November 16, 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).

Heartland Power consumer-owners would suffer hardships because of the cost of higher cost energy 

and the low hog, chicken, cattle markets and unemployment in our service area with the price of 

upgrading their generator s to meet the higher standards. 

Heartland Power was not aware of the RICE NESHAP rule until recently due to EPA’s extended and 

sporadic rulemaking process which has fostered confusion within the regulated community, particularly 

in regard to owners and operators of small emergency generating units participating in peak programs. 

Futhermore, there remain inconsistencies in the rules regarding how certain RICE are to be regulated. 

For example, in EPA’s final rule for spark ignition (“SI”) RICE, the Agency finalized a subcategory of 

nonemergency RICE that operate 24 hours or less per year at area sources. 

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

emergency generating units for peak shaving programs and limits demand reduction service beginning 

in 2013 without the addition of expensive emission reduction technology on units larger than a specified 

size. 

The majority of the small stationary SI and CI engines are not owned by the cooperative, but rather by 

the consumer-owners; therefore we have no control over their expenditure of capital cost for controls in 

order to continue the program. 

While peak-shaving programs do not generate income for the distribution cooperative, they do produce 

economic benefits by reducing the level of demand on their electric power suppliers, resulting in 

reduced demand costs. These reduced costs, in turn, are shared with our members (the owners) of 
these small emergency generating units that participate in peak shaving programs. This is a win 

arrangement that helps hold down power costs for the owners of these generators as well as for 

Heartland Power’s other consumer-owners. Reduced cost of electrical energy is a very important 

consideration during this time of national economic strain and is of particular importance to Heartland 

Power and other rural electric cooperatives since our members are some of the most economically 

depressed areas in the nation.

To help offset the cost of these units Heartland Power uses them in peak shaving and demand reduction 

programs. Without the benefits of these programs, Heartland Power may be forced to discontinue this 

service. In that event, these facilities will be forced to purchase their own units with the cost borne by 

the residents of Heartland Power member-consumers and our area of the country is already severely 

economically depressed.

Another restriction contained in the final RICE NESHAP rules is in regard to the limitation of 15 hoursper-year for demand reduction purposes. The final rule restrictions may prevent emergency engines 

from continued participation in emergency demand reduction programs since the engines may no 

longer be able to meet Independent System Operator tariff requirements that specify minimum hours of 

availability to participate. The result again would be higher costs, the need for replacement capacity, 

and a potentially less reliable electric grid system that depends upon central station versus distributed 

generation.

Heartland supports EPA’s efforts to protect the public health and the environment from harm caused by 

the presence of toxic air pollutants. Heartland Power is very concerned, however, that the Agency has 

included unnecessary restrictions in this NESHAP rule that will cause economic harm across rural 

America without providing any meaningful environmental benefit. 

In light of the minimal environmental effects but significant benefit from having these small stationary 

emergency units available Heartland Power requests that EPA reconsider the provisions of the final RICE 

NESHAP rules that restrict the operation of these emergency units for peak-shaving and demand 

reduction programs. 

Heartland Power believes the restrictions on the use of small stationary compression ignition and spark 

ignition RICE emergency generating units for peak-shaving and demand reduction purposes should be 

eliminated. Alternatively, the restrictions should be minimized so as to not diminish the value of these 

programs. 

Heartland Power suggests that one way that EPA could address this issue for SI RICE is to revise 63.6640 

in its August 20, 2010, final rule by simply removing the restrictions on peak shaving and demand 

reduction service, and the 50 hour limitation on non-emergency service. This change would not result in 

any additional run-time above the 100 hours of operation that is already provided for in the rule. In 

other words, the change would allow owners/operators of small stationary emergency generating units 

to use their units without restriction up to 100 hours-per-year for non-emergency operation in ways that 

best meet their particular circumstances and needs. All hours of operation for maintenance, testing, 

peak shaving, demand reduction, and all other non-emergency operation would be at the 

owner/operators discretion – but not to exceed 100 hours-per-year. Owners/operators with special 

circumstances that require additional operating hours could petition the Agency for additional hours of 

non-emergency operation on a case-by-case basis. Upon adequate justification, the additional hours 

would not be unreasonably denied by the Agency. 
By revising the final SI RICE NESHAP rules in this manner would not, and must not, detract in any way 

from the unlimited hours of operation needed for true emergency service. 

Heartland Power also believes it is necessary and urges EPA to amend the March 2010 CI RICE NESHAP 

final rule and the July 2006 NSPS rule with conforming changes so all applicable rules are clear and 

consistent. 

Please contact Ron Gasteiger, Manager of Members Services of Heartland Power in the event you have 

any additional questions at 641-713-4965.

Thank you for your consideration of our request and we hope you will respond favorably to our request.

Cordially,

Ron Gasteiger

Manager of Member Services

216 Jackson Street 

PO Box 65

Heartland Power Cooperative

Thompson/St. Ansgar, Iowa

CC: Robert Wayland

Melanie King

Kevin Bromberg, SBA