RULES: Chapter 3745-110, Nitrogen Oxides (NOx) - Reasonably Available Control Technology (RACT)
Public Notice
Proposed Rulemaking Governing
OAC Chapter 3745-110, Nitrogen Oxides (NOx) -
Reasonably Available Control Technology (RACT)
Notice is hereby given that the Director of Environmental Protection, under the authority of Sections 3704.03 of the Ohio Revised Code and in accordance with Chapter 119, proposes to amend the rules in Ohio Administrative Code (OAC) Chapter 3745-110, “Nitrogen Oxides (NOx) - Reasonably Available Control Technology (RACT)”.
Ohio Administrative Code (OAC) Chapter 3745-110 establishes requirements for emissions of nitrogen oxides (NOx) from very large, large, mid-size, and small boilers, stationary combustion turbines, stationary internal combustion engines, or reheat furnaces as defined in OAC rule 3745-110-01, or miscellaneous sources located at facilities that emit or have the potential to emit (PTE) a total of more than one hundred tons per year (TPY) (in the Cincinnati area) and fifty TPY PTE (in the Cleveland area) of NOx emissions from all sources at that facility. NOx is a precursor compound which can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act (CAA).
Ohio EPA is proposing to amend the following rules:
Rule # Title:
3745-110-01 Definitions.
3745-110-02 Applicability.
3745-110-03 RACT requirements and/or limitations for emissions of NOx from stationary sources.
3745-110-04 Compliance deadlines.
The purpose of this rule making is to update the definition of potential to emit in OAC rule 3745-110-01 to provide additional clarity regarding RACT applicability calculations. Ohio EPA will correct errors from amendments during a prior rule-making and better identify historical and current applicability to the requirements of the chapter in OAC rule 3745-110-02 and 3745-110-04. The change will correct the applicability back to the original intent of how the requirements in Chapter 110 apply to existing, new or modified stationary sources of NOx emissions.
Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required to consult with interested parties affected by the rules before the Division formally adopts them. On July 13, 2026, these rules went out for a 30-day review by interested parties. Please see the rule synopsis, available electronically at the web address below, for a complete summary of the proposed rule amendments.
Pursuant to Part D of Title I of the Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The above-mentioned rules and documents are a part of Ohio’s SIP and the proposed amendments will be submitted to USEPA as a modification of the SIP.
The public comment period will run until November 12, 2026. A public hearing on this proposed rulemaking will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. Ohio EPA will be holding an in-person and virtual public hearing on the rules on November 12, 2026, at 10:30 am. The in-person hearing will be at the same time and date and will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215. During the hearing, the public may submit written comments on the record about the proposed rules if participating virtually and verbally if participating in person.
Registration for the in-person hearing is not required. Citizens intending to give testimony at the hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2160 or by emailing mary.mccarron@epa.ohio.gov. Prior registration will ensure that registrants are heard ahead of those individuals who register at the hearing. Oral testimony may be limited to five minutes, depending on the number of persons testifying. All interested persons are entitled to attend or be represented and to present oral and/or written comments concerning the proposed rule making.
Written testimony submitted below or should be sent to the attention of Mandi Payton at the Office of Legal Services, P.O. Box 1049, Columbus Ohio 43216-1049 or can be emailed to amanda.payton@epa.ohio.gov. Written comments may also be submitted to the Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral testimony. All testimony received at the hearing or by close of business on November 12, 2026. will be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments submitted after this date may be considered as time and circumstances permit.
Questions regarding this rule package should be directed to Kathryn Jobe, at the Division of Air Pollution Control, at (614) 728-0671.
Public Notice
Proposed Rulemaking Governing
OAC Chapter 3745-110, Nitrogen Oxides (NOx) -
Reasonably Available Control Technology (RACT)
Notice is hereby given that the Director of Environmental Protection, under the authority of Sections 3704.03 of the Ohio Revised Code and in accordance with Chapter 119, proposes to amend the rules in Ohio Administrative Code (OAC) Chapter 3745-110, “Nitrogen Oxides (NOx) - Reasonably Available Control Technology (RACT)”.
Ohio Administrative Code (OAC) Chapter 3745-110 establishes requirements for emissions of nitrogen oxides (NOx) from very large, large, mid-size, and small boilers, stationary combustion turbines, stationary internal combustion engines, or reheat furnaces as defined in OAC rule 3745-110-01, or miscellaneous sources located at facilities that emit or have the potential to emit (PTE) a total of more than one hundred tons per year (TPY) (in the Cincinnati area) and fifty TPY PTE (in the Cleveland area) of NOx emissions from all sources at that facility. NOx is a precursor compound which can form ozone. Ozone is one of the six criteria pollutants for which a National Ambient Air Quality Standard (NAAQS) has been established under the Clean Air Act (CAA).
Ohio EPA is proposing to amend the following rules:
Rule # Title:
3745-110-01 Definitions.
3745-110-02 Applicability.
3745-110-03 RACT requirements and/or limitations for emissions of NOx from stationary sources.
3745-110-04 Compliance deadlines.
The purpose of this rule making is to update the definition of potential to emit in OAC rule 3745-110-01 to provide additional clarity regarding RACT applicability calculations. Ohio EPA will correct errors from amendments during a prior rule-making and better identify historical and current applicability to the requirements of the chapter in OAC rule 3745-110-02 and 3745-110-04. The change will correct the applicability back to the original intent of how the requirements in Chapter 110 apply to existing, new or modified stationary sources of NOx emissions.
Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required to consult with interested parties affected by the rules before the Division formally adopts them. On July 13, 2026, these rules went out for a 30-day review by interested parties. Please see the rule synopsis, available electronically at the web address below, for a complete summary of the proposed rule amendments.
Pursuant to Part D of Title I of the Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The above-mentioned rules and documents are a part of Ohio’s SIP and the proposed amendments will be submitted to USEPA as a modification of the SIP.
The public comment period will run until November 12, 2026. A public hearing on this proposed rulemaking will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. Ohio EPA will be holding an in-person and virtual public hearing on the rules on November 12, 2026, at 10:30 am. The in-person hearing will be at the same time and date and will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215. During the hearing, the public may submit written comments on the record about the proposed rules if participating virtually and verbally if participating in person.
Citizens who want to participate virtually must register in advance for the meeting at: Public Hearing: Proposed Rule for Nitrogen Oxides (NOx) - Reasonably Available Control Technology (RACT) (Statewide)
Registration for the in-person hearing is not required. Citizens intending to give testimony at the hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2160 or by emailing mary.mccarron@epa.ohio.gov. Prior registration will ensure that registrants are heard ahead of those individuals who register at the hearing. Oral testimony may be limited to five minutes, depending on the number of persons testifying. All interested persons are entitled to attend or be represented and to present oral and/or written comments concerning the proposed rule making.
Written testimony submitted below or should be sent to the attention of Mandi Payton at the Office of Legal Services, P.O. Box 1049, Columbus Ohio 43216-1049 or can be emailed to amanda.payton@epa.ohio.gov. Written comments may also be submitted to the Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral testimony. All testimony received at the hearing or by close of business on November 12, 2026. will be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments submitted after this date may be considered as time and circumstances permit.
Questions regarding this rule package should be directed to Kathryn Jobe, at the Division of Air Pollution Control, at (614) 728-0671.
These rules and associated documents are available on DAPC’s website for electronic viewing and downloading at: DAPC Proposed Rules | Ohio Environmental Protection Agency
To request a reasonable accommodation due to a disability, visit https://epa.ohio.gov/ada
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