On 28 June 2013 the U.S. Environmental Protection Agency (EPA) responded to three petitioners requesting administrative reconsideration of its final National Emission Standards for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines (RICE); New Source Performance Standards for Stationary Internal Combustion Engines. In a 28 June letter to petitioners EPA said it intended to initiate reconsideration on three issues:

• Timing for compliance with the ultra low sulfur diesel fuel requirement for emergency compression (CI) engines that operate for more than 15 hours per calendar year;
• Timing and required information for the reporting requirement for emergency engines that operate or are obligated to be available for more than 15 hours per year; and
• Conditions for operation for up to 50 hours per year in non-emergency situations as part of a financial arrangement with another entity.

Following its 28 June letter to petitioners, EPA issued a 3 July 2013 memorandum to permitting authorities providing guidance on how to process RICE NESHAP compliance extension requests on CI engines. EPA suggests its regional managers and air directors address CI RICE compliance extension requests as follows:

• If the request was submitted before January 3, 2013 (more than 120 days before the compliance date), a compliance extension of up to one year from the compliance date may be granted.
• If the request was submitted before May 3, 2013, determine if the need for extension arose in the 120 days before the compliance date (late promulgation of the rule could be a possible cause in the circumstance discussed above). A compliance extension of up to one year from the compliance date may be granted.
• If the request was submitted after May 3, 2013, but the requesting facility is in compliance with the rule on the date of the request, use the same process as in option 2. Meaning, a compliance extension of up to one year from the compliance date may be granted.
• If the requested was submitted after May 3, 2013, and the requesting facility is not in compliance with the rule, consult the enforcement personnel on the appropriate next steps.

What this means to you

It appears EPA will allow up to one year compliance extensions to RICE owners of emergency engines who meet certain conditions outlined above.