4301 Wilson Blvd.  Arlington, VA 22203-1860  tel: 703.907.5500  www.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 service 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 members 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 directly 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 ICE (“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 years: 

 NESHAPs for engines above 500 horsepower (“HP”) at major sources, 69 Fed. 

Reg. 33,474 (June 15, 2004) (Subpart ZZZZ of 40 C.F.R. Part 63),

 NSPS for compression ignition ICE, 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 JJJJ 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 RICE, 75 Fed. Reg. 9,648 (Mar. 3, 2010) 

(Subpart ZZZZ of 40 C.F.R. Part 63), and

 NESHAPs for spark ignition RICE, 75 Fed. Reg. 51,570 (Aug. 20, 2010) (Subpart 

ZZZZ of 40 C.F.R. Part 63).

The rule promulgated on January 18, 2008, included NSPS for ICE and NESHAPs for 

RICE.

EPA’s extended and sporadic rulemaking process has fostered 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 proposal to revise the definition of “emergency stationary

internal combustion engine” in the NSPS. If 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 32,619, col. 3, proposed § 60.4219, 75 Fed. Reg. 

at 32,627, cols 1-2.

NRECA requests that EPA provide similar consistency with respect to RICE that are 

regulated under Part 63, Subpart ZZZZ. In the final rule for spark ignition RICE, 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 comply 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 RICE 

under Part 63, Subpart ZZZZ. Compression ignition RICE that operate 24 hours or less 

per year emit very little 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 currently no such subcategory for compression ignition engines is because of the 

piecemeal way in which EPA has addressed the regulation of RICE.

NRECA respectfully requests that EPA provide consistency for compression ignition and 

spark ignition RICE under Part 63, Subpart ZZZZ by establishing a subcategory of 

nonemergency compression ignition RICE 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 ongoing reconsideration of the compression ignition RICE rule with respect to certain 
emergency engines might be such a regulatory vehicle. In addition, EPA could address 

this inconsistency under its general regulatory authority for RICE engines.

NRECA appreciates the opportunity to provide comments on this rulemaking. Please 

don’t hesitate to contact me if you have any questions or need additional information. I 

can be reached at (703) 907-5824 or via email at bill.wemhoff@nreca.coop. 

Sincerely,

 /S/

Bill Wemhoff

Sr. Principal, Environmental Policy

National Rural Electric Cooperative Association