The Environmental Protection Agency issued a direct final rule on November 20, 2025, approving an element of Michigan's State Implementation Plan submission related to the 2015 ozone National Ambient Air Quality Standards. This action addresses the infrastructure requirements under section 110(a)(2)(E)(ii) of the Clean Air Act, which pertains to state board provisions. Michigan's Department of Environment, Great Lakes, and Energy submitted the plan on March 8, 2019, to ensure the state's air quality management framework meets federal mandates. The approval, effective January 20, 2026, unless adverse comments prompt withdrawal, highlights Michigan's compliance following the recent elimination of state environmental boards. This development is significant as it resolves a pending aspect of Michigan's infrastructure obligations, reinforcing the state's ability to implement and enforce clean air standards without additional bureaucratic structures.
Background on Infrastructure SIP Requirements
Under the Clean Air Act, states must submit infrastructure State Implementation Plans whenever the EPA establishes new or revised National Ambient Air Quality Standards. These plans, required by section 110(a)(1), outline how states will implement, maintain, and enforce the standards. For the 2015 ozone standards, which set limits on ground-level ozone to protect public health and the environment, Michigan's submission aimed to cover various structural elements. The EPA has already approved most parts of this plan, but delayed action on section 110(a)(2)(E)(ii) due to evolving state board structures. This section incorporates requirements from section 128 of the Clean Air Act, mandating safeguards against conflicts of interest in bodies that approve permits or enforcement orders.
Section 128(a) includes two main provisions: ensuring that any board approving permits or orders has a majority of members representing the public interest without significant income from regulated entities, and requiring disclosure of potential conflicts by board members or agency heads. Michigan's situation changed with the creation and subsequent abolition of boards like the Environmental Rules Review Committee and Environmental Permit Review Commission, established in 2018 under Public Acts 267 and 268. These changes necessitated EPA's careful review to confirm compliance.
Key Players and State Actions
The Michigan Department of Environment, Great Lakes, and Energy, formerly known as the Department of Environmental Quality, plays a central role as the state's air quality agency. It submitted the infrastructure plan in 2019, building on existing SIP elements like Civil Service Commission Rule 2-8.3(a)(1), which addresses conflict of interest disclosures. A pivotal development occurred with Michigan Executive Order 2024-5, issued by Governor Gretchen Whitmer on July 18, 2024, and effective September 17, 2024. This order abolished the aforementioned boards, transferring permit and appeal authority to the department's director or designee.
The EPA, through its Region 5 office, evaluated these changes. Kelsey Foss, an EPA contact listed in the Federal Register notice, oversaw the review process. The agency's analysis determined that without active state boards, the majority membership requirement of section 128(a)(1) no longer applies to Michigan. The existing rule in the SIP satisfies the disclosure mandate of section 128(a)(2), ensuring transparency for officials with decision-making powers.
Legal Precedents and Regulatory Context
EPA's approach to infrastructure SIPs follows guidance from its September 13, 2013, document on multipollutant elements, emphasizing facial compliance rather than implementation details. This aligns with judicial interpretations, such as the Ninth Circuit's ruling in Montana Environmental Information Center v. EPA (2018), which clarified that EPA reviews SIPs for statutory adherence without delving into enforcement practices.
Previous EPA actions on Michigan's SIPs, including approvals for the 2008 lead standards in 2014, provide context. Those decisions similarly addressed infrastructure elements, ensuring consistency across pollutants. The direct final rule format used here, which becomes effective without proposal unless comments are received, reflects the noncontroversial nature of the approval, as outlined in the notice.
Implications and Perspectives
This approval strengthens Michigan's air quality program by confirming compliance with federal requirements, potentially streamlining permit processes without board oversight. Short-term implications include avoiding delays in ozone standard enforcement, benefiting areas struggling with air quality. Long-term, it could influence how other states structure their environmental governance, especially those considering board eliminations to reduce administrative burdens.
From an environmental advocacy perspective, groups might view the board abolitions as reducing public input, potentially weakening oversight. Industry stakeholders, however, could see it as efficiency gains, minimizing regulatory hurdles. State officials emphasize that the director's authority, coupled with existing disclosure rules, maintains accountability. The EPA's neutral stance underscores that the SIP meets minimum standards, leaving implementation to state discretion.
In summary, this EPA action completes Michigan's infrastructure obligations for the 2015 ozone standards regarding state boards. Potential next steps include monitoring for any adverse comments by December 22, 2025, which could lead to rule withdrawal and a proposed rulemaking. Ongoing debates may center on balancing efficiency with transparency in air quality management, with future challenges arising if new boards are created or if ozone attainment issues persist in Michigan regions.