----- Forwarded by Melanie King/RTP/USEPA/US on 05/16/2011 08:49 AM

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

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 |Melanie King/RTP/USEPA/US@EPA 

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 |Michael Horowitz/DC/USEPA/US@EPA, "John Wagner" <Wagner@api.org> 

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 |05/13/2011 09:44 AM 

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 |RE: final amendments to CI engine NSPS 

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Melanie,
We agree with the proposed fix but, for your consideration, a slight change to 

the wording is attached that I don't think changes the intent.

Matt

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

From: King.Melanie@epamail.epa.gov [mailto:King.Melanie@epamail.epa.gov]

Sent: Wednesday, May 11, 2011 11:37 AM

To: Matt Todd

Cc: horowitz.michael@epamail.epa.gov

Subject: final amendments to CI engine NSPS

Hi Matt,

As we are drafting the final amendments to the NSPS for stationary CI engines 

(subpart IIII), I noticed something that I think was an oversight on our part 

on the proposal, but I wanted to check with you to make sure you wouldn't have 

any issue with us correcting the oversight in the final rule, because it is 

part of the amendments we are making as part of our settlement agreement with 

API. The text in question is in the proposed amendment to 60.4211(g)(3), 

which is on p. 32625 of the June 8, 2010 FR notice. We said in the proposal 

that if you did not install, configure, and operate the engine per the 

manufacturer's recommendations, or you changed the emission-related settings 

beyond what is permitted by the manufacturer, you have to do an initial 

performance test, and in 60.4211(g)(3), we said that test had to be done 

within 1 year after engine startup. I think that we should account for the 

possibility that the change to the engine's certified configuration or 

settings could happen later than one year after the engine startup (so for 

example in 2015 you might decide you needed to change the settings for a 

certified engine you had originally installed in 2011).

We accounted for this situation in 60.4211(g)(2) with the inclusion of the 

text " . . . or within 1 year following the change in emission-related 

settings or configuration . . ." I think we need to add similar text to 

60.4211(g)(3), so that it would read as shown below.

I also edited 60.4211(g)(2) slightly from the proposal, because it was 

pointing to a paragraph that didn't exist, and also I thought the intent of 

the language in (g)(2) and (3) needed to be made more clear and easier to 

understand. I'm not trying to change the intent of the proposed language, I'm 

just trying to make it more clear and readable.

Please take a look and let me know if you have concerns with this language by 

COB on Friday, May 13. Thanks.

 (2) If you are an owner or operator of a stationary CI internal 

combustion engine greater than or equal to 100 HP and less than or equal to 

500 HP, you must keep a maintenance plan and records of conducted maintenance 

and must, to the extent practicable, maintain and operate the engine in a 

manner consistent with good air pollution control practice for minimizing 

emissions. In addition, you must conduct an initial performance test to 

demonstrate compliance with the applicable emission standards within 1 year of 

startup, or within 1 year after you fail to install, configure, operate, and 

maintain your engine and control device according to the manufacturer’s 
emission-related written instructions, or within 1 year after you change 

emission-related settings in a way that is not permitted by the manufacturer.

 (3) If you are an owner or operator of a stationary CI internal 

combustion engine greater than 500 HP, you must keep a maintenance plan and 

records of conducted maintenance and must, to the extent practicable, maintain 

and operate the engine in a manner consistent with good air pollution control 

practice for minimizing emissions. In addition, you must conduct an initial 

performance test to demonstrate compliance with the applicable emission 

standards within 1 year of startup, or within 1 year after you fail to 

install, configure, operate, and maintain your engine and control device 

according to the manufacturer’s emission-related written instructions, or 

within 1 year after you change emission-related settings in a way that is not 

permitted by the manufacturer. You must conduct subsequent performance testing 

every 8,760 hours of engine operation or 3 years, whichever comes first, 

thereafter to demonstrate compliance with the applicable emission standards.

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

(See attached file: Edits to EPA proposed language NSPS IIII.pdf)
(2) If you are an owner or operator of a stationary CI internal

combustion engine greater than or equal to 100 HP and less than or equal

to 500 HP, you must keep a maintenance plan and records of conducted

maintenance and must, to the extent practicable, maintain and operate

the engine in a manner consistent with good air pollution control

practice for minimizing emissions. In addition, you must conduct an

initial performance test to demonstrate compliance with the applicable

emission standards within 1 year of startup, or within 1 year after an engine and 

control device is no longer installed, configured, operated, and maintained in 

accordance with after you

fail to install, configure, operate, and maintain your engine and

control device according to the manufacturer’s emission-related written

instructions, or within 1 year after you change emission-related

settings in a way that is not permitted by the manufacturer.

(3) If you are an owner or operator of a stationary CI internal

combustion engine greater than 500 HP, you must keep a maintenance plan

and records of conducted maintenance and must, to the extent

practicable, maintain and operate the engine in a manner consistent with

good air pollution control practice for minimizing emissions. In

addition, you must conduct an initial performance test to demonstrate

compliance with the applicable emission standards within 1 year of

startup, or within 1 year after after an engine and control device is no longer 

installed, configured, operated, and maintained in accordance with the you fail to 

install, configure, operate,

and maintain your engine and control device according to the

manufacturer’s emission-related written instructions, or within 1 year

after you change emission-related settings in a way that is not

permitted by the manufacturer. You must conduct subsequent performance

testing every 8,760 hours of engine operation or 3 years, whichever

comes first, thereafter to demonstrate compliance with the applicable

emission standards.