Permitting Improvements and BAT

Michael Hopkins, P.E., Assistant Chief, DAPC

GP Development PBR Updates Other Updates Short BAT History <10 ton/yr BAT

Exemption Status >10 ton/yr BAT

Status

Topics

Permitting Improvements – GPs

Aggregate Industry GP Development

Have spent last 2 years developing GPs for typical quarry operations

Includes: Compression ignition (diesel) engines (12) Mineral Extraction (1) Permanent aggregate processing plants (1) Portable aggregate processing plants (1)

15 different GPs

Aggregate Industry GP Development

Multiple rounds of comments/revisions with industry/others

Multiple updates to NSPS/MACT caused multiple revisions

Changes in BAT caused other revisions

Compression Ignition Engine GPs

October 26 issued 12 Model General Permits for comment

Multiple groups of compression ignition (diesel) engines

Range from 50 to 1100 HP

Compression Ignition Engine GPs

Multiple variations that follows NSPS Subpart IIII and MACT Subpart ZZZZ

See: http://www.epa.ohio.gov/dapc/genpermit/genpermits.aspx for details

Comment period closed November 29. Hope to have final early 2011 Contact Cheryl Suttman

Extraction and Processing GPs

Received comments from IP Made revisions including SB265 changes Currently with industry group for final

comments Hope to have IP out in December Hope to have final in 2011

Future GPs

Have group started for biomass digester facilities

Goal is to get developed early 2011 Expect to see multiple applications this

spring Currently working on initial draft terms Jenny Avellana is the lead contact

Other GP issues

Will need to update several GPs due to SB265/MACTs/rule changes

Have not yet gotten “volunteers” to work on these.

Permitting Improvements – PBRs

Revised 31-03 to: Update PBR for small and mid-size printing

facilities Revise emergency generator/air

compressor/water pump exemption and PBR to allow use emergency load response programs 

Effective Thursday, August 26th, 2010

Ohio NSR Reform Rules

02/25/10: U.S. EPA approves Ohio NSR Reform rules (75 FR 8496)

Originally filed October 2004 Now a part of our SIP

Update on PM2.5 Rule Changes

Feds issued revisions May 2008 Ohio EPA issued guidance in August 2008 DAPC issued IP rule package April 24,

2009 Need to finalize changes/revise per other

issues

Update on PM2.5 Rule Changes

10/20/10 U.S. EPA finalized PM2.5 PSD changes PSD Increments (Eff. 09/29/11???) Significant Impact Levels (start using) Significant Modeling Thresholds (start using)

Plan to incorporate into our PM2.5 rules

Update on PM2.5 Rule Changes

What about condensables? Methods 201A and 202 still not revised Feds working on Other Test Methods

OTM 27, (Constant Sampling Rate Procedure) OTM 28, (Dry Impinger Method)

Continue using August 2008 OEPA memo Exclude condensable for limits Collect condensable info

OAC rule 3745-21-09(U)(2)(f)

02/22/10 U.S. EPA proposed approval of past (U)(2)(f) approvals

No comments received Finalized 06/21/10 (75 FR 34939) Allows us to use new procedure for U2f

(U)(2)(f) Procedure

Company submits PTI application w/U2f study (similar to BAT/BACT study)

Ohio EPA sends study to U.S. EPA U.S. EPA reviews concurrent to Ohio EPA Ohio EPA issues draft

(U)(2)(f) Procedure

U.S. EPA OK’s issuance of final Ohio EPA issues final Ohio EPA submits U2f portion of permit to

U.S. EPA for SIP Work closely with CO permit contact

BAT Update

BAT began with permit program 1974 Key part of Ohio’s plan for 36 years Designed to ensure new sources install

state-of-the-art controls or use state-of-the-art methods

Historically has been a case-by-case determination

SB 265 implements significant changes to BAT

Short History

SB 265

SB 265 authors wanted certainty concerning BAT

Did not like not knowing BAT before applying for permit

After SB 265 became effective (08/06), Ohio EPA began working on revisions

Some rule revisions effective 12/06 Others were being worked on.

<10 ton/yr BAT Exemption

Modified OAC rule 3745-31-05, Criteria for Decision by the Director

Established exemption for <10 ton/yr controlled sources

DAPC began issuing permits w/o BAT for <10 ton/yr sources

Ohio EPA submitted SIP revision to USEPA

December 1, 2006 BAT Changes

U.S. EPA not yet supportive of SIP revision (Currently not in SIP)

Concerned change is backsliding Ohio EPA must show why not backsliding Difficult to prove See attached 06/05/08 U.S. EPA letter

<10 tons/yr Exemption Problems

Sierra Club filed suit to U.S. District Court, Southern District

Claims: Adopting and enforcing requirements less

stringent than SIP Anti-back sliding Failure to properly notice Failure to submit SIP support

Significant litigation time

Sierra Club v. Korleski

02/02/10 Magistrate Able grant’s Sierra Club's Motion for Reconsideration

Director can’t use BAT exemption until approved as part of federal SIP

See attached decision

Sierra Club v. Korleski

Ohio EPA suspends permit issuance for new and renewal sources

Ohio EPA drafts guidance

02/19/10 Ohio EPA issues guidance on <10 ton exemption issue

Ohio EPA Response

Can now issue installation permits (PTIs, PTIOs)

Must determine case-by-case BAT for all sources including <10 ton sources (no exemption allowed)

Write “dual” language term for the <10 ton sources.

Applies to new or modified, not yet renewals

<10 ton Exemption Guidance

Paragraph 1 Describes BAT using SIP-approved rule

(11/30/01 version of OAC Chapter 31) Describes that BAT no longer applies once

<10 ton rule is SIP approved Paragraph 2 – describes why BAT does

not apply once the <10 ton rule is SIP approved

See February 19, 2010 Permit Processing Memo page 2-3

Dual Language Terms

>=10 ton BAT

Memo issued December 10, 2009 Follows SB 265 approach BAT = MACT, BACT or LAER… If not, then BAT = RACT… If not, then case-by-case BAT

Post 08/03/09 BAT

Review 12/10/09 BAT Requirements Memo

Check to see if MACTs, BACT, LAER applies

If so, then establish BAT If not, then review RACT

rules

How do you determine BAT?

BACT,LAER ,MACT

Review 01/01/06 version of Chapter 21 for VOC limits

VOC limits apply anywhere in the state to the same size and type of source?

If so, then find most stringent, establish limit as BAT for VOC

If not, then move on to case-by-case approach for VOC

RACT Rule Review for VOC and NOx

RACT

Review existing OAC Chapter 110 (Nitrogen Oxides – Reasonable Available Control Technology rules)

NOx limits apply anywhere in the state to the same size and type of source?

If so, then find most stringent, establish limit as BAT for NOx

If not, then move on to case-by-case approach for NOx

RACT Rule Review for VOC and NOx

Step one – complete past case-by-case analysis for BAT (i.e., looking at similar source, cost-effectiveness etc.) for each criteria pollutant and each operating scenario

Determine past BAT

Case-by-Case BAT

Case-by-Case

Step two – determine the format for the limit Review BAT Emission Limit

Format Table for similar source Locate pollutant for the source,

then BAT Limit Format Convert the above limit into the

BAT limit format

Case-by-Case BAT

Case-by-Case

Uncontrolled Combustion Turbine

Determined past BAT was 5.7 lbs PM/hour uncontrolled

Find “combustion Turbine” in BAT Emission Limit Format Table

Case-by-Case BAT Format Example

Find PM for uncontrolled situation

Table says limit format should be X pounds PM/mmBtu

Convert 5.7 lbs/hr limit to lb/mmBtu limit

Case-by-Case BAT Format Example

BAT is determined to be the numerical limit in the determined format

Must do same approach for each criteria pollutant emitted in significant amounts

Must do same approach for each operating scenario

Only one BAT limit for each pollutant for each operating scenario

Case-by-Case BAT

Will need rules – memos not sufficient Will need to get in SIP… U.S. EPA will

need to approve Prescriptive approach on hold Court actions add to uncertainty Unclear when rules will be written

>10 ton/yr BAT Rule Status

If you have any questions, talk to CO contact

Expect changes to occur

We will let you know when we know

Questions

What to do?

Additional information: http://www.epa.state.oh.us/dapc/page/whatsn

ew.html Questions?

Wrap-up