DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

(By authority conferred on the director of the department of environment, Great

Lakes, and energy by sections 5503 and 5512 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.5503 and 324.5512, and Executive

Reorganization Order Nos. 1995-16, 2009-31, 2011-1, and 2019-1, MCL 324.99903,

324.99919, 324.99921, and 324.99923)

PART 8. EMISSION LIMITATIONS AND PROHIBITIONS- OXIDES OF

NITROGEN

R 336.1801 Emission of oxides of nitrogen (NOx) from non-SIP call stationary

sources.

Rule 801. (1) As used in this rule:

(a) “Btu” means a British thermal unit.

(b) "Capacity factor" means either of the following:

(i) The ratio of a unit's actual annual electric output, expressed in megawatt hour,

to the unit's nameplate capacity times 8,760 hours.

(ii) The ratio of a unit's annual heat input, expressed in million Btu or equivalent

units of measure, to the unit's maximum design heat input, expressed in million Btus per

hour or equivalent units of measure, times 8,760 hours.

(c) “Electricity-generating utility unit” means a unit that produces electricity for

sale.

(d) "Fossil fuel-fired" means the actual combustion of fossil fuel, which includes

coke oven gas, alone or in combination with another fuel, where either of the following

quantities are greater than 50% on an annual basis:

(i) Sum of the mass of fossil fuels combusted divided by the total mass of all fuels

combusted.

(ii) Sum of the annual heat inputs for fossil fuels combusted divided by the total

heat input for all fuels combusted. Annual heat inputs are on a Btu basis.

(e) "Low-NOx burners" means 1 of several developing combustion technologies

used to minimize the formation of emissions of nitrogen oxides. As applicable to cement

kilns, low-NOx burners means a type of cement kiln burner system designed to minimize

NOx formation by controlling flame turbulence, delaying fuel/air mixing, and

establishing fuel-rich zones for initial combusting, that for firing of solid fuel in the

burning end zone of a kiln's main burner includes an indirect firing system or comparable

technique for the main burner in the burning end zone of the kiln to minimize the amount

of primary air supplied through the burner. In an indirect firing system, 1 air stream is

used to convey pulverized fuel from the grinding equipment and at least 1 or more other

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air streams are used to supply primary air to the burning end zone kiln burner of the kiln

with the pulverized fuel, with intermediate storage of the fuel, and necessary safety and

explosion prevention systems associated with the intermediate storage of fuel.

(f) "Mid-kiln system firing" means the secondary firing in a kiln system by injecting

solid fuel at an intermediate point in the kiln system using a specially designed heat

injection mechanism for the purpose of decreasing NOx emissions through coal burning

part of the fuel at lower temperatures and reducing conditions at the fuel injection point

that may destroy some of the NOx.

(g) "Non-SIP call source" means any stationary source of NOx emissions that is not

a NOx budget source subject to R 336.1802.

(h) “NOx” means oxides of nitrogen.

(i) "Ozone control period" means the period of May 1 through September 30.

(j) "Peaking unit" means an electricity-generating utility unit that has an average

capacity factor of not more than 10% during the previous 3 calendar years and a capacity

factor of not more than 20% in each of those calendar years.

(k) "Process heater" means any combustion equipment which is fired by a liquid

fuel or a gaseous fuel, or both, and which is used to transfer heat from the combustion

gases to a process fluid, superheated steam, or water.

(l) “SIP” means state implementation plan.

(m) "Unit" means a fossil fuel-fired combustion device.

(2) Except as provided in subrule (11) of this rule, any fossil fuel-fired unit that

meets both of the following requirements is subject to this rule:

(a) A unit that has the potential to emit more than 25 tons of NOx each ozone

control period.

(b) A unit that has a maximum rated heat input capacity of more than 250 million

Btu, per hour.

(3) An owner or operator of an emission unit subject to this rule shall comply with

the following provisions, as applicable:

(a) An owner or operator of a fossil fuel-fired, electricity-generating utility unit that

serves a generator that has a nameplate capacity of less than 25 megawatts shall comply

with the appropriate NOx emission limit in table 81 of this rule.

(b) An owner or operator of a fossil fuel-fired boiler or process heater shall meet the

emission limits contained in table 81 of this rule.

(c) An owner or operator of a gas-fired boiler or process heater that fires gaseous

fuel that contains more than 50% hydrogen by volume shall comply with an NOx

emission limit of 0.25 pounds per million Btu heat input.

(d) An owner or operator of a stationary internal combustion engine that is subject

to the provisions of this rule and has a maximum rated heat input capacity that is the heat

input at 80 degrees Fahrenheit at sea level and takes into account inlet and exhaust losses

shall comply with the following NOx emission limits, as applicable:

(i) For a natural gas-fired stationary internal combustion engine - 14 grams of NOx

per brake horsepower hour at rated output.

(ii) For a diesel-fired stationary internal combustion engine - 10 grams of NOx per

brake horsepower hour at rated output.

(e) An owner or operator of a cement kiln that is subject to the provisions of this

rule shall reduce kiln NOx emissions by any of the following methods:

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(i) Low-NOx burners.

(ii) Mid-kiln system firing.

(iii) A 25% rate-based reduction of NOx from 1995 levels. Compliance with this

paragraph is based on calculations showing that the emission rate, on a pounds of NOx

per ton of clinker produced basis, during each compliance ozone control period, has been

reduced below the 1995 ozone control period emission rate by 25%.

(f) An owner or operator of a stationary gas turbine that is subject to the provisions

of this rule and which has a maximum rated heat input capacity that is the heat input at

80 degrees Fahrenheit at sea level and takes into account inlet and exhaust losses shall

comply with an emission limit of 75 parts per million, dry volume, corrected to 15%

oxygen, at rated capacity.

(4) The method for determining compliance with the emission limits in subrule (3)

of this rule is as follows:

(a) If the emission limit is in the form of pounds of NOx per million Btu, then the

unit is in compliance if the sum of the mass emissions from the unit that occurred during

the ozone control period, divided by the sum of the heat input from the unit that occurred

during the ozone control period, is less than or equal to the limit in subrule (3) of this

rule.

(b) For an emission unit not subject to subdivision (a) of this subrule, the method

for determining compliance must be a method acceptable to the department.

(5) The owner or operator of a boiler, process heater, stationary internal combustion

engine, stationary gas turbine, cement kiln, or another stationary emission unit that is

subject to the provisions of subrule (3) of this rule shall measure NOx emissions by any

of the following:

(a) Performance tests described in subrule (6) of this rule.

(b) Through the use of a continuous emission monitor in accordance with the

provisions of subrule (8) of this rule.

(c) According to a schedule and using a method acceptable to the department.

(6) An owner or operator of an emission unit that measures NOx emissions by

performance tests as specified in subrule (5) of this rule shall do all of the following:

(a) Conduct an initial performance test not later than 90 days after the compliance

deadline. For an emission unit that is not in service after the compliance deadline, the

owner or operator shall contact the department and schedule an alternate initial

performance test as agreed to by the department.

(b) After the initial performance test, conduct a compliance performance test each

ozone control period or according to the following schedule:

(i) After 2 consecutive ozone control periods in which the emission unit

demonstrates compliance, an owner or operator shall conduct performance tests at least

once every 2 years during the ozone control period.

(ii) After a total of 4 consecutive ozone control periods in which the emission unit

has remained in compliance, an owner or operator shall conduct performance tests at least

once every 5 years during the ozone control period.

(c) If an emission unit is not in compliance at the end of an ozone control period,

then the owner or operator shall conduct a compliance performance test each ozone

control period, but may elect to use the alternative schedule specified in subdivision (b)

of this subrule.

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(d) An owner or operator shall submit 2 copies of each compliance performance test

to the department within 60 days after completing the testing. The test results must be

presented and include data as requested in the department format for submittal of source

emission test plans and reports. All performance test reports must be kept on file at the

plant and made available to the department on request.

(7) An owner or operator of an emission unit that is required to conduct performance

testing under subrule (5) of this rule shall submit a test plan to the department, not less

than 30 days before the scheduled test date. To ensure proper testing, the plan must

supply the information in the department format for submittal of source emission test

plans and reports. The owner or operator shall give the department a reasonable

opportunity to witness the tests.

(8) An owner or operator of an emission unit that measures NOx emissions by a

continuous emission monitoring system or an alternate method, as specified in subrule (5)

of this rule, shall do either of the following:

(a) Use the procedures set forth in 40 CFR part 60, subpart A and appendix B,

adopted by reference in R 336.1902 and comply with the quality assurance procedures in

part 60, appendix F, adopted by reference in R 336.1902 or 40 CFR part 75, adopted by

reference in R 336.1902 and associated appendices, as applicable and acceptable to the

department.

(b) Use a previously installed continuous emission monitoring system to

demonstrate compliance with this rule as long as the previously installed continuous

emission monitoring system monitors NOx pursuant to other applicable federal, state, or

local rules, meets the installation, testing, operation, calibration, and reporting

requirements specified by those federal, state, or local rules, and is acceptable to the

department.

(9) The owner or operator of an emission unit that is subject to this rule shall submit

a summary report, in an acceptable format, to the department within 60 days after the end

of each ozone control period. The report must include all of the following information:

(a) The date, time, magnitude of emissions, and emission rates where applicable, of

the specified emission unit.

(b) If emissions or emission rates exceed the emissions or rates allowed for in the

ozone control period 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 ozone control 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.

(10) Table 81 reads as follows:

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TABLE 81

Boilers and process heaters with heat input capacity of 250 million Btu or more NO_x

emission limitations (pounds NO_xper million Btu of heat input averaged over the ozone

control period)

Fuel type

Emission limit

0.20

Natural gas

Distillate oil

Residual oil

0.30

0.40

Coal

(1) Coal spreader stoker

(2) Pulverized coal fired

0.40

Gas (other than natural gas)¹

0.25

For units operating with a combination of gas, oil, or coal, a variable emission limit

calculated as the heat input weighted average of the applicable emission limits must be

used. The emission limit is determined as follows:

Emission limit = a(0.20) + b(applicable oil limit) + c(applicable coal limit) + d(0.25)

Where:

a = Is the percentage of total heat input from natural gas

b = Is the percentage of total heat input from oil

c = Is the percentage of total heat input from coal

d = Is the percentage of total heat input from gas (other than natural gas)

1

This may include a mixture of gases. In this case, natural gas may be part of the

mixture.

(11) The provisions of this rule do not apply to the following emission unit or units:

(a) A unit that is subject to NOx standards federal regulations under 40 CFR part 52

or part 60, which contain limits that are equivalent to the limits in this rule and have been

approved in Michigan’s state implementation plan.

(b) A unit that is subject to another rule included in this part.

(c) A peaking unit. The owner or operator shall retain records of capacity for a

period of 5 years demonstrating that the unit meets the definition of a peaking unit. The

unit becomes subject to the provisions of this rule on January 1 of the year following

failure to meet the peaking unit definition.

(d) A stationary gas turbine that is subject to a new source performance standard

contained in 40 CFR part 60, subpart GG or KKKK, adopted by reference in R 336.1902.

History: 1998-2000 AACS; 2002 AACS; 2009 AACS; 2022 AACS; 2025 MR 8, Eff. April 28, 2025.

R 336.1802 Applicability under the oxides of nitrogen (NOx) budget program.

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Rule 802. (1) This rule establishes the applicability for a NOx budget program as

described in these rules. Except as provided in subrule (2) of this rule, units that meet all

of the following requirements are NOx budget units and are subject to the requirements

of this rule and R 336.1810:

(a) Units that meet the definition of a NOx budget unit.

(b) Units that are located in the Michigan fine grid zone.

(2) A unit described in subrule (1) of this rule is not a NOx budget unit, if the unit

has a federally enforceable permit that includes the following requirements, terms, and

restrictions:

(a) A restriction on the unit to burn only natural gas or fuel oil during ozone control

periods.

(b) A restriction of the unit's operation during each ozone control period by 1 of the

following methods such that the unit's potential NOx mass emissions for the ozone

control period are limited to 25 tons or less:

(i) By restricting the mass emissions to 25 tons or less of NOx as measured by a

certified continuous emission monitoring system in accordance with 40 CFR 75.70 to

75.75, or, alternatively, 40 CFR 60.13, adopted by reference in R 336.1902.

(ii) By restricting the unit’s operating hours to no more than the number calculated

by dividing 25 tons of potential NOx mass emissions by the unit’s maximum potential

hourly NOx mass emissions. The maximum potential hourly NOx mass emissions are

determined by multiplying a rate in either subparagraph (A) or (B) of this paragraph by

the value in subparagraph (C) of this paragraph:

(A) The default NOx emission rate in 40 CFR 75.19, table LM-2, that would

otherwise be applicable assuming that the unit burns only the type of fuel, for example,

only natural gas or fuel oil, that has the highest default NOx emission factor of any type

of fuel that the unit is allowed to burn under the fuel use restriction in subdivision (a) of

this subrule.

(B) The maximum NOx emission rate established in accordance with 40 CFR

75.19(c)(1)(iv), which is adopted by reference in R 336.1902.

(C) The unit's maximum rated hourly heat input. The owner or operator of the unit

may petition the department to use a lower value for the unit's maximum rated hourly

heat input than the value as defined. The department may approve the lower value if the

owner or operator demonstrates that the maximum hourly heat input specified by the

manufacturer or the highest observed hourly heat input, or both, are not representative,

and that the lower value is representative of the unit's current capabilities because

modifications have been made to the unit limiting its capacity permanently.

(iii) By restricting the amount of fuel that can be used based on total heat input by

dividing 25 tons by a NOx mass emission rate in either subparagraph (A) or (B) of

paragraph (ii) of this subdivision and multiplying by the fuel heat content using the

highest default gross calorific value under 40 CFR 75.19, table LM-5, and using a billing

fuel flow meter or other fuel flow monitoring method device approved by the department

to determine the quantity of fuel being used. 40 CFR part 75 is adopted by reference in

R 336.1902.

(c) A requirement that the owner or operator of the unit shall retain records on site

for a period of 5 years. The records must show hours of operation for units with the

operating hours restriction, volumes of fuel burned and maximum default gross calorific

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values for units with the heat input restriction, continuous emission monitoring system

data for units with the continuous emission monitoring system exemption, and all other

information necessary to demonstrate that requirements of the permit related to these

restrictions were met.

(d) A requirement that the owner or operator of the unit shall report the unit's hours

of operation, heat input, or continuous emission monitoring system measured NOx

emissions to the department by November 1 of each year for which the unit is subject to

the federally enforceable permit incorporating the provisions of this subrule. If the hours

of operation are required to be reported, the owner or operator shall treat any partial hour

of operation as a whole hour of operation.

(3) The department shall notify the USEPA, in writing, within 30 days after either of

the following scenarios:

(a) A unit is issued a federally enforceable permit under subrule (2) of this rule.

(b) Any of the following provisions apply to a unit's federally enforceable permit

previously issued by the department under subrule (2) of this rule:

(i) The permit is revised to remove any restriction established pursuant subrule (2)

of this rule.

(ii) The permit includes any restriction established pursuant to subrule (2) of this

rule that is no longer applicable.

(iii) The permit conditions do not comply with any restriction.

(4) A unit must be treated as commencing operation on September 30 of the ozone

control period in which either of the following conditions apply:

(a) The fuel use restriction, operating hours, or emissions restriction is no longer

applicable.

(b) The unit does not comply with the fuel use restriction, operating hours, or

emissions restriction.

History: 2002 AACS; 2004 AACS; 2022 AACS; 2025 MR 8, Eff. April 28, 2025.

R 336.1802a Rescinded.

History: 2007 AACS.; 2009 AACS; 2022 AACS.

R 336.1803 Definitions for the oxides of nitrogen (NOx) budget program.

Rule 803. As used in R 336.1802 to R 336. 1818:

(a) “Administrator” means, for purposes of complying with reporting requirements

in this part, both of the following:

(i) The USEPA for sources using 40 CFR part 75 monitoring requirements to

comply.

(ii) The department for sources using 40 CFR part 60 or alternative monitoring

requirements to comply.

(b) “Benchmark apportionment” means a point of reference against which the ozone

control period NOx emissions from a NOx budget source will be compared if the state

exceeds its ozone season budget of 2,209 tons.

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(c) “Commence operation” means to have begun any mechanical, chemical, or

electronic process, including, with regard to a unit, start-up of a unit's combustion

chamber. Except as provided in R 336.1802(4) for a unit that is a NOx budget unit under

R 336.1802(1) on the date of commencement of operation, the date remains the unit's

date of commencement of operation even if the unit is subsequently modified,

reconstructed, or repowered. Except as provided in R 336.180(4), for a unit that is not a

NOx budget unit under R 336.1802(1) on the date of commencement of operation, the

date the unit becomes a NOx budget unit under R 336.1802(1) is the unit's date of

commencement of operation.

(d) “Continuous Emission Monitoring System” means the equipment used to

sample, analyze, measure, and provide, by means of readings taken at least once every 15

minutes, using an automated data acquisition and handling system, DAHS, a permanent

record of NOx emission rate, stack gas volumetric flow rate or stack gas moisture

content, as applicable, in a manner consistent with 40 CFR part 75 or 40 CFR part 60,

appendices B and F, as applicable.

(e) “Department” means the department of environment, Great Lakes, and energy.

(f) “Emissions” means air pollutants exhausted from a unit or source into the

atmosphere, as measured, recorded, and reported to the administrator by the NOx

authorized account representative as defined in 40 CFR part 97 or responsible official.

(g) “Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or

gaseous fuel derived from natural gas, petroleum, or coal.

(h) “Generator” means a device that produces electricity.

(i) “Heat input” means, with regard to a specified period of time, the product, in

million Btu/time, of the gross calorific value of the fuel, in Btu/pound, divided by

1,000,000 Btu/million Btu and multiplied by the fuel feed rate into a combustion device,

in pounds of fuel/time, as measured, recorded, and reported to the administrator by the

NOx authorized account representative as defined in 40 CFR part 97 or responsible

official. Heat input does not include the heat derived from preheated combustion air,

recirculated flue gases, or exhaust from other sources.

(j) “Life-of-the-unit, firm power contractual arrangement” means a unit

participation power sales agreement under which a utility or industrial customer reserves,

or is entitled to receive, a specified amount or percentage of nameplate capacity and

associated energy from any specified unit, and pays its proportional amount of such unit’s

total costs, pursuant to a contract for the duration of 1 of the following:

(i) The life of the unit.

(ii) A cumulative term of no less than 30 years, including contracts that allow an

election for early termination.

(iii) A period equal to or greater than 25 years or 70% of the economic useful life

of the unit determined as of the time the unit is built, with option rights to purchase or

release some portion of the nameplate capacity and associated energy generated by the

unit at the end of the period.

(k) “Maximum design heat input” means the ability of a unit to combust a stated

maximum amount of fuel per hour, in million Btu/hour, on a steady state basis, as

determined by the physical design and physical characteristics of the unit.

(l) “Maximum potential hourly heat input” means an hourly heat input, in million

Btu/hour, used for reporting purposes when a unit lacks certified monitors to report heat

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input for any unit that uses 40 CFR part 75 to comply with this part. If the unit intends to

use 40 CFR part 75, appendix D, to report heat input, this value should be calculated, in

accordance with 40 CFR part 75, using the maximum fuel flow rate and the maximum

gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor,

this value should be reported, in accordance with 40 CFR part 75, using the maximum

potential flowrate and either the maximum carbon dioxide concentration, in CO2, or the

minimum oxygen concentration, in percent O2.

(m) “Maximum rated hourly heat input” means a unit-specific maximum hourly

heat input, in million Btu/hour, which is the higher of the manufacturer's maximum rated

hourly heat input or the highest observed hourly heat input.

(n) "Michigan fine grid zone" means the geographical area that includes all of the

following counties:

(i) Allegan.

(ii) Barry.

(iii) Bay.

(iv) Berrien.

(v) Branch.

(vi) Calhoun.

(vii) Cass.

(viii) Clinton.

(ix) Eaton.

(x) Genesee.

(xi) Gratiot.

(xii) Hillsdale.

(xiii) Ingham.

(xiv) Ionia.

(xv) Isabella.

(xvi) Jackson.

(xvii) Kalamazoo.

(xviii) Kent.

(xix) Lapeer.

(xx) Lenawee.

(xxi) Livingston.

(xxii) Macomb.

(xxiii) Mecosta.

(xxiv) Midland.

(xxv) Monroe.

(xxvi) Montcalm.

(xxvii) Muskegon.

(xxviii) Newaygo.

(xxix) Oakland.

(xxx) Oceana.

(xxxi) Ottawa.

(xxxii) Saginaw.

(xxxiii) Saint Clair.

(xxxiv) Saint Joseph.

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(xxxv) Sanilac.

(xxxvi) Shiawassee.

(xxxvii) Tuscola.

(xxxviii) Van Buren.

(xxxix) Washtenaw.

(xl) Wayne.

(o) “Monitoring system” means any monitoring system, including an excepted

monitoring system that meets the requirements of 40 CFR part 75, a continuous

emissions monitoring system, an approvable monitoring system that meets the

requirements of 40 CFR part 60, or an alternative monitoring system that has been

approved by the department.

(p) “Nameplate capacity” means the maximum electrical generating output, in

Mwe, that a generator can sustain over a specified period of time when not restricted by

seasonal or other deratings as measured in accordance with the United States Department

of Energy standards.

(q) “NOx budget source” means any source that has 1 or more NOx budget units.

(r) "NOx budget unit" means the following:

(i) For units that commenced operation before January 1, 1997, a unit that has a

maximum design heat input of more than 250,000,000 Btu’s per hour and that did not

serve during 1995 or 1996 a generator producing electricity for sale.

(ii) For units that commenced operation after January 1, 1997, and before January

1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per

hour and that did not serve during 1997 or 1998 a generator producing electricity for sale.

(iii) For units that commence operation after January 1, 1999, a unit that has a

maximum design heat input of more than 250,000,000 Btu's per hour and to which either

of the following provisions apply:

(A) The unit at no time serves a generator producing electricity for sale.

(B) The unit at any time serves a generator producing electricity for sale, if the

generator has a nameplate capacity of 25 megawatts or less and has the potential to use

not more than 50% of the potential electrical output capacity of the unit.

(iv) All units listed in 40 CFR 97, subpart E, appendix B, adopted by reference in

R 336.1902, in this state, except those listed that have since been decommissioned,

dismantled, or permanently retired.

(v) A unit that meets both of the following:

(A) Serves at any time a generator with a nameplate capacity greater than 25

megawatts producing electricity for sale.

(B) Qualifies for an exemption from the Cross-State Air Pollution Rule NOx

Ozone Season Group 3 Trading Program as a cogeneration unit under 40 CFR

97.1004(b), adopted by reference in R 336.1902.

(s) “Operator” means a person that operates, controls, or supervises a NOx budget

unit or a NOx budget source, and includes, but is not limited to, any holding company,

utility system, or plant manager of such a unit or source.

(t) “Owner” means any of the following:

(i) Any holder of any portion of the legal or equitable title in a NOx budget unit.

(ii) Any holder of a leasehold interest in a NOx budget unit. However, “owner”

must not include a passive lessor, or a person that has an equitable interest through such

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lessor, whose rental payments are not based, either directly or indirectly, on the revenues

or income from the NOx budget unit, unless expressly provided for in a leasehold

agreement.

(iii) Any purchaser of power from a NOx budget unit under a life-of-the-unit, firm

power contractual arrangement.

(u) "Ozone control period" means the period of May 1 to September 30.

(v) “Potential electrical output capacity” means 33% of a unit's maximum design

heat input.

(w) “Receive” or “receipt of” means, when referring to the permitting authority or

the administrator, to come into possession of a document, information, or

correspondence, either in writing or through an authorized electronic transmission, as

indicated in an official correspondence log, or by a notation made on the document,

information, or correspondence, by the permitting authority or the administrator in the

regular course of business.

(x) “Source” means any governmental, institutional, commercial, or industrial

structure, installation, plant, building, or facility that emits or has the potential to emit any

regulated air pollutant under the clean air act, 42 USC 7401 to 7671q. For purposes of

section 502(c) of the clean air act, 42 USC 7661a, a source, including a source with

multiple units, is considered a single facility.

(y) “Submit” or “serve” means to send or transmit a document, information, or

correspondence to the person specified in accordance with the applicable regulation, as

follows:

(i) In person.

(ii) By United States Postal Service.

(iii) By other means of dispatch or transmission and delivery. Compliance with any

submission, service, or mailing deadline is determined by the date of dispatch,

transmission, or mailing and not the date of receipt.

(z) “Ton” or “tonnage” means any short ton or 2,000 pounds. For the purpose of

determining the NOx emissions, total tons for an ozone control period is calculated as the

sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly

emissions rates, with any remaining fraction of a ton equal to or greater than 0.50 ton

deemed to equal 1 ton and any fraction of a ton less than 0.50 ton deemed to equal zero

tons.

(aa) “Unit” means a fossil fuel-fired stationary boiler, combustion turbine, or

combined cycle system that meets any of the following criteria:

(i) For units that commenced operation before January 1, 1996, the combustion of

fossil fuel, alone or in combination with another fuel, where fossil fuel actually

combusted comprises more than 50% of the annual heat input on a Btu basis during 1995,

or, if a unit had no heat input in 1995, during the last year of operation of the unit before

1995.

(ii) For units that commenced operation after January 1, 1996 and before January 1,

1997, the combustion of fossil fuel, alone or in combination with another fuel, where

fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu

basis during 1996.

(iii) For units that commence operation after January 1, 1997, either of the

following apply:

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(A) The combustion of fossil fuel, alone or in combination with another fuel,

where fossil fuel actually combusted comprises more than 50% of the annual heat input

on a Btu basis during any year.

(B) The combustion of fossil fuel, alone or in combination with another fuel,

where fossil fuel is projected to comprise more than 50% of the annual heat input on a

Btu basis during a year, provided that the unit must be fossil fuel-fired as of the date,

during such year, on which the unit begins combusting fossil fuel.

(cc) “USEPA” means the United States Environmental Protection Agency.

History: 2002 AACS; 2007 AACS; 2009 AACS; 2022 AACS; 2025 MR 8, Eff. April 28, 2025.

R 336.1804 Rescinded.

History: 2002 SSVD; 2004 AACS; 2022 AACS.

R 336.1805 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1806 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1807 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1808 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1809 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1810 Allowance benchmark apportionments under the oxides of nitrogen

(NOx) budget program.

Rule 810. (1) The department shall establish a budget program for the ozone control

period for NOx budget units located within the Michigan fine grid zone. Total NOx

emission benchmark apportionments are limited to 2,209 tons for each ozone control

period.

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(2) Pursuant to R 336.1802(1), the department shall establish a benchmark

apportionment of NOx emissions for each NOx budget unit and source that will be used

for comparison to actual NOx emissions from the NOx budget units at the source. The

benchmarks will be apportioned and maintained as follows:

(a) For NOx budget units that commence operation before May 1, 2020 the sum of

the benchmark apportionments will be 1,699 tons, subject to decrease because of unit

retirements as described in subdivision (d) of this subrule.

(b) For any new NOx budget unit commencing operation after May 1, 2020, the

department shall establish a benchmark apportionment from the new unit set-aside pool

for each ozone control period. The initial amount of the new unit set aside pool will be

510 tons, subject to increase because of unit retirements as described in subdivision (d) of

this subrule.

(c) Benchmark apportionments for all NOx budget units and sources are maintained

and made available by the department and updated annually by April 1. These benchmark

apportionments are established according to the requirements described in subrule

subdivisions (a), (b), and (d) of this subrule, and are based on a combination of federally

enforceable permit limits, maximum nameplate capacities with an appropriate emission

factor, physical limitations, and other attributes of the unit or process as applicable. The

department establishes a benchmark apportionment for each active NOx budget unit that

is summed by source to create a NOx budget source total benchmark apportionment.

Bases for the established benchmark apportionments and adjustments to the amount of

the new unit set aside pool and the sum of the benchmark apportionments for NOx

budget units that commenced operation before May 1, 2020 are included with the

benchmark apportionment information that is made available.

(d) The amount of the new unit set- aside pool and the sum of the benchmark

apportionments for NOx budget units that commenced operation before May 1, 2020 are

updated as appropriate in the following ways:

(i) For any new NOx budget unit as described in subdivision (b) of this subrule, the

department shall establish a benchmark apportionment for the ozone control period based

on a federally enforceable NOx emission limit in a permit to install. The department shall

include appropriate monitoring, recordkeeping, and reporting requirements for ozone

season NOx emissions within the issued permit.

(ii) For a NOx budget unit that commenced operation before May 1, 2020, and that

is permanently retired, the responsible official for the NOx budget source shall do 1 of

the following:

(A) Notify the department’s air quality division within 30 days after the NOx

budget unit’s permanent retirement and not emit any NOx from the retired unit starting

on the date that the unit is permanently retired. They shall then have its corresponding

benchmark apportionments revoked and added to the new unit set aside pool described in

subdivision (b) of this subrule at the end of the calendar year unless the facility meets the

requirements of subparagraph (B) of this paragraph. The sum of the benchmark

apportionments for all NOx budget units that commenced operation before May 1, 2020

shall be reduced accordingly.

(B) Identify at the time of retirement of any NOx budget unit that commenced

operation before May 1, 2020 if the facility would like to transfer the retired units’

benchmark apportionments to new units installed in the same ozone season.

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(iii) If ownership of a NOx budget unit is transferred as described in R 336.1219,

all associated unit benchmark apportionments transfer with the unit to the new owner.

(3) The owner or operator of a NOx budget unit shall monitor and record NOx

emissions during the ozone control period using 1 of the following methods:

(a) In accordance with 40 CFR part 75 monitoring requirements that include, but

are not limited to, data substitution procedures and monitoring and reporting

requirements. The owner or operator shall report to the USEPA’s clean air markets

division the information required by 40 CFR part 75 and the department the information

required in subrule (4) of this rule. If this approach is followed, a responsible official

must be authorized to certify each submission and may delegate the responsible official’s

authority in accordance with 40 CFR part 97, subpart B, adopted by reference in

R 336.1902.

(b) The owner or operator may make a request to the department to monitor and

record NOx emissions in accordance with methodologies acceptable under 40 CFR part

60. The owner or operator shall submit a monitoring plan to the department to be

approved describing how the amount of NOx emissions in tons per ozone control period

are determined from the 40 CFR part 60 NOx emission rate data. The owner or operator

shall report to the department the information as described in the approved plan and the

information in subrule (4) of this rule.

(c) The owner or operator of a NOx budget unit that is natural gas-fired and whose

NOx mass emissions is 25 tons or less over each of the 3 previous ozone seasons may opt

for alternative monitoring and recordkeeping. Except as provided in paragraph (iii) of this

subdivision, those choosing this option shall notify the department of their intention

before the next ozone season to use the following alternative monitoring and

recordkeeping methods:

(i) The hourly NOx mass emissions are determined by multiplying a rate in either

subparagraph (A) or (B) of this paragraph by the unit's maximum rated hourly heat input,

except as allowed in subparagraph (C) of this paragraph:

(A) The default NOx emission rate of 1.5 lbs/million Btu for boilers or 0.7

lbs/million Btu for combustion turbines.

(B) The maximum NOx emission rate established through stack testing in

accordance with 40 CFR 75.19(c)(1)(iv) or a similar stack testing methodology using

USEPA reference methods. If this approach is followed, ongoing stack tests must be

conducted not less than once every 5 years after the date of the previous stack test for

units still in operation.

(C) The owner or operator of the NOx budget unit may petition the department to

use a lower value for the unit's maximum rated hourly heat input as described in

R 336.1802(2)(b)(ii)(C).

(ii) The owner or operator of the NOx budget unit shall retain records on site for a

period of 5 years. The records must show, as applicable, the hourly NOx mass emissions,

hours of operation, hourly volumes of fuel burned and maximum default gross calorific

values, continuous emission monitoring system data, and all other information necessary

to demonstrate the amount of NOx emitted during the ozone season.

(iii) Any NOx budget unit that is natural gas-fired and has less than 3 years of NOx

mass emissions of 25 tons or less may petition the department to use alternative

monitoring and recordkeeping as allowed in this subdivision. The petition must include

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all the reasons why the projected NOx emissions for the next ozone season will remain at

25 tons or less. The petition must be approved by the department before using the

alternative monitoring and recordkeeping methods described in this subrule.

(iv) Any NOx budget unit that is using this alternative monitoring and

recordkeeping method and exceeds 25 tons for the ozone season must comply with either

subdivision (a) or (b) of this subrule starting with the next ozone season. Once the unit

has 3 consecutive years of data showing emissions of 25 tons or less, the owner or

operator may request to the department to use the alternative monitoring and

recordkeeping methods described in this subdivision before the next ozone season.

(4) The owner or operator of a NOx budget unit shall submit to the department all

the following information by November 1 each year:

(a) The type of each unit subject to this rule with an identifying name or number, or

both.

(b) The name and address of the plant where the unit is located.

(c) The name and telephone number of the responsible official or their authorized

representative responsible for demonstrating compliance with this rule.

(d) A report documenting, to the satisfaction of the department, each subject unit’s

hours of operation, heat input, total NOx emissions for the ozone control period and

related materials that include, but are not limited to, the amount of fuel used, types of

fuels burned, emission factor verified or revised by most recent stack test, and other

information that was used to determine total NOx emissions for the ozone season, as

applicable. For the purposes of this rule, this information must be used to determine

“actual NOx emissions” for NOx budget units.

(e) Following any ozone control period in which a unit located in an area designated

as non-attainment for an ozone standard as of the end of the ozone control period exceeds

its unit benchmark apportionment, a report documenting, to the satisfaction of the

department, a description of reasons for the exceedance of the benchmark and actions

taken to meet benchmark apportionment levels in the future.

(f) A certification by a responsible official or their authorized representative that

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

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

(5) Following any ozone control period in which the total actual NOx emissions of

all NOx budget units exceed 2,209 tons, both of the following must occur:

(a) Each source’s total actual NOx emissions from NOx budget units must be

compared to its source total benchmark apportionment as described and established in

subrule (2) of this rule.

(b) Within 30 days after receipt of a request by the department, each source that was

determined to be exceeding its source total benchmark apportionment must submit a

report to the department that includes the following:

(i) An explanation of the circumstances that caused the source to exceed its

benchmark apportionment.

(ii) An approvable plan describing what actions will be taken to prevent

recurrences. This plan must contain a timeline of all actions to take place in response to

the exceedance.

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(iii) A source exceeding its benchmark apportionment that does not already have a

permit to install with federally enforceable NOx emission limits for the ozone season

shall apply for and obtain such a permit.

History: 2002 AACS; 2022 AACS; 2025 MR 8, Eff. April 28, 2025.

R 336.1811 Rescinded.

History: 2002 AACS; 2004 AACS; 2022 AACS.

R 336.1812 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1813 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1814 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1815 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1816 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1817 Rescinded.

History: 2002 AACS; 2022 AACS.

R 336.1818 Emission limitations for the oxides of nitrogen (NOx) SIP call for

stationary internal combustion engines.

Rule 818. (1) As used in this rule:

(a) "Affected engine" means a stationary internal combustion engine that is a large

NOx SIP call engine, or another stationary internal combustion engine that is subject to

NOx control under a compliance plan established under subrule (3) of this rule.

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(b) "Diesel engine" means a compression ignited 2- or 4-stroke engine in which

liquid fuel injected into the combustion chamber ignites when the air has been

compressed to a temperature sufficiently high for auto-ignition.

(c) "Dual fuel engine" means any stationary reciprocating internal combustion

engine in which a liquid fuel, typically diesel fuel, is used for compression ignition and

gaseous fuel, typically natural gas, is used as the primary fuel.

(d) "Engine seasonal NOx 2007 tonnage reduction" means the year 2007 ozone

control period NOx emissions reductions value, tons, for a large NOx SIP call engine,

which is based on an NOx control efficiency of 82% for large gas-fired engines and 90%

for diesel and dual-fuel engines.

(e) "Facility seasonal NOx 2007 tonnage reduction" means the total of the engine

ozone control period NOx 2007 tonnage reductions attributable to all of an owner or

operator's large NOx SIP call engines.

(f) "Large NOx SIP call engine" means a stationary internal combustion engine

emitting more than 1 ton of NOx per average ozone control period day in 1995.

(g) "Lean-burn engine" means any 2- or 4-stroke spark-ignited engine that is not a

rich-burn engine.

(h) "Ozone control period" means the period of May 1 to September 30.

(i) "Past NOx emission rate" means the emission rate of an affected engine in grams

per brake horsepower-hour as determined by performance testing consistent with the

requirements of 40 CFR part 60, appendix A, as adopted by reference in R 336.1902.

Where the performance test data are not available, the past NOx emission rate may be

determined by the department on a case-by-case basis using, for example, appropriate

emission factors. For large NOx SIP call engines, the past NOx emission rate is the

uncontrolled emission rate.

(j) "Projected operating hours" means the projected actual number of hours of

operation per ozone control period for an affected engine.

(k) "Projected NOx emission rate" means the projected emission rate in grams per

brake horsepower-hour after installation of controls on an affected engine.

(l) "Rich-burn engine" means a spark-ignited stationary internal combustion engine

in which the concentration of oxygen in the exhaust stream before any dilution is 1% or

less measured on a dry basis.

(m) "Stationary internal combustion engine" means an internal combustion engine

of the reciprocating type that is either attached to a foundation at a facility or is designed

to be capable of being carried or moved from 1 location to another and remains at a

single site at a building, structure, facility, or installation for more than 12 consecutive

months. An engine, or engines, that replaces an engine at a site that is intended to

perform the same or similar function as the engine replaced is included in calculating the

consecutive time period.

(2) The requirements of this rule apply to the owner or operator of a large NOx SIP

call engine located in the Michigan fine grid zone.

(3) An owner or operator of a large NOx SIP call engine shall not operate the engine

in the ozone control period unless the owner or operator complies with either the

requirements of a compliance plan that meets the following provisions or the emission

rate limitations expressed as NOx listed in subdivision (b) of this subrule:

(a) Compliance plan includes the following:

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(i) Must be approved by the department.

(ii) Must demonstrate enforceable emission reductions from 1 or more stationary

internal combustion engines equal to or higher than the facility seasonal NOx 2007

tonnage reduction.

(iii) May cover some or all engines at an individual facility or at several facilities

or at all facilities in the Michigan fine grid zone that are under control of the same owner

or operator.

(iv) Must include the following items:

(A) A list of affected engines, including the engine's manufacturer, model, facility

location address, and facility state registration number.

(B) The projected ozone control period hours of operation for each affected engine

and supporting documentation.

(C) A description of the NOx emissions control installed, or to be installed, on

each affected engine and documentation to support the projected NOx emission rates.

(D) The past and projected NOx emission rates for each affected engine in grams

per brake horsepower-hour.

(E) A numerical demonstration that the emission reductions obtained from all

affected engines will be equivalent to or greater than the owner or operator's facility

seasonal NOx 2007 tonnage reduction, based on the difference between the past NOx

emission rate and the projected NOx emission rate multiplied by the projected operating

hours for each affected engine.

(F) Provisions for monitoring, reporting, and recordkeeping for each affected

engine.

(v) The projected NOx emission rate in grams per brake horsepower-hour for each

affected engine must be included in a federally enforceable permit.

(b) The following are NOx emission rate limitations:

(i) Rich-burn, 1.5 grams per brake horsepower per hour.

(ii) Lean-burn, 3.0 grams per brake horsepower per hour.

(iii) Diesel, 2.3 grams per brake horsepower per hour.

(iv) Dual fuel, 1.5 grams per brake horsepower per hour.

(4) An owner or operator subject to the requirements of subrule (3) of this rule shall

comply with the following requirements:

(a) Each affected engine subject to this rule must perform monitoring sufficient to

yield reliable data for each ozone control period that is representative of a source's

compliance with the projected NOx emission rate in subrule (3)(a) of this rule or the

emission rate limit specified in subrule (3)(b) of this rule. The monitoring may include 1

of the following:

(i) Performance tests consistent with either of the applicable provisions of 40 CFR

part 60 or part 75 adopted by reference in R 336.1902. An owner or operator of an

affected engine shall submit a test plan to the department not less than 30 days before the

scheduled test date. To ensure proper testing, the plan must supply the information in the

department format for submittal of source emission test plans and reports. The owner or

operator shall give the department a reasonable opportunity to witness the tests. An

owner or operator shall submit 2 copies of each compliance performance test to the

department within 60 days after completion of the testing. The test results must be

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presented and include data as requested in the department format for submittal of source

emission test plans and reports.

(ii) A parametric monitoring program that specifies operating parameters, and their

ranges, that provides reasonable assurance that each engine's emissions are consistent

with the requirements of subrule (3) of this rule.

(iii) A predictive emissions measurement system that relies on automated data

collection from instruments.

(iv) A continuous emission monitoring system that complies with the procedures

set forth in 40 CFR part 60, subpart A and appendix B, and with the quality assurance

procedures in 40 CFR part 60, appendix F; or 40 CFR part 75, as applicable and

acceptable to the department. An owner or operator of an emission unit that elects this

option shall submit a monitoring plan to the department not less than 30 days before

installation. The owner or operator shall provide the department with a 30-day notice

before a relative accuracy test audit.

(b) Recordkeeping requirements are as follows:

(i) Maintain all records necessary to demonstrate compliance with the requirements

of this rule for a period of 5 calendar years at the plant at which the affected engine is

located. The records must be made available to the department and the USEPA upon

request.

(ii) For each engine subject to the requirements of this rule, the owner or operator

shall maintain records of all of the following:

(A) Identification and location of each engine subject to the requirements of this

subrule.

(B) Calendar date of record.

(C) The number of hours the unit is operated during each ozone control period

compared to the projected operating hours.

(D) Type and quantity of fuel used.

(E) The results of all compliance tests.

(c) An owner or operator subject to the requirements of this rule shall submit the

results of all compliance tests to the department within 60 days after the completion of

the testing.

History: 2006 AACS; 2022 AACS; 2025 MR 8, Eff. April 28, 2025.

R 336.1821 Rescinded.

History: 2007 AACS; 2009 AACS; 2022 AACS.

R 336.1822 Rescinded.

History: 2007 AACS.; 2009 AACS; 2022 AACS.

R 336.1823 Rescinded.

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History: 2007 AACS.; 2009 AACS; 2022 AACS.

R 336.1824 Rescinded.

History: 2007 AACS; 2022 AACS.

R 336.1825 Rescinded.

History: 2007 AACS; 2022 AACS.

R 336.1826 Rescinded.

History: 2007 AACS; 2022 AACS.

R 336.1830 Rescinded.

History: 2007 AACS.; 2009 AACS; 2022 AACS.

R 336.1831 Rescinded.

History: 2007 AACS.; 2009 AACS; 2022 AACS.

R 336.1832 Rescinded.

History: 2007 AACS.; 2009 AACS; 2022 AACS.

R 336.1833 Rescinded.

History: 2007 AACS.; 2009 AACS; 2022 AACS.

R 336.1834 Rescinded.

History: 2007 AACS; 2022 AACS.

R 336.1840 Definitions for the NOx RACT rules.

Rule 840. As used in R 336.1841 to R 336.1846:

(a) “2015 ozone nonattainment areas” means collectively the nonattainment area of

Berrien County, the nonattainment area of the western portion of Allegan County, and the

nonattainment area of the western portion of Muskegon County.

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(b) “Engine test cell” or “engine test stand” means a combustion device and its

associated apparatus used to develop, characterize, and test uninstalled engines for

operational and emission specifications.

(c) “Equal to or more stringent than” means the pollutant, units of measurement,

time periods, operating scenarios, equipment, monitoring, and recordkeeping, as

applicable, of 1 standard or requirement can be established to be at least as stringent as

that of a second standard or requirement.

(d) “Gaseous fuels” means propane, natural, digester, landfill, and coke oven gas.

(e) “Liquid fuels” means residual and distillate fuel oils, and liquid biomass.

(f) “MMBtu” means million British thermal units.

(g) “NOx” means oxides of nitrogen.

(h) “RACT” means Reasonably Available Control Technology.

(i) “Solid fuels” means coal, pet coke, tire-derived material, wood, and solid

biomass.

(j) “Tune-up” means adjustments made to an engine or boiler in accordance with

procedures supplied by the manufacturer, vendor, or as applicable, certified, or licensed

specialist to optimize the combustion efficiency or performed in accordance with 40 CFR

part 63, subpart DDDDD or JJJJJJ.

(k) “Western portion of Allegan County” means the areas located in Allegan

County described as Casco Township, Cheshire Township, city of Douglas, city of

Holland, city of Saugatuck, Clyde Township, Fillmore Township, Ganges Township,

Heath Township, Laketown Township, Lee Township, Manlius Township, Overisel

Township, Saugatuck Township, and Valley Township.

(l) “Western portion of Muskegon County” means the areas located in Muskegon

County described as Blue Lake Township; city of Montague; city of Muskegon; city of

Muskegon Heights; city of North Muskegon; city of Roosevelt Park; city of Whitehall;

Dalton Township, including village of Lakewood Club; Fruitland Township; Fruitport

Township, including village of Fruitport; Laketon Township; Montague Township;

Muskegon Township; city of Norton Shores; White River Township; and Whitehall

Township.

History: 2025 MR 8, Eff. April 28, 2025.

R 336.1841 RACT emission limitations for engines.

Rule 841. (1) As used in this rule:

(a) “Certified engine operating in a non-certified manner” means an engine not

operated and maintained according to the manufacturer's emission-related written

instructions or if no manufacturer emission-related instructions were provided.

(b) “Engine” means any reciprocating internal combustion engine that uses

reciprocating motion to convert heat energy into mechanical work and is not mobile. An

engine test cell or engine test stand and any associated apparatus are not considered

engines for the purpose of this rule.

(2) A person is subject to this rule and shall not cause or allow the emission of NOx

from the combustion of fuels in an engine or its replacement unit in excess of the

requirements of this rule at facilities meeting either of the following criteria:

(a) Located in the 2015 ozone nonattainment areas and either of the following:

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(i) A stationary source with a potential to emit of 100 tons per year or greater of

NOx from all combined NOx sources upon the effective date of this rule.

(ii) Any engine manufactured after the effective date of this rule.

(b) Has at any time been subject to the requirements of this rule or becomes

subject as part of a normal maintenance program that meets the exemption requirements

of R 336.1285(2)(a)(vi). The requirements in this rule, at a minimum, must permanently

apply regardless of any change in the attainment or maintenance status of the stationary

source location or the potential to emit of the stationary source, when the engine is

located at the stationary source.

(3) Engines may utilize the following exemptions from all provisions of this rule

except subrule (6)(d). If an exemption is utilized, all applicable requirements of

R 336.1846 must be met. All provisions of this rule apply if the engine is not utilizing an

exemption listed below:

(a) Engines less than 300 horsepower, HP.

(b) Emergency engines as described in 40 CFR 63.6640(f) and 63.6675.

(c) Engines subject to federal regulations under 40 CFR part 60, 40 CFR part 61, or

40 CFR part 63, if the applicable regulations are included in the SIP and have equivalent

standards established to be equal to or more stringent than the requirements and limits of

subrule (4) of this rule.

(d) Engines used for research and development.

(e) Engines with a federally enforceable limit of 100 hours per 12-month rolling

time period.

(f) Black start engines whose only purpose is to start up combustion turbines and all

associated equipment.

(4) Except as allowed by R 336.1845 or as required by subrule (7) of this rule, a

person that generates NOx emissions from the use of an engine shall meet the following

limits within table 841 on and after the effective date of this rule, as applicable:

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TABLE 841

NOx emission limits for internal combustion engines.

Grams of NOx per brake

horsepower-hour

N/A

Engine type

Any engine from 300 HP to 500 HP

Compression ignition

Greater than 500 HP

3

Spark ignition, natural gas burning engines

2 stroke greater than 500 HP

3

4 stroke from 500 HP to 1000 HP

4 stroke greater than 1000 HP

Spark ignition greater than 500 HP using gaseous fuels

other than natural gas

3

1.5

3

(5) Compliance and monitoring with this rule must be determined using 1 of the

following methods:

(a) Maintain engine certification according to procedures specified in 40 CFR part

60, subpart IIII, JJJJ, or ZZZZ, as applicable, for the same model year which includes,

but is not limited to:

(i) Operate and maintain the certified engine and, if applicable, control device

according to the manufacturer's emission-related written instructions.

(ii) Use diesel fuel with a sulfur content not to exceed 15 parts per million or

natural gas, as applicable.

(b) For a non-certified engine or a certified engine operating in a non-certified

manner, a person subject to this rule shall meet the following requirements:

(i) Create and implement an approvable maintenance plan for the engine. The plan

must contain, at a minimum, the maintenance requirements of 40 CFR part 63, subpart

ZZZZ, which includes, among other requirements, the conditions of inspection, the

frequency of inspections, operating parameters to be monitored and their normal

operating ranges, major replacement parts that must be maintained in inventory and a

description of corrective procedures or operational changes that must be taken in the

event of a malfunction or failure to comply with applicable emission limits.

(ii) To the extent practicable, maintain and operate the engine in a manner

consistent with good air pollution control practice for minimizing emissions at all times,

including during startup, shutdown, and malfunction. The department shall determine

compliance with this requirement based on information that may include, but is not

limited to, monitoring results and review of operation and maintenance procedures and

records.

(iii) For emission units subject to an emission rate limit specified in subrule (4) of

this rule, compliance must be determined by 1 of the following:

(A) If a performance test has not been done within the last 18 months before the

effective date of this rule, the person subject to this rule shall conduct an initial

performance test, acceptable to the department, to demonstrate the required emission rate

limit within 180 days after the effective date of this rule, or within 30 days after startup if

the unit is not operating. An acceptable performance test must then be completed every

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24 months, from the date of the last test, consistent with the requirements of R 336.2004.

The 24-month frequency may be increased to once every 5 years when the most recent

test results are 75% of the limit and the source certifies no other tests or information

indicates a value over 75% of the limit.

(B) The person subject to this rule shall submit to the department for approval a

monitoring plan describing how the NOx emissions shall be monitored. The monitoring

plan must include how the performance of periodic monitoring is sufficient to yield

reliable data from relevant time periods representative of the source’s compliance with

the emission rates specified in subrule (4) of this rule. The periodic monitoring may

include the following:

(I) Performance test results consistent with the requirements of R 336.2004, or

portable monitors using ASTM D6522, adopted by reference in R 336.1902. The protocol

must be submitted as required under R 336.2001.

(II) A parametric monitoring program that specifies operating parameters and

ranges providing reasonable assurance that each engine’s emissions are consistent with

the requirements of this rule.

(III) A predictive emissions measurement system that relies on automated data

collection from instruments.

(IV) A continuous emission monitoring system that complies with 40 CFR part 60

or part 75, both adopted by reference in R 336.1902.

(6) A person subject to this rule shall obtain current information and maintain

records for all requirements or exemptions in sufficient detail to determine compliance.

The information and records must be made available to the department upon request. The

information and records must, at a minimum, include the following:

(a) The installation date of the engine.

(b) For non-certified engines or certified engines operating in a non-certified

manner, the following:

(i) The maintenance plan.

(ii) All associated maintenance records for a minimum of 5 years.

(iii) Either the results of the most recent stack test or a minimum of 5 years of all

monitoring data necessary to demonstrate compliance with the limits and requirements in

subrule (4) of this rule, or both, as applicable.

(iv) The manufacture date, if available.

(c) For certified engines, documentation from the manufacturer that the engine is

certified to meet the emission standards and the manufacture date.

(d) If the provisions of this rule are not applicable as allowed by subrule (3), all

information necessary to demonstrate that the equipment meets the exemption being

utilized.

(7) If records are not requested by the department for any 3-year rolling period, the

facility will submit a report to the department with information and records in sufficient

detail to determine compliance with the limits in this rule.

(8) A person that generates NOx emissions from the use of an engine located in the

2015 ozone nonattainment area shall meet the following limits within table 841a 12

months after the effective date of a final determination by the USEPA, under section

182(c)(9) of the clean air act, 42 USC 7511a, for either of the following elements of the

2015 ozone National Ambient Air Quality Standard:

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(a) The USEPA makes a determination that reasonable further progress as described

in Michigan’s approved state implementation plan was not achieved.

(b) The USEPA makes a determination that the area failed to attain the standard by

the applicable attainment date.

TABLE 841a

NOx emission limits for internal combustion engines.

Grams of NOx per brake

horsepower-hour

Engine type

Compression Ignition

Greater than 500 HP

2.5

Spark ignition, natural gas burning engines

2 stroke greater than 500 HP

4 stroke from 500 HP to 1000 HP

4 stroke greater than 1000 HP

2.5

1.0

Spark Ignition greater than 500 HP using

landfill, digester, or other gaseous fuels

2.5

History: 2025 MR 8, Eff. April 28, 2025.

R 336.1842 RACT emission limitations for boilers.

Rule 842. (1) As used in this rule:

(a) “Boiler” means an enclosed device using controlled flame combustion and

having the primary purpose of recovering thermal energy in the form of steam or hot

water.

(b) “Limited use boiler” means a boiler that burns an amount of solid, liquid, or

gaseous fuels and has a federally enforceable annual capacity factor of no more than

10%.

(2) A person shall not cause or allow the emission of NOx from the combustion of

fuels in boilers in excess of the requirements of this rule at facilities meeting either of the

following criteria:

(a) Located in the 2015 ozone nonattainment areas and either of the following:

(i) A stationary source with a potential to emit 100 tons per year or greater of NOx

from all combined NOx sources upon the effective date of this rule.

(ii) A emission unit installed after the effective date of this rule.

(b) Has at any time been subject to the requirements of this rule. The requirements

in this rule, at a minimum, must permanently apply regardless of any change in the

attainment or maintenance status of the stationary source location or the potential to

emit of the stationary source.

(3) If an exemption is utilized, all applicable requirements of R 336.1846 must be

met. If the boiler is not utilizing an exemption listed below, all provisions of this rule

apply. Boilers may utilize the following exemptions from all provisions of this rule

except subrule (8)(d):

(a) Boilers with a heat input capacity rating of less than 20 MMBtu/hr.

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(b) Boilers subject to federal regulations under 40 CFR part 60, part 61, or part 63 if

the applicable regulations are included in the state implementation plan and have

equivalent standards established to be equal to or more stringent than the requirements

and limits of subrule (4) of this rule.

(c) Limited use boilers.

(4) Except as allowed under R 336.1845, or as required by subrule (9) of this rule, a

person that generates NOx emissions from the use of a subject boiler shall meet the

following provisions on and after the effective date of this rule, as applicable:

(a) The following NOx limits within table 842:

TABLE 842

NOx emission limits for boilers

Lbs of NOx per million Btu of

Fuel Type

heat input

on hourly basis ^a

All boilers:

> 20 MMBTU/hr =< 50

N/A

MMBtu/hr

Gaseous fuels: > 50 MMBtu/hr

Distillate Oil: > 50 MMBtu/hr

Residual Oil: > 50 MMBtu/hr

Solid fuels: > 50 MMBtu/hr, < 100 MMBtu

Solid fuels: => 100 MMBtu

0.10

0.12

0.25

0.35

0.25

^aExcept for alternative averaging periods as allowed in subrule (7)(b)of this rule.

(b) A boiler installed after the effective date of this rule must utilize a low NOx

burner, equivalent technology, or better technology.

(c) For emission units operating with a combination of gas, oil, or other fuels, a

variable emission limit calculated as the heat input weighted average of the applicable

emission limits must be used. The emission limit must be determined as follows:

Emission limit =

Where:

Pi = Percentage of total heat input from fuel listed in table 842 on a 24-hr basis

Li = Applicable limit for fuel listed in table 842

n = Number of different fuel types

(5) The person subject to this rule shall conduct a tune-up of each boiler at the

following frequency:

(a) For a boiler subject to the tune-up requirements of 40 CFR part 63, subpart

DDDDD, JJJJJJ, and UUUUU adopted by reference in R 336.1902, tune-ups must be

conducted in the manner and frequency as prescribed in that rule.

(b) All boilers not described in subrule (5)(a) must undergo a tune-up following the

requirements in subrule (6) at the frequency indicated in table 842a.

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TABLE 842a

Boiler tune-up frequency by emission unit type.

Boiler Type

Frequency of tune-up

Natural gas-fired or equipped with

an oxygen analyzer system

All other fuels

Every 5 years but no more than 61

months after the last tune-up

Once every year but no longer than

13 months after the last tune-up

(6) For boilers that are subject to subrule (5)(b) of this rule, the person subject to this

rule shall meet the following tune-up related requirements on and after the effective date

of this rule, as applicable:

(a) Create and implement a plan for the boiler that is approvable by the department.

At a minimum, this plan must address the following details regarding tune-ups and

denote the frequency these activities shall occur:

(i) Inspection of the burner, and cleaning or replacement of any components of the

burner as necessary.

(ii) Inspection of the flame pattern and adjustments of the burner as necessary to

optimize the flame pattern. The adjustment must be consistent with the manufacturer's

specifications, if available.

(iii) Inspection of the system controlling the air-to-fuel ratio, as applicable, and

confirmation that it is correctly calibrated and functioning properly.

(iv) Optimization of total emissions of NOx and carbon monoxide, CO. This

should be consistent with the manufacturer's specifications, if available, and with any

NOx requirement to which the emission unit is subject.

(v) Measurement of the concentrations in the effluent stream of CO in parts per

million by volume, and oxygen in volume percent, before and after the adjustments are

made. Measurements may be on either a dry or wet basis, as long as it is the same basis

before and after the adjustments are made. Measurements may also be taken using a

properly operated and maintained portable CO analyzer.

(vi) If the emission unit is shutdown on the required date for tune-up activities, the

tune-up must be conducted as soon as practicable, but no longer than 30 days after

startup.

(b) To the extent practicable, maintain and operate the boiler in a manner consistent

with good air pollution control practice for minimizing emissions at all times including

during startup, shutdown, and malfunction. Determination of whether such operation and

maintenance procedures are being used is based on information available to the

department that may include, but is not limited to, monitoring results and review of

operation and maintenance procedures and records.

(7) For boilers subject to an emission rate limit specified in subrule (4) of this rule,

compliance must be determined by using 1 of the following:

(a) If a performance test has not been done within the last 18 months before the

effective date of this rule, the person subject to this rule shall conduct an initial

performance test, acceptable to the department, within 180 days after the effective date of

this rule to demonstrate compliance with the required emission rate limit, or within 30

days after startup if the unit is not operating. An acceptable performance test must then be

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completed every 24 months, after the date of the last test, consistent with the

requirements of R 336.2004. A performance test that determines that the emission unit

complies with the limit in table 842 must be presumed to comply with this limit as long

as the emission unit maintains regularly scheduled tune-ups required in subrule (5) of this

rule until the next performance test is conducted. The 24-month frequency may be

increased to once every 5 years when the most recent test results are 75% of the limit and

the source certifies no other tests or information indicates a value over 75% of the limit.

(b) An approvable plan must be submitted to the department describing how the

NOx emissions are monitored. The monitoring plan must include the performance of

periodic monitoring that is sufficient to yield reliable data from relevant time periods

representative of the source’s compliance with the emission rates specified in subrule (4)

of this rule. Periodic monitoring may include the following:

(i) A parametric monitoring program that specifies operating parameters, and their

ranges, that will provide reasonable assurance that each boiler’s emissions are consistent

with the requirements of this rule.

(ii) A predictive emissions measurement system that relies on automated data

collection from instruments. If a boiler is equipped with a predictive emission monitoring

system, then compliance with the applicable emissions limit must be determined based on

the 30-day rolling average of the hourly arithmetic average emissions rates.

(iii) A continuous emission monitoring system that complies with 40 CFR part 60

or part 75, both adopted by reference in R 336.1902. If a boiler is equipped with a

continuous emission monitoring system, compliance with the applicable emissions limit

must be determined based on the 30-day rolling average of the hourly arithmetic average

emissions rates.

(8) A person operating a boiler subject to this rule shall obtain current information

and maintain records for all requirements or exemptions in sufficient detail to determine

compliance. The information and records must be made available to the department upon

request. Examples of acceptable information and records include, but are not limited to

the following:

(a) Installation dates of the boiler.

(b) Records of tune-ups and related inspections conducted in accordance with

subrule (5) of this rule and all associated records for a minimum of 5 years.

(c) Either the results of the most recent stack test, or a minimum of 5 years of all

monitoring data necessary to demonstrate compliance with limits and requirements in

subrule (4) of this rule, or both, as applicable.

(d) If the provisions of this rule are not applicable as allowed by subrule (3) of this

rule, all information necessary to demonstrate that the equipment meets the exemption

being utilized.

(9) If records are not requested by the department for any 3-year rolling period, the

facility will submit a report to the department with information and records in sufficient

detail to determine compliance with the limits in this rule.

(10) A person that generates NOx emissions from the use of a boiler located in the

2015 ozone nonattainment area shall meet the following limits within table 842b 12

months after the effective date of a final determination by the USEPA, pursuant to

section 182(c)(9) of the clean air act 42 USC 7511a, for either of the following elements

of the 2015 ozone National Ambient Air Quality Standard:

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(a) The USEPA issues a determination that reasonable further progress as described

in Michigan’s approved state implementation plan was not achieved.

(b) The USEPA makes a determination that the area failed to attain the standard by

the applicable attainment date.

TABLE 842b

NOx emission limits for boilers

Lbs of NOx per million

Fuel Type

Btu of heat input

on hourly basis ^a

All boilers > 20 MMBTU/hr =< 50 MMBtu/hr

Gaseous fuels; > 50 MMBtu/hr

Distillate Oil; > 50 MMBtu/hr

N/A

0.08

0.10

0.20

0.30

0.20

Residual Oil ; > 50 MMBtu/hr

Solid fuels; > 50 MMBtu/hr , < 100 MMBtu

Solid fuels; => 100 MMBtu

^aExcept for alternative averaging periods as allowed in subrule (7)(b) of this rule.

History: 2025 MR 8, Eff. April 28, 2025.

R 336.1843 RACT emission limitations for combustion turbines.

Rule 843. (1) As used in this rule, “emergency turbines” means turbines used in

emergency situations to produce power for critical networks or equipment when electric

power from the local utility is interrupted, to pump water in the case of fire or flood or

required maintenance checks and readiness testing.

(2) A person is subject to this rule and shall not cause or allow the emission of NOx

from the combustion of fuels in turbines in excess of the requirements of this rule at

facilities meeting either of the following criteria:

(a) Located in the 2015 ozone nonattainment areas and either of the following:

(i) A stationary source with a potential to emit of 100 tons per year or greater of

NOx from all combined NOx sources upon the effective date of this rule.

(ii) An emission unit installed after the effective date of this rule.

(b) Has been subject to the requirements of this rule. The requirements in this

rule, at a minimum, must permanently apply regardless of a change in the attainment or

maintenance status of the stationary source location or the potential to emit of the

stationary source.

(3)If an exemption is utilized, all applicable requirements of R 336.1846 must be

met. If the turbine is not utilizing an exemption listed below, all provisions of this rule

apply. Turbines may utilize the following exemptions from all provisions of this rule

except subrule (7)(d) of this rule:

(a) Turbines subject to federal regulations under 40 CFR part 60, part 61, or part 63,

or other federally enforceable conditions if the applicable regulations are included in the

state implementation plan and have equivalent standards established to be equal to or

more stringent than the requirements and limits of subrule (4) of this rule.

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(b) Turbines that are rated at less than 30 MMBtu/hr.

(c) Emergency turbines.

(4) Except as allowed by R 336.1845, a person that generates NOx emissions from

the use of a turbine must meet the following:

(a) The limits within table 843 by the effective date of this rule:

TABLE 843

NOx emission limits by turbine and fuel type

Parts per million (volume, dry,

Turbine type and fuel

corrected to 15% oxygen

on an hourly basis) ^a

Gaseous fuel fired

Between 30 and 50 MMBtu/hr

50 MMBtu/hr and greater

Liquid fuel fired

150

25

Between 30 and 50 MMBtu/hr

50 MMBtu/hr and greater

200

65

^aExcept for alternative averaging periods as allowed in subrule (6)(b) of this rule.

(b) For emission units operating with a combination of gaseous and liquid fuels, a

variable emission limit calculated as the concentration average of the applicable emission

limits, as described in R 336.1842(4)(c) must be used.

(5) A person subject to this rule shall demonstrate compliance by implementing and

maintaining the following:

(a) Create and implement an approvable maintenance plan for the turbine.

(b) To the extent practicable, maintain and operate the turbine in a manner

consistent with good air pollution control practice for minimizing emissions at all times

including during startup, shutdown, and malfunction. The department shall determine

compliance with this requirement based on information that may include, but is not

limited to, monitoring results and review of operation and maintenance procedures and

records.

(6) For turbines subject to the emission rate limit specified in subrule (4) of this rule,

compliance must be determined by using 1 of the following:

(a) If a performance test has not been done within the last 18 months before the

effective date of this rule, the person subject to this rule shall conduct an initial

performance test, acceptable to the department, within 180 days after the effective date of

this rule to demonstrate compliance with the required emission rate limit, or within

30 days after startup if the unit is not operating. A performance test must then be

completed every 24 months, after the date of the last test, consistent with the

requirements of R 336.2004. The 24-month frequency may be increased to once every 5

years when the most recent test results are 75% of the limit and the source certifies no

other tests or information indicates a value over 75% of the limit.

(b) An approvable plan must be submitted to the department describing how the

NOx emissions will be monitored. The monitoring plan must include how the

performance of periodic monitoring is sufficient to yield reliable data from relevant time

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periods representative of the source’s compliance with the emission rates specified in

subrule (4) of this rule. Periodic monitoring must include 1 of the following:

(i) A parametric monitoring program that specifies operating parameters, and their

ranges, that provides reasonable assurance each turbine’s emissions are consistent with

the requirements of this rule.

(ii) A predictive emissions measurement system that relies on automated data

collection from instruments. If a turbine is equipped with a predictive emission

monitoring system, compliance with the applicable emissions limit must be determined

based on the 30-day rolling average of the hourly arithmetic average emissions rates.

(iii) A continuous emission monitoring system that complies with 40 CFR part 60

or part 75, both adopted by reference in R 336.1902. If a turbine is equipped with a

continuous emission monitoring system, compliance with the applicable emissions limit

must be determined based on the 30-day rolling average of the hourly arithmetic average

emissions rates.

(7) A person operating a turbine subject to this rule shall obtain current information

and maintain records for all requirements and exemptions in sufficient detail to determine

compliance. The information and records must be made available to the department upon

request. The information and records may include the following:

(a) Installation dates of the turbine.

(b) The maintenance plan.

(c) All associated maintenance records for a minimum of 5 years.

(d) Either the results of the most recent stack test, or a minimum of 5 years of all

monitoring data necessary to demonstrate compliance with limits and requirements in

subrule (4) of this rule, or both, as applicable.

(e) If the provisions of this rule are not applicable as allowed by subrule (3) of this

rule, all information necessary to demonstrate that the equipment meets the exemption

being utilized.

(8) If records are not requested by the department for any 3-year rolling period, the

facility will submit a report to the department with information and records in sufficient

detail to determine compliance with the limits in this rule.

History: 2025 MR 8, Eff. April 28, 2025.

R 336.1844 RACT emission limitations for miscellaneous process specific

combustion sources.

Rule 844. (1) As used in this rule:

(a) “Combustion device” means an individual unit of equipment used for

combustion of a fuel using a controlled flame.

(b) “Process heater” means an enclosed combustion device, or collection of

combustion devices, in which the emission unit’s primary purpose is to transfer heat to a

process material, gas, liquid, or solid, or heat transfer material for use in a process other

than to generate steam. Process heaters do not include emission units that are used for

comfort, water or space heat, food preparation for on-site consumption, autoclaves, waste

heat process heaters, or devices whose primary function is to control air pollution.

(2) A person is subject to this rule and shall not cause or allow the emission of NOx

from the combustion of fuels in asphalt plants, process heaters, engine test cells and

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stands, lime kilns, or glass manufacturing units in excess of the allowable emissions,

including the limitations of this rule at facilities meeting either of the following criteria:

(a) Located in the 2015 ozone nonattainment areas and either of the following:

(i) A stationary source with a potential to emit 100 tons per year or greater of NOx

from all combined NOx sources on the effective date of this rule.

(ii) An emission unit installed after the effective date of this rule.

(b) Has been subject to the requirements of this rule. The requirements in this rule,

at a minimum, must permanently apply regardless of a change in the attainment or

maintenance status of the stationary source location or the potential to emit of the

stationary source.

(3) If an exemption is utilized, all applicable requirements of R 336.1846 must be

met. If the emission unit is not utilizing an exemption listed below, all provisions of this

rule apply. Emission units may utilize the following exemptions from all provisions of

this rule except subrule (7)(d) of this rule:

(a) Asphalt plants equal to or less than 50 MMBtu/hr.

(b) Process heaters equal to or less than 60 MMBtu/hr that do not inject ammonia or

use refinery fuel gas.

(c) Process heaters equal to or less than 10 MMBtu/hr that inject ammonia.

(d) All combustion devices under 20 MMBtu/hr in a process heater that do not

exceed a total of 100 MMBtu/hr when combined.

(e) Lime kilns equal to or less than 50 MMBtu/hr.

(f) Glass manufacturing furnaces equal to or less than 50 MMBtu/hr.

(g) A research or development emission unit meeting the requirements of

R 336.1283.

(h) Engine test cells and stands that are testing engines rated 1200 HP or less.

(i) Air pollution control devices.

(4) Except as allowed by R 336.1845, or as required by subrule (8) of this rule, a

person that generates NOx emissions from the use of hot mix asphalt plants, process

heaters, engine test cells and stands, lime kilns, or glass manufacturing shall meet the

following limits within table 844, as applicable, by the effective date of the rule.

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TABLE 844

NOx emission limits from miscellaneous combustion sources

NOx Emission limit

Process

on an hourly basis ^a

Hot Mix Asphalt Plants > 50 MMBtu/hr

Gaseous fuels

Distillate oil

0.15 lb/MMBtu

0.20 lb/mmBtu

0.27 lb/mmBtu

Residual Oil

Process Heaters

Gaseous fuels >60 MMBtu/hr

Distillate Oil >60, =< 100 MMBtu/hr

Distillate Oil > 100 MMBtu/hr

Residual Oil >60, =< 100 MMBtu/hr

Residual Oil > 100 MMBtu/hr

Refinery Fuel Gas

0.12 lb/MMBtu

0.14 lb/MMBtu

0.15 lb/MMBtu

0.18 lb/MMBtu

0.20 lb/MMBtu

Any fuel > 10 MMBtu/hr utilizing

ammonia injection

Engine Test Cells/Stands

Gaseous Fuel engines > 1200 HP

Distillate Oil engines > 1200 HP

Lime Kilns > 50 MMBtu/hr

0.08 lb/MMBtu

0.10 lb/MMBtu

6.0 lb/ton of lime

produced

3.5 lb/ton of glass

Glass Manufacturing > 50 MMBtu/hr

produced

^aExcept for alternative averaging periods as allowed in (6)(c)(ii) of this rule.

(5) A process heater installed after the effective date of the rule must utilize a low-

NOx burner, equivalent technology, or better.

(6) A person subject to this rule shall demonstrate compliance by implementing and

maintaining the following:

(a) Create and implement an approvable maintenance plan for the affected emission

unit.

(b) To the extent practicable, maintain and operate the affected emission unit in a

manner consistent with good air pollution control practice for minimizing emissions at all

times, including during startup, shutdown, and malfunction. The department shall

determine compliance with this requirement based on information that may include, but

is not limited to, monitoring results, review of operation and maintenance procedures,

and review of operation and maintenance records.

(c) For emission units with an emission rate limit specified in subrule (4) of this

rule, 1 of the following:

(i) If a performance test has not been done within the last 18 months before the

effective date of this rule, the person subject to this rule shall conduct an initial

performance test, acceptable to the department, within 180 days after the effective date of

this rule to demonstrate compliance with the required emission rate limit, or within 30

days after startup if the unit is not operating. A performance test must then be completed

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every 24 months, after the date of the last test, consistent with the requirements of

R 336.2004. The 24-month frequency may be increased to once every 5 years when the

most recent test results are 75% of the limit and the source certifies no other tests or

information indicates a value over 75% of the limit.

(ii) An approvable plan must be submitted to the department describing how the

NOx emissions will be monitored. The monitoring plan must include how the

performance of periodic monitoring is sufficient to yield reliable data from relevant time

periods representative of the source’s compliance with the emission rates specified in

subrule (4) of this rule. Periodic monitoring may include the following:

(A) A parametric monitoring program that specifies operating parameters, and

their ranges, that will provide reasonable assurance each emission unit’s emissions are

consistent with the requirements of this rule.

(B) A predictive emissions measurement system that relies on automated data

collection from instruments. If an affected emission unit is equipped with a predictive

emission monitoring system, compliance with the applicable emissions limit is

determined based on the 30-day rolling average of the hourly arithmetic average

emissions rates.

(C) A continuous emission monitoring system that complies with 40 CFR part 60

or 40 CFR part 75, both adopted by reference in R 336.1902. If an affected emission unit

is equipped with a continuous emission monitoring system, compliance with the

applicable emissions limit shall be determined based on the 30-day rolling average of the

hourly arithmetic average emissions rates.

(7) A person operating an emission unit subject to this rule shall obtain current

information and maintain records for all requirements and exemptions in sufficient detail

to determine compliance. When requested by the department, the following information

and records must be made available:

(a) Installation dates of the affected emission unit.

(b) The maintenance plan.

(c) All associated maintenance records for a minimum of 5 years.

(d) Either the results of the most recent stack test, or a minimum of 5 years of all

monitoring data necessary to demonstrate compliance with limits and requirements in

subrule (4) of this rule, or both as applicable.

(e) If the provisions of this rule are not applicable as allowed by subrule (3), all

information necessary to demonstrate that the equipment meets the exemption being

utilized.

(8) If records are not requested by the department for any 3-year rolling period, the

facility will submit a report to the department with information and records in sufficient

detail to determine compliance with the limits in this rule.

(9) A person that generates NOx emissions from the use of a process heater located

in the 2015 ozone nonattainment area shall meet the following limits within table 844a 12

months after the effective date of a final determination by the USEPA, pursuant to

section 182(c)(9) of the clean air act 42 USC 7511a, for either of the following elements

of the 2015 ozone National Ambient Air Quality Standard:

(a) The USEPA makes a determination that reasonable further progress as described

in Michigan’s approved state implementation plan was not achieved.

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(b) The USEPA makes a determination that the area failed to attain the standard by

the applicable attainment date.

TABLE 844a

NOx emission limits from process heaters

NOx Emission limit

on an hourly basis

Process

Process Heaters

Gaseous fuels >60 MMBtu/hr

0.10 lb/MMBtu

0.12 lb/MMBtu

0.14 lb/MMBtu

0.15 lb/MMBtu

Distillate Oil >60, =< 100 MMBtu/hr

Distillate Oil > 100 MMBtu/hr

Residual Oil >60, =< 100 MMBtu/hr

Residual Oil > 100 MMBtu/hr

^aExcept for alternative averaging periods as allowed in (6)(c)(ii) of this rule.

History: 2025 MR 8, Eff. April 28, 2025.

R 336.1845 RACT requirements for alternative RACT.

Rule 845. A person with an emission unit subject to the requirements in rules

R 336.1841 through R 336.1844 may request approval from the department for

equivalent or alternate requirements. The department may consider equivalent or

alternate requirements only if the following provisions are met:

(a) A proposed plan to request an alternative RACT application must be provided

to and approvable by the department within 60 days after the effective date of this rule or,

for new sources, 60 days after becoming applicable or an alternative timeframe approved

by the department. A proposed plan must include, but is not limited to:

(i) A general description of the alternative being requested.

(ii) The mechanism needed to obtain this alternative, either a new federally

enforceable permit or order, or a revision to an existing federally enforceable permit or

order.

(iii) A timeframe of when the alternative RACT application will be submitted to

the department.

(b) After submission of the proposed plan, the stationary source must submit an

alternative RACT application containing the following, as applicable:

(i) Reasons why the applicant is requesting an alternative requirement.

(ii) Information demonstrating why the limitation or requirement as described in

R 336.1841 to R 336.1844, as applicable, is not possible to attain.

(iii) Explanation of why alternative options, such as implementation of add-on

controls or modifying equipment, would not be sufficient to meet the applicable

requirements in rules R 336.1841 through R 336.1844. Identification of the existing and

available control technologies and demonstration of why the application of these control

options is either not technologically feasible, not economically reasonable, or neither.

(iv) A document containing quantitative or qualitative analyses demonstrating that

the emissions from the applicable emission unit with alternative RACT requirements

shall not interfere with the ability of the nonattainment area to achieve the ozone National

Ambient Air Quality Standard. This may include, but is not limited to, modeling,

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calculations based on throughput and control efficiency, or other quantitative evaluations

to similar insignificant units.

(v) A description of actions that are being taken to reduce emissions, while

pursuing the steps described in this rule, if pursuit of alternative RACT extends beyond

required compliance dates.

(vi) An expected schedule of significant steps to achieving compliance with

R 336.1841 to R336.1844, as applicable.

(vii) Additional information, as needed.

(b) The applicable portion of the proposed draft permit or order related to this rule

will be subject to a minimum 30-day public comment period when located at a source of

NOx with a potential to emit of 100 tons per year or greater on the effective date of this

rule. When the proposed draft permit or order is noticed for a 30-day public comment

period, a copy of the notice must also be sent to the USEPA.

(c) When a public comment period is required for a proposed draft permit or order,

a public hearing during or immediately after the public comment must be offered.

(d) Upon department issuance of the legally enforceable document, the applicable

portion must be sent to the USEPA, together with all of the other information that is

required for the submittal of a complete state implementation plan revision request.

Department approval and the legally enforceable document do not affect the federally

approved state implementation plan until and unless the submitted state implementation

plan revision request is formally approved by the USEPA.

(e) Implementation of the legally enforceable order of the department or permit to

install must be completed according to the schedule established in the order or permit to

install as expeditiously as practicable or as described in the proposed plan for alternative

RACT.

History: 2025 MR 8, Eff. April 28, 2025.

R 336.1846 RACT requirements for miscellaneous large sources at major

sources of NOx.

Rule 846. (1) As used in this rule "potential NOx emissions” means theoretical

potential emissions based on design capacity, maximum production, and maximum hours

of operation before add-on control. Except for control, any physical or operational

limitation on the emission unit’s capacity, such as restrictions on hours of operation,

types or amount of material combusted, stored, or processed, can limit potential NOx

emissions with a legal and federally enforceable permit or order.

(2) A person responsible for a stationary source shall meet the requirements as

described in subrules (4) to (7) of this rule, and the requirements will permanently apply

once the source becomes subject, if all of the following criteria are met:

(a) Located in a 2015 ozone nonattainment area. Changes in the attainment or

maintenance status of the stationary source location after the effective date of this rule

do not change applicability for a source once subject.

(b) The stationary source has 1 or more emission units, with combined potential

NOx emissions that equal 100 tons per year or more on or after the effective date of this

rule, that are not subject to any RACT requirements as described in R 336.1841 through

R 336.1845. Any individual emission units with actual emissions less than 5 tons per year

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with total combined emissions from these emission units of less than 25 tons per year

does not apply to the provisions within this subrule.

(3) Instead of submitting a site-specific NOx RACT proposal, the stationary source

may submit a complete permit to install application requesting a facility-wide NOx limit

that would limit NOx emissions using a federally enforceable restriction or restrictions to

less than 100 tons per year or a complete permit to install application for the potentially

subject emission units that would limit emissions from all applicable emission units to

less than 25 tons per year, before the effective date of the rule.

(4) The person responsible shall provide the department and the USEPA with the

following information within 120 days after the effective date of this rule:

(a) Identification of each stationary source including individual emission units or

groups of emission units at those stationary sources to which this rule applies.

(b) A determination of the total potential to emit, potential NOx emissions and the

actual emissions of NOx for the most recent calendar year for each applicable NOx

emission unit at the stationary source using emission testing or a calculation method

approvable by the department.

(5) Within 1 year after the effective date of this rule, a person responsible shall

provide to the department and the USEPA, a proposal for RACT for the stationary

source. The RACT proposal must include, at a minimum, the following information:

(a) A list of each emission unit subject to the RACT requirements of this rule.

(b) The size or capacity of each affected emission unit, and the types and quantities

of materials processed or produced in each emission unit, as applicable.

(c) A physical description of each emission unit and its operating characteristics.

(d) Estimates of the potential to emit and actual NOx emissions from the affected

stationary source and each affected emission unit for the most recent calendar year and

associated supporting documentation.

(e) A RACT analysis which meets the requirements of subrule (6), including

technical and economic support documentation for each affected emission unit.

(f) A schedule for completing implementation of the RACT proposal as

expeditiously as practicable, including interim dates for the issuance of purchase orders,

start and completion of process, technology and control technology changes, and the

completion of compliance testing, if applicable.

(g) The testing, monitoring, recordkeeping, and reporting procedures proposed to

demonstrate compliance with RACT.

(h) Additional information as requested by the department that is necessary for the

evaluation of the RACT proposal.

(6) The RACT analysis required under subrule (5)(e) of this rule must include:

(a) A ranking of the available control options for the affected emission unit in

descending order of control effectiveness. Available control options are air pollution

control technologies or techniques with a reasonable potential for application to the

emission unit. Air pollution control technologies and techniques include the application

of production process, or control methods that reduce NOx. The control technologies and

techniques must include existing controls for the source category and technology transfer

controls applied to similar source categories.

(b) An evaluation of the technical feasibility of the available control options

identified in subdivision (a) of this subrule. The evaluation of technical feasibility must

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be based on physical, chemical, and engineering principles. A determination of technical

infeasibility must identify technical difficulties which would preclude the successful use

of the control option on the affected emission unit.

(c) A ranking of the technically feasible control options in descending order of

overall control effectiveness for NOx emissions. The list must present the array of control

options and include, at a minimum, the following information:

(i) The baseline emissions of NOx before implementation of each control option.

(ii) The estimated emission reduction potential or the estimated control efficiency

of each control option.

(iii) The estimated emissions after the application of each control option.

(iv) The economic impacts and cost effectiveness of each control option.

(d) An evaluation of cost effectiveness of each control option consistent with the

“EPA Air Pollution Control Cost Manual,” EPA-452/B-02-001, adopted by reference in

R 336.1902. The evaluation must be conducted in accordance with the following

requirements:

(i) The cost effectiveness must be evaluated in terms of dollars per ton of NOx

emissions reduction.

(ii) The cost effectiveness must be calculated as the annualized cost of the control

option divided by the baseline emission rate minus the control option emission rate, as

shown by the following equation:

Average cost effectiveness = Control option total annualized cost ($/yr)

($/ton removed)

-------------------------------------------------------

Baseline emission rate – Control option rate (tons/yr)

(iii) For purposes of this paragraph, baseline emission rate represents the maximum

emissions before the implementation of the control option. The baseline emission rate

must be established using either test results or approvable emission factors and historic

operating data.

(7) The department shall approve, deny, or modify each RACT proposal.

(8) Upon receipt of notice of the department's approval of the RACT proposal, the

stationary source shall begin implementation of the measures necessary to comply with

the approved RACT proposal. Implementation of the RACT program must be completed

according to the schedule established in the approved RACT proposal and as

expeditiously as practicable.

(9) The department shall submit each state-issued enforceable order or permit to

install with its corresponding RACT program to the USEPA for approval as a revision to

the state implementation plan.

History: 2025 MR 8, Eff. April 28, 2025.

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