STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
LANSING

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RICK SNYDER

GOVERNOR August 15, 2011

Ms. Susan Hedman, Regional Administrator U.S. Environmental Protection Agency, Region 5 77 West Jackson Boulevard (R19J) Chicago, Illinois 60604 Subject: Michigan Infrastructure State Implementation Plan
Dear Ms. Hedman: DAN WYANT DIRECTOR

Through this letter, the Michigan Department of Environmental Quality (MDEQ) is confirming that the State of Michigan retains the authorities necessary to evaluate ambient air quality, develop plans to attain new and existing air quality standards, meet the requirements of the New Source Review (NSR) program and to effectively enforce all applicable requirements. Specifically, the MDEQ has the resources and authority to implement and satisfactorily complete the requirements set forth in Section 110 of the federal Clean Air Act for the 2006 fine particulate (PM 25) National Ambient Air Quality Standards (NMQS).
The State Implementation Plan (SIP) elements addressed below are required under Section 110(a)(1) and (2). Section 11 0(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists the basic elements that all SIPs must contain. The U.S. Environmental Protection Agency (EPA) guidance on the Section 110 (a) infrastructure affirmations and required components (Oct. 2, 2007 and Sept. 25, 2008

- William T. Harnett) addresses the following elements at the core of the overall ambient air quality management structure. This submission will also permit the EPA to satisfy the requirements of the Consent Decree between the EPA and Earth Justice, dated March 10, 2005, as it pertains to the PM 25 NMQS in Michigan. Required Section 110 SIP Elements
Emission limits and other control measures: Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance and other related matters. The EPA notes that the specific nonattainment plan requirements of Section 110(a)(2) are subject to the timing requirement of Section 172, not the timing requirement of Section 110 (a), and also the SIPs to meet this section are not covered by the Consent Decree.
The Michigan Natural Resources and Environmental Protection Act, 

### 1994 PA 

### 451, as amended (Act

### 451), MeL 324.5503 and

### 324.5512, provides the MOEQ directorthe authority to regUlate the discharge 

### ofairpollutants, to promulgate rules to establish standards foremissions for ambient airqualityand for emissions. The MOEQ continues to monitor, update andimplement necessaryand required revisions to Michigan's SIP in 

### IIle form 

### ofemissions limits and other controlmeasures in order to meet federal ambient airqualitystandards, including the 24-hour PM 2
.5 standards.

CONSTITUTION HALL· 525 WEST ALLEGAN STREET· P.O. BOX 30473· LANSING, MICHIGAN**48909~7973** \WAN,michigan.gov/deq • (800) 662-9278Ms. Susan Hedman Page 2 August 15, 2011

Ambient air quality monitoring data system: Section 110(a)(2)(8) requires SIPs to include provisions to provide for the establishment and operation of ambient air quality monitors, to collect and analyze ambient air quality data, and make the data available to the EPA upon request.
In accordance with the Michigan SIP, the MDEQ maintains 

### a comprehensive network ofair qualitymonitors throughout Michigan with tile primaryobjective being to determine compliance with the NAAQS. The MDEQ submits networkreviews to the EPA annually to ensure that its air monitoring operations comply with applicable federal requirements. Program for enforcement of control measures: Section 110(a)(2)(C) requires states to include a program providing for enforcement of all SIP measures and the regulation of construction of new or modified stationary sources to meet Prevention of Significant Deterioration (PSD) and nonattainment NSR requirements.
The MDEQ continues to staffandimplement an enforcementprogram to assure compliance with allrequirements understate lawand the Michigan SIP, including R 336.2801-2830 and R 336.2901-2910 to regulate construction ofnew ormodifiedstationarysources through the PSD and the nonattainment NSR programs. With respect to the permitting ofgreenhouse gas (GHG) sources, the MDEQ confirmedin 

### a letterto the EPA datedJuly27,2010, that the thresholds establishedin the federal Tailoring Rule can be accommodatedin Michigan's PSD program rules. As indicated in 

### a June 

### 22, 2011 letterto the EPA, the MDEQ has the legal authority to directlyregulate PM 2
.5 under the PSD program, andhas discontinued the use of PMIO as 

### a surrogate. The MDEQ also provides support and technical assistance to the State Attorney General on allpollution enforcementissues referred by the MDEQ for escalated enforcement action, including court actions, administrative orders, andcontestedcase hearings. The MDEQ coordinates with the EPA on the compliance status ofallhigh priority violators in the state. Interstate [pollutant] transport: Section 11 0(a)(2)(D) requires SIPs to include provisions prohibiting any source or other type of emissions activity. in one state from contributing significantly to nonattainment, or interfering with maintenance, of the NAAQS in another state, or from interfering with measures required to prevent significant deterioration of air quality or to protect visibility in another state. The EPA has already developed programs (such as Clean Air Interstate Rule (CAIR) and Regional Haze) to assist states in developing SIPs to meet this requirement for purposes of the visibility, ozone and PM 2
.5 NAAQS, and has issued separate guidance to all states on how to comply with each prong of this statutory provision.
The MDEQ has adoptedandimplemented the various majorprograms related to interstate transportpollution including R 336.1801-1834 to address NOx SIP Call and CAIR obligations. The MDEQ has the authorities necessary to develop refined controlrequirements to address the newfederal transport rule, eitherthrough compliance with the Federal Implementation Plan or through development ofan approvable substitute regulation. Michigan's airmanagement program contains adequate provisions to insure compliance with Section 

### 126 ofthe federal Clean AirActrelating to interstate pollution abatement. Michigan has an approved PSD program under which neighboring states and tribes are notifiedregarding newormodified sources, as specifiedin R 

### 336.2817. Additionally, Section 

### 115 ofthe federal Clean AirAct relates to internationalpollution abatement. Michigan has no pending obligations underSection 

### 115.Ms. Susan Hedman Page 3 August 15, 2011
Adequate resources: Section 110(a)(2)(E) requires states to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP, and related issues.
The MDEQ airprogram is funded through Tille 

### V fees, Section 105 and 103 grants, and matching funds via the state's General Fund. Act

### 451 provides the legal authority understate law to carry out the Michigan SIP. As discussedin the section addressing section 110(a)(2)(G), the MDEQ retains the resources necessary to permit GHG emitting sources at the revised tailoring rule threshold. Stationary source monitoring system: Section 11 0(a)(2)(F) requires states to establish a system to monitor emissions from stationary sources and to submit periodic emissions reports.
R 336.2001-2199 provides requirements forperformance testing andsampling. R 336.2101- 2199 provides requirements for continuous emission monitoring, and R 336.201-202 requires annualreporting ofemissions. Emergency power: Section 11 0(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingency plans to implement the emergency episode provisions in their SIPs.
MGL 

### 324.5518 ofAct

### 451 provides authorityfor the MDEQ to require the immediate discontinuation ofaircontaminant discharges that constitute an imminent andsubstantial endangerment to the public health, safety, or welfare, orto the environment. MGL 324.5530 provides forcivil action by the Michigan Attorney General for

### a violation as describedin MGL 

### 324.5518. A review ofreliable ambient airmonitoring data atsites in Michigan to date for PM 2
.5 confirmed that the EPA's current functional emergency episode thresholdmetric of 140pglm3 over

### a 24-hourperiodhas yet to be exceeded, as indicated in an e-mail to the EPA datedJanuary

### 24, 2011.
Future SIP revisions: Section 110(a)(2)(H) requires states to have authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. Promulgation ofrules to establish standards forambient airqualityand emissions is one ofthe powers ofthe MDEQ enumeratedin MGL 324.5503 ofAct

### 451. MGL 

### 324.5512 provides authorityto the department to promulgate rules forcontrolling orprohibiting airpollution, complying with the federal Glean AirAct, and establishing suitable emission standards consistent with ambient airqualitystandards establishedby the federal government. The MDEQ has authority to respond to the EPA findings regarding the Michigan SIP and the air qualityprogram. Consultation with government officials: Section 110(a)(2)(J) requires states to provide a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements pursuant to Section 121 relating to consultation.
The MDEQ includes stakeholders from localgovernments, the business community, and communitygroups in processes involving rule development, SIPplanning, andpermitissuance. Federal LandManagers and tribalgroups have been involved in Michigan SIP development through the Midwest Regional Planning Organization. Formal Memorandums ofUnderstandingMs. Susan Hedman Page 4 August 15, 2011

have been developed forprocesses involving transportation conformity, and regionalplanning. MCL 324.5503 confers authority upon the MDEQ to cooperate with appropriate agencies oflhe federal government orotherstates, interstate andinternational agencies on airpollution control activities.
Public notifications: Section 11 0(a)(2)(J) further requires states to notify the public if NMQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances.
The MDEQ participates in the CleanAirAction!, AirNow, and EnviroFlash programs andposts current airqualityconcentrations on MDEQ web pages, allserving to notify the public and to enhance awareness. The MDEQ also prepares an annualAir Quality Report. PSD and visibility: Section 110(a)(2)(J) also requires states to meet applicable requirements of Part C related to prevention of significant deterioration and visibility protection.
The MDEQ 

### is addressing the long-term requirements for visibility improvement through an ongoing review ofnewmajorsources andmajormodifications under

### a SIP-approved PSD program, authorized under R 336.2801-2830, and with R 336.1970-1971 which provides requirements forBestAvailable Retrofit Technology. Michigan submitted

### a revision to the SIP forregional haze on November 

### 11, 2010.
Air quality modeling data: Section 11 0(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting effects on air quality of emissions from any NMQS pollutant and submission of such data to the EPA upon request.
The MDEQ reviews the potential impact ofmajorandsome minornewsources, consistent with the Code ofFederal Regulations, Parts 

### 51 and

### 52. Appendix W, Guideline on Air Qualitv Models. The MDEQ also performs modeling to support SIP development andin coordination with the otherLake Michigan states. Modeling data are available upon request by the EPA or otherinterestedparties. Permitting fees: Section 11 0(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to coverthe cost of reviewing, approving, implementing, and enforcing a permit.
The MDEQ continues to implement the approved Title 

### Vprogram, including requiring major stationarysources to paypermit fees underprovisions in MCL 

### 324.5522 of Act 451. Consultationlparticipation by affected local entities: Section 11 0(a)(2)(M) requires states to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP.
Memorandums ofUnderstanding regarding consultation andparticipation in SIP development have been establishedbetween the MDEQ andlocalpoliticalsubdivisions. The MDEQ actively participates in planning forums with regionalgovernmentplanning organizations andestablishes stakeholder workgroups in the development ofrules addressing airpollution. Public comment periods, andhearings ifrequested, are always held forplanned revisions to the Michigan SIP.Ms. Susan Hedman Page 5 August 15, 2011
Michigan has the necessary infrastructure provisions in place to satisfy the requirements of the federal Clean Air Act with respect to the authority and resources for implementation of the PM2s NAAQS. Piease contact Ms. Mary Maupin, Air Quality Division, at 517-373-7039 if you have any questions.

G. Vinson Hellwig, Chief Air Quality Division

cc: 

### Mr. John Mooney, EPA, Region 5 Mr. Jim Sygo, MDEQ Ms. Mary Maupin, MDEQ