I

Truck

& Engine Manufacturers Association®

333 West Wacker Drive, Suite

81 0 Chicago, Illinois 60606 Tel: (312) 929-1970

I Fax: (312) 929-1975 www.truckandenginemanufacturers.org Bringing Cleaner Power

to the World Since 1968® February

20 ,2 015 Ms. Cynthia Giles Assistant Administrator Office

of Enforcement

and Compliance Assurance U.S. Environmental Protection Agency William Jefferson Clinton Building 1200 Pennsylvania Avenue,

N

. W. Mail Code: 2201A Washington,

D.C. 20460 Dear Ms. Giles: I would like
to meet with you
to discuss

the possibility

of the Office

of Enforcement

and Compliance Assurance (OECA) providing

"no action assurance" relief

to the manufacturers

and users
of certain stationary source diesel engines. EPA already
has made

a policy determination to provide flexibility in its regulations

for nonroad diesel engines
and equipment
used

in emergency operations

. That flexibility allows nonroad equipment

to continue

to operate

to ameliorate

the emergency

and save lives without having

to be concerned

that the functioning

(or nonfunctioning)

of emission controls could lead

to
a mission disabling inducement. Specifically, EPA has adopted

a final rule which allows operators

of nonroad diesel engines
and equipment the means

to obtain short-term relief from the inducements associated
with the use of selective catalytic reduction (SCR) emission control technology while operating

in emergency situations, such

as those where operation

of the nonroad equipment

is needed

to protect human life. The extensive background explaining

the need for such relief

is available

in the docket associated with EPA's direct final rule and notice

of proposed
rule published

on June

8, 2012 and
in EPA's Final Rule published

on August

8, 2014. See 77 Fed. Reg. 34130-34148;

77 Fed. Reg. 34149- 34178;

79 Fed. Reg. 46356-46375

and Docket

ID No. EPA-HQ-OAR-2011-1032. EPA's actions granting relief have

so far been focused

on nonroad mobile diesel engines. However, EMA and its members have been working with EPA

to assure that the manufacturers and users
of diesel engines used

in stationary source applications

have the same type of relief EPA has provided

for mobile source engines. Those stationary diesel engines typically share the same technologies

and often are identical

to their nonroad mobile counterparts

. Indeed, EPA has allowed mobile
and stationary engines

to be dual certified since the inception

of stationary engine regulations.

That provides significant

cost savings

to manufacturers,
dealers

, and users and substantially reduces administrative burdens

to them and
to the Agency. If manufacturers implement

the inducement override EPA has now authorized

for nonroad mobile engines,
dual certification

will not be available

as an option and costs and complexities

will skyrocket.

Of even greater importance, nonroad equipment operating today during

an emergency

are able

to take advantage

of the relief EPA has provided,

and avoid shutting down

if the equipment

runs out of diesel exhaust fluid (DEF)

or if the engine senses, correctly

or not

, that

it should

go into inducement mode.
An operator using that same engine

in
a A Non Go

v ernmental Organization

in Special Consultati

ve Status

w ith the Economic

and Socia

l Council

of the United Nationsstationaryapplication,suchasapumporgenerator,wouldnotbeabletooverrideaninducementand,thus,theoperatorofsuchequipmentrunstheriskofitshuttingdowninanemergency.Foralloftheabovereasons,andforallofthereasonssetforthinEPA'smobilesourcerulemakingnotedabove,wehaveaskedEPA,andweunderstandthatEPAhasagreed,tomoveaheadpromptlytoprovidemanufacturersandoperatorsofstationarysourceenginesandequipmentwiththesamereliefithasfinalizedfornonroadenginesandequipment.WefurtherunderstandthattheOfficeofAirQualityPlanningandStandards(OAQPS)haspreparedadraftofsucharule,thatthepolicydecisiontoproceedwithsucharulehasbeenmadebytheOfficeofAirandReduction(OAR),andthataproposedrulecouldbepublishedassoonaslatewinterorearlyspringthisyear.However,itisuncertainwhenafinalrulewillbepublishedand,thus,whenthenecessaryreliefactuallywillbeavailabletobeused.InasmuchasEPAalreadyhasmadeapolicydecisiontoallowtheuseoftemporaryaoverrideforbothmobileandstationaryenginesandequipmentusedinemergencies,andbecausethetimelagbetweenthefinalizationofthemobileruleandthefinalizationofthestationaryrulecreatessignificantpotentialproblemsandexpenses,EMAanditsaffectedmembersareaskingOECAtoexerciseitsauthoritytoprovide"noactionassurance."A"noactionassurance"letterfromOECAwouldallowmanufacturersandoperatorsofdieselstationaryenginesandequipmenttoimmediatelybeginusingthetemporaryinducementoverridealreadyadoptedbyEPAfordieselmobilesourceenginesandequipment."Noactionassurance"wouldavoidthefollowingsituations:•Becausemanufacturerscannotdualcertifyanonroadenginewithourinducementoverrideanditscounterpartstationaryapplication,manufacturerswillberequiredtosplitenginefamilies;dealersandcustomerswillberequiredtodoubletheirinventory;andEPAwillfacesignificantdemandsonitsalreadyoverburdenedcertificationstaff.•Sincethecostsandburdensofsplittingenginefamiliesissignificant,andbecausemanufacturerswere hopingforpromptactionbyEPAinprovidingstationaryemergencyoperationrelief,manymanufacturershaveyettoimplementtheinducementoverrideprovidedinthenonroademergencyoperationfinalrule.AsmoreandmoreproductswithSCRtechnologyenterthemarketplace(withtherequiredshutdowninducementandwithouttheoverride),theriskofashutdowninanemergencygrowsmoreandmorelikely.•SomecustomersalreadyhavepurchaseddualcertifiedstationaryengineswithTier4(SCR)technologyandareusingthoseenginesingeneratorsinstalledinmajormedicalcenters.WithouttheabilitytooverridetheinducementthatEPAregulatorillyrequiresforthoseapplications,thereissignificantcurrentriskofharmtohumanlife.•ManycustomerswouldliketopurchasethecleanestTier4productstoday,butareunwillingtomakethosepurchasesbecauseofthefearofshutdowninthecaseofanemergency.Insomesituations(thosesubjecttothespecialemergencyoperationrules)customerscanpurchaseTier2orTier3enginesinstead.Inothersituations, customers

are simply delaying their purchases

and continuing

to operate their unregulated

or previous tier engines longer

. In all such cases, there is
a significant

loss
in environmental benefits. The risks associated
with failing

to allow manufacturers

the ability

to provide operators the means

to override

the inducements

that otherwise

will cause their pumps

, electric generators

, and emergency stationary generators

to avoid reduced operation

and shutdown

are significant. We know that the failure

of

a single ambulance

to perform

its mission
due
to an alleged triggered inducement caused significant adverse publicity

for EPA and manufacturers.

EPA should
not put itself

in the position

of explaining
how

a backhoe could continue

to operate

in an emergency, but that

a pump

or

a generator

was required

to shut down, and could not perform

its life saving miSSIOn. EMA and its members

are available

to meet with

you
to further explain

the serious risks to human
life that exist today because stationary engines with clean SCR technologies cannot temporarily override

, in an emergency

, regulatory imposed inducement.

We also are prepared

to further explain

the costs and burdens

, and adverse impacts

on air quality, that will occur pending the finalization ofthe soon

to be expected OAQPS stationary engine rule

. Please

let me know when you are available

to meet.

If you need additional information, please

do not hesitate

to contact

me

. cc: Janet McCabe Christopher Grundler Phillip Brooks Bryon Bunker

Very truly yours, **_/ ~**  , **JedR**

**del** President