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APPA moves to support EPA in court challenges to RICE emissions standards


From the May 13, 2013 issue of Public Power Daily

Originally published May 13, 2013

APPA has moved to intervene in court challenges to the Environmental Protection Agency’s Jan. 15 final rule setting emission standards for reciprocating internal combustion engines (RICE) under Section 112 of the Clean Air Act. Six parties have petitioned the U.S. Court of Appeals for the District of Columbia for review of the RICE standards; the cases have been consolidated into a single proceeding, State of Delaware v. EPA, Case No. 13-1093. In its May 1 motion, APPA said it "seeks to intervene in these cases on behalf of EPA to provide the court with additional perspective on aspects of the rule that other petitioners are expected to challenge involving limits on the hours that stationary emergency engines may be used for emergency demand response."

"If the provisions of the rule allowing limited emergency demand response are not upheld, APPA’s members would be unable to utilize certain RICE for responding to such emergencies," APPA said. "In certain instances, public power entities may also not be able to ‘buy’ power off the grid for the communities they serve at any price."

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