DEPARTMENT OF ENVIRONMENTAL QUALITY  
AIR QUALITY DIVISION  
PART 15. EMISSION LIMITATIONS AND PROHIBITIONS - MERCURY  
(By authority conferred on the director of the department of environmental quality by  
sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512.  
PART 15. EMISSION LIMITATIONS AND PROHIBITIONS-MERCURY  
R 336.2501 Definitions.  
Rule 1501. The following definitions apply to terms used in this part:  
(a) "Affected EGU" means any stationary coal-fired electric generating unit serving at  
any time, since the start-up of a unit's combustion chamber, a generator with nameplate  
capacity of more than 25 megawatts producing electricity for sale.  
(b) "Automated data acquisition and handling system" or "DAHS" means that component  
of the continuous emission monitoring system (CEMS), or other emissions monitoring  
system approved for use by the department, designed to interpret and convert individual  
output signals from pollutant concentration monitors, flow monitors, diluent gas monitors,  
and other component parts of the monitoring system to produce a continuous record of the  
measured parameters in the measurement units for mercury.  
(c) "Boiler" means an enclosed fossil fuel-fired or other fuel-fired combustion device used  
to produce heat and to transfer heat to recirculating water, steam, or other medium.  
(d) "Bottom-cycling cogeneration unit" means a cogeneration unit in which the energy  
input to the unit is first used to produce useful thermal energy and at least some of the reject  
heat from the useful thermal energy application or process is then used for electricity  
production.  
(e) "Coal" means any solid fuel classified as anthracite, bituminous, subbituminous, or  
lignite by the ASTM standard specification for classification of coals by rank D388-77, 90,  
91, 95, 98a, or 99.  
(f) "Coal-derived fuel" means any fuel (whether in a solid, liquid, or gaseous state)  
produced by the mechanical, thermal, or chemical processing of coal.  
(g) "Coal-fired" means combusting any amount of coal or coal-derived fuel, alone or in  
combination with any amount of any other fuel, during any year.  
(h) "Coal-fired electric utility steam generating unit" means an electric utility steam  
generating unit that burns coal, coal refuse, or a synthetic gas derived from coal either  
exclusively, in any combination together, or in any combination with other fuels in any  
amount.  
(i) "Cogeneration unit" means a stationary, fossil fuel-fired boiler doing both of the  
following:  
(i) Having equipment used to produce electricity and useful thermal energy for industrial,  
commercial, heating, or cooling purposes through the sequential use of energy.  
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(ii) Producing the following during the 12-month period starting on the date the unit first  
produces electricity and during any calendar year after the calendar year in which the unit  
first produces electricity:  
(A) For a topping-cycle cogeneration unit, both of the following apply:  
(1) Useful thermal energy not less than 5% of total energy output.  
(2) Useful power that, when added to 1/2 of useful thermal energy produced, is not less  
then 42.5% of total energy input from fossil fuel, if useful thermal energy produced is 15%  
or more of total energy output, or not less than 45% of total energy input from fossil fuel,  
if useful thermal energy produced is less than 15% of total energy output.  
(B) For a bottoming-cycle cogeneration unit, useful power not less than 45% of total  
energy input from fossil fuel.  
(iii) Provided that the total energy input under paragraph (ii)(A)(2) and (B) of this rule  
shall equal the unit's total energy input from all fuel except biomass if the unit is a boiler.  
(j) "Combustion turbine" means both of the following:  
(i) An enclosed device comprising a compressor, a combustion, and a turbine and in which  
the flue gas resulting from the combustion of fuel in the combustion passes through the  
turbine, rotating the turbine.  
(ii) If the enclosed device under paragraph (i) of this rule is combined cycle, any  
associated heat recovery steam generator and steam turbine.  
(k) "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.  
(l) "Common stack" means a single flue through which emissions from 2 or more units  
are exhausted.  
(m) "Compliance year" means the 12-month rolling time period for which a mercury  
emission limitation under this part is in effect.  
(n) "Continuous emission monitoring system" or "CEMS" means the equipment required  
to sample, analyze, measure, and provide, by means of readings recorded at least once  
every 15 minutes, using an automated data acquisition and handling system (DAHS), a  
permanent record of mercury emissions, stack gas volumetric flow rate, stack gas moisture  
content, and oxygen or carbon dioxide concentration, as applicable. The following systems  
are the principal types of CEMS:  
(i) A flow monitoring system, consisting of a stack flow rate monitor and an automated  
data acquisition and handling system and providing a permanent, continuous record of  
stack gas volumetric flow rate, in units of standard cubic feet per hour (scfh).  
(ii) A mercury concentration monitoring system, consisting of a mercury pollutant  
concentration monitor and an automated data acquisition and handling system and  
providing a permanent, continuous record of mercury emissions in units of micrograms per  
dry standard cubic meter (µg/dscm).  
(iii) A moisture monitoring system, as defined in 40 C.F.R. §75.11(b)(2), adopted by  
reference in R 336.1802a, and providing a permanent, continuous record of the stack gas  
moisture content, in percent water.  
(iv) A carbon dioxide monitoring system, consisting of a carbon dioxide concentration  
monitor (or an oxygen monitor plus suitable mathematical equations from which the carbon  
dioxide concentration is derived) and an automated data acquisition and handling system  
and providing a permanent, continuous record of carbon dioxide emissions, in percent  
carbon dioxide.  
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(v) An oxygen monitoring system, consisting of an oxygen concentration monitor and an  
automated data acquisition and handling system and providing a permanent, continuous  
record of oxygen, in percent oxygen.  
(o) "Electric generating unit" or "EGU" means the following:  
(i) Except as provided in paragraph (ii) of this subdivision, a stationary, fossil fuel-fired  
boiler or stationary, fossil fuel-fired combustion turbine serving at any time, since the start-  
up of the unit's combustion chamber, a generator with nameplate capacity of more than 25  
megawatts producing electricity for sale.  
(ii) For a unit that qualifies as a cogeneration unit during the 12-month period starting on  
the date the unit first produces electricity and continues to qualify as a cogeneration unit, a  
cogeneration unit serving at any time a generator with nameplate capacity of more than 25  
megawatts and supplying in any calendar year more than 1/3 of the unit's potential electric  
output capacity or 219,000 megawatt-hour, whichever is greater, to any utility power  
distribution system for sale. If a unit qualifies as a cogeneration unit during the 12-month  
period starting on the date the unit first produces electricity, but subsequently no longer  
qualifies as a cogeneration unit, then the unit shall be subject to paragraph (i) of this  
subdivision starting on the day on which the unit first no longer qualifies as a cogeneration  
unit.  
(p) "Existing EGU" means an affected EGU constructed or reconstructed on or before  
May 3, 2011, and is therefore not a new EGU.  
(q) “Federal MATS” means the federal Mercury and Air Toxics Standards,  
40 C.F.R., part 63, subpart UUUUU, “National Emission Standards for Hazardous Air  
Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units” (2012), adopted  
by reference in R 336.2502.  
(r) "Generator" means a device that produces electricity.  
(s) "Gross electric output" means electricity made available for use, including any  
electricity used in the power production process, which process includes, but is not limited  
to, any on-site processing or treatment of fuel combusted at the unit and any on-site  
emission controls.  
(t) "Heat input rate" means the amount of heat input (in million British thermal units)  
divided by unit operating time (in hours) or, with regard to a specific fuel, the amount of  
heat input attributed to the fuel (in million British thermal units) divided by the unit  
operating time (in hours) during which the unit combusts the fuel.  
(u) "Input mercury" means the amount of mercury that is contained in the coal, coal-  
derived fuel, and any other fuel combusted within an electric generating unit.  
(v) "Maximum design heat input" means, starting from the initial installation of a unit,  
the maximum amount of fuel per hour (in Btu/hour) that a unit is capable of combusting  
on a steady-state basis as specified by the manufacturer of the unit, or, starting from the  
completion of any subsequent physical change in the unit resulting in a decrease in the  
maximum amount of fuel per hour (in Btu per hour, Btu/hour) that a unit is capable of  
combusting on a steady-state basis, such decreased maximum amount as specified by the  
person conducting the physical change.  
(w) "Mercury emission control" means equipment installed exclusively to decrease the  
emissions of mercury from an affected EGU.  
(x) "Mercury pretreatment credit" means the percent of mercury removed due to coal  
washing or cleaning under R 336.2505.  
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(y) "Monitoring system" means any monitoring system, including a continuous emissions  
monitoring system, an alternative monitoring system, or an accepted monitoring system  
approved by the department.  
(z) "Multi-pollutant compliance demonstration project" means an emission control  
strategy that achieves significant reductions or that maintains significant reductions in  
oxides of nitrogen, sulfur dioxide, and mercury using acceptable emission control  
equipment such as, but not limited to, selective catalytic reduction which is expected to  
achieve 85 to 90% reduction in oxides of nitrogen and flue gas desulfurization which is  
expected to achieve 85 to 95% reduction in sulfur dioxide.  
(aa) "Nameplate capacity" means starting from the initial installation of a generator, the  
maximum electrical generating output (in megawatts) that the generator is capable of  
producing on a steady-state basis and during continuous operation, when not restricted by  
seasonal or other derates, as specified by the manufacturer of the generator or, starting from  
the completion of any subsequent physical change in the generator resulting in an increase  
in the maximum electrical generating output (in megawatts) that the generator is capable  
of producing on a steady-state basis and during continuous operation, when not restricted  
by seasonal or other derates, such increased maximum amount as specified by the person  
conducting the physical change.  
(bb) "New EGU" means an affected EGU constructed or reconstructed after May 3, 2011.  
(cc) "Operator" means any person who operates, controls, or supervises an EGU or a  
stationary source with 1 or more EGUs and shall include, but not be limited to, any holding  
company, utility system, or plant manager of such unit or stationary source.  
(dd) "Output-based emissions standard" means a maximum allowable rate of emissions  
of mercury per unit of gross electric output from an electric generating unit.  
(ee) "Owner" means any of the following persons with regard to an affected EGU or an  
affected EGU at a stationary source, respectively:  
(i) Any holder of any portion of the legal or equitable title in an affected EGU at the  
stationary source or an affected EGU.  
(ii) Any holder of a leasehold interest in an affected EGU at the stationary source or an  
affected EGU.  
(ff) "Reference method" means any direct test method of sampling and analyzing for an  
air pollutant.  
(gg) "Retired unit" means any EGU that has permanently been disabled and no longer has  
the ability to generate electricity. For the unit to re-start operations, it shall undergo new  
source review under R 336.1201.  
(hh) "Sequential use of energy" means either of the following:  
(i) For a topping-cycle cogeneration unit, the use of reject heat from electricity production  
in a useful thermal energy application or process.  
(ii) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal  
energy application or process in electricity production.  
(ii) "Source-wide averaging" means the average of all mercury emissions from 2 or more  
affected EGUs at a single stationary source is less than or equal to the average of the  
mercury emission limits for the affected EGUs at the stationary source that are participating  
in averaging.  
(jj) "Source-wide pooling" means the sum of all mercury emissions from 2 or more  
affected EGUs at a single stationary source is less than or equal to the sum of the mercury  
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emission limits for the affected EGUs at the stationary source that are participating in  
pooling.  
(kk) "Submit" means to send or transmit a document, information, or correspondence to  
the person specified according to the applicable regulation by any of the following:  
(i) In person.  
(ii) By United States Postal Service.  
(iii) By other means of dispatch or transmission and delivery. Compliance with any  
"submission" deadline shall be determined by the date of dispatch, transmission, or mailing  
and not the date of receipt.  
(ll) "Topping-cycle cogeneration unit" means a cogeneration unit in which the energy  
input to the unit is first used to produce useful power, including electricity, and at least  
some of the reject heat from the electricity production is then used to provide useful thermal  
energy.  
(mm) "Total energy input" means, with regard to a cogeneration unit, total energy of all  
forms supplied to the cogeneration unit, excluding energy produced by the cogeneration  
unit itself.  
(nn) "Total energy output" means, with regard to a cogeneration unit, the sum of useful  
power and useful thermal energy produced by the cogeneration unit.  
(oo) "Unit" means a stationary coal-fired boiler or a stationary coal-fired combustion  
turbine.  
(pp) "Unit operating day" means a calendar day in which a unit combusts any fuel.  
(qq) "Unit operating hour or hour of unit operation" means an hour in which a unit  
combusts any fuel.  
(rr) "Useful power" means, with regard to a cogeneration unit, electricity or mechanical  
energy made available for use, excluding any such energy used in the power production  
process, which includes any on-site processing or treatment of fuel combusted at the unit  
and any on-site emission controls.  
(ss) "Useful thermal energy" means, with regard to a cogeneration unit, thermal energy  
that is made available to an industrial or commercial process, not a power production  
process, excluding any heat contained in condensate return or makeup water, and is 1 or  
both of the following:  
(i) Used in a heat application, for example, space heating or domestic hot water heating.  
(ii) Used in a space cooling application, for example, thermal energy used by an  
absorption chiller.  
(tt) "Utility power distribution system" means the portion of an electricity grid owned or  
operated by a utility and dedicated to delivering electricity to customers.  
(uu) "Very low mass emitting unit" or "VLME unit" means an existing EGU that is limited  
to 9 pounds or less of mercury per 12-month rolling time period.  
History: 2009 AACS; 2013 AACS.  
R 336.2502 Adoptions by reference.  
Rule 1502. The following standards are adopted in these rules by reference and are  
available as noted.: Title 40 C.F.R., part 63, subpart UUUUU, “National Emission  
Standards for Hazardous Air Pollutants: Coal – and Oil – Fired Electric Utility Steam  
Generating Units” (2012). Copies are available for inspection and purchase at the Air  
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Quality Division, Department of Environmental Quality, 525 West Allegan Street, P.O.  
Box 30260, Lansing, Michigan 48909-7760, at the cost at the time of adoption of these  
rules (AQD price $50.00). Copies may also be obtained from the Superintendent of  
Documents, U.S. Government Printing Office, 732 North Capitol Street, NW, Washington,  
DC 20401, by calling 1-866-512-1800 or by accessing their online bookstore at  
http://bookstore.gpo.gov at a cost as of the time of adoption of these rules (GPO price  
$40.00 for part 63(63.9980-63.10042)). The standards can be viewed and/or printed free of  
charge at http://ecfr.gpoaccess.gov.  
History: 2009 AACS; 2013 AACS.  
R 336.2502a Applicability of rules.  
Rule 1502a. (1) The following rules shall be of no force or effect as to affected EGUs for  
which the federal MATS is an applicable requirement relative to emissions of mercury:  
R 336.2503 to R 336.2513. Notwithstanding, the department shall retain the authority for  
approvals under R 336.2503(2)(b), R 336.2504(3)(b), R 336.2506(2) and (4), and  
R 336.2513(1)(b).  
(2) If the federal MATS ceases to be an applicable requirement as to affected EGUs,  
R 336.2503 to R 336.2513 shall be in force and effect beginning with the third calendar  
month following the termination of the federal MATS as an applicable requirement or  
April 16, 2015, whichever is later.  
(3) The provisions of this part are repealed in total and voided 60 days after the entry of  
a final judgment or order from which no further appeal or review is taken or available in  
White Stallion v EPA, No. 12-1100 (D.C. Circuit) upholding the provisions of the federal  
MATS relative to emissions of mercury.  
History: 2013 AACS.  
R 336.2503 Mercury emission standards for electric generating units.  
Rule 1503. (1) Unless the federal MATS is an applicable requirement, beginning  
April 16, 2015, an affected existing EGU as defined in this part shall meet either of the  
following, unless projects have been approved under subrule (2) or (3) of this rule:  
(a) A minimum of 90% reduction from baseline input mercury levels as determined under  
R 336.2505 on a 12-month rolling average basis as determined at the end of each calendar  
month.  
(b) An output-based emission standard of 0.008 pounds of mercury per gigawatts-hour on  
a 12-month rolling average basis as determined at the end of each calendar month.  
(2) As an alternative to the provisions in subrule (1) of this rule, a multi-pollutant  
compliance demonstration project for an existing EGU may be implemented. This shall at  
minimum include all of the following:  
(a) The owner or operator of an existing EGU shall submit a multi-pollutant compliance  
demonstration project plan not later than the end of June before the applicable compliance  
year. The plan shall include, at a minimum, a description of the multi-pollutant emission  
controls, multi-pollutant emissions data, multi-pollutant emissions reductions, and  
compliance schedules.  
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(b) The plan shall be subject to the review and approval of the department. Department  
approval of an alternative mercury emission standard shall be based on the information  
submitted. To be approved, the multi-pollutant compliance demonstration project plan  
must establish a minimum of 75% reduction from baseline input mercury levels on a 12-  
month rolling average basis as determined at the end of each calendar month for the  
individual EGU. If the department determines the plan does not meet the definition of a  
multi-pollutant compliance demonstration project, then the department will make a  
determination on the plan in writing. If the plan is unacceptable, the department shall state  
the reasons for disapproval and require the existing EGU to comply with the provisions of  
subrule (1) of this rule.  
(3) An existing EGU that is limited to emit 9 pounds (144 ounces) of mercury per 12-  
month rolling time period as determined at the end of each calendar month as a VLME unit  
shall be excluded from the provisions in subrule (1) of this rule, provided an alternative  
compliance demonstration project meeting the criteria of R 336.2513 is implemented. A  
maximum of 3 existing EGUs at the same stationary source may be VLME units.  
(4) Compliance with the provisions of subrules (1) and (3) of this rule may be  
demonstrated using either of the following methods:  
(a) Compliance on an EGU-by-EGU basis.  
(b) Stationary source-wide averaging or source-wide pooling of emissions across affected  
EGUs under control of the same operator or owner.  
(5) New EGUs shall not cause or allow the emission of mercury in excess of the maximum  
allowable emission rate based on the application of best available control technology for  
mercury. At a minimum, a new EGU shall comply with 90% reduction from input mercury  
levels on a 12-month rolling average basis as determined at the end of each calendar month  
or an output-based emission standard of 0.008 pounds of mercury per gigawatt-hour on a  
12-month rolling average basis as determined at the end of each calendar month.  
(6) By January 16 of the applicable compliance year, the owner or operator for each  
affected EGU shall submit and certify a compliance demonstration notification to  
demonstrate compliance with subrules (1), (2), (3), or (5) of this rule. The compliance  
demonstration notification shall be submitted according to R 336.2509. Adjustments may  
be made to the compliance method under subrules (1), (2), and (3), and for source-wide  
averaging or source-wide pooling of EGUs under subrule (4) of this rule up to April 15  
before beginning the applicable compliance year via addendum to a certified compliance  
demonstration notification.  
(7) The installation of mercury emission controls shall not be considered a physical  
change or a change in the method of operation at an affected EGU if the addition of the  
mercury emission control will not result in emissions that exceed any emission rate  
otherwise allowable under state or federal requirements.  
History: 2009 AACS; 2013 AACS.  
R 336.2504 Stationary source specific mercury emission standards.  
Rule 1504. (1) This rule provides for stationary source specific mercury emissions  
standards unless the federal MATS is an applicable requirement.  
(2) Lansing board of water and light, eckert power station, units 1, 2, 3, 4, 5, and 6 shall  
be provided the following extension to the provisions in R 336.2503(1):  
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(a) Beginning April 16, 2015, Lansing board of water and light, eckert power station,  
units 1, 2, and 3 shall comply with the VLME unit provisions under R 336.2503(3) and  
units 4, 5, and 6 shall each receive a mercury emission limit of 19 pounds (304 ounces) per  
12-month rolling time period as determined at the end of each calendar month.  
(b) Beginning April 16, 2015, the total mercury emission limit for Lansing board of water  
and light, eckert power station, affected existing EGUs shall be 84 pounds (1,344 ounces)  
per 12-month rolling time period as determined at the end of each calendar month.  
(c) Beginning April 16, 2018, the total mercury emission limit for Lansing board of water  
and light, eckert power station, affected existing EGUs shall be 57 pounds (912 ounces)  
per 12-month rolling time period as determined at the end of each calendar month.  
(d) Compliance with the mercury emission limits may be demonstrated using stationary  
source-wide pooling.  
(e) Not later than January 16 of the applicable compliance year, Lansing Board of water  
and light eckert power station shall provide verification and certification of their proposed  
compliance demonstration notification extension using written documentation under R  
336.2509.  
(f) If the owner or operator for Lansing board of water and light, eckert power station,  
units 1, 2, 3, 4, 5, and 6 has obtained an extension of compliance for the federal MATS  
pursuant to 40 C.F.R. 63.6(i), adopted by reference in R 336.1902, then the requirements  
in subdivisions (a), (b), and (c) of this subrule are suspended for the duration of the  
extension of compliance regardless of whether the federal MATS is an applicable  
requirement.  
(3) As an alternative to R 336.2503(1) or (3), the city of Marquette, shiras unit 3, and  
Michigan south central power agency, endicott unit 1, may request on a case-by-case basis,  
an alternative mercury standard as follows:  
(a) The owner or operator of the existing EGU shall submit a demonstration of best  
available control technology for mercury at an existing EGU not later than the end of  
December before the applicable compliance year. The demonstration shall include, at a  
minimum, a description of the mercury emission controls, mercury emissions data, and  
mercury emissions reductions.  
(b) The demonstration shall be subject to the review and approval of the department. The  
department approval of an alternative mercury emission standard shall be based on the  
information submitted. If the department determines the alternative mercury emission  
standard does not demonstrate best available control technology for mercury at an existing  
EGU, then the department may disapprove the plan in writing, stating its reasons for  
disapproval, and require the existing EGU to comply with R 336.2503(1) or (3).  
(c) If the owner or operator for the city of Marquette, shiras unit 3, or the owner or operator  
for Michigan south central power agency, endicott unit 1, has obtained an extension of  
compliance for the federal MATS pursuant to 40 C.F.R. 63.6(i), adopted by reference in R  
336.1902, then the requirements in subdivision (a) and (b) of this subrule are suspended  
for the duration of the extension of compliance regardless of whether the federal MATS is  
an applicable requirement.  
History: 2009 AACS; 2013 AACS.  
R 336.2505 Baseline and coal analysis for input mercury levels.  
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Rule 1505. (1) The default baseline coal and fuel analysis for input mercury levels shall  
be based on the data collected for the 1999 information collection request (ICR) as required  
by and submitted to the United States environmental protection agency.  
(2) The owner or operator of an affected EGU complying with this part may submit a coal  
and other fuel sampling plan to determine alternative input mercury baseline levels for the  
fuels burned on an annual basis. The coal and other fuel sampling plan shall include  
sampling for a minimum of 12 months of operation and may include a determination for a  
mercury pretreatment credit. Both of the following apply:  
(a) The coal and other fuel sampling plan is subject to the review and approval of the  
department. If the department determines the plan does not contain adequate sampling  
methodologies, then the department may disapprove the plan, state its reasons for  
disapproval, and require the affected EGU to revert to the baseline as determined under  
subrule (1) of this rule.  
(b) Within 180 days after the department approves a coal and other fuel sampling plan,  
the owner or operator of the EGU shall implement the plan.  
(3) If subrule (2) of this rule is utilized for new EGUs, the owner or operator may sample  
to determine the baseline during the first 12 months after commencement of operation  
provided a coal and other fuel sampling plan is submitted to the department and is  
acceptable.  
History: 2009 AACS; 2013 AACS.  
R 336.2506 Extensions to mercury emission standards.  
Rule 1506. (1) The owner or operator of an affected EGU may request, in writing, an  
extension, as described below, to the provisions in R 336.2503(1), (2), or (3) which are  
effective April 16, 2015. An extension approved by the department will expire on  
April 15, 2016, or earlier as determined by the department, unless a renewal is granted as  
specified in subrule (4) of this rule or the extension is granted as specified in subrule (7) of  
this rule.  
(a) The owner or operator of an existing EGU shall submit an administratively complete  
extension request not later than the end of June, before the applicable compliance year.  
(b) An administratively complete request shall include, at a minimum, information on the  
mercury emission control technologies installed to comply with R 336.2503(1), (2), or (3)  
a proposed compliance program.  
(2) The department shall review and may approve an extension request and compliance  
program based on the information submitted. The department may disapprove the  
extension request, state its reasons for disapproval, and require compliance with R  
336.2503(1), (2), or (3).  
(3) Affected EGUs using an approved extension demonstration, shall demonstrate  
compliance on an EGU-by-EGU basis.  
(4) The owner or operator of an existing EGU may petition the department to renew an  
extension granted by subrule (2) of this rule beyond April 15, 2016, as follows:  
(a) The petition shall be submitted not later than the end of December, before the  
applicable compliance year. This renewal is subject to approval by the department. In  
review of the petition for an extension, the department shall consider the information  
previously submitted under subrule (1) of this rule and any other relevant information  
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submitted by the owner or operator. The renewal shall be for not greater than a 3-year  
period, subject to review by the department.  
(b) The petition shall include an addendum to the compliance program in an approved  
extension and demonstrate how the owner failed to meet the compliance program and a  
proposed corrective action plan to meet the provisions in R 336.2503(1), (2), or (3).  
(5) Not later than January 16 of the applicable compliance year, a participating EGU shall  
provide verification and certification to modify its proposed compliance demonstration  
notification as an extension using written documentation under R 336.2509.  
(6) An extension shall not be issued if it will result in a violation of federal laws or  
regulations.  
(7) If the owner or operator of an affected EGU has obtained an extension of compliance  
for the federal MATS pursuant to 40 C.F.R. 63.6(i), adopted by reference in R 336.1902,  
then the owner or operator of the affected EGU shall have obtained an extension under this  
rule for the duration of the extension of compliance, regardless of whether the federal  
MATS is an applicable requirement.  
History: 2009 AACS; 2013 AACS.  
R 336.2507 Rescinded.  
History: 2009 AACS; 2013 AACS.  
R 336.2508 Eligibility provisions and prohibitions for mercury program.  
Rule 1508. (1) For mercury emissions to be eligible for source-wide averaging or source-  
wide pooling in a 12-month rolling average basis or time period as determined at the end  
of each calendar month, the emissions must be generated in the same month.  
(2) If source-wide averaging or source-wide pooling is used under R 336.2503(4)(b) in  
the compliance demonstration plan, the effect of a failure to demonstrate compliance with  
the cumulative mercury emission limit will be that the compliance status of each EGU must  
be determined on an individual basis, as if no averaging or pooling plan existed.  
(3) Mercury emissions from an affected EGU, under R 336.2503(4), may only be  
averaged or pooled within a single compliance demonstration plan per 12-month rolling  
average basis or time period as determined at the end of each calendar month.  
(4) Mercury emission limits received as part of an approved multi-pollutant compliance  
demonstration project, an extension demonstration, and for new EGUs shall not be  
available for the averaging or pooling methods allowed under R 336.2503(4)(b).  
(5) For the Lansing Board of Water and Light, Eckert Power Station affected existing  
EGUs, the result of a failure to demonstrate compliance with the cumulative mercury  
emission limit will be that the compliance status of each EGU must be determined on an  
individual basis, as if no stationary source-wide pooling plan existed under R  
336.2504(2)(d).  
History: 2009 AACS; 2013 AACS.  
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R 336.2509 Mercury compliance demonstration.  
Rule 1509. (1) Not later than January 16 of the applicable compliance year, the owner or  
operator for each affected EGU shall submit the proposed compliance demonstration  
notification to the department meeting the notification requirements in 40 C.F.R. 63.9,  
adopted by reference in R 336.1902.  
(2) For each affected EGUs, the submittal shall also include all of the following  
information:  
(a) The emission rates with supporting calculations projected to be achieved in pounds or  
ounces per compliance year.  
(b) Identification of any affected EGUs to be included in a source-wide averaging or  
source-wide pooling plan.  
(c) A brief description of the method or methods used to control mercury emissions.  
(3) The submittal shall be accompanied by a certification from the owner or operator that,  
to the best of the owner’s or operator’s knowledge, the information contained is true,  
accurate, and complete.  
(4) The compliance demonstration notification submitted to the department shall become  
a legally enforceable requirement effective April 16 of the applicable compliance year.  
History: 2009 AACS; 2013 AACS.  
R 336.2510 Mercury emissions testing, monitoring, recordkeeping, and reporting.  
Rule 1510. (1) Compliance with the mercury emission standards for each affected EGU  
under these rules shall be demonstrated using the testing, monitoring, recordkeeping, and  
reporting requirements of R 336.2001, R 336.2004, R 336.2104, R 336.2150, R 336.2156,  
R 336.2157, R 336.2158, R 336.2160, and R 336.2161 using calculation methodologies  
acceptable to the department.  
(2) Performance tests required by subrule (1) of this rule shall be conducted within 60  
days following receipt of written notification from the department, unless otherwise  
authorized by the department. All of the following apply:  
(a) Performance tests shall be conducted and data reduced according to the reference test  
methods in R 336.2004.  
(b) Not less than 7 days before performance tests are conducted, the owner or operator,  
or his or her authorized agent, shall notify the department, in writing, of the time and place  
of the performance tests and who shall conduct them. A representative of the department  
shall have the opportunity to witness these tests.  
(c) Results of performance tests shall be submitted to the department in the format  
prescribed by the applicable reference test method within 60 days after the last date of the  
test.  
(3) Monitoring required by subrule (1) of this rule shall measure mercury emissions with  
a continuous emission monitoring system; an alternate method described in 40 C.F.R. part  
60 or 75, adopted by reference in R 336.1802a, and acceptable to the department; or a  
method currently in use and acceptable to the department. The following apply:  
(a) An owner or operator of an affected EGU shall install, certify, and maintain  
monitoring not later than April 16, 2015.  
(b) An owner or operator of an affected EGU shall comply with the quality assurance  
procedures in R 336.2157.  
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(4) Recordkeeping shall include all data and calculations necessary to make compliance  
determinations in accordance with subrule (1) of this rule. Such recordkeeping shall be  
maintained at the EGU or other location and shall be kept in a manner acceptable to the  
department. The records shall be maintained for not less than 5 years after the date of  
expiration of the compliance demonstration plan.  
(5) Reporting required by subrule (1) of this rule, as specified by the department, shall be  
submitted to the department as follows:  
(a) Beginning April 30, 2015, and 30 days after the end of each calendar quarter thereafter,  
the owner or operator of each affected EGU shall submit a certified compliance report to  
the department with the following information:  
(i) Mercury emissions for the current quarter and total for the 12-month rolling average  
basis or time period as determined at the end of each calendar month for each EGU.  
(ii) Heat input for the current quarter and cumulative heat input for the total 12-month  
rolling average basis or time period as determined at the end of each calendar month.  
(iii) Gross electric output for the current quarter and cumulative output for the 12-month  
rolling average basis as determined at the end of each calendar month for each EGU that  
demonstrates compliance using an output-based emission standard.  
(iv) Any of the following that applies based on method of compliance:  
(A) Calculations used to determine mass emissions based on stack test data.  
(B) Calculations used to determine mass emissions based on sorbent trap data.  
(C) Alternative methodologies used to determine input mercury levels established under  
R 336.2505.  
(b) In addition, the report shall include the following information using the format in 40  
C.F.R. §60.7, adopted by reference in R 336.1802a:  
(i) The date, time, magnitude of emissions and emission rates where applicable, of the  
affected EGU.  
(ii) If emissions or emission rates exceed the emissions or rates allowed by the applicable  
emission limit, the cause, if known, and any corrective action taken.  
(iii) The total operating time of the affected EGU during the quarter and the applicable  
compliance year.  
(iv) For continuous emission monitoring systems, system performance information shall  
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. If the continuous monitoring system has not been inoperative, repaired, or  
adjusted, then that information shall be stated in the report.  
History: 2009 AACS; 2013 AACS.  
R 336.2511 Reserved.  
History: 2009 AACS.  
R 336.2512 Rescinded.  
History: 2009 AACS; 2013 AACS.  
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R 336.2513 Alternative compliance demonstration project for VLME units.  
Rule 1513. (1) Existing EGUs that qualify as VLME units shall implement an approved  
alternative compliance demonstration project under R 336.2503(3), as approved by the  
department, in lieu of complying with the requirements under R 336.2503(1), effective  
April 16, 2015. Both of the following apply:  
(a) The owner or operator of a VLME unit shall submit a plan for alternative compliance  
demonstration projects not later than the end of June before the applicable compliance year.  
The plan shall include, at a minimum, a description of the alternative mercury  
reduction/management systems, community outreach and education programs, project  
goals or reduction targets, and compliance tracking systems. A demonstration project of a  
mercury-specific emission control technology that has been implemented 3 years prior to  
April 16, 2015 may qualify as the minimum plan requirement.  
(b) The plan shall be subject to the review and approval of the department. The department  
may disapprove the plan, state its reasons for disapproval, and require the existing EGU to  
demonstrate compliance with 1 of the other methods under R 336.2503(1) or (2) for the  
applicable compliance year.  
(2) The owner or operator shall submit an annual progress report regarding the alternative  
compliance demonstration projects for each participating EGU not later than February 2  
following each compliance year. The progress records shall be kept in a format acceptable  
to the department. All records shall be kept on file for a period of at least 5 years and made  
available to the department upon request.  
(3) In addition, not later than January 16 of the applicable compliance year, the owner or  
operator shall submit a compliance demonstration notification as required under  
R 336.2509.  
History: 2009 AACS; 2013 AACS.  
R 336.2514 Rescinded.  
History: 2009 AACS; 2013 AACS.  
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;