BOARD MEETING DATE: April 10, 1998 AGENDA NO. 20
PROPOSAL:
Best Available Control Technology Guidelines Update
SYNOPSIS:
The BACT Guidelines are being updated to reflect new federal AchievableLAER for 277 equipment categories including boilers, compressors, connectors, drains, gas turbines, internal combustion engines, ovens, pumps, sampling connections, and vapor degreasers. These emission rates constitute both state BACT and BACT under AQMD comply with state BACT, and constitute BACT under AQMD rules.
COMMITTEE:
Stationary Source, March 20, 1998, Reviewed
RECOMMENDED ACTION:
Receive & File the amendments to BACT Guidelines reflecting new LAER/BACT requirements for 2727 equipment categories listed in Attachment B of the Staff Report.
Barry R. Wallerstein, D.Env.
Acting Executive Officer
Background
In issuing pre-construction or operating permits for major and non-major sources, the Executive Officer is charged:
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 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 of the program provided procedures to be used for future updates of the BACT Guidelines.
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, in 1996 the AQMD began updating the BACT Guidelines in 1996. On July 11 and December 12, 1997 , the AQMD updated the BACT Guidelines to reflect edLAER/BACT requirements for 45 and 2 equipment, respectively,categories in the Phases I and IIA updates respectively. The remaining equipment categories are contained listed in Phases IIB, III, and IVII in Attachment A of the Staff Report, and are scheduled for completion in the future..
AQMD Rule 1303(a) requires the Executive Officer or designee to periodically publish BACT guidelines for commonly permitted sources. Under the rule, BACT for other source categories is determined on a case-by-case basis. The BACT guidelines are advisory only; individual permit applications remain subject to current LAER as required by federal and state law and AQMD rules. Since EPA can and has taken enforcement action against permittees for noncompliance with LAER, it is important that AQMD LAER determinations be current, and that the guidelines contain up-to-date information for use by applicants.
Proposal
This Phase IIB BACT Guidelines update reflects LAER for 2727 equipment categories listed in Attachment A, and are is requirement meets or exceeds the federal LAER. In the case of this update, the BACT requirements for the 33 categories are equivalent to federal LAER. It is expected that future updates for Phases III and IV will recommend more effective and less-polluting technology than present BACT standards. Staff expects to accomplish all phases of the BACT Guidelines update process in the end of 1998.
The AQMD staff held discussions with the Scientific Review Committee (SRC) on the emission standards in this package through five public meetings between August 1997 and March 1998. In addition to soliciting public input, staff held a public consultation meeting which was noticed in newspapers. Staff sincerely extends its appreciation to SRC members for their assistance in updating the BACT requirements in Phase IIB, as addressed herein.
Policy Issues
Significant comments were received by staff for the source categories of vapor degreasers and gas turbines. The issues presented can be broadly grouped under: (1) compliance with state law (SB 456) with reference to LAER determinations; (2) prohibition of direct cost consideration directly in LAER determinations; (3) applicability of LAER to non-major sources (businesses emitting less than 10 tpy of VOC or NOX) and modifications to existing equipment; and (4) concerns regarding technical feasibility and applicability to various permitting and operating scenarios. Staff has responded to all issues in Chapter 3 of the Staff Report and recommends that applicants take advantage of equivalency options and flexibility in the permitting process to address permit-specific concerns. major unresolved policy issues for any of the 27 equipment categories.batch-loaded and conveyorized cold cleaners. Staff had earlier proposed BACT updates for spray booth operations and process valves. In view of public comments received, (USEPA), Region IX, staff will delay the BACT update for spray booths and process valves to allow further discussion of appropriate BACT determinations. The evaluation process for both of these categories is expected to be completed within 60 days. operations degreasers to Phase IIB until May 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).] LAER is defined in Title 40 of the Code of Federal Regulations, Ssection 51.165(a)(1)(xiii) as the more stringent rate of emission between (1) the most stringent emission limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable, and (2) the most stringent emission limitation which is achieved in practice by such class or category of stationary sources. The AQMD implemented the mandate for LAER by adopting the requirements for BACT for new, modified, and relocated 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 update reflects federal LAER determinations Guidelines for public information purposes only. Since the purpose of the update is for public information only, and AQMD has no discretionary authority to relax LAER determinations, the proposed update is 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). In addition, the project is categorically exempt as an action to protect or enhance the environment [Class 8 Categorical Exemption, state CEQA Guidelines Section 15308]. 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 AQMD.
Implementation Plan
Staff will continue to implement BACT in conformity with both the requirements of federal LAER and 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.
Summary of BACT Guidelines Update
BACT Guidelines Development Process
Key Contacts
Key Issues and Responses
Notice of Exemption from the CEQA
Final Staff Report
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