PUBLIC HEARING
WEDNESDAY, AUGUST 24, 2011 AT 6:30 PM
AT
THOMAS CRANE PUBLIC LIBRARY
40 WASHINGTON STREET
QUINCY, MASSACHUSETTS 02169
FOR THE PROPOSED
NONRADIOACTIVE HAZARDOUS
MATERIAL ROUTE
IN THE CITY OF BOSTON, MASSACHUSETTS
COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
FRANCIS A.
DEPAOLA, P.E.
HIGHWAY ADMINISTRATOR
THOMAS F.
BRODERICK, P.E.
ACTING CHIEF ENGINEER
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PRESENTERS AND OFFICIALS
Thomas Broderick, Acting Chief Engineer
Arthur Greenberg, Battellele Memorial Institute
Neil Boudreau, State Traffic Engineer
Charles D.
Rennick, Esq., Legal Counsel
Thomas Tinlin, Commissioner, Boston Transportation
Department
Donnie Daly, Moderator
Joe Sakelos, Arlington Typing Mailing
SPEAKER INDEX
Name
Thomas Broderick
Arthur
Thomas
Donnie
41, 42, 43, 45
Lee Dingee
Tackey
Greenberg
Tinlin
Daly
Chan
Alejandro Alves
Christine Stickney
Chris
Ann
Morrissey
Moritz
Ann Devlin Taglia Farrow
Al Leers
Zee Wang
3,
7
14
28
29
32
34
38
39
41
42
43,
12,
44,
38
45
Page
28, 29, 32, 34, 38, 39,
Description
SignIn Sheet
EXHIBITS
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Page
48
50
1
2 MR.
BRODERICK: Good evening.
My name is Tom
3 Broderick.
I'm the acting chief engineer for MassDOT.
4 I'm joined tonight by Neil Boudreau to my right, the
5 state traffic engineer, and to my left, Charlie
6 Rennick from our legal department.
Arthur Greenberg
7 from Battelle Memorial Institute, the consultant that
8 prepared the hazmat study is also here to provide
9 brief summary of his report and its findings and its
10 compliance with federal regulations and routing
11 criteria.
12 For some background on why we're here today,
13 following 2009 decision by the Federal Motor
14 Carrier's Administration, the City of Boston was
15 required to conduct risk analysis subject to the
16 federal routing criteria evaluating alternative hazmat
17 routes.
The City of Boston engaged the service of
18 Battelle Memorial Institute to perform the risk
19 analysis which examined number of routes in
20 consultation with MassDOT which ultimately concluded
21 that existing route through the downtown area of
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1 Boston in significantly higher in risk than the travel
2 around the beltway around Route 128.
3 MassDOT conducted technical reviews on the
4 report's risk assessments and we requested additional
5 information to ensure that the proper methodology and
6 procedures were consistent and employed to assess the
7 risks.
Those comments and responses are located on
8 our website.
9 In accordance with the federal regulatory
10 process, we're here today to provide public
11 provide the public and interested parties with the
12 opportunity to provide their comments and testimony on
13 the proposed hazardous material routing designation
14 that came about as result of the analysis performed
15 by Battelle.
The proposed routing designation is
16 under the proposed route, hazmat vehicles will be
17 prohibited from using the downtown area of the City of
18 Boston for through transportation of hazardous
19 materials.
Hazmat deliveries with the point of origin
20 or destination within the downtown are still permitted
21 provided the motor carrier receives the required
22 permits.
Route 128 would be designated as the
23 preferred throughroute over which the hazmat
24 approaching the city would be transported.
25 As far as what the law says, under federal law,
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1 MassDOT is the state routing agency with the
2 responsibility for ensuring that all hazmat routing
3 designations comply with the federal routing
4 standards.
MassDOT must resolve all conflicts among
5 hazardous materials routes and approve all hazardous
6 materials routing designations under the federal
7 regulations.
8 The federal routing standards include among
9 others, population, density, type of highway, type of
10 hazardous material, emergency response capabilities,
11 consultation with affected persons, proximity to
12 schools, hospitals, playgrounds and other sensitive
13 areas, (inaudible) considerations, continuity of
14 routes, alternative routes, affects on commerce,
15 delays in transportation, climatic considerations and
16 congestion and accident history.
17 Again, we have number of speakers signed up to
18 speak tonight so I'd like to remind everybody to try
19 to keep their comments brief so that everyone who
20 wishes to participate has an opportunity to speak.
21 Copies of the report, the federal routing standards
22 and frequently asked questions and other relevant
23 information are available through the MassDOT website.
24 If you have any questions, please submit them to us
25 through the comment sheets available at the signin
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1 desk and we'll respond accordingly.
Again, everybody
2 should have copy of the hearing notice as well as
3 the signin sheets as well as the comment sheets.
4 Those were all on the desk when you were coming into
5 the room.
6 After receipt of all comments and an analysis of
7 any new information presented for review relative to
8 the risk assessments that may alter the initial
9 determination, MassDOT will inform the federal motor
10 carriers of the final preferred routing.
11 The format for tonight's hearing will be for
12 MassDOT to solicit testimony.
Responses to comments
13 will be grouped by topic and responded to through our
14 website.
There are number of frequently asked
15 questions, as stated before, that are already
16 displayed on the website and we will be adding to
17 these comments as the hearings progress.
Tonight is
18 the second of four hearings that are going to be held
19 across the greater metropolitan area on this issue.
20 Before go any further, I'd like to acknowledge
21 Secretary Mullen is attendance tonight.
From the City
22 of Quincy we have Frank Tramontozzi, and Jack Gillon
23 representing the mayor's office, Mayor Koch, and we
24 have number of officials from the City of Boston and
25 I see that we have some representatives from other
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1 cities and towns but didn't get their names before
2 the hearing started.
3 Now I'd like to introduce Arthur Greenberg who
4 has few remarks regarding the hazmat evaluation that
5 was undertaken by Battelle.
6 MR.
GREENBERG: Thanks, Tom.
As Tom mentioned,
7 Battelle in preparing this analysis was actually
8 complying with federal regulations and this was
9 he mentioned, we were requested by the City of Boston
10 to do this analysis.
The regulations we followed were
11 regulations for nonradioactive hazardous material so
12 it doesn't include radioactive materials, and the way
13 we conducted the analysis is that we followed
14 guidelines that are included in the regulations and
15 these are guidelines that are published and available.
16 If you do search, you can find them.
And so the
17 risk analysis is actually document called Guidelines
18 for Applying Criteria to Designate Routes for the
19 Transport of Hazardous Materials.
20 And Tom already mentioned that the the
21 regulations there are factors that must be considered,
22 including such things as population density, type of
23 highway, emergency response capabilities and so forth.
24 And when Battelle did their analysis, we tried to
25 obtain the best quantitative data available for each
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1 of these 13 particular variables or attributes or as
2 they call it, factors.
Battelle sought and received
3 great deal of cooperation from number of
4 Massachusetts number of agencies in
5 Massachusetts including MassDOT, the state police,
6 Mass.
GIS, Geographic Information Systems, the CTPS,
7 which is Central Transportation Planning Staff, and
8 number of different agencies within the City of Boston
9 including the fire, police and transportation
10 departments among others, and we also consulted with
11 researchers at the University of Massachusetts
12 specifically in their UMass Safe program which is an
13 interdisciplinary program designed to do research on
14 transportation safety.
And they've been working with
15 the with the state police to look at
16 transportation safety.
17 To select alternative routes, we worked with
18 number of groups in doing this including there's
19 North End Task Force, Hazmat Task Force in North End
20 in Boston, the Massachusetts Motor Transport
21 Association, and also of course many governmental
22 agencies as well.
23 And we looked at total of 18 routes.
In order
24 to conduct our risk assessment, we had to get some
25 particular kinds of data, information, and one was
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1 truck accident rates.
Another was population
2 was key half mile of either side of the
3 route, and third type of information we needed was
4 actually the types of hazmat truck cargoes that were
5 coming through the area.
6 In order to get the accident rates, as
7 indicated, we went to UMass Safe, the University of
8 Massachusetts, and they developed accident rates for
9 us.
Battelle supplied the actual truck flows to the
10 University of Massachusetts so they could develop the
11 accident rates, and they supplied accident rates by
12 what I'll call road functional classes, and we use
13 those for urbanized areas.
14 For population, we used the census where we got
15 residential and employment population.
We estimated
16 populations for hotels, hospitals, nursing homes,
17 schools and even the visitors where we talked with
18 the got information from the National Park
19 Service because that's major component of the
20 visitor population in Boston and vicinity.
And then
21 even after comment from the State, we looked at
22 visitors or shoppers at shopping centers.
We looked
23 at that.
24 In order to get the estimate the type of
25 hazardous material that's moving in the area, we
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1 looked at number of different sources: One was
2 actually hazardous material spills, so you can get an
3 indication of what's moving through an area by what
4 happens in the incident or accident.
We looked at
5 permits, specifically permit applications to the
6 Boston Fire Department.
We looked at Boston Police
7 inspection records, when they inspected hazardous
8 vehicles, and we also sent out quesionnaires,
9 something like 1,200 quesionnaires to primarily
10 carriers and others within the vicinity of Boston.
11 And finally, we also got information from the U.S.
12 Bureau of Census, and they conduct periodic
13 hazardous material commodity flow, census for the
14 United States, but they did special run for us for
15 the Boston region so we could find out what was going
16 on.
And as probably most of you could guess, the
17 major type of hazardous material in the Boston
18 vicinity is flammable liquids or what's in the
19 you follow hazardous material, Class 3, and that's
20 primarily things like gasoline and then diesel fuels,
21 that sort of thing.
And that's estimated that.
22 That constitutes great than 90 percent of the
23 shipments.
24 So the routing analysis when we looked at risks,
25 we looked at the risk, the relative risk to public
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1 safety of transporting hazardous materials.
And
2 guess the logic is you look at the probability of an
3 accident or incident and the consequences it might
4 have on the population.
And the actual formula
5 we used, you can read about it more in the report, was
6 risk equals accident rate times number of people
7 adjacent to the route.
So that's the actual formula
8 we used to come up with the risk.
9 The throughrouting criteria, so the routing material
10 that we followed say that if you're comparing route,
11 so for example, the route through Boston with another
12 route, say the route that goes around, basically 128,
13 if one route has more greater than, has 50
14 percent or more greater risk than the other route, you
15 can actually select the route with the lower risk.
16 And so when we we did our analysis and we
17 compared the routes from the routes from
18 Everett to there's the map over there showing
19 the route, but we compared it from Everett down to
20 Quincy and we compared that with Everett all the way
21 up and around, around the beltway to Quincy, so
22 through the city or all the way around.
We found that
23 the risk going through the city was considerably
24 greater.
25 And we actually did our analysis for both day and
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1 night, we separated out populations by day and night,
2 and we found that in the the day that the
3 risk was something like really four times as great,
4 four times as great.
That's not in percentages, but
5 four times as great as if you were actually going
6 through the City of Boston than if you were going
7 around.
And at night, it was actually something like
8 two times as great risk if you're going through the
9 city as going around.
So it wasn't as much during the
10 day.
11 We looked at addition to risk, we
12 risk for population, we looked at emergency response
13 capabilities, we looked at impacts, potential impacts
14 to the environment, the burden on commerce, and for
15 the emergency response we found that our assessment
16 that the emergency response capabilities not only in
17 Boston itself but in the surrounding communities was
18 really even though there were was fair
19 amount of difference and variation, that the
20 capabilities were adequate to deal with hazardous
21 material spills.
Environmental risk was judged to be
22 secondary to population risk, and therefore not
23 differentiator among the routes.
24 And we also analysis showed that the
25 burden on the commerce would be reasonable if the
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1 route around that beltway was selected as opposed to
2 going right through the City of Boston.
3 So to sum that up, although we're not discounting
4 the significance or comparison of emergency response
5 in the sense of environmental areas, burden of
6 commerce, all those things, they just we
7 looked at them, they just did not trump the risk to
8 the population which really was the dominant category
9 when we looked at the selection of or recommendation
10 for routes, and so our conclusion was that there was
11 really was really ample justification for
12 restricting hazmat shipments through downtown Boston
13 during the day because there was much greater risk
14 of shipping during the day.
And even at night,
15 although the difference was not as great, in other
16 words, it was not as was not that much riskier
17 to ship through Boston as going around, there was
18 still ample justification to restrict traffic through
19 Boston at night as well.
20 I might just add note that there's nothing in
21 the analysis in the analysis that said that
22 or that indicated that there should be any
23 restrictions in the delivery of hazardous materials to
24 local communities.
Let me take that back.
There's
25 nothing to say that deliveries of hazardous materials
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1 within Boston should deliveries within Boston
2 should be restricted.
Nothing other than the
3 restrictions currently in place based on the Boston
4 permit restrictions.
So we didn't find any
5 didn't really look at that aspect either because our
6 focus was the through routing.
Thank you.
7 MR.
BRODERICK: Thank you, Art.
I'd like to
8 introduce Commissioner Thomas Tinlin from the City of
9 Boston to furnish remarks on behalf of Mayor Menino
10 and the various city departments of which this will be
11 one set of testimony from the city.
They will be
12 representing some of the other members of the city
13 government that are with us tonight, Boston Fire
14 Marshal Frank Kodzis, Boston Police Deputy
15 Superintendent Bill Evans, Director of Emergency
16 Preparedness Bill McGough, BTB Commissioner Jim Gileel
17 who isn't here tonight, corporation counsel, outside
18 counsel, Charles Dyer.
19 MR.
TINLIN: Thank you, Tom, Secretary Mullen,
20 thank you for MassDOT for putting these hearings on.
21 I'd also like to thank Mayor Koch for providing such
22 beautiful venue for us this evening as well.
23 The testimony I'm about to give on behalf of
24 Mayor Menino is the same testimony which was heard
25 last night, which will be heard next week at the two
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1 remaining hearings.
The mayor feels it's important
2 for folks to understand, especially folks from outside
3 the City of Boston to understand how we got to where
4 we are in the process that has led to this hearing
5 process.
It's important for us to let our colleagues
6 in government and our neighbors know that this
7 undertaking was not done at the City's choosing.
It
8 was done because of federal mandate which in order to
9 control our own destiny and to create safer city, it
10 was mandated to us to follow this process.
11 So again, am Commissioner Tom Tinlin, I'm here
12 to give testimony on behalf of Mayor Menino and am
13 joined, as Tom said, Superintendent Bill Evans, Boston
14 Police, the director of the mayor's Office of
15 Emergency Preparedness, John McGough, Fire Marshal
16 Frank Kodzis, outside counsel Charles Dyer and Deputy
17 Fire Chief Bart Shea.
18 This testimony will lay out the City of Boston's
19 public safety decisions to seek and propose an
20 alternative highway route for the transportation of
21 hazardous materials to bypass the downtown portion of
22 the City of Boston when neither the pickup nor
23 dropoff location for the cargo is located in the
24 city.
25 We all remember how the events of 9/11 horrified
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16
1 and shocked the world.
At that time governments
2 around the globe began determined effort to ensure
3 the safest environment possible for all to live, work
4 and visit their cities.
As massive undertaking
5 began to harden targets of opportunity against
6 terrorist attacks, simultaneously an equally important
7 effort was under way to identify and mitigate everyday
8 hazards in our cities that also posed very real
9 risk, risk to life, property and economic vitality.
10 The City of Boston participated in the self
11 review along with almost every major city in the
12 country.
One issue that stood out immediately was the
13 transport of hazardous materials through the City of
14 Boston with hazmat cargo trucks, these trucks using
15 downtown streets as shortcut for the sake of the
16 profit and convenience for the trucking industry.
17 The completion of the Central Artery Tunnel
18 Project, the depression of the John Fitzgerald
19 Expressway and I93 corridor in downtown Boston which
20 previously served as designated hazmat route
21 transformed this roadway into tunnel for which
22 hazardous materials are excluded.
As result, those
23 hazardous material trucks that were once confined to
24 the interstate highway system were now rerouted to
25 surface streets in downtown Boston neighborhoods,
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1 bringing these hazmat cargoes into much closer
2 proximity to the general population on and adjacent to
3 the public ways.
4 For many years the Boston Fire Department and the
5 city regulations established in 1980 had regulated the
6 transportation of certain quantities of hazardous
7 materials on our roadways and had issued what we've
8 known as cutthrough permits to the trucking industry,
9 allowing them through access on city streets where
10 there was neither point of origin nor destination.
11 It is important to remember that these permits were
12 granted by the city purely as convenience measure
13 for the trucking industry, not as right.
In point
14 of fact, these permits were granted by the fire
15 commissioner for the specific purpose of authorizing
16 these motor carriers to operate on city streets in
17 exception to otherwise applicable restrictions
18 contained in the city's regulations but only where
19 compelling need was shown by company and where
20 transporting the hazardous material was found to be in
21 the public interest.
It became clear that these
22 carriers were not dropping off or picking up cargo in
23 Boston and they were not meeting the compelling need
24 nor the public interest (inaudible).
The risk of
25 having them on our streets and in the densely
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18
1 populated downtown area was too great.
2 We welcome and continue to welcome local deliveries by
3 trucks carrying hazardous materials necessary for the
4 daily operation of the multitude of public and private
5 buildings located within Boston.
However, continuing
6 to accept the extra burden from cutthrough vehicles
7 with no business purpose for being in the city other
8 than operating convenience presented an unreasonable
9 risk to the general public when safer routing
10 alternatives are readily available.
11 To provide the industry with an opportunity to
12 present its case on this issue, in 2006 we held
13 individual hearings with all hazardous material
14 carriers who had previously been issued cutthrough
15 permits for the downtown Boston area.
It should be
16 noted that the city ordinance authorizing regulations
17 that allow these permits to be issued clearly states
18 that economic criteria shall not should not
19 but shall not be determinative of whether or not an
20 alternative route outside the city is practical.
21 Similar federal regulations state that operating
22 convenience of the motor carrier is not basis for
23 determining whether such an alternative route is
24 practical.
25 At the hearings, companies testified before
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19
1 committee made up the representatives from Boston's
2 transportation, police and fire departments.
If they
3 were prohibited from cutting through the city, their
4 trips would be longer, would become longer and more
5 expensive.
This translates into operating convenience
6 and economic factors, the two very criteria that the
7 city's permitting process clearly states the fire
8 commissioner shall not consider when deciding whether
9 or not to issue permit.
10 We also heard similar statements at last night's
11 hearing held in Boston.
While still focused on
12 enhancing public safety, the City of Boston wanted to
13 be as helpful to this important industry as possible.
14 Therefore, rather than applying the city's 1980
15 regulations strictly to impose an allout 24hour,
16 seven day week ban on the use of city streets, we
17 opted in 2006 to implement daytime ban.
This would
18 prohibit the transport of hazardous materials through
19 the city during the period when our population almost
20 doubles due to our work force, commuters, tourists,
21 students and others.
At the same time, it would allow
22 the through movement of hazardous materials between
23 the hours of 8:00 p.m.
and 6:00 a.m.
to continue.
24 Although this provided the industry with 10 hours each
25 day to cut through downtown Boston, the decision did
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20
1 not sit well with some folks who are in the room
2 tonight.
Nevertheless, it was good faith effort to
3 balance the public safety meetings with the city with
4 the demands of the industry.
5 The change went into effect on July third, 2006
6 and lasted for about four years, with no complaints
7 from the Commonwealth, the federal government, elected
8 federals or surrounding communities.
At the same
9 time, to increase public safety in connection with the
10 transportation of hazardous materials within the city,
11 the City of Boston determined that it was in the
12 public interest and prudent to adjust the local hazmat
13 route shifting hazmat traffic from the temporary route
14 during Central Artery construction along Commercial
15 Street to the newly improved surface roadway and cross
16 street corridor which as result of the Central
17 Artery project now encompassed better sight distance,
18 geometry, signalization and lighting and which was
19 shorter, more direct route than the Commercial Street
20 segment.
21 In disagreement with these two changes, the
22 American Trucking Association and the then Mass.
23 Highway Department requested and was granted
24 preemption determination from the Federal Motor
25 Carrier Safety Administration.
The preemption
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1 decision was issued on November sixteenth, 2009, and
2 following the request for an extension became
3 effective on July first, 2010.
In the decision the
4 federal government indicated that they did not
5 necessarily disagree with the routing decisions that
6 had been made, but determined that the City of Boston
7 did not follow the proper process under federal
8 regulations before implementing this program.
Their
9 rationale was that the City's actions of modifying its
10 past permitting practice in downtown route was taken
11 without the required study and consultative process
12 and had created defacto new route designation.
We
13 were surprised by this.
The City did not intend to
14 designate an entirely new route but to simply enforce
15 a longstanding local regulation which allows us to
16 control the hours that these vehicles were allowed to
17 travel on the route which now has been realigned to
18 take advantage of improved surface roadways within the
19 same central transportation corridor.
20 In any event, the federal government had made its
21 ruling and the city was left with only two options:
22 One, allow trucks carrying hazardous materials to cut
23 through the industry every day of the week both date
24 and night; or two, go through this process as laid out
25 by the Federal Motor Carrier Safety Administration.
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1 The city chose the latter.
2 To comply with this request, the City engaged the
3 Battelle Memorial Institute, 501C3 charitable trust
4 headquartered in Columbus, Ohio that you heard from
5 tonight.
Battelle is an internationally respected
6 consulting firm that specializes in hazardous
7 materials transportation analysis, risk assessment and
8 policy support.
The findings of this federally
9 mandated study were eye opening.
10 As said earlier, our plan was simply to
11 prohibit hazardous materials from cutting through the
12 city during the day.
This study, however, demanded by
13 the industry, concluded that the movement of hazardous
14 material trucks through the City of Boston using the
15 current downtown routing presents significantly more
16 risk to the general public during both the daytime and
17 the nighttime than available alternative routes that
18 bypass the densely populated downtown area of Boston.
19 In fact, the relative difference in risk to the public
20 between the routes was so compelling both day and
21 night that under the established federal
22 throughrouting criteria, the length of the deviation
23 on the proposed alternative route did not have to be
24 taken into account.
The proposed bypass route is that
25 much safer.
Faced with conclusive evidence of
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1 unacceptable risk, the City now had no choice but to
2 pursue nighttime restriction on hazardous
3 transportation as well.
4 The City of Boston has carefully, meticulously
5 completed what the federal and state government as
6 well as the industry demanded us.
It was long and
7 arduous process but the city of Boston got the job
8 done.
As the agent responsible for designating
9 hazardous cargo routes, it is now time for the
10 Massachusetts Department of Transportation to complete
11 its job.
12 The Commonwealth has invested literally billions upon
13 billions of dollars in our interstate roadway system
14 including the ongoing current widening of Route 128.
15 This is designed to promote and enhance interstate and
16 intrastate commerce and enhance highway transportation
17 safety.
The regional through transportation of
18 hazardous materials falls into this category.
This
19 industry should be on that interstate roadway, pure
20 and simple, not on routes that go through or near
21 heavily populated areas, places where crowds are
22 assembled on crowded urban streets, especially where
23 alternative highway routes are demonstrated to be
24 safer and present significantly lower risk to the
25 general public.
To allow this practice to continue
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1 with this overwhelming evidence would be reckless and
2 ill advised.
3 The industry demanded this process but now they don't
4 like the results and they want doover.
The
5 industry will tell you that it will cost them too much
6 time and money when in fact, we're talking about an
7 estimated 22 minute increased travel time in each
8 direction.
Imagine, 22 minutes of travel as opposed
9 to thousands of lives unnecessarily put at increased
10 risk.
They will tell you it's too expensive.
They
11 will tell you that it's too expensive, yet Battelle's
12 report estimates the cost will be less than one cent
13 per gallon of product, less than penny as opposed to
14 putting thousands lives at risk on daily basis.
15 The industry will tell you that Boston is better
16 equipped in the event of disaster.
This is probably
17 the most insulting argument to date.
When you cannot
18 make your case based on fact, make it through fear.
19 Industry figures show that an incident involving
20 hazmat transportation occurs on average once for every
21 one million vehicle miles traveled.
Despite this
22 data, single crash of truck transporting hazmat in
23 a crowded area has potential for deaths and injuries
24 far beyond that of truck carrying nonhazmat cargo
25 which is why we're here.
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1 Recognizing the potential for severe hazardous
2 material incidents underscored the need for
3 designating appropriate routes for the transportation
4 of hazardous materials which is key strategy for
5 increasing and ensuring public safety.
An incident on
6 128 is no doubt disaster, but the same incident in
7 the heart of downtown Boston is nothing short of
8 catastrophe that will exacerbate exposures and have
9 farreaching effects on life, property and the very
10 economic vitality of our region.
11 Also, as you know, Boston provides more emergency
12 response local aid than any other city or town in the
13 Commonwealth, and that will not change.
In 2009, we
14 were on scene in the tanker accident in Brown Circle
15 in Revere and in Saugus last month.
So the argument
16 that Boston is better equipped to handle an event is
17 insulting on too many levels to get into here.
It's
18 unfortunate that some would attempt to make this
19 Boston versus its outlying communities and our
20 suburban outlying communities and our
21 suburban neighbors, when nothing could be further from
22 the truth.
23 The primary criterion for routing designation
24 is that the designated route significantly reduces
25 public risk.
The federal standards for the highway
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1 routing of hazardous materials plays central
2 importance upon enhancing public safety.
The federal
3 routing designation provides that we engage in an
4 expressively designed are expressively designed
5 to identify and evaluate roadway and community
6 characteristics that make one route preferable to
7 another from the perspective of improving the overall
8 public safety associated with the transportation of
9 hazardous materials.
Interstate routes that avoid
10 populated areas minimize these risks because of their
11 better safety records.
It's really matter of
12 minimizing unnecessary risk to the greatest number of
13 potentially exposed people in the areas most likely to
14 experience an accident involving hazardous material
15 release.
16 In closing, Mayor Menino would like to thank
17 MassDOT for holding these public hearings, for working
18 so closely with us on this issue.
The mayor would
19 also like to thank our elected leaders, Senators Kerry
20 and Brown, Congressmen Capuano and Lynch, and the
21 entire Boston delegation at the Statehouse led by
22 Representative Aaron Michlewitz, for their support in
23 seeing this process through as well as our local
24 partner, Boston City Councilor Sal Lamattina, and all
25 the concerned residents and businesses of people of
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1 our city and beyond who have tirelessly focused on
2 this danger.
3 The City of Boston public safety team has been
4 fully engaged on this issue for many years and will
5 strive to keep Boston and this region receive every
6 day.
If their subject matter expertise is needed,
7 representatives from Boston police and fire
8 departments as well as our homeland security office
9 are in attendance tonight and we will respond to any
10 and all questions and concerns after this hearing
11 process is completed.
12 Again, we thank you and we look forward to hearing the
13 testimony provided by others here this evening.
Thank
14 you very much.
15 MR.
BRODERICK: Thank you, Commissioner Tinlin.
That
16 concludes the formal part of our presentations tonight
17 as to how we got here and little background and
18 history of what's gone on that gets us here tonight
19 through this hearing process.
20 I'm going to open it up for the hearing portion
21 of the evening.
The hearing ground rules: All
22 speakers must sign in on the speakers list in order to
23 provide testimony.
If you haven't signed in and you'd
24 like to speak, there's still an opportunity to sign up
25 to speak.
Comments should be directed to the hearing
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1 body, they should be relevant to the topic and should
2 not be personal in nature.
Testimony should be kept
3 to three minutes or less to provide everyone with an
4 opportunity to speak.
Please avoid repetitive
5 comments.
If your comments were answered during the
6 introductory remarks, we ask you to defer in the
7 interest of time.
And as the MassDOT hearing
8 procedures, we will open from any comments by elected
9 officials then we'll open it up to the comments as
10 people signed in on the signin sheets.
I'll now turn
11 to over to our emcee Donnie Daly who will be making
12 sure that everybody who signed up speaks and has an
13 opportunity to comment.
14 MR.
DALY: Thank you very much, Tom.
First on
15 the list is City Councilor at Large from Braintree Lee
16 Dingee.
17 MR.
DINGEE: Good evening.
Thank you.
am Lee
18 Dingee.
I'm City Councilor at Large in Braintree.
19 The reason came here tonight is to learn more about
20 this hearing, about is transpiring and how it affects
21 Braintree.
We do have letter here from the Mayor of
22 Braintree, Joseph Sullivan.
just received it this
23 evening.
We will have speaker representing Mayor
24 Sullivan this evening who will go through this letter,
25 but there are couple points that we want to bring up
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1 regarding this letter.
2 The Mayor's primary concern, believe, is the
3 I93 corridor.
And Braintree, Holbrook and Randolph,
4 our water supply is reservoir in those areas, and
5 it's serviced by the area right off of I93.
An
6 accident on I93 is affecting the service (inaudible)
7 can certainly do great deal of harm to all three
8 communities, not just to its residents but to our
9 commercial entities in Braintree who also use this
10 reservoir, so we'd like you to take that into
11 consideration.
12 I won't go any further into this letter because
13 Christine Stickney will be speaking to it, but will
14 sit here and say that having read the letter,
15 support every word that Mayor Sullivan has put in it.
16 Thank you.
17 MR.
DALY: The next speaker will be Hank Joyce,
18 District Four Councilor.
19 MR.
JOYCE: I'm sorry, didn't realize Christine
20 was coming tonight so will not be speaking.
21 MR.
DALY: Thank you, sir.
The next on the list
22 is State Representative Tackey Chan from the City of
23 Quincy.
24 MR.
CHAN: Thank you, Mike.
want to thank
25 Mass.
Highway department for the opportunity to
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1 testify today on the City of Boston proposal for
2 rerouting its hazmat.
My standing opposition to this
3 proposal, the proposal here by City of Boston
4 described quite graciously that it impacts public
5 safety and (inaudible phrase) needs to take also into
6 account the regional impact of the rest of us that
7 live in adjacent communities.
11 miles from Everett
8 to Quincy versus 55 miles from Everett to Quincy is
9 not reasonable.
That's five times as much.
mean,
10 that's just fact.
Does it cost more money to
11 people?
Yes, because you have transportation things
12 further.
The cost of gas is rising so you add those
13 extra miles.
And 22 minutes on 128, I'd like to see
14 someone actually try to do that, coming out of the
15 north part of the city.
16 I had the privilege of going to convention in
17 Lowell and find myself run amok with the Medford
18 bridge project, turn around, head back down 128 and
19 then (inaudible) connection.
22 minute addition is
20 not what you get when you have significant amount of
21 traffic increase in areas especially route that has
22 24, 3, 90, as well as 95 on both sides connecting into
23 it, not to mention the little side streets such as
24 Route and others that also feed into 128 corridor.
25 So the traffic on 128 is very significant.
It's over
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1 150 percent capacity including the fact you're doing
2 all the bridge work there now which is is
3 very necessary.
So to bring in presumption that the
4 industry is making lot of money because (inaudible)
5 shorter distance, well, the customers pay the cost of
6 that inconvenience as well as the people on the roads
7 that have to (inaudible) additional traffic.
8 And also density matters are important to me as
9 State Rep from Quincy because of the fact that, you
10 know, 3, 128 and the expressway all intersect in the
11 western part of the city and adjacent to Braintree and
12 Randolph as well.
13 And we are densely populated, too, contrary to
14 what people in Boston think.
We're not exactly in the
15 suburbs where, you know, we can't see each other.
16 can reach my neighbor next door by hand so it's not
17 like I'm, you know, quarter of mile away from
18 people.
So it is impacting dense areas.
19 As public safety matter, he is correct.
20 mean, the City of Quincy and other communities have
21 worked 9/11 and worked in cooperation on insuring
22 public safety.
also remind people that when you
23 have hazardous waste incident, you do need foam and
24 you can't push water.
As (inaudible) talk about, the
25 impact on water supply.
And in the case of Saugus's
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1 fire, one of my colleagues up there on the Saugus
2 incident (inaudible) from Massport.
3 If we have an incident in Needham, you
4 have massive traffic on 128 because of the nature of
5 128, all the construction, all of the feeder roads
6 going in, I'd like to see how quickly again Massport
7 truck coming up to Needham or Waltham and in those
8 areas.
So it isn't matter or (inaudible phrase) do
9 it, there's also an interest of try to actually get
10 mutual support into the areas as quickly as possible
11 and the further away from the incident, logically it's
12 going to cause some problems.
13 So to say that this is not an issue that affects
14 communities because, you know, Boston is being good
15 neighbor to all us by giving us more hazmat traffic,
16 that's wonderful, but would also like to suggest
17 down the road that this proposal is taken (inaudible
18 phrase).
I'd be very actually interested in working
19 with my other neighbors to try to prohibit hazmat
20 traffic coming through my city and other cities and
21 towns as well.
22 So thank you very much for your time and I'll be
23 submitting some written testimony later on.
Thank
24 you.
25 MR.
DALY: The next speaker will be Alejandro
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1 Alves, who is an aid to State Senator John Keenan.
2 MR.
ALVES: Mr.
Broderick, members of board,
3 thank you for allowing our office few brief moments
4 to add remarks here.
Senator Keenan unfortunately is
5 at previously scheduled event at another location in
6 the district and regrets he cannot be here.
He does
7 wish to offer these remarks which will read on his
8 behalf.
9 Although understand the City of Boston's
10 interest in prohibited hazmat vehicles from its local
11 roadways, am concerned about the need and
12 appropriateness of such ban, especially considering
13 the impact it will have on traffic and nearby
14 communities.
For example, hazmat vehicle traveling
15 from an Everett facility to customer in Quincy would
16 see its trip nearly tripled in length resulting in
17 significant increased fuel cost for transport
18 companies as well as for their customers.
In
19 addition, the detour will add many vehicles into an
20 already severely congested roadway.
21 While the City of Boston has public safety
22 concerns, shifting this traffic from local low speed
23 roads to highspeed highway may actually increase
24 the danger posed to the general public.
25 We've already mentioned the local responders that
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1 are perhaps less wellequipped to respond along Route
2 128 than in City of Boston, and understand that the
3 environmental concerns will be addressed by Braintree
4 representatives here shortly.
5 Locally our district includes the Citgo terminal in
6 Braintree as well as smaller facility in Quincy.
7 Both communities are densely settled with combined
8 population of approximately 135,000 as well as tens of
9 thousands of additional people who work and shop
10 there.
Both communities also struggle already with
11 increasing number of hazmat vehicles that use local
12 roadways to visit these local terminals.
would
13 therefore oppose any traffic change that may result in
14 an even greater number of hazmat vehicles using local
15 roadways.
16 Again, can appreciate the concerns the City of
17 Boston has regarding hazmat vehicles on local
18 roadways.
However, those same concerns are shared and
19 applied to the communities that represent,
20 communities that lack emergency response resources
21 that Boston has to respond to any potential emergency.
22 Senator Keenan thanks you for your consideration in
23 this matter.
24 MR.
DALY: Thank you.
Christine Stickney will be
25 testifying on behalf of Mayor Joseph Sullivan of
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1 Braintree.
2 MS.
STICKNEY: Good evening, gentlemen.
My name
3 is Christine Stickney.
I'm the director of the
4 Planning Community Development for the Town of
5 Braintree.
I'm here tonight on behalf of Mayor Joseph
6 Sullivan who sends his regrets.
He had personal
7 wake that he had to attend to tonight.
He's asked me
8 to read this letter which I've given you few copies
9 and the Boston (inaudible) as well.
If you may allow
10 me the few minutes.
11 The Town of Braintree has become aware of the
12 public comment process for your agency to review and
13 consider the alternative hazmat being proposed by the
14 City of Boston.
To this end, the Town of Braintree
15 would register our protest to alternatives being
16 proposed, particularly alternatives two through four
17 that involve Route I93 to Exit 12 through the Town of
18 Braintree.
19 The town's objections are centered on two major
20 issues: Public safety and protection of the town's
21 water supply as well as the need to be more
22 comprehensive in any proposed resolution to this
23 issue.
The Town of Braintree is part of the tritown
24 water district with the neighbors of Randolph and
25 Holbrook and relies completely on surface water
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1 supplies that lie in close proximity to I93 being
2 considered under alternatives two and four.
3 Existing drainage from I93 flows directly into
4 the areas of the town's watersheds in the Blue Hill
5 Reservation, pristine natural habitat supporting of
6 recharge of these towns' water supply.
Additional
7 hazardous cargo in this area with potential fuel
8 spillage would jeopardize the water supply of all
9 three towns.
10 In addition to our focus on community's water
11 supply, we are concerned with the emergency response
12 via public safety divisions.
While we have great
13 public safety divisions of police and fire, unlike
14 Boston with special hazmat operations and resources
15 from Boston Fire Department, Cambridge and the Mass.
16 Department of Fire Service, our communities and
17 neighbors along I93 are not equipped with special
18 services comparable to Boston in critical hazmat
19 situation.
Despite our recent efforts with the EPA to
20 secure hazmat truck, the question remains that if
21 alternative routes were to be approved would the City
22 of Boston provide equipment, personal and services to
23 (inaudible) the communities?
24 To underscore just how serious the community's
25 excuse me.
To underscore just how seriously the
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1 communities of South Shore take this issue, on
2 September seventh will be hosting Mayor Koch of
3 Quincy, Mayor Kay of Weymouth as well as
4 representatives from the police, planning, public
5 works and engineering departments of our three
6 communities for strategic planning session to
7 discuss ways in which we can minimize the impacts that
8 these hazmat vehicles have on residential
9 neighborhoods.
10 I feel that the proposals of City of Boston that
11 are being discussed here tonight would only make our
12 task more difficult.
Every city and town struggles
13 with the issue of hazmat vehicles on their roads thus
14 (inaudible) solution is warranted in not shifting the
15 issue from one community to the next.
16 The Town of Braintree is very familiar with the
17 transportation of hazardous materials as host
18 community with two primary operations: Clean Harbors
19 and the Citgo petroleum terminal located off Quincy
20 Ave.
in East Braintree.
The added concern of
21 proposed alternative route along I93 is major
22 concern as to response time with the appropriate
23 apparatus.
The Town of Braintree questions the
24 analysis of the estimated emergency response times
25 particularly given that Braintree's bisected by two
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1 major highways, I93 and Route from the south.
2 Alternatives two and four are worrisome to the Town of
3 Braintree.
The add the 25 miles of transporting
4 materials over I93 to areas north of Boston coupled
5 with the emergency response time and our community's
6 water supply forced the town to stand in objection of
7 these alternative routes and respectfully request they
8 not be considered for designation by the Mass.
9 Department of Transportation.
10 In short, regional comprehensive solution to
11 the hazmat carrier issue needs to be accomplished in
12 sensitive and thoughtful manner.
Simply allowing that
13 henceforth Boston roads will no longer be permitted
14 for hazmat trucking reminds me of my favorite quote by
15 HL Meckin.
There's usually simple answer to
16 complex problem and it's usually wrong.
17 Respectfully on behalf of the Town of Braintree,
18 Mayor Joseph Sullivan.
Thank you, gentlemen.
19 MR.
DALY: The next speaker will be Jack Gillon.
20 Are you going?
Okay.
Thank you very much.
The next
21 speaker on the list is Chris Morrissey from 599 Union
22 Street in Braintree.
23 MS.
MORRISSEY: My name is Chris Morrissey and
24 I time I've been to hearing like this.
And
25 I just want to say live in Braintree and my street
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1 is the curve is where my house is.
My house is
2 set down little from the main road.
I've had two
3 cars in my front yard.
I've had my car totaled
4 in front of my house.
My neighbor has lost car in
5 front of her house and car out of her driveway,
6 totaled.
I've also had wires ripped off my house by
7 large truck.
8 So I'm just mentioning, you know, Union Street,
9 we have lot of gas trucks go up there, and in the
10 winter can watch from my window them spinning their
11 wheels to get up the hill because I'm on hill and
12 curve.
So it is dangerous.
don't want an oil truck
13 in my front yard blowing up my house.
You know, cars
14 are bad enough.
So just wanted to say that.
Thank
15 you very much.
16 MR.
DALY: Thank you.
The next speaker is Paul
17 Holland of 331 Union Street in Braintree.
18 Mr.
Holland?
Ann Moritz of 63 Atlantic Avenue in
19 Boston.
20 MS.
MORITZ: Thank you, everyone, for making this
21 event possible and for allowing us to speak in this
22 public fashion.
think this is important and
23 appreciate it.
24 I spent 20 years in the Town of Milton raising my
25 family.
Had been here as representative and
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1 resident of Milton, would care deeply about the
2 impact of what is being proposed on the Town of
3 Milton.
would have had no clue at that point what
4 the impact would have been on the City of Boston which
5 is where live now and where have lived for three
6 years.
have looked at the requirements, have been
7 involved in the research that is needed to take an
8 intelligent look at all of this proposed information
9 and realized that at the top of the list far ahead of
10 distance traveled, far ahead of cost, far ahead of
11 convenience was something that had been mentioned
12 earlier which is population density.
didn't know
13 what that meant either until looked more closely.
14 I'd like to share my perspective of what the
15 Battelle Institute is talking about when they talk
16 about four times the risk of any other suggestion, and
17 I will do it briefly because have 20 or 30 items
18 with citations that and my neighbors prepared to
19 help us become more knowledgeable.
20 There are 85 tour buses and vehicles that move
21 around this current proposed current route
22 that is being used, with 20 or so people day, 20 or
23 so people in those buses, you come to 1,700 people
24 day and you come to over 600,000 people year who are
25 moving around on tour buses only.
The hotels that are
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1 along this route, let's take two, for example:
2 Fairmont Battery Wharf hotel, over 54,000 guests
3 year; Marriott Long Wharf hotel, 300,000 guests
4 year.
Old North Church just went back over 600,000
5 visitors, the highest amount that it's had since 9/11.
6 The Freedom Trail, 3,000,000 visitors.
7 This hazmat route going through the City of
8 Boston would impact six of the significant sites:
9 Faneuil Hall, Paul Revere House, Old North Church,
10 Copps Hill Burial Ground, Bunker Hill Monument and the
11 USS Constitution.
This is Boston, our worldclass
12 city being impacted.
And I'll give you just one more.
13 And I'm happy to provide all of these for citations
14 and where they came from.
15 The Boston Globe has given us our most recent
16 information about the number of people traveling from
17 Faneuil Hall and Quincy Hill Market alone every year.
18 16,000,000 people.
1.3
million of those people walk
19 across the street in front of these hazmat trucks.
20 This is not dirty water.
This is not inconvenience.
21 These are lives on feet.
That's what four times the
22 risk meant to me.
Thank you very much.
23 MR.
DALY: Thank you.
24 MS.
FARROW: Ann Devlin Taglia Farrow, 63
25 Atlantic Avenue in Boston.
Actually, I'm going to
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1 just diddo what Ann has said, but my actually
2 assessment is on the green light.
We created Disney
3 World.
And it's like taking one of these hazmat
4 trucks, if anybody went over there and seen the
5 carousel and the baby carriages and the Segues, and
6 have personally watched these hazmat trucks go in
7 front of through red light in front of my
8 home.
So lived in Hingham for over 25 years
9 and would never have realized the impact that I've
10 lived for the past 14 years on Atlantic Avenue in
11 Boston and feel as if this is really not even
12 consideration to having these trucks go through there.
13 Thank you.
14 MR.
DALY: Ann Meyers of 535 Union Street in
15 Braintree.
16 MR.
LEERS: Hi.
My name is Al Leers.
I'm
17 speaking for my wife and myself and some other people
18 from Braintree.
19 I live on Union Street which is 100 percent
20 residential neighborhood from the 7/11 to the Sunoco
21 (inaudible) station.
It's not commercial business
22 zone neighborhood.
It's pure residential.
23 Approximate the structure of house, from my house to
24 the street is 20 feet.
Gasoline tankers have had the
25 crash in Saugus, they had the Everett crash, they had
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1 the Cape and Circle crash 30 years ago, they had the
2 Elm Street and Heyward Street incidents, Washington
3 Street in Braintree and High Street in Quincy cannot
4 be used by the gasoline tankers.
5 My suggestion is that the cargo not benefiting
6 the Town of Braintree should stay on state highways
7 because of whom it benefits.
Clean Harbors uses state
8 highways for hazardous materials and we believe that
9 the gasoline trucks that have 11,000 gallons in them
10 should not be going up pure residential areas and
11 should be on state highways.
Thank you very much.
12 MR.
DALY: The next speaker, and apologize in
13 advance on pronunciation, Zee Wang.
14
15
MR.
WANG: It's me.
This is difficult name.
MR.
DALY: apologize, sir.
From 22 Brunswick
16 Street in Brockton, Massachusetts.
17 MR.
WANG: Today come here, actually try to
18 (inaudible phrase).
was (inaudible phrase) that
19 just have rarely (inaudible) story tragic being most
20 of the (inaudible phrase) in the world.
21 First say wasn't involved (inaudible) raising
22 a few years from 2006 had several car accident,
23 eventually though find all the car accident of
24 people (inaudible phrase) law enforcement, so cannot
25 get justice.
even don't get one penny.
was
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1 disabled because of no lawyer to come help me.
So
2 want to know where can get help.
3 Okay.
Besides the car accident also get
4 (inaudible phrase) from 2006.
Never stopped until
5 today.
Based on my best (inaudible) the (inaudible
6 phrase) was controlled by U.S.
government.
7 Okay.
Basically (inaudible phrase) gather
8 today also talk about (inaudible phrase) talk about
9 radioactive material (inaudible) human being
10 (inaudible phrase) radiation.
My family and me,
11 also (inaudible phrase).
get radiation from sky 24
12 hours day until today.
Never stop.
13 Okay.
look (inaudible phrase) okay, (inaudible
14 phrase) lot.
can call the people today, okay?
15 (Inaudible phrase) was the one person in the
16 (inaudible) school to buy (inaudible phrase)
17 professional medical doctor (inaudible phrase) okay.
18 Many doctors in the world, even some medical college
19 have about 20,000 staff (inaudible phrase) people
20 (inaudible) school to professional medical (inaudible
21 phrase).
So this is when can get survive because
22 I have (inaudible phrase) everybody says you go to
23 hospital, you (inaudible phrase).
It is not always
24 like this, okay?
25 MR.
BRODERICK: Sir, have to ask you to keep
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1 your comments strictly to the issue at hand.
2 MR.
WANG: (inaudible phrase) interesting, okay,
3 I have petition say, many petition.
(Inaudible
4 phrase) few hundred people that sign.
Okay.
5 (Inaudible phrase) also want to write out how many
6 (inaudible phrase) like everybody working for like
7 human rights organizing (inaudible phrase) hope
8 people can stand out.
9 Okay.
(Inaudible phrase) sky weapon, it's more
10 worse than nuclear weapon.
Yesterday the earthquake
11 was out of Virginia.
Everybody was
12 were lot of people were scared.
13 MR.
BRODERICK: Sir.
Sir.
I'm going to have to
14 ask you
15 MR.
WANG: Oh, time's up?
Okay.
16 MR.
DALY: Thank you sir.
Mr.
Broderick, that
17 concludes the list of public speakers.
18 MR.
BRODERICK: guess that concludes the
19 official hearing portion of tonight's hearing.
As
20 said, we'll accept any comments on the written things
21 or any mailings by September twentythird and then
22 anything that's postmarked as far as comments will be
23 accepted 10 business days after the twentythird
24 provided that they are postmarked prior to that date,
25 so written comments can come in through October
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1 seventh.
2 I'd like to thank you for coming tonight,
3 participating in this public hearing process.
And our
4 next hearing is Tuesday, next Tuesday in Waltham at
5 the Clark Government Center, main auditorium.
Thank
6 you for participating.
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15
16
17
18
11
12
13
14
7
8
9
10
1
2
3
4
5 I, Sharon G.
Saalfield,
do hereby certify that the
6 foregoing record is true and accurate transcription of the proceedings in the abovecaptioned matter to the best of skill and ability.
19
20
Sharon G.
Saalfield
21
22 **ALL NAMES NOT PROVIDED WERE SPELLED PHONETICALLY TO
23 THE BEST OF MY ABILITY
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