EPA Guidance Allows Non-Emergency Use of Reciprocating Internal Combustion Engines to Supply Data Center Power

EPA issued guidance with the stated policy goal of ensuring “data centers and power companies have reliable power to maintain America’s lead on artificial intelligence.” The guidance interprets the National Emission Standards for Hazardous Air Pollutants (NESHAP) regarding Reciprocating Internal Combustion Engines (RICE), finding that “engines can operate for up to 50 hours per year in non-emergency conditions to supply power for our nation’s grid and maintain reliable service as part of a financial arrangement with another entity.” EPA administrator Lee Zeldin characterized this guidance as “taking action to rectify the previous Administration’s actions to weaken the reliability of the electricity grid and our ability to maintain our leadership on artificial intelligence.”