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RICE NESHAP and Engine NSPS: EPA Accepting Comments on Proposed Reconsideration
Posted: 09/09/2013

EPA is accepting public comments until November 4, 2013, on a limited reconsideration of the RICE NESHAP and Engine NSPS. “RICE NESHAP” is the acronym for National Emission Standards for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines (RICE) (40 Code of Federal Regulations (CFR) Part 63, Subpart ZZZZ). “Engine NSPS” refers to New Source Performance Standards for Compression Ignition Engines (40 CFR Part 60, Subpart IIII) and Spark Ignition Engines (40 CFR Part 60, Subpart JJJJ).


EPA will reconsider three specific issues related to the RICE NESHAP and Engine NSPS. The three issues on which EPA is focusing its reconsideration are the following:


  • the timing for compliance with the ultra-low sulfur diesel fuel requirement for emergency compression ignition stationary engines that operate for emergency demand response, voltage/frequency deviations or local reliability;
  • the timing of and information required for the reporting requirement for emergency stationary engines that operate for emergency demand response, voltage/frequency deviations or local reliability; and
  • the conditions for operation of an engine for up to 50 hours annually in nonemergency situations as part of a financial arrangement with another entity.

The first issue listed only pertains to the RICE NESHAP. The other two issues involve both the RICE NESHAP and analogous conditions in the Engine NSPS. At this time, EPA is not proposing any changes to the regulations or to compliance deadlines specified in the RICE NESHAP or NSPS.

Additional information is available on EPA’s website at EPA RICE webpage. EPA’s reconsideration notice is available at RICE reconsideration (published in the Federal Register on September 5, 2013).

Based on stakeholder support, the Environmental Protection Commission approved final rules on August 20, 2013, allowing the Iowa DNR to adopt by reference into Iowa’s air quality rules the RICE NESHAP, as amended by EPA on January 30, 2013. Adopted rules are scheduled to be published in the Iowa Administrative Code on September 18, 2013, and to become effective on October 23, 2013. On the effective date, the DNR rather than EPA will be the “delegated authority” for the RICE NESHAP in Iowa, allowing the DNR to provide compliance assistance and outreach to facilities. All compliance deadlines for the RICE NESHAP will be according to federal timelines.


The DNR will coordinate with EPA on the RICE NESHAP provisions currently under reconsideration to ensure consistent and appropriate implementation.


For questions, please contact Christine Paulson (email:; phone: (515) 242-5154) or Diane Brockshus (email:; phone (515) 281-4801).


This list serve article is intended for consultants, industries, environmental groups, general public, and other entities regulated under the Clean Air Act. It was written by the DNR Air Quality Bureau to share regulatory news, program updates and technical guidance.


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