STATE OF MICHIGAN

DEPARTMENT OF ENVIRONMENTAL QUALITY

LANSING

DE~~

---2::

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 (PM25) 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 PM25

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 director the authority to regUlate

the discharge of air pollutants, to promulgate rules to establish standards for emissions for

ambient air quality and for emissions. The MOEQ continues to monitor, update and implement

necessary and required revisions to Michigan's SIP in IIle form of emissions limits and other

control measures in order to meet federal ambient air quality standards, including the 24-hour

PM2.5 standards.

CONSTITUTION HALL· 525 WEST ALLEGAN STREET· P.O. BOX 30473· LANSING, MICHIGAN 48909~7973

\WAN,michigan.gov/deq • (800) 662-9278
Ms. 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 of air

quality monitors throughout Michigan with tile primary objective being to determine compliance

with the NAAQS. The MDEQ submits network reviews 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 staff and implement an enforcement program to assure compliance

with all requirements under state law and the Michigan SIP, including R 336.2801-2830 and

R 336.2901-2910 to regulate construction of new or modified stationary sources through the

PSD and the nonattainment NSR programs. With respect to the permitting of greenhouse gas

(GHG) sources, the MDEQ confirmed in a letter to the EPA dated July 27,2010, that the

thresholds established in the federal Tailoring Rule can be accommodated in Michigan's PSD

program rules. As indicated in a June 22, 2011 letter to the EPA, the MDEQ has the legal

authority to directly regulate PM2.5 under the PSD program, and has discontinued the use of

PMIO as a surrogate. The MDEQ also provides support and technical assistance to the State

Attorney General on all pollution enforcement issues referred by the MDEQ for escalated

enforcement action, including court actions, administrative orders, and contested case hearings.

The MDEQ coordinates with the EPA on the compliance status of all high 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 PM2.5 NAAQS, and has issued separate

guidance to all states on how to comply with each prong of this statutory provision.

The MDEQ has adopted and implemented the various major programs related to interstate

transport pollution including R 336.1801-1834 to address NOx SIP Call and CAIR obligations.

The MDEQ has the authorities necessary to develop refined control requirements to address the

new federal transport rule, either through compliance with the Federal Implementation Plan or

through development of an approvable substitute regulation. Michigan's air management

program contains adequate provisions to insure compliance with Section 126 ofthe federal

Clean Air Act relating to interstate pollution abatement. Michigan has an approved PSD

program under which neighboring states and tribes are notified regarding new or modified

sources, as specified in R 336.2817. Additionally, Section 115 ofthe federal Clean Air Act

relates to international pollution abatement. Michigan has no pending obligations under Section

115.
Ms. Susan Hedman

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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 air program is funded through Tille Vfees, Section 105 and 103 grants, and

matching funds via the state's General Fund. Act 451 provides the legal authority under state

law to carry out the Michigan SIP. As discussed in 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 for performance testing and sampling. R 336.2101-

2199 provides requirements for continuous emission monitoring, and R 336.201-202 requires

annual reporting of emissions.

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 authority for the MDEQ to require the immediate

discontinuation of air contaminant discharges that constitute an imminent and substantial

endangerment to the public health, safety, or welfare, or to the environment. MGL 324.5530

provides for civil action by the Michigan Attorney General for a violation as described in

MGL 324.5518. A review of reliable ambient air monitoring data at sites in Michigan to date for

PM2.5 confirmed that the EPA's current functional emergency episode threshold metric of

140 pglm3 over a 24-hour period has yet to be exceeded, as indicated in an e-mail to the EPA

dated January 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 for ambient air quality and emissions is one of the

powers of the MDEQ enumerated in MGL 324.5503 ofAct 451. MGL 324.5512 provides

authority to the department to promulgate rules for controlling or prohibiting air pollution,

complying with the federal Glean Air Act, and establishing suitable emission standards

consistent with ambient air quality standards established by the federal government. The

MDEQ has authority to respond to the EPA findings regarding the Michigan SIP and the air

quality program.

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 local governments, the business community, and

community groups in processes involving rule development, SIP planning, and permit issuance.

Federal Land Managers and tribal groups have been involved in Michigan SIP development

through the Midwest Regional Planning Organization. Formal Memorandums of Understanding
Ms. Susan Hedman

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August 15, 2011

have been developed for processes involving transportation conformity, and regional planning.

MCL 324.5503 confers authority upon the MDEQ to cooperate with appropriate agencies oflhe

federal government or other states, interstate and international agencies on air pollution 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 and posts

current air quality concentrations on MDEQ web pages, all serving to notify the public and to

enhance awareness. The MDEQ also prepares an annual Air 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 of new major sources and major modifications under a SIP-approved PSD

program, authorized under R 336.2801-2830, and with R 336.1970-1971 which provides

requirements for Best Available Retrofit Technology. Michigan submitted a revision to the SIP

for regional 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 of major and some minor new sources, consistent with

the Code of Federal Regulations, Parts 51 and 52. Appendix W, Guideline on Air Qualitv

Models. The MDEQ also performs modeling to support SIP development and in coordination

with the other Lake Michigan states. Modeling data are available upon request by the EPA or

other interested parties.

Permitting fees: Section 11 0(a)(2)(L) requires SIPs to require each major stationary source to

pay permitting fees to cover the cost of reviewing, approving, implementing, and enforcing a

permit.

The MDEQ continues to implement the approved Title Vprogram, including requiring major

stationary sources to pay permit fees under provisions in MCL 324.5522 ofAct 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 of Understanding regarding consultation and participation in SIP development

have been established between the MDEQ and local political subdivisions. The MDEQ actively

participates in planning forums with regional government planning organizations and establishes

stakeholder workgroups in the development ofrules addressing air pollution. Public comment

periods, and hearings ifrequested, are always held for planned revisions to the Michigan SIP.
Ms. Susan Hedman

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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