BOARD MEETING DATE: June 4, 2010
AGENDA NO. 2A

PROPOSAL:

Amend Rule 1110.2 – Emissions from Gaseous- and Liquid-Fueled Engines 

SYNOPSIS:

The proposed amendment to Rule 1110.2 will add an exemption for internal combustion engines operated at one remote public safety communication facility in southwestern Riverside County on Santa Rosa Peak at over 7,400 foot altitude that does not have access to electric power or natural gas. The facility includes a communications tower and support equipment operated by Riverside County and used by fire, police and other public safety agencies. The site has limited access during winter. This exemption will allow the use of diesel generators at the site.

COMMITTEE:

Stationary Source, May 21, 2010

RECOMMENDED ACTIONS:

Set Public Hearing on July 9, 2010 for Proposed Amended Rule 1110.2 – Emissions from Gaseous- and Liquid-Fueled Engines.
 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The purpose of AQMD Rule 1110.2 – Emissions from Gaseous- and Liquid-Fueled Engines is to reduce emissions from internal combustion engines. Gas and liquid fuel fired engines are used to provide power or electricity for a wide variety of applications. Rule 1110.2 applies to gaseous- and liquid-fueled engines producing more than 50 brake-horsepower. Rule 1110.2 was adopted in August 1990 and last amended in February 2008 in order to lower emission limits and improve compliance through regular monitoring, recordkeeping and reporting.

Proposed Amended Rule (PAR) 1110.2 will add an exemption for one public safety communications site in the AQMD where electricity and natural gas are not available. The public safety communications site is located at high altitude with heavy snowpack in the winter. Propane fueled engines are not practical for generating electricity at the site because it is not accessible to large delivery trucks over extended periods of time in winter. The proposed amendment will allow the site to use diesel engines producing more than 50 brake-horsepower. However, the engines must still comply with the requirements of the California Air Toxic Control Measure for compression ignition engines.

This board letter serves as the staff report for this proposal.

Affected Facilities

Proposed Rule 1110.2 affects one facility on Santa Rosa Peak at over 7,400 foot altitude in southwestern Riverside County. The facility includes a communications tower and support equipment for use by government agencies. The communications center is used by fire, police and other public safety agencies and is necessary because of the varied terrain throughout Riverside County. The facility is being rebuilt with a new tower and support equipment for new communication systems. When the facility modifications are complete, the site will have new diesel electric generators for providing power to the communications systems.

Summary of Proposal

The proposed amendments will add the following text to the exemption in subparagraph (h)(8) of Rule 1110.2: “and engines operated by the County of Riverside for the purpose of public safety communication at Santa Rosa Peak in Riverside County, where the site is located at an elevation of higher than 7,400 feet above sea level and is without access to electric power and natural gas.

Emissions and Cost Effectiveness

The proposed amendment will result in maximum daily emission increases of 17 pounds of NOx, 1 pound VOC and less than 1 pound of PM and SOx compared with a Rule 1110.2 compliant engine. However, it will decrease emissions of CO up to 11 pounds per day relative to a rule compliant engine. As PAR 1110.2 will provide an exemption for one remote site, there is no additional cost and a cost effectiveness analysis was not prepared.

California Environmental Quality Act (CEQA) Analysis

Pursuant to California Environmental Quality Act (CEQA) Guidelines §§15252 and 15162, and AQMD Rule 110, the SCAQMD has prepared a Draft Subsequent Environmental Assessment (SEA) for Proposed Amended Rule (PAR) 1110.2 – Emissions from Gaseous- and Liquid-Fueled Engines. The Draft SEA was released for a 30-day public review and comment period beginning on May 18, 2010, and ending on June 16, 2010. Comments received during the public comment period will be addressed in the Final SEA. The CEQA document is available at AQMD Headquarters, by calling the AQMD Public Information Center at (909) 396-2039, or by accessing AQMD’s CEQA website at: www.aqmd.gov/ceqa.

Socioeconomic Analysis

The proposed amendments provide regulatory relief to a remote site in the mountains of Riverside County. As such, cost savings is expected. The proposed amendments would not result in other socioeconomic impacts.

Draft Findings under California Health and Safety (H&S) Code

California H&S Code §40727 requires that prior to adopting, amending or repealing a rule or regulation, the AQMD Governing Board shall make findings of necessity, authority, clarity, consistency, non-duplication, and reference based on relevant information presented at the public hearing and in the staff report.

Necessity

A need exists to amend Rule 1110.2 so that a remote public safety communications site will remain operational in case of an emergency.

Authority

The AQMD Governing Board has authority to amend existing Rule 1110.2 pursuant to California H&S Code §§ 39002, 40000, 40001, 40440, 40441, 40702, 40725 through 40728, and 41508.

Clarity

The proposed amended rule is written or displayed so that its meaning can be easily understood by the persons directly affected.

Consistency

The proposed amended rule is in harmony with and not in conflict with or contradictory to, existing statutes, court decisions or state or federal regulations.

Non-Duplication

The proposed amended rule will not impose the same requirements as any existing state or federal regulations. The amendments are necessary and proper to execute the powers and duties granted to, and imposed upon, AQMD.

Reference

By adopting the proposed amended rule, the AQMD Governing Board will be implementing, interpreting and making specific the provisions of the California H&S Code §§ 39002, 40001, 40440(a), 40702, and 40725 through 40728.5.

Comparative Analysis

A comparative analysis, as required by H&S Code §40727.2, is applicable when an amended rule or regulation imposes, or has the potential to impose, a new emissions limit, or other air pollution control requirements. The proposed amendment does not impose new requirements and a comparative analysis is not required.

Incremental Cost Effectiveness

California H&S Code § 40920.6 requires an incremental cost effectiveness analysis for BARCT rules or emission reduction strategies when there is more than one control option which would achieve the emission reduction objective of the proposed amendments, relative to ozone, CO, SOx, NOx, and their precursors. The proposed amendment does not include new BARCT requirements; therefore this provision does not apply to the proposed amendment.

Resource Impacts

Existing staff resources are adequate to implement the proposed amendments.

Attachments

Response to Comments

Proposed Amended Rule

Response to Comments 

The following includes responses to comments received at the PAR 1110.2 Public Workshop on April 27, 2010 and during the public comment period.

Comment: We did not receive notification regarding the Public Workshop.

Response: AQMD staff confirmed that the two individuals who stated that they had not received a notice were on the mailing list and that the mailing address was correct. In addition, several other individuals at the same two companies also received notices. The notices were mailed at the beginning of April, more than three weeks in advance of the Public Workshop on April 27, 2010. Over 4,000 notices were mailed to owner/operators and others who have expressed an interest in 1110.2 rulemaking and rule implementation.

Comment: Why isn’t this Rule 1110.2 amendment extending the compliance date for engines running on landfill or digester gas? A report to the Governing Board on the feasibility of the emission limits for landfill and digester gas engines is due by July 2010. These engines will not be able to achieve the emission limits by the compliance date of July 1, 2012. In addition, Rule 1110.2 states that the landfill and digester gas emission limits and compliance date in Rule 1110.2 only remain in place if they are feasible and that an assessment is presented to the Governing Board by July 2010.

Response: The purpose of this expeditious amendment is to help Riverside County complete their public safety communications project. The issues relating to the feasibility of controlling landfill and digester engines and any potential extension of the compliance date, should that be necessary, will be discussed in a separate technology assessment report to the AQMD Governing Board at the July 2010 meeting. If required, Rule 1110.2 would be amended in a separate rulemaking process to address the concerns raised about these engines.

Comment: The compliance date for landfill and digester gas engines should be extended beyond 2012. Currently, a number of tests have been initiated to determine if the emissions limit can be met. These tests will occur over the next two years. In addition, public agencies require substantial time in order to budget and purchase equipment.

Response: Staff is preparing a report to the Governing Board for the July 2010 meeting regarding the 2012 emission limit and compliance date for landfill and digester gas-fueled engines.

Comment: Stationary engine manufacturers are not the manufacturers of control equipment for these engines. The engine manufacturers do not plan to change their engines to address the emission limits for landfill and digester gas fuels. Manufacturers of control equipment require additional time to develop technologies to meet the emission limits for engines fired on landfill and digester gasses.

Response: Technologies to control emissions from landfill and digester gas-fueled engines are available. Staff is currently working with stakeholders on several demonstration projects to verify the feasibility of such controls. Staff’s findings to date will be summarized in its technology assessment report to the Governing Board at the July 2010 meeting.

Comment: Technologies exist to reduce the time a fuel fired generator is running. Solar technologies and batteries can reduce the fuel use and emissions of IC engine generators.

Response: Thank you for your comment and, as stated at the Public Workshop, we encourage the commenter to speak with the proponent of this remote emergency equipment on this technology.

Comment: The rule should be amended to allow less costly protocols for emission monitoring of engines.

Response: The rule currently allows alternative emission monitoring protocols subject to approval by the AQMD and U.S. EPA. Staff will consider alternative procedures for portable analyzers but they should be submitted with documentation showing equivalent results.

Comment: The AQMD should allow source tests to be used in place of the emissions monitoring protocol using portable analyzers.

Response: Staff will consider the proposal as part of future rulemaking.

Comment: The AQMD should add a complete exemption from the rule for internal combustion powered emergency generators for essential public services such as fire departments. The rule currently exempts this type of equipment only if it operates a maximum of 200 hours per year.

Response: The proposed exemption for PAR 1110.2 is not for emergency generators, it is for equipment at one location where the generators are the only source of power for a communications site. An operator of such equipment could seek a variance under such circumstances. However, AQMD staff will consider this issue regarding emergency generators for essential public services in future rulemaking.

ATTACHMENT (178k, DOC)