MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY  
AIR QUALITY DIVISION  
PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR  
QUALITY  
(By authority conferred on the director of the department of environmental quality by  
MCL 324.5503 and MCL 324.5512)  
PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR  
QUALITY  
R 336.2801 Definitions.  
Rule 1801. The following definitions apply to terms used in this part. If a term  
defined in this part is also defined elsewhere in the rules, then the definition contained  
here applies for this part only.  
(a) “Actual emissions” means the actual rate of emissions of a regulated new source  
review pollutant from an emissions unit, as determined under R 336.1101(b), except that  
this definition shall not apply for calculating whether a significant emissions increase has  
occurred, or for establishing a plant wide applicability limit under R 336.2823. Instead,  
the terms “projected actual emissions” and “baseline actual emissions” shall apply for  
those purposes.  
(b) “Baseline actual emissions” means the rate of emissions, in tons per year, of a  
regulated new source review pollutant, as determined by the following:  
(i) For any existing electric utility steam generating unit, baseline actual emissions  
means the average rate, in tons per year, at which the unit actually emitted the pollutant  
during any consecutive 24-month period selected by the owner or operator within the 5-  
year period immediately preceding when the owner or operator begins actual construction  
of the project. The department shall allow the use of a different time period upon a  
determination that it is more representative of normal source operation. All of the  
following provisions apply:  
(A) The average rate shall include fugitive emissions to the extent quantifiable,  
and emissions associated with startups, shutdowns, and malfunctions.  
(B) The average rate shall be adjusted downward to exclude any noncompliant  
emissions that occurred while the source was operating above an emission limitation that  
was legally enforceable during the consecutive 24-month period.  
(C) For a regulated new source review pollutant, if a project involves multiple  
emissions units, then only 1 consecutive 24-month period shall be used to determine the  
baseline actual emissions for the emissions units being changed. A different consecutive  
24-month period may be used for each regulated new source review pollutant.  
(D) The average rate shall not be based on any consecutive 24-month period for  
which there is inadequate information for determining annual emissions, in tons per year,  
and for adjusting this amount if required by paragraph (i)(B) of this subdivision.  
Page 1  
(ii) For an existing emissions unit, other than an electric utility steam generating  
unit, baseline actual emissions means the average rate, in tons per year, at which the  
emissions unit actually emitted the pollutant during any consecutive 24-month period  
selected by the owner or operator within the 10-year period immediately preceding either  
the date the owner or operator begins actual construction of the project, or the date a  
complete permit application is received by the department for a permit required by R  
336.1201, whichever is earlier, except that the 10-year period shall not include any period  
earlier than November 15, 1990. All of the following provisions apply:  
(A) The average rate shall include fugitive emissions to the extent quantifiable,  
and emissions associated with startups, shutdowns, and malfunctions.  
(B) The average rate shall be adjusted downward to exclude any noncompliant  
emissions that occurred while the source was operating above an emission limitation that  
was legally enforceable during the consecutive 24-month period.  
(C) The average rate shall be adjusted downward to exclude emissions that would  
have exceeded an emission limitation with which the major stationary source must  
currently comply, had such major stationary source been required to comply with such  
limitations during the consecutive 24-month period. However, if an emission limitation  
is part of a maximum achievable control technology standard that the United States  
environmental protection agency proposed or promulgated under 40 C.F.R. part 63,  
adopted by reference in R 336.1902, then the baseline actual emissions need only be  
adjusted if the state has taken credit for such emissions reductions in an attainment  
demonstration or maintenance plan submitted to the U.S. environmental protection  
agency.  
(D) For a regulated new source review pollutant, if a project involves multiple  
emissions units, then only 1 consecutive 24-month period shall be used to determine the  
baseline actual emissions for the emissions units being changed. A different consecutive  
24-month period may be used for each regulated new source review pollutant.  
(E) The average rate shall not be based on any consecutive 24-month period for  
which there is inadequate information for determining annual emissions, in tons per year,  
and for adjusting this amount if required by subparagraphs (B) and (C) of this paragraph.  
(iii) For a new emissions unit, the baseline actual emissions for purposes of  
determining the emissions increase that will result from the initial construction and  
operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal  
the unit's potential to emit.  
(iv) For a plant wide applicability limit for a stationary source, the baseline actual  
emissions shall be calculated for existing electric utility steam generating units under  
paragraph (i) of this subdivision, for other existing emissions units under paragraph (ii) of  
this subdivision, and for a new emissions unit under paragraph (iii) of this subdivision.  
(c) “Baseline area” means all of the following:  
(i) Any intrastate area, and every part thereof, designated as attainment or  
unclassifiable under section 107(d) of the clean air act in which the major source or major  
modification establishing the minor source baseline date would construct or would have  
an annual average air quality impact equal to or greater than 1 microgram per cubic meter  
for sulfur dioxide, oxides of nitrogen, or PM-10, or 0.3 microgram per cubic meter for  
PM 2.5 of the pollutant for which the minor source baseline date is established.  
Page 2  
(ii) Area redesignations under section 107(d) of the clean air act shall not intersect  
or be smaller than the area of impact of any major stationary source or major  
modification which does either of the following:  
(A) Establishes a minor source baseline date.  
(B) Is subject to PSD regulations or new source review for major sources in  
nonattainment areas regulations.  
(iii) Any baseline area established originally for the total suspended particulates  
increments shall remain in effect and shall apply for purposes of determining the amount  
of available PM-10 increments, except that the baseline area shall not remain in effect if  
the department rescinds the corresponding minor source baseline date under subdivision  
(bb)(iv) of this rule.  
(d) “Baseline concentration” means the value derived using the following  
procedures:  
(i) The ambient concentration level that exists in the baseline area at the time of the  
applicable minor source baseline date. A baseline concentration is determined for each  
pollutant for which a minor source baseline date is established and shall include both of  
the following:  
(A) The actual emissions representative of sources in existence on the applicable  
minor source baseline date.  
(B) The allowable emissions of major stationary sources that commenced  
construction before the major source baseline date, but were not in operation by the  
applicable minor source baseline date.  
(ii) The following shall not be included in the baseline concentration and shall  
affect the applicable maximum allowable increase:  
(A) Actual emissions from any major stationary source on which construction  
commenced after the major source baseline date.  
(B) Actual emissions increases and decreases at any stationary source occurring  
after the minor source baseline date.  
(e) “Begin actual construction” means, in general, initiation of physical on-site  
construction activities on an emissions unit which are of a permanent nature. Such  
activities include, but are not limited to, installation of building supports and foundations,  
laying of underground pipework, and construction of permanent storage structures. “A  
change in method of operation” refers to those on-site activities, other than preparatory  
activities, which mark the initiation of the change.  
(f) “Best available control technology” or “BACT” means an emissions limitation,  
including a visible emissions standard, based on the maximum degree of reduction for  
each regulated new source review pollutant, which would be emitted from any proposed  
major stationary source or major modification which the department -- on a case-by-case  
basis, taking into account energy, environmental, and economic impacts and other costs -  
- determines is achievable for such source or modification through application of  
production processes or available methods, systems, and techniques, including fuel  
cleaning or treatment or innovative fuel combination techniques for control of the  
pollutant. Application of best available control technology shall not result in emissions  
of any pollutant which would exceed the emissions allowed by any applicable standard  
under 40 C.F.R. parts 60 and 61, adopted by reference in R 336.1902. If the department  
determines that technological or economic limitations on the application of measurement  
Page 3  
methodology to a particular emissions unit would make the imposition of an emissions  
standard infeasible, then a design, equipment, work practice, operational standard, or  
combination thereof, may be prescribed instead to satisfy the requirement for the  
application of best available control technology. The standard shall, to the degree  
possible, set forth the emissions reduction achievable by implementation of the design,  
equipment, work practice, or operation, and shall provide for compliance by means which  
achieve equivalent results.  
(g) “Building, structure, facility, or installation” means all of the pollutant-emitting  
activities which belong to the same industrial grouping, are located on 1 or more  
contiguous or adjacent properties, and are under the control of the same person, or  
persons under common control, except the activities of any vessel. Pollutant-emitting  
activities are part of the same industrial grouping if they have the same 2-digit major  
group code associated with their primary activity. Major group codes and primary  
activities are described in the standard industrial classification manual, 2017.  
(h) “Clean coal technology” means any technology, including technologies applied  
at the pre-combustion, combustion, or post-combustion stage, at a new or existing facility  
which will achieve significant reductions in air emissions of sulfur dioxide or oxides of  
nitrogen associated with the utilization of coal in the generation of electricity, or process  
steam which was not in widespread use as of November 15, 1990.  
(i) “Clean coal technology demonstration project” means a project using funds  
appropriated under the heading "Department of Energy -- Clean Coal Technology," up to  
a total amount of $2,500,000,000 for commercial demonstration of clean coal technology,  
or similar projects funded through appropriations for the United States Environmental  
Protection Agency. The federal contribution for a qualifying project shall be at least 20%  
of the total cost of the demonstration project.  
(j) [Reserved]  
(k) “Commence,” as applied to construction of a major stationary source or major  
modification, means that the owner or operator has all necessary preconstruction  
approvals or permits and has done either of the following:  
(i) Begun, or caused to begin, a continuous program of actual on-site construction  
of the source, to be completed within a reasonable time.  
(ii) Entered into binding agreements or contractual obligations, which cannot be  
canceled or modified without substantial loss to the owner or operator, to undertake a  
program of actual construction of the source to be completed within a reasonable time.  
(l) “Complete” means, in reference to an application for a permit, that the  
application contains all the information necessary for processing the application.  
Designating an application complete for purposes of permit processing does not preclude  
the department from requesting or accepting additional information.  
(m) “Construction” means any physical change or change in the method of  
operation, including fabrication, erection, installation, demolition, or modification of an  
emissions unit, that would result in a change in emissions.  
(n) “Continuous emissions monitoring system” or “CEMS” means all of the  
equipment that may be required to meet the data acquisition and availability requirements  
of these rules, to sample, condition if applicable, analyze, and provide a record of  
emissions on a continuous basis.  
Page 4  
(o) “Continuous emissions rate monitoring system” or “CERMS” means the total  
equipment required for the determination and recording of the pollutant mass emissions  
rate in terms of mass per unit of time.  
(p) “Continuous parameter monitoring system” or “CPMS” means all of the  
equipment necessary to meet the data acquisition and availability requirements of these  
rules, to monitor process and control device operational parameters (for example, control  
device secondary voltages and electric currents) and other information (for example, gas  
flow rate, oxygen or carbon dioxide concentrations), and to record average operational  
parameter value or values on a continuous basis.  
(q) “Electric utility steam generating unit” means any steam electric generating unit  
that is constructed for supplying more than 1/3 of its potential electric output capacity and  
more than 25 megawatt electrical output to any utility power distribution system for sale.  
Steam supplied to a steam distribution system for providing steam to a steam-electric  
generator that would produce electrical energy for sale is also considered in determining  
the electrical energy output capacity of the affected facility.  
(r) “Emissions unit” means any part of a stationary source that emits or would have  
the potential to emit any regulated new source review pollutant and includes an electric  
utility steam generating unit. Both of the following are types of emissions units:  
(i) A new emissions unit is any emissions unit that is, or will be, newly constructed  
and that has existed for less than 2 years from the date the emissions unit first operated.  
(ii) An existing emissions unit is any emissions unit that does not meet the  
definition of a new emissions unit. A replacement unit is an existing emissions unit and  
no creditable emission reductions shall be generated from shutting down the existing  
emissions unit that is replaced. A replacement unit shall meet all of the following  
criteria:  
(A) The emissions unit is a reconstructed unit if the replacement of components of  
an existing facility is to such an extent that the fixed capital cost of the new components  
exceeds 50% of the fixed capital cost that would be required to construct a comparable  
entirely new facility or the emissions unit completely takes the place of an existing  
emissions unit.  
(B) The emissions unit is identical to or functionally equivalent to the replaced  
emissions unit.  
(C) The replacement does not alter the basic design parameters of the process  
unit.  
(D) The replaced emissions unit is permanently removed from the major  
stationary source, otherwise permanently disabled, or permanently barred from operation  
by a permit that is enforceable as a practical matter. If the replaced emissions unit is  
brought back into operation, it shall constitute a new emissions unit.  
(s) “Federal land manager” means, with respect to any lands in the United States, the  
secretary of the department with authority over such lands.  
(t) “High terrain” means an area having an elevation 900 feet or more above the base  
of the stack of a source.  
(u) "Hydrocarbon combustion flare" means either a flare used to comply with an  
applicable new source performance standard or maximum achievable control technology  
standard, including uses of flares during startup, shutdown, or malfunction permitted  
under such a standard, or a flare that serves to control emissions of waste streams  
Page 5  
comprised predominately of hydrocarbons and containing not more than 230 milligrams  
per dry standard cubic meter hydrogen sulfide.  
(v) “Indian reservation” means any federally recognized reservation established by  
treaty, agreement, executive order, or act of congress.  
(w) “Indian governing body” means the governing body of any tribe, band, or group  
of Indians subject to the jurisdiction of the United States and recognized by the United  
States as possessing power of self-government.  
(x) “Innovative control technology” means any system of air pollution control that  
has not been adequately demonstrated in practice, but may have a substantial likelihood  
of achieving greater continuous emissions reduction than any control system in current  
practice or of achieving at least comparable reductions at lower cost in terms of energy,  
economics, or non-air quality environmental impacts.  
(y) “Low terrain” means any area other than high terrain.  
(z) “Lowest achievable emission rate” or “LAER,” for any source, means the more  
stringent rate of emissions based on R 336.2901(s).  
(aa) “Major modification” means any of the following:  
(i) Physical change in or change in the method of operation of a major stationary  
source that would result in both of the following:  
(A) A significant emissions increase of a regulated new source review pollutant.  
(B) A significant net emissions increase of that pollutant from the major  
stationary source.  
(ii) A significant emissions increase from any emissions units or net emissions  
increase at a major stationary source that is significant for volatile organic compounds or  
oxides of nitrogen shall be considered significant for ozone.  
(iii) Physical change or change in the method of operation shall not include any of  
the following:  
(A) Routine maintenance, repair, and replacement.  
(B) Use of an alternative fuel or raw material by reason of any order under section  
2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 or by  
reason of a natural gas curtailment plan under the Federal Power Act.  
(C) Use of an alternative fuel by reason of an order or rule under section 125 of  
the clean air act.  
(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel  
is generated from municipal solid waste.  
(E) Use of an alternative fuel or raw material by a stationary source which meets  
either of the following:  
(1) The source was capable of accommodating before January 6, 1975, unless  
such change would be prohibited under any federally enforceable permit condition which  
was established after January 6, 1975, under PSD regulations or R 336.1201(1)(a).  
(2) The source is approved to use under any permit issued under PSD regulations  
or under R 336.1201(1)(a).  
(F) An increase in the hours of operation or in the production rate, unless the  
change would be prohibited under any federally enforceable permit condition which was  
established after January 6, 1975, under PSD regulations or R 336.1201(1)(a).  
(G) Any change in ownership at a stationary source.  
(H) [Reserved]  
Page 6  
(I) The installation, operation, cessation, or removal of a temporary clean coal  
technology demonstration project, provided that the project complies with both of the  
following:  
(1) The state implementation plan.  
(2) Other requirements necessary to attain and maintain the national ambient air  
quality standards during the project and after the project is terminated.  
(J) The installation or operation of a permanent clean coal technology  
demonstration project that constitutes repowering, provided that the project does not  
result in an increase in the potential to emit of any regulated pollutant emitted by the unit.  
This exemption shall apply on a pollutant-by-pollutant basis.  
(K) The reactivation of a very clean coal-fired electric utility steam generating  
unit.  
(iv) This definition shall not apply with respect to a particular regulated new source  
review pollutant when the major stationary source is complying with the requirements for  
an actuals PAL for that pollutant. Instead, the definition of PAL major modification in  
R 336.2823 shall apply.  
(bb) All of the following apply to major and minor source baseline dates:  
(i) “Major source baseline date” means all of the following:  
(A) January 6, 1975, for particulate matter and sulfur dioxide.  
(B) February 8, 1988, for nitrogen dioxide.  
(C) October 20, 2010 for PM 2.5  
(ii) “Minor source baseline date” means the earliest date after the trigger date on  
which a major stationary source or a major modification subject to PSD regulations  
submits a complete application under the relevant regulations. The trigger date is all of  
the following:  
(A) August 7, 1977, for particulate matter and sulfur dioxide.  
(B) February 8, 1988, for nitrogen dioxide.  
(C) October 20, 2011 for PM 2.5  
(iii) The baseline date is established for each pollutant for which increments or  
other equivalent measures have been established if both of the following occur:  
(A) The area in which the proposed source or modification would construct is  
designated as attainment or unclassifiable under section 107(d) of the clean air act for the  
pollutant on the date of its complete application under R 336.1201 and PSD regulations.  
(B) If a major stationary source, the pollutant would be emitted in significant  
amounts, or, if a major modification, there would be a significant net emissions increase  
of the pollutant.  
(iv) Any minor source baseline date established originally for the total suspended  
particulates increments shall remain in effect and shall apply for determining the amount  
of available PM-10 increments, except that the department may rescind any minor source  
baseline date where it can be shown, to the satisfaction of the department, that the  
emissions increase from the major stationary source, or the net emissions increase from  
the major modification, responsible for triggering that date did not result in a significant  
amount of PM-10 emissions.  
(cc) “Major stationary source” means any of the following:  
(i) Any of the following stationary sources of air pollutants which emit, or has the  
potential to emit, 100 tons per year or more of a regulated new source review pollutant:  
Page 7  
(A) Fossil fuel-fired steam electric plants of more than 250 million British thermal  
units per hour heat input.  
(B) Coal cleaning plants with thermal dryers.  
(C) Kraft pulp mills.  
(D) Portland cement plants.  
(E) Primary zinc smelters.  
(F) Iron and steel mill plants.  
(G) Primary aluminum ore reduction plants.  
(H) Primary copper smelters.  
(I) Municipal incinerators capable of charging more than 250 tons of refuse per  
day.  
(J) Hydrofluoric, sulfuric, and nitric acid plants.  
(K) Petroleum refineries.  
(L) Lime plants.  
(M) Phosphate rock processing plants.  
(N) Coke oven batteries.  
(O) Sulfur recovery plants.  
(P) Carbon black plants (furnace process).  
(Q) Primary lead smelters.  
(R) Fuel conversion plants.  
(S) Sintering plants.  
(T) Secondary metal production plants.  
(U) Chemical process plants. The term chemical process plant shall not include  
ethanol production facilities that produce ethanol by natural fermentation included in  
North American Industrial Classification System codes 325193 or 312140.  
(V) Fossil fuel boilers, or combinations thereof, totaling more than 250 million  
British thermal units per hour heat input.  
(W) Petroleum storage and transfer units with a total storage capacity exceeding  
300,000 barrels.  
(X) Taconite ore processing plants.  
(Y) Glass fiber processing plants.  
(Z) Charcoal production plants.  
(ii) Any stationary source not listed in the previous subdivision which emits, or has  
the potential to emit, 250 tons per year or more of a regulated new source review  
pollutant.  
(iii) Any physical change that would occur at a stationary source not otherwise  
qualifying under subdivision (cc) of this subrule, as a major stationary source if the  
change would constitute a major stationary source by itself.  
(iv) A major source that is major for volatile organic compounds or oxides of  
nitrogen shall be considered major for ozone.  
(v) The fugitive emissions of a stationary source shall not be included in  
determining, for any of the purposes of this rule, whether it is a major stationary source,  
unless the source belongs to 1 of the categories of stationary sources listed is paragraph  
(i) of this subdivision.  
(dd) “Necessary preconstruction approvals or permits” means a permit issued under  
R 336.1201(1)(a) that is required by R 336.2801 to R 336.2819.  
Page 8  
(ee) “Net emissions increase” means all of the following:  
(i) For any regulated new source review pollutant emitted by a major stationary  
source, the amount by which the sum of the following exceeds zero:  
(A) The increase in emissions from a particular physical change or change in the  
method of operation at a stationary source as calculated under R 336.2802(4).  
(B) Any other increases and decreases in actual emissions at the major stationary  
source that are contemporaneous with the particular change and are otherwise creditable.  
Baseline actual emissions for calculating increases and decreases under this paragraph  
shall be determined as provided in the definition of baseline actual emissions, except that  
paragraphs (b)(i)(C) and (b)(ii)(D) of this rule shall not apply.  
(ii) An increase or decrease in actual emissions is contemporaneous with the  
increase from the particular change only if it occurs between the following:  
(A) The date 5 years before construction on the particular change commences.  
(B) The date that the increase from the particular change occurs.  
(iii) An increase or decrease in actual emissions is creditable only if the department  
has not relied on it in issuing a permit under R 336.1201(1)(a) or R 336.1214a, which  
permit is in effect when the increase in actual emissions from the particular change  
occurs.  
(iv) An increase or decrease in actual emissions of sulfur dioxide, particulate  
matter, or oxides of nitrogen that occurs before the applicable minor source baseline date  
is creditable only if it is required in calculating the amount of maximum allowable  
increases remaining available.  
(v) An increase in actual emissions is creditable only to the extent that the new  
level of actual emissions exceeds the old level.  
(vi) A decrease in actual emissions is creditable only to the extent that it meets all  
of the following criteria:  
(A) The old level of actual emissions or the old level of allowable emissions,  
whichever is lower, exceeds the new level of actual emissions.  
(B) It is enforceable as a practical matter at and after the time that actual  
construction on the particular change begins.  
(C) It has approximately the same qualitative significance for public health and  
welfare as that attributed to the increase from the particular change.  
(vii) An increase that results from a physical change at a source occurs when the  
emissions unit on which construction occurred becomes operational and begins to emit a  
particular pollutant. A replacement unit that requires shakedown becomes operational  
only after a reasonable shakedown period, not to exceed 180 days.  
(viii) The definition of actual emissions in R 336.1101(b) shall not apply for  
determining creditable increases and decreases after a change, instead the definitions of  
the terms “projected actual emissions” and “baseline emissions” shall be used.  
(ff) [Reserved]  
(gg) “Pollution prevention” means any activity that through process changes,  
product reformulation or redesign, or substitution of less polluting raw materials,  
eliminates or reduces the release of air pollutants, including fugitive emissions, and other  
pollutants to the environment before recycling, treatment, or disposal. Pollution  
prevention does not mean recycling, other than certain "in-process recycling" practices,  
energy recovery, treatment, or disposal.  
Page 9  
(hh) “Potential to emit” means the maximum capacity of a stationary source to emit  
a pollutant under its physical and operational design. A physical or operational limitation  
on the capacity of the source to emit a pollutant, including air pollution control  
equipment and restrictions on hours of operation or on the type or amount of material  
combusted, stored, or processed, shall be treated as part of its design if the limitation or  
the effect it would have on emissions is legally enforceable and enforceable as a practical  
matter by the state, local air pollution control agency, or United States environmental  
protection agency. Secondary emissions do not count in determining the potential to emit  
of a stationary source.  
(ii) “Predictive emissions monitoring system” or “PEMS” means all of the  
equipment necessary to monitor process and control device operational parameters (for  
example, control device secondary voltages and electric currents) and other information  
(for example, gas flow rate, oxygen or carbon dioxide concentrations), and calculate and  
record the mass emissions rate (for example, pounds per hour) on a continuous basis.  
(jj) “Prevention of significant deterioration” or “PSD” program means the major  
source preconstruction permit program required by 40 C.F.R. §52.21, adopted by  
reference in R 336.1902. A permit issued under this program is a major NSR permit.  
(kk) “Project” means a physical change in, or change in method of operation of, an  
existing major stationary source.  
(ll) “Projected actual emissions” means all of the following:  
(i) The maximum annual rate, in tons per year, at which an existing emissions unit  
is projected to emit a regulated new source review pollutant in any 1 of the 5 years (12-  
month period) following the date the unit resumes regular operation after the project, or  
in any 1 of the 10 years following that date, if the project involves increasing the  
emissions unit's design capacity or its potential to emit that regulated new source review  
pollutant, and full utilization of the unit would result in a significant emissions increase,  
or a significant net emissions increase at the major stationary source.  
(ii) In determining the projected actual emissions, before beginning actual  
construction, the owner or operator of the major stationary source shall do all of the  
following:  
(A) Consider all relevant information, including but not limited to, historical  
operational data, the company's own representations, the company's expected business  
activity, and the company's highest projections of business activity, the company's filings  
with the state or federal regulatory authorities, and compliance plans under the state  
implementation plan.  
(B) Include fugitive emissions to the extent quantifiable and emissions associated  
with startups, shutdowns, and malfunctions.  
(C) Exclude, in calculating any increase in emissions that results from the  
particular project, that portion of the unit's emissions following the project that an  
existing unit could have accommodated during the consecutive 24-month period used to  
establish the baseline actual emissions and that are also unrelated to the particular project,  
including any increased utilization due to product demand growth.  
(iii) The owner or operator of a major stationary source may use the emissions  
unit's potential to emit, in tons per year, instead of calculating projected actual emissions.  
(mm) “Reactivation of a very clean coal-fired electric utility steam generating unit”  
means any physical change or change in the method of operation associated with the  
Page 10  
commencement of commercial operations by a coal-fired utility unit after a period of  
discontinued operation where the unit meets all of the following criteria:  
(i) The unit was not in operation for the 2-year period before the enactment of the  
clean air act amendments of 1990, and the emissions from the unit continue to be carried  
in the department’s emissions inventory at the time of enactment.  
(ii) The unit was equipped before shutdown with a continuous system of emissions  
control that achieves a removal efficiency for sulfur dioxide of not less than 85% and a  
removal efficiency for particulates of not less than 98%.  
(iii) The unit was equipped with low-oxides of nitrogen burners before the time of  
commencement of operations following reactivation.  
(iv) The unit otherwise complies with the requirements of the clean air act.  
(nn) Regulated new source review pollutant,” for purposes of this rule, means all of  
the following:  
(i) A pollutant for which a national ambient air quality standard has been  
promulgated and any constituents or precursors for the pollutants identified by the United  
States environmental protection agency. For example, volatile organic compounds and  
oxides of nitrogen are precursors for ozone, and oxides of nitrogen and sulfur dioxide are  
precursors for PM 2.5.  
(ii) A pollutant that is subject to any standard promulgated under section 111 of the  
clean air act.  
(iii) A class I or II substance subject to a standard promulgated under or established  
by title VI of the clean air act.  
(iv) A pollutant that otherwise is subject to regulation under the clean air act;  
except that any or all hazardous air pollutants either listed in section 112 of the clean air  
act or added to the list under section 112(b)(2) of the clean air act, which have not been  
delisted under section 112(b)(3) of the clean air act, are not regulated new source review  
pollutants unless the listed hazardous air pollutant is also regulated as a constituent or  
precursor of a general pollutant listed under section 108 of the clean air act.  
(oo) “Repowering” means all of the following:  
(i) Replacement of an existing coal-fired boiler with 1 of the following clean coal  
technologies:  
(A) Atmospheric or pressurized fluidized bed combustion.  
(B) Integrated gasification combined cycle.  
(C) Magneto hydrodynamics.  
(D) Direct and indirect coal-fired turbines.  
(E) Integrated gasification fuel cells.  
(F) A derivative of 1 or more of these technologies, and any other technology  
capable of controlling multiple combustion emissions simultaneously with improved  
boiler or generation efficiency and with significantly greater waste reduction relative to  
the performance of technology in widespread commercial use as of November 15, 1990,  
as determined by the United States environmental protection agency, in consultation with  
the Secretary of Energy.  
(ii) Repowering shall also include any oil and/or gas-fired unit which has been  
awarded clean coal technology demonstration funding as of January 1, 1991, by the  
United States Department of Energy.  
Page 11  
(iii) The department shall give expedited consideration to permit applications for  
any source that satisfies the definition of repowering and is granted an extension under  
section 409 of the clean air act.  
(pp) “Secondary emissions” means emissions which occur as a result of the  
construction or operation of a major stationary source or major modification, but do not  
come from the major stationary source or major modification itself. For this rule,  
secondary emissions shall be specific, well defined, quantifiable, and impact the same  
general areas the stationary source modification which causes the secondary emissions.  
Secondary emissions include emissions from any offsite support facility which would not  
be constructed or increase its emissions except as a result of the construction or operation  
of the major stationary source or major modification. Secondary emissions do not  
include any emissions which come directly from a mobile source, such as emissions from  
the tailpipe of a motor vehicle, from a train, or from a vessel.  
(qq) “Significant” means:  
(i) In reference to a net emissions increase or the potential of a source to emit any  
of the following pollutants, a rate of emissions that would equal or exceed any of the  
following pollutant emission rates:  
(A) Carbon monoxide: 100 tons per year.  
(B) Oxides of nitrogen: 40 tons per year.  
(C) Sulfur dioxide: 40 tons per year.  
(D) Particulate matter: 25 tons per year of particulate matter emissions.  
(E) PM-10: 15 tons per year of PM-10 emissions.  
(F) PM 2.5: 10 tons per year of PM 2.5 emissions; 40 tons per year of sulfur  
dioxide emissions; 40 tons per year of oxides of nitrogen emissions.  
(G) Ozone: 40 tons per year of volatile organic compounds or oxides of nitrogen.  
(H) Lead: 0.6 tons per year.  
(I) Fluorides: 3 tons per year.  
(J) Sulfuric acid mist: 7 tons per year.  
(K) Hydrogen sulfide: 10 tons per year.  
(L) Total reduced sulfur, including hydrogen sulfide: 10 tons per year.  
(M) Reduced sulfur compounds, including hydrogen sulfide: 10 tons per year.  
(N) Municipal waste combustor organics, measured as total tetra- through octa-  
chlorinated dibenzo-p-dioxins and dibenzofurans: 3.2 × 10−6 megagrams per year or 3.5  
× 10−6 tons per year.  
(O) Municipal waste combustor metals, measured as particulate matter: 14  
megagrams per year or 15 tons per year.  
(P) Municipal waste combustor acid gases, measured as sulfur dioxide and  
hydrogen chloride: 36 megagrams per year or 40 tons per year.  
(Q) Municipal solid waste landfill emissions, measured as nonmethane organic  
compounds: 45 megagrams per year or 50 tons per year.  
(ii) In reference to a net emissions increase or the potential of a source to emit a  
regulated new source review pollutant not listed in this definition, any emissions rate.  
(iii) Any emissions rate or any net emissions increase associated with a major  
stationary source or major modification, which would construct within 10 kilometers of a  
class I area, and have an impact on such area equal to or greater than 1 microgram per  
cubic meter (24hour average).  
Page 12  
(rr) “Significant emissions increase” means, for a regulated new source review  
pollutant, an increase in emissions that is significant for that pollutant.  
(ss) “Stationary source” means any building, structure, facility, or installation which  
emits or may emit a regulated new source review pollutant.  
(tt) “Temporary clean coal technology demonstration project” means a clean coal  
technology demonstration project that is operated for a period of 5 years or less, and  
which complies with the state implementation plan and other requirements necessary to  
attain and maintain the national ambient air quality standards during and after the project  
is terminated.  
History: 2006 AACS; 2008 AACS; 2011 AACS; 2012 AACS; 2019 AACS.  
Editor's Note: An obvious error in R 336.2801 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 336.2801a Rescinded.  
History: 2006 AACS; 2019 AACS.  
R 336.2802 Applicability.  
Rule 1802. (1) This part applies to the construction of a new major stationary source  
or a project at an existing major stationary source in an area designated as attainment or  
unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the clean air act.  
(2) The requirements of R 336.2810 to R 336.2818 apply to the construction of any  
new major stationary source or the major modification of any existing major stationary  
source, except as this rule otherwise provides.  
(3) No new major stationary source or major modification to which R 336.2810 to  
R 336.2818(2) apply shall begin actual construction without a permit to install issued  
under R 336.1201(1)(a) that states that the major stationary source or major modification  
will meet those requirements.  
(4) This part applies to the construction of new major sources and major  
modifications to existing major sources in the following manner:  
(a) Except as otherwise provided in subrule (5) of this rule, and consistent with the  
definition of major modification, a project is a major modification for a regulated new  
source review pollutant if it causes both of the following types of emissions increases:  
(i) A significant emissions increase.  
(ii) A significant net emissions increase.  
The project is not a major modification if it does not cause a significant emissions  
increase. If the project causes a significant emissions increase, then the project is a major  
modification only if it also results in a significant net emissions increase.  
(b) The procedure for calculating whether a significant emissions increase will  
occur depends upon the type of emissions units being modified. The procedure for  
calculating whether a significant net emissions increase will occur at the major stationary  
source is contained in the definition of net emissions increase. Regardless of  
Page 13  
preconstruction projections, a major modification results if the project causes a  
significant emissions increase and a significant net emissions increase.  
(c) The actual-to-projected-actual applicability test may be used for projects that  
only involve existing emissions units. A significant emissions increase of a regulated  
new source review pollutant is projected to occur if the sum of the difference between the  
projected actual emissions and the baseline actual emissions for each existing emissions  
unit equals or exceeds the significant amount for that pollutant.  
(d) The actual-to-potential test may be used for projects that involve construction  
of new emission units or modification of existing emission units. A significant emissions  
increase of a regulated new source review pollutant is projected to occur if the sum of the  
difference between the potential to emit from each new or modified emission unit  
following completion of the project and the baseline actual emissions of these units  
before the project equals or exceeds the significant amount for that pollutant.  
(e) The hybrid test may be used for projects that involve multiple types of  
emissions units. A significant emissions increase of a regulated new source review  
pollutant is projected to occur if the sum of the emissions increases for each emissions  
unit, using the appropriate methods specified in this subrule as applicable with respect to  
each emissions unit, for each type of emissions unit equals or exceeds the significant  
amount for that pollutant.  
(5) For any major stationary source with a plant wide applicability limit for a  
regulated new source review pollutant, the major stationary source shall comply with R  
336.2823.  
History: 2006 AACS; 2019 AACS.  
R 336.2803 Ambient air increments  
Rule 1803. In areas designated as class I, II, or III, increases in pollutant  
concentration over the baseline concentration shall be limited to all of the following:  
Table 182  
Ambient Air Increments  
Maximum Allowable Increase  
(micrograms per cubic meter)  
Pollutant  
CLASS I  
Particulate matter:  
PM-10, annual arithmetic mean  
PM-10, 24-hour maximum  
PM 2.5, annual arithmetic mean  
PM 2.5, 24-hour maximum  
4
8
1
2
Sulfur dioxide:  
Annual arithmetic mean  
24-hour maximum  
3-hour maximum  
2
5
25  
Nitrogen dioxide:  
Page 14  
Maximum Allowable Increase  
(micrograms per cubic meter)  
Pollutant  
CLASS I  
Annual arithmetic mean  
2.5  
CLASS II  
Particulate matter:  
PM-10, annual arithmetic mean  
PM-10, 24-hour maximum  
PM 2.5, annual arithmetic mean  
PM 2.5, 24-hour maximum  
17  
30  
4
9
Sulfur dioxide:  
Annual arithmetic mean  
24-hour maximum  
3-hour maximum  
20  
91  
512  
Nitrogen dioxide:  
Annual arithmetic mean  
25  
CLASS III  
Particulate matter:  
PM-10, annual arithmetic mean  
PM-10, 24-hour maximum  
PM 2.5, annual arithmetic mean  
PM 2.5, 24-hour maximum  
34  
60  
8
18  
Sulfur dioxide:  
Annual arithmetic mean  
24-hour maximum  
3-hour maximum  
40  
182  
700  
Nitrogen dioxide:  
Annual arithmetic mean  
50  
For any period other than an annual period, the applicable maximum allowable  
increase may be exceeded during 1 period per year at any 1 location.  
History: 2006 AACS; 2012 AACS.  
R 336.2804 Ambient air ceilings.  
Rule 1804. The concentration of a pollutant shall not exceed either of the following:  
(a) The concentration permitted under the national secondary ambient air quality  
standard.  
(b) The concentration permitted under the national primary ambient air quality  
standard, whichever concentration is lowest for the pollutant for a period of exposure.  
Page 15  
History: 2006 AACS.  
R 336.2805 Restrictions on area classifications.  
Rule 1805. (1) All of the following areas in existence on August 7, 1977, shall be  
class I areas and shall not be redesignated:  
(a) International parks.  
(b) National wilderness areas which exceed 5,000 acres in size, including Seney  
National Wildlife Refuge.  
(c) National memorial parks which exceed 5,000 acres in size.  
(d) National parks which exceed 6,000 acres in size, including Isle Royale National  
Park.  
(2) Areas which were redesignated as class I under federal regulations promulgated  
before August 7, 1977, shall remain class I, but may be redesignated as provided in this  
rule.  
(3) Any other area, unless otherwise specified in the legislation creating such an area,  
is initially designated class II, but may be redesignated as provided in this rule.  
(4) Both of the following areas may be redesignated only as class I or II:  
(a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a  
national monument, a national primitive area, a national preserve, a national recreational  
area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or  
seashore.  
(b) A national park or national wilderness area established after August 7, 1977,  
which exceeds 10,000 acres in size.  
History: 2006 AACS.  
R 336.2806 Exclusions from increment consumption.  
Rule 1806. (1) The following concentrations shall be excluded in determining  
compliance with a maximum allowable increase:  
(a) Concentrations attributable to the increase in emissions from stationary sources  
which have converted from the use of petroleum products, natural gas, or both, by reason  
of an order in effect under section 2 (a) and (b) of the Energy Supply and Environmental  
Coordination Act of 1974 over the emissions from the identical sources before the  
effective date of the order.  
(b) Concentrations attributable to the increase in emissions from sources which have  
converted from using natural gas by reason of natural gas curtailment plan in effect under  
the Federal Power Act over the emissions from sources before the effective date of the  
plan.  
(c) Concentrations of particulate matter attributable to the increase in emissions from  
construction or other temporary emission-related activities of new or modified sources.  
(d) The increase in concentrations attributable to new sources outside the United  
States over the concentrations attributable to existing sources which are included in the  
baseline concentration.  
Page 16  
(e) Concentrations attributable to the temporary increase in emissions of sulfur  
dioxide, particulate matter, or oxides of nitrogen from stationary sources which are  
affected by plan revisions approved by the United States environmental protection  
agency.  
(2) An exclusion of concentrations shall not apply more than 5 years after the  
effective date of the order to which subrule (1)(a) of this rule refers or the plan to which  
subrule (1)(b) of this rule refers, whichever is applicable. If both the order and plan are  
applicable, then the exclusion shall not apply more than 5 years after the later of such  
effective dates.  
History: 2006 AACS.  
R 336.2807 Redesignation.  
Rule 1807. (1) All areas of the state, except those designated as class I pursuant to  
R 336.2805 are designated as class II. Redesignation, except as otherwise precluded by  
R 336.2805, may be proposed by the department, as provided in subrule (2) of this rule,  
subject to approval by the United States environmental protection agency as a revision to  
the state implementation plan.  
(2) The department may submit to the United States environmental protection  
agency a proposal to redesignate areas of the state class I or class II, based on all of the  
following:  
(a) At least 1 public hearing has been held under MCL 324.5511.  
(b) Other states, Indian governing bodies, and federal land managers whose lands  
may be affected by the proposed redesignation were notified at least 30 days before the  
public hearing.  
(c) A discussion of the reasons for the proposed redesignation, including a  
satisfactory description and analysis of the health, environmental, economic, social, and  
energy effects of the proposed redesignation, was prepared and made available for public  
inspection at least 30 days before the hearing and the notice announcing the hearing  
contained appropriate notification of the availability of such discussion.  
(d) Before the issuance of notice respecting the redesignation of an area that  
includes any federal lands, the department has provided written notice to the appropriate  
federal land manager and afforded adequate opportunity, not more than 60 days, to confer  
with the department respecting the redesignation and to submit written comments and  
recommendations. In redesignating an area with respect to which a federal land manager  
had submitted written comments and recommendations, the department shall have  
published a list of any inconsistency between the redesignation and comments and  
recommendations, together with the reasons for making the redesignation against the  
recommendation of the federal land manager.  
(e) The department has proposed the redesignation after consultation with the  
elected leadership of local and other substate general purpose governments in the area  
covered by the proposed redesignation.  
History: 2006 AACS; 2019 AACS.  
Page 17  
R 336.2808 Stack heights.  
Rule 1808. The degree of emission limitation required for control of any air  
pollutant under this rule shall not be affected in any manner by either of the following:  
(a) So much of a stack height, not in existence before December 31, 1970, as exceeds  
good engineering practice.  
(b) Any other dispersion technique not implemented before December 31, 1970.  
History: 2006 AACS.  
R 336.2809 Exemptions.  
Rule 1809. (1) The requirements of R 336.2810 to R 336.2818 do not apply to a  
particular major stationary source or major modification if either of the following occurs:  
(a) The major stationary source would be a nonprofit health or nonprofit  
educational institution or a major modification that would occur at such an institution.  
(b) The source or modification would be a major stationary source or major  
modification only if fugitive emissions, to the extent quantifiable, are considered in  
calculating the potential to emit of the stationary source or modification and the source is  
not required to include fugitives in its potential to emit under R 336.2801(cc)(v).  
(c) The source or modification is a portable stationary source which has previously  
received a permit under R 336.2810 to R 336.2818, if all of the following occur:  
(i) The source proposes to relocate and emissions of the source at the new location  
would be temporary.  
(ii) The emissions from the source would not exceed its allowable emissions.  
(iii) The emissions from the source would not impact a class I area or an area  
where an applicable increment is known to be violated.  
(iv) Reasonable notice is given to the department before the relocation identifying  
the proposed new location and the probable duration of operation at the new location.  
Notice shall be given to the department not less than 10 days in advance of the proposed  
relocation unless a different time duration is previously approved by the department.  
(2) The requirements of R 336.2810 to R 336.2818 do not apply to a major  
stationary source or major modification with respect to a particular pollutant if the owner  
or operator demonstrates that, as to that pollutant, the source or modification is subject to  
new source review for major sources in nonattainment areas regulations.  
(3) The requirements of R 336.2811, R 336.2813, and R 336.2815 do not apply to a  
proposed major stationary source or major modification with respect to a particular  
pollutant, if the allowable emissions of that pollutant from a new source, or the net  
emissions increase of that pollutant from a modification, would be temporary and would  
not impact a class I area or an area where an applicable increment is known to be  
violated.  
(4) The requirements of R 336.2811, R 336.2813, and R 336.2815, as they relate to  
any maximum allowable increase for a class II area, do not apply to a modification of a  
major stationary source that was in existence on March 1, 1978, if the net increase in  
allowable emissions of each regulated new source review pollutant from the modification  
after the application of best available control technology would be less than 50 tons per  
year.  
Page 18  
(5) The department may exempt a proposed major stationary source or major  
modification from R 336.2813, with respect to monitoring for a particular pollutant, if  
any of the following occur:  
(a) The emissions increase of the pollutant from a new stationary source or the net  
emissions increase of the pollutant from a modification would cause, in any area, air  
quality impacts less than the following amounts:  
(i) Carbon monoxide -- 575 micrograms per cubic meter, 8-hour average.  
(ii) Nitrogen dioxide -- 14 micrograms per cubic meter, annual average.  
(iii) Particulate matter -- 10 micrograms per cubic meter of PM-10, 24-hour  
average. 0 micrograms per cubic meter of PM 2.5, 24-hour average.  
(iv) Sulfur dioxide -- 13 micrograms per cubic meter, 24-hour average.  
(v) Ozone There is no de minimis air quality level for ozone. However, any net  
increase of 100 tons per year or more of volatile organic compounds or oxides of nitrogen  
subject to PSD would be required to perform an ambient impact analysis, including the  
gathering of ambient air quality data.  
(vi) Lead -- 0.1 micrograms per cubic meter, 3-month average.  
(vii) Fluorides -- 0.25 micrograms per cubic meter, 24-hour average.  
(viii) Total reduced sulfur -- 10 micrograms per cubic meter, 1-hour average.  
(ix) Hydrogen sulfide -- 0.2 micrograms per cubic meter, 1-hour average.  
(x) Reduced sulfur compounds -- 10 micrograms per cubic meter, 1-hour average.  
(b) The concentrations of the pollutant in the area that the source or modification  
would affect are less than the concentrations listed in subdivision (a) of this subrule.  
(c) The pollutant is not listed in subdivision (a) of this subrule.  
History: 2006 AACS; 2012 AACS; 2019 AACS.  
R 336.2810 Control technology review.  
Rule 1810. (1) A major stationary source or major modification shall meet each  
applicable emissions limitation under the state implementation plan and each applicable  
emission standards and standard of performance under 40 C.F.R. parts 60 and 61,  
adopted by reference in R 336.1902.  
(2) A new major stationary source shall apply best available control technology for  
each regulated new source review pollutant that it would have the potential to emit in  
significant amounts.  
(3) A major modification shall apply best available control technology for each  
regulated new source review pollutant for which it would be a significant net emissions  
increase at the source. This subrule applies to each proposed emissions unit at which a  
net emissions increase in the pollutant would occur as a result of a physical change or  
change in the method of operation in the unit.  
(4) For phased construction projects, the determination of best available control  
technology shall be reviewed and modified as appropriate at the latest reasonable time  
which occurs not later than 18 months before commencement of construction of each  
independent phase of the project. At such time, the owner or operator of the applicable  
stationary source may be required to demonstrate the adequacy of any previous  
determination of best available control technology for the source.  
Page 19  
History: 2006 AACS; 2019 AACS.  
R 336.2811 Source impact analysis.  
Rule 1811. The owner or operator of the proposed major source or major  
modification shall demonstrate that allowable emission increases from the proposed  
major source or major modification, in conjunction with all other applicable emissions  
increases or reduction, including secondary emissions, shall not cause or contribute to air  
pollution in violation of either of the following:  
(a) Any national ambient air quality standard in any air quality control region.  
(b) Any applicable maximum allowable increase over the baseline concentration in  
any area.  
History: 2006 AACS.  
R 336.2812 Air quality models.  
Rule 1812. (1) All applications of air quality modeling involved in R 336.2801 to R  
336.2819, R 336.2823, and R 336.2830 shall use the methods specified in R 336.1240.  
(2) If an air quality model specified in R 336.1240 is inappropriate, then the model  
may only be modified or another model substituted with the written approval of the  
United States environmental protection agency. In addition, use of a modified or  
substituted model shall be subject to the notice and opportunity for public comment in R  
336.2817.  
History: 2006 AACS.  
R 336.2813 Air quality analysis.  
Rule 1813. (1) Pre-application analysis includes all of the following:  
(a) Any application for a permit under this rule shall contain an analysis of ambient  
air quality in the area that the major stationary source or major modification would affect  
for each of the following pollutants:  
(i) For the major source, each pollutant that it would have the potential to emit in  
a significant amount.  
(ii) For the modification, each pollutant for which it would result in a significant  
net emissions increase.  
(b) For a pollutant for which a national ambient air quality standard does not exist,  
the analysis shall contain air quality monitoring data required by the department to assess  
ambient air quality for that pollutant in any area that the emissions of that pollutant would  
affect.  
(c) For a pollutant, other than nonmethane hydrocarbons, for which such a standard  
does exist, the analysis shall contain continuous air quality monitoring data gathered for  
determining whether emissions of that pollutant would cause or contribute to a violation  
of the standard or any maximum allowable increase.  
(d) The continuous air monitoring data that is required shall have been gathered  
over a period of 1 year and shall represent the year preceding receipt of the application,  
Page 20  
except that, if the department determines that a complete and adequate analysis may be  
accomplished with monitoring data gathered over a period less than 1 year, but not less  
than 4 months, the data that is required shall have been gathered over at least that shorter  
period.  
(e) The owner or operator of a proposed major stationary source or major  
modification of volatile organic compounds who satisfies all conditions of 40 C.F.R. part  
51, appendix S, section IV, may provide post-approval monitoring data for ozone instead  
of providing preconstruction data as otherwise required by this rule. The provisions of 40  
C.F.R., part 51, appendix S, section IV, are adopted by reference in R 336.1902.  
(2) For post-construction monitoring, the owner or operator of a major stationary  
source or major modification shall, after construction of the major stationary source or  
major modification, conduct such ambient monitoring as the department requires to  
determine the effect emissions from the major stationary source or major modification  
may have, or are having, on air quality in any area.  
(3) For operation of monitoring stations, the owner or operator of a major stationary  
source or major modification shall meet the requirements of 40 C.F.R. part 58, appendix  
B, during the operation of monitoring stations for purposes of satisfying this rule. The  
provisions of 40 C.F.R., part 58, appendix B, are adopted by reference in R 336.1902.  
History: 2006 AACS; 2019 AACS.  
R 336.2814 Source information.  
Rule 1814. (1) The owner or operator of a proposed major source or major  
modification shall submit all information necessary to perform an analysis or make a  
determination required under this rule.  
(2) Information shall include all of the following:  
(a) A description of the nature, location, design capacity, and typical operating  
schedule of the major source or major modification, including specifications and  
drawings showing its design and plant layout.  
(b) A detailed schedule for construction of the major source or major modification.  
(c) A detailed description as to what system of continuous emission reduction is  
planned by the major source or major modification, emission estimates, and any other  
information to determine that best available control technology, as applicable, would be  
applied.  
(3) Upon request of the department, the owner or operator shall provide information  
on both of the following:  
(a) The air quality impact of the major source or major modification, including  
meteorological and topographical data necessary to estimate impact.  
(b) The air quality impacts and the nature and extent of any or all general  
commercial, residential, industrial, and other growth which has occurred since August 7,  
1977, in the area the major source or major modification would affect.  
History: 2006 AACS.  
R 336.2815 Additional impact analyses.  
Page 21  
Rule 1815. (1) The owner or operator shall provide an analysis of the impairment to  
visibility, soils, and vegetation that would occur as a result of the major source or major  
modification and general commercial, residential, industrial, and other growth associated  
with the major source or major modification. The owner or operator need not provide an  
analysis of the impact on vegetation having no significant commercial or recreational  
value.  
(2) The owner or operator shall provide an analysis of the air quality impact  
projected for the area as a result of general commercial, residential, industrial, and other  
growth associated with the major source or major modification.  
History: 2006 AACS.  
R 336.2816 Sources impacting federal class I areas; additional requirements.  
Rule 1816. (1) The department shall transmit to the United States environmental  
protection agency a copy of each permit application relating to a major stationary source  
or major modification and provide notice to the United States environmental protection  
agency of every action related to the consideration of the permit.  
(2) If an applicant submits a permit application to the department for a proposed  
major stationary source or major modification that affects a federal class I area, the  
applicant must submit to the department and the federal land manager charged with direct  
responsibility for management of class I lands a demonstration of the impact the  
emissions from the proposed source or modification would have on the air quality related  
values of class I lands, including visibility. The department shall be available to consult  
with and provide additional information to the federal land manager during the federal  
land manager’s review of the demonstration submitted by the applicant, if necessary, to  
complete the review of the demonstration.  
(3) If the federal land manager’s review of the applicant’s demonstration results in a  
finding that the emissions from the proposed major source or major modification would  
have an adverse impact on the air quality related values of class I areas, including  
visibility, notwithstanding that the change in air quality resulting from emissions from a  
major source or major modification would not cause or contribute to concentrations that  
would exceed the maximum allowable increases for a class I area, and if the department  
concurs with such finding, then the department shall not approve the permit application.  
(4) If the department determines that the emissions from a proposed major source or  
major modification would cause or contribute to concentrations which would exceed the  
maximum allowable increases for a class I area, the department shall not approve a  
permit application unless the applicable requirements of Michigan’s state implementation  
plan are otherwise met and 1 of the following occurs:  
(a) The applicant submits a written certification that the applicant has demonstrated  
to the federal land manager that the emissions from the proposed major source or major  
modification would have no adverse impact on the air quality related values of class I  
lands, including visibility, notwithstanding that the change in air quality resulting from  
emissions from a major source or major modification would cause or contribute to  
concentrations that would exceed the maximum allowable increases for a class I area.  
The department may then, provided that applicable requirements are otherwise met, issue  
Page 22  
the permit with emission limitations to assure that emissions of sulfur dioxide, particulate  
matter, and oxides of nitrogen would not exceed the following maximum allowable  
increases over minor source baseline concentration for the pollutants:  
Table 183  
Maximum allowable increases over minor source baseline concentrations  
Maximum Allowable Increase  
(micrograms per cubic meter)  
Pollutant  
Particulate matter:  
PM-10, annual arithmetic mean  
PM-10, 24-hour maximum  
PM 2.5, annual arithmetic mean  
PM 2.5, 24-hour maximum  
Sulfur dioxide:  
17  
30  
4
9
Annual arithmetic mean  
24-hour maximum  
20  
91  
3-hour maximum  
325  
Nitrogen dioxide:  
Annual arithmetic mean  
25  
(b) If the department cannot approve the permit application under R 336.2816(4)(a)  
due to sulfur dioxide emissions resulting in increases greater than those specified in table  
183 for periods of 24 hours or less, the applicant may obtain approval by providing a  
written certification that the applicant has demonstrated to the federal land manager that  
the emissions from the proposed major source or major modification would have no  
adverse impact on the air quality related values of class I lands, including visibility, and  
that both the governor and the federal land manager have granted a sulfur dioxide  
variance for the federal class I area on which variance the public has received notice and  
opportunity for public hearing.  
(c) If the department cannot approve the permit application under R 336.2816(4)(a)  
due to sulfur dioxide emissions resulting in increases greater than those specified in table  
183 for periods of 24 hours or less, and the department cannot approve the permit  
application under R 336.2816(4)(b) because the federal land manager does not concur  
with the governor’s issuance of a sulfur dioxide variance that is otherwise consistent with  
R 336.2816(4)(b), the applicant may obtain approval by providing a written certification  
that the applicant has demonstrated to the president that a sulfur dioxide variance is in the  
national interest and the president concurs with the issuance of the sulfur dioxide  
variance by the governor. The applicant shall transfer the recommendations of the  
governor and the federal land manager to the president in any case where the governor  
recommends a variance in which the federal land manager does not concur.  
(5) The department will not issue a permit affecting a class I area in which a sulfur  
dioxide variance was granted under R 336.2816(4)(b) or (c), unless the permit includes  
emission limitations necessary to assure that emissions of sulfur dioxide from the major  
source or major modification would not, during any day on which the otherwise  
applicable maximum allowable increases are exceeded, cause or contribute to  
Page 23  
concentrations which would exceed the following maximum allowable increases over the  
baseline concentration and to assure that emissions would not cause or contribute to  
concentrations which exceed the otherwise applicable maximum allowable increases for  
periods of exposure of 24 hours or less for more than 18 days, not necessarily  
consecutive, during any annual period.  
Table 184  
Maximum Allowable Sulfur Dioxide Increments  
Period Of Exposure  
Maximum Allowable Increase  
(Micrograms Per Cubic Meter)  
Terrain Areas  
Low  
36  
130  
High  
62  
221  
24-hour maximum  
3-hour maximum  
History: 2006 AACS; 2008 AACS; 2011 AACS; 2012 AACS; 2019 AACS.  
R 336.2817 Public participation.  
Rule 1817. (1) The department shall notify all applicants within a specified time  
period as to the completeness of the application or any deficiency in the application or  
information submitted. If there is a deficiency, then the date of receipt of the application  
shall be the date on which the department received all required information.  
(2) Within 120 days after receipt of a technically complete application, the  
department shall do all of the following:  
(a) Make a preliminary determination whether construction should be approved,  
approved with conditions, or disapproved.  
(b) Make available in at least 1 location in each region in which the proposed major  
source would be constructed a copy of all materials the applicant submitted, a copy of the  
preliminary determination, and a copy or summary of other materials, if any, considered  
in making the preliminary determination.  
(c) Notify the public, by advertisement in a newspaper of general circulation in each  
region in which the proposed major source would be constructed, of the application, the  
preliminary determination, the degree of increment consumption that is expected from the  
major source or major modification, and of the opportunity for comment at a public  
hearing as well as written public comment.  
(d) Send a copy of the notice of public comment to the applicant, to the United States  
environmental protection agency, and to officials and agencies having cognizance over  
the location where the proposed construction would occur. The notice shall also be sent  
to any other state or local air pollution control agencies; the chief executives of the city  
and county where the major source would be located; any comprehensive regional land  
use planning agency; and any state, federal land manager, or Indian governing body  
whose lands may be affected by emissions from the major source or major modification.  
(e) Provide opportunity for a public hearing for interested persons to appear and  
submit written or oral comments on the air quality impact of the major source,  
alternatives to it, the control technology required, and other appropriate considerations.  
Page 24  
(f) Consider all written comments submitted within a time specified in the notice of  
public comment and all comments received at any public hearing in making a final  
decision on the approvability of the application. The department shall make all  
comments available for public inspection in the same locations where the department  
made available preconstruction information relating to the proposed major source or  
major modification.  
(g) Make a final determination whether construction should be approved, approved  
with conditions, or disapproved.  
(h) Notify the applicant in writing of the final determination and make the  
notification available for public inspection at the same location where the department  
made available preconstruction information and public comments relating to the major  
source.  
History: 2006 AACS.  
R 336.2818 Source obligation.  
Rule 1818. (1) Approval to construct shall not relieve an owner or operator of the  
responsibility to comply fully with applicable provisions of the state implementation plan  
and any other requirements under local, state, or federal law.  
(2) If a particular major source or major modification becomes a major stationary  
source or major modification solely by virtue of a relaxation in any enforceable limitation  
which was established after August 7, 1980, on the capacity of the major source or major  
modification otherwise to emit a pollutant, such as a restriction on hours of operation,  
then the requirements of R 336.2810 to R 336.2819 shall apply to the major source or  
major modification as though construction had not yet commenced on the major source  
or major modification.  
(3) All of the following provisions apply to any regulated new source review  
pollutant emitted from projects at existing emissions units at a major stationary source,  
other than projects at a major source with a plant wide applicability limit, where there is a  
reasonable possibility, as defined in R 336.2818(3)(f), that a project that is not a part of a  
major modification may result in a significant emissions increase of such pollutant, and  
the owner or operator elects to use the method specified in R 336.2801(ll)(ii)(A) to (C)  
for calculating projected actual emissions:  
(a) Before beginning actual construction of the project, the owner or operator shall  
document and maintain a record of all of the following information:  
(i) A description of the project.  
(ii) Identification of the emissions unit or units whose emissions of a regulated new  
major source review pollutant may be affected by the project.  
(iii) A description of the applicability test used to determine that the project is not a  
major modification for any regulated new source review pollutant, including the baseline  
actual emissions, the projected actual emissions, the amount of emissions excluded under