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EPA Finalizes More Stringent RICE Revisions

Posted Friday, January 18th, 2013

In a final rule signed January 14, 2013, the U.S. Environmental Protection Agency (EPA) finalized revisions to its National Emission Standard for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines (RICE).  EPA’s proposed revisions included an increase from a maximum of 15 hours/year to 100 hours/year that emergency RICE could operate for demand response and an increase from 0 hours/year to 50 hours/year through April 16, 2017, that emergency RICE could operate for peak shaving or non-emergency demand response.  In its final rule, EPA has finalized its 100 hour/year demand-response allowance, but imposed additional requirements on emergency RICE operating for demand response in excess of 15 hours/year.  In addition, EPA has scaled back its proposed 50 hour/year peak-shaving allowance, limiting it to one year through May 14, 2014.  Among other changes, the final rule also minimally expands the circumstances under which emergency RICE can operate for emergency demand response; includes some exceptions for certain Tier 1, 2, and 3 certified engines; and, includes an optional method for spark ignition RICE to demonstrate compliance with the rule’s formaldehyde emission standard.  Additional information regarding EPA’s action is available here.  

EPA’s final revisions do not affect the compliance deadlines set when the rule was originally promulgated in 2010: May 3, 2013, for compression ignition RICE, and October 9, 2013, for spark ignition RICE.  Petitions for judicial review of EPA’s final rule will be due 60 days after publication rule in the Federal Register.

For additional information contact Joseph Brown.

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