TDEC Air Permitting Procedural Update – RICE
Hunter Hill, P.E.
When the Federal Standards for reciprocating internal combustion engines (RICE) became active, TDEC began receiving thousands of permit applications from all over the state for small, otherwise insignificant sources. The flood of applications needlessly increased the workload of the permit engineers and TDEC staff, and businesses that never had an air permit previously now had to go through the steps of obtaining and maintaining a permit for an engine. The main issue was that the federal standards imposed specific requirements for such sources and a permit was necessary at the time to ensure the requirements were met. Since that time, TDEC has made some procedural changes that allow for a simpler approach to RICE compliance when the source would otherwise be considered an insignificant emissions unit by TAPCR 1200-03-09-.04(2)(a)3: “Insignificant activity” or “insignificant emissions unit” means any activity or emissions unit at a stationary source for which the emissions unit or activity has the potential to emit less than 5 tons per year of each air contaminant and each regulated air pollutant that is not a hazardous air pollutant, and less than 1,000 pounds per year of each hazardous air pollutant unless specifically excluded from designation as an insignificant activity or insignificant emissions unit elsewhere in this Division 1200-03 or Division 0400-30.
TDEC now adds general conditions in Section D of Title V permits to add the National Emission Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) requirements for RICE. Title V sources can add an emergency engine as an insignificant emissions unit by submitting an Insignificant Determination Request and an updated APC2 form that lists the emergency engine under insignificant activities. The Title V permit needs to have Condition D14 (below) for TDEC to be able to process the request. Otherwise, a minor modification will be required to have Condition D14 included in their permit. It is important to review the applicable requirements for operation, maintenance, and recordkeeping as required by 40 CFR 63 Subpart ZZZZ and either 40 CFR 60 Subpart IIII for compression ignition (diesel) RICE or 40 CFR 60 Subpart JJJJ for spark ignition RICE.
D14. Internal Combustion Engines.
(a) All stationary reciprocating internal combustion engines, including engines deemed insignificant activities and insignificant emission units, shall comply with the applicable provisions of TAPCR 0400-30-38-.01.
(b) All stationary compression ignition internal combustion engines, including engines deemed insignificant activities and insignificant emission units, shall comply with the applicable provisions of TAPCR 0400-30-39-.01.
(c) All stationary spark ignition internal combustion engines, including engines deemed insignificant activities and insignificant emission units, shall comply with the applicable provisions of TAPCR 0400-30-39-.02.
TAPCR 0400-30-38 and 39
Engines that are not deemed insignificant emissions units still need to be permitted through the traditional construction permit process.
If the facility does not have a Title V permit or Conditional Major Operating Permit, then Permit-by-Rule is an available option for RICE located at minor source facilities regulated by TDEC.The permit-by-rule option is a simplified process that requires the submittal of a Notice of Intent (NOI) to identify the engine. The Permit-by-Rule website linked here has several good resources including an applicability flow chart that explain how the regulations apply to spark ignition RICE vs. compression ignition RICE and existing RICE vs. new RICE. Compliance guidance for stationary emergency engines can be accessed here.