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Robert A. Herman 

Senior Vice President 

Health, Safety & Environment 

Phillips 66 

3010 Briarpark Drive, PWC-09-9124 

Houston, TX 77042 

phone 832.765.3911 

fax 918.977.8584 

CERTIFIED MAIL 

Mr. Robert Perciasepe 

Acting Administrator 

U.S. Environmental Protection Agency 

Ariel Rios Building 

1200 Pennsylvania Avenue, N.W. 

Washington, DC 20460 

Subject: Request for an Extension of the Public Comment Period on EPA's Proposal for Tier 3 EPA-HQOAR-2011-0135 

Dear Mr. Perciasepe: 

We are writing to request the Agency extend the public comment period on EPA's Proposed Tier 3 

gasoline standards to allow 90 days following publication in the Federal Register. 

Since its recent announcement on March 29, 2013, the Tier 3 rulemaking has been handled in a very 

unusual manner and appears to be outside the process as provided for in the Clean Air Act. The Agency 

recently held two public hearings which were only announced in an April 8 Supplemental Federal 

Register notice along with the June 13, 2013, comment period end date. However, the Notice of 

Proposed Rulemaking (NPRM) has not yet been published in the Federal Register. This is a significant 

departure from the normal rulemaking process which sets both the hearing date and written comment 

period in the Federal Register NPRM publication. We are concerned that the process currently being 

followed will not allow stakeholders sufficient time to evaluate the rule and its accompanying 

information. We believe this is particularly important for a rule as complex as this one with the sheer 

volume of information to be digested. 

Furthermore, the pre-publication version of the proposed rule is 938 pages in length, the draft 

regulatory impact analysis is 532 pages long and there are over 250 pages of technical support 

documentation. This is all in addition to over 750 supporting documents which were added to the 

docket several weeks after the rule was issued. In this time-frame, it is not feasible for us to be able to 

thoroughly review and provide thoughtful responses to EPA's requests for comment included 

throughout the proposal. 

EPA had been purporting to issue the Tier 3 proposal well before now but was delayed in its efforts to 

issue the rule. Now that the proposal has been signed, it appears the EPA is attempting to rush the 

process. The delay in getting the proposed rule issued should not shorten the public review and nput 

process. This rule covers a broad range of provisions including tailpipe emission standards, new 

certification fuel specifications, new gasoline specifications, E85, and performance based testing 

methods. It is essential that more time be provided for review and comment.
The recently announced comment period ending Jue 13, 2013, falls well short of the necessary time for 

us to be able to fully evaluate the proposed changes that will significantly impact our operations. We 

ask the Agency to extend the public comment period and allow 90 days following publication in the 

Federal Register. 

Robert A. Herman 

Senior Vice President, Health, Safety and Environment 

Ms. Gina McCarthy 

Assistant Administrator 

Mr. Chris Grundler 

Director, Office of Transportation and Air Quality 

Mr. Paul Machiele 

Director, Center for Fuel Programs
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