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Permitting Improvements and BAT

Michael Hopkins, P.E., Assistant Chief, DAPC. Permitting Improvements and BAT. Topics. GP Development PBR Updates Other Updates Short BAT History <10 ton/yr BAT Exemption Status >10 ton/yr BAT Status. Permitting Improvements – GPs. Aggregate Industry GP Development.

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Permitting Improvements and BAT

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  1. Michael Hopkins, P.E., Assistant Chief, DAPC Permitting Improvements and BAT

  2. Topics • GP Development • PBR Updates • Other Updates • Short BAT History • <10 ton/yr BAT Exemption Status • >10 ton/yr BAT Status

  3. Permitting Improvements – GPs

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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 • JennyAvellana is the lead contact

  10. Other GP issues • Will need to update severalGPs due to SB265/MACTs/rule changes • Have not yet gotten “volunteers” to work on these.

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. (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

  18. (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

  19. BAT Update

  20. Short History • 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

  21. 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.

  22. <10 ton/yr BAT Exemption

  23. December 1, 2006 BAT Changes • 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

  24. <10 tons/yr Exemption Problems • 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

  25. Sierra Club v. Korleski • 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

  26. 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

  27. Ohio EPA Response • 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

  28. <10 ton Exemption Guidance • 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

  29. Dual Language Terms • 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

  30. >=10 ton BAT

  31. Post 08/03/09 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

  32. How do you determine 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

  33. RACT Rule Review for VOC and NOx • 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

  34. RACT Rule Review for VOC and NOx • 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

  35. Case-by-Case BAT • 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

  36. Case-by-Case BAT • 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

  37. Case-by-Case BAT Format Example • Uncontrolled Combustion Turbine • Determined past BAT was 5.7 lbs PM/hour uncontrolled • Find “combustion Turbine” in BAT Emission Limit Format Table

  38. 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

  39. Case-by-Case BAT • 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

  40. >10 ton/yr BAT Rule Status • 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

  41. What to do? • If you have any questions, talk to CO contact • Expect changes to occur • We will let you know when we know • Questions

  42. Wrap-up • Additional information: • http://www.epa.state.oh.us/dapc/page/whatsnew.html • Questions?

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