----- 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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  |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
