NACWA Regulatory - Alert (RA 06-08)

On June 12, 2006, EPA proposed new performance and emission standards for internal combustion engines (ICE) (http://www.epa.gov/fedrgstr/EPA-AIR/2006/June/Day-12/a4919.pdf).  The proposal would establish New Source Performance Standards (NSPS) for all sizes of new, modified, or reconstructed stationary spark ignition ICE that combust any type of fuel (40 CFR Part 60 Subpart JJJJ).  The proposal would also expand current national emissions standards for hazardous air pollutants (NESHAPs) for reciprocating internal combustion engines (RICE) (40 CFR Part 63 Subpart ZZZZ).   

NACWA’s Air Quality Committee has reviewed the proposed standards and found that they would impact many clean water agencies.  Manufacturers would be required to certify that some types of engines meet the new standards, and agencies that purchase these certified engines would be deemed in compliance with the standards.  For engines using unconventional fuels such as digester gas, however, manufacturer certification would be optional and owners (i.e., municipalities) would likely be required to conduct their own performance testing of these engines.   NACWA submitted comments (http://www.nacwa.org/getfile.cfm?fn=2006-08-25cmts.pdf) on August 25 to EPA, requesting that the complex text of the regulations be clarified to enable agencies to comply with the rules more easily. 

NACWA members are encouraged to submit additional comments to EPA by the October 11 deadline (the original September 11 deadline that was published in the proposed regulations has been extended).  Members are welcome to use the information from this Regulatory Alert and from NACWA’s August 25 comment letter in their own comments.  Please contact NACWA’s Cynthia Finley at 202/296-9836 or cfinley@nacwa.org with any questions or information about this Alert.

New and Expanded Emissions Standards for ICE
The proposed regulations in Subpart JJJJ would establish NSPS for new, modified, or reconstructed stationary spark ignition ICE.  Existing engines would not be affected by the regulations.  The standards would limit emissions of nitrogen oxides, carbon monoxide, and non-methane hydrocarbons (NMHC) and require that, after January 1, 2008, engine manufacturers certify all engines using 25 hp or less as well as 25 to 500 hp gasoline and rich burn liquefied petroleum gas (LPG) engines.  They would also be required to certify 500 hp or greater gasoline and rich burn LPG engines manufactured after July 1, 2007.  For these types of engines, owners/operators would only need to purchase certified engines to be in compliance with the regulations.  For other types of engines, including those operated on digester gas, certification by the engine manufacturers would be optional.  All engines modified or reconstructed after June 12, 2006, would also be required to meet the emission standards.

Subpart ZZZZ already contains a NESHAP for stationary RICE over 500 hp at major sources, and these standards would not change.  The proposed regulation would expand these standards to RICE operating on less than 500 hp at major sources and all RICE at area sources.  Emissions standards would be established for NMHC and for formaldehyde or carbon monoxide, either of which can be used as a surrogate for hazardous air pollutant emissions.  The proposed regulation categorizes RICE into four groups:  engines less than 50 hp, landfill and digester gas engines, compression ignition (CI) engines over 50 hp, and spark ignition (SI) engines over 50 hp.  The CI and SI engines are further divided by emergency and non-emergency engines, and non-emergency SI engines are classified by stroke and lean or rich burn.  All of these categories of RICE would have different emissions standards, and the standards would be different for area sources and major sources.  The manufacture dates that require implementation of the new standards also vary according to the different engine types.  All engines reconstructed after June 12, 2006 would be required to meet the standards, while existing engines that are less than 500 hp would not be subject to any requirements under Subpart ZZZZ.  All certification by manufacturers would be optional. 

Requirements for Owners/Operators
NACWA’s Air Quality Committee has reviewed the proposed rules and believes that the proposed emission limits are reasonable and that compliance would not be particularly burdensome for clean water agencies that own or operate these engines.  Paperwork for owners/operators may increase due to the documentation requirements for performance testing, maintenance, and emergency engine use.  If clean water agencies purchased engines certified by the manufacturer, they would automatically be in compliance with the new regulations in Subpart JJJJ and Subpart ZZZZ; however, manufacturer certification would be optional for engines that use digester gas or other unconventional fuels.  If agencies purchased uncertified engines, they would conduct initial performance tests to show compliance, and repeat the tests every three years for engines greater than 500 hp.  Owners would need to report the results of performance testing within 30 days of the test.  Records would be required for all maintenance of engines, with maintenance performed according to the manufacturer’s recommendations.  Additional compliance reports may be required depending on engine type and use.  For emergency engines, records of the hours and purpose of operation would be required, with a limit of 100 hours per year for necessary maintenance and testing.  Emergency engines would also be equipped with a non-resettable hour meter.

NACWA Comments on Proposed Regulations
NACWA’s comments to EPA addressed the format of the proposed regulations.  While the proposed emission limits seem reasonable, the complexity and length of the regulation text makes it difficult to determine the requirements for a particular engine scenario.  NACWA requested that EPA construct flowcharts or other visual aids to clarify the requirements for owners/operators of ICE.  The flowcharts would guide owners/operators through both Subpart JJJJ and Subpart ZZZZ by describing the certification, notification, documentation, and reporting requirements as a series of sequential steps.  Clean water agencies could then more easily determine the actions necessary to comply with the regulations.

Again, NACWA members are encouraged to submit any additional comments to EPA by the October 11 deadline. NACWA’s comments were minor, focusing on the format of the rule.  If members identify additional, more substantive issues, please contact Cynthia Finley at 202/296-9836 or cfinley@nacwa.org with any questions or information about this Alert.