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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Note that many of these documents are no longer current. These are listed as historical documents. The historical documents may have some guidance that is helpful for various situations concerning BAT, but they may or may not be applicable to today’s approach to BAT.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 If a permittee believes an approach or guidance provided in one of the historical documents is appropriate for their situation, please discuss this issue with your permit writer before making decisions based on that information.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.

BAT Requirements for Permits Issued On or After Feb. 7, 2014

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.