Proposed Rule2026-04851
Air Plan Approval; Michigan; Clean Data Determination for the Berrien, MI and Muskegon, MI Areas for the 2015 Ozone Standards
Primary source
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Published
March 12, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine under the Clean Air Act (CAA) that the Berrien, Michigan and Muskegon, Michigan areas have attained the 2015 ozone National Ambient Air Quality Standards (NAAQS or standards). This determination, often referred to as a clean data determination, is based upon complete, quality-assured, and certified ambient air monitoring data for the 2023-2025 design value period showing that the areas achieved attainment of the 2015 ozone NAAQS. This clean data determination also relies upon the Michigan Department of Environment, Great Lakes, and Energy's (EGLE's) exceptional events requests submitted to the EPA on December 26, 2025, and concurred upon by the EPA on January 12, 2026. As a result of this determination, the EPA is proposing to suspend the requirements for the Berrien and Muskegon areas to submit attainment demonstrations and associated Reasonably Available Control Measures (RACM), Reasonable Further Progress (RFP) plans, contingency measures for failure to attain or make reasonable progress, and other planning State Implementation Plans (SIPs) related to attainment of the 2015 ozone NAAQS, for as long as the areas continue to attain the 2015 ozone NAAQS.
Full Text
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<title>Federal Register, Volume 91 Issue 48 (Thursday, March 12, 2026)</title>
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[Federal Register Volume 91, Number 48 (Thursday, March 12, 2026)]
[Proposed Rules]
[Pages 12123-12126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04851]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2026-1354; FRL-13264-01-R5]
Air Plan Approval; Michigan; Clean Data Determination for the
Berrien, MI and Muskegon, MI Areas for the 2015 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine under the Clean Air Act (CAA) that the Berrien, Michigan and
Muskegon, Michigan areas have attained the 2015 ozone National Ambient
Air Quality Standards (NAAQS or standards). This determination, often
referred to as a clean data determination, is based upon complete,
quality-assured, and certified ambient air monitoring data for the
2023-2025 design value period showing that the areas achieved
attainment of the 2015 ozone NAAQS. This clean data determination also
relies upon the Michigan Department of Environment, Great Lakes, and
Energy's (EGLE's) exceptional events requests submitted to the EPA on
December 26, 2025, and concurred upon by the EPA on January 12, 2026.
As a result of this determination, the EPA is proposing to suspend the
requirements for the Berrien and Muskegon areas to submit attainment
demonstrations and associated Reasonably Available Control Measures
(RACM), Reasonable Further Progress (RFP) plans, contingency measures
for failure to attain or make reasonable progress, and other planning
State Implementation Plans (SIPs) related to attainment of the 2015
ozone NAAQS, for as long as the areas continue to attain the 2015 ozone
NAAQS.
DATES: Comments must be received on or before April 13, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2026-1354 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#caa6afb9a6a3afe4a7a3a9a2abafa68aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="c8a4adbba4a1ade6a5a1aba0a9ada488adb8a9e6afa7be">[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 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: Delaney Kilgour, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, telephone number: (312)
886-1493, email address: <a href="/cdn-cgi/l/email-protection#610a080d060e14134f05040d000f0418210411004f060e17"><span class="__cf_email__" data-cfemail="3d5654515a52484f135958515c5358447d584d5c135a524b">[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. Background
The EPA has determined that ground-level ozone is detrimental to
human health. On October 1, 2015, the EPA promulgated a revised 8-hour
ozone NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October
26, 2015). Under the EPA's regulations at 40 CFR part 50, the 2015
ozone NAAQS is attained in an area when the 3-year average of the
annual fourth highest daily maximum 8-hour average
[[Page 12124]]
concentration is equal to or less than 0.070 ppm, when truncated after
the thousandth decimal place, at all of the ozone monitoring sites in
the area. See 40 CFR 50.19 and appendix U to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires the EPA to designate as nonattainment any areas
that are violating the NAAQS, based on the most recent three years of
quality-assured ozone monitoring data. The Berrien and Muskegon areas
were designated as Marginal nonattainment areas for the 2015 ozone
NAAQS on June 4, 2018 (83 FR 25776) (effective August 3, 2018). The
Berrien area includes Berrien County, and the Muskegon area includes
the western portion of Muskegon County.\1\ On October 7, 2022 (87 FR
60897), the EPA determined the Berrien and Muskegon areas did not
attain the standards by the Marginal attainment date, and the areas
were reclassified as Moderate by operation of law. More recently, on
December 17, 2024 (89 FR 101901), the EPA determined the areas did not
attain the standards by the Moderate attainment date, and the areas
were reclassified as Serious by operation of law.
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\1\ The Muskegon, Michigan 2015 ozone nonattainment area
consists of Blue Lake Township, City of Montague, City of Muskegon,
City of Muskegon Heights, City of North Muskegon, City of Roosevelt
Park, City of Whitehall, Dalton Township, (incl. Village of Lakewood
Club), Fruitland Township, Fruitport Township, (incl. Village of
Fruitport) Laketon Township, Montague Township, Muskegon Township,
Norton Shores Township, White River Township, and Whitehall
Township.
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II. Exceptional Events Demonstration
Congress recognized that it may not be appropriate for the EPA to
use certain monitoring data collected by the ambient air quality
monitoring network and maintained in the EPA's Air Quality System (AQS)
database in certain regulatory determinations. Thus, in 2005, Congress
provided the statutory authority for the exclusion of data influenced
by ``exceptional events'' meeting specific criteria by adding section
319(b) to the CAA.\2\
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\2\ Under CAA section 319(b), an exceptional event means an
event that (i) affects air quality; (ii) is not reasonably
controllable or preventable; (iii) is an event caused by human
activity that is unlikely to recur at a particular location or a
natural event; and (iv) is determined by the EPA under the process
established in regulations promulgated by the EPA in accordance with
section 319(b)(2) to be an exceptional event. For the purposes of
section 319(b), an exceptional event does not include (i) stagnation
of air masses or meteorological inversions; (ii) a meteorological
event involving high temperatures or lack of precipitation; or (iii)
air pollution relating to source noncompliance.
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To implement this 2005 CAA amendment, the EPA promulgated the 2007
Exceptional Events Rule on March 22, 2007 (72 FR 13560). The 2007
Exceptional Events Rule created a regulatory process codified at 40 CFR
parts 50 and 51 (sections 50.1, 50.14 and 51.930). These regulatory
sections, which superseded the EPA's previous guidance on handling data
influenced by events, contain definitions, procedural requirements,
requirements for air agency demonstrations, criteria for the EPA's
approval of the exclusion of event-affected air quality data from the
data set used for regulatory decisions, and requirements for air
agencies to take appropriate and reasonable actions to protect public
health from exceedances or violations of the NAAQS. On October 3, 2016
(81 FR 68216), the EPA promulgated a comprehensive revision to the 2007
Exceptional Events Rule. The 2016 Exceptional Events Rule revision
included the requirement that, if a State demonstrates that emissions
from a wildfire smoke event caused a specific air pollution
concentration in excess of the NAAQS at a particular air quality
monitoring location and otherwise satisfies the requirements of 40 CFR
50.14, the EPA must exclude that data from use in determinations of
exceedances and violations.\3\
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\3\ 40 CFR 50.14(b)(4).
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The CAA provides for the exclusion of air quality monitoring data
from design value calculations when there are NAAQS exceedances caused
by events, such as wildfires, that meet the criteria for an exceptional
event identified in the EPA's Exceptional Events Rule at 40 CFR 50.1,
50.14 and 51.930. For the purposes of this proposed action for the
Berrien area, on December 26, 2025, EGLE submitted an exceptional
events demonstration to show that ozone concentrations recorded at the
Coloma monitor with Site ID 26-021-0014 on June 19 and July 25, 2023,
were influenced by wildfires. The EPA concurred with this demonstration
on January 12, 2026. For the purposes of this proposed action for the
Muskegon area, on December 26, 2025, EGLE submitted an exceptional
events demonstration to show that ozone concentrations recorded at the
Muskegon monitor with Site ID 26-121-0039 on June 19, June 29, June 30,
and July 25, 2023 and July 15, 2025, were influenced by wildfires. The
EPA concurred with this demonstration on January 12, 2026.
The EPA found that Michigan's demonstration for the Berrien area
and for the Muskegon area met the Exceptional Events Rule criteria and
determined that these wildfire events had regulatory significance for
purposes of calculating the areas' most recent design values to
demonstrate the areas are attaining the standard in order to make clean
data determinations for the 2015 ozone NAAQS. For this proposed action,
the EPA will rely on the calculated values that exclude the event-
influenced data for the purpose of demonstrating attainment of the 2015
ozone NAAQS. Further details on Michigan's analyses and the EPA's
concurrences can be found in the docket for this regulatory action.
While the EPA has concurred with Michigan's requests to exclude
event-influenced air quality monitoring data from regulatory decisions,
these regulatory actions require the EPA to provide an opportunity for
public comment on the exceptional events noted above and all supporting
data prior to the EPA taking final agency action. This proposed action
provides the public with an opportunity to comment on the exceptional
events noted above, all supporting documents, and the EPA's concurrence
with Michigan's exception events requests. As such, the EPA proposes to
take final regulatory action on the exceptional events requests from
Michigan to exclude the claimed exceptional events from the data set
used for regulatory purposes.
III. Clean Data Determination
Following enactment of the CAA Amendments of 1990, the EPA
discussed its interpretation of the requirements for implementing the
NAAQS in the General Preamble for the Implementation of Title I of the
CAA Amendments of 1990 (General Preamble), 57 FR 13498, 13564 (April
16, 1992). On November 29, 1995 (70 FR 71612), the EPA set forth what
has become known as its ``Clean Data Policy'' for the 1-hour ozone
NAAQS. Under the Clean Data Policy, for a nonattainment area that can
demonstrate attainment of the standard before implementing CAA
nonattainment measures, the EPA interprets the requirements of the CAA
that are specifically designed to help an area achieve attainment, such
as the requirements for such area to submit attainment demonstrations
and associated RACM, RFP plans, contingency measures for failure to
attain or make reasonable progress, and other planning SIPs related to
attainment of the ozone NAAQS, to be suspended for as long as air
quality continues to meet the standard. Such a determination of
attainment under the Clean Data Policy is known informally as a clean
data determination. On
[[Page 12125]]
December 6, 2018 (83 FR 62998), in the final rule updating implementing
regulations for the 2015 ozone NAAQS, the EPA codified this policy at
40 CFR 51.1318.
An area is attaining the 2015 ozone NAAQS if it meets the 2015
ozone NAAQS based on three complete, consecutive calendar years of
quality-assured air quality data for all monitoring sites in the area.
To attain the 2015 ozone NAAQS, the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations (ozone
design value) at each monitor must not exceed 0.070 ppm. The air
quality data must be collected and quality-assured in accordance with
40 CFR part 58 and recorded in AQS. Ambient air quality monitoring data
for the 3-year period must also meet data completeness requirements. An
ozone design value is valid if daily maximum 8-hour average
concentrations are available for at least 90% of the days within the
ozone monitoring seasons,\4\ on average, for the 3-year period, with a
minimum data completeness of 75% during the ozone monitoring season of
any year during the 3-year period. See section 4 of appendix U to 40
CFR part 50.
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\4\ The ozone season is defined by State in 40 CFR 58, appendix
D. The ozone season for Michigan is March-October. See 80 FR 65292,
65466-67 (October 26, 2015).
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The EPA has reviewed the available ozone monitoring data from
EGLE's monitoring sites in the Berrien and Muskegon areas for the 2023-
2025 period. These data have been quality-assured, are recorded in the
AQS, and were certified in advance of the EPA's publication of this
proposal. These data demonstrate that the Berrien and Muskegon areas
are attaining the 2015 ozone NAAQS. The annual fourth-highest 8-hour
ozone concentrations and the 3-year average of these concentrations
(monitoring site ozone design values) for all monitoring sites are
summarized in Table 1 for the Berrien area and in Table 2 for the
Muskegon area.
Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth-Highest Daily Maximum 8-Hour Ozone
Concentrations for the Berrien, Michigan Area
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2023 4th high 2024 4th high 2025 4th high 2023-2025
County Monitor (ppm) (ppm) (ppm) average (ppm)
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Berrien........................................................ 26-021-0014 0.077 0.065 0.070 0.070
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Table 2--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth-
Highest Daily Maximum 8-Hour Ozone Concentrations for the Muskegon, Michigan Area
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2024
2023 4th high 4th 2025 4th high 2023-2025
County Monitor (ppm) high (ppm) average (ppm)
(ppm)
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Muskegon.......................... 26-121-0039 0.073 0.071 0.068 0.070
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The Berrien area's 3-year ozone design value for 2023-2025 is 0.070
ppm, which meets the 2015 ozone NAAQS. Similarly, the Muskegon area's
3-year ozone design value for 2023-2025 is 0.070 ppm, which meets the
2015 ozone NAAQS. Therefore, in this action, the EPA proposes to find
that the Berrien and Muskegon areas are attaining the 2015 ozone NAAQS.
The EPA will not take final action to determine that the Berrien
and Muskegon areas are attaining the NAAQS if the design value of a
monitoring site in the respective areas violates the NAAQS prior to
final approval of the clean data determination.
Should this action be finalized, the requirements for EGLE to
submit attainment demonstrations and associated RACM, RFP plans,
contingency measures for failure to attain or make reasonable progress,
and other planning SIPs related to attainment of the 2015 ozone NAAQS
for the Berrien and Muskegon areas, would be suspended for as long as
the areas continue to attain the 2015 ozone NAAQS. 40 CFR 51.1318.
This action does not constitute a determination of attainment by
the attainment date under CAA section 181(b)(2). In this action the EPA
is considering the areas' design values for the 2023-2025 period, which
are not the areas' design values as of the applicable attainment date.
This action does not constitute redesignation of the areas to
attainment of the 2015 ozone NAAQS under section 107(d)(3)(E) of the
CAA, nor does it constitute approval of maintenance plans for the areas
as required under section 175A of the CAA, nor does it find that the
areas have met all other requirements for redesignation. On December
26, 2025, Michigan submitted requests to redesignate the areas to
attainment of the 2015 ozone NAAQS under CAA section 107(d)(3)(E), and
the EPA will take action on Michigan's requests in a separate
rulemaking. The Berrien and Muskegon areas will remain designated
nonattainment for the 2015 ozone NAAQS until such time as the EPA
determines that the areas meet CAA requirements for redesignation to
attainment and takes a separate action to redesignate the areas.
IV. What action is the EPA taking?
The EPA is proposing to approve a determination under the CAA that
the Berrien and Muskegon areas in Michigan have attained the 2015 ozone
NAAQS. This determination, often referred to as a clean data
determination, is based upon complete, quality-assured, and certified
ambient air monitoring data for the 2023-2025 design value period
showing that the areas achieved attainment of the 2015 ozone NAAQS.
This clean data determination also relies upon EGLE's exceptional
events requests submitted to the EPA on December 26, 2025, and
concurred with by the EPA on January 12, 2026. As a result of this
determination, the EPA is proposing to suspend the requirements for the
areas to submit attainment demonstrations and associated RACM, RFP
plans, contingency measures for failure to
[[Page 12126]]
attain or make reasonable progress, and other planning SIPs related to
attainment of the 2015 ozone NAAQS, for as long as the areas continue
to attain the 2015 ozone NAAQS.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/lawsregulations/laws-and-executive-orders">https://www.epa.gov/lawsregulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review. This action proposes to issue a clean data determination
for the Berrien and Muskegon areas in Michigan for the 2015 ozone
NAAQS.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 does not apply because it is not a
significant regulatory action and is therefore exempted from review
under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by State law. The proposed clean data determination does not
create any new requirements and does not directly regulate any
entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local or Tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. This
action proposes a clean data determination for the Berrien and Muskegon
nonattainment areas under the CAA.
G. Executive Order 13175: Coordination With Indian Tribal Governments
This rule does not have Tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
Tribal governments. Thus, Executive Order 13175 does not apply to this
rule.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it merely proposes a clean
data determination.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 3, 2026.
Anne Vogel,
Regional Administrator, Region 5.
[FR Doc. 2026-04851 Filed 3-11-26; 8:45 am]
BILLING CODE 6560-50-P
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