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•• i '§" STATE OF MICHIGAN 

, · .. · - !IJEC •· 6 2012oEPARTMENT OF ENVIRONMENTAL QUALITY 

,c! •c-.·~ LANSING 

Rjlh ~NYDER 

DEQ 

·!h:;qyERt;·icJ.R 

November 29, 2012 

VIA U.S. MAIL AND ELECTRONIC SUBMISSION 

Docket I D. EPA-R05-0AR-201 0-0954 

Mr. Douglas Aburano 

United States Environmental Protection Agency 

Region 5 

77 West Jackson Boulevard, AR-18J 

Chicago, Illinois 60604-3507 

Dear Mr. Aburano: 

DAN WYANT 

DIRECTOR 

We are writing to provide additional information regarding the United States 

Environmental Protection Agency's (USEPA's) Notice of Proposed Rulemaking, 

published at 77 Fed. Reg. 46912-46928, dated Monday, August 6, 2012, as it applies to 

the St. Mary Cement (SMC) facility in Charlevoix, Michigan. After recent discussions 

with SMC and further review of the applicability provisions in the Best Available Retrofit 

Technology (BART) rules and guidelines, it is the position of the Michigan Department 

of Environmental Quality (MDEQ), Air Quality Division (AQD) that SMC is not a BARTeligible source. 

As background, the AQD had determined that SMC was BART-eligible and included a 

BART analysis as part of the State Implementation Plan for Regional Haze, submitted to 

the USEPA in November 2010. The BART-eligibility determination was based on the 

fact that the original cement manufacturing facility began operation in the mid-1960s, 

which is within the BART-eligible window of 1962 through 1977. 

Recently, SMC determined they should not have been considered subject to the BART 

regulations because the cement-making operation was substantially reconstructed in 

the 1978-1979 timeframe: Because of the scope of the changes, the reconstructed 

facility was subject to the federal New Source Performance Standards (NSPS) 

requirements. A permit providing for the reconstruction was approved by the AQD in 

early 1978, outside the BART -eligibility window. 

The AQD has reviewed the permitting history of the cement facility as well as the BART 

rules and guidance. Because the reconstruction of the SMC facility was subject to the 

NSPS requirements and the reconstruction occurred outside the BART-eligibility 

window, we concur that the SMC facility should not be considered BART-eligible. 

CONSTITUTION HALL • 525 \NEST ALLEGAN STREET • P.O. BOX 30473 • LJ:\NSING, MICHIGAN 48909-7973 

'NWVV.michigan.gov/deq ~ (800) 662-9278 
Mr. Douglas Aburano 

November 29, 2012 

Page 2 

We are submitting this information to you at the request of SMC. We recognize that 

SMC has been working directly with the USEPA since the proposal was published and 

we are aware that USEPA may have already taken final action on the proposed 

rulemaking. To the extent that this information is useful for future actions the EPA may 

take, the MDEQ is providing this as additional information. 

If you have any questions or require further information, please contact Mr. Robert 

Irvine, AQD, at 517-373-7042 or you may contact me. 

cc: Mr. John Summerhays, USEPA 

Sincerely, 

{!~ .. // · 

~. Air ~i~s~ Quality :~Divis~~ion / 517-373-7069 

Mr. Jim Sygo, Deputy Director, MDEQ 

Ms. Lynn Fiedler, MDEQ 

Mr. Robert Irvine, MDEQ 

Mr. Asad Khan, MDEQ