AGC Updates Fact Sheet on Clean Air Limits for Stationary Engines
The U.S. Environmental Protection Agency (EPA) is reconsidering parts of its recently finalized rule that limits emissions of hazardous air pollutants from stationary reciprocating internal combustion engines used for emergency demand response and system reliability. EPA will accept public comment on its notice of reconsideration through Nov. 4.
The provisions EPA is currently reconsidering were actually just put into law earlier this year, in response to several petitions for reconsideration and legal challenges brought against the prior 2010 version of EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) covering stationary reciprocating internal combustion engines (RICE) (78 Fed. Reg. 6674, Jan. 30, 2013). As previously reported by AGC, the January 2013 rule was meant to resolve a key dispute over how long back-up diesel generators may run for emergency demand response purposes, and, therefore, be considered “emergency engines.” The rule sets fuel and reporting requirements for certain emergency engines used for emergency demand response and system reliability (to prevent electrical outages and to test and maintain engines), but it ultimately increased the number of hours per year that emergency generators may operate during non-emergency conditions. This time around, the state of Delaware and several other groups have petitioned the agency for reconsideration of the 2013 amendments – arguing, among other things, that increased use of emergency generators during non-emergency conditions could result in poor air quality.
EPA has made clear that it is NOT proposing changes to the 2013 regulations at this time. Instead, the agency is seeking public comment on three specific aspects of its current rules at 40 CFR 63, Subpart ZZZZ, that address emergency reciprocating internal combustion engines:
- Timing for compliance with the ultra low sulfur diesel fuel requirement for emergency compression ignition stationary engines that operate for emergency demand response, voltage/frequency deviations or local reliability;
- Timing of and information required for the reporting requirement for emergency stationary engines that operate for emergency demand response, voltage/frequency deviations or local reliability; and
- Conditions for operation of an engine for up to 50 hours per year in non‐emergency situations as part of a financial arrangement with another entity.
- Non-Emergency Diesel (compression-ignition or CI) Engines – compliance deadline recently passed on May 3, 2013.
- Non-Emergency Gas (spark-ignition or SI) Engines – compliance deadline is coming up on Oct. 19, 2013.
To help construction companies understand this complex rule, AGC has updated its in-depth fact sheet that explains the NESHAP requirements for existing stationary diesel (compression-ignition or CI) RICE.
Act now and review the legal requirements, consider options, explore technical issues and establish an appropriate budget for your company. The federal Clean Air Act has severe penalties for non-compliance, including costly fines of up to $37,500 per day per violation and criminal penalties.
To find out more, please contact Leah Pilconis at pilconisl@agc.org or your EPA Regional RICE Contact.
[1] The requirements apply to “stationary” RICE. According to EPA’s regs [40 CFR 63, Subpart ZZZZ ] “stationary” means… NOT used in a motor vehicle and NOT a nonroad engine.
Nonroad engines (as defined at 40 CFR 1068.30) are:
- Self-propelled (tractors, bulldozers)
- Propelled while performing their function (lawnmowers)
- Portable or transportable (has wheels, skids, carrying handles, dolly, trailer, or platform) Note: a “portable nonroad engine” become stationary if it stays in one location for more than 12 months.