12   should be mandated to put at least a two-level tree

         13   buffer along the interstate along with some kind of

         14   impervious barrier to keep dust from coming into

         15   the neighborhoods in the urban areas.  So those are

         16   things that I really wish that EPA, which is one of

         17   the better agencies in the government and I used to

         18   be a government employee so I can say that.  I hope

         19   that EPA not only strengthens as it (inaudible)

         20   back down to (inaudible) if we have to in urban

         21   areas, but also put some pressure on DOT to get

         22   some help from DOT because I think that cars and

         23   fossil-fuel emissions are one the biggest things

         24   that we have in ozone problems.  Thank you so much.

         25        MR. PAGE:  Mr. Black, ready?

                                                                       158

          1        MR. BLACK:  Sure thing.  I'm Michael Black and

          2   I am coming here as an individual and not

          3   representing a group.  I'm a research scientist at

          4   Georgia State University and I'm concerned that the

          5   EPA scientific documents aren't holding much weight

          6   in the current policy realms as I think they

          7   should, so I wanted the urge the EPA to set the

          8   standard at 0.064 ppm or lower to reduce the ozone

          9   related deaths as much as 75 percent.  Even

         10   considering a standard between 0.070 and 0.080 ppm

         11   would put the health of millions of Americans at

         12   risks and I think it's a fool's task.  Ozone is a

         13   powerful airway irritant that damages lungs, sends

         14   sensitive people to the hospital and increases the

         15   development of asthma in children.  I also ask that

         16   that rounding loophole that lets regulators round

         17   down to the nearest two decimal places be removed

         18   because we can detect these at lower levels very

         19   easily now and the rounding loophole doesn't really

         20   need to exist.  My wife is a doctor and while she

         21   worked at Children's Hospital in Scottish Rite, you

         22   could tell the asthma cases coming into the

         23   hospital when it was an orange or a red day.  You

         24   didn't even have to look.  The costs emotionally

         25   and financially to families is too a high a price

                                                                       159

          1   to pay, even if we were looking at the economics.

          2        As an Atlantan resident often exposed to high

          3   levels of ozone in the air, I know that there won't

          4   be a real push for change unless EPA regulations

          5   cause that to be required.  I worry about the

          6   current trends I've seen in the scientific evidence

          7   such as the 2005 set standard  for particulate

          8   matter.  I think we need to take into account

          9   independent scientific research and weigh it more

         10   than it has been weighed rather than just looking

         11   at recommendations of political appointees and

         12   staff scientists.  And I just wanted to thank you

         13   for letting me speak and give my input on this

         14   important issue.

         15        MR. PAGE:  Thank you.  I have a question:

         16   You said you support a level of 0.064 ppm?

         17        MR. BLACK:  Yes or lower.

         18        MR. PAGE:  Thank you both for coming today.

         19   We appreciate it very much.

         20        Our next speakers are Dr. Gerald Durley and

         21   Ms. Judy Adler.

         22        MS. ADLER:  Thank you for the opportunity to

         23   speak this morning.  My name is Judy Adler and I'm

         24   a resident of the City of Atlanta.  I am

         25   representing myself although I am an environmental

                                                                       160

          1   engineer by training.  I'm speaking this morning to

          2   urge EPA to make the standard more protective of

          3   public health.  As someone who suffers from asthma

          4   personally, I know first-hand how bad air affects

          5   health.  This summer I have experienced more

          6   instances of wheezing and shortness of breathe,

          7   like I am from walking to my office to over to

          8   here, than any other time in my life.  I'm sure you

          9   know this already, but it's my understanding that

         10   there is a 14-year study that was published in the

         11   Journal of the American Medical Association that

         12   says that lowering the standard would save 4,000

         13   lives per year in the U.S.  This is more Americans

         14   that were killed on September 11th, this is more

         15   Americans that have died in the Iraq war to date.

         16        Lowering the standard would force our public

         17   officials to work harder to clean our air.  It is

         18   clear that the current standards are not likely to

         19   change, that we need, especially here in metro

         20   Atlanta.  If you look at the ARC's Regional

         21   Transportation Plan that was released, you will see

         22   that building roads is prioritized over transit.

         23   If you attend public hearings of the Public Service

         24   Commission or if you look at permitting of

         25   Environmental Protectional Division, you will see

                                                                       161

          1   that they still prioritize building whole plans

          2   over efficiency and other clean energy solutions.

          3        And finally I just want to say as a mother of

          4   a two-year-old, I urge you to make the right

          5   decision.  As you know, ozone exposure childhood

          6   can result in permanently stunted lung function.

          7   Studies show that if my daughter chooses to play

          8   soccer or ran track or some other outdoor activity,

          9   she is three times more likely to develop asthma

         10   compared to a child that lives in a city that does

         11   not have high ozone levels.  Now, as a mom I really

         12   would like my daughter to not have to be like her

         13   mom and carry an inhaler in her purse everywhere

         14   she goes.  Thank you.

         15        MR. PAGE:  Thank you.

         16        MR. DURLEY:  Good afternoon.  My name is

         17   Gerald Durley.  I'm the Pastor of Providence

         18   Missionary Baptist Church also the former Pastor of

         19   the Concerned Black Clergy here in Atlanta

         20   representing close to 400 churches and I'm the

         21   Chair of Regional Council of Churches which

         22   constitute a little over 2,000 churches in the

         23   metropolitan area of all denominations.

         24        As a leader in Atlanta's faith community I

         25   urge to adopt the scientist agree is most

                                                                       162

          1   protective population, 0.060 ppb.  Ozone pollution

          2   disproportionately affects urban and minority kids

          3   resulting in terribly high asthma rates among black

          4   children.  I have been on the Board of Hughes

          5   Spalding Children's Hospital here in Atlanta for

          6   about seven years and right now the rate of asthma

          7   Ms. Adler talked about is unbelievable and this is

          8   something that we're very much concerned about,

          9   particularly in the urban areas.  According to a

         10   national study in 2000 -2002, 71 percent of

         11   African-Americans live in counties that violated

         12   federal air pollution standards compared to 58

         13   percent of the white population.  It's not

         14   surprising then that asthma rates are also higher

         15   African-American children than white children.

         16   According to the most recent data of Georgia, while

         17   10 percent of white children ages 0 to 10 have

         18   asthma, the figure is 12 percent for black

         19   children.  In addition, in Georgia, blacks are

         20   three times more likely to visit an emergency room

         21   with asthma than whites.  Children living now in

         22   low-income households are also at greater risk.  17

         23   percent of children ages 0 to 10 in households

         24   earning $20,000 or less suffer from asthma compared

         25   to 10 percent children overall.  We also know that

                                                                       163

          1   Fulton County asthma rates are significantly higher

          2   than the State rate and Fulton County will

          3   experience major congestion on three massive

          4   highways on a daily basis.  Pollution from cars and

          5   trucks contribute about half the emissions that in

          6   summer heat form ozone.  While all people in

          7   Atlanta suffer from our poor air quality, studies

          8   show that children living within 500 meters of a

          9   highway are at even greater risk of developing

         10   respiratory problems.

         11        As a Christian leader here in the City of

         12   Atlanta I believe we are called to care for the

         13   poor and marginalized, to care for God's is

         14   everything to do justice.  We are imposing heavy

         15   burdens on children and families already straining

         16   under the stress of poverty.  With the current

         17   standard of ozone set too high to protect our

         18   children, the elderly and the sick we are failing

         19   to care for the least of these, the lost, the left

         20   behind.  For years, when I joined up with Dr. King

         21   in 1959, they asked me would not those of us who've

         22   been concerned about civil rights and human rights

         23   are getting involved, how we find common bonds with

         24   those in other areas now.  We feel that for some

         25   time when we started joining forces for the first

                                                                       164

          1   time with those in the Evangelical community and

          2   other communities, it was just not about same-sex

          3   marriages, it was not just about abortion, but now

          4   we've got to be concerned about an overall planet

          5   that affects us all regardless of our color,

          6   regardless of our economic condition, so

          7   consequently those of us that fight for human

          8   rights in the religious community have found a

          9   common bond to come and address the concerns in our

         10   environment.

         11        In closing I urge you to follow the

         12   recommendations of the scientists who have very

         13   carefully reviewed stacks and stacks of documents

         14   and in concluding, you must strengthen the standard

         15   to 0.060 ppb to protect the most vulnerable members

         16   of our community.  Thank you so much for allowing

         17   me to speak on behalf of the religious community

         18   here in the City of Atlanta and the State of

         19   Georgia.

         20        MR. PAGE:  Thank you both for coming today.

         21   We appreciate it.  We're going to take a short

         22   break right now.  If anybody anything is here that

         23   wants to speak, we ask you to register out at the

         24   table when you come in.  Right now that's the end

         25   of the registered speakers.  We'll take a short

                                                                       165

          1   break and reconvene shortly.

          2                            - - -

          3             (Whereupon, a brief break was taken)

          4                            - - -

          5        MR. PAGE:  All right.  We're going to resume

          6   again on our public hearing on the EPA's proposal

          7   to revise the Ozone National Ambient Air Quality

          8   Standards.  We have some speakers that are

          9   registered and ready to go, so we would like to

         10   call you up to two at a time, as we have been doing

         11   all day.  If you would, please, as you come up here

         12   and give your statements, stay at the table until

         13   the other speaker has finished, that would be

         14   great.  We would appreciate that.

         15        Our next speaker is that Siobahn Gilchrist and

         16   Free Polazzo.  Ms. Gilchrist, you are our next

         17   speaker.

         18        MS. GILCHRIST:  Thank you.  My name is Siobahn

         19   Gilchrist.  I'm an epidemiologist.  I work in

         20   maternal and child health.  I'm actually here on my

         21   behalf, however and I also am a member of the

         22   American Public Health Association.  Thank you for

         23   the opportunity to provide comment today on this

         24   important issue.  The National Ambient Air Quality

         25   Standard matters to public health and to

                                                                       166

          1   individuals.  They tell us when the air outside is

          2   safe to breathe and that's very critical now a days

          3   because we have a problem of childhood obesity and

          4   we need to get our kids outside and exercising, so

          5   it's very important that we consider lowering the

          6   level to a safe level.  The standards are the goals

          7   that each county and state must meet, so they drive

          8   every effort nationwide to clean up our air

          9   pollution.  Ozone exposure even at the levels

         10   proposed 0.070 ppm is associated with increased

         11   rates of asthma, heart disease and other

         12   respiratory illnesses.  Epidemiological studies

         13   have shown that susceptible children, the elderly

         14   and persons with asthma experience significant

         15   adverse health effects at well below these levels,

         16   the proposed level, in fact.

         17        According to a 2007 report of asthma rates in

         18   Georgia, we have a pretty big problem of asthma

         19   here.  We have a large susceptible population.

         20   There are 137,000 children under the age of 10 with

         21   asthma.  There are 126,000 middle schoolers and

         22   high schoolers with asthma and there are over

         23   480,000 adults in the State of Georgia with asthma.

         24   That is three quarters of a million people.  The

         25   associated costs for hospitalization and emergency

                                                                       167

          1   room visits are well over $100 million per year.

          2   For the year to date, metro Atlanta has had 44 smog

          3   alert days, of which 31 were unsafe for sensitive

          4   populations, which would be three quarters of a

          5   million people and 13 were unhealthy for everyone.

          6   Now, we know a lower standard would increase the

          7   number of days when we would have a higher smog

          8   problem, ozone alerts and smog problems, at least

          9   we would know that, but what is important is that

         10   allows us to highlight to need to take preventive

         11   measures and to help us put in place measures that

         12   would reduce ozone pollution at its source,

         13   particularly motor vehicles and aging utility

         14   plants.

         15        I urge the EPA to step up to the plate and

         16   set more stringent limits that are protective of

         17   the health of sensitive and vulnerable populations.

         18   By setting the 8-hour ozone standard at 0.060 ppm

         19   as recommended by the Clean Air Scientific Advisory

         20   Committee, instead of the proposed 0.070 ppm, we

         21   will have a better shot at protecting the public's

         22   health with "an adequate margin of safety."  Thank

         23   you.

         24        MR. PAGE:  Okay.  Thank you very much.

         25        MR. POLAZZO:  That was an amazing

                                                                       168

          1   introduction.  Thank you for coming to listen to us

          2   tell you about our concerns about air quality.  My

          3   name is Free Polazzo and I'm here representing

          4   myself and others who have breathing problems.  I'm

          5   just a sick person.  I'm not a professional.  I

          6   don't have any statistics, so you don't have to

          7   write them down.  I want to thank Environmental of

          8   Georgia for letting me know about this hearing and

          9   I think my partners for letting me take off work to

         10   come here and do this.

         11        I have a serious lung disease and that makes

         12   me very conscious of the air quality.  I'm only can

         13   use two-thirds of my lungs because I have

         14   sarcoidosis.  How many people in here know what

         15   that is?  You got to be a professional to know.  So

         16   I have lost a third of my lung capacity and  it's

         17   probably been going on since I start out with

         18   asthma.  It's amazing how many illnesses we don't

         19   really know what they are.  And I actually think my

         20   grandfather when he came to this country and was

         21   turned back at Ellis Island had the same disease.

         22   They thought he had TB.  He came back six months

         23   later, had the same exact screen, they let him in

         24   and so I think a lot of -- there are illnesses that

         25   are very difficult to identify and they were going

                                                                       169

          1   to take my lung out because they thought I had

          2   cancer then they thought I had TB.  Thank God we

          3   had a doctor from Costa Rica who was in the

          4   operating room and he noticed, Oh, I know what that

          5   is, it's sarcoidosis.  I didn't fit the population

          6   that is supposed this disease.  I'm not from Africa

          7   and I'm not from northern Europe, so what does that

          8   say.  My family has not been to Africa or Northern

          9   Europe for many generations.  We're Eastern

         10   European.   And I think there are things happening

         11   to our collective bodies that we don't know and

         12   that's the scary part.  I've got grandchildren, I

         13   got children and I worry about their breathing

         14   because it's an invisible thing that happens.  So I

         15   feel like I don't need a monitor to know about the

         16   air quality.  I have a built-in air detector, so

         17   the politics is sort of the weird when I here

         18   people talk about a thousand of a percent or a

         19   hundred of a percent.  I'm dealing with a third.

         20   By trade, I'm an accountant and I sell systems,

         21   business systems, lot of money measuring things and

         22   we don't measure our air quality and I'm worried

         23   about.  I would love to have a home air quality

         24   detector that I could stick out in the yard that

         25   would tell me if I was living in the right place.

                                                                       170

          1   I had to sell my house in downtown Atlanta ten

          2   years ago because I couldn't breathe, so I moved

          3   out to Douglasville 30 miles west.  It was okay.  I

          4   didn't need the EPA to tell me and they couldn't

          5   because they only have one detector over by the

          6   highway or in the whole county, so I didn't believe

          7   the ratings, which are much higher than I think it

          8   is.  But now ten years later, I can't leave my

          9   house.  I have a hard time going outside and it

         10   really bothers me because it's a beautiful

         11   neighborhood.  It looks beautiful.  Where am I

         12   going to go next?  I mean there is no place to go.

         13   Drive up to the Appalachians.  I mean the trees can

         14   tell you?  I'm into profit and loss, I help who

         15   cares if you can't breathe, if your kids can't

         16   breathe, who cares if you make an extra million

         17   dollars.  So I'm in here to ask you to please do

         18   something about the way we measure air quality.

         19   Why should I have to watch late night TV to learn

         20   that my house can have cleaner air than the

         21   outside.  How many of you have seen the Oreck

         22   vacuum commercials.  The man shows you what you are

         23   breathing.  I mean if you don't measure something,

         24   it doesn't exist, right.  So this man is smart

         25   enough that he went from to doing vacuum cleaners

                                                                       171

          1   to cleaning the air with the same kind of

          2   technology.  He takes the dirty air after a couple

          3   of hours, put water through this device and holds

          4   it in a glass of water.  You wouldn't drink it.  He

          5   said do you want to breathe this air.  Well, the

          6   guy is making a bunch of money because he is on all

          7   the time.  So he can make money off of this, there

          8   has got to be a problem.  He even gets rid of

          9   ozone.  If Oreck can do it, why can't we do it as a

         10   community.  So that's my plea, forget about the

         11   numbers.  Anybody can come up with numbers just to

         12   prove their point.  Listen to your breathing. I'm

         13   over.  I brought this from Dragoncon.  The truth is

         14   smog kills and I picked it up downtown yesterday.

         15   Somebody deserves this, so I don't know which of

         16   you deserve this, but pass it on.  I don't think it

         17   constitutes a bribe.  It was 20 bucks.  Thank you.

         18        MR. PAGE:  Thank you for coming.  We

         19   appreciate you coming.

         20        Our next speakers are Mr. Tom Stanek and Dr.

         21   Anne Mellinger-Birdsong.  Welcome to both of you.

         22   Thank you for coming today.  Mr. Stanek, you are

         23   the next speaker.

         24        MR. STANEK:  Thank you for so much for coming

         25   to Atlanta.  It's a wonderful town.  We have made

                                                                       172

          1   some good progress here and our smog.  They used to

          2   call us the Smog Capital, but I don't think it was

          3   of the World, but maybe just Georgia.  We're

          4   getting our taxpayer's money's worth today, so we

          5   appreciate your hard work and I'll try not to bore

          6   you with too much stuff.

          7        I live out in the suburbs.  I'm just a private

          8   citizen.  We are actually told to keep our windows

          9   closed in the car during peak traffic, but not bad

         10   hair days, but bad air days.  We get them not as

         11   much as we used to.  It's gotten better.  So these

         12   new standards that you folks are considering and

         13   it's after a lot of years of the same standard, so

         14   we know we can do better.  And we have made so much

         15   progress here in Atlanta, so we have kind of seen

         16   the result of the new technology that's out there.

         17   You folks are the pros, so I don't have numbers.  I

         18   know that the technology is better able to help us

         19   and you folks and also it's more accurate in

         20   telling us to future for our children, which you

         21   guys have kids.  I don't think any of you in here

         22   are old enough to have grandkids, but we'll be

         23   thinking about them as we move further forward

         24   because we can do a better job with these

         25   statistics, with this information and with this

                                                                       173

          1   technology to reduce these emissions, ozone

          2   especially.  Just like we're running, we can do the

          3   same thing with cars regarding, not just the

          4   pollution side, but the monitoring side.  The

          5   standard being readdressed.  Thank you so much.

          6   Good luck in your decisions.  Thank you all.

          7        MR. PAGE:  Thank you.  We appreciate your

          8   comments.

          9        DR. MELLINGER-BIRDSONG:  Hello.  My name is

         10   Anne Mellinger-Birdsong.  I'm a pediatrician with a

         11   Masters in public health.  I'm also the mother of

         12   two young children.  I have worked at city, state

         13   and federal health agencies and at a Health Center

         14   on a Native American Reservation.  I'm speaking

         15   today as a citizen and as a pediatrician.

         16        I will start off by speaking as a parent.

         17   This August in Atlanta we had a three-week period

         18   of very high temperatures and no rain.  During this

         19   three-week period, there were 14 days that were

         20   code red or code orange air quality days in which

         21   children or other sensitive groups were told not to

         22   exercise outdoors in the afternoons.  On all of

         23   these days the major pollutant listed was ozone.

         24   How am I as a parent supposed to tell my children

         25   that we can't go to the pool when it's 100 degrees

                                                                       174

          1   because the air is too unhealthy for them to

          2   breathe.  While this three-weeks stretch of high

          3   temperatures and continuous high ozone levels is

          4   unusual, the occurrence of 15 code orange and code

          5   red during a typical summer is not.

          6        I will now move to the scientific part of my

          7   testimony.  I will start by saying that I support

          8   the recommendation of EPA's Clean Air Scientific

          9   Advisory Committee to lower the 8-hour ozone

         10   standard to 0.060 ppb.  I can't in five minutes

         11   review the many studies that they've considered, so

         12   I will highlight some of the more important ones.

         13   First, I will start off with three studies

         14   conducted in Atlanta.  Peel and co-authors found

         15   that for every 0.025 ppb increase in ozone levels,

         16   there was a two-and-a-half increase in emergency

         17   department visits for respiratory symptoms.  This

         18   effect for ozone persisted in multipollutant models

         19   meaning that the increased emergency department

         20   visits could be explained by the simultaneous

         21   occurrence of other pollutants.

         22        Tolbert and co-authors found an association

         23   between pediatric asthma emergency department

         24   visits and ozone in both single and multi-pollutant

         25   models.  They also found a dose response effect,

                                                                       175

          1   which means the higher the ozone level, the greater

          2   the number of emergency department visits for

          3   asthma.  This provides compelling evidence of

          4   causation.

          5        Friedman and co-authors in a study about the

          6   effects of traffic changes during the 1996 Olympics

          7   in Atlanta, found that during the Olympics, morning

          8   traffic counts decreased by 22 percent and 1-hour

          9   peak ozone decreased by 28 percent from 0.081 to

         10   0.059 ppb, while pediatric asthma events decreased

         11   by over 40 percent for both Georgia Medicaid claims

         12   and at a large health maintenance organization, by

         13   11 percent at two pediatric emergency departments

         14   in Atlanta and by 19 percent in the Georgia

         15   Hospital Discharge Database.  The number of

         16   non-asthma events in the same databases were the

         17   same during the Olympics, showing that the

         18   reduction was specific for asthma.

         19        Thurston and co-authors found a linear

         20   no-threshold effect of ozone on a daily number of

         21   asthma attacks in children with asthma down to a

         22   level of at least 0.050 ppb of ozone.  This means

         23   that in the range we are discussing, there is no

         24   threshold of ozone exposure below which there are

         25   no adverse effects, but rather that lowering the

                                                                       176

          1   ozone standard from 0.080 to 0.060 ppb will have

          2   more beneficial health effects than lowering it

          3   from 0.080 to 0.070.

          4        Trasande and Thurston noted that the adverse

          5   effects of ozone include school absences, worsened

          6   athletic performances, decreased lung function and

          7   increased shortness of breath, chest pain,

          8   wheezing, cough, asthma exacerbations, and

          9   increased asthma admissions in multiple countries,

         10   including Australia, Canada and the United

         11   States.

         12        Studies in southern California have found

         13   decreased lung function associated with cumulative

         14   higher ozone exposure in children who spend more

         15   time outdoors and higher rates of asthma in

         16   children playing multiple sports in communities

         17   with higher average ozone compared to children

         18   playing multiple sports in lower ozone

         19   communities.

         20        In summary, there is clear evidence that the

         21   current 8-hour standard of 0.080 ppb is inadequate

         22   to protect public health, that reducing ozone

         23   exposure provides clear and immediate health

         24   benefits and that following the recommendation of

         25   the Clean Air Scientific Advisory Committee to

                                                                       177

          1   lower the standard to 0.060 ppb is what is needed

          2   to best protect public health.  Thank you.

          3        MR. PAGE:  Thank you both for coming in today.

          4   We appreciate it.

          5        All right.  Our next speakers are Ms. Krista

          6   Brewer and Ms. Paula Gordon.  Welcome.  Thank you

          7   all for coming today.  We appreciate it.  Ms.

          8   Brewer, you are up first.

          9        MS. BREWER:  Thank you for holding this

         10   hearing.  I am here representing Atlanta

         11   (inaudible) Woman's Action for New Direction, an

         12   organization concerned about the health of our

         13   children and our environment.  I'm also here

         14   speaking as an individual and as a mother of three

         15   almost grown children.  Others today have given you

         16   a lot of fact and if figures and scientific

         17   arguments, but I'm going to tell you about my

         18   experience and my concerns.  Yesterday as I was

         19   thinking about the effects of ozone and air

         20   pollution and about speaking here, I was anxious,

         21   not so much about speaking today.  You see my

         22   daughter is a junior in high school we were at her

         23   first practice of her high school cross country

         24   team.  They were running on the streets of Atlanta

         25   in the late afternoon.  She loves running, but she

                                                                       178

          1   is pretty show.  She was born with heart defects.

          2   She has a very compromised heart.  She has an

          3   internal cardiac defibrillator to protect against

          4   an increase of sudden cardiac arrest.  We are

          5   learning that ozone can be especially dangerous to

          6   people with heart disease.  Here I was thinking

          7   that coming down here and testifying today and I

          8   actually really pretty worried about her breathing

          9   our dirty air.

         10        I also have a college-aged son who has asthma.

         11   When he was a toddler and a pre-schooler, we had a

         12   number of very scary trips to the emergency room.

         13   He's partly outgrown the worst of his asthma, but

         14   we also want to manage it better.  But he was and

         15   still is a great soccer player and I remember all

         16   the late afternoons at practices when he was

         17   younger.  He played so hard.  Often his practice

         18   fields were right next to the downtown connector.

         19   What was happening to his young mind.

         20        I firmly believe in asthma management and

         21   aggressive medical treatment for asthma, but do we

         22   want our children medicated while our leaders are

         23   allowed to foul our air.  This is not right.  It is

         24   appropriate that the EPA is holding one of these

         25   hearings in Atlanta.  I'm glad you came to Atlanta.

                                                                       179

          1   As you are well aware, Atlanta has a huge ozone

          2   problem and has been named the Asthma Capital of

          3   the U.S. for this year.  There are several reasons

          4   for this honor, but dirty air is one of the big

          5   reasons.

          6        It's good that you came to Atlanta for another

          7   reason and as other people listen to and wouldn't

          8   have interest and experience during the 1996

          9   Olympics in Atlanta.  We all worked very hard to

         10   reduce traffic during that time resulting in a

         11   dramatic reduction in ozone.  And guess what? We

         12   also had a dramatic reduction of asthma attacks in

         13   children, so we know what can be done and we know

         14   how to reduce asthma.

         15        The evidence is overwhelming that ozone

         16   exposure is much more damaging to children.  It can

         17   result in permanent and stunted lung function.

         18   Ozone exposure is related to low birth weight and

         19   retardation of fetuses.  And, in general, children

         20   are more vulnerable to effects of ozone.  They play

         21   outdoors, their airways are narrower and they

         22   inhale more pollutants in proportion to their body

         23   weight.

         24        Most mothers are fierce protectors of their

         25   children, but air pollution is something we really

                                                                       180

          1   cannot protect our children from.  We also cannot

          2   rely on what we've learned on the good intentions

          3   on the good industry businesses and the general

          4   populate.  This is a role -- reducing air pollution

          5   is a role for a strong, competent and a

          6   compassionate government.  I'm glad that the EPA's

          7   own Scientific Advisory Committee recommended

          8   tightening the standard to 0.060 ppb.  Evidence is

          9   overwhelming that the current limits allow to much

         10   pollution.  My children are precious to me and, of

         11   course, I want the best for them, but we, as a

         12   society, need to want the best for all of our

         13   children.  They are young, they cannot protect

         14   themselves, so it is up to us adults to look for

         15   them.  I urge you and EPA to do the right thing.

         16   Thank you.

         17        MR. PAGE:  Thank you.

         18        MS. GORDON:  Paula Gordon, P-A-U-L-A,

         19   G-O-R-D-O-N.   Everyone has heard the story of the

         20   canary in the mindshaft.  When the canary stops

         21   singing or drops dead people know there is danger

         22   in the air.  I am that human equivalent of the

         23   canary.  I have environmentally induced asthma.  It

         24   is a direct result of Atlanta's air pollution. Smog

         25   made me sick and ozone is inseparable from smog.

                                                                       181

          1   As you set policy on what level of ozone is

          2   acceptable, please let my experience help guide

          3   your thinking and serve as a warning.

          4        In 2000, I was in my early 50s and unusually

          5   healthy.  At my annual physical my doctor said I

          6   would be even healthier if I lost some of that

          7   middle-age spread.  He suggested daily walks?

          8   Walking seemed like a natural.  We live in Midtown

          9   Atlanta, five blocks from Piedmont Park, which is

         10   kind of our central park, and I love to walk.

         11        Spring is wonderful everywhere, so it was easy

         12   to begin my walks in April.  Even though Atlanta

         13   summers are famously hot, every morning I went for

         14   my walk, but something was strange.  My lungs were

         15   getting congested in ways that I had never

         16   experienced.  I developed a persistent cough.  My

         17   coughing affected by vocal chords, creating

         18   laryngitis.  This is a serious problem for me,

         19   since what I do is talk to television cameras and

         20   radio microphones, so it matters.

         21        By the end of the summer all of these symptoms

         22   grew much worse and by October my lungs were

         23   aching.  Clearly, something had gone terribly

         24   wrong.  Alarmed, my doctor referred me to the head

         25   pulmonologist at Piedmont Hospital, one of

                                                                       182

          1   America's top 100 hospitals.  What was wrong, I was

          2   told, that for the first time in my life, I had

          3   asthma.  All other potential causes were

          4   eliminated.  My asthma was environmentally induced

          5   and I would have asthma for the rest of my life.

          6        I know that these ozone hearings are not about

          7   economic considerations.  The Supreme Court made it

          8   perfectly clear you are required by law to set

          9   standards that protect people and the environment

         10   of which we are a part, not to yield to special

         11   interests represented by governors like Georgia's

         12   Sonny Perdue.

         13        But this hearing is about costs.  And there

         14   are real costs associated with my asthma.  The most

         15   obvious cost is the incalculable loss of my once

         16   excellent health.  And what is quality of life

         17   worth?  Half of the year I cannot take walks in

         18   Atlanta because of smog.  And I can tell you that

         19   is lousy way to live.  It also creates all kinds of

         20   ancillary related problems.  Or consider the

         21   thousands of dollars we spent to make our house a

         22   clean-air bubble, air filters for the car, doctors'

         23   bills, medications, the cost of escaping Atlanta to

         24   rest my sick lungs.  People should not have to be

         25   well-off to be able to breathe; and trees do not

                                                                       183

          1   leave town for vacations.

          2        Clearly politicians from City Hall to the

          3   State and White House have failed us.  Filthy,

          4   ozone-rich air is making lucky people like me sick.

          5   It's killing those less fortunate.  And that's

          6   before considering all the other living things that

          7   ozone damages.

          8        The great news is that you, the EPA, can do

          9   something about ozone levels in the air.  Do it.

         10   Don't settle for halfway measures.  Act on the

         11   science.  It's clear.  Restrict ozone to levels we

         12   can live with.  Just do it.

         13        MR. PAGE:  Thank you.  Thank you both for

         14   coming today.

         15        Our next speaker is Ms. Teresa Mustelier.

         16   Why don't you get ready to give your presentation

         17   to us and up there and settled, also the spelling.

         18   I see you have an assistant today.

         19        MS. MUSTELIER:  This is Matt, Matt Mustelier,

         20   M-U-S-T-E-L-I-E-R and this is Lese Mustelier.

         21   Thank you so much for coming to listen to us today.

         22   I think that I was meant to speak after Paula

         23   because I am a physician assistant that works in

         24   two emergency departments here in the Atlanta area,

         25   at DeKalb Medical and at Northside Hospital. And as

                                                                       184

          1   a healthcare worker I am well aware of the adverse

          2   effects of smog.  So far this year Atlanta has had

          3   44 days of smog warnings.  These are the days that

          4   I dread going into the emergency department because

          5   I know that the emergency room will be teamed with

          6   children who cannot breathe.  You know adults like

          7   Paula can't breathe.  They are seasoned veterans of

          8   inhalers and breathing treatments.  Little children

          9   aren't.  They often don't understand that the

         10   injections, intervenous fluids, oxygen masks and

         11   nebulizer treatments are intended to allow them to

         12   breathe again and they are simply terrified.

         13        Many parents ask me, you laugh, you are not

         14   the one's with asthma, many parents ask me what

         15   they can do to prevent these episodes and I ask

         16   them to keep their children inside during smog

         17   alert days.  Lately, I've heard a lot -- have a lot

         18   of problems with parents saying to me, but my

         19   pediatrician says that my children should be

         20   playing outside more.  They are getting fat staying

         21   inside all the time.  There is nothing more

         22   frustrating for patients than to receive

         23   inconsistent advice from their healthcare

         24   providers.  Pediatricians are seeing a steady

         25   increase in childhood obesity.  It's no surprise

                                                                       185

          1   that children who are more active have less

          2   obesity.

          3        Because obese children tend to carry these

          4   problems into adulthood, they will tend to be

          5   sicker as they grow older, suffering from heart

          6   disease, stroke and other ailments stemming from

          7   their weight.  And just like in that song that was

          8   sang when we were kids, the leg point is connected

          9   to the knee bone, the knee bone is connected to the

         10   thigh bone, well, our ability to breathe is

         11   directly related and connected to this national,

         12   growing epidemic of obesity.

         13        We know that just 15 minutes of exercise a day

         14   will lower a child's chances of becoming obese by

         15   about half.  This means that a simple game of tag

         16   or a brisk walk is enough to promote children to

         17   keep them from becoming obese, but for these

         18   exercises to pay off they must happen consistently.

         19   For both adults and children, affordable, active,

         20   outdoor play has to become a habit.  Why outdoors?

         21   Because there are many adults who cannot afford or

         22   will not go to a gym and many children who's

         23   parents cannot afford or cannot make the effort to

         24   take their children to a Monkey Joe's or Bouncing

         25   Bob's or another inside play area.

                                                                       186

          1        34 percent of the days in May, June, July and

          2   August were smog alert days.  These were considered

          3   unhealthy for outdoor play.  For exercise to become

          4   a habit, we all know it must happen consistently.

          5   Every once in a while is not enough.  I urge the

          6   EPA to increase the ozone standard so we can keep

          7   outdoor play safe, so that we can keep our weight

          8   in check and so that when doctors and PAs tell

          9   patients to go out and play, we don't have to worry

         10   that by trying to address the problems of obesity

         11   we are placing at increased risk for lung and heart

         12   disease.  Thanks so much.

         13        MR. PAGE:  Thank you very much for coming.

         14   Our next speakers are Mr. Tom Wyatt and Mr. Rick

         15   Jones.  Welcome, gentleman.  Thank you for coming

         16   today.  Mr. Wyatt, you are first up.

         17        MR. WYATT:  Tom Wyatt, T-O-M, W-Y-A-T-T.

         18   Myself and Rick Jones are delighted to be here

         19   with the Greater Columbus Georgia Chamber of

         20   Commerce and also speaking on behalf of the Valley

         21   Partnership Regional Development Joint Authority.

         22   We represent two cities and seven counties.

         23        The issue that's before us today, obviously,

         24   is very important and we appreciate EPA and its

         25   team being here gathering input from

                                                                       187

          1   representatives across the country.  Air quality

          2   and ozone, obviously, has a significant impact on

          3   quality of life.  I think that's a term that

          4   probably you've heard a lot today and certainly the

          5   business community and our region is very concerned

          6   with the quality of life.  We are in the midst of

          7   experiencing an increase in population in

          8   comparison to the size of the City of Rome,

          9   Georgia, Fort Benning is expanding by 33,000

         10   people, 11,000 new jobs, the equivalent of about

         11   $2.9 billion in capital investment.  AFLAC is

         12   expanding jobs by 2,000.  Folks, Kia plant just

         13   located in Pine Mountain, Georgia and on and on and

         14   on, so unlike Atlanta, we have not yet had to deal

         15   with some of the more visible consequences of air

         16   quality.  And the City of Atlanta really is trying

         17   to do, I think, a tremendous job in dealing with

         18   that via the Clean Air Campaign and the Leadership

         19   of (inaudible), but in considering these

         20   modifications of the standard, we've got some

         21   verbiage here and some details of the measurables

         22   and whether or not there is some actual qualifiable

         23   benefits of that change in standard.  And I don't

         24   want to get into that, but what would I like to

         25   emphasize is in our community and many others that

                                                                       188

          1   have had the leadership and foresight to recognize

          2   some of the challenges, it's really an opportunity

          3   for business and government and public citizens to

          4   get together and be proactive, whether it's

          5   identifying ways to use alternative sources of

          6   fuel, alternative forms of transportation, whether

          7   it's being so created as to secure federal funding

          8   to retrofit buses or even a simple thing as cutting

          9   your grass at a simple time of day or refueling at

         10   night, those are some of the things that we're

         11   looking at.  And I'm delighted to say that we work

         12   very diligently and hard with the Clean Air

         13   Campaign.  And with some of the standards that are

         14   already in place, we're doing the best job that we

         15   can do in meeting that and in reaching that

         16   priority that EPA has mandated.  We also got a

         17   great partnership with EPD at the state level.  And

         18   I think to be -- I hate to use the word fair, but

         19   to be diligent in forming a partnership with local

         20   communities who are trying to execute the current

         21   standard, we would certainly ask that EPA look at

         22   allowing a time period by which we can meet that

         23   before the meal was moved, so to speak, midway

         24   through.  And I think that would be something that

         25   would have a favorable impact.  It certainly would

                                                                       189

          1   encourage local governments and cities to continue

          2   focusing on being proactive, handling the issue,

          3   working head-on, while at the same time we are very

          4   understanding of the health issues.  And all those

          5   things that impact, and they are certainly

          6   important.  Sometimes the business community is

          7   given a very wrong perception or misspoken in

          8   regards to their opinions on air quality.  Those

          9   that are in the business community have to live and

         10   breathe and go home to the very same neighborhoods

         11   that everybody else does, so we don't want to leave

         12   a bad impression, but we would like to ask for a

         13   continuance of the standard that is in place to

         14   work within the given timetable so that we can make

         15   that happen.  I think there is a commitment here

         16   being the public's part finding a partnership in

         17   the Greater Columbus Valley Region and I'm sure

         18   that kind of partnership and emphasis is something

         19   that other communities, certainly like Atlanta are

         20   working on and maintaining the current standard

         21   will give us time to implement it.

         22        MR. PAGE:  We're ready, Mr. Jones.

         23        MR. JONES:  Thank you.  Good evening.  My name

         24   is Rick Jones.  I am the Director of Planning for

         25   the Columbus Georgia Consolidated Government.  I'm

                                                                       190

          1   also the Director for the Metropolitan -- Columbus

          2   (inaudible) City Metropolitan Planning

          3   Organization.  I want to thank you for the

          4   opportunity to allow us to come and speak to you

          5   for a few minutes about our concerns dealing with

          6   your proposed regulations.

          7        Let me start off with saying there is no

          8   community probably anywhere or a region that is

          9   more concerned about the quality of this air right

         10   now than the Columbus City Region is.  We have been

         11   combating with this for some time now in terms of

         12   dealing with air quality issues.  In the mid '90s

         13   we were confronted with ozone itself in terms of

         14   reaching non-attainment.  There were several

         15   studies conducted through Georgia Tech and others

         16   in a partnership with not only our communities, but

         17   together with Macon and the Augusta area as well in

         18   terms of what we could do to combat or deal with

         19   the issue of ozone itself.

         20        Fortunately, some of our summers became a

         21   little milder.  We no longer had to worry at that

         22   time about dealing with ozone itself.  The next

         23   real issue though we dealt with was particulate

         24   matter 2.5.  Today we're confronted with the

         25   problems.  And, again, EPA has already notified us

                                                                       191

          1   that we're on the cusp here designated for that

          2   particulate matter substance itself.  Again,

          3   efforts are underway to deal with the ozone issue

          4   itself and mobilizing the community in terms in

          5   coming up with an overall plan of action, if you

          6   will, about how we address that.

          7        Our community is working in terms with other

          8   communities throughout the region to, again,

          9   address this need in terms of how we're going to

         10   overcome it more than anything else.  We're

         11   concerned, though, about our current health issues

         12   and (inaudible).  I said all that to say this to

         13   you today:  Columbus has a good track record in

         14   terms of dealing with air quality issues itself and

         15   dealing with them in a timely fashion, but what

         16   good is this effort if the rules are going to be

         17   constantly changed for it.  It makes it difficult

         18   for us to convince our local officials and public

         19   officials that we have problems to begin with and

         20   that we need to address these new issues now.  But

         21   if the rule is constantly getting changed on us or

         22   something is off cue and we have to go back again

         23   to the public officials and to the community poll,

         24   we lose our credibility.  We lose that ability to

         25   really have some direction and some conversation

                                                                       192

          1   with our elected officials.  I can tell you now

          2   we're working very hard to have an air quality week

          3   ourselves.  It's a week from this coming Friday so

          4   we invite everybody from the region to attend.  We

          5   have a little over 200 folks that we've actually

          6   asked to attend.  It's difficult to get those folks

          7   to the table to begin with and then turn around and

          8   tell them, oh, by the way, the rules have changed

          9   again.  It makes it tough, especially for our

         10   elected officials.  We lose some credibility in

         11   that action itself.  My point is simply this:  If

         12   you are asking communities such as Columbus to

         13   implement the standard and grant us some

         14   groundrules on ozone and hopefully, you've got to

         15   be consistent in what you're asking for.  You've

         16   got to be able to give that kind of leverage to us

         17   to involve that.  Your own (inaudible)  shows now

         18   that the current standards are working and that you

         19   have already over the last two decades a

         20   significant drop ozone itself.  We encourage you to

         21   maintain those standards.  At least for the most

         22   part, though, give communities like Columbus and

         23   other communities some (inaudible) in terms of how

         24   to respond to the rules themselves.  If you are

         25   going to implement those immediately, we're in

                                                                       193

          1   trouble, but if you can provide some assistance and

          2   direction on that, that's another story.  We're

          3   asking for your consideration from that aspect of

          4   it more than anything else.  We know that

          5   ultimately its the States themselves have yet to

          6   fully implement all this information and all these

          7   regulations.  If you are not giving them

          8   assistance, what kind of assistance can a community

          9   like Columbus expect to have in the near future in

         10   dealing with this issue.

         11        Again, I don't want to understate it to you,

         12   Columbus is concerned about its air quality and

         13   about the health issues that this problem brings

         14   with it, but at the same time there has to be some

         15   kind of common sense approach to this thing that

         16   allows us to do what we need to do to help the

         17   community and help our citizens reach the overall

         18   goal of helping Columbus and the surrounding areas.

         19   I thank you for your time and also your

         20   consideration.

         21        MR. PAGE:  Thank you.  All right.  We seem to

         22   have run out of speakers for a while.  It looks the

         23   next to do is shortly after 5:00, so we'll take a

         24   break until 5:00.

         25                            - - -

                                                                       194

          1             (Whereupon, a brief break was taken)

          2                            - - -

          3        MR. PAGE:  We're going to reconvene the

          4   hearing and our next speaker is Mr. Will Henz.  Are

          5   you Will Henz?

          6        MASTER HENZ:  Yes.

          7        MR. PAGE:  Great.  Come on up.  You got

          8   something to show us there, Will?

          9        MASTER HENZ:  Yes.  Hello.  My name is Will

         10   Henz and I am seven-years-old.  I am in second

         11   grade at Oakhurst Elementary.  I love to pay

         12   outside and ride my bike and my scooter and pay on

         13   the playground with my friends.  This summer I

         14   couldn't do all those things because I have

         15   asthma.  On red days I can't play outside because

         16   it will make me sick.  This makes me feel very

         17   sad.  My friends get to play outside, but I don't.

         18   I have to take medicine every day for my asthma.

         19   If I don't take it, I will have to go to the

         20   hospital.  When I have do a lot of treatments the

         21   medicine makes me feel really bad.  I hope you can

         22   make the red days go away.  Thank you.

         23        MR. PAGE:  That was very good.  Did you write

         24   that statement?

         25        MASTER HENZ:  Me and my mom.

                                                                       195

          1        MR. PAGE:  Very good.  Very well done.  I

          2   think you are the youngest speaker that we've had

          3   at the hearing and that was excellent.  Thank you

          4   for coming in.  Those are some of the things that

          5   help you breathe easier, why don't you tell us what

          6   you got there.

          7        MASTER HENZ:  Medicine.  I have to take this

          8   in the morning and I have to take this at night and

          9   this at night and in the morning and this, whenever

         10   I do this too sometimes whatever I need it.

         11        MR. PAGE:  Do you that one every day?

         12        MOTHER:  Not everyday.

         13        MR. PAGE:  But when he has a hard time

         14   breathing.

         15        MOTHER:  When he has a hard time breathing.

         16   This summer he had to do it up to six times a day.

         17   These little vials of medicine, he has to sit still

         18   for five to ten minutes.  It doesn't reach very

         19   long, but he tries.

         20        MR. PAGE:  Wow.  And so on days when the air

         21   is bad outside, it probably makes you feel like you

         22   have to use that medicine and the machine even

         23   more, doesn't it?

         24        MASTER HENZ:  Yes.

         25        MR. PAGE:  Well, thank you for coming by and

                                                                       196

          1   telling us your story.  It really helps us do our

          2   job -- a better job of what we do, so thank you

          3   very much for taking the time and trouble to come

          4   down here.

          5        MASTER HENZ:  You're welcome.

          6        MR. PAGE:  Thank you all very much.  As far as

          7   I know we don't have any registered speakers.

          8        Are you ready to go?

          9        MS. BYRD:  Yes, I am.

         10        MR. PAGE:  If you would spell your name for

         11   the court reporter, we're going to put you right

         12   there and if you will spell your name for the court

         13   reporter, everything you say we'll be putting into

         14   the record, so it's good to know who we're talking

         15   about.  Thank you for coming by.

         16        MS. BYRD:  Thank you for having this hearing.

         17   My name is Madelyn, M-A-D-E-L-Y-N, Suriel,

         18   S-U-R-I-E-L, Byrd, B-Y-R-D.  There is no hyphen in

         19   between those.  Great.  Thank you.  I'm really

         20   delighted that all are here and that you have this

         21   forum for citizens.  I think it's definitely

         22   needed.  I am here today because ozone and smog

         23   pollution in Atlanta is a huge problem that I've

         24   seen compounded over the years.  I have lived in

         25   Atlanta since 1982 and up to 10 years ago I lived

                                                                       197

          1   here full time and then I left for a few years and

          2   have since come back.  And I've noticed since I've

          3   come back that the smog is really so terrible that

          4   you cannot see the horizon.  Even today.  I work on

          5   the 27th floor and normally I can see way out to

          6   Kennesaw Mountain or even Lookout Mountain, today I

          7   could barely see to Buckhead.  I think that we as a

          8   community, as a State, as a country and as a world

          9   we really need to take this issue much more

         10   seriously than it has been taken so far.  I heard

         11   on the news today from the news briefing that you

         12   had earlier today that some of our public officials

         13   are more concerned with the cost of increasing or

         14   strengthening ozone and smog solution standards

         15   than with the actual health benefits to all of us,

         16   not just people with breathing problems, but normal

         17   people such as myself who have to come into the

         18   city and breathe this terrible air every day.

         19        I'm also concerned about the animals.  In

         20   Atlanta we are very fortunate to have a great deal

         21   of wildlife.  In my neighborhood alone in my yard I

         22   have rabbits and raccoons and chipmunks.  You name

         23   it, all kinds of animals.  I'm concerned about the

         24   pollution going into those streams.  I'm concerned

         25   with the pollution that the animals are having to

                                                                       198

          1   deal with.  I think that we will do the environment

          2   and our citizens and the world a great service by

          3   strengthening existing EPA standards.  And really I

          4   think it's much more simple than that.  I think

          5   that if we were to decide definitively that our

          6   clean breathing air is the most important thing,

          7   then we will all decide that cutting down a tree is

          8   completely counterproductive to cleaning the air.

          9   I think that we have the perfect tool to remedy our

         10   smog problems and that is our trees.  Atlanta is

         11   very fortunate to be once known as the City in the

         12   Forest and I think that the destruction of our tree

         13   canopy is causing the smog and the ozone to

         14   actually compound and become almost unmanageable.

         15   So is really my main focus here today is that I

         16   think we need to save the Atlanta trees,

         17   literally.  I have pinned that into stats.  Save

         18   the Atlanta trees stat.  I think it's a matter of

         19   life or death for all of us.  If we continue to

         20   destroy to tree canopy in this city, we will

         21   continue to have rain deficits.  I have watched the

         22   rain in this city for the last year with this focus

         23   and literally I am sure that EPA can do a study.

         24   If you look at the rain radar for the last year you

         25   can see that there is almost this invisible cloud

                                                                       199

          1   around the metro area that pushes the rain above

          2   and below the city.  The only say that rain makes

          3   it into the city is when it is a very powerful

          4   storm, very violent.  We no longer get just general

          5   rain showers, we get violent thunder storms and

          6   that's how we get rain.  And I think that's

          7   directly tied to our increasing smog.  And if we

          8   were to mandate the absolute preservation of our

          9   tree canopy, meaning our trees should not be torn

         10   down for new development.  I believe there is

         11   plenty of open land space for development that

         12   would not necessitate the need to cut any more

         13   trees.  And that combined with limiting the amount

         14   of ozone and smog that industries and, you know,

         15   economic financial people put out would make a huge

         16   difference in our city and in our state.

         17        MR. PAGE:  Thank you.  We appreciate you

         18   coming by.

         19        MS. BYRD:  And I was under five minutes.

         20        MR. PAGE:  Yes, you were.  Duly noted.

         21        MS. BYRD:  So what is going to happen after

         22   you hear all of this stuff that we have to say.

         23        MR. PAGE:  We compile the transcripts from all

         24   of the hearings and we do an analysis of them.  The

         25   comment percent stays open until October 9th and

                                                                       200

          1   we'll continue to get comments.  Starting October

          2   9th we go through all of the comments and we do an

          3   analysis of them.  And then we start to work on the

          4   final standard and we go up and brief the

          5   Administrator.  We'll be giving a final standard

          6   March 2008.  It's a lot of work to do between

          7   October 9th and March.

          8        MS. BYRD:  Is there another place where we can

          9   submit comments or invite other people to make

         10   comments?

         11        MR. PAGE:  Absolutely.  Yeah, the comment

         12   period is open until October 9th, so if you have

         13   other things that you want to submit for the

         14   record, please do.  That would be helpful.

         15        All right.

         16        MS. ABRAMS:  I'm Heather Abrams, A-B-R-A-M-S

         17   and I am with Georgia Environmental Protection

         18   Division Air Protection Branch.

         19        MR. PAGE:  Very good.  You just let it fly

         20   when you are ready.

         21        MS. ABRAMS:  Okay.  My name is Heather Abrams.

         22   I am the Chief of the Air Protection Branch of the

         23   Georgia Environmental Protection Division.  I

         24   appreciate the opportunity to present Georgia's

         25   comments at this hearing.

                                                                       201

          1        Georgia has a long history of addressing air

          2   quality issues in the state and is proud of the

          3   improvements we have made in the quality of life

          4   for our citizens.  In fact, the Atlanta area is one

          5   of the first major metropolitan areas in the

          6   country to attain the previous 1-hour ozone

          7   standard.

          8        We continue to aggressively move forward on a

          9   path of further improving the air quality of the

         10   state as we develop and implement the plans

         11   necessary to meet the current 8-hour ozone

         12   standard, the PM2.5 standard, the Clean Air

         13   Interstate Rule, the Clean Air Mercury Rule and the

         14   Clean Air Visibility Rule.  We are also just now

         15   beginning to realize the benefits of the federal

         16   rules addressing cleaner fuels and vehicles, both

         17   on-road and off-road.  Together these controls will

         18   result in significant improvements over the next

         19   several years.

         20        Which brings us to today's proposal.  Without

         21   allowing for the full implementation of existing or

         22   planned strategies, or an accurate or quantifiable

         23   accounting of their full benefit, we are talking

         24   yet again of moving the target and revising the

         25   current ozone standard.  We realize that the Clean

                                                                       202

          1   Air Act requires a periodic review and

          2   determination to be done on the protectiveness of

          3   existing standards. We also realize that the

          4   standard setting process is health based and does

          5   not consider economic costs; however, EPA does have

          6   a great deal of discretion with which to determine

          7   whether the existing science on this issue is

          8   sufficient to warrant a revision at this

          9   time.

         10        Justifying the necessary costs associated

         11   with a revision to the existing standard requires

         12   credible science and demonstrable benefit.  In

         13   EPA's staff recommendation, it was stated that a

         14   standard "somewhat less than the existing standard"

         15   should be implemented, which implies on its face

         16   that the science may not be definitive enough to

         17   warrant another revision at this point.  In

         18   addition, the preamble to the proposed rule, EPA

         19   states that there is a continuum with greater

         20   confidence and less uncertainty about the existence

         21   of health effects at the upper end and less

         22   confidence and greater uncertainty as one considers

         23   increasingly lower ozone exposure levels.  EPA

         24   further recognizes that there is no sharp

         25   breakpoint within the continuum ranging from 0.080

                                                                       203

          1   ppm to 0.060 ppm.  In considering the concept of

          2   exposures of concern, it is important to balance

          3   concerns about the potential for health effects and

          4   their severity with the increasing uncertainty

          5   associated with our understanding of the likelihood

          6   of such effects at lower ozone levels.  We agree

          7   and would further argue that without knowing where

          8   on the continuum the existing strategies get us,

          9   the uncertainty associated with revising the

         10   standard at this point is even more relevant.

         11        As you know, a revision of this standard sets

         12   in motion a series of state planning requirements

         13   and deadlines.  As I mentioned earlier, we are only

         14   now in the process of developing plans and

         15   implementing measures to address the latest

         16   revisions.  A new set of requirements and deadlines

         17   could be disruptive to our progress.

         18        We believe that an appropriate period of time

         19   should be given to allow us to meet these new

         20   standards and measure the results before any

         21   further changes to these standards are considered

         22   and that this position has warranted and

         23   supportable.

         24        Additionally, we would your careful

         25   consideration as you review the secondary ozone

                                                                       204

          1   standard for the protection of the environment.  We

          2   believe that there are questions as to whether or

          3   not a sufficient amount of data has been collected

          4   to demonstrate a level of additional protectiveness

          5   to our agricultural and forestry resources to

          6   justify such a drastic departure from current

          7   practice.  Further evaluation of the nature and the

          8   extent of the problem to be addressed with the

          9   secondary standard needs to occur before such a

         10   recommendation is considered.

         11        I appreciate your consideration of our

         12   comments and thank you again for the opportunity to

         13   present them here in Atlanta.

         14        MR. PAGE:  Thank you.

         15        MR. PAGE:  My name is Lynn McIntyre,

         16   M-C-I-N-T-Y-R-E.  My affiliation is I represent

         17   Georgia PTA with a membership of 180,000 parents

         18   across the State of Georgia and I'm here to speak

         19   on behalf of our position from the National PTA.

         20        Since its founding, National PTA has worked to

         21   secure adequate laws for the care and protection of

         22   children and youth.  Over the years the National

         23   PTA has recognized the growing importance of

         24   environmental issues and the impact that they have

         25   on the health and welfare of children and their

                                                                       205

          1   families.  PTA members have the responsibility to

          2   promote environmental health and safety and to help

          3   protect our world's finite natural resources.

          4        National PTA urges our membership at all

          5   levels to monitor, support and advocate for laws,

          6   regulations and programs that promote environmental

          7   education programs through Pre-K through higher

          8   education; to eliminate environmental pollutants

          9   and present new hazards; protect children from

         10   health risks by testing for specific hazards in and

         11   around homes, schools and if hazards are found, by

         12   limiting exposure and address remedies.

         13        I think that says pretty much what I need to

         14   say in theory, short and concisely.  I will say

         15   that according to my information, this hearing is

         16   to consider reducing the stringent rules that are

         17   currently being applied and if that is the case

         18   we're actually going in the wrong direction.  I

         19   would hope that we would consider the future and

         20   specifically the future of children.  We have a

         21   rising number of asthma cases.  We have an amazing

         22   impact of pollution on children.  This summer I was

         23   spending time working with several other groups in

         24   a collaborative effort to, for instance, to

         25   retroactively retrofit school buses which produce a

                                                                       206

          1   tremendous amount of pollution.  We know from our

          2   research that California has successfully

          3   accomplished that and it has had a positive impact

          4   on pollution while working with manufacturers of

          5   the buses to retrofit them, so we are going to be

          6   spending some time working on that and working,

          7   particularly, with Bluebird, our (inaudible)

          8   manufactured here in Georgia about finding

          9   solutions to impact that immediately.

         10        In terms of air quality, I just want to remind

         11   the people listening that when you think of life we

         12   often think of breath.  And breath is something

         13   that happens when you are born.  The breath of

         14   life.  If you think about taking a breath and the

         15   breath of air that you take is not clean air, you

         16   are diminishing life, so we ask that you please

         17   consider children first in making any decision that

         18   would change the requirement that you particularly

         19   pay attention to the scientists who have given very

         20   strong evidence that this is something that we need

         21   to consider very carefully and not make decisions

         22   based on political situations of what those who

         23   will profits of corporation, but what's better for

         24   all citizens because it's something we all have a

         25   right to and that is life and breath.  Thank you.

                                                                       207

          1        MR. PAGE:  If I could clarify one thing just

          2   to make sure that we're working on the same page

          3   here, the EPA proposal is to strengthen the ozone

          4   standard in a range and I will throw some numbers

          5   out.

          6        MS. MCINTYRE:  0.060 ppm.

          7        MR. PAGE:  It's 0.070 to 0.075, that's the

          8   EPA range, but we are also taking comments for

          9   strengthening it even further, which is 0.060 and,

         10   yes, in your comment you said you even considering

         11   going the other direction, you are right, we are

         12   taking comment on levels all the way up the current

         13   standard of 0.084.  Just to be clear, the

         14   Administrator's proposal was to say that current

         15   standard at 0.080, which can be rounded up to

         16   0.084, is not based on good science anymore.  They

         17   know more and he proposing to set that range.

         18        We've had a lot of testimony today all over

         19   the place from various groups --

         20        MS. MCINTYRE:  I might have misquoted because

         21   I was afraid to speak.

         22        MR. PAGE:  No, it's good.  This is an

         23   opportunity for us to make sure that we're

         24   understood that's why we are having these hearings

         25   ourselves, but we have heard from people all over

                                                                       208

          1   saying you should listen to your scientists and

          2   science advisors and go as low as they possibly can

          3   as to 0.060 and others have come in and saying

          4   please keep the current standard in place.  We are

          5   all trying as hard as we can to comply.  So your

          6   comments are appreciated.  I understand that what

          7   you are asking for is a strengthening of the

          8   standard, perhaps, even lowering than what EPA has

          9   recommended down to 0.060, is that a correct

         10   interpretation?

         11        MS. MCINTYRE:  That's correct.  And we are

         12   working for solutions, in other words, we are

         13   proactively working --

         14        MR. PAGE:  I hear that with the retrofits.

         15   Now, does the National PTA have a printed position

         16   on this and would you mind submitting that for the

         17   record?

         18        MS. MCINTYRE:  When we speak from positions

         19   we actually have to get --

         20        MR. PAGE:  I work for the government, I well

         21   understand that.

         22        MS. MCINTYRE:  This is the official position

         23   that I was speaking of.

         24        MR. PAGE:  Can we get a copy of that.  Thank

         25   you.  I appreciate that.  We appreciate you coming

                                                                       209

          1   down.

          2        MS. MCINTYRE:  I work for the Nature Center

          3   and we're about making the water cleaner at the

          4   Chattahoochee Nature Center.  We are building a

          5   museum to teach people about water quality issues,

          6   but air quality is just as important.  Only I feel

          7   like we can't control it as much, but we surely

          8   can.  Thank you.

          9        MR. PAGE:  Well, thank you very much for

         10   coming by.  I know you are busy and we appreciate

         11   you.  Thank you so much.

         12                            - - -

         13             (Whereupon, a dinner break was taken)

         14                            - - -

         15        MR. PAGE:  I'm Stephen Page and I work with

         16   the Office of the EPA and in the development of the

         17   standards in which for industries and states to

         18   carry out for air pollution and I work with Erika

         19   Sasser.  We wanted you to know who we are and we

         20   want to know your affiliation and we wanted you to

         21   know who you are talking to.  If you have any

         22   questions about the proposal, we can be a little

         23   bit more informal here unless you'd like to go over

         24   the written one.

         25        MR. SMITH:  I appreciate you offering.

                                                                       210

          1        MR. PAGE:  Mr. Smith, if you would, for the

          2   court reporter sign in formally your name and any

          3   affiliation, that's fine.  We are ready for your

          4   comments.

          5        MR. SMITH:  Greetings.  I thank you for this

          6   opportunity to give you a couple of comments on the

          7   proposal.  I appreciate you spending your personal

          8   time and coming to Atlanta.  Thank you.  My name is

          9   Curtis Smith.  I'm a resident of Atlanta.  I've

         10   lived here 18 years, originally come down from

         11   Chicago and Milwaukee where atmospheric ozone and

         12   pollutions were less of an issue.  Address is 3229

         13   Oakbrook Lane, phone number is<PHONE_NUMBER>.

         14        I have allergies since childhood, asthma

         15   since childhood and I personally can tell a story

         16   that has been repeated a thousand times.  Come

         17   summer time I get wheezy, my voice kind of gets

         18   raspy and I notice more and deeper colds and so on

         19   given Atlanta being the fourth city, plus or

         20   minute, must dirtiest city in the country.  Life

         21   has caused me expense for medical doctors.  Days

         22   where I feel like I'm too sick and I've lost days

         23   at work.  I'm an IT contractor, so I work by the

         24   hour, so if I'm sick home, it's out of my pocket,

         25   so what is the case is Atlanta and the 16 or

                                                                       211

          1   whatever number of states that are non-compliant

          2   that we really need to have science, health-based

          3   standards that are at the limits that science has

          4   found to be sufficient and that it appears today is

          5   0.060 ppm ozone.  So I'm a strong advocate because

          6   I know that my health, my costs of healthcare will

          7   go down the cleaner the air becomes in Atlanta.

          8        I'd like to also advocate for another position

          9   and Atlanta has already had rationing down clean

         10   air standards, but what has been missing, though,

         11   is strong enforcement.  I believe the State

         12   Implementation Plan has always been years late and

         13   some of that is U.S. EPA's lack of control lack of

         14   support and also enforcement.  I know I currently

         15   am not an active volunteer with the Georgia Sierra

         16   Club, but I have had past roles with the Georgia

         17   Sierra Club.  I'm presently giving my comments as

         18   an individual, so I know firsthand that enforcement

         19   actions we've not had support from the Region IV

         20   Office for this.  According to the law, enforcement

         21   actions that we've been initiating.  So the

         22   standards are one thing, but enforcement -- you can

         23   have all the standards on the books, as we

         24   currently have the last seven years, has been an

         25   excellent example of how having standards but not

                                                                       212

          1   enforcing them has been a problem.

          2        So Atlantans need clean air.  So I wish you

          3   speed and success in promulgating your rule change

          4   and also funding for your enforcement office.

          5   Thank you very much.

          6        MR. PAGE:  Thank you very much for coming by.

          7   We appreciate it.

          8        We are going to call a truce on your last

          9   name, if you will pronounce it when you get up here

         10   and spell it.  Thank you for coming by.

         11        MR. HOVDESVEN:  Do you want a copy of this?

         12        MR. PAGE:  Absolutely.  We'll put the whole

         13   statement in the record and you are free to say

         14   what you want.  For the court reporter, if you

         15   would state and spell your name and say what group

         16   that you are representing in your remarks tonight

         17   that would be helpful  Welcome.

         18        MR. HOVDESVEN:  My name is Eric Hovdesven,

         19   H-O-V-D-E-S-V-E-N.  I am here as an attorney and

         20   resident of north DeKalb County.  I am just

         21   representing myself as a concerned individual.  I

         22   was from 1999 through 2004, I had served on the

         23   Georgia Regional Transportation Authority or GRTA

         24   Board and so I have some familiarity with some of

         25   these issues and I have always taken an interest in

                                                                       213

          1   them.

          2        I am here today to express my agreement with

          3   the Clean Air Scientific Advisory Committee, U.S.

          4   PIRG, the American Lung Association, American

          5   Academy of Pediatrics, American Thoracic Society

          6   and many others who have recommended a standard

          7   below the current one of the current one being

          8   0.080, they are recommending some 0.060 and others

          9   0.070.

         10        The last time EPA revised the standard for

         11   ozone air pollution was in 1997 when the Agency an

         12   8-hour standard of 0.080 ppm.  This is a standard

         13   that metro Atlanta is still not meeting.  And a

         14   review of metro Atlanta so-called progress in

         15   landuse and transportation revealed that a mere

         16   failure of resolve is the only reason they have not

         17   met it.

         18        While metro Atlanta has added a handful of new

         19   bus service the State of Georgia also has continued

         20   to not provide meaningful state funding to the main

         21   and only significant transit provider, MARTA.  Thus

         22   while some suburban bus lines were added, MARTA was

         23   forced to significantly cut bus and rail service.

         24   The transportation plans currently on tap are

         25   slipping back towards a mentality of making more

                                                                       214

          1   room for single-occupancy vehicles.  The I-75

          2   corridor project is not a meaningful transit

          3   project as it mixes cars with buses.  This project

          4   by building new lanes for trucks and HOV vehicles

          5   that are already traveling in the corridor, really

          6   is much, if not more, an increase in capacity for

          7   single-occupancy vehicles.  Likewise, the I-285

          8   studies signal a lack of resolve for meaningful

          9   transit in that corridor.  State officials have

         10   also turned their backs on attempts by the City of

         11   Atlanta to implement a belt line transit route or a

         12   Peachtree Street trolley route as well as attempts

         13   for meaningful transit connections to the Emory

         14   University/CDC/Clifton corridor.

         15        Thus while setting meaningful ozone standards

         16   has significant health benefits, it also has

         17   collateral benefits of providing incentives for the

         18   region not to subsidize sprawl in single-occupancy

         19   vehicles travel through an unbalanced contribution

         20   of capacity to these types of uses or behavior.

         21   This, in turn, creates a more sustainable

         22   community, lowers our dependence on foreign oil and

         23   reduces the release of greenhouse gases while

         24   saving green space by making redevelopment rather

         25   than virgin development more attractive.

                                                                       215

          1        Thank you for your time.

          2        MR. PAGE:  Thank you.

          3        We are going to get y'all registered in.  The

          4   court reporter needs you to spell your name and if

          5   you have an affiliation or you are representing a

          6   group.

          7        MR. JENKINS:  I'm not representing a group.  I

          8   have an affiliation.

          9        MR. PAGE:  Okay.

         10        MR. JENKINS:  My name is Alan Jenkins,

         11   A-L-A-N, J-E-N-K-I-N-S, and I work with Earth

         12   Covenant Ministry and (inaudible) Presbyterian

         13   Churches in the Atlanta area and the Presbyterian

         14   Church, USA.

         15        MR. PAGE:  Okay.  Very good.  Well, we're

         16   ready for you.  Go for it.

         17        MR. JENKINS:  I speak today in favor of

         18   revising the EPA ozone 0.070 to 0.075 ppm.  As we

         19   know, according to the Clean Air Scientific

         20   Advisory Committee the current limit on ozone of

         21   0.080 ppm is to high to protect public health, so

         22   the Clean Air Scientific Advisory Committee has

         23   advised the Environmental Protection Agency to

         24   reduce the limit on ozone to a level in the range

         25   of 0.060 to 0.070 ppm.  So I stand here in support

                                                                       216

          1   of a change in revising the EPA ozone standard to

          2   0.075 ppm at the most.

          3        As a citizen concerned about public health,

          4   not the least of which is my five-year-old nephew,

          5   who lives on the north side of Atlanta, I urge the

          6   EPA to set this new and necessary standard.  Big

          7   business will resist, of course.  They will say

          8   that technology to reduce air pollutant emissions

          9   is too costly for consumers, but history tells us

         10   that polluting industries will not lead without the

         11   EPA raising the bar.  Revising the ozone will

         12   encourage the technological developments and not

         13   the other way around.  I urge you to consider and

         14   compare the costs in public health where industry's

         15   concerns of costs of technological improvements.

         16   Such comparison, strictly from a financial

         17   perspective, makes clear the urgency of clear air.

         18        Last, as a member and soon to be ordained

         19   minister in the Presbyterian Church, USA, I stand

         20   before you to share a growing awareness in our

         21   denomination and, indeed, in faith communities

         22   across the country that the health and well-being

         23   of God's creation is of paramount importance in the

         24   life of faith and our service to God and in our

         25   practice of love for our neighbors.  Any form of

                                                                       217

          1   pollution is blasphemy before our creator.  A sin

          2   of which all of us are guilty, no doubt.  A sin for

          3   which public health and all creation pay a price.

          4   Therefore, it is incumbent upon us to do all we can

          5   to limit our emissions.

          6        Again, I stand in favor of revising the EPA

          7   ozone standard to within the range of 0.070 to

          8   0.075.  Thank you very much.

          9        MR. PAGE:  Thank you for coming here tonight.

         10        You've  heard us welcome a couple of other

         11   folks and if you say your name for the court

         12   reporter and the proper spelling and if you are

         13   affiliated with a group, that's always good for us

         14   to know, if you're representing yourself, that's

         15   great.

         16        MS. LEW:  Okay.  My name is Joy Lew.  It's

         17   spelled J-O-Y, L-E-W.  I'm a private citizen,

         18   although I am a member of the Sierra Club.  I came

         19   down here because I recently actually received an

         20   e-mail for this hearing and I want to speak a

         21   little bit about the Clean Air Act and the changes

         22   and this is something that affects me personally

         23   because I moved to Atlanta about six or seven years

         24   ago and within two years I have developed my severe

         25   asthma.  And I am actually planning on moving away

                                                                       218

          1   from the city because it's not getting any better.

          2   And it took a while, actually, for my doctor to

          3   figure out what was wrong with me.  And then I knew

          4   something was wrong because I started to have heart

          5   problems.  And I knew something was wrong for

          6   someone in their late 20s to be having heart

          7   problems, but I wasn't getting enough air and so my

          8   heart was under a lot of strain.  And finally

          9   figured out the reason I was having heart problems

         10   was because my asthma was being untreated.  And I

         11   had asthma as a child, but I'd outgrown it and

         12   didn't need any kinds of medications and in my

         13   adolescence I was very active.  I could, like, ride

         14   bikes.  I could do all kinds of things, but when I

         15   moved here I started to discover that over time my

         16   ability to be involved in all the various other

         17   activities was very limited.  I kind of dreamed

         18   when I came here to the big city I would eventually

         19   begin to use the mass transit, instead of ride a

         20   bike everywhere.  I felt this would be a fabulous

         21   way to live.  I discovered based on politics, a

         22   city with mass transit is not a very efficient way

         23   to get around.  I walk when I can, but that sets

         24   off my asthma and there is absolutely no way I can

         25   bike here with the air quality.  I tried, but

                                                                       219

          1   unfortunately I was very disappointed.  I had to

          2   give my bike away to my friends.  It's really very

          3   sad.  I would like to think that in this country

          4   with the amazing kind of government that we have, I

          5   could provide the citizens with better quality air.

          6        I had the marvelous opportunity to go to China

          7   this year.  What I saw firsthand is what a county

          8   is like when you don't have someone like the EPA

          9   there and it was horrible.  I had to have the face

         10   mask.  I was using my inhalers all the time and I

         11   knew this when I went over there that the air was

         12   bad, but every night the sky was orange.  It didn't

         13   even get dark there it was so much air pollution.

         14        And so when I came back to America, for the

         15   first time when we came in on the plane, we saw

         16   clouds.  We hadn't seen those at all in China,

         17   there was so much smog.  And I remember when I was

         18   there just hoping, one, (inaudible) in my lifetime;

         19   and, two, really appreciating what has been done on

         20   behalf of the government to help people, but I

         21   would really like to be able to see more just

         22   (inaudible).  In my own case, I know to have seen

         23   firsthand what it's like to have your health really

         24   affected.  I know that I'm not totally out of

         25   shape.  I mean, I can go to the gym and use the

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          1   bikes inside where we have the ozone problem and

          2   I'm okay there, but as soon as I try to get out,

          3   like, on the streets of Atlanta, it's horrible.

          4   Last summer, last July, we had a lot of red days

          5   and I would walk outside of my apartment and I

          6   would start to immediately have an asthma attack.

          7   It's just so sad to me.  I think this is such a

          8   beautiful country and I think we have really

          9   wonderful resources here.  And I really like the

         10   idea of improved legal laws and enforcement of the

         11   laws of EPA having the power to crack down the

         12   companies to really be able fill their mandate, not

         13   only with the plants, but the things that we eat,

         14   but the people themselves.  Thank you.

         15        MR. PAGE:  Thank you.  Thank you for coming

         16   by.

         17                       - - -

         18        (Whereupon, the hearing was concluded at 9:00

         19   p.m.)

         20                       - - -

         21

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          1                      C E R T I F I C A T E

          2   STATE OF GEORGIA)                               )           3   COUNTY OF DEKALB)

          4

          5        I, JANET R. ALLEN, being a Certified Court Reporter

          6   in and for the State of Georgia, do hereby certify that

          7   the foregoing transcript, consisting of 220 pages, is a

          8   true, complete and correct transcript record of the

          9   aforesaid proceedings reported by me.

         10        I further certify that I am not related to,

         11   employed by, counsel to, or attorney for any party,

         12   attorney, or counsel involved herein; nor am I

         13   financially interested in this matter.

         14        This transcript is not deemed to be certified

         15   unless this certificate page is dated ad signed by me.

         16        WITNESS BY HAND AND OFFICIAL SEAL this 21st day of

         17   September, 2007.

         18                                              __________________________          19                               JANET R. ALLEN, CCR                                           CCR No. B-1213.          20

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