PROPOSAL:

Best Available Control Technology Guidelines Update

SYNOPSIS:

The BACT Guidelines are updated for the following two equipment categories: (1) Charbroiler, Chain-driven; and (2) Degreaser, Batch-loaded or Conveyorized Cold Cleaners.Degreaser, Conveyorized Vapor Cleaners. This proposal complies with state BACT, federal Lowest Achievable Emission Rate (LAER), and the AQMD Regulation XIII - New Source Review requirements.

COMMITTEE:

Stationary Source, November 18, 1997, reviewed.

RECOMMENDED ACTION:

Receive & File the Certify the notice of exemption; and
Amend Best Available Control Technology Guidelines update, as listed in Attachment B of the Staff Report.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

BACT is a requirement of both state and federal laws. Rule 1303 - Requirements (NSR), and Rule 2005 - New Source Review for RECLAIM, specify that BACT must be used for the construction of a new or relocated source or modification of an existing source which results in emission increases of any nonattainment air contaminants, ozone depleting compounds or ammonia. In addition, Rule 1303 requires that the Executive Officer periodically publish BACT Guidelines for commonly permitted sources or equipment. To comply with the latter requirement, the AQMD published the first BACT Guidelines in May 1983.

In October 1988, the BACT Guidelines went through a major revision, and the procedures for determining BACT were made more stringent to: (1) increase the effectiveness of the NSR program and (2) attain the ambient air quality standards. Since the October 1988 revision, staff has administratively updated several of these BACT requirements to reflect the current state of control technologies.

In March 1994, the Governing Board initiated a two-part program to update the BACT Guidelines. The purpose of this update was to: (1) establish a definitive process for determining BACT, (2) comply with federal, state, and local statutory or regulatory requirements for nonattainment air contaminants, (3) allow for public review and comment, and (4) provide an up-to-date listing of BACT. The first part, the BACT Methodology Report, provides procedures to be used for future updates of the BACT Guidelines.

During the development of the BACT Methodology report, Senate Bill (SB) 456 was proposed to establish the process by which AQMD would determine, update, and apply BACT. This bill was enacted into law in 1995 and added to the Health and Safety Code as Sections 40440.10, 40440.11, and 40920.6. The process established under the California Health and Safety Code, section 40440.11 applies only in cases where the AQMD is proposing to establish a BACT requirement that is more stringent than the federal LAER.

The second part of the Governing Board’s BACT update program requires establishing and updating BACT requirements to reflect current control technologies for at least 259 commonly permitted equipment categories. For this purpose, the equipment categories in the current BACT Guidelines are divided into four groups, each requiring an amendment to the BACT Guidelines. These groups—Phases I, II, III, and IV—included 45, 19, 81, and 116 equipment categories, respectively. The first amendment to the BACT Guidelines—approved July 11, 1997 by the AQMD Governing Board—provided the listing of BACT requirements for the 45 equipment categories in Phase I. The remaining equipment categories in Phases II, III, and IV are further divided into four groups, Phases IIA, IIB, III, and IV. Phase IIA, which is addressed by this proposal, consists of 2 equipment categories, and Phases IIB, III, and IV included 26, 80, and 109 equipment categories. Attachment A of the staff report provides the listing of equipment categories in these groups.

Proposal

The BACT Guidelines update incorporates the BACT requirements for two equipment categories [See Attachment A of the Board letter] which meet federal LAER.

Historically, the AQMD BACT requirement meets or exceeds the federal LAER. In the case of this update, the BACT requirements for the two categories are equivalent to the federal LAER. It is expected that the future updates for Phases IIB, III, and IV will recommend more effective and less-polluting technology than present BACT standards. It is also expected to accomplish all phases of the BACT update process by 1998.

The AQMD staff held discussions with the Scientific Review Committee (SRC) on staff proposals through four public meetings between June and December 1997. In addition to soliciting public input, staff held a public meeting which was noticed in newspapers. Staff sincerely extends its appreciation to SRC members for their assistance in updating the BACT requirements in Phase IIA.

Policy Issues

There are no major unresolved policy issues for charbroilers, and batch-loaded and conveyorized cold cleaners. Staff had earlier proposed BACT updates for vapor degreasers. In view of public comments received along with a recent request from United States Environmental Protection Agency (USEPA), Region IX, staff will delay the BACT update for vapor degreasers to Phase IIB which is expected to occur in early 1998.

AQMP & Legal Mandate

In non-attainment areas, federal LAER is required for new and modified major sources [Section 173(a)(2) of the federal Clean Air Act; 42 U. S. C. Section 7503(a)(2).] The AQMD implemented the mandate for LAER by adopting the requirements for BACT for new installations in Regulation XIII - New Source Review, and Regulation XX -Regional Clean Air Incentives Market (RECLAIM). California Health and Safety Code Section 40440(b)(1) also requires the AQMD to use BACT for new and modified sources.

CEQA

AQMD staff has reviewed the proposed update to the BACT Guidelines pursuant to state CEQA Guidelines Section 15002 (k)(1) and 15061 (b)(2). The proposed project consists of incorporating federal LAER determinations into the SCAQMD BACT Guidelines for information purposes. Since the SCAQMD has no discretionary authority to relax LAER determinations, the proposed project is considered a ministerial project as defined in state CEQA Guidelines Section 15369. Ministerial projects are exempt by statute pursuant to state CEQA Guidelines Section 15268 (a). A Notice of Exemption will be prepared pursuant to state CEQA Guidelines Section 15062 - Notice of Exemption, for the proposed project and will be filed with the four county clerks within the jurisdiction of the AQMDfollowing action by the Board.

Implementation Plan

Staff will continue to implement BACT in conformity with the federal LAER and requirements of Regulations XIII and XX. Work will continue towards updating the remaining BACT requirements, in close cooperation with the SRC and the affected public. All permit holders and interested parties will be kept informed of developments in this area through mail, outreach, and Internet postings on the AQMD Home Page.

Resource Impact

Existing AQMD resources are sufficient to implement the changes to the BACT Guidelines with no impact on the budget.

Attachments

Summary of BACT Guidelines Update

BACT Guidelines Development Process

Key Contacts

Key Issues and Responses

Final Staff Report

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