Best Available Technology (BAT) Rule Making Activity
What is BAT?
BAT is a case-by-case determination of an emission limit and/or control technique which, taking into account environmental, energy, and economic considerations, represents the maximum emission control achievable by any new or modified source of air pollution in Ohio. Currently, each new or modified source in Ohio that has potential emissions greater than ten tons per year of any criteria pollutant receives a case-by-case BAT determination during their new source review (NSR) permitting process. The primary purpose of this requirement is to assure that all new/modified sources are controlled with BAT at the time of source installation. This level of control is necessary to ensure that the ambient air impact of the new/modified source is minimized. When the impact of new/modified source is minimized, air quality is protected as much as possible with clean areas remaining attainment and nonattainment areas continuing progress toward the ambient air quality standards as expeditiously as possible. A secondary purpose of the BAT determination is to ensure that any new/modified source must meet uniform emission requirements for similar sources regardless of the proposed location.
Why are we changing our approach to establishing BAT requirements?
On August 3, 2006, Ohio Revised Code (ORC) 3704.03(T) was amended by Senate Bill 265 (SB265). As a result of the amendments, after August 3, 2009, for National Ambient Air Quality Standards (NAAQS) pollutants (or precursors), Ohio EPA will shift from a case-by-case determination of BAT to a rule-based approach. The legislative amendments state that for NAAQS pollutants, BAT shall “be required to the extent required by rules adopted” by Ohio EPA. Therefore, in the future, for NAAQS pollutants, Ohio EPA will only be able to apply BAT to a new or modified source based on an underlying rule that establishes BAT for source categories specified in the rule.
BAT has been a key tool in bringing Ohio into attainment and maintenance with the NAAQS at a more accelerated pace than would otherwise be possible. It is important to note that SB265 established that, as of August 3, 2009, It is also important to note that SB265 established that BAT can be no more stringent than that required by Best Available Control Technology (BACT), a Lowest Achievable Emission Rate (LAER) or a Maximum Achievable Control Technology (MACT) requirement, when these requirements apply.
What is Ohio EPA’s timeline and strategy for changing the approach?
Ohio EPA can continue to apply BAT under the current case-by-case approach in permits issued through August 3, 2009. Moving forward under a rule-based approach presents challenges to the Agency given the time allotted by the legislature to establish the requirements via rule. Historically there are numerous categories of sources for which BAT has applied. We want to ensure we initially focus on source categories that we, and you, think are important source categories that should continue to be controlled at BAT levels for NAAQS pollutants. Sifting through large number of source-specific BAT requirements will be resource intensive for the Agency. Due to limited resources and time, we will have to prioritize the promulgation of the rules necessary to apply BAT going forward. Our strategy includes the following
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Activity
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Timeline
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Identify and prioritize air pollution source categories that should be regulated through a BAT rule.
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Complete by December 2007
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Research and develop BAT strategy for top categories.
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Complete by September 2008
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Develop rule language for BAT strategies.
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Complete by November 2008
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Provide interested parties with draft rule language.
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Complete by December 2008
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Final BAT rules for top categories effective.
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Complete by August 2009
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Identify additional categories that need to be covered by the BAT rule and develop and promulgate additional rules for these categories.
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To be determined.
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Development of the BAT strategies and rules will be a resource intensive task and can vary from source category to source category. It may be possible that some categories are completed sooner than others. As we continue to complete our activities and refine our timeline we will update this website. We will also be providing opportunities for, and encouraging, public participation in this process.
How can I participate?
We will continue to update this website with opportunities to participate in this process.
October 17, 2007: Ohio EPA is requesting stakeholder input in developing a prioritized list of air contaminant source categories that we believe, and you believe, are important source categories that should continue to be controlled at BAT levels for NAAQS pollutants. We are requesting this information be submitted by November 14, 2007. For details on the information requested, how to complete the information, how to get help, and where to send the completed file, please read the letter to interested parties below. Also below is the file, as discussed in the letter, you will need to participate in this important process.
For questions or comments concerning this page, contact Jennifer Hunter