----- 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 times what small business 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 information from Kevin concerning small business 

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

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

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

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

only apply the new standards to engines that were within a certain radius 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 locational criteria as part of the standard setting process was as 

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

study. That's it. 

 

If what you are telling me is accurate about 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---Attached is the note kevin sent us and OMB 

following his discussion with you on a new approach he ha

From: Peter Tsirigotis/RTP/USEPA/US

To: "Gina McCarthy" <McCarthy.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 OMB 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 it 
Thanks, 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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