Air Plan Approval; Michigan; Redesignation and Maintenance Plan for the Partial St. Clair 2010 1-Hour Sulfur Dioxide (SO2) NAAQS Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2023-0635; FRL-13222-02-R5]

Air Plan Approval; Michigan; Redesignation and Maintenance Plan for the Partial St. Clair 2010 1-Hour Sulfur Dioxide (SO

2

) NAAQS Nonattainment Area

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is taking final action to redesignate the St. Clair nonattainment area in southeast Michigan to attainment for the 2010 sulfur dioxide (SO

2

) National Ambient Air Quality Standard (NAAQS). The EPA is also approving Michigan's maintenance plan for the St. Clair SO

2

nonattainment area and emissions limits for the DTE Belle River Power Plant. Michigan submitted the request for approval of the St. Clair area redesignation and maintenance plan on December 14, 2023, with a supplement to the request on July 24, 2025. The EPA proposed to approve this action on April 10, 2026, and received no adverse comments.

DATES:

This final rule is effective on July 9, 2026.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2023-0635. All documents in the docket are listed on the

https://www.regulations.gov

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

https://www.regulations.gov

or please contact the person identified in the

FOR FURTHER INFORMATION CONTACT

section for additional information.

FOR FURTHER INFORMATION CONTACT:

Alexis Bender, Attainment Planning and Maintenance Section, Air and Radiation Division (AR18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone number: (312) 886-9497, email address:

bender.alexis@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is used, we mean the EPA.

I. Background

On September 12, 2016 (81 FR 45039), the EPA designated part of St. Clair County, Michigan as nonattainment for the 2010 SO

2

NAAQS based on modeling of the two power plant sources in the St. Clair area.

On December 15, 2023, Michigan submitted a redesignation request and maintenance plan for the St. Clair nonattainment area for the 2010 SO

2

NAAQS to which the EPA proposed approval on April 10, 2026 (91 FR 18383). Michigan's modeled demonstration of attainment of the SO

2

NAAQS relied upon the closure of the St. Clair Power Plant along with a Permit to Install containing permanent and enforceable SO

2

emission limits for the Belle River Power Plant. The EPA is incorporating Belle River's Permit to Install 51-22 into Michigan's SIP in this final action. Michigan's modeling analysis demonstrates that the SO

2

emission limits contained in Permit to Install 51-22, in combination with the St. Clair Power Plant shutdown and background concentrations, yield a maximum SO

2

concentration of 62.8 ppb, which meets and is below the 2010 SO

2

NAAQS of 75 ppb. The public comment period for the proposed rule ended on May 10, 2026. The EPA received no comments during the comment period.

II. What action is the EPA taking?

The EPA is approving the redesignation of the St. Clair area from nonattainment to attainment, meeting the criteria under CAA section 107(d)(3)(E) for the 2010 SO

2

NAAQS in accordance with Michigan's December 15, 2023, request. The EPA is determining that the area is attaining the 2010 SO

2

NAAQS and that the improvement in air quality is due to permanent and enforceable SO

2

emission reductions in the area. On this basis, the EPA is approving the redesignation request from Michigan for the area and changing the legal designation of the St. Clair area at 40 CFR part 81 to attainment for the 2010 SO

2

NAAQS. The EPA is also approving Michigan's maintenance plan under CAA section 175A. The maintenance plan demonstrates that the area will continue to maintain attainment of the 2010 SO

2

NAAQS as the plan adequately addresses the five basic components of a maintenance plan, an attainment emissions inventory, a maintenance demonstration, a commitment for continued air quality monitoring, a process for verification of continued attainment, and a contingency plan.

Additionally, the EPA is approving into the Michigan SIP the Permit to Install 51-22, governing Belle River Power Plant SO

2

emissions.

In accordance with 5 U.S.C. 553(d) of the APA, this action shall become effective immediately upon publication. The immediate effective date for this action is authorized under 5 U.S.C. 553(d)(1).

Section 553(d)(1) of the APA provides that final rules shall not become effective until 30 days after publication in the

Federal Register

“except . . . a substantive rule which grants or recognizes an exemption or relieves a restriction.” The purpose of this provision is to “give affected parties a reasonable time to adjust their behavior before the final rule takes effect.”

Omnipoint Corp.

v.

Fed. Commc'n Comm'n,

78 F.3d 620, 630 (D.C. Cir. 1996);

see also United States

v.

Gavrilovic,

551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). However, when the agency grants or recognizes an exemption or relieves a restriction, affected parties do not need a reasonable time to adjust because the effect is not adverse. The EPA has determined that this rule relieves a restriction because this rule relieves sources in the area of Nonattainment NSR permitting requirements; instead, upon the effective date of this action, sources will be subject to less restrictive Prevention of Significant Deterioration permitting requirements. For this reason, the EPA finds that under 5 U.S.C. 553(d)(1) it is appropriate for this action to become effective on the date of publication of this action.

III. Incorporation by Reference

In this rulemaking, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of Michigan

Permit to Install 51-22 issued to DTE Electric—Belle River Power Plant, approved April 26, 2022 and revised May 25, 2023, described in section I of this preamble and set forth in the amendments to 40 CFR part 52 below. The EPA has made, and will continue to make, these documents generally available through

www.regulations.gov

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). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.

1

1

62 FR 27968 (May 22, 1997).

IV. Statutory and Executive Order Reviews

Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by State law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, 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 these reasons, this action:

• 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);

• Is not an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866;

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501

et seq.

);

• 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.

);

• 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);

• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and

• 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 September 8, 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

40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

Environmental protection, Air pollution control, National parks, Wilderness areas.

Dated: June 26, 2026.

Anne Vogel,

Regional Administrator, Region 5.

For the reasons stated in the preamble, 40 CFR parts 52 and 81 are amended as follows:

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

1. The authority citation for part 52 continues to read as follows:

Authority:

42 U.S.C. 7401

et seq.

2. In § 52.1170:

a. Amend the table in paragraph (d) by adding an entry for “DTE Electric—Belle River Power Plant” before the entry for “DTE Energy—Trenton Channel, Wayne County”; and

b. Amend the table in paragraph (e) under the heading “Maintenance Plans” by adding an entry for “SO

2

(2010)” after the entry for “2010 SO

2

”.

The additions read as follows:

§ 52.1170

Identification of plan.

(d) * * *

EPA-Approved Michigan Source-Specific Provisions

Name of source

Order No.

State

effective date

EPA approval date

Comments

*         *         *         *         *         *         *

DTE Electric—Belle River Power Plant

51-22

4/26/2022, revised 5/25/2023

7/9/26, 91 FR [INSERT

FEDERAL REGISTER

PAGE WHERE THE DOCUMENT BEGINS]

*         *         *         *         *         *         *

(e) * * *

EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions

Name of

nonregulatory

SIP provision

Applicable

geographic or

nonattainment

area

State

submittal

date

EPA

approval

date

Comments

*         *         *         *         *         *         *

Maintenance Plans

*         *         *         *         *         *         *

SO

2

(2010)

St. Clair County (part)

12/14/2023 and 7/24/2025

7/9/26, 91 FR [INSERT

FEDERAL REGISTER

PAGE WHERE THE DOCUMENT BEGINS]

*         *         *         *         *         *         *

PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

3. The authority citation for part 52 continues to read as follows:

Authority:

42 U.S.C. 7401,

et seq.

4. In § 81.323, the table entitled “Michigan-2010 Sulfur Dioxide NAAQS [Primary]” is amended by revising the entry for “St. Clair, MI” to read as follows:

§ 81.323

Michigan.

Michigan—2010 Sulfur Dioxide NAAQS

[Primary]

Designated area

1

Designation

Date

2

Type

*         *         *         *         *         *         *

St. Clair, MI

7/9/26

Attainment.

St. Clair County (part): Area defined by the St. Clair River for the eastern boundary, an extension from the St. Clair River straight west to the intersection of State Highway M-29 and St. Clair River Drive, continuing west on State Highway M-29 to Church Road to Arnold Road to County Line Road for the southern boundary, County Line Road and the Macomb/St. Clair County boundary to Stoddard Road to Wales Ridge Road for the western boundary, and Alpine Road to Fitz Road to Smith Creek Road to Range Road to Huron Avenue, extending straight east from the intersection of Huron Road and River Road to the St. Clair River for the northern boundary

*         *         *         *         *         *         *

1

Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.

2

This date is April 9, 2018, unless otherwise noted.

[FR Doc. 2026-13843 Filed 7-8-26; 8:45 am]

BILLING CODE 6560-50-P