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Please see www.epa.gov/nsr for the latest information on EPA's New Source Review program.
January 11, 1990 BACT/LAER Determination Cut-off Date 8.43
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THE TEXT YOU ARE VIEWING IS A COMPUTER-GENERATED OR RETYPED VERSION OF A
PAPER PHOTOCOPY OF THE ORIGINAL. ALTHOUGH CONSIDERABLE EFFORT HAS BEEN
EXPENDED TO QUALITY ASSURE THE CONVERSION, IT MAY CONTAIN TYPOGRAPHICAL
ERRORS. TO OBTAIN A LEGAL COPY OF THE ORIGINAL DOCUMENT, AS IT
CURRENTLY EXISTS, THE READER SHOULD CONTACT THE OFFICE THAT ORIGINATED
THE CORRESPONDENCE OR PROVIDED THE RESPONSE.
8.43 Date: Janaury 11, 1990
MEMORANDUM SUBJECT: BACT/LAER Determination Cut-off Date
FROM: John S. Seitz, Director
TO: Air Management Division Directors
Air and Waste Management Division Director Region II
Air, Pesticides and Toxics Management Division
Air and Radiation Division Director
Air and Toxics Division Directors
The purpose of this memorandum is to affirm our present policy on the BACT/LAER determination cutoff date as stated in a February 24, 1989 memorandum on the subject. The BACT/LAER determination for a major new source is not set until the final permit is issued. We are affirming this policy after reviewing the Regional responses to the June 19, 1989 memorandum in which we agreed to revisit our BACT/LAER determination policy and asked the Regions to comment on an issue paper prepared by the Michigan Department of Natural Resources. The issue paper questioned the soundness of our present policy and suggested alternative BACT/LAER cutoff dates that would be earlier than the issuance of the final permit. Contrary to the assertions made in the issue paper, the Regions
indicated that BACT/LAER technology changes were not causing delays during the permitting process. The Regions emphasized that it is the responsibility of the source to investigate all available and pending control technologies for consideration as BACT or LAER. Hence, if the source has done a thorough investigation, a change in the permit conditions between the proposed and final permit should have been anticipated by the source. In addition, the Regions felt that establishing a cutoff date at any time prior to the public comment period would limit public participation and the ability of the public to affect changes in the proposed permit. Furthermore, the present policy encourages the source to commence construction as soon as possible and complete such construction within a reasonable time. Establishing a cutoff date prior to the issuance of a final permit would enable a source to maintain a BACT/LAER determination for an extended period of time until the permit is issued; thus, avoiding more stringent controls. After considering the above information, we have decided to affirm our present policy on the BACT/LAER determination cutoff date. If you have any questions on this matter, please contact Scott Throwe of may staff at FTS 382-2811.
cc: Gary McCutchen, NSR Section
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