There are three main types of reports:
• Initial notifications. (New RICE notifications are due at startup.)
• Semi-annual reporting for RICEs
operated greater than 100 hr/yr.
• Annual reporting for RICEs operated less than 100 hr/yr. (Starting in
2015, engines greater than 100 HP,
which operate or commit to operate
between 15 and 100 hours per year
for emergency demand response
need to submit an annual report .
All reports must be submitted using
the EPA’s Central Data Exchange.
Occasionally, incidences of non-compliance may occur. Ongoing mistakes
must be reported as deviations in the
semi-annual report. Agencies are (
perhaps unfortunately) accustomed to receiving deviation reports, but beware
that these are self-reports of noncompliance. Enforcement actions can be taken
by the state or local agency, the EPA, or
citizens. EPA fines can be up to $37,500
per violation per day, but federal corporate sentencing guidelines allow for
reduction of penalties if certain conditions are met. Supplemental Environmental Projects (SEP) are also commonly used to reduce penalties.
If an operator becomes aware that
multiple or serious non-compliances
have occurred, such as failing to submit
an initial notification, it is wise to contact an attorney before submitting the
deviation report or otherwise discussing
the non-compliance with the agency.
Do not try to hide a non-compliance
issue once it has been discovered. It is
better to self-report and correct the situation than to risk having the agency
Pathways through the RICE regulatory maze do exist. With a little planning,
it is possible to organize and systematically meet compliance obligations.
source must have an initial performance
test, but do not require retesting.
Engines greater than 500 HP must
also have a Continuous Parametric
Monitoring System (CPMS) to assess
temperature and pressure drops at
the catalyst bed. The CPMS must be
checked as part of the performance
tests. The CPMS conditions that result
in a successful performance test will become part of the ongoing operating requirements. A site-specific monitoring
plan must be developed and implemented, including maintenance protocols for
For all performance tests, a Notification of Performance Test must be
submitted at least 60
days in advance of the
test date. The local
agency or EPA region
may require that the
test protocol be submitted with this notification. Agencies may come and observe the test. Testing must be conducted in accordance with EPA methods.
Reputable testing firms will know these
requirements. Within 60 days after the
test, results must be submitted to the
agency. The report must demonstrate
the ways in which all requirements of
the test method were met (calibrations,
analysis QA/QC, etc.).
Emergency Engine Runtime Limits
Emergency engines are not subject to
emission controls. Instead, they have
runtime limitations. Non-resettable
hour meters are required for tracking
use of emergency engines, and physical
or electronic records must be kept. This
data is very important. Without proof
that the runtime limits are met, the
RICE could be considered non-emergency and subject to the emission control requirements.
Engines must be operated and maintained according to their manufacturer’s
written instructions. Operators must
develop and implement a maintenance
plan that addresses oil changes, air
cleaners, spark plugs, hoses, and belts.
Start-up, Shutdown, and Malfunction
During the burn-in period (the first 200
operating hours) for a new, reconstructed,
or rebuilt stationary RICE, deviations
from emission or operating limitations are
allowed. Engine idling
at startup must be minimized to the period
needed for appropriate
and safe loading of the
engine, not to exceed
30 minutes. Aside
from these times, all
apply, and any failure
to meet them is considered a deviation.
Records must be kept for five years following the date of a given activity. These
records are the evidence that requirements have been met. If actions are not
documented, they cannot be proven.
Records should be kept for:
• All correspondence with the agency
• Engine maintenance
• Oil analysis results
• Hours of operation for emergency
• Maintenance performed on operat-
ing, air pollution control, and CPMS
• CEMS Data
• Occurrences and durations of mal-
• Actions taken during these malfunc-
• Daily fuel use (if using landfill or di-
gester gas for 10 percent or more of
the gross heat input annually)
“If an operator
becomes aware that
multiple or serious
it is wise to contact
an attorney before