# 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 ofthe Michigan Administrative Code are amended

March 23, 2009

Preparedby: Michigan Department ofEnvironmental Quality Air Quality Division P. 0. Box 30260 Lansing, Ml 48909 INTERNET: http:IM!ww.michigan.govldeqair JENNIFER M. GRANHOLM

GOVERNORTABLE 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 ofAdoption 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 ofAdoption, 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 Registernotice dated November 15, 2006MICHIGAN STATE IMPLEMENTATION PLAN



### COMPLETENESS REVIEW

Administrative Materials

1. A formal letter of submittal from the governor or designee requesting EPA approval ofthe 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 ofthe 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 ofthe 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 ofthe Proposed Rules and Background," Section 2, and "Summary of Proposed Rules," Section 3, of the Agency Report provides the purpose and justification ofthe proposed rules (Attachment F).MICHIGAN STATE IMPLEMENTATION PLANMICHIGAN 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 ofthe 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 ofthe 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



### 1121/2005MICHIGAN STATE IMPLEMENTATION PLAN

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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 oftime considered to the capacity rating ofthe machine or equipment.

(c) "Carcinogen" means any ofthe 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 ofevidence 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 ofvoluntary 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 STATEIMPLEMENTATION PLAN

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that would cause contamination ofthe 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 ofdetermining any ofthe 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 ofthe 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 offabric" means the application of any type ofcoating to flat sheets of

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

(p) "Coating offlat wood paneling" means the factory-finished coating offlat products which are constructed ofwood and which are intended for use as interior paneling. This definition does not apply to the coating offlat wood products intended for use as exterior siding, tileboard, cabinets, or furniture components.

(q) "Coating of large appliances" means the coating ofthe component metal parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, waterMICHIGAN STATE IMPLEMENTATION PLAN

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### heaters, dishwashers, trash compactors, air conditioners, and other associated products. Examples ofthese component metal parts include all ofthe 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 ofvinyl" means any printing, decorative coating, or protective topcoat applied over vinyl-coated fabric or vinyl rolls or sheets. Coating ofvinyl 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 ofthe 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 ofthe 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 ofgoods 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 separateMICHIGAN STATEIMPLEMENTATION PLAN

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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 ofthe 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 ofthe 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 ofthe 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 ofthe 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 ofthe 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.MICHIGAN STATE IMPLEMENTATION PLAN

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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 ofthe coking cycle and ends with the initiation ofthe 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 ofthe 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.MICHIGAN STATEIMPLEMENTATION PLAN



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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 conductivityfor 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 ofwaste 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 ofthe 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 roofwhich 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 ofthe following: (i) Outdoor weather. (ii) Temperatures consistently above 95 degrees Celsius (203 degrees Fahrenheit).

(iii) Detergents. (iv) Abrasive and scouring agents.MICHIGAN STATEIMPLEMENTATION PLAN

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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, ofgarbage 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 ofdeleterious effect during a lifetime. The inhalation reference concentration is for continuous inhalation exposures and is expressed in units of milligrams per cubic meter (mg/m 3 ).



### (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 oftoxic 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 ifthe total concentration ofthe 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, ofthe liquid and ifthe fluid is

a liquid at operating conditions.

(c) "Limited evidence," a term of art, means either ofthe 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.MICHIGAN STATEIMPLEMENTATION PLAN

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(ii) In animal studies, data suggest a carcinogenic effect, but are limited because of any ofthe 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 offollow-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 ofdistinct 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 ofthe 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.MICHIGAN STATE IMPLEMENTATION PLAN



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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 ofthe 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 ofthe 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 ofthe 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) ofthe 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 andMICHIGAN STATEIMPLEMENTATION PLAN

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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 ofwhich 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 ofthe 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 ofthese 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 ofthese 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 ofthe commercial grade of methyl chloroform do not result in a maximum ambient air concentration exceeding any ofthe allowable ambient air concentrations listed in table 11.

(F) The use ofthe commercial grade of methyl chloroform is specifically identified and allowed by a permit to install, permit to operate, or order ofthe department.

(G) Table 11 reads as follows:MICHIGAN STATEIMPLEMENTATION 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 ofthis rule, if all ofthe 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 ofthese rules.

(B) Compliance with the applicable limits specified in part 6 or 7 ofthese 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 ofthis rule do not result in a maximum ambient air concentration exceeding any ofthe 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 ofthe commercial grade of methyl chloroform is specifically identified and allowed by a permit to install, permit to operate, or order ofthe 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 STATEIMPLEMENTATION 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 (C4 F90C2H5 or HFE-7200). (li) 2-(ethoxydifluoromethyl)-1,1,1 ,2,3,3,3-heptafluoropropane. (Iii) Methyl acetate. (Iiii) 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 STATEIMPLEMENTATION 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 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 ofdetermining 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 ifthe amount of such compounds is accurately quantified and such exclusion is approved by the department.MICHIGAN STATEIMPLEMENTATION PLANJENNIFER 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 ofAdministrative 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 ofAdoption 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 ofAdoption for ttJe administrative rules promulgated pursuant to Part 55 ofAct 451 is being forwarded to you, along with a reference copy ofthe 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 theJoint Committee on Administrative Rules on December 7, 2007.

Ifyou 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) 662-9278MICHIGAN STATEIMPLEMENTATION 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, 2003JENNIFER 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 ofthe 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) 662-9278MICHIGAN STATE IMPLEMENTATION PLANMICHIGAN 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:

Thefederal Clean AirAct (CAA) requires Michigan to submitrevisions to the StateImplementation 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 CAAtoDirectorStevenE. Chester ofthe 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 STATEIMPLEMENTATION PLANMICHIGAN STATEIMPLEMENTATION PLAN



### Legal Division

John C. Bollman, 

### Director



### CERTIFICATE OF APPROVAL

I hereby certify that the Legislative Service Bureau has examined the

attached proposed rules ofthe Department ofEnvironmental 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 ofthe

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) 373-5642MICHIGAN STATEIMPLEMENTATION 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 Ihave examined the attached administrative rules, dated January21, 2005, in which the Department ofEnvironmental Quality proposes to modify a portion of1he 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.

TheLegislative Service Bureauhas approved the proposed rules as to form, classification, and arrangement.

I approvetherules as to legalitypursuant to the Administrative Procedures Act, MCL 24.201 etseq. and Executive OrderNo. 2005-1. In certifying therules as to legality, I have determined that they are within the scope ofthe authority ofthe agency, do not violate con.stitutional rights, and are in conformity with therequirements ofthe Administrative Procedures Act.

Dated:

# ,12~/ar

2004-006 EQ State Office ofAdministrative 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) 335-2484MICHIGAN STATEIMPLEMENTATION PLAN

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

LANSING

December 7, 2007

Ms. Colleen Curtis Joint Committee onAdministrative Rules Boji Tower; 4th Floor- 124 W. Allegan P.O. 30036 Lansing, Michigan 48909-7536

Dear Ms. Curtis: PETER L. PLUMMER EXECUTIVE DIRECTOR

On behalfofthe State Office ofAdministrative Hearings and Rules, I hereby submit the following rule set for consideration by the Joint Committee onAdministrative Rules:



### (2004-006 EQ) Part 1. General Provisions

Enclosed, you will find copies ofthe following:

1. 1 copy ofthe LSB formal certificate. 2. 1 copy ofthe SOAHRformal certificate. 3. 1 copy ofthe Regulatory Impact Statement. 4. 1 copy ofthe draft rules. 5. I copy ofthe JCAR Agency Report.

Please let me know ifyou have any questions. I canbe reached at 1-1671.

Thanks.

Sincerely,

Deidre O'Berry, Rules Analyst State Office ofAdministrative 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 STATEIMPLEMENTATION PLANTo: Secretary ofthe Senate STATE OF MrcHroAN
ThRRI LYNN LAND, SECRETARY OF STAT!; DEPARTMENT OF STATE

LANSING

March 28, 2008



### NOTICE OFFILING ADMINISTRATIVE RULES

Clerk ofthe House ofRepresentatives Joint Committee on Administnttive Rules State Office ofAdmin)strative Hearings and Rules (08-03-04) Legislative ServiceBureau (2004-006EQ) Department ofEnvironmental Quality lll002/002



### Inaccordancewith theprovisions ofSection 46(1) ofAct 306, PublicActs of 1969, as amended, andExecutive Order 1995-6 this is to adviseyou thattheMichigan Department ofLabor and Economic Growth Growth, State OfficeofAdministrative Hearings and Rules filed at4:17P.M. this date, administrativerule (08-03-04) forthe Department ofEnvironmental Quality, Air Quality Division, AirPollution Control; Entitled Part 1. General Provisions", as adopted bythe
agency onMarch 26, 2008. Theserules take effect 7 days afterfiling with the SecretaryofState.

Sincerely,

TerriLynn Land SecretaryofState

Robin Houston, Office Supervisor Office ofthe Great Seal

Enclosure

OFFICE OF THE GREAT SEAL 

# RECEIVED

APR 0 2**ZUlJ~**

STATE OFFIC!: OFAOMINJS7P.i\TIVE HEARII\GS &RU'..ES

108 SOUTH WASHINGTON SQUARE• LANSING, MICHIGAN 46919 www.Mfchlg.an.g'OI.I/SO$" • {517) 373-2531MICHIGAN STATEIMPLEMENTATION PLANMICHIGAN 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 reviewthe document, the newspaper advertisements, andthe correspondingrules priorto completing the legal certification ofthe rules. Pleasebe sure to sendto the SOAHRproofs ofpublication for the threenewspaper advertisements requiredby MCL 24.242(1). Youmaymailthem or sendthem as a scanned attachment.

Department 

## I Environmental Quality

Title ofrules: 

# 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 Registeron 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 consistedMICHIGAN 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 ofproposed 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 102), Definitions B: the definition for "breakthrough" is being deleted.

• R 336.1103 (Rule 103), Definitions C: the definitions for "commence," "contemporaneous," and "creditable" are being deleted.

• R 336.1104 (Rule 104), Definitions D: the definition for "dampered off coke oven" is being deleted.

• R 336.1105 (Rule 105), Definitions E: the definition for "equipment utilized in the manufacturing of synthesized pharmaceutical products" is being revised.

• R 336.1109 (Rule 109), 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 Registeron 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-C3F70CH 3 , 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 ofnewspapers and date ofpublication in newspapers (minimum 3
newspapers ofgeneral circulation, representing different parts ofthe state, one ofwhich 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 PressMICHIGAN STATE IMPLEMENTATION PLAN

- 3 -



## I Marquette Mining Journal

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

6. Date of ublication ofrules 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 ofpersons 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 ofAgriculture, 525 West Allegan Street, Lansing, Ml 48933

9. Persons submitting letters, comments and testimony ofsupport: Julie C. Becker, Alliance ofAutomobile 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 "volatileMICHIGAN STATEIMPLEMENTATION PLAN

- 4-

organic compound (VOC)", specifically, the removal ofT-butyl acetate (TBA) from the definition of VOC is acceptable but requiring recordkeeping, 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 ofVOC emissions limitations orVOC content requirements but is a VOC for purposes of all recordkeeping, 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 recordkeeping 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 recordkeeping 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 STATEIMPLEMENTATION PLANMICHIGAN STATEIMPLEMENTATION 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 ofthe Air Pollution Control Rules and the addition of Part 19.

With me today are other DEQ staffwho will be assisting with this hearing. Seatedwith 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 underwhich 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 ofAdministrative 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



### 1MICHIGAN 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 ofthe 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 ifyou 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. Ifyou 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 ofthe 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 ofAdministrative 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 ofthe public comment period is today at 5:00p.m. and an Agency Report will be prepared.

The hearing is now closed. Thank you again.



### 2MICHIGAN STATEIMPLEMENTATION PLANMICHIGAN STATEIMPLEMENTATION PLAN

GRAND RAPIDS PRESSMICHIGAN STATEIMPLEMENT AT/ON PLAN

LANSING STATE JOURNALMICHIGAN STATE IMPLEMENTATION PLAN

MARQUETTE MINING-JOURNALCounty of Oakland } STATE OF MICHIGAN, ss.

Mary Ward MICHIGAN STATEIMPLEMENTATION PLAN

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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) ..............................................................................................................161-1662006 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 studiesor 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 system2006 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 deviceslisted 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 pharmaceutical2006 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 f actory-finished coating of flat products which are constructed of wood and which are intended for use asinterior 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 the2006 MR 20 – November 15, 2006

5 

### definition of graphic arts line in R 336.1107(e). These a pplications 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 com ponent 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 com ponent 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 ofcompressed 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 newlevel 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 40C.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 isisolated from the coke oven gas collector main by closing every damper valve on all stand pipes 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 prepcoat 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 ofsynthesizedpharmaceutical 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 ofpharmaceutical 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 healtheffects 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 than20%, 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 Linearizedmultistage computermodel" 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 iscontained 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 toemit 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 than1 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 ina 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 isused 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 isused 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 (C4

### F9

### OCH3

### 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(C4

### F9

### OC2

### H5

### 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-C3

### F7

### OCH3

### , 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 athttp://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