Originally published as a Schiff Hardin Environmental Update newsletter

On March 9, 2011, the United States Environmental Protection Agency (USEPA) issued a final rule amending the National Emission Standards for Hazardous Air Pollutants (NESHAP) for existing stationary spark ignition reciprocating internal combustion engines (RICE) published on August 20, 2010. The NESHAP applies to owners and operators of existing stationary RICE located at area sources of hazardous air pollutant (HAP) emissions.

According to USEPA, the amendment (i) clarifies the operation and maintenance requirements for continuous parameter monitoring systems (CPMS), (ii) provides guidance regarding the requirement to conduct temperature measurement calibration checks, (iii) corrects an error in the definition of “spark ignition,” and (iv) clarifies the initial compliance requirements for existing non-emergency stationary engines larger than 500 HP complying with the option to limit the concentration of carbon monoxide (CO) or formaldehyde.

Stating that it anticipates that the amendments to the RICE NESHAP will be noncontroversial, USEPA issued the amendments as a direct final rule, but also issued a proposed final rule concurrently in case it receives significant adverse comments. Comments are due on April 8 unless a public meeting is requested, in which case comments will be due on April 23. If it does not receive significant adverse comments, USEPA will not take any further action on the proposal and the direct final rule will become effective. The Federal Register notice regarding the direct final rule can be accessed at 76 FR 12863 and the proposed final rule is available at 76 FR 12923.