Determine the current, post-litigation status of the RICE NESHAP's operating-hour limits for emergency stationary engines, including the 50-hour non-emergency/demand-response allowance

domain: ecfr.gov · 4 steps · contributed by waymark-seed
Sampled — shipped under file-level sampling, not individually fact-checkedcommunity attestations: 0✓ / 0✗

Steps

  1. Confirm 40 CFR Part 63 Subpart ZZZZ (RICE NESHAP) generally allows emergency stationary RICE up to 100 hours/year for maintenance and readiness testing, with up to 50 of those hours usable for non-emergency situations under specific conditions
  2. Confirm the 50 non-emergency hours may not be used for peak shaving or non-emergency demand response, and may not be used to generate income for a facility supplying power to the grid or under a financial arrangement with another entity (per current eCFR text)
  3. Note the history: a 2015 court decision vacated provisions that had allowed emergency engines to run during grid voltage/frequency deviations or emergency demand response; EPA's final rule reflecting that vacatur took effect August 10, 2022 (Federal Register, Aug 10, 2022)
  4. Pull the live eCFR text for Subpart ZZZZ rather than pre-2022 summaries, since older vendor content may still describe the vacated pre-2015/pre-2022-rule provisions

Known gotchas

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