Pursuant to the Director’s Final Findings and Orders, Ohio EPA Director, Scott Nally, stated that Ohio EPA will not consider peak shaving operations by owners and operators of emergency electrical generators to be a violation of their Emergency Generator Permit By Rule, from April 30, 2013 through May 3, 2014, if the owners or operators comply with the RICE NESHAP’s operating restrictions and reporting requirements. Such owners and operators will not be required to apply for and obtain a revised permit to allow for peak shaving operation for this one-time, 50-hour operating period that expires May 3, 2014. Such owners and operators will, however, need to maintain all records required under the RICE NESHAP for peak shaving operation and submit a copy of those records to Ohio EPA by May 15, 2014.

For all other owners and operators of emergency electrical generators that are operating under an Emergency Generator PBR, however, Ohio regulations have not changed. If your emergency electrical generator is not an area source of hazardous air pollutants, or is not subject to the RICE NESHAP, you may not use your emergency generators for peak shaving or non-emergency demand response under the Emergency Generator PBR.