EPA: “permitted” means “achievable” for BACT – Update by Hiser Joy

Posted by Eric L. Hiser

On August 31, 2022, the EPA issued “EPA Comments Concerning BACT Evaluations” in TCEQ Docket 2021-0942-AIR and SOAH Docket 582-22-0201 on the Port Arthur LNG natural gas liquefaction plant and export terminal.  In those comments, the EPA opposed in a pending administrate hearing the TCEQ Executive Director’s argument that technology be “demonstrated” to be considered “achievable,” stating that in EPA’s view, the grant of a permit requiring a technology is “sufficient” to demonstrate it will be available “soon” and hence is “available” for purposes of BACT.  EPA has uploaded these comments on to its NSR Policy and Guidance page.

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