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3 PUBLIC HEARING ON TIER 3 PROPOSED RULE 

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7 Wednesday, April 24, 2013 

8 10:00 a.m. 

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16 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

17 Sonesta Hotel Philadelphia 

18 1800 Market Street 

19 Philadelphia, Pennsylvania 

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1 PARTICIPANTS 

2 CHRIS GRUNDLER 

3 PAUL MACHIELE 

4 MICHAEL OLECHIW 

5 KATHRYN SARGEANT 

6 MARK KATAOKA 

7 JONELL IFFLAND 

8 TIA SUTTON 

9 TAD WYSOR 

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1 P R O C E E D I N G S 

2 MR. GRUNDLER: Good morning, everybody, and 

3 welcome. I want to welcome everyone here that traveled 

4 from far or nearby and those who are on the phone 

5 listening in to this hearing. 

6 I'm Chris Grundler. I'm the Director of 

7 EPA's Office of Transportation and Air Quality, and I 

8 will be the presiding officer for today's hearing. 

9 With me today are my colleagues, Mike Olechiw, Paul 

10 Machiele, and Kathryn Sargeant, and my attorney from 

11 the Office of General Counsel, Mark Kataoka. 

12 We've a large number of people representing 

13 either themselves or organizations who have signed up 

14 to speak today. Thank you so much for the time you're 

15 devoting to this important process, particularly those 

16 of you who are citizens and who have come here to share 

17 your views. 

18 Let me say just a few words of introduction 

19 and then we'll get started with your testimony. We're 

20 hearing today testimony on proposed new standards for 

21 vehicle emissions from passenger vehicles and some 

22 heavy duty vehicles, and the related standards for 
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1 sulfur and gasoline. These proposed standards, which 

2 we are calling Tier 3, would significantly reduce 

3 health-related pollution from new cars, SUVs, pickups, 

4 minivans, and large passenger vehicles, as well as from 

5 large pickups and vans, beginning in the 2017 model 

6 year. Once it is fully phased in, we expect the 

7 proposed Tier 3 program to prevent thousands of 

8 premature deaths and illnesses annually, for example, 

9 avoiding as many as 2,400 premature deaths each year, 

10 23,000 cases of respiratory ailments in children, and 

11 close to two million lost school days, lost workdays, 

12 and days of restricted activity every year once the 

13 program is fully phased in. 

14 These large health benefits would require 

15 significant new investments, primarily by the auto 

16 manufacturing and oil refining industries. We expect 

17 that auto makers would need to add an average of about 

18 $130 to the cost of a new vehicle for improved emission 

19 control systems, and refiners would need to invest an 

20 average of about a penny a gallon to reduce sulfur in 

21 their gasoline products to protect these emission 

22 controls for the full use for life of these vehicles. 
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1 However, we project that the annual health 

2 benefits of the program in dollar terms -- these are 

3 the benefits that we can monetize -- would be even 

4 larger, far exceeding these costs. We're estimating 

5 that the total health-related benefits in 2030 would be 

6 between $8 and $23 billion annually compared to an 

7 overall annual compliance cost that we are estimating 

8 at $3.4 billion. 

9 In designing these standards, we are 

10 following a proven formula that we've used in the past 

11 in which we consider both the vehicle and the fuel as 

12 an integrated system. Taken together, the elements of 

13 this proposed program can achieve the large health 

14 benefits that I just referenced. And we believe it 

15 will achieve these benefits at a reasonable cost to 

16 society. 

17 The auto companies and the fuel industry will 

18 have plenty of time to meet these standards which we've 

19 designed in a flexible way and which will be phased in 

20 over a number of years. As I noted, the requirements 

21 do not start until 2017, and the vehicle standards 

22 would phase in through the year 2025. 
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1 To further ease this path to compliance, 

2 we're composing flexibilities for both industries, 

3 including special economic hardship provisions, 

4 additional lead time for compliance that would also 

5 available to affected small business concerns. 

6 What do these standards do? Under the 

7 proposed standards, auto makers would reduce their 

8 tailpipe emissions of smog forming volatile organic 

9 compounds and nitrogen oxides by 80 percent. The 

10 standards would also establish a 70 percent tighter 

11 tailpipe standard for fine particle pollution and 

12 reduce fuel vapor emissions to near zero levels. To 

13 enable these stringent standards throughout their life, 

14 refiners would be required to reduce the sulfur levels 

15 in gasoline by more than 60 percent, down to 10 parts 

16 per million starting in 2017. 

17 One of the most important features of this 

18 program also means that all gasoline vehicles built 

19 prior to the new vehicle standards in 2017 will run 

20 cleaner on this new low sulfur gasoline, providing 

21 significant and immediate health benefits from day one. 

22 Part of the program, and this is all in the docket and 
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1 is available on our website, is a description and 

2 results of an extensive new testing program that EPA 

3 undertook to better understand the effects of sulfur on 

4 vehicle emissions, and it's on the basis of this 

5 extensive test program that we now understand much 

6 better the impacts of sulfur on vehicle emissions. 

7 These benefits matter, and they will help 

8 greatly the State efforts to reduce harmful levels of 

9 smog and soot, and enables the States and local air 

10 quality agencies to meet the National Ambient Air 

11 Quality Standards which are in place to protect public 

12 health. 

13 Another feature of this programs is that it 

14 aligns the requirements that auto makers have to make 

15 in the coming years so that they can design a vehicle 

16 that can be sold in all 50 States. The standards work 

17 together with the California clean vehicle and fuels 

18 program, and create a harmonized nationwide approach to 

19 reducing emissions from automobiles. 

20 In addition, we've designed the proposal to 

21 be implemented over the same time frame as our new 

22 greenhouse gas and fuel economy standards. So what 
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1 this means is auto makers will have one set of targets 

2 to meet from both California and the Federal government 

3 for a range of pollution, from greenhouse gas emission 

4 standards to these what we call criteria pollution 

5 standards, as well as air toxics. This is a huge 

6 benefit to the auto makers in that it provides them 

7 certainty over an extended period of time so they can 

8 design their products and invest in technology 

9 accordingly, and have a streamlined compliance process 

10 that enables them to create one vehicle that's 

11 available to all consumers nationwide. 

12 So this is a brief summary of our proposal. 

13 I encourage everyone to visit our website for any other 

14 information that you may need. The website has a wide 

15 range of information, including how to find materials 

16 on the public docket, the regulation themselves, and 

17 extensive discussion of the program. We have fact 

18 sheets out in the hall at the reception area as well as 

19 instructions on how to find this website and how to 

20 find this material and much more. 

21 So with that brief summary, let me share a 

22 bit of logistical information, and then we'll get 
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1 started. Because of the number of people who would 

2 like to speak today, we're asking you to limit your 

3 testimony to five minutes. We estimate that -- for 

4 everyone who has already signed up, this will take us 

5 well into the evening, so I'd ask your cooperation. 

6 We've provided some helpful indicator lights at the 

7 desk to help you time your presentation. Yellow means 

8 wrap it up. Red means shut up. 

9 [Laughter.] 

10 MR. GRUNDLER: And this will allow everyone a 

11 chance to present their views, which is important. 

12 You're welcome to leave any supplementary 

13 written material behind. And part of the instructions 

14 you'll find on the website is also how to make comments 

15 post today's hearing. The comment period will remain 

16 open through June the 13th. 

17 We will be here as long as it takes so that 

18 everyone can have their say. We're going to be using 

19 panels to speed up the process. The order is provided 

20 with the agenda at the reception table of these panels. 

21 If anyone is here that wishes to testify that has not 

22 already signed up, please do so at the reception table. 
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1 Whether you're testifying or not, we'd ask you to sign 

2 in so we know who's all here today. We'll be going 

3 straight through the panel with a few short breaks. 

4 Again, because of the numbers of organizations and 

5 people that would like to testify, we will not be able 

6 to respond to questions from the audience today, but 

7 you're welcome to leave them behind, and we will answer 

8 them by email. 

9 Now I'm going to read some text that my 

10 lawyers wish me to read: "We seek testimony and 

11 comments on all aspects of our proposed rule. We're 

12 conducting this hearing in accordance with Section 

13 307(d)(5) of the Clean Air Act, which requires EPA to 

14 provide interested persons an opportunity for oral 

15 presentation of data, views, or arguments, in addition 

16 to an opportunity to make written submissions. 

17 After today, we will keep the official record 

18 of this hearing open through June 13th, 2013, for 

19 submission of any rebuttal or supplementary 

20 information. 

21 We will conduct this hearing informally and 

22 formal rules of evidence will not apply. As presiding 
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1 officer, however, I am authorized to strike statements 

2 from the record which are deemed irrelevant or 

3 needlessly repetitious, and to enforce reasonable 

4 limits on the duration of the statement of any 

5 witness." 

6 If you would like a transcript of today's 

7 proceedings, you should make arrangements directly with 

8 the court reporter sitting behind us during one of the 

9 breaks. We'll also make the transcripts available on 

10 our website and in the public document for the 

11 rulemaking. 

12 So with that, I think we're ready to get 

13 started. Let me ask the first panel to take your 

14 seats. And if you will, please write your name on that 

15 blank card at the corner of the table in front of you. 

16 It will help us and the audience. I'd ask each 

17 panelist to please state his or her name and 

18 affiliation, and please speak slowly and clearly so our 

19 court reporter can record these proceedings accurately. 

20 When the witnesses on the panel have finished their 

21 presentations, we'll have an opportunity to ask 

22 clarifying questions related to your testimony. 
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1 Witnesses are reminded that any false 

2 statements or false responses to questions may be a 

3 violation of law. 

4 We will try to accommodate everyone who would 

5 like to testify. 

6 Thank you, and as soon as our panel is 

7 seated, we will proceed. And I'm going to ask Mr. Paul 

8 Billings of the American Lung Association to lead us 

9 off. Paul? 

10 MR. BILLINGS: Good morning. I am Paul 

11 Billings, Senior Vice President for Advocacy and 

12 Education at the American Lung Association. On behalf 

13 of the 34 million people with chronic lung disease, I 

14 urge the Environmental Protection Agency to adopt the 

15 final Tier 3 motor vehicle emissions and fuel standards 

16 by the end of this year. 

17 Released earlier today, our annual state of 

18 the air report shows 132 million people currently live 

19 in counties with unhealthy levels of air pollution, 

20 areas that get failing grades. Today you will hear 

21 from some who will question the benefits of more 

22 protective standards or widely exaggerate costs. We 
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1 have heard these outlandish claims for decades, and 

2 each time such claims are proven false, and the 

3 underlying analyses flawed. 

4 EPA's job is clear: set cleaner gasoline and 

5 vehicle standards, protect the public health, 

6 especially the most vulnerable: our children, older 

7 adults, and those with chronic lung and heart disease. 

8 The Clean Air Act grants EPA the authority to set 

9 standards for vehicles and fuels and to reduce air 

10 pollution that threatens public health under Section 

11 211. The Clean Air Act grants the EPA administrator 

12 the authority to limit the sulfur and gasoline which 

13 reduces the efficiency of emission control 

14 technologies, and leads to greater tailpipe pollution. 

15 When pollution from motor vehicles endangers public 

16 health, Section 202 of the Act requires the EPA 

17 administrator to take necessary action. 

18 Although we have made progress in the U.S. 

19 towards healthier air, the air we breathe is still 

20 making millions of Americans sick. Pollution from 

21 motor vehicles is a major contributor to ozone and 

22 particulate matter. These pollutants trigger asthma 
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1 attacks, worsen existing conditions, such as chronic 

2 obstructive pulmonary disease, diabetes, harms heart 

3 and lung health, and can lead to early death. 

4 As the American Lung Association noted in our 

5 recently released report, "A Penny for Prevention: The 

6 Case for Cleaner Gasoline and Vehicle Standards," the 

7 health benefits of this systems approach, cleaner 

8 gasoline and tailpipe standards, are significant. 

9 Cleaner gasoline provide immediate reductions from the 

10 existing fleet of vehicles, and the improved vehicle 

11 standards will ensure auto makers continue to develop 

12 and sell new cleaner burning vehicles. 

13 Our analysis estimates that by 2030, the 

14 standards under consideration today will prevent more 

15 than 2,500 premature deaths and more than 15,000 asthma 

16 attacks each year. The standards will provide up to 

17 $22 billion in economic and health benefits annually by 

18 2030, increase productivity by preventing more than 3.3 

19 million days of missed work and school. And these 

20 benefits are conservative. Our analysis only looked at 

21 the eastern half of the United States. The actual 

22 benefits could be much higher. 
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1 As reported by the Health Effects Institute 

2 in 2010, near roadway exposure to traffic pollution is 

3 high and affects a larger population than previously 

4 thought. Their analysis showed a causal relationship 

5 between traffic-related air pollution and asthma 

6 exacerbations in children. The HEI reports that 30 to 

7 45 percent of people living in large North American 

8 cities live within 300 to 500 meters of a highway or 

9 major road, zones that are most heavily impacted by 

10 traffic pollution. 

11 To reduce exposure to this toxic brew of 

12 traffic-related pollutants, including particulate 

13 matter, we encourage the EPA to set the tightest 

14 tailpipe standards for non-methane organic gasses, 

15 nitrogen oxides, and particulate matter, and the lowest 

16 possible downstream cap for sulfur. We will submit 

17 detailed comments on how to specifically strengthen the 

18 proposal in writing. 

19 My wife and I are blessed to have two healthy 

20 and active daughters. Soccer, lacrosse, and track are 

21 their competitive sports. Like every parent, every 

22 individual breeze, I care deeply about the quality of 
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1 the air my family and I breathe. Last year, my younger 

2 daughter was diagnosed with exercise-induced asthma. 

3 Her high school is adjacent to I-495, Washington's 

4 capital beltway. Air pollution from vehicles and the 

5 resulting smog and soot are a real and direct threat to 

6 her health and the health of her teammates. 

7 In my wife's fifth grade class, there are far 

8 too many children with asthma. We must protect all of 

9 the children, whose lungs are still developing, and all 

10 the vulnerable populations from air pollution. 

11 The American Lung Association applauds the 

12 U.S. EPA's effort to cut life threatening tailpipe 

13 pollution through the long-awaited cleaner gasoline and 

14 vehicle standards. To save lives and protect public 

15 health, these standards must be finalized no later than 

16 the end of this year. 

17 Thank you for the opportunity to speak in 

18 support of these critical safeguards. 

19 MR. GRUNDLER: Thank you, Mr. Billings. 

20 Mr. Solomon? 

21 MR. SOLOMON: Thank you and good morning. My 

22 name is Matt Solomon. I'm Transportation Program 
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1 Manager for the Northeast States for Coordinated Air 

2 Use Management. NESCAUM is the association of air 

3 pollution control agencies in Connecticut, Maine, 

4 Massachusetts, New Hampshire, New York, New Jersey, 

5 Rhode Island, and Vermont. I'm speaking today in 

6 recognition of the air quality public health and 

7 environmental benefits that will accrue in our region 

8 if EPA promulgates the rule, the Tier 3 regulation. 

9 I'd also like to recognize and thank you and 

10 your staff for the incredible diligence and hard work 

11 that you've put into this important rulemaking. 

12 NESCAUM and our member states are committed 

13 to clean vehicles as evidenced by the adoption of the 

14 California low emission vehicle standards in seven of 

15 our member states. While Tier 3 vehicle emission 

16 standards would not directly affect emissions from new 

17 vehicles sold in these States, it would reduce 

18 pollution transported from neighboring regions, and 

19 ensure that out of state vehicles operating within our 

20 region have comparably low emission characteristics. 

21 More importantly, the Tier 3 fuel standards 

22 would improve air quality in the northeast by 
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1 significantly reducing emissions from the existing 

2 fleet. By harmonizing vehicle emission standards with 

3 those in the California program, Tier 3 would 

4 facilitate compliance by automobile manufacturers, 

5 enabling them to harness economies of scale by 

6 deploying advanced emission control technologies in all 

7 new vehicles sold nationwide. 

8 While Tier 2 vehicles are significantly 

9 cleaner than their predecessors, motor vehicles remains 

10 the largest source of ozone forming pollutants in the 

11 region. As early as 2007, EPA recognized the 

12 importance of Tier 3 standards to help States meet the 

13 NAAQS for ozone, and it is late in delivering the much 

14 needed reductions from the light duty vehicle sector. 

15 It is both feasible and appropriate to set new Federal 

16 exhaust and evaporative emission standards and clean 

17 gasoline requirements comparable to those already in 

18 place in California. 

19 The low sulfur gasoline provisions in the 

20 proposed Tier 3 rule would provide critical air 

21 quality, public health, and environmental benefits in 

22 the northeast. Cleaner gasoline allows pollution 
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1 control equipment on cars and trucks to operate more 

2 effectively and can significant reduce oxides of 

3 nitrogen and other vehicle emissions. The introduction 

4 of 10 parts per million sulfur gasoline would result in 

5 a very large and nearly immediate reduction in NOx 

6 emissions from the existing fleet of gasoline vehicles. 

7 Lower sulfur gasoline also facilitates the 

8 deployment of advanced technologies to improve fuel 

9 economy and reduce greenhouse gas emissions, which 

10 would help mitigate the impacts of climate change, 

11 reduce gasoline consumption, and save consumers money. 

12 Motor vehicles are the Northeast's largest 

13 source of NOx, which is the most important contributor 

14 to elevated regional ozone concentration and an 

15 important precursor to find particulate matter 

16 formation. These pollutants are responsible for tens 

17 of thousands of premature death, hospital emissions, 

18 and lost work and school days in the U.S. annually. 

19 Reductions in NOx associated with the Tier 3 

20 rule would also help States meet the new nitrogen 

21 dioxide NAAQS and reduce environmental impacts of acid 

22 rain, coastal marine eutrophication, and regional haze. 
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1 National and regional NOx controls, including those 

2 from motor vehicles, have proven to be extremely 

3 effective in lowering ambient levels of ozone in the 

4 eastern U.S. NESCAUM estimates that the Tier 3 low 

5 sulfur gasoline provisions alone would reduce NOx 

6 emissions in the eastern U.S. by more than 175,000 tons 

7 per year. These NOx reductions would benefit air 

8 quality and public health in the northeast by lowering 

9 the ozone reservoir that forms in the eastern U.S., and 

10 by reducing the amount of low level NOx emissions and 

11 pollutants derived from NOx that are transported into 

12 the northeast Mid-Atlantic region. 

13 Even with the projected benefits associated 

14 with the programs currently in effect, many of our most 

15 populous areas are predicted to be a non-attainment 

16 area for the current 75 part per billion ozone max in 

17 2015. Attaining the standard in these areas will 

18 require additional NOx reductions within our region, as 

19 well as in upwind areas that contribute to the region's 

20 pollution burden. 

21 Tier 3 is the most significant strategy the 

22 Federal government could implement to help States 
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1 attain and maintain the NAAQS for ozone. The combined 

2 near-term benefits of the low sulfur gasoline 

3 provisions and the increasing benefits of the tailpipe 

4 standards would help areas that need additional 

5 reductions to attain and assist other areas to stay in 

6 attainment. 

7 According to the petroleum industry's own 

8 estimates, the Tier 3 program would monthly decrease 

9 eight-hour ozone by up 1.2 part per billion in 2022. 

10 Although proponents of the proposed rule characterize 

11 this reduction as insignificant, in fact, it is very 

12 substantial and greater than could be achieved by any 

13 other known practical measure in the same time frame. 

14 Further, the benefits of the new emission standards 

15 would increase over time with fleet turnover. 

16 Reductions not achieved through the Tier 3 program and 

17 other Federal measures would have to come from 

18 additional controls on local sources. 

19 I'd like to quickly mention two other 

20 provisions that would contribute to improved air 

21 quality and reduce public exposure to toxic 

22 contaminants in gasoline: reducing evaporative 
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1 emissions to near zero levels from all affected 

2 vehicles as is currently the case with hundreds of 

3 thousands of California certified vehicles on the road 

4 in the northeast. In addition, the use of -- the 

5 requirement to use a gasoline ethanol blend in place of 

6 indolene would ensure that certification testing more 

7 accurately reflects emissions from in-use vehicles. 

8 Thank you very much. 

9 MR. GRUNDLER: Thank you, Matt. 

10 Next I'd like to ask Mr. Tim Hogan to provide 

11 his comments. Mike Stanton, you're on deck. 

12 MR. HOGAN: Good morning. I'm Tim Hogan, 

13 Director of Motor Fuels at the American Fuel and 

14 Petrochemical Manufacturers. The AFPM is a trade 

15 association representing high technology American 

16 manufacturers of virtually the entire U.S. supply of 

17 gasoline, diesel, jet fuel, other fuels, and home 

18 heating oil, as well as the petrochemicals used as 

19 building blocks for thousands of products vital to 

20 everyday life. 

21 EPA proposes that refiners further lower the 

22 amount of sulfur from gasoline despite the fact that 
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1 our industry already removed 90 percent since 2004. 

2 The remaining incremental reduction of trace amounts of 

3 sulfur will cost refiners almost as much as the Tier 2 

4 reduction 10 years ago, which removed 15 times more 

5 sulfur than the proposed Tier 3 regulation would 

6 require. 

7 A Baker and O'Brien analysis estimates that a 

8 gasoline sulfur content reduction will cost refiners 

9 $10 billion in capital costs, and $2.4 billion per year 

10 in operating costs, increasing the cost of producing 

11 gasoline by six to nine cents per gallon. We know that 

12 mobile source emissions have declined because of the 

13 Tier 2 standards, and this will continue because not 

14 all cars and light duty trucks in the current fleet are 

15 Tier 2 vehicles. However, the estimated air quality 

16 benefits of Tier 3 will be much smaller than Tier 2. 

17 For ozone, this reduction is estimated to be no more 

18 than .05 parts per billion by 2022. 

19 The Agency claims that this proposed Tier 3 

20 standard is necessary for States to attain the existing 

21 ozone NAAQS. Last year, EPA promulgated nonattainment 

22 areas for the 2008 ozone NAAQS. Most -- 36 are 
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1 marginal out of 46 total nonattainment areas -- must be 

2 in compliance by 2015 based on monitoring data for 

3 2013, 2014, and 2015. Tier 3 will not help these 36 

4 marginal nonattainment areas because it will not be 

5 effective before 2017. 

6 We believe that there should be at least five 

7 years between the promulgation of a Tier 3 rule that 

8 includes reduction in the sulfur content, gasoline, and 

9 its effective date. Refiners need this lead time to 

10 schedule equipment modifications or the installation of 

11 new equipment during a turnaround. Otherwise refiners 

12 may be temporarily shut down with the associated supply 

13 impacts. 

14 Tier 3 is not required by law, and the 

15 selection of 2017 is arbitrary. If the EPA promulgates 

16 a reduction in the sulfur content of gasoline in late 

17 2013, then the effective date should not be earlier 

18 than 2019. The AFPM recommends that the current 

19 refinery gate cap for gasoline remain at 80 ppm sulfur. 

20 This would not interfere with an engine technology. 

21 Even the Agency has proposed that 80 ppm is prudent for 

22 2017 to 2019. 
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1 The AFPM supports a new certification fuel. 

2 Indolene should be replaced with E10, not E15. Almost 

3 all gasoline today is E10. It is speculative to expect 

4 that E15 will be the predominant fuel in 2017. The 

5 current certification fuel in California is E10, and 

6 one of the stated goals of this proposal is 

7 harmonization with California standards. 

8 New regulations can actually create conflicts 

9 with existing regulations. These conflicts could 

10 jeopardize a refiner's ability to comply with federal 

11 formulation regulations. Refiners will often have to 

12 make modifications to operations that are necessary to 

13 make clean fuels. Such upgrades could trigger 

14 greenhouse gas emissions regulations, putting these 

15 projects in jeopardy. 

16 Incongruously, as a result of the required -- 

17 requiring the refiner industry to install energy 

18 intensive equipment to reduce additional sulfur, the 

19 Baker and O'Brien analysis estimates the greenhouse gas 

20 emissions will increase by one to 2.3 percent in 

21 refineries as a result of this proposal. 

22 The Administration needs to understand that 
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1 further gasoline sulfur reduction will cause an 

2 increase in emissions at the refineries. In this 

3 instance, mandating lower sulfur fuels under the Clean 

4 Air Act will require facilities to install advanced 

5 technologies that increase energy use for the 

6 formulation of increasingly complex motor fuels. For 

7 example, sulfur is a component of crude oil. Hydro 

8 treating is the principle technology used to reduce 

9 sulfur and petroleum products. This and other 

10 technologies in turn require significant additional 

11 energy consumption with associated greenhouse gasses 

12 and other emissions. 

13 The production of extra hydrogen necessary 

14 for the hydro treater results in an increase in GSG 

15 emissions because the hydrocarbon source must be 

16 cracked to remove the hydrogen, releasing large amounts 

17 of CO2. Therefore, the proposed gasoline sulfur 

18 reduction standard will increase the carbon footprint 

19 at refineries. 

20 The AFPM has requested that the public 

21 comment period for the Tier 3 rulemaking be extended 

22 beyond June 13. There are hundreds of documents in the 
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1 docket, and additional time is necessary for a 

2 comprehensive review. AFPM recommends 90 days after 

3 publication of this proposal in the Federal Register. 

4 Thank you. 

5 MR. GRUNDLER: Right on time. Thank you, Mr. 

6 Hogan. 

7 Mr. Stanton? 

8 MR. STANTON: Yes, good morning. My name is 

9 Mike Stanton. I'm President and CEO of the Association 

10 of Global Auto makers. We represent 15 international 

11 motor vehicle manufacturers, a number of original 

12 equipment suppliers, and other automotive related trade 

13 associations. 

14 And it's hard to believe it's been nearly a 

15 year and a half since we were here in Philadelphia 

16 providing testimony on the proposed standards for 

17 greenhouse gas emissions and fuel economy. And in that 

18 testimony, we emphasized the need for uniformity. Auto 

19 makers need to be able to manufacture and sell vehicles 

20 that are compliant in all 50 States. The benefits of 

21 producing one fleet for sale in all 50 States is 

22 critically important and provides real and significant 
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1 health and environmental benefits for our Nation. 

2 Today we have returned to consider another of 

3 the President's goals: to reduce criteria pollutant 

4 emissions under the Tier 3 rule. Global auto makers 

5 and its members have supported the Administration's 

6 effort to develop these standards. And while 

7 challenging, the proposed standards are feasible and 

8 provide the necessary flexibility and lead time. 

9 But these standards cannot be met with 

10 vehicle changes alone, and the Tier 3 proposal 

11 recognizes another critical component in reducing 

12 vehicle emissions, and that is fuel quality, or, more 

13 specifically, the sulfur content in gasoline. We 

14 believe the proposed fuel standards for a nationwide 

15 supply of clean, ultra-low sulfur gasoline is critical 

16 for auto makers to meet the new and highly stringent 

17 vehicle emission standards. We support the 10 parts 

18 per million average and a low cap for sulfur and 

19 gasoline. 

20 Ultra-low sulfur gasoline has been available 

21 in California for years, and the ability to comply with 

22 emissions standards in California is premised on the 
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1 use of such fuel, recognizing the need to treat the 

2 vehicle and the fuel as a system. In addition to 

3 needing ultra-low sulfur fuel to achieve the proposed 

4 emission standards, ultra-low sulfur fuel is also 

5 critical to auto manufacturers' effort to meet the 

6 combined 54.5 miles per gallon fuel economy and 

7 greenhouse gas emission standards by 2025. And, most 

8 importantly, the ultra-low sulfur fuel will provide 

9 immediate and substantial public health benefits from 

10 the existing fleet of nearly 250 billion vehicles on 

11 the road today. 

12 According to the National Association of 

13 Clean Air Agencies, the impact on the fleet is 

14 equivalent to taking over 30 million vehicles off the 

15 road. And today vehicles are lasting longer, and the 

16 average age of all vehicles on the road is 11 years. 

17 While the proposed standards will be another great step 

18 in reducing the fleet's emissions, it will take time 

19 for fleet turnover to fully realize the benefits. In 

20 the meantime, the ability to immediately and directly 

21 reduce emissions from the vehicles on the road today by 

22 reducing sulfur and gasoline cannot be matched. 
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1 Thank you. 

2 MR. GRUNDLER: Thank you. 

3 Mr. McCulloch, you're next. 

4 MR. MCCULLOCH: Thank you and good morning. 

5 I want to thank the distinguished members of the panel 

6 for hosting this session today. My name is Rob 

7 McCulloch, and I'm Senior Policy and Legislative 

8 Advocate for the BlueGreen Alliance. 

9 The BlueGreen Alliance is a national 

10 partnership of America's largest labor unions and 

11 environmental organizations. Our partners include the 

12 United Autoworkers, United Steelworkers, and IUECWA, 

13 with deep membership in the auto industry, the supply 

14 chain, and the refining industry. Our environmental 

15 partners include the Sierra Club, NRDC, and the Union 

16 of Concerned Scientists, many of whom are here today to 

17 provide resounding testimony at this session. 

18 We'd first like to commend the Obama 

19 Administration and, specifically, the Environmental 

20 Protection Agency, for their outstanding leadership on 

21 reducing air pollution from passenger vehicles and 

22 trucks through a variety of innovative programs. 
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1 The Tier 3 program enhances a comprehensive 

2 Federal approach, making our vehicles more energy 

3 efficient and less polluting, to include a strong 

4 tailpipe rule established last year that will nearly 

5 double fuel efficiency of passenger vehicles by 2025 to 

6 54.5 miles per gallon. Also, the first every heavy 

7 duty standard, which by 2018 will improve commercial 

8 truck efficiency, between seven and 25 percent among 

9 classes. Since pollution reduction is strongly 

10 commensurate with efficiency gains, these efforts will 

11 also provide significant benefits to air quality and 

12 greenhouse gas mitigation. 

13 The Tier 3 program takes these measures a 

14 step further by reducing levels of harmful pollutants 

15 to include nitrous oxides, carbon monoxide, and 

16 particulate pollution, which have a direct impact on 

17 public health. America's working families deal 

18 firsthand with the impacts of dirty air in terms of 

19 missed work and school days, increased medical costs, 

20 and long-term health effects. 

21 The BlueGreen Alliance strongly supports the 

22 proposed Tier 3 program since in addition to cleaning 
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1 our air and reducing harmful pollution, the cleaner 

2 fuels established in the program will help the 

3 automotive industry meet the ambitious goal of doubling 

4 fuel efficiency over the next decade. 

5 Cleaner fuel makes emission systems more 

6 effective for both new vehicles and those currently in 

7 operation. In addition, making cleaner fuels widely 

8 available will help facilitate the development of new 

9 cost-effective technologies that will further improve 

10 fuel economy and greenhouse gas mitigation, ultimately 

11 saving consumers money. 

12 The automotive industry has added more than 

13 200,000 jobs since 2009, and the U.S. auto market has 

14 had three consecutive years of double digit growth due 

15 in large part to rising demand for these cleaner cars 

16 in the market. "Gearing Up," our report last year by 

17 the BlueGreen Alliance and the American Council for an 

18 Energy Efficient Economy, estimated that meeting the 

19 54.5 mile per gallon rule will create more than 500,000 

20 jobs through the U.S. economy by 2030. Building 

21 cleaner, more efficient cars creates jobs by sending 

22 money otherwise spent on fuel back into the U.S. 
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1 economy, and also through the development and 

2 production of new, more efficient vehicle components. 

3 The Tier 3 standard will only bolster the 

4 auto industry's ability to meet a strong fuel 

5 efficiency standard and generate these net positive 

6 economic outcomes. Implementation of Tier 3 will also 

7 have a positive economic impact in other sectors as 

8 well. 

9 A report published last year by Navigant 

10 Economics found that on the demand side, gasoline 

11 prices to consumers would be negligible. On the supply 

12 side, upgrading refineries could create more than 

13 20,000 construction jobs and more than 5,000 jobs in 

14 refinery operations over the next three years of 

15 implementation. 

16 Additionally, the program includes critical 

17 elements that will allow refiners to deliver cleaner 

18 fuels to the market in an economical and timely manner, 

19 as well as provisions that ensure smaller manufacturers 

20 and refiners can reach compliance without unfair 

21 burden. It is critical to provide a mechanism like 

22 this to help industries transition to a cleaner 
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1 regulatory framework. For example, the advanced 

2 technology vehicle manufacturing loan program has 

3 created or sustained more than 40,000 jobs in the auto 

4 sector advancing fuel saving technologies. 

5 We continue to -- we support the continued 

6 viability of ATBM and programs like it as a complement 

7 to efficiency and pollution standards like the 2025 

8 tailpipe standard and the proposed Tier 3 rule. As the 

9 Administration finalizes this innovative program, the 

10 BlueGreen Alliance looks forward to continuing our 

11 engagement with EPA and other stakeholders to implement 

12 the strong standard. 

13 American innovation and smart policies like 

14 Tier 3 will contribute significantly to healthier 

15 families, cleaner skies, a strong auto industry, and 

16 more opportunity for workers throughout the economy. 

17 The BlueGreen Alliance partnership is committed to 

18 demonstrating that cleaner cars and cleaner fuels are 

19 win-wins for America. 

20 Thank you for your time. 

21 MR. GRUNDLER: Thank you. 

22 Mr. Kubsh, you're next. 
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1 DR. KUBSH: Good morning. My name is Dr. Joe 

2 Kubsh. I'm the Executive Director of the Manufacturers 

3 of Emission Controls Association, or MECA. MECA is 

4 pleased to provide comments in support of EPA's 

5 proposed Tier 3 light duty vehicle emission and fuel 

6 standards. These proposals when finalized will reset 

7 the bar for state of the art exhaust and evaporative 

8 emission controls for light duty vehicles through 2025. 

9 The proposals also require the oil industry to produce 

10 and sell ultra-low sulfur gasoline that will result in 

11 immediate and significant emission reductions from the 

12 hundreds of millions of light duty vehicles operating 

13 every day on America's highways, and ensure future fuel 

14 efficient gasoline vehicles can comply with EPA's 

15 proposed Tier 3 emission limits. 

16 MECA applauds EPA for developing a Tier 3 

17 proposal that will establish a national set of exhaust 

18 and evaporative emission standards by largely 

19 harmonizing their proposal with California's LEV III 

20 requirements. MECA is a non-profit association of the 

21 world's leading manufacturers of emission control 

22 technology for mobile sources. Our members have over 
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1 40 years of experience and a proven track record in 

2 developing and manufacturing emission control 

3 technology for a wide variety of on road and off road 

4 vehicles. 

5 The mobile source emission control industry 

6 has general hundreds of billion dollars in U.S. 

7 economic activity since 1975, and supports 

8 approximately 65,000 U.S. jobs, mostly in product 

9 development and manufacturing. 

10 MECA agreed with EPA staff assessment that 

11 achieving the proposed Tier 3 exhaust and evaporative 

12 mission standards and associated emission reductions 

13 are both technically feasible and cost effective. This 

14 fact is clearly demonstrated by more than two million 

15 super ultra-low emission vehicle and partial zero 

16 emission vehicle compliant light duty vehicles that 

17 have been sold in the U.S. market since these near zero 

18 emission gasoline vehicles were first introduced more 

19 than 10 years ago. 

20 This technology base of advanced three-way 

21 catalyst, exhaust hydrocarbon absorbent materials, high 

22 cell density sub straits, emission system thermal 
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1 management strategies, secondary air injection systems, 

2 advanced carbon canisters, advanced low fuel permeation 

3 materials, and air intake hydrocarbon absorbent 

4 materials that have already been commercialized for a 

5 variety of PZEV gasoline vehicle applications can be 

6 extended and further optimized to allow all light duty 

7 and medium duty gasoline vehicles to achieve the 

8 exhaust and evaporative mission reductions needed to 

9 comply with the Tier 3 proposals. 

10 In addition, advanced diesel emission control 

11 technologies, including diesel particulate filters, 

12 lean NOx absorbers, and selected catalytic reduction 

13 catalysts, will be combined with future advanced diesel 

14 engines to allow light duty diesel vehicles to achieve 

15 the proposed Tier 3 emission limits, including EPA's 

16 proposed Tier 3, Bin 30 exhaust standards. 

17 A critically important element to ensuring 

18 that the future gasoline vehicles will be able to 

19 comply with these proposed Tier 3 emission limits is 

20 EPA's proposed reduction of gasoline fuel sulfur levels 

21 to a 10 ppm national average starting in 2017. 

22 Numerous published studies have documented fuel sulfur 
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1 related deactivation of three-way catalysts that are 

2 the primary exhaust emission control technology used on 

3 light duty and medium duty gasoline vehicles. 

4 As Mr. Grundler stated, EPA has released a 

5 thorough and well-designed sulfur effect study on 81 

6 in-use Tier 3 light duty gasoline vehicles that clearly 

7 show significant reductions in criteria pollutants in 

8 comparing emission performance on gasoline with 28 ppm 

9 sulfur versus five ppm sulfur. 

10 Work authored by Umicore in a 2011 Society of 

11 Automotive Engineers Technical Paper shows similar 

12 significant emission benefits on a 2000 model year PZEV 

13 vehicle, operated with three ppm sulfur gasoline versus 

14 33 ppm sulfur gasoline. In a MECA study published in a 

15 2007 SAE paper, an advanced three-way catalyst system 

16 installed on a large V-8 powered SUV showed clear 

17 evidence of sulfur deactivation and successive FTP 

18 testing with aged catalysts using 17 ppm sulfur 

19 gasoline. 

20 FTP emissions for this full-size SUV started 

21 at the proposed Tier 3, Bin 50 levels, and increased to 

22 slightly above proposed Bin 70 levels by the third FTP 
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1 test, and emissions increased more than 80 percent over 

2 three FTP tests. 

3 Sulfur deactivation of three-way catalysts 

4 negatively impacts the active precious metal catalysts, 

5 oxygen storage materials, and other activity promoters 

6 found in these sophisticated catalysts. The coverage 

7 and negative impacts of sulfur poisons on three-way 

8 catalysts depends in part on the temperature history of 

9 the catalytic converters found on the vehicle. Exhaust 

10 temperatures are expected to COO in the future as 

11 manufacturers reduce vehicle waste heat to meet future 

12 vehicle fuel efficiency and greenhouse gas standards. 

13 These cooler converter operating temperatures 

14 cause catalysts to accumulate higher amounts of sulfur 

15 poisons with today's gasoline sulfur levels, resulting 

16 in higher emission levels of pollutants like 

17 hydrocarbons and NOx. 

18 MR. GRUNDLER: Time is up, Joe. 

19 DR. KUBSH: Thank you. 

20 MR. GRUNDLER: Mr. Minott, you have the last 

21 word on this panel. 

22 MR. MINOTT: Thank you. My name is Joe 
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1 Minott, M-I-N-O-T-T, and I'm the Executive Director of 

2 the Clean Air Council headquartered here in 

3 Philadelphia. 

4 I welcome you to Philadelphia and thank you 

5 for allowing me this opportunity to testify today. It 

6 is particularly fitting that the EPA is holding this 

7 hearing in Philadelphia, home to the Philadelphia 

8 refinery that used to be known as a Sunoco refinery, 

9 which supplies the East Coast with roughly one-quarter 

10 of its gasoline. 

11 More than one in three Americans still live 

12 in the areas where air pollution levels exceed at least 

13 one Federal health standard, and automobiles are a 

14 major part of the problem. NOx is the most important 

15 contributor to elevated ozone levels throughout the 

16 northeastern United States, and is the key precursor to 

17 find particulate matter formation. 

18 The standards for controlling soot pollution 

19 from passenger vehicles are key to reducing the health 

20 impacts of poor air quality, including asthma attacks, 

21 respiratory problems, and premature death. Labor, 

22 environmental health advocates, environmental justice 
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1 advocates, car manufacturers, and consumer groups all 

2 support the proposed rule. The oil industry, which has 

3 historically vastly over-estimated the cost of 

4 compliance with environmental regulations, stands alone 

5 in opposing the rule. 

6 The proposed rule is particularly important 

7 for the Council's environmental justice work in 

8 Philadelphia's low income communities. Please remember 

9 as you listen today to the many voices for or against 

10 this proposed rule that you are being hosted in 

11 Philadelphia, the American city with the highest rate 

12 of deep poverty, people with incomes below half of the 

13 poverty line of any of the Nation's 10 most populous 

14 cities. 

15 The reason I mention this fact at the start 

16 of my testimony is that members of low income 

17 neighborhoods live closest to refineries and major 

18 highways. These are also the neighborhoods that have 

19 the highest asthma rates and the least access to health 

20 care. These are the neighborhoods most in need of the 

21 environmental benefits provided by this rule. 

22 The Council applauds EPA's efforts to propose 
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1 the Tier 3 rules. The proposed rules will reduce the 

2 allowable amount of sulfur and gasoline, and will help 

3 an automobile's pollution control system work more 

4 efficiently, which, in turn, would allow it to trap 

5 more pollution from emitting into the ambient air. 

6 More specifically, the proposed rules would 

7 reduce the refinery annual average sulfur limit in 

8 gasoline from 30 parts per million to 10 parts per 

9 million, which is a 66 percent reduction. And further, 

10 the rules would reduce the fuel vapor emissions to 

11 nearly nothing. According to the Union of Concerned 

12 Scientists, the expected air pollution reductions from 

13 the proposed rules are equivalent to removing 33 

14 million cars from the road. 

15 The proposed rules are cost effective. 

16 Please keep in mind that the American public has been 

17 subsidizing the cost of gasoline by not forcing 

18 refineries to account for the public health and 

19 environmental harm caused by dirty gasoline. While the 

20 rules may raise the cost of gasoline by a mere penny 

21 per gallon, the rules are estimated to produce up to 

22 $23 billion in health benefits by 2030. 
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1 EPA estimates that the proposed rules would 

2 prevent up to 2,400 premature deaths, 3,200 hospital 

3 visits, and 22,000 asthma attacks a year. Furthermore, 

4 the proposed rules would bring the United States as a 

5 whole in line with gasoline sulfur levels already being 

6 achieved in Japan, South Korea, and most of Europe, as 

7 well as the State of California, which is in the United 

8 States for those that don't know that. 

9 [Laughter.] 

10 MR. MINOTT: The proposed rules will also 

11 have an economic benefit. Operating and maintaining 

12 new refining equipment will create over 5,000 permanent 

13 jobs, and installing new refining equipment will create 

14 more than 24,000 new jobs over the next three years. 

15 These are good paying American jobs. 

16 NOx reductions from this proposed rule will 

17 benefit public health and reduce damage caused by acid 

18 deposition, reduce coastal rain eutrophication, and 

19 reduce visibility impairment. Not a bad deal. 

20 The Council applauds EPA's proposed reduction 

21 of the annual average sulfur limits from 38 to 10 parts 

22 per million. I'm going to skip this. 
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1 The Alliance of Automobile Manufacturers, 

2 which includes BMW Group, Ford Motor Company, and 

3 others, has publicly stated that it supports "the 

4 lowest possible sulfur content at retail for uniformity 

5 at the pump for planning future technologies, and also 

6 to get the immediate benefit of existing vehicles as 

7 well as future ones, reducing sulfur poisoning of the 

8 catalyst and, therefore, minimizing exhaust emissions 

9 of the vehicle." 

10 Bill Becker, the Executive Director of the 

11 National Association of Clean Air Agencies, a man not 

12 given to hyperbole, stated, "There is not another air 

13 pollution control strategy that we know of that will 

14 produce as substantial, cost effective, and expeditious 

15 emission reductions." 

16 Thank you. 

17 MR. GRUNDLER: Thank you very much. Let me 

18 see if my colleagues have any questions for the panel. 

19 [No response.] 

20 MR. GRUNDLER: Thank you very much. Let me 

21 invite panel number two to come up. 

22 Panel two consists of Tim Johnson -- at least 
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1 you didn't know, Tim, we added you -- Frank O'Donnell, 

2 Kevin Stewart, Patrick Kelly, Phillip Blakeman, Julie 

3 Becker, Jennifer McIntyre, Allison Chin, and Luke 

4 Tonachel. Welcome. Please fill out your place card. 

5 Mr. O'Donnell, why don't you lead us off? 

6 MR. O'DONNELL: I'd be delighted. Thank you 

7 very much. Good morning. I'm Frank O'Donnell, 

8 President of Clean Air Watch, a national non-profit 

9 organization aimed at promoting clean air cheaply 

10 through education. 

11 Clean Air Watch is delighted to be here to 

12 support EPA's Tier 3 proposal. When it comes to clean 

13 air, this is the mother of all no-brainers. This plan 

14 would mean cleaner air and better health. Indeed we 

15 believe this is the single most effective step the EPA 

16 can take right now to reduce dangerous smog levels 

17 around the Nation. It would be like taking 33 million 

18 cars off the road. 

19 This plan would also reduce deadly particle 

20 soot pollution, reduce asthma attacks, premature death, 

21 create thousands of jobs, and enable technologies to 

22 help us get better gas mileage, all for a cost that 
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1 credible studies put at a mere penny a gallon for 

2 gasoline. I think we'd all agree a penny is a pittance 

3 to pay for cleaner air. 

4 There's no wonder this plan is supported by 

5 such a broad and diverse group: public health groups, 

6 environmental, consumer, science groups, State and 

7 local environmental officials, the auto industry both 

8 domestic and foreign, the makers of pollution control 

9 equipment, the United Auto Workers. Clean Air Watch is 

10 delighted to be in such esteemed company. Indeed, 

11 every relevant stakeholder group supports this 

12 initiative with one exception: the oil industry and 

13 some allied alleged think tanks that some might refer 

14 to as front groups. 

15 I'll just note that they're wrong. You're 

16 going to hear today, I believe, from Navigant, who's 

17 going to critique some of the oil industry's current 

18 cost projections on this study, so I will hope that 

19 you'll listen carefully and then leave it to them. But 

20 I'd like to look at some of the past examples of what I 

21 would call crying wolf by the oil industry. Let's 

22 consider a few examples where they've been wrong. 
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1 When EPA proposed a phase out of lead in 

2 gasoline in the 1970s, the oil industry claimed there 

3 was no public health advantage to be gained, and that 

4 this would cause supply shortages. Not only was this 

5 sky is falling prediction dead wrong, we know now it 

6 was one of the best steps for public health ever made 

7 by the EPA. Taking lead out of gas reduced the risk of 

8 lead toxicity for hundreds of thousands of children. 

9 It also decreased the risk of heart attack and stroke. 

10 Oh, and we didn't have those supply shortages. 

11 In 1999, when EPA proposed the so-called Tier 

12 2 standards in allied sulfur and gas reductions, once 

13 again the oil industry claimed that clean up wasn't 

14 needed, and it would cause shut downs and supply 

15 shortages. In fact, in this case they even said it 

16 would threaten national security. Well, of course 

17 these problems didn't happen either. It was sheer 

18 nonsense. 

19 Let's take a third example. In the year 2000 

20 after EPA proposed clean diesel fuel standards, the oil 

21 industry again claimed -- now, can you guess -- that 

22 the cleanup wasn't needed, and it was cause refinery 
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1 shutdowns and supply shortages. Guess what? The exact 

2 opposite happened. The U.S. now exports clean diesel 

3 fuel because EPA stuck to its guns. 

4 So I would just like to say let's learn from 

5 the past. This is not the United States of Amnesia, I 

6 hope. Let's remember the oil industry has cried wolf 

7 so many times in the past, always been wrong. It's 

8 doing it again here. Let's consider the massive health 

9 benefits of this plan that a lot of other witnesses 

10 have already talked about. We know that they dwarf the 

11 very modest costs. 

12 We urge EPA to do the right thing here. Move 

13 ahead. Set the final Tier 3 standards and vehicle 

14 emission standards this year. And please listen to the 

15 cry of breathers for cleaner air, not the wolf cries of 

16 the oil industry. 

17 Thank you very much. 

18 MR. GRUNDLER: Thank you, Mr. O'Donnell. 

19 Dr. Tim Johnson, you're next. 

20 DR. JOHNSON: Thank you for allowing me to 

21 testify in support of this very important public health 

22 and policy proposal to dramatically and efficiently 
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1 reduce toxic emissions from vehicles and fuel. 

2 My credentials are somewhat unique. I have 

3 formally been tracking merging light duty, heavy duty, 

4 and non-road vehicle emissions for more than 15 years, 

5 emerging technologies, and have a valuable and unique 

6 insight into what is coming in the future of emissions 

7 and technologies. I read or listen to more than 400 

8 technical papers a year on the topic, interact with all 

9 the leading experts in the industry, including the oil 

10 industry, analyze the data, and then write widely-read 

11 technical review papers for journals, book chapters, 

12 and top caliber technical conferences. 

13 When I ask people how much more they'd be 

14 willing to pay for a gasoline car that was virtually 

15 non-polluting, the answer always comes back a couple 

16 thousand dollars, 30 cents a gallon, but only if it's 

17 mandated. People are invariably shocked when I mention 

18 to them that it would cost only a few hundred dollars 

19 more for the car, and only a couple cents a gallon, if 

20 anything. They universally reply, do it. The Tier 3 

21 proposal is a bargain at a nine to one benefit cost 

22 ratio to society, and has strong public support. 
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1 Let me get technical. The fundamental 

2 catalyst problem we are talking about here is that 

3 sulfur is extremely surface active. It's unique to 

4 these types of chemicals. It absorbs readily on active 

5 catalyst sites, blocking the amazing action we need and 

6 want to clean up toxins. Surface active species are 

7 essentially -- are especially critical in low 

8 concentration ranges where most of the valuable active 

9 sites are sulfur poisoned in the sub 20 ppm sulfur 

10 range, depending on catalyst design. Dropping from 30 

11 to 10 ppm sulfur can have a huge impact on catalyst 

12 performance and durability because of this fundamental 

13 physical chemistry behavior. 

14 To be sure, we have cars today that are 

15 meeting the Tier 3 average fleet requirements with 30 

16 ppm sulfur fuel. However, all these cars are small and 

17 compact. It is a very different story in trying to get 

18 a large vehicle to Tier 3 average emission levels. Not 

19 only are the catalysts compromised, but the sensors are 

20 affected, causing complexities in on board diagnostics, 

21 which are so critical to proper fleet emissions 

22 monitoring. We demand 150,000 durability in our cars. 
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1 High sulfur fuel makes this very difficult. 

2 We also have catalyst formulations that are 

3 not as sensitive to sulfur as others. This is partly 

4 the result of unique formulations derived from -- 

5 through catalyst R&D. These formulations are usually 

6 intellectual property of the developers. They do not 

7 have 100 percent of the market share. 

8 Further, for many reasons, the catalyst might 

9 be designed differently to meet the the market or 

10 technical requirements, or be placed in different 

11 conditions. We all drive different vehicles with 

12 different engines and different designs. The field is 

13 very complex. This is why we need the low sulfur fuel 

14 because the technologies and engines are becoming so 

15 complex. 

16 I just attended the SAE International Annual 

17 Congress in Detroit. Fantastic. Developments are 

18 coming very quickly, but -- very important -- most 

19 researchers are using clean fuels in their development 

20 of engines and catalysts. We will see commercialized 

21 gasoline engines by 2020 that consume 20 to 30 percent 

22 less fuel. These new engines are complex, and many are 
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1 lean, like diesel. Lean NOx mitigation for gasoline 

2 requires less than 10 ppm sulfur fuel. It doesn't make 

3 sense to tie one arm behind the back of the auto 

4 engineers by requiring them to use relatively dirty 

5 fuel. It's essential the U.S. refinery industry enter 

6 the 21st century by providing an average of 100 ppm 

7 fuel. Europe and Japan have had it for years. China 

8 is doing so now, and will have it throughout the 

9 country in 2017. And India and Brazil are considering 

10 moving in this direction. 

11 It would be shameful if the U.S. still had 30 

12 ppm sulfur and these countries have clean fuel. They 

13 all realize less than 10 ppm sulfur fuel is critical to 

14 clean vehicles. It all ties together. 

15 Thank you. 

16 MR. GRUNDLER: Thank you, Mr. Johnson. Dr. 

17 Johnson, I should say. 

18 Next up will be Mr. Stewart. Mr. Kelly, 

19 you're on deck. 

20 MR. STEWART: Good morning. I thank the 

21 hearing panel for your work here today. I'm Kevin 

22 Stewart. I serve as Director of Environmental Health 
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1 for the American Lung Association of the Mid-Atlantic. 

2 And I am representing not only the three million in 

3 our four-state service area who suffer from chronic 

4 lung disease, but also tens of millions more who desire 

5 to breathe clean air and so protect their good health. 

6 And we thank the Environmental Protection 

7 Agency for its proposal of these long-awaited and much 

8 needed Tier 3 motor vehicle emission and fuel 

9 standards. And we most strongly insist and on the 

10 ground of the health you will protect and the lives you 

11 will save, that the EPA finalize and adopt these 

12 standards before New Year's Day 2014. 

13 According to the American Lung Association 

14 "State of the Air" report released today, in our four15 state service area of Delaware, New Jersey, 

16 Pennsylvania, and West Virginia, over 19 million 

17 people, almost 80 percent of the population, live in a 

18 county or a metro area earning at least one F for ozone 

19 or daily or annual fine particle pollution. 

20 Eighteen million of these live in one of 

21 eight metro area listed among the worst 25 in the 

22 country for one or more of these pollutant measures. 
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1 And more than half of these populations fall into at 

2 least one of the sensitive groups that research is 

3 clearly recognized to be at increased risk from air 

4 pollution: infants, children, teens, and seniors, 

5 people with chronic lung and cardiovascular disease, 

6 people with diabetes, those living in poverty. These 

7 are the people at special risk, and in our region it is 

8 plain that they are among those most seriously at risk 

9 in the entire country. 

10 In our service area alone, we estimate, based 

11 upon the analysis in this month's other report by the 

12 American Lung Association, "A Penny for Prevention: 

13 The Case for Cleaner Gasoline and Vehicle Standards," 

14 that by the year 2030, implemented Tier 3 standards 

15 would provide annually on the order of 400 premature 

16 deaths, 275 respiratory related ER visits and 

17 hospitalizations, 75,000 acute respiratory symptom 

18 days, including asthma days, half a million missed work 

19 or school days, and would save costs of perhaps over $3 

20 billion, again annually. 

21 The air pollution we're talking about 

22 controlling is not inconsiderable. In the national 
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1 inventory, about 20 percent volatile organic compounds, 

2 a third of nitrogen oxides, and over half of carbon 

3 monoxide are emitted by the single sector of highway 

4 vehicles. Yet we can make a serious dent in even these 

5 large chunks. Adoption of the Tier 3 standards would 

6 be equivalent to taking nearly one in seven vehicles 

7 off our roads. 

8 In the "State of the Air" report, there are 

9 already some signs that we may be approaching a steady 

10 state situation with respect to control of pollutants, 

11 such as fine particle pollution and ozone, under the 

12 current control regime. Not only is there no guarantee 

13 that we as a Nation will continue making good progress 

14 toward meeting air quality standards, but there is some 

15 danger that we will fail to meet them at all if we do 

16 not act. 

17 Indeed, as the October 2011 report on this 

18 subject by the National Association of Clean Air 

19 Agencies very plainly points out, the ability of States 

20 and localities to attain the 2008 ozone standard is 

21 tied directly to timely promulgation and implementation 

22 of Tier 3 standards. 
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1 Furthermore, the American Lung Association 

2 has been on record for years in its position that the 

3 current National Ambient Air Quality Standards for 

4 ozone mpm are all inadequate to protect public health, 

5 let alone contain a margin of safety that the law 

6 requires. It is for this reason that the American Lung 

7 Association and other medical groups support 

8 strengthening these standards as follows: the eight9 hour ozone standard to 60 parts per billion, the 24-

10 hour fine pm standard to no more than 25 micrograms per 

11 cubic meter, the annual pm standard to at most 11 

12 micrograms per cubic meter. 

13 Therefore, if we ensure that the NAAQS follow 

14 the law, i.e., so that they truly protect health in the 

15 way that the Clean Air Act requires, then this 

16 underscores NAAQS' point and makes the case for the 

17 Tier 3 rule all the more strongly. Remember, those 

18 millions of people already at risk, already living 

19 within a cloud of air pollution, protected only by 

20 standards inadequate to the task. These people, real 

21 parents and children, real neighbors and co-workers and 

22 friends, these people deserve relief from that 
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1 pollution's burden on disease and death. 

2 A strong Tier 3 standard is clearly part of 

3 that solution. It is urgent that you adopt this rule, 

4 implement it, and bring some much relief. 

5 Thank you. 

6 MR. GRUNDLER: Thank you, Mr. Stewart. 

7 Mr. Kelly? 

8 MR. KELLY: Good morning, and thank you for 

9 providing the opportunity for API to testify at today's 

10 hearing on the Tier 3 rulemaking. I am Patrick Kelly 

11 with the American Petroleum Institute. API is the 

12 national trade association representing all segments of 

13 the U.S. oil and gas industry. 

14 America's petroleum refining industry is a 

15 strategic asset, invaluable asset, for the United 

16 States. Maintaining a strong domestic refining 

17 industry is critical to the Nation's economic security. 

18 This rulemaking an have significant impacts on 

19 domestic refiners which are already heavily regulated. 

20 API opposes the requirement to further reduce 

21 average gasoline sulfur with this Tier 3 regulation. 

22 This rulemaking is discretionary, and API has serious 
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1 doubts as to the Agency's justification for it. 

2 API commissioned studies on the costs and 

3 benefits associated with further reductions in gasoline 

4 sulfur content, and found that they are not necessary 

5 for meeting more stringent vehicle emission standards, 

6 will yield little air quality benefits, and will impose 

7 enormous costs. 

8 API has serious concerns with the EPA process 

9 for developing this rule. We have been insisting EPA 

10 demonstrate a scientific justification for two and a 

11 half years. One week ago today, EPA dumped over 600 

12 documents into the docket, and prior to publishing this 

13 rule in the Federal Register, EPA published the comment 

14 deadline that gives us very little time to provide 

15 meaningful input. 

16 EPA needs to extend, and we request that the 

17 EPA extends this comment deadline, to at least 90 days 

18 after the MPRM is published in the Federal Register or 

19 about mid-August. EPA needs to be transparent in 

20 rulemakings and not circumvent public participation in 

21 the process. 

22 Reducing gasoline sulfur to an average of 10 
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1 parts per million is expensive. Research API shared 

2 with the Agency shows nearly $10 billion in capital 

3 costs. The annual compliance cost is about $2.4 

4 billion, or six to nine cents per gallon in marginal 

5 costs. EPA should not consider these costs in a 

6 vacuum. Refiners need to balance these expenses with 

7 the cumulative costs of other Federal and States 

8 regulations. 

9 API assessed the air quality benefits of the 

10 proposed standards and found the requirements would 

11 yield only very little additional reduction in ozone 

12 over the current regulations. The Tier 2 rule was a 

13 costly rule, but it yielded a measurable air quality 

14 benefit that continues to be realized as the fleet 

15 turns over. The prospect of spending an equivalent 

16 amount of money for a rule of a negligible air quality 

17 benefit just doesn't make sense. 

18 Auto makers insist they need 10 ppm gasoline 

19 to enable lean burn GDI engines, and yet in Europe and 

20 Japan where 10 ppm fuel is available, lean burn GDI 

21 engine penetration peaked at about two percent and then 

22 tailed off. Research shows it maxing out at about 
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1 three percent of the U.S. fleet. Diesel sulfur was 

2 kept at 15 ppm to enable an emissions control 

3 technology that never took off in the marketplace. 

4 Don't make the same mistake with gasoline. Auto makers 

5 can meet the emission standards without further 

6 reductions to gasoline sulfur. 

7 EPA's three-year lead time is grossly 

8 inadequate. Six years is workable. Five years is the 

9 absolute minimum. Three years is insufficient to 

10 ensure against market disruptions. Refiners are able 

11 to operate for about five years between turnarounds, 

12 which is the most efficient time to make major changes. 

13 A three-year lead time means that normal maintenance 

14 schedules are likely to be disrupted, potentially 

15 impacting gasoline supply and increasing the overall 

16 cost. 

17 The so-called flexibilities proposed in the 

18 rule do little to offset the burden of compliance. 

19 Small refinery exceptions are of limited utility if 

20 pipelines set lower specifications, which is what 

21 happened in the Tier 3 rulemaking. The benefits of 

22 averaging banking and trading of the Tier 2 rule are 
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1 not comparable to Tier 2. The opportunity to generate 

2 credits is limited by a refinery's existing equipment 

3 and configuration. Tier 2 sulfur credits are still in 

4 circulation, and it would be beneficial, and we request 

5 that EPA publish aggregate data on the remaining Tier 2 

6 sulfur credit balances in order to determine to what 

7 extent an ABT program would provide or could provide a 

8 benefit. 

9 With such a short lead time, the opportunity 

10 to generate sufficient credits to cover both the Tier 2 

11 requirements and bank credits for Tier 3 between now 

12 and January 2017 will be limited. Maintaining the 

13 current sulfur cap is a reasonable approach, but won't 

14 lower costs very much. The EPA should set a new 

15 certification fuel as E10, not E15. It will be likely 

16 the predominant fuel in the marketplace. I'm skipping 

17 quickly. 

18 Also on the certifying in a higher octane and 

19 higher ethanol content fuel, EPA should not go ahead of 

20 the requisite research and collaboration necessary to 

21 set new fuel specifications. And I'm out of time, so 

22 I'll skip my -- thank you for doing ppms. 
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1 MR. GRUNDLER: Thank you, Mr. Kelly. 

2 [Laughter.] 

3 MR. GRUNDLER: Dr. Blakeman, please. 

4 DR. BLAKEMAN: Thanks. Thank you for the 

5 opportunity to speak today. I am Dr. Phil Blakeman. I 

6 am speaking today on behalf of Johnson Matthey, a 

7 catalyst company based just outside of Philadelphia. 

8 One of our main businesses is the development, design, 

9 and manufacture of catalytic systems for the removal of 

10 pollutants from vehicle and engine exhausts. And my 

11 role there is the technology director for that 

12 business. 

13 Johnson Matthey strongly supports the Tier 3 

14 proposals made by the EPA. They make an important 

15 substantial improvement to the quality of the air we 

16 all breathe. Catalyst has since 1975 been instrumental 

17 in limiting harmful air pollutants and smog causing 

18 gasses, with evident benefits for us all. 

19 However, there are now more vehicles and more 

20 miles driven than ever before, offsetting some of the 

21 legislative improvements in emission abatement by sheer 

22 weight of numbers. The need for tightening of emission 
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1 limits is still strong. 

2 The catalyst technology Tier 3 proposal is 

3 across the whole vehicle fleet. That's gasoline and 

4 diesel vehicles. It exists today, and it's already in 

5 the marketplace. New generations of catalysts are 

6 continually being developed, and they have further 

7 enhancements and performances. Implementation of these 

8 catalyst technologies to meet Tier 3 proposals is what 

9 our industry thrives on. We have a long track record 

10 of achieving these tighter emissions limits 

11 successfully, and this proposal would be no different. 

12 Furthermore, California has already set in 

13 motion its own tightened emission limits known as LEV 

14 III, which are very similar to the Tier 3 proposal. 

15 This means our industry already has no choice but to 

16 implement technologies for LEV II that will clearly 

17 also meet the Tier 3 proposed limits. Thus, the 

18 adoption of the Tier 3 proposals would bring 

19 efficiencies to the industry by having one common set 

20 of emissions to achieve for the U.S. market. 

21 One of the important aspects of the Tier 3 

22 proposal is to reduce the sulfur level in the gasoline 
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1 fuel. Sulfur compounds cannot be transformed into 

2 something harmless in the way that a NOx molecule is, 

3 turning to NOx catalysts. Therefore, all sulfur 

4 emissions from the engine are bad for the environment, 

5 and the only way they can be prevented from entering 

6 the environment is by removal from the fuel itself. 

7 Sulfur also poisons the efficiency of the 

8 catalyst for criteria emission control. To ensure that 

9 the full range of light duty vehicles comply with Tier 

10 3 proposals, both at time of certification and during 

11 their use in the real world, the proposed lower 

12 gasoline sulfur levels, 10 ppm average, are needed. 

13 The EPA has recently completed an excellent and 

14 extensive evaluation of sulfur effects on the current 

15 Tier 2 vehicle fleet that clearly shows significant 

16 emission benefits from reducing gasoline sulfur levels 

17 on those existing vehicles. 

18 And as we move to the future, vehicle 

19 manufacturers are working hard to meet greenhouse gas 

20 requirements. Exhaust temperatures are expected to get 

21 cooler, exacerbating these sulfur poisoning effects on 

22 the catalyst. This remaining clean fuel is 
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1 increasingly important as we move forward. 

2 Having low sulfur fuel may also enable new 

3 technologies to be introduced, such as NOx absorber 

4 catalysts, which are leading catalyst technology for 

5 highly fuel efficient clean burning gasoline engines, 

6 and need these ultra-low sulfur fuel levels to function 

7 at peak effectiveness, and allow these engines to meet 

8 their fuel economy potential. Sulfur in diesel fuel is 

9 already limited to a maximum of 10 ppm for these 

10 reasons, and sulfur and gasoline should also be limited 

11 to the proposed 10 ppm average. 

12 Adoption of this part of the Tier 3 proposal 

13 would bring the U.S. in line with Europe and Japan, who 

14 already have these low sulfur gasoline limits, and 

15 places like China who have committed to bringing in low 

16 sulfur gasoline by the end of 2017. 

17 In summary, it is the view of Johnson Matthey 

18 that the Tier 3 emissions limits and fuel sulfur 

19 proposals will bring significant benefits to the public 

20 health and the environment. Thank you. 

21 MR. GRUNDLER: Thank you very much. 

22 Julie Becker? 
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1 MS. BECKER: Good morning. My name is Julie 

2 Becker, and I'm Vice President for Environmental 

3 Affairs at the Alliance of Automobile Manufacturers, an 

4 association of 12 OEMs. It represents about 75 percent 

5 of the U.S. market. 

6 I want to thank Chris Grundler and his staff 

7 for holding this hearing and for all the many hours 

8 they have spent with our industry and with the other 

9 stakeholders to help us understand this very complex 

10 proposal. And I also want to thank the California Air 

11 Resources Board for its role in coordinating with EPA 

12 to help ensure harmonization of the LEV II and Tier 3 

13 regulations. 

14 The Alliance appreciates the fact that EPA is 

15 working here to achieve one national program so that a 

16 vehicle can be tested once, certified once, and then 

17 sold anywhere in the United States. EPA's proposal 

18 would ensure needed fuel quality to enable both near 

19 zero emissions for new vehicles and reduced emissions 

20 for all vehicles already on the road today. 

21 These rules are challenging. They require 

22 large investments. According to EPA, auto makers will 
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1 spend about $15 billion in just 10 years to meet the 

2 requirements of the proposed rule and effectively 

3 remove tailpipe emissions from the environmental 

4 equation. And according to EPA, this rule, combined 

5 with the fuel economy and greenhouse gas program would 

6 bring the auto industry's overall investment in the 

7 vehicle emission reduction programs through 2025 to 

8 more than $216 billion. That's 100 times the 

9 investment that the oil industry is being asked to make 

10 under this rulemaking. 

11 So why do auto makers support this proposal? 

12 Well, Tier 3 brings a harmonized approach, as you've 

13 heard today. It builds upon the successes we've had in 

14 the national greenhouse gas and fuel economy programs. 

15 It stays true to the simple principle of providing the 

16 cleanest vehicles to everyone nationally. And it 

17 provides the fuels that we need. 

18 EPA acknowledges that reducing the sulfur 

19 content of gasoline to 10 part per million average is a 

20 hugely important component of the proposed rule. We 

21 agree. We know that sulfur inhibits the catalytic 

22 converter's ability to reduce emissions. Lower sulfur 
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1 fuels at the pump mean fewer exhaust emissions in the 

2 air. It's that simple. 

3 Further, sulfur reductions in the market 

4 fuels produce day one benefits. So while it will take 

5 a couple of decades for the current fleet to be 

6 replaced by Tier 3 compliant vehicles, reducing sulfur 

7 at the pump immediately will reduce emissions from 

8 every gasoline powered vehicle on our road, no matter 

9 how old. 

10 On the CAFÉ and greenhouse gas front, EPA has 

11 repeatedly said that it expects the majority of 

12 greenhouse gas emission reductions and the 

13 corresponding fuel economy increases will come from 

14 advancements in internal combustion engines, gasoline 

15 engines, and that cleaner fuels are needed to 

16 facilitate lean burn technology, a pathway towards more 

17 efficient gasoline internal combustion. To meet the 

18 challenging standards for greenhouse gas, auto makers 

19 will need to have every tool in the toolbox at their 

20 disposal, including lean burn. 

21 One final point on sulfur. You've already 

22 heard it this morning, and that is that we have fallen 
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1 behind other countries. The proposed rule would help 

2 Americans to get gasoline with sulfur limits 

3 approaching 10 parts per million cap, which is like the 

4 retail sulfur -- the retail levels of sulfur already 

5 available in Europe and Asia. 

6 For years, the auto industry has worked to 

7 provide consumers with cleaner vehicles, and we've had 

8 terrific results. Already we've reduced smog forming 

9 emissions by 99 percent. The proposed rule, as you 

10 heard earlier, seeks to cut remaining emissions by 

11 about 70 percent. But as EPA explains, the ambitious 

12 goal requires both advanced catalytic converters and 

13 ultra-low sulfur fuels. 

14 While much progress has been made, even more 

15 could be done to harmonize with California's rule, 

16 vehicle emission requirements to harmonize the 

17 certification fuels and to improve fuel quality. And 

18 we intend to respond to this very long and complex 

19 proposal with written comments that will contain 

20 specific constructive suggestions. 

21 But our key message is this: EPA should 

22 continue to treat vehicles and their fuels as a system 
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1 so that our clean vehicles can have the clean fuels 

2 they need. Thank you very much. 

3 MR. GRUNDLER: Thank you, Ms. Becker. 

4 Jennifer McIntyre? 

5 MS. MCINTYRE: Good morning. My name is Jen 

6 McIntyre with Mom's Clean Air Force. The time has come 

7 to update our standards for passenger vehicles to 

8 better the health of American families. I strongly 

9 support the new Tier 3 standards and urge the timely 

10 implementation of the proposed rule. The rule has 

11 broad support from the United Auto Workers to the 

12 American Lung Association to the Union of Concerned 

13 Scientists. 

14 We cannot continue to accept bad air days as 

15 a normal part of life. This rule would begin to 

16 improve air quality and result in significant health 

17 benefits for children and those with lung and heart 

18 problems. We know that in Pennsylvania, more than 

19 22,000 children attend schools that are located within 

20 200 meters of a major roadway. 

21 Nothing can prepare a parent for the terror 

22 of watching a toddler unable to breathe during an 
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1 asthma event. Both of my young daughters suffered from 

2 frequent flare-ups when we lived close to I-95. We 

3 have since moved and their health is much better. Now 

4 they have flare-ups once or twice per year compared to 

5 once or twice per month. In order to open their 

6 airways during an asthma flare-up, strong and harmful 

7 medications must be administered that have serious side 

8 effects. But breathing is more important, so the 

9 harmful medicines are taken by millions of children. 

10 Let's send a message to those children that 

11 we do care about their health and safety and quickly 

12 implement the new Tier 3 standards. Let's tell them 

13 they're worth much more than a penny per gallon. 

14 Thank you for the this opportunity to 

15 comment. 

16 MR. GRUNDLER: Thank you. 

17 Allison Chin? 

18 MS. CHIN: Thank you for the opportunity to 

19 testify. I'm Allison Chin, President of the Sierra 

20 club. With 2.1 million members and supporters, the 

21 Sierra Club is the Nation's oldest and largest grass 

22 roots environmental organization. On behalf of all of 
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1 our members, I want to applaud the Environmental 

2 Protection Agency for proposing strong Tier 3 cleaner 

3 tailpipe standards that will significantly reduce smog 

4 forming pollution, saving lives, preventing asthma 

5 attacks, and giving Americans cleaner air to breathe. 

6 Over the past decades, we have made 

7 substantial progress in cleaning our air, in part by 

8 transitioning from dirty fossil fuels to clean 

9 renewable energy. Still today, more than one in three 

10 Americans lives where the air is sometimes unsafe to 

11 breathe. Air pollution causes a host of serious life 

12 threatening health problems, including asthma, heart 

13 disease, cancer, neurological problems, and more. 

14 Much of this health threatening pollution 

15 comes from our passenger cars and trucks, which remain 

16 the second largest source of smog forming pollution. 

17 These vehicles emit more than half of all carbon 

18 monoxide pollution and contribute significantly to 

19 deadly particulate matter and other pollution that 

20 causes asthma and other respiratory diseases. 

21 The proposed Tier 3 standards will provide a 

22 wide array of benefits. I'd like to briefly touch on a 
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1 few. First, cleaner tailpipe standards will protect 

2 public health by requiring refiners to produce lower 

3 sulfur gasoline and by requiring auto makers to use 

4 advanced pollution control technology. Tier 3 

5 standards will produce substantial reductions in health 

6 threatening pollution. According to a study by the 

7 National Association of Clean Air Agencies, cleaner 

8 tailpipe standards have the potential to cut emissions 

9 of nitrogen oxides, carbon monoxide, and volatile 

10 organic compounds from passenger vehicles by 29, 38, 

11 and 26 percent, respectively, by 2030. 

12 It's important to note that reducing the 

13 sulfur content of gasoline will have immediate health 

14 benefits when new standards go into effect in 2017. 

15 Cleaner burning gasoline will reduce emissions of 

16 nitrogen oxides from existing cars by more than 260,000 

17 tons, the equivalent of taking 33 million cars off the 

18 road. 

19 These pollution reductions will provide very 

20 real health benefits. According to the EPA, the 

21 proposed standards would prevent up to 2,400 premature 

22 deaths, 3,200 hospital visits, and 2,200 asthma attacks 
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1 annually by 2030. Further, the standards would prevent 

2 1.8 million lost school and work days. 

3 Secondly, cleaner tailpipe standards will 

4 provide economic benefits. With cleaner air, the 

5 proposed standards will provide substantial health 

6 benefits. According to EPA, the annual monetized value 

7 of health benefits could be as large as $23 billion. 

8 Further, the new standards will bring more American 

9 jobs as parts suppliers develop and build new 

10 technologies and refiners and auto makers install it. 

11 According to a study by Navigant Economics, 

12 implementation of cleaner tailpipe standards would 

13 create nearly 5,300 permanent jobs in the operation and 

14 maintenance of new refining equipment, as well as more 

15 than 2,4000 new jobs over a three-year period as 

16 refineries install new equipment. 

17 Third, only big oil opposes these health 

18 protecting standards. Everyone from auto makers and 

19 auto workers to public health agencies and the American 

20 public recognize the connection between cleaner cars, 

21 jobs, public health, and a stronger economy. The only 

22 ones opposed to these standards are oil companies that 
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1 oppose anything that would require them to clean up 

2 their act. 

3 While the American Petroleum Institute's 

4 scare tactics claim that these standards would cause 

5 gas prices to skyrocket, independent studies have shown 

6 that these standards can be achieved for less than a 

7 penny a gallon. This is a clear case where we can 

8 clean our air, protect our public health, and create 

9 jobs by reducing pollution from our cars and trucks. 

10 In conclusion, the proposed cleaner tailpipe 

11 standards will substantially reduce health threatening 

12 pollution from our cars and trucks. By giving 

13 Americans cleaner air to breathe, these standards will 

14 save lives, prevent asthma attacks, and reduce lost 

15 work and school days. Further, developing 

16 manufacturing and installing advanced refinery and auto 

17 technologies will create jobs all while achieving the 

18 standards for less than a penny a gallon. I applaud 

19 the Environmental Protection Agency for proposing these 

20 strong Tier 3 cleaner tailpipe standards, and urge you 

21 to finalize them as soon as possible. 

22 Thank you again for the opportunity to 
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1 testify. 

2 MR. GRUNDLER: Thank you, Ms. Chin. 

3 Mr. Tonachel? 

4 MR. TONACHEL: Good morning. Thank you for 

5 the opportunity to testify today. My name is Luke 

6 Tonachel, and I'm a Senior Analyst with the Energy and 

7 Transportation Program at the Natural Resources Defense 

8 Council. I am pleased to be here on behalf of NRDC's 

9 1.3 million members and online activists. 

10 The Tier 3 gasoline sulfur and clean vehicle 

11 standards proposed by EPA are common sense steps 

12 forward for public health and the environment. The 

13 Tier 3 standards are part of the solution to a problem 

14 that we know must be addressed. Over 100 million 

15 Americans are exposed to unhealthy air and live in 

16 areas that fail to attain one or more health-based 

17 ambient air quality standards. 

18 Considering these facts, EPA has an 

19 obligation to set stronger standards on vehicles and 

20 fuels to cut pollution that endangers public health and 

21 welfare. By proposing standards that reduce gasoline 

22 sulfur to 10 parts per million and tightening auto 
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1 emission standards, the Agency has taken the right 

2 approach, one that connects the vehicle emissions with 

3 the fuel and treats them as a system. It is clear that 

4 the U.S. will only achieve the largest cost-effective 

5 reductions from cars and trucks if both the vehicles 

6 and their fuel are cleaned up. 

7 The oil industry, through their lobbying 

8 association of the American Petroleum Institute, has 

9 questioned the value of reducing sulfur from gasoline. 

10 The oil industry wants us to ignore the benefits of 

11 cleaning up gasoline, but the benefits are clear: 

12 cleaner gasoline will immediately cut hundreds of 

13 thousands of tons of smog forming emissions annually 

14 from the on road stock of vehicles as their exhaust 

15 systems become more effective. Cleaner gasoline will 

16 also enable auto makers to design new vehicles to meet 

17 more stringent tailpipe standards. Further, cleaner 

18 gasoline preserves the ability of auto makers to pursue 

19 the broadest range of technologies to meet the landmark 

20 54 and a half mpg equivalent standards to cut global 

21 warming pollution and oil consumption. 

22 The Tier 3 standards will avoid thousands of 
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1 premature deaths and result in public health benefits 

2 of $8 to $23 billion annually by 2030. These benefits 

3 far outweigh the costs of the Tier 3 standards. 

4 Still, however, the oil industry claims that 

5 the Tier 3 sulfur reductions are too expensive. It 

6 appears that the industry believes that the public 

7 health protection should only be pursued if they can 

8 generate huge profit margins for the industry. API 

9 recently estimated the cost of complying with Tier 3 

10 sulfur requirements at six to nine cents per gallon. 

11 EPA estimates the average cost at less than a penny, or 

12 .9 cents per gallon using the API assumptions. Most of 

13 the difference between the API and the EPA estimates is 

14 API's projected profit margin. 

15 As EPA described in the draft regulatory 

16 impact analysis, API's cost estimate assumes a profit 

17 of four to seven cents per gallon, which translates 

18 into $4 to $8 billion in windfall profits for the oil 

19 industry each year. NRDC estimates that the oil 

20 industry is projecting an astounding rate of return on 

21 investment of 180 to 340 percent. 

22 The API high cost estimates have the 
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1 potential to raise concerns of industry investors, and 

2 some refining companies are backing away from the API 

3 estimates to present more realistic figures. For 

4 example, Valero Energy, which is the largest 

5 independent refiner in the U.S., recently told a group 

6 of financial analysts that its Tier 3 compliance will 

7 cost to $300 to $400 million. A finance expert 

8 colleague of mine at NRDC used the EPA's marginal cost 

9 assumptions and found that the $400 Valero cost claim 

10 would equate to a compliance cost of approximately .6 

11 cents per gallon, more than 10 times less than the API 

12 high estimate. 

13 For Valero, the .6 cent per gallon translates 

14 into annual costs of about $95 million, or just two 

15 percent of the four and a half billion in pretax 

16 earnings that the company made on refining in 2012. 

17 While Valero and other companies point out the cost of 

18 compliance is minimal, API continues to inflate costs. 

19 Regulatory cost inflation is part of their history. 

20 By exaggerating costs, API has attempted to scare 

21 consumers into potential large gas price increases at 

22 the pump. 
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1 The reality is that these large increases 

2 don't appear. According to a peer review report by 

3 EPA, API's estimates of compliance costs for previous 

4 clean fuel regulations adopted in the 1990s have been 

5 3.6 to 6.4 times higher than the actual observed price 

6 changes. Similarly, a recent study by Navigant 

7 Economics found that the Tier 2 gasoline sulfur 

8 regulations, which API estimated would cost about three 

9 cents a gallon, have had no discernible impact on 

10 retail prices. 

11 API's proposal and supporting analysis has 

12 found that the Tier 3 rules would deliver large 

13 environmental and health benefits that far outweigh the 

14 minimal costs. NRDC recommends that EPA continues to 

15 move forward and finalize strong Tier 3 standards by 

16 the end of the year. Thank you very much. 

17 MR. GRUNDLER: Thank you. Let me turn to my 

18 panel and ask if they've got any questions for the 

19 witnesses. 

20 MR. MACHIELE: Just a couple of questions, 

21 one for Patrick Kelly. Did you say that the annual 

22 cost from your study was $2.4 billion? 
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1 MR. KELLY: The annual compliance costs. 

2 That includes the -- it is the annual cost of 

3 compliance and includes capital recovery. 

4 MR. MACHIELE: And so what is that in terms 

5 of cents per gallon then because that's the average 

6 cost then? 

7 MR. KELLY: That's a total cost, the $2.4 

8 billion. And it equates to a six to nine cent per 

9 gallon marginal cost in most markets. Does that answer 

10 your question? 

11 MR. MACHIELE: I guess -- well, what is the 

12 $2.4 equate to in terms of an annual -- in terms of 

13 cent per gallon? 

14 MR. KELLY: In marginal costs, it would be 

15 six to nine. 

16 MR. GRUNDLER: Do you have an average cost? 

17 MR. KELLY: We didn't do an average cost. 

18 While average cost is an important factor, in commodity 

19 markets, when all of the demand is needed for that 

20 commodity, the marginal cost is very relevant in 

21 setting the market price. And so, therefore, we looked 

22 at the marginal cost because of its importance to the 
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1 marketplace. 

2 MR. MACHIELE: Okay. Thanks. Mr. -- Dr. 

3 Blakeman, did you say that future vehicle technologies 

4 will have lower exhaust temperatures and will need to 

5 lower sulfur even more? Is that what I was hearing? 

6 DR. BLAKEMAN: Yes. You know, the trend to 

7 get more efficiency for greenhouse gas, you're taking 

8 energy from the exhaust, which lowers the exhaust 

9 temperature. And so that means that lower temperature 

10 sulfur gets even more sticky and sticks to the catalyst 

11 more strongly, and so impacts its performance 

12 potentially more. 

13 MR. MACHIELE: Okay. Tim, did you want to 

14 elaborate? 

15 MR. JOHNSON: Yes. Just to highlight the 

16 urgency of this trend towards lower exhaust 

17 temperatures, the U.S. Car Consortium, made up of the 

18 big three auto companies, called industry experts into 

19 Detroit in December, a call to arms to the industry to 

20 develop catalysts that will perform 90 percent removal 

21 of emissions at 150 degrees centigrade. That's about 

22 100 degrees lower than we have today. 
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1 So the industry is clearly seeing directions 

2 towards low temperature exhaust gas, and is mounting a 

3 huge unprecedented campaign in the industry to get 

4 movement into low catalyst technologies. Sulfur is, as 

5 Phil said, absolutely the worst component that is in 

6 the way. 

7 MR. MACHIELE: Thank you. 

8 MR. GRUNDLER: Any more questions? 

9 [No response.] 

10 MR. GRUNDLER: Thank you, panel two, for your 

11 time. It was very helpful. 

12 Panel three we're adding two people: John 

13 German and Jody Bender. Please come on up along with 

14 Shannon baker-Branstetter, Bob Babick, William 

15 Woebkenberg, Gary Emmett, Jan Koninckx, Nancy Seidman, 

16 Caroline Paulsen, and Meghan Higgins. Don't forget 

17 your name tags. 

18 Welcome. I'm going to ask Ms. Bender to lead 

19 off. 

20 MS. BENDER: Thank you very much. Good day. 

21 I am Jody Bender, a board member of the League of 

22 Women Voters of Philadelphia. I will soon be elected 
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1 as a board member of the League of Women Voters of 

2 Pennsylvania. On their behalf, I am speaking today and 

3 wish to thank you for the opportunity to provide input 

4 on this critical issue. 

5 Based on our national position on air 

6 quality, the League supports measures to reduce 

7 vehicular pollution, including inspection and 

8 maintenance of emissions controls, changes in engine 

9 design, and fuel types, and development of more energy 

10 efficient transportation systems. The proposed 

11 regulations to reduce emissions and strengthen fuel 

12 efficiency for new cars and trucks continue to keep us 

13 on the road to improving public health and the 

14 environment. 

15 Spring is in the air in Philadelphia. 

16 However, there is a whole lot more than the aroma of 

17 fragrant blossoms. The Philadelphia region and 

18 Pennsylvania as a whole have the dubious distinction -- 

19 excuse me -- of being among the smoggiest areas in the 

20 nation. This resulted in hundreds of thousands of 

21 people being at risk of health-related diseases, such 

22 as asthma, chronic bronchitis, and emphysema. Cleaner 
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1 cars and trucks would make a difference; thus, the 

2 League supports these new emission standards and 

3 vehicle fuel standards that lower sulfur content. 

4 Cleaner air boosts, not dampens, the economy. 

5 The potential cost of paying more at the pump during 

6 these difficult economic times is but a drop in the 

7 bucket when compared to the billions of dollars spent 

8 on the direct health care, los economic productivity, 

9 and squandered on absent students, all resulting from 

10 poor air quality. The citizens of our commonwealth and 

11 across the Nation are depending on you, the 

12 Environmental Protection Agency, to safeguard our air 

13 and protect people's health. 

14 With the alarming rise of pollution-related 

15 asthma attacks, heart attacks, and shortened life 

16 spans, enacting these proposed Tier 3 standards is 

17 truly a matter of life and breath. 

18 Thank you. 

19 MR. GRUNDLER: Thank you. 

20 Shannon Baker-Branstetter, please. 

21 MS. BAKER-BRANSTETTER: Thank you and thank 

22 you to the EPA for their hard work and thorough 
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1 analysis on this rule. I'm Sharon Baker-Branstetter, 

2 Policy Counsel for Consumers Union, the Policy and 

3 Advocacy Division of Consumer Reports. Consumers Union 

4 supports the proposed Tier 3 standards because they are 

5 good for air quality, public health, and car owners. 

6 Consumer Reports conducts comprehensive tests 

7 of approximately 80 new vehicles every year, which we 

8 buy anonymously at retail. We provide consumers with 

9 objective comparative ratings about performance, fuel 

10 efficiency, safety, and reliability of these vehicles. 

11 We do not accept outside advertising. Consumer 

12 Reports has more than eight million subscribers to our 

13 magazine, websites, and other publications. 

14 Reducing sulfur and gasoline and cutting 

15 tailpipe emissions will provide outstanding benefits to 

16 public health. Over 150 million Americans breathe 

17 unhealthy air, and a major source of this pollution is 

18 passenger and heavy duty vehicles. On average, 

19 Americans spend over an hour traveling roads every day. 

20 Living, working, or going to school near 

21 major roadways increases exposure to ozone and particle 

22 pollution that worsens lung and heart health and causes 
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1 thousands of premature deaths every year. In addition 

2 to the tremendous health benefits of the proposed rule, 

3 car owners will also see significant improvements. 

4 Lowering the sulfur content in gasoline cleans up 

5 exhaust from older vehicles. It also reduces corrosion 

6 of emissions control systems for existing vehicles, and 

7 increases the life span of catalytic converters, which 

8 can cause hundreds to thousands of dollars to replace. 

9 The national average replacement cost of a catalytic 

10 converter is approximately $1,400. 

11 New car buyers will also benefit. The 

12 proposed rule offers auto makers an incentive to go 

13 beyond the minimum eight-year, 80,000 mile warranty 

14 currently required for emissions control systems, and 

15 extend it to 15 years, 150,000 miles for new vehicles, 

16 which could improve reliability and lower costs to 

17 maintain emissions control systems. Low sulfur 

18 gasoline also enables auto makers to develop a greater 

19 array of technology, such as lean burn, to meet 

20 emissions and fuel economy standards more creatively 

21 and at a lower cost. 

22 The very modest cost of these clean car 
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1 standards is well worth it. Addressing gasoline and 

2 vehicles together as a system further improves the cost 

3 effectiveness of reducing emissions. According to your 

4 Agency, when the standards are fully implemented by 

5 2025, the standards will likely add less than $150 per 

6 vehicle, and less than one cent per gallon to gasoline 

7 costs. 

8 However, the benefits greatly outweigh these 

9 costs. By 2030, the annual health benefits would be 

10 between $8 and $23 billion, double to seven times the 

11 costs. It would be penny wise, tons foolish, to save a 

12 cent on gasoline only to have to pay even more with our 

13 health as a result of additional tons of pollution. To 

14 put the costs in perspective, over the last four years, 

15 gasoline prices fluctuated over $2 per gallon, with 

16 weekly increases of 10 cents happening with regularity. 

17 EPA estimates the cost of cleaner gasoline 

18 will be less than one cent per gallon. By comparison, 

19 failing to maintain proper tire pressure can waste the 

20 equivalent of 11 cents per gallon. By speeding or 

21 aggressive driving -- a driver of a typical could bleed 

22 20 to 40 cents per gallon. A roof rack, 60 cents per 
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1 gallon. Meanwhile, fuel economy standards at poised to 

2 save consumers the equivalent of $1.30 per gallon by 

3 2025. The proposed clean car standards provide a great 

4 service at an outstanding value. 

5 In summary, this common sense rule is good 

6 for our health and good for car owners. We urge you to 

7 finalize the rule so it can apply to 2017 models and be 

8 in sync with fuel economy standards. Thank you. 

9 MR. GRUNDLER: Thank you. 

10 Mr. Babick? Mr. Woebkenberg, you're on deck. 

11 MR. BABICK: Good morning, everyone. My name 

12 is Robert Babick. I'm the Director from Environment 

13 Energy and Safety Policy, General Motors. We at 

14 General Motors have truly embraced the call for more 

15 environmentally friendly vehicles. This is evident 

16 from our groundbreaking Chevrolet Volt, the world's 

17 first mass produced extended range electric vehicle. 

18 The Volt is just one piece of a broader electrification 

19 strategy that includes the Chevrolet Spark, pure EV, 

20 the Cadillac ELR luxury EREV, and various hybrid 

21 offerings. GM is an industry leader in the plug-in 

22 sales, and we intend to keep it that way. 
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1 We are continuing to follow our principle of 

2 energy diversity as we produce numerous E85 flex fuel 

3 vehicles, diesel vehicles, including the new 2014 

4 Chevrolet Diesel Cruz, and CNG offerings in our full5 size pickups and van segments. 

6 We're also introducing more improvements to 

7 conventional technology. Our engineers are working 

8 around the clock to simultaneously improve the fuel 

9 economy in greenhouse gas emissions, criteria missions, 

10 and safety of all of our products. 

11 That brings me to the key reason we are here 

12 today, working closely with the EPA and the other 

13 stakeholders to achieve a harmonized and appropriate 

14 structure Tier 3 program. The establishment of a 

15 single national standard for fuel economy and CO2 

16 regulation was quite simply a much needed breakthrough 

17 that will enable more timely and efficient introduction 

18 of technologies customers, manufacturers, and 

19 regulators want to succeed. 

20 We know that EPA and California are committed 

21 to further reducing tailpipe criteria emissions, and in 

22 order to achieve the level of reduction proposed, our 
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1 vehicles will be so clean there will be no reason to 

2 have competing regulatory requirements. 

3 Our precious engineering resources are 

4 already stretched thin, and requiring them to design, 

5 develop, and certify two of everything I think we can 

6 all agree is counterproductive. We need to be able to 

7 focus on developing one of everything, which we can 

8 then sell throughout the U.S. to provide everyone here 

9 the cleanest vehicles in the world. A harmonized Tier 

10 3 program properly structured can achieve this. 

11 Another key aspect of the proposal is the 

12 cleaner fuels that are included. Auto makers will need 

13 these cleaner fuels to meet the stringent Tier 3 

14 emission standards EPA and California envision. We 

15 must have clean fuels because the vehicles and fuel 

16 function as a single system in determining the emission 

17 performance of the vehicle. 

18 As EPA moves ahead to finalize the Tier 3 

19 requirements, GM believes the provision for low sulfur 

20 fuel levels and other clean fuel properties is 

21 essential, as is outlined in the Alliance's comments. 

22 And while clean fuels are needed to meet the Tier 3 
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1 standards on new vehicles, they also provide the added 

2 benefit of reducing emissions immediately across the 

3 entire on road fleet. 

4 Finally, we would like to see some changes to 

5 the MPRM. For example, there are a number of things 

6 that are not harmonized with California's LEV III 

7 requirements that we will be asking to be harmonized. 

8 So we will continue to review the MPRM and work through 

9 the Alliance to submit detailed written comments to 

10 EPA, and I appreciate your time and attention. 

11 Thank you. 

12 MR. GRUNDLER: Thanks, Bob. 

13 Bill? Jan, you're on deck. 

14 MR. WOEBKENBERG: Good morning. My name is 

15 Bill Woebkenberg, and I'm responsible for Fuels, 

16 Technical, and Regulatory Affairs in the U.S. for 

17 Mercedes-Benz Research and Development, North America, 

18 which is an indirect, wholly-owned subsidiary of 

19 Daimler AG, the global manufacturer of Mercedes-Benz 

20 vehicles and a leader in clean, efficient vehicle 

21 technology in the U.S. and the world. 

22 Our product portfolio includes a full range 
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1 of models equipped with BlueEFFICIENCY gasoline and 

2 gasoline hybrid power trains, BlueTEC clean diesels, 

3 and F-CELL hydrogen-powered fuel cell vehicle in 

4 California. 

5 Mercedes-Benz thanks the EPA, and especially 

6 Chris Grundler and his time, for the time and 

7 dedication in the creation of this rulemaking. 

8 Additionally, Mercedes-Benz wishes to acknowledge the 

9 effort required for the EPA to include automobile 

10 manufacturers as stakeholders in the formation of this 

11 proposal. 

12 Treatment of fuel as a part of this system in 

13 total criteria emissions and greenhouse gas reduction 

14 is an important acknowledgment by the EPA that 

15 improvements proposed by Tier 3 rulemaking are possible 

16 when all contributing factors are examined and 

17 optimized. Sulfur reduction is one such factor in 

18 which Mercedes-Benz supports the EPA's incorporation of 

19 a 10 ppm annual average for gasoline in the Tier 3 

20 proposal. This advancement in fuel quality will 

21 immediately benefit the existing vehicles on the road 

22 by improving the function of catalytic converters and 
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1 decreasing the formation of smog producing pollutants. 

2 In 2006, Mercedes-Benz first capitalized on 

3 the value of low sulfur gasoline and the reduction to 

4 fuel consumption it enables when it introduced in the 

5 EU the 350CGI CLS luxury sedan, which is equipped with 

6 stratified lean burn combustion. Depending on the 

7 driving mode, engine speed, and load, gains in the fuel 

8 efficiency can range between five and 15 percent as 

9 compared to conventional stoichiometric combustion. 

10 Incorporation of this technology in the EU is enabled 

11 by a 10 ppm refinery limit in comparison to the 10 ppm 

12 annual average as proposed in the Tier 3 rulemaking. 

13 Lean burn combustion among those technologies 

14 necessary to accomplish a nearly 50 percent reduction 

15 in greenhouse gas emissions requires low sulfur 

16 gasoline for peak efficiency. Fuel efficiency gains in 

17 CO2 reductions of this magnitude required by the 

18 greenhouse gas mandate are enabled by lean burn 

19 combustion, illustrate the importance of this 

20 technology and the universal availability of low sulfur 

21 gasoline in the U.S. to the Daimler Greenhouse Gas 

22 Compliance Plan. 
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1 But sulfur reduction is not a lean burn 

2 discussion. Even existing power train architectures, 

3 including downsized turbocharged gasoline direct 

4 injected engines would also benefit from reduced sulfur 

5 and fuel, so no longer would a portion of the fuel 

6 savings realized need to be expended by periodically 

7 burning off sulfur to maintain optimum effectiveness in 

8 exhaust after treatment systems. 

9 Additionally, prior testimony highlights the 

10 fact that power train technologies which increase 

11 efficiency result in core exhaust gas temperatures, 

12 which promote sulfur deposition and inhibit burn off. 

13 Thus, the effect of low sulfur on the current fleet is 

14 immediate and enduring. No other single step can 

15 provide retroactive and future benefits in criteria 

16 emissions and greenhouse gas reduction. 

17 Looking forward, there are other significant 

18 elements regarding future fuels and ultimately engine 

19 design which can have a large impact on greenhouse gas 

20 compliance. The unprecedented increase in CAFÉ 

21 standards and the associated greenhouse gas 

22 requirements are driving a dramatic reduction or 
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1 downsizing in engine size and number of cylinders. 

2 One aspect not reduced is the customer 

3 expectation of performance, even in the wake of 

4 regulations mandating improved fuel economy. Thus, 

5 another key enabler in reducing greenhouse gas 

6 contributions while maintaining performance is 

7 increased octane and gasoline. Octane is the single 

8 most important property in gasoline when determining 

9 engine design. Higher octane fuels permit higher 

10 compression ratios which directly improve efficiency. 

11 Downsizing engines also results in greater fuel 

12 efficiency. 

13 The optimized combination of these two 

14 actions with gasoline direct injection provides 

15 remarkable gains in fuel economy, but requires high 

16 octane market fuel, higher octane than is available 

17 today. Additionally, higher octane traditionally 

18 provided through selective petroleum refining and 

19 blending can also be further increased through the 

20 addition of ethanol and blends greater than 20 percent 

21 by volume. This powerful fuel enjoys both reduced 

22 carbon intensity as well as the renewable aspects of 
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1 ethanol. 

2 A vehicle equipped with a power train, which 

3 is optimized for a high octane mid-blend ethanol fuel 

4 can simultaneously fulfill what the customer desires, 

5 performance and economy, while reducing the 

6 environmental impact. In fact, Mercedes-Benz vehicle 

7 offerings include those with E-25 capability in various 

8 global markets, and can introduce them in the U.S. if 

9 regulatory and commercial conditions warrant. 

10 To summarize, the synergy of mid-blend 

11 ethanol and higher octane based fuel in the proposed 

12 rulemaking opens the door to far greater possibilities 

13 in greenhouse gas and criteria emission reduction. 

14 Mercedes-Benz fully supports these proposed 

15 changes in certification and market fuel, and will 

16 provide detailed written comments containing specific 

17 recommendations to help advance this effort. Mercedes18 Benz, with its industry leading fuel injection and 

19 engine technology, will take full advantage of fuel 

20 economy and greenhouse gas possibilities enabled by 

21 this opportunity. 

22 Thank you. 
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1 MR. GRUNDLER: Thank you, Bill. 

2 Jan, please. 

3 MR. KONINCYKX: Good morning. My name is Jan 

4 Koninckx. I'm the Business Director for Biofuels for 

5 DuPont. I'm pleased to be here today to provide 

6 feedback to the EPA on the proposed Tier 3 motor 

7 vehicle emissions and fuel standards rule. I'm here to 

8 discuss also the bright future for renewable fuels in 

9 the United States, and the Tier 3 proposed rule 

10 includes a number of provisions that can support making 

11 renewable fuels more widely available and economically 

12 competitive. Expanding renewable fuels will ultimately 

13 drive reductions in air pollutants, a target of the 

14 Tier 3 rule. 

15 One brings a perspective of a company deeply 

16 involved in the agricultural and biofuels industries. 

17 Our seed business, DuPont Pioneer, sells corn seed to 

18 farmers growing for a variety of end use markets, 

19 including grain ethanol production. Our intimate 

20 relationship with our farmer customers and our 

21 extensive research provides us with significant insight 

22 into the economics of the harvest and the management of 
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1 corn stover as a cellulosic feed stock. We provide a 

2 variety of products for the grain ethanol business as 

3 well, and so have an intimate knowledge of the 

4 operation of the sugar fermentation operations. 

5 And one of DuPont's renewable fuels is 

6 cellulosic ethanol. We've been developing our 

7 technology for a decade. Since 2009, we have operated 

8 a demonstration facility in eastern Tennessee, 

9 producing ethanol from both corn stover and switch 

10 grass. The experience has made us very confident in 

11 our technology and the engineering for a commercial 

12 scale facility. 

13 This work has culminated in our construction 

14 of a 30 million gallon per year facility located in 

15 central Iowa, that is scheduled to begin producing 

16 cellulosic ethanol next year from corn stover. We're 

17 also demonstrating the production of cellulosic ethanol 

18 from switch grass, as I indicated just earlier. 

19 In addition to DuPont's cellulosic volumes, 

20 we anticipate a number of other countries doing the 

21 same. Multiple companies are constructing, starting 

22 up, or operating facilities producing renewable fuels 
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1 from a wide variety of cellulosic feed stocks, 

2 including corn stover, switch grass, wheat straw, 

3 municipal solid waste, and wood fiber. This diversity 

4 of operations provides a high level of confidence of 

5 multiple technology succeeding at commercial scale. We 

6 anticipate that cellulosic renewable fuels production 

7 will expand quite rapidly once technologies have been 

8 proven at commercial scale. 

9 Now, by enacting the RFS, Congress had a 

10 forward looking 15-year policy intending to incent the 

11 large-scale development of renewable fuels in the U.S.. 

12 And the existing suite of these policies, of which the 

13 RFS is a significant component, has been very 

14 successful in standing up the U.S. biofuel industry 

15 that is making a material contribution to U.S. energy 

16 security and reducing the environmental footprint of 

17 transportation. 

18 We have to remember that we started down the 

19 road of alternative transportation fuels because of the 

20 variety of security, environmental, and economic 

21 ramifications of our dependence on petroleum. Those 

22 challenges have only grown more acute, and we're making 
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1 solid progress. Future growth and biofuel supply will 

2 now come largely from non-food related feed stocks. 

3 There are a number of provisions in the Tier 

4 3 proposed rules that will achieve the desired 

5 reduction in air pollutants, but also support the 

6 objectives of the RFS, and if carefully implemented, 

7 can make renewable fuels more widely available and 

8 economically competitive. First, DuPont supports EPA's 

9 proposal to set E-15 as emissions test fuel for light 

10 duty cars and trucks, as well as heavy duty gasoline 

11 vehicles. The EPA must create the requisite incentives 

12 for auto manufacturers to pursue advanced engine 

13 technologies. Setting E-15 as the test fuel is a step 

14 in the right direction. The Tier 3 rule objectives go 

15 hand-in-hand with CAFÉ standards, and would create the 

16 flexibility that automobile manufacturers need to 

17 comply with both CAFÉ and the Tier 3 rule. 

18 The purpose of the CAFÉ standards is to 

19 reduce energy consumption that will help address our 

20 country's dependence on imported oil, save consumers 

21 money at the pump, and reduce emissions of greenhouse 

22 gases that contribute to global climate change. Higher 
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1 ethanol blends will help make significant contributions 

2 to these objectives. 

3 EPA is requesting comments on alternative 

4 approaches to implementing E-15 as the test fuel. Two 

5 of the options include requiring E-15 to be available 

6 on the market before transitioning. Instead, DuPont 

7 suggests that EPA sets a specified future date for 

8 transitioning to E-15 as a test fuel. 

9 The second provision that could encourage 

10 larger volumes of renewable fuel involves allowing 

11 vehicle manufacturers to request approval for 

12 alternative certification fuel, such as E-30. And that 

13 would give vehicle manufacturers the requisite 

14 flexibility to improve vehicle efficiency for purpose 

15 of complying with the 2017 rules. 

16 We support allowing vehicle manufacturers to 

17 request approval for alternative certification fuels, 

18 higher octane fuels, because ethanol cannot be used as 

19 an octane booster. High octane petroleum fuels are 

20 more expensive than gasoline with an 87 rating. But 

21 higher ethanol blends with higher octane should cost 

22 less per gallon than regular gasoline. 
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1 I thank you for the opportunity to speak 

2 about the important provisions of the Tier 3 motor 

3 vehicle emissions rule standard. 

4 MR. GRUNDLER: Thank you. 

5 Nancy Seidman, welcome. 

6 MS. SEIDMAN: Good morning, Chris and the 

7 panel. At least I think it's still morning. My name 

8 is Nancy Seidman. I'm an Assistant Commissioner of the 

9 Massachusetts Department of Environmental Protection, 

10 and I'm here today as Co-Chair of the Mobile Source and 

11 Fuels Committee of NACAA, the National Association of 

12 Clean Air Agencies, a national nonpartisan, non-profit 

13 association of air pollution control agencies in 43 

14 States, D.C., four territories, and over 116 

15 metropolitan areas. 

16 On behalf of NACAA, thank you for this 

17 opportunity to testify on EPA's proposed Tier 3 vehicle 

18 emissions and fuel standards. NACAA strongly supports 

19 EPA's Tier 3 proposal. We do so because we know of no 

20 other strategy that can achieve such substantial, 

21 immediate, and cost-effective reductions in air 

22 pollution as Tier 3. 
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1 More than 158 million across the Nation 

2 currently live in areas where they breathe -- where the 

3 air they breathe violates at least one of the health 

4 based National Ambient Air Quality Standards. Mobile 

5 source emissions, including those from passenger cars 

6 and light trucks that are the focus of Tier 3, are a 

7 primary contributor to these violations, playing an 

8 especially central role in elevated levels of ozone and 

9 fine particulate matter. 

10 These vehicles also contribute to toxic air 

11 pollution, regional haze, and the eutrophication of 

12 water bodies. The emission reductions that would 

13 result from the proposed Tier 3 program will benefit 

14 the citizens in every State and locality across the 

15 country. 

16 In October 2011, NACAA published a study 

17 documenting the costs and air quality benefits of Tier 

18 3 of a Tier 3 program modeled on California's Low 

19 Emission Vehicle III program, including tighter 

20 tailpipe standards and an average gasoline sulfur 

21 standard of 10 parts per million. We detailed how 

22 reducing sulfur in gasoline will enable the use of 
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1 improved emissions control technology on new cars and 

2 trucks, and result in an overnight reduction in 

3 emissions from the existing fleet on the order of 

4 nearly 300,000 tons of NOx. This is the most 

5 significant reduction in on road air pollution 

6 emissions EPA has proposed in many years. 

7 By 2030, the Tier 3 program would result in 

8 even more substantial reduction in on road mobile 

9 source emissions of criteria and toxic air pollutants. 

10 In addition, the emission reductions will continue to 

11 accrue beyond 2030 with a turnover of the vehicle 

12 fleet. While the emission benefits of Tier 3 are very 

13 high, the costs of the program are very low. NACAA 

14 predicted an increase in the cost of gasoline of less 

15 than a penny a gallon, and EPA has found the same. 

16 Opponents of Tier 3 contend that the cost of 

17 low sulfur fuel will not be less than a penny a gallon, 

18 but between six and nine cents per gallon. However, in 

19 making this estimate, they did not account for the 

20 mitigating impacts of EPA's proposed set of 

21 flexibilities, all of which have proven successful in 

22 prior fuel programs adopted by the Agency. In terms of 
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1 Tier 3 vehicle control technologies, NACAA estimated 

2 the cost to be about $150 per vehicle. EPA has found 

3 the cost to be even lower at $130 per vehicle in 2025. 

4 In all, EPA expects the monetized benefits of the Tier 

5 3 program to far outweigh the total annual program 

6 costs by about seven to one. 

7 In its draft regulatory impact analysis, EPA 

8 concludes that the cost effectiveness of the proposed 

9 Tier 3 program is less than $4,500 per ton of 

10 hydrocarbon and NOx removed in 2030, which is far more 

11 cost effective than most other potential NOx reduction 

12 measures being considered around the country. 

13 Reducing emissions that cause air pollution 

14 is a zero sum game. Foregoing reductions from one 

15 source category means seeking reductions from another. 

16 In the absence of a Federal Tier 3 program, areas in 

17 need of emission reductions will have no choice but to 

18 turn to other more expensive, less cost effective 

19 measures, including controls on small businesses, to 

20 meet their statutory clean air obligations. Moreover, 

21 achieving emission reductions of the magnitude that 

22 will result from Tier 3 could be extremely difficult in 
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1 areas where there may not be sufficient sources to 

2 control or where State and local regulation of certain 

3 sources is politically unacceptable. 

4 Not only is Tier 3 tremendously effective 

5 from an air quality perspective, it is feasible today. 

6 The proposed Tier 3 tailpipe standards are modeled on 

7 California's LEV III program. The potential 

8 technologies for this program are consistent with and 

9 almost entirely the same as those on today's California 

10 vehicles. Further, California gasoline already 

11 achieves 10 part per million sulfur on average, and 

12 gasoline in the European Union and Japan is subject to 

13 the 10 ppm cap. 

14 State and local air pollution control 

15 agencies are relying on EPA to adopt Tier 3. The Clean 

16 Air Act authorizes States to opt into California's LEV 

17 III standards, but not all States can take advantage of 

18 this opportunity. Moreover, the Clean Air Act 

19 precludes all States, except California, from adopting 

20 low sulfur gasoline standards, so it is imperative that 

21 the Federal government take action no later than 

22 December 31st, 2013, to adopt Tier 3. Otherwise, the 
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1 program may not apply to model year 2017, and an entire 

2 year will be lost. 

3 In closing, NACAA applauds EPA for proposing 

4 the Tier 3 package and reiterates its strong support 

5 for this program, which will benefit all citizens 

6 throughout the country. Thank you. 

7 MR. GRUNDLER: Thank you, Nancy. 

8 Dr. Emmett? 

9 DR. EMMETT: Hello. I'm Dr. Gary Emmett. 

10 I'm a Professor of Pediatrics at Thomas Jefferson 

11 University, and I'm the Head of Inpatient Pediatrics at 

12 the Thomas Jefferson University Hospitals. Most 

13 importantly, I'm the primary care provider for 1,400 

14 children in Philadelphia and its near suburbs. Most of 

15 my patients are people that are chronically ill, but 

16 the most common by far of the patients that are 

17 chronically ill are people with asthma. 

18 Out of my 1,400 patients, 200 of them have 

19 asthma. If I restrict my patient load to African20 Americans, it goes from one out of seven to one out of 

21 five. If I reduce my patient load to my Medicaid 

22 patients, it's one out of four that have asthma. And 
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1 this is a huge burden on my patient population, on 

2 economics, and on the hospital's resources. 

3 I have spent over 150 hours a year for the 

4 last 20 years as a volunteer in trying to decrease the 

5 burden of asthma on children in this city and State. 

6 I've been an advocate on many levels. I was one of the 

7 founding members of the Pennsylvania Allies Against 

8 Asthma, now deceased because of funding, but a great 

9 organization in its time. And I'm now the Medical 

10 Director of the Pennsylvania Asthma Partnership. 

11 Why am I spending all this time? That's 

12 about three weeks of my year that I spend doing this, 

13 and, trust me, no one pays me for it. Well, I do it 

14 because asthma is the most common cause of medical 

15 school absence nationally, and, in Philadelphia, which 

16 has an even larger burden, it reflects almost half the 

17 days lost in school to medical reasons. I do it 

18 because it's the most common reason that people from 

19 our emergency rooms are admitted to the hospital. 

20 And as an individual, I can do things to 

21 help. I have just spent the last four or five months 

22 getting a pediatric asthma pathway for our hospitals so 
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1 that each child that comes to our emergency room gets 

2 the best possible care. And that means not only making 

3 the pathway, but, even more importantly, making sure 

4 physicians follow the pathway, which is more exciting. 

5 And then secondly, I can as an individual 

6 counsel people about the fact that they should get 

7 cigarettes out of their lives. Even if they don't 

8 smoke in the house, they take the smoke with them on 

9 their clothes, and the kids wheeze. I can counsel that 

10 they should follow the recommendations of the Expert 

11 Panel Report III of the National Institutes of Health 

12 on using preventive medicine to prevent people with 

13 asthma from getting sick in the first place. But 

14 that's my little group of 1,400 patients. Maybe I can 

15 expand it because of my administrative roles for the 

16 hospital system. 

17 But as a group, we can cause an even more 

18 important effect, and that's the effect of diesel 

19 vehicle's emissions on asthma. If you live on a street 

20 that has lots of trucks and buses going down it, your 

21 chances of having either chronic or acute asthma is 

22 almost double that of someone who lives in the same 
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1 city a few blocks away on a quiet street that doesn't 

2 have trucks on it. 

3 So we know that truck emissions, even though 

4 the diesel vehicles are much cleaner than they ever 

5 were, we know we can do more. And we can, once we have 

6 a problem, solve it. When I started I pediatrics 34 

7 years ago, the average lead in a child in Philadelphia 

8 was a 20 micrograms per deciliter. It is now a three. 

9 There's no safe level of lead in children, but three 

10 is a lot better than 20. 

11 In this same way, if we can actually stop 

12 trucks and buses from idling, if we can install systems 

13 that turn them off when they come to a red light, if we 

14 can take the city light system, stop light system, and 

15 get them to be coordinated so there are less stops and 

16 less traffic jams, and on a few streets put some 

17 traffic officers to stop traffic jams from happening, 

18 we can reduce the number of children I see in the ER. 

19 We can reduce the number of children admitted, and we 

20 can have children go to school a lot more days than 

21 they're going to school right now. And from the world 

22 of pediatrics, we would thank -- all of us would thank 
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1 you if you could do anything to help us out on that. 

2 Thank you very much. 

3 MR. GRUNDLER: Thank you, Dr. Emmett. 

4 Ms. Paulsen? 

5 MS. PAULSEN: Hello. My name is Caroline 

6 Paulsen, and I'm with the Environmental Defense Fund. 

7 On behalf of the Environmental Defense Fund and our 

8 more than 750,000 members nationwide, and the numerous 

9 members here in the Keystone State, I thank you for the 

10 opportunity to testify today in support of these vital 

11 standards to reduce soot, smog, and toxic air pollution 

12 from our Nation's fleet of passenger cars and trucks. 

13 These standards will prevent thousands of deaths each 

14 year and will provide billions of dollars in public 

15 health benefits, all for about a penny a gallon. 

16 Americans depend heavily on our passenger 

17 vehicles. In Pennsylvania alone, there are more than 

18 nine million registered passenger cars and light 

19 trucks. Almost 90 percent of us use personal vehicles 

20 every day for travel. Fortunately, our cars are far 

21 cleaner and more efficient than the gas guzzling black 

22 smoke spewing vehicles of decades past thanks in large 
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1 part to the Environmental Protection Agency's clean air 

2 leadership. 

3 But today's passenger cars and trucks still 

4 remain the second largest emitters of nitrogen oxides 

5 and volatile organic compounds in the U.S., the primary 

6 pollutants that form ozone smog. High ozone levels 

7 cause decreased lung function, aggravated asthma, and 

8 are associated with premature death. Pennsylvania has 

9 five cities with ozone concentrations that exceed the 

10 national health-based standards, and three of those 

11 cities are in the top 20 most polluted cities in the 

12 Nation for ozone. 

13 Our passenger vehicles also emit more than 

14 half of all carbon monoxide pollution, and contribute 

15 significantly to particulate matter emissions and air 

16 toxics. Particulate pollution or soot has many harmful 

17 health impacts, including premature death. Eight major 

18 cities in Pennsylvania, home to millions of people, do 

19 not meet National Ambient Air Quality Standards for 

20 particulate matter. And Pittsburgh, Harrisburg, and 

21 Philadelphia rank among the top 20 most polluted cities 

22 for particulates. 
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1 The vital importance of cleaner air for our 

2 families, our communities, and our Nation is why I'm 

3 here today joined by so many others to support the Tier 

4 3 proposal, and it's why EPA should finalize this 

5 important rule without delay. The proposed standards 

6 would reduce sulfur levels in gasoline, allowing 

7 catalysts in new and existing vehicles to perform 

8 better. As a result of these cleaner fuel standards, 

9 our Nation and the communities here in Pennsylvania 

10 would see immediate reductions in smog forming nitrogen 

11 oxide emissions. And EPA estimates those reductions 

12 could be significant enough to bring ozone 

13 concentrations in communities like Bucks County from 

14 levels above the health based standards today to levels 

15 below the health standard in 2017, the first year of 

16 the Tier 3 program. 

17 Additionally, the proposed tailpipe 

18 standards, which will require new engines to burn 

19 cleaner, are projected to reduce smog forming 

20 pollutants by 80 percent, and particulate pollution by 

21 70 percent from today's fleet of vehicles. According 

22 to EPA analysis, the particulate reductions from our 
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1 passenger vehicles will result in significant declines 

2 in air pollution concentrations in cities across this 

3 State, including Pittsburgh. 

4 The human health benefits of this proposal 

5 are profound. That is why it's supported by the 

6 American Lung Association, the Nation's air quality 

7 control officials, and millions of Americans. The 

8 emissions reductions will result in up to 2,400 fewer 

9 lives lost, and it will prevent 3,200 hospital visits 

10 and 22,000 asthma attacks, not in total, but every 

11 year. 

12 EPA estimates these health care savings could 

13 total up to $23 billion annually. And the cost to 

14 achieve these vital health protections is only a penny 

15 a gallon for the cleaner gasoline. This estimate is 

16 based on several major studies, including an EPA 

17 analysis, a technical analysis by MathPro, and an 

18 economic analysis by Navigant Economics. 

19 The Tier 3 program provides a clear vision 

20 for healthier air today and a lasting clean air future 

21 for our children. The systems approach of establishing 

22 protective emission standards for cleaner cars and 
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1 fuels together will drive investment and development in 

2 emissions control technology, allow manufacturers to 

3 efficiently align technology upgrades, and provide 

4 long-term regulatory certainty for the U.S. auto 

5 industry, all while reducing the health burden on 

6 American families. 

7 In conclusion, the Environmental Defense Fund 

8 is proud to join the auto manufacturers, the auto 

9 workers, the emissions control technology industry, the 

10 health experts, the environmental organizations, the 

11 State and local air pollution control agencies, the 

12 consumer groups, and the public who all agree that 

13 cleaner passenger cars and trucks are an important step 

14 forward for a healthier and stronger America. 

15 Thank you. 

16 MR. GRUNDLER: Thank you. 

17 Ms. Higgins, you're up. 

18 MS. HIGGINS: Good afternoon. Thank you for 

19 the opportunity to testify today. My name is Meghan 

20 Higgins, and I'm the Senior Washington Representative 

21 for the Clean Vehicles Program at the Union of 

22 Concerned Scientists. UCS is the Nation's leading 
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1 science-based non-profit putting rigorous independent 

2 science to work to solve our planet's most pressing 

3 problems. On behalf of UCS' more than 400,000 

4 supporters and network of more than 23,000 scientists, 

5 engineers, and public health professionals, UCS 

6 strongly supports the cleaner gasoline and tailpipe 

7 standards proposed by the Environmental Protection 

8 Agency, and urges the EPA to move as quickly as 

9 possible to finalize the standards. 

10 Why should EPA move quickly to finalize the 

11 so-called Tier 3 standards? Because failure to do so, 

12 to finalize the rule in 2013, will mean that the 

13 standards will not take effect in 2017, and we will 

14 lose an entire model year worth of benefits. And those 

15 benefits, as you've heard from many people before me, 

16 include reducing air pollution, improving public 

17 health, and creating thousands of new jobs in an ailing 

18 economy, both at the refineries and at high tech 

19 companies developing and deploying state-of-the-art 

20 emission control equipment for vehicles. 

21 One of the unique benefits of the Tier 3 

22 program is that by lowering sulfur and the gasoline 
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1 that goes into vehicles already on the road, the 

2 program will have immediate positive impact. Reducing 

3 the sulfur content of the gasoline helps the catalytic 

4 converters work more efficiently, reducing emissions 

5 from the legacy fleet even while we wait for the 

6 vehicle fleet to turn over. By setting the standards 

7 for the fuel and the vehicle together -- what's called 

8 the systems-based approach -- the Tier 3 standards are 

9 able to achieve the greatest emission reductions at the 

10 lowest cost to society. 

11 We witnessed the success of this approach to 

12 cleaning up our vehicle fleet with the Tier 2 

13 standards, which were phased in through 2007. These 

14 standards successfully reduced tailpipe emissions and 

15 the sulfur content of gasoline, providing cleaner air 

16 for all Americans. But we can and we must do more to 

17 protect the most vulnerable among us from unhealthy 

18 air. And that is why is moving ahead with the next 

19 phase of gasoline and tailpipe standards is critical. 

20 According to the proposal released by EPA on 

21 March 29th, Tier 3 will prevent 2,400 premature deaths, 

22 avoid 3,200 hospital admissions, and eliminate 22,000 
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1 asthma attacks each year by 2030. And all of this can 

2 be accomplished, but with technology we are already 

3 have. 

4 Tier 3 is consistent with the global trend to 

5 reduce sulfur and gasoline. Refiners are already 

6 producing ultra-low sulfur fuel in California and much 

7 of the developed world, demonstrating that the 

8 technology to meet these standards has already been 

9 deployed. In 2012, the Hart Energy International Fuel 

10 Quality Center ranked the top 100 countries based on 

11 sulfur limits and gasoline. The United States at the 

12 current level of 30 parts per million is ranked 47th 

13 with higher sulfur levels than Japan, South Korea, 

14 Turkey, Taiwan, Thailand, Chile, and all of Europe. 

15 Meeting the 10 part per million standard is 

16 estimated to cost the refiners less than a penny a 

17 gallon, and let's make sure that's perfectly clear. 

18 This is the cost to the refiners. A study by Navigant 

19 Economics confirms EPA's estimates, finding that the 

20 cost of complying with Tier 3 for U.S. refiners is "in 

21 the vicinity of one cent per gallon." Additionally, 

22 Navigant states that, "This expression of the 
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1 compliance cost on a cents per gallon basis does not 

2 imply that these compliance costs will be passed on 

3 fully to the consumer." 

4 The oil industry is one of the world's most 

5 profitable industries. The five largest companies took 

6 home a combined $118 billion in profits in 20122 alone. 

7 It's time for the oil industry to stop blocking 

8 progress, and given their record profits, less than a 

9 penny a gallon is a small price to pay to protect the 

10 air that we all breathe. 

11 Despite its fear mongering, the oil industry 

12 stands alone in its opposition to the Tier 3 program. 

13 It would have you believe that the standards are 

14 unnecessarily burdensome, that the challenge is too 

15 great, and that the costs are too high. I work with 

16 scientists and engineers every day, and I can assure 

17 that this is not a question of whether or not we have 

18 the technical capacity to meet these standards. 

19 Scientists and engineers in the United States and 

20 around the world are already achieving goals of these 

21 standards, and are doing so in a cost-effective way. 

22 And that is why the standards are supported by health 
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1 groups, labor organizations, environmental and faith 

2 communities, the auto industries, State and local 

3 officials, among others. 

4 Please don't let the oil industry's 

5 misleading analysis stand in the way of improving 

6 public health for everyone. On behalf of the UCS and 

7 all of our members and supporters, I urge you to 

8 finalize this rule before the end of the year, and 

9 thank you for the important work that you all do to 

10 protect human health, clean our air, and create a more 

11 sustainable future for us all. 

12 MR. GRUNDLER: Thank you. 

13 Mr. German, you have the last word. 

14 MR. GERMAN: Standing between people and 

15 lunch. 

16 My name is John German. I'm a Senior Fellow 

17 at the International Council on Clean Transportation. 

18 ICCT has broad expertise in all transportation areas, 

19 and our primary mission is to help regulatory agencies 

20 worldwide reduce air quality pollutants and greenhouse 

21 gas emissions. 

22 The ICCT strongly supports the proposed Tier 
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1 3 standards. The standards will maintain U.S. 

2 leadership in light duty vehicle emission controls and 

3 allow the U.S. to catch up to Europe on gasoline fuel 

4 quality. Not only will the requirements improve public 

5 health in the U.S., they will help accelerate 

6 introduction of inexpensive emission controls in other 

7 countries. 

8 The two keys to low vehicle emissions are 

9 precise air fuel control and rapid catalyst light off. 

10 Since the Tier 2 standards were adopted, there have 

11 been major improvements in emission control technology. 

12 Catalysts have improved dramatically. Fuel injection 

13 is more precise. Feedback of actual air fuel ratio is 

14 faster. Software algorithms to predict air fuel ratio 

15 have improved, and drive by wire system allow air and 

16 fuel to be changed simultaneously. This has raised 

17 catalyst conversion efficiency to unprecedented levels. 

18 The other major improvement has been 

19 development of initial idle retard for cold start, 

20 which can light up the catalyst before the initial 20-

21 second idle period is done. Combining these 

22 technologies allow light duty vehicles to easily meet 
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1 the proposed Tier 3 standards, even without consider 

2 other improvements. 

3 The ICCT fully supports extending chassis 

4 based emission requirements to all complete vehicles up 

5 to 14,000 gross vehicle weight. The trend since the 

6 first standards were adopted in the 1970s has been to 

7 increase the GBW of many light trucks above the 

8 threshold for light duty standards. This has 

9 especially been a problem for diesel engines and pickup 

10 trucks, which are only sold above the 8,500 GBW light 

11 duty emission threshold. Extending the threshold to 

12 14,000 will ensure emission standards are applied 

13 appropriately to all complete vehicles. Similarly, the 

14 ICCT fully supports extending the supplemental FTP 

15 requirements to complete vehicles between 8,500 and 

16 14,000, which were previously exempt. 

17 It appears that EPA is using outdated and 

18 overstated cost estimates. For example, the regulatory 

19 impact analysis shows that the estimated increase in 

20 precious metal cost compared to Tier 2 is $61 for a 

21 four-cylinder engine. For comparison, an ICCT study 

22 published last year found that precious metal loadings 
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1 have been decreasing over time, and a Tier 3 four2 cylinder vehicle only has $71 of precious metals in 

3 total now. EPA needs to recalibrate its cost estimates 

4 for the declining precious metal loadings. 

5 The ICCT commends the EPA for fully -- 

6 finally proposing to reduce gasoline sulfur to 

7 reasonable levels. Japan and South Korea have required 

8 10 ppm sulfur and gasoline since 2007 and Europe since 

9 2009. Even Chile has required 15 ppm sulfur and 

10 gasoline since 2010. Given the leadership shown by the 

11 U.S. in most environmental areas, a lack of sulfur 

12 control and gasoline has been an inexplicable lapse. 

13 Further, the cost of reducing sulfur from 30 

14 ppm to 10 ppm is very modest. A recent study by 

15 MathPro for the ICCT found that the cost would be .08 

16 to 1.4 cents per gallon. This cost includes revamping 

17 the FCC naphtha hydro treaters, historical rates of 

18 return on investment, supplying the additional hydrogen 

19 needed, and replacing losses in both gasoline volume 

20 and octane. In fact, the cost estimates are likely 

21 overstated, as MathPro assumed that all existing hydro 

22 treating capacity would require revamping, even though 
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1 many hydro treaters installed to meet the Tier 3 sulfur 

2 requirements are already capable of meeting the 10 ppm 

3 standard. 

4 I also want to emphasize that the impact of 

5 sulfur on older vehicles in grams per mile are fully as 

6 large as on Tier 3 vehicles, if not larger. And as 

7 most of the sulfur impacts are reversible, reducing the 

8 sulfur will result in immediate and very large end use 

9 emission reductions. 

10 ICCT does have concerns in two areas. First, 

11 while the proposed supplemental FTP standards are a 

12 major improvement over the SFTP standards with Tier 2, 

13 they are still not stringent enough. The Tier 1 SFTP 

14 standards were set at the same numeric level as the 

15 Tier 1 FTP standards. While the proposed SFTP NMOG 

16 plus NOx standards are 67 percent higher than the 

17 proposed FTP standards. The problem is far worse for 

18 particulate matter. As the proposed SFTP particulate 

19 standard is 3.3 times larger for light vehicles and 6.7 

20 times larger for heavy duties -- heavier vehicles than 

21 the FTP particulate standard. 

22 The ICCT is also concerned about the revision 
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1 to use E-15 for test fuel. This is acceptable for 

2 certification vehicles, but it appears the EPA is also 

3 proposing to use E-15 for fuel economy testing. 

4 Fifteen percent ethanol provides significant 

5 evaporative cooling in the cylinder, which would allow 

6 manufacturers to make modifications to improve fuel 

7 economy in the test cycles, but which would not 

8 necessarily be achieved end use. 

9 And I'll skip my closing. Thank you. 

10 MR. GRUNDLER: Thank you very much. 

11 Questions from the panel? 

12 [No response.] 

13 MR. GRUNDLER: Okay. Thank you very much. 

14 We're running about 15 minutes early, so we will start 

15 panel four at 1:05. Break for lunch now. Thank you 

16 very much. 

17 [Whereupon, at 12:20, the meeting was 

18 recessed for lunch, to reconvene at 1:10 p.m.] 

19 MR. GRUNDLER: We are ready to proceed with 

20 panel four, and I'd like to start with Molly Rauch from 

21 the Mom's Clean Air Force. Did I pronounce your name 

22 correctly? 
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1 MS. RAUCH: Yes, thank you. Good afternoon. 

2 I'm Molly Rauch with Mom's Clean Air Force, and I 

3 really appreciate the opportunity to speak with you 

4 today. On behalf of Mom's Clean Air Force and our more 

5 than 130,000 members nationwide, I thank you for the 

6 opportunity to speak today on this very important 

7 proposal to address vehicle emissions. 

8 I'm speaking to you today as a mom. I have 

9 three children ages five, seven, and nine. My youngest 

10 turned five just yesterday, and as I watched him blow 

11 out his candles last night, I was thinking about this 

12 hearing today and how my son's ability to take a big, 

13 deep breath, and make a wish, and blow out his candles 

14 was a precious gift, one that I can't take for granted, 

15 and one that we all should work hard to protect. 

16 One in 10 American children suffer from 

17 asthma. Meanwhile, more than 40 percent of Americans 

18 live in areas where air pollution levels exceed at 

19 least one Federal health standard, and cars a major 

20 part of that problem. Cars emit soot as well as the 

21 ingredients that form smog. Soot and smog trigger 

22 asthma attacks, making asthma worse among those who 
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1 already have it and, research suggests, also causing 

2 asthma to develop in otherwise healthy children. 

3 Asthma attacks are dangerous health events, 

4 and as I know from my friends who have children with 

5 the disease, asthma attacks also burden families with 

6 missed school and work day. They send families to the 

7 doctor's office and to the pharmacy to buy medicine. 

8 They flood the health care system with emergency room 

9 visits, and they're terrifying. My children do not 

10 have asthma thankfully, but I myself carry an inhaler 

11 for my own occasional bouts of wheezing. So I know 

12 personally how frightening the symptoms can be. 

13 EPA's proposed cleaner gasoline and tailpipe 

14 standards will cut harmful emissions of smog-forming 

15 nitrogen oxides and volatile organic compounds by 80 

16 percent from today's levels. They'll cut dangerous 

17 particle pollution or soot by 70 percent, and dangerous 

18 air toxics pollutions, such as benzine, by nearly 40 

19 percent. And they'll do this by reducing the sulfur 

20 content of gasoline and tightening tailpipe emissions. 

21 The air pollutants that are addressed in the 

22 proposed standards are correlated in study after study 
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1 in a robust body of research with not only asthma, but 

2 also bronchitis, pneumonia, heart disease, stroke, 

3 increased hospital admissions, stunted lung development 

4 heart attacks, and premature death. Children, the 

5 elderly, and people who are already sick are especially 

6 vulnerable to the health effects of these air 

7 pollutants, but they're not the only ones affected. 

8 Every person who breathes may be affected by these 

9 health impacts, all of which is to say that while moms 

10 have a special interest in this issue, all Americans 

11 have a stake in the proposed standards today. 

12 That's why Mom's Clean Air Force strongly 

13 supports the proposed standards, which will prevent up 

14 to 22,000 asthma attacks every year, according to EPA's 

15 analysis of the health benefits. The standards will 

16 also prevent up to 2,400 premature deaths and 3,200 

17 hospital admissions nationwide every year. They will 

18 reap up to $23 billion in annual health care savings by 

19 2030, and they will cost about a penny per gallon. 

20 They'll protect our kids, save us money, and they don't 

21 cost us every much to implement. They also have broad 

22 support, as you've heard today, from auto makers, 
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1 health professionals, the emissions control industry, 

2 national recreation groups, and others. 

3 By slashing tailpipe emissions, the standards 

4 very importantly will also help those children who live 

5 closest to major roads and traffic congestion. Those 

6 children are disproportionately African-American, 

7 Hispanic, and other minorities. They also tend to be 

8 poorer than children who live farther away from 

9 highways and traffic. Not unexpectedly, such children 

10 are more likely to have asthma than their white peers. 

11 So the standards will improve the health of 

12 those children who need it most, and will help mitigate 

13 the racial, ethnic, and economic disparities of 

14 pollution exposures and disease distribution. It just 

15 makes good sense to clean up asthma triggers at their 

16 source. 

17 I live with my family in Washington, D.C., a 

18 city with notoriously horrible traffic that also often 

19 has unhealthy levels of ozone. In fact, D.C. has 

20 received a failing grade for ozone levels from the 

21 American Lung Association "State of the Air Report." 

22 The proposed cleaner gasoline and tailpipe standards 
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1 will help reduce the number of days that my children 

2 have to breathe unhealthy levels of smog. 

3 Please finalize these health protective 

4 standards quickly so that my children and yours can 

5 blow out their birthday candles year after year. Thank 

6 you. 

7 MR. GRUNDLER: Thank you very much. 

8 Jim Kliesch? 

9 MR. KLIESCH: My name is Jim Kliesch, Honda's 

10 Environmental Regulatory Affairs Manager, and I am here 

11 today to voice Honda's strong support for key aspects 

12 of EPA's proposed Tier 3 motor vehicle emission and 

13 fuel standards. 

14 Honda is a company long committed to the 

15 environment, social responsibility, and sustainability, 

16 and we appreciate the Agency's efforts to reduce 

17 vehicle emissions and the adverse health impacts 

18 associated with them. 

19 Honda's engineers and certification 

20 specialists are presently assessing the rule in detail, 

21 and we will speak to it in its entirety in written 

22 comments submitted within the comment period. Today, 
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1 however, I would like to spend my time to raise two 

2 issues that Honda considers of critical importance: 

3 gasoline sulfur and harmonization between Federal and 

4 State regulatory requirements. 

5 As you know, through the use of sophisticated 

6 emissions control technology, the automotive industry 

7 has been able to achieve extraordinarily low exhaust 

8 levels throughout a vehicle's life. The anticipated 

9 Tier 3 standards and the LEV Ill standards of 

10 California will push those emissions to near zero 

11 levels. But doing so requires the use of vehicle 

12 technology and fuels that complement one another. 

13 Sulfur in gasoline has long been known to adversely 

14 affect catalyst performance and, as a result, achieving 

15 the Tier 3 and LEV Ill stringencies is highly dependent 

16 on the vehicles' use of low-sulfur fuel. California 

17 has recognized this in its LEV Ill standards, requiring 

18 an average of 15 parts per million and a cap of 20 

19 parts per million. It is critical that EPA set a 

20 national gasoline sulfur average and cap levels 

21 equivalent to those specified in the California 

22 regulations. 
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1 Lowering sulfur will enable new vehicles to 

2 better meet the cleaner proposed emissions standards 

3 for the duration or their useful life, improving air 

4 quality as those vehicles work their way into the 

5 vehicle population. It's also worth mentioning that 

6 lowering the sulfur content of gasoline has another, 

7 less gradual benefit. As the Agency notes in the 

8 proposed rule, cleaner fuel "facilitates immediate 

9 emissions reduction from all vehicles on the road at 

10 the time the sulfur controls are implemented." Failing 

11 to bring cleaner fuel to market in a timely manner 

12 would miss a fundamental opportunity presented by this 

13 systemic approach to regulating both vehicles and 

14 fuels. 

15 It should also be noted that the Tier 3 

16 standards have an important relationship with other 

17 recently finalized vehicle regulations, the model year 

18 2017-2025 fuel economy and vehicle greenhouse gas 

19 standards. As a result of the latter set of standards, 

20 numerous efforts are now underway to improve the 

21 thermal efficiency of advanced internal combustion 

22 engines. These efforts are successfully reducing waste 
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1 heat, delivering more energy to the wheels. Yet 

2 because catalysts use wasted engine heat to reach 

3 operating temperatures, cooler engines mean catalyst 

4 operating temperatures. These catalysts are more 

5 likely to be poisoned by sulfur in the fuel. 

6 Countermeasures to ensure after treatment operability 

7 in a sulfur-rich environment would require burning 

8 burning unnecessary excess fuel, eroding mpg and 

9 putting additional greenhouse gas emissions into the 

10 atmosphere, exactly the opposite of the intended fuel 

11 economy and greenhouse gas regulations. 

12 Setting fuel sulfur standards comparable to 

13 those currently set in California would ensure that the 

14 Tier 3, LEV III, fuel economy, and vehicle greenhouse 

15 gas policies are working not at odds with one another, 

16 but rather in a complementary manner, opening doors to 

17 future designs that are both cleaner and more fuel 

18 efficient. 

19 The second matter I'd like to raise today is 

20 the issue of harmonization between Federal and State 

21 standards. Much has been said during the past few 

22 years about the importance of regulatory harmonization. 
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1 With near unanimity, the auto industry supported the 

2 2012 to 2016 and 2017 to 2025 vehicle greenhouse gas 

3 standards, in large part because it represented a 

4 national, unified solution to a complex set of 

5 competing Federal and State standards. Honda produces 

6 a wide range of vehicles for an equally wide 

7 demographic of buyers that requires multidimensional 

8 considerations about what to produce, how many to 

9 produce, the cost to produce our products, and where 

10 those models will most likely be purchased. Having to 

11 deal with competing Federal and State regulatory 

12 requirements only complicates those decisions further. 

13 As the EPA considers setting Tier 3 vehicle 

14 emissions and fuel requirements, we urge the Agency to 

15 harmonize to the greatest extent possible with 

16 California's LEV III regulations for certification fuel 

17 characteristics and market fuel characteristics and 

18 market fuel characteristics. Doing so would enable one 

19 fleet of vehicles to meet all U.S. regulations, 

20 substantially easing both the regulatory burden and 

21 cost of complying, letting us provide our customers 

22 greater affordability, and allowing us to design our 
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1 vehicles to maintain consistent performance and 

2 emissions durability across the Nation. 

3 One of the more important regulatory 

4 achievements of this Administration has been its 

5 actions to harmonize the Federal fuel economy and 

6 vehicle greenhouse gas regulations with those of 

7 California. A harmonized set of tailpipe emissions and 

8 fuel regulations would complement a key objective laid 

9 out by President Obama in the May 21st, 2010 White 

10 House memorandum. It states: "The national program 

11 should seek to produce joint Federal standards that are 

12 harmonized with applicable State standards, with the 

13 goal of ensuring that automobile manufacturers will be 

14 able to build a single, light duty national fleet." We 

15 couldn't agree more. 

16 MR. GRUNDLER: I need you to wrap it up, Jim. 

17 MR. KLIESCH: Honda urges the Agency to 

18 finalize a set of standards that offers the greatest 

19 degree of harmonization with State standards, as well 

20 as to ensure that the fuel operated in these vehicles 

21 will accommodate the advanced emissions control systems 

22 needed to meet the proposed standards. 
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1 Once again, we thank the Agency for its work 

2 in developing these proposed standards. We look 

3 forward to their prompt finalization by the end of 

4 2013, to maximize regulatory certainty. 

5 Thank you again for the opportunity to 

6 testify today. I appreciate your attention. 

7 MR. GRUNDLER: Thank you, Jim. 

8 Mr. Hirshfeld, welcome. 

9 MR. HIRSHFELD: Thank you. Good afternoon. 

10 My name is Dave Hirshfeld. I'm the head of MathPro, 

11 Incorporated, a consulting firm specializing in the 

12 technical and economic analysis of refining operations. 

13 In the summer of 2011, the International Council on 

14 Clean Transportation commissioned us to estimate the 

15 U.S. refining sector's investment requirements and 

16 average cost for reducing average sulfur content of the 

17 U.S. gasoline pool from 30 ppm, the current standard, 

18 to 10 ppm, the proposed Tier 3 standard, and also for 

19 reducing the summer re-vapor pressure standard of U.S. 

20 conventional gasoline. Our report from that study was 

21 submitted to EPA in October of 2011. 

22 My testimony today deals exclusively with 
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1 sulfur control. 

2 Our analysis indicated that the refinery 

3 investment for meeting the 10 ppm gasoline sulfur 

4 standard would be in the range of $3 to $4 billion per 

5 year, and that the corresponding total annual refining 

6 cost would be in the range of $.9 to $1.5 billion a 

7 year. And that corresponds to an average cost of 

8 eight-tenths of a percent to 1.4 cent per gallon of 

9 gasoline. 

10 This range of estimated average cost reflects 

11 different assumptions regarding two economic factors: 

12 the rate of return on refinery investment and the 

13 capital cost of revamping FCC naphtha hydro treaters, a 

14 particular type of unit in U.S. refineries to enable 

15 those units to carry out the more severe de16 sulfurization needed to meet the 10 ppm standard. 

17 The higher estimate of 1.4 cents a gallon 

18 reflects a 10 percent after tax return on investment 

19 and a capital cost for revamping of about 50 percent, 

20 about half, of the capital costs for a grass roots unit 

21 of the same kind and size. The lower estimate of 

22 eight-tenths of a cent a gallon reflects a seven 
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1 percent pre-tax return on investment, and about a 30 

2 percent factor applied to the capital cost of revamping 

3 a grass roots unit. 

4 In turn, we estimated that the capital cost 

5 of a grass roots FCC naphtha hydro treater would be 

6 about $1,800 per barrel per day, which is a standard 

7 unit of capital cost measurement and refining, and that 

8 includes both on-site and offsite investments. These 

9 investment estimates and refining cost estimates cover 

10 de-sulfurizing the refinery streams needed to meet the 

11 10 ppm average, supplying the additional hydrogen 

12 needed for de-sulfurization, replacing the small losses 

13 in both gasoline volume and gasoline octane that 

14 accompany tight de-sulfurization, and expanding 

15 refineries' sulfur recovery in offsites is needed to 

16 support additional sulfur control. 

17 We conducted our analysis using four regional 

18 refinery LP models representing projected aggregated 

19 refining capacity in pads one through four, with all 

20 major regulatory programs affecting fuel quality in 

21 place. We have used similar refinery LP models in many 

22 previous analyses of the refining costs of new fuel 
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1 standards, including Tier 3 gasoline sulfur, ULSD, 

2 Federal and California RFG programs, and Arizona CBG. 

3 In this study, our models represented the 

4 U.S. refining sector maintaining regional and total 

5 U.S. gasoline production at the volumes projected by 

6 EIA for 2015, meaning the refineries would adjust 

7 operations to replace the small losses in volume that 

8 would accompany tighter sulfur control. Our projected 

9 product volumes, crude oil, and natural gas prices for 

10 2015 were developed from EIA's AEO 2011. 

11 Meeting the 30 ppm standard, we posited that 

12 the method of choice for refiners would be to revamp 

13 their existing units rather than build grass units of 

14 another type. Refineries that now meet the 30 ppm 

15 standard with these units would add facilities, go 

16 through a revamp, and through that achieve the 10 ppm 

17 standard. 

18 We understand that many of these units that 

19 are already in place already have the capability to 

20 meet a 10 ppm standard, but in our analysis, we assume 

21 that all units in the U.S. refining sector would 

22 require revamping. 
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1 The U.S. refining industry has already 

2 installed about 75 of these advanced units in order to 

3 comply with Tier 2, and many similar units have been 

4 installed in other countries as well. Hence, the range 

5 of capital costs and operating costs for these units is 

6 now reasonably well established. 

7 I see I've run out of time, so I'll end it 

8 there. Thank you. 

9 MR. GRUNDLER: Thank you, Mr. Hirshfeld. 

10 We'll probably have some follow-up questions for you, 

11 so you can elaborate then. 

12 Ms. Ways, Maryland. Welcome. 

13 MS. WAYS: Good afternoon. My name is Marcia 

14 Ways, and I'm the Program Manager for the Mobile 

15 Sources Control Program in the Air and Radiation 

16 Management Administration at the Maryland Department of 

17 the Environment. I appreciate this opportunity to 

18 testify on the EPA's proposed Tier 3 motor vehicle and 

19 fuel standards. 

20 I'm here today to commend EPA on issuing the 

21 proposed Tier 3 standards and to offer Maryland's full 

22 support of this important air quality program. We know 
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1 of no other strategy that can provide the substantial, 

2 immediate, and cost-effective air quality benefits as 

3 these Tier 3 standards. 

4 The Tier 3 standards are critical to Maryland 

5 in several ways. They are the single most important 

6 set of measures that EPA can implement to reduce 

7 transportation-related emissions, which are the number 

8 one contributor to Maryland's problems with ground 

9 level ozone. Unfortunately, Maryland records the worst 

10 ozone levels anywhere east of the Mississippi. The 

11 Tier 3 standards will dramatically reduce the emissions 

12 from local vehicles, but, more importantly, they will 

13 also reduce emissions from vehicles traveling through 

14 Maryland, as well as those operating in States upwind 

15 of us. About 70 percent of Maryland's ground level 

16 ozone problems originates in upstate winds -- I'm 

17 sorry, upwind States. Mobile sources are the most 

18 significant contributor to Maryland's problem with 

19 ozone transport. 

20 The low sulfur fuel component of the Tier 3 

21 standards alone will provide significant local 

22 reductions in NOx emissions from the existing fleet. 
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1 Our research shows that reducing NOx emissions is the 

2 key to further reducing ground level ozone. The NOx 

3 reductions from the Tier 3 program are absolutely 

4 critical to Maryland's ability to attain the ozone 

5 standard, as well as our efforts to restore the 

6 Chesapeake Bay. 

7 The automobile industry has achieved amazing 

8 technological advances in reducing automobile emissions 

9 and is now doing the same in improving fuel efficiency. 

10 The petroleum industry has made similar progress in 

11 reducing the emissions from fuels that are used to 

12 power our vehicles. In spite of tremendous progress 

13 made at the State, regional, and Federal levels over 

14 the past 40 years, poor air quality continues to be one 

15 of our State's most pervasive environmental problems. 

16 The Tier 3 standards will benefit Maryland by 

17 reducing emissions of the pollutants that cause our 

18 continuing ozone non-attainment problem. More than 90 

19 percent of Maryland's citizens live in ozone non20 attainment areas, and reducing NOx emissions is crucial 

21 to improving this air quality. 

22 In 2006, Maryland adopted one of the 
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1 country's toughest power plant laws called the Maryland 

2 Healthy Air Act. Because of this law, mobile sources 

3 are now the leading contributor to NOx emissions in 

4 Maryland, emitting more than twice the emissions of 

5 power plants. Emissions from cars and trucks also 

6 contribute to fine particle pollution and are key 

7 sources of hazardous air pollutants. These pollutants 

8 disproportionately affect people living and working in 

9 our urban communities where vehicle congestion and 

10 population density are highest. 

11 NOx and other vehicle related pollutants also 

12 contribute to the number of -- I'm sorry -- a number of 

13 environmental problems, such as acid rain, stream 

14 eutrophication, and regional haze that affect cherished 

15 and economically valuable natural resources, such as 

16 the Chesapeake Bay. The Chesapeake Bay is a national 

17 treasure and vital to the economic health and cultural 

18 identity of Maryland. 

19 Reducing mobile source NOx emissions is an 

20 important component of our Chesapeake Bay restoration 

21 effort. Atmospheric deposition of nitrogen is 

22 responsible for approximately one-third of the Bay's 
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1 nutrient pollution, and 50 percent of that nitrogen is 

2 attributable to mobile source emissions. The Tier 3 

3 standards will dramatically reduce nitrogen deposition 

4 to the Bay. 

5 Maryland has already implemented some of the 

6 most stringent emission control strategies in efforts 

7 to attain the ozone standard. The Maryland Healthy Air 

8 Act, designed to reduce power plant and NOx emissions 

9 by 75 percent and SOCs emissions by 85 percent, is now 

10 in place and has cut emissions from that sector 

11 dramatically. 

12 Maryland has also regulated emissions from 

13 consumer goods, such as household products, perfumes 

14 and dyes, household and industrial paints, asphalt 

15 paving operations, and cement plants. On the mobile 

16 source side, Maryland has adopted the California Low 

17 Emissions Vehicle program. We have required the use of 

18 Federal reformulated gasoline in all of our non19 attainment areas, and we operate a highly effective 

20 vehicle emissions inspection and maintenance program. 

21 Given the stringency of Maryland's existing 

22 emissions controls, the Federal constraints on State 
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1 regulation of motor vehicles and fuels, and the fact 

2 that Maryland is significantly impacted by pollution 

3 transport from sources outside the region, these 

4 national emission control measures for cars and trucks 

5 are critical to achieving further improvements in our 

6 air quality. 

7 The world is moving towards cleaner cars and 

8 lower sulfur gasoline. We are confident that the 

9 refiners and the automobile manufacturers will continue 

10 to find new and innovative ways to meet the new 

11 requirements. As a State agency facing the challenges 

12 of attaining the health-based standards for ozone and 

13 particulate matter, as well as undertaking measures to 

14 address widespread toxic air pollution, a stringent and 

15 cost effective program to tackle emissions from cars 

16 and trucks, which are key contributors to all of these, 

17 is critical. 

18 Maryland encourages EPA to take full 

19 advantage of this opportunity to establish a meaningful 

20 and effective Tier 3 program to help States and 

21 localities meet our clean air obligations. 

22 Thank you. 
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1 MR. GRUNDLER: Thank you, Marcia. 

2 Next is Ms. Wijeyewickrema. Welcome. 

3 MS. WIJEYEWICKREMA: Good afternoon. I am 

4 Kesaaraa Wijeyewickrema, Manager of the Clean Vehicles 

5 and Fuels Program at the American Lung Association. 

6 For over 100 years, the American Lung Association has 

7 been working to protect healthy lungs and healthy air. 

8 We believe that every American has the right to 

9 breathe clean and healthy air, and although we've made 

10 progress in the U.S., largely due to the Clean Air Act, 

11 millions of Americans remain at risk from air 

12 pollution. 

13 One of the most cost effective tools we have 

14 available to clean up air pollution is the proposed 

15 cleaner gasoline and vehicle standards. For about a 

16 penny per gallon of gas, we can save thousands of lives 

17 each year. That's why the American Lung Association 

18 and our partners, including the American Heart 

19 Association, American Public Health Association, the 

20 American Thoracic Society, Asthma and Allergy 

21 Foundation of America, Health Care Without Harm, 

22 National Association of County and City Health 
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1 Officials, and Trust for America's Health, sent the 

2 President a letter supporting cleaner gasoline and 

3 vehicle standards in January of this year. And that is 

4 why I'm here today. 

5 We applaud the EPA's efforts to cut life6 threatening tailpipe pollution, and we urge you not to 

7 delay in finalizing these standards, because millions 

8 of Americans remain at risk. Tailpipe pollution can be 

9 most toxic within 300 to 500 meters of a roadway and 

10 can cause harm to lung and heart health. A 2010 survey 

11 of existing research by the Health Effects Institute, 

12 also found evidence suggestive of a causal link between 

13 traffic pollution and the onset of childhood asthma, 

14 non-asthma respiratory symptoms, impaired lung 

15 function, total and cardiovascular mortality, and 

16 cardiovascular morbidity. 

17 While our most vulnerable populations to 

18 tailpipe pollution are children, older adults, those 

19 with existing conditions such as asthma, reduced lung 

20 function, chronic obstructive pulmonary disease, heart 

21 disease and diabetes, tailpipe pollution endangers the 

22 public health at large. It's not just those of us who 
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1 live or go to school or work near busy roadways that 

2 are affected by traffic pollution. Particulate matter, 

3 deadly pollution that is formed in the atmosphere from 

4 tailpipe emissions, can stay suspended in the 

5 atmosphere for days or weeks because of their small 

6 size. These small particles can be transported into 

7 nearby neighborhoods or even hundreds of miles away, 

8 affecting people in neighboring cities and states. 

9 Cleaner gasoline and vehicle standards will 

10 reduce particle, or soot, pollution as well as ozone or 

11 smog pollution. The health benefits of the proposed 

12 cleaner gasoline and vehicle standards are great, and 

13 as you've heard today, every stakeholder except one 

14 supports these lifesaving standards. In January, the 

15 American Lung Association released a bipartisan poll 

16 that found an overwhelming majority -- 62 percent to 32 

17 percent -- of Americans support cleaner gasoline and 

18 vehicle standards. 

19 The American Lung Association urges you to 

20 finalize these standards immediately so that all 

21 Americans can benefit from healthier air. Thank you 

22 for the opportunity to speak in support of cleaner 
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1 gasoline and vehicle standards today. 

2 MR. GRUNDLER: Thank you very much. 

3 Next, Mark Zakutansky? 

4 MR. ZAKUTANSKY: Thank you. It's a pleasure 

5 to be here today on behalf of the Appalachian Mountain 

6 Club. The Appalachian Mountain Club strongly supports 

7 the Tier 3 rule as proposed and urges that the rule be 

8 finalized before the end of this year. 

9 Our organization supports healthy, clean 

10 outdoor air for tens of millions to our parks and 

11 trails throughout the Northeast, such as the iconic 

12 Northern Forest in New England, the Appalachian Trail, 

13 and scenic places in the Mid-Atlantic region, like the 

14 Delaware Water Gap National Recreation Area and the 

15 Delaware Bayshore. 

16 The Appalachian Mountain Club works to 

17 connect people to the outdoors for healthy recreation 

18 in the mountains and rivers, but also close to home, 

19 such as in local parks or along bike paths. 

20 Unfortunately, many of our 100,000 members and 

21 supporters live and recreate in areas that are 

22 experiencing air pollution that poses serious health 
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1 impacts. 

2 The impacts of poor air quality on 

3 individuals who enjoy outdoor recreation are very real. 

4 For example, high levels of ozone are particularly 

5 troublesome for children in the outdoors, especially at 

6 higher elevations. The Appalachian Mountain Club's own 

7 monitoring and research, in conjunction with Harvard 

8 School of Public Health and Brigham and Women's 

9 Hospital, has shown that ozone can impair lung function 

10 in healthy people hiking to reach the summit of Mount 

11 Washington in New Hampshire. Furthermore, while ozone 

12 levels have improved regionally and in rural mountains, 

13 levels on Mount Washington remain high, to the concern 

14 of the AMC and our members. 

15 Fine particulates and toxins also pose 

16 significant health concerns for those who enjoy 

17 exercising in the outdoors because they experience a 

18 heighted exposure while breathing more deeply. While 

19 our Nation works to overcome challenges in connecting 

20 today's youth and families to the outdoors, we must 

21 ensure healthy, clean air at our parks and trails in 

22 urban and rural areas. 
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1 Building on EPA's Tier 2 regulation finalized 

2 in 2000, Tier 3 uses the same system approach of 

3 addressing both fuel and emissions simultaneously. We 

4 strongly agree with the EPA that this is a cost 

5 effective solution, and that addressing fuel quality is 

6 necessary for reaching the much needed emission 

7 reductions that would otherwise not be technologically 

8 achievable. The adjustment in sulfur fuel content is 

9 needed as sulfur fouls the efficiency of vehicle 

10 catalytic converters, a key system component that 

11 reduces smog forming emissions and toxic air pollution. 

12 Many States, especially here in the Mid13 Atlantic, may have difficulties attaining or 

14 maintaining the National Ambient Air Quality Standards 

15 for ozone in the coming years, without Tier 3. 

16 Oh behalf of our members and supporters, and 

17 the tens of millions of individuals and families who 

18 enjoy outdoor recreation in the Northeast and around 

19 our country, we urge the EPA to expedite this very 

20 important and common sense proposal to the final rule. 

21 Thank you. 

22 MR. GRUNDLER: Thank you. 
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1 Reverend Brown, welcome. 

2 REVEREND BROWN: Good afternoon. I'm 

3 Reverend Jesse Brown. I'm a pastor here, a Lutheran 

4 pastor, in Southeastern Pennsylvania Center, serving 

5 congregations in both Philadelphia and in Camden, New 

6 Jersey. And to some degree, I am glad to be here that 

7 this issue is being aired, and at the same time I'm 

8 dismayed because my question would be, why aren't we 

9 there yet? 

10 The evidence appears to be fairly clear in a 

11 number of ways that without this regulation, it will 

12 continue to contribute to air pollution, health 

13 effects, and a number of other things, you know, 

14 already there. You would think common sense would 

15 work, but obviously common sense doesn't work, so we 

16 have to come into a hearing to plead the case before 

17 the public that we ought to be taking the steps. So I 

18 still have to ask, why aren't we there? 

19 We know that businesses will be hurt by 

20 unhealthy people. It affects particularly 

21 productivity, as well as parents and others who have to 

22 be out to take care of children who may end up with 
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1 asthma or other things that this proposed rule helps to 

2 mitigate to some degree. Again, you still have to ask, 

3 why aren't we there? It seems rather easy -- it seems 

4 to be a common sense thing that if we pass this 

5 regulation, the benefits to America and our society is 

6 great. 

7 But let me add one other thing. I think part 

8 of the reason why I am able to be here is because I do 

9 believe there is a moral imperative, and that 

10 imperative is not only incumbent upon us here. And you 

11 may look at that moral imperative in all kinds of ways. 

12 Too often when we come to these hearings, people start 

13 to dismiss the moral imperative as not being important 

14 or somehow it's somewhere else out there, when, in 

15 fact, the moral imperative ought to be that which is 

16 guiding our decision making and moving us forward. 

17 That's where we start with that imperative. 

18 Now, I might start with loving they neighbor 

19 as thyself, but I think it's pretty consistent with the 

20 imperative that you folks have in protecting the air, 

21 water, and land. To me, that's loving my neighbor as 

22 well as myself. 
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1 This moral imperative should be the guiding 

2 principle for our actions and your actions in moving 

3 this issue right along the line. And I believe that in 

4 the end, we of course will get this. I think we'll get 

5 this thing passed. But we ought to make certain that -

6 - you ought to make certain that as you continue to do 

7 your job, that you are responsible for all Americans, 

8 rich and poor, in the cities, in the suburbs, those 

9 upstream, those downstream. However you look at it, 

10 you're responsible for all of us. 

11 This measure meets that requirement. It 

12 takes care of all of us. It helps make our lives 

13 easier. It removes to some degree the misery index 

14 that we sometimes find with people who are suffering 

15 from illnesses that this regulation hopes to mitigate. 

16 So I'm at least happy to be here to that 

17 degree to be able to air my particular thought on this 

18 process. And I want to yield back the last measure of 

19 my time only to those who have good sense and common 

20 sense. Thank you. 

21 MR. GRUNDLER: Well, Mr. Tsuo, the challenge 

22 is yours. 
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1 [Laughter.] 

2 DR. TSUO: Well, I hope do have good sense. 

3 Thank you, Reverend Brown. 

4 My name is Dr. Walter Tsuo. I chair the 

5 Board of Philadelphia Physicians for Social 

6 Responsibility. I speak today in support of the 

7 proposed Tier 3 rules which will reduce the allowable 

8 amount of sulfur and gasoline and set new standards for 

9 vehicle emissions. 

10 Now 13 years after the Tier 2 final rules on 

11 sulfur were published, it's time to update these 

12 regulations. We know that we have the technical 

13 ability to do this because we already require these 

14 standards in California, Japan, South Korea, and most 

15 of Western Europe. Because you will hear from many 

16 others on the Tier 3 rules, I will limit my few minutes 

17 to the harmful effects of sulfur. 

18 One of the most important higher sulfur 

19 effects is actually mechanical, and it's an adverse 

20 effect on the catalytic converter system. Laws of the 

21 effectiveness of the catalytic converters allow a 

22 variety of noxious and harmful pollutants in the 
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1 environment, notably the oxides of nitrogen, carbon 

2 monoxide, sulfur dioxide, and particulate matter 2.5. 

3 All are known contributors to smog and air pollution. 

4 Sulfur upon combustion in a car engine is 

5 converted into the oxides of sulfur, which are known 

6 respiratory irritants. There's a suffocating odor 

7 similar to rotten eggs. The most common and 

8 significant oxide is sulfur dioxide. About 10 to 20 

9 percent of young adults are sensitive to even small 

10 amounts of exposure to sulfur dioxide. 

11 It can cause severe irritation of the nose 

12 and throat, and even short-term exposures of sulfur 

13 dioxide can trigger bronchial constriction and 

14 exacerbate asthma in susceptible patients. The sulfur 

15 dioxide can attach to small particles and are then 

16 inhaled deep into the alveoli of lung tissue, 

17 exacerbating those with respiratory disease. 

18 Studies have shown that these exacerbations 

19 can worsen emphysema, bronchitis, and pre-existent 

20 heart disease, leading to hospitalizations and even 

21 death . As such, sulfur dioxide is classified as very 

22 toxic. 
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1 Sulfur dioxide combined with water can form 

2 sulfurous acid, and continued exposure to sulfurous 

3 acid can lead to permanent destruction of lung tissue 

4 and skin and eye irritation. Its presence in high 

5 concentration contributes to acid rain, although it's 

6 largely formed by dissolved CO2, which is clearly 

7 harmful to our water supply and oceans. 

8 So in summary, sulfur is nasty. It has many 

9 significant adverse health effects. Reduction of some 

10 sulfur in fuel will lead to better emission control 

11 through catalytic converters, reduce respiratory and 

12 cardiac events, and help at reducing acid rain on our 

13 planet. 

14 Thank you for this opportunity to express my 

15 opinion. 

16 MR. GRUNDLER: Thank you very much, panel. 

17 Any questions? 

18 MR. MACHIELE: Sure. I'm the fuels guy. I 

19 have to ask a fuel question. So, David Hirshfeld, did 

20 your modeling account for the ABT flexibility that we 

21 had in the proposal? 

22 MR. HIRSHFELD: No, it did not because we 
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1 were working with regional aggregate models. They were 

2 not representing individual refineries, but, you know, 

3 regional sectors. So we really had no way of 

4 considering ABT within that modeling framework. 

5 MR. MACHIELE: So a follow-up question then. 

6 If a refinery faced higher marginal costs than others 

7 for revamps like you were assuming, what options might 

8 they pursue versus what you assumed? 

9 MR. HIRSCHFELD: High cost refineries you 

10 mean? 

11 MR. MACHIELE: Right. 

12 MR. HIRSHFELD: Well, obviously one would be 

13 to try to capitalize on ABT, particularly if we had a 

14 refinery like that that was part of a multi-refiner 

15 company and refining circuit. Or there would probably 

16 be some tradeoffs available between increasing capital 

17 investment to go beyond revamping the FCC in exchange 

18 for resulting lower per gallon operating costs. 

19 MR. MACHIELE: Okay, thanks. 

20 MS. SARGEANT: I have a question for Marcia 

21 Ways from Maryland. You spoke to the various needs for 

22 emission reductions that your State faces, and I 
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1 wondered if you could speak some to the timing of the 

2 emission reductions of when you need them and over what 

3 time they're helpful. 

4 MS. WAYS: Yesterday. No, definitely within 

5 the time frame of the proposal. I mean, I think 

6 Maryland has had -- the Baltimore area has had a hard 

7 time meeting the current ozone standard, and I know 

8 that we're looking at possibly tightening the standard 

9 in the next few years. So anything we can get as soon 

10 as we can get would definitely be as helpful as we can. 

11 MS. SARGEANT: Thank you. 

12 MR. GRUNDLER: I'd like to pose another 

13 question for Mr. Hirshfeld. Earlier today we heard 

14 some testimony about a study that was commissioned by 

15 the American Petroleum Institute. Are you familiar 

16 with that? 

17 MR. HIRSHFELD: I am. 

18 MR. GRUNDLER: Baker and O'Brien. 

19 MR. HIRSHFELD: I am. 

20 MR. GRUNDLER: Would you care to comment on 

21 the primary differences that account for the cost range 

22 in your work versus the six to nine cents that was 
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1 cited this morning? 

2 MR. HIRSHFELD: Sure. There are several. 

3 One has to do with the estimated capital cost for 

4 building grass roots FCC post treaters and, hence, for 

5 revamping them. The estimate that we use, which I 

6 mentioned in my testimony, is about $1,800 of daily 

7 barrel. I believe the Baker and O'Brien study used a 

8 number that was about double that approximately. So 

9 that was one difference. 

10 Another difference is that our focus was on 

11 estimating average refining costs. This is sometimes 

12 called a social cost or a national cost. And we did 

13 not -- well, we did not return or publish a marginal 

14 cost, whereas the headline number in the Baker and 

15 O'Brien study was a marginal cost, you know, the 

16 economics of a high cost refiner. And we did not do 

17 that because we didn't think it was appropriate for 

18 this analysis. 

19 MR. GRUNDLER: Thank you. Anything further? 

20 [No response.] 

21 MR. GRUNDLER: Thank you so much for your 

22 time today. 
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1 Okay. The next panel we have some additions, 

2 so listen for your name. Irene Harlabatos, Jacqueline 

3 Saier, Jalonne White-Newsome, Joy Bergey, and Reverend 

4 Mordecai Lebling, Larry Menkes, Christopher Miles, Dawn 

5 Patterson, and Reverend Pyrch, and William Kramer. 

6 Welcome. I hope we have enough chairs. 

7 I'd like to begin with Ms. White-Newsome. 

8 DR. WHITE-NEWSOME: Good afternoon. Thank 

9 you so much for the opportunity to be here and provide 

10 comments on these proposed rules. My name is Dr. 

11 Jalonne White-Newsome, and I'm a Federal Policy Analyst 

12 with WE ACT for Environmental Justice, a 25-ycar old EJ 

13 organization based in Harlem, New York with offices 

14 also in Washington. DC. Our mission is to, of course, 

15 build healthy communities and make sure that people of 

16 color as well as those at a lower income are part of 

17 that process to create sound and fair environmental 

18 health policies and practices. And so the inception of 

19 our organization, in fact, was based on a clean battle 

20 in Northern Manhattan. 

21 So in all of our work, we continue to engage 

22 communities as well as work with academic partners and 
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1 others to make sure that the protection of human health 

2 and welfare, despite the hue of your skin, and the 

3 resources in your pocket, or the zip code you happen to 

4 live in, impacts your health. 

5 I'm sure you know that the residents of 

6 Harlem, New York and many other similar cities and 

7 towns across our U.S. are not breathing the same air. 

8 Some is clean and some is pretty dirty. But I was 

9 reminded of the importance of this yesterday when I 

10 went to pick up my two little girls from school. 

11 Usually I go through the same motions of signing them 

12 out and saying hi to some of the moms and dads. And I 

13 noticed a little girl with two little pigtails sitting 

14 having a breathing treatment behind the secretary's 

15 desk. And I kind of gave her a smile and kind of 

16 looked at her, and thinking about Earth Day and all the 

17 celebrations that have been going on. And just 

18 realized, this is the reason that most of us in this 

19 room engage in this work, to protect those little ones. 

20 And so I also thought about some of the work 

21 in Detroit, Michigan, my home town, where I've 

22 specifically worked with senior citizens. And in Wayne 
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1 County, there has just always been an abundance of air 

2 concerns. And my aunt, in particular, who's in her 

3 mid-80s, has really been suffering from asthma severely 

4 over the past couple of years And she's lived the 

5 majority of her life in neighborhoods that have been 

6 compromised by air quality and other toxins. And so 

7 this for me is personal for those reasons, first and 

8 foremost as a mom, but, secondly, as a public health 

9 researcher that has always worked with communities of 

10 color and other vulnerable populations, and now as a 

11 Federal Policy Analyst, where my goal is to make sure 

12 that our voice or some of the voices that are typically 

13 not a part of the conversation are interjected into 

14 these policy and regulation conversations. 

15 So with all sincerity, I congratulate what 

16 you're doing. I'm glad you're here and proposing these 

17 standards. And, of course, I hope that you will move 

18 quickly to put these standards in motion before the end 

19 of the year. 

20 So instead of using the next couple of 

21 minutes to reiterate probably a lot of the facts and 

22 figures and stats that you've heard, I'd just like to 
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1 quickly highlight some issues that really resonate with 

2 WE ACT for Environmental Justice and some of the 

3 broader environmental justice community. 

4 You know, cumulative risk assessment or 

5 cumulative impact assessment, however you want to 

6 phrase it, is a way of understanding the real and total 

7 impacts on communities. We know that environmental 

8 pollution doesn't act in siloes, and that’s what we 

9 really need to consider as we look at these different 

10 rules. 

11 When you look at EJ communities, they're hot 

12 spots. They're areas where there's a lot of things 

13 going on, and most of the time the rules and the things 

14 that we use to frame these rules don't capture 

15 everything that's happening. And so, what I would 

16 suggest is that, I guess, really offer a competent 

17 suggestion is that keep in mind that having these more 

18 stringent standards will work towards minimizing the 

19 burden on communities that are already compromised. 

20 So if we focus on really the most vulnerable, 

21 I truly believe that more people will benefit overall, 

22 and having the rules, like the soot rule, Tier 3, and 
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1 others, work in parallel is great. And so my 

2 suggestion, however, is that in future analyses, a 

3 cumulative impact strategy be employed. 

4 I know that several of your colleagues in the 

5 EPA are working towards this as well as developing an 

6 environmental justice guidance that will be 

7 incorporated throughout the Agency. But I hope that 

8 this is something that you will strongly consider in 

9 future assessments to make sure that we get a real 

10 glimpse of the impacts and the benefits that come from 

11 these proposed rules. 

12 And last, but certainly not least, is the 

13 importance of this rule on climate change. While the 

14 rule documentation specifically states that an increase 

15 or decrease in greenhouse gas emissions gases cannot be 

16 ascertained with certainty at this point because of the 

17 expected emission increases in the refinery process, 

18 what you're proposing here I think, whether now or in 

19 the future will reduce GHG emissions. And this is 

20 critical. 

21 As an engineer that has been in several 

22 plants over the past 10 or 12 years, I'm confident that 
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1 technology will advance accordingly. And so we can say 

2 with confidence in the future that there will be a net 

3 reduction in CO2 emissions and subsequently a net 

4 reduction in negative health impacts. And that is why 

5 I think it is so critical and so important what you're 

6 doing, that we take every step to improve our air 

7 quality, especially for those that suffer respiratory 

8 and cardiovascular challenges during extremely hot 

9 weather or heat waves, whatever you want to call them, 

10 that we will continue to experience more frequently in 

11 our changing climate. 

12 So in conclusion, I was really pleased to 

13 read the section in the proposed rule that addresses 

14 the obvious challenges that environmental justice 

15 communities deal with every day: elevated air toxins, 

16 the proximity to high traffic roads, and other multiple 

17 stressors and health risk factors that really add to 

18 determining what your health is going to be. 

19 So while we wait for the science and the 

20 methods to catch up to better capture these 

21 associations between air pollution, health, and other 

22 chronic and physical stressors, these proposed 
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1 standards, the Tier 3, are one step forward to reducing 

2 that burden on EJ communities. So we support your 

3 work, appreciate your effort, and hope again that you 

4 will move expeditiously as you filter through the many 

5 comments and considerations at this hearing and others. 

6 And so I hope, last but not least, that the 

7 face of that little girl reminds you that you and your 

8 work truly impacts the lives of those who are most 

9 precious to each and every one of us. Thank you. 

10 MR. GRUNDLER: Thank you very much. 

11 Christopher Miles, welcome. 

12 MR. MILES: Thank you. Good afternoon. I'm 

13 sorry, my remarks are informal and I apologize for 

14 that. 

15 MR. GRUNDLER: NO apologies necessary. 

16 MR. MILES: I was asked very, very quickly to 

17 speak for the Sierra Club, and I'm speaking on behalf 

18 of that club and many of the other folks that have 

19 actually taken their time out to speak much more 

20 eloquently than I can. 

21 I'm just speaking on behalf of myself and my 

22 little family in East Falls, which is a small little 
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1 community, growing, just near Route 1, which all night, 

2 day, and the following night keeps us up not only with 

3 noise, but actually we can smell the fumes. I ride my 

4 bike up and down East River Drive, and again, the 

5 fumes. 

6 And I was wondering on behalf of the folks 

7 that enjoy the outdoors, especially in inner city 

8 areas, whether we can't do more and whether we should 

9 do more. We just heard about environmental justice 

10 certainly in areas where folks are trying to keep a 

11 home and grow a family. We have concerns about letting 

12 kids go outside and play at various hours. How close 

13 can we be to the highway and is it safe? And so I 

14 have, you know, some genuine concerns. 

15 There was a gentleman that asked a question 

16 about ABG, and I'm hoping someone on the record can 

17 clear that up, whether ABG standards will affect 

18 refineries. And that term is sort of an industry 

19 buzzword. I'm not familiar with that acronym. 

20 Going forward, there were a couple of things 

21 I had concerns with. A lot of the car companies don't 

22 seem to be interested in dealing with the pollution 
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1 before a catalytic converter warms up, the so-called 

2 open loop phase. And I'm wondering if that could be 

3 included in some of your thinking. Perhaps something 

4 could be included where an auto maker might get credit 

5 for a start and stop system whereby if someone is at a 

6 drive-thru, instead of polluting, the car would just 

7 stop automatically, and thereby wouldn't pollute, and 

8 perhaps could get credit if they didn't completely meet 

9 some of these other tough standards. 

10 I was also concerned about some of the vapor 

11 and evaporation at gas pumps and whether that could be 

12 included in this, or whether in a separate rule. So I 

13 was thinking along the lines of cumulative that you 

14 could do, especially when it comes to congressional 

15 negotiations that happen when something gets lowered. 

16 Perhaps an all-inclusive thing might get to our goal 

17 without focusing on one small area. 

18 Again, I was also concerned about the 

19 refineries, what are they going to do with this, the 

20 sulfur. Is it going to be resold? Is there a market 

21 for that? Are they going to deal with sulfur cleanup 

22 and then clean in an effective manner? And finally, I 
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1 was wondering -- I guess the ABG speaks to that -- will 

2 the refineries get credits of some sort for 

3 alternatives, or will there be some sort of a bonus or 

4 subsidy provided so that if an alternative, say, from 

5 an algae or greenfield comes along, it could be dropped 

6 in, and there could be an exchange of some sort. 

7 And that's the end of my testimony. And 

8 thank you for this opportunity. 

9 MR. GRUNDLER: Thank you very much. 

10 Reverend Pyrch, the floor is yours. 

11 REVEREND PYRCH: My name is Cheryl Pyrch. 

12 I’m the pastor at Summit Presbyterian Church in 

13 Philadelphia, and I am also a board member of 

14 Pennsylvania Interfaith Power and Light, part of a 

15 national organization of people of faith concerned 

16 about climate change. 

17 I want to thank the EPA and President Obama 

18 for proposing the Tier 3 standards, and thank you for 

19 this opportunity to speak. 

20 In our tradition, as in many other faith 

21 traditions, we believe that the heavens and earth were 

22 created by a loving God, and provided all that is 
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1 needed for life. Our response to such a gift and such 

2 a blessing should be thanksgiving, which means caring 

3 for the earth, not trashing it, and for all who live 

4 upon it. We believe that God also calls us to love our 

5 neighbors as ourselves, especially the poor and the 

6 vulnerable. 

7 We enthusiastically support the Tier 3 Rule 

8 as a way to care for the earth and our neighbors, as 

9 well as our fam1lles and ourselves. As others have 

10 pointed out, the further cleaning up of gasoline 

11 exhaust will prevent thousands of premature deaths and 

12 asthma attacks each year and will be good for all 

13 living things. It's also, as others have pointed out, 

14 a common sense, modest proposal. It's a standard the 

15 auto industry is fully capable of making and will put 

16 the rest of the nation in line with California's more 

17 stringent and laudable standards. 

18 Some people have objected by pointing out 

19 em1ssions have already dropped dramatically in the past 

20 decades, but of course that's all the more reason to 

21 institute the rule, for what better than to build on 

22 success? 
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1 Dr. White-Newsome also mentioned climate 

2 change. And although she did point out this rule will 

3 not bear directly at this time on greenhouse gas 

4 emissions reductions, we know that catastrophe 

5 barreling down upon us threatens all of life if we do 

6 not move as quickly as we can away from fossil fuels. 

7 Anything we can do in the meantime to protect life, 

8 such as the Tier 3 standards, is imperative. 

9 We can expect opposition from the fossil fuel 

10 industry, but I encourage the EPA to stand firm in the 

11 face of their protest and to institute as quickly as 

12 possible the Tier 3 Rule. 

13 Thank you again for your work on behalf of 

14 the Nation and the larger world, and thank you for 

15 letting me speak. 

16 MR. GRUNDLER: Thank you, Reverend, so much. 

17 Ms. Saier? 

18 MS. SAIER: I don't think I could top her. 

19 [Laughter.] 

20 MS. SAIER: I have to stand. I have a very 

21 bad back, but it's worth me coming here. 

22 I live in Port Richmond, beautiful area, and 
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1 over a year ago I noticed the kids on the playground 

2 across the street from me. They all looked like they 

3 had asthma. Everyone was choking and coughing and 

4 coughing. I never dawned on me it was soot, and that's 

5 what I'm here to fight, the soot. 

6 When I first met Chris Mays from Clean Air, I 

7 left my window sill dirty only for three days, and you 

8 should see the soot I have on that window sill. My 

9 neighbor and I have, well, we wash our windows. You 

10 have to wash them with soap and water first and then 

11 Windex just to get the soot off, or you have smeary 

12 windows. And you'd be surprised how much dirt, soot, 

13 are on the windows. 

14 Now, I'm only a housewife and a grandmom. 

15 I'm not a speaker, but it's very important to me and my 

16 grandchildren. One son lives up the street from me. 

17 One son lives across the street -- I mean, two blocks 

18 down. And they have their own children that live in 

19 Port Richmond, and they don't want to leave. And they 

20 love it there just like I do. 

21 I came there in 1968, and it was my husband's 

22 childhood home we have been in for over 60 -- he's been 
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1 there over 63 years. We don't want to move. And the 

2 other thing is sometimes it makes you wonder if we 

3 should. 

4 Now here in the past summer months, I had 

5 three heart attacks, and not only that, I had cataracts 

6 removed. And it was a nurse that was here the last 

7 time I came to speak, and I stopped her at the back 

8 door. I said, what do you mean heart attack with soot? 

9 I looked into it. Yes, you breathe in soot, and it 

10 goes through your lungs, and before you know it, it's 

11 going through your heart, and it can accumulate. 

12 The same thing as cataracts. I just had 

13 another one removed. When I asked my doctor about it, 

14 I said, what is it from? Dirt. And I asked him could 

15 soot do this, and he said yes, soot. That's why most 

16 people who drive wind up with a cataract in one eye 

17 more than this eye, he said, because they drive with 

18 the window down. And I didn't realize how much soot 

19 really takes a toll on you. 

20 Now, the other thing is ice cream trucks and 

21 traffic all along my area. I am stuck between Aramingo 

22 Avenue, I-95, Alleghany back to Castor where everyone 
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1 goes to get on or off 95. The thing is, the smells 

2 from all these place -- like I said, we are trapped in 

3 Port Richmond. And here, for instance, the ice cream 

4 truck that stops across the street, you can smell the 

5 fumes from that truck if everyone ever stood behind 

6 one. Now, that shouldn't be like that, but it is. 

7 It's the way it is, and you -- what else can you do ? 

8 Tell the guy shut down his motor? No, you can't. 

9 I had so much to say, but right now I'm very 

10 uncomfortable, and I have to leave. That's all. 

11 MR. GRUNDLER: Thank you so much for coming. 

12 And don't sell yourself short about not being a good 

13 speaker. 

14 I'd now like to invite Larry Menkes to 

15 provide testimony. 

16 MR. MENKES: My name is Larry Menkes. I am a 

17 nationally certified sustainable building advisor, and 

18 I do a lot of work to make buildings more energy 

19 efficient. And I'm really pleased and thank you for 

20 this opportunity to testify today. 

21 Although I'm here at the invitation of the 

22 American Lung Association, I'm also here for a number 
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1 of other organizations represented that I am either a 

2 member of or working member of. I am with the 

3 Association for the Study of Peak Oil, and they concern 

4 themselves with a lot of environmental issues. And we 

5 are a think tank. 

6 I am here, though, on behalf of myself, my 

7 children, my wife, my grandchildren, and my three great 

8 granddaughters. 

9 After 35 years of living in clean air 

10 regions, like Southeast Florida and Connecticut, and at 

11 sea where I spent 12 years in the merchant marines, 

12 including time in Vietnam with them, where I escaped 

13 virtually unscathed, these were areas that were 

14 virtually pollution free compared to this area here. 

15 I've been back in the area since about 1990, either 

16 working full time or living full time. 

17 And I was born and raised in this area, and 

18 I'd lie to retire in this area. Bucks County is a 

19 beautiful section of Pennsylvania, and I've always 

20 wanted to live there. But since I've been back, I've 

21 contracted cancer. I've contracted asthma and several 

22 other conditions that my doctors link to air pollution. 
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1 I do a lot to prevent it. I buy hybrid cars 

2 for my family. I'm making my home energy efficient. 

3 It's a net zero pollution home. However, I can't do 

4 anything about everybody else's pollution. 

5 In the Tragedy of the Commons, there's a game 

6 called the PPCC game, privatize the profits and 

7 commonize the costs. The costs are commonized by using 

8 the commons, which is our air, which is our water, and 

9 other things like that, to use as basically a toilet. 

10 The people that pollute it, and I admit that I do a 

11 little bit of pollution because I drive occasionally, 

12 and even rode the train here that has some pollution 

13 attached to it. But unfortunately, I can't stop the 

14 bulk of everybody else's pollution. 

15 Now, certain industries who oppose this 

16 legislation, and I think it's wonderful, and I've been 

17 waiting for years. I know that this region has had no 

18 compliance with air standards since 1977. I served on 

19 the DBRPC and learned things like that here. But, you 

20 know, putting it bluntly, I regard myself as being 

21 poisoned, slowly poisoned by anyone and everyone who is 

22 a high polluter or even a medium polluter. I'm being 
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1 poisoned slowly, and if these people would come and put 

2 a little bit of what they're putting in the air that I 

3 breathe into my water, they could be tried for murder 

4 if we caught them. 

5 Now, I'm taking this kind of personally 

6 because I'm in my retirement age, and my conditions 

7 have prevented me from working. My wife is working 

8 three jobs to support us, and I'm working on creating a 

9 job for myself, but in these economic times, it's not 

10 easy. 

11 Reverend Brown mentioned the morality and 

12 ethics of this, and I think that that trumps everything 

13 else. I don't think anyone has a right to poison me or 

14 my children or my family in any way, shape, or form. 

15 And the Tier 3 standards will go a long way toward 

16 preventing some of the most egregious part of that. 

17 I used to work as an over the road truck 

18 driver because the money there was better than some of 

19 my friends who had Ph.D.'s were doing. And I've spent 

20 a lot of days out on the road, and I can't plan where I 

21 go because the company that I work for plans it. And I 

22 can't plan to be away from the exposure to these 
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1 toxins. Now, maybe that was a part of it, but I don't 

2 know. But these people have no right -- no right -- to 

3 poison me and my family. And that's all I have to say. 

4 Thank you. 

5 MR. GRUNDLER: Thank you very much, Mr. 

6 Menkes. 

7 Ms. Patterson? 

8 MS. PATTERSON: Good Afternoon. My name is 

9 Dawn Patterson, and I am here today to urge the U.S. 

10 Environmental Protection Agency to adopt final cleaner 

11 gasoline and vehicle standards that will cut life12 threatening tailpipe pollution. I am speaking on 

13 behalf of the Pennsylvania Society for Respiratory Care 

14 and as an individual Citizen, and I ask you not to 

15 delay and to please finalize these standards by year's 

16 end. 

17 I serve as the Southeast Pennsylvania 

18 District Director for the PSRC. It's organization that 

19 represents 6,500 respiratory therapists in our State. 

20 The mission of the PSRC is to advance the art and 

21 science of respiratory care through educational 

22 publications and programs for its members, other 
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1 medical professions, and the general public and to 

2 promote pulmonary health and disease prevention. PSRC 

3 supports EPA's proposed standards for cleaner gasoline 

4 and vehicles because we believe the intent is closely 

5 aligned with our mission of preventing disease and 

6 promoting pulmonary health, as well as public health 

7 generally. 

8 As a respiratory therapist working with 

9 people whose health is already comprised by chronic 

10 obstructive pulmonary disease, asthma, and other 

11 diseases, I am well aware of how poor air quality can 

12 have serious impact on their ability to breathe. I 

13 live it every day, and it is heartbreaking for me to 

14 watch my patients gasp for air. I know my fellow PSRC 

15 members all have similar stories. EPA can take 

16 measures to help these people breathe easier and the 

17 cleaner gasoline and vehicle standards is one of the 

18 most cost-effect1ve ways to do so. 

19 Cars, light trucks, and SUVs are a major 

20 source of pollution that contributes to smog and soot. 

21 Pollutants can trigger asthma attacks, harm heart and 

22 lung health, and worsen existing conditions such as 
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1 COPD. Smog and soot pollution can even lead to early 

2 death. 

3 Strong, cleaner gasoline and vehicle 

4 standards will also help reduce the pollutants caused 

5 by using gasoline in vehicles, some of which have been 

6 linked to cancer. The scientific evidence shows that 

7 there may be a link between increased rates of lung 

8 cancer and incomplete burning of gasoline. 

9 As someone who has lost two of loved ones -- 

10 my mother in 2003 and my boyfriend in 2008 -- to lung 

11 cancer, I am acutely aware of the need to reduce our 

12 risk to cancer causing toxic emissions. Cleaning up 

13 gasoline and life-threatening tailpipe pollution can 

14 save thousands of lives each year, and ease the burden 

15 millions of Americans face every day because of 

16 unhealthy air. 

17 I just want to thank you for the opportunity 

18 to speak in support of the cleaner gasoline vehicle 

19 standards today. And on behalf the Pennsylvania 

20 Society for Respiratory Care and someone who cares 

21 deeply about the quality of our air, I urge you to move 

22 forward with these lifesaving standards, and adopt 
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1 final standards no later than the end of this year. 

2 I just want to give one personal story. I 

3 have like two minutes left. When my mother was in the 

4 hospital, she was in for six months. She had her right 

5 lung removed because of cancer. And her left lung, she 

6 had emphysema. What she wanted to do was just go 

7 outside. It took about six weeks to get her off the 

8 ventilator. We weaned her off, put on a trach collar. 

9 She was down to 21 percent. She was only on the trach 

10 collar just so that she could have moisture for her 

11 secretions. 

12 She urged -- she said, Dawn, can I please 

13 just go out and just, you know, just get some sun on my 

14 face. I'm like, I don't know. I don't know. Let me 

15 talk to the pulmonologist. I talked to the doctor. 

16 The doctor is, like, no, she really can't. The air 

17 quality is really, really poor. 

18 Well, I took that back to my mom. My mom 

19 shut down. She was, like, all right, fine. My mom was 

20 very stubborn, very, very stubborn. She wouldn't eat. 

21 She wouldn't take any of her meds. She goes, Dawn, 

22 all's I want to do is just go outside and just get that 
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1 sunlight on my face. So I said to the doctor, can we 

2 just take her out just for five minutes? I swear I'll 

3 bring her right back. 

4 So we got the oxygen tank. We put her on 50 

5 percent. Got blankets, even though it was in the 

6 summer, and we took her outside. We took her out for, 

7 I don't know, 30 seconds. She goes, I need to get back 

8 in. I can't breathe because the air quality was so 

9 poor. My mom could not even enjoy 30 seconds of 

10 sunlight. 

11 But she did take her meds, and she did, you 

12 know, start to eat. But unfortunately she did pass 

13 away in 2003. But I just wanted to share that with you 

14 and see how important it is to me personally because I 

15 do see patients all the time, and they are gasping for 

16 air. 

17 Thank you. 

18 MR. GRUNDLER: Thank you, and thank you for 

19 sharing that. 

20 Irene, I can't see your whole card, so please 

21 -- 

22 DR. HARLABATOS: Irene Harlabatos. 
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1 MR. GRUNDLER: Harlabatos. Proceed. 

2 DR. HARLABATOS: I was very impressed that 

3 you were able to pronounce that, and I really, really 

4 appreciate this opportunity. I have never done this 

5 before, so you'll have to bear with me. I found out 

6 about this opportunity from the Sierra Club, and I 

7 jumped on it because I feel very strongly about this. 

8 Unfortunately, I do not have anything 

9 prepared, so this is going to be extemporaneous. 

10 Hopefully I'll be able to get my thoughts out. 

11 I'm a physician in an allergy and asthma 

12 practice in the area. We have multiple outpatient 

13 offices. I'm not representing the practice, however. 

14 I'm representing myself, my family, and as a physician 

15 as well. I've long felt very strongly about many 

16 environmental issues. I feel if the physical substrate 

17 for health is not there, then health is not going to be 

18 there. 

19 Every day I see multiple people. I see the 

20 little girl she talked about on the nebulizer. I see 

21 several of them at least every day. And I see people 

22 of all ages from birth to, you know, elderly who are 
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1 suffering from respiratory illnesses, usually asthma, 

2 but I see COPD. I have seen multiple other respiratory 

3 diseases. 

4 And I've seen people who immigrate from other 

5 countries, never had any respiratory issues, and within 

6 a year or two of being here, develop respiratory 

7 issues. I see people who develop asthma after never 

8 having it before, you know, at age 50 or 60. And, you 

9 know, they're like, why would this happen, and I can 

10 never answer with them 100 percent certainty, but I've 

11 always been concerned about air quality. 

12 I've known many people who they don't have 

13 asthma in their family, but they have asthma. And I 

14 know that there's several, you know, studies that link 

15 automotive exhaust and asthma, and I know that in 9/11 

16 when they closed down the bridge between the United 

17 States and Canada because they secured our borders, 

18 asthma exacerbations in that area fell down 

19 dramatically for those several days because the trucks 

20 -- the diesel trucks were no longer passing back and 

21 forth. 

22 I know that in the 90s, in the '96 Olympics 
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1 in Atlanta, they closed down traffic for the Olympics 

2 in the summer, and asthma emergency room visits 

3 plummeted. I know I have patients who don't leave 

4 their house during certain days in the summer. They 

5 just -- if they're lucky enough to have central air, 

6 they keep it on and they stay indoors. And none of 

7 them want to live that way, and I don't feel that it's 

8 right that people should. 

9 And I feel that after hearing about one cent 

10 increase per gallon, the cost for gasoline to pay for 

11 stricter standards, I can't believe we're arguing about 

12 this in the year 2013 with all the knowledge we have. 

13 I don't feel that the science is ambiguous. I don't 

14 feel the health effects are ambiguous. I don't feel 

15 that there really is any question, as far as I'm 

16 concerned, what the right thing to do is. 

17 I fully support these new standards, and I 

18 will be, you know, very discouraged if they are not 

19 implemented as soon as possible. And that's it. 

20 MR. GRUNDLER: Thank you so much, all of you, 

21 particularly those of you who are here just 

22 representing yourselves and sharing these stories. I 
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1 know it's not easy. It's not something you may do 

2 every day, but it's very, very meaningful to all of us. 

3 So thank you again. 

4 All right. 

5 MR. MACHIELE: Oh, I'm sorry. I don't have a 

6 question, but to Christopher, what I said was ABT, and 

7 that's just an acronym for averaging banking and 

8 trading. So it allows one refinery to -- a little 

9 further control in exchange for another one not quite 

10 going as far. So it's just averaging. 

11 MR. MILES: That was talking about the cost 

12 that the refinery is claiming versus the findings that 

13 you all have. Okay. 

14 MR. MACHIELE: Yeah. For example, if you 

15 have a -- if a refinery is going to -- if it's going to 

16 cost a lot more for a refinery to comply than for 

17 another one to go even further, then the one that can 

18 go further goes further, and the one -- and sells 

19 credits back to the other one, or trades within the 

20 company. 

21 DR. HARLABATOS: What does it stand for 

22 again? What is it, ABT? 
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1 MR. MACHIELE: Averaging banking and trading. 

2 It's a common thing in many of our rulemakings. So 

3 that's why it rolled off my tongue. I'm sorry. 

4 MR. MILES: Thank you very much. 

5 MR. GRUNDLER: Let me just also add, 

6 Christopher, you asked a bunch of questions. 

7 MR. MILES: Yeah, sorry. 

8 MR. GRUNDLER: That's okay, and I'm not going 

9 to answer them, but I do want you to know that many of 

10 the questions are, in fact, addressed in the proposal 

11 with respect to cold start emissions and so on. So if 

12 you'd like to know more, our folks out in the hall can 

13 tell you where to find that information to get your 

14 answers. 

15 MR. MILES: Well, expect my support then. 

16 [Laughter.] 

17 MR. GRUNDLER: You should read it first. 

18 [Laughter.] 

19 MR. GRUNDLER: Thanks again, panel. 

20 UNIDENTIFIED SPEAKER: Thank you. 

21 MR. GRUNDLER: Panel 6. Okay. Let me invite 

22 the 3:00 panel up. We're running a little ahead of 
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1 schedule for now. There are new additions to the panel 

2 that I'd like to announce. Robin Mann and Emily Davis, 

3 along with Steve Ross, Frank Krich, David Lukens, Susan 

4 Edwards, Nick Rogers, and Karen Melton. Come on down. 

5 Mr. Krich, let's begin with you. 

6 MR. KRICH: Okay, thank you. Good afternoon. 

7 I'm Frank Krich, Senior Engineer at Chrysler Group 

8 LLC, and I'm here today to express our support for the 

9 Environmental Protection Agency's complete Tier 3 

10 package. Chrysler supports 10 ppm average sulfur 

11 gasoline and single, harmonized national criteria 

12 pollutant performance standards that treat all 

13 technologies equally and contribute to meeting EPA's 

14 air quality and greenhouse gas gas objectives. 

15 As in previous rulemakings, Tier 3 continues 

16 to treat vehicles and fuels as a system, recognizing 

17 that fuels are critically important to achieve the full 

18 potential of advanced emission control technologies, 

19 especially during these historic time when regulations 

20 are driving near zero emissions and doubling fuel 

21 economy. Sulfur is the single most important gasoline 

22 parameter to enable vehicle technologies to meet these 
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1 new requirements. The cause and effects are well 

2 known. Sulfur inhibits exhaust after treatment 

3 conversion efficiency, so lower sulfur means lower 

4 emissions. 

5 California recognizes the environmental 

6 benefits of low sulfur gasoline and includes 10 ppm 

7 sulfur in its LEV III regulation as an enabler to meet 

8 the Air Resources Board's super ultra-low emission 

9 vehicle fleet average requirements. This same gasoline 

10 is therefore needed to harmonize Tier 3 and California 

11 LEV III to realize the emission benefits and to 

12 maximize new vehicle development and manufacturing 

13 efficiency. 

14 Low sulfur gasoline not only enables advanced 

15 technologies to achieve intended emission benefits, it 

16 has an immediate and significant effect on the 250 

17 million vehicles on the road today, lowering emissions 

18 and helping States achieve attainment of ozone National 

19 Ambient Air Quality Standards. 

20 Lowering sulfur is also directionally correct 

21 for reducing particulate matter and toxic air 

22 contaminants, as well as nitrous oxide and methane, two 
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1 potential greenhouse gasses. In addition, EPA's 

2 creation of new fuel economy and greenhouse gas 

3 standards anticipated the nationwide availability of 

4 low sulfur gasoline. Consistent with that basis, 

5 Chrysler supported the concept of one national program 

6 to improve fuel economy and reduce greenhouse gas 

7 emissions with the understanding that low sulfur 

8 gasoline would be called for in the next round of 

9 establishing tailpipe emissions standards, and which 

10 would ensure availability to enable advanced lean burn 

11 gasoline direct injection technologies . 

12 Advanced lean burn GDI systems are an 

13 enabling technology to meet EPA and the National 

14 Highway Traffic Safety Administration's 2025 model year 

15 greenhouse gas and fuel economy requirements. Ten ppm 

16 or less sulfur gasoline is a prerequisite for achieving 

17 intended greenhouse gas and fuel economy benefits from 

18 lean burn GDI systems. Without low sulfur gasoline, 

19 lean burn GDI systems incur a significant fuel economy 

20 and corresponding greenhouse gas penalty due to more 

21 frequent sulfur regeneration events. 

22 The auto industry has already invested 
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1 hundreds of millions of dollars to design, develop, 

2 tool and, in some cases, manufacture and produce lean 

3 burn GDI systems. Without absolute assurance of low 

4 sulfur gasoline in the marketplace, the greatly reduced 

5 performance of lean burn GDI will reduce use of this 

6 technology. 

7 We will continue to work with EPA to bring 

8 California LEV III and Tier 3 as close as possible, 

9 with the goal of a completely harmonized California and 

10 Federal, one national criteria pollutant program. Low 

11 sulfur gasoline is a vitally important and critical 

12 element in achieving this goal. 

13 Thank you for your time and consideration. 

14 MR. GRUNDLER: Thank you. 

15 Ms. Davis, welcome. 

16 MS. DAVIS: I have been commuting by bicycle 

17 in Philadelphia for about 30 years. While I feel this 

18 means of transportation has been a net benefit to my 

19 health, I wonder when I end up coughing as sit in 

20 traffic with pollution generating vehicles. The black 

21 dust I clean from the sills of my street side windows 

22 makes me wonder what my lungs must look like. I don't 
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1 find this black dust on the sills of my back windows. 

2 It is illegal to litter, yet we permit cars 

3 and industry to dump their wastes into our air for 

4 free. Just because this tailpipe litter is too small 

5 to see doesn't make it all right. In fact, the 

6 invisibility of this litter makes it more important for 

7 our government to regulate strongly. Our air cannot be 

8 used as a place to dump our wastes. We need clean air 

9 to breathe and to live healthy lives. 

10 MR. GRUNDLER: Thank you for that. 

11 Mr. Kramer? 

12 MR. KRAMER: Hello. My name is William 

13 Kramer. I am a Field Organizer with the Sierra Club in 

14 Philadelphia. And thanks for having us here today. 

15 I'm also the father of a six-year-old who hopefully 

16 will be here later, and maybe we can convince him to 

17 testify. 

18 He is pretty educated on pollution and 

19 climate change. He thinks climate change will be World 

20 War III or is World War III. And he also wants to make 

21 and build -- become an inventor when he grows up and 

22 build a machine to go back in time to get rid of 
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1 pollution, which with climate change, that may be the 

2 only thing we could -- way we can rid of it. And his 

3 mother, who will hopefully be with him, is studying to 

4 be an EMT, so she knows well about public health 

5 issues. 

6 And, I mean, I personally hate cars. I spent 

7 10 years in L.A., and that really made me hate cars. 

8 But I love trains, buses, and bikes. I live actually 

9 far away from here, but I take the train even though it 

10 takes twice the time because it's very pleasant. 

11 In addition, as you can see, I dressed a 

12 little differently than everybody else today. I'm an 

13 endangered tree frog. And as Kermit said, it's not 

14 easy being green. Now, why isn't it easy being green 

15 these days? Well, we're really seeing deteriorating 

16 air quality. Philadelphia gets an F for air quality. 

17 And we're also seeing skyrocketing asthma rates, 

18 especially for kids. And as I'm sure plenty of people 

19 have testified already, asthma is no joke. You're in 

20 the hospital and hoping you're going to live. And I 

21 have a friend who's told me many of her stories of 

22 being hospitalized with asthma. 
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1 Primarily what I wanted to say was that I 

2 think it's a real -- pollution in this city and all 

3 over the world really is a race and class issue. Poor 

4 people and people of color, or people of the global 

5 majority they're now called, disproportionately suffer. 

6 African-American neighborhoods have asthma rates of up 

7 to 25 percent in Philadelphia, so it's a real crisis. 

8 You know, I'm fortunate. I have what they 

9 call white middle class privilege and a white skin 

10 privilege, so I'm less likely to suffer from asthma or 

11 other air pollution problems, but that's not the case 

12 in the majority of people in this town. I think we've 

13 had a decent mix racially today, but probably not the 

14 mix we could have or should have. You know, when I 

15 ride SEPTA, I feel like that's when I get to see the 

16 demographics of Philadelphia, so perhaps one day we'll 

17 have a hearing where it looks like the people that ride 

18 on SEPTA. 

19 But at the Sierra Club, we've engaged 20 new 

20 African-American activists in the last year in our work 

21 and despite what some people have said, it's been 

22 really easy actually to do outreach in communities of 
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1 color, and particularly in black communities. And why 

2 is that? Because everyone has a connection to asthma. 

3 You know, if I go to an environmental fair, people 

4 might be more interested in cars or consumer products 

5 connected to the environment. But if we go to, like, 

6 Sue, my colleague, who will speak later, and I go to 

7 another event in an African-American neighborhood, if 

8 we go to a church, a street fair, there's been health 

9 fairs, all sorts of events, everybody understands what 

10 we're talking about. 

11 I think a lot more black Philadelphians would 

12 be here today if it weren't for the many problems they 

13 face, most of it due to racism. So, you know, here if 

14 you're black in Philadelphia, you're facing underfunded 

15 and poorly run schools, a bunch of which are about to 

16 be shut down, lack of access to good jobs or any jobs 

17 at all due to discrimination, and dealing with crime in 

18 your neighborhoods, which is ultimately rooted, I 

19 believe, in racism, at least to poverty that forces 

20 people into crime. The Wire understands the logic of 

21 that. 

22 So I will quickly mention a couple of people 
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1 that we tried to get to come here today, but because of 

2 work and family responsibilities and other civic 

3 activities could not be here. We have Kevin who we've 

4 worked with who's great. He's a teacher. He grew up 

5 in the projects. Now he's a proud science teacher, a 

6 great science teacher. He testified at the past 

7 hearing, and he was wonderful. But his son has asthma. 

8 We have Charlotte Leeks, who's a respiratory therapist 

9 who's come down to D.C. with us to speak, also African10 American. And she gets it as a respiratory therapist. 

11 Mary Brown Waters, her daughter has asthma. She's 

12 active a lot in her home and school or PTA because, you 

13 know, the schools are so bad. She's got to be involved 

14 there. Gary is a café owner. He started a wonderful 

15 café and he's really organizing in his community 

16 through his coffee shop. And Dorsha Turpin, she's got 

17 a child with asthma. She spoke here before. And Mary 

18 Leeks has a child both autistic and asthmatic. 

19 So I hate to speak on behalf of other people, 

20 but sometimes it's hard to get people who are affected 

21 by these problems to come because of their other issues 

22 they face. So I think it's important to them. 
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1 And the bottom line there is air pollution is 

2 a key issue of our emerging majority, majority 

3 population our city, and then our country is affected 

4 by these problems disproportionately. So if we really 

5 want to be a democracy that, you know, addresses the 

6 needs and health needs of the majority of our 

7 population, especially at the lower income and 

8 communities of color, we really have to address air 

9 pollution. So I'm glad we're coming up with a new rule 

10 to do that. 

11 Thank you very much. 

12 MR. GRUNDLER: Thank you, Mr. Kramer. And 

13 your son is welcome to testify later. 

14 Ms. Mann? 

15 MS. MANN: Thank you for the opportunity to 

16 testify. My name is Robin Mann. Though I am the 

17 immed1ate past President of the Sierra Club, I'm here 

18 today as a resident of the Greater Philadelphia area 

19 and as a mother and grandmother. At a time when too 

20 many Americans are struggling with asthma and other 

21 serious health problems associated with air pollution, 

22 I applaud the EPA for proposing standards that will 
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1 significantly reduce smog-forming pollution from cars 

2 and trucks and improve the quality of the air that we 

3 breathe. I urge you to move forward with these 

4 standards as soon as possible. 

5 In Philadelphia, cars and trucks are the 

6 leading source of n1trogen oxides and a significant 

7 source of other health-threatening pollution, including 

8 volatile organic compounds and particulate matter In 

9 their 2012 State of the Air report card, the American 

10 Lung Association noted the severe pollution in 

11 Philadelphia County, giving it an F for both ozone and 

12 particulate pollution. This pollution threatens the 

13 health and lives of Philadelphia residents, 

14 particularly children, causing asthma, heart disease, 

15 and cancer. And some of Ph1ladelph1a's neighborhoods 

16 that are particularly hemmed in by heavily congested 

17 highways suffer disproportionately from the pollution. 

18 The proposed cleaner tailpipe standards would 

19 substantially reduce health threatening pollution from 

20 our cars and trucks. By requiring refiners to produce 

21 lower sulfur gasoline, the standards would reduce 

22 nitrogen oxide emissions nationwide by more than 
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1 260,000 tons, the equivalent of taking 33 million cars 

2 off the road. By requiring auto makers to use advanced 

3 pollution control technology, the standards will reduce 

4 a host of health threatening pollutions -- pollutants. 

5 Lower sulfur gasoline will also allow advanced 

6 pollution control technology in cars to work more 

7 efficiently. 

8 The health benefits from the proposed 

9 standards are substantial. According to your proposal, 

10 the standards will prevent up to 2,400 premature 

11 deaths, 3,200 hospital visits and 22,000 asthma attacks 

12 annually by 2030. Additionally, the standards would 

13 prevent 1.8 million lost school and work days. 

14 It comes as no surprise that the oil industry 

15 is once again fighting measures to protect our public 

16 health. Although independent studies have concluded 

17 that the proposed standards would cost less than a 

18 penny per gallon, the American Petroleum Institute and 

19 their oil industry allies have resorted to once again 

20 raising the specter of skyrocketing gas prices. I urge 

21 you to stand up to big oil and move forward with these 

22 standards. 
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1 This is a clear win-win situation. Less 

2 pollution will save lives and reduce asthma attacks, 

3 all while substantially reducing health care costs. 

4 Your proposal notes that these health benefits could be 

5 as much as $23 billion annually by 2030. At the same 

6 time, these standards will create jobs. New refinery 

7 and vehicle technologies will create jobs in design, 

8 manufacturing, installation, and maintenance. Auto 

9 makers, auto workers, public health organizations, 

10 consumer groups and state clean air officials all 

11 understand this and are supportive of cleaner tailpipe 

12 standards. 

13 In finalizing these strong cleaner tailpipe 

14 standards, you have the opportunity to give American in 

15 Philadelphia and across the country cleaner air to 

16 breathe. We have the technology to reduce tailpipe 

17 pollution and protect our public health. It's time to 

18 put that technology to work. 

19 I thank you for proposing these Tier 3 

20 tailpipe standards and urge you to finalize them as 

21 soon as possible. And thank you again for the 

22 opportunity. 
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1 MR. GRUNDLER: Thank you. 

2 Ms. Edwards, you're up. 

3 MS. EDWARDS: Thank you, and I’m so glad you 

4 hold these hearings in Philadelphia because it makes it 

5 easier for us to get here. We went down to Washington 

6 when you had them down there, but it's easier to be 

7 here. 

8 As a retired educational specialist and 

9 Sierra Club activist, I'm here to say that I speak up 

10 for cleaning what is coming out of auto tailpipes in 

11 the U.S. as a fairness as well as a public health 

12 issue. 

13 While this is a national story, I want to 

14 focus on the local ramifications. In 2012, the 

15 American Lung Association reported that Philadelphia 

16 failed miserably in terms of both ozone and particle 

17 pollution. As Philadelphia Magazine put it, "Here in 

18 Philadelphia County, the Air Quality Index shows that 

19 we have an average of 34 orange high-ozone days a year, 

20 meaning Philadelphians endure over a month's worth of 

21 days during which the air is decidedly unhealthy to 

22 breathe. Even scarier, we average one red ozone day a 
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1 year when ozone levels are considered unhealthy for the 

2 entire population." Philadelphians should know that 

3 the city -- that our city tied with St. Louis as the 

4 10th worst in the Nation in terms of air pollution. 

5 In my environmental advocacy work, which 

6 William spoke about already, I have recently had the 

7 opportunity to speak to many Philadelphia residents 

8 about the connections between clean air, climate 

9 change, and asthma, while I petitioned at health fairs, 

10 tabled in in communities, spoke to home and school 

11 representatives, led environmental story hours at a 

12 local library and a church camp, and more. Everywhere 

13 I went, particularly in African American neighborhoods, 

14 people have children, grandchildren, siblings, or other 

15 family members with asthma. In some instances, it was 

16 -- if I would ask for a show of hands, it was as high 

17 as 75 or 80 percent of the people in the room had 

18 somebody close to them with asthma. And actually the 

19 highest rates, I believe, in some of our neighborhoods 

20 are 30 percent of children have asthma. And asthma has 

21 increased 50 percent among African-American children 

22 between 2001 and 2009, so it's really an epidemic or a 
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1 crisis situation. 

2 And it's also the case the five times as many 

3 children as adults with asthma die from the condition, 

4 so I believe this standard is this. So I believe this 

5 is the least we can do. As long as we still use 

6 gasoline powered cars, which I hope we can transition 

7 away from as rapidly as feasible, it's the least we can 

8 do to reduce the pollution these cars create. 

9 Thank you for this opportunity to speak. 

10 MR. GRUNDLER: Thank you. 

11 Ms. Melton. 

12 MS. MELTON: Good afternoon. My name is 

13 Karen Melton. The name I've registered for my personal 

14 activities is Advocate for Earth. I'm also active with 

15 the Sierra Club, the Chester County Citizens for 

16 Climate Protection, and the Climate Reality Project. 

17 Thank you for allowing me to testify on the Tier 3 

18 vehicle emission and fuel standards program. 

19 At the end of 2012 I accepted an early 

20 retirement offer from my employer of 30 years, the 

21 Health Care Division of Siemens AG. In part I accepted 

22 the offer because I knew what I needed to spend my time 
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1 doing. My light-hearted description was that I was 

2 leaving gainful employment to try to save the planet, 

3 but sadly, this was entirely true. I could be happy 

4 tending my butterfly garden and volunteering in my 

5 community, but instead I spend most of my time giving 

6 presentations on climate change and how to reduce your 

7 carbon footprint. I attend a myriad of eco events to 

8 talk to people about clean air and clean energy, 

9 volunteer with various organizations that are working 

10 on clean air and clean energy, try to meet with my 

11 elected representatives to discuss their positions, and 

12 refute nonsense disseminated to the media by the fossil 

13 fuel industry, an industry fully prepared to continue 

14 business as usual on the improbable chance that somehow 

15 decades of study by thousands of scientists on climate 

16 change will turn out to be wrong. 

17 In these endeavors, I am joined by a huge 

18 number of people belonging to an amazing number of 

19 organizations. But what we don't have are the billions 

20 of dollars and unlimited access to elected officials 

21 needed to counter the resources and access of fossil 

22 fuel companies, five of which were among the 10 most 
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1 profitable companies on the planet in 2012. 

2 There is no doubt that the fossil fuel energy 

3 revolution a century ago completely changed the course 

4 of human life. We have enjoyed vast improvements in 

5 all aspects of living. However, the impact of burning 

6 fossil fuels on the ecosystem that supports and 

7 sustains us began to be recognized and documented 

8 decades ago. Regulatory steps began to be taken to 

9 improve air and water quality in the 1970's. The Tier 

10 3 vehicle emission and fuel standards you propose today 

11 are another important step in the right direction. It 

12 is a modest change, bringing the U.S. standard for 

13 sulfur content in gasoline in line with California, 

14 Japan, and EU countries. 

15 We are all complicit in the poisoning of our 

16 planet, but those who make fortunes from it, who fund 

17 pseudo-science denial instead of helping to reach for a 

18 clean energy economy, and who oppose incremental 

19 regulatory regulations such as this one, consign their 

20 own grandchildren as well as ours, to a future of 

21 increasing disease and premature deaths as a result of 

22 exposure to particulates and toxic pollutants from 
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1 vehicle emissions. 

2 The fossil fuel industry argues that this 

3 regulation will cost more than the one cent a gallon 

4 estimated by the EPA and is, therefore, too burdensome. 

5 Meanwhile, individuals pay with their health for asthma 

6 brought on or worsened by poor air quality, and 

7 businesses pay the price of lost worker days. 

8 Please finalize this regulation to help save 

9 lives and help save the planet. 

10 MR. GRUNDLER: Thank you very much. 

11 Do we we have any questions? 

12 MR. MACHIELE: I do. I have one question for 

13 Frank. With respect to the system or the sulfur 

14 regeneration events, is that specific to lean burn GDI 

15 only? 

16 MR. KRICH: Well, that's the only one that 

17 would have that -- you know, the regular converted 

18 gasoline vehicles don't have that feature. 

19 MR. MACHIELE: Okay. 

20 MR. KRICH: But, like, with the diesel, they 

21 have the regenerator, we'll have to do that with the 

22 lean GDI, and we're already doing some tests on 
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1 engines, and we're finding out that, you know, it could 

2 increase the regenerations by like three times of what 

3 it would normally be. 

4 So, I mean, so the benefit you get from GDI, 

5 almost half that benefit could be lost because you're 

6 doing regens, because, as you know, regen requires you 

7 to enrich the fuel and, you know, there goes your fuel 

8 economy and things like that. 

9 MR. MACHIELE: Okay. Thank you for that. 

10 MR. GRUNDLER: Thank you very much. We're 

11 going to take a 20-minute break now and reconvene at 

12 3:05. Make that 3:07. 

13 [Whereupon, the meeting was recessed briefly 

14 at 2:47 p.m., to reconvene at 3:07 p.m.] 

15 MR. GRUNDLER: If I can welcome panel seven: 

16 Mr. Steve Ross, Nick Rogers, Laureen Boyles, Mona 

17 Safarty, David Lukens, Jim Hart, Charlie Bugg, Russell 

18 Zerbo, welcome. 

19 Dr. Rizzo, you'll lead off. 

20 DR. RIZZO: Good afternoon, and thank you for 

21 the opportunity to testify today in support of Tier 3 

22 motor vehicle emissions and fuel standards program. My 
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1 name is Dr. Albert Rizzo, and I'm Chief of the 

2 Pulmonary Critical Care Medicine Section at Christiana 

3 Care Health System in Delaware. I've been caring for 

4 Delawareans for over 30 years because of their lung 

5 disease. 

6 As a pulmonary physician, I'm here to 

7 advocate for my patients with lung disease, and in my 

8 role as immediate Past Chair of the National Board of 

9 Directors of the American Lung Association, I'm here to 

10 advocate for not only those millions of Americans who 

11 deal with lung disease, but also for those millions of 

12 infants, children, teenagers, and seniors who don't 

13 want to develop lung disease. 

14 It's in the best interest of public health 

15 for our society, and for this reason the American Lung 

16 Association urges the U.S. Environmental Protection 

17 Agency to adopt final cleaner gasoline and vehicle 

18 standards before the end of the year. 

19 Let me start by describing the health effects 

20 of tailpipe pollution. Motor vehicles are a major 

21 source of nitrogen dioxide, carbon monoxide, and 

22 volatile organic compounds. These are the raw 
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1 ingredients needed to form harmful ozone and 

2 particulate matter. 

3 Ground level ozone or smog that blankets much 

4 of the United States during the summer is a powerful 

5 respiratory irritant, and when inhaled, the ozone 

6 damages the lung tissue much like the summer sun burns 

7 our skin. 

8 Ozone air pollution poses health risks for 

9 all who are exposed, be they infants, children, 

10 teenagers, or seniors, and it is particularly 

11 troublesome to the nearly 26 million with asthma and 13 

12 million with COPD, and the millions of others with lung 

13 diseases. Just as importantly, even healthy adults who 

14 work or play outdoors are at risk. 

15 The EPA's just completed assessment of ozone 

16 shows that the health effects are not limited to the 

17 respiratory system and may affect cardiovascular 

18 health, the central nervous system, as well as the 

19 reproductive and developmental systems. 

20 The pollutants, nitrogen oxides, and sulfur 

21 are byproducts of gasoline combustion are transformed 

22 into fine particles in the air. These tiny particles 
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1 are less than one-tenth the diameter of a single human 

2 hair, and they're so tiny that they bypassed the body's 

3 defenses of the nose and upper airways and lodge deep 

4 within the lung. This is where they cause the human 

5 health problem. 

6 Particle pollution also diminishes lung 

7 function, causes greater use of asthma medications, and 

8 increases the rate of school absenteeism, emergency 

9 room visits, and hospital admissions. 

10 Both particulate matter and ozone cause the 

11 most egregious harm as well: premature death. 

12 Unfortunately death is not the only harm these 

13 pollutants cause. For hundreds of thousands of people, 

14 polluted air means more breathing problems on a day-to15 day basis, aggravated asthma, fear-filled trips to the 

16 emergency room, and admissions to the hospital, 

17 sometimes in the intensive care units. These are the 

18 patients that I and physicians like me see daily in the 

19 hospital and in our practice. My patients already have 

20 reduced lung function because of their COPD, asthma, 

21 pulmonary fibrosis, and other diseases. 

22 Their reserve to handle any additional 
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1 impairment is limited, and the exposure to ozone and 

2 particulate matter is exactly the additional impairment 

3 that can affect my patients' ability to function 

4 independently on a day-to-day basis. The increased use 

5 of their medication, the steps up in medical management 

6 due to poor air quality, is burdensome to the patients 

7 and the caregivers. 

8 COPD is already the leading -- the second 

9 leading cause of disability and impairment in this 

10 country, and the personal and societal impact of this 

11 is amplified by air pollution. 

12 We educate our patients daily as far as 

13 staying indoors and limit their activities when 

14 possible on bad air days. However, children and 

15 grandchildren, soccer games, and baseball games, often 

16 override this best intention. So despite our warnings, 

17 we often see a rise in the office and emergency room 

18 visits during those days. The impact on the quality of 

19 lives, the lost productivity from work absenteeism, and 

20 missed school days, takes a toll on all of us. 

21 So thank you for the opportunity to speak in 

22 support of what are life-changing and life-saving 
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1 cleaner gasoline and vehicle standards. As a 

2 pulmonologist who's seen the health effects of air 

3 pollution, I urge you to adopt these final standards 

4 this year. Thank you. 

5 MR. GRUNDLER: Thank you, Doctor. 

6 Mr. Ross? 

7 MR. ROSS: Hi. My name is Steve Ross. I 

8 live in Fishtown right by I-95, and I work right here 

9 in Rittenhouse. It's a round trip of about seven miles 

10 commute today, which I take on bicycle. I ride down 

11 Spring Garden Street, 16th Street, major streets with a 

12 lot of traffic, especially in Center city. 

13 This whole way through rush hour traffic, I'm 

14 breathing all of the exhaust, all of the fumes from 

15 some of these major streets. I can smell it. I can 

16 feel it. I can feel the effects when I get into work. 

17 I can be short of breath even after having a pretty 

18 decent exercise session. This directly affects me, 

19 especially, and everybody else that bikes throughout 

20 the city of Philadelphia, especially the people that 

21 bike every day to get everywhere. Like I said, it's a 

22 seven-mile commute, but that doesn't count me going to 
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1 the store, going to friends' houses, going out to, you 

2 know, the baseball park. Anything that I do, I am 

3 breathing these fumes. 

4 And these Tier 3 rules would reduce what I 

5 take in every day as I just get around the city. As I 

6 said, I live right on I-95. I'm pretty close to it. 

7 Throughout the summer, I live in an old home without 

8 air conditioning. I keep my windows open. Even in a 

9 couple of days, you can see a layer of soot on every 

10 window sill in my house that is built up just from all 

11 these cars and trucks going by on 95 every day. 

12 It's a huge issue. Just looking at my window 

13 sill, I wonder every day what goes into my lungs. 

14 What's actually going in there and affecting me? 

15 Thank you for the opportunity and definitely 

16 support Tier 3 and get that through. 

17 MR. GRUNDLER: Thank you, sir. 

18 Nick Rogers. 

19 MR. ROGERS: How's it going? My name is Nick 

20 Rogers. I'm a competitive cyclist and an asthmatic who 

21 lives in Philadelphia, and I spend most of my time 

22 outdoors. I'm a strong supporter of the proposed new 
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1 clean gasoline standards, and hope my testimony today 

2 can help the EPA go forward with its implementation. 

3 As someone who suffers from asthma and spends 

4 of my days outside, especially during the summer when 

5 ozone levels are already high, I'm at a higher risk of 

6 health problems caused by air pollution than some 

7 others. It's especially important to me to protect my 

8 health because of what I do, cycling. I spend hours 

9 every day training outside on my bike, and I'm 

10 constantly subjected to the poor air quality in 

11 Pennsylvania. 

12 I race my bike against other athletes who 

13 take impeccable care of their health. So my lungs need 

14 to be physically up to the task every weekend of pushed 

15 to the limit. And when air pollution from cars and 

16 light trucks causes me to suffer from lung problems, it 

17 takes all the hard work that I've done, makes it 

18 obsolete. 

19 So more important, though, than my athletic 

20 performance being affected by pollution from cars is 

21 the serious impact the pollution has on my health. 

22 Nationally, vehicles currently emit approximately 1.7 
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1 billion tons of carbon dioxide each yea. These 

2 vehicles are also significant sources of air pollution, 

3 such as particulate matter, NOx, volatile organic 

4 compounds, and air toxins. The proposed standards 

5 should substantially decrease exhaust emissions of 

6 these harmful pollutants from cars and trucks. 

7 I feel that if -- I fear that if this rule 

8 isn't adopted, my life might be one of those that 

9 could've been saved with the help of reduced pollution. 

10 My high risk for serious lung problems as an asthmatic 

11 and a cyclist makes it crucial to me that EPA tightens 

12 restrictions on cars and light trucks. Otherwise, I 

13 and people like me will cost the government and private 

14 insurance companies billions of dollars in health care 

15 costs, and cause tragedies to families burdened by the 

16 loss of a loved one because of this pollution. 

17 Ozone burns my lungs and airways, causing 

18 them to become inflamed, reddened, and swollen. 

19 Particles lodge deep inside lungs where they threaten 

20 my breathing, my heart, and my life. Cleaning up the 

21 emissions from cars and light trucks is critically 

22 important because ozone smog causes coughing and 
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1 wheezing, triggers asthma attacks, sends people to the 

2 emergency room, and causes heart attacks and strokes, 

3 as well as premature death. 

4 I think the EPA could actually do even more 

5 in the investment and cleaning up. Even more means 

6 that we see even greater health and economic benefits 

7 and more lives saved each year. 

8 Thank you for giving me the opportunity to 

9 testify about this important issue to me. It's my 

10 request that the EPA please does go through with the 

11 proposed rule and protects everyone's health and air 

12 quality, especially those like myself with increased 

13 risks of health defects. 

14 MR. GRUNDLER: Thank you very much for 

15 coming. 

16 Ms. Boyles? 

17 MS. BOYLES: Good afternoon. My name is 

18 Laureen Boyles. I'm a civil engineer and an 

19 environmental study planner, and a member of the 

20 Environmental Justice Leadership Forum on Climate 

21 Change. The forum is a national coalition of 35 

22 environmental justice organizations working together to 
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1 inform State and Federal policy and advise political 

2 and legislative action toward the development of just 

3 policies and equitable reduction of carbon emissions in 

4 all communities. Thank you for the opportunity to 

5 testify on these Tier 3 standards. 

6 The Environmental Justice Leadership Forum on 

7 Climate Change supports those provisions of the Tier 3 

8 standards that are consistent with the organization's 

9 mission. I caution that the credit trading provision 

10 designed to offer flexibility during the transition to 

11 more efficient vehicles and cleaner fuels seems 

12 counterintuitive to uniform national standards, thereby 

13 uniform benefits. I propose that the success of the 

14 Tier 2 standards are well documented and are all the 

15 transition that we ever needed. 

16 We casually speak of trading credits, but if 

17 we look at the transaction closely, someone is standing 

18 with a basket full of credits, and someone is standing 

19 with a basket full of dis-benefits or pollution. 

20 Because all communities deserve their share 

21 of greenhouse gas reductions, fuel savings, energy 

22 security, mitigation of disproportionate adverse health 
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1 impacts, economic growth, and job creation, I ask that 

2 you consider the benefits that -- or the impact that 

3 the trading provision has had on the Tier 2 standards 

4 as we move forward in Tier 3. 

5 Thank you again for this opportunity. I 

6 applaud the work that you've done as well as the effort 

7 that it takes to balance the protection of people, the 

8 preservation of the planet, and the promotion of 

9 economic prosperity. Thank you. 

10 MR. GRUNDLER: Thank you very much. 

11 Mr. Zerbo? 

12 MR. ZERBO: Hello. My name is Russell Zerbo, 

13 and I'm an asthmatic. I would like to thank the EPA 

14 for proposing this rule and holding the hearing in an 

15 area strongly affected by air pollution and other 

16 environmental injustices. 

17 I've lived in the Philadelphia area all my 

18 life. As a young man, a doctor told me that I had 

19 developed asthma from being exposed to chemicals used 

20 in hair dyes and other treatments. My mother worked 

21 part time at a hair salon, but in order to be at home 

22 to get myself and my sister, who also has asthma for 
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1 the same reason, to and from school and maintain our 

2 home, she built a small salon in our laundry room, and 

3 often made me breakfast while we were waiting for 

4 someone to get their hair rinsed out. This is why I 

5 have asthma. This is why I'm predisposed to be more 

6 strongly affected by air pollution. 

7 In Philadelphia, 60 percent of our air 

8 pollution comes from auto emissions. In my own efforts 

9 to reduce air pollution, I do not own a car and try to 

10 bike as much as possible. While I use my own energy 

11 getting around the city, I have to ride side by side 

12 with cars pumping sulfur, carbon, soot, and other 

13 toxins into my already irritated lungs. 

14 I thank the auto industry for supporting this 

15 rule and acknowledging that low sulfur requirements and 

16 regulations on evaporative emissions go hand-in-hand. 

17 This is beyond sulfur because sulfur dioxide creates 

18 soot and ground level ozone when it interacts with 

19 other toxins in the air. So to just say that it's 

20 about lowering sulfur emissions is very misleading. 

21 I don't appreciate the gasoline industry's 

22 implication that since previous emission standards were 
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1 so effective, we should be content with the current 

2 state of air pollution. With automotive manufacturers 

3 supporting it, there is no reason not to keep pushing 

4 the industry towards minimizing emissions. 

5 My mother paid for my hospital bills, 

6 doctor's visits, and prescriptions with the money she 

7 made polluting my body. I'm asking the petroleum 

8 industry to absorb the one percent gallon price 

9 increase in gasoline without raising retail rates as 

10 repayment for harming Philadelphia's air quality. 

11 I was able to receive the medical attention I 

12 required, but many others are not so fortunate and 

13 experience much hardship because their untreated asthma 

14 gets exponentially worse as gas companies are content 

15 with standards they did want in the first place. 

16 Advancements in low sulfur gasoline and more efficient 

17 engines are reason to push emission regulations 

18 further, not to lag on them. 

19 Thank you. 

20 MR. GRUNDLER: Thank you. 

21 Mr. Lukens? 

22 MR. LUKENS: Yes, thank you. My name is 
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1 David Lukens. I'm a concerned citizen testifying in 

2 support of the proposed Tier 3 rules. And I helped to 

3 found a natural food company actually that started out 

4 in Montana, and then since a lot of my work is 

5 relationship based, I could live anywhere that was 

6 affordable. I picked Philadelphia mostly because it's 

7 pedestrian friendly. It's a very walkable city. 

8 And on my way to this hearing, I actually 

9 knocked on a -- on the window of a tour bus and told 

10 them to quit their engine idling, which is something I 

11 try to do several times a day. And I think that that's 

12 an easy and effective shift, just like adopting this 

13 rule, which really benefits all people who walk in 

14 Philadelphia and in other cities. 

15 So thank you for your consideration. 

16 MR. GRUNDLER: Thank you. Did the bus driver 

17 shut off his engine? 

18 MR. LUKENS: Yes, he did. That happens in 

19 about 30 percent of the cases, immediate shut off. 

20 MR. GRUNDLER: Thank you. 

21 Mr. Bugg? 

22 MR. BUGG: My name is Charlie Bugg, and I was 
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1 invited to testify by the Penn Environment. I'm a 

2 member of that organization. I'm also a low income 

3 landlord in Philadelphia. I'm a gardener, and I'm the 

4 Treasurer of the Frankfurt Garden Club, which is a 

5 neighborhood here in Philadelphia. I'm also a hiker, 

6 and an occasional sailor, and the father of a 17-year7 old daughter. All these are reasons why I'm happy that 

8 the EPA is proposing this rule. 

9 I don't have asthma. I don't have any 

10 serious problems. But the vast majority of us who 

11 don't also are affected by this and believe in it. For 

12 instance, as a landlord, two things come to me on this. 

13 As a small businessman, we look at cost benefit 

14 analysis. One cent a gallon? I mean, it's absurd that 

15 that would be a reason not to do it. The price of 

16 gasoline goes up or down five cents a week sometimes. 

17 It seems a bit crazy to me. Or even the -- although 

18 there's no resistance from the automobile agency it 

19 appears, the less than $150 to do the changes that 

20 would be needed doesn't seem very expensive for all the 

21 problems it's caused. 

22 Many of my tenants complain of asthma, and, 
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1 of course, as the landlord I get blamed. Often they 

2 will think it's something to do with the house when 

3 probably it could be, but it's probably a lot more to 

4 do with the air. So even those of us who don't have it 

5 are affected by it. 

6 I don't know -- I haven't heard the science 

7 so much about how much this type of pollution affects 

8 our plants that we grow. I certainly believe that it 

9 does affect them some in the long run. But certainly 

10 some of us like to be a little free and open. For 

11 instance, the raspberries that you grow are the very 

12 best just picked right off the vine and eaten right 

13 then. They kind of crush easily, and it's just 

14 wonderful to do that. Some other things, too. To have 

15 to feel like you must wash them off, it's a minor 

16 inconvenience, but it matters. Of course, hiking and 

17 sailing, we're outdoors a lot and breathe a little 

18 harder. It makes a difference to us there, too. And 

19 as a father of a 17-year-old, I'm really concerned 

20 about the long-term concerns here. 

21 This happens to be the approximate 50th 

22 anniversary of Dr. Martin Luther King's "Letter from a 
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1 Birmingham Jail," and one of the things that I think he 

2 said, if not, somebody else similar, that if you're not 

3 part of the solution, you're part of the problem. So I 

4 feel like if we're not going forward in this, we're 

5 going to be -- end up going backwards. We'll probably 

6 end up having more vehicles on the road in spite of the 

7 good people here that ride bicycles so much. So we 

8 have to cut down the pollution per vehicle or it's 

9 going to get worse. 

10 I know that this focus isn't primarily on 

11 global warming, but I feel like it must affect it in 

12 some level. And I just want to point out something 

13 that maybe people are not thinking about so much. This 

14 past winter, this past heating season, has felt to us a 

15 little -- especially the spring has felt to us a little 

16 cooler than sometimes, and maybe it is except for 

17 today. 

18 However, the Enquirer, the Philadelphia 

19 Enquirer publishes every day a what they call a heating 

20 degree days. And over this past year, our heating 

21 degree days were still lower than the long-term 

22 average. The heating degree days, which covered the 
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1 time from late fall to the end of this month, as of 

2 this morning were 4,184. The long-term average was 

3 4,420. We're at 95 percent of the long-term average. 

4 So even on a cooler than average, we think, winter, 

5 it's still warmer than the long-term average, so it 

6 does affect us. 

7 Anybody who wants to see that type of thing, 

8 they changed it to the back page of the sports section 

9 in the Philadelphia Enquirer. I strongly support the 

10 new rules and wish they were stronger. 

11 MR. GRUNDLER: Thank you very much. 

12 Any questions for this panel? 

13 [No response.] 

14 MR. GRUNDLER: Thank you again for your 

15 engagement and your willingness to spend part of your 

16 day with us. It's very meaningful to all of us. 

17 UNIDENTIFIED SPEAKERS: Thank you. 

18 MR. GRUNDLER: One moment while we organize 

19 the next panel. 

20 All right. Our next panel -- late breaking 

21 news. 

22 MR. HART: I was told to go up front. 
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1 UNIDENTIFIED SPEAKER: He just walked in. 

2 MR. GRUNDLER: Have a seat up front. Are you 

3 Mr. Hart? 

4 MR. HART: Yes. 

5 MR. GRUNDLER: Mr. Hart, Bryan Crenshaw, Joy 

6 Bergey, and Harold Jones, Thomas Huynh, Frank Schaller, 

7 And Steve Flint, come on up. 

8 Why don't we proceed from left to right, 

9 starting with you, Mr. Crenshaw? Welcome. 

10 DR. CRENSHAW: Hi, thank you. I am Dr. Bryan 

11 Crenshaw. I'm Associate Professor at Children's 

12 Hospital, Philadelphia, and the Perlman School of 

13 Medicine, University of Pennsylvania. I'm also a 

14 volunteer activist at the Sierra Club. But today I'm 

15 here to speak as an individual. You've heard a lot 

16 from the bike community, and I also am a member of the 

17 bike community. And as urban bike commuters, clean air 

18 -- we seem to be particularly attuned to the fact that 

19 it's important for our health and well-being. 

20 There's nothing like biking behind a vehicle 

21 that spewing emissions from the tailpipe to elicit 

22 visceral reaction to pollution from cars and how that 
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1 raised concerns in our mind. Although clearly any car 

2 that's putting out that level of pollution is no longer 

3 in compliance with current regulations, it does make 

4 the dangers of tail pipe pollutants quite palpable. 

5 Despite the fact that most cars are, in fact, 

6 are in compliance with current regulations, there are, 

7 as we all know, bad air days, as we heard about 

8 previously, for the levels of smog are not healthy. 

9 And on these days, the cumulative impact of the smog 

10 pollution is perceptible even under the current 

11 regulations. Therefore, it's so important for these 

12 new regulations to address the major sources of air 

13 pollutants that give rise to smog, and to begin to 

14 alleviate the impact of bad urban -- or bad air days in 

15 urban environments, such as Philadelphia. 

16 Additionally, I come here speaking as a 

17 father who is raising a child in an urban environment. 

18 As you heard previously from Russell, we have impacts 

19 of raising children in urban environments, and that, of 

20 course, concerns us. Fortunately for me, my son is not 

21 an asthmatic, but I do worry about him when he's on the 

22 ball field in the summer being subjected to bad 
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1 pollution days. One is concerned that perhaps, you 

2 know, one needs to remove him from the field. Of 

3 course, that's just such a challenge. And it's for 

4 this reason for our children it's so important to 

5 reduce the amount of sulfur, and nitrogen oxides, and 

6 volatile organic compounds our environment. 

7 Undoubtedly, as we've heard before, there are 

8 organizations that oppose these regulations, and they 

9 have crass monetary interests in mind. Frankly, I 

10 think these organizations should be ashamed of their 

11 motivations. I mean, one cent per gallon of gas? I 

12 think the health of the citizens of this country, 

13 particularly our children, are worth these few pennies. 

14 Even without the sophisticated types of cost 

15 benefit analyses that went into this decision by the 

16 EPA, I think that common decency and a sense of 

17 stewardship for our fellow citizens would argue the 

18 importance of reducing the health impacts of tailpipe 

19 emissions above and beyond those that could be 

20 monetized. 

21 One has heard multiple asthmatics here at 

22 this hearing that have really brought the personal 
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1 impact of this home to us. And I think our country 

2 needs to get away from an obsession with pinching 

3 pennies, and the associated canard of the impact of 

4 regulations on jobs. We need to take care of our 

5 citizens. We need to be concerned with the well-being 

6 of our fellow men and women and children. 

7 In summary, I strongly support these new 

8 regulations, and I think it's important to protect the 

9 health of all Americans, most importantly, our 

10 children. Thank you. 

11 MR. GRUNDLER: Thank you so much. 

12 Mr. Schaller, please. 

13 MR. SCHALLER: My name is Frank Schaller, and 

14 I created the Soil Food Health Forum to educate people 

15 about food and energy pollution. My -- I want to thank 

16 specifically the Sierra Club for keeping us informed. 

17 If it wasn't for them, I would not have known about 

18 this, and they're doing very good work. My testimony 

19 covers a micro and a macro view, so even though it 

20 sounds like I'm more macro, focused on the micro 

21 connections. 

22 Thank you very, very much for this special 
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1 opportunity to comment at this public hearing. I trust 

2 the Environmental Protection Agency will live up to its 

3 middle name and provide protection from dangerous 

4 pollutants for our children and your own children. 

5 Hopefully the influence of industrial interests will 

6 not marginalize or overshadow the efforts and concerns 

7 of people testifying for stronger regulation that will 

8 work toward eliminating pollution our home planet. 

9 The next time you're in a bumper to bumper 

10 traffic jam for 30, 40, 50 minutes, when you arrive at 

11 your destination, go to the back of your car and wipe 

12 your finger across the back of the trunk. Look at the 

13 dirt on your finger and realize the direct, the 

14 chemical pollutants, the hormone disruptors on your 

15 finger are also in your lungs headed for your blood 

16 stream and traveling to the weakest organs in your 

17 toxic body. And we can thank the EPA for the research 

18 they've done on human toxicity. We are all toxic. 

19 Those same chemical compounds are also in every infant, 

20 child, and elderly person's lungs, blood, and 

21 compromised organs. 

22 The Free Library of Philadelphia has a DVD, 
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1 Who Killed the Electric Car, available. No cost to 

2 watch it. Yes, this is a hearing on combustion engine 

3 pollution, but it warrants repeating that 60 to 80 

4 percent of Americans' auto miles can be done with 

5 electric vehicles. The wind and solar industry is 

6 developing to the point of providing clean energy to 

7 support recharging the electric vehicles. Electric 

8 vehicles, cars, trucks, SUVs, can eliminate vast 

9 amounts of combustion engine pollution. 

10 Attached are references along the lines of 

11 Ross Perot for those who remember the charts and the 

12 facts that he presents. Attached are references to 

13 support the fact that America's energy policy can and 

14 must move to clean renewable energy sources very, very 

15 soon because fossil fuels have been a pernicious 

16 disease, killing and damaging the people, the land, the 

17 atmosphere of this good earth. Tailpipe emissions are 

18 at the top of the disease causing list. 

19 After over 100 years, we can surmise a 

20 combustion engine will never be pollution free. 

21 Remember that pollution means disease and early death. 

22 Our infants, children, and elderly are suffering 
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1 terribly. No economic considerations of fossil fuels 

2 counterbalances, the health impact, pain, sorrow, and 

3 destruction to the health of the people and our planet. 

4 The United States Environmental Protection 

5 Agency should be applauded for its research on 

6 carcinogens, especially those coming out of the 

7 tailpipes of combustion engines: cadmium, sulfur 

8 compounds, nitrous oxide, carbons, et cetera. But 

9 please require stricter standards now while you work to 

10 eliminate the problem, fossil fuels. 

11 And a P.S., everybody must see the 22-minute 

12 You Tube video Ten Americans from the Environmental 

13 Working Group, another good organization that has done 

14 wonderful work. 

15 Thank you very much for this opportunity. 

16 MR. GRUNDLER: Thank you for coming. 

17 Ms. Bergey? 

18 MS. BERGEY: Hi, I'm Joy Bergey, and I don't 

19 know if you got the word. I'm reading testimony for 

20 two organizations, Pennsylvania Interfaith Power and 

21 Light and Penn Future. Cricket Hunter from 

22 Pennsylvania Interfaith Power and Light could not be 
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1 here, so I'll be -- 

2 MR. GRUNDLER: Okay. 

3 MS. BERGEY: And they're both fairly short. 

4 I hope I can do them both in close to five minutes 

5 total. 

6 So I'll start by reading the testimony on 

7 behalf of Cricket Eccleston Hunter, who is the 

8 Executive Director of Pennsylvania Interfaith and 

9 Light, or Pennsylvania IPL. 

10 My name is Joy Bergey, and I'm a member of 

11 Pennsylvania IPL, member congregation, Chestnut Hill 

12 United Church. Pennsylvania IPL is an affiliate of the 

13 National Interfaith Power and Light, comprised of 40 

14 States affiliates representing 14,000 congregations. 

15 Members come together from diverse faith traditions 

16 because we share the common callings to both care for 

17 creation and to care for the most vulnerable among us. 

18 These concerns are at the root of our deep 

19 concern about climate change. In our private and in 

20 our congregational lives, we seek to reduce our 

21 emissions as part of our faithful witness. 

22 These new efficiency rules proposed by EPA 
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1 for light cars and trucks are expected to curb 

2 projected greenhouse gas emissions by six billion, with 

3 a "B," metric tons. The rules create a predictable 

4 market to spur innovation that will reduce our impact 

5 on the climate and will have both direct and indirect 

6 health benefits on citizens of the U.S. and of the 

7 world. 

8 Now that we know the effects of our 

9 consumption on God's creation and the most vulnerable, 

10 we have no choice but to act morally and respond. With 

11 these new rules, the EPA is taking the right step. The 

12 new mileage standards create new opportunities for 

13 individuals of faith to live their lives more fully, 

14 whether by carpooling in a more efficient car, walking, 

15 or riding a bike in safer, cleaner air. 

16 As people of faith, we urge you to continue 

17 the work with which you have been charged, to act 

18 swiftly and decisively in defense of clean air for the 

19 people, the country, and the planet. Thank you. 

20 And now I'll speak as, again, Joy Bergey as 

21 Federal Policy Director for Penn Future. 

22 Penn Future is a statewide public interest 
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1 membership organization founded in 1998, and we have 

2 offices across the State. So, first, thank you for 

3 coming to Philadelphia. Welcome back. We love to have 

4 you here. And Penn Future supports the proposed Tier 3 

5 standard and thanks you, the EPA, and the Obama 

6 Administration for proposing this rule. 

7 The standard, if implemented as proposed, 

8 would improve air quality and public health. It would 

9 reduce smog forming nitrogen oxides and volatile 

10 organic compounds by 80 percent. Vehicles would emit 

11 70 percent less particulate matter and 40 percent less 

12 of the toxic benzine. The rule would reduce asthma 

13 attacks, respiratory problems, and premature deaths 

14 caused by smog forming emissions. This is especially 

15 important to residents here in Philadelphia and in 

16 Pittsburgh where air in both cities is way too dirty by 

17 many Federal standards. 

18 According to EPA's own calculations, by 2030, 

19 the proposed standard would prevent up to 2,400 

20 premature deaths, 23,000 cases of respiratory ailments 

21 in children, 3,200 hospital admissions and asthma22 related ER visits, and 1.8 million lost school days, 
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1 work days, and days when activities would be restricted 

2 due to air pollution, all of this each and every year. 

3 EPA also estimates that by 2030, these public health 

4 benefits would result in avoiding costs between $8 and 

5 $23 billion annually. 

6 At Penn Future, our tagline is that every 

7 environmental victory grows the economy. So this 

8 proposed rule would improve air quality, benefit public 

9 health, and save at least $8 billion annually. What's 

10 not to love about this new standard? 

11 But the economic news gets even better. A 

12 study by Navigant Economics estimates that the Tier 3 

13 rule would create almost 5,300 permanent jobs in the 

14 operation and maintenance of new refining equipment, as 

15 well as 24,000 new jobs over the three-year period to 

16 install the new equipment at refineries. In addition, 

17 Tier 3 will drive the advances in emissions control 

18 technology developed here in the U.S. and exported 

19 globally. 

20 Penn Future is loving this proposed rule more 

21 and more, and we're not alone. The standards have 

22 broad support from science, environmental, and health 
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1 organization, UAW, consumer groups, the Manufacturers 

2 of Emission Control Technology, and many auto makers. 

3 So Penn Future encourages EPA to adopt this 

4 Tier 3 standard promptly as proposed without being 

5 weakened. Thank you very much. 

6 MR. GRUNDLER: Thank you so much. 

7 Mr. Huynh? 

8 MR. HUYNH: Good afternoon. My name is 

9 Thomas Huynh. I'm the Director for the City of 

10 Philadelphia Department of Public Health Air Management 

11 Services. 

12 First, I would to thank the United States EPA 

13 for holding public hearing on the proposed rule of air 

14 pollution from motor vehicle. Air Management Services, 

15 AMS, is the local air pollution control agency for the 

16 City of Philadelphia. Our mission is to protect the 

17 health and quality of life for the Philadelphia from 

18 adverse effect of air quality. It operates under the 

19 authority of the Philadelphia, Pennsylvania Air 

20 Pollution Control and the Clean Air Act. 

21 AMS strongly support Tier 3 proposal to 

22 reduce emission from passenger car and light truck by 
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1 lowering the sulfur in gasoline. The Tier 3 would 

2 reduce nitrogen oxide, volatile organic compound, 

3 emission by eight and three percent by 2017, by 2030 by 

4 28 and 23 percent, respectively. The approximate 

5 emission of benzine and total air emissions would be 

6 reduced by four and three percent by 2017, and 36 and 

7 23 percent by 2030. These reductions will 

8 significantly improve to help benefit Philadelphian, 

9 and as well help us to meet the National Ambient Air 

10 Quality Standards. 

11 Currently, Philadelphia meets all the 

12 standards except for ozone and particulate matter, five 

13 particulate matter. In 2012, we had 21 days that we do 

14 not meet the National Ambient Air Quality Standards. 

15 The current level ozones mostly were created 

16 by nitrogen oxides and volatile organic compound from 

17 the automobile, and 22 percent of children of 

18 Philadelphians have asthma. This is the rate that -- 

19 the output rate of the national average. And most the 

20 emissions created near the roadway, and most 

21 Philadelphian people live within 76 meter from the 

22 roadway, would be impacted by the automobile results. 
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1 So in summary, I would like to have the rule 

2 be adopted as quickly as possible because the standards 

3 are consistent with California and other European 

4 countries already have. We do hope with the rule we're 

5 able to meet the air quality standard. We also are 

6 able to reduce the air toxic emissions. Right now we 

7 have eight air toxic compounds that consist more than 

8 one in a million risk due to the high sulfur in 

9 gasoline. 

10 Thank you for the opportunity to support the 

11 proposed rule, and we remain committed to protect the 

12 health and well-being of the people in Philadelphia. 

13 Thank you. 

14 MR. GRUNDLER: Thank you, sir. 

15 Steve? 

16 MR. FLINT: Thanks. Good afternoon. My name 

17 is Steve Flint. I'm the Assistant Director for the 

18 Division of Air Resources for the New York State 

19 Department of Environmental Conservation. I want to 

20 thank EPA for the opportunity to testify on behalf of 

21 New York State regarding the proposed Tier 3 motor 

22 vehicle emissions and fuel standards. And up front, 
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1 New York fully supports the option of the proposed Tier 

2 3 standards, and we're particularly interested in the 

3 proposed gasoline -- yeah, sorry about that -- the 

4 gasoline sulfur standard. 

5 New York has historically for a long time now 

6 had in place the California motor vehicle emissions 

7 standards in order to help us meet our air quality 

8 objectives. We most recently adopted the California 

9 Advanced Clean Cars Program in 2012 to help us achieve 

10 and maintain reductions for criteria pollutants and 

11 greenhouse gas. That's the California LEV III program. 

12 The proposed Tier 3 standards will harmonize 

13 the national standards with those more stringent 

14 technologies, forcing standards that have been the 

15 hallmark of the California program over the last 20 

16 years now. New York is confronted with serious air 

17 quality problems associated with transported air 

18 pollution, and implementation of the Tier 3 standards 

19 nationwide will have a positive impact on the reduction 

20 of transported emissions from upwind States that 

21 negatively affect New York. These upwind controls will 

22 lead to a more equitable distribution of controlled 
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1 costs. 

2 And just to point out that metropolitan New 

3 York is in non-attainment for the 2008 ozone standard, 

4 and we have, in fact, based on actual monitored data 

5 requested a bump up of that non-attainment status to 

6 moderate. 

7 Adoption of the national Tier 3 standards 

8 will harmonize the Federal and California standards, 

9 thereby reducing compliance burdens on vehicle 

10 manufacturers, enabling them to build vehicles to a 

11 single national standard. 

12 In New York, we've implemented pretty much 

13 everything we can implement as far as controls on 

14 stationary sources. Incoming air quality is a very big 

15 deal to us in New York, and Tier 3 is a critical part 

16 of that. 

17 We also fully support adoption of the 

18 proposed standards regulating the sulfur content of 

19 gasoline. When we adopted the California motor vehicle 

20 emissions standards in 1990, the Clean Air Act pretty 

21 much hinders New York and other States from adopting 

22 the California fuel standards. I won't say it's 
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1 impossible, but it is a high hurdle. 

2 The proposed gasoline sulfur limited of 10 

3 parts per million is widely accepted, developed around 

4 the developed world. It's currently the standard in 

5 the EU, Japan, South Korea, and in California, and 

6 China is even moving forward with the 10-part per 

7 million sulfur standard. 

8 The engine exhaust after treatment fuel needs 

9 to be treated as a system, as EPA has recognized and 

10 done with the Tier 3 and now the Tier 3 standards and 

11 heavy duty standards as well. And we fully support the 

12 proposal here to regulate the system again. Reduction 

13 in the sulfur content of gasoline facilitates 

14 improvements in engine and exhaust after treatment 

15 signs that can further reduce emissions of ozone 

16 precursors, as well as reductions in greenhouse gas 

17 emissions improvements in fuel economy as other 

18 technology is enabled. 

19 Sulfur is well-known poison catalysts that 

20 are vital for meeting existing and proposed standards. 

21 There's been concern expressed about this for many 

22 years now, and Tier 3 made a lot of progress in 
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1 reducing standards that -- sulfur standards, and now 

2 it's time to go the next step and bring it down even 

3 further. 

4 While the emissions benefits associated with 

5 the Tier 3 standards won't fully accrue until the fleet 

6 turnover, the environmental benefits from gasoline 

7 sulfur reductions will also improve the effectiveness 

8 of millions of catalytic converters already in the 

9 field. We know that some of the effects of sulfur on 

10 catalysts is reversible, so as soon as it goes into 

11 effect, we get benefits. Your documents suggest 

12 284,000 tons of NOx nationally in 2017. That's 

13 probably in the order of 10,000 tons of NOx for New 

14 York. 

15 And to illustrate some of that impact, I 

16 looked at data -- INM data for 2012 in New York, and we 

17 had 17,000 vehicles fail initial INM tests for 

18 catalytic converter. And we don't know how many 

19 might've been repaired before they were tested, so we 

20 know that sulfur improvements would reduce that 

21 catalyst impact, and, therefore, not only save some 

22 money for the owners for catalyst repairs, but also 
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1 give us environmental benefits. 

2 Finally, just -- I'm out of time, but just to 

3 say as far as cert fuel, I've personally been harping 

4 on EPA for a long time to make cert fuel look more like 

5 fuel in use, so thanks. 

6 Again, we fully support these standards, and 

7 we'll be providing some more detailed written comments 

8 to the docket. 

9 MR. GRUNDLER: Thanks, Steve. The cert fuel 

10 provision is known as the Flint provision. 

11 Mr. Hart? 

12 MR. HART: I'm sorry that I didn't turn the 

13 microphone to my gentleman to my right. I'm a Quaker, 

14 and you'll -- if you haven't heard from Hollister 

15 Knowlton, she will be speaking, I believe. I don't 

16 represent the Society of Friends. I am a Quaker. 

17 On the way from here to lunch, I was walking 

18 rapidly, and I made the typical pedestrian's mistake of 

19 running across a very wide street. Well, I'm old 

20 enough to half collapse. My leg gave out, and six -- 

21 five lanes of traffic was headed towards me. I 

22 recovered and ran, so I was saved. 
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1 I think back to when I was taking my son, 

2 who's now 37 years old, running a non-profit for 

3 children. When I was walking him, we took public 

4 transit to get to his daycare. I would walk across JFK 

5 Boulevard carrying his lunchbox, and the traffic 

6 turning that corner, the very place where I stumbled 

7 going out that direction, drives five cars wide at 

8 anything. And one particular day, a car aimed directly 

9 for us, and I was frozen. I didn't know what to do. 

10 The car swerved around me and my child. I threw his 

11 lunchbox at the car. 

12 Now, coming here back from lunch, I got up to 

13 Market Street, and looked down across the street and 

14 saw a kid walk into the street, 10-year-old at most, 

15 and a bus came within one and a half feet of this 

16 child. Everybody on the street screamed. 

17 Now, I'm way off target here. I heard this 

18 morning things that were way beyond me. If you look at 

19 the hole in my head, it's not because I'm an idiot, but 

20 because I was exposed in high school to concentrated 

21 hydrochloric acid. The teacher didn't tell me don't 

22 get into that bottle. I sniffed it. Now many medical 
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1 procedures and surgeries later, I'm an epileptic. I 

2 have some cognitive difficulties. 

3 Going back to that boy in the street, 

4 everybody screamed, and I was in tears. Cars, I don't 

5 -- my wife takes me places. I can't drive, thank 

6 heavens. I'm a little scattered because of this brain 

7 problem. Finish up if I can real quick. 

8 Regulation is necessary, but regulation is 

9 used by industry. We saw all the industry people 

10 earlier, and they were overwhelming. I couldn't 

11 understand them. But I knew that something was going 

12 on there with the dots and the dashes and the small 

13 print. Regulation is a tool that the polluters use. 

14 Now, I respect the Environmental Protection Agency. 

15 Believe me, it's in gold letters. You've done a lot of 

16 good work, but why should it be so much work? 

17 The pressure should be on the polluters and 

18 the killers of this planet. By the way, I'm also an 

19 adult who acquired asthma. I see the trees in my 

20 backyard disappearing, shrubs, azaleas that were 10, 

21 12, 15 feet long are dying. And, oh, flowers are 

22 appearing that I've never seen, a wonderful thing, bad 
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1 thing. This is a crazy era we're living in. 

2 And I really -- I'm going to finish up in 

3 just 30 seconds. I really appreciate your work because 

4 you are attending to a lot of difficult material. I 

5 respect your intelligence and what you know, and I hope 

6 you do well. But -- well, you've heard it. You know 

7 what I mean. Thank you very much. 

8 MR. GRUNDLER: Thank you so much for coming, 

9 Mr. Hart. 

10 Mr. Butera? 

11 MR. BUTERA: Yes, good afternoon. My name is 

12 Jay Butera, and I'm speaking to you today from a 

13 personal standpoint as a father of four children and a 

14 very concerned citizen. I hope you have this handout 

15 that I dropped off to you. 

16 I wanted to speak just a little bit about my 

17 perspective on pollution, pollution of air and 

18 pollution of water. And I understand that the ruling 

19 that we're discussing today advances us toward cleaner 

20 air or less emissions, you know, by significant 

21 percentage points. I have -- and I think that's 

22 wonderful, desperately needed. But I have some -- 
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1 perhaps a slightly different perspective on pollution 

2 that I've developed over the last 50 years. 

3 I myself cannot understand why we need to 

4 pollute at all. And I know that sounds unrealistic, 

5 but I'm going to explain some things that I think are 

6 very realistic. Why as a species with all the 

7 technology that we have do we permit ourselves to foul 

8 our water and foul our air? Why do we permit ourselves 

9 to use the atmosphere as a dumping ground for air toxic 

10 waste when we don't have to? And I'm here to tell you 

11 today that right now we don't have to. That's my 

12 perspective on pollution. And I think that we've 

13 become hardened to the fact that it's necessary. It 

14 really is not, and we can do better. 

15 Now, on the handout that I gave you, I'm 

16 showing you a fleet of cars which I think is compliant 

17 with your rule. This fleet is in my driveway right 

18 now. These are my family cars. And I wanted to tell 

19 you that we've been driving a cleaner fleet of cars for 

20 a decade now. It's been no hardship on us. It's been 

21 nothing but savings of money, reliable transportation, 

22 and just a wonderful way to move ourselves around. 
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1 So on the front page, I show you our two 

2 vehicles. One is a 10-year old Toyota Prius Hybrid, 

3 which now has 165,000 miles on it. I showed you a 

4 photograph of the odometer from this morning. That's 

5 our old technology. Our new technology, which we've 

6 had for about six months, is the 100 percent electric 

7 Nissan Leaf on the left side of the page. That has no 

8 gas tank, has no emissions whatsoever. 

9 First, I'll just talk about the Prius for a 

10 minute. By my estimates, over the 165,000 miles that 

11 we've driven that, we have saved, as I did the math for 

12 you there on the handout, 4,800 gallons of gasoline 

13 compared to the car that I traded in to get that Prius 

14 10 years ago, November 2003. At $4 a gallon, that's 

15 $19,000 of money saved. So when I see people raising 

16 red flags that this might raise your rulings, might 

17 raise the cost of fuel by a penny or a dime per gallon, 

18 I say where do I sign up, because the efficiencies that 

19 your various ruling on this topic are promoting will 

20 definitely save money. 

21 If you turn to the second page, I'm going to 

22 tell you how realistic emissions free transportation 
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1 is. This is my equation for transportation right now 

2 for all of our local driving. I drive a 100 percent 

3 electric car. I have solar panels on my roof, which 

4 charges the car. So basically we're taking the 

5 sunlight and bottling it into the car and driving on 

6 it. Zero emissions, zero fossil fuels. If you don't 

7 have solar panels, you can plug an electric car into -- 

8 you can select your electricity supplier to be any one 

9 of the number of clean green energy suppliers that we 

10 have in this area and drive your car on green energy. 

11 So all of the standards you're setting are 

12 attainable with off the shelf technology of today, and 

13 I would encourage you to adopt the ruling, make it 

14 stick, and then let's move on for cleaner and cleaner 

15 and cleaner cars until we get to zero. That's my goal. 

16 Thank you very much. 

17 UNIDENTIFIED SPEAKER: That's good. 

18 MR. GRUNDLER: Thank you. That was very 

19 interesting testimony. 

20 Any questions for the panel? 

21 MS. SARGEANT: I do. Thank you for everyone 

22 who testified. It was all very interesting. 
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1 I did have one specific follow-up question 

2 for Steve Flint from New York. You talked about the 

3 non-attainment challenges. I was wondering if you 

4 could speak a little bit to the timing and the 

5 magnitude of the emission reductions and air quality 

6 improvements that come from Tier 3 as it relates to 

7 your situation in New York. 

8 MR. FLINT: Well, again, Tier 3 for New York 

9 by itself -- Tier 3 by itself doesn't do all that much 

10 for us because we have the California program, and, in 

11 fact, New Jersey has the California program as well. 

12 But we will certainly see the transport benefits 

13 associated with it as we get improvement in air quality 

14 upwind from Tier 3. 

15 The real big bite occurs with the fuel sulfur 

16 benefit that allows us to get immediate improvement 

17 and, you know, just doing a little pro rata of EPA's 

18 numbers, it looks like 10,000 tons of NOx for New York. 

19 So, yeah, we can use that. 

20 Our issues are we're -- we are non-attainment 

21 based on current monitoring data, based on 2012 data. 

22 We're still non-attainment. In fact, 2012 made us 
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1 worse because it got rid of a cool summer. So when we 

2 look at our current non-attainment status and the fact 

3 that we've requested a bump up to moderate. We need to 

4 get the reductions to get into attainment in the 2018 

5 time frame, which would be required. 2015 looks 

6 virtually impossible. 

7 MS. SARGEANT: Thank you. 

8 MR. GRUNDLER: Steve, what kind of choices 

9 would the State be facing in the absence of this rule 

10 going final? In other words, if you didn't get those 

11 tons through the cleaner gasoline and the incremental 

12 benefit that cleaner gasoline provides for the Tier 3 

13 California vehicles that are on sale now? How would 

14 you -- 

15 MR. FLINT: Frankly, we're scrambling in that 

16 regard. We're looking at really every emission source 

17 that's out there. We are -- you know, we've had a lot 

18 of conversation with the Agency about transport issues 

19 and, you know, interstate transport on a large scale 

20 with, you know, the loss of the two cross-state air 

21 pollution rule and then its predecessor. 

22 So we're certainly looking at upwind 
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1 reductions as necessary. We would have to have -- I 

2 think we've done some modeling someplace. We're 

3 looking at 70 or 80 percent reduction in our own NOx 

4 and still not being able to get there. We've already 

5 got everything done pretty much we can do. 

6 MR. GRUNDLER: Mr. Huynh, I see you nodding 

7 your head as well. Would this make your job that much 

8 more difficult in the absence of this -- these 

9 standards? 

10 MR. HUYNH: If the EPA not pass, we're not 

11 really sure the money that we ask the local in 

12 Philadelphia would be tremendous more than .89 cent per 

13 gallon people going to pay. You know, we participate 

14 into the CSAPR Supreme Court challenge because we're 

15 not really sure -- we were banking on CSAPR. Now CSAPR 

16 is -- whenever it be, it will be. But without Tier 3, 

17 the notion that we are able to meet the 2008 ozone 

18 standards, and I understand by the end of this year 

19 that standard going to be lower. So we're not really 

20 sure whenever we would meet the national air quality 

21 standards so people in Philadelphia can enjoy the good 

22 air quality. 
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1 MR. GRUNDLER: Thank you very much. 

2 Thank you again, panel, particularly the 

3 citizens who are taking time out of their day to engage 

4 in the process. It's very, very meaningful to all of 

5 us. 

6 We're going to take a short break right now. 

7 And we have one more panel. If there are any people 

8 in the audience who wish to provide some testimony, 

9 please see our folks out in the hall and sign up, and 

10 we'll reconvene in about five minutes. 

11 [Whereupon, the meeting was recessed briefly 

12 at 4:09 p.m., to reconvene at 4:25 p.m.] 

13 MR. GRUNDLER: I'd like to invite the next 

14 panelists up: Rebecca Jacoby, Eric Cheung -- did I get 

15 that right -- Sarah Noonan-Ngwane -- excuse me, Ngwane 

16 -- beautiful name -- Rosa Michnya is already at her 

17 seat. 

18 UDENTIFIED SPEAKER: You're fine. 

19 MR. GRUNDLER: You're fine. Welcome. We'll 

20 move left to right again, or your right to left, 

21 starting with you, Ms. Michnya. Feel free to proceed. 

22 MS. MICHNYA: So my computer was down, and I 
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1 had to handwrite this, I imagine. And I'm not a 

2 doctor, but after trying to recopy it on the train, it 

3 sure looks like it. But I'll do my best here, if 

4 you'll bear with me. 

5 MR. GRUNDLER: No worries. 

6 MS. MICHNYA: Okay. I'm Rosa Michnya 

7 testifying as a citizen. Thanks so much for coming yet 

8 again to my hometown. As I say every year, we need you 

9 to return again soon to talk about Marcella Shale. 

10 You're in such a great position today, aren't 

11 you, to do so much for so many with this proposed rule. 

12 And congratulations to each of you for achieving that. 

13 I once called the EPA years ago to ask where in the 

14 Philadelphia area I could move in order to have cleaner 

15 air, and I was told you can't. It's all one big smear. 

16 That's an exact quote. 

17 Since then I know there have been many 

18 improvements, but I'm still one of more than 30 percent 

19 of Americans, I believe, living where at least one 

20 Federal air quality standard is exceeded, in my case, 

21 more than one. 

22 But I'd like to talk instead today on behalf 
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1 of the kindergarten class I volunteer at once a week 

2 here. If I ask them tomorrow if they think we should 

3 all have cleaner air through cleaner gas and cleaner 

4 cars, I know all 30 of them would instantly raise their 

5 hands, and they've got nothing against dirt, that's for 

6 sure, or against cars. In fact, they tend to love 

7 cars, and trucks, and motorcycles. 

8 When we wrote letters to Obama recently, one 

9 of them asked the President to bring him a race car 

10 next Christmas. And now that they've mastered the 

11 alphabet, it's a good time to teach them what the 

12 letters "EPA" can stand for. And they'll also be 

13 delighted to hear that today we're talking about rules 

14 for grownups for a change. They hear a lot about rules 

15 obviously for good reason. We want them to grow up and 

16 continue to be the good citizens they are today, and 

17 this is a rule to encourage grownups to do the same. 

18 Nearly 95 percent of the children attending 

19 the school live below the poverty line. And what I see 

20 each week, say what you will about public schools. 

21 I've said it myself. I went to them. But what I see 

22 each week are a lot of people working very hard to give 
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1 them a good education so that they can escape that one 

2 day. And asthma attacks are very unwelcome 

3 interruptions to all that. 

4 In fact, the child who would've been with me 

5 today with his own rainbow colored name card, for him 

6 would've been just like show and tell. He would have 

7 shown you his asthma equipment and told you how he 

8 feels when he needs to use it, has missed the last two 

9 days at school because of it, and is at the doctor's 

10 office this very afternoon because of it, according to 

11 his grandmother. She's the person raising him, and she 

12 also wishes she could be here today because she herself 

13 has heart disease and quite a long and scary 

14 hospitalization last year. 

15 She's the one Joshua calls mom and the most 

16 important person his six-year-old world. And without 

17 her, he would very likely be in foster care. He's also 

18 the one who asked Obama for a race car, by the way, and 

19 when I myself gave him one of those little Hot Wheel 

20 cars for his birthday, he said, won't mom be proud to 

21 see a hot car. 

22 The cars I see in the neighborhood around his 
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1 school don't tend to be electric cars or even hybrids, 

2 but older, larger cars. So obviously you can't do much 

3 about little Jamad's night in a homeless shelter 

4 recently, or Nagir's grief over his father who was 

5 shot, or how much Tamir is going to miss his little 

6 brother, as he recently told me, when his family splits 

7 up and has to live with relatives. You know, these 

8 kids are in kindergarten, and already they have a lot 

9 on their plate. And I certainly don't mean the school 

10 lunch. 

11 But clearly what you can do is help kids like 

12 Joshua breathe easier and miss less school, and you can 

13 help people like Josh's grandmother live longer, 

14 healthier lives so they can be there for these children 

15 when they need them the most. So just know that there 

16 are a lot of us -- young, old, and in between -- who 

17 support you in every way in making the right decision 

18 on this rule. 

19 Thank you. 

20 MR. GRUNDLER: Thank you so much for coming. 

21 Mr. Cheung? 

22 MR. CHEUNG: Thank you. Hi. My name is Eric 
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1 Cheung, and I reside in South Philadelphia. I was born 

2 almost 40 years ago, a few years after the Clean Air 

3 Act of 1970 was passed and the U.S. EPA was formed to 

4 oversee its implementation. You know, it's funny 

5 because I can actually track changes in my life and my 

6 own personal contribution to air pollution with the 

7 evolution of vehicle emission regulations under the 

8 Modern Clean Air Act. 

9 During the 70s and 80s, when I was growing up 

10 in the suburbs of Philadelphia, my family's car took me 

11 and my family everywhere: errands, shopping, eating 

12 out, having fun. We racked up the mileage just like 

13 every other suburban, middle income family I knew. I 

14 was oblivious to the effects on the environment and air 

15 pollution my lifestyle was having. The Clean Air Act, 

16 however, took some major steps toward cleaning up car 

17 emissions by requiring the use of catalytic converters 

18 and setting up inspection and maintenance programs to 

19 ensure vehicles complied with emission standards. 

20 During the 90s, I had my own car and commuted 

21 to college from my family's home. This is a period 

22 when I did the most driving of my life: to school, to 
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1 work during the summers, and to hang out with friends 

2 who were scattered throughout the region. As a result 

3 of what I learned from my education, I had become an 

4 environmentalist and was much more aware of the impact 

5 my actions had. 

6 Unfortunately, living, working, and 

7 recreating in the suburbs left me little choice but to 

8 drive. Meanwhile, EPA implemented Tier 1 vehicle 

9 standards under the Clean Air Act, which made vehicle 

10 engines comply with stricter standards. Tier l laid 

11 the ground work for cleaner cars to come through its 

12 system of multiple emission categories that auto 

13 manufacturers had to design their engines to meet. 

14 In the 2000s I graduated from law school and 

15 was living in the suburbs but working in the city. I 

16 commuted using public transportation, and as more and 

17 more of my life became focused on the city, I became 

18 less reliant on my car. I basically only drove on the 

19 weekends. It was around this time that Tier 2 

20 standards under the Clean Air Act started to kick in, 

21 forcing auto manufacturers to have more of the vehicles 

22 they made meet increasingly cleaner emission 
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1 requirements. 

2 And now here we are today in 2013 talking 

3 about Tier 3 standards. And at this point I my life, I 

4 have a house in the city, I do not own a car, and I 

5 rely completely on public transit, biking, walking, and 

6 maybe an occasional ride from a friend to work, to 

7 shop, to eat out, and to have fun. I almost never 

8 drive in a vehicle alone. My personal contribution to 

9 air pollution is the lowest it has ever been. And 

10 once, I can see the Clean Air Act is looking to improve 

11 as well. With the Tier 3 rules EPA is proposing, the 

12 result will be the cleanest-burning cars yet. 

13 The Clean Air Act has always been there for 

14 me, acting to protect my health from the impact of 

15 vehicle emissions even as I was coming to terms with my 

16 own -- with my being a part of the problem. And, 

17 thus, I feel a need to return the favor and voice my 

18 support for EPA and the Clean Air Act with its proposed 

19 Tier 3 rules. Thank you so much for the job you have 

20 been doing all my life to ensure the air I breathe is 

21 safe. And now I can stand with you and say I have 

22 done my part, too, by cleaning up my own personal 
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1 vehicle emissions. 

2 And I leave you with a promise: you keep on 

3 doing everything you can do to reduce air pollution, 

4 and I will do the same through the choices I make in my 

5 life. Please implement Tier 3 rules, and please keep 

6 finding new ways to improve vehicle emission standards. 

7 Thank you. 

8 MR. GRUNDLER: Thank you. 

9 Ms. Ngwane? 

10 MS. NOONAN-NGWANE: My name is Sarah Noonan11 Ngwane, and I speak today on behalf of the Center for 

12 the Celebration of Creation. The Center is a project 

13 of Chester Hill United Church, which has been working 

14 on issues of environmental justice since 1989. We are 

15 in strong support of this proposed Tier 3 rule and 

16 thank the EPA and President Obama for their leadership 

17 on this. 

18 It's painful to realize that more than half 

19 of all Americans still live in areas where the air 

20 poses significant health risks, and much of that 

21 dangerous air pollution comes from cars and trucks. 

22 Many of these don't even have cars. 
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1 Citizens in the government have spent too 

2 much money treating these diseases that result from 

3 tailpipe pollution. All of these health problems mean 

4 missed days of work for adults. This hurts their 

5 wallets and the larger economy. The children and youth 

6 sickened by this tailpipe pollution miss school, and 

7 that hurts our future. None of this is fair. 

8 That's why there is such a great need for 

9 this new regulation. The proposed rule would prevent 

10 up to 2,4000 premature deaths, 3,200 hospital 

11 admissions, and 22,000 asthma attacks each year. 

12 Nevertheless, our country could be doing so much more 

13 to move our economy away from these filthy fuels 

14 that'll make us ill and are heating up the planet in 

15 dangerous ways. 

16 This is a very personal issue for me. My 

17 sister and I are both -- suffer from asthma, and five 

18 years ago she was hospitalized because of a severe 

19 asthma attack, and it was extremely scary for all of 

20 us. Along with 12 other people from our church, I went 

21 to Washington, D.C. on February 17th to protest the 

22 proposed Keystone XL pipeline, and to call on our 
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1 government to stop this lunacy of supporting fossil 

2 fuels. 

3 Although the Center for Celebration of 

4 Creation supports this proposed Tier 3 rule, we view 

5 this as a small first step to the real solution: 

6 moving towards a clean energy economy built on 

7 renewable fuels and energy efficiency. The answer to 

8 this is no more fossil fuels. 

9 I'm 16 years old, and I want there to be a 

10 stable climate and clean air when I'm 26 years old, 36 

11 years old, 96 years old. But there won't be if we 

12 don't change course soon. 

13 I thank the EPA for coming to Philadelphia 

14 today to hear our testimonies. Thank you for doing 

15 what you've done so far, but please know that we have 

16 so much further to go. 

17 Thank you. 

18 MR. GRUNDLER: Thank you for coming. 

19 Ms. Jacoby? 

20 MS. JACOBY: Hi. My name is Rebecca Jacoby. 

21 I have lived in a Philadelphia inner city neighborhood 

22 since 2005. Since that time, my neighborhood and those 
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1 adjacent to my neighborhood have undergone rapid 

2 development. In my neighborhood, which is called South 

3 Kensington, which is just north of Northern Liberties, 

4 I've witnessed an unprecedented amount of development, 

5 stores and businesses, but primarily new homes, are 

6 being built constantly on every block. In Northern 

7 Liberties, every square inch of free space is being 

8 built upon. 

9 The building has now crept north to South 

10 Kensington where I live. Two blocks from me, one open 

11 green space was just turned into a parking lot. Other 

12 green spaces are targeted for more living space. With 

13 this development come more people and, therefore, more 

14 cars. The air is already noticeably less clear in only 

15 six years since I've been there. 

16 With building machinery on literally every 

17 single block, first clearing trees and land, and then 

18 sitting for weeks and months with engines running in 

19 front of people's homes, the exhaust from tailpipes can 

20 be suffocating. Although the building crews and their 

21 equipment will leave eventually, the damage lingers. 

22 Soon the newly-built 30 or 50 or 100 new condo units 
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1 will bring families, adding their cars to the streets 

2 of Philadelphia. 

3 Cleaner standards for the trucks sitting at 

4 this very moment on the streets of my neighborhood and 

5 those adjacent to mine will bring needed relief from 

6 toxic emissions these trucks produce. They are more 

7 likely to be kept running all day, and what they are 

8 spewing lasts for a long time. 

9 The thousands of cars that will be added to 

10 the streets of my neighborhood will also be admitting 

11 toxins that reach kids playing in the streets, the 

12 elderly, and people trying to work outside in community 

13 gardens, exercising, or sitting on their stoops, a 

14 Philadelphia tradition in the warm months. 

15 People in the inner city can often not afford 

16 central air, central cooling systems, myself included. 

17 They open their windows in the spring and summer. 

18 Open windows let in all the toxins from cars and 

19 building machinery that people in better neighborhoods 

20 who have central air and can close their windows can 

21 avoid. 

22 Also of concern in my neighborhood and ones 
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1 like it, in every inner city are the ice cream trucks 

2 that slowly cruise the streets an hour at a time. 

3 Right now, the weather has been quite cool, yet the ice 

4 cream trucks are already out. While the ice cream 

5 truck is one of summer's pleasures, the amount of 

6 exhaust one can spew as it sits running for half an 

7 hour in front of my home and the homes of others is 

8 stultifying. If an ice cream trucks parks in front of 

9 my house during a 95-degree day when I have my windows 

10 open, I have to close them also that my home will not 

11 fill with toxic exhaust from one of these trucks. I 

12 would rather close all the windows than have my home 

13 fill up with exhaust. 

14 If these trucks and those like them as well 

15 as passenger cars can be positively affected by new 

16 standards that need to be enacted by the EPA, there is 

17 no question that the quality of living and breathing in 

18 the inner city will increase. 

19 There's no down side to making the air 

20 cleaner in the inner cities across the United States, 

21 which already suffer from a wealth of other ongoing 

22 economic, education, and environmental issues. And 
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1 passing clean tailpipe standards will help. 

2 Thank you. 

3 MR. GRUNDLER: Thank you so much. 

4 Mr. Polites, is it? 

5 MR. POLITES: Polites. 

6 MR. GRUNDLER: Polites. 

7 MR. POLITES: I'm Frank Polites, and I want 

8 to thank the EPA for giving me the opportunity of 

9 speaking out, testifying. 

10 I'm a 66-year-old veteran. On my discharge 

11 in '69, I went to community college and began my 

12 education. I can recall the first Earth Day, and we 

13 did something that was very appropriate. We buried a 

14 car. I thought maybe that would catch on, but 

15 apparently -- 

16 [Laughter.] 

17 MR. POLITES: On the walk from my train 

18 station, I noticed there's more vehicles out here than 

19 ever. And as an asthma individual, a person afflicted 

20 with asthma, I'm very concerned about my health and 

21 about the health of the millions of other people, 

22 elderly people, who have developed this terrible 
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1 disease. 

2 And this new Tier 3 is very exciting. If we 

3 can cut down over 3,000 hospital admissions and save 

4 2,000 lives, and in my case there's an estimate -- 

5 people who do these statistics say that we can stop 

6 maybe 22,000 asthma attacks. I'm excited about that. 

7 So I hope that you do consider these new 

8 standards. They're more reasonable. They're more 

9 than, you know, efficient, and effective, and 

10 affordable. As an elderly person, I'm not wealthy, but 

11 I can kick in, you know, a penny in the, you know, a 

12 hundred dollars per vehicle, whatever. I can make a 

13 contribution to support this effort. 

14 So good luck, and I hope you're successful in 

15 passing these new standards. Thank you very much. 

16 MR. GRUNDLER: Thank you for coming. 

17 Now we're going to hear from Mr. Winters. 

18 Welcome. 

19 MR. WINTERS: Thank you. Well, I'd like to 

20 preface my remarks first since we're talking about our 

21 age and everything. I'm a 70-year-old grandfather with 

22 seven grandkids, and three of them are the first 
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1 children or the first people in my family to ever have 

2 asthma. So the situation is getting worse, not better, 

3 in spite of the fact that I've been testifying before 

4 Congress and EPA since 70s passage of the Clean Air 

5 Act. And we've gotten rid of the obvious pollution you 

6 can taste and see, but it's the stuff you can't see and 

7 the particulates that are smaller now than we ever 

8 conceived of back in 1970 that are really causing a 

9 great deal of damage. 

10 So it's a really relevant issue to me 

11 personally. I'm in fine health and do not have 

12 respiratory problems, but a lot of people my age do. 

13 And I kind of speak feel like I got to speak on their 

14 behalf, too. 

15 My name is Dennis Winters. I am the 

16 Conservation Chair of the Sierra Club's Southeastern 

17 Pennsylvania Group. While the national Sierra Club has 

18 made its position well known regarding the proposed 

19 Tier 3 tailpipe standards, our 9,300 members here in 

20 the Philadelphia metropolitan area wish to express our 

21 support for these critical public health standards as 

22 well. 
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1 The air quality of the Philadelphia area 

2 remains among the country's worst. Pollution, largely 

3 due to the operation of motor vehicles in the region, 

4 continues to have serious health impacts on our 

5 seniors, children, and those suffering from already 

6 compromised respiratory systems. 

7 The recent study by Navigant Economics lists 

8 annual health benefits of $5 to $6 billion, rising to 

9 $10 to $11 billion by 2030. In addition, Navigant 

10 predicts the creation of over 5,000 high-paying paying 

11 permanent jobs in refineries, as well as 24,000 new 

12 jobs over three years installing new refinery 

13 equipment. Yet all these real benefits are the result 

14 of spending an additional penny per gallon at the 

15 refinery. In recent times, rumors of bad weather have 

16 had more influence on the cost of fuel. 

17 In terms of air quality, Tier 3 tailpipe 

18 standards are predicted to reduce car and truck 

19 emissions of NOx, carbon monoxide, and VOCs by 29, 38, 

20 and 26 percent, respectively, over the next 17 years. 

21 By extending the life of catalytic converters, the 

22 standards can cut NOx from existing vehicles by more 
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1 than 260,000 tons, the equivalent of taking over 30 

2 million cars off the road. So we're not burying them, 

3 but maybe we can get them off the road. 

4 According to the Delaware Valley Regional 

5 Planning Agency, the area MPO, conformity with the 

6 State implementation plan is only being achieved 

7 through the continuing improvements in vehicle-related 

8 pollution controls. Now we can assist the 

9 manufacturers of the nation's vehicles and advance 

10 clean air efforts by adopting these standards and clean 

11 up fuel at the refinery. 

12 Thank you for this opportunity to receive our 

13 support for the proposed standards, and hopefully we 

14 can look forward to a future with cleaner air. 

15 MR. GRUNDLER: Thank you very much, Mr. 

16 Winters, and all of you for taking the time to share 

17 your stories. This has been very interesting. 

18 I'd note to Ms. Jacoby that you're the second 

19 person that has mentioned these ice cream trucks in the 

20 city. 

21 MS. JACOBY: Yeah, I heard that, too. It's 

22 funny. 
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1 MR. GRUNDLER: I would hope that in America 

2 we don't have to choose between ice cream and clean 

3 air. 

4 [Laughter.] 

5 MS. JACOBY: I know. I feel badly, you know, 

6 putting down ice cream trucks, you know. It was one of 

7 my favorite things to chase after the ice cream trucks, 

8 too, but they're -- I hope that they can be affected by 

9 these new standards because they really are a scourge 

10 on the inner city. 

11 MR. GRUNDLER: I was also struck by the story 

12 about the kindergarten -- kindergarten or third grade? 

13 Kindergarten class, and Mr. Cheung's tracing the Clean 

14 Air Act history with his own life. And thanks to Sarah 

15 for having the courage to come and speak publicly and 

16 so eloquently. Thank you. 

17 Let me ask the panel if we have any 

18 questions, further questions. 

19 [No response.] 

20 MR. GRUNDLER: Thank you again. 

21 UNIDENTIFIED SPEAKERs: Thank you. 

22 MR. GRUNDLER: For the audience, we're going 
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1 to take a break. 

2 [Applause.] 

3 MR. GRUNDLER: We do have other people 

4 scheduled to present testimony later today, and so 

5 we're going to take a break and wait for them to 

6 arrive. 

7 [Whereupon, the meeting was recessed briefly 

8 at 4:45 p.m., to reconvene at 5:15 p.m.] 

9 MR. GRUNDLER: We are ready to proceed. 

10 Ms. Knowlton, why don't you begin? 

11 MS. KNOWLTON: I'd be glad to. Thank you all 

12 for coming and sitting through all of this for us. 

13 MR. GRUNDLER: Not at all. It's our 

14 pleasure. 

15 MS. KNOWLTON: It's a really wonderful 

16 opportunity. 

17 So my name is Hollister Knowlton. I'm a 

18 member the Religious Society of Friends, Quakers, and I 

19 also serve as Clerk of the Seven Quaker Congregations 

20 in Philadelphia, and as a member of its Eco-Justice 

21 Working Group. I'm also a representative to the 

22 National Council of Churches Eco-Justice Working Group. 
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1 I am grateful to President Obama and the EPA 

2 for the considerable work it's already done toward 

3 advancing our country's environmental quality, 

4 especially in the face of a relatively hostile 

5 Congress. "Relatively" is probably softer than is 

6 true. Specifically, I'm here to register my strong 

7 support for this proposed ruling and urge that it be 

8 neither weakened nor delayed. 

9 I am pleased to hear that the auto industry 

10 supports this ruling, and disappointed, but not 

11 surprised that the oil industry does not. 

12 In a Nation that uses a staggering volume of 

13 fossil fuels, a level that cannot and should not be 

14 sustained if we hope to have a viable biosphere for 

15 future generations, it is critical that the combustion 

16 of those fuels be at least as "clean," quote, unquote, 

17 as possible. Unfortunately, even cleanly burned 

18 gasoline results in the emission of carbon dioxide. 

19 Quakers take seriously the stewardship of 

20 this precious planet. Further, our faith calls us to 

21 share earth's resources equitably and to live simply so 

22 that others may simply live. 
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1 Climate change is already underway, and our 

2 Nation's addiction to fossil fuels must end in order to 

3 avoid its most catastrophic impacts. We cannot 

4 continue with business as usual, and clean, renewable 

5 energy sources must be the answer for our future, even 

6 though I know that's not the subject of today's 

7 hearing. 

8 Thank you for this opportunity to speak. 

9 MR. GRUNDLER: And thank you for coming. 

10 Ms. Sarfaty? 

11 DR. SARFATY: Thank you. I also would like 

12 to thank the panelists for putting in a long day and 

13 for coming all the way to Philadelphia to hear our 

14 views on this very important area of regulation. 

15 My name is Mona Sarfaty. I'm a primary care 

16 physician and Associate Professor of Family and 

17 Community Medicine at Thomas Jefferson University. I'm 

18 also immediate past president of the Medical Care 

19 Section of the American Public Health Association, and 

20 a cleric of the Prevention and Public Health Section of 

21 the College of Physicians of Philadelphia, which is 

22 actually the oldest medical society in the United 
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1 States. 

2 I'm speaking today as an individual health 

3 professional and public health professional, not on 

4 behalf of my academic institution. And I teach both 

5 medicine and public health students and serve as a part 

6 of the quality team in my Department of Family 

7 Medicine, where we diligently work to improve health 

8 care so that the residents of the city who come to us 

9 for their care achieve the best possible outcomes. 

10 The logic of this presentation is going to 

11 come both from public health and individual health. 

12 The public's health is adversely affected in 

13 many places in Pennsylvania today because of poor air 

14 quality. Based on data monitoring carried out by the 

15 EPA and made available by the American Lung 

16 Association, the population at risk because of poor air 

17 quality in our State is substantial. 

18 The citizens of many Pennsylvania counties 

19 are affected. In Philadelphia today, vehicle emissions 

20 are the largest single contributor to poor air quality. 

21 Air pollutants that are commonly associated with 

22 vehicle emissions include the volatile organic 
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1 compounds, nitrogen oxides, particulate matter, sulfur 

2 dioxide. And under the influence of heat and light, 

3 some of these compounds are converted to ozone. 

4 While some emissions, like hydrocarbons, can 

5 be detected by smell, and some, like those that form 

6 smog, can be detected by sight, all of these emissions 

7 have negative implications for human health. Some, 

8 like particulate matter or ozone, are invisible until 

9 they reach a certain level, and may be even more 

10 damaging for that reason. Those of us who work 

11 downtown do think about this and are concerned for our 

12 own health as well as that of the citizens who live 

13 here all the time. 

14 The EPA's proposed Tier 3 rules have the 

15 potential to protect the air we breathe from all the 

16 harmful components of vehicle emissions because the 

17 rules will improve the function of the automobile 

18 catalytic pollution control systems. If these rules 

19 had been in effect years ago, many city dwellers would 

20 be benefitting right now from better health, and 

21 perhaps health expenditures would be less. 

22 Philadelphia is a non-attainment area for 
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1 ozone and has poor grades for particulate matter. 

2 While everyone is potentially affected, the people that 

3 are most at risk from these pollutants are those who 

4 have underlying medical conditions. It turns out that 

5 in Pennsylvania and Philadelphia especially that's not 

6 a small number. 

7 At many schools in Philadelphia, 20 percent 

8 of the children have asthma. This is two to three 

9 times the national average, and originates in poor air 

10 quality. 

11 In our family practice at Jefferson, we have 

12 978 individuals who have asthma. The human misery 

13 that's caused by this condition and the societal costs 

14 that accrues to treat it are real and unnecessary to a 

15 significant degree. It undermines the effort of all 

16 the medical institutions in the city, of which there 

17 are many, when the local air quality report card shows 

18 poor grades. 

19 A colleague of mine participated in an asthma 

20 project in Philadelphia called Allies Against Asthma. 

21 The project was a collaboration involving Jefferson's 

22 physicians, local hospitals, and grade schools. 
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1 Several other cities were conducting similar 

2 activities. 

3 The project arranged to have school nurses 

4 coordinate with hospital emergency rooms to identify 

5 and work with families of asthmatic children to help 

6 them use every technique available to protect the 

7 children from asthma. The load of asthmatic children 

8 in the Philadelphia schools, which was averaged at 80 

9 to a school, was the highest of all the cities that 

10 participated in this national project. 

11 While there are a number of factors that 

12 cause this high rate, the reality is that the quality 

13 of the air in many counties in our State doesn't meet 

14 the safer standards of EPA. 

15 Not only -- those who are vulnerable to 

16 asthma suffer because of air pollution, also chronic 

17 bronchitis, emphysema, and cardiovascular disease, are 

18 conditions that are made worse by poor air quality. 

19 The medical literature is full of publications from 

20 this country and from foreign countries demonstrating 

21 the cleaner air leads to improvement in health status 

22 for people with lung conditions and chronic diseases. 
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1 Part of my work at Jefferson involves quality 

2 improvement in health care, and many medical 

3 institutions are under increasing pressure to show 

4 improved outcomes because of the significant percentage 

5 of the national budget we spend on medical care. But 

6 better outcomes not only require improved health care 

7 systems, they require cleaner air and a more healthful 

8 environment. We must take this opportunity to make 

9 progress, and we still have a long road to travel. 

10 Given the shortage of time, I will submit the 

11 rest of my comments for the record. But these Tier -- 

12 MR. GRUNDLER: Please continue. 

13 DR. SARFATY: Thank you. These Tier 3 rules 

14 are not radical departures from existing standards. In 

15 fact, this rule will bring our country into line with 

16 gasoline sulfur levels that are already being achieved 

17 in Western Europe, South Korea, and Japan, as well as 

18 the State of California. 

19 The EPA should be applauded for pushing the 

20 United States in the direction of the countries and 

21 States that are taking the lead in improving the 

22 public's health by clearing up the air we breathe, by 
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1 regulating the emissions that originate in vehicles. 

2 If energy efficiency and public health guide 

3 our decisions, we'll be on sounder footing as we go 

4 forward. Knowledge and the technology have advanced to 

5 the point where these improvements are possible. The 

6 time to make these advances is right now. 

7 Thank you for listening. 

8 MR. GRUNDLER: Thank you so much for coming, 

9 both of you. 

10 Any questions? 

11 MS. KNOWLTON: Thank you. 

12 DR. SARFATY: I'd also actually like to just 

13 take the opportunity to extend my thanks to Penn Future 

14 and to Penn Environment and the other environmental 

15 organizations in Pennsylvania, which really do an 

16 excellent job of keeping us updated on what is going on 

17 at the national level and the local level, and are able 

18 to bring groups out like you're seeing today. 

19 MR. GRUNDLER: Thank you. 

20 [Whereupon, the meeting was recessed briefly 

21 at 5:24 p.m., to reconvene at 5:31 p.m.] 

22 MR. GRUNDLER: Welcome to our Tier 3 public 
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1 hearing. 

2 DR. PANTICH: Thank you. Thank you for the 

3 opportunity to speak today. 

4 MR. GRUNDLER: Please proceed. 

5 DR. PANTICH: My name is Dr. Howard Pantich, 

6 and I'm a pediatric pulmonologist at the Children's 

7 Hospital of Philadelphia. I'm speaking today on behalf 

8 of the American Thoracic Society, which is a medical 

9 professional organization of over 15,000 physicians, 

10 researchers, and allied health professionals dedicated 

11 to the prevention, detection, treatment, and cure of 

12 respiratory and sleep disorders and diseases requiring 

13 intensive care through research, education, and 

14 advocacy. 

15 I treat sick kids, kids who have severe and 

16 complex health conditions that impact their lungs. 

17 Through medications, interventional procedures, 

18 education, and disease management, my colleagues at 

19 Children's Hospital and I can usually make a difference 

20 in these children's lives. But there is one thing no 

21 medical intervention can protect children from, and 

22 that is air pollution. 
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1 There is abundant research demonstrating that 

2 air pollution is bad for your health, especially if 

3 you're a child. Numerous chamber studies have 

4 convincingly shown that exposure to air pollution 

5 reduces pulmonary function and promotes airway 

6 inflammation. Epidemiological studies have linked air 

7 pollution to a whole host of adverse health 

8 consequences, including cardiac deaths, respiratory 

9 deaths, heart attacks, vascular remodeling, 

10 exacerbations of asthma, and chronic obstructive lung 

11 disease, and low birth weight. 

12 What is most impressive about the scientific 

13 literature regarding air pollution is that it is 

14 comprehensive with literally hundreds of studies 

15 documenting that air pollution in its various forms is 

16 harmful to human health. 

17 The findings have been consistent. Over 

18 decades, researchers have been able to apply improved 

19 technologies to document the health effects of air 

20 pollution at consistently smaller doses. Vehicle 

21 tailpipe emissions are a significant source of air 

22 pollution. Tailpipe emissions contribute to overall 
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1 air pollution, and also create hot spots along highways 

2 and other high traffic areas. 

3 In many cases, vehicle-generated air 

4 pollution hits low income neighborhoods particularly 

5 hard. Vehicle tailpipe emissions include known air 

6 pollutants like particulate matter, and the emissions 

7 release pollutants that combine in the atmosphere to 

8 create ozone. Exposure to ozone and particulate matter 

9 is bad for human health and has been linked adverse 

10 health consequences, including cardiac deaths, 

11 respiratory deaths, heart attacks, vascular remodeling, 

12 COPD exacerbations, asthma exacerbations, and low birth 

13 weight. 

14 The American Thoracic Society strongly 

15 supports the EPA's proposed rule to reduce vehicle 

16 tailpipe emissions. We are particularly supportive of 

17 the proposal to reduce the fuel sulfur content from 30 

18 parts per million to 10 parts per million. When 

19 implemented, this action will have the immediate impact 

20 of making all existing engines burn cleaner. It'll 

21 have an immediate positive impact on air pollution 

22 Reducing air pollution will improve children's lives, 
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1 and we can measure that impact in reduced asthma 

2 attacks, reduced emergency room visits, and reduced 

3 missed school days. Parents will measure the 

4 improvement with healthier children. 

5 The policy will also have the double benefit 

6 of allowing auto manufacturers to use improved 

7 technology in catalytic converters and other pollution 

8 control technology to make future vehicles emit even 

9 less pollution. 

10 The dangers of pollution are real. The 

11 science documenting the adverse health effects of air 

12 pollution is conclusive. The technology required to 

13 reduce air pollution is readily available and in use 

14 today, and the benefits of the proposed rule are 

15 meaningful and significant. For all these reasons, the 

16 American Thoracic Society strongly supports the 

17 proposed vehicle tailpipe rule. 

18 Thank you for your time, and I would be happy 

19 to answer any questions. 

20 MR. GRUNDLER: Thank you so much for coming 

21 down, Doctor. 

22 DR. PANTICH: My pleasure. 
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1 MR. GRUNDLER: It's very helpful. 

2 Ms. Jenkins? 

3 MS. JENKINS: Yes. 

4 MR. GRUNDLER: And then if you need to leave, 

5 Doctor, could you leave a copy of your written 

6 testimony, that way we can include it in the record? 

7 DR. PANTICH: Certainly. 

8 MR. GRUNDLER: Thank you. 

9 Ms. Jenkins, welcome. 

10 MS. JENKINS: Thank you. Pardon my casual 

11 attire. I'm headed down to the Phillies game tonight, 

12 so I just want to -- 

13 MR. GRUNDLER: Who are they playing? 

14 MS. JENKINS: Who are they playing or how are 

15 they playing? They're not playing very well. 

16 [Laughter.] 

17 MR. GRUNDLER: Who are they playing? 

18 MS. JENKINS: They're playing Pittsburgh. 

19 MR. GRUNDLER: They're playing Pittsburgh. 

20 MS. JENKINS: Yeah, they're playing 

21 Pittsburgh, so it's an inner State rivalry here. 

22 I just would like to give no technical 
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1 testimony. I'll let that up to the experts. But I 

2 have been a resident in Philadelphia for a very long 

3 time. I am involved with several community groups. 

4 I'm a board member of ADA, tries to promote good 

5 government, and progressive politics, and environmental 

6 standards, and everything that you're talking about 

7 today. I also am a grandmother, so I'm concerned with 

8 my grandchildren's health and be able to breathe, 

9 especially in the City of Philadelphia where so many 

10 children suffer from asthma and other breathing 

11 problems. So we want to make sure that we can do what 

12 we can as a society to try to make a sustainable future 

13 for them. 

14 So I would just would like to support all of 

15 the standards that are -- that you're supporting to put 

16 I place, both as a family member and a resident of a 

17 major city, and as an activist and political party, and 

18 community organization. 

19 So I just would offer that testimony, and if 

20 you want to talk about anything concerning, you know, 

21 whether the clean air needs to be beneficial to the 

22 Phillies to play tonight -- 
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1 [Laughter.] 

2 MS. JENKINS: -- I would definitely answer 

3 any questions. Thank you for inviting me. 

4 MR. GRUNDLER: Thank you. We appreciate you 

5 taking your time to come and give us your comments. 

6 And good luck this evening. 

7 MS. JENKINS: Thank you. I hope you're not a 

8 Pittsburgh fan. 

9 [Laughter.] 

10 MR. GRUNDLER: Go Phillies. 

11 MS. JENKINS: Indeed. Thank you. 

12 MR. GRUNDLER: We're going to take a -- we 

13 have one scheduled for the next 45 minutes, so the EPA 

14 team is going to take a break, and we're going to 

15 reconvene at 6:30. And so the technical support team 

16 can take a break as well. We'll be back. 

17 MR. GRUNDLER: Thank you. 

18 [Whereupon, the meeting was recessed briefly 

19 at 5:38, to reconvene at 5:42 p.m.] 

20 MR. GRUNDLER: Feel free to proceed, Jay. 

21 MR. BUTERA: Yes, thank you. So appreciate 

22 you letting me add a few more comments. I'm Jay Butera. 
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1 I spoke earlier. 

2 One thing I did not have time to speak about 

3 before was my views on the costs associated with the 

4 ruling. And I find it difficult to put a cost on clean 

5 air. And so when we talk about the potential increase 

6 the cost of gasoline to be one cent by your estimates, 

7 five or ten cents perhaps by other estimates. 

8 I find it -- I feel that it should be -- I 

9 mean, clean air is priceless. Clean water is 

10 priceless. And there's so many things that we have to 

11 pay for. It should be a no-brainer to pay for clean 

12 air. 

13 Driving down here, I saw sort of an ironic 

14 scene. There's an area in Philadelphia where there's 

15 signs. We have fines. If you play your radio too 

16 loud, there's signs that says $200 fine for playing a 

17 radio loud. I pass other signs that say littering, 

18 $500 fine, $1,000 fine. I was in New England over the 

19 weekend, and they have anti-littering signs there where 

20 the fine is $10,000. And I say to myself a $10,000 

21 fine for littering, and this guy driving down the 

22 highway spewing toxins visibly out the back of his car, 
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1 that's free. 

2 And so, I feel that whatever cost is added to 

3 pollution, whatever the cost incurred to pollute, it's 

4 okay, because it should be costly to pollute. We 

5 should not be allowing pollution to be free. There 

6 should be a deterrent to it, and if that's a cost of a 

7 penny a gallon, it's cheap. And frankly, I'm against 

8 pollution at any cost. 

9 So I wanted to add that to the record. And I 

10 think most Americans would be happy to contribute a 

11 penny a gallon and $130 per vehicle toward cleaner air. 

12 And it's a good investment, and we should not shy away 

13 from things that could improve health, reduce 

14 mortality, and cut pollution. We shouldn't shy away 

15 from that just because of a small cost. And there's no 

16 cost that would be too high for those things. 

17 Thank you. 

18 MR. GRUNDLER: Thank you for those comments. 

19 I'm curious, have you seen city's -- the city has 

20 established a penalty for unnecessary idling? 

21 MR. BUTERA: Yes, I've seen those signs, and 

22 I suppose that is something that is beneficial, you 
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1 know. Idling is useless pollution, so I have seen 

2 those, and I welcome those. And, you know, I'm not in 

3 favor of excessive regulations, but what's excessive 

4 about doing things to preserve our air and water? You 

5 know, it's just common sense. It's kind of -- it 

6 should be the first thing we protect I think at all 

7 costs. Yeah. And now we have the technology to do 

8 that, so let's go. 

9 I thank you for coming to Philadelphia to do 

10 this hearing and for allowing me to speak again. 

11 MR. GRUNDLER: You're very welcome. Thank 

12 you for sharing your extra comments. 

13 MR. BUTERA: You're welcome. 

14 MR. GRUNDLER: Safe travels. 

15 MR. BUTERA: Thank you. 

16 MR. GRUNDLER: Thank you. 

17 [Whereupon, the meeting was recessed briefly 

18 at 5:47 p.m., to reconvene at 6:31 p.m.] 

19 MR. GRUNDLER: The Tier 3 public hearing will 

20 reconvene now. I'd like to invite panel number 11 to 

21 have a seat and to fill out a name card: Katie 

22 O'Malley, Gabriela Graterol, Bridget Killen, and Gail 
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1 Mershon. Welcome. 

2 We'll proceed from my left to right. Ms. 

3 O'Malley, you may proceed when you're ready. 

4 MS. O'MALLEY: Hi. My name is Kathleen 

5 O'Malley. I am a Pennsylvania licensed attorney with a 

6 certificate in environmental law and a Masters in 

7 public health degree, with a certificate in risk 

8 assessment and communication, as well as global 

9 sustainability and health from Johns Hopkins, 

10 Bloomberg. 

11 I work in the Philadelphia area, and I play 

12 sports here. I walk, bike, run, and play ultimate 

13 Frisbee in Philadelphia. 

14 I am very concerned about the severe air 

15 pollution in Philadelphia and its effects on myself and 

16 other residents of Philadelphia who live, work, and 

17 exercise here. I understand that the American Lung 

18 Association gave Philadelphia an F in air quality. 

19 This is merely one of the reasons that I strongly urge 

20 you to enact the Tier 3 cleaner gasoline and tailpipe 

21 standards to reduce smog forming pollution from 

22 gasoline powered cars and trucks . 
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1 The EPA should pass these air-pollution 

2 limiting regulations out of concern for the health of 

3 vulnerable members of the population, such as young 

4 children, people with asthma, those who are immuno5 suppressed, and the elderly. 

6 Every day Americans and Philadelphians are 

7 exposed to a melange of carcinogens from air pollutants 

8 to unregulated carcinogenic chemicals, like 

9 polystyrene, which is a component of most yogurt 

10 containers. From a risk assessment perspective, the 

11 EPA should follow the recommendation of the Silver 

12 Book, also called Science and Decisions: Advancing Risk 

13 Assessment, which was created by the Committee on 

14 Improving Risk Analysis Approaches used by the EPA 

15 National Research Council. And the EPA should consider 

16 cumulative risk as it decides whether to enact these 

17 Tier 3 Standards. 

18 The Agency should enact these Tier 3 

19 standards to limit air pollution from cars and trucks, 

20 thereby reducing the amount of cumulative exposure and, 

21 thus, cumulative risk to Americans from air pollution. 

22 It is very important to limit as many known exposures 
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1 to air pollution as possible since we have not 

2 currently quantified every risk and mechanism of action 

3 from unknown and poorly understood sources of air 

4 pollution. 

5 The Agency currently has the opportunity to 

6 insert an upstream, technology forcing control that 

7 will reduce air pollution, protect publ1c health, 

8 improve quality of life and the environment, save money 

9 on medical costs, improve public confidence in the 

10 Agency's ability to carry out its mission, improve 

11 public confidence in the U.S. government as a body that 

12 serves the interests of the public before those of 

13 industry and special interests. 

14 The technology forcing component of the Clean 

15 Air Act is one of the most powerful tools that exist to 

16 protect the environment and public health. It is not 

17 only the EPA's prerogative, but also its duty to 

18 protect public health and the environment by 

19 implementing technology forcing regulat1ons as intended 

20 by Congress when they passed the Clean Air Act and the 

21 1990 amendments to the Clean Air Act. 

22 There is no reasonable argument that can be 
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1 made to vitiate the Agency's clear duty to act to 

2 protect public health and the environment by enacting 

3 these Tier 3 standards. Thank you. 

4 MR. GRUNDLER: Thank you very much for those 

5 comments. 

6 Ms. Graterol? I hope I didn't get that too 

7 off. 

8 MS. GRATEROL: That's pretty good. 

9 MR. GRUNDLER: Oh, you're too kind. 

10 [Laughter.] 

11 MS. GRATEROL: My name is Gabriela Graterol, 

12 and I am a master of public health student at the 

13 University of the Sciences in Philadelphia. I am here 

14 to stand in support of the EPA's proposit1on on Tier 3 

15 vehicle emissions. As a student of public health with 

16 a concentration in health policy, I urge the public and 

17 the government to accept this proposal as what it is, 

18 an opportunity to do something right, an opportunity to 

19 Improve our children's and adults' health and health 

20 care cost and the environment, create jobs in research 

21 and development, engineering, manufacture, to develop 

22 lower cost technologies that are required for this 
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1 improvement in fuel, reduce greenhouse gas emissions, 

2 and create better quality oil derived products in the 

3 market. 

4 Over 158 million Americans are currently 

5 exposed to unhealthy levels of air pollution which are 

6 linked to adverse health effects, such as hospital 

7 admissions, emergency room visits, and premature 

8 mortality. Motor vehicles are a particularly important 

9 source of this air pollution, especially in urban 

10 areas, such as Philadelphia. 

11 Asthma is a major public health issue in the 

12 world, and pollution certainly exacerbates it. In the 

13 U.S., about one in 12 people, which is about 25 million 

14 Americans, have asthma, and the numbers are increasing 

15 every year. Asthma costs the United States about $56 

16 billion in medical costs, lost school and work days, 

17 and early deaths in 2007. Pennsylvania is one of the 

18 States that have the most proportion of adults 

19 diagnosed with asthma compared to any other State in 

20 the United States with over more than nine percent of 

21 the total population of adults affected. 

22 Emission reductions from the Tier 3 program 
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1 would lead to immediate air quality improvements that 

2 would help prevent the exacerbation of asthma attacks, 

3 which in 2008 was one in every 12 patients. These 

4 improvements are critically important for States to 

5 attain and maintain the existing health-based National 

6 Ambient Air Quality Standards. In the absence of these 

7 additional controls, such as Tier 3 programs, many 

8 areas would continue to have air pollution levels that 

9 exceed the standard that the NAAQS is trying to set for 

10 the future, and continue to magnify the health issues 

11 involving respiratory conditions. 

12 I believe as a citizen that it is important 

13 that the EPA and the government to hold gasoline 

14 refineries and oil companies accountable for national 

15 compliance on air quality. As my everyday job, I am a 

16 regulatory officer for a medical device company, and 

17 every day I make sure that the user gets a health 

18 product that has gone through extensive quality 

19 management systems against international and national 

20 standards in order to guarantee the user an optimal 

21 quality product and safe. 

22 I believe we deserve the same from the oil 
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1 industry and auto manufacture industry, which is 

2 incidentally in support of this proposal as well. But 

3 for the oil industry, especially gas refineries who 

4 strongly oppose the idea of the proposal and investing 

5 a small portion of their very big, large profits to 

6 create a product of high quality, and so denying the 

7 user of an opportunity to have better and more 

8 qualified products for our children, their future, and 

9 the planet. 

10 Thank you. 

11 MR. GRUNDLER: Thank you very much. 

12 Next, Ms. Killen? 

13 MS. KILLEN: You said my name right, so good 

14 job. 

15 [Laughter.] 

16 MS. KILLEN: My name is Bridget Killen, and 

17 I'm from the suburbs of Philadelphia, and I just 

18 graduated in May. But my major was in communications, 

19 and I've always had a great passion for the 

20 environment. And I currently work at a preschool, so 

21 working there, it makes me realize how much having 

22 clean air is important to everyone, especially the 
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1 young kids because when I was a kid, clean air was more 

2 precedent, more around because no one had asthma, and 

3 the kids that had asthma would stick out. But now it 

4 seems like every child seems to have asthma on the 

5 playground, and it really limits their ability to have 

6 fun, which is sad. 

7 But we have a moral obligation to leave the 

8 earth in better shape than how we found it, and that's 

9 what civilizations do. Of all the things we need to 

10 survive, air is the most important. Without food, a 

11 person can live for more than a week. Without water, 

12 they can live for several days. But if the person is 

13 deprived of air, they will die within minutes. 

14 Dirty air harms the plants that we need. 

15 Polluted air also negatively impacts the quality of 

16 water. Dirty air also causes global warming. Poor air 

17 can limit the amount of outdoor activities we need and 

18 enjoy. Clean air is good for the economy, and who 

19 wants to live in an area that is polluted air? 

20 Thank you. 

21 MR. GRUNDLER: Thank you. 

22 Ms. Mershon? 
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1 MS. MERSHON: Yes, hi. Gail Mershon. 

2 I'd like to talk about two things if I may. 

3 The first if myself, and the reason I want to talk 

4 about myself is because I have asthma, and I live in -- 

5 I work in Philadelphia. I work in several zip codes of 

6 Philadelphia. And my work involves being in my car all 

7 day every day as I'm an itinerant occupational 

8 therapist working with young children. So I go from 

9 preschool to day care to homes, et cetera, et cetera. 

10 And I'm sitting in my car inhaling this stuff that's 

11 coming out of tailpipes all day long every day. 

12 And I first left Philadelphia in '84, 1984, 

13 when I received my diagnosis of asthma and other 

14 respiratory conditions, because I was -- I did some 

15 research and I discovered that Philadelphia was quite 

16 polluted, and decided I didn’t want to shorten my life 

17 by as much as 15 years. So I left, and I've only 

18 returned in the last less than four years for other 

19 reasons, and partly because my heart is here in 

20 Philadelphia. 

21 So unfortunately, I've noticed that my health 

22 has deteriorated rapidly since I've been back. I've 
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1 been hospitalized twice with -- once with pneumonia and 

2 once with asthma exacerbation. And I've missed a lot 

3 of work to the extent that I'm in considerable debt now 

4 because I've had to go without pay. 

5 So there is a very personal reason for me to 

6 be excited about these fuel standards, especially the 

7 fact that the sulfur fuel standards, that it would 

8 really benefit existing cars as well as new cars. 

9 That's very exciting to me because most of the cars I'm 

10 behind all day long are old, older model. 

11 So now to switch to the children I work with, 

12 primarily three to five-year-olds. I'd say on my 

13 caseload right now, 25 percent of them have asthma, and 

14 I don't even need to read in their charts anymore that 

15 they have asthma. I can tell by looking at them, by 

16 talking to them, and by watching them play. I can tell 

17 when they've had an exacerbation and when they've had a 

18 treatment the night before because the results of these 

19 medications that they're given for their treatments, 

20 often times they have to have -- oh, I forget what it 

21 is, but it's Albuterol and some other medications that 

22 make them very hyper and jittery. And they can't pay 
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1 attention. They can't follow direction. They can't 

2 play outside with their friends. 

3 And this is so -- this feels so terrible to 

4 me. They're three, four, five, and going on six years 

5 old, and already there's a huge strike against them, 

6 many strikes against them because of the air quality 

7 that they're breathing. 

8 And so I really urge you to pass these 

9 standards for the children and for all people who are 

10 suffering from asthma. Thank you. 

11 MR. GRUNDLER: Thank you, all of you, for 

12 coming down and taking your time out of your day to 

13 share these stories and these comments. It's very 

14 important, and we admire your engagement in this 

15 process, and we take it very, very seriously. So thank 

16 you. 

17 Are there any questions from the panel? 

18 MR. MACHIELE: No. 

19 MS. LOWE: I'm a latecomer, but I'm signed 

20 up. 

21 MR. GRUNDLER: All right. Are you Patricia 

22 Lowe? 
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1 MS. LOWE: Yeah. 

2 MR. GRUNDLER: You're not late. 

3 MS. LOWE: This is my little poster, sort of 

4 summarizes my testimony. My boyfriend and I always 

5 fight over the vent, like I say close that, I don't 

6 want the so-called fresh air because whenever it goes 

7 down the hill, it stinks like rotten eggs. It's 

8 heavier than air, down the hill and into the stink. 

9 And I realize -- later on I found out the 

10 sulfur dioxide is heavier than air, and my boyfriend 

11 said, that's your imagination. Yeah, you smell it, 

12 like I don't care. But actually I said, well, it's 

13 hurting your health as well as mine. 

14 MR. GRUNDLER: If you'll excuse me, but 

15 before you proceed, could you just introduce yourself? 

16 MS. LOWE: Oh, my name is Patricia Lowe. I 

17 live in Northeast Philadelphia. And we're not immune 

18 from that. I mean, I grew up in Olney when they had 

19 the choo choo trains. My said, well, it smells like 

20 choo choo trains. I guess a lot of it was vehicle 

21 emissions, but there were less cars then, and it was 

22 really was coal burning crap, like there was a foundry 
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1 near Olney High, you know. You used to smell molten 

2 metal out of our high school window in math class. 

3 Air quality in Philly is better now than it 

4 used to be. I can attest to that being a lifelong 

5 Philadelphian, like, from the 50s. But be that as it 

6 may, I could say also that Northeast Philly smells 

7 smells better than Northern Liberties because you've 

8 got a little bit more grass and trees. But you still 

9 have vehicular traffic. 

10 So when you go down the hill on Bustleton 

11 Avenue, like it's hilly. You're riding down the hill. 

12 You get on the hill, you could be in the park even, 

13 but it's when you're down at the bottom of the hill, 

14 you'd better have the windows shut because you smell 

15 the sulfur dioxide. 

16 So I would appreciate additional regulation 

17 on that. It would help my asthma. There's other 

18 things that help asthma like being vegetarian and anti19 inflammatory diet, et cetera. But it can't all be on 

20 us. 

21 I had a smoking grandfather. He was a pain, 

22 you know, because you had it inside and outside. But I 
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1 could say what they could do for the non-smokers who 

2 are blameless, they should at least regulate the sulfur 

3 and the other noxious gasses in the air, and it's 

4 government's role, I feel, to do that. 

5 Thank you. 

6 MR. GRUNDLER: Thank you for coming. 

7 Are you Kevin Little? 

8 MR. LITTLE: Yes, I am. 

9 MR. GRUNDLER: Please introduce yourself, and 

10 proceed when you're ready. 

11 MR. LITTLE: Yes. My name is Kevin Little, 

12 and I am a resident of Philadelphia. I was raised in 

13 Philadelphia, educated in the State of Pennsylvania 

14 entirely. And I am now a science teacher, and I've 

15 lived in Philadelphia over 40 years, and my family 

16 lives in Philadelphia in the University City section of 

17 West Philadelphia today. 

18 I'm here because I am concerned about sulfur 

19 emissions from automobiles. I watched a movie called 

20 Fuel put out by Josh Tacal, the veggie van guy, and I 

21 learned that he grew up in Cancer Alley in Louisiana 

22 where his mother had nine miscarriages or maybe it was 
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1 only seven. And they couldn't swim in the rivers, and 

2 they later found that everyone was getting sick. 

3 And that resonated with me because I grew up, 

4 started off in the project past Young Homes, the 

5 projects near the oil refinery in South Philadelphia. 

6 I once heard it's the largest in the country, I'm not 

7 sure. But I don't live there anymore. I moved away. 

8 But still there are problems. I've noticed 

9 that both my kids have been diagnosed with asthma, my 

10 17-year-old and my 12-year-old. And we try and eat 

11 right. We try and eat healthy. We try and get 

12 exercise. And I have specific memories of my son 

13 playing in the schoolyard. My son goes to a grade 

14 school. My daughter goes to a grade school, the Penn 

15 Alexander School in Philadelphia, except there's a big 

16 problem. 

17 I remember a school boss idling and the 

18 diesel fumes and complaining. And then a few years 

19 later, my son was diagnosed with asthma. That couldn't 

20 be my son, but the diagnosis was the diagnosis. And I 

21 know there are laws against school buses and buses and 

22 diesel vehicles idling. And when we ride our bikes and 
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1 when I ride my bike, we try and avoid the soot coming 

2 out of buses and trucks. You can see it. We know that 

3 they're not supposed to be idling. It's against the 

4 law. But it happens. 

5 I'm here today because there's another 

6 problem: sulfur in cars. There's no law against the 

7 cars idling. You can't see the exhaust that comes out. 

8 You can't see the sulfur coming out. It's my 

9 understanding the sulfur dioxide is a colorless gas. 

10 I remember in my chemistry class, writing out 

11 the equation, the combustion of octane gasoline, and 

12 the products are carbon dioxide and water. And I 

13 remember telling my students that when you burn 

14 something in a combustion reaction, you get carbon 

15 dioxide and water. I remember telling my students that 

16 when you see a car stopped at a red light and you see 

17 liquid dripping down, it's water, mostly water. You 

18 can't see sulfur dioxide. I can't avoid it. 

19 I can see the soot coming out of the buses. 

20 We can take license plates numbers, and we can call and 

21 have people fined for letting their trucks and buses 

22 and school buses idle, but there's nothing we can do 
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1 about the cars. That's why I'm here. I need you to do 

2 something, because both my kids have asthma, and I've 

3 done everything: moved out of the projects, try and 

4 feed them a healthy diet, make sure they get exercise. 

5 We avoid buses as much as possible, at least the soot 

6 coming out of them. 

7 But we need your help on this one. There's 

8 nothing else I can do. Thank you. 

9 MR. GRUNDLER: Thank you very much, Mr. 

10 Little. 

11 Cara Meglio, we welcome your testimony now. 

12 MS. MEGLIO: Is this on? I live here in 

13 Philadelphia, and I work in the suburbs in King of 

14 Prussia about 25 miles away. I consider myself very 

15 lucky to have a job that I really enjoy, even though 

16 I'm young and just out of college. And I get to live 

17 in a city that I like. But the only down side is that 

18 I have a long commute, and I have to take the 

19 Schuylkill Express every day, which frequently backs up 

20 with traffic. So I am generally on the road for about 

21 two hours every single day. 

22 And it's nice when, you know -- when it's a 
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1 pleasant day outside, I get to put my windows down, 

2 which makes it a little better. I get to breathe the 

3 fresh air, but along with the air I'm breathing in, the 

4 exhaust of all the cars that are around me, as far as 

5 the eye can see in both directions. And I think about 

6 it every day and the potential for it having a negative 

7 impact on my health in the years to come. 

8 So I just -- I don't think that's it fair 

9 that I should have to worry about the risks of 

10 developing asthma, the risk of developing respiratory 

11 problems just to get to work every day. And the risk 

12 isn't really over after I get home from work. Like 

13 many people in Philadelphia, I only live a couple of 

14 blocks away from Route 95, so really it's just a 

15 constant problem that I'm always exposed to. 

16 And I think that the proposed clean fuel and 

17 tailpipe standards are an excellent way to make a huge 

18 difference at a tiny cost. So for the sake of the 

19 environment, myself, and millions of Americans like me, 

20 I urge the EPA to adopt these reasonable new measures. 

21 Thank you for taking my comments into 

22 consideration. 
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1 MR. GRUNDLER: Thank you, and we will. And 

2 thank you all again for taking time to share your 

3 comments with us. They're very, very valuable. 

4 Any further questions from the panel? 

5 [No response.] 

6 MR. GRUNDLER: Thank you so much. 

7 Anybody else in the audience wish to provide 

8 some testimony? 

9 We're just conferring here to see if we're 

10 expecting anyone else. 

11 MS. SARGEANT: Let's open back up the Tier 3 

12 hearing. And we have two more witnesses here today, so 

13 we have Noah Kramer and Miranda Outman. And so if 

14 you'd like to proceed, either one of you. Who wants to 

15 go first? 

16 MS. OUTMAN: Sure. Well, hi. I'm Miranda, 

17 and Noah asked me to first deliver a message on his 

18 behalf. So Noah's message is to please stop pollution 

19 because it makes animals sick. And I would also 

20 endorse that sentiment. 

21 I wanted to just say two things quickly. I'm 

22 about to be certified as an emergency medical 
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1 technician and just joining a squad. And the illnesses 

2 we see have a direct environmental correlation. You 

3 don't find the levels of cancers that we have here in 

4 countries with stronger emission standards. And we do 

5 things, like from Central New Jersey, drive really 

6 young kids with metastatic cancer all the way down here 

7 to Philadelphia to St. Jude's. 

8 And while it's wonderful that we have these 

9 facilities, we are putting all this money into cures 

10 where we really have the tools of prevention at our 

11 fingertips. And I would just ask, you know, in my 

12 capacity as a health care provider, ask people to look 

13 around at the room because -- you want to try it? Go 

14 ahead and try. You want to try? 

15 MR. KRAMER: Hi. 

16 [Laughter.] 

17 MS. OUTMAN: That was really good. Yeah, 

18 okay. I'd just ask people to look around the room 

19 because in one -- if you remember that we're in a coal 

20 mine and wherever you look just among the people around 

21 you and among your own friends and family members, 

22 you're going to see a canary. 
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1 And then the other thing that I would say is 

2 that, you know, when people look back -- the other 

3 thing in addition to doing kind of basic medical things 

4 is I love history. And when people look back at 

5 history and they read about exciting times in history 

6 in, like, you know, the Second World War or something, 

7 they always imagine themselves being a hero. And they 

8 say, well, if I was there, I would do this wonderful 

9 thing. 

10 But we are right now in the middle of 

11 history, and we have the chance to take profoundly 

12 heroic and necessary action, and the next generations 

13 will be very disappointed if we don't. And so we have 

14 the opportunity right now to be heroes I history by 

15 standing up to this -- by standing up and doing 

16 something about the rapidly-changing temperatures on 

17 our climate. And we're kind of the last best hope to 

18 make a difference there. 

19 So thank you all very much. 

20 MS. SARGEANT: Thank you very much. Thank 

21 you, Noah, for coming. 

22 Okay. So we have two more testifiers, so 
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1 we're going to wait just a moment. If you want to come 

2 on up and get seated, that's fine. And so we'll just 

3 wait a moment. 

4 All right. So I'd like to welcome our next 

5 panel. Fiona Grant and John Poole. Okay. All right. 

6 So we'll start with Fiona. 

7 MS. GRANT: Yeah. I'm Fiona Grant, and I'm a 

8 student at Cabrini College. Like the young idealist 

9 that I am, I can honestly say that the earth and the 

10 air matter a lot to me. I think about them a lot in 

11 the abstract. I think about the vast expanses of rain 

12 forests that are every day being ripped apart and will 

13 never exist again. 

14 I think about the dripping, melting, 

15 breaking, spreading, thinning ice at the North and 

16 South Poles. I think about the global temperatures 

17 that slowly but surely creep upward, about the heat 

18 records that are being broken every day. I think about 

19 this on a global scale. I picture it all in my head, 

20 and I am completely and totally overwhelmed. 

21 But beyond the abstract, beyond the 

22 overwhelming reality of our effect on planet Earth, 
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1 there is another reality, and that is the life of my 

2 little brother, Aidan, who suffers from asthma. Aidan 

3 is 14 years old. He lives with the rest of my family 

4 in Louisville, Kentucky. Our home city is surrounded 

5 by coal fire, power plants, plenty of urban sprawl, 

6 besides being filled with cars. 

7 All of the pollutants and particulates from 

8 these various sources pool in our Ohio River Valley, 

9 further clogging Aidan's delicate lungs. And as our 

10 air gets worse and our world continues to heat, Aidan's 

11 ability to experience the wonders of our planet is more 

12 and more restricted. 

13 Aidan is incredibly inquisitive, watchful, 

14 and intelligent. He can spend hours sitting in our 

15 backyard, binoculars up to his bright eyes, and a 

16 birder's guide in his hand, perfectly still, listening 

17 and looking for the birds he loves. Whether they're 

18 sparrows, cardinals, woodpeckers, or mourning doves, 

19 Aidan is keen to see the point of their beak, the flash 

20 s of their eye, and the flap of their wings. Over the 

21 past couple of years, he has been compiling a complete 

22 and total catalogue of all the birds that have passed 
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1 through our yard. 

2 I love my brother. He holds so much promise. 

3 I want the best for him. I want a world with air he 

4 can breathe. I want a world with flourishing 

5 woodlands, immaculate waters, the soaring peaks, and 

6 frozen glaciers, a world where spring comes with rain 

7 and blooms, summer with sun and green, fall with crisp 

8 color, and winter with ice and sharp chill. But I know 

9 that this world is dwindling. I fear that by the time 

10 my little brother is done with college and an adult in 

11 the real world, the little that is left of this world 

12 will have dwindled even more. 

13 So I'm here specifically on behalf of my 

14 inquisitive little brother to ask you to take our air 

15 seriously. Even in my city that does not have as much 

16 air pollution as Philly, my brother has developed 

17 asthma. Increasing tailpipe standards is an easy and 

18 simple way to prevent degradation of air across this 

19 Nation. This is a fabulously nitty gritty, unglamorous 

20 step toward a cleaner future. 

21 Thank you so much. 

22 MR. GRUNDLER: Thank you. 
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1 Mr. Poole? 

2 MR. POOLE: Hi. My name is John Poole, and I 

3 live in the 1st District in Philadelphia. I am here 

4 obviously to talk to you about the proposed tailpipe 

5 standards and how they benefit individuals in major 

6 cities like myself. I originally am from West 

7 Virginia, which is a place that's much different than 

8 Philadelphia, much more rural. 

9 And I was surprised when I moved here the 

10 different quality of the air. And at first I thought, 

11 you know, I was imagining it, and then I actually got 

12 to reading it because I work for a Medicaid insurance 

13 company. And we actually have nearly double the 

14 national rate of childhood asthma in Philadelphia, and 

15 that really struck me because I've always worked a lot 

16 with children in different ways. 

17 At least half of these individuals have been 

18 to the emergency room at least once in the past year 

19 are these children. And that's even, like, twice the 

20 amount of just the children outside of the city in the 

21 suburbs, like almost right over the city line. It's 

22 twice as much in the city. And part of that is 
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1 tailpipe pollution, you know, and some of the other air 

2 pollution that we have in the city. As far as the 

3 incidence of adult asthma in Philly, we're the number 

4 one city with a smoking ban as far as asthma is. As 

5 far as cities that have problems with asthma. 

6 Also 16,000 children make at least -- in the 

7 city, 16,000 children make at least yearly emergency 

8 department visits for asthma, 4,800 make at least two 

9 visits a year, 4,400 make at least three visits, and 

10 1,800 make five or more visits. And this is just in 

11 the City of Philadelphia, the city limits. 

12 Also, there's a lot of other benefits to 

13 these increased tailpipe standards that have been 

14 proposed. Obviously, you know, you've probably heard 

15 from other people that appeared from the Sierra Club 

16 that it could prevent 400 premature deaths yearly it's 

17 estimated, prevent 52,000 work days lost by Americans 

18 yearly, could create 30,000 jobs through the 

19 technological advances that are required by auto makers 

20 and refineries to bring this up to the standard. Also 

21 reduction of health care costs of $5 to $6 billion by 

22 2020 or $10 to $11 billion by 2030. In addition, the 
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1 reduction of climate change contributing air pollution 

2 is equivalent to taking 33 million cars off the road. 

3 So kind of like what Fiona said, I think this 

4 is kind of a no-brainer, especially since it's 

5 supported by auto makers, United Auto Workers, numerous 

6 local State health agencies, environmental groups. And 

7 many of these people estimate that it will likely on 

8 cost one penny per gallon of gasoline. 

9 So again, my name is John Poole, and thanks 

10 for having the opportunity to hear me. 

11 MS. SARGEANT: Thank you so much for coming. 

12 Does anybody have questions? 

13 [No response.] 

14 MS. SARGEANT: No? Thank you so much for 

15 coming. Is there anyone else here who wants to 

16 testify? 

17 [No response.] 

18 MS. SARGEANT: Okay. I think that's the end 

19 then, so we'll adjourn the hearing. Thank you, 

20 everyone, who stuck it out to the end. Appreciate it. 

21 [Applause.] 

22 [Whereupon, at 7:47 p.m., the meeting was 
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