JENNIFER M. GRANHOLM GOVERNOn SWTE OF MICIIK;AN DEPARTMENT OF ENVIRONMENTAL QUALITY LANSING

STEVEN E. CHESTER DIRECTOR December6,2007

Ms. Mary A. Gade, Regional Administrator United States Environmental ProtectionAgency Region 5 77 West Jackson Boulevard (R-19J) Chicago, Illinois 60604-3507 Dear Administrator Gade: SUBJECT: Michigan Infrastructure of State Implementation Plans Through this letter, the Michigan Departmentof Environmental Quality (MDEQ) is confirming that the State of Michigan continues to retain the authorities necessary to implement and satisfactorily complete the Clean Air Act, Section 11 0 infrastructure requirements listed below. The requirements are met for the current and any prospective future NationalAmbient Air Quality Standards (NAAQS), including standards for ozone and various sizes of particulate matter. The State Implementation Plan (SIP) elements listed below are required under Section 110(a)(2). Section 11 0(a) provides the procedural and timing requirementsfor SIPS. Section 110(a)(2) lists the basic 

### or "infrastructure"elements that all SIPSmust contain. Emission limits and other control measures: Section 1IO(a)(Z)(A) requires SIPSto include enforceable emissions limits and other control measures, means or techniques, schedules for compliance and other related matters. The United States Environmental ProtectionAgency (EPA) notes that the specific nonattainment plan requirements of Section I I O(a)(2) are subject to the timing requirement of Section 172, not the timing requirement of Section 110(a), and also that SIPSto meet this section are not covered by the Consent Decree. The MDEQ continues to staff and implement needed revisions to 

### the Michgan SIP. The Michigan Natural Resources and EnvironmentalProtecfion Act, 1994PA 451, as amended (Act 451), MCL 324.5503 and 324.5512, provides the MDEQ Director the authow to regulate the discharge of airpoilutants, topromulgate rules to establish standards for emissions for ambient air qualityand for emissions. Ambient air quality monitoring data system: Section 1IO(a)(Z)(B) requires SIPSto include provisions to provide for the establishment and operation of ambient air quality monitors, to collect and analyze ambient air quality data, and make these data available to EPA upon request. In accordance with the Michigan SIP, the MDEQ maintains a comprehensivenetwork ofair quality monitors throughout Michigan with fhe 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 all applicable federal requirements.

CONSTkTUTlON HALL 525 WEST AUEGAN STF3EET* P.O. BOX 30473 LANSING, MICHIGAN48909-7973 www.rnichipan.w (800)862-9278Ms. Mary A. Gade -2- December 6,2007

Program for enforcement of control measures: Section 110(2)(C) requires states to include a program providing for enforcement of all SIP measures and tfw regulation of construction of new or modified stationary sources to meet Prevention of Significant Deterioration (PSD) and nonattainment New Source Review (NSR) requirements. The MDEQ continues to staff and impiement a vigorous enforcement program to assure compliance with all requirements under State law. The

### PSD program responsibility was delegated to Michigan on September 10, 1979 and amended on November 

### 7, 1983and September 26, 1988. Michigan also administers an NSRpermitting program. Interstatetransport: Section 11 0(a)(2)(D) requires SIPSto include provisions prohibiting any source or other type of emission activity in one state from contributing significantly to nonattainment, or interferingwith maintenance of the NAAQS in another state, or from interferingwith measures required to prevent significant deterioration of air quality or to protect visibility in another state. The EPA has ateady issued the Clean Air Interstate Rule (CAIR) to assist states in developing SIPSto meet this requirementfor purposes of the 8-hour 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 adopted and implemented various major programs related to the interstate transport ofpollution, such as the Nitrogen Oxides

# - Budget Trading Program (R 336.1802- 181 8), and the CAIR Program 

### (R336.1821- 7826and R 336.1830-1 836). Adequate resources: Section 11 O(a)(Z)(E) requires states to provide for adequate personnel, funding, and legal authority under state law to 

### cavy out its SIP, and related issues. The MDEQAir QualityProgram is funded through Title 

### Vfees, Section 105and 103 grants, and matching funds, Act 451 provides the legal authority under state law to cany out the Michigan SIP. Stationary source monitoring system: Section (I 1O(aX2)(F) requires states to establish 

### a system to monitor emissions from stationary sources and to submit periodic emissions reports. The MichiganAdministrative Code R 336.2001-2004 provides requirements for performance testing and sampling. 

### R 336.2 101-2 199 provides requirements for continuous emission monitoring, and R 336.201-202 requires annual reporting of emissions. Emergency power: Section I 1O(a)(Z)(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. MCL R 324.5518 ofAct 451 provides authorityfor the MDEQ to require the immediate discontinuation ofair contaminantdischarges that constituie an imminent and substantial endangerment to thepublic health, safety, or welfare, or to the environment. R 324.5530 provides for civil action by the MichiganAttorney Generalfora violation as described in R 324.5518. The MDEQ wili revise administrative rules to implement emergency actionplans when the 

### €PA establishes the revised significantharm levels for PM2.5, if needed. The MDEQ is a pariner in 

### the EnviroFlash alert system,provides current air quality status on the MDEQ web pages, participates in the EPA AirNowprogram, and is a partner in the Biowatch emergencypreparedness system.Ms. Mary A. Gade 

### -3- December 6,2007

Future SIP revisions: Section 1lO(a)(Z)(H) requires states to have the authority to revise their SIPSin response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in responseto an EPA finding that the SIP is substantially inadequate, Act 451 provides the 

### MDEQ with authoritytopromulgate rules to establish standards for ambient air quality and emissions; to issue, deny, revoke, or reissuepermits; to make findings of fact and determinations;to make, modify, or cancel orders that require the control ofair pollution, andpermits rules and regulations necessary to meet NAAQS; and toprepare and develop 

### a general comprehensiveplan 

### for the control or abatement of existing air pollution and for control orprevention of any new airpollution. Consultation with government officials: Section 

### 110(a)(2)(J) requires states to provide a process 

### for consultationwith local governments and federal 

### Land Managers canying out NAAQS implementation requirements pursuant to Section 121 relating to consultation. The MDEQ activelyparticipates in planning efforts that include stakeholders from local governments, the business community, and communiiyactivistgroups. FederalLand Managers and tribalgroups have been involved in Michigan SIP development through 

### the Midwest Regional Planning Organization. Public notifications: Section 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. OzoneAction! Progmms, AirNow and EnviroFIash program participation, andposting ofcurrent air qualify concentrationson MDEQ webpages a#serve to notify the public and to enhance awareness. The MDEQ alsoprepares an annual

### Air Quality Report. PSD and visibility protection: Section 110(a)(2)(J)also requires states to meet applicable requirements of Part C related to preventionof significant detei~ration and visibility protection. The MDEQ 

### is addressing both the long-term requirements to meet natural visibility levels by 2064 and the ongoing review of new major sources under the

### PSD program. TheMDEQ willbe submitting the regional haze/BART SIP and is consulting with the federal Land Managers regarding the 

### SIP. Air quality modeling data: Section 1 1 O(a)(2)(K) requires that 

### SIPS providefor performing air quality modeling for predicting effects on air quality of emissions from any NAAQS pollutant and submission of such data to the EPA upon request. 73e MDEQ reviews the potential impad ofmejorand some minornew sources, consistent with the Code of Federal Regulations, Parts 51 and 52, Appendix W, Guideline on Air Quality Models. Modeling data are available upon requestby the EPA or other interestedparties. Permitting fees: Section I1 O(a)(Z)(L) requires 

### SIPS to require each major stationary source to pay permittingfees to cover the cost of reviewing, approving, implementing, and enforcing a permit. The MDEQ continues to implement the approved Titfe V program, including requiring major sources to paypermit fees under provisions of MCL R 324.5522 ofAct 451.Ms. Mary A. Gade -4- December 6,2007

Consultationlparticipationby affected

### local 

### entities: Section 1 10(a)(2)(M) requires states to provide for consultation and participation in SIP development by local politicalsubdivisions affected by the SIP. Memorandums of Understanding regarding mnsultation/participationin SIP development have been established between the MDEQ and localpoliticalsubdivisions. The 

### MDEQ provides opportunityfor stakeholder workgroup participation in mle development processes. Michigan has the necessary infrastructure provisions to satisfy the requirements of 

### the Clean Air Act. Please contact 

### Mr. 

### G. Vinson Hetlwig, Chief, 

### Air Quality Division, at 517-373-7069 if you 

### have any questions. Sincerely 

# /M&

~tev/en%. Chester Director 

### 51 

### 7-373-79 1

### 7

cc: Ms. Cheryl Newton, 

### EPA Mr. Jim Sygo, Deputy Director, MDEQ Mr. G. Vinson Hellwig, MDEQ