EPA first proposed regulations for stationary internal combustion engines (ICE) on December 19, 2002. It affected a relatively small number of stationary engines: reciprocating ICE (RICE) with a power rating of greater than 500 hp that operated at major sources of hazardous air pollutants (HAPs). It took more than 18 months for EPA to finalize the regulation, which was codified in 40 CFR Part 63, Subpart ZZZZ. That regulation – commonly known as the RICE MACT – and the process it took to develop it was an omen of things to come.
EQ Fall 2014 - Engine Rules picIn the 12 years since the first proposal, EPA has published 25 Federal Register (FR) notices related to RICE MACT revisions/expansions, corrections, and reconsiderations and two other, separate regulations affecting stationary engines: 40 CFR Part 60, Subpart IIII and Subpart JJJJ, which regulate new ICE. In addition to the regulations themselves, EPA has published thousands of pages of regulatory preamble, guidance memorandums, training materials, compliance tools and templates, letters, and e-mails. This article discusses ten of the key elements of the rules and guidance, and how these elements apply to permitting and compliance projects. While there are many nuanced aspects of these rules that could be discussed, the following are the most common or potentially the most significant.
1. What is a Stationary Engine?
This question speaks to the fundamental applicability of the regulations. Each of the three regulations stipulates that only “stationary” ICE are affected. In contrast, “mobile” ICE, or, more specifically, “nonroad” ICE, are not subject to these regulations (rather, they are subject to mobile source regulations that principally affect the manufacturers of such engines). Thus, the definition of a nonroad ICE is critical to determining applicability.
From 40 CFR 1068.30, a nonroad ICE is, in summary, an ICE that is in or on a piece of equipment that is propelled while operating or is portable or transportable. It is the latter part of the definition that is of most importance in the decision of stationary vs. nonroad. To be portable or transportable means that the engine (1) was designed to be moved, e.g., it is on wheels or skids or it has handle(s) for carrying, and (2) is actually moved at least once per year (or shorter for seasonal sources) from one location (building, structure, facility, or installation) to another.
The definition of nonroad ICE has two critical implications for what may have otherwise been classified as stationary engines. First, an engine that is moved from location to location, even within the same plant site, may qualify as a nonroad engine. Example situations include a portable generator that is moved around within a mine to power various equipment or a trailer-mounted grinder that is used at a forest products facility to clear various, separate piles of wood waste. One of the key guidance documents pertaining to the first example situation is a December 5, 2008 letter from EPA Region 5 to the Minnesota Pollution Control Agency.
Second, the 12-month provision for portability found in the definition of nonroad provides for what is effectively a temporary-use exemption for stationary engines. The common situation where such an exemption may be considered is that of a new site for which grid power is not yet available and portable generators are brought in until grid power is supplied less than one year later. It is critically important to note that EPA and state/local regulatory agencies expect operators to make good-faith determinations of whether or not their engine(s) quality as “nonroad” based on solid forecasts of future use(s). For example, if the “installation” or purpose of an engine is to operate for more than one year then that engine should be treated from the start as a stationary ICE even if it is portable/transportable and even if it is replaced frequently (e.g., monthly) with other engines that accomplish the same purpose (in such a case, the original engine and all subsequent replacement engines should be considered stationary). Similarly, engines that are used in place of a stationary engine – while the stationary engine is being overhauled for instance – should be treated as stationary ICE. The expectations about an operator’s intentions for an engine, and a healthy discussion of the consequences of circumvention, is perhaps best presented in a September 2, 2009 Alaska DEC memorandum.
2. Certification Expirations
For many engines, the simplest method of complying with the two New Source Performance Standards (NSPS) regulations, 40 CFR 60, Subparts IIII and JJJJ, is to purchase engines for which the manufacturer has received a Certificate of Conformity from EPA. The only other substantive compliance requirement for operators of such engines is to properly operate and maintain the engine. However, these certificates have expiration dates and/or disclaimers that activate upon a certain number of hours of operation. Are the engines out of compliance upon certificate expiration or upon reaching the end of the warranty period?
The answer is...no. Based on the December 2007 rule preamble addressing the July 11, 2005 proposed rule, neither document expiration nor operation in excess of warranty periods results in noncompliance with the NSPS regulations.
3. Notifications
The RICE MACT and two NSPS regulations contain a myriad of notification requirements that are easily forgotten among all the other responsibilities of an environmental manager. Table 1 provides a summary of the most common notification deadlines for a stationary engine. Note that some or all of these notification requirements do not apply to many engine types.
4. What Really Is an Emergency?
The regulatory definition of and operational restrictions for emergency ICE are straightforward: operate only during emergencies except for up to a total of 100 hours per year in specified non-emergency situations. (Note that (a) more than 100 hours per year is allowed in certain limited situation and (b) some states restrict non-emergency operation to less than allowed by the federal regulations). Several areas of clarification are needed regarding the emergency-use provisions.
What happens if you exceed the non-emergency hours of operation limits? The answer depends on the guidance document. EPA’s April 2, 2013 Q&A document, the most recent, comprehensive extra-regulatory guidance document published by EPA about stationary engines, indicates that operation of an emergency engine in non-emergency situations beyond the allowable limitations by any amount would recategorize the engine from emergency to non-emergency. However, in the preamble to the 2013 RICE MACT amendments, EPA stated that such situations call for case-by-case decisions. Presumably, the situation could be handled like any other deviation.
Can you use an emergency engine to prevent an emergency? The adage, “an ounce of prevention is worth a pound of cure”, does not hold true for stationary emergency engines. On numerous occasions, EPA has been approached about situations where engines are used to prevent forthcoming disasters. The most common example is turning an engine on when a storm is approaching that is sure to flood areas and/or interrupt power. In each case EPA has said that such use is of a non-emergency nature and therefore is subject to the hours of operation limitations.
Is it always worth the hassle? Compliance with RICE MACT emergency-use provisions is not necessarily easier than compliance with non-emergency provisions. In fact, for the five types of engines listed below, requirements are generally less stringent for non-emergency varieties. In both cases, the primary compliance requirement involves maintenance of the ICE (e.g., oil changes, inspections of belts, hoses, etc.); emergency ICE has the added hours of operation limitations and the recordkeeping and reporting requirements that come along with them.
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