1. (1) Applicability.

   1. (a) This section applies statewide except where a permitting authority has not adopted this section in rule.
   2. (b) This section applies to diesel-fueled compression ignition emergency engines with a cumulative BHP rating greater than 500 BHP and equal to or less than 2000 BHP.
   3. (c) This section is not applicable to emergency engines proposed to be installed as part of a new major stationary source, as defined in WAC 173-400-710 and 173-400-810, or major modification, as defined in WAC 173-400-710 and 173-400-810.
   4. (d) In lieu of filing a notice of construction application under WAC 173-400-110, the owner or operator may comply with the requirements of this section for emergency engines.
   5. (e) Compliance with this section satisfies the requirement for new source review of emergency engines under RCW 70A.15.2210 and chapter 173-460 WAC.
   6. (f) An applicant may choose to submit a notice of construction application in accordance with WAC 173-400-110 for a site specific review of criteria and toxic air pollutants in lieu of using this section's provisions.
   7. (g) If an applicant cannot meet the requirements of this section, then they must file a notice of construction application.

2. (2) Operating requirements for emergency engines. Emergency engines using this section must:

   1. (a) Meet EPA emission standards applicable to all new nonroad compression-ignition engines in 40 C.F.R. 89.112 Table 1 and 40 C.F.R. 1039.102 Tables 6 and 7 (in effect on the date in WAC 173-400-025), as applicable for the year that the emergency engine is put in operation.
   2. (b) Be fueled by ultra low sulfur diesel or ultra low sulfur biodiesel, with a sulfur content of 15 ppm or 0.0015% sulfur by weight or less.
   3. (c) Operate a maximum of 50 hours per year for maintenance and testing or other nonemergency use.

3. (3) Definitions.

   1. (a) Emergency engine means a new diesel-fueled stationary compression ignition engine. The engine must meet all the criteria specified below. The engine must be:

      1. (i) Installed for the primary purpose of providing electrical power or mechanical work during an emergency use and is not the source of primary power at the facility; and
      2. (ii) Operated to provide electrical power or mechanical work during an emergency use.

   2. (b) Emergency use means providing electrical power or mechanical work during any of the following events or conditions:

      1. (i) The failure or loss of all or part of normal power service to the facility beyond the control of the facility; or

      2. (ii) The failure or loss of all or part of a facility's internal power distribution system.

         Examples of emergency operation include the pumping of water or sewage and the powering of lights.

   3. (c) Maintenance and testing means operating an emergency engine to:

      1. (i) Evaluate the ability of the engine or its supported equipment to perform during an emergency; or
      2. (ii) Train personnel on emergency activities; or
      3. (iii) Test an engine that has experienced a breakdown, or failure, or undergone a preventative overhaul during maintenance; or
      4. (iv) Exercise the engine if such operation is recommended by the engine or generator manufacturer.

[Statutory Authority: Chapter 70A.15 RCW and RCW 70A.02.060. WSR 25-05-042 (Order 23-08), s 173-400-930, filed 2/12/25, effective 3/15/25. Statutory Authority: RCW 70.94.152, 70.94.331, 70.94.860. WSR 16-12-099 (Order 16-01), § 173-400-930, filed 5/31/16, effective 7/1/16. Statutory Authority: Chapter 70.94 RCW. WSR 12-24-027 (Order 11-10), § 173-400-930, filed 11/28/12, effective 12/29/12; WSR 11-06-060 (Order 09-01), § 173-400-930, filed 3/1/11, effective 4/1/11.]