----- Forwarded by Melanie King/RTP/USEPA/US on 03/08/2011 02:01 PM

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>--------------------------------------------------------------------------- ---------------------------------------------------------------| |Melanie King/RTP/USEPA/US |

>--------------------------------------------------------------------------- ---------------------------------------------------------------| |------------> | To: | |------------>

>--------------------------------------------------------------------------- ---------------------------------------------------------------| |Matt Todd <ToddM@api.org> |

>--------------------------------------------------------------------------- ---------------------------------------------------------------| |------------> | Date: | |------------>

>--------------------------------------------------------------------------- ---------------------------------------------------------------| |03/03/2011 03:20 PM |

>--------------------------------------------------------------------------- ---------------------------------------------------------------| |------------> | Subject: | |------------>

>--------------------------------------------------------------------------- ---------------------------------------------------------------| |API comment 1.6 on June 2010 engine NSPS amendments |

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Hi Matt, I wanted to follow up on our discussion last week regarding comment # 1.6 in API's September 8, 2010 comments on the proposed amendments to the NSPS for stationary engines. This is the comment on the proposed definition for installed. If you look at our response to the comments on the original NSPS proposal for CI engines, specifically at the response to comment # 1.3, which I have copied below, it's pretty clear that we didn't mean "commence construction" in the section dealing with installing engines from previous model years. So I believe the definition that we proposed in the 2010 amendments is fairly consistent with our intent when those provisions were originally written. Note that as we discussed, EMA did comment on our proposed definition that it should only mean the engine is placed and secured at the location where it is intended to be operated, and we are evaluating making that change in the final rule.

1.3 Comment: Two commenters (234, 258) said that the word “install” is not specifically defined in §60.4216 of the proposed rule. Commenter 234 said that the word “install” in §60.4208 of the proposed rule should be replaced by the more accurate term “commenced construction” consistent with the regulatory definition in 40 CFR 60.2 and 40 CFR 52.21(8) and (9) and that this will eliminate any ambiguities for regulatory agencies and owners/operators.

Response: EPA does not believe it is appropriate to use the term “commenced construction” instead of “install” in §60.4208 of the rule, and has retained the term “install” in the final rule. The purpose of this provision is to ensure that older engines meeting less stringent standards are no longer installed by owners and operators after a reasonable period of time has elapsed once engine manufacturers begin making cleaner engines. In §60.4208 of the final rule, EPA is providing up to 24 months for owners and operators to install stationary engines produced in a previous model year that do not meet the applicable requirements for that particular model year (see comment 1.4). Commencing construction has been defined in the General Provisions to include commencing a contract to build, which would cause the requirements of this section to be delayed even further, and would also be more difficult to enforce. For that reason, EPA believes it is more appropriate to use the term “install” rather than “commenced construction.” We believe 24 months is enough time for an owner or operator to install an engine that is not a clean as engines being manufactured at that time. For the purposes of this rule, the term “install” refers to the date the engine is installed at the operatorsite. EPA believes that using the term “install” is clear to owners and

operators complying with the rule and eliminates confusion with respect to the General Provisions.

Melanie King Energy Strategies Group Sector Policies and Programs Division Office of Air Quality Planning and Standards U.S. Environmental Protection
Agency

Mail Code D243-01 RTP, NC 27711

Phone: (919) 541-2469 Fax: (919) 541-5450 king.melanie@epa.gov