[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Rules and Regulations]
[Pages 57374-57376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22562]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0549; FRL-12784-02-R5]
Air Plan Approval; Ohio; Carmeuse Lime, Inc. SO2
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving new
emissions limits for the Carmeuse Lime Maple Grove, Inc. facility into
the Ohio State Implementation Plan (SIP) for the National Ambient Air
Quality Standard (NAAQS) for sulfur dioxide (SO2). The Ohio
Environmental Protection Agency (Ohio EPA) submitted Director's
Findings and Orders that establish a new emission limit for
SO2 emissions from two rotary lime kilns at the Carmeuse
Lime Maple Grove, Inc. facility (hereafter referred to as Carmeuse
Lime) in Seneca County, Ohio. EPA proposed to approve this action on
August 7, 2025.
DATES: This final rule is effective on January 12, 2026.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2024-0549. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either through https://www.regulations.gov or at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays. We recommend that
you telephone Cecilia Magos, at (312) 886-7336 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Cecilia Magos, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7336,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On August 21, 2015 (80 FR 51052), EPA finalized the Data
Requirements Rule (DRR), which required State air agencies to
characterize ambient SO2 levels in areas with large sources
of SO2 emissions to identify sources that may be causing air
quality problems. Under the DRR (40 CFR 51.1205), for any area where
modeling of actual SO2 emissions served as a basis for
designating such area as attainment for the 2010 SO2 NAAQS,
the State air agency shall submit to EPA an annual SO2
emissions report of applicable sources by July 1 of each year,
including an assessment of the cause of any emission increases from the
previous year and a recommendation regarding the need for additional
dispersion modeling to determine if an area is still meeting the 2010
SO2 NAAQS.
[[Page 57375]]
In August 2023, in preparation for Ohio's 2024 Annual SO Emissions
Review, Ohio EPA conducted new modeling for Carmeuse Lime due to
increased emissions at the facility. This new modeling showed
violations of the SO2 NAAQS near the facility. In response,
Ohio EPA conducted additional modeling to determine what allowable
emissions limit to adopt at the Carmeuse Lime facility, that would
model compliance with the 2010 SO2 NAAQS in the area.
On November 13, 2024, Ohio EPA submitted a request to EPA to
incorporate DFFOs that establish a new allowable 30-day rolling average
SO2 emissions limit of 1,170 pounds per hour (lbs/hr) for
the combined lime kiln stack shared by two rotary lime kilns. On August
7, 2025 (90 FR 38093), EPA proposed to approve Ohio EPA's DFFOs to
ensure continued attainment of the NAAQS. An explanation of the Clean
Air Act (CAA) requirements, a detailed analysis of the revisions, and
EPA's reasons for proposing approval were provided in the notice of
proposed rulemaking (NPRM) and will not be restated here. The public
comment period for this proposed rule ended on September 8, 2025.
II. EPA's Response to Comments
During the comment period, EPA received one comment expressing
general concerns over increased SO2 emissions. The comment
did not specify a source with increased emissions or the area being
impacted. In response, EPA clarifies that the addition of the limit in
the DFFOs being approved in this action establishes a new emission
limit at the facility and will reduce emissions at Carmeuse Lime. The
new limit will allow the area around the facility to show modeled
compliance with the NAAQS and is protective of the environment and
human health. EPA does not consider the comment to be germane or
relevant to this action and is therefore, finalizing the action as
proposed. The comment on the proposed rule is included in the docket
for this action.
III. Final Action
EPA is approving Ohio EPA's DFFOs issued to the Carmeuse Lime
facility submitted on November 13, 2024, into the Ohio 2010
SO2 NAAQS SIP. The DFFOs establish a new SO2
emissions limit of 1,170 lbs/hr for the combined lime kiln stack that
receives and emits SO2 emissions from two rotary kilns,
ensuring continued attainment of the 2010 SO2 NAAQS.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
DFFOs for Carmeuse Lime described in sections I and III of this
preamble and set forth in the amendments to 40 CFR part 52 below. EPA
has made, and will continue to make, these documents generally
available through https://www.regulations.gov, and at the EPA Region 5
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This rule is exempt from the Congressional Review Act because it is
a rule of particular applicability.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 9, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 5, 2025.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
[[Page 57376]]
Authority: 42 U.S.C. 7401 et seq.
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2. In Sec. 52.1870, the table in paragraph (d) is amended by adding an
entry for ``Carmeuse Lime, Inc. Maple Grove'' after the entry for
``Cardinal Power Plant'' to read as follows:
Sec. 52.1870 Identification of plan.
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(d) * * *
EPA--Approved Ohio Source-Specific Provisions
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Ohio effective
Name of source Number date EPA approval date Comments
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* * * * * * *
Carmeuse Lime, Inc. Maple Grove... DFFO 11/8/2024 12/11/2025, 90 FR [Insert
Federal Register page
where the document
begins].
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[FR Doc. 2025-22562 Filed 12-10-25; 8:45 am]
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