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What's New
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.
NEW YORK (5/08)
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.
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)
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.
RHODE ISLAND (12/06)
The Rhode Island Department of Environmental Management’s Office
of Air Resources is currently holding a public hearing and comment period for its proposal
to adopt and amend a couple of regulations. The regulations currently being considered under
the public comment period are - Regulation No. 43, “General Permits for Smaller-Scale
Electric Generation Facilities,” and amendments to Regulation No. 9, “Air Pollution
Control Permits.” Regulation No. 43 applies output based emission standards and provides
credit for CHP applications. The public hearing is scheduled for January 18, 2007 at 10 a.m.
at the Rhode Island Department of Environmental Management’s offices located in Providence.
Written comments must be submitted prior to the public hearing if mailed or can be handed in
at the hearing.
COLORADO (10/06)
Colorado released revised proposals for Regulation No. 7 for both the EAC and Statewide Rule. The draft regulations sets standards for VOC emissions from oil and gas operations and natural gas-fired reciprocating
internal combustion engines. Stakeholder meetings are currently on-going as the Department is trying to reach agreement on issues associated with the proposals.
CONNECTICUT (10/06)
NEW YORK (09/06)
The New York Department of Environmental Conservation (DEC) submitted their rulemaking package for Part 222, the state's DG rule, to the Governor's Office of Regulatory Reform on September 14, 2006. A copy of the submitted rule can be found here.
More information on the rulemaking can be found here.
ILLINOIS (07/06)
Illinois has their own draft proposal that sets limits on NOx emissions from
stationary reciprocating internal combustion engines (RICE) and turbines. The Illinois Environmental
Protection Agency (EPA) started the implementation process last fall at a November 14, 2005 stakeholder’s
meeting. The Illinois EPA released a completed draft rule on April 26, 2006 and has made subsequent
revisions to the rule, which were released at a July 12, 2006 meeting. The public comment period on the
latest version of the rule ended on July 21, 2006. Revisions may be made based on comments submitted to
the Illinois EPA and then the proposal will be filed with the Illinois Pollution Control Board. More information
can be found here.
OHIO (07/06)
The Ohio EPA, Division of Air Pollution Control (DAPC) has finished
drafting rules that would set RACT limitations for NOx emission from stationary combustion
sources such as boilers, combustion turbines, and stationary internal combustion engines. Any
comments or recommendations should be submitted by August 23, 2006. More information on the
draft regulations can be found here.
NATIONAL (07/06)
EPA finalized its NSPS for stationary combustion turbines. The
final rule was published and became effective on July 6, 2006 in the Federal Register. Affected
sources are any stationary combustion turbines whose construction or modification commenced after February 18, 2005. The format of the final standard is an
output-based emission standard for
NOX, and also applicable SO2 emission limits.
The Federal Register summary of the final rule can be found here.
NATIONAL (07/06)
EPA's finalized its NSPS for stationary compression ignition (CI) internal combustion engines (ICE). The
final rule was published on July 11, 2006 in the Federal Register. The final rule becomes effective on September 11, 2006. Affected
sources are any CI ICE whose construction or modification commenced after July 11, 2005. The format of the final standard is an
output-based emission standard for PM,
NOX, CO, and NMHC in units of
emissions mass per unit work
performed (grams per kilowatt-hour (g/
KW-hr)) and smoke standards as a
percentage.
The Federal Register summary of the final rule can be found here.
NEW YORK (06/06)
New York is currently working on implementing emission standards for new distributed generation (DG) sources.
New York released its most recent draft of Part 222 in June 2006. The New York Department of Environmental Control (DEC) plans on
adopting the EPA's recently released New Source Performance Standards (NSPS) that would apply to the following types of DG:
- 40 CFR 60, Subpart IIII (compression ignition engines)
- 40 CFR 60, Subpart JJJJ (spark ignition engines)
- 40 CFR 60, Subpart KKKK (turbines)
Subpart 222-2 of the draft rule sets alternative emission standards in case one or more
of the NSPS rules are not finalized. A stakeholder's meeting was held on June 29, 2006. The DEC plans to send the rulemaking
package to the Governor's Office of Regulatory Reform sometime in July 2006. The current draft rule can be found here.
More information can be found here.
COLORADO (06/06)
Colorado is currently working on revising Regulation No. 7, which sets standards for emissions of
volatile organic compounds (VOCs). Regulation No. 7 applies to oil and gas operations and natural gas-fired reciprocating
internal combustion engines. Proposed emission standards for new and relocated natural
gas-fired reciprocating internal combustion engines can be found here.
The draft rule proposal can be found here.
Additionally Colorado and New Mexico have been working together to meet NAAQS. The two states
rated the Four Corners Air Quality Task Force to work on air emission concerns in the Four Corners Region
(part of Southwest Colorado and portions of New Mexico, Utah and Arizona). The Bureau of Land Management
(BLM) is already implementing interim emission standards in the Four Corners Region. NOx emission
limits apply only to new and relocated engines within this region. For engines 300 hp or less a
NOx limit of 2 gm/hp-hr applies. For engines greater than 300 hp a NOx limit of 1gm/hp-hr applies.
The Four Corners Air Quality Task Force is working on regulating
air emissions in the Four Corners Region, which is essentially the San Juan Basin.
More specifically, the Four Corners Air Quality Task Force has an Oil and Gas Workgroup.
A report prepared for the task force entitled, “Strategic Emission Reduction Plan (SERP)
for Stationary Oil and Gas Sources in the Four Corners Region,” details potential strategies.
The SERP’s focus is to “provide a framework for implementing a voluntary NOx/SOx,
PM10/PM2.5, VOC, and CO emission reduction program using incentive based options (e.g.,
emissions market-based trading systems) combined with company specific caps and or state
regional cumulative emission ceilings.” The SERP report can be found here.
NATIONAL (05/06)
EPA released its Proposed Standards of Performance for Stationary Spark
Ignition Internal Combustion (IC) Engines; and Proposed Air Toxics Standards for Reciprocating
IC Engines on March 23, 2006. The proposal is in two parts. The first part is New Source Performance
Standards (NSPS), which would place NOx, CO, and non-methane hydrocarbon (NMHC) emission limits
on new spark ignition IC engines. For spark ignition IC engines the standards would
apply to engines manufactured after July 1, 2007 that are greater than or equal to 500 hp and the
standards would begin after January 1, 2008 for engines less than 500 hp. The second part of the
proposed rule would limit air toxics emission from new, existing, and modified stationary reciprocating
IC engines that are located at area sources of air toxics emissions or that have a site rating of less than
or equal to 500 hp and are located at a major source of air toxics emissions. The comment period
will last for 90 days and will begin once the proposed rule is published in the Federal Register.
The complete proposal can be found here.
VIRGINIA (04/06)
On April 10, 2006, Virginia passed legislation (HB 1541) which expanded net metering in the state.
HB 1541 will now allow net metering to all systems that generate electricity using renewable energy. In Virginia,
renewable energy is defined as "energy derived from sunlight, wind, falling water, sustainable biomass, energy from waste, wave
motion, tides, and geothermal power." In the past net metering was only available to solar, wind or hydro generating facilities. The
bill also allows net metering for customers who contract with other entities to own or operate net-metered systems, previously
the facility had to be on a customer's property. Residential customers with systems up to 10 kW and nonresidential customers
with systems up to 500 kW are eligible for net metering.
RHODE ISLAND (03/06)
Rhode Island proposed legislation (S 2734) on February 14, 2006, to provide
incentives for distributed generation (DG), combined heat and power (CHP), and other renewable
or energy efficient technologies. If passed, S 2734 would require net-metering to be made available
to qualified DG systems at non-discriminatory rates and would exempt certain units from backup rates.
An investigation into natural gas rates would be conducted and discounted rates would possibly be made
available to DG units. Energy efficient technologies and renewables would be given priority status
in the approval and siting process. Lastly, S 2734 would require electric distribution companies to
include charges to fund demand side management and renewable energy programs in the state.
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