EPA Issues Final Rule Regulating Emissions From Diesel Powered Stationary Reciprocating Internal Combustion Engines, Affecting Many Industrial Facilities

By Olivier Theard

Introduction

On February 17, 2010, the EPA issued a final rule under the Clean Air Act intended to reduce emissions of toxic pollutants from existing diesel powered stationary reciprocating internal combustion engines (RICE), also known as compression ignition (CI) engines. The new rules are important because they will affect operations at many facilities throughout the country that need to generate electricity for certain applications. RICE engines are typically used in industrial facilities such as power plants, chemical and manufacturing plants to generate electricity for compressors and pumps. The engines can also serve in emergency situations to produce electricity to pump water for flood and fire control. In general, the rules will require installation of pollution control equipment, performance of emissions tests and the burning of ultra-low sulfur fuel. A link to a fact sheet concerning this rule is attached here. This article, in combination with the EPA fact sheet, summarizes the key aspects of the rule.
 

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Council for Environmental Quality Issues Draft NEPA Guidance for Consideration of Climate Change Effects

By Brenna Moorhead

The Council of Environmental Quality issued draft guidance to federal agencies on how to analyze the environmental effects of greenhouse gases ("GHG") and climate change under the National Environmental Policy Act ("NEPA") on February 18, 2010. (Available here.)
 

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A Brief Overview of the Recent Amendments to CEQA Guidelines

By Brenna Moorhead

On December 29, 2009, the California Natural Resources Agency ("Resources Agency") adopted amendments to the guidelines implementing the California Environmental Quality Act ("CEQA").  The amendments were filed with the Secretary of State on February 16, 2010 and will assist lead agencies in complying with CEQA's existing requirements when analyzing and mitigating the impacts of greenhouse gas ("GHG") emissions[1] associated with a proposed project. 
 

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California Air Resources Board Delays March 1 Deadline For Compliance With Off-Road Regulation

By Misti M. Schmidt

In 2007, the Air Resources Board (ARB) adopted a regulation to reduce diesel particulate matter (PM) and oxides of nitrogen (NOx) emissions from in-use (existing) off-road heavy-duty diesel vehicles in California. With the March 1, 2010 deadline looming over the construction industry for complying with the off-road regulation, ARB issued a statement yesterday postponing any enforcement actions for noncompliance with the regulation. Because of the faltering economy, reduced construction activity, and associated reduced emissions, "effective immediately, and until further notice, no enforcement action will be taken for noncompliance."
 

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