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Note: Special Reports are updated periodically here; but are
updated and reported on Updated: November 27, 2006 [partial update only] Click Here
for details on WIMS Information Service Products Michigan Ozone - PM Area Designations Key Links
Some Articles From WIMS Daily
Note: Some links below
may become inactive over time.
EPA To Redesignate
11 Counties For Ozone Attainment - Nov 27,
2006: EPA proposed to redesignate Kent and Ottawa counties
in the Grand Rapids area; Calhoun, Kalamazoo and Van Buren
counties in the Kalamazoo-Battle Creek area; Clinton, Eaton
and Ingham counties in the East Lansing area; and Benzie,
Huron and Mason counties. Access an EPA release (click
here).
EPA Okays SE Mich Ozone Reclassification - Sep 16: The MDEQ and the Southeast Michigan Council of Governments (SEMCOG) hailed the U.S. EPA announcement that grants their request to reclassify Southeast Michigan to a "marginal non-attainment area" for ozone air pollution from a "moderate non-attainment area." They said the decision would give Michigan more flexibility to improve air quality in keeping with national standards. The reclassification impacts the eight-county Southeast Michigan ozone non-attainment region of Wayne, Oakland, Macomb, St. Clair, Livingston, Washtenaw, Monroe, and Lenawee Counties. According to an MDEQ release the reclassification is a result of a strong partnership between MDEQ and SEMCOG, with support from the entire Michigan Congressional delegation, and the leadership of many in both the public and private sector. The strategies to achieve cleaner air will be identified by June 2005, and MDEQ and SEMCOG will seek adoption of laws and rules necessary to implement the plan by June 2006. The added flexibility provides the region the ability to evaluate options and select measures that are more effective at reducing air pollution at a lower cost. Areas classified as moderate are not granted this flexibility, and must implement EPA prescribed programs. As recently as September 10, MDEQ made a supplemental submittal (original submittal July 15, 2004) of additional information supporting their "marginal" designation request. Access a release (click here). Access the September 10, MDEQ submittal (click here). Access MDEQ's Attainment / Nonattainment Information website for additional information (click here).
EPA Grants Ozone
Reclassification To Three MI Areas - Sep 16: While
the MDEQ issued a news release focusing on U.S. EPA's Ozone
Reclassification for Southeast Michigan (See article above,
and National article), U.S. Senators Debbie Stabenow and Carl
Levin issued a release in response to an announcement by U.S.
EPA Administration Mike Leavitt that the air quality
classifications of three Michigan regions had been reduced.
The Senators said that reducing the classification means the
areas are expected to achieve clean air sooner, and it also
means the areas are subject to fewer mandatory emission
control requirements. The affected areas are Cass County,
Muskegon County, and the Detroit area. Stabenow said, “We are
very pleased the EPA has responded to our repeated requests to
adjust the air quality classification of these three areas of
Michigan. It remains my goal that Michigan be treated fairly
under these national ozone standards.” Levin said, "This long
overdue decision is a sensible compromise and conclusion that
will contribute to cleaner air without imposing unnecessary
burdens on our communities." The EPA action was part of a
reclassification of nine areas nationwide of the recently
identified 8-hour ozone nonattainment areas from "moderate" to
the next lower classification -- "marginal". Reclassifying a
nonattainment area to a lower classification means that the
area is expected to achieve clean air sooner. Moderate areas
must attain national air quality standards for 8-hour ozone no
later than June 2010. Marginal areas must attain no later than
June 2007. Access the Stabenow/Levin announcement (click
here). Access EPA's Ozone Reclassification Requests
website for an overview and links to a fact sheet and the
specific State and Federal correspondence regarding the
reclassifications for all areas (click
here). Access MDEQ's Attainment / Nonattainment
Information website for additional information (click
here).
MDEQ Objects To EPA PM2.5
Designations - Sep 1: In a letter an analysis submitted to
U.S. EPA, MDEQ Director Steve Chester says that making a widespread,
7-county nonattainment designation for particulate matter 2.5
microns or less in diameter (PM 2.5) in southeast Michigan is
"inappropriate from a regulatory perspective and misleading from a
public health perspective." MDEQ recommended in a February 13, 2004,
submittal to EPA that only Wayne and Monroe counties be designated
as nonttainment for PM2.5. EPA responded on June 29, 2004, with its
recommendation for the more expansive designation. Chester said,
"The monitoring data is conclusive. Most monitors intended to gauge
attainment status are measuring attainment... Nothing is gained by
lumping in counties where monitors record attainment." Access the
MDEQ September 1, 2004 letter (click
here). Access MDEQ's Attainment/Nonattainment website for
complete information (click
here).
MI Requests "Bump Down" For EPA Ozone Designations - Jul 15: Michigan has officially requested that U.S. EPA adjust ("bump-down") the classification for the Detroit-Ann Arbor (Southeast Michigan) and in West Michigan for Cass and Muskegon counties for the ozone notattainment areas from "moderate" to "marginal." In two, letters (including analysis) dated July 15, 2004, MDEQ Director Steven Chester told EPA that for Southeast, "A marginal classification is more appropriate as it provides greater flexibility in ozone reductions strategy selection, and more importantly, it commits the regions to attain the ozone standard quicker. . . Granting this classification adjustment request will provide the flexibility necessary to effectively achieve compliance. Additionally, because the attainment deadline for marginal areas is three years earlier than for moderate areas, an adjustmen twill be beneficial for the environment as well as the economic climate..." For the West Michigan counties he said, "The classification adjustment to marginal for these two counties is appropriate. In addition to the levels of local contribution to nonattainment, it is also appropriate in terms of equity relative to the requirements under the Clean Air Act applied to adjacent communities, all of which are either attainment or Subpart 1/Basic counties." Access the letter for Southeast Michigan (click here). Access the letter for the West Michigan counties (click here). Access MDEQ's Attainment/Nonattainment Information website for complete details and background (click here). Michigan Notified Of PM2.5 Nonattainment Areas - Jun 29, 2004: U.S. EPA officially notified Michigan of the areas within the State where EPA believes the new, more protective health standards for fine particles -- PM2.5 standards -- are not being met. States with areas designated as "nonattainment" do not meet the new standard or contribute to pollution in a nearby area that does not meet the standards. In mid-February 2004, Michigan and other states and tribes submitted their own recommended PM 2.5 area designations to EPA and EPA is now responding with its review and, revised recommendations. EPA will issue final designations of counties attainment or nonattainment of the PM2.5 standard in November 2004, after the State has had an opportunity to comment on the Agency's proposals. In Michigan, MDEQ had recommended only Monroe and Wayne counties be given the nonattainment designation; however, EPA recommended that Livingston, Macomb, Oakland, St. Clair and Washtenaw also be added.
In a letter to Governor Granholm, EPA said they
agreed with the Michigan designations of Wayne and Monroe counties where
"there are violating monitors. . . However, based upon our nine-factor
analysis, EPA believes that in addition to Monroe and Wayne counties, the
Detroit nonattainment area should also include Livingston, Macomb,
Oakland, St. Clair, and Washtenaw
counties as one contiguous area. These counties have
significant emissions and the population, population density, and vehicle
miles traveled (VMT) are at sufficient levels to be
part of the designated area. This is consistent with the national approach
of capturing the majority of emissions and
population in a metropolitan area. Genesee, Lapeer, and Lenawee counties
are
also in the Metropolitan area but were excluded upon
review of the 9 factors." In the lengthy 12-page letter that includes the
9 factor analysis, EPA said, it "disagrees with Michigan’s analysis" and
"Michigan has not provided a convincing demonstration that EPA’s
presumption and the underlying understanding of the nature of PM2.5
is invalid or inapplicable to the Detroit area."
Michigan had also requested that Wayne and
Monroe Counties each be treated as "single county" nonattainment areas,
however, EPA said, "Michigan has not justified a conclusion that either of
these counties may be considered single county nonattainment areas. While
Monroe County may sometimes be considered part of the Toledo area (along
with Lucas
and Wood Counties, Ohio), particularly when winds
are from the south, on such occasions Monroe County also contributes to
violations in Wayne County."
Access complete
information on the latest designations on EPA's Fine Particle (PM 2.5)
Designations website (click
here).
Access EPA's specific Michigan 12-page letter (click
here).
Access Michigan's 25-page recommendation letter of February 13, 2004 (click
here).
MI NOx Budget Permits Overview -
May 27: MDEQ Air Quality Division (AQD) has developed an
information website explaining the Michigan NOx Budget Permits.
U.S. EPA's “NOx SIP Call” required Michigan to put regulations in
place to address the regional transport of ground-level ozone by
reducing emissions of oxides of nitrogen, commonly known as NOx.
These compounds are precursors to ozone formation. To comply,
Michigan promulgated Rules 802-816, which create a NOx budget
allocation and trading program for electric-generating units and
“large affected units.” Rule 808 requires subject sources to
apply for a NOx Budget permit and requires MDEQ AQS to issue the
initial permits by May 31, 2004. A NOx Budget permit requires the
subject units to meet the federal monitoring, testing and
reporting requirements, as well as the emission allocations in the
facility's state and federal account. The source must submit
compliance certification reports at the end of each ozone control
period. All NOx Budget permits will be given a specific permit
number using the protocol of MI-NOx-{ORIS number}-{year of
issuance}. NOx Budget permits must also be issued and renewed in
keeping with the Renewable Operating Permit (ROP) program
procedures. Access the AQD website which includes links to details
of the NOx (Oxides of Nitrogen) Program; all current NOx Budget
Permit actions; a list of all sources subject to Michigan's NOx
Budget Permit program; a February 9, 2004, letter to all subject
sources; how to update an ROP application to address the NOx
Budget permit; and the NOx Budget Permit application form (click
here).
Governor Kicks-Off 2004 Ozone Action! Season - May 3: Governor Granholm and MDEQ Director Steven Chester announced the kick-off of the 2004 Ozone Action! season. The official start of the Ozone Action season is May 1 and runs through September. Ozone Action! is the voluntary pollution reduction program that encourages people to make no-cost or low-cost clean air choices; especially on those days when poor air quality is anticipated due to ground-level ozone. A partnership between Michigan Clean Air Coalitions and the MDEQ Air Quality Division began more than 10 summers ago when several areas of the state were struggling to meet the one-hour ozone standard. Southeast Michigan Council of Governments staffer Chuck Hersey suggested creation of a program to encourage voluntary emission reductions. The Ozone Action! Program continues to announce when poor air quality is expected. However, the recently enacted 8-hour ozone standard lowered the bar. The new 8-hour standard is more stringent, and more protective of human health. Since 1998, Ozone Action! Days are forecast based on the new 8-hour ozone daily health indicator. Ozone Action days are announced when weather conditions are likely to combine with pollution to create elevated amounts of ground-level ozone, a threat to human health and the environment. On such days individuals are requested to take various voluntary actions such as: Refuel vehicles, lawn equipment, and gas cans carefully; Combine trips or consider car and van pools or public transit for commuting; or delay lawn mowing. SEMCOG explains that, "Individually, our cars, lawnmowers, and refueling habits are not the main culprits in pollution. Cumulatively, however, these activities are both responsible for ozone-forming emissions and capable of preventing such pollution. Automobile use is a good example of how much we pollute and how much we can reduce pollution. Combined travel in Southeast Michigan adds up to more than 120 million miles per day and a huge amount of emissions. If Southeast Michigan reduced its automobile use by just 20 percent, we could eliminate more than 100 tons of ozone-forming pollutants from the air on every Ozone Action day." Access a release (click here). Access the MDEQ Ozone Action Days website (click here). Access the Clean Air Coalitions in West and Southeast Michigan. 8-Hour Ozone Maps and Data - Apr 27: MDEQ Air Quality Division has posted maps and data depicting attainment and nonattainment classifications and designations in Michigan for the 8-hour ozone standard effective June 15, 2004, per U.S. EPA action on April 15, 2004. The maps include: 8-hour Ozone Classifications June 15, 2004; 8-hour Ozone Designations June 15, 2004; and 8-Hour Ozone Counties June 15, 2004. Access links to the maps and data (click here). Access more information and a national listing of EPA's designations of state and tribal areas at (click here). EPA Designates Ozone
Nonattainment Areas - Apr 15,: Thirty-one governors were
informed by letters from U.S. EPA that areas of their states do not meet new
health standards for ground-level ozone. Part or all of 474 counties
nationwide are in nonattainment for either failing to meet the 8-hour ozone
standard or for causing a downwind county to fail to meet the standard. EPA
emphasized that the vast majority of counties, 2,668 in all, meet the new
standards. However, some 159 million people live in the areas that do not
meet the new ozone standard. EPA noted that there are no nonattainment areas
in the northwest or in many of the Great Plains, Rocky Mountain and Great
Basin states. They said the entire population in Iowa, Minnesota, Florida,
Mississippi, Vermont, Hawaii and Alaska are breathing air that meets the new
standard. EPA also issued a new rule classifying areas by the severity of
their ozone conditions and establishing the deadline for state and local
governments to meet reduce ozone levels. Once designations and
classifications take effect on June 15, 2004, states and communities must
prepare a plan to reduce ground-level ozone. Measures that states and
localities may be required to take to control ozone pollution may include
stricter controls on emissions from industrial facilities, additional
planning requirements for transportation sources or other programs like
gasoline vapor recovery controls. EPA said it plans to work with states and
local governments to help develop innovative approaches to meeting the new
standard. EPA pointed out that a "nonattainment designation does not mean
that an area must curb its growth nor does it mean the loss of highway funds
– two common myths associated with ozone designation." The 8-hour ozone
standard issued in 1997, 0.08 parts per million (ppm), averaged over eight
hours, replaces the 1-hour standard that has been in place since
1979. Deadlines for meeting the 8-hour ozone standard range from 2007 to
2021, depending on the severity of an area's ozone problem. Thirty areas
have voluntarily entered into Early Action Compacts (EACs) in 2002, agreeing
to have a plan in place to reduce air pollution about two years sooner than
required by the Clean Air Act. Access complete information on the new rules
including the final implementation rule, fact sheet, FAQs, press release,
maps, sample requirements and the Clean Air Rules of 2004 (click
here). Access further information on EACs (click
here). Access the Michigan state announcements from EPA's Region 5 (click
here).
Q&A On Ozone & NSR
-
Mar 1,
2004: MDEQ Air Quality Division has updated its 3-page
document, entitled,
Ozone
Nonattainment Implementation and New Source Review, Question
and Answer Document.
The original document was a draft dated February 9, 2004.
Among other items the document indicates that U.S. EPA will
finalize the ozone 8-hour standard designations by April 15,
2004 and publish the designations in
the Federal Register. The designations
will be effective within 30 days after publication and it is
anticipated the new ozone 8-hour nonattainment designations
will be effective by May 30, 2004. The document also indicates
that permits issued in newly designated counties on and after
the effective date (30 days after publication in the Federal
Register)
will be subject to nonattainment requirements. EPA Suggests Ozone Nonattainment Areas - Dec 4, 2003: Areas that U.S. EPA believes should be required to reduce emissions to meet new ground-level ozone health standards were identified in letters sent to states and tribal nations today. The EPA letters indicate whether the Agency agrees with their suggested boundaries for attainment and nonattainment areas for the national 8-hour ozone standard. Administrator Mike Leavitt said, "Our goal is clean, safe air for every American to breath. We are developing a suite of clean air controls that will help the states and tribes meet these important new health standards." The letters are part of a formal designation process that began in July, when states and tribes sent updated nonattainment and attainment area boundary recommendations to EPA. The process plays an important role in letting the public know whether air quality in a given area is healthy. EPA issued the 8-hour ozone standard in 1997, based on information demonstrating that the 1-hour standard was inadequate for protecting public health. The new standard is based on 8-hour averages of ozone levels, which reflects a what EPA said was a "more realistic measure of people's exposure and is more protective of public health." EPA is scheduled to make final designations by April 15, 2004. Access an EPA release (click here). Access the state/tribal recommendations and EPA response letters (click here). EPA Modifies MI Ozone Nonattainment Areas - Dec. 4: As part of a nation-wide effort U.S. EPA has indicated to states and tribes the areas it believes should be required to reduce emissions to meet new 8-hour ground-level ozone health standard. The EPA recommendations were identified in letters sent to states and tribal nations announced on December 4 and dated December 3 (see related national article above). For Michigan, EPA has suggested modifications of the previously submitted State recommendations. According to the letter sent to Michigan, EPA said, "Toadvance this process, please submit your final 2003 monitoring data into the Air Quality System as quickly as possible, if it has not already been done. In addition, please submit the 8-hour and 1-hour ozone design values and the average expected 1-hour exceedance rate to Stephen Rothblatt, of my staff, by official letter by, December 17, 2003." The letter also indicates that if Michigan would like to provide additional information they must do it by February 6, 2004. Access the Region 5 Recommendations & EPA Responses website with links to the specific letter for Michigan's 2000 & 2003 recommendations, and the Region's December 3 response (click here). See related national links in article above. EPA To Recommend Ozone Nonattainment Areas - Dec 2: According to a release from Environmental Defense, U.S. EPA announced in a briefing that on December 4 it will recommended that hundreds of counties nationwide be declared out of compliance with the Federal health-based standard for ground-level ozone (smog). The action is required under a court-ordered settlement with Environmental Defense, the American Lung Association, and other groups. The groups say that available data indicate that over 170 million Americans live in areas with smog concentrations that harm public health and the environment. Environmental Defense said, "Once final, EPA's declaration of areas violating the health-based standard for ozone will require affected states to adopt control measures to abate the harmful pollution levels. Cost-effective strategies to lower ozone-forming pollution include cleaner fuels, cutting smog-forming pollution from power plants and various industrial sources, and pollution retrofit programs for large diesel trucks, buses and construction equipment." States and Tribes submitted their 8-hour ozone standard nonattainment areas by July 15, 2003; and EPA is required to make final designations by April 15, 2004. Access a release (click here). Access further information on State and Tribal recommendations (click here). Comment Extension On Classifying Ozone Areas - Oct 15, 2003: U.S. EPA has signed and issued a notice reopening the public comment period on its proposed rule to implement the 8-hour ozone standard. The Agency will take comment on two additional approaches for classifying nonattainment areas. The portion of the rule proposed in May 2003 is not open for comment at this time. The brief comment period will close 15 days after this notice is published in the Federal Register (expected soon). The Proposed Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS or standard) was published on June 2, 2003 (68 FR 32802). The comment period on the proposed rule originally closed on August 1, 2003. Based on comments received on the proposed rule, EPA is reconsidering how to classify areas and is giving the public the opportunity to comment on two alternative strategies for classifying areas. EPA adapted several of the commenters’ suggestions and sets forth two new possible approaches for classifying areas. Access a fact sheet (click here, pdf). Access the pre-publication extension notice (click here). Access background information documents (click here). MDEQ Informs Legislators & Governments Of Ozone Designations - Jun 30, 2003: MDEQrecently briefed some Legislators and sent information to government officials in West Michigan and Mid-Michigan regarding Designation Recommendations For the 8-Hour Ozone Standard. According to a briefing paper, State designation recommendations of attainment and nonattainment for the new 8-hour ozone standard are due to the United States Environmental Protection Agency (EPA) by July 15, 2003. The EPA will make final designations by April 15, 2004. West Michigan has a unique ozone situation. Ozone levels in West Michigan are overwhelmingly influenced by contributions from upwind communities in other states. The impacts on economic development and transportation systems in nonattainment communities that can result from additional pollution air reduction mandates are an important consideration. Representatives of potentially affected communities should be informed of the designation process and the probable air pollution reduction requirements. MDEQ indicates in a letter to West & Mid-Michigan legislators that it will soon be responding to a the EPA request for air quality designation and boundary recommendations for the new 8-hour ozone standard. A designation of nonattainment indicates that there is more ozone air pollution in the area than allowed by the health-based standard. States will be required to adopt legally enforceable plans to reduce ozone pollution levels in areas designated nonattainment. There is still a great deal of uncertainty about the specific legal requirement for nonattainment areas, as key decisions have not yet been made by the EPA. Link to the Director's letter to Legislators, an MDEQ Briefing Paper and MDEQ maps indicating potential nonattainment areas and recommended designations below.
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