RICK SNYDER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY LANSING



### December 13, 2013
Dr. Susan Hedman, Regional Administrator United States Environmental Protection Agency Region 5 77 West Jackson Boulevard (R-19J) Chicago, Illinois 60604-3507 Dear Dr. Hedman:

# DE~ DAN WYANT

DIRECTOR



### SUBJECT: Michigan State Implementation Plan (SIP) Submittal for Revisions to Part 3 Rules Pursuant to Section 110 ofthe federal Clean Air Act and Part 55, Air Pollution Control, ofthe Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, the Michigan Department of Environmental Quality (MDEQ) is submitting the promulgated revisions to "Part 3. Emission Limitations and Prohibitions- Particulate Matter" rules for review by the U.S. Environmental Protection Agency (USEPA). Michigan Air Pollution Control Rules that have been modified and/or rescinded are: R 336.1310 (Rule 310) Open burning; R 336.1330 (Rule 330) Rescinded (Electrostatic precipitator control systems); and R 336.1349 (Rule 349) Rescinded (Coke oven compliance date). The MDEQ requests that Rule 310, as amended, be approved for inclusion in the SIP. The MDEQ requests removal of Rules 330 and 349 frorn the SIP. The revisions to Rule 310 were adopted to reduce particulate matter emissions from open burning of specific types of household waste and to allow limited burning ofwood produce storage bins for disease and pest control. Rules 330 and 349 were determined to be redundant and obsolete, respectively. Forthese reasons, those two rules were rescinded. The submittal for amendment ofthe Michigan SIP was public noticed and a public hearing was scheduled, but not requested. This submittal consists of one hard copy of the required documentation. An electronic version ofthe submittal in PDF format, identical to the hard copy, has been sent to Mr. Christos Panos, USEPA, Region 5 Office. To assist with your review ofthe SIP submission, a list ofsupporting documents is enclosed. 

## RECEIVED 

# DEC 19

# 2013
U.S. EPA REGiON) , OFflCEOF REGIONALADM!N!STRATOJ<
CONSTITUTION HALL• 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANStNG, MICHIGAN 48909-7973 www.michigan.gov/deq • (800) 662-9278

### Dr. Susan Hedman Page 2 December 13, 2013
We ask that the USEPA approve these revisions/rescissions to the Michigan SIP. Questions on this submittal may be directed to Ms. Mary Maupin, SIP Unit Supervisor, Air Quality Division, at 517-284-6755; maupinm@michigan.gov; or MDEQ, P.O. Box 30260, Lansing, Michigan 48909-7760; or you may contact me.

Enclosure cc/enc: Mr. Christos Panos, USEPA, Region 5 Mr. Jim Sygo, Deputy Director, MDEQ Mr. Vince Hellwig, MDEQ Ms. Mary Maupin, MDEQDan Wyant Director



# PROPOSED REVISIONS TO STATE OF MICHIGAN STATE IMPLEMENTATION PLAN for Part 3. EMISSION LIMITATIONS AND PROHIBITIONS- PARTICULATE MATTER

R 336.1310, R 336.1330, and R 336.1349

December 13, 2013

Preparedby: Michigan Department ofEnvironmental Quality Air Quality Division

P.O. Box 30260 Lansing, Ml48909-7760 INTERNET: http://Www.michigan.govldeqairTABLE OF CONTENTS
COMPLETENESS REVIEW ADMINISTRATIVE MATERIALS

................................................................................ 1 TECHNICAL MATERIALS

..........................................................................................4 RULE RESCISSION DISCUSSION RESCISSION OF RULE 330

...........................................,........................................... 6 RESCISSION OF RULE 349

.......................................................................................6 ATTACHMENTS ATTACHMENT A

ATTACHMENT 8

ATTACHMENT C

ATTACHMENT 0 Secretary of State's notice offiling Administrative Rules, dated October 8, 2012. Secretary of State's notice offiling Administrative Rules, dated March 25, 2013.
Final form ofadopted rules, Part 3, effective October 15, 2012, and April 1, 2013. Strikethrough bold version as submitted for approval
- ORR 2012-074EQ and ORR 2012-136EQ
Notices of Public Comment and Hearing from May 6, 2013 issue of DEQ Environmental CalendarCOMPLETENESS REVIEW (Part 40 CFR 51 Appendix V)

Administrative Materials 1. A formal letterof submittal from the governor or designee requesting USEPA approval ofthe revision. Cover letter dated December 13, 2013, from Dan Wyant, Director ofthe Michigan Department of Environmental Quality (MDEQ), to Dr. Susan Hedman, Regional Administrator, USEPA, Region 5, requesting approval of SIP revisions. A letter dated March 24, 2011, from Governor Rick Snyder to USEPA, Region 5, delegates authority to the MDEQ Directorto make any submittal, request, orapplication underthe federal Clean Air Act. The letter is available upon request. 2. Evidence thatthe 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 includethe date ofadoption orfinal issuance as well asthe effective date ofthe revision ifdifferentfrom the adoption/issuance date. The Secretary of State's Notice of Filing Administrative Rules for Part 3, dated October 8, 2012, and March 25,2013, are included in Attachment

### A. 3. Evidence thatthe state has the necessary legal authority understate lawto adopt and implementthe revision. Section 5512 of Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, gives the agency the authority to promulgate the revised rules. A copy is available upon request or at the Web site listed below. http:/ /legislature.mi.qov/doc.aspx?mcl-324-5512 4. A copy ofthe actual regulation or documentsubmitted for approval and incorporation by reference intothe SIP, including indication ofthe changes made tothe existing approved SIP, where applicable. The submittal should be a copy of the official state regulation/document signed, stamped, and dated bythe appropriate state official indicating that it isfully enforceable bythe state. The effective date ofthe regulation/document should, whenever possible, be indicated in the document itself. The final form ofthe adopted changes in Part 3, with the effective date ofApril 1, 2013, is included in Attachment B. The change to R 336.1349 (Rule 349) (rescission) was effective October 15, 2012. A strikethrough bold version of the rules is included in Attachment C.

1Michigan administrative rules are enforceable as law effective upon filing with the Secretary of State's Notice of Filing Administrative Rules. These rules were effective for Part 3, dated October 8, 2012, and March 25, 2013, and are included in Attachment A. 5. Evidence that the state followed all ofthe requirements of its administrative procedures act (or equivalent) in conducting and completing the adoption/issuance ofthe revision. Two intermediate steps required to promulgate a rule are as follows: The Certificates ofApproval from Michigan's Legislative Service Bureau for Rule 349 signed on October 1, 2012, and Rule 310 and Rule 330 signed on March 18,2013, which certify the proposed rules as to form, classification and arrangement, are available upon request. The Legal Certification of Rules from Michigan Department of Licensing and Regulatory Affairs dated October 8, 2012, for Rule 349 and March 25, 2013, for Rules 310 and 330 certifies legality by determining they are "within the scope of the authority ofthe agency, do not violate constitutional rights, and are in conformity with the requirements ofthe Administrative Procedures Act." These documents are available upon request. The final step, the Notice of Filing ofAdministrative Rules from the Michigan Department of State dated October 8, 2012, for Rule 349 and March 25, 2013, for Rules 310 and 330 are supplied in Attachment A. 6. Evidence that public notice was given ofthe proposed change consistentwith procedures approved by USEPA, including date of publication of such notice. The public notice addressing revision ofthe SIP was published in the May 6. 2013. DEQ Environmental Calendar located at http://www.michigan.gov/envcalendar and is included as Attachment D. Rule 310 was modified to make the rule conform to an amended statute. Rules 330 and 349 were determined to be obsolete and, thus, rescinded. Section 44(1) ofthe Administrative Procedures Act, 1969 PA 306, as amended (APA), exempts agencies from the requirements of Sections 41 and 42 to advertise and hold a public hearing in both ofthese cases. Therefore, a public notice was not published during the rule promulgation process. A public comment period was held for inclusion/exclusion of these rules in/from the SIP. 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 public hearing addressing revision of the SIP was offered as indicated in the May 6, 2013, DEQ Environmental Calendar located at http://www.michigan.gov/envcalendar; however, no request was made to hold the hearing. The calendar entry is provided as Attachment D.



### 2Rule 310 was modified to make the rule conform to an amended statute. Rules 330 and 349 were determined to be obsolete and, thus, rescinded. Section 44(1) ofthe APA exempts agencies from the requirements of Sections 41 and 42 to advertise and hold a public hearing in both ofthese cases. Therefore, a public hearing was not offered during the rule promulgation process. A public hearing was offered for inclusion/exclusion of these rules in the SIP, but was not requested. 8. Compilation of public comments and state's response thereto. No comments were received regarding the SIP proposal.



### 3Technical support 1. Identification ofall regulated pollutants affected bythe plan. Particulates 2. Identification ofthe locations ofaffected sources including the EPA attainment/nonattainment designation ofthe locations and the status ofthe attainment plan forthe affected areas. Rule 310 open burning regulations may affect potential sources of particulate throughout the state. The entire state is in attainment with all particulate National Ambient Air Quality Standards. Rule 349 was obsolete and, therefore, should have no impact. Rule 330 is redundant with other regulations and, therefore, should have no impact. 3. Quantification ofthe changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissionsfrom affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations ofthe differences between certain baseline levels and allowable emissions anticipated as a result ofthe revision. Changes to Rule 310 are more restrictive in which materials can be burned by a household. These changes will result in reductions in particulate emissions; however, it is difficult to quantify those impacts as household waste emissions are not calculated using variables that this rule impacts. The addition of burning of produce storage bins for pest and disease control purposes will occur infrequently and when necessary for reasons of health and safety. This, too, is difficult to quantifyfor similar reasons as the household waste emissions. When compared to the significant reduction in open burning of household waste throughout the state that will result from these rule changes, the most plausible assessment is that the net impact on particulate sources from these changes will be a reduction in particulate emissions. Rescission of Rule 330 is expected to have no impact on particulate emissions. Rule 330 is redundant with other rules in the SIP and is, therefore, unnecessary. A more detailed discussion is provided in the "RULE RESCISSION DISCUSSION" section ofthis document. Rescission of Rule 349 has no impact on emissions. This rule's applicability became moot on January 1, 1983. A more detailed discussion is provided in the "RULE RESCISSION DISCUSSION" section of this document. 4. The State's demonstration thatthe national ambient air quality standards, prevention ofsignificant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected ifthe plan is approved and implemented. For all requests to redesignate an area to attainmentfor a national primary ambient air qualitystandard, undersection 107 ofthe Act, a revision must be submitted to provide for the maintenance ofthe national primary



### 4ambient air qualitystandards for at least 10 years as required by section 175Aof the Act. Michigan is in attainment for PM 10 and PM 2.5 . These changes are expected to reduce particulate emissions. 5. Modeling information required to supportthe proposed revision, including input data, output data, models used,justification of model selections, ambient monitoring data used, meteorological data used,justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant tothe determination ofadequacy ofthe modeling analysis. N/A 6. Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. N/A 7. Evidence thatthe plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. N/A 8. Compliance/enforcement strategies, including how compliance will be determined in practice. The Michigan Department of Environmental Quality, Air Quality Division, compliance staffwill investigate open burning compliance issues as needed. The discovery of materials being burned inappropriately may result in notifications ofviolation. 9. Special economic and technologicaljustifications required by any applicable USEPA policies, or an explanation ofwhy suchjustifications are not necessary. N/A



### 5RULE RESCISSION DISCUSSION Rescission of Rule 330 The rescission of R 336.1330 (Rule 330) should have no impact on particulate emissions. Rule 330 required specific sources to have electrostatic precipitators (ESPs) set to provide maximum control. Equivalent air quality protections can be achieved through requirements to meet specific emission limits, in addition to maintenance and recordkeeping provisions, instead of identifying specific control equipment that must be utilized. The following rules and regulations make Rule 330 redundant:

• R 336.1910 (Rule 91 0) requires "air-cleaning devices to be installed, maintained and operated in a satisfactory manner." The sources previously subject to Rule 330 would also be subject to Rule 910. Operational requirements in Rule 330 were equal to those required by Rule 910. Additionally, Rule 910 is used to require companies to submit a malfunction abatement plan to prevent, detect and correct malfunctions or equipment failures. Rule 910 is in the SIP. • R 336.1301 (Rule 301) limits opacity to a six minute average of20%. For sources thatwere subject to Rule 330, compliance with th"1s opacity limit would only be possible with proper operation of control equipment. Rule 301 is in the SIP. • R 336.1331 (Rule 331) limits particulate emissions for sources of particulate in the state. Again, for Rule 330 sources, compliance with these limits would only be possible with proper operation of controls. Rule 331 is in the SIP. • Compliance Assurance Monitoring (CAM) plans must be included in operating permit applications. Sources previously subject to Rule 330 would be required to have CAM plans for ESPs describing parameters to be measured and the appropriate ranges that reflect proper device operation and maintenance. Rule 330 is redundant and unnecessary. Existing rules will prevent relaxation of emission limits in the SIP. Rescission of Rule 349 The rescission of Rule 349 is expected to have no impacton particulate emissions in the state. The rule required that coke ovens come into compliance with several coke oven rules, specifically Rule 350- Rule 357, as soon as practical, and with a final compliance date of December 31, 1982. The rule was effective in January 1980, thus giving coke ovens two years to make necessary changes to comply with Rule 350- Rule 357. As ofJanuary 1, 1983, compliance with Rule 350- Rule 357 was required, regardless of Rule 349. Therefore, this rule has been moot since 1983. Rule 350- Rule 357 are in the Michigan SIP. Rule 349 is obsolete. Forthe reasons discussed above, rescission ofthis rule will not be a relaxation of emission iimits in the SIP.



### 6Attachment A ORR 2012-074 EO, Notice of Filing

S'.I'A'I_"E oF Mrc.ml::lAN Rarn JoHNSON, SECRETARYoFSucrE DEPARTMENT OF STATE LANsu.:iG October 8, 2012 NOTICE OFFJLJNG ADMINISTRATIVERULES
To: Secretary ofthe Senate Clerkofthe HouseofRepresentatives Joint Committee on AdministrativeRules Slate Office ofRegulatory Reinvention (Administrative Rule**#2012~074"EQ)** Legislative ServiceBureau (Secretary ofStaleFiling#12-10-02) DepruimentofEnviromnental Quality
In accordance withthe provisions ofSection46(1) ofAct 306, PublicActs of1969, as amended, and Executive Ordel' 1995-6,this isto advise you thatthe Michigan Department ofLicen..'ling and Regulatory Affairs and the State OfliceofRegulatory Reinvention filed Administrative Rule #2012-074-EQ (Secretary ofState Filing#1 2-10-02) on this date at 4:29P.M. for the Department ofEnvironmental Quality, entitled "Part 3Emission Limitations and Prohibitions-Particulate Matter (Rule 349)". Thisrules become effective immediately upon filing with the Secretary ofState unless adopted under sections 33. 44 or45a(6) of 1969 PA 306. Rules adoptedunderthese sections become effective 7days after filing with the Secretary ofState.**~incerely,** RuthJolmson

.

. secretaryofSlate**~**

# l**'\~**

# tbvn**~ \--\6-lt&~~r\(J\**  

# · Robin L. Houston, Departmental Supcrv1sor Office ofthe Great Seal Endosu1·e

Off'!CE OF THE GREAT SEAL 108 SOUTH WASHINGTON SQUARE, SUITE 1• LANSING, MICHIGAN 48918 1-8B3-SOS·MICH (1·6B3-767-fH24) www. Mlchl!lan.gov/sosAttachment A ORR 2012-136 EQ, Notice of Filing**S~~'E** OF IvflPHlGAN RuTH**JoHNsoN~** SEClUU:AR.Y OF STATE DEPARTMENT OF STATE LANsTNo March 25, 2013
NOTICE OFFILING ADMINISTRATIVE RULES

To: Secretaryofthe Senate Clerk ofthe House ofRepresentatives Joint Committee on Administrative Ru1cs State Office ofRegulatoryReinvention (AdministrativeRule #2012-136-EQ) Legislative Service Bureau (Secretary ofStateFiling#13-03-26) DepartmentofEnvironmental QualitY
Inaccordance with theprovisions ofSection46(1) ofAct 306, Public Acts of1969, as amended, andExecutive Order 1995-6, this is to advise you that the Michigan DepartmentofLicensing and Regulatory Affairs and the State Office ofRegulatoryReinventionft!edAdministrative Rule**#2012~136-EQ** (Secretary ofStateFiling#13-03-26) ontills date at4:49P.M. for the Depruiment ofEnvironmental Quality, entitled "OpenBurning". Theseru1esbecome effectiveinunediately uponfiling with the Secretary ofState unless adopted under section 33, 34, 35a, 45u(6), or48 of1969 PA 306, Rules adopted underthese sections become effective 7days afterfiling with the Secretary ofState. Sincerely, Ruth Johnson

# ,~~~~~~ate~),**"\\0\v\~A(SYt~** Robin L.Houston, Departmental Supervisor Office ofthe Great Seal Enclosure

OFFICE OF THE GREAT SEAL Hl8 SOUTH WASHINGTON SQUARE, SUITE 1• LANSING, MICHIGI\N 48918 i-888·SOS-MIC H (1-88S-757-6424) www .Michigan.gov/sosAttachment B Final version of Rules



### DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION AIR POLLUTION CONTROL PART 3. EMISSION LIMITATIONS AND PROHIBITIONS--PARTICULATE MATTER (By authority conferred on the director of the department of enviromnental quality by Part 55, Air Pollution Control, of the Natural Resources and Enviromnental Protection Act, 1994 PA 451, MCL 324.5501 to 324.5542) R 336.1310 Openburning.

Rule 310. (I) 

### A person shall not cause or permit open burning ofrefuse, garbage, or anyother wastematerials, except for theburning ofany ofthe following:

(a) Waste disposal material from and at 1- or 2-family dwellings that does not contain plastic, rubber, foam, chemically treated wood, textiles, electronics, chemicals, or hazardous materials, iftheburning does not violate any other departmentrules.

(b) Structures and other materials used exclusively for fire preventiontraining. (c) Trees, logs, brush, and stumps in accordance with applicable state and local regulations ifthe burning is not conducted within a priority I area as listed in table 33, a priority II area as listed in table 34, nor closer than 1400 feet to an incorporated city or village limit and iftheburningdoes not violate any otherdepartmentrules.

(d) Beekeeping equipment and products, including frames, hive bodies, hive covers, combs, wax, and honey, ifburned for bee disease control.

(e) Logs, brush, charcoal, and similar materials that are used in preparing food or for recreation.

(f) Wooden fruit or vegetable storage bins constructed from untreated lumber ifboth of the following requirements are met:

(i) Theburningis conducted for disease orpestcontrol. (ii) Theburningis not conducted at anyofthe following locations: (A) Within apriorityI area as listed in table 33 or apriorityII area as listedintable 34. (B) In a cityorvillage. (C) 

### Within 1,400 feet outsidetheboundaryofa city orvillage. (2) The exceptions specified in subrule (I) 

### ofthis rule do not authorize open burning if prohibitedbylocal law orregulation.

R 336.1330 Rescinded. R 336.1349 Rescinded.Attachment C Strikethrough bold version of Rules 

### DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITYDIVISION AIR POLLUTION CONTROL (By authority conferred on the director ofthe department of environmental quality by Part 55, Air Pollution Control, ofthe Natural Resources and Environmental Protection Act, 1994 PA451, MCL 324.5501 to 324.5542. PART 3. EMISSION LIMITATIONS AND PROHIBITIONS--PARTICULATE MATTER

R 336.1310 Openburning.

Rule 310. (1) 

### A person shall not cause or permit open burning ofrefuse, garbage, or anyother wastematerials, except for the burning ofany of thefollowing:

(a) Waste disposal material from and at 1- or 2-family dwellings 

### thatdoes notcontain plastic, rubber, foam, chemically treated wood, textiles, electronics, chemicals, or hazardousmaterials, if theburningdoes not violate any other departmentrules.

(b) Structures and othermaterials used exclusively for fire preventiontraining. (c) Trees, logs, brush, and stumps in accordance with applicable state and local regulations ifthe burning is not conducted within a priority I area as listed in table 33, a priority II area as listed in table 34, nor closer than 1400 feet to an incorporated city or village limit and iftheburning does not violate any other department rules.

(d) Beekeeping equipment and products, including frames, hive bodies, hive covers, combs, wax, and honey, ifburned forbeedisease control.

(e) Logs, brush, charcoal, and similar materials that are used in preparing food or for recreation.



### (() Wooden fruit or vegetable storage bins constructedfrom untreated lumber 

### ifboth of thefollowing requirements are met: (i) 

### The burningis 

### conducted(or disease orpestcontroL (ii) The burningis notconductedatany o(thefollowing locations: (A) Within a priority I area as listed in table 33 or a priority II area as listedin table34. (B) In a city orvillage. (C) Within 1.400feet outside the boundary o(a city orvillage. (2) The exceptions specified in subrule (1) 

### ofthis rule do not authorize open burning if prohibitedbylocal law orregulation. R 336.1330 

### EleetFastatiepFeeipitataF-eantFel systems.

Rule 330. (1) AfteF July 1, 1980, it 

### is unlawful ta apeFate any eement lllin, l<nft reeavery bailer, lime laln, ealeiner, pulveri>r:ed eaal fiFed baileF, basieAttachment C Strikethrough bold version of Rules



### oxygen farnaee, er gypsam dryer eentrelled by an elee trestatie preeipitator eentrel system anless eaeh transfermer reetifier set ef the eleetrestatie preeipitater is e():aipped with a satarable eere reaeter, silieen eentrelled reetifier linear reaeter, er e():llivalent type aatematie eentrel system appreYed by the department. Exeept fer Yery large preeipi taters, eaeh aatematie eentreller shall be set te provide maximam power, er optimal power if operatingin a sparloogmade, from its respeetive transfermer reetifier set.

(2) Eaeh transfermer reetifier set sabjeet to the preYisions ef sabmle (1) efthis rale shall be eapable ef operating in a sparl< limited made and shall meter and display the primary Rl\<IS yeltage

- and amperage, the average seeendary amperage, andthe aYerage sparl< rate. The**re~J:airement** 

### te meter and displaythe average sparl< rate shall net apply if 

### the aatematie eentreller employs solid state eireaitryte preset power levels based on sparl<ingrate limits.

(3) The department shall waiYe the reiJ:Hirements ef sabrale (2) ef this rale if 

### beth efthe fellewing eenditiens are met:

(a) 

### A satisfeetery demonstration is made that the preeipitater is eapable ef providingfer eemplianee with all applieable partiealate emission and epaeity limits.

(b) The preeipitater existed befere July 

### 1, 1979, er Vias eevered by an applieatien fer a permit te install reeei-ved by the department befere Jaly 1, 1979. 

### Rescinded

R 336.1349 Cakeeven eemplianee date Rale 349. A person sabjeet te the previsions of rules 3SO te 3S7 shall aehieve eemplianee with saeh rules as expeditious!)· as praetieal, but net later than Deeember31, 1982. 

### RescindedAttachment D Notice of Public Comment



## ENVIRONMENTAl.. CAl..ENDAR Mayo, 2013
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