The flowchart will help you identify the steps you need to take to determine if your engine needs to be RICE NESHSAP compliant. The information you need is as follows:

1. A. Is your engine emergency or non-emergency?
   • If facility receives a financial incentive, the engine cannot be considered an emergency generator
     • Peak Demand, On Demand, Curtailmentment contracts are considered selling power and therefore the engines are classified as non-emergency
     • Discounted rates from electricity providers are also a financial incentive
   • Emergency engines:
     • Allowed to operate for on demand 15 hrs annually in potential emergency situations where a blackout is imminent, but has not occurred. Facility can generate income with the 15 hrs.
     • Engine run hours cannot exceed 100 hrs per year of non-emergency use (maintenance checks, special production requirements, etc.) and be classified as emergency. An emergency engine can run indefinitely if it is under an emergency situation such as a natural disaster that affects power supply. These hours do not count toward the 100 hrs of non-emergency use.
2. Is your facility an area source or a major source?
   • Major source is a facility or location that could potentially* emit annually over 10 tons of a single Urban 30 HAP or 25 tons of combined** Urban 30 HAP emissions. Click here for further information on Urban 30 HAPs. Notice that the criteria is not tons of CO emitted.
   • If your facility has an air permit (Title V), it will have current emission levels being emitted. Check with your facilities compliance officer for this information.
   • If your facility doesn't have an air permit, your facility is probably an area source.
   • Non-attainment or attainment areas are not used for RICE NESHAP compliance determination. For a further explanation of NSPS versus RICE NESHAP click here.
   *Actual or typical engine run time is not used in this determination
   ** The amount also includes those emissions produced by other sources at the facility, such as a paint booth.
3. The date of your engine's manufacture or refurbishment.
   • You can find this information on the engine's nameplate.
   • Area sources with >300 HP diesel engines manufactured before 6/12/2006 require RICE NESHAP compliance.
   • Major sources with >500 HP diesel engines manufactured before 12/19/2002 and 300 to 500 HP manufactured before 6/12/2006 require RICE NESHAP compliance.
   • Why aren't newer engines covered by RICE NESHAP? They are already compliant under the NSPS Tier requirements. Click here for more information. (Go to what is difference between NSPS and RN under the FAQ section)
4. Is the engine a residential, institutional or commercial emergency engine?
   • If yes, it is exempt from the RICE NESHAP ruling.
   • However, if the engine is used on a Peak shaving, On-Demand, or Curtailment contract and receives a financial incentive (discounted electric rate, tariff, or flat fee), the engine is considered non-emergency and therefore will fall under the RICE NESHAP ruling.
   • Not sure if your facility falls under this exemption? Click here to view the EPA's memo that indicates typical operations by SIC code and if they fall under residential, institutional or commercial categories.

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