Proposed Rule2026-03937
Air Plan Approval; Michigan; 2015 Ozone Moderate Reasonably Available Control Technology
Primary source
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Published
February 27, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions and additions to Michigan Air Pollution Control Rules (MAPCR) Parts 6 and 8 for inclusion in the Michigan State Implementation Plan (SIP). Michigan submitted these SIP revisions to meet the Moderate Volatile Organic Compound (VOC) and Nitrogen Oxide (NO<INF>X</INF>) Reasonably Available Control Technology (RACT) requirements for the Western Michigan nonattainment areas (Berrien, Western portion of Allegan, and Western portion of Muskegon counties) under the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard). The EPA is also proposing to approve MAPCR Rules that limit VOC emissions from consumer products and architectural and industrial maintenance coatings, as SIP strengthening measures for the Western Michigan nonattainment areas under the 2015 ozone standard. The Michigan Department of Environment, Great Lakes, and Energy (Michigan or EGLE) submitted the VOC SIP revisions on March 7, 2024, supplementing the submittal on May 2, 2024, and submitted the NO<INF>X</INF> SIP revisions on May 5, 2025, supplementing the submittal on August 6, 2025.
Full Text
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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Proposed Rules]
[Pages 9793-9798]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03937]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0137; EPA-R05-OAR-2025-0235; FRL-13185-01-R5]
Air Plan Approval; Michigan; 2015 Ozone Moderate Reasonably
Available Control Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions and additions to Michigan Air Pollution Control Rules
(MAPCR) Parts 6 and 8 for inclusion in the Michigan State
Implementation Plan (SIP). Michigan submitted these SIP revisions to
meet the Moderate Volatile Organic Compound (VOC) and Nitrogen Oxide
(NO<INF>X</INF>) Reasonably Available Control Technology (RACT)
requirements for the Western Michigan nonattainment areas (Berrien,
Western portion of Allegan, and Western portion of Muskegon counties)
under the 2015 ozone National Ambient Air Quality Standard (NAAQS or
standard). The EPA is also proposing to approve MAPCR Rules that limit
VOC emissions from consumer products and architectural and industrial
maintenance coatings, as SIP strengthening measures for the Western
Michigan nonattainment areas under the 2015 ozone standard. The
Michigan Department of Environment, Great Lakes, and Energy (Michigan
or EGLE) submitted the VOC SIP revisions on March 7, 2024,
supplementing the submittal on May 2, 2024, and submitted the
NO<INF>X</INF> SIP revisions on May 5, 2025, supplementing the
submittal on August 6, 2025.
DATES: Comments must be received on or before March 30, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0137 (for VOC RACT) or EPA-R05-OAR-2025-0235 (for NOx RACT) at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to <a href="/cdn-cgi/l/email-protection#1e7f6c6c7f306d7f6c7f765e7b6e7f30797168"><span class="__cf_email__" data-cfemail="8cedfefeeda2ffedfeede4cce9fceda2ebe3fa">[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. The EPA may publish any comment received to
its public docket. Do not submit to the EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to be Confidential
Business Information (CBI), Proprietary Business Information (PBI), or
other information whose disclosure is restricted by statute. Multimedia
[[Page 9794]]
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. The 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://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Katie Caskey, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490,
<a href="/cdn-cgi/l/email-protection#e88b899b838d91c683899c80848d8d86a88d9889c68f879e"><span class="__cf_email__" data-cfemail="167577657d736f387d77627e7a7373785673667738717960">[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 the EPA.
I. What is the EPA proposing?
Michigan's Part 6 rules regulate existing sources of VOC emissions,
while Michigan's Part 8 rules regulate existing sources of
NO<INF>X</INF> emissions. The EPA is proposing to approve various
revisions and additions to MAPCR Parts 6 and 8, except for MAPCR Rule
336.1601(a), which Michigan requested that the EPA not incorporate into
the SIP. The EPA is also proposing to remove the current SIP approved
version of R 336.1632, except for subrule (15), and is proposing to
approve Michigan's updated version of R 336.1632 (effective April 18,
2023), except for subrule (9), which Michigan requested the EPA not
incorporate into the SIP. Michigan submitted these SIP revisions to
meet the Moderate VOC and NO<INF>X</INF> RACT requirements for the
Western Michigan nonattainment areas under the 2015 ozone standard.
The EPA is proposing to approve MAPCR Rules 336.1660 and 336.1662,
which limit VOC emissions from consumer products and architectural and
industrial maintenance coatings, as SIP strengthening measures for the
areas. Although Michigan requested SIP revisions to Rules 336.1841(8),
336.1842(10), and 336.1844(9), the EPA is not proposing action on these
revisions in this action.
Finally, Michigan did not request EPA action on R. 336.1801,
336.1802, 336.1803, 336.1810, and 336.1818, which are responsive to
different CAA requirements and will be considered in a separate
rulemaking.
EGLE submitted the VOC SIP revisions on March 7, 2024,
supplementing them on May 2, 2024, and submitted the NO<INF>X</INF> SIP
revisions on May 5, 2025, supplementing them on August 6, 2025.
II. What is the background for this action?
Under Clean Air Act (CAA) section 109, the EPA has established
primary and secondary NAAQS for certain air pollutants (referred to as
``criteria pollutants'') and conducts periodic reviews of the NAAQS to
determine whether they should be revised or whether new NAAQS should be
established. The primary NAAQS represent ambient air quality standards
which the EPA has determined are necessary to protect the public health
with an adequate margin of safety. The secondary NAAQS represent
ambient air quality standards which the EPA has determined are
necessary to protect the public welfare from any known or anticipated
adverse effects associated with the presence of such air pollutant in
the ambient air. One such criteria pollutant is ground-level ozone.
Ozone forms from complex chemical reactions in ambient air between
NO<INF>X</INF> and VOCs. Cars, trucks, buses, engines, industries,
power plants, and products such as solvents and paints are among the
major manmade sources of ozone-forming emissions. Exposure to ozone can
harm the respiratory system, aggravate asthma and other lung diseases,
and is linked to premature death from respiratory causes.
On October 26, 2015, the EPA promulgated a new 8-hour primary ozone
NAAQS of 70 parts per billion (ppb) at 40 CFR 50.19, which is met at an
ambient air quality monitoring site when the 3-year average of the
annual fourth-highest daily maximum 8-hour average ozone concentration
is less than or equal to 0.070 ppm, as determined in accordance with
appendix U of 40 CFR part 50.\1\ Upon promulgation of a new or revised
NAAQS, the EPA is required to designate all areas of the country as
either ``attainment'' (meets the standard), ``nonattainment'' (does not
meet the standard), or ``unclassifiable'' (any area that cannot be
classified on the basis of available information).\2\
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\1\ 80 FR 65292 (October 26, 2015).
\2\ CAA section 107(d)(1)(A).
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Under the cooperative federalism framework of CAA section 110,
States and the EPA each play a unique role in ensuring attainment and
maintenance of the NAAQS. States are primarily responsible for
developing plans for attaining and maintaining the NAAQS in areas
within their jurisdiction, based on CAA requirements, planning rules,
and guidance promulgated by the EPA. These planning requirements
include (but are not limited to) provisions for implementing emissions
controls, tracking progress toward attainment and monitoring and
reporting air quality data, with the overarching goal of attaining and
maintaining the NAAQS as expeditiously as practical, but no later than
the CAA's maximum attainment date.
Effective on August 3, 2018, the EPA initially designated 51 areas
throughout the country as nonattainment for the 2015 ozone NAAQS,
including the Western Michigan nonattainment areas.\3\ In a separate
action, the EPA assigned classification thresholds based on the
severity of an area's ozone levels, determined by the area's monitored
design value (DV).\4\ As a result of that action, the Western Michigan
nonattainment areas were initially classified as Marginal. Also in that
action, the EPA established the attainment dates for Marginal,
Moderate, Serious, Severe, and Extreme nonattainment areas as 3 years,
6 years, 9 years, 15 years, and 20 years, respectively, from the
effective date of the final designations.\5\ Therefore, the attainment
dates for each nonattainment area classification for the 2015 ozone
NAAQS were/are as follows: August 3, 2021, for Marginal areas, August
3, 2024, for Moderate areas, August 3, 2027, for Serious areas, August
3, 2033, for Severe areas, and August 3, 2038, for Extreme areas.
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\3\ 83 FR 25776 (June 4, 2018).
\4\ 83 FR 10376 (March 9, 2018).
\5\ Id. 10380.
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The EPA also promulgated a rulemaking clarifying the CAA's ozone
nonattainment area implementation requirements for the 2015 ozone NAAQS
(herein referred to as the ``2015 Ozone SIP Requirements Rule'').\6\
That implementation rulemaking articulated the CAA's substantive
requirements for ozone nonattainment areas for each classification
level and established deadlines for submission of plan
[[Page 9795]]
revisions to address those requirements.\7\
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\6\ 83 FR 62998 (December 6, 2018).
\7\ Id.; 40 CFR 51.1300-1319.
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Effective November 7, 2022, the EPA determined that the Western
Michigan nonattainment areas failed to attain by the Marginal area
attainment date and the areas were reclassified by operation of law to
Moderate.\8\ Effective January 16, 2025, the EPA determined that the
Western Michigan nonattainment areas failed to attain by the Moderate
area attainment date and the areas were reclassified to Serious by
operation of law.\9\ Michigan's Serious RACT SIP was due on January 1,
2026, but this action addresses RACT for Moderate nonattainment
only.\10\
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\8\ 87 FR 60897 (October 7, 2022).
\9\ 89 FR 101901 (December 17, 2024).
\10\ 90 FR 5651 (January 17, 2025).
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II. RACT Requirements for Ozone
RACT is an important strategy for reducing NO<INF>X</INF> and VOC
emissions from major stationary sources and sources covered by a
control techniques guideline (CTG) document. Since the 1970s, the EPA
has defined RACT as the lowest emission limit that a particular source
is capable of meeting by the application of the control technology that
is reasonably available considering technological and economic
feasibility.\11\
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\11\ Guidance for Determining Acceptability of SIP Regulations
in Non-Attainment Areas (December 9, 1976) and 44 FR 53762
(September 17, 1979).
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Areas designated nonattainment for an ozone NAAQS are subject to
the general nonattainment area planning requirements of CAA section
172. Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including emissions reductions from existing sources through the
adoption of RACT. Further, section 182(b)(2) of the CAA sets forth
three specific RACT requirements for ozone nonattainment areas
classified as Moderate or higher.
First, section 182(b)(2)(A) requires that States submit a revision
to their SIP requiring implementation of RACT for each category of VOC
sources in the nonattainment area covered by a CTG document issued by
the EPA between November 15, 1990, and the date of attainment. Second,
section 182(b)(2)(B) requires a SIP revision to implement RACT for all
VOC sources in the nonattainment area covered by any CTG issued before
November 15, 1990. Third, section 182(b)(2)(C) requires a SIP revision
implementing RACT for any other major stationary source of VOCs located
in the nonattainment area. This RACT requirement is extended to major
stationary sources of NO<INF>X</INF> in section 182(f) of the CAA,
which subjects major stationary sources of NO<INF>X</INF> to the same
requirements that are applicable to major stationary sources of VOCs.
These ozone RACT requirements are sometimes referred to collectively as
VOC CTG RACT, non-CTG major source VOC RACT, and major source
NO<INF>X</INF> RACT.
A ``major source'' is defined based on the source's potential to
emit (PTE) of NO<INF>X</INF>, VOC, or both pollutants, and the
applicable thresholds differ based on the classification of the
nonattainment area in which the source is located.\12\
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\12\ See CAA sections 182(c)-(f) and 302(j).
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The EPA has affirmed RACT requirements through implementation rules
for each ozone NAAQS as well as through guidance. The EPA's 2015 Ozone
SIP Requirements Rule outlined the requirements that States with ozone
nonattainment areas need to address for the 2015 ozone NAAQS, which
include RACT requirements.\13\
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\13\ 40 CFR 51.1312.
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The preamble to the 2015 ozone implementation rule, consistent with
the EPA's prior guidance, says that when determining what is RACT for a
particular source or category of sources, air agencies should consider
all relevant information (including recent technical information and
information received during the State's public comment period) that is
available at the time they develop their RACT SIPs.\14\ The EPA
informally refers to this assessment process as a ``due diligence
review'' and considers it a necessary component of approvable RACT
determinations.\15\
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\14\ 83 FR at 63007.
\15\ See Ozone NAAQS Resource Document: Due Diligence Review
Framework for Air Agencies Developing RACT SIP Revisions (Dec. 19,
2024).
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Further, an air agency that has previously implemented RACT via the
EPA-approved SIP revisions for a prior ozone NAAQS may conclude that
new or revised RACT regulations are not necessary to meet RACT
requirements for a revised ozone NAAQS. In such situations, an air
agency may submit SIP revisions certifying that existing RACT
regulations are adequate to meet applicable nonattainment area or Ozone
Transport Region RACT requirements for a revised ozone NAAQS (these are
referred to as ``certification SIPs''). States should include an
accompanying due diligence analysis in their SIP submittal showing why
no new or revised RACT regulations are necessary. Put another way, the
SIP submission should include analyses to explain why the previously
approved RACT regulations continue to represent RACT for the revised
NAAQS. Additionally, if there are no sources covered by a certain CTG
within a nonattainment area, a State may submit a negative declaration
stating so, in place of regulatory requirements to apply RACT for that
category of sources.
This action addresses Michigan's Moderate VOC and NO<INF>X</INF>
RACT SIP submittal for the 2015 ozone standard for the Western Michigan
nonattainment areas. This action also addresses rules that reduce VOC
emissions from the consumer products and architectural coatings
categories.
III. What is the EPA's evaluation of Michigan's submittal?
A. Revisions to Existing VOC RACT CTG Regulations in MAPCR Part 6
The EPA previously determined that Michigan's Administrative Code,
``Part 6. Emission Limitations and Prohibitions--Existing Sources of
Volatile Organic Compound Emissions'' met CTG and non-CTG VOC RACT
requirements associated with past ozone NAAQS and approved them into
the Michigan SIP. These Part 6 VOC regulations were originally
developed and incorporated into Michigan's SIP under the previous 1-
hour (1979) ozone standard.\16\ The Muskegon and Berrien nonattainment
areas were redesignated to attainment under the 1997 ozone standard
before RACT became due.\17\ Michigan was designated attainment/
unclassifiable under the 2008 ozone standard, so the State was not
required to implement RACT under this standard.\18\
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\16\ 59 FR 46182 (September 7, 1994)
\17\ 72 FR 27425 (May 16, 2007)
\18\ 77 FR 30088 (May 21, 2012)
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To meet the VOC RACT requirements for the 2015 ozone NAAQS,
Michigan revised several existing VOC RACT rules in Part 6. These
amendments address cases where certain CTGs have been revised or
reissued since the State rules were last SIP-approved, and revise
certain rules' applicability to include the current ozone nonattainment
areas. The amended rules include:
<bullet> R 336.1606-R 336.1611
<bullet> R 336.1618
<bullet> R 336.1620-R 336.1625
<bullet> R 336.1627-R 336.1632
Michigan also adopted new VOC RACT rules in Part 6 for the Western
Michigan nonattainment areas under the 2015 ozone standard. These new
rules address CTGs the EPA issued since the Part 6 rules were last
approved:
<bullet> R 336.1610a
<bullet> R 336.1620a
<bullet> R 336.1624a
[[Page 9796]]
<bullet> R 336.1633-R 336.1644
In addition, Michigan amended R 336.1601 and R 336.1602 to align
with its new and revised CTG-based RACT rules. R 336.1601 establishes
definitions for various words and phrases used throughout Part 6 as
well as the definition for ``existing source.'' The EPA is proposing to
approve R 336.1601, with the exception of subrule (a), which Michigan
requested that the EPA not incorporate into the SIP. R 336.1602,
discussed further below, establishes alternative procedures requiring
State and EPA SIP approval, as well as requirements for non-CTG RACT
analyses.
As noted above, R 336.1632 was revised to address CTGs the EPA
issued since the rule was last approved. The EPA is proposing to remove
the current SIP-approved version of R 336.1632 from the SIP, with the
exception of subrule (15), and is proposing to approve Michigan's
current version of R 336.1632, effective April 18, 2023, with the
exception of subrule (9), which Michigan requested that the EPA not
incorporate into the SIP.
Michigan and the EPA performed RACT due diligence analyses
comparing the State's VOC RACT rules to relevant CTGs and RACT rules in
other States. The EPA found Michigan's rules to be mostly consistent
with similar VOC RACT rules adopted by other States and with the
relevant CTGs. The EPA has not identified any new reasonably available
control technologies, considering technological and economic
feasibility for these sources. As a result of the EPA's due diligence
analysis, the EPA is proposing to determine that these VOC RACT
regulations are representative of RACT for the Western Michigan
nonattainment areas for purposes of the 2015 ozone standard. See more
about the due diligence process in the EPA's technical support document
(TSD) \19\ and in part G of section III of this preamble.
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\19\ Available in the docket for this action.
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B. Michigan's Demonstration for Coating Usage Exemptions in R 336.1610,
R 336.1620, R 336.1621, and R 336.1624
Michigan adopted Rules R 336.1610a, R 336.1620a, R 336.1621a, and R
336.1624a as VOC rules covering CTG categories in nonattainment areas
under the 2015 ozone standard.
<bullet> R 336.1610a: Surface coating of cans, coils, paper, fabrics,
automobiles, and light-duty trucks
<bullet> R 336.1620a: Flat wood paneling coatings
<bullet> R 336.1621a: Miscellaneous metal and plastic parts coatings
<bullet> R 336.1624a: Flexible package printing
These rules meet RACT requirements and use the more stringent VOC
coating-usage exemption level of 15 pounds per day (lbs/day).
Michigan previously adopted Rules R 336.1610, R 336.1620, R
336.1621, and R 336.1624, which also regulate VOC content in coatings
and printing inks. These rules apply to areas not required to comply
with rules R 336.1610a, R 336.1620a, R 336.1621a, and R 336.1624a.
Michigan finalized Rule 610 in 1980 and Rules 620, 621, and 624 in
1981.
<bullet> R 336.1610: Automobile and light-duty truck assembly coatings;
coatings for paper, vinyl, fabric, and certain metallic products
<bullet> R 336.1620: Flat wood paneling coatings
<bullet> R 336.1621: Miscellaneous metal coatings not covered by Rule
610
<bullet> R 336.1624: Certain printing operations
In 1993, Michigan revised these rules to meet the EPA's RACT ``fix-
up requirement'' under CAA section 182(a)(2)(A), which standardized VOC
control levels nationwide. The revisions reduced the exemption levels
from 2,000 pounds per month (lbs/month) to 15 lbs/day (2.7 tons per
year (tpy)). These lower exemptions created significant financial
burdens for small coating operations that emitted minimal VOCs. In
1997, Michigan responded by restoring the pre-1993 exemption levels at
the State level, which was typically 2,000 lbs/month (12 tpy). The
State later made additional revisions to update adoption-by-reference
materials and clarify rule language.
Michigan conducted a demonstration for Rules R 336.1610, R
336.1620, R 336.1621, and R 336.1624 to determine whether revising the
SIP-approved 15 lbs/day exemption back to 2,000 lbs/month would
increase VOC emissions. The analysis evaluated potential changes in
emissions by comparing current reported emissions (under the 12 tpy
exemption) with projected emissions under the 2.7 tpy exemption. It
focused on units with combined emissions between 2.7 and 12 tpy, which
are assumed not to be subject to the current SIP-approved rules.
Michigan's analysis shows that the higher exemption limits will not
increase emissions. In fact, actual emissions under the higher
exemption limit (12 tpy or 2,000 lbs/month) were lower than the
potential emissions allowed under the stricter 15 lbs/day exemption
limit.
Therefore, the EPA is proposing to approve Rules R 336.1610, R
336.1620, R 336.1621, and R 336.1624 into the Michigan SIP as
satisfying CAA section 110(l) requirements, because the revisions will
not interfere with attainment or reasonable further progress.
C. Negative Declarations
For the Western Michigan nonattainment areas, Michigan provided
Negative Declarations for the following CTGs: ``Manufacture of
Pneumatic Rubber Tires,'' ``Large Petroleum Dry Cleaners,''
``Manufacture of High-Density Polyethylene, Polypropylene, and
Polystyrene Resins,'' ``Air Oxidation Processes in Synthetic Organic
Chemical Manufacturing Industry,'' ``Reactor Processes and Distillation
Operations in Synthetic Organic Chemical Manufacturing Industry,''
``Shipbuilding and Ship Repair Operations,'' ``Large Appliance
Coatings,'' and ``Oil and Natural Gas Industry.'' Michigan reviewed
facilities in the Western Michigan nonattainment areas for the 2015
ozone standard and determined that no sources are subject to any of
these CTGs. To reach this conclusion, Michigan used its Michigan Air
Emissions Reporting System (MAERS), Michigan Air Compliance Emissions
System (MACES), district office outreach, and external stakeholder
workgroup feedback. The EPA concurs with Michigan that there are no
applicable sources for the RACT categories covered by these negative
declarations.
D. Non-CTG Major Source VOC Categorical RACT
In Moderate ozone nonattainment areas, non-CTG VOC major sources,
which are subject to RACT, are stationary sources with a PTE of 100 tpy
or more of VOCs. Many major VOC sources located in the Western Michigan
ozone nonattainment areas are subject to categorical RACT rules.
Michigan's VOC RACT rules currently establish non-CTG RACT for two
source categories. Michigan revised these rules, extending their
geographic applicability to include the Western Michigan 2015 ozone
nonattainment areas:
<bullet> R 336.1630: Emission of volatile organic compounds from
existing paint manufacturing processes
<bullet> R 336.1631: Emission of volatile organic compounds from
existing process equipment utilized in manufacture of polystyrene or
other organic resins
Michigan's due diligence analysis, available in the docket,
compares its
[[Page 9797]]
non-CTG categorical RACT rules to similar rules adopted by other
States. The EPA found Michigan's rules to be consistent with those
comparisons and did not identify any new control technologies that are
reasonably available considering technological and economic feasibility
for these sources. As a result of Michigan's due diligence analysis,
the EPA is proposing to determine that these non-CTG VOC RACT
regulations are still representative of RACT for the Western Michigan
nonattainment areas under the 2015 ozone standard. See more about the
due diligence process in part G of section III of this preamble.
E. Non-CTG VOC and NOX Major Source-Specific RACT Determinations
MAPCR Rule 336.1602(4) requires non-CTG VOC major sources that are
not regulated under other Michigan VOC RACT rules to submit RACT
studies within 6 months of final promulgation of Michigan's rule or an
alternative timeframe approved by Michigan. Similarly, MAPCR Rule
336.1846 requires NO<INF>X</INF> major sources that are not covered by
other Michigan NO<INF>X</INF> RACT rules to submit RACT studies within
one year of the effective date of Michigan's rule. Michigan will then
submit the source-specific RACT plans with enforceable measures to the
EPA for review and approval into the Michigan SIP. Since these
procedural rules do not establish any control standards, they do not
themselves establish RACT-level controls. However, all of the non-CTG
VOC and NO<INF>X</INF> major sources in the Western Michigan
nonattainment areas are covered by non-CTG categorical rules and none
currently exist that would be subject to Rules 336.1602(4) or 336.1846.
The EPA is proposing to approve Rules 336.1602(4) and 336.1846 into
Michigan's SIP.
F. VOC SIP Strengthening: Consumer Products and AIM Rules, R 336.1660
(Amended), R 336.1662 (Added), R 336.1661 (Rescinded)
The EPA is proposing to approve Michigan's amended Rule 336.1660
and newly added Rule 336.1662 as SIP strengthening for the Western
Michigan nonattainment areas under the 2015 ozone standard. Rule
336.1660 reduces VOC emissions from consumer products, while Rule
336.1662 limits VOC emissions from architectural and industrial
maintenance coatings. Neither rule is based on CTGs. Rule 336.1661 is
being rescinded, as its content has been incorporated into the updated
R 336.1660.
G. RACT Due Diligence
Michigan developed a comparison table evaluating its VOC RACT rules
against applicable CTGs and RACT regulations in other States. The EPA
performed a due diligence analysis to evaluate Michigan's VOC and
NO<INF>X</INF> RACT submittal and to supplement Michigan's comparison
table for the Western Michigan nonattainment areas under the 2015 ozone
standard. In the EPA's TSD (available in the docket), the EPA details
the basis for concluding that Michigan's regulations fulfill RACT
through comparison with RACT rules developed by other States, CTG
guidance documents, and applicable Alternative Control Technology (ACT)
documents. The EPA evaluated the relevant RACT rules in various States
including Region 5 States (Illinois, Ohio, Indiana, and Wisconsin) and
States in EPA Regions 1, 2, 6, 8, and 9 (Maine, Vermont, California,
Colorado, Texas, Arizona, New Jersey, Connecticut, and New York). The
EPA found Michigan's rules to be generally consistent with or more
stringent than control measures in other States' regulations, CTGs, and
ACT documents. The EPA has not identified any new control technologies
that are reasonably available considering technological and economic
feasibility for these sources. Based upon our findings, the EPA
proposes to determine that Michigan's VOC and NO<INF>X</INF> rules
represent RACT.
H. NOX RACT Rules
``Part 8. Emission Limitations and Prohibitions--Oxides of
Nitrogen'' has not been previously submitted or approved into
Michigan's SIP. Michigan promulgated NO<INF>X</INF> RACT emission
standards for various sizes of engines, boilers, combustion turbines,
miscellaneous process-specific combustion sources, and Alternative
NO<INF>X</INF> RACT, which are contained in MAPCR R 336.1840-R336.1845.
Michigan evaluated other States' recent RACT regulations and
analyzed emissions and operational profiles of combustion units at
major source facilities in Michigan to determine RACT requirements for
these categories. These regulations establish NO<INF>X</INF> RACT
requirements for combustion engines, boilers, combustion turbines, hot
mix asphalt plants, process heaters, engine test cells, lime kilns, and
glass manufacturing. They also outline the process and timeline for
proposing alternative RACT for emission units that would otherwise be
subject to the Part 8 NO<INF>X</INF> RACT requirements. The EPA is
proposing to approve the following sections of MAPCR Part 8 as meeting
the NO<INF>X</INF> RACT requirement for the Western Michigan
nonattainment areas under the 2015 ozone standard into the Michigan
SIP: R 336.1840, 336.1841(1)-(7), 336.1842(1)-336.1842(9), 336.1843,
336.1844(1)-336.1844(8), and R336.1845. In the EPA's due diligence
analysis, the EPA compares Michigan's NO<INF>X</INF> RACT rules to
other relevant State rules and ACTs. The EPA found Michigan's rules to
be in some cases more stringent than other states' NO<INF>X</INF> RACT
rules and consistent with the ACTs. The EPA has not identified any new
control technologies that are reasonably available considering
technological and economic feasibility for these sources. See the EPA's
TSD and this preamble for more information on the EPA's due diligence
analysis.
I. Consumer Products and AIM Rules, R 336.1660 (Amended), R 336.1662
(Added), R 336.1661 (Rescinded)
The Consumer Products and AIM Coatings Rules are not RACT rules.
However, Michigan submitted these VOC SIP revisions as part of its
attainment strategy for the Western Michigan nonattainment areas under
the 2015 ozone standard. The EPA is proposing to approve Michigan's
Rules R 336.1660 and R 336.1662, which establish VOC limits for
consumer products and architectural and industrial maintenance
coatings, as SIP-strengthening measures for the Western Michigan
nonattainment areas under the 2015 ozone standard. Michigan is relying
in part on the VOC emission reductions from these rules to meet the
reasonable further progress requirements under CAA section 182(b)(1).
Rule 336.1660 regulates VOC emissions reductions from consumer
products, while Rule 336.1662 regulates VOC emissions reductions from
architectural and industrial maintenance coatings. Neither rule is
based on CTGs. Michigan is rescinding Rule 336.1661 because its content
is now incorporated into the updated R 336.1660.
IV. What action is the EPA taking?
The EPA is proposing to approve various revisions and additions to
MAPCR Parts 6 and 8 into the Michigan SIP as described in the Preamble
above. The EPA is proposing to approve these revisions as meeting the
Moderate VOC and NO<INF>X</INF> RACT requirements of CAA sections
182(b)(2) and NO<INF>X</INF> RACT requirements of 182(f) of the CAA,
respectively, for the Western Michigan nonattainment areas under the
2015 ozone standard. EPA is also proposing to approve MAPCR Rules
336.1660 and 336.1662, which limit VOC emissions
[[Page 9798]]
from consumer products and architectural and industrial maintenance
coatings, as SIP strengthening measures for the areas. The EPA is not
acting on R 336.1841(8), R 336.1842(10), and R 336.1844(9), and will
address these rules in a separate action.
V. Incorporation by Reference
In this rulemaking, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Michigan rules R 336.1601; except for R
336.1601(a);R 336.1602; R 336.1606; R 336.1607; R 336.1608; R 336.1609;
R 336.1610; R 336.1610a; R 336.1611; R 336.1618; R 336.1620; R
336.1620a; R 336.1621; R 336.1621a; R 336.1622; R 336.1623; R 336.1624;
R 336.1624a; R 336.1625; R 336.1627; R 336.1628; R 336.1629; R
336.1630; R 336.1631; R 336.1632, except for R 336.1632(9); R 336.1633;
R 336.1634; R 336.1635; R 336.1636; R 336.1637; R 336.1638; R 336.1639;
R 336.1640; R 336.1641; R 336.1642; R 336.1643; R 336.1644; R 336.1660;
R 336.1661 (Rescinded); and R 336.1662; effective April 18, 2023, and R
336.1840; R 336.1841,except for R 336.1841(8); R 336.1842, except for R
336.1842(10); R 336.1843; R 336.1844, except for R 336.1844(9); R
336.1845; and R 336.1846; effective April 28, 2025, discussed in
section III of this preamble. The EPA has made, and will continue to
make, these documents generally available through <a href="http://www.regulations.gov">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).
VI. 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 rulemaking 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).
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.
[FR Doc. 2026-03937 Filed 2-26-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.