WelcomeRevisions of Chapter 173-400

WAC

Sections -035 and -036Rule advisory committee workshop

#5

Lacey, WAOctober 28, 2009

Permitting of Portable Sources and Nonroad Engines

• Ecology is engaged in rewriting the Air Quality Rules for these sources.

• EPA has told us that each portable source must undergo NSR the first time it is used in the state.

• Ecology ‘s aim is to get our rules into the State Implementation Plan (SIP) so that we can obtain approval of the Major Source Permitting Programs – PSD and Non-Attainment Area New Source Review

Problems with Old Rule Language

• The current rule is confusing (at least to me). The rule tries to cover several types of sources without really differentiating what requirements each type of source must do to get a permit.

• Current rule does not discuss protection of the NAAQS

Problems with Old Rule Language

• No mention of Nonroad Engines.• Are we talking about Temporary or

Portable; Are they the same?• Is there a de minimis level?• We are experiencing declining

revenues = less staff resources for government and businesses.

• Continuing to attempt to streamline approvals

So What Are We Proposing?

• Portable sources would be subject to New Source Review.

• Portable Sources would be able to move from one jurisdiction to another with notification.

• Portable sources that contain both portable and nonroad engines would be required to get a permit that covers both.

• Nonroad engines would be subject to a review under a new section, WAC 173-400-036.

(3) Appeals. The permitting authority must promptly provide mail copies of the final decision to the applicant. Final decisions and orders of ecology or a permitting authority may be appealed to the pollution control hearings board as provided in chapter 43.21B RCW and chapter 371-08 WAC.  

(4) Change of conditions. The owner or operator may request, at any time, a change in conditions of an approval to operate and the permitting authority may approve the request provided the permitting authority finds that the operation will comply with WAC 173-400-112(2)(c) or WAC 173-400-113(3).

(5) Enforcement. All persons who receive an approval to operate must comply with all conditions contained in the approval. 

(6) Operation time limitations. Nonroad engines may operate up to a maximum of twelve consecutive months at any location.

(7) Fees relating to this section can be found in chapter 173-455 WAC.

WAC 173-400-035 Portable Sources. (1) Portable sources are subject to the requirements and permitting procedures in this section, WAC 173-400-110, WAC 173-400-111, WAC 173-400-112, WAC 173-400-113,and WAC 173-400-560 as applicable. Portable sources must comply with the requirements of WAC 173-400-720 - 750 if the source is considered a major stationary source within the meaning of WAC 174-400-720. Portable sources must comply with the requirements of WAC 173-400-820 - 890 if the source is considered a major stationary source within the meaning of WAC 174-400-820. Nonroad engines that are associated with a portable source are regulated under WAC 173-400-036.

(2) A portable source may operate no more than twelve consecutive months at any location.

(3) The provisions of this paragraph (3) apply in counties and at sources regulated by the Department of Ecology and in jurisdictions of permitting authorities that have promulgated rules specifically adopting these requirements. (a) An owner or operator who obtains a notice of construction approval for a portable source from any permitting authority in Washington that adopts this provision may use that notice of construction approval in any location in Washington provided that:

(i)The appropriate fees have been paid, and(ii)The owner /operator provides notification to the new permitting authority at least ten days prior to the start of operation at the new location. If the NOC specifies a different notification period, you must comply with the NOC, and (iii) The portable source is operated in compliance all conditions in the notice of construction and all applicable air quality state and federal rules and laws.

(b) The new location notification, in (3)(a)(ii) above, must contain the following information:

(i)A copy of the notice of construction approval issued to the portable source;(ii) The location where the portable source will

operate;(iii) The proposed date to start operation at the new

location;(iv) The anticipated date to end operations at that location; and(v) The name and phone number of the onsite contact person responsible for operation of the portable source at the new location.

(4) Change of conditions or modification to a portable source. Changes to the conditions in a NOC or modifications to the operating parameters of a portable source require a new notice of construction application that must be processed in compliance with the rules and regulations of the permitting authority where the source is operating at the time the changes or modifications occur.

Non-Road Engines

• Ecology staff traveled to ERO last week to talk with the representatives of owners of Asphalt batch plants, concrete batch plants, and rock crushers

• We heard that there are many non-road engines and the work to permit them all would be formidable, beyond our ability.

• We talked about general orders, permit by rule, de minimis, etc.

• Here is what we came up with.

WAC 173-400-036 Nonroad engines.(1) Applicability. This section applies to any

nonroad engines, except for the following:(i) Emission units and activities listed in WAC 173-400-110 (4); and(ii) Any non-road engine with less than 500 brake horsepower; and

(iii) Any nonroad engine that is:(A) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function; or(B) In or on a piece of equipment that is intended to be propelled while performing its function.

(2) Permit by Rule. (a) A project consisting of up to four non road engines that are not exempt in subsection 1 above, may operate under the authority of this subsection without approval of the permitting authority. Projects involving more than four non road engines supporting a specific function must seek approval under subsection (3) below.

(b) Compression ignition non road engines used to support portable sources are required to use on-road diesel fuel only.

(c) Non road engines may not be located at a particular site for more than 12 consecutive months unless the unit is being stored and will be move to a new location before operation.

(d) New non road engines may not be brought in to serve the same function as the original engine.

• (3) Written approval of non-road engines. (a) Before beginning operation of more than four nonroad engines, written approval must be obtained from the air quality permitting authority in the area where the operation is located.

(b) Prior to starting operation, the owner or operator must notify the permitting authority of the intent to operate, and supply sufficient information to enable the permitting authority to determine that the operation will comply with WAC 173-400-112(2)(c) and WAC 173-400-113(3).

(c) The permitting authority may set specific conditions for operation as necessary to ensure compliance with WAC 173-400-112(2)(c) and WAC 173-400-113(3) in compliance with 40CFR 89 Subpart A, Appendix A.

(d) Within 30 days after receiving a notice of intent to operate, the permitting authority must notify the applicant in writing either:

(i) that the application is complete and the applicant may start operation or

(ii) that the application is incomplete and may not start operation until the permitting authority has set specific operating conditions. At this time the permitting authority will list all additional information necessary to complete the notice.

(e) The permitting authority must issue the approval to operate a nonroad engine within 30 days after receiving a complete notice of intent to operate.

(f) Applicants seeking approval to construct or modify a source that requires review under WAC 173-400-035, WAC 173-400-110, or WAC 173-400-560 and includes the review of nonroad engines may elect to integrate the reviews. A nonroad engine notification designated for integrated review will be processed in accordance with the procedures and deadlines in WAC 173-400-111.

(4) Appeals. The permitting authority must promptly provide copies of the final decision to the applicant. Final decisions and orders of ecology or a permitting authority may be appealed to the pollution control hearings board as provided in chapter 43.21B RCW and chapter 371-08 WAC.

(5) Change of conditions. The owner or operator may request, at any time, a change in conditions of an approval to operate and the permitting authority may approve the request provided the permitting authority finds that the operation will comply with WAC 173-400-112(2)(c) or WAC 173-400-113(3).

(6) Enforcement. All persons who receive an approval to operate must comply with all conditions contained in the approval.

(7) Fees relating to this section can be found in chapter 173-455 WAC.