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 air quality, 

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) of the federal Clean Air Act 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 11 0 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 • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 

www.michigan.gov/deq • (800) 662-9278 
STATE OF MICHIGAN 

DE 

Certification of the Adequacy of the 

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, 2012 
Introduction 

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 of the 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 of the federal Clean Air Act for the 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 for this certification of SIP authority, in accordance with Title 40 of the 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 

control measures, means, or techniques (including economic incentives such 

as fees, marketable permits, and auctions of emissions rights), as well as 

schedules and timetables for compliance, as may be necessary or 

appropriate to meet the applicable requirements of this chapter." 

Part 55, Air Pollution Control, of the 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 11 O(a)(2)(B): Ambient air quality monitoring/data system 

"Each Plan shall{ ... ] provide for establishment and operation of appropriate 

devices, methods, systems, and procedures necessary to 

(i) monitor, compile, and analyze data on ambient air quality, and 

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(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 for the enforcement 

oflhe measures described in subparagraph (A), and regulation oflhe 

modification and construction of any stationary source within the areas 

covered by the plan as necessary to assure that national ambient air quality 

standards are achieved, including a permit program as required in parts C 

and D of this 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 of Act451. 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 of significant 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 

of the EPA's amendments. 

Section 110(a)(2)(D)(i): Interstate transport provisions 

"Each plan shall[ .. .] contain adequate provisions: 

(i) prohibiting, consistent with the provisions of this subchapter, any 

source or other type of emissions activity within the state from emitting 

any air pollutant in amounts which willPage 2 
(I) contribute significantly to nonattainment in, or 

(II) interfere with maintenance by, any other state with respect to any 

such national ambient primary or secondary ambient air quality standard, 

or interfere with measures required to be included in the applicable 

implementation plan for any other state under part C of this subchapter 

to prevent significant deterioration of air quality to protect visibility." 

The EPA's guidance recognizes that due to the physical properties of lead it does not 

experience the same travel or formation 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 of these 

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 of the 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 of the 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 11 O(a)(2)(C), Michigan has an approved PSD 

program under which 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 of this 

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 adequate provisions insuring compliance 

with applicable requirements of section 115 or 126 (b) that involve Pb 

emissions (relating to interstate and international pollution abatement)." 

Michigan's air management program contains adequate provisions to ensure compliance 

with Section 126 of the 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 of the federal Clean Air Act 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) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local 

government or governments, or a regional agency designated by the 

state or general purpose local governments for such purpose) will 

have adequate personnel, funding, and authority under state (and, as 

Page 3 
appropriate, local) law to carry out such implementation plan (and is 

not prohibited by any provision of federal or state law from carrying 

out such implementation plan or porlion thereof), 

(ii) requirements that the state comply with the requirements 

respecting state boards under Section 128, 

(iii) necessary assurances that, where the state has relied on a local 

or regional government, agency, or instrumentality for the 

implementation of any plan provision, the state has responsibility for 

ensuring adequate implementation of such 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 

11 O(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, of the Conflict of Interest Act, 1968 PA 318, as amended, and MCL 15.346, 

of the 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 of the 

Executive Branch of state 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 of the MDEQ. 

Section 110(a)(2)(F): Stationary source monitoring and reporting 

"Each such plan shall[ .. .] require, as may be prescribed by the 

Administrator: 

(i) the installation, maintenance, and replacement of equipment, and 

the implementation of other necessary steps, by owners or operators 

of stationary sources to monitor emissions from such sources, 

(ii) periodic reporls on the nature and amounts of emissions and 

emissions-related data from such source, 

(iii) correlation of such reporls by the state agency with any emission 

limitations or standards established pursuant to this chapter, which 

reporls shall be available at all reasonable limes for public 

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 of emissions. The emissions data is 

compiled and submitted to the EPA AQS 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 4 
Section 110(a)(2)(G): Emergency episodes 

"Each such plan shall provide for authority comparable to that in section 303 

of this Tille and adequate contingency plans to implement such authority." 

MCL 324.5518 of Part 55 provides authority for the MDEQ Director to require the immediate 

discontinuation of air contaminant discharges that constitute an imminent and substantial 

endangerment to the public health, safely, or welfare, or to 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 for revision of such plan -

(i) from time to time as may be necessary to take account of revisions 

of such national primary or secondary ambient air quality standard or 

the availability of improved or more expeditious methods of attaining 

such standard, and 

(ii) except as provided in paragraph (3)(C), whenever the 

Administrator finds on the basis of information available to the 

Administrator that the plan is substantially inadequate to attain the 

national ambient air quality standard which it implements or to 

otherwise comply with any additional requirements established under 

this chapter (CAA)." 

Promulgation of rules to establish standards for ambient air quality and emissions is one of 

the powers of the 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 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. 

Section 110(a)(2)(1): Nonattainment area plan or plan revision under Part D 

"Each such plan shall[. .. ] in the case of a plan or plan revision for an area 

designated as a nonattainment area, meet the applicable requirements of 

Part 0 of this subchapter (relating to nonattainment areas)." 

The MDEQ will submit Michigan's lead nonallainmenl SIP plans on the schedule set out in 

Part D of the federal Clean Air Act. 

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 of section 121 of 

this Tille (relating to consultation), section 127 of this Tille (relating to public 

notification), and pari C of this subchapter (relating to prevention of 

significant deterioration of air quality and visibility protection)." 

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 of the 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 of the federal government or other states or any 

interstate and international agencies on air pollution control activities. 

The MDEQ prepares an annual Air Quality Reporl, 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 of this section have been 

previously addressed in the section addressing Section 11 O(a)(2)(C) and Section 11 O(a)(2)(D). 

Insofar as those provisions satisfy the applicable requirements of those sections, the MDEQ 

intends the same provisions to satisfy the applicable requirements of Section 110(a)(2)(J). 

Section 11 O(a)(2)(K): Air quality modeling/data 

"Each such plan shall[ .. .] provide for-

(i) the performance of such air quality modeling as the Administrator 

may prescribe for the purpose of predicting the effect on ambient air 

quality of any emissions of any air pollutant for which the 

Administrator has established a national ambient air quality standard, 

and 

(ii) the submission, upon request, of data related to such air quality 

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 AERMOD to 

assess lead impacts. 

Page 6 
Section 11 O(a)(2)(L): Permitting Fees 

"Each such plan shall require the owner or operator of each major stationary 

source to pay to the permitting authority, as a condition of any permit 

required under this chapter, a fee sufficient to cover-

(i) the reasonable costs of reviewing and acting upon any application 

for such a permit, and; 

(ii) if the owner or operator receives a permit for such source, the 

reasonable costs of implementing and enforcing the terms and 

conditions of any such permit (not including any cowt costs or other 

costs associated with any enforcement action), until such fee 

requirement is superseded with respect to such sources by the 

Administrator's approval of a fee program under subchapter Title V of 

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 for consultation and participation by local 

political subdivisions affected by 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 stakeholder workgroups 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 of the 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 of the 

county and state health departments participated. 

Page 7 
Notice of Public Comment and Hearing 

A notice of a public comment period and possible hearing on this Section 11 0 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. 

Excerpt from DEQ ENVIRONMENTAL CALENDAR, January 30, 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: Mary Maupin, Air Quality Division, mauplnm@mlchigan.gov or 

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) of the 

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 a chance to speak. Those 

Interested may contact the Air Quality DiVision at 517-373-7039 on March 1, 2012, to delennine if a hearing was 

requested and will be held. lnformalion Contact: Mary Maupin, Air Quality Division, maupinm@michigan.gov or 

517-373-7039. 

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