DEPARTMENT OF ENVIRONMENTAL QUALITY  
AIR QUALITY DIVISION  
AIR POLLUTION CONTROL  
Filed with the secretary of state on October 24, 2019  
These rules take effect immediately upon filing with the secretary of state unless adopted  
under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA  
306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become  
effective 7 days after filing with the secretary of state.  
(By authority conferred on the director of the department of environmental quality by  
sections 5503 and 5512 of the natural resources and environmental protection act, 1994  
PA 451, MCL 324.5503 and 324.5512)  
R 336.1401, R 336.1401a, R 336.1402, and R 336.1404 of the Michigan Administrative  
Code are amended, and R 336.1420 of the Code is rescinded, as follows:  
PART 4. EMISSION LIMITATIONS AND PROHIBITIONS – SULFUR-  
BEARING COMPOUNDS  
R 336.1401 Emission of sulfur dioxide from power plants.  
Rule 401. (1) In a power plant, it is unlawful for a person to burn fuel that does not  
comply with the sulfur content limitation of table 41 or which, when burned, results in  
sulfur dioxide (SO2) emissions exceeding an equivalent emission rate as shown in table  
41. In a power plant located in Wayne county, it is unlawful for a person to burn fuel that  
does not comply with the sulfur content limitation of table 42 and unlawful to cause or  
permit a discharge into the atmosphere from fuel-burning equipment SO2 in excess of the  
SO2 concentration limit shown in table 42.  
(2) Tables 41 and 42 read as follows:  
May 28, 2019  
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TABLE 41  
Fuel and SO2 Emission Limitations for Power Plants  
Maximum  
Average  
Sulfur  
Equivalent Emission Rates  
Parts per Million by Volume Pounds of SO2 per  
Plant Capacity(a)  
(ppmv) Corrected to 50%  
Million Btu of Heat Input  
(e)  
Excess Air(e)  
Content in  
Fuel(b, e)  
Solid Fuel(c) Liquid Fuel(d) Solid  
Liquid  
Fuel(d)  
(18,000  
Btu/lb)  
(12,000  
Btu/lb)  
(18,000  
Btu/lb)  
Fuel(c)  
(Percent  
by weight)  
(12,000  
Btu/lb)  
0-500,000 lbs  
Steam per Hour Plant  
Capacity  
1.5  
1.0  
890  
630  
2.5  
1.67  
Greater than  
590  
420  
1.67  
1.11  
500,000 lbs Steam per  
Hour Plant Capacity  
(a) The total steam production capacity of all coal- and oil-burning equipment in a power  
plant as of August 17, 1971.  
(b) "Maximum average sulfur content in fuel" means the average sulfur content in all fuels  
burned at any 1 time in a power plant. The sulfur content shall be calculated on the basis of  
12,000 Btu per pound for solid fuels and 18,000 Btu per pound for liquid fuels.  
(c) Solid fuels include both pulverized coal and all other coal.  
(d) Liquid fuels include distillate oil (No. 1 and No. 2), heavy oil (No. 4, No. 5, and No. 6),  
and crude oil.  
(e) A person shall sample, analyze, calculate, and record for each day of operation for each  
unit at the power plant, the sulfur content of the fuel combusted or the fuel’s equivalent SO2  
emission rate in accordance with as-fired fuel sampling and analysis procedures found in  
appendix A of 40 CFR part 60; in particular the “Standard Test Methods for Sulfur in Petroleum  
Products:” ASTM D129, D1266, or D1552 and the “Standard Test Methods for Total Sulfur in  
the Analysis of Coal and Coke:” ASTM D3177 or D4239; as referenced in 40 CFR 60.17,  
adopted by reference in R 336.1902. Records must be kept, including the identification of the  
power plant, days of operation, and maximum sulfur content of fuel combusted for each day of  
operation. Records must be maintained on site for 5 years and submitted to the department upon  
written request.  
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TABLE 42  
Fuel and SO2 Concentration Limitations for Power Plants Located in Wayne County  
Maximum Weight Percent  
SO2 ppmv Emission Rates  
Fuel Type  
Sulfur Content in Fuel(a & b)  
Corrected to 50% Excess Air (b)  
Limitations for Fuel-Burning  
Equipment  
1.00  
Pulverized Coal  
Other Coal  
Distillate Oil Nos. 1 & 2  
Used Oil  
Crude and Heavy Oil  
Nos. 4, 5, & 6  
550  
420  
120  
300  
400  
0.75  
0.30  
1.00  
1.00  
(a) “Maximum weight percent sulfur content in fuel" means the maximum weight percent  
sulfur content in all fuels burned at any 1 time in a power plant.  
(b) A person shall sample, analyze, calculate, and record for each day of operation for  
each unit at the power plant, the sulfur content of the fuel combusted and the fuel’s equivalent  
SO2 emission rate in accordance with as-fired fuel sampling and analysis procedures found in  
appendix A of 40 CFR part 60; in particular the “Standard Test Methods for Sulfur in  
Petroleum Products:” ASTM D129, D1266, or D1552 and the “Standard Test Methods for  
Total Sulfur in the Analysis of Coal and Coke:” ASTM D3177 or D4239; as referenced in 40  
CFR 60.17, adopted by reference in R 336.1902. Records must be kept, including the  
identification of the power plant, days of operation, and maximum sulfur content of fuel  
combusted for each day of operation. Records must be maintained on site for 5 years and  
submitted to the department upon written request.  
(3) The following provisions apply to persons in Wayne county:  
(a) The maximum weight percent sulfur content in fuel limitations for fuel-burning  
equipment provisions of table 42 of this rule do not apply to any person who uses a  
combination of fuels in such ratios as to meet the SO2 concentration limitations specified  
in table 42 and has obtained written approval from the department for this exemption.  
The allowable concentration limit will be based on the value in the table for the fuel  
having the higher allowable concentration limit.  
(b) The maximum weight percent sulfur content in fuel limitations for fuel-burning  
equipment provisions of table 42 of this rule do not apply to any person who has received  
an installation permit from the department for a control device to desulfurize the stack  
gases if the control device is installed and operating properly.  
(4) Instead of conducting daily as-fired fuel sampling and analysis pursuant to subrule  
(2) of this rule, a person at any power plant equipped with a SO2 continuous emissions  
monitoring system (CEMS) may compute and record the daily equivalent emission rates  
as determined by the SO2 CEMS. The SO2 CEMS must be calibrated, maintained, and  
operated in accordance with the procedures in 40 CFR 60.13(d), (e), (f), and (h) and in  
performance specification 2, appendix B of 40 CFR part 60 or 40 CFR part 75 excluding  
the data substitution outlined in subpart D, adopted by reference in R 336.1902. Records  
must be maintained on site for 5 years and submitted to the department upon written  
request.  
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R 336.1401a Definitions.  
Rule 401a. As used in this part:  
(a) "Power plant" means a single structure devoted to steam or electric generation, or  
both, and may contain multiple boilers.  
(b) “Sulfur recovery plant” means any plant that recovers elemental sulfur from any gas  
stream.  
R 336.1402 Emission of SO2 from fuel-burning equipment at a stationary source other  
than power plants.  
Rule 402. (1) For fuel burning equipment at a stationary source other than a power plant  
it is unlawful for a person to cause or allow the emission of SO2 from the combustion of  
any coal or oil fuel in excess of 1.7 pounds per million Btu of heat input for oil fuel or in  
excess of 2.4 pounds per million Btu of heat input for coal fuel.  
(2) The provisions of subrule (1) of this rule do not apply to fuel-burning equipment at a  
stationary source that is unable to comply with the specified emission limits because of  
SO2 emissions caused by the presence of sulfur in other raw materials charged to the fuel-  
burning equipment. This exception applies if at any time the actual SO2 emission rate  
exceeds the expected theoretical SO2 emission rate from fuel burning. The expected  
theoretical SO2 emission rate must be based on the quantity of fuel burned and the  
average sulfur content of the fuel.  
(3) For fuel burning equipment at a stationary source located in Wayne county other  
than a power plant, it is unlawful for a person to burn fuel that does not comply with the  
sulfur content limitation of table 43 and unlawful to cause or allow a discharge into the  
atmosphere from fuel burning equipment SO2 in excess of the SO2 concentration limit  
shown in table 43.  
(4) Table 43 reads as follows:  
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Table 43  
Fuel and SO2 Concentration Limitations for Fuel Burning Equipment(c) at a Stationary  
Source Located in Wayne County Other than a Power Plant  
Maximum Weight Percent SO2 ppmv Emission Rates  
Fuel Type  
Sulfur Content in Fuel(a, b) Corrected to 50%  
Limitations for Fuel-  
Burning Equipment  
0.75  
ExcessAirb  
Coal  
420  
120  
Distillate Oil Nos. 1  
& 2  
0.30  
Used Oil  
Crude and Heavy Oil  
Nos. 4, 5, & 6  
1.0  
1.00  
300  
400  
(a) The determination of sulfur content (percent by weight) of fuel shall be  
carried out in accordance with the “Standard Test Methods for Sulfur in Petroleum  
Products:” ASTM D129, D1266, or D1552 and the “Standard Test Methods for Total  
Sulfur in the Analysis of Coal and Coke:” ASTM D3177 or D4239; as referenced in  
40 C.F.R. 60.17, adopted by reference in R 336.1902.  
(b) Records must be kept, including the identification of the fuel burning  
equipment, days of operation, and maximum sulfur content of fuel combusted for  
each day of operation. Records must be maintained on site for 5 years and submitted  
to the department upon written request.  
(c) For table 43, fuel burning equipment includes residential and commercial  
space and water heating. The maximum weight percent sulfur content in fuel and  
SO2 ppmv emission rate limitations for distillate, crude, and heavy oils listed above  
also apply to these units.  
(5) The following provisions apply to persons in Wayne county:  
(a) The maximum weight percent sulfur content in fuel limitations for fuel-burning  
equipment provisions of table 43 of this rule do not apply to a person who uses a  
combination of fuels in such ratios as to meet the SO2 concentration limitations specified  
in table 43 and has obtained written approval from the department for this exemption.  
The allowable concentration limit will be based on the value in the table for the fuel  
having the higher allowable concentration limit.  
(b) The maximum weight percent sulfur content in fuel limitations for fuel-burning  
equipment provisions of table 43 of this rule do not apply to a person who has received  
an installation permit from the department for a control device to desulfurize the stack  
gases if the control device is installed and operating properly.  
R 336.1404 Emission of SO2 and sulfuric acid mist from sulfuric acid plants.  
Rule 404. (1) It is unlawful for a person to cause or allow the emission of sulfuric acid  
mist from any sulfuric acid plant in excess of 0.50 pounds per ton of acid produced, the  
production being expressed as 100% sulfuric acid.  
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(2) It is unlawful for a person in Wayne county to cause or allow SO2 emissions into the  
atmosphere from any sulfuric acid plant to exceed 6.5 pounds per ton of acid produced.  
(3) Compliance with this rule must be demonstrated using 40 CFR part 60, appendix A,  
reference test method no. 8, adopted by reference in R 336.1902.  
R 336.1420. Rescinded.  
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