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- 1860  tel: 703.907.5500  ww w.nreca.coop September 8, 2010 Filed Electronically to Docket Air and Radiation Docket and Information Center U.S. Environmental Protection Agency Mail Code 6102T 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Attention Docket ID No. EPA - HQ - OAR- 2010 - 0295 Dear Sirs: On behalf of the National Rural Electric Cooperative Association (“NRECA”), I am submitting these comments concerning the U.S. Environmental Protection Agency ’s (“ EPA ” or “Agency”) proposed revisions to the new source performance standards (“NSPS”) for spark ignition internal combustion engines (“ICE”) in 75 Fed. Reg. 32,612 (June 8, 2010). EPA has extended the date for commenting on these proposed revisions until September 8, 2010. 75 Fed. Reg. 47,520 (Aug. 6, 2010). NRECA is the national servic e organization for more than 900 not

- for

- profit rural electric utilities that provide electric energy to approximately

42 million consumers in 47 states or 12 percent of the nation’s population. Kilowatt

- hour sales by rural electric cooperatives account for approximately

11 percent of all electric energy sold in the United States. NRECA members generate approximately

50 percent of the electric energy they sell and purchase the remaining 50 percent from non

-NRECA members. The vast majority of NRECA membe rs are not - for profit, consumer - owned cooperatives. NRECA’s members also include approximately 66 generation and transmission (“G&T”) cooperatives, which generate and transmit power to 668 of the 846 distribution cooperatives. The G&T cooperatives are owned by the distribution cooperatives they serve. Remaining distribution cooperatives receive power directl y from other generation sources within the electric utility sector. Both distribution and G&T cooperatives were formed to provide reliable electric service to their owner

- members at the lowest reasonable cost. NRECA wishes to raise an issue with regard to EPA’s regulation of reciprocating IC E (“RICE”) under both § 111 and § 112 of the Clean Air Act. 42 U.S.C. §§ 7411, 7412. EPA has promulgated a variety of NSPS and National Emissions Standards for Hazardous Air Pollutants ( “NESHAPs ” ) for RICE on a piecemeal basis, including, at a minimum, the following actions in recent ye ars:

 NESHAPs for engines above 500 horsepower (“HP”) at major sources, 69 Fe d. Reg. 33,474 (June 15, 2004) ( Subpart ZZZZ of 40 C.F.R. Part 63),

 NSPS for compression ignition I CE, 71 Fed. Reg. 39,154 (July 11, 2006) ( Subpart IIII of 40 C.F.R. Part 60), NSPS for spark ignition ICE, 73 Fed. Reg. 3 , 568 (Jan. 18, 2008) ( Subpart JJ JJ of 40 C.F.R. Part 60),

 NESHAPs for engines below 500 HP at major sources, 73 Fed. Reg. 3,568 (Jan. 18, 2008) ( Subpart ZZZZ of 40 C.F.R. Part 63),

 NESHAPs for compression ignition RI CE, 75 Fed. Reg. 9,648 ( Mar
. 3 , 20 10) ( Subpart ZZZZ of 40 C.F.R. Part 63), and

 NESHAPs for spark ignition RI CE, 75 Fed. Reg. 51,570 (Aug. 20, 2010) ( Subpart ZZZZ of 40 C.F.R. Part 63). T he rule promulgated on January 18, 2008 , included NSPS for I CE and NESHAPs for RI CE. EPA’s extended and sporadic rulemaking process has f ostered confusion within the regulated community and has produced a variety of inconsistencies in how certain RICE are regulated. EPA has recognized and attempted to cure some of the inconsistencies such as the Agency ’s current propos al to revise the defi nition of “emergency stationary internal combustion engine ” in the NSPS. I f finalized, that definition would be consistent among all three rules in 40 C.F.R.

- Part 60, Subpart IIII, Part 60, Subpart JJJJ, and Part 63, Subpart ZZZZ. See 75 Fed. Reg. at 3 2,619, col. 3, proposed § 60.4219, 75 Fed. Reg. at 32,627, cols 1

- 2. NRECA requests that EPA provide similar consistency with respect to RI CE that are regulated under Part 63, Subpart ZZZZ. In the final rule for spark ignition RI CE, EPA finalized a subcategory

of nonemergency

RICE that operate 24 hours or less per year at area sources . 75 Fed. Reg. at 51,572, col. 2; Table 6 , No. 9, 75 Fed. Reg. at 51,601. Engines within this subcategory may compl y with the NESHAPs by the use of work practice standards. NRECA believes that there are compelling economic and policy justifications for establishing an analogous subcategory for compression ignition RI CE under Part 63, Subpart ZZZZ. Compression ignition RI CE that operate 24 hours or less per year emit very l ittle air pollution, and can be used in situations that are not allowed if they were deemed to be emergency engines. NRECA believes that the major reason that there is currentl y no such subcategory for compression ignition engines is because of the piecem eal way

in which EPA has addressed the regulation of RICE. NRECA respectfull y requests that EPA provide consistency for compression ignition and spark ignition RI CE under Part 63, Subpart ZZZZ by establishing a subcategory of nonemergency

compression igni tion RI CE that operate 24 hours or less per year. In the event that EPA believes that addressing this request is inappropriate in the current proceeding, NRECA requests that the Agency address it elsewhere. For example, the on

going reconsideration of th e compression ignition RI CE rule with respect to certainemergency engines might be such a regulatory vehicle. In addition, EPA could address this inconsistency

under its general regulatory authority for R IC E engines. NRECA appreciates the opportunity to provide comments on this rulemaking. Please don’t hesitate to contact me if you have an y questions or need additional information . I can be reached at (703) 907

- 5824 or via email at bill.wemhoff@nreca.coop

.

Sincerel y, /S/ Bill Wemhoff Sr. Principal, Environmental Policy National Rural Electric Cooperative Association