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.
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 ExampleConclusion
Do you consider the Puerto Rico control technique in your analysis?
Yes.
U.S. territories are also considered.