BOARD MEETING DATE: July 11, 1997 AGENDA NO. 35
Proposal:
Amend Best Available Control Technology Guidelines
Synopsis:
Proposed amendments will update the listing of BACT requirements for 45 equipment categories, as the first phase of the effort to update the entire BACT Guidelines for all commonly permitted equipment. This proposal complies with state and federal laws, and the policies and procedures adopted by the AQMD Governing Board on September 8, 1995, as set forth in the BACT Methodology Report.
Committee:
Stationary Source, June 27, 1997, reviewed.
Recommended Action:
1. Certify the notice of exemption;2. Amend Best Available Control Technology Guidelines, as listed in Attachment B of the Staff Report; and
3. Provide new membership to the BACT Review Committee, as proposed in the attached Resolution.
James M. Lents, Ph.D.
Executive Officer
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, approved on September 8, 1995 by the Governing Board, 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 BACT requirements of state law are in agreement with the policies and procedures in the BACT Methodology Report approved by the Governing Board.
The second part of the Governing Board’s BACT update program requires establishing, updating, and listing 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 subject to Governing Board approval. The first group—Phase I—consists of 45 equipment categories, and the second, third, and fourth groups—Phases II, III, and IV—include 19, 81, and 116 equipment categories, respectively. Attachment B of the staff report provides the listing of equipment categories in these groups.
Proposal
The proposed amendment is the first of four proposed revisions to the BACT Guidelines. The BACT Methodology Report requires staff to:
Based on the above procedure, staff has determined that there is no qualifying control technology that is more stringent than current BACT for any equipment category in Phase I. Therefore, the BACT requirements for equipment categories in Phase I are the same as those in the current BACT Guidelines. It is expected that the future updates for Phases II,
III, and IV will recommend more effective and less-polluting technology than present BACT standards, for approval by the Governing Board. It is also expected to accomplish all phases of the BACT update process by 1998.
Pursuant to Board direction, the Scientific Review Committee (SRC) was reconvened at the outset of this process. The AQMD staff held discussions with the SRC on staff proposals through six public meetings between October 1996 and April 1997. In addition, to solicit public input, staff held a public meeting which was noticed in newspapers pursuant to applicable laws. Staff sincerely extends its appreciation to SRC members for their assistance in updating the BACT requirements in Phase I.
Finally, staff recommends that the Board reconfirm the composition of the BACT Review Committee, which is comprised of senior staff members to review specific BACT applications requested by any permit applicant. This item is included in the attached resolution.
Policy Issues
There are no major unresolved policy issues.
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 require BACT for new and modified sources.
CEQA
AQMD staff has reviewed the proposed amendments to the BACT Guidelines, pursuant to state California Environmental Quality Act (CEQA) Guidelines Section 15002(k)(1). Based on this review, AQMD staff has determined with certainty that the proposed project is exempt from the requirement of the CEQA pursuant to state CEQA Guidelines Section 15061(b)(3). The proposed project does not cause any potential significant impacts to air quality or any other environmental area. A Notice of Exemption will be prepared in accordance with state CEQA Guidelines Section 15062 and will be filed with the county clerks immediately following the adoption of the proposed BACT updates.
Implementation Plan
Staff will continue to implement the policies and procedures contained in Part A - User’s Guide, of the BACT Methodology Report, in conformity with the 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 Proposed Amendments
BACT Guidelines Development Flow Chart
Key Contacts
Key Issues and Responses
Resolution
Notice of Exemption
Staff Report