EPA Trisha Victor

Are Your Engines in Compliance with the NESHAP Subpart ZZZZ Standards?

The compliance date for the RICE NEHSAP has long passed, May 3, 2013; but did you complete all of the compliance requirements and are you continuing to comply with this regulation?  A client recently sought assistance as they believed they had completed the necessary retrofits for their engines and complied with all requirements of the NESHAP back in 2012 until a state inspector arrived and questioned specific records and testing for compliance with this regulation.  The facility soon realized that they had never completed initial compliance testing on the engines nor did they submit the appropriate notifications to EPA.  The NEHSAP Subpart ZZZZ regulations were not part of their existing state permits and the client was unaware of these federal rules, especially given the fact that the state has not taken delegation of this rule and the rule was not included in their permit from VADEQ.  compliant-stampMany states such as Virginia and Pennsylvania have not taken delegation of NSPS Subpart IIII or JJJJ or the NEHSAP Subpart ZZZZ, leaving the rules to be implemented and enforced by EPA.  This makes things very confusing to owners and operators of engines especially when their permits to include these important regulations.

Emergency engines should be complying with the NESHAP RICE rule by performing specific maintenance on the engine and keeping the appropriate records of maintenance, fuel use and operating hours.  Non-emergency engines must ensure compliance with a 70% CO emissions reduction by installing appropriate aftertreatment (a diesel oxidation catalyst) and performing emissions testing to demonstrate compliance.  Initial notification, recordkeeping and reporting, as well as performing emissions testing every 3 years or 8,760 hours to demonstrate compliance are also required.  Are you keeping the appropriate records to maintain compliance?  Have you completed subsequent emissions testing every 3 years to demonstrate compliance with the CO emissions reduction?

EdgeMCS EPA Post

EPA’s 100 Hour Emergency Demand Response Provision for Engines to be Vacated

On May 1, 2015, the DC Circuit Court of Appeals decided in Delaware Department of Natural Resources and Environmental Control vs. EPA that EPA acted arbitrarily and capricious in its rulemaking that allowed emergency engines to be operated for up to 100 hours per year for emergency demand response operations for periods in which the Reliability Coordinator under the North American Electric Reliability Corporation (NERC) Reliability Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by reference, see §60.17), or other authorized entity as determined by the Reliability Coordinator, has declared an Energy Emergency Alert Level 2 as defined in the NERC Reliability Standard EOP-002-3.  The Court reversed the 100 hour exemption for emergency engines under the NESHAP and NSPS regulations and remanded them back to EPA for further action.

On July 15, 2015, EPA responded to the Court’s decision and requested a stay of issuance of the mandate until May 1, 2016.  This request was to ensure grid reliability for this year, allow owners/operators of engines a reasonable time to install necessary controls and to allow EPA time to evaluate the need for a limited follow-up rulemaking.  In addition, EPA petitioned the Court for a panel rehearing that was unopposed to ensure that the requirement in the rule that limits maintenance checks and readiness testing to 100 hours per year be left in effect.

Therefore, the EPA’s response dictates that the 100 hour provision for emergency demand response will be vacated as of May 1, 2016.  This allows for current contracts to continue through this season and provides owners/operators the time to install the necessary pollution control equipment on the engines if they want to continue to operate for demand response purposes as a non-emergency engine.  These engines would now be considered non-emergency and would be subject to the regulations set forth in NESHAP Subpart ZZZZ for existing engines or NSPS Subpart IIII for new engines for non-emergency engines.  NESHAP Subpart ZZZZ requires non-emergency engines to install diesel oxidation catalysts (DOCs) to meet CO requirements and NSPS Subpart IIII would require engines to install selective catalytic reduction (SCR) and/or diesel particulate filters (DPFs) in order to meet the NOx and PM requirements for non-emergency engines.

In another related case that has been under review since April 2014 when several petitioners sought reconsideration of the same part of the regulations by EPA, EPA filed a motion for voluntary remand without vacatur of the provision in the regulations known as the 50 hour rule which allows for emergency engines to operate for non-emergency purposes to support local reliability.  It appears that EPA will now revisit this part of the regulation as well in light of the Court’s decision on May 1, 2015 with regards to the 100 hour rule.  Although EPA stated that they will conclude reconsideration of this part of the rule within a reasonable time period, no schedule has been set forth.


For additional information pertaining to this voluntary remand by EPA, please contact us.



cannon dr module edgemcs

Cannon Disaster Recovery Module


In addition to the Indestructible Globe Trotter Module recently released by Cannon Technologies, they have also released the Cannon Disaster Recovery Module.


This iteration of the DR module enables a totally up Captureto date, current software / hardware regime, to be shipped in an instant to any global location and rapidly brought on line for immediate trouble free, seamless operation. There is no need to delay shipment for the usual critical system updates.

The principle is simple but highly effective; The DR module is pre populated as a full specification active Data Center and permanently connected to the home core network, within which it is live and continually and fully operational. All updates to the home network are automatically loaded into the DR system so that at any moment in time it is fully compliant with the latest, current issue level of software and hardware. It is a fully up to date, fully functional component of the principal Core Network. The “always current” status of the system enables the DR module to be instantly shipped to any needful situation where the DROP-PLUG -PLAY capability enables immediate integration to the home core network for full Data Com operation at the point of deployment.


(On board) In this version (1) of the DR solution, live storage is provided for a number if PC’s. These PC’s are securely shelf stored, powered and always fully connected to the core network so that they also are up to date with current iterations of the system. These PC’s can be instantly distributed to authorized users at the deployed location. Twenty five such PC’s are stored in this particular iteration. The system will cater for four hundred users in total, as configured. For alternative needs, the system can be equipped for a much larger or smaller user count.


The unique “SOFT RIDE” protection of installed IT hardware brings transformational capability to those responsible for fast response decisions, in any sector. Old, slow reaction frustrations are now supplanted by a virtually instant response capability. The strategic and financial benefits are substantial and transformational.


The key benefits of the Cannon DR module can be coupled with wide ranging, extreme performance military attributes or configured for rugged commercial deployments.


The Cannon DR solution is a derivation of the extensive “Cannon Globe Trotter – Soft Ride” range. Any model within this range can be configured by Cannon as a DR module.

Read more about the Globe Trotter Module: Cannon Launches Indestructible Globe Trotter Module