Rule2025-20495
Air Plan Approval; Michigan; Infrastructure SIP Requirements for the 2015 Ozone NAAQS; Michigan State Board Requirements
Primary source
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Published
November 20, 2025
Effective
January 20, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving an element of a State Implementation Plan (SIP) submission from Michigan regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements ensure that the structural components of each State's air quality management program are adequate to meet CAA requirements. This action pertains to CAA section 110(a)(2)(E)(ii).
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Rules and Regulations]
[Pages 52238-52241]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20495]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0215; FRL-13010-02-R5]
Air Plan Approval; Michigan; Infrastructure SIP Requirements for
the 2015 Ozone NAAQS; Michigan State Board Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving an
element of a State Implementation Plan (SIP) submission from Michigan
regarding the infrastructure requirements of section
[[Page 52239]]
110 of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air
Quality Standards (NAAQS). The infrastructure requirements ensure that
the structural components of each State's air quality management
program are adequate to meet CAA requirements. This action pertains to
CAA section 110(a)(2)(E)(ii).
DATES: This direct final rule will be effective January 20, 2026,
unless EPA receives adverse comments by December 22, 2025. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0215 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#d3bfb2bdb4beb2bdfdbebab0bbb2b6bf93b6a3b2fdb4bca5"><span class="__cf_email__" data-cfemail="593538373e3438377734303a31383c35193c2938773e362f">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI), Proprietary Business Information (PBI), or other information
whose disclosure is restricted by statute. Multimedia submissions
(audio, video, etc.) must be accompanied by a written comment. The
written comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI, PBI, or multimedia submissions,
and general guidance on making effective comments, please visit <a href="https://wwww.epa.gov/dockets/commenting-epa-dockets">https://wwww.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Kelsey Foss, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6008,
<a href="/cdn-cgi/l/email-protection#4b2d24383865202e27382e320b2e3b2a652c243d"><span class="__cf_email__" data-cfemail="1a7c75696934717f76697f635a7f6a7b347d756c">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
A. What State SIP submission does this rulemaking address?
This rulemaking addresses a March 8, 2019, submission from the
Michigan Department of Environment, Great Lakes, and Energy (Michigan
or EGLE) that meets the infrastructure requirements for the 2015 ozone
NAAQS. EPA has already acted on all other elements of Michigan's
infrastructure SIP for the 2015 ozone NAAQS except for this element
pertaining to State boards.
B. Why did the State make this submission?
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires States to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP.'' These submissions must meet the various
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity
in some of the language of CAA section 110(a)(2), EPA believes that it
is appropriate to interpret these provisions in the specific context of
acting on infrastructure SIP submissions. EPA has previously provided
comprehensive guidance on the application of these provisions through a
guidance document for infrastructure SIP submissions and through
regional actions on infrastructure submissions.\1\ Unless otherwise
noted below, we are following that existing approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates a State's SIP revision for
facial compliance with statutory and regulatory requirements, not for
the State's implementation of its SIP.\2\ EPA has other authority to
address any issues concerning a State's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
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\1\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013, Infrastructure
SIP Guidance (available at <a href="https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf">https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf</a>), as well as in numerous agency actions, including EPA's prior
action on Michigan's, Illinois', Minnesota's, and Wisconsin's
infrastructure SIPs to address the 2008 lead NAAQS (79 FR 27241 (May
13, 2014)).
\2\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug.
30, 2018).
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II. What is EPA's analysis of the State's submission?
CAA section 110(a)(2)(E)(ii) requires that each SIP contain
provisions that comply with the State board requirements of CAA section
128. Section 128(a) contains two explicit requirements: (1) That any
board or body which approves permits or enforcement orders under the
CAA shall have at least a majority of members who represent the public
interest and do not derive any significant portion of their income from
persons subject to permits and enforcement orders under the CAA, and
(2) that any potential conflicts of interest by members of such board
or body or the head of an executive agency with similar powers be
adequately disclosed.
EPA did not act on this portion of Michigan's March 8, 2019, SIP
submission because Michigan had recently created State boards,\3\ and
EPA needed time to assess which rules applied to the boards. These
State boards have since been abolished.\4\
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\3\ Michigan Public Act 267 of 2018 created the Environmental
Rules Review Committee. Public Act 267 is available at <a href="https://www.legislature.mi.gov/Bills/Bill?ObjectName=2017-SB-0652">https://www.legislature.mi.gov/Bills/Bill?ObjectName=2017-SB-0652</a>. Michigan
Public Act 268 of 2018 created the Environmental Permit Review
Commission. Public Act 268 is available at <a href="https://www.legislature.mi.gov/Bills/Bill?ObjectName=2017-SB-0653">https://www.legislature.mi.gov/Bills/Bill?ObjectName=2017-SB-0653</a>. Public
Acts 267 and 268 were filed and effective on June 29, 2018.
\4\ Michigan Executive Order 2024-5, published July 18, 2024,
and effective September 17, 2024, abolished the Environmental Rules
Review Committee and the Environmental Permit Review Commission.
According to Executive Order 2024-5, the authority to hear permit
review appeals and to approve permits lies wholly with the Director
of EGLE or the Director's designee. Executive Order 2024-5 is
available at <a href="https://www.michigan.gov/whitmer/news/state-orders-and-directives/2024/07/18/executive-order-2024-5-executive-reorganization">https://www.michigan.gov/whitmer/news/state-orders-and-directives/2024/07/18/executive-order-2024-5-executive-reorganization</a>.
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Because Michigan no longer has State boards, CAA section 128(a)(1)
does not apply to Michigan. Michigan Civil Service Commission Rule 2-
8.3(a)(1) is already contained in Michigan's SIP and fulfills the
conflict of interest disclosure requirement of CAA section 128(a)(2).
Thus, EPA finds that Michigan's infrastructure SIP meets the
requirement of CAA section 110(a)(2)(E)(ii) for the 2015 ozone NAAQS.
III. What action is EPA taking?
EPA is approving Michigan's March 8, 2019, submission as satisfying
the requirement of CAA section 110(a)(2)(E)(ii) for the 2015 ozone
NAAQS.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section
[[Page 52240]]
of this Federal Register publication, we are publishing a separate
document that will serve as the proposal to approve the State plan if
relevant adverse written comments are filed. This rule will be
effective January 20, 2026 without further notice unless we receive
relevant adverse written comments by December 22, 2025. If we receive
such comments, we will withdraw this action before the effective date
by publishing a subsequent document that will withdraw the final
action. All public comments received will then be addressed in a
subsequent final rule based on the proposed action. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment. If we do not receive any comments,
this action will be effective January 20, 2026.
IV. 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 January 20, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: November 3, 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. In Sec. 52.1170, the table in paragraph (e) is amended under the
heading ``Infrastructure,'' by revising the entry for ``Section
110(a)(2) infrastructure requirements for the 2015 ozone NAAQS'' to
read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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State
Name of nonregulatory SIP Applicable geographic or submittal EPA approval Comments
provision nonattainment area date date
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* * * * * * *
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Infrastructure
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[[Page 52241]]
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Section 110(a)(2) Statewide................ 3/8/2019 11/20/2025, 90 Approved CAA
infrastructure requirements FR [Insert elements:
for the 2015 ozone NAAQS. Federal 110(a)(2)(A), (B),
Register page (C), (D)(i)(II)
where the Prong 3, D(ii),
document (E), (F), (G), (H),
begins]. (J), (K), (L), and
(M).
Disapproved CAA
elements:
110(a)(2)(D)(i)(I)
Prongs 1 and 2, and
110(a)(2)(D)(i)(II)
Prong 4.
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[FR Doc. 2025-20495 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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