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

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|Melanie King/RTP/USEPA/US

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|Matt Todd <ToddM@api.org>

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| Date: |

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|03/03/2011 03:20 PM

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|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 operator
site. 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