STATE OF l\1ICHIGAN

JENNIFER M. GRANHOLM GOVERNOR DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENT
LANSING


### July 16, 2010 REBECCA A. HUMPHRIES DIRECTOR



### Ms. Susan Hedman, Administrator U.S. Environmental Protection Agency Region 5 77 West Jackson Boulevard (R-19J) Chicago, Illinois 60604-3507

DearAdministrator Hedman: 

### RECEIVED 

# JUL 26 

# 2010**u.~** St." OfFICEOFREGIONAL

..\).;1\';,,;.)



### The Michigan Department of Natural Resources and Environment (DNRE), formerly the Michigan Department of Environmental Quality (MDEQ), is submitting the enclosed revision to Michigan's State Implementation Plan (SIP) and requests approval ofthe revised SIP by the U.S. Environmental Protection Agency (EPA). The submittal consists of revisions to two rules in Part 18, Prevention of Significant Deterioration (PSD) ofAir Quality, of Michigan's Air Pollution Control Rules: R 336.2801 (ee) and R 336.2818(3) and (3)(f), which are Rule 1801(ee) and Rule 1818(3) and (3)(f), respectively.

In a letterdated September 30,2008, copy enclosed, the DNRE requested thatthese revisions be approved into our PSD SIP, but the March 25, 2010, 

### FederalRegister notice for approving Michigan's PSD SIP submittal states that, "Because modifications of R 336.1801 (ee) ('net emissions increase') and R 336.1818(3) and (3)(f) (the 'reasonable possibility' recordkeeping and reporting requirements) are not part ofthe requirements ofthe conditional approval, and MDEQ has not previously requested EPA's action on them, the EPA is not acting on these modifications at this time. Unless and until these modifications are submitted and approved, they are not part ofthe SIP." Therefore, we again respectfully requestthatthese revisions be reviewed and approved into Michigan's SIP.

The revision to Rule 1801 (ee), "net emissions increase," is the result ofcomments received during the public comment period on the same term underthe DNRE nonattainment New Source Review (NSR) rules. Rule 1801 (ee) was revised to make the rule no more stringent than the federal requirements in Title 40 ofthe Code of Federal Regulations, Sections 52.21 and 51.166, Prevention of Significant Deterioration ofAir Quality.

The revision to Rule 1818(3) and (3)(f) was suggested by both the EPA and stakeholders to implementthe EPA's recently promulgated rules that clarified the "reasonable possibility" recordkeeping and reporting requirements associated with the 2002 NSR reform rules.

CONSTITUTION HALL· 525 WEST ALLEGAN STREET· P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 www.michigan.gov/dnre • (800) 662-9278

### Ms. Susan Hedman Page 2 July 16, 2010

We appreciate your attention to this matter. Ifyou have any questions regarding this submittal, please contact Mr. Robert Irvine, Chief, Strategy Development Unit, Air Quality Division, at 517-373-7042; irviner@michigan.gov, or DNRE, P.O. Box 30260, Lansing, Michigan 48909.

Sinc::p

.

# ~~/2- Rebecca A. Humphries Director 517-373-7917

Enclosures cc: Ms. Cheryl Newton, EPA, Region 5 Mr. John Mooney, EPA, Region 5 Mr. Jim Sygo, Deputy Director, Environmental Protection, DNRE Mr. G. Vinson Hellwig, DNRE Mr. Robert Irvine, DNRE Mr. Jeffrey Rathbun, DNRE

## R.T.

STA'fE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

LANSING 

# DE€l

JENNIFER M, GRANHOLM
GOVERNOR



### September30, 2008

Ms. Lynn Buhl, Regional Administrator U.S. Environmental Protection Agency Region 5 77 West Jackson Boulevard (R-19J) Chicago, Illinois 60604-3507

DearAdministrator Buhl: STEVEN E. CHESTER
DIRECTOR



### We are submitting the enclosed revision to Michigan's State Implementation Plan (SIP) and request your approval ofthe revised SIP. The submittal consists of revisions to three rules in Part 18, Prevention of Significant Deterioration (PSD) ofAirQuality, of Michigan's Air Pollution Control Rules, R 336.2801 (Rule 1801), R 336.2816, and R 336.2818. These revisions incorporate all the corrections requested in response to two Federal RegisterNotices: 

### (1) Final Conditional Approval, 73 FR 53366; and (2) Proposed Disapproval, 73 FR 53401. These changes are necessaryto obtain a full and final approval ofour Part 18 PSD rules promulgated as a SIP.

The revisions consist of modifications to Rules 1801 (r)(ii), 1801 (hh), and 1816 ofthe Part 18 rules at the request ofthe U.S. Environmental Protection Agency (EPA). The requested revision to Rule 1801 (r)(ii) adds the definition of "replacement unit" to the definition of "emissions unit" to be consistentwith 40 CFR 51.166(b)(32). The requested revision to Rule 1801 (hh) further clarifies the intent ofthe rule corresponding to 40 CFR 51.166(b)(4), except instead of "federally enforceable," the state PSD rules use the term "legally enforceable and enforceable as a practical matter bythe state, local air pollution control agency, or U.S. EPA." The requested revisions to Rule 1816 include changes to Rule 1816(2) through (4) so that the rules more closely comport with 40 CFR 51.166(p)(1) through (7).

An additional revision to Rule 1801 (ee), "net emissions increase," is the result of comments received during the public comment period on the same term underthe Michigan Department of Environmental Quality's (MDEQ's) nonattainment New Source Review (NSR) rules. Rule 1801(ee) was also revised to make the rule no more stringent than the federal requirement in 40 CFR 52.21.

The revisions to Rule 1818(3) and (3)(f) were not requested, but were suggested by both the EPA and the stakeholders to implement the EPA's recently promulgated rules that clarify the "reasonable possibility" recordkeeping and reporting requirements associated '.h.'!th the 2002 NSR**n~fnrm rlJlp.~** 

CONSTITUTION HALL· 525 WEST ALLEGAN STREET· P,O, BOX 30473· LANSING, MICHIGAN 48909·7973 www,michigan,gov· (800) 662-9278

### Ms. Lynn Buhl Page 2 September 30, 2008

We appreciate your attention to this matter. Ifyou have any questions regarding this submittal, please contact Mr. Robert Irvine, Air Quality Division, MDEQ, at 517-373-7042.

Steven

. Chester Director 517-373-7917

Enclosure cc: Ms. Cheryl Newton, EPA Region 5 Mr. John Mooney, EPA Region 5 Ms. Laura Cossa, EPA Region 5 Ms. Pam Blakley, EPA Region 5 Mr. G. Vinson Hellwig, MDEQ Mr. Robert Irvine, MDEQ

# AIR POLLUTION CONTROL RULES

PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

As Amended September 11, 2008

Jennifer M. Granholm, Governor Steven E. Chester, Director 

## Air Quality Division Michigan Department of Environmental Quality
INTERNET: http://michigan.gov/deqair

### The Michigan Department of Environmental Quality (MDEQ) will not discriminate against any individual or group on the basis of race, sex, religion, age, national origin, color, marital status, disability or political beliefs. Questions or concerns should be directed to the MDEQ Office of Personnel Services, P.O. Box 30473, Lansing, MI 48909.



### G. Vinson Hellwig, Chief Air Quality Division Constitution Hall, 3rd 

### Floor North 525 WestAllegan Street P.O. Box 30260 Lansing, Michigan 48909-7760 Phone: (517) 373-7023 Fax: (517) 241-7440

Printed bv authoritv of Part 55 of Natural Resources and Environmental Protection Act. 1994 PA Total numberofcopies printed: 25 Total Cost: $68.25 Cost per copy: $2.73 (**DE~** Michigan Department of Environmental Quality

### TABLE OF CONTENTS

PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY R 336.2801 Definitions 1 R 336.2801a Adoption by reference 14 R 336.2802 Applicability 15 R 336.2803 Ambient air increments 16 R 336.2804 Ambient air ceilings 17 R 336.2805 Restrictions on area classifications 18 R 336.2806 Exclusions from increment consumption 18 R 336.2807 Redesignation 19 R 336.2808 Stack heights 20 R 336.2809 Exemptions 20 R 336.2810 Control technology review 21 R 336.2811 Source impact analysis 22 R 336.2812 Air quality models 22 R 336.2813 Air quality analysis 22 R 336.2814 Source information 23 R 336.2815 Additional impact analyses 24 R 336.2816 Sources impacting federal class I areas; additional requirements 24 R 336.2817 Public participation 26 R 336.2818 Source obligation 27 R 336.2819 Innovative control technology 29 R 336.2823 Actuals plantwide applicability limits (PALs) 30 R 336.2830 Administrative hearings 41

# DEn

MICHIGANDEPARTMENT OFENVIRONMENTAL QUALITY

AIRQUALITYDIVISION

Effective September 11, 2008



### PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

R336.2801 Definitions.
Rule 1801. The following definitions apply to terms used in this part. Ifaterm defined in this part is also defined elsewhere in the rules, then the definition contained here applies for this part only. (a) "Actual emissions" means the actual rate ofemissions ofa regulated new source review pollutant from an emissions unit, as determined under R 336.110l(b), except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing aplantwide applicability limitunder R 336.2823. Instead, the terms "projected actual emissions" and "baseline actual emissions" shall apply for those purposes. (b) "Baseline actual emissions" means the rate of emissions, in tons per year, ofa regulatednew source review pollutant, as determined bythe following: (i) For any existing electric utility steam generating unit, baseline actual emissions

means the average rate, in tons per year, at whichthe unit actually emittedthe pollutant during any consecutive 24-monthperiod selectedbythe owner or operatorwithinthe 5- year period immediately preceding when the owner or operator begins actual construction of the project. The department shall allow the use of a different time period upon a determination that it is more representative ofnormal source operation. All ofthe following provisions apply: (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitationthat was legally enforceable during the consecutive 24-monthperiod. (C) For a regulated new source review pollutant, ifa project involves multiple emissions units, then only 1 consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated new source review pollutant. (D) The average rate shall not be based on any consecutive 24-monthperiod for which there is inadequate information for determining annual emissions, intons perR 336.2801 18-2 Effective September 11, 2008

year, and for adjusting this amount if required by paragraph (i)(B) of this subdivision. (ii) For an existing emissions unit, other than an electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction ofthe project, or the date a complete permit application is received by the department for a permit required by R 336.1201, whichever is earlier, except that the 10-year period shall not include any period earlierthanNovember 15, 1990. All ofthe following provisions apply: (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitationthatwas legally enforceable during the consecutive 24-monthperiod. (C) The average rate shall be adjusted downward to exclude emissions that would have exceeded an emission limitation withwhich the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part ofa maximum achievable control technology standard that the United States environmental protection agency proposed or promulgated under40 C.F.R. part 63, then the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan submitted to the U.S. environmental protection agency. The provisions of 40 C.F.R. part 63 are adopted by reference in R 336.2801a. (D) For a regulated new source review pollutant, ifa project involves multiple emissions units, then only 1 consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated new source reviewpollutant. (E) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by subparagraphs (B) and (C) ofthis paragraph. (iii) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation ofsuchunit shall equal zero; and thereafter, for all otherpurposes, shall equal the unit's potential to emit. (iv) For a plantwide applicability limit for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units under paragraph (i) ofthis subdivision, for other existing emissions units underparagraph (ii) of this subdivision, and for a new emissions unit under paragraph (iii) of this subdivision.R 336.2801 18-3 Effective September 11, 2008

(c) "Baseline area" means all ofthe following: (i) Any intrastate area, and every part thereof, designated as attainment or unclassifiable under section l07(d)(1) (D) or (E) ofthe clean air act in whichthe major

source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greaterthan 1 microgramper cubic meter (annual average) ofthe pollutant for which the minor source baseline date is established. (ii) Arearedesignations under section 107(d)(1) (D) or (E) ofthe clean air act shall not intersect or be smaller than the area ofimpact ofany major stationary source or majormodification which does either ofthe following: (A) Establishes aminor source baseline date. (B) Is subject to PSD regulations or new source review for major sources in nonattainment areas regulations. (iii) Any baseline area established originally for the total suspended particulates increments shall remain in effect and shall apply for purposes of determining the amount ofavailable PM-l0 increments, exceptthat the baseline area shall notremain in effect ifthe department rescinds the corresponding minor source baseline date under subdivision (bb)(iv) ofthis rule. (d) "Baseline concentration" means the value derivedusing the following procedures: (i) The ambient concentration level that exists inthe baseline area atthe time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutantfor which a minor source baseline date is established and shall include both of the following: (A) The actual emissions representative of sources in existence on the applicable minor source baseline date. (B) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operationbythe applicable minor source baseline date. (ii) The following shall not be included in the baseline concentration and shall affectthe applicable maximum allowable increase: (A) Actual emissions from any major stationary source on which construction commenced afterthe major source baseline date. (B) Actual emissions increases and decreases at any stationary source occurring afterthe minor source baseline date. (e) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying of underground pipework, and construction ofpermanent storage structures. "A change in method ofoperation" refers to those on-site activities, other than preparatory activities, whichmarkthe initiation ofthe change. (f) "Best available control technology" or "BACT" means an emissions limitation, including a visible emissions standard, based on the maximum degree ofreduction forR 336.2801 18-4 Effective September 1J, 2008



### each regulated new source review pollutant, which would be emitted from any proposed major stationary source or major modification which the department

-- on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs

-- determines is achievable for such source ormodification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of the pollutant. Application of best available control technology shall not result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 C.F.R. parts 60 and 61, adopted by reference in R 336.2801a. If the department determines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emissions standard infeasible, then a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. The standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofthe design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalentresults. (g) "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on I 

### or more contiguous or adjacentproperties, and are underthe control ofthe same person, orpersons under common control, exceptthe activities ofany vessel. Pollutant-emitting activities are part of the same industrial grouping if they have the same 2-digit major group code associated with their primary activity. Major group codes and primary activities are described in the standard industrial classification manual, 1987. For assistance in converting north American industrial classification system codes to standard industrial classificationcodes see http://www.census.gov/epcd/naics02/. (h) "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility which will achieve significant reductions in air emissions ofsulfur dioxide or oxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, or process steamwhich was notin widespreaduse as ofNovember 15, 1990. (i) "Clean coal technology demonstration project" means a project using funds appropriated underthe heading "DepartmentofEnergy

-- Clean Coal Technology," up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similar projects funded through appropriations for the United States Environmental Protection Agency. The federal contribution for a qualifying project shall be at least 20% ofthe total cost ofthe demonstrationproject. (j) 

### [Reserved] (k) "Commence," as applied to construction of a major stationary source or major modification, means thatthe owner oroperatorhas all necessary preconstruction approvals

orpermits andhas done eitherofthe following: (i) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe source, to be completed within areasonable time.R336.2801 18-5 Effective September 11, 2008

(ii) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe source to be completedwithin areasonable time. (1) "Complete" means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermit processing does not preclude the department from requesting or accepting additional information. (m) "Construction" means any physical change or change in the method ofoperation, including fabrication, erection, installation, demolition, or modification of an emissions unit, thatwouldresultin achange in emissions. (n) "Continuous emissions monitoring system" or "CEMS" means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthese rules, to sample, condition ifapplicable, analyze, and provide a record ofemissions on a continuous basis. (0) "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate interms ofmass perunit oftime. (p) "Continuous parametermonitoring system" or "CPMS" means all ofthe equipment necessary to meet the data acquisition and availability requirements of these rules, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parametervalue orvalues on acontinuous basis. (q) "Electric utility steam generating unit" means any steam electric generating unit that is constructed for supplying more than 1/3 ofits potential electric output capacity and

more than 25 megawatt electrical output to any utility power distribution system for sale. Steam supplied to a steam distribution system for providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. (r) "Emissions unit" means any part ofa stationary source that emits orwouldhave the potential to emit any regulated new source review pollutant and includes an electric utility steam generating unit. Both ofthe following aretypes ofemissions units: (i) A new emissions unitis any emissions unitthat is, orwill be, newly constructed andthathas existed for less than 2years from the datethe emissions unitfirst operated. (ii) An existing emissions unit is any emissions unit that does not meet the definition ofanew emissions unit. Areplacement unitis an existing emissions unit and
no creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. A replacement unit shall meet all of,the following criteria: (A) The emissions unit is areconstructed unit ifthe replacement ofcomponents of an existing facility is to such an extent that the fixed capital cost ofthe new components exceeds 50% of the fixed capital cost that would be required toR 336.2801 18-6 Effective September 11, 2008

construct a comparable entirely new facility or the emissions unit completely takes theplace ofan existing emissions unit. (B) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (C) The replacement does not alter the basic design parameters ofthe process unit. (D) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. (s) "Federal land manager" means, with respect to any lands in the United States, the secretary ofthe department with authority over such lands. (t) "High terrain" means an area having an elevation 900 feet or more above the base ofthe stackofa source. (u) "Hydrocarbon combustion flare" means either a flare used to comply with an applicable new source performance standard or maximum achievable control technology standard, including uses offlares during startup, shutdown, ormalfunction permittedunder such a standard, or a flare that serves to control emissions ofwaste streams comprised predominately of hydrocarbons and containing not more than 230 milligrams per dry standard cubic meterhydrogen sulfide. (v) "Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act ofcongress. (w) "Indian governing body" means the governing body ofany tribe, band, orgroup of Indians subjectto thejurisdiction ofthe United States and recognized by the United States

as possessing powerofself-government. (x) "Innovative control technology" means any system ofair pollution control that has not been adequately demonstrated in practice, but may have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or ofachieving at least comparable reductions at lower cost in terms ofenergy, economics, ornon-airquality environmental impacts. (y) "Lowterrain" means any area otherthan highterrain. (z) "Lowest achievable emission rate" or "LAER", for any source, means the more stringentrate ofemissions based on R 336.1112(f). (aa) "Majormodification" means any ofthe following: (i) Physical change in or change in the method ofoperation ofa major stationary

source that wouldresultin both ofthe following: (A) A significant emissions increase ofaregulated new source review pollutant. (B) A significant net emissions increase of that pollutant from the major stationary source.R 336.2801 18-7 Effective September 11, 2008

(ii) A significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds shall be considered significantfor ozone. (iii) Physical change or change in the method ofoperation shall not include any of the following: (A) Routine maintenance, repair, andreplacement. (B) Use of an alternative fuel or raw material by reason of any order under section 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 orby reason ofanatural gas curtailmentplan underthe Federal PowerAct. (C) Use ofan alternative fuel by reason ofan order orrule under section 125 of the clean airact. (D) Use ofan alternative fuel at a steam generating unit to the extent that the fuel is generatedfrom municipal solid waste. (E) Use ofan alternative fuel orraw material by a stationary source whichmeets eitherofthe following: (1) The source was capable ofaccommodating before January 6, 1975, unless such change wouldbeprohibitedunder anyfederally enforceablepermit condition which was establishedafter January 6, 1975, under PSD regulations

orR 336.1201(1)(a). (2) The source is approved to use under any permit issued under PSD regulations or underR 336.1201(1)(a). (F) An increase in the hours ofoperation or in the production rate, unless the change would beprohibited under any federally enforceable permitcondition which

was established afterJanuary 6, 1975, underPSD regulations orR 336.1201(l)(a). (G) Any change in ownership at astationary source. (H) [Reserved] (1) The installation, operation, cessation, or removal ofa temporary clean coal technology demonstration project, provided that the project complies with both of the following: (1) The state implementationplan. (2) Other requirements necessary to attain andmaintain the nationalambient airqualitystandards during theprojectandaftertheprojectis terminated. (1) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany regulated pollutant emitted bythe unit. This exemption shall apply on apollutant-by-pollutantbasis. (K) The reactivation ofa very clean coal-fired electric utility steam generating unit. (iv) This definition shall not apply withrespectto aparticularregulated new source review pollutant when the major stationary source is complying with the requirements for an actuals PAL for thatpollutant. Instead, the definition ofPAL major modification inR 336.2823 shall apply. (bb) All ofthe following apply to major and minor source baseline dates:R 336.2801 

### 18-8 Effective September 

### 11, 2008



### (i) "Major source baseline date" means both ofthe following: (A) January 6, 1975, for particulatematter and sulfurdioxide. (B) February 8, 1988, for nitrogen dioxide. (ii) "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to PSD regulations submits a complete application under the relevant regulations. The trigger date is both ofthe following: (A) August 7, 1977, forparticulatematter and sulfurdioxide. (B) February 8, 1988, fornitrogen dioxide. (iii) The baseline date is established for each pollutant for which increments or otherequivalentmeasures have been establishedifboth ofthe following occur: (A) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107(d)(i) (D) or (E) ofthe clean air act for the pollutant on the date of its complete application under R 336.1201 and PSD regulations. (B) Ifa major stationary source, the pollutant would be emitted in significant amounts, or, if a major modification, there would be a significant net emissions increase ofthe pollutant. (iv) Any minor source baseline date established originally for the total suspended particulates increments shall remain in effect and shall apply for determining the amount of available PM-10 increments, except that the department may rescind any minor source baseline date where it can be shown, to the satisfaction ofthe department, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significantamount ofPM-10 emissions. (cc) "Major stationary source" means any ofthe following: (i) Any ofthe following stationary sources ofairpollutants which emits, orhas the potential to emit, 100tons peryear ormore ofaregulated new sourcereviewpollutant: (A) Fossil fuel-fired steam electric plants of more than 250 million British thermal units perhourheat input. (B) Coal cleaningplants withthermal dryers. (C) Kraftpulp mills. (D) Portland cementplants. (E) Primary zinc smelters. (F) Iron and steel mill plants. (G) Primary aluminum ore reductionplants. (H) Primary copper smelters. (1) 

### Municipal incinerators capable ofcharging more than 250 tons ofrefuse per day. (1) 

### Hydrofluoric, sulfuric, andnitric acidplants. (K) Petroleumrefineries. (L) Limeplants. (M) Phosphaterockprocessing plants.R 336.2801 18-9 Effective September 11, 2008

(N) Coke ovenbatteries. (0) Sulfurrecovery plants. (P) Carbonblackplants (furnace process). (Q) Primary lead smelters. (R) Fuel conversionplants. (S) Sinteringplants. (T) Secondarymetal productionplants. (U) Chemical process plants. (V) Fossil fuel boilers, or combinations thereof, totaling more than 250 million Britishthermal units perhourheatinput. (W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. (X) Taconite ore processingplants. (Y) Glass fiber processingplants. (Z) Charcoal productionplants. (ii) Any stationary source not listed inthe previous subdivision which emits, orhas the potential to emit, 250 tons per year or more of a regulated new source review pollutant. (iii) Any physical change that would occur at a stationary source not otherwise qualifying under subdivision (cc) ofthis subrule, as a major stationary source ifthe change would constitute amajor stationary source by itself. (iv) A major source that is major for volatile organic compounds shall be consideredmajorfor ozone. (v) The fugitive emissions of a stationary source shall not be included in determining, for any ofthe purposes ofthis rule, whetheritis amajor stationary source, unless the source belongs to 1 ofthe categories ofstationary sources listed is paragraph (i) ofthis subdivision. (dd) "Necessary preconstruction approvals or permits" means a permit issued under R 336.1201(l)(a) that is required by R 336.2801 to R 336.2819, R 336.2823, and R 336.2830 orR 336.1220. (ee) "Net emissions increase" means all ofthe following: (i) For any regulated new source review pollutant emitted by a major stationary source, the amount by whichthe sum ofthe following exceeds zero: (A) The increase inemissions from aparticularphysical change or change inthe method ofoperation at a stationary source as calculatedunderR 336.2802(4). (B) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph shall be determined as provided in the definition of baseline actual emissions, exceptthat paragraphs (b)(i)(C) and (b)(ii)(D) ofthis rule shall not apply. (ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particularchange only ifit occurs betweenthe following:R 336.2801 18-10 Effective September 11, 2008



### (A) The date 5 years before construction on the particularchange commences. (B) The datethatthe increase from theparticularchange occurs. (iii) An increase ordecrease in actual emissions is creditable only ifthe department has not relied on it in issuing a permit under R 336.1201(l)(a) or R 336.1214a, which permit is in effect when the increase in actual emissions from the particular change
occurs. (iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides ofnitrogen that occurs before the applicable minor source baseline date is creditable only ifit is required in calculating the amount ofmaximum allowable increases remaining available. (v) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (vi) A decrease in actual emissions is creditable only to the extent that it meets all ofthe following criteria: (A) The old level ofactual emissions or the old level ofallowable emissions, whicheveris lower, exceeds the new level ofactual emissions. (B) It 

### is enforceable as a practical matter at and after the time that actual construction ontheparticularchange begins. (C) It 

### has approximately the same qualitative significance for public health and welfare as thatattributed to the increase from theparticularchange. (vii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit
aparticularpollutant. A replacement unit that requires shakedown becomes operational only afterareasonable shakedownperiod, notto exceed 180 days. (viii) The definition of actual emissions in R 336.1101(b) shall not apply for determining creditable increases and decreases after achange, instead the definitions of theterms "projected actual emissions" and "baselineemissions" shall be used. (ft) [Reserved] (gg) "Pollution prevention" means any activity that through process changes, product reformulation or redesign, or substitution ofless polluting raw materials, eliminates or reduces the release ofair pollutants, including fugitive emissions, and other pollutants to the environment before recycling, treatment, or disposal. Pollution prevention does not
mean recycling, other than certain "in-process recycling" practices, energy recovery, treatment, ordisposal. (hh) "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutantunderits physical and operational design. Aphysical oroperational limitation on the capacity ofthe source to emit apollutant, including airpollutioncontrol equipmentand restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored,
or processed, shall be treated as part ofits design ifthe limitation or the effect it would have on emissions is legally enforceable and enforceable as apractical matterby the state, local air pollution control agency, or United States environmental protection agency.

### R336.2801 18-lJ Effective September 11, 2008

Secondary emissions do not count in determining the potential to emit of a stationary

source. (ii) "Predictive emissions monitoring system" or "PEMS" means all ofthe equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen orcarbon dioxide concentrations), and calculate andrecord the mass emissions rate (forexample, pounds perhour) on acontinuous basis. (jj) "Prevention of significant deterioration" or "PSD" program means the major

sourcepreconstructionpermitprogramrequiredby40 C.F.R. §52.21, adoptedbyreference in R 336.2801a, or R 336.2801 to R 336.2819, R 336.2823 and R 336.2830. A permit issuedunderthis programis amajorNSRpermit. (kk) "Project" means a physical change in, or change in method ofoperation of, an existing major stationary source. (11) "Projected actual emissions" means all ofthe following: (i) The maximum annual rate, in tons peryear, at which an existing emissions unit is projectedto emit aregulated new source review pollutant in any 1 ofthe 5 years (12- month period) following the datethe unitresumes regular operation afterthe project, or in any 1 ofthe 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated new source review pollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significantnetemissions increase atthe major stationary source. (ii) In determining the projected actual emissions, before beginning actual construction, the owner or operator ofthe major stationary source shall do all ofthe following: (A) Consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans underthe state implementationplan. (B) Include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions. (C) Exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth. (iii) The owner or operator of a major stationary source may use the emissions unit's potential to emit, in tons per year, instead of calculating projected actual emISSIOns. (mm) "Reactivation ofa very clean coal-fired electric utility steam generating unit"

means any physical change or change in the method of operation associated with theR 336.2801 

### 18-12 Effective September 

### 11, 2008



### commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation wherethe unitmeets all ofthe following criteria: (i) The unit was not in operation for the 2-year period before the enactment ofthe clean air act amendments of 1990, and the emissions from the unit continue to be carriedinthe department's emissions inventory atthetime ofenactment. (ii) The unit was equipped before shutdown with a continuous system ofemissions control that achieves aremoval efficiency for sulfur dioxide ofnot less than 85% and a removal efficiency forparticulates ofnotless than 98%. (iii) The unit was equipped with low-oxides ofnitrogen burners before the time of commencementofoperations following reactivation. (iv) The unit otherwise complies withthe requirements ofthe clean air act. (nn) "Regulated new source review pollutant," for purposes ofthis rule, means all of the following: (i) A pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for the pollutants identified by the United States environmental protection agency. For example, volatile organic compounds areprecursors for ozone. (ii) Apollutant thatis subjectto any standard promulgatedunder section 111 ofthe clean air act. (iii) A class IorII substance subjectto a standardpromulgated underorestablished bytitle VI ofthe clean airact. (iv) A pollutant that otherwise is subject to regulation under the clean air act; exceptthat any orall hazardous airpollutants eitherlisted in section 112 ofthe clean air act or added to the list under section 112(b)(2) ofthe clean air act, which have not been delisted under section 112(b)(3) of the clean air act, are not regulated new source review pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under section 108 ofthe clean air act. (00) 

### "Repowering" means all ofthe following: (i) 

### Replacement ofan existing coal-fired boiler with 1 ofthe following clean coal technologies: (A) Atmospheric orpressurized fluidized bedcombustion. (B) Integrated gasification combinedcycle. (C) Magneto hydrodynamics. (D) Direct and indirectcoal-firedturbines. (E) Integrated gasificationfuel cells. (F) A derivative of 1 or more ofthese technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial useR336.2801 18-13 Effective September 11, 2008

as of November 15, 1990, as determined by the United States environmental protection agency, in consultationwiththe Secretary ofEnergy. (ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the United States DepartmentofEnergy. (iii) The department shall give expedited consideration to permit applications for any source that satisfies the definition ofrepowering and is granted an extension under section 409 ofthe clean air act. (pp) "Secondary emissions" means emissions which occur as a result of the construction or operation ofa major stationary source or major modification, but do not
come from the major stationary source or major modification itself. For this rule, secondary emissions shall be specific, well defined, quantifiable, and impact the same general areas the stationary source modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe construction or operation ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofamotorvehicle, from atrain, orfrom a vessel. (qq) "Significant" means: (i) In reference to a net emissions increase or the potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following pollutantemissionrates: (A) Carbon monoxide: 100tons peryear. (B) Oxides ofnitrogen: 40tons peryear. (C) Sulfurdioxide: 40 tons peryear. (D) Particulate matter: 25 tons per year ofparticulate matter emissions; 15 tons peryear ofPM-10 emissions. (E) Ozone: 40 tons peryear ofvolatile organic compounds. (F) Lead: 0.6 tons peryear. (0) Fluorides: 3 tons peryear. (H) Sulfuric acidmist: 7tons peryear. (I) Hydrogen sulfide: 10 tons peryear. (J) Total reduced sulfur, includinghydrogen sulfide: 10 tons peryear. (K) Reduced sulfurcompounds, includinghydrogen sulfide: 10tons peryear. (10) Municipal waste combustor organics, measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans: 3.2 x 10-6 megagrams per year or 3.5 x 10-6 tons peryear. (M) Municipal waste combustor metals, measured as particulate matter: 14 megagrams peryearor 15 tons peryear. (N) Municipal waste combustor acid gases, measured as sulfur dioxide and hydrogen chloride: 36 megagrarns peryear or40 tons peryear. (0) Municipal solid waste landfill emissions, measured as nonmethane organic compounds: 45 megagrams peryearor 50 tons peryear.R 336.2801 18-14 Effective September 11, 2008

(ii) In reference to a net emissions increase or the potential ofa source to emit a regulatednew source reviewpollutantnotlistedinthis definition, any emissions rate. (iii) Any emissions rate or any net emissions increase associated with a major stationary source ormajormodification, which would constructwithin 10 kilometers of

aclass I area, and have an impacton such area equal to or greaterthan 1 microgramper cubic meter (24-hour average). (rr) "Significant emissions increase" means, for a regulated new source review pollutant, an increase in emissions thatis significantforthatpollutant. (ss) "Stationary source" means any building, structure, facility, or installation which emits ormay emit aregulatednew source review pollutant. (tt) "Temporary clean coal technology demonstration project" means a clean coal technology demonstration projectthatis operated for aperiod of5 years or less, and which complies with the state implementation plan and other requirements necessary to attain and maintain the national ambient air quality standards during and after the project is terminated.**:--H;si;;Y:--2006-MR-2J:-Eii'6iJ~-4~-2006,:-200-8-MR-8,-Eff.-SiJpt~-mb~;-T1~-20-08:-----------------·------------- -------------** 

R336.2801a Adoption by reference.
Rule 1801a. For the purpose of clarifying the definitions in these rules, the following documents are adopted by reference inthese rules: (a) Copies ofthe folllowing documents are available for inspection and purchase atthe Air Quality Division, Department ofEnvironmental Quality, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as ofthe time ofadoption of these rules: (i) Title 40 C.F.R., part 51, appendix S, section IV, "Sources That Would Locate in

aDesignatedNonattainmentArea," (2005), $55.00. (ii) Title 40 C.F.R., §52.21, "Prevention of Significant Deterioration of Air Quality," (2005), $70.00. (iii) Title 40 C.F.R., part 58, appendix B, "Quality Assurance Requirements for PreventionofSignificant Deterioration (PSD) AirMonitoring," (2005), $41.00. (iv) Title 40 C.F.R., part 60, "Standards of performance for new stationary sources," (2005), $68.00 for 60.1-end and $67.00 for the appendices. (v) Title 40 C.F.R., part 61, "National emISSIOn standards for hazardous aIr pollutants," (2005), $55.00. (vi) Title 40 C.F.R., part 63, "National emlSSIOn standards for hazardous air pollutants for source categories," (2005), $68.00 for 63.1-63.599, $60.00 for 63.600- 63.1199, $60.00 for 63.1200-63.1439, $42.00 for 63.1440-63.6175, $42.00 for 63.6580-63.8830, and $45.00 for 63.8980-end. (b) Copies ofthe following documents may be obtained from the Superintendent of Documents, 

### Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania,R 336.2801a 18-15 Effective September 11, 2008

15250-7954, at a cost as ofthe time ofadoption ofthese rules, or on the United States governmentprinting office internetweb site athttp://www.access.gpo.gov: (i) Title 40 C.F.R., part 51, appendix S, section IV, "Sources That Would Locate in

aDesignatedNonattainmentArea," (2005), $45.00. (ii) Title 40 C.F.R., §52.21, "Prevention of Significant Deterioration of Air Quality," (2005), $60.00. (iii) Title 40 C.F.R., part 58, appendix B, "Quality Assurance Requirements for Prevention ofSignificantDeterioration (PSD) Air Monitoring," (2005), $31.00. (iv) Title 40 C.F.R., part 60, "Standards of performance for new stationary sources," (2005), $58.00 for 60.1-end and $57.00 forthe appendices. (v) Title 40 C.F.R., part 61, "National emISSIOn standards for hazardous au pollutants," (2005), $45.00. (vi) Title 40 C.F.R., part 63, "National emISSIOn standards for hazardous air pollutants for source categories," (2005), $58.00 for 63.1-63.599, $50.00 for 63.600- 63.1199, $50.00 for 63.1200-63.1439, $32.00 for 63.1440-63.6175, $32.00 for 63.6580-63.8830, and $35.00 for 63.8980-end.**:-Hi;i~;Y:--2006-MR-23,-Eii-De~~mbe~4:-iOo6:----------- -------------------------------------------------------------------------------------!** 

R336.2802 Applicability.
Rule 1802. (1) This part applies to the construction ofa new major stationary source or a project at an existing major stationary source in an area designated as attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) ofthe clean air act. (2) The requirements ofR 336.2810 to R 336.2818 apply to the construction ofany new major stationary source or the major modification ofany existing major stationary source, except as this rule otherwise provides. (3) No new major stationary source or major modification to which R 336.2810 to R 336.2818(2) apply shall begin actual construction without a permit to install issued under R 336.l201(1)(a) that states that the major stationary source or major modification will meet those requirements. (4) This part applies to the construction ofnew major sources and major modifications to existing major sources in the following manner: (a) Except as otherwise provided in subrule (5) ofthis rule, and consistent with the definition ofmajor modification, a project is a major modification for a regulated new
source reviewpollutant ifit causes both ofthe following types ofemissions increases: (i) A significantemissions increase. (ii) A significantnetemissions increase.
The project is not a major modification if it does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significantnet emissions increase.R336.2817 18-27 Effective September 11, 2008

major source or major modification, and of the opportunity for comment at a public hearing as well as writtenpublic comment. (d) Send a copy ofthe notice ofpublic comment to the applicant, to the United States environmental protection agency, and to officials and agencies having cognizance overthe location where the proposed construction would occur. The notice shall also be sentto any other state or local air pollution control agencies; the chief executives ofthe city and county where the major source would be located; any comprehensive regional land use planning agency; and any state, federal land manager, or Indian governing body whose lands maybe affected by emissions from the major source ormajormodification. (e) Provide opportunity for apublic hearing for interestedpersons to appear and submit written or oral comments on the air quality impact ofthe major source, alternatives to it, the control technologyrequired, and other appropriate considerations. (f) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing in making a final decision on the approvability ofthe application. The department shall make all comments available for public inspection in the same locations where the department made available preconstructioninformationrelating to the proposed major source ormajormodification. (g) Make a final determination whether construction should be approved, approved with conditions, ordisapproved. (h) Notify the applicant in writing ofthe final determination and make the notification available for public inspection at the same location where the department made available preconstruction information andpublic comments relating to the major source.**:--Hjsio;Y~--2oo6-jiR--23,-Eir--D;;cei7;b~~4:-2006:------- -----------------------------------------------------------------------------------------'.** 

R336.2818 Source obligation. Rule 1818. (1) Approval to construct shall not relieve an owner or operator of the responsibility to comply fully with applicable provisions ofthe state implementation plan and any otherrequirements underlocal, state, orfederal law. (2) Ifa particular major source or major modification becomes a major stationary source
or major modification solely by virtue ofa relaxation in any enforceable limitation which

was established after August 7, 1980, on the capacity of the major source or major modification otherwise to emit a pollutant, such as a restriction on hours ofoperation, then the requirements of R 336.2810 to R 336.2819 shall apply to the major source or major modification as though construction had not yet commenced on the major source or major modification. (3) All ofthe following provisions apply to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationary source, other than projects at a major source with a plantwide applicability limit, where there is a reasonable possibility, as defined in R 336.2818(3)(f), that a project that is nota part of a major modification may result 

### in a significant emissions increase ofsuch pollutant, and the owner
or operator elects to use the method specified in R 336.2801(1l)(ii)(A) to (C) for calculating projected actual emissions:R336.2818 18-28 EffectiveSeptember 11, 2008

(a) Before beginning actual construction ofthe project, the owner or operator shall document and maintain arecord ofall ofthe following information: (i) A description ofthe project. (ii) Identification ofthe emissions unit orunits whose emissions ofaregulated new major source reviewpollutantmaybe affected by the project. (iii) A description ofthe applicability testused to determine thatthe projectis not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under R 336.2801(ll)(ii)(C) and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (b) Ifthe emissions unit is an existing electric utility steam generating unit, then before beginning actual construction, the owner or operator shall provide a copy of the informationrequired by subdivision (a) ofthis subrule to the department. This subdivision does not require the owner or operator ofthe unit to obtain any determination from the departmentbefore beginning actual construction. (c) The owner or operator shall monitor the emissions of a regulated new source review pollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in subdivision (a)(ii) ofthis subrule; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendaryear basis, for aperiod of5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations after the change ifthe project increases the design capacity or potential to emit of that regulated new major source review pollutant atthe emissions unit. (d) Ifthe unit is an existing electric utility steam generating unit, then the owner or operator shall submit areport to the department within 60 days after the end ofeach year during which records are generated under subdivision (c) ofthis subrule setting out the unit's annual emissions during the calendaryearbefore submission ofthe report. (e) Ifthe unit is an existing unit other than an electric utility steam generating unit, then the owner or operator shall submit a reportto the department ifthe annual emissions, in tons per year, from the project exceed the baseline actual emissions by a significant amount for that regulated new source review pollutant, and ifsuch emissions differ from the preconstruction projection. The owner or operator shall submit the report to the department within 60 days after the end ofsuch year. The report shall contain all ofthe following: (i) The name, address, andtelephone numberofthe major stationary source. (ii) The annual emissions as calculatedunder subdivision (c) ofthis subrule. (iii) Any other information that the owner or operator wishes to include in the report; for example, an explanation as to why the emissions differ from the preconstructionprojection. (f) Areasonable possibility occurs when the owneror operator calculates the projectto resultin either ofthe following:R336.2818 18-29 Effective September 11, 2008

(i) A projected actual emissions increase ofat least 50% ofthe amount that is a significant emissions increase, as defined in R 336.2801 (rr), without reference to the amount that is a significant net emissions increase for the regulated new source review pollutant. (ii) A projected actual emissions increase that, added to the amount ofemissions excluded under R 336.2801 (ll)(ii)(C), sums to at least 50% ofthe amount that is a significant emissions increase, as defined in R 336.2801(rr), without reference to the amount that is a significant net emissions increase for the regulated new source review pollutant. For a project for which a reasonable possibility occurs only within the meaning of R 336.2818(3)(f)(ii), and not also within the meaning of R336.2818(3)(f)(i), then the provisions ofR336.2818(3)(b) to (e) do not apply to the project. (4) The owner or operator ofthe major source shall make the information required to be documented and maintained under this rule available for review upon request for inspection bythe department orthe general public underMCL 324.5516(2). 

### ! History: 2006 MR23, Eft. December4, 2006; 2008 MR 8, Eft. September 11, 2008.

R336.2819 Innovative control technology. Rule 1819. (1) An owner or operator ofa proposed major stationary source or major modification may request the department to approve a system of innovative control technology. (2) The department may, with notice to and advice from each affected state, determine that the major source or major modification may employ a system of innovative control technology, ifall ofthe following occurs: (a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation orfunction. (b) The owner or operator agrees to achieve a level ofcontinuous emissions reduction equivalent to that which would have been required by R 336.2810(2), by a date specIfied by the department. The date shall not be later than 4 years from the time ofstartup or 7 years from permitissuance. (c) The major source or major modification would meetthe requirements equivalent to those in R 336.2810 and R 336.2811, based on the emissions rate that the major stationary

source employing the system ofinnovative control technology would be required to meet
onthe date specifiedbythe department. (d) The major source ormajormodification would not do either ofthe following before the date specifiedbythe department: (i) Cause orcontribute to any violation ofan applicable national ambient air quality standard. (ii) Impact any areawhere an applicable increment is known to be violated. (e) All otherapplicable requirements including those forpublic participation have been met.