The Environmental Protection Agency on Aug. 30 published in the Federal Register a final rule related to stationary combustion engine electronic reporting.
The Final Rule makes reporting revisions and clarifications to the Clean Air Act’s National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines, New Source Performance Standards for Stationary Compression Ignition Internal Combustion Engines and New Source Performance Standards for Stationary Spark Ignition Internal Combustion Engines.
The Final Rule does not revise the numerical emissions standards or act on EPA’s proposal to modify the emergency engine requirements that allow 50 hours per year of operation to mitigate disruptions to electricity supply. The Final Rule is effective upon publication (August 30, 2024).
EPA revised three regulations. Two are CAA Section 111 NSPS provisions. The third sets the maximum achievable control technology standard for hazardous air pollutants under CAA Section 112 for RICE engines.
Power generators often use these smaller engines to complement normal operations, such as during peaking times, to support pumps and startup operations, and as emergency generators.
Internal combustion engines complement renewable generation due to their fast start/stop capabilities to follow load.
Both the NESHAP and NSPSs have emergency engine requirements that permit less stringent requirements when compared with non-emergency engines, and they have allowable hours of operation limits for emergency engines to operate in non-emergency situations.
Electronic Reporting
Under the Final Rule, owners and operators of stationary engines subject to any of the three regulations (NSPS Subpart IIII or JJJJ or NESHAP Subpart ZZZZ) are required to submit electronic copies of certain compliance reports through EPA’s Central Data Exchange using the Compliance and Emissions Data Reporting Interface.
These reports include certain initial notifications of compliance, performance test reports, Notification of Compliance Status and annual and semiannual compliance reports.
To assist in understanding the electronic reporting requirement changes, EPA published the memorandum titled Electronic Reporting Requirements for NSPS and NESHAP Rules on August 19, 2020. This memorandum describes the new electronic data submission process and was uploaded to the rulemaking docket on June 25, 2023.
The Final Rule also identified two circumstances in which EPA can grant an electronic reporting extension.
Owners and operators may request additional reporting time in the event of (1) outages of the Central Data Exchange or the Compliance and Emissions Data Reporting Interface or (2) force majeure events, defined as events that will be or have been caused by circumstances beyond the control of the affected facility preventing the owner or operator from complying with the electronic reporting requirements.
Examples of force majeure events include acts of nature, acts of war or terrorism, or equipment failure or safety hazards beyond the control of the facility.
National Security Concerns
The Final Rule also provides that if the combustion engine is owned or operated by or for a federal agency responsible for national defense, and if disclosure of the combustion engine’s exact location would be a threat to national security, then the filer may claim a national security exemption to allow the latitude and longitude fields in the reporting template to be left blank.
EPA determined that it was unnecessary to establish criteria for access to precise geolocation of sources because facility address data is still required to be reported.
“50-Hour Provisions”
In the Proposed Rule, EPA solicited comments regarding the “50-hour provisions” allowing emergency engines to operate for up to 50 hours per year to mitigate local transmission and/or distribution limitations to avert potential voltage collapse or line overloads, leading to the interruption of power supply to a local area or region.
Although EPA received comments addressing the provisions, the agency declined to finalize any changes to the regulations allowing emergency engines to operate 50 hours per year.
The Final Rule noted that EPA “is considering [the comments] as we assess the appropriate path forward.”
APPA has been tracking and monitoring potential changes to the 50-hour provision and filed extensive comments advocating for EPA to retain it. The provision is important to public power utilities because it provides benefits for local reliability and resource adequacy, supporting a safe and reliable grid.
