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INSTITUTE FOR ENERGY RESEARCH

The Honorable Gina McCarthy Assistant Administrator May 23,2013

U.S. Environmental Protection Agency Office of Transportation and Air Quality 1200 Pennsylvania Avenue, NW Washington, DC 20460

RE: Request for an Extension of the Public Comment Period for Tier 3 Motor Vehicle Emission and Fuel Standards Rulemaking, Docket ID No. EPA-HQ-OAR2011-0135

Dear Ms. McCarthy:

The Institute for Energy Research is deeply concerned about EPA's proposed Tier 3 rulemaking. The public comment period deadline · has been set for June 13th, and yet EPA only published the

_ proposed rule in the Federal Register on May 21st. This allows the pubiic 

# leis than a month,-s time examine the significant econom1c · implications of the rule. Moreover, questions remain about the data used by EPA to derive**th~** costs and benefits of the Tier 3 proposal, and the rule has also included several non-germane regillatioi).s such as the E15 certification fuel. Given these complexities and unanswered questions, we request at ieast a 90-day extension for the comment period.
Closlng the public comment

. period 

# on June 13,

### 201~**i~** 'likely in violation of the Clean Air : Act that requires "notice

- of proposed**rul~making** shall be published in the Federal Regi

_ ster"l and that "[the**AdmiD;i~trator]** shall ensure a reasoriab.le period for public participation of at least 30**d;iy~ .:·z**  The abbreyiated**pt;!ri~d** of**~4** _ days does
not**gi:v~ the** **A~¢r~c rfpeople** **suffi'cH~nt** time ' 

### tc) c · omrtient

· aii.tljis complex and ' expensive regulation, which will impact each and every American.

Second, EPA is required to publish key pieces of information when it proposes a new rule. Specifically, EPA shall provide a summary of "the factual data on which the
prop.o , s

.

ed

. rule is**a~ed" _**  ancl**"t~e** me_thod_ology

_**use~** in obtaining the data and in anhlyzing the data."3

### EPA)i~s**failE~d** to comply ', \vith\his requirement

. For

### examp~e, th ' e vast majority ofbe.nefits 

# from this ' rule come from redi.tctions

. in particulate

. matter, 4 ' but EPA has consistently re

. fused to**~elease** the data upon whi

. ch it reHes for tlJ_ese benefits**calcula~ions** to**th~ publi~** **.** This failure 1s in clear violation of P_resident Obama's claim that his administration is ,;the

· most transparent administration in history/'S

Third.;

### th~ impact of

### Tie~ 3 will be

### wid~spr~ad and detrimental to the U.S. economy, and as such, the rule warrants greater consideration. A study by Baker & O'Brien

· '

11 00 H**·str~et** NW

- : Suite 400 ·**Wa~hington,** 

### DC 20005 · ' Phone 202.621.2950 · Fax 202.637.2420**~** . ' '

, •**~** ' ' .- ' • i • ' 1 • •
- • , , ' •

. · , , . · · '.

. www:instituteforenergyresearch.org

.Inc., prepared for the American Petroleum Institute, estimated that Tier 3 would impose initial compliance costs to oil refineries of $9.7 billion dollars. The ongoing
costs associated with this rule would also increase the price paid for gasoline at the
pump by 6-9 cents per gallon, which does not capture what the full "ripple effect" would be on the greater economy. 6 Given the large costs, and the fact that EPA has failed to conduct whole-economy modeling for the rule, an extension of 90 days does not seem unreasonable.

We appreciate EPA's concern and actions to ensure legal and transparent public participation in the rulemaking process. Strict legal compliance with rule making procedures as outlined in the Clean Air Act will ensure this rule is fully evaluated and given proper consideration by all concerned parties in an effort to identify and craft legislation that best serves the public interest of this country. It is therefore critical that EPA extend the comment period and release all of the data upon which it relies. Such an action would be in keeping with the President's pledge to foster
openness and transparency in the workings of the federal government, particularly when they affect the public so profoundly.
Sincerely,

Thomas 

### J. Pyle President Institute for Energy Research

CC: Office of Management and Budget, Desk Officer for EPA

1 Clean Air Act §307(d)(3).

2 Clean Air Act §307(h).

3 Clean Air Act §307(d)(3).

4 Table VIII-1.

s See e.g. Jonathan Easley, Obama says his is 'most transparent administration' ever, The Hill, Feb. 14, 2013, http://thehill.comjblogsjblog-briefing-roomjnews/283335-obamathis-is-the-most-transparent-administration-in-history.

6 Tamm, David C. and Milburn, Kevin P. (2012) Addendum to Potential Supply and Cost Impacts of Lower Sulfur, Lower RVP Gasoline. Houston, TX. Retrieved May 17th, 2013 from http:/japi.orgjnews-and-mediajnewsjnewsitems/2012/mar2012/-/media/FilesjNews/2012/12-March/Addendum-Potential-Impacts-of-LowerSulfur- Lower- RVP-Gasoline- Reportashx

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