CAPCOA BACT Clearinghouse Resource Manual

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XI. Listing of BACT and LAER Definitions for California Districts

        The following is a listing of current BACT and LAER definitions used by California districts. In some cases historic definitions are also available. Where historic definitions are present, the definitions are in reverse chronological order.

1. Amador County Air Pollution Control District

        Regulation I, Rule 102 (Adopted: March 2, 1995)
              Best Available Control Technology. An emission limitation, based on the maximum degree of reduction for a criteria pollutant or precursor which would be emitted from any source or modification which the Air Pollution Control Officer, on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for such source or modification through application of production processes or available control methods, systems, and techniques, for such pollutant. In no case shall application of best available control technology result in emissions of any pollutant or precursor which would exceed the emissions allowed by 40 CFR Part 60 and 61. If the Air Pollution Control Officer determines that technological or economic limitations on the application of measurement technology to a particular class of sources would make the imposition of an emission standard infeasible, he may instead prescribe a design[,] equipment, work practice or operations standard, or combination thereof. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design , equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

        Regulation I, Rule 102 (Adopted: January 8, 1980; superseded March 2, 1995)
              Best Available Control Technology. An emission limitation, based on the maximum degree of reduction for a criteria pollutant or precursor which would be emitted from any source or modification which the Air Pollution Control Officer, on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for such source or modification through application of production processes or available control methods, systems, and techniques, for such pollutant. In no case shall application of best available control technology result in emissions of any pollutant of or precursor which would exceed the emissions allowed by 40 CFR Part 60 and 61. If the Air Pollution Control Officer determines that technological or economic limitations on the application of measurement technology to a particular class of sources would make the imposition of an emission standard infeasible, he may instead prescribe a design[,] equipment, work practice or operations standard, or combination thereof. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

        Regulation I, Rule 102 (Adopted: January 8, 1980)
              Lowest Achievable Emission Rate. For any source, the most stringent of:

A. The most effective emission limitation which the Environmental Protection Agency certified is contained in the implementation plan of any state approved under the federal Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation is not achievable; or
B. The most effective emissions control technique which has been achieved in practice, for such category or class of source; or
C. Any other emissions control technique found, after public hearing, by the Air Pollution Control Officer to be technologically feasible and cost effective for such class or category of sources or for a specific source.

In no event shall the application of lowest achievable emission rate allow for emissions in excess of those allowable under 40 CFR Part 60.


2. Bay Area Air Quality Management District

        Regulation 2, Rule 2-206 (Adopted: July 7, 1991)
             Best Available Control Technology (BACT): For any source or modified source, except cargo carriers, the more stringent of:
             
206.1     The most effective emission control device or technique which has been successfully utilized for the type of equipment comprising such a source; or
206.2     The most stringent emission limitation achieved by an emission control device or technique for the type of equipment comprising such a source; or
206.3     Any emission control device or technique determined to be technologically feasible and cost-effective by the APCO; or
206.4     The most effective emission control limitation for the type of equipment comprising such a source which the EPA states, prior to or during the public comment period, is contained in an approved implementation plan of any state, unless the applicant demonstrates to the satisfaction of the APCO that such limitations are not achievable. Under no circumstances shall the emission control required be less stringent than the emission control required by any applicable provision of federal, state or District laws, rules or regulations.
             The APCO shall periodically publish and update, a BACT workbook specifying the requirements for commonly permitted sources. BACT will be determined for a source by using the workbook as a guidance document or, on a case-by-case basis, using the most stringent definition of this Section 2-2- 206.

        Regulation 2, Rule 2-201 (Adopted: October 7, 1981; superseded July 7, 1991)
             Best Available Control Technology (BACT): For any source or modified source, except cargo carriers, the more stringent of:
             
201.1     The most effective emission control device or technique which has been successfully utilized for at least one year for the type of equipment comprising such stationary source; or
201.2     The most stringent emission limitation achieved by an emission control device or technique for at least one year, for the type of equipment comprising such stationary source; or
201.3 Any emission control device or technique determined to be technologically feasible and cost-effective by the APCO; or
201.4 The most effective emission control limitation for the type of equipment comprising such stationary source which the EPA states, prior to or during the public comment period, is contained in an approved implementation plan of any state, unless the applicant demonstrates to the satisfaction of the APCO that such limitations are not achievable. Under no circumstances shall the emission control required be less stringent than the emission control required by any applicable provision of District, state or federal laws or regulations.


3. Butte County Air Quality Management District

         Regulation IV, Rule 430.D (Adopted: January 12, 1993)
Best Available Control Technology (BACT) means for any emissions unit, the more stringent of:
             
1. the most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable; or
2. any other emission control device or technique, alternative basic equipment, different fuel or process, determined to be technologically feasible and cost-effective by the Air Pollution Control Officer. The cost-effective analysis shall be performed in accordance with the methodology and criteria specified by the Air Pollution Control Officer.
         Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, or federal laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.

         Regulation IV, Rule 430.D (Adopted: unknown, but changed from Chapter 1, Rule 4-5, Part 304 on August 20, 1985; superseded January 12, 1993)
Best Available Control Technology For any stationary source the more stringent of:
             
a. The most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such stationary source unless the applicant demonstrates to the satisfaction of Air Pollution Control Officer that such limitations are not achievable; or
b. Any other emission control device or technique determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.
         Under no circumstances shall Best Available Control Technology be determined to be less stringent than the emission control required by federal laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.


4. Calaveras County Air Pollution Control District

         Regulation I, Rule 102 (Adopted: February 25, 1980)
Best Available Control Technology. An emission limitation based on the maximum degree of reduction for a criteria pollutant or precursor which would be emitted from any source or modification which the Air Pollution Control Officer, on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for such source or modification through application of production processes or available control methods, systems, and techniques, for such pollutant. In no case shall application of best available control technology result in emissions of any pollutant of [or] precursor which would exceed the emissions allowed by 40 CFR Part 60 and 61. If the Air Pollution Control Officer determines that technological or economic limitations on the application of measurement technology to a particular class of sources would make the imposition of an emission standard infeasible[,] he may instead prescribe a design equipment, work practice or operations standard, or combination thereof. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

         Regulation I, Rule 102 (Adopted February 25,1980)
Lowest Achievable Emission Rate. For any source, the most stringent of:
             
A. The most effective emission limitation which the Environmental Protection Agency certified is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation is not achievable; or
B. The most effective emissions control technique which has been achieved in practice, for such category or class of source; or
C. Any other emissions control technique found, after public hearing, by the Air Pollution Control Officer to be technologically feasible and cost effective for such class or category of sources or for a specific source.
         In no event shall the application of lowest achievable emission rate allow for emissions in excess of those allowable under 40 CFR Part 60.


5. Colusa County Air Pollution Control District

         Regulation I, Rule 3.6.b.5 (Adopted: September 14, 1993)
"Best available control technology" means for any emissions unit the more stringent of:
             
A. The most effective emission control device, emission limit, or technique that has been required or used for the type of equipment comprising such emissions unit unless the applicant demonstrates to the satisfaction of the APCO that such limitations are not achievable; or
B. Any other emission control device or technique, alternative basic equipment, different fuel or process, determined to be technologically feasible and cost-effective by the APCO. The cost- effective analysis shall be performed in accordance with the methodology and criteria specified by the APCO;
         Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, or Federal laws or regulations, unless the applicant demonstrates to the satisfaction of the APCO that such limits are not achievable.

         Regulation I, Rule 1.2 (r) (Adopted: September 26, 1989; rescinded January 23, 1996)
"Best Available Control Technology" means for any stationary source that more stringent of:
             
1. The most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such stationary source unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable; or
2. Any other emission control device or technique determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.
         Under no circumstances shall Best Available Control Technology be determined to be less stringent than the emission control required by any applicable provision of District, State, federal, or Air Resources Board laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.


6. El Dorado County Air Pollution Control District

         Regulation V, Rule 523.2.G (Adopted: April 26, 1994)
Best Available Control Technology (BACT)-

         1.     For any emissions unit the most stringent of:
             
a. The most effective emission control device, emission limit, or technique, singly or in combination, which has been required or used for the type of equipment comprising such an emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations required on other sources have not been demonstrated to be achievable.
b. Any alternative basic equipment, fuel, process, emission control device or technique, singly or in combination, determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.
c. For replacement equipment only, the emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by each class or category of source.
         2.     In making a BACT determination for nonattainment pollutant the Air Pollution Control Officer may consider the overall effect on other nonattainment pollutants. In some cases the lowest emission rates may be required for one or more nonattainment pollutants at the cost of not achieving the lowest emission rate for other nonattainment pollutants. The Air Pollution Control Officer shall discuss these considerations in the Preliminary Decision prepared pursuant to Section 523.4 C.
         3.         Under no circumstances shall BACT be determined to be less stringent than the emission control required by an applicable provision of district, state or federal laws or regulations unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.

         Regulation I, Rule 102 (Adopted: May 9, 1983 and superseded April 26, 1994)
Best Available Control Technology. An emission limitation, based on the maximum degree of reduction for a criteria pollutant or precursor which would be emitted from any source or modification which the Air Pollution Control Officer, on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for such source or modification through application of production processes or available control methods, systems and techniques, for such Pollutant. In no case shall application of best available control technology result in emissions of any pollutant of [or] precursor which would exceed the emissions allowed by 40 CFR Part 60 and 61.

         If the Air Pollution Control Officer determines that technological or economic limitations on the application of measurement technology to a particular class of sources would make the imposition of an emission standard infeasible, he may instead prescribe a design equipment, work practice or operations standard, or combination thereof. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

         Regulation I, Rule 102 (Adopted May 9, 1983 and superseded April 26, 1994)
Lowest Achievable Emission Rate. For any source, the most stringent of:
             
A. The most effective emission limitation which the Environmental Protection Agency certified is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation is not achievable; or
B. The most effective emissions control technique which has been achieved in practice, for such category or class of source; or
C. Any other emissions control technique found, after public hearing, by the Air Pollution Control Officer to be technologically feasible and cost effective for such class or category of sources or for a specific source.
         In no event shall the application of lowest achievable emission rate allow for emissions in excess of those allowable under 40 CFR Part 60.


7. Feather River Air Quality Management District

         Regulation X, Rule 10.1.D.5 (Adopted February 8, 1992)
Best Available Control Technology (BACT): For any emissions unit, the more stringent of:
             
a. The most effective emission control device, emission limit, or technology which has been required or used for the type of equipment comprising such emissions unit unless the applicant demonstrates to the satisfaction of the District that such limitations are not achievable; or
b. Any other emission control device or technique, alternative basic equipment or different fuel or process, determined by the District to be technologically feasible and cost-effective and which provides an equivalent level of control.
         Under no circumstances shall Best Available Control Technology be determined to be less stringent than the emission control required by any applicable provision of District, state, or federal laws or regulations, unless the applicant demonstrates to the satisfaction of the APCO that such limitations are not achievable.

         Regulation IV, Rule 4.6 Part 304. (Adopted: August 12, 1991, but superseded)
Best Available Control Technology: For any stationary source, the more stringent of Section 304.1 or Section 304.2.
             
304.1 The most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such stationary source unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable; or
304.2 Any other emission control device or technique determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.

         Under no circumstances shall Best Available Control Technology be determined to be less stringent than the emission control required by any applicable provision of District, State, or federal or Air Resources Board laws or regulations, unless the applicant demonstrates to the satisfaction of the Pollution Control Officer that such limitations are not achievable.


8. Glenn County Air Pollution Control District

         Article 3, Section 51.D.5 (Adopted: March 16,1993 )
Best Available Control Technology (BACT) means for any emissions unit, the more stringent of:
             
a. the most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such emissions unit unless the applicant demonstrates to the satisfaction of the APCO that such limitations are not achievable; or
b. any other emission control device or technique, alternative basic equipment, different fuel or process, determined to be technologically feasible and cost effective by the APCO. The cost- effective analysis shall be performed in accordance with the methodology and criteria specified by the APCO.
         Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, or Federal laws or regulations, unless the applicant demonstrates to the satisfaction of the APCO that such limitations are not achievable.

         Article 3, Section 51.K. (Adopted: unknown; superseded on March 16, 1993)
Best Available Control Technology (BACT): Best Available Control Technology means for any source the more stringent of:
             
1. The most effective control technique which has been achieved in practice, for such category or class of source, and which for sources locating in and impacting an attainment area, takes into account energy, environmental and economic impacts and other costs; or
2. Any other emissions control technique found by the Air Pollution Control Officer or the Air Resources Board to be technologically feasible and cost/effective for such class or category of sources; or
3. For pollutants which exceed the national ambient air quality standard in the district, the most effective emission limitation which the EPA certifies is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the APCO that such limitations are not achievable.


9. Great Basin Unified Air Pollution Control District

         Regulation II, Rule 209-A.F.1 (Adopted: June 19,1989)
"Best Available Control Technology (BACT)" means for any source, the more stringent of:
             
a. The most effective emissions control technique which has been achieved in practice, for such category or class of source; or
b. Any other emissions control technique found, after public hearing, by the Air Pollution Control Officer or the Air Resources Board to be technologically feasible and cost/effective for such class or category of sources or for a specific source; or
c. The most effective emission limitation which the EPA certifies is contained in the implementation plan of any State approved under the Clean Air Act for such class or category or [of] source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable.
         In no event shall the emission rate reflected by the control technique or limitation exceed the amount allowable under applicable new source performance standards.


10. Imperial County Air Pollution Control District

         Regulation I, Rule 101 (Adopted: November 19, 1985)
Best Available Control Technology (BACT) means for any stationary source or modification the technology which gives the maximum degree of reduction of each air contaminant emitted from or resulting from such class or category of source which the Control Officer determines is achievable for such source. The Control Officer shall make this determination on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs. The Control Officer shall consider production processes and available methods, systems and techniques for control of each air contaminant, including fuel cleaning or treatment or innovative fuel combustion techniques. In no event shall the emission rate reflected by the control technique or limitation exceed the amount allowable under applicable new source performance standards.

Regulation 1, Rule 101 (Adopted: unknown)
Lowest Achievable Emission Rate (LAER) means for any stationary source or modification the more stringent of:
             
1. The most stringent emissions 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; or
2. The most effective emissions control technique which has been achieved in practice, for such class or category of source as determined by the Control Officer; or
3. The emission limitation specified for such class or category of source under applicable Federal New Source Performance Standards pursuant to Section III of the Clean Air Act; or
4. Any other emissions control technique found after public hearing, by the Control Officer or the Air Resources Board to be technologically feasible and cost effective for such class or category of sources or for a specific source.


11. Kern County Air Pollution Control District

         Rule 210.I.II.G for NSR. (Adopted: July 11, 1996)
Best Available Control Technology: the most stringent emission limitation or control technique of the following:
             
1. That achieved in practice for such emissions unit and class of source;
2. That contained in any State Implementation Plan approved by the U.S. Environmental Protection Agency for such emissions unit category and class of source (a specific limitation or control technique shall not apply if the owner or operator of the proposed emissions unit demonstrates to the satisfaction of the Control Officer that such limitation or control technique is not currently achievable); or
3. Any other emission limitation, control device, alternate basic equipment, or different fuel or process found by the Control Officer to be technologically feasible for such class or category of source or for a specific source, and cost effective as determined by official District policy.
         Best Available Control Technology shall not be determined to be less stringent than the emission control required by any applicable provision of local, state, or federal, law or regulation unless the applicant demonstrates to the Control Officer that such limitations are not achievable. Application of Best Available Control Technology shall not result in the emission of any pollutant exceeding emissions allowed by any applicable New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants.

         Rule 210.4.I.G for PSD Rule. (Adopted: unknown)
Best Available Control Technology means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under the Clean Air Act which would be emitted from any proposed major stationary source or major modification which the APCO, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques for control of such pollutant. In no event shall application of Best Available Control Technology result in emission of any pollutant which would exceed the emissions allowed by any applicable Standard of Performance for New Stationary Sources and the National Emissions Standards for Hazardous Air Pollutants. If the APCO determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, design, equipment, work practice, or operational standards, or a combination thereof, may be prescribed instead to satisfy the requirements for the application of Best Available Control Technology. Such standard shall to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results.

         Rule 101 for NSR. (Adopted: June 8, 1992, but superseded July 11, 1996)
Best Available Control Technology: the most stringent emission limitation or control technique of the following:
             
1. achieved in practice for such emission unit and class of source; or
2. contained in any state implementation plan approved by the Environmental Protection Agency for such emissions unit category and class of source (a specific limitation or control technique shall not apply if the owner or operator of the proposed emissions unit demonstrates to the satisfaction of the Control Officer that such limitation or control technique is not currently achievable); or
3. any other emission limitation, control device, alternate basic equipment, or different fuel or process found by the Control Officer to be technologically feasible for such class or category of source or for a specific source, and cost effective as determined by official District policy.
         Under no circumstance shall Best Available Control Technology be determined to be less stringent than the emission control required by any applicable provision of local, state, or federal, law or regulation unless the applicant demonstrates to the satisfaction of the Control Officer that such limitations are not achievable. In no event shall the application of Best Available Control Technology result in the emission of any pollutant exceeding emissions allowed by any applicable New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants.


12. Lake County Air Quality Management District

         Chapter 1, Article II, Section 208.1. (Adopted: June 6, 1977)
Best Available Control Technology (BACT): The maximum degree of emission control for any air contaminant emitting equipment taking into account technology which is known to be practical and feasible but not necessarily in use provided the Air Pollution Control Officer shall not interpret BACT to include a requirement that will result in the closing and elimination of or the inability to construct or operate a lawful business which could be operated with the application of the best control technology currently in use, or cause a situation where an exclusive manufacturer of BACT will obtain unreasonable compensation for such technology.


13. Lassen County Air Quality Management District

         Regulation VI, Rule 6.3(e). (Adopted: November 16,1982)
Best Available Control Technology (BACT) - For any stationary source the more stringent of:
             
1. The most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such stationary source unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable; or
2. Any other emission control device or technique determined to be technologically feasible and cost-effective by the Air Pollution Control Officer. Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, federal, or Air Resources Board laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.


14. Mariposa County Air Pollution Control District

         Regulation I, Rule 102 (Adopted: unknown)
Best Available Control Technology. An emission limitation, based on the maximum degree of reduction for a criteria pollutant or precursor which would be emitted from any source or modification which the Air Pollution Control Officer, on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for such source or modification through application of production processes or available control methods, systems, and techniques, for such pollutant. In no case shall application of best available control technology result in emissions of any pollutant of [or] precursor which would exceed the emissions allowed by 40 CFR Part 60 and 61. If the Air Pollution Control Officer determines that technological or economic limitations on the application of measurement technology to a particular class of sources would make the imposition of an emission standard infeasible, he may instead prescribe a design [,] equipment, work practice or operations standard, or combination thereof. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

Regulation I, Rule 102 (Adopted: unknown)
Lowest Achievable Emission Rate. For any source, the most stringent of:
             
A. The most effective emission limitation which the Environmental Protection Agency certified is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation is not achievable; or
B. The most effective emissions control technique which has been achieved in practice, for such category or class of source; or
C. Any other emissions control technique found, after public hearing, by the Air Pollution Control Officer to be technologically feasible and cost effective for such class or category of sources or for a specific source.
         In no event shall the application of lowest achievable emission rate allow for emissions in excess of those allowable under 40 CFR Part 60.


15. Mendocino County Air Quality Management District

         Regulation I, Chapter I, Rule 130 (b2). (Adopted: June 14, 1988)
Best Available Control Technology (BACT): An emission limitation based on the maximum degree of reduction of each air contaminant subject to regulation under the Clean Air Act of 1977 emitted from or which results from any stationary source or modification, which the Control Officer, on a case by case basis, taking into account energy, environmental, and economic impacts, and other costs, determines is achievable for such stationary source through application of production processes and available methods, systems, and techniques, for control of such air contaminants. Said BACT determinations may include a design standard, operational equipment specifications, fuel restrictions, work practice or combination thereof. In no event shall application of BACT result in emissions of any pollutants which will exceed the emissions allowed under Rules 490 and 492 of this regulation. If the reviewing authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirements for the application of BACT. (52.21(b)(12))


16. Modoc County Air Pollution Control District

         Regulation VI, Rule 6.1.I.1 (Adopted: January 3, 1989)
Best Available Control Technology (BACT)
For any source, the more stringent of:
             
a. the most effective emissions control technique which has been achieved in practice, for such category or class of sources; or
b. any other emissions control technique found, after public hearing, by the Control Officer and the Air Resources Board to be technologically feasible and cost effective for such class or category of sources or for a specific source; or
c. for those pollutants for which the national ambient air quality standards are violated in the district, the most effective emission limitation which the Environmental Protection Agency certifies is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitation are not achievable.


17. Mojave Desert Air Quality Management District (formerly San Bernardino County Air Pollution Control District)

         Regulation XIII, Rule 1301 (Adopted: March 25, 1996)
"Best Available Control Technology (BACT)" - For any Permit Unit, the most stringent of:
             
(1) The most effective emission control device, emission limit, or technique which has been achieved in practice, for such permit unit category or class of source; or
Any other emission control device, process or technique, and/or different fuel demonstrated in practice to be technologically feasible and cost-effective by the APCO or by CARB.
(2) Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of laws or regulations of the District, State, and/or Federal government, unless the applicant demonstrates to the satisfaction of the APCO that such limitations are no achievable.
(3) In no event shall the application of BACT result in the emissions of any Regulated Air Pollutant which exceeds the emissions allowed by any applicable standard or other requirement under 42 U.S.C. 7411, Standards of Performance for New Stationary Sources (Federal Clean Air Act 111) or 42 U.S.C. 7412, Hazardous Air Pollutants (Federal Clean Air Act 112) or the regulations promulgated thereunder.
(4) BACT for Emission Unit categories or classes of Facilities shall be determined on a case-by- case basis.


         Regulation XIII, Rule 1302(d). (Adopted: October 27, 1993)
"Best Available Control Technology (BACT)" - For any permit unit, the most stringent of:
             
(1) The most effective emission control device, emission limit, or technique which has been achieved in practice, for such permit unit category or class of source; or
(2) Any other emission control device, process or technique, and/or different fuel demonstrated in practice to be technologically feasible and cost-effective by the Air Pollution Control Officer or by the Executive Officer of the ARB.
(3) Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of laws or regulations of the District, State, and/or federal government, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable. In no event shall the application of BACT result in the emissions of any pollutant which exceeds the emissions allowed by any applicable New Source Performance Standard (40 CFR, 60) or National Emission Standard for Hazardous Air Pollutants (40 CFR, 61).


         Regulation XIII, Rule 1302(d). (Adopted: April 29,1993)
Best Available Control Technology (BACT) means the more stringent of:
             
(1) The most effective emission control technique which has been achieved in practice, for such permit unit category or class of source; or
(2) The control technique which will result in the most stringent emissions limitation contained in any state implementation plan approved by the Environmental Protection Agency for such permit unit category and class of source. A specific control technique shall not be required if the owner or operation of the proposed source demonstrates to the satisfaction of the Executive Officer that such control techniques are not presently achievable (i.e. that such emissions limitations are not presently achievable; or
(3) Any other emission control technique found after public hearing by the District or by the Air Resources Board to be technologically feasible and cost-effective for such class or category of sources or for a specific source.
         No control technique, the application of which would result in emissions from a new or modified source in excess of the amount allowable under applicable new source performance standards specified in Regulation IX of these rules and regulations or promulgated by the Environmental Protection Agency pursuant to the Clean Air Act may be considered Best Available Control Technology.


18. Monterey Bay Unified Air Pollution Control District

         Regulation II, Part II, Rule 207(2.10) (Adopted: March 20, 1996)
Best Available Control Technology (BACT)
For any stationary source the most stringent of the following, unless the applicant demonstrates to the satisfaction of the District that such limitations imposed on other sources are not achievable:

         2.10.1 the most effective emission control device or technique which has been required or used for the type of equipment comprising such a category of stationary source; or
         2.10.2 the most stringent emissions limitation which has been required or used for the type of equipment comprising such a category of stationary source; or
         2.10.3 any other emission control device or technique determined to be technologically feasible and cost-effective by the District.
         2.10.4 BACT shall not be less stringent than the emission control required by any applicable provision of District, ARB, State, or federal laws or regulations, unless the applicant demonstrates to the satisfaction of the district that such limitations are not achievable.
         2.10.5 In no event shall the application of BACT result in the emissions of any pollutant which exceed the emissions allowed by any applicable standard in 40 CFR Part 60 (New Source Performance Standards), or in 40 CFR Part 61 (National Emission Standards for Hazardous Air Pollutants), or in 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories).
        

Regulation II, Part II, Rule 207(2.9) (Adopted: April 21, 1993; Superseded March 20, 1996)
Best Available Control Technology (BACT)
For any stationary source the most stringent of the following, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations imposed on other sources are not achievable:

         2.9.1 the most effective emission control device or technique which has been required or used for the type of equipment comprising such a category of stationary source; or
         2.9.2 the most stringent emissions limitation which has been required or used for the type of equipment comprising such a category of stationary source; or
         2.9.3 any other emission control device or technique determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.
         2.9.4 BACT shall not be less stringent than the emission control required by any applicable provision of District, ARB, State, or federal laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.
         2.9.5 In no event shall the application of BACT result in the emissions of any pollutant which exceed the emissions allowed by any applicable standard in 40 Code of Federal Regulations (CFR) Part 60, New Source Performance Standards, or in 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants.
        

Regulation II, Part 3.0, Rule 207(3.3.) (Adopted: January 3, 1985 and superseded April 21, 1993)
Best Available Control Technology (BACT)
For any stationary source, the more stringent of:

         3.3.1. the most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such stationary source unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations imposed on other sources are not achievable;
         3.3.2. any other emission control device or technique determined to be technologically feasible and cost-effective by the Air Pollution Control Officer; or
         3.3.3. under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, or federal laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.


19. North Coast Unified Air Quality Management District

         Regulation I, Rule 130 (b3). (Adopted: June 28,1990)
Best Available Control Technology (BACT): An emission limitation based on the maximum degree of reduction of each air contaminant subject to regulation under the Clean Air Act of 1977 emitted from or which results from any stationary source or modification, which the Control Officer, on a case by case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such stationary source through application of production processes and available methods, systems, and techniques for control of such air contaminants. Said BACT determinations may include a design standard, operational equipment specifications, fuel restrictions, work practice or combination thereof. In no event shall application of BACT result in emissions of any pollutants which will exceed the emissions allowed under Rules 490 and 492 of this regulation. If the reviewing authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirements for the application of BACT. The BACT process shall be applied to any toxic air contaminants which are referenced in Section 39660 of the Health & Safety Code (52.21(b) (12)).


20. Northern Sierra Air Quality Management District

         Regulation I, Rule 102. (Adopted: September 11, 1991)
Best Available Control Technology.
An emission limitation, based on the maximum degree of reduction for a criteria pollutant or precursor which would be emitted from any source or modification which the Air Pollution Control Officer, on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for such source or modification through application of production processes or available control methods, systems, and techniques, for such pollutant. In no case shall application of best available control technology result in emissions of any pollutant or precursor which would exceed the emissions allowed by 40 CFR Part 60 and 61. If the Air Pollution Control Officer determines that technological or economic limitations on the application of measurement technology to a particular class of sources would make the imposition of an emission standard infeasible, he may instead prescribe a design [,] equipment, work practice or operations standard, or combination thereof. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

Regulation I, Rule 102 (Adopted: unknown)
Lowest Achievable Emission Rate. For any source, the most stringent of:
             
A. The most effective emission limitation which the Environmental Protection Agency certified is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation is not achievable; or
B. The most effective emissions control technique which has been achieved in practice for such category or class of source; or
C. Any other emissions control technique found, after public hearing, by the Air Pollution Control Officer to be technologically feasible and cost effective for such class or category of sources or for a specific source.

         In no event shall the application of lowest achievable emission rate allow for emissions in excess of those allowable under 40 CFR Part 60.


21. Northern Sonoma County Air Pollution Control District

         Regulation I, Chapter , Rule 130(b3). (Adopted: July 1995)
BEST AVAILABLE CONTROL TECHNOLOGY (BACT): An emission limitation based on the maximum degree of reduction of each air contaminant subject to regulation under the Clean Air Act of 1977 emitted from or which results from any stationary source or modification, which the Control Officer, on a case by case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such stationary source through application of production processes and available methods, systems, and techniques for control of such air contaminants. Said BACT determinations may include a design standard, operational equipment specifications, fuel restrictions, work practice or combination thereof. In no event shall application of BACT result in emissions of any pollutants which will exceed the emissions allowed under Rules 490 and 492 of this regulation. If the reviewing authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirements for the application of BACT. (52.21(b) (12))

Regulation I, Chapter I, Rule 130(b2). (Adopted: August 7, 1984, but superseded)
Best Available Control Technology (BACT): An emission limitation based on the maximum degree of reduction of each air contaminant subject to regulation under the Clean Air Act of 1977 emitted from or which results from any stationary source or modification, which the Control Officer, on a case by case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such stationary source through application of production processes and available methods, systems, and techniques for control of such air contaminants. Said BACT determinations may include a design standard, operational equipment specifications, fuel restrictions, work practice or combination thereof. In no event shall application of BACT result in emissions of any pollutants which will exceed the emissions allowed under Rules 490 and 492 of this regulation. If the reviewing authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirements for the application of BACT. (52.21(B) (12)) The BACT process shall also apply to any toxic air contaminant.


22. Placer County Air Pollution Control District

         Regulation V, Rule 207 (Adopted: November 3, 1994)
BEST AVAILABLE CONTROL TECHNOLOGY (BACT):
             
207.1 For any emissions unit the most stringent of:
 
a. The most effective emission control device, emission limit, or technique, singly or in combination, which has been required or used for the type of equipment comprising such an emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations required on other sources have not been demonstrated to be achievable.
b. Any alternative basic equipment, fuel, process, emission control device or technique, singly or in combination, determined to be technologically feasible and cost- effective by the Air Pollution Control Officer.
c. For replacement equipment only, the emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by each class or category of source.
2.07.2 In making a BACT determination for nonattainment pollutant[s] the Air Pollution Control Officer may consider the overall effect on other nonattainment pollutants. In some cases the lowest emission rates may be required for one or more nonattainment pollutants. The Air Pollution Control Officer shall discuss these considerations in the Preliminary Decision prepared pursuant to Section 403.
207.3 Under no circumstances shall BACT be determined to be less stringent than the emission control required by an applicable provision of district, state or federal laws or regulations unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.

         Regulation V, Rule 508.F.1 (Adopted: June 19, 1979, but superseded)
"Best Available Control Technology (BACT)" means for any source the more stringent of:
             
a. The most effective emissions control technique which has been achieved in practice, for such category or class of source; or
b. Any other emissions control technique found, after public hearing, by the Air Pollution Control Officer or the Air Resources Board to be technologically feasible and cost effective for such class or category of sources or for a specific source; or
c. The most effective emission limitation which the EPA certifies is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the APCO that such limitations are not achievable.
         In no event shall the emission rate reflected by the control technique or limitation exceed the amount allowable under applicable new source performance standards.


23. Sacramento Metropolitan Air Quality Management District

         Regulation 2, Rule 202, Section 207. (Adopted: April 4, 1996)
BEST AVAILABLE CONTROL TECHNOLOGY (BACT):
             
207.1 For any emissions unit the most stringent of:
 
a. The most effective emission control device, emission limit, or technique, singly or in combination, which has been required or used for the type of equipment comprising such an emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations required on other sources have not been demonstrated to be achievable in practice.
b. Any alternative basic equipment, fuel, process, emission control device or technique, singly or in combination, determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.
207.2 In making a BACT determination for each affected pollutant the Air Pollution Control Officer may consider the overall effect of the determination on other affected pollutants. In some cases the lowest emission rates may be required for one or more affected pollutants at the cost of not achieving the lowest emission rate for other pollutants. The Air Pollution Control Officer shall discuss these considerations in the Preliminary Decision prepared pursuant to Section 405.
207.3 Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of district, state or federal laws or regulations, or contained in the implementation plan of any State for such class or category of stationary source unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.

         Regulation 2, Rule 202, Section 207. (Adopted: February 26, 1991)
Best Available Control Technology (BACT): For any emissions unit the most stringent of:
             
207.1 The most effective emission control device, emission limit, or technique, singly or in combination, which has been required or used for the type of equipment comprising such an emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations required on other sources have not been demonstrated to be achievable.
207.2 Any alternative basic equipment, fuel, process, emission control device or technique, singly or in combination, determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.
207.3 For replacement equipment only, the emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by each class or category of sources.
         Under no circumstances shall BACT be determined to be less stringent than the emission control required by an applicable provision of district, state or federal laws or regulations unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.


24. San Diego County Air Pollution Control District

         Regulation II, Rule 20.1(c)(10). (Adopted: May 15, 1996)
"Best Available Control Technology (BACT)" means and is applied as follows:
             
(I) The Lowest emitting of any of the following:
 
(A) The most stringent emission limitation, or the most effective emission control device or control technique, which has been proven in field application and which is cost- effective for such emission unit, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations, device or control technique is not technologically feasible, or
(B) Any emission control device, emission limitation or control technique which has been demonstrated but not necessarily proven in field application, and which is cost- effective, as determined by the Air Pollution Control Officer, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation, device or control technique is not technologically feasible, or
(C) Any alternative basic equipment, replacement of an emission unit with a lower emitting emission unit, installation of control equipment, process modifications, changes in raw material including alternative fuels, and substitution of equipment or processes with alternative equipment or processes, or any combination of these, determined by the Air Pollution Control Officer on a case-by-case basis to be technologically feasible and cost-effective, including transfers of technology from another category of source, or
(D) The most stringent emission limitation, or the most effective emission control device or control technique, contained in any State Implementation Plan (SIP) approved by the federal Environmental Protection Agency for such emission unit category, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation or technique has not been proven in field application, that it is not technologically feasible or that it is not cost-effective.
(ii) For modified emission units, the entire emission unit's post-project potential to emit shall be subject to BACT, except as follows. The provisions of this Subsection (c)(10)(ii) shall not apply to relocated or replacement emission units.
 
(A) BACT applies to the emissions increase associated with the modification and not the emission unit's entire potential to emit, if control technology, an emission limit or other emission controls meeting the BACT definition was previously applied to the unit.
(B) BACT applies to the emission units's entire potential to emit, if the emission unit was previously subject to BACT, but BACT was determined to not be cost-effective, technologically feasible or proven in field application.
(C) BACT applies to the emissions increase associated with the emission unit and not the emission unit's entire potential to emit if the emission increase associated with the modification is less than 25 percent of the emission unit's pre-project potential to emit and if the project's emission increase is less than the major modification thresholds of Table 20.1-5.
(iii) In no event shall application of BACT result in the emission of any air contaminant which would exceed the emissions allowed by any District rule or regulation, or by any applicable standard under 40 CFR Part 60 (New Source Performance Standards) or 40 CFR Part 61 (National Emission Standards for Hazardous Air Pollutants). Whenever feasible, the Air Pollution Control Officer may stipulate an emission limit as BACT instead of specifying control equipment. In making a BACT determination, the Air Pollution Control Officer shall take into account those environmental and energy impacts identified by the applicant.

         Regulation II, Rule 20.1(c)(10). (Adopted: May 17, 1994; superseded May 15, 1996)
"Best Available Control Technology (BACT)" means and is applied as follows:
             
(i) The Lowest emitting of any of the following:
 
(A) The most stringent emission limitation, or the most effective emission control device or control technique, which has been proven in field application and which is cost- effective for such emission unit, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations, device or control technique is not technologically feasible, or
(B) Any emission control device, emission limitation or control technique which has been demonstrated but not necessarily proven in field application, and which is cost- effective, as determined by the Air Pollution Control Officer, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation, device or control technique is not technologically feasible, or
(C) Any alternative basic equipment, replacement of an emission unit with a lower emitting emission unit, installation of control equipment, process modifications, changes in raw material including alternative fuels, and substitution of equipment or processes with alternative equipment or processes, or any combination of these, determined by the Air Pollution Control Officer on a case-by-case basis to be technologically feasible and cost-effective, including transfers of technology from another category of source, or
(D) The most stringent emission limitation, or the most effective emission control device or control technique, contained in any State Implementation Plan (SIP) approved by the federal Environmental Protection Agency for such emission unit category, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation or technique has not been proven in field application, that it is not technologically feasible or that it is not cost-effective.
(ii) For modified emission units, the entire emission unit's post-project potential to emit shall be subject to BACT, except as follows. The provisions of this Subsection (c)(10)(ii) shall not apply to relocated or replacement emission units.
 
(A) BACT applies to the emissions increase associated with the modification and not the emission unit's entire potential to emit, if control technology, an emission limit or other emission controls meeting the BACT definition was previously applied to the unit.
(B) BACT applies to the emission units's entire potential to emit, if the emission unit was previously subject to BACT, but BACT was determined to not be cost-effective, technologically feasible or proven in field application.
(C) BACT applies to the emissions increase associated with the emission unit and not the emission unit's entire potential to emit if the emission increase associated with the modification is less than 25 percent of the emission unit's pre-project potential to emit.
(iii) In no event shall application of BACT result in the emission of any air contaminant which would exceed the emissions allowed by any District rule or regulation, or by any applicable standard under 40 CFR Part 60 (New Source Performance Standards) or 40 CFR Part 61 (National Emission Standards for Hazardous Air Pollutants). Whenever feasible, the Air Pollution Control Officer may stipulate an emission limit as BACT instead of specifying control equipment. In making a BACT determination, the Air Pollution Control Officer shall take into account those environmental and energy impacts identified by the applicant.

         Regulation II, Rule 20.1(b)(8). (Adopted: December 15, 1987; superseded May 17, 1994)
"Best Available Control Technology" (BACT) means the maximum degree of air contaminant emission reduction which the Air Pollution Control Officer determines is achievable, on a case-by- case basis, taking into account technology which is demonstrated but not necessarily proven in field application.

         Regulation II, Rule 20.1(c) (28). (Adopted: May 15, 1996)
"Lowest Achievable Emission Rate (LAER)" means and is applied as follows:
             
(i) The lowest emitting of any of the following:
 
(A) The most stringent emission limitation, or most effective emission control device or control technique, contained in any State Implementation Plan (SIP) approved by the federal Environmental Protection Agency for such emission unit category, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such emission limitation or technique is not achievable, or
(B) The most stringent emission limitation which is achieved in practice by such class or category of emission unit, or
(C) Best Available Control Technology (BACT).
(ii) For modified emission units, the entire emission unit's post-project potential to emit shall be subject to LAER, except as follows. The provisions of this Subsection (c)(28)(ii) shall not apply to relocated or replacement emission units.
 
(A) For existing emission units, LAER applies to the emissions increase associated with the modification and not the emission unit's entire potential to emit, if control technology, an emission limit or other emission controls meeting the LAER or BACT definition was previously applied to the unit.
(B) For existing emission units, LAER applies to the emission unit's entire potential to emit, if the emission unit was previously subject to BACT, but BACT was determined to not be cost-effective, technologically feasible or proven in field application.
(C) or existing emission units, LAER applies to the emissions increase associated with the emission unit and not the emission unit's entire potential to emit if the emissions increase associated with the modification is less than 25 percent of the emission unit's pre-project potential to emit and if the project's emission increase is less than the major modification thresholds of Table 20.1-5.
(iii) In no event shall application of LAER result in the emission of any air contaminant which would exceed the emissions allowed by any District rule or regulation, or by any applicable standard under 40 CFR Part 60 (New Source Performance Standards) or 40 CFR Part 61 (National Emission Standards for Hazardous Pollutants) as they exist on May 17, 1994.

         Regulation II, Rule 20.1(c) (28). (Adopted: May 17, 1994; superseded May 15, 1996)/)
"Lowest Achievable Emission Rate (LAER)" means and is applied as follows:
             
(I) The lowest emitting of any of the following:
 
(A) The most stringent emission limitation, or most effective emission control device or control technique, contained in any State Implementation Plan (SIP) approved by the federal Environmental Protection Agency for such emission unit category, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such emission limitation or technique is not achievable, or
(B) The most stringent emission limitation which is achieved in practice by such class or category of emission unit, or
(C) Best Available Control Technology (BACT).
(ii) For modified emission units, the entire emission unit's post-project potential to emit shall be subject to LAER, except as follows. The provisions of this Subsection (c)(28)(ii) shall not apply to relocated or replacement emission units.
 
(A) For existing emission units, LAER applies to the emissions increase associated with the modification and not the emission unit's entire potential to emit, if control technology, an emission limit or other emission controls meeting the LAER or BACT definition was previously applied to the unit.
(B) For existing emission units, LAER applies to the emission unit's entire potential to emit, if the emission unit was previously subject to BACT, but BACT was determined to not be cost-effective, technologically feasible or proven in field application.
(C) For existing emission units, LAER applies to the emissions increase associated with the emission unit and not the emission unit's entire potential to emit if the emissions increase associated with the modification is less than 25 percent of the emission unit's pre-project potential to emit.
(iii) In no event shall application of LAER result in the emission of any air contaminant which would exceed the emissions allowed by any District rule or regulation, or by any applicable standard under 40 CFR Part 60 (New Source Performance Standards) or 40 CFR Part 61 (National Emission Standards for Hazardous Pollutants) as they exist on May 17, 1994.

         Regulation II, Rule 20.1(b)(22). (Adopted: December 15, 1987)
"Lowest Achievable Emission Rate" (LAER) means for any source that rate of emission which reflects the more stringent of the following:
             
(i) The most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable, or
(ii) The lowest emission level which is achieved in practice by such class or category of source.
         In no event shall application of LAER result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 (New Source Performance Standards) and 61(National Emission Standard for Hazardous Pollutants).


25. San Joaquin Valley Unified Air Pollution Control District

         Regulation II, Rule 2201.3.8 (Adopted: December 17, 1992)
Best Available Control Technology (BACT): is the most stringent emission limitation or control technique of the following:
             
3.8.1    Has been achieved in practice for such emissions unit and class of source; or
3.8.2    Is contained in any State Implementation Plan approved by the Environmental Protection Agency for such emissions unit category and class of source. A specific limitation or control technique shall not apply if the owner or operator of the proposed emissions unit demonstrates to the satisfaction of the APCO that such limitation or control technique is not presently achievable; or
3.8.3    Is any other emission limitation or control technique, including process and equipment changes of basic or control equipment, found by the APCO to be technologically feasible for such class or category of sources or for a specific source, and cost effective as determined by the APCO.


26. San Luis Obispo County Air Pollution Control District

         Regulation I, Rule 105.9 (Adopted: November 5, 1991)
Best Available Control Technology (BACT) - The most stringent emission limitation or control technique which:
             
a. has been achieved in practice for such permit unit category or class or [of] source; or
b. is contained in any state implementation plan (SIP) approved by the United States Environmental Protection Agency (EPA) for such permit unit category or class of source. A specific limitation or control technique shall not apply if the owner or operator of the proposed permit unit demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation or control techniques is not presently achievable; or
c. is any other emission limitation or control technique, including process and equipment changes of basic and control equipment, found by the Air Pollution Control Officer to be technologically feasible for such class or category of sources or for a specific source, and cost-effective as compared to measures as listed in the Clean Air Plan (CAP) or rules adopted by the Board.


27. Santa Barbara County Air Pollution Control District

         Santa Barbara Co. APCD recently adopted two definitions for BACT, one for NSR and the other for PSD.

Regulation VIII, Rule 802.C.2. NSR. (Adopted: April 17, 1997)
For any stationary source subject to this Rule, Best Available Control Technology shall be the more stringent of:
             
a. The most effective emission control device, emission limit, or technique which has been achieved in practice for the type of equipment comprising such stationary source; or
b. The most stringent limitation contained in any State Implementation Plan; or
c. Any other emission control device or technique determined after public hearing to be technologically feasible and cost-effective by the Control Officer.

         Regulation VIII, Rule 803.D.2. PSD. (Adopted: April 17, 1997)
For any stationary source subject to this Rule, Best Available Control Technology shall be an emission limitation based on the maximum degree of reduction for each pollutant which would be emitted from any new or modified stationary source, which on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of Best Available Control Technology result in emissions which would exceed the emissions allowed under the applicable New Source Standards of Performance.

        Santa Barbara County Air Pollution Control District rules and regulations previously had two BACT definitions. According to district officials, the definition in the general definitions of the rules was not used. The definition used for the purposes of NSR was given in Regulation IV, Rule 205.C.1.a.6.

         Regulation I, Rule 102.F. General Provisions (Adopted: July 1979; superseded: April 17, 1997)
Best Available Control Technology (BACT) "Best Available Control Technology" is defined as:
             
1. For sources emitting 5 pounds/hour or more but less than 10 pounds/hour, of any pollutant, the most effective emissions control technique which takes into account energy, environmental and economic impacts and which the applicant demonstrates is achievable to the Control Officer.
2. For sources emitting 10 pounds/hour or more of any pollutant, the more stringent of the following:
 
a. The most effective emissions control technique which has been achieved in practice for such category or class of source; or
b. Any other emissions control technique found, after public hearing by the Control Officer or the Air Resources Board to be technologically feasible and cost effective for such class or category of sources or for a specific source; or
c. The most effective emission limitation which is contained in the implementation plan of any state approved under the Clean Air Act for such class or category or [of] source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the Control Officer that such limitations are not achievable.
3. In no event shall the emission rate reflected by the control technique or limitation exceed the amount allowable under any other Rule of the District.
4. With respect to sources emitting 5 to 10 pounds/hour and as to pollutants for which the area of the proposed new or modified source is not classified as non-attainment, BACT shall not be interpreted to include a requirement which will result in the closing or elimination of, or the inability to construct or modify, a lawful business.

         Regulation IV, Rule 205.C.1.a.6. NSR. (Adopted: August 8, 1988; superseded: April 17, 1997)
Best Available Control Technology (BACT) "Best Available Control Technology" is defined as: Best Available Control Technology: For any stationary source, the more stringent of:
             
a. The most effective emission control device, emission limit, or technique which has been achieved in practice for the type of equipment comprising such stationary source; or
b. Any other emission control device or technique determined after public hearing to be technologically feasible and cost-effective by the Air Pollution Control Officer. Under no circumstances shall Best Available Control Technology be determined to be less stringent than the emission control required by any applicable provision of District, state, federal or Air Resources Board laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.


28. Shasta County Air Quality Management District

         Rule 2.1, Part 205 (Adopted: March 10,1992)
Best Available Control Technology (BACT): For any emissions unit the more stringent of:
             
a) The most effective emission control device, emission limit, or technique that has been required or used for the type of equipment comprising such emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer (APCO) that such limitations are not achievable; or
b) Any other emission control device or technique, alternative basic equipment, different fuel or process, determined to be technologically feasible and cost-effective by the APCO. The cost- effective analysis shall be performed in accordance with the methodology and criteria specified by the APCO;
c) Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, or federal laws or regulations, unless the applicant demonstrates to the satisfaction of the APCO that such limits are not achievable.


29. Siskiyou County Air Pollution Control District

         Regulation 1, Rule 1.2(B2). (Adopted: November 25, 1986)
Best Available Control Technology (BACT):
For any stationary source, the more stringent of:
             
1. The most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such stationary source unless the applicant demonstrates to the satisfaction of the Control Officer that such limitations are not achievable; or
2. Any other emission control device or technique determined to be technologically feasible and cost-effective by the Control Officer.
         Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, or Federal laws or regulations, unless the applicant demonstrates to the satisfaction of the Control Officer that such limitations are not achievable.


30. South Coast Air Quality Management District

         California Health and Safety Code Section 40405 (added to code in 1987) as required by California Health and Safety Code Section 40440.11(c)(1) (added to code in 1995). Note, criteria in Section 40440.11 are state criteria for South Coast AQMD BACT guideline.
Definition of Best Available Control Technology
           40405.
(a) As used in this chapter, "best available control technology" means an emission limitation that will achieve the lowest achievable emission ratefor the source to which it is applied. Subject to subdivision (b), "lowest achievable emission rate," as used in this section, means the more stringent of the following:
 
(1) The most stringent emission limitation that is contained in the state implementation plan for the particular class or category of source, unless the owner or operator of the source demonstrates that the limitation is not achievable.
(2) The most stringent emission limitation that is achieved in practice by that class or category of source.
(b) "Lowest achievable emission rate" shall not be construed to authorize the permitting of a proposed new source or a modified source that will emit any pollutant in excess of the amount allowable under the applicable new source standards of performance

         Regulation XX, Rule 2000(c)(8) for RECLAIM sources. (Adopted: December 7, 1995)
BEST AVAILABLE CONTROL TECHNOLOGY (BACT) means the most stringent emission limitation or control technique which: (A) has been achieved in practice for such category or class of source; (B) is contained in any state implementation plan (SIP) approved by the Environmental Protection Agency (EPA) for such category or class of source; or (C) is any other emission limitation or control technique, including process and equipment changes of basic or control equipment which is technologically feasible for such class or category of source or for a specific source, and cost-effective as compared to AQMP measures or adopted District rules. A specific limitation or control technique shall not apply if the Facility Permit holder demonstrates that such limitations or control technique is not presently achievable. BACT shall be at least as stringent as Standards of Performance for New Stationary Sources (40 CFR Part 60).

Regulation XX, Rule 2000(c)(5) for RECLAIM sources. (Adopted: October 15, 1993; superseded December 7, 1995)
BEST AVAILABLE CONTROL TECHNOLOGY (BACT) means the most stringent emission limitation or control technique which: (A) has been achieved in practice for such category or class of source; (B) is contained in any state implementation plan (SIP) approved by the Environmental Protection Agency (EPA) for such category or class of source; or (C) is any other emission limitation or control technique, including process and equipment changes of basic or control equipment which is technologically feasible for such class or category of source or for a specific source, and cost-effective as compared to AQMP measures or adopted District rules. A specific limitation or control technique shall not apply if the Facility Permit holder demonstrates that such limitations or control technique is not presently achievable.

Regulation XIII, Rule 1302(f) for non-RECLAIM sources. (Adopted: December 7, 1995; superseded December 7, 1995)
Best Available Control Technology (BACT) means the most stringent emission limitation or control technique which:
             
(1) has been achieved in practice for such permit unit category or class of source; or
(2) is contained in any state implementation plan (SIP) approved by the United States Environmental Protection Agency (EPA) for such category or class of source. A specific limitation or control technique shall not apply if the owner or operator of the proposed source demonstrates to the satisfaction of the Executive Officer or designee that such limitation or control technique is not presently achievable; or
(3) is any other emission limitation or control technique, found by the Executive Officer or designee to be technologically feasible for such class or category of sources of for a specific source, and cost-effective as compared to measures as listed in the Air Quality Management Plan (AQMP) or rules adopted by the District Governing Board.

         Regulation XIII, Rule 1302(d). (Adopted: May 3, 1991, now superseded)
Best Available Control Technology (BACT) means the most stringent emission limitation or control technique which:
             
(1) has been achieved in practice for such permit unit category or class of source; or
(2) is contained in any state implementation plan (SIP) approved by the Environmental Protection Agency (EPA) for such permit unit category or class of source. A specific limitation or control technique shall not apply if the owner or operator of the proposed permit unit demonstrates to the satisfaction of the Executive Officer that such limitation or technique is not presently achievable; or
(3) is any other emission limitation or control technique, including process and equipment changes of basic or control equipment, found by the Executive Officer to be technologically feasible for such class or category of sources or for a specific source, and cost-effective as compared to measures as listed in the AQMP or rules adopted by the Board.


31. Tehama County Air Pollution Control District

         Regulation II, Rule 2:3A.D. (Adopted: June 7, 1994)
Best Available Control Technology (BACT): For any emissions unit the more stringent of:
             
1. The most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable; or
2. Any other emission control device or technique, alternative basic equipment, different fuel or process, determined to be technologically feasible and cost-effective by the Air Pollution Control Officer. The cost effective analysis shall be performed in accordance with the methodology and criteria specified by the Air Pollution Control Officer;
3. Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, or Federal laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.

         Regulation II, Rule 2.3 .A, Part 305 (Adopted: September 10, 1985, Superseded June 7, 1994)
Best Available Control Technology (BACT)
For any stationary source, the more stringent of:
             
305.1 The most effective emission control device, emission limit, or technique which has been required or used for the type of equipment comprising such stationary source, considering application feasibility and cost effectiveness, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable; or
305.2 Any other emission control device or technique, determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.
         Under no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of District, State, or Federal laws or regulations, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.


32. Tuolumne County Air Pollution Control District

         Rule 102. (Adopted: September 10, 1985)
Best Available Control Technology. An emission limitation, based on the maximum degree of reduction for a criteria pollutant or precursor which would be emitted from any source or modification which the Air Pollution Control Officer, on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for such source or modification through application of production processes or available control methods, systems, and techniques, for such pollutant. In no case shall application of best available control technology result in emissions of any pollutant or precursor which would exceed the emissions allowed by 40 CFR Part 60 and 61. If the Air Pollution Control Officer determines that technological or economic limitations on the application of measurement technology to a particular class of sources would make the imposition of an emission standard infeasible, he may instead prescribe a design [,] equipment, work practice or operations standard, or combination thereof. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

Rule 102 (Adopted September 10, 1985)
Lowest Achievable Emission Rate. For any source, the most stringent of:
             
A. The most effective emission limitation which the Environmental Protection Agency certified is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the Air Pollution Control Officer that such limitation is not achievable; or
B. The most effective emissions control technique which has been achieved in practice, for such category or class of source; or
C. Any other emissions control technique found, after public hearing, by the Air Pollution Control Officer to be technologically feasible and cost-effective for such class or category of sources or for a specific source.

         In no event shall the application of lowest achievable emission rate allow for emissions in excess of those allowable under 40 CFR Part 60.


33. Ventura County Air Pollution Control District

         Rule 26.1.3 (Adopted: February 13, 1996)
"Best Available Control Technology (BACT)": The most stringent emission limitation or control technology for an emissions unit which:
             
a. Has been achieved in practice for such emissions unit category, or]
b. Is contained in any implementation plan approved by the Environmental Protection Agency for such emissions unit category. A specific limitation or control shall not apply if the owner or operator of such emissions unit demonstrates to the satisfaction of the Air Pollution Control Officer (APCO) that such limitation or control technology is not presently achievable, or
c. Is contained in any applicable New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants set forth in 40 CFR Parts 60 and 61, or
d. Any other emission limitation or control technology, including, but not limited to, replacement of such emissions unit with a lower emitting emissions unit, application of control equipment or process modifications, determined by the APCO to be technologically feasible for such emissions unit and cost effective as compared to the BACT cost effectiveness threshold adopted by the Ventura County Air Pollution Control Board.
         In defining emissions unit categories, the APCO may take into account the function of the emissions unit, the capacity of the emissions unit, the annual throughput of the emissions unit and the location of the emissions unit with respect to electricity or fuels needed to achieve an emission limitation or control technology.
         Rule 26.1. (Adopted: October 22,1991, superseded)
"Best Available Control Technology (BACT)": The most stringent emission limitation or control technology for an emissions unit which:
             
a. Has been achieved in practice for such emissions unit and class of source; or
b. Is contained in any implementation plan approved by the Environmental Protection Agency for such emissions unit category. A specific limitation or control shall not apply if the owner or operator of such emissions unit demonstrates to the satisfaction of the Air Pollution Control Officer (APCO) that such limitation or control technology is not presently achievable; or
c. Any other emission limitation or control technology, including, but not limited to, replacement of such emissions unit with a lower emitting emissions unit, application of control equipment or process modifications, determined by the APCO to be technologically feasible for such emissions unit and cost-effective as compared to the BACT cost- effectiveness threshold adopted by the Ventura County Air Pollution Control Board.
         In defining emissions unit categories, the APCO may take into account the function of the emissions unit, the capacity of the emissions unit, the annual throughput of the emissions unit and the location of the emissions unit with respect to electricity or fuels needed to achieve an emission limitation or control technology.


34. Yolo-Solano County Air Quality Management District

         Regulation III, Rule 3.4.207. (Adopted: September 22, 1993)
Best Available Control Technology (BACT)
         207.1 For any emission unit the most stringent of:
          
a. The most effective emission control device, emission limit, or technique singly or in combination, which has been required or used for the type of equipment comprising such an emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations required on other sources have not been demonstrated to be achievable.
b. Any alternative basic equipment, device or technique, singly or in combination, determined to be technologically feasible and cost-effective by the Air Pollution Control Officer.
c. For replacement equipment only, the emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by each class or category of source
         207.2 Under no circumstances shall BACT be determined to be less stringent than the emission control required by an applicable provision of district, state or federal laws or regulations unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable.

         Regulation III, Rule 3.4 (11). (Adopted: July 26,1979)
Best Available Control Technology (BACT):
Best Available Control Technology means for any source the more stringent of:
         a) The most effective control technique which has been achieved in practice, for such category or class of source, and which for sources locating in and impacting an attainment area, takes into account energy, environmental and economic impacts and other costs; or
         b) Any other emissions control technique found by the Air Pollution Control Officer or the Air Resources Board to be technologically feasible and cost effective for such class or category of sources; or
         c) For pollutants which exceed the national ambient air quality standard in the district, the most effective emission limitation which the EPA certifies is contained in the implementation plan of any state approved under the Clean Air Act for such class or category of source, unless the owner or operator of the proposed source demonstrates to the satisfaction of the APCO that such limitations are not achievable.

Best Available Control Technology (BACT) Clearinghouse Program