RAPID/Roadmap/15 (1)

From Open Energy Information

< RAPID‎ | Roadmap

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

Bulk Transmission Air Quality Assessment Overview (15)

Information current as of 2020
The United States Environmental Protection Agency (EPA) oversees the administration of the Clean Air Act (CAA) under a system of cooperative federalism. EPA has delegated at least some CAA authority to all 50 states, as well as some territories and tribes. Many states also share or delegate their CAA authority to local governments. Jurisdictions that have delegated power under the CAA have primary implementation and enforcement responsibility under the Act, including the responsibility to issue most CAA permits.


The CAA contains ambient air quality standards for a variety of pollutants, including carbon monoxide, nitrogen oxides, ozone, particulate matter, and sulfur dioxide, and lead. These ambient standards are set by the EPA at a level requisite to protect public health and welfare. The CAA also contains air pollution limitations for both stationary sources and mobile sources, including requirements that developers employ technological or operational measures to restrict air pollution.


Before initiating any project, a developer should assess whether any equipment or activities the developer plans to utilize or engage in may contribute to air pollution. A developer of a bulk transmission project may consider the following common sources of air pollution during construction activities:

  • Emissions from vehicles;
  • Emissions from heavy construction equipment;
  • Emissions from diesel generators, often considered “nonroad engines” under the CAA, depending on their use;
  • Fugitive dust emissions from many sources, including truck traffic, mixing concrete, and disturbing and moving soils through land clearing, grading, excavating, trenching, drilling, or pile driving;
  • Volatile organic compound (VOC) emissions from the storage and handling of fuels; and
  • Carbon monoxide, nitrogen oxides, and particulate matter emissions from blasting activities.


If a developer finds that any process or equipment the developer plans to use causes air pollution, the developer should consult the relevant authority’s air quality regulations to ensure compliance with the CAA. Bulk transmission construction activities may require pre-construction notifications, the submission of fugitive dust control plans, the implementation of fugitive dust and visible emission control measures, air quality permits for the use of certain equipment, such as nonroad engines, among other types of authorizations.



Air Quality Assessment Overview Process


15.1 – Are There Potential Impacts to Air Quality?

The developer should consider the projects impacts on air quality. If there are potential impacts to air quality, then the developer may need a state approval.

15.2 – Consult State Air Quality Permitting Authority

If the proposed project will impact air quality, then the developer must consult the applicable state air quality permitting authority to determine the appropriate approvals required for development. The state air quality approval process must comply with the Clean Air Act.

Alabama

In Alabama, bulk transmission project construction activities and equipment typically do not require an Air Permit from the Alabama Department of Environmental Management, Air Pollution Control Program. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Permit pursuant to Ala. Admin. Code r. 335-3-14-.01. Ala. Admin. Code r. 335-3-1-.02(p).


A developer must comply with fugitive dust rules contained in Ala. Admin. Code r. 335-3-4-.02, which require a developer to take reasonable precautions to prevent particulate matter from becoming airborne. Ala. Admin. Code r. 335-3-4-.02(1). Fugitive dust regulations also require a developer to prevent the discharge of fugitive dust emissions beyond the property line from which the emissions originate. Ala. Admin. Code r. 335-3-4-.02(2).


Note: If a developer’s project extends into Jefferson County or the City of Huntsville, the developer should consult the Jefferson County Department of Health (JCDH) or the City of Huntsville Department of Natural Resources & Environmental Management (HDNREM), respectively. JCDH and HDNREM each have their own permitting programs, and the developer must apply for applicable permits with those programs. U.S. Environmental Protection Agency – Clean Air Act Permitting in Alabama.

Alaska

In Alaska, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Alaska Department of Environmental Conservation, Division of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to Alaska Admin. Code tit. 18 §§ 50.302(a); 502(a)–(f). Alaska Department of Environmental Conservation – Memorandum, Interpretation of the term “non-road engine” with respect to pre-construction permitting requirements in AS 46.14 and 18 AAC 50.


A developer must comply with fugitive dust rules contained in Alaska Admin. Code tit. 18 § 50.045(d). The Alaska fugitive dust rules require a developer to take reasonable precautions to prevent particulate matter from being emitted into the ambient air. Alaska Admin. Code tit. 18 § 50.045(d).

Arizona

In Arizona, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Arizona Department of Environmental Quality, Air Quality Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to Ariz. Admin. Code § 18-2-302(A). Other construction equipment (e.g., brazing, soldering, and welding equipment that does not emit hazardous air pollutant metals) for bulk transmission projects is often categorized as a “trivial activity” and is therefore exempt from obtaining an Air Quality Permit. Ariz. Admin. Code § 18-2-101.


While mobile sources, such as nonroad engines, do not require an Air Quality Permit, a developer must comply with Arizona’s mobile source rules contained in Ariz. Admin. Code §§ 18-2-801–805, which require a developer prevent mobile sources from emitting smoke or dust in excess of 40% opacity. Ariz. Admin. Code § 18-2-801(B). Arizona’s mobile source rules also contain equipment-specific limitations in Ariz. Admin. Code §§ 18-2-802–805. A developer must comply with Arizona’s rules for motor vehicles contained in Ariz. Admin. Code §§ 18-2-1001–1030.


A developer must also comply with fugitive dust rules contained in Ariz. Admin. Code §§ 18-2-601–610, which require a developer to take reasonable precautions to limit excessive amounts of particulate matter from becoming airborne and to keep dust and other air contaminants to a minimum through the use of good modern practices. Ariz. Admin. Code §§ 18-2-604(A)–(B); 18-2-606; 18-2-607.


Note: If a developer’s project extends into Maricopa County, Pima County, or Pinal County, the developer should consult the Maricopa County Air Quality Department (MCAQD), the Pima County Department of Environmental Quality (PCDEQ), or the Pinal County Air Quality Control District (PCAQCD), respectively. MCAQD, PCDEQ, and PCAQCD each have their own permitting programs, and the developer must apply for applicable permits with those programs. U.S. Environmental Protection Agency – Clean Air Act Permitting in Arizona.

Arkansas

In Arkansas, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Arkansas Department of Energy and Environment, Division of Environmental Quality, Office of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to 14 Ark. Code R. § 18.301.


A developer must comply with fugitive dust rules contained in 14 Ark. Code R. § 18.901 which require a developer to apply all reasonable measures to prevent unnecessary amounts of particulate matter from becoming airborne. 14 Ark. Code R. § 18.901.

California

In California, bulk transmission project construction activities and equipment (e.g., certain diesel generators, construction equipment, fugitive dust emissions) may require an Air Quality Permit from one or more of California’s 35 Air Quality Management Districts and Air Pollution Control Districts (Air Districts), which the California Air Resources Board (CARB) oversees.


If a developer plans to own or operate a portable engine of 50 horsepower (hp) or greater, the developer may need a permit or registration to legally operate it in California. California’s local Air Districts have the authority to determine which portable engines require permits. Therefore, the developer should check with the appropriate Air Districts regarding the specific permitting requirements for the project equipment. California Air Resources Board – Guide to Off-Road Vehicle & Equipment Regulations. A developer may choose to participate in CARB’s voluntary state-wide Portable Equipment Registration Program (PERP) to operate certain portable equipment throughout the state in lieu of obtaining permits from any of California’s 35 individual Air Districts. Cal. Code Regs. tit. 13-3 § 2451. Internal combustion engines (diesel compression ignition and spark ignition) that power generators that qualify as nonroad engines may register through PERP if eligibility requirements are met. Cal. Code Regs. tit. 13-3 § 2456.


A developer using certain heavy-duty diesel construction equipment must comply with California’s Regulation for In-Use Off-Road Diesel-Fueled Fleets (Off-Road Diesel Regulation) by registering vehicles subject to the rule in the California Air Resources Board – Diesel Off-Road Online Reporting System (DOORS). A developer must also comply with each applicable Air District’s fugitive dust rules. For more information, see:

Air Quality Permit for Construction Activities:
15-CA-a(1)


Colorado

In Colorado, bulk transmission project construction activities and equipment (e.g., certain diesel generators, construction equipment, fugitive dust emissions) may require the submission an Air Pollutant Emission Notice (APEN), the receipt of a General Permit or Construction Permit for Land Development, and compliance with fugitive dust rules.


A developer must submit an Air Pollutant Emission Notice (APEN) for Land Development to the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division if the project disturbs or covers 25 or more contiguous acres of land or continues for 6 or more months. Colorado Department of Public Health and Environment – An Overview of Colorado Air Regulations for Land Development. For such projects, a developer typically must obtain either coverage under the Land Development General Permit or Construction Permit for Land Development. Colorado Department of Public Health and Environment – An Overview of Colorado Air Regulations for Land Development.


A developer engaging in construction activities must also comply with Colorado’s fugitive dust rules contained in 5 Colo. Code Regs. § 1001-3(III)(D). For more information see:

Air Quality Permit for Construction Activities:
15-CO-a(1)


Connecticut

In Connecticut, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the Connecticut Department of Energy and Environmental Protection, Bureau of Air Management. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 is exempt from obtaining an Air Quality Construction Permit pursuant to Conn. Agencies Regs. §§ 22a-174-3a(a)(2)(C)(i)–(ii).


A developer must comply with fugitive dust rules contained in Conn. Agencies Regs. § 22a-174-18(c), which require a developer to take reasonable precautions to prevent particulate matter from becoming airborne, prevent visible particulate matter from travelling beyond the property line, and prevent particulate matter from being emitted in such a manner as to cause a nuisance. Conn. Agencies Regs. §§ 22a-174-18(c)(1)–(3). A developer must also comply with Connecticut’s visible emission standards for mobile sources contained within Conn. Agencies Regs. § 22a-174-18(b)(3).


Delaware

In Delaware, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Delaware Department of Natural Resources and Environmental Control, Division of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to 7-1100 Del. Admin. Code § 1102(2.1). Delaware exempts construction equipment from the requirement to submit Air Contaminant Equipment Registration or to obtain an Air Quality Permit, as long as it is not located at a synthetic minor or Title V source. 7-1100 Del. Admin. Code §§ 1102(2.0)(2.2.3); Appendix A(16.0).


A developer must comply with fugitive dust rules contained in 7-1100 Del. Admin. Code § 1106, which require a developer to prevent visible particulate emissions from materials being transported by a motor vehicle, prevent sand or other abrasive material from traveling beyond the property line of the operation, and prevent any stockpiling or storage of material from causing a condition of air pollution. 7-1100 Del. Admin. Code § 1106(4.0)–(6.0). A developer must also prevent mobile sources from emitting visible air contaminants or smoke in excess of 20% opacity. 7-1100 Del. Admin. Code § 1114(2.0).


Georgia

In Georgia, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Georgia Department of Natural Resources, Environmental Protection Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to Ga. Comp. R. & Regs. 391-3-1.03(6)(a). Other equipment used at a construction site (e.g., certain storage tanks and portable blast-cleaning equipment) may also qualify for an exemption from air quality permitting under Ga. Comp. R. & Regs. 391-3-1.03(6).


A developer must comply with fugitive dust rules contained in Ga. Comp. R. & Regs 391-3-1-.02(2)(n), which require a developer to take all reasonable precautions to prevent fugitive dust from becoming airborne. Ga. Comp. R. & Regs 391-3-1-.02(2)(n).


Florida

In Florida, bulk transmission project construction activities and equipment typically do not require an Air Construction Permit from the Florida Department of Environmental Protection, Division of Air Resource Management. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Construction Permit pursuant to Fla. Admin. Code Ann. r. 62-4.030; 62-210.300(1)(a).


Note: If a developer’s project extends into Broward County, the developer should consult Broward County's Air Quality Program. If a developer’s project extends into Duval County or the City of Jacksonville, the developer should consult the City of Jacksonville and Duval County’s Air Quality Branch. If a developer’s project extends into Hillsborough County, the developer should consult the Air Division of the Hillsborough County Environmental Protection Commission. If a developer’s project extends into Miami-Dade County, the developer should consult the Air Quality Management program of Miami-Dade County’s Department of Regulatory and Economic Resources, Division of Environmental Resources Management. If a developer’s project extends into Orange County, the developer should consult the Air Quality Management section of the Orange County Environmental Protection Division. If a developer’s project extends into Palm Beach County, the developer should consult the Air and Waste Program of the Florida Department of Health in Palm Beach County, Division of Environmental Public Health. If a developer’s project extends into Pinellas County, the developer should consult the Air Quality Division of Pinellas County. If a developer’s project extends into Sarasota County, the developer should consult the Air & Water Quality program of Sarasota County’s Environmental Protection Division. Each of these agencies has their own permitting programs, and the developer must apply for applicable permits with those programs. Florida Department of Environmental Protection – Local Program Air Contacts.


Hawaii

In Hawaii, bulk transmission project construction activities and equipment typically do not need an Air Pollution Control Permit from the Hawaii Department of Health, Clean Air Branch (CAB). The temporary use of a portable diesel generator, at construction activities, that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 typically does not require an Air Pollution Control Permit pursuant to Haw. Code R. 11-60.1-1; 11-60.1-62; 11-60.1-82. Other types of construction equipment (e.g., hand-held equipment used for cutting metals or wood and internal combustion engines propelling mobile sources) are often exempt from the requirement to obtain an Air Pollution Control Permit. Haw. Code R. 11-60.1-62(d)(14); (d)(21).


A developer must comply with fugitive dust rules contained within Haw. Admin. R. 11-60.1-33 by implementing, on a case-by-case basis, appropriate precautions to prevent visible fugitive dust from construction activities from becoming airborne. Haw. Admin. R. 11-60.1-33. CAB provides example measures for various circumstances, but a developer’s use of those measures is not considered automatic compliance with the rules. Hawaii Department of Health – Fugitive Dust Fact Sheet.


Idaho

In Idaho, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit to Construct from the Idaho Department of Environmental Quality, Air Quality Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit to Construct pursuant to Idaho Admin. Code r. 58.01.01.201.


A developer must comply with fugitive dust rules contained in Idaho Admin. Code r. 58.01.01.650–651, which require a developer to take all reasonable precautions to prevent particulate matter from becoming airborne. Idaho Admin. Code r. 651.


Illinois

In Illinois, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from Illinois Environmental Protection Agency, Bureau of Air. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 is exempt from obtaining an Air Quality Construction Permit pursuant to Ill. Admin. Code tit. 35 § 201.142. Ill. Admin. Code tit. 35 § 201.146(tt). Illinois exempts activities associated with earthworks, excavations, and the construction of structures that do not constitute emission units at a stationary source of pollution from obtaining Air Quality Construction Permits. Ill. Admin. Code tit. 35 § 201.146(tt).


A developer must comply with fugitive dust rules contained in Ill. Admin. Code tit. 35 § 212.301, which require a developer to prevent the emission of fugitive particulate matter that is visible by an observer beyond the property line of the source. Ill. Admin. Code tit. 35 § 212.301. Illinois has additional source-specific and area-specific fugitive dust rules in Ill. Admin. Code tit. 35 §§ 212.301–316.


Note: If a developer’s project extends into the City of Chicago, the developer should consult the Chicago Department of Public Health, which has its own permitting program. The developer must apply for applicable permits with that programs. Chicago Department of Public Health – Air Pollution Control Permit.


Indiana

In Indiana, bulk transmission project construction activities and equipment typically do not need an Air Quality Permit from the Indiana Department of Environmental Management, Office of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an air quality permit pursuant to 326 Ind. Admin. Code 2-1–2-14. 326 Ind. Admin. Code 1-2-73. Other construction equipment (e.g., gasoline storage tanks, welding equipment) for bulk transmission projects is often exempt from obtaining an air quality permit. 326 Ind. Admin. Code 2-1.1-3.


A developer engaged in construction activities must comply with Indiana’s fugitive dust emission limitations contained in 326 Ind. Admin. Code 6-4-1–7. A developer must take every reasonable precaution to minimize fugitive dust emissions. 326 Ind. Admin. Code 6-4-6(3). A developer must also comply with the vehicle-related fugitive dust restrictions in 326 Ind. Admin. Code 6-4-4, which prohibit a developer from driving or moving vehicles on any public street, road, alley, highway, or other thoroughfare, unless the vehicle is constructed in a manner to prevent its contents from dripping, sifting, leaking, or otherwise escaping and creating conditions which result in fugitive dust. 326 Ind. Admin. Code 6-4-4.


Iowa

In Iowa, bulk transmission project construction activities and equipment typically do not need an Air Quality Construction Permit from the Iowa Department of Natural Resources, Air Quality Bureau. The use of a mobile internal combustion engine (e.g., a mobile diesel generator) is exempt from obtaining an Air Quality Construction Permit under Iowa Admin. Code r. 567-22.1(2)(c). Portable or stationary internal combustion engines are exempt from obtaining an Air Quality Construction Permit if they are less than 400 horsepower. Iowa Admin. Code r. 567-22.1(2)(r).


A developer must comply with fugitive dust rules related to construction activities contained in Iowa Admin. Code r. 567-23.3(2).


Note: If a developer’s project extends into Polk County or Linn County, the developer should consult Polk County Public Works (PCPW) and Linn County Public Health (LCPH), respectively. PCPW and LCPH have their own permitting programs, and the developer must apply for applicable permits with those programs. U.S. Environmental Protection Agency – Clean Air Act Permitting in Iowa.


Kansas

In Kansas, bulk transmission project construction activities and equipment typically do not require a Construction Permit from the Kansas Department of Health and Environment (KDHE), Bureau of Air. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require a Construction Permit pursuant to Kan. Admin. Regs. § 28-19-300(a).


A developer must comply with KDHE’s vehicle idling rules contained in Kan. Admin. Regs. § 28-19-712a–d.


Note: If a developer’s project extends into Wyandotte County, the developer should consult the Health Department of the Unified Government of Wyandotte County and Kansas City, Kansas, which has its own permitting program, and the developer must apply for applicable permits with that program. U.S. Environmental Protection Agency – Clean Air Act Permitting in Kansas.


Kentucky

In Kentucky, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Kentucky Department of Environmental Protection, Division for Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to 401c Ky. Admin. Regs. 52:030; 52:040 nor does it require source registration under 401c Ky. Admin. Regs. 52:070.


A developer engaged in construction activities must comply with fugitive dust rules contained in 401 KY. Admin. Regs. 63:010(4), which require a developer to cover open bodied trucks transporting materials likely to become airborne at all times while in motion and operating outside company property. 401 KY. Admin. Regs. 63:010(4)(1). A developer must also prevent earth or other material that is being transported by a truck or earth-moving equipment from being deposited onto a paved street or roadway. 401 KY. Admin. Regs. 63:010(4)(3).


Note: If a developer’s project extends into Jefferson County, Kentucky, the developer should consult the Louisville Metro Air Pollution Control District (LMAPCD). LMAPCD has its own permitting program, and the developer must apply for any applicable permits with that program. U.S. Environmental Protection Agency – Clean Air Act Permitting in Kentucky.


Louisiana

In Louisiana, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Louisiana Department of Environmental Quality, Air Permits Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under La. Admin. Code tit. 33-III, § 502(A) is exempt from obtaining an Air Permit pursuant to La. Admin. Code tit. 33-III, § 501(B)(e). Mobile sources, such as trucks, used for bulk transmission projects are also exempt from obtaining an Air Permit. La. Admin. Code tit. 33-III, § 501(B)(c).


A developer must comply with fugitive dust rules contained in La. Admin. Code tit. 33-III, § 1305(A), which require a developer to take all reasonable precautions to prevent particulate matter from becoming airborne. La. Admin. Code tit. 33-III, § 1305(A).


Maine

In Maine, bulk transmission project construction activities and equipment typically do not require an Air Emission License or Registration from the Maine Department of Environmental Protection, Bureau of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Emission License pursuant to 06-096 Me. Code R. § 115-1(B) and does not require registration under 06-096 Me. Code R. § 148-1–8.


A developer must comply with fugitive dust rules contained in 06-096 Me. Code R. § 101, which require a developer to prevent visible emissions from a fugitive emission source from exceeding 20% opacity. 06-096 Me. Code R. § 101(3)(C).


Maryland

In Maryland, a bulk transmission developer should contact the Maryland Department of the Environment (MDE), Air and Radiation Administration to determine if project construction activities and equipment used for project construction (e.g., portable and temporary diesel generators) require a Permit to Construct. MD. Code Ann. Envir. § 26-11-02-09(A). A portable and temporary diesel generator that qualifies as a “nonroad engine” pursuant to 40 C.F.R. § 89.2 does not require a Permit to Construct, and other construction equipment (e.g., portable soldering or welding equipment) for bulk transmission projects is often exempt; however, the developer should confirm with MDE. MD. Code Ann. Envir. §§ 26-11-02-09(A); 26-11-02-10.


A developer engaged in construction activities must comply with Maryland’s fugitive dust rules contained within MD. Code Ann. Envir. § 26-11-06-03(D) by taking reasonable precautions to prevent particulate matter from becoming airborne. MD. Code Ann. Envir. § 26-11-06-03(D).


Massachusetts

In Massachusetts, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the Massachusetts Department of Environmental Protection (DEP). The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to 310 Mass. Code Regs. 7.02(1)(b). A developer is also not required to register nonroad engines under DEP’s Source Registration rules contained in 310 Mass. Code Regs. 7.12(1)–(4) if the nonroad engine is not being utilized at a stationary source facility. 310 Mass. Code Regs. 7.12(1)(a).


A developer must comply with fugitive dust rules contained in 310 Mass. Code Regs. 7.09, which require a developer to notify DEP at least 10 working days prior to initiating construction. 310 Mass. Code Regs. 7.09(2). A developer must prevent particulate emissions from construction or land-clearing activities from causing or contributing to a condition of air pollution. 310 Mass. Code Regs. 7.09(1); 7.09(3)–(4). A developer also must comply with requirements to prevent noise as outlined in 310 Mass. Code Regs. 7.10.


Michigan

In Michigan, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit to Install from the Michigan Department of Environment, Great Lakes, and Energy, Air Quality Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 typically does not require an Air Quality Permit to Install pursuant to Mich. Admin. Code r. 336.1201(1).


A developer must comply with visible emission rules contained in Mich. Admin. Code r. 336.1301(1), which require a developer to prevent visible emissions of a density of greater than 20% opacity over a 6-minute average. Mich. Admin. Code r. 1301(1)(a). A developer must also comply with Mich. Admin. Code r. 336.1901, which requires a developer to prevent fugitive dust from being emitted in a manner that results in injurious effects to human health or safety, animal life, or plant life of significant value, or causes the unreasonable interference with the comfortable enjoyment of life and property.


Missouri

In Missouri, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the Missouri Department of Natural Resources, Air Pollution Control Program. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to Mo. Code Regs. Ann. tit. 10 § 10-6.060(1)(A). Other construction equipment (e.g., certain equipment that cuts, drills, sands, buffs, or polishes solid materials) for bulk transmission projects is often exempt from obtaining an Air Quality Construction Permit. Mo. Code Regs. Ann. tit. 10 § 10-6.061(DD).


A developer must comply with fugitive dust rules contained in Mo. Code Regs. Ann. tit. 10 § 10-6.170, which require a developer engaged in construction activities to prevent fugitive particulate matter emissions from going beyond the property line or remaining visible beyond the property line Mo. Code Regs. Ann. tit. 10 § 10-6.170(3).


Minnesota

In Minnesota, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the Minnesota Pollution Control Agency. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to Minn. R. 7007.0150. Other construction equipment (e.g., gasoline storage tanks with a combined total tankage capacity of less than 2,000 gallons) for bulk transmission projects is often exempt from obtaining an Air Quality Construction Permit. Minn. R. 7007.1300(2)(E)(4).


A developer utilizing nonroad engines and mobile sources must comply with standards contained in Minn. R. 7023.0105, unless it is exempt as a two-cycle internal combustion engine. Minn. R. 7023.0110; 7023.0115.


Mississippi

In Mississippi, bulk transmission project construction activities and equipment typically do not require an Air Pollution Control Permit from the Mississippi Department of Environmental Quality, Environmental Permits Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Pollution Control Permit pursuant to 11-2 Miss. Code R. § 2.1(D). 11-2 Miss. Code R. § 2.13(D)(3).


A developer must comply with fugitive dust rules contained in 11-2 Miss. Code R. § 1.3(C), by preventing unnecessary amounts of particulate matter from becoming airborne. 11-2 Miss. Code R. § 1.3(C)(1). A developer must also prevent particles and any contaminants from being emitted in sufficient amounts or of such duration from any process as to be injurious to humans, animals, plants, or property, or to be a public nuisance, or create a condition of air pollution. 11-2 Miss. Code R. § 1.3(C).


Montana

In Montana, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Montana Department of Environmental Quality, Air Quality Bureau. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to Mont. Admin. R. 17.8.743(1); 17.8.748(1). Mont. Admin. R. 17.8.744(1)(b).


A developer engaged in construction activities must comply with standards for settled particulate matter (PM), visibility, and PM10 contained in Mont. Admin. R. 17.8.220; 17.8.221; and 17.8.223. A developer must also comply with the air quality opacity restrictions contained in Mont. Admin. R. 17.8.304, which require a developer to prevent emissions from being discharged in a manner such that the opacity of those emissions is 20% or greater, averaged over 6 consecutive minutes. Mont. Admin. R. 17.8.304(2). If a project is located in any of Montana’s particulate matter nonattainment areas, a developer should also consult with the applicable county health department to ensure compliance with the local jurisdiction’s fugitive dust rules.


Note: If a developer’s project extends into Missoula County, the developer should consult the Missoula City-County Health Department, which has its own air quality permitting program. The developer must apply for applicable permits with that program. Missoula City-County Health Department – About the Air Quality Program.


Nebraska

In Nebraska, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the Nebraska Department of Environment and Energy, Air Quality Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to 129 Neb. Admin. Code § 17-001. 129 Neb. Admin. Code § 1-088.


A developer engaged in construction activities must comply with fugitive dust rules contained in 129 Neb. Admin. Code § 32-001–003, which require a developer to take all reasonable measures to prevent fugitive dust from becoming airborne so that it remains visible beyond the premises from which it originates. 129 Neb. Admin. Code § 32-002.


Note: If a developer’s project extends into the City of Lincoln or Lancaster County or the City of Omaha, the developer should consult the Lincoln-Lancaster County Health Department (LLCHD) or the Omaha Public Works Department (OPWD), respectively. LLCHD and OPWD have their own permitting programs, and the developer must apply for applicable permits with those programs. U.S. Environmental Protection Agency – Clean Air Act Permitting in Nebraska.


Nevada

In Nevada, bulk transmission project construction activities may require a Surface Area Disturbance (SAD) Operating Permit from the Nevada Division of Environmental Protection (NDEP), Bureau of Air Pollution Control if the project disturbs or covers 5 or more acres of land. Nev. Admin. Code § 445B.22037(3).


Equipment used for the construction of bulk transmission projects, however, typically does not require an Air Quality Permit. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under Nev. Admin. Code § 445B.113 does not require an Air Quality Permit pursuant to Nev. Admin. Code § 445B.287.


All projects must also comply with fugitive dust rules contained in Nev. Admin. Code § 445B.22037. For more information see:

Air Quality Permit for Construction Activities:
15-NV-a(1)


New Hampshire

In New Hampshire, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the New Hampshire Department of Environmental Services, Air Resource Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to N.H. Code Admin. R. Ann. Env-A 603.01.


A developer engaged in construction activities must comply with fugitive dust rules contained in N.H. Code Admin. R. Ann. Env-A 1002.01–.03, which require a developer to take precautions throughout the duration of the activity in order to prevent, abate, and control the emission of fugitive dust. N.H. Code Admin. R. Ann. Env-A 1002.03(a).


New Jersey

In New Jersey, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the New Jersey Department of Environmental Protection (DEP), Division of Air Quality. The temporary use of a portable diesel generator that qualifies as a “construction engine” under N.J. Admin. Code §§ 7:27-8.1 does not require an Air Quality Construction Permit pursuant to N.J. Admin. Code § 7:27-8.2(d). A developer should consult DEP before initiating a project, however, to ensure it is in compliance with New Jersey’s air quality regulations.


A developer must prevent fugitive dust, visible emissions, and other air contaminants from being emitted in a manner that is, or tends to be, injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property throughout the State. N.J. Admin. Code § 7:27-5.2. A developer must also comply with New Jersey’s fugitive dust rules contained in New Jersey State Soil Conservation Committee – Soil Erosion and Sediment Control Standards: Standards for Dust Control. The fugitive dust rules of the New Jersey Department of Agriculture, State Soil Conservation Committee are incorporated into DEP’s Regional Haze State Implementation Plan. New Jersey Department of Environmental Protection – State Implementation Plan (SIP) For Regional Haze.


A developer operating any mobile source must also comply with the provisions of N.J. Admin. Code § 7:27-3.4, which require a developer to prevent smoke from being emitted in a manner such that it is darker than number 2 on the Ringelmann smoke chart or greater than 40 percent opacity, exclusive of visible condensed water vapor, for a period of more than 10 consecutive seconds. N.J. Admin. Code § 7:27-3.4. A developer must also comply with New Jersey’s air quality regulations for diesel and gasoline-powered motor vehicles, contained in N.J. Admin. Code §§ 7:27-14; 7:27-15; 7:27-28.


New Mexico

In New Mexico, bulk transmission project construction activities and equipment may require either a Notice of Intent or an Air Quality Construction Permit from the New Mexico Environment Department (NMED), Air Quality Bureau. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 is considered a “portable stationary source” under N.M. Code R. § 20.2.72.7. New Mexico Environment Department – The Regulation of Non-Road Engines Under 20.2.70, 20.2.72, and 20.2.73 NMAC. NMED requires that nonroad engines undergo an applicability analysis in order to determine whether an Air Quality Construction Permit is required pursuant to N.M. Code R. § 20.2.72.200. New Mexico Environment Department – The Regulation of Non-Road Engines Under 20.2.70, 20.2.72, and 20.2.73 NMAC. Other equipment brought onsite temporarily may also require a permit and should be included in the applicability analysis. Forklifts, courier vehicles, front end loaders, graders, carts, maintenance trucks, and fugitive emissions from fleet vehicle refueling operations are exempt from permitting. For more information see:

Air Quality Permit for Construction Activities:
15-NM-a(1)


New York

In New York, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the New York State Department of Environmental Conservation, Division of Air Resources. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under N.Y. Comp. Codes R. & Regs. tit. 6, § III-A, 200.1(aw) does not require an Air Quality Permit pursuant to N.Y. Comp. Codes R. & Regs. tit. 6, §§ III-A, 201-4; 201-5; and 201-6. N.Y. Comp. Codes R. & Regs. tit. 6, § III-A, 201-3.3. In New York, mobile sources, including nonroad engines, are considered “trivial activities,” which are exempt from air quality permitting. N.Y. Comp. Codes R. & Regs. tit. 6, § III-A, 201-3.3. Other construction-related equipment, such as storage vessels, tanks with capacities less than 10,000 gallons, and construction-related activities, such as soldering and brazing, are also considered trivial activities. N.Y. Comp. Codes R. & Regs. tit. 6, § III-A, 201-3.3; 201-3.2(c)(25). While nonroad engines are exempt from air quality permitting, developers using nonroad engines must comply with the sulfur in fuel requirements of N.Y. Comp. Codes R. & Regs. tit. 6, § III-A, 225-1 and the emission opacity limitation of N.Y. Comp. Codes R. & Regs. tit. 6, § III-A, 211.2.


A developer must comply with New York’s fugitive dust rules contained in N.Y. Comp. Codes R. & Regs. tit. 6, § III-A, 211.1, which prohibits emissions that could unreasonably interfere with the enjoyment of life or property and requires that a developer take all appropriate measures to minimize fugitive dust emissions to comply with this provision. A developer must also comply with the fugitive dust rules contained in Section 107-11 of the New York Department of Transportation – Standard Specifications, which require a developer to apply proactive measures to prevent discharge of dust into the atmosphere. New York Department of Transportation – Standard Specifications. The fugitive dust rules of the New York State Department of Transportation are incorporated into New York’s Regional Haze State Implementation Plan. New York Department of Conservation – New York State Implementation Plan Revision for Regional Haze, Second Implementation Period.


Note: If a developer’s project extends into New York City or Westchester County, the developer should consult the New York City Department of Environmental Protection or the Westchester County Department of Health’s Air Quality Program, respectively. Each of these agencies has their own permitting programs, and the developer must apply for applicable permits with those programs.


North Carolina

In North Carolina, bulk transmission project construction activities and equipment typically do not need an Air Quality Permit from the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ). 15A NCAC 2Q .0102(g)(14)(D). The temporary use of a portable diesel generator that qualifies as a “nonroad engine” pursuant to 40 C.F.R. § 89.2 is exempt from the requirement to obtain an Air Quality Permit. 15A NCAC 2Q .0102(g)(14)(D).


DAQ also exempts land disturbing activities, such as clearing, grading, digging, and related activities from its fugitive dust rules contained within 15A NCAC 02D .0540. 15A NCAC 02D .0540(b)(4).


Note: If a developer’s project extends into Forsyth County, the developer should consult the Forsyth County Department of Environmental Assistance and Protection. If a developer’s project extends into Mecklenburg County, the developer should consult the Mecklenburg County Land Use and Environmental Services Agency. If a developer’s project extends into the City of Asheville or Buncombe County, the developer should consult the Western North Carolina Regional Air Quality Agency. Each of these agencies have their own permitting programs, and the developer must apply for applicable permits with those programs. U.S. Environmental Protection Agency – Clean Air Act Permitting in North Carolina.


North Dakota

In North Dakota, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit or Permit to Operate a Portable Source from the North Dakota Department of Environmental Quality, Division of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to N.D. Admin. Code 33.1-15-14-02 and does not require a Permit to Operate a Portable Source pursuant to N.D. Admin. Code 33.1-15-14-03.


A developer must comply with fugitive dust rules contained in N.D. Admin. Code 33.1-15-17-01–04, which require a developer to take reasonable precautions to prevent fugitive emissions from causing air pollution. N.D. Admin. Code 33.1-15-17-01(2).


Ohio

In Ohio, bulk transmission project construction activities and equipment typically do not require a Permit to Install and Operate from the Ohio Environmental Protection Agency, Division of Air Pollution Control. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require a Permit to Install and Operate pursuant to Ohio Admin. Code 3745-31-03(qq). Construction activities located at a construction site for a project for which no air pollution permits are required are also exempt from obtaining a Permit to Install and Operate. Ohio Admin. Code 3745-31-03(xx).


A developer must comply with fugitive dust rules contained in Ohio Admin. Code 3745-17-08, which require a developer, in certain areas of the state, to take or install reasonably available control measures to prevent fugitive dust from becoming airborne. Ohio Admin. Code 3745-17-08(A)–(B); Appendix A of 3745-17-08. A developer must also prevent airborne dust from being emitted in quantities such that it causes a nuisance. Ohio Admin. Code 3745-15-07.


Oklahoma

In Oklahoma, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Oklahoma Department of Environmental Quality, Air Quality Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to Okla. Admin. Code §§ 252:100-7-2; 252:100-7-15. Absent a formal Applicability Determination declaration from the Air Quality Division, however, it is the responsibility of the owner(s) and operator(s) to keep documentation on hand of their determination that an Air Quality Construction Permit was not required pursuant to Okla. Admin. Code § 252:100-7-15.


A developer must comply with fugitive dust rules contained in Okla. Admin. Code § 252:100-29-1–4, which require a developer to take reasonable precautions to minimize or prevent fugitive dust from becoming airborne. Okla. Admin. Code § 252:100-29-2(a). A developer must also prevent the discharge of any visible dust emissions beyond the property line of the property on which the emissions originate to ensure emissions do not interfere with the use of adjacent properties or the maintenance of air quality standards. Okla. Admin. Code § 252:100-29-2(c)(1)–(2).


Oregon

In Oregon, bulk transmission project construction activities and equipment typically do not require an Air Contaminant Discharge Permit from the Oregon Department of Environmental Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Contaminant Discharge Permit pursuant to Or. Admin. R. 340-216-0020.


A developer must comply with fugitive dust rules contained in Or. Admin. R. 340-208-0210, which require a developer to take reasonable precautions to prevent particulate matter from becoming airborne. Or. Admin. R. 340-208-0210(1).


Note: If a developer’s project extends into Lane County, the developer should consult the Lane Regional Air Protection Agency, which has its own permitting program. The developer must apply for applicable permits with that program. U.S. Environmental Protection Agency – Clean Air Act Permitting in Oregon.


Pennsylvania

In Pennsylvania, a bulk transmission developer may need a General Permit 11 from the Pennsylvania Department of Environmental Protection, Bureau of Air Quality to construct or operate (e.g., use during construction activities) compression-ignition nonroad engine(s) that are specified in 40 C.F.R. § 89.1 and qualify as nonroad engine(s) as per the definitions set forth in 40 C.F.R. § 85.1602 and 40 C.F.R. § 89.2. Pennsylvania Department of Environmental Protection – Conditions for Nonroad Engine(s) Permit (GP-11). For more information, see:

Air Quality Permit for Construction Activities:
15-PA-a(1)


Rhode Island

In Rhode Island, bulk transmission project construction activities and equipment typically do not require an Air Pollution Control Permit from the Rhode Island Department of Environmental Management, Office of Air Resources. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 250-120 R.I. Code R. § 05-0.4(32) does not require an Air Pollution Control Permit pursuant to 250-120 R.I. Code R. § 05-9.6. 250-120 R.I. Code R. § 05-0.4(19).


A developer engaged in construction activities must comply with fugitive dust rules contained in 250-120 R.I. Code R. § 05-5, which require a developer to take adequate precautions to prevent particulate matter from becoming airborne and traveling beyond the property line of the emission source. 250-120 R.I. Code R. §§ 05-5.5–5.6. A developer must also comply with visible emissions limitations in 250-120 R.I. Code R. § 05-1.6, air contaminant emission limitations in 250-120 R.I. Code R. § 05-7.6, and odor restrictions in 250-120 R.I. Code R. § 05-17.5.


South Carolina

In South Carolina, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the South Carolina Department of Health and Environmental Control, Bureau of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to S.C. Code Ann. Regs. 61-62.1(II)(A)(1). S.C. Code Ann. Regs. 61-62.1(I)(90).


A developer must comply with fugitive dust rules contained in S.C. Code Ann. Regs. 61-62.6(III), which require a developer to control emissions of fugitive particulate matter in such a manner and to the degree that it does not create an undesirable level of air pollution. S.C. Code Ann. Regs. 61-62.6(III)(A). A developer must comply with additional fugitive dust rules if the developer’s project is located within a nonattainment area or problem area. S.C. Code Ann. Regs. 61-62.6(I)–(II).


South Dakota

In South Dakota, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the South Dakota Department of Environment and Natural Resources, Air Quality Program. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to S.D. Admin. R. 74-36-20-02.


A developer must comply with visible emissions limitations contained in S.D. Admin. R. 74-36-12-01, which require a developer to prevent emissions from being discharged in a manner such that the density is equal to or greater than 20% opacity. S.D. Admin. R. 74-36-12-01.


Note: If a developer’s project extends into the South Dakota Department of Environment and Natural Resources – Natural Events Action Plan Control Area, the developer should consult the Rapid City Area Air Quality Board, which may require an Air Quality Construction Permit pursuant to Pennington County – Pennington County Ordinance No. 12 and Rapid City – Rapid City Municipal Code 8.34 for any construction activity disturbing one acre or more of surface area that may cause fugitive emissions.


Tennessee

In Tennessee, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Tennessee Department of Environment and Conservation, Division of Air Pollution Control. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to Tenn. Comp. R. & Regs. 1200-03-09-.01(1)(a). Tenn. Comp. R. & Regs. 1200-03-02-.01(1)(j).


A developer must comply with fugitive dust rules contained in Tenn. Comp. R. & Regs. 1200-03-08, which require a developer to take reasonable precautions to prevent particulate matter from becoming airborne. Tenn. Comp. R. & Regs. 1200-03-08-.01(1) A developer must also prevent fugitive dust from being emitted in a manner such that visible emissions beyond the property line exceed 5 minutes per hour, or 20 minutes per day, excluding the malfunction of equipment as provided in Tenn. Comp. R. & Regs. 1200-03-20. Tenn. Comp. R. & Regs. 1200-03-08-.01(2). Tennessee has additional fugitive dust control requirements, outlined in Tenn. Comp. R. & Regs. 1200-03-19, for certain particulate matter control areas, which are established in some areas of Sullivan County, Campbell County, Davidson County, Hamilton County, and Shelby County. Tenn. Comp. R. & Regs. 1200-03-19-.03(1).


Note: If a developer’s project extends into the City of Chattanooga and Hamilton County, TN, the developer should also consult the Chattanooga-Hamilton County Air Pollution Control Bureau (APCB). If a developer’s project extends into Knox County, TN, the developer should also consult the Knox County Air Quality Management Division (AQMD). If a developer’s project extends into the City of Memphis and Shelby County, TN, the developer should also consult the Shelby County Health Department, Air Pollution Control Branch (SCHD). If a developer’s project extends into the City of Nashville and Davidson County, TN, the developer should also consult the Nashville-Davidson County Metro Public Health Department, Division of Pollution Control (NDCMPHD). APCB, AQMD, SCHD, and NDCMPHD each have their own permitting programs, and the developer must comply with the applicable regulations for those areas and apply for applicable permits with those programs. U.S. Environmental Protection Agency – Clean Air Act Permitting in Tennessee.


Texas

In Texas, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit from the Texas Commission on Environmental Quality (TCEQ), Office of Air. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit pursuant to 30 Tex. Admin. Code § 116.110. Other construction equipment (e.g., blast cleaning equipment using only water as the cleaning media) for bulk transmission projects is often exempt from obtaining an Air Quality Permit. Texas Commission on Environmental Quality – List of De Minimis Facilities or Sources.


A developer engaged in construction activities in a geographic area listed in 30 Tex. Admin. Code §§ 111.141 must comply with fugitive dust rules that require the developer to take specific precautions, listed in 30 Tex. Admin. Code § 111.145, to achieve control of dust emissions. A developer engaged in construction activities anywhere in the State must comply with the visible emissions rules contained in 30 Tex. Admin. Code § 111.111, which prohibit visible emissions in an opacity exceeding 30% for any six-minute period. 30 Tex. Admin. Code § 111.111(a)(8).


Visible emissions rules contained in 30 Tex. Admin. Code § 111.111 also prohibit a developer from operating motor vehicles in a manner that causes visible exhaust emissions for more than 10 consecutive seconds. 30 Tex. Admin. Code § 111.111(a)(5). Unless exempted by 30 Texas Admin. Code § 114.517, a developer must also comply with vehicle idling rules contained in 30 Texas Admin. Code § 114.512, which prohibit idling the primary propulsion engine of any motor vehicle for more than five consecutive minutes while the vehicle is not in motion. 30 Texas Admin. Code § 114.512. The vehicle idling rules contained in 30 Texas Admin. Code § 114.512 only apply within the jurisdiction of a local government that has signed a Memorandum of Agreement with TCEQ to delegate enforcement of the provisions of the division to that local government. 30 Texas Admin. Code § 114.511.


Utah

In Utah, a bulk transmission developer requiring the use of a temporary, portable diesel generator that qualifies as a nonroad engine under 40 C.F.R. § 89.2 is not required to obtain an air quality permit from the Utah Department of Environmental Quality (DEQ), Division of Air Quality (DAQ) pursuant to Utah Admin. Code r. 307-401-3(1).


A developer must comply with fugitive dust rules contained in Utah Admin. Code r. 307-205, which require a developer engaged in construction activities over more than one-quarter acre of land to take steps to minimize fugitive dust. Utah Admin. Code r. 307-205-5(2).


A developer engaged in construction activities within a particulate matter (PM) nonattainment or maintenance area for PM10 or PM2.5 must prevent fugitive emissions from exceeding 15% opacity and prevent fugitive dust from exceeding 20% opacity on site and 10% opacity at the property boundary. Utah Admin. Code r. R307-309-4. Construction activities in PM nonattainment areas must also prevent, to the maximum extent possible, material from being deposited onto any paved public or private road other than a designated deposit site. Utah Admin. Code r. R307-309-8.


A developer engaged in construction activities over more than one-quarter acre of land within a PM10 or PM2.5 nonattainment or maintenance area must submit a Fugitive Dust Control Plan to DAQ before engaging in construction activities, in accordance with Utah Admin. Code r. R307-309-6. Utah Admin. Code r. R307-309-5(2); R307-309-6(2). A developer should use DAQ’s online form to submit a Fugitive Dust Control Plan. This form requires the use of vetted control measures, is approved upon submission, and is available at Utah Department of Environmental Quality – Fugitive Dust Control Plan.


Vermont

In Vermont, bulk transmission project construction activities and equipment typically do not require an Air Quality Permit to Construct from the Vermont Department of Environmental Conservation, Air Quality & Climate Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Permit to Construct pursuant to 12-031-001 Vt. Code R. § 5-501(1).


A developer must comply with fugitive dust rules contained in 12-031-001 Vt. Code R. § 5-231(4), which require a developer to take reasonable precautions to prevent particulate matter from becoming airborne. 12-031-001 Vt. Code R. § 5-231(4). A developer must also comply with nuisance and odor provisions in 12-031-001 Vt. Code R. § 5-241 and the prevention of air contaminant provision in 12-031-001 Vt. Code R. § 5-407.


Virginia

In Virginia, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the Virginia Department of Environmental Quality, Air Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 9 Va. Admin. Code § 5-80-1110 does not require an Air Quality Construction Permit pursuant to 9 Va. Admin. Code § 5-80-1100.


A developer must comply with fugitive dust rules contained in 9 Va. Admin. Code § 5-50-90 by taking reasonable precautions to prevent particulate matter from becoming airborne. 9 Va. Admin. Code § 5-50-90.


Washington

In Washington, a developer may need to submit a Notification of Intent to Operate to the Washington Department of Ecology in order use certain bulk transmission project construction equipment (e.g. portable diesel generators that qualify as a nonroad engine). A Notification of Intent to Operate is required if a developer uses nonroad engines with a cumulative maximum rated brake horsepower (bhp) greater than 500 bhp. Wash. Admin. Code §§ 173-400-035(4)–(5).


A developer must also comply with fugitive dust and visible emissions rules contained in Wash. Admin. Code § 173-400-040. For more information see:

Air Quality Permit for Construction Activities:
15-WA-a(1)


West Virginia

In West Virginia, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the West Virginia Department of Environmental Protection, Division of Air Quality. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to W. Va. Code R. § 45-13-5.1.


A developer must comply with fugitive dust rules contained in W. Va. Code R. § 45-17, which require a developer to prevent fugitive particulate matter from being discharged beyond the boundary lines of the property on which the discharge originates or at any public or residential location, which causes or contributes to statutory air pollution. W. Va. Code R. § 45-17-3.1.


Wisconsin

In Wisconsin, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the Wisconsin Department of Natural Resources, Bureau of Air Management. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to Wis. Admin. Code NR § 406.03.


A developer must comply with fugitive dust rules contained in Wis. Admin. Code NR § 415.04, which require a developer to take precautions to prevent particulate matter from becoming airborne. Wis. Admin. Code NR § 415.04. A developer must also comply with visible emission limitations in Wis. Admin. Code NR § 431, which restrict the opacity of emissions.


Wyoming

In Wyoming, bulk transmission project construction activities and equipment typically do not require an Air Quality Construction Permit from the Wyoming Department of Environmental Quality, Air Quality Division. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under 40 C.F.R. § 89.2 does not require an Air Quality Construction Permit pursuant to 020-0002 Wyo. Code R. § 6(2)(k)(iv).


A developer must comply with fugitive dust rules contained in 020-0002 Wyo. Code R. § 3-2, which require a developer to take steps to minimize fugitive dust and limit visible emissions of any contaminant to 20% opacity. 020-0002 Wyo. Code R. § 3-2(a); 3-2(f).

15.3 – No Permit Needed; Continue with Project

If the project will not impact air quality, then no Clean Air Act approval is required.