Rule2026-06397
Air Plan Approval; Ohio; Muskingum River 2010 Sulfur Dioxide Redesignation and Maintenance Plan
Primary source
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Published
April 2, 2026
Effective
April 2, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) finds that the Muskingum River sulfur dioxide (SO<INF>2</INF>) nonattainment area, located in Center Township in Morgan County and Waterford Township in Washington County, Ohio, (hereafter referred to as "Muskingum River area") is attaining the 2010 SO<INF>2</INF> National Ambient Air Quality Standard (NAAQS). The EPA is acting in accordance with Ohio's March 31, 2025, request to redesignate the Muskingum River area from nonattainment to attainment for the 2010 SO<INF>2</INF> NAAQS because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). The EPA is also approving Ohio's maintenance plan for the area and Ohio's Director's Final Findings and Orders (DFFOs) issued to Globe Metallurgical, Inc. (Globe Metallurgical) on March 26, 2025, as part of Ohio's federally enforceable State Implementation plan (SIP).
Full Text
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Rules and Regulations]
[Pages 16558-16562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06397]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2025-0165; FRL-12974-02-R5]
Air Plan Approval; Ohio; Muskingum River 2010 Sulfur Dioxide
Redesignation and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) finds that the
Muskingum River sulfur dioxide (SO<INF>2</INF>) nonattainment area,
located in Center Township in Morgan County and Waterford Township in
Washington County, Ohio, (hereafter referred to as ``Muskingum River
area'') is attaining the 2010 SO<INF>2</INF> National Ambient Air
Quality Standard (NAAQS). The EPA is acting in accordance with Ohio's
March 31, 2025, request to redesignate the Muskingum River area from
nonattainment to attainment for the 2010 SO<INF>2</INF> NAAQS because
the request meets the statutory requirements for redesignation under
the Clean Air Act (CAA). The EPA is also approving Ohio's maintenance
plan for the area and Ohio's Director's Final Findings and Orders
(DFFOs) issued to Globe Metallurgical, Inc. (Globe Metallurgical) on
March 26, 2025, as part of Ohio's federally enforceable State
Implementation plan (SIP).
DATES: This final rule is effective on April 2, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R05-OAR-2025-0165. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT: Gina Harrison, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, telephone number: (312)
353-6956, email address: <a href="/cdn-cgi/l/email-protection#751d1407071c061a1b5b121c1b14351005145b121a03"><span class="__cf_email__" data-cfemail="e48c8596968d978b8aca838d8a85a4819485ca838b92">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On June 3, 2011, Ohio submitted its recommendations to the EPA to
designate certain areas of the State as attainment, nonattainment, or
unclassifiable for the 2010 SO<INF>2</INF> NAAQS. Ohio recommended that
the area located in southeastern Ohio that includes Center Township in
Morgan County and Waterford Township in Washington County, the
Muskingum River area, be designated as nonattainment for the 2010
SO<INF>2</INF> NAAQS. The EPA concurred with Ohio's analysis and, on
August 15, 2013 (78 FR 47191), published a final action designating the
Muskingum River area as nonattainment of the 2010 SO<INF>2</INF> NAAQS,
effective October 4, 2013.
Under section 192(a) of the CAA, States are also required to submit
attainment plans to demonstrate that the respective areas will attain
the NAAQS as expeditiously as practicable, but no later than five years
from the effective date of designation. Ohio submitted statewide
nonattainment area SIPs to the EPA on April 3, 2015, and October 13,
2015, and submitted supplemental attainment plans for the Muskingum
River area on June 24, 2020, July 28, 2022, and May 23, 2023. The EPA
approved Ohio's attainment plan for the Muskingum River area on
September 8, 2023 (88 FR 61969).
On October 2, 2025 (90 FR 47686), the EPA proposed to redesignate
the Muskingum River area from nonattainment to attainment for the 2010
SO<INF>2</INF> NAAQS in accordance with Ohio's March 31, 2025, request.
The EPA determined that the area is attaining the 2010 SO<INF>2</INF>
NAAQS and that the improvement in air quality is due to permanent and
enforceable SO<INF>2</INF> emission reductions in the area. The EPA
also proposed to approve Ohio's maintenance plan, which is designed to
ensure continued attainment of the 2010 SO<INF>2</INF> NAAQS. Finally,
the EPA proposed to approve and incorporate by reference Ohio's DFFOs
issued to Globe Metallurgical on March 26, 2025, which set forth
emission limits and other requirements that will provide for attainment
of the 2010 SO<INF>2</INF> NAAQS in this area.
II. Response to Public Comments
The EPA received two adverse comments on this action. Summaries of
the adverse comments and the EPA's responses are provided below. All
comments submitted during the public comment period are available in
the docket of this action.
Comment: One commenter stated that the docket materials available
to the public did not include the complete, machine-readable AERMOD/
AERMET/BPIPPRM input and output files, the meteorological data files
used, or the underlying spreadsheets for the base-
[[Page 16559]]
year and projected inventories used in the maintenance demonstration.
Response: The EPA notes the modeling report was provided in both
the attainment plan (88 FR 61969) and the docket for this action. All
supporting modeling and meteorological data files are available for
public viewing via the Freedom of Information Act process, but
typically aren't included in the dockets for these actions due to the
large sizes of the files. Therefore, the EPA does not find the comment
to warrant any changes to this action.
Comment: Commenter states that the enforceability of the
SO<INF>2</INF> reductions attributed to the retirement of the Muskingum
River Power Plant requires documentation of the binding, federally
enforceable instruments (e.g., enforceable permanent shutdown permits
or SIP-approved rules/consent orders) that preclude restart without
full New Source Review (NSR) and applicable limits. Commenter also
states that if the maintenance demonstration relies on retirements or
voluntary limits that are not yet codified as SIP provisions, that
reliance cannot satisfy the ``permanent and enforceable'' requirement.
Response: Unrelated to this present rulemaking, the Muskingum River
Power Plant notified Ohio EPA of the permanent shutdown of all coal-
fired boilers effective May 31, 2015. Ohio's rule at Ohio
Administrative Code (OAC) 3745-31-02 prohibits the installation or
modification of new sources without obtaining appropriate permits. A
new source is defined in Ohio's SIP at OAC rule 3745-31-01(N)(3) as any
air contaminant source for which an owner or operator undertakes a
continuing program of installation or modification. Modification is
defined in Ohio's SIP at 3745-31-01(M)(10) as any physical change in,
or change in the method of operation of any air contaminant source that
results in an increase in the allowable emissions. The resumption of
operations at the facility would constitute a change in the method of
operation that qualified as a ``modification.'' The facility's title V
permit-to-operate P0090944 was revoked effective May 31, 2015, and
therefore, these reductions are permanent and enforceable.
Regarding the comments related to the maintenance plan, the EPA
finds that Ohio has appropriately fulfilled its maintenance plan
obligations as required under CAA section 175A, 42 U.S.C. 7505A. To
further clarify, the docket of this action contains Ohio's
redesignation request, which outlines Ohio's requirements for
verification of continued attainment and the requirements for
maintenance demonstration under section 175A. The EPA determines that
Ohio adequately fulfilled these requirements through commitments to
annual emissions submittals that verify continued attainment of the
2010 SO<INF>2</INF> NAAQS and review of the projected emissions
inventory for the Muskingum River area.\1\
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\1\ See 88 FR 61969.
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Comment: Commenter asserts this action does not provide adequate
factual basis to certify compliance with the Regulatory Flexibility Act
(RFA). Commenter requests that the Agency perform an Initial Regulatory
Flexibility Analysis (IRFA) or supply a revised 605(b) certification
with a factual basis to support the conclusion that the action will not
have a significant economic impact on small entities.
Response: The RFA does not apply to this rulemaking because the EPA
has certified that this rule will not have a significant economic
impact on a substantial number of small entities. The regulatory
analysis provisions of the RFA are only triggered by a threshold
determination by the Agency that this rule will have a significant
economic impact on a substantial number of small entities. This
rulemaking does not impose any regulatory requirements beyond those
imposed by State law. Because the Agency has certified this rule will
not have a significant economic impact, section 603 and 604 of the RFA
do not apply to this rulemaking. 5 U.S.C. 605(b).
Comment: Commenter contends that the Agency did not provide
sufficient explanation for how this action complies with the Unfunded
Mandates Reform Act (UMRA). Commenter requests that the EPA provide
analysis showing the absence of a qualifying Federal mandate.
Response: With regard to the UMRA, the EPA has complied by making
its own determination that this rule will not result in expenditures of
$100M+, and therefore the Agency does not need to complete a statement
under 2 U.S.C. 1532.
Comment: Commenter requests that the Agency amend the record to
explain the Executive Order 12866 significance determination in light
of the redesignation's permitting and compliance implications.
Response: The EPA has complied with E.O. 12866 by determining that
this rulemaking is not a significant regulatory action as defined in
E.O. 12866.
Comment: Commenter asserts that the modeling analysis used to
establish the area's background concentrations does not align with the
most recent data available, thereby undermining the model's ability to
demonstrate future attainment under current conditions.
Response: Globe Metallurgical's October 2024 modeling report notes
that the attainment demonstration modeling (May 2022) used the three-
year period of 2018-2020 of ambient air quality monitoring data for
background concentrations from the Hackney, OH monitor (AQS Monitor ID
39-115-0004). For the modeling presented in the October 2024 modeling
report, the years of air monitoring data used for the background
concentration were updated to the most recent three-year period of
2021-2023 for the Hackney monitor at the time the modeling was
conducted, which is the most recent period of data available prior to
submittal of the modeling report.
Comment: Commenter asserts that the period used to represent the
facility's actual emission profile for the compliance demonstration is
insufficient and potentially unrepresentative of current operations.
Response: The EPA disagrees with commenter's statement. Modeled
emissions used both allowable emissions as well as the most recently
available actual emissions. Allowable emissions are determined by the
source's design capacity as well as any controls and enforceable
operating factors and are required for use as emissions inputs for
dispersion modeling to determine attainment with a NAAQS.\2\ Modeled
results were provided for both the allowable emissions and actual
emissions scenarios, and both modeled emissions scenarios demonstrated
that emissions would not exceed the 2010 SO<INF>2</INF> NAAQS. The use
of allowable emissions in the modeling analysis is more conservative
than the use of actual emissions data and indicates that with the more
conservative emissions inputs the 2010 SO<INF>2</INF> NAAQS is still
being maintained in the area. The ambient air monitoring data from the
Globe monitor supports that the area is below the 2010 SO<INF>2</INF>
NAAQS. Further, the April 2014 SO<INF>2</INF> Guidance also notes that
a separate actuals-based modeling to support a redesignation request is
not necessary if an attainment determination was made based on
allowables-based modeling
[[Page 16560]]
and a demonstration of a fully implemented control strategy has been
provided.\3\
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\2\ EPA's Guidance for 1-Hour Sulfur Dioxide (SO<INF>2</INF>)
Nonattainment Area State Implementation Plans (SIP) Submissions can
be found at <a href="https://www.epa.gov/so2-pollution/guidance-1-hour-sulfur-dioxide-so2-nonattainment-area-state-implementation-plans-sip">https://www.epa.gov/so2-pollution/guidance-1-hour-sulfur-dioxide-so2-nonattainment-area-state-implementation-plans-sip</a>.
\3\ April 2014 Guidance, pg. 63.
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The actual emissions scenario used emission testing data from April
2021 to April 2022. While this was not on a traditional calendar year
basis (January 1-December 31), this is still a full year of data and
would capture seasonal operational variability as well as peak seasonal
demand. More recent emissions testing data was not available for use in
the modeling analysis as testing is typically conducted in association
with state title V permit renewals. Annual emissions inventory data
that is reported to both the state and the EPA on an annual basis are
not used for air dispersion modeling analysis.
Comment: Commenter asserts that the record is currently incomplete
regarding the approval of the non-default downwash modeling technique
employed.
Response: The Equivalent Building Downwash (EBD) parameters are not
a non-default modeling approach; it is a source characterization study
which does not require explicit regulatory pre-approval from the Model
Clearinghouse and is not subject to requirements of section 3.2 of 40
CFR part 41, appendix W: Guideline on Air Quality Models. Non-default
modeling methodologies involve using non-regulatory models or non-
default (ALPHA or BETA) AERMOD options to conduct the modeling analysis
as outlined in Section 3.2 of appendix W. In this case, the need to use
refined building downwash parameters for the wind direction sectors
between 240-290 degrees within AERMOD was due to the building downwash
processor, BPIP-PRIME, calculating unrepresentative building downwash
parameters for Shop 1.
Furthermore, a protocol for the wind tunnel testing was reviewed
and approved by both the Ohio EPA and the EPA. Ohio EPA reviewed the
final EBD report and considered the inclusion of the source
characterization of the building downwash parameters resulting from the
wind tunnel testing within the redesignation package their final
approval of the source characterization study and report. Similarly,
the EPA reviewed the final EBD report included with Ohio EPA's
redesignation package and considered the inclusion of the modeling
analysis within the redesignation rule, which included the final EBD
report and EBD parameters for the wind direction sectors 240-290
degrees for Shop 1, the final approval of the EBD report for the source
characterization study.
As noted above, air modeling files were not included within the
docket due to the large file sizes. All modeling input and output
files, including meteorological input files, are available by request.
III. What action is the EPA taking?
The EPA is redesignating the Muskingum River area from
nonattainment to attainment for the 2010 SO<INF>2</INF> NAAQS in
accordance with Ohio's March 31, 2025, request. The EPA determined the
area is attaining the 2010 SO<INF>2</INF> NAAQS and that the
improvement is due to permanent and enforceable SO<INF>2</INF> emission
reductions in the area. The EPA is also approving Ohio's maintenance
plan as part of Ohio's federally enforceable SIP to ensure the
Muskingum River area will continue to maintain attainment of the 2010
SO<INF>2</INF> NAAQS. Finally, the EPA is approving and incorporating
by reference Ohio's DFFOs issued to Globe on March 26, 2025, which set
forth emission limits and other requirements that will provide for
attainment of the 2010 SO<INF>2</INF> NAAQS in this area.
In accordance with 5 U.S.C. 553(d) of the APA, this action shall
become effective immediately upon publication. The immediate effective
date for this action is authorized under 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. The EPA
has determined that this rule relieves a restriction because this rule
relieves sources in the area of Nonattainment NSR permitting
requirements; instead, upon the effective date of this action, sources
will be subject to less restrictive Prevention of Significant
Deterioration permitting requirements. For this reason, the EPA finds
that under 5 U.S.C. 553(d)(1) it is appropriate for this action to
become effective on the date of publication of this action.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Ohio's DFFOs issued to Globe described in section I of this preamble
and set forth in the amendments to 40 CFR part 52 below. The EPA has
made, and will continue to make, these documents generally available
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 the EPA for inclusion in the SIP,
have been incorporated by reference by the 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 the EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\4\
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\4\ 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, the 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 these reasons, this action:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described
[[Page 16561]]
in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 the 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 action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
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 June 1, 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 CAA section 307(b)(2).42 U.S.C.
7607(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 26, 2026.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR parts 52 and
81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Amend Sec. 52.1870 by:
0
a. In the table in paragraph (d) revising the entry for ``Globe
Metallurgical, Inc.''.
0
b. In the table in paragraph (e) under ``Summary of Criteria Pollutant
Maintenance Plan'' adding an entry for ``SO<INF>2</INF> (2010)'' before
the entry for ``CO (1979)''.
The revision and addition read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Ohio Source-Specific Provisions
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Ohio effective
Name of source No. date EPA approval date Comments
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* * * * * * *
Globe Metallurgical Inc.......... DFFOs................... 3/26/2025 4/2/2026, 91 FR
[INSERT FEDERAL
REGISTER PAGE
WHERE THE DOCUMENT
BEGINS].
* * * * * * *
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(e) * * *
EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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Applicable
Title geographical or non- State date EPA approval Comments
attainment area
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* * * * * * *
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Summary of Criteria Pollutant Maintenance Plan
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* * * * * * *
SO2 (2010)................. Muskingum River....... 3/31/2025 4/2/2026, 91 FR [INSERT
FEDERAL REGISTER PAGE
WHERE THE DOCUMENT BEGINS].
* * * * * * *
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[[Page 16562]]
* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.336 amend the table entitled ``Ohio-2010 Sulfur Dioxide
NAAQS [Primary]'' by revising the entry for ``Muskingum River, OH'' to
read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area \1\ ----------------------------------------
Date \2\ Type
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* * * * * * *
Muskingum River, OH............ 4/2/2026 Attainment.
Morgan County (part).......
Center Township........
Washington County (part)...
Waterford Township.....
* * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise
specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in
the larger designation area. The inclusion of any Indian country in
the designation area is not a determination that the state has
regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2026-06397 Filed 4-1-26; 8:45 am]
BILLING CODE 6560-50-P
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