DEPARTMENT OF ENVIRONMENTAL QUALITY  
AIR QUALITY DIVISION  
AIR POLLUTION CONTROL  
(By authority conferred on the director of the department of environmental quality by  
sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512, and Executive  
Reorganization Order Nos. 1995-16, 2009-31, and 2011-1, MCL 324.99903, 324.99919,  
and 324.99921)  
PART 9. EMISSION LIMITATIONS AND PROHIBITIONS -  
MISCELLANEOUS  
R 336.1901 Air contaminant or water vapor; prohibition.  
Rule 901. Notwithstanding the provisions of any other rule, a person shall not cause or  
permit the emission of an air contaminant or water vapor in quantities that cause, alone or in  
reaction with other air contaminants, either of the following:  
(a) Injurious effects to human health or safety, animal life, plant life of significant  
economic value, or property.  
(b) Unreasonable interference with the comfortable enjoyment of life and property.  
History: 1980 AACS; 2002 AACS; 2015 AACS.  
R 336.1902 Adoption of standards by reference.  
Rule 902. (1) The following standards are adopted by reference in these rules. Copies are  
available for inspection and purchase at the Air Quality Division, Department of  
Environmental Quality, 525 West Allegan Street, Lansing, Michigan 48909-7760, at a cost  
as of the time of adoption of these rules (AQD price). Copies may also be obtained from the  
U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington, DC  
20401, or by accessing their online bookstore at http://www.ecfr.gov at a cost as of the time  
of adoption of these rules (GPO price). The standards can also be viewed and/or printed  
free of charge at http://bookstore.gpo.gov.  
(a) “National Primary and Secondary Ambient Air Quality Standards,” 40 C.F.R. Part 50  
(2017), AQD price $61.00/$51.00 GPO price for Part 50 through Part 51.  
(b) The following sections of “Requirements for Preparation, Adoption, and Submittal of  
Implementation Plans,” 40 C.F.R. Part 51 (2017), AQD price $61.00/$51.00 GPO price for  
Part 50 through Part 51:  
(i) “Definitions,” 40 C.F.R. §51.100.  
(ii) “Legally enforceable procedures,” 40 C.F.R. §51.160.  
(iii) “Permit requirements,” 40 C.F.R. §51.165.  
(iv) “Prevention of significant deterioration of air quality,” 40 C.F.R. §51.166.  
(v) “Protection of Visibility,” 40 C.F.R. §51.301 through §51.309.  
(vi) “Sources That Would Locate in a Designated Nonattainment Area,” Appendix S.  
(vii) “Recommended Test Methods for State Implementation Plans,” Appendix M.  
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(viii) “Guideline on Air Quality Models,” Appendix W.  
(ix) “Guidelines for BART Determinations under the Regional Haze Rule,”  
Appendix Y.  
(c) “Prevention of Significant Deterioration of Air Quality,” 40 C.F.R. §52.21 (2017);  
AQD price $74.00/$64.00 GPO price for Part 52 (52.01 through 52.1018).  
(d) “Quality Assurance Requirements for Prevention of Significant Deterioration Air  
Monitoring,” 40 C.F.R. Part  
58, Appendix B (2017); AQD price $46.00/$36.00 GPO  
price for Part 53 through Part 59.  
(e) “Standards of Performance for New Stationary Sources,” 40 C.F.R. Part 60, except  
40 C.F.R. Part 60, Subpart AAA, “Standards of Performance for New Residential Wood  
Heaters” (2017); AQD price $74.00/$64.00 GPO price for Part 60 (60.1 to end).  
(f) 40 C.F.R. Part 60 Appendices A, B, and F (2017); AQD price $73.00/$63.00 GPO  
price for Part 60 Appendices.  
(g) “National Emission Standards for Hazardous Air Pollutants,” 40 C.F.R. Part 61  
(2017); AQD price $61.00/$51.00 GPO price for Part 61 through Part 62.  
(h) “National Emission Standards for Hazardous Air Pollutants for Source Categories,”  
40 C.F.R. Part 63, Subpart A to Z (2017); AQD price $74.00/$64.00 GPO price.  
(i) “National Emission Standards for Hazardous Air Pollutants for Source Categories  
(Continued),” 40 C.F.R. Part 63, Subpart AA to DDD (2017); AQD price $63.00/$53.00  
GPO price.  
(j) “National Emission Standards for Hazardous Air Pollutants for Source Categories  
(Continued),” 40 C.F.R. Part 63, Subpart EEE to PPP (2017); AQD price $66.00/$56.00  
GPO price.  
(k) “National Emission Standards for Hazardous Air Pollutants for Source Categories  
(Continued),” 40 C.F.R. Part 63, Subpart QQQ to YYYY (2017); AQD price $47.00/$37.00  
GPO price.  
(l) “National Emission Standards for Hazardous Air Pollutants for Source Categories  
(Continued),” 40 C.F.R. Part 63, Subpart ZZZZ to MMMMM (2017); AQD price $50/$40  
GPO price.  
(m) “National Emission Standards for Hazardous Air Pollutants for Source Categories  
(Continued),” 40 C.F.R. Part 63, Subpart NNNNN to end (2017); AQD price $50.00/$40.00  
GPO price.  
(n) “Compliance Assurance Monitoring,” 40 C.F.R. Part 64 (2017); AQD price  
$44.00/$34.00 GPO price for Part 64 through Part 71.  
(o) The following sections of “State Operating Permit Programs,” 40 C.F.R. Part 70  
(2017); AQD price $44.00/$34.00 GPO price for Part 64 through Part 71:  
(i) “Definitions,” 40 C.F.R. §70.2.  
(ii) “State program submittals and transition,” 40 C.F.R. §§70.4(b)(12), (14), and (15).  
(iii) “Permit content,” 40 C.F.R. §70.6(a)(8).  
(iv) “Re-openings for cause by EPA,” 40 C.F.R. §70.7(g).  
(v) “Transmission of information to the Administrator,” 40 C.F.R. §70.8(a)(1) and (2).  
(vi) “EPA objection,” 40 C.F.R. §70.8(c).  
(vii) “Public petitions to the Administrator,” 40 C.F.R. §70.8(d).  
(p) “Permit Regulations,” 40 C.F.R. Part 72 (2017); AQD price $78.00/$68.00 GPO price  
for Part 72 through Part 80.  
(q) “Sulfur Dioxide Opt-Ins,” 40 C.F.R. Part 74 (2017); AQD price $78.00/$68.00 GPO  
price for Part 72 through Part 80.  
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(r) “Continuous Emission Monitoring,” 40 C.F.R. Part 75 (2017); AQD price  
$78.00/$68.00 GPO price for Part 72 through Part 80.  
(s) “Acid Rain Nitrogen Oxides Emission Reduction Program,” 40 C.F.R. Part 76 (2017);  
AQD price $78.00/$68.00 GPO price for Part 72 through Part 80.  
(t) “NOx Budget Trading Program and CAIR NOx and SO2 Trading Programs for State  
Implementation Plans,” 40 C.F.R. Part 96 §§96.1 through §96.88 (2017); AQD price  
$76.00/$66.00 GPO price for Part 96 through Part 99.  
(u) “Federal NOx Budget Trading Program, CAIR NOx and SO2 Trading Programs, and  
CSAPR NOx and SO2 Trading Programs,” 40 C.F.R. Part 97 (2017); AQD price  
$76.00/$66.00 GPO price for Part 96 through Part 99.  
(2) The following United States Environmental Protection Agency (U.S. EPA) documents  
are adopted by reference in these rules. A copy is available for inspection and purchase at  
the Air Quality Division, Department of Environmental Quality, 525 West Allegan Street,  
Lansing, MI 48909-7760, at a cost as of the time of adoption of these rules of $20.00 each.  
A copy may also be obtained from the U.S. EPA, Office of the Science Advisor, 1200  
Pennsylvania Avenue, NW, Washington, DC 20460 or on the U.S. EPA website,  
www.epa.gov, free of charge as of the time of adoption of these rules.  
(a) “Advances in Inhalation Gas Dosimetry for Derivation of a Reference Concentration  
(RfC) and Use in Risk Assessment,” EPA/600/R-12/044, September 2012.  
(b) “Alternative Control Techniques Document: NOx Emissions from Cement  
Manufacturing,” EPA-453/R-94-004, 1994.  
(c) “Benchmark Dose Technical Guidance,” EPA/100/R-12/001, June 2012.  
(d) “Compilation of Air Pollutant Emission Factors. Volume 1, Stationary Point and Area  
Sources,” EPA-450/AP-425-ED, January 1995.  
(e) “Control of Volatile Organic Emissions from Manufacture of Synthesized  
Pharmaceutical Products, Appendix B,” EPA-450/2-78-029, December 1978.  
(f) “Guidelines for Carcinogen Risk Assessment,” EPA/630/P-03/001B, March 2005.  
(g) “Protocol for Determining the Daily Volatile Compound Emission Rate of  
Automobile and Light-duty Truck Topcoat Operations,” EPA-450/3-88-018,  
December 1988.  
(h) “Supplemental Guidance for Assessing Susceptibility from Early-Life Exposure to  
Carcinogens,” EPA/630/R-03/003F, March 2005.  
(3) The following Federal Register documents are adopted by reference in these rules. A  
copy is available for inspection and purchase at the Air Quality Division, Department of  
Environmental Quality, 525 West Allegan Street, Lansing, MI 48909-7760, at a cost as of  
the time of adoption of these rules of $10.00 each:  
(a) U.S. EPA Emissions Trading Policy statement, 51 F.R. 43814, December 4, 1986.  
(b) U.S. EPA Recommended Policy on Control of Volatile Organic Compounds, Table 1,  
42 FR 35314, July 8, 1977.  
(4) The following standards are adopted by reference in these rules. Copies are available  
for inspection and purchase at the Air Quality Division, Department of Environmental  
Quality, 525 West Allegan Street, Lansing, Michigan 48909-7760, at the cost as of the time  
of adoption of these rules (AQD price). Copies may also be obtained from ASTM  
International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959 or on the  
ASTM website, www.astm.org, at a cost as of the time of adoption of these rules (ASTM  
price):  
(a) Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure,  
ASTM method D86, 2012; AQD price $74.00/$64.00 ASTM price.  
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(b) Standard Test Method for Pour Point of Petroleum Products, ASTM D97, 2015; AQD  
price $54.00/$44.00 ASTM price.  
(c) Standard Test Method for Vapor Pressure of Petroleum Products, ASTM D323, 2015;  
AQD price $60.00/$50.00 ASTM price.  
(d) Standard Specification for Fuel Oils, ASTM D396, 2015; AQD price $60.00/$50.00  
ASTM price.  
(e) Standard Test Method for Distillation of Cutback Asphaltic (Bituminous) Products,  
ASTM D402, 2008; AQD price $62.80/$52.80 ASTM price.  
(f) Standard Specification for Aviation Gasolines, ASTM D910, 2015; AQD price  
$54.00/$44.00 ASTM price.  
(g) Standard Specification for Diesel Fuel Oils, ASTM D975, 2015; AQD price  
$74.00/$64.00 ASTM price.  
(h) Standard Specification for Aviation Turbine Fuels, ASTM D1655, 2015; AQD price  
$60.00/$50.00 ASTM price.  
(i) Standard Specification for Gas Turbine Fuel Oils, ASTM D2880, 2015; AQD price  
$54.00/$44.00 ASTM price.  
(j) Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate  
Fuels, ASTM D6751, 2015; AQD price $54.00/$44.00 ASTM price.  
(k) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in  
Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), ASTM  
D6784, 2002; AQD price $70.00/$60.00 ASTM price.  
(l) Standard Test Method for Distillation of Emulsified Asphalt, ASTM D6997, 2012;  
AQD price $49.00/$39.00 ASTM price.  
(m) Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20), ASTM  
D7467, 2015; AQD price $74.00/$64.00 ASTM price.  
(n) Standard Practices for General Techniques of Infrared Quantitative Analysis, ASTM  
E168, 2006; AQD price $70.00/$60.00 ASTM price.  
(o) Standard Practices for General Techniques of Ultraviolet-Visible Quantitative  
Analysis, ASTM E169, 2014; AQD price $54.00/$44.00 ASTM price.  
(p) Standard Practice for Packed Column Gas Chromatography, ASTM E260, 2011;  
AQD price $60.00/$50.00 ASTM price.  
(5) The following standards are adopted by reference in these rules. Copies are available  
for inspection and purchase at the Air Quality Division, Department of Environmental  
Quality, 525 West Allegan Street, Lansing, Michigan 48909-7760, at the cost as of the time  
of adoption of these rules (AQD price). Copies may also be obtained from the American  
Association of State Highway and Transportation Officials, AASHTO Publication Order  
Department, P.O. Box 933538, Atlanta, Georgia, 31193-3538, or from their website  
http://www.techstreet.com/products, at a cost as of the time of adoption of these rules  
(AASHTO price):  
(a) Standard Method of Test for Emulsified Asphalts, AASHTO T59, 2013; AQD price  
$86.00/$76.00 AASHTO price.  
(b) Standard Method of Test for Cutback Asphalt Products, AASHTO T78, 2005; AQD  
price $60.00/$50.00 AASHTO price.  
(6) The following standards are adopted by reference in these rules. Copies are available  
for inspection and purchase at the Air Quality Division, Department of Environmental  
Quality, 525 West Allegan Street, Lansing, Michigan 48909-7760, at the cost as of the time  
of adoption of these rules (AQD price). Copies may also be obtained from the National  
Technical Information Service, U.S. Department of Commerce, 5301 Shawnee Road,  
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Alexandria, Virginia, 22312 (NTIS price), or from their website http://ntrl.ntis.gov/NTRL/  
for free:  
(a) PB95-196028, “Compilation of Air Pollution Emission Factors. Volume 1. Stationary  
Point and Area Sources,” (1995); AQD price $290.00/NTIS price $41.00.  
(b) PB94-183522, “Alternative Control Techniques Document: NOx Emissions from  
Cement Manufacturing,” (1994); AQD price $148.00/NTIS price $35.00.  
(c) PB203-060, “Construction Details of Isokinetic Source Sampling Equipment,” (1971);  
AQD price $46.00/NTIS price $26.00.  
(d) PB209-022, “Maintenance, Calibration, and Operation of Isokinetic Source-Sampling  
Equipment,” (1972); AQD price $52.00/NTIS price $20.00.  
(7) “TLVs and BEIs. Threshold Limit Values for Chemical Substances and Physical  
Agents, and Biological Exposure Indices,” 2014 is adopted by reference in these rules. A  
copy is available for inspection and purchase at the Air Quality Division, Department of  
Environmental Quality, 525 West Allegan Street, Lansing, MI 48909-7760, at a cost as of  
the time of adoption of these rules of $69.95. A copy may also be obtained from the  
American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow  
Drive, Cincinnati, Ohio 45240, or on the American Conference of Governmental Industrial  
website, www.acgih.org, at a cost as of the time of adoption of these rules of $49.95.  
(8) “NIOSH Pocket Guide to Chemical Hazards,” 2010, is adopted by reference in these  
rules. A copy on CD-ROM is available for inspection and purchase at the Air Quality  
Division, Department of Environmental Quality, 525 West Allegan Street, Lansing,  
MI 48909-7760, for $20.00 as of the time of adoption of these rules. A copy on CD-ROM  
may also be obtained from the Centers for Disease Control website,  
www.cdc.gov/niosh/npg/, for free as of the time of adoption of these rules.  
(9) “American Petroleum Institute Manual of Petroleum Measurement Standards Chapter  
19.2,” 1997, is adopted by reference in these rules. A copy is available for inspection and  
purchase at the Air Quality Division, Department of Environmental Quality, 525 West  
Allegan Street, Lansing, MI 48909-7760, at a cost as of the time of adoption of these rules  
of $139.00. A copy may also be obtained from American Petroleum Institute, Techstreet,  
3916 Ranchero Drive, Ann Arbor, MI 48108-2775, or at the American Petroleum Institute  
website at http://www.techstreet.com/api/products, at a cost as of the time of adoption of  
these rules of $129.00.  
(10) “OTC Model Rule for Consumer Products,” except section 8, 10, and 11(f), 2006 is  
adopted by reference in these rules. A copy is available for inspection and purchase at the  
Air Quality Division, Department of Environmental Quality, 525 West Allegan Street,  
Lansing, MI 48909-7760, at a cost as of the time of adoption of these rules of $10.00. A  
copy may also be obtained from the Ozone Transport Commission website,  
www.otcair.org, for free as of the time of adoption of these rules.  
History: 2008 AACS; 2013 AACS; 2015 AACS; 2016 AACS; 2019 AACS.  
Editor's Note: An obvious error in R 336.1902 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.  
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R 336.1906 Diluting and concealing emissions.  
Rule 906. Unless prior written approval is obtained from the department, a person shall  
not build, erect, install, or use any article, machine, equipment, or other contrivance if the  
sole purpose of the article, machine, equipment, or other contrivance is to dilute or conceal  
an emission without resulting in a reduction in the total release of air contaminants into the  
atmosphere. This rule does not apply to the control of odors.  
History: 1980 AACS; 2002 AACS; 2015 AACS.  
R 336.1910 Air-cleaning devices.  
Rule 910. An air-cleaning device shall be installed, maintained, and operated in a  
satisfactory manner and in accordance with these rules and existing law.  
History: 1980 AACS.  
R 336.1911 Malfunction abatement plans.  
Rule 911. (1) Upon request of the department, a person responsible for the operation of  
a source of an air contaminant shall prepare a malfunction abatement plan to prevent,  
detect, and correct malfunctions or equipment failures resulting in emissions exceeding any  
applicable emission limitation.  
(2) A malfunction abatement plan required by subrule (1) of this rule shall be in  
writing and shall, at a minimum, specify all of the following:  
(a) A complete preventative maintenance program, including identification of the  
supervisory personnel responsible for overseeing the inspection, maintenance, and repair of  
air-cleaning devices, a description of the items or conditions that shall be inspected, the  
frequency of the inspections or repairs, and an identification of the major replacement parts  
that shall be maintained in inventory for quick replacement.  
(b) An identification of the source and air-cleaning device operating variables that  
shall be monitored to detect a malfunction or failure, the normal operating range of these  
variables, and a description of the method of monitoring or surveillance procedures.  
(c) A description of the corrective procedures or operational changes that shall be  
taken in the event of a malfunction or failure to achieve compliance with the applicable  
emission limits.  
(3) A malfunction abatement plan required by subrule (1) of this rule shall be  
submitted to the department and shall be subject to review and approval by the department.  
If, in the opinion of the department, the plan does not adequately carry out the objectives as  
set forth in subrules (1) and (2) of this rule, then the department may disapprove the plan,  
state its reasons for disapproval, and order the preparation of an amended plan within the  
time period specified in the order. If, within the time period specified in the order, an  
amended plan is submitted which, in the opinion of the department, fails to meet the  
objective, then the department, on its own initiative, may amend the plan to cause it to  
meet the objective.  
(4) Within 180 days after the department approves a malfunction abatement plan, a  
person responsible for the preparation of a malfunction abatement plan shall implement the  
malfunction abatement plan required by subrule (1) of this rule.  
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History: 1980 AACS; 2002 AACS; 2015 AACS.  
R 336.1912  
Abnormal conditions, start-up, shutdown, and malfunction of a  
source, process, or process equipment, operating, notification, and reporting  
requirements.  
Rule 912. (1) The owner or operator of a source, process, or process equipment shall,  
to the extent reasonably possible, operate a source, process, or process equipment in a  
manner consistent with good air pollution control practices for minimizing emissions during  
periods of abnormal conditions, start-up, shutdown, and malfunctions. A source, process,  
or process equipment that complies with all applicable emission standards and limitations  
during periods of abnormal conditions, start-up, shutdown, and malfunction shall be  
presumed to have been operated in a manner consistent with good air pollution control  
practices for minimizing emissions.  
(2) The owner or operator of a source, process, or process equipment shall provide  
notice of an abnormal condition, start-up, shutdown, or a malfunction that results in  
emissions of a hazardous air pollutant which continue for more than 1 hour in excess of any  
applicable standard or limitation established by the clean air act or the emissions of a toxic  
air contaminant which continue for more than 1 hour in excess of an emission standard  
established by a rule promulgated under the air pollution act or an emission limitation  
specified in a permit issued or order entered under the air pollution act.  
(3) The owner or operator of a source, process, or process equipment shall provide  
notice and a written report of an abnormal condition, start-up, shutdown, or a malfunction  
that results in emissions of any air contaminant continuing for more than 2 hours in excess  
of a standard or limitation established by any applicable requirement.  
(4) The notices required by this rule shall be provided to the department as soon as  
reasonably possible, but not later than 2 business days after the start-up or shutdown or after  
discovery of the abnormal conditions or malfunction. Notice shall be by any reasonable  
means, including electronic, telephonic, or oral communication.  
(5) The written reports required under this rule shall be submitted within 10 days after  
the start-up or shutdown occurred, within 10 days after the abnormal conditions or  
malfunction has been corrected, or within 30 days of discovery of the abnormal conditions  
or malfunction, whichever is first. The written reports shall include all of the following  
information:  
(a) The time and date, the probable causes or reasons for, and the duration of the  
abnormal conditions, start-up, shutdown, or malfunction.  
(b) An identification of the source, process, or process equipment that experienced  
abnormal conditions, was started up or shut down, or which malfunctioned and all other  
affected process or process equipment that have emissions in excess of an applicable  
requirement, including a description of the type and, where known or where it is reasonably  
possible to estimate, the quantity or magnitude of emissions in excess of applicable  
requirements.  
(c) Information describing the measures taken and air pollution control practices  
followed to minimize emissions.  
(d) For abnormal conditions and malfunctions, the report shall also include a summary  
of the actions taken to correct and to prevent a reoccurrence of the abnormal conditions or  
malfunction and the time taken to correct the malfunction.  
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(6) Actions taken to correct and to prevent a reoccurrence of an abnormal condition or  
a malfunction shall become a part of any preventative maintenance and malfunction  
abatement plan required by R 336.1911.  
(7) The truth, accuracy, and completeness of the written reports required under this  
rule for a stationary source subject to the requirements of R 336.1210 shall be certified by a  
responsible official in a manner consistent with the clean air act.  
History: 1980 AACS; 1995 AACS; 2015 AACS.  
R 336.1913 Rescinded.  
History: 1995 AACS; 2001 AACS.  
R 336.1914 Rescinded.  
History: 1995 AACS; 2001 AACS.  
R 336.1915 Enforcement discretion in instances of excess emissions resulting from  
malfunction, start-up, or shutdown.  
Rule 915. (1) In determining whether the department will pursue enforcement against a  
person, the department shall consider evidence that the emission violations resulted from a  
malfunction, start-up, or shutdown.  
(2) If the department determines that the emission violations resulted from a  
malfunction, start-up, or shutdown, then the department may use enforcement discretion  
when resolving the emission violations based upon subrules (3) and (4) of this rule, as  
applicable.  
(3) A person may submit evidence to the department for its consideration in  
determining that the emission violations resulted from a malfunction. The evidence shall  
demonstrate all of the following, as applicable:  
(a)  
The excess emissions were a result of a sudden and unavoidable breakdown of  
process or control equipment, beyond the reasonable control of the person.  
(b) The air pollution control equipment, process equipment, and processes were  
maintained and operated in a manner consistent with good practice for minimizing  
emissions, to the maximum extent practicable.  
(c)  
The excess emissions caused by a bypass (an intentional diversion of control  
equipment) were unavoidable to prevent loss of life, personal injury, or severe property  
damage.  
(d) Repairs were made in an expeditious fashion when the person knew or should have  
known that applicable emission limitations were being exceeded. To the extent practicable,  
off-shift labor and overtime shall have been utilized to ensure that the repairs were made  
expeditiously.  
(e)  
The amount and duration of excess emissions, including any bypass, were  
minimized to the maximum extent practicable during periods of the emissions.  
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(f)  
All reasonably possible steps were taken to minimize the impact of the excess  
emissions on ambient air quality.  
(g) The excess emissions resulting from the malfunction were not part of a recurring  
pattern indicative of inadequate design, operation, or maintenance.  
(h) The malfunction was an infrequent event and was not reasonably preventable.  
(i)  
(j)  
All emission monitoring systems were kept in operation if at all possible.  
The person responsible for operating the source of air contaminants has a  
malfunction abatement plan, consistent with the requirements set forth in R 336.1911(2)  
and with both of the following provisions:  
(i) Any malfunction abatement plan developed in accordance with R 336.1911(2) shall be  
maintained onsite and available for inspection, upon request, by the department for the life  
of the emission unit or units. The department may require that the person responsible for the  
malfunction abatement plan make revisions to the plan. The person shall revise the  
malfunction abatement plan within 45 days after a request by the department. The revised  
malfunction abatement plan shall be developed in accordance with R 336.1911(2).  
(ii) If the malfunction abatement plan fails to address or inadequately addresses an event  
that meets the characteristics of a malfunction at the time the plan is initially developed,  
then the person shall revise the malfunction abatement plan within 45 days after the event  
occurs. The revised malfunction abatement plan shall be developed in accordance with R  
336.1911(2).  
(k) The excess emissions presenting an imminent threat to human health, safety, or the  
environment were reported to the department as soon as possible. Unless otherwise  
specified in the facility's permit, other excess emissions were reported as provided in R  
336.1912. If requested by the department, a person shall submit a full written report that  
includes the known causes, the corrective actions taken, and the preventive measures to be  
taken to minimize or eliminate the chance of recurrence.  
(l)  
The actions during the period of excess emissions were documented by  
contemporaneous operating logs or other relevant evidence as provided by R 336.1912.  
(m) Any information submitted to the department under this subrule shall be properly  
certified in accordance with the provisions of R 336.1912.  
(4) A person may submit evidence to the department for its consideration in determining  
that the emission violations resulted from a start-up or shutdown. The evidence shall be  
based upon subrules (3)(b), (c), (e), (f), (i), (k), (l), and (m) of this rule; subdivisions (a),  
(b), (c) of this subrule; and R 336.1912, as applicable.  
(a) The periods of excess emissions that occurred during start-up or shutdown were short  
and infrequent and could not have been prevented through careful planning and design.  
(b) The excess emissions that occurred during start-up or shutdown were not part of a  
recurring pattern indicative of inadequate design, operation, or maintenance.  
(c) The person responsible for operating the source of air contaminants has a preventative  
maintenance plan, consistent with the requirements set forth in R 336.1911(2)(a).  
(5) For an emission unit or units subject to standards and limitations promulgated  
pursuant to section 111 or 112 of the clean air act, the start-up, shutdown, or malfunction  
provisions of the applicable requirements within section 111 or 112 shall apply.  
(6) Nothing in this rule shall be construed to limit the authority of the department to  
seek injunctive relief or to enforce the provisions of the act and the regulations promulgated  
under the act.  
History: 2002 AACS.  
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R 336.1916 Affirmative defense for excess emissions during start-up or shutdown  
for violations of R 336.1224 to R 336.1228 and R 336.1901.  
Rule 916. (1) The person operating a source with emissions in excess of an applicable  
emission limitation due to start-up or shutdown may claim an affirmative defense to an  
enforcement proceeding for violations of R 336.1224 to R 336.1228 and R 336.1901,  
excluding a judicial action seeking injunctive relief, if the person has complied with the  
reporting requirements of R 336.1912 and has demonstrated all of the following:  
(a) The periods of excess emissions that occurred during start-up or shutdown were  
short and infrequent and could not have been prevented through careful planning and  
design.  
(b) The excess emissions that occurred during start-up or shutdown were not part of a  
recurring pattern indicative of inadequate design, operation, or maintenance.  
(c) The excess emissions caused by a bypass (an intentional diversion of control  
equipment) were unavoidable to prevent loss of life, personal injury, or severe property  
damage.  
(d) The facility was operated at all times in a manner consistent with good practice for  
minimizing emissions.  
(e) The frequency and duration of operating in start-up or shutdown mode were  
minimized to the maximum extent practicable.  
(f) All reasonably possible steps were taken to minimize the impact of the excess  
emissions on ambient air quality.  
(g) All emission monitoring systems were kept in operation if at all possible.  
(h) The actions during the period of excess emissions were documented by  
contemporaneous operating logs or other relevant evidence as provided by R 336.1912.  
(i) Excess emissions presenting an imminent threat to human health, safety, or the  
environment were reported to the department as soon as possible.  
(j) Unless otherwise specified in the facility's permit, other excess emissions were  
reported as provided in R 336.1912. If requested by the department, a person shall submit a  
full written report that includes the known causes, the corrective actions taken, and the  
preventive measures to be taken to minimize or eliminate the chance of recurrence.  
(k) Any information submitted to the department under this subrule shall be properly  
certified in accordance with the provisions of R 336.1912.  
(2) This affirmative defense does not apply when a single emission unit, or multiple  
emission units at a stationary source, causes an exceedance of the national ambient air  
quality standards or any applicable prevention of significant deterioration increment.  
(3) If the proximate cause of the excess emissions which occurred during routine start-  
up or shutdown periods was due to a malfunction, then, absent any intervening acts or  
superseding causes, the instances shall be treated as malfunctions in accordance with  
R 336.1915.  
(4) Nothing in this rule shall be construed to limit the authority of the department to  
seek injunctive relief or to enforce the provisions of the act and the regulations promulgated  
under the act.  
History: 2002 AACS; 2016 AACS.  
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R 336.1930 Emission of carbon monoxide from ferrous cupola operations.  
Rule 930. (1) It is unlawful for a person to operate a ferrous cupola that has a melting  
capacity of 20 or more tons per hour located within any area listed in Table 91, unless the  
ferrous cupola is equipped with an afterburner control system, or equivalent, which reduces  
the carbon monoxide emissions from the ferrous cupola by 90%.  
(2) The emission rate of carbon monoxide from a ferrous cupola shall be determined  
by using 40 C.F.R. Part 60, Appendix A, reference test method 10, adopted by reference in  
R 336.1902, unless otherwise specified by the department.  
TABLE 91  
Areas Subject to R 336.1930  
County  
Wayne  
Area  
T01S, R09E to R12E  
T02S, R09E to R11E  
T03S, R09E to R10E  
History: 1995 AACS; 2001 AACS; 2015 AACS; 2016 AACS.  
R 336.1931 Rescinded.  
History: 1999 AACS; 2002 AACS; 2015 AACS.  
R 336.1932 Rescinded.  
History: 1999 AACS; 2002 AACS; 2015 AACS.  
R 336.1933 Rescinded.  
History: 2000 AACS; 2013 AACS.  
R 336.1940 Ethylene Oxide Emissions Standards for Sterilization Facilities.  
Rule 940. (1) The provisions of 40 C.F.R. Part 63, Subpart O, are adopted by reference  
in R 336.1902. A person responsible for the operation of a facility subject to the provisions  
of "Ethylene Oxide Emissions Standards for Sterilization Facilities," 40 C.F.R. Part 63,  
Subpart O, shall comply with those provisions.  
(2) For the purpose of this rule, the terms "administrator" and “EPA” as used in  
40 C.F.R. Part 63, Subpart O mean the department.  
History: 2000 AACS; 2008 AACS; 2015 AACS.  
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R 336.1941  
Emission standards for chromium emissions from hard and  
decorative chromium electroplating and chromium anodizing tanks.  
Rule 941. (1) The provisions of 40 C.F.R. Part 63, subpart N, are adopted by reference  
in R 336.1902. A person responsible for the operation of a facility that is subject to the  
provisions of "National Emission Standards for Chromium Emissions from Hard and  
Decorative Chromium Electroplating and Chromium Anodizing Tanks," 40 C.F.R.  
Part 63, Subpart N, shall comply with those provisions.  
(2) For the purpose of this rule, the terms "administrator" and “EPA” as used in  
40 C.F.R. Part 63, Subpart N mean the department.  
History: 2000 AACS; 2008 AACS; 2015 AACS.  
R 336.1942 Emission standards for asbestos.  
Rule 942. (1) The provisions of 40 C.F.R. Part 61, Subpart M, are adopted by  
reference in R 336.1902. A person that is subject to the provisions of "National Emission  
Standards for Asbestos," 40 C.F.R. Part 61, Subpart M, shall comply with those provisions.  
(2) For the purpose of this rule, the terms "administrator" and “EPA” as used in  
40 C.F.R. Part 61, Subpart M mean the department.  
History: 2000 AACS; 2008 AACS; 2015 AACS.  
R 336.1943 General provisions for emission standard.  
Rule 943. (1) The provisions of 40 C.F.R. Part 63, Subpart A, are adopted by reference  
in R 336.1902. The owner or operator of a facility subject to the provisions of "General  
Provisions," 40 C.F.R. Part 63, Subpart A, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart A mean the department.  
History: 2008 AACS; 2015 AACS.  
R 336.1944 Emission standards for Portland cement manufacturing.  
Rule 944. (1) The provisions of 40 C.F.R. Part 63, Subpart LLL, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
"National Emission Standards for Hazardous Air Pollutants from the Portland Cement  
Manufacturing Industry," 40 C.F.R. Part 63, Subpart LLL, shall comply with those  
provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart LLL mean the department.  
History: 2008 AACS; 2015 AACS.  
R 336.1945 Emission standards for publicly owned treatment works.  
Rule 945. (1) The provisions of 40 C.F.R. Part 63, Subpart VVV, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
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"National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment  
Works," 40 C.F.R. Part 63, Subpart VVV, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart VVV mean the department.  
History: 2008 AACS; 2015 AACS.  
R 336.1946 Emission standards for secondary aluminum production.  
Rule 946. (1) The provisions of 40 C.F.R. Part 63, Subpart RRR, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
"National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum  
Production," 40 C.F.R. Part 63, Subpart RRR, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart RRR mean the department.  
History: 2008 AACS; 2015 AACS.  
R 336.1947 Emission standards for site remediation.  
Rule 947. (1) The provisions of 40 C.F.R. Part 63, Subpart GGGGG, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
"National Emission Standards for Hazardous Air Pollutants: Site Remediation,"  
40 C.F.R. Part 63, Subpart GGGGG, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart GGGGG mean the department.  
History: 2008 AACS; 2015 AACS.  
R 336.1948 Emission standards for area sources: electric arc furnace steelmaking  
facilities.  
Rule 948. (1) The provisions of 40 C.F.R. Part 63, Subpart YYYYY, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc  
Furnace Steelmaking Facilities,” 40 C.F.R. Part 63, Subpart YYYYY, shall comply with  
those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart YYYYY mean the department.  
History: 2013 AACS; 2015 AACS.  
R 336.1949 Emissions standards for iron and steel foundry area sources.  
Rule 949. (1) The provisions of 40 C.F.R. Part 63, Subpart ZZZZZ, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries  
Area Sources,” 40 C.F.R. Part 63, Subpart ZZZZZ, shall comply with those provisions.  
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(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart ZZZZZ mean the department.  
History: 2013 AACS; 2015 AACS.  
R 336.1950 Emissions standards for aluminum, copper, and other nonferrous  
foundry area sources.  
Rule 950. (1) The provisions of 40 C.F.R. Part 63, Subpart ZZZZZZ, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emission Standards for Hazardous Air Pollutants: Area Source Standards for  
Aluminum, Copper, and Other Nonferrous Foundries,” 40 C.F.R. Part 63, Subpart  
ZZZZZZ, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart ZZZZZZ mean the department.  
History: 2013 AACS; 2015 AACS.  
R 336.1951 Emissions standards for secondary lead smelting.  
Rule 951. (1) The provisions of 40 C.F.R. Part 63, Subpart X, are adopted by reference  
in R 336.1902. The owner or operator of a facility subject to the provisions of “National  
Emissions Standards for Hazardous Air Pollutants from Secondary Lead Smelting,”  
40 C.F.R. Part 63, Subpart X, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart X mean the department.  
History: 2015 AACS.  
R 336.1952 Emissions standards for hazardous waste combustors.  
Rule 952. (1) The provisions of 40 C.F.R. Part 63, Subpart EEE, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants from Hazardous Waste  
Combustors,” 40 C.F.R. Part 63, Subpart EEE, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart EEE mean the department.  
History: 2015 AACS.  
R 336.1953 Emissions standards for mercury cell chlor-alkali plants.  
Rule 953. (1) The provisions of 40 C.F.R. Part 63, Subpart IIIII, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants: Mercury Emissions from  
Mercury Cell Chlor-Alkali Plants,” 40 C.F.R. Part 63, Subpart IIIII, shall comply with those  
provisions.  
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(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart IIIII mean the department.  
History: 2015 AACS.  
R 336.1954 Emissions standards for primary copper smelting area sources.  
Rule 954. (1) The provisions of 40 C.F.R. Part 63, Subpart EEEEEE, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants for Primary Copper Smelting  
Area Sources,” 40 C.F.R. Part 63, Subpart EEEEEE, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart EEEEEE mean the department.  
History: 2015 AACS.  
R 336.1955 Emissions standards for secondary copper smelting area sources.  
Rule 955. (1) The provisions of 40 C.F.R. Part 63, Subpart FFFFFF, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants for Secondary Copper  
Smelting Area Sources,” 40 C.F.R. Part 63, Subpart FFFFFF, shall comply with those  
provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart FFFFFF mean the department.  
History: 2015 AACS.  
R 336.1956 Emissions standards for primary nonferrous metals area sources –  
zinc, cadmium, and beryllium.  
Rule 956. (1) The provisions of 40 C.F.R. Part 63, Subpart GGGGGG, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants for Primary Nonferrous Metals  
Area Sources – Zinc, Cadmium, and Beryllium,” 40 C.F.R. Part 63, Subpart GGGGGG,  
shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart GGGGGG mean the department.  
History: 2015 AACS.  
R 336.1957 Emissions standards for carbon black production area sources.  
Rule 957. (1) The provisions of 40 C.F.R. Part 63, Subpart MMMMMM, are adopted  
by reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants for Carbon Black Production  
Area Sources,” 40 C.F.R. Part 63, Subpart MMMMMM, shall comply with those  
provisions.  
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(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart MMMMMM mean the department.  
History: 2015 AACS.  
R 336.1958 Emissions standards for chemical manufacturing area sources for  
chromium compounds.  
Rule 958. (1) The provisions of 40 C.F.R. Part 63, Subpart NNNNNN, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants for Chemical Manufacturing  
Area Sources: Chromium Compounds,” 40 C.F.R. Part 63, Subpart NNNNNN, shall  
comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart NNNNNN mean the department.  
History: 2015 AACS.  
R 336.1959 Emissions standards for glass manufacturing area sources.  
Rule 959. (1) The provisions of 40 C.F.R. Part 63, Subpart SSSSSS, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants for Glass Manufacturing Area  
Sources,” 40 C.F.R. Part 63, Subpart SSSSSS, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart SSSSSS mean the department.  
History: 2015 AACS.  
R 336.1960 Emissions standards for chemical manufacturing area sources.  
Rule 960. (1) The provisions of 40 C.F.R. Part 63, Subpart VVVVVV, are adopted by  
reference in R 336.1902. The owner or operator of a facility subject to the provisions of  
“National Emissions Standards for Hazardous Air Pollutants for Chemical Manufacturing  
Area Sources,” 40 C.F.R. Part 63, Subpart VVVVVV, shall comply with those provisions.  
(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R.  
Part 63, Subpart VVVVVV mean the department.  
History: 2015 AACS.  
R 336.1970 Rescinded.  
History: 2008 AACS; 2015 AACS.  
R 336.1971 Best available retrofit technology or BART program.  
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Rule 971. (1) The department shall determine applicability of best available retrofit  
technology based on the provisions of 40 C.F.R. §51.301 and Appendix Y to Part 51,  
adopted by reference in R 336.1902.  
(2) The owner or operator of a unit subject to BART must perform an engineering analysis  
as described in the provisions of 40 C.F.R. §51.301 and Appendix Y to Part 51 and must  
provide the results of the analysis to the department within 60 days of the effective date of  
this rule.  
(3) If an electric generating unit (EGU) subject to BART is subject to the trading programs  
of the Clean Air Interstate Rule under 40 C.F.R. Part 97, the owner or operator of the EGU  
is not required to conduct a BART analysis for sulfur dioxide and oxides of nitrogen  
emissions under this rule.  
(4) An engineering analysis required by subrule (2) of this rule must be submitted to the  
department and is subject to review and approval by the department. If the department  
determines additional information is required, the department shall provide to the owner or  
operator additional information requests and comments in writing. The owner or operator  
shall provide the requested information within 60 days from receipt of written requests and  
comments from the department. The department may determine that more than 60 days  
will be allowed.  
(5) The department shall determine the BART level of control for each unit subject to  
BART based on the engineering analysis referenced in subrule (2) of this rule, the  
provisions of 40 C.F.R. §51.301 and Appendix Y to Part 51, and other information which  
the department determines to be relevant.  
(6) The owner or operator of a unit subject to BART shall enter into a permit to install or  
consent order with the department to make the BART provisions legally enforceable within  
90 days of the department's approval of the engineering analysis, unless the department  
determines that more than 90 days will be allowed. BART controls must be in place and  
operating not later than 1 year from an approved engineering analysis.  
(7) An owner or operator subject to this rule shall measure oxides of nitrogen and sulfur  
dioxide emissions with 1 or more of the following:  
(a) A continuous emission monitoring system.  
(b) An alternate method as described in 40 C.F.R. Part 60 or 75, adopted by reference in  
R 336.1902, as applicable and acceptable to the department.  
(c) A method currently in use or a future method developed for use and acceptable to the  
department, including methods contained in existing permit conditions.  
(8) An owner or operator of an emission unit that measures oxides of nitrogen or sulfur  
dioxide emissions by a continuous emission monitoring system shall do either of the  
following:  
(a) Use procedures set forth in 40 C.F.R. Part 60, Subpart A and appendix B, and comply  
with the quality assurance procedures in appendix F, adopted by reference in R 336.1902,  
as applicable and acceptable to the department.  
(b) Use procedures set forth in 40 C.F.R. Part 75, and associated appendices, adopted by  
reference in R 336.1902, as applicable and acceptable to the department.  
(9) An owner or operator of an emission unit who uses a continuous emission monitoring  
system to demonstrate compliance with this rule and who has already installed a continuous  
emission monitoring system for oxides of nitrogen or sulfur dioxide pursuant to other  
applicable federal, state, or local rules shall meet the installation, testing, operation, quality  
assurance, and reporting requirements specified by the department.  
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(10) An owner or operator of an emission unit that is subject to this rule and has a permit  
or consent order issued under subrule (6) of this rule must submit at a minimum semi-  
annual summary reports, in an acceptable format, to the department by March 15 for the  
reporting period July 1 to December 31 and September 15 for the reporting period January  
1 to June 30 of each calendar year. The reports must include all of the following  
information:  
(a) The date, time, magnitude of emissions, and emission rates where applicable, of the  
specified emission unit or utility system.  
(b) If emissions or emission rates exceed the emissions or emission rates allowed by the  
applicable emission limit, the cause, if known, and any corrective action taken.  
(c) The total operating time of the emission unit during the time period.  
(d) For continuous emission monitoring systems, system performance information must  
include the date and time of each period during which the continuous monitoring system  
was inoperative, except for zero and span checks, and the nature of the system repairs or  
adjustments. When the continuous monitoring system has not been inoperative, repaired, or  
adjusted, the information must be stated in the report.  
(11) Quarterly summary reports, if required by the department pursuant to R 336.1213,  
must be submitted within 30 days following the end of the calendar quarter and may be  
used in place of the semi-annual reports required pursuant to subrule (10) of this rule.  
History: 2008 AACS; 2015 AACS; 2019 AACS.  
R 336.1972 Emissions standards for existing sewage sludge incineration units.  
Rule 972. (1) Except as provided in subdivisions (c) to (e) of this subrule, by March  
21, 2016, each sewage sludge incineration (SSI) unit for which construction was  
commenced on or before October 14, 2010, defined under “Emission Guidelines and  
Compliance Times for Existing Sewage Sludge Incineration Units,” 40 C.F.R. §60.5250,  
shall achieve final compliance with the requirements of this rule. Final compliance means  
all process changes and control devices, as specified in the final control plan, are completed  
and operating as designed and the department receives notification of compliance, including  
a signature of the owner or operator of the unit.  
(a) The SSI unit remains subject to the requirements and deadlines of this rule if any of  
the following apply:  
(i) The owner or operator of a SSI unit makes physical or operation changes to the unit  
primarily to comply with this rule and the unit commenced construction on or before  
September 21, 2011.  
(ii) The SSI unit closes and restarts prior to March 21, 2016.  
(b) If the SSI unit closes and restarts after March 21, 2016, then the owner or operator  
of the unit shall meet the emission limits, emission standards, and operating limits in this  
rule on the date the unit restarts operations.  
(c) A combustion unit that incinerates sewage sludge and is not located at a wastewater  
treatment facility designed to treat domestic sewage sludge is exempt from this rule upon  
notification to the department.  
(d) If the owner or operator of a SSI unit makes changes that meet the definition of  
modification under 40 C.F.R. §60.5250 after September 21, 2011, the unit is subject to  
“Standards of Performance for New Sewage Sludge Incineration Units,” 40 C.F.R. Part 60,  
Subpart LLLL. Such unit is exempt from this rule upon notification to the department.  
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(e) If an owner or operator chooses to cease operation of the SSI unit rather than  
comply with this rule, a closure notification shall be submitted to the department by March  
21, 2015.  
(2) The owner or operator of a SSI unit that has not submitted a closure or exemption  
notification to the department shall submit an application for a renewable operating permit  
and, by March 21, 2015, shall submit a final control plan meeting the requirements of 40  
C.F.R. §60.5110 that is signed by the owner or operator of the unit.  
(3) By March 21, 2016, each SSI unit shall comply with the following provisions of  
“Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration  
Units,” 40 C.F.R. Part 60, Subpart MMMM, adopted by reference in R 336.1902:  
(a) “Increments of Progress,” 40 C.F.R. §60.5110.  
(b) “Operator Training and Qualifications,” 40 C.F.R. §§60.5130 to 60.5160.  
(c) “Emission Limits, Emission Standards, and Operating Limits and Requirements,”  
40 C.F.R. §§60.5165 to 60.5180.  
(d) “Initial Compliance Requirements,” 40 C.F.R. §§60.5185 to 60.5200.  
(e) “Continuous Compliance Requirements,” 40 C.F.R. §§60.5205 to 60.5215.  
(f) "Performance Testing, Monitoring, and Calibration Requirements,” 40 C.F.R.  
§§60.5220 to 60.5225.  
(g) “Recordkeeping and Reporting,” 40 C.F.R. §§60.5230 to 60.5235.  
(h) “Title V Operating Permits,” 40 C.F.R. §§60.5240 to 60.5245.  
(i) “Definitions,” 40 C.F.R. §60.5250.  
(j) Tables 2 to 6.  
(4) For purposes of this rule the term "administrator" as used in 40 C.F.R. Part 60,  
Subpart MMMM means the department.  
History: 2015 AACS.  
R 336.1973 Standards for existing large municipal waste combustors.  
Rule 973 (1) This rule applies to all existing large municipal waste combustors (LMWC)  
and air curtain incinerators that have a combustion capacity greater than 250 tons per day of  
municipal solid waste, commenced construction by September 20, 1994.  
(2) LMWCs defined under 40 C.F.R. §60.32b(b), (d) to (i), and (l) to (n), adopted by  
reference in R 336.1902, are exempt from this rule if the owner or operator notifies the  
department that the LMWC qualifies for the exemption and any applicable requirements  
listed in 40 C.F.R. §60.32b are followed.  
(3) A LMWC remains subject to this rule if any physical or operational changes are made  
primarily for the purpose of complying with this rule. Those changes cannot be considered  
in determining modification or reconstruction under 40 C.F.R. Part 60, subparts Ea or Eb.  
(4) Owners and operators of LMWCs shall submit documentation to the department,  
within 90 days of state plan approval, that the unit is operating under a fully trained LMWC  
operator required under 40 C.F.R. §60.35b, adopted by reference in R 336.1902, and that  
the LMWC is in compliance with the emission and operating limits in subrules (5) and (6)  
of this rule.  
(5) Owners and operators of LMWCs shall comply with all of the following emission  
limits in 40 C.F.R. Part 60, Subparts Cb and Eb, adopted by reference in R 336.1902:  
(a) Carbon monoxide limits in Table 3 in Subpart Cb  
(b) Fugitive ash emission limits in 40 C.F.R. §60.55b  
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(c) Nitrogen oxide limits in Tables 1 and 2 in Subpart Cb  
(d) Other emission limits listed in Table 973:  
Table 973  
Pollutant  
Emission Limit  
Cadmium in 40 C.F.R. 35 µg/dscm+  
§60.33b(a)(2)(i)  
Dioxin/furan in 40 IF electrostatic precipitator, then 35 ng/dscm+ (total  
C.F.R. §60.33b(c)  
mass)  
IF no electrostatic precipitator, then 30 ng/dscm+  
(total mass)  
Hydrogen Chloride in 29 ppm per volume OR  
40  
C.F.R. 5% of the potential hydrogen chloride emission  
§60.33b(b)(3)  
concentration (95% reduction by weight or volume),  
whichever is less stringent*  
Lead in 40 C.F.R. 400 µg/dscm+  
§60.33b(a)(4)  
Mercury in 40 C.F.R. 50 µg/dscm OR  
§60.33b(a)(3)  
15% of the potential mercury emission concentration  
(85% reduction by weight), whichever is less  
stringent+  
Opacity in 40 C.F.R. 10% (6 minute average)  
§60.33b(a)(1)(iii)  
Particulate Matter in 40 25 mg/dscm+  
C.F.R. §60.33b(a)(1)(i)  
Sulfur Dioxide in 40 29 ppm by volume OR  
C.F.R. §60.33b(b)(3)  
25% of the potential sulfur dioxide emission  
concentration (75% reduction by weight or volume),  
whichever is less stringent*º  
*Corrected to 7% oxygen, dry basis  
+ Corrected to 7% oxygen  
º Based on 24-hour daily geometric mean  
(6) To comply with the nitrogen oxide emission limit in subrule (5) of this rule, owners or  
operators of a LMWC may average nitrogen oxide emissions as stated in 40 CFR  
§60.33b(d)(1)(i) to (v), adopted by reference in R 336.1902.  
(7) Owners and operators of LMWCs shall comply with the following sections of 40 CFR  
Part 60, Subparts Cb and Eb, adopted by reference in R 336.1902:  
(a) Definitions in 40 C.F.R. §60.31b and §60.51b.  
(b) Operating practices in 40 C.F.R. §60.53b(b) and (c).  
(c) Compliance and performance testing in 40 C.F.R. §60.58b, except as provided in  
§60.24(b)(2), and LMWC with a dioxin/furan emission level less than or equal to  
15 nanograms per dry cubic meter total mass, corrected to 7 percent oxygen, may use the  
alternative performance testing schedule for dioxins/furans specified in 40 C.F.R.  
§60.58b(g)(5)(iii).  
(d) Compliance dates in 40 C.F.R. §60.39b(h).  
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(e) Recordkeeping and reporting requirements in 40 C.F.R. §60.59b, except those in  
§60.59b(a), (b)(5), and (d)(11).  
(f) Operator training and certification requirements listed in 40 C.F.R. §60.54b,  
submitted within 12 months after state plan approval according to 40 C.F.R. §60.59b(j) if  
applicable.  
(8) For the purposes of this rule, the terms “administrator” and “EPA” as used in 40 C.F.R.  
Part 60 and Subparts Cb and Eb, mean the department, except in the authorities retained by  
the U.S. EPA in 40 C.F.R. §60.30b(b).  
History: 2016 AACS; 2019 AACS.  
Editor's Note: An obvious error in R 336.1973 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 336.1974 Emissions standards for existing commercial and industrial solid waste  
incinerators.  
Rule 974. (1) This rule applies to all existing Commercial and Industrial Solid Waste  
Incinerator (CISWI) units, defined under 40 C.F.R. §60.2875, adopted by reference in R  
336.1902. For purposes of this rule CISWI unit also includes “air curtain incinerators”  
defined under 40 C.F.R. §60.2875.  
(2) CISWI units that commenced construction by November 30, 1999 must comply with  
this rule according to 40 C.F.R. §60.2535(a)(1) and (2), adopted by reference in R  
336.1902, or date of promulgation of this rule, whichever is later.  
(3) The following CISWI units must comply with this rule according to 40 C.F.R.  
§60.2535(b), adopted by reference in R 336.1902, or date of promulgation of this rule,  
whichever is later:  
(a) Units in the incinerator or air curtain subcategory that commenced construction  
between November 30, 1999 and June 4, 2010,  
(b) Units in the incinerator or air curtain subcategory that commenced reconstruction or  
modification between June 1, 2001 and August 7, 2013,  
(c) Units in the small remote incinerator, energy recovery, or waste-burning kiln  
subcategories that commenced construction before June 4, 2010.  
(4) CISWI units that are exempt under 40 C.F.R. §60.2555(a) to (h) and §60.2555(m) to  
(o), adopted by reference in R 336.1902, are exempt from this rule if the applicable  
requirements listed in §60.2555 are followed.  
(5) Owners or operators of CISWI units shall submit a notice of closure to the department  
if the unit will close rather than comply with this rule.  
(6) A CISWI unit is still subject to this rule, and not 40 C.F.R. Part 60, Subpart CCCC, if  
the owner or operator makes physical or operational changes primarily to comply with this  
rule. However, modification or reconstruction of a CISWI unit made after August 7, 2013  
makes that unit subject to 40 C.F.R. Part 60, Subpart CCCC, and not this rule.  
(7) Owners or operators of CISWI units subject to this rule must sign and submit to the  
department a waste management plan and documentation of a current Title V operating  
permit.  
(8) Owners and operators of CISWI units subject to this rule must comply with the  
following reporting requirements of 40 C.F.R. Part 60, Subpart DDDD, “Emission  
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Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration  
Units”, adopted by reference in R 336.1902, listed in table 974:  
Table 974  
Reporting Requirements and Timelines  
Reporting Requirement  
Required Timeline  
Initial Test Report in 40 C.F.R. §60.2760  
60 days after the initial performance test  
Annual Report in 40 C.F.R. §60.2765 and 12 months after the initial test report; every  
§60.2770 12 months thereafter  
Emission limitation and operating limit August 1, for the data collected from  
deviation report in 40 C.F.R. §60.2775 and January 1 to June 30 of that year; February  
§60.2780  
1, for data collected from July 1 to  
December 31 of the previous year.  
Qualified Operator Deviation Notification in Within 10 days of deviation  
40 C.F.R. §60.2785(a)(1)  
Qualified Operator Deviation Status Report Every 4 weeks following deviation  
in 40 C.F.R. §60.2785(a)(2)  
Qualified Operator Deviation Notification of Prior to resuming operation  
Resumed Operation in 40 C.F.R.  
§60.2785(b)  
Notification of continued operation with 30 days prior to the fuel switch  
waste-to-fuel switch in 40 C.F.R.  
§60.2790(b)  
(9) Owners and operators of CISWI units subject to this rule must comply with the  
following sections of 40 C.F.R. Part 60, Subpart DDDD, adopted by reference in  
R 336.1902:  
(a) Closing or reopening of unit in 40 C.F.R. §60.2610 and §60.2615.  
(b) Waste management plan in 40 C.F.R. §60.2620 to 60.2630.  
(c) Operator training and qualifications in 40 C.F.R. §60.2635 to §60.2665.  
(d) Emission and operating limits in 40 C.F.R. §60.2670 to §60.2680 and Tables 2 to 3  
and 6 to 9.  
(e) Performance testing in 40 C.F.R. §60.2690 to §60.2695.  
(f) Inspection of control equipment in 40 C.F.R. §60.2706 and §60.2710(k).  
(g) Initial and continuous compliance in 40 C.F.R. §60.2700 to §60.2725 and §60.7 (40  
C.F.R. §60.7 is adopted by reference in R 336.1902).  
(h) Monitoring in 40 C.F.R. §60.2730 to §60.2735.  
(i) Recordkeeping in 40 C.F.R. §60.2740 to §60.2745.  
(j) Title V Operating Permit requirements in 40 C.F.R. §60.2805.  
(k) Toxic Equivalency Factors in Table 4.  
(l) Definitions in 40 C.F.R. §60.2875.  
(m) Reporting formats and date changes in 40 C.F.R. §60.2795 and §60.2800.  
(10) For the purposes of this rule, the terms “administrator” and “EPA” as used in 40  
C.F.R. Part 60, Subpart DDDD, mean the department, except in the authorities retained by  
the U.S. EPA in 40 C.F.R. §60.2030(c).  
History: 2019 AACS.  
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