Rule2026-03880
Air Plan Approval; Michigan; Moderate Attainment Plan Elements for the Allegan County, Berrien County, and Muskegon County Areas for the 2015 Ozone Standard
Primary source
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Published
February 26, 2026
Effective
March 30, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Michigan State Implementation Plan (SIP) as meeting the reasonable further progress (RFP) requirements of the Clean Air Act (CAA) for the Allegan County (partial county), Berrien County, and Muskegon County (partial county) Moderate nonattainment areas for the 2015 ozone national ambient air quality standard (NAAQS). The EPA is also approving updated 2017 base year emissions inventories and is finding adequate and approving the 2023 motor vehicle emissions budgets (budgets) associated with the Allegan County, Berrien County, and Muskegon County Moderate ozone nonattainment RFP demonstrations. The EPA is approving these portions of the State's SIP submission pursuant to section 110 and part D of the CAA, and EPA's regulations. The EPA proposed to approve this action on December 11, 2025, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Rules and Regulations]
[Pages 9453-9455]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03880]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0515; EPA-R05-OAR-2023-0516; EPA-R05-OAR-2023-0517;
FRL-12810-02-R5]
Air Plan Approval; Michigan; Moderate Attainment Plan Elements
for the Allegan County, Berrien County, and Muskegon County Areas for
the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Michigan State Implementation Plan (SIP) as meeting the
reasonable further progress (RFP) requirements of the Clean Air Act
(CAA) for the Allegan County (partial county), Berrien County, and
Muskegon County (partial county) Moderate nonattainment areas for the
2015 ozone national ambient air quality standard (NAAQS). The EPA is
also approving updated 2017 base year emissions inventories and is
finding adequate and approving the 2023 motor vehicle emissions budgets
(budgets) associated with the Allegan County, Berrien County, and
Muskegon County Moderate ozone nonattainment RFP demonstrations. The
EPA is approving these portions of the State's SIP submission pursuant
to section 110 and part D of the CAA, and EPA's
[[Page 9454]]
regulations. The EPA proposed to approve this action on December 11,
2025, and received no adverse comments.
DATES: This final rule is effective on March 30, 2026.
ADDRESSES: The EPA has established dockets for this action under Docket
ID Nos. EPA-R05-OAR-2023-0515, EPA-R05-OAR-2023-0516, and EPA-R05-OAR-
2023-0517. 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 Kathleen D'Agostino, at (312) 886-1767 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois, 60604, (312) 886-1767,
<a href="/cdn-cgi/l/email-protection#7d191c1a120e0914131253161c0915111818133d180d1c531a120b"><span class="__cf_email__" data-cfemail="a2c6c3c5cdd1d6cbcccd8cc9c3d6cacec7c7cce2c7d2c38cc5cdd4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background Information
On December 11, 2025 (90 FR 57403), the EPA proposed to approve
Michigan's updated 2017 base year emissions inventory and 15 percent
RFP demonstration, including the associated motor vehicle emissions
budgets, as revisions to Michigan's SIP pursuant to section 110 and
part D of the CAA and EPA's regulations because EGLE's October 16,
2023, submission satisfies the base year inventory and RFP requirements
of the CAA for the Allegan County, Berrien County and Muskegon County
areas under the 2015 ozone NAAQS. The EPA also initiated the adequacy
process for the 2023 motor vehicle emissions budgets for the Allegan
County, Berrien County and Muskegon County areas included in this SIP
submission. An explanation of the CAA requirements, a detailed analysis
of the revisions, and the EPA's reasons for proposing approval were
provided in the notice of proposed rulemaking, and will not be restated
here. The public comment period for this proposed rule ended on January
12, 2026. The EPA received no comments on the proposal.
II. Final Action
The EPA is approving Michigan's updated 2017 base year emissions
inventory and 15 percent RFP demonstration, including the associated
motor vehicle emissions budgets, as revisions to Michigan's SIP
pursuant to section 110 and part D of the CAA and the EPA's regulations
because EGLE's October 16, 2023, submission satisfies the base year
inventory and RFP requirements of the CAA for the Allegan County,
Berrien County and Muskegon County areas under the 2015 ozone NAAQS.
The EPA is also finding adequate the 2023 motor vehicle emissions
budgets for the Allegan County, Berrien County and Muskegon County
areas included in this SIP submission.
III. 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 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 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 April 27, 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, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: February 19, 2026.
Anne Vogel,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
[[Page 9455]]
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 by adding an
entry for ``2015 8-hour ozone Moderate RFP plans and motor vehicle
emission budgets'' after the entry for ``2015 Ozone Clean Data
Determination'' and revising the second entry for ``2015 8-hour ozone
2017 base year'' to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Comments
provision nonattainment area date
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* * * * * * *
2015 8-hour ozone Moderate RFP Allegan County 10/16/2023 2/26/2026, 91 FR ....................
plans and motor vehicle emission (part), Berrien [Insert Federal
budgets. County, and Register page where
Muskegon County the document
(part). begins].
* * * * * * *
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Emissions Inventories
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* * * * * * *
2015 8-hour ozone 2017 base year. Allegan County 10/16/2023 2/26/2026, 91 FR ....................
(part), Berrien [Insert Federal
County, and Register page where
Muskegon County the document
(part). begins].
* * * * * * *
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[FR Doc. 2026-03880 Filed 2-25-26; 8:45 am]
BILLING CODE 6560-50-P
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