RICE MACT Series (Part 1): Finding Your Way Through the Labyrinth – Introduction, Applicability, and Exemptions

Introduction – Welcome to the Labyrinth

If your facility includes a generator, or any other piece of equipment, driven by a stationary reciprocating internal combustion engine (RICE), there are several Federal air quality regulations that potentially apply to the operation of that equipment. Important among them is 40 CFR Part 63, Subpart ZZZZ – National Emissions Standards for Hazardous Air Pollutants (NESHAPs) for Stationary Reciprocating Internal Combustion Engines, the so called RICE MACT.  The RICE MACT is far reaching and potentially applies to any stationary RICE that is located at either major or area sources of hazardous air pollutants (HAPs).  As a result, power plants, chemical manufacturing plants, and/or other industrial production facilities are not the only entities affected by the RICE MACT.  Information technology (IT) and/or business sector companies that use emergency generators to power servers in times of utility power outages could also be affected.  Regardless of the size of your facility, if you own or operate a piece of equipment that is driven by a stationary RICE you are potentially affected by the RICE MACT.  This article is the first in a RICE MACT series and focuses on determining the rule’s applicability to your facility.

Background – The Labyrinth, Always Expanding

On June 15, 2004, U.S. EPA promulgated the RICE MACT for stationary RICE with a site rating of greater than 500 horsepower (HP) located at major sources of HAP emissions.  Since then, the RICE MACT applicability was expanded through revisions promulgated on January 18, 2008.  Additional revisions that could further expand applicability of the RICE MACT were proposed on February 25, 2009.  The comment period for the February 25, 2009 proposed revisions to the RICE MACT recently closed on June 30, 2009.  Changes to the RICE MACT applicability that resulted from the January 18, 2008 promulgated revisions, and potential applicability changes that could result from the February 25, 2009 proposed revisions, are presented briefly below:

• January 18, 2008 Revisions – U.S. EPA promulgated revised NESHAPs for stationary RICE that are either located at area sources of HAP emissions and that were constructed or reconstructed after June 12, 2006, or stationary RICE that have a site rating of less than or equal to 500 HP located at major sources of HAP emissions that were constructed or reconstructed after June 12, 2006.
• February 25, 2009 Proposed Revisions – U.S. EPA proposed additional revised NESHAPs for stationary RICE that were not already covered by earlier revisions to the RICE MACT. The revisions included all stationary RICE located at area sources of HAP emissions, stationary RICE with a site rating less than or equal to 500 HP located at major sources of HAP emissions that were constructed or reconstructed before June 12, 2006, and stationary RICE with a site rating of greater than 500 HP located at major sources of HAP emissions that were constructed or reconstructed before December 19, 2002.

Important Terms and Definitions – They Speak a Different Dialect in the Labyrinth

The RICE MACT is rife with terminology and acronyms.  The most important of these are summarized below:

• Affected Source means any existing, new, or reconstructed stationary RICE located at a major or area source of HAP emissions, excluding stationary RICE being tested at a stationary RICE test cell/stand.
• Stationary RICE means any reciprocating internal combustion engine which uses reciprocating motion to convert heat energy into mechanical work and which is not mobile.
• Site Rating means the maximum manufacturer’s design capacity at engine site conditions.
• New Stationary RICE means the following:
  • A stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP is new if construction was commenced on or after December 19, 2002.
  • A stationary RICE with a site rating of equal to or less than 500 brake HP located at a major source of HAP and any stationary RICE located at an area source of HAP is new if construction was commenced on or after June 12, 2006.
• Existing Stationary RICE means the following:
  • A stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP is existing if construction or reconstruction was commenced before December 19, 2002.
  • A stationary RICE with a site rating of less than or equal to 500 brake HP located at a major source of HAP and any stationary RICE located at an area source of HAP is existing if construction or reconstruction was commenced before June 12, 2006.
• Reconstructed Stationary* RICE means the following:
  • A stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP is reconstructed if it meets the definition of reconstruction in §63.2 and reconstruction was commenced on or after December 19, 2002.
  • A stationary RICE with a site rating of equal to or less than 500 brake HP located at a major source of HAP, or any stationary RICE located at an area source of HAP, is reconstructed if it meets the definition of reconstruction in §63.2 and reconstruction was commenced on or after June 12, 2006.

*Re-designation of a stationary RICE from existing to reconstructed is particularly important as more stringent requirements apply to reconstructed stationary RICE.

• Emergency Stationary RICE means any stationary RICE whose operation is limited to emergency situations and required testing and maintenance.
• Non-Emergency Stationary RICE means any stationary RICE whose operation is not limited to emergency situations and required testing and maintenance.
• Limited Use Stationary RICE means any stationary RICE that operates less than 100 hours per year.
• Compression Ignition (CI) is a diesel fuel-fired internal combustion engine; or any other type of engine that uses compression as opposed to spark ignition to induce combustion.
• Spark Ignition (SI) is a gasoline fuel-fired internal combustion engine; or any other type of engine that uses a spark plug or other sparking device to induce combustion.
• Two (2) Stroke Lean Burn (2SLB) is a two-stroke SI internal combustion engine (ICE) that does not meet the definition of a rich burn engine.
• Four (4) Stroke Lean Burn (4SLB) is a four-stroke SI ICE that does not meet the definition of a rich burn engine.
• Four (4) Stroke Rich Burn (4SLB) is a four-stroke SI ICE where the manufacturer’s recommended operating air/fuel ratio divided by the stoichiometric air/fuel ratio at full load conditions is less than or equal to 1.1.

Applicability – Do I Go Left or Right?

As stated, the RICE MACT applies to any stationary RICE that is located at either a major or area source of HAP (i.e., it applies to almost everyone).  It is important to note that unlike other ICE regulations (i.e., 40 CFR Part 60, Subpart JJJJ and IIII), there are no engine size applicability thresholds under the RICE MACT, only the requirements vary based on the size and date of construction or reconstruction.

RICE MACT Applicability to Non-Emergency Stationary RICE is as follows:

For Non-Emergency Stationary RICE with a site rating of greater than 500 HP which are located at a major HAP source, Subpart ZZZZ is applicable in the following manner:

• The standards for existing RICE apply if the unit commenced construction or reconstruction before December 19, 2002.
• The standards for new RICE apply if the unit commenced construction on or after December 19, 2002.
• The standards for reconstructed RICE apply if the unit meets the definition of reconstructed in §63.2 and reconstruction was commenced on or after December 19, 2002.

For Non-Emergency Stationary RICE with a site rating of less than or equal to 500 HP which are located at either an area or major HAP source, Subpart ZZZZ is applicable in the following manner:

• The standards for existing RICE apply if the unit commenced construction or reconstruction before June 12, 2006.
• The standards for new RICE apply if the unit commenced construction on or after June 12, 2006.
• The standards for reconstructed RICE apply if the unit meets the definition of reconstructed in §63.2 and reconstruction was commenced on or after June 12, 2006.

For Emergency Stationary RICE with a site rating of greater than 500 HP which are located at an area HAP source, Subpart ZZZZ is applicable in the following manner:

• The standards for new RICE apply if the unit commenced construction on or after June 12, 2006.
• The standards for reconstructed RICE apply if the unit meets the definition of reconstructed in §63.2 and reconstruction was commenced on or after June 12, 2006.

For Emergency Stationary RICE with a site rating of less than or equal to 500 HP which are located at either an area or major HAP source, Subpart ZZZZ is applicable in the following manner:

• The standards for new RICE apply if the unit commenced construction on or after June 12, 2006.
• The standards for reconstructed RICE apply if the unit meets the definition of reconstructed in §63.2 and reconstruction was commenced on or after June 12, 2006.

Exemptions

There is some hope, however, for a few fortunate RICE owners.  Exemptions from Subpart ZZZZ applicability are summarized below.

Stationary Non-Emergency RICE – current exemptions for RICE driving non-emergency generators are as follows:

• An existing SI 4SRB stationary RICE located at an area source.
• An existing SI 4SRB stationary RICE with a site rating of less than or equal to 500 HP located at a major source.
• An existing SI 2SLB stationary RICE.
• An existing SI 4SLB stationary RICE.
• An existing CI stationary RICE.
• An existing stationary RICE that combusts landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis.

However, if and when the February 25, 2009 proposed revisions are promulgated final, the current exemptions for stationary non-emergency RICE will be revised to only include:

• An existing SI 2SLB stationary RICE with a site rating of more than 500 HP located at a major source.
• An existing SI 4SLB stationary RICE with a site rating of more than 500 HP located at a major source.
• An existing stationary RICE that combusts landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis.

Stationary Emergency RICE – current exemptions for RICE for limited use RICE and for driving emergency generators are as follows:

• New or reconstructed emergency and limited use stationary RICE located at a major source with a site rating greater than 500 HP that commenced construction or reconstruction on or after December 19, 2002, while not exempt, are required to submit an initial notification only.
• Existing emergency or limited use stationary RICE with a site rating greater than 500 HP at a major source that commenced construction or reconstruction before December 19, 2002.
• Existing emergency or limited use stationary RICE with a site rating less than or equal to 500 HP at a major source that commenced construction or reconstruction before June 12, 2006.
• Existing emergency or limited use stationary RICE located at an area source that commenced construction or reconstruction before June 12, 2006.

However, if and when the February 25, 2009 proposed revisions are promulgated final, the current exemptions for stationary emergency RICE will be revised to now include:

• New or reconstructed emergency and limited use stationary RICE located at a major source with a site rating greater than 500 HP that commenced construction or reconstruction on or after December 19, 2002, while not exempt, are required to submit an initial notification only.
• An existing emergency stationary RICE with a site rating of more than 500 brake HP located at a major source.
• An existing limited use stationary RICE with a site rating of more than 500 brake HP located at a major source.

Okay, Got My Map, I Know Which Path to Take…Now What?

Stay tuned for Part 2 of the RICE MACT series in a future edition of 4 The Record that will present emissions limitations as well as operating and testing requirements.