DE iLl 

STEVEN E. CHESTER 

DIRECTOR 

REVISION TO 

STATE OF MICHIGAN 

STATE IMPLEMENTATION PLAN 

for 

Part 2. Air Use Approval. 

R 336.1201, R 336.1202, R 336.1205, R 336.1207, 

R 336.1219, R 336.1240, R 336.1241, R 336.1278, 

R 336.1281, R 336.1284, R 336.1285, R 336.1288, and 

R 336.1299 of the 

Michigan Administrative Code are amended, and 

R 336.1220 is rescinded 

March 23, 2009 

Prepared by: 

Michigan Department of Environmental Quality 

Air Quality Division 

P. 0. Box 30260 

Lansing, Ml 48909 

INTERNET: http:llwww.michigan.gov/deqair 

JENNIFER M. GRANHOLM 

GOVERNOR 
TABLE OF CONTENTS 

Item Page 

COMPLETENESS REVIEW 

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

ATTACHMENTS 

ATTACHMENT A 

ATTACHMENT 8 

ATTACHMENT C 

ATTACHMENT D 

Final form of adopted rule(s), Part 2, effective June 20, 

2008. 

Certificate of Adoption from the Director of the Michigan 

Department of Environmental Quality (MDEQ), Steven E. 

Chester, dated May 21, 2008. 

Letter from MDEQ Director Steven E. Chester to State 

Office of Administrative Hearings and Rules (SOAHR) 

forwarding Certificate of Adoption, dated May 23, 2008. 

Delegation of authority from Governor Jennifer M. 

Granholm, letter dated February 22, 2003. 

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 June 20, 2008. 

ATTACHMENT F Agency Report, dated January 31,2007. 

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

ATTACHMENT H Newspaper affidavits dated November 16, 2006. 

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

COMPLETENESS REVIEW 

Administrative Materials 

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

approval of the revision. 

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

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

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

revision. 

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

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

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

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

from the adoption/issuance date. 

The final form of the adopted rule in Part 2, which went into effect on June 20, 

2008, is included in Attachment A. 

The Certificate of Adoption dated May 21, 2008, signed by MDEQ Director 

Steven E. Chester, is included in Attachment B. 

A letter dated May 23, 2008, from MDEQ Director Steven E. Chester to the State 

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

Attachment B. 

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

adopt and implement the revision. 

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

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

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

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

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

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

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

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

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

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

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

whenever possible, be indicated in the document itself. 

The Secretary of State's Notice of Filing Administrative Rules for Part 2, dated 

June 20, 2008, is included in Attachment E. 
MICHIGAN STATE IMPLEMENTATION PLAN 

The final form of the adopted rules, Part 2, with the effective date of June 20, 

2008, is included in Attachment A. 

A copy of the proposed Part 2 rules showing changes from the existing rules is 

included in Attachment H. 

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

procedures act (or equivalent) in conducting and completing the 

adoption/issuance of the revision. 

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

conformity with the requirements of the Administrative Procedures Act, MCL 

24.201 et seq. (Attachment D). 

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

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

notice. 

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

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

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

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

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

procedures act (or equivalent), if applicable. 

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

been promulgated in conformity with the requirements of the Administrative 

Procedures Act (Attachment D). 

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

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

was to be conducted (Attachment G). 

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

Summaries of the comments received and the MDEQ responses are in 

Section 11 of the Agency Report (Attachment F). 

Technical support 

1. Justification of rules revisions. 

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

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

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

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

AIR POLLUTION CONTROL 

Filed with the Secretary of State on June 20, 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, 5506, and 5512 of 1994 PA 451, MCL 324.5503, 324,5505, 

324.5506, and 324.5512, and Executive Reorganization Order No. 1995-18, MCL 

324.99903) 

R336.1201, R336.1202, R336.1205, R336.1207, R336.1211, R336.1213, 

R 336.1214, R 336.1214a, R 336.1219, R 336.1240, R 336.1241, R 336.1278, 

R 336.1281, R 336.1284, R 336.1285, R 336.1288, and R 336.1299 of the Michigan 

Administrative Code are amended; R 336.1277 is added; and R 336.1220 is 

rescinded as follows: 

PART 2. AIR USE APPROVAL 

R 336.1201 Permits to install. 

Rule 201. (1) Except as allowed in R 336.1202, R 336.1277 toR 336.1290, or 

R 336.2823(15) a person shall not install, construct, reconstruct, relocate, or modify 

any process or process equipment, including control equipment pertaining thereto, 

which may emit any of the following, unless a permit to install which authorizes such 

action is issued by the department: 

(a) Any air pollutant regulated by title I of the clean air act and its associated rules, 

including 40 C.F.R. §§51.165 and 51.166, adopted by reference in R 336.1299. 

(b) Any air contaminant. 

A person who plans to install, construct, reconstruct, relocate, or modify any such 

process or process equipment shall apply to the department for a permit to install on 

an application form approved by the department and shall provide the information 

required in R 336.1203. 

(2) The department may issue a permit to install for any of the following reasons: 

(a) To authorize a person to install, construct, reconstruct, relocate, or modify a 

process or process equipment pursuant to subrule (1 )(a) of this rule. 

(b) To establish limits on potential to emit. The limits shall comply with the 

provisions of R 336.1205(1 )(a). 

(c) To consolidate terms and conditions from existing permits to install within a 

renewable operating permit pursuant toR 336.1214a. 

1118/2007 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(d) To authorize a person to install, construct, reconstruct, relocate, or modify 

process or process equipment solely pursuant to subrule (1)(b) of this rule or to 

consolidate state-only enforceable conditions within a renewable operating permit 

when the renewable operating permit is issued pursuant toR 336.1214. This permit 

may establish terms and conditions that are legally enforceable solely pursuant to 

R 336.1224 to R 336.1232, R 336.1901, or other regulations that are not federally 

enforceable. Each condition in a permit issued pursuant to this subrule shall be 

identified as state-only enforceable. 

(3) A permit to install may be approved subject to any condition, specified in 

writing, that is reasonably necessary to assure compliance with all applicable 

requirements. 

(4) If a person decides not to install, construct, reconstruct, relocate, or modify the 

process or process equipment as authorized by a permit to install, then the person, 

or the authorized agent pursuant toR 336.1204, shall notify the department, in 

writing, and upon receipt of the notification by the department, the permit to install 

shall become void. If the installation, reconstruction, or relocation of the equipment, 

for which a permit has been issued, has not commenced within, or has been 

interrupted for, 18 months, then the permit to install shall become void, unless 

otherwise authorized by the department as a condition of the permit to install. 

(5) Upon issuance of a permit to install, the emissions from the process or process 

equipment allowed by the permit to install shall be included in the potential to emit of 

the stationary source. Upon the physical removal of the process or process 

equipment, or upon a determination by the department that the process or process 

equipment has been permanently shut down, the permit to install shall become void 

and the emissions allowed by the permit to install shall no longer be included in the 

potential to emit of the stationary source. 

(6) Except as provided in subrule (8) of this rule and R 336.1216, operation of the 

process or process equipment is allowed by the permit to install. The department 

may void a permit to install upon any of the following actions: 

(a) A new permit to install authorizing the action is approved by the department in 

accordance with subrule (2)(a), (b), or (d) of this rule, and the new permit to install 

renders all portions of the old permit obsolete. 

(b) All terms and conditions of the permit to install are incorporated into a 

renewable operating permit, in accordance with the provisions of R 336.1212(5) and 

R 336.1213, and a source-wide permit to install is issued pursuant toR 336.1214a. 

(c) All of the emission units, processes, or process equipment covered by the 

permit to install are physically removed from the stationary source or the department 

makes a determination that the emission units, processes, or process equipment 

covered by the permit to install have been permanently shut down. 

(7) The department may require 1 or both of the following notification requirements 

as a condition of a permit to install: 

(a) Not more than 30 days after completion of the installation, construction, 

reconstruction, relocation, or modification authorized by the permit to install, unless a 

different period is specified in the permit to install, the person to whom the permit to 

install was issued, or the authorized agent pursuant to R 336.1204, shall notify the 

department, in writing, of the completion of the activity. Completion of the 
MICHIGAN STATE IMPLEMENTATION PLAN 

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installation, construction, reconstruction, relocation, or modification is considered to 

occur not later than commencement of trial operation of the process or process 

equipment. 

(b) Within 12 months after completion of the installation, construction, 

reconstruction, relocation, or modification authorized by the permit to install, or 18 

months after the effective date of this rule, whichever is later, unless a different 

period is specified in the permit to install, the person to whom the permit to install 

was issued, or the authorized agent pursuant to R 336.1204, shall notify the 

department, in writing, of the status of compliance of the process or process 

equipment with the terms and conditions of the permit to install. The notification 

shall include all of the following: 

(i) The results of all testing, monitoring, and recordkeeping performed by the 

stationary source to determine the actual emissions from the process or process 

equipment and to demonstrate compliance with the terms and conditions of the 

permit to install. 

(ii) A schedule of compliance for the process or process equipment. 

(iii) A statement, signed by the person owning or operating the process or process 

equipment, that, based on information and belief formed after reasonable inquiry, the 

statements and information in the notification are true, accurate, and complete. 

(8) If evidence indicates that the process or process equipment is not performing in 

accordance with the terms and conditions of the permit to install, the department, 

after notice and opportunity for a hearing, may revoke the permit to install consistent 

with section 5510 of the act. Upon revocation of the permit to install, operation of 

the process or process equipment shall be terminated. Revocation of a permit to 

install is without prejudice and a person may file a new application for a permit to 

install that addresses the reasons for the revocation. 

R 336.1202 Waivers of approval. 

Rule 202. (1) If the requirement for approval of a permit to install before 

construction will create an undue hardship to the applicant, the applicant may 

request a waiver to proceed with construction from the department. The application 

for a waiver shall be in writing, shall explain the circumstances that will cause the 

undue hardship, and shall be signed by the owner or his or her authorized agent. 

The application shall be acted upon by the department within 30 days. If a waiver is 

granted, the applicant shall submit pertinent plans and specifications for approval as 

soon as is reasonably practical. The applicant, after a waiver is granted, shall 

proceed with the construction at his or her own risk; however, operation of the 

equipment shall not be authorized until the application for a permit to install has 

been approved by the department. After construction, modification, relocation, or 

installation has begun or been completed, if the plans, specifications, and completed 

installations do not meet department approval, then the application for a permit to 

install shall be denied, unless the alterations required to effect approval are made 

within a reasonable time as specified by the department. 

(2) The provisions of subrule (1) of this rule shall not apply to any of the following: 

(a) Any activity that is subject to R 336.2802, prevention of significant deterioration 

regulations, or R 336.2902, nonattainment new source review regulations. 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(b) Construction or reconstruction of a major source of hazardous air pollutants as 

defined in and subject to, national emission standards for hazardous air pollutants 

for source categories. 

(c) Construction or modification as defined in and subject to 40 C.F.R. part 61, 

national emission standards for hazardous air pollutants, adopted by reference in 

R 336.1299. 

For the purpose of this subrule, "activity" means the concurrent and related 

installation, construction, reconstruction, relocation, or modification of any process or 

process equipment. 

R 336.1205 Permit to install; approval. 

Rule 205. (1) The department shall not approve a permit to install for a stationary 

source, process, or process equipment that meets the definition of a major stationary 

source or major modification under any part of these rules unless the requirements 

specified in subdivisions (a) and (b) of this subrule have been met. In addition, 

except as provided in subrule (3) of this rule, the department shall not approve a 

permit to install that includes limitations which restrict the potential to emit from a 

stationary source, process, or process equipment to a quantity below that which 

would constitute a major source or major modification under any part of these rules 

unless both of the following requirements have been met: 

(a) The permit to install contains emission limits that are enforceable as a practical 

matter. An emission limit restricts the amount of an air contaminant that may be 

emitted over some time period. The time period shall be set in accordance with the 

applicable requirements and, unless a different time period is provided by the 

applicable requirement, should generally not be more than 1 month, unless a longer 

time period is approved by the department. A longer time period may be used if it is 

a rolling time period, but shall not be more than an annual time period rolled on a 

monthly basis. If the emission limit does not reflect the maximum emissions of the 

process or process equipment operating at full design capacity without air pollution 

control equipment, then the permit shall contain 1 of the following: 

(i) A production limit which restricts the amount of final product that may be 

produced over the same time period used in the emission limit and which comports 

with the true design and intended operation of the process or process equipment. 

(ii) An operational limit which restricts the way the process or process equipment is 

operated and which comports with the true design and intended operation of the 

process or process equipment. An operational limit may include conditions 

specifying any of the following: 

(A) The installation, operation, and maintenance of air pollution control equipment. 

(B) The hours of operation of the stationary source, process, or process 

equipment, if the hours are less than continuous. 

(C) The amount or type of raw materials used by the stationary source, process, or 

process equipment. 

(D) The amount or type of fuel com busted by the stationary source, process, or 

process equipment. 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(E) The installation, operation, and maintenance of a continuous gas flow meter 

and a continuous emission monitor for the air contaminant for which an enforceable 

emission limit is required. 

(iii) For volatile organic compound surface coating operations where an add-on 

control is not employed, an emission or usage limit coupled with a requirement to 

calculate or demonstrate daily compliance. 

(b) A draft permit has been subjected to the public participation process specified 

in section 5511 (3) of the act. The department shall provide a copy of the draft 

permit to the United States environmental protection agency for review and 

comment at or before the start of the public comment period. The department shall 

also provide a copy of each final permit to install issued pursuant to this rule to the 

United States environmental protection agency. 

(2) The department shall not approve a permit to install to construct a major source 

or reconstruct a major source under any applicable requirement of section 112 of the 

clean air act unless the requirements of subrule (1 )(a) and (b) of this rule have been 

met. In addition, except as provided in subrule (3) of this rule, the department shall 

not approve a permit to install that includes limitations which restrict the potential to 

emit of a stationary source, process, or process equipment to a quantity below that 

which would constitute a major source or modification under any applicable 

requirement of section 112 of the clean air act unless the requirements of sub rule 

(1)(a) and (b) of this rule have been met. 

(3) The department may approve a permit to install that includes limitations which 

restrict the potential to emit of a stationary source, process, or process equipment to 

a quantity below that which would constitute a major source or major modification 

under any part of these rules without meeting the requirement of subrule (1)(b) of 

this rule if the emission limitations restrict the potential to emit of the stationary 

source, process, or process equipment to less than 90% of the quantity referenced 

in the applicable requirement. 

R 336.1207 Denial of permits to install. 

Rule 207. (1) The department shall deny an application for a permit to install if, in 

the judgment of the department, any of the following conditions exist: 

(a) The equipment for which the permit is sought will not operate in compliance 

with the rules of the department or state law. 

(b) Operation of the equipment for which the permit is sought will interfere with the 

attainment or maintenance of the air quality standard for any air contaminant. 

(c) The equipment for which the permit is sought will violate the applicable 

requirements of the clean air act, as amended, 42 U.S.C. §7401 et seq., including 

any of the following: 

(i) The standards of performance for stationary sources, 40 C.F.R. part 60, 

adopted by reference in R 336.1299. 

(ii) The national emission standards for hazardous air pollutants, 40 C.F.R. part 61, 

adopted by reference in R 336.1299. 

(iii) The requirements of prevention of significant deterioration of air quality, 

R 336.2801 toR 336.2819 and R 336.2823. 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(iv) The requirements of nonattainment new source review, R 336.2901 to 

R 336.2903, R 336.2907, and R 336.2908. 

(v) The requirements for control technology determinations for major sources in 

accordance with 40 C.F.R. §63.40 to §63.44 and §63.50 to §63.56, adopted by 

reference in R 336.1299. 

(d) Sufficient information has not been submitted by the applicant to enable the 

department to make reasonable judgments as required by subdivisions (a) to (c) of 

this subrule. 

(2) When an application is denied, the applicant shall be notified in writing of the 

reasons therefor. A denial shall be without prejudice to the applicant's right to a 

hearing pursuant to section 5505(8) of the act or for filing a further application after 

revisions are made to meet objections specified as reasons for the denial. 

R 336.1211 Renewable operating permit applicability. 

Rule 211. (1) All of the following stationary sources are subject to the 

requirements of R 336.1210 to obtain, and only operate in compliance with, a 

renewable operating permit: 

(a) Major sources as defined by any of the following criteria: 

(i) A major source under section 112 of the clean air act, which is defined as any 

stationary source or group of stationary sources located within a contiguous area 

and under common control that emits, or has the potential to emit, in the aggregate, 

any of the following: 

(A) Ten tons per year of any hazardous air pollutant that has been listed under 

section 112(b) of the clean air act. 

(B) Twenty-five tons per year of any combination of hazardous air pollutants that 

have been listed under section 112(b) of the clean air act. 

(C) A lesser quantity as the administrator of the United States environmental 

protection agency may establish by rule for any hazardous air pollutant listed under 

section 112(b) of the clean air act. The department shall maintain, and make 

available upon request, a list of the hazardous air pollutants for which a lesser 

quantity criteria has been established. 

Emissions from any oil or gas exploration or production well, with its associated 

equipment, and emissions from any pipeline compressor or pump station shall not 

be aggregated with emissions from other similar units, whether or not the units are in 

a contiguous area or under common control, to determine whether the units or 

stations are major sources under this paragraph. For the purpose of this paragraph, 

the potential to emit of a stationary source for hazardous air pollutants includes 

fugitive emissions, regardless of the category of the stationary source. 

(ii) A stationary source that directly emits, or has the potential to emit, 100 tons per 

year or more of any of the following: 

(A) Lead. 

(B) Sulfur dioxide. 

(C) Nitrogen oxides. 

(D) Carbon monoxide. 

(E) PM-1 0. 

(F) Ozone. 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(G) Volatile organic compounds. 

(H) Any air contaminant regulated under section 111 of title I of the clean air act. 

(I) Any class I and class II substances under title VI of the clean air act. 

For the purpose of this paragraph, the fugitive emissions of a stationary source shall 

not be considered in determining whether the stationary source is a major source, 

unless the stationary source belongs to 1 of the categories listed in the definition of 

potential to emit in R 336.1116. 

(iii) A major stationary source, as defined in part d of title I of the clean air act and 

R 336.2901 (t), including, for ozone nonattainment areas, stationary sources that 

have the potential to emit 1 00 tons per year or more of volatile organic compounds 

or oxides of nitrogen in areas classified as marginal or moderate. 

(b) Any affected source as defined in section 402 of the clean air act. 

(c) Any solid waste incineration unit, as defined in section 129(g) of the clean air 

act, that is required to obtain a renewable operating permit under section 129(e) of 

the clean air act. 

(d) Any municipal solid waste landfill that has a design capacity equal to or greater 

than 2.5 million megagrams and 2.5 million cubic meters. 

(e) Any Portland cement plant subject to 40 C.F.R. part 63, subpart LLL, national 

emission standards for hazardous air pollutants from the Portland cement 

manufacturing industry, adopted by reference in R 336.1299, including both of the 

following: 

(i) Each kiln and each incline kiln/raw mill at any Portland cement plant, including 

alkali bypasses, except for kilns and in-line kiln/raw mills that burn hazardous waste 

and are subject to and regulated under 40 C.F.R. part 63, subpart EEE, national 

emission standards for hazardous air pollutants from hazardous waste combustors, 

adopted by reference in R 336.1299. 

(ii) Each Greenfield raw material dryer. 

(f) Any stationary source in a source category designated by the administrator of 

the United States environmental protection agency under 40 C.F.R. §70.3, adopted 

by reference in R 336.1299. 

(2) For the purposes of determining the applicability of R 336.1210, the potential to 

emit of a stationary source shall be the sum of the potential to emit of all process 

and process equipment located at the stationary source. 

(3) The following stationary sources are exempted from the obligation to obtain a 

renewable operating permit under R 336.1210: 

(a) All stationary sources and source categories for which the person owning or 

operating the stationary source would be required to obtain a permit solely because 

the stationary source is subject to 40 C.F.R. part 60, subpart AAA, standards of 

performance for new residential wood heaters, adopted by reference in R 336.1299. 

(b) All stationary sources and source categories for which the person owning or 

operating the stationary source would be required to obtain a permit solely because 

the stationary source is subject to 40 C.F.R. part 61, subpart M, national emission 

standard for hazardous air pollutants for asbestos, and §61.145, standard for 

demolition and renovation, adopted by reference in R 336.1299. 
MICHIGAN STATE IMPLEMENTATION PLAN 

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R 336.1213 Content of renewable operating permit. 

Rule 213. (1) Each renewable operating permit shall include all of the following 

general provisions: 

(a) A person shall comply with all conditions of the renewable operating permit. 

Any permit noncompliance constitutes a violation of the act and is grounds for 

enforcement action, for permit revocation or revision, or for denial of the renewal of a 

renewable operating permit. All terms and conditions of a renewable operating 

permit that are designated in the permit as federally enforceable pursuant to subrule 

(5} of this rule, are enforceable by the administrator of the United States 

environmental protection agency and by citizens under the provisions of the clean air 

act. 

(b) It shall not be a defense for a person in an enforcement action that it would 

have been necessary to halt or reduce the permitted activity in order to maintain 

compliance with the conditions of the permit. 

(c) The renewable operating permit may be modified, revised, or revoked for 

cause. The filing of a request by a person for a permit modification, revision, or 

termination, or a notification of planned changes or anticipated noncompliance does 

not stay any permit condition. This does not supersede or affect the ability of a 

person to make changes, at the person's own risk, pursuant to R 336.1215 and 

R 336.1216. 

(d) A person shall allow the department or an authorized representative of the 

department, upon presentation of credentials and other documents as may be 

required by law and upon stating the authority for and purpose of the investigation, 

to perform any of the following activities: 

(i) Enter, at reasonable times, a stationary source or other premises where 

emissions-related activity is conducted or where records must be kept under the 

conditions of the permit. 

(ii) Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit. 

(iii) Inspect, at reasonable times, any of the following: 

(A) Any stationary source. 

(B) Any emission unit. 

(C) Any equipment, including monitoring and air pollution control equipment. 

(D) Any work practices or operations regulated or required under the renewable 

operating permit. 

(iv) As authorized by section 5526 of the act, sample or monitor at reasonable 

times substances or parameters for the purpose of assuring compliance with the 

permit or applicable requirements. 

(e) A person shall furnish to the department, within a reasonable time, any 

information that the department may request, in writing, to determine whether cause 

exists for modifying, revising, or revoking the permit or to determine compliance with 

the permit. Upon request, a person shall also furnish to the department copies of 

any records that are required to be kept as a term or condition of the renewable 

operating permit. For information which is claimed by the person to be confidential, 

consistent with the requirements of 1976 PA 442, MCL 15.231, and known as the 

freedom of information act, the person may also be required to furnish the records 
MICHIGAN STATE IMPLEMENTATION PLAN 

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directly to the United States environmental protection agency together with a claim 

of confidentiality. 

(f) A challenge by any person, the administrator of the United States 

environmental protection agency, or the department to a particular condition or a 

part of a renewable operating permit shall not set aside, delay, stay, or in any way 

affect the applicability or enforceability of any other condition or part of the 

renewable operating permit. 

(g) A person shall pay fees consistent with the fee schedule and requirements 

pursuant to section 5522 of the act. 

(h) The renewable operating permit does not convey any property rights or any 

exclusive privilege. 

(i) Federally enforceable permit to install terms and conditions incorporated into 

the renewable operating permit are identified within the renewable operating permit 

as being established pursuant to R 336.1201. 

(2) Each renewable operating permit shall contain emission limits and standards, 

including operational requirements and limits that ensure compliance with all 

applicable requirements at the time of permit issuance. In addition, each renewable 

operating permit may contain additional limits agreeable to both the applicant and 

the department, provided that these limits are not contrary to R 336.1213 or the 

clean air act. The following provisions apply to emission limits and standards: 

(a) The renewable operating permit shall specify and reference the underlying 

applicable requirement for each term or condition and identify any difference in form 

as compared to the applicable requirement upon which the term or condition is 

based. 

(b) The renewable operating permit shall state that, where an applicable 

requirement is more stringent than an applicable requirement of regulations 

promulgated for affected sources under title IV of the clean air act, both provisions 

shall be incorporated into the permit. 

(c) If the state implementation plan allows for an alternative emission limit that is 

equivalent to the limit contained in the state implementation plan, any renewable 

operating permit containing the equivalent alternative emission limit shall contain 

terms and conditions to ensure that any such emission limit is quantifiable, 

accountable, enforceable, and based on replicable procedures. 

(d) Any term or condition established as a limit on the potential to emit of the 

stationary source shall be consistent with the requirements of R 336.1205(1 )(a). For 

each such limit on the potential to emit of the stationary source, the permit shall 

specify and reference any requirements that would otherwise be applicable to the 

source or emission unit. 

(3) The renewable operating permit shall contain terms and conditions necessary 

to ensure that sufficient testing, monitoring, recordkeeping, reporting, and 

compliance evaluation activities will be conducted to determine the status of 

compliance of the stationary source with the emission limitations and standards 

contained in the renewable operating permit. The following provisions apply to 

testing, monitoring, recordkeeping, reporting, and compliance evaluation activities: 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(a) With respect to testing and monitoring, each renewable operating permit shall 

contain terms and conditions necessary to ensure compliance with all of the 

following: 

(i) The use of all emissions monitoring and analysis procedures or test methods 

required by the applicable requirements, including 40 C.F.R. part 64 and any other 

procedures and methods promulgated pursuant to sections 504(b) or 114(a)(3) of 

the clean air act. Title 40 C.F.R. part 64 is adopted by reference in R 336.1299. If 

more than 1 monitoring or testing requirement applies, the permit may specify a 

streamlined set of monitoring or testing requirements, provided the specified 

monitoring or testing is adequate to assure compliance at least to the same extent 

as the monitoring or testing applicable requirements that were not included in the 

permit as a result of such streamlining. 

(ii) Where the applicable requirement does not require periodic testing or 

instrumental or non instrumental monitoring, which may consist of record keeping 

designed to serve as monitoring, the use of periodic monitoring sufficient to yield 

reliable data from the relevant time period that are representative of the stationary 

source's compliance with the permit, as reported pursuant to sub rule (3)(c) of this 

rule. The monitoring requirements shall ensure use of terms, test methods, units, 

averaging periods, and other statistical conventions consistent with the applicable 

requirement. Recordkeeping provisions shall be sufficient to meet the requirements 

of subrule (3)(b) of this rule. 

(iii) As necessary, requirements concerning the use, maintenance, and, where 

appropriate, installation of monitoring equipment or methods. 

(b) With respect to recordkeeping, each renewable operating permit shall contain 

terms and conditions necessary to ensure compliance with the recordkeeping 

requirements specified in the applicable requirements. Each renewable operating 

permit shall also contain terms and conditions that require, where appropriate, both 

of the following: 

(i) Records of any periodic emission or parametric monitoring that include all of 

the following information: 

(A) The date, location, time, and method of sampling or measurements. 

(B) The dates analyses of the samples were performed. 

(C) The company or entity that performed the analyses of the samples. 

(D) The analytical techniques or methods used. 

(E) The results of the analyses. 

(F) The related operating conditions or parameters that existed at the time of 

sampling or measurement. 

(ii) Retention of records of all required monitoring data and support information for 

a period of not less than 5 years from the date of the monitoring sample, 

measurement, report, or application. Support information includes all calibration and 

maintenance records and all original strip-chart recordings, or other original data 

records, for continuous monitoring instrumentation and copies of all reports required 

by the renewable operating permit. 

(c) With respect to reporting and the certification of reports, each renewable 

operating permit shall contain terms and conditions necessary to insure compliance 

with the reporting requirements specified in the applicable requirements. Except as 
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provided subdivision (iii)(B) of this subdivision, any document, including reports, 

required to be submitted to the department as a term or condition of a renewable 

operating permit shall include a certification by a responsible official which states 

that, based on information and belief formed after reasonable inquiry, the statements 

and information in the document are true, accurate, and complete. Each renewable 

operating permit shall also contain terms and conditions for all of the following: 

(i) The submittal of reports of any required monitoring at least once every 6 

months. All instances of deviations from permit requirements during the reporting 

period shall be clearly identified in the reports. Each report submitted pursuant to 

this subdivision shall include a certification by a responsible official which states that, 

based on information and belief formed after reasonable inquiry, the statements and 

information in the report are true, accurate, and complete. 

(ii) The prompt reporting of deviations from permit requirements. Prompt 

reporting shall be defined as follows, unless otherwise provided in the renewable 

operating permit: 

(A) For deviations that exceed the emissions allowed under the renewable 

operating permit, prompt reporting means reporting consistent with the requirements 

of R 336.1912. All reports submitted pursuant to this paragraph shall be promptly 

certified as specified in paragraph (iii) of this subdivision. 

(B) For deviations which exceed the emissions allowed under the renewable 

operation permit and which are not reported pursuant to R 336.1912 due to the 

duration of the deviation, prompt reporting means the reporting of all deviations in 

the reports required by paragraph (i) of this subdivision. The report shall describe 

reasons for each deviation and the actions taken to minimize or correct each 

deviation. 

(C) For deviations that do not exceed the emissions allowed under the renewable 

operating permit, prompt reporting means the reporting of all deviations in the 

reports required by paragraph (i) of this subdivision. The report shall describe the 

reasons for each deviation and the actions taken to minimize or correct each 

deviation. 

(iii) For reports required pursuant to paragraph (ii) of this subdivision, prompt 

certification of the reports means either of the following: 

(A) Submitting a certification by a responsible official with each report which 

states that, based on information and belief formed after reasonable inquiry, the 

statements and information in the report are true, accurate, and complete. 

(B) Submitting, within 30 days following the end of a calendar month during which 

1 or more prompt reports of deviations from the emissions allowed under the permit 

were submitted to the department pursuant to paragraph (ii) of this subdivision, a 

certification by a responsible official which states that, based on information and 

belief formed after reasonable inquiry, the statements and information contained in 

each of the reports submitted during the previous month were true, accurate, and 

complete. The certification shall include a listing of the reports that are being 

certified. Any report submitted pursuant to paragraph (ii) of this subdivision that will 

be certified on a monthly basis pursuant to this paragraph shall include a statement 

that certification of the report will be provided within 30 days following the end of the 

calendar month. 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(4) With respect to compliance, each renewable operating permit shall contain 

terms and conditions necessary to ensure each of the following: 

(a) Incorporation into the renewable operating permit of a schedule of 

compliance. 

(b) For a stationary source that is not in compliance with all applicable 

requirements at the time of issuance of a renewable operating permit, the 

submission of progress reports to the department, consistent with an applicable 

schedule of compliance, at least semiannually or more frequently if specified in an 

applicable requirement or by the department in the permit. Progress reports shall 

contain the information specified in both of the following provisions: 

(i) The date or dates for achieving the activities, milestones, or compliance 

required in the schedule of compliance, and the date or dates when the activities, 

milestones, or compliance were achieved. 

(ii) An explanation of why any dates in the schedule of compliance were not or will 

not be met and a description of any preventive or corrective measures adopted. 

(c) A requirement that, at least annually, or more frequently if specified in an 

applicable requirement or by the department in the renewable operating permit, the 

responsible official shall certify, in writing, to the department and to the United States 

environmental protection agency, that the stationary source is and has been in 

compliance with all terms and conditions contained in the renewable operating 

permit, except for any deviations from compliance that have been or are being 

reported to the department. The certification shall state that, based on information 

and belief formed after reasonable inquiry, the statements and information in the 

certification are true, accurate, and complete. Each certification of compliance shall 

include all of the following information: 

(i) The identification of each term or condition of the permit that is the basis of the 

certification. 

(ii) The compliance status of the stationary source with respect to each identified 

term or condition. 

(iii) Whether compliance was continuous or intermittent. 

(iv) The methods used for determining the compliance status of the stationary 

source, currently and over the reporting period consistent with subrules (3)(a), (b), 

and (c) of this rule. 

(v) Other facts as the department may require in the permit that are necessary to 

determine the compliance status of the stationary source. 

(5) Each renewable operating permit shall provide for the following: 

(a) Each renewable operating permit shall specifically designate as not being 

enforceable under the clean air act any terms and conditions included in the permit 

that are not required under the clean air act or under any of its applicable 

requirements. Terms and conditions so designated are not subject to the 

requirements for review by the United States environmental protection agency or 

affected states under R 336.1214. 

(b) Each renewable operating permit shall specifically designate each federally 

enforceable applicable requirement previously established in a permit to install 

pursuant to R 336.1201. 

(6) Both of the following provisions apply to permit shields: 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(a) Except as provided in subdivision (b) of this subrule, each renewable 

operating permit shall include a permit shield provision stating that compliance with 

the conditions of the permit shall be considered compliance with any applicable 

requirements as of the date of permit issuance, if either of the following provisions is 

satisfied: 

(i) The applicable requirements are included and are specifically identified in the 

permit. 

(ii) The permit includes a determination or a concise summary of the 

determination by the department that other specifically identified requirements are 

not applicable to the stationary source. 

(b) Nothing in this subrule or in any renewable operating permit shall alter or 

affect any of the following: 

(i) The provisions of section 303 of the clean air act, emergency orders, including 

the authority of the administrator of the United States environmental protection 

agency under that section. 

(ii) The liability of an owner or operator of a stationary source for any violation of 

applicable requirements before or at the time of permit issuance. 

(iii) The applicable requirements of the acid rain program, consistent with section 

408(a) of the clean air act. 

(iv) The ability of the United States environmental protection agency to obtain 

information from a stationary source pursuant to section 114 of the clean air act. 

(7) Each renewable operating permit shall be issued for a fixed term of not more 

than 5 years. Renewable operating permits that have terms of less than 5 years 

may be issued with the agreement of the department and the permit applicant. The 

terms and conditions of a renewable operating permit for affected sources under title 

IV of the clean air act that address the requirements of title IV shall be issued for a 

term of 5 years. The date of expiration of the renewable operating permit shall be 

specified in the permit. 

(8) A renewable operating permit shall include terms and conditions that allow a 

stationary source to switch its operation between reasonably anticipated operating 

scenarios if the scenarios have been identified by the stationary source in its 

application and found to be approvable by the department The terms and 

conditions shall provide for all of the following: 

(a) Require the stationary source, contemporaneously with making a change from 

one operating scenario to another, to record, in a log at the stationary source, a 

record of the scenario under which the source is operating. 

(b) Extend the permit shield described in subrule (6) of this rule to all terms and 

conditions under each approved operating scenario. 

(c) Ensure that the terms and conditions of each approved alternative scenario 

meet all applicable requirements. 

(9) A renewable operating permit shall include terms and conditions for the 

trading of emissions increases and decreases among process emission units within 

the stationary source solely for the purpose of complying with an emissions cap that 

is established in the permit independent of otherwise applicable requirements, if the 

terms and conditions have been requested by a person in an application for a 

renewable operating permit. If a person wishes to include the terms and conditions 
MICHIGAN STATE IMPLEMENTATION PLAN 

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in a renewable operating permit, the permit application shall include proposed 

replicable procedures and permit terms that the person believes ensure the 

emissions trades are quantifiable and enforceable. The terms and conditions shall 

include those necessary to meet the requirements of subrules (2) to (4) of this rule. 

The department shall not be required to include in the emissions trading provisions 

any emission units for which emissions are not quantifiable or for which there are no 

replicable procedures to enforce the emissions trades. The permit shall also require 

compliance with all applicable requirements. Both of the following provisions apply 

to the trading of emissions increases and decreases among emission units solely for 

the purpose of complying with an emissions cap: 

(a) A written notification to the department and the United States environmental 

protection agency is required 7 days in advance of any emissions trade under this 

subrule. The notice shall state when the change will occur and shall describe the 

changes in emissions that will result and how these increases and decreases in 

emissions will comply with the terms and conditions of the permit. 

(b) The permit shield described in sub rule (6) of this rule shall extend to terms 

and conditions that allow the increases and decreases in emissions. 

(10) In addition to the other requirements of this rule, each renewable operating 

permit for an affected source under title iv of the clean air act shall include a permit 

condition prohibiting emissions exceeding any allowances that an affected source 

lawfully holds as of the allowance transfer deadline pursuant to the federal acid rain 

program, adopted by reference in R 336.1299. All of the following apply to 

allowances: 

(a) A permit revision shall not be required for increases in emissions that are 

authorized by allowances acquired pursuant to title IV of the clean air act if the 

increases do not require a permit revision under any other applicable requirement. 

(b) A limit shall not be placed on the number of allowances held by the affected 

source. The affected source may not, however, use allowances as a defense to 

noncompliance with any other applicable requirement. 

(c) Any allowance shall be accounted for according to the procedures established 

in regulations promulgated under title IV of the clean air act. 

(11) A renewable operating permit for a temporary source may authorize 

emissions from a stationary source at multiple temporary locations. An affected 

source under title IV of the clean air act shall not be permitted as a temporary 

source. In addition to the other requirements of this rule, permits for temporary 

sources shall include all of the following provisions: 

(a) Conditions that will assure compliance with all applicable requirements at all 

authorized locations. 

(b) Requirements that the owner or operator notify the department not less than 

10 days in advance of each change in location. 

(c) Conditions that assure compliance with all other provisions of this rule. 

(12) A renewable operating permit shall contain terms and conditions allowing for 

emission averaging and emission reduction credit trading pursuant to any applicable 

interstate or regional emissions trading program that has been approved by the 

administrator of the United States environmental protection agency as a part of 

Michigan's state implementation plan. 
MICHIGAN STATE IMPLEMENTATION PLAN 

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R 336.1214 Approval of a renewable operating permit. 

Rule 214. (1) After the department has received an administratively complete 

application and all additional information requested by the department pursuant to 

R 336.1210(3) for a renewable operating permit, significant modification to a 

renewable operating permit, or the renewal of a renewable operating permit, the 

department shall prepare a draft permit and a report that sets forth the applicable 

requirements and factual basis for the draft permit terms and conditions. The report 

shall include citations of the applicable requirements, an explanation of any 

equivalent requirements or other changes included in the draft permit pursuant to 

R 336.1213(2), and any determination made pursuant toR 336.1213(6)(a)(ii) 

regarding requirements that are not applicable to the stationary source where the 

draft permit contains only a summary of the determination. 

(2) The person who applied for the renewable operating permit shall be provided 

with a reasonable period of time, but not less than 7 days nor more than 30 days, to 

review and comment on the draft renewable operating permit, draft renewable 

operating permit significant modification, or draft renewable operating permit renewal 

before the start of the public participation procedure specified in subrule (3) of this 

rule. If the person and the department cannot agree on the terms and conditions of 

the draft renewable operating permit, the terms and conditions that the department 

believes are necessary to comply with the requirements of R 336.1213 shall be 

incorporated into the draft renewable operating permit and the report required by 

subrule (1) of this rule shall include a discussion of the person's objections. 

(3) Except for modifications qualifying for administrative permit amendment 

procedures pursuant toR 336.1216(1) or minor permit modification procedures 

pursuant toR 336.1216(2), the draft renewable operating permit, draft renewable 

operating permit modification, or the draft renewable operating permit renewal shall 

be subjected to the following public participation procedure before the department 

submits a proposed renewable operating permit to the United States environmental 

protection agency for review pursuant to sub rule (6) of this rule: 

(a) The department shall provide public notice by publication in a newspaper of 

general circulation in the area where the stationary source is located or in a state 

publication designed to give general public notice. Notice shall also be provided to 

persons on a mailing list maintained by the department, including persons who 

request, in writing, to be on that list, and to any person who requests, in writing, to 

be notified of a permit action involving a specific stationary source. 

(b) The notice shall set forth all of the following information: 

(i) The name of the stationary source. 

(ii) The name and mailing address of the responsible official. 

(iii) The mailing address of the department. 

(iv) The activity or activities involved in the proposed permit action. 

(v) The emissions change involved in any permit modification. 

(vi) The name, address, and telephone number of a representative of the 

department from whom interested persons may obtain additional information, 

including copies of the draft permit, the report required under subrule (1) of this rule, 

and, to the extent provided by 1976 PA 442, MCL 15.231, and known as the 
MICHIGAN STATE IMPLEMENTATION PLAN 

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freedom of information act, the application and any other materials available to the 

department that are relevant to the permit decision. 

(vii) A brief description of the procedures to submit comments. 

(viii) The time and place of any hearing that may be held, including a statement of 

the procedures to request a hearing, unless a hearing has already been scheduled. 

(c) The department shall provide not less than 30 days for public comment and 

shall give notice of any public hearing not less than 30 days in advance of the 

hearing. 

(d) The department shall keep a record of the commenters and the issues raised 

during the public participation process and the records shall be available to the 

public. 

(4) The department shall give notice of each draft permit to any affected state on 

or before the time that the department provides notice to the public pursuant to 

subrule (3) of this rule, unless R 336.1216(2) requires the timing of the notice to be 

different. The department shall notify the administrator of the United States 

environmental protection agency and any affected state, in writing, of any refusal by 

the department to accept all recommendations for the proposed permit that the 

affected state submitted during the public comment period specified in subrule (3)(c) 

of this rule. The notice shall include the department's reasons for not accepting any 

recommendation. The department is not required to accept recommendations that 

are not based on applicable requirements. 

(5) After the completion of the public participation procedure specified in subrule 

(3) of this rule and the review by affected states specified in subrule (4) of this rule, 

the department shall prepare a proposed renewable operating permit, proposed 

renewable operating permit significant modification, or proposed renewable 

operating permit renewal. If the proposed renewable operating permit differs from 

the draft renewable operating permit in response to substantial and relevant 

comments from the public or affected states, the person who applied for the 

renewable operating permit shall be provided with a reasonable period of time, but 

not less than 7 days nor more than 30 days, to review and comment on the changes 

before the transmittal of the proposed renewable operating permit to the United 

States environmental protection agency for review. If the person and the 

department cannot agree on the changes to the proposed renewable operating 

permit, the changes that the department believes are necessary to comply with the 

requirements of R 336.1213 shall be incorporated into the proposed renewable 

operating permit and the person's objections shall be included in the information 

transmitted to the United States environmental protection agency for review. 

(6) Except as provided in 40 C.F.R. §70.8(a)(1) and (2), adopted by reference in 

R 336.1299, and as provided in R 336.1210(13), the department shall transmit a 

copy of each administratively complete application for a renewable operating permit, 

including any application for a significant modification to a renewable operating 

permit or for renewal of a renewable operating permit, all additional information 

submitted pursuant to R 336.121 0(3), the report prepared pursuant to subrule ( 1) of 

this rule, and the proposed renewable operating permit to the United States 

environmental protection agency. The department shall not take a final action to 

issue a renewable operating permit until 45 days after the United States 
MICHIGAN STATE IMPLEMENTATION PLAN 

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environmental protection agency has received all the information specified in this 

subrule and subrule (4) of this rule. If the administrator of the United States 

environmental protection agency objects, in writing, to the renewable operating 

permit before the end of the 45-day review period specified in this subrule, the 

department shall not issue the renewable operating permit until the administrator's 

objection has been resolved. The department shall follow the procedure specified in 

40 C.F.R. §70.8(c), adopted by reference in R 336.1299, to resolve the objection. 

The application shield provided by R 336.1210(1) shall continue to apply to the 

stationary source, consistent with the provisions of R 336.1210, until the department 

takes final action on the renewable operating permit. 

(7) The department shall make a final decision to issue or deny a renewable 

operating permit, a significant modification to a renewable operating permit, or the 

renewal of a renewable operating permit after completion of the review by the United 

States environmental protection agency specified in sub rule (6) of this rule. The final 

renewable operating permit shall contain all terms and conditions determined by the 

department to be necessary pursuant to R 336.1213, after consideration of all 

comments received during public participation pursuant to subrule (3) of this rule and 

affected state review pursuant to subrule (4) of this rule, including any terms and 

conditions necessary to resolve any objection by the administrator of the United 

States environmental protection agency pursuant to subrule (6) of this rule. The 

department shall transmit a copy of each final renewable operating permit to the 

United States environmental protection agency. A person aggrieved by the 

issuance, denial, modification, or renewal of a renewable operating permit may 

appeal the final decision as provided in section 5506(14) of the act. 

(8) Any person may petition the administrator of the United States environmental 

protection agency to make an objection regarding a renewable operating permit 

pursuant to 40 C.F.R. §70.8(d), adopted by reference in R 336.1299. The petition 

shall be filed within 60 days after the expiration of the administrator's 45-day review 

period specified in subrule (6) of this rule and 40 C.F .R. §70.8(c), adopted by 

reference in R 336.1299. The petition shall be based only on an objection to the 

renewable operating permit that was raised with reasonable specificity during the 

public comment period provided for in sub rule (3)(c) of this rule, unless the petitioner 

demonstrates that it was impracticable to raise the objection during the public 

comment period or unless the grounds for the objection arose after the public 

comment period. A petition for review does not stay the effectiveness of a 

renewable operating permit or its requirements if the renewable operating permit 

was issued after the end of the 45-day review period and before the department 

received an objection by the administrator. If the administrator of the United States 

environmental protection agency objects to the renewable operating permit as a 

result of a petition filed pursuant to 40 C.F.R. §70.8(d), adopted by reference in 

R 336.1299, before the department has issued the renewable operating permit, the 

department shall not issue the renewable operating permit until the administrator's 

objection has been resolved. The application shield provided by R 336.1210(1) shall 

continue to apply to the stationary source, consistent with the provisions of 

R 336.1210, until the department takes final action on the renewable operating 

permit. If the administrator of the United States environmental protection agency 
MICHIGAN STATE IMPLEMENTATION PLAN 

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objects to the renewable operating permit as a result of a petition filed pursuant to 

40 C.F.R. §70.8(d) after the department has issued the renewable operating permit, 

the department shall follow the procedure specified in 40 C.F.R. §70.7(g), adopted 

by reference in R 336.1299, to resolve the objection. 

R 336.1214a Consolidation of permits to install within renewable operating permit. 

Rule 214a. (1) The department shall issue a source-wide permit to install 

concurrent with each issuance and renewal of a renewable operating permit 

pursuant toR 336.1214 and each reissuance of a renewable operating permit 

pursuant toR 336.1217(2)(b). The source-wide permit to install shall be contained 

in the same document as the renewable operating permit. The source-wide permit 

to install shall specifically identify, consolidate, and incorporate all federally 

enforceable terms and conditions of existing permits to install into the renewable 

operating permit in accordance with the provisions of R 336.1212(5) and the permit 

content requirements of R 336.1213. 

(2) The source-wide permit to install is updated whenever a new process-specific 

permit to install is incorporated into the renewable operating permit in accordance 

with the provisions of R 336.1216. 

(3) Both of the following provisions apply to the incorporation of terms and 

conditions of a permit to install into a renewable operating permit: 

(a) Within the renewable operating permit, each federally enforceable term or 

condition that originated in a permit to install shall be specifically identified with an 

applicable requirement citation of R 336.1201(1)(a). This citation is in addition to the 

R 336.1213(2)(a) underlying applicable requirement citation. Each term or condition 

of the renewable operating permit with an applicable requirement citation of 

R 336.1201 (1 )(a) shall be considered a term or condition of the source-wide permit 

to install issued pursuant to this rule. 

(b) A federally enforceable term or condition of a renewable operating permit shall 

be considered a term or condition of the source-wide permit to install issued 

pursuant to this rule, if it can be reasonably demonstrated that the federally 

enforceable term or condition originated in a permit to install issued pursuant to 

R 336.1201. Each term or condition in a renewable operating permit issued before 

the effective date of this rule with any of the following underlying applicable 

requirements, identified pursuant to R 336.1213(2)(a), shall be considered a term or 

condition of the source-wide permit to install issued pursuant to this rule: 

(i) R 336.1201, R 336.1201 a. 

(ii) Title 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference in 

R 336.1299. 

(iii) R 336.1301(1)(c), R 336.1301(4), and R 336.1331(1)(c). 

(iv) R 336.1401(1)(b) and R 336.1403(4). 

(v) R 336.1702, R 336.1705, R 336.1706, R 336.1708, R 336.1709, and 

R 336.1710. 

(vi) R 336.2415. 

(vii) Title 40 C.F .R. §52.21, adopted by reference in R 336.1299. 

(viii) R 336.2801 toR 336.2819 and R 336.2823. 

(ix) R 336.2901 to R 336.2903, R 336.2907, and R 336.2908. 
MICHIGAN STATE IMPLEMENTATION PLAN 

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(4) The source-wide permit to install replaces all existing permits to install, in 

accordance with R 336.1201 (6)(b). Although the source-wide permit to install and 

the renewable operating permit are contained in the same document, the sourcewide permit to install maintains its own authority under section 5505 of the act. If the 

renewable operating permit expires or is voided, the source-wide permit to install 

remains in effect, unless the criteria of R 336.1201 (6)(a) or (6)(c) are met. 

(5) State-only enforceable terms and conditions from a permit to install that have 

been incorporated into a renewable operating permit shall be considered terms and 

conditions of a state-only enforceable permit to install established pursuant to 

R 336.1201 (2)(d). If the renewable operating permit later expires or is voided, the 

state-only enforceable permit to install does not expire, nor is it voided, unless the 

criteria of R 336.1201 (6)(a) or (c) are met. 

(6) Nothing in this rule shall relieve the requirement to obtain a permit to install 

pursuant toR 336.1201(1) for newly constructed, modified, reconstructed, or 

relocated process or process equipment that emits an air contaminant. 

R 336.1219 Amendments for change of ownership or operational control. 

Rule 219. (1) A person may notify the department, in writing, of a change in 

ownership or operational control of a stationary source or emission unit authorized 

by a permit to install or a permit to operate. The notification shall include all of the 

following information: 

(a) A description of the stationary source or emission unit affected by the change 

and a listing of the permits involved in the request. 

(b) An identification of the new owner or operator and a specific date for the 

transfer of responsibility, coverage, and liability. 

(c) A written statement by the new person owning or operating the stationary 

source or emission unit that the terms and conditions of the permit to install or permit 

to operate are understood and accepted. Acceptance of the terms and conditions of 

a permit does not affect the person's ability to subsequently request a modification to 

the permit to install or permit to operate pursuant toR 336.1201. The new person 

owning or operating the stationary source shall also notify the department of any 

change in the contact person regarding the permit. 

(2) A change in ownership or operational control of a stationary source or emission 

unit covered by a renewable operating permit shall be made pursuant to 

R 336.1216(1). 

R 336.1220 Rescinded 

R 336.1240 Required air quality models. 

Rule 240. All air quality modeling demonstrations required by prevention of 

significant deterioration of air quality regulations and new source review for major 

sources in nonattainment areas regulations, or used to support or amend the state 

implementation plan shall be made in accordance with the models and procedures in 

40 C.F.R. §51.160(f) and appendix W adopted by reference in R 336.1299. 

R 336.1241 Air quality modeling demonstration requirements. 
MICHIGAN STATE IMPLEMENT AT/ON PLAN 

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Rule 241. (1) All air quality modeling demonstrations required by the department 

which are not subject to R 336.1240 shall follow the procedures and methods 

referenced in R 336.1240, except for the demonstration may be based on the 

maximum ambient predicted concentration using the most recent calendar year of 

meteorological data from a representative national weather service, federal aviation 

administration station, or site specific measurement station. 

R 336.1277 New emission units at facilities with plantwide applicability limits; 

exemption. 

Rule 277. The owner or operator of a facility complying with an actuals PAL, 

established pursuant toR 336.2823 orR 336.2907, may install a new emissions unit 

without first obtaining a permit to install under R 336.1201, if all of the following 

requirements are met: 

(a) The new emissions unit will not cause a meaningful change in the nature or 

quantity of toxic air contaminants emitted from the stationary source unless the new 

emission unit is otherwise exempt under R 336.1278 toR 336.1290. In determining 

whether the new emissions unit will cause a meaningful change in the nature or 

quantity of toxic air contaminants, the following shall apply: 

(i) The owner or operator shall demonstrate to the department that a meaningful 

change in the nature or quantity of toxic air contaminants has not occurred. The 

owner or operator may devise its own method to perform this demonstration subject 

to approval by the department. However, if the applicant demonstrates that all toxic 

aircontaminants from a new emissions unit are within the levels specified in 

R 336.1226 orR 336.1227, then a meaningful change in air contaminants has not 

occurred. 

(ii) If, using the methods described in paragraph (a) of this subdivision, the owner 

or operator determines that the installation of new emission units will cause a 

meaningful change in the nature or quantity of toxic air contaminant emissions, then 

the owner or operator shall obtain a state-only enforceable permit to install under 

R 336. 1201(1)(b). 

(iii) A copy of the demonstration required by subparagraph (a) of this paragraph 

shall be kept on site for the life of the new emissions unit and made available to the 

department upon request. 

(b) The new emissions unit will only emit regulated new source review pollutants, 

as defined in R 336.2801(nn) and R 336.2901(ee), that are subject to a PAL, unless 

the new emission unit is otherwise exempt under R 336.1278 toR 336.1290. 

(c) The new emissions unit will not be a newly constructed or reconstructed major 

source of hazardous air pollutants as defined in and subject to 40 C.F.R. §63.2 and 

§63.5(b)(3), national emission standard for hazardous air pollutants, adopted by 

reference in R 336.1299. 

(d) The installation of the new emissions unit will not cause the violation of any 

other applicable requirement. 

(e) The owner or operator shall notify the department of the installation of a new 

emissions unit using the procedure in R 336. 1215(3)(c). 
MICHIGAN STATE IMPLEMENTATION PLAN 

-21-

R 336.1278 Exclusion from exemption. 

Rule 278. (1) The exemptions specified in R 336.1280 to R 336.1290 do not apply 

to either of the following: 

(a) Any activity that is subject to prevention of significant deterioration of air quality 

regulations or new source review for major sources in nonattainment areas 

regulations. 

(b) Any activity that results in an increase in actual emissions greater than the 

significance levels defined in R 336.1119. 

For the purpose of this rule, "activity" means the concurrent and related installation, 

construction, reconstruction, relocation, or modification of any process or process 

equipment. 

(2) The exemptions specified in R 336.1280 to R 336.1290 do not apply to the 

construction of a new major source of hazardous air pollutants or reconstruction of a 

major source of hazardous air pollutants, as defined in and subject to 40 C.F.R. 

§63.2 and §63.5(b)(3), national emission standards for hazardous air pollutants, 

adopted by reference in R 336.1299. 

(3) The exemptions specified in R 336.1280 to R 336.1290 do not apply to a 

construction or modification as defined in and subject to 40 C.F.R. part 61, national 

emission standards for hazardous air pollutants, adopted by reference in 

R 336.1299. 

(4) The exemptions in R 336.1280 toR 336.1290 apply to the requirement to 

obtain a permit to install only and do not exempt any source from complying with any 

other applicable requirement or existing permit limitation. 

R 336.1281 Permit to install exemptions; cleaning, washing, and drying equipment. 

Rule 281. The requirement of R 336.1201 (1) to obtain a permit to install does not 

apply to any of the following: 

(a) Vacuum-cleaning systems used exclusively for industrial, commercial, or 

residential housekeeping purposes. 

(b) Equipment used for portable steam cleaning. 

(c) Blast-cleaning equipment using a suspension of abrasive in water and any 

exhaust system or collector serving them exclusively. 

(d) Portable blast-cleaning equipment equipped with appropriately designed and 

operated enclosure and control equipment. 

(e) Equipment used for washing or drying materials, where the material itself 

cannot become an air contaminant, if no volatile organic compounds that have a 

vapor pressure greater than 0.1 millimeter of mercury at standard conditions are 

used in the process and no oil or solid fuel is burned. 

(f) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water 

solutions of bleach or detergents. 

(g) Dry-cleaning equipment that has a capacity of 100 or less pounds of clothes. 

(h) Cold cleaners that have an air/vapor interface of not more than 10 square feet. 

(i) Sterilization equipment at medical and pharmaceutical facilities using steam, 

hydrogen peroxide, peracetic acid, or a combination thereof. 

U) Portable blast-cleaning equipment used during construction to clean new water 

tanks or other new structures if the tank or structure is not located closer than the 
MICHIGAN STATE IMPLEMENTATION PLAN 

-22-

lesser of 750 feet or 5 times the height of the structure to the nearest residential, 

commercial, or public facility and the abrasive media is a low dusting material that 

does not contain more than 5% crystalline silica. 

R 336.1284 Permit to install exemptions; containers. 

Rule 284. Except as specified in R 336.1278, the requirement of R 336.1201 (1) to 

obtain a permit to install does not apply to containers, reservoirs, or tanks used 

exclusively for any of the following: 

(a) Dipping or storage operations for coating objects with oils, waxes, greases, or 

natural or synthetic resins containing no organic solvents. 

(b) Storage of butane, propane, or liquefied petroleum gas in a vessel that has a 

capacity of less than 40,000 gallons. 

(c) Storage and surge capacity of lubricating, hydraulic, and thermal oils and 

indirect heat transfer fluids. 

(d) Storage of no. 1 to no. 6 fuel oil as specified in ASTM-D-396, gas turbine fuel 

oils nos. 2-GT to 4-GT as specified in ASTM-D-2880, or diesel fuel oils nos. 2-D and 

4-D as specified in ASTM-D-975. The ASTM methods are adopted by reference in 

R 336.1299. 

(e) Storage of sweet crude or sweet condensate in a vessel that has a capacity of 

less than 40,000 gallons. 

(f) Storage of sour crude or sour condensate in a vessel that has a capacity of less 

than 40,000 gallons if vapor recovery or its equivalent is used to prevent the 

emission of vapors to the atmosphere. 

(g) Gasoline or natural gas storage and handling equipment, as follows: 

(i) Gasoline storage and handling equipment at loading facilities handling less than 

20,000 gallons per day or at dispensing facilities. 

(ii) Natural gas storage and handling equipment at dispensing facilities. 

(h) Storage of water solutions of inorganic salts and bases and of water solutions 

of the following acids: 

(i) Sulfuric acid that is not more than 99% by weight. 

(ii) Phosphoric acid that is not more than 99% by weight. 

(iii) Nitric acid that is not more than 20% by weight. 

(iv) Hydrochloric acid that is not more than 11% by weight. 

(i) Storage or transfer operations of volatile organic compounds or 

noncarcinogenic liquids in a vessel that has a capacity of not more than 40,000 

gallons where the contents have a true vapor pressure of not more than 1.5 psia at 

the actual storage conditions. 

Ul Pressurized storage of acetylene, hydrogen, oxygen, nitrogen, helium, and 

other substances, excluding chlorine and anhydrous ammonia in a quantity of more 

than 500 gallons, that have a boiling point of 0 degrees Celsius or lower. 

(k) Storage containers of noncarcinogenic solid material, including silos, which 

only emit particulate matter and which are controlled with an appropriately designed 

and operated fabric filter collector system or an equivalent control system. 

(I) Filling of noncarcinogenic liquids in shipping or storage containers that have 

emissions which are released only into the general in-plant environment. 

(m) Storage of wood and wood residues. 
MICHIGAN STATE IMPLEMENTATION PLAN 

-23-

(n) Storage of methanol in a vessel that has a capacity of not more than 30,000 

gallons. 

R 336.1285 Permit to install exemptions; miscellaneous. 

Rule 285. The requirement of R 336.1201 (1) to obtain a permit to install does not 

apply to any of the following: 

(a) Routine maintenance, parts replacement, or other repairs that are considered 

by the department to be minor, or relocation of process equipment within the same 

geographical site not involving any appreciable change in the quality, nature, 

quantity, or impact of the emission of an air contaminant therefrom. Examples of 

parts replacement or repairs considered by the department to be minor include the 

following: 

(i) Replacing bags in a baghouse. 

(ii) Replacing wires, plates, rappers, controls, or electric circuitry in an electrostatic 

precipitator which does not measurably decrease the design efficiency of the unit. 

(iii) Replacement of fans, pumps, or motors which does not alter the operation of a 

source or performance of air pollution control equipment. 

(iv) Boiler tubes. 

(v) Piping, hoods, and ductwork. 

(vi) Replacement of engines, compressors, or turbines as part of a normal 

maintenance program. 

(b) Changes in a process or process equipment which do not involve installing, 

constructing, or reconstructing an emission unit and which do not involve any 

meaningful change in the quality and nature or any meaningful increase in the 

quantity of the emission of an air contaminant therefrom. Examples of such changes 

in a process or process equipment include the following: 

(i) Change in the supplier or formulation of similar raw materials, fuels, or paints 

and other coatings. 

(ii) Change in the sequence of the process. 

(iii) Change in the method of raw material addition. 

(iv) Change in the method of product packaging. 

(v) Change in process operating parameters. 

(vi) Installation of a floating roof on an open top petroleum storage tank. 

(vii) Replacement of a fuel burner in a boiler with an equally or more thermally 

efficient burner. 

(viii) Lengthening a paint drying oven to provide additional curing time. 

(c) Changes in a process or process equipment which do not involve installing, 

constructing, or reconstructing an emission unit and which involve a meaningful 

change in the quality and nature, or a meaningful increase in the quantity, of the 

emission of an air contaminant resulting from any of the following: 

(i) Changes in the supplier or supply of the same type of virgin fuel, such as coal, 

no. 2 fuel oil, no. 6 fuel oil, or natural gas. 

(ii) Changes in the location, within the storage area, or configuration of a material 

storage pile or material handling equipment. 

(iii) Changes in a process or process equipment to the extent that such changes 

do not alter the quality and nature, or increase the quantity, of the emission of the air 
MICHIGAN STATE IMPLEMENTATION PLAN 

-24-

contaminant beyond the level which has been described in and allowed by an 

approved permit to install, permit to operate, or order of the department. 

(d) Reconstruction or replacement of air pollution control equipment with 

equivalent or more efficient equipment. 

(e) Installation, construction, or replacement of air pollution control equipment for 

an existing process or process equipment for the purpose of complying with the 

national emission standards of hazardous air pollutants regulated under section 112 

of part A of title I of the clean air act, 84 Statutes 1685, 42 U.S.C. §7412. 

(f) Installation or construction of air pollution control equipment for an existing 

process or process equipment if the control equipment itself does not actually 

generate a significant amount of criteria air contaminants as defined in 

R 336.1119(e) or a meaningful quantity of toxic air contaminants. 

(g) Internal combustion engines that have less than 10,000,000 Btu/hour maximum 

heat input. 

(h) Vacuum pumps in laboratory or pilot plant operations. 

(i) Brazing, soldering, welding, or plasma coating equipment. 

U) Portable cutting torches. 

(k) Grain, metal, or mineral extrusion presses. 

(I) The following equipment and any exhaust system or collector exclusively 

serving the equipment: 

(i) Equipment used exclusively for bending, forming, expanding, rolling, forging, 

pressing, drawing, stamping, spinning, or extruding either hot or cold metals. 

(ii) Die casting machines. 

(iii) Equipment for surface preparation of metals by use of aqueous solutions, 

except for acid solutions. 

(iv) Atmosphere generators used in connection with metal heat treating processes. 

(v) Equipment used exclusively for sintering of glass or metals, but not exempting 

equipment used for sintering metal-bearing ores, metal scale, clay, flyash, or metal 

compounds. 

(vi) Equipment for carving, cutting, routing, turning, drilling, machining, sawing, 

surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot 

peening, or polishing ceramic artwork, leather, metals, graphite, plastics, concrete, 

rubber, paper stock, wood, or wood products which meets any of the following: 

(A) Equipment used on a nonproduction basis. 

(B) Equipment has emissions that are released only into the general in-plant 

environment. 

(C) Equipment has externally vented emissions controlled by an appropriately 

designed and operated fabric filter collector that, for all specified operations with 

metal, is preceded by a mechanical precleaner. 

(vii) Photographic process equipment by which an image is reproduced upon 

material sensitized to radiant energy, including any of the following: 

(A) Blueprint machines. 

(B) Photocopiers. 

(C) Mimeograph machines. 

(D) Photographic developing processes. 

(E) Microfiche copiers. 
MICHIGAN STATE IMPLEMENTATION PLAN 

(viii) Battery charging operations. 

(ix) Pad printers. 

-25-

(m) Lagoons, process water treatment equipment, wastewater treatment 

equipment, and sewage treatment equipment, except for any of the following: 

(i) Lagoons and equipment primarily designed to treat volatile organic compounds 

in process water, wastewater, or groundwater, unless the emissions from the 

lagoons and equipment are only released into the general in-plant environment. 

(ii) Sludge incinerators and dryers. 

(iii) Heat treatment processes. 

(iv) Odor control equipment. 

(n) Livestock and livestock handling systems from which the only potential air 

contaminant emission is odorous gas. 

(o) Equipment for handling and drying grain on a farm. 

(p) Commercial equipment used for grain unloading, handling, cleaning, storing, 

loading, or drying in a column dryer that has a column plate perforation of not more 

than 0.094 inch or a rack dryer in which exhaust gases pass through a screen filter 

no coarser than 50 mesh. 

(q) Portable steam deicers that have a heat input of less than 1,000,000 Btu's per 

hour. 

(r) Equipment used for any of the following metal treatment processes if the 

process emissions are only released into the general in-plant environment: 

(i) Surface treatment. 

(ii) Pickling. 

(iii) Acid dipping. 

(iv) Cleaning. 

(v) Etching. 

(vi) Electropolishing. 

(vii) Electrolytic stripping or electrolytic plating. 

(s) Emissions or airborne radioactive materials specifically authorized pursuant to 

a United States nuclear regulatory commission license. 

(t) Equipment for the mining and screening of uncrushed sand, gravel, soil and 

other inorganic soil-like materials. 

(u) Solvent distillation equipment that has a rated batch capacity of not more than 

55 gallons. 

(v) Any vapor vacuum extraction soil remediation process where vapor is treated in 

a control device and all of the vapor is reinjected into the soil such that there are no 

emissions to the atmosphere during normal operation. 

(w) Air strippers controlled by an appropriately designed and operated carbon 

adsorption or incineration system that is used exclusively for the cleanup of gasoline, 

fuel oil, natural gas condensate, and crude oil spills. 

(x) Any asbestos removal or stripping process or process equipment. 

(y) Ozonization process or process equipment. 

(z) Combustion of boiler cleaning solutions that were solely used for or intended 

for cleaning internal surfaces of boiler tubes and related steam and water cycle 

components if the solution burned is not designated, by listing or specified 

characteristic, as hazardous pursuant to federal regulations or state rules. 
MICHIGAN STATE IMPLEMENTATION PLAN 

-26-

(aa) Landfills and associated flares and leachate collection and handling 

equipment. 

(bb) A residential, municipal, commercial, or agricultural composting process or 

process equipment. 

(cc) Gun shooting ranges controlled by appropriately designed and operated highefficiency particulate filters. 

(dd) Equipment for handling, conveying, cleaning, milling, mixing, cooking, drying, 

coating, and packaging grain-based food products and ingredients which meet any 

of the following: 

(i) Equipment used on a nonproduction basis. 

(ii) Equipment has emissions that are released only into the general in-plant 

environment. 

(iii) Equipment has externally vented emissions controlled by an appropriately 

designed and operated particulate control system. 

(ee) Open burning. 

(ff) Fire extinguisher filling, testing, spraying, and repairing. 

(gg) Equipment used for chipping, flaking, or hogging wood or wood residues that 

are not demolition waste materials. 

(hh) A process that uses only hand-held aerosol spray cans, including the 

puncturing and disposing of the spray cans. 

(ii) Fuel cells that use phosphoric acid, molten carbonate, proton exchange 

membrane, or solid oxide or equivalent technologies. 

Ui) Any vacuum truck used at a remediation site as a remedial action method, if it 

is not used more than once per month at a site and the usage is not more than 2 

consecutive days. 

(kk) Air sparging systems where the sparged air is emitted back to the atmosphere 

only by natural diffusion through the contaminated medium and covering soil or other 

covering medium. 

(II) Air separation or fractionation equipment used to produce nitrogen, oxygen, or 

other atmospheric gases. 

(mm) Routine and emergency venting of natural gas from transmission and 

distribution systems or field gas from gathering lines which meet any of the following: 

(i) Routine or emergency venting of natural gas or field gas in amounts less than or 

equal to 1 ,000,000 standard cubic feet per event. For purposes of this rule, an 

emergency is considered an unforeseen event that disrupts normal operating 

conditions and poses a threat to human life, health, property or the environment if 

not controlled immediately. 

(ii) Venting of natural gas in amounts greater than 1 ,000,000 standard cubic feet 

for routine maintenance or relocation of transmission and distribution systems 

provided that both of the following requirements are met: 

(A) The owner or operator notifies the department prior to a scheduled pipeline 

venting. 

(B) The venting includes, at a minimum, measures to assure safety of employees 

and the public, minimize impacts to the environment, and provide necessary 

notification in accordance with the Michigan gas safety standards, the federal 
MICHIGAN STATE IMPLEMENTATION PLAN 

-27-

pipeline and hazardous materials safety administration standards, and the federal 

energy regulatory commission standards, as applicable. 

(iii) Venting of field gas in amounts greater than 1,000,000 standard cubic feet for 

routine maintenance or relocation of gathering pipelines provided that both of the 

following are met: 

(A) The owner or operator notifies the department prior to a scheduled pipeline 

venting. 

(B) The venting includes, at a minimum, measures to assure safety of employees 

and the public, minimize impacts to the environment, and provide necessary 

notification in accordance with the Michigan department of environmental quality, 

office of geological survey, and the Michigan public service commission standards, 

as applicable. 

(iv) Emergency venting of natural gas or field gas in amounts greater than 

1 ,000,000 standard cubic feet per event, provided that the owner or operator notifies 

the pollution emergency alert system or PEAS within 24 hours of an emergency 

pipeline venting. For purposes of this rule, an emergency is considered an 

unforeseen event that disrupts normal operating conditions and poses a threat to 

human life, health, property or the environment if not controlled immediately. 

R 336.1288 Permit to install exemptions; oil and gas processing equipment. 

Rule 288. The requirement of R 336.1201(1) to obtain a permit to install does not 

apply to any of the following: 

(a) Gas odorizing equipment. 

(b) A glycol dehydrator that meets either of the following conditions: 

(i) It is located at an oil well site and is controlled by a condenser or by other 

control equipment of equivalent or better efficiency than the condenser. 

(ii) It is located at a site or facility that only processes natural gas from the Antrim 

zone. 

(c) A sweet gas flare. 

(d) Equipment for the separation or fractionation of sweet natural gas, but not 

including natural gas sweetening equipment. 

(e) Equipment that is used for oil and gas well drilling, testing, completion, rework, 

and plugging activities. 

R 336.1299 Adoption of standards by reference. 

Rule 299. (1) The following standards are adopted in these rules by reference 

and are available as noted: 

(a) "1996 TLVs and BEis. Threshold Limit Values for Chemical Substances and 

Physical Agents. Biological Exposure Indices," American conference of 

governmental industrial hygienists. For the purposes of R 336.1232, the chemical 

names and threshold limit values are adopted by reference. A copy may be 

inspected at the Lansing office of the air quality division of the department of 

environmental quality. A copy may be obtained from the Department of 

Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 

48909-7760, at a cost as of the time of adoption of these rules of $11.00, or from the 

American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow 
MICHIGAN STATE IMPLEMENTATION PLAN 

-28-

Drive, Cincinnati, Ohio 45240, at a cost as of the time of adoption of these rules of 

$11.00. The American Conference of Governmental industrial Hygienists can also 

be contacted on the internet at www.acgih.org, by telephone at 513-742-2020, or by 

email at mail@acgih.org. 

(b) "NIOSH Pocket Guide to Chemical Hazards," national institute for 

occupational safety and health, June 1994. For the purposes of R 336.1232, the 

chemical names and NIOSH-recommended exposure levels are adopted by 

reference. A copy may be inspected at the Lansing office of the air quality division 

of the department of environmental quality. A copy may be obtained from the 

Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, 

Michigan 48909-7760, at a cost as of the time of adoption of these rules of $14.00, 

or from the National Technical information Service, 5285 Port Royal Road, 

Springfield, Virginia 22161, NTIS document PB95-100368, at a cost as of the time of 

adoption of these rules of $14.00. The National Technical information Service can 

also be contacted on the internet at www.ntis.gov or by telephone at 888-584-8332. 

(c) "Guidelines for Carcinogen Risk Assessment," 1986, United States 

environmental protection agency, 51 F.R. pp. 33992 to 34003. Copies may be 

obtained from the Department of Environmental Quality, Air Quality Division, P.O. 

Box 30260, Lansing, Michigan 48909-7760, at no cost, or from CERI, Office of 

Resource Information, United States Environmental Protection Agency, 26 Martin 

Luther King Drive, Cincinnati, Ohio 45268, EPA document no. EPA 600/8-87/045, at 

no cost. 

(2) The following standards are adopted in these rules by reference and are 

available as noted. Copies are available for inspection and purchase at the Air 

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

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

of these rules (AQD price). Copies may be obtained from the Superintendent of 

Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, 

Pennsylvania, 15250-7954, at a cost as of the time of adoption of these rules (GPO 

price), or on the United States government printing office internet web site at 

http://www.access.gpo.gov: 

(a) The federal acid rain program, 40 C.F.R. §§72.1 to 72.96 (2006), 40 C.F.R. 

§§74.1 to 74.61 (2006), and 40 C.F.R. §§76.1 to 76.15 (2006), AQD price $72.00; 

GPO price $62.00. When used in these federal regulations, the term "permitting 

authority" shall mean the department and the term "administrator" shall mean the 

administrator of the United States environmental protection agency. If the provisions 

or requirements of 40 C.F.R. §§72.1 to 72.96, 40 C.F.R. §§74.1 to 74.61, or 40 

C.F.R. §§76.1 to 76.15 conflict with, or are not included in, R 336.1210 to 

R 336.1218, then the 40 C.F.R. §§72.1 to 72.96 and 40 C.F.R. §§76.1 to 76.15 

provisions and requirements shall apply and take precedence. 

(b) The federal hazardous air pollutant regulations governing constructed or 

reconstructed major sources, 40 C.F.R. §§63.40 to 63.44 (2006) and 63.50 to 63.56 

(2006), AQD price $68.00; GPO price $58.00. When used in these federal 

regulations, the term "permitting authority" shall mean the department and the term 

"administrator" shall mean the administrator of the United States environmental 

protection agency. 
MICHIGAN STATE IMPLEMENTATION PLAN 

-29-

(c) The federal compliance assurance monitoring regulations, 40 C.F.R. §§64.1 to 

64.10 (2006), AQD price $39.00; GPO price $29.00. When used in these federal 

regulations, the term "permitting authority" shall mean the department, and the term 

"administrator" shall mean the administrator of the United States environmental 

protection agency. 

(d) Title 40 C.F.R. §51.160(f), "Legally enforceable procedures," and appendix W, 

"Guideline on Air Quality Models" (2006); AQD price $55.00; GPO price $45.00. 

(3) For the purpose of clarifying the definitions in these rules, the following 

documents are adopted by reference in these rules. Copies are available for 

inspection and purchase at the Air Quality Division, Department of Environmental 

Quality, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, 

at a cost as of the time of adoption of these rules (AQD price). Copies of the 

documents may be obtained from the Superintendent of Documents, Government 

Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania, 15250-7954, at a cost 

as of the time of adoption of these rules (GPO price), or on the United States 

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

(a) Title 40 C.F.R. §§51.165, "Permit requirements," and 51.166, "Prevention of 

significant deterioration of air quality" (2006), AQD price $55.00/$45.00 GPO price. 

(b) Title 40 C.F.R., §52.21, "Prevention of Significant Deterioration of Air Quality" 

(2006), AQD price $70.00/$60.00 GPO price. 

(c) Title 40 C.F.R., part 60, "Standards of Performance for New Stationary 

Sources," (2006), AQD price $68.00/$58.00 GPO price for 60.1-end and AQD price 

$67.00/$57.00 GPO price for the appendices. 

(d) Title 40 C.F.R., part 61, "National Emission Standards for Hazardous Air 

Pollutants" (2006), AQD price $55.00/$45.00. 

(e) Title 40 C.F.R. §63.2, "Definitions," and §63.5(b)(3), "Requirements for 

existing, newly constructed and reconstructed sources" (2006), AQD price 

$68.00/$58.00 GPO price for 63.1-63.599. 

(f) Title 40 C.F.R. part 63, subpart EEE, "National Emission Standards for 

Hazardous Air Pollutants From Hazardous Waste Combustors" (2006), AQD price 

$60.00/$50.00 GPO price for 63.1200-63.1439. 

(g) Title 40 C.F.R. part 63, subpart LLL, "National Emission Standards for 

Hazardous Air Pollutants From the Portland Cement Manufacturing Industry" (2006), 

AQD price $60.00/$50.00 GPO price for 63.1200-63.1439. 

(h) Title 40 C.F.R. §70.3 (2006), "Applicability," AQD price $39.00/$29.00 GPO 

price for Parts 64-71. 

(i) Title 40 C.F.R. §70.7(g) (2006), "Reopenings for cause by EPA," AQD price 

$39.00/$29.00 GPO price for Parts 64-71. 

U) Title 40 C.F.R. §70.8(a)(1) and (2) (2006), "Transmission of information to the 

Administrator," AQD price $39.00/$29.00 GPO price for Parts 64-71. 

(k) Title 40 C.F.R. §70.8(c) (2006), "EPA objection," AQD price $39.00/$29.00 

GPO price for Parts 64-71. 

(I) Title 40 C.F.R. §70.8(d) (2006), "Public petitions to the Administrator," AQD 

price $39.00/$29.00 GPO price for Parts 64-71. 

(4) The ASTM methods are adopted in these rules by reference. Copies are 

available for inspection and purchase at the Air Quality Division, Department of 
MICHIGAN STATE IMPLEMENTATION PLAN 

-30-

Environmental Quality, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 

48909-7760, at the cost at the time of adoption of these rules. Copies may also be 

obtained from the ASTM International, 100 Barr Harbor Drive, P .0. Box C700, West 

Conshohocken, Pennsylvania 19428-2959; the ASTM website at www.astm.org; or 

contact ASTM customer service at service@astm.org; at a cost as of the time of 

adoption of these rules as follows: 

(a) ASTM-D-396-05, "Standard Specification for Fuel Oils," $30.00. 

(b) ASTM-D-2880-03, "Standard Specification for Gas Turbine Fuel Oils," $30.00. 

(c) ASTM-D-975-05, "Standard Specification for Diesel Fuel Oils," $35.00. 
MICHIGAN STATE IMPLEMENTATION PLAN 
·''"~.:"";.; ' , 

·'··~~--

JENNIFER M. GRANHOLM 

GOVERNOR 

MICHIGAN STATE IMPLEMENTATION PLAN 

STATE OF M'ICJ-IJGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSING 

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 336.1201, R 336.1202, 

R 336.1205, R 336.1207, R 336.1211, R 336.1213, R 336.1214, R 336.1214a, 

R 336.1219, R 336.1240, R 336.1241, R 336.1278, R 336.1281, R 336.1284, 

R 336.1285, R 336.1288, and R 336.1299; by adding R 336.1277; and by rescinding 

R 336.1220 of the Michigan Administrative Code. 

These rules are adopted pursuant to Sections 5503, 5505, 5506, and 5512 of Part 55, 

Air Pollution Control, of the Natural Resources and Environmental Protection Act, 

1994 PA 451, as amended, and Executive Order 1995-18. 

(>zr~ of 

Date Steven E. Chester, Director 

SOAHR 2004-007EQ 

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

www.michigan.gov • (BOO) 662-9278 
JENNIFER M. GRANHOLM 

GOVERNOR 

MICHIGAN STATE IMPLEMENTATION PLAN 

S'JATI: OF M'tCH!GAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSING 

May 23,2008 

Ms. Norene Lind, Administrative Rules Manager 

State Office of Administrative Hearings and Rules 

Department of Labor and Economic Growth 

Ottawa Building - Fourth Floor 

611 West Ottawa 

Lansing, Michigan 48933-1070 

Dear Ms. Lind: · 

STEVEN E. CHESTER 

DIRECTOR 

SUBJECT: Certificate of Adoption for Administrative Rules Promulgated Pursuant to 

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

Protection Act, 1994 PA 451, as Amended (Act 451 ), SOAHR 2004-007EQ 

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

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

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

1996, memorandum from the former Office of Regulatory Reform. All relevant citations 

in the Part 2, Air Use Approval, rules have been changed to reflect the state's permitting 

authority in Part 18, Prevention of Signification Deterioration of Air Quality, and Part 19, 

New Source .Review for Major Sources Impacting Nonattainment Areas (2004-054EQ). 

In addition, R 336.1220 has been rescinded. 

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

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

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

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

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

contact me. 

Enclosures 

Sincerely, 

~~~ Steven . Chester 

Director 

517-373-7917 

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

www.rnichlgan.gov • (800) 662-9276 
MICHIGAN STATE IMPLEMENTATION PLAN 

Ms. Norene Lind 2 

cc: Mr. Jim Sygo, Deputy Director, DEQ 

Ms. Susan Maul, Acting Regulatory Reform Officer, DEQ 

Mr. G. Vinson Hellwig, DEQ 

Ms. Jane Permoda, DEQ 

Mr. Jeffrey Rathbun, DEQ 

cc/enc: AQD, SOAHR 2004-007EQ File 

May 23,2008 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENTATION PLAN 

STATE OF MICHIGAN 

OFFICE: OF THE GOVERNOR 

JENNIFER 1'.1. GRANHOlM 

JID!Jt>6lilmiiii:R ~ 

February 22, 2003 

Mr. Thomas V. Skinner, Regional Administrator 

U.S. Environmental Protection Agency 

Region 5 

77 West Jackson Boulevard (R-19J) 

Chicago, Dlinois 60604-3507 

Dear Mr. Skinner: 

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

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

delegations and make grant applications to fund air quality programs. 

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

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

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

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

Mr. Stanley F. Pruss, Deputy Director, MDEQ 

"~"''"' ~~~ *lt•t•tll ..... ~(" 

Sincerely, 
MICHIGAN STATE IMPLEMENTATION PLAN 
0 

MICHIGAN STATE IMPLEMENTATION PLAN 

Division 

John C. Bollman, Director 

CERTIFICATE OF APPROVAL 

I hereby certifY that the Legislative Service Bureau has examined the 

attached proposed rules of the Department of Environmental Quality, dated 

January 18, 2007, amending R 336.1201, R 336.1202, R 336.1205, R 336. l207, R 

336.1211, R 336.1213, R 336.1214, R 336.1214a, R 336.1219, R 336.1240, R 

336.1241, R 336.1278, R 336.1281, R 336.1284, R 336.1285, R 336.1288, and R 

336.1299, adding R 336.1277, and rescinding R 336.1220 of the Department's 

rules entitled "Air Pollution Control- Part 2. Air Use Approval," and further 

certify that, pursuant to section 45 of 1969 P A 306, MCL 24.245, the Legislative 

Service Bureau approves the rules as to form, classification, and arrangement. 

Dated: December 5, 2007 

LEGISLATIVE SERVICE BUREAU 

Michigan Legislature 

124 W. Allegan Street, 3'' Floor o P.O. Box 30036 • Lansing, MI 48909-7536 • (517) 313-9425 o Fax: (517) 373-5642 
MICHIGAN STATE IMPLEMENTATION PLAN 

STATE OF MICHIGAN 

JENNIFER M. GRANHOLM STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES 

GOVERNOR 

LEGAL CERTIFICATION OF RULES 

PETER l. PLUMMER 

EXECUTIVE DIRECTOR 

I certify that I have examined the attached administrative rules, dated January 18, 2007, 

in which the Department of Environmental Quality proposes to modifY a portion of the 

Michigan Administrative Code entitled, ''Air Pollution Control- Part 2. Air Use Approval," 

by: 

• Rescinding R 336.1220. 

• AddingR336.1277. 

• Amending R 336.1201; R 336.1202, R 336.1205, R 336.1207, R 336.1211, R 

336.1213, R 336.1214, R 336.1214a, R 336.1219, R 336.1240, R 336.1241, 

R 336.1278, R 336.1281, R 336.1284, R 336.1285, R 336.1288, and R 336.1299. 

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

classification, and arrangement. 

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

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

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

constitutional rights, and are in conformity with the requirements of the Administrative 

Procedures Act. 

Dated: /t; 'f· 

2004-007 EQ 

State Office of Administrative Hearings and Rules 

STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES 

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

wv.w.michigan.gov • (517) 335-2484 
MICHIGAN STATE IMPLEMENTATION PLAN 

STA.TE OF MICHIGA-N 

oFFlCE OF THE GOVERNOR 

JENNIFER 

~ 

M. GRANHOLM 

OO/EI'lNOO 

February 22, 2003 

Mr. Thomas V. Sklnn~r, Regional Administrator 

U.S. Environmental Protection Agency 

Region 5 

77 West Jackson Boulevard (R-19J) 

Chicago, lllinois 60604-3507 

Dear Mr. Skinner: 

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

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

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

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

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

...... 1('1> "~ 

IIH•~•fll ~·"f~ 

Sincerely, 
MICHIGAN STATE IMPLEMENTATION PLAN 
To: Secretary of the Senate 

.·bEF'AR1ME:Nt OF STATE 

June 20, 2008 

NOTICE OF FILING 

ADMINISTRATIVE RULES 

Clerk of the House of Representatives 

Joint Committee on Administrative Rules 

State Office of Administrative Hearings and Rules (08-06-07) 

Legislative Service Bureau (2004-007 EQ) 

~~:::~~~~ ~~t?Jo=:e~~~nQ~;I~~rowth 

RECEIVED 

JUN 2 6 2008 

AIR QUALITY DIV. 

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

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

Economic Growth, State Office of Administrative Hearings and Rules filed at 4:37 P.M. this 

date, administrative rule (08-06-07) for the Department of Environmental Quality "Part 2. Air 

Use Approval". 

These rules take effect immediately after filing with the Secretary of State. 

Sincerely, 

Terri Lynn Land 

Secretary of State 

~tk.d-W/~ Robin Houston, Office Supervisor 

Office ofthe Great Seal 

Enclosure 

OFFICE OF THE GREAT SEAL 

108 SOUTH WASHINGTON SQUARE, SUITE 1 • LANSING, MICHIGAN 48918 

1·8 BB·SOS·MICH (1 ·888· 76 7·64 24) 

www. Mlchlgan.gov/sos 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENT AT/ON PLAN 

Agency Report to the 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

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

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

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

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

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

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

scanned attachment. 

Department 

I Environmental Quality 

Rule set number 

2004-007EQ 

Title of rules: 

I Michigan Air Pollution Control Rules, Part 2-Air Use Approval 

Ann Halbeisen, Constitution Hall; Phone 517-373-7045; Fax 517-241-7499 

2. Purpose for the _j)roposed rules and background: 

Rule packages SOAHR 2004-006EQ, 2004-007EQ, 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 2004-00BEQ (which consists of rules for NSR permitting in 

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

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

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

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

federal requirements from the mid-1980's. 

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

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

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

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

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

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

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

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

- 2 -

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

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

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

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

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

3. Summary of proposed rules: 

This rule package contains the addition of 1 rule, the revision of 16 rules, and the rescission of 1 

rule. The proposed new rule is R 336.1277 (Rule 277). Revisions are to R 336.1201, 

R 336.1202, R 336.1205, R 336.1207, R 336.1211, R 336.1214, R 336.1214a, R 336.1219, 

R 336.1240, R 336.1241, R 336.1278, R 336.1281, R 336.1284, R 336.1285, R 336.1288, and 

R 336.1299 (Rules 201, 202, 205, 207, 211, 214, 214a, 219, 240, 241, 278, 281, 284, 285, 288, 

and 299). The proposed rescission is R 336.1220 (Rule 220). 

Rule 220 contains the AQD's current permitting rule for major sources of air pollution located in 

nonattainment areas. Rule 220 reflects federal permitting requirements as they existed during 

the early 1980s. Rule 220 is being rescinded and replaced with 2004-054EQ (Part 19) which 

contains rules reflecting current federal permitting requirements for major sources of air 

pollution located in nonattainment areas. The new rules reflect all recent changes to 40 C.F.R. 

§51.165. These changes were promulgated by the EPA in an effort to clarify applicability and to 

encourage efficiency improvements at existing permitted sources. Additionally, citations in 

Rules 201, 202, 205, 207, 214a, 240, and 278 have been updated to refer to Part 19. 

Rules 281, 284, 285, and 288 contain new exemptions from minor source permitting 

requirements for facilities with very small sources of air pollution. The changes to these 

exemptions are as follows: 

• R 336.1281; Permit to install exemptions; cleaning, washing and drying equipment. 

Rule 281 (e) was changed to require that, if volatile organic compounds (VOCs) are used 

in the process for washing or drying the material, then the VOC vapor pressure must be 

less than 0.1 millimeter of mercury at standard conditions. Previously, no VOCs could be 

used in the process. 

• R 336.1284; Permit to install exemptions; containers. 

An exemption was added under Rule 284(n) which allows the storage of methanol in a 

vessel that has a capacity of not more than 30,000 gallons. 

• R 336.1285; Miscellaneous Exemptions 

Under Rule 285(1)(vi), graphite was added to the list of materials. Also under Rule 285(t), 

soil was added as a material that can be mined and screened. Additionally, a new 

exemption was added under Rule 285(mm) that allows for the routine and emergency 

venting of natural gas from transmission and distribution systems or field gas from 

gathering lines. 

• R 336.1288; Permit to install exemptions; oil and gas processing equipment. 

Under Rule 288(b), some clarifications were made regarding the exemption for glycol 

dehydrators, mainly where it is located and the minimum control equipment required to 

meet the exemption. The clarifications were made to reflect the exemption memo 

requirements as they appeared in the May 27, 1997, memo as written by Dennis M. 

Drake, Air Quality Division Chief, at that time. 
MICHIGAN STATE IMPLEMENTATION PLAN 

- 3 -

Rules 211 and 214 contain updated citations to federal requirements for the state's renewable 

operating permit (ROP) program. 

Rule 219 is being changed back to a discretionary "requirement," because the rule was 

inadvertently changed in July 2003 to a mandatory requirement. This happened because a 

sentence was removed from the beginning of the rule that previously made it clear that, at the 

discretion of the owner, a notice could be submitted to the DEQ when a change in ownership or 

name occurred at the facility. At the request of the regulated community and also AQD district 

staff, it was decided to change the rule back to how it was originally intended to be. 

Rules 240 and 241 adopt by reference federal modeling requirements. Rule 240 pertains to 

modeling required for prevention of significant deterioration and new source review for major 

sources in nonattainment areas. Rule 241 pertains to air quality modeling demonstrations that 

are required by the DEQ which are not subject to Rule 240. Modeling that falls under the 

requirements of Rule 241 shall follow the procedures and methods referenced in Rule 240, 

except for the demonstration may be based on the maximum ambient predicted concentration 

using the most recent calendar year of meteorological data from a representative national weather 

service, federal aviation administration station, or site-specific measurement station. 

Rule 277 is a new rule that allows some activities at sources covered by a Plantwide 

Applicability Limit (PAL) to be exempt from minor source permitting requirements. Rule 277 

contains provisions synchronizing the AQD's Rule 201 minor permit to install program with the 

new PAL provisions allowed by the federal rules and reflected in Rule 1907 of Part 19. Rule 

277 will apply to sources with PALs regardless of whether the source is located in an attainment 

or a nonattainment area. 

Rule 299 adopts by reference a number of documents. Several new documents are being 

adopted by reference in the rules and these adoptions have been added to Rule 299. 

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

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

must be located in the Upper Peninsula): 

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

Lansing State Journal 

Grand Rapids Press 

Pontiac Oakland Press 

Marquette Mining Journal 

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

6. Date of ublication of rules and 

November 15, 2006 
MICHIGAN STATE IMPLEMENTATION PLAN 

-4-

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

representative[s ]): 

The following attended from the Michigan Department of Environmental Quality: 

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

Lynn Fiedler, Supervisor, Permit Section, AQD 

Mary Ann Halbeisen, Administrative Rules Coordinator, AQD 

Marion Hart, Supervisor, Administration Section, AQD 

Jeffrey Rathbun, Engineer, Permit Section, AQD 

Holly Gohlke, Environmental Quality Analyst, Water Bureau 

James Ostrowski, Environmental Quality Analyst, Environmental Science and Services 

8. Names, organizations and (complete) addresses of persons attendh1gthe hearing: 

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

Jackson, Ml 49201 

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

Avenue, Lansing, Ml 48933 

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

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

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

Washington, DC 20005-6562 

Kent Evans, Director, Air Quality Services, Consumers Energy 

Kathryn R. Ross, Consumer Energy 

Mike Johnston, Director of Regulatory Affairs, Michigan Manufacturers Association 

Kent Evans on behalf of Michigan Natural Gas Coalition 

10. Persons submitting letters, comments and testimony of opposition: 

Patricia A. Perry 

Jaime Long 

Nancy Chrivia 

11. Summary of suggestions to modify proposed rules: 

General 

Comment: Five comments were received generally supportive of the proposed rule changes 

with a few exceptions noted below. 

AQD Response: The AQD has revised the rules in response to comments received, and the 

revised rules are dated Janua 18, 2007. 
MICHIGAN STATE IMPLEMENT AT/ON PLAN 

- 5 -

R 336.1277 (Rule 277) 

Comment: The Alliance of Automobile Manufacturers and Michigan Manufacturers Association 

commented that Rule 277 goes beyond the federal standard, and they appreciate the agency's 

intent to make this a state only enforceable provision and not including it in the SIP. 

AQD Response: Rule 277 is intended to be a state only rule and it will not be submitted to the 

EPA as a SIP revision. 

R 336.1285(tl (Rule 285) 

Comment: Rule 285(t) is a permit to install exemption for equipment for the mining and 

screening of uncrushed sand and gravel. Consumers Energy suggested that the language in 

Rule 285(t) be amended, because the company routinely uses bottom-ash material in the 

construction of ash disposal landfills and roadways. The proposed permit to install language 

would ensure that Consumers could continue to utilize the bottom-ash material for construction 

purposes and affords consideration of the beneficial re-use of the material, which would 

otherwise be a waste product. 

AQD Response: The AQD agrees with this suggestion, and the language in Rule 285(t) has 

been changed to read as follows: 

"Equipment for the mining and screening of uncrushed flative sand, gravel,afld- soil, 

and other inorganic soil-like materials." 

R 336.1285(mml (Rule 285) 

Comment: Rule 285(mm) is a new exemption for the venting of field gas or natural gas. The 

Michigan Natural Gas Coalition (MNGC) suggested that the AQD change the language in 

Rule 285(mm) to allow the reporting of routine (scheduled) gas venting just after such an event 

occurs. 

AQD Response: The AQD's intention has always been that notifications for routine gas venting 

must be prior to the venting of gas in amounts greater than 1,000,000 standard cubic feet. The 

initial language proposed said the owner or operator had to notify the AQD district supervisor at 

least 72 hours prior to a scheduled pipeline venting. The MNGC requested that the 

language be changed to read that the owner or operator had to notify the AQD district 

supervisor within 72 hours of a scheduled pipeline venting. 

It was stressed that AQD must be informed about a scheduled event prior to the event so that 

district staff would be prepared in case calls about the venting were received from the public. 

Ultimately, the language ended up being changed to" ... the owner or operator notifies the 

department prior to a scheduled pipeline venting" (dropped the 72 hours), because the main 

concern was that the AQD be notified prior to the scheduled venting. 

AQD does not agree with the requested changes to the Rule 285(mm) exemption. 

Comment: Patricia Perry of Lewiston commented that she was opposed to venting of gas wells 

and lines. 

AQD Response: The Air Pollution Control Rules dictate that the release of any air contaminant 

requires a permit to install. Natural Qas and field Qas meet the definition of an air contaminant 
MICHIGAN STATE IMPLEMENTATION PLAN 

- 6-

under the rules. Currently, there is no existing Air Pollution Control Rule that exempts the 

venting of natural gas or field gas from the requirement to obtain a permit to install. 

Venting of natural gas is regulated by the Michigan Public Service Commission, the United 

States Department of Transportation, and the Federal Energy Regulatory Commission. Venting 

of field gas is regulated by the Michigan Department of Environmental Quality, Office of 

Geological Services, and the Michigan Public Service Commission. The industry also has 

owner or operator's construction and maintenance practices in place to ensure safety and 

minimize emissions. 

The AQD has determined that existing government regulations adequately deal with safety and 

minimize air quality impacts from these venting activities. 

Comment: Jaime Long and Nancy Chrivia were opposed to Rule 285(mm) and requested that 

the AQD move the hearing to Gaylord or at least somewhere closer to Gaylord. 

AQD Response: The AQD had advertised the public hearing on 35 rules in four newspapers 

on November 16, 2006. A majority of the rules affected the southeastern part of Michigan, so 

holding the hearing in Lansing was a more central location. Moving the hearing just eight days 

before the hearing would have been very costly and most likely would have delayed the hearing 

and the rules process. Therefore, the AQD proceeded with holding the hearing in Lansing as 

scheduled. Every effort was made to accommodate the citizens in providing them with the 

hearing documentation and taking their written comments. 

Date report completed: 

I January 31, 2007 

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

Department of Environmental Quality 

Opening Statement 

By: Marion Hart, Hearings Officer 

December 20, 2006 

Introduction 

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

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

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

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

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

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

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

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

Hearing Agenda 

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

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

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

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

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

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

Background Information 

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

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

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

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

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

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

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

Purpose of Public Hearing 

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

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

Rule's procedures. 

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

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

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

in making a decision. 

Procedures 

1 
MICHIGAN STATE IMPLEMENTATION PLAN 

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

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

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

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

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

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

available here today. 

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

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

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

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

manner, we will follow these steps: 

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

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

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

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

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

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

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

How the Information Will be Used 

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

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

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

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

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

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

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

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

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

approximately four to five months. 

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

they would like to make a statement. 

Closing Statement 

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

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

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

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

The hearing is now closed. Thank you again. 

2 
MICHIGAN STATE IMPLEMENTATION PLAN 
MICHIGAN STATE IMPLEMENTATION PLAN 

GRAND RAPIDS PRESS 
MICHIGAN STATE IMPLEMENTATION PLAN 

LANSING STATE JOURNAL 
MICHIGAN STATE IMPLEMENTATION PLAN 
County of Oakland } 

STATE OF MICHIGAN, ss. 

Mary Ward 

MICHIGAN STATE IMPLEMENTATION PLAN 

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

Legal Rep deposes and says that I am the ................................................. of 

THE OAKLAND PRESS, a newspaper printed and circulated 

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

during the publication of the notice hereto annexed; that a notice 

of.. .................................................................................................. .. 

Public Notice 

of which the annexed notice Is a true copy, was published In the 

said OAKLAND PRESS ............................. : ................................. .. 

J~ . '"1''1''"'""1't!J:ri""""'"""""""""""'lmmedlately prece.dlng ~he .. L .. !.of ..... /.1. •.v. ............ that the annexed printed copy of sa1d not1ce 

was taken from the said newspaper. That the dates of 

publication of said notice were . ./XNCJflb?J ... I.(_a(..f.20J.l.J, 

~~~-~-~~.~.~:..:~i!/df...~~dJ~r! .................................... ~-~-~~-~~:~.~.~ .. ~.~~.~~~~.~~·-·.-~.·.·.~·.=.·.::::::~~ ................................................. ~.~ NOTARY PUBLIC, OAKLAND COUNTY, MICHIGAN 

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Michigan 

Register

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

Register

Published pursuant to § 24.208 of 

The Michigan Compiled Laws 

Issue No. 20— 2006 

(This issue, published November 15, 2006, contains 

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

Compiled and Published by the 

State Office of Administrative Hearings and Rules 
CONTENTS 

PROPOSED ADMINISTRATIVE RULES, 

NOTICES OF PUBLIC HEARINGS 

Department of Environmental Quality 

Air Quality Division (SOAHR # 2004-006) 

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

Department of Environmental Quality 

Air Quality Division (SOAHR # 2004-007) 

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

Department of Environmental Quality 

Air Quality Division (SOAHR # 2004-054) 

Part 19. New Source Review for Major Sources Impacting 

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

Department of Treasury 

Bureau of Bond Finance (SOAHR # 2005-096) 

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

Department of Community Health 

Director’s Office (SOAHR # 2006-044) 

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

Department of Treasury 

Bureau of Bond Finance (SOAHR # 2006-060) 

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

ENROLLED SENATE AND HOUSE 

BILLS SIGNED INTO LAW OR VETOED 

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

MICHIGAN ADMINISTRATIVE CODE TABLE 

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

CUMULATIVE INDEX 

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

17 

PROPOSED ADMINISTRATIVE RULES 

SOARH 2004-007 

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, 5506, and 5512 of 1994 PA 451, MCL 324.5503, 324,5505, 324.5506, and 324.5512, and 

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

Draft October 18, 2006 

 R 336.1201, R 336.1202, R 336.1205, R 336.1207, R 336.1211, R 336.1213, R 336.1214, 

R 336.1214a, R 336.1219, R 336.1240, R 336.1241, R 336.1278, R 336.1281, R 336.1284, R 336.1285, 

R 336.1288, and R 336.1299 of the Michigan Administrative Code are amended; R 336.1277 is added; 

and R 336.1220 is rescinded as follows: 

PART 2. AIR USE APPROVAL 

R 336.1201 Permits to install. 

 Rule 201. (1) Except as allowed in R 336.1202, or R 336.1278 R 336.1277 to R 336.1290, or 

R 336.2823(15) a person shall not install, construct, reconstruct, relocate, or modify any process or 

process equipment, including control equipment pertaining thereto, which may emit any of the 

following, unless a permit to install which authorizes such action is issued by the department: 

 (a) Any air pollutant regulated by title I of the clean air act and its associated rules, including 40 

C.F.R. §§51.165 and 52.21 51.166, adopted by reference in R 336.1299. 

 (b) Any air contaminant. 

A person who plans to install, construct, reconstruct, relocate, or modify any such process or process 

equipment shall apply to the department for a permit to install on an application form approved by the 

department and shall provide the information required in R 336.1203. 

 (2) The department may issue a permit to install for any of the following reasons: 

 (a) To authorize a person to install, construct, reconstruct, relocate, or modify a process or process 

equipment pursuant to subrule (1)(a) of this rule. 

 (b) To establish limits on potential to emit. The limits shall comply with the provisions of 

R 336.1205(1)(a). 

 (c) To consolidate terms and conditions from existing permits to install within a renewable operating 

permit pursuant to R 336.1214a. 
2006 MR 20 – November 15, 2006 

18 

 (d) To authorize a person to install, construct, reconstruct, relocate, or modify process or process 

equipment solely pursuant to subrule (1)(b) of this rule or to consolidate state-only enforceable 

conditions within a renewable operating permit when the renewable operating permit is issued pursuant 

to R 336.1214. This permit may establish terms and conditions that are legally enforceable solely 

pursuant to R 336.1224 to R 336.1232, R 336.1901, or other regulations that are not federally 

enforceable. Each condition in a permit issued pursuant to this subrule shall be identified as state-only 

enforceable. 

 (3) A permit to install may be approved subject to any condition, specified in writing, that is 

reasonably necessary to assure compliance with all applicable requirements. 

 (4) If a person decides not to install, construct, reconstruct, relocate, or modify the process or process 

equipment as authorized by a permit to install, then the person, or the authorized agent pursuant to 

R 336.1204, shall notify the department, in writing, and upon receipt of the notification by the 

department, the permit to install shall become void. If the installation, reconstruction, or relocation of 

the equipment, for which a permit has been issued, has not commenced within, or has been interrupted 

for, 18 months, then the permit to install shall become void, unless otherwise authorized by the 

department as a condition of the permit to install. 

 (5) Upon issuance of a permit to install, the emissions from the process or process equipment allowed 

by the permit to install shall be included in the potential to emit of the stationary source. Upon the 

physical removal of the process or process equipment, or upon a determination by the department that 

the process or process equipment has been permanently shut down, the permit to install shall become 

void and the emissions allowed by the permit to install shall no longer be included in the potential to 

emit of the stationary source. 

 (6) Except as provided in subrule (8) of this rule and R 336.1216, operation of the process or process 

equipment is allowed by the permit to install. The department may void a permit to install upon any of 

the following actions: 

 (a) A new permit to install authorizing the action is approved by the department in accordance with 

subrule (2)(a), (b), or (d) of this rule, and the new permit to install renders all portions of the old permit 

obsolete. 

 (b) All terms and conditions of the permit to install are incorporated into a renewable operating permit, 

in accordance with the provisions of R 336.1212(5) and R 336.1213, and a source-wide permit to install 

is issued pursuant to R 336.1214a. 

 (c) All of the emission units, processes, or process equipment covered by the permit to install are 

physically removed from the stationary source or the department makes a determination that the 

emission units, processes, or process equipment covered by the permit to install have been permanently 

shut down. 

 (7) The department may require 1 or both of the following notification requirements as a condition of 

a permit to install: 

 (a) Not more than 30 days after completion of the installation, construction, reconstruction, relocation, 

or modification authorized by the permit to install, unless a different period is specified in the permit to 

install, the person to whom the permit to install was issued, or the authorized agent pursuant to 

R 336.1204, shall notify the department, in writing, of the completion of the activity. Completion of the 

installation, construction, reconstruction, relocation, or modification is considered to occur not later than 

commencement of trial operation of the process or process equipment. 

 (b) Within 12 months after completion of the installation, construction, reconstruction, relocation, or 

modification authorized by the permit to install, or 18 months after the effective date of this rule, 

whichever is later, unless a different period is specified in the permit to install, the person to whom the 

permit to install was issued, or the authorized agent pursuant to R 336.1204, shall notify the department, 
2006 MR 20 – November 15, 2006 

19 

in writing, of the status of compliance of the process or process equipment with the terms and conditions 

of the permit to install. The notification shall include all of the following: 

 (i) The results of all testing, monitoring, and recordkeeping performed by the stationary source to 

determine the actual emissions from the process or process equipment and to demonstrate compliance 

with the terms and conditions of the permit to install. 

 (ii) A schedule of compliance for the process or process equipment. 

 (iii) A statement, signed by the person owning or operating the process or process equipment, that, 

based on information and belief formed after reasonable inquiry, the statements and information in the 

notification are true, accurate, and complete. 

 (8) If evidence indicates that the process or process equipment is not performing in accordance with 

the terms and conditions of the permit to install, the department, after notice and opportunity for a 

hearing, may revoke the permit to install consistent with section 5510 of the act. Upon revocation of the 

permit to install, operation of the process or process equipment shall be terminated. Revocation of a 

permit to install is without prejudice and a person may file a new application for a permit to install that 

addresses the reasons for the revocation. 

R 336.1202 Waivers of approval. 

 Rule 202. (1) If the requirement for approval of a permit to install before construction will create an 

undue hardship to the applicant, the applicant may request a waiver to proceed with construction from 

the department. The application for a waiver shall be in writing, shall explain the circumstances that 

will cause the undue hardship, and shall be signed by the owner or his or her authorized agent. The 

application shall be acted upon by the department within 30 days. If a waiver is granted, the applicant 

shall submit pertinent plans and specifications for approval as soon as is reasonably practical. The 

applicant, after a waiver is granted, shall proceed with the construction at his or her own risk; however, 

operation of the equipment shall not be authorized until the application for a permit to install has been 

approved by the department. After construction, modification, relocation, or installation has begun or 

been completed, if the plans, specifications, and completed installations do not meet department 

approval, then the application for a permit to install shall be denied, unless the alterations required to 

effect approval are made within a reasonable time as specified by the department. 

 (2) The provisions of subrule (1) of this rule shall not apply to any of the following: 

 (a) Any activity that is subject to 40 C.F.R. §52.21 R 336.2802, prevention of significant deterioration 

regulations, or R 336.1220 R 336.2902, nonattainment new source review regulations. 

 (b) Construction or reconstruction of a major source of hazardous air pollutants as defined in and 

subject to, national emission standards for hazardous air pollutants for source categories. 

 (c) Construction or modification as defined in and subject to 40 C.F.R. part 61, national emission 

standards for hazardous air pollutants, adopted by reference in R 336.1299. 

 For the purpose of this subrule, “activity” means the concurrent and related installation, construction, 

reconstruction, relocation, or modification of any process or process equipment. 

R 336.1205 Permit to install; approval. 

 Rule 205. (1) The department shall not approve a permit to install for a stationary source, process, or 

process equipment that meets the definition of a major offsetstationary source, or major offset 

modification under any part of these rules, or a major source or modification under any applicable 

requirement of part C of title I of the clean air act unless the requirements specified in subdivisions (a) 

and (b) of this subrule have been met. In addition, except as provided in subrule (3) of this rule, the 

department shall not approve a permit to install that includes limitations which restrict the potential to 

emit from a stationary source, process, or process equipment to a quantity below that which would 
2006 MR 20 – November 15, 2006 

20 

constitute a major offset source, or major offset modification under any part of these rules , or a major 

source or modification under any applicable requirement of part C of title I of the clean air act unless 

both of the following requirements have been met: 

 (a) The permit to install contains emission limits that are enforceable as a practical matter. An 

emission limit restricts the amount of an air contaminant that may be emitted over some time period. 

The time period shall be set in accordance with the applicable requirements and, unless a different time 

period is provided by the applicable requirement, should generally not be more than 1 month, unless a 

longer time period is approved by the department. A longer time period may be used if it is a rolling 

time period, but shall not be more than an annual time period rolled on a monthly basis. If the emission 

limit does not reflect the maximum emissions of the process or process equipment operating at full 

design capacity without air pollution control equipment, then the permit shall contain 1 of the following: 

 (i) A production limit which restricts the amount of final product that may be produced over the same 

time period used in the emission limit and which comports with the true design and intended operation 

of the process or process equipment. 

 (ii) An operational limit which restricts the way the process or process equipment is operated and 

which comports with the true design and intended operation of the process or process equipment. An 

operational limit may include conditions specifying any of the following: 

 (A) The installation, operation, and maintenance of air pollution control equipment. 

 (B) The hours of operation of the stationary source, process, or process equipment, if the hours are less 

than continuous. 

 (C) The amount or type of raw materials used by the stationary source, process, or process equipment. 

 (D) The amount or type of fuel combusted by the stationary source, process, or process equipment. 

 (E) The installation, operation, and maintenance of a continuous gas flow meter and a continuous 

emission monitor for the air contaminant for which an enforceable emission limit is required. 

 (iii) For volatile organic compound surface coating operations where an add-on control is not 

employed, an emission or usage limit coupled with a requirement to calculate or demonstrate daily 

compliance. 

 (b) A draft permit has been subjected to the public participation process specified in section 5511(3) 

of the act. The department shall provide a copy of the draft permit to the United States environmental 

protection agency for review and comment at or before the start of the public comment period. The 

department shall also provide a copy of each final permit to install issued pursuant to this rule to the 

United States environmental protection agency. 

 (2) The department shall not approve a permit to install to construct a major source or reconstruct a 

major source under any applicable requirement of section 112 of the clean air act unless the 

requirements of subrule (1)(a) and (b) of this rule have been met. In addition, except as provided in 

subrule (3) of this rule, the department shall not approve a permit to install that includes limitations 

which restrict the potential to emit of a stationary source, process, or process equipment to a quantity 

below that which would constitute a major source or modification under any applicable requirement of 

section 112 of the clean air act unless the requirements of subrule (1)(a) and (b) of this rule have been 

met. 

 (3) The department may approve a permit to install that includes limitations which restrict the 

potential to emit of a stationary source, process, or process equipment to a quantity below that which 

would constitute a major offset source, or major offset modification under any part of these rules, or a 

major source or modification under any applicable requirement of section 112 or part C of title I of the 

clean air act without meeting the requirement of subrule (1)(b) of this rule if the emission limitations 

restrict the potential to emit of the stationary source, process, or process equipment to less than 90% of 

the quantity referenced in the applicable requirement. 
2006 MR 20 – November 15, 2006 

21 

 (4) At such time that a particular source or modification becomes a major offset source, major offset 

modification, or a major source or modification under any applicable requirement of part C of title I of 

the clean air act solely by virtue of a relaxation in any permit limitation established on potential to emit 

a pollutant, such as a restriction on hours of operation, then the requirements of R 336.1201 and 

R 336.1220 shall apply to the source or modification as though construction had not yet commenced.

R 336.1207 Denial of permits to install. 

 Rule 207. (1) The department shall deny an application for a permit to install if, in the judgment of 

the department, any of the following conditions exist: 

 (a) The equipment for which the permit is sought will not operate in compliance with the rules of the 

department or state law. 

 (b) Operation of the equipment for which the permit is sought will interfere with the attainment or 

maintenance of the air quality standard for any air contaminant. 

 (c) The equipment for which the permit is sought will violate the applicable requirements of the clean 

air act, as amended, 42 U.S.C. §7401 et seq., including any of the following: 

 (i) The standards of performance for stationary sources, 40 C.F.R. part 60, adopted by reference in 

R 336.1299. 

 (ii) The national emission standards for hazardous air pollutants, 40 C.F.R. part 61, adopted by 

reference in R 336.1299. 

 (iii) The requirements of prevention of significant deterioration of air quality, 40 C.F.R. §52.21 R 

336.2801 to R 336.2819 and R 336.2823. 

 (iv) The requirements of nonattainment new source review, R 336.2901 to R 336.2903, 

R 336.2907, and R 336.2908. 

 (iv)(v) The requirements for control technology determinations for major sources in accordance with 

40 C.F.R. §63.40 to §63.44 and §63.50 to §63.56, adopted by reference in R 336.1299(e)R 336.1299. 

 (d) Sufficient information has not been submitted by the applicant to enable the department to make 

reasonable judgments as required by subdivisions (a) to (c) of this subrule. 

 (2) When an application is denied, the applicant shall be notified in writing of the reasons therefor. A 

denial shall be without prejudice to the applicant's right to a hearing pursuant to section 5505(8) of the 

act or for filing a further application after revisions are made to meet objections specified as reasons for 

the denial. 

R 336.1211 Renewable operating permit applicability. 

 Rule 211. (1) All of the following stationary sources are subject to the requirements of R 336.1210 to 

obtain, and only operate in compliance with, a renewable operating permit: 

 (a) Major sources as defined by any of the following criteria: 

 (i) A major source under section 112 of the clean air act, which is defined as any stationary source or 

group of stationary sources located within a contiguous area and under common control that emits, or 

has the potential to emit, in the aggregate, any of the following: 

 (A) Ten tons per year of any hazardous air pollutant that has been listed under section 112(b) of the 

clean air act. 

 (B) Twenty-five tons per year of any combination of hazardous air pollutants that have been listed 

under section 112(b) of the clean air act. 

 (C) A lesser quantity as the administrator of the United States environmental protection agency may 

establish by rule for any hazardous air pollutant listed under section 112(b) of the clean air act. The 

department shall maintain, and make available upon request, a list of the hazardous air pollutants for 

which a lesser quantity criteria has been established. 
2006 MR 20 – November 15, 2006 

22 

Emissions from any oil or gas exploration or production well, with its associated equipment, and 

emissions from any pipeline compressor or pump station shall not be aggregated with emissions from 

other similar units, whether or not the units are in a contiguous area or under common control, to 

determine whether the units or stations are major sources under this paragraph. For the purpose of this 

paragraph, the potential to emit of a stationary source for hazardous air pollutants includes fugitive 

emissions, regardless of the category of the stationary source. 

 (ii) A stationary source that directly emits, or has the potential to emit, 100 tons per year or more of 

any of the following: 

 (A) Lead. 

 (B) Sulfur dioxide. 

 (C) Nitrogen oxides. 

 (D) Carbon monoxide. 

 (E) PM-10. 

 (F) Ozone. 

 (G) Volatile organic compounds. 

 (H) Any air contaminant regulated under section 111 of title I of the clean air act. 

 (I) Any class I and class II substances under title VI of the clean air act. 

For the purpose of this paragraph, the fugitive emissions of a stationary source shall not be considered in 

determining whether the stationary source is a major source, unless the stationary source belongs to 1 of 

the categories listed in the definition of potential to emit in R 336.1116. 

 (iii) A major stationary source, as defined in part d of title I of the clean air act and R 336.2901(t), 

including, for ozone nonattainment areas, stationary sources that have the potential to emit 100 tons per 

year or more of volatile organic compounds or oxides of nitrogen in areas classified as marginal or 

moderate. 

 (b) Any affected source as defined in section 402 of the clean air act. 

 (c) Any solid waste incineration unit, as defined in section 129(g) of the clean air act, that is required 

to obtain a renewable operating permit under section 129(e) of the clean air act. 

 (d) Any municipal solid waste landfill that has a design capacity equal to or greater than 2.5 million 

megagrams and 2.5 million cubic meters. 

 (e) Any Portland cement plant subject to 40 C.F.R. part 63, subpart LLL, national emission 

standards for hazardous air pollutants from the Portland cement manufacturing industry, 

adopted by reference in R 336.1299, including both of the following: 

 (i) Each kiln and each in-line kiln/raw mill at any Portland cement plant, including alkali 

bypasses, except for kilns and in-line kiln/raw mills that burn hazardous waste and are subject to 

and regulated under 40 C.F.R. part 63, subpart EEE, national emission standards for hazardous 

air pollutants from hazardous waste combustors, adopted by reference in R 336.1299. 

 (ii) Each Greenfield raw material dryer. 

 (e)(f) Any stationary source in a source category designated by the administrator of the United States 

environmental protection agency under 40 C.F.R. §70.3, adopted by reference in R 336.1299. 

 (2) For the purposes of determining the applicability of R 336.1210, the potential to emit of a 

stationary source shall be the sum of the potential to emit of all process and process equipment located 

at the stationary source. 

 (3) The following stationary sources are exempted from the obligation to obtain a renewable operating 

permit under R 336.1210: 

 (a) All stationary sources and source categories for which the person owning or operating the 

stationary source would be required to obtain a permit solely because the stationary source is subject to 
2006 MR 20 – November 15, 2006 

23 

40 C.F.R. part 60, subpart AAA, standards of performance for new residential wood heaters, adopted 

by reference in R 336.1299. 

 (b) All stationary sources and source categories for which the person owning or operating the 

stationary source would be required to obtain a permit solely because the stationary source is subject to 

40 C.F.R. part 61, subpart M, national emission standard for hazardous air pollutants for asbestos, and 

§61.145, standard for demolition and renovation, adopted by reference in R 336.1299. 

R 336.1213 Content of renewable operating permit. 

 Rule 213. (1) Each renewable operating permit shall include all of the following general 

provisions: 

 (a) A person shall comply with all conditions of the renewable operating permit. Any permit 

noncompliance constitutes a violation of the act and is grounds for enforcement action, for permit 

revocation or revision, or for denial of the renewal of a renewable operating permit. All terms and 

conditions of a renewable operating permit that are designated in the permit as federally enforceable 

pursuant to subrule (5) of this rule, are enforceable by the administrator of the United States 

environmental protection agency and by citizens under the provisions of the clean air act. 

 (b) It shall not be a defense for a person in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of 

the permit. 

 (c) The renewable operating permit may be modified, revised, or revoked for cause. The filing 

of a request by a person for a permit modification, revision, or termination, or a notification of planned 

changes or anticipated noncompliance does not stay any permit condition. This does not supersede or 

affect the ability of a person to make changes, at the person's own risk, pursuant to R 336.1215 and 

R 336.1216. 

 (d) A person shall allow the department or an authorized representative of the department, upon 

presentation of credentials and other documents as may be required by law and upon stating the 

authority for and purpose of the investigation, to perform any of the following activities: 

 (i) Enter, at reasonable times, a stationary source or other premises where emissions-related 

activity is conducted or where records must be kept under the conditions of the permit. 

 (ii) Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of the permit. 

 (iii) Inspect, at reasonable times, any of the following: 

 (A) Any stationary source. 

 (B) Any emission unit. 

 (C) Any equipment, including monitoring and air pollution control equipment. 

 (D) Any work practices or operations regulated or required under the renewable operating 

permit. 

 (iv) As authorized by section 5526 of the act, sample or monitor at reasonable times substances 

or parameters for the purpose of assuring compliance with the permit or applicable requirements. 

 (e) A person shall furnish to the department, within a reasonable time, any information that the 

department may request, in writing, to determine whether cause exists for modifying, revising, or 

revoking the permit or to determine compliance with the permit. Upon request, a person shall also 

furnish to the department copies of any records that are required to be kept as a term or condition of the 

renewable operating permit. For information which is claimed by the person to be confidential, 

consistent with the requirements of 1976 PA 442, MCL 15.231, and known as the freedom of 

information act, the person may also be required to furnish the records directly to the United States 

environmental protection agency together with a claim of confidentiality. 
2006 MR 20 – November 15, 2006 

24 

 (f) A challenge by any person, the administrator of the United States environmental protection 

agency, or the department to a particular condition or a part of a renewable operating permit shall not set 

aside, delay, stay, or in any way affect the applicability or enforceability of any other condition or part 

of the renewable operating permit. 

 (g) A person shall pay fees consistent with the fee schedule and requirements pursuant to section 

5522 of the act. 

 (h) The renewable operating permit does not convey any property rights or any exclusive 

privilege. 

 (i) Federally enforceable permit to install terms and conditions incorporated into the renewable 

operating permit are identified within the renewable operating permit as being established pursuant to 

R 336.1201. 

 (2) Each renewable operating permit shall contain emission limits and standards, including 

operational requirements and limits that ensure compliance with all applicable requirements at the time 

of permit issuance. In addition, each renewable operating permit may contain additional limits 

agreeable to both the applicant and the department, provided that these limits are not contrary to 

R 336.1213 or the clean air act. The following provisions apply to emission limits and standards: 

 (a) The renewable operating permit shall specify and reference the underlying applicable 

requirement for each term or condition and identify any difference in form as compared to the applicable 

requirement upon which the term or condition is based. 

 (b) The renewable operating permit shall state that, where an applicable requirement is more 

stringent than an applicable requirement of regulations promulgated for affected sources under title IV 

of the clean air act, both provisions shall be incorporated into the permit. 

 (c) If the state implementation plan allows for an alternative emission limit that is equivalent to 

the limit contained in the state implementation plan, any renewable operating permit containing the 

equivalent alternative emission limit shall contain terms and conditions to ensure that any such emission 

limit is quantifiable, accountable, enforceable, and based on replicable procedures. 

 (d) Any term or condition established as a limit on the potential to emit of the stationary source 

shall be consistent with the requirements of R 336.1205(1)(a). For each such limit on the potential to 

emit of the stationary source, the permit shall specify and reference any requirements that would 

otherwise be applicable to the source or emission unit. 

 (3) The renewable operating permit shall contain terms and conditions necessary to ensure that 

sufficient testing, monitoring, recordkeeping, reporting, and compliance evaluation activities will be 

conducted to determine the status of compliance of the stationary source with the emission limitations 

and standards contained in the renewable operating permit. The following provisions apply to testing, 

monitoring, recordkeeping, reporting, and compliance evaluation activities: 

 (a) With respect to testing and monitoring, each renewable operating permit shall contain terms 

and conditions necessary to ensure compliance with all of the following: 

 (i) The use of all emissions monitoring and analysis procedures or test methods required by the 

applicable requirements, including 40 C.F.R. part 64 and any other procedures and methods 

promulgated pursuant to sections 504(b) or 114(a)(3) of the clean air act. Title 40 C.F.R. part 64 is 

adopted by reference in R 336.1299. If more than 1 monitoring or testing requirement applies, the 

permit may specify a streamlined set of monitoring or testing requirements, provided the specified 

monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or 

testing applicable requirements that were not included in the permit as a result of such streamlining. 

 (ii) Where the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, which may consist of recordkeeping designed to serve as monitoring, the 

use of periodic monitoring sufficient to yield reliable data from the relevant time period that are 

representative of the stationary source's compliance with the permit, as reported pursuant to subrule 
2006 MR 20 – November 15, 2006 

25 

(3)(c) of this rule. The monitoring requirements shall ensure use of terms, test methods, units, averaging 

periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping 

provisions shall be sufficient to meet the requirements of subrule (3)(b) of this rule. 

 (iii) As necessary, requirements concerning the use, maintenance, and, where appropriate, 

installation of monitoring equipment or methods. 

 (b) With respect to recordkeeping, each renewable operating permit shall contain terms and 

conditions necessary to ensure compliance with the recordkeeping requirements specified in the 

applicable requirements. Each renewable operating permit shall also contain terms and conditions that 

require, where appropriate, both of the following: 

 (i) Records of any periodic emission or parametric monitoring that include all of the following 

information: 

 (A) The date, location, time, and method of sampling or measurements. 

 (B) The dates analyses of the samples were performed. 

 (C) The company or entity that performed the analyses of the samples. 

 (D) The analytical techniques or methods used. 

 (E) The results of the analyses. 

 (F) The related operating conditions or parameters that existed at the time of sampling or 

measurement. 

 (ii) Retention of records of all required monitoring data and support information for a period of 

not less than 5 years from the date of the monitoring sample, measurement, report, or application. 

Support information includes all calibration and maintenance records and all original strip-chart 

recordings, or other original data records, for continuous monitoring instrumentation and copies of all 

reports required by the renewable operating permit. 

 (c) With respect to reporting and the certification of reports, each renewable operating permit 

shall contain terms and conditions necessary to insure compliance with the reporting requirements 

specified in the applicable requirements. Except as provided subdivision (iii)(B) of this subdivision, any 

document, including reports, required to be submitted to the department as a term or condition of a 

renewable operating permit shall include a certification by a responsible official which states that, based 

on information and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete. Each renewable operating permit shall also contain terms 

and conditions for all of the following: 

 (i) The submittal of reports of any required monitoring at least once every 6 months. All 

instances of deviations from permit requirements during the reporting period shall be clearly identified 

in the reports. Each report submitted pursuant to this subdivision shall include a certification by a 

responsible official which states that, based on information and belief formed after reasonable inquiry, 

the statements and information in the report are true, accurate, and complete. 

 (ii) The prompt reporting of deviations from permit requirements. Prompt reporting shall be 

defined as follows, unless otherwise provided in the renewable operating permit: 

 (A) For deviations that exceed the emissions allowed under the renewable operating permit, 

prompt reporting means reporting consistent with the requirements of R 336.1912. All reports 

submitted pursuant to this paragraph shall be promptly certified as specified in paragraph (iii) of this 

subdivision. 

 (B) For deviations which exceed the emissions allowed under the renewable operation permit 

and which are not reported pursuant to R 336.1912 due to the duration of the deviation, prompt 

reporting means the reporting of all deviations in the reports required by paragraph (i) of this 

subdivision. The report shall describe reasons for each deviation and the actions taken to minimize or 

correct each deviation. 
2006 MR 20 – November 15, 2006 

26 

 (C) For deviations that do not exceed the emissions allowed under the renewable operating 

permit, prompt reporting means the reporting of all deviations in the reports required by paragraph (i) of 

this subdivision. The report shall describe the reasons for each deviation and the actions taken to 

minimize or correct each deviation. 

 (iii) For reports required pursuant to paragraph (ii) of this subdivision, prompt certification of 

the reports means either of the following: 

 (A) Submitting a certification by a responsible official with each report which states that, based 

on information and belief formed after reasonable inquiry, the statements and information in the report 

are true, accurate, and complete. 

 (B) Submitting, within 30 days following the end of a calendar month during which 1 or more 

prompt reports of deviations from the emissions allowed under the permit were submitted to the 

department pursuant to paragraph (ii) of this subdivision, a certification by a responsible official which 

states that, based on information and belief formed after reasonable inquiry, the statements and 

information contained in each of the reports submitted during the previous month were true, accurate, 

and complete. The certification shall include a listing of the reports that are being certified. Any report 

submitted pursuant to paragraph (ii) of this subdivision that will be certified on a monthly basis pursuant 

to this paragraph shall include a statement that certification of the report will be provided within 30 days 

following the end of the calendar month. 

 (4) With respect to compliance, each renewable operating permit shall contain terms and 

conditions necessary to ensure each of the following: 

 (a) Incorporation into the renewable operating permit of a schedule of compliance. 

 (b) For a stationary source that is not in compliance with all applicable requirements at the time 

of issuance of a renewable operating permit, the submission of progress reports to the department, 

consistent with an applicable schedule of compliance, at least semiannually or more frequently if 

specified in an applicable requirement or by the department in the permit. Progress reports shall contain 

the information specified in both of the following provisions: 

 (i) The date or dates for achieving the activities, milestones, or compliance required in the 

schedule of compliance, and the date or dates when the activities, milestones, or compliance were 

achieved. 

 (ii) An explanation of why any dates in the schedule of compliance were not or will not be met 

and a description of any preventive or corrective measures adopted. 

 (c) A requirement that, at least annually, or more frequently if specified in an applicable 

requirement or by the department in the renewable operating permit, the responsible official shall 

certify, in writing, to the department and to the United States environmental protection agency, that the 

stationary source is and has been in compliance with all terms and conditions contained in the renewable 

operating permit, except for any deviations from compliance that have been or are being reported to the 

department. The certification shall state that, based on information and belief formed after reasonable 

inquiry, the statements and information in the certification are true, accurate, and complete. Each 

certification of compliance shall include all of the following information: 

 (i) The identification of each term or condition of the permit that is the basis of the certification. 

 (ii) The compliance status of the stationary source with respect to each identified term or 

condition. 

 (iii) Whether compliance was continuous or intermittent. 

 (iv) The methods used for determining the compliance status of the stationary source, currently 

and over the reporting period consistent with subrules (3)(a), (b), and (c) of this rule. 

 (v) Other facts as the department may require in the permit that are necessary to determine the 

compliance status of the stationary source. 

 (5) Each renewable operating permit shall provide for the following: 
2006 MR 20 – November 15, 2006 

27 

 (a) Each renewable operating permit shall specifically designate as not being enforceable under 

the clean air act any terms and conditions included in the permit that are not required under the clean air 

act or under any of its applicable requirements. Terms and conditions so designated are not subject to 

the requirements for review by the United States environmental protection agency or affected states 

under R 336.1214. 

 (b) Each renewable operating permit shall specifically designate each federally enforceable 

applicable requirement previously established in a permit to install pursuant to R 336.1201. 

 (6) Both of the following provisions apply to permit shields: 

 (a) Except as provided in subdivision (b) of this subrule, each renewable operating permit shall 

include a permit shield provision stating that compliance with the conditions of the permit shall be 

considered compliance with any applicable requirements as of the date of permit issuance, if either of 

the following provisions is satisfied: 

 (i) The applicable requirements are included and are specifically identified in the permit. 

 (ii) The permit includes a determination or a concise summary of the determination by the 

department that other specifically identified requirements are not applicable to the stationary source. 

 (b) Nothing in this subrule or in any renewable operating permit shall alter or affect any of the 

following: 

 (i) The provisions of section 303 of the clean air act, emergency orders, including the authority 

of the administrator of the United States environmental protection agency under that section. 

 (ii) The liability of an owner or operator of a stationary source for any violation of applicable 

requirements before or at the time of permit issuance. 

 (iii) The applicable requirements of the acid rain program, consistent with section 408(a) of the 

clean air act. 

 (iv) The ability of the United States environmental protection agency to obtain information from 

a stationary source pursuant to section 114 of the clean air act. 

 (7) Each renewable operating permit shall be issued for a fixed term of not more than 5 years. 

Renewable operating permits that have terms of less than 5 years may be issued with the agreement of 

the department and the permit applicant. The terms and conditions of a renewable operating permit for 

affected sources under title IV of the clean air act that address the requirements of title IV shall be 

issued for a term of 5 years. The date of expiration of the renewable operating permit shall be specified 

in the permit. 

 (8) A renewable operating permit shall include terms and conditions that allow a stationary 

source to switch its operation between reasonably anticipated operating scenarios if the scenarios have 

been identified by the stationary source in its application and found to be approvable by the department. 

The terms and conditions shall provide for all of the following: 

 (a) Require the stationary source, contemporaneously with making a change from one operating 

scenario to another, to record, in a log at the stationary source, a record of the scenario under which the 

source is operating. 

 (b) Extend the permit shield described in subrule (6) of this rule to all terms and conditions 

under each approved operating scenario. 

 (c) Ensure that the terms and conditions of each approved alternative scenario meet all 

applicable requirements. 

 (9) A renewable operating permit shall include terms and conditions for the trading of emissions 

increases and decreases among process emission units within the stationary source solely for the purpose 

of complying with an emissions cap that is established in the permit independent of otherwise applicable 

requirements, if the terms and conditions have been requested by a person in an application for a 

renewable operating permit. If a person wishes to include the terms and conditions in a renewable 

operating permit, the permit application shall include proposed replicable procedures and permit terms 
2006 MR 20 – November 15, 2006 

28 

that the person believes ensure the emissions trades are quantifiable and enforceable. The terms and 

conditions shall include those necessary to meet the requirements of subrules (2) to (4) of this rule. The 

department shall not be required to include in the emissions trading provisions any emission units for 

which emissions are not quantifiable or for which there are no replicable procedures to enforce the 

emissions trades. The permit shall also require compliance with all applicable requirements. Both of 

the following provisions apply to the trading of emissions increases and decreases among emission units 

solely for the purpose of complying with an emissions cap: 

 (a) A written notification to the department and the United States environmental protection 

agency is required 7 days in advance of any emissions trade under this subrule. The notice shall state 

when the change will occur and shall describe the changes in emissions that will result and how these 

increases and decreases in emissions will comply with the terms and conditions of the permit. 

 (b) The permit shield described in subrule (6) of this rule shall extend to terms and conditions 

that allow the increases and decreases in emissions. 

 (10) In addition to the other requirements of this rule, each renewable operating permit for an 

affected source under title iv of the clean air act shall include a permit condition prohibiting emissions 

exceeding any allowances that an affected source lawfully holds as of the allowance transfer deadline 

pursuant to R 336.1299(d) and 40 C.F.R. §72.9(c)(1)(i)the federal acid rain program, adopted by 

reference in R 336.1299. All of the following apply to allowances: 

 (a) A permit revision shall not be required for increases in emissions that are authorized by 

allowances acquired pursuant to title IV of the clean air act if the increases do not require a permit 

revision under any other applicable requirement. 

 (b) A limit shall not be placed on the number of allowances held by the affected source. The 

affected source may not, however, use allowances as a defense to noncompliance with any other 

applicable requirement. 

 (c) Any allowance shall be accounted for according to the procedures established in regulations 

promulgated under title IV of the clean air act. 

 (11) A renewable operating permit for a temporary source may authorize emissions from a 

stationary source at multiple temporary locations. An affected source under title IV of the clean air act 

shall not be permitted as a temporary source. In addition to the other requirements of this rule, permits 

for temporary sources shall include all of the following provisions: 

 (a) Conditions that will assure compliance with all applicable requirements at all authorized 

locations. 

 (b) Requirements that the owner or operator notify the department not less than 10 days in 

advance of each change in location. 

 (c) Conditions that assure compliance with all other provisions of this rule. 

 (12) A renewable operating permit shall contain terms and conditions allowing for emission 

averaging and emission reduction credit trading pursuant to any applicable interstate or regional 

emissions trading program that has been approved by the administrator of the United States 

environmental protection agency as a part of Michigan's state implementation plan. 

R 336.1214 Approval of a renewable operating permit. 

 Rule 214. (1) After the department has received an administratively complete application and all 

additional information requested by the department pursuant to R 336.1210(3) for a renewable operating 

permit, significant modification to a renewable operating permit, or the renewal of a renewable 

operating permit, the department shall prepare a draft permit and a report that sets forth the applicable 

requirements and factual basis for the draft permit terms and conditions. The report shall include 

citations of the applicable requirements, an explanation of any equivalent requirements or other changes 
2006 MR 20 – November 15, 2006 

29 

included in the draft permit pursuant toR 336.1212(6)R 336.1213(2), and any determination made 

pursuant to R 336.1213(6)(a)(ii) regarding requirements that are not applicable to the stationary source 

where the draft permit contains only a summary of the determination. 

 (2) The person who applied for the renewable operating permit shall be provided with a reasonable 

period of time, but not less than 7 days nor more than 30 days, to review and comment on the draft 

renewable operating permit, draft renewable operating permit significant modification, or draft 

renewable operating permit renewal before the start of the public participation procedure specified in 

subrule (3) of this rule. If the person and the department cannot agree on the terms and conditions of the 

draft renewable operating permit, the terms and conditions that the department believes are necessary to 

comply with the requirements of R 336.1213 shall be incorporated into the draft renewable operating 

permit and the report required by subrule (1) of this rule shall include a discussion of the person's 

objections. 

 (3) Except for modifications qualifying for administrative permit amendment procedures pursuant to 

R 336.1216(1) or minor permit modification procedures pursuant to R 336.1216(2), the draft renewable 

operating permit, draft renewable operating permit modification, or the draft renewable operating permit 

renewal shall be subjected to the following public participation procedure before the department submits 

a proposed renewable operating permit to the United States environmental protection agency for review 

pursuant to subrule (6) of this rule: 

 (a) The department shall provide public notice by publication in a newspaper of general circulation in 

the area where the stationary source is located or in a state publication designed to give general public 

notice. Notice shall also be provided to persons on a mailing list maintained by the department, 

including persons who request, in writing, to be on that list, and to any person who requests, in writing, 

to be notified of a permit action involving a specific stationary source. 

 (b) The notice shall set forth all of the following information: 

 (i) The name of the stationary source. 

 (ii) The name and mailing address of the responsible official. 

 (iii) The mailing address of the department. 

 (iv) The activity or activities involved in the proposed permit action. 

 (v) The emissions change involved in any permit modification. 

 (vi) The name, address, and telephone number of a representative of the department from whom 

interested persons may obtain additional information, including copies of the draft permit, the report 

required under subrule (1) of this rule, and, to the extent provided by 1976 PA 442, MCL 15.231, and 

known as the freedom of information act, the application and any other materials available to the 

department that are relevant to the permit decision. 

 (vii) A brief description of the procedures to submit comments. 

 (viii) The time and place of any hearing that may be held, including a statement of the procedures to 

request a hearing, unless a hearing has already been scheduled. 

 (c) The department shall provide not less than 30 days for public comment and shall give notice of any 

public hearing not less than 30 days in advance of the hearing. 

 (d) The department shall keep a record of the commenters and the issues raised during the public 

participation process and the records shall be available to the public. 

 (4) The department shall give notice of each draft permit to any affected state on or before the time 

that the department provides notice to the public pursuant to subrule (3) of this rule, unless 

R 336.1216(2) requires the timing of the notice to be different. The department shall notify the 

administrator of the United States environmental protection agency and any affected state, in writing, of 

any refusal by the department to accept all recommendations for the proposed permit that the affected 

state submitted during the public comment period specified in subrule (3)(c) of this rule. The notice 
2006 MR 20 – November 15, 2006 

30 

shall include the department's reasons for not accepting any recommendation. The department is not 

required to accept recommendations that are not based on applicable requirements. 

 (5) After the completion of the public participation procedure specified in subrule (3) of this rule and 

the review by affected states specified in subrule (4) of this rule, the department shall prepare a proposed 

renewable operating permit, proposed renewable operating permit significant modification, or proposed 

renewable operating permit renewal. If the proposed renewable operating permit differs from the draft 

renewable operating permit in response to substantial and relevant comments from the public or affected 

states, the person who applied for the renewable operating permit shall be provided with a reasonable 

period of time, but not less than 7 days nor more than 30 days, to review and comment on the changes 

before the transmittal of the proposed renewable operating permit to the United States environmental 

protection agency for review. If the person and the department cannot agree on the changes to the 

proposed renewable operating permit, the changes that the department believes are necessary to comply 

with the requirements of R 336.1213 shall be incorporated into the proposed renewable operating permit 

and the person's objections shall be included in the information transmitted to the United States 

environmental protection agency for review. 

 (6) Except as provided in 40 C.F.R. §70.8(a)(1) and (2), adopted by reference in R 336.1299, and as 

provided in R 336.1210(13), the department shall transmit a copy of each administratively complete 

application for a renewable operating permit, including any application for a significant modification to 

a renewable operating permit or for renewal of a renewable operating permit, all additional information 

submitted pursuant to R 336.1210(3), the report prepared pursuant to subrule (1) of this rule, and the 

proposed renewable operating permit to the United States environmental protection agency. The 

department shall not take a final action to issue a renewable operating permit until 45 days after the 

United States environmental protection agency has received all the information specified in this subrule 

and subrule (4) of this rule. If the administrator of the United States environmental protection agency 

objects, in writing, to the renewable operating permit before the end of the 45-day review period 

specified in this subrule, the department shall not issue the renewable operating permit until the 

administrator's objection has been resolved. The department shall follow the procedure specified in 

40 C.F.R. §70.8(c), adopted by reference in R 336.1299, to resolve the objection. The application 

shield provided by R 336.1210(1) shall continue to apply to the stationary source, consistent with the 

provisions of R 336.1210, until the department takes final action on the renewable operating permit. 

 (7) The department shall make a final decision to issue or deny a renewable operating permit, a 

significant modification to a renewable operating permit, or the renewal of a renewable operating permit 

after completion of the review by the United States environmental protection agency specified in subrule 

(6) of this rule. The final renewable operating permit shall contain all terms and conditions determined 

by the department to be necessary pursuant to R 336.1213, after consideration of all comments received 

during public participation pursuant to subrule (3) of this rule and affected state review pursuant to 

subrule (4) of this rule, including any terms and conditions necessary to resolve any objection by the 

administrator of the United States environmental protection agency pursuant to subrule (6) of this rule. 

The department shall transmit a copy of each final renewable operating permit to the United States 

environmental protection agency. A person aggrieved by the issuance, denial, modification, or renewal 

of a renewable operating permit may appeal the final decision as provided in section 5506(14) of the act. 

 (8) Any person may petition the administrator of the United States environmental protection agency to 

make an objection regarding a renewable operating permit pursuant to 40 C.F.R. §70.8(d), adopted by 

reference in R 336.1299. The petition shall be filed within 60 days after the expiration of the 

administrator's 45-day review period specified in subrule (6) of this rule and 40 C.F.R. §70.8(c), 

adopted by reference in R 336.1299. The petition shall be based only on an objection to the renewable 

operating permit that was raised with reasonable specificity during the public comment period provided 
2006 MR 20 – November 15, 2006 

31 

for in subrule (3)(c) of this rule, unless the petitioner demonstrates that it was impracticable to raise the 

objection during the public comment period or unless the grounds for the objection arose after the public 

comment period. A petition for review does not stay the effectiveness of a renewable operating permit 

or its requirements if the renewable operating permit was issued after the end of the 45-day review 

period and before the department received an objection by the administrator. If the administrator of the 

United States environmental protection agency objects to the renewable operating permit as a result of a 

petition filed pursuant to 40 C.F.R. §70.8(d), adopted by reference in R 336.1299, before the 

department has issued the renewable operating permit, the department shall not issue the renewable 

operating permit until the administrator's objection has been resolved. The application shield provided 

by R 336.1210(1) shall continue to apply to the stationary source, consistent with the provisions of 

R 336.1210, until the department takes final action on the renewable operating permit. If the 

administrator of the United States environmental protection agency objects to the renewable operating 

permit as a result of a petition filed pursuant to 40 C.F.R. §70.8(d) after the department has issued the 

renewable operating permit, the department shall follow the procedure specified in 40 C.F.R. §70.7(g), 

adopted by reference in R 336.1299, to resolve the objection. 

R 336.1214a Consolidation of permits to install within renewable operating permit. 

 Rule 214a. (1) The department shall issue a source-wide permit to install concurrent with each 

issuance and renewal of a renewable operating permit pursuant to R 336.1214 and each reissuance of a 

renewable operating permit pursuant to R 336.1217(2)(b). The source-wide permit to install shall be 

contained in the same document as the renewable operating permit. The source-wide permit to install 

shall specifically identify, consolidate, and incorporate all federally enforceable terms and conditions of 

existing permits to install into the renewable operating permit in accordance with the provisions of 

R 336.1212(5) and the permit content requirements of R 336.1213. 

 (2) The source-wide permit to install is updated whenever a new process-specific permit to install is 

incorporated into the renewable operating permit in accordance with the provisions of R 336.1216. 

 (3) Both of the following provisions apply to the incorporation of terms and conditions of a permit to 

install into a renewable operating permit: 

 (a) Within the renewable operating permit, each federally enforceable term or condition that originated 

in a permit to install shall be specifically identified with an applicable requirement citation of 

R 336.1201(1)(a). This citation is in addition to the R 336.1213(2)(a) underlying applicable requirement 

citation. Each term or condition of the renewable operating permit with an applicable requirement 

citation of R 336.1201(1)(a) shall be considered a term or condition of the source-wide permit to install 

issued pursuant to this rule. 

 (b) A federally enforceable term or condition of a renewable operating permit shall be considered a 

term or condition of the source-wide permit to install issued pursuant to this rule, if it can be reasonably 

demonstrated that the federally enforceable term or condition originated in a permit to install issued 

pursuant to R 336.1201. Each term or condition in a renewable operating permit issued before the 

effective date of this rule with any of the following underlying applicable requirements, identified 

pursuant to R 336.1213(2)(a), shall be considered a term or condition of the source-wide permit to 

install issued pursuant to this rule: 

 (i) R 336.1201, R 336.1201a, R 336.1220, and R 336.1299(e). 

 (ii) Title 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference in R 336.1299. 

 (iii) R 336.1301(1)(c), R 336.1301(4), and R 336.1331(1)(c). 

 (iv) R 336.1401(1)(b) and R 336.1403(4). 

 (v) R 336.1702, R 336.1705, R 336.1706, R 336.1708, R 336.1709, and R 336.1710. 

 (vi) R 336.2415. 
2006 MR 20 – November 15, 2006 

32 

 (vii) Title 40 C.F.R. §52.21, adopted by reference in R 336.1299. 

 (viii) R 336.2801 to R 336.2819 and R 336.2823. 

 (ix) R 336.2901 to R 336.2903, R 336.2907, and R 336.2908. 

 (4) The source-wide permit to install replaces all existing permits to install, in accordance with 

R 336.1201(6)(b). Although the source-wide permit to install and the renewable operating permit are 

contained in the same document, the source-wide permit to install maintains its own authority under 

section 5505 of the act. If the renewable operating permit expires or is voided, the source-wide permit 

to install remains in effect, unless the criteria of R 336.1201(6)(a) or (6)(c) are met. 

 (5) State-only enforceable terms and conditions from a permit to install that have been incorporated 

into a renewable operating permit shall be considered terms and conditions of a state-only enforceable 

permit to install established pursuant to R 336.1201(2)(d). If the renewable operating permit later 

expires or is voided, the state-only enforceable permit to install does not expire, nor is it voided, unless 

the criteria of R 336.1201(6)(a) or (c) are met. 

 (6) Nothing in this rule shall relieve the requirement to obtain a permit to install pursuant to 

R 336.1201(1) for newly constructed, modified, reconstructed, or relocated process or process 

equipment that emits an air contaminant. 

R 336.1219 Amendments for change of ownership or operational control. 

 Rule 219. (1) A person shall may notify the department, in writing, of a change in ownership or 

operational control of a stationary source or emission unit authorized by a permit to install or a permit to 

operate. The notification shall include all of the following information: 

 (a) A description of the stationary source or emission unit affected by the change and a listing of the 

permits involved in the request. 

 (b) An identification of the new owner or operator and a specific date for the transfer of responsibility, 

coverage, and liability. 

 (c) A written statement by the new person owning or operating the stationary source or emission unit 

that the terms and conditions of the permit to install or permit to operate are understood and accepted. 

Acceptance of the terms and conditions of a permit does not affect the person's ability to subsequently 

request a modification to the permit to install or permit to operate pursuant to R 336.1201. The new 

person owning or operating the stationary source shall also notify the department of any change in the 

contact person regarding the permit. 

 (2) A change in ownership or operational control of a stationary source or emission unit covered by a 

renewable operating permit shall be made pursuant to R 336.1216(1). 

R 336.1220 Rescinded Construction of major offset sources and major offset modifications proposed 

for location within nonattainment areas.

 Rule 220. (1) A proposed major offset source or major offset modification for which volatile organic 

compounds, particulate matter, PM-10, carbon monoxide, nitrogen oxides, sulfur dioxide, or lead is a 

major nonattainment air contaminant shall comply with all of the following provisions:

 (a) The proposed major offset source or major offset modification shall comply with all of the 

following applicable control technology requirements:

 (i) Lowest achievable emission rate for the following:

 (A) For a major offset source, each nonattainment air contaminant for which the potential to emit is 

100 or more tons per year.

 (B) For a major offset modification, each nonattainment air contaminant for which there is a 

significant net emissions increase at the major offset source. This provision applies to each emission 
2006 MR 20 – November 15, 2006 

33 

unit at which there is a net emissions increase as a result of the addition of an emission unit or a physical 

change in, or change in the method of operation of, an emission unit.

 (ii) Best available control technology, as defined in the prevention of significant deterioration 

regulations, 40 C.F.R. §52.21(2002), for a major offset source for each nonattainment air contaminant 

for which the potential to emit is significant but less than 100 tons per year. This definition of best 

available control technology is herein adopted by reference. A copy of this definition, contained in 40 

C.F.R. part 52 (2002), may be obtained from the Department of Environmental Quality, Air Quality 

Division, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the 

time of adoption of these rules of $55.00. A copy of 40 C.F.R. part 52, may also be obtained from the 

Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as of 

the time of adoption of these rules of $55.00, or on the United States government printing office internet 

web site at http://www.gpo.gov.

 (iii) In the case of nitrogen oxides, the control technology requirements described in paragraphs (i) and 

(ii) of this subdivision do not apply if both of the following conditions are met:

 (A) Additional nitrogen oxides emission reductions would not decrease ozone.

 (B) The United States environmental protection agency has determined, pursuant to the provisions of 

section 182(f) of the clean air act, that for certain classes or categories of sources, the net air quality 

benefits are greater in the absence of reductions of nitrogen oxides from the sources concerned.

 (b) All stationary sources which have a potential to emit 100 or more tons per year of any air 

contaminant regulated under the clean air act, which are located in the state, and which are owned or 

controlled by the owner, operator, or an entity controlling, controlled by, or under common control with, 

the owner or operator of the proposed major offset source or major offset modification shall be in 

compliance with all applicable local, state, and federal air quality regulations or shall be in compliance 

with a legally enforceable permit condition or order of the department specifying a plan and timetable 

for compliance.

 (c) Before the start-up of the proposed major offset source or major offset modification, an emission 

reduction (offset) for each major nonattainment air contaminant shall be provided consistent with the 

following provisions:

 (i) In the case of volatile organic compounds, the offset shall be in compliance with both of the 

following provisions:

 (A) In any nonclassified or marginal ozone nonattainment area, the offset shall be equal to or greater 

than 110% of the allowable emissions from the proposed major offset source or major offset 

modification.

 (B) In any moderate nonattainment area for ozone, the offset shall be equal to or greater than 115% of 

the allowable emissions from the proposed major offset source or major offset modification.

 (ii) In the case of nitrogen oxides, the offset shall be equal to or greater than 115% of the allowable 

emissions from the proposed major offset source or major offset modification if the major offset source 

or major offset modification is located in a moderate ozone nonattainment area, unless both of the 

following conditions are met:

 (A) Additional nitrogen oxides emissions reductions would not decrease ozone.

 (B) The United States environmental protection agency has determined, pursuant to the provisions of 

section 182(f) of the clean air act, that for certain classes or categories of sources the net air quality 

benefits are greater in the absence of reductions of nitrogen oxides from the sources concerned.

 (iii) In the case of particulate matter, PM-10, carbon monoxide, sulfur dioxide, or lead, the offset for 

each major nonattainment air contaminant shall be equal to or greater than the applicable rate as follows:

 (A) 120% of the allowable emissions from the proposed major offset source or major offset 

modification if the major offset source is located in an area not meeting the applicable primary air 

quality standard for that major nonattainment air contaminant.
2006 MR 20 – November 15, 2006 

34 

 (B) 110% of the allowable emissions from the proposed major offset source or major offset 

modification if the major offset source is located in an area not meeting the applicable secondary air 

quality standard for that major nonattainment air contaminant.

 (C) 150% of the allowable emissions from the proposed major offset source or major offset 

modification if the offset is from the control of fugitive emissions, regardless of the type of 

nonattainment area in which the major offset source is located.

 (iv) Notwithstanding the required amounts of offsets specified in paragraph (iii) of this subdivision, 

the department may, on a case-by-case basis, deem as acceptable offsets which are more than 100% of 

the allowable emissions from the proposed major offset source or major offset modification for that 

major nonattainment air contaminant, if all of the provisions of subrule (2) of this rule are met.

 (d) The owner or operator of a proposed major offset source or major offset modification shall provide 

an analysis of alternative sites, sizes, production processes, and environmental control techniques for the 

proposed major offset source or major offset modification which demonstrates that the benefits of the 

proposed major offset source or major offset modification significantly outweigh the environmental and 

social costs imposed as a result of its location, construction, or modification.

 (2) Offsets shall meet all of the following provisions:

 (a) Offsets shall be of the same air contaminant class, that is, volatile organic compounds, particulate 

matter, PM-10, carbon monoxide, nitrogen oxides, sulfur dioxide, or lead; and the offsets shall be in a 

time frame compatible with all of the applicable air quality standards. 

 (b) Only those offsets occurring after the year used as the baseline for the state implementation plan, 

or the date on which an area is classified nonattainment for an air contaminant, whichever is later, may 

be used. Offsets occurring before January 1, 1991, shall not be used.

 (c) Offsets shall be permanent, quantifiable, and federally enforceable and shall be based upon the 

lower of the actual emissions or allowable emissions.

 (d) Offsets shall be obtained from the same nonattainment area as the proposed major source or major 

offset modification, except another nonattainment area may be used if both of the following conditions 

are met:

 (i) The other area has an equal or higher nonattainment classification than the area in which the 

proposed source is located.

 (ii) Nonattainment air contaminant emissions from the other area contribute to a violation of a national 

ambient air quality standard in the nonattainment area in which the proposed major offset source or 

major offset modification would be located.

 (e) Emission reductions otherwise required by the clean air act, rules promulgated under the clean air 

act, or by state rule, permit, or order shall not be used as offsets. Incidental emission reductions which 

are not otherwise required may be used as offsets if they meet the requirements of this subrule.

 (3) The provisions of subrule (1) of this rule do not apply to a physical change in, or change in the 

method of operation of, a process or process equipment resulting from any of the following:

 (a) Routine maintenance, routine repair, or routine replacement. 

 (b) Use of an alternate fuel or raw material in a process or process equipment by reason of an order 

under section 2(a) and (b) of the energy supply and environmental coordination act of 1974, 15 U.S.C. 

§791, or by reason of a natural gas curtailment plan pursuant to the federal power act, 16 U.S.C. §791. 

 (c) Use of an alternate fuel in a process or process equipment by reason of an order or rule under 

section 125 of the clean air act, as amended, 42 U.S.C. §7401 et seq.

 (d) Use of an alternate fuel at a steam generating unit to the extent that the fuel is generated from 

municipal solid waste.

 (e) Use of an alternate fuel or raw material in a process or process equipment which the process or 

process equipment was capable of accommodating before December 21, 1976, unless the change would 

be prohibited under any legally enforceable permit condition or order.
2006 MR 20 – November 15, 2006 

35 

 (f) An increase in the hours of operation or in the production rate, unless the change would be 

prohibited under any legally enforceable permit condition or order. 

 (4) The provisions of subrule (1)(c) of this rule do not apply to emissions resulting from proposed 

major offset sources or major offset modifications to the extent that the emissions are temporary and 

will not prevent reasonable further progress towards attainment of any applicable standard. Examples of 

temporary emissions include emissions from all of the following:

 (a) Pilot plants.

 (b) Portable facilities which will be relocated outside the nonattainment area within 18 months.

 (c) The construction phase of a major offset source or major offset modification.

 (5) The provisions of this rule do not apply to organic compounds which have negligible 

photochemical reactivity that are listed in 40 C.F.R. §51.100(s)(1) (2002). Organic compounds which 

have negligible photochemical reactivity that are listed in 40 C.F.R. §51.100(s)(1) shall not be used as 

an offset to allow for the construction of any major offset source or major offset modification. The 

department adopts by reference in these rules the provisions of 40 C.F.R. §51.100(s)(1) (2002). A copy 

of 40 C.F.R. §51.100(s)(1) (2002) may be inspected at the Lansing office of the air quality division of 

the department of environmental quality. Copies of 40 C.F.R. §51.100(s)(1) (2002) may be obtained 

from the Department of Environmental Quality, Air Quality Division, 525 West Allegan Street, P.O. 

Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $40.00; 

from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a 

cost as of the time of adoption of these rules of $40.00; or on the United States government printing 

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

 (6) Emission units specified in subdivision (c) of this subrule shall be in compliance with the 

following provisions:

 (a) The lowest emission limit that a particular emission unit is capable of meeting by the application of 

control measures that are reasonably available considering technological and economic feasibility.

 (b) Compliance with the provisions of subdivision (a) of this subrule shall be deemed to be met for 

emission units meeting the following provisions:

 (i) For emission units which may emit volatile organic compounds, the application of the best 

available control technology.

 (ii) For emission units which may emit particulate matter, the application of the best technically 

feasible, practical equipment available.

 (c) The provisions of this subrule shall apply to emission units meeting either of the following 

descriptions:

 (i) A proposed particular change of an emission unit which is exempted by the provisions of subrule 

(3)(b) to (e) of this rule and which results in a significant increase in actual emissions of any nonattainment air contaminant from that emission unit.

 (ii) A proposed particular change of a process or process equipment which does not result in a 

significant net emissions increase at the major offset source, but which results in a significant increase in 

actual emissions of any nonattainment air contaminant from that process or process equipment.

R 336.1240 Required air quality models. 

 Rule 240. All air quality modeling demonstrations required by 40 C.F.R. §52.21, R 336.1220

prevention of significant deterioration of air quality regulations and new source review for major 

sources in nonattainment areas regulations, or used to support or amend the state implementation 

plan shall be made in accordance with the models and procedures in 40 C.F.R. §51.160(f) and 

appendix W (2002), adopted by reference in R 336.1299. The department adopts by reference in these 

rules the provisions of 40 C.F.R. §51.160(f) and appendix W (2002). A copy of 40 C.F.R. §51.160(f) 
2006 MR 20 – November 15, 2006 

36 

and appendix W (2002) may be inspected at the Lansing office of the air quality division of the 

department of environmental quality. Copies of 40 C.F.R. §51.160(f) and appendix W (2002) may be 

obtained from the Department of Environmental Quality, Air Quality Division, 525 West Allegan Street, 

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

$40.00; from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-

7954, at a cost as of the time of adoption of these rules of $40.00; or on the United States government 

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

R 336.1241 Air quality modeling demonstration requirements. 

 Rule 241. (1) All air quality modeling demonstrations required by the department which are not 

subject to R 336.1240 shall be consistent with all of the following requirements: follow the procedures 

and methods referenced in R 336.1240, except for the demonstration may be based on the 

maximum ambient predicted concentration using the most recent calendar year of meteorological 

data from a representative national weather service, federal aviation administration station, or 

site specific measurement station. 

 (a) The modeling is performed using at least 1 calendar year of meteorological data collected at a 

national weather service station.

 (b) Meteorological data from a site other than a national weather service station may be used if it is 

demonstrated, to the satisfaction of the department, to be more representative of the meteorological 

conditions at the stationary source.

 (c) The receptor grid network shall be sufficiently dense and strategically located to ensure, to the 

satisfaction of the department, that maximum ambient air quality concentrations are predicted.

 (d) The modeling demonstration shall not give credit for any dispersion enhancement technique, 

including any of the following:

 (i) Any portion of stack height that exceeds good engineering practice design, unless such stack height 

existed before December 31, 1970.

 (ii) Any technique that varies source emissions according to atmospheric conditions or ambient 

concentrations.

 (2) In the best interest of public health, safety, welfare, and the environment, the department may 

approve the use of an alternate model if all of the following conditions are met:

 (a) A request for utilization of an alternate model is submitted to the department.

 (b) The applicant demonstrates to the department, using the appropriate methodology cited in 40 

C.F.R., part 51, appendix W, adopted by reference in R 336.1240, that the alternate model produces 

concentration estimates equivalent to the estimates obtained from the preferred model.

 (c) The alternate model or its algorithms are sufficiently described and documented to enable the 

department to duplicate results.

 (d) Output from the alternate model is sufficient to enable comparison with any applicable ambient air 

quality standard.

 (e) The applicant agrees to provide an executable copy of the model for future use by the department.

 (3) The use of an alternate model previously approved by the department may be extended for use by 

others if it is documented, to the satisfaction of the department, that the conditions for which the model 

will be applied are essentially the same as those for which the alternate model was originally approved.

R 336.1277 New emission units at facilities with plantwide applicability limits; exemption. 

 Rule 277. The owner or operator of a facility complying with an actuals PAL, established 

pursuant to R 336.2823 or R 336.2907, may install a new emissions unit without first obtaining a 

permit to install under R 336.1201, if all of the following requirements are met: 
2006 MR 20 – November 15, 2006 

37 

 (a) The new emissions unit will not cause a meaningful change in the nature or quantity of toxic 

air contaminants emitted from the stationary source unless the new emission unit is otherwise 

exempt under R 336.1278 to R 336.1290. In determining whether the new emissions unit will 

cause a meaningful change in the nature or quantity of toxic air contaminants, the following shall 

apply: 

 (i) The owner or operator shall demonstrate to the department that a meaningful change in the 

nature or quantity of toxic air contaminants has not occurred. The owner or operator may devise 

its own method to perform this demonstration subject to approval by the department. However, 

if the applicant demonstrates that all toxic air contaminants from a new emissions unit are within 

the levels specified in R 336.1226 or R 336.1227, then a meaningful change in air contaminants has 

not occurred. 

 (ii) If, using the methods described in paragraph (a) of this subdivision, the owner or operator 

determines that the installation of new emission units will cause a meaningful change in the nature 

or quantity of toxic air contaminant emissions, then the owner or operator shall obtain a stateonly enforceable permit to install under R 336.1201(1)(b). 

 (iii) A copy of the demonstration required by subparagraph (a) of this paragraph shall be kept 

on site for the life of the new emissions unit and made available to the department upon request. 

 (b) The new emissions unit will only emit regulated new source review pollutants, as defined in 

R 336.2801(nn) and R 336.2901(ee), that are subject to a PAL, unless the new emission unit is 

otherwise exempt under R 336.1278 to R 336.1290. 

 (c) The new emissions unit will not be a newly constructed or reconstructed major source of 

hazardous air pollutants as defined in and subject to 40 C.F.R. §63.2 and §63.5(b)(3), national 

emission standard for hazardous air pollutants, adopted by reference in R 336.1299. 

 (d) The installation of the new emissions unit will not cause the violation of any other applicable 

requirement. 

 (e) The owner or operator shall notify the department of the installation of a new emissions unit 

using the procedure in R 336.1215(3)(c). 

R 336.1278 Exclusion from exemption. 

 Rule 278. (1) The exemptions specified in R 336.1280 to R 336.1290 do not apply to either of the 

following: 

 (a) Any activity that is subject to 40 C.F.R. §52.21, prevention of significant deterioration of air 

quality regulations, or R 336.1220, nonattainment new source review for major sources in 

nonattainment areas regulations. 

 (b) Any activity that results in an increase in actual emissions greater than the significance levels 

defined in R 336.1119. 

For the purpose of this rule, “activity” means the concurrent and related installation, construction, 

reconstruction, relocation, or modification of any process or process equipment. 

 (2) The exemptions specified in R 336.1280 to R 336.1290 do not apply to the construction of a new 

major source of hazardous air pollutants or reconstruction of a major source of hazardous air pollutants, 

as defined in and subject to 40 C.F.R. §63.2 and §63.5(b)(3), national emission standards for hazardous 

air pollutants, adopted by reference in R 336.1299. 

 (3) The exemptions specified in R 336.1280 to R 336.1290 do not apply to a construction or 

modification as defined in and subject to 40 C.F.R. part 61, national emission standards for hazardous 

air pollutants, adopted by reference in R 336.1299. 
2006 MR 20 – November 15, 2006 

38 

 (4) The exemptions in R 336.1280 to R 336.1290 apply to the requirement to obtain a permit to install 

only and do not exempt any source from complying with any other applicable requirement or existing 

permit limitation. 

R 336.1281 Permit to install exemptions; cleaning, washing, and drying equipment. 

 Rule 281. The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the 

following: 

 (a) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping 

purposes. 

 (b) Equipment used for portable steam cleaning. 

 (c) Blast-cleaning equipment using a suspension of abrasive in water and any exhaust system or 

collector serving them exclusively. 

 (d) Portable blast-cleaning equipment equipped with appropriately designed and operated enclosure 

and control equipment. 

 (e) Equipment used for washing or drying materials, where the material itself cannot become an air 

contaminant, if no volatile organic compounds that have a vapor pressure greater than 0.1 

millimeter of mercury at standard conditions are used in the process and no oil or solid fuel is 

burned. 

 (f) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solutions of bleach or 

detergents. 

 (g) Dry-cleaning equipment that has a capacity of 100 or less pounds of clothes. 

 (h) Cold cleaners that have an air/vapor interface of not more than 10 square feet. 

 (i) Sterilization equipment at medical and pharmaceutical facilities using steam, hydrogen peroxide, 

peracetic acid, or a combination thereof. 

 (j) Portable blast-cleaning equipment used during construction to clean new water tanks or other new 

structures if the tank or structure is not located closer than the lesser of 750 feet or 5 times the height of 

the structure to the nearest residential, commercial, or public facility and the abrasive media is a low 

dusting material that does not contain more than 5% crystalline silica. 

R 336.1284 Permit to install exemptions; containers. 

 Rule 284. Except as specified in R 336.1278, the requirement of R 336.1201(1) to obtain a permit to 

install does not apply to containers, reservoirs, or tanks used exclusively for any of the following: 

 (a) Dipping or storage operations for coating objects with oils, waxes, greases, or natural or synthetic 

resins containing no organic solvents. 

 (b) Storage of butane, propane, or liquefied petroleum gas in a vessel that has a capacity of less than 

40,000 gallons. 

 (c) Storage and surge capacity of lubricating, hydraulic, and thermal oils and indirect heat transfer 

fluids. 

 (d) Storage of no. 1 to no. 6 fuel oil as specified in ASTM-D-396, gas turbine fuel oils nos. 2-GT to 4-

GT as specified in ASTM-D-2880, or diesel fuel oils nos. 2-D and 4-D as specified in ASTM-D-975. 

The ASTM methods are adopted in these rules by reference in R 336.1299. Copies may be inspected at 

the Lansing office of the air quality division of the department of environmental quality. Copies may be 

obtained from the Department of Environmental Quality, Air Quality Division, P.0. Box 30260, 

Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $30.00 for ASTMD-396, $30.00 for ASTM-D-2880, and $35.00 for ASTM-D-975. Copies may also be obtained from the 

American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 
2006 MR 20 – November 15, 2006 

39 

19428-2959, at a cost as of the time of adoption of these rules of $30.00 for ASTM-D-396, $30.00 for 

ASTM-D-2880, and $35.00 for ASTM-D-975.

 (e) Storage of sweet crude or sweet condensate in a vessel that has a capacity of less than 40,000 

gallons. 

 (f) Storage of sour crude or sour condensate in a vessel that has a capacity of less than 40,000 gallons 

if vapor recovery or its equivalent is used to prevent the emission of vapors to the atmosphere. 

 (g) Gasoline or natural gas storage and handling equipment, as follows: 

 (i) Gasoline storage and handling equipment at loading facilities handling less than 20,000 gallons per 

day or at dispensing facilities. 

 (ii) Natural gas storage and handling equipment at dispensing facilities. 

 (h) Storage of water solutions of inorganic salts and bases and of water solutions of the following 

acids: 

 (i) Sulfuric acid that is not more than 99% by weight. 

 (ii) Phosphoric acid that is not more than 99% by weight. 

 (iii) Nitric acid that is not more than 20% by weight. 

 (iv) Hydrochloric acid that is not more than 11% by weight. 

 (i) Storage or transfer operations of volatile organic compounds or noncarcinogenic liquids in a vessel 

that has a capacity of not more than 40,000 gallons where the contents have a true vapor pressure of not 

more than 1.5 psia at the actual storage conditions. 

 (j) Pressurized storage of acetylene, hydrogen, oxygen, nitrogen, helium, and other substances, 

excluding chlorine and anhydrous ammonia in a quantity of more than 500 gallons, that have a boiling 

point of 0 degrees Celsius or lower. 

 (k) Storage containers of noncarcinogenic solid material, including silos, which only emit particulate 

matter and which are controlled with an appropriately designed and operated fabric filter collector 

system or an equivalent control system. 

 (l) Filling of noncarcinogenic liquids in shipping or storage containers that have emissions which are 

released only into the general in-plant environment. 

 (m) Storage of wood and wood residues. 

 (n) Storage of methanol in a vessel that has a capacity of not more than 30,000 gallons. 

R 336.1285 Permit to install exemptions; miscellaneous. 

 Rule 285. The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the 

following: 

 (a) Routine maintenance, parts replacement, or other repairs that are considered by the department to 

be minor, or relocation of process equipment within the same geographical site not involving any 

appreciable change in the quality, nature, quantity, or impact of the emission of an air contaminant 

therefrom. Examples of parts replacement or repairs considered by the department to be minor include 

the following: 

 (i) Replacing bags in a baghouse. 

 (ii) Replacing wires, plates, rappers, controls, or electric circuitry in an electrostatic precipitator which 

does not measurably decrease the design efficiency of the unit. 

 (iii) Replacement of fans, pumps, or motors which does not alter the operation of a source or 

performance of air pollution control equipment. 

 (iv) Boiler tubes. 

 (v) Piping, hoods, and ductwork. 

 (vi) Replacement of engines, compressors, or turbines as part of a normal maintenance program. 
2006 MR 20 – November 15, 2006 

40 

 (b) Changes in a process or process equipment which do not involve installing, constructing, or 

reconstructing an emission unit and which do not involve any meaningful change in the quality and 

nature or any meaningful increase in the quantity of the emission of an air contaminant therefrom. 

Examples of such changes in a process or process equipment include the following: 

 (i) Change in the supplier or formulation of similar raw materials, fuels, or paints and other coatings. 

 (ii) Change in the sequence of the process. 

 (iii) Change in the method of raw material addition. 

 (iv) Change in the method of product packaging. 

 (v) Change in process operating parameters. 

 (vi) Installation of a floating roof on an open top petroleum storage tank. 

 (vii) Replacement of a fuel burner in a boiler with an equally or more thermally efficient burner. 

 (viii) Lengthening a paint drying oven to provide additional curing time. 

 (c) Changes in a process or process equipment which do not involve installing, constructing, or 

reconstructing an emission unit and which involve a meaningful change in the quality and nature, or a 

meaningful increase in the quantity, of the emission of an air contaminant resulting from any of the 

following: 

 (i) Changes in the supplier or supply of the same type of virgin fuel, such as coal, no. 2 fuel oil, no. 6 

fuel oil, or natural gas. 

 (ii) Changes in the location, within the storage area, or configuration of a material storage pile or 

material handling equipment. 

 (iii) Changes in a process or process equipment to the extent that such changes do not alter the quality 

and nature, or increase the quantity, of the emission of the air contaminant beyond the level which has 

been described in and allowed by an approved permit to install, permit to operate, or order of the 

department. 

 (d) Reconstruction or replacement of air pollution control equipment with equivalent or more efficient 

equipment. 

 (e) Installation, construction, or replacement of air pollution control equipment for an existing process 

or process equipment for the purpose of complying with the national emission standards of hazardous air 

pollutants regulated under section 112 of part A of title I of the clean air act, 84 Statutes 1685, 42 U.S.C. 

§7412. 

 (f) Installation or construction of air pollution control equipment for an existing process or process 

equipment if the control equipment itself does not actually generate a significant amount of criteria air 

contaminants as defined in R 336.1119(e) or a meaningful quantity of toxic air contaminants. 

 (g) Internal combustion engines that have less than 10,000,000 Btu/hour maximum heat input. 

 (h) Vacuum pumps in laboratory or pilot plant operations. 

 (i) Brazing, soldering, welding, or plasma coating equipment. 

 (j) Portable cutting torches. 

 (k) Grain, metal, or mineral extrusion presses. 

 (l) The following equipment and any exhaust system or collector exclusively serving the equipment: 

 (i) Equipment used exclusively for bending, forming, expanding, rolling, forging, pressing, drawing, 

stamping, spinning, or extruding either hot or cold metals. 

 (ii) Die casting machines. 

 (iii) Equipment for surface preparation of metals by use of aqueous solutions, except for acid 

solutions. 

 (iv) Atmosphere generators used in connection with metal heat treating processes. 

 (v) Equipment used exclusively for sintering of glass or metals, but not exempting equipment used for 

sintering metal-bearing ores, metal scale, clay, flyash, or metal compounds. 
2006 MR 20 – November 15, 2006 

41 

 (vi) Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, 

sanding, planing, buffing, sand blast cleaning, shot blasting, shot peening, or polishing ceramic artwork, 

leather, metals, graphite, plastics, concrete, rubber, paper stock, wood, or wood products which meets 

any of the following: 

 (A) Equipment used on a nonproduction basis. 

 (B) Equipment has emissions that are released only into the general in-plant environment. 

 (C) Equipment has externally vented emissions controlled by an appropriately designed and operated 

fabric filter collector that, for all specified operations with metal, is preceded by a mechanical 

precleaner. 

 (vii) Photographic process equipment by which an image is reproduced upon material sensitized to 

radiant energy, including any of the following: 

 (A) Blueprint machines. 

 (B) Photocopiers. 

 (C) Mimeograph machines. 

 (D) Photographic developing processes. 

 (E) Microfiche copiers. 

 (viii) Battery charging operations. 

 (ix) Pad printers. 

 (m) Lagoons, process water treatment equipment, wastewater treatment equipment, and sewage 

treatment equipment, except for any of the following: 

 (i) Lagoons and equipment primarily designed to treat volatile organic compounds in process water, 

wastewater, or groundwater, unless the emissions from the lagoons and equipment are only released into 

the general in-plant environment. 

 (ii) Sludge incinerators and dryers. 

 (iii) Heat treatment processes. 

 (iv) Odor control equipment. 

 (n) Livestock and livestock handling systems from which the only potential air contaminant emission 

is odorous gas. 

 (o) Equipment for handling and drying grain on a farm. 

 (p) Commercial equipment used for grain unloading, handling, cleaning, storing, loading, or drying in 

a column dryer that has a column plate perforation of not more than 0.094 inch or a rack dryer in which 

exhaust gases pass through a screen filter no coarser than 50 mesh. 

 (q) Portable steam deicers that have a heat input of less than 1,000,000 Btu's per hour. 

 (r) Equipment used for any of the following metal treatment processes if the process emissions are 

only released into the general in-plant environment: 

 (i) Surface treatment. 

 (ii) Pickling. 

 (iii) Acid dipping. 

 (iv) Cleaning. 

 (v) Etching. 

 (vi) Electropolishing. 

 (vii) Electrolytic stripping or electrolytic plating. 

 (s) Emissions or airborne radioactive materials specifically authorized pursuant to a United States 

nuclear regulatory commission license. 

 (t) Equipment for the mining and screening of uncrushed native sand, and gravel, and soil. 

 (u) Solvent distillation equipment that has a rated batch capacity of not more than 55 gallons. 
2006 MR 20 – November 15, 2006 

42 

 (v) Any vapor vacuum extraction soil remediation process where vapor is treated in a control device 

and all of the vapor is reinjected into the soil such that there are no emissions to the atmosphere during 

normal operation. 

 (w) Air strippers controlled by an appropriately designed and operated carbon adsorption or 

incineration system that is used exclusively for the cleanup of gasoline, fuel oil, natural gas condensate, 

and crude oil spills. 

 (x) Any asbestos removal or stripping process or process equipment. 

 (y) Ozonization process or process equipment. 

 (z) Combustion of boiler cleaning solutions that were solely used for or intended for cleaning internal 

surfaces of boiler tubes and related steam and water cycle components if the solution burned is not 

designated, by listing or specified characteristic, as hazardous pursuant to federal regulations or state 

rules. 

 (aa) Landfills and associated flares and leachate collection and handling equipment. 

 (bb) A residential, municipal, commercial, or agricultural composting process or process equipment. 

 (cc) Gun shooting ranges controlled by appropriately designed and operated high-efficiency 

particulate filters. 

 (dd) Equipment for handling, conveying, cleaning, milling, mixing, cooking, drying, coating, and 

packaging grain-based food products and ingredients which meet any of the following: 

 (i) Equipment used on a nonproduction basis. 

 (ii) Equipment has emissions that are released only into the general in-plant environment. 

 (iii) Equipment has externally vented emissions controlled by an appropriately designed and operated 

particulate control system. 

 (ee) Open burning. 

 (ff) Fire extinguisher filling, testing, spraying, and repairing. 

 (gg) Equipment used for chipping, flaking, or hogging wood or wood residues that are not demolition 

waste materials. 

 (hh) A process that uses only hand-held aerosol spray cans, including the puncturing and disposing of 

the spray cans. 

 (ii) Fuel cells that use phosphoric acid, molten carbonate, proton exchange membrane, or solid oxide 

or equivalent technologies. 

 (jj) Any vacuum truck used at a remediation site as a remedial action method, if it is not used more 

than once per month at a site and the usage is not more than 2 consecutive days. 

 (kk) Air sparging systems where the sparged air is emitted back to the atmosphere only by natural 

diffusion through the contaminated medium and covering soil or other covering medium. 

 (ll) Air separation or fractionation equipment used to produce nitrogen, oxygen, or other atmospheric 

gases. 

 (mm) Routine and emergency venting of natural gas from transmission and distribution systems 

or field gas from gathering lines which meet any of the following: 

 (i) Routine or emergency venting of natural gas or field gas in amounts less than or equal to 

1,000,000 standard cubic feet per event. For purposes of this rule, an emergency is considered an 

unforeseen event that disrupts normal operating conditions and poses a threat to human life, 

health, property or the environment if not controlled immediately. 

 (ii) Venting of natural gas in amounts greater than 1,000,000 standard cubic feet for routine 

maintenance or relocation of transmission and distribution systems provided that both of the 

following requirements are met: 

 (A) The owner or operator notifies the department prior to a scheduled pipeline venting. 
2006 MR 20 – November 15, 2006 

43 

 (B) The venting includes, at a minimum, measures to assure safety of employees and the public, 

minimize impacts to the environment, and provide necessary notification in accordance with the 

Michigan gas safety standards, the federal pipeline and hazardous materials safety administration 

standards, and the federal energy regulatory commission standards, as applicable. 

 (iii) Venting of field gas in amounts greater than 1,000,000 standard cubic feet for routine 

maintenance or relocation of gathering pipelines provided that both of the following are met: 

 (A) The owner or operator notifies the department prior to a scheduled pipeline venting. 

 (B) The venting includes, at a minimum, measures to assure safety of employees and the public, 

minimize impacts to the environment, and provide necessary notification in accordance with the 

Michigan department of environmental quality, office of geological survey, and the Michigan 

public service commission standards, as applicable. 

 (iv) Emergency venting of natural gas or field gas in amounts greater than 1,000,000 standard 

cubic feet per event, provided that the owner or operator notifies the pollution emergency alert 

system or PEAS within 24 hours of an emergency pipeline venting. For purposes of this rule, an 

emergency is considered an unforeseen event that disrupts normal operating conditions and poses 

a threat to human life, health, property or the environment if not controlled immediately. 

R 336.1288 Permit to install exemptions; oil and gas processing equipment. 

 Rule 288. The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the 

following: 

 (a) Gas odorizing equipment. 

 (b) A glycol dehydrator at an oil well site that is controlled by a condenser meets either of the 

following conditions: 

 (i) It is located at an oil well site and is controlled by a condenser or by other control equipment 

of equivalent or better efficiency than the condenser. 

 (ii) It is located at a site or facility that only processes natural gas from the Antrim zone. 

 (c) A sweet gas flare. 

 (d) Equipment for the separation or fractionation of sweet natural gas, but not including natural gas 

sweetening equipment. 

 (e) Equipment that is used for oil and gas well drilling, testing, completion, rework, and plugging 

activities. 

R 336.1299 Adoption of standards by reference. 

 Rule 299. (1) The following standards are adopted in these rules by reference and are available 

as noted: 

 (a) "1996 TLVs and BEIs. Threshold Limit Values for Chemical Substances and Physical 

Agents. Biological Exposure Indices," American conference of governmental industrial hygienists. For 

the purposes of R 336.1232, the chemical names and threshold limit values are adopted by reference. A 

copy may be inspected at the Lansing office of the air quality division of the department of 

environmental quality. A copy may be obtained from the Department of Environmental Quality, Air 

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

of these rules of $11.00, or from the American Conference of Governmental Industrial Hygienists, 6500 

Glenway Avenue, Building D-71330 Kemper Meadow Drive, Cincinnati, Ohio 45211-443845240, at a 

cost as of the time of adoption of these rules of $11.00. The American Conference of Governmental 

Industrial Hygienists can also be contacted on the internet at www.acgih.org, by telephone at 513-

742-2020, or by email at mail@acgih.org. 
2006 MR 20 – November 15, 2006 

44 

 (b) "NIOSH Pocket Guide to Chemical Hazards," national institute for occupational safety and 

health, June 1994. For the purposes of R 336.1232, the chemical names and NIOSH-recommended 

exposure levels are adopted by reference. A copy may be inspected at the Lansing office of the air 

quality division of the department of environmental quality. A copy may be obtained from the 

Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 

48909-7760, at a cost as of the time of adoption of these rules of $14.00, or from the National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, NTIS document 

PB95-100368, at a cost as of the time of adoption of these rules of $14.00. The National Technical 

Information Service can also be contacted on the internet at www.ntis.gov or by telephone at 

888-584-8332. 

 (c) "Guidelines for Carcinogen Risk Assessment," 1986, United States environmental protection 

agency, 51 F.R. pp. 33992 to 34003. Copies may be obtained from the Department of Environmental 

Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909-7760, at no cost, or from 

CERI, Office of Resource Information, United States Environmental Protection Agency, 26 Martin 

Luther King Drive, Cincinnati, Ohio 45268, EPA document no. EPA 600/8-87/045, at no cost. 

 (2) The following standards are adopted in these rules by reference and are available as 

noted. Copies are available for inspection and purchase at the Air Quality Division, Department 

of Environmental Quality, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-

7760, at a cost as of the time of adoption of these rules (AQD price). Copies may be obtained from 

the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, 

Pennsylvania, 15250-7954, at a cost as of the time of adoption of these rules (GPO price), or on the 

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

 (d)(a) The federal acid rain program, The department adopts by reference in these rules the 

provisions of 40 C.F.R. §§72.1 to 72.96 (2002) (2006), 40 C.F.R. §§74.1 to 74.61 (2002) (2006), and 40 

C.F.R. §§76.1 to 76.15 (2002) (2006), AQD price $72.00; GPO price $62.00. When used in these 

federal regulations, the term "permitting authority" shall mean the department and the term 

"administrator" shall mean the administrator of the United States environmental protection agency. If 

the provisions or requirements of 40 C.F.R. §§72.1 to 72.96, 40 C.F.R. §§74.1 to 74.61, or 40 C.F.R. 

§§76.1 to 76.15 conflict with, or are not included in, R 336.1210 to R 336.1218, then the 40 C.F.R. 

§§72.1 to 72.96 and 40 C.F.R. §§76.1 to 76.15 provisions and requirements shall apply and take 

precedence. A copy of these regulations may be inspected at the Lansing office of the air quality 

division of the department of environmental quality. Copies of 40 C.F.R., parts 72-80, may be obtained 

from the Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, 

Michigan 48909-7760, at a cost as of the time of adoption of these rules of $59.00; from the 

Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 

15250-7954, at a cost as of the time of adoption of these rules of $59.00; or on the United States 

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

 (e)(b) The federal hazardous air pollutant regulations governing constructed or reconstructed 

major sources, The department adopts by reference in these rules the provisions of 40 C.F.R. §§63.40 to 

63.44 (2002) (2006) and 63.50 to 63.56 (2002) (2006), AQD price $68.00; GPO price $58.00. When 

used in these federal regulations, the term “permitting authority” shall mean the department and the term 

“administrator” shall mean the administrator of the United States environmental protection agency. A 

copy of these regulations may be inspected at the Lansing office of the air quality division of the 

department of environmental quality. Copies of these regulations may be obtained from the Department 

of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909-7760, at a 

cost as of the time of adoption of these rules of $56.00, or from the Superintendent of Documents, P.O. 
2006 MR 20 – November 15, 2006 

45 

Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as of the time of adoption of these rules of 

$56.00, or on the United States government printing office internet web site at http://www.gpo. gov. 

 (f)(c) The federal compliance assurance monitoring regulations, The department adopts by 

reference in these rules the provisions of 40 C.F.R. §§64.1 to 64.10 (2002) (2006), AQD price $39.00; 

GPO price $29.00. When used in these federal regulations, the term "permitting authority" shall mean 

the department, and the term "administrator" shall mean the administrator of the United States 

environmental protection agency. A copy of these regulations may be inspected at the Lansing office of 

the air quality division of the department of environmental quality. Copies of 40 C.F.R., parts 64-71, 

may be obtained from the Department of Environmental Quality, Air Quality Division, P.O. Box 30260, 

Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $29.00; from the 

Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as of

the time of adoption of these rules of $29.00; or on the United States government printing office internet 

web site at http://www.gpo. gov.

(g)(d) Title 40 C.F.R. §51.160(f), “Legally enforceable procedures,” and appendix W, 

“Guideline on Air Quality Models” (2006); AQD price $55.00; GPO price $45.00. 

 (3) For the purpose of clarifying the definitions in these rules, the following documents are 

adopted by reference in these rules. Copies are available for inspection and purchase at the Air 

Quality Division, Department of Environmental Quality, 525 West Allegan Street, P.O. Box 30260, 

Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules (AQD price). 

Copies of the documents may be obtained from the Superintendent of Documents, Government 

Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania, 15250-7954, at a cost as of the time of 

adoption of these rules (GPO price), or on the United States government printing office internet 

web site at http://www.access.gpo.gov: 

 (a) Title 40 C.F.R. §§51.165, “Permit requirements,” and 51.166, “Prevention of significant 

deterioration of air quality” (2006), AQD price $55.00/$45.00 GPO price. 

 (b) Title 40 C.F.R., §52.21, “Prevention of Significant Deterioration of Air Quality” (2006), 

AQD price $70.00/$60.00 GPO price. 

 (c) Title 40 C.F.R., part 60, “Standards of Performance for New Stationary Sources,” 

(2006), AQD price $68.00/$58.00 GPO price for 60.1-end and AQD price $67.00/$57.00 GPO price 

for the appendices. 

 (d) Title 40 C.F.R., part 61, “National Emission Standards for Hazardous Air Pollutants” 

(2006), AQD price $55.00/$45.00. 

 (e) Title 40 C.F.R. §63.2, “Definitions,” and §63.5(b)(3), “Requirements for existing, newly 

constructed and reconstructed sources” (2006), AQD price $68.00/$58.00 GPO price for 63.1-

63.599. 

 (f) Title 40 C.F.R. part 63, subpart EEE, “National Emission Standards for Hazardous Air 

Pollutants From Hazardous Waste Combustors” (2006), AQD price $60.00/$50.00 GPO price for 

63.1200-63.1439. 

 (g) Title 40 C.F.R. part 63, subpart LLL, “National Emission Standards for Hazardous Air 

Pollutants From the Portland Cement Manufacturing Industry” (2006), AQD price $60.00/$50.00 

GPO price for 63.1200-63.1439. 

 (h) Title 40 C.F.R. §70.3 (2006), “Applicability,” AQD price $39.00/$29.00 GPO price for 

Parts 64-71. 

 (i) Title 40 C.F.R. §70.7(g) (2006), “Reopenings for cause by EPA,” AQD price 

$39.00/$29.00 GPO price for Parts 64-71. 

 (j) Title 40 C.F.R. §70.8(a)(1) and (2) (2006), “Transmission of information to the 

Administrator,” AQD price $39.00/$29.00 GPO price for Parts 64-71. 
2006 MR 20 – November 15, 2006 

46 

 (k) Title 40 C.F.R. §70.8(c) (2006), “EPA objection,” AQD price $39.00/$29.00 GPO price 

for Parts 64-71. 

 (l) Title 40 C.F.R. §70.8(d) (2006), “Public petitions to the Administrator,” AQD price 

$39.00/$29.00 GPO price for Parts 64-71. 

 (4) The ASTM methods are adopted in these rules by reference. Copies are available for 

inspection and purchase at the Air Quality Division, Department of Environmental Quality, 525 

West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, at the cost at the time of 

adoption of these rules. Copies may also be obtained from the ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959; the ASTM website 

at www.astm.org; or contact ASTM customer service at service@astm.org; at a cost as of the time 

of adoption of these rules as follows: 

 (a) ASTM-D-396-05, “Standard Specification for Fuel Oils,” $30.00. 

 (b) ASTM-D-2880-03, “Standard Specification for Gas Turbine Fuel Oils,” $30.00. 

 (c) ASTM-D-975-05, “Standard Specification for Diesel Fuel Oils,” $35.00. 
2006 MR 20 – November 15, 2006 

47 

NOTICE OF PUBLIC HEARING 

SOAHR 2004-007 

NOTICE OF PUBLIC HEARING 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

The Michigan Department of Environmental Quality (DEQ), Air Quality Division, will conduct a public hearing 

on proposed administrative rules promulgated pursuant to Part 55, Air Pollution Control, of the Natural Resources 

and Environmental Protection Act, 1994 PA 451, as amended (Act 451). The proposed rules will amend the air 

permit programs by adding Part 19, New Source Review (NSR) Impacting Nonattainment Areas for submittal to 

the U.S. Environmental Protection Agency as a revision to the State Implementation Plan. In addition, the 

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

organic compound in R 336.1122. The DEQ proposes to rescind R 336.1220, which will be replaced by the new 

NSR in Nonattainment areas Part 19 rules, and all relevant citations in the Part 2, Air Use Approval, rules will be 

changed to reflect the state's new permitting authority in the new Part 18 and Part 19 rules. 

The public hearing will be held on December 20, 2006, at 10:00 a.m., in the ConCon Conference Room, 

Constitution Hall, Atrium South, 525 West Allegan Street, Lansing, Michigan. 

Copies of the proposed rules (SOAHR 2004-006EQ, 2004-007EQ, and 2004-054EQ) can be downloaded from 

the Internet at: http://www.michigan.gov/deqair. These rules can also be downloaded from the Internet through 

the State Office of Administrative Hearings and Rules at http://www.michigan.gov/orr. Copies of the rules may 

also be obtained by contacting the Lansing office at: 

Air Quality Division 

Michigan Department of Environmental Quality 

P.O. Box 30260 

Lansing, Michigan 48909-7760 

Phone: 517-373-7045 

Fax: 517-241-7499 

E-Mail: halbeism@Michigan.gov 

All interested persons are invited to attend and present their views. It is requested that all statements be submitted 

in writing for the hearing record. Anyone unable to attend may submit comments in writing to the address above. 

Written comments must be received by 5:00 p.m. on December 20, 2006. 

Persons needing accommodations for effective participation in the meeting should contact the Air Quality 

Division at 517-373-7045 one week in advance to request mobility, visual, hearing, or other assistance. 

This notice of public hearing is given in accordance with Sections 41 and 42 of Michigan’s Administrative 

Procedures Act, 1969 PA 306, as amended, being Sections 24.241 and 24.242 of the Michigan Compiled Laws. 

Administration of the rules is by authority conferred on the Director of the DEQ by Sections 5503, 5505, and 

5512 of Act 451, being Sections 324.5503, 324.5505, and 324.5512 of the Michigan Compiled Laws, and 

Executive Order 1995-18. These rules take immediate effect after filing with the Secretary of State. 

____________________________ 

G. Vinson Hellwig, Chief 

Air Quality Division