Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-400 - General regulations for air pollution sources
Section 173-400-035 - Nonroad engines
Current through Register Vol. 24-06, March 15, 2024
(1) Applicability. This section applies to any nonroad engines as defined in WAC 173-400-030, except for:
(2) Nonroad engines are not subject to:
(3) Fuel standards. All nonroad engines must use ultra low sulfur diesel or ultra low sulfur biodiesel (a sulfur content of 15 ppm or 0.0015% sulfur by weight or less), gasoline, natural gas, propane, liquefied petroleum gas (LPG), hydrogen, ethanol methanol, or liquefied/com-pressed natural gas (LNG/CNG). A facility that receives deliveries of only ultra low sulfur diesel or ultra low sulfur biodiesel is deemed to be compliant with this fuel standard
(4) > 500 and [LESS THAN EQUALS TO] 2000 BHP. This section applies to a project that requires the installation and operation of nonroad engines with a cumulative maximum rated brake horsepower greater than 500 BHP and less than or equal to 2000 BHP.
The owner or operator must notify the permitting authority of their intent to operate prior to beginning operation. The notice must contain the following information:
(5) > 2000 BHP. This section applies to a project that requires the installation and operation of nonroad ^ifcwith a cumulative maximum rated brake horsepower greater es than 2000 BHP.
(6) Integrated review. Applicants seeking approval to construct or modify a stationary source that requires review under WAC 173-400-110 or 173-400-560 and to operate one or more nonroad engines in conjunction with the new or modified stationary source may elect to integrate the reviews. The notification process for integrated review must comply with the new source review public involvement procedures for the stationary source as applicable (i.e., WAC 173-400-171 or 173-400-740 ).
(7) Enforcement. All persons who receive a non-road engine approval to operate must comply with all conditions contained in the approval.
(8) Permitting authority review period. Within fifteen days after receiving a complete notice of intent to operate, the permitting authority must either issue the approval to operate or notify the applicant that operation must not start until the permitting authority has set specific operating conditions. The permitting authority must promptly provide copies of the final decision to the applicant.
(9) Conditions to assure compliance with NAAQS. Subject to the limitations of subsection (2) of this section, the permitting authority may set specific conditions for operation as necessary to ensure that the nonroad engines do not cause or contribute to a violation of National Ambient Air Quality Standards.
(10) Appeals. Final decisions and orders of ecology or a permitting authority may be appealed to the pollution control hearings board as provided in chapters 43.21B RCW and 371-08 WAC.
(11) Change of conditions. The owner or operator may request, at any time, a change in conditions of an approval to operate. The permitting authority may approve the request provided that the permitting authority finds that the operation will comply with WAC 173-400-113(3) and (4).
Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-035, filed 3/1/11, effective 4/1/11. Statutory Authority: RCW 70.94.181, [70.94.]152, [70.94.]331,[70.94.]650 , [70.94.]745, [70.94.]892, [70.94.]011. 07-19-005 (Order 07-10), § 173-400-035, filed 9/6/07, effective 10/7/07. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141,[70.94.]152 , [70.94.]331, [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-035, filed 8/15/01, effective 9/15/01.