EPA Announces It Will Reconsider Certain Aspects of Its Stationary Engine Standards
By Kelly D. Bartley, Attorney, Bingham Greenebaum Doll LLP
On June 28, 2013, EPA granted reconsideration regarding three amendments to the Reciprocating Internal Combustion Engine (RICE) National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR Part 63, Subpart ZZZZ, that were finalized in January 2013. EPA granted reconsideration regarding the three aspects of the standards applicable to emergency RICE:
- Conditions applicable to the non-emergency operation of emergency engines for the purpose of supplying power as part of a financial arrangement with another entity. 40 CFR 63.6640(f)(4)(ii). Under the current rule, emergency engines located at an area source of hazardous air pollutant emissions may be operated up to 50 hours per calendar year for non-emergency purposes that involve supplying power as part of a financial arrangement (although the allowed 50 hours must be counted as part of the 100 hours allowed for maintenance and readiness testing and emergency demand response). After May 3, 2014 for existing emergency engines and presently for new engines, the current regulation requires that an engine may be operated under this provision only to address specific system reliability concerns and requires that certain other conditions be met.
- The timing for compliance with ultra-low sulfur diesel fuel requirements for emergency diesel engines that operate or are contractually obligated to be available for more than 15 minutes per calendar year for emergency demand response or certain other related purposes. 40 CFR 63.6604(b). Currently, diesel engines that fall within the scope of this requirement must use ultra-low sulfur diesel fuel beginning January 1, 2015, except that any existing diesel fuel purchased (or otherwise obtained) prior to that day may be used until depleted.
- The timing and required information for the annual reporting requirement applicable to emergency engines that operate or are contractually obligated to be available for more than 15 hours per year for emergency demand response or certain other related purposes. 40 CFR 63.6650(h). Currently, the first of these reports must be submitted no later than March 31, 2016 and must cover operation in 2015.
EPA stated that reconsideration of these aspects of the NESHAP is being granted because the agency did not provide an opportunity for public comment on the provisions before finalization. EPA will be publishing a Federal Register Notice reopening the public comment period on these issues. As of the date of this publication, that Federal Register Notice has not yet been published.
To view a complete PDF of the Second Quarter 2013 issue of the Air Quality Letter, click HERE.