STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY LANSING RICK SNYDER

GOVERNOR

Ms. Susan Hedman, Regional Administrator U.S. Environmental Protection Agency Region 5 77 West Jackson Boulevard (R-19J) Chicago, Illinois 60604-3507 Dear Ms. Hedman: April 3, 2012 DAN WYANT DIRECTOR

SUBJECT: Michigan Infrastructure State Implementation Plan (SIP) Components Confirmation Through this letter, the Michigan Department of Environmental Quality (MDEQ) is confirming that the State of Michigan retains the authorities necessary to evaluate ambient airquality, develop plans to attain and maintain the National Ambient Air Quality Standards (NAAQS), meet the requirements of the New Source Review Program, and effectively enforce all applicable requirements. Specifically, the resources and authority to implement and satisfactorily complete the requirements set forth in Sections 110(a)(1) and (2) ofthe federal Clean AirAct are provided for in the Michigan SIP.
The MDEQ has reviewed Michigan's air quality management program authorities as they pertain to the revised lead NAAQS, promulgated on October 15, 2008. The SIP elements required under Section 110 are addressed in the enclosed certification that describes the State authorities that constitute the infrastructure of Michigan's air program. As stated above, the MDEQ has determined that the existing Michigan SIP is adequate. Opportunity for public comment and hearing has been provided on this certification. Questions on this submittal may be directed to Mr. G. Vinson Hellwig, Chief, Air Quality Division, at 517-373-7069; or MDEQ, P.O. Box 30260, Lansing, Michigan 48909-7760; or you may contact me.

Enclosure

# ~~lJ**~Wyant** Director 517-373-7917

cc/enc: Mr. Andrew Chang, U.S. Environmental Protection Agency, Region 5 Mr. Jim Sygo, Deputy Director, MDEQ Mr. G. Vinson Hellwig, MDEQ Ms. Mary Maupin, MDEQ

CONSTITUTION HALL• 525WEST ALLEGAN STREET• P.O. BOX30473 • LANSING, MICHIGAN 48909-7973 www.michigan.gov/deq • (800) 662-9278

# STATE OF MICHIGAN 

# DE

Certification ofthe Adequacy ofthe Michigan State Implementation Plan Infrastructure Applicable to the 2008 Lead National Ambient Air Quality Standard

Prepared by the Michigan Department of Environmental Quality Air Quality Division

April 3, 2012Introduction
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 and maintain new and existing air quality standards, meet the requirements ofthe new source review (NSR) program, and effectively enforce all applicable requirements. Specifically, the resources and authority to implement and satisfactorily complete the requirements set forth in Section 110 ofthe federal Clean AirAct forthe 2008 lead National Ambient Air Quality Standard (NAAQS) are provided for in the Michigan State Implementation Plan (SIP). This is commonly referred to as the "infrastructure SIP;" this document describes Michigan's infrastructure SIP for the 2008 lead NAAQS. The SIP elements addressed in this document are required under Sections 110(a)(1) and (2). Section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) specifies the basic elements and sub-elements that all SIPs must contain. The U.S. Environmental Protection Agency (EPA) guidance on the lead NAAQS Infrastructure SIP elements (October 14, 2011 -Stephen D. Page) addresses the following elements at the core of the overall ambient air quality management structure. An opportunity for public comment and hearing was provided forthis certification of SIP authority, in accordance with Title 40 ofthe Code of Federal Regulations (CFR), Part 51, Appendix V 2.1 (g), and 40 CFR, Section 51.102.
Required Section 110 SIP Elements
The SIP elements indented below are excerpted from the EPA guidance on infrastructure SIPs for the lead NAAQS. The MDEQ response follows each requirement. Section 110(a)(2)(A): Emission limits and other control measures "Each such plan shall[.

..]include enforceable emission limitations and other controlmeasures, means, ortechniques (including economic incentives such as fees, marketablepermits, andauctions ofemissions rights), as well as schedules andtimetables forcompliance, as maybe necessaryor appropriate to meet the applicable requirements ofthis chapter."
Part 55, Air Pollution Control, ofthe Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), MCL 324.5503 and 324.5512, provides the MDEQ Director the authority to regulate the discharge of air pollutants and to promulgate rules to establish emissions standards for ambient air quality and for emissions. The MDEQ continues to monitor, update, and implement necessary and required revisions to the Michigan SIP in the form of emissions limits and other control measures to meet federal ambient air quality standards, including the 2008 lead NAAQS. Consistent with the EPA's guidance, this infrastructure SIP submittal does not identify nonattainment area emissions controls. Belding, Michigan, was designated as a nonattainment area in November of 2011. Limitations and other control measures for this area are on a different schedule and will be submitted to the EPA at the appropriate time. Section 11O(a)(2)(B): Ambient air quality monitoring/data system
"Each Plan shall{

...]provide forestablishmentandoperation ofappropriate devices, methods, systems, andprocedures necessaryto (i) monitor, compile, andanalyze data on ambient airquality, and

Page 1(ii) upon request, make such data available to the Administrator."
In accordance with the Michigan SIP, the MDEQ maintains a comprehensive network of air quality monitors throughout Michigan with a primary objective to determine compliance with the NAAQS. The MDEQ currently operates lead monitors at eight sites established to meet federal requirements for monitoring in population centers or in proximity to lead-emitting sources. The quality assured ambient monitoring data is submitted to the EPA Air Quality Subsystem (AQS) as required by 40 CFR Section 51.320. The MDEQ submits network reviews to the EPA annually to ensure that its air monitoring operations comply with applicable federal requirements. The MDEQ most recently submitted a network review to the EPA on June 27, 2011. Section 110(a)(2)(C): Programs for enforcement, PSD, and NSR
"Each such plan shall[.

..]include 

### a program to provide forthe enforcement oflhe measures describedin subparagraph (A), andregulation oflhe modification andconstruction ofanystationarysource within the areas coveredbythe plan as necessaryto assure thatnationalambientairquality standards are achieved, including 

### a permitprogram as requiredin parts C andD ofthis subchapter." MCL 324.5526-324.5532 provide authorities to enforce emission limitations and other control measures. The MDEQ continues to staff and implement an enforcement program to assure compliance with all requirements under state law and the Michigan SIP, consistent with the provisions ofAct451. This air quality enforcement unit provides support and technical assistance to Michigan's Attorney General on all air pollution enforcement issues referred by the MDEQ's Air Quality Division for escalated enforcement action. Lastly, the enforcement unit coordinates formal administrative actions such as contested case hearings, administrative complaints, and revocation of permits to install. Michigan's prevention ofsignificant deterioration (PSD) program regulations, authorized in MCL 324.5512, can be found at R 336.2801-R 336.2823. These regulations contain provisions that appropriately regulate construction of new or modified stationary sources consistent with Part C. Michigan has previously demonstrated that it retains both the authority and the personnel to permit greenhouse gas (GHG) emissions at thresholds established in the "Tailoring Rule." In a letter dated July 27, 2010, the MDEQ confirmed that these thresholds can be accommodated in Michigan's PSD Program rules. Finally, lead minor sources are subject to general permit to install regulations in R 336.1201-R 336.1209. The EPA has noted in its guidance that no amendments to federal PSD regulations have been made with respect to the lead NAAQS, but that such revisions may be appropriate in light of the 2008 lead NAAQS. If and when such revisions are made, the MDEQ commits to work with the EPA to ensure that our PSD regulations are consistent with federal regulations within three years ofthe EPA's amendments. Section 110(a)(2)(D)(i): Interstate transport provisions
"Each plan shall[

.. .]contain adequate provisions: (i) prohibiting, consistent with the provisions ofthis subchapter, any source orothertype ofemissions activity within the state from emitting anyairpollutant in amounts which willPage 2(I) contribute significantlyto nonattainmentin, or (II) interfere with maintenance by, anyotherstate with respect to any such nationalambientprimaryorsecondaryambientairqualitystandard, orinterfere with measures required to be includedin the applicable implementation plan foranyotherstate underpart C ofthis subchapter to preventsignificant deterioration ofairqualityto protect visibility."
The EPA's guidance recognizes that due to the physical properties of lead it does not experience the same travel orformation phenomenon as seen with particulate matter or ozone. A sharp decrease in lead concentrations is seen as the distance from a lead source increases, making it very unlikely for a source to emil such an amount that would contribute significantly to, or interfere with maintenance of, another State's inability to meet the 2008 lead NAAQS. The MDEQ's 2012 Ambient Air Monitoring Network Review describes the location of Michigan sources emitting more than 0.5 ton of lead per year as well as the impact screening of each ofthese sources. This analysis identified no adverse impacts above the 2008 lead NAAQS from existing sources to neighboring states, Class I areas, or Canada. The EPA's final nonattainment designation ofthe Belding area confirms that the elevated lead levels in that area are not expected to travel more than 0.65 mile away from the center ofthe source thought responsible for the emissions. Belding is located approximately 100 miles away from the nearest neighboring state, Indiana. As detailed in the section addressing Section 11O(a)(2)(C), Michigan has an approved PSD program underwhich permit applicants must demonstrate that emissions will not cause or contribute to NAAQS violations or exceed allowable increases over baseline concentrations, under R 336.2811. To clarify, the MDEQ's PSD regulations sufficiently address all applicable elements of this section, as well as those of Section 110(a)(2)(C). To address the visibility requirements ofthis section, Federal Land Managers are notified when the MDEQ receives applications for PSD permits that would impact air quality-related values of Class I lands, including visibility, as specified in R 336.2816. Section 110(a)(2)(D)(ii): Interstate and international transport provisions
"Each state plan shall[.

..]contain adequateprovisions insuring compliance with applicable requirements ofsection 115 or 126 (b) that involve Pb emissions (relating to interstate andinternationalpollution abatement)."

Michigan's air management program contains adequate provisions to ensure compliance with Section 126 ofthe federal Clean Air Act relating to interstate pollution abatement. Neighboring states and tribes are notified regarding new or modified sources, as specified in R 336.2817. Additionally, Section 115 ofthe federal Clean AirAct relates to international pollution abatement. Michigan has no pending obligations under Section 115. Section 110(a)(2)(E): Adequate personnel, funding, and authority
"Each plan shall[

.. .]provide: (i) necessaryassurances that the state (or, except where the Administratordeems inappropriate, the generalpurpose local government orgovernments, or

### a regionalagencydesignatedbythe state orgeneralpurpose localgovernments forsuch purpose) will have adequatepersonnel, funding, andauthority understate (and, as

Page 3appropriate, local) law to carryoutsuch implementation plan (andis notprohibitedbyanyprovision offederal orstate lawfrom carrying outsuch implementation plan orporlion thereof), (ii) requirements that the state comply with the requirements respecting state boards underSection 128, (iii) necessaryassurances that, where the state has relied on a local orregionalgovernment, agency, orinstrumentalityforthe implementation ofanyplan provision, the state has responsibilityfor ensuring adequate implementation ofsuch plan provision."
The MDEQ air program is adequately funded through Title V fees, 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 specified in the section addressing Section 11O(a)(2)(C), the MDEQ also retains both the legal authority and adequate personnel to permit GHG emitting sources at the appropriate federal tailoring threshold. Michigan does not have authorized boards or commissions to approve air permits or enforcement orders. This authority rests with the MDEQ Director and his designee. MCL 15.301-15.310, ofthe Conflict of Interest Act, 1968 PA 318, as amended, and MCL 15.346, ofthe State Ethics Act, 1973 PA 196 as amended, define standards of conduct for employees and public officers appointed by the Governor and other executive department offiCials ofthe Executive Branch ofstate government. These Acts prohibit an employee from the issuance of permits or other regulation or supervision relating to a business entity in which the employee has a financial or personal interest. Michigan does not rely on local agencies to implement the SIP, issue permits, or conduct enforcement activities. These activities are fully within the purview ofthe MDEQ. Section 110(a)(2)(F): Stationary source monitoring and reporting
"Each such plan shall[

...]require, as maybe prescribedbythe Administrator: (i) the installation, maintenance, andreplacement ofequipment, and the implementation ofothernecessarysteps, byowners oroperators ofstationarysources to monitoremissions from such sources, (ii) periodic reporls on the nature andamounts ofemissions and emissions-relateddata from such source, (iii) correlation ofsuch reporls bythe state agency with anyemission limitations orstandards establishedpursuant to this chapter, which reporls shallbe available atallreasonable limes forpublic inspection."
R 336.2001-336.2199 provide requirements for stationary source performance testing and sampling. R 336.2101-336.2199 provide requirements for continuous emissions monitoring (CEMs), and R 336.201-336.202 require annual reporting ofemissions. The emissions data is compiled and submitted to the EPAAQS system in accordance with EPA regulations at 40 CFR, Part 51, Subpart A and Subpart Q. Compliance personnel provide follow up on stack tests and CEMs indicating violations. State air permits and reported emissions are available to the public.

Page 4Section 110(a)(2)(G): Emergency episodes
"Each such plan shallprovide forauthoritycomparable to thatin section 303 ofthis Tille andadequate contingencyplans to implement such authority." MCL 324.5518 of Part 55 provides authority for the MDEQ Directorto require the immediate discontinuation of air contaminant discharges that constitute an imminent and substantial endangerment to the public health, safely, orwelfare, orto the environment. MCL 324.5530 of Part 55 provides for civil action by the Michigan Attorney General for a violation as described in MCL 324.5518. Where excess emissions have been identified, the MDEQ has taken immediate steps to curtail emissions, notify the public, involve public health officials, and plan for remediation. Enforcement actions have also been pursued. The MDEQ has adequate authority and resources to immediately address any lead emergency episodes. Ambient lead monitors have been installed adjacent to large lead sources to assess their impact on nearby communities. Section 110(a)(2(H): Future SIP revisions
"Each such plan shall[

.. .}provide forrevision ofsuch plan

- 

### (i) from time to time as maybe necessaryto take account ofrevisions ofsuch nationalprimaryorsecondaryambient airqualitystandardor the availabilityofimproved ormore expeditious methods ofattaining such standard, and (ii) except asprovidedin paragraph (3)(C), wheneverthe Administratorfinds on the basis ofinformation available to the Administratorthat the plan is substantiallyinadequate to attain the nationalambientairqualitystandard which it implements orto otherwise comply with anyadditionalrequirements established under this chapter(CAA)." Promulgation of rules to establish standards for ambient air quality and emissions is one of the powers ofthe MDEQ enumerated in MCL 324.5503. MCL 324.5512 provides authority to the MDEQ to promulgate rules for controlling or prohibiting air pollution, complying with the federal Clean AirAct, and establishing suitable emission standards consistent with ambient air quality standards established by the federal government. The MDEQ has authority to respond to the EPAfindings regarding the Michigan SIP and the air quality program. Section 110(a)(2)(1): Nonattainment area plan or plan revision under Part D
"Each such plan shall[.

..] in the case ofaplan orplan revision foran area designatedas a nonattainmentarea, meet the applicable requirements of Part

### 0 ofthis subchapter(relating to nonattainmentareas)."
The MDEQ will submit Michigan's lead nonallainmenl SIP plans on the schedule set out in Part D ofthe federal Clean AirAct. Section 110(a)(2)(J): Consultation with government officials, public notification, PSD and visibility protection

Page 5"Each such plan shall[.

..] meet the applicable requirements ofsection 121 of this Tille (relating to consultation), section 127ofthis Tille (relating to public notification), andpari C ofthis subchapter(relating to prevention of significant deterioration ofairqualityandvisibilityprotection)."
The MDEQ includes stakeholders from local governments, the business community, and community groups in processes involving rule development and SIP planning. Federal land managers and tribal groups have been involved in Michigan SIP development through the Midwest Regional Planning Organization. The MDEQ is also an active member ofthe Lake Michigan Air Directors Consortium. Federal Land Managers are provided with notification of permit applications that may impact air quality and visibility in Class I areas, as required by R 336.2816. Draft permits are subjected to the public participation process specified in MCL 324.5511 (3). Proposed PSD permit notices of public comment required by R 336.2817 include other state or local air pollution control agencies, chief executives of cities and counties, regional land use planning agencies, Federal Land Managers, and Indian governing bodies whose land may be affected. Formal Memorandums of Understanding have been developed for processes involving transportation conformity and regional planning. MCL 324.5503 confers authority upon the MDEQ to cooperate with appropriate agencies ofthe federal government or other states or any interstate and international agencies on air pollution control activities. The MDEQ prepares an annual AirQualityReporl, participates in the C/eanAirAction!, AirNow, and EnviroF/ash programs and posts current air quality concentrations on the MDEQ Web pages, all serving to notify the public and to enhance awareness of air quality. The MDEQ's satisfaction of the PSD and visibility requirements ofthis section have been previously addressed in the section addressing Section 11O(a)(2)(C) and Section 11O(a)(2)(D). Insofar as those provisions satisfy the applicable requirements ofthose sections, the MDEQ intends the same provisions to satisfy the applicable requirements of Section 110(a)(2)(J). Section 11O(a)(2)(K): Air quality modeling/data
"Each such plan shall[

.. .]provide for- 

### (i) the performance ofsuch airquality modeling as the Administrator mayprescribe for the purpose ofpredicting the effect on ambientair qualityofany emissions ofanyairpollutant for which the Administratorhas established

### a nationalambientairqualitystandard, and (ii) the submission, upon request, ofdata related to such airquality modeling to the Administrator."
The MDEQ reviews the potential impact of major and some minor sources, consistent with 40 CFR, Parts 51 and 52, Appendix W, Guideline on Air Quality Models. The MDEQ also performs modeling to support SIP development and in coordination with other Lake Michigan states. Modeling data are available upon request by the EPA and other interested parties. The MDEQ has the capability to perform source-oriented dispersion modeling with AERMODto assess lead impacts.

Page 6Section 11O(a)(2)(L): Permitting Fees
"Each such plan shallrequire the owneroroperatorofeach majorstationary source to payto the permitting authority, as a condition ofanypermit required underthis chapter, a fee sufficient to cover- (i) the reasonable costs ofreviewing andacting upon anyapplication forsuch a permit, and; 

### (ii) ifthe owneroroperatorreceives apermit forsuch source, the reasonable costs ofimplementing andenforcing the terms and conditions ofanysuch permit (notincluding anycowt costs orother costs associated with anyenforcementaction), untilsuch fee requirement is superseded with respect to such sources bythe Administrator's approvalofa fee program undersubchapter Title Vof this chapter." MCL 324.5522, as amended by 2011 PA 164, confers upon the MDEQ the authority to levy and collect an annual air quality fee from the owner or operator of each fee-subject facility in Michigan under R 336.1212. Section 110(a)(2)(M): Consultation/participation 

### by affected local entities
"Each such plan shall[.

..]provide forconsultation andparticipation bylocal politicalsubdivisions affectedby the plan."
The MDEQ regularly involves local political subdivisions in attainment planning and decision-making. The MDEQ actively participates in planning forums with regional government planning organizations and establishes stakeholderworkgroups in the development of rules addressing air pollution. Public comment periods, and hearings, if requested, are always held for proposed revisions to the Michigan SIP, as required in 40 CFR, Part 51. State administrative rules are also subject to the notice and hearing requirements ofthe Michigan Administrative Procedures Act, 1969 PA 306, as amended, and are authorized in MCL 324.5512. The MDEQ has held several informational meetings for local officials and the public in Belding, Michigan, the state's sole nonattainment area for lead, in which representatives ofthe county and state health departments participated.

Page 7Notice of Public Comment and Hearing
A notice of a public comment period and possible hearing on this Section 110 certification of SIP adequacy for the newly revised lead NAAQS was posted in the January 30, 2012, edition of the MDEQ Environmental Calendar at http://www.michiqan.gov/degcalendar. Neither a request for a public hearing nor comments on this submittal were received.



### Excerptfrom DEQ ENVIRONMENTAL CALENDAR, January30, 2012

FEBRUARY 29, 2012

MARCH 6, 2012 1:00 p.m. DEADLINE FOR PUBLIC COMMENT REGARDING MICHIGAN STATE IMPLEMENTATION PLAN ELEMENTS TO ADDRESS THE LEAD NATIONAL AMBIENT AIR QUALITY STANDARD. Written comments are being accepted on a proposed certification that the Michigan State Implementation Plan (SIP) contains the necessary Infrastructure elements to address the 2008 Lead National Ambient Air Quality Standard. The proposed certification can be viewed at www.michigan.gov/deqalr. Submit written comments to Mary Maupin, Michigan Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909. Written comments will be accepted by e·mall and all statements must be received by February 29, 2012.1f a request is received In writing by February 29, 2011, a public hearing will be held on March 6, 2012 (see March 6 listing in this calendar). Information Contact: MaryMaupin, Air Quality Division, mauplnm@mlchigan.govor 517-373-7039. Decision-maker: G. Vinson Hellwig, Air Quality Division Chief.

TENTATIVELY SCHEDULED PUBLIC HEARING REGARDING THE MICHIGAN STATE IMPLEMENTATION PLAN (SIP), for the proposed certification that all elements required under Section 110(a)(1) and 110(a)(2) ofthe federal Clean Air Act for the 2008 Lead National Ambient Air Quality Standard are addressed In the Michigan SIP. If a public hearing is requested in writing by February 29, 2012, a public hearing will be held March 6, 2012, in the Lillian Hatcher Conference Room, Constitution Hall, 525 West Allegan Street, 3rd Floor, North Tower, Lansing, Michigan. The hearing will begin at 1:00 p.m. and wiJJ be closed after all participants have achance to speak. Those Interested may contact the Air Quality DiVision at 517-373-7039 on March 1, 2012, to delennine ifa hearing was requested and will be held. lnformalion Contact: MaryMaupin, Air Quality Division, maupinm@michigan.govor 517-373-7039.

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