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  6	UNITED STATES ENVIRONMENT PROTECTION AGENCY

  7	PUBLIC HEARING

  8	WEDNESDAY JUNE 29, 2022

  9	For Consideration of Three Separate Waiver

 10	Requests from the California Air Resources

 11	Board (CARB) Regarding its Heavy-Duty

 12	Vehicle and Engine Emission Regulations

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          PAGE

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  SPEAKERS:






                                       4

  Erik White





                                                                              3

                                       5

  Tracy Babbidge





                                                                              8

                                       6

  Yasmine Agelidis





                                                                             13

                                       7

  Diana Van Vleet





                                                                             18

                                       8

  Elizabeth Brandt





                                                                             21

                                       9

  Liz Scott





                                                                             25

10

  Daniel Cohen





                                                                             29

11

  Andrea Marpillero

 Colomina




                                                                             29

12

  Elizabeth Cerceo





                                                                             34

13

  Elizabeth Bechard





                                                                             39

14

  Melody Reis





                                                                             43

15

  Doug O'Malley





                                                                             46

16

  Samantha Dynowski





                                                                             51

17

  Kevin Garcia





                                                                             54

18

  Ann Baskerville





                                                                             58

19

  Jiyoon Chon





                                                                             61

20

  Matt Scherr





                                                                             64

21

  Bill Magavern





                                                                             68

22

  Rasto Brezny





                                                                             70

23

  Sam Wilson





                                                                             75

24

  Bryan Burton





                                                                             79
                                                                               

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                                                                           PAGE

                                       2

  Lily Zwaan

                                                                             87

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  Jed Mandel

                                                                             92

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  Patrick Quinn

                                                                             92

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  Glen Kedzie

                                                                             96

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  Katherine Stainken

                                                                            100

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  Rob Bonta

                                                                            103

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  Liane Randolph

                                                                            106

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  Alex Wang

                                                                            111

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  Mary Greene

                                                                            117

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  Dylan Jaff

                                                                            119

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  Ameen Khan

                                                                            121

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  Katherine Garcia

                                                                            124

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  Alejandra Ramirez-Zarate

                                                                            127

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  Andy Su

                                                                            132

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  1	(Virtual, via Zoom)

  2	Wednesday, June 29, 2022

  3	(At about 9:30 A.M.)

  4

  5	THE MODERATOR:	Thank you for your

                 6	comment.	The next speaker will be Erik White.

                7	Please state your name and affiliation for the

  8	record.

                      9	MR. WHITE:	Good morning.	My name is

 10	Erik White.	I'm the director of the Placer County

 11	Air Pollution Control District in California.	I am

 12	testifying on behalf of the National Association of

 13	Clean Air Agencies or NACA, the national

 14	nonpartisan, non-profit association of air pollution

 15	control agencies in 40 states, including 117 local

 16	air agencies, the District of Columbia and four

 17	territories.

 18	Thank you for holding this hearing on

 19	three requests by the California Air Resources Board

 20	for EPA to grant waivers of preemption under Section

 21	209(b) of the Clean Air Act.	Today I will focus my

 22	testimony on CARB's request for a waiver for its

 23	Omnibus Low NOx Regulation.	NACA will provide

 24	additional comments on all three requests by the

              1	EPA to fulfill its statutory obligations and fully

  2	and promptly approve all three requests.

                   3	In the Clean Air Act Congress determined

              4	that the reduction of air pollution is the primary

  5	responsibility of states and local governments.	For

  6	NACA, protecting the Clean Air Act authorities

  7	vested by Congress in state and local agencies to

  8	take actions on their own, actions that are at least

  9	as rigorous as or go beyond federal requirements, is

 10	a top priority.

 11	Such authority is our pillar, not a

 12	quirk, of the Clean Air Act.	When state and local

 13	agencies are allowed to do laboratories of

 14	innovation and implement programs that best meet

 15	their needs and circumstances, everyone benefits.

 16	Although the Clean Air Act establishes a federal

 17	program to set minimum vehicle emission requirements

 18	to serve as a floor for state regulation, since 1967

 19	it has specifically authorized California, under the

 20	waiver of provisions of Section 209, to establish a

 21	more stringent state motor vehicle emissions control

 22	program under certain conditions.

 23	While consideration of the potential

 24	adverse impact on commerce of many different state

  1	states other than California, from adopting their

              2	own motor vehicle emission standards, Congress says

              3	in Section 177 of the act:	provide that each state

  4	is free to choose whether to enforce the Federal

  5	Emission's standards or California's, at least as

  6	protective in the aggregate standards, for new motor

  7	vehicles sold in state.

  8	NACA has a decade of long history of

              9	strongly supporting full and prompt EPA approval of

 10	CARB's waiver request and other states taking action

 11	under Section 177.	As established by Congress,

 12	EPA's rule of granting a waiver to California on the

 13	particular motor vehicle emissions rule is narrow

 14	deferential.	EPA is not to substitute its judgment

 15	for CARB's as to whether a standard is too

 16	technically challenging or expensive.

 17	Moreover, the EPA may not base its

 18	decision on statutes other than the Clean Air Act or

 19	other policy considerations.	Rather EPA must grant

 20	a waiver unless it can demonstrate that one or more

 21	of the three specific conditions of Section 209(b)

 22	of the act are not met.

 23	In August 2020 comments to CARB, NACA

 24	supported the state's proposed omnibus to reduce NOx

  1	recognize the urgent need for being omnibus in

              2	California beginning not later than model year 2024

               3	as was profound need for significant NOx emission

  4	reductions from heavy-duty trucks and engines

  5	nationwide beginning not later than model year 2027.

  6	Five states have already individually

               7	exercised their right of self-determination under

              8	Section 177 and joined California with adoption of

              9	the heavy-duty new vehicle policies of the Omnibus.

 10	A sixth state has passed legislation and others are

 11	pursuing or considering similar actions.	These

 12	states have chosen this path to best protect the

 13	health of their residents.

 14	NACA strongly supports adoption by EPA of

 15	a final federal rule by the end of this year with a

 16	NOx emissions standards of other program components

 17	described in our May 2022 comments on the agency's

 18	proposed heavy-duty truck rule to take effect with

 19	model year 2027.

 20	Further, we cannot overstate the need for

 21	EPA to grant California's waiver request for the

 22	Omnibus without delay so they can take effect on

 23	schedule for California and for the states that have

 24	exercised their Section 177 authority to adopt the

  1	other states to adopt, should the final federal rule

  2	be delayed, fall short on the rigor of the emission

              3	standards or program components or as a whole fail

  4	to achieve the necessary emission reductions.

  5	The Omnibus meets all the statutory

  6	criteria that EPA must consider, and the only

  7	criteria that EPA may consider when responding to a

  8	waiver request.	It is incumbent on EPA to take

  9	swift action to approve this waiver and for similar

 10	reasons the other two requested by California.

 11	Thank you.

 12	THE MODERATOR:	Thank you for your

 13	comment.	Our next speaker will be Tracy Babbidge.

 14	Please state your name and affiliation for the

 15	record.

 16	MS. BABBIDGE:	Good morning.	My name is

 17	Tracy Babbidge, and I'm the Air Bureau Chief for the

 18	Connecticut Department of Energy and Environmental

 19	Protection.	I'm testifying today on behalf of the

 20	Northeast States for Coordinated Air Use Management,

 21	or NESCAUM, in support of EPA granting all three

 22	California waiver requests.

 23	The Connecticut Department of Energy and

 24	Environmental Protection is a member of NESCAUM,

               1	New Hampshire, New Jersey, New York, Rhode Island

  2	and Vermont.	NESCAUM's member agencies have the

  3	primary responsibility in their states for

  4	implementing clean air programs that achieve the

  5	public health and environmental protection goals of

              6	the Federal Clean Air Act, including attaining and

  7	maintaining compliance with national ambient air

  8	quality standards.

  9	For decades California's authority under

 10	the Clean Air Act has been recognized by Congress

 11	and EPA on a bipartisan basis as a vital part of our

 12	nation's response to air pollution.	By including

 13	sections 209 and 177 in the Clean Air Act, Congress

 14	understood the important role that states have in

 15	protecting public health and welfare by clearly

 16	authorizing California to adopt its own motor

 17	vehicle emission standards and allowing other states

 18	to adopt identical standards.

 19	Seventeen states and the District of

 20	Columbia have previously exercised their authority

 21	under Section 177 to adopt California motor vehicle

 22	emission standards in lieu of the federal standards.

 23	Together with California they represent over

 24	140 million people and 40 percent of the new

  1	have delivered dramatic air quality and public

               2	health benefits and have made the United States a

  3	leader on clean vehicles worldwide.

                  4	EPA is required to grant California's

               5	waiver request under Section 209 where the agency

  6	has found that the state has a compelling and

              7	extraordinary need for such standards and that its

               8	approach is at least as stringent as the federal

              9	one, so long has California has not been arbitrary

 10	and capricious.	California has fully satisfied

 11	those conditions in all three waiver requests.

 12	The California rules at issue here go

 13	beyond the pollution reductions achievable through

 14	federal requirements because California's NOx

 15	entered standards take effect earlier in time than

 16	the proposed federal requirements, and California's

 17	zero emission vehicle requirements are not found in

 18	federal rules.	There are multiple clean air and

 19	climate drivers for state adoption of California's

 20	Clean Truck requirements encompassed by the waiver

 21	request.

 22	Cleaner trucks are needed to address

 23	longstanding air quality problems in overburdened

 24	communities.	Low income communities and communities

  1	and hubs, ports and warehouses.	These communities

  2	are often disproportionately affected by diesel

  3	exhaust emissions and increased health burdens due

  4	to poor air quality in US cities.	Health and

               5	economic impacts include increases in asthma and

  6	other respiratory illnesses, especially in children

               7	and older adults, leading to additional trips to

  8	emergency rooms, missed days of school and work and

  9	thousands of premature deaths each year.

 10	The NESCAUM states need emission

 11	reductions of nitrogen oxides or NOx from the

 12	California mobile source programs because the New

 13	York City region and all of Connecticut failed to

 14	meet the ozone max.	NOx is the critical precursor

 15	of ozone formation on a regional scale.	On-road

 16	diesel vehicles are the third largest NOx emission

 17	source in the northeast.

 18	On April 13, 2022, EPA proposed

 19	reclassifying the Connecticut, New York, Northern

 20	New Jersey, Long Island 2008 ozone max nonattainment

 21	area from serious to severe nonattainment status.

 22	Also on April 13th EPA proposed reclassifying the

 23	greater Connecticut nonattainment area along with a

 24	number of other population centers in the northeast

  1	ozone max to moderate nonattainment.

  2	Because of the large share of NOx

  3	emissions from on-road trucks in the northeast, the

  4	states will be hard pressed to attain healthy air

                5	quality levels without deep NOx reductions from

               6	these emission sources in combination with other

  7	state and federal measures.	Implementation of

  8	California's mobile source programs are also a core

  9	part of NESCAUM's state plans to cut transportation

 10	emissions to achieve their science-based targets to

 11	reduce greenhouse gas emissions by 80 percent by

 12	2050 and to meet aggressive near-term targets.

 13	Recognizing the critical need for

 14	additional medium and heavy-duty vehicle emission

 15	reduction, 17 states and DC have committed, through

 16	the multi-state medium and heavy-duty zero emissions

 17	(ZEV) MOU to achieve 30 percent of sales of new,

 18	medium and heavy-duty vehicles and ZEVs sales by

 19	2030 and a hundred percent of sales of ZEVs by no

 20	later than 2050.	State adoption of California's

 21	programs provides the market certainty needed to

 22	drive investments in zero emission technologies and

 23	is a key strategy for states to achieve these goals.

 24	In conclusion NESCAUM requests that EPA

  1	matter of law, science and public health need.

  2	Thank you.

  3	THE MODERATOR:	Thank you for your

  4	comment.	As a reminder if you are speaking today,

  5	you will receive a notification on your screen that

  6	you are being promoted to panelist shortly prior to

  7	your speaking time.	You must click that

  8	notification to be able to unmute and turn on your

  9	camera, if you so choose, when you're called to

 10	testify.

 11	Speakers connected by telephone can

 12	unmute their phones by pressing *6 when called to

 13	testify, and you'll be given that ability when we

 14	call you to testify.

 15	And then as another friendly reminder,

 16	you know, keep your speech clear and slow so we can

 17	give our interpreters and court reporter some

 18	ability to capture your testimony.

 19	All right, our next speaker will be

 20	Yasmine Agelidis.	Please state your name and

 21	affiliation for the record.

 22	MS. AGELIDIS:	Good morning.	My name is

 23	Yasmine Agelidis.	I'm an attorney with Earth

 24	Justice, and I live and work in Los Angeles,

  1	I am testifying today, alongside my

               2	colleagues and allies across the country, to urge

  3	EPA to grant each of the three waivers that

  4	California is seeking for its heavy-duty truck

  5	rules.

                  6	EPA's decision on this issue will have

               7	far-reaching impacts because these standards are

  8	leading manufacturers to put more zero emission

             9	trucks on our nation's roads.	Every one of these

 10	rules is doing more to protect our communities, our

 11	air and our climate pollution, and our climate from

 12	pollution and federal rules and this is, you know,

 13	by design.	For EPA to take any other action than

 14	simply approving all three waivers would have

 15	disastrous consequences for every American.	So my

 16	request is simple.	Please grant each of

 17	California's heavy-duty truck waiver requests.

 18	Pollution from trucks has devastating

 19	life-long consequences.	The freight industry is

 20	poisoning people, and sadly it's only getting worse.

 21	As an example, in Southern California we

 22	experience some of the worst ozone pollution in the

 23	country.	The ports of Los Angeles and Long Beach

 24	handle about 40 percent of all shipping containers

               1	put on the backs of what are almost always diesel

  2	powered class 7 tractor-trailers or trains, and then

  3	they travel across Southern California's highways to

  4	warehouses where the goods are repackaged and

            5	distributed across the country to people's homes.

  6	All the while, a thousand or more of

               7	these heavy-duty trucks are traveling on highways

            8	that are many times just feet from people's homes,

               9	schools, workplaces, grocery stores and churches.

 10	It is unsafe to breath this much pollution in, and

 11	people that live and work near these diesel death

 12	zones are inundated by this diesel pollution every

 13	day.

 14	Rates of asthma, lung disease and cancer

 15	are higher in these communities because they are

 16	being poisoned.	Trucking pollution is as much a

 17	racial justice issue as it is an environmental

 18	justice issue.	The people who live near these

 19	diesel death zones and next to highways, ports and

 20	rail yards are not wealthy and white most times.

 21	These trucks don't run through Beverly Hills.

 22	Instead they crisscross through residential streets

 23	and highways where mostly low-income communities of

 24	color live, thanks to decades old racist zoning

  1	So our communities and our states should

              2	have access to policies and programs that call for

               3	the most stringent pollution reductions possible.

              4	Congress gave California authority to set emission

  5	standards that go above and beyond those set by EPA

              6	so that it can be a leader and push the automobile

               7	and trucking industries to clean up its equipment

  8	even faster than the federal government.

  9	By adopting the Heavy-Duty Low NOx

 10	Omnibus rule with a zero emission advanced clean

 11	truck rule, as well as other clean air rules,

 12	California has been doing just that.	It has been

 13	fulfilling its duty and leading the nation to clean

 14	up air pollution and to manufacture zero emission

 15	trucks.

 16	The Biden administration says that one of

 17	its top priorities is to address environmental

 18	injustice issues, and granting these three waivers

 19	is an essential step that EPA must take to address

 20	the pollution crisis from the freight sector.	On

 21	top of this, approving these rules is all the more

 22	important because, you know, frankly EPA has done so

 23	little to address emissions from trucks and other

 24	freight equipment.

  1	emission trucks, even though this is the only way to

  2	prevent massive harms to communities on the front

  3	lines in the freight industry.	You know, it should

  4	be a no brainer, and we really hope that it is, that

  5	EPA and the Biden administration continue to follow

  6	decades long precedent and approve these waivers,

  7	especially because they will lead to more zero

  8	emission trucks and cleaner air.

  9	Moreover, it's important to note, as

 10	well, that Californians are not the only ones who

 11	stand to benefit from EPA's approval of these

 12	life-preserving rules.	So people across the country

 13	also have a tremendous amount to gain or to lose,

 14	depending on whether EPA chooses to stand up to or

 15	to concede to industry.	So many other states have

 16	already adopted California's Heavy-Duty Low NOx

 17	Omnibus Rule and zero emission advanced Clean Trucks

 18	rule.

 19	So whatever decision the EPA makes will

 20	reverberate across the country.	In fact, EPA's

 21	decision on this matter is going to impact all

 22	communities and needs for zero emission trucks in

 23	the United States.

 24	So in sum, please grant the waivers for

  1	communities can trust that their air is going to be

  2	cleaner, industry can get the signal that zero

  3	emissions is the future and it's happening now, and

  4	California can get back to work on adopting

  5	lifesaving, health-preserving rules that will clean

  6	the air for all of us.	Thank you.

  7	THE MODERATOR:	Thank you for your

  8	comment.	Our next speaker will be Diana Von Vleet.

  9	Please state your name and affiliation for the

 10	record.

 11	MS. VAN VLEET:	Good morning.	I'm

 12	Diana Van Vleet, national director of outreach and

 13	engagement for the American Lung Association's

 14	Healthy Air Campaign.	Today, I'm speaking in strong

 15	support of EPA's granting California's use cleaner

 16	trucks waivers without delay so states can implement

 17	these critical public health policies.	Thank you so

 18	much for holding this public hearing and allowing us

 19	the opportunity to share our feedback on this very

 20	important matter.

 21	You have heard and will hear from many of

 22	my Lung Association colleagues today.	They will

 23	share more information about the specific health

              1	on communities of color and low income communities,

              2	the local health benefits of transitioning to zero

              3	emission transportation, the health impacts we see

  4	on the ground in communities across the country, the

            5	history of California's waiver under the Clean Air

  6	Act and more.

                    7	I will specifically talk about why this

               8	issue is personal to me.	My husband and I live in

  9	Washington, DC and we plan on having children in the

 10	near future.	We live near a major street in DC

 11	where many trucks pass by throughout the day,

 12	spewing lots of dark and pungent exhausts into the

 13	air.	There's some days, especially in winter, when

 14	a truck passes by and you can see the exhaust coming

 15	out of your mouth when you exhale.

 16	Transportation pollution is the dominant

 17	source of both climate pollution and smog forming

 18	NOx.	The trucking sector is the major source of

 19	regional air pollution that threatens health,

 20	despite trucks making out the small percentage of

 21	the on-road vehicle population.	Burning gasoline

 22	and diesel fuel also contributes particulate matter

 23	and volatile organic compounds or VOCs.

  1	risk.	Exposure to air pollution during pregnancy is

  2	strongly associated with premature birth, low birth

  3	rate and still birth.	As someone who has

  4	experienced pregnancy loss, I am terrified of

  5	anything that could harm another pregnancy.	I avoid

  6	heavily traffic streets as much as I can, but living

  7	in the city that isn't always possible.

  8	And I know that there are many more

  9	communities in this country where residents face

 10	even worse pollution from trucks.	For many, myself

 11	included, simply relocating out of the city to an

 12	area with less pollution is not feasible, especially

 13	for those living below the federal poverty level.

 14	Relocation could mean cutting off access to job

 15	opportunities, family or child care.	But it doesn't

 16	have to be this way.

 17	In DC we are eager to see the adoption

 18	and implementation of cleaner trucking rules to

 19	ensure our citizens enjoy the benefit of cleaner

 20	engines and zero emission technologies.	The Lung

 21	Association estimates that DC could experience 1.7

 22	billion in health benefits through the shift to zero

 23	emission technologies.	Furthermore, the Lung

  1	billion in health benefits from this shift.

  2	The Lung Association is committed to

  3	pushing DC and Virginia to act on these rules so

  4	that all of their residents breathe healthier air.

  5	I urge EPA to grant the cleaner trucks waivers

  6	without delay to ensure the air quality, public

  7	health and environmental justice benefits of these

  8	rules.	Thank you so much for your time.

  9	THE MODERATOR:	Thank you for your

 10	comment.	Our next speaker will be Elizabeth Grant.

 11	Please state your name and affiliation for the

 12	record.

 13	MS. BRANDT:	My name is Elizabeth Brandt,

 14	E-L-I-Z-A-B-E-T-H B-R-A-N-D-T.	Hello, and thank you

 15	for listening to my testimony today.	My name is

 16	Elizabeth Brandt.	I'm a social worker and national

 17	field manager for Mom's Clean Air Force.

 18	Mom's Clean Air Force is an organization

 19	of more than one million parents across America who

 20	are taking action against air pollution and climate

 21	change.	I thank this administration for acting

 22	swiftly on a national Clean Trucks plan, but I am

 23	concerned that EPA might not approve California's

  1	other states to create the strongest possible limits

  2	on heavy-duty vehicle pollution and rules to

  3	accelerate the transition to zero emission vehicles.

  4	We need to clean the air as soon as possible.	In

  5	California's authority under the Clean Air Act to

  6	set more stringent emission standards is crucial to

  7	clean the air throughout all of the Section 177

  8	states.

  9	I live in Maryland, and I'm proud that my

 10	state has chosen to protect us from pollution by

 11	setting stricter vehicle emission standards, as

 12	allowed by Section 177 of the Clean Air Act.	In

 13	fact, Maryland is moving toward adopting one of the

 14	waivers on heavy-duty vehicle pollution that is at

 15	issue in this rulemaking.

 16	Last summer, I spent some time in Central

 17	Los Angeles helping my friend Margaret with her

 18	foster baby.	My friend's apartment is across the

 19	street from Interstate 5.	A busy city park with

 20	soccer fields and a senior center is just over the

 21	fence from the freeway.	This is a picture of

 22	environmental injustice.	Just think of what the

 23	soccer players on that field breathe in every day,

                   1	This year Los Angeles ranked as the most

              2	polluted city in America for smog ozone, a ranking

         3	it's earned many times before.	It's also receiving

              4	an F for particle pollution from the American Lung

  5	Association.

                    6	L.A. is an extreme case, but so are the

  7	other seven California cities that round out the

  8	American Lung Association's top ten list of

               9	smoggiest cities.	I applaud California for taking

 10	decisive action to fix this situation.	The state of

 11	California must protect its residents, and these

 12	waivers are just one way in which California is

 13	trying to do so.	The EPA must not stand in the way.

 14	While California represents a very

 15	difficult air quality scenario, cities across

 16	America face the same challenges.	Much of our

 17	affordable housing stock is a stone's throw from a

 18	major highway or truck route.	In my former life as

 19	a social worker for Washington State, I saw this all

 20	the time.	In Seattle high schools, medical clinics,

 21	nursing homes and foster homes all have major truck

 22	routes on I-5.	I'm glad my home state has chosen to

 23	adopt the Advanced Clean Trucks rule.

                   1	EPA must issue these waivers quickly and

  2	in full to deliver on President Biden's climate

  3	environmental justice commitments.	Any delay in

  4	implementation of California's Clean Truck rules

  5	will cause harm to tens of millions of Americans who

  6	live near high traffic corridors, including many

  7	environmental justice communities, and set back

  8	greenhouse gas emissions reductions from the

  9	transportation sector.

 10	The facts are clear.	Exposure to diesel

 11	soot pollution causes asthma, lung disease and

 12	death.	Giving states the option to adopt the

 13	earliest and -- the earliest and strongest possible

 14	clean electric truck standards is necessary to fight

 15	environmental racism and provide relief to freight

 16	corridor communities.

 17	Vehicle manufacturers have the technology

 18	to meet the goals of California's rules, and many

 19	recent analyses have shown that fully zero emission

 20	trucks will be cheaper to purchase and operate than

 21	diesel trucks within the time frame of these

 22	standards.	Truck companies are already investing in

 23	this technology.	Pilot programs across the country

  1	putting in orders.	There is no reason to delay the

  2	implementation of lifesaving cleaner truck

  3	technologies.

  4	With all this said, I want to thank you

  5	for your time and thank you for translating my

  6	words, as well.	And I want to encourage the EPA to

  7	grant all of these waivers in full.	Thank you so

  8	much.

  9	THE MODERATOR:	Thank you for your

 10	comment.	Our next speaker will be Liz Scott.

 11	Please state your name and affiliation for the

 12	record.

 13	MS. SCOTT:	Good morning.	My name is

 14	Liz Scott, and I'm the national director of advocacy

 15	for the American Lung Association's Healthy Air

 16	Campaign.	I strongly support the U.S. Environmental

 17	Protection Agency granting California's cleaner

 18	truck waivers without delay.

 19	Transportation pollution is a leading

 20	cause of both air and climate pollution, and trucks

 21	are the most visibly obvious effectors.	Even though

 22	there are more light-duty vehicles on the road, the

 23	heavy-duty vehicles are the ones that you can

                     1	Allowing California to adopt stronger

  2	standards will lead to extensive health benefits,

  3	not just in the state that has some of the

  4	unhealthiest levels of air pollution, but also

  5	across the country as California sets an example of

  6	what could be achieved.

  7	I recently moved from DC out to Bethesda,

  8	Maryland.	Even though our neighborhood in DC was

                9	much quieter with less traffic than some of the

 10	livelier parts of the city, I was so excited to move

 11	away from being right next to multiple bus stops and

 12	on a road that saw large delivery trucks roll

 13	through on a daily basis.	We did get a reprieve in

 14	some ways.	Instead of walking out our front door

 15	and seeing the plumes of diesel smoke from busses, I

 16	see greenery and nature.	But the damage of

 17	transportation pollution is still ever present.

 18	Our apartment complex backs up against

 19	I-270.	And while I can't see it, I know that the

 20	air I'm breathing is not clean.	In the American

 21	Lung Association's State of the Air 2022 report,

 22	Montgomery County just barely got a passing grade

 23	for ozone pollution.	And the broader metro area

                  1	I'm also from Maryland originally and

  2	have family living in Hartford County, Maryland.	I

  3	always viewed the town where I grew up to be much

  4	less urban than DC or even where I am now.	But

  5	Hartford County, which is at the pinpoint downwind

  6	from the DC metro area, received an F grade for

  7	ozone or smog pollution.

  8	The state of Maryland would benefit

  9	greatly from having the ability to adopt

 10	California's strong truck standards.	According to

 11	the zeroing in on Healthy Air report from the

 12	American Lung Association, a full transition to zero

 13	emission transportation and electricity, including

 14	medium and heavy-duty vehicles, would create

 15	27.8 billion dollars in health benefits, avoid 2,540

 16	deaths, prevent 63,600 asthma attacks and avoid

 17	315,000 missed work days just in Maryland alone.

 18	Nationally, the country could see up to 1.2 trillion

 19	dollars in public health benefits by 2050.

 20	The report also looked at the 500 U.S.

 21	counties with the highest percent populations of

 22	people of color would experience 40 percent of the

 23	total health benefits, despite making up only 16

  1	adopted these stronger standards, we would not only

  2	see health benefits, we would also be making

              3	progress towards reducing contributions to climate

  4	change.

  5	We are in the thick of allergy season

  6	here in Maryland.	As a perpetual allergy sufferer,

  7	seeing that climate change is making allergy seasons

  8	longer and more severe is not welcome news.

                    9	Additionally, Maryland is an absolutely

 10	beautiful state, and my favorite parts of it are

 11	down on the shore.	My family practically lived

 12	there in the summer while growing up.	A couple of

 13	times over the past few years Maryland has

 14	experienced some extreme flooding, which put some of

 15	my favorite places that hold so many happy memories

 16	at risk.

 17	Transitioning to zero emission

 18	transportation is one of the most important steps we

 19	can take to improve local air quality and to address

 20	climate change.	The California rules and the

 21	Advanced Clean Truck standards together will save

 22	thousands of lives and generate billions in public

 23	health benefits, particularly for communities that

  1	I join my colleagues and others in

  2	calling on EPA to grant these waivers immediately so

  3	that California and other states can move forward

  4	with these strong public health rules.	Thank you so

  5	much for your time.

  6	THE MODERATOR:	Thank you for your

  7	comment.	Our next speaker will be Daniel Cohen.

  8	Please state your name and affiliation for the

  9	record.

 10	MR. COHEN:	Daniel Cohen, The Cullen Law

 11	Firm.	I would like to yield our time to other

 12	speakers.	We'll reserve the opportunity to submit

 13	written comments.	And I see that Paul Cullen is the

 14	second speaker designated after me, and he will

 15	yield his time, as well.	Thank you.

 16	THE MODERATOR:	Thank you.	Our next

 17	speaker -- just give me one second.	Our next

 18	speaker will be Andrea Marpillero Colomina.	Please

 19	state your name and affiliation for the record.

 20	MS. MARPILLERO COLOMINA:	I needed a

 21	moment, too.	Can you all hear me?

 22	THE MODERATOR:	Yes, we can.

 23	MS. MARPILLERO COLOMINA:	Good morning.

  1	sustainable communities program director at

               2	GreenLatinos.	GreenLatinos is an active community

              3	of Latino environmental and conservation champions.

  4	We fight against climate change of environmental

  5	degradation and intensifies the systemic social

              6	health and economic injustices in our communities.

                    7	I want to thank this administration for

              8	acting swiftly on Clean Trucks, and I urge the EPA

  9	to approve California's waiver request in full,

 10	allowing the state to create the strongest possible

 11	limits on heavy-duty vehicle pollution and rules to

 12	accelerate the transition to zero emissions

 13	vehicles.

 14	We all know the facts here.	We are

 15	facing a climate emergency.	We need to clean the

 16	air as soon as possible.	And California's authority

 17	under the Clean Air Act to set more stringent

 18	emissions standards is crucial to cleaning the air

 19	throughout all Section 177 states.

 20	Vehicle manufacturers have the technology

 21	to meet the goals of California's rules, and many

 22	recent analyses have shown that fully zero emission

 23	trucks will be cheaper to purchase and operate than

  1	The EPA must issue these waivers quickly

  2	and in full to deliver on President Biden's

  3	commitment to the authority of states to protect

                4	their vulnerable populations and to address the

  5	climate crisis.

  6	Any delay in implementation of

  7	California's Clean Trucks rules will cause harm to

                8	the tens of millions of Americans who live near

  9	high-traffic corridors, including many environmental

 10	justice communities, and it will set back greenhouse

 11	gas emission reductions from the transportation

 12	sector.

 13	The EPA's potential denial of the

 14	California waiver requests represent a serious

 15	attack on the health and well being of front line

 16	communities.	Diesel trucks are so dangerous to

 17	public health that areas with heavy truck traffic

 18	are called diesel death zones, because the exposure

 19	to diesel soot pollution causes asthma, lung disease

 20	and death.

 21	Passing stronger zero emission truck

 22	standards and cleaning up our air is a necessary

 23	step in addressing the effects of environmental

  1	Smog and soot air pollution caused by

              2	trucks and busses are among the greatest threats to

  3	public health for more than 45 million people in the

  4	United States who live within 300 feet of a major

  5	roadway or transportation facility.

  6	Fundamentally, this is an environmental

  7	justice and public health issue.	There is an urgent

  8	need to create and support the implementation of

  9	stringent heavy-duty vehicle standards to mitigate

 10	emissions impasse in Latino and other

 11	disproportionately impacted communities.

 12	Just a snippet of data illustrates a dire

 13	reality.	A nationwide study found that Latino

 14	children are three times more likely than

 15	non-Hispanic white children to live in counties

 16	where air quality standards are exceeded, and nearly

 17	a third of Latino children live in counties where

 18	the hazardous air pollutant concentrations exceed a

 19	1 in 10,000 cancer risk level.	Latino children are

 20	twice as likely to visit the emergency room for

 21	asthma, and they are twice as likely to die from

 22	asthma as their white counterparts.

 23	A delay in implementing clean trucks and

  1	impacts of environmental racism, redlining and

                 2	generations of marginalization that make them

  3	vulnerable to pollution from trucks.

                      4	The disproportionate impact of air

              5	pollution is the clearest example of environmental

  6	racism in our country.	Disadvantaged communities

              7	would benefit most from a mass move to electrified

  8	transportation, not just for the health benefits,

  9	but economically, as well, with a higher proportion

 10	of job growth and larger per capita economic gains

 11	compared to the rest of the state's population.

 12	For more than 50 years U.S. states have

 13	had the explicit right oriented under the Clean Air

 14	Act to protect their residents' health by choosing

 15	Clean Truck standards that are safer than the

 16	federal standards.

 17	The urgency here is crystal clear.

 18	Unlike the air people living in our communities

 19	currently breathe, I urge --

 20	THE MODERATOR:	Thank you for your

 21	comment, and I apologize for interrupting.	EPA

 22	needs to keep these statements to five minutes.	I

 23	realize the timer was a little off, so fault me

  1	thank you very much.	Our lives literally depend on

  2	it.	Thank you.

  3	THE MODERATOR:	Thank you.	Our next

  4	speaker will be Paul Cullen, but I can't find you in

  5	our list of attendees.	Can you please raise your

  6	hand if you've joined under another name?	There's a

  7	hand raise button at the bottom of your screen.

  8	KARL SIMON:	Jesse, I thought Paul was

  9	going to yield his time from Dan's comment.

 10	THE MODERATOR:	I think that was -- my

 11	understanding was that that was just Daniel, but we

 12	will hear in a second.

 13	MR. COHEN:	I'm sorry, Dan Cohen again.

 14	Yes, I did yield Paul Cullen's time, as well.

 15	THE MODERATOR:	Thank you for clarifying.

 16	MR. COHEN:	Thank you.

 17	THE MODERATOR:	All right, our next

 18	speaker will be Elizabeth Cerceo.	You should see an

 19	invitation on your screen.	Please go ahead and

 20	accept that.	Thank you.

 21	MS. CERCEO:	Hello, can you hear me?

 22	THE MODERATOR:	Yes, we can.

  1	I'm testifying in my individual capacity and not on

  2	behalf of my employer in support of California's

  3	authority to enforce critical truck emission

  4	standards, including the Advanced Clean Trucks and

  5	Heavy-Duty Omnibus rules.	I also speak as the

  6	(inaudible) for the American College of Physicians

  7	in New Jersey, as well as Clinicians for Climate

  8	Action New Jersey.

  9	As a doctor and a mother of six it's of

 10	the utmost importance to me that our communities,

 11	especially our vulnerable, underserved and

 12	environmental justice communities are protected

 13	against the cumulative impacts of pollution and

 14	toxicity.

 15	I have seen firsthand the impacts of air

 16	pollution on my patients with recurring admissions

 17	for emphysema, bronchitis, lung cancer, all in

 18	patients with no smoking history.	My apologies, I'm

 19	trying to get that video started, but it doesn't

 20	seem to be working.

 21	That's my -- the focus of my remarks

 22	today will be primarily on health and why it's so

  1	In New Jersey mobile sources are not only

  2	a serious climate concern, but they are also a major

  3	source of fine particulate matter air pollution.	In

  4	fact, New Jersey has one of the highest

  5	concentrations of PM 2.5 in the U.S.

  6	In 2017 data showed that mobile sources

  7	contributed 71 percent of nitrogen oxides and 27

  8	percent of PM 2.5 statewide.	Trucks are a primary

               9	culprit when it comes to this local air pollution

 10	due to their reliance on combusting diesel fuel.

 11	In New Jersey we're fortunate to follow

 12	California's more stringent emission regulations and

 13	at the end of last year adopted the Advanced Clean

 14	Trucks rule.	From a health standpoint I cannot

 15	stress how important it is that we be able to

 16	enforce this rule without delay.	The transition

 17	away from polluting trucks must reflect the urgency

 18	of the health crisis to which they contribute.

 19	It's well documented in the health and

 20	scientific literature, as well as by the numerous

 21	speakers on this meeting, that these pollutants are

 22	linked to respiratory, cardiovascular disease such

  1	and a new study demonstrates that more than 20,000

  2	people die prematurely every year as a result of the

  3	health burden from vehicle pollution on U.S. roads,

  4	demonstrating the severity on this sector of human

  5	health.

  6	There was a study published in Nature

  7	Aging that I was just recently reading demonstrating

  8	the short-term exposure to polluted air, even at

  9	levels generally considered acceptable, can impair

 10	mental ability in the elderly.	Thus, these impacts

 11	are far reaching.

 12	What's more, the pollution impacts from

 13	mobile sources are deeply inequitable.	The

 14	communities most burdened by truck pollution are

 15	predominantly communities of color and low-income

 16	communities.

 17	The recent report by the Union of

 18	Concerned Scientists that confirmed that Asian

 19	Americans, African-Americans and Latino residents

 20	from across the country are exposed to 34 percent,

 21	24 percent and 23 percent more PM 2.5 respectively

 22	from cars, trucks and busses than the national

              1	hospitalization rates highest in poor communities,

  2	including Cumberland, Camden and Essex County.

              3	About one in three children in Newark have asthma,

  4	which is a rate three times higher than the national

               5	average.	And those children are hospitalized for

  6	asthma at a rate 30 times higher the national rate.

                    7	In 2019 two children in Newark died of

  8	acute exacerbations of chronic asthma.	All this

               9	should be sounding alarm bells.	Things should not

 10	and do not have to be this way.

 11	The proposed regulations for which

 12	California has submitted waivers are feasible,

 13	economic and represent a timely means of achieving

 14	necessary reductions in air pollution and improving

 15	public health, especially for our most vulnerable

 16	residents.

 17	I hope to see EPA and the states go even

 18	further by taking the lead from environmental

 19	justice communities as to what they would like to

 20	see in this space, especially in terms of achieving

 21	mandatory emissions reductions in particular

 22	communities above and beyond what the ACT and the

              1	as the residents in all the other states that have

  2	already adopted these crucial truck regulations.

                    3	Electric trucks are here and ready, but

  4	without these regulations the market is not going to

               5	move fast enough and communities will continue to

  6	breathe deeply health damaging air.	One in five

  7	premature deaths are attributable to air pollution,

              8	and every day that passes, more and more Americans

  9	are breathing in more particulate matter, more

 10	ozone, more nitrogen dioxide.

 11	Please do not be swayed by large

 12	corporations and the fossil fuel industry.	I have

 13	taken an oath to do no harm to my patients, and

 14	those entrusted with protecting the environment have

 15	similar responsibilities and honors.	Thank you very

 16	much for your time and consideration this morning.

 17	THE MODERATOR:	Thank you for your

 18	comment.	As a friendly reminder, please speak

 19	slowly and clearly so the court reporter and

 20	interpreters can accurately capture your testimony,

 21	just a little bit slower than you think you need to

 22	speak.	Really, really appreciate it.	Thank you.

  1	MS. BECHARD:	Good morning, y'all.	Thank

  2	you for the opportunity to testify.	My name is

  3	Elizabeth Bechard.	My pronouns are she and her, and

  4	I'm a senior policy analyst at Mom's Clean Air

  5	Force, a graduate student in public health and the

  6	mother of two young children.

  7	I'm here today to thank this

  8	administration for acting quickly to clean up truck

  9	pollution, but urge EPA to approve California's

 10	waiver request in full.	This will allow the state

 11	to create the strongest possible limits on

 12	heavy-duty vehicle pollution and rules to accelerate

 13	the transition to zero emissions vehicles.

 14	We are at a critical moment in the

 15	climate crisis, and we need to clear the air and

 16	reduce greenhouse gas emissions as soon as possible,

 17	preserving California's authority under the Clean

 18	Air Act to set more stringent emissions standards as

 19	a climate and public health opportunity that we

 20	cannot afford to get wrong.

  1	Tens of millions of Americans live in

  2	high traffic areas where communities breathe

  3	polluted air that affects their respiratory,

  4	cardiovascular and mental health on a daily basis.

  5	This dirty air is so dangerous that areas with heavy

  6	truck traffic are called diesel death zones, as

  7	several of my colleagues have named this morning

  8	already, because diesel soot pollution contributes

  9	to asthma, chronic lung disease and premature

 10	deaths.	No child should have to live in an area

 11	nicknamed a death zone.

 12	Children in environmental justice

 13	communities will also bear the brunt of the health

 14	impacts of climate change, including the physical

 15	and mental trauma from exposure to extreme weather

 16	conditions like wildfires, hurricanes and extreme

 17	heat.	Any delay in implementing California's Clean

 18	Truck rules will set back greenhouse gas emissions

 19	reduction from the transportation sector at a

 20	critical moment in the climate movement when we

              1	including the news that is probably dropping right

  2	this very moment, reminds us that we are all

               3	connected.	What we do about climate change in the

               4	United States will affect the entire planet.	And

  5	what one state does about climate change can affect

  6	every other state.

                 7	So California's authority to set strong

               8	truck pollution standards benefits all of us.	So

            9	it's absolutely critical that the EPA issues these

             10	waivers quickly and in full to deliver on President

 11	Biden's commitment to the authority of states to

 12	protect their vulnerable populations and address the

 13	climate crisis.

 14	For over 50 years U.S. states have had

 15	the explicit right granted under the Clean Air Act

 16	to protect their residents' health by choosing clean

 17	truck standards that are safer than the federal

 18	standards.	And currently six states, which

 19	represent more than 20 percent of the medium and

             20	heavy-duty truck market, have committed to adopting
                                       
  1	Carolina, are working on adoption.	States want

  2	clean air and climate action.	Parents, children,

  3	humans across the country want clean air and climate

  4	action, and allowing states to set strong truck

  5	pollution standards is critical to our health, to

  6	our future and to the administration's commitment to

  7	environmental justice.

  8	In conclusion, as a citizen and as a

  9	mother, I urge this administration to approve the

 10	waivers in full to grant California the authority to

 11	create lifesaving rules and reduce deadly truck

 12	pollution and to accelerate the transition to zero

 13	emission electric trucks and buses.	Thank you for

 14	the opportunity to testify.

 15	THE MODERATOR:	Thank you for your

 16	comment.	Our next speaker will be Melody Reis.

 17	Please state your name and affiliation for the

 18	record.

 19	MS. REIS:	Hi, my name is Melody Reis.	I

 20	am the senior legislative manager for Mom's Clean

  1	climate change.	We believe that everyone has the

  2	right to breathe clean air.

  3	The heavy-duty vehicles that California

  4	seeks to regulate are a primary source of toxic

  5	tailpipe emissions, including nitrogen oxides, brown

  6	level ozone and particulate matter.	These

  7	pollutants affect the health of children and

  8	families, harming developing lungs, increasing the

  9	risk of bronchitis, asthma, respiratory infections

 10	and even heart disease and cancer.

 11	Communities most affected by these

 12	dangerous pollutants, neighborhoods located near

 13	ports and shipping hubs, have been referred to as

 14	asthma alleys and diesel death zones due to the

 15	serious health effects suffered by residents.

 16	Unsurprisingly, these communities have

 17	historically housed low-income families and people

 18	of color, making this a clear example of

 19	environmental injustice.

 20	Moreover, though heavy-duty vehicles make

              1	fund, emissions from trucks are the fastest growing

              2	source of greenhouse gases, and significant growth

  3	in truck miles traveled is predicted over the coming

  4	decades.	Fortunately, we have readily available

  5	technologies that would cut harmful emissions,

              6	reduce climate impacts and improve health outcomes.

              7	Cleaner vehicles are here and states are demanding

  8	them.

  9	This administration has praised

 10	California for its leadership in reducing pollution

 11	from cars and trucks and has expressed its

 12	commitment to addressing both environmental justice

 13	and climate change.

 14	The time to act is now.	With communities

 15	suffering from poor air quality and with worsening

 16	climate outcomes, including drought, extreme heat

 17	and wildfires, we simply cannot delay.	States must

 18	have the ability to enact strong emission standards.

 19	I urge this administration to approve the waivers in

 20	full, and thank you again for the opportunity to

              1	Shortly prior to your speaking time you must click

              2	to accept that invitation to be able to unmute when

  3	you are called to testify.	This will also allow you

  4	to turn on your camera, which we encourage you to do

  5	if you feel comfortable doing so.	Speakers

  6	connected by telephone should unmute their phones by

  7	pressing *6 when they are called to testify.

                   8	And as another friendly reminder, please

              9	speak slowly and clearly for our court reporter and

 10	interpreters, slower and clearer than you think that

 11	you need to do when you're reading a script.	They

 12	would really appreciate that.

 13	And for the -- we're about to move into

 14	our second speaker block, so I'm going to pass over

 15	the moderation duties to my colleague, Kayla

 16	Steinberg, who will introduce the first speaker of

 17	this panel.

 18	THE MODERATOR:	Hello.	Our next speaker

 19	will be Doug O'Malley.	Please state your name and

 20	affiliation for the record.

  1	I use he, him, pronouns.	I'm here this morning

  2	because -- so many reasons.

  3	But let me start off just by thanking the

  4	EPA for holding this hearing and for so many of our

  5	colleagues across New Jersey and across the country

  6	for joining this hearing.	I couldn't think of a

  7	more important thing to be doing on an essentially

  8	an ozone alert day in New Jersey.

  9	And that's why we're here, because this

 10	is an opportunity for our communities to testify, to

 11	encourage, to urge, cajole EPA to fully grant

 12	California's waiver request for advanced clean

 13	trucks, zero emission airport shuttles and zero

 14	emission power train certification regulations.	The

 15	Omnibus Regulations/no NOx Regulations and the

 16	heavy-duty emissions warranty regulations.

 17	I am keenly aware of the dire need to

 18	reduce air pollution from trucks, and the EPA must

 19	approve California's waiver request to enable state

 20	standards that are key drivers in advancing the

  1	Cooper, who talked about some of the health reasons

  2	and impacts.	And I just wanted to kind of

  3	reemphasize what that actually means, because

  4	Elizabeth referenced the American Lung Association's

  5	State of the State report.	We have eight counties

  6	that received an F for air quality, and that's an

  7	improvement.	Usually it's a little higher than

  8	that.	Usually it's 10 or 11.	We have counties that

  9	don't have records or we don't have monitors.	But

 10	what we do know is that research has quantified the

 11	total interstate gas from transportation air

 12	pollution, not just New Jersey, but in 12 states.

 13	And this was researching around for research

 14	letters.

 15	It showed that New Jersey had more than

 16	1,100 premature gas from vehicle emissions.	This is

 17	huge because -- this is not rhetoric, when we say

 18	that air pollution from our trucks is killing us.

 19	And I think it's important to understand that these

 20	air pollutants, they impact all of us, but they

  1	ripped through their communities.

  2	So this is a public health crisis that

  3	has been compounded during this pandemic, and sadly

  4	the Harvard School of Public Health research clearly

  5	showed that COVID transmission was highest in

  6	communities that had the highest level of

  7	particulate pollution.	That is an air pollution

  8	crisis and one that we need to solve by taking

  9	stronger measures.	And I'm proud to say that New

 10	Jersey has taken those stronger measures by adopting

 11	the Advanced Clean Truck Rule.

 12	And I just want to talk about why that's

 13	so important, because trucks really are -- they are

 14	a small part of the vehicle population on the road,

 15	about five percent, but they have an oversized

 16	impact on the amount of NOx and SOx that are being

 17	directly admitted.	And specifically, you know,

 18	those pollutants, you know, they -- they are -- and

 19	sadly omnipresent in many of our communities and

 20	especially on ozone alert days, that's even more

  1	by those deaths, but this is a reminder that asthma

  2	really is the epidemic that doesn't get talked about

                3	enough.	We have more than 600,000 people in New

               4	Jersey that suffer from asthma.	I have two young

  5	kids, thankfully they don't suffer from asthma, but

               6	I certainly know many parents with kids that do.

                    7	And when you have an asthma attack, it

  8	feels like drowning.	And that's ultimately why

  9	New Jersey has spent so much time and money and work

              10	to adopt Advanced Clean Truck Regulations.	We are

 11	spending money right now to electrify our truck

 12	fleet from the Regional Greenhouse Gas Initiative

              13	programs.	We have programs through the New Jersey

             14	Economic Development Authority, called the NJ ZIP,

 15	to get electric vehicles on the road.

 16	Our board of public utilities is working

             17	to provide more electrification opportunities, but

 18	all of this comes with the hammer that is the

 19	Advanced Clean Truck Rule.	We know the industry is

              20	against these rules.	They lobbied against it.	We
                                       
  1	announce our intention to adopt these rules, and we

  2	have a multitude of others that joined us at the end

  3	of 2021.

  4	That's a big win, but that's only because

  5	we're able to adopt the California regs.	I'm

  6	obviously focusing on Advanced Clean Truck.	There

  7	are many others that are hugely important.

  8	California --

  9	THE MODERATOR:	Thank you for your

 10	comment, and I apologize for interrupting, but EPA

 11	needs to keep the statements to five minutes --

 12	MR. O'MALLEY:	Sure.

 13	THE MODERATOR:	-- so that everyone has a

 14	chance to testify.

 15	MR. O'MALLEY:	Yeah, so let me finish the

 16	last sentence.	California is the king of the

 17	highway.	New Jersey is a close second.	That's why

 18	we need states like New Jersey to be able to adopt

 19	California air regs, and we encourage this action.

 20	Thank you so much.

  1	testimony.

  2	MS. DYNOWSKI:	I'm sorry about that.	I'm

  3	Sam -- Samantha Dynowski, the state director of the

  4	Sierra Club's Connecticut Chapter.	And on behalf of

  5	the Sierra Club Connecticut Chapter and our more

  6	than 40,000 members and supporters in Connecticut,

  7	thank you for the opportunity to provide comments

  8	today.

  9	California's strong emission standards

 10	are critical to improved air quality in Connecticut.

 11	The Sierra Club Connecticut Chapter urges the EPA to

 12	approve California's waiver request swiftly and in

 13	full.

 14	Transportation pollution in Connecticut

 15	is a serious problem for public health,

 16	environmental justice and our climate.	In New

 17	England, Connecticut has the dirtiest air and had

 18	the highest number of unhealthy air days reported in

 19	2021.

 20	The transportation sector accounts for

  1	earned failing grades for ozone pollution.	The

  2	other four counties received Ds and Cs.

  3	The public health impact of pollution

              4	from transportation is felt throughout Connecticut

  5	but is disproportionately experienced by communities

  6	of color and low-income communities who are more

              7	likely to live in places with more exposure to air

  8	pollution, such as long highways, in the industrial

  9	areas and ports.

 10	In Connecticut a 2015 analysis found that

 11	approximately one in ten middle and high school

 12	students statewide reported an episode of asthma or

 13	an asthma attack in the past year, with the highest

 14	prevalence among non-Hispanic Black students.

 15	While medium and heavy-duty vehicles are

 16	only six percent of vehicles on the road in

 17	Connecticut, they met 25 percent of the greenhouse

 18	gas emissions, 53 percent of the NOx emissions and

 19	45 percent of the PM emissions.

 20	In an assessment of Connecticut's need to

  1	benefits by adopting California's standards.

  2	These include a carbon emissions

  3	reduction of over 350,000 tons per year, 270 million

  4	dollars in avoided health care costs over the period

  5	of 2020 to 2024 and as much as 1.4 billion by 2050

  6	from NOx and PM emission reductions.

  7	In 2022 the Connecticut general assembly

  8	passed Public Act 22-25 requiring the Connecticut

  9	Department of Energy and Environmental Protection to

 10	adopt California's medium and heavy-duty regulations

 11	to realize these benefits in full.

 12	For these reasons, we urge the EPA to

 13	approve California's waiver request swiftly and in

 14	full.	Thank you again for the opportunity to

 15	comment.

 16	THE MODERATOR:	Thank you for your

 17	comment.	Our next speaker will be Kevin Garcia.

 18	Please state your name and affiliation for the

 19	record.

  1	and is a non-profit 501(c)3 citywide membership

  2	network linking grassroots organizations from

  3	low-income communities of color and the struggle for

  4	environmental justice.

  5	I am here today to testify in support of

  6	California's waiver request being granted.	Failure

  7	to grant California's waiver request will have a

  8	ripple effect on other states to implement policies

  9	necessary to meet climate targets, especially New

 10	York State.

 11	In 2019, in response to New York's

 12	grassroots demand for a cleaner and more equitable

 13	energy system, New York lawmakers passed the most

 14	ambitious state climate law in the nation.	The New

 15	York State Climate Leadership and Community

 16	Protection Act, or the CLCPA.

 17	The CLCPA calls for the state to reduce

 18	greenhouse gas emissions from all anthropogenic

 19	sources by 85 percent from 1990 levels by the year

  1	risen by 16 percent since 1990 and are projected to

  2	continue to rise.	Much of the increase comes from

  3	diesel trucks and buses which have an outside

  4	contribution to emissions, despite representing a

  5	tiny fraction of the overall vehicle fleet.

  6	However, the equity and health impact of

  7	these emissions could not be more clear.	It is

  8	known that diesel trucks are a major source of local

  9	air pollution, and due to the citing of highways,

 10	warehouse facilities and truck routes, low-income

 11	communities and communities of color in New York

 12	City are disproportionately impacted by poor air

 13	quality.

 14	A study found significant disparities in

 15	urban areas in exposure to NO2, an ozone precursor

 16	for communities of color and low-income communities,

 17	and concluded that diesel truck is the dominant

 18	source of nitrogen dioxide disparities and that a

 19	62 percent reduction in diesel emissions would

 20	decrease race, ethnicity and income inequalities by

  1	a critical first step in jump starting the

  2	transition from highly polluting diesel trucks to

  3	zero emission electric trucks.	And according to the

  4	New York State DEC, adoption to California's ACT

  5	regulation is expected to significantly reduce NOx,

  6	PM 2.5 and greenhouse gas emissions, as internal

  7	combustion engine vehicles will be replaced with

  8	zero emission vehicles.

  9	Zero emission vehicles also produce no

 10	TEMPO emissions, reduce particulate matter emissions

 11	from brake wear and have lower upshoot emissions.

 12	DC also -- I'm sorry, the New York state DEC also

 13	estimates that from 2025 to 2040, the ACT would

 14	eliminate 18,000 tons of NOx, 250 tons of PM 2.5 and

 15	17 million metric tons of carbon dioxide, which will

 16	yield billions in net benefits or reduce emissions

 17	and cost savings.

 18	So by not adopting the ACT rule, this

 19	will have impact on New York State's ability to

 20	achieve air quality standards and its climate change

  1	fully grant California's waiver request for states

  2	like New York to address compelling and

  3	extraordinary air quality issues.	Without this

  4	grant waiver New York and other states will not be

  5	able to achieve their climate targets.	New Yorkers

  6	living in environmental justice communities

  7	throughout this state are counting on the state to

  8	phase out these dirty diesel trucks that are

               9	wreaking havoc on their health.	And the ACT rule

 10	and other Clean Truck rules are lifesaving

 11	regulations that must be implemented immediately.

 12	Thank you so much again for your time.

 13	THE MODERATOR:	Thank you for your

 14	comment.	Our next speaker will be Christina Cross,

 15	but I can't find you in the list of attendees.	Can

 16	you please raise your hand if you've joined under a

 17	different name or if you joined by phone, if you

 18	select to *9 to raise your hand.

 19	Okay, well I don't see a hand so in that

 20	case, we will move on to Ann Baskerville.	Please

              1	the largest inland port in North America, and I am

  2	concerned that because there is no time to delay

              3	when it comes to reducing deadly diesel pollution.

  4	Since the construction of the BNSF and

  5	Union Pacific Rail intermodels in Will County, my

              6	community has seen thousands of acres of land paved

              7	over through warehouse and distribution centers and

  8	tens of thousands of polluting diesel semitrucks

  9	driving through communities.

 10	Many residential roads that people use to

 11	get to work, to school, those have become de facto

 12	truck routes.	And especially whenever there's a

             13	backup on the interstate, local roads are inundated

 14	with these semis that are just trying to get to

 15	where they're trying to go.

 16	I have personally done diesel particulate

 17	matter 2.5 monitoring on sidewalks along these roads

             18	and recorded unhealthy levels of diesel particulate

 19	matter pollution.	The BNSF intermodal was built

 20	over 15 years ago, and yet our communities have seen

  1	drastic increase in semitruck traffic near

  2	intermodals and warehouse developments.	If you

  3	stand on many sidewalks in parks in Joliet, you will

  4	see and smell hundreds of semis driving past you

  5	within a few minutes.

  6	I would echo the comments by the previous

  7	speaker from Earth Justice regarding the fact that

  8	this is both an environmental justice and racial

  9	justice issue.	The people living near the rail

 10	yards, truck routes and warehouses in Joliet are

 11	often low income in communities of color.

 12	I urge the EPA to grant the Clean Truck

 13	waivers.	I am very concerned that any delay with

 14	the California waivers will have cascading impacts

 15	and that the reality for people like me and my

 16	community will be that diesel pollution continues to

 17	increase for years or even decades.	Thank you.

 18	THE MODERATOR:	Thank you for your

 19	comment.	As a reminder, if you are speaking today,

 20	you will receive a notification on your screen that

  1	connected by telephone should unmute their phones by

  2	pressing *6 when called to testify.

  3	Our next speaker will be Jiyoon Chon.

  4	Please state your name and affiliation for the

  5	record.

  6	MS. CHON:	Hello, can you hear me?

  7	THE MODERATOR:	Yes, we can hear you.

  8	MS. CHON:	Okay.	Hi, my name is

  9	Jiyoon Chon.	I'm a recent graduate from Tufts

 10	University in Boston, and I'm currently working with

 11	the clean transportation team, the Sierra Club

 12	Massachusetts chapter.

 13	First, thank you so much for the

 14	opportunity to testify, and I would like to also

 15	thank this administration for acting swiftly on

 16	Clean Trucks.	But I also want to urge the EPA to

 17	approve California's waiver request in full,

 18	allowing the state to create the strongest possible

 19	limits on heavy-duty vehicle pollution and rules to

 20	accelerate a transition to zero emission vehicles.

  1	Washington, both of which are Section 177 states

  2	that have adopted California's Advanced Clean Trucks

  3	and Heavy-Duty Low NOx Omnibus Rules.

  4	Vehicle emissions are the largest

  5	contributor of greenhouse gas emissions and air

  6	pollution in both Washington and Massachusetts.	And

  7	so California's authority under the Clean Air Act to

  8	set more stringent emission standards are really

  9	crucial to cleaning the air in both of these states.

 10	Climate change impacts for greenhouse gas emissions

 11	are already being felt.	For example, Washington

 12	State experienced an unprecedented heat wave in the

 13	summer of 2021, just last year, when temperature --

 14	sorry, can you still hear me?

 15	THE MODERATOR:	Yes, we can hear you now.

 16	MS. CHON:	Okay.	Washington State

 17	experienced an unprecedented heat wave in the summer

 18	of 2021, when temperatures reached an all time

 19	record of 108 degrees.	Most zones in Washington

 20	State are not equipped with air conditioning, and

  1	Curbing greenhouse gas emissions by

  2	setting stringent vehicle emissions and electric

               3	truck standards is really a crucial first step in

  4	preventing climate-related catastrophes.	And in

  5	Massachusetts I've been working with the Sierra Club

  6	to advocate for zero emission vehicles and clean

  7	transportation for all.

  8	Curbing vehicle emissions is particularly

  9	important in Massachusetts because there are a

 10	number of environmental justice communities and --

 11	environmental justice and communities of color, like

 12	Chelsea, Springfield and Boston, that are already

 13	experiencing disproportionate levels of air

 14	pollution.

 15	Residents of these communities are

 16	exposed to a higher level of traffic emissions from

 17	highways running through these communities and as

 18	others have mentioned, diesel trucks are especially

 19	dangerous to public health because the exposure to

  1	California's ACT and HDO rules are necessary to

  2	protect these communities and is a necessary step in

  3	addressing the effects of environmental racism in

  4	Massachusetts and in other states like others have

  5	mentioned.

  6	Once again, I urge the administration to

  7	approve the waivers in full to grant California the

  8	authority to create lifesaving rules, to reduce

  9	deadly NOx pollution and to accelerate the

 10	transition to zero emission electric trucks and

 11	buses.

 12	Thank you so much for the opportunity to

 13	testify.

 14	THE MODERATOR:	Thank you for your

 15	comment.	Our next speaker will be Matt Scherr.

 16	Please state your name and affiliation for the

 17	record.

 18	MR. SCHERR:	Hi there, just a sound

 19	check.	Can you hear me?

  1	advocating for climate action.	Eagle County, by the

  2	way, is where Vail, the international ski resort is

  3	located, in case you're looking for it on a map.

  4	And, of course, I mention that because the effects

  5	of climate change have already been dramatically

  6	impacting both our environment and our economy that

  7	depends on that environment.

  8	Here in the Rocky Mountains we see the

  9	effects of climate change happening faster than

 10	scientists have predicted.	Our regional average

 11	temperature is already above that infamous global

 12	threshold of one and a half degrees celsius.

 13	Now here we say you come to the mountains

 14	for the winters, but you stay for the summers.	But

 15	interestingly, our most immediate climate impact

 16	isn't loss of snow and precipitation, though that is

 17	absolutely happening and is absolutely a problem.

 18	Wildfires were once a rare summer event; now they

 19	occur every time of year.	A fire chief here

 20	recently had said, "We don't have fire season

  1	communities like mine are devastating local

  2	governments.	Our county emergency management

  3	department has grown from three people to six in the

  4	past three years.	And here in John Denver's iconic

  5	naturally beautiful Colorado, my neighbors on the

  6	front range of the Rocky Mountains in the Denver

  7	metro area experience some of the worst air quality

  8	in the country, sometimes in the world.

  9	We need the strongest possible state and

 10	federal regulation to secure Colorado's economy,

 11	promote the health of our constituents and ensure

 12	prosperity for ourselves and our posterity.

 13	And so I'm here with you today because in

 14	Colorado our number one source of greenhouse gas is

 15	transportation.	We need your help in addressing

 16	climate impacts from this sector.	The EPA's

 17	decisions on preemption of waivers regarding Clean

 18	Trucks and other transportation emission standards

 19	is of utmost importance to community leaders across

 20	Colorado.	Colorado's medium and heavy-duty truck

  1	for 22 percent of our state's greenhouse gas

  2	emissions.

  3	The impacts of this affect every citizen

  4	in Colorado and disproportionately our low-income

  5	community members, who live closer to the sources of

  6	the pollution.	Our state has been working hard for

  7	several years on this issue, and we're poised to

  8	make the transition to Clean Trucks.	We have

  9	dedicated funding and have developed a comprehensive

 10	plan that strategically compliments and prepares the

 11	way for the adoption of the same standards as

 12	California.	But without EPA's support of these

 13	rules, there is no way we can meet our emissions

 14	goals to avert the worst impacts of climate change

 15	and, by the way, create the economy we want for

 16	ourselves, not what industry wants.

 17	State leaders in Colorado are doing all

 18	we can to transition these truck fleets to low

 19	emission alternative vehicles.	However, without

 20	authority from EPA, the rules we are working on

  1	creating solutions.	We rely on the EPA upholding

  2	our ability to implement all our transportation

  3	emissions reduction standards.

  4	Thank you for your time and this

  5	opportunity to share my thoughts on behalf of our

  6	Rocky Mountain constituents.

  7	THE MODERATOR:	Thank you for your

  8	comment.	Our next speaker will be Bill Magavern.

  9	Please state your name and affiliation for the

 10	record.

 11	MR. MAGAVERN:	Good morning.	My name is

 12	Bill Magavern.	I'm policy director with the

 13	Coalition for Clean Air.	We're a California

 14	non-profit.	Our mission is to improve air quality,

 15	protect public health and prevent climate change.

 16	I always look forward to the summer.	And

 17	summer in California can be glorious, but

 18	unfortunately because of air pollution, summertime

 19	also means a very serious, unhealthy smog problem

 20	for California.	And in recent years we've also been

  1	Advanced Clean Truck, zero emission airport shuttle

  2	and heavy-duty emission warranty rules and urge --

  3	we urge you to approve these without delay.	We are

  4	very familiar with these rules.

  5	We supported all of them.	As they were

  6	going through the process in California, I

  7	personally participated in the extensive public

  8	processes for all of these rules, and I can attest

  9	that they are grounded in strong science and are

 10	well targeted to reduce the pollution that is

 11	causing both bad air quality and climate change.

 12	In fact, diesel trucks are California's

 13	biggest polluter, with a disproportionate impact on

 14	low-income communities of color.	Because of this,

 15	anything less than a full and prompt approval of

 16	these waivers would be a stain on the record of an

 17	EPA that has positions concern about air quality,

 18	climate change, public health and environmental

 19	justice.

  1	cleaner technology, help all Californians and many

  2	in the other states that will adopt them to breathe

  3	easier.	Thank you for your time this morning.

  4	THE MODERATOR:	Thank you for your

  5	comment.	Our next speaker will be Rasto Brezny.

  6	Please state your name and affiliation for the

  7	record.

  8	MR. BREZNY:	Thank you for this

  9	opportunity to provide supportive comments for

 10	granting these waivers to allow the California Air

 11	Resources Board to enforce its truck regulations.

 12	I'll focus my time on the Omnibus waiver.

 13	I'm Rasto Brezny, the executive director for the

 14	Manufacturers of Emission Control Association.	MECA

 15	is a non-profit trade association of the world's

 16	leading suppliers of emission control, efficiency

 17	and electric technology for on and off road vehicles

 18	and equipment.

 19	The nearly 300,000 jobs supported by

  1	quality needs.	Second, since 2016 CARB invited

  2	stakeholders to participate in work groups and

  3	workshops to inform the regulatory provisions in the

  4	Omnibus.	The Omnibus offers a phase-in starting in

  5	2024, where requirements can be met with today's

  6	familiar aftertreatment architectures.	And finally,

  7	a longer warranty will bring value to truck owners

  8	to alleviate pre-buy concerns.

  9	First, let me address California's air

 10	quality needs and the air quality benefits resulting

 11	from early implementation of a 75 percent lower NOx

 12	standards starting in 2024.	CARB has reported that

 13	more than half of Californians live in areas that

 14	exceed the most stringent 70 parts per billion ozone

 15	standard with many areas still exceeding the

 16	previous ozone standards.

 17	MECA co-sponsored an emission inventory

 18	in air quality analysis.	Based on the emission

 19	limit values in the Omnibus starting in 2024, the

 20	results concluded that a statewide reduction of

  1	Technology commercialization has a long

  2	cycle, including design, testing, vehicle

  3	integration, real world deployment across many

  4	trucks in the field to make sure systems are

  5	reliable and durable.	This is why CARB has done

  6	extensive outreach with industry long before

  7	adopting the Omnibus.

  8	Starting in 2016, CARB staff engaged

  9	industry through work groups and workshops to seek

 10	input on regulatory provisions.	This regulatory

 11	engagement allowed technology suppliers to develop a

 12	portfolio of options to comply with the type of

 13	standards.	Granting this waiver will energize

 14	industry to work together to integrate this

 15	technology onto vehicles.

 16	Based on early technology screening work

 17	at Southwest Research Institute, we showed that the

 18	CARB 2024, 75 percent reduction in NOx is achievable

 19	with conventional aftertreatment architecture,

 20	better engine calibration and 2019 vintage

  1	technologies to their OEM customers, to build the

  2	additional margin they need to comply over a truck's

  3	lifetime.	This continual learning has resulted in

  4	systems being downsized by about 60 percent and at

  5	30 percent lower costs since NOx catalysts were

  6	first introduced on trucks in 2010.

  7	The most recent example of such

  8	innovation has further reduced tailpipe NOx by

  9	approximately 18 to 35 percent below CARB's most

 10	stringent 2027 standards by capturing crank case

 11	emissions on heavy-duty trucks through the use of

 12	commercially available blow-by gas filtration

 13	technologies.

 14	Finally, suppliers appreciate concerns

 15	being raised about the potential for increased costs

 16	leading to a pre-buy of trucks.	We believe that

 17	these concerns will be alleviated by several

 18	factors.	First, the 2024 trucks will deploy

 19	improved versions of 15-year-old emission control

 20	technology.	Second, trucks will come with the

  1	In conclusion, for over 50 years

  2	California has played a leadership role in advancing

  3	vehicle standards and policies that achieved air

  4	quality results first in California, then the U.S.

  5	and eventually around the world.	This is a

  6	successful model where California acts as a

  7	laboratory for new policies that allows

  8	manufacturers to gain experience in limited market

  9	that eventually benefit the rest of the nation.

 10	The Clean Air Act envisioned this role

 11	for California as the co-regulator of mobile source

 12	emissions, and MECA supports California's authority

 13	under the Clean Air Act to promulgate air quality

 14	regulations and EPA's granting of California

 15	waivers.	Thank you for your time.

 16	THE MODERATOR:	Thank you for your

 17	comment.	The next speaker will be Bryan Burton.

 18	You should have gotten a request to be a panelist.

 19	Please accept that, so that you can speak.	Also, as

 20	a reminder, please speak slowly and clearly so that

  1	right after.

  2	Sam, if you could state your name and

  3	affiliation for the record, please.

  4	MR. WILSON:	Great, thanks.	Can you hear

  5	me well?

  6	THE MODERATOR:	Yes, I can hear you.

  7	MR. WILSON:	Awesome.	Good morning,

  8	everyone.	My name is Sam Wilson.	I'm a senior

  9	vehicles analyst with the Union of Concerned

 10	Scientists.	We're a national non-profit whose

 11	mission is to use rigorous independent science to

 12	solve our planet's most pressing problems.	Joining

 13	with people across the country, we combine technical

 14	analysis and effective advocacy to create innovative

 15	practical solutions for a healthy, safe and

 16	sustainable future.

 17	I'm based here in Oakland, California

 18	where each day tens of thousands of residents are

 19	exposed to extraordinary levels of toxic diesel

 20	emissions.	Ozone sootification further jeopardizes

  1	approving the waiver for California's Advanced Clean

  2	Trucks rule, given California's extraordinary and

  3	compelling air quality conditions.

  4	After my testimony today, you'll hear

  5	from my colleague, Dave Cook, on several key

  6	technical considerations of approving the three

  7	waivers.	In the absence of meaningful federal

  8	action on climate change and toxic air pollution,

  9	the ACT is one of the most important regulatory

 10	tools to accelerate greater access to clean air and

 11	reductions in greenhouse gas emissions.	While

 12	manufacturers are already beginning to roll out

 13	heavy-duty electric trucks, regulations like the ACT

 14	are necessary to hasten the momentum towards the

 15	cleaner transportation paradigm.

 16	Although just about one in ten vehicles

 17	on our roads and highways here in the U.S.,

 18	heavy-duty trucks are responsible for about 30

 19	percent of greenhouse gas emissions and roughly half

 20	of all fine particulate emissions and ozone-forming

  1	Regulations like the ACT are a pivotal part of the

  2	state's tool kit to address the extraordinarily poor

  3	air quality conditions here in California.

  4	The California Air Resources Board

  5	estimates that the ACT will effect meaningful

  6	reductions in particulate matter and the

  7	ozone-forming NOx emissions, resulting in fewer

  8	negative health outcomes to the tune of nearly 9

  9	billion dollars in cumulative value and roughly 1000

 10	avoided premature deaths in our state through 2040.

 11	Similarly, CARB estimates that the ACT

 12	will result in significant benefits to the state's

 13	economy with a net employment growth of around 7500

 14	jobs and 6 billion dollars in total economic

 15	benefits for the state's trucking industry through

 16	2040.	This is mostly from reduced fuel and

 17	maintenance costs.	It's also important to note that

 18	this number accounts for assumed costs for

 19	installing new charging infrastructure, as well.

  1	Furthermore, it introduces a new level of political

  2	nuance to the state's efforts to develop our

  3	nation's most protective climate and air quality

  4	regulations.

  5	The five additional states that have

  6	adopted ACT will also be harmed by a partial or full

  7	denial of California's waiver.	As with California,

  8	these states are estimated to benefit significantly

  9	from the ACT.	A few of these highlights include 240

 10	fewer premature deaths in New York through 2050, 420

 11	million dollars in annual savings to New Jersey

 12	truck fleets by 2050, cutting NOx emissions from

 13	heavy-duty trucks in Massachusetts by 85 percent by

 14	2050, while growing GDP.	Cutting greenhouse gas

 15	emissions from heavy-duty trucks in Oregon by 60

 16	percent by 2050, while also growing GDP, and nearly

 17	25 billion dollars in net societal benefits in

 18	Washington State through 2050.

 19	Even the states not adopting the ACT

  1	Denying California's waiver for the

  2	Advanced Clean Trucks rule would be unprecedented

  3	and send a clear signal to the nation and the global

  4	community, for that matter, that this administration

  5	has not only failed to secure meaningful emissions

  6	reductions at the federal level thus far, but went

  7	out of its way to reduce the hard won progress led

  8	by California in section 177 states.

  9	Thanks so much for your time this

 10	morning, and I'm happy to answer any questions.

 11	THE MODERATOR:	Thank you for your

 12	comment.	Our next speaker will be Bryan Burton.

 13	Please provide your name and affiliation for the

 14	record.

 15	MR. BURTON:	Good morning.	My name is

 16	Bryan Burton, advocacy manager for the Healthy Air

 17	with the American Lung Association speaking in

 18	strong support of the U.S. Environmental Protection

 19	Agency's granting California these cleaner truck

 20	waivers without delay, to implement these critical

  1	Clean Air Agencies has determined that federal

  2	heavy-duty truck standards are not sufficiently

  3	health protective.

  4	Truly, 75 percent of all goods are moved

  5	in the United States by heavy-duty truck traffic.

  6	The COVID-19 pandemic has transformed personal

  7	shopping behavior, accelerating the shift from

  8	in-store shopping for products and services to

  9	ordering them online.	This has increased demand for

 10	fast, personalized delivery service and has resulted

 11	in a rising number of delivery trucks and vans on

 12	neighborhood streets supported by proliferation of

 13	warehouse and distribution centers.

 14	Unfortunately, the health burden for

 15	e-commerce-related pollution tends to be

 16	disproportionately impacted by communities of color,

 17	despite consuming a smaller share of the consumer

 18	goods.	U.S. EPA estimates that 72 million Americans

 19	live along major truck freight routes and notes that

 20	there are more likely to be people of color and have

  1	emission cars, trucks and electricity, which the

  2	California Clean Truck Standards helps to drive

  3	toward.	This also translates into preventing nearly

  4	8,000 premature deaths, the third most in the

  5	nation.

  6	Creating certainty in diesel emission

  7	reductions is crucial to improving the health for

  8	all Pennsylvanians.	Pennsylvania is home to well

  9	over one billion square feet of distribution and

 10	warehouse space, with much more currently under

 11	construction or in the planning phase.

 12	Geographically speaking, a truck driving eight hours

 13	out of Pennsylvania can reach territory where over

 14	150 Americans live.

 15	This is important for two reasons.	It's

 16	attractive for trucking companies to locate here,

 17	leading to industry concentration.	Also, were dirty

 18	truck standards to persist, Pennsylvania trucks

 19	would contribute pollution to more than one-third of

 20	the nation's population.

  1	In March, EPA correctly allowed waivers

  2	for 16 states, including Pennsylvania, to adopt the

  3	California Advanced Clean Cars rule.	It's vital

  4	that EPA approve the waivers to allow multiple

  5	states to adopt the rules to ensure residents of the

  6	Mid-Atlantic states can be protected with more

  7	health protective standards.

  8	The EPA's actions on these waivers can

  9	further this growing adoption of these lifesaving

 10	rules.	Trucks have an outsized impact on air

 11	pollution compared to their share of the roadways.

 12	Further, studies of real world vehicle emissions in

 13	congested areas have found that as little as six

 14	percent of the oldest diesel trucks on the road

 15	manufactured before 2007 are responsible for up to

 16	83 percent of the fleets' particulate emissions.

 17	Replacing these dirtiest trucks with

 18	newer, cleaner trucks will have an enormous impact

 19	on air quality.	Creating the California waiver

 20	provides more tools to modernize the industry.

  1	you very much.

  2	THE MODERATOR:	Thank you for your

  3	comment.	Our next speaker will be Dave Cooke.

  4	Please state your name and affiliation for the

  5	record.

  6	MR. COOKE:	Thanks.	Can you hear me

  7	okay?

  8	THE MODERATOR:	Yes, we can hear you.

  9	MR. COOKE:	All right, great.	I'm

 10	Dr. Dave Cooke.	He, him pronouns, senior vehicles

 11	analyst with the Union of Concerned Scientists.

 12	Like my colleague, Sam Wilson, I am here

 13	to support granting all three waivers for

 14	California's Heavy-Duty Truck rules.	Under the

 15	Clean Air Act, Congress has granted tremendous

 16	deference to California, owing to its longstanding

 17	leadership on vehicle emission standards.

 18	Congress requires EPA to grant a waiver

 19	to the state of California, unless one of three

 20	criteria are met:	Either the state has not

  1	meet none of those conditions.

  2	My colleague, Sam Wilson, just laid out

  3	clearly the compelling conditions requiring

  4	California to establish these policies to protect

  5	its residents, an urgency which has been echoed by a

  6	number of community members in today's hearing.

  7	Given the years of federal inaction on

  8	trucks, EPA should continue to make every effort to

  9	reach out to the communities harmed by trucks as

 10	part of this and future processes to truly

 11	understand the compelling conditions felt on the

 12	ground by front line communities that necessitate

 13	this action.

 14	The second criterion required by Congress

 15	is the compatibility of these standards with Section

 16	202(a) of the Clean Air Act.	This question has a

 17	long history, so it was surprising to see EPA

 18	request comment on this by echoing concerns raised

 19	in a misguided lawsuit from the Truck and Engine

 20	Manufacturers Association.

               1	trucks in California did not comply with the lead

  2	time and stability requirements of 202(a)(3)(c).

  3	But as EPA rightfully noted in its 2012

  4	determination to grant the waiver, while California

  5	must take lead time into account and EPA must

  6	consider lead time when evaluating California's

               7	regulations, the lead time inquiry EPA undertakes

  8	relates to technological feasibility.

  9	With respect to California's specific

 10	requirements at the time, California demonstrated

 11	that compliance options are currently

 12	technologically feasible, EPA then has no further

 13	inquiry into lead time because no additional

 14	requirement is imposed by the Section 209 criteria.

 15	The four year lead time requirement that

 16	EPA faces in setting its own standards is

 17	inconsequential to any lead time considerations

 18	based by EPA in granting the waiver to California.

 19	The only question on lead time pertains to whether

 20	or not California's rules are feasible.	And here we

  1	For example, in establishing its 2024 NOx

  2	standards of .05 grams for break horsepower hour,

  3	CARB staff found that the standards were feasible

  4	without significant changes to the current engine

  5	and aftertreatment system.	Thanks to extensive

  6	laboratory test data taken at Southwest Research

  7	Institute.	Additional data from this project

            8	supported CARB's 2027 Omnibus requirements, as EPA

  9	well understands since the latest data from this

 10	project supports both the agency's own rule making

 11	and continues to affirm the validity of California's

 12	requirements.

 13	And finally when it comes to the warranty

 14	requirements, CARB again used the best available

 15	data both in extrapolating its test data to reflect

 16	the life times of modern diesel engines and in

 17	assessing the widespread use of extended warranties,

 18	which helped inform their position of the cost

 19	effectiveness of such warranty requirements.

 20	This well informed multi-year stakeholder

  1	but was perhaps best summarized by his successor

  2	administrator Russell Train.

  3	The structure and history of the

  4	California waiver provision clearly indicate both a

  5	congressional intent and an EPA practice of leaving

  6	the decision on ambiguous and controversial matters

  7	of public policy to California's judgment.

  8	California has well established the importance and

  9	need for these rules under a lengthy data driven

 10	process.

 11	These rules do not meet any of the three

 12	criteria which Congress required to deny these

 13	waivers.	Therefore, under EPA's longstanding and

 14	accurate view of its limited role in this matter,

 15	the agency must approve all three waivers for

 16	enforcement in full.	Thank you for your time.

 17	THE MODERATOR:	Thank you for your

 18	comment.	Our next speaker will be Lily Zwaan.

 19	Please state your name and affiliation for the

 20	record.

  1	all for the opportunity to comment today and thank

  2	you so much to the previous speakers for all the

  3	information that you're providing today which only,

  4	you know, strengthens my conviction that we need to

  5	grant these waivers as soon as possible.

  6	I'm here asking you to approve

  7	California's waiver request and to allow the

  8	strongest possible limits on heavy-duty vehicle

  9	pollution, because we need a rapid transition to

 10	zero emissions vehicles.	I live in Atlanta, Georgia

 11	and I am in Fulton County, which currently holds an

 12	F air quality grade from the American Lung

 13	Association.	This means that children in my

 14	community are breathing dirty air.

 15	For context, more than half of public

 16	schools in Fulton County sit within a half mile of a

 17	major highway.	So young lungs, as we know, are more

 18	vulnerable to air pollutants, and it is up to us to

 19	protect them from harmful emissions from heavy-duty

  1	city.	A delay in implementing clean trucks and

  2	electric truck standards would prolong the suffering

  3	experienced by communities living daily with the

  4	impacts of environmental racism, redlining and

  5	generations of marginalization that make them more

  6	vulnerable to pollution from trucks.

  7	And all of this is to say nothing of

  8	truck pollution's contributions to climate change in

  9	a summer where here in Georgia we're experiencing

 10	dangerous levels of extreme heat.

 11	Atlanta is a massive hub for the

 12	southeast with some of the most congested roads in

 13	the globe, and that means tractor-trailers spend

 14	hours in Atlanta traffic polluting the air we

 15	breathe and contributing to dangerous levels of

 16	smog.	This dirty air becomes only more harmful as

 17	our city experiences more extreme heat events, these

 18	themselves being fueled by carbon pollution from

 19	cars and trucks.

               1	emission electric vehicles.	This is not only for

              2	the mitigation of climate change, but also for the

  3	immediate health impacts of this pollution

  4	(inaudible) impacts all too well.

  5	Please grant these waivers right away to

              6	protect children, people with asthma, older adults

              7	and those already bearing the brunt of the climate

  8	crisis from the health harms of air pollution.

                    9	Everyone has the right to breathe clean

 10	air.	Thank you again for the opportunity to speak.

 11	THE MODERATOR:	Thank you for your

 12	comment.	That is the end of this block before we

 13	move on to the next block of speakers.	Is Christina

 14	Cross in here?	If you are please raise your hand.

 15	If you're joined by phone you can raise your hand by

 16	pressing *9.	I just want to give you a second to

 17	give your testimony.

 18	MR. KARL SIMON:	While we're waiting,

 19	Kayla, for the transitions, I want to say thanks to

 20	all the panelists and the speakers from the first

  1	here on the slide, so those are -- you should target

  2	your information and federal register notice

  3	provides more information on how to submit written

  4	comments.	Turn it back to you or Jesse or Kayla

  5	will be our moderator for block 3.

  6	THE MODERATOR:	It looks like Christina

  7	is not here, so we can move on to block 3.	As a

  8	reminder, if you are speaking today, you will

  9	receive a notification on your screen that you are

 10	being promoted to a panelist shortly prior to

 11	speaking time.	You must click to accept that

 12	invitation to be able to unmute when you are called

 13	to testify.	This will also allow you to turn on

 14	your camera, which we encourage you to do.

 15	Speakers connected by telephone should

 16	unmute their phones by pressing *6 when called to

 17	testify.	Also as a reminder please speak slowly and

 18	clearly so that the court reporter and interpreters

 19	can accurately capture your testimony.	For the

  1	hand.	That way I can promote you.	Okay, I have not

  2	seen a raised hand, so we will circle back to Yassi.

  3	The next speaker is Jed Mandel.	Jed,

  4	could you please state your name and affiliation for

  5	the record?

  6	MR. MANDEL:	Thank you.	I'm Jed Mandel.

  7	I'm president of the Truck and Engine Manufacturer's

  8	Association.	None of the rules for which CARB is

  9	seeking granting waivers provide the minimum 40

 10	years lead time explicitly required by Congress as a

 11	legal prerequisite to EPA granting CARB the waiver

 12	(inaudible).

 13	(Audio distorted)

 14	THE MODERATOR:	Thank you for your

 15	comment.	The next speaker is Patrick Quinn.

 16	Patrick, could you please state your name and

 17	affiliation for the record.

 18	MR. QUINN:	Yes, thank you.	Can you hear

 19	me?

  1	internal combustion engines, improve fuel efficiency

  2	and develop zero emission power trans.	AESI

  3	supports technology neutral standards, which are

  4	performance-based and cost efficient.

  5	Our member companies support EPA's

            6	approval of CARB's waiver for its low NOx Omnibus

  7	Regulation.	Recently published data suggests that

  8	the stringent standards proposed in the California

               9	Omnibus can be achieved with a significant margin

 10	for compliance.	These data should be considered by

 11	EPA in shaping its final role, which would not take

 12	effect, full effect, EPA's rule, for another nine

 13	years during which significant further innovation

 14	will occur.

 15	AESI fully supports EPA granting the

 16	entire waiver for California to enforce its Omnibus

              17	rules starting with the 2024 model standards.	The

 18	following points summarize our position:	First,

 19	California has unique and compelling air quality

              20	needs directly related to NOx.	Second, since 2016
                                       
  1	today's familiar aftertreatment architecture and

  2	minor engine recalibration.	And fourth and finally,

  3	a significantly longer warranty will bring value to

  4	truck owners purchasing these new trucks and

  5	significantly mitigate any pre buy concerns.

  6	NOx is a critical urban public health

  7	issue.	It disproportionately impacts front line

  8	communities.	The diesel tractors sold going forward

  9	should be as clean and as fuel efficient as

 10	possible.	California has uniquely compelling air

 11	quality needs.	In order to meet the national

 12	ambient air quality standards in the time frames

 13	identified in the California SIP, California needs

 14	substantial NOx benefits as soon as possible.

 15	It is possible to achieve the 2024

 16	50 milligram per brake horsepower hour with improved

 17	engine calibration supplied to existing

 18	aftertreatment hardware that is included on today's

 19	engines.	Technologies have evolved and

 20	demonstration testing has continued since the

  1	Long-term regulatory certainty is

  2	essential in the supplier sector.	Investments in

  3	advanced technology are premised upon that

  4	certainty.	U.S. technology leadership and job

  5	creation are built on that certainty.	Approving

  6	CARB's Omnibus NOx regulation will provide that

  7	certainty.

  8	In conclusion, AESI supports granting the

  9	waiver to California to enforce its Omnibus

 10	Regulation starting in model year '24 engines in

 11	vehicles.	California has compelling air quality

 12	needs.	Significant NOx benefits are needed as soon

 13	as possible to meet their ozone NOx obligations.

 14	Our industry, the supplier industry for

 15	heavy-duty trucks, is prepared to do its part and

 16	deliver cost effective and durable advanced emission

 17	control and efficiency technologies to the

 18	heavy-duty sector to assist in simultaneously

 19	achieving lower greenhouse gas emissions and NOx

 20	emissions, while also meeting other critical

  1	please state your name and affiliation for the

  2	record.

  3	Glen, I see you're on.	We currently

  4	cannot hear you.

  5	MR. KEDZIE:	Okay, I'm not sure you can

  6	see the video or not.

  7	THE MODERATOR:	We can hear you.

  8	MR. KEDZIE:	Okay.	I'm Glen Kedzie, and

  9	I serve as the American Trucking Association's

 10	energy and environmental counsel.	Directly and

 11	through our affiliated organizations, ATA represents

 12	more than 34,000 companies encompassing every type

 13	and class of motor carrier in the U.S. and Canada.

 14	I wish to share the fleet perspective on CARB's

 15	waiver requests, though the unprecedented nature of

 16	having one consolidated hearing on three separate

 17	waivers does not afford the opportunity to delve

 18	into the more specific concerns of the trucking

 19	industry.	ATA will detail such concerns in our

 20	formal comments.

               1	groceries to mail to packages.	As everyone knows,

  2	if we got it, a truck most likely brought it.

  3	Second, fleets don't make trucks, they

  4	are consumers that buy trucks.	The Omnibus Low NOx

  5	and ACT Rules are directed at manufacturers, not at

  6	fleets.	However, it is trucking companies buying

              7	new technologies who will ultimately determine the

  8	success or failure of any emission regulation.

  9	ATA's primary concern involving the

 10	requested waivers is that CARB did not provide the

 11	requisite four years of lead time under any of the

 12	regulations.	Clean Air Act Sections 209(b) and

 13	202(a) very specifically require regulations provide

 14	at least four full model years of lead time before

 15	they take effect, along with at least three full

 16	model years of stability.

 17	The clear intent of Congress was to

 18	ensure manufacturers were afforded enough time to

 19	budget and conduct appropriate research to develop

 20	and test new technology pathways.	Tangentially,

  1	namely, EPA shall grant a waiver unless the

  2	administrator finds that California was arbitrary

  3	and capricious in its finding that its standards are

  4	in the aggregates, emphasis added, at least as

  5	protective of the public health and welfare as quid

  6	pro federal standards.	From a truck consumer

  7	standpoint, fleets are extremely sensitive to the

  8	availability, feasibility, cost and performance of

  9	new equipment.

 10	Trucking companies, like any good

 11	business, need to make purchasing decisions for the

 12	near and outer years.	Technology that's not

 13	properly tested, more expensive or creates

 14	uncertainty for fleets is a recipe for pre buys, low

 15	buys or no buys, a scenario that is not good for

 16	fleets, manufacturers, the supply chain, the economy

 17	and the environment.

 18	History has shown that overly aggressive

 19	emission mandates force fleets to reassess their

 20	fleet purchasing decisions, equipment turnover

  1	actually increase aggregate emissions not only in

  2	California, but also those states opting into the

  3	CARB standards.

  4	Lastly, EPA will issue its final Low NOx

  5	Rule later this year, its final phase 3 Greenhouse

  6	Gas Emissions Rule in the summer of 2024, and the

  7	agency will continue to implement phase 2 greenhouse

  8	gas trucking milestones in 2024 and 2027.

  9	Likewise, emission control warranty

 10	provisions will also be significantly modified under

 11	EPA's forthcoming Low NOx Rule.	A harmonized

 12	50-state effort to curb NOx and greenhouse gas

 13	emissions are a more logical, efficient and

 14	effective approach in an industry that is not

 15	restricted in its operations by state boundary

 16	lines.

 17	Thank you again for the opportunity to

 18	provide a fleet perspective on the CARB waiver

 19	request.	A more formalized comments will be

 20	submitted into the docket.

  1	that invitation to be able to unmute when you are

  2	called to testify.	This will also allow you to turn

  3	on your camera, which we encourage you to do.

              4	Speakers connected by telephone should unmute their

  5	phones by pressing *6 when called to testify.

  6	Also, please remember to speak slowly and

  7	clearly so the court reporter and interpreters can

  8	accurately capture your testimony.

  9	The next speaker is Katherine Stainken.

 10	Please unmute yourself and state your name and

 11	affiliation for the record.

 12	MS. STAINKEN:	Great.	Good morning.	My

 13	name is Katherine Stainken, and I'm the

 14	vice-president of policy at the Electrification

 15	Coalition.	Thank you for the opportunity to testify

 16	this morning.	We are a non-profit bipartisan

 17	organization that is working to accelerate adoption

 18	of EVs in order to reduce the economic and national

 19	security threats caused by dependence on oil in the

 20	transportation sector.

  1	American Cities' Climate Challenge and working

  2	directly with states around the country to provide

  3	technical and policy support.

  4	We have created a business coalition that

  5	includes all vehicle sectors and EV charging

  6	infrastructure businesses, and we work directly with

  7	companies like Pepsi, Nestle and others to provide

  8	technical support to accelerate freight

  9	electrification.

 10	Today we are here to offer our support

 11	for the California waiver request.	The stranglehold

 12	that oil has on our transportation sector continues

 13	to put us at great economic, national security and

 14	climate risk.	As the global community rapidly

 15	commits to transportation electrification, we must

 16	recognize the scale of what is at stake in terms of

 17	American leadership and our global competitiveness,

 18	as well.

 19	In short, we need to recognize that our

 20	electric transportation future is a matter of

  1	futures, particularly in the medium and heavy-duty

  2	sector.

  3	The Advanced Clean Trucks Rule is a

  4	critical action and policy and will accelerate the

  5	adoption of EV's in the medium and heavy-duty sector

  6	in the U.S., which represents about five percent of

  7	all vehicles on the road, but accounts for nearly

  8	30 percent of the oil used in the transportation

  9	sector in the U.S.

 10	We know that electric technology is ready

 11	now.	National pilot programs have shown that

 12	electrified freight is market ready and that the

 13	total cost of ownership is lower over the lifetime

 14	of an EV, compared to an internal combustion engine

 15	vehicle.	And the Bureau of Transportation

 16	Statistics' latest survey showed that over half of

 17	the freight tons moved in 2018 were less than

 18	100 miles, while over two-thirds of freight tons

 19	were less than 250 miles, meaning that the freight

 20	sector is ripe for electrification.

  1	the tailpipes of internal combustion engine medium

  2	heavy-duty vehicles.	We know that these harmful

  3	pollutants particularly overburden low-income

  4	communities and communities of color.

  5	In closing, we urge this administration

  6	to approve the waiver to California in full as our

  7	national security, public health, economic

  8	prosperity, leadership and global competitiveness is

  9	at stake.

 10	Thank you for the opportunity to testify.

 11	THE MODERATOR:	Thank you for your

 12	comment.	The next speaker is Rob Bonta.	Please

 13	state your name and affiliation for the record.

 14	MR. BONTA:	Good morning, I am Rob Bonta,

 15	California Attorney General, and I'm honored to be

 16	here today, grateful for this opportunity to testify

 17	today to urge the EPA to grant waivers for

 18	California's Heavy-Duty Truck Regulations.

 19	This hearing is about improving our air

 20	quality and addressing climate change, yes, but it

  1	That's what these waivers are about, life

  2	and death.	Over 12 million Californians breathe

              3	dirty, toxic air every day.	And as a result, every

  4	year thousands of them will die prematurely.

  5	Climate change is exacerbating this problem and

  6	causing other suffering, as well.

                   7	So when we talk about reducing oxides of

              8	nitrogen, or NOx, particulate matter and greenhouse

  9	gases, I want to remind you that what we are talking

 10	about is the health of someone's child, someone's

 11	mother, someone's father, sister, brother, abuela or

 12	abuelo.	By granting these waivers you are granting

 13	them their lives.

 14	Indeed, immediately reducing smog-forming

 15	NOx, dangerous particulate matter and climate change

 16	causing greenhouse gases is not an option for us; it

 17	is an immediate need.	And many technology drivers

 18	and manufacturers recognize this, because they like

 19	you know that our state is already suffering

 20	dramatic impacts from air pollution and climate

  1	it's critical to drive the nation forward.

  2	California is committed to combating the

  3	climate crisis and improving the air our residents

  4	breathe.	But in this context of motor vehicle

  5	emissions, we rely on the EPA granting these

  6	preemptive waivers as Congress required.

  7	Communities that are suffering from

  8	chronic air pollution and that live in neighborhoods

  9	near rail yards, warehouses, airports and roadways

 10	are facing the brunt of impacts caused by truck

 11	related emissions, increased asthma, coughs and

 12	wheezing, trips to the ER.	We see these impacts in

 13	California where heavy-duty trucks emit nearly

 14	one-third of all NOx emissions, and we see them

 15	across the nation.

 16	My office has been at the forefront of

 17	addressing the disproportionate impacts caused by

 18	air pollution, including NOx, and I stand here today

 19	to implore you to allow California to drive the

 20	development and deployment of technologies crucial

  1	standards and the Omnibus NOx standards have already

  2	been adopted by other states, and as you're already

  3	seeing, have the support of so many of the Americans

  4	you're hearing from during these important hearings.

  5	Tepid and slow action is just not

  6	acceptable.	Californians are dying because of dirty

  7	air.	We need these waivers granted to address the

  8	climate crisis, save lives and protect communities

  9	living at the intersection of poverty and pollution.

 10	I urge the EPA to grant these waivers

 11	immediately, and I thank you for the privilege of

 12	your time.

 13	THE MODERATOR:	Thank you for your

 14	comment.	Our next speaker is Liane Randolph.

 15	Please state your name and affiliation for the

 16	record.

 17	MS. RANDOLPH:	Hello, I'm Liane Randolph,

 18	chair of the California Air Resources Board, and

 19	thank you for the opportunity to testify about the

 20	critical importance of the U.S. EPA immediately

  1	in part because of California's separate motor

  2	vehicle and off-road engine emission control

  3	program.	However, California still has the worst

  4	air quality in the nation.

  5	Over 12 million residents still breathe

  6	unhealthy air.	Oxides of nitrogen, or NOx, is a

  7	precursor to ozone and secondary particulate matter,

  8	both of which lead to adverse health issues,

  9	especially disadvantaged communities which are

 10	disproportionately impacted by air pollution.

 11	California faces particularly extreme

 12	ozone attainment challenges in the South Coast and

 13	San Joaquin Valley air basin, the only two regions

 14	in the country classified as extreme nonattainment

 15	areas.	Much of the state, including the San Joaquin

 16	Valley, still struggles to attain the health-based

 17	fine particulate matter standards, as well.

 18	Significant reductions in NOx and PM

 19	emissions are therefore critical for attaining

 20	health-based federal ozone and fine particulate

  1	climate impacts.	And both high temperature and

  2	wildfires are aggravating the air quality challenges

  3	we already face.	All of these impacts will get much

  4	worse without steep productions in GHG emissions,

  5	including from mobile sources.

  6	Heavy-duty trucks are significant

  7	contributors to California's air pollution problem

  8	and emit approximately one-third of total statewide

  9	NOx emissions and about a quarter of diesel

 10	particulate emissions.	In addition, the

 11	transportation sector remains the largest

 12	contributor to greenhouse gas emissions, accounting

 13	for nearly half of California's statewide greenhouse

 14	gas inventory.

 15	The California Heavy-Duty Regulations for

 16	which U.S. EPA is today considering waivers

 17	represent a crucial step in California Air Resources

 18	Board regulation of trucks.	Heavy-duty trucks

 19	transition to zero emission technology is needed to

 20	simultaneously eliminate exhaust emissions, to

  1	2024.	California's Heavy-Duty Truck Regulations are

  2	designed to significantly reduce criteria and

  3	climate change pollutants, both in the near and the

  4	long-term.	The Omnibus and Advanced Clean Truck

  5	Regulations alone are estimated to reduce NOx

  6	emissions by about 400,000 tons from 2024 through

  7	2050, which translates to approximately 5500 avoided

  8	premature deaths and approximately 4500 avoided

  9	hospitalizations.

 10	California needs to achieve these

 11	benefits as soon as possible, beginning in model

 12	year 2024, and cannot afford any delays.	Any delay

 13	would also negatively impact the numerous other

 14	states that have adopted or are actively planning to

 15	adopt California's Truck Regulations to address the

 16	air quality challenges in their respective states.

 17	Engine manufacturers are already

 18	beginning to plan to meet California's 2024 model

 19	year Heavy-Duty Omnibus requirements that were

 20	adopted last year, with some manufacturers

  1	who have been investing significant resources to

  2	comply with California standards.	Market demand for

  3	zero emission vehicles in the heavy-duty sector is

  4	growing, and may well exceed the minimum required by

  5	the Advanced Clean Trucks Regulation and the

  6	standards are clearly feasible.

  7	These regulations are critical components

  8	of California's strategy to achieve California's air

  9	quality and greenhouse gas reduction goals, to

 10	attain the national ambient air quality standards

 11	and protect the health and well being of

 12	Californians in vulnerable communities.

 13	California accordingly needs U.S. EPA to

 14	quickly issue waivers for each of these truck

 15	regulations.	In fact, it is because of our critical

 16	short-term needs, as well as the urgency of laying

 17	the groundwork to address our long-term needs, that

 18	California adopted these regulations.

 19	By reducing and eliminating pollution

 20	from vehicles where and when they are driven, the

  1	have been forced to bear much of the burden of poor

  2	air quality for far too long.	I urge U.S. EPA to

  3	quickly approve waivers for each of these truck

  4	regulations.

  5	Alex Wang, senior attorney from our legal

  6	office, will provide an overview of the waiver

  7	criteria and why these regulations satisfy the

  8	criteria.	Thank you for allowing me to comment

  9	today.

 10	THE MODERATOR:	Thank you for your

 11	comment.	Our next speaker is Alex Wang.	Please

 12	state your name and affiliation for the record.

 13	MR. WANG:	Thank you, thank you,

 14	Ms. Randolph.	Alex Wang, senior attorney for the

 15	California Air Resources Board.

 16	I will now discuss the legal and policy

 17	framework pertinent to EPA's consideration of

 18	California's waiver and authorization request.	EPA

 19	has consistently recognized and followed the

 20	following principles in considering California's

  1	scope of EPA's review is limited to the statutory

  2	criteria in Clean Air Act, Sections 209(b)(1) and

  3	209(e)(2) relating to protectiveness, conditions

  4	warranting California's separate motor vehicle and

  5	non-road engine emissions control programs and

  6	consistency with technical feasibility and federal

  7	certification requirements.	Third, in reviewing and

  8	granting waivers over authorizations, EPA has

  9	consistently deferred to the policy judgments of

 10	California's decision makers.

 11	The first waiver or authorization

 12	criterion is whether California standards in the

 13	aggregate are at least as protective as applicable

 14	federal standards.	The board found that none of the

 15	regulations at issue in this hearing would cause

 16	California's motor vehicle or off-road engine

 17	emissions standards in the aggregate to be less

 18	protective of public health and welfare than

 19	applicable federal standards.

  1	And they consequently only increase the relative

  2	stringency of California's motor vehicle emissions

  3	control program as compared to the federal motor

  4	vehicle emissions control program.

  5	One element of the Omnibus Regulation

  6	aligns California's requirements for off-road diesel

  7	fueled engines in auxiliary power units with the

  8	corresponding federal emissions requirements and

  9	would, therefore, not cause California's off-road

 10	emissions control program to be less protective than

 11	the federal off-road engine emissions control

 12	program.

 13	Each of the waiver requests, therefore,

 14	satisfies this first waiver criterion.	Now the

 15	second criterion is whether California has

 16	compelling and extraordinary conditions that

 17	justifies need for its own motor vehicle and

 18	off-road engine and equipment emissions control

 19	programs.	California, and particularly the South

  1	nonattainment with the national and clean air

  2	quality standards for particulate matter.	Over half

  3	of California's residents live in those two air

  4	basins.

  5	Furthermore, greenhouse gases emitted by

  6	mobile sources contribute to climate change that

  7	adversely impacts California's economic well being,

  8	public health and natural resources.	Climate change

  9	contributes to significant adverse impacts,

 10	including increased levels of ground level ozone,

 11	raised sea levels, reduced snow pack levels,

 12	increased frequency of droughts and susceptibility

 13	of forests to wildfires.

 14	It is therefore clear that California

 15	continues to experience compelling and extraordinary

 16	conditions that justifies need for its own motor

 17	vehicle and off-road engine and equipment emissions

 18	control program.

 19	The third criterion is whether the motor

 20	vehicle emissions standards and accompanying

  1	certification test procedures.

  2	The emissions standards and accompanying

  3	enforcement procedures at issue in this hearing are

  4	attainable within the specified lead times.

  5	The technologies that manufacturers will

  6	likely use to comply with the standards and

              7	procedures are presently commercially available at

  8	reasonable costs, and the regulations provide

  9	manufacturers sufficient time to develop and

 10	implement future technologies or to refine existing

 11	emission control technologies to meet more stringent

 12	standards that take effect in the 2027 and

 13	subsequent model years.

 14	The new off-road engine equipment

 15	requirements do not regulate new motor vehicles or

 16	motor vehicle engines or (inaudible) Section

 17	209(e)(1) of the Clean Air Act that is (inaudible)

 18	175 horsepower used in farmer construction equipment

 19	and vehicles, new locomotives or locomotive engines.

 20	No issues regarding test procedure inconsistency

  1	Section 209(b)(1)(c), California emission standards

  2	and other emissions-related requirements must comply

  3	with Section 202(a)(3)(c).	That section specifies

  4	lead time and other requirements applicable to

  5	standards for heavy-duty engines and vehicles that

  6	are promulgated by the EPA.

  7	CARB believes that the consistency

  8	criterion in 209(b)(1)(c) (inaudible) of section

  9	202(a)(3)(c) based on the text, the structure,

 10	legislative history and the purpose of Clean Air

 11	Act, Section 209(b).	Congress enacted that section

 12	to permit California, in the first instance, to

 13	establish a separate motor vehicle emissions control

 14	program in order to both respond to the compelling

 15	and extraordinary conditions affecting our state and

 16	to serve as the nation's laboratory with respect to

 17	requiring advanced solutions to addressing vehicular

 18	sources of air pollution.

 19	These core purposes of the waiver

 20	provision would be undermined by importing

  1	In conclusion, the emissions standards

  2	and other emissions-related requirements applicable

  3	to motor vehicles and motor vehicle engines and

  4	non-road engines satisfy the criteria for new

  5	waivers and for new authorization respectively, and

  6	CARB requests that EPA expeditiously grant

  7	California the requested waiver and authorization

  8	actions.	Thank you for this time.

  9	THE MODERATOR:	Thank you for your

 10	comment.	As a reminder, if you're speaking today,

 11	you will receive a notification on your screen that

 12	you are being promoted to a panelist shortly prior

 13	to your speaking time.	You must click to accept

 14	that invitation to be able to unmute when you're

 15	called to testify.	This will also allow you to turn

 16	on your camera, which we encourage you to do.

 17	Speakers connected by telephone should

 18	unmute their phones by pressing *6 when called to

 19	testify.	Also, please remember to speak slowly and

 20	clearly so the court reporter and interpreters can

  1	Mary Greene, and I am the senior policy counsel for

  2	sustainability policy at Consumer Reports.

  3	Consumer Reports strongly supports

  4	California's right to act in the interest of its own

  5	citizens and to set heavy-duty vehicle standards

  6	that are more stringent than federal standards.

  7	EPA should approve California's request

  8	in full.	Denying these waivers would represent a

  9	serious step backwards in the administration's goals

 10	to tackle air pollution and climate change and to

 11	mitigate impacts on overburdened communities.

 12	For more than 50 years the EPA has

 13	recognized California's authority under the Clean

 14	Air Act to set more stringent vehicle emission

 15	standards than the federal government.	EPA should

 16	continue to recognize this authority and allow

 17	California to address pollution caused by heavy-duty

 18	vehicles.

 19	This pollution poses serious health

 20	environmental risks.	Heavy-duty vehicles transport

  1	on these vehicles has cost in the forms of increased

  2	air pollution that disproportionately impact low

  3	income communities and communities of color living

  4	near trucking routes, highways and warehouses.

  5	Indeed, the Inland Empire, an area of

  6	California overburdened with warehouses, has some of

  7	the country's worst air quality according to the

               8	EPA.	Allowing California to adopt more stringent

  9	emission standards for heavy-duty vehicles would

 10	help address some of the impacts, and California has

 11	the right to do so in order to protect its own

 12	citizens.

 13	EPA should act swiftly and grant these

 14	waivers.	Thank you very much for your time.

 15	THE MODERATOR:	Thank you for your

 16	comment.	The next speaker is Dylan Jaff.	Please

 17	state your name and affiliation for the record.

 18	MR. JAFF:	Hi, my name is Dylan Jaff and

 19	I'm a California based policy analyst for

 20	sustainability policy at Consumer Reports.	Thank

  1	waiver requests to set truck standards that are more

  2	stringent than federal standards and urge the EPA to

  3	approve California's waiver request in full.

  4	With the effort that this administration

  5	has dedicated to increasing access to clean air, any

  6	limitation to these waiver requests would be a

  7	missed opportunity to bring crucial emission

  8	reductions to our nation's residents.	According to

  9	research from the American Lung Association, six out

 10	of the ten most polluting cities in the entire

 11	country are in California.

 12	For decades these harmful pollutants,

 13	especially those from the transportation sector,

 14	have burdened communities along highly utilized

 15	travel corridors which are overwhelmingly low income

 16	communities and communities of color.	California

 17	consumers and residents see firsthand the impacts of

 18	a changing climate in their everyday lives and in

 19	their pocketbooks.	And they understand the urgent

 20	need to address air quality issues in our

  1	most.	California consumers have continuously

  2	expressed support for California laborers for the

  3	state to go above and beyond emission standards set

  4	by the federal government.

  5	California and their residents have yet

  6	again expressed a desire to enable air quality

  7	policies that will bring direct benefits to the

  8	residents of this state, and the EPA should act

  9	swiftly in granting these waivers and allowing the

 10	state to act with the urgency that is needed to

 11	mitigate the impacts of emissions from

 12	transportation.	Thank you.

 13	THE MODERATOR:	Thank you for your

 14	comment.	The next speaker is Ameen Khan.	Please

 15	state your name and affiliation for the record.

 16	MR. KHAN:	Good morning, my name is

 17	Ameen Khan, regulatory affairs advocate for

 18	California Environmental Voters, formerly the

 19	California League of Conservation Voters.	On behalf

 20	of California Environmental Voters I would like to

  1	implement and enforce recently adopted emission

  2	standards for heavy-duty trucks, including the

  3	Advanced Clean Trucks and Low NOx Heavy-Duty Omnibus

  4	regulations.

  5	California Environmental Voters proudly

  6	represent over 120,000 members with the mission to

  7	protect and enhance the environment and the health

  8	of all California communities by electing

  9	environmental champions, advancing critical

 10	priorities, holding policy makers accountable, using

 11	political power to transform our political system

 12	and achieve climate justice.

 13	The transportation sector accounts for

 14	about 50 percent of California's greenhouse gas

 15	emissions, nearly 80 percent of nitrogen oxide

 16	pollution and 95 percent of toxic diesel emissions.

 17	Despite making up around just 7 percent of all

 18	vehicles in the state, heavy-duty trucks are the

 19	single largest source of smog forming nitrogen

 20	oxides and emit close to 40 percent of the state's

  1	essential tool for the state to fulfill this

  2	important objective.	In California the communities

  3	that are the most exposed and adversely impacted by

  4	the exposure to truck pollution are

  5	disproportionately low income communities of color.

  6	From the warehouses in the Inland Empire

  7	region to the busy ports of Long Beach in Oakland

  8	and all the way up and down the bread basket of the

              9	United States, the San Joaquin Valley, millions of

 10	Californians of color are harmed by increased

 11	exposure to truck pollution.	Due to the higher

 12	rates of respiratory illnesses and elevated cancer

 13	risks, some have called these communities diesel

 14	death zones.

 15	These overburdened residents and their

 16	communities have been disproportionately impacted

 17	and have suffered from the adverse impacts of truck

 18	pollution for too long.	Waivers could significantly

 19	improved air quality and public health in these

 20	historically underserved communities.	The waiver

  1	California Environmental Voters ask that

  2	the EPA expeditiously and unconditionally approve

  3	CARB's request for waivers so that all Californians

  4	can sooner enjoy and prosper from the environmental

  5	and health benefits that cleaner heavy-duty trucks

  6	provide.	Thank you for your consideration of these

  7	comments.

  8	THE MODERATOR:	Thank you for your

  9	comment.	The next speaker is Katherine Garcia.

 10	Please state your name and affiliation for the

 11	record.

 12	MS. GARCIA:	Good morning.	My name is

 13	Katherine Garcia, and I am the director of Sierra

 14	Club's Clean Transportation For All campaign.	Thank

 15	you for the opportunity to testify today.

 16	For far too long medium and heavy-duty

 17	vehicle manufacturers as a whole have sold dangerous

 18	diesel trucks with blatant disregard for the severe

 19	air pollution that harm so many communities and

 20	exacerbates the climate crisis.	Our Sierra Club

  1	public health and climate goals and to underscore

  2	what is at stake as the climate crisis intensifies,

               3	cleaning up air pollutants will become even more

  4	challenging.

  5	I have personally engaged with each of

  6	the California rules being discussed today and have

                7	attended the CARB hearings.	Prior to my current

  8	role I was the Sierra Club's policy lead for

  9	California's transportation regulations.	And over

 10	the past year in my national role, I've supported

 11	advocates from across the country urging policy

 12	makers to adopt these vital rules.

 13	I can attest that for each regulatory

 14	process, which has spared years in every case, at

 15	the heart of every testimony and every comment is

 16	the plea to deliver cleaner air for communities.

 17	Too many kids have suffered from respiratory illness

 18	due to truck and bus pollution.	And as a mom of a

 19	two-year old I am proud to join parents and

 20	caretakers across the country demanding that

  1	today would authorize rules that are designed to

  2	curb toxic air pollution and protect the health of

  3	all Californians.	Zero emission trucks and busses

  4	are a public health necessity.	The Advanced Clean

  5	Trucks rule will ensure that manufacturers deliver a

  6	robust supply of zero emission medium and heavy-duty

  7	vehicles in California and beyond.

  8	The airport shuttle rule offers many

  9	benefits, including reducing pollution in areas

 10	around airports which are often overburdened

 11	communities, improving the health of shuttle bus

 12	drivers, long-term financial savings for airports

 13	and shuttle operators and offering a model for

 14	airports throughout the country to transition to

 15	zero emission vehicles.

 16	In addition to zero emission vehicles,

 17	manufacturers must also slash nitrogen oxide,

 18	otherwise known as NOx from fossil fuel heavy-duty

 19	trucks.	The Heavy-Duty Omnibus rule ensures that

 20	truck makers curb NOx emissions and extend

  1	approve the three waivers in full to grant

  2	California the authority to create these lifesaving

  3	rules.	We must reduce deadly NOx pollution and

  4	accelerate the transmission to zero emission trucks

  5	and busses across the country.	Thank you for the

  6	opportunity to testify today.

  7	THE MODERATOR:	Thank you for your

  8	comment.	As a reminder if you're speaking today you

  9	will receive a notification on your screen that you

 10	are being promoted to a panelist shortly prior to

 11	your speaking time.	You must click to accept the

 12	invitation to be able to unmute when you're called

 13	to testify.	This will also allow you to turn on

 14	your camera which we encourage you to do.

 15	Speakers connected by telephone should

 16	unmute their phones by pressing *6 when called to

 17	testify.	Also, please remember to speak slowly and

 18	clearly so the court reporter and the interpreters

 19	can accurately capture your testimony.

 20	The next speaker is Alejandra

  1	policy and advocacy for Chispa National Program with

  2	the League of Conservation Voters.	I'm also based

  3	in Los Angeles and personally invested in this

  4	issue.	Chispa's mission is to build the power of

  5	low income communities of color across the country

  6	to achieve racial and environmental justice.

  7	The Chispa network strongly urges you,

  8	the EPA, to grant California's request for a waiver

  9	to adopt stringent state emission standards through

 10	its updated regulations.	Collectively and

 11	individually these standards address critical issues

 12	for California and will also have significant

 13	impacts beyond its borders.

 14	California is a known environmental

 15	justice leader, known for its commitment to

 16	addressing climate change and air pollution through

 17	its stringent emission standards.	California's

 18	regulations are in compliance with Clean Air Act

 19	Section 209, as they are more stringent.	They

 20	address the compelling need and are technically and

  1	more than 90 percent of Californians live in areas

  2	impacted by unhealthy levels of air pollution, and

  3	the state is meeting this public health crisis

  4	through its updated regulations.

  5	These rules, including the Advanced Clean

  6	Trucks rules, are a necessary step forward on a path

  7	to zero emissions future and will save countless

  8	lives, especially communities of color facing

  9	disproportionately high pollution levels.	Combined,

 10	these regulations will significantly reduce or

 11	eliminate greenhouse gas emissions as well as

 12	conventional air pollutants like nitrogen oxides.

 13	California is leading the transition from

 14	reliance on fossil fuels to safe and 100% electric

 15	energy.	This will allow communities bearing the

 16	brunt of climate change to seek urgent relief and

 17	will help us accelerate meeting our climate goals.

 18	California has six of the ten most

 19	polluted U.S. cities.	And while our state

 20	government has made tremendous gains in cleaning our

  1	waiver so California can address this public health

  2	emergency.

  3	These emissions standards in the

              4	aggregate are more productive of public health and

  5	welfare than current federal standards which do not

  6	go beyond the bear minimum.	Additionally vehicle

  7	manufacturers have the technology already to meet

  8	strong standards, and many of these analyses show

  9	that fully zero emission trucks would be cheaper to

 10	purchase and operate than diesel trucks within the

 11	time frame of these standards.

                  12	As a California native and immigrant and

 13	a woman of color who has been forced to experience

             14	environmental and racial racism every single day of

 15	my life, this issue is personal to me.	I grew up in

 16	Panorama City in the San Fernando Valley of

 17	Los Angeles, in a low income community of color

             18	surrounded by traffic corridors and freeways, dirty

 19	air and wildfires.

  1	of color.	It has a 93 percentile pollution burden.

  2	We live two blocks from the Van Nuys airport.	The

  3	Amtrak is 300 feet behind us and we're enclosed by

  4	the 405, 101 and 118 freeways, constantly surrounded

  5	by pollution sources.

  6	When you also consider systemic racism

  7	and other factors that have led to our lack of

  8	status and access to health care, we end up with

  9	disastrous consequences for our health and overall

 10	outcomes.	My father recently had open heart

 11	surgery.	My cousin and uncle struggle to breathe

 12	because of their asthma, and many more family

 13	members have been impacted by health issues

 14	exacerbated by dirty air.	And we are not the

 15	exception.

 16	As this is what it means to be a person

 17	of color living in California and in the U.S.,

 18	bearing the brunt of climate change and

 19	environmental racism.	As such the EPA must approve

  1	stringent standards.	Denying California's waiver

  2	would have disastrous consequences across the

  3	country.	It would set back federal and state

  4	pollution reduction goals considerably.	We urge

  5	you, the EPA, to approve California's waiver and go

  6	beyond the bear minimum to achieve the

  7	transformational change our communities need.

  8	Lastly, the EPA must approve California's

  9	waiver to realize the Biden Harris Administration's

 10	justice for new equity goals.	Climate justice is

 11	racial justice and our communities of color need

 12	urgent relief.	California's stringent emission

 13	standards are a necessary component of meeting those

 14	goals.	Thank you for the opportunity to provide

 15	public comment.

 16	THE MODERATOR:	Thank you for your

 17	comment.	The next speaker is Andy Su.	Please state

 18	your name and affiliation for the record.

 19	MR. SU:	Hello.	My name is Andy Su.	I'm

 20	speaking on behalf of the Environmental Defense

  1	full, lasting and durable effect of these lifesaving

  2	standards.	I'd like to focus my comments on the

  3	importance of Omnibus and the ACT rules which

  4	achieve deep reductions in pollution from new diesel

  5	vehicles and accelerate the transition to zero

  6	emission heavy-duty vehicles.

  7	Near term emission reductions are vital

  8	to mitigating the effects of climate change and to

  9	public health, especially the health of low income

 10	communities and communities of color

 11	disproportionately impacted by transportation air

 12	pollution.

 13	150 million people live in counties with

 14	unhealthy levels of ozone or particulate pollution,

 15	and many of the hardest hit communities are in

 16	California.	The South Coast and San Joaquin Valley

 17	are the only two areas in the nation designated as

 18	extreme nonattainment for federal health based ozone

 19	standards.	And the San Joaquin Valley has the

 20	highest fine particulate matter levels in the

  1	American Lung Association, people of color are more

  2	than three and a half times more likely to breathe

  3	the most polluted air.	The subsequent health

  4	impacts of diesel trucks and busses is devastating

  5	and follow broader trends of unequal burden.

  6	Studies have shown that communities near

  7	truck routes often experience elevated levels of NO2

  8	and black carbon which are associated with higher

  9	levels of cardiovascular events, asthma emergency

 10	room visits and hospitalizations as well as adverse

 11	pregnancy outcomes.	These studies highlight the

 12	importance of near term emissions reductions that

 13	will result from the Omnibus and ACT rules.

 14	Omnibus, fully phased in by 2031, is

 15	expected to reduce harmful NOx emissions in

 16	California by more than 23 times per day, the

 17	equivalent of taking 16 million light duty cars off

 18	the road in 2031.	The resulting emissions

 19	reductions will lead to 3,900 avoided premature

 20	deaths and 3,150 avoided hospitalizations statewide

               1	billion dollars over the next 20 years and create

  2	thousands of good new jobs by 2035.	A low NOx rule

  3	that offers robust protection is necessary

               4	complement to the Advanced Clean Trucks rule, as

               5	these regulations can offer important cumulative

               6	benefits.	For example, an ICCT report found that

  7	New York state emissions from medium and heavy-duty

  8	vehicles are expected to grow significantly leading

  9	up to 2050.

 10	While the ACT and low NOx rules

 11	independently can help reduce these emissions, the

 12	combination of ACT and Heavy-Duty Omnibus standards

 13	will deliver the greatest NOx benefits equal to 46

 14	percent below 2020 levels in 2050.	Already we've

 15	seen a significant expansion of zero emission model

 16	availability, a 625 percent increase since 2019, and

 17	this is likely driven in no small part by strong

 18	emission standards that catalyze the market.

 19	The increasing economies of scale that

 20	come from an expanded market means that an already

  1	consistent standards are necessary to ensure market

  2	certainty.

  3	These standards will continue to

  4	incentivize investment in clean zero emission

  5	technologies and help lead to economies of scale

  6	that will continue to bring down costs.	It is

  7	important that manufacturers lead in this transition

  8	to a zero emitting future and not litigate in a

  9	manner that stalls progress and innovation.

 10	Deploying clean and zero emitting heavy-duty

 11	vehicles is critical to reach our health and climate

 12	goals.

 13	These standards will protect human health

 14	and the environment for all people in all

 15	communities by reducing harmful diesel pollution and

 16	ensuring greater deployment of ZEVs.	Actions that

 17	will save money for truckers and fleets and help to

 18	support and grow jobs.	Thank you.

 19	THE MODERATOR:	Thank you for your

 20	comment.	We are now at the end of our morning

  1	please raise your hand?	If you're on your phone you

  2	can do this by clicking *9.	Okay.	I'm not seeing

  3	any raised hands.	Well then, Karl, could you please

  4	confirm that we're ready to take a short lunch

  5	break?

  6	MR. KARL SIMON:	Thanks, Tuana, I think

  7	we are going to take our lunch break and we'll give

  8	the details here as you see on the slide and I want

  9	to say thanks to all the panelists on block 3 for

 10	your very helpful testimony and again we look

 11	forward to seeing your supplemental or supportive

 12	written comments as well.	So we will see everybody

 13	back here at 12:45.	We'll start with block 4.

 14	Thank you.

 15

 16

 17

 18

 19

  1 	CERTIFICATE OF NOTARY PUBLIC - COURT REPORTER

  2

  3 	I do certify that the attached

  4 	proceedings were taken before me in the

  5 	above-entitled matter; that the proceedings

  6 	contained herein was by me reduced to writing by

  7 	means of stenography, and afterwards transcribed

  8 	upon a computer. 	The attached pages are a true and

  9 	complete transcript of the proceedings.

 10 	I do further certify that I am not

 11 	connected by blood or marriage with any of the

 12 	parties, their attorneys or agents, and that I am

 13 	not an employee of either of them, nor interested,

 14 	directly or indirectly, in the matter of

 15 	controversy.

 16 	IN WITNESS WHEREOF, I have hereunto set

 17 	my hand and affixed my notarial seal at West

 18 	Bloomfield, Michigan, County of Oakland, this 12th

 19 	day of July 2022.













































































                                        1

  2	UNITED STATES ENVIRONMENT PROTECTION AGENCY

  3	PUBLIC HEARING

  4	WEDNESDAY JUNE 29, 2022

  5	(Volume 2)

  6	Commencing at 12:45 p.m.

                                        7

                                        8

  9	For Consideration of Three Separate Waiver

 10	Requests from the California Air Resources

 11	Board (CARB) Regarding its Heavy-Duty

 12	Vehicle and Engine Emission Regulations

 13

 14

 15

 16

 17

 18

 19

 20

 21

 22

 23

 24

  1	INDEX OF SPEAKERS

  2	***	***	***

                                 3	SPEAKERS	PAGE

                                4	ATENAS MENA	145

                                 5	BETA LUGO	145

                             6	JIMMY O'DEA	145

                                7	WAYNE NATRI	148

                            8	JOHN ROBERTO MADRID	151

                              9	JASON QUARANTO	153

                             10	WILLIAM BECKETT	155

                             11	LEVI KAMOLNICK	157

                               12	AVI MERSKY	160

                                13	SAM APPEL	164

                             14	HAZEL CHANDLER	165

                             15	SHELLEY FRANCIS	168

                               16	JENNY GAENG	171

                               17	ERIC FEELEY	173

                             18	DAVID PORTUGAL	176

                         19	JORGE MORALES GUERRERO	179

                               20	NICK TORRES	182

                              21	ANJULI RAMOS	186

                            22	STEPHANIE SEARLE	189

                               23	RAY PINGLE	194

                              24	DONNA ALBERT	197
                                       
  1	INDEX OF SPEAKERS CONTINUED

  2	***	***	***

                                 3	SPEAKER	PAGE

                               4	ALANA LANGDON	203

                              5	JESSICA MOERMAN	207

                              6	AIDAN GERONIMUS	211

                               7	JUDITH BORCZ	213

                              8	OSCAR HAUPTMAN	216

                            9	ELIZABETH HAUPTMAN	218

                             10	ANDREW HAUPTMAN	222

                              11	MIKE THOMPSON	223

                              12	NICOLE MARCOT	226

                               13	KELLY BLYNN	229

                             14	MOLLY GREENBERG	232

                              15	AISHA BALOGUN	235

                              16	CLARE ALFORD	237

                             17	VICTORIA PAYKAR	240

                               18	TOM JORDAN	243

                             19	VEENA DHARMARAJ	247

                              20	JOAN SCHILLER	249

                              21	MARVEN NORMAN	254

                            22	LINDSDY MENDELSON	257

                            23	BRIAN URBASZEWSKI	261

                              24	MORGAN FOLGER	266
                                       
  1	INDEX OF SPEAKERS CONTINUED

  2	***	***	***

  3	SPEAKER	PAGE

  4	BRITT CARMON	272

  5	JAIMINI PAREKH	276

  6	JACK SYMINGTON	280

  7	GABRIELA MENDEZ	281

  8	ANGELIQUE ESPINOZA	283

  9	CERTIFICATE OF REPORTER	289

 10

 11

 12

 13

 14

 15

 16

 17

 18

 19

 20

 21

 22

 23

 24

  1	Virtual Zoom Hearing

  2	Wednesday, June 29, 2022

  3	12:45 p.m. EST

  4	THE MODERATOR:	Okay.	This is Jessica Mroz.

  5	If you are speaking today, please turn off

  6	your microphone.	It is nothing personal, we just want

  7	to make sure everyone has an equal opportunity to

  8	speak today.	And we sure have a lot of speakers to

              9	get through.	We will display the list of registered

 10	speakers arranged by panel so you know when it is your

 11	turn.

 12	If you are speaking today, you will receive a

 13	notification on your screen that you are being

 14	promoted to the role of panelist shortly prior to your

 15	speaking time.	You must click to accept that

 16	invitation to be able to unmute when you are called to

 17	testify.	This will also allow you to turn on your

 18	camera, which we encourage you to do if you feel

 19	comfortable doing so.

 20	Speakers connected by telephone should unmute

 21	their phones by pressing Star-6 when called to

 22	testify.

 23	When called upon, please state your name and

 24	any affiliation, and then begin your testimony.

  1	on Zoom so it's easier for us to find you, you can do

  2	that by clicking the participant button on the Zoom

  3	toolbar at the bottom of your screen.	Hover the mouse

  4	over your name and click on more, and a window will

  5	open allowing you to edit or correct how your name is

  6	displayed.	When done, click OK.

  7	Lastly, if you are having technical

  8	difficulties or are not registered to speak but would

  9	like to do so, those speakers will be accommodated

 10	tomorrow.	Please send an email to

 11	Mroz.Jessica@epa.gov.

 12	So is the EPA panel ready to begin?

 13	MR. DICKINSON:	Jessie, this is David

 14	Dickinson, yes, we are ready to begin. I believe Karl

 15	has joined us here as well.

 16	THE MODERATOR:	Great, I will pass the

 17	moderator duties over to my colleague Kayla Steinberg

 18	to get us started for the afternoon.

 19	THE MODERATOR:	Our next speaker will be

 20	testifying in Spanish.	So I will allow a moment for

 21	our interpreter to switch channels to translate the

 22	testimony into English for the panel.

 23	The next speaker will be Atenas Mena.

 24	Please state your name and your affiliation

  1	(Speaker was in Spanish. English channel was not operating)

  2	THE MODERATOR:	I believe our next two

  3	speakers will also be speaking in Spanish.

  4	The next speaker Ana Ramos.	I do not see

  5	your name on the speaker's list.	If you are here, can

  6	you please raise your hand?	If you are joining by

  7	phone you can do so by pressing Star-9.

  8	Okay.	I don't see you there.	We can move on

  9	to the Beto Lugo.	Please state your name and

 10	affiliation for the record.

 11	(Speaker was in Spanish. English Channel was not operating)

 12	THE MODERATOR:	Thank you for your comment.

 13	Our next speaker will be Jimmy O'Dea.	Please

 14	state your name and affiliation for the record.

 15	MR. O'DEA:	Good afternoon, my name is Jimmy

 16	O'Dea.	And I'm the Deputy Director of the Clean

 17	Trucks Initiative at CALSTART.	We are an

 18	industry-based organization with more than 300 members

 19	dedicated to the growth of the clean transportation

 20	industry.	My comments are informed by members that do

 21	not represent consensus across our membership.

 22	CALSTART urges EPA to grant all the Waivers

 23	being considered today without delay.	The goal to be

  1	protect public health and welfare.

  2	The decision before EPA is far narrower than

              3	when EPA adopts its own regulations.	Section 209(b)

  4	of the Clean Air Act, to source of California's

              5	authority to adopt the regulations being considered

  6	today requires adoptive standards to be consistent

  7	with Section 202(a)(2) of the Clean Air Act, which

  8	they are.

  9	Some would argue that Section 202(a) requires

 10	four-year lead time for California's Regulations.	It

 11	does not.	The Clean Air Act provides no specific

 12	period of required lead time for Regulations adopted

 13	by California.	Instead, Section 202 (a) which EPA has

 14	consistently applied to Waivers for over 50 years

 15	states that a California regulation shall take effect

 16	after a period that the Administrator finds necessary

 17	to permit the development and application of the

 18	requisite technology considering the complaints.	Such

 19	findings are well documented in the record developed

 20	by the California Air Resources Board.

 21	The Advanced Clean Truck Standards, or ACT,

 22	builds on progress made in the zero-emission and

 23	technology over the last several decades and the

  1	Today there are roughly 100 models of

  2	Zero-Emission medium- and heavy-duty vehicles

  3	available for purchase yet only 2,000 Zero-Emission

  4	trucks have been deployed in the last five years.	The

  5	ACT is necessary to accelerate sales of these

  6	vehicles.	This policy will not only reduce emissions,

  7	it will also provide significant savings for fleets.

  8	An estimated 5.9 billion in California alone due to

  9	lower fuel and maintenance costs.

 10	In the six states that have adopted ACT to

 11	date, we project roughly one million Zero-Emission

 12	Class 2b through 8 vehicles sold through 2035.

 13	Beginning at about 6 percent of all truck sales in

 14	2024 and increasing to about 60 percent of sales in

 15	2035.	For reference, there are about 26 million class

 16	2B through 8 vehicles on the road in the United States

 17	today.

 18	Despite the ACT acceleration to Zero-Emission

 19	vehicles, significant numbers of combustion engines

 20	will be continue to be sold into the future making the

 21	Heavy-Duty Omnibus Rule critical to public health.

 22	The Omnibus Rule will result in more than two times

 23	the reductions in NOx emissions as ACT through 2050.

  1	ACT.

                 2	Permission of the adoption of these policies

             3	in California involve rigorous public engagement over

  4	several years by stakeholders of all positions in both

  5	the ACT, and Heavy-Duty Omnibus Policies, public

  6	workshops began in November 2016.	I was there.

  7	Adoption of these policies by the California Air

  8	Resources Board occurred in the summer of 2020 and

  9	implementation will begin in Model Year 2024.

 10	We thank the EPA staff for the opportunity to

 11	provide these comments.	And we urge the administrator

 12	to grant all of the requested Waivers being considered

 13	today so there's no delay in the health, environmental

 14	and economic benefits of adopting these policies in

 15	California and other states.	Thank you.

 16	THE MODERATOR:	Thank you for your comment.

 17	Our next speaker will be Wayne Nastri.

 18	Please state your name and affiliation for the record.

 19	MR. NASTRI:	Good morning or good afternoon.

 20	My name is Wayne Nastri.	I'm the Executive Officer of

 21	the South Coast Air Quality Management District in

 22	Southern California.	We're requesting EPA's

 23	expeditious approval of all of the Waiver Requests

  1	approaching federal deadlines to attain air quality

  2	standards.	On-road heavy duty vehicles remain our

  3	largest source of smog forming emission and

  4	contributes to poor air quality to millions of our

  5	residents.

  6	Over a third of all goods in the nation come

  7	through our twin ports of Los Angeles and Long Beach.

  8	And heavy duty vehicles that are used to move these

  9	goods to our rail yards and warehouses and ultimately

 10	for distribution to the rest of the nation.

 11	These same vehicles serve our nation's supply

 12	chain travel through our local neighborhoods.	And

 13	these frontline environmental justice communities

 14	experience real health outcomes from exposure to air

 15	pollution from heavy duty vehicles, including higher

 16	asthma rates, cardiovascular disease, cancer risk,

 17	premature death and more.

 18	These communities need urgent action from the

 19	Federal government including through full granting of

 20	all Waiver Requests for California that EPA is

 21	considering right now.	Anything less will only

 22	further perpetuate the burdens that these communities

 23	have historically faced.	EPA has ample evidence

  1	in each regulation.	Many of the technologies are

              2	already operating commercially on the roads or well

  3	along the path of commercialization in the timeframes

  4	laid out in these rules.

  5	I say this with confidence because our agency

              6	has provided over 150 million in grant funding for

  7	these cleaner technologies over the past several

               8	years.	Both for the development and demonstration

  9	projects and for commercial deployments.

 10	In conclusion, because our region continues

 11	to face significant public health challenges from air

 12	pollution that exceeds Federal air quality standards

 13	we need EPA to take rapid action on heavy duty

 14	vehicles, both for these Waivers and for the upcoming

 15	EPA heavy duty vehicle Low NOx Rule.	South Coast has

 16	compelling and extraordinary needs for EPA to do its

 17	part and approve these Waiver Requests expeditiously

 18	and in whole.	We urge EPA to act quickly and approve

 19	this request.

 20	And I would just add, if EPA doesn't approve

 21	these requests, then EPA should adopt the proposed

 22	standards so that all can benefit.	Thank you.

 23	THE MODERATOR:	Thank you for your comment.

  1	being promoted to the role of panelist shortly before

  2	your speaking time.	You must click to accept that

  3	invitation in order to able to unmute when you are

  4	called to testify.	This will also allow you to turn

  5	on your camera which we encourage you to do.

  6	Speakers connected by telephone should unmute

  7	their phones by pressing Star-6 when called to

  8	testify.

  9	Also as a reminder, please speak slowly and

 10	clearly so the court reporter and interpreters can

 11	accurately capture your testimony.

 12	Our next speaker will Juan Roberto Madrid.

 13	Please state your name and affiliation for the record.

 14	MR. MADRID:	Yes.	Thank you.	My name is

 15	John Roberto Madrid.	I'm the GreenLatinos Clean

 16	Transportation and Energy Policy advocate for the

 17	State of Colorado.	GreenLatinos is a national

 18	nonprofit comunidad of Latino environmental and

 19	conservation champions fighting against climate change

 20	and environmental degradation that intensifies

 21	systemic social, health and economic injustices in our

 22	communities.	We use our cultural connections, shared

 23	resources and collective power to advocate for Latino

  1	Public Health Association, the oldest and largest

             2	nonprofit public health association of public health

  3	professionals in the state of Colorado.

  4	I'm here today because I'm concerned about

             5	medium- and heavy-duty trucks that represent not only

  6	a climate issue, but they are also a major public

  7	health problem.	Environmental justice communities

  8	suffer a disproportionate burden of pollution from

  9	medium- and heavy-duty trucks that often travel in and

 10	out of disproportionately impacted communities.

 11	We know that diesel emissions are responsible

 12	for dangerous levels of nitrous -- nitrogen oxide and

 13	fine particulate matter.	Fine particulate matter that

 14	increases the risk of heart disease, diabetes, asthma

 15	and respiratory disease.	A recent Health Effects

 16	Institute report released on January 26 of 2022, which

 17	is the result of a 16-year study reports a 6 to

 18	8 percent increase in mortality for ten micrograms per

 19	cubic meter increase in pm 2.5 exposure and the

 20	increases were higher among minority groups.

 21	Here in Metro Denver, we have seen this issue

 22	amplified and, in fact, Metro Denver area air quality

 23	was recently downgraded by EPA from serious

             1	communities that suffer the greatest impact in these

  2	so-called diesel death zones.

  3	Colorado is poised to adopt the California

  4	Advanced Clean Trucks Low NOx Heavy Duty Omnibus Rule

  5	as a part of our State's goals in reducing greenhouse

  6	gas emissions.	And we urge the EPA to approve

  7	California's Waive as this will allow Colorado to

  8	adopt the rule and address major air pollution sources

  9	in our state.	This is an environmental injustice and

 10	a health issue.	It is past the time that we put the

 11	health of Americans above profits for industries that

 12	seek to block these Waivers.

 13	Thank you for the opportunity to testify

 14	today and I urge EPA to fully grant California's

 15	Waiver for the Advanced Clean Trucks zero-emission

 16	Airport Shuttle and zero-emission-Emission Powertrain

 17	Certification Regulation for the Omnibus Low NOx

 18	Regulation and the Heavy Duty Emissions Warranty

 19	Regulation.	Thank you.

 20	THE MODERATOR:	Thank you for your comment.

 21	Our next speaker will be Jason Quaranto.	Please state

 22	your name and your affiliation for the court reporter.

  1	commercial vehicles headquartered in Honeoye, New

  2	York.	I want to thank you the Environmental

  3	Protection Agency for the opportunity to testify in

  4	support of the Advanced Clean Truck Rule Waiver the

                5	State of California has submitted.	At Hyzon, we

  6	believe the Advanced Clean Truck Rule is an important

               7	tool for the State as it seeks to meet its State

  8	Implementation Plan under the Clean Air Act.

                    9	California estimates that approximately

 10	34 percent of NOx emissions generated in the state

 11	comes from vehicles that will be impacted by the

 12	Advanced Clean Truck Rule.	This means more than

 13	one-third of the NOx emissions comes from about

 14	3 percent of all registered vehicles in California.

 15	This significant number generated by comparatively

 16	small number of vehicles shows the need for the

 17	accelerated deployment of zero-emission-Emission

 18	vehicles in the medium- and heavy-duty commercial

 19	space.

 20	Currently, over 15 million people live in

 21	8-hour ozone nonattainment areas in California.	They

 22	need viable options to reduce NOx and Volatile Organic

  1	pollutants.	The Advanced Clean Truck Rule coupled

  2	with the subsidy programs for commercial vehicle

  3	owners who choose Zero-Emissions options in

  4	California, provide a clear path to meaningful

  5	improvements in air quality for millions of

  6	Californians.

  7	There will be some who will argue that now is

  8	not the time, that the technology isn't ready yet, or

  9	that it is unfair to impose this burden on businesses.

 10	However, with the average price of diesel approaching

 11	$6.90 a gallon in California, the Karl Moyer and HVIP

 12	Subsidy Programs for commercial vehicle owners in the

 13	State, and the advances in hydrogen fuel cell and

 14	battery electric powertrains, there is a clear path

 15	forward for companies that want to meet the Advanced

 16	Clean Truck Rule.

 17	Again, I want to think the Environmental

 18	Protection Agency for the opportunity to testify and

 19	urge the swift approval of this Waiver Request.

 20	THE MODERATOR:	Thank you for your comments.

 21	Our next speaker is William Beckett.	Please state

 22	your name and affiliation for the record.

  1	faculty of Harvard Medical School.

  2	I am here today to speak in favor of giving

  3	the State of California Waivers under the Clean Air

  4	Act to enforce critical truck emission standards.	I

  5	say this as a Board Certified lung doctor who has

  6	spent many years both treating patients with lung

  7	diseases including many with asthma.	And also doing

  8	research on the health effects of air pollution

  9	including the effect of NOx and particles.

 10	Simply put, California has successfully

 11	reduced air pollution health effects for its citizens.

 12	But, California has further to go in protecting

 13	health.	We know, for example, from excellent research

 14	conducted in California, that children with asthma who

 15	live near roads with heavy truck traffic have worse

 16	asthma, lose more time from school, and need more

 17	asthma medication than children living farther away

 18	from truck traffic who have asthma.	Much more needs

 19	to be done to protect these vulnerable children.

 20	California has world class scientists guiding

 21	its pollution prevention programs through the

 22	California Air Resources Board.	And California has

              1	have been so successful that many other states have

              2	followed their lead.	EPA, by granting these Waivers

             3	to California, will make a big step in achieving its

              4	mission of protecting the public health.	Thank you.

                  5	THE MODERATOR:	Thank you for your comment.

                  6	Our next speaker is Levi Kamolnick.	Please

  7	state your name and affiliation for the record.

                   8	MR. KAMOLNICK:	My name is Levi Kamolnick,

               9	speaking on behalf of Ceres.	Ceres is a nonprofit

            10	organization transforming the economy to build a just

             11	and sustainable future to people and the planet.	We

            12	work with the most influential capital market leaders

 13	to solve the world's greatest sustainability

 14	challenges.	Our Ceres policy network and Ceres

            15	company network bring together large consumer brands

            16	working to reduce their carbon footprints and engage

 17	with policymakers in the interest of doing so.

                 18	Ceres is also the organizational founder of

 19	Climate Action 100+, an investor initiative working

 20	with 615 investors and $55 trillion in assets under

 21	management to ensure the largest emitters taking

            22	necessary action on climate as well as the corporate
                                       
  1	We strongly urge the Environmental Protection

  2	Agency to grant California Full Waivers under the

  3	Clean Air Act for its Heavy-Duty Engine and Omnibus

             4	Regulation, and its Advanced Clean Truck Regulation.

  5	We believe these rules are necessary to address

  6	significant climate and public health concerns

  7	associated with the truck sector.	And we also promote

  8	a globally competitive U.S. trucking industry.

  9	Contrary to industry claims, there is in fact

 10	ample precedence for California to implement these

 11	Regulations under shorter time frames than those

 12	provided by the Clean Air Act for Federal Standards.

 13	Medium- and heavy-duty vehicles are among the largest

 14	greenhouse gas emissions sources in the transportation

 15	sector.	And their emissions are projected to

 16	materially increase in the years to come.

 17	Medium- and heavy-duty vehicles are also the

 18	largest source of nitrogen oxide or NOx emissions in

 19	the transportation sector and harmful concentrations

 20	of particulate matter, ozone and other potent toxins.

 21	Failure to grant California's Waiver will

 22	have devastating consequences for California and for

  1	as well as improve air quality for disadvantaged

  2	communities that have long borne the brunt of truck

  3	pollution.

                   4	A recent Ceres analysis demonstrated that

              5	although many vehicle classes are increasing their

  6	price competitiveness with their gasoline-powered

  7	counterparts, preserving the Advanced Clean Truck Rule

  8	in California and other states will drive economies of

  9	scale that will reduce costs and accelerate the

 10	necessary transition to electrification.	Given that

 11	it does not appear that a federal

 12	zero-emission-Emission vehicle mandate will be adopted

 13	in the near future, preserving California's Truck

 14	Standards is more important than ever to ensure the

 15	rapid electrification of this sector which in turn

 16	will provide significant cost savings for businesses

 17	in addition to enabling the U.S. to meet climate and

 18	air quality goals.

 19	In sum, Ceres strongly urges the

 20	Environmental Protection Agency to grant California's

 21	Request for Waiver which will play a significant role

 22	in reducing the climate, public health, equity and

  1	As a reminder, if you are speaking today, you

  2	will receive a notification on your screen that you

  3	are being promoted to the role of panelist shortly

  4	prior to your speaking time.	You must click to accept

  5	that invitation to be able unmute when you are called

  6	to testify.	This will also allow you to turn on your

  7	camera, which we encourage you to do.

  8	Speakers connected by telephone should unmute

  9	their phones by pressing Star-6 when called to

 10	testify.

 11	Also, as a reminder, please speak slowly and

 12	clearly so the court reporter and interpreters can

 13	accurately capture your testimony.

 14	Our next speaker will be Avi Mersky.	Please

 15	state your name and affiliation for the record.

 16	MR. MERSKY:	Thank you.	I am Avi Mersky,

 17	speaking on behalf of the American Council for an

 18	Energy-Efficient Economy.	We welcome the opportunity

 19	to testify today on EPA's consideration of

 20	California's Waiver Request and for many other states

 21	heavy-duty vehicle emission regulations.	While, for

 22	time's sake, our testimony will focus on the ACT and

  1	Rules for which California is seeking waivers are at

  2	least as stringent as the Federal Rules, whether

  3	California needs these rules to meet compelling and

  4	extraordinary conditions under the proposals put forth

  5	and standards that are technologically feasible.

  6	With regards to stringency, California's

  7	Rules under consideration clearly go above and beyond

  8	the Federal NOx and GHG emission programs.

  9	Regarding the need for these Rules, half of

 10	California's total population lives in counties that

 11	are noncompliant with the National Ambient Air Quality

 12	Standards.	Twenty percent in extreme noncompliance

 13	for at least one pollutant.	Heavy-duty vehicles

 14	represent a major source of GHG and NOx as well as

 15	other criteria air pollutant emissions.

 16	California is the first stop for a growing

 17	number of goods imported into the country that will be

 18	hauled by a GHG vehicle at least once if not once at

 19	the port, if not for the whole trip, not allowing

 20	California to address the problems arising from its

 21	unique place in the U.S. trade market will result in

 22	its citizens living with severe health conditions

  1	this is evidenced by official statements from

  2	manufacturers who have announced schedules for

  3	heavy-duty electric vehicle production.	Volvo has

  4	announced a target for of 50-percent heavy-duty

  5	vehicle electrification by 2030.	As has Scania.

  6	Other manufacturers have pledged similarly ambitious

  7	timelines.	Academic analysis suggests that similar

  8	electrification schedules are likely with NREL

  9	predicting 42 percent of electrification of heavy-duty

 10	vehicles by 2030.	These numbers or in or beyond the

 11	30 to 50 percent by 2030 of penetration rate by 2030

 12	that ACT requires.

 13	The Rules feasibility is further supported by

 14	the stringent and standardized rate that California

 15	maintains, which is comparable to EPA's own.	CARB has

 16	run cost benefit, environmental impact, and technical

 17	feasibility and market time analyses for each of these

 18	Rules followed by an extensive period for public

 19	comments and full revisions.

 20	These Waivers do not matter only to

 21	California.	California's ability to balance public

 22	health, environments, technical feasibility and a net

             1	state agencies have carried out their own regulatory

  2	review of the rule and decided to adopt it.	And three

  3	additional states are in the process of doing so.

               4	One additional state has decided that CARB's

  5	own reviewing process is sufficient enough evidence to

              6	adopt the ACT.	These states are looking at the risk

             7	of polluting heavy-duty vehicles to their communities

  8	and are taking these actions because they are

  9	administrations accountable to their citizens know

 10	that these rules are the best options that their

 11	states have to protect their constituent's health.

 12	ACEEE would like to once again thank the EPA

 13	for the opportunity to speak today.	If EPA has any

 14	questions please do not hesitate to contact us.

 15	THE MODERATOR:	Thank you for your comment.

 16	Our next speak will be Valencia Bednar, but I

 17	can't find you in the list of attendees.	Can you

 18	please raise your hand if you joined under a different

 19	name.	If you joined by phone, you can select Star-9

 20	to raise your hand.	Thank you.	I think you might not

 21	be here.

 22	So then we can move on to Marjaneh Moini.	I

  1	If you join later or trying to join now, we

  2	can try and get you later.

  3	Our next speaker will be Sam Appel.	Please

  4	state your name and affiliation for the record.

  5	MR. APPEL:	Good morning or good afternoon,

  6	east coast time.	My name is Sam Appel.	I'm the

  7	California State Manager for the BlueGreen Alliance.

  8	Thank you for the opportunity to comment.	BlueGreen

  9	Alliance in an alliance of ten national unions of

 10	large environmental organizations, working at the

 11	intersection of economic and environmental issues with

 12	relevance to working people across this country.

 13	The BGA coalition works on both National and

 14	State-based transportation policies, and has supported

 15	California as a national leader in advancing our

 16	National Clean Vehicle Agenda.	California has put

 17	forward nation and world leading EPA emissions

 18	standards Rules when the Federal government had been

 19	deadlocked by partisanship on this issue.	That

 20	mission must continue.

 21	The California Air Resources Board has

 22	engaged labor unions and working people to advanced

  1	California's leadership, the U.S. will inevitably fall

  2	even further behind on greenhouse gas emissions goals,

             3	pollution emissions and climate progress in the face

             4	of existential threats to our state, country and the

  5	world.	This is an outcome neither Californians,

  6	Americans nor anyone in the world can afford.

  7	We respectfully request that the

             8	Environmental Protection Agency grant California the

             9	Clean Air Waivers under consideration to continue to

 10	fulfill its critical mission to protect people and the

 11	planet.	Thank for your consideration.

 12	THE MODERATOR:	Thank you for your comment.

 13	Our next speaker is Jenny Gaeng.	However, I can not

 14	find you in the list of attendees so please raise your

 15	hand if you joined under a different name.	If you

 16	joined by phone, you can select Star-9 to raise your

 17	hand.

 18	Our next speaker will be Hazel Chandler.

 19	Please state your name and your affiliation for the

 20	record.

 21	MS. CHANDLER:	Hi.	I'm Hazel Chandler.	I am

 22	a field organizer for Moms Clear Air Force in Arizona.

  1	of air quality issues on my health and the health of

  2	the children in our state.	While I live in the

  3	neighboring state, the California regulations have

  4	significant impact on Arizona.	Many of the trucks on

  5	our roads are licensed in California.	Ozone pollution

  6	does not stop at the state lines.	I want to thank you

  7	this administration for acting swiftly on clean

  8	trucks, but I want to urge EPA to approve California's

  9	Waivers Request in full.

 10	We need clean air as soon as possible.	And

 11	California's authority under the Clean Air Act to set

 12	more stringent emission standards are crucial to

 13	cleaning the air throughout the Section 177 states and

 14	actually probably all of our country.

 15	Vehicle manufacturers have the technology to

 16	meet these goals.	And recent analysis showed that

 17	zero-emission-Emission trucks will be cleaner to

 18	purchase and operate than diesel trucks within the

 19	time frames of the standards.	The climate crisis is

 20	harming our families and our communities today.	And

 21	the medium- and heavy-duty vehicles are a major

 22	contributor to this pollution.	In fact, despite only

  1	the transportation sectors.

  2	Trucks are also a source of other major

  3	deadly air pollution -- excuse me -- uhm, this impacts

  4	our communities of color disproportionate

  5	disproportionately and many of our children, black and

  6	latino children, and low income communities are living

  7	in what's called the Diesel Death Zone.	I know that

  8	personally because I've done studies on asthma in our

  9	communities and we found those along with the

 10	corridors that have the most diesel truck emissions

 11	have much higher asthma rates, sometimes in the 20 and

 12	25 and 30 percent range than the rest of the city.

 13	The residents of Arizona, especially those

 14	living in Maricopa County have been plagued with

 15	health impacts, both climate change and air pollution.

 16	We consistently have been an F on the American Lung

 17	Association grades for air quality.	And we are the

 18	fifth worst on ozone and eleventh worth on particle

 19	pollution and eighth worst on annual particle

 20	pollution.

 21	The air we breathe is harming us.	But it is

 22	especially harming our children and our elderly.	Air

  1	tools to be -- to be used to fight back against

  2	dangerous air pollution and raising diesel prices and

  3	increase the cost of goods to continue inflation and

  4	wreck havoc on our family and business budgets.

  5	Please approve the Waiver Request without

  6	delay.	Thank you very much for the opportunity to

  7	testify.

  8	THE MODERATOR:	Thank you for your comment.

  9	Our next speaker is Shelley Francis.	Please state

 10	your name and affiliation for the record.

 11	MS. FRANCIS:	Good afternoon.	My name is

 12	Dr. Shelley Francis and I'm co-executive director of

 13	EVHybridNoire.	Thank you for the opportunity to

 14	testify this morning -- or this afternoon.

 15	As I said, I'm the co-founder and Executive

 16	Director of EVHybridNoire.	We're a membership-based

 17	national 501(c)(3) nonprofit with thousands of members

 18	across the United States as well as globally.	Our

 19	mission is to increase awareness of multi-motor

 20	electric vehicles and accelerate their adoption in a

 21	manner that all communities have access to this

 22	E-mobility.

  1	community.

  2	Today I'm here, first as a concerned citizen,

  3	and then second as a public health E-mobility expert.

  4	I want to thank the administration for making it a

              5	priority to create the strongest possible limits on

  6	heavy-duty vehicle pollution.	The standards, here in

              7	my state, and in the states and cities that we work

  8	in, will begin to provide much needed relief from the

  9	burden of diesel fumes and air pollution.

 10	Vehicle manufacturers have the technology to

 11	meet stronger standards but have failed or many have

 12	failed to act on their own without the guiding hand of

 13	the EPA.

 14	I am particularly concerned about

 15	transportation driven air pollution.	As a child, I

 16	was very active, loved to play outside with my

 17	friends, and play a variety of sports.	It was only a

 18	few years ago, however, that I began to use an inhaler

 19	and began experiencing respiratory issues.	I don't

 20	live next to transportation corridor.	I don't live

 21	next to a refinery.	I don't live next to a port.	But

 22	imagine if I did.	I have to now be careful when the

  1	is also quite personal for me.

  2	This Rule has set the standard for vehicles

  3	which will be on the road for decades to come.	And

  4	families in diesel death zones and environmental

  5	justice communities, whether they are in West Oakland,

  6	whether they are in West Harlem, cancer alley Houston,

  7	or even rural North Carolina, or they have suffered

  8	for far too long and, as a result, face increased risk

  9	for cardiovascular disease, lung disease, and lung

 10	cancer as well as other respiratory illnesses.

 11	Diesel emissions caused nearly 21,000 -- and

 12	I'll repeat that.	Diesel emissions cause nearly

 13	21,000 premature deaths each year and impact nearly

 14	135 million Americans, with the majority of these

 15	individuals belonging to what we refer to as BIPOC

 16	community or front line communities.	So echoing what

 17	many of my colleagues have said in their comments.	I

 18	like to refer to this as the public health crisis that

 19	not enough people are talking about.

 20	So in conclusion, once again, I want to

 21	strongly urge and encourage this administration to

 22	set -- to allow us to have the strongest standards

             1	need to reduce these deadly pollution by at least 95

              2	percent within the next five years and really fully

              3	realize positive health impacts of what 100 percent

  4	zero-emission-Emission vehicle fleets.

                  5	If the administration wants to make good on

  6	its bold climate goals, it will have to prioritize

              7	people and communities first; not industry demands.

  8	So thank you again for the opportunity to

  9	testify.

                 10	THE MODERATOR:	Thank you for your comment.

 11	Our next speaker Jenny Gaeng.	Can you state

 12	your name and affiliation for the record.	Remember to

 13	speak slowly and clearly so that the court reporter

 14	and interpreters can accurately capture your

 15	testimony.

 16	MS. GAENG:	Thank you very much.	My name is

 17	Jenny Gaeng, and I live in Denver, Colorado.	I'm the

 18	transportation manager for Conservation Colorado, a

 19	political advocacy group fighting for Colorado's land,

 20	air, water in communities.

 21	For the past year, I've working on our

 22	State's implementation of the Advanced Clean Trucks

  1	will allow us to adopt these Rules.

  2	This administration has made a commitment to

  3	environmental justice, and allowing the Clean Truck

              4	Rule is a simple way to follow-through.	Coloradoans

  5	do not just want these rules, we need them.	In our

  6	State, the urgency of the climate and air quality

  7	crises is felt through environment violence and utter

  8	devastation.	From unprecedented wildfires that

  9	destroy thousands of homes in the dead of winter to

 10	the daily lives of communities in freight corridors

 11	that live with elevated rates of asthma, respiratory

 12	illness, cardiovascular disease, cancer, premature

 13	death and increased likelihood of deaths from Covid

 14	19.

 15	In the Denver metro area, medium- and

 16	heavy-duty vehicles contribute 24.3 of on-road NOx

 17	emissions despite accounting for less than 2 percent

 18	of vehicle miles traveled.	These freight adjacent

 19	communities are overwhelmingly low income and

 20	populated by Latinx, Black, indigenous, and other

 21	people of color.	They are disproportionately impacted

 22	not only by transportation, but air pollution from the

                 1	Therefore, it comes as no surprise that this

  2	year the EPA downgraded the Denver area Ozone

             3	non-attainment status from serious to severe.	In the

             4	fight against air pollution, our lives are literally

             5	on the line.	Now, we ask you to allow us to take the

  6	steps required to protect ourselves and our

  7	communities.	Thank you.

                  8	THE MODERATOR:	Thank you for your comment.

                  9	Our next speaker is Eric Feeley.	State your

 10	name and affiliation for the record.

 11	MR. FEELEY:	Good afternoon.	My name is Eric

 12	Feeley.	I am testifying on behalf of the Oregon

 13	Department of Environmental Quality where I am an air

 14	quality planner.

 15	As you heard from other officials and others

 16	during testimony this morning, the suite of California

 17	heavy-duty standards that we're discussing, all of the

 18	Operable Clean Air Act Waiver criteria.	Therefore,

 19	EPA should approve these Waiver Requests without

 20	delay.

 21	After many years of effort on their Low NOx

 22	Omnibus Regulation, California has demonstrated its

  1	90 percent reduction in NOx emissions for Engine Model

  2	Year 2027.	In addition, California's Advanced Clean

  3	Truck Rule is also feasible and puts us on a path to a

  4	zero-emission future that's clearly needed.

  5	Now why is it important for Oregon that EPA

  6	grants California's Waiver Requests.	Well, the

  7	significant reduction in emissions that will be

  8	realized with these Rules is necessary for communities

  9	in Oregon that continue to face a disproportionate

 10	impact for diesel emissions within our state.

 11	On-the-road diesel engines have a significant impact

 12	on neighborhoods close to warehouses, ports, rail

 13	yards, construction activity and major roadways.

 14	These neighborhoods are often where larger percentages

 15	of blacks, indigenous, and people of color live due to

 16	economic, social and historical factors.

 17	EPA is aware of these disproportionate

 18	impacts and should recognize these communities need

 19	the strongest possible standards to reduce their

 20	outside pollution burden.

 21	Now, over the years, Oregon has had

 22	difficulty in reducing emissions from the medium- and

              1	vehicle emission standards possible.	In Oregon, we

              2	have seen the decade-long downward trend of ambient

             3	ozone concentrations stabilized despite our status as

  4	a Section 177 state and our adoption of several of

  5	California's Rules including those we're talking about

              6	today.	It remains likely that we will see increases

  7	in ozone concentrations due to ongoing climate warming

              8	and increased interstate transportation.	Here there

  9	is a strong likelihood we will see a reduction for the

 10	national ambient air quality standard for ozone in the

 11	short term and Oregon would be at a greater risk of

 12	losing its attainment status in several communities

 13	should EPA deny these Waivers.

 14	Oregon has been working hard to address these

 15	pollutions.	In 2019, Oregon adopted the second

 16	strongest diesel regulation in the nation and will

 17	begin phasing out older model medium- and heavy-duty

 18	vehicle powered trucks in the Portland metro region

 19	starting next year.

 20	However, the effort to address pollution from

 21	legacy diesel engines must be paired with strong, new

 22	vehicle standards to be most effective.	California

  1	Finally, last August President Biden directed

  2	EPA to coordinate with California and other states

  3	that are leading the way in reducing pollution from

  4	the heavy-duty on-road sector.	For all these reasons

  5	described, we urge EPA to grant these Waiver Requests

  6	and recognize the enormous amount of effort, research,

  7	and public outreach necessary to adopt these Rules as

  8	well as lasting benefits that they will have on many

  9	of our communities.	Thank you for your attention.

 10	THE MODERATOR:	Thank you for your comment.

 11	Our next speaker will be David Portugal.

 12	State your name and affiliation for the record.

 13	MR. PORTUGAL:	Good morning.	My name is

 14	David Portugal.	I'm a Community organizer for Chispa,

 15	Arizona.	And has been stated several times today, air

 16	pollution is the leading environmental cause of

 17	disease and death, especially people of color who are

 18	disproportionately more likely to breathe hazardous

 19	air and suffer from more health issues as a

 20	consequence.

 21	I was born and raised in South Central Los

 22	Angeles and can speak firsthand of the health

             1	symptoms but my ability to enjoy playing outside.	It

             2	affected my education and impacted my mental health.

  3	No child should have to experience the panic of not

  4	being able to breathe.

                  5	Because the government played a significant

  6	role in creating these conditions because of practices

  7	with redlining, it has a moral obligation to remedy

              8	these injustices.	I do not claim to have a complete

  9	understanding of the predicted economic impact of

 10	stricter regulation.	What I do know, economic growth

 11	in this country has, and specifically Los Angeles, has

 12	been subsidized by the health of black and brown

 13	families nor generations.

 14	With rising inflation, every dollar counts

 15	for working class families.	Transitioning to electric

 16	heavy-duty and medium trucks and buses would save us

 17	$485 billion in health and environmental costs.	It is

 18	not only in the best health interests of our

 19	communities, but also the economic interests for us to

 20	transition to electric vehicles.	California's request

 21	for Waiver to adopt its Advanced Clean Trucks meets

 22	the clean air requirements of the Clean Air Act.

  1	step towards the administration's justice for the

  2	initiative.

                  3	The climate crisis is just that:	A crisis,

  4	due to generations of inaction and doing the bare

             5	minimum.	I would like to be able to tell my children

  6	that we did more than the bare minimum in trying to

  7	combat the realties of a climate crisis.

                 8	The EPA has the power to approve this Waiver

  9	as it has done in the past and clean up our air saving

 10	thousands of lives.	I implore you to approve this

 11	Waiver.	And thank you for the opportunity to comment.

 12	THE MODERATOR:	Thank you for your comment.

 13	At this time we have no more scheduled speakers during

 14	this block.	If there is anyone scheduled on this

 15	block from an earlier panel that was unable to speak,

 16	raise your hand or dial 9, Star-9, if you have joined

 17	us by phone.

 18	In the meantime, just a reminder that if you

 19	are speaking today, you will receive a notification on

 20	your screen that you are being promoted to the role of

 21	panelist shortly prior to your speaking time.	You

 22	must click to accept that invitation to unmute when

  1	their phones by pressing Star-6 when called to

  2	testify.	We also ask that you speak slowly and

  3	clearly so that the court reporter and interpreters

  4	can accurately capture your testimony.

  5	I don't see any hands raised.	So I am going

  6	to move on to the next speaker block and my colleague

  7	Jessie Mroz will moderate that.

  8	THE MODERATOR:	Our next speaker will be

  9	Jorge Morales Guerrero.	State your name and

 10	affiliation for the record.

 11	MR. GUERRERO:	Hello, everyone.	My name is

 12	Jorge Morales Guerrero.	I am here as a community

 13	member with Chispa Arizona to represent the Latinx

 14	community.

 15	As a member of the Latinx community, I am

 16	aware of the inequalities that we face as minorities

 17	living in the U.S.	For example, people of color are

 18	over 60 percent more likely to breathe in unhealthy

 19	air than white people.

 20	The government has played a significant role

 21	in creating this harmful conditions of racist

 22	practices like redlining as have been said before.

  1	for initiatives and policies that secure a better air

  2	quality for me and my loved ones.	The EPA has the

  3	power to set Zero-Emissions Clean Trucks Rule that

  4	would clean up our air.	By transitioning to electric

              5	trucks and buses, we could we move life-threatening

  6	pollution from our communities.

  7	In this hearing I would like to point out

              8	many things.	One, zero-emission-Emission trucks and

  9	buses are crucial to reducing harmful emissions

 10	stemming back to my community disproportionately.

 11	Two, EPA must adopt strick and aggressive standards to

 12	relieve communities of color who are facing harmful

 13	pollution levels.	And three, Zero-Emission trucks and

 14	buses will help working class families in our economy.

 15	To take full action on air means to protect our health

 16	and safety.

 17	Now, I will explain each of these points in

 18	detail.	First, Zero-Emission trucks and buses are the

 19	best way to reduce harmful emissions that impact our

 20	health and is disproportionately affecting communities

 21	of color.	This transportation sector is the largest

 22	contributor to pollution and large trucks and buses

  1	pollution in our communities.

  2	Transportation pollution not only worsens the

  3	effects of planet change -- of climate change leading

  4	to more intensive wildfires, droughts, hurricanes, et

  5	cetera.	But it also harms our health in quality of

  6	life.	This is important for the health of our

  7	community and future generations.

  8	Second, the EPA must adopt the strictest

  9	clean truck standards to provide relief for

 10	communities of color facing harmful pollution levels.

 11	Air pollution is the leading environmental cause of

 12	disease and death especially for people of color who

 13	are more disproportionately more likely to breathe

 14	outside air and suffer from health issues as a

 15	consequence.

 16	Low income and communities of color are most

 17	impacted by air pollution.	With every breath we take,

 18	children and families of color are getting sicker in

 19	these neighborhoods.	Transitioning to trucks and

 20	buses with zero-emissions will address centuries of

 21	environmental racism.	The EPA must go beyond the bare

 22	minimum to achieve the transformational change our

  1	parties and their quality of life and will endanger

  2	the futures of our children.

  3	Third, the zero-emission-Emission trucks and

  4	buses will help working class families and our

  5	economy.	Since everything right now is getting more

  6	expensive, every dollar counts for working class

  7	families.	Transitioning to zero-emission-Emission

  8	heavy-duty trucks and medium trucks and buses can save

  9	billions of dollars in health and environment costs.

 10	This is not only in the best health interest of our

 11	communities, but also it has an economic impact for us

 12	and -- for us all.	This is a call on the EPA to pass

 13	this Rule.	Thank you very much.

 14	THE MODERATOR:	Thank you for your comment.

 15	Our next speaker will be Nick Torres.	Please

 16	state your name and affiliation for the record.

 17	MR. TORRES:	Good afternoon.	I am Nick

 18	Torres, Advocacy Director for the American Lung

 19	Association in Colorado, Utah and Wyoming.	And I

 20	appreciate the opportunity to offer comments and

 21	strong support of the U.S. Environmental Protection

 22	Agency granting California's Cleaner Truck Waivers

  1	granted over five decades ago, California has adopted

  2	policies to protect its residents from harmful air

  3	pollution.	Cutting emissions from trucking and other

  4	heavy-duty vehicles is vital to improving public

  5	health, reducing health disparities and reducing

  6	climate pollutants from the trucking industry.	These

  7	steps have resonated beyond California, as you heard

  8	today from many other states, and these policies reach

  9	residents throughout the country including in my home

 10	state of Colorado, who are able to opt in to these

 11	programs.

 12	So I urge the EPA to grant these Waivers

 13	immediately so that California and other states can

 14	move forward with these life-saving Rules.	These

 15	policies carry far-reaching effects in terms of

 16	environmental justice, reducing pollution, and

 17	protecting the health of many vulnerable communities.

 18	The trucking sector is the major source of

 19	regional air pollution that threatens health despite

 20	trucks making up a small percentage of on-road vehicle

 21	population.	According to the American Lung

 22	Association State of the Air 2022 report, 137 million

  1	community impacted by unhealthy air.	So opting in to

  2	California's programs will help us to ensure that

  3	these communities are no longer disproportionately

  4	burdened with emissions from the trucking sector.

  5	The Lung Association's State of the Air

  6	Report further notes that a person of color in the

  7	United States is 61 percent more likely to live in a

  8	community with failing air pollution and over three

  9	times more likely to live in a community with the

 10	worst level of air quality.

 11	The EPA's own data outlined in the

 12	Transportation Pollution and Environmental Justice

 13	Fact Sheet shows that 72 million Americans live in --

 14	near major trucking routes and those people tend to be

 15	lower income and people of color.

 16	California's Waivers are crucial for our

 17	nationwide transition to zero-emission-Emission

 18	transportation and to realize the significant health

 19	benefits that could come from the extension of

 20	zero-emission-Emission technologies.

 21	We strongly support EPA approving these

 22	Waivers to ensure progress is made to achieving these

  1	enjoy the benefits of cleaner engines and

              2	zero-emission-Emission technologies.	Colorado faces

  3	significant ozone pollution burdens and needs to take

  4	more actions to achieve clean air for all of our

  5	residents.

  6	The Lung Association estimates that Colorado

  7	could experience $9.5 billion in health benefits

  8	through the shift to zero-emission-Emission

  9	technologies and we are committed to pushing Colorado

 10	to act on these Rules so all Coloradoans, especially

 11	our most vulnerable residents are breathing cleaner

 12	air.

 13	Now I would like to speak personally as a new

 14	father.	Having my son has giving me renewed purpose

 15	to make sure his generation and all those who follow

 16	can have healthy air to breathe.	As new parents, my

 17	wife and I sometimes abscess over our son's

 18	milestones.	Is his neck strong enough, why isn't he

 19	rolling over more, and sometimes we just have to check

 20	to make sure he's still breathing at night, you know.

 21	We're obsessive.

 22	I think about every breath that he inhales is

  1	respiratory immune systems.	I will never forget, of

  2	course when he was born, but he was born just days

  3	before the massive Marshall fire, a wildfire in

  4	Colorado that affected our community.	And we know

  5	that these extreme wildfires and climate events will

  6	continue to happen unless we take decisive action.

  7	The transition to zero-emission-Emission

  8	transportation is such a critical step in meeting

  9	Clean Air and Climate Standards for future

 10	generations.	Granting California these Waivers for

 11	cleaner trucks and heavy-duty vehicles will carry

 12	far-reaching public health benefits, particularly for

 13	the most vulnerable among us.

 14	And so I would urge EPA to grant these

 15	Waivers without delay.	Thank you.

 16	THE MODERATOR:	Thank you for your comment.

 17	Our next speak will be Anjuli Ramos.	State

 18	your name and affiliation.

 19	MS. RAMOS:	I am Anjuli Ramos.	I am the New

 20	Jersey State Director for the Sierra Club.	Thank you

 21	for the opportunity to testify today.	I am going to

 22	assume you can all hear me.

  1	and urge the EPA to approve California's Waiver

  2	Request in full allowing the state to create the

  3	strongest possible limits on heavy-duty vehicle

              4	pollution and Rules to accelerate the transition to

  5	zero-emission vehicles.

  6	We need to clean the air as soon as possible

  7	and California's authority under the Clean Air Act to

             8	set more stringent emission standards are crucial to

              9	cleaning the air throughout all Section 177 states.

 10	Vehicle manufacturers have the technology to meet the

 11	goals of California's Rules and many recent analyses

 12	have shown that fully zero-emission-Emission trucks

 13	will be cheaper to purchase and operate than diesel

 14	trucks within the timeframe of these standards.

 15	In New Jersey, we are one of the 177 states.

 16	We adopted this past December the Advanced Clean

 17	Trucks Rule.	And with the states that have adopted it

 18	already and the ones that are considering to adopt

 19	soon, it makes up more than 20 percent of the national

 20	fleet of medium- and heavy-duty trucks.	That is huge

 21	for our country's air quality.

 22	The EPA's potential denial of California's

             1	our air is a necessary step in addressing the effects

             2	of environmental racism and providing relief to front

  3	line communities in bright corridors.

  4	Giving states that option to adopt the

             5	earliest and strongest possible clean electric truck

  6	standards is necessary to fight environment racism and

  7	provide relief to these corridor communities as I

  8	mentioned earlier.	Truck companies are already

              9	investing in this technology.	Pilot programs across

 10	the country have proven that electric trucks and

 11	cleaner diesel are ready for the marketplace.	Fleets

 12	are already putting in orders.	There's no reason to

 13	delay the elimination of these life-saving cleaner

 14	truck technologies.

 15	States have a responsibility to protect their

 16	citizens.	Clean truck standards are a major tool used

 17	to fight back against dangerous air pollution and

 18	rising diesel prices that increase the cost of goods,

 19	contribute to inflation, and wreck family and business

 20	budgets.

 21	To finish my statement, I just want to say

 22	that for New Jersey, specifically, our biggest and

  1	corridor, that's the I-95 corridor which is where you

  2	get the most or the highest diesel emissions in our

  3	state.	And that's very obvious.

  4	So this is very important, obviously for New

  5	Jersey, not just for New Jersey, but the entire

  6	country.	So thank you for the time and the

  7	opportunity to testify.

                  8	THE MODERATOR:	Thank you for your comment.

                  9	Our next speaker is Amy Goldsmith, but I do

 10	not see you on the list of attendees.	If you can

 11	raise your right-hand via the hand raise function at

 12	the bottom of your screen.	If you joined via a

 13	different name, I don't see any callers on the line.

 14	But if you have called in and it is just not showing

 15	up on the phone, you just need to dial Star-6 to raise

 16	your hand.

 17	I am not seeing any hand raises.	We will

 18	move on to our next speaker, which will be Stephanie

 19	Searle.	Please state name and affiliation for the

 20	record.

 21	MS. SEARLE:	Thank you.	I'm Stephanie

 22	Searle, the U.S. Regional Directer at the

  1	clean transportation policies.	We appreciate the

  2	opportunity to provide input to EPA on the subject of

  3	California's Waiver Request.

  4	The ICCT strongly supports California's

  5	Waiver Request for the Advanced Clean Trucks and

  6	Omnibus Low NOx Regulations.	We believe that

  7	compliance with these regulations, including in the

  8	early years, is technologically feasible and cost

  9	effective.	The Stage 3 SWRI test programs sponsored

 10	by the California Air Resources Board and EPA

 11	demonstrate that the NOx Standards can be met with

 12	available technology using optimized SCR

 13	after-treatment and cylinder deactivation.	SWRI has

 14	also shown that closing the crank case and thus

 15	reducing NOx from that source presents an additional,

 16	inexpensive option for reducing NOx and thus

 17	increasing the compliance margin for manufacturers.

 18	Additionally, there's flexibility engine

 19	aging.	Because of the increased durability

 20	requirements, Class 8 heavy-duty diesel vehicles will

 21	have two standards starting in Model Year 2027.	One

 22	for 435,000 miles, the current useful life.	And the

  1	test technologies that can be used to simultaneously

  2	achieve lower NOx emissions and reduce CO2 and fuel

  3	consumptions.

  4	For example, the Eaton Corp. development of a

  5	48-volt electric heater to increase catalyst inlet

  6	temperature at low loads, or the opposed piston diesel

  7	engine being developed by Achates Power in San Diego.

  8	Thus, there are sufficient options available in the

  9	near term for manufacturers to meet California's

 10	Omnibus Low NOx Regulation.

 11	We find that the costs to manufacturers of

 12	complying with the Low NOx regulation is reasonable.

 13	ICCT has estimated costs as low as $2,200 for a 12- to

 14	13-liter engine.	While EPA estimated $3,200 to $3,900

 15	and CARB 6,000 of $6,700 compared to, for example, an

 16	MSRP of around $168,000 for a leading Model Year 2022,

 17	Class 8 tractor-trailer, the Freightliner Cascadia.

 18	We find that higher cost estimates for the Engine

 19	Manufacturers Association, EMA, and the National

 20	Renewable Energy Laboratory, are inaccurate due to

 21	their overestimation of indirect costs.

  1	medium-duty delivery, drayage, shuttle bus, school

  2	bus, transit bus, refuse truck, and medium-duty

             3	delivery truck categories, battery-electric vehicles

  4	have all reached a technological readiness level of 9

  5	out of 9.

  6	In 2020, Zero-Emission transit buses, school

  7	buses, and coach buses were available from

  8	manufacturers representing 90 to 100 percent of these

  9	markets in the U.S Battery Electric Class -- in the

 10	U.S.	Battery Electric Class 6-8 refuse trucks are

 11	available from PACCAR, Volvo Group through their MACK

 12	brand, BYD and Lion Electric.

 13	For Class 7-8 tractor trucks, three of the

 14	four major manufacturers have announced plans for

 15	Zero-Emission products.	A number of studies,

 16	including our own research, have found that heavy-duty

 17	vehicles are expected to reach total cost of ownership

 18	parity between 2025 for short-distance urban trucks;

 19	and 2030 nor all trucks without incentives.

 20	Based on the evidence, we believe that these

 21	regulations are unlikely to result in significant

  1	California has a clear need to accelerate the

  2	reduction of harmful emissions from heavy-duty

  3	vehicles given the importance of improving air quality

  4	in the state.	Diesel vehicles are the largest

  5	contributor to health impacts from transportation

  6	related air pollution nationally, responsible for more

  7	than 9,000 premature deaths in 2015.	And these

  8	impacts disproportionately affect disadvantaged

  9	communities.

 10	Previous ICCT research has shown that

 11	achieving a 90-percent NOx reduction for Model Year

 12	2027 and later diesel engines could avoid more than

 13	one trillion dollars nationally in air pollution

 14	related health damages cumulatively from 2027 to 2050.

 15	The benefit of California's Regulation will outweigh

 16	the costs.	For example, EPA estimated a

 17	benefit-to-cost ratio of 5.3 for option one in its

 18	current proposed NOx Rule, which is similar to

 19	California's with a 3-year lag.

 20	More detail on the specific findings I have

 21	covered can be found in ICCT's public comment to EPA's

  1	the court reporter and interpreters can accurately

  2	capture your testimony.	If you are not able to

             3	complete your written remarks speaking slowly within

             4	the five minutes that you are allowed for testimony,

  5	we're happy to accept additional comments in the three

  6	dockets that are listed on the screen, which apply to

  7	these Waiver Requests.

  8	All right.	Our next speaker will be Ray

  9	Pingle.	Please state your name and affiliation for

 10	the record.

 11	MR. PINGLE:	Good afternoon, my name is Ray

 12	Pingle and I'm with Sierra Club California.

 13	We strongly recommend that the EPA fully and

 14	immediately grant the Waiver Requests in the approval

 15	and especially the Advanced Clean Trucks,

 16	zero-emission-Emission Airport Shuttle and Omnibus Low

 17	NOx regulations.

 18	For the past fours year, I've been an active

 19	participant in a large coalition of dozens of

 20	environmental justice, labor, health, clean air and

 21	environmental NGOs advocating for strong and effective

  1	approval of these CARB regulations.	The shear volume,

  2	diversity, passion, and technical expertise that's

  3	coalition's NGO representatives and its thousands of

  4	members have shown in supporting these rules in the

  5	CARB rule-making processes has been extraordinary.

  6	This is evidenced by participants and contributions at

  7	CARB workshops, meetings with CARB staff and board

  8	members, submission of comments to staff and the CARB

  9	board and the public testimony at CARB board meetings.

 10	For example, nearly 50 percent of the

 11	individuals providing oral testimony at a CARB board

 12	meeting on the ACT rule were our coalition members and

 13	affiliates.	The point is, that there is broad and

 14	strong support for these Rules in the greater

 15	statewide California community.	With these Rules

 16	having been highly vetted over years in a rigorous and

 17	a very participative stakeholder process.

 18	These Rules help fulfill the promises of

 19	California regulators and senior officials have made

 20	over the years to especially burdened front line

 21	communities to begin greatly mitigating toxic

  1	with ensuring that states comply with federal

              2	regulations to clean the air.	How could it require

  3	California to achieve attainment on healthy fines for

              4	failure on one hand, and then potentially take away

  5	the means to achieve attainment were it to disapprove

  6	these Waivers on the other.	It would make no sense at

  7	all.

                  8	The health, economic and climate mitigation

  9	benefits of these Rules are enormous.	Yet many of

 10	these benefits outline the documents from CARB

 11	including the ISOR and SRIA documents.	Not the least

 12	of these benefits are to the fleet and truck owners

 13	and operators themselves.	These include savings that

 14	would realize the positive total cost of ownership,

 15	lower fuel and maintenance costs, more reliable

 16	vehicles and happier drivers.

 17	Our economy will also ultimately benefit from

 18	lower goods transportation costs.	But failure of the

 19	EPA to approve these Waivers could be catastrophic and

 20	a dereliction of duty.	This approval would create

 21	chaos for CARB, California rulemakers, stakeholders,

  1	currently-in-process ACF Rule then require fleets to

  2	acquire these vehicles over years.	And the HD Omnibus

  3	Rule regulates combustion vehicles in the interim.

  4	All of this thoughtful, comprehensive, integrated,

  5	massive, years-in-the-making effort will be tossed

  6	out.	It will delay progress by years.	Lives would be

  7	lost and countless children and others would get

  8	asthma and suffer other health harms that otherwise

  9	could have been avoided.	Promises to EJ communities

 10	would be broken.	And all of this caused by EPA

 11	actions.

 12	The solution, of course, is to avoid this

 13	potential nightmare and instead realize all the

 14	comprehensive benefits these Rules will provide is for

 15	you to fully and immediately grant these Waiver

 16	Requests.	Thank you very much.

 17	THE MODERATOR:	Thank you for your comment.

 18	Our next speaker is Donna Albert.	State your

 19	name and affiliation for the record.

 20	MS. ALBERT:	Hi, my name is Donna Albert.

 21	I'm a retired Professional Engineer.	I am speaking as

             1	suffering right now because we have been too slow to

  2	provide them with a safe environment.	Delay is

  3	causing -- is harming children and even causing death.

  4	Delay is unnecessary and morally wrong.	While

             5	industry corporations are compelled to only consider

              6	company profits, government regulations protect the

              7	health and welfare of people.	According to a recent

  8	ICCT report on 1.5 degrees versus 2 degrees of

             9	warming, CO2 emissions from energy must be cut about

 10	in half by 2030 and ultimately nearly eliminated.

 11	Some energy infrastructure is easier to

 12	transition off of fossil fuels and others.	Land

 13	transportation is one we know how to do.	It is

 14	necessary to begin the transition off of fossil fuel

 15	trucks immediately in order for the trucking industry

 16	to cut emissions in half by 2030, which is only eight

 17	years away.

 18	In spite of the fact we have technology to

 19	use clean energy, we're not transitioning fossil fuels

 20	fast enough to safely avoid the worst effect of the

 21	climate change.	Many suffer already and many of them

  1	The global consequences of continuing to emit

  2	CO2 and other air pollutants are unacceptable

  3	persisting for centuries and even millenniums.	It is

  4	morally wrong for a rich country like the United

  5	States to delay this transition even for one day.

  6	Please grant all three CARB requests for exemption in

  7	full and without delay.	Thank you.

  8	THE MODERATOR:	Thank you for your comment.

  9	We are actually going to circle back to a speaker that

 10	we missed earlier, Amy Goldsmith.	Amy, if you could

 11	accept, I'm sending you an invitation to join as a

 12	panelist.	If you accept that, you will be able to

 13	join us on camera here and audio.

 14	Go ahead.	Please state your name and

 15	affiliation for the record.

 16	MS. GOLDSMITH:	Thank you.	My name is Amy

 17	Goldsmith.	I'm the New Jersey State Director for

 18	Clean Water Action.	We have 150,000 members in New

 19	Jersey, a million nationwide.	I'm also on the

 20	Steering committee of the coalition for healthy

 21	courts.	I'm speaking on behalf of Clean Water Action

  1	I'm here today to speak in favor of the EPA

  2	Waivers for all of the California-related heavy-duty

  3	Diesel Rules, the Advanced Clean Truck, Heavy-Duty

  4	Omnibus, and the Heavy-Duty Emission Warranty Act.

  5	EPA must continue to utilize its decades long

  6	precedent of approving Waivers with regard to vehicle

  7	emissions.	With these Waivers, states like New Jersey

  8	can adopt stricter and more protective policies of

  9	regarding diesel emissions.	This is critical in a

 10	state and region where intra- and interstate truck

 11	volume is ever rising and overburdened port

 12	communities have no relief.

 13	Port Elizabeth and Port Newark alone are

 14	responsible for over 20 truck trips per day and

 15	rising.	Even without the pandemic, it rises about ten

 16	percent a year.	These are some of the oldest and

 17	dirtiest trucks in the heavy-duty inventory.	The Port

 18	Authority still allows pre-2000 trucks to enter the

 19	gate, 22-year-old trucks can still come through our

 20	gate.	These trucks don't even have the most current

  1	that trucks are responsible for the majority of black

  2	carbon, health harming co-pollutants and ozone

  3	precursors in urban areas.

  4	Amazon is now the larger employer in the New

  5	Jersey.	Warehouses are proliferating and so too are

  6	heavy-duty diesel trucks and their corresponding

  7	emissions.

  8	We need every tool available to drive us

  9	toward zero-emission-Emission heavy-duty vehicles as

 10	fast as possible.	The EPA Waiver is an essential

 11	element.	We need more mandates and incentives to

 12	require the switch to zero-emission-Emission trucks.

 13	Our health communities and climate-changing trajectory

 14	demand it.	Need to require shorter and more

 15	aggressive timelines for the Rule adoption

 16	implementation and updating of Model Year engines.

 17	Remember, these trucks stay on the road for 20 to 30

 18	years unlike cars that have a ten-year lifespan.	And

 19	these and other heavy-duty diesel policies have

 20	generational impact.

  1	Federal EPA is not.

  2	As mentioned in previous Advanced Clean Truck

  3	Rule testimony, we have not -- we shouldn't allow

  4	fleet averaging.	We should include heavy-duty

  5	emission warranty rule as part of the Waiver package

  6	to ensure less tampering and better maintenance and

  7	repairs of these trucks.	And while idling,

  8	anti-idling, slow speed, traffic flow protocols have

  9	value on paper.	They rarely have any value on the

 10	actual road without enforcement and concerns about

 11	road rage threats which are real.

 12	The value of this and other EPA Rule

 13	proposals have huge impacts, positive and negative, if

 14	you don't do it.	It is vitally important that people

 15	who are most impacted have a voice at the table in

 16	shaping policy and its implementation.

 17	I only heard about this hearing through a

 18	late night E-Mail two days before the deadline to sign

 19	up.	It is imperative that the Biden Administration

 20	and EPA live up to its commitment to maximize

  1	There are examples of where the EPA has done

  2	much better, and with the new speaking time slots

  3	system, like what you have today, it is very, very

  4	helpful.	My day job is being an environmental

  5	activist.	And I had to scramble to be here today.

  6	Other people are not so fortunate and will not be

  7	heard.

  8	So, in conclusion, EPA must approve the

  9	Heavy-Duty Diesel Suite of Waivers; faster, bolder and

 10	more inclusive in developing, implementing and

 11	enforcing heavy-duty reductions while accelerating the

 12	purchase, utilization and infrastructure for

 13	zero-emission-Emission transportation in this case

 14	trucks.	Thank you for this opportunity to speak

 15	today.

 16	THE MODERATOR:	Thank you for your comments.

 17	The next speaker is Peter Brown.	I don't see

 18	you in list of attendees.	So if you joined us under a

 19	different name, there's a hand raise button at the

 20	bottom of your screen.

  1	Government Affairs and Global Policies representing

  2	the Nikola Corporation.	On behalf of Nikola, we

  3	appreciate this opportunity to express our support for

  4	reducing pollution and the carbon emissions footprint

  5	from heavy-duty trucks.	This support includes EPA

  6	granting Waivers to allow California and other states

  7	to enforce clean vehicle policies in the timeline set

  8	forth in their adoption.

  9	Such policies, including Advanced Clean

 10	Trucks and Clean Fleets policies, are important to

 11	accelerate the transition to zero-emission-Emission

 12	vehicle technology and reduce carbon emissions and

 13	criteria pollutants in California.	Particularly in

 14	air basins not attaining national ambient air quality

 15	standards.

 16	Over time, the adoption of

 17	zero-emission-Emission trucks will not only help

 18	address environmental and community health concerns,

 19	but is also expected to reduce costs for fleets over

 20	time with less moving parts.	And in Nikola's case,

  1	Arizona.	We are a leading manufacturer of

  2	zero-emission heavy-duty commercial battery electric

  3	and hydrogen fuel cell electric vehicles as well as

  4	provide energy solutions to support them.

  5	Nikola's mission is to transform the

  6	transportation industry while improving our employees'

  7	lives and leaving the world a better place.	This

  8	includes doing our part to increase the health and

  9	well-being of communities impacted by heavy trucking.

 10	Our products and services are built to deliver on

 11	these core commitments by manufacturing BEV and fuel

 12	cell trucks plus working with strategic business

 13	partners with suppliers to build a complete

 14	infrastructure ecosystem that will support the

 15	transition to zero-emission-Emission trucking.

 16	Operating as both a zero-emission-Emission

 17	OEM and an energy company, Nikola is a game-changer in

 18	the marketplace transforming the future of heavy-duty

 19	transportation focusing on addressing entire value

 20	chain to deliver an economic total cost for our

  1	trucks to launch, our launch customer, and total

  2	transportation services in December of 2021.	And have

  3	started production on the Nikola Tre battery electric

  4	truck at our Coolidge facility a few months ago,

  5	March 21 of 2022.	We have began delivering the

  6	battery electric trucks to customers and to our dealer

  7	network across the country anticipating between 300 to

  8	500 Tre battery electric trucks to be completed this

  9	year.

 10	The battery electric truck has a 753-kw

 11	battery onboard with a 350-mile range.	Its battery

 12	pack is modular and can be reduced for shorter

 13	distances and to maximize payloads to customers'

 14	operational needs and use case.

 15	Our next vehicle to market will be the Nikola

 16	Tre fuel cell truck which has 70-kilogram hydrogen

 17	onboard and is being designed and engineered to be

 18	capable of ranges up to 500 miles.	The Nikola Tre

 19	fuel cell truck will enter into production in late

 20	2023.

  1	to advance cleaner transportation and energy

  2	technologies that will yield a healthier tomorrow, by

  3	also creating jobs that will contribute to our

  4	nation's economic prosperity for generations to come.

  5	Thank you.

                  6	THE MODERATOR:	Thank you for your comment.

  7	As a reminder, please speak slowly and clearly so the

  8	court reporter and interpreters can accurately capture

  9	testimony.	If you can not give your prepared remarks

 10	in the five minutes allowed by speaking more slowly,

 11	you are welcome to submit it to the docket listed on

 12	the screen and we'll consider them in the, in the

 13	decision making process.

 14	Our next speaker is Angelique Espinoza.	I do

 15	not see you in the list of attendees.	Please raise

 16	your hand if you joined under another name.	There's a

 17	hand raise button on the bottom of your screen to be

 18	able to do so.

 19	I also don't see the next speaker, Mollie

 20	Michel.	If you joined under another name, if you

  1	for Science at Evangelical Environmental Network.	I'm

              2	a climate scientist and pastor of a local church in

  3	the Washington, DC area.	Most importantly, I am the

  4	mother of two boys, the youngest of whom just

  5	celebrated his first birthday.

  6	I speak to you from my capacity and

  7	experience in all three of these roles and I thank

  8	you, the administration, for acting swiftly on clean

  9	trucks, but I urge the EPA to approve California's

 10	Waiver Request in full allowing the State to create

 11	the strongest possible limits on heavy-duty vehicle

 12	pollution and Rules to accelerate the transition to

 13	zero-emission-Emission vehicles.

 14	Traffic emissions from heavy-duty trucking

 15	exhaust including ozone forming nitrogen oxide and pm

 16	2.5 harms health at every life stage, from children to

 17	adults.	Medical research continually affirms the link

            18	between toxic traffic emissions and life-threatening

            19	health conditions like asthma, heart disease, angina

 20	and premature death.

  1	exposure to traffic pollution increases the likelihood

             2	of reproductive, developmental harm including reduced

  3	fertility, preterm birth, low birth weight and even

             4	still birth.	Being recently pregnant this realty hit

              5	me at a very personal level.	While pregnant with my

             6	oldest son, I was living in downtown midtown Atlanta,

  7	a quarter mile from 75/85 downtown connector.	It is a

             8	more than 10-lane highway that cuts through the city

  9	and is filled with tractor-trailers and other

          10	heavy-duty trucks day and night.	I didn't appreciate

            11	this at the time that I was exposes my unborn son day

 12	and night to harmful truck emissions.

                13	My son recently received a diagnosis of ADHD

 14	which has been impacting his ability to learn and

            15	focus at school.	Medical research shows that exposure

 16	TO diesel fumes emitted from heavy-duty vehicles

            17	contributes to ADHD.	And like every parent, I want my

            18	children to reach their full God-given potential.	But

 19	the truth is that heavy-duty vehicle pollution robs

 20	children of this.	Personally, I can't help but feel

  1	our children.

  2	As an Evangelical Pastor, I take seriously

  3	what the Bible says in Proverbs, Chapter 13 Verse 22,

  4	that it is our duty to leave a good inheritance to

  5	future generations.	Asthma and unsafe climate, this

  6	is no inheritance leave to your children.	We need

  7	clean air now.

  8	As a parent, I know there's no time to wait

  9	for clean air now because the health and life of every

 10	children depends on it.

 11	As a climate scientist, I know there's no

 12	time to wait for clean air now because a safe and

 13	livable climate depends on it.	Clean air now depends

 14	on granting California's authority under the Clean Air

 15	Act to set more stringent emissions and standards.

 16	While you hear from others today about why we must

 17	wait for clean air, the truth is that vehicle

 18	manufacturers, as we just heard from Nikola, they

 19	already have the technology at hand to meet the goals

 20	of California's Rules.

  1	implementation of these life-saving technologies.

  2	As a mother, I have a responsibility to

  3	protect my kids.	As a pastor, I have a responsibility

  4	to protect my flock.	In the same way states have a

  5	responsibility to protect their citizens.	For more

  6	than 50 years U.S. States have had the explicit right

  7	granted under the Clean Air Act to protect their

  8	residents' health by choosing clean truck standards

  9	that are safer than Federal standards.

 10	So in closing, the EPA has the responsibility

 11	and the authority to approve this Waiver in full and I

 12	urge you to do so.	Thank you.

 13	THE MODERATOR:	Thank you for your comment.

 14	The next speaker will be Aidan Geronimus.

 15	Please state your name and affiliation for the record.

 16	MR. GERONIMUS:	My name is Aidan Geronimus,

 17	here representing Jobs to Move America.	We're a

 18	nonprofit organization that brings together community

 19	groups, environmental organizations and major

  1	address air pollution, but it is also increasingly

  2	clear that investment in zero-emission-Emission

  3	vehicles can create good jobs and work force pipelines

  4	to careers that provide for working families.

  5	So the EPA should support these Waivers.

  6	Because continuing to recognize state authority to set

  7	more protective truck standards has been and will

  8	continue to be a key tool for protecting public health

  9	across the country.

 10	Climate change is a public health emergency.

 11	From degraded air quality to warmer temperatures; more

 12	extreme weather events like storms and flood change is

 13	harming the health of communities across the county

 14	every single day.	The EPA and states must use all

 15	available tools to address climate change.	These

 16	tools include cleaning up the freight transportation

 17	sector, the nations biggest contributor to air

 18	pollution.	And these policies are entry points to do

 19	so.

  1	MS. BORCZ:	Hello.	Good afternoon.	My name

  2	is Judy Borcz.	And I'm testifying in both my

  3	individual capacity and as a member of 350 Silicone

  4	Valley here in California with the membership of

  5	several thousand.	Within the 350 Silicon Valley

  6	Group, I lead the transportation sub group to advocate

  7	laws and policies in the State, with the legislature

  8	and with groups like CARB.

  9	Thank you for the opportunity to testify

 10	today to urge EPA to fully grant California's Waiver

 11	Requests for the Advanced Clean Trucks,

 12	zero-emission-Emission Airport Shuttle, Zero-Emission

 13	powertrain Certification Regulations, the Omnibus Low

 14	NOx Regulations and the Heavy-Duty Emission Warranty

 15	Regulations.

 16	As a community member and advocate, I am

 17	keenly aware of the dire need to reduce air pollution

 18	from trucks.	And EPA should fully approve

 19	California's Waiver Request to enable state standard

 20	that are key drivers in advancing the technologies

  1	nonattainment as regulated by the Federal Clean Air

  2	Act among various issues.	California needs these

  3	regulation to enable achievement of Federal Standards.

  4	I'm also here because I am concerned about

             5	the climate crisis and the air quality in our State.

  6	My daughter recently move to Long Beach for college

  7	and the air quality difference versus Northern

  8	California is quite noticeable.	Not only are medium-

  9	and heavy-duty trucks a climate issue, but they are a

 10	major health problem.	Diesel emissions, particularly

 11	near the ports such as Long Beach are responsible for

 12	dangerous levels of nitrogen oxide and fine

 13	particulate matter that increases the risk of severe

 14	respiratory illness and other health problems.	We

 15	have only seen this issue amplified as studies

 16	continue to link long-term exposure to fine

 17	particulate matter with an increased risk of death

 18	from the Covid 19 Pandemic.

 19	The communities near the port are in dire

 20	need of all the electric trucks for the drayage trucks

  1	ability to address their unique air pollution

              2	challenges by enforcing life-saving truck pollution

  3	standards.	Thank you.

                  4	THE MODERATOR:	Thank you for your comment.

  5	At this time we have no one else scheduled to

           6	speak during the current time block.	But if there's

             7	anyone online that was scheduled to speak on this or

  8	an earlier panel and were unable to do so, please

             9	raise your hand in Zoom or dial Star-9 if you joined

 10	by phone and we'll get your testimony at this time.

 11	Not seeing any hand raises at this time, the

 12	next panel is scheduled to start at 2:45 Eastern Time.

 13	Karl or anyone else on the panel, can you confirm that

 14	we're ready to take a short break until the next break

 15	starts?

 16	MR. SIMON:	Yeah, that makes sense.	Let's

 17	take a short break.	Thanks, Jessie.

 18	THE MODERATOR:	We'll reconvene at 2:45 p.m.

 19	(Recess)

 20	THE MODERATOR:	It is now 2:45 p.m.	We're

  1	Did you give up and I missed it?	This is

  2	Tuana Phillips.	As a reminder, if you are speaking

  3	today, you will receive a notification on your screen

  4	that you are being promoted to the role of panelist.

  5	Shortly prior to your speaking time, you must click to

  6	accept that invitation to be able to unmute when you

  7	are called to testify and this will allow you to turn

  8	on your camera and we encourage you to do.

  9	Speakers connected by telephone should unmute

 10	their phones by pressing Star-6 when called to

 11	testify.	Please speak slowly and clearly so that our

 12	court reporter and interpreters can accurately capture

 13	your testimony.

 14	The next speaker will be Oscar Hauptman.

 15	State your name and affiliation for the record.

 16	MR. HAUPTMAN:	Hello.	My name is Oscar

 17	Hauptman.	O-s-c-a-r H-a-u-p-t-m-a-n.	I am 11 years

 18	old.	I live in Brighton, Michigan with my family.

 19	Dirty diesel trucks spew carcinogenic pollution into

 20	the air.	When that pollution heats up on hot days,

  1	nebulizer.	I went to the emergency room twice because

  2	of a bad asthma attack.

                  3	I love to play sports but poor air quality

  4	makes it hard.	I just started swimming this year.	It

  5	has been really hard.	Michigan has been under a heat

               6	advisory.	The weather app says the air quality is

              7	unsafe a lot this summer.	The air is too dangerous

  8	for me to swim, play basketball or soccer with my

  9	friends.

                 10	I know the largest source of pollution and

             11	smog comes from trucks, buses and cars.	It makes me

 12	mad that we are near these freeways when we play

          13	soccer breathing dirty air while we're trying to be

             14	healthy and strong.	The dirty air is especially bad

             15	for kids.	Kids breathe more rapidly and our hearts

          16	and brains are still developing.	We're breathing in

 17	poisons from these trucks and buses that harm our

 18	bodies.	Lots of kids in Michigan have asthma like me

             19	too.	Over 130,000 and we have over 12 countries --

            20	counties with a falling air quality grade, according
                                       
  1	can help do this.	EPA must issue these Waivers

  2	quickly.	And, in full, to deliver President Biden's

  3	commitment to the authority of States to protect their

  4	vulnerability populations to address the climate

  5	crisis without delay and implementation of

  6	California's Clean Truck Rules will cause harm to the

  7	tens of millions of Americans who live near high

  8	traffic corridors including many kids like me.

  9	There's no time to waste.	Please protect our lungs

 10	and our brains.	Thank you.

 11	MR. DICKINSON:	Hey, Oscar, are you still

 12	there?	Mr. Simon and I would both like to take you

 13	for taking the time out of your summer to so

 14	effectively argue your point of view.	I want to thank

 15	you and congratulate you.	Looks like you and several

 16	other family members are participating.	I want to

 17	recognize you.	So thank you.

 18	THE MODERATOR:	Thank you for your comment.

 19	Our next speak will be Andrew Hauptman.

 20	State your name and affiliation for the record.

  1	throughout Michigan asking the EPA to allow California

  2	to set stronger standards for pollution.

  3	Since the earliest days of his presidency,

  4	and throughout subsequent Executive Orders, President

  5	Biden and his administration promised bold action to

  6	set strong rules and standards to lower emission for

  7	the transportation sector.	Including from medium- and

  8	heavy-duty vehicles; including granting the authority

  9	of California to set more stringent emission standards

 10	as EPA has done many times before in other states to

 11	adopt those stronger standards.

 12	These rules must be strengthened this year to

 13	protect the health of our community.	The EPA must

 14	enact these standards to protect American truck and

 15	bus fleets on a clear pathway to a hundred percent

 16	zero-emission by 2035.	Pollution harms all of us but

 17	disproportionately impacts children like my son, who

 18	has asthma.	His disease is made worse by our

 19	pollution.	Children are more impacted by air

 20	pollution for many reasons.	They breathe more

  1	concentrations of pollution from these trucks and

  2	buses is coming directly at them.

                  3	Pollution can also increase asthma rates in

  4	kids, poorer air quality can exacerbate asthma causing

              5	more asthma attacks resulting in millions of missed

  6	school days for kids across the county and often miss

              7	work days for adults.	In the summertime we need to

  8	watch our weather map to see if it is safe to play

  9	outdoors.	As a mother who has seen her son's face as

 10	his chest tightens and he gasps to breathe, we must do

 11	more to protect him and the children who suffer from

 12	chronic illness.	Far too often we have had to rush

 13	home after soccer game on a hot summer day to use his

 14	nebulizer.

 15	Furthermore, children's asthma rates are

 16	significantly higher in children of color.	Latinos

 17	are twice as likely to die from asthma.	And black

 18	children are ten times more likely to die from asthma

 19	than white non-Hispanic kids.	The statistics make it

 20	abundantly clear that a strong clean air car standard

  1	from the transportation sector, including medium- and

  2	heavy-duty vehicles.	And granting California the

  3	ability to set more stringent emission standards.

  4	Strengthening bus and truck emission standards is the

  5	best tool that you have in your tool box to fight

  6	climate change.	The urgent crisis is not something

  7	that we will see the impacts someday in the distant

  8	future.	We're seeing these impacts now with extreme

  9	weather events like flood, storms and heat Waivers.

 10	Addressing the pollution from heavy bus and truck

 11	transportation sector to fight climate change cannot

 12	wait.	Eliminating the emissions from heavy-duty

 13	vehicles especially through a rapid transition to

 14	zero-emission-Emission vehicles is essential for

 15	making strides for the steps that we need for cleaner

 16	air for these communities and safer climates.

 17	Zero-emission-Emission electric trucks are

 18	the best available technology to both reduce harmful

 19	NOx and climate pollution.	EPA should use these

              1	strong standards to reduce air pollution to protect

  2	our health especially for communities of color who

  3	bear the brunt of these health impacts from truck and

  4	bus pollution.	Thank you for your time.

                  5	THE MODERATOR:	Thank you for your comment.

                  6	The next speaker is Andrew Hauptman.	State

  7	your name and affiliation for the record.

                  8	MR. HAUPTMAN:	Andrew Hauptman, A-N-D-R-E-W

              9	H-A-U-P-T-M-A-N.	My affiliation is private citizen

             10	living in Britton, Michigan.	I am also an architect

 11	and a LEED certified green architect in Michigan.	And

            12	also I am the lucky father of Foster, the grandfather

 13	of Oscar and lucky husband to Elizabeth.	They have

 14	said very well what, uhm, what I think needs to be

 15	said.	And in my wife's work for Moms Clean Air Force,

            16	these -- I think they have put it very well which is

 17	that the EPA must enact standards that put the

 18	American trucking bus fleet on a clear roadway to a

            19	hundred percent zero-emission-Emission sales by 2035.
                                       
  1	The next speaker is Mike Thompson.	State your name

  2	and affiliation for the record.

  3	MR. THOMPSON:	Good afternoon.	My name is

  4	Mike Thompson.	Today I am speaking on behalf Arrival.

  5	Before I get into my testimony, I also wanted to thank

  6	Oscar Hauptman for joining us today and speaking

  7	directly for the many kids, my own daughter included,

  8	who stand to benefit from these proposed Rules.

  9	Speaking today on behalf of Arrival, I am

 10	grateful for this opportunity to testify in support of

 11	California's Waiver Requests.	Arrival is a new

 12	manufacturer of exclusively battery electric

 13	commercial vehicles including Class 2B delivery vans

 14	and buses.	We manufacture our U.S. products at our

 15	Charlotte, North Carolina, Microfactory, and plan to

 16	scale with additional Microfactories close to customer

 17	demand across the country.

 18	Arrival's mission is to reduce emissions of

 19	greenhouse gases and pollutants to mitigate the

  1	medium- and heavy-duty vehicles.	These vehicles make

  2	up only about 5 percent of the vehicles on the road,

  3	but account for 30 percent of the greenhouse gas

  4	emissions from on-road transportation.

  5	Emissions from medium- and heavy-duty

  6	vehicles disproportionately harm disadvantaged

  7	communities including those that are in close

  8	proximity to industrial zones, ports and airports.

  9	The California programs being considered

 10	today will provide significant benefits to those

 11	communities, not only in California, but also in

 12	Section 177 states which choose to adopt these

 13	programs, as several have already done.	Several more

 14	states have announced their intentions to follow suit

 15	but would, of course, be prevented from doing so if

 16	EPA declines to grant these Waivers.

 17	In addition to the emissions benefits, these

 18	Rules will also drive American innovation and

 19	competitiveness.	These new Rules will drive

 20	investment by all companies selling vehicles to

  1	sector, which will continue to grow, and eventually

  2	dominate the automotive market.

  3	Indeed, such EV mandates would send a clear

  4	message to companies like Arrival, and others, that

  5	the United States is a welcoming and competitive

  6	market for EVs and would encourage further investment

  7	in domestic manufacturing and workforce development.

  8	It's also worthwhile to consider these

  9	regulations in the broader scheme of other

 10	EV-supporting policy instruments.	Grants, incentives

 11	and mandates work best when applied in coordination

 12	with one another, as has already been demonstrated in

 13	the light-duty ZEV market.	Grants enable the early

 14	development and proof of concept of novel

 15	technologies.	Incentives encourage adoption to the

 16	point that it becomes financially viable.	And

 17	mandates provide further uptake until the adoption

 18	goal is met.

 19	We're now at a stage where grants and

  1	Incentives like state-level vehicle purchase

  2	vouchers and the National Electric Vehicle

  3	Infrastructure Program will continue to support the

  4	ability of operators to meet these mandates.	Failing

  5	to adopt these mandates now would leave the job

  6	half-done resulting in avoidable climate change and

  7	deadly health outcomes and damage to America's

  8	automotive leadership.

  9	Thank you again for this opportunity to

 10	provide input.	We recommend EPA grant California's

 11	Waiver Requests without delay and we stand ready to

 12	assist in meeting this historic challenge.

 13	THE MODERATOR:	Thank you for your comment.

 14	Our next speaker is Stuart Liebowitz but I

 15	can't find you in the list attendees.	If you joined

 16	under a different name, can you please raise your hand

 17	using the raise-your-hand function at the bottom of

 18	your screen.	If you joined by phone, you can do that

 19	by selecting Star-9.

  1	for the opportunity to testify.

  2	I am grateful to this administration for

  3	acting swiftly on clean trucks, but I'm asking EPA to

  4	approve California's Waiver Request in full allowing

  5	the State create the strongest possible limits on

  6	heavy-duty vehicle pollution.	And Rules to accelerate

  7	the transition to zero-emission-Emission vehicles.

  8	We cannot delay any measures to ensure

  9	cleaner air as soon as possible.	California's

 10	authority to set more stringent emission standards

 11	under the Clean Air Act is crucial to cleaning the air

 12	throughout all Section 177 States.	Vehicle

 13	manufacturers are able to meet the goals of

 14	California's Rules, and recent research has shown that

 15	the Zero-Emission trucks will be cheaper to purchase

 16	and operate than diesel trucks within the timeframe of

 17	these standards.

 18	Very simply put, I'm here because I'm

 19	concerned about the future of children across America.

 20	As the mother of three young daughters, and a resident

  1	One in five people here in Detroit suffers

              2	from asthma.	And heart disease is the leading cause

  3	of death in our state with rates much higher among the

  4	lower income communities such as the one I live in.

             5	Delaying implementing clean truck and electric truck

             6	standards would prolong the suffering experienced by

  7	communities like mine.	Living daily with the impacts

  8	of environmental racism, redlining and generations of

  9	marginalization that make them vulnerable to pollution

 10	from trucks.	The disproportionate impacts of air

 11	pollution is the clearest example of environmental

 12	racism in our country.

 13	Giving States the option to adopt the

 14	earliest and strongest possible clean electric truck

 15	standards is necessary to fight environmental racism

 16	and provide relief to our communities.

 17	In conclusion, I urge the administration to

 18	approve the Waivers in full to grant California the

 19	authority to create life-saving Rules to reduce deadly

 20	pollution and to accelerate the transition to

  1	accurately capture your testimony.	And I want to

  2	remind everyone, if you are speaking today, you have

  3	received a notification on your screen that you are

  4	being promoted to the role of panelist shortly prior

  5	to your speaking time.	You must click to accept the

  6	invitation to be able to unmute when you are called to

  7	testify.	This will allow you turn on the camera and

  8	we encourage you to do so.

  9	Speakers connected by telephone should unmute

 10	their phones by pressing Star-6 when called to

 11	testify.

 12	The next speaker is Kelly Blynn.	State your

 13	name and affiliation for the record.

 14	MS. BLYNN:	Thank you.	My name is Kelly

 15	Blynn.	I'm a transportation climate change specialist

 16	for the Colorado Energy office.

 17	I'm testifying today on behalf of my agency

 18	and our partner agencies, the Colorado Department of

 19	Transportation and Colorado Department of Public

 20	Health Environment on the Notice of Waivers for

  1	NOx Rule.	Colorado is headed to approving rule making

  2	at our State Air Quality Control Commission later this

  3	year to consider adoption both the Clean Truck Rule

  4	and the Low NOx Omnibus Rule to help address our state

  5	air quality challenges and our climate change and

  6	environment justice goals.

  7	Greenhouse gas emissions from vehicles are

  8	the top source of emissions in Colorado.	A

  9	significant portion of our population lives in an area

 10	of the state that's soon to be classified as a severe

 11	ozone nonattainment area by EPA.	Transportation is

 12	one of the two largest sources of ozone precursors

 13	along with oil and gas production largely due to NOx

 14	emission from medium- and heavy-duty vehicles.

 15	Reducing transportation emissions is a critical

 16	strategy to meet our Air Quality Standards.

 17	Of note, cleaner trucks on the road are

 18	especially important for our residents who live in

 19	close proximity to freight routes and their

 20	disproportionate impact from truck emissions.	These

  1	Medium- and Heavy-Duty Zero-Emission Vehicle

  2	Memorandum of Understanding in 2020; hosting a robust

  3	stakeholder process to develop our clean truck

  4	strategy and implementing clean air transportation

  5	electrification enterprises that are forecast to

  6	invest over 700 million in transportation

  7	electrification over the next decade.

  8	Like I said, we are committed to a notice of

  9	rule making on Advanced Clean Trucks and the Low NOx

 10	Rule later this year, which we see as critical

 11	complimentary strategies for the suite of incentives

 12	charging investments, and other action in our clean

 13	truck strategy to reach our State Air Quality Climate

 14	and Environmental Justice Goals.

 15	We urge EPA to approve California's Waiver

 16	Requests without delay.	Thank for the opportunity to

 17	testify.

 18	THE MODERATOR:	Thank for your comment.

 19	Our next speaker will be Katherine Goff.	I

 20	can't find you on the list attendees.	Can you raise

  1	Greenberg.	Please state your name and affiliation for

  2	the record.

  3	MS. GREENBERG:	Good afternoon.	My name is

  4	Molly Greenberg, I'm a campaign manager with Moving

  5	Forward Network.	MFN is a national network of over 50

  6	member organizations that centers grassroots,

  7	frontline-community knowledge, expertise and

  8	engagement from communities across the U.S. that bear

  9	the negative impacts from freight transportation

 10	system.

 11	The freight system relies on a myriad of

 12	ships, trucks, trains, and cargo-handling equipment

 13	for the huge volumes of goods from place-to-place

 14	every day.	And for some communities, like those near

 15	the ports of LA and Long Beach, this is now a 24/7

 16	operation.	These communities are primarily BIPOC and

 17	low income communities, environmental justice

 18	communities across the country are living in the

 19	shadow of dirty freight operations and are caught in

 20	dangerous intersections of toxic pollution, racism,

  1	heavy-duty vehicles.	This should come from the State

  2	and from the Federal rule making.	And yet we're here

  3	today advocating that they do just that.

  4	A few weeks ago MFN members from across the

  5	country headed to the Summit of the Americas where

  6	President Biden spoke on climate action at the Port of

  7	Long Beach in California with a clear message directed

  8	at the Biden administration's Zero Emissions Now

  9	(unintelligible).	The Biden administration has spoken

 10	time and time again about the importance and

 11	prioritization of environmental justice communities

 12	and zero-emissions.

 13	And yet, industry is able to move and

 14	influence enough to call into question that for

 15	decades the U.S. EPA has granted California the

 16	Waivers for its clean air and climate programs.	Our

 17	members and our communities are not mincing words.	We

 18	need action.	We demand action.

 19	The final point I would like to make to share

 20	today is our concern is the public notification and

  1	public notification of hearing and comment process and

  2	actual registration and submission deadlines as well

  3	as additional opportunities to testify.	EPA still has

  4	the opportunity to do this since the public comment

  5	period remains open.

                 6	Along with stronger public notification, the

             7	EPA needs to provide at a minimum a stronger language

  8	process to their rule making.	For example,

  9	translating documents, making it clear that the

 10	hearings will be provided and have translation.	Over

 11	40 percent of the U.S. speak another language other

 12	than English and EPA should know that and support

 13	public participation within the rule making for

 14	everyone.	They did it recently within the heavy-duty

 15	truck rule and make sure to translate the announcement

 16	and it was not translated for this particular hearing.

 17	EPA's decision on this matter will impact

 18	communities outside of California who have been

 19	suffering from the deadly impact of the growing

 20	(unintelligible).	These Waivers for heavy-duty truck

  1	and Waivers in full.	Any delay, any reduction in

  2	regulation will result in generational health impacts

  3	and premature deaths for communities across the

  4	country.	Our communities lives are at stake.

  5	I thank you for your time and the opportunity

  6	to speak.	And we will be providing more technical

  7	comment for the written portion.

  8	THE MODERATOR:	Thank you for your comment.

  9	Our next speaker is Aisha Balogun.	Please

 10	state your name and affiliation for the record.

 11	MS. BALOGUN:	Hello everyone.	My name is

 12	Aisha Balogun.	I am an Environmental Justice Fellow

 13	with the Moving Forward Network, a position made

 14	possible by the Postdoctoral Fellowship Program at

 15	Yale University.	I'm also a Masters student studying

 16	urban planning at New York University Wagner Graduate

 17	School for Public Service.

 18	I'm speaking in support of EPA's full and

 19	prompt passage of California's Waivers for the

 20	Heavy-Duty Truck Regulations.	Even though I live in

  1	than Federal standards.	Many states, including my

  2	current home of New York, have chosen to adopt

  3	standards similar to California's on their own accord.

  4	These Waivers are of national importance.

  5	Across the country, urban highways frequently

  6	border and bisect low income communities and

  7	communities of color.	This is an unjust legacy of

  8	urban renewal and Federal transportation policy.	The

  9	proximity of low income communities and communities of

 10	color to heavy traffic means that these populations

 11	suffer the most from harmful emissions.	Communities

 12	and states should have access to every policy tool it

 13	takes to address the present harms of this injustice

 14	and that includes stringent emissions reduction

 15	projects.

 16	The negative health impact of emissions that

 17	disproportionately affect daily life in low income

 18	communities and communities of color have not ceased.

 19	So why would we reject new environmental regulations

 20	and endanger those that have been in place for

  1	emissions control and Zero-Emission trucks are

  2	necessary to ensure the health of environmental

  3	justice communities.

  4	We risk reversing years of progress by

  5	denying or partially denying the Waivers set forth

  6	today.	The EPA must fully grant California's new

  7	Heavy-Duty Truck Waivers.	Thank you for your time and

  8	consideration.

  9	THE MODERATOR:	Thank you for your comment.

 10	The next speaker will be Clare Alford.	State your

 11	name and affiliation for the record.

 12	MS. ALFORD:	My name is Clare Alford, and I'm

 13	on the Market Development Team of Highland Electric

 14	Fleets.	Highland is electrification service provider

 15	supporting municipal and government fleets across the

 16	country.	The focus today is on school bus

 17	electrification.	We're active in 27 states and are

 18	expanding quickly with the growing concern around and

 19	acknowledgment of negative environmental health and

 20	economic impacts of fossil fuel powered vehicles.


1
  affordably.
 We have real pollution which creates

2

  problems.	T

echnology has been proven and we're

  3	betting our money on it and is available today.

  4	My current team supports the Clean Air Act

  5	and the medium- and heavy-duty policies in question.

  6	EPA can ensure that this transition happens in a

  7	timeframe that can address the most pressing emission

  8	issues that we face.

  9	Transportation is the single largest source

 10	of greenhouse gas emissions in the United States.

 11	Their diesel power vehicles represent a small fraction

 12	of the nation's fleet and a majority of the planet

 13	warming emissions that contribute to our pollution

 14	such as nitrogen oxide, sulfur dioxide, and very fine

 15	particles (unintelligible) and the toxic mixture of

 16	other (unintelligible) including benzene a known

 17	carcinogen.	Diesel emissions account for nearly a

 18	quarter of the nation's transportation sector

 19	emissions comprising 90 percent of the total energy

 20	related CO emissions in 2019, according to the Energy

  1	upgrading the requests for Waivers, the EPA would

  2	(unintelligible) several years of California

  3	heavy-duty truck regulations creating major

  4	applications for California's climate goals.

  5	That only affects other states that have

  6	adopted California's strict regulations for Zero

  7	Emissions for heavy-duty trucks.	Regulations that are

  8	effective are California's heavy-duty Omnibus Rule to

  9	curb nitrogen oxide emissions from diesel trucks by

 10	90 percent starting in Model Year 2027.	Massachusetts

 11	has adopted California's rule (unintelligible) in

 12	2025.

 13	The second regulation is EPA's Truck Rules

 14	which require a percentage of new trucks to be

 15	zero-emissions.	Other states have adopted this

 16	regulation:	Washington, New York, New Jersey and

 17	Massachusetts.	Maine, Colorado, Connecticut,

 18	Maryland, and Vermont are ready to adopt this Rule as

 19	well.	Policy makers and stakeholders across the

 20	country are clearly in support of these Regulations

  1	THE MODERATOR:	As a reminder, speak slowly

  2	and clearly so the court reporter and interpreters can

  3	accurately capture your testimony.

  4	Our next speaker will be Den Mark Wichar, but

  5	I can't find you in the list of attendees.	If you

  6	joined by a different name, can you please raise your

  7	hand, or if you are on the phone, select Star-9 to

  8	raise your hand.	I'm not seeing any raised hand, so

  9	we'll move on to the next speaker, Victoria Paykar.

 10	State your name and affiliation for the record.

 11	MS. PAYKAR:	Good afternoon to all of the EPA

 12	advocates that have been testifying.	My name is

 13	Victoria Paykar.	I am the Oregon Transportation

 14	Quality Manager at Climate Solutions.	I'm calling in

 15	today from Portland, Oregon.	Climate Solutions is a

 16	nonprofit in the Pacific Northwest working to

 17	accelerate Clean Energy solutions at the time of

 18	crisis.

 19	On behalf of Climate Solutions, I am

 20	testifying today in strong support of the Clear Air

  1	events fueled by climate change such as heat waves,

  2	climate fires, floods and more.

  3	Climate Solutions spent last year working

  4	with the people of Oregon and Washington to ensure the

  5	Pacific Northwest follows California in adopting the

  6	Clean Truck Rules.	As part of a strong statewide

  7	coalition, we joined advocates across the Pacific

  8	Northwest with the goal of reducing public health

  9	harms, achieving our greenhouse gas reduction targets

 10	in the transportation sector, and supporting a just

 11	transition.

 12	While EPA has proposed new vendors to reduce

 13	pollution from (unintelligible) vehicles and engines,

 14	research shows that these measures are inadequate to

 15	achieve the scientifically determined emission

 16	reductions we need in the sector that corresponds with

 17	our (unintelligible) working on the reduction with the

 18	Intergovernmental Panel on Climate Change as

 19	necessary.

 20	Meanwhile California Air Research supports

  1	U.S. largest source of emissions.	Medium- and

  2	heavy-duty vehicles make up 26 percent of the

  3	transportation emissions despite comprising just 10

  4	percent of vehicles on U.S. roads.	Toxic pollution is

  5	linked to higher rates of cancers, heart disease,

  6	respiratory disorders and premature death.	This

  7	pollution disproportionately harms low income and

  8	black and people of color who often live adjacent to

  9	highways, ports and other pollution hot spots due to

 10	housing (unintelligible) and economic policies.

 11	The Advanced Clean Trucks Rule and the Low

 12	NOx Omnibus Rule are powerful and complimentary rules

 13	that must be translated together in order to justify

 14	zero-emission in the medium- and heavy-duty vehicle

 15	market while curbing toxic pollution from the

 16	continued sale of diesel engines.	It is vital that as

 17	we advance the rule to transition to Zero-Emission

 18	trucks, the Low NOx rule is also placed

 19	(unintelligible) as soon as possible.

 20	Securing a (unintelligible) transition to

  1	planning on adopting the Clean Truck Rule are waiting

               2	on EPA Clean Air Act Exemption Waiver in order to

  3	enact these Rules as well.	Our states are counting on

               4	these regulations to meet our pollution reduction

  5	goals.	California has led and continues to lead the

               6	177 Clean Air Act states for responsible emission

              7	standards that meet the climate crisis and improve

               8	public health.	We are counting on you to meet the

              9	demands of what science requires of us in order to

 10	mitigate extreme effects of climate change hence

 11	improving the public health of Americans.

 12	Thank you so much for your consideration and

 13	for your time.

 14	THE MODERATOR:	Thank you for your comment.

 15	Next speaker is George Marlin.	I can't find you in

 16	the list of attendees.	If you have joined us under a

 17	different name, please raise your hand.	If you are

 18	calling in by phone, you can do that by selecting

 19	Star-9.	Still not seeing George.	We've move on to

 20	the next speaker, Tom Jordan.	State your name and

              1	that are required to be met to grant a Waiver under

              2	Section 209 have been met.	We believe the answer an

  3	all three cases is yes.	First, California needs

  4	approval of the Waivers due to compelling and

              5	extraordinary conditions.	The eight counties in the

              6	San Joaquin Valley face one of the most challenging

  7	air quality situations in the nation.	This is

  8	primarily due to the valley's topography, climate and

              9	geography and the presence of the major north/south

 10	freight corridor on the West Coast.

 11	The San Joaquin Valley is an extreme

 12	(unintelligible) for the National Air Quality Standard

 13	for Ozone and is a serious nonattainment area of pm

 14	2.5.	Heavy-duty truck emissions is the single largest

            15	source of nitrogen oxide emissions in the San Joaquin

 16	Valley and these emissions are the primary driver of

 17	ozone and pm 2.5 formation in the region.

                18	In 2018, the San Joaquin Valley Air District

            19	and CARB submitted plans to attain the 1997, 2006 and

 20	2012 pm standards.	These plans are control measures

  1	California will be finalizing and submitting plans to

  2	demonstrate attainment under the 2015 ozone standards.

  3	In order to attain that standard, both the San Joaquin

  4	Valley and Southcoast Air Quality Management District

  5	will need the emission reductions from the Waivers

  6	that CARB has requested approval of to reach

  7	attainment.

  8	Second, the standards proposed by California

  9	are more stringent and health protective than EPA

 10	requirements.	An analysis of the measures submitted

 11	by California shows significant additional emission

 12	reductions over existing Federal measures.	The

 13	District has petitioned EPA to adopt more national

 14	controls and has requested that those controls at

 15	least match the controls that have been adopted in

 16	California in order to better control vehicles from

 17	out of state that travel through our region.

 18	Finally, the EPA has requested and answered

 19	the question of Waiver Request meet the phase-in

 20	requirements of Section 202.	California in some cases

             1	Joaquin Valley and it included demonstration of ultra

             2	Low NOx engines, .02 (unintelligible) diesel fuel for

  3	heavy-duty trucks and the deployment of battery

  4	electric vehicle trucks.	Additionally we believe that

  5	the public record and compliance dates proposed by

             6	CARB meet the lead time requirements of Section 202.

  7	The District strongly encourages EPA to

             8	authorize these Waivers as expeditiously as possible,

             9	especially given the urgent need for these emissions

 10	for reduction for the upcoming plans to attain the

 11	2015 standards.

 12	Thank you for the opportunity to testify.

 13	THE MODERATOR:	Thank you for your comment.

            14	At this time we have no one scheduled to speak during

            15	the current time slot.	If there was anyone scheduled

            16	to speak earlier and if you were unable to speak, you

 17	can now do so.	Please raise your hand in Zoom using

 18	the raise hand function at the bottom of your screen

 19	or dial Star-9, if you have joined us by phone.

              20	I'm not seeing any raised hands.	Looking at
                                       
  1	did we want to see if anyone from the next speaker

  2	block is on already and we can roll right into those

  3	folks and see what that looks like, if you don't mind.

  4	THE MODERATOR:	We do.	I am seeing a raised

  5	hand from -- two raised hands now from Veena and

  6	Marven.	I will start with Veena here.

  7	Did someone -- there we go.	Veena, you are

  8	now a panelist.	Could you state your name and

  9	affiliation for the record?

 10	MS. DHARMARAJ:	Good afternoon.	I am Veena

 11	Dharmaraj, Director of Transportation at the

 12	Massachusetts Chapter of the Sierra Club.	Thank you

 13	for the opportunity to testify.

 14	I am here to urge you to issue California the

 15	Waivers for Advanced Heavy Omnibus Rules quickly and

 16	in full.	Issuing these Waivers will save lives,

 17	create new green jobs and help mitigate the

 18	advancement of climate change.	Massachusetts adopted

 19	both the ACT and Clean Truck Rules earlier this year.

 20	These regulations are crucial in fighting against

  1	health, economic and climate benefits to our

  2	communities.

  3	Transportation electrification is also a key

  4	strategy that Massachusetts is pursuing to reduce

             5	emissions from the sector to reach net zero by 2050.

             6	The Massachusetts Clean Energy and Climate Plan call

  7	for 50,000 medium and heavy-duty electric vehicles on

  8	our roads in this decade.	We are also signatory to

  9	the multistate MOU tracks and targets the purchase of

 10	medium- and heavy-duty vehicle sales to zero-emission

 11	by 2030.	There's no time to lose if we are to meet

 12	those goals.

 13	Several states, including Massachusetts, as

 14	well as manufacturers are already moving toward

 15	transition to electric trucks to clean up deadly

 16	diesel pollution combat the climate crisis.	To

 17	encourage faster adoption, Massachusetts has set up EV

 18	truck rebates to reduce upfront costs of electric

 19	trucks and is offering advisory services to help fleet

 20	operators plan this transmission.

               1	the strongest Clean Truck Rules now.	Any delay or

  2	partial Waiver will be disastrous.	It will prolong

              3	the suffering of those experiencing the results of

  4	truck pollution and send a wrong signal to

  5	manufacturers and states that have adopted a plan to

  6	adopt these regulations.

  7	In conclusion, I ask that the EPA approve the

  8	Waivers to California in full granting California

  9	these Waivers will slash air pollution, provide

 10	regulatory certification to vehicle manufacturers,

 11	create jobs and ensure an adequate supply of electric

 12	trucks consumers in the Commonwealth.

 13	Thank you so much for your consideration.

 14	THE MODERATOR:	I am going to pass it over

 15	to, before we move on to the next speaker, I'm going

 16	to pass it over to my colleague, Kayla Steinberg to

 17	continue with moderating this hearing.	Thank you.

 18	THE MODERATOR:	The next speaker willing Joan

 19	Schiller.	State your name and affiliation for the

 20	record.

  1	Director of the Inova Schlar Cancer Center in Fairfax,

  2	Virginia.	Before that, was Deputy Director of the

  3	University of Texas, Southwestern Comprehensive Cancer

  4	Center in Dallas.

                 5	I have published extensively on lung cancer.

  6	I have served on numerous leadership positions on

  7	professional cancer organizations and have served on

  8	committees for the National Cancer Institute, American

  9	Cancer Society, and American Society for Political

 10	Oncology and others.

 11	I know you have heard today extensive

 12	testimony about the impact of the burning gas and

 13	diesel on climate and health.	I am not going to take

 14	up your time to reiterate those points here.	Instead,

 15	I would like to address one health problem you may not

 16	have considered and that is lung cancer.

 17	Lung cancer is responsible for nearly one

 18	quarter of cancer deaths in the U.S. each year, about

 19	180,000 Americans.	It kills more Americans each year

 20	than does breast cancer, colon and prostate combined.

  1	Even with the newer -- of the many newer more

  2	effective treatments that have become available, the

  3	five-year survival for patients diagnosed with

  4	metastatic lung cancer is only six percent.	Lung

  5	cancer is a disease you do not want to get.	So why do

  6	I mention these dismal statistics?	Because air

  7	pollution is a Class 1 carcinogen as labeled by the

  8	International Agency for Research on Cancer.

  9	So the word carcinogen means it causes

 10	cancer.	And the cancer air pollution causes is lung

 11	cancer.	Air pollution is responsible for about

 12	14 percent of all lung cancer deaths worldwide and

 13	causes lung cancer even in people who have never

 14	smoked.	I saw these patients every day in my

 15	practice.	I recall a 35-year-old woman, never smoked,

 16	who presented with non-small cell lung cancer that had

 17	spread to her bones, brains and other lung.	She was a

 18	gastroenterologist, a physician, a mother of two and a

 19	long-distance runner, and she died of metastatic lung

 20	cancer two years after her diagnosis.

             1	that they survived long enough to see their children

              2	graduate high school and become independent adults.

               3	While we'll never know if air pollution was

             4	responsible for their particular lung cancers, we do

             5	know the incidence of lung cancer in people who have

             6	never smoked is rising, particularly in young women.

                 7	As you heard, more than 45 million people in

              8	the U.S. live within 300 feet of a major roadway or

              9	transportation facility.	And 72 million people live

            10	within 200 meters of a truck freight route.	People of

            11	color and those with lower incomes are more likely to

            12	live near truck routes.	So many millions of people in

 13	the U.S. are being exposed to these carcinogens.

 14	As an oncologist, my colleagues and I have

           15	seen the impact of air pollution firsthand on patients

 16	with no history of smoking developing lung cancer,

 17	patients unable to access cancer care due to the

            18	disruptions associated with floods and hurricanes and

            19	other extreme weather events.	And patients with lung

           20	cancer who are heavily impacted by air pollution, heat
                                       
  1	We must prevent these tragic deaths from lung

              2	cancer from happening.	We strongly urge the EPA to

           3	approve California's Waiver Request in full allowing

             4	the state to create the strongest possible limits on

              5	heavy-duty vehicle pollution thus saving lives from

  6	this terrible disease.	I thank you.

                  7	THE MODERATOR:	Thank you for your comment.

  8	As a reminder, if you are speaking today, you

              9	will receive a notification on your screen that you

 10	are being promoted to the role of panelist shortly

 11	prior to your speaking time.	You must click to accept

 12	that invitation to be able to be able to unmute when

 13	called to testify.	This will also allow to you turn

 14	on your camera which we encourage you to do.

                15	Speakers connected by telephone unmute their

 16	phone by pressing Star-6 when called to testify.

 17	Also a reminder to speak slowly and clearly

 18	so that our court reporter and interpreters can

            19	accurately capture your testimony.	If you cannot get

 20	through your prepared remarks in the five minutes

                  1	So the next speaker will be Marven Norman.

  2	Please state your name and affiliation for the record.

  3	MR. NORMAN:	My name is Marven Norman, a

             4	Policy Specialist for the Center of Community Action

             5	and Environmental Justice and a resident of Southern

  6	California, the City of San Bernardino.	And I am

  7	coming today on the, the, the proposal to make --

  8	grant California's Waivers and to talk about how that

  9	is just -- should be carried through.

 10	California, of course, has been given the

 11	opportunity to be granted a Waiver as long as it is

 12	meeting certain parameters, which we believe that the

 13	state has more than met so far.	We have been part of

 14	the, the, uhm, the community in helping lead CARB with

 15	their development of the proposals that they are now

 16	requesting Waiver for.	And we hope that the -- all

 17	this work has not been in vein.	We've determined if

 18	the Waiver is not granted, they would then have to

 19	basically start over, which could set back our

 20	communities by several years and throw into chaos all

  1	Administration, they have spoken, and they have noted

  2	the importance of prioritizing environmental justice

  3	and making sure that the community that's historically

  4	been disenfranchised or beginning to be made whole.

  5	And so with the truck rule, this is one way to

  6	definitely make sure that happens.	But that leads to

  7	Waivers.	These tools are really necessary for

  8	reducing the dangerous air pollution that impacts

  9	other communities here in Southern California and

 10	other similar environmental justice communities around

 11	the nation and that we want to make sure that these

 12	communities are allowed the opportunity to live full

 13	and productive lives absent pollution that comes from

 14	the heavy duty, uhm, uhm, trucking usage that, that

 15	currently happens because of diesel use.

 16	So we need our communities and the states

 17	that are opting into the Waiver to be able to have

 18	access to the policies and programs that get the most

 19	stringent reductions and they can't do that if they

  1	states have, if they are going to do more than the EPA

  2	does on its own.

  3	So we're calling on the EPA to make sure that

  4	we don't -- that you don't water down the standards

  5	and, and reject the Waiver and send everything into

  6	chaos.	We also need to know -- need to note that the

  7	there really should be a longer public notification

  8	window.	Because these, obviously, are very technical

             9	details and documents and we need time to be able to

 10	look through and get the information from them that

 11	is, that is relevant to our communities and learn how

 12	it impacts us.

 13	And so we are calling on you to increase that

 14	notice period that we can make sure all voices from

 15	our communities are heard.	And then, EPA, we really

 16	hope that you will continue to support more of the

 17	Waivers and allow California to set its own standards

 18	be able to --

 19	(Audio was lost)

  1	if you are having technical issues.

  2	MR. NORMAN:	I just saw the chat.	Yeah, I

  3	guess I will just say that we are hoping that the

  4	Waiver cannot be, uhm, denied and that it will stay

  5	and allow California to set the standards that we need

  6	to be able to keep our community safe.	Communities

  7	around the country are counting on you to keep them

  8	safe as well.	Thank you.

                  9	THE MODERATOR:	Thank you for your comment.

 10	For attendees that just joined and plan on

 11	speaking in this block, we're going a little bit out

 12	of order.	We started early.	Do not worry, we'll

 13	circle back to you.

 14	Our next speaker is Lindsey Mendelson.	State

 15	your name and affiliation for the record.

 16	MS. MENDELSON:	Thank you.	I think -- I'm

 17	just having trouble.	If the host can allow me to

 18	share my video -- oh, there we go.	My name is Lindsey

 19	Mendelson.	I'm the Transportation Representative with

 20	the Maryland Sierra Club.	Thank you for giving me the

              1	request in full in order to protect the public from

  2	breathing in pollution from medium- and heavy-duty

  3	vehicles that harm our health and also accelerates the

  4	climate crisis.

  5	I'm here to tell you that California's

  6	authority under the Clean Air Act to set emission

  7	standards is of great importance to Section 177 states

  8	and also in Maryland.	I live 1300 feet from Route 1

  9	Highway in Prince George's County that I cross daily,

 10	and I often see noisy, heavy-duty trucks especially

 11	when I am waiting at the bus stop on the road.	And I

 12	am worried about what this exposure to this pollution

 13	will have on my health in the long-term today.	And

 14	what the air quality index is for and I don't want to

 15	continue to look at the index every day to see if it

 16	is healthy to go outside and exercise.

 17	I also know that so many people in Maryland

 18	are at a high risk of breathing in this heavy

 19	pollution, especially communities that continue to

 20	face economic and racial injustices due to decades of

  1	heavy-duty trucks and buses make up only 9 percent of

  2	state's 4.2 million registered vehicles but they

  3	contribute a disproportionate 39 percent of nitrous

  4	oxide emissions and 48 percent of particulate matter.

  5	In the Baltimore region, nitrogen dioxide

  6	pollution contributes to more than 1300 cases of new

  7	cases of childhood asthma each year, and in some parts

  8	of Baltimore city as many as one in four new asthmas

  9	cases are attributable to this pollution.

 10	But it doesn't have to be this way.	Based on

 11	data from the recent International Council on Clean

 12	Transportation report, help like the Advanced Clean

 13	Truck Rule, which if this will be granted a Waiver,

 14	would avoid over 230 hospital admissions and emergency

 15	room visits, 270 premature deaths, and 116,000 cases

 16	of respiratory illnesses like asthma.

 17	This Waiver is of great importance and would

 18	allow us to adopt both the Advanced Truck Rule and

 19	heavy-duty NOx Rule as well.	This past year, the

 20	Maryland General Assembly adopted the Climate

  1	the state.	Allowing these policies to be adopted and

  2	enforced are critical to allowing our state to meet

  3	our climate target as well as the sales targets under

  4	the Memorandum of -- understanding that Maryland

  5	signed on to a few years ago.

  6	Therefore, in summary, I urge the

  7	administration to approve the Waivers in full to grant

             8	California the authority to create life-saving rules

  9	that will happy Marylanders breathe easier and also

 10	help our state meet our climate target.

 11	Thank you very much.

 12	THE MODERATOR:	Thank you for your comment.

 13	I know we have a couple more attendees that

 14	just joined.	So I just want to repeat, as a reminder,

 15	if you are speaking today you will receive a

 16	notification on your screen that you are being

 17	promoted to role of panelist shortly prior to your

 18	speaking time.	You must click to accept that

 19	invitation to unmute when you are called to testify.

 20	This will also allow you to turn on your camera, which

  1	clearly so the court reporter and interpreters can

  2	accurately capture your testimony.	If you cannot get

  3	through your prepared remarks in the five minutes

  4	allowed, you are welcome to submit your document to

  5	the docket list for consideration.

  6	I see some people have also joined from

  7	previous panels who did not get to speak.	If we have

  8	a chance at the end or while we are waiting for others

  9	to join, we'll get to you.

 10	Our next speaker will be Brian Urbaszewski.

 11	State your name and affiliation for the record.

 12	MR. URBASZEWSKI:	My name is Brian

 13	Urbaszewski.	Can I be heard now?

 14	THE MODERATOR:	Yes, we can hear you.

 15	MR. URBASZEWSKI:	Good afternoon.	My name is

 16	Brian Urbaszewski.	I am testifying as the Director of

 17	Environmental Health Programs at Respiratory Health

 18	Association in Chicago, a lung health nonprofit

 19	founded in 1906 that aims to prevent lung disease,

 20	promote clean air, and help people live better through

  1	Certification Regulations, the Omnibus Low NOx

  2	Regulation and Heavy-Duty Emission Warranty

  3	Regulation.

  4	My organization just released a report

  5	looking at the health impacts from diesel engine

  6	exhaust in Illinois.	The results were shocking enough

  7	to be covered local papers and radio stations

  8	statewide.	Over 400 deaths each year and 5,000 asthma

  9	attacks a year are attributed to diesel exhaust in

 10	Illinois.	This was only from pm 2.5 not including the

 11	effects of ozone, smog-forming NOx, nor the CO2

 12	fueling global warming and consequent harms in the

 13	Midwest.

 14	This is third time I'm speaking for EPA this

 15	year.	All had to do with the air quality in Illinois.

 16	I spoke in front of the Agency because Illinois failed

 17	to meet the legal requirements for the 2008 Ozone

 18	standard in Metropolitan Chicago, which must now be

 19	bumped to severe nonattainment.	It also failed to

 20	meet the 2015 Ozone Standard and should be bumped up

  1	such zero-emission-Emission vehicles.	Standards that

  2	would help both reduce harmful local emissions that

  3	contribute to ozone and pm 2.5 levels in Illinois, as

  4	well as greenhouse gases.

  5	In addition to the direct pollutant inflation

  6	threats of illness and premature death, greenhouse

  7	gases are also a health threat.	Hotter, longer

  8	summers with higher temperatures lead to elevated

  9	ozone levels.	More and longer climate change lead to

 10	wildfires.	Many -- hundreds of miles of land are

 11	increasing pm 2.5 emissions in the Midwest and hotter

 12	and longer heatwaves kill and sicken more people.

 13	These threats disproportionately harm already

 14	vulnerable populations like children, elders, and

 15	those living with chronic lung and heart disease.

 16	Approximately a million people live in

 17	Illinois with asthma.	It has been shown that

 18	minorities have a disproportionate exposure to air

 19	pollution and worse asthma outcomes than prevalence

 20	levels would predict.	We found that asthma

  1	are 4.3 times more likely to wind up in the emergency

  2	room with asthma.	That is why we're trying to reduce

  3	mobile source air pollution that exacerbates asthma

  4	and other lung diseases.

  5	Communities of color are more concentrated in

  6	urban environments and face the highest diesel engine

  7	exhaust threats.	And people in EJ communities in

  8	close proximity to major concentrations of diesel

  9	vehicles at ports, rail yards, and mobile facilities

 10	in warehouse districts, in particular, are put at the

 11	highest risk.	We want to adopt California Vehicle

 12	Emission Standards in Illinois, that offer greater

 13	health protection for Illinois residents and allowed

 14	by the Clean Air Act.

 15	People here are urging our Governor to do

 16	more to reduce air pollution by adopting California

 17	Vehicle Standards such as the ACT and NOx Omnibus

 18	Rules.	We now have that option because Illinois has

 19	used all of the options that are more stringent and

 20	offer greater health protection than the Federal

  1	continue to follow decades-long precedent and approve

  2	the Waiver requested by California for its truck

  3	regulations.	And specifically the Waivers for the

  4	Heavy-Duty Omnibus Rule, the Advanced Clean Truck

  5	Rule, and the Heavy-Duty Emission Warranty Regulation

  6	Amendments.

  7	My organization fears that any partial denial

             8	of the more protective rules of California and other

  9	states have adopted will have to redo them, require

 10	them to go through an additional time-wasting exercise

 11	that not only makes them weaker and less protective,

 12	but wastes precious months and possibly years where

 13	people would otherwise be breathing cleaner air.

 14	The decision you face affects far more than

 15	the state of California.	Don't take away tools that

 16	can make the air cleaner and people healthier in

 17	states like Illinois.	In this decision, the lives and

 18	health of Americans must outweigh any business calls

 19	for less regulations and higher profitability.

  1	remarks in the five minutes allowed by speaking more

  2	slowly, you are welcome to submit them to the docket

  3	listed on the screen for consideration.

                   4	Our next speaker is Morgan Folger.	State

  5	your name and your affiliation for the record.

                 6	MS. FOLGER:	I'm Morgan Folger, like the

               7	coffee.	I am the Designation Zero Carbon Campaign

               8	Director with Environment America.	I am speaking

  9	today on behalf of Environment American's members and

 10	supporters across the country who want clean air and a

 11	healthy climate.

 12	Thank you EPA for your actions so far for

 13	cleaner trucks.	I urge you to approve California's

 14	Waiver Request in full so that we can move ahead with

 15	Rules for cleaner trucks.

 16	Each year pollution from cars, trucks and

 17	other vehicles cut short an estimated 58,000 lives,

 18	increases lung cancer, stroke and disease and other

 19	illnesses.	Trucks and buses are everywhere in our

  1	nitrogen oxide emissions and it is the heavy-duty

  2	vehicles that are, uhm, being considered to reduce

  3	pollution, make up only ten percent of the vehicles on

  4	our roads, and they contribute 45 percent of the

  5	transportation sector's nitrogen oxide pollution.

  6	Limiting the smog pollution from trucks will

  7	help save lives and more needs to be done to help curb

  8	health threatening air pollution especially from

  9	trucks.

 10	For California and many states across the

 11	country, those states are dealing with incredibly poor

 12	air quality working to do everything to clean up that

 13	pollution.	According to reports by Environmental

 14	Health California Research and Policy Center, over 28

 15	million Californians, about 70 percent of the state's

 16	population, experience over a hundred days of

 17	unhealthy air quality in 2020.	And 98 percent of

 18	California's population experience at least a month of

 19	higher days.

  1	transportation.

  2	So states should continue to lead the way

  3	towards that cleaner technology including

  4	zero-emission-Emission trucks which can help them

  5	address those local air pollution problems and meet

  6	their climate goals.	States have always been the

  7	incubators for climate policy and better address the

  8	climate crisis and taking steps further than, you

  9	know, the bare minimum.

 10	For 50 years U.S. states have had the

 11	explicit right granted under the Clean Air Act to

 12	protect residents' health and choose cleaner truck

 13	standards that are safer than the Federal standards.

 14	Currently six states representing more than 20 percent

 15	of the medium- and heavy-duty truck market are

 16	committed to adopting the Advanced Clean Trucks

 17	mandates, and more are considering the Rule.	And

 18	these leadership states are preparing for these

 19	all-electric trucks, and we shouldn't hold them back

 20	from making progress for cleaner air.

  1	Environmental Protection Agency can enforce stronger

  2	standards all across the country, not just in

  3	leadership states.

  4	And to the point that vehicle manufacturers

  5	are going to face challenges, the technology is

  6	already there to meet stronger standards.	I've been

  7	to many electric vehicle showcases, and actually one

  8	at the Department of Transportation just a couple

  9	weeks ago, where you can see the electric trucks

 10	firsthand are ready to roll onto our streets.	There's

 11	an electric semi-truck.	There are electric refuse

 12	trucks, school and transit and shuttle buses, terminal

 13	trucks for distribution centers and warehouses,

 14	electric postal trucks, and so many more that are

 15	already developed and ready to be deployed.

 16	And as states move ahead with these Rules, it

 17	will help grow even more investment in this new market

 18	for cleaner vehicles.	And these are the things we

 19	need in order to protect our planet.

  1	THE MODERATOR:	Thank you for your comment.

  2	Our next speaker is Greg Ohadoma.	State your

  3	name and affiliation for the record.

  4	MR. OHADOMA:	Good afternoon.	Greg Ohadoma.

  5	I'm the Policy Associate with the Northeast Community

  6	Council for NECEC.	NECEC's mission is for a just

  7	transition to a clean energy economy across New

  8	England and New York.

  9	I am here today to urge EPA to approve

 10	California's Waiver request in full, allowing

 11	California to create the strongest possible limits on

 12	heavy-duty vehicle pollution and to accelerate the

 13	transition to zero-emission-Emission vehicles.

 14	It is now clearer than ever that we must stop

 15	climatic decarbonization of our transportation sector.

 16	Moreover, giving states the option to adopt the

 17	earliest and strongest possible clean electric truck

 18	standards is necessary to promote environmental

 19	justice and to provide relief to our freight corridor

  1	If the EPA were to deny even part of the

  2	California Waiver Request, it represents a serious

  3	attack on communities.	The adoption of the ACT Rules

  4	will reduce the disproportionate burden of diesel

  5	emissions on environmental justice communities for far

  6	too long.	In delaying the Clean Trucks and Electric

  7	Truck Standards will prolong the suffering experienced

  8	by these communities that are living daily with

  9	impacts from racism, generations of marginalization of

 10	single families and redlining that make them

 11	vulnerable to pollution effects.

 12	The disproportionate impacts from air

 13	pollution on the environmental justice communities is

 14	one of the most extreme examples of racism that we see

 15	in our country today.	By approving the Waiver, we

 16	have an opportunity to right the wrongs of the past

 17	and build a clean future.

 18	And I would also like to note that the ACT

 19	Rule is not only a social market driver, the ACT rule

  1	So again, I want to note that NECEC urges the

  2	EPA to grant California the authority to create

  3	life-saving changes to reduce pollution and to

  4	accelerate the transition to zero-emission-Emission

  5	electric trucks and buses.

  6	Thank you for the opportunity to testify.

  7	THE MODERATOR:	Thank you for your comment.

  8	Our next speaker is Britt Carmon.	State your

  9	name and affiliation for the record.

 10	MS. CARMON:	Thank you.	Good afternoon.	I

 11	am Britt Carmon.	I'm a Senior Advocate for Clean

 12	Vehicle and Fuel at the Natural Resources Defense

 13	Council or NRDC.

 14	I'm here today on behalf of NRDC and its

 15	3 million members and activists who support our

 16	efforts to safeguard the rights of all people to clean

 17	air, clean water, and a healthy planet.	Eliminating

 18	heavy-duty vehicle and engine pollution is essential

 19	for protecting human health, community and our planet.

  1	Zero-Emission Powertrain Certification Regulation and

  2	Heavy-Duty Emission Warranty Regulation Amendment.

  3	For more than 50 years, such Waivers have

  4	allowed states to protect their citizens by adopting

  5	timely emission standards that exceed those at the

  6	Federal level.	The state level action is critically

  7	important especially for frontline communities.

  8	According to EPA's own estimates, approximately

  9	39 million people in the United States are exposed to

 10	elevated levels of diesel pollution and most of those

 11	who are exposed are low income people of color for

 12	decades.	Environmental Justice advocates have called

 13	for an end to the disparate impact that these

 14	frontline communities continue to experience.

 15	Anything less than fully granting these

 16	Waivers ignores the goal and is contrary to the

 17	Administration's commitment to Environmental Justice

 18	being a top priority, and stand in solidarity with

 19	these frontline communities and with the Moving

 20	Forward Network in calling on EPA to fully act in

  1	would cut Heavy-Duty NOx emissions by 90 percent

  2	resulting in approximately 2,480 avoid premature

  3	death, and over 2,000 avoid hospitalizations in

  4	California alone by 2050.	This translates to a total

  5	state health benefit of 23 billion from 2024 to 2050.

  6	Zero-Emission reduction and health benefits

  7	are also projected to improve in states that have

  8	adopted or considering to adopt the Omnibus Rule.	EPA

  9	is also considering the Waiver Request for Advanced

 10	Clean Trucks and other company rules.	If this Waiver

 11	is fully granted, this rule will increase

 12	zero-emission-Emission truck sales up to 40 to 75

 13	percent by 2035.	As well as the sales will create

 14	thousands of new jobs and cut toxic pollution

 15	communities.

 16	These emission reductions are vital.	And if

 17	a full Waiver is not granted, many of these vulnerable

 18	frontline communities will be exposed to higher

 19	pollution.

 20	With regards to the Final Waiver Request

  1	engine emissions control systems continue to function

  2	as designed throughout the engine's life.	So that

  3	emissions from that technology can remain as low as

  4	possible.

  5	In conclusion, anything less than the full

  6	approval of the three Waiver request under

  7	consideration by EPA is unacceptable.	Granting a

  8	partial Waiver will unnecessarily delay these

  9	life-saving emissions reductions and would have

 10	far-reaching impacts outside of California.

 11	For example, if the implementation of the

 12	Advanced Clean Trucks or Heavy-Duty Omnibus

 13	Regulations is delayed by two years, approximately

 14	39,000 tons of NOx benefits will be lost.	This will

 15	result in 480 premature deaths, and over 390

 16	hospitalizations in California alone.

 17	Additionally, not approving the full Waiver

 18	Request would fail to uphold this Administration's

 19	commitment to prioritize the EJ communities.

 20	The Trump Administration's Waiver action runs

                1	For new attendees, just so you know, we're

  2	going a little bit out of order.	Wait until you

  3	receive a notification on your screen that you are

              4	being promoted to the role of panelist.	You should

  5	get this shortly before your speaker time.	You must

  6	click that to accept the invitation to unmute when are

  7	called to testify.	This will allow you to turn on the

  8	camera, which we encourage you to do.

                  9	If you are connected by telephone, you can

 10	unmute by pressing Star-6 when called to testify.

 11	Also, speak slowly and clearly so the court

 12	reporter and interpreters can accurately capture your

 13	testimony.	If you do not get through your prepared

 14	remarks by speaking more slowly, you are welcome to

 15	submit it to the docket listed on the screen for

 16	consideration.

 17	The next speaker is Jaimini Parekh.	State

 18	your name and affiliation for the record.

 19	MS. PAREKH:	My name is Jaimini Parekh.	I'm

 20	an attorney with Earthjustice in our Northwest office.

  1	in Washington and represented the Natural Resources

  2	Defense Counsel, and DRCC Coalition comments.

  3	DRCC is a environmental justice organization

  4	that seeks to elevate the concerns of communities like

  5	the Duwamish Valley who are heavily impacted by goods

  6	movement pollution.

  7	We urge the EPA to adopt full the Waiver that

  8	would allow California to adopt the Advanced Clean

  9	Truck Rule, and Heavy-Duty Omnibus Rule as well as

 10	other standards at issue approval.	These Waivers have

 11	allowed California to set emission standards that

 12	exceed those at the national level and allow other

 13	states to adopt more stringent standards.	In fact,

 14	the only way states can require more stringent

 15	emission standards than exists at the national level

 16	is adopting California's more stringent and protective

 17	those standards.	Washington's legislature recently

 18	required adoption of all of California's Mobile

 19	emission standards.

 20	EPA should continue to uphold its

  1	Washington's air quality.	The vast majority of trucks

  2	in the state use diesel-powered engines.

  3	Seventy-five percent of all trucks and up to

  4	97 percent of heaviest classes use these engines.

  5	They are the largest source of diesel exhaust in the

  6	state and these Rules, the Heavy-Duty Omnibus Rule and

  7	the Advanced Clean Truck Rule will have a major

  8	beneficial impact in reducing NOx pollution as well as

  9	reducing greenhouse gas pollution from the

 10	transportation sector in Washington.

 11	Diesel pollution has a major health impact on

 12	social justice communities in Washington and this

 13	pollution is disproportionately concentrated in high

 14	traffic corridors which often means communities of

 15	color and middle and low income communities like the

 16	Duwamish Valley communities are often located in close

 17	proximity to ports, railyards and distribution centers

 18	as sequence to of history land-use patterns and

 19	environmental racism.

 20	Residents of Duwamish Valley living in the

             1	pollution coming from commercial trucking is harming

  2	the health of their families.

  3	Of great concern, diesel pollution is a major

             4	and primary factor to cancer risk in Seattle.	Diesel

             5	risk contributed to over 70 percent of the potential

             6	cancer risk at sites the study evaluated in Seattle.

  7	The transportation sector is also the largest

             8	contributor in greenhouse gas emissions in the state

  9	of Washington and accounts for close to half of the

 10	state's greenhouse gas emissions.

 11	Transportation-sectors emissions are a principal

 12	factor causing an increase in total statewide

 13	emissions.	On-road emissions from gasoline and diesel

 14	account for 30.8 percent of Washington's total GHG

 15	emissions with diesel vehicles contributing 8 percent

 16	of the total statewide GHG emissions.

 17	We strongly urge EPA to adopt the full Waiver

 18	for the Advanced Clean Truck Rule, Heavy-Duty Omnibus

 19	Rule and other rules.	Doing so will help clean up

 20	toxic diesel pollution, help Washington achieve its

  1	THE MODERATOR:	Thank you for your comment.

  2	The next speaker will be Jack Symington.

  3	State your name and affiliation for the record.

  4	Jack Symington, I am not sure if you are

  5	trying to speak, but you are muted currently.

  6	MR. SYMINGTON:	Can you hear me now?

  7	THE MODERATOR:	I can hear you now.

  8	MR. SYMINGTON:	Appreciate the opportunity to

  9	make a comment at this Waiver of the California's

 10	Heavy-Duty program, the California Air Resources

 11	Board, and the agency in the environmental communities

 12	and the nonprofits have been working tirelessly for

 13	years and decades in ensuring that we can protect our

 14	air, that we can build an economy that advances the

 15	environmental and climate goals that we need.

 16	The Los Angeles Clean Tech Incubator focuses

 17	on the developing an inclusive green economy.	And

 18	this rule really, you know, the granting of these

 19	Waivers are really necessary for both of those things,

 20	not only to make it inclusive to ensure that the

  1	Zero-Emission technology becomes ever more needed to

  2	provide for the logistics needs, uhm, of California

  3	and the greater world.	It's really an opportunity not

  4	only for California to lead the world but the United

  5	States to be a leader.	A failure to grant the Waivers

  6	would have quite a chilling effect on companies that

  7	have invested in our leaders both nationally and

  8	globally in some of these zero-emission-Emission

  9	technologies.

 10	And so I would certainly encourage the EPA to

 11	grant these Waivers so that California and the U.S.

 12	can continue to lead in the development of these

 13	technologies and that the people of California

 14	suffering from the worst impacts of goods movement and

 15	that all Americans receive some respite from the

 16	pollution.

 17	I certainly urge you to grant these Waivers

 18	and I'm happy to relinquish the remainder of my time.

 19	Thank you.

 20	THE MODERATOR:	Thank you for your comment.

  1	grant the Waiver for these Rules.	These policies, you

  2	know, the ACT and HDL and others are necessary tools

  3	for reducing dangerous air pollution that continues to

  4	plague many of our environmental justice communities

  5	across the nation from numerous and deadly toxic

  6	diesel pollution, including my own.	I live in a

  7	hybrid community and it is really, really important to

  8	my neighbors and our community members here in the

  9	region.

 10	Our communities and our state should have

 11	access to policies and programs that call for the most

 12	stringent emission reduction projects.	These are

 13	Rules that save lives.	I really encourage EPA to

 14	approve the Waivers.

 15	Thank you very much.

 16	THE MODERATOR:	Thank you for your comment.

 17	The next speaker is Akashdeep Singh, but I

 18	don't see your name in the attendees list.	If you are

 19	present, please raise your hand.	If you are joining

 20	by phone -- although I don't see anybody joining by

  1	present, please raise your hand or press Star-9 so

  2	that I can raise you to a panelist.

  3	At this time we have no one else scheduled to

  4	speak during this time spot.	I can see, however that

  5	we have a speaker who is registered at a previous

  6	speaker block.	So, Angelique Espinoza, you may give

  7	your testimony now.	State your name and affiliation

  8	for the record.

  9	MS. ESPINOZA:	Thank you.	My name is

 10	Angelique Espinoza, Policy Director for Good Business

 11	Colorado.	I'm very pleased to be here today.	Thank

 12	you for the opportunity to speak.

 13	I'm working with a coalition to pass a

 14	similar Clean Trucks Rules in the state of Colorado.

 15	And I have business members across the state, over

 16	430, mostly small business members across the state

 17	who embrace the values of environmental sustainability

 18	and equitable communities as well as profitable

 19	business.	And these businesses by and large

 20	landscaper, caterers, solar installers, may have one

             1	their outside active summer camps when they have air

  2	quality like we are experiencing now.

                 3	And, of course, we have a lot of tourism and

             4	that tourism is largely dependent on having clean air

             5	and clean water and the beautiful space that we have

  6	in Colorado for people to enjoy.	As well as

  7	breweries, distilleries, people who also depend on

  8	clean water and the opportunity for people to sit

  9	outdoors and enjoy dining in the summertime.

 10	All of this to say that the business

 11	community that I speak with is very concerned about

 12	the air pollution as something that is causing them

 13	negative economic impacts right now.	Not at some time

 14	in the future, which we know is also coming, but

 15	really right now.	And they want to start replacing

 16	their vehicles with electric vehicles.	And they know

 17	that because they are smaller business it is going to

 18	take some time before they are able to buy those used

 19	from the larger businesses who are going to be getting

 20	the first ones that are coming off the line.	And with

  1	members in ensuring that if we're able to pass Clean

  2	Trucks Rules in Colorado, we will be able to enact and

  3	enforce them.	Your decision on California's Rules has

  4	a direct impact, of course, on us for the future.

                  5	So I would urge you today to please ensure

              6	that California is able to enact the laws that they

  7	have to get more clean trucks on the roads.	We know

              8	that they are, in fact, more affordable to own and

  9	operate over the long haul -- forgive the pun -- and

 10	that it is better for all of us if we get this

 11	polluting vehicle off the roads and enable business

 12	communities to embrace and be able to use the

 13	zero-emission-Emission vehicles.

 14	I would just point out that in addition to

 15	the smaller businesses that I work with, I was very

            16	pleased to see a letter from an association of truck

 17	manufacturers who actually support the Clean Trucks

 18	Rules.	And I saw a lot of large manufacturers of

 19	clean trucks who really embrace this opportunity to

 20	accelerate their production of clean trucks, both

  1	really appreciate your service.	I know that it is a

              2	lot of work and that you -- that you put your heart

  3	and soul and your best thought into it.

  4	Thank you very much and thank you for the

  5	opportunity to speak today.

  6	THE MODERATOR:	Thank you for your comment.

  7	If there's anyone else online that was

  8	scheduled to speak on this panel or an earlier panel

  9	and was unable to do so at that time, please raise

 10	your hand using the Zoom function or Star-9 if you

 11	joined us by phone.

              12	I don't see anyone else raising their hand.

 13	However, we did start this session a little bit early.

 14	In order to allow people who are scheduled to speak

 15	later in the session the opportunity to join later,

 16	we're going to take a brief break and be back at 4:40

 17	to make sure that there's nobody else who wishes to

 18	speak.	Thank you.

 19	(Recess)

  1	you can raise your hand via the Zoom function or if

  2	you are calling in, you can press Star-9, and you can

  3	speak now.

  4	MR. SIMON:	I think if there's somebody that

  5	hasn't been registered we can allow that or somebody

  6	that's on tomorrow's panel that would like to go

  7	today, since we have a little bit of time, we're happy

  8	to hear from anybody else.

  9	THE MODERATOR:	Just raise your hand either

 10	in the Zoom function or Star-9 and we can raise you to

 11	panelist so you can speak.

 12	THE MODERATOR:	It looks like there are no

 13	more speakers.	So we're now at the end of our

 14	afternoon session.	We will be concluding the virtual

 15	hearing for today.

 16	Karl, are we ready to conclude?

 17	MR. SIMON:	Yes.	I want to thank our

 18	speakers today.	We really appreciate you taking the

 19	time to share your views with us.	We look forward to

  1	listed in the Federal Registered Notice.

  2	Thank you again.	Thanks to the EPA Team and

  3	our interpreters and court reporter for today's work

  4	as well too and we will see everybody starting at Noon

  5	tomorrow.	Correct, Kayla?

  6	THE MODERATOR:	Correct.	Noon tomorrow.	I

  7	believe you can use the same link that you joined

  8	today to join tomorrow.

  9	Thank you for your patience.	Those who had

 10	to reregister, you may be prompted to do that

 11	tomorrow.	If you run into any issues, feel free to

 12	E-Mail me.	I'm the one that sends you the invite.	It

 13	should be easy to find my E-Mail address.

 14	MR. SIMON:	Thank you all.	Have a great rest

 15	of your day.	See you all tomorrow.

 16	(The Public Hearing was concluded at 4:43

 17	p.m.)

 18

 19

 20


1

 CERTIFICATE OF REPORTER

2

  STATE OF MICHIGAN

      )

3


      ) SS

4

  COUNTY OF OAKLAND

      )

5



  6	I, Robin D. Gadwa, Certified Shorthand

  7	Reporter, do hereby certify that the above hearing

  8	was taken before me at the time and place hereinbefore

  9	set forth; that the foregoing statements made by

 10	the speakers were duly recorded by me stenographically

 11	and reduced to computer transcription; that this is a

 12	true, full and correct transcript of my stenographic

 13	notes so taken; and that I am not related to, nor of

 14	counsel to any of the parties, nor interested in the

 15	event of this cause.

 16

 17

 18	ROBIN D. GADWA, CSR-2607, RPR, FPR, FAPR

 19	Notary Public

 20	Oakland County, Michigan






















































































