INGAA submits this comment letter pursuant to the notice issued by the Environmental Protection Agency (“EPA”) on September 30, 2009, and published in the Federal Register on October 7, 2009, (the “Reconsideration Notice”).[1] We write because it is imperative EPA establish that to the extent greenhouse gas (GHG) regulation under the light-duty vehicle rule (the “Mobile Rule”)[2] “triggers” stationary source GHG regulation under the Prevention of Significant Deterioration (PSD) program — a contentious and disputed legal proposition — such triggering would occur not when the Mobile Rule is promulgated, but when compliance with the Mobile Rule’s implementing regulations begins, i.e., when model year 2012 vehicles and engines, subject to certificates of conformity under the Mobile Rule, are imported, sold, offered for sale, introduced or delivered for introduction into commerce. Moreover, EPA must act in this docket before it promulgates the Mobile Rule, lest this critical timing issue become moot.
[1] 74 Fed. Reg. 51535.
[2] Proposed Rulemaking to Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards, 74 Fed. Reg. 49454 (Sep. 28, 2009).
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