and

18 SOx. This is nothing like any previously

19 adopted NAAQS and is arguably not allowable

20 under the Clean Air Act.

21 We'll provide more detail in our

22 written comments.
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1 Even without this standard,

2 progress in air quality and aquatic deposition

3 will continue due to other standards and

4 requirements and this secondary standard is

5 unnecessary. Furthermore, on Tuesday the

6 White House reiterated the need to streamline

7 regulations and consider both the costs and

8 benefits of regulations. Clearly this

9 secondary standards is not needed now.

10 For the sake of the economy and

11 jobs, the Administrator should exercise the

12 same sound policy judgment on the ozone

13 standard now under review at the White House. 

14 This review is strictly discretionary, not

15 required by statute or a court, and the harm

16 it could cause to the economy and jobs is

17 quite serious. And we're concerned. Some

18 businesses under the ozone standard might have

19 to reduce the size of their operations. Some

20 could need to look for new places to locate to

21 avoid the higher costs. Some might even leave

22 the country. The result would be a slow-
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1 motion process of job losses and dislocation

2 in communities across America.

3 EPA has said that that ozone rule

4 could cost $90 billion but we know that number

5 is way low. A Manufacturers' Alliance study

6 estimates that as many as 7.3 million jobs

7 could be lost by 2020 and costs of $1 trillion

8 per year imposed on the economy.

9 Those standards would heavily

10 impact energy, both energy producers and

11 energy consumers. For example, here in the

12 U.S., it may be impossible in many places to

13 expand a refinery or drill for more oil and

14 gas unless it can be done without increases in

15 emissions. This could lead to greater imports

16 from foreign suppliers unaffected by the U.S.

17 emission control requirements.

18 With 25 million Americans

19 unemployed or underemployed today, it's hard

20 to understand why the Administration is

21 considering a standard so potentially harmful

22 to the nation's future prospects, a standard
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1 that makes a mockery of the Administration's

2 program to eliminate or modify rules that are

3 unnecessary, costly or burdensome just

4 emphasized earlier this week.

5 As I've already stated, no court

6 or statute is compelling EPA action on the

7 ozone standard. EPA has the option to simply

8 move forward with the normal five-year review

9 that is already underway. Meanwhile, existing

10 emissions controls would continue to produce

11 cleaner air.

12 For the sake of American workers

13 and for the American economy, we again urge

14 the Administration and EPA to take a step

15 back. It's not too late.

16 Thank you.

17 CHAIR WAITE: Thank you, Mr.

18 Feldman.

19 One question I have, you were

20 commenting that you support the

21 Administrator's decision not to set the index

22 standard or the multi-pollutant standard. Do
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1 you then support the secondary standard that

2 she's proposing?

3 MR. FELDMAN: The secondary

4 standard is the same as the primary standard.

5 CHAIR WAITE: Right. So you do

6 support that part of it?

7 MR. FELDMAN: Yes.

8 CHAIR WAITE: Okay. Thank you.

9 Thank you very much.

10 MR. FELDMAN: Thank you.

11 CHAIR WAITE: Next up, Ms. Brewer.

12 MS. BREWER: Hi. I'm Patricia

13 Brewer and I'm representing the National Park

14 Service.

15 And the National Park Service

16 would like to commend EPA for the innovative

17 approach to define an ecologically relevant

18 secondary standard for oxides of nitrogen and

19 sulfur. The aquatic acidification index

20 eloquently links the atmospheric

21 concentrations of these pollutants with

22 deposition and with ecological impacts. And
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1 we agree with the Clean Air Science Advisory

2 Committee that the scientific basis for this

3 aquatic acidification index is both sound and

4 well supported.

5 And as an aside, I would say that

6 I'm probably going to contradict much of which

7 my predecessor said. But I think we would

8 both expect that.

9 The Park Service disagrees with

10 EPA's decision to not set a separate secondary

11 standard for NOx and SOx at this time. As you

12 stated, Randy, EPA has clearly demonstrated

13 that the current secondary standards are

14 inadequate to protect sensitive ecosystems. 

15 EPA has also clearly demonstrated the

16 resources are being adversely impacted at

17 current levels of deposition and that

18 additional reductions are needed.

19 Shenandoah and Great Smoky

20 Mountains National Parks encompass some of the

21 most acid-sensitive ecosystems in our country. 

22 And we believe that the risks of not acting
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1 now far outweigh the risks of proceeding while

2 some uncertainties remain.

3 We disagree with EPA's assertion

4 that the uncertainties prevent EPA from

5 setting a level of the aquatic acidification

6 index. For example, EPA cited a lack of

7 monitoring data in the West as one of the

8 uncertainties. And yet, EPA has set primary

9 standards for ozone PM, NO2 and SO2 despite a

10 lack of monitoring data in the West to

11 describe the spatial variability for these

12 pollutants.

13 EPA cites a need for additional

14 atmospheric and water quality monitoring and

15 proposed a pilot program to address these data

16 gaps. Yet the funding for this pilot program

17 has not been identified. And the Park Service

18 wants to encourage EPA to demonstrate their

19 commitment to follow through by clearly

20 identifying the needed funding for this

21 effort.

22 The pilot program has proposed to
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1 focus on monitoring for the characterization

2 of gaseous SO2 particle sulfate and SO4 and

3 NOy. The Park Service agrees with the need to

4 evaluate these methods and would like to

5 participate with EPA in this effort.

6 We also want to encourage EPA to

7 include the water quality monitoring in this

8 pilot program. I didn't see that stated in

9 the design. We encourage EPA to establish the

10 regulatory requirements for such monitoring

11 because in the past without a secondary

12 standard, the imperative to do the monitoring

13 we knew was needed has not come about.

14 The implementation challenges for

15 a secondary standard are very real. But it is

16 not appropriate to delay setting deposition17 based standards until all of these challenges

18 have been resolved. Because EPA can provide

19 states greater flexibility in attaining the

20 secondary standard, we believe that EPA can

21 set new deposition-based standards without

22 imposing undue burden on the states and the
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1 regulatory community. This would allow the

2 states to begin planning now for attainment in

3 the context of other ongoing regulatory

4 efforts.

5 The one-hour primary standards for

6 NO2 and SO2 as proposed by EPA as an

7 alternative are not ecologically relevant to

8 protect sensitive ecosystems. And in fact,

9 EPA did not provide evidence that the

10 reductions necessary to attain a one-hour

11 standard would provide the reductions to

12 deposition at sensitive receptors. It would

13 be preferable to set deposition-based

14 standards now and then refine them as better

15 information becomes available rather than

16 adopting as a secondary standard levels that

17 are not reflective of ecosystems.

18 And the Park Service will be

19 submitting written comments before the end of

20 the period.

21 Thank you.

22 CHAIR WAITE: Thank you very much.
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1 Do you have any questions?

2 MS. TENNANT: I don't have any.

3 CHAIR WAITE: No questions for

4 clarification. Thank you.

5 Thank you, both.

6 At this point, I do not have

7 anyone else listed as wishing to provide

8 public comment. We do have another commenter

9 scheduled for later in the day once his plane

10 gets in. That's at 11:45.

11 Are there others here that would

12 like to provide public comment?

13 (No audible response.)

14 CHAIR WAITE: Then at this point,

15 I will recess the hearing until such time as

16 we have someone that would like to provide

17 public comment.

18 Thank you.

19 (Whereupon, at 10:21 a.m., off the

20 record until 11:22 a.m.)

21 CHAIR WAITE: At this point, we'll

22 re-open the hearing.
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1 Whenever you're ready.

2 MR. AMBROZAITIS: Okay. Thank you

3 very much.

4 My name is Giedrius Ambrozaitis. 

5 And I'm here today representing the Alliance

6 of Automobile Manufacturers. The Alliance is

7 an association of 12 vehicle manufacturers

8 including BMW Group, Chrysler Group LLC, Ford

9 Motor Company, General Motors Company, Jaguar

10 Land Rover, Mazda, Mercedes-Benz USA,

11 Mitsubishi Motors, Porsche, Toyota, Volkswagen

12 Group of American and Volvo Cars of North

13 America.

14 The Alliance members recognize the

15 importance of ensuring clean air and setting

16 air quality standards at a level that protects

17 public health. Our air is cleaner today than

18 it was a generation ago, and air quality is

19 continuing to improve. Our nation's air is

20 getting cleaner even as our economy grows and

21 vehicles travel more and more miles. 

22 According to EPA's most recent air trends
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1 analysis, since 1990 nationwide air quality

2 has improved significantly for the six common

3 air pollutants. Nationally over this time

4 period, ozone has decreased 14 percent, fine

5 particulate matter has decreased 19 percent,

6 nitrogen dioxide has decreased 35 percent,

7 sulfur dioxide has decreased by 59 percent and

8 carbon monoxide has decreased by 68 percent.

9 Investments and improvements in

10 vehicle technology and manufacturing processes

11 are a major part of this success story. 

12 Today's vehicles have 99 percent fewer smog13 forming emissions than vehicles of the 1970s. 

14 Further, significant additional emission

15 reductions will occur over the next 20 years

16 as a result of already promulgated regulations

17 for mobile sources. According to EPA's own

18 statistics, emissions from cars and trucks are

19 expected to be reduced by an additional 70

20 percent by 2030. These reductions will help

21 to reduce criteria pollutant concentrations

22 across the country, and the improvements to
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1 air quality as a result of these reductions

2 will continue to occur.

3 The Alliance supports EPA's

4 proposal to retain the existing secondary

5 standards for NOx and SOx, specifically the

6 current NO2 standard of 0.053 parts per

7 million average over a year and the SO2

8 standard of 0.5 parts per million averaged

9 over three hours, not to be exceeded more than

10 once per year.

11 We agree with EPA's conclusion

12 that the current secondary standards are

13 adequate to protect against direct phytotoxic

14 effects on vegetation and agree that they

15 should be retained to protect watershed

16 ecosystems against adverse effects of acidic

17 deposition. However, EPA recommends that such

18 a standard employ total reactive oxidized

19 nitrogen and SO2 as the atmospheric ambient

20 air indicators to a form that takes into

21 account variable factors such as atmospheric

22 and ecosystem conditions that modify the
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1 amounts of deposited nitrogen and sulfur, the

2 distinction between oxidized and reduced forms

3 of nitrogen, effects of deposited nitrogen and

4 sulfur on aquatic ecosystems in terms of the

5 ecological indicator ANC.

6 EPA further concludes that the

7 existing annual NO2 and three-hour SO2

8 secondary standards are not ecologically

9 relevant and thus are not appropriate to

10 provide protection of ecosystems. Despite

11 this conclusion, EPA has proposed to adopt the

12 recently established one-hour primary NO2 and

13 SO2 standards as secondary standards as well.

14 EPA acknowledges that this form is

15 inappropriate but rationalizes that the

16 Administrator recognizes that the new NO2 and

17 SO2 primary one-hour standard set in 2010,

18 while not ecologically relevant for a

19 secondary standard will nonetheless result in

20 reductions in oxides of nitrogen and sulfur

21 that will directionally benefit the

22 environment by reducing NOy and SOx deposition
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1 to sensitive ecosystems.

2 The adoption of such standards is

3 unnecessary to drive further emission

4 reductions of SO2 and NO2. This is because

5 many other regulations are being proposed or

6 are already in place that have reduced these

7 emissions and will continue to do so. These

8 regulations include but are not limited to the

9 Tier 2 vehicle regulations which will continue

10 to reduce NOx emissions as new vehicles

11 replace older ones and 2) the recent diesel

12 tailpipe and fuel sulfur regulations, and 3)

13 the recent off-road vehicle emissions rule, 4)

14 the state implementation plans developed to

15 meet the PM and ozone NAAQS and Regional Haze

16 Rule, and 5) the NOx and SOx reductions

17 mandated by the Cross-State Air Pollution

18 Rule.

19 Regarding the Aquatic

20 Acidification Index, we agree with EPA that it

21 is premature to adopt an aquatic acidification

22 index-based standard -- AAI. EPA defines AAI
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1 in terms of a watershed acid neutralizing

2 capacity using a equation with F1, F2, F3 and

3 F4 terms.

4 Regarding the equation --

5 CHAIR WAITE: You may finish up.

6 MR. AMBROZAITIS: Oh, okay.

7 CHAIR WAITE: You may finish what

8 you have here.

9 MR. AMBROZAITIS: Okay. Thank

10 you.

11 F1 represents the pristine state

12 ANC of the watershed before an industrialized

13 society existed. As stated in the NPRM, a

14 secondary standard as defined in Section

15 109(b)(2) must specify a level of air quality,

16 the attainment and maintenance of which in the

17 judgment of the Administrator based on such

18 criteria is requisite to protect the public

19 welfare from any known or anticipated adverse

20 effects associated with the presence of the

21 pollutant in the ambient air. It is

22 unrealistic to assume that such a pristine
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1 state is requisite to protect public welfare.

2 Furthermore, we agree with EPA

3 that relatively large uncertainties are

4 introduced by a lack of data with regard to

5 pre-industrial environmental conditions and

6 other parameters that are necessary inputs to

7 critical load models that are the basis for

8 the factor F1 in the AAI equation. 

9 Consequently, we do not think there's an

10 adequate scientific basis for the

11 establishment of realistic F1 values, nor do

12 we think that a pristine state is requisite to

13 protect the welfare.

14 F2 is the contribution in the

15 equation. This is a contribution of ammonia

16 and ammonium compounds to the net

17 acidification of the watershed. Since these

18 substances are not routinely measured, EPA

19 intends to rely on estimated concentrations

20 using a complex atmospheric model that has had

21 an inadequate performance evaluation.

22 In the NPRM, EPA states
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1 observational data are not generally available

2 to evaluate the modeled relationships between

3 nitrogen and sulfur in the ambient air and

4 associated deposition which are the basis for

5 the other factors -- F2, F3 and F4 in the AAI

6 equation. It would inappropriate to base a

7 NAAQS on a variable that does not have

8 reliable data.

9 F3 and F4 are the transference

10 rations that convert the measured ambient

11 concentrations of NOy and SOx into annual

12 deposition rates. These two suffer from the

13 fact that there are insufficient data to

14 conduct an adequate model performance

15 evaluation on the estimates of these important

16 functions. In addition, as we have documented

17 in our previous comments, most of the

18 deposition over most of the U.S. occurs from

19 wet deposition which is a function of the NOy

20 and SOx concentrations at cloud level and not

21 at ground level where these species will be

22 measured. The absence of reliable data should
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1 preclude using this approach to determine

2 attaintment or nonattainment of a NAAQS.

3 The Alliance appreciates this

4 opportunity to testify. We will also be

5 submitting written comments on the proposal. 

6 And I would be happy to answer any questions.

7 Thank you.

8 CHAIR WAITE: Thank you very much.

9 Ginger, any clarifying questions?

10 MS. TENNANT: No, I don't have any

11 questions.

12 CHAIR WAITE: I appreciate your

13 traveling here to present these comments. And

14 we'll certainly take them under consideration.

15 MR. AMBROZAITIS: Okay. Thank you

16 very much.

17 CHAIR WAITE: Thank you.

18 At this point, I'll ask once again

19 if we have anyone else that wishes to present

20 public comments.

21 (No audible response.)

22 CHAIR WAITE: And if not, I will
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1 go ahead and temporarily close the hearing

2 until such time as we have further commenters.

3 Thank you.

4 (Whereupon, at 11:32 a.m., off the

5 record until 1:01 p.m.)

6 CHAIR WAITE: It is now 1:00

7 o'clock. And as scheduled in the Federal

8 Register, we will be taking a lunch break from

9 1:00 to 2:30.

10 (Whereupon, at 1:02 p.m., off the

11 record until 6:59 p.m.)

12 CHAIR WAITE: It is now 7:00

13 o'clock. And given that there are no further

14 commenters, we are closing the public hearing.

15 (Whereupon, at 6:59 p.m., the

16 hearing was adjourned.) 

17

18

19

20

21

22
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A

AAI 26:22,22 28:8

29:5

ability 5:14

able 11:2

absence 29:22

acceptable 12:17

accommodate 8:18

account 24:21

acid 12:2 27:1

acidic 4:15 24:16

acidification 11:2

12:5,15 16:19

17:3 18:5 26:20

26:21 28:17

acid-sensitive

17:21

acknowledges

25:14

Act 11:19 12:1,20

acting 17:22

action 15:6

addition 29:16

additional 6:9,13

17:18 18:13 23:14

23:19

address 6:2 18:15

addressed 12:2

adequate 24:13

28:10 29:14

adequately 6:6

adjourned 31:16

adjustments 8:22

Administration

14:20 15:14

Administration's

15:1

Administrator 5:5

10:19 13:11 25:16

27:17

Administrator's

11:7 15:21

adopt 5:6 25:11

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species 29:21

specific 8:18

specifically 12:1

24:5

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spell 7:10

staff 1:21 3:8 7:20

10:20,22 12:4,11

staff's 11:12

standard 6:1,5,6

11:13,16 13:1,4

13:13,18 14:21,22

15:7,22,22 16:1,4

16:4,18 17:11

19:12,15,20 20:11

20:16 24:6,8,18

25:17,19 26:22

27:14

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5:7,9,16,21 6:11

9:4 10:18,22 11:9

13:3,9 14:9 17:13

18:9 19:17,21

20:5,14 22:16

24:5,12 25:8,13

25:13 26:2

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state 7:8 26:14

27:11 28:1,12

stated 15:5 17:12

19:8 27:13

states 1:1 19:19,22

20:2 28:22

statistics 23:18

statute 13:15 15:6

statutory 11:17

step 15:14

stop 8:8

story 23:11

streamline 13:6

streams 4:17

strictly 13:14

strong 6:4 11:7

study 14:5

subject 4:10

submitting 6:20

20:19 30:5

substances 28:18

substitute 11:10

success 23:11

suffer 29:12

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sulfur 1:8 3:6,17

10:19 16:19 23:7

25:1,4,20 26:12

29:3

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T

table 7:21 8:13

tailpipe 26:12

take 8:14 15:14

30:14

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11:17

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technology-driven
202-234-4433

Neal R. Gross & Co., Inc.

Page 37

10:6

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21:2 30:10

terms 25:4 27:1,3

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testimony 7:12,14

7:18

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20:22 21:4,5,18

22:2 27:9 30:7,8

30:15,17 31:3

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28:9,12

three 5:19 24:9

three-hour 25:7

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time 8:18 17:11

21:15 23:3 31:2

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today 3:13 8:21 9:6

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today's 3:12 4:11

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trade 10:3

transcriber 7:10

transcribing 7:17

transcript 7:2,3

transference 29:9

travel 22:21

traveled 4:7

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trees 5:13

trends 22:22

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wants 18:18

warranted 11:6

water 4:19 18:14

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27:1,12 28:17

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week 15:4

welfare 11:21

27:19 28:1,13

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wet 29:19

we'll 9:13 12:21

21:21 30:14

we're 13:17

White 13:6,13

wildlife 4:19

wishes 30:19

wishing 21:7

work 7:5

workers 15:12

written 6:20 7:2,20

7:22 12:22 20:19

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year 5:9 14:8 24:7

24:10

years 10:16 23:15

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$175 10:11

$90 14:4

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1:01 31:5

1:02 31:10

10:00 1:19

10:01 3:1

10:21 21:19

100 5:9

109(b)(2) 27:15

11:22 21:20

11:32 31:4

11:45 21:10

12 22:7

14 23:4

19 23:5

1970s 23:13

1990 10:10 12:1

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2

2 26:9,11

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20 6:21 23:15

2010 25:17

2011 1:11 4:13 6:16

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2020 14:7

2030 23:20

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3 26:12

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475 10:5

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NEAL R. GROSS

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 

C E R T I F I C A T E

This is to certify that the foregoing transcript 

In the matter of: 

Before: 

Date: 

Place: 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

 

 ----------------------- Court Reporter 

38

Public Hearing

EPA

08-25-11

Arlington, VA