Best Available Control Technology/Lowest

Achievable Emission Rate Evaluation

Sarah FuchsAir Permits Division

Texas Commission on Environmental QualityAdvanced Air Permitting Seminar 2015

Things to Remember

• Facilities may be subject to different requirements

• EPA & TCEQ regulations are updated at different times

• Applicant must demonstrate meeting the most current regulations

Legislative & Regulatory Basis

• Texas Health & Safety Code

• Clean Air Act 1990

• Texas Administrative Code, Title 30

• Code of Federal Regulations, Title 40

What is BACT? (State)

30 TAC 116:

Best available control technology with consideration given to the technical practicability and the economic reasonableness of reducing or eliminating emissions from a facility.

What is BACT?(Federal)

40 CFR §51.165(xl) (summarized):

An emissions limitation based on the reduction of each potentially emitted pollutant from any proposed major stationary source or major modification, which TCEQ determines is achievable after considering several factors.

When is a BACT review required?

• Initial Permit

• Amendments

Evaluation Methods

Three-Tiered Approach (TCEQ)

Top-Down Method (EPA)

• Three Tiered Approach (TCEQ)• Top- Down Method (EPA)

Tier I• Emission reduction performance

levels accepted as BACT in recent permit reviews

• Same process and/or industry

• Consider new technical developments

Tier I ExampleTier I Example

Tier II Example

Tier III Example

Ethylene Oxide (EtO) Sterilization Units (MACT 40 CFR 63, Subpart O)

Source Type: Sterilizer

Pollutant: EtO

Minimum Acceptable Control: 99.0% reduction

Details: Typically wet scrubber, catalytic oxidizer, or condenser

99%

1%

Tier II

Tier I

• Different process or industry

• Consideration of controls accepted as BACT in recent permits for similar air emission streams

• Detailed technical analysis may be required

Tier II ExampleTier I Example

Tier II Example

Tier III Example

Company A:35 TPY SO2

Tier I BACT - Caustic scrubber

Company B:

40 TPY SO2

Tier I BACT – Unestablished

Company A

Caustic Scrubbe

r

Company B

Caustic Scrubbe

r

Tier IIITier I

Tier II• Use only if nothing available at

Tier I or Tier II

• Highly complex and quantitative

• Numerous assumptions required for completion

• Time and resource intensive

Tier III – More Information Tier I

Tier II

• Identify all emission reduction options

• Eliminate technically infeasible options

• Rank by total emissions reduced

• Determine cost effectiveness ($/ton)

Tier III-Question

When do you conduct a Tier III review?

Only if Tiers I and II fail to identify an emission control option.

Three-Tiered Approach = Top-Down

• Recently issued/approved Texas permits

• Recently issued/approved permits in other states

• Control technologies contained within EPA’s RBLC

Top-Down Method

• Identify all control options• Eliminate technically infeasible options

Identify all control options

Eliminate technically infeasible options

Reduction Strategy Options

• Pollution Prevention• Equipment Specification & Monitoring• Add-on Abatement• Good Engineering Practice (GEP)• Best Management Practice (BMP)

Pollution Prevention

Equipment Specification & Monitoring

Add-on Abatement

Good Engineering Practice (GEP)

Best Management Practice (BMP)

Top-Down Method

• Identify all control options• Eliminate technically infeasible options• Rank remaining control options

Identify all control options

Eliminate technically infeasible options

Rank remaining control options

Performance Elements• Capture Efficiency• Reduction Efficiency/Resulting

Emissions• Reliability• On-Stream Time• Enforceability

Capture Efficiency

Reduction Efficiency

ReliabilityOn-Stream

Time

Enforceability

Top-Down Method

• Identify all control options• Eliminate technically infeasible options• Rank remaining control options• Eliminate options on collateral impacts• Select BACT

Identify all control options

Eliminate technically infeasible options

Rank remaining control optionsEliminate options on collateral impacts

Select BACT

Tier III ExampleTier I Example

Tier II Example

Tier III Example

Company C:Tier I and Tier II reviews completed

New process, unique stream-Tier III review

Tier I review complete

Tier II review complete

New process, unique stream- Tier III review

$

How to Improve BACT ReviewSufficiently

justify control option

eliminations

Identify recent control options

Fully document

and elaborate

costs

Provide sufficient justification when

differentiating emission rates for similar facilities

Provide documentation related

to performance

elements

What is LAER?

Generally considered to be the most stringent level of control required under the Clean Air Act

Why Conduct LAER?

You’re proposing new construction or major modification to existing sources in an area already out of compliance with federal standards.

Federal BACT v. LAER(Pollutants)

Analysis/Rule Applicable Pollutants

BACT Each regulated NSR pollutant

LAER Criteria pollutants (or precursors where applicable) for which the area is designated nonattainment

Federal BACT v. LAER(Applicable Sources)Analysis/Rule Applicable Sources

BACT Any proposed major stationary source or major modification emitting a regulated air pollutant

LAER Major source or major modification in a nonattainment area

Federal BACT v. LAER(Requirements)Analysis/Rule Requirement

BACT Emissions limit considering technical practicability and economic reasonableness

LAER 1)Emissions limitation contained in the SIP

2)Most stringent limitation achieved in practice

Federal BACT v. LAERQuestion

Can you consider economic reasonableness in the evaluation of LAER?

No.

LAER does not provide for a consideration of economic reasonableness.

How do you determine LAER?

• Check the RBLC

• Check all state SIPs

LAER Question

Are there other places you can check for LAER determination?

Yes.

• Recently issued/approved Texas permits

• Recently issued/approved permits in other states.

LAER Example

You did it! You conducted your nonattainment review analysis!

LAER Example continued

Puerto Rico

Business

LAER ExampleConclusion

Do you consider the Puerto Rico control technique in your analysis?

Yes.

U.S. territories are also considered.

Questions?

Thank you!

Air Permits Division(512) 239-1250