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Dossier Executive final rule 09-oct-2026 Takes effect · 09-oct-2026 · 32 days ago
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Air Plan Approval; Michigan; Clean Data Determination for the Berrien, MI and Muskegon, MI Areas for the 2015 Ozone Standards

Key claim: EPA has found that Berrien and Muskegon counties in Michigan now meet the 2015 ozone air-quality standard, so Michigan does not have to submit extra ozone cleanup plans for those areas as long as they stay in compliance.

Abstract

(Rule · Environmental Protection Agency) The U.S. Environmental Protection Agency (EPA) is determining under the Clean Air Act (CAA) that the Berrien County and Muskegon County, Michigan nonattainment areas have attained the 2015 ozone National Ambient Air Quality Standards (NAAQS). This determination, informally known 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 request submitted to the EPA on December 26, 2025, and which the EPA concurred on January 12, 2026. As a result of this determination, the EPA is suspending 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.

Why this matters

Clean data determinations are a routine but consequential EPA mechanism: they lift the obligation for states to submit attainment demonstrations, RFP plans, and contingency measures once monitors show compliance, reducing permitting and planning burdens without formally redesignating the area. For Berrien and Muskegon, this follows a parallel proposed redesignation, signaling EPA’s view that both counties have durably met the 2015 ozone standard. The determination stays in effect only as long as monitored attainment holds, preserving a snap-back if ozone levels rise again.

Source

Link

Briefing card

Air Plan Approval; Michigan; Clean Data Determination for the Berrien, MI and Muskegon, MI Areas for the 2015 Ozone Standards
Stage: final rule · federal-register · 09-oct-2026

If you live or operate a VOC/NOx-emitting facility in Berrien or Muskegon County, Michigan, EPA has suspended additional ozone attainment planning requirements for your area as long as monitored air quality continues to meet the 2015 standard.

EPA has found that Berrien and Muskegon counties in Michigan now meet the 2015 ozone air-quality standard, so Michigan does not have to submit extra ozone cleanup plans for those areas as long as they stay in compliance.

Cross-references (0)

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External: fedreg:2026-20736

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