Programs (CSAPR, Greenhouse Gases, State Plans, Conformity, etc.)

Contact: Robert Irvine, 517-648-7367
Agency: Environment, Great Lakes, and Energy

Greenhouse Gases and CO2

Greenhouse gases (GHGs) are produced in a wide variety of ways, many of which occur in Michigan.

State Plans / Delegations / 111(d)

The Clean Air Act Sections 129 and 111(d) allow Michigan to seek delegation of enforcement and implementation from USEPA over certain emission guidelines through approved State Plans. Michigan has created state plans or submitted negative declarations for the following sources:

Mobile Sources (General and Transportation Conformity)

Mobile engines burn fuel and generate air pollution through combustion or evaporation that impacts the air we breathe. Key pollutants produced include carbon monoxide, hydrocarbons, nitrogen oxides, particulate matter, air toxics (including diesel exhaust), and greenhouse gases. The US government is responsible for regulating mobile sources. The Air Quality Division (AQD) encourages public awareness and promotes emission reductions through clean air choices.

Transportation Planning

Under the 1990 Clean Air Act Amendments, the US Department of Transportation cannot fund, authorize, or approve federal actions to support programs or projects which are not first found to conform to the Clean Air Act requirements. Transportation conformity applies to transportation plans, transportation improvement programs, and projects funded or approved by Federal Highway Administration (FHWA) or Federal Transit Administration (FTA) in areas that do not meet National Ambient Air Quality Standards (NAAQS) (non-attainment areas) or have not met them in the past (maintenance areas). It ensures that federal funding and approval are awarded only to projects that attain the NAAQS for ozone, carbon monoxide, particulate matter, and nitrogen dioxide. The FHWA and the FTA jointly make transportation conformity determinations.

The Congestion Mitigation and Air Quality Improvement (CMAQ) Program is jointly administered by the FHWA and FTA. It provides funding to state and local agencies, and to transportation planning organizations, to invest in projects that both contribute to air quality improvements and congestion relief. CMAQ is funded by the Moving Ahead for Progress in the 21st Century Act (MAP-21) signed into law in July 2012. The AQD is part of a collaborative effort along with MDOT, the USEPA, and the FHWA.

General Conformity

General conformity applies to all federal actions including funding, licensing, permitting, and approval (except for FHWA/FTA projects defined in 40 CFR 93.101) in areas deemed non-attainment or maintenance for any of the NAAQS criteria pollutants (ozone, carbon monoxide, particulate matter, nitrogen dioxide, lead, and sulfur dioxide). For example, general conformity applies to the majority of airport activities (construction, additions) funded by federal monies. Like transportation conformity, general conformity ensures that actions slated for completion will not cause additional, worsen existing, or contribute to new violations of the NAAQS or lead to a delay in reaching attainment.

Mobile Sources / Fuels

Regional Haze

In July 1999, the US Environmental Protection Agency (USEPA) published regulations to address visibility impairment in our nation's largest national parks and wilderness (Class I) areas. This rule was commonly known as the "Regional Haze Rule" (64 Federal Register 35714 - July, 1999) and is found in 40 CFR Part 51, Sections 51.300 through 51.309. On July 6, 2005, USEPA published a revised final rule, including Appendix Y to 40 CFR part 51, "Guidelines for BART Determinations Under the Regional Haze Rule." Under the USEPA Regional Haze Rule, certain emission sources "that may reasonably be anticipated to cause or contribute" to visibility impairment in downwind Class I areas are required to install Best Available Retrofit Technology (BART). The rule also requires affected states to demonstrate reasonable progress towards reaching natural background conditions by 2064. The first progress goal is 2018.

Within its boundary, Michigan has two Class I areas: Isle Royale National Park and Seney Wilderness Area. Michigan responded to the USEPA requirement and submitted a Regional Haze State Implementation Plan (SIP) in 2010.

The second round of the Regional Haze program is underway and addresses the time period from 2018-2028. USEPA published an updated guidance document in 2019 that is available at the USEPA Regional Haze link below. The Air Quality Division is in the process of identifying sources that may cause or contribute to visibility impairment in these areas and determining whether additional emission controls are necessary. The SIP must also include a demonstration of reasonable progress toward reaching the second incremental progress goal (2028) for each of the state's Class I areas. The SIP is scheduled to be completed and receive public comment in early 2021 and be submitted to USEPA in the summer of 2021.

Emission Trading / Transport Programs (Acid Rain, CSAPR, NOx SIP Call)

Emission Trading

Federally mandated clean air market programs include various market-based regulatory programs designed to improve air quality by reducing outdoor concentrations of fine particles, sulfur dioxide, and nitrogen oxides. The Federal Clean Air Rules are a suite of actions intended to dramatically improve America's air quality. These rules specifically address the transport of pollution across state borders. These rules provide national tools to achieve significant improvement in air quality and the associated benefits of improved health, longevity, and quality of life for all Americans.

Cross-State Air Pollution Rule (CSAPR)

The CSAPR program was created to replace the Clean Air Interstate Rule (CAIR). It is a frequent subject of lawsuits within the court system, but is the current relevant interstate transport rule.

NOx SIP Call

The NOx SIP Call was previously addressed through CAIR, but with differences in CSAPR, some obligations must be met by non-electrical generating units (non-EGUs). EGUs are expected tobe addressed through the CSAPR program. Information on the NOx SIP Call is available via the Michigan Air Permit System.

Acid Rain

Information on the Acid Rain program is available via the Michigan Air Permit System.