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On April 12, 2019, US Environmental Protection Agency (EPA) approved revisions to Ohio's State Implementation Plan (SIP) to exempt low emitting sources [with potential to emit less than 10 tons per year (tpy) of each criteria pollutant] from the need to employ Best Available Technology (BAT). This less than 10 tpy BAT exemption was included in Senate Bill 265 (SB265) which became effective August 3, 2006. Ohio EPA began applying this exemption for sources installed or modified after this date. However, the February 2, 2010 court ruling in Sierra Club v. Christopher Korleski, Director of Ohio EPA, required that Ohio EPA include BAT requirements for less than 10 tpy until the SIP was approved. Therefore, Ohio EPA began issuing permits for sources that would qualify for this exemption with bifurcation language stating that once the SIP is approved the BAT limits would no longer be applicable. The approved SIP language is found in Ohio Administrative Code (OAC) rule 3745-31-05(A)(3)(a)(ii), and reads:

"BAT is not required if the air contaminant source was installed or modified on or after August 3, 2006 and has the potential to emit (PTE), taking into account air pollution controls installed on the source, less than ten tons per year of emissions of an air contaminant or precursor or an air containment for which a national ambient air quality standard has been adopted under the Clean Air Act."

The final rule became effective on May 13, 2019. If you have any questions about this exemption and how this may apply to sources at your facility, contact call Ellen Hewitt in Trinity's Ohio office at (614) 433-0733 .