DEu 

STEVEN E. CHESTER 

DIRECTOR 

REVISION TO 

STATE OF MICHIGAN 

STATE IMPLEMENTATION PLAN 

for 

Part 1. General Provisions. 

R 336.1102, R 336.1103, R 336.1104, R 336.1105, 

R 336.1109, R 336.1112, R 336.1113, R 336.1114, and 

R 336.1122 of the 

Michigan Administrative Code are amended 

March 23, 2009 

Prepared by: 

Michigan Department of Environmental Quality 

Air Quality Division 

P. 0. Box 30260 

Lansing, Ml 48909 

INTERNET: http:IM!ww.michigan.govldeqair 

JENNIFER M. GRANHOLM 

GOVERNOR 
TABLE OF CONTENTS 

Item Page 

COMPLETENESS REVIEW 

COMPLETENESS REVIEW CHECKLIST ................................................. 1 

ATTACHMENTS 

ATTACHMENT A Final form of adopted rule(s), Part 1, effective March 28, 2008. 

ATTACHMENT B Certificate of Adoption from the Director of the Michigan 

Department of Environmental Quality (MDEQ), Steven E. 

Chester, dated March 26, 2008. 

Letter from MDEQ Director Steven E. Chester to State Office of 

Administrative Hearings and Rules (SOAHR) forwarding 

Certificate of Adoption, dated March 26, 2008. 

ATTACHMENT C Delegation of authority from Governor Jennifer M. Granholm, 

letter dated February 22, 2003. 

ATTACHMENT D Certificate of approval from Legislative Service Bureau, dated 

December 5, 2007. 

Certification of legality and authority from SOAHR, dated 

December 6, 2007. 

Letter from SOAHR submitting rules sent to the Joint Committee 

on Administrative Rules, dated December 7, 2007. 

ATTACHMENT E Secretary of State's notice of filing Administrative Rules, dated 

March 28, 2008. 

ATTACHMENT F Agency Report, dated March 26, 2007. 

ATTACHMENT G Opening statement for December 20, 2006, public hearing. 

ATTACHMENT H Newspaper affidavits dated November 16, 2006 

Michigan Register notice dated November 15, 2006 
MICHIGAN STATE IMPLEMENTATION PLAN 

COMPLETENESS REVIEW 

Administrative Materials 

1. A formal letter of submittal from the governor or designee requesting EPA 

approval of the revision. 

Cover letter dated March 19, 2009, from Steven E. Chester, Director of the 

Michigan Department of Environmental Quality (MDEQ) to Mr. Bharat Mathur, 

Acting Regional Administrator, EPA Region 5, requesting approval of SIP 

revision. 

2. Evidence that the state has adopted the revision in the state code or body 

of regulations; or issued the permit, order, or consent agreement (hereafter 

document) in final form. That evidence should include the date of adoption 

or final issuance as well as the effective date of the revision if different 

from the adoption/issuance date. 

The final form of the adopted rule in Part 1, General Provisions, which went into 

effect on March 28, 2008, is included in Attachment A. 

The Certificate of Adoption dated March 26, 2008, signed by MDEQ Director 

Steven E. Chester, is included in Attachment B. 

A letter dated March 26, 2008, from MDEQ Director Steven E. Chester to the 

State Office of Administrative Hearings and Rules (SOAHR) is included in 

Attachment B. 

3. Evidence that the state has the necessary legal authority under state law to 

adopt and implement the revision. 

A letter dated February 22, 2003, from Governor Jennifer M. Granholm to EPA 

Region 5 delegates authority to the Director of MDEQ to make any submittal, 

request, or application under the Clean Air Act (Attachment C). 

The certification dated December 6, 2007, from SOAHR certifies that the rules 

are within the scope of the authority of the MDEQ (Attachment D). 

4. A copy of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP, including indication of the changes 

made to the existing approved SIP, where applicable. The submittal should 

be a copy of the official state regulation/document signed, stamped, and 

dated by the appropriate state official indicating that it is fully enforceable 

by the state. The effective date of the regulation/document should, 

whenever possible, be indicated in the document itself. 

The Secretary of State's Notice of Filing Administrative Rules for Part 1, General 

Provision, dated March 28, 2008, is included in Attachment E. 
MICHIGAN STATE IMPLEMENTATION PLAN 

The final form of the adopted rules, Part 1, General Provisions, with the effective 

date of March 28, 2008, is included in Attachment A. 

A copy of the proposed Part 1 rules showing changes from the existing rules is 

included in Attachment H. 

5. Evidence that the state followed all of the requirements of its administrative 

procedures act (or equivalent) in conducting and completing the 

adoption/issuance of the revision. 

The SOAHR certification dated December 6, 2007, certifies that the rules are in 

conformity with the requirements of the Administrative Procedures Act, MCL 

24.201 et seq. (Attachment D). 

6. Evidence that public notice was given of the proposed change consistent 

with procedures approved by EPA, including date of publication of such 

notice. 

The affidavits of publication from four newspapers that published the notice of 

public hearing on November 16, 2006, and the notice that was published in the 

Michigan Register on November 15, 2006, are included in Attachment H. 

7. Certification that public hearings were held in accordance with the 

information provided in the public notice and the state's administrative 

procedures act (or equivalent), if applicable. 

The December 6, 2007, certification from the SOAHR certifies that the rules have 

been promulgated in conformity with the requirements of the Administrative 

Procedures Act (Attachment D). 

The Opening Statement for the December 20, 2006, public hearing includes 

information on the notice of public hearing and instructions on how the hearing 

was to be conducted (Attachment G). 

8. Compilation of public comments and state's response thereto. 

Summaries of the comments received and the MDEQ responses are 1n 

Section 11 of the Agency Report (Attachment F). 

Technical support 

1. Justification of rules revisions. 

The "Purpose of the Proposed Rules and Background," Section 2, and "Summary 

of Proposed Rules," Section 3, of the Agency Report provides the purpose and 

justification of the proposed rules (Attachment F). 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENTATION PLAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

AIR POLLUTION CONTROL 

Filed with the Secretary of State on March 28, 2008. 

These rules become effective immediately upon filing with the Secretary of State 

unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted 

under these sections become effective 7 days after filing with the Secretary of State. 

(By authority conferred on the director of the department of environmental quality by 

sections 5503,5505, and 5512 of 1994 PA451, MCL 324.5503,324.5505, and 

324.5512, and Executive Reorganization Order No. 1995-18, MCL 324.99903) 

R 336.1102, R 336.1103, R 336.1104, R 336.1105, R 336.1109, R 336.1112, 

R 336.1113, R 336.1114, and R 336.1122 of the Michigan Administrative Code are 

amended as follows: 

PART 1. GENERAL PROVISIONS 

R 336.1102 Definitions; B. 

Rule 102. As used in these rules: 

(a) "Best available control technology for taxies" or "T-BACT" means the maximum 

degree of emission reduction which the department determines is reasonably 

achievable for each process that emits toxic air contaminants, taking into account 

energy, environmental, and economic impacts and other costs. 

(b) "Best available information" means data which serves as the basis for a risk 

assessment. Such information may be taken from the scientific literature or the 

integrated risk information system database maintained by the United States 

environmental protection agency or from other databases, as appropriate. The term 

includes other pertinent studies or reports containing data which the department 

finds to be of adequate quality for use in the risk assessment. 

(c) "Black coating" means a coating which meets both of the following criteria: 

(i) Maximum lightness: 23 units. 

(ii) Saturation: less than 2.8, where saturation equals the square root of N + B2 • 

These criteria are based on Cielab color space, 0/45 geometry. For spherical 

geometry, specular included, maximum lightness is 33 units. 

(d) "Blending tank," as it pertains to R 336.1631, means any vessel in which 

organic resin and solvent or other materials are added to produce a product blend. 

(e) "Business machine" means a device that uses electronic or mechanical 

methods to process information, perform calculations, print or copy information or 

convert sound into electrical impulses for transmission, including devices listed in 

standard industrial classification numbers 3572, 3573, 3574, 3579, and 3661 and 

1121/2005 
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photocopy machines, a subcategory of standard industrial classification number 

3861. 

R 336.1103 Definitions; C. 

Rule 103. As used in these rules: 

(a) "Calendar day" means a 24-hour time period which normally is midnight to 

midnight, but which may, upon written notification to the department, cover a 

different, consecutive 24-hour time period for a specific process. 

(b) "Capacity factor" means the ratio of the average load on a machine or 

equipment for the period of time considered to the capacity rating of the machine or 

equipment. 

(c) "Carcinogen" means any of the following: 

(i) Group A-- Any substance for which there is sufficient evidence from human 

epidemiological studies to support a causal association between exposure to the 

agent and cancer. 

(ii) Group B --Any substance for which the weight of evidence of human 

carcinogenicity based on epidemiological studies is limited evidence or for which the 

weight of evidence of carcinogenicity based on animal studies is sufficient evidence. 

(iii) Group C -- Any substance for which there is limited evidence of carcinogenicity 

in animals in the absence of human data and which causes a significant increased 

incidence of benign or malignant tumors in a single, well-conducted animal bioassay. 

(d) "Charging period," with respect to coke ovens utilizing larry car charging 

methodology, means the total time taken between the point at which the coal starts 

flowing into the oven and the point at which the leveling door and the charging holes 

are closed with their respective lids after the coal from the larry car hoppers is 

emptied into the oven being charged through the respective charging holes and the 

coal has been leveled in the oven. "Charging period," with respect to coke ovens 

utilizing pipeline charging methodology, means the total time taken from the time at 

which the coal starts flowing into an oven by opening the preheated coal inlet valve 

to the time at which the coal flow ends when the inlet valve is closed. 

(e) "Class II hardboard paneling finish" means a finish that meets the 

specifications of voluntary product standard PS-59-73, as approved by the American 

national standards institute. 

(f) "Clean air act" means chapter 360, 69 stat. 322, 42 U.S.C. §§7401 to 7431, 

7470 to 7479, 7491 to 7492, 7501 to 7509a, 7511 to 7515, 7521 to 7525, 7541 to 

7545, 7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590, 7601 to 7612, 7614 

to 7617, 7619 to 7622, 7624 to 7627, 7641 to 7642, 7651 to 7651o, 7661 to 7661f, 

and 7671 to 7671 q and regulations promulgated under the clean air act. 

(g) "Clean charge" means furnace charge materials, including molten metal; t-bar; 

sow; ingot; billet; pig; alloying elements; uncoated/unpainted thermally dried metal 

chips; metal scrap dried at 343 degrees Celsius (650 degrees Fahrenheit) or higher; 

metal scrap delacquered/decoated at 482 degrees Celsius (900 degrees Fahrenheit) 

or higher; other oil and lubricant-free unpainted/uncoated gates and risers; oil and 

lubricant-free unpainted/uncoated scrap, shapes, or products (for example, pistons) 

that have not undergone any process (for example, machining, coating, painting) 
MICHIGAN STATE IMPLEMENTATION PLAN 

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that would cause contamination of the metal (with oils, lubricants, coatings, or 

paints) and on-site runaround. 

(h) "Clear coating" means a coating which lacks color and opacity or is transparent 

and which uses the undercoat as a reflectant base or undertone color. 

(i) "Clinical testing of pharmaceuticals" means human or animal health studies 

conducted consistent with applicable government regulations, guidelines, or 

directions for approval of a pharmaceutical product, such as those monitored by the 

United States food and drug administration for the purpose of determining any of the 

following with respect to a drug: 

(i) Pharmacological action. 

(ii) Preferred route of administration. 

(iii) Safe dosage range. 

(iv) Optimum dosage schedule. 

(v) Safety and effectiveness. 

(vi) Product label indications. 

U) "Coating category" means a type of surface coating for which there is a 

separate emission limit specified in these rules. 

(k) "Coating line" means an operation which is a single series in a coating process 

and which is comprised of 1 or more coating applicators and any associated flash-off 

areas, drying areas, and ovens wherein 1 or more surface coatings are applied and 

subsequently dried or cured. 

(I) "Coating of automobiles and light-duty trucks" means the application of prime, 

primer surfacer, topcoat, and final repair to sheet metal and metallic body 

components during assembly of a vehicle. Examples of these sheet metal and 

metallic body components include all of the following: 

(i) Bodies. 

(ii) Fenders. 

(iii) Cargo boxes. 

(iv) Doors. 

(v) Grill openings. 

(m) "Coating of cans" means exterior coating and interior spray coating in 2-piece 

can lines; interior and exterior coating in sheet coating lines for 3-piece cans; side 

seam spray coating and interior spray coating in can fabricating lines for 3-piece 

cans; and sealing compound application and sheet coating in end coating lines. 

(n) "Coating of coils" means the coating of any flat metal sheet or strip that comes 

in rolls or coils. 

(o) "Coating of fabric" means the application of any type of coating to flat sheets of 

a textile substrate, including the application of coatings by saturation or 

impregnation. 

(p) "Coating of flat wood paneling" means the factory-finished coating of flat 

products which are constructed of wood and which are intended for use as interior 

paneling. This definition does not apply to the coating of flat wood products intended 

for use as exterior siding, tileboard, cabinets, or furniture components. 

( q) "Coating of large appliances" means the coating of the component metal parts 

of residential and commercial washers, dryers, ranges, refrigerators, freezers, water 
MICHIGAN STATE IMPLEMENTATION PLAN 

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heaters, dishwashers, trash compactors, air conditioners, and other associated 

products. Examples of these component metal parts include all of the following: 

(i) Doors. 

(ii) Cases. 

(iii) Lids. 

(iv) Panels. 

(v) Interior support parts. 

(r) "Coating of metal furniture" means the coating of any furniture made of metal 

and includes the coating of any metal part that is or shall be assembled with other 

metal, wood, fabric, plastic, or glass parts to form a furniture piece. 

(s) "Coating of paper" means the application of any decorative, functional, or 

saturation coating applied across the entire width of any flat sheet or pressuresensitive tape, regardless of substrate, or applied across a partial width of any flat 

sheet or pressure-sensitive tape, regardless of substrate, if this partial coverage is 

not considered to be an operation or series of operations that is included in the 

definition of graphic arts line in R 336.11 07(e). These applications and substrates 

include paper, fabric, or plastic film; related wet-coating processes on plastic film, 

including typewriter ribbons, photographic film, and magnetic tape; and decorative 

coatings on metal foil, including gift wrapping and packaging. 

(t) "Coating of plastic parts of automobiles and trucks" means the coating of any 

plastic part that is or shall be assembled with other parts to form an automobile or 

truck. 

(u) "Coating of plastic parts of business machines" means the coating of any 

plastic part that is or shall be assembled with other parts to form a business 

machine. 

(v) "Coating of vinyl" means any printing, decorative coating, or protective topcoat 

applied over vinyl-coated fabric or vinyl rolls or sheets. Coating of vinyl does not 

include the application or plastisols. 

(w) "Coke battery" means a series of coke ovens arranged side by side with an 

integral heating system. 

(x) "Coke oven" means a chamber in which coal is destructively distilled to yield 

coke. 

(y) "Cokeside," with respect to a coke oven, means that side of the coke oven 

through which coke is discharged. 

(z) "Coking cycle" means the time during which coal undergoes destructive 

distillation in a coke oven. It commences at the end of the charging period and ends 

at the beginning of the pushing operation, but does not include any decarbonization 

periods. 

(aa) "Cold cleaner" means a tank containing organic solvent at a temperature 

below its boiling point which is used to spray, brush, flush, or immerse a metallic 

object for the purpose of cleaning or degreasing. 

(bb) "Commercial location" means a publicly or privately owned place where 

persons are engaged in the exchange or sale of goods or services and multiple 

housing units designed for 3 or more families, except for elementary and secondary 

schools and facilities owned and operated by the state government. A separate 
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building or group of buildings used for the exchange or sale of goods or services and 

having a single owner and manager constitutes a separate commercial location. 

(cc) "Completed organic resin" means organic resin solids, solvents, and additives 

as deliverable for sale or use, including a dry organic resin. 

( dd) "Compliance plan" means a description of the compliance status of a source 

with respect to all applicable requirements for each process or process equipment 

as follows: 

(i) For applicable requirements with which the source is in compliance, a statement 

that the source will continue to comply with the requirements. 

(ii) For applicable requirements that will become effective during the permit term, a 

statement that the source will meet the requirements on a timely basis. 

(iii) For applicable requirements for which the stationary source is not in 

compliance at the time of permit issuance, a narrative description of how the 

stationary source will achieve compliance with the requirements. 

(ee) "Component" means 1 of the following: 

(i) As it pertains to the provisions of R 336.1622, "component" means any piece of 

equipment that has the potential to leak a volatile organic compound and includes all 

of the following: 

(A) Pump seals. 

(B) Compressor seals. 

(C) Seal oil degassing vents. 

(D) Pipeline valves. 

(E) Flanges and other connections. 

(F) Pressure-relief devices. 

(G) Process drains. 

(H) Open ended pipes. 

(ii) As it pertains to the provisions of R 336.1628, "component" means all of the 

following: 

(A) Compressor seals. 

(B) Process valves in light liquid or gaseous volatile organic compound service. 

(C) Pressure-relief valves in gaseous volatile organic compound service. 

(D) Seals of pumps in light liquid service. 

(iii) As it pertains to the provisions of R 336.1629, "component" means all of the 

following: 

(A) Compressor seals. 

(B) Process valves. 

(C) Pressure-relief valves. 

(D) Pump seals. 

This definition does not include a valve that is not externally regulated, that is, a 

valve which has no external controls and thus does not have the potential to leak a 

volatile organic compound. 

(ff) "Component in field gas service" means a component that processes, 

transfers, or contains field gas. 

(gg) "Component in gaseous volatile organic compound service" means a 

component that processes, transfers, or contains a volatile organic compound in the 

gaseous phase under actual conditions. 
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(hh) "Component in heavy liquid service" means a component that processes, 

transfers, or contains heavy liquid. 

(ii) "Component in light liquid service" means a component that contacts a light 

liquid containing more than 10% volatile organic compound by weight. 

OD "Component in liquid volatile organic compound service" means a component 

that processes, transfers, or contains a volatile organic compound in the liquid phase 

under actual conditions. 

(kk) "Condenser" means a device that effects the removal of an air contaminant 

from an exhaust stream by a physical change of state from a vapor to a liquid or 

solid form. 

(II) "Control equipment" means air pollution control equipment. 

(mm) "Conventional air-atomizing spray equipment" means a device which is 

designed to atomize and direct fluid material solely through the use of compressed 

air and which is capable of operating at air pressures of more than 10 pounds per 

square inch. 

(nn) "Conveyorized cold cleaner" means any continuous system that transports 

metallic objects through a bath containing organic solvent at a temperature below its 

boiling point for the purpose of cleaning or degreasing. 

(oo) "Conveyorized vapor degreaser'' means any continuous system that 

transports metallic objects through or over, or through and over, a bath containing 

organic solvent that is heated to its boiling point for the purpose of cleaning or 

degreasing. 

(pp) "Cutback paving asphalt" means asphalt cement which has been liquefied by 

blending with a volatile organic compound and which is used for the purpose of 

paving or repairing, or paving and repairing, a road surface. 

(qq) "Cycle of operation," with respect to continuous emission monitoring systems, 

means the total time a monitoring system requires to sample, analyze, and record an 

emission measurement. 

R 336.11 04 Definitions; D. 

Rule 104. As used in these rules: 

(a) "Decarbonization period," with respect to coke ovens, means the time for 

combusting carbon formed at the oven roof and in the standpipe assembly. The 

decarbonization period commences when a charging-hole lid or lids or a standpipe 

lid or lids are removed or opened near the end of the coking cycle and ends with the 

initiation of the next charging period. 

(b) "Delivery vessel" means any tank truck, tank-equipped trailer, railroad tank car, 

or any similar vessel equipped with a storage tank used for the transport of a volatile 

organic compound from sources of supply to any stationary vessel. 

(c) "Demolition waste material" means waste building materials that result from 

demolition operations on houses and commercial and industrial buildings. 

(d) "Department" means the director of the department of environmental quality or 

his or her designee. 

(e) "Difficult-to-monitor component" means a component that can only be 

monitored by elevating the monitoring personnel more than 6 feet above a support 

surface. 
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(f) "Dry organic resin" means the organic resin solids from which all liquids have 

been removed, as deliverable for sale or use. 

(g) "Dispensing facility" means a location where gasoline is transferred to a motor 

vehicle tank from a stationary vessel. 

R 336.1105 Definitions; E. 

Rule 105. As used in these rules: 

(a) "Electrostatic prep coat" means a coating that is applied to a plastic part solely 

to provide conductivity for the subsequent application of a prime, a topcoat, or other 

coating through the use of electrostatic application methods. An electrostatic prep 

coat is clearly identified as an electrostatic prep coat on its accompanying material 

safety data sheet. 

(b) "Emission unit" means any part of a stationary source that emits or has the 

potential to emit an air contaminant. Examples of emission units include the 

following: 

(i) A fossil fuel-fired, steam-generating unit. 

(ii) A topcoat painting line. 

(iii) A solid waste incinerator. 

(iv) A clinker cooler at a Portland cement plant. 

(v) A process unit at a chemical plant. 

(c) "Equipment utilized in the manufacturing of synthesized pharmaceutical 

products" means equipment associated with the storage, transfer, or manufacturing 

of pharmaceutical products, including raw materials and intermediate products, by 

chemical synthesis. This definition does not include equipment associated with the 

manufacturing of pharmaceutical products by fermentation or extraction, the 

formulation or packaging of bulk pharmaceuticals, or the processing of waste 

resulting from pharmaceutical synthesis. 

(d) "Equivalent method," with respect to source sampling, means a method or set 

of procedures for obtaining source samples that has been demonstrated to the 

department's satisfaction to have a consistent and quantitatively known relationship 

to an applicable reference test method. 

(e) "Excess air" means any air in excess of the amount of air required for complete 

combustion of a material as determined by using reference test method 3 of 

appendix A to the department's rules. 

(f) "Excess emissions" means emissions of an air contaminant in excess of any 

applicable emission limitation. 

(g) "External floating roof stationary vessel" means an open top stationary vessel 

equipped with a cover or roof which rests upon and is supported by the liquid being 

contained and which has a closure seal or seals to reduce the space between the 

cover or roof edge and the vessel wall. 

(h) "Extreme environmental conditions" means any of the following: 

(i) Outdoor weather. 

(ii) Temperatures consistently above 95 degrees Celsius (203 degrees 

Fahrenheit). 

(iii) Detergents. 

(iv) Abrasive and scouring agents. 
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(v) Solvents. 

(vi) Corrosive atmospheres. 

(vii) Other similar harsh conditions. 

(i) "Extreme performance coating" means a coating which is designed to protect a 

coated part from extreme environmental conditions and which is applied to a part 

that, in its use as a finished product, is intended to be subjected to extreme 

environmental conditions. 

R 336.1109 Definitions; I. 

Rule 109. As used in these rules: 

(a) "Incinerator" means a device specifically designed for the destruction, by 

burning, of garbage or other combustible refuse or waste material, or both, in which 

the products of combustion are emitted into the outer air by passing through a stack 

or chimney. 

(b) "Inhalation reference concentration" or "RfC" means a conservative estimate of 

the daily exposure to the human population, including sensitive subgroups, that is 

likely to be without appreciable risk of deleterious effect during a lifetime. The 

inhalation reference concentration is for continuous inhalation exposures and is 

expressed in units of milligrams per cubic meter (mg/m3 ). 

(c) "Initial risk screening level" means the concentration of a possible, probable, or 

known human carcinogen in ambient air which has been calculated for regulatory 

purposes, according to the risk assessment procedures in R 336.1229(1), to 

produce an estimated upper-bound lifetime cancer risk of 1 in 1 ,000,000. 

(d) "Initial threshold screening level" means a concentration of toxic air 

contaminant in the ambient air which is used to evaluate noncarcinogenic health 

effects from a proposed new or modified process and which is calculated, for 

regulatory purposes, according to the procedures in R 336.1229(2). 

(e) "Insulation of magnet wire" means the process of coating aluminum or copper 

electrical wire by application of a nonconductive material, such as varnish or enamel. 

R 336.1112 Definitions; L. 

Rule 112. As used in these rules: 

(a) "Light-duty truck" means any motor vehicle which is rated at not more than 

8,500 pounds gross vehicle weight and which is designed primarily for the 

transportation of property, including pickups, vans, and window vans. 

(b) "Light liquid," as it pertains toR 336.1628, means a liquid that contains 1 or 

more volatile organic compounds which have vapor pressures of more than 0.04 

psia at 20 degrees Centigrade if the total concentration of the pure volatile organic 

compounds which have vapor pressures of more than 0.04 psia at 20 degrees 

Centigrade is equal to or greater than 20%, by weight, of the liquid and if the fluid is 

a liquid at operating conditions. 

(c) "Limited evidence," a term of art, means either of the following: 

(i) In human epidemiological studies, the data indicate that a causal relationship 

between the agent and human cancer is credible, but that alternative explanations, 

such as chance, bias, or confounding variables, could not be adequately excluded. 
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(ii) In animal studies, data suggest a carcinogenic effect, but are limited because of 

any of the following: 

(A) The studies involve a single species, strain, or experiment and do not meet 

criteria for sufficient evidence. 

(B) The experiments are restricted by any of the following: 

(1) Inadequate dosage levels. 

(2) Inadequate duration or exposure to the agent. 

(3) Inadequate period of follow-up. 

(4) Poor survival. 

(5) Too few animals. 

(6) Inadequate reporting. 

(C) The data show an increase in the incidence of benign tumors only. 

(d) "Linearized multistage computer model" means a dose-response model which 

assumes that there are a number of distinct biological stages or changes that must 

occur for a normal cell to be transformed into a tumor and which assumes the doseresponse relationship to be linear at low doses. 

(e) "Loading facility" means a location where volatile organic compounds are 

received from sources of supply and are stored for later delivery to another facility. 

R 336.1113 Definitions; M. 

Rule 113. As used in these rules: 

(a) "Malfunction" means any sudden, infrequent and not reasonably preventable 

failure of a source, process, process equipment, or air pollution control equipment to 

operate in a normal or usual manner. Failures that are caused in part by poor 

maintenance or careless operation are not malfunctions. 

(b) "Market testing and market development" means the limited or general 

distribution of a product to the consumer to gather information concerning the 

demand for the product. 

(c) "Material handling equipment," as referenced in table 31, means a device, 

contrivance, or equipment used to bag, blend, convey, crush, grind, load, mill, mix, 

shed, store, transfer, or unload a physical substance. 

(d) "Material recovery equipment" means any equipment utilized in the transport 

and recovery of styrene monomer and other impurities from other products and byproducts in the manufacture of polystyrene resin by continuous process, including 

the styrene devolatilizer unit and styrene recovery unit. 

(e) "Modify" means making a physical change in, or change in the method of 

operation of, existing process or process equipment which increases the amount of 

any air contaminant emitted into the outer air which is not already allowed to be 

emitted under the conditions of a permit or order or which results in the emission of 

any toxic air contaminant into the outer air not previously emitted. An increase in the 

hours of operation or an increase in the production rate up to the maximum capacity 

of the process or process equipment shall not be considered to be a change in the 

method of operation unless the process or process equipment is subject to enforceable permit conditions or enforceable orders which limit the production rate or the 

hours of operation, or both, to a level below the proposed increase. 
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(f) "Motor vehicle" means any self-propelled vehicle registered for, or requiring 

registration for, use on the highway. 

R 336.1114 Definitions; N. 

Rule 114. As used in these rules: 

(a) "Natural finish hardwood plywood panel" means a panel that has its original 

grain pattern enhanced by essentially transparent finishes frequently supplemented 

by fillers and toners. 

(b) "Natural gas processing plant" means a stationary source where the extraction 

of natural gas liquids from field gas or the fractionation of the liquids into natural gas 

products, such as ethane, propane, butane, and natural gasoline, takes place. 

(c) "Natural gas process unit" means process equipment assembled for the 

extraction of natural gas liquids from field gas, the fractionation of the liquids into 

natural gas products, or other operations associated with the processing of natural 

gas products. A natural gas process unit may operate independently if supplied with 

sufficient feed or raw materials and sufficient storage facilities for the products. 

(d) "Nearby" means, with respect to good engineering practice design stack 

heights, a distance of up to 5 times the lesser of the height or the width dimension of 

a structure, but not more than 0.8 kilometers (0.5 miles). The height of the structure 

is measured from the ground level elevation at the base of the stack. 

(e) "Nonattainment area" means an area designated as not having attained full 

compliance with any national ambient air quality standard pursuant to section 107(D) 

of the clean air act. Such designation shall be air contaminant specific and shall not 

mean that an area is a nonattainment area for any other air contaminant unless so 

specified. The department shall maintain a Jist of designated nonattainment areas 

and shall update the list when air quality monitoring or modeling data warrant. For 

certain air contaminants, nonattainment areas are classified for the purposes of 

applying an attainment date, or for other purposes, in accordance with procedures 

established pursuant to the clean air act, as amended, 42 U.S.C. §7401 et seq. For 

ozone nonattainment areas, classifications have been established as follows: 

(i) Nonclassifiable. 

(ii) Marginal. 

(iii) Moderate. 

(iv) Serious. 

(v) Severe. 

(vi) Extreme. 

R 336.1122 Definitions; V. 

Rule 122. As used in these rules: 

(a) "Vacuum-metalizing coatings" means topcoats and basecoats that are used in 

the vacuum-metalizing process. 

(b) "Vacuum-producing system" means any device that creates a pressure below 

atmospheric, such as a pump or steam ejector with condenser, including hot wells 

and accumulators. 

(c) "Vapor collection system," as it pertains toR 336.1627, means all piping, seals, 

hoses, connections, pressure-vacuum vents, and any other equipment between and 
MICHIGAN STATE IMPLEMENTATION PLAN 

-11-

including the delivery vessel and a stationary vessel, vapor processing unit, or vapor 

holder. 

(d) "Very large precipitator" means an electrostatic precipitator that has a specific 

plate collection area of 600 square feet or more per 1,000 actual cubic feet per 

minute gas flow. 

(e) "Visible emission" means any emissions that are visually detectable without the 

aid of instruments. 

(f) "Volatile organic compound" means any compound of carbon or mixture of 

compounds of carbon that participates in photochemical reactions, excluding the 

following materials, all of which have been determined by the United States 

environmental protection agency to have negligible photochemical reactivity: 

(i) Carbon monoxide. 

(ii) Carbon dioxide. 

(iii) Carbonic acid. 

(iv) Metallic carbides or carbonates. 

(v) Boron carbide. 

(vi) Silicon carbide. 

(vii) Ammonium carbonate. 

(viii) Ammonium bicarbonate. 

(ix) Methane. 

(x) Ethane. 

(xi) The methyl chloroform portion of commercial grades of methyl chloroform, if all 

of the following provisions are complied with: 

(A) The commercial grade of methyl chloroform is used only in a surface coating or 

coating line that is subject to the requirements of part 6 or 7 of these rules. 

(B) The commercial grade of methyl chloroform contains no stabilizers other than 

those listed in table 11. 

(C) Compliance with the applicable limits specified in part 6 or 7 of these rules is 

otherwise not technically or economically reasonable. 

(D) All measures to reduce the levels of all organic solvents, including the 

commercial grade of methyl chloroform, from the surface coating or coating line to 

the lowest reasonable level will be implemented. 

(E) The emissions of the commercial grade of methyl chloroform do not result in a 

maximum ambient air concentration exceeding any of the allowable ambient air 

concentrations listed in table 11. 

(F) The use of the commercial grade of methyl chloroform is specifically identified 

and allowed by a permit to install, permit to operate, or order of the department. 

(G) Table 11 reads as follows: 
MICHIGAN STATE IMPLEMENTATION PLAN 

-12-

TABLE 11 

Commercial grade of methyl chloroform --

allowable ambient air concentrations 

Compound Ppm' 

Methyl chloroform 3.5 

Tertiary butyl alcohol"' 1.0 

Secondary butyl alcohol"' 1.0 

Methylal"' 10.0 

1 ,2-butylene oxide"' 0.028 

and 

0.00041 .. 1. Parts per million, by volume 

2. Averaging time period 

3. This compound is a stabilizer 

Time" 

1 hour 

1 hour 

1 hour 

1 hour 

1 hour 

annual 

(xii) The methyl chloroform portion of commercial grades of methyl chloroform that 

contain any other stabilizer not listed in table 11 of this rule, if all of the following 

provisions are complied with: 

(A) The commercial grade of methyl chloroform is used only in a surface coating or 

coating line that is subject to the requirements of part 6 or 7 of these rules. 

(B) Compliance with the applicable limits specified in part 6 or 7 of these rules is 

otherwise not technically or economically reasonable. 

(C) All measures to reduce the levels of all organic solvents, including the 

commercial grade of methyl chloroform, from the surface coating or coating line to 

the lowest reasonable level will be implemented. 

(D) The emissions of any compound in the commercial grade of methyl chloroform 

that is listed in table 11 of this rule do not result in a maximum ambient air 

concentration exceeding any of the allowable ambient air concentrations listed in 

table 11. 

(E) The emission of all compounds in the commercial grade of methyl chloroform 

that are not listed in table 11 is demonstrated to comply with R 336.1901. 

(F) The use of the commercial grade of methyl chloroform is specifically identified 

and allowed by a permit to install, permit to operate, or order of the department. 

(xiii) Acetone. 

(xiv) Cyclic, branched, or linear completely methylated siloxanes. 

(xv) Parachlorobenzotrifluoride. 

(xvi) Perchloroethylene. 

(xvii) Trichlorofluoromethane (CFC-11). 

(xviii) Dichlorodifluoromethane (CFC-12). 

(xix) 1,1 ,2-trichloro-1 ,2,2-trifluoroethane (CFC-113). 

(xx) 1 ,2-dichloro 1,1 ,2,2-tetrafluoroethane (CFC-114). 
MICHIGAN STATE IMPLEMENTATION PLAN 

-13-

(xxi) Chloropentafluoroethane (CFC-115). 

(xxii) 1, 1-dichloro 1-fluoroethane (HCFC-141 b). 

(xxiii) 1 ,chloro 1, 1-difluoroethane (HCFC-142b). 

(xxiv) Chlorodifluoromethane (HCFC-22). 

(xxv) 1,1, 1-trifluoro 2,2-dichloroethane (HCFC-123). 

(xxvi) 2-chloro-1, 1,1 ,2-tetrafluoroethane (HCFC-124 ). 

(xxvii) Trifluoromethane (HFC-23). 

(xxviii) Pentafluoroethane (HFC-125). 

(xxix) 1,1 ,2,2-tetrafluoroethane (HFC-134). 

(xxx) 1,1, 1 ,2-tetrafluoroethane (HFC-134a). 

(xxxi) 1,1, 1-trifluoroethane (HFC-143a). 

(xxxii) 1, 1-difluoroethane (HFC-152a). 

(xxxiii) 3,3-dichloro-1, 1,1 ,2,2-pentafluoropropane (HCFC-225ca). 

(xxxiv) 1 ,3-dichloro-1, 1 ,2,2,3-pentafluoropropane (HCFC-225cb). 

(xxxv) 1,1, 1 ,2,3,4,4,5,5,5-decafluoropentane (HFC 43-1 Omee). 

(xxxvi) Difluoromethane (HFC-32). 

(xxxvii) Ethyl fluoride (HFC-161). 

(xxxviii) 1,1, 1 ,3,3,3-hexafluoropropane (HFC-236fa). 

(xxxix) 1,1 ,2,2,3-pentafluoropropane (HFC-245ca). 

(xi) 1,1 ,2,3,3- pentafluoropropane ( HFC-245ea). 

(xli) 1,1, 1 ,2,3- pentafluoropropane (HFC-245eb). 

(xlii) 1,1, 1 ,3,3- pentafluoropropane (HFC-245fa). 

(xi iii) 1,1, 1 ,2,3,3-hexafluoropropane (HFC-236ea). 

(xliv) 1,1, 1 ,3,3-pentafluorobutane (HFC365mfc). 

(xlv) Chlorofluoromethane (HCFC-31 ). 

(xlvi) 1 ,2-dichloro-1, 1 ,2-trifluoroethane (HCFC-123a). 

(xlvii) 1-chlor-1-fluoroethane (HCFC-151 a). 

(xlviii) 1,1, 1 ,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4FgOCH3 or HFE-71 00). 

(xlix) 2-(difluoromethoxymethyl)-1, 1,1 ,2,3,3,3-heptafluoropropane. 

(I) 1-ethoxy-1, 1 ,2,2,3,3,4,4,4-nonafluorobutane (C4F90C2H5 or HFE-7200). 

(li) 2-(ethoxydifluoromethyl)-1, 1,1 ,2,3,3,3-heptafluoropropane. 

(Iii) Methyl acetate. 

(I iii) Perfluorocarbon compounds that fall into the following classes: 

(A) Cyclic, branched, or linear, completely fluorinated alkanes. 

(B) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations. 

(C) Cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations. 

(D) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds 

only to carbon and fluorine. 

(liv) Methylene chloride. 

(lv) 1,1, 1 ,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F70CH3, HFE-7000). 

(lvi) 3-ethoxy-1, 1,1 ,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE7500). 

(lvii) 1,1, 1 ,2,3,3,3-heptafluoropropane (HFC 227ea). 

(!viii) Methyl formate (HCOOCH3). 
MICHIGAN STATE IMPLEMENTATION PLAN 

-14-

(lix) T-butyl acetate is not a volatile organic compound for purposes of volatile 

organic compound emissions limitations or volatile organic compound content 

requirements but is a volatile organic compound for purposes of all record keeping, 

emissions reporting, photochemical dispersion modeling and inventory 

requirements, which apply to volatile organic compounds and shall be uniquely 

identified in emission reports. 

The methods described in R 336.2004 and R 336.2040 shall be used for measuring 

volatile organic compounds for purposes of determining compliance with emission 

limits. Where such a method also measures compounds with negligible 

photochemical reactivity, these negligibly-photochemical reactive compounds may 

be excluded as volatile organic compounds if the amount of such compounds is 

accurately quantified and such exclusion is approved by the department. 
MICHIGAN STATE IMPLEMENTATION PLAN 
JENNIFER M. GRANHOLM 

GOVERNOR 

MICHIGAN STATE IMPLEMENTATION PLAN 

ST-'\TF: OF MICHIGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSING 

March 26, 2008 

Ms. Norene Lind, Administrative Rules Manager 

State Office of Administrative Hearings and Rules 

Department of Labor and Economic Growth 

Ottawa Building - Fourth Floor 

611 West Ottawa 

Lansing, Michigan 48933-1070 

Dear Ms. Lind: 

DEii2 

STEVEN E. CHESTER 

OJ RECTOR 

SUBJECT: Certificate of Adoption for Administrative Rules Promulgated Pursuant to 

Part 55, Air Pollution Control, of the Natural Resources and Environmental 

Protection Act, 1994 PA 451, as Amended (Act 451), SOAHR 2004-006EQ 

The Certificate of Adoption for ttJe administrative rules promulgated pursuant to Part 55 

of Act 451 is being forwarded to you, along with a reference copy of the administrative 

rules, in accordance with the provisions of Executive Order 2005-1 and the January 5, 

1996, memorandum from the fo'rmer Office of Regulatory Reform. The proposed rules 

will modify the definitions in Part 1, General Provisions, including the definition of 

volatile organic compound in R 336.1122. 

The rules were certified by the Legislative Service Bureau on December 5, 2007, and 

were formally approved by your office on December 7, 2007. The rules were delivered 

to the Joint Committee on Administrative Rules on December 7, 2007. 

If you have questions or comments regarding the rule changes, please contact 

Ms. Susan Maul, Acting Regulatory Reform Officer, at 517-241-1552, or you may 

contact me. 

Enclosures 

Sincerely, ... 

Director 

517-373-7917 

CONSTITUTION HALL • 525 WEST ALLEGAN STREET• P.O, BOX 30473 ~LANSING, MICHIGAN 48909-7973 

www.michigan.gov • (800) 662-9278 
MICHIGAN STATE IMPLEMENTATION PLAN 

Ms. Norene Lind 2 

cc: Mr. Jim Sygo, Deputy Director, DEQ 

Ms. Susan Maul, Acting Regulatory Reform Officer, DEQ 

Mr. G. Vinson Hellwig, DEQ 

Ms. Mary Ann Halbeisen, DEQ 

Mr. Jeffrey Rathbun, DEQ 

cc/enc: AQD, SOAHR 2004-006EQ File 

March 26, 2003 
JENNIFER M. GRANHOLM 

GOVERNOR 

MICHIGAN STATE IMPLEMENTATION PLAN 

STATE OF MICHIGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSlNG 

CERTIFICATE OF ADOPTION 

DE~ STEVEN E. CHESTER 

DIRECTOR 

I, Steven E. Chester, Director of the Department of Environmental Quality, do formally 

adopt the attached administrative rules by amending R 336.1102, R 336.1103, 

R336.1104, R336.1105, R336.1109, R336.1112, R336.1113, R336.1114, and 

R 336.1122 of the Michigan Administrative Code. 

These rules are adopted pursuant to Sections 5503 and 5512 of Part 55, Air Pollu'tion 

Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as 

amended, and Executive Order 1995-18. 

SOAHR 2004-006EQ 

CONSTlTUTlON HALL" 525 WE:ST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 

www.michigan.gov .. (BOD) 662-9278 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENTATION PLAN 

STATE OF MICHIGAN 

OFFICE OF THE GOVERNOR 

JENNIFER Ill GRANHOlM Ja)l~ 

GO'.<ERNOR 

February 22, 2003 

Mr. Thomas V. Skinner, Regional Administrator 

U.S. Environmental Protection Agency 

Region 5 

77 West Jackson Boulevard (R-19J) 

Chicago, lllinois 60604-3507 

Dear Mr. Skinner: 

The federal Clean Air Act (CAA) requires Michigan to submit revisions to the 

State Implementation Plan. It also provides an opportunity for the state to request 

delegations.and make grant applications to fund air quality programs. 

I hereby delegate my authority to make any submittal, request, or application 

under the CAA to Director Steven E. Chester of the Michigan Department of 

·Environmental Quality (MDEQ). This delegation was effective on January 1, 2003. 

cc: Mr. Steven E. Chester, birector, MDEQ 

Mr .. Stanley F. Pruss, Deputy Director, MDEQ 

'"""'jj) Q~ 

~te•t•tc ~·~~~ 

Sincerely, 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENTATION PLAN 

Legal Division 

John C. Bollman, Director 

CERTIFICATE OF APPROVAL 

I hereby certify that the Legislative Service Bureau has examined the 

attached proposed rules of the Department of Environmental Quality, dated 

January 21, 2005, amending R 336.1102, R 336.1103, R 336.1104, R 336.1105, R 

336.1109, R 336.1112, R 336.1113, R 336.1114, and R 336.1122 of the 

Department's rules entitled "Air Pollution Control- Part I. General Provisions," 

and further certify that, pursuant to section 45 of 1969 PA 306, MCL 24.245, the 

Legislative Service Bureau approves the rules as to fonn, classification, and 

arrangement. 

Dated: December 5, 2007 

LEGISLATIVE SERVICE BUREAU 

By J:£.4u Jln-~.-td< 1 l-1 •. 0y, , ( '-

Elliott Smith, Direct& 

Michigan Legislature 

124 W. Allegan Street, 3" Floor • P.O. Box 30036 • Lansing, MI 48909-7536 • (517) 373-9425 • Fax: (517) 373-5642 
MICHIGAN STATE IMPLEMENTATION PLAN 

STATE OF MICHIGAN 

JENNIFER M. GRANHOLM STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES GOVERNOR 

LEGAL CERTIFICATION OF RULES 

PETER L. PLUMMER 

EXECUTIVE DIRECTOR 

I certify 1hat I have examined the attached administrative rules, dated January 21, 2005, 

in which the Department of Environmental Quality proposes to modify a portion of 1he 

Michigan Administrative Code entitled, "Air Pollution Control- Part 1. General Provisions," 

by: 

• Amending R 336.1102, R 336.1103, R 336.1104, R 336.1105, R 336.1109, R 

336.1112, R 336.1113, R 336.1114, and R 336.!122. 

The Legislative Service Bureau has approved the proposed rules as to form, 

classification, and arrangement. 

I approve the rules as to legality pursuant to the Administrative Procedures Act, MCL 

24.201 et seq. and Executive Order No. 2005-1. In certifying the rules as to legality, I have 

determined that they are within the scope of the authority of the agency, do not violate 

con.stitutional rights, and are in conformity with the requirements of the Administrative 

Procedures Act. 

Dated: ,12~/ar 

2004-006 EQ 

State Office of Administrative Hearings and Rules 

B . <~ - .. -- ~ ' 

reterLPfumm~ive Director 

STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES 

611 W. OTIAWASTREET • P.O. BOX 30695 • LANSING, MICHIGAN 48909-8195 

www.mlchigan.gov • (517) 335-2484 
MICHIGAN STATE IMPLEMENTATION PLAN 

STATE OF MICHIGAN 

JENNIFER M. GRANHOLM 

GOVERNOR 

STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES 

LANSING 

December 7, 2007 

Ms. Colleen Curtis 

Joint Committee on Administrative Rules 

Boji Tower; 4th Floor- 124 W. Allegan 

P.O. 30036 

Lansing, Michigan 48909-7536 

Dear Ms. Curtis: 

PETER L. PLUMMER 

EXECUTIVE DIRECTOR 

On behalf of the State Office of Administrative Hearings and Rules, I hereby submit the 

following rule set for consideration by the Joint Committee on Administrative Rules: 

(2004-006 EQ) Part 1. General Provisions 

Enclosed, you will find copies of the following: 

1. 1 copy of the LSB formal certificate. 

2. 1 copy of the SOAHR formal certificate. 

3. 1 copy of the Regulatory Impact Statement. 

4. 1 copy of the draft rules. 

5. I copy of the JCAR Agency Report. 

Please let me know if you have any questions. I can be reached at 1-1671. 

Thanks. 

Sincerely, 

Deidre O'Berry, Rules Analyst 

State Office of Administrative Hearings and Rules 

enclosures 

State Office of Administrative Hearings and Rules 

611 W. Ottawa St. • P.O. BOX 30695 • Lansing, Michigan 48909-8195 

www.michigan.gov • (517) 335~2484 
MICHIGAN STATE IMPLEMENTATION PLAN 
To: Secretary of the Senate 

STATE OF MrcHroAN 

ThRRI LYNN LAND, SECRETARY OF STAT!; 

DEPARTMENT OF STATE 

LANSING 

March 28, 2008 

NOTICE OF FILING 

ADMINISTRATIVE RULES 

Clerk of the House of Representatives 

Joint Committee on Administnttive Rules 

State Office of Admin)strative Hearings and Rules (08-03-04) 

Legislative Service Bureau (2004-006EQ) 

Department of Environmental Quality 

lll002/002 

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, 

and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and 

Economic Growth Growth, State Office of Administrative Hearings and Rules filed at 4:17P.M. 

this date, administrative rule (08-03-04) for the Department of Environmental Quality, Air 

Quality Division, Air Pollution Control; Entitled Part 1. General Provisions", as adopted by the 

agency on March 26, 2008. These rules take effect 7 days after filing with the Secretary of State. 

Sincerely, 

Terri Lynn Land 

Secretary of State 

Robin Houston, Office Supervisor 

Office of the Great Seal 

Enclosure 

OFFICE OF THE GREAT SEAL 

RECEIVED 

APR 0 2 ZUlJ~ 

STATE OFFIC!: OF AOMINJS7P.i\TIVE 

HEARII\GS & RU'..ES 

108 SOUTH WASHINGTON SQUARE• LANSING, MICHIGAN 46919 

www.Mfchlg.an.g'OI.I/SO$" • {517) 373-2531 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENTATION PLAN 

Agency Report to the 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

This form must be completed by the department/agency that has the statutory authority for 

promulgating the rules. Please send an electronic copy of this form to the State Office of 

Administrative Hearings and Rules (SOAHR) at soahr_rules@michigan.gov. The SOAHR will 

review the document, the newspaper advertisements, and the corresponding rules prior to completing 

the legal certification of the rules. Please be sure to send to the SOAHR proofs of publication for the 

three newspaper advertisements required by MCL 24.242(1 ). You may mail them or send them as a 

scanned attachment. 

Department 

I Environmental Quality 

Title of rules: 

I Michigan Air Pollution Control Rules, Part 1 -General Provisions 

2. Purpose for the proposed rules and bacl<ground: 

Rule packages SOAHR 2004-006EO, 2004-00?EQ, and 2004-054EQ contain the rules 

necessary to implement a complete, modern New Source Review (NSR) program that meets all 

federal requirements for permitting major sources in nonattainment areas. These rules were 

developed, together with SOAHR 2004-00SEQ (which consists of rules for NSR permitting in 

attainment areas), for the purpose of achieving a complete NSR permitting State 

Implementation Plan (SIP) for Michigan. Currently, the AQD permits major sources of air 

pollution located in nonattainment areas through R 336.1220. R 336.1220 has been approved 

by the U.S. Environmental Protection Agency (EPA) into Michigan's SIP; however, it reflects 

federal requirements from the mid-1980's. 

These rules packages adopt the most recent federal permitting requirements (40 C.F.R. 

§51.165). These changes are necessary to satisfy a federal mandate, because the EPA 

required that all states adopt these rules (that is, 40 C.F.R. §51.165) by January 2, 2006. This 

mandate, which is called a "SIP Call," was published in the Federal Register on December 31, 

2002, at 67 F.R. 80186,80240-41. The EPA could sanction Michigan for not meeting the 

federal mandate. Sanctions could include a moratorium on new construction in the state, a loss 

of federal grant funds, and a loss of federal highway funds. 

These rules are the product of extensive stakeholder input. The stakeholder group consisted 
MICHIGAN STATE IMPLEMENTATION PLAN 

- 2-

mainly of members of the industrial sector and representatives of the environmental community. 

The first stakeholder meeting was held on March 19, 2004, and the final meeting was held on 

March 14, 2006. All of the proposed rules are supported by the stakeholder workgroup. 

Additionally, the Department of Environmental Quality's (DEQ's) Environmental Advisory 

Council was briefed on the rule development on June 17, 2004. 

3. Summary of proposed rules: 

This rule package contains revisions to nine rules. Eight rules contain definitions that are being 

revised or deleted to be consistent and avoid conflict with terms used in rules packages 

2004-007EQ and 2004-054EQ. 

• R 336.1102 (Rule 1 02), Definitions B: the definition for "breakthrough" is being deleted. 

• R 336.1103 (Rule 1 03), Definitions C: the definitions for "commence," "contemporaneous," 

and "creditable" are being deleted. 

• R 336.1104 (Rule 1 04), Definitions D: the definition for "dampered off coke oven" is being 

deleted. 

• R 336.1105 (Rule 1 05), Definitions E: the definition for "equipment utilized in the 

manufacturing of synthesized pharmaceutical products" is being revised. 

• R 336.1109 (Rule 1 09), Definitions 1: the definitions for "Indian governing body" and "internal 

floating roof stationary vessel" are being deleted. 

• R 336.1112 (Rule 112), Definitions L: the definition for "linearized multistage computer 

model" is being corrected, and the definition for "lowest achievable emission rate" is being 

deleted. 

• R 336.1113 (Rule 113), Definitions M: the definitions for "major nonattainment air 

contaminant," "major offset modification," "major offset source," and "manufacturing location," 

are being deleted. 

• R 336.1114 (Rule 114), Definitions N: the definitions for "net emissions increase" and 

"nonattainment air contaminant" are being deleted. 

• R 336.1122 (Rule 122), Definitions V: This rule contains the definition for volatile organic 

compound (VOC), which is being revised to conform to the EPA definition for VOC published 

in the Federal Register on November 29, 2004, (69 FR 69298) by delisting five materials from 

the definition: 

o 1,1, 1 ,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F70CH3 , HFE-7000). 

o 3-ethoxy-1, 1,1 ,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500). 

o 1,1, 1 ,2,3,3,3-heptafluoropropane (HFC 227ea). 

o Methyl formate (HCOOCH3). 

o T-butyl acetate (except for purposes of recordkeeping, emissions reporting, 

photochemical dispersion modeling, and inventory requirements) 

4. Name of newspapers and date of publication in newspapers (minimum 3 

newspapers of general circulation, representing different parts of the state, one of which 

must be located in the Upper Peninsula): 

The notice was published November 16, 2006, in the following newspapers: 

Lansing State Journal 

Grand Rapids Press 

Pontiac Oakland Press 
MICHIGAN STATE IMPLEMENTATION PLAN 

- 3 -

I Marquette Mining Journal 

5. Time, date, location and duration of ublic hearin : 

6. Date of ublication of rules and 

November 15, 2006 

7. Agency representative(s) attending hearing (include agency name and title of 

representative[s]): 

The following attended from the Michigan Department of Environmental Quality: 

Bryce Feighner, Supervisor, Chemical Process Unit, Permit Section, AQD 

Lynn Fiedler, Supervisor, Permit Section, AQD 

Mary Ann Halbeisen, Administrative Rules Coordinator, AQD 

Marion Hart, Supervisor, Administration Section, AQD 

Jeffrey Rathbun, Engineer, Permit Section, AQD 

Holly Gohlke, Environmental Quality Analyst, Water Bureau 

James Ostrowski, Environmental Quality Analyst, Environmental Science and Services 

8. Names, organizations and (complete) addresses of persons attending the hearing: 

Kent Evans, Director, Air Quality Services, Consumers Energy, 1945 West Parnell Road, 

Jackson, Ml 49201 

Mike Johnston, Director of Regulatory Affairs, Michigan Manufacturers Association, 620 Capitol 

Avenue, Lansing, Ml 48933 

Angela Riess, Michigan Department of Agriculture, 525 West Allegan Street, Lansing, Ml 48933 

9. Persons submitting letters, comments and testimony of support: 

Julie C. Becker, Alliance of Automobile Manufacturers, 1401 Eye Street, NW, Suite 900, 

Washington, DC 20005-6562 

Kent Evans, Director, Air Quality Services, Consumers Energy 

Mike Johnston, Director of Regulatory Affairs, Michigan Manufacturers Association 

None 

, definition of "volatile 
MICHIGAN STATE IMPLEMENTATION PLAN 

- 4-

organic compound (VOC)", specifically, the removal ofT-butyl acetate (TBA) from the definition 

of VOC is acceptable but requiring record keeping, emissions reporting, and modeling, which is 

not required of the other excluded materials, is not acceptable. The rule requires the following 

for TBA: 

TBA is not a VOC for purposes of VOC emissions limitations or VOC content 

requirements but is a VOC for purposes of all record keeping, emissions reporting, 

photochemical dispersion modeling and inventory requirements, which apply to VOC 

and shall be uniquely identified in emission reports. 

AQD Response: The AQD does not believe the suggested revision is appropriate. The AQD 

has drafted the TBA exemption to be consistent with the federal definition of VOC, which 

includes the recordkeeping, emissions reporting, modeling and inventory requirement provisions 

for TBA To proceed with the definition as recommended by the commenter would likely result 

in a definition that would not be approved into Michigan's SIP by the EPA Sources choosing to 

use TBA without following the record keeping and reporting provisions as found in the federal 

rule would be subject to possible enforcement actions by the EPA However, the AQD will 

attempt to minimize the impact of the record keeping and reporting requirement by allowing the 

data to be made part of a company's annual MAERS emissions reporting. 

Date report completed: 

I March 26, 2007 

(SOAHR-JCAR June 2005) 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENTATION PLAN 

Department of Environmental Quality 

Opening Statement 

By: Marion Hart, Hearings Officer 

December 20, 2006 

Introduction 

Good morning ladies and gentlemen. My name is Marion Hart, and I am the Supervisor of the 

Administration Section in the Air Quality Division of the Michigan Department of Environmental 

Quality. I will be serving as the Hearing Officer for this public hearing on the revision of Parts 1 

and 2 of the Air Pollution Control Rules and the addition of Part 19. 

With me today are other DEQ staff who will be assisting with this hearing. Seated with me on 

my right are Jeffrey Rathbun, of the Permit Section, who prepared the rule revisions, and on my 

left Lynn Fiedler, Supervisor of the Permit Section, who is representing the Director of the 

Department of Environmental Quality, the decision-maker on administrative rules. 

Hearing Agenda 

To describe how this is going to work today, I will begin with some background information 

about why we are here today. I will then describe the purpose of the hearing and how your 

comments will be used. Following that, I will outline the procedures under which we will take 

your comments and then describe what will happen after today's hearing. It will then be your 

time to provide comments, and we will spend the majority of time today listening to those 

comments. At the end of the hearing, I will provide a short summary and closing. 

Background Information 

By way of background information, the Air Quality Division is responsible for protecting 

Michigan's air resources. The. law governing those responsibilities is Sections 5503, 5505, and 

5512 of Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection 

Act, 1994 PA 451, as amended .. We are here today for a public hearing on amendments to 

Parts 1 and 2 and the addition of Part 19 to the administrative rules for Air Pollution Control, 

SOAHR Nos. 2004-006EQ, 2004-00?EQ, and 2004-054EQ. 

I will now ask Jeff Rathbun to briefly summarize the proposed revisions. 

Purpose of Public Hearing 

In order for rule promulgation to occur, the DEQ must follow the procedures set forth in the 

Administration Procedures Act of 1969 and the State Office of Administrative Hearings and 

Rule's procedures. 

The purpose of today's hearing is to give anyone interested in the proposed rules an opportunity 

to provide information that the DEQ can use in making the decision. Please recognize that the 

DEQ can only use the information you provide if it relates to the criteria that the DEQ must use 

in making a decision. 

Procedures 

1 
MICHIGAN STATE IMPLEMENTATION PLAN 

In just a minute, I will outline the procedures we will use in taking your comments today. Before 

I do so, however, I need to mention that the notice of this hearing was published in the Oakland 

Press, Grand Rapids Press, Lansing State Journal, and Marquette Mining Journal on November 

16, 2006. The notice and proposed rules were also published in the Michigan Register on 

November 15, 2006. Copies of the hearing notice, Regulatory Impact Statement, proposed 

rules, and summary of the proposed rules were made available to those interested and are 

available here today. 

As you came today, you were given an opportunity to fill out a public comment card. We 

request that everybody fill out a card and indicate if you wish to make comments. We will use 

these cards to maintain a record of people interested in the proposed rules and to call upon 

those who want to make a statement today. To ensure that the hearing is conducted in a fair 

manner, we will follow these steps: 

1. I will call on those who have indicated on the cards that they would like to speak in the 

general order in which the cards were turned in. When all the cards have been 

completed, I will ask if anyone else would like to make a statement. 

2. When your name is called, please come to the microphone, face me, and make your 

statement. If you have written comments or materials you would like to present, please 

hand them to me as you come to the microphone. As you begin your comments, please 

state your name and any group or association you may represent. 

How the Information Will be Used 

This hearing is being recorded and your comments will be a part of the information the DEQ will 

consider in making its decision on the proposed rules. The public comment period for the 

proposed rules ends today at 5:00p.m. 

Following the public hearing, the DEQ staff will review all comments and prepare an Agency 

Report, which includes the response to comments. The Agency Report will be available on the 

DEQ website or by contacting the Air Quality Division office. The proposed rules and the 

Agency Report will be submitted to the State Office of Administrative Hearings and Rules and 

the Joint Committee on Administrative Rules. Following JCAR, the rules will be filed with the 

Secretary of State and become effective immediately. It is estimated this process will take 

approximately four to five months. 

Thank you for your attention. I will now begin calling the names of those who have indicated 

they would like to make a statement. 

Closing Statement 

Thank you for your comments and cooperation today. We appreciate your interest in _these 

proposed rules and that you took the time to be here today. 

As indicated at the beginning of the hearing, the closing date of the public comment period is 

today at 5:00p.m. and an Agency Report will be prepared. 

The hearing is now closed. Thank you again. 

2 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENTATION PLAN 

GRAND RAPIDS PRESS 
MICHIGAN STATE IMPLEMENT AT/ON PLAN 

LANSING STATE JOURNAL 
MICHIGAN STATE IMPLEMENTATION PLAN 

MARQUETTE MINING-JOURNAL 
County of Oakland } 

STATE OF MICHIGAN, ss. 

Mary Ward 

MICHIGAN STATE IMPLEMENTATION PLAN 

.............................................•.....................•.•..•.. being duly sworn, 

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daily in Oakland County, Michigan, and that I held such position 

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Public Notice 

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Michigan 

Register

Issue No. 20– 2006 (Published November 15, 2006) 
Michigan 

Register

Published pursuant to § 24.208 of 

The Michigan Compiled Laws 

Issue No. 20— 2006 

(This issue, published November 15, 2006, contains 

documents filed from October 15, 2006 to November 1, 2006)

Compiled and Published by the 

State Office of Administrative Hearings and Rules 
CONTENTS 

PROPOSED ADMINISTRATIVE RULES, 

NOTICES OF PUBLIC HEARINGS 

Department of Environmental Quality 

Air Quality Division (SOAHR # 2004-006) 

Part 1. General Provisions ................................................................................................2-16 

Department of Environmental Quality 

Air Quality Division (SOAHR # 2004-007) 

Part 2. Air Use Approval ..................................................................................................17-47

Department of Environmental Quality 

Air Quality Division (SOAHR # 2004-054) 

Part 19. New Source Review for Major Sources Impacting 

Nonattainment Areas ........................................................................................................48-72 

Department of Treasury 

Bureau of Bond Finance (SOAHR # 2005-096) 

School Bond Qualifications, Approval, and Loan Rules..................................................73-81 

Department of Community Health 

Director’s Office (SOAHR # 2006-044) 

Board of Psychology – General Rules..............................................................................82-92 

Department of Treasury 

Bureau of Bond Finance (SOAHR # 2006-060) 

General Sales and Use Tax Rules .....................................................................................93-99 

ENROLLED SENATE AND HOUSE 

BILLS SIGNED INTO LAW OR VETOED 

Table (2006 Session) ....................................................................................................................101-154 

MICHIGAN ADMINISTRATIVE CODE TABLE 

Table (2006 Session) ....................................................................................................................156-160 

CUMULATIVE INDEX 

Cumulative Index (2006) ..............................................................................................................161-166 
2006 MR 20 – November 15, 2006 

2 

PROPOSED ADMINISTRATIVE RULES 

SOAHR 2004-006 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

AIR POLLUTION CONTROL 

 Filed with the Secretary of State on 

 These rules become effective immediately upon filing with the Secretary of State unless adopted under 

sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 

days after filing with the Secretary of State. 

(By authority conferred on the director of the department of environmental quality by sections 5503, 

5505, and 5512 of 1994 PA 451, MCL 324.5503, 324.5505, and 324.5512, and Executive 

Reorganization Order No. 1995-18, MCL 324.99903) 

Draft January 21, 2005 

 R 336.1102, R 336.1103, R 336.1104, R 336.1105, R 336.1109, R 336.1112, R 336.1113, R 336.1114, 

and R 336.1122 of the Michigan Administrative Code are amended as follows: 

PART 1. GENERAL PROVISIONS 

R 336.1102 Definitions; B. 

 Rule 102. As used in these rules: 

 (a) "Best available control technology for toxics" or "T-BACT" means the maximum degree of 

emission reduction which the department determines is reasonably achievable for each process that 

emits toxic air contaminants, taking into account energy, environmental, and economic impacts and 

other costs. 

 (b) "Best available information" means data which serves as the basis for a risk assessment. Such 

information may be taken from the scientific literature or the integrated risk information system 

database maintained by the United States environmental protection agency or from other databases, as 

appropriate. The term includes other pertinent studies or reports containing data which the department 

finds to be of adequate quality for use in the risk assessment. 

 (c) "Black coating" means a coating which meets both of the following criteria: 

 (i) Maximum lightness: 23 units. 

 (ii) Saturation: less than 2.8, where saturation equals the square root of A2 + B2. 

These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular 

included, maximum lightness is 33 units. 

 (d) "Blending tank," as it pertains to R 336.1631, means any vessel in which organic resin and solvent 

or other materials are added to produce a product blend. 

 (e) "Breakthrough," with respect to a carbon adsorption system, means a condition in which the carbon 

bed is saturated with a volatile organic compound to the extent that the control efficiency of the system 
2006 MR 20 – November 15, 2006 

3 

is substantially reduced. (f)(e) "Business machine" means a device that uses electronic or mechanical 

methods to process information, perform calculations, print or copy information or convert sound into 

electrical impulses for transmission, including devices listed in standard industrial classification 

numbers 3572, 3573, 3574, 3579, and 3661 and photocopy machines, a subcategory of standard 

industrial classification number 3861. 

R 336.1103 Definitions; C. 

 Rule 103. As used in these rules: 

 (a) "Calendar day" means a 24-hour time period which normally is midnight to midnight, but which 

may, upon written notification to the department, cover a different, consecutive 24-hour time period for 

a specific process. 

 (b) "Capacity factor" means the ratio of the average load on a machine or equipment for the period of 

time considered to the capacity rating of the machine or equipment. 

 (c) "Carcinogen" means any of the following: 

 (i) Group A -- Any substance for which there is sufficient evidence from human epidemiological 

studies to support a causal association between exposure to the agent and cancer. 

 (ii) Group B -- Any substance for which the weight of evidence of human carcinogenicity based on 

epidemiological studies is limited evidence or for which the weight of evidence of carcinogenicity based 

on animal studies is sufficient evidence. 

 (iii) Group C -- Any substance for which there is limited evidence of carcinogenicity in animals in the 

absence of human data and which causes a significant increased incidence of benign or malignant 

tumors in a single, well-conducted animal bioassay. 

 (d) "Charging period," with respect to coke ovens utilizing larry car charging methodology, means the 

total time taken between the point at which the coal starts flowing into the oven and the point at which 

the leveling door and the charging holes are closed with their respective lids after the coal from the larry 

car hoppers is emptied into the oven being charged through the respective charging holes and the coal 

has been leveled in the oven. "Charging period," with respect to coke ovens utilizing pipeline charging 

methodology, means the total time taken from the time at which the coal starts flowing into an oven by 

opening the preheated coal inlet valve to the time at which the coal flow ends when the inlet valve is 

closed. 

 (e) "Class II hardboard paneling finish" means a finish that meets the specifications of voluntary 

product standard PS-59-73, as approved by the American national standards institute. 

 (f) "Clean air act" means chapter 360, 69 stat. 322, 42 U.S.C. §§7401 to 7431, 7470 to 7479, 7491 to 

7492, 7501 to 7509a, 7511 to 7515, 7521 to 7525, 7541 to 7545, 7547 to 7550, 7552 to 7554, 7571 to 

7574, 7581 to 7590, 7601 to 7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641 to 7642, 7651 to 

7651o, 7661 to 7661f, and 7671 to 7671q and regulations promulgated under the clean air act. 

 (g) “Clean charge” means furnace charge materials, including molten metal; t-bar; sow; ingot; billet; 

pig; alloying elements; uncoated/unpainted thermally dried metal chips; metal scrap dried at 343 degrees 

Celsius (650 degrees Fahrenheit) or higher; metal scrap delacquered/decoated at 482 degrees Celsius 

(900 degrees Fahrenheit) or higher; other oil and lubricant-free unpainted/uncoated gates and risers; oil 

and lubricant-free unpainted/uncoated scrap, shapes, or products (for example, pistons) that have not 

undergone any process (for example, machining, coating, painting) that would cause contamination of 

the metal (with oils, lubricants, coatings, or paints) and on-site runaround. 

 (h) "Clear coating" means a coating which lacks color and opacity or is transparent and which uses the 

undercoat as a reflectant base or undertone color. 

 (i) "Clinical testing of pharmaceuticals" means human or animal health studies conducted consistent 

with applicable government regulations, guidelines, or directions for approval of a pharmaceutical 
2006 MR 20 – November 15, 2006 

4 

product, such as those monitored by the United States food and drug administration for the purpose of 

determining any of the following with respect to a drug: 

 (i) Pharmacological action. 

 (ii) Preferred route of administration. 

 (iii) Safe dosage range. 

 (iv) Optimum dosage schedule. 

 (v) Safety and effectiveness. 

 (vi) Product label indications. 

 (j) "Coating category" means a type of surface coating for which there is a separate emission limit 

specified in these rules. 

 (k) "Coating line" means an operation which is a single series in a coating process and which is 

comprised of 1 or more coating applicators and any associated flash-off areas, drying areas, and ovens 

wherein 1 or more surface coatings are applied and subsequently dried or cured. 

 (l) "Coating of automobiles and light-duty trucks" means the application of prime, primer surfacer, 

topcoat, and final repair to sheet metal and metallic body components during assembly of a vehicle. 

Examples of these sheet metal and metallic body components include all of the following: 

 (i) Bodies. 

 (ii) Fenders. 

 (iii) Cargo boxes. 

 (iv) Doors. 

 (v) Grill openings. 

 (m) "Coating of cans" means exterior coating and interior spray coating in 2-piece can lines; interior 

and exterior coating in sheet coating lines for 3-piece cans; side seam spray coating and interior spray 

coating in can fabricating lines for 3-piece cans; and sealing compound application and sheet coating in 

end coating lines. 

 (n) "Coating of coils" means the coating of any flat metal sheet or strip that comes in rolls or coils. 

 (o) "Coating of fabric" means the application of any type of coating to flat sheets of a textile substrate, 

including the application of coatings by saturation or impregnation. 

 (p) "Coating of flat wood paneling" means the factory-finished coating of flat products which are 

constructed of wood and which are intended for use as interior paneling. This definition does not apply 

to the coating of flat wood products intended for use as exterior siding, tileboard, cabinets, or furniture 

components. 

 (q) "Coating of large appliances" means the coating of the component metal parts of residential and 

commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash 

compactors, air conditioners, and other associated products. Examples of these component metal parts 

include all of the following: 

 (i) Doors. 

 (ii) Cases. 

 (iii) Lids. 

 (iv) Panels. 

 (v) Interior support parts. 

 (r) "Coating of metal furniture" means the coating of any furniture made of metal and includes the 

coating of any metal part that is or shall be assembled with other metal, wood, fabric, plastic, or glass 

parts to form a furniture piece. 

 (s) "Coating of paper" means the application of any decorative, functional, or saturation coating 

applied across the entire width of any flat sheet or pressure-sensitive tape, regardless of substrate, or 

applied across a partial width of any flat sheet or pressure-sensitive tape, regardless of substrate, if this 

partial coverage is not considered to be an operation or series of operations that is included in the 
2006 MR 20 – November 15, 2006 

5 

definition of graphic arts line in R 336.1107(e). These applications and substrates include paper, fabric, 

or plastic film; related wet-coating processes on plastic film, including typewriter ribbons, photographic 

film, and magnetic tape; and decorative coatings on metal foil, including gift wrapping and packaging. 

 (t) "Coating of plastic parts of automobiles and trucks" means the coating of any plastic part that is or 

shall be assembled with other parts to form an automobile or truck. 

 (u) "Coating of plastic parts of business machines" means the coating of any plastic part that is or shall 

be assembled with other parts to form a business machine. 

 (v) "Coating of vinyl" means any printing, decorative coating, or protective topcoat applied over 

vinyl-coated fabric or vinyl rolls or sheets. Coating of vinyl does not include the application or 

plastisols. 

 (w) "Coke battery" means a series of coke ovens arranged side by side with an integral heating system. 

 (x) "Coke oven" means a chamber in which coal is destructively distilled to yield coke. 

 (y) "Cokeside," with respect to a coke oven, means that side of the coke oven through which coke is 

discharged. 

 (z) "Coking cycle" means the time during which coal undergoes destructive distillation in a coke oven. 

It commences at the end of the charging period and ends at the beginning of the pushing operation, but 

does not include any decarbonization periods. 

 (aa) "Cold cleaner" means a tank containing organic solvent at a temperature below its boiling point 

which is used to spray, brush, flush, or immerse a metallic object for the purpose of cleaning or 

degreasing. 

 (bb) "Commence" means that the owner or operator has all necessary pre-construction approvals or 

permits and has either begun or caused to begin a continuous program of actual on-site construction of a 

process or process equipment that will be completed within a reasonable time or entered into a binding 

agreement or obligation, which cannot be canceled or modified without substantial loss to the owner or 

operator, to undertake a program of actual construction of the process or process equipment to be 

completed within a reasonable time. For the purpose of this subrule, “begin actual construction” means 

initiation of physical on-site construction activities on an emissions unit which are of a permanent 

nature. Examples of these activities include installation of building supports and foundations, laying of 

underground pipework, and construction of permanent storage structures. These activities do not 

include site clearance and other preliminary work not prohibited by the clean air act. With respect to a 

change in method of operating, this term refers to those on-site activities other than preparatory 

activities which mark the initiation of the change. (cc)(bb) "Commercial location" means a publicly or 

privately owned place where persons are engaged in the exchange or sale of goods or services and 

multiple housing units designed for 3 or more families, except for elementary and secondary schools and 

facilities owned and operated by the state government. A separate building or group of buildings used 

for the exchange or sale of goods or services and having a single owner and manager constitutes a 

separate commercial location. 

 (dd)(cc) "Completed organic resin" means organic resin solids, solvents, and additives as deliverable 

for sale or use, including a dry organic resin. 

 (ee)(dd) "Compliance plan" means a description of the compliance status of a source with respect to 

all applicable requirements for each process or process equipment as follows: 

 (i) For applicable requirements with which the source is in compliance, a statement that the source will 

continue to comply with the requirements. 

 (ii) For applicable requirements that will become effective during the permit term, a statement that the 

source will meet the requirements on a timely basis. 
2006 MR 20 – November 15, 2006 

6 

 (iii) For applicable requirements for which the stationary source is not in compliance at the time of 

permit issuance, a narrative description of how the stationary source will achieve compliance with the 

requirements. 

 (ff)(ee) "Component" means 1 of the following: 

 (i) As it pertains to the provisions of R 336.1622, "component" means any piece of equipment that has 

the potential to leak a volatile organic compound and includes all of the following: 

 (A) Pump seals. 

 (B) Compressor seals. 

 (C) Seal oil degassing vents. 

 (D) Pipeline valves. 

 (E) Flanges and other connections. 

 (F) Pressure-relief devices. 

 (G) Process drains. 

 (H) Open ended pipes. 

 (ii) As it pertains to the provisions of R 336.1628, "component" means all of the following: 

 (A) Compressor seals. 

 (B) Process valves in light liquid or gaseous volatile organic compound service. 

 (C) Pressure-relief valves in gaseous volatile organic compound service. 

 (D) Seals of pumps in light liquid service. 

 (iii) As it pertains to the provisions of R 336.1629, "component" means all of the following: 

 (A) Compressor seals. 

 (B) Process valves. 

 (C) Pressure-relief valves. 

 (D) Pump seals. 

This definition does not include a valve that is not externally regulated, that is, a valve which has no 

external controls and thus does not have the potential to leak a volatile organic compound. 

 (gg)(ff) "Component in field gas service" means a component that processes, transfers, or contains 

field gas. 

 (hh)(gg) "Component in gaseous volatile organic compound service" means a component that 

processes, transfers, or contains a volatile organic compound in the gaseous phase under actual 

conditions. 

 (ii)(hh) "Component in heavy liquid service" means a component that processes, transfers, or contains 

heavy liquid. 

 (jj)(ii) "Component in light liquid service" means a component that contacts a light liquid containing 

more than 10% volatile organic compound by weight. 

 (kk)(jj) "Component in liquid volatile organic compound service" means a component that processes, 

transfers, or contains a volatile organic compound in the liquid phase under actual conditions. 

 (ll)(kk) "Condenser" means a device that effects the removal of an air contaminant from an exhaust 

stream by a physical change of state from a vapor to a liquid or solid form. 

 (mm) "Contemporaneous," with respect to a net emissions increase, means an increase or decrease in 

actual emissions that occurs between the date 5 years before construction on a particular change 

commences and the date that the increase from a particular change occurs. (nn)(ll) "Control equipment" 

means air pollution control equipment. 

 (oo)(mm) "Conventional air-atomizing spray equipment" means a device which is designed to atomize 

and direct fluid material solely through the use of compressed air and which is capable of operating at 

air pressures of more than 10 pounds per square inch. 
2006 MR 20 – November 15, 2006 

7 

 (pp)(nn) "Conveyorized cold cleaner" means any continuous system that transports metallic objects 

through a bath containing organic solvent at a temperature below its boiling point for the purpose of 

cleaning or degreasing. 

 (qq)(oo) "Conveyorized vapor degreaser" means any continuous system that transports metallic 

objects through or over, or through and over, a bath containing organic solvent that is heated to its 

boiling point for the purpose of cleaning or degreasing. 

 (rr) "Creditable," with respect to a net emissions increase, means all of the following:

 (i) An increase in actual emission to the extent that the new level of actual emissions exceeds the old 

level of actual emissions.

 (ii) A decrease in actual emission to the extent that this decrease meets all of the following provisions:

 (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) The new level of actual emissions is legally enforceable at and after the time that construction of 

the particular change commences.

 (C) The decrease in emissions has approximately the same qualitative significance for public health 

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

 (D) The decrease in emissions has not been relied upon for the issuance of any permit subject to the 

provisions of R 336.1201, R 336.1220, 40 C.F.R. part 71, or 40 C.F.R. part 70, or the decrease has not 

been used in demonstrating attainment or reasonable further progress towards attainment of the 

standards.

 (E) The process or process equipment actually operated and emitted an air contaminant.

 (iii) An increase or decrease that was not a part of a permit to install issued pursuant to any applicable 

federal or state offset rule, which permit is in effect when the increase in actual emissions from the 

particular change occurs.

 (ss)(pp) "Cutback paving asphalt" means asphalt cement which has been liquefied by blending with a 

volatile organic compound and which is used for the purpose of paving or repairing, or paving and 

repairing, a road surface. 

 (tt)(qq) "Cycle of operation," with respect to continuous emission monitoring systems, means the total 

time a monitoring system requires to sample, analyze, and record an emission measurement. 

R 336.1104 Definitions; D. 

 Rule 104. As used in these rules: 

 (a) "Dampered-off coke oven" means a coke oven that is isolated from the coke oven gas collector 

main by closing every damper valve on all standpipes of that oven during the decarbonization period. 

 (b)(a) "Decarbonization period," with respect to coke ovens, means the time for combusting carbon 

formed at the oven roof and in the standpipe assembly. The decarbonization period commences when a 

charging-hole lid or lids or a standpipe lid or lids are removed or opened near the end of the coking 

cycle and ends with the initiation of the next charging period. 

 (c)(b) "Delivery vessel" means any tank truck, tank-equipped trailer, railroad tank car, or any similar 

vessel equipped with a storage tank used for the transport of a volatile organic compound from sources 

of supply to any stationary vessel. 

 (d)(c) “Demolition waste material” means waste building materials that result from demolition 

operations on houses and commercial and industrial buildings. 

 (e)(d) "Department" means the director of the department of environmental quality or his or her 

designee. 

 (f)(e) "Difficult-to-monitor component" means a component that can only be monitored by elevating 

the monitoring personnel more than 6 feet above a support surface. 
2006 MR 20 – November 15, 2006 

8 

 (g)(f) "Dry organic resin" means the organic resin solids from which all liquids have been removed, as 

deliverable for sale or use. 

 (h)(g) "Dispensing facility" means a location where gasoline is transferred to a motor vehicle tank 

from a stationary vessel. 

R 336.1105 Definitions; E. 

 Rule 105. As used in these rules: 

 (a) "Electrostatic prep coat" means a coating that is applied to a plastic part solely to provide 

conductivity for the subsequent application of a prime, a topcoat, or other coating through the use of 

electrostatic application methods. An electrostatic prep coat is clearly identified as an electrostatic prep 

coat on its accompanying material safety data sheet. 

 (b) "Emission unit" means any part of a stationary source that emits or has the potential to emit an air 

contaminant. Examples of emission units include the following: 

 (i) A fossil fuel-fired, steam-generating unit. 

 (ii) A topcoat painting line. 

 (iii) A solid waste incinerator. 

 (iv) A clinker cooler at a portland cement plant. 

 (v) A process unit at a chemical plant. 

 (c) "Equipment utilized in the manufacturing of synthesized pharmaceutical products" means 

equipment associated with the storage, transfer, or manufacturing of pharmaceutical products, including 

raw materials and intermediate products, by chemical synthesis. This definition does not include 

equipment associated with the manufacturing of pharmaceutical products by fermentation or extraction, 

the formulation or packaging of bulk pharmaceuticals, or the processing of waste resulting from 

pharmaceutical synthesis. 

 (d) "Equivalent method," with respect to source sampling, means a method or set of procedures for 

obtaining source samples that has been demonstrated to the department's satisfaction to have a consistent 

and quantitatively known relationship to an applicable reference test method. 

 (e) "Excess air" means any air in excess of the amount of air required for complete combustion of a 

material as determined by using reference test method 3 of appendix A to the department's rules. 

 (f) "Excess emissions" means emissions of an air contaminant in excess of any applicable emission 

limitation. 

 (g) "External floating roof stationary vessel" means an open top stationary vessel equipped with a 

cover or roof which rests upon and is supported by the liquid being contained and which has a closure 

seal or seals to reduce the space between the cover or roof edge and the vessel wall. 

 (h) "Extreme environmental conditions" means any of the following: 

 (i) Outdoor weather. 

 (ii) Temperatures consistently above 95 degrees Celsius (203 degrees Fahrenheit). 

 (iii) Detergents. 

 (iv) Abrasive and scouring agents. 

 (v) Solvents. 

 (vi) Corrosive atmospheres. 

 (vii) Other similar harsh conditions. 

 (i) "Extreme performance coating" means a coating which is designed to protect a coated part from 

extreme environmental conditions and which is applied to a part that, in its use as a finished product, is 

intended to be subjected to extreme environmental conditions. 

R 336.1109 Definitions; I. 
2006 MR 20 – November 15, 2006 

9 

 Rule 109. As used in these rules: 

 (a) "Incinerator" means a device specifically designed for the destruction, by burning, of garbage or 

other combustible refuse or waste material, or both, in which the products of combustion are emitted 

into the outer air by passing through a stack or chimney. 

 (b) "Indian governing body" means the governing body of any tribe, band, or group of Indians subject 

to the jurisdiction of the United States and recognized by the United States as possessing the power of 

self-government.

 (c)(b) "Inhalation reference concentration" or "RfC" means a conservative estimate of the daily 

exposure to the human population, including sensitive subgroups, that is likely to be without appreciable 

risk of deleterious effect during a lifetime. The inhalation reference concentration is for continuous 

inhalation exposures and is expressed in units of milligrams per cubic meter (mg/m3). 

 (d)(c) "Initial risk screening level" means the concentration of a possible, probable, or known human 

carcinogen in ambient air which has been calculated for regulatory purposes, according to the risk 

assessment procedures in R 336.1229(1), to produce an estimated upper-bound lifetime cancer risk of 1 

in 1,000,000. 

 (e)(d) "Initial threshold screening level" means a concentration of toxic air contaminant in the ambient 

air which is used to evaluate noncarcinogenic health effects from a proposed new or modified process 

and which is calculated, for regulatory purposes, according to the procedures in R 336.1229(2). 

 (f)(e) "Insulation of magnet wire" means the process of coating aluminum or copper electrical wire by 

application of a nonconductive material, such as varnish or enamel. 

 (g) "Internal floating roof stationary vessel" means a fixed roof stationary vessel equipped with a 

cover or roof which rests upon and is supported by the liquid being contained and which has a closure 

seal or seals to reduce the space between the cover or roof edge and the vessel wall.

R 336.1112 Definitions; L. 

 Rule 112. As used in these rules: 

 (a) "Light-duty truck" means any motor vehicle which is rated at not more than 8,500 pounds gross 

vehicle weight and which is designed primarily for the transportation of property, including pickups, 

vans, and window vans. 

 (b) "Light liquid," as it pertains to R 336.1628, means a liquid that contains 1 or more volatile organic 

compounds which have vapor pressures of more than 0.04 psia at 20 degrees Centigrade if the total 

concentration of the pure volatile organic compounds which have vapor pressures of more than 0.04 psia 

at 20 degrees Centigrade is equal to or greater than 20%, by weight, of the liquid and if the fluid is a 

liquid at operating conditions. 

 (c) "Limited evidence," a term of art, means either of the following: 

 (i) In human epidemiological studies, the data indicate that a causal relationship between the agent and 

human cancer is credible, but that alternative explanations, such as chance, bias, or confounding 

variables, could not be adequately excluded. 

 (ii) In animal studies, data suggest a carcinogenic effect, but are limited because of any of the 

following: 

 (A) The studies involve a single species, strain, or experiment and do not meet criteria for sufficient 

evidence. 

 (B) The experiments are restricted by any of the following: 

 (1) Inadequate dosage levels. 

 (2) Inadequate duration or exposure to the agent. 

 (3) Inadequate period of follow-up. 

 (4) Poor survival. 
2006 MR 20 – November 15, 2006 

10 

 (5) Too few animals. 

 (6) Inadequate reporting. 

 (C) The data show an increase in the incidence of benign tumors only. 

 (d) "Linerized Linearized multistage computer model" means a dose-response model which assumes 

that there are a number of distinct biological stages or changes that must occur for a normal cell to be 

transformed into a tumor and which assumes the dose-response relationship to be linear at low doses. 

 (e) "Loading facility" means a location where volatile organic compounds are received from sources 

of supply and are stored for later delivery to another facility. 

 (f) "Lowest achievable emission rate" means the more stringent of the following:

 (i) The most stringent emission limitation which is contained in the implementation plan of any state 

for such class or category of process or process equipment, unless the owner or operator of the proposed 

major offset source or major offset modification demonstrates that such limitation is not achievable.

 (ii) The most stringent emission limitation which is achieved in practice by such class or category of 

process or process equipment.

R 336.1113 Definitions; M. 

 Rule 113. As used in these rules: 

 (a) "Major nonattainment air contaminant" means a nonattainment air contaminant for which the 

potential to emit is significant for a proposed major offset source or for which there is a significant net 

emissions increase for a proposed major offset modification.

 (b) "Major offset modification" means the addition of a process or process equipment or a physical 

change in, or change in the method of operation of, a process or process equipment at a major offset 

source which results in a significant net emissions increase of any air contaminant regulated under the 

clean air act.

 (c) "Major offset source" means either of the following:

 (i) A stationary source which has a potential to emit of 100 or more tons per year of any air 

contaminant regulated under the clean air act.

 (ii) A particular change at a minor offset source which results in an increase in the potential to emit of 

100 or more tons per year of any air contaminant regulated under the clean air act.

 (d)(a) "Malfunction" means any sudden, infrequent and not reasonably preventable failure of a source, 

process, process equipment, or air pollution control equipment to operate in a normal or usual manner. 

Failures that are caused in part by poor maintenance or careless operation are not malfunctions. 

 (e) "Manufacturing location" means a place where a person is engaged in the making of goods or 

wares, including the generation of electricity in the processing of material or primarily in the disposal or 

treatment of solid or liquid waste. For the purpose of assessing a surveillance fee, "manufacturing 

location" includes all such places, whether publicly or privately owned and contained within 1 

geographical site, except places owned and operated by the state government. A power plant, as defined 

in table 42 of R 336.1401, constitutes a separate manufacturing location when used to supply steam or 

energy to more than 1 other manufacturing or commercial location. In any case, a power plant that has a 

capacity of more than 500,000 pounds of steam per hour is considered a separate manufacturing 

location. For a large industrial complex or other unusual cases, the department may determine that the 

complex constitutes more than 1 manufacturing location, based on such factors as separate corporate 

operating divisions, units, or sections.

 (f)(b) "Market testing and market development" means the limited or general distribution of a product 

to the consumer to gather information concerning the demand for the product. 
2006 MR 20 – November 15, 2006 

11 

 (g)(c) "Material handling equipment," as referenced in table 31, means a device, contrivance, or 

equipment used to bag, blend, convey, crush, grind, load, mill, mix, shed, store, transfer, or unload a 

physical substance. 

 (h)(d) "Material recovery equipment" means any equipment utilized in the transport and recovery of 

styrene monomer and other impurities from other products and by-products in the manufacture of 

polystyrene resin by continuous process, including the styrene devolatilizer unit and styrene recovery 

unit. 

 (i) "Minor offset source" means a stationary source which has a potential to emit of less than 100 tons 

per year for each air contaminant regulated under the clean air act.

 (j)(e) "Modify" means making a physical change in, or change in the method of operation of, existing 

process or process equipment which increases the amount of any air contaminant emitted into the outer 

air which is not already allowed to be emitted under the conditions of a permit or order or which results 

in the emission of any toxic air contaminant into the outer air not previously emitted. An increase in the 

hours of operation or an increase in the production rate up to the maximum capacity of the process or 

process equipment shall not be considered to be a change in the method of operation unless the process 

or process equipment is subject to enforce-able permit conditions or enforceable orders which limit the 

production rate or the hours of operation, or both, to a level below the proposed increase. 

 (k)(f) "Motor vehicle" means any self-propelled vehicle registered for, or requiring registration for, 

use on the highway. 

R 336.1114 Definitions; N. 

 Rule 114. As used in these rules: 

 (a) "Natural finish hardwood plywood panel" means a panel that has its original grain pattern 

enhanced by essentially transparent finishes frequently supplemented by fillers and toners. 

 (b) "Natural gas processing plant" means a stationary source where the extraction of natural gas 

liquids from field gas or the fractionation of the liquids into natural gas products, such as ethane, 

propane, butane, and natural gasoline, takes place. 

 (c) "Natural gas process unit" means process equipment assembled for the extraction of natural gas 

liquids from field gas, the fractionation of the liquids into natural gas products, or other operations 

associated with the processing of natural gas products. A natural gas process unit may operate 

independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the 

products. 

 (d) "Nearby" means, with respect to good engineering practice design stack heights, a distance of up to 

5 times the lesser of the height or the width dimension of a structure, but not more than 0.8 kilometers 

(0.5 miles). The height of the structure is measured from the ground level elevation at the base of the 

stack. 

 (e) "Net emissions increase" means, to the extent that a particular change results in an increase in 

actual emissions from the process or process equipment, the amount by which the sum of both of the 

following exceeds zero:

 (i) The increase in actual emissions from a particular change.

 (ii) Any decreases and any other increases in actual emissions from other processes or process 

equipment at the stationary source which are contemporaneous with the particular change and are 

creditable.

 (f) "Nonattainment air contaminant" means an air contaminant which may be emitted from a process 

or process equipment which is located in a designated nonattainment area for such air contaminant. 

Volatile organic compounds which may be emitted from a process or process equipment which is 

located in a designated ozone nonattainment area shall be considered a "nonattainment air contaminant." 
2006 MR 20 – November 15, 2006 

12 

Nitrogen oxides that may be emitted from a process or process equipment which is located in a moderate 

ozone nonattainment area shall be considered a "nonattainment air contaminant."

 (g)(e) "Nonattainment area" means an area designated as not having attained full compliance with any 

national ambient air quality standard pursuant to section 107(D) of the clean air act. Such designation 

shall be air contaminant specific and shall not mean that an area is a nonattainment area for any other air 

contaminant unless so specified. The department shall maintain a list of designated nonattainment areas 

and shall update the list when air quality monitoring or modeling data warrant. For certain air 

contaminants, nonattainment areas are classified for the purposes of applying an attainment date, or for 

other purposes, in accordance with procedures established pursuant to the clean air act, as amended, 42 

U.S.C. §7401 et seq. For ozone nonattainment areas, classifications have been established as follows: 

 (i) Nonclassifiable. 

 (ii) Marginal. 

 (iii) Moderate. 

 (iv) Serious. 

 (v) Severe. 

 (vi) Extreme. 

R 336.1122 Definitions; V. 

 Rule 122. As used in these rules: 

 (a) "Vacuum-metalizing coatings" means topcoats and basecoats that are used in the vacuummetalizing process. 

 (b) "Vacuum-producing system" means any device that creates a pressure below atmospheric, such as 

a pump or steam ejector with condenser, including hot wells and accumulators. 

 (c) "Vapor collection system," as it pertains to R 336.1627, means all piping, seals, hoses, 

connections, pressure-vacuum vents, and any other equipment between and including the delivery vessel 

and a stationary vessel, vapor processing unit, or vapor holder. 

 (d) "Very large precipitator" means an electrostatic precipitator that has a specific plate collection area 

of 600 square feet or more per 1,000 actual cubic feet per minute gas flow. 

 (e) "Visible emission" means any emissions that are visually detectable without the aid of instruments. 

 (f) "Volatile organic compound" means any compound of carbon or mixture of compounds of carbon 

that participates in photochemical reactions, excluding the following materials, all of which have been 

determined by the United States environmental protection agency to have negligible photochemical 

reactivity: 

 (i) Carbon monoxide. 

 (ii) Carbon dioxide. 

 (iii) Carbonic acid. 

 (iv) Metallic carbides or carbonates. 

 (v) Boron carbide. 

 (vi) Silicon carbide. 

 (vii) Ammonium carbonate. 

 (viii) Ammonium bicarbonate. 

 (ix) Methane. 

 (x) Ethane. 

 (xi) The methyl chloroform portion of commercial grades of methyl chloroform, if all of the following 

provisions are complied with: 

 (A) The commercial grade of methyl chloroform is used only in a surface coating or coating line that 

is subject to the requirements of part 6 or 7 of these rules. 
2006 MR 20 – November 15, 2006 

13 

 (B) The commercial grade of methyl chloroform contains no stabilizers other than those listed in table 

11. 

 (C) Compliance with the applicable limits specified in part 6 or 7 of these rules is otherwise not 

technically or economically reasonable. 

 (D) All measures to reduce the levels of all organic solvents, including the commercial grade of 

methyl chloroform, from the surface coating or coating line to the lowest reasonable level will be 

implemented. 

 (E) The emissions of the commercial grade of methyl chloroform do not result in a maximum ambient 

air concentration exceeding any of the allowable ambient air concentrations listed in table 11. 

 (F) The use of the commercial grade of methyl chloroform is specifically identified and allowed by a 

permit to install, permit to operate, or order of the department. 

 (G) Table 11 reads as follows: 

TABLE 11 

Commercial grade of methyl chloroform -- 

allowable ambient air concentrations 

Compound ppm1 Time2 

Methyl chloroform 3.5 1 hour 

Tertiary butyl alcohol3 1.0 1 hour 

Secondary butyl alcohol3 1.0 1 hour 

Methylal3 10.0 1 hour 

1,2-butylene oxide3 0.028 

and 

0.00041 

1 hour 

annual 

1.Parts per million, by volume 

2.Averaging time period 

3.This compound is a stabilizer 

 (xii) The methyl chloroform portion of commercial grades of methyl chloroform that contain any other 

stabilizer not listed in table 11 of this rule, if all of the following provisions are complied with: 

 (A) The commercial grade of methyl chloroform is used only in a surface coating or coating line that 

is subject to the requirements of part 6 or 7 of these rules. 

 (B) Compliance with the applicable limits specified in part 6 or 7 of these rules is otherwise not 

technically or economically reasonable. 

 (C) All measures to reduce the levels of all organic solvents, including the commercial grade of 

methyl chloroform, from the surface coating or coating line to the lowest reasonable level will be 

implemented. 

 (D) The emissions of any compound in the commercial grade of methyl chloroform that is listed in 

table 11 of this rule do not result in a maximum ambient air concentration exceeding any of the 

allowable ambient air concentrations listed in table 11. 

 (E) The emission of all compounds in the commercial grade of methyl chloroform that are not listed in 

table 11 is demonstrated to comply with R 336.1901. 

 (F) The use of the commercial grade of methyl chloroform is specifically identified and allowed by a 

permit to install, permit to operate, or order of the department. 
2006 MR 20 – November 15, 2006 

14 

 (xiii) Acetone. 

 (xiv) Cyclic, branched, or linear completely methylated siloxanes. 

 (xv) Parachlorobenzotrifluoride. 

 (xvi) Perchloroethylene. 

 (xvii) Trichlorofluoromethane (CFC-11). 

 (xviii) Dichlorodifluoromethane (CFC-12). 

 (xix) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113). 

 (xx) 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114). 

 (xxi) Chloropentafluoroethane (CFC-115). 

 (xxii) 1,1-dichloro 1-fluoroethane (HCFC-141b). 

 (xxiii) 1,chloro 1,1-difluoroethane (HCFC-142b). 

 (xxiv) Chlorodifluoromethane (HCFC-22). 

 (xxv) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123). 

 (xxvi) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124). 

 (xxvii) Trifluoromethane (HFC-23). 

 (xxviii) Pentafluoroethane (HFC-125). 

 (xxix) 1,1,2,2-tetrafluoroethane (HFC-134). 

 (xxx) 1,1,1,2-tetrafluoroethane (HFC-134a). 

 (xxxi) 1,1,1-trifluoroethane (HFC-143a). 

 (xxxii) 1,1-difluoroethane (HFC-152a). 

 (xxxiii) 3,3-dichloro-1, 1,1,2,2-pentafluoropropane (HCFC-225ca). 

 (xxxiv) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb). 

 (xxxv) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee). 

 (xxxvi) Difluoromethane (HFC-32). 

 (xxxvii) Ethyl fluoride (HFC-161). 

 (xxxviii) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa). 

 (xxxix) 1,1,2,2,3-pentafluoropropane (HFC-245ca). 

 (xl) 1,1,2,3,3- pentafluoropropane ( HFC-245ea). 

 (xli) 1,1,1,2,3- pentafluoropropane (HFC-245eb). 

 (xlii) 1,1,1,3,3- pentafluoropropane (HFC-245fa). 

 (xliii) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea). 

 (xliv) 1,1,1,3,3-pentafluorobutane (HFC365mfc). 

 (xlv) Chlorofluoromethane (HCFC-31). 

 (xlvi) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a). 

 (xlvii) 1-chlor-1-fluoroethane (HCFC-151a). 

 (xlviii) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100). 

 (xlix) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane. 

 (l) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200). 

 (li) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane. 

 (lii) Methyl acetate. 

 (liii) Perfluorocarbon compounds that fall into the following classes: 

 (A) Cyclic, branched, or linear, completely fluorinated alkanes. 

 (B) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations. 

 (C) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations. 

 (D) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon 

and fluorine. 

 (liv) Methylene chloride. 
2006 MR 20 – November 15, 2006 

15 

 (lv) 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE-7000). 

 (lvi) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500). 

 (lvii) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea). 

 (lviii) Methyl formate (HCOOCH3). 

 (lix) T-butyl acetate is not a volatile organic compound for purposes of volatile organic 

compound emissions limitations or volatile organic compound content requirements but is a 

volatile organic compound for purposes of all recordkeeping, emissions reporting, photochemical 

dispersion modeling and inventory requirements, which apply to volatile organic compounds and 

shall be uniquely identified in emission reports. 

The methods described in R 336.2004 and R 336.2040 shall be used for measuring volatile organic 

compounds for purposes of determining compliance with emission limits. Where such a method also 

measures compounds with negligible photochemical reactivity, these negligibly-photochemical reactive 

compounds may be excluded as volatile organic compounds if the amount of such compounds is 

accurately quantified and such exclusion is approved by the department. 
2006 MR 20 – November 15, 2006 

16 

NOTICE OF PUBLIC HEARING 

SOAHR 2004-006 

NOTICE OF PUBLIC HEARING 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

The Michigan Department of Environmental Quality (DEQ), Air Quality Division, will conduct a public hearing 

on proposed administrative rules promulgated pursuant to Part 55, Air Pollution Control, of the Natural Resources 

and Environmental Protection Act, 1994 PA 451, as amended (Act 451). The proposed rules will amend the air 

permit programs by adding Part 19, New Source Review (NSR) Impacting Nonattainment Areas for submittal to 

the U.S. Environmental Protection Agency as a revision to the State Implementation Plan. In addition, the 

proposed rules will modify the definitions in Part 1, General Provisions, including the definition of volatile 

organic compound in R 336.1122. The DEQ proposes to rescind R 336.1220, which will be replaced by the new 

NSR in Nonattainment areas Part 19 rules, and all relevant citations in the Part 2, Air Use Approval, rules will be 

changed to reflect the state's new permitting authority in the new Part 18 and Part 19 rules. 

The public hearing will be held on December 20, 2006, at 10:00 a.m., in the ConCon Conference Room, 

Constitution Hall, Atrium South, 525 West Allegan Street, Lansing, Michigan. 

Copies of the proposed rules (SOAHR 2004-006EQ, 2004-007EQ, and 2004-054EQ) can be downloaded from 

the Internet at: http://www.michigan.gov/deqair. These rules can also be downloaded from the Internet through 

the State Office of Administrative Hearings and Rules at http://www.michigan.gov/orr. Copies of the rules may 

also be obtained by contacting the Lansing office at: 

Air Quality Division 

Michigan Department of Environmental Quality 

P.O. Box 30260 

Lansing, Michigan 48909-7760 

Phone: 517-373-7045 

Fax: 517-241-7499 

E-Mail: halbeism@Michigan.gov 

All interested persons are invited to attend and present their views. It is requested that all statements be submitted 

in writing for the hearing record. Anyone unable to attend may submit comments in writing to the address above. 

Written comments must be received by 5:00 p.m. on December 20, 2006. 

Persons needing accommodations for effective participation in the meeting should contact the Air Quality 

Division at 517-373-7045 one week in advance to request mobility, visual, hearing, or other assistance. 

This notice of public hearing is given in accordance with Sections 41 and 42 of Michigan’s Administrative 

Procedures Act, 1969 PA 306, as amended, being Sections 24.241 and 24.242 of the Michigan Compiled Laws. 

Administration of the rules is by authority conferred on the Director of the DEQ by Sections 5503, 5505, and 

5512 of Act 451, being Sections 324.5503, 324.5505, and 324.5512 of the Michigan Compiled Laws, and 

Executive Order 1995-18. These rules take immediate effect after filing with the Secretary of State. 

____________________________ 

G. Vinson Hellwig, Chief 

Air Quality Division