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Emission Regulation and Permitting Resources in the Rocky Mountain West

This section offers helpful information and links to assist in permitting gas and diesel reciprocating engines in the Rocky Mountain area, and is provided as a free service by Onsite Power Inc. We will continue to update and add information to this page.

NEW SOURCE REVIEW

Many gas and diesel stationary engine installations require some type of permitting and/or notification within the Rocky Mountain area, but requirements vary. Clean Air Act provisions and other federal laws set a number of standards and requirements, but states have a great deal of latitude in determining who is required to apply for a New Source Review (NSR) permit and what the application requirements are.

Most NSR permits are issued by state or local air pollution control agencies. EPA establishes the basic requirements for an NSR program in its federal regulations. States may develop unique NSR requirements and procedures tailored for the air quality needs of each area as long as the program is at least as stringent as EPA's requirements. A state's NSR program is defined and codified in its State Implementation Plan (SIP). In some cases, state or local air pollution control agencies have not developed a unique NSR program and rely completely on EPA's NSR program. These states are delegated the authority to issue permits on behalf of EPA and are often referred to as "delegated states." Finally, EPA is the permitting authority in some areas. In both delegated programs and where EPA issues permits, the rules and procedures followed in issuing NSR permits is in EPA regulations.
In some cases, individual non-attainment areas have separate authorities with their own reporting and permitting requirements. In the Rocky Mountain area, this is true only in Albuquerque/Bernallilo County.

OPERATING PERMITS

Very few reciprocating engine installations reach the level to require Title V operating permits. In general, the operating permit is part of the NSR permit for facilities of this type. However, always check local regulations

RICE MACT

On June 15, 2004, the EPA issued the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines Final Rule, known popularly as the RICE MACT (Reciprocating Internal Combustion Engine Maximum Achievable Control Technology), and the rule went into effect August 16, 2004. This regulation requires stationary reciprocating engines greater than 500 hp that are located at major sources of Hazardous Air Pollutants (HAPS) to meet certain standards for emission of HAPS by 2008. The requirements vary, depending on whether the engine is natural gas or diesel, lean or rich burn and two or four cycle. It is important to note that, while compliance is not due for three years, there are some immediate notification requirements that owners should be aware of.

More information and a copy of the regulation can be downloaded at http://www.epa.gov/ttn/atw/rice/ricepg.html. Scroll down the page and you will see downloadable PDF’s with compliance timelines and guidance documents. You will find these to be very informative and much easier than reading the entire regulation.

A handbook for complying with the regulation is available at http://www.epa.gov/ttn/atw/rice/mactcomply.pdf. On page 6 is a very simple flow chart that will help you determine if a particular installation is subject to the regulation and what compliance activities are required.

For more information on HAPS (not to be confused with criteria pollutants such as NOx, CO and VOC’s), go to www.epa.gov/ttn/atw/allabout.html.

The following comes from Miratech Corp:

EPA Proposes New Emission Standards For Stationary Diesel Engine

On June 29, 2005, the Environmental Protection Agency (EPA) proposed new standards to reduce emissions from stationary diesel engines used at facilities such as power plants and chemical and manufacturing plants to generate electricity and power pumps and compressors. These engines are also used to produce standby electricity and to pump water for flood and fire control.

The proposed standards, known as New Source Performance Standards (NSPS), limit emissions of nitrogen oxides (NOx), particulate matter (PM), sulfur dioxide (SO2), carbon monoxide (CO), and hydrocarbons (HC) from stationary diesel internal combustion engines to the same stringent levels required by EPA's non-road diesel engine regulations.  New, modified and reconstructed stationary diesel engines would have to comply with the proposed rule.

The rule would take effect in three, increasingly stringent stages:

  1. The first is a transition period to control emissions from diesel engines built after this rule is proposed but before the 2007 model year. Owners or operators would comply with this regulation by purchasing an appropriate engine and by operating and maintaining the engine according to the manufacturers' instructions.
  2. Beginning in model year 2007:
    • Engine manufacturers would be required to certify that all new, modified or reconstructed stationary diesel engines meet the stringent emissions levels for NOx, PM, CO, and HC that are required for the same size engine and model year for nonroad diesel engines in the categories known as Tiers 1 through 4, with a few exceptions.
    • Stationary emergency diesel engines would be required to be certified to meet emissions limits through Tier 3 and also Tier 4, however, Tier 4 requirements for them do not require add-on controls.
  3. Beginning with 2011 model year engines, add-on controls would be required to achieve the emission limits for non-emergency engines.

STATE AND LOCAL AIR POLLUTION CONTROL AUTHORITIES:

NOTE: WikiRegs (www.wikiregs.com) is a user-defined database of air quality regulations affecting stationary engines. The WikiRegs site contains a growing knowledge base that will help centralize and decode the large and growing list of air emissions regulations and air regulatory districts. WikiRegs is an open resource available to anyone, updated by the regulators themselves.

Following is a list of agency information and website links for permitting information and applications

New Mexico:
Statewide except Indian Reservation Lands
Permitting Section
Air Quality Bureau
New Mexico Environment Department
2048 Galisteo Street
Santa Fe, New Mexico 87505
(505) 827-1494

Overview of permitting requirements: http://www.nmenv.state.nm.us/aqb/permit/index.html
Downloadable Applications and Forms: http://www.nmenv.state.nm.us/aqb/permit/app_form.html
MACT Application and information: http://www.nmenv.state.nm.us/aqb/MACT-Part1.html

Additional requirements for Albuquerque and Bernallilo County:
Albuquerque and Bernallilo County:
City of Albuquerque
Environmental Health/Air Quality
11850 Sunset Gardens SW
Albuquerque, NM 87121
General Assistance: (505) 768-1930
Stationary Source (Business) Info: (505) 768-1952
Air Quality General Information: http://www.cabq.gov/airquality/index.html
Regulation regarding registration of stationary sources: http://www.cabq.gov/airquality/pdf/T20_Ch11_Pt040.pdf

Indian Reservation Lands:
Air Permits Section
Multimedia Planning and Permitting Division
U.S. EPA Region 6
1445 Ross Avenue
Suite 1200
Dallas, Texas 75202
(214) 665-6444
Air permits general information: http://yosemite1.epa.gov/r6/Apermit.nsf/AirP?OpenView

Colorado:
All of state except Indian Reservation Lands
Stationary Sources Program
Air Pollution Control Division
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
(303) 692-2035
General Information: http://www.cdphe.state.co.us/ap/stationary.asp
Step-by-step guide for small business: www.cdphe.state.co.us/ap/down/permittingstepbystep.pdf
Downloadable APEN application forms: www.cdphe.state.co.us/ap/downloadforms.asp
Regulations Summary for Colorado pm comments (word doc)

Indian Reservation Lands:
EPA Region 8
999-18th St. Suite 300
Denver, CO 80202-2466
(303) 312-6312
General information: www.epa.gov/region8/air/index.html
Permitting: www.epa.gov/region8/air/permitting/permitting.html#2

UTAH:
All of state except Indian Reservation Lands
Division of Air Quality
Department of Environmental Quality
150 North 1950 West, 2nd Floor
P.O. Box 144810
Salt Lake City, UT 84114-4810
(801) 536-4000
Permitting overview: www.airquality.utah.gov/PERMITS/pmthome.htm
Guidance: www.airquality.utah.gov/PERMITS/pmtguide.htm
Download forms: www.airquality.utah.gov/PERMITS/pmtforms.htm

Indian Reservation Lands:
EPA Region 8
999-18th St. Suite 300
Denver, CO 80202-2466
(303) 312-6312
General information: www.epa.gov/region8/air/index.html
Permitting: www.epa.gov/region8/air/permitting/permitting.html#2

Wyoming:
All except Indian Reservation Lands:
Air Quality Division
Department of Environmental Quality
122 West 25th St, Herschler Building
Cheyenne 82002
Ph. 307-777-7937
Air Quality General information and online forms: http://deq.state.wy.us/aqd/index.asp?pageid=8
Oil and Gas applications and forms: http://deq.state.wy.us/aqd/oilgas.asp
Standards and Regulations: http://deq.state.wy.us/aqd/standards.asp
Coal Bed Methane applications and forms: http://deq.state.wy.us/aqd/coalbed.asp
Additional guidance, Pinedale and Jonah gas fields: http://deq.state.wy.us/aqd/sec21/JONAH%20INFILL%20GUIDANCE%20FINAL%207-28-04.pdf

Indian Reservation Lands:
EPA Region 8
999-18th St. Suite 300
Denver, CO 80202-2466
(303) 312-6312
General information: www.epa.gov/region8/air/index.html
Permitting: www.epa.gov/region8/air/permitting/permitting.html#2

Montana:
All except Indian Reservation Lands
Montana Department of Environmental Quality
Permitting and Compliance Division
Air and Waste Management Bureau
P.O. Box 200901
Helena, Montana 59620-0901
(406) 444-3490
Air Quality General Information: http://www.deq.state.mt.us/pcd/arm/index.asp
Permitting information: http://www.deq.state.mt.us/AirQuality/AQinfo.asp
Permit application forms: http://www.deq.state.mt.us/AirQuality/AQPermits.asp

Indian Reservation Lands:
EPA Region 8
999-18th St. Suite 300
Denver, CO 80202-2466
(303) 312-6312
General information: www.epa.gov/region8/air/index.html
Permitting: www.epa.gov/region8/air/permitting/permitting.html#2