Summary of EPA’s RICE Rule Amendments Reconsideration
On January 14, 2013 the US EPA finalized amendments to their stationary Reciprocating Internal Combustion Engine (RICE) NESHAP subpart ZZZZ rule. The amendments were finalized less than 120 days before the May 3, 2013 compliance date, which triggered sources to petition the EPA for compliance extensions. The three petitioned amendments are:
- Timing of using ultralow diesel fuel on emergency engines operating in non-emergency use of more than 15 hours per year.
- Timing of reporting the obligation of using an emergency engine in non-emergency use of more than 15 hours per year.
- The conditions of operating an emergency engine in non-emergency use more than 50 hours per year as part of a financial agreement with another entity.
Although sources are in compliance with this regulation, these sources requested compliance extensions because they could possibly exceed the maximum operating hours requirement in the regulation for non-emergency operations. The EPA responded with a memo on July 3, 2013 with the following for compliance extension applications:
- If the request was submitted before Jan. 3, 2013 (more than 120 days before the compliance date of May 3, 2013), a compliance extension of up to one year from the compliance date may be granted.
- If the request for a compliance extension was submitted before May 3, 2013, permitting authorities should determine if the need for extension arose in the 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 after May 3, 2013, but the requesting facility is in compliance with the rule on the date of the request, 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, permitters should consult the enforcement personnel on the appropriate next steps.
Sources must meet the requirements outlined in 40 CFR 63.6(i)(4)(i) and 63.6(i)(6)(i) to be eligible for a compliance extension.
