On May 7, 2015, the Ohio EPA announced that it intends to modify OAC 3745-110 regarding Reasonably Available Control Technology (RACT) Regulations for Nitrogen Oxides (“NOx”). Chapter 3745-110 of the Ohio Code establishes the requirements for emission of NOx from “very large, large, mid-size, and small boilers, stationary combustion turbines, or stationary internal combustion engines as defined in OAC rule 3745-110-01, and boilers located at facilities that emit or have the potential to emit a total of more than one hundred tons per year of NOx emissions from all sources at that facility.”

Although Ohio EPA has not yet drafted its proposed changes, it has indicated that the changes will involve the addition of “site specific requirements for three facilities in northeast Ohio” and adding exemptions to OAC 3725-110-03(K) for lime kilns and stationary combustion engines. OAC 3725-110-03(K) currently contains exemptions from the RACT requirements for certain sources such as any “emergency standby boiler, stationary internal combustion engine, or stationary combustion turbine which operates less than 500 hours during any consecutive 12 month period.”