THE TEXT YOU ARE VIEWING IS A COMPUTER-GENERATED OR RETYPED VERSION OF A
PAPER PHOTOCOPY OF THE ORIGINAL. ALTHOUGH CONSIDERABLE EFFORT HAS BEEN
EXPENDED TO QUALITY ASSURE THE CONVERSION, IT MAY CONTAIN TYPOGRAPHICAL
ERRORS. TO OBTAIN A LEGAL COPY OF THE ORIGINAL DOCUMENT, AS IT
CURRENTLY EXISTS, THE READER SHOULD CONTACT THE OFFICE THAT ORIGINATED
THE CORRESPONDENCE OR PROVIDED THE RESPONSE.
United States Environmental Protection Agency | | Region 10 1200 Sixth Avenue Seattle WA 98101 | | Alaska Idaho Oregon Washington |
|
EPA | | November 29, 1991 |
Reply To
Attn Of: AT-082
MEMORANDUM
SUBJECT: Applicability of EPA's Prevention of Significant Deterioration
(PSD) Regulations to Floating Seafood Processors
FROM: David C. Bray, Permit Programs Manager
Air Compliance and Permitting Section
TO: Gary McCutchen, Chief
New Source Permits Section, PB, CPDD (MD-15)
The State of Alaska Department of Environmental Conservation (ADEC) has
raised an issue regarding the regulation of floating seafood processors
which operate in United States waters outside of the jurisdiction of the
State (i.e., more than 3 miles offshore). These seafood processor, although
similar in activities and air pollution emissions, are currently treated
differently than shore-based processors or floating processors operating
within State waters. The ADEC currently requires permits to construct and
operate (including PSD permits for new and modified major processors) for
shore-based processors and permanently-moored floating processors. However,
few, if any, of the floating seafood processors (primarily foreign-owned or
based out of Washington State) have been required to obtain permits. This
inequitable treatment (i.e., the need to obtain PSD permits and install best
available control technology) has put the "stationary" Alaska seafood
processors at an economic disadvantage.
A floating seafood processor is a process source mounted on a floating
platform. The process is comprised of diesel power generators, boilers to
provide process water and steam, and heaters for use in the canning process.
All of these fuel combustion sources generate air pollution emissions, and
the potential to emit almost often exceeds 250 tons per year each of
nitrogen oxides and carbon monoxide. The floating platform may be self-
powered (i.e., onboard engines or boilers) or moved by ocean-going tugboats.
Many of the processors move to protected inland waters to process fish.
Typically, they may return to the same locate throughout the season for
several days of continuous fish processing at one time. However, others
will remain on the high seas to process. This activity is analogous to that
of portable asphalt batch plants or portable hazardous waste incinerators,
both of which are required to obtain PSD permits under EPA's regulations as
portable stationary sources (see 40 CFR 52.21(i)(4)(viii)).
It is our position that a floating seafood processor is a portable
stationary source and should be treated as such under EPA's PSD regulations.
All emissions, except those from engines used for propulsion, are to be
counted for determining whether a floating processor is a major stationary
source. As such, any "major" floating processor which intends to operate
either temporarily or permanently within U.S. territorial waters, and is
2
not a "grandfathered" existing source, must obtain a PSD permit from EPA.
By exempting the emissions from the engines and boilers used for propulsion
(i.e., for transportation purposes) we treat floating processors and shore-
based processors equitably for PSD purposes. We also remain consistent with
the new definition of "stationary source" in Section 302(z) of the Act. We
request your concurrence on this position, based on the provisions of EPA's
regulations and the amended Clean Air Act.
Please provide us with a response to this issue by no later than the
end of December. If the floating processors will need to obtain PSD permits
from EPA as portable stationary sources, then we will need some lead time
before next year's fishing season to obtain compliance with our permitting
requirements.
If you have any questions on this issue, or would like to discuss it
further, please give me a call at FTS 399-4253.
cc: Ray Nye, ACPS
Kathy Pazera, AOO
Ann Pontius, ACPS
Download Entire Document in
PDF Format |