Rule2026-09616
Air Plan Approval; Michigan; Infrastructure SIP Requirements for the 2015 Ozone NAAQS; Michigan State Board Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 14, 2026
Effective
June 15, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving an element of a State Implementation Plan (SIP) submission from the Michigan Department of Environment, Great Lakes, and Energy (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). The EPA received comments on its November 20, 2025, proposed rule and withdrew the accompanying direct final rule. After considering the comments, the EPA is approving this element of Michigan's March 8, 2019, SIP submission.
Full Text
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<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Rules and Regulations]
[Pages 27205-27207]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09616]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0215; FRL-13010-04-R5]
Air Plan Approval; Michigan; Infrastructure SIP Requirements for
the 2015 Ozone NAAQS; Michigan State Board Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving an
element of a State Implementation Plan (SIP) submission from the
Michigan Department of Environment, Great Lakes, and Energy (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). The EPA received comments on its November 20, 2025,
proposed rule and withdrew the accompanying direct final rule. After
considering the comments, the EPA is approving this element of
Michigan's March 8, 2019, SIP submission.
DATES: This final rule is effective on June 15, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R05-OAR-2019-0215. 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 please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT: Kelsey Foss, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, telephone number: (312)
886-6008, email address: <a href="/cdn-cgi/l/email-protection#b6d0d9c5c598ddd3dac5d3cff6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="52343d21217c39373e21372b123722337c353d24">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On November 20, 2025, (90 FR 52238), the EPA published a direct
final rule approving an element of an infrastructure SIP revision
submitted by Michigan on March 8, 2019, to address the infrastructure
requirements of CAA sections 110(a)(1) and (2) for the 2015 ozone
NAAQS. An explanation of the CAA requirements, a detailed analysis of
the SIP submission, and the EPA's reasons for proposing approval were
provided in the direct final rule and will not be restated here.
[[Page 27206]]
In the direct final rule, the EPA stated that if adverse comments
were received by December 22, 2025, the rule would be withdrawn and not
take effect. On December 5, 2025, the EPA received two sets of adverse
comments and, as a result, withdrew the direct final rule on January 6,
2026 (91 FR 335). Both sets of comments were from the Citizens
Rulemaking Alliance (CRA). The EPA is addressing the comments in this
final action based on the notice of proposed rulemaking also published
on November 20, 2025 (90 FR 52311).
II. The EPA's Response to Comments
A summary of the comments, and the EPA's response, are provided
below.
Comment: CRA states that the docket is incomplete according to
Administrative Procedures Act (APA) requirements, and that the EPA did
not provide sufficient explanations of how the rulemaking complies with
the Regulatory Flexibility Act (RFA); the Small Business Regulatory
Enforcement Fairness Act (SBREFA); the Paperwork Reduction Act (PRA);
Executive Order 12866; and the Unfunded Mandates Reform Act (UMRA). CRA
argues that this action is subject to the laws and executive order
listed above because it ``renders Michigan conflict-of-interest and
disclosure provisions federally enforceable and establishes EPA's
controlling interpretation of section 128 for Michigan.'' CRA also
claims that the rulemaking does not meet the incorporation-by-reference
requirements of 1 CFR part 51. CRA requests that the EPA provide
additional documentation, analyses, and detailed explanations to ensure
compliance with the APA, RFA, SBREFA, PRA, UMRA, and Executive Order
12866; add a ``corrected, specific incorporation-by-reference package''
to the record; add all documents demonstrating Michigan's fulfillment
of CAA section 128 to the docket; and then reopen the comment period
for at least 30 days ``to allow meaningful public participation after
the record is complete.''
Response: The EPA disagrees with these comments. The comments
mischaracterize the EPA's action. This rulemaking is not incorporating
any new material into the regulatory portion of Michigan's SIP. As
explained in the direct final rule, CAA section 128(a)(1) does not
apply to Michigan, and the Michigan rule fulfilling the conflict-of-
interest disclosure requirement of CAA section 128(a)(2) is already
contained in Michigan's SIP. Thus, the incorporation-by-reference
requirements of 1 CFR part 51 do not apply to this rulemaking and no
new State provisions are rendered federally enforceable by this
rulemaking.
The EPA disagrees with the comment that the docket is incomplete.
All materials reviewed by the EPA as part of this rulemaking are
publicly available. In the direct final rulemaking, the EPA identified
and provided website addresses for the Michigan actions that created
and abolished the State boards that were subject to CAA section
128(a)(1). The EPA also identified the Michigan rule that fulfills the
conflict-of-interest disclosure requirement of CAA section 128(a)(2).
The proposed rulemaking to incorporate this Michigan rule into the
State's SIP contains a detailed explanation of how the rule meets the
requirement of CAA section 128(a)(2). See 80 FR 36306 (June 24, 2015).
The EPA has complied with the UMRA by making its own determination
that this rule will not result in expenditures of $100M or more, and
therefore the EPA does not need to complete a statement under 2 U.S.C.
1532.
The RFA and SBREFA are inapplicable to this rulemaking because the
EPA has certified that this rule will not have a significant economic
impact on a substantial number of small entities. The regulatory
analysis provisions of the RFA are only triggered by a threshold
determination by the EPA that this rule will have a significant
economic impact on a substantial number of small entities. Because the
EPA has certified that this rule will not have a significant economic
impact, sections 603 and 604 of the RFA do not apply to this
rulemaking. 5 U.S.C. 605(b). In section IV of the direct final rule,
the EPA provided the factual basis for our certification, which is that
this action merely approves State law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
State law. The full explanation is repeated in section IV of this final
rulemaking.
The EPA has complied with the PRA by certifying in the rule that
the PRA does not apply because the action does not involve an
information collection burden as defined by the CAA. See 44 U.S.C.
3502(2).
Lastly, the EPA has complied with Executive Order 12866 by
determining that this rulemaking is not a significant regulatory action
as defined in Executive Order 12866. This rulemaking does not impose
any new Federal or State requirements on any entities.
III. What action is the EPA taking?
The 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.
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, 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 an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the PRA (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 RFA (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 UMRA 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).
[[Page 27207]]
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 July 13, 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: May 4, 2026.
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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Applicable State
Name of nonregulatory SIP geographic or submittal EPA Approval date Comments
provision nonattainment area date
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* * * * * * *
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Infrastructure
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Section 110(a)(2) infrastructure Statewide........... 3/8/2019 5/14/2026, 91 FR Approved CAA
requirements for the 2015 ozone [INSERT FEDERAL elements:
NAAQS. REGISTER PAGE WHERE 110(a)(2)(A), (B),
THE DOCUMENT (C), (D)(i)(II)
BEGINS]. Prong 3, D(ii),
(E), (F), (G), (H),
(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. 2026-09616 Filed 5-13-26; 8:45 am]
BILLING CODE 6560-50-P
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