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    <p begin="00:00:13.18" dur="00:00:02.67">CHAIR BUERKLE: Welcome back this<br/>afternoon to this public meeting</p>
    <p begin="00:00:15.85" dur="00:00:02.73">of the United States Consumer<br/>Products Commission.</p>
    <p begin="00:00:18.58" dur="00:00:03.18">The hearing that we began<br/>this morning will now resume.</p>
    <p begin="00:00:21.76" dur="00:00:02.82">Just a reminder from this morning that we --</p>
    <p begin="00:00:24.58" dur="00:00:06.71">we convene these public meetings pursuant<br/>to our statute to solicit public comment</p>
    <p begin="00:00:31.29" dur="00:00:04.88">on CPSC&apos;s notice of proposed rulemaking<br/>concerning portable generators.</p>
    <p begin="00:00:36.17" dur="00:00:01.50">We have two panels.</p>
    <p begin="00:00:37.67" dur="00:00:04.68">We have heard from the first panel this<br/>morning and now we are going to hear</p>
    <p begin="00:00:42.35" dur="00:00:03.21">from the second panel this afternoon.</p>
    <p begin="00:00:45.56" dur="00:00:11.00">CHAIR BUERKLE: On the panel this afternoon,<br/>we are pleased to have Mr. Joe Moses,</p>
    <p begin="00:00:56.56" dur="00:00:07.88">Generac Power Systems; Mr. Gordon<br/>Selby Johnson, Jr., an attorney;</p>
    <p begin="00:01:04.44" dur="00:00:07.67">Mr. Tim Shively from Fireboy-Xintex, Inc.</p>
    <p begin="00:01:12.11" dur="00:00:06.35">; Mr. Antonio Santos, Manufacturers of Emission<br/>Controls Association; and Mr. Albert Donnay,</p>
    <p begin="00:01:18.46" dur="00:00:07.25">consulting detoxicologist, environmental<br/>health engineer and carbon monoxide analyst.</p>
    <p begin="00:01:25.71" dur="00:00:06.07">I want to thank all of you, on behalf of<br/>myself and my colleagues for joining us today.</p>
    <p begin="00:01:31.78" dur="00:00:03.78">We really do appreciate you taking<br/>the time and the effort to get here</p>
    <p begin="00:01:35.56" dur="00:00:02.21">and to share your expertise with us.</p>
    <p begin="00:01:37.77" dur="00:00:04.00">Again, each of the panelists will go<br/>ahead and speak for up to 10 minutes,</p>
    <p begin="00:01:41.77" dur="00:00:03.80">and once you all have concluded your<br/>testimony, I will turn to the commissioners</p>
    <p begin="00:01:45.57" dur="00:00:02.25">for two five-minute rounds of questions.</p>
    <p begin="00:01:47.82" dur="00:00:02.76">With that, Mr. Moses, you<br/>may begin and I thank you.</p>
    <p begin="00:01:50.58" dur="00:00:01.60">MR. MOSES: Thank you.</p>
    <p begin="00:01:52.18" dur="00:00:00.60">Good afternoon.</p>
    <p begin="00:01:52.78" dur="00:00:01.27">My name is Joe Moses.</p>
    <p begin="00:01:54.05" dur="00:00:04.18">I am the vice president of global product<br/>engineering for Generac Power Systems.</p>
    <p begin="00:01:58.23" dur="00:00:03.58">Commissioners, thank you for allowing me<br/>and Generac Power Systems the opportunity</p>
    <p begin="00:02:01.81" dur="00:00:02.53">to submit testimony to the<br/>Commission regarding the notice</p>
    <p begin="00:02:04.34" dur="00:00:02.80">of proposed rulemaking on portable generators.</p>
    <p begin="00:02:07.14" dur="00:00:05.71">This is a very important issue that I can<br/>assure you Generac is committed to solve.</p>
    <p begin="00:02:12.85" dur="00:00:03.73">Generac is a leading manufacturer of<br/>portable generators here in the United States</p>
    <p begin="00:02:16.58" dur="00:00:02.09">and we have the broadest and<br/>most diverse product line</p>
    <p begin="00:02:18.67" dur="00:00:02.40">up of portable generators in the industry.</p>
    <p begin="00:02:21.07" dur="00:00:03.08">We presently have over 100 unique<br/>portable generator products,</p>
    <p begin="00:02:24.15" dur="00:00:04.18">ranging in power from 800<br/>watts to 17.5 kilowatts.</p>
    <p begin="00:02:28.33" dur="00:00:04.48">Our products are designed and optimized for<br/>multiple consumer uses, including recreation,</p>
    <p begin="00:02:32.81" dur="00:00:03.33">general purpose, emergency<br/>backup and construction.</p>
    <p begin="00:02:36.14" dur="00:00:03.37">We produce portable generators that can<br/>be fueled by a broad range of fuels,</p>
    <p begin="00:02:39.51" dur="00:00:03.69">including gasoline, liquid propane and diesel.</p>
    <p begin="00:02:43.20" dur="00:00:04.09">Generac has been an active member of the<br/>Portable Generator Manufacturers Association,</p>
    <p begin="00:02:47.29" dur="00:00:04.52">PGMA, since the organization<br/>was founded in 2009.</p>
    <p begin="00:02:51.81" dur="00:00:04.48">Generac joined PGMA because we believe very<br/>strongly in the mission of PGMA, to develop</p>
    <p begin="00:02:56.29" dur="00:00:03.79">and influence safety and performance<br/>standards for portable generators.</p>
    <p begin="00:03:00.08" dur="00:00:03.39">We are committed to continuously<br/>improving the safety of our products.</p>
    <p begin="00:03:03.47" dur="00:00:03.57">Generac&apos;s engineering team has been<br/>actively working to develop product solutions</p>
    <p begin="00:03:07.04" dur="00:00:02.19">and standards that address this issue.</p>
    <p begin="00:03:09.23" dur="00:00:05.01">Have explored multiple solution options, such<br/>as reduced emissions strategies and detection.</p>
    <p begin="00:03:14.24" dur="00:00:03.96">Prototypes have been built and tested<br/>in multiple operational scenarios.</p>
    <p begin="00:03:18.20" dur="00:00:04.32">We have been contributing many of the results of<br/>these efforts to the PGMA technical committee,</p>
    <p begin="00:03:22.52" dur="00:00:05.13">in the hopes that PGMA would be able to complete<br/>the revision of G300 as quickly as possible.</p>
    <p begin="00:03:27.65" dur="00:00:04.01">We believe that PGMA has made great<br/>progress towards the standard revision</p>
    <p begin="00:03:31.66" dur="00:00:02.35">in a very short period of time.</p>
    <p begin="00:03:34.01" dur="00:00:03.71">Generac supports PGMA&apos;s approach<br/>towards addressing the hazard.</p>
    <p begin="00:03:37.72" dur="00:00:03.98">Given PGMA&apos;s demonstrated progress toward<br/>the development of a voluntary standard,</p>
    <p begin="00:03:41.70" dur="00:00:02.82">we request that the Commission<br/>defer the rulemaking activities</p>
    <p begin="00:03:44.52" dur="00:00:04.10">to allow PGMA the time needed to<br/>complete their standard-making process.</p>
    <p begin="00:03:48.62" dur="00:00:04.06">We appreciate the work CPSC staff<br/>has done to prepare the NPR.</p>
    <p begin="00:03:52.68" dur="00:00:04.04">Although we are still waiting for the release<br/>of additional important information, the studies</p>
    <p begin="00:03:56.72" dur="00:00:04.71">and tests that were published as NIST technical<br/>notes and content models have been instrumental</p>
    <p begin="00:04:01.43" dur="00:00:03.48">for Generac and other manufacturers<br/>to compare the impact of detection</p>
    <p begin="00:04:04.91" dur="00:00:03.04">versus the various emissions reductions.</p>
    <p begin="00:04:07.95" dur="00:00:02.95">Generac is in support of the<br/>detection-based approach and believes</p>
    <p begin="00:04:10.90" dur="00:00:02.14">that it will offer superior<br/>results when compared</p>
    <p begin="00:04:13.04" dur="00:00:04.19">to the reduced emissions strategy<br/>that is outlined in the NPR.</p>
    <p begin="00:04:17.23" dur="00:00:02.32">We believe that detection<br/>has significant advantages</p>
    <p begin="00:04:19.55" dur="00:00:02.54">over the emissions reductions<br/>outlined in the NPR.</p>
    <p begin="00:04:22.09" dur="00:00:02.62">These advantages include more life saving.</p>
    <p begin="00:04:24.71" dur="00:00:04.28">Modeling and testing to date, comparing shutoff<br/>versus emissions reductions are indicating</p>
    <p begin="00:04:28.99" dur="00:00:04.43">that nearly twice as many deaths could<br/>have been avoided with a shutoff approach.</p>
    <p begin="00:04:33.42" dur="00:00:04.05">This conclusion is preliminarily based on the<br/>data and models that have already been supplied</p>
    <p begin="00:04:37.47" dur="00:00:02.64">from NIST through the FOIA<br/>request, comparing a shutoff</p>
    <p begin="00:04:40.11" dur="00:00:04.14">to reduced emissions levels<br/>consistent with the NPR requirements.</p>
    <p begin="00:04:44.25" dur="00:00:01.42">With additional testing and modeling,</p>
    <p begin="00:04:45.67" dur="00:00:02.98">we expect to show that the shutoff<br/>approach is a superior method</p>
    <p begin="00:04:48.65" dur="00:00:02.43">to reduce the risks from the CO hazard.</p>
    <p begin="00:04:51.08" dur="00:00:04.49">In order to complete this activity, we need<br/>the second FOIA request to be fulfilled.</p>
    <p begin="00:04:55.57" dur="00:00:01.42">Hazard elimination.</p>
    <p begin="00:04:56.99" dur="00:00:04.12">Detection offers the advantage of being able<br/>to stop the hazardous condition altogether</p>
    <p begin="00:05:01.11" dur="00:00:04.87">by shutting the generator off before<br/>the CO levels become potentially fatal.</p>
    <p begin="00:05:05.98" dur="00:00:01.21">Alerting the consumer.</p>
    <p begin="00:05:07.19" dur="00:00:02.92">The shutoff system offers<br/>the advantage of enunciation.</p>
    <p begin="00:05:10.11" dur="00:00:03.74">When the system recognizes a hazardous<br/>condition, not only is it possible</p>
    <p begin="00:05:13.85" dur="00:00:04.65">to stop the generation of harmful CO, but<br/>it is also possible to provide an audible</p>
    <p begin="00:05:18.50" dur="00:00:05.58">or visible alert to the occupants, making<br/>them aware of the hazardous condition</p>
    <p begin="00:05:24.08" dur="00:00:02.82">and notifying them to take appropriate action.</p>
    <p begin="00:05:26.90" dur="00:00:01.82">Universal application.</p>
    <p begin="00:05:28.72" dur="00:00:01.37">The shutoff system is scaleable.</p>
    <p begin="00:05:30.09" dur="00:00:03.21">This type of system can be applied<br/>to all types of portable generators,</p>
    <p begin="00:05:33.30" dur="00:00:02.11">regardless of size or intended purpose.</p>
    <p begin="00:05:35.41" dur="00:00:04.91">Generac has tested prototype shutoff systems<br/>and is able to achieve similar results on small,</p>
    <p begin="00:05:40.32" dur="00:00:04.63">handheld generators, liquefied<br/>propane generators, diesel generators</p>
    <p begin="00:05:44.95" dur="00:00:03.69">and very large V-twin sized engine generators.</p>
    <p begin="00:05:48.64" dur="00:00:04.58">Emissions control systems are not available for<br/>and cannot be applied to all types and sizes</p>
    <p begin="00:05:53.22" dur="00:00:03.25">of the commercially available generators today.</p>
    <p begin="00:05:56.47" dur="00:00:01.62">No fuel source restrictions.</p>
    <p begin="00:05:58.09" dur="00:00:03.04">The shutoff system does not<br/>discriminate fuel type or source.</p>
    <p begin="00:06:01.13" dur="00:00:03.03">As a result, the shutoff system will<br/>apply to all fuels that are used</p>
    <p begin="00:06:04.16" dur="00:00:02.77">for portable generators,<br/>both now and in the future.</p>
    <p begin="00:06:06.93" dur="00:00:02.29">Today, there are no known<br/>emissions control systems</p>
    <p begin="00:06:09.22" dur="00:00:03.73">that would allow the reduced CO thresholds<br/>to be met for many of these fuel types</p>
    <p begin="00:06:12.95" dur="00:00:03.32">and it is unclear what impact there would<br/>be as fuel blends evolve in the future.</p>
    <p begin="00:06:16.27" dur="00:00:00.71">Faster implementation.</p>
    <p begin="00:06:16.98" dur="00:00:02.03">The shutoff system can be<br/>implemented much faster implementation.</p>
    <p begin="00:06:19.01" dur="00:00:02.91">The shutoff system can be implemented<br/>much faster on product lines</p>
    <p begin="00:06:21.92" dur="00:00:02.08">than the emissions reductions<br/>suggested by the NPR.</p>
    <p begin="00:06:24.00" dur="00:00:04.95">Our testing has already indicated that it will<br/>be possible to develop a single shutoff system</p>
    <p begin="00:06:28.95" dur="00:00:03.39">that can be deployed on multiple<br/>generator models very easily.</p>
    <p begin="00:06:32.34" dur="00:00:03.61">Emissions controls and catalysts would<br/>require complete redevelopment of the system</p>
    <p begin="00:06:35.95" dur="00:00:03.41">for every engine, consuming<br/>far more resources and time.</p>
    <p begin="00:06:39.36" dur="00:00:04.69">Generac&apos;s product portfolio currently<br/>contains more than 25 unique engines.</p>
    <p begin="00:06:44.05" dur="00:00:01.31">Retroactive application.</p>
    <p begin="00:06:45.36" dur="00:00:03.14">We believe it will be possible to<br/>develop shutoff system accessories</p>
    <p begin="00:06:48.50" dur="00:00:03.48">that consumers could purchase and<br/>apply to their existing generators.</p>
    <p begin="00:06:51.98" dur="00:00:04.65">Generators used for general purpose and<br/>home backup scenarios can be expected</p>
    <p begin="00:06:56.63" dur="00:00:03.71">to have service lives of more than 10 years.</p>
    <p begin="00:07:00.34" dur="00:00:02.24">Our estimates also indicate there are more</p>
    <p begin="00:07:02.58" dur="00:00:03.87">than 10 million portable generators<br/>currently owned by consumers.</p>
    <p begin="00:07:06.45" dur="00:00:03.74">Reliability concerns associated with<br/>emissions control and catalyst systems need</p>
    <p begin="00:07:10.19" dur="00:00:02.93">to be understood and addressed<br/>as part of this NPR.</p>
    <p begin="00:07:13.12" dur="00:00:04.39">Staff has been critical of the shutdown approach<br/>due to reliability concerns, but the same level</p>
    <p begin="00:07:17.51" dur="00:00:04.77">of expectations have not been applied to the<br/>low CO emissions controls and catalyst systems.</p>
    <p begin="00:07:22.28" dur="00:00:03.90">Reliability concerns must be considered<br/>as part of any rule or standard relating</p>
    <p begin="00:07:26.18" dur="00:00:04.05">to either a detection or<br/>reduced CO emissions strategy.</p>
    <p begin="00:07:30.23" dur="00:00:02.77">The design choices that are<br/>commonly made by designers of engines</p>
    <p begin="00:07:33.00" dur="00:00:02.60">and emissions control systems<br/>can have dramatic impacts</p>
    <p begin="00:07:35.60" dur="00:00:02.69">on the emissions rates under various conditions.</p>
    <p begin="00:07:38.29" dur="00:00:04.66">Likewise, catalyst reliability is also a<br/>source for concern and must be addressed.</p>
    <p begin="00:07:42.95" dur="00:00:02.45">There have been several documented<br/>studies and field reports</p>
    <p begin="00:07:45.40" dur="00:00:02.21">that support the reliability concern.</p>
    <p begin="00:07:47.61" dur="00:00:04.12">Some of these concerns include<br/>cold startup engine choking logic,</p>
    <p begin="00:07:51.73" dur="00:00:04.38">which typically runs the engine rich;<br/>wide temperature range ECU map values</p>
    <p begin="00:07:56.11" dur="00:00:05.61">in cold start conditions; operation at elevated<br/>altitudes; transient conditions that result</p>
    <p begin="00:08:01.72" dur="00:00:03.88">from load changes on the engine,<br/>emissions control systems typically default</p>
    <p begin="00:08:05.60" dur="00:00:04.50">to open loop operation when input conditions<br/>are outside of their preprogrammed maps;</p>
    <p begin="00:08:10.10" dur="00:00:04.34">the effects of engine wear over the life<br/>of the generator; catalyst degradation</p>
    <p begin="00:08:14.44" dur="00:00:04.62">and contamination; oil carryover into the<br/>catalyst that can result from operator misuse</p>
    <p begin="00:08:19.06" dur="00:00:04.16">or early engine failure; system mechanical<br/>vibration and jarring of the catalyst</p>
    <p begin="00:08:23.22" dur="00:00:05.45">and oxygen sensor; thermal stresses that<br/>degrade or destroy catalyst operation.</p>
    <p begin="00:08:28.67" dur="00:00:04.01">More detail and specific case studies<br/>illustrating these reliability concerns will be</p>
    <p begin="00:08:32.68" dur="00:00:04.26">highlighted in our complete NPR comments<br/>before the end of the comment period.</p>
    <p begin="00:08:36.94" dur="00:00:04.16">Generac also has many concerns related<br/>to potential unintended consequences</p>
    <p begin="00:08:41.10" dur="00:00:04.48">that we foresee with a reduction of<br/>emissions, as proposed by the NPR.</p>
    <p begin="00:08:45.58" dur="00:00:03.41">Consumers may mistakenly believe that<br/>reduced emissions means it is safe</p>
    <p begin="00:08:48.99" dur="00:00:02.13">to operate the generators indoors.</p>
    <p begin="00:08:51.12" dur="00:00:03.16">It will never be safe to<br/>operate a generator indoors.</p>
    <p begin="00:08:54.28" dur="00:00:03.87">The proposed rule is based on the premise that<br/>the occupants will become aware of the hazard</p>
    <p begin="00:08:58.15" dur="00:00:02.95">and take appropriate steps to<br/>remove themselves from the hazard.</p>
    <p begin="00:09:01.10" dur="00:00:02.56">There is no basis to support this premise.</p>
    <p begin="00:09:03.66" dur="00:00:03.84">The significant cost increases to consumers<br/>that will result from this ruling could lead</p>
    <p begin="00:09:07.50" dur="00:00:04.72">to consumers identifying ways of extending<br/>the service life of their existing generators</p>
    <p begin="00:09:12.22" dur="00:00:02.34">and potential refurbishment programs.</p>
    <p begin="00:09:14.56" dur="00:00:03.44">This activity was seen recently<br/>with the EPA Tier IV regulations</p>
    <p begin="00:09:18.00" dur="00:00:02.99">for nonroad diesel products became active.</p>
    <p begin="00:09:20.99" dur="00:00:02.53">This could significantly delay<br/>the benefits from a rule,</p>
    <p begin="00:09:23.52" dur="00:00:03.32">beyond the already long operating<br/>lives of these products.</p>
    <p begin="00:09:26.84" dur="00:00:04.07">Generac has been and will remain committed to<br/>developing the best solution to this hazard.</p>
    <p begin="00:09:30.91" dur="00:00:03.09">We believe that the solution is<br/>a CO detection and shutoff system</p>
    <p begin="00:09:34.00" dur="00:00:02.36">for the reasons expressed here today.</p>
    <p begin="00:09:36.36" dur="00:00:04.45">As our development about the ANSI G300<br/>standard revision and product designs continue</p>
    <p begin="00:09:40.81" dur="00:00:03.62">to progress, we feel that this<br/>will become even more evident.</p>
    <p begin="00:09:44.43" dur="00:00:04.44">We ask that the Commission consider a suspension<br/>of the rulemaking process to allow us the time</p>
    <p begin="00:09:48.87" dur="00:00:03.53">to continue working with PGMA<br/>and others to fully develop</p>
    <p begin="00:09:52.40" dur="00:00:02.79">and complete the revision to ANSI G300.</p>
    <p begin="00:09:55.19" dur="00:00:04.29">These activities have made great progress<br/>to date and Generac offers its assurances</p>
    <p begin="00:09:59.48" dur="00:00:02.89">that we will continue to drive forward<br/>with the same energy and commitment</p>
    <p begin="00:10:02.37" dur="00:00:02.64">in order to complete the process quickly.</p>
    <p begin="00:10:05.01" dur="00:00:02.48">Suspending the rulemaking would<br/>allow us to share our efforts</p>
    <p begin="00:10:07.49" dur="00:00:05.45">and avoid the unnecessary duplication of<br/>efforts that has been slowing progress to date.</p>
    <p begin="00:10:12.94" dur="00:00:04.43">We welcome input from CPSC staff on the<br/>approach we are taking and are looking forward</p>
    <p begin="00:10:17.37" dur="00:00:04.26">to working together through the<br/>PGMA technical summit activities.</p>
    <p begin="00:10:21.63" dur="00:00:03.39">We will be providing more detailed<br/>comments through the NPR comment process</p>
    <p begin="00:10:25.02" dur="00:00:02.29">as we get closer to the deadline in April.</p>
    <p begin="00:10:27.31" dur="00:00:02.85">We have several commercial and<br/>technical concerns with the proposed rule</p>
    <p begin="00:10:30.16" dur="00:00:02.63">that were not outlined in our testimony today.</p>
    <p begin="00:10:32.79" dur="00:00:04.53">It is our hope that the FOIA request PGMA has<br/>outstanding will be fulfilled in short order</p>
    <p begin="00:10:37.32" dur="00:00:04.64">so that we will have adequate time to<br/>perform the remaining modeling analysis</p>
    <p begin="00:10:41.96" dur="00:00:02.74">and may represent the results in our comments.</p>
    <p begin="00:10:44.70" dur="00:00:03.32">Thank you for allowing me to represent<br/>Generac here today to share our thoughts.</p>
    <p begin="00:10:48.02" dur="00:00:01.60">CHAIR BUERKLE: Thank you, Mr. Moses.</p>
    <p begin="00:10:49.62" dur="00:00:01.50">Mr. Johnson.</p>
    <p begin="00:10:51.12" dur="00:00:02.60">MR. JOHNSON: Yes.</p>
    <p begin="00:10:53.72" dur="00:00:02.86">I&apos;m going to start by reading a news story.</p>
    <p begin="00:10:56.58" dur="00:00:04.08">Nine hospitalized in Alaska<br/>after carbon monoxide exposure.</p>
    <p begin="00:11:00.66" dur="00:00:03.84">Dateline, March 7, 8:11 p.m. That&apos;s last night.</p>
    <p begin="00:11:04.50" dur="00:00:01.32">It&apos;s on the monitors.</p>
    <p begin="00:11:05.82" dur="00:00:04.01">The story begins, Anchorage, nine<br/>people in a small Alaska town</p>
    <p begin="00:11:09.83" dur="00:00:05.20">of Houston have been hospitalized after<br/>being exposed to carbon monoxide in a home.</p>
    <p begin="00:11:15.03" dur="00:00:04.76">The Houston Fire Chief, Christian Hartley, says<br/>the Monday night incident occurred at a home</p>
    <p begin="00:11:19.79" dur="00:00:03.04">that had a generator running in the basement.</p>
    <p begin="00:11:22.83" dur="00:00:04.71">And this is, perhaps as significant as the<br/>fact there&apos;s a generator is the next paragraph.</p>
    <p begin="00:11:27.54" dur="00:00:03.59">Hartley says a resident had left<br/>the home because of a headache</p>
    <p begin="00:11:31.13" dur="00:00:01.32">and went to the home of a friend.</p>
    <p begin="00:11:32.45" dur="00:00:04.99">He says that the two went back to the affected<br/>home and dragged the other people out.</p>
    <p begin="00:11:37.44" dur="00:00:05.06">This is happening within<br/>hours of us convening today.</p>
    <p begin="00:11:42.50" dur="00:00:03.47">Who am I? My name is Gordon Johnson.</p>
    <p begin="00:11:45.97" dur="00:00:02.04">I am a personal injury lawyer.</p>
    <p begin="00:11:48.01" dur="00:00:05.19">That means I represent plaintiffs in<br/>situations like what might have happened here.</p>
    <p begin="00:11:53.20" dur="00:00:02.09">I&apos;m also a brain injury attorney.</p>
    <p begin="00:11:55.29" dur="00:00:05.10">I have been doing nothing but brain<br/>injury representation since 1994.</p>
    <p begin="00:12:00.39" dur="00:00:02.40">I&apos;m also a carbon monoxide attorney.</p>
    <p begin="00:12:02.79" dur="00:00:04.77">And the reason is that the most significant<br/>aspect of a carbon monoxide poisoning</p>
    <p begin="00:12:07.56" dur="00:00:02.27">for those who survive is brain damage.</p>
    <p begin="00:12:09.83" dur="00:00:06.64">I currently represent in excess of 80<br/>people in carbon monoxide poisoning cases.</p>
    <p begin="00:12:16.47" dur="00:00:06.06">The reason the numbers are so high is that in<br/>many of the cases were see with carbon monoxide,</p>
    <p begin="00:12:22.53" dur="00:00:02.21">there are multiple people exposed.</p>
    <p begin="00:12:24.74" dur="00:00:05.52">One of the cases I&apos;m involved in is a case where<br/>there were four generators set up inside --</p>
    <p begin="00:12:30.26" dur="00:00:05.64">at a wedding inside, and more<br/>than 300 people were poisoned</p>
    <p begin="00:12:35.90" dur="00:00:03.40">in that event, over 100 taken to the hospital.</p>
    <p begin="00:12:39.30" dur="00:00:03.83">I&apos;m also involved in two<br/>large-scale school poisonings,</p>
    <p begin="00:12:43.13" dur="00:00:02.41">a bank poisoning and I&apos;ve done some hotel cases.</p>
    <p begin="00:12:45.54" dur="00:00:04.27">I want to focus my testimony on three things.</p>
    <p begin="00:12:49.81" dur="00:00:05.58">The first is why is it the statistics<br/>that we have, as scary as they are,</p>
    <p begin="00:12:55.39" dur="00:00:05.95">as scary as this story is,<br/>understate the impact of this --</p>
    <p begin="00:13:01.34" dur="00:00:02.26">the degree of carbon monoxide poisoning.</p>
    <p begin="00:13:03.60" dur="00:00:03.96">And when I talk about carbon monoxide poisoning,<br/>what we are doing here is we are trying</p>
    <p begin="00:13:07.56" dur="00:00:03.73">to reduce the amount of carbon<br/>monoxide which, by definition,</p>
    <p begin="00:13:11.29" dur="00:00:04.13">reduces the number and the<br/>severity of poisonings.</p>
    <p begin="00:13:15.42" dur="00:00:04.14">I also want to focus on the impact<br/>that this regulation would have</p>
    <p begin="00:13:19.56" dur="00:00:03.90">on what the general category of<br/>chronic carbon monoxide poisoning,</p>
    <p begin="00:13:23.46" dur="00:00:01.65">which did come up this morning.</p>
    <p begin="00:13:25.11" dur="00:00:03.90">And another issue which came up this<br/>morning, which is the full economic</p>
    <p begin="00:13:29.01" dur="00:00:04.31">and societal impact of carbon<br/>monoxide poisoning.</p>
    <p begin="00:13:33.32" dur="00:00:05.48">Why are the statistics, the scary statistics<br/>in your numbers, why are they underestimated?</p>
    <p begin="00:13:38.80" dur="00:00:05.31">They&apos;re underestimated for the same reason that<br/>instead of having nine people with a headache</p>
    <p begin="00:13:44.11" dur="00:00:05.19">in this Anchorage story today, there<br/>are all these people hospitalized.</p>
    <p begin="00:13:49.30" dur="00:00:04.51">Because when you get the first symptoms<br/>of carbon monoxide, it&apos;s nonspecific.</p>
    <p begin="00:13:53.81" dur="00:00:05.26">The body is a carbon monoxide<br/>detector, but it&apos;s not a very clear one.</p>
    <p begin="00:13:59.07" dur="00:00:02.23">We get the same symptoms we have with flu,</p>
    <p begin="00:14:01.30" dur="00:00:02.62">we get the same symptoms we<br/>might have with food poisoning.</p>
    <p begin="00:14:03.92" dur="00:00:03.25">I had clients who were in a hotel and<br/>thought they had food poisoning and,</p>
    <p begin="00:14:07.17" dur="00:00:01.09">of course, went to sleep.</p>
    <p begin="00:14:08.26" dur="00:00:03.81">Fortunately, they did wake up the<br/>next morning, but severely poisoned.</p>
    <p begin="00:14:12.07" dur="00:00:06.20">So the first problem is that the patients,<br/>the people who are getting poisoned,</p>
    <p begin="00:14:18.27" dur="00:00:03.68">don&apos;t realize it because it&apos;s<br/>so similar to other things.</p>
    <p begin="00:14:21.95" dur="00:00:02.95">And the other things are the kind of<br/>things that you might just lay down</p>
    <p begin="00:14:24.90" dur="00:00:02.57">and hope you feel better in the morning.</p>
    <p begin="00:14:27.47" dur="00:00:04.38">Well, if it&apos;s a severe poisoning,<br/>they don&apos;t wake up in the morning.</p>
    <p begin="00:14:31.85" dur="00:00:04.44">The other reason is that the medical<br/>people don&apos;t recognize it either.</p>
    <p begin="00:14:36.29" dur="00:00:04.37">When they get to the ER, I would<br/>estimate that three quarters of the people</p>
    <p begin="00:14:40.66" dur="00:00:03.22">who have carbon monoxide<br/>poisoning never have blood drawn.</p>
    <p begin="00:14:43.88" dur="00:00:05.74">They never are told by the medical<br/>people that they have been poisoned.</p>
    <p begin="00:14:49.62" dur="00:00:04.65">I know this not statistically but I know it<br/>from my own experience of talking to hundreds</p>
    <p begin="00:14:54.27" dur="00:00:02.59">of people with carbon monoxide poisoning.</p>
    <p begin="00:14:56.86" dur="00:00:05.73">Most of the time when they go to the hospital,<br/>if there isn&apos;t some connection to an event,</p>
    <p begin="00:15:02.59" dur="00:00:04.54">like in Madison where they came<br/>in on buses, they are not --</p>
    <p begin="00:15:07.13" dur="00:00:02.07">the medical people just don&apos;t think that.</p>
    <p begin="00:15:09.20" dur="00:00:02.55">If it&apos;s in the middle of the<br/>winter and they&apos;ve had a rush --</p>
    <p begin="00:15:11.75" dur="00:00:02.28">a rash of these things, maybe they will.</p>
    <p begin="00:15:14.03" dur="00:00:03.65">But most of the time, it&apos;s too nonspecific.</p>
    <p begin="00:15:17.68" dur="00:00:05.39">Often, even when they know it&apos;s carbon monoxide<br/>poisoning, they don&apos;t do the right things.</p>
    <p begin="00:15:23.07" dur="00:00:03.14">Rarely is there a referral<br/>for hyperbaric oxygen,</p>
    <p begin="00:15:26.21" dur="00:00:05.82">which I believe statistically makes<br/>a difference in almost all outcomes.</p>
    <p begin="00:15:32.03" dur="00:00:05.36">The second area is, we&apos;re talking here now<br/>about a reduction, perhaps 90 percent --</p>
    <p begin="00:15:37.39" dur="00:00:04.98">I think your testing showed 93 percent -- in<br/>the marine area, which may not be feasible,</p>
    <p begin="00:15:42.37" dur="00:00:02.86">for smaller generators it&apos;s 99 percent.</p>
    <p begin="00:15:45.23" dur="00:00:01.40">Is that going to make a difference?</p>
    <p begin="00:15:46.63" dur="00:00:02.97">Well, one category it clearly will<br/>make a difference is those people</p>
    <p begin="00:15:49.60" dur="00:00:02.38">who have the chronic exposures.</p>
    <p begin="00:15:51.98" dur="00:00:05.36">You could chronically get exposed<br/>to a generator that was too close</p>
    <p begin="00:15:57.34" dur="00:00:01.96">to your house, day after day, day after day.</p>
    <p begin="00:15:59.30" dur="00:00:03.12">These utility situations<br/>would be a good example.</p>
    <p begin="00:16:02.42" dur="00:00:05.50">But the thing about most chronic<br/>exposures is they&apos;re not so severe</p>
    <p begin="00:16:07.92" dur="00:00:04.90">that they set off the carbon monoxide detector<br/>in the body and say, we have something happen.</p>
    <p begin="00:16:12.82" dur="00:00:05.39">Those poisonings can be very severe because<br/>they happen again and again and again.</p>
    <p begin="00:16:18.21" dur="00:00:05.35">They&apos;re not likely to ever get<br/>severe enough in this situation,</p>
    <p begin="00:16:23.56" dur="00:00:03.46">because the levels would<br/>be 10 percent of something</p>
    <p begin="00:16:27.02" dur="00:00:04.21">that wasn&apos;t clinically recognizable<br/>as carbon monoxide poisoning.</p>
    <p begin="00:16:31.23" dur="00:00:01.37">That&apos;s probably de minimis.</p>
    <p begin="00:16:32.60" dur="00:00:02.41">We may hear some people who disagree with that,</p>
    <p begin="00:16:35.01" dur="00:00:02.18">but I&apos;m very familiar with<br/>the research in this field.</p>
    <p begin="00:16:37.19" dur="00:00:05.55">I basically cross-examine expert<br/>witnesses and doctors, neuropsychologists,</p>
    <p begin="00:16:42.74" dur="00:00:09.58">engineers as my primary living and generally<br/>it&apos;s if these levels are well below 10 percent,</p>
    <p begin="00:16:52.32" dur="00:00:02.16">they&apos;re probably not going to be significant.</p>
    <p begin="00:16:54.48" dur="00:00:04.16">They may have some issues<br/>but it&apos;s not likely to be.</p>
    <p begin="00:16:58.64" dur="00:00:04.09">I would analogize it to the<br/>situation that we have in football.</p>
    <p begin="00:17:02.73" dur="00:00:05.21">The subconcussive hits in a career of<br/>playing football can wind up to be CTE,</p>
    <p begin="00:17:07.94" dur="00:00:05.65">but you&apos;re not going to have a<br/>career of those kind of blows</p>
    <p begin="00:17:13.59" dur="00:00:05.78">if you drop the carbon monoxide<br/>emissions by 90-some percent.</p>
    <p begin="00:17:19.37" dur="00:00:05.25">It&apos;s just not going to get to be<br/>severe enough to make a difference.</p>
    <p begin="00:17:24.62" dur="00:00:03.92">The final area, which is an area<br/>that was touched on earlier today</p>
    <p begin="00:17:28.54" dur="00:00:04.49">which I probably have more experience with<br/>anyone else on the panel with is putting</p>
    <p begin="00:17:33.03" dur="00:00:05.29">into economic and societal terms the<br/>impact of a carbon monoxide poisoning.</p>
    <p begin="00:17:38.32" dur="00:00:04.83">In all of our cases, our duty<br/>representing our clients is</p>
    <p begin="00:17:43.15" dur="00:00:02.82">to put economic numbers on the impact.</p>
    <p begin="00:17:45.97" dur="00:00:03.99">None of the people I represent died.</p>
    <p begin="00:17:49.96" dur="00:00:03.98">Very few of them have carboxyhemoglobin<br/>levels above 30.</p>
    <p begin="00:17:53.94" dur="00:00:06.38">Yet in almost every one of those cases, there<br/>is an economic impact that would include</p>
    <p begin="00:18:00.32" dur="00:00:05.33">at a minimum a shortened work life<br/>expectancy but also an inability</p>
    <p begin="00:18:05.65" dur="00:00:03.22">to function independently in the world.</p>
    <p begin="00:18:08.87" dur="00:00:06.63">It&apos;s in many ways like we suddenly<br/>turned young children, productive adults,</p>
    <p begin="00:18:15.50" dur="00:00:05.82">into people late in life who need<br/>supportive care to get through day to day.</p>
    <p begin="00:18:21.32" dur="00:00:05.50">And the reason for that is carbon monoxide<br/>does much more than impact cognition.</p>
    <p begin="00:18:26.82" dur="00:00:05.31">We can measure its effect on cognition but,<br/>like other brain injury, it impacts mood,</p>
    <p begin="00:18:32.13" dur="00:00:04.27">it impacts behavior, it impacts<br/>the way the body functions,</p>
    <p begin="00:18:36.40" dur="00:00:03.99">neurological system functions,<br/>the heart and the other organs.</p>
    <p begin="00:18:40.39" dur="00:00:04.16">The areas in between those<br/>functions, the gray area --</p>
    <p begin="00:18:44.55" dur="00:00:04.87">it&apos;s not just the gray/white matter junction,<br/>it&apos;s the junction between cognition and mood,</p>
    <p begin="00:18:49.42" dur="00:00:02.25">the junction between mood and behavior.</p>
    <p begin="00:18:51.67" dur="00:00:05.58">These are the areas that are most difficult<br/>to quantify but have the greatest impact.</p>
    <p begin="00:18:57.25" dur="00:00:05.09">And in many ways, the only way to<br/>really take care of the survivor is</p>
    <p begin="00:19:02.34" dur="00:00:04.12">to provide human assistance from another person.</p>
    <p begin="00:19:06.46" dur="00:00:06.39">Careers are likely, in many cases, are affected<br/>because even if the cognition is there,</p>
    <p begin="00:19:12.85" dur="00:00:05.26">the ability to get along with coworkers, the<br/>ability to control yourself, the ability to try</p>
    <p begin="00:19:18.11" dur="00:00:03.75">to keep your remarks to 10 minutes is gone.</p>
    <p begin="00:19:21.86" dur="00:00:04.16">The ability to plan, the ability to initiate.</p>
    <p begin="00:19:27.05" dur="00:00:05.59">Those things have a much larger<br/>impact than just the economic cost</p>
    <p begin="00:19:32.64" dur="00:00:03.12">of a shortened work life expectancy.</p>
    <p begin="00:19:35.76" dur="00:00:03.04">A couple of quick points in rebuttal.</p>
    <p begin="00:19:38.80" dur="00:00:03.54">There&apos;s a lot of talk here about now we&apos;re<br/>going to do this, now we&apos;re going to do that.</p>
    <p begin="00:19:42.34" dur="00:00:02.26">I&apos;m pretty sure when I read the materials</p>
    <p begin="00:19:44.60" dur="00:00:04.30">for this proposed regulation<br/>that this goes back 10 years.</p>
    <p begin="00:19:48.90" dur="00:00:04.87">Why, if the industry was going to make a<br/>difference, did it not make a difference</p>
    <p begin="00:19:53.77" dur="00:00:05.89">over those 10 years of the 75<br/>average people per year who died</p>
    <p begin="00:19:59.66" dur="00:00:03.81">and the 25,000 total people<br/>we know were hospitalized,</p>
    <p begin="00:20:03.47" dur="00:00:04.35">and likely another 25,000<br/>or 50,000 more impacted?</p>
    <p begin="00:20:07.82" dur="00:00:02.48">The industry has had a long time to do it.</p>
    <p begin="00:20:10.30" dur="00:00:02.25">As trial lawyers, we make a difference too.</p>
    <p begin="00:20:12.55" dur="00:00:01.25">But we can&apos;t do it alone.</p>
    <p begin="00:20:13.80" dur="00:00:01.40">We need your help.</p>
    <p begin="00:20:15.20" dur="00:00:06.90">We need this commission to establish clear<br/>regulations that will make the world safer.</p>
    <p begin="00:20:22.10" dur="00:00:00.96">Thank you.</p>
    <p begin="00:20:23.06" dur="00:00:02.12">CHAIR BUERKLE: Thank you very much, Mr. Johnson.</p>
    <p begin="00:20:25.18" dur="00:00:01.09">Mr. Shively.</p>
    <p begin="00:20:26.27" dur="00:00:02.23">Excuse me one second before you begin.</p>
    <p begin="00:20:28.50" dur="00:00:04.45">Are there any members of the<br/>-- panelists who are doctors?</p>
    <p begin="00:20:32.95" dur="00:00:01.12">I failed this morning.</p>
    <p begin="00:20:34.07" dur="00:00:01.82">Mr. Dunn is actually a doctor of law.</p>
    <p begin="00:20:35.89" dur="00:00:04.67">MR. JOHNSON: Yeah, Dr. Weaver is<br/>available this afternoon if you need</p>
    <p begin="00:20:40.56" dur="00:00:01.78">to have any further questions of him.</p>
    <p begin="00:20:42.34" dur="00:00:00.93">CHAIR BUERKLE: Thank you, no.</p>
    <p begin="00:20:43.27" dur="00:00:06.44">In terms of protocol and the proper<br/>Ph.D. versus M.D. But I just want</p>
    <p begin="00:20:49.71" dur="00:00:02.63">to make sure I&apos;m addressing everyone properly.</p>
    <p begin="00:20:52.34" dur="00:00:01.33">Mr. Shively, you may continue.</p>
    <p begin="00:20:53.67" dur="00:00:02.62">MR. SHIVELY: Good afternoon.</p>
    <p begin="00:20:56.29" dur="00:00:06.26">Thank you for having me kind<br/>of give you a perspective</p>
    <p begin="00:21:02.55" dur="00:00:05.39">from a carbon monoxide detector<br/>manufacturer&apos;s point of view.</p>
    <p begin="00:21:07.94" dur="00:00:06.45">Fireboy-Xintex has been manufacturing<br/>safety products for over 30 years.</p>
    <p begin="00:21:14.39" dur="00:00:06.60">We manufacture fire suppression, fire<br/>detection, all sorts of gas detection.</p>
    <p begin="00:21:20.99" dur="00:00:07.47">You know, we make gasoline<br/>detectors, we make propane detectors.</p>
    <p begin="00:21:28.46" dur="00:00:04.39">And obviously today, we&apos;re talking<br/>about carbon monoxide detectors.</p>
    <p begin="00:21:32.85" dur="00:00:09.80">And I wanted to -- to share with you a little<br/>bit of what technology is out there and some</p>
    <p begin="00:21:42.65" dur="00:00:04.58">of the applications that we<br/>have used the detectors in.</p>
    <p begin="00:21:47.23" dur="00:00:04.12">We primarily are in the marine industry.</p>
    <p begin="00:21:51.35" dur="00:00:05.27">So there was some comments made<br/>earlier on about the marine industry.</p>
    <p begin="00:21:56.62" dur="00:00:07.68">And unfortunately, there&apos;s not a lot of<br/>statistics to support decision-making.</p>
    <p begin="00:22:04.30" dur="00:00:04.79">However, I can say that there<br/>are several things.</p>
    <p begin="00:22:09.09" dur="00:00:06.76">A portable generator, for instance, is a -- you<br/>know, it&apos;s a unit that is running on its own</p>
    <p begin="00:22:15.85" dur="00:00:03.17">and it has vibration and it<br/>has a lot of different things.</p>
    <p begin="00:22:19.02" dur="00:00:06.89">Our products have been certified<br/>under UL 2034, which is a residential,</p>
    <p begin="00:22:25.91" dur="00:00:03.12">single and multiple alarm detection system.</p>
    <p begin="00:22:29.03" dur="00:00:02.27">But then we take it to another level,</p>
    <p begin="00:22:31.30" dur="00:00:04.53">and that is that we also certify<br/>it to the marine standard.</p>
    <p begin="00:22:35.83" dur="00:00:06.55">And the marine standard is<br/>a bit more rigorous testing.</p>
    <p begin="00:22:42.38" dur="00:00:06.61">It&apos;s exposed to extreme temperatures,<br/>shock and vibration.</p>
    <p begin="00:22:48.99" dur="00:00:05.05">There&apos;s a water resistance test, a splash test.</p>
    <p begin="00:22:54.04" dur="00:00:05.94">And the net result is you end up with a<br/>fairly durable, reliable product compared</p>
    <p begin="00:22:59.98" dur="00:00:08.34">to an off-the-shelf residential unit that a lot<br/>of people think that they would like to use.</p>
    <p begin="00:23:08.32" dur="00:00:07.49">So, you know, in our years<br/>of service, back in 2005,</p>
    <p begin="00:23:15.81" dur="00:00:08.41">a very large recreational boat manufacturer<br/>came to us and, you know, had requested,</p>
    <p begin="00:23:24.22" dur="00:00:06.36">because they were having some trouble<br/>with CO issues on boats that they provided</p>
    <p begin="00:23:30.58" dur="00:00:05.03">with a generator, where the generator<br/>is mounted in the engine room.</p>
    <p begin="00:23:35.61" dur="00:00:06.00">We developed a CO detector with<br/>basically the relay shutdown feature.</p>
    <p begin="00:23:41.61" dur="00:00:03.96">And so what happens is the<br/>CO detector is located</p>
    <p begin="00:23:45.57" dur="00:00:03.62">in the salon area or the<br/>living area of the boat.</p>
    <p begin="00:23:49.19" dur="00:00:06.96">And if the levels, because of station wagon<br/>effect, and a lot of other things that happen</p>
    <p begin="00:23:56.15" dur="00:00:06.43">on boats, reaches to the alarm point,<br/>then what would happen is that our unit,</p>
    <p begin="00:24:02.58" dur="00:00:03.99">as it went into alarm, would<br/>also shut down the generator.</p>
    <p begin="00:24:06.57" dur="00:00:07.73">So we have been building that unit since &apos;05,<br/>you know, tens of thousands of boats out there,</p>
    <p begin="00:24:14.30" dur="00:00:05.80">not all of them with the shutdown but most of<br/>them with a CO detector of one type or another.</p>
    <p begin="00:24:20.10" dur="00:00:06.79">And so that&apos;s one application where the<br/>shutdown feature has been used for many years.</p>
    <p begin="00:24:26.89" dur="00:00:13.43">Another one is at the beginning of the wars in<br/>Iraq and Afghanistan, we had a tent supplier</p>
    <p begin="00:24:40.32" dur="00:00:09.30">who supplies tents for medical reasons<br/>for, you know, the U.S. Army purposes.</p>
    <p begin="00:24:49.62" dur="00:00:02.68">They actually purchased our CO detector.</p>
    <p begin="00:24:52.30" dur="00:00:04.21">And what they did is they mounted<br/>them onboard their generator.</p>
    <p begin="00:24:56.51" dur="00:00:07.45">And they also used our shutdown feature which,<br/>if the CO level would rise, then it would shut</p>
    <p begin="00:25:03.96" dur="00:00:08.55">down the generator or the source of the<br/>CO. So those are a couple of applications</p>
    <p begin="00:25:12.51" dur="00:00:04.38">where we have been using that technology<br/>and shutting down generators for many years.</p>
    <p begin="00:25:16.89" dur="00:00:05.62">And, you know, we don&apos;t have specific, you<br/>know, statistics to say how many lives saved</p>
    <p begin="00:25:22.51" dur="00:00:06.65">or how many incidences where it<br/>actually, you know, proved worthy.</p>
    <p begin="00:25:29.16" dur="00:00:07.88">But we believe that, through the years, that<br/>we have saved lives as a result of that.</p>
    <p begin="00:25:37.04" dur="00:00:07.57">We used, in those designs for those<br/>applications, the actual CO sensor</p>
    <p begin="00:25:44.61" dur="00:00:02.44">that we used was a metal oxide type.</p>
    <p begin="00:25:47.05" dur="00:00:04.49">And, you know, metal oxide is an okay sensor.</p>
    <p begin="00:25:51.54" dur="00:00:07.09">However, it is susceptible to certain<br/>things that, with an electrochemical sensor,</p>
    <p begin="00:25:58.63" dur="00:00:06.03">the new model that we just came out with, we<br/>did an evaluation of the latest metal oxide</p>
    <p begin="00:26:04.66" dur="00:00:02.76">and we compared that to electrochemical,</p>
    <p begin="00:26:07.42" dur="00:00:11.31">and we believe the electrochemical sensor<br/>is a far superior sensor, improved accuracy,</p>
    <p begin="00:26:18.73" dur="00:00:03.63">less susceptible to contamination.</p>
    <p begin="00:26:22.36" dur="00:00:03.40">And contamination is a big thing.</p>
    <p begin="00:26:25.76" dur="00:00:04.38">If you had a metal oxide sensor sitting<br/>in a garage and it&apos;s exposed to ammonias</p>
    <p begin="00:26:30.14" dur="00:00:04.09">and it&apos;s exposed to, you know,<br/>varnish and those type of things,</p>
    <p begin="00:26:34.23" dur="00:00:03.12">it will absolutely kill the sensor.</p>
    <p begin="00:26:37.35" dur="00:00:07.41">And in the case of if it&apos;s -- you know, I<br/>actually was painting or varnishing in my boat</p>
    <p begin="00:26:44.76" dur="00:00:05.75">and the CO detector that I had, I left it in<br/>there on purpose, took it back to the factory</p>
    <p begin="00:26:50.51" dur="00:00:05.73">and what happens is it completely glazed over<br/>and basically would not sense CO whatsoever.</p>
    <p begin="00:26:56.24" dur="00:00:01.67">It won&apos;t false alarm.</p>
    <p begin="00:26:57.91" dur="00:00:05.62">It doesn&apos;t give you a premature<br/>alarm; it simply doesn&apos;t work.</p>
    <p begin="00:27:03.53" dur="00:00:05.14">So when we developed our new CO<br/>detector, we chose the electrochemical.</p>
    <p begin="00:27:08.67" dur="00:00:03.37">That was one of the main reasons.</p>
    <p begin="00:27:12.04" dur="00:00:05.96">That sensor is also stable in<br/>different humidity changes.</p>
    <p begin="00:27:18.00" dur="00:00:05.13">So if you have high humidity, low<br/>humidity, different temperature ranges.</p>
    <p begin="00:27:23.13" dur="00:00:07.01">And it&apos;s really unaffected from those type of<br/>normal environmental changes that happened.</p>
    <p begin="00:27:30.14" dur="00:00:05.16">And the other thing about the electrochemical<br/>is that there&apos;s really no warm-up period,</p>
    <p begin="00:27:35.30" dur="00:00:06.38">that once it&apos;s powered, it&apos;s ready<br/>to go and it&apos;s sensing accurately.</p>
    <p begin="00:27:41.68" dur="00:00:07.47">With that technology, it has also allowed us<br/>to come out with a battery powered only unit,</p>
    <p begin="00:27:49.15" dur="00:00:04.36">so therefore you don&apos;t have to rely on<br/>a source of power from the generator.</p>
    <p begin="00:27:53.51" dur="00:00:03.45">You can have power all the<br/>time, so it&apos;s always sensing.</p>
    <p begin="00:27:56.96" dur="00:00:04.90">And so during that startup<br/>period, it would be sensing.</p>
    <p begin="00:28:01.86" dur="00:00:08.48">And because of the technology of the<br/>sensor, it will last seven to 10 years,</p>
    <p begin="00:28:10.34" dur="00:00:04.20">and that&apos;s maintenance free,<br/>without having to change batteries.</p>
    <p begin="00:28:14.54" dur="00:00:06.46">So, you know, we just really believe<br/>that it is a superior product,</p>
    <p begin="00:28:21.00" dur="00:00:03.25">and that&apos;s what we have incorporated<br/>into our new marine --</p>
    <p begin="00:28:24.25" dur="00:00:04.18">it will be residential, marine<br/>and RV CO detector.</p>
    <p begin="00:28:28.43" dur="00:00:09.39">You know, currently we have been in discussions<br/>with a portable generator manufacturer</p>
    <p begin="00:28:37.82" dur="00:00:10.57">and we did a very -- we basically designed<br/>a variation of the true UL 2034 unit.</p>
    <p begin="00:28:48.39" dur="00:00:06.73">However, it alarms at the same kind of<br/>levels, so if the CO level gets to a point</p>
    <p begin="00:28:55.12" dur="00:00:05.89">where it&apos;s going to harm someone,<br/>that we can shut down the generator.</p>
    <p begin="00:29:01.01" dur="00:00:06.66">It would be an onboard mounted<br/>unit, it would be water resistant.</p>
    <p begin="00:29:07.67" dur="00:00:06.93">We have a way, through software, of<br/>determining if it&apos;s being used inside or out,</p>
    <p begin="00:29:14.60" dur="00:00:07.73">so it&apos;s going to get away from false shutdowns<br/>when it&apos;s outside and it happens to get a shift</p>
    <p begin="00:29:22.33" dur="00:00:06.70">of wind that runs -- you know, that<br/>blows a plume of CO across the sensor.</p>
    <p begin="00:29:29.03" dur="00:00:07.46">So, you know, in conclusion, as that<br/>story that he just read about Alaska,</p>
    <p begin="00:29:36.49" dur="00:00:04.53">two and a half weeks ago, one hour from where<br/>our manufacturing facility is in Grand Rapids,</p>
    <p begin="00:29:41.02" dur="00:00:05.14">Michigan, an 11-year-old girl died.</p>
    <p begin="00:29:46.16" dur="00:00:05.27">Both parents are still in critical<br/>condition and being treated for CO poisoning.</p>
    <p begin="00:29:51.43" dur="00:00:02.51">And what happened is that they were --</p>
    <p begin="00:29:53.94" dur="00:00:08.20">their power was shut down and they were<br/>operating a portable generator in the garage</p>
    <p begin="00:30:02.14" dur="00:00:03.59">of the basically facility<br/>where they were living,</p>
    <p begin="00:30:05.73" dur="00:00:03.25">which was actually a commercial facility.</p>
    <p begin="00:30:08.98" dur="00:00:04.54">But unfortunately, that 11-year-old<br/>girl is no longer with us.</p>
    <p begin="00:30:13.52" dur="00:00:07.69">I believe that if you had a CO detector<br/>on board that would have identified</p>
    <p begin="00:30:21.21" dur="00:00:05.96">that there was high CO levels and you would<br/>have shut down that generator that, you know,</p>
    <p begin="00:30:27.17" dur="00:00:04.50">perhaps that young lady could be with us today.</p>
    <p begin="00:30:31.67" dur="00:00:06.46">So, you know, we really believe that, you<br/>know, it&apos;s a technically viable solution,</p>
    <p begin="00:30:38.13" dur="00:00:05.17">that it&apos;s a relatively simple installation.</p>
    <p begin="00:30:43.30" dur="00:00:04.11">It is field retrofittable.</p>
    <p begin="00:30:47.41" dur="00:00:02.26">It&apos;s a very cost-effective solution.</p>
    <p begin="00:30:49.67" dur="00:00:04.19">In high volumes, we could<br/>be looking at less than $20.</p>
    <p begin="00:30:53.86" dur="00:00:05.46">And we believe at the end of the day that<br/>shutting down generators will save lives.</p>
    <p begin="00:30:59.32" dur="00:00:02.92">CHAIR BUERKLE: Thank you very much, Mr. Shively.</p>
    <p begin="00:31:02.24" dur="00:00:01.63">Mr. Santos.</p>
    <p begin="00:31:03.87" dur="00:00:04.64">MR. SANTOS: Thank you.</p>
    <p begin="00:31:08.51" dur="00:00:01.80">Hi, my name is Antonio Santos.</p>
    <p begin="00:31:10.31" dur="00:00:05.12">I am the director of special projects at the<br/>Manufacturers of Emission Controls Association.</p>
    <p begin="00:31:15.43" dur="00:00:04.90">Thank you for the opportunity today to come<br/>before you to provide oral comments in support</p>
    <p begin="00:31:20.33" dur="00:00:03.13">of the U.S. Consumer Products Safety<br/>Commission&apos;s proposed rulemaking</p>
    <p begin="00:31:23.46" dur="00:00:03.99">to limit carbon monoxide emissions<br/>from operating portable generators.</p>
    <p begin="00:31:27.45" dur="00:00:03.17">We thank CPSC for its efforts to<br/>develop a comprehensive proposal</p>
    <p begin="00:31:30.62" dur="00:00:02.64">that effectively addresses<br/>the risk of injury associated</p>
    <p begin="00:31:33.26" dur="00:00:02.38">with CO poisoning from portable generators.</p>
    <p begin="00:31:35.64" dur="00:00:02.63">We believe the Commission&apos;s<br/>recommended maximum CO emission rates</p>
    <p begin="00:31:38.27" dur="00:00:03.79">for portable generators are reasonable and<br/>can be met through the use of a variety</p>
    <p begin="00:31:42.06" dur="00:00:04.93">of readily available technologies, including<br/>electronic fuel injection, closed loop control</p>
    <p begin="00:31:46.99" dur="00:00:01.95">and three-way catalyst technology.</p>
    <p begin="00:31:48.94" dur="00:00:04.10">MECA is a nonprofit association of<br/>the world&apos;s leading manufacturers</p>
    <p begin="00:31:53.04" dur="00:00:02.62">of emission control technology<br/>for mobile sources.</p>
    <p begin="00:31:55.66" dur="00:00:03.67">Our members have over 40 years of experience<br/>and a proven track record in developing</p>
    <p begin="00:31:59.33" dur="00:00:05.06">and manufacturing emission control<br/>technology for a wide variety of on-road</p>
    <p begin="00:32:04.39" dur="00:00:03.84">and off-road vehicles and<br/>equipment, including fuel injectors,</p>
    <p begin="00:32:08.23" dur="00:00:04.36">oxygen sensors for closed loop<br/>control and catalyst technology.</p>
    <p begin="00:32:12.59" dur="00:00:04.74">In addition, our members have over 20 years of<br/>experience in the safe application of catalysts</p>
    <p begin="00:32:17.33" dur="00:00:04.34">to a wide variety of on-road and off-road,<br/>small displacement, spark-ignited engines</p>
    <p begin="00:32:21.67" dur="00:00:03.20">like those used in portable generators.</p>
    <p begin="00:32:24.87" dur="00:00:04.24">MECA commends CPSC staff for its thorough<br/>technical work conducted in support</p>
    <p begin="00:32:29.11" dur="00:00:05.12">of the proposed rulemaking, including staff&apos;s<br/>two-part technology demonstration program,</p>
    <p begin="00:32:34.23" dur="00:00:05.28">staff&apos;s assessment of feasible CO rates based<br/>upon the EPA&apos;s 2006 technology demonstration</p>
    <p begin="00:32:39.51" dur="00:00:05.66">program for non-road SI engines, and<br/>staff&apos;s testing of fuel-injected generators.</p>
    <p begin="00:32:45.17" dur="00:00:05.53">Based on this extensive analysis,<br/>CPSC&apos;s staff concluded and MECA aggress</p>
    <p begin="00:32:50.70" dur="00:00:01.99">that significant reductions<br/>in the CO emission rates</p>
    <p begin="00:32:52.69" dur="00:00:06.08">of portable generators are technically feasible<br/>for each of the designated generator categories.</p>
    <p begin="00:32:58.77" dur="00:00:04.45">Specifically, CPSC&apos;s analysis found that<br/>existing emission control technology,</p>
    <p begin="00:33:03.22" dur="00:00:05.65">namely closed loop electronic fuel injection,<br/>engine calibration and a small catalyst,</p>
    <p begin="00:33:08.87" dur="00:00:02.69">can be applied to the engines<br/>that power portable generators</p>
    <p begin="00:33:11.56" dur="00:00:04.11">to significantly reduce their CO emission<br/>rate to a level that is expected to result</p>
    <p begin="00:33:15.67" dur="00:00:05.13">in fewer deaths and injuries when used in<br/>scenarios that currently cause fatalities.</p>
    <p begin="00:33:20.80" dur="00:00:05.33">MECA believes the levels of the maximum<br/>CO emission rates proposed by CPSC</p>
    <p begin="00:33:26.13" dur="00:00:03.17">for the four designated generator<br/>categories are reasonable and can be met</p>
    <p begin="00:33:29.30" dur="00:00:04.00">within the proposed time frames for compliance.</p>
    <p begin="00:33:33.30" dur="00:00:05.56">In testing conducted at Southwest Research<br/>Institute over 10 years ago, carbureted Class I</p>
    <p begin="00:33:38.86" dur="00:00:03.24">and Class II non-road, spark-ignited<br/>engines 19 kilowatts and below</p>
    <p begin="00:33:42.10" dur="00:00:04.20">with installed catalysts showed significant<br/>reductions in criteria pollutants</p>
    <p begin="00:33:46.30" dur="00:00:05.69">with reductions ranging from 50 to 70<br/>percent for CO and 60 to 80 percent for HC --</p>
    <p begin="00:33:51.99" dur="00:00:03.83">hydrocarbons, plus NOx, oxides of nitrogen.</p>
    <p begin="00:33:55.82" dur="00:00:03.06">MECA member companies have been<br/>developing both precious metal</p>
    <p begin="00:33:58.88" dur="00:00:02.57">and less expensive base metal<br/>catalyst technology</p>
    <p begin="00:34:01.45" dur="00:00:03.46">for effectively reducing CO.<br/>The CO reduction performance</p>
    <p begin="00:34:04.91" dur="00:00:05.26">of these cost effective catalyst solutions can<br/>be further enhanced through the combined use</p>
    <p begin="00:34:10.17" dur="00:00:03.94">of fuel injection and closed<br/>loop air fuel control.</p>
    <p begin="00:34:14.11" dur="00:00:03.80">Recent testing by MECA member companies on<br/>small spark-ignited engines used a combination</p>
    <p begin="00:34:17.91" dur="00:00:03.87">of electronic fuel injection and catalyst<br/>technology, have demonstrated an 80</p>
    <p begin="00:34:21.78" dur="00:00:03.80">to 90 percent reduction in CO emissions.</p>
    <p begin="00:34:25.58" dur="00:00:02.80">MECA last year analyzed EPA&apos;s<br/>certification database</p>
    <p begin="00:34:28.38" dur="00:00:02.87">for model year 2015 non-handheld engines.</p>
    <p begin="00:34:31.25" dur="00:00:05.29">Of the over 1,000 engines listed,<br/>approximately 100 of these engines are certified</p>
    <p begin="00:34:36.54" dur="00:00:04.05">with CO levels of less than<br/>50 grams per kilowatt hour.</p>
    <p begin="00:34:40.59" dur="00:00:04.96">Of the nine gasoline-fueled engines, all<br/>use catalysts and closed loop control.</p>
    <p begin="00:34:45.55" dur="00:00:06.64">The remaining low-CO engines are either natural<br/>gas or propane, some of which use catalysts.</p>
    <p begin="00:34:52.19" dur="00:00:05.28">Looking towards the future, several portable<br/>generator manufacturers have already announced</p>
    <p begin="00:34:57.47" dur="00:00:04.55">they will begin selling low-CO<br/>generators later this year.</p>
    <p begin="00:35:02.02" dur="00:00:02.93">Regarding the design of emission<br/>control systems for portable generators,</p>
    <p begin="00:35:04.95" dur="00:00:04.43">manufacturers may choose to include three-way<br/>catalysts in the mufflers of the engines</p>
    <p begin="00:35:09.38" dur="00:00:04.48">to achieve the low CO emission rates that<br/>would be required by the proposed standard.</p>
    <p begin="00:35:13.86" dur="00:00:03.03">MECA members have invested millions of<br/>dollars in developing catalyst technology</p>
    <p begin="00:35:16.89" dur="00:00:04.38">for small SI engines to ensure<br/>their effective and safe operation.</p>
    <p begin="00:35:21.27" dur="00:00:02.20">Installation of catalysts into mufflers used</p>
    <p begin="00:35:23.47" dur="00:00:04.51">on small spark-ignited engines<br/>utilize basic manufacturing techniques</p>
    <p begin="00:35:27.98" dur="00:00:04.42">and countless integration methods<br/>such as heat management and packaging,</p>
    <p begin="00:35:32.40" dur="00:00:04.04">which are straightforward engineering<br/>challenges that are well understood.</p>
    <p begin="00:35:36.44" dur="00:00:03.38">EPA and ARB test programs,<br/>both conducted 10 years ago,</p>
    <p begin="00:35:39.82" dur="00:00:03.28">have shown that catalysts can be applied<br/>to Class I and Class II small engines</p>
    <p begin="00:35:43.10" dur="00:00:06.13">without increasing safety risks associated<br/>with exhaust component surface temperatures.</p>
    <p begin="00:35:49.23" dur="00:00:03.75">Strategies to mitigate these issues are<br/>available today to ensure the safe operation</p>
    <p begin="00:35:52.98" dur="00:00:03.56">of catalyzed mufflers used on<br/>small spark-ignited engines.</p>
    <p begin="00:35:56.54" dur="00:00:03.17">These types of design issues have been<br/>raised and addressed every time the use</p>
    <p begin="00:35:59.71" dur="00:00:04.35">of catalyst technology has been proposed<br/>for use on spark-ignited engines,</p>
    <p begin="00:36:04.06" dur="00:00:04.80">be it for passenger cars, heavy-duty trucks,<br/>large nonroad equipment such as forklifts,</p>
    <p begin="00:36:08.86" dur="00:00:04.39">or small nonroad engines used in lawn<br/>and garden equipment and generators.</p>
    <p begin="00:36:13.25" dur="00:00:04.64">All of these issues have been<br/>successfully addressed for each application.</p>
    <p begin="00:36:17.89" dur="00:00:01.91">Finally, although it is likely</p>
    <p begin="00:36:19.80" dur="00:00:04.05">that manufacturers will utilize closed loop<br/>electronic fuel injection and catalysts</p>
    <p begin="00:36:23.85" dur="00:00:04.98">to meet proposed CO performance requirements,<br/>MECA agrees with CPSC that the requirements</p>
    <p begin="00:36:28.83" dur="00:00:01.48">of the rule should be performance based</p>
    <p begin="00:36:30.31" dur="00:00:04.99">and should not dictate how generators<br/>should meet the CO emission limits.</p>
    <p begin="00:36:35.30" dur="00:00:03.16">Companies should have the flexibility to<br/>determine the appropriate technology to use</p>
    <p begin="00:36:38.46" dur="00:00:02.45">to meet the specified CO emission rates.</p>
    <p begin="00:36:40.91" dur="00:00:03.75">In fact, the ingenuity of engine manufacturers<br/>has been demonstrated in the development</p>
    <p begin="00:36:44.66" dur="00:00:04.69">of new advanced designs in Class I and Class<br/>II engines to meet the current Phase III,</p>
    <p begin="00:36:49.35" dur="00:00:04.78">Tier III small spark-ignited<br/>standards without the use of catalysts.</p>
    <p begin="00:36:54.13" dur="00:00:05.02">In conclusion, MECA comments<br/>CPSC for taking important steps</p>
    <p begin="00:36:59.15" dur="00:00:02.53">to reduce CO emissions from portable generators.</p>
    <p begin="00:37:01.68" dur="00:00:02.59">We believe that the application<br/>of readily available technologies</p>
    <p begin="00:37:04.27" dur="00:00:04.11">such as closed loop electronic fuel injection<br/>and three-way catalyst technology to small,</p>
    <p begin="00:37:08.38" dur="00:00:04.40">nonroad, spark-ignited engines a cost effective<br/>solution for reducing exhaust emissions</p>
    <p begin="00:37:12.78" dur="00:00:03.26">from these engines and MECA is<br/>committed to do our part to ensure</p>
    <p begin="00:37:16.04" dur="00:00:04.86">that emission control technology is<br/>available to meet CPSC&apos;s requirements.</p>
    <p begin="00:37:20.90" dur="00:00:00.29">Thank you.</p>
    <p begin="00:37:21.19" dur="00:00:02.10">CHAIR BUERKLE: Thank you very much, Mr. Santos.</p>
    <p begin="00:37:23.29" dur="00:00:01.03">Mr. Donnay.</p>
    <p begin="00:37:24.32" dur="00:00:09.23">MR. DONNAY: Thank you -- a consulting<br/>detoxicologist -- CHAIR BUERKLE: Excuse me.</p>
    <p begin="00:37:33.55" dur="00:00:00.93">Is your microphone on?</p>
    <p begin="00:37:34.48" dur="00:00:00.76">MR. DONNAY: Sorry.</p>
    <p begin="00:37:35.24" dur="00:00:00.84">CHAIR BUERKLE: Thank you.</p>
    <p begin="00:37:36.08" dur="00:00:06.05">MR. DONNAY: I&apos;m a consulting detoxicologist and<br/>an environmental health engineer and CO analyst.</p>
    <p begin="00:37:42.13" dur="00:00:04.01">I have been working on CO issues for<br/>over 20 years and have worked with a lot</p>
    <p begin="00:37:46.14" dur="00:00:03.73">of different kinds of poisoning<br/>scenarios and investigated them.</p>
    <p begin="00:37:49.87" dur="00:00:07.69">I first shared these concerns with CPSC<br/>staff at the summit earlier this --</p>
    <p begin="00:37:57.56" dur="00:00:03.12">last year, rather, that the PGMA sponsored.</p>
    <p begin="00:38:00.68" dur="00:00:02.43">And I was the only one with these concerns.</p>
    <p begin="00:38:03.11" dur="00:00:01.94">I am glad they are now shared by others.</p>
    <p begin="00:38:05.05" dur="00:00:04.74">And I think there has been a real<br/>significant change in the industry response.</p>
    <p begin="00:38:09.79" dur="00:00:05.00">I am hoping that the commissioners<br/>will reconsider these concerns.</p>
    <p begin="00:38:14.79" dur="00:00:02.44">I sent them to you in a letter back in October.</p>
    <p begin="00:38:17.23" dur="00:00:04.34">First, as has been raised before,<br/>CPSC doesn&apos;t have the authority</p>
    <p begin="00:38:21.57" dur="00:00:03.32">to regulate these air pollutions but EPA does.</p>
    <p begin="00:38:24.89" dur="00:00:05.27">And critically, they have been<br/>doing this for over 20 years.</p>
    <p begin="00:38:30.16" dur="00:00:04.56">Most significant is that they have<br/>split their regulations of generators</p>
    <p begin="00:38:34.72" dur="00:00:06.84">into very strict limits for large generator<br/>engines, just 4.4 grams per kilowatt hour</p>
    <p begin="00:38:41.56" dur="00:00:09.54">if they are over 19 kilowatt, but much more,<br/>610 to 805, if they are these smaller engines.</p>
    <p begin="00:38:51.10" dur="00:00:05.81">So while an EPA-compliant, two cylinder, 20<br/>kilowatt commercial generator could emit only</p>
    <p begin="00:38:56.91" dur="00:00:06.38">up to 88 grams per hour, the entire<br/>machine, an EPA-compliant, one-cylinder,</p>
    <p begin="00:39:03.29" dur="00:00:04.31">five and a half kilowatt generator,<br/>a very common consumer size,</p>
    <p begin="00:39:07.60" dur="00:00:05.70">can emit 3,800 percent more<br/>or 3,355 grams per hour.</p>
    <p begin="00:39:13.30" dur="00:00:02.95">That clearly is the problem,<br/>and it&apos;s EPA&apos;s problem.</p>
    <p begin="00:39:16.25" dur="00:00:03.58">If they just extended this lower<br/>limit to the small generators,</p>
    <p begin="00:39:19.83" dur="00:00:06.03">the small generator limit would fall over 99<br/>percent and would be at 24 grams per hour.</p>
    <p begin="00:39:25.86" dur="00:00:07.49">So CPSC is now proposing to<br/>preempt EPA&apos;s CO emission limits</p>
    <p begin="00:39:33.35" dur="00:00:03.74">on generators up to 25 kilowatts.</p>
    <p begin="00:39:37.09" dur="00:00:02.53">That&apos;s how they defined it in the proposed rule.</p>
    <p begin="00:39:39.62" dur="00:00:07.25">So this would limit the smaller<br/>engines to 150 grams per hour,</p>
    <p begin="00:39:46.87" dur="00:00:04.86">but the limit for the two<br/>cylinder, 20 kilowatt engine,</p>
    <p begin="00:39:51.73" dur="00:00:05.17">would increase over 300 percent under this rule.</p>
    <p begin="00:39:56.90" dur="00:00:04.70">CPSC would allow these engines<br/>to give off 300 grams per hour,</p>
    <p begin="00:40:01.60" dur="00:00:04.71">and that seems to be going<br/>in the wrong direction.</p>
    <p begin="00:40:07.94" dur="00:00:04.55">CPSC says it believes lower emission rates are<br/>technically feasible for the smaller engines.</p>
    <p begin="00:40:12.49" dur="00:00:03.61">So why not, if you want to go down this road,<br/>propose the limits that are at least as low</p>
    <p begin="00:40:16.10" dur="00:00:02.86">as those already met by larger<br/>generators for 20 years?</p>
    <p begin="00:40:18.96" dur="00:00:03.70">My second concern is this<br/>claim of a 90 percent decrease.</p>
    <p begin="00:40:22.66" dur="00:00:02.29">We&apos;ve heard lots of people<br/>hail it, it&apos;s a big number.</p>
    <p begin="00:40:24.95" dur="00:00:04.90">I agree. But it&apos;s based on<br/>ignoring the cold start.</p>
    <p begin="00:40:29.85" dur="00:00:04.74">All the data from NIST ignored the cold<br/>start, and they ignored it for 60 minutes.</p>
    <p begin="00:40:34.59" dur="00:00:04.25">In the rule, they proposed letting it go for<br/>20 minutes, but the manufacturers wouldn&apos;t have</p>
    <p begin="00:40:38.84" dur="00:00:05.08">to tell us what the maximum CO emission rate<br/>was, how long it took to reach this peak,</p>
    <p begin="00:40:43.92" dur="00:00:02.71">what level of CO accumulated<br/>in the test chamber.</p>
    <p begin="00:40:46.63" dur="00:00:03.99">All of these factors affect the ability of<br/>consumers to survive, because they&apos;re not going</p>
    <p begin="00:40:50.62" dur="00:00:04.35">to start the generator in the driveway and<br/>bring it in the house 20 minutes later.</p>
    <p begin="00:40:54.97" dur="00:00:02.90">When they start it inside,<br/>all of these emissions</p>
    <p begin="00:40:57.87" dur="00:00:03.02">from the cold start are going to stay inside.</p>
    <p begin="00:41:00.89" dur="00:00:05.74">And I ask you, what this really depends on<br/>for success is answering this one question,</p>
    <p begin="00:41:06.63" dur="00:00:07.58">will low CO or safe CO or ultra-low<br/>CO generators really cause consumers</p>
    <p begin="00:41:14.21" dur="00:00:03.19">to behave better, to bring<br/>them inside less commonly?</p>
    <p begin="00:41:17.40" dur="00:00:04.19">If they don&apos;t, if they still bring them inside<br/>-- and I suggest they might be more likely to do</p>
    <p begin="00:41:21.59" dur="00:00:02.39">so -- we haven&apos;t solved any problem.</p>
    <p begin="00:41:23.98" dur="00:00:04.73">There will still be a very high, fast<br/>rise in CO, carboxyhemoglobin will go</p>
    <p begin="00:41:28.71" dur="00:00:02.97">up high quickly in the person&apos;s blood.</p>
    <p begin="00:41:31.68" dur="00:00:04.33">And five, 10 or 20 minutes later<br/>when CO emissions fall by 90 percent,</p>
    <p begin="00:41:36.01" dur="00:00:02.86">that CO level in their blood<br/>will not fall quickly.</p>
    <p begin="00:41:38.87" dur="00:00:04.01">It takes many times longer to<br/>get rid of CO than to absorb it.</p>
    <p begin="00:41:42.88" dur="00:00:02.82">All my colleagues who have<br/>studied this agree on that point.</p>
    <p begin="00:41:45.70" dur="00:00:04.20">So we don&apos;t solve the problem<br/>if we miss that cold start.</p>
    <p begin="00:41:49.90" dur="00:00:05.13">My third concern is this claim that the<br/>limits are based on technical feasibility.</p>
    <p begin="00:41:55.03" dur="00:00:03.64">As I mentioned, EPA has had<br/>lower limits for a long time.</p>
    <p begin="00:41:58.67" dur="00:00:04.46">Neither the briefing package<br/>nor the proposed rule mentioned</p>
    <p begin="00:42:03.13" dur="00:00:06.79">that these ostensibly technology-based<br/>limits of 75, 50 and 300 grams per hour,</p>
    <p begin="00:42:09.92" dur="00:00:05.46">depending on the size of the generator, are<br/>almost identical to a completely different set</p>
    <p begin="00:42:15.38" dur="00:00:07.15">of numbers, to EPA&apos;s 2008 estimates of the<br/>average CO emissions from idling U.S. vehicles</p>
    <p begin="00:42:22.53" dur="00:00:08.14">in three categories, 71 grams per hour -- that&apos;s<br/>the whole vehicle, not just per horsepower,</p>
    <p begin="00:42:30.67" dur="00:00:07.65">that&apos;s the whole engine for truck -- for<br/>cars, 152 for trucks and 301 for motorcycles.</p>
    <p begin="00:42:38.32" dur="00:00:04.72">Given that EPA has been working<br/>with CPSC staff on this since 2006,</p>
    <p begin="00:42:43.04" dur="00:00:01.63">I don&apos;t think this is a coincidence.</p>
    <p begin="00:42:44.67" dur="00:00:01.26">It begs an explanation.</p>
    <p begin="00:42:45.93" dur="00:00:04.39">I can&apos;t find anybody at CPSC<br/>staff or EPA who can explain it.</p>
    <p begin="00:42:50.32" dur="00:00:05.42">Why is CPSC only proposing to lower CO<br/>to the average level of U.S. vehicles,</p>
    <p begin="00:42:55.74" dur="00:00:03.52">when vehicles are still the number<br/>one cause of CO deaths and poisonings?</p>
    <p begin="00:42:59.26" dur="00:00:02.94">You wouldn&apos;t know this reading<br/>CPSC staff reports because,</p>
    <p begin="00:43:02.20" dur="00:00:02.86">since they don&apos;t have jurisdiction,<br/>they never mention those numbers.</p>
    <p begin="00:43:05.06" dur="00:00:02.40">But they still cause more<br/>deaths than the generators.</p>
    <p begin="00:43:07.46" dur="00:00:05.10">So 90 percent is nice but it&apos;s<br/>not enough, and I urge you to find</p>
    <p begin="00:43:12.56" dur="00:00:04.17">out where these limits actually came from,<br/>because they are clearly not technically based.</p>
    <p begin="00:43:16.73" dur="00:00:06.13">My last concern is the staff&apos;s dismissal<br/>of shutoff devices mounted on generators.</p>
    <p begin="00:43:22.86" dur="00:00:05.35">They have numerous vulnerabilities,<br/>but they didn&apos;t allow the public</p>
    <p begin="00:43:28.21" dur="00:00:01.49">to look at this data for eight years.</p>
    <p begin="00:43:29.70" dur="00:00:01.51">They sat on that report for eight years.</p>
    <p begin="00:43:31.21" dur="00:00:02.34">It took two years after I<br/>filed a FOIA to get it,</p>
    <p begin="00:43:33.55" dur="00:00:04.16">and the report shows some remarkable findings.</p>
    <p begin="00:43:37.71" dur="00:00:06.87">Even though they only used UL 2034 home<br/>CO alarms hard wired to the generator,</p>
    <p begin="00:43:44.58" dur="00:00:03.38">a purpose for which they are<br/>explicitly not meant to be used, right?</p>
    <p begin="00:43:47.96" dur="00:00:06.56">They&apos;re not even supposed to be in the same room<br/>as a CO source, they still worked perfectly.</p>
    <p begin="00:43:54.52" dur="00:00:05.19">They took 13 to 14 minutes to shut off<br/>generators when there over 400 PPM.</p>
    <p begin="00:43:59.71" dur="00:00:03.39">The UL limit allows four to 15 minutes.</p>
    <p begin="00:44:03.10" dur="00:00:06.83">And when they were in the range of 150 to 400<br/>PPM in the room, they took 40 to 49 minutes,</p>
    <p begin="00:44:09.93" dur="00:00:05.93">and that again is within the<br/>15 to 50 minutes allowed.</p>
    <p begin="00:44:15.86" dur="00:00:03.57">Most importantly, and this goes to<br/>Commissioner Robinson&apos;s question</p>
    <p begin="00:44:19.43" dur="00:00:03.36">about what evidence do we have,<br/>this test is the evidence.</p>
    <p begin="00:44:22.79" dur="00:00:05.10">There were no false positives or<br/>false negatives, indoors or out.</p>
    <p begin="00:44:27.89" dur="00:00:02.00">It worked perfectly.</p>
    <p begin="00:44:29.89" dur="00:00:03.77">The staff never tested any commercially<br/>available CO detectors designed</p>
    <p begin="00:44:33.66" dur="00:00:03.41">to control relays, such as<br/>the $5 devices installed</p>
    <p begin="00:44:37.07" dur="00:00:03.54">in vehicles with electronic climate control.</p>
    <p begin="00:44:40.61" dur="00:00:04.55">These are meant to last over 10<br/>years, don&apos;t need any recalibration.</p>
    <p begin="00:44:45.16" dur="00:00:04.06">And I point as someone else already has to<br/>the low oil shutoff sensors in these devices,</p>
    <p begin="00:44:49.22" dur="00:00:03.62">they very reliably protect generator engines.</p>
    <p begin="00:44:52.84" dur="00:00:03.90">We need a high CO shutoff to<br/>protect generator operators.</p>
    <p begin="00:44:56.74" dur="00:00:04.59">Here is the CPSC staff version on<br/>the left and on the right is one</p>
    <p begin="00:45:01.33" dur="00:00:05.20">of these small CO modules inside a BMW<br/>controlling your HVAC, opening and closing it</p>
    <p begin="00:45:06.53" dur="00:00:02.39">in response to CO levels on the road.</p>
    <p begin="00:45:08.92" dur="00:00:01.89">These are extremely robust devices.</p>
    <p begin="00:45:10.81" dur="00:00:01.92">They are all smaller than your thumb.</p>
    <p begin="00:45:12.73" dur="00:00:02.74">They are extremely robust.</p>
    <p begin="00:45:15.47" dur="00:00:04.20">I don&apos;t think they&apos;re all metal<br/>oxide anymore, they were originally.</p>
    <p begin="00:45:19.67" dur="00:00:04.33">It&apos;s just to show you that if they can survive<br/>10 years under the hood of a car on the road,</p>
    <p begin="00:45:24.00" dur="00:00:04.97">anywhere from Arizona to Alaska, I think<br/>they can survive 10 years on a generator.</p>
    <p begin="00:45:28.97" dur="00:00:03.34">Some of my reasons to vote against the rule,</p>
    <p begin="00:45:32.31" dur="00:00:05.37">it&apos;s crazy to raise the emission<br/>limits for larger generators.</p>
    <p begin="00:45:37.68" dur="00:00:03.03">We should be deferring to EPA to lower them all.</p>
    <p begin="00:45:40.71" dur="00:00:05.01">Even if we achieve the 90 percent reductions<br/>after they warm up, they are still allowed</p>
    <p begin="00:45:45.72" dur="00:00:06.03">to emit unlimited CO for 20 minutes and if<br/>misused indoors, they will still poison people.</p>
    <p begin="00:45:51.75" dur="00:00:04.16">They will not prevent a single case of<br/>poisoning if the generator is brought indoors.</p>
    <p begin="00:45:55.91" dur="00:00:02.84">Staff presented no evidence that<br/>consumers will be less likely</p>
    <p begin="00:45:58.75" dur="00:00:03.16">to bring these low-CO generators indoors.</p>
    <p begin="00:46:01.91" dur="00:00:05.45">And the rule doesn&apos;t give manufacturers the<br/>best option of putting a failsafe CO sensor</p>
    <p begin="00:46:07.36" dur="00:00:03.47">that would prevent all deaths,<br/>and I&apos;d say even all poisonings,</p>
    <p begin="00:46:10.83" dur="00:00:03.90">into these devices as an alternative.</p>
    <p begin="00:46:14.73" dur="00:00:01.72">But this is done with other things.</p>
    <p begin="00:46:16.45" dur="00:00:01.37">I leave you with this analogy.</p>
    <p begin="00:46:17.82" dur="00:00:05.35">CPSC doesn&apos;t make electric outlets safe<br/>under wet conditions by requiring them</p>
    <p begin="00:46:23.17" dur="00:00:01.39">to lower their voltage or current.</p>
    <p begin="00:46:24.56" dur="00:00:04.47">Where there is a hazardous water<br/>condition, we have a failsafe GFI outlet,</p>
    <p begin="00:46:29.03" dur="00:00:02.02">it instantly interrupts the circuit.</p>
    <p begin="00:46:31.05" dur="00:00:03.58">And users are inconvenienced by<br/>losing power and having to reset it,</p>
    <p begin="00:46:34.63" dur="00:00:02.61">but that&apos;s the price we&apos;re all willing to pay.</p>
    <p begin="00:46:37.24" dur="00:00:03.96">Another analogy is CPSC doesn&apos;t make<br/>water heaters safer for consumer use --</p>
    <p begin="00:46:41.20" dur="00:00:04.74">rather you do make them safer by setting<br/>a maximum limit on the water temperature.</p>
    <p begin="00:46:45.94" dur="00:00:02.91">But this only works when you set that<br/>temperature limit below the hazard.</p>
    <p begin="00:46:48.85" dur="00:00:03.51">It wouldn&apos;t work if you set<br/>the temperature at 190 degrees,</p>
    <p begin="00:46:52.36" dur="00:00:03.66">it works because you set it at 140 or less.</p>
    <p begin="00:46:56.02" dur="00:00:05.69">My parting question to you is why did<br/>CPSC spend all these millions of dollars,</p>
    <p begin="00:47:01.71" dur="00:00:05.16">take 10 years to develop this unproven,<br/>expensive, complicated approach</p>
    <p begin="00:47:06.87" dur="00:00:05.51">that won&apos;t work during cold starts, has many<br/>critical parts that could fail without warning,</p>
    <p begin="00:47:12.38" dur="00:00:05.24">and as the staff estimated would only<br/>prevent about a third of recent deaths,</p>
    <p begin="00:47:17.62" dur="00:00:05.31">without even testing a simple, proven,<br/>failsafe $5 CO sensor that&apos;s been installed</p>
    <p begin="00:47:22.93" dur="00:00:05.17">in over 100 million vehicles in the last 15<br/>years with no reported failures or recalls?</p>
    <p begin="00:47:28.10" dur="00:00:01.56">I know the answer to this question.</p>
    <p begin="00:47:29.66" dur="00:00:04.25">The staff never heard of it and they<br/>didn&apos;t do a Google search to look for them.</p>
    <p begin="00:47:33.91" dur="00:00:00.30">Thank you.</p>
    <p begin="00:47:34.21" dur="00:00:03.89">I appreciate any questions and I<br/>appreciate again the opportunity.</p>
    <p begin="00:47:38.10" dur="00:00:01.31">CHAIR BUERKLE: Thank you all very much.</p>
    <p begin="00:47:39.41" dur="00:00:01.19">Thank you for your testimony.</p>
    <p begin="00:47:40.60" dur="00:00:03.86">I will now begin the questioning<br/>from the commissioners.</p>
    <p begin="00:47:44.46" dur="00:00:02.93">Again, we will have two rounds of five minutes.</p>
    <p begin="00:47:47.39" dur="00:00:01.92">And I will begin that questioning.</p>
    <p begin="00:47:49.31" dur="00:00:06.76">PANEL 2 QUESTIONS CHAIR BUERKLE: Mr. Moses,<br/>with regards to Generac, in your points here</p>
    <p begin="00:47:56.07" dur="00:00:02.90">in your testimony, you talk<br/>about faster implementation.</p>
    <p begin="00:47:58.97" dur="00:00:04.26">I&apos;d like to, first of all, ask you do<br/>you have any concerns with the timing</p>
    <p begin="00:48:03.23" dur="00:00:03.13">or the effective date of our<br/>standard pursuant to our package?</p>
    <p begin="00:48:06.36" dur="00:00:05.74">And then what you&apos;re saying here is that<br/>you could -- with shutoff technology,</p>
    <p begin="00:48:12.10" dur="00:00:02.74">there would be a faster implementation<br/>of the technology?</p>
    <p begin="00:48:14.84" dur="00:00:01.18">MR. MOSES: Yes.</p>
    <p begin="00:48:16.02" dur="00:00:05.53">Yes, to comment to the first portion<br/>of your question relative to concerns</p>
    <p begin="00:48:21.55" dur="00:00:02.75">with the timing, we do have concerns with that.</p>
    <p begin="00:48:24.30" dur="00:00:05.02">As we mentioned or I mentioned earlier in<br/>the testimony, we have a very wide portfolio</p>
    <p begin="00:48:29.32" dur="00:00:03.47">of products, over 25 different engines.</p>
    <p begin="00:48:32.79" dur="00:00:08.93">To implement a low CO or EFI/catalyst type<br/>option would require quite a bit of redesign</p>
    <p begin="00:48:41.72" dur="00:00:05.19">on the products, in some cases very significant<br/>redesign due to packaging constraints as well</p>
    <p begin="00:48:46.91" dur="00:00:02.08">as dealing with heat loads<br/>with that type of a system.</p>
    <p begin="00:48:48.99" dur="00:00:03.39">The amount of testing, et cetera<br/>that we would have to go through.</p>
    <p begin="00:48:52.38" dur="00:00:07.36">It&apos;s unlikely we would be able to<br/>complete it in the time allowed in the NPR.</p>
    <p begin="00:48:59.74" dur="00:00:04.68">The shutdown solution is<br/>something that is much simpler.</p>
    <p begin="00:49:04.42" dur="00:00:02.48">I believe that was brought<br/>up this morning as well.</p>
    <p begin="00:49:06.90" dur="00:00:06.74">So the implementation would be much quicker in<br/>terms of designing it in, either as an accessory</p>
    <p begin="00:49:13.64" dur="00:00:03.26">or as a built-in part of the machine.</p>
    <p begin="00:49:16.90" dur="00:00:00.84">CHAIR BUERKLE: Thank you.</p>
    <p begin="00:49:17.74" dur="00:00:02.90">And then I had one other question<br/>with regards to your testimony.</p>
    <p begin="00:49:20.64" dur="00:00:02.56">Some of the concerns, the<br/>number one concern here,</p>
    <p begin="00:49:23.20" dur="00:00:04.72">and I&apos;m not necessarily saying it&apos;s your number<br/>one concern, but it was the one first listed,</p>
    <p begin="00:49:27.92" dur="00:00:02.07">could startup engine choking logic</p>
    <p begin="00:49:29.99" dur="00:00:05.11">which typically runs the engine<br/>rich, can you just explain that?</p>
    <p begin="00:49:35.10" dur="00:00:05.36">And is that relevant to the issue that Mr.<br/>Donnay brought up with regards to cold startup?</p>
    <p begin="00:49:40.46" dur="00:00:01.70">MR. MOSES: Yes.</p>
    <p begin="00:49:42.16" dur="00:00:00.22">Yes, it is.</p>
    <p begin="00:49:42.38" dur="00:00:06.06">Essentially, what he had pointed out as well as<br/>what we had in our testimony is that at startup,</p>
    <p begin="00:49:48.44" dur="00:00:04.56">in order to get the engine started,<br/>the air/fuel mixture would be rich,</p>
    <p begin="00:49:53.00" dur="00:00:05.44">which typically would create excessive<br/>CO relative to, say, running lean,</p>
    <p begin="00:49:58.44" dur="00:00:03.51">where you&apos;ve got a warmed-up engine.</p>
    <p begin="00:50:01.95" dur="00:00:05.38">Most of our generators are designed<br/>to run at lean or more along the lines</p>
    <p begin="00:50:07.33" dur="00:00:02.82">of stochiometric, which is kind of in between.</p>
    <p begin="00:50:10.15" dur="00:00:05.46">But at points, it does -- it does have<br/>to run rich when the engine is cold.</p>
    <p begin="00:50:15.61" dur="00:00:03.16">And so you are producing excessive CO.<br/>CHAIR BUERKLE: Thank you very much.</p>
    <p begin="00:50:18.77" dur="00:00:05.48">Mr. Donnay, you also brought<br/>up the cold start issue,</p>
    <p begin="00:50:24.25" dur="00:00:08.52">and you mentioned that the NIST study<br/>uses a 60-minute, so the engine runs</p>
    <p begin="00:50:32.77" dur="00:00:01.86">for 60 minutes and then they begin measuring.</p>
    <p begin="00:50:34.63" dur="00:00:05.06">You mentioned that our NPR uses 20 minutes.</p>
    <p begin="00:50:39.69" dur="00:00:04.03">When would you advise that you<br/>should begin measuring the CO output?</p>
    <p begin="00:50:43.72" dur="00:00:05.68">MR. DONNAY: From the moment<br/>you turn on the engine.</p>
    <p begin="00:50:49.40" dur="00:00:04.13">I was told by people at NIST<br/>that this was too hard to model,</p>
    <p begin="00:50:53.53" dur="00:00:03.29">that there was too much variety<br/>among the engines they looked at.</p>
    <p begin="00:50:56.82" dur="00:00:04.15">To me, that&apos;s the reason you should<br/>require them to test and see what happens.</p>
    <p begin="00:51:00.97" dur="00:00:04.25">But we know this problem is<br/>unsolvable in the real world.</p>
    <p begin="00:51:05.22" dur="00:00:04.31">And it&apos;s just a great reason<br/>to look for another solution.</p>
    <p begin="00:51:09.53" dur="00:00:05.04">The people who are exposed to CO begin<br/>to be poisoned the moment they inhale it.</p>
    <p begin="00:51:14.57" dur="00:00:03.32">There&apos;s no threshold below which it&apos;s safe,</p>
    <p begin="00:51:17.89" dur="00:00:02.16">except the level that&apos;s already<br/>in their own body.</p>
    <p begin="00:51:20.05" dur="00:00:03.70">We all begin to absorb CO when<br/>it exceeds the level in our body.</p>
    <p begin="00:51:23.75" dur="00:00:03.53">And most of us have less than<br/>10 or 20 PPM in our body.</p>
    <p begin="00:51:27.28" dur="00:00:02.01">Even smokers are under 100.</p>
    <p begin="00:51:29.29" dur="00:00:03.16">So above that level, they will<br/>start absorbing right away.</p>
    <p begin="00:51:32.45" dur="00:00:05.36">And as I mentioned, their COHb will go up much<br/>higher than it would if there was no cold start.</p>
    <p begin="00:51:37.81" dur="00:00:01.31">CHAIR BUERKLE: Thank you very much.</p>
    <p begin="00:51:39.12" dur="00:00:04.35">Mr. Johnson, you also talked<br/>about exposure and the --</p>
    <p begin="00:51:43.47" dur="00:00:03.62">really the compromise to one&apos;s cognitive skill,</p>
    <p begin="00:51:47.09" dur="00:00:03.93">abilities as they&apos;re being<br/>exposed to the carbon monoxide.</p>
    <p begin="00:51:51.02" dur="00:00:05.65">So in terms of technology, whether it&apos;s<br/>shutoff or low emission, would you --</p>
    <p begin="00:51:56.67" dur="00:00:04.79">would you have a preference, in terms of<br/>if someone you&apos;ve said quite eloquently,</p>
    <p begin="00:52:01.46" dur="00:00:07.91">I would say, that&apos;s nonspecific, the consumer<br/>doesn&apos;t realize there&apos;s CO intoxication,</p>
    <p begin="00:52:09.37" dur="00:00:04.22">they begin to have impaired judgment<br/>and issues, it would seem to me,</p>
    <p begin="00:52:13.59" dur="00:00:04.92">and I don&apos;t know whether you&apos;ll agree with<br/>me or not, that the shutoff technology,</p>
    <p begin="00:52:18.51" dur="00:00:04.76">which takes the consumer out of the<br/>equation, would be preferential.</p>
    <p begin="00:52:23.27" dur="00:00:02.19">And I would like to hear your comments on that.</p>
    <p begin="00:52:25.46" dur="00:00:05.10">MR. JOHNSON: I thought Mr. Sowell&apos;s testimony<br/>today was very persuasive on that issue,</p>
    <p begin="00:52:30.56" dur="00:00:02.45">as well as what he said over the break.</p>
    <p begin="00:52:33.01" dur="00:00:04.39">And we asked him specifically about the cold<br/>start and he said it was about two minutes.</p>
    <p begin="00:52:37.40" dur="00:00:04.76">That&apos;s 10 percent of what Mr.<br/>Donnay is expressing concerns about.</p>
    <p begin="00:52:42.16" dur="00:00:05.53">And I do think that a two-minute period<br/>is insufficient in most situations</p>
    <p begin="00:52:47.69" dur="00:00:04.49">to get the poisoning into a level that<br/>it would be clinically significant.</p>
    <p begin="00:52:52.18" dur="00:00:03.99">I -- I think both, as Dr. Weaver said, both.</p>
    <p begin="00:52:56.17" dur="00:00:03.93">Especially if the shutoff is<br/>not a terribly expensive add-on.</p>
    <p begin="00:53:00.10" dur="00:00:02.33">But the goal is to get the emissions down.</p>
    <p begin="00:53:02.43" dur="00:00:04.37">And we&apos;ve been getting emissions down in<br/>automobiles since I was in high school.</p>
    <p begin="00:53:06.80" dur="00:00:01.20">There is no reason for this.</p>
    <p begin="00:53:08.00" dur="00:00:01.80">CHAIR BUERKLE: Thank you very much, Mr. Johnson.</p>
    <p begin="00:53:09.80" dur="00:00:00.97">Commissioner Adler.</p>
    <p begin="00:53:10.77" dur="00:00:01.80">COMMISSIONER ADLER: Thank you, Madam Chairman.</p>
    <p begin="00:53:12.57" dur="00:00:04.02">And again, thank all of you for taking time<br/>out of very busy schedules to come and testify.</p>
    <p begin="00:53:16.59" dur="00:00:01.41">We really appreciate it.</p>
    <p begin="00:53:18.00" dur="00:00:05.92">So, Mr. Moses, I think you&apos;re the third person<br/>here who has talked about this impediment</p>
    <p begin="00:53:23.92" dur="00:00:04.57">to getting the materials from NIST, the $8,000.</p>
    <p begin="00:53:28.49" dur="00:00:03.85">Why should the taxpayers<br/>have to spend that money?</p>
    <p begin="00:53:32.34" dur="00:00:05.29">Surely, even an impoverished<br/>organization like PGMA could scare</p>
    <p begin="00:53:37.63" dur="00:00:02.99">up $8,000, if this were so critical.</p>
    <p begin="00:53:40.62" dur="00:00:02.45">Could you please explain<br/>why this hasn&apos;t been done?</p>
    <p begin="00:53:43.07" dur="00:00:04.59">MR. MOSES: I think the bigger issue is the<br/>fact that, at least my understanding --</p>
    <p begin="00:53:47.66" dur="00:00:06.86">and I&apos;m a little removed from the request --<br/>but my understanding is that it was not stated</p>
    <p begin="00:53:54.52" dur="00:00:03.59">that we would explicitly get<br/>everything we were asking for.</p>
    <p begin="00:53:58.11" dur="00:00:01.01">There was some question.</p>
    <p begin="00:53:59.12" dur="00:00:04.03">You&apos;re going to get some information, but<br/>it may or may not be everything you need.</p>
    <p begin="00:54:03.15" dur="00:00:01.25">I think that&apos;s the bigger concern.</p>
    <p begin="00:54:04.40" dur="00:00:02.91">COMMISSIONER ADLER: Okay, that&apos;s<br/>a new -- a new twist on it.</p>
    <p begin="00:54:07.31" dur="00:00:05.04">But at least in terms of the $8,000,<br/>I would plead with all of you to reach</p>
    <p begin="00:54:12.35" dur="00:00:04.13">down into petty cash and help<br/>PGMA get this information.</p>
    <p begin="00:54:16.48" dur="00:00:06.63">One of the things that I&apos;m<br/>concerned about is that the sensors</p>
    <p begin="00:54:23.11" dur="00:00:04.98">for these machines will not be remote<br/>sensors, which is the technology, Mr. Sively,</p>
    <p begin="00:54:28.09" dur="00:00:01.44">I&apos;m going to come and ask you about this,</p>
    <p begin="00:54:29.53" dur="00:00:03.47">but these would be sensors<br/>actually on the generator.</p>
    <p begin="00:54:33.00" dur="00:00:06.03">Has PGMA or has Generac itself<br/>thought about trying to set --</p>
    <p begin="00:54:39.03" dur="00:00:03.68">even if the sensors remain on<br/>the generator -- remote sensors?</p>
    <p begin="00:54:42.71" dur="00:00:05.23">Because if you have a generator that&apos;s 40<br/>feet away and a generator that&apos;s 10 feet away,</p>
    <p begin="00:54:47.94" dur="00:00:05.93">if you&apos;ve got the shutoff technology, it&apos;s going<br/>to shut them both off under either circumstance.</p>
    <p begin="00:54:53.87" dur="00:00:02.91">And even though one might<br/>not be hazardous at all.</p>
    <p begin="00:54:56.78" dur="00:00:02.08">MR. MOSES: Sure, no, I understand.</p>
    <p begin="00:54:58.86" dur="00:00:03.73">I haven&apos;t been with the company<br/>a tremendously long time,</p>
    <p begin="00:55:02.59" dur="00:00:03.86">so there may have been some<br/>exploration of the remote sensors.</p>
    <p begin="00:55:06.45" dur="00:00:03.10">Since I joined the company and<br/>have been working with this,</p>
    <p begin="00:55:09.55" dur="00:00:02.65">it&apos;s primarily been focused<br/>on the onboard type sensor.</p>
    <p begin="00:55:12.20" dur="00:00:06.45">And I think what we&apos;ve seen from our testing<br/>is that even if the generator is positioned,</p>
    <p begin="00:55:18.65" dur="00:00:06.59">you know, in different locations, different<br/>scenarios, by setting the limits carefully</p>
    <p begin="00:55:25.24" dur="00:00:05.13">and making sure you&apos;ve got the correct type of<br/>an algorithm to -- to watch what it&apos;s sensing,</p>
    <p begin="00:55:30.37" dur="00:00:06.65">we feel confident that we&apos;re still able to<br/>detect when the CO potentially could be building</p>
    <p begin="00:55:37.02" dur="00:00:03.23">up elsewhere, just by watching<br/>the proximity of the generator.</p>
    <p begin="00:55:40.25" dur="00:00:01.55">COMMISSIONER ADLER: Okay, thank you very much.</p>
    <p begin="00:55:41.80" dur="00:00:03.09">Mr. Shively, I was extremely<br/>impressed by your testimony,</p>
    <p begin="00:55:44.89" dur="00:00:08.98">because you seem to have real life experience<br/>with the shutoff approach to generator issues.</p>
    <p begin="00:55:53.87" dur="00:00:07.70">The first question I have is that when you&apos;re<br/>putting a shutoff device and a sensor on a boat</p>
    <p begin="00:56:01.57" dur="00:00:03.37">or a tent, those are remote<br/>sensors, is that correct,</p>
    <p begin="00:56:04.94" dur="00:00:03.42">removed in distance from the generator itself?</p>
    <p begin="00:56:08.36" dur="00:00:04.47">Do you have any where you actually attach<br/>the sensor and the shutoff device directly</p>
    <p begin="00:56:12.83" dur="00:00:02.25">to the generator, any experience with that?</p>
    <p begin="00:56:15.08" dur="00:00:07.76">MR. SHIVELY: Yeah, in the case of the boat, the<br/>CO detector is located in the, you know, area --</p>
    <p begin="00:56:22.84" dur="00:00:02.96">the galley or COMMISSIONER ADLER: The<br/>cabin is what I would call it, but yeah.</p>
    <p begin="00:56:25.80" dur="00:00:02.02">MR. SHIVELY: Yeah, the cabin.</p>
    <p begin="00:56:27.82" dur="00:00:01.88">And the generator is in the engine room.</p>
    <p begin="00:56:29.70" dur="00:00:03.20">So that is a remote sensor.</p>
    <p begin="00:56:32.90" dur="00:00:03.82">And then we have the capability<br/>of tying sensors together,</p>
    <p begin="00:56:36.72" dur="00:00:04.07">and in series with that, we<br/>connect up to the generator.</p>
    <p begin="00:56:40.79" dur="00:00:03.93">So if any sensor goes into alarm,<br/>that it will turn off the generator.</p>
    <p begin="00:56:44.72" dur="00:00:00.69">COMMISSIONER ADLER: Yeah.</p>
    <p begin="00:56:45.41" dur="00:00:00.98">That actually isn&apos;t my question.</p>
    <p begin="00:56:46.39" dur="00:00:04.37">My question is, do you have experience<br/>with the sensor directly attached</p>
    <p begin="00:56:50.76" dur="00:00:02.21">to the generator and only to the generator?</p>
    <p begin="00:56:52.97" dur="00:00:07.31">MR. SHIVELY: Yeah, only to the generator,<br/>that is what the tent manufacturer was doing.</p>
    <p begin="00:57:00.28" dur="00:00:09.09">Because it was a military type of<br/>venture, we did not get too close to that.</p>
    <p begin="00:57:09.37" dur="00:00:02.35">But they were actually mounting<br/>it onboard their generator.</p>
    <p begin="00:57:11.72" dur="00:00:03.00">COMMISSIONER ADLER: Yeah, you said onboard and<br/>I wasn&apos;t clear what the term &quot;onboard&quot; meant.</p>
    <p begin="00:57:14.72" dur="00:00:02.23">It was attached directly to the generator?</p>
    <p begin="00:57:16.95" dur="00:00:00.61">MR. SHIVELY: That&apos;s correct.</p>
    <p begin="00:57:17.56" dur="00:00:01.36">COMMISSIONER ADLER: Okay, thank you.</p>
    <p begin="00:57:18.92" dur="00:00:05.16">And the other question I had is, you&apos;ve<br/>moved from metal oxide to electrochemical.</p>
    <p begin="00:57:24.08" dur="00:00:04.28">And I&apos;m wondering if you&apos;ve seen<br/>any problems with electrochemical?</p>
    <p begin="00:57:28.36" dur="00:00:05.58">And it&apos;s that same issue of they&apos;re going to<br/>go from minus 30 degrees to 100-plus degrees,</p>
    <p begin="00:57:33.94" dur="00:00:02.23">and this could be over the course of months.</p>
    <p begin="00:57:36.17" dur="00:00:04.92">And have you done tests on the reliability and<br/>in particular the durability of these sensors?</p>
    <p begin="00:57:41.09" dur="00:00:00.69">MR. SHIVELY: Yeah.</p>
    <p begin="00:57:41.78" dur="00:00:07.92">We just completed the marine section of<br/>that test for our new detector coming out,</p>
    <p begin="00:57:49.70" dur="00:00:06.38">and that temperature range is<br/>minus 30 to plus 70 is the range</p>
    <p begin="00:57:56.08" dur="00:00:03.88">that it will operate in and it&apos;s tested to.</p>
    <p begin="00:57:59.96" dur="00:00:05.79">The next step is to do the RV testing<br/>and that will take it from a minus 40 C</p>
    <p begin="00:58:05.75" dur="00:00:04.33">to a plus 70 C. COMMISSIONER<br/>ADLER: C as opposed to F?</p>
    <p begin="00:58:10.08" dur="00:00:00.91">MR. SHIVELY: That&apos;s correct.</p>
    <p begin="00:58:10.99" dur="00:00:00.60">COMMISSIONER ADLER: Okay.</p>
    <p begin="00:58:11.59" dur="00:00:00.79">Thank you very much.</p>
    <p begin="00:58:12.38" dur="00:00:02.79">CHAIR BUERKLE: Commissioner Robinson.</p>
    <p begin="00:58:15.17" dur="00:00:04.97">COMMISSIONER ROBINSON: Mr. Shively,<br/>I am fascinated by your experience,</p>
    <p begin="00:58:20.14" dur="00:00:02.25">for the simple reason that I think your success</p>
    <p begin="00:58:22.39" dur="00:00:07.44">in your limited applications explains precisely<br/>what my problem is with the sensor and shutoff.</p>
    <p begin="00:58:29.83" dur="00:00:05.86">Now, so you&apos;re -- at this point, you&apos;re<br/>involved in boats and tents, that&apos;s it, right?</p>
    <p begin="00:58:35.69" dur="00:00:04.63">MR. SHIVELY: That is our primary business, yes.</p>
    <p begin="00:58:40.32" dur="00:00:02.25">COMMISSIONER ROBINSON: Okay, and how<br/>big of boats have you worked with?</p>
    <p begin="00:58:42.57" dur="00:00:02.42">I mean, do you work with the mega-yachts?</p>
    <p begin="00:58:44.99" dur="00:00:00.93">MR. SHIVELY: Yes.</p>
    <p begin="00:58:45.92" dur="00:00:05.66">COMMISSIONER ROBINSON: So have you done studies<br/>with respect to migration of carbon monoxide?</p>
    <p begin="00:58:51.58" dur="00:00:01.91">MR. SHIVELY: We have not.</p>
    <p begin="00:58:53.49" dur="00:00:07.03">What we typically do is we -- where<br/>there&apos;s multiple accommodation spaces,</p>
    <p begin="00:59:00.52" dur="00:00:04.46">then there are certain regulations<br/>for how many CO detectors</p>
    <p begin="00:59:04.98" dur="00:00:03.66">and detection devices that are required.</p>
    <p begin="00:59:08.64" dur="00:00:04.87">COMMISSIONER ROBINSON: So I&apos;m sorry to<br/>interrupt, so if you have multiple spaces</p>
    <p begin="00:59:13.51" dur="00:00:03.57">on the boat where there will be<br/>occupants, let&apos;s say bedrooms,</p>
    <p begin="00:59:17.08" dur="00:00:01.38">you will have a sensor in each of those, right?</p>
    <p begin="00:59:18.46" dur="00:00:01.45">MR. SHIVELY: That&apos;s correct.</p>
    <p begin="00:59:19.91" dur="00:00:03.46">COMMISSIONER ROBINSON: And then it<br/>will be wired to the generator, right?</p>
    <p begin="00:59:23.37" dur="00:00:03.73">MR. SHIVELY: That is how -- there are<br/>several applications that way, yes.</p>
    <p begin="00:59:27.10" dur="00:00:00.84">COMMISSIONER ROBINSON: Okay.</p>
    <p begin="00:59:27.94" dur="00:00:02.95">Because the only way that you know of --<br/>obviously, you&apos;re not going to, on a boat,</p>
    <p begin="00:59:30.89" dur="00:00:02.40">put it on the generator because<br/>it&apos;s in a closed environment,</p>
    <p begin="00:59:33.29" dur="00:00:01.78">it will shut the generator down, right?</p>
    <p begin="00:59:35.07" dur="00:00:01.10">MR. SHIVELY: Correct.</p>
    <p begin="00:59:36.17" dur="00:00:00.63">COMMISSIONER ROBINSON: Okay.</p>
    <p begin="00:59:36.80" dur="00:00:03.59">So if you put the sensors outside,<br/>it&apos;s wired to the generator,</p>
    <p begin="00:59:40.39" dur="00:00:04.53">what you&apos;re doing is you&apos;re trying to put<br/>a sensor wherever people might be exposed</p>
    <p begin="00:59:44.92" dur="00:00:01.73">to carbon monoxide; is that fair to say?</p>
    <p begin="00:59:46.65" dur="00:00:01.19">MR. SHIVELY: That&apos;s correct.</p>
    <p begin="00:59:47.84" dur="00:00:00.70">COMMISSIONER ROBINSON: Okay.</p>
    <p begin="00:59:48.54" dur="00:00:04.76">And on the tent, where you&apos;ve got the sensor on<br/>the generator, you&apos;ve got a very limited space,</p>
    <p begin="00:59:53.30" dur="00:00:04.52">so if the generator is getting enough<br/>carbon monoxide that it&apos;s sensing</p>
    <p begin="00:59:57.82" dur="00:00:04.00">that it would be dangerous to a human<br/>being, it&apos;s in the same space, correct?</p>
    <p begin="01:00:01.82" dur="00:00:01.34">MR. SHIVELY: That&apos;s correct.</p>
    <p begin="01:00:03.16" dur="00:00:00.81">COMMISSIONER ROBINSON: Okay.</p>
    <p begin="01:00:03.97" dur="00:00:04.86">Have you worked with any applications where<br/>you&apos;ve got the sensor on the generator</p>
    <p begin="01:00:08.83" dur="00:00:03.46">but the carbon monoxide could migrate</p>
    <p begin="01:00:12.29" dur="00:00:03.70">to spaces quite a distance away<br/>from the portable generator?</p>
    <p begin="01:00:15.99" dur="00:00:01.12">MR. SHIVELY: We do not.</p>
    <p begin="01:00:17.11" dur="00:00:04.54">COMMISSIONER ROBINSON: And one other thing.</p>
    <p begin="01:00:21.65" dur="00:00:03.18">I&apos;m assuming -- well, let me just ask you.</p>
    <p begin="01:00:24.83" dur="00:00:03.67">Have you worked at all with tamper resistance?</p>
    <p begin="01:00:28.50" dur="00:00:03.73">I don&apos;t think you&apos;d need to in the boat<br/>environments, because people aren&apos;t going</p>
    <p begin="01:00:32.23" dur="00:00:03.76">to tamper with something because you&apos;re<br/>not going to get nuisance shutdowns.</p>
    <p begin="01:00:35.99" dur="00:00:05.40">But I just wonder if you&apos;ve had situations<br/>where you&apos;ve worried about a nuisance shutdown</p>
    <p begin="01:00:41.39" dur="00:00:03.43">such that people might tamper<br/>with any of your devices?</p>
    <p begin="01:00:44.82" dur="00:00:06.84">MR. SHIVELY: Yeah, nuisance alarms are<br/>certainly something that -- that are a concern.</p>
    <p begin="01:00:51.66" dur="00:00:06.24">And in many CO deaths that have happened<br/>in marine that I&apos;ve actually investigated,</p>
    <p begin="01:00:57.90" dur="00:00:08.50">because of older sensor technology<br/>and sensors get contaminated that,</p>
    <p begin="01:01:06.40" dur="00:00:01.90">you know, they false alarm.</p>
    <p begin="01:01:08.30" dur="00:00:07.39">So what happens is that people bypass<br/>them and they don&apos;t wake up the next day.</p>
    <p begin="01:01:15.69" dur="00:00:02.43">They think they&apos;re getting a false alarm,</p>
    <p begin="01:01:18.12" dur="00:00:04.40">but they&apos;re really sensing<br/>CO. COMMISSIONER ROBINSON:</p>
    <p begin="01:01:22.52" dur="00:00:05.27">So you talked about the new CO<br/>detectors that you&apos;re working on.</p>
    <p begin="01:01:27.79" dur="00:00:04.60">But what we&apos;ve talked about<br/>in terms of a detector</p>
    <p begin="01:01:32.39" dur="00:00:06.36">on the generator applies<br/>to the new one, too, right?</p>
    <p begin="01:01:38.75" dur="00:00:02.70">Is it just in the marine environment<br/>that you&apos;re working on the new one?</p>
    <p begin="01:01:41.45" dur="00:00:05.26">MR. SHIVELY: No, we are currently<br/>working with a generator manufacturer</p>
    <p begin="01:01:46.71" dur="00:00:04.86">and we&apos;re using the electrochemical, which<br/>is the new style, which is less susceptible</p>
    <p begin="01:01:51.57" dur="00:00:03.29">to contamination and a lot of the other issues.</p>
    <p begin="01:01:54.86" dur="00:00:06.31">And, you know, with that one, it is --<br/>COMMISSIONER ROBINSON: But what&apos;s --</p>
    <p begin="01:02:01.17" dur="00:00:01.52">what&apos;s the venue in which<br/>you&apos;re going to use it?</p>
    <p begin="01:02:02.69" dur="00:00:02.53">Are you going to use it RVs, marine --<br/>MR. SHIVELY: No, on a portable generator.</p>
    <p begin="01:02:05.22" dur="00:00:01.56">COMMISSIONER ROBINSON: Sorry?</p>
    <p begin="01:02:06.78" dur="00:00:00.90">MR. SHIVELY: On a portable generator.</p>
    <p begin="01:02:07.68" dur="00:00:01.40">COMMISSIONER ROBINSON: On a portable generator.</p>
    <p begin="01:02:09.08" dur="00:00:01.56">Well, where is the generator going to be used?</p>
    <p begin="01:02:10.64" dur="00:00:03.65">MR. SHIVELY: The generator<br/>would be operated outside.</p>
    <p begin="01:02:14.29" dur="00:00:06.63">COMMISSIONER ROBINSON: Mr. Moses,<br/>I met with a lot of the people</p>
    <p begin="01:02:20.92" dur="00:00:07.12">from PGMA probably two years ago, and it<br/>may have been a year ago, and never heard --</p>
    <p begin="01:02:28.04" dur="00:00:05.06">and I was pushing, pushing, pushing for anything<br/>that you guys would do to make generators safer,</p>
    <p begin="01:02:33.10" dur="00:00:02.03">and all I was hearing about was warnings.</p>
    <p begin="01:02:35.13" dur="00:00:02.39">And now we&apos;re hearing about<br/>these sensors and shutoffs.</p>
    <p begin="01:02:37.52" dur="00:00:02.64">When did you guys start working on this?</p>
    <p begin="01:02:40.16" dur="00:00:02.64">MR. MOSES: Again, I&apos;ve only been<br/>with the company a short time,</p>
    <p begin="01:02:42.80" dur="00:00:05.57">but I believe we really started focusing<br/>fairly heavily on this last year.</p>
    <p begin="01:02:48.37" dur="00:00:02.01">COMMISSIONER ROBINSON: How long<br/>have you been with the company?</p>
    <p begin="01:02:50.38" dur="00:00:01.87">MR. MOSES: About 11 months.</p>
    <p begin="01:02:52.25" dur="00:00:06.89">COMMISSIONER ROBINSON: So my -- conceptually,<br/>my problem is I cannot fathom how you are going</p>
    <p begin="01:02:59.14" dur="00:00:05.65">to get a portable generator with a sensor<br/>on the generator that is going to shut</p>
    <p begin="01:03:04.79" dur="00:00:07.19">down the generator when carbon monoxide has<br/>migrated to a separate part of an arena,</p>
    <p begin="01:03:11.98" dur="00:00:04.31">at a wedding, a separate<br/>part of the house, a bedroom,</p>
    <p begin="01:03:16.29" dur="00:00:05.19">how that&apos;s going to like intuitively know<br/>at the generator level that somehow --</p>
    <p begin="01:03:21.48" dur="00:00:03.92">and you used some phrase that you can<br/>tell what the CO level is just based</p>
    <p begin="01:03:25.40" dur="00:00:01.34">on proximity to the generator.</p>
    <p begin="01:03:26.74" dur="00:00:01.37">That doesn&apos;t make any sense to me.</p>
    <p begin="01:03:28.11" dur="00:00:00.83">Maybe you can help me out.</p>
    <p begin="01:03:28.94" dur="00:00:03.02">MR. MOSES: Well, it&apos;s based on the settings<br/>and what type of an algorithm you&apos;re using</p>
    <p begin="01:03:31.96" dur="00:00:01.86">in the sensor in terms of what you&apos;re sensing</p>
    <p begin="01:03:33.82" dur="00:00:02.00">and where you&apos;re trying to<br/>shut the machine down.</p>
    <p begin="01:03:35.82" dur="00:00:05.94">What I would suggest is, because there&apos;s a lot<br/>of detail that I either am not in a position</p>
    <p begin="01:03:41.76" dur="00:00:04.37">to share at this point or probably<br/>not the right person to share.</p>
    <p begin="01:03:46.13" dur="00:00:06.70">At the technical summit and also at the<br/>closed meeting that has been proposed,</p>
    <p begin="01:03:52.83" dur="00:00:03.85">Generac present much more information<br/>behind the testing that we have done.</p>
    <p begin="01:03:56.68" dur="00:00:02.92">Because I think once you see<br/>that, I think you&apos;ll feel</p>
    <p begin="01:03:59.60" dur="00:00:02.24">or at least understand what we&apos;re talking about.</p>
    <p begin="01:04:01.84" dur="00:00:01.70">COMMISSIONER ROBINSON: Okay,<br/>I&apos;m way over my time.</p>
    <p begin="01:04:03.54" dur="00:00:00.92">Thanks. CHAIR BUERKLE: Thank you.</p>
    <p begin="01:04:04.46" dur="00:00:00.72">Commissioner Kaye.</p>
    <p begin="01:04:05.18" dur="00:00:02.52">COMMISSIONER KAYE: Thank you, Madam Chair.</p>
    <p begin="01:04:07.70" dur="00:00:05.12">Mr. Moses, can you give us a rough<br/>approximation, please, of how many --</p>
    <p begin="01:04:12.82" dur="00:00:02.98">what percentage of the market<br/>is covered by PGMA membership?</p>
    <p begin="01:04:15.80" dur="00:00:00.85">Do you know that?</p>
    <p begin="01:04:16.65" dur="00:00:01.92">MR. MOSES: I do not know that, no.</p>
    <p begin="01:04:18.57" dur="00:00:01.50">COMMISSIONER KAYE: Any sense<br/>off the top of your head?</p>
    <p begin="01:04:20.07" dur="00:00:02.07">MR. MOSES: No.</p>
    <p begin="01:04:22.14" dur="00:00:02.31">Again, as I said, I&apos;m relatively<br/>new to the industry</p>
    <p begin="01:04:24.45" dur="00:00:03.05">and I&apos;m not real sure what<br/>that percentage would be.</p>
    <p begin="01:04:27.50" dur="00:00:01.71">COMMISSIONER KAYE: So let me ask you this.</p>
    <p begin="01:04:29.21" dur="00:00:03.60">Is it your understanding that every<br/>single portable generator that is sold</p>
    <p begin="01:04:32.81" dur="00:00:03.59">in the United States is sold by a PGMA member?</p>
    <p begin="01:04:36.40" dur="00:00:03.01">MR. MOSES: I do not know that for sure.</p>
    <p begin="01:04:39.41" dur="00:00:00.83">COMMISSIONER KAYE: Okay.</p>
    <p begin="01:04:40.24" dur="00:00:05.48">Let&apos;s just assume for the sake that it&apos;s not,<br/>that there are imports coming from overseas.</p>
    <p begin="01:04:45.72" dur="00:00:01.20">Does that sound fair?</p>
    <p begin="01:04:46.92" dur="00:00:02.08">MR. MOSES: Sure, that&apos;s probably safe.</p>
    <p begin="01:04:49.00" dur="00:00:04.23">COMMISSIONER KAYE: Are you -- if it turns out<br/>that the sensor technology is a viable option</p>
    <p begin="01:04:53.23" dur="00:00:03.71">and addresses the hazard, are you<br/>comfortable with the Commission locking</p>
    <p begin="01:04:56.94" dur="00:00:04.66">that into a mandatory standard<br/>from a competitiveness standpoint?</p>
    <p begin="01:05:01.60" dur="00:00:04.48">MR. MOSES: I think that, if the<br/>playing field is equal, then yes,</p>
    <p begin="01:05:06.08" dur="00:00:01.65">I don&apos;t think we&apos;d have an issue with that.</p>
    <p begin="01:05:07.73" dur="00:00:00.39">COMMISSIONER KAYE: Okay.</p>
    <p begin="01:05:08.12" dur="00:00:04.43">So the issue here is not a philosophical one of<br/>voluntary standards versus mandatory standards,</p>
    <p begin="01:05:12.55" dur="00:00:04.05">it&apos;s the -- I&apos;m asking you, I&apos;m<br/>not putting words in your mouth --</p>
    <p begin="01:05:16.60" dur="00:00:01.53">it&apos;s making sure we get it right?</p>
    <p begin="01:05:18.13" dur="00:00:00.97">MR. MOSES: Agreed.</p>
    <p begin="01:05:19.10" dur="00:00:03.84">I think that&apos;s what was expressed<br/>this morning in some of the comments.</p>
    <p begin="01:05:22.94" dur="00:00:04.94">We at Generac want to make sure that<br/>we provide the best, safest solution.</p>
    <p begin="01:05:27.88" dur="00:00:01.27">COMMISSIONER KAYE: Okay, and I appreciate that.</p>
    <p begin="01:05:29.15" dur="00:00:04.62">Because Mr. Wischstadt, and maybe he was<br/>speaking on behalf of PGMA, he expressly asked</p>
    <p begin="01:05:33.77" dur="00:00:04.80">that we paused the rulemaking<br/>while PGMA moves forward.</p>
    <p begin="01:05:38.57" dur="00:00:02.36">MR. MOSES: I think -- and I understand that.</p>
    <p begin="01:05:40.93" dur="00:00:02.52">And I think I had the same<br/>comment in here as well.</p>
    <p begin="01:05:43.45" dur="00:00:05.99">Because I think there is still more that we<br/>need to understand in terms of the application</p>
    <p begin="01:05:49.44" dur="00:00:03.20">of the sensors so again we<br/>offer the best solution.</p>
    <p begin="01:05:52.64" dur="00:00:05.12">We want to make sure that what<br/>we&apos;re doing is, one, safe; two,</p>
    <p begin="01:05:57.76" dur="00:00:03.63">is cost effective for the consumers.</p>
    <p begin="01:06:01.39" dur="00:00:03.55">If we just throw technology at a machine,<br/>ultimately potentially we can price it</p>
    <p begin="01:06:04.94" dur="00:00:04.94">out of the market and then, you<br/>know, there is no advantage there.</p>
    <p begin="01:06:09.88" dur="00:00:01.82">So I think we are saying the same thing.</p>
    <p begin="01:06:11.70" dur="00:00:04.36">We want time to make sure we<br/>understand what is that best solution,</p>
    <p begin="01:06:16.06" dur="00:00:01.75">which would then be proposed through the PGMA.</p>
    <p begin="01:06:17.81" dur="00:00:04.19">COMMISSIONER KAYE: And one of the areas<br/>again, and let me make sure I got this right,</p>
    <p begin="01:06:22.00" dur="00:00:02.27">was you said you didn&apos;t want<br/>to have, I think you said,</p>
    <p begin="01:06:24.27" dur="00:00:01.53">duplication of efforts; is that accurate?</p>
    <p begin="01:06:25.80" dur="00:00:00.61">MR. MOSES: Right, right.</p>
    <p begin="01:06:26.41" dur="00:00:03.67">COMMISSIONER KAYE: And those efforts that<br/>you&apos;re talking about duplicating are the efforts</p>
    <p begin="01:06:30.08" dur="00:00:02.34">in PGMA versus the CPSC&apos;s efforts?</p>
    <p begin="01:06:32.42" dur="00:00:02.93">So two different entities trying to<br/>address this hazard simultaneously?</p>
    <p begin="01:06:35.35" dur="00:00:03.33">MR. MOSES: There&apos;s some of that, as<br/>well as potential duplication of effort</p>
    <p begin="01:06:38.68" dur="00:00:05.02">between industries because we may be going<br/>after different ways to solve the same problem.</p>
    <p begin="01:06:43.70" dur="00:00:06.24">If we can have a clear focus on<br/>what it is we&apos;re going after,</p>
    <p begin="01:06:49.94" dur="00:00:01.97">we can work together more effectively.</p>
    <p begin="01:06:51.91" dur="00:00:00.65">COMMISSIONER KAYE: Got it.</p>
    <p begin="01:06:52.56" dur="00:00:03.04">And do you have the same concern<br/>about duplication of efforts</p>
    <p begin="01:06:55.60" dur="00:00:05.65">of PGMA duplicating efforts or doing<br/>efforts on top of what UL is already doing?</p>
    <p begin="01:07:01.25" dur="00:00:02.11">MR. MOSES: There are some concerns there, yes.</p>
    <p begin="01:07:03.36" dur="00:00:02.36">COMMISSIONER KAYE: And are you<br/>comfortable then or would you recommend</p>
    <p begin="01:07:05.72" dur="00:00:04.00">that Generac have PGMA stand down<br/>and let UL complete its work first?</p>
    <p begin="01:07:09.72" dur="00:00:03.03">MR. MOSES: Actually, I think<br/>we&apos;d prefer the other way.</p>
    <p begin="01:07:12.75" dur="00:00:00.15">(Laugher.)</p>
    <p begin="01:07:12.90" dur="00:00:01.76">COMMISSIONER KAYE: Didn&apos;t UL start first?</p>
    <p begin="01:07:14.66" dur="00:00:01.99">Didn&apos;t UL -- and I realize you&apos;re new to this.</p>
    <p begin="01:07:16.65" dur="00:00:01.06">MR. MOSES: I think so -- sure, sure.</p>
    <p begin="01:07:17.71" dur="00:00:02.15">But my understanding is the<br/>direction they&apos;re going in --</p>
    <p begin="01:07:19.86" dur="00:00:04.95">I believe where PGMA is going is a<br/>more comprehensive look at things.</p>
    <p begin="01:07:24.81" dur="00:00:01.43">COMMISSIONER KAYE: And what<br/>are you basing that on?</p>
    <p begin="01:07:26.24" dur="00:00:04.05">MR. MOSES: What I have heard in<br/>terms of what the UL activities are,</p>
    <p begin="01:07:30.29" dur="00:00:02.57">focusing on a particular test method.</p>
    <p begin="01:07:32.86" dur="00:00:03.39">COMMISSIONER KAYE: So you are not basing it<br/>on hazard patterns that are being addressed,</p>
    <p begin="01:07:36.25" dur="00:00:02.42">you&apos;re just talking about<br/>solutions that might be offered?</p>
    <p begin="01:07:38.67" dur="00:00:04.51">I&apos;m trying to understand when you say more<br/>comprehensive -- MR. MOSES: Focus of the effort,</p>
    <p begin="01:07:43.18" dur="00:00:03.52">I should say, in terms of what<br/>the ultimate deliverable would be.</p>
    <p begin="01:07:46.70" dur="00:00:04.85">COMMISSIONER KAYE: Do you -- MR. MOSES: I think<br/>the PGMA standard covers a broad range of items.</p>
    <p begin="01:07:51.55" dur="00:00:01.75">COMMISSIONER KAYE: Items meaning products?</p>
    <p begin="01:07:53.30" dur="00:00:02.64">MR. MOSES: Product, performance,<br/>safety, et cetera.</p>
    <p begin="01:07:55.94" dur="00:00:04.36">There&apos;s a lot of good standards,<br/>if you will, in there.</p>
    <p begin="01:08:00.30" dur="00:00:00.72">COMMISSIONER KAYE: I see.</p>
    <p begin="01:08:01.02" dur="00:00:03.52">And do you have a sense as to can<br/>you explain to me the hazard patterns</p>
    <p begin="01:08:04.54" dur="00:00:03.11">that the proposed PGMA standard would address?</p>
    <p begin="01:08:07.65" dur="00:00:02.23">MR. MOSES: No, I&apos;m probably not<br/>the right person to explain that.</p>
    <p begin="01:08:09.88" dur="00:00:00.93">COMMISSIONER KAYE: You cannot explain that?</p>
    <p begin="01:08:10.81" dur="00:00:00.37">MR. MOSES: No.</p>
    <p begin="01:08:11.18" dur="00:00:00.43">COMMISSIONER KAYE: Okay.</p>
    <p begin="01:08:11.61" dur="00:00:05.05">And in your list -- in your testimony, you<br/>had a list of items that all in essence,</p>
    <p begin="01:08:16.66" dur="00:00:05.06">and I would love to have more time to get to<br/>Mr. Santos for his comment on it, maybe we will,</p>
    <p begin="01:08:21.72" dur="00:00:04.50">a long list of items that appeared to be<br/>concerns about limitations in your mind</p>
    <p begin="01:08:26.22" dur="00:00:04.06">or Generac&apos;s mind about the<br/>performance of EFI technologies</p>
    <p begin="01:08:30.28" dur="00:00:02.01">and incorporating catalysts as well.</p>
    <p begin="01:08:32.29" dur="00:00:00.42">MR. MOSES: Right.</p>
    <p begin="01:08:32.71" dur="00:00:01.73">COMMISSIONER KAYE: What did you base that on?</p>
    <p begin="01:08:34.44" dur="00:00:05.09">MR. MOSES: I think a lot of this is based<br/>on current industry technology, testing.</p>
    <p begin="01:08:39.53" dur="00:00:03.63">I believe the team that has been working on this</p>
    <p begin="01:08:43.16" dur="00:00:04.82">for some time now has referenced<br/>industry reports, et cetera.</p>
    <p begin="01:08:47.98" dur="00:00:02.54">So that&apos;s where essentially this comes from.</p>
    <p begin="01:08:50.52" dur="00:00:05.11">COMMISSIONER KAYE: Do you have specific Generac<br/>tests that would validate these concerns?</p>
    <p begin="01:08:55.63" dur="00:00:02.47">MR. MOSES: I know in some cases, we do.</p>
    <p begin="01:08:58.10" dur="00:00:02.55">And again, I think that&apos;s<br/>information we can share either</p>
    <p begin="01:09:00.65" dur="00:00:02.29">at the technical summit or during the visit.</p>
    <p begin="01:09:02.94" dur="00:00:05.97">For instance, the cold startup, running<br/>rich, producing more CO, we have done tests</p>
    <p begin="01:09:08.91" dur="00:00:03.12">where we show that -- where that is happening.</p>
    <p begin="01:09:12.03" dur="00:00:01.54">COMMISSIONER KAYE: Yeah, my time has expired.</p>
    <p begin="01:09:13.57" dur="00:00:02.94">I would just ask that you submit<br/>that as part of the comment period.</p>
    <p begin="01:09:16.51" dur="00:00:02.30">I don&apos;t think that&apos;s proprietary<br/>data, that&apos;s just test data.</p>
    <p begin="01:09:18.81" dur="00:00:02.98">That would be valuable for the Commission<br/>to validate what you&apos;ve said here.</p>
    <p begin="01:09:21.79" dur="00:00:00.25">Thank you.</p>
    <p begin="01:09:22.04" dur="00:00:00.55">MR. MOSES: Sure.</p>
    <p begin="01:09:22.59" dur="00:00:01.35">CHAIR BUERKLE: Commissioner Mohorovic.</p>
    <p begin="01:09:23.94" dur="00:00:01.55">COMMISSIONER MOHOROVIC: Thank<br/>you, Madam Chairman.</p>
    <p begin="01:09:25.49" dur="00:00:03.75">Thank you to the entire panel for<br/>your contributions to today&apos;s hearing.</p>
    <p begin="01:09:29.24" dur="00:00:02.31">I have a couple of questions.</p>
    <p begin="01:09:31.55" dur="00:00:03.15">I have a question beginning with Mr. Moses.</p>
    <p begin="01:09:34.70" dur="00:00:04.65">I want to talk about the product<br/>service life of the different generators</p>
    <p begin="01:09:39.35" dur="00:00:03.60">that would be subject to the proposed rule.</p>
    <p begin="01:09:42.95" dur="00:00:02.39">Generally speaking, and I know<br/>there are different classes,</p>
    <p begin="01:09:45.34" dur="00:00:02.77">but what is the product service<br/>life of your products?</p>
    <p begin="01:09:48.11" dur="00:00:02.25">MR. MOSES: I&apos;m not sure of that specifically.</p>
    <p begin="01:09:50.36" dur="00:00:02.09">Again, being relatively new to the industry.</p>
    <p begin="01:09:52.45" dur="00:00:03.76">But I know we anticipate the products being<br/>used up to as much as 10 years or more.</p>
    <p begin="01:09:56.21" dur="00:00:01.38">COMMISSIONER MOHOROVIC: Ten years or more?</p>
    <p begin="01:09:57.59" dur="00:00:00.85">MR. MOSES: Right.</p>
    <p begin="01:09:58.44" dur="00:00:01.10">COMMISSIONER MOHOROVIC: Okay.</p>
    <p begin="01:09:59.54" dur="00:00:05.66">I think our staff mentioned 10 to 15 years,<br/>which gives me a little bit of concern.</p>
    <p begin="01:10:05.20" dur="00:00:05.43">Mr. Shively, I think I heard you mention<br/>that with the electro-technical --</p>
    <p begin="01:10:10.63" dur="00:00:05.69">electrochemical type sensors, a<br/>seven to 10 year product service life</p>
    <p begin="01:10:16.32" dur="00:00:02.57">for those particular kinds of sensors.</p>
    <p begin="01:10:18.89" dur="00:00:00.76">Did I hear that correctly?</p>
    <p begin="01:10:19.65" dur="00:00:02.96">MR. SHIVELY: Yes, that is correct.</p>
    <p begin="01:10:22.61" dur="00:00:03.62">Seven to 10 would be the expected life.</p>
    <p begin="01:10:26.23" dur="00:00:05.63">And, you know, it certainly is an -- would be an<br/>easy change in the field as a replacement part.</p>
    <p begin="01:10:31.86" dur="00:00:03.35">COMMISSIONER MOHOROVIC: I know if my<br/>neighborhood is any indicator in terms</p>
    <p begin="01:10:35.21" dur="00:00:04.00">of the product service life of many of the<br/>generators used in the Glen Ellen area,</p>
    <p begin="01:10:39.21" dur="00:00:03.98">they do surpass 10 years,<br/>to the industry&apos;s credit.</p>
    <p begin="01:10:43.19" dur="00:00:04.74">But if the sensors are going to last seven to<br/>10 years and the generator is going to last more</p>
    <p begin="01:10:47.93" dur="00:00:03.35">than 10 years, either they have<br/>to start making worse products,</p>
    <p begin="01:10:51.28" dur="00:00:02.39">or you&apos;ve got to start making<br/>a better product if we&apos;re going</p>
    <p begin="01:10:53.67" dur="00:00:02.17">to rely on that to mitigate the hazard.</p>
    <p begin="01:10:55.84" dur="00:00:06.99">Do you have any thoughts in terms of what you<br/>might be able to do, given an expansive market,</p>
    <p begin="01:11:02.83" dur="00:00:04.73">if in fact this was a viable alternative<br/>to meet a mandatory performance standard,</p>
    <p begin="01:11:07.56" dur="00:00:07.01">and therefore it would -- it would be rational<br/>for you to make those kind of investments</p>
    <p begin="01:11:14.57" dur="00:00:03.46">in the technology to make them --<br/>to expand the product service life?</p>
    <p begin="01:11:18.03" dur="00:00:00.96">MR. SHIVELY: Right.</p>
    <p begin="01:11:18.99" dur="00:00:06.59">The electrochemical sensor, it<br/>actually has a liquid inside.</p>
    <p begin="01:11:25.58" dur="00:00:04.79">So as it&apos;s operating and<br/>after it has been installed,</p>
    <p begin="01:11:30.37" dur="00:00:05.88">what happens is that electrolyte<br/>starts to evaporate.</p>
    <p begin="01:11:36.25" dur="00:00:04.97">And when it evaporates to<br/>the point where it&apos;s gone,</p>
    <p begin="01:11:41.22" dur="00:00:05.86">then it will give you a signal<br/>saying that I&apos;m entering end of life.</p>
    <p begin="01:11:47.08" dur="00:00:03.32">And that&apos;s really the limitation<br/>of the sensor itself,</p>
    <p begin="01:11:50.40" dur="00:00:05.62">as opposed to how we are incorporating<br/>it into an overall detector.</p>
    <p begin="01:11:56.02" dur="00:00:02.69">So that&apos;s a limitation of the sensor itself.</p>
    <p begin="01:11:58.71" dur="00:00:02.16">COMMISSIONER MOHOROVIC: Okay,<br/>I&apos;ll allow Mr. Donnay.</p>
    <p begin="01:12:00.87" dur="00:00:01.81">Thank you, Mr. Shively.</p>
    <p begin="01:12:02.68" dur="00:00:00.69">MR. DONNAY: Thank you.</p>
    <p begin="01:12:03.37" dur="00:00:02.79">I think the answer you&apos;re looking for<br/>is maybe that these can be installed</p>
    <p begin="01:12:06.16" dur="00:00:04.41">in a failsafe manner, so whether someone<br/>tampers with them or they reach end</p>
    <p begin="01:12:10.57" dur="00:00:03.43">of life, they&apos;ll lock out the generator.</p>
    <p begin="01:12:14.00" dur="00:00:00.77">Problem solved.</p>
    <p begin="01:12:14.77" dur="00:00:02.21">I mean, they&apos;re going other see<br/>that their generator doesn&apos;t work,</p>
    <p begin="01:12:16.98" dur="00:00:02.65">they&apos;ll call the 800 number,<br/>they&apos;ll take it to a repair place</p>
    <p begin="01:12:19.63" dur="00:00:01.44">and they&apos;ll learn, oh, you need a new CO sensor.</p>
    <p begin="01:12:21.07" dur="00:00:01.59">COMMISSIONER MOHOROVIC: Okay.</p>
    <p begin="01:12:22.66" dur="00:00:00.63">Thank you very much.</p>
    <p begin="01:12:23.29" dur="00:00:01.11">That&apos;s all the questions I had.</p>
    <p begin="01:12:24.40" dur="00:00:01.39">CHAIR BUERKLE: Thank you very much.</p>
    <p begin="01:12:25.79" dur="00:00:02.59">We will begin now round two of our questions.</p>
    <p begin="01:12:28.38" dur="00:00:05.38">Mr. Donnay, when I talked about cold start<br/>and I addressed it as well as Mr. Johnson,</p>
    <p begin="01:12:33.76" dur="00:00:02.05">and on the panel this morning as well,</p>
    <p begin="01:12:35.81" dur="00:00:07.41">Mr. Johnson didn&apos;t take what you were saying<br/>seriously about the 10 percent and the amount --</p>
    <p begin="01:12:43.22" dur="00:00:05.57">with the cold start, the amount of CO emissions<br/>that can occur during that period of time,</p>
    <p begin="01:12:48.79" dur="00:00:02.79">either prior to 20 minutes or up to 60 minutes.</p>
    <p begin="01:12:51.58" dur="00:00:04.49">Do you want to comment on that<br/>or do you want to explain?</p>
    <p begin="01:12:56.07" dur="00:00:04.97">MR. DONNAY: I&apos;ll give you no cold<br/>start, pretend it didn&apos;t happen.</p>
    <p begin="01:13:01.04" dur="00:00:08.34">Just expose human beings to the emissions<br/>from the perfectly working modified generator.</p>
    <p begin="01:13:09.38" dur="00:00:08.19">If it&apos;s allowed to emit the same level of<br/>CO as the average of vehicles, cars, trucks,</p>
    <p begin="01:13:17.57" dur="00:00:03.32">motorcycles, it won&apos;t prevent any poisonings.</p>
    <p begin="01:13:20.89" dur="00:00:03.50">Because when cars, trucks and<br/>motorcycles are run in garages,</p>
    <p begin="01:13:24.39" dur="00:00:04.23">usually accidentally left on,<br/>the occupants of the home die.</p>
    <p begin="01:13:28.62" dur="00:00:03.37">They don&apos;t have to die in the<br/>garage, sitting in the car.</p>
    <p begin="01:13:31.99" dur="00:00:02.76">The CO is effectively transported<br/>through the house.</p>
    <p begin="01:13:34.75" dur="00:00:06.14">And to answer Commissioner Robinson&apos;s concern<br/>about that, if the CO sensor is working</p>
    <p begin="01:13:40.89" dur="00:00:03.61">on the machine, it may not be the<br/>first one in the room to go off.</p>
    <p begin="01:13:44.50" dur="00:00:05.45">But as the staff testing found, even when it<br/>was over 1,000 PPM in one corner of the room,</p>
    <p begin="01:13:49.95" dur="00:00:05.69">the unit on the generator still shut<br/>it off within the CPSC UL limits.</p>
    <p begin="01:13:55.64" dur="00:00:03.77">And if you lower those limits, the<br/>detector will respond appropriately.</p>
    <p begin="01:13:59.41" dur="00:00:02.76">There doesn&apos;t even have to<br/>be two minutes of poisoning.</p>
    <p begin="01:14:02.17" dur="00:00:04.02">And I don&apos;t understand why we would<br/>completely allow the cold start</p>
    <p begin="01:14:06.19" dur="00:00:02.50">when we can prevent any exposure at all.</p>
    <p begin="01:14:08.69" dur="00:00:02.27">CHAIR BUERKLE: Thank you very much.</p>
    <p begin="01:14:10.96" dur="00:00:05.47">Mr. Moses, I want to go back to the line of<br/>questioning from Commissioner Kaye with regard</p>
    <p begin="01:14:16.43" dur="00:00:07.04">to UL&apos;s and the development of their -- is<br/>it a standard or did you say it was a test?</p>
    <p begin="01:14:23.47" dur="00:00:04.77">MR. MOSES: My understanding was it was<br/>a standard that focused on testing.</p>
    <p begin="01:14:28.24" dur="00:00:01.08">CHAIR BUERKLE: On the testing.</p>
    <p begin="01:14:29.32" dur="00:00:03.12">So do you want to explain just a little bit<br/>-- MR. MOSES: I was getting ready to say,</p>
    <p begin="01:14:32.44" dur="00:00:04.50">I&apos;m probably not very qualified to<br/>get much deeper than that into that.</p>
    <p begin="01:14:36.94" dur="00:00:02.18">CHAIR BUERKLE: Okay, thank you.</p>
    <p begin="01:14:39.12" dur="00:00:06.84">Mr. Johnson, I just wanted to know,<br/>when you&apos;re talking about oxygen levels,</p>
    <p begin="01:14:45.96" dur="00:00:05.25">and this goes to your experience with<br/>carbon monoxide, carbon monoxide poisoning,</p>
    <p begin="01:14:51.21" dur="00:00:02.90">maybe you could speak to<br/>how a reduced oxygen level</p>
    <p begin="01:14:54.11" dur="00:00:06.52">or that environment would affect the consumer,<br/>say at 15 to 18 percent levels of oxygen?</p>
    <p begin="01:15:00.63" dur="00:00:03.93">MR. JOHNSON: Well, the issue is<br/>it&apos;s not the reduction in oxygen,</p>
    <p begin="01:15:04.56" dur="00:00:01.75">it&apos;s the increase in carbon monoxide.</p>
    <p begin="01:15:06.31" dur="00:00:04.96">Because of carbon monoxide&apos;s greatly<br/>enhanced capacity to bind to hemoglobin,</p>
    <p begin="01:15:11.27" dur="00:00:05.04">and then its much greater capacity<br/>for the cells to grab it off</p>
    <p begin="01:15:16.31" dur="00:00:03.41">of the blood as it goes through than oxygen.</p>
    <p begin="01:15:19.72" dur="00:00:05.92">Rarely do we have people asphyxiated because<br/>they don&apos;t have enough oxygen in the room.</p>
    <p begin="01:15:25.64" dur="00:00:01.19">They are breathing air in.</p>
    <p begin="01:15:26.83" dur="00:00:05.74">It&apos;s because the carbon monoxide takes the<br/>place of the oxygen when it reaches the cell.</p>
    <p begin="01:15:32.57" dur="00:00:02.77">With respect to some of the<br/>comments made by Mr. Donnay,</p>
    <p begin="01:15:35.34" dur="00:00:02.91">he says we would have no reduction in deaths.</p>
    <p begin="01:15:38.25" dur="00:00:05.71">Yet we&apos;ve had an 80 percent reduction of deaths<br/>with respect to automobiles and carbon monoxide.</p>
    <p begin="01:15:43.96" dur="00:00:03.46">At one point, he said there<br/>was a one third reduction</p>
    <p begin="01:15:47.42" dur="00:00:02.95">and then he said there was no<br/>reduction, so I don&apos;t understand.</p>
    <p begin="01:15:50.37" dur="00:00:05.98">He takes this attitude that one drop,<br/>so to speak, of carbon monoxide is going</p>
    <p begin="01:15:56.35" dur="00:00:02.86">to kill us and that&apos;s just not the case.</p>
    <p begin="01:15:59.21" dur="00:00:05.73">It is a gradient and while I wouldn&apos;t<br/>want to say that no harm could come</p>
    <p begin="01:16:04.94" dur="00:00:05.92">from a carboxyhemoglobin -- any<br/>measurable carboxyhemoglobin level,</p>
    <p begin="01:16:10.86" dur="00:00:07.93">the reality is that the greater the level,<br/>the greater the harm, up to it may start to --</p>
    <p begin="01:16:18.79" dur="00:00:04.10">you may start to have a convergence of<br/>problems when you get above 10 percent.</p>
    <p begin="01:16:22.89" dur="00:00:04.93">But there&apos;s a lot of evidence that would<br/>indicate that if the highest level never got</p>
    <p begin="01:16:27.82" dur="00:00:04.60">above 5 percent, that it would not likely<br/>have the kind of morbidity we see now.</p>
    <p begin="01:16:32.42" dur="00:00:02.54">And we are talking about a 90 percent reduction.</p>
    <p begin="01:16:34.96" dur="00:00:05.45">And that should translate to a 90 percent<br/>reduction of the carboxyhemoglobin levels.</p>
    <p begin="01:16:40.41" dur="00:00:01.01">CHAIR BUERKLE: Thank you.</p>
    <p begin="01:16:41.42" dur="00:00:01.43">Thank you very much for that answer.</p>
    <p begin="01:16:42.85" dur="00:00:04.03">I think probably one of the<br/>complications of that matter is</p>
    <p begin="01:16:46.88" dur="00:00:07.02">that as the carbon monoxide level rises, as<br/>you mentioned earlier, the cognitive abilities</p>
    <p begin="01:16:53.90" dur="00:00:03.34">and the awareness of the consumer is affected.</p>
    <p begin="01:16:57.24" dur="00:00:01.45">My time is almost up.</p>
    <p begin="01:16:58.69" dur="00:00:04.96">I just want to comment on one thing, and<br/>that is Commissioner Adler and the NIST data.</p>
    <p begin="01:17:03.65" dur="00:00:04.76">My only concern is the taxpayer<br/>has already paid for --</p>
    <p begin="01:17:08.41" dur="00:00:06.92">we paid NIST to do a study for us and so they&apos;ve<br/>done their fair share and we&apos;re not asking --</p>
    <p begin="01:17:15.33" dur="00:00:06.66">I think that NIST owes us the data, as<br/>well as anyone else who&apos;s FOIAed that.</p>
    <p begin="01:17:21.99" dur="00:00:07.80">COMMISSIONER ADLER: Yes, NIST has done the<br/>work for us, but they&apos;re asking for that work</p>
    <p begin="01:17:29.79" dur="00:00:02.50">and there is this thing called<br/>the Freedom of Information Act,</p>
    <p begin="01:17:32.29" dur="00:00:05.28">which also permits government that&apos;s developed<br/>information, when somebody makes a request,</p>
    <p begin="01:17:37.57" dur="00:00:03.50">and this must be thousands<br/>and thousands of pages,</p>
    <p begin="01:17:41.07" dur="00:00:02.47">that they get some degree of reimbursement.</p>
    <p begin="01:17:43.54" dur="00:00:03.49">That&apos;s specifically set forth in<br/>the Freedom of Information Act.</p>
    <p begin="01:17:47.03" dur="00:00:04.80">So I&apos;m not -- I&apos;m not exactly sure what the<br/>point is, other than maybe I&apos;ve heard a plea</p>
    <p begin="01:17:51.83" dur="00:00:04.56">that we abolish cost reimbursement<br/>for the Freedom of Information Act.</p>
    <p begin="01:17:56.39" dur="00:00:01.05">CHAIR BUERKLE: My time has expired.</p>
    <p begin="01:17:57.44" dur="00:00:00.78">COMMISSIONER ADLER: Okay.</p>
    <p begin="01:17:58.22" dur="00:00:01.08">CHAIR BUERKLE: Commissioner Adler.</p>
    <p begin="01:17:59.30" dur="00:00:01.89">COMMISSIONER ADLER: Thank you very much.</p>
    <p begin="01:18:01.19" dur="00:00:03.00">Mr. Santos, first of all,<br/>thank you for your testimony.</p>
    <p begin="01:18:04.19" dur="00:00:03.40">And I didn&apos;t want to leave you<br/>unaddressed with questions.</p>
    <p begin="01:18:07.59" dur="00:00:05.20">So I do notice that on page 4 of your<br/>testimony, you refer to the ingenuity</p>
    <p begin="01:18:12.79" dur="00:00:03.10">of engine manufacturers in<br/>developing new advanced design</p>
    <p begin="01:18:15.89" dur="00:00:03.87">for certain small spark-ignited<br/>engines to meet Phase III,</p>
    <p begin="01:18:19.76" dur="00:00:03.71">Tier III standards without the use of catalysts.</p>
    <p begin="01:18:23.47" dur="00:00:02.90">And I was wondering if you could<br/>explain what this technology is</p>
    <p begin="01:18:26.37" dur="00:00:04.14">and whether we&apos;re near to seeing it widespread.</p>
    <p begin="01:18:30.51" dur="00:00:06.20">MR. SANTOS: That reference is to in general.</p>
    <p begin="01:18:36.71" dur="00:00:05.89">So the standards that were set back when EPA<br/>and both ARB in California set their Tier III,</p>
    <p begin="01:18:42.60" dur="00:00:04.21">the tighter standards that are currently in<br/>place for small Class I and Class II handheld</p>
    <p begin="01:18:46.81" dur="00:00:05.56">and non-handheld engines, the expectation I<br/>think at the time was the standards could be met</p>
    <p begin="01:18:52.37" dur="00:00:03.55">through the use of catalyst technology<br/>and electronic fuel injection.</p>
    <p begin="01:18:55.92" dur="00:00:03.67">But it&apos;s turned out over time, in the 10<br/>years, that the standards that were set --</p>
    <p begin="01:18:59.59" dur="00:00:04.35">and we can debate whether or not we consider<br/>them to stringent enough, both for HC+NOx</p>
    <p begin="01:19:03.94" dur="00:00:04.67">and CO, and are being met by<br/>several manufacturers working</p>
    <p begin="01:19:08.61" dur="00:00:03.69">with engine manufacturers<br/>without the use of catalysts.</p>
    <p begin="01:19:12.30" dur="00:00:02.16">So my comment was to acknowledge<br/>that that has been the case.</p>
    <p begin="01:19:14.46" dur="00:00:04.59">Through engine calibration and without<br/>having to use emission control technology,</p>
    <p begin="01:19:19.05" dur="00:00:06.67">the standards themselves weren&apos;t forcing<br/>enough to require the use of catalysts.</p>
    <p begin="01:19:25.72" dur="00:00:03.00">So a lot of test work was done to support that,</p>
    <p begin="01:19:28.72" dur="00:00:03.44">to say that you could meet these<br/>lower through the use of catalysts.</p>
    <p begin="01:19:32.16" dur="00:00:02.86">But in the end, the standards that<br/>were set and through the ingenuity</p>
    <p begin="01:19:35.02" dur="00:00:01.69">of the engine manufacturers working</p>
    <p begin="01:19:36.71" dur="00:00:02.30">with the generator manufacturers,<br/>were able to meet these.</p>
    <p begin="01:19:39.01" dur="00:00:03.27">COMMISSIONER ADLER: And I think what you&apos;ve<br/>just done is to underscore the wisdom,</p>
    <p begin="01:19:42.28" dur="00:00:03.80">not to say the necessity, of doing<br/>it as a performance standard.</p>
    <p begin="01:19:46.08" dur="00:00:03.76">So we&apos;re not saying you must use EFI<br/>and you must use catalytic converters.</p>
    <p begin="01:19:49.84" dur="00:00:03.91">Just, you must get your levels<br/>below a certain amount.</p>
    <p begin="01:19:53.75" dur="00:00:05.65">So I guess another fair question for an<br/>emission control group is what do you think</p>
    <p begin="01:19:59.40" dur="00:00:03.94">about the shutoff approach<br/>that PGMA is suggesting?</p>
    <p begin="01:20:03.34" dur="00:00:02.12">Do you have any reservations<br/>or any approval of it?</p>
    <p begin="01:20:05.46" dur="00:00:03.38">MR. SANTOS: Yeah, in listening to the<br/>conversation this morning and today,</p>
    <p begin="01:20:08.84" dur="00:00:01.62">I was thinking about that<br/>and whether that would be --</p>
    <p begin="01:20:10.46" dur="00:00:06.12">I mean, we came here today as MECA<br/>to support CPSC and specifically</p>
    <p begin="01:20:16.58" dur="00:00:06.06">that the conclusions they came to within their<br/>NPR, that these CO standards could be met</p>
    <p begin="01:20:22.64" dur="00:00:04.57">through the use of readily available<br/>technology, that we agree with that.</p>
    <p begin="01:20:27.21" dur="00:00:03.35">Actually, personally, we have not talked<br/>within MECA, within our member companies,</p>
    <p begin="01:20:30.56" dur="00:00:04.90">with our staff, how we directly feel about the<br/>option that&apos;s being discussed about shutoff</p>
    <p begin="01:20:35.46" dur="00:00:03.16">and whether one or the other or both.</p>
    <p begin="01:20:38.62" dur="00:00:02.99">Except to say that the technology<br/>is available to meet the standards</p>
    <p begin="01:20:41.61" dur="00:00:01.29">that are currently being proposed.</p>
    <p begin="01:20:42.90" dur="00:00:01.47">COMMISSIONER ADLER: I will hazard a guess</p>
    <p begin="01:20:44.37" dur="00:00:02.49">that that conversation probably will<br/>take place after today&apos;s hearing.</p>
    <p begin="01:20:46.86" dur="00:00:02.92">MR. SANTOS: Well, given the fact that you&apos;ve<br/>requested it -- COMMISSIONER ADLER: Yeah.</p>
    <p begin="01:20:49.78" dur="00:00:04.56">And I guess one of the questions I have is<br/>you talked about EPA standards and you talk</p>
    <p begin="01:20:54.34" dur="00:00:03.49">about CPSC standards and we have<br/>been told you can&apos;t meet both,</p>
    <p begin="01:20:57.83" dur="00:00:02.52">that they would directly contradict.</p>
    <p begin="01:21:00.35" dur="00:00:05.38">Do you have any view as to whether it&apos;s possible<br/>to meet the EPA standard and to meet the,</p>
    <p begin="01:21:05.73" dur="00:00:02.07">if it goes into effect, the<br/>proposed CPSC standard?</p>
    <p begin="01:21:07.80" dur="00:00:03.07">MR. SANTOS: Well, the EPA<br/>standards are currently being --</p>
    <p begin="01:21:10.87" dur="00:00:02.81">well, the standards have been in<br/>effect for a while and the engines</p>
    <p begin="01:21:13.68" dur="00:00:03.05">that are being certified are currently<br/>meeting the HC+NOx and CO standards.</p>
    <p begin="01:21:16.73" dur="00:00:09.04">And so what CPSC is proposing with this<br/>in-use, operating level, we are just echoing</p>
    <p begin="01:21:25.77" dur="00:00:04.99">that it could be met similarly with the<br/>same technologies that were being tested</p>
    <p begin="01:21:30.76" dur="00:00:03.68">and demonstrated to meet the<br/>Tier III, Phase III standards.</p>
    <p begin="01:21:34.44" dur="00:00:03.05">I don&apos;t really necessarily see<br/>a conflict there in terms of --</p>
    <p begin="01:21:37.49" dur="00:00:02.73">I mean, I&apos;m not going to get into the legality<br/>-- COMMISSIONER ADLER: No, not the legality,</p>
    <p begin="01:21:40.22" dur="00:00:01.63">I was talking the technical feasibility.</p>
    <p begin="01:21:41.85" dur="00:00:00.69">MR. SANTOS: -- as well.</p>
    <p begin="01:21:42.54" dur="00:00:04.43">But from the technical feasibility point,<br/>we are here to support the fact that,</p>
    <p begin="01:21:46.97" dur="00:00:04.30">both very specifically in the work that was<br/>done by CPSC, the work that was done at the ARB</p>
    <p begin="01:21:51.27" dur="00:00:03.63">and EPA as well as Southwest Regions<br/>Institute, that I cited, as well as the work</p>
    <p begin="01:21:54.90" dur="00:00:04.23">that has been done within our member<br/>companies specifically, and in general,</p>
    <p begin="01:21:59.13" dur="00:00:03.18">which we&apos;ve referred to by others as<br/>well about the work that&apos;s been done</p>
    <p begin="01:22:02.31" dur="00:00:04.56">with catalyst technology, not just with portable<br/>generators, but the latest and greatest,</p>
    <p begin="01:22:06.87" dur="00:00:04.78">state of the art is currently on passenger<br/>cars and certified out in California.</p>
    <p begin="01:22:11.65" dur="00:00:03.39">Issues we&apos;ve talked about, with lightoff.</p>
    <p begin="01:22:15.04" dur="00:00:04.36">Which, by the way, there&apos;s some<br/>confusion about the time frames.</p>
    <p begin="01:22:19.40" dur="00:00:01.53">I mean, lightoff is an issue.</p>
    <p begin="01:22:20.93" dur="00:00:00.70">It&apos;s being addressed.</p>
    <p begin="01:22:21.63" dur="00:00:04.54">And also to address the Generac<br/>comments about catalysts,</p>
    <p begin="01:22:26.17" dur="00:00:03.88">no one within MECA would not acknowledge<br/>that there are concerns with the use</p>
    <p begin="01:22:30.05" dur="00:00:01.87">of catalyst technology on spark-ignited engines.</p>
    <p begin="01:22:31.92" dur="00:00:05.53">The point that is being made in a general<br/>sense is whether it&apos;s packaging, durability,</p>
    <p begin="01:22:37.45" dur="00:00:05.25">poisoning, they&apos;re all being met and<br/>have been met and proven to be met</p>
    <p begin="01:22:42.70" dur="00:00:03.37">through these demonstration programs, as<br/>well as what&apos;s currently in the market today,</p>
    <p begin="01:22:46.07" dur="00:00:04.82">for these other sources and sectors, whether<br/>it&apos;s light duty, heavy duty, spark --</p>
    <p begin="01:22:50.89" dur="00:00:04.78">forklifts, weed whackers and lawn mowers.</p>
    <p begin="01:22:55.67" dur="00:00:04.29">And that is sort of where we come from<br/>to make the point within our testimony</p>
    <p begin="01:22:59.96" dur="00:00:05.02">that the technology is available to -- to<br/>address and meet the CO proposed standards.</p>
    <p begin="01:23:04.98" dur="00:00:02.51">COMMISSIONER ADLER: Thank you for<br/>talking so fast, and I&apos;ve been trying</p>
    <p begin="01:23:07.49" dur="00:00:01.80">to listen fast, but my time has expired.</p>
    <p begin="01:23:09.29" dur="00:00:00.18">(Laughter.)</p>
    <p begin="01:23:09.47" dur="00:00:01.08">COMMISSIONER ADLER: Thank you.</p>
    <p begin="01:23:10.55" dur="00:00:00.71">CHAIR BUERKLE: Thank you.</p>
    <p begin="01:23:11.26" dur="00:00:01.16">Commissioner Robinson.</p>
    <p begin="01:23:12.42" dur="00:00:02.43">COMMISSIONER ROBINSON: Thank you.</p>
    <p begin="01:23:14.85" dur="00:00:03.95">I confess that as I&apos;ve circled this<br/>issue for a really long time now,</p>
    <p begin="01:23:18.80" dur="00:00:05.53">that I am getting the lights up constantly on<br/>how people actually use portable generators,</p>
    <p begin="01:23:24.33" dur="00:00:01.68">as somebody who has never used one.</p>
    <p begin="01:23:26.01" dur="00:00:05.16">And Mr. Johnson, you have represented<br/>a number of clients who have suffered</p>
    <p begin="01:23:31.17" dur="00:00:03.34">from carbon monoxide poisonings<br/>with various uses,</p>
    <p begin="01:23:34.51" dur="00:00:03.49">and I wonder if you could just discuss<br/>some of the different circumstances</p>
    <p begin="01:23:38.00" dur="00:00:03.00">in which people suffer from<br/>carbon monoxide poisoning.</p>
    <p begin="01:23:41.00" dur="00:00:04.93">MR. JOHNSON: Well, in addition to what&apos;s<br/>been documented with respect to generators,</p>
    <p begin="01:23:45.93" dur="00:00:07.12">probably the other largest segment of it<br/>is some type of malfunctioning HVAC system.</p>
    <p begin="01:23:53.05" dur="00:00:07.33">The school cases, one was an<br/>improper obstruction of the intake air</p>
    <p begin="01:24:00.38" dur="00:00:02.70">for a boiler that was heating the building.</p>
    <p begin="01:24:03.08" dur="00:00:05.48">Another one was a hot water heater<br/>that the pipe had rusted through.</p>
    <p begin="01:24:08.56" dur="00:00:07.60">The hotel was inability to get enough fresh<br/>air for the furnaces when they were running.</p>
    <p begin="01:24:16.16" dur="00:00:02.27">You know, bank building, similar type problem.</p>
    <p begin="01:24:18.43" dur="00:00:06.37">So it&apos;s usually in a building, in a static<br/>type building, HVAC, it has something to do</p>
    <p begin="01:24:24.80" dur="00:00:03.73">with the absence of enough oxygen to make sure</p>
    <p begin="01:24:28.53" dur="00:00:02.64">that the exhaust flows properly<br/>through the system.</p>
    <p begin="01:24:31.17" dur="00:00:03.75">COMMISSIONER ROBINSON: So you talked<br/>about this wedding that you had a number</p>
    <p begin="01:24:34.92" dur="00:00:01.75">of people who were poisoned at it.</p>
    <p begin="01:24:36.67" dur="00:00:02.25">Were these portable generators<br/>that were being used there?</p>
    <p begin="01:24:38.92" dur="00:00:06.82">MR. JOHNSON: Yeah, they were four, you know,<br/>three-kilowatt, brought into a wedding.</p>
    <p begin="01:24:45.74" dur="00:00:06.75">The band apparently needed higher capacity<br/>electrical demands for their amplifiers</p>
    <p begin="01:24:52.49" dur="00:00:04.08">than what the building was willing or<br/>able to provide them, and they went out</p>
    <p begin="01:24:56.57" dur="00:00:02.38">and rented four generators, took them inside.</p>
    <p begin="01:24:58.95" dur="00:00:07.47">Now, one of the most important parts of that<br/>story is that the warnings are in English</p>
    <p begin="01:25:06.42" dur="00:00:04.66">and none of the people involved in<br/>that poisoning spoke very good English.</p>
    <p begin="01:25:11.08" dur="00:00:06.29">And even though there&apos;s pictures, I don&apos;t think<br/>the pictures work very well without language.</p>
    <p begin="01:25:17.37" dur="00:00:03.79">And if we&apos;re going to have warnings that<br/>don&apos;t warn in all the languages we know</p>
    <p begin="01:25:21.16" dur="00:00:05.31">that our people speak, and especially the kind<br/>of people who are more likely to have that need</p>
    <p begin="01:25:26.47" dur="00:00:03.45">in an emergency situation, the warnings<br/>aren&apos;t going to be very effective.</p>
    <p begin="01:25:29.92" dur="00:00:02.25">COMMISSIONER ROBINSON: And<br/>were these rented generators?</p>
    <p begin="01:25:32.17" dur="00:00:00.70">MR. JOHNSON: Yes.</p>
    <p begin="01:25:32.87" dur="00:00:00.53">They were rented.</p>
    <p begin="01:25:33.40" dur="00:00:04.87">COMMISSIONER ROBINSON: Do you have an opinion<br/>about, you know, candidly, up until very,</p>
    <p begin="01:25:38.27" dur="00:00:04.15">very recently, all I have<br/>been hearing from many members</p>
    <p begin="01:25:42.42" dur="00:00:03.01">of industry is that warnings are sufficient.</p>
    <p begin="01:25:45.43" dur="00:00:02.70">And I just wonder if you have an opinion<br/>as to whether they are sufficient?</p>
    <p begin="01:25:48.13" dur="00:00:04.84">MR. JOHNSON: On the hierarchy of safety,<br/>warnings should always be the last option.</p>
    <p begin="01:25:52.97" dur="00:00:06.07">You should either eliminate the hazard, guard<br/>against it, which I think we have two options,</p>
    <p begin="01:25:59.04" dur="00:00:04.82">A, with lowering the emissions, eliminate,<br/>warn against it would be the shutoff.</p>
    <p begin="01:26:03.86" dur="00:00:03.93">And the warning is the worst of that options.</p>
    <p begin="01:26:07.79" dur="00:00:04.76">If you can&apos;t eliminate and you can&apos;t<br/>guard against it, then you warn.</p>
    <p begin="01:26:12.55" dur="00:00:02.74">We can do both of those other things.</p>
    <p begin="01:26:15.29" dur="00:00:03.83">We should not rely on warnings, especially<br/>warnings that are only in English.</p>
    <p begin="01:26:19.12" dur="00:00:03.23">And when you&apos;re talking about the rental<br/>situation, you&apos;re talking about people</p>
    <p begin="01:26:22.35" dur="00:00:03.14">who have probably never used a generator before.</p>
    <p begin="01:26:25.49" dur="00:00:03.15">And we don&apos;t talk as much about carbon<br/>monoxide as we did when I was a kid,</p>
    <p begin="01:26:28.64" dur="00:00:04.82">when we had all these EPA requirements and we<br/>had smog and all of these things in our cities.</p>
    <p begin="01:26:33.46" dur="00:00:02.40">I&apos;m not sure that the 20-year-olds</p>
    <p begin="01:26:35.86" dur="00:00:04.96">or the 30-year-olds even understand what<br/>carbon monoxide is, because it&apos;s not part</p>
    <p begin="01:26:40.82" dur="00:00:01.73">of our public conversation like it used to be.</p>
    <p begin="01:26:42.55" dur="00:00:03.62">COMMISSIONER ROBINSON: And have you ever seen<br/>any warning settlement really communicate the</p>
    <p begin="01:26:46.17" dur="00:00:03.58">incredible danger of portable<br/>generators in terms of carbon monoxide?</p>
    <p begin="01:26:49.75" dur="00:00:03.51">I mean, I was shocked, and whenever<br/>I&apos;ve spoken with people anecdotally</p>
    <p begin="01:26:53.26" dur="00:00:04.81">and said how many hundreds of times the<br/>carbon monoxide that a portable generator puts</p>
    <p begin="01:26:58.07" dur="00:00:05.16">out compares with what an idling automobile<br/>puts out, I&apos;m always met with shock.</p>
    <p begin="01:27:03.23" dur="00:00:02.27">But I just wonder if you&apos;ve ever seen a warning</p>
    <p begin="01:27:05.50" dur="00:00:02.44">that actually tells people how<br/>incredibly dangerous these are.</p>
    <p begin="01:27:07.94" dur="00:00:04.18">MR. JOHNSON: Well, if I followed my father<br/>into engineering, these types of generators,</p>
    <p begin="01:27:12.12" dur="00:00:05.55">which is what he did for his career, I wouldn&apos;t<br/>be very happy knowing that little picture</p>
    <p begin="01:27:17.67" dur="00:00:04.15">on the side of the generator was the only<br/>protection that I was going to have --</p>
    <p begin="01:27:21.82" dur="00:00:04.48">my product was going to have from<br/>this kind of mortality and morbidity.</p>
    <p begin="01:27:26.30" dur="00:00:03.20">COMMISSIONER ROBINSON: And my last question<br/>for you is, could you tell us the range</p>
    <p begin="01:27:29.50" dur="00:00:03.77">of long-term effects that you&apos;ve<br/>seen from carbon monoxide poisoning</p>
    <p begin="01:27:33.27" dur="00:00:01.74">where there isn&apos;t severe brain injury?</p>
    <p begin="01:27:35.01" dur="00:00:02.74">MR. JOHNSON: Well, define severe brain injury?</p>
    <p begin="01:27:37.75" dur="00:00:03.03">If you&apos;re going to talk about severe brain<br/>injury and the kind of thing that puts a person</p>
    <p begin="01:27:40.78" dur="00:00:02.21">in a coma, which is typically -- COMMISSIONER<br/>ROBINSON: I think that&apos;s a good point.</p>
    <p begin="01:27:42.99" dur="00:00:05.28">MR. JOHNSON: Most carbon monoxide people,<br/>those who survive, are awake within hours,</p>
    <p begin="01:27:48.27" dur="00:00:01.89">if not by the time they&apos;re evacuated.</p>
    <p begin="01:27:50.16" dur="00:00:05.87">So it falls into what might be considered a<br/>mild to moderate category for brain injury.</p>
    <p begin="01:27:56.03" dur="00:00:04.33">But the disability, especially when<br/>you&apos;re talking about mood and behavior,</p>
    <p begin="01:28:00.36" dur="00:00:03.18">is perhaps more severe than<br/>with traumatic brain injury.</p>
    <p begin="01:28:03.54" dur="00:00:03.13">I think it has a more systemic wide system.</p>
    <p begin="01:28:06.67" dur="00:00:04.06">It seems to impact more things than a<br/>specific traumatic brain injury might.</p>
    <p begin="01:28:10.73" dur="00:00:05.92">And because it affects so many<br/>things and also affecting the organs,</p>
    <p begin="01:28:16.65" dur="00:00:05.74">I think it has an overall greater<br/>cumulative disability than even what we see</p>
    <p begin="01:28:22.39" dur="00:00:06.11">in fairly toward the moderate side<br/>of the mild brain injury spectrum.</p>
    <p begin="01:28:28.50" dur="00:00:01.21">COMMISSIONER ROBINSON: Thank you.</p>
    <p begin="01:28:29.71" dur="00:00:00.84">CHAIR BUERKLE: Thank you.</p>
    <p begin="01:28:30.55" dur="00:00:00.60">Commissioner Kaye.</p>
    <p begin="01:28:31.15" dur="00:00:01.12">COMMISSIONER KAYE: Thank you, Madam Chair.</p>
    <p begin="01:28:32.27" dur="00:00:03.98">Mr. Johnson, Jr., I appreciated<br/>earlier during your testimony,</p>
    <p begin="01:28:36.25" dur="00:00:03.65">I appreciated very much your mention of chronic<br/>exposure, and I thought it was a great analogy</p>
    <p begin="01:28:39.90" dur="00:00:03.75">to the subconcussive hits<br/>that are going on in sports.</p>
    <p begin="01:28:43.65" dur="00:00:05.92">I don&apos;t think that we have a mechanism, from<br/>my perspective, to properly capture those type</p>
    <p begin="01:28:49.57" dur="00:00:02.94">of incidents, because that&apos;s not<br/>likely getting reported, for instance,</p>
    <p begin="01:28:52.51" dur="00:00:03.04">through an emergency department<br/>or even a physician&apos;s office.</p>
    <p begin="01:28:55.55" dur="00:00:03.57">And so whatever data you have related<br/>to that, I would just request, please,</p>
    <p begin="01:28:59.12" dur="00:00:03.05">that you submit that as part<br/>of this open rulemaking.</p>
    <p begin="01:29:02.17" dur="00:00:03.59">MR. JOHNSON: The issue of chronic<br/>has not been studied nearly as much</p>
    <p begin="01:29:05.76" dur="00:00:02.50">as those who have been hospitalized.</p>
    <p begin="01:29:08.26" dur="00:00:04.59">And in most cases, the chronic<br/>people don&apos;t realize what&apos;s happening</p>
    <p begin="01:29:12.85" dur="00:00:03.14">when their blood levels are actually positive.</p>
    <p begin="01:29:15.99" dur="00:00:02.73">So it&apos;s much more difficult to categorize.</p>
    <p begin="01:29:18.72" dur="00:00:03.96">But the studies that have been done have<br/>actually shown worse results from those</p>
    <p begin="01:29:22.68" dur="00:00:04.49">with chronic exposures than those<br/>with more severe, acute ones.</p>
    <p begin="01:29:27.17" dur="00:00:03.50">And I think the reason is the multiple<br/>concussion phenomenon that&apos;s going on.</p>
    <p begin="01:29:30.67" dur="00:00:04.93">We&apos;re not sure of the bio mechanism, because we<br/>don&apos;t have autopsies of a large group of people</p>
    <p begin="01:29:35.60" dur="00:00:04.02">like they do with the NFL, but I suspect<br/>there may be something similar going on.</p>
    <p begin="01:29:39.62" dur="00:00:01.86">COMMISSIONER KAYE: And I<br/>think from our perspective</p>
    <p begin="01:29:41.48" dur="00:00:04.48">of having a more refined cost/benefit<br/>analysis, that would be very important data.</p>
    <p begin="01:29:45.96" dur="00:00:04.90">Mr. Shively, can you explain to me<br/>please, or us, help us understand,</p>
    <p begin="01:29:50.86" dur="00:00:03.07">how do you set the shutoff threshold?</p>
    <p begin="01:29:53.93" dur="00:00:03.36">What&apos;s the trigger for your detector?</p>
    <p begin="01:29:57.29" dur="00:00:02.10">What is that based on?</p>
    <p begin="01:29:59.39" dur="00:00:04.62">MR. SHIVELY: Well, it&apos;s based<br/>on 10 percent COHb.</p>
    <p begin="01:30:04.01" dur="00:00:12.53">So in the UL 2034 standard, your alarm<br/>must activate, depending on the PPM level</p>
    <p begin="01:30:16.54" dur="00:00:06.58">that you&apos;re seeing in the area, it has<br/>to alarm within a given time frame.</p>
    <p begin="01:30:23.12" dur="00:00:02.98">And so every unit is tested to that.</p>
    <p begin="01:30:26.10" dur="00:00:07.88">You actually subject it to CO and verify<br/>that it does alarm at those various points.</p>
    <p begin="01:30:33.98" dur="00:00:00.46">COMMISSIONER KAYE: Got it.</p>
    <p begin="01:30:34.44" dur="00:00:03.54">And Mr. Donnay, are you comfortable with<br/>that threshold from what you&apos;ve heard?</p>
    <p begin="01:30:37.98" dur="00:00:01.17">MR. DONNAY: Absolutely not.</p>
    <p begin="01:30:39.15" dur="00:00:00.69">COMMISSIONER KAYE: Okay.</p>
    <p begin="01:30:39.84" dur="00:00:03.41">MR. DONNAY: UL 2034 standard says<br/>very clearly in every manual,</p>
    <p begin="01:30:43.25" dur="00:00:02.23">do not put this detector in a room -- sorry.</p>
    <p begin="01:30:45.48" dur="00:00:06.02">The UL 2034 standard says, don&apos;t put<br/>these detectors in garages, furnace rooms</p>
    <p begin="01:30:51.50" dur="00:00:02.20">and kitchens where the source is located.</p>
    <p begin="01:30:53.70" dur="00:00:02.66">They&apos;re not designed to respond to that.</p>
    <p begin="01:30:56.36" dur="00:00:06.73">And the specs for all other CO controllers<br/>in commercial parking garages and cars,</p>
    <p begin="01:31:03.09" dur="00:00:03.43">they instantly trip when<br/>their level is exceeded,</p>
    <p begin="01:31:06.52" dur="00:00:03.38">they don&apos;t wait until you&apos;re<br/>poisoned up to the level of danger.</p>
    <p begin="01:31:09.90" dur="00:00:05.32">CO poisoning begins the moment you start<br/>to inhale CO and absorb it in your tissues.</p>
    <p begin="01:31:15.22" dur="00:00:03.61">I don&apos;t say that that will kill<br/>you, I say that poisons you.</p>
    <p begin="01:31:18.83" dur="00:00:02.56">And I urge you to prevent that,<br/>because it&apos;s easily preventable.</p>
    <p begin="01:31:21.39" dur="00:00:02.81">COMMISSIONER KAYE: So do you have a<br/>suggestion, or do you plan to participate</p>
    <p begin="01:31:24.20" dur="00:00:04.39">in the PGMA process to help them<br/>come up with the right threshold?</p>
    <p begin="01:31:28.59" dur="00:00:00.67">MR. DONNAY: Well, thank you.</p>
    <p begin="01:31:29.26" dur="00:00:08.91">I proposed 35 PPM in 2006 to the Commission in<br/>the comments on the ANPR and I was correctly,</p>
    <p begin="01:31:38.17" dur="00:00:02.54">I think, told that that would be too low.</p>
    <p begin="01:31:40.71" dur="00:00:02.99">I didn&apos;t know about the vehicle<br/>detectors at the time</p>
    <p begin="01:31:43.70" dur="00:00:02.97">and I was citing the standards<br/>for commercial parking garages.</p>
    <p begin="01:31:46.67" dur="00:00:04.90">I thought humans should be protected at<br/>least as well as we protect parked cars.</p>
    <p begin="01:31:51.57" dur="00:00:06.28">I&apos;m willing to go up to 200, which is the NIOSH<br/>immediate evacuation limit for any workplace.</p>
    <p begin="01:31:57.85" dur="00:00:04.38">I&apos;m not willing to go to the<br/>CPSC 400, the UL alarm standard.</p>
    <p begin="01:32:02.23" dur="00:00:01.73">I believe that&apos;s too high.</p>
    <p begin="01:32:03.96" dur="00:00:03.64">It doesn&apos;t deserve to wait 4<br/>to 15 minutes at that level.</p>
    <p begin="01:32:07.60" dur="00:00:03.53">If you were in a workplace, you would<br/>be notified and evacuated immediately.</p>
    <p begin="01:32:11.13" dur="00:00:02.89">COMMISSIONER KAYE: So if the<br/>cold start concern is legitimate,</p>
    <p begin="01:32:14.02" dur="00:00:04.56">and I&apos;m not at this point conceding that<br/>it is, or at least the extent of it,</p>
    <p begin="01:32:18.58" dur="00:00:06.25">and to Mr. Moses&apos;s point, machines<br/>have to run rich during cold start,</p>
    <p begin="01:32:24.83" dur="00:00:06.24">from a performance perspective, what -- how much<br/>poisoning, in essence, will go on to somebody</p>
    <p begin="01:32:31.07" dur="00:00:05.71">who is exposed to that unit until the threshold<br/>is triggered and that shutoff kicks in?</p>
    <p begin="01:32:36.78" dur="00:00:03.01">MR. DONNAY: I urge you all to<br/>think of this very simple analogy,</p>
    <p begin="01:32:39.79" dur="00:00:02.79">which fortunately is well established.</p>
    <p begin="01:32:42.58" dur="00:00:08.04">Every breath you take in a CO environment,<br/>approximately half of that CO will enter</p>
    <p begin="01:32:50.62" dur="00:00:03.24">and stay in your body and half will be exhaled.</p>
    <p begin="01:32:53.86" dur="00:00:01.68">So the time is very critical.</p>
    <p begin="01:32:55.54" dur="00:00:05.45">The longer you&apos;re exposed, every single<br/>breath is adding CO to your blood</p>
    <p begin="01:33:00.99" dur="00:00:02.95">and until you reach equilibrium,<br/>it doesn&apos;t stay in your blood,</p>
    <p begin="01:33:03.94" dur="00:00:02.02">it goes right through into your tissues.</p>
    <p begin="01:33:05.96" dur="00:00:04.76">And all together, the tissues and blood<br/>rise until they reach the level in the air.</p>
    <p begin="01:33:10.72" dur="00:00:05.66">If it&apos;s 1,000 PPM or 10,000 PPM in the air,<br/>you will reach that equilibrium in a few hours.</p>
    <p begin="01:33:16.38" dur="00:00:05.03">But if it&apos;s lower, what the CPSC is<br/>proposing, if we are down to hundreds of PPM,</p>
    <p begin="01:33:21.41" dur="00:00:03.62">it will take much, much longer<br/>and the total exposure time</p>
    <p begin="01:33:25.03" dur="00:00:02.51">and the total absorbed dose<br/>may actually be greater.</p>
    <p begin="01:33:27.54" dur="00:00:03.13">COMMISSIONER KAYE: And my last question<br/>during this round is, what was the basis</p>
    <p begin="01:33:30.67" dur="00:00:07.64">of your assertion, please, that CPSC staff was<br/>unaware of the unit that you said is cheaper</p>
    <p begin="01:33:38.31" dur="00:00:02.13">than $5 and smaller than a thumb?</p>
    <p begin="01:33:40.44" dur="00:00:02.98">MR. DONNAY: I had extensive discussions<br/>with Chris Brown over the years,</p>
    <p begin="01:33:43.42" dur="00:00:04.42">who did the staff report and who<br/>was trying to get it released.</p>
    <p begin="01:33:47.84" dur="00:00:03.63">And he told me that when they developed<br/>the project, their sole focus was</p>
    <p begin="01:33:51.47" dur="00:00:04.73">to use what they had in the lab, which was 2034<br/>alarms on the shelf, and it just never occurred</p>
    <p begin="01:33:56.20" dur="00:00:02.39">to them to go look for a commercial device.</p>
    <p begin="01:33:58.59" dur="00:00:02.12">They just weren&apos;t aware that they exist.</p>
    <p begin="01:34:00.71" dur="00:00:02.75">And I myself wasn&apos;t aware<br/>of them in automobiles,</p>
    <p begin="01:34:03.46" dur="00:00:02.70">even though they&apos;ve been there since 2000.</p>
    <p begin="01:34:06.16" dur="00:00:03.11">But now that we know, I don&apos;t<br/>think we should ignore them.</p>
    <p begin="01:34:09.27" dur="00:00:03.82">There has never been a recall or failure of<br/>these devices in automobiles that I know of,</p>
    <p begin="01:34:13.09" dur="00:00:05.01">and I&apos;ve checked with auto parts suppliers<br/>and say, do you ever sell this part to anyone?</p>
    <p begin="01:34:18.10" dur="00:00:00.98">No, it doesn&apos;t fail.</p>
    <p begin="01:34:19.08" dur="00:00:01.42">COMMISSIONER KAYE: Okay, thank you.</p>
    <p begin="01:34:20.50" dur="00:00:00.97">I hope to have further rounds.</p>
    <p begin="01:34:21.47" dur="00:00:01.31">Thanks. CHAIR BUERKLE: Thank you.</p>
    <p begin="01:34:22.78" dur="00:00:00.74">Commissioner Mohorovic.</p>
    <p begin="01:34:23.52" dur="00:00:02.37">COMMISSIONER MOHOROVIC: Thank<br/>you, Madam Chairman.</p>
    <p begin="01:34:25.89" dur="00:00:01.48">And I appreciate the discussion.</p>
    <p begin="01:34:27.37" dur="00:00:04.93">I just wanted to -- I don&apos;t have any<br/>questions myself, but with five panelists</p>
    <p begin="01:34:32.30" dur="00:00:05.24">and one minute each, I wanted to maybe move from<br/>my left to my right in case there was any part</p>
    <p begin="01:34:37.54" dur="00:00:04.76">of the discussion or a dialogue,<br/>Q&amp;A that was taking place</p>
    <p begin="01:34:42.30" dur="00:00:04.00">but you felt you weren&apos;t fortunate<br/>enough to be asked to engage in it.</p>
    <p begin="01:34:46.30" dur="00:00:03.47">So, Mr. Moses, is there anything<br/>else at this point you&apos;d like to add?</p>
    <p begin="01:34:49.77" dur="00:00:03.58">Not that this might be your last<br/>opportunity, but I&apos;m willing to donate it?</p>
    <p begin="01:34:53.35" dur="00:00:00.72">MR. MOSES: Sure.</p>
    <p begin="01:34:54.07" dur="00:00:03.84">No, I think -- I think, based<br/>on the comments in my testimony,</p>
    <p begin="01:34:57.91" dur="00:00:03.08">as well as the follow-up questions,<br/>I&apos;ve felt like I&apos;ve said what I can say.</p>
    <p begin="01:35:00.99" dur="00:00:01.17">COMMISSIONER MOHOROVIC: Mr. Johnson.</p>
    <p begin="01:35:02.16" dur="00:00:03.41">MR. JOHNSON: Yeah, with respect to --<br/>COMMISSIONER MOHOROVIC: Your mic, please.</p>
    <p begin="01:35:05.57" dur="00:00:04.10">MR. JOHNSON: With respect to Commissioner<br/>Kaye&apos;s question about the levels,</p>
    <p begin="01:35:09.67" dur="00:00:05.20">the WHO has a pretty comprehensive<br/>paper on this.</p>
    <p begin="01:35:14.87" dur="00:00:02.09">I don&apos;t know if it&apos;s in your materials or not.</p>
    <p begin="01:35:16.96" dur="00:00:01.36">I can submit it.</p>
    <p begin="01:35:18.32" dur="00:00:07.49">On page 87 of 484, they do have indoor<br/>guidelines, which is 100 parts per million</p>
    <p begin="01:35:25.81" dur="00:00:05.48">for 15 minutes, 35 for an hour,<br/>10 for 8 hours and 24 for seven.</p>
    <p begin="01:35:31.29" dur="00:00:06.03">I don&apos;t want anything in my testimony to<br/>indicate that I disagree with Mr. Donnay</p>
    <p begin="01:35:37.32" dur="00:00:03.44">about the severity of carbon monoxide poisoning.</p>
    <p begin="01:35:40.76" dur="00:00:07.91">It&apos;s just to use the fact that some<br/>poisoning could occur as a justification not</p>
    <p begin="01:35:48.67" dur="00:00:03.78">to reduce the potential by 90<br/>percent I think is inappropriate.</p>
    <p begin="01:35:52.45" dur="00:00:03.82">COMMISSIONER MOHOROVIC: Mr. Johnson, I&apos;ll yield<br/>to my colleague, Commissioner Kaye, to engage.</p>
    <p begin="01:35:56.27" dur="00:00:01.65">COMMISSIONER KAYE: Thank<br/>you, Commissioner Mohorovic.</p>
    <p begin="01:35:57.92" dur="00:00:04.73">And was that WHO report specific to<br/>portable generator as the source?</p>
    <p begin="01:36:02.65" dur="00:00:04.30">MR. JOHNSON: No, this is -- this is an indoor<br/>carbon monoxide guideline that&apos;s published</p>
    <p begin="01:36:06.95" dur="00:00:06.81">by the WHO in I think it&apos;s their<br/>2013 -- 2010, I&apos;m sorry, paper.</p>
    <p begin="01:36:13.76" dur="00:00:04.25">I will -- I will submit it upon<br/>the completion of the hearing.</p>
    <p begin="01:36:18.01" dur="00:00:00.98">COMMISSIONER KAYE: Great, thank you.</p>
    <p begin="01:36:18.99" dur="00:00:01.36">COMMISSIONER MOHOROVIC: You&apos;re very welcome.</p>
    <p begin="01:36:20.35" dur="00:00:01.19">Anything else, Mr. Johnson?</p>
    <p begin="01:36:21.54" dur="00:00:01.64">MR. JOHNSON: No, thank you.</p>
    <p begin="01:36:23.18" dur="00:00:01.28">COMMISSIONER MOHOROVIC: Terrific.</p>
    <p begin="01:36:24.46" dur="00:00:00.59">Mr. Shively?</p>
    <p begin="01:36:25.05" dur="00:00:03.41">MR. SHIVELY: Yeah, the only<br/>thing I&apos;d like to say is the --</p>
    <p begin="01:36:28.46" dur="00:00:07.46">the detector that we currently manufacture,<br/>we do manufacture that to UL 2034,</p>
    <p begin="01:36:35.92" dur="00:00:04.33">and so there are certain<br/>levels that we have to meet.</p>
    <p begin="01:36:40.25" dur="00:00:07.82">That doesn&apos;t say that a detector can&apos;t be<br/>calibrated to alarm at much lower levels.</p>
    <p begin="01:36:48.07" dur="00:00:03.43">But that&apos;s currently the<br/>standard that we&apos;re working with.</p>
    <p begin="01:36:51.50" dur="00:00:06.89">And, as we understand it going forward, you<br/>know, we could certainly manufacture a detector</p>
    <p begin="01:36:58.39" dur="00:00:04.35">that would meet the specs, I believe,<br/>of anything that&apos;s coming out.</p>
    <p begin="01:37:02.74" dur="00:00:07.07">One comment to Commissioner Robinson.</p>
    <p begin="01:37:09.81" dur="00:00:05.68">My understanding is that the<br/>majority of the deaths are caused</p>
    <p begin="01:37:15.49" dur="00:00:06.42">from CO poisoning in enclosed<br/>spaces, a majority.</p>
    <p begin="01:37:21.91" dur="00:00:03.93">In the case of a shutdown system, that is going</p>
    <p begin="01:37:25.84" dur="00:00:05.47">to prevent those deaths by<br/>turning the unit off, okay?</p>
    <p begin="01:37:31.31" dur="00:00:10.93">Where you have CO, and if it is being pushed<br/>by the wind to remote areas, you know,</p>
    <p begin="01:37:42.24" dur="00:00:06.33">a detector on the unit itself<br/>is not going to cover all cases.</p>
    <p begin="01:37:48.57" dur="00:00:04.89">So if it&apos;s being operated<br/>outside and if CO does get --</p>
    <p begin="01:37:53.46" dur="00:00:09.76">accumulate in a camper, a house or whatever, I<br/>think the answer is that in all of those areas,</p>
    <p begin="01:38:03.22" dur="00:00:06.09">they should have CO detectors<br/>in those enclosed spaces.</p>
    <p begin="01:38:09.31" dur="00:00:09.30">And that is the only way that you&apos;re going to,<br/>you know, prevent CO deaths across the board.</p>
    <p begin="01:38:18.61" dur="00:00:05.46">You know, reducing CO levels<br/>certainly is going to help.</p>
    <p begin="01:38:24.07" dur="00:00:01.77">It&apos;s not going to eliminate it.</p>
    <p begin="01:38:25.84" dur="00:00:04.04">But again, the majority of the deaths are</p>
    <p begin="01:38:29.88" dur="00:00:03.48">because people are not using<br/>portable generators properly</p>
    <p begin="01:38:33.36" dur="00:00:02.82">and they&apos;re putting them<br/>inside, in enclosed spaces.</p>
    <p begin="01:38:36.18" dur="00:00:05.30">The one he just mentioned today that<br/>happened, the one that happened two weeks ago,</p>
    <p begin="01:38:41.48" dur="00:00:03.06">the one that happened three<br/>years ago, it&apos;s where CO --</p>
    <p begin="01:38:44.54" dur="00:00:06.76">where portable generators are being<br/>operated inside of an enclosed space.</p>
    <p begin="01:38:51.30" dur="00:00:01.22">COMMISSIONER MOHOROVIC: Thank you.</p>
    <p begin="01:38:52.52" dur="00:00:02.09">Commissioner Robinson, did you want me to yield?</p>
    <p begin="01:38:54.61" dur="00:00:01.17">No? Okay. Mr. Santos?</p>
    <p begin="01:38:55.78" dur="00:00:04.52">MR. SANTOS: Yeah, I just wanted<br/>to echo my previous testimony</p>
    <p begin="01:39:00.30" dur="00:00:04.99">about technologies being readily available<br/>to meet CPSC&apos;s proposed requirements.</p>
    <p begin="01:39:05.29" dur="00:00:04.36">And once again just to make the point<br/>that the type of technology we&apos;re talking</p>
    <p begin="01:39:09.65" dur="00:00:06.33">about is not some unknown black box that needs<br/>to be done to meet these proposed standards,</p>
    <p begin="01:39:15.98" dur="00:00:03.05">whether it was CPSC&apos;s or even<br/>EPA&apos;s or ARB&apos;s CO standards</p>
    <p begin="01:39:19.03" dur="00:00:02.70">from 10 years ago, the current<br/>Phase III, Tier III.</p>
    <p begin="01:39:21.73" dur="00:00:05.01">I did want to make one specific comment on<br/>the -- COMMISSIONER MOHOROVIC: Two seconds.</p>
    <p begin="01:39:26.74" dur="00:00:05.82">MR. SANTOS: Sorry, on the CO shutoff issue<br/>was that I think relative to the time frame</p>
    <p begin="01:39:32.56" dur="00:00:06.61">that these generators are being used,<br/>the CO -- the lightoff time is minimal,</p>
    <p begin="01:39:39.17" dur="00:00:06.82">seconds on passenger cars and probably at<br/>most a couple minutes on portable generators.</p>
    <p begin="01:39:45.99" dur="00:00:03.68">So whatever elevated levels you might see in<br/>HC+Nox and CO over time would be de minimis.</p>
    <p begin="01:39:49.67" dur="00:00:02.64">COMMISSIONER MOHOROVIC: Thank you very much.</p>
    <p begin="01:39:52.31" dur="00:00:01.42">CHAIR BUERKLE: Thank you.</p>
    <p begin="01:39:53.73" dur="00:00:04.62">So I&apos;ve had a request from Commissioner Kaye<br/>that we extend for another round of questions.</p>
    <p begin="01:39:58.35" dur="00:00:03.74">First of all, I want to check with the<br/>panel to make sure that doesn&apos;t conflict</p>
    <p begin="01:40:02.09" dur="00:00:02.19">with your schedules or your travel plans.</p>
    <p begin="01:40:04.28" dur="00:00:04.58">If you have them and it would affect<br/>you, I will say that we&apos;ll have --</p>
    <p begin="01:40:08.86" dur="00:00:05.12">this last round will be three minutes long as<br/>we did this morning, just so we don&apos;t interfere.</p>
    <p begin="01:40:13.98" dur="00:00:03.97">We had a hard stop at 2:40<br/>in terms of scheduling.</p>
    <p begin="01:40:17.95" dur="00:00:03.79">But since we&apos;ve had this<br/>request, if you need to leave</p>
    <p begin="01:40:21.74" dur="00:00:02.95">because of a flight, please<br/>feel free to do that.</p>
    <p begin="01:40:24.69" dur="00:00:04.81">But we&apos;ll just extend this to one last round<br/>of three-minute questions per commissioner.</p>
    <p begin="01:40:29.50" dur="00:00:04.26">I don&apos;t -- do not have any additional<br/>questions, so I will ask Commissioner Adler.</p>
    <p begin="01:40:33.76" dur="00:00:03.13">COMMISSIONER ADLER: I&apos;m not sure<br/>if this is a question or a comment.</p>
    <p begin="01:40:36.89" dur="00:00:06.85">But, Mr. Johnson, one of the things<br/>that I have argued for years is,</p>
    <p begin="01:40:43.74" dur="00:00:04.73">and I can&apos;t tell you how much I appreciate you<br/>addressing the economic impact of these injuries</p>
    <p begin="01:40:48.47" dur="00:00:05.75">and fatalities from generators, is that when we<br/>talk about a standard, people are always talking</p>
    <p begin="01:40:54.22" dur="00:00:03.15">about the increased cost of the product.</p>
    <p begin="01:40:57.37" dur="00:00:04.04">But they never understand that when you&apos;re<br/>getting an increased cost of the product,</p>
    <p begin="01:41:01.41" dur="00:00:05.34">what you&apos;re doing is taking costs that<br/>are really being externalized and imposed</p>
    <p begin="01:41:06.75" dur="00:00:05.20">on the public in the nature of fatalities<br/>or injuries and you are internalizing them,</p>
    <p begin="01:41:11.95" dur="00:00:03.74">you are reallocating those costs and<br/>putting them into the costs of the product</p>
    <p begin="01:41:15.69" dur="00:00:05.69">where they ought to be, so that the manufacturer<br/>that&apos;s benefiting and profiting from the sale</p>
    <p begin="01:41:21.38" dur="00:00:04.81">of that product is absorbing the costs of<br/>their product and not externalizing them.</p>
    <p begin="01:41:26.19" dur="00:00:04.19">And frankly, consumers are paying<br/>higher prices when that occurs</p>
    <p begin="01:41:30.38" dur="00:00:04.22">because they are getting the<br/>benefit of these savings.</p>
    <p begin="01:41:34.60" dur="00:00:06.11">And so it&apos;s not necessarily going to<br/>result in increased societal costs,</p>
    <p begin="01:41:40.71" dur="00:00:02.02">it&apos;s just reallocating the costs.</p>
    <p begin="01:41:42.73" dur="00:00:02.87">And I&apos;m wondering if you have<br/>any comment on that observation.</p>
    <p begin="01:41:45.60" dur="00:00:04.31">MR. JOHNSON: My math isn&apos;t very good,<br/>but I&apos;ll give you a quick summary.</p>
    <p begin="01:41:49.91" dur="00:00:05.93">If you multiply 10,000 times a million, and I<br/>don&apos;t know if that&apos;s a billion or 10 billion,</p>
    <p begin="01:41:55.84" dur="00:00:02.92">I&apos;m -- I think it must be 10 --<br/>COMMISSIONER ADLER: Law school,</p>
    <p begin="01:41:58.76" dur="00:00:01.93">last refuge of the non-mathematical mind.</p>
    <p begin="01:42:00.69" dur="00:00:00.71">And I represent that.</p>
    <p begin="01:42:01.40" dur="00:00:03.15">MR. JOHNSON: The problem is I pulled out<br/>my calculator and it gave me an answer</p>
    <p begin="01:42:04.55" dur="00:00:02.78">that -- couldn&apos;t do that many zeroes.</p>
    <p begin="01:42:07.33" dur="00:00:04.08">Forty percent of the people are<br/>going to have a million dollar case.</p>
    <p begin="01:42:11.41" dur="00:00:02.20">That&apos;s how I would look at it.</p>
    <p begin="01:42:13.61" dur="00:00:04.78">Forty percent are going to be disabled<br/>of that 25,000 that got hospitalized.</p>
    <p begin="01:42:18.39" dur="00:00:03.12">And if you&apos;re disabled, it&apos;s going to<br/>be an average of a million dollar case.</p>
    <p begin="01:42:21.51" dur="00:00:03.15">It&apos;s probably going to be considerably<br/>more than that in most of the cases.</p>
    <p begin="01:42:24.66" dur="00:00:03.97">COMMISSIONER ADLER: And just this again may<br/>not be a question, it may be an observation.</p>
    <p begin="01:42:28.63" dur="00:00:06.15">Mr. Shively, one of the things you said is the<br/>necessity for more carbon monoxide detectors,</p>
    <p begin="01:42:34.78" dur="00:00:04.36">and I am still struggling to understand why they<br/>haven&apos;t spread the same way smoke alarms are,</p>
    <p begin="01:42:39.14" dur="00:00:02.74">because you can buy them in joint units.</p>
    <p begin="01:42:41.88" dur="00:00:05.60">What would you think about either a requirement<br/>or a strong suggestion to the industry</p>
    <p begin="01:42:47.48" dur="00:00:04.97">that when they sell a portable generator,<br/>at a minimum, they include a free</p>
    <p begin="01:42:52.45" dur="00:00:02.31">or a couple of free CO detectors?</p>
    <p begin="01:42:54.76" dur="00:00:02.72">Can you see a problem with that concept?</p>
    <p begin="01:42:57.48" dur="00:00:01.58">MR. SHIVELY: No.</p>
    <p begin="01:42:59.06" dur="00:00:03.98">As a matter of fact, as a manufacturer of<br/>them, we would actually kind of like that.</p>
    <p begin="01:43:03.04" dur="00:00:00.44">(Laughter.)</p>
    <p begin="01:43:03.48" dur="00:00:06.95">MR. SHIVELY: But, you know, certainly I<br/>believe that&apos;s the thing that people don&apos;t get.</p>
    <p begin="01:43:10.43" dur="00:00:02.36">I mean, I have a generator at my house.</p>
    <p begin="01:43:12.79" dur="00:00:04.28">I have a CO detector in the garage, I<br/>have one on each level of the house,</p>
    <p begin="01:43:17.07" dur="00:00:02.20">I have it throughout, because I understand.</p>
    <p begin="01:43:19.27" dur="00:00:02.75">Okay? But most people do not.</p>
    <p begin="01:43:22.02" dur="00:00:05.84">So I certainly thing that, at a very minimum,<br/>that there is some kind of recommendation</p>
    <p begin="01:43:27.86" dur="00:00:05.69">that if you are going to operate a<br/>generator in or around your area,</p>
    <p begin="01:43:33.55" dur="00:00:05.11">that any enclosed space should<br/>really have a CO detector installed.</p>
    <p begin="01:43:38.66" dur="00:00:03.65">COMMISSIONER ADLER: I live on the seventh<br/>floor of a condominium and my wife insists</p>
    <p begin="01:43:42.31" dur="00:00:04.80">that we have two CO detectors, so at<br/>least I&apos;m keeping you in business.</p>
    <p begin="01:43:47.11" dur="00:00:00.75">Thank you very much.</p>
    <p begin="01:43:47.86" dur="00:00:00.55">MR. SHIVELY: You bet.</p>
    <p begin="01:43:48.41" dur="00:00:00.83">CHAIR BUERKLE: Thank you.</p>
    <p begin="01:43:49.24" dur="00:00:00.91">Commissioner Robinson.</p>
    <p begin="01:43:50.15" dur="00:00:05.44">COMMISSIONER ROBINSON: In the marine<br/>environment, where you are dealing with sensors</p>
    <p begin="01:43:55.59" dur="00:00:04.69">that are in rooms wired to the<br/>generator, you are already in a situation</p>
    <p begin="01:44:00.28" dur="00:00:04.03">where you&apos;ve got reduced emissions from<br/>carbon monoxide because that&apos;s required</p>
    <p begin="01:44:04.31" dur="00:00:01.61">in the marine environment, correct?</p>
    <p begin="01:44:05.92" dur="00:00:02.03">MR. SHIVELY: Yes, that&apos;s correct.</p>
    <p begin="01:44:07.95" dur="00:00:02.09">COMMISSIONER ROBINSON: So<br/>you basically got the two-fer</p>
    <p begin="01:44:10.04" dur="00:00:01.61">that everybody has been advocating today.</p>
    <p begin="01:44:11.65" dur="00:00:01.86">MR. SHIVELY: Yes, that&apos;s correct.</p>
    <p begin="01:44:13.51" dur="00:00:02.57">COMMISSIONER ROBINSON: Okay.</p>
    <p begin="01:44:16.08" dur="00:00:05.49">Mr. Santos, you&apos;ve said that the technology<br/>is there, but I want to be very specific</p>
    <p begin="01:44:21.57" dur="00:00:04.30">about this technology in<br/>terms of emission reducing.</p>
    <p begin="01:44:25.87" dur="00:00:06.86">Adding this requirement that is being proposed<br/>in the CPSC NPR, the first question is would</p>
    <p begin="01:44:32.73" dur="00:00:03.16">that -- would it involve<br/>significant design changes</p>
    <p begin="01:44:35.89" dur="00:00:03.44">to most portable generators<br/>to meet that standard?</p>
    <p begin="01:44:39.33" dur="00:00:01.27">MR. SANTOS: No.</p>
    <p begin="01:44:40.60" dur="00:00:02.13">And I think that&apos;s been demonstrated<br/>in CPSC&apos;s own work</p>
    <p begin="01:44:42.73" dur="00:00:01.94">and the test programs that have been done.</p>
    <p begin="01:44:44.67" dur="00:00:04.61">COMMISSIONER ROBINSON: And would these<br/>design changes be cost prohibitive?</p>
    <p begin="01:44:49.28" dur="00:00:03.61">MR. SANTOS: There would be an<br/>incremental cost through the use</p>
    <p begin="01:44:52.89" dur="00:00:04.72">of catalyst technology, in<br/>addition to the engine.</p>
    <p begin="01:44:57.61" dur="00:00:07.79">I think MECA actually did, when EPA and ARB<br/>were running their test programs 10 years ago,</p>
    <p begin="01:45:05.40" dur="00:00:06.02">but this was on, once again, older engines,<br/>but we estimated at the time I believe it was</p>
    <p begin="01:45:11.42" dur="00:00:04.01">like $2 to $3 per horsepower increase.</p>
    <p begin="01:45:15.43" dur="00:00:05.65">So obviously, the bigger the engine -- and<br/>this was just within the small engine world.</p>
    <p begin="01:45:21.08" dur="00:00:04.36">COMMISSIONER ROBINSON: And do you know what rate<br/>of reduction of the CO emissions is feasible?</p>
    <p begin="01:45:25.44" dur="00:00:04.80">MR. SANTOS: Well, the -- as<br/>reported in my testimony,</p>
    <p begin="01:45:30.24" dur="00:00:02.50">the 80 to 90 percent is what we&apos;ve<br/>seen in our manufacturers&apos; testing.</p>
    <p begin="01:45:32.74" dur="00:00:01.78">COMMISSIONER ROBINSON: And<br/>were these engines reliable?</p>
    <p begin="01:45:34.52" dur="00:00:00.91">MR. SANTOS: Yes.</p>
    <p begin="01:45:35.43" dur="00:00:01.37">COMMISSIONER ROBINSON: Safe to operate?</p>
    <p begin="01:45:36.80" dur="00:00:00.50">MR. SANTOS: Yes.</p>
    <p begin="01:45:37.30" dur="00:00:03.12">COMMISSIONER ROBINSON: Are there<br/>concerns about overheating or hot exhaust?</p>
    <p begin="01:45:40.42" dur="00:00:04.64">MR. SANTOS: The concerns that have<br/>been raised have been addressed.</p>
    <p begin="01:45:45.06" dur="00:00:03.90">COMMISSIONER ROBINSON: And you were<br/>about to say something about the duration</p>
    <p begin="01:45:48.96" dur="00:00:02.55">of a cold start and somebody&apos;s time ran out.</p>
    <p begin="01:45:51.51" dur="00:00:01.05">MR. SANTOS: Yeah, sorry.</p>
    <p begin="01:45:52.56" dur="00:00:03.81">I just wanted to -- when I didn&apos;t realize we<br/>were not making last comments was just to --</p>
    <p begin="01:45:56.37" dur="00:00:04.14">I think I heard first earlier this morning<br/>as well as Mr. Donnay and others talking</p>
    <p begin="01:46:00.51" dur="00:00:01.67">about cold start and lightoff, et cetera.</p>
    <p begin="01:46:02.18" dur="00:00:02.53">I just want to make, kind of<br/>from our perspective as MECA,</p>
    <p begin="01:46:04.71" dur="00:00:03.66">the whole catalyst lightoff issue is<br/>an issue, but it is being address.</p>
    <p begin="01:46:08.37" dur="00:00:04.04">In terms of they&apos;re talking about these elevated<br/>emission levels that happen when you first turn</p>
    <p begin="01:46:12.41" dur="00:00:05.74">on an engine, but that the time frames we&apos;re<br/>talking about are on the order of minutes.</p>
    <p begin="01:46:18.15" dur="00:00:05.36">And obviously making the assumption, typical<br/>usage of a portable generator would be over,</p>
    <p begin="01:46:23.51" dur="00:00:02.15">at a minimum, several hours to more.</p>
    <p begin="01:46:25.66" dur="00:00:07.03">So, yeah, so just sort of making that issue --<br/>I wasn&apos;t quite sure if I was hearing correctly</p>
    <p begin="01:46:32.69" dur="00:00:02.17">that others were raising that<br/>it was a much longer duration.</p>
    <p begin="01:46:34.86" dur="00:00:02.22">I just wanted to make sure that it&apos;s a small --</p>
    <p begin="01:46:37.08" dur="00:00:02.08">and even more so on the later<br/>technology engines,</p>
    <p begin="01:46:39.16" dur="00:00:01.93">like on passenger cars, we&apos;re talking seconds.</p>
    <p begin="01:46:41.09" dur="00:00:04.04">COMMISSIONER ROBINSON: Okay, and are you<br/>aware of anyone dying from the emissions</p>
    <p begin="01:46:45.13" dur="00:00:02.40">of carbon monoxide during the starting process?</p>
    <p begin="01:46:47.53" dur="00:00:01.77">MR. SANTOS: No, I&apos;m not.</p>
    <p begin="01:46:49.30" dur="00:00:01.09">COMMISSIONER ROBINSON: Thank you.</p>
    <p begin="01:46:50.39" dur="00:00:00.40">I have nothing further.</p>
    <p begin="01:46:50.79" dur="00:00:00.65">CHAIR BUERKLE: Thank you.</p>
    <p begin="01:46:51.44" dur="00:00:00.31">Commissioner Kaye.</p>
    <p begin="01:46:51.75" dur="00:00:01.78">COMMISSIONER KAYE: Thank you, Madam Chair.</p>
    <p begin="01:46:53.53" dur="00:00:04.13">Mr. Donnay, I&apos;m just going to quickly finish<br/>up with you on where we left off, please,</p>
    <p begin="01:46:57.66" dur="00:00:04.33">which was your explanation that when you<br/>spoke with CPSC staff a number of years ago,</p>
    <p begin="01:47:01.99" dur="00:00:04.92">they had not looked at the particular technology<br/>that you mentioned or that particular component.</p>
    <p begin="01:47:06.91" dur="00:00:02.22">I get that you are very passionate<br/>about this issue.</p>
    <p begin="01:47:09.13" dur="00:00:01.67">I get your frustration level.</p>
    <p begin="01:47:10.80" dur="00:00:01.86">We&apos;re passionate, we&apos;re frustrated.</p>
    <p begin="01:47:12.66" dur="00:00:02.96">But I think that your passion and your<br/>frustration got a little bit of the best of you</p>
    <p begin="01:47:15.62" dur="00:00:04.59">by saying that CPSC staff was not<br/>aware of it and hadn&apos;t even Googled it.</p>
    <p begin="01:47:20.21" dur="00:00:04.51">I don&apos;t think that&apos;s a fair characterization of<br/>them, and I would just point that out to you.</p>
    <p begin="01:47:24.72" dur="00:00:02.42">I don&apos;t know if you want to<br/>add anything else to that.</p>
    <p begin="01:47:27.14" dur="00:00:01.14">MR. DONNAY: I do.</p>
    <p begin="01:47:28.28" dur="00:00:01.20">I can see why you&apos;d be upset about it.</p>
    <p begin="01:47:29.48" dur="00:00:01.95">But I swear to you I&apos;m telling the truth</p>
    <p begin="01:47:31.43" dur="00:00:02.99">and Chris Brown will back me up<br/>on that, if you can find him.</p>
    <p begin="01:47:34.42" dur="00:00:02.47">I don&apos;t know what agency he&apos;s been seconded to.</p>
    <p begin="01:47:36.89" dur="00:00:02.56">But that was the answer I was given.</p>
    <p begin="01:47:39.45" dur="00:00:05.04">The other staff I had spoken with, they<br/>simply were not aware of these technologies.</p>
    <p begin="01:47:44.49" dur="00:00:00.64">I wasn&apos;t either.</p>
    <p begin="01:47:45.13" dur="00:00:01.40">Somebody has to go look for them to find them.</p>
    <p begin="01:47:46.53" dur="00:00:00.48">COMMISSIONER KAYE: Yeah.</p>
    <p begin="01:47:47.01" dur="00:00:01.73">And I think in the interim they<br/>are aware of it and they felt</p>
    <p begin="01:47:48.74" dur="00:00:03.86">like from a technical perspective there<br/>wasn&apos;t so much of a difference in the way</p>
    <p begin="01:47:52.60" dur="00:00:03.47">that that was manufactured or that component<br/>was made that, based on what they had tested,</p>
    <p begin="01:47:56.07" dur="00:00:01.50">that it was worth going out and purchasing it.</p>
    <p begin="01:47:57.57" dur="00:00:01.99">But my understanding is they were aware of it.</p>
    <p begin="01:47:59.56" dur="00:00:02.66">And so I was concerned about<br/>the characterization</p>
    <p begin="01:48:02.22" dur="00:00:02.04">of their work and the depth of their work.</p>
    <p begin="01:48:04.26" dur="00:00:02.73">And I didn&apos;t think -- MR. DONNAY:<br/>I congratulate them for proving</p>
    <p begin="01:48:06.99" dur="00:00:01.72">that the devices worked perfectly.</p>
    <p begin="01:48:08.71" dur="00:00:02.58">Failsafe, no false positives or no negatives.</p>
    <p begin="01:48:11.29" dur="00:00:02.36">My question is, why was that not moved forward?</p>
    <p begin="01:48:13.65" dur="00:00:05.58">Why was that left behind in 2006 for a<br/>multimillion dollar program to develop things</p>
    <p begin="01:48:19.23" dur="00:00:02.18">that are not yet in commercial use?</p>
    <p begin="01:48:21.41" dur="00:00:03.39">I thought one of the main priorities here<br/>was to always encourage staff to look</p>
    <p begin="01:48:24.80" dur="00:00:02.25">at commercially available,<br/>off-the-shelf solutions</p>
    <p begin="01:48:27.05" dur="00:00:03.27">that wouldn&apos;t require expensive<br/>new designs and engineering.</p>
    <p begin="01:48:30.32" dur="00:00:03.46">I&apos;m an engineer originally and<br/>I go with keep it simple stupid.</p>
    <p begin="01:48:33.78" dur="00:00:00.81">This is simple.</p>
    <p begin="01:48:34.59" dur="00:00:00.88">COMMISSIONER KAYE: Absolutely.</p>
    <p begin="01:48:35.47" dur="00:00:04.06">And I&apos;m sure when you submit comments<br/>to that effect, that the Commission,</p>
    <p begin="01:48:39.53" dur="00:00:02.71">including the staff, will<br/>address those in the comments.</p>
    <p begin="01:48:42.24" dur="00:00:03.88">MR. DONNAY: My fear is that the time<br/>is the real issue, not the level.</p>
    <p begin="01:48:46.12" dur="00:00:04.90">The longer you&apos;re exposed without warning<br/>someone, the longer they&apos;re absorbing CO.</p>
    <p begin="01:48:51.02" dur="00:00:05.32">And to stop CO poisoning, you have<br/>to stop the duration of exposure.</p>
    <p begin="01:48:56.34" dur="00:00:01.92">COMMISSIONER KAYE: Understood.</p>
    <p begin="01:48:58.26" dur="00:00:04.07">Mr. Moses, how quickly will<br/>you come to market with units</p>
    <p begin="01:49:02.33" dur="00:00:02.81">that have the shutoff technology on them?</p>
    <p begin="01:49:05.14" dur="00:00:05.23">MR. MOSES: We&apos;re still completing<br/>our evaluation, studies, et cetera.</p>
    <p begin="01:49:10.37" dur="00:00:02.15">It&apos;s difficult to give a<br/>time frame at this point.</p>
    <p begin="01:49:12.52" dur="00:00:02.07">We&apos;ve made good progress to<br/>date, we plan to share that,</p>
    <p begin="01:49:14.59" dur="00:00:01.52">but I can&apos;t give you a definitive schedule.</p>
    <p begin="01:49:16.11" dur="00:00:01.70">COMMISSIONER KAYE: Is it within<br/>five years, would you say?</p>
    <p begin="01:49:17.81" dur="00:00:02.60">MR. MOSES: I would certainly<br/>hope within five years.</p>
    <p begin="01:49:20.41" dur="00:00:01.32">COMMISSIONER KAYE: Hope within five years.</p>
    <p begin="01:49:21.73" dur="00:00:01.16">MR. MOSES: Yes.</p>
    <p begin="01:49:22.89" dur="00:00:02.99">COMMISSIONER KAYE: And from your<br/>perspective, are the shutoff technologies</p>
    <p begin="01:49:25.88" dur="00:00:02.92">and the reduced CO technologies<br/>mutually exclusive?</p>
    <p begin="01:49:28.80" dur="00:00:02.25">Meaning, can a unit only have one or the other</p>
    <p begin="01:49:31.05" dur="00:00:02.37">from an engineering perspective,<br/>or could it have both?</p>
    <p begin="01:49:33.42" dur="00:00:03.28">MR. MOSES: No, they&apos;re not mutually exclusive.</p>
    <p begin="01:49:36.70" dur="00:00:01.63">As we discussed this morning,</p>
    <p begin="01:49:38.33" dur="00:00:03.81">there&apos;s an argument whether<br/>there is an added benefit or not.</p>
    <p begin="01:49:42.14" dur="00:00:03.98">If there&apos;s negligible benefit and<br/>added cost, does it make sense.</p>
    <p begin="01:49:46.12" dur="00:00:01.44">But they&apos;re not mutually exclusive.</p>
    <p begin="01:49:47.56" dur="00:00:03.28">COMMISSIONER KAYE: So there&apos;s no reason<br/>why you at least won&apos;t go forward,</p>
    <p begin="01:49:50.84" dur="00:00:02.56">especially if PGMA adopts its proposal,</p>
    <p begin="01:49:53.40" dur="00:00:03.04">regardless of whether reduced<br/>CO technologies are also --</p>
    <p begin="01:49:56.44" dur="00:00:04.20">whether from UL or from us or from anybody else?</p>
    <p begin="01:50:00.64" dur="00:00:03.10">MR. MOSES: Assuming we get through all<br/>of our evaluation and it&apos;s positive</p>
    <p begin="01:50:03.74" dur="00:00:02.68">and we feel that&apos;s the best<br/>solution, absolutely.</p>
    <p begin="01:50:06.42" dur="00:00:01.06">COMMISSIONER KAYE: Great, thank you.</p>
    <p begin="01:50:07.48" dur="00:00:02.60">I have more questions, but I<br/>understand there&apos;s no more time.</p>
    <p begin="01:50:10.08" dur="00:00:00.71">CHAIR BUERKLE: Thank you.</p>
    <p begin="01:50:10.79" dur="00:00:00.82">Commissioner Mohorovic?</p>
    <p begin="01:50:11.61" dur="00:00:02.05">COMMISSIONER MOHOROVIC: Thank<br/>you, Madam Chairman.</p>
    <p begin="01:50:13.66" dur="00:00:02.04">I&apos;ll yield my time to Commissioner Kaye.</p>
    <p begin="01:50:15.70" dur="00:00:01.48">CHAIR BUERKLE: Very kind of you.</p>
    <p begin="01:50:17.18" dur="00:00:00.45">Thank you.</p>
    <p begin="01:50:17.63" dur="00:00:03.01">COMMISSIONER KAYE: I appreciate that.</p>
    <p begin="01:50:20.64" dur="00:00:05.44">Mr. Shively, so one of the areas that we&apos;ve<br/>been frustrated as a Commission in trying</p>
    <p begin="01:50:26.08" dur="00:00:05.07">to adjust CO, and Mr. Johnson, Jr.,<br/>mentioned this earlier, is furnaces.</p>
    <p begin="01:50:31.15" dur="00:00:04.18">And my understanding is that<br/>sensors have proven to be unreliable</p>
    <p begin="01:50:35.33" dur="00:00:03.65">in that difficult thermal environment.</p>
    <p begin="01:50:38.98" dur="00:00:01.16">Have you looked at that?</p>
    <p begin="01:50:40.14" dur="00:00:05.62">And I&apos;m trying to understand, if you&apos;re<br/>confident about the functioning of your sensors,</p>
    <p begin="01:50:45.76" dur="00:00:04.16">why that wouldn&apos;t be applicable to<br/>furnaces as a shutoff technology?</p>
    <p begin="01:50:49.92" dur="00:00:05.18">MR. SHIVELY: Right, as I stated, we&apos;ve<br/>been primarily focused on marine.</p>
    <p begin="01:50:55.10" dur="00:00:02.18">You know, that is our core business.</p>
    <p begin="01:50:57.28" dur="00:00:05.82">However, over the last few years, we have been<br/>expanding and we&apos;re doing methane detection now</p>
    <p begin="01:51:03.10" dur="00:00:06.11">in the truck and bus market, and<br/>some of the mining equipment.</p>
    <p begin="01:51:09.21" dur="00:00:02.99">So we&apos;re expanding our horizons.</p>
    <p begin="01:51:12.20" dur="00:00:04.98">One of the things that we did talk about --<br/>and we&apos;ve made propane sensors for many years,</p>
    <p begin="01:51:17.18" dur="00:00:07.92">and we approached that market about having some<br/>kind of shutoff device and detection system.</p>
    <p begin="01:51:25.10" dur="00:00:05.12">You know, and quite honestly, we<br/>really just didn&apos;t get anywhere.</p>
    <p begin="01:51:30.22" dur="00:00:09.81">The product that we&apos;re developing along with<br/>one of the portable generator manufacturers,</p>
    <p begin="01:51:40.03" dur="00:00:04.83">that certainly could be adapted to that market.</p>
    <p begin="01:51:44.86" dur="00:00:04.85">And as I said, the sensors that we&apos;re<br/>currently using, there&apos;s absolutely no issue</p>
    <p begin="01:51:49.71" dur="00:00:02.46">with temperature swings, humidity swings.</p>
    <p begin="01:51:52.17" dur="00:00:07.65">So I think it certainly is something that<br/>could be applicable to that -- to that market.</p>
    <p begin="01:51:59.82" dur="00:00:01.88">It&apos;s just we have not looked at it yet.</p>
    <p begin="01:52:01.70" dur="00:00:01.68">COMMISSIONER KAYE: Great.</p>
    <p begin="01:52:03.38" dur="00:00:04.55">And obviously, I think staff would<br/>appreciate if, as we continue that work</p>
    <p begin="01:52:07.93" dur="00:00:04.44">on the furnace side, that if you would engage<br/>as well there, because the sensor is the sensor</p>
    <p begin="01:52:12.37" dur="00:00:02.38">and it&apos;s going to be useful for<br/>different applications for us.</p>
    <p begin="01:52:14.75" dur="00:00:00.47">MR. SHIVELY: Sure.</p>
    <p begin="01:52:15.22" dur="00:00:00.88">And just real quick?</p>
    <p begin="01:52:16.10" dur="00:00:00.78">COMMISSIONER KAYE: Yeah, go ahead.</p>
    <p begin="01:52:16.88" dur="00:00:05.79">MR. SHIVELY: As far as getting it to<br/>market, once we understand a specification,</p>
    <p begin="01:52:22.67" dur="00:00:04.06">we could be looking at six to<br/>eight months for high volume,</p>
    <p begin="01:52:26.73" dur="00:00:01.78">ready for market, ready for distribution.</p>
    <p begin="01:52:28.51" dur="00:00:01.90">COMMISSIONER KAYE: Right, so<br/>that&apos;s on the generator side?</p>
    <p begin="01:52:30.41" dur="00:00:00.85">Or anything.</p>
    <p begin="01:52:31.26" dur="00:00:00.86">MR. SHIVELY: Either.</p>
    <p begin="01:52:32.12" dur="00:00:01.24">COMMISSIONER KAYE: Okay.</p>
    <p begin="01:52:33.36" dur="00:00:05.88">And Mr. Santos, you heard a long list<br/>or during Mr. Moses&apos;s testimony of all</p>
    <p begin="01:52:39.24" dur="00:00:03.44">of the perceived limitations of EFI technologies</p>
    <p begin="01:52:42.68" dur="00:00:04.15">and why they are not reliable<br/>for this application.</p>
    <p begin="01:52:46.83" dur="00:00:08.18">They basically were summed up as not<br/>reliable in wide temperature ranges,</p>
    <p begin="01:52:55.01" dur="00:00:05.86">concerns about durability over time and<br/>degradation, concerns about needing to run rich</p>
    <p begin="01:53:00.87" dur="00:00:02.52">and how long it would take for EFI to kick in.</p>
    <p begin="01:53:03.39" dur="00:00:04.57">Can you address those, please, from your<br/>significant experience with these technologies?</p>
    <p begin="01:53:07.96" dur="00:00:01.98">MR. SANTOS: Yes.</p>
    <p begin="01:53:09.94" dur="00:00:04.18">I mean, I would -- I mean, obviously that was an<br/>extensive list and I&apos;m not going to deny that,</p>
    <p begin="01:53:14.12" dur="00:00:02.38">to some degree, that they&apos;ve seen that.</p>
    <p begin="01:53:16.50" dur="00:00:03.01">I think that the general point that I made<br/>earlier is the one that I will lean on again</p>
    <p begin="01:53:19.51" dur="00:00:04.51">and that is to say that the concerns, if<br/>we could categorize all of these things</p>
    <p begin="01:53:24.02" dur="00:00:05.35">under whether they be heat management<br/>or durability or potential poisoning,</p>
    <p begin="01:53:29.37" dur="00:00:06.31">that they have been -- that they are<br/>concerns but that they have been addressed.</p>
    <p begin="01:53:35.68" dur="00:00:04.69">And I think whether that has been<br/>demonstrated through the test program</p>
    <p begin="01:53:40.37" dur="00:00:03.71">that CPSC has already done themselves,<br/>the work that some of the MECA members --</p>
    <p begin="01:53:44.08" dur="00:00:01.31">I reported just a little bit of that.</p>
    <p begin="01:53:45.39" dur="00:00:05.18">We can obviously cite that in our written<br/>testimony more about the work that&apos;s been done,</p>
    <p begin="01:53:50.57" dur="00:00:03.40">that demonstrates that these<br/>issues have been addressed.</p>
    <p begin="01:53:53.97" dur="00:00:03.51">Whether it be that or lastly<br/>the work that was done 10 --</p>
    <p begin="01:53:57.48" dur="00:00:05.99">10 years ago on these small engines back by<br/>EPA, ARB and Southwest, to demonstrate all</p>
    <p begin="01:54:03.47" dur="00:00:02.63">of these -- I&apos;m not saying they<br/>had these list of concerns and went</p>
    <p begin="01:54:06.10" dur="00:00:02.08">through and checked all of them, per se.</p>
    <p begin="01:54:08.18" dur="00:00:04.16">But in the end, they came to the final<br/>conclusion that you could install catalysts</p>
    <p begin="01:54:12.34" dur="00:00:06.25">on these engines and reduce HC+NOx<br/>and CO safely and effectively.</p>
    <p begin="01:54:18.59" dur="00:00:05.34">I would just make one other comment on that<br/>cold start issue, just quickly, is that, I mean,</p>
    <p begin="01:54:23.93" dur="00:00:05.35">engines have become so clean these days that<br/>the cold start issue actually is making more</p>
    <p begin="01:54:29.28" dur="00:00:03.57">of an impact because that<br/>elevated level is so high relative</p>
    <p begin="01:54:32.85" dur="00:00:04.61">to how clean engines are once the catalyst<br/>kicks in that it&apos;s becoming more of an issue.</p>
    <p begin="01:54:37.46" dur="00:00:02.88">And in fact, when you&apos;re looking at<br/>that last bit of control on HC+NOx</p>
    <p begin="01:54:40.34" dur="00:00:04.13">and CO from spark-ignited engines, it is on<br/>the cold start front, because that little bit</p>
    <p begin="01:54:44.47" dur="00:00:04.05">of elevation relative to how clean these engines<br/>run once the catalyst is running optimally</p>
    <p begin="01:54:48.52" dur="00:00:03.53">and stochiometric is now one of the main issues</p>
    <p begin="01:54:52.05" dur="00:00:03.73">that are being investigated<br/>by the catalyst manufacturers.</p>
    <p begin="01:54:55.78" dur="00:00:00.67">COMMISSIONER KAYE: Good to know.</p>
    <p begin="01:54:56.45" dur="00:00:00.31">Thank you.</p>
    <p begin="01:54:56.76" dur="00:00:01.45">And thank you to the rest of the panelists.</p>
    <p begin="01:54:58.21" dur="00:00:01.39">CHAIR BUERKLE: Thank you very much.</p>
    <p begin="01:54:59.60" dur="00:00:04.24">Again, our sincere thanks to all of you<br/>this afternoon, as well as our panel</p>
    <p begin="01:55:03.84" dur="00:00:04.98">from this morning, for sharing your expert<br/>testimony with us and answering our questions</p>
    <p begin="01:55:08.82" dur="00:00:02.31">and accommodating the request for an extension.</p>
    <p begin="01:55:11.13" dur="00:00:02.10">So we appreciate that very much.</p>
    <p begin="01:55:13.23" dur="00:00:06.60">I also want to just thank our staff, Executive<br/>Director Patricia Adkins; our general counsel,</p>
    <p begin="01:55:19.83" dur="00:00:05.57">Mary Boyle; the Office of Secretary,<br/>Todd Stevenson, and Ms. Rocky Hammond,</p>
    <p begin="01:55:25.40" dur="00:00:07.94">who really put this all together and<br/>bore with us during this process.</p>
    <p begin="01:55:33.34" dur="00:00:02.77">And last but not least to John<br/>McGoogan, who does all of our AV.</p>
    <p begin="01:55:36.11" dur="00:00:05.11">And we thank all of them for being here<br/>today and for supporting this public hearing.</p>
    <p begin="01:55:41.22" dur="00:00:03.21">This concludes the public hearing of<br/>the Consumer Product Safety Commission.</p>
    <p begin="01:55:44.43" dur="00:00:01.64">And again, thank you all very much.</p>
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