Senate Bill 265 of the 126th General Assembly (SB265)
General Information
On August 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 newly amended statute affects the way Ohio EPA regulates smaller emitting sources in several categories. Text of the newly amended statute can be found below with updates on Ohio EPA's implementation, rule making and guidance regarding the program changes.
Table of Contents
Guidance: ORC 3704.03(T) - Best Available Technology Guidance - March 2008
Contact: Andrew Hall
December 10, 2009: DAPC has issued a policy that describes how BAT should be determined for sources installed or modified on or after August 3, 2009. The policy was issued in order to provide guidance to those applying for and reviewing permits concerning the applicability of BAT. The policy will apply until such time as formal rules can be promulgated or unitl the policy is revised.
Best Available Technology (BAT) Policy for sources installed or modified on or after August 3, 2009 [PDF]
Court Decision Concerning the Less Than Ten Ton per Year Exemption
February 2, 2010: The U.S. District Court for the Southern District of Ohio issued a ruling in Sierra Club v. Christopher Korleski, Director of Ohio EPA. This ruling has significant ramifications concerning the processing of permits when it comes to determining BAT for suorces less than 10 tons/year.
The Division of Air Pollution Control has reviewed the U.S. District Court ruling. Based on this review, DAPC believes the main impact of this ruling involved the determination of BAT for sources that qualify for less than 10 ton/yr BAT exemption (<10 exemption). In this ruling, the U.S. District Court instructed the Director to implement and enforce Ohio Administrative Code (OAC) 3745-31-05 as contained in the U.S. EPA approved State Implementation Plan (SIP). Since the currently approved SIP does not contain the <10 exemption, the <10 exemption cannot be used at this time. Therefore, case-by-case BAT must be determined for new or modified sources until such time as the exemption becomes approved as part of the SIP.
Ohio EPA has issued a memo to staff that described how Ohio EPA will respond to the court's decision. A copy of the memo can be obtained by clicking on the link below:
Permit Processing After U.S. District Court <10 Ton/Yr Exemption Decision Memo Dated February 19, 2010. Note: this memo has been replaced by the July 2, 2010 memo described below.
JULY 2, 2010 UPDATE
Ohio EPA has issued a revised memo staff that describes how permit writers are to develop BAT for < 10 Ton/Yr sources. This revised memo was revised to release the restriction concerning processing renewals of permits in addition to some other minor changes.
Permit Processing After U.S. District Court < 10 Ton/Yr Exemption Decision Memo Dated July 2, 2010.
For questions or comments concerning this page, contact Mike Hopkins.