DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

((By authority conferred on the director of environmental quality by sections 5503

and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512.

PART 2. AIR USE APPROVAL

R 336.1201 Permits to install.

Rule 201. (1) Except as allowed in R 336.1202, R 336.1277 to R 336.1291, or

R 336.2823(15) a person shall not install, construct, reconstruct, relocate, or modify any

process or process equipment, including control equipment pertaining thereto, which may

emit any of the following, unless a permit to install that authorizes such action is issued

by the department.

(a) Any air pollutant regulated by title I of the clean air act and its associated rules,

including 40 C.F.R. §51.165 and §51.166, adopted by reference in R 336.1902.

(b) Any air contaminant.

A person who plans to install, construct, reconstruct, relocate, or modify any such

process or process equipment shall apply to the department for a permit to install on an

application form approved by the department and shall provide the information required

in R 336.1203.

(2) The department may issue a permit to install for any of the following reasons:

(a) To authorize a person to install, construct, reconstruct, relocate, or modify a

process or process equipment pursuant to subrule (1)(a) of this rule.

(b) To establish limits on potential to emit. The limits shall comply with the

provisions of R 336.1205(1)(a).

(c) To consolidate terms and conditions from existing permits to install within a

renewable operating permit pursuant to R 336.1214a.

(d) To authorize a person to install, construct, reconstruct, relocate, or modify

process or process equipment solely pursuant to subrule (1)(b) of this rule or to

consolidate state-only enforceable conditions within a renewable operating permit when

the renewable operating permit is issued pursuant to R 336.1214a. This permit may

establish terms and conditions that are legally enforceable solely pursuant to R 336.1224

to R 336.1233, R 336.1901, or other regulations that are not federally enforceable. Each

condition in a permit issued pursuant to this subrule shall be identified as state-only

enforceable.

(3) A permit to install may be approved subject to any condition, specified in

writing, that is reasonably necessary to assure compliance with all applicable

requirements.

(4) If a person decides not to install, construct, reconstruct, relocate, or modify the

process or process equipment as authorized by a permit to install, then the person, or the

authorized agent pursuant to R 336.1204, shall notify the department, in writing, and

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upon receipt of the notification by the department, the permit to install shall become void.

If the installation, reconstruction, or relocation of the equipment, for which a permit has

been issued, has not commenced within, or has been interrupted for, 18 months, then the

permit to install shall become void, unless either of the following occurs:

(a) The permit to install specifies a termination date of more than 18 months.

(b) The permit to install is the subject of a formal appeal by a party other than the

owner or operator of the process or process equipment that is the subject of the permit, in

which case the date of termination is not later than 18 months after the effective date of

the permit plus the number of days between the date on which the permit was appealed

and the date on which all appeals concerning the permit have been resolved.

(5) Upon issuance of a permit to install, the emissions from the process or process

equipment allowed by the permit to install shall be included in the potential to emit of the

stationary source. Upon the physical removal of the process or process equipment, or

upon a determination by the department that the process or process equipment has been

permanently shut down, the permit to install shall become void and the emissions allowed

by the permit to install shall no longer be included in the potential to emit of the

stationary source.

(6) Except as provided in subrule (8) of this rule and R 336.1216, operation of the

process or process equipment is allowed by the permit to install. The department may

void a permit to install upon any of the following actions:

(a) A new permit to install authorizing the action is approved by the department in

accordance with subrule (2)(a), (b), or (d) of this rule, and the new permit to install

renders all portions of the old permit obsolete.

(b) All terms and conditions of the permit to install are incorporated into a

renewable operating permit, in accordance with the provisions of R 336.1212(5) and R

336.1213, and a source-wide permit to install is issued pursuant to R 336.1214a.

(c) All of the emission units, processes, or process equipment covered by the permit

to install are physically removed from the stationary source or the department makes a

determination that the emission units, processes, or process equipment covered by the

permit to install have been permanently shut down.

(7) The department may require either or both of the following notification

requirements as a condition of a permit to install:

(a) Not more than 30 days after completion of the installation, construction,

reconstruction, relocation, or modification authorized by the permit to install, unless a

different period is specified in the permit, the person to whom the permit to install was

issued, or the authorized agent pursuant to R 336.1204, shall notify the department, in

writing, of the completion of the activity. Completion of the installation, construction,

reconstruction, relocation, or modification is considered to occur not later than

commencement of trial operation of the process or process equipment.

(b) Within 12 months after completion of the installation, construction,

reconstruction, relocation, or modification authorized by the permit to install, or 18

months after the effective date of this rule, whichever is later, unless a different period is

specified in the permit to install, the person to whom the permit to install was issued, or

the authorized agent pursuant to R 336.1204, shall notify the department, in writing, of

the status of compliance of the process or process equipment with the terms and

conditions of the permit to install. The notification shall include all of the following:

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(i) The results of all testing, monitoring, and recordkeeping performed by the

stationary source to determine the actual emissions from the process or process

equipment and to demonstrate compliance with the terms and conditions of the permit to

install.

(ii) A schedule of compliance for the process or process equipment.

(iii) A statement, signed by the owner or operator, that, based on information and

belief formed after reasonable inquiry, the statements and information in the notification

are true, accurate, and complete.

(8) If evidence indicates that the process or process equipment is not performing in

accordance with the terms and conditions of the permit to install, the department, after

notice and opportunity for a hearing, may revoke the permit to install consistent with

section 5510 of the act. Upon revocation of the permit to install, operation of the process

or process equipment shall be terminated. Revocation of a permit to install is without

prejudice and a person may file a new application for a permit to install that addresses the

reasons for the revocation.

History: 1980 AACS; 1992 AACS; 1995 AACS; 1996 AACS; 2003 AACS; 2008 AACS; 2013

AACS; 2016 AACS.

R 336.1201a General permits to install.

Rule 201a. (1) The department may, after notice and opportunity for public

participation pursuant to section 5511(3) of the act, issue a general permit to install

covering numerous similar stationary sources or emission units. A general permit to

install shall include terms and conditions which are necessary to assure that the stationary

source or emission unit will comply with all applicable requirements and shall be

consistent with the permit content requirements of R 336.1205(1)(a). The general permit

to install shall also identify criteria by which a stationary source or emission unit may

qualify for the general permit to install. The department shall grant the terms and

conditions of the general permit to install to stationary sources or emission units that

qualify within 30 days of receipt by the department of a complete application. An

applicant shall be subject to enforcement action if the department later determines that

the stationary source or emission unit does not qualify for the general permit to install.

(2) An owner or operator of a stationary source or emission unit that would qualify

for a general permit to install issued by the department pursuant to subrule (1) of this rule

shall either apply for coverage under the terms of the general permit to install or apply for

a permit to install consistent with R 336.1201. The department may require the use of

application forms designed for use with a specific general permit to install issued by the

department. The application forms shall include all information necessary to determine

qualification for, and to assure compliance with, the general permit to install. Without

repeating the public participation process pursuant to subrule (1) of this rule, the

department may grant a request by a person for authorization to install and operate a

stationary source or emission unit pursuant to a general permit to install.

(3) The department shall maintain, and make available to the public upon request, a

list of the persons that have been authorized to install and operate a stationary source or

emission unit pursuant to each general permit to install issued by the department.

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History: 1996 AACS; 2003 AACS; 2016 AACS.

R 336.1202 Waivers of approval.

Rule 202. (1) If the requirement for approval of a permit to install before

construction will create an undue hardship to the applicant, the applicant may request a

waiver to proceed with construction from the department. The application for a waiver

shall be in writing, shall explain the circumstances that will cause the undue hardship,

and shall be signed by the owner or his or her authorized agent. The application shall be

acted upon by the department within 30 days. If a waiver is granted, the applicant shall

submit pertinent plans and specifications for approval as soon as is reasonably practical.

The applicant, after a waiver is granted, shall proceed with the construction at his or her

own risk; however, operation of the equipment shall not be authorized until the

application for a permit to install has been approved by the department. After

construction, modification, relocation, or installation has begun or been completed, if the

plans, specifications, and completed installations do not meet department approval, then

the application for a permit to install shall be denied, unless the alterations required to

effect approval are made within a reasonable time as specified by the department.

(2) The provisions of subrule (1) of this rule do not apply to any of the following:

(a) Any activity that is subject to R 336.2802, prevention of significant deterioration

regulations, or R 336.2902, nonattainment new source review regulations. For the

purpose of this subrule, "activity" means the concurrent and related installation,

construction, reconstruction, relocation, or modification of any process or process

equipment.

(b) Construction or reconstruction of a major source of hazardous air pollutants

subject to 40 C.F.R. part 63, national emission standards for hazardous air pollutants for

source categories, adopted by reference in R 336.1902.

(c) Construction or modification subject to 40 C.F.R. part 61, national emission

standards for hazardous air pollutants, adopted by reference in R 336.1902.

History: 1980 AACS; 2003 AACS; 2008 AACS; 2016 AACS.

R 336.1203 Information required.

Rule 203. (1) An application for a permit to install shall include information

required by the department on the application form or by written notice. This

information may include, as necessary, any of the following:

(a) A complete description, in appropriate detail, of each emission unit or process

covered by the application. The description shall include the size and type along with the

make and model, if known, of the proposed process equipment, including any air

pollution control equipment. The description shall also specify the proposed operating

schedule of the equipment, provide details of the type and feed rate of material used in

the process, and provide the capture and removal efficiency of any air pollution control

devices. Applications for complex or multiple processes shall also include a block

diagram showing the flow of materials and intermediate and final products.

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(b) A description of any federal, state, or local air pollution control regulations

which the applicant believes are applicable to the proposed process equipment, including

a proposed method of complying with the regulations.

(c) A description in appropriate detail of the nature, concentration, particle size,

pressure, temperature, and the uncontrolled and controlled quantity of all air

contaminants that are reasonably anticipated due to the operation of the proposed process

equipment.

(d) A description of how the air contaminant emissions from the proposed process

equipment will be controlled or otherwise minimized.

(e) A description of each stack or vent related to the proposed process equipment,

including the minimum anticipated height above ground, maximum anticipated internal

dimensions, discharge orientation, exhaust volume flow rate, exhaust gas temperature,

and rain protection device, if any.

(f) Scale drawings showing a plan view of the owner's property to the property lines

and the location of the proposed equipment. The drawings shall include the height and

outline of all structures within 150 feet of the proposed equipment and show any fence

lines. All stacks or other emission points related to the proposed equipment shall also be

shown on the drawings.

(g) Information, in a form prescribed by the department, that is necessary for the

preparation of an environmental impact statement if, in the judgment of the department,

the equipment for which a permit is sought may have a significant effect on the

environment.

(h) Data demonstrating that the emissions from the process will not have an

unacceptable air quality impact in relation to all federal, state, and local air quality

standards.

(2) The department may require additional information necessary to evaluate or take

action on the application. The applicant shall furnish all additional information, within

30 days of a written request by the department, except as provided by the following

provisions:

(a) The applicant may request a longer period of time, in writing, specifying the

reason why 30 days was not reasonable for submitting the information.

(b) The department may provide written notice to the applicant of an alternate time

period for the submittal, either as part of the original request or upon the granting of an

extension requested by the applicant.

(3) An applicant may reference a previously submitted permit application for the

purpose of supplying a portion of the information required by this rule. Any reference to

a previously submitted permit application shall clearly identify the permit application

number assigned to the previous application by the department. If acceptable to the

department, an applicant may also reference other previously submitted information for

the purpose of supplying a portion of the information required by this rule.

History: 1980 AACS; 2003 AACS; 2016 AACS.

R 336.1204 Authority of agents.

Rule 204. When a person files an application for a permit to install as the agent of an

applicant, the applicant shall furnish the department with written authorization for the

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filing of the application. The authorization shall indicate if the applicant intends that the

department contact the agent directly with questions regarding the application and also

indicate if the agent is authorized to negotiate the terms and conditions of the permit to

install.

History: 1980 AACS; 2003 AACS.

R 336.1205 Permit to install; approval.

Rule 205. (1) The department shall not approve a permit to install for a stationary

source, process, or process equipment that meets the definition of a major stationary

source or major modification under any part of these rules unless the requirements

specified in subdivisions (a) and (b) of this subrule have been met. In addition, except as

provided in subrule (3) of this rule, the department shall not approve a permit to install

that includes limitations which restrict the potential to emit from a stationary source,

process, or process equipment to a quantity below that which would constitute a major

source or major modification under any part of these rules unless both of the following

requirements have been met:

(a) The permit to install contains emission limits that are enforceable as a practical

matter. An emission limit restricts the amount of an air contaminant that may be emitted

over some time period. The time period shall be set in accordance with the applicable

requirements and, unless a different time period is provided by the applicable

requirement, should generally not be more than 1 month, unless a longer time period is

approved by the department. A longer time period may be used if it is a rolling time

period, but shall not be more than an annual time period rolled on a monthly basis. If the

emission limit does not reflect the maximum emissions of the process or process

equipment operating at full design capacity without air pollution control equipment, then

the permit shall contain 1of the following:

(i) A production limit that restricts the amount of final product that may be produced

over the same time period used in the emission limit and that comports with the true

design and intended operation of the process or process equipment.

(ii) An operational limit that restricts the way the process or process equipment is

operated and that comports with the true design and intended operation of the process or

process equipment. An operational limit may include conditions specifying any of the

following:

(A) The installation, operation, and maintenance of air pollution control equipment.

(B) The hours of operation of the stationary source, process, or process equipment, if

the hours are less than continuous.

(C) The amount or type of raw materials used by the stationary source, process, or

process equipment.

(D) The amount or type of fuel combusted by the stationary source, process, or

process equipment.

(E) The installation, operation, and maintenance of a continuous gas flow meter and

a continuous emission monitor for the air contaminant for which an enforceable emission

limit is required.

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(iii) For volatile organic compound surface coating operations where an add-on

control is not employed, an emission or usage limit coupled with a requirement to

calculate or demonstrate daily compliance.

(b) A draft permit has been subjected to the public participation process specified in

section 5511(3) of the act. The department shall provide a copy of the draft permit to the

United States environmental protection agency for review and comment at or before the

start of the public comment period. The department shall also provide a copy of each

final permit to install issued pursuant to this rule to the United States environmental

protection agency.

(2) The department shall not approve a permit to install to construct a major source

or reconstruct a major source under any applicable requirement of section 112 of the

clean air act unless the requirements of subrule (1)(a) and (b) of this rule have been met.

In addition, except as provided in subrule (3) of this rule, the department shall not

approve a permit to install that includes limitations which restrict the potential to emit of

a stationary source, process, or process equipment to a quantity below that which would

constitute a major source or modification under any applicable requirement of

section 112 of the clean air act unless the requirements of subrule (1)(a) and (b) of this

rule have been met.

(3) The department may approve a permit to install that includes limitations that

restrict the potential to emit of a stationary source, process, or process equipment to a

quantity below that which would constitute a major source or major modification under

any part of these rules without meeting the requirement of subrule (1)(b) of this rule if

the emission limitations restrict the potential to emit of the stationary source, process, or

process equipment to less than 90% of the quantity referenced in the applicable

requirement.

History: 1995 AACS; 1996 AACS; 1998 AACS; 2003 AACS; 2008 AACS; 2016 AACS.

R 336.1206 Processing of applications for permits to install.

Rule 206. (1) The department shall review an application for a permit to install for

administrative completeness pursuant to R 336.1203(1) within 10 days of its receipt by

the department. The department shall notify the applicant in writing regarding the receipt

and completeness of the application.

(2) The department shall take final action to approve or deny a permit within 180

days of receipt of an application for a permit to install. The department shall take final

action to approve or deny a permit to install subject to a public comment period pursuant

to R 336.1205(1)(b) or section 5511(3) of the act within 240 days of receipt. If

requested by the permit applicant, the department may extend the processing period

beyond the applicable 180 or 240-day time limit. A processing period extension is

effective after a formal agreement is signed by both the applicant and the department.

However, a processing period shall not be extended under this subrule to a date later than

1 year after all information required pursuant to R 336.1203(1) and (2) has been received.

Permit processing period extensions shall be reported as a separate category under section

5522(8)(b) of the act. The failure of the department to act on an application that includes

all the information required pursuant to R 336.1203(1) and (2) within the time frames

specified in this subrule may be considered a final permit action solely for the purpose of

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obtaining judicial review in a court of competent jurisdiction to require that action be

taken by the department without additional delay.

History: 1980 AACS; 2003 AACS; 2013 AACS; 2016 AACS.

R 336.1207 Denial of permits to install.

Rule 207. (1) The department shall deny an application for a permit to install if, in

the judgment of the department, any of the following conditions exist:

(a) The equipment for which the permit is sought will not operate in compliance

with the rules of the department or state law.

(b) Operation of the equipment for which the permit is sought will interfere with the

attainment or maintenance of the air quality standard for any air contaminant.

(c) The equipment for which the permit is sought will violate an applicable

requirement of the clean air act, including any of the following:

(i) Standards of performance for stationary sources, 40 C.F.R. part 60, adopted by

reference in R 336.1902.

(ii) National emission standards for hazardous air pollutants, 40 C.F.R. part 61,

adopted by reference in R 336.1902.

(iii) The requirements of prevention of significant deterioration of air quality,

R 336.2801 to R 336.2819 and R 336.2823.

(iv) The requirements of nonattainment new source review, R 336.2901 to R

336.2903, R 336.2907, and R 336.2908.

(v) The requirements for control technology determinations for major sources in

accordance with 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference

in R 336.1902.

(d) Sufficient information has not been submitted by the applicant to enable the

department to make reasonable judgments as required by subdivisions (a) to (c) of this

subrule.

(2) When an application is denied, the applicant shall be notified in writing of the

reasons for the denial. A denial shall be without prejudice to the applicant's right to a

hearing pursuant to section 5505(8) of the act or for filing a further application after

revisions are made to meet objections specified as reasons for the denial.

History: 1980 AACS; 2003 AACS; 2008 AACS; 2016 AACS.

R 336.1208 Rescinded.

History: 1980 AACS; 1995 AACS.

R 336.1208a Rescinded.

History: 1996 AACS; 2012 AACS; 2016 AACS.

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R 336.1209 Use of old permits to limit potential to emit.

Rule 209. (1) A person may use a permit to install or a permit to operate issued

before May 6, 1980, or a Wayne county permit issued before a delegation of authority to

Wayne county pursuant to section 5523 of the act, to limit the potential to emit of a

stationary source to a quantity less than the amount which would cause the stationary

source to be subject to the requirements of R 336.1210 by complying with the

requirements of subrule (2) of this rule, if the permit meets both of the following

requirements:

(a) The permit contains emission limits that are less than the maximum emissions of

the process or process equipment operating at full design capacity without air pollution

control equipment, and the permit contains a production or operational limit consistent

with the requirements of R 336.1205(1)(a).

(b) The potential to emit of the stationary source, including the emissions authorized

by the permit, is less than the quantity of emissions that would cause the stationary source

to be considered a major source pursuant to R 336.1211(1)(a).

(2) Except as provided by subrule (3) of this rule, a person shall meet both of the

following requirements to use a permit to install or permit to operate issued before

May 6, 1980, or a Wayne county permit issued before a delegation of authority to Wayne

county pursuant to section 5523 of the act, to limit the potential to emit of a stationary

source:

(a) Submit a written notice to the department, on a form provided by the department,

of the intent that the terms and conditions of the permit to install, permit to operate, or the

Wayne county permit be used to limit the potential to emit of the stationary source under

the provisions of this rule. The written notice shall include a certification signed by the

person that the stationary source, process, or process equipment is in full compliance with

the permit to install, permit to operate, or the Wayne county permit.

(b) Maintain records, conduct monitoring, and submit reports as required by the

permit and as required pursuant to any applicable requirement to show that the stationary

source, process, or process equipment is operating in compliance with the terms and

conditions of the permit and any applicable requirements.

(3) A person need not notify the department pursuant to subrule (2)(a) of this rule if

the potential to emit of the stationary source, including the emissions authorized by the

permit to install or permit to operate issued before May 6, 1980, or the Wayne county

permit issued before a delegation of authority to Wayne county pursuant to section 5523

of the act, is less than 50% of the quantity that would cause the stationary source to be

considered a major source pursuant to R 336.1211(1)(a).

History: 1995 AACS; 2016 AACS.

R 336.1210 Renewable operating permits.

Rule 210. (1) A person shall not operate any emission units located at a stationary

source required to obtain a renewable operating permit under R 336.1211, except in

compliance with all applicable terms and conditions of a renewable operating permit,

unless a timely and administratively complete application for a renewable operating

permit has been received by the department in accordance with the provisions of this rule.

The ability to operate the emission units at a stationary source while a timely and

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administratively complete application is being reviewed and acted upon by the

department shall be referred to as the "application shield." The application shield

provided by this subrule shall not apply if an application submittal is not timely under the

applicable provision of subrules (4) to (10) of this rule, administratively complete under

subrule (2) of this rule, or an additional information submittal is not timely or complete

under subrule (3) of this rule. The loss of the application shield after the applicable time

specified in this rule for a person to have filed a timely and administratively complete

application for a renewable operating permit is grounds for enforcement action under the

act. Any enforcement action pursuant to loss of the application shield shall consider the

time period between the applicable deadline and when a person actually submits the

required administratively complete application or additional information.

(2) An application submittal, including an application submittal for renewal or

modification of a renewable operating permit, shall be considered an administratively

complete application if it contains reasonable responses to all requests for information in

the permit application form required by the department and a certification by a

responsible official which states that, based on information and belief formed after

reasonable inquiry, the statements and information in the application are true, accurate,

and complete. The application form required by the department shall be consistent with

the requirements of section 5507 of the act, except as provided for under R 336.1218.

The application form shall also require a certification of compliance with all applicable

requirements, a statement of methods used for determining compliance, including a

description of monitoring, recordkeeping and reporting requirements, and test methods,

and a statement indicating the stationary source's compliance status with any applicable

enhanced monitoring and compliance certification requirements of the clean air act. All

of the following provisions apply to the administrative completeness of an application for

a renewable operating permit:

(a) The department shall notify the person who submitted the application for a

renewable operating permit and the responsible official, in writing, regarding the

administrative completeness of the application submittal. If the application submittal is

considered not to be an administratively complete application by the department, then the

notification shall specify the deficiency and all supplemental materials required for an

administratively complete application. A person's response to a notification by the

department of the incompleteness of an application shall include all of the supplemental

materials requested by the department in the notification and a certification by the

responsible official which states that, based on information and belief formed after

reasonable inquiry, the statements and information in the response are true, accurate, and

complete. All of the following provisions apply to department notification:

(i) If the department fails to notify a person that an application submittal, including

the submittal of any supplemental materials requested by the department under this

subdivision, is not administratively complete by the following deadlines, then the

submittal shall be considered an administratively complete application as of the date the

department received the submittal or the supplemental materials, whichever is later:

(A) Within 60 days of the date the department receives the submittal, if the submittal

is received on the paper forms specified by the department.

(B) Within 15 days of the date the department receives the submittal, if the submittal

is received in an electronic format specified by the department.

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(ii) If a person submits all of the supplemental materials identified in a notification

from the department under this subrule, then the application shall be considered

administratively complete.

(iii) Except as provided in paragraph (i) of this subdivision, the date the department

receives all information required for an administratively complete application, including

all supplemental materials requested by the department under this subdivision, shall be

the date of receipt of the administratively complete application.

(b) Any person who fails to submit any relevant facts or who has submitted incorrect

information in an application for a renewable operating permit, including an application

for renewal or modification of a renewable operating permit, shall, upon becoming aware

of the failure or incorrect submittal, promptly submit all supplementary facts or corrected

information. Each submittal of any relevant facts or corrected information shall include a

certification by a responsible official which states that, based on information and belief

formed after reasonable inquiry, the statements and information in the submittal are true,

accurate, and complete.

(c) A person shall promptly provide any additional information necessary for an

administratively complete application for any applicable requirements to which the

stationary source becomes subject after the date that the person submitted the

administratively complete application, but before release of a draft renewable operating

permit for public participation under R 336.1214(3). Each submittal of any additional

information shall include a certification by the responsible official which states that,

based on information and belief formed after reasonable inquiry, the statements and

information in the submittal are true, accurate, and complete.

(3) After an application for a renewable operating permit has been determined by the

department to be administratively complete, the department may require additional

information, including information that was not requested on the application form. For

the purpose of this subrule, additional information means information necessary to

evaluate or take final action on the application, information needed to determine the

applicability of any lawful requirement, information needed to enforce any lawful

requirement, information needed to address any applicable requirements to which the

stationary source becomes subject after the date that the person submitted the

administratively complete application, but before release of a draft renewable operating

permit for public participation under R 336.1214(3), or information needed to evaluate

the amount of the annual air quality fee for the stationary source. A person's response to

a request for additional information by the department shall include all of the information

requested by the department in the request and a certification by a responsible official

which states that, based on information and belief formed after reasonable inquiry, the

statements and information in the response are true, accurate, and complete. The person

who submitted the application for a renewable operating permit for a stationary source

shall furnish, within 30 days of the date of the request, any additional information

requested, in writing, by the department, except as follows:

(a) A 30-day extension for a response shall be granted if the person requests that

extension, in writing, during the initial 30-day time period.

(b) The person may request a longer time period, in writing, specifying the reasons

why 60 days was not reasonable for submitting the requested information.

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(c) The department shall provide written notice to the person of the date of

expiration of any time period for submittal of all requested additional information as a

part of any request for additional information or upon granting a request for an extension.

Failure to submit additional information that has been requested in writing by the

department by the expiration of the time period specified for response results in the loss

of the application shield specified in subrule (1) of this rule.

(4) For a stationary source that is or becomes a major source, as defined by

R 336.1211(1)(a)(i) to (iii), an administratively complete application shall be considered

timely if it is received by the department not more than 12 months after the stationary

source commences operation as a major source or otherwise becomes subject to the

requirements to obtain a renewable operating permit as a major source. For the purposes

of this subrule, commencing operation as a major source occurs upon commencement of

trial operation of the new or modified emission unit that increased the potential to emit of

the stationary source to more than or equal to the applicable major source definition

specified in R 336.1211(1)(a).

(5) For a stationary source that is not a major source under R 336.1211(1)(a), but is

otherwise subject to the requirements of this rule under R 336.1211(1)(b), (c), (f), or (g),

an administratively complete application for a renewable operating permit is considered

timely if it is received by the department within 12 months of that stationary source

becoming subject, pursuant to any federal regulations, including the following, to the

requirement to obtain a renewable operating permit:

(a) 40 C.F.R. §70.3(a)(4) and §72.6(a).

(b) 40 C.F.R. §70.5(a)(1)(ii) as it pertains to part C or D of title 1 of the clean air act.

(c) A source category designated by the administrator under 40 C.F.R. §70.3(a)(5).

(d) Specified source categories in 40 C.F.R. part 63, adopted by reference under

R 336.1902.

(6) For a stationary source that is not a major source under R 336.1211(1)(a), but is

otherwise subject to the requirements of this rule under R 336.1211(1)(d), an

administratively complete application for a renewable operating permit is considered

timely if it is received by the department by the following applicable deadline:

(a) Thirty-six months after the promulgation of a performance standard under

sections 129(a) and 111 of the clean air act applicable to a category of solid waste

incineration units.

(b) Twelve months after becoming subject to the requirement to obtain a renewable

operating permit pursuant to the federal regulations promulgated pursuant to section

129(a) of the clean air act or the timelines set by applicable federal or state plans required

under section 129(b) of the clean air act.

(7) For a stationary source that is not a major source under R 336.1211(1)(a) or

otherwise subject to 40 C.F.R. part 70, but is subject to the requirements of this rule

under R 336.1211(1)(e), an administratively complete application for a renewable

operating permit is considered timely if it is received by the department by the following:

(a) November 1, 1998 for sources subject to federal regulations under 40 C.F.R. part

62, subpart GGG.

(b) Within 12 months after the date the amended design capacity report is due, for

sources subject to federal regulations under 40 C.F.R. part 62, subpart GGG that increase

their design capacity to equal or exceed 2.5 million megagrams and 2.5 million cubic

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meters by a change that is not a modification or reconstruction, pursuant to 40 C.F.R.

§62.14352(e) and §70.5(a)(1)(i).

(c) Within 15 months after commencing construction, modification, or

reconstruction for sources subject to federal regulations under 40 C.F.R. part 60, subpart

WWW with a design capacity greater than or equal to 2.5 million megagrams and 2.5

million cubic meters, pursuant to 40 C.F.R. §60.752(c) and §70.5(a)(1)(i), adopted by

reference under R 336.1902.

(d) Reserved.

(8) For a stationary source that is an affected source under R 336.1211(1)(b) and

title IV of the clean air act, an administratively complete application for an initial acid

rain permit is considered timely if it is submitted in accordance with the timelines in

40 C.F.R. part 72, subpart C, acid rain permit applications, adopted by reference under

R 336.1902.

(9) For renewal of a renewable operating permit, an administratively complete

application is considered timely if it is received by the department not more than 18

months, but not less than 6 months, before the expiration date of the current renewable

operating permit.

(10) For modifications to a renewable operating permit, an administratively

complete application is considered timely if it is received by the department in

accordance with the time frames specified in R 336.1216.

(11) Failure to operate in compliance with all terms and conditions of an operating

permit is grounds for enforcement action under the act, permit revocation or revision, or

denial of a permit renewal application.

(12) Failure to halt or reduce an activity when necessary to comply with an

operating permit is grounds for enforcement action.

(13) Submittal of a complete application for a renewable operating permit does not

supersede or affect any requirements to obtain a permit to install under R 336.1201.

(14) A person who submits information to the department as a part of an application

for a renewable operating permit under a claim of confidentiality, consistent with the

requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246,

shall submit a copy of the information directly to the United States environmental

protection agency.

(15) The department shall take final action on each administratively complete

application for a renewable operating permit, including an application for permit renewal,

within 18 months after the date of receipt by the department of an administratively

complete application.

History: 1995 AACS; 1996 AACS; 1999 AACS; 2001 AACS; 2012 AACS; 2016 AACS.

R 336.1211 Renewable operating permit applicability.

Rule 211. (1) All of the following stationary sources are subject to the requirements

of R 336.1210 to obtain, and only operate in compliance with, a renewable operating

permit:

(a) Major sources as defined by any of the following criteria:

(i) A major source under section 112 of the clean air act, which is defined as any

stationary source or group of stationary sources located within a contiguous area and

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under common control that emits, or has the potential to emit, in the aggregate, any of the

following:

(A) Ten tons per year of any hazardous air pollutant that has been listed under

section 112(b) of the clean air act.

(B) Twenty-five tons per year of any combination of hazardous air pollutants that

have been listed under section 112(b) of the clean air act.

(C) A lesser quantity as the administrator of the United States environmental

protection agency may establish by rule for any hazardous air pollutant listed under

section 112(b) of the clean air act. The department shall maintain, and make available

upon request, a list of the hazardous air pollutants for which a lesser quantity criteria has

been established. Emissions from any oil or gas exploration or production well, with its

associated equipment, and emissions from any pipeline compressor or pump station shall

not be aggregated with emissions from other similar units, whether or not the units are in

a contiguous area or under common control, to determine whether the units or stations are

major sources under this paragraph. For the purpose of this paragraph, the potential to

emit of a stationary source for hazardous air pollutants includes fugitive emissions,

regardless of the category of the stationary source.

(ii) A stationary source that directly emits, or has the potential to emit, 100 tons per

year or more of any of the following:

(A) Lead.

(B) Sulfur dioxide.

(C) Nitrogen oxides.

(D) Carbon monoxide.

(E) PM 10.

(F) PM 2.5.

(G) Ozone.

(H) Volatile organic compounds.

(I) Any air contaminant regulated under section 111 of the clean air act.

(J) Any class I and class II substances under title VI of the clean air act.

For the purpose of this paragraph, the fugitive emissions of a stationary source shall

not be considered in determining whether the stationary source is a major source, unless

the stationary source belongs to 1 of the categories listed in the definition of potential to

emit in R 336.1116.

(iii) A major stationary source, as defined in part D of title I of the clean air act, and

R 336.2901(t), including, for ozone nonattainment areas, stationary sources that have the

potential to emit 100 tons per year or more of volatile organic compounds or oxides of

nitrogen in areas classified as marginal or moderate.

(b) Any affected source as defined in 40 C.F.R. §72.6 and section 402 of the clean

air act.

(c) Any stationary source required to have a permit under part C or D of title I of the

clean air act.

(d) Any solid waste incineration unit, as defined in section 129(g) of the clean air

act, that is required to obtain a renewable operating permit under section 129(e) of the

clean air act.

(e) Any municipal solid waste landfill that has a design capacity equal to or greater

than 2.5 million megagrams and 2.5 million cubic meters.

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(f) Any stationary source in a source category designated by the administrator of the

United States environmental protection agency under 40 C.F.R. §70.3(a)(5).

(g) Any stationary source required to operate subject to a renewable operating

permit under 40 C.F.R. part 63, area source requirements, including the following:

(i) Any secondary lead smelter subject to national emission standards for hazardous

air pollutants from secondary lead smelting, 40 C.F.R. part 63, subpart X, adopted by

reference in R 336.1902.

(ii) Any hazardous waste combustor subject to national emission standards for

hazardous air pollutants from hazardous waste combustors, 40 C.F.R. part 63, subpart

EEE, adopted by reference in R 336.1902.

(iii) Any Portland cement plant subject to national emissions standards for

hazardous air pollutants from the Portland cement manufacturing industry, 40 C.F.R. part

63, subpart LLL, adopted by reference in R 336.1902.

(iv) Any steelmaking facility subject to national emission standards for hazardous

air pollutants for area sources: electric arc furnace steelmaking facilities, 40 C.F.R. part

63, subpart YYYYY, adopted by reference in R 336.1902.

(v) Any primary copper smelter subject to national emission standards for

hazardous air pollutants for primary copper smelting area sources, 40 C.F.R. part 63,

subpart EEEEEE, adopted by reference in R 336.1902.

(vi) Any secondary copper smelter subject to national emission standards for

hazardous air pollutants for secondary copper smelting area sources, 40 C.F.R. part 63,

subpart FFFFFF, adopted by reference in R 336.1902.

(vii) Any primary nonferrous metal area sources subject to national emission

standards for hazardous air pollutants for primary nonferrous metals area sources-zinc,

cadmium, and beryllium, 40 C.F.R. part 63, subpart GGGGGG, adopted by reference in

R 336.1902.

(viii) Any chemical manufacturing chromium compound area sources subject to

national emission standards for hazardous air pollutants for chemical manufacturing area

sources: chromium compounds, 40 C.F.R. part 63, subpart NNNNNN, adopted by

reference in R 336.1902.

(ix) Any glass manufacturing area sources subject to national emission standards for

hazardous air pollutants for glass manufacturing area sources, 40 C.F.R. part 63, subpart

SSSSSS, adopted by reference in R 336.1902.

(x) Any chemical manufacturing area sources subject to national emission standards

for hazardous air pollutants for chemical manufacturing area sources,

40 C.F.R. part 63, subpart VVVVVV, adopted by reference in R 336.1902, that installed

a control device on a chemical manufacturing process unit (CMPU), if the control device

on the affected CMPU is necessary to maintain the source's emissions at area source

levels.

(2) For the purposes of determining the applicability of R 336.1210, the potential to

emit of a stationary source shall be the sum of the potential to emit of all process and

process equipment located at the stationary source.

(3) The following stationary sources are exempted from the obligation to obtain a

renewable operating permit under R 336.1210:

(a) All stationary sources and source categories for which the person owning or

operating the stationary source would be required to obtain a permit solely because the

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stationary source is subject to 40 C.F.R. Part 60, subpart AAA, standards of performance

for new residential wood heaters.

(b) All stationary sources and source categories for which the person owning or

operating the stationary source would be required to obtain a permit solely because the

stationary source is subject to 40 C.F.R. Part 61, subpart M, national emission standards

for hazardous air pollutants for asbestos.

History: 1995 AACS; 1996 AACS; 1998-2000 AACS; 2001 AACS; 2008 AACS; 2012 AACS; 2016

AACS.

R 336.1212 Administratively complete applications; insignificant activities;

streamlining applicable requirements; emissions reporting and fee calculations.

Rule 212. (1) A timely and administratively complete application for a stationary

source subject to the requirements of R 336.1210 shall meet the requirements of

R 336.1210(2) and shall contain all information that is necessary to implement and

enforce all applicable requirements that include a process-specific emission limitation or

standard or to determine the applicability of those requirements.

(2) All of the following activities are considered to be insignificant activities at a

stationary source and need not be included in an administratively complete application

for a renewable operating permit:

(a) Repair and maintenance of grounds and structures.

(b) All activities and changes pursuant to R 336.1285(2)(a) to (f); however, if any

compliance monitoring requirements in the renewable operating permit would be affected

by the change, then application shall be made to revise the permit pursuant to

R 336.1216.

(c) All activities and changes pursuant to R 336.1287(2)(f) to (h); however, if any

compliance monitoring requirements in the renewable operating permit would be affected

by the change, then application shall be made to revise the permit pursuant to

R 336.1216.

(d) Use of office supplies.

(e) Use of housekeeping and janitorial supplies.

(f) Sanitary plumbing and associated stacks or vents.

(g) Temporary activities related to the construction or dismantlement of buildings,

utility lines, pipelines, wells, earthworks, or other structures.

(h) Storage and handling of drums or other transportable containers that are sealed

during storage and handling.

(i) Fire protection equipment, firefighting and training in preparation for fighting

fires, pursuant to R 336.1310.

(j) Use, servicing, and maintenance of motor vehicles, including cars, trucks, lift

trucks, locomotives, aircraft, or watercraft, except where the activity is subject to an

applicable requirement. The applicable requirement or the emissions of those air

contaminants addressed by the applicable requirement shall be included in a timely and

administratively complete application pursuant to R 336.1210. Examples of applicable

requirements may include an applicable requirement for a fugitive dust control or

operating program or an applicable requirement to include fugitive emissions pursuant to

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R 336.1211(1)(a)(ii). For the purpose of this subdivision, the maintenance of motor

vehicles does not include painting or refinishing.

(k) Construction, repair, and maintenance of roads or other paved or unpaved areas,

except where the activities are subject to an applicable requirement. The applicable

requirement or the emissions of the air contaminants addressed by the applicable

requirement shall be included in a timely and administratively complete application

pursuant to R 336.1210. Examples of applicable requirements include an applicable

requirement for a fugitive dust control or operating program or an applicable requirement

to include fugitive emissions pursuant to R 336.1211(1)(a)(ii).

(l) Piping and storage of sweet natural gas, including venting from pressure relief

valves and purging of gas lines.

(3) The following process or process equipment need not be included in an

administratively complete application for a renewable operating permit, unless the

process or process equipment is subject to applicable requirements that include a process-

specific emission limitation or standard:

(a) Cooling and ventilation equipment listed in R 336.1280(2)(b) to (e).

(b) Cleaning, washing, and drying equipment listed in R 336.1281(2)(a) to (f) and

(i) to (k).

(c) Electrically heated furnaces, ovens, and heaters listed in R 336.1282(2)(a) and

equipment listed in R 336.1282(2)(c) to (f).

(d) Process and process equipment and other equipment listed in R 336.1283 not

excluded in R 336.1283(3).

(e) Containers listed in R 336.1284(2)(a), (c), (d), (h), and (k) to (m).

(f) Miscellaneous equipment listed in R 336.1285(2)(h), (i), (k) to (t), (v) to (ii),

(kk), and (ll) except for equipment listed in R 336.1285(2)(l)(vi)(C), (r)(iv), and (dd)(iii).

(g) All plastic processing equipment listed in R 336.1286.

(h) Surface coating equipment listed in R 336.1287(2)(b), (d), (e), (i), (j), and (k).

(i) All oil and gas processing equipment listed in R 336.1288.

(j) Asphalt and concrete production equipment listed in R 336.1289(2)(a) to (c).

(4) Unless subject to a process-specific emission limitation or standard, all of the

following process or process equipment need only be listed in an administratively

complete application for a renewable operating permit. The list shall include a

description of the process or process equipment, including any control equipment

pertaining to the process or process equipment, the source classification code, and a

reference to the subdivision of this subrule that identifies the process or process

equipment:

(a) Cooling and ventilation equipment listed in R 336.1280(2)(a).

(b) Cleaning, washing, and drying equipment listed in R 336.1281(2)(g) and (h).

(c) Fuel-burning furnaces, ovens, and heaters listed in R 336.1282(2)(a), (b), and

(g).

(d) Containers listed in R 336.1284(2)(b), (e), (f), (g), (i), (j), and (n).

(e) Miscellaneous process or process equipment listed in R 336.1285(2)(g), (j),

(1)(vi)(C), (r)(iv), (u), (w), (dd)(iii), (jj) and (mm).

(f) Surface-coating equipment listed in R 336.1287(2)(a) and (c).

(g) Concrete batch production equipment listed in R 336.1289(2)(d).

(h) Emission units that have limited emissions and meet the criteria in R 336.1290.

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(i) Emission units that have limited emissions and meet the criteria in

R 336.1291.

(5) As a part of an application for a renewable operating permit, a person may seek

to establish that certain terms or conditions of a permit to install, permit to operate, or

order entered pursuant to the act are not appropriate to be incorporated into the renewable

operating permit or should be modified to provide for consolidation or clarification of the

applicable requirements. An application for a renewable operating permit may include

information necessary to demonstrate any of the following:

(a) That a term or condition of a permit to install, permit to operate, or order

entered pursuant to the act is no longer an applicable requirement.

(b) That a term or condition of a permit to install, permit to operate, or order

entered pursuant to the act should be modified to provide for consolidation or

clarification of the applicable requirement. A person shall demonstrate that the

modification results in

enforceable applicable requirements that are equivalent to the

applicable requirements contained in the original permit or order and that the equivalent

requirements do not violate any other applicable requirement.

(c) That the equipment should be combined into emission units different from the

emission units contained in a permit to install, permit to operate, or order entered

pursuant to the act to provide for consolidation or clarification of the applicable

requirement. A person shall demonstrate that the realignment of the emission units

results in enforceable applicable requirements which are equivalent to the applicable

requirements contained in the original permit or order and that the equivalent

requirements do not violate any other applicable requirement.

(6) Beginning with the annual report of emissions required pursuant to R 336.202

and section 5503(k) of the act for the first calendar year after a stationary source becomes

a major source as defined by R 336.1211(1)(a), each stationary source subject to the

requirements of this rule shall report the emissions, or the information necessary to

determine the emissions, of each regulated air pollutant. The information shall be

submitted utilizing the emissions inventory forms provided by the department. For the

purpose of this subrule, "regulated air pollutant" means all of the following:

(a) Nitrogen oxides or any volatile organic compound.

(b) A pollutant for which a national ambient air quality standard has been

promulgated under the clean air act.

(c) A pollutant that is subject to any standard promulgated under section 111 of the

clean air act.

(d) A class I or II substance that is subject to a standard promulgated under or

established by title VI of the clean air act.

(e) A pollutant that is subject to a standard promulgated under section 112 or other

requirements established under section 112 of the clean air act, except for pollutants

regulated solely pursuant to section 112(r) of the clean air act. Pollutants subject to a

standard promulgated or other requirements established under section 112 of the clean air

act include both of the following:

(i) A pollutant that is subject to requirements under section 112(j) of the clean air

act. If the administrator of the United States environmental protection agency fails to

promulgate a standard by the date established pursuant to section 112(e) of the clean air

act, any pollutant for which a stationary source would be major shall be considered to be

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regulated on the date 18 months after the applicable date established pursuant to section

112(e) of the clean air act.

(ii) A pollutant for which the requirements of section 112(g)(2) of the clean air act

have been met, but only with respect to the specific stationary source that is subject to the

section 112(g)(2) requirement.

(7) For the purpose of calculating the annual air quality fee pursuant to section 5522

of the act, the actual emissions of a fee-subject air pollutant from all process or process

equipment shall be determined. However, the actual emissions of a fee-subject air

pollutant from process or process equipment listed pursuant to subrules (2) to (4) of this

rule need not be calculated unless either of the following provisions are met:

(a) The process or process equipment is subject to a process-specific emission

limitation or standard for the specific fee-subject air pollutant.

(b) The actual emissions from the process or process equipment exceed 10% of

significant, as defined in R 336.1119(e), for that air pollutant.

History: 1995 AACS; 1996 AACS; 2001 AACS; 2003 AACS; 2016 AACS; 2019 AACS.

R 336.1213 Content of renewable operating permit.

Rule 213. (1) Each renewable operating permit shall include all of the following

general provisions:

(a) A person shall comply with all conditions of the renewable operating permit.

Any permit noncompliance constitutes a violation of the act and is grounds for

enforcement action, for permit revocation or revision, or for denial of the renewal of a

renewable operating permit. All terms and conditions of a renewable operating permit

that are designated in the permit as federally enforceable pursuant to subrule (5) of this

rule, are enforceable by the administrator of the United States environmental protection

agency and by citizens under the provisions of the clean air act.

(b) It is not a defense for a person in an enforcement action that it would have been

necessary to halt or reduce the permitted activity in order to maintain compliance with the

conditions of the permit.

(c) The renewable operating permit may be modified, revised, or revoked for cause.

The filing of a request by a person for a permit modification, revision, or termination, or

a notification of planned changes or anticipated noncompliance does not stay any permit

condition. This does not supersede or affect the ability of a person to make changes, at

the person's own risk, pursuant to R 336.1215 and R 336.1216.

(d) A person shall allow the department or an authorized representative of the

department, upon presentation of credentials and other documents as may be required by

law and upon stating the authority for and purpose of the investigation, to perform any of

the following activities:

(i) Enter, at reasonable times, a stationary source or other premises where emissions-

related activity is conducted or where records must be kept under the conditions of the

permit.

(ii) Have access to and copy, at reasonable times, any records that must be kept

under the conditions of the permit.

(iii) Inspect, at reasonable times, any of the following:

(A) Any stationary source.

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(B) Any emission unit.

(C) Any equipment, including monitoring and air pollution control equipment.

(D) Any work practices or operations regulated or required under the renewable

operating permit.

(iv) As authorized by section 5526 of the act, sample or monitor at reasonable times

substances or parameters for the purpose of assuring compliance with the permit or

applicable requirements.

(e) A person shall furnish to the department, within a reasonable time, any

information that the department may request, in writing, to determine whether cause

exists for modifying, revising, or revoking the permit or to determine compliance with

the permit. Upon request, a person shall also furnish to the department copies of any

records that are required to be kept as a term or condition of the renewable operating

permit. For information that is claimed by the person to be confidential, consistent with

the requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246, the person may also be required to furnish the records directly to the United

States environmental protection agency together with a claim of confidentiality.

(f) A challenge by any person, the administrator of the United States environmental

protection agency, or the department to a particular condition or a part of a renewable

operating permit shall not set aside, delay, stay, or in any way affect the applicability or

enforceability of any other condition or part of the renewable operating permit.

(g) A person shall pay fees consistent with the fee schedule and requirements

pursuant to section 5522 of the act.

(h) The renewable operating permit does not convey any property rights or any

exclusive privilege.

(i) Federally enforceable permit to install terms and conditions incorporated into the

renewable operating permit are identified within the renewable operating permit as being

established pursuant to R 336.1201.

(2) Each renewable operating permit shall contain emission limits and standards,

including operational requirements and limits that ensure compliance with all applicable

requirements at the time of permit issuance. In addition, each renewable operating permit

may contain additional limits agreeable to both the applicant and the department,

provided that these limits are not contrary to R 336.1213 or the clean air act. The

following provisions apply to emission limits and standards:

(a) The renewable operating permit shall specify and reference the underlying

applicable requirement for each term or condition and identify any difference in form as

compared to the applicable requirement upon which the term or condition is based.

(b) The renewable operating permit shall state that, where an applicable requirement

is more stringent than an applicable requirement of regulations promulgated for affected

sources under title IV of the clean air act, both provisions shall be incorporated into the

permit.

(c) If the state implementation plan allows for an alternative emission limit that is

equivalent to the limit contained in the state implementation plan, any renewable

operating permit containing the equivalent alternative emission limit shall contain terms

and conditions to ensure that any such emission limit is quantifiable, accountable,

enforceable, and based on replicable procedures.

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(d) Any term or condition established as a limit on the potential to emit of the

stationary source shall be consistent with the requirements of R 336.1205(1)(a). For each

such limit on the potential to emit of the stationary source, the permit shall specify and

reference any requirements that would otherwise be applicable to the source or emission

unit.

(3) The renewable operating permit shall contain terms and conditions necessary to

ensure that sufficient testing, monitoring, recordkeeping, reporting, and compliance

evaluation activities will be conducted to determine the status of compliance of the

stationary source with the emission limitations and standards contained in the renewable

operating permit. The following provisions apply to testing, monitoring, recordkeeping,

reporting, and compliance evaluation activities:

(a) With respect to testing and monitoring, each renewable operating permit shall

contain terms and conditions necessary to ensure compliance with all of the following:

(i) The use of all emissions monitoring and analysis procedures or test methods

required by the applicable requirements, including 40 C.F.R. Part 64, and any other

procedures and methods promulgated pursuant to section 504(b) or 114(a)(3) of the clean

air act. If more than 1 monitoring or testing requirement applies, the permit may specify

a streamlined set of monitoring or testing requirements, provided the specified

monitoring or testing is adequate to assure compliance at least to the same extent as the

monitoring or testing applicable requirements that were not included in the permit as a

result of such streamlining.

(ii) Where the applicable requirement does not require periodic testing or

instrumental or noninstrumental monitoring, which may consist of recordkeeping

designed to serve as monitoring, the use of periodic monitoring sufficient to yield reliable

data from the relevant time period that are representative of the stationary source's

compliance with the permit, as reported pursuant to subdivision (c) of this subrule. The

monitoring requirements shall ensure use of terms, test methods, units, averaging periods,

and other statistical conventions consistent with the applicable requirement.

Recordkeeping provisions shall be sufficient to meet the requirements of subdivision (b)

of this subrule.

(iii) As necessary, requirements concerning the use, maintenance, and, where

appropriate, installation of monitoring equipment or methods.

(b) With respect to recordkeeping, each renewable operating permit shall contain

terms and conditions necessary to ensure compliance with the recordkeeping

requirements specified in the applicable requirements. Each renewable operating permit

shall also contain terms and conditions that require, where appropriate, both of the

following:

(i) Records of any periodic emission or parametric monitoring that include all of the

following information:

(A) The date, location, time, and method of sampling or measurements.

(B) The dates analyses of the samples were performed.

(C) The company or entity that performed the analyses of the samples.

(D) The analytical techniques or methods used.

(E) The results of the analyses.

(F) The related operating conditions or parameters that existed at the time of

sampling or measurement.

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(ii) Retention of records of all required monitoring data and support information for

a period of not less than 5 years from the date of the monitoring sample, measurement,

report, or application. Support information includes all calibration and maintenance

records and all original strip-chart recordings, or other original data records, for

continuous monitoring instrumentation and copies of all reports required by the

renewable operating permit.

(c) With respect to reporting and the certification of reports, each renewable

operating permit shall contain terms and conditions necessary to insure compliance with

the reporting requirements specified in the applicable requirements. Except as provided

in paragraph (iii)(B) of this subdivision, any document, including reports, required to be

submitted to the department as a term or condition of a renewable operating permit shall

include a certification by a responsible official which states that, based on information

and belief formed after reasonable inquiry, the statements and information in the

document are true, accurate, and complete. Each renewable operating permit shall also

contain terms and conditions for all of the following:

(i) The submittal of reports of any required monitoring at least once every 6 months.

All instances of deviations from permit requirements during the reporting period shall be

clearly identified in the reports. Each report submitted pursuant to this subdivision shall

include a certification by a responsible official which states that, based on information

and belief formed after reasonable inquiry, the statements and information in the report

are true, accurate, and complete.

(ii) The prompt reporting of deviations from permit requirements. Prompt reporting

shall be defined as follows, unless otherwise provided in the renewable operating permit:

(A) For deviations that exceed the emissions allowed under the renewable operating

permit, prompt reporting means reporting consistent with the requirements of

R 336.1912. All reports submitted pursuant to this paragraph shall be promptly certified

as specified in paragraph (iii) of this subdivision.

(B) For deviations which exceed the emissions allowed under the renewable

operation permit and which are not reported pursuant to R 336.1912 due to the duration

of the deviation, prompt reporting means the reporting of all deviations in the reports

required by paragraph (i) of this subdivision. The report shall describe reasons for each

deviation and the actions taken to minimize or correct each deviation.

(C) For deviations that do not exceed the emissions allowed under the renewable

operating permit, prompt reporting means the reporting of all deviations in the reports

required by paragraph (i) of this subdivision. The report shall describe the reasons for

each deviation and the actions taken to minimize or correct each deviation.

(iii) For reports required pursuant to paragraph (ii) of this subdivision, prompt

certification of the reports means either of the following:

(A) Submitting a certification by a responsible official with each report which states

that, based on information and belief formed after reasonable inquiry, the statements and

information in the report are true, accurate, and complete.

(B) Submitting, within 30 days following the end of a calendar month during which

1 or more prompt reports of deviations from the emissions allowed under the permit were

submitted to the department pursuant to paragraph (ii) of this subdivision, a certification

by a responsible official which states that, based on information and belief formed after

reasonable inquiry, the statements and information contained in each of the reports

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submitted during the previous month were true, accurate, and complete. The certification

shall include a listing of the reports that are being certified. Any report submitted

pursuant to paragraph (ii) of this subdivision that will be certified on a monthly basis

pursuant to this paragraph shall include a statement that certification of the report will be

provided within 30 days following the end of the calendar month.

(4) With respect to compliance, each renewable operating permit shall contain terms

and conditions necessary to ensure each of the following:

(a) Incorporation into the renewable operating permit of a schedule of compliance.

(b) For a stationary source that is not in compliance with all applicable requirements

at the time of issuance of a renewable operating permit, the submission of progress

reports to the department, consistent with an applicable schedule of compliance, at least

semiannually or more frequently if specified in an applicable requirement or by the

department in the permit. Progress reports shall contain the information specified in the

following provisions:

(i) The date or dates for achieving the activities, milestones, or compliance required

in the schedule of compliance, and the date or dates when the activities, milestones, or

compliance were achieved.

(ii) An explanation of why any dates in the schedule of compliance were not or will

not be met and a description of any preventive or corrective measures adopted.

(c) A requirement that, at least annually, or more frequently if specified in an

applicable requirement or by the department in the renewable operating permit, the

responsible official shall certify, in writing, to the department and to the United States

environmental protection agency, that the stationary source is and has been in compliance

with all terms and conditions contained in the renewable operating permit, except for any

deviations from compliance that have been or are being reported to the department. The

certification shall state that, based on information and belief formed after reasonable

inquiry, the statements and information in the certification are true, accurate, and

complete. Each certification of compliance shall include all of the following information:

(i) The identification of each term or condition of the permit that is the basis of the

certification.

(ii) The compliance status of the stationary source with respect to each identified

term or condition.

(iii) Whether compliance was continuous or intermittent.

(iv) The methods used for determining the compliance status of the stationary

source, currently and over the reporting period consistent with subrule (3)(a), (b), and (c)

of this rule.

(v) Other facts as the department may require in the permit that are necessary to

determine the compliance status of the stationary source.

(5) Each renewable operating permit shall provide for the following:

(a) Each renewable operating permit shall specifically designate as not being

enforceable under the clean air act any terms and conditions included in the permit that

are not required under the clean air act or under any of its applicable requirements.

Terms and conditions so designated are not subject to the requirements for review by the

United States environmental protection agency or affected states under R 336.1214.

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(b) Each renewable operating permit shall specifically designate each federally

enforceable applicable requirement previously established in a permit to install pursuant

to R 336.1201.

(6) Both of the following provisions apply to permit shields:

(a) Except as provided in subdivision (b) of this subrule, each renewable operating

permit shall include a permit shield provision stating that compliance with the conditions

of the permit shall be considered compliance with any applicable requirements as of the

date of permit issuance, if either of the following provisions is satisfied:

(i) The applicable requirements are included and are specifically identified in the

permit.

(ii) The permit includes a determination or a summary of the determination by the

department that other specifically identified requirements are not applicable to the

stationary source.

(b) Nothing in this subrule or in any renewable operating permit shall alter or affect

any of the following:

(i) The provisions of section 303 of the clean air act, emergency orders, including

the authority of the administrator of the United States environmental protection agency

under that section.

(ii) The liability of an owner or operator of a stationary source for any violation of

applicable requirements before or at the time of permit issuance.

(iii) The applicable requirements of the acid rain program, consistent with

section 408(a) of the clean air act.

(iv) The ability of the United States environmental protection agency to obtain

information from a stationary source pursuant to section 114 of the clean air act.

(7) Each renewable operating permit shall be issued for a fixed term of not more

than 5 years. Renewable operating permits that have terms of less than 5 years may be

issued with the agreement of the department and the permit applicant. The terms and

conditions of a renewable operating permit for affected sources under title IV of the clean

air act that address the requirements of title IV shall be issued for a term of 5 years. The

date of expiration of the renewable operating permit shall be specified in the permit.

(8) A renewable operating permit shall include terms and conditions that allow a

stationary source to switch its operation between reasonably anticipated operating

scenarios if the scenarios have been identified by the stationary source in its application

and found to be approvable by the department. The terms and conditions shall provide

for all of the following:

(a) Require the stationary source, contemporaneously with making a change from

one operating scenario to another, to record, in a log at the stationary source, a record of

the scenario under which the source is operating.

(b) Extend the permit shield described in subrule (6) of this rule to all terms and

conditions under each approved operating scenario.

(c) Ensure that the terms and conditions of each approved alternative scenario meet

all applicable requirements.

(9) A renewable operating permit shall include terms and conditions for the trading

of emissions increases and decreases among process emission units within the stationary

source solely for the purpose of complying with an emissions cap that is established in

the permit independent of otherwise applicable requirements, if the terms and conditions

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have been requested by a person in an application for a renewable operating permit. If a

person wishes to include the terms and conditions in a renewable operating permit, the

permit application shall include proposed replicable procedures and permit terms that the

person believes ensure the emissions trades are quantifiable and enforceable. The terms

and conditions shall include those necessary to meet the requirements of

subrules (2) to (4) of this rule. The department shall not be required to include in the

emissions trading provisions any emission units for which emissions are not quantifiable

or for which there are no replicable procedures to enforce the emissions trades. The

permit shall also require compliance with all applicable requirements. Both of the

following provisions apply to the trading of emissions increases and decreases among

emission units solely for the purpose of complying with an emissions cap:

(a) A written notification to the department and the United States environmental

protection agency is required 7 days in advance of any emissions trade under this subrule.

The notice shall state when the change will occur and shall describe the changes in

emissions that will result and how these increases and decreases in emissions will comply

with the terms and conditions of the permit.

(b) The permit shield described in subrule (6) of this rule shall extend to terms and

conditions that allow the increases and decreases in emissions.

(10) In addition to the other requirements of this rule, each renewable operating

permit for an affected source under title IV of the clean air act shall include a permit

condition prohibiting emissions exceeding any allowances that an affected source

lawfully holds as of the allowance transfer deadline pursuant to the federal acid rain

program, adopted by reference in R 336.1902. All of the following apply to allowances:

(a) A permit revision shall not be required for increases in emissions that are

authorized by allowances acquired pursuant to title IV of the clean air act if the increases

do not require a permit revision under any other applicable requirement.

(b) A limit shall not be placed on the number of allowances held by the affected

source. The affected source may not, however, use allowances as a defense to

noncompliance with any other applicable requirement.

(c) Any allowance shall be accounted for according to the procedures established in

regulations promulgated under title IV of the clean air act.

(11) A renewable operating permit for a temporary source may authorize emissions

from a stationary source at multiple temporary locations. An affected source under

title IV of the clean air act shall not be permitted as a temporary source. In addition to

the other requirements of this rule, permits for temporary sources shall include all of the

following provisions:

(a) Conditions that will assure compliance with all applicable requirements at all

authorized locations.

(b) Requirements that the owner or operator notify the department not less than 10

days in advance of each change in location.

(c) Conditions that assure compliance with all other provisions of this rule.

(12) A renewable operating permit shall contain terms and conditions allowing for

emission averaging and emission reduction credit trading pursuant to any applicable

interstate or regional emissions trading program that has been approved by the

administrator of the United States environmental protection agency as a part of

Michigan's state implementation plan.

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History: 1995 AACS; 1996 AACS; 2001 AACS; 2008 AACS; 2016 AACS.

R 336.1214 Approval of renewable operating permit.

Rule 214. (1) After the department has received an administratively complete

application and all additional information requested by the department pursuant to

R 336.1210(3) for a renewable operating permit, significant modification to a renewable

operating permit, or the renewal of a renewable operating permit, the department shall

prepare a draft permit and a report that sets forth the applicable requirements and factual

basis for the draft permit terms and conditions. The report shall include citations of the

applicable requirements, an explanation of any equivalent requirements or other changes

included in the draft permit pursuant to R 336.1213(2), and any determination made

pursuant to R 336.1213(6)(a)(ii) regarding requirements that are not applicable to the

stationary source where the draft permit contains only a summary of the determination.

(2) The person who applied for the renewable operating permit shall be provided

with a reasonable period of time, between 7 and 30 days, to review and comment on the

draft renewable operating permit, draft renewable operating permit significant

modification, or draft renewable operating permit renewal before the start of the public

participation procedure specified in subrule (3) of this rule. If the person and the

department cannot agree on the terms and conditions of the draft renewable operating

permit, the terms and conditions that the department believes are necessary to comply

with the requirements of R 336.1213 shall be incorporated into the draft renewable

operating permit and the report required by subrule (1) of this rule shall include a

discussion of the person's objections.

(3) Except for modifications qualifying for administrative permit amendment

procedures pursuant to R 336.1216(1) or minor permit modification procedures pursuant

to R 336.1216(2), the draft renewable operating permit, draft renewable operating permit

modification, or the draft renewable operating permit renewal shall be subjected to the

following public participation procedure before the department submits a proposed

renewable operating permit to the United States environmental protection agency for

review pursuant to subrule (6) of this rule:

(a) The department shall provide public notice by publication in a newspaper of

general circulation in the area where the stationary source is located or in a state

publication designed to give general public notice. Notice shall also be provided to

persons on a mailing list maintained by the department, including persons who request, in

writing, to be on that list, and to any person who requests, in writing, to be notified of a

permit action involving a specific stationary source.

(b) The notice shall set forth all of the following information:

(i) The name of the stationary source.

(ii) The name and mailing address of the responsible official.

(iii) The mailing address of the department.

(iv) The activity or activities involved in the proposed permit action.

(v) The emissions change involved in any permit modification.

(vi) The name, address, and telephone number of a representative of the department

from whom interested persons may obtain additional information, including copies of the

draft permit, the report required under subrule (1) of this rule, and, to the extent provided

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by the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, the application

and any other materials available to the department that are relevant to the permit

decision.

(vii) A brief description of the procedures to submit comments.

(viii) The time and place of any hearing that may be held, including a statement of

the procedures to request a hearing, unless a hearing has already been scheduled.

(c) The department shall provide not less than 30 days for public comment and shall

give notice of any public hearing not less than 30 days in advance of the hearing.

(d) The department shall keep a record of the commenter’s and the issues raised

during the public participation process and the records shall be available to the public.

(4) The department shall give notice of each draft permit to any affected state on or

before the time that the department provides notice to the public pursuant to subrule (3)

of this rule, unless R 336.1216(2) requires the timing of the notice to be different. The

department shall notify the administrator of the United States environmental protection

agency and any affected state, in writing, of any refusal by the department to accept all

recommendations for the proposed permit that the affected state submitted during the

public comment period specified in subrule (3)(c) of this rule. The notice shall include

the department's reasons for not accepting any recommendation. The department is not

required to accept recommendations that are not based on applicable requirements.

(5) After the completion of the public participation procedure specified in subrule

(3) of this rule and the review by affected states specified in subrule (4) of this rule, the

department shall prepare a proposed renewable operating permit, proposed renewable

operating permit significant modification, or proposed renewable operating permit

renewal. If the proposed renewable operating permit differs from the draft renewable

operating permit in response to substantial and relevant comments from the public or

affected states, the person who applied for the renewable operating permit shall be

provided with a reasonable period of time, between 7 and 30 days, to review and

comment on the changes before the transmittal of the proposed renewable operating

permit to the United States environmental protection agency for review. If the person

and the department cannot agree on the changes to the proposed renewable operating

permit, the changes that the department believes are necessary to comply with the

requirements of R 336.1213 shall be incorporated into the proposed renewable operating

permit and the person's objections shall be included in the information transmitted to the

United States environmental protection agency for review.

(6) Except as provided in 40 C.F.R. §70.8(a)(1) and (2), adopted by reference in

R 336.1902, and as provided in R 336.1210(14), the department shall transmit a copy of

each administratively complete application for a renewable operating permit, including

any application for a significant modification to a renewable operating permit or for

renewal of a renewable operating permit, all additional information submitted pursuant to

R 336.1210(3), the report prepared pursuant to subrule (1) of this rule, and the proposed

renewable operating permit to the United States environmental protection agency. The

department shall not take a final action to issue a renewable operating permit until 45

days after the United States environmental protection agency has received all the

information specified in this subrule and subrule (4) of this rule. If the administrator of

the United States environmental protection agency objects, in writing, to the renewable

operating permit before the end of the 45-day review period specified in this subrule, the

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department shall not issue the renewable operating permit until the administrator's

objection has been resolved. The department shall follow the procedure specified in

40 C.F.R. §70.8(c), adopted by reference in R 336.1902, to resolve the objection. The

application shield provided by R 336.1210(1) shall continue to apply to the stationary

source, consistent with the provisions of R 336.1210, until the department takes final

action on the renewable operating permit.

(7) The department shall make a final decision to issue or deny a renewable

operating permit, a significant modification to a renewable operating permit, or the

renewal of a renewable operating permit after completion of the review by the United

States environmental protection agency specified in subrule (6) of this rule. The final

renewable operating permit shall contain all terms and conditions determined by the

department to be necessary pursuant to R 336.1213, after consideration of all comments

received during public participation pursuant to subrule (3) of this rule and affected state

review pursuant to subrule (4) of this rule, including any terms and conditions necessary

to resolve any objection by the administrator of the United States environmental

protection agency pursuant to subrule (6) of this rule. The department shall transmit a

copy of each final renewable operating permit to the United States environmental

protection agency. A person aggrieved by the issuance, denial, modification, or renewal

of a renewable operating permit may appeal the final decision as provided in section

5506(14) of the act.

(8) Any person may petition the administrator of the United States environmental

protection agency to make an objection regarding a renewable operating permit pursuant

to 40 C.F.R. §70.8(d), adopted by reference in R 336.1902. The petition shall be filed

within 60 days after the expiration of the administrator's 45-day review period specified

in subrule (6) of this rule and 40 C.F.R. §70.8(c), adopted by reference in R 336.1902.

The petition shall be based only on an objection to the renewable operating permit that

was raised with reasonable specificity during the public comment period provided for in

subrule (3)(c) of this rule, unless the petitioner demonstrates that it was impracticable to

raise the objection during the public comment period or unless the grounds for the

objection arose after the public comment period. A petition for review does not stay the

effectiveness of a renewable operating permit or its requirements if the renewable

operating permit was issued after the end of the 45-day review period and before the

department received an objection by the administrator. If the administrator of the United

States environmental protection agency objects to the renewable operating permit as a

result of a petition filed pursuant to 40 C.F.R. §70.8(d), adopted by reference in

R 336.1902, before the department has issued the renewable operating permit, the

department shall not issue the renewable operating permit until the administrator's

objection has been resolved. The application shield provided by R 336.1210(1) shall

continue to apply to the stationary source, consistent with the provisions of R 336.1210,

until the department takes final action on the renewable operating permit. If the

administrator of the United States environmental protection agency objects to the

renewable operating permit as a result of a petition filed pursuant to 40 C.F.R. §70.8(d)

after the department has issued the renewable operating permit, the department shall

follow the procedure specified in 40 C.F.R. §70.7(g), adopted by reference in

R 336.1902, to resolve the objection.

History: 1995 AACS; 1996 AACS; 2001 AACS; 2008 AACS; 2012 AACS; 2016 AACS.

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R 336.1214a Consolidation of permits to install within renewable operating

permit.

Rule 214a. (1) The department shall issue a source-wide permit to install concurrent

with each issuance and renewal of a renewable operating permit pursuant to R 336.1214

and each reissuance of a renewable operating permit pursuant to R 336.1217(2)(b). The

source-wide permit to install shall be contained in the same document as the renewable

operating permit. The source-wide permit to install shall specifically identify,

consolidate, and incorporate all federally enforceable terms and conditions of existing

permits to install into the renewable operating permit in accordance with the provisions

of R 336.1212(5) and the permit content requirements of R 336.1213.

(2) The source-wide permit to install is updated whenever a new process-specific

permit to install is incorporated into the renewable operating permit in accordance with

the provisions of R 336.1216.

(3) Both of the following provisions apply to the incorporation of terms and

conditions of a permit to install into a renewable operating permit:

(a) Within the renewable operating permit, each federally enforceable term or

condition that originated in a permit to install shall be specifically identified with an

applicable requirement citation of R 336.1201(1)(a). This citation is in addition to the

R 336.1213(2)(a) underlying applicable requirement citation. Each term or condition of

the renewable operating permit with an applicable requirement citation of

R 336.1201(1)(a) shall be considered a term or condition of the source-wide permit to

install issued pursuant to this rule.

(b) A federally enforceable term or condition of a renewable operating permit shall

be considered a term or condition of the source-wide permit to install issued pursuant to

this rule, if it can be reasonably demonstrated that the federally enforceable term or

condition originated in a permit to install issued pursuant to R 336.1201. Each term or

condition in a renewable operating permit issued before the effective date of this rule

with any of the following underlying applicable requirements, identified pursuant to R

336.1213(2)(a), shall be considered a term or condition of the source-wide permit to

install issued pursuant to this rule:

(i) R 336.1201, R 336.1201a.

(ii) Title 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference in

R 336.1902.

(iii) R 336.1301(1)(c), R 336.1301(4), and R 336.1331(1)(c).

(iv) R 336.1403(4).

(v) R 336.1702, R 336.1705, R 336.1706, R 336.1708, R 336.1709, and R

336.1710.

(vi) R 336.2415.

(vii) Title 40 C.F.R. §52.21, adopted by reference in R 336.1902.

(viii) R 336.2801 to R 336.2819 and R 336.2823.

(ix) R 336.2901 to R 336.2903, R 336.2907, and R 336.2908.

(4) The source-wide permit to install replaces all existing permits to install, in

accordance with R 336.1201(6)(b). Although the source-wide permit to install and the

renewable operating permit are contained in the same document, the source-wide permit

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to install maintains its own authority under section 5505 of the act. If the renewable

operating permit expires or is voided, the source-wide permit to install remains in effect,

unless the criteria of R 336.1201(6)(a) or (c) are met.

(5) State-only enforceable terms and conditions from a permit to install that have

been incorporated into a renewable operating permit shall be considered terms and

conditions of a state-only enforceable permit to install established pursuant to R

336.1201(2)(d). If the renewable operating permit later expires or is voided, the state-

only enforceable permit to install does not expire, nor is it voided, unless the criteria of R

336.1201(6)(a) or (c) are met.

(6) Nothing in this rule shall relieve the requirement to obtain a permit to install

pursuant to R 336.1201(1) for newly constructed, modified, reconstructed, or relocated

process or process equipment that emits an air contaminant.

History: 2003 AACS; 2008 AACS; 2016 AACS.

R 336.1215

Operational flexibility; emissions trading activities between

stationary sources, off-permit changes, insignificant changes, and responsible

official changes for a renewable operating permit.

Rule 215. (1) The following provisions apply to operational flexibility within a

stationary source. As provided in 40 C.F.R. §70.4(b)(12), adopted by reference in

R 336.1902, a person may make either of the following changes to process or process

equipment within a stationary source covered by a renewable operating permit without a

revision to that permit, if the changes are not a modification under any applicable

provision of title I of the clean air act and the changes do not exceed the emissions

allowable under the renewable operating permit, whether expressed therein as a rate of

emissions or in the terms of total emissions, if the person provides written notification to

the department and the United States environmental protection agency at least 7 days

prior to the change. The permittee and the department shall attach each such notice to

their copy of the relevant permit:

(a) As provided in 40 C.F.R. §70.2 and §70.4(b)(12)(i), adopted by reference in

R 336.1902, a person may make changes that contravene a specific permit condition, if

the changes are not modifications under any provision of title I of the clean air act and the

changes do not exceed the emissions allowable under the renewable operating permit,

whether expressed therein as a rate of emissions or in terms of total emissions. Such

changes do not include changes that would violate applicable requirements or contravene

federally enforceable permit terms and conditions that are monitoring, including test

methods, recordkeeping, reporting, or compliance certification requirements. For each

such change, the written notification required in this subrule shall include all of the

following information:

(i) A brief description of the change within the stationary source.

(ii) The date on which the change will occur.

(iii) Any change in emissions.

(iv) Any permit term or condition that is no longer applicable as a result of the

change.

(b) As provided in 40 C.F.R. §70.4(b)(12)(ii), adopted by reference in R 336.1902, a

person may trade increases and decreases in emissions within the stationary source

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according to procedures specified by an applicable emissions trading program that has

been approved by the administrator of the United States environmental protection agency

as a part of Michigan's state implementation plan, if the person has provided written

notification to the department and the United States environmental protection agency of

the changes at least 7 days prior to the activity taking place.

(i) The written notification required in this subdivision shall include all information

required by the approved state implementation plan, including at a minimum, all of the

following information:

(A) When the proposed change will occur.

(B) A description of each such change.

(C) Any change in emissions.

(D) The permit requirements with which the stationary source will comply using the

emissions trading provisions of the approved state implementation plan for trading within

a stationary source.

(E) The pollutants emitted subject to the emissions trade.

(F) The provisions of the approved state implementation plan with which the

stationary source will comply and which provide for the emissions trade within the

stationary source.

(ii) Compliance with the permit requirements that the stationary source will meet

using the emissions trade shall be determined according to the requirements of the

approved state implementation plan authorizing the emissions trade within the stationary

source.

(c) For the purposes of this subrule, the emissions allowable under the renewable

operating permit include any emission limitation, standard, or condition, including a work

practice standard, that is required by an applicable requirement or any emission

limitation, standard, or condition, including a work practice standard, that establishes an

emissions cap which the source has assumed to avoid an applicable requirement.

(2) The following provisions apply to emission reduction credits trading between

stationary sources. As provided in 40 C.F.R. §70.6(a)(8), adopted by reference in

R 336.1902, a person may make any changes without revision to the renewable operating

permit where provided for in the renewable operating permit and allowed by an

applicable interstate or regional emissions trading program that has been approved by the

administrator of the United States environmental protection agency.

(3) The following provisions apply to off-permit changes. As provided in

40 C.F.R. §70.4(b)(14) and (15), adopted by reference in R 336.1902, a person may

make a change at a stationary source covered by a renewable operating permit that is

not addressed or prohibited by the renewable operating permit without a revision to the

renewable operating permit, if all of the following provisions are met:

(a) The change complies with all applicable requirements and is not a modification

under any applicable provision of title I of the clean air act.

(b) If the stationary source is an affected source under title IV of the clean air act,

the change is not contrary to any applicable requirement of title IV.

(c) The person provides contemporaneous written notification to the department and

the United States environmental protection agency of each change. The written notice

shall describe the change, including all of the following information:

(i) The date of the change.

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(ii) Any change in emissions.

(iii) Any pollutants emitted.

(iv) Any applicable requirement that would apply as a result of the change.

(v) A statement that the notification is being provided pursuant to this subrule.

(d) The person keeps a record describing changes made at the stationary source that

result in emissions of an air contaminant which are subject to an applicable requirement,

but not otherwise regulated under the permit, and the emissions resulting from the

changes.

(4) The following provisions apply to insignificant changes. A person may make a

change at a stationary source covered by a renewable operating permit that involves the

insignificant activities listed pursuant to R 336.1212(2) or that involves the installation,

construction, reconstruction, relocation, alteration, or modification of any process or

process equipment listed pursuant to R 336.1212(3) and (4) without a revision to the

renewable operating permit, if none of the following provisions apply to the change:

(a) The change would result in a violation of any applicable requirement.

(b) The change would require or modify any of the following:

(i) A case-by-case determination of an emission limitation or other standard.

(ii) For temporary sources, a source-specific determination of ambient air impacts.

(iii) A visibility or increment analysis.

(c) The change would seek to establish or modify an emission limit, standard, or

other condition of the renewable operating permit that the stationary source has assumed

to avoid an applicable requirement to which the stationary source would otherwise be

subject.

(d) The change is a major offset modification or a modification under any applicable

requirements of sections 111 or 112, or part C of title I of the clean air act.

(5) Contemporaneous written notification shall be made to the department upon a

change of address, name, or phone number of the responsible official or other contact

person identified in the application for the renewable operating permit.

(6) Changes made pursuant to this rule do not qualify for the permit shield provided

by R 336.1213(6).

History: 1995 AACS; 1996 AACS; 2001 AACS; 2016 AACS.

R 336.1216 Modifications to renewable operating permits.

Rule 216. (1) All of the following provisions apply to administrative permit

amendments:

(a) An administrative permit amendment is a modification to a renewable operating

permit that involves any of the following:

(i) A change that corrects typographical errors.

(ii) A minor administrative change at the stationary source.

(iii) A change that provides for more frequent monitoring or reporting.

(iv) A change in the ownership or operational control of a stationary source where

the department determines that no other change in the permit is necessary, if a written

agreement containing a specific date for transfer of permit responsibility, coverage, and

liability between the current and new owner or operator has been submitted to the

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department. The new owner or operator shall also notify the department of any change in

the responsible official or contact person regarding the renewable operating permit.

(v) A change that incorporates into the renewable operating permit the terms and

conditions of a permit to install issued pursuant to R 336.1201, if the permit to install

includes terms and conditions that comply with the permit content requirements

contained in R 336.1213, the procedure used to issue the permit to install was

substantially equivalent to the requirements of R 336.1214(3) and (4) regarding public

participation and review by affected states, the process or process equipment is in

compliance with, and no changes are required to, the terms and conditions of the permit

to install that are to be incorporated into the renewable operating permit, and both of the

following have occurred:

(A) A person has notified the department, in writing, within 30 days after

completion of the installation, construction, reconstruction, relocation, or modification of

the process or process equipment covered by the permit to install, unless a different time

frame is specified by an applicable requirement and required by the permit to install.

(B) Upon completion of all testing, monitoring, and recordkeeping required by the

terms and conditions of the permit to install, but not later than 12 months after the date of

completion reported in subparagraph (A) of this paragraph unless a different time frame

is specified in the permit to install, a person has requested that the contents of the permit

to install be incorporated into the renewable operating permit as an administrative permit

amendment. The request shall include all of the following:

(1) The results of all testing, monitoring, and recordkeeping performed by the person

to determine the actual emissions from the process or process equipment and to

demonstrate compliance with the terms and conditions of the permit to install.

(2) A schedule of compliance for the process or process equipment.

(3) A certification by the responsible official which states that, based on information

and belief formed after reasonable inquiry, the statements and information in the request

are true, accurate, and complete.

(b) An administrative permit amendment, for changes identified in

subdivision (a)(i) to (iv) of this subrule, shall be reviewed and final action taken

according to the following procedure:

(i) The department shall take final action to approve or deny the request for an

administrative permit amendment within 60 days of the receipt of the request, unless the

department requests additional information to clarify the request. If the department

requests additional information, the department shall take final action within 60 days of

the receipt of the additional information. Upon approval of the request, the change shall

be incorporated into the renewable operating permit without providing notice to the

public or affected states. The change shall be clearly designated as an administrative

permit amendment.

(ii) Upon approval, the department shall transmit a copy of the administrative permit

amendment to the person that requested the amendment and the United States

environmental protection agency.

(iii) A person may implement the changes identified in the request for an

administrative permit amendment, at the person's own risk, immediately upon submittal

of the request to the department. After the change has been made, and until the

department takes final action as specified in paragraph (i) of this subdivision, a person

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shall comply with both of the applicable requirements governing the change and the

permit terms and conditions proposed in the application for the administrative

amendment. If a person fails to comply with the permit terms and conditions proposed

in the application for the administrative amendment during this time period, the terms and

conditions contained in the renewable operating permit are enforceable.

(iv) The permit shield provided under R 336.1213(6) does not extend to

administrative amendments made pursuant to subdivision (a)(i) to (iv) of this subrule.

(c) An administrative permit amendment, for changes identified in subdivision (a)(v)

of this subrule, shall be reviewed and final action taken according to the following

procedure:

(i) Within 60 days after receipt by the department of all the information required

pursuant to subdivision (a)(v)(B) of this subrule, the department shall determine whether

the information provides an acceptable demonstration of compliance with the terms and

conditions of the permit to install and shall transmit a copy of the information together

with that determination and a proposed amended renewable operating permit to the

United States environmental protection agency for a 45-day review period pursuant to

40 C.F.R. §70.8(c), adopted by reference in R 336.1902.

(ii) The department shall not take a final action to approve the administrative permit

amendment if the administrator of the United States environmental protection agency

objects to its approval, in writing, within 45 days of receipt by the United States

environmental protection agency, of the information required in paragraph (i) of this

subdivision. The department shall follow the procedure specified in 40 C.F.R. §70.8(c),

adopted by reference in R 336.1902, in response to an objection by the administrator of

the United States environmental protection agency.

(iii) A person may make the change authorized by the permit to install immediately

after the permit to install has been approved by the department. After the change has

been made, and until the department takes final action on the administrative permit

amendment as specified in paragraph (ii) of this subdivision, the person shall comply

with both the applicable requirements governing the change and the terms and conditions

approved as a part of the permit to install. During this time period, the person may

choose to not comply with the existing terms and conditions of the renewable operating

permit that are modified by the permit to install. However, if the person fails to comply

with the terms and conditions of the permit to install during this time period, the terms

and conditions contained in the renewable operating permit are enforceable. The permit

shield provided under R 336.1213(6) does not apply to the changes until the

administrative permit amendment has been approved by the department.

(d) If the department denies the request for an administrative permit amendment, the

department shall notify the person requesting the administrative permit amendment, in

writing, that the request has been denied and the reasons for the denial. Any appeal of a

denial by the department of an administrative permit amendment shall be pursuant to

section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631. The

denial of an administrative permit amendment pursuant to this rule is not a revocation of

the permit to install.

(2) All of the following provisions apply to minor permit modifications:

(a) A minor permit modification is a change to a renewable operating permit for

which none of the following provisions apply:

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(i) The change would violate any applicable requirement.

(ii) The change would significantly affect any existing monitoring, reporting, or

recordkeeping requirements contained in the renewable operating permit.

(iii) The change would require or affect any of the following:

(A) A case-by-case determination of a federally enforceable emission limitation or

other standard.

(B) For temporary sources, a source-specific determination of ambient impacts.

(C) A visibility or increment analysis.

(iv) The change would seek to establish or affect a federally enforceable term or

condition in the renewable operating permit for which there is no corresponding

underlying applicable requirement and that the stationary source has assumed to avoid an

applicable requirement to which the stationary source would otherwise be subject.

Following are examples of the terms and conditions described in this paragraph:

(A) An emissions cap assumed to avoid classification as a modification under any

applicable provision of title I of the clean air act.

(B) An alternative emissions limit adopted by the stationary source as part of an

early reduction program pursuant to section 112(i)(5) of the clean air act.

(v) The change is defined as a major offset modification or a modification under

any applicable requirement of sections 111 or 112, or part C of title I of the clean air act.

A minor permit modification includes a change authorized by a permit to install issued

pursuant to R 336.1201, if the permit to install includes terms and conditions that comply

with the permit content requirement of R 336.1213 and none of the provisions of this

subrule apply.

(b) An application requesting a minor permit modification shall contain reasonable

responses to all requests for information in the minor permit modification application

forms required by the department, including all of the following information:

(i) A description of the change, the emissions resulting from the change, and any

new applicable requirements that will apply if the change occurs.

(ii) The proposed changes to the terms and conditions of the renewable operating

permit that the person applying for the minor permit modification believes are adequate

to address the change and any new applicable requirements.

(iii) A certification by the responsible official which states that the proposed

modification meets the criteria for use of minor permit modification procedures and that,

based on information and belief formed after reasonable inquiry, the statements and

information in the application are true, accurate, and complete.

(iv) Completed forms, supplied by the department, for the department to use to

notify the United States environmental protection agency and any affected states.

(c) A minor permit modification shall be reviewed and final action taken according

to the following procedure:

(i) Within 5 working days of receipt by the department of an application for a minor

permit modification that meets the requirements of subdivision (b) of this subrule, the

department shall notify the United States environmental protection agency and any

affected states of the requested minor permit modification.

(ii) The department shall notify the administrator of the United States environmental

protection agency and the affected state, in writing, of any refusal by the department to

accept any recommendations for the minor permit modification that the affected state

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submitted to the department during the time period for review specified in paragraph (iii)

of this subdivision and before final action has been taken on the minor permit

modification. The notice shall include the department's reasons for not accepting any

recommendation. The department is not required to accept recommendations that are not

based on applicable requirements.

(iii) The department shall not issue a final minor permit modification until after the

United States environmental protection agency’s 45-day review period or until the United

States environmental protection agency has notified the department that the agency will

not object to issuance of the minor permit modification. Within 90 days of the

department's receipt of an application for a minor permit modification, or 15 days after

the end of the United States environmental protection agency’s 45-day review period,

whichever is later, the department shall take 1 of the following actions and notify, in

writing, the person applying for the minor permit modification of that action:

(A) Approve the permit modification as proposed.

(B) Revise the draft minor permit modification, with the consent of the person

applying for the minor permit modification, and transmit the revised draft minor permit

modification to the United States environmental protection agency. Transmittal of a

revised draft minor permit modification to the United States environmental protection

agency restarts the 45-day review period specified in this paragraph.

(C) Determine that the requested modification does not meet the minor permit

modification criteria and should be reviewed under the significant modification

procedures. The notification by the department shall specify why the request does not

meet the criteria for a minor permit modification.

(D) Deny the permit modification application for cause. The notification by the

department shall specify the reasons for the denial. Any appeal of a denial by the

department of a minor permit modification shall be pursuant to section 631 of the revised

judicature act of 1961, 1961 PA 236, MCL 600.631.

(d) A person may make the change proposed in the application for a minor permit

modification, at the person's own risk, immediately after the department has received the

application. After the change has been made, and until the department takes final action

as specified in subdivision (c)(iii)(A) to (C) of this subrule, a person shall comply with

both of the applicable requirements governing the change and the permit terms and

conditions proposed in the application for the minor permit modification. During this

time period, a person may choose to not comply with the existing permit terms and

conditions that the application for a minor permit modification seeks to modify.

However, if the person fails to comply with the permit terms and conditions proposed in

the application for the minor permit modification during this time period, the terms and

conditions contained in the renewable operating permit are enforceable.

(e) Notwithstanding the restrictions of subdivision (a) of this subrule, minor permit

modification procedures may be used for permit modifications involving the use of

economic incentives, marketable permits, emissions trading, and other similar

approaches, to the extent that the approaches have been approved by the administrator of

the United States environmental protection agency as a part of Michigan's state

implementation plan. The approaches shall identify the specific modifications that can be

made using the minor permit modification procedures.

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(f) The permit shield under R 336.1213(6) shall not extend to minor permit

modifications.

(3) All of the following provisions apply to significant modifications:

(a) A significant modification is a modification to a renewable operating permit

which is not an administrative permit amendment pursuant to subrule (1) of this rule, or is

not a minor permit modification pursuant to subrule (2) of this rule, and which involves

any of the following changes, unless the change is allowed under the terms and

conditions of a permit to install that has been approved by the department pursuant to the

requirements of subrule (1)(a)(v) of this rule:

(i) A modification under any applicable provision of title I of the clean air act.

(ii) Except as provided pursuant to subrule (1)(c)(iii) of this rule, any change that

would result in emissions that exceed the emissions allowed under the renewable

operating permit. The emissions allowed under the permit include any emission

limitation, production limit, or operational limit, including a work practice standard,

required by an applicable requirement, or any emission limitation, production limit, or

operational limit, including a work practice standard, that establishes an emissions cap

that the stationary source has assumed to avoid an applicable requirement to which the

stationary source would otherwise be subject.

(iii) The change would significantly affect an existing monitoring, recordkeeping, or

reporting requirement included in the renewable operating permit.

(iv) The change would require or modify a case-by-case determination of an

emission limitation or other standard, a source-specific determination of ambient air

impacts for temporary sources, or a visibility or increment analysis.

(v) The change would seek to establish or modify an emission limitation, standard,

or other condition of the renewable operating permit that the stationary source has

assumed to avoid an applicable requirement to which the stationary source would

otherwise be subject.

(b) An administratively complete application for a significant permit modification

shall be limited to address only the process and process equipment that will be affected

by the change.

(c) The terms and conditions of a significant permit modification shall meet all the

permit content requirements of R 336.1213 for the process and process equipment

affected by the change.

(d) The procedure for taking final action on significant permit modification shall

follow the requirements of R 336.1214, except that final actions on significant permit

modifications shall be taken within 9 months of the receipt by the department of an

administratively complete application.

(e) If a significant permit modification is denied, the department shall notify, in

writing, the person applying for the modification. The notification of denial shall specify

the reasons for the denial. Any appeal of a denial by the department of a significant

permit modification shall be pursuant to section 631 of the revised judicature act of 1961,

1961 PA 236, MCL 600.631.

(4) All of the following provisions apply to state-only modifications:

(a) A state-only modification to a renewable operating permit involves changes to

terms and conditions in the renewable operating permit that are designated as not

enforceable under the clean air act pursuant to R 336.1213(5). If the change results in

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new applicable requirements that must be enforceable under the clean air act, then the

change shall not be a state-only modification.

(b) An application requesting a state-only modification shall contain reasonable

responses to all requests for information in the application forms required by the

department, including all of the following information:

(i) A description of the change, the emissions resulting from the change, and any

new applicable requirements that will apply if the change occurs.

(ii) The proposed changes to the terms and conditions of the renewable operating

permit that the person applying for the state-only modification believes are adequate to

address the change and any new applicable requirements.

(iii) A certification by the responsible official which states that the proposed

modification meets the criteria for use of the state-only modification procedures and that,

based on information and belief formed after reasonable inquiry, the statements and

information in the application are true, accurate, and complete.

(c) A state-only modification shall be reviewed and final action taken within 90 days

of the department's receipt of an application for the state-only modification. The

department shall take 1 of the following actions and notify, in writing, the person

applying for the state-only modification of that action:

(i) Approve the state-only modification as proposed.

(ii) Revise the draft state-only modification, with the consent of the person applying

for the modification, and approve the revised modification.

(iii) Determine that the requested modification does not meet the criteria for a state-

only modification and should be reviewed pursuant to subrule (1), (2), or (3) of this rule.

The notification by the department shall specify why the request does not meet the

criteria for a state-only modification.

(iv) Deny the state-only modification application for cause. The notification by the

department shall specify the reasons for the denial. Any appeal of a denial by the

department of a state-only modification shall be pursuant to section 631 of the revised

judicature act of 1961, 1961 PA 236, MCL 600.631.

(d) A person may make the change proposed in the application for a state-only

modification, at the person's own risk, immediately after the application has been

received by the department. After the change has been made, and until the department

takes final action as specified in subdivision (c)(i) to (iv) of this subrule, the person shall

comply with both the applicable requirements governing the change and the permit terms

and conditions proposed in the application for the minor permit modification. During this

time period, the person may choose, at the person's own risk, to not comply with the

existing permit terms and conditions that the application for a state-only modification

seeks to modify. However, if the person fails to comply with the permit terms and

conditions proposed in the application for the state-only modification during this time

period, or if the state-only modification is denied by the department, the terms and

conditions contained in the renewable operating permit are enforceable.

(e) The permit shield provided under R 336.1213(6) does not apply to the state-only

modification until the changes have been approved by the department.

History: 1995 AACS; 1996 AACS; 2003 AACS; 2016 AACS.

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R 336.1217 Renewals and reopenings of renewable operating permits.

Rule 217. (1) All of the following provisions apply to renewals of renewable

operating permits:

(a) If a timely and administratively complete application for the renewal of a

renewable operating permit is submitted, consistent with R 336.1210(9), and timely and

complete additional information is submitted, consistent with R 336.1210(3), but the

department has failed to take final action to issue or deny the renewal permit before the

end of the term of the previous permit, then the existing renewable operating permit shall

not expire until the renewal permit has been issued or denied and any permit shield that

may be granted pursuant to R 336.1213(6) shall extend beyond the original permit term

until the department takes final action on the renewal permit.

(b) Renewable operating permits that are being renewed are subject to the same

procedural requirements, including the requirements for public participation and for

review by affected states and the United States environmental protection agency, and the

same provisions for appeal that apply to initial issuance of renewable operating permits

pursuant to R 336.1214.

(c) Expiration of a renewable operating permit results in the loss of the permit shield

provided in R 336.1213(6).

(2) All of the following provisions apply to the reopening for cause of renewable

operating permits:

(a) Each renewable operating permit shall include provisions specifying the

conditions under which the department shall reopen the renewable operating permit

before the expiration of the permit. A permit shall be reopened and revised by the

department under any of the following circumstances:

(i) To incorporate new applicable requirements issued or promulgated after the

issuance of the renewable operating permit, if 3 or more years remain in the term of the

permit. The revision shall occur as expeditiously as practicable, but not later than 18

months after promulgation of the applicable requirement. A revision is not required if the

effective date of the new applicable requirement is later than the date on which the permit

is due to expire, unless the original permit or any of its terms and conditions has been

extended beyond the effective date of the new applicable requirement pursuant to

subrule (1)(a) of this rule.

(ii) To incorporate new applicable standards and requirements for affected sources

pursuant to title IV of the clean air act.

(iii) If the department determines that the permit contains a material mistake, that

information required by any applicable requirement was omitted, or that inaccurate

statements were made in establishing the emission limitations or standards or the terms

and conditions of the permit.

(iv) If the department determines that the permit must be revised to ensure

compliance with the applicable requirements.

(b) Proceedings to reopen and issue a revised renewable operating permit shall

follow the same procedures, including the procedures for public participation and for

review by affected states and the United States environmental protection agency, and the

same provisions for appeal that apply to the initial issuance of a renewable operating

permit pursuant to R 336.1214. Any proceeding to reopen and issue a revised renewable

operating permit shall affect only those parts of the permit for which cause to reopen

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exists. The department shall reopen a renewable operating permit as expeditiously as

possible after it discovers that cause exists to reopen.

(c) The department shall not initiate a reopening of a renewable operating permit

pursuant to subrule (2)(a) of this rule before providing a notice of intent to reopen the

renewable operating permit to the owner or operator of the stationary source. The notice

shall be provided not less than 30 days in advance of the date that the renewable

operating permit is to be reopened and shall specify the reasons for the reopening.

History: 1995 AACS; 2012 AACS; 2016 AACS.

R 336.1218 General renewable operating permits.

Rule 218. (1) The department may, after notice and opportunity for public

participation and review by affected states and the United States environmental

protection agency consistent with R 336.1214(3), (4), and (6), issue a general renewable

operating permit covering numerous similar stationary sources. Any general renewable

operating permit shall comply with all requirements applicable to other renewable

operating permits and shall identify criteria by which stationary sources may qualify for

the general renewable operating permit. The department shall grant the terms and

conditions of the general renewable operating permit to stationary sources that qualify.

Notwithstanding the permit shield provisions of R 336.1213(6), the owner or operator of

a stationary source shall be subject to enforcement action for operation without a

renewable operating permit if the department later determines that the stationary source

does not qualify for the general renewable operating permit. The department shall not

authorize general renewable operating permits for affected sources under the acid rain

program, unless otherwise provided in regulations promulgated under title IV of the clean

air act.

(2) The owner or operator of a stationary source that meets the criteria specified in

R 336.1211 and who would qualify for a general renewable operating permit issued by

the department pursuant to subrule (1) of this rule, shall either apply to the department for

coverage under the terms of the general renewable operating permit or apply for a

renewable operating permit consistent with R 336.1210. The department may, in the

general renewable operating permit, provide for applications that deviate from the

administrative completeness requirements of section 5507 of the act, if the applications

meet the requirements of title V of the clean air act and include all information necessary

to determine qualification for, and to assure compliance with, the general renewable

operating permit. Without repeating the public participation and review by affected

states and the United States environmental protection agency required under

R 336.1214(3), (4), and (6), the department may grant a request by a person for

authorization to operate under a general renewable operating permit, but the granting

shall not be a final permit action for purposes of judicial review.

History: 1995 AACS; 2016 AACS.

R 336.1219 Amendments for change of ownership or operational control.

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Rule 219. (1) A person may notify the department, in writing, of a change in

ownership or operational control of a stationary source or emission unit authorized by a

permit to install or a permit to operate. The notification shall include all of the following

information:

(a) A description of the stationary source or emission unit affected by the change

and a listing of the permits involved in the request.

(b) An identification of the new owner or operator and a specific date for the transfer

of responsibility, coverage, and liability.

(c) A written statement by the new owner or operator of the stationary source or

emission unit that the terms and conditions of the permit to install or permit to operate are

understood and accepted. Acceptance of the terms and conditions of a permit does not

affect the person's ability to subsequently request a modification to the permit to install or

permit to operate pursuant to R 336.1201. The new owner or operator shall also notify

the department of any change in the contact person regarding the permit.

(2) A change in ownership or operational control of a stationary source or emission

unit covered by a renewable operating permit shall be made pursuant to R 336.1216(1).

History: 1995 AACS; 2003 AACS; 2008 AACS; 2016 AACS.

R 336.1220 Rescinded.

History: 1980 AACS; 1981 AACS; 1988 AACS; 1990 AACS; 1993 AACS; 2003 AACS; rescinded

2008 AACS.

R 336.1221 Rescinded.

History: 1980 AACS; 1990 AACS.

R 336.1224

Best available control technology for toxics (T-BACT);

requirements for new and modified sources of air toxics; exemptions.

Rule 224. (1) A person who is responsible for any proposed new or modified

emission unit or units for which an application for a permit to install is required by R

336.1201 and which emits a toxic air contaminant shall not cause or allow the emission

of the toxic air contaminant from the proposed new or modified emission unit or units in

excess of the maximum allowable emission rate based on the application of best available

control technology for toxics (T-BACT), except as provided in subrule (2) of this rule.

(2) The requirement for T-BACT in subrule (1) of this rule does not apply to any of

the following:

(a) An emission unit or units for which standards have been promulgated under

section 112(d) of the clean air act or for which a control technology determination has

been made under section 112(g) or 112(j) for any of the following:

(i) The hazardous pollutants listed in section 112(b) of the clean air act.

(ii) Other toxic air contaminants that are volatile organic compounds, if the

standard promulgated under section 112(d) of the clean air act or the determination made

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under sections 112(g) or 112(j) controls similar compounds that are also volatile organic

compounds.

(iii) Other toxic air contaminants that are particulate matter, if the standard

promulgated under section 112(d) of the clean air act or the determination made under

section 112(g) or 112(j) controls similar compounds that are also particulate matter.

(b) An emission unit or units that is in compliance with all of the following:

(i) The maximum allowable emissions of each toxic air contaminant from the

proposed new or modified emission unit or units is 0.1 pound per hour or less for a

carcinogen or 1.0 pound per hour or less for any other toxic air contaminant.

(ii) The applicable initial threshold screening level for the toxic air contaminant is

more than 200 micrograms per cubic meter.

(iii) The applicable initial risk screening level is more than 0.1 micrograms per

cubic meter.

(c) An emission unit or units which only emits toxic air contaminants that are

particulates or volatile organic compounds and which is in compliance with best available

control technology requirements, including R 336.1702, or lowest achievable emission

rate requirements for particulates and volatile organic compounds.

(d) Engines, turbines, boilers and process heaters burning solely natural gas, diesel

fuel (No. 2 fuel oil), or biodiesel, of up to 100 MMBTU per hour, provided that the

effective stack is vertical and unobstructed and is at least 1.5 times the building height,

and the building setback is at least 100 feet from the property line.

(e) Natural gas fuel burning equipment or natural gas fired equipment that meet all

the following:

(i) A maximum natural gas usage rate of 50,000 cubic feet per hour or less.

(ii) Emissions from the source are discharged from an unobstructed stack oriented

vertically upwards.

(iii) With a stack height at least 1.5 times the height of the building most

influential in determining the predicted ambient impacts of the emissions.

(f) Air pollution control equipment that combusts only natural gas as fuel.

History: 1998-2000 AACS; 2016 AACS; 2019 AACS.

R 336.1225 Health-based screening level requirements for new or modified

sources of air toxics.

Rule 225. (1) A person who is responsible for any proposed new or modified

emission unit or units for which an application for a permit to install is required by R

336.1201 and which emits a toxic air contaminant shall not cause or allow the emission

of the toxic air contaminant from the proposed new or modified emission unit or units in

excess of the maximum allowable emission rate which results in a predicted maximum

ambient impact that is more than the initial threshold screening level or the initial risk

screening level, or both, except as provided in subrules (2) and (3) of this rule and in R

336.1226.

(2) As an alternative to complying with the initial risk screening level in subrule (1)

of this rule, a person may instead demonstrate compliance with the secondary risk

screening level. For the purpose of complying with the secondary risk screening level,

the total allowable emissions of the carcinogen from the proposed new or modified

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emission unit or units and all existing emission units at the stationary source shall not

result in a maximum ambient impact that is more than the secondary risk screening level.

(3) If the ambient impacts of a carcinogen occur on industrial property or public

roadways, as an alternative to complying with subrule (1) or (2) of this rule, a person may

instead demonstrate compliance with either of the following provisions:

(a) The maximum allowable emission rate of the carcinogen from the proposed new

or modified emission unit or units results in ambient impacts that meet both of the

following requirements:

(i) The maximum ambient impact on industrial property or public roadways is less

than or equal to the initial risk screening level multiplied by a factor of 10.

(ii) The maximum ambient impact on all property that is not industrial or a public

roadway is less than or equal to the initial risk screening level.

(b) The total allowable emissions of the carcinogen from the proposed new or

modified emission unit or units and all existing emission units at the stationary source

result in ambient impacts that meet both of the following requirements:

(i) The maximum ambient impact on industrial property or public roadways is less

than or equal to the secondary risk screening level multiplied by a factor of 10.

(ii) The maximum ambient impact on all property that is not industrial or a public

roadway is less than or equal to the secondary risk screening level.

(4) Any owner or operator who utilizes the alternative criteria provided in subrule

(3) of this rule shall notify the department if a change in land use occurs for property

determined to be industrial or a public roadway. The notification shall be submitted to

the department within 30 days of the actual land use change. Within 60 days of the land

use change, the owner or operator shall submit to the department a plan for complying

with the requirements of subrule (1) of this rule. The plan shall require compliance with

subrule (1) of this rule not later than 1 year after the due date of the plan submittal.

(5) For the purposes of this rule, industrial property includes only property where the

activities are industrial in nature, for example, manufacturing, utilities, industrial research

and development, or petroleum bulk storage. The term industrial property does not

include farms or commercial establishments.

(6) For the purpose of subrules (1), (2), and (3) of this rule, both of the following

provisions apply:

(a) All polychlorinated dibenzodioxins and dibenzofurans shall be considered as 1

toxic air contaminant, expressed as an equivalent concentration of

2,3,7,8-tetrachlorodibenzo-p-dioxin, based upon the relative potency of the isomers

emitted from the emission unit or units.

(b) If 2 or more toxic air contaminants are present and known to result in

toxicological interaction, then the interactive effects shall be considered in establishing

initial threshold screening levels, initial risk screening levels, and secondary risk

screening levels.

History: 1998-2000 AACS; 2016 AACS.

R 336.1226 Exemptions from health-based screening level requirement.

Rule 226. The health-based screening level requirement provided in R 336.1225(1)

does not apply to any of the following:

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(a) Emissions of a toxic air contaminant that meet both of the following

requirements:

(i) The emission rate is less than 10 pounds per month and 0.14 pound per hour.

(ii) The toxic air contaminant is not a carcinogen or a high concern toxic air

contaminant listed in Table 20.

Table 20. List of High Concern Toxic Air Contaminants

CHEMICAL NAME

CAS NUMBER

2,4,6-trinitrotoluene (TNT)

2-diethylaminoethanol

Acrolein

118-96-7

100-37-8

107-02-8

107-05-1

532-27-4

9000-90-2

allyl chloride

alpha chloroacetophenone

alpha-amylase

antimony compounds¹

Arsine

7784-42-1

barium compounds¹

Biphenyl

92-52-4

Bromine

chlorine dioxide

7726-95-6

10049-04-4

302-22-7

2921-88-2

chlormadinone acetate

chlorpyrifos

cobalt compounds¹

Colophony

8050-09-7

96-12-8

818-08-6

62-73-7

dibromochloropropane

dibutyltin oxide

Dichlorvos

diisocyanate compounds^1,2

dimethyl sulfate

77-78-1

glutaraldehyde

111-30-8

halogenated dimethylhydantoin compounds³

isocyanate compounds^1,4

maleic anhydride

108-31-6

manganese compounds¹

melengesterol acetate

mercury compounds¹

octachlorostyrene

2919-66-6

29082-74-7

20816-12-0

608-93-5

osmium tetroxide

pentachlorobenzene

platinum soluble salt

selenium compounds¹

Subtilisins (proteolytic enzymes)⁵

sulfuric acid (including sulfur trioxide and

7440-06-4

7664-93-9

oleum)

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CHEMICAL NAME

CAS NUMBER

1314-62-1

tetrachlorobenzene compounds⁶

thallium compounds¹

Vanadium pentaoxide

1

These listings include any unique chemical substance that contains the named

chemical (for example, antimony, barium, cobalt, diisocyanate, isocyanate, manganese,

mercury, selenium, and thallium) as part of the chemical structure.

2

Diisocyanate compounds include compounds with 2 of the isocyanate functional

groups (-CNCO).

3

Halogenated dimethylhydantoin compounds includes those compounds with a

hydantoin infrastructure (NHCONHCOCH2) substituted by 2 methyl groups at the

5 position on the ringed structure and halogens at the 1 or 3 position or the 1 and 3

position.

4

Isocyanate compounds includes compounds with 1 or more of the isocyanate

functional groups (CNCO).

⁵Subtilisins (proteolytic enzymes) includes any members of the group of proteolytic

enzymes derived from Bacillus subtilis or closely related organisms.

⁶Tetrachlorobenzenes includes compounds that consist of a benzene ring substituted

with 4 chlorine atoms.

(b) An emission unit or units for which standards have been promulgated under

section 112(f) of the clean air act for hazardous air pollutants listed under section 112(b)

of the clean air act.

(c) Air contaminants and emission units that are regulated by the following national

emission standards for hazardous air pollutants, 40 C.F.R. part 61:

(i) Subpart B, National emission standard for radon emissions from underground

uranium mines.

(ii) Subpart C, National emission standards for beryllium.

(iii) Subpart D, National emission standard for beryllium rocket motor firing.

(iv) Subpart E, National emission standard for mercury.

(v) Subpart F, National emission standard for vinyl chloride.

(vi) Subpart H, National emission standard for emissions of radionuclide from

department of energy facilities.

(vii) Subpart I, National emission standard for radionuclide emissions from federal

facilities other than nuclear regulatory commission licensees and not covered by subpart

H.

(viii) Subpart J, National emission standard for equipment leaks (fugitive emission

sources) of benzene.

(ix) Subpart K, National emission standard for radionuclide emissions from

elemental phosphorus plants.

(x) Subpart L, National emission standard for benzene emissions from coke by-

product recovery plants.

(xi) Subpart M, National emission standard for asbestos.

(xii) Subpart N, National emission standard for inorganic arsenic emissions from

glass manufacturing plants.

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(xiii) Subpart O, National emission standard for inorganic arsenic emissions from

primary copper smelters.

(xiv) Subpart P, National emission standard for inorganic arsenic emissions from

arsenic trioxide and metallic arsenic production facilities.

(xv) Subpart V, National emission standard for equipment leaks (fugitive emission

sources).

(xvi) Subpart W, National emission standard for radon emissions from licensed

uranium mill tailings.

(xvii) Subpart Y, National emission standard for benzene emissions from benzene

storage vessels.

(xviii) Subpart BB, National emission standards for benzene emissions from

benzene transfer operations.

(xix) Subpart FF, National emission standards for benzene waste operations.

(d) Emissions of a toxic air contaminant if it is demonstrated, on a case-by-case

basis, to the satisfaction of the department, that the proposed new or modified emission

unit or units will not cause or contribute to a violation of the provisions of R 336.1901.

The demonstration shall include all relevant scientific information such as the following:

(i) All available information on the health effects of the toxic air contaminant.

(ii) The levels at which adverse health or environmental effects have occurred.

(iii) Net air quality benefits that would occur as a result of replacing an existing

facility.

(iv) Actual exposure levels and duration of exposure.

(v) The uncertainty in data or analysis.

(vi) Other supporting information requested by the department.

(e) Engines, turbines, boilers, and process heaters burning solely natural gas, diesel

fuel (No. 2 fuel oil), or biodiesel, of up to 100 MMBTU per hour, provided that the

effective stack is vertical and unobstructed and is at least 1.5 times the building height,

and the building setback is at least 100 feet from the property line.

(f) Natural gas fuel burning equipment or natural gas fired equipment that meet all

the following:

(i) A maximum natural gas usage rate of 50,000 cubic feet per hour or less.

(ii) Emissions from the source are discharged from an unobstructed stack oriented

vertically upwards.

(iii) With a stack height at least 1.5 times the height of the building most influential

in determining the predicted ambient impacts of the emissions.

(g) Air pollution control equipment that combusts only natural gas as fuel.

History: 1998-2000 AACS; 2016 AACS; 2019 AACS.

Editor's Note: An obvious error in R 336.1226 was corrected at the request of the promulgating

agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule

containing the error was published in Michigan Register, 2019 MR 1. The memorandum requesting the

correction was published in Michigan Register, 2019 MR 1.

R 336.1227 Demonstration of compliance with health-based screening level.

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Rule 227. (1) Compliance with the health-based screening level provisions of

R 336.1225 shall be determined by any of the following:

(a) The emission rate of each toxic air contaminant is not greater than the rates

determined from the algorithms in table 21. If table 21 provides 2 allowable emission

rates for a screening level specific averaging time, then compliance with both emission

rates is required.

Table 21. Algorithms for determining allowable emission rates (AER)

Screening

Level

Averaging Time

Monthly

(SL) Emission

24 Hour Emission

8 Hour Emission

1 Hour Maximum

Rate Rate (pounds per 24 Rate (pounds per 8 Emission Rate (pounds

(pounds per month)^1,2hours)^1,3

SL X 40 = AER

hours)^1,4

per hour)^1,5

SL X 0.54 = AER

Annual

24 hours

8 hours

1 hour

SL X 0.12 = AER

SL X 0.05 = AER

SL X 0.02 = AER

SL X 0.001 = AER

SL X 0.02 = AER

¹All screening levels (SL) are in units of g / m³.

lbs / month

g / m³

²The constant value of 40 is in units of

.

lbs / 24hours

g / m³

³The constant value of 0.12 is in units of

⁴The constant value of 0.02 is in units of

.

lbs / 8hours

.

g / m³

lbs / hour

g / m³

⁵The constant values of 0.54, 0.05, 0.02, and 0.001 are in units of

.

(b) The emission rate of each toxic air contaminant is not greater than the rate

determined from the AIR matrix screening methodology in table 22 or determined by any

other screening method approved by the department.

(c) The maximum ambient impact of each toxic air contaminant is less than the

applicable screening level (initial threshold screening level, initial risk screening level, or

secondary risk screening level) determined using the maximum hourly emission rate in

accordance with the provisions of R 336.1240 or R 336.1241, or both.

(2) For intermittent emissions, the average emission rate may be used to determine

the allowable emission rate in subrule (1)(b) of this rule or the maximum ambient impact

in subrule (1)(c) of this rule, if the average rate is not less than 10% of the maximum

hourly rate. An average rate that is less than 10% of the maximum rate may only be used

if the applicant can demonstrate, to the satisfaction of the department, that the proposed

new or modified emission unit or units will not cause or contribute to peak exposures that

may result in a violation of the provisions of R 336.1901. Intermittent emissions are

emissions that are not allowed to be emitted continuously for the entire length of the time

specified in the averaging time for the appropriate screening level.

(3) Table 22 description:

(a) The ambient impact ratio (AIR) matrix enables the determination of an emission

rate of a toxic air contaminant that would cause a maximum predicted ambient air impact

equal to a screening level. This emission rate is derived by multiplying the screening

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level by the appropriate AIR value. Emission rates that do not exceed that rate are

determined to be in compliance with the health-based screening level under R 336.1225.

(b) Use of the AIR matrix requires information pertinent to the dispersion

characteristics of the emission source, namely, the distance to the nearest secured

property line and the height of the stack and the influential building. The AIR matrix

shall not be used if any of the following provisions apply:

(i) The stack height is less than 10 feet.

(ii) The influential building height is more than 100 feet.

(iii) There are terrain elevations that are more than 25% of the discharging stack

height within a distance of 500 feet from the stack.

(iv) The analysis of elevated receptors, for example, hospital air intakes.

(c) Instructions for the use of the AIR matrix are as follows:

(i) Determine the height of the discharging stack from ground level in feet (H_s).

(ii) Determine the height of the influential building in feet (H_b) by first identifying

all buildings, including buildings on-site and off-site, located within a distance of 5 times

their height from the discharging stack. Next, determine which building is the highest.

This is the influential building, with height (H_b) in feet. If the stack is not attached to a

building, assume a building height 2.5 times lower than the stack height.

(iii) Determine the ratio of the stack height to the influential building height by

dividing the stack height, in feet, by the influential building height, in feet, H_s/H_b.

(iv) Determine the minimum distance, in feet, from the discharging stack to the

secured property line. If there is no secured property line, then a distance of 25 feet is

used.

(v) Determine the appropriate value from the AIR matrix by selecting the column

with the appropriate influential building height and H_s/H_bratio, and selecting the row

with the appropriate minimum distance to the secured property line. If the influential

building height is between values in the column headings, then use the lower value or

interpolate between values in the column headings. If H_sis less than H_b, then set the

influential building height equal to the stack height and use the 1.25 H_s/H_bcolumn. If

H_s/H_bis between 1 and 1.25, then select the 1.25 column. If H_s/H_bis between 1.25 and

1.75, then use the 1.25 column or interpolate between the 1.25 and 1.75 columns. If

H_s/H_bis between 1.75 and 2.5, then use the 1.75 column or interpolate between the 1.75

and 2.5 columns. If H_s/H_bis greater than or equal to 2.5, then use the 2.5 column. If the

minimum distance to the secured property line is between 2 distances in the row

headings, then use the lower value, for example, if the distance is 250 feet, then use the

200 foot distance row in the matrix.

(d) The value derived from the body of the matrix is the ratio of the annual averaged

hourly emission rate divided by the maximum annual ambient impact, in units of

(lbs/hr)/(ug/m³). This value is the annual AIR.

(e) The annual AIR is adjusted as necessary for shorter averaging times, consistent

with the averaging times for the screening levels. This adjustment is done as follows:

24-hr AIR (lbs/hr)/(ug/m³) = annual AIR x 0.091.

8-hr AIR (lbs/hr)/(ug/m³) = annual AIR x 0.046.

1-hr AIR (lbs/hr)/(ug/m³) = annual AIR x 0.02.

(f) Determine the maximum emission rate that would comply with the health-based

screening level and averaging time by multiplying the screening level, in ug/m³, by the

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AIR value for the appropriate averaging time. The result is the highest emission rate,

averaged over the averaging time period, that would be in compliance with the screening

level. If a source’s maximum hourly emission rate does not exceed this, then the

screening level would not be exceeded. If the emission is intermittent, then the emission

rate can be averaged over the applicable averaging time as long as the averaged emission

rate is not less than 10% of the maximum hourly emission rate, as specified in

R 336.1227(2).

(g) In the special case of toxic air contaminant emissions from multiple stacks,

determine the AIR value for each stack and select the lowest value among them. Then

proceed as in subdivision (f) of this subrule.

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Table 22. Ambient Impact Ratio (AIR) Matrix

Annual Averaged Hourly Emission Rate Ambient Impact Ratios in Units of (lbs/hr)/(g/m³) for Toxic Air Contaminants with

Annual Averaged Screening Levels

BLDG HT (ft)

H_s/ H_b

Stack Height->

10

1.75

17.5

20

1.75

35.0

30

1.75

52.5

40

1.75

70.0

50

1.75

87.5

1.25

12.5

2.50

25.0

1.25

25.0

2.50

50.0

1.25

37.5

2.50

75.0

1.25

50.0

2.50

100.0

1.25

62.5

2.50

125.0

D

I

S

T

A

N

C

E

25

50

75

0.0085 0.022 0.159 0.032 0.084 0.679 0.075 0.220 1.603

0.0087 0.022 0.159 0.032 0.084 0.679 0.075 0.220 1.603

0.0096 0.022 0.159 0.032 0.084 0.679 0.075 0.220 1.603

0.152 0.421 2.941

0.157 0.421 2.941

0.174 0.421 2.941

0.200 0.421 2.941

0.243 0.505 2.941

0.287 0.588 2.941

0.328 0.664 2.941

0.370 0.740 2.941

0.411 0.812 2.941

0.452 0.883 2.959

0.654 1.214 3.521

0.861 1.534 3.731

0.263 0.736 4.630

0.266 0.736 4.630

0.282 0.736 4.630

0.312 0.736 4.630

0.351 0.743 4.630

0.409 0.838 4.630

0.468 0.951 4.717

0.528 1.064 4.803

0.585 1.168 4.854

0.644 1.276 4.950

0.924 1.761 5.376

1.205 2.222 5.882

100

200

300

400

500

600

700

800

900

1000

1500

2000

0.011

0.020

0.030

0.040

0.051

0.063

0.075

0.089

0.103

0.119

0.209

0.311

0.023 0.159 0.033 0.084 0.679 0.075 0.220 1.603

0.040 0.159 0.042 0.084 0.679 0.082 0.220 1.603

0.053 0.178 0.059 0.113 0.679 0.099 0.221 1.603

0.065 0.171 0.077 0.140 0.679 0.126 0.268 1.603

0.077 0.189 0.094 0.164 0.679 0.153 0.318 1.603

0.091 0.222 0.112 0.188 0.746 0.181 0.368 1.603

0.104 0.241 0.130 0.211 0.812 0.208 0.413 1.603

0.119 0.257 0.148 0.235 0.768 0.235 0.459 1.608

0.134 0.264 0.167 0.258 0.770 0.261 0.502 1.672

0.151 0.272 0.187 0.282 0.800 0.289 0.545 1.786

0.245 0.318 0.290 0.406 1.080 0.428 0.756 1.953

0.350 0.383 0.408 0.539 1.256 0.573 0.965 2.304

F

T

BLDG HT (ft)

H_s/ H_b

Stack Height->

60

1.75

70

1.75

80

1.75

90

1.75

100

1.75

1.25

75.0

2.50

1.25

2.50

1.25

2.50

1.25

2.50

1.25

2.50

105.0 150.0 87.5

122.5 175.0 100.0 140.0 200.0

112.5 157.5 225.0

125.0 175.0 250.0

D

I

S

T

A

N

C

E

25

50

75

0.412

0.413

0.426

0.455

0.498

0.545

0.625

0.705

0.781

0.861

1.232

1.603

1.114 6.098 0.606 1.656 8.621 0.839 2.242 8.333

1.114 6.098 0.614 1.656 8.621 0.845 2.242 8.333

1.114 6.098 0.641 1.656 8.621 0.868 2.242 8.333

1.114 6.098 0.683 1.656 8.621 0.909 2.242 8.333

1.114 6.098 0.741 1.656 8.621 0.967 2.242 8.333

1.269 6.250 0.808 1.672 8.621 1.040 2.242 8.333

1.429 6.410 0.901 1.825 8.621 1.111 2.242 8.333

1.572 6.579 1.000 2.016 8.621 1.235 2.488 9.091

1.126 3.049 13.514 1.458 3.876 14.286

1.129 3.049 13.514 1.458 3.876 14.286

1.147 3.049 13.514 1.475 3.876 14.286

1.185 3.049 13.514 1.506 3.876 14.286

1.244 3.049 13.514 1.563 3.876 14.286

1.316 3.049 13.514 1.634 3.876 14.286

1.404 3.049 13.514 1.730 3.876 14.286

1.502 3.086 13.514 1.832 3.876 14.286

100

200

300

400

500

600

700

800

900

1000

1500

2000

F

T

1.724 6.849 1.101 2.203 9.091 1.359 2.732 10.000 1.634 3.289 13.514 1.931 3.876 14.286

2.404 7.042 1.577 3.106 9.615 1.953 3.846 11.905 2.358 4.505 15.152 2.778 5.208 16.129

3.049 7.353 2.041 3.968 9.615 2.525 4.808 12.821 3.049 5.618 16.129 3.597 6.494 18.519

History: 1998-2000 AACS; 2016 AACS.

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R 336.1228 Requirement for lower emission rate than required by best available

control technology for toxics (T-BACT) and health-based screening levels.

Rule 228. (1) The department may determine, on a case-by-case basis, that the

maximum allowable emission rate determined in R 336.1224(1) or R 336.1225(1) to (3)

does not provide adequate protection of human health or the environment. In this case,

the department shall establish a maximum allowable emission rate considering relevant

scientific information, such as exposure from routes other than direct inhalation,

synergistic or additive effects from other toxic air contaminants, and effects on the

environment. In performing these evaluations and determinations, the department shall

utilize relevant environmental data, land use, and exposure scenarios, and reasonably

anticipated environmental impacts and exposures from the proposed new or modified

emission unit or units.

(2) The director may determine on a case-by-case basis that an emission rate

limitation is needed for a non-toxic air contaminant for which there is no national

ambient air quality standard in order to ensure that air emissions do not cause injurious

effects to human health. The director shall make this case-by-case determination

subsequent to a presentation by the air quality division and the permit applicant that

utilizes relevant environmental data, land use, and exposure scenarios, and reasonably

anticipated environmental impacts and exposures from the proposed new or modified

emission unit or units. The department shall establish this emission rate consistent with

the provisions of R 336.1225, R 336.1227, and R 336.1229 or any other methodology

determined by the department to be more appropriate after an evaluation conducted under

R 336.1228(1).

History: 1998-2000 AACS; 2016 AACS.

R 336.1229 Methodology for determining health-based screening levels.

Rule 229. (1) The initial and secondary risk screening levels for a carcinogen shall

be determined by any of the following:

(a) The cancer risk assessment screening methodology contained in R 336.1231.

(b) The United States environmental protection agency guidelines for carcinogen

risk assessment, adopted by reference in R 336.1902.

(c) Any alternative cancer risk assessment methodology that can be demonstrated to

the department to be more appropriate based on biological grounds and that is supported

by the scientific data.

(2) The initial threshold screening level shall be determined by either of the

following:

(a) The methodology for determining the initial threshold screening level contained

in R 336.1232 or R 336.1233.

(b) Any alternative methodology to assess noncarcinogenic health effects that can be

demonstrated to the department to be more appropriate based on toxicological grounds

and that is supported by the scientific data.

History: 1998-2000 AACS; 2016 AACS.

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R 336.1230

Lists for toxic air contaminants health-based screening levels,

emission rate reviews, and T-BACT determinations.

Rule 230. (1) The department shall maintain the following information and make it

available on the department’s website:

(a) Toxic air contaminant names and chemical abstract service numbers and the

basis for determining each of the following screening levels:

(i) Initial threshold screening levels reviewed by the department.

(ii) Initial and secondary risk-based screening levels reviewed by the department.

(iii) For paragraphs (i) and (ii) of this subdivision, the date of the screening level

derivation, the algorithm used, the uncertainty factors used, a brief description of the best

available information for the screening level, and citations for the key studies and

information sources.

(b) Ambient concentrations for toxic air contaminants reviewed by the department

under R 336.1226(d) and R 336.1228, the applicable chemical abstract service number,

and the basis for any alternative concentration approved under these rules.

(c) T-BACT determinations reviewed by the department.

(2) The department shall make available on the department’s website the initial

established health-based screening levels for toxic air contaminants as follows:

(a) Within 60 days of the effective date of this rule, the department shall provide

notice of initial established health-based screening levels for toxic air contaminants and

accept comments on the screening levels for a period of 60 days.

(b) Within 180 days following the receipt of comments and full consideration

thereof, the department shall finalize and publish the health-based screening levels

together with a response to substantive comments received.

(c) The initial established health-based screening levels shall remain applicable until

the public review process described in this subrule is completed.

(3) After the health-based screening levels are finalized under subrule (2) of this

rule, the department may establish additions or changes to the health-based screening

levels as follows:

(a) Within 6 months of establishing any additions or changes to the screening levels,

the department shall make available on the department’s website any established

additions or changes to the screening levels and shall provide public notice of the action

and accept comments for a period of 30 days.

(b) Within 60 days following the receipt of comments and full consideration thereof,

the department shall publish a final decision and a response to substantive comments

received.

(c) The additions or changes to the screening levels established by subrule (3) of this

rule shall remain applicable until the public review process described in this subrule is

completed.

History: 1992 AACS; 1994 AACS; 1998-2000 AACS; 2016 AACS.

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R 336.1231 Cancer risk assessment screening methodology.

Rule 231. (1) The initial risk screening level (IRSL) and the secondary risk

screening level (SRSL) shall be determined as follows:

Where:

Inhalation unit risk = Additional lifetime cancer risk occurring in a population in

which all individuals are exposed continuously for life to a concentration of 1 microgram

per cubic meter of the chemical in the air they breathe.

1 x 10^-6= An upper bound lifetime cancer risk of 1 in 1,000,000.

1 x 10^-5=An upper bound lifetime cancer risk of 1 in 100,000.

(2) The following provisions apply to derivation of the inhalation unit risk:

(a) The inhalation unit risk value determined by the United States environmental

protection agency

(b) If the inhalation unit risk value has not been determined by the United States

environmental protection agency, then the inhalation unit risk value shall be determined

by the department according to the United States environmental protection agency

guidelines for carcinogen risk assessment and supplemental guidance for assessing

susceptibility from early-life exposure to carcinogens, adopted by reference in

R 336.1902.

(c) Equivalence between tissue doses in animals and humans, yielding equal lifetime

risks, shall be based on dosimetric adjustment factors to determine toxicokinetic or

toxicodynamic equivalence, according to the United States environmental protection

agency advances in inhalation gas dosimetry for derivation of a reference concentration

(RfC) and use in risk assessment, adopted by reference in R 336.1902.

(3) An annual average time period shall be used for the IRSL and SRSL.

IRSL

=

1 x 10^-6

Inhalation unit risk

SRSL

=

1 x 10^-5

Inhalation unit risk

History: 1992 AACS; 1998-2000 AACS; 2016 AACS.

R 336.1232 Methodology for determining initial threshold screening level.

Rule 232. (1) The initial threshold screening level (ITSL) for each toxic air

contaminant shall be determined as follows:

(a) If an inhalation reference concentration (RfC) can be determined from best

available information sources, then the ITSL equals the inhalation RfC.

(b) If an ITSL cannot be determined under the provisions of subdivision (a) of this

subrule and an oral reference dose (RfD) can be determined through best available

information and data are not available to indicate that oral route to inhalation route

extrapolation is inappropriate, then the ITSL is determined as follows:

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70 kg

20 m³

ITSL  Oral RfD x

(c) If an ITSL cannot be determined under the provisions of subdivision (a) or (b) of

this subrule and an occupational exposure level (OEL) exists for the toxic air

contaminant, then the ITSL is determined as follows:

ITSL = OEL divided by 100

Where the OEL is the lowest value of either the national institute of occupational

safety and health (NIOSH) recommended exposure level listed in the NIOSH pocket

guide to chemical hazards or the time-weighted average or ceiling threshold limit value

listed in the TLVs and BEIs. The NIOSH Pocket Guide to Chemical Hazards is adopted

by reference in R 336.1902. TLVs and BEIs. Threshold Limit Values for Chemical

Substances and Physical Agents, and Biological Exposure Indices, is adopted by reference

in R 336.1902.

(d) If an ITSL cannot be determined under the provisions of subdivision (a), (b), or

(c) of this subrule, then the ITSL may be determined from a 7-day, inhalation, no

observed adverse effect level (NOAEL) or lowest observable adverse effect level

(LOAEL) as follows:

hoursexposed perday

NOAEL

35 x100

LOAEL

ITSL 

x

24hoursperday

hoursexposed perday

ITSL 

x

35 x100 xUF

24hoursperday

Where:

UF = A value from 1 to 10 determined on a case-by-case basis, considering type and

severity of effect.

The ITSL may be determined on a case-by-case basis using NOAELs or LOAELs

from repeated dose studies other than 7-day studies.

(e) If an ITSL cannot be determined under the provisions of subdivision (a), (b), (c),

or (d) of this subrule, then the ITSL may be determined from a 7-day, oral, NOAEL or

LOAEL as follows:

NOAEL (mg / kg / day)

b

W _A

ITSL =

x

35 x 100

a

I _A

LOAEL

b

x

W _A

ITSL =

x

35 x 100 xUF

a

I _A

Where:

W_A= Body weight of experimental animal in kilograms (kg).

I_A= Daily inhalation rate of experimental animal in cubic meters/day.

b = Absorption efficiency by the oral route of exposure.

a = Absorption efficiency by the inhalation route of exposure.

UF = A value from 1 to 10 determined on a case-by-case basis, considering type and

severity of effect.

The ITSL may be determined on a case-by-case basis using NOAELs or LOAELs

from repeated dose studies other than 7-day studies.

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(f) If an ITSL cannot be determined under the provisions of subdivision (a), (b), (c),

(d), or (e) of this subrule, then the ITSL may be determined from an inhalation LC50 that

is 4 or more hours in duration as follows:

LC50

ITSL 

500x100

Where:

LC50 = A calculated concentration of a chemical in air to which exposure for a

specific length of time is expected to cause death in 50% of a defined experimental animal

population.

(g) If an ITSL cannot be determined under the provisions of subdivision (a), (b), (c),

(d), (e), or (f) of this subrule, then the ITSL may be determined from a 1-hour inhalation

LC50 as follows:

LC50

ITSL 

500x100x 40

(h) If an ITSL cannot be determined under the provisions of subdivision (a), (b), (c),

(d), (e), (f), or (g) of this subrule, then the ITSL may be determined from an animal oral

LD50 as follows:

1

LD50 (mg / kg) x

W _A

ITSL =

x

500 40 100

0.167 x

I _A

Where:

LD50 = The dose of a chemical that has been calculated to cause death in 50% of

a defined animal population.

W_A= Body weight of experimental animal in kilograms (kg).

I_A= Daily inhalation rate of experimental animal in cubic meters/day.

(i) If an initial threshold screening level cannot be determined under the provisions

of subdivision (a), (b), (c), (d), (e), (f), (g), or (h) of this subrule, then the initial threshold

screening level = 0.1 ug/m³.

(2) The averaging times to be used for ITSLs are as follows:

(a) If the ITSL is derived from an OEL as in subrule (1)(c) of this rule, then the

averaging time is 8 hours for ITSLs based on time-weighted average threshold limit

values or recommended exposure levels and 1 hour for ITSLs based on ceiling threshold

limit values or recommended exposure levels.

(b) If the ITSL is derived as in subrule (1)(a) or (b) of this rule, then the averaging

time is annual.

(c) If the ITSL is derived as in subrule (1)(d), (e), (f), (g), (h), or (i) of this rule, then

the averaging time is annual.

(d) The department may require shorter averaging times if necessary to provide

adequate protection from the acute effects of a toxic air contaminant.

History: 1992 AACS; 1998-2000 AACS; 2016 AACS.

Editor's Note: An obvious error in R 336.1232 was corrected at the request of the promulgating

agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule

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containing the error was published in Annual Administrative Code Supplement, 2016. The memorandum

requesting the correction was published in Michigan Register, 2020 MR 24.

R 336.1233 Methodology for determining initial threshold screening levels based

on acute data.

Rule 233. (1) An ITSL based on acute data shall be determined by either of the

following:

From short-term studies, as follow:

ITSL =

POD

X

hours exposed

AT

UF_hx UF_{A X}UF_L

Where:

POD = Point of Departure

UF_H= a value from 1 to 10 for average human to sensitive human extrapolation

UF_A= a value from 1 to 10 for animal to human extrapolation

UF_L= a value from 1 to 10 for LOAEL to NOAEL extrapolation

AT = Averaging time of 1, 8 or 24 hours

The POD is defined as the human equivalent concentration of any of the following:

NOAEL = no observed adverse effect level

LOAEL = lowest observed adverse effect level

BMDL = 95% lower confidence limit on the benchmark dose (BMD)

BMCL = 95% lower confidence limit on the benchmark concentration (BMC)

The BMD or BMC value is derived according to the United States environmental

protection agency benchmark dose technical guidance, adopted by reference in

R 336.1902. “Human equivalent concentration” is defined as an exposure concentration

for humans that has been adjusted for dosimetric differences between experimental

animal species and humans to be equivalent to the exposure concentration associated with

observed effects in the experimental animal species. If occupational human exposures

are used for extrapolation, the human equivalent concentration represents the equivalent

human exposure concentration adjusted to a continuous basis.

(b) The ITSL may be determined on a case-by-case basis using a POD from repeated

dose studies using any alternative methodology to assess acute health effects that can be

demonstrated to the department to be more appropriate based on toxicological grounds

and that is supported by the scientific data.

(2) The averaging times to be used for an acute ITSL will be 1, 8, or 24 hours, as

appropriate based on the data.

History: 2016 AACS.

R 336.1240 Required air quality models.

Rule 240. All air quality modeling demonstrations required by 40 C.F.R. §52.21,

adopted by reference in R 336.1902, or part 18 or 19 of these rules, or used to support or

amend the state implementation plan shall be made in accordance with the models and

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procedures in 40 C.F.R. §51.160(f) and appendix W to 40 C.F.R. part 51, adopted by

reference in R 336.1902.

History: 1980 AACS; 1989 AACS; 2003 AACS; 2008 AACS; 2016 AACS.

R 336.1241 Air quality modeling demonstration requirements.

Rule 241. All air quality modeling demonstrations required by the department that

are not subject to R 336.1240 shall follow the procedures and methods referenced in

R 336.1240, except the demonstration may be based on the maximum ambient predicted

concentration using the most recent calendar year of meteorological data from a

representative national weather service, federal aviation administration station, or site

specific measurement station.

History: 1980 AACS; 1989 AACS; 2003 AACS; 2008 AACS; 2016 AACS.

R 336.1277 New emission unit at facility with plantwide applicability limits;

exemption.

Rule 277. The owner or operator of a facility complying with an actuals plantwide

applicability limit, established pursuant to R 336.2823 or R 336.2907, may install a new

emissions unit without first obtaining a permit to install under R 336.1201, if all of the

following requirements are met:

(a) The new emission unit will not cause a meaningful change in the nature or

quantity of toxic air contaminants emitted from the stationary source unless the new

emission unit is otherwise exempt under R 336.1278 to R 336.1291. In determining

whether the new emissions unit will cause a meaningful change in the nature or quantity

of toxic air contaminants, the following shall apply:

(i) The owner or operator shall demonstrate to the department that a meaningful

change in the nature or quantity of toxic air contaminants has not occurred. The owner or

operator may devise its own method to perform this demonstration subject to approval by

the department. However, if the applicant demonstrates that all toxic air contaminants

from a new emission unit are within the levels specified in R 336.1226 or R 336.1227,

then a meaningful change in air contaminants has not occurred.

(ii) If, using the methods described in subdivision (a) of this rule, the owner or

operator determines that the installation of a new emission unit will cause a meaningful

change in the nature or quantity of toxic air contaminant emissions, then the owner or

operator shall obtain a state-only enforceable permit to install under R 336.1201(1)(b).

(iii) A copy of the demonstration required by subdivision (a) of this rule shall be

kept on site for the life of the new emission unit and made available to the department

upon request.

(b) The new emission unit will only emit regulated new source review pollutants, as

defined in R 336.2801(nn) and R 336.2901(ee), that are subject to a plantwide

applicability limit, unless the new emission unit is otherwise exempt under R 336.1278

to R 336.1291.

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(c) The new emission unit will not be a newly constructed or reconstructed major

source of hazardous air pollutants as defined in 40 C.F.R. §63.2 and subject to

§63.5(b)(3), national emission standard for hazardous air pollutants, adopted by reference

in R 336.1902.

(d) The installation of the new emission unit will not cause the violation of any other

applicable requirement.

(e) The owner or operator shall notify the department of the installation of a new

emission unit using the procedure in R 336.1215(3)(c).

History: 2008 AACS; 2016 AACS.

R 336.1278 Exclusion from exemption.

Rule 278. (1) The exemptions specified in R 336.1280 to R 336.1291 do not apply

to either of the following:

(a) Any activity that is subject to prevention of significant deterioration of air quality

regulations or new source review for major sources in nonattainment areas regulations.

(b) Any activity that results in an increase in actual emissions greater than the

significance levels defined in R 336.1119. For the purpose of this rule, "activity" means

the concurrent and related installation, construction, reconstruction, relocation, or

modification of any process or process equipment.

(2) The exemptions specified in R 336.1280 to R 336.1291 do not apply to the

construction of a new major source of hazardous air pollutants or reconstruction of a

major source of hazardous air pollutants, as defined in 40 C.F.R. §63.2 and subject to

§63.5(b)(3), national emission standards for hazardous air pollutants, adopted by

reference in R 336.1902.

(3) The exemptions specified in R 336.1280 to R 336.1291 do not apply to a

construction or modification as defined in and subject to 40 C.F.R. part 61, national

emission standards for hazardous air pollutants, adopted by reference in R 336.1902.

(4) The exemptions in R 336.1280 to R 336.1291 apply to the requirement to obtain

a permit to install only and do not exempt any source from complying with any other

applicable requirement or existing permit limitation.

History: 1993 AACS; 1994 AACS; 1995 AACS; 1996 AACS; 1997 AACS; 1998 AACS; 2003

AACS; 2008 AACS; 2016 AACS.

R 336.1278a Scope of permit exemptions.

Rule 278a. (1) To be eligible for a specific exemption listed in R 336.1280 to

R 336.1291, any owner or operator of an exempt process or exempt process equipment

must be able to provide information demonstrating the applicability of the exemption.

The demonstration may include the following information:

(a) A description of the exempt process or process equipment, including the date of

installation.

(b) The specific exemption being used by the process or process equipment.

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(c) An analysis demonstrating that R 336.1278 does not apply to the process or

process equipment.

(2) The demonstration required by this rule shall be provided within 30 days of a

written request from the department. Any other records required within a specific

exemption shall be provided within timeframes established within that specific

exemption.

History: 2003 AACS; 2016 AACS.

R 336.1279 Rescinded.

History: 1993 AACS; 1995 AACS; 2003 AACS.

R 336.1280 Permit to install exemptions; cooling and ventilating equipment.

Rule 280. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) Cold storage refrigeration equipment and storage of the refrigerant, including

cold storage equipment using anhydrous ammonia that has storage capacity of less than

500 gallons.

(b) Comfort air conditioning or comfort ventilating systems not designed or used to

remove air contaminants generated by, or released from, specific units of equipment.

(c) Natural draft hoods or natural draft ventilation not designed or used to remove air

contaminants generated by, or released from, specific units of equipment.

(d) Water-cooling towers and water-cooling ponds not used for evaporative cooling

of process water or not used for evaporative cooling of water from barometric jets or

from barometric condensers.

(e) Funeral home embalming processes and associated ventilation systems.

History: 1980 AACS; 1993 AACS; 1995 AACS; 2016 AACS.

R 336.1281 Permit to install exemptions; cleaning, washing, and drying

equipment.

Rule 281. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) Vacuum-cleaning systems used exclusively for industrial, commercial, or

residential housekeeping purposes.

(b) Equipment used for portable steam cleaning.

(c) Blast-cleaning equipment using a suspension of abrasive in water and any

exhaust system or collector serving them exclusively.

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(d) Portable blast-cleaning equipment equipped with appropriately designed and

operated enclosure and control equipment.

(e) Equipment used for washing or drying materials, where the material itself cannot

become an air contaminant, if no volatile organic compounds that have a vapor pressure

greater than 0.1 millimeter of mercury at standard conditions are used in the process and

no oil or solid fuel is burned.

(f) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water

solutions of bleach, detergents, or laundry products that do not contain volatile organic

compounds.

(g) Dry-cleaning equipment that has a capacity of 100 or less pounds of clothes.

(h) Cold cleaners that have an air/vapor interface of not more than 10 square feet.

(i) Sterilization equipment processing mercury-free materials at medical and

pharmaceutical facilities using steam, hydrogen peroxide, peracetic acid, or a

combination thereof.

(j) Portable blast-cleaning equipment used during construction to clean water tanks

or other structures that have not been previously coated, if both of the following apply:

(i) The tank or structure is not located closer than the lesser of 750 feet or 5 times

the height of the structure to the nearest residential, commercial, or public facility.

(ii) The abrasive media is a low dusting material that does not contain more than 5%

crystalline silica.

(k) Aqueous based parts washers.

History: 1980 AACS; 1992 AACS; 1993 AACS; 1995 AACS; 2003 AACS; 2008 AACS; 2016

AACS.

R 336.1282 Permit to install exemptions; furnaces, ovens, and heaters.

Rule 282. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) Any of the following processes or process equipment which are electrically

heated or which fire sweet gas fuel or no. 1 or no. 2 fuel oil at a maximum total heat input

rate of not more than 10,000,000 Btu per hour:

(i) Furnaces for heat treating or forging glass or metals, the use of that does not

involve ammonia, molten materials, oil-coated parts, or oil quenching.

(ii) Porcelain enameling furnaces or porcelain enameling drying ovens.

(iii) Kilns for firing ceramic ware.

(iv) Crucible furnaces, pot furnaces, or induction melting and holding furnaces that

have a capacity of 1,000 pounds or less each, in which sweating or distilling is not

conducted and in which fluxing is not conducted utilizing free chlorine, chloride or

fluoride derivatives, or ammonium compounds.

(v) Bakery ovens and confection cookers where the products are edible and intended

for human consumption.

(vi) Electric resistance melting and holding furnaces that have a capacity of not

more than 6,000 pounds per batch and 16,000 pounds per day, which melt only clean

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charge. Fluxing that results in the emission of any hazardous air pollutant shall not occur

in the furnace.

(b) Fuel-burning equipment which is used for space heating, service water heating,

electric power generation, oil and gas production or processing, or indirect heating and

which burns only the following fuels:

(i) Sweet natural gas, synthetic natural gas, liquefied petroleum gas, or a

combination thereof and the equipment has a rated heat input capacity of not more than

50,000,000 Btu per hour.

(ii) No. 1 and no. 2 fuel oils, distillate oil, the gaseous fuels specified in paragraph

(i) of this subdivision, or a combination thereof that contains not more than 0.40% sulfur

by weight and the equipment has a rated heat input capacity of not more than 20,000,000

Btu per hour.

(iii) Wood, wood residue, or wood waste that is not painted or treated with wood

preservatives, which does not contain more than 25% plywood, chipboard, particleboard,

and other types of manufactured wood boards, that is not contaminated with other waste

materials, and the equipment has a rated heat input capacity of not more than 6,000,000

Btu per hour.

(iv) Waste oil or used oil fuels that are generated on the geographical site and the

equipment has a rated heat input capacity of not more than 500,000 Btu per hour.

(c) Fuel-burning and refuse-burning equipment used in connection with a structure

that is designed and used exclusively as a dwelling for not more than 3 families.

(d) All residential cooking equipment.

(e) Equipment, including smokehouses, at restaurants and other retail or institutional

establishments that is used for preparing food for human consumption.

(f) Blacksmith forges.

(g) Sour gas-burning equipment, if the actual emission of sulfur dioxide does not

exceed 1 pound per hour.

History: 1980 AACS; 1992 AACS; 1993 AACS; 1995 AACS; 2003 AACS; 2016 AACS.

R 336.1283 Permit to install exemptions; testing and inspection equipment.

Rule 283. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) Pilot processes or pilot process equipment utilizing T-BACT used for any of the

following:

(i) Chemical analysis.

(ii) Physical analysis.

(iii) Empirical research.

(iv) Theoretical research.

(v) The development of process or process equipment design and operating

parameters.

(vi) The production of a product for field testing.

(vii) The production of a product for clinical testing of pharmaceuticals.

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(viii) The production of a product for use as a raw material in the research and

development of a different product.

(b) Laboratory equipment.

(c) Equipment used for hydraulic or hydrostatic testing.

(d) Equipment for the inspection of metal, wood, or plastic products.

(e) Vacuum pumps for the leak-testing of metal products using helium or nitrogen

gas.

(f) Process sample valves used to collect material exclusively for testing and

inspection.

(3) The pilot processes and pilot process equipment excluded from the requirement

of R 336.1201(1) pursuant to the provisions of subrule (2)(a) of this rule do not include

pilot processes or pilot process equipment used for any of the following:

(a) The production of a product for sale, unless such sale is only incidental to the use

of the pilot process or pilot process equipment.

(b) The repetitive production of a product using the same process or process

equipment design and operating parameters.

(c) The production of a product for market testing or market development.

(d) The treatment or disposal of waste which is designated, by listing or specified

characteristic, as hazardous under federal regulations or state rules.

History: 1980 AACS; 1992 AACS; 1995 AACS; 1997 AACS; 2016 AACS.

R 336.1284 Permit to install exemptions; containers.

Rule 284. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

containers, reservoirs, or tanks used exclusively for any of the following:

(a) Dipping or storage operations for coating objects with oils, waxes, greases, or

natural or synthetic resins containing no organic solvents.

(b) Storage of butane, propane, or liquefied petroleum gas in a vessel that has a

capacity of less than 40,000 gallons.

(c) Storage and surge capacity of lubricating, hydraulic, and thermal oils and indirect

heat transfer fluids.

(d) Storage of no. 1 to no. 6 fuel oils as specified in ASTM D396, gas turbine fuel

oils No. 2-GT to 4-GT as specified in ASTM D2880, aviation gas as specified in ASTM

D910, jet fuels as specified in ASTM D1655, diesel fuel oils no. 2-D and 4-D as specified

in ASTM D975, or biodiesel fuel oil and blends as specified in ASTM D6751 and ASTM

D7467. The ASTM methods are adopted by reference in R 336.1902.

(e) Storage of sweet crude or sweet condensate in a vessel that has a capacity of less

than 40,000 gallons.

(f) Storage of sour crude or sour condensate in a vessel that has a capacity of less

than 40,000 gallons if vapor recovery or its equivalent is used to prevent the emission of

vapors to the atmosphere.

(g) Storage and handling equipment for gasoline, gasoline blends including ethanol,

diesel fuel, or natural gas as follows:

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(i) Loading facilities handling less than 20,000 gallons per day for storage, mixing,

blending, and handling of gasoline, and/or gasoline/ethanol blends, or for diesel fuel

storage and handling.

(ii) Dispensing facilities for storage, mixing, blending and handling of gasoline

and/or gasoline/ethanol blends, for natural gas storage and handling, or for diesel fuel

storage and handling.

(iii) Equipment exclusively serving dynamometer facilities for gasoline and/or

gasoline/ethanol blends storage and handling, for natural gas storage and handling, or for

diesel fuel storage and handling.

(h) Storage and water dilution of aqueous solutions of inorganic salts, bases, and the

following acids:

(i) Sulfuric acid that is not more than 99% by weight.

(ii) Phosphoric acid that is not more than 99% by weight.

(iii) Nitric acid that is not more than 20% by weight.

(iv) Hydrochloric acid that is not more than 11% by weight.

(i) Storage, mixing, blending, or transfer operations of volatile organic compounds

or noncarcinogenic liquids in a vessel that has a capacity of not more than 40,000 gallons

where the contents have a true vapor pressure of not more than 1.5 psia at the actual

storage conditions.

(j) Pressurized storage of acetylene, hydrogen, oxygen, nitrogen, helium, and other

substances, excluding chlorine and anhydrous ammonia in a quantity of more than 500

gallons, that have a boiling point of 0 degrees Celsius or lower.

(k) Storage containers and transfer operations of noncarcinogenic solid material,

including silos, that only emit particulate matter and that are controlled with an

appropriately designed and operated fabric filter collector system or an equivalent control

system.

(l) Filling of noncarcinogenic liquids in shipping or storage containers that have

emissions that are released only into the general in-plant environment.

(m) Storage of wood and wood residues.

(n) Storage of methanol in a vessel that has a capacity of not more than 30,000

gallons.

History: 1980 AACS; 1992 AACS; 1993 AACS; 1995 AACS; 1997 AACS; 2003 AACS; 2008

AACS; 2016 AACS.

R 336.1285 Permit to install exemptions; miscellaneous.

Rule 285. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) Routine maintenance, parts replacement, or other repairs that are considered by

the department to be minor, or relocation of process equipment within the same

geographical site not involving any appreciable change in the quality, nature, quantity, or

impact of the emission of an air contaminant therefrom. Examples of parts replacement

or repairs considered by the department to be minor include the following:

(i) Replacing bags in a baghouse.

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(ii) Replacing wires, plates, rappers, controls, or electric circuitry in an

electrostatic precipitator that does not measurably decrease the design efficiency of the

unit.

(iii) Replacement of fans, pumps, or motors that does not alter the operation of a

source or performance of air pollution control equipment.

(iv) Boiler tubes.

(v) Piping, hoods, and ductwork.

(vi) Replacement of engines, compressors, or turbines as part of a normal

maintenance program.

(b) Changes in a process or process equipment which do not involve installing,

constructing, or reconstructing an emission unit and which do not involve any meaningful

change in the quality and nature or any meaningful increase in the quantity of the

emission of an air contaminant therefrom.

(i) Examples of such changes in a process or process equipment include, but are

not limited to, the following:

(A) Change in the supplier or formulation of similar raw materials, fuels, or

paints and other coatings.

(B) Change in the sequence of the process.

(C) Change in the method of raw material addition.

(D) Change in the method of product packaging.

(E) Change in temperature, pressure, or other similar operating parameters that

do not affect air cleaning device performance.

(F) Installation of a floating roof on an open top petroleum storage tank.

(G) Replacement of a fuel burner in a boiler with an equally or more thermally

efficient burner.

(H) Lengthening a paint drying oven to provide additional curing time.

(c) Changes in a process or process equipment that do not involve installing,

constructing, or reconstructing an emission unit and that involve a meaningful change in

the quality and nature or a meaningful increase in the quantity of the emission of an air

contaminant resulting from any of the following:

(i) Changes in the supplier or supply of the same type of virgin fuel, such as coal,

no. 2 fuel oil, no. 6 fuel oil, or natural gas.

(ii) Changes in the location, within the storage area, or configuration of a material

storage pile or material handling equipment.

(iii) Changes in a process or process equipment to the extent that such changes do

not alter the quality and nature, or increase the quantity, of the emission of the air

contaminant beyond the level which has been described in and allowed by an approved

permit to install, permit to operate, or order of the department.

(d) Reconstruction or replacement of air pollution control equipment with

equivalent or more efficient equipment.

(e) Installation, construction, or replacement of air pollution control equipment for

an existing process or process equipment for the purpose of complying with the national

emission standards of hazardous air pollutants regulated under section 112 of the clean

air act.

(f) Installation or construction of air pollution control equipment for an existing

process or process equipment if the control equipment itself does not actually generate a

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significant amount of criteria air contaminants as defined in R 336.1119(e) or a

meaningful increase in the quantity of the emissions of toxic air contaminants or a

meaningful change in the quality and nature of toxic air contaminants.

(g) Internal combustion engines that have less than 10,000,000 Btu/hour maximum

heat input.

(h) Vacuum pumps in laboratory or pilot plant operations.

(i) Brazing, soldering, welding, or plasma coating equipment.

(j) Portable torch cutting equipment that does not cause a nuisance or adversely

impact surrounding areas and is used for either of the following:

(i) Activities performed on a non-production basis, such as maintenance, repair,

and dismantling.

(ii) Scrap metal recycling and/or demolition activities that have emissions that are

released only into the general in-plant environment and/or that have externally vented

emissions equipped with an appropriately designed and operated enclosure and fabric

filter.

(k) Grain, metal, or mineral extrusion presses.

(l) The following equipment and any exhaust system or collector exclusively

serving the equipment:

(i) Equipment used exclusively for bending, forming, expanding, rolling, forging,

pressing, drawing, stamping, spinning, or extruding either hot or cold metals.

(ii) Die casting machines.

(iii) Equipment for surface preparation of metals by use of aqueous solutions,

except for acid solutions.

(iv) Atmosphere generators used in connection with metal heat treating processes.

(v) Equipment used exclusively for sintering of glass or metals, but not exempting

equipment used for sintering metal-bearing ores, metal scale, clay, flyash, or metal

compounds.

(vi) Equipment for carving, cutting, routing, turning, drilling, machining, sawing,

surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot

peening, or polishing ceramic artwork, leather, metals, graphite, plastics, concrete,

rubber, paper board, wood, wood products, stone, glass, fiberglass, or fabric which meets

any of the following:

(A) Equipment used on a nonproduction basis.

(B) Equipment that has emissions that are released only into the general in-plant

environment.

(C) Equipment that has externally vented emissions controlled by an

appropriately designed and operated fabric filter collector that, for all specified operations

with metal, is preceded by a mechanical precleaner.

(vii) Photographic process equipment by which an image is reproduced upon

material sensitized to radiant energy, including any of the following:

(A) Blueprint machines.

(B) Photocopiers.

(C) Mimeograph machines.

(D) Photographic developing processes.

(E) Microfiche copiers.

(viii) Battery charging operations.

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(ix) Pad printers.

(m) Lagoons, process water treatment equipment, wastewater treatment equipment,

and sewage treatment equipment, except for any of the following:

(i) Lagoons and equipment primarily designed to treat volatile organic compounds

in process water, wastewater, or groundwater, unless the emissions from the lagoons and

equipment are only released into the general in-plant environment.

(ii) Sludge incinerators and dryers.

(iii) Heat treatment processes.

(n) Livestock and livestock handling systems from which the only potential air

contaminant emission is odorous gas.

(o) Equipment for handling and drying grain on a farm.

(p) Commercial equipment used for grain unloading, handling, cleaning, storing,

loading, or drying in a column dryer that has a column plate perforation of not more than

0.094 inch or a rack dryer in which exhaust gases pass through a screen filter no coarser

than 50 mesh.

(q) Portable steam deicers that have a heat input of less than 1,000,000 Btu's per

hour.

(r) Equipment used for any of the following metal treatment processes if the

process emissions are only released into the general in-plant environment:

(i) Surface treatment.

(ii) Pickling.

(iii) Acid dipping.

(iv) Cleaning.

(v) Etching.

(vi) Electropolishing.

(vii) Electrolytic stripping or electrolytic plating.

(s) Emissions or airborne radioactive materials specifically authorized pursuant to a

United States nuclear regulatory commission license.

(t) Equipment for the mining, loading, unloading, and screening of uncrushed sand,

gravel, soil, and other inorganic soil-like materials.

(u) Solvent distillation and antifreeze reclamation equipment that has a rated batch

capacity of not more than 55 gallons.

(v) Any vapor vacuum extraction soil remediation process where vapor is treated in

a control device and all of the vapor is reinjected into the soil such that there are no

emissions to the atmosphere during normal operation.

(w) Air strippers controlled by an appropriately designed and operated dual stage

carbon adsorption or incineration system that is used exclusively for the cleanup of

gasoline, fuel oil, natural gas condensate, and crude oil spills., provided the following

conditions are met:

(i) For dual stage carbon adsorption, the first canister of the dual stage carbon

adsorption is monitored for breakthrough at least once every 2 weeks and replaced if

breakthrough is detected.

(ii) For incineration, a thermal oxidizer (incinerator) is operated at a minimum

temperature of 1,400 degrees Fahrenheit in the combustion chamber and a catalytic

oxidizer is operated at a minimum temperature of 600 degrees Fahrenheit at the inlet of

the catalyst bed. A temperature indication device which continually displays the

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operating temperature of the oxidizer must be installed, maintained, and operated in

accordance with the manufacturer’s specifications.

(x) Any asbestos removal or stripping process or process equipment.

(y) Ozonization process or process equipment.

(z) Combustion of boiler cleaning solutions that were solely used for or intended

for cleaning internal surfaces of boiler tubes and related steam and water cycle

components if the solution burned is not designated, by listing or specified characteristic,

as hazardous pursuant to federal regulations or state rules.

(aa) Landfills and associated flares and leachate collection and handling

equipment.

(bb) A residential, municipal, commercial, or agricultural composting process or

process equipment.

(cc) Gun shooting ranges controlled by appropriately designed and operated high-

efficiency particulate filters.

(dd) Equipment for handling, conveying, cleaning, milling, mixing, cooking,

drying, coating, and packaging grain-based food products and ingredients which meet

any of the following:

(i) Equipment is used on a nonproduction basis.

(ii) Equipment has emissions that are released only into the general in-plant

environment.

(iii) Equipment has externally vented emissions controlled by baghouse, cyclone,

rotoclone, or scrubber which is installed, maintained, and operated in accordance with the

manufacturer’s specifications or the owner or operator shall develop a plan that provides

to the extent practicable for the maintenance and operation of the equipment in the

manner consistent with good air pollution control practices for minimizing emissions.

The air cleaning device shall be equipped with a device to monitor appropriate indicators

of performance, for example, static pressure drop, water pressure, and water flow rate.

(ee) Open burning as specified in R 336.1310.

(ff) Fire extinguisher filling, testing, spraying, and repairing.

(gg) Equipment used for chipping, flaking, or hogging wood or wood residues that

are not demolition waste materials.

(hh) A process that uses only hand-held aerosol spray cans, including the

puncturing and disposing of the spray cans.

(ii) Fuel cells that use phosphoric acid, molten carbonate, proton exchange

membrane, or solid oxide or equivalent technologies.

(jj) Any vacuum truck used at a remediation site as a remedial action method, such

as non-emergency response, used in a manner described by any of the following:

(i) It is not used more than 2 days in a month without organic compound emission

control.

(ii) It is not used more than 6 days in a month and organic compound emissions

are controlled with at least 90% efficiency.

(iii) The composition of the material being removed is greater than 90% water.

(kk) Air sparging systems where the sparged air is emitted back to the atmosphere

only by natural diffusion through the contaminated medium and covering soil or other

covering medium.

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(ll) Air separation or fractionation equipment used to produce nitrogen, oxygen, or

other atmospheric gases.

(mm) Routine and emergency venting of natural gas from transmission and

distribution systems or field gas from gathering lines which meet any of the following:

(i) Routine or emergency venting of natural gas or field gas in amounts less than

or equal to 1,000,000 standard cubic feet per event. For purposes of this rule, an

emergency is considered an unforeseen event that disrupts normal operating conditions

and poses a threat to human life, health, property or the environment if not controlled

immediately.

(ii) Venting of natural gas in amounts greater than 1,000,000 standard cubic feet

for routine maintenance or relocation of transmission and distribution systems provided

that both of the following requirements are met:

(A) The owner or operator notifies the department prior to a scheduled pipeline

venting.

(B) The venting includes, at a minimum, measures to assure safety of employees

and the public, minimize impacts to the environment, and provide necessary notification

in accordance with the Michigan gas safety standards, the federal pipeline and hazardous

materials safety administration standards, and the federal energy regulatory commission

standards, as applicable.

(iii) Venting of field gas in amounts greater than 1,000,000 standard cubic feet for

routine maintenance or relocation of gathering pipelines provided that both of the

following are met:

(A) The owner or operator notifies the department prior to a scheduled pipeline

venting.

(B) The venting includes, at a minimum, measures to assure safety of employees

and the public, minimize impacts to the environment, and provide necessary notification

in accordance with the Michigan department of environmental quality, office of oil, gas

and minerals, and the Michigan public service commission standards, as applicable.

(iv) Emergency venting of natural gas or field gas in amounts greater than

1,000,000 standard cubic feet per event, provided that the owner or operator notifies the

pollution emergency alert system within 24 hours of an emergency pipeline venting. For

purposes of this rule, an emergency is considered an unforeseen event that disrupts

normal operating conditions and poses a threat to human life, health, property or the

environment if not controlled immediately.

(nn) Craft distillery operations if all of the following are met:

(i) Production of all spirits does not exceed 1,500 gallons per month, as produced.

(ii) Monthly production records are maintained on file for the most recent 5-year

period and are made available to the department upon request.

(oo) Equipment or systems, or both, used exclusively to mitigate vapor intrusion of

an indoor space that is not on the property where the release of the hazardous substance

occurred, and which has an exhaust that meets all of the following requirements:

(i) Unobstructed vertically upward.

(ii) At least 12 inches above the nearest eave of the roof or at least 12 inches

above the surface of the roof at the point of penetration.

(iii) More than 10 feet above the ground.

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(iv) More than 2 feet above or more than 10 feet away from windows, doors,

other buildings, and other air intakes.

(3) For the purposes of this rule, “meaningful” with respect to toxic air contaminant

emissions is defined as follows:

(a) “Meaningful change in the quality and nature” means a change in the toxic air

contaminants emitted that results in an increase in the cancer or non-cancer hazard

potential that is 10% or greater, or which causes an exceedance of a permit limit. The

hazard potential is the value calculated for each toxic air contaminant involved in the

proposed change, before and after the proposed change, and it is the potential to emit

(hourly averaging time) divided by the initial risk screening level or the adjusted annual

initial threshold screening level (ITSL), for each toxic air contaminant and screening

level involved in the proposed change. The adjusted annual ITSL is the ITSL that has

been adjusted as needed to an annual averaging time utilizing averaging time conversion

factors in accordance with the models and procedures in 40 C.F.R §51.160(f) and

Appendix W, adopted by reference in R 336.1902. The percent increase in the hazard

potential is determined from the highest cancer and non-cancer hazard potential before

and after the proposed change. The potential to emit before the proposed change is the

baseline potential to emit established in an approved permit to install application on or

after April 17, 1992, that has not been voided or revoked, unless it has been voided due to

incorporation into a renewable operating permit.

(b) “Meaningful increase in the quantity of the emission” means an increase in the

potential to emit (hourly averaging time) of a toxic air contaminant that is 10% or greater

compared to a baseline potential to emit, or which results in an increase in the cancer or

non-cancer hazard potential that is 10% or greater, or which causes an exceedance of a

permit limit. The baseline is the potential to emit established in an approved permit to

install application on or after April 17, 1992 that has not been voided or revoked, unless it

has been voided due to incorporation into a renewable operating permit.

History: 1979 AC; 1992 AACS; 1993 AACS; 1995 AACS; 1997 AACS; 2003 AACS; 2008 AACS;

2016 AACS; 2019 AACS.

Editor's Note: An obvious error in R 336.1285 was corrected at the request of the promulgating

agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule

containing the error was published in Annual Administrative Code Supplement, 2019. The memorandum

requesting the correction was published in Michigan Register, 2022 MR 2.

R 336.1286 Permit to install exemptions; plastic processing equipment.

Rule 286. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) Plastic extrusion, rotocasting, and pultrusion equipment and associated plastic

resin handling, storage, and drying equipment.

(b) Plastic injection, compression, and transfer molding equipment and associated

plastic resin handling, storage, and drying equipment.

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(c) Plastic blow molding equipment and associated plastic resin handling, storage,

and drying equipment if the blowing gas is 1 or more of the following gasses:

(i) Air.

(ii) Nitrogen.

(iii) Oxygen.

(iv) Carbon dioxide.

(v) Helium.

(vi) Neon.

(vii) Argon.

(viii) Krypton.

(ix) Xenon.

(d) Plastic thermoforming equipment.

(e) Reaction injection molding (open or closed mold) and slabstock/casting

equipment.

(f) Plastic welding.

History: 1993 AACS; 1995 AACS; 1997 AACS; 2016 AACS.

R 336.1287 Permit to install exemptions; surface coating equipment.

Rule 287. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) An adhesive coating line which has an application rate of less than 2 gallons per

day and which has emissions that are released only into the general in-plant environment.

(b) A surface coating process that uses only hand-held aerosol spray cans, including

the puncturing and disposing of the spray cans, or other coatings that are manually

applied from containers not to exceed 8 ounces in size.

(c) A surface coating line if all of the following conditions are met:

(i) The coating use rate is not more than 200 gallons, as applied, minus water, per

month.

(ii) Any exhaust system that serves only coating spray equipment is supplied with a

dry filter control or water wash control which is installed, maintained, and operated in

accordance with the manufacturer’s specifications, or the owner or operator develops a

plan which provides to the extent practicable for the maintenance and operation of the

equipment in a manner consistent with good air pollution control practices for

minimizing emissions.

(iii) Monthly coating use records are maintained on file for the most recent 2-year

period and are made available to the department upon request.

(d) A powder coating booth and associated ovens, where the booth is equipped with

fabric filter control. The fabric filter control shall be installed, maintained, and operated

in accordance with the manufacturer’s specifications or the owner or operator shall

develop a plan that provides to the extent practicable for the maintenance and operation

of the equipment in a manner consistent with good air pollution control practices for

minimizing emissions.

(e) A silkscreen process.

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(f) Replacement of waterwash control in a paint spray booth with dry filter control.

(g) Adding dry filters to paint spray booths.

(h) Replacement of a coating applicator system with a coating applicator system that

has an equivalent or higher design transfer efficiency, unless the change is specifically

prohibited by a permit condition.

(i) Equipment that is used for the application of a hot melt adhesive.

(j) Portable equipment that is used for on-site nonproduction painting.

(k) Mixing, blending, or metering operations associated with a surface coating line.

History: 1993 AACS; 1995 AACS; 1997 AACS; 2003 AACS; 2016 AACS.

R 336.1288 Permit to install exemptions; oil and gas processing equipment.

Rule 288. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) Gas odorizing equipment.

(b) A glycol dehydrator that meets either of the following conditions:

(i) It is located at an oil well site and is controlled by a condenser or by other control

equipment of equivalent or better efficiency than the condenser.

(ii) It is located at a site or facility that only processes natural gas from the Antrim

zone.

(c) A sweet gas flare.

(d) Equipment for the separation or fractionation of sweet natural gas, but not

including natural gas sweetening equipment.

(e) Equipment that is used for oil and gas well drilling, testing, completion, rework,

and plugging activities.

History: 1993 AACS; 1995 AACS; 2008 AACS; 2016 AACS.

R 336.1289 Permit to install exemptions; asphalt and concrete production

equipment.

Rule 289. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the following:

(a) A cold feed aggregate bin for asphalt and concrete production equipment.

(b) A liquid asphalt storage tank that is controlled by an appropriately designed and

operated vapor condensation and recovery system or an equivalent control system.

(c) An asphalt concrete storage silo that has all its emissions vented back into the

burning zone of the kiln or that has an equivalent control system.

(d) A concrete batch plant that meets all of the following requirements:

(i) The plant shall produce not more than 200,000 cubic yards per year.

(ii) The plant shall use a fabric filter dust collector, a slurry mixer system, a drop

chute, a mixer flap gate, or an enclosure for truck loading operations.

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(iii) All cement handling operations, such as silo loading and cement weighing

hoppers, shall either be enclosed by a building or equipped with a fabric filter dust

control.

(iv) The owner or operator shall keep monthly records of the cubic yards of concrete

produced.

(v) Before commencing operations, the owner or operator shall notify the

appropriate district supervisor of the location where the concrete batch plant will be

operating under this exemption.

(vi) The concrete batch plant shall be located not less than 250 feet from any

residential or commercial establishment or place of public assembly unless all of the

cement handling operations, excluding the cement silo storage and loading operations,

are enclosed within at least a 3-sided structure.

(vii) The owner or operator shall implement the following fugitive dust plan:

(A) The drop distance at each transfer point shall be reduced to the minimum the

equipment can achieve.

(B) On-site vehicles shall be loaded to prevent their contents from dropping, leaking,

blowing, or otherwise escaping. This shall be accomplished by loading so that no part of

the load shall come in contact within 6 inches of the top of any sideboard, side panel, or

tailgate. Otherwise, the truck shall be tarped.

(C) All of the following provisions apply for site roadways and the plant yard:

(1) The dust on the site roadways and the plant yard shall be controlled by

applications of water, calcium chloride, or other acceptable and approved fugitive dust

control compounds. Applications of dust suppressants shall be done as often as necessary

to meet an opacity limit of 5%.

(2) All paved roadways and plant yards shall be swept as needed between

applications.

(3) Any material spillage on roads shall be cleaned up immediately.

(4) A record of all applications of dust suppressants and roadway and plant yard

sweepings shall be kept for the most recent 5-year period and be made available to the

department upon request.

(D) All of the following provisions apply for storage piles:

(1) Stockpiling of all nonmetallic minerals shall be performed to minimize drop

distance and control potential dust problems.

(2) Stockpiles shall be watered on an as-needed basis in order to meet an opacity

limit of 5%. Equipment to apply water or dust suppressant shall be available at the site or

on call for use at the site within a given operating day.

(3) A record of all watering shall be kept on file for the most recent 5-year period

and be made available to the department upon request.

(E) The provisions and procedures of this fugitive dust plan are subject to

adjustment by written notification from the department if, following an inspection, the

department determines the fugitive dust requirements or permitted opacity limits are not

being met.

History: 1993 AACS; 1995 AACS; 2003 AACS; 2016 AACS.

R 336.1290 Permit to install exemptions; emission units with limited emissions.

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Rule 290. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any of the emission units listed in subdivision (a) of this subrule, if the conditions listed

in subdivisions (b), (c), (d), and (e) of this subrule are met. Notwithstanding the

definition in R 336.1121(a), for the purpose of this rule, uncontrolled emissions are the

emissions from an emission unit based on actual operation, not taking into account any

emission control equipment. Controlled emissions are the emissions from an emission

unit based on actual operation, taking into account the control equipment.

(a) An emission unit which meets any of the following criteria:

(i) Any emission unit that emits only noncarcinogenic volatile organic compounds

or noncarcinogenic materials that are listed in R 336.1122(f) as not contributing

appreciably to the formation of ozone, if the total uncontrolled or controlled emissions of

air contaminants are not more than 1,000 or 500 pounds per month, respectively.

(ii) Any emission unit for which the CO₂equivalent emissions are not more than

6,250 tons per months, the uncontrolled or controlled emissions of all other air

contaminants are not more than 1,000 or 500 pounds per month, respectively, and all of

the following criteria are met:

(A) For toxic air contaminants, excluding noncarcinogenic volatile organic

compounds and noncarcinogenic materials that are listed in R 336.1122(f) as not

contributing appreciably to the formation of ozone, with initial threshold screening levels

greater than or equal to 0.04 micrograms per cubic meter and less than 2.0 micrograms

per cubic meter, the total uncontrolled or controlled emissions shall not exceed 20 or 10

pounds per month, respectively.

(B) For toxic air contaminants with initial risk screening levels greater than or equal

to 0.04 micrograms per cubic meter, the total uncontrolled or controlled emissions shall

not exceed 20 or 10 pounds per month, respectively.

(C) The emission unit shall not emit any toxic air contaminants, excluding

noncarcinogenic volatile organic compounds and noncarcinogenic materials that are

listed in R 336.1122(f) as not contributing appreciably to the formation of ozone, with an

initial threshold screening level or initial risk screening level less than 0.04 micrograms

per cubic meter.

(D) For total mercury, the uncontrolled or controlled emissions shall not exceed 0.01

pounds per month.

(E) For lead, the uncontrolled or controlled emissions shall not exceed 16.7 pounds

per month.

(iii) Any emission unit that emits only particulate air contaminants without initial

risk screening levels and other air contaminants that are exempted under paragraph (i) or

(ii) of this subdivision if all of the following provisions are met:

(A) The particulate emissions are controlled by an appropriately designed and

operated fabric filter collector or an equivalent control system that is designed to control

particulate matter to a concentration of less than or equal to 0.01 pounds of particulate per

1,000 pounds of exhaust gases and that do not have an exhaust gas flow rate more than

30,000 actual cubic feet per minute.

(B) The visible emissions from the emission unit are not more than 5% opacity in

accordance with the methods contained in R 336.1303.

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(C) The initial threshold screening level for each particulate toxic air contaminant,

excluding nuisance particulate, is more than 2.0 micrograms per cubic meter.

(b) The following requirements apply to emission units utilizing control equipment:

(i) An air cleaning device for volatile organic compounds shall be installed,

maintained, and operated in accordance with the manufacturer’s specifications.

Examples include the following:

(A) Oxidizers and condensers equipped with a continuously displayed temperature

indication device.

(B) Wet scrubbers equipped with a liquid flow rate monitor.

(C) Dual stage carbon absorption where the first canister is monitored for

breakthrough and replaced if breakthrough is detected.

(ii) An air cleaning device for particulate matter shall be installed, maintained, and

operated in accordance with the manufacturer’s specifications or the owner or operator

shall develop a plan that provides to the extent practicable for the maintenance and

operation of the equipment in the manner consistent with good air pollution control

practices for minimizing emissions. It shall also be equipped to monitor appropriate

indicators of performance, for example, static pressure drop, water pressure, and water

flow rate.

(c) A description of the emission unit is maintained throughout the life of the unit.

(d) Records of material use and calculations identifying the quality, nature, and

quantity of the air contaminant emissions are maintained in sufficient detail to

demonstrate that the emissions meet the emission limits outlined in this rule. Volatile

organic compound emissions shall be calculated using mass balance, generally accepted

engineering calculations, or another method acceptable to the department.

(e) The records are maintained on file for the most recent 2-year period and are

made available to the department upon request.

History: 1993 AACS; 1995 AACS; 1997 AACS; 2016 AACS.

R 336.1291 Permit to install exemptions; emission units with “de minimis”

emissions.

Rule 291. (1) This rule does not apply if prohibited by R 336.1278 and unless the

requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to

any emission unit in which potential emissions meet the conditions listed in subdivisions

(a) to (d) of this subrule and table 23 for all air contaminants listed. In addition, records

shall be maintained in accordance with subdivisions (e) and (f) of this subrule.

(a) The combined potential emissions of all toxic air contaminants with screening

levels greater than or equal to 0.04 micrograms per cubic meter and less than 2

micrograms per cubic meter shall not exceed 0.12 tons per year.

(b) The combined potential emissions of all toxic air contaminants with screening

levels greater than or equal to 0.005 micrograms per cubic meter and less than 0.04

micrograms per cubic meter shall not exceed 0.06 tons per year.

(c) The combined potential emissions of all toxic contaminants with screening levels

less than 0.005 micrograms per cubic meter shall not exceed 0.006 tons per year.

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(d) The emission unit has no potential emissions of asbestos and/or subtilisin

proteolytic enzymes.

(e) A description of the emission unit shall be maintained throughout the life of the

unit.

(f) Documentation and/or calculations identifying the quality, nature, and quantity of

the air contaminant emissions are maintained in sufficient detail to demonstrate that the

potential emissions are less than those listed in subdivisions (a) to (d) of this subrule and

Table 23. Such documentation shall include the toxic air contaminant screening level

applicable at the time of installation and/or modification of the emission unit.

Table 23. Potential Emissions from Air Contaminants

Air Contaminant

Potential

Emissions

Not to be Exceeded

75,000 tons per year

10 tons per year

5 tons per year

10 tons per year

5 tons per year

3 tons per year

0.1 tons per year

1 ton per year

CO₂equivalent

CO

NO_x

SO₂

VOC (as defined in R 336.1122)

PM

PM-10

PM-2.5

Lead

Fluorides

Sulfuric acid mist

Hydrogen sulfide

Total reduced sulfur

Reduced sulfur compounds

Total mercury

0.12 tons per year

2 tons per year

0.12 pounds per year

5 tons per year

Total toxic air contaminants not listed in table

23 with any screening level

Total air contaminants not listed in table 23

that are non-carcinogenic and do not have a

screening level

6 tons per year

History: 2016 AACS.

R 336.1299 Rescinded.

History: 1992 AACS; 1995 AACS; 1998-2000 AACS; 2001 AACS; 2003 AACS; 2008 AACS; 2012

AACS; 2016 AACS.

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