On May 15, 2013, Ohio EPA issued a Compliance Advisory Notice (Notice) regarding the operation of emergency electrical generators, permitted under Ohio EPA’s permit-by-rule (PBR), for peak shaving or other non-emergency demand response situations. The Notice was issued in light of the Director’s April 30, 2013 Final Findings and Orders clarifying how Ohio EPA would implement U.S. EPA’s revised National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE NESHAP). Pursuant to the Director’s Final Findings and Orders, Ohio EPA will not consider peak shaving operations to be a violation of the Emergency Generator PBR, from April 30, 2013 through May 3, 2014, if the owners or operators comply with the RICE NESHAP's operating restrictions and reporting requirements.
