The Ohio EPA's Division of Air Pollution Control has revised its February 19, 2010 memo that describes DAPC's approach to determining BAT for sources that qualify for the <10 ton/yr BAT exemption. The revised memo was issued on July 2, 2010 and is effective immediately.
The memo re-do was required by the U.S. District Court's February 2, 2010 decision in Sierra Club v. Christopher Korleski, Director of Ohio EPA, which required the Director to implement and enforce Ohio Administrative Code 3745-31-45 as contained in the USEPA approved State Implementation Plan.