Document 5bmrwn6b17pkpeL4qmjG0vjZR

To: From: Sent: Subject: Lott, Trent[trent.lott@squirepb.com] Jackson, Ryan Sun 11/19/2017 10:33:51 PM RE: TOTE Permit Senator, who could we work with at your firm or with the company to gather any technical information we may need? From: Lott, Trent [mailto:trent.lott@squirepb.com] Sent: Monday, November 6, 2017 1:01 PM To: Jackson, Ryan <jackson.ryan@epa.gov> Subject: TOTE Permit Ryan, Thanks for your response last Friday and update that you are working through the TOTE permit situation. TOTE prefers and I see merit with moving forward with an extension on the preexisting application approach that was discussed during the September 27, 2017 meeting with you and Administrator Pruitt. In addition to the preexisting application and other documents previously advanced with EPA (attached), I thought it would be helpful to share the text below from the International Maritime Organization (IMO) which allows for the 5 year extension to the permit. Please known that TOTE and I very much appreciate your attention and support of the LNG vessel permit issue. Trent 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00004796-00001 http://www.imo.org/en/KnowledgeCentre/IndexoflMOResolutions/Marine-EnvironmentProtection-Committee-%28MEPC%29/Documents/MEPC.176%2858%29.pdf Trials for ship emission reduction and control technology research 2 The Administration of a Party may, in cooperation with other Administrations as appropriate, issue an exemption from specific provisions of this Annex for a ship to conduct trials for the development of ship emission reduction and control technologies and engine design programmes. Such an exemption shall only be provided if the applications of specific provisions of the Annex or the revised NOx Technical Code 2008 could impede research into the development of such technologies or programmes. A permit for such an exemption shall only be provided to the minimum number of ships necessary and be subject to the following provisions; 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00004796-00002 .1 for marine diesel engines with a per cylinder displacement up to 30 litres, the duration of the sea trial shall not exceed 18 months. If additional time is required, a permitting Administration or Administrations may permit a renewal for one additional 18-month period; or .2 for marine diesel engines with a per cylinder displacement at or above 30 litres, the duration of the ship trial shall not exceed 5 years and shall require a progress review by the permitting Administration or Administrations at each intermediate survey. A permit may be withdrawn based on this review if the testing has not adhered to the conditions of the permit or if it is determined that the technology or programme is not likely to produce effective results in the reduction and control of ship emissions. If the reviewing Administration or Administrations determine that additional time is required to conduct a test of a particular technology or 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00004796-00003 programme, a permit may be renewed for an additional time period not to exceed five years. SQUIRE ) Trent Lott I'AIION BOGGS Senior Counsel Squire Patton Boggs (US) LLP 2550 M Street, NW Washington, DC 20037 T +1 202 457 5290 O +1 202 457 6000 F +1 202 457 6315 M +1 202 494 5556 trent.lott@sguirepb.com | squirepattonboggs.com 46 Offices in 20 Countries 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00004796-00004 This message is confidential and may be legally privileged or otherwise protected from disclosure. If you are not the intended recipient, please telephone or email the sender and delete this message and any attachment from your system; you must not copy or disclose the contents of this message or any attachment to any other person. Squire Patton Boggs (US) LLP is part of the international legal practice Squire Patton Boggs, which operates worldwide through a number of separate legal entities. Please visit www.sqiiirepattoiiboggs.com for more information. #US 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00004796-00005