NEW YORK (5/08, 10/08)

New York plans on publishing their DG proposal, Part 222, in the state register on June 2, 2008. Then the proposal is scheduled to go before the New York Environmental Board on September 16, 2008, and is expected to become effective on December 19, 2008. Key adoption dates can be found here . As of October 2008, New York has not taken any recent action on their DG proposal, Part 222.

NATIONAL - ENGINE RULEMAKING WORKSHOPS (6/08)

API and INGAA will sponsor two workshops in July on the EPA's new NSPS and MACT rules, which will have a significant impact on spark ignition (SI) engines. The first workshop will be held July 9-10th in Denver, Colorado and the second will be held July 22-23rd in Houston, Texas. More information on these workshops can be found here .

NORTH CAROLINA (6/08)

The North Carolina Department of Environment and Natural Resources (DNR) has proposed a number of changes to its current air quality regulations. Proposed changes include, but are not limited to -- revisions to the control of visible emissions, activities exempted from permit requirements, and the application process. The public comment period closes on August 1, 2008. More information on the regulatory changes can be found here.

MASSACHUSETTS (5/08)

The Massachusetts DEP is considering new Combined Heat and Power Regulations . Two public hearings to consider the regulations were held in late April and early May 2008. The proposed changes to the rules for stationary engines and combustion turbines for CHP projects would provide CHP applications with extra emission credits in recognition of their higher efficiency.

NATIONAL (1/08)

The U.S. EPA recently finalized a rule that affects reciprocating engines. In January 2008, the EPA issued a new source performance standard (NSPS) for stationary spark ignition internal combustion engines (40 CFR part 63, subpart JJJJ) and revised its national emission standards for hazardous air pollutants (NESHAP) regulations for reciprocating internal combustion engines (40 CFR part 63, subpart ZZZZ). The old NESHAP regulations applied only to new engines with a maximum power output equal to or greater than 500 hp that were located at a major source of hazardous air pollutants (HAPs). The new regulations apply to new gas-fired engines of any size at major and area sources of HAPs. More information on these regulations can be accessed here .

NEW YORK (11/07)

The latest version of NYDEC's DG rule, part 222 has been released. The DEC is finalizing some related documents and plans on submitting the full rulemaking package to the Governor's Office of Regulatory Reform sometime before the end of 2007. A copy of the most recent version of New York's DG rule, part 222 can be accessed here . More information on these regulations can be accessed here .

CALIFORNIA (9/07)

The California Air Resources Board amended their Distributed Generation Certification Regulation. The amendments became effective on September 7, 2007. The final regulation can be found here . A summary of amendments is located here.

RHODE ISLAND (5/07)

The Rhode Island Department of Environmental Management’s Office of Air Resources has adopted final regulations for Regulation No. 43 - General Permits for Smaller-Scale Electric Generation Facilities and Regulation No. 9 - Air Pollution Control Permits . These regulations are set to become effective on May 15, 2007. Regulation No. 43 applies output based emission standards and provides credit for CHP applications. More information on these new regulations can be found here .

NATIONAL (5/07)

On April 25, 2007, the EPA issued a proposal to revise the efficiency standard in the cogeneration unit definition in the CAIR and CAMR model rules and Federal Implementation Plans (FIPs). The EPA has proposed revising the standard so that certain biomass cogeneration units will be able to qualify under the cogeneration unit exemption in the rules. The proposed efficiency standard would only apply to the fossil fuel portion of a unit’s energy input instead of applying to all energy input. Additionally, the EPA proposed a second alternative that could be used, whereby the standard would specifically exclude energy input from biomass fuels. The standard would apply to existing boilers, those for which construction began on or before April 25, 2007. The revised standard would not apply to combustion turbines.

The EPA has suggested revising the cogeneration unit definition since a number of biomass cogeneration units would not be able to meet the current efficiency standard without co-firing a significant portion of fossil fuels such as coal. Biomass units, especially those used in the pulp and paper industry, are less efficient due to a number of characteristics - such as wood having a high moisture content; units that that are designed for low pressure and temperature conditions; and often having small boilers and steam turbines. The proposed changes would allow for a number of cogeneration units firing biomass to qualify under the cogeneration unit exemption and would have little impact on overall emissions reductions required under CAIR and CAMR.

The proposed changes to the definition of a “cogeneration unit” were published in the Federal Register on April 25, 2007. The public comment period will last 45 days; comments are due by June 11, 2007. If a request is submitted by May 7, 2007, a public hearing will be held on May 10, 2007 in Washington, DC.

The offered revisions can be found here .