2026-00004: Air Plan Approval; Michigan; Infrastructure SIP Requirements for the 2015 Ozone NAAQS; Michigan State Board Requirements; Withdrawal of Direct Final Rule
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Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the November 20, 2025, direct final rule 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 agency’s own summary, as published.
The rule, in full
382 words as published, January 06, 2026. View the original →
Federal Register, Volume 91 Issue 3 (Tuesday, January 6, 2026) [Federal Register Volume 91, Number 3 (Tuesday, January 6, 2026)] [Rules and Regulations] [Pages 335-336] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-00004] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2019-0215; FRL-13010-03-R5] Air Plan Approval; Michigan; Infrastructure SIP Requirements for the 2015 Ozone NAAQS; Michigan State Board Requirements; Withdrawal of Direct Final Rule
Agency
Environmental Protection Agency (EPA).
Action
Withdrawal of direct final rule. -----------------------------------------------------------------------
Summary
Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the November 20, 2025, direct final rule approving an element of a State [[Page 336]] 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).
Dates
The direct final rule published at 90 FR 52238 on November 20, 2025, is withdrawn as of January 6, 2026.
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, [email protected]. 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
In the direct final rule, EPA stated that if adverse comments were submitted by December 22, 2025, the rule would be withdrawn and not take effect. On December 4, 2025, EPA received a comment. EPA believes this comment is adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on November 20, 2025 (90 FR 52311). EPA will not institute a second comment period on this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 16, 2025. Anne Vogel, Regional Administrator, Region 5. PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Accordingly, the amendment to 40 CFR 52.1170 published in the Federal Register on November 20, 2025, (90 FR 52238) on pages 52240- 52241 is withdrawn as of January 6, 2026. [FR Doc. 2026-00004 Filed 1-5-26; 8:45 am] BILLING CODE 6560-50-P
What this changes
Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.
Rulemaking docket
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Proposed Rule July 02, 2021Partial Approval and Partial Disapproval of the Michigan 2015 Ozone Infrastructure SIP Requirements
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Supporting & Related Material July 06, 2021Michigan 2015 Ozone Infrastructure SIP, 03/05/2019 submittal
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Rule September 28, 2021Final Partial Approval and Partial Disapproval of the Michigan 2015 Ozone Infrastructure SIP Requirements
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Rule May 19, 2022Correction to Final Partial Approval and Partial Disapproval of the Michigan 2015 Ozone Infrastructure SIP Requirements
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Proposed Rule June 16, 2022Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin; Air Plan Disapproval; Region 5 Interstate Transport of Air Pollution for the 2015 8-Hour Ozone National Ambient Air Quality Standards
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Proposed Rule November 20, 2025Proposed approval of Michigan 2015 Ozone iSIP Element E State Board Requirements
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Rule November 20, 2025Direct final approval of Michigan 2015 Ozone iSIP Element E State Board Requirements
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Rule January 06, 2026Withdrawal of the Direct final approval of Michigan 2015 Ozone iSIP Element E State Board Requirements
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Rule May 14, 2026Final approval of Michigan 2015 Ozone iSIP Element E State Board Requirements
Public comments
What people are saying
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Anonymous commenter 2025-12-23
“Please accept the attached petition as a comment on EPA’s final rule “Air Plan Approval; Michigan; Infrastructure SIP Requirements for the 2015 Ozone NAAQS; Michigan State Board Requirements,” The petition identifies procedural deficiencies under the Paperwork Reduction Act, the Regulatory Flexibility Act/SBREFA, Executive Order 12866 (as amended), and incorporation-by-reference requirements that warrant withdrawal and reproposal or, at minimum, supplementation of the record with a reopened comment period. Please include this petition in the docket and treat it as a formal request for Agenc...”
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Anonymous commenter 2025-12-23
“Please accept the attached Petition as a formal comment. The Petition identifies plausible procedural deficiencies under the Regulatory Flexibility Act (RFA), the Paperwork Reduction Act (PRA), the Administrative Procedure Act’s notice requirements, and Executive Order 12866 in EPA’s proposed approval of Michigan’s infrastructure SIP (including the Clean Air Act § 128 “State boards” element). We respectfully request that EPA supplement the record, correct these deficiencies, and extend the comment period to allow meaningful public participation after the record is complete.”
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Anonymous commenter 2022-01-18
“Please find Sierra Club's comments on the proposed rule attached.”
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Anonymous commenter 2021-08-02
“New Jersey Comments on EPA's Partial Approval and Disapproval of the Michigan 2015 Ozone Infrastructure SIP Requirements. Docket No. EPA-R05-OAR-2019-0215. See Attached File.”
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Anonymous commenter 2021-08-02
“I think it's important that the 6 main pollutants stated in National Ambient Air Quality Standards are enforced and clearly addressed in the states SIP. Monitoring maintenance plans, vehicle inspections, permitting programs, contingency measures and TCMs closely will be a great help and addition to Michigan's SIP. Michigan’s maintenance plans and air quality inspections on power plants and other large manufacturers should be a strong topic in their SIP as well. Look into Michigan’s permit process for all new industrial manufacturers for loopholes and areas were some organizations may be get...”
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Read all comments on Regulations.gov →
Comment volume from Regulations.gov; the comment-submission API was retired in 2025, so comments are filed on Regulations.gov directly.
Documents
- Full text (Federal Register) · January 06, 2026
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