specified in subrule (1) of this rule and which has any portion of its facility property
boundaries located within 1 mile of the monitor that recorded the violation shall be in
compliance with 1 or both of the following provisions, as applicable:
(a) If the violation is of the annual PM-10 national ambient air quality standards, then the
company shall be in compliance with the requirements of subrule (3)(a) of this rule within
60 days after receipt of the notification or shall implement the fugitive dust control
strategies submitted pursuant to subrule (3)(b) of this rule within 60 days after receipt of
the notification.
(b) If the violation is of the 24-hour PM-10 national ambient air quality standard, then a
company that is located in the portion of an area which has a 1-mile radius centered upon
the monitor and which remains after the largest contiguous portion of the circular area is
removed that contains wind direction sectors for which no detectable wind speed
measurements were made for all calendar days used as the basis for the 24-hour PM-10
violation, shall be in compliance with the requirements of subrule (3) of this rule within 60
days after receipt of the notification or shall implement the fugitive dust control strategies
submitted pursuant to subrule (3)(b) of this rule within 60 days after receipt of the
notification. The determination shall be made using wind rose plots generated with wind
speed and direction data obtained from the Detroit metropolitan airport, unless more
representative data is available.
If a company elects to submit process or combustion source control strategies pursuant to
subrule (3)(b)(ii) or (iii) of this rule, then the company shall commence the schedule to
implement the process or combustion source control strategies upon notification of a
violation of the national ambient air quality standard for PM-10. If 60 days has passed
after a company is notified of a violation of the PM-10 national ambient air quality standard
and control strategies have been submitted to the department pursuant to subrule (3)(b) of
this rule which have not yet been approved into the state implementation plan by the United
States environmental protection agency, then the company shall be subject to the opacity
limit in subrule (3)(a) of this rule pursuant to the implementation procedures contained in
this rule until the company has been notified that the control strategies have been approved
by the United States environmental protection agency as a revision to the Michigan state
implementation plan and written notification has been received by the department from the
company stating that the controls have been implemented.
The provisions of 40 C.F.R. §50.6 (2000), are adopted by reference in these rules and are
available for inspection and purchase at the Department of Environmental Quality, Air
Quality Division, P.O. Box 30260, Lansing, Michigan 48909- 7760, at cost. Copies may
be obtained from the Superintendent of Documents, Government Printing Office, P.O. Box
371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as of the time of adoption of these
rules of $28.00, or on the United States government printing office internet web site at
(3) The owner or operator of a facility that is subject to the requirements of this rule shall
comply with either of the following provisions:
(a) The owner or operator shall not allow the fugitive dust emissions from any paved or
unpaved road to exceed an opacity of more than 10%. The opacity shall be determined by
method 9 specified in 40 C.F.R. Part 60, appendix A, which is adopted by reference in R
336.2004, except that the number of readings for each vehicle pass will be 3 taken at 5-
second intervals. The first reading shall be at the point of maximum opacity. The second
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Courtesy of Michigan Administrative Rules