Rule2025-08727

Air Plan Approval; Michigan; Attainment Plan for the Detroit 2010 Sulfur Dioxide Nonattainment Area

Primary source

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Published
May 19, 2025
Effective
June 18, 2025

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revision submitted by Michigan on December 20, 2022, and supplemented on February 21, 2023, December 14, 2023, and April 2, 2024, which amends a SIP submission previously submitted to EPA on May 31, 2016, and June 30, 2016, for attaining the 2010 sulfur dioxide (SO<INF>2</INF>) primary national ambient air quality standard (NAAQS) for the Detroit SO<INF>2</INF> nonattainment area. This action follows a prior action which found that Michigan had satisfied emission inventory and new source review (NSR) requirements for this area but had not met requirements under the Clean Air Act (CAA) for the elements that EPA is approving here. This action also follows the promulgation of the 2022 Federal Implementation Plan (FIP) for the Detroit SO<INF>2</INF> nonattainment area.

Full Text

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<title>Federal Register, Volume 90 Issue 95 (Monday, May 19, 2025)</title>
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<body><pre>
[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Rules and Regulations]
[Pages 21228-21232]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08727]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0976; FRL-10788-02-R5]


Air Plan Approval; Michigan; Attainment Plan for the Detroit 2010 
Sulfur Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State Implementation Plan (SIP) revision submitted by Michigan on 
December 20, 2022, and supplemented on February 21, 2023, December 14, 
2023, and April 2, 2024, which amends a SIP submission previously 
submitted to EPA on May 31, 2016, and June 30, 2016, for attaining the 
2010 sulfur dioxide (SO<INF>2</INF>) primary national ambient air 
quality standard (NAAQS) for the Detroit SO<INF>2</INF> nonattainment 
area. This action follows a prior action which found that Michigan had 
satisfied emission inventory and new source review (NSR) requirements 
for this area but had not met requirements under the Clean Air Act 
(CAA) for the elements that EPA is approving here. This action also 
follows the promulgation of the 2022 Federal Implementation Plan (FIP) 
for the Detroit SO<INF>2</INF> nonattainment area.

DATES: This final rule is effective on June 18, 2025.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0976. 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 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 Abigail Teener, Environmental Protection Specialist, at 
(312) 353-7314 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Abigail Teener, Air and Radiation 
Division (AR18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314, 
<a href="/cdn-cgi/l/email-protection#235746464d46510d42414a44424a4f634653420d444c55"><span class="__cf_email__" data-cfemail="e6928383888394c887848f81878f8aa6839687c8818990">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background Information

    On August 5, 2013 (78 FR 47191), EPA designated the Detroit area 
within the State of Michigan as nonattainment for the 2010 
SO<INF>2</INF> NAAQS, in conjunction with designating multiple areas in 
other states as nonattainment.
    On March 18, 2016 (81 FR 14736), EPA published an action finding 
that Michigan had failed to submit the required SO<INF>2</INF> 
nonattainment plan by the submittal deadline. This finding initiated 
deadlines under CAA section 179(a) for the potential imposition of 2-
to-1 NSR offset and Federal highway funding sanctions. Additionally, 
under CAA section 110(c), the finding triggered a requirement that EPA 
promulgate a FIP within two years of the finding unless, by that time, 
(a) the State had made the necessary complete submittal, and (b) EPA 
had approved the submittal as meeting applicable requirements.
    On May 31, 2016, Michigan submitted a Detroit SO<INF>2</INF> 
attainment plan and on June 30, 2016, submitted associated final 
enforceable measures. Michigan's submission of a complete attainment 
plan terminated the deadlines for imposing sanctions, pursuant to 40 
CFR 52.31(d)(5), but it did not terminate EPA's FIP obligation.

[[Page 21229]]

    On March 19, 2021 (86 FR 14827), EPA partially approved and 
partially disapproved Michigan's SO<INF>2</INF> plan as submitted in 
2016. EPA's March 19, 2021, action approved the enforceable control 
measures for two facilities, approved the base-year emissions 
inventory, and affirmed that the NSR requirements for the area had 
previously been met on December 16, 2013 (78 FR 76064). In the same 
March 19, 2021, action, EPA disapproved the attainment demonstration, 
as well as the requirements for meeting reasonable further progress 
(RFP) toward attainment of the NAAQS, reasonably available control 
measures/reasonably available control technology (RACM/RACT), and 
contingency measures. Additionally, EPA disapproved the plan's control 
measures for two facilities as insufficient to demonstrate attainment. 
These disapprovals started new sanctions clocks under CAA section 
179(a).
    On January 28, 2022 (87 FR 4501), EPA issued a finding of failure 
to attain for the Detroit SO<INF>2</INF> nonattainment area, 
determining that the area failed to attain the 2010 SO<INF>2</INF> 
NAAQS by the applicable attainment date of October 4, 2018, and 
established a requirement that Michigan submit a revised SIP by January 
30, 2023, that provides for expeditious attainment of the NAAQS within 
the time period specified in CAA sections 179(d)(3) and 172(a)(2).
    On October 12, 2022 (87 FR 61514), EPA promulgated a FIP for the 
Detroit SO<INF>2</INF> nonattainment area, which satisfied EPA's duty 
to promulgate a FIP for the area under CAA section 110(c) that resulted 
from the March 18, 2016, finding of failure to submit. While EPA's FIP 
for the Detroit area met the requirements for SO<INF>2</INF> 
nonattainment area plans, the FIP did not relieve Michigan of the 
previously discussed CAA requirement to submit a plan that provides for 
attainment of the 2010 SO<INF>2</INF> NAAQS for the Detroit 
nonattainment area. On December 20, 2022, Michigan submitted a revised 
attainment plan for the Detroit SO<INF>2</INF> nonattainment area 
mirroring EPA's FIP in order to remedy Michigan's 2016 plan 
deficiencies specified in EPA's March 19, 2021, rulemaking partially 
approving and partially disapproving Michigan's SIP.
    Michigan's revised plan, as submitted on December 20, 2022, 
depended, in part, upon permits that had not yet been issued but would 
include limits and associated requirements for the United States Steel 
Corporation (U.S. Steel), EES Coke Battery (EES Coke), and Dearborn 
Industrial Generation (DIG) facilities that are no less stringent than 
those set forth in EPA's FIP, codified at 40 CFR 52.1189. On February 
21, 2023, Michigan submitted a clarification letter committing to 
submit the necessary permits by April 30, 2024. On March 23, 2023 (88 
FR 17488), EPA proposed to conditionally approve Michigan's plan, 
conditioned upon the issuance of and submission for incorporation into 
the SIP the applicable permits for the U.S. Steel, EES Coke, and DIG 
facilities. Also on March 23, 2023 (88 FR 17376), EPA issued an interim 
final determination to stay and defer sanctions in the Detroit 
SO<INF>2</INF> nonattainment area based on EPA's proposed conditional 
approval. In this final action, EPA is finalizing the determination 
that the conditions articulated in 40 CFR 52.31(d) have been met, 
thereby terminating the sanctions clocks resulting from EPA's March 19, 
2021, partial disapproval of the prior SIP.
    On December 14, 2023, the State submitted three applicable permits 
for the U.S. Steel, EES Coke, and DIG facilities. On April 2, 2024, the 
State submitted the final applicable permit for the DIG facility, along 
with a request that EPA approve its revised plan. On April 29, 2024, 
EPA issued a completeness letter, included in the docket for this 
action, determining that Michigan's submittal had satisfied the 
completeness criteria set forth at 40 CFR part 51, appendix V and met 
the requirement for a SIP submittal that provides for expeditious 
attainment set forth in EPA's January 28, 2022, finding of failure to 
attain.
    EPA published a notice of proposed rulemaking on October 3, 2024 
(89 FR 80439), proposing to approve Michigan's revised SIP submission, 
which the State submitted to EPA on December 20, 2022, and supplemented 
on February 21, 2023, December 14, 2023, and April 2, 2024, for 
attaining the 2010 SO<INF>2</INF> NAAQS for the Detroit area and for 
meeting other nonattainment area planning requirements of CAA sections 
110, 172, 179 and 192. EPA proposed approval of Michigan's 
demonstration that these requirements provide for attainment of the 
2010 SO<INF>2</INF> NAAQS in Detroit. Finally, EPA proposed approval of 
the other applicable requirements for nonattainment areas, including 
requirements for RACM/RACT, RFP, and contingency measures. The proposal 
followed a previous action in which EPA approved emissions inventories 
for the Detroit area and nonattainment area NSR.

II. Public Comments

    EPA received one adverse comment and one partially adverse comment 
during the comment period on the proposed action. The adverse comments 
are summarized below along with EPA's responses.
    Comment: The commenter expresses concern with the compliance 
timelines, particularly for the U.S. Steel Boilerhouse 2 stack 
construction, and urges EPA and Michigan to accelerate the timelines.
    Response: All compliance dates included in Michigan's plan have 
passed. The latest compliance date was for U.S. Steel Boilerhouse 2 on 
November 14, 2024, which allowed 90 days for the owner or operator to 
submit a construction permit application to the State of Michigan, as 
well as time for the State of Michigan to issue the permit, the owner 
or operator to send out requests for proposal and award a construction 
contract and procure materials, and for completion of construction. EES 
Coke, the current operator of U.S. Steel Boilerhouse 2, commenced 
operation of Boilerhouse 2 using the newly constructed stack and a 
continuous emissions monitoring system (CEMS) on October 25, 2024, 
ahead of the November 14, 2024, deadline. The notification of 
completion of installation of the Boilerhouse 2 stack is included in 
the docket for this action.
    Comment: The commenter states that Michigan and EPA have 
significantly delayed SO<INF>2</INF> attainment in the Detroit area 
since the promulgation of the 2010 SO<INF>2</INF> NAAQS. As the FIP was 
promulgated in 2022 and new technology was not considered in Michigan's 
plan, the commenter contends that Michigan adopting the requirements 
set forth in EPA's FIP is insufficient to fulfill the RACM/RACT 
requirement. The commenter states that the RACM/RACT requirement is 
particularly important for SO<INF>2,</INF> as SO<INF>2</INF> pollution 
is driven primarily by emissions from industrial facilities, unlike 
other pollutants such as ozone and particulate matter, and argues that 
Michigan and EPA have not shown that the emission limits included in 
Michigan's plan continue to qualify as RACM/RACT. The commenter states 
that recent advancements in technology could result in additional 
SO<INF>2</INF> reductions. The commenter also states that Michigan has 
not shown that the requirements set forth in EPA's FIP will continue to 
result in attainment of the SO<INF>2</INF> NAAQS. As EPA's modeling 
relies on meteorological data from 2016-2020, the commenter contends 
that Michigan must update the modeling with more recent meteorological 
data to account for any changes. The commenter urges EPA to disapprove 
Michigan's SIP submission and require that Michigan resubmit with an 
updated control

[[Page 21230]]

technology analysis and updated attainment modeling.
    Additionally, the commenter contends that EPA approval of 
Michigan's plan would only address Michigan's requirement to submit an 
attainment plan following the 2013 nonattainment designation and would 
not address Michigan's requirement to submit a revised plan for the 
Detroit area following EPA's 2022 finding of failure to attain by the 
applicable attainment date. The commenter argues that under CAA section 
179(d), the finding of failure to attain requires a SIP submission that 
addresses additional measures beyond the general nonattainment SIP 
requirements, ``including all measures that can be feasibly implemented 
in the area in light of technological achievability, costs, and any 
non-air quality and other air quality-related health and environmental 
impacts.'' The commenter argues that such additional measures should 
include an updated analysis of technologies that would reduce 
SO<INF>2</INF> emissions as well as an examination of whether there are 
additional RACM/RACT control requirements that should apply or other 
additional control measures that would further reduce SO<INF>2</INF> 
emissions. To fulfill its requirements under CAA section 179(d), the 
commenter suggests that Michigan consider additional control measures 
at the Carleton Farms Landfill and Carmeuse Lime, which the commenter 
states are among the top ten emitters of SO<INF>2</INF> in Wayne 
County. The commenter contends that five of the sources addressed in 
Michigan's plan are part of the Wayne County steel supply chain and 
that the plan must address the technological advances in steel 
production such as direct reduced iron and electric arc furnace 
technology, which would greatly reduce SO<INF>2</INF> and other 
pollutant emissions in the Detroit area. The commenter argues that the 
Cleveland-Cliffs Steel Corporation is transitioning one of its other 
facilities to cleaner steel production and that making the transition 
at this facility would result in strong benefits to the health and 
environment of surrounding communities with environmental justice 
concerns, create jobs, and help Michigan meet its carbon neutrality 
goals.
    The commenter concludes that EPA should disapprove the 
nonattainment SIP.
    Response: Section 172(c)(1) of the CAA provides that nonattainment 
plans ``shall provide for the implementation of all reasonably 
available control measures as expeditiously as practicable (including 
such reductions in emissions from existing sources in the area as may 
be obtained through the adoption, at a minimum, of reasonably available 
control technology) and shall provide for attainment of the national 
primary ambient air quality standards.'' EPA has long defined RACT for 
SO<INF>2</INF> as that control technology which will achieve the NAAQS 
within statutory timeframes. See State Implementation Plans; General 
Preamble for the Implementation of Title I of the CAA Amendments of 
1990; Proposed Rule, 57 FR 13498, 13547 (April 16, 1992) (General 
Preamble); see also, SO<INF>2</INF> Guideline Document, U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Research Triangle Park, NC 27711, EPA-452/R-94-008, February 
1994 (SO<INF>2</INF> Guideline), at 6-39. Since SO<INF>2</INF> RACT is 
already defined as the technology necessary to achieve the 
SO<INF>2</INF> NAAQS, control technology which failed to achieve the 
NAAQS would fail to be SO<INF>2</INF> RACT. EPA intends to continue 
defining RACT for SO<INF>2</INF> as that control technology which will 
achieve the NAAQS, as it has in numerous SIP actions since promulgating 
the 2010 SO<INF>2</INF> NAAQS. Here, the emission limits and other 
associated requirements in Michigan's plan provide for such NAAQS 
attainment, as demonstrated by the plan's modeling analysis. 
Consequently, under EPA's longstanding approach to SO<INF>2</INF> RACT, 
the CAA section 172(c)(1) RACM/RACT requirement is met. CAA section 
172(c)(6) also requires plans to include enforceable emission limits 
and control measures as may be necessary or appropriate to provide for 
attainment. The emission limits and associated requirements included as 
part of Michigan's plan show attainment of the 2010 SO<INF>2</INF> 
NAAQS of 75 parts per billion (ppb), because the modeling analysis 
shows a maximum concentration of 73.6 ppb. Thus, further controls are 
not necessary to satisfy the requirement for RACT.\1\
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    \1\ See SO<INF>2</INF> Guideline. See also EPA's 2014 
SO<INF>2</INF> Nonattainment Guidance; General Preamble.
---------------------------------------------------------------------------

    EPA disagrees that updated modeling is required for Michigan's 
attainment plan. The commenter did not present any evidence or argument 
to suggest that the meteorological data EPA used in the FIP modeling 
analysis is no longer representative, and EPA notes that when comparing 
the wind roses of the Detroit Metropolitan Wayne County Airport's 2016-
2020 wind data and the 2019-2023 wind data, the wind roses are very 
similar in wind direction frequency and wind speed classes.\2\ There 
also have not been any major bug fixes to AERMET, the AERMOD 
preprocessor with which meteorological data is processed, since EPA's 
FIP modeling was completed. Moreover, the Carleton Farms Landfill that 
the commenter points to is located outside of the nonattainment area 
and EPA's modeling domain approximately 23 kilometers to the southwest 
of the Allen Park monitor. While EPA would not expect such long-range 
transport to impact receptors within the nonattainment area, any 
SO<INF>2</INF> emissions from the source would be captured in the 
background concentrations due to the prevailing southwest winds. 
Therefore, EPA would not expect any significant changes in 
SO<INF>2</INF> concentrations in the Detroit nonattainment area if 
Michigan were to complete an updated modeling analysis.
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    \2\ A comparison of the wind roses of the Detroit Metropolitan 
Wayne County Airport's 2016-2020 and 2019-2023 wind data is included 
in the docket for this action.
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    EPA disagrees that approval of Michigan's SIP does not address 
Michigan's requirement to submit a revised plan for the Detroit area 
following EPA's January 28, 2022, finding of failure to attain by the 
applicable attainment date. EPA's 2014 SO<INF>2</INF> Nonattainment 
Guidance states that a revision required under CAA section 179 ``is to 
achieve attainment of the 1-hour SO<INF>2</INF> NAAQS as expeditiously 
as practicable.'' Michigan's revised SIP, as submitted on December 20, 
2022, and supplemented on February 21, 2023, December 14, 2023, and 
April 2, 2024, provides for attainment of the SO<INF>2</INF> NAAQS, and 
all compliance dates included in the plan have passed. Therefore, on 
April 29, 2024, EPA issued a finding of completeness, included in the 
docket for this action, determining that Michigan's plan satisfies the 
completeness criteria set forth at 40 CFR part 51, appendix V and meets 
the requirement set forth in EPA's January 28, 2022, finding of failure 
to attain that Michigan submit a complete revision to its SIP that, 
among other elements, provides for expeditious attainment of the 2010 
SO<INF>2</INF> NAAQS.

III. What action is EPA taking?

    EPA is approving Michigan's revised SIP submission, which the State 
submitted to EPA on December 20, 2022, and supplemented on February 21, 
2023, December 14, 2023, and April 2, 2024, for attaining the 2010 
SO<INF>2</INF> NAAQS for the Detroit area and for meeting other 
nonattainment area planning requirements of CAA sections

[[Page 21231]]

110, 172, 179 and 192. This SO<INF>2</INF> attainment plan includes 
Michigan's attainment demonstration for the Detroit area. The plan also 
addresses requirements for RFP, RACT/RACM, enforceable emission limits 
and control measures, and contingency measures. EPA previously 
concluded that Michigan has addressed the requirements for emissions 
inventories for the Detroit area and nonattainment area NSR. EPA is 
determining in this action that Michigan's Detroit SO<INF>2</INF> 
attainment plan meets applicable requirements of sections 110, 172, 
179, and 192 of the CAA.
    Michigan's Detroit SO<INF>2</INF> attainment plan is based on 
enforceable emission limits and associated requirements, which include 
the Carmeuse Lime emission limits specified in Permit to Install 193-
14A, the DTE Trenton Channel emission limits specified in Permit to 
Install 125-11C, the U.S. Steel limits specified in Permit to Install 
110-23 and Permit to Install 108-23, the EES Coke emission limits 
specified in Permit to Install 51-08C, the Cleveland-Cliffs Steel 
Corporation emission limits specified in Permit MI-ROP-A8640-2016a, and 
the DIG emission limits specified in Permit 253-02A and Permit to 
Install 109-23. The Carmeuse Lime and DTE Trenton Channel permits have 
already been incorporated into Michigan's SIP, so EPA is not re-
incorporating them into 40 CFR part 52 here.
    EPA is incorporating Permit to Install 110-23 and Permit to Install 
108-23, governing U.S. Steel SO<INF>2</INF> emissions; Permit to 
Install 51-08C, governing EES Coke SO<INF>2</INF> emissions; Permit MI-
ROP-A8640-2016a, governing Cleveland-Cliffs Steel Corporation 
SO<INF>2</INF> emissions; and Permit to Install 109-23 and the cover 
sheet, section 5.1d (SO<INF>2</INF> emission limit), and sections 5.2-
5.10 (Special Conditions) of Permit 253-02A, governing DIG 
SO<INF>2</INF> emissions into Michigan's SIP in this action.
    This approval terminates the sanctions clock started under CAA 
section 179 resulting from EPA's March 19, 2021, partial disapproval of 
the prior SIP.

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 Michigan 
Regulations described in section 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 <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 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.\3\
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    \3\ 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:
    <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 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 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 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 July 18, 2025. 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: May 5, 2025.
Anne Vogel,
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:

    Authority:  42 U.S.C. 7401 et seq.


0
2. Amend Sec.  52.1170:
0
a. In the table in paragraph (d) by adding in alphabetical order 
entries for ``Cleveland-Cliffs Steel Corporation, Wayne County'', 
``Dearborn Industrial Generation, LLC'', ``Dearborn Industrial 
Generation, LLC'', ``EES Coke Battery,

[[Page 21232]]

LLC'', ``EES Coke Battery, LLC'', and ``United States Steel 
Corporation--Great Lakes Works''; and
0
b. In the table in paragraph (e), under the heading ``Attainment 
Demonstrations'' by adding an entry for ``SO<INF>2</INF> (2010)'' after 
the entry for ``Carbon monoxide and 1-hour ozone attainment 
demonstrations and I/M program''.
    The additions read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (d) * * *

                                EPA--Approved Michigan Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                                State
        Name of source                  Order No.          effective date    EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------
Cleveland-Cliffs Steel         MI-ROP-A8640-2016a........       1/19/2017  5/19/2025, 90 FR      ...............
 Corporation, Wayne County.                                                 [Insert Federal
                                                                            Register page where
                                                                            the document
                                                                            begins].
 
                                                  * * * * * * *
Dearborn Industrial            253-02A...................       9/25/2003  5/19/2025, 90 FR      Cover sheet,
 Generation, LLC.                                                           [Insert Federal       section 5.1d,
                                                                            Register page where   and sections
                                                                            the document          5.2 through
                                                                            begins].              5.10.
Dearborn Industrial            109-23....................       9/26/2023  5/19/2025, 90 FR      ...............
 Generation, LLC.                                                           [Insert Federal
                                                                            Register page where
                                                                            the document
                                                                            begins].
 
                                                  * * * * * * *
EES Coke Battery, LLC........  51-08C....................      11/21/2014  5/19/2025, 90 FR      ...............
                                                                            [Insert Federal
                                                                            Register page where
                                                                            the document
                                                                            begins].
EES Coke Battery, LLC........  108-23....................       9/26/2023  5/19/2025, 90 FR      ...............
                                                                            [Insert Federal
                                                                            Register page where
                                                                            the document
                                                                            begins].
 
                                                  * * * * * * *
United States Steel            110-23....................       9/26/2023  5/19/2025, 90 FR      ...............
 Corporation--Great Lakes                                                   [Insert Federal
 Works.                                                                     Register page where
                                                                            the document
                                                                            begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                      EPA--Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP        geographic or      State submittal    EPA approval date        Comments
           provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Attainment Demonstrations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
SO2 (2010).....................  Detroit area        12/20/2022, 02/21/  5/19/2025, 90 FR    ...................
                                  (Wayne County,      2023, 12/14/2023    [Insert Federal
                                  part).              and 04/2/2024.      Register page
                                                                          where the
                                                                          document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2025-08727 Filed 5-16-25; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on May 19, 2025.

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