RICK SNYDER

GOVERNOR STATE OF MICHIGAN

DEPARTMENT OF ENVIRONMENTAL QUALITY

LANSING



### July 10, 2014

# DE~

DAN WYANT

DIRECTOR



### RECEiVED



## ·JUL 17 

# 2014

Dr. Susan Hedman, Regional Administrator

United States Environmental Protection Agency Region 5 U:::, cf'h. ,,_c,,

. .avn

_, OFFICE 

## oi REGIONALADMlNISTRATOR



### 77 West Jackson Boulevard (R-19J) Chicago, Illinois 60604

Dear Dr. Hedman:

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 air

ambient 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 MDEQ resources and authority to implement and satisfactorily complete the requirements set forth in

Section 110 of the federal Clean Air Act are provided for in the Michigan SIP.

A letter dated March 24, 2011, from Governor Rick Snyder to the United States

Environmental Protection Agency (US EPA), Region 5, delegates authority to the MDEQ

Director to make any submittal, request, or application under the federal Clean Air Act, including this SIP submittal. The letter is available upon request.

Through this submission, the MDEQ is requesting the addition of Civil Service

Rule 2-8.3(a)(1) to the SIP for the purposes of meeting requirements of the Clean Air

Act. Civil Service Rule 2-8.3(a)(1) requires certain employees to disclose potential

conflicts of interest on an annual basis, and we are requesting that the USEPA approve
the rule into the SIP as satisfying the general state board requirements under

Section 128, as well as the applicable requirements of Section 11 O(a)(2)(E)(ii).

The MDEQ has reviewed Michigan's air quality management program authorities as they pertain to the Nitrogen Dioxide NAAQS and the Sulfur Dioxide NAAQS, promulgated in 2010, the Ozone NAAQS promulgated in 2008, and the Particulate

Matter 2.5 NAAQS promulgated in 2012. 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, with the addition of Civil Service

Rule 2-8.3(a)(1 ), is adequate. Opportunity for public comment and hearing has been provided on this certification.

CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973
www.michigan.gov/deq • (800) 662-9278

### Dr. Susan Hedman Page 2 July 1 0, 2014

The public notice addressing this revision of the SIP was published in the April21,
2014, and May 5, 2014, MDEQ Environmental Calendar 

### located on the MDEO Web site

at http://www.michigan.gov/envcalendar and excerpts are included as Attachment C.

The Opening Statement for the June 4, 2014, public hearing includes information on the

notice of public hearing. The staff report is also included with the opening statement in

Attachment D. Copies of the comments received concerning this SIP submittal and

responses are in Attachment 

### E.

Questions on this submittal may be directed to Ms. Mary Maupin, SIP Unit Supervisor, AQD, MDEQ, at 517-284-6755 or maupinm@michigan.gov; Ms. Lynn Fiedler, Acting

Division Chief, AOD, MDEO, at 517-284-6773; or MDEO, AQD, P.O. Box 30260, Lansing, Michigan 48909-7760.

Enclosure anWya

Director

517-284-6700

cc/enc: Mr. Andrew Chang, USEPA, Region 5

Mr. Jim Sygo, Deputy Director, MDEO

Ms. Lynn Fiedler, MDEO

Ms. Mary Maupin, MDEQDan Wyant

Director



# PROPOSED REVISIONS TO

STATE OF MICHIGAN

STATE IMPLEMENTATION PLAN

for

Infrastructure Requirements for the 2008 Ozone NAAQS, 2010 Nitrogen Dioxide NAAQS, 2010 Sulfur Dioxide NAAQS, and the 2012 Particulate Matter
NAAQS

July 10, 2014

Prepared by:

Michigan Department of Environmental Quality Air Quality Division

P.O. Box 30260 Lansing, MI 48909

- 7760 INTERNET: http://www.michigan.gov/deqair

### TABLE OF CONTENTS

Michigan’s Infrastructure State Implementation Plan for the 2008 Ozone NAAQS, 2010 Nitrogen Dioxide NAAQS, 2010 Sulfur Dioxide NAAQS, and the 2012
Particulate Matter NAAQS Pages 1 -9

ATTACHMENTS

ATTACHMENT A Executive Order 199 5- 18, Executive Order 2009

- 45 and Executive

Order 2011

- 1 and Delegation Letters; AQD

- 55

- 12, AQD

- 55

- 02, and
AQD

- 55

- 14.



### ATTACHMENT B Michigan Civil Service Rule 2

- 8.3(a)(1).



### ATTACHMENT C Notices of Public Comment and Hearing Request from April 21, 2014, and May 5, 2014, issues of MDEQ Environmental Calendar.



### ATTACHMENT D Staff Report dated June 4, 2014. Opening Statement for June 4, 2014, Public Hearing.



### ATTACHMENT E Public Comments and MDEQ Responses.STATE OF MICHIGAN
DEQ

Certification of the Adequacy of the Michigan State Implementation Plan Infrastructure Applicable to the 2008 Ozone National Ambient Air Quality Standard, 2010 Nitrogen Dioxide National Ambient Air Quality Standard,

2010 Sulfur Dioxide National Ambient Air Quality Standard, and the 2012 Particulate Matter 2.5 National Ambient Air Quality Standard

Prepared by the

Michi gan Department of Environmental Quality Air Quality Division

July 10, 2014

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, with the addition of Federal Implementation Plans in effect to correct alleged SIP deficiencies related to Best Available Retrofit Technology (BART) for four facilities in the state, the current Michigan State Implementation Plan (SIP) contains the resources and authority to implement and satisfactorily complete the requirements set forth in Section 110 of the federal Clean Air Act (CAA) commonly referred to as the “Infrastructure SIP” for the 2010 Nitrogen Dioxide (NO 2 ) National Ambient Air Quality Standard (NAAQS), the 2010 Sulfur Dioxide (SO 2 ) NAAQS, t he 2008 Ozone NAAQS, and the 2012 Particular Matter 2.5 (PM 2.5 ) NAAQS. This document describes Michigan’s Infrastructure SIP for the above pollutants. The MDEQ is also requesting approval to add in Civil Service Rule 2

- 8.3(a)(1) to the Michigan SIP. This Rule requires certain employees to disclose potential conflicts of interest on an annual basis. We are requesting that the United States Environmental Protection Agency (USEPA) approve the rule as satisfying the general state board requirements under

Sec tion 128, as well as the applicable requirements of Section 110(a)(2)(E)(ii). 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. An opportunity for public comment and hearing was provided for this certification of SIP authority, in accordance with 40 CFR Part 51, Appendix V2.1(g), and 40 CFR Section 51.102.

Required Section 110 SIP Elements

The SIP elements indented below are excerpted from the USEPA guidance on Infrastructure SIPs. 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 beMichigan Infrastructure State Implementation Plan July 10, 2014

necessary or appropriate to meet the applicable requirements of this chapter.

In Part 55, Air Pollution Control, of the Michigan Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), MCL 324.5503 and 324.5512 provide the MDEQ Director the authority to regulate the discharge of air pollutants and to promulgate rules to establish standards for ambient air quality and emissions. R 336.1801 through R 336.1834 contain emission limits for oxides of nitrogen (NO

x ) s ources, R 336.1401 through R 336.1420

contain emission limits for SO 2 sources, and R 336.1301 through R 336.1374 contain emission limits for Particulate Matter (PM) sources. In addition, R 336.1601 through R 336.1661 contain

emission limits for Volatile Organic Compounds (VOCs) existing sources and R 336.1701 through R 336.1710 contain emission limits for VOC new sources, thus addressing Ozone precursor emissions. The MDEQ continues to monitor, update, and implement necessary and required

revisions to t he Michigan SIP in the form of emissions limits and other control measures in order to meet federal ambient air quality standards, including the 2010 NO 2 and SO 2 standards, the 2008 Ozone standards, and the 2012 PM 2.5 standards. Consistent with the USEPA’s guidance, this infrastructure SIP submittal does not identify nonattainment area emissions controls.

Section 110(a)(2)(B): Ambient air quality monitoring/data system Each such 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 (ii) upon request, make such data available to the Administrator.

MCL 324.5503 and MCL 324.5512 of Act 451 provide the MDEQ with the authority to promulgate rules to establish ambient air quality standards. Specifically, R 336.1101(j) defines “air quality standard” as used in MDEQ’s rules as the more restrictive of the NAAQS or an air contaminant level specified by the MDEQ.

In accordance with th e Michigan SIP, the MDEQ maintains a comprehensive network of state and tribal air quality monitors at USEPA

- approved locations throughout Michigan, with the primary objective being to determine compliance with the NAAQS. The MDEQ monitoring network is cap able of monitoring SO 2 , NO 2 , PM 2.5 , and Ozone at the revised NAAQS levels. The quality assured ambient air monitoring data is submitted to the USEPA Air Quality Subsystem as required by 40 CFR Section 51.320. The MDEQ submits network reviews to the

USEPA a nnually to ensure that its air monitoring operations comply with applicable federal requirements. The MDEQ most recently submitted a network review to the USEPA on July 1, 2014. In addition, the MDEQ coordinates with the USEPA to address any planned change s to monitoring sites.

Section 110(a)(2)(C): Programs for enforcement of control measures and for construction/modification of stationary sources Each such plan shall [...] include a program to provide for the enforcement of the measures described in subpa ragraph (A), and regulation of the 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.

Part 55, of Act 451, MCL 324.5501 through MCL 324.5542, gives the MDEQ the authority to enforce emission limitation and other control measures in air quality rules, permits, and orders. For example, MCL 324.5526 gives the MDEQ authority to inspect facilities at

2Michigan Infrastructure State Implementation Plan July 10, 2014

reasonable times upon the presentation of proper credentials. In addition, MCL 324.5530 authorizes the Michigan Attorney General to commence a civil action against a person for appropriate relief, including injunctive rel ief and a civil fine, for, among other things, any violation of Part 55, its rules, or a permit issued under Part 55. Other enforcement provisions are set forth in MCL 324.5515, MCL 324.5518, and MCL 324.5526 through MCL 324.5532.

Public Act 554 of 2012 ad ded Part 14 (MCL 324.1401 through 324.1429) to Act 451, establishing the Clean Corporate Citizen (C3) Program. A copy of Part 14 is available on the State of Michigan Web site, http://www.legislature.mi.gov/doc.aspx?2012

- SB

- 0939. Part 14

includes criteri a and procedures for becoming a C3 facility and identifies benefits to which C3 facilities are entitled upon request. The benefits listed in MCL 324.1421 and include the following:

1. The MDEQ shall give C3 facility operators at least 72 hours’ advance notice of any
routine inspection.

2. The MDEQ shall conduct routine inspections of C3 facilities half as frequently as the
inspections would be conducted for non

- C3 facilities; and

3. Unless it has been established by clear and convincing evidence that either the C3

f acility’s actions posed a significant endangerment to public health, safety, or welfare or the C3 facility’s violation was intentional or occurred as a result of the operator’s gross negligence, the C3 facility is not subject to a civil fine or violation o f state environmental requirements if the facility acted promptly to correct the violation after discovery and reported the violation to the MDEQ within 24 hours of discovery or within any shorter time period otherwise required by law.

MCL 324.1427, howev er, provides that Part 14 “shall not be construed in a manner that conflicts with or authorizes any violation of state or federal law or regulation.” Therefore, Part 14 does not restrict the MDEQs enforcement authority under Part 55. R 336.1201 through R 3 36.1209 subject emissions of NO

x , SO 2 , PM 2.5 , and Ozone precursors from minor sources and minor modifications at major sources (known as the minor source NSR program) to permit to install regulations. All of the above sources, unless exempt

under R 336.127 8 through R 336.1290, are subject to the minor source NSR program. To address the pre

- construction regulation of the modification and construction of minor stationary sources and minor modifications of major stationary sources, the USEPA approved Michigan’ s minor source NSR program on May 6, 1980 (45 FR 29790). The MDEQ is awaiting action by the USEPA on six sets of revisions to our minor NSR program SIP that were submitted to the
USEPA from 1993 to 2009. The MDEQ has ensured that new and modified sources not captured by the major source NSR permitting programs do not interfere with attainment and maintenance of the NAAQS through the application evaluation process. Michigan’s prevention of significant deterioration (PSD) program regulations, authorized

in M CL 324.5512, can be found at R 336.2801 through R 336.2823. The MDEQ submitted rule revisions on August 9, 2013, and September 19, 2013, for incorporation into the SIP to meet the applicable structural PSD requirements for infrastructure SIPs. The applicab le revisions include:

1. The explicit identification of NO

x as a precursor to Ozone per the Phase 2 Ozone Implementation Rule;

2. The explicit identification of NO

x and SO 2 as precursors to PM 2.5 per the 2008 NSR Rule;

3. The identification and regulation of PM 2 .5 and PM 10 condensables for applicability determinations and in establishing emissions limits per the 2008 Rule; and

4. The identification of the new PM 2.5 increments, the revised major source baseline date, trigger date, and baseline area level of signific ance for PM 2.5 per the 2010 NSR

Rule.

3Michigan Infrastructure State Implementation Plan July 10, 2014

We affirm that the MDEQ has both the legal and regulatory authority, as well as the resources, to permit Greenhouse Gas (GHG) emitting sources, as confirmed in correspondence to the USEPA dated July 27, 2010. All of the above provisions demonstrate that the MDEQ has met the applicable infrastructure SIP requirements related to PSD for Section 110(a)(2)(C), i.e., these regulations contain provisions that appropriately regulate construction of new or modified stationary sources consistent with Part C.

Section 110(a)(2)(D)(i): Interstate pollution transport Each such plan shall [...] contain adequate provisions 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 will

— (I) contribute significantly to nonattainment in, or interfere with

maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard , or (II) 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 or to protect visibility.

With respect to Section 110( a)(2)(D)(i)(I) of the CAA, which requires plans to have provisions prohibiting sources to emit air pollutants in amounts that would contribute significantly to nonattainment in, or interfere with maintenance by any other state, Michigan notes that Michigan is not subject to any finding of significant contribution to any other state’s attainment or maintenance at this time. Also, on January 20, 2012, the USEPA determined that no area in the country is in violation of the 2010 NO 2 NAAQS, thus Michigan’s NO 2 emissions cannot be significantly contributing to nonattainment of these NAAQS in any other state. As described in the section addressing the requirements of Section 110(a)(2)(C), the MDEQ has met all of the applicable infrastructure SIP requirements as they relate to PSD; i.e., the provisions that satisfy the requirements in Section 110(a)(2)(C) also s atisfy any applicable requirements contained in Section 110(a)(2)(D)(i)(I). In addition, the MDEQ’s nonattainment NSR regulations adequately address the obligation to ensure that sources in nonattainment areas do not interfere with a neighboring state’s PS D program. These rules can be found in R 336.2901 through R 336.2908 and were approved as part of Michigan’s SIP on June 20,

2008. Also, to protect visibility, effective October 30, 2013, the MDEQ has an approved regional haze SIP, with the exception of the BART requirements for four facilities. There are Federal Implementation Plans in affect to correct alleged SIP deficiencies related to BART for

these four facilities.

Section 110(a)(2)(D)(ii): Interstate pollution abatement and international air poll ution

Each such plan shall [...] contain adequate provisions insuring compliance with the applicable requirements of sections 126 and 115 of this title (relating to interstate and international pollution abatement).

The MDEQ’s approved PSD program, particu larly at R 336.2817, contains provisions required under Section 126(a) to notify neighboring states (and tribal nations) of potential impacts from a new or modified major source. Michigan has no other obligations under any other part of Section 126, i.e., no source(s) within the state of Michigan are subject to an active finding under Section 126 with respect to any of the NAAQS referenced in this rulemaking. Section 115 of the federal CAA relates to international pollution abatement. There are no

4Michigan Infrastructure State Implementation Plan July 10, 2014

findings under Section 115 of the CAA for the State of Michigan with respect to the particular
NAAQS at issue.

Section 110(a)(2)(E): Adequate resources and authority, conflict of interest, and oversight of local governments and regional agencies Each such 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 s uch purpose) will have adequate personnel, funding, and authority under State (and, as 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 portion thereof), (ii) requirements that the State comply with the requirements

respecting State boards under section 128 of this title, and (iii) necessary assurances that, where the State has relied on a

local or regional government, agency, or inst rumentality for the implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision.

The MDEQ SIP air program is funded through Section 105 and 103 grants and matching

funds via the State’s Ge neral Fund. These funding sources are expected to remain stable for the next five years and projected into the future. Act 451 and Executive Reorganization Order

2011

- 1 provide the MDEQ with the legal authority under state law to carry out the Michigan SIP

. The MDEQ retains the authority to adequately enforce the Michigan SIP. As discussed in the section addressing Section 110(a)(2)(C), Michigan’s PSD regulations provide the state with adequate resources to permit GHG sources. A copy of Executive Reorganiza tion Order 2011

- 1

can be found in Attachment A. Section 110(a)(2)(E)(ii) requires each SIP to contain provisions that comply with the state board requirements of Section 128 of the CAA. That provision contains two explicit requirements: (i) that any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and

enforcement o rders under this chapter, and (ii) that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. The authority to approve air permits and enforcement orders rests with the MDEQ Director and his designee under MCL 324.5503, MCL 324.301(b), Executive Order

No. 1995

- 18, and Delegation Letters from the MDEQ Director to the AQD Chief and various AQD supervisors. A copy of the Delegation Letters from the MDEQ Director to the AQD Chief and AQD supervisors can be found in Attachment A. To clarify, Michigan does not have a state board that approves permits or enforcement orders, so only the second requirement of Section 128 applies; i.e., the adequate disclosure of potentia l conflicts of interest. Civil Service Rule 2

- 8.3(a)(1) specifies that at least annually, an employee shall disclose to the employee’s appointing authority all personal or financial interests of the employee or members of the employee’s immediate family in any business or entity with which the employee has direct contact while performing official duties as a classified employee. By definition, in Civil Service Rule 1

- 9.1, the above

- named individuals at the MDEQ are subject to this rule. The MDEQ requests th at Civil Service Rule 2

- 8.3(a)(1) be incorporated into the SIP

5Michigan Infrastructure State Implementation Plan July 10, 2014

as meeting the general requirements of Section 128 of the CAA. As the state board requirements of Section 128 are not NAAQS specific, we also request that this rule meets the applicable infrast ructure SIP requirements found in Section 110(a)(2)(E)(ii) for the NAAQS referenced in this rulemaking as well as any other infrastructure SIP submittals for which USEPA has yet to take final action, e.g., the 2006 PM 2.5 NAAQS and the 2008 Lead NAAQS.

A c opy of Civil Service Rule 2

- 8.3(a)(1) can be found in Attachment B.

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 reports on the nature and amounts of emissions an d

emissions

- related data from such sources, and (iii) correlation of such reports by the State agency with any

emission limitations or standards established pursuant to this chapter, which reports shall be available at reasonable times for public inspecti on.

Under the authority of MCL 324.5512 and MCL 324.5503 of Act 451, the MDEQ implements a stationary source monitoring and reporting program. The MDEQ requires stationary source performance testing, sampling, and reporting as provided in R 336.2001

throu gh R 336.2199 and as conditions of NSR permits. R 336.2101 through R 336.2199 provides requirements for continuous emissions monitoring (CEM), and R 336.201 through R 336.202 requires annual reporting of emissions, as required in 40 CFR Section 51.211,

4 0 CFR Sections 51.321 through 51.323, and 40 CFR Part 51, Subpart A. In addition, MDEQ compliance and enforcement personnel provide follow up on stack tests and CEMs that indicate

violations. The emissions data is compiled and submitted to the USEPA Natio nal Emissions Inventory system in accordance with USEPA regulations at 40 CFR Part 51, Subparts A and Q. There is no provision in the Michigan SIP preventing the use of credible data in these submissions to the USEPA. State air permits and reported emissio ns are available to the public by request and online at www.michigan.gov/deqair.

Section 110(a)(2)(G): Emergency episodes Each such plan shall [...] provide for authority comparable to that in section 7603 of this title and adequate contingency plans to implement such authority.

MCL 324.5518 of Act 451 provides authority for the MDEQ to require the immediate discontinuation of air contaminant discharges that constitute an imminent and substantial endangerment to public health, safety, or welfare or to the environment. MCL 324.5530 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, and involve public health officials. Enforcement actions have also been pursued. The MDEQ has adequate authority and resources to immediately address any

NO 2 , SO 2 , PM 2.5 , or Ozone emergency episodes. The MDEQ requests exemption from the contingency plan r equirements, under

40 CFR Section 51.152(d), for all areas in the state because they are designated attainment, unclassifiable, or a Priority III region, with the exception of the Metropolitan Detroit

- Port Huron

6Michigan Infrastructure State Implementation Plan July 10, 2014

Area for SO 2 . The MDEQ will submit continge ncy plans for this area in our SO 2 Attainment

Demonstration SIP submittal in 2015.

Section 110(a)(2)(H): 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 s uch 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 inform ation 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.

MCL 324.5512 and MCL 324.5503 of Act 451 provide authority to the MDEQ to promulgate rules for controlling or prohibiting air pollution, complying with the federal CAA, and establishing suitable emission standards consistent with NAAQS established by the USEPA. Further, under MCL 324.5503 of Act 451, the MDEQ is the agency in Michigan designated to cooperate with the USEPA, including by respond to the USEPA findings of inadequacy regarding the Michigan SIP and the air quality program.

Section 110(a)(2)(I): Plan revisions for nonattainment areas 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 D of this subchapter (relating to nonattainment areas).

The MDEQ will submit NO 2 , SO 2 , PM 2.5 , and Ozone nonattainment SIP plans on the schedule set out in Part D of the CAA, as required.

Section 110(a)(2)(J): Consultation with government officials, public notification, and PSD and visibility protection Each such plan shall [...] meet the applicable requirements of section 121 of this title (relating to consultation), section 127 of this title (relating to public notification), and part C of this subchapter (relating to prevention of significant deterioration of air quality and vis ibility protection).

The MDEQ consults with stakeholders from local governments, the business community, community groups, Federal Land Managers and Tribal Nations during rule development, SIP planning, and permit issuance. Federal Land Managers are provi ded with notification of permit applications that may impact air quality and visibility in Class I areas, as required by R 336.2816. MCL 324.5503 designates the MDEQ as the Michigan agency to cooperate with appropriate agencies of the federal government, o ther states, or interstate and international agencies on air pollution control activities. The MDEQ is also an active member of the Lake Michigan Air Directors Consortium, which involves state and local governments, businesses, and community groups in the Lake Michigan area in air quality planning activities. Formal Memorandums of Understanding have been developed for processes involving transportation conformity and regional planning with state and local governments. Also, draft permits and

consent orders are subjected to the public participation process specified in MCL 324.5511(3). Under R 336.2817, the MDEQ seeks comments on PSD applications from the public in the area near the proposed source, other state and local air pollution control agencies, chief

7Michigan Infrastructure State Implementation Plan July 10, 2014

executives of cities and counties, regional land use planning agencies, Federal Land Managers, and nearby states or tribal governing bodies whose land may be affected. The MDEQ has a

USEPA

- approved PSD program, which includes all regulated pollutants, and is previously addressed above. Insofar as those provisions satisfy the applicable requirements of those Sections, the MDEQ intends the same provisions to satisfy the applicable requirements of this

Section. The MDEQ notifies the public if NAAQSs are excee ded, of any public health hazards associated with those exceedances, and to enhance public awareness of air quality issues through CleanAirAction!, AirNow, and EnviroFlash programs. The MDEQ also posts current air quality concentrations on the MDEQ Web sit e to enhance public awareness of air quality. On an annual basis, the MDEQ publishes an air quality report that describes the air monitoring data collected the previous calendar year and compares it to the NAAQS. The visibility sub

- element of Element J is not being addressed in this SIP submittal, and in accordance with the USEPA's interpretation of the CAA, addressing this element is not required.

Section 110(a)(2)(K): Air quality modeling and submission of 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.

Through R 336.1240 and R 336.1241, the MDEQ conducts modeling to evaluate proposed sources under the PSD and minor NSR programs . The MDEQ also performs modeling to support SIP development and has the capability to perform source

- oriented dispersion modeling with AERMOD to assess pollutant impacts. This modeling includes predicting the effect the source will have on ambient air qua lity for all NAAQS and is conducted in accordance with the USEPA modeling guidelines in 40 CFR Part 51, Appendix W. The MDEQ, under MCL 324.5503 of Act 451, is the agency in Michigan designated to work with the USEPA and submit any requested modeling data to the USEPA. The MDEQ does submit, upon request, modeling data to the USEPA or other interested parties.

Section 110(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 court 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 V of this chapter.

The MDEQ collects permitting fees under its USEPA

- approved Title V program. Section 324.5522 of Act 451 confers upon MDEQ the authority to levy and collect an annual air

q uality fee from owners or operators of each fee

- subject facility in Michigan as defined in

MCL 324.5501

. 8Michigan Infrastructure State Implementation Plan July 10, 2014

Section 110(a)(2)(M): Consultation/participation by affected local entities Each such plan shall [...] provide for consultation and participation by

lo cal political subdivisions affected by the plan.

The MDEQ regularly involves local political subdivisions in attainment planning and

decision

- making as stated above in this Section. The MDEQ actively participates in planning forums with regional governmen t planning organizations and establishes stakeholder workgroups in development of rules addressing air pollution. Public comment periods, and hearings if requested, are held for all proposed revisions to the Michigan SIP, as required by 40 CFR, Part 51. P romulgation of 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.

9