EPA Amends Requirements For Stationary Internal Combustion Engines, Including Emergency Generators

by Pierce Atwood LLP
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On January 30, 2013, EPA published amendments to its regulations at 40 C.F.R. Part 63, Subpart ZZZZ (aka EPA’s RICE Rule) regulating emissions of  hazardous air pollutants (HAPs) from reciprocating internal combustion engines (RICE), including spark ignition (primarily gasoline or natural gas) and  compression ignition (primarily diesel) engines used as emergency generators.

The amendments include alternative compliance options for certain large spark ignition engines,  management practices for a subset of existing spark ignition engines in sparsely populated areas and alternative monitoring compliance options for the same engines in populated areas. 

Under the RICE Rule, emergency engines are subject to less stringent requirements. The amendments provide that an emergency engine is limited to 100 hours of operation to supply electricity for demand response programs and to test and maintain the engine.  There is no hourly limit on operation of such engines during emergencies, such as hurricanes, ice storms or other similar events.  In 2015, emergency engines will be required to use cleaner fuel – ultra low sulfur diesel - if they operate or commit to operate for more than 15 hours annually as part of a demand response program.

As part of the recent rulemaking, EPA also made minor revisions to 40 C.F.R. Part 60, Subpart JJJJ – EPA’s New Source Performance Standards (NSPS) for Stationary Spark Ignition Internal Combustion Engines and Subpart IIII, EPA’s NSPS for Stationary Compression Ignition Internal Combustion Engines. 

If you have any questions about how the newly-amended EPA RICE rule or amended NSPS the stationary engines at your facility, or existing and possibly inconsistent license conditions, please contact Dixon Pike (207-791-1374 or dpike@pierceatwood.com) or Brian Rayback (207-791-1188 or brayback@pierceatwood.com).

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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