Governor's Energy Supply Alert Order No. 01-02 (SECOND REVISION)
(Temporary Electric Generators)

To: All State and Local Air Pollution Control Authorities
Washington State Utilities and Transportation Commission ("UTC")
cc: Washington State Department of Health ("DOH")

Pursuant to the Proclamation of the Governor, dated January 26, 2001, declaring an energy supply alert, the Proclamations of the Governor, dated April 26, 2001, June 22, 2001, and August 17, 2001extending such energy supply alert, and under the powers granted in Chapter 43.21G RCW, I hereby order as follows:

1. The existing Notice of Construction and Portable Source requirements of the Washington Administrative Code (WAC 173-400-110) and local air pollution control authority regulations adopted under RCW 70.94.152, are hereby suspended or modified to the minimum extent necessary or advisable, for a period of 30 calendar days, to allow utilities, and such other entities that are significant users of electricity, to construct or install and operate temporary electric generators that may be a major source of air pollution, a major modification of a major air pollution source (as such terms are defined in state law and local air agency rules) or may otherwise need prior governmental approval to operate, provided that the owner or operator has notified the appropriate permitting authorities in writing of its intent to install and operate such temporary generators. Such notification must specify:

(a) the number and size of generator units to be installed;

(b) the type of fuel to be used;

(c) a reasonable estimate of hours of operation during the term of this order;

(d) an estimate of emissions expected;

(e) the location(s) of the units; and

(f) that the owner or operator agrees to a binding pollution mitigation agreement requiring mitigation or offset measures which serve to substantially mitigate any adverse environmental and/or public health impacts associated with the operation of such generators and 1:1 mitigation of particulate matter emitted during the period allowed by authority of this order, to be effective only until and unless superseded by a formally approved Notice of Construction or Portable Source Permit containing adequate mitigation measures. All such binding pollution mitigation agreements shall require a mitigation plan by a time certain, including a specific implementation period for the mitigation measures. The mitigation plan must be reviewed and approved by the appropriate permitting authorities, but such review and approval need not occur prior to operation. For purposes of this order, 1:1 mitigation refers to actual mitigation. Thus, particulate matter emitted during the period allowed by authority of this order must be offset by a reduction in particulate matter actually emitted by other sources.

This operating authority is in addition to any and all existing operating authorities.

2. Temporary electric generators may be operated as described above without an Order of Approval (RCW 70.94.152) during the term of this order provided further that:

a. The appropriate permitting authorities receive a Notice of Construction or Portable Source Notification, including all usual and necessary documentation to ensure compliance with the State Environmental Policy Act ("SEPA") (RCW 43.21C), and retain necessary authorities under SEPA to require appropriate mitigation;

b. Operation during the term of this order is consistent with the above notification and the Notice of Construction or Portable Source application;

c. For entities other than utilities, operation of temporary electric generators shall only be allowed for the purpose of offsetting the entity's existing electrical demand, not for the purpose of selling the generated electricity; and

d. Operation will not cause or contribute to the violation of any state or federal ambient air quality standard.

3. Operation of a temporary electric generator subject to this order after the term of this order and all extensions thereof, shall require all usual and necessary approvals from the appropriate permitting authorities.

4. For the duration of this order and all extensions thereof, when approving any temporary electric generator proposal, permitting authorities shall require:

a. The use of low- or ultra-low sulfur fuels when practical and available; and

b. Mitigation or offset measures which serve to substantially mitigate any adverse environmental and/or public health impacts associated with the operation of such generators. Such mitigation or offset measures may be in addition to any mitigation or offset measures imposed in accordance with the Washington Clean Air Act (RCW 70.94) and SEPA.

5. Mitigation or offset measures may include, but are not limited to, reduced operations at the facility installing the generators, reduced emissions from other facilities in the area that have shut down operations due to the lack of availability of electricity or natural gas, future purchase of clean fuel vehicles, installation of add-on emissions control equipment, or air pollution reduction achieved by retrofitting of conventional diesel fuel engines.

6. This order supersedes Governor's Energy Supply Alert Orders No. 01-02 and No. 01-02 (Revised). This order is effective immediately, shall remain in place for the duration of the energy supply alert and all extensions of such alert, and is subject to suspension or modification by further order of the governor. The legislature's joint committee on energy and utilities, which has reviewed this order, has been consulted. This order is deemed necessary to preserve and protect the public health, safety, and general welfare, and to minimize, to the fullest extent possible, the injurious economic, social and environmental consequences of the energy supply alert.

SO ORDERED, this 20th day of September, 2001

Gary Locke, Governor