----- Original Message -----

**From:** Gina McCarthy

**Sent:** 02/10/2010 02:41 PM EST

**To:** Peter Tsirigotis

**Subject:** Re: Fw: RICE - for discussions with Gina - we had a good 25

minute discussion - I appreciate it

Peter, I just wanted to provide some additional info on the call I had with Kevin. From my

perspective, the call was unexpected since Kevin is career staff and not political, but it was

valuable nevertheless. I asked many ti mes what small busine ss interest Kevin was

concerned about and what specific impacts he was trying to mitigate. After 15 minutes of

questions, I did not hear any new informat ion from Kevin concerning small business

concerns or impacts that had not already been thoroughly considered and addressed. He

eventually then focuse d on the DOE study which I was not entirely familiar with, which he

characterized as clear evidence that the emission we were seek ing to reduce did not travel

farther than 250 feet or so. He then argued - on the basis of this st udy - that we should

only apply the new standards to engines that we re within a certain ra dius of "people"? I

tried to point out two things, 1) that I wasn't familiar with the DOE report but its

conclusions seemed inconsistent with all our other analysis on PM 2.5, and 2) the idea that

we could set and enforce location al criteria as part of the standard setting process was as

far as I know unprecedented and clearly imprac tical. I did tell him that I would read the

study. That's it.

If what you are telling me is accurate abou t what the DOE study says and does not say,

then there seems to be nothing left to discuss with Kevin.

Peter Tsirigotis---02/10/2010 09:07:38 AM---Attach ed is the note kevi n sent us and OMB

following his discussi on with you on a new approach he ha

From: Peter Tsirigotis/RTP/USEPA/US

To: "Gina McCarthy" <McCart hy.Gina@epamail.epa.gov>

Date: 02/10/2010 09:07 AM

Subject: Fw: RICE - for discussions with Gina - we had a good 25 minute discussion - I appreciate it

Attached is the note kevin sent us and OM B following his discussion with you on a new

approach he has.

From: "Bromberg, Kevin L." [kevin.bromberg@sba.gov]

Sent: 02/09/2010 03:02 PM EST

To: Robertj Wayland; Peter Tsirigotis

Cc: "Maresca, Charles A." <Charles.Maresca@sba.gov>; "Higgins, Cortney"

<Cortney_Higgins@omb.eop.gov>

Subject: RICE - for discussions with Gina - we had a good 25 minute discussion - I

appreciate itThanks, Bob

‐ as we discussed

– here is our proposed solution:

Rural engines should be excluded from retrofits if no person resides within 300 meters.

Limited use engines that operate up to 100 hours, with < 500 HP should be excluded from

retrofits. This would complement the existing limited use rule, which uses 100 hours for

engines >500 HP at major sources. If and when EPA decides to re

‐ open the existing limited use

rule, it can modify this rule again, if it so chooses.

Both classes of engines would be subject to the emergency engine standards, instead of the

retrofit standard.

Kevin Bromberg

Office of Advocacy

U.S. Small Business Administration

409 Third Street, SW

Washington, DC 20416

Tel: 202-205-6964; Fax: 202-205-6928

E-mail: kevin.bromberg@sba.gov

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