Document 4v90xddJJJwkVqZQgwK1Ke7DQ
TED SUM)
13th District, North Carolina
Congress of tlje iimtcb States
if iUprefientatte OTagljtngton, 2 20515-3313
COMMITTEE ON FINANCIAL SERVICES
SUBCOMMITTEES Housing and Insurance
Terrorism and Illicit Finance
Capital Markets, Securities and Investments
April 11,2017
Administrator Scott Pruitt 1200 Pennsylvania Avenue MW, Washington, DC 20004
Dear Administrator Pruitt,
Thank you for your efforts in the service of our country. 1 write to ask for you to meet with a company from my district, Power Curbers.
Power Curbers is based out of Salisbury, NC and is a manufacturer of slipform concrete paving equipment. The owner of Power Curbers is in the process of selling his company and would like to sell to a strategic buyer, in essence, someone who is in his business. Selling to someone in his own line of work is also much more likely to protect the jobs of the 85 employees at their facility in my state.
As you know, it is now required by regulation for companies that operate in the United States to install so-called "Tier 4-compliant" diesel engines. However, smaller manufacturers were given the discretion to delay installation for up to seven years under the Transition Program for Equipment Manufacturers (TPEM). TPEM allows for only a fixed number of non-tier 4 engines to be used by a given program participant.
The dilemma faced by Power Curbers is that if they sell to a company that has already used their TPEM allocation, (a probable scenario), they would have to convert all of their diesel engines into Tier 4 immediately under the terms of 40 CFR 1039.625. Since doing so is a virtual impossibility, that regulation represents a serious disadvantage for any potential strategic buyer, who, again is more likely to want to remain in the business over the medium-term.
These disadvantages are not faced by financial buyers, those who are not engaged in the TPEM. If a nonTPEM participant were to buy a TPEM participant, then no such conversion is necessary. Financial buyers, however, have little incentive to remain in the business, potentially jeopardizing people's
This regulation strikes me as somewhat arbitrary in its effects here. I hope you'll have the opportunity to meet with Dwight Messinger, Power Curbers CEO. Please feel free to contact Tyler Haymore in my office at 202-226-7854 or at T\ ler.Ha>more q mail.house.gov to facilitate this request.
Thank you for taking the time to read this letter and we look forward to hopefully working with you and your staff on this front.
Ted Budd Member of Congress, NC-13
WASHINGTON, DC OFFICE 118 Cannon House Office Building
Washington, D.C. 20515 *202)225-4531
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PRINTED ON RECYCLED PAPER
ADVANCE DISTRICT OFFICE 128 Peachtree Lane - Suite A
Advance, NC 27006 1336) 398-1313
ED 001523 00004602-00001
To:
Haman, Patricia[Haman.Patricia@epa.gov]
Cc:
Tyler.Haymore@mail.house.gov[Tyler.Haymore@mail.house.gov]; Ross Eisenberg
(REisenberg@nam.org )[REisenberg@nam.org];
Towers_Mingledorff@tiilis.senate.gov[Towers_Mingledorff@tiliis.senate.gov]
From: Dyke Messinger
Sent: Wed 4/19/2017 3:10:24 PM
Subject: meeting with Mr. Pruitt
Patricia,
I need to meet with Mr. Pruitt as soon as possible. The meeting should only last 15 minutes or so. The story is very simple, it is the action that is needed. In addition, I can travel anywhere in the US, at any time, to meet with him. This shouldn't be difficult to arrange in the next week.
Best Regards,
Dyke Messinger
Dyke Messinger
President Power Curbers & Power Pavers, Inc.
0/704.647.6124 M / 704.649.5235 F/704.603.1924 dmessinqer@powercurbers.com | http://www.powercurbers.com 727 Bendix Drive | Salisbury, NC 23146 PO Box 1639 I Salisbury, NC 23145
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