Governor Terry Branstad issued Executive Order 72, rescinding Iowa’s rule adopting federal amendments to the Hazardous Air Pollutants standard for stationary Reciprocating Internal Combustion Engines (RICE NESHAP*), on April 4, 2011. The Governor emphasized support for protecting the health, safety and welfare of the people of the state of Iowa should be done effectively and efficiently without imposing unnecessary burdens that reduce jobs and hurt job growth. The RICE NESHAP was too costly for small utilities to maintain and operate rarely used emergency engines as required by the EPA, and that implementing the regulation would create a financial impact on utility customers. Executive Order 72 is available at: https://governor.iowa.gov/wp-content/uploads/2011/03/EO-722.pdf.
As a result of the Governor’s action, Iowa DNR no longer has full delegated authority for the RICE NESHAP. The federal RICE NESHAP remains in effect and EPA is still implementing the standard. The federal compliance date for most existing stationary diesel engines of May 3, 2013, remains in effect under federal regulation.
The DNR will continue to answer general questions about this standard. However, the DNR no longer has authority to give a determination (decision) regarding applicability of the standard or compliance with the standard. For general questions, please contact Christine Paulson at the DNR (Email firstname.lastname@example.org or call 515.242.5154).
Because Iowa continues to have an obligation (under the state implementation plan and federal program delegations) to inform permittees of both federal and state regulatory requirements, the DNR plans to include a reference to the federal standard in air construction permits and Title V operating permits issued for engines that fall under the federally regulated source category.
The department is seeking input on the language that is proposed to be placed in the permits. This information when placed into a construction permit is intended solely as an informational item. Title V program delegation requires reference to federal standards be placed in the Title V Operating permit. Please comment on the following language:
For Construction permits:
For information only: This equipment is of the source category affected by the following federal regulation: National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE NESHAP) [40 CFR Part 63, Subpart ZZZZ].
For Title V Operating permits:
This equipment is of the source category affected by the following federal regulation: National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE NESHAP) [40 CFR Part 63, Subpart ZZZZ].
If you have any comments or suggestions about the draft language proposed for permits, please contact Christine Paulson DNR (Email email@example.com or call 515.242.5154) by May 13, 2011.
An owner or operator with an existing construction permit referencing RICE NESHAP requirements may submit a request for the Department to modify the permit to include the current RICE NESHAP reference. Please call the permitting hotline at: 1-877-AIR-IOWA for information on how to request this change.
The DNR recommends that Iowa facilities use links to the federal standard and to EPA-developed implementation tools and guidance available on the DNR’s NESHAP webpage.
To obtain information on whether a specific engine may be subject to the RICE NESHAP or whether it is in compliance with RICE NESHAP requirements, please refer to the federal regulation available at www.epa.gov/ttn/atw/rice/ricepg.html and contact EPA Region VII (contact is Eric Sturm, Email firstname.lastname@example.org or call 913.551.7377).
*RICE NESHAP is the commonly-used acronym for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating Internal Combustion Engines (RICE) [40 Code of Federal Regulations (CFR) Part 63, Subpart ZZZZ].