DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY  
AIR QUALITY DIVISION  
AIR POLLUTION CONTROL  
Filed with the secretary of state on April 28, 2025  
These rules become effective immediately after filing with the secretary of state unless  
adopted under section 33, 44, or 45a(9) 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 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)  
R 336.1801, R 336.1802, R 336.1803, R 336.1810, and R 336.1818 of the Michigan  
Administrative Code are amended, and R 336.1840, R 336.1841, R 336.1842,  
R 336.1843, R 336.1844, R 336.1845, and R 336.1846 are added, as follows:  
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,  
October 16, 2024  
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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 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  
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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:  
(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:  
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(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.  
(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  
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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:  
TABLE 81  
Boilers and process heaters with heat input capacity of 250 million Btu or more NOx  
emission limitations (pounds NOx per 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  
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.  
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R 336.1802 Applicability under the oxides of nitrogen (NOx) budget program.  
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  
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hours restriction, volumes of fuel burned and maximum default gross calorific 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.  
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.  
(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  
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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  
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.  
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(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.  
(xxxv) Sanilac.  
(xxxvi) Shiawassee.  
(xxxvii) Tuscola.  
(xxxviii) Van Buren.  
(xxxix) Washtenaw.  
(xl) Wayne.  
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(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 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.  
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(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:  
(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  
12  
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.  
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.  
(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:  
13  
(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.  
(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.  
14  
(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  
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:  
15  
(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.  
(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.  
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.  
(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.  
16  
(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:  
(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:  
17  
(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  
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.  
18  
(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.  
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.  
(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.  
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.  
19  
(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:  
(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:  
20  
TABLE 841  
NOx emission limits for internal combustion engines.  
Grams of NOx per brake  
Engine type  
horsepower-hour  
N/A  
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  
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
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  
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  
21  
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:  
(a) The USEPA makes a determination that reasonable further progress as described in  
Michigan’s approved state implementation plan was not achieved.  
22  
(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  
Engine type  
horsepower-hour  
Compression Ignition  
Greater than 500 HP  
2.5  
Spark ignition, natural gas burning engines  
2 stroke greater than 500 HP  
2.5  
2.5  
1.0  
4 stroke from 500 HP to 1000 HP  
4 stroke greater than 1000 HP  
Spark Ignition greater than 500 HP using landfill,  
digester, or other gaseous fuels  
2.5  
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.  
(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.  
23  
(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 MMBtu/hr  
Gaseous fuels: > 50 MMBtu/hr  
Distillate Oil: > 50 MMBtu/hr  
N/A  
0.10  
0.12  
0.25  
0.35  
0.25  
Residual Oil: > 50 MMBtu/hr  
Solid fuels: > 50 MMBtu/hr, < 100 MMBtu  
Solid fuels: => 100 MMBtu  
a Except 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:  
푛
∑
Emission limit = 푖=1(푃푖)(퐿푖)  
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.  
24  
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  
Every 5 years but no more than 61  
months after the last tune-up  
All other fuels  
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  
completed every 24 months, after the date of the last test, consistent with the  
25  
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:  
26  
(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  
a Except for alternative averaging periods as allowed in subrule (7)(b) of this rule.  
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.  
(b) Turbines that are rated at less than 30 MMBtu/hr.  
(c) Emergency turbines.  
27  
(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  
150  
25  
Liquid fuel fired  
Between 30 and 50 MMBtu/hr  
50 MMBtu/hr and greater  
200  
65  
a Except 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 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:  
28  
(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.  
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  
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:  
29  
(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.  
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  
Residual Oil  
0.15 lb/MMBtu  
0.20 lb/mmBtu  
0.27 lb/mmBtu  
Process Heaters  
Gaseous fuels >60 MMBtu/hr  
0.12 lb/MMBtu  
0.12 lb/MMBtu  
0.14 lb/MMBtu  
0.15 lb/MMBtu  
0.18 lb/MMBtu  
0.18 lb/MMBtu  
0.20 lb/MMBtu  
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  
Any fuel > 10 MMBtu/hr utilizing  
ammonia injection  
30  
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 produced  
Glass Manufacturing > 50 MMBtu/hr  
a Except 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  
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  
31  
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.  
(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  
0.10 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  
a Except for alternative averaging periods as allowed in (6)(c)(ii) of this rule.  
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:  
32  
(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,  
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  
33  
install as expeditiously as practicable or as described in the proposed plan for alternative  
RACT.  
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  
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.  
34  
(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 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  
($/ton removed)  
=
Control option total annualized cost ($/yr)  
-------------------------------------------------------  
35  
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.  
;