November 8, 2010

The Honorable Lisa Jackson

Administrator

United States Environmental Protection Agency

Ariel Rios Building (Mail Code 1101)

1200 Pennsylvania Ave., NW

Washington, D.C. 20460

Re: Petition for Reconsideration of Portions of the Final Rule: National Emission 

Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion 

Engines

Dear Administrator Jackson:

I am writing in support of the National Rural Electric Cooperative Association’s 

(NRECA) October 19, 2020, Petition for Reconsideration of portions of the Final 

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal 

Combustion Engines promulgated on August 20, 2010, (75 Fed. Reg. 51,570). 

Allamakee-Clayton Electric Cooperative (ACEC) is a member-owned electric 

distribution cooperative located in northeast Iowa. We serve approximately 9748 

member-consumers and are about 95% rural residential or agricultural farm operations in 

consumer makeup. Farms are typically grain and/or livestock based operations, including 

a significant dairy and swine industry which is very dependent on affordable and reliable 

electric service.

We have only recently become aware of the proposed RICE NESHAP rules and the 

potential impact of these rules on our cooperative member-consumers. As a distribution 

cooperative without our own generation facilities, we have had no practical reason to 

track and review the many and varied rulemaking activities under the Clean Air Act. 

Lacking any outreach from the EPA, we have been taken off-guard by the proposed rules 

and the potential adverse impact that such changes would have on what has been 

heretofore, a very successful and practical peak shaving program.

NRECA’s petition addresses restrictions contained in the final rule that prohibit the use 

of small emergency generating units for peak shaving programs. ACEC has offered a 

variety of load management programs for many years, including a Peak Alert Program 

which allows member-consumers to utilize their emergency generators for peak shaving 
purposes. Currently we have 20 such accounts which help the cooperative to realize 

approximate 1655 kW in demand reduction during times of system peak demand. While 

the resultant savings are beneficial to the cooperative membership as a whole, the real 

measure of success is with the member-owners of the generating units. These units have 

largely been installed as emergency backup generators for livestock operations. Without 

these critical units, the livestock producers could suffer large financial loss due to 

livestock mortality during power outages. By including these generating units in our 

Peak Alert Program, the owners have realized additional financial benefits from the 

generating units and are better able to justify the costs of what is in reality, a necessity for 

the financial safeguarding of their farm operations.

ACEC’s peak shaving programs typically involve minimal hours of operation, and would 

not generally add to the 100 annual hours of operation allowed under the rules. 

Continuing to allow use of member-owned generators for peak shaving programs would 

not, therefore, cause any significant additional public health risks or environmental harm. 

Elimination of this program would, however, require procurement of additional central 

station generation capacity as well as possible additional transmission and distribution 

line capacity in order to serve the increased demand.

In light of the minimal adverse environmental effects and the offsetting benefits of 

continuing to allow use of small emergency generating units for peak shaving programs, 

ACEC is requesting that the EPA reconsider the provisions of the final RICE NESHAP 

rules that would otherwise restrict the operation of these units for peak shaving and 

demand reduction programs.

Please contact me if you have any questions or need additional information. Thank you 

for your careful consideration of this matter.

Sincerely,

Paul D Foxwell

Executive Vice President/General Manager

cc: Robert Wayland

Melanie King

Kevin Bromberg, SBA