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 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

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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.

History: 1996 AACS; 2003 AACS; 2016 AACS.

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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.

(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.

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(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 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.

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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.

(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

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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

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:

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(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.

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

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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 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.

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(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.

(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

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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.

(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

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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 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

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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 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

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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.

(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.

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(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 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.

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(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 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).

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(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.

(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.

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(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

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

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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.

(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.

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(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.

(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

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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.

(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.

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(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

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

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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.

(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

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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 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.

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(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.

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

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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 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

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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 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

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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.

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),

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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 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

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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

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

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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.

(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:

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(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

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.

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(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 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

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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:

(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:

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(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

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.

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(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.

(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

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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 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

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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.

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.

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(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 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.

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History: 1995 AACS; 2016 AACS.

R 336.1219 Amendments for change of ownership or operational control.

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; 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.

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(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 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

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allowable emissions of the carcinogen from the proposed new or modified 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

osmium tetroxide

pentachlorobenzene

platinum soluble salt

selenium compounds¹

Subtilisins (proteolytic enzymes)⁵

2919-66-6

29082-74-7

20816-12-0

608-93-5

7440-06-4

sulfuric acid (including sulfur trioxide and oleum) 7664-93-9

tetrachlorobenzene compounds⁶

thallium compounds¹

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CHEMICAL NAME

Vanadium pentaoxide

CAS NUMBER

1314-62-1

¹These 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.

²Diisocyanate compounds include compounds with 2 of the isocyanate functional groups

(-CNCO).

³Halogenated 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.

⁴Isocyanate compounds includes compounds with 1 or more of the isocyanate functional

groups (CNCO).

5

Subtilisins (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.

(xiii) Subpart O, National emission standard for inorganic arsenic emissions from

primary copper smelters.

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(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.

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

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screening level specific averaging time, then compliance with both emission rates is

required.

Table 21. Algorithms for determining allowable emission rates (AER)

Screening

Level Monthly

Emission 24 Hour Emission

1

Hour

Maximum

8 Hour Emission Rate

(pounds per 8 hours)^1,4

(SL)

Averaging Rate (pounds per Rate (pounds per 24

Emission Rate (pounds

Time

month)^1,2

hours)^1,3

per hour)^1,5

Annual

24 hours

8 hours

1 hour

SL X 40 = AER

SL X 0.54 = AER

SL X 0.05 = AER

SL X 0.02 = AER

SL X 0.001 = AER

SL X 0.12 = AER

SL X 0.02 = AER

¹All screening levels (SL) are in units of g / m³.

²The constant value of 40 is in units of

lbs / month

g / m³

.

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 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

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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

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

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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.

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:

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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:

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

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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

b

LOAEL

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.

(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:

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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 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

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UF_hx UF_{A X}UF_L

AT

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 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

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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.

(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.

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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.

(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.

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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.

(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.

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(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 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.

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(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.

(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.

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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:

(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

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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.

(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.

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(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 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.

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(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.

(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.

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(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 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.

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(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.

(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

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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.

(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

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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.

(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

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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.

(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:

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(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.

(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.

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(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.

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:

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(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.

(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.

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(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.

(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

Total toxic air contaminants not listed in table 23 5 tons per year

with any screening level

Total air contaminants not listed in table 23 that are 6 tons per year

non-carcinogenic and do not have a screening level

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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