Best Available Control Technology/Lowest Achievable Emission Rate Evaluation Sarah Fuchs Air Permits Division Texas Commission on Environmental Quality Advanced 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 TAC 116: Best available control technology 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) 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 Example Tier II ExampleTier 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

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 Example Tier I ExampleTier II ExampleTier III Example Company A: 35 TPY SO 2 Tier I BACT - Caustic scrubber Company B: 40 TPY SO 2 Tier I BACT – Unestablished

Tier III Tier 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)

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

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 options Eliminate options on collateral impacts Select BACT

Tier III Example Tier I ExampleTier II ExampleTier 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 Review Sufficiently 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/RuleApplicable Pollutants BACTEach regulated NSR pollutant LAERCriteria pollutants (or precursors where applicable) for which the area is designated nonattainment

Federal BACT v. LAER (Applicable Sources) Analysis/RuleApplicable Sources BACTAny proposed major stationary source or major modification emitting a regulated air pollutant LAERMajor source or major modification in a nonattainment area

Federal BACT v. LAER (Requirements) Analysis/RuleRequirement BACTEmissions limit considering technical practicability and economic reasonableness LAER1)Emissions limitation contained in the SIP 2)Most stringent limitation achieved in practice

Federal BACT v. LAER Question 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 RBLCRBLC 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 Example Conclusion 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)