1.4        Fuel Burning Equipment Permitting Process

1.4.1            Permitting Requirements for Emergency Generators

The following guidelines are for permitting of generators that will serve as emergency power supplies only. Generators that are to serve other purposes are subject to additional requirements.

After an Application for Fuel Burning Equipment has been approved by MDE/ARMA, but prior to operating the fuel burning equipment, the Environmental Compliance Section, upon notification by the Engineer, must submit an Application for Permit to Operate Fuel Burning Equipment (Form 28).

1.      MDE/ARMA requires that all stationary internal combustion engines with an output greater than or equal to 500 brake horsepower (373kilowatts) have a Permit to Construct prior to installation of the equipment. The MDE/ARMA permit application process for emergency generators is three-fold and outlined below. It should be noted that emergency generators which were installed prior to October 1, 2001 and permitted after-the-fact do not require a Certificate of Public Convenience and Necessity (CPCN) Exemption (discussed below).

Certain types of generators are exempted from the CPCN process and may obtain a waiver from the MD Public Service Commission (PSC), including, but not limited to the following:

·        Emergency generators which do not export any electricity to the distribution system and with a capacity equal to or less than 70 megawatts;

·        Power generation projects for which the generating station produces on-site generated electricity (as defined in PUC Article 1-101(s)), the capacity of the generating station does not exceed 70 megawatts, and less than 20 percent of the annual energy generated is exported or sold on the wholesale market; or

·        Power generation projects for which the capacity of the generating station does not exceed 25 megawatts and at least 10 percent of the electricity generated at the generating station each year is consumed on-site.

In order to receive an exemption from the CPCN process, a CPCN Exemption Application Form must be completed by following the steps listed below. A copy of the CPCN Exemption Application Form can be found on the Maryland Public Service Commission CPCN Exemptions web page. Specifically, the CPCN Exemption Application Form can be found in the dropdown menu entitled “Electric.”

a.      The Owner shall send a letter to the local electric company, Baltimore Gas and Electric (BGE), requesting relief from the CPCN requirements, pursuant to the Public Utility Companies ("PUC") Article of the Annotated Code of Maryland. The letter shall also provide BGE with the proposed dates for installation and start-up of the generators, the quantity and size of the units, the fuel type, the location of the units, and how the generators will be used (in this case emergency only). A one-line drawing of the generators and routing design shall be included with the letter as well. The Consultant shall be responsible for supplying the technical attachments to the letter.

b.      The electric company will determine if an Interconnection, Operation, and Maintenance Agreement (IOMA) is necessary. This is determined by the type of generator to be installed (Type I, II, III, or IV). Definitions of Type I, II, III, and IV generators are provided by the MD (PSC). For Type I generators (generators that will not be synchronized with the local electric company’s transmission and distribution system and will be configured so that there is no export of electricity to the transmission and distribution system - includes emergency back-up generators), the local distribution company will provide a letter indicating that an Interconnection, Maintenance, and Operation Agreement is not necessary. For Type II, III, and IV generators, an Interconnection, Maintenance, and Operation Agreement (“Agreement”) with the local electric company will be necessary, and must be filed with the PSC before the CPCN Exemption application will be approved. A Type III generator (synchronized with the electric system and will export electricity for sale on the wholesale electric market) will also require a wholesales agreement with the Independent System Operator. BWI Marshall and MTN airports do not have Type II, III, or IV generators; therefore, an Agreement is not required. The electric company will also determine if the generators' installation meets the criteria for a CPCN waiver. This approval by the electric company will allow the PSC to review and waive the CPCN requirements for the construction of generating units.

c.      The Owner shall submit a CPCN Exemption Application to the PSC as required under PUC Article 7-207.1. In order for the Consultant to complete the application, additional information is required, including the following: the address and point of contact information for the facility, the manufacturer of the generators, a list of the equipment and facilities that will be powered by the generators, and the letter of agreement from BGE regarding the CPCN waiver. The Point of Contact will be the Manager of the MDOT MAA Environmental Compliance Section. The original signed (by legal counsel, an officer, or other person who has the authority to legally bind the Owner) application package (consisting of the application form and BGE's concurrence letter), along with fourteen (14) copies of the signed package, will be submitted to the PSC by the MDOT MAA. The PSC waives filing fees for a unit of State government. The PSC will then issue a waiver, if appropriate, to exempt the proposed generators from the CPCN process.

d.      Once the MDOT MAA receives the waiver from the PSC, the Consultant shall prepare and the MDOT MAA shall submit an Air Quality Permit to Construct & Registration Application for Emergency Generators (Form 42), along with the waiver, to MDE/ARMA. To complete the permit application, Not-to-Exceed (NTE) emissions data is required and is obtained from the engine manufacturer submittal data. MDE/ARMA permitting fees are $500 per source and MDE/ARMA will notify the applicant of the appropriate fee upon receiving a complete application. Three (3) copies of the permit application, each signed and dated individually, must be submitted to MDE/ARMA.

2.      If pollution control equipment is to be installed on the unit, then an Application for Permit to Construct Gas Cleaning or Emission Control Equipment (Form 6) is required and must be submitted with the Form 42.

3.      All Form 42s require proof of Worker's Compensation for the Owner (not the Contractor) under Environmental article 1-202. The Consultant can obtain a copy of this proof from the MDOT MAA Employee Safety & Loss Prevention (410-859-7509).

4.      If the emergency generators are subject to non-attainment New Source Review (NSR) or Prevention of Significant Deterioration (PSD) requirements, as defined by 40 CFR Part 51 and 40 CFR Part 52, COMAR 26.11.02.09, COMAR 26.11.02.12, COMAR 26.11.06.14, and COMAR 26.11.02.17, additional permitting may be required simultaneously with the application for an MDE/ARMA Permit to Construct.

1.4.2            Permitting Requirements for Internal Combustion Engines (Electrical Power Generators, Power Equipment, and Fire Protection Pumps)

The following guidelines are for permitting of electrical power generators (off grid, base load, peak, load shaving, etc.), power equipment (hydraulic, mechanical, etc.), and fire protection pumps. Guidelines for emergency use only generators are discussed in Chapter 1.4.1 Permitting Requirements for Emergency Generators.

1.      MDE/ARMA requires that all stationary internal combustion engines with an output greater than or equal to 500 brake horsepower (373 kilowatts) have a Permit to Construct prior to installation of the equipment. The MDE/ARMA permit application process for electrical power generators is identical to the permit application process for emergency generators and is outlined below. It should be noted that power equipment (hydraulic, mechanical, etc.) and fire protection pumps do not require a CPCN Exemption from the Public Service Commission. Additionally, it should be noted that electrical power generators which were installed prior to October 1, 2001 and permitted after-the-fact do not require a CPCN Exemption (discussed below).

a.      The Owner shall send a letter to the local electric company, Baltimore Gas and Electric (BGE), requesting relief from the CPCN requirements, pursuant to the PUC Article of the Annotated Code of Maryland. The letter shall also provide BGE with the proposed dates for installation and start-up of the generators, the quantity and size of the units, the fuel type, the location of the units, and how the generators will be used. A one-line drawing of the generators and routing design shall be included with the letter as well. The Consultant shall be responsible for supplying the technical attachments to the letter. The electric company will respond with a letter stating what type of generators are to be installed using the definitions of generating systems under the Maryland PSC requirements (Type I, II, or III) and if the generators' installation meets the criteria for a CPCN waiver. This approval by the electric company will allow the PSC to review and waive the CPCN requirements for the construction of generating units.

b.      The Owner shall submit a CPCN waiver application to the PSC as required under PUC Article 7-207.1. In order for the Consultant to complete the application, additional information is required, including the following: the address and point of contact information for the facility, the manufacturer of the generators, a list of the equipment and facilities that will be powered by the generators, and the letter of agreement from BGE regarding the CPCN waiver. The Point of Contact will be the Manager of the MDOT MAA Environmental Compliance Section. The original signed (by legal counsel, an officer, or other person who has the authority to legally bind the Owner) application package (consisting of the application form and BGE's concurrence letter), along with fourteen (14) copies of the signed package, will be submitted to the PSC by the MDOT MAA. The PSC waives filing fees for a unit of State government. The PSC will then issue a waiver, if appropriate, to exempt the proposed generators from the CPCN process.

c.      Once the MDOT MAA receives the waiver from the PSC, the Consultant shall prepare and the MDOT MAA shall submit an Air Quality Permit to Construct & Registration Application for Internal Combustion Engines (Electrical Power Generators, Power Equipment, & Fire Protection Pumps) (Form 44), along with the waiver, to MDE/ARMA for the generators. Again, the waiver from the PSC is only required for electrical power generators (not for power equipment or fire protection pumps); power equipment and fire protection pumps only require an Air Quality Permit to Construct & Registration Application for Internal Combustion Engines. To complete the permit application, NTE emissions data is required and is obtained from the engine manufacturer submittal data. MDE/ARMA permitting fees are $500 per source and MDE/ARMA will notify the applicant of the appropriate fee upon receiving a complete application. Three (3) copies of the permit application, each signed and dated individually, must be submitted to MDE/ARMA.

2.      If pollution control equipment is to be installed on the unit, then an Application for Permit to Construct Gas Cleaning or Emission Control Equipment (Form 6) is required and must be submitted with the Air Quality Permit to Construct & Registration Application for Internal Combustion Engines (Electrical Power Generators, Power Equipment, & Fire Protection Pumps).

3.      All Form 44s require proof of Worker's Compensation for the Owner (not the Contractor) under Environmental article 1-202. The Consultant can obtain a copy of this proof from the MDOT MAA Employee Safety & Loss Prevention (410-859-7509).

4.      If the electrical power generators, power equipment, and/or fire protection pumps are subject to non-attainment NSR or PSD requirements, as defined by 40 CFR Part 51 and 40 CFR Part 52, COMAR 26.11.02.09, COMAR 26.11.02.12, COMAR 26.11.06.14, and COMAR 26.11.02.17, additional permitting may be required simultaneously with the application for an MDE/ARMA Permit to Construct.

1.4.3            Permitting Requirements for Boilers, Water Heaters, and Other Fuel Burning Equipment (including Snow Melters)

1.      MDE/ARMA requires that all fuel burning equipment using fuel oil or gaseous fuel, and with a maximum heat input of one (1) million BTU per hour (MMBtu/hr) or greater, have a Permit to Construct prior to installation. COMAR 26.11.01.01B(17)(a) defines "fuel burning equipment" as any boiler or furnace that has the primary function of heating air, water, or any other medium through indirect heat transfer from the burning of fuels.

a.      All fuel burning equipment with a maximum heat input of ten (10) MMBtu/hr or greater requires an Application for Fuel Burning Equipment (Form 11) unless the boiler/heater/snow melter meets the requirements for a General Permit (see below). Form 11 requires an estimate of the potential annual fuel consumption and operating schedules for the equipment. The Consultant shall coordinate with the MDOT MAA Office of Facilities Maintenance for this information. In addition, Form 11 also requires stack parameters, total stack emissions, construction start and end dates for the permitted equipment, and the type of control device(s) associated with the equipment. The permitting fee is $500 per piece of fuel burning equipment and will be invoiced once MDE/ARMA receives the permit application. Three (3) copies of the permit application, each signed and dated individually, must be submitted to MDE/ARMA.

b.      If pollution control equipment is to be installed on the unit, then an Application for Permit to Construct Gas Cleaning or Emission Control Equipment (Form 6) is required and must be submitted with the Application for Fuel Burning Equipment.

c.      Natural gas, liquid propane gas, or distillate oil-fired fuel burning equipment with a maximum heat input of one (1) MMBtu/hr or greater, but less than ten (10) MMBtu/hr may submit an Air Quality General Permit to Construct for Small Fuel Burning Equipment. This General Permit does not apply to fuel burning equipment that burns residual fuel oil (ASTM fuel oil Numbers 4, 5, and 6).

In order to obtain an Air Quality General Permit to Construct for Small Fuel Burning Equipment, the Consultant can either request a General Permit to Construct package from MDE/ARMA by calling (410) 537-3230, or the Consultant may simply download the package from the MDE website listed above. The package will include the Air Quality General Permit for Small Fuel Burning Equipment, the Request for Coverage Form, instructions on how to submit the completed Request for Coverage, and information regarding the required permit fee. The General Permit includes any construction and/or operating requirements, air emissions limitations, and other regulatory obligations. The required permitting fee is $500 per piece of small fuel burning equipment and must be submitted to MDE/ARMA with the application form. Once a request for coverage under the General Permit is made by submitting the Request for Coverage Form and permit fee, the MDOT MAA may install and operate the applicable small fuel burning equipment stated on the Request for Coverage Form. A new Request for Coverage must be filed with MDE/ARMA, and another permit fee paid for any small fuel burning equipment which is moved to another facility. Three (3) copies of the permit application package, each signed and dated individually, must be submitted to MDE/ARMA.

d.      Natural gas, liquid propane gas, or distillate oil-fired fuel burning equipment with a maximum heat input of ten (10) MMBtu/hr or greater, but less than thirty (30) MMBtu/hr may be eligible for an Air Quality General Permit to Construct for Medium Fuel Burning Equipment. This General Permit does not apply to fuel burning equipment that burns residual fuel oil (ASTM fuel oil Numbers 4, 5, and 6). Note that fuel burning equipment that falls under the Medium Fuel Burning Equipment General Permit is also subject to 40 CFR Part 60, the Federal, Subpart Dc New Source Performance Standards (NSPS) requirements (discussed below). Please note that BWI Marshall cannot use the Medium Fuel Burning Equipment General Permit since it is a major source of nitrogen oxide (NOx).

In order to obtain a General Permit to Construct for Medium Fuel Burning Equipment, the Consultant can either request a General Permit to Construct package from MDE/ARMA by calling (410) 537-3230, or the Consultant may simply download the package from the MDE website listed above. The package will include the Air Quality General Permit for Medium Fuel Burning Equipment, the Request for Coverage Form, instructions on how to submit the completed Request for Coverage Form, and information regarding the required permit fee. The General Permit includes any construction and/or operating requirements, air emissions limitations, and other regulatory obligations, including NSPS Subpart Dc requirements. The required permitting fee is $500 per piece of medium fuel burning equipment, and must be submitted to MDE/ARMA with the application form. Once a request for coverage under the General Permit is made, by submitting the Request for Coverage Form and permit fee, the MDOT MAA may install and operated at the applicable medium fuel burning equipment stated on the Request for coverage Form. A new Request for Coverage Form must be filed with MDE/ARMA, and another permit fee paid any time medium fuel burning equipment which is moved to another facility. Three (3) copies of the permit application package, each signed and dated individually, must be submitted to MDE/ARMA.

1.      All Permit to Construct Applications (Form 11 or General) require proof of Worker’s Compensation Coverage for the Owner (not the Contractor) under Environmental article 1-202. The Consultant can obtain a copy of this proof from the MDOT MAA Employee Safety & Loss Prevention (410-859-7509).

a.      If the boilers/heaters/snow melters are subject to non-attainment NSR or PSD requirements, as defined by 40 CFR Part 51 and 40 CFR Part 52, COMAR 26.11.02.09, COMAR 26.11.02.12, COMAR 26.11.06.14, and COMAR 26.11.02.17, additional permitting may be required simultaneously with the application for an MDE/ARMA Permit to Construct.

1.4.4            Design Guidelines for Emergency Generators, Internal Combustion Engines, and Fuel Burning Equipment (including Snow Melters)

1.      The Consultant shall be responsible for preparing all permit applications and submitting the appropriate documentation to the MDOT MAA for all required permits and exemptions as defined above. In addition, the Consultant shall specify equipment that meets all State and Federal air quality requirements.

a.      Specifications for all Fuel Burning Equipment requiring permits shall include:

i.       Notification that a permit to install the equipment is required;

ii.      Designation of the "Owner” or “Owner's Agent" as the party responsible for completing the permit application;

iii.     A projection of the permitting process duration after receipt of the required equipment data; and for generators, the CPCN exemption process, including utility approval, can take up to two (2) months and the permitting process can take up to ninety (90) days after a waiver is received and a complete application is received by MDE/ARMA.

·        For boilers/heaters/snow melters with a maximum heat input of ten (10) MMBtu/hr or greater that burn natural gas only and are not subject to the public review process, the permitting process can take up to ninety (90) days after a complete application is received by MDE/ARMA; however, for fuel oil fired boilers with a maximum heat input of ten (10) MMBtu/hr or greater, the permitting process can take up to six (6) months after a complete application is received by MDE/ARMA.

iv.     The specific equipment data required for the permit application listed in the "Submittals" paragraph.

b.      The Consultant shall specify equipment that meets the Federal requirements for units that are subject to 40 CFR Part 60 (NSPS), Subpart IIII - Standards of Performance for Stationary Compression Ignition (CI) Internal Combustion Engines (ICE) and the Consultant is responsible for providing the Owner with the EPA Certificate of Conformity identifying the engine as a certified unit:

Subpart IIII Applicability

i.       Stationary CI ICE that commence construction after July 11, 2005 where the stationary CI ICE are:

·        Manufactured after April 1, 2006 and are not fire pump engines, or

·        Manufactured as a certified National Fire Protection Association (NFPA) fire pump engine after July 1, 2006.

ii.      Stationary CI ICE that are modified or reconstructed after July 11, 2005.

Subpart IIII Requirements

i.       Emission standards (60.4204 and 60.4205) for owners and operators of stationary CI ICE vary based on model year (“pre-2007” vs. “2007 and later”) and function (“non-emergency stationary CI ICE” vs. “emergency stationary CI ICE”);

ii.      Fuel requirements (60.4207), specifically diesel fuel requirements for owners and operators of stationary CI ICE, must meet the requirements of 40 CFR Part 80.510(a): sulfur content of 500 parts per million (ppm). Beginning October 1, 2010, owners and operators of stationary CI ICE subject to NSPS Subpart IIII, with a displacement of 30 liters per cylinder that use diesel fuel must use diesel fuel that meets the requirements of 40 CFR Part 80.510(b) for nonroad diesel fuel: sulfur content of 15 ppm.

iii.     Monitoring requirements (60.4209) for owners and operator of stationary CI ICE include installing a nonresettable hour meter prior to start-up of the engine. Also, if the engine is equipped with a diesel particulate filter, the filter must be installed with a backpressure monitor that notifies the owner or operator when the high back pressure limit of the engine is approached.

iv.     Compliance requirements (60.4211) for owners and operators of stationary CI ICE vary based on model year (“pre-2007” vs. “2007 and later”) and function (“non-emergency stationary CI ICE” vs. “emergency stationary CI ICE”).

v.      Test methods (60.4212 and 60.4213) for owners and operators of stationary CI ICE vary based on the displacement of the engine (“less than 30 liters per cylinder” vs. “greater than 30 liters per cylinder”).

vi.     Notification, recordkeeping, and reporting requirements (60.4241) for owners and operators of stationary CI ICE vary based on model year, function, and displacement (per cylinder) of the engine.

c.      The Consultant shall specify equipment that meets the Federal requirements for units that are subject to 40 CFR Part 60 (NSPS), Subpart JJJJ - Standards of Performance for Stationary Spark Ignition (SI) Internal Combustion Engines (ICE):

Subpart JJJJ Applicability

i.       Stationary SI ICE that commence construction after June 12, 2006 where the stationary SI ICE are manufactured on or after:

·        July 1, 2007, for engines with a maximum engine power greater than or equal to 500 horsepower (except lean burn engines with a maximum engine power greater than or equal to 500 horsepower and less than 1,350 horsepower);

·        January 1, 2008, for lean burn engines with a maximum engine power greater than or equal to 500 horsepower and less than 1,350 horsepower;

·        July 1, 2008, for engines with a maximum engine power less than 500 horsepower; or

·        January 1, 2009, for emergency engines with a maximum engine power greater than 19 kilowatts (25 horsepower).

ii.      Stationary SI ICE that commence modification or reconstruction after June 12, 2006.

Subpart JJJJ Requirements

i.       Emission standards (60.4233) for owners and operators of stationary SI ICE vary based on maximum engine power, date of manufacture, type of fuel combusted, burn type (e.g., lean vs. rich burn engine), and function (“non-emergency stationary SI ICE” vs. “emergency stationary SI ICE”).

ii.      Fuel requirements (60.4235) for owners and operators of stationary SI ICE that use gasoline must meet the requirements of 40 CFR Part 80.195.

iii.     Monitoring requirements (60.4237) for owners and operators of stationary SI ICE vary based on the horsepower of the engine and the date which it was built. In general, monitoring requirements include installing a non-resettable hour meter.

iv.     Compliance requirements (60.4243) for owners and operators of stationary SI ICE vary based on maximum engine power, date of manufacture, type of fuel combusted, whether or not the stationary SI ICE is certified, and function (“non-emergency stationary SI ICE” vs. “emergency stationary SI ICE”).

v.      Owners and operators of stationary SI ICE who conduct performance tests must follow the test methods and procedures outline in 60.4244.

vi.     Notification, recordkeeping, and reporting requirements (60.4245) for owners and operators of stationary SI ICE vary based on maximum engine power, date of manufacture, and function (“non-emergency stationary SI ICE” vs. “emergency stationary SI ICE”).

Whenever possible, the Consultant shall specify the requirement to install a certified engine under Subpart JJJJ. However, under this rule, manufacturers are not required to certify the majority of engines and therefore, certified engines are not readily available on the market. If a Subpart JJJJ engine is installed and not certified, initial compliance testing will be required for the engine within 180 days of startup. In addition, if the engine is greater than 500 hp, testing every 3 years after the initial compliance testing is also required.

d.      The Consultant shall specify equipment that meets the following emission control requirements:

i.       These units shall be fired with natural gas, and when necessary with No. 2 fuel oil as a back-up fuel, and designed to be high efficiency units. They shall be equipped with a low NOx burner system for guaranteed NOx performance when using natural gas at no greater than 30 ppm, dry volume basis and corrected to 3% excess oxygen (O2).

ii.      Burner, boiler/water heater, and low NOx system shall be manufactured as a package by a single manufacturer. The unit's nameplate shall include the approved Underwriter's Laboratory (UL) low NOx model designation. The manufacturer shall provide the Contractor with a copy of the most recent stack testing results to demonstrate compliance with the 30 ppm NOx guarantee. After boiler installation is completed, the Contractor shall provide the services of a manufacturer's field representative for commissioning the unit and training the operator(s). A manufacturer's – approved and authorized commissioning report shall be submitted to the Engineer at the time of start-up.

iii.     The Consultant shall specify equipment that meets the Federal requirements for 40 CFR Part 60 (NSPS) Subpart Dc – Small Industrial-Commercial-Institutional Steam Generating Units for all fuel burning equipment with a maximum design heat input greater than or equal to ten (10) MMBtu/hr, but less than or equal to one hundred (100) MMBtu/hr and constructed, modified, or reconstructed after June 9, 1989. In addition, the Consultant is responsible for ensuring that these units also meet the more stringent State of Maryland requirements under COMAR 26.11.09.05A, COMAR 26.11.09.06A, and COMAR 26.11.09.07A