Air - May 21, 2013

Best Available Technology (BAT) - Recent Developments in Ohio

On Thursday, May 2, 2013, Ohio EPA released proposed revisions to its “Best Available Technology (BAT) Policy for sources installed or modified on or after August 3, 2009" (December 10, 2009). At the same time, Ohio EPA released proposed revisions to portions of Ohio Administrative Code (OAC) rule 3745-31-05. Both of these revisions are intended to more fully implement changes to Ohio Revised Code (ORC) 3704.03 brought about by Senate Bill 265 in 2006.

Ohio EPA instructed interested parties to provide comments and suggestions concerning these proposed changes by Friday, May 31, 2013. The proposed changes can be found here.

Also, on May 8, 2013 the Environmental Review Appeals Commission (ERAC) rendered a ruling pertaining to the specification of BAT in the terms and conditions of permits issued by Ohio EPA. This ruling concludes that ORC 3704.03(T) requires that the Director of Ohio EPA express BAT in one of four possible manners:

(1) Work practices;

(2) Source design characteristics or design efficiency or applicable air contaminant control devices;

(3) Raw material specifications or throughput limitations averaged over a twelve-month rolling period;

(4) Monthly allowable emissions averaged over a twelve-month rolling period.

A copy of the ERAC’s BAT decision can be found at: ERAC Martin Marietta et al Ruling issued 5-8-13b.pdf