Guidance Concerning Best Available Technology (BAT) Determinations under Senate Bill 265

On Aug. 3, 2006, amendment of Ohio Revised Code (ORC) 3704.03(F) became effective as a result of Senate Bill 265 of the 126th General Assembly (SB265). The amended statute affects the way Ohio EPA regulates smaller emitting sources in several ways, one of them being how BAT is determined and implemented. 

SB 265 has multiple parts and multiple effective dates. As these various parts became effective, Ohio EPA has issued and updated various guidance documents. As a result, there are multiple documents that deal with BAT under SB 265. 

This webpage is designed to bring all of those documents together in one place to make it easier to locate and use the documents. As such, in the below chart, we have listed all of the documents that have been issued by Ohio EPA concerning establishing BAT under SB 265. 

Note that many of these documents are no longer current. These are listed as historical documents. The historical documents may have some guidance that is helpful for various situations concerning BAT, but they may or may not be applicable to today’s approach to BAT. For instance, historical guidance may be used to determine BAT for a source that was installed in the past but was not permitted until recently. If a permittee believes an approach or guidance provided in one of the historical documents is appropriate for their situation, please discuss this issue with your permit writer before making decisions based on that information. Your permit writer can help decide the best approach for your particular situation. 

NEW!

On Feb. 7, 2014, Ohio EPA issued a guidance document titled, “BAT Requirements for Permits Issued On or After Feb. 7, 2014.”  This document supersedes the Aug. 30, 2013 "BAT Requirements for Permits Issued On or After Oct. 1, 2013" document. It contains multiple clarifications and corrections, multiple new questions-and-answers, revisions to the recommended approach to work practice BAT, the addition of a guidance document applicability chart, adjusting the no short-term BAT start date and other miscellaneous updates all based on comments and suggestions from users of the guide. 

SB 265 BAT Guidance Documents

Date

Status

Document Title

Description

Aug. 3, 2006  Historical
Senate Bill (SB) 265 Best Available Technology (BAT) Questions and Answers Draft - Aug. 3, 2006 [PDF] Initial guidance based on the passage of the 2006 SB 265
 
Sept. 9, 2006  Historical
Senate Bill (SB) 265 Best Available Technology (BAT) Questions and Answers Draft - Sept. 12, 2006  [PDF]
Revised guidance based on the passage of the 2006 SB 265
 

March 2008

Historical

Senate Bill (SB) 265 Best Available Technology (BAT) Questions and Answers - March 2008 [PDF]

Q&A concerning the initial implementation of SB 265 BAT

March 2008

 

BAT Decision Flow Chart [PDF]

Initial SB 265 BAT decision flow chart

March 2008

Historical

SB 265 PSD Examples [PDF]

Initial SB 265 BAT PSD example

March 2008

Historical

Example T&Cs - Roadways and Parking Areas with Applicable OAC Rules; Voluntary Restriction per OAC Rule 3745-3105(C) to Avoid BAT [PDF]

Initial SB 265 BAT roadways and parking areas example

March 2008

Historical

Example Changes Resulting from SB 265 for: Incinerator with Applicable SIP Rules; No BAT for Particulate Emissions due to SIP Limit; No BAT for All Other Criteria Pollutants Since Uncontrolled PTE Less Than 10 TPY for Each; Incinerators (Except for Hazardous Waste Incinerators) are Not Considered a "Process" Emissions Unit, Therefore OAC Chapter 3745-18 Does Not Apply [PDF]

Initial SB 265 BAT Incinerator example

March 2008

Historical

Example Changes Resulting from SB 265 for: Wood Waste Handling with Baghouse; No Applicable SIP or Federal Rules; Voluntary Restriction per OAC Rule 3745-31-05(C) to Avoid BAT [PDF]

Initial SB 265 wood waste handling example

Dec. 10, 2009

Historical

BAT Requirements for Permit Applications Filed On or After Aug. 3, 2009 - Dec. 10, 2009 [PDF]

SB 265 BAT guidance for sources installed on or after Aug. 3, 2009

Feb. 2, 2010

Historical

Sierra Club v. Christopher Korleski, Director of Ohio EPA [PDF]

Court order saying the Director must employ BAT for <10 ton sources until the State Implementation Plan (SIP) is approved

Feb. 19, 2010

Historical

Permit Processing After U.S. District Court <10 Ton/Yr Exemption Decision - Feb. 19, 2010 [PDF]

Initial guidance reacting to court decision for <10 ton sources

July 2, 2010

Current

Permit Processing After U.S. District Court <10 Ton/Yr Exemption Decision - July 2, 2010. [PDF]

Updated guidance discussing BAT for <10 ton sources

May 1, 2013

Historical

BAT Requirements for Permit Applications Filed On or After Aug. 3, 2009 - May 1, 2013, Draft for Comment [PDF]

Proposed change to SB 265 BAT guidance

May 1, 2013 

Historical

3745-31-05 - Criteria for Decision by the Director [PDF]

Proposed rule change intended to include SB 265 BAT language into the rule

Aug. 30, 2013

Historical

BAT Requirements for Permits Issued On or After Oct. 1, 2013 - Aug. 30, 2013 [PDF]

Updated guidance for SB 265 BAT mainly discussing >10 ton sources; updates include: no short term limits, “designed to meet” approach, limit opacity BAT, etc.

Feb. 7, 2014 

Historical

BAT Requirements for Permits Issued On or After Feb. 7, 2014 - Guidance Memo [PDF]

Shows the differences between the Aug. 30, 2013 BAT guidance and the Feb. 7, 2014 BAT guidance

Feb. 7, 2014

Current

BAT Requirements for Permits Issued On or After Feb. 7, 2014 - Interoffice Memo [PDF]

Updated guidance for SB 265 BAT mainly discussing >10 ton sources; updates include: multiple clarifications and corrections, multiple new Q&As, revisions to the recommended approach to work practice BAT, the addition of a guidance document applicability chart, adjusting the no short-term BAT start date, etc.

       

 

For questions or comments concerning this page, contact Mike Hopkins.