Air Permitting and Climate Change

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Air Permitting and Climate Change

• Lynn Fiedler
• MDEQ
• July 31, 2008

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Air Quality Division Overview
Regulatory Authority
Clean Air Act Part 55, of the Natural Resources
and Environmental Protection Act Michigan Air
Pollution Control Rules
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Air Quality Division Overview
Air Quality Division
Field Operations
Enforcement
Evaluation
Permits
Toxics Air Monitoring Rule Implementation
Evaluate Permit Applications
Conduct Inspections Determine Compliance
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Air Quality Division Overview

• Permit To Install (PTI)
• Operates As Contract
• Contains Emission and Material Limits, Operation
  and Design Restrictions
• Contains Monitoring/Recordkeeping, Testing
  Sampling, and Reporting Requirements
• Allows Facility to Begin Construction or
  Installation
• Major Sources Must Also Obtain a Renewable
  Operating Permit (ROP)

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Air Quality Division Overview

• What is Reviewed When Making a Permit Decision?
• - Technical Review of Application
• Proposed Emissions
• Proposed Control Technology
• Impacts to Public Health Environment

Identified in Federal and State Air Rules
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Air Quality Division Overview

• What is NOT Reviewed When Making a Permit
  Decision?
• Zoning Restrictions
• Site Selection
• Traffic Patterns (except dust)
• Light
• Noise
• Consumer Demand/Product Need
• Carbon Dioxide (CO2) Emissions

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Coal Fired Power Plants

• Four Applications Currently
• Under Review
• Consumers Energy Essexville, Michigan
• Wolverine Power Supply Cooperative, Inc.Rogers
  City, Michigan
• Mid-Michigan Energy, LLCMidland, Michigan
• Holland Board of Public Works Holland, Michigan

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Review Process Steps
Administrative Technical Completeness Check
Technical Review
Development of Draft Permit Conditions
Public Participation Process
Permit Decision
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Technical Review

• Type, Size and Location of Source
• Emission Calculations/Proposed Emissions
• Applicable State and Federal Requirements

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Technical Review (cont.)

• Control Technology Requirements
• BACT - Best Available Control Technology
• MACT - Maximum Achievable Control Technology
• TBACT - Best Available Control Technology for
  Toxics

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Air Contaminants Regulated

• Criteria pollutants Ozone, Lead, Carbon
  Monoxide, Sulfur Dioxide, Nitrogen Dioxide,
  Particulate Matter
• Toxic Air Contaminants (Air Toxics)
  Non-criteria Pollutants, Which Could Be Harmful
  at Some Level in the Air

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Regulatory Standards and Criteria to Ensure
Public Health Protection

• Criteria pollutants
• EPA Established National Ambient Air Quality
  Standards (NAAQS)
• Air Toxics
• AQD Developed Screening Levels

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How Screening Levels Are Applied In Regulating
Air Emission Sources

• Based On Sources Emission Rates of Each Air
  Toxic
• Source, Site, Emission Rate, and Meteorology
  Information used in Computer Model
• Model Estimates The Impacts to the Ambient Air
  (outdoor air that people may breathe)
• Ambient Air Impacts Cannot Exceed Screening Levels

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Deposition and Oral Exposure

• Some Air Pollutants Can Deposit Out of the Air
  and Pose Concerns for Oral Exposure.
• Mercury and Lead Can Raise this Concern More than
  Other Substances

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Assessment of Power Plant Mercury Emissions

• For Each Proposal, the Local Mercury Deposition
  is Modeled
• Focus on Local Water Bodies Since More Deposition
  Impact is Close to the Source
• Models Account for the Environmental Fate of
  Mercury in the Local Watersheds
• 30-year Accumulation in Fish is Estimated
• Results Available for Public Review and used in
  Decision-making Process

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Development of Draft Permit Conditions

• AQD Coordination and Agreement on Draft
  Conditions
• Applicant Input on Draft Conditions
• Assurance that all Requirements Met
• Draft Developed Prior to Public Comment Period

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Public Participation Process

• Required by Federal State Permitting Rules for
  major sources
• Fact Sheet with Draft Permit Conditions
• 30 Day Public Comment Period
• Public Hearing
• Public notice of comment period/hearing
• Local newspapers, AQD website, Direct mailing
• Notification of EPA, Local Government
  Interested Parties

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Enhanced Public Participation Process

• Website Posting of Applications and related
  information
• General Information Session
• Public notice of comment period/hearing
• Local newspapers, AQD website, direct mailing,
  press release, public service announcements,
  re-Noticing
• 60 Day Public Comment Period
• Site Specific Information Meetings
• Multiple Public Hearing Times
• Public Comment will be accepted via email

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Permit Decision

• Decision-making Process
• Review of Comments Received
• Re-evaluation of Application and Permit
  Conditions
• May Need Additional Information or Review
• Response to Comments Document

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Permit Decision

• Three Possible Outcomes
• Approval
• Approval with Modifications
• Denial
• Notification of Final Decision
• Letters to Interested Parties, EPA,
• Local Government

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Air Quality Division Overview

• What is NOT Reviewed When Making a Permit
  Decision?
• Zoning Restrictions
• Site Selection
• Traffic Patterns (except dust)
• Light
• Noise
• Consumer Demand/Product Need
• Carbon Dioxide (CO2) Emissions

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(No Transcript)
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Definition of Climate Change

• . a change of climate which is attributed
  directly or indirectly to human activity that
  alters the composition of the global atmosphere
  and which is in addition to natural climate
  variability observed over comparable time periods.

The United Nations Framework Convention on
Climate Change (UNFCCC)
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Michigan Average Temperature Trends
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Grand Traverse Bay - Number of Years Ice Cover
per Decade(1851-2000)Source Dr. Jeff Andresen,
MSU, State Climatologist
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States with Climate Action Plans
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Regions with Climate Plans
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the State of Michigan can play an important
role in meeting the challenge of global climate
change while simultaneously spurring economic
growth

• Executive Order No. 2007-42

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Michigans Activities

• Executive Directive 2007-22
• Enhanced Energy Efficiency Conservation by
  State Departments Agencies
• Midwestern Regional GHG Reduction Accord
• Explore Establishing a Multi-sector, Regional
  Program Reducing GHG Emissions
• Executive Order 2007- 42
• Establish Michigan Climate Action Council

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Executive Directive 2007-22

• Energy Efficiency Target for All State Buildings
• 10 Reduction in Energy Use 2008
• 20 Reduction in Grid-Based Purchases 2015
• Each Departments Carbon Footprint Determined
• Energy Conservation Measures
• Energy Efficiency and Environmental
  Considerations in Purchasing

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Midwestern Regional GHG Reduction Accord

• Signed on November 15th by Leaders of Wisconsin,
  Minnesota, Illinois, Indiana, Iowa, Michigan,
  Kansas, Ohio, South Dakota, Manitoba
• Regional Strategy to Achieve Energy Security
  Reduce GHG Emissions

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• MCAC Created as Advisory Body within DEQ
• MCAC Consists of 35 Members
• MCAC Established Until December 08

• DEQ Director
• MDA Director
• DLEG Director
• DMB Director
• DNR Director
• Michigan Strategic Fund
• PSC Chairperson
• State Climatologist
• 27 Others Appointed

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• MCAC Charge
• Produce an Inventory Forecast of GHG Emissions
  1990 to 2020
• Consider Potential State Multi-State Mitigation
  Adaptation Actions
• Compile a Comprehensive Climate Action Plan with
  Specific Recommendations
• Advise State Local Governmental Entities on
  Measures to Address Climate Change

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• MCAC Process
• Facilitated by the Center for Climate Strategies
• Includes 6 Technical Workgroups
• Covers Short, Medium, Long-Term Periods of
  Action
• Open to the Public
• Funded Through Foundation Grants
• Consists of Two Phases

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• Technical Workgroups (TWGs)
• MCAC Members Others with Technical Expertise
  Interest
• Assist in Identification, Design Quantification
  of Policy Recommendations
• Began with 330 Options to Consider
• Provide Guidance to MCAC
• Teleconferences Between MCAC Meetings

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• Sector Based TWGs
• Agriculture, Forestry Waste
• Cross Cutting Issues (Reporting, Registries,
  Public Education, Goals, Etc.)
• Energy Supply
• Market Based Policies
• Residential, Commercial Industrial
• Transportation Land Use

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• Phase I
• 3 MCAC Meetings
• (Dec 07, Feb 08, Apr 08)
• Interim Report with Preliminary Recommendations
  (Apr 08)
• Preliminary Inventory Forecast
• Initial 55 Policy Option Priorities
• Preliminary Recommendations for Potential Goals
  for Reducing GHG Emissions

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• Phase II
• 3 MCAC Meetings
• (Jun 08, Sept 08, Nov 08)
• Final MCAC Report (Dec 08)
• Compile Summarize Final Recommendations
• History Status of State Actions
• Proposed Goals for Reducing GHG Emissions
• Recommended Policy Actions by Sector

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Michigan Climate Challenge

• Web-based On-line Pledge
• Encourage Voluntary Public Commitments
• Provide Climate Action Toolkit of Recommendations
  for Reducing Greenhouse Gases (GHGs)
• Currently in Development

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• Next MCAC Meeting
• Friday, September 12, 2007
• 9 am - 4 pm
• 2nd Floor Ballroom
• MSU Union
• Michigan State University
• Grand River Avenue at Abbott
• East Lansing, MI 48824-1029

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Where Are We Going From Here?
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Carbon Dioxide

• Declaratory Ruling Requests
• Court Cases
• Environmental Appeals Board Decisions
• EPAs Advanced Notice of Proposed Rulemaking
• Permitting Activities in Other States
• 2009 New Administration

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Other Items to Watch

• Clean Air Interstate Rule Vacatur
• Clean Air Mercury Rule (CAMR) Vacatur
• PM2.5 Implementation
• Michigan Prevention of Significant Deterioration
  (PSD) Program Approval
• Class 1 Designations and Federal Land Manager
  Reviews
• Appeals of Permit Decisions Process
• Legislative Activity

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Michigan Climate Action Council
(MCAC) www.miclimatechange.us/
Coal Fired Power Plant Applications www.deq.state.
mi.us/aps/downloads/permits/cfpp/cfpp.htm

• Contact Information for Lynn Fiedler
• fiedlerl_at_michigan.gov
• 517-373-7087