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Group Stipulated Order for Abatement for Stationary Diesel-Fueled ICE Facilities in Potential Violation of AQMD Rule 1470 for Diesel Particulate Matter (PM) and other Air Pollutants

District Rule 1470 (c)(2)(C)(iv)(I) requires that emissions of hydrocarbons, oxides of nitrogen, non-methane hydrocarbon + oxides of nitrogen, and carbon monoxide, "must meet the standards for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (Title 13, CCR, Section 2423).”  On and after January 1, 2011, for compression-ignition engines 175 hp or greater must meet Tier 4 requirements.

District Rule 1470(c)(3)(C)(i)(I) regulates requirements for stationary diesel fueled internal combustion and other compression ignition engines.  AQMD adopted Rule 1470 on April 2, 2004 to implement the Air Toxics Control Measure (ATCM), as well as making some requirements more stringent than the ATCM, such as when an engine is to be located on a school or is to be located within 100 meters of a school.  This rule was subsequently amended on March 4, 2005, November 3, 2006 and June 1, 2007 to implement various amendments that the California Air Resources Board (CARB) made to the ATCM.

On November 8, 2004, CARB adopted a new regulation, ATCM for Stationary Compression-Ignition Engines, to control emissions of diesel PM and other air pollutants from stationary compression-ignition engines, particularly diesel-fueled engines.  The regulation became effective on December 8, 2008, and is set forth in Section 93115, Title 17, California Code of Regulations (CCR).  The purpose of this regulation is to reduce the public’s exposure to diesel PM and other air pollutants by establishing Best Available Control Technology (BACT), which includes emission standards and operational requirements, for stationary compression ignition engines that operate or are sold for use in California.

Section 93115 supports the “Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles,” which was adopted by the CARB on September 30, 2000.  This regulation was subsequently amended on September 18, 2007 to clarify certain requirements of this regulation, which became effective on October 18, 2007. Under this regulation, emergency standby engines must meet after-treatment based Tier 4 interim emission standards.

CARB recently approved amendments to the ATCM for Stationary Compression-Ignition Engines on October 21, 2010.  The primary purpose of the amendments was to remove the Tier 4 emission limits for emergency standby engines and to limit diesel particulate matter emissions for all sizes of engines to 0.15 gram/bhp-hr.  These amendments must be reviewed and approved by the Secretary of State, Office of Administrative Law (OAL), before they become effective.  This OAL review process was completed and approved on May 19, 2011, and the amendments became effective immediately.

Due to the timing issues with the OAL approval process and immediate implementation of the ATCM amendments, CARB posted a Regulatory Advisory in November 2010.  (CARB’s November 2010 Amendments to Requirements for Stationary Compression-Ignition (Diesel) Engines) (PDF, 25KB) This Regulatory Advisory summarizes the amendments to the ATCM and states that during the transition period from January 1, 2011 to when the amended ATCM becomes effective, CARB will exercise its enforcement discretion and not enforce the more stringent Tier 4 interim standards for new emergency standby engines.  The ATCM prior to the May 19, 2011 amendments specifies that, beginning January 1, 2011, emergency standby engines 175 hp or greater must meet the more stringent Tier 4 interim engine emission requirements.

Consistent with  the current requirements of CARB ATCM, Rule 1470  requires that emergency standby engines 50 bhp or greater, and up to 75 bhp, must meet Tier 4 interim emission standards effective January 1, 2008; and engines 175 bhp or greater must meet the Tier 4 interim emission standards effective January 1, 2011.  In addition, engines 75 bhp or greater but less than 175 bhp must meet the Tier 4 interim emission standards effective January 1, 2012.

Under the current requirements of Rule 1470 and other Rules and Regulations, AQMD will only issue Permits to Construct to emergency standby engines that meet the Tier 4 interim emission standards.  However, AQMD intends to amend Rule 1470 to incorporate some of CARB's amendments to the ATCM.

The initial Proposed Amended Rule (PAR) 1470 will include a requirement to reduce PM emissions provided that engines meet emission levels generally applied to Tier 3 or Tier 2 (only for 750 bhp or greater engines) for other pollutants (i.e. NOx, HC, CO. etc.).  PAR 1470 is currently scheduled to be heard by AQMD’s Governing Board in June 2012. AQMD is petitioning the South Coast Air Quality Management District Hearing Board for a group stipulated order for abatement to allow additional time for Diesel-Fueled Internal Combustion Engine Facilities to operate an emergency standby engine that meets the Tier 3 or Tier 2 (only for 750 bhp or greater engines) emission standards until September 30, 2012, even though the Permit to Construct for the engine requires compliance with Tier 4 interim emission standards.    Further details of the group stipulated order of abatement are provided in the following documents:  Petition and Declaration Package (PDF, 110kb)

Facilities who are not compliant with the Tier 4 interim emission standards, as set forth in Rule 1470, by the applicable January 1, 2011 deadline are required to either stop operation until compliance is achieved, or submit for the above-mentioned stipulated order by completing the required documents.  The following list contains facilities that have asked to be a part of the group stipulated order for abatement and their current status.

List of Stationary Diesel-Fueled Internal Combustion Engine Facilities Requesting, Scheduled for, or Issued an Order for Abatement.           Rule 1470 Order of Abatement List (xls, 52kb)