SB 299 AM H: "An Act relating to the treatment of well test flares, nonroad engines, and aggregated fuel burning equipment associated with nonroad engines under the state's air quality control program; defining 'stationary source' for purposes of the state's air quality program."
00SENATE BILL NO. 299 am H 01 "An Act relating to the treatment of well test flares, nonroad engines, and 02 aggregated fuel burning equipment associated with nonroad engines under the 03 state's air quality control program; defining 'stationary source' for purposes of the 04 state's air quality program." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 46.14 is amended by adding new sections to article 5 to read: 07 Sec. 46.14.570. Nonroad engines. Notwithstanding other provisions of this 08 chapter, 09 (1) nonroad engines and aggregated fuel burning equipment associated 10 with nonroad engines are mobile sources and are not considered to be facilities; 11 (2) an air quality control permit is not required under this chapter for 12 the operation of nonroad engines or aggregated fuel burning equipment associated with 13 nonroad engines; 14 (3) the emissions from and BTU per hour ratings of nonroad engines
01 and aggregated fuel burning equipment associated with nonroad engines may not be 02 considered by the department when determining the classification of a facility for 03 purposes of an air quality control permit under this chapter; 04 (4) the emissions from nonroad engines and aggregated fuel burning 05 equipment associated with nonroad engines may be included by the department as a 06 part of an ambient air quality analysis; and 07 (5) a regulation that regulates emissions from or establishes an emission 08 standard for nonroad engines or aggregated fuel burning equipment associated with 09 nonroad engines may not be adopted by the department without the findings required 10 under AS 46.14.010(c) made in accordance with AS 46.14.015. 11 Sec. 46.14.572. Well test flares. Notwithstanding other provisions of this 12 chapter, 13 (1) well test flares are not considered to be facilities; 14 (2) an air quality control permit is not required under this chapter for 15 the operation of well test flares; 16 (3) the emissions from and BTU per hour ratings of well test flares 17 may not be considered by the department when determining the classification of a 18 facility for purposes of an air quality control permit under this chapter; 19 (4) the emissions from well test flares may be included by the 20 department as a part of an ambient air quality analysis; and 21 (5) a regulation that regulates emissions from or establishes an emission 22 standard for well test flares may not be adopted by the department without the findings 23 required under AS 46.14.010(c) made in accordance with AS 46.14.015. 24 * Sec. 2. AS 46.14.990 is amended by adding new paragraphs to read: 25 (28) "nonroad engine" means an internal combustion engine, other than 26 an engine used to propel a motor vehicle or a vehicle used solely for competition or 27 an engine that is subject to federal standards adopted under 42 U.S.C. 7411 or 42 28 U.S.C. 7521, that 29 (A) is in or on a piece of equipment and that is self-propelled 30 or serves a dual purpose by both propelling itself and performing another 31 function;
01 (B) is in or on a piece of equipment and that is intended to be 02 propelled while performing its function; or 03 (C) by itself, or in or on a piece of equipment, is designed to 04 be and is capable of being carried or moved from one location to another, 05 except that an internal combustion engine described by this subparagraph is not 06 considered to be a nonroad engine if it, or a similar engine or engines replacing 07 that engine and intended to perform the same or similar function as the engine 08 replaced, remains or will remain, at a location for a total of more than 12 09 consecutive months at a nonseasonal source or for the full annual operating 10 period at a seasonal source; the exception in this subparagraph does not apply 11 to the engine after it is removed from the location; in this subparagraph, 12 (i) "location" means a single site at a building, structure, 13 facility, or installation; 14 (ii) "seasonal source" is a stationary source that remains 15 in a single location for at least two years and that operates at that 16 location for at least three months each year; 17 (29) "stationary source" means a source of air pollution other than 18 emissions resulting from an internal combustion engine for transportation purposes, 19 from a nonroad engine, or from a mobile source.