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, MDEQ 
Dan 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 1995-18, 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

Michigan 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 (NO2) 

National Ambient Air Quality Standard (NAAQS), the 2010 Sulfur Dioxide (SO2) NAAQS, the 

2008 Ozone NAAQS, and the 2012 Particular Matter 2.5 (PM2.5) 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 

Section 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 be 
Michigan 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 (NOx) sources, R 336.1401 through R 336.1420 

contain emission limits for SO2 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 the Michigan SIP in the form of emissions limits and other control measures in order 

to meet federal ambient air quality standards, including the 2010 NO2 and SO2 standards, the 

2008 Ozone standards, and the 2012 PM2.5 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 the 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 capable of monitoring SO2, NO2, PM2.5, 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 annually 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 changes 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 subparagraph (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 

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Michigan 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 relief 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 added 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 criteria 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 

facility’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 of 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, however, 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 336.1209 subject emissions of NOx, SO2, PM2.5, 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 336.1278 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 MCL 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 applicable revisions include: 

1. The explicit identification of NOx as a precursor to Ozone per the Phase 2 Ozone 

Implementation Rule;

2. The explicit identification of NOx and SO2 as precursors to PM2.5 per the 2008 NSR 

Rule; 

3. The identification and regulation of PM2.5 and PM10 condensables for applicability 

determinations and in establishing emissions limits per the 2008 Rule; and 

4. The identification of the new PM2.5 increments, the revised major source baseline 

date, trigger date, and baseline area level of significance for PM2.5 per the 2010 NSR 

Rule. 

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Michigan 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 NO2 NAAQS, thus Michigan’s NO2 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 satisfy 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 PSD 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 

pollution

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, particularly 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 

4
Michigan 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 such 

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 instrumentality 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 General 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 Reorganization 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 orders 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 

potential 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 that Civil Service Rule 2-8.3(a)(1) be incorporated into the SIP 

5
Michigan 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 infrastructure 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 PM2.5 NAAQS and the 2008 Lead NAAQS.

A copy 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 and 

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 inspection.

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 

through 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, 

40 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 National 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 emissions 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 

NO2, SO2, PM2.5, or Ozone emergency episodes.

The MDEQ requests exemption from the contingency plan requirements, 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 

6
Michigan Infrastructure State Implementation Plan July 10, 2014

Area for SO2. The MDEQ will submit contingency plans for this area in our SO2 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 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.

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 NO2, SO2, PM2.5, 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 visibility 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 provided 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, other 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

7
Michigan 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 exceeded, 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 site 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 quality 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

quality fee from owners or operators of each fee-subject facility in Michigan as defined in 

MCL 324.5501.

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Michigan 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 

local 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 government 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. Promulgation 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.

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