EPA Finalizes Emission Standards After Stakeholder Input

The Environmental Protection Agency finalized the 2010 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE NESHAP) on January 14. The standards regulate stationary engines and power equipment used in industrial, agricultural, oil and gas production, and power generation facilities, as well as engines used in emergency demand response programs.

The finalized standards reflect the input of numerous stakeholders, including industry and environmental groups, who provided the agency with recommendations after the initial standards were issued in 2010.

The standards are important for demand response service providers, such as Mintz Levin and ML Strategies’ client EnerNOC. Demand response providers use backup generators to respond to blackouts or under peak load conditions. The final version of NESHAP enables companies like EnerNOC to continue to provide vital emergency demand response services, while ensuring that the harmful environmental effects of generators are minimized.

The EPA estimates that RICE NESHAP will reduce hazardous air pollutants by 2,800 tons per year (tpy), carbon monoxide by 36,000 tpy, particulate matter by 2,800 tpy, nitrogen oxides by 8,600 tpy, and volatile organic compounds by 36,00 tpy.

For more information on the final rule, please read the EPA’s fact sheet. The EPA has released also a fact sheet on the impact of the regulations on emergency engines.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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