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

Dear Administrator Hedman:

RECEIVED

JUL 26 2010 u.~ St."

OfFICE OF REGIONAL ..\).;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 of the

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) of Air 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 letter dated September 30,2008, copy enclosed, the DNRE requested that these

revisions be approved into our PSD SIP, but the March 25, 2010, Federal Register

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 of the

requirements of the 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 of the SIP."

Therefore, we again respectfully request that these revisions be reviewed and approved

into Michigan's SIP.

The revision to Rule 1801 (ee), "net emissions increase," is the result of comments

received during the public comment period on the same term under the 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 of the Code of

Federal Regulations, Sections 52.21 and 51.166, Prevention of Significant Deterioration

of Air Quality.

The revision to Rule 1818(3) and (3)(f) was suggested by both the EPA and

stakeholders to implement the 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. If you 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

September 30, 2008

Ms. Lynn Buhl, Regional Administrator

U.S. Environmental Protection Agency

Region 5

77 West Jackson Boulevard (R-19J)

Chicago, Illinois 60604-3507

Dear Administrator Buhl:

STEVEN E. CHESTER

DIRECTOR

We are submitting the enclosed revision to Michigan's State Implementation Plan (SIP)

and request your approval of the revised SIP. The submittal consists of revisions to three

rules in Part 18, Prevention of Significant Deterioration (PSD) of Air Quality, 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 necessary to obtain a full and final

approval of our Part 18 PSD rules promulgated as a SIP.

The revisions consist of modifications to Rules 1801 (r)(ii), 1801 (hh), and 1816 of the

Part 18 rules at the request of the 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 consistent with 40 CFR 51.166(b)(32). The requested

revision to Rule 1801 (hh) further clarifies the intent of the 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 by the 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 under the

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. If you 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 West Allegan 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 number of copies 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

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

Effective September 11, 2008

PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

R 336.2801 Definitions.

Rule 1801. The following definitions apply to terms used in this part. If a term 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 of emissions of a 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 a plantwide applicability limit under 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, of a

regulated new source review pollutant, as determined by the following:

(i) For any existing electric utility steam generating unit, baseline actual emissions

means the average rate, in tons per year, at which the unit actually emitted the pollutant

during any consecutive 24-month period selected by the owner or operator within the 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 of normal 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

limitation that was legally enforceable during the consecutive 24-month period.

(C) For a regulated new source review pollutant, if a 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-month period for

which there is inadequate information for determining annual emissions, in tons per
R 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 of the 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 earlier than November 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

limitation that was legally enforceable during the consecutive 24-month period.

(C) The average rate shall be adjusted downward to exclude emissions that

would have exceeded an emission limitation with which 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 of a maximum achievable control technology standard

that the United States environmental protection agency proposed or promulgated

under 40 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, if a 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.

(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 if required 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 of such unit shall equal zero; and thereafter, for all other purposes, 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) of this subdivision, for other existing emissions units under paragraph (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 of the following:

(i) Any intrastate area, and every part thereof, designated as attainment or

unclassifiable under section l07(d)(1) (D) or (E) of the clean air act in which the major

source or major modification establishing the minor source baseline date would

construct or would have an air quality impact equal to or greater than 1 microgram per

cubic meter (annual average) of the pollutant for which the minor source baseline date

is established.

(ii) Area redesignations under section 107(d)(1 ) (D) or (E) ofthe clean air act shall

not intersect or be smaller than the area of impact of any major stationary source or

major modification which does either ofthe following:

(A) Establishes a minor 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 of available PM-l 0 increments, except that the baseline area shall not remain in

effect if the department rescinds the corresponding minor source baseline date under

subdivision (bb)(iv) ofthis rule.

(d) "Baseline concentration" means the value derived using the following procedures:

(i) The ambient concentration level that exists in the baseline area at the time ofthe

applicable minor source baseline date. A baseline concentration is determined for each

pollutant for 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 operation by the

applicable minor source baseline date.

(ii) The following shall not be included in the baseline concentration and shall

affect the applicable maximum allowable increase:

(A) Actual emissions from any major stationary source on which construction

commenced after the major source baseline date.

(B) Actual emissions increases and decreases at any stationary source occurring

after the 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 of building supports and foundations,

laying of underground pipework, and construction of permanent storage structures. "A

change in method of operation" refers to those on-site activities, other than preparatory

activities, which mark the initiation ofthe change.

(f) "Best available control technology" or "BACT" means an emissions limitation,

including a visible emissions standard, based on the maximum degree of reduction for
R 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 or modification through application of production

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 of measurement

methodology to a particular emissions unit would make the imposition of an 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 of the design,

equipment, work practice or operation, and shall provide for compliance by means which

achieve equivalent results.

(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 adj acent properties, and are under the control of the same person, or persons

under common control, except the activities of any 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

classification codes 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 of sulfur dioxide or oxides of

nitrogen associated with the utilization of coal in the generation of electricity, or process

steam which was not in widespread use as of November 15, 1990.

(i) "Clean coal technology demonstration project" means a project using funds

appropriated under the heading "Department of Energy -- Clean Coal Technology," up to a

total amount of $2,500,000,000 for commercial demonstration of clean 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 demonstration project.

(j) [Reserved]

(k) "Commence," as applied to construction of a major stationary source or major

modification, means that the owner or operator has all necessary preconstruction approvals

or permits and has done either ofthe following:

(i) Begun, or caused to begin, a continuous program of actual on-site construction

ofthe source, to be completed within a reasonable time.
R 336.2801 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 of actual construction of the source to be completed within a reasonable 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 of permit processing does not preclude the department

from requesting or accepting additional information.

(m) "Construction" means any physical change or change in the method of operation,

including fabrication, erection, installation, demolition, or modification of an emissions

unit, that would result in a change 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 of these

rules, to sample, condition if applicable, analyze, and provide a record of emissions on a

continuous basis.

(0) "Continuous emissions rate monitoring system" or "CERMS" means the total

equipment required for the determination and recording of the pollutant mass emissions

rate in terms of mass per unit oftime.

(p) "Continuous parameter monitoring 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

parameter value or values on a continuous basis.

(q) "Electric utility steam generating unit" means any steam electric generating unit

that is constructed for supplying more than 1/3 of its 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 of the affected facility.

(r) "Emissions unit" means any part of a stationary source that emits or would have the

potential to emit any regulated new source review pollutant and includes an electric utility

steam generating unit. Both ofthe following are types of emissions units:

(i) A new emissions unit is any emissions unit that is, or will be, newly constructed

and that has existed for less than 2 years from the date the emissions unit first operated.

(ii) An existing emissions unit is any emissions unit that does not meet the

definition of a new emissions unit. A replacement unit is 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 a reconstructed unit if the replacement of components

of an existing facility is to such an extent that the fixed capital cost of the new

components exceeds 50% of the fixed capital cost that would be required to
R 336.2801 18-6 Effective September 11, 2008

construct a comparable entirely new facility or the emissions unit completely takes

the place of an 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 of the 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 stack of a 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, or malfunction permitted under

such a standard, or a flare that serves to control emissions of waste streams comprised

predominately of hydrocarbons and containing not more than 230 milligrams per dry

standard cubic meter hydrogen sulfide.

(v) "Indian reservation" means any federally recognized reservation established by

treaty, agreement, executive order, or act of congress.

(w) "Indian governing body" means the governing body of any tribe, band, or group of

Indians subject to the jurisdiction ofthe United States and recognized by the United States

as possessing power ofself-government.

(x) "Innovative control technology" means any system of air 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 of achieving at least comparable reductions at lower cost in terms of energy,

economics, or non-air quality environmental impacts.

(y) "Low terrain" means any area other than high terrain.

(z) "Lowest achievable emission rate" or "LAER", for any source, means the more

stringent rate of emissions based on R 336.1112(f).

(aa) "Major modification" means any ofthe following:

(i) Physical change in or change in the method of operation of a major stationary

source that would result in both ofthe following:

(A) A significant emissions increase of a regulated 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 significant for ozone.

(iii) Physical change or change in the method of operation shall not include any of

the following:

(A) Routine maintenance, repair, and replacement.

(B) Use of an alternative fuel or raw material by reason of any order under

section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of

1974 or by reason of a natural gas curtailment plan under the Federal Power Act.

(C) Use of an alternative fuel by reason of an order or rule under section 125 of

the clean air act.

(D) Use of an alternative fuel at a steam generating unit to the extent that the

fuel is generated from municipal solid waste.

(E) Use of an alternative fuel or raw material by a stationary source which meets

either ofthe following:

(1) The source was capable of accommodating before January 6, 1975,

unless such change would be prohibited under any federally enforceable permit

condition which was established after January 6, 1975, under PSD regulations

or R 336.1201 (1)(a).

(2) The source is approved to use under any permit issued under PSD

regulations or under R 336.1201 (1)(a).

(F) An increase in the hours of operation or in the production rate, unless the

change would be prohibited under any federally enforceable permit condition which

was established after January 6, 1975, under PSD regulations or R 336.1201(l)(a).

(G) Any change in ownership at a stationary source.

(H) [Reserved]

(1) The installation, operation, cessation, or removal of a temporary clean coal

technology demonstration project, provided that the project complies with both of

the following:

(1) The state implementation plan.

(2) Other requirements necessary to attain and maintain the national ambient

air quality standards during the project and after the project is 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 of any regulated pollutant emitted

by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(K) The reactivation of a very clean coal-fired electric utility steam generating

unit.

(iv) This definition shall not apply with respect to a particular regulated new source

review pollutant when the major stationary source is complying with the requirements

for an actuals PAL for that pollutant. Instead, the definition of PAL major modification

in R 336.2823 shall apply.

(bb) All of the 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 particulate matter and sulfur dioxide.

(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, for particulate matter and sulfur dioxide.

(B) February 8, 1988, for nitrogen dioxide.

(iii) The baseline date is established for each pollutant for which increments or

other equivalent measures have been established if both 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) of the

clean air act for the pollutant on the date of its complete application under

R 336.1201 and PSD regulations.

(B) If a 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 of the 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 significant amount of PM-10 emissions.

(cc) "Major stationary source" means any ofthe following:

(i) Any of the following stationary sources of air pollutants which emits, or has the

potential to emit, 100 tons per year or more of a regulated new source review pollutant:

(A) Fossil fuel-fired steam electric plants of more than 250 million British

thermal units per hour heat input.

(B) Coal cleaning plants with thermal dryers.

(C) Kraft pulp mills.

(D) Portland cement plants.

(E) Primary zinc smelters.

(F) Iron and steel mill plants.

(G) Primary aluminum ore reduction plants.

(H) Primary copper smelters.

(1) Municipal incinerators capable of charging more than 250 tons of refuse per

day.

(1) Hydrofluoric, sulfuric, and nitric acid plants.

(K) Petroleum refineries.

(L) Lime plants.

(M) Phosphate rock processing plants.
R 336.2801 18-9 Effective September 11, 2008

(N) Coke oven batteries.

(0) Sulfur recovery plants.

(P) Carbon black plants (furnace process).

(Q) Primary lead smelters.

(R) Fuel conversion plants.

(S) Sintering plants.

(T) Secondary metal production plants.

(U) Chemical process plants.

(V) Fossil fuel boilers, or combinations thereof, totaling more than 250 million

British thermal units per hour heat input.

(W) Petroleum storage and transfer units with a total storage capacity exceeding

300,000 barrels.

(X) Taconite ore processing plants.

(Y) Glass fiber processing plants.

(Z) Charcoal production plants.

(ii) Any stationary source not listed in the previous subdivision which emits, or has

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) of this subrule, as a major stationary source if the

change would constitute a major stationary source by itself.

(iv) A major source that is major for volatile organic compounds shall be

considered major for ozone.

(v) The fugitive emissions of a stationary source shall not be included in

determining, for any ofthe purposes of this rule, whether it is a major stationary source,

unless the source belongs to 1 of the categories of stationary 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 or R 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 which the sum ofthe following exceeds zero:

(A) The increase in emissions from a particular physical change or change in the

method of operation at a stationary source as calculated under R 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, except that paragraphs (b)(i)(C) and (b)(ii)(D) of this rule

shall not apply.

(ii) An increase or decrease in actual emissions is contemporaneous with the

increase from the particular change only if it occurs between the following:
R 336.2801 18-10 Effective September 11, 2008

(A) The date 5 years before construction on the particular change commences.

(B) The date that the increase from the particular change occurs.

(iii) An increase or decrease 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 of nitrogen that occurs before the applicable minor source baseline

date is creditable only if it is required in calculating the amount of maximum allowable

increases remaining available.

(v) An increase in actual emissions is creditable only to the extent that the new

level of actual 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 of actual emissions or the old level of allowable emissions,

whichever is lower, exceeds the new level of actual emissions.

(B) It is enforceable as a practical matter at and after the time that actual

construction on the particular change begins.

(C) It has approximately the same qualitative significance for public health and

welfare as that attributed to the increase from the particular change.

(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

a particular pollutant. A replacement unit that requires shakedown becomes operational

only after a reasonable shakedown period, not to exceed 180 days.

(viii) The definition of actual emissions in R 336.1101 (b) shall not apply for

determining creditable increases and decreases after a change, instead the definitions of

the terms "projected actual emissions" and "baseline emissions" shall be used.

(ft) [Reserved]

(gg) "Pollution prevention" means any activity that through process changes, product

reformulation or redesign, or substitution of less polluting raw materials, eliminates or

reduces the release of air 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, or disposal.

(hh) "Potential to emit" means the maximum capacity of a stationary source to emit a

pollutant under its physical and operational design. A physical or operational limitation on

the capacity ofthe source to emit a pollutant, including air pollution control equipment and

restrictions on hours of operation or on the type or amount of material combusted, stored,

or processed, shall be treated as part of its design if the limitation or the effect it would

have on emissions is legally enforceable and enforceable as a practical matter by the state,

local air pollution control agency, or United States environmental protection agency.
R 336.2801 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 of the 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 or carbon dioxide concentrations), and calculate and record

the mass emissions rate (for example, pounds per hour) on a continuous basis.

(jj) "Prevention of significant deterioration" or "PSD" program means the major

source preconstruction permit program required by 40 C.F.R. §52.21, adopted by reference

in R 336.2801a, or R 336.2801 to R 336.2819, R 336.2823 and R 336.2830. A permit

issued under this program is a major NSR permit.

(kk) "Project" means a physical change in, or change in method of operation of, an

existing major stationary source.

(11) "Projected actual emissions" means all of the following:

(i) The maximum annual rate, in tons per year, at which an existing emissions unit

is projected to emit a regulated new source review pollutant in any 1 of the 5 years (12-

month period) following the date the unit resumes regular operation after the project, or

in any 1 of the 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 of the unit would result in a significant emissions

increase, or a significant net emissions increase at the major stationary source.

(ii) In determining the projected actual emissions, before beginning actual

construction, the owner or operator of the major stationary source shall do all of the

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 under the state implementation plan.

(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 of the 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 of a very clean coal-fired electric utility steam generating unit"

means any physical change or change in the method of operation associated with the
R 336.2801 18-12 Effective September 11, 2008

commencement of commercial operations by a coal-fired utility unit after a period of

discontinued operation where the unit meets all ofthe following criteria:

(i) The unit was not in operation for the 2-year period before the enactment of the

clean air act amendments of 1990, and the emissions from the unit continue to be

carried in the department's emissions inventory at the time of enactment.

(ii) The unit was equipped before shutdown with a continuous system of emissions

control that achieves a removal efficiency for sulfur dioxide of not less than 85% and a

removal efficiency for particulates of not less than 98%.

(iii) The unit was equipped with low-oxides of nitrogen burners before the time of

commencement of operations following reactivation.

(iv) The unit otherwise complies with the requirements ofthe clean air act.

(nn) "Regulated new source review pollutant," for purposes of this 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 are precursors for ozone.

(ii) A pollutant that is subject to any standard promulgated under section 111 of the

clean air act.

(iii) A class I or II substance subject to a standard promulgated under or established

by title VI ofthe clean air act.

(iv) A pollutant that otherwise is subject to regulation under the clean air act;

except that any or all hazardous air pollutants either listed in section 112 ofthe clean air

act or added to the list under section 112(b)(2) of the 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 of a general pollutant listed under section 108 of the clean air

act.

(00) "Repowering" means all ofthe following:

(i) Replacement of an existing coal-fired boiler with 1 of the following clean coal

technologies:

(A) Atmospheric or pressurized fluidized bed combustion.

(B) Integrated gasification combined cycle.

(C) Magneto hydrodynamics.

(D) Direct and indirect coal-fired turbines.

(E) Integrated gasification fuel cells.

(F) A derivative of 1 or more of these 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 of technology in widespread commercial use
R 336.2801 18-13 Effective September 11, 2008

as of November 15, 1990, as determined by the United States environmental

protection agency, in consultation with the Secretary of Energy.

(ii) Repowering shall also include any oil and/or gas-fired unit which has been

awarded clean coal technology demonstration funding as of January 1, 1991, by the

United States Department of Energy.

(iii) The department shall give expedited consideration to permit applications for

any source that satisfies the definition of repowering 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 of a 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 of the construction or operation

of the 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 of a motor vehicle, from a train, or from a vessel.

(qq) "Significant" means:

(i) In reference to a net emissions increase or the potential of a source to emit any

of the following pollutants, a rate of emissions that would equal or exceed any of the

following pollutant emission rates:

(A) Carbon monoxide: 100 tons per year.

(B) Oxides of nitrogen: 40 tons per year.

(C) Sulfur dioxide: 40 tons per year.

(D) Particulate matter: 25 tons per year of particulate matter emissions; 15 tons

per year ofPM-10 emissions.

(E) Ozone: 40 tons per year of volatile organic compounds.

(F) Lead: 0.6 tons per year.

(0) Fluorides: 3 tons per year.

(H) Sulfuric acid mist: 7 tons per year.

(I) Hydrogen sulfide: 10 tons per year.

(J) Total reduced sulfur, including hydrogen sulfide: 10 tons per year.

(K) Reduced sulfur compounds, including hydrogen sulfide: 10 tons per year.

(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 per year.

(M) Municipal waste combustor metals, measured as particulate matter: 14

megagrams per year or 15 tons per year.

(N) Municipal waste combustor acid gases, measured as sulfur dioxide and

hydrogen chloride: 36 megagrarns per year or 40 tons per year.

(0) Municipal solid waste landfill emissions, measured as nonmethane organic

compounds: 45 megagrams per year or 50 tons per year.
R 336.2801 18-14 Effective September 11, 2008

(ii) In reference to a net emissions increase or the potential of a source to emit a

regulated new source review pollutant not listed in this definition, any emissions rate.

(iii) Any emissions rate or any net emissions increase associated with a major

stationary source or major modification, which would construct within 10 kilometers of

a class I area, and have an impact on such area equal to or greater than 1 microgram per

cubic meter (24-hour average).

(rr) "Significant emissions increase" means, for a regulated new source review

pollutant, an increase in emissions that is significant for that pollutant.

(ss) "Stationary source" means any building, structure, facility, or installation which

emits or may emit a regulated new source review pollutant.

(tt) "Temporary clean coal technology demonstration project" means a clean coal

technology demonstration project that is operated for a period of 5 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:-----------------·--------------------------

R 336.2801a Adoption by reference.

Rule 1801a. For the purpose of clarifying the definitions in these rules, the following

documents are adopted by reference in these rules:

(a) Copies of the folllowing documents are available for inspection and purchase at the

Air Quality Division, Department of Environmental Quality, 525 West Allegan Street,

P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of

these rules:

(i) Title 40 C.F.R., part 51, appendix S, section IV, "Sources That Would Locate in

a Designated Nonattainment Area," (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

Prevention of Significant Deterioration (PSD) Air Monitoring," (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 of the following documents may be obtained from the Superintendent of

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

15250-7954, at a cost as of the time of adoption of these rules, or on the United States

government printing office internet web site at http://www.access.gpo.gov:

(i) Title 40 C.F.R., part 51, appendix S, section IV, "Sources That Would Locate in

a Designated Nonattainment Area," (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 of Significant Deterioration (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 for the 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:------------------------------------------------------------------------------------------------!

R 336.2802 Applicability.

Rule 1802. (1) This part applies to the construction of a 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 of R 336.2810 to R 336.2818 apply to the construction of any new

major stationary source or the major modification of any 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 of new major sources and major modifications to

existing major sources in the following manner:

(a) Except as otherwise provided in subrule (5) of this rule, and consistent with the

definition of major modification, a project is a major modification for a regulated new

source review pollutant if it causes both ofthe following types of emissions increases:

(i) A significant emissions increase.

(ii) A significant net emissions increase.

The project is not a major modification if it does not cause a significant emissions

increase. If the project causes a significant emissions increase, then the project is a major

modification only if it also results in a significant net emissions increase.
R 336.2817 18-27 Effective September 11, 2008

major source or major modification, and of the opportunity for comment at a public

hearing as well as written public comment.

(d) Send a copy of the notice of public comment to the applicant, to the United States

environmental protection agency, and to officials and agencies having cognizance over the

location where the proposed construction would occur. The notice shall also be sent to any

other state or local air pollution control agencies; the chief executives of the 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 may be affected by emissions from the major source or major modification.

(e) Provide opportunity for a public hearing for interested persons to appear and submit

written or oral comments on the air quality impact of the major source, alternatives to it,

the control technology required, 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 of the application. The department shall make all comments

available for public inspection in the same locations where the department made available

preconstruction information relating to the proposed major source or major modification.

(g) Make a final determination whether construction should be approved, approved

with conditions, or disapproved.

(h) Notify the applicant in writing of the final determination and make the notification

available for public inspection at the same location where the department made available

preconstruction information and public comments relating to the major source.

:--Hjsio;Y~--2oo6-jiR--23,-Eir--D;;cei7;b~~4:-2006:------------------------------------------------------------------------------------------------'.

R 336.2818 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 other requirements under local, state, or federal law.

(2) If a particular major source or major modification becomes a major stationary source

or major modification solely by virtue of a 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 of operation, 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 of the 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 of such 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:
R 336.2818 18-28 Effective September 11, 2008

(a) Before beginning actual construction of the project, the owner or operator shall

document and maintain a record of all ofthe following information:

(i) A description ofthe project.

(ii) Identification ofthe emissions unit or units whose emissions of a regulated new

major source review pollutant may be affected by the project.

(iii) A description ofthe applicability test used to determine that the project is 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, if applicable.

(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

information required by subdivision (a) ofthis subrule to the department. This subdivision

does not require the owner or operator of the unit to obtain any determination from the

department before 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 of the project and that is emitted by any

emissions unit identified in subdivision (a)(ii) of this subrule; and calculate and maintain a

record of the annual emissions, in tons per year on a calendar year basis, for a period of 5

years following resumption of regular operations after the change, or for a period of 10

years following resumption of regular operations after the change if the project increases

the design capacity or potential to emit of that regulated new major source review

pollutant at the emissions unit.

(d) If the unit is an existing electric utility steam generating unit, then the owner or

operator shall submit a report to the department within 60 days after the end of each year

during which records are generated under subdivision (c) of this subrule setting out the

unit's annual emissions during the calendar year before submission ofthe report.

(e) If the unit is an existing unit other than an electric utility steam generating unit,

then the owner or operator shall submit a report to the department if the 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 if such emissions differ from

the preconstruction projection. The owner or operator shall submit the report to the

department within 60 days after the end of such year. The report shall contain all of the

following:

(i) The name, address, and telephone number ofthe major stationary source.

(ii) The annual emissions as calculated under 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

preconstruction projection.

(f) A reasonable possibility occurs when the owner or operator calculates the project to

result in either of the following:
R 336.2818 18-29 Effective September 11, 2008

(i) A projected actual emissions increase of at least 50% of the 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 of emissions

excluded under R 336.2801 (ll)(ii)(C), sums to at least 50% of the 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 of the maj or source shall make the information required to be

documented and maintained under this rule available for review upon request for inspection

by the department or the general public under MCL 324.5516(2).

! History: 2006 MR 23, Eft. December 4, 2006; 2008 MR 8, Eft. September 11, 2008.

R 336.2819 Innovative control technology.

Rule 1819. (1) An owner or operator of a proposed maj or stationary source or maj or

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, if all 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 or function.

(b) The owner or operator agrees to achieve a level of continuous 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 of startup or 7

years from permit issuance.

(c) The major source or major modification would meet the 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 of innovative control technology would be required to meet

on the date specified by the department.

(d) The major source or major modification would not do either ofthe following before

the date specified by the department:

(i) Cause or contribute to any violation of an applicable national ambient air quality

standard.

(ii) Impact any area where an applicable increment is known to be violated.

(e) All other applicable requirements including those for public participation have been

met.