RICK SNYDER 

GOVERNOR 

STATE OF MICHIGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

LANSING 

February 14, 2014 

Dr. Susan Hedman, Regional Administrator 

United States Environmental Protection Agency, Region 5 

77 West Jackson Boulevard (R-19J) 

Chicago, Illinois 60604-3507 

Dear Dr. Hedman: 

DAN WYANT 

OJ RECTOR 

SUBJECT: Michigan State Implementation Plan (SIP) submittal of Revisions to Part 4 

Rules 

Pursuant to Section 110 of the federal Clean Air Act and the Natural Resources and 

Environmental Protection Act, 1994 PA 451, as amended, the Michigan Department of 

Environmental Quality (MDEQ) is submitting the promulgated revisions to "Part 4. Emission 

Limitations and Prohibitions - Sulfur-Bearing Compounds" rules for the United States 

Environmental Protection Agency (USEPA) review and approval for inclusion in the 

Michigan SIP. The MDEQ is also requesting that certain portions of the Wayne County 

Ordinance, as amended, be removed from the SIP as they are being replaced by the 

amended Part 4 rules. 

Michigan Air Pollution Control Rules modified and/or added are: 

R 336.1401, Emission of sulfur dioxide from power plants; 

R 336.1401 a, Definitions; 

R 336.1402, Emission of sulfur dioxide from fuel-burning equipment at a stationary 

source other than power plants; 

R 336.1404, Emission of sulfur dioxide and sulfuric acid mist from sulfuric acid 

plants; 

R 336.1405, Emissions from sulfur recovery plants located within Wayne county; 

R 336.1406, Hydrogen sulfide emissions from facilities located within Wayne county; 

R 336.1407, Sulfur compound emissions from sources located within Wayne county 

and not previously specified; and 

R 336.1420, Applicability determinations, definitions, and permitting requirements 

under CAIR [Clean Air Interstate Rule] sulfur dioxide trading program. 

The revisions to the Michigan Air Pollution Control Rules were adopted to incorporate the 

Wayne County Department of Public Health, Air Quality Management Division (WCAQMD) 

Ordinance for sulfur dioxide (S02) regulations. The 1969 Ordinance was amended in 1981; 

both the Ordinance and the amendment are part of Michigan's approved SIP. In 2001 

Wayne County closed the WCAQMD and ended its air pollution control program. The 

MDEQ modified the Part 4 rules in 2008 and 2013 to provide equivalent protections in state 

rules to the amended Wayne County S02 regulations. As such, the MDEQ requests the 

removal of the Wayne County Air Pollution Control Regulations (1969), Section 6.3 A-H, as 

amended in 1981, from the Michigan SIP. 

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

WNW.mlchlgan.gov/deq • (800) 662-9278 
Dr. Susan Hedman 

Page 2 

February 14, 2014 

Additionally, R 336.1420, which provides for opting into the federal CAIR program, is 

included in the set of rules for submittal to the SIP. 

An opportunity for public comment and hearing was provided both for the promulgation of 

these rule revisions and for their submittal for approval to the Michigan SIP. In addition, an 

opportunity for public comment and hearing on the removal of the amended Wayne County 

regulation from the SIP was also provided. This submittal consists of one hard copy of the 

required documentation. An electronic version of the submittal in PDF format, identical to 

the hard copy, has been sent to Mr. Charles Hatten at the USEPA, Region 5. To assist with 

your review of the SIP submission, a list of the supporting documents is enclosed. 

We ask that the USEPA approve these revisions to the Michigan SIP. Questions on this 

submittal may be directed to Ms. Mary Maupin, SIP Unit Supervisor, Air Quality Division, at 

517-284-6755; maupinm@michigan.gov; or MDEQ, P.O. Box 30260, Lansing, Michigan 

48909-7760; or you may contact me. 

Enclosure 

incer'? j t:> 

~ v " 

f lfrn,uJ 

Dan Wyant C 

Director 

517-284-6700 

cc/enc: Mr. Charles Hatten, USEPA, Region 5 

Mr. Jim Sygo, Deputy Director, MDEQ 

Mr. G. Vinson Hellwig, MDEQ 

Ms. Mary Maupin, MDEQ 

Mr. Tracey McDonald, MDEQ 
Dan Wyant 

Director 

REVISION TO 

STATE OF MICHIGAN 

STATE IMPLEMENTATION PLAN 

for 

Part 4. EMISSION LIMITATIONS AND 

PROHIBITIONS- SULFUR-BEARING COMPOUNDS 

R 336.1401 toR 336.1402, 

R 336.1404- R 336.1407, R 336.1420, 

and removal of Wayne County Air Pollution Control 

Regulations, Section 6.3 A-H, as amended in 1981 

February 14, 2014 

Prepared by: 

Michigan Department of Environmental Quality 

Air Quality Division 

P. 0. Box 30260 

Lansing, Ml 48909-7760 

INTERNET: http://www.michigan.gov/deqair 

TABLE OF CONTENTS 

COMPLETENESS REVIEW 

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

ATTACHMENTS 

ATTACHMENT A A.1. 2011-029 EQ, Final form of adopted rules, Part 4, 

effective March 11, 2013. 

A.2. 2005-036 EQ, Previous final form of adopted rules, 

Part 4, effective January 31, 2008. 

ATTACHMENT 8 8.1. 2011-029 EQ, Secretary of State's notice of filing 

Administrative Rules, dated March 11, 2013. 

8.2. 2005-036 EQ, Secretary of State's notice of filing 

Administrative Rules, dated January 31, 2008. 

ATTACHMENT C C.1. 2011-029 EQ, Agency Report to JCAR, dated 

November 5, 2012. 

C.2. 2005-036 EQ, Agency Report to JCAR, dated 

October 15, 2007. 

ATTACHMENT D 0.1. 2011-029 EQ, Opening Statement, dated 

November 1, 2012. 

0.2. 2011-029 EQ, Staff Report, dated October 30,2012. 

0.3. 2005-036 EQ, Opening Statement, dated July 19, 

2007. 

0.4. 2005-036 EQ, Staff Statement, dated July 19, 2007. 

ATTACHMENT E E.1. 2011-029 EQ, Notice of Public Hearing, dated 

November 1, 2012. 

E.2. 2011-029 EQ, Newspaper Publication Affidavits, dated 

October 1 and 2, 2012, and October 9, 2012, and 

Newspaper Publication Tear Sheets, dated September 30, 

2012, and October 1, 2012. 
E.3. 2005-036 EQ, Notice of Public Hearing, dated 

July 19, 2007. 

E.4. 2005-036 EQ, Comments, dated July 18 and 19, 

2007. 

E.5. 2005-036 EQ, Newspaper Affidavits, dated 

June 11, 2007, and July 6, 2007. 

E.6. Notices of Public Comment and Hearing appearing in 

the December 2, 2013, issue of the DEQ Environmental 

Calendar, regarding removal of Wayne County Ordinance 

and Variance from SIP. 

ATTACHMENT F F.1. 2011-029 EQ, Strikethrough bold version as submitted 

for approval. 

F.2. 2005-036 EQ, Strikethrough bold version as submitted 

for approval. 

F.3. Combined Strikethrough bold version as submitted for 

approval. 

ATTACHMENT G G.1. Wayne County Air Pollution Control Regulation, Article 

VI excerpt. 

G.2. Wayne County Variance- Minutes from 7/29/81 Board 

of Health meeting. 

G.3. Wayne County Air Pollution Control Ordinance 1985, 

Chapter 8 excerpt. 
COMPLETENESS REVIEW 

Administrative Materials 

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

the revision. 

Cover letter dated February 14, 2014, from Dan Wyant, Director of the Michigan Department of 

Environmental Quality (MDEQ), to Dr. Susan Hedman, Regional Administrator, United States 

Environmental Protection Agency (USEPA), Region 5, requesting approval of State 

Implementation Plan (SIP) revision. 

A letter dated March 24, 2011, from Governor Rick Snyder to USEPA, Region 5, delegating 

authority to the MDEQ Director to make any submittal, request, or application under the federal 

Clean Air Act. The letter is available upon request. 

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 Secretary of State's Notices of Filing Administrative Rules for Part 4, dated March 11, 2013, 

and January 31, 2008, are included in Attachment B. 

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

implement the revision. 

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

Protection Act, 1994 PA 451, as amended, gives the agency the authority to promulgate the 

revised rules. A copy is available upon request or at the Web site listed below. 

http://leqislature. mi.gov/doc.aspx?mcl-324-5512 

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 4, dated March 11, 2013, 

and January 31, 2008, are included in Attachment B. 

The final form of the adopted rules, Part 4, with the effective date of March 11, 2013, as well as 

the revisions to the Part 4 rules effective January 31, 2008, are included in Attachment A 

Three strikethrough bold versions are included in Attachment F. Two are the rule changes as 

submitted for approval; the third was created for this submittal to show all changes from the 

previously approved Part 4 SIP in one document. 

Regarding the provisions we are requesting be deleted from the SIP, a copy of the 1969 Wayne 

County Air Pollution Control Regulation -Article VI, Section 6.3 A-H, and the 1981 variance 

amending this regulation are included in Attachment G. 
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 Secretary of State's Notice of Filing Administrative Rules for Part 4, dated March 11, 2013, 

and January 31,2008, are included in Attachment B. 

In addition, multiple steps in our rule making process are documented. The following are available 

upon request: 

• A Certification of Adoption and letter from MDEQ Director Dan Wyant to the Office of 

Regulatory Reinvention (ORR) dated February 26, 2013, regarding the most recent rule 

change. 

• The Legislative Service Bureau's (LSB) Certificate of Approval dated January 22, 2013, as 

well as a letter and certification of legality from ORR to the Joint Committee on 

Administrative Rules (JCAR) dated February 4, 2013. 

• A Certification of Adoption and letter from former MDEQ Director Steven Chester to the 

State Office of Administrative Hearings and Rules (SOAHR) dated December 10, 2007, 

regarding the first revision of the rules. 

• The LSB Certificate of Approval dated November 26, 2007, Certification of Legality dated 

November 30, 2007, and a letter from SOAHR to JCAR dated December 3, 2007, all 

pertaining to the earlier revision of the rules. 

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

approved by US EPA, Including date of publication of such notice. 

Publication from 3 different newspapers that published the notice of public hearing on 

September 30, 2012, and October 1, 2012, (affidavits dated October 1, October 2, and October 9, 

2012) for the final revisions to the rule and on June 11, 2007 (affidavits dated on June 12 and 

July 6, 2007) for the previous revisions to the rules are included in Attachment E. 

A public notice and a tentative public hearing were posted in the December 2, 2013, MDEQ 

Environmental Calendar, on the matter of removal of the pertinent Wayne County regulations 

from the SIP. An excerpt from the calendar is available in Attachment E or the complete calendar 

is at the link below: 

htlp://www.michigan.gov/documents/deq/deq-oea-envcatendar-120213 441289 7.pdf?201401101 03719 

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 Opening Statements for the November 1, 2012, and July 19, 2007, public hearings include 

information on the notice of public hearing and instructions on how the hearing was to be 

conducted. The staff reports are also included with the opening statements in Attachment D. 

As indicated above, a tentative public hearing regarding removal of the pertinent Wayne County 

regulations from Michigan's SIP was scheduled, but was not requested. 
8. Compilation of public comments and state's response thereto. 

No comments were received regarding the 2013 rule revisions or regarding the removal of the 

Wayne County regulations from the SIP. Copies of the comments received concerning the 2008 

revisions to the rules are in Attachment E with the responses contained in the Agency Report to 

JCAR in Attachment C. 

Technical Support 

1. Justification of rules revisions. 

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

Rules," Section 3, of the November 5, 2012, and October 15, 2007, Agency Reports in 

Attachment C provide the purpose and justification of the proposed rules revisions. 

Section 110 of the Clean Air Act requires that SIP revisions cannot be a relaxation of rules that 

have already been approved to Michigan's SIP. The modifications must be equally protective or 

more stringent than rules previously reviewed and approved by USEPA. Many conversations and 

much correspondence were had between AQD and USEPA over several months concerning this 

issue. Following are three examples and brief discussions of these interactions that illustrate how 

these changes are equally or more stringent. 

The USEPA expressed a concern that used oil was added to Tables 42 and 43 where it was not 

previously allowed. Used oil limitations expressed as weight percent of sulfur are set equal to 

those of the other oils in the table, and the sulfur concentration limits are more stringent in the 

MDEQ rules than in the approved SIP. This combined with testing standards and requirements 

included in footnotes to the tables would make the current MDEQ limits for sulfur in used oil more 

stringent than sulfur limits for crude and heavy oils in the current SIP. 

Another concern regarding the comparative stringency of rules was that the sulfur content values 

for some of the fuels were given limits greater than Wayne County's Sl P-approved regulations 

appear to have allowed. The original Wayne County Ordinance (1969) (Attachment G) required 

sulfur content for most fuels to decrease over a four-year period. The current MDEQ rules allow 

values higher than what Wayne County would have allowed had that regulation stayed in effect. 

However, in 1981 Wayne County adopted a variance/addendum (meeting minutes from 

7/29/1981) which adjusted some of those limits upward (Attachment G). The USEPA approved 

this variance (refer to 40 CFR Subpart X, 52.1170(c), Local Regulations). The MDEQ rules reflect 

those SIP-approved adjustments. 

A third concern was the apparent relaxation of SIP-approved Wayne County regulations for 

residential and commercial space and water heating. The limits in the MDEQ rules take into 

account that Wayne County has prohibited the burning of coal in residential, commercial, and 

school buildings for space or water heating. This ordinance, Wayne County Air Pollution Control 

1985 Ordinance, Section 805 (Attachment G), is also included in the SIP. For this reason, limits 

for residential and commercial coal burning were not included in the Part 4 changes. 

These Part 4 revisions incorporate the Wayne County regulations, as amended by variance, which 

are currently approved in the SIP. The Part 4 rules are no less stringent than Wayne County sulfur 

dioxide-related regulations and, in fact, include definitions, sampling, sampling methods, and 

recordkeeping requirements not previously in the SIP. 

A.1. 2011-029 EQ, Final form of adopted rules, Part 4, effective March 11, 2013. 

A.2. 2005-036 EQ, Previous final form of adopted rules, Part 4, effective 

January 31,2008. 

A.1. 2011-029 EQ, Final form of adopted rules, Part 4, effective March 11, 2013. 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

PART 4. EMISSION LllvflTATIONS AND PROHIBITIONS-SULFuR BEARING 

CO)vfPOUNDS 

(By authority confened on the director of environmental quality by sections 5503 and 

5512 of 1994 PA 451, ~vfCL 324.5503 and 324.5512, and Executi\·e Reorganization 

Order Nurubm 1995-16, MCL 324.99903, 2009-31, )vlCL 324.99919 and 2011-1, ~ICL 

324.99921) 

PART 4. HHSSION LIMITATIONS AND PROHIBITIONS- SULFUR-BEARING 

C01-!POUNDS 

R 336.1401 Euii%ion of sulfur dioxide fioru j>o\\·er plants. 

Rule 401. (I) lu a power plant, it is unlawful for a person to bum fuel that does not 

comply with_the sulfur content limitation of table 41 or which, when burned, results in 

sulfur dio:-tide (S02) emissions exceeding an equivalent emission rate as shown in table 

41. [n a power plant located in Wayne county, it is unlawful for-a person to bum fuel that 

does not comply with the sulfur content limitation of !able 42 and ulllawfnl to cause or 

pern.tit a di~charge into the atmosphere from fuel-burning eg,uipruent so2 in excess of the 

so2 concentration limit shown in table 42. 

(2) Tables 41 nnd 42 read as follows: 

TABLE41 

Fuel and S01 Emis•ion , Limitations for Power Plants 

1via.x.imum Equivalent EU'Iission Rates 

Plnnt Capacit;.·(1

) 

A\•erage Parts per 1\·fi.llion by Volume Pounds of SOJ per 

Sulfur (ppmv) Corrected to 50~~ 1\.fillion Btu of Heal Inpnt 

Content in Excess A_Ufe) (•) 

Fuel(o, t) Solid Fu.eltcJ liquid Fuel''' Solid Liquid 

(Percent (12,000 (18.000 Fuel(c) Fuel(:l) 

by Bn•·1b) Btu•lb) (12,000 (18.000 

Weight) Bn••lb) Btu,1b) 

0-500,000 lb; Steom 1.5 890 630 1.5 1.67 

per Hour Plant 

Capacity 

Greater than 500,000 l.O 590 420 1.67 l.ll 

lbs Steam per Hour 

Plant Capacity 

(a) The total steam production capacity of all coal- and oil-burning equipment in a power plant 

as of Aui(Ust 17, 1971. 
A.1. 2011-029 EQ, Final form of adopted rules, Part 4, effective March 11, 2013. 

(b) "Maximum average sulfur content in fu-el" means the aYe rage .sulfur content in all fuels 

bmned at nny 1 time in a power plant. The sulfur content 5ha.ll be calculated on the bas-i~ of 

12,000 Bruperponnd for solid fuels and 18,000 Btu oeroound for lionid fbek 

I (c) Solid fuels include both pulverized coal and aU other coal 

(d) Liquid fuels include distillate oil (No. 1 and No.2), heavy oil (No.4, No.5, and No.6), and 

cn1de oiL 

(e) A person shall sample, analyze, calculate, and record for ench day of opemtion for each unit 

at the power plant, the sulfur content of the fuel combmted or the fuel's eq_uiva1ent S01 emission 

rate in accordance with as-fired fuel ~ampling and analysis procedures found in appendi.x A of 

40 CFR. pillt 60; in particular the "Standard Test }..fethods fo.r Sulfur in Petroleum Products:" 

ASTI-.·1 DJ 29-01, 01266-98, or D 1552-01 and the "Standard Test }..fethods for Total Sulfur in 

the Analy!.k. of Coal and Coke:" ASTM 03177-89 or 04239-02; a.s referenc-ed in 40 C.F.R. part 

60.17, adopted by referenc-e in R 336.1 SOla. Records ~hall be l:ept, including the identification 

of the power plant, days of operation, and maximum sulftu content of fuel combmted for eac-h 

day of operation. Records shall be lll.3.intained on site for 5 years and submitted to the 

depilltruent upon written reque~f. 

'CABLE 42 

Fuel and S01 Concentration Limitation" for Power Plants Located in Wayne County 

h·faxir:uum Weighf Percent 

Sulfu.r Content in Fuel(~!.: b) 

SOl ppuw Emission Rates 

Fuel Type. Corrected to 50% Exce~s Air (o) 

Limitations for Fuel-Bumiug 

Equipment 

Pulverized Coal 1.00 550 

Other Coal 0.75 420 . 

Distillate Oil Nos. 1 & 2 0.30 120 

Used Oil 1.00 300 

Cmde and Heavy Oil 1.00 400 

Nc5. 4, 5, & 6 

(a) "Maxinmm weight percent sulfur content in fuel" rueans the ma.x.imum weight percent 

sulfur c-ontent in all fuels burned at any 1 time in a power plant. 

(b) A person shall sample, analyze, calculate, and record for each day of operation for each 

unit at the po\ver plant, the sullhr content of the fuel combusted and the fuel's equivalent S02 

emission rate in accordauc-:e with as-fued fuel sampling nnd analysis procedures found in 

appendix A of 40 CFR part 60; in pa11icular the "Standard Test Method!'> for Sulfur in 

Petroleum Products:" ASTl-.-i 0129-01, 01266-98, or Dl552-01 and the "Standard Test 

Methods for Total Sulfur in the Analysis of Coal and Coke:" ASTM D3177-89 o:rD4239~02; 

a~ referenced in 40 C.F.R. part 60.17, adopted by reference in R 336.1 802a. Records ~hall be 

l::ept, including the identification of the power plant, days of operation, and ma.ximum sulfur 

content of fuel combusted for each day of operation. Records shall be maiptajped on site for 

5 years and submitted to the depi111ment upon written request. 

(3) The following provisions apply to persons in Wayne county: 

(a) The maximum weight percent s-ulfur content in fuel limitations for fuel-burning 

equipment provisions of table 42 -of this rule shall not apply to any person who mes a 

combination of fuels in such ratios a~ to meet the S01 concentration liruitntions s-pecified 
A.1. 2011-029 EQ, Final form of adopted _rules, Part 4, effective March 11, 2013. 

in table 42 and ha~ obtained written approval from the department for this exemption. 

The allowable concentration limit will be based on the value in the table for the fuel 

haYing the h.igher allowable concezl!mtionlimil. 

(b) The maximum weight percent sulft1r content iu fuel limitations for fuel-burning 

equipment provisiom. of table 42 of this rule shall not apply to anj• person who bas 

received au i..ustallation pemllt from the department on a control de•·ice to desulfurize the 

stack gases and the control device is installed and operating properly. 

(4) Instead of conducting daily as-fired fuel s:uupling and analysis pursuant to mb1ule 

(2) of this 111le, a person at any power plant equipped with a S02 continuous emissions 

monitoring system (CEMS) 1ll11)' compute and record the daily equi,·atent enlission rates 

as detennined by the S01 CEMS. The S01 CE)..fS shall be calibrated, maint11iued, nnd 

operated in accordance with the proc-edure.s in 40 CFR 60.13(d), (e), (f), and (h) and in 

perfomiance specification 2, appendi.x B of 40 CFR parl 60 or 40 CFR pru1 75 excl11ding 

the data sub!>titution outlined in !.Ubp:ut D, adopted by reference in R 336.1802a. 

Record.s shall be maintained on !.ite for 5 year..s and 5Ubmitted to the department upon 

written request. 

History: 1980 A.i\CS; 2002 AAf;S; 2008 AAGS; 2013 ~!R 6, Eff \fa.-ch 11,2013. 

R 336.140la Definitions. 

Rule 401a. As used in this prut: 

(a) 11Power plant" means a single ::rtmcture devoted to steillll or electric generation, or 

both, and may contain multiple boiler:.. 

(b) "Sulfur recontJ plant" means any plant that reco\·ers elemental sulfur from any gas 

.stream. 

(c) "U!ied oil" mean'> any fitel that is produced from used oil, as defined in R 

299.9109(p). 

Histof}" 2008 AACS; 2013 h!R 6, Eff 1!ru-ch 11, 2013. 

R 336.1402 Emission of S02 from fuet.buming equipment at a stationary source other 

than power plants. 

Rule 402. (1) For fuel burning e<}llipment at a rtationa.ry source other th3.11 a power plant 

it is unlawful for a person to cause or allow the emission of S01 from the combu.stion of 

any coal or oil fuel in exce . .ss of I. 7 pounds per million Btu of heat input for oil fuel or in 

exces.s of2.4 pounds per million Btu of heat input for coaJ fuel. 

(2) The provi.sions of subrole (1) of this mle do not apply to fuel.burning equipment at a 

~tationary source that is unable to comply with the !.pecified emission limits beca\1Se. of 

S02 emissions caused by the pre!ience of :rulfur in other raw materials charged to the fuelburning equipment. This exception shall apply if at any tiu1e the actual S01 emission r3te 

exceeds the expected theoretical S01 emission rate from ft~-el 1.mrning. The expected 

theoretical sol eJJ.lission rate shall be based ou the quantity of fiJel burned and the 

a\·erage sulfur content of the fuel. 
A 1. 2q~ 1-029 EQ, Final form of adopted rules, Part 4, effective March 11, 2013. 

(3) For fuel burning equipment at a stationaty source located in Wayne county other 

than a power plant, it is unlawful for a person to bum fuel that does not comply with the 

sulfur content limitation of table 43 and unlawf\ll to cause or allow a di~charge into the 

atmosphere. from fuel burning equipment SO.:! in excess of the S02 concentration limit 

shown in table 43. 

(4) Table 43 reads as follows: 

Table 43 

Fuel and S01 Concentration Limitations for Fuel Burning Equipment(<) at a Stationary 

S O\lrce L ocate d. ill \V arne C ountr 0 I h ert ha ua P ower Pl ant 

Fuel Type Maximum Weie:ht Percent SO~ ppm\· Emission Rates 

Sulfur Content in Fnet<L b) Corrected to 50% Excess 

Limitations for Fuel. Airb 

Burning Equipment 

Coal 0.75 420 

Distillate Oil Nos. 1&2 0.30 120 

Used Oil 1.0 300 

Cmde and Hea\")' Oil 1.00 400 

Nos. 4, 5, & 6 

(a) The detennin,ation of sulfur cp~t~J.).f (percent by weight) of :fuel shall be carried 

out in accordance with -the '"'Standard Test 1-,:fethods for Sulfur in Petroleum 

Products:" ASTM D129~01, DI266.980 orDI552-01 and the "Standard Te:.t 

Methods for Total Sulfur in the Analysis of Coal and Col:e:" ASTM 03177-89 of 

D4239-02; as referenced in 40 C.F .R pad 60.17 adopted by reference iu R 

336.IS02a. 

(b) Records shall be hpt, induding the identification of the fuel burning equipment, 

days of op~tion, and marim\IW5Ulfur- content offue1 combusted for each day of 

operation. Records shall be maintained on site for 5 y.::ars and submitted to the 

department upon \'>'"riften request. 

(c) For table 43, fuel burning eqllipmenf include;; residential and co1111llerc.ia1space 

and water heating. The ma.'>.imum weight percent .mlfur content in fuel and S02 

ppmv emission rate limitations for distillate, cn1de, and hea\')' oils listed above also 

apply to these uuit ... 

(5) The following pro\'isions apply to penom in Wayne county: 

(a) The maximum weight percent .sul.fur content in fuel limitations for fue-l-b11ruing 

equipment provisions of table 43 of this mle !.ball not apply to a person who uses a 

combination of fuels in such rotios. as to meet the S02 concentration l.imitatious .specified 

in table 43 and bas obtained written approval from the department for this exemption. 

The altowable concentration limit will be based on tillo value in the table for the fuel 

ha\·ing the higher allowable concentration limit. 

(b) The maximum weight percent sulfur content in fuel limitations for fuel~buming 

equipment provisions of table 43 of this rule shaH not apply to a person who has receh•ed 

an installation permit from the depa.~inlent for a control device to desulfurize the stack 

gases aud the control device is installed and operating properly. 
A.1. 2011-029 EQ, Final form of adopted rules, Part 4, effective March 11, 2013. 

Hiotory: 19SO A1tCS; 200S AACS; 2013 MR 6, Eft: Morch 11, 2013. 

R 336.1403 Oil- and natuml gas-producing or transpot1ing facilities and nahJral gonproce~sing facilities; emissions; operation. 

Rule 403. (1) Except as proYided in submle (3) of thi~ nde, it is unlawful for a 

person to cause or allow the emission of !'.Our gas from an oil- or natural gas-prodndng 

or transpo11ing facility or a natural ga~- processing facility without burning or 

equivalent control of hydrogen ~ulfide and mercaptaus. 

(2) Except as provided in submle- (3) of this mle, sour gas that is bumed at an oil- or 

nahJral ga'>-produc-ing or trru.uporting facility or at a natural gas-processing facility .shall 

be burned ill a propecly engineered flare, incinerator, O'f other combustion S)'5fem 

with elevated discharge to the atmosphere. If the. ilare, incioemtor, or other 

combustion system 

bums sour gas in such volume and with such hydrogen sulfide- concentration that the 

daily quantity of hydrog_en sulfide. in the gas is less_ than 28 pounds, then it shall be 

equipped with either a pilot flame which will bum confiuuomly when gas flow.s to the 

flare, incinerator, or other combustion iystem.-or. with an nutofUiitic ignition sy!.tem, 

mlle!>s othen>:i-se :mthoi--ized by the department. If the flru:-e, incinerator, or other 

combustion system buffi!l !.our ga:. in such \"olurue and with such hydrogen 

s.ulfide concentration that the. daily quantity of hydrogen sulfide in the gas is 28 pounds 

or more, then it shall be equipped with a continuously burning pilot flame and a 

mechanism which will operate, upon failure of· the pilot flame, to shut off the .flow of 

gas, unless otbetwise authorized by the department. 

(3) The provisions of subn.1les (1) an4 (2) of this nde do not apply to either of the 

following: 

(a) CnJde oil.produdng facilities that sen•e a well or group of welts which 

attained an ave.rage production level of 10 or less barrels per day pee well before 

January 1, 1978, unless the department has received 1 complaint of odors regarding the 

facility, and the owner or operator is unable to or fails to demonstrate, to the 

satisfaction of the department,. that the uncontrolled hydrogen sulfide and mercaptan 

emissions do not cause an odor nuisance or health hazard. 

(b) A vessel or a battery ofvessels that releases a total daily volume of vapors ofle~s 

than 5,000 standard cubic feet, jf the owner or operator demonstrates both of the 

following: 

(i) Co~bmtion of the npon is not economically rea~onable. 

(ii) The uncontrolled release of the \'apors will not cause a violalion of the provisions 

ofR 336.1901. 

(4) A person shall not cause or allow the emission of sulfur dioxide from a new 

s:weetenin_g facility, unless such emi~siom are controlled using the- be~t available 

controllechnology: · · · · 

(5) The operator of a sour gas-, cntde., or condens..'\te.sweetening facili·ty shall do all 

of the following: 

(a) Monitor the mass flow rate of hydrogen sulfide either entering the plant or 

going to the waste gM flMe or flares on a periodic schedule specified by the 

depa11ruent. The monitoring program shall include a det<"r·miuation of the 
A.1. 2011-029 EQ, Final form of adopted rules, Part 4, effective March 11, 2013. 

hydrogen sulfide concentration using colorimetric detector h1be-s or their eCJ.uivalenl 

and a detennina.tion of the volumetric gas flow mte. The monitoring data ~ball be 

submitted to the department in an acceptable f01m;1t within 30 days following the end 

of the month in which lhe data were collected. 

(b) Pmvide fencing, waming !.ign~. or other measure-s as necessary to warn or deter 

unauthorized individuals from entering the plant property or buildings. Sigm 

shall read: "Danger--Poison Gas," ·with at least 1 sign on each side of the plant 

property. 

(c) Provide control of malodorous eruhsions from any 

valves, storage tanks, and dehydr.Hor vent or vents 

control. 

pressure relief valve or 

by bumiug or equivalent 

(d) Conduct a program of continuous monitoring of concentmtious of hydrogen 

sulfide in any building eudosiug a ~weete:uing process. The senr>or shall be placed as 

dose to process equipment as practicable. The system shall be de~igued, installed, and 

wainlaiued to provide a visual alarm when the hydrogen sulfide concentration is 

wore than 50 ppnL 

(e) Automatically begin a safe and orderly, shutdown of all proceas inflow ~treams 

to the facility if the concentration of hydrogen sulfide is more than 100 ppm in any 

building enclosing a sweetening process. Full operation may be re51lme.1 only after 

successful corrective measures have be:en applied. 

(f) Automatically colllnleuce (;hut~in of the facility within second after 

extinguishment of the flare flame, unless otherwise ;~uthorized by the dep:u1wenl. 

Operation of the facility shalt not continue unless correc!h•e measures tal:eo to reignite 

the flame are .succe5sful. 

(6) A new sweetening f..1.ci1ity shall not be iusmlled at or· distance of less than 1;300 

feet fi·oru an existing resiQence, unle-ss othem•ise authorized by the departmeut. 

Such authorization shall depend upon a satll.factory showing by a permit applicant 

that au odor nuisance ~hall not re51llt from a les~er setback distance. 

Hislo')c 1980 AACS; 1989 .'\.ACS; 2002 AACS. 

R 336.1404 Emission of S01 and sulfuric acid m.ist from sulfuric acid plants. 

Rtlle 404. (1) It is unlawful for a per:;on to came or allow the emission of sulfuric acid 

mist from any sulfuric acid plant in excess of 0.50 po1mds per ton of acid produc-ed, the 

production being expressed as 100% sulfuric add. 

(2) It is unlawful for a person in Wayne county to cause or allow S01 enli!,.sions into the 

atmosphere from any sulfuric acid plant to exceed 6. 5 pounds per- ton of acid produced. 

(3) Compliance with this mle shall be demonstrated using 40 C.F .R pa11 60, ap~ndix A, 

reference test method no. 8, adopted by reference in R 336.2004(1 )(1). 

His!01)": 1980 AACS; 2008 AACS; 2013 MR 6, Eff. March 11,2013. 

R 336.1405 Emissions :from sulfurreco\'el}' plants located within Wayue county. 
A.1. 2011-029 EQ, Final form of adopted rules, Part 4, efl'.ective March 11, 2013. 

Rule 405. At sulfur recovery plants located in \Vayne connt)•, a person shall not 

c:mse or allo\v the eotission into the atmo5phere of sulfur dioxide, !.-ulfur trioxide, or 

sulfuric acid from any such sulfur recovery plant to exceed 0.01 pounds per pound of 

sulfur produced. 

Hiotory. 2008 AACS. 

R 336.1406 Hydrogen sulfide e.ruissiom from facilities located withiu Wayne county. 

Rule 406. (1) A person in Wayne county shall not cause or allow the combustion 

of any refinery process gas stream that contains hydrogen sulfide ill a concentration of 

greater than 100 grains per 100 cubic- feet of g11s without rernovill of the hydrogen 

sulfide in excess of this concentration.. 

(2) \\1

hen the odor of hydrogen sulfide is found to exist beyond the property line of 

a source, a person in Wayne county shall not came or allow the concentration of 

hydrogen sulfide to exceed 0.005 p:uis per million by volume for a maximum period 

of2 minutes. 

Histoly: 2008 AACS: 

R 336.1407. Sulfur compound erui.'.i:;-ions from sources located within Wayne county and 

not previously !>pecified. 

Rule -107. Both ·of the following apply to process and fuel burning equipment at a 

~tationnry source located within Wayne county to which the provi.Gions ofR 336.1401 to 

R 336.1406 do not apply. 

(a) A person shall not came or allow the emission into the atmosphere gases with a 

concentration of S02 greater than 300 parts pe.r million b:y' volume, which shaiJ be 

corrected to 50% excess air. 

(b) A person shall not cause or allow the em.i..ssion into the atmosphere gases with a 

concentration of sulfuric acid or !.-ulfur trioxide or a combination thereof greater than 15 

milligcams per cubic rueter, which .sbaU be conected to 50% excess air. 

Hi,tory. lOOS AACS; 2013 MR 6, Eff.11arch 11, 2013. 

R 336.1420. Applicability determinntions, definitions, and permitting requirement!> 

under CAIR S02 trading program. 

Rule 420. (1) As used in this n1le, ''CAIR'' means dean air intentate mle. 

(2) The pro\·isioll'> of 40 C.F.R. §97.202, §97.220 to §97.224 and the opt-in pro\i~ioru 

of 40 C.F.R. §97.2SO· to ·g~I7-.2SS '(:20'll)" are· adopled- by- rt:fereuce· iu this. nlle and· are• · 

applic-able to these rules. Copie!.' of 40 C.F .R. §97.202, §97.220 to §97.224, aud §97.280 

to §97.288 are available for inspection and purchase at the Department ofEuviroll.lllental 

Quality, Air Quality Division, 525 West AUegau Street, P.O. Box 30260, Lansing, 

Michigan 48909-7760, at a cost ns of the time of adoption of thi~ mle of $76.00. Copies 

ruay be aho obtained from the Superintendent of Documents, U.S. Go\•errunent Printing 
A.1. 2011-029 EQ, Final form of adopted rules, Part 4, effective March 11, 2013. 

Office, 732 N011h Capitol Street, N\V, \\'ashington, DC 20401, by calling 1-866-512-

1800 or by accessing their online bool:s1ore at http://booksto.re.gpo.gov at a co!< I as of the 

time- of adoption of tlli rule of $66.00. Tbe standards can be viewed and/or printed free 

of charge at http://ec-fr.gpoacce-~s.gov. 

(3) Each CAIR S01 source, as defmed in 40 C.F.R. §97.202 is required to apply for a 

CAIR permit in accordance with 40 C.F.R. §97.220 to §97 224. This permit shall be 

adrn..in..istered in accordance with the procedural requirements ofR 336.1214 and shall be 

incorporated into the facility's renewable operating permit as a.n attachment 

History: 2008 AACS; 2013 MR 6, Ef£ March II, 2013. 
A.2. 2005-036 EQ, Previous final form.of adopted rules, Part 4, effective January 31,2008. 

SOAHR 20D~J6EQ Eff~dve J:anl!ary3f, 21)1)8 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

AIR POLLUTION CONTROL 

Flied v~tll the Secretary of state on January 31, 2008 

This rule becomes effective Immediately upon filing Witll the Secretary of state 

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

under t11ese sections become effective 7 days after filing with the Secretary of State. 

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

sections 5503 and 5512 or 1994 PA 451, 111CL 324.5503 and 324.5512, and 

Exectrtive Reorganization Order No. 1995-·18, MCL 324.99903) 

R 336.·1401, R 335.1402, and R 336.1404 of the Michigan Administrative Code 

are amended, end R 336.140.1a, R 036.1405, R 336.1406, R 336.1407, and 

R 336:1420 ore added to t11e COde as follows: 

PART 4. EMISSION LIMITATIONS AND PROHIBITIONSSULFUR-BEARING COMPOUNDS 

R 336.1401 Emission of sulfUr dioxide from power plants. 

Rule 401. ('I) In a power plant. itis unlaWfUl for a person to bum fuel that does 

not comply with the sulfur content limitation of table 4 'lor which, when bumed, 

results In sulfur dioxide emissions exceeding an equivalent emission rate as shown 

in table 41. In a power plant located in Wayne county, it is unlawful for a person to 

bum fuel U1at does not comply Wlth me sulfUr content tihlitaticih oi taDre 42 ana · 

unla111u1 to cause or penni! a discharge Into the atmosphere from fuel-burning 

equipment sulfur dioxide in excess of the sulfur dioxide concentration limit shown in 

table 42. 

(2) Tables 4 t and 42 read as follows: 

TABLE 41 

Fuel and sulfur dioxide emission limitations for fuel buminQ equipment 

Maximum Equivalent emission rates 

average Parts per million by volume Pounds of sulfur dioxide 

Plant Capacityfa) sulfur (ppmv) corrected to 50% per million Btu of heat 

content In excess air input ruer:~J Solid fuer1

· 

1 liquid fuel 1 Solid fuel' 1 liquid 

Percent by (12,000 (18,000 (12,000 fuel\d) 

weight Btullb) Btullb) Btullb) (18,000 

Blullbl 

0·500,000 lbs steam 1.5 890 630 2.5 1.67 

per hour plant capaci1Y 

iOiU;2007· 
A2. 2005-036 EQ, Previous final form of adopted rules, Part 4, effective January 31, 2008. 

SOAHR lW$-C136EQ -2-

Greater than 500,000 1.0 590 420 1.67 1.11 

lbs steam per hour 

plant capacity 

(a) The total steam production capacity of all coal- and oH-bumlng equipment in a 

. power Plant as of Atioust 17, 1971. 

(b) "Maximum average sulfur content in fuel" means the average sulfur content in all 

fuels bumed at any 1 time in a power plant The sulfur content shall be calculated on 

the basis of 12,000 Btu per pound for solid fuels and ·18,000 Btu per pound for liquid 

fuels. TI1e determination of sulfur content {percent by weight) of fuel shall be carried out 

in accordance wit11 a procedure acceptable to tile department. 

I (c) Solid fuels Include both pulverized coal and all other coal. 

(d) Liquid fuels Include distillate oil (No. 1 and No.2), heavy oil (No.4, No.5, and No. 

6), and crude oil. 

TABLE42 

Fuel and sulfur dioxide concentm!ion limitations for fuel burning equipment located 

·in Vo/ayne rounty 

1·..1aximum weight percent S02 ppnw emission rates 

Fuel type sulfur content in tueJ(~J corrected to 50% excess air{bJ 

limi!at!ons for fuel-burning 

eou!pment 

PulVerized coal 1.00 550 

Other coal 0.75 420 

Distillate oil Nos. 1 & 2 0.30 i20' 

Waste and used oil 1.0 300·"! 

Crude ·and heavy oil 1.00 400 

Nos. 4, 5, &6 

{a) The detemllnation of sulfur content (percent by weight) of fuel shall-be.c;mied.oul in.-. 

accordance with a procedure acceptable to the department 

(b) Recordkeeplng necessary to demonstrate compliance with the requirements of this rule 

and compliance testing must be Conducted with a frequency and In a manner acceptable to 

the department. 

(c) A certain degree of control would be required to meet this Jimlt if 1.0% sulfur fuel is used 

in lieu of0.75% sulfur fuel which must be documented and demonstrated in a m~mner 

acceptable to the department. 

(3) The use of fuels having sulfur contents as set forth In l<>ble 4 ·1 and table 42 

shall not allow degrad<>tion in the mass rate of particulate emissions. unless 

otherwise authorized by the department The department may require source 

emission tests wf1ich may .. !)e perfom1ed by,.or under U1e supeNisionof,.the. 

department at the expense of the owners and may require the submission of reports 

to the department both before and after changes are made in the sulfUr content In 

fuel. · 

(4) The following provisions apply to persons in Wayne county: 

(a} The maximum weight percent sulfur content in fUel Hrnftations for fuel-bumlng 

equipment pmvlslons of table 42 of this mle shall not apply to any person wi1o uses 
A.2. 2005-036 EQ, Previous final form of adopted rules, Part 4, effective January 31, 2008. 

SOAHR 200U36EQ -3- Effootive January Jt. 2008 

a combination of fUels In such ratios as to meet tile sulfUr dioxide concentration 

limitations specified in table 42 and has obtained written approval from the 

department for this exemption. The allowable concentration limit will be based on 

the value In the table for tile fUel having the higher allowable concentration limit. 

(b) The maximum weigllt percent sulfUr content In fUel limitations for fUel-burning 

equipment provisions of table 42 of tllis rule shall not apply to any person who has 

received an installation penni! from tile department on a control device to desulfllrize 

tile stack gases and the control device is Installed and operating properly. 

R 336.1401a Definitions. 

Rule 401a. As used In tills part: 

(a) "Power plant" means a single structure devoted to steam or electric 

generation, or botll, and may contain multiple boilers. 

(b) "Sulfur recovery planr means any plant that recovers elemental sulfUr from 

any gas stream. 

R 336.1402 Emission of sulltlr.dioxide from !Uel-buming sources other Ulan power 

plants. 

Rule 402. (I) At a fuel buming source ot11er Ulan a power plant It Is unlawfUl for a 

person to cause or allow the emission of sulfUr dioxide from tile combustion of any 

coal or 011 !Uel In excess of 1. 7 pounds per million Btu of heat Input for oil fUel or in 

excess of 2.4 pounds per million Btu of heat Input for coat fuel. · 

(2) The provisions of subrule (1) of this rule do not apply to a !Uel-bumlng source 

that is unable to comply with the specflied emission limits because of sulfur dioxide 

emissions caused t>y the presence of sulfUr In other raw materials charged to the 

fuel-bumlng source. Tills exception shall apply ff at any time the actual sulfUr 

dioxide emission rate exceeds the expected theoretical sulfUr dioxide emission rate 

from fUel bumlng. The expected U1eoretlcat sulfur dioxide emission rate shall be 

based on the quantity ofl~el·bumed and the· average sulfUr content·of·the·ruel. · 

(3) At a fUel buming source located In Wayne county ot11er than a power plant, It 

is unlawfUl for a person to bum fUel tllat does not comply with the sulfur content 

limitation of table 43 and unlawful to cause or allow a discharge into the atmosphere 

from a fUel burning source of sulfur dioxide In excess of the sulfur dioxide 

concentration limit shown In table 43. 

(4) Table 43 reads as follows: 

Table43 

Fuel and sulfUr dioxide con~~tratlon limitations for fuel buming sources located In 

Wavne coun at a source other U1an r wer olants 

Fuel type Maximum weight percent .. so,.ppnw emission rates 

sulfUr content in fuer(•J corrected to 50% excess 

limitations for !Uel-buming aJr"l 

I eouloment 

Coal 0.75 420 

Distillate oil Nos. 1 & 2 0.30 120 

Waste and used oil 1.0 300''' 
A.2. 2005-036 EQ, Previous final form of adopted rules, Part 4, effective January 31, 2008. 

SOAHR 2005-43SEQ 

Crude and heavy oil Nos. I 

4,5, &6 

-4-

1.00 

Eff~tiveJan~ryJt, 2008 

I 400 

{a) The detemlination of sulfur content (percent by welghl) of fUel shall be carried 

out In accordance With a procedure acceptable to the department 

(b) Record keeping necessary to demonstrate compliance with the requirements of this rule 

and compliance testing must be conducted with a frequency and In a· manner acceptatJie to 

the department. 

(c) A certain degree of control would be required to meet this limit if 1.0% sulfur fuel is 

used in lieu of 0.75% sulfur fuel which must be documented and demonstrated in a manner 

acceptable to the department. 

{5) Tile use of fUels having sulfur contents as set fortll in table 43 shall not allow 

degradation in tl1e mass rate of particulate emissions, unless ot11erwise autl10rized 

by tl1e department. The department may require source emission tests which may 

be performed by, or under the supervision of, the department at the expense of the 

owners and may require the submission of reports to t11e department both before 

and after changes are made in tl1e sulfur content in fuel. 

(6) The following provision> cpply io persons in Wayne county: 

{a) Tile maximum weight percent sulfur content in fuel limitations for fuel-burning 

equipment provisions of table 43 or this rule shall not apply to a person 1'~10 uses a 

combination of fUels in such ratios as to meet the sulfur dioxide concentration 

limitations specified In table 43 and has obtained writlen approval from the 

department for tills exemption. The allowable concentration timit will be based on 

t11e value In the table for the fuel having the higher allowable concentration Jimil 

(b) The max/mum we/gilt percent sulfur.contenUn.fuel !imitations for IUeJ,buming 

equipment provisions of table 43 or this rule shall not apply to a person who has 

received an installation penni! from the department for a control device to desulfurize 

the stack gases and the control device is Installed and operating properly. 

R 336.1404 Emission of sulfur dioXide and sulfuric acid mist from sulfurtc acid 

plants. 

Rule 404. {1) II Is unlaWful for a person to cause or allow the emission or sulfuric 

acid mist from any sulfuric acid plant In excess of 0.50 pounds per ton of acid 

produced, the production being expressed as 100% su/furtc acid. 

(2) II is unlawful for a person In Wayne county to cause or allow sulfur dioxide 

emissions into the atmosphere from any sulfuric acid plant to exceed 6.5 pounds per 

ton of acid produced. 

{3) Compliance With this rule shall be demonstrated using a procedure acceptable 

to the department ' 

R 326.1405 Emissions from sulfur recovel)' plants located '.'litllin .Wayne county. 

Rule 405. At sulfur recovery plants located In Wayne county, a person shall not 

cause or allow the emission Into the atmosphere of sulfur dioxide, sulfur trioxide, or 

sulfuric acid from any such sulfur recovery plant to exceed O.ot pounds per pound of 

sulfur produced. 
A.2. 2005-036 EQ, Previous final form of adopted rules, Part 4, effective January 31, 2008. 

SOAHR 2005-{)JOEQ -5- Effe-,dve Janua!y Jf, 2008 

R 336.1406 Hydrogen sulfide emissions from facilities located within Wayne county. 

Rule 406. ('I) A person In Wayne county shall not cause or allow the combustion 

of any refine!)' process gas stream that contains hydrogen sulfide in a concentration 

of greater than 100 grains per 100 cubic feet of gas without removal of the hydrogen 

sulfide In excess of this concentration. 

(2) When the odor or hydrogen sulfide Is found to exist beyond the property line of 

a source, a person In Wayne county shall not cause or allow the concentration of 

hydrogen sulfide to exceed 0.005 parts per million by volume for a maximum period 

of 2 minutes. 

R 336.1407. SulfUr compound emissions from sources located witllin Wayne county 

and not previously specified. 

Rule 407. Both of the follo\\1ng apply to process and fuel buming sources located 

wit11ln Wayne county to which the provisions of R 336.1401 toR 335:1406 do not 

apply. 

(a) A person shall not cause or allow the emission into tile atmosphere gases with 

a concentration of sulfur dioxide greater than 300 parts per million by volume, v.111c11 

snail be corrected to 50% excess air. 

(b) A person slmll not cause or allow tile emission into the atmospt1ere gases \'.1th 

a concentration of sulfuric acid or sulfur trioxide or a combination thereof greater 

than 15 milligrams per cubic meter, which shall be corrected to 50% excess air. 

R 336.1420. Applicability detemlinations, definitions, and permitling requirements 

under CAJR sulfUr dioxide trading program. 

Rule 420. (1) As used in tills rule, "CAIR' means clean air interstate rule. 

(2) The provisions of 40 C.F.R. §97.202, §97.220 to §97.224 and ti1e appropriate 

opt-in provisions of 40 C.F.R. §97.280 to §97.288 (2006) are adopted by reference 

in tills rule and are applicable to these rules. Copies of 40 C.F.R. §97.202, §97.220 

to §97.224, and §97.280 to §97.288 are available for inspection and purchase at the 

Department of Environmental Quality, Air Quality Division, 525'West Alfegan Street, 

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

of thls rule of $70.00. Copies may also be obtained from the Superintendent of 

Documents, Govemmenl Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 

15250-7954, at a cost as of the time of adoption of tills rule of $60.00; or on the 

United states govemment printing office intemet web site at wl'.w.access.gpo.gov. 

(3) Each CAIR sulfUr dioxide source. as defined in 40 C.F.R. §97.2021s required 

to apply for a CAJR pem1tt In accordance witll 40 C.F.R. §97.220 to §97.224. Tills 

pennit shall be administered in accordance with the procedural requirements of 

R 336.1214 and shall be Incorporated Into the facility's renewable operating pennit 

as an attachment. 

B.1. 2011-029 EQ, Secretary of State's notice of filing Administrative Rules, 

dated March 11, 2013. 

B.2. 2005-036 EQ, Secretary of State's notice of filing Administrative Rules, 

dated January 31, 2008. 

8.1 ... 2011-029 EQ, Secretary of State's notice of filing Administrative Rules, dated March 11, 2013. ... . 

STATE or MICIHGA.'l 

Runt JoHNSON, S1~RETARY oF STATE 

DEPARTMENT OF STATE 

LANSING 

March 11,2013 

NOTICE OF FlUNG 

AD~1Th1STRATIYE HULl'.~ 

To: Secretary of the SMatc 

Clerk of1hc House ofRepresentath'I..'S 

Joim Committee on Administrative Rul~s 

State Office of Regulatory Rdnv~ntiun (Adminislrativc Rule- #2011·029-EQ) 

Legislative Service Bureau (Secreurry of State Filing .1! !3-0J.-05) 

De-pnrtment of Environmentn.l Quality 

In accordnnce with the provisions of SL'ction 46( I) of Act 306, Public Acts of 1 '>69, a.•;; amended, 

and Executive Order 1995-6, tbis is to advise you that the Michigan Department of Licensing 

and Rcgulmory Affairs and tho Stat~.Onice.ofRe~ulntory Reinvenlion filed Administrative Rule 

#2011.029-EQ (Secretory of State Filing #13-03·05) pn this date at4:41 P.M. for the Department 

ofEnvironment.al1 entitled .. Pari 4. Emissions Limitarions and Pruhlbitions-Su/fi~r-lkm·in~ 

Compounds•1

, · 

These rules become cft"ecliYe immt.'<.liatcly upon filing.~vith the Secretary ofSw.tc unlcs.s adopted 

under scc1ions 33, 44 or 4Sa(6) of 1969 PA 306. Rules adopted under'these sections become 

effecti-ve 7 days after filing with the Secretory of State. 

Sincerely, 

Ruth Johnson 

~;~~~. Y\~\JS-lts\·l~ Robin L Honstotl, Dep:\ttrtil!rt!al Supervisor 

Oilice of the Great Seal·· 

Enclosure 

OFf' ICE Of THE GREAT $EAl 

: C~ SOU'I'H WASHINGTON SOUARC~·GUn'[• !"•r;,•AH~lk-~.-MI\}Htll?.tN$:."te• ·· 1-8tii·SOS·IJICII {l•llll·H1-l;~2"<1j 

V.WW .lli<!hlg.i ri.IIQ't/5Q~ 
8.2. 2005-036 Eg, Secretary of State's notice of filing Administrat,iv~ Rules, dated January 31, 2008. 

To: Secretory ofll1e Senate 

STATP. QF lvhonr:JAN 

TEIUtt1NNN L',ND, SEC:RETARY Of STATI:; 

DEPARTMENT OF STATE 

LAJ.'SINO 

January 31, 2008 

NOTICE OF FllJNG 

ADI\!INISTRATIVE RULES 

Clerk oflhc House ufRcprcscntath•es 

Joint Comruiltee on Admlnistrotive Rules State Office of Administrative Hearings and Rules (Rule# 2005-036 EQ) 

,Legislative Service Bureau (08'01-01) 

VDepnrtmen1 ofEnvironmentltl Quality 

In accordance with lhe provisions of Section 46(1) of Act 306, Public Acl~ of 1969, os amended, 

and Executive Order 1995-6 this is to advise you that the Michigan Ocpar1me.nt <";If Labor & 

Economic Grov.1h, State Office of AdministrntiveHeildllgs nnd Rules filed at 4:35P.M. this 

date, ndministrative rule (08-01-01) for the Department' of Environtncntnl QunHty, "Part 4. 

Emi.sslons LimittltiOns and ProMbitions- Sulfur-Bean'ng Compounds". These ruk.s become 

effective immediately upon filing witb the Secretary of State uu1css tldop[cd nnder sections 33, 

44, or 4.Sa(6) of 1969 PA 306. Rules adopted tmdcr these sections becom~ effe-Ctive 7 days after 

filing v.<itb the Secretary of Stale. 

Sincerely, 

Terri Lynn Land 

Sccrelnry of State 

t

r) . I ' / . "f;·Lt-vk~ •tJtt(.s-fz-).,__ C 1-.J!1 

Robin Hotlston~ Office SupelYisor 

Office of the Greot Seol 

Enclosure 

I<EC~HIIED 

FEIJ 1 Z 2DDB 

AIR QUALITY D/V. 

OffiCE OF HIE OAfAT S1:At 

lO.IJ ~;>Ql,lTII WASIHNOfON SOU.\flE' LMISING. MJCJIIOAII <\SS\6 

www . .!,U~t>lgan.oovhol • (1'117} 373·1&31 
C.1. 2011-029 EQ, Agency Report to JCAR, dated November 5, 2012. 

C.2. 2005-036 EQ, Agency Report to JCAR, dated October 15, 2007. 

C.1. 2011-029 EO, Agency Report to JCAR, dated November 5, 2012. 

Agency Report to the 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

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

for promulgating the rules. Please send an electronic copy of this fonn to the Officeof 

Regulatory Reinvention (ORR) at orr@michigan.gov. The ORR will review the 

document, the newspaper adve1tisements, and the corresponding mles prior to completing 

the legal certification of the mles. Please be sure to send to the ORR proofs of publication 

for the three newspaper adve1tisements required by MCL 24.242(1). You may mail them 

or send them as a scanned attachment. 

Department 

[ Depa1tment of Environmental Quality (DEQ) 

Air Quality Division (AQD) 

ned by ORR). ~--. 

Title of rules: 

Part 4. Emission Limitations and Prohibitions -

Sulfur Bearing Compounds 

1. Name, address, FAX and phone numbers of agency contact person: 

Robert Rusch, 517-373-7041 or mschr@michigan.gov; Mary Maupin, 517-373-7039 or 

maupinm@michigan.gov; Deprutment of Environmental Quality, Air Quality Division, 

Constitution Hall, 3'd Floor North, 525 West Allegan Street, Lansing, MI 48933; 

FAX: 517-241-7499. 

2. Purpose for the proposed rules and background: 

The revisions toR 336.1401 (Rule 401), R 336.1402 (Rule 402), R 336.1404 (Rule 404), 

R 336.1407 (Rule 407) and R 336.1420 (Rule 420) address comments received from the 

United States Environmental Protection Agency (U.S. EPA). The AQD submitted to the 

U.S. EPA a proposed revision to Michigan's State Implementation Plan (SIP) consisting 

of the promulgated revisions and additions to the Prut 4 Rules that became effective 

January 31, 2008. These mle amendments conect minor deficiencies identified by the 

U.S. EPA. Rule 420 will be revised to address changes the U.S. EPA requested for the 

implementation of the Clean Air Interstate Rules (CAIR). 

3. Summai'Y of proposed rules: 

Rules 401,402,404,407, and 420, (Emissions of Sulfur Dioxide (S02) fi'Oln power plants; other 

fuel burning sources; sulfuric acid plants; sulfur compound emissions from sources located 

within Wayne County and not previously specified; and CAIR program requirements) contain 

minor revisions including references to specific federal and state regulations, procedures, and 
C.1. 2011-029 EQ, Agency Report to JCAR, dated November 5, 2012. 

methods; format changes, (e.g. capitalization and S02 abbreviations); and more updates to the 

address and internet information. Rule 420, Applicability determinations, definitions, and 

permitting requirements under CAIR sulfur dioxide trading program, will be revised by 

removing the word "appropriate" in reference to some opt-in provisions, in order to include all 

o t-in rovisions. 

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 Mining Journal, October 1, 2012; The Oakland Press, September 30, 2012; The Lansing 

State Journal, October I, 2012. 

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

November I, 2012; 10:00 a.m.- 11 :0.::.0-=ac:.:.m:.::._. ___ _ 

6. Date of ublication of rules and ublic hearin ister: 

October 15, 2012 

7. Agency rep1·esentative(s) attending hearing (include agency name and title of 

representative[ s ]): 

G. Vinson Hellwig, Division Chief, AQD; Mike Jackson, Administration Section 

Manager, AQD; Carrie Barr, Rule Liaison, AQD; Asad Khan, AQD; Mary Maupin,· 

AQD; Tracey McDonald, AQD; and David Fiedler, Regulatory Affairs Officer, DEQ. 

8. Persons submittin letters, comments and testimony of su ort: 

None 

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

I None 

None 

Name of person completing this report: 

I Robert Rusch I 

Date report completed: 

I November 5, 2012 

(ORR-JCAR May 2011) 
C.2. 2005-036 EQ, Agency Report to JCAR, dated October 15, 2007 

Agency Repmi to the 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

This form must be completed by the depmiment/agency that has the statutmy authority 

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

of Administrative Hem·ings and Rules (SOAHR) at soahr_rules@michigan.gov. The 

SOAHR will review the document, the newspaper advertisements, and the corresponding 

mles 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 scmmed attaclunent. 

Department 

I Environmental Quality (DEQ) 

Division/a ency/bureau: 

Air Quality Division (AQD) 

· · ·Rule set number 

2005-036EQ 

Title of rules: 

ncdbySOAHR 

I Pati 4. Emission Limitations and Prohibitions- Sulfur-Bearing Compounds 

11. Name, address, FAX and phone numbers of agency contact person: 

[Mary Ann Halbeisen, Constitution Hall; Phone 517-373-7045; Fax 517-241-7499 .=:J 

12. Purpose fo1· the proposed rules and background: 

The Wayne County Depmtment of Public Health, Air Quality Management Division 

(WCAMD), adopted rules to control emissions of sulfur bearing compounds on 

March 23, 1972, that were more stringent than the states rules for certain sources. These 

rules were subsequently made pmt of the Michigan State Implementation Plan (SIP). In 

September 2001 Wayne County ended its air pollution control program and the 

WCAMD. The modifications to R 336.140 I, R 336.1402, and R 336.1404 (Rules 401, 

402, and 404) and the addition ofR 336.1405 toR 336.1407 (Rules 405 to 407) are 

intended to incorporate the Wayne County sulfur limitation into the state's rules to make 

them consistent with the federally approved SIP. In Rule 401, existing Tables 41 and 42 

have been combined and a new Table 42 was added that contains limits applicable to 

Wayne County sources. Also in Rule 401, certain portions of the mle have been deleted 

that were originally included to allow companies additional time to come into compliance 

with the rule limits. These provisions are now obsolete because all the companies have 

since come into compliance. 
C.2. 2005-036 EQ, Agency Report to JCAR, dated October 15, 2007. 

Rule (CAIR) which reduces transported emissions of sulfur dioxide (S02) from electric 

generating units. Rule 420 adopts the opt-in provisions of 40 C.F.R., Part 97, to allow 

unaffected facilities to participate in the regional S02 trading program associated with the 

CAIR. Tlus was requested by the stakeholder workgroup . 

. 

13. Summary of proposed rules: 

Rules 401 and 402 contain percent sulfur-in-fuel and S02 concentration limits for power 

plants and sources other than power plants, respectively. 

Rule 40 I a contains certain definitions used in the Part 4 rules. 

Rule 404 specifies SOz and sulfuric acid mist limitations for sulfuric acid plants. 

Rule 405 specifies various sulfur compound limits applicable to sulfhr recovery plants in 

Wayne County. 

Rule 406 contains hydrogen sulfide emission restrictions for sources located within 

Wayne County. 

Rule 407 contains sulfur compound limits that would apply to sources not specified in 

the previous Pmi 4 mles. 

Rule 420 is adopting the opt-in provisions of 40 C.F.R., Part 97, to allow unaffected 

facilities to pmiicipate in the CAIR regional SOz trading program. 

14. 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 in the following newspapers on June II, 2007: 

Lansing State Journal 

Oakland Press 

Marquette Mining Joumal 

15. Time, date, location and duration of public hearing: 

July 19,2007, 10:00-10:50 a.m., Constitution Hall, 525 West Allegan Street, Lansing, 

Michlga~n~------~~----~~--~------------~--------------~ 

June 15, 2007 
l ·-- -

C.2. 2005-036 EQ, Agency Report to JCAR, dated October 15, 2007. 

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

re Jresentative s : 

Mary Ann Dolehanty, Supervisor, Thermal Process Unit, AQD 

Mary Ann Halbeisen, Administrative Rules Coordinator, AQD 

Asadullah Khan, Enviromnental Engineer, AQD 

Steve Kish, Enviromnental Engineer Specialist, AQD 

S M us an au, l DEQ R l t R egu a ory e fi orru Offi 1cer 

Mary Maupin, Environmental Quality Specialist, AQD 

Jeffi·ey Rathbun, Environmental Engineer, AQD 

Barbara Rosenbaum, Supervisor, Air Quality Evaluation Section, AQD 

Teresa Walker, Environmental Quality Analyst, AQD 

18. Names, organizations and (complete) addresses of persons attending the 

--

hearing: r • . Jolm Becsey, Executive Director, Asphalt Pavement Association of Michigan, 6639 

,!!JCanturin Drive, Suite 120, Lansing, MJ 48917 

.- ·David Yanochko, Senior Eil\•iromnentat Engineer, AsphaltPaveriiefl1 Ass6ciatiori of .,. 

lv1ichigan, 39255 Country Club Drive, B-25, Farmington Hills, MI 48331 

19. Persons submitting letters, comments and testimony of SU.£Il<l.l't: 

Douglas Aburano, Engilieer, Criteria Pollutant Section, Region 5, U.S. Environmental 

Protection Agency (EPA), 77 West Jackson Boulevard, Chicago, IL 60604-3590 

20. Persons submitting letters, comments and testimony of opposition: 

John Becsey, Executive Director, Asphalt Pavement Association of Michigan, 6639 

Canturin Drive, Suite 120, Lansing, MI 48917 

21. Summary of suggestions to modify proposed rules: 

a. John Becsey, Executive Director, Asphalt Pavement Association of Michigan 

_(APAI\1). 

Comment: "AP A1v1 has several concerns regarding the language in the rule and how it 

would affect APAM's members operati11g in Wayne County. It is our belief that, unless 

these issues are resolved, it will needlessly put members at a competitive disadvantage to 

members operating outside Wayne County." 

Response: The AQD is willing to make changes to the mle to the greatest extent 

possible to remove any competitive disadvantages but is limited by the requirement that 

the changes need to be approved by the EPA to become pmi of the SIP. 

Comment: "In general it appears that the mle was written to address boilers rather than a 

' 
C.2. 2005-036 EQ, Agency Report to JCAR, dated October 15, 2007. 

variety of fuel firing processes, including but not limited to aggregate dryers. Tllis is most 

readily evident in proposed Rule 402, Table 43, and Rule 407 in which the S02 emission 

concentrations are specified "as corrected to 50% excess air." While 50% excess air is an 

appropriate conection for a boiler, it is not appropriate for an aggregate dryer. "The 

amount of air requ.ired to operate an aggregate dryer is not dependent on the air required 

for proper combustion, but on the air required to properly dry and heat the product." 

Response: The 50% excess air specification is not an operational requirement and is 

included to normalize the S02 concentration limits to the same basis when applied to 

various source types that operate under different sets of conditions. 

Comment: "For air permitting purposes, S02 control efficiencies of 43% when tunning 

mixes contaitling recycled asphalt product and 72% when running virgin aggregate mixes 

have been established. However, during recent permit negotiations, the MDEQ-AQD 

staff were unwilling to consider the proven, inherent S02 control provided by HMA [hot 

mix asphalt) plants when considering the proposed exemption provided by Rule 

402(6)(b), because "a control device was not installed. Revise the wording in Rule 

402(6)(b) to allow for processes that inherently control so2 to take advantage oftllis 

exemption if they so choose. For the.foresPeable future, AP AM members will likely he 

abie to operate economically with fuels at 'a maximum sulfur content Of 1.0% and the 

exemption provided by subtule ( 6)(b) will be unnecessary for most members. However, 

as fuel costs increase, AP Alvi members may wish to increase the flexibility in the fuels 

they are authorized to bum by applying for pennits to move from Table 43 tci a sitespecific fuel limit, based on HMA plants' inherent S02 concentration." 

Response: The original intent of Rule 402(6)(b) was to offer an exemption for sources 

that installed wet scmbbing or dry injection flue gas desulfurization (FGD) unit that 

typically acllieves upwards of 95% control. The AQD is currently and will continue to 

have discussions with the EPA regarding some possible future mle changes which would 

allow a source to take advantage of any inherent control they might be achieving, but 

indications are that they are unwilling to approve such a change at this time. 

Comment: "AP AM has several suggestions our members believe would serve to clarify 

the proposed mles." "Include recycled used oil it1 Table 43, Rule 402, as part of the row 

for 'Crude and heavy oil Nos. 4, 5, & 6.' This would help clarify that the maximum 

sulfur content for RUO [rec)'cled used oil] is consistent tor that ot"'i:Jil Nos. 4,· s; & "'6 at · 

1.0%." 

Response: A categoq for "waste and used oil" was added to both Table 43 in Rule 402 

and Table 42 in Rule 401, and the percent sulfur in fuel limit was set to 1.0% with a 

concentration limit of 300 parts per million by volume (ppmv). A footnote clarifies that 

meeting both limits assumes some level of control. 

Comment: "AP AM believes the concentration listed in Rule 407(a) should be raised to 

400 ppmv consistent with the concentration listed for 'Ctude and heavy oil Nos. 4, 5, & 

6' listed in Table 43. The current concentration of 300 ppmv appears to be a remnant for 
C.2. 2005-036 EQ, Agency Report to JCAR, dated October 15, 2007. 

the old Wayne County Ordinance in which the maximum sulfur contents in 'crude and 

heavy oil' was listed as 0.7%. As the fuel sulfi1r limit in Table 43 has been raised to 

1.0%, the concentration limit in subrule (a) should also be increased. The concentrations 

for sulfuric acid and sulfi1r trioxide should also be adjusted consistently with the new S02 

concentration." 

Response: Since RUO was not specifically listed as a fuel type in the Wayne County 

Ordinance, sources using it have been subject to the 300 ppmv concentration limit that 

was in Section 6.3G of the ordinance. With the addition of a "waste and used oil" 

category to Rules 40 I and 402, sources using it would be subject to these rules instead 

and the 300 ppmv was transferred to these rules as to not allow for a relaxation ofan 

existing standard. 

Comment: "AP AM recommends provisions be added to Rule 407(a) to set a sitespecific fi1el sulfur limit as part of a permit review, rather than a stack gas concentration 

corrected to 50% excess air. This site-specific sulfi1r limit would be based on the S02 

control inl1erent in the process and would result in a simpler compliance determination 

forj:JOth the MDEQ-AQD and APAM members." 

if; .. 

Rest)ohse: ·With the addition of the waste a11d used oil categoty andrevising the term 

"fuel burning equipment" to "fuel burning sources," hot mix asphalt plants using this type 

of fuel would be subject to Rule 402 and not Rule 407. Rules typically serve as a baseline 

starting point for establishing permit limits. 

b. Douglas Abm·ano, Environmental Engineet·, EPA Region 5 

Comment: Rule 420(l)(b) defines "CAIR sulfur dioxide permit." We believe this 

should be "CAIR permit" which is already defined in 40 CFR 97.202. Since you are 

adopting the provisions of 40 CFR 97.202, it is unnecessary for you to include this 

defmition. We recommend you delete Rule 420(l)(b). 

Response: DEQ agrees and has deleted the subrule. 

Comment: Rule 420(l)(c) defines "Michigan EGUs." We believe this definition is also 

not necessary and should be deleted. 

Response: DEQ removed the definition in the NOx pmiion of the CAIR rules (see 

2005-36EQ) but the removal from this parallel rule was overlooked. DEQ agrees with the 

cmmnent and the definition will be removed. 

Comment: Rule 420(2) currently adopts the S02 opt-in provisions of 40 CFR 97.281-

288. This should be expanded to include 40 CFR 97.280-288. 

Response: DEQ agrees and has corrected the typographical error. 
C.2. 2005-036 EO, Agency Report to JCAR, dated October 15, 2007. 

Comment: Rule 420(2) should also be expanded to include the permitting CAIR S02 

permitting requirements found by adopting 40 CFR 97.220-224. This will be used in Rule 

420(3). 

Response: DEQ agrees and has added the suggested adoption to our rules. 

Comment: Rule420(3) reads, "Michigan EGUs are required to apply for and receive a 

CAIR sulfur dioxicitj permit.'· This ohould be changed to "Each CAIR S02 source, as 

defined in40 CFR 97.202, is required to apply for a CAIR penni! in accordance with 40 

CFR 97.220-224." This change will be consistent with comments I, 2, 3, and 4. 

Response: DEQ agrees and corrected the language to clarify the original intent. 

Date report completed: 

I October 15, 2007 :=J 

(SOAHR-JCAR June 2005)· 
0.1. 2011-029 EQ, Opening Statement, dated November 1, 2012. 

0.2. 2011-029 EQ, Staff Report, dated October 30, 2012. 

0.3. 2005-036 EQ, Opening Statement, dated July 19, 2007. 

0.4. 2005-036 EQ, Staff Statement, dated July 19, 2007. 

D.1. 2011-029 EQ, Opening Statement, dated November 1, 2012. 

Department of Environmental Quality 

Opening Statement 

By-: Mike-Jackson, Hearing Officer 

November 1, 2012 

Introduction 

fvly name is Mike Jackson, and I am Supervisor of the· Administration Division at 

the Michigan Department of Environmental Quality. I will be serving as the 

Hearing Officer for this public hearing on the proposed administrative rule 

revisions to: 

Part 4 - Emission Limitations and Prohibitions - Sulfur Bearing Compounds, (ORR 

2011-029 EQ). 

Parf9-, Emission Limitations and Prohibitio,ls- Miscellaneous, (ORR 2012-017 EO). 

With me are Carrie Barr, Administrative Rules Coordinator for the Air Quality 

Division, and Vince Hellwig, Chief of the Air Quality Division, who is representing 

the Director of the Department, Dan Wyant, as the decision-maker on 

administrative rules. I would. also like to introduce Asad Khan from the Air Quality 

Division, who has been instrumental in developing the proposed revisions to 

these administrative rules. 

Hearing Agenda 

First, we will briefly describe the proposed rule revisions. Following that, we will 

take your comments, then describe what will happen after today's hearing. 

Background Information 

Asad Khan will now briefly summarize the proposed revisions. 

Purpose of Public Hearing 

Thank you Asad. Now, Carrie Barr will describe the purpose of today's hearing 

and how your comments will be used. 

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

an opportunity to provide information that the Department can use in making its 

decision. 
D.1. 2011-029 EO, Opening Statement, dated November 1, 2012. 

As you came in, 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 who are 

interested in the proposed rules and to call upon those who want to make a 

statement today. When all of the cards have been completed, we will ask if 

anyone else would like to make a statement. 

When your name is called, please approach the table and give your statement. If 

you have written comments or materials that you would like to present, please 

hand them to Mr. Jackson as you come to the table. Before you begin your 

comments, please state your name and any group or association you may 

represent. 

This hearing is being recorded and your comments will become a part of the 

information that the Department will consider when making its decision on the 

proposed rules. The public comment period for the proposed rules ends today at 

5:00p.m. Any and all comments received by 5:00 p.m. today will be considered 

when the Department makes its decision. 

rollowing the public hearing, we will review all of the comment.s and prepare an 

Agency Report, which includes the response to comments. The Agency Report 

will be available on the Department's website or by contacting the Air Quality 

Division office. The proposed rules and the Agency Report will be submitted to 

the State Office of Regulatory Reinvention and the Joint Committee on 

Administrative Rules. Once approved, the rules will be filed with the Secretary of 

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

approximately two months to complete. 

Thank you Carrie. I will now begin calling the names of those who have indicated 

that they would like to make a statement. 

Closing Statement 

Thank you for your comments and cooperation. We appreciate that you have 

shown an interest in these proposed rule revisions by taking the time to be here 

today. 

As previously mentioned, the public comment period ends today at 5:00 p.m. 

If you have any questions regarding the proposed rule, Air Quality Division staff 

will be available immediately following this hearing to answer them. 

The hearing is now closed. Thank you again. 

(NOTE: If no one present hearing may be closed at 1 hour mark.) 
D.2. 2011-029 EQ, Staff Report, dated October 30, 2012. 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

PROPOSED AMENDMENTS TO AIR POLLUTION CONTROL RULES 

ORR 2011-029 EQ, ORR 2011-017 EQ 

SUBJECT 

The Department of Environmental Quality, Air Quality Division (AQD), is 

proposing to revise the following administrative rules under the Natural 

Resources and Environmental Protection Act, 1994 PA 451, as amended (MCL 

324.101 to 324.90106): 

Part 4 - Emission Limitations and Prohibitions- Sulfur Bearing Compounds, R 

336.1401, R 336.1402, R 336.1404, R 336.1407, and R 336.1420; 

Part 9- Emission Limitations and Prohibitions- Miscellaneous, R 336.1902, 

R 336.1933, R 336.1948, R 336.1949, R 336.1950. 

PURPOSE AND SUMMARY OF THE PROPOSED RULES 

Pa"tt 4 revisions · . 

The revisions to R 336. 1401, R 336.1402, R 336.1404, R 336.1407, and R 

336.1420 address comments received from the United States Environmental 

Protection Agency (U.S. EPA). 

The AQD submitted to the U.S. EPA a proposed revision to Michigan's State· 

Implementation Plan (SIP) consisting of the promulgated revisions and additions 

to the Part 4 Rules that became effective January 31, 2008. The U.S. EPA 

identified deficiencies in the submittal. These rule amendments· addre·ss the· 

comments received from the U.S. EPA. 

Rule 401, Emission of Sulfur Dioxide (S02) from Power Plants; Rule 402, 

Emission of S02 from fuel-burning sources other than power plants; Rule 404, 

Emission of S02 and sulfuric acid mist from sulfuric acid plants; and Rule 407, 

Sulfur compound emissions from sources located within Wayne county and not 

previously specified, contain revisions to correct deficiencies identified by the 

U.S. EPA. Rule 420, Applicability determinations, definitions; and permitting) · · 

requirements under CAIR sulfur dioxide trading program, will be revised by 

removing the word "appropriate" which EPA believes inappropriately allows 

Director discretion. 

Part 9 revisions 

Current Rule 902 contains adoption of standards by reference. The adoption of 

standards by reference for the proposed Rules 948, 949 and 950 will be added to 

Rule 902 and adoption dates and costs listed for all the standards will be 

updated. 
0.2. 2011-029 EQ, Staff Report, dated October 30, 2012. 

R 336.1933 (Rule 933) Standards for hospital/medical/infectious waste 

incinerators are adopted by reference. Rule 933 is being rescinded because 

there are no units in the state that are affected by this rule. 

Rule 948 will adopt by reference U.S. EPA's rule, 40 CFR Part 63, subpart 

YYYYY, promulgated December 28, 2007, which requires a pollution prevention 

plan to restrict the amount of chlorinated plastics, lead, and free organic liquids 

charged to an electric arc furnace and restricts charging the furnace with certain 

metallic scrap, such as engine blocks and transformers. It also requires the 

removal of mercury switches from motor vehicle scrap before it is used. Rule 948 

would prevent the introduction of contaminants such as oil, mercury, and 

chlorinated plastics to electric arc furnaces which would the level of hazardous 

toxic air contaminants emitted. 

Rule 949 will adopt by reference the U.S. EPA's rule, 40 CFR Part 63, subpart 

ZZZZZ, promulgated January 2, 2008, which contains management practices for 

iron and steel foundries and specifies requirements for scrap not to contain 

certain items and materials, such as oil filters and chlorinated plastics. It also 

requires the removal of mercury switches from motor. vehicle scrap before it is . 

·used. Rule 949 prevents the same type of contaminants as listed for Rule 948 

from being introduced to the steel making process, thereby reducing the level of 

toxic air contaminants emitted into the air. 

Rule 950 will adopt by reference the U.S. EPA's rule, 40 CFR Part 63, subpart 

ZZZZZZ, promulgated September 25, 2009, which contains management 

practices for aluminum, copper, and other nonferrous foundries and specifies 

requirements for scrap to be depleted to the extent practicable of hazardous 

metals. It also requires a management practices plan to reduce toxic air 

emissions and establishes particulate emission limits for large copper and other 

non-ferrous foundries. Rule 950 would prevent the introduction of contaminants 

such as lead, manganese, nickel, chromium, cadmium 

and beryllium into aluminum, copper and other non-ferrous melting furnaces and 

thereby reduce the level of hazardous toxic air contaminants emitted into the air. 

ACTIONS FOLLOWING THE PUBLIC HEARING 

Following the public hearing, the AQD staff will review the comments received 

and make appropriate changes to the proposed rules. The proposed rule 

package will then be submitted to the Office of Regulatory Reinvention, the 

Legislative Service Bureau, and the Joint Committee on Administrative Rules as 

prescribed by the Administrative Procedures Act, 1969 PA 306, as amended. 

Next, the rules will go into effect immediately after filing with the Secretary of 

State's office. 

The final Part 4 rules will be submitted to the U.S. EPA as a revision to the State 

Implementation Plan. 
i1 

D.2. 2011-029 EQ, Staff Report, dated October 30, 2012. 

Prepared by: Robert Rusch 

Strategy Development Unit 

Air Quality Evaluation Section 

Air Quality Division, DEQ 

October 30, 2012 
D.3. 2005-036 EQ, Opening Statement, dated July 19, 2007. 

Department of Environmental Quality 

Opening Statement 

By: Barbara Rosenbaum, Hearings Officer 

July 19, 2007 

Introduction 

Good morning ladies and gentlemen. My name is Barbara Rosenbaum, and I am 

the Supervisor of the Air Quality Evaulation 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 4 and 6, the 

rescission of Part 12, and the addition of Part 19 of the Air Pollution Control 

Rules. 

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

. with.me a.re T17.resaWalker, Steve Ki<'h, Asap Khan, anq Jeffrey Rathbun, who 

prepared the 'rule revisions, andVir1ce Hellwig, Chief of the Air Quality Division, 

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 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 four rule packages on amendments to the 

administrative rules for Air Pollution Control: 

• 2005-036EQ, Part 4, Emission Limitations and Prohibitions-Sulfurbearing Compounds. 

• 2007-005EQ, Part 12, Emission Averaging and Emission Reduction Credit 

Trading. 

• 2007-006EQ, Part 6, Consumer Product Rules. 
0.3. 2005-036 EQ, Opening Statement, dated July 19, 2007. 

• 2004-054EQ, Part 19, New Source Review for Major Sources Impacting 

Nonattaiment Areas. 

Teresa Walker will summarize the proposed revisions to Part 4 (2005-036EQ) 

and Part 12' (200?c005EQ). 

Asad Khan will summarize the proposed revisions to Part 6 (2007-006EQ). 

Jeff Rathbun will summarize the proposed new rules for Part 19 (2004-054EQ). 

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:1 purpose of today's hearing is to give anyone interested in the proposed rules 

a~pportunity to provide information that the QEQ can use in making the 

deCision. Please recogtlize that thn DEQ can only use tho information you 

provide if it relates to the criteria that the DEQ must use in making a decision. 

Some of you may want to simply express your support or opposition to the 

proposed action. We will be happy to make note of your position, but please . 

understand that the DEQ is, by law, not allowed to base our decision on whether 

or not there is widespread support or opposition to the proposed action. 

Procedures 

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, Lansing State Journal, and Marquette 

Mining Journal on June 11, 2007. The notice and proposed rules were also 

published in the Michigan Register on June 15, 2007. 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·il'l·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 
0.3. 2005-036 EQ, Opening Statement, dated July 19, 2007. 

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. 

3. Each person will be given five minutes to make their comments. I will 

indicate to you when you have one minute lefLP!ease begin wrapping up 

your comments and end within the allotted time. If need be, I will indicate 

when your time has ended. 

I ask that we all be courteous and respectful to one another today. Only one 

person should be speaking at a time. Please do not interrupt a speaker and 

please also recognize that the DEQ staff are here today to provide a fair 

opportunity for you to express your comments on the proposed rules and to listen 

to those comments. 

How the Information Will be Used 

This hearing is being recorded and your comments will 15e 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 5:00 p.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 begirt calling the names ofthose 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. 
D.4. 2005-036 EQ, Staff Statement, dated July 19, 2007. 

STAFF STATEMENT 

AIR QUALITY DIVISION 

DEPARTMENT OF ENVIRONMENTAL· QUALITY 

By: Teresa Walker, Strategy Development Unit 

July 19, 2007 

SUBJECT: Proposed administrative rules R 336.14018, R 336.1401, R 

336.1402, R 336.1404 toR 336.1407, and R 336.1420 

PRINCIPAL REASONS FOR THE PROPOSED RULES 

This Rules package (2005-036EQ) contains revisions and additions to the Air 

Quality Divisions' Part 4 Rules which address emissions of Sulfur Dioxide and 

sulfur bearing compounds. The main purpose of these changes is to incorporate 

. sulf~Jr limitations that were previously approved into the Michigan State ·.· · · 

Implementation Plan (SIP) by the US Environmental Protection Agency (USEPA) 

as part of the Wayne County Department of Public Health, Air Quality 

Management Division (WCAMD) ordinance. The.WCAMD was abolished in the 

fall of 2001, and the ordinance provisions for sulfur ended as well. These sulfur 

limitations were applicable to sulfur-emitting sources located in Wayne County. 

The adoption of this rules package will create states rules consistent with the 

federally approved SIP for the sources in Wayne county. Other changes to the 

rules include removing· antiquated provisions that aUhe.fime tney were originally 

adopted, allowed Companies more time to come into compliance with the 

limitations. Since these dates have since past and the Companies have now 

come into compliance, the provisions have become obsolete. 

New Rule 420 is part of the Clean Air Interstate Rule (CAIR) Program. The 

federal CAIR program requires the state to develop regulations to reduce NOx 

and S02 emissions. The proposed rule will result in reduced S02 emissions from 

EGUs, which will help. reduce the formation of particulate .. matter less-than 2.5. 

microns in diameter in Michigan and downwind areas. The Department of 

Environmental Quality (DEQ) worked with a number of stakeholders to develop 

and adopt this rule. The workgroup included representatives from various 

industrial, commercial, small business, consumer and environmental groups and 

associations. The workgroup met several times during 2005 and 2006. 

SUMMARY OF THE CONTENTS OF THE PROPOSED RULES 

Rules 401a, 401, 402,404 through 407, and 420 
0.4. 2005-036 EQ, Staff Statement, dated July 19, 2007. 

• Rule 401a contains language adopting definitions previously not 

addressed in the rules. 

• Rule 401 revisions address changes in the language regarding the 

emission of sulfur dioxide from electric power plants. 

• Rule 402 revisions address changes in the language regarding the 

emission of sulfur dioxide from sources other than electric power plants. 

• Rule 404 revisions address changes in the language regarding the 

mission of sulfur dioxide and sulfuric acid mist from sulfuric acid plants. 

• Rule 405 revisions address changes in the language regarding the 

emissions from sulfur recovery plants located within Wayne county. 

• Rule 406 revisions address changes in the language regarding hydrogen 

sulfide emissions from facilities loc,~terl within W8yne county. 

• Rule 407 revisions address changes in the language regarding sulfur 

compound emissions from sources located within Wayne county and not 

previously specified. 

• Rule 420 establishes the ability to opt-in to the CAIR S02 program to 

electric generating sources (EGUs) which are not currently subject to the 

requirements. The remaining requirements for the CAIR S02 shall be met 

using the Federal Implementation Plan under Part 97, Subparts AAA 

through HHH. 

The final rules will be submitted to the U.S. Environmental Protection Agency as 

a revision to the SIP. 

That concludes my statements on the proposed rule revisions. 

Prepared by: Teresa Walker and Steve Kish 

July 2, 2007 

' 
E.1. 2011-029 EQ, Notice of Public Hearing, dated November 1, 2012. 

E.2. 2011-029 EQ, Newspaper Publication Affidavits, dated October 1 and 2, 

2012, and October 9, 2012, and Newspaper Publication Tear Sheets, dated 

September 30, 2012, and October 1, 2012. 

E.3. 2005-036 EQ, Notice of Public Hearing, dated July 19, 2007. 

E.4. 2005-036 EQ, Comments, dated July 18 and 19, 2007. 

E.5. 2005-036 EQ, Newspaper Affidavits, dated June 11, 2007, and July 6, 2007. 

E.6. Notices of Public Comment and Hearing appearing in the December 2, 

2013, issue of the DEQ Environmental Calendar, regarding removal of Wayne 

County Ordinance and Variance from SIP. 

E.1. 2011-029 EQ, Notice of Public Hearing, dated November 1, 2012. 

I 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

NOTICE Of PUBLIC HEARING 

The Michigan Deparlment of Environmental Quality (MPEQ), Air Qualify Division, will conduct a publio 

comment period and hearing on proposod admlnlslratlvo rules promulgated pursuant to Parl65, Air 

Pollullon Conlrol, of tho Natural Resources and Environmental Proleollon Aol, 1094 PA 451, as 

amondod (NREPA) for the following rule revisions: 

(ORR 2011-029 EQ) Parl4. Emission llmitallons and Prohibitions· Sulfur Bearing Compounds. Modify 

exlsllng language in R 330.1401 (Rule 401), R 336.1402 (Rule 402), R 336.1404 (Rule 404), R 336.1407 

(Rule 407), and R 336.1420 (Rule 420). There are miner revisions to Rules 401, 402, 404, and 4071o 

correct deficiencies ldenlilled by the Unlled States Environmental Protection Agoncy (U.S. EPA). 

Effective January 31, 2008, the Air Quality Divlolon (AQD) promulgated revisions and additions to 

the Part 4 Rules and submitted them to U.S. EPA as a rovlslon to Michigan's State lmplemenlotion Plan 

(SIP) under tho foderot Clean Air Acl. Rule 420 will be revised lo address changes that U.S. EPA 

requested In lha SIP lor tho Clean Air lnterslate Rules. 

(ORR 2012·017 EQ) Part 9. Emission llmllatlons and Prohlblllons- Mlscollanoous. Modify existing 

language In R 336.1902 (Rule 902); rescind R 336.1933 (Rule 933); and propose new rules R 

336.1946 (Rulo 946), R 336.1949 (Rule 949), and R 336.1950 (Rule 950). Rules 902, 946, 949 and 

950 aro adopting by rotoronco National Emission Standards for Hazardous Air Pollutants (NESHAPs) lor 

oloctrio aro furnaces, Iron and steel foundries and other non.rerrous foundries. Rula 0331s being 

rescinded because !hero ore no alfeoted units In tho state. ~ 

The public hearing will be held on Thursday, Novembor 1, 2012 at 10:00 a.m. In the Lillian Hatcher 

conference room, Constltullon Hall, 3'' floor north, 626 Allegan Street, Lansing, Michigan. 

Copies of lhe proposed rules (ORR 2011·029 EQ and 2012·017 EQ) con bo downloaded from the 

Internet through the Office of Rogulatory Relnvonllon at: htlp:h'wiM.mlchlgan.gov/orr. Copies of the 

rules may also bo obtained by conlactlng tile Lansing office al: 

Air Quality Division 

Michigan Department of Environmental Qualify 

P.O. Box 30260 

Lansing, Michigan 46909· 7760 

Phono: 617·373-7069 

Fax: 617·335-4729 

E-Mail: barro1@mlchl9an.gov 

All Interested persons are Invited to attond and prosont their vlows. It Is roquested thai allstelemenls be 

submttled In wrillng for tho hearing record. Anyono unable to attend may submit comments In writing to 

tho addross above. Written comments must be received by 5:00p.m .. Thursday, Novembor 1. 2012. 

Persons needing accommodations for orrootlvo participation In tho mooting should contact the Air 

Quality Division at 517·373·7069 one woek In advanco to roquosl mobility, visual, hearing, or othor 

asslslanco. 

This nolle& or public hearing Is given In accordance with Sections 41 and 42 of Michigan's Admlnlslralive 

Procedures Act, 1969 PA 306, Michigan Compllod Laws (MCL) 24.241 and 24.242. Admlnlslrotlon of 

the rules Is by authority conferred on the Director of the MOEQ by Section 6512 of NREPA, MCL 

324.5512. Those rules will becomo efloctlvo Immediately alter Ollng with tho Secretary of State. 
E.2. 2011-029 EQ, Newspaper Publication Affidavits, dated October 1 and 2, 2012, and October 9, 

2012, and Newspaper Publication Tear Sheets, dated September 30, 2012, and October 1, 2012. 

AFFIDAVIT 01' PUBliCATION 

LSJMEDIA 

120 Eastlenawee,lan.sing 48919 

Stale of Michigan, County of Ingham 

IN THE MATTER OF; NOTICE 

DEPT OF ENVIRONMENTAL QUAlllY 

NOTICE OF PliBUC flf.AA.INO D£PAII:JMtNJ Or fNVIROimnm.t 

· OlfAliTY 

AIRQUAl!TYI'lJVISION 

The Mtclllp.u Crt)'artme-111 ol £ny;r«11MI'lbl 

QJalft;' (M:(l}, All QU~I)' DMsloo, will t(lll• 

clv:l 1. p!M",o commMt pet!Qd ~lid 1turloo 

Oflj:!(opMt:d admitll$lllth'f ~~ p~!t· 

~d Pi! IS !lUll l!t Put$$, All J\XM~II Cotlir«, 

of !ha H~lural ReUI'Jml bnd En'rirOIVIWif~l 

Oolng dvfy sworn, says lhal h&'sho Is authorized by tho pub:llshet of 

lallslng State Jourm:ll, lo swear that a certain not/co, a copy of 

which Is annexed hero to, was pubflshed In tho following pubrteaOOn: 

rtOIWion Mt, 1m PA ut, 6l AMtMU CAtt.C51) fu tll~ (dlo>.'ltr..g rvll miJ!Ms: 

Air Pllllutlrul CQOtf¢1 R<Jit (ORR lOll.OU tQ} 

PUl4, Etrlur-.11 Llmltati«!S And Ptohrb!t!Ms • S:\llfu1 Bev!~~g l:~wnds), v.iilbcl~ te· v!Jtoot to R .m.mt (~ .COJ~ n m;.uo2 

{R<J!e ~t)n R .)JU*'I (Ru!t .WO. R JJ6.1401 

(Rule 401), and R »s.WO (Atlle 420), 'JMre ace mklor 1t11JJoM to rli-is 401, (01, (o-J, 

sM m to c«rnt dtfkknclis kfrollfled by the lhllted S!li!U l'nvlrtlltnt;'ll41 holttllon MMty (U.s, U'AJ. (fftttfYl! lanuill)' ll, 

20U, I~ Air (lllai'(y Dlvlll«'! (o\Qtl) llrOirnll• ~ted rtvls.!oru ~ addi!IMS Ia the Part 4 RtlftS Md SUMiltted l~trn IO U.S. fPA t$ lJ rtlisl~ to Mltf'llgiD'! Sla.le lmJili>m~IIIUo)rt 

Pl~l'i {S.IP) I.IMtr tlre ltdtnl Cltan Air At.t. Jtul~ 00 Will ~ r~'l'fwd to adt!{uJ dur.~~¢$ 

that US, lPA req~~ltd In tht SIP fN I~ 

Clflrl Alf l~ttU!llltRvf~s. 

1. Published In lhe English faJ}gJJage for the dissemination 

ot genoral and/or legaJ news, and 

2. Has a bonfido nst of paying customors or has bo.on 

publlshed alloast once a week In tho samo community 

wlthoutln!euuptlon f01 al roast 2 years, and 

3. Has been established, published and c!rcufated allaast 

onco a week without lntorrupllon for at/eaSt one (1) 

year fn tho community whoro tho flUblfcal/on Is to occur. 

Lan!'ZS~i ::"'f{; 10/112012 

KELLY PAGE f ~·"· Cf-;lf=',"--------~~-~ 

g~~~crn~t}~;N TO ~.~~3'~E ~HIS.....9:\h 

dlw;,_ m ~fA 

LISA M. SHOOLTZ, NOTARY PUBLIC, STATE! Of· 

MICHIGAN, COUNlY OF SHIAWASSEE, MY . 

COMMISSION EXPIRES DECEMBER 12, 2017, ACTING 

IN THE Counly of Ingham 

0001035234·01, 019605 

Aft J)OIMIM C«<lroi!MI (OM 2"012·011 [Q) 

Put~. Vn!Uioo Llmitatkm a,1d PIOhY:IitfOM · Mlst~hnMlU, w~I_IMI~t rtv!Jior.s to R 

ll6.1901, (IM~ i02) i!OO R ll&-19ll (~Je 

9U); and 01m tllfn ft ~Js.a~. ~ m.l949, 

Mld; R JU.ISI* (Rules ~S, 9U 3J1d 95*}. 

Rules 901, ~~S. 949 Md 9;50 are a~tir.g by 

ftfUCIKt Nalklflal [flliUIW! Sl~llikrch fo( 

tlautd®J All P~lallts (liBWIP.slleteltt.• 

trJc am fum~ces, !rOll and st«l klund'du and ot~1 MMtrrCOS f,Uf\d/lu. JN:e Sill 1$ 

btl~lt ruWlded Wu~ H~tt .xe t10 afttd· ~~~~lt~lt\tfltstltt, 

I hi p~bll; ~~In; v.tll bt ~~Jlf on It.£lf~y. 

N9'Yembtt I, 2"0l2 at 10:~1;1 o,m. In ~ tQtan llal(/ltt ("(lnfucnto rOM\ Ccmtllvtfcl'l H"'!!, Jrd 8®r oNtlt, HS Alit~ Stlu.t, lwl<1j), 

Mid~ an. 

C,.,p!u C<f the prOj)Osed rules WI bt 41-~wn• 

lo&ded ff«n tht!nltfllcl at: htlp.:// I'MW.mltN~;lr;ov/&w/~!la~rtM<Irv!eW 

llrp~lolli~Wl-<;Oi'. 'fflelO ru~ C¥1 a!JO 

~ lkwr:loarkd from th~ lrl!trr.U tlvo!IQb tl!4 Olllet ot Rtg~kltwy lltlnvenllon at http;//wwN.mlchl~n.gw/orr. C®ln ollht ru!umay~IJohttOt~d by«ttlhetfno lfle 

lamlnaolf!<eat: 

Alt Quslity PMOO\ Mkhr~Olp.a.tmefi!Of 

£n-vi.o0Mitnl~l Q\la.lit)' 

P.O.~JOl6Q 

lanslil9- !.!lth~M .CS5CN1~0 

l'~nt:5JN7N0~9 

rax.:SIH.js-4129' 

All ln!uesltd pmoM ~4 lmlt~d to att~nd 

and PI'~Hnt tht" \1tws. Ills ttq~sttd that 

111 ilatem~lb be $ubm11ttd In Wilting f« 

the hwf~ mud. NIYMIInaltl~ toa.ttend 

may submfl c~nts h Wilting to the .!d• 

dren al»'lt. Vlritten cemtnti\U m\.151 Jxo tt· 

cefvN by $:00 PJII., nuuday, Jl.welfl~tr 1. JCU, 

Ptuom n«<in~ a.«~mo~tlo-ns for tlftc· 

ll;'t wl~atlon L1 the m~etfnp shOV!d coo· l~tt L'le Alt QttaJitt D;&;!«l at m-37N~ .......... ·- -~----·· .. ······-~ _ .......... ~. 
E.2. 2011-029 EQ, Newspaper Publication Affidavits, dated October 1 and 2, 2012, and October 9, 

2012, and Newspaper Publication Tear Sheets, dated September 30, 2012, and October 1, 2012. 

uat,he&t~,«Clhi:t e .. ur!i::~r. """'''To:' 

this n(){ke o( publ!c ht~r!ng b fll'v~n L1 at• 

~.Into With Sect1oos U ~nd 42: of M!ehl· 

Oi!ll'S Adrnltll$trbi1VI J'r«:tdvru Ad., l~~ 

PA 30$, u uneOOed. berng S«tlons 2tW 

aod .zun (;If lht Mlthlg:.n Comp(fed lam, Admh'llstraUon ol lhe rvf(!.l. Is by alt..hQtlty C(Jafetted WI t~o Oltet!(!r ol the Off/ by s~c· 

t~sm~r 

Ad m and E>:ecl!llvt Ord« No. 2011•1. Thl~t rufttwill bt(ome e:lftcllvc lmn-~la· 

ly llf!u n~tr~~ wtlh th• swot.uyol State. tsJ tolfm Jctt,nou 
E.2. 2011-029 EQ, Newspaper Publication Affidavits, dated October 1 and 2, 2012, and October 9, 

2012, and Newspaper Publication Tear Sheets, dated September 30, 2012, and October 1, 2012. 
E.2. 2011-029 EQ, Newspaper Publication Affidavits, dated October 1 and 2, 2012, and October 9, 

2012, and Newspaper Publication Tear Sheets, dated September 30, 2012, and October 1, 2012. 

The Mining Journal 

Upper Michigan's Largos! Dally Newspaper 

249 W. Washington Sl., P.O. Oox 430, Morquollo, Mlch/gan49966. Phone (906)228·2500. Fax (906)226·3273 

AfFIDAVIT Of PUBLICA T/ON 

STATe OF MICHIGAN 

For lhe Counly of MARQU/lTTE 

In /ho mailer of: Nollce of Public Herulng Mrctdgan Oopar1monl of Envlronmonlal Quality 

Nr QuaUly Division 

Cos/; $130.50 

Slate of MICHIGAN, C<>unly or Marquello ss. 

GERALD NfWHOUSE 

being duly S\Vom, says that he Is 

CIRCULATION MANAGER 

or THE MINING JOURNAL 

n nowspai>or published and circulated In 

saki county and other.vise quafified 

aC<:<>r<l/ng /o Supreme Court Rule; /hal 

annoxed llnrolo fs a printed oopy or a 

nollco which was pubJfshnd In said 

newspaper on tha following da!o, or 

dates, to-wit 

Oc/ober 1, 2012 

o1r£.~-g1v,~~ 

Subscribed amf &.vom lo before me lhls 1s1 day of October, 2012. 

, _u,mrr >{ Aw;( AMYl.BON ' · Nolaty Pubflo ror MarqueUe Counfy, Mlchtgan 

Acllogln lho County ol Marquelfo 

My commission expires: July 3. 2013 

AFFIDAVIT Of PUBLICATION 

!UCI:fVW 

ocr 4 lOll 

Alfl QUAUry DIV. 
E.2. 2011-029 EQ, Newspaper Publication Affidavits, dated October 1 and 2, 2012, and October 9, 

2012, and Newspaper Publication Tear Sheets, dated September 30, 2012, and October 1, 2012. 
E.3. 2005-036 EQ, Notice of Public Hearing, dated July 19, 2007. 

JENN!FEO M. GMNHOLM <;.{:-'IGfii:OA 

I'VOUC IIEA!UNG RECORD 

SrhTF. or MICJliOAH 

DEPARTMENT OF ENVJiiONMEN1AL QUALfTY 

LnlSih'<l 

NO TIC~ OF PUBLIC HEARING 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

DE~ STF.VEN E, CHI!$TF-_A o-~<:C1Cil 

The Michigan Deparlmcnf of envlronmenlel Quamy (DEQ), Air Qualil>• 0/vlslon, wJII conduct a publk IHmring 

on proposed admlnfslreUve ruins promulga!od pursuant to P~r155, Air Pollulion ConlroJ, of !ho Natural 

Resources and Environmenlal Proleotlon Act, 1094 PA 451, as amended (Acl451): R 336.1401, R 336.1401u, 

R 336.1402, R 336.1404/o R 336.1407, and R 336.1420 (Rules 401, 401a, 402, 404·407, and 420). This 

ru!emaklog wm amend R.ules 401 to 407 addressing sulfur dioxldo (S02) cmf!ted In Wayne Counry. ln ad'dJI/on, 

!he DEQ Is proposing lo add Rule 420 fo roduco lwnspotted omissions of S02 from elechlc gonora:tinQ units Hs 

part of the Clean Air ln!Qrstale Rule federal reqtJ/remonts. 

The public hoalino wilf lJe held on July 19,2007, el 10:00 a.m., In lha Brake Conference Room, Consll!ullon 

Hnll, Alrlum Soulh, 525 West Allegan Sir eel, Lansing, Michigan. 

Copies of th_e propo;;ud w!_es (SOAHH 2005-036IEQ) can Qo down~oaded fr<.lftl tho lnlemot.at: 

hllp:/Awm.mlchlgan.gov/deqnfl~ These ru!os can also be dawn!oadad from fua lnt~;~rnollhrough the Slate 

Office of Admlnlsfmlive Hearings and Rules at htlp;/1\W.'w.mlch~gan.gov/orr. Cop!es Qf tho rules may ol~o be 

oblalnod by conlacUng /he Lansing of!lco al: 

Air Quanly Division 

Michigan Depatlmenl of Envlronmenlal Quo lily 

P.O. Box 30260 

Lansing, Mlch!gan48909·7760" 

Phone: 617·373-7045 

Fax: 517·241-7499 

E·Mall: halbelsm@Michlgan.gov 

All Jnleresled parsons are lnvllod loa/lend and prosonl their views. Ills roquasled thai all sla/emenls ba 

submltled in \vrlling for the hearing rocord. Anyone unab!Q lo allend may submll commenls In wrillng to lhQ address above. Written commenfs musl be received by 5:00p.m. on July 19, 2007. 

Persons needing aocommodaUons for effoclive partlclpatfon In the mocting should contact U1~ Air Qua my Division al517-373·7045 one week In advance to request mobR!ty, visual, hearing, or olher asslsltmce. 

This notice of public hearing Is given In accordanCe wllh Seol!ons 41 and 42 of Michigan's Admlnls!ratlve 

Procedures Acl, 1969 PA 306, as amended, being Sec/Ions 24.241 and 24.242 of /he Michigan COmpllorl 

Lows. Admlnlslrallon of lho rules Is by aulhorlty conferred on lho Dlreclor of lho DEQ by Sec/Ions 5503 and 

5512 of Ac/451, baing Seollons 324.5503 and 324.5512 of /he M/ciJigap COmplied Lawc, ami Execu/ive 

Order1095-10. These rules will become offecllve lmmedlaloly afler filing wllh /he Seoreler1 of Slale. 

A:'~~ ~:;;2 G. Vinson flellwig, Chlof 

Air Qualify DMslon 

UOS-036-EQ tC~·iSTllVfrOUH.I,lt • 626Yif$T Attt(V.Il&JOEET • P.O. COX~)((,~ • lAit'llii\'O,MICHIGAN 0!lQ).17{¢ 

lll'l'h¥ffirll~"-~·~~v• (.SIIJ:l7Hm 

PAGE-1 
E.4. 2005-036 EO, Comments, dated July 18 and 19,2007. 

ASPHALT 

PAVEMENT 

Assoc!A1'fON O> 

IY!JCfl/GAN 

Mr. G, VInson Hcrtwlg, Chief 

MDEQ-AQD 

Consutotion Hall, 3rd Floor North 

526 Wesl Allegan 

P.o. a ox: 30260 

lansing, Ml 48909 

PUDLIO HL'AR.f!{G f\I:C:ORD 

A, JOHN DECSRY1 JJ.E. 

BXECUT'I'o'J.i DmP.crQR 

Ru; .. C',mm(;':-Jt~ on Propo~cd Ri.Jles.200S:O~jEQ 

D~ar Mr. H~lf1vlg: 

ANDMW C. Scmnor 

SeCRET MY /TRJMsumiR 

ClWU.ES E. MILLS1 P.B, 

DfRECl'Oll. Op HNOJNilDR.INO 

/hank }'Oil for the Opportunity lo l:Omrnenl on ihe proposed rules for sulfur dloxldo (SO)) that Will 

effect hot mix asphalt p~anls (HMA)ofi9te:tlng In Woyoo County, M!chi~an, wh!ch aro rop:osenltd 

by Uls Asphalt Pavemonl Association of Mlchlj}a.n (APAM). 

APAM has sovllral ocmcerns regarding tho language tn lhe rule and how It would effecl AF!NII's 

members opc:ra\ln,g In Way/"10 County. JIIS; our beJ;ef lho~ UJiless thosa Issues are rcisclved, It-VIlli 

noedlessfy put mem~ers ~~ a C>:m;petmva d/sadvanlaga lo members oporaUng ou\sl::ie 

\o\'ayne County. In gcmm:ll, II appears tha ru!o was wrnten to address boilera ratllor than a variety ol rval firing processos fnc!uOmg, but not l!mlio:l.lo, aggreg?ltt dryers. Th!sls most reac;IUy evident 

In PfOJXlsed Rula ~02, rabte .43 and Rvl& 407 lo whrc.h lha SOt omission concenlrellons aro 

spP.cified *vs. cMe.cled lo 50% twc:ess sfr: Wh!le 60% excess alr Is an. appropJia!e.r.oTreoUon fM .. 

a Mllor; Ills not pppropfln!O (¢r an aggregate dryor. Tho {U'flount of alt tequtred to operate an 

cggregale dryer Is not (:lapertdr:nl on !he uir roqulr~d ror proper combusUon, but on the air 

te:quYed to pfop-oriy dl)' and heat lho pTOducl. 

It has bcon proven lhat HMA plnn!s lnhE!f&nlty control so~ th:ough adsorpll0!1 of ewrega(a dust 

and CO!fi)~Uon Of that SO,rladen duat In lhe plant's fabric nlt(lr e:ol!oclor. Th!s pf<>Ce!s is sfmifar to, 

but has a lower efficlancy than, a lime fn}e.::llon syslem usod ror sol con!fo! o;l a power p~::mt ror 

air permi!Ung purfX!sos, S02. con!f(l/ efflc/enc.fos of <13% when runnlnl) mtxes confaln!ng n:n:)'c!ed 

asphatt pro:iuota and 72% when ruhn!ng vlrgln aggregal~ mixes haw! b~('n astabllshed. 

However, durlr{J recent permll negoUaUons, tho MDEO-AQD slaffwore unwll~ng lo cons!der !he 

proven, lnhcront S0-2 control provldod by HMA plants when considet!ng U1o proposed exemp!lon 

provided by Rule 402(6Xb), bocauso "D conlto/ device was no! ln$/8/lod.~ APAM members have 

bgcn &:Omawhal perploxed by this posi!!on, as bnlh tho power plan! a.nd lhl) HIM plant inslnU a 

fabtk: filter col!!:clor to c.apt~.n<J the adsotbed SO,. At tho time of !he permit ne.gollations, APAM 

members and'fvfDCQ~AQO'sta·wwere nogolt3!1ng will\ regard tO lh€ state lhlp!omont~tcon Plah 

fangvage fn the exlsling Wayne Counl)i Ordinance: howevet, the languug~ pJopos;tild f¢1 

Rule <102 {6)(b) lsldentlc~l to lhe langoa~ In t~i'll ordinenc.e. 

APAM he~> several suggesUons our marnbers believe wo!l.d ser\'o (o clarlf)• the prop::~sed JUles. 

Asi'J-[AL't PAYUMENT AsSOCIATION OF MICHIGAN 

2931 Atrium nm .. ~ I Suite: 202 1 Oket~lO$, htichlt2-n ~886.4 

517-32l~7MO • 1-800-292-5939 • 517-3?.3--65-05 Pu: 

wwv:.:tpa·ln1.org 
. 't'(l". 

E.4. 2005-036 EQ, Comments, dated July 18 and 19, 2007. 

f.1r. G. Vinson H~l!w1g 

Page 2 

July 18, 2007 

f>UDLIC ll"t:AiiiNG RECOnO 

1. ~~~ud() rccyctcd u~cd oil In Table 43. Rufe 402 a !I p.art of lho. row for •·crada /Jnd liea1y oil 

AW.. 4. 6, & 6." 'rhls would help to Clarift Um! the rnax!tnurn su!fUI content {Qf RUO Is 

con-sfslanl for thai ol oils No. 4-6 a\1.0%. 

2. Revise thO w-ord!ng fn Rule 402 (Q)(b) lo allow for prcco:;sos !hal lnhtuently oonlto! S01 to 

takfl advanfege of lhlS oxe:nplion if thoy so Ch:-J-ose. For thQ fore~eeab!a future, APAM 

mt'lmb(lfS v/.11 J.l!<oly ba 2.b!O lo opera!ft econom!cally viilh fue,ls at a mnx!mum 5ulf(Jf etmlent of 

1.0% Mid lha exempli on provided by subrulo (6)(b) will b6 urmecessary tor mo!lt members. 

H:m-ever, t!S fuel wsls Incre-ase, APAM mombars m:;;y vt.sh to lncteaso the flcx1bll1ty In the 

fuels !he:y are authorized to burn by apjl!yiwd for p.crmlls to move from 'fab!o 43 to a 

s!lo·spe.:::Jfic fimlt fuel !lml!, based on HMA plata's Inherent $0} control. 

~. APAM belJ.(J\'~s: tho concontrnUon l!stcd rn Ru!e 40'l(a) shvuld 00 ra1snd to 400 parts per 

rn'll'on (ppm) cvMii>lt:!nLwilh tho conconL•atlon Jfslod for ''Cruda tmd fJewy o!l Nos. 4, 5, & (J' 

i~ TaJ!e _ .. q. The current. CO[l~ef!l!alto~ <>f J~O pp-m app~~r~ _to bs a rcmn.Uil! from !he; cl~ 

Wayne CounlJ' Ordinance In which the maxlmtW\ sulfur content In 'critde ami Jwrwyo/r-\·:~13 

rsted os- 0.7%. As lhe fuel sulfur Hm!t ln.Ta'Jie43 hM been ralsod {o 1.0%, the concentmlton 

tlmU In sulmllo (n) shou:d also bo !ncrcaslld. The ooncenl(atlofl& for sulrurlo acld (lfld ~ulrtJr 

ttl:>xkie sOOukJ also be adjusted conslslonUy with lho ne·.v $01 OQ:tcenlr.!llbn. 

4. APAM recommends p;ovlslons be adde-d to R;ula <tO?(a) to Go! a s!le·.::opectfi~ fval sulfur limit 

as a part of a permit rovlow, rather !Mn a st~ck gas conccntratton corre~ted to 50% excess 

air. Thls s!!c·tpecinc sutlur llm!l woul:t be based on the SOt control inherent lnlhe pro~e-ss, 

end woukt tG-sutt In a shnplor comp!kmca dete1minaUoo for both the MUEQ·AQD and 

APAM members. 

Thank you again fot the opp.ottunUy to conmlenl onlhi;!SO proposed re{lulat!ona. Plefis~ contar.-t me ot our environment consu!lailt, Mr. Da\1d Ycnochko or Fishb-eck. Thompson, Carr & Huber, 

lno. (rTG&H) al24B·324·2121 lfYoll,have tmy questions tegatdir.glhose Co')mmenl&. 

Rcspec:tU!Jy, 

A.(f;{!:!:?__-

Execull\•a Dlrector 

Aspha!tPavt~ment Assoclalbn of M.!clllgan 

517·323-7800 

cc: Mr. Oav!d M. Ytm(t:::hko, P.E.- FTC&.H 
E.4. 2005-036 EQ, Comments, dated July 18 and 19, 2007. 

PUOUO.!ISAR-!NO liE CORD 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 5 

Teresa WAlker 

Air QuaJily Division 

17 WEST JACKSON BOULEVARD 

CHICAGO, IL 60604·3590 

JUL· L,9 2007 · 

Michigon Department of Environmental Quality 

P.O. Box 30260 

L•nslng, Michigan 48909-7760 

Dear Ms. Walker: 

(AR-18J) 

Th:~nk you for the opporf1mj(y fo.conune;~\-Oll 11~ propor.~:ltegulillions to address the C!onn Air. 

Jnlcrstn!e Rule (CAlR) State Implementation Plan (SIP) requirements, We appreciate this 

oppoliunit)' attd the 1ili1c you have taken to discuss these proposedrcguln!ions with us. We have 

found these diseu::siOJJS use-ful to provide our opinions as well as gain n beUer undCistanding of 

the provisions found in the proposed rcgulalions, 

RegioJl 5 may have ndUiUonol comments alter rovfowing the revised langungc nnd lhe 

supplementaltetiU1ieal support nullcrinls which have not yet been submitled for review. We 

look forwa{d to conlilming ·working wHh the Mkhig_an Department ofEnvirotuucntal Qua lily 

towards a fully opprovt1ble CAm SIP for U1e Stale of Michigan, If you hflVC A.h)' questions 

concellling lhe Region's comments, ple.DSe feel free to contact me. 

Siucetcly, 

o-~~~~ Douglas Aburru10 

Bnvitorunonlal Engineer 

Critcrin Pollutant Section 
E.4. 2005-036 EQ, Comments, dated July 18 and 19, 2007. 

PVfll.tC ftEAll.IIIO ttECORO 

Comme.nts on Miclllgan CAIR S02 Rc.gul;ltion.~ 

1. Rule 4?.0(l)(b) defines "CAIR sulfur dioxide permit". We believe U1'ii! tl1is should be 

''CAm pcm1it" which is already defined in 40 CFR 97.202 •. Since you nre adopting 1l1e 

provisions of 40 Cfi'R 97.202 it is unnecessary for }'OU lo include ti.Jis de.finilion. We 

recommend you deJ.IcRulc 420(1)(b). 

2. Rule 420(1 )(c) defines "Michigllll EGUs11, We believe this definition is aJs:o not 

nt..'CC~$i!I)' and should be llclelcd, 

3. Rule 420(2)(b) cunenlly adopts tht: S02 opt·fll provisions 40 CFR 9"/,281 ~288, this 

should be expanded to include 40 CFR 97.280-288. 

4. Rule 420(2)(b) should nlso be expanded to include the pcnnitting CA1R S02 pcrmitling 

requircnleufs . found . by udopling 

. . 40 CER..97,Z20·Z2·t . Th\~ will bG. used in Rule 420{3). . . . . . 5. Rule 42.0(3-) readS", "Michigan EO Us are required lo apply for and receive a CAIR sulfur 

dioxide pcnnil.n Thls should be ~hanged to, '~flach CATR S02 sourceJ flS defined In 40 

CFR 97.202, is required !O apply for a CAIR penni! in accordanco wi!h 40 CFR 97.220· 

224. 11 This change will be consistent wilh conuncnls 11 2, 3 and 4. 

PAOE tol 
E.5. 2005-036 EQ, Newspaper Affidavits, dated June 11, 2007, and July 6, 2007. 

MARQllliTTF. MINING JOURNAL 

·'' ' i •••• 
E.5. 2005-036 EQ, Newspaper Affidavits, dated June 11, 2007, and July 6, 2007. 

AFFIDAVIT OF PUBLICATION 

COMMUNITY NEWSPAPERS, INC. 

120 B. Lenawee. 

loosing, Ml 48919 

Slate ofMichigan1 County Qf lngham 

PUliLIO HEAR/NO. RECORD 

I ' IN THE MA'J1'ER OF: NOTICE 

~., MIC!iJOAN DEPT Ol1ENVIR. QUALITY 

ANN LYON 

Bchl"g duly sworn~ says- that he/she is authorized by lha publishor-ofL:msing 

cerinin n~tice1 n copy of which Js amloxcd here to; was pub1lshe-d in lhe 

1. Published 1n the English Jongungc for rhc di'ssomiuQtiOn of 

2. HRs a bontldc list (){paying customers or hits been pulblishe<l 

same communlty wllhout fnterru_plion for nlleas! 2 reors, end 

3. Hns been cstablished1 published and circuhl!ed ?.( Ieos! once ll 

for at least one (1} yenr in the comnmJJity wh~re the publication . 

LANSING STATE JOURNAL 

SUBSCRU3ED AND SWORN TO BBFORB Mil TfllS 6TH 

DAY OF JULY, 2007 

CARRI!l A. SA VAGI! 

NOT MY PUBUC, Sl'A'fl! OF MICHIGAN, COUNTY OF EATON 

MY COMMISSION EXPIRES: SEPTEMBER 4, 2007 

ACl1NO lN 'fBl! COUNTY OF EATON 

LSI· 6.8 

200S.03tjl.lQ 

~ .... 
PUBUC 1-!EA.?JNG RECORD 

Co- ofOald.nd 

STATE OF MIO!!GAN, l ss. 

-·--·· 

E{J:t.Mi~[~jg_L._ ..... -bcin;, <My w;orn, Cepose :and say:s that I am l.be __ ..Le,l :Rep.·-·~· ____ of 

THE OAKLA,'ID PRESS ,anewspoperpriated>nd cim:lalal dol1y in Ool:land Co<m!y, Miohigan .,d 62l: l held snob 

~<>~~the publica.ti® of:tllenotice he::etci 2.0.0¢Xed; 

that a c.otr.oeof ----····-····~··----... - ... ·--·-·-- -·----····------Public Notic~-·······----.:..--.. ..:..-:of which the :annexed notice is .2tlnle copy~ V.?.S published in the saidmhND J>RESS ..... _. ____ ........... --. 

_ . ···--·---···- jmmydbte1yp:cccding.the /J;of .... _ ..tlmthe~o:e4prmtedcopyofs::bd.ti.O'tice 

was ta.l:en from til< said newspa~. 

"That~'~,;, of pubhc:UHJD .. o~ r·. "o7 said aot:ce v.-er I.U/.l.e.... .f.~--... - ..... 

·----

.. ·-·--. -----........... ~--.............. _["" _____ _ ami further dc:pOtlcnt ~yetb. no · ~if f)/)} 

s!)~t;;i-~d;.~~-;·~b"-;;:eis·:~:Ia:~;f 

:::::=:==:::::::=:::::~~20::.::::::· 

NOTARY ?UBUC, OA.K:.AND".COUNIY. MICHIGAN 

200~Zt;EQ. 

"'"llWI.~ 

~r.Vl.::'. 

~~"'::lJ~~g:.~W 

vrc::t.17.11SS'l0~ 

tx""r.ES}.b:c~. 3}Ge 

o4. ,;,... ~C;t; 0 d' 
E.6. Notices of Public Comment and Hearing appearing in the December 2, 

2013, issue of the DEQ Environmental Calendar, regarding removal of Wayne 

County Ordinance and Variance from SIP. 

-----~.-· 

ENVIRONMENTAL. CALENDAR ~ g_ecember 2, 2_013 

JANUARY 2, 20H 

JANUARY 2, 2014 

JANUARY G, 2014 

1:00p.m. 

JANUARY 10, 2014 

MiJ!ikin, Plant Manaaer, and Gary Brewar, Plant /.,.!~ag~r. 432 He>asbacl; Road, Mason, Michigan 

49&54. Writen comm~rli.s on the draft ROP, or a re-quest te> hold a p<Jblic h;:aring, ar.; to~ 

submitl;:d lo Brian Culham, Michigan Department of Envlronrnenl31 OL.•a!ity, Air Quality Di-.1sion, 

lansing District Offic;:, Co:~stitution Hall, P.O. Sox 30242, 525 W~l Ni~gan, lansing, J..·lichigan 

4990:1, or lfia &-rna~ to e-u~amO@mkhban.oov by January 2, 2014. The Decision-maker for the 

p~nni: is J..lichael F. Mc-Clellan, L3nsing 01:-lrict Supervisor. If requ;o.st~d in writing by Janu3ry 2, 

2014, a public hearing rr.ay !>£>sche-duled. ln~orm.>tion Con!J.ct: Bri3n Culham, ,Aj; Ou.a.J~y Dl\ision, 

wlhamb@michig:m.qov or 517-2il4-e633. 

DEADLINE FOR PUBLIC COMMENT REGARDING SUBMmAL TO EPA OF WITHDRAWAl OF 

WAYNE COUNTY DEPARTMENT OF HEALTH, AIR QUALITY MANAGEMENT DIVISION 

SULFUR DIOXIDE RUlES FROM THE STATE IMPlEMENTAnON PlAN. The Air Ouali:y 

Division v.m hold a public romment period s~,;ldng input on re••ising the S~t;: lmp!emen~tion P!:m 

to refl;oct the \\1thdr,;,wal of rules of.~tn.;.!t; submi:ted by the Wayn~ County D.::prtr.ent o: H;a~th. 

Air Quality thnagement Divi:sicn in th~ir 1~59 focal ordin.lnces, Article VI, S~cjon 6.3 .:.s amend~d 

by the TQ:91 v.;riance, The Air Quality Division h.?.s previously pron1u!gated rule3 that rep!a:;;,; the 

Wayne County Oep3rtmentof Health, Air Quality !..la.nagement Oi-Jision rules and h,;!d public 

comn;ent on those rul,;s and !heir in ::fusion in the S:ate fmp~~men:atbn P/Jn. This publb com men: 

addresses only the mater of r.;:m-ov.>J ofth; Wayne Countt Oepartrt~nt of Health, Nr Ouali:y 

!..!Jnagem~nt Division rul~ from tfH! Sl.3:e tmp!ementation Pla.n. This public comment peri:xl me-::s 

the pub!io participajon require.ments for a SIJ~e 1m~ em-entation Pla.n submit-.aL r; re.qu-.st-=d by 

J~uary 2. 2lll4, a hearing w:H be held on JanuarJ6, 2014 (se-i! Janu.lf'/6, 2:l14, listing in this 

c;;.!~n~hr}. V.'rf:!en ccmtr.-='nt;; an-d a re.ques!_ta ho!d .1 pubEc hearing aro? to t-i! subrnill€d lo CJri 

DeBruler, MichJasn 0-!!partme-nt of Environmenb(Ouality, Air QualitY Ohisfon, P.O. Be>: 30260, 

lansing, 1;.\ichigan 49Gtld-77{10 or de-brulerc:':imichigan.o~v. lnformatio."l Conllc!: Tr,acey 

McDonald, AirOuali:y Di•'is~:m, mcdonald':<5'mich:gan.qo\'Or 

517-284-6756. 

DEADUNE FOR PUBLIC COMMENT REGARDING CENTRAL SANITARY lANDFill, PIERSON, 

MONTCALM COUNTY, (SRN: N2804), foTthe draft tEnE-l\'.11 of a Renewab!e Op.era:ing Permit 

(RO?J for the operation of a municfpJI sclid waste landfilL The draft permit ls int;:nded to s.1mplity 

and chrify the facii1fs app!iCJ.b!e requireme."l:S and will not result in any air emission changes at 

th~ sta•jonary source. The RO? public oo!iO? docuinenls can be \'i;:wed al 

m.w.d€o.s.tale.mi.u=/aps.. The r~sponsib!e official of the statiomry so>.~r-c:e is Todd H.>rfand, 

Republic Ser.~ces. 21545 West CannonsyiJ!e Road, Pk-rsoo. Michigzm 4£>33fi. ~'fritlen romments 

on th;: draft ROP, or a r-=quest to hold a pubiJ.:: hearinJ, are to be subrnited to Dave Mcxgan, 

Mi-c:higJ.n Department of Environmental Oualitj. Air Qualitj OMsicn, Grand Rapids District 0:'5·:-e. 

3-50 Ot-.awa Avenue NW. Urlt 10, Grand Rapids, Michigan 4B503, or vi.; ~-mJil to 

mormnrl"J.'[-mi·'higan Q?Y by J..;.nu.lrf2, 2J14. The Oe<:isicr,.m3k~r fur the pemill i.;. Hef:li 

Ho!!enb,;.ch, Grand Rapids DiHric<. SuperY.sor. If r~quest<!d in writir,J by January 2, 2014 a puOEchearing mJy be scheduled.lnfom'I-J!ion Contact DavE' Morgan, AirOuJrity Dl<.ision 

moroa.nd2@michioan.go\' or 616-356-0:JO~. 

TENTATIVELY SCHEDULED PUBUC HEARJNG REGARDING SUBMmAL TO EPA OF 

WITHDRAWAl OF WAYNE COUNTY DEPARTMENT OF HEALTH, AIR QUAUTY 

MANAGEMENT DMSION SULFUR DIOXJDE RULES FROM THE STATE IMPLEMENTATION 

PlAN. The JJr Qu.;.!ity Divi=:bn v.ill. if Je-ques~ed, hofd a public hearir.a seeking input on revisind the 

Sta:e lmplemMiation Pl:on to re!lec<. the \\~lhdrawal of rules origina!!y submf:te-d by the: W~yne 

Coun!y Department of Health, Air Ouarrty MJn.3gemen: Di\1sioo in their IQC~ loc.JI ordinJ.nces. 

Article VI, S~c!ion 6.3 .3S Jm~ded by the lf/81 varian~. This hearing is. .. m oppon:unitj for !he 

public to !!):press supPJrt for or conO?ms .;bout the remo'.'al of these rules from th~ Stale 

lmp!eme~lion Pla.n. This public Maring perio:l meets lhe public par"Jdpation requirements fvr a 

State lmp!eme:ntation P!Jn submi:t.ll. If ro:queste:l by Janull)' 2, 2014, a public hearing will be held 

in the Claud Erickson Confer~nce Room, Cons!i:ution Hall, ?° Floor Sotr.h Tower, 525 VV~st 

A11egan StrEet, lansing, Mlchig.lll on Janua_ry 6, 2014, from 1:0[} p.m. t-o 2:30p.m. Thos~ intero;ste-:1 

may contact the Air Quality DNlslon a.t 517-284-6740 after J..;.nuary 2. 20t4, to dr:tamlin~ if a 

he.>ling was requested and wi!! be hekl. lnfo1Tl13tion Contact Tracey McDonald, Air Quality 

DiVision, mcdonaldl~m!ch:oJn.oov or 5 [7·284-6756. 

DRAFT 2014 CLEAN WATER ACT SECTIONS 303(d), 305(b}, AND 3141NTEGRATED REPORT. 

The Michig..tn ~pa.rtment of Emir.:mmental Oualitt {MDEO}, Water R~sources o;vislon eNRD), is 

ao~eptili;i v.ritten romments ~:"l'i£:<!n De:::.=mber 2, 2013, and anuJ_ry 10, 2014, on the dr.>ft W.>tE:f 

12 

F.1. 2011-029 EO, Strikethrough bold version as submitted for approval. 

F.2. 2005-036 EO, Strikethrough bold version as submitted for approval. 

F.3. Combined Strikethrough bold version as submitted for approval. 

F.1. 2011-029 EQ, Strikethrougb bold version as submitted for approval. 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

AIR POLLUTION CONTRDL 

PART 4. EMISSION LIMITATIONS AND PROHIBITIONS-SULFUR BEARING COMPOUNDS 

Filed with the Secretary of State on 

Theise rules becomes effective immediately upon filing with the Secretary of State unless adopted under 

sections 33, 44, or 45a(6) 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 environmental quality by sections 5503 and 5512 of 1994 PA 

451, MCL 324.5503 and 324.5512, and Executive Reorganization Order Neoumbers 1995-1-816, MCL 

324.99903, 2009-31, MCL 324.99919 and 2011-1, MCL 324. 99921) 

R 336.1401, R 336.1401a, R 336.1402, R 336.1407 and R 336.1420 of the Michigan Administrath•e 

Code are amended, to read as follows: 

R 336.1401 Emission of sulfur dioxide fi·om power plants. 

Rule 40 I. (I) In a power plant, it is unlawflll fol' a person to burn fuel that does not comply with the sulf\Jr- . 

content limitation of table 41 or which, when burned, results in sulfur dioxide (S02) emissions exceeding 

an equivalent emission rate as shown in table 41. In a power plant located in Wayne county, it is unlawful 

for a person to b1m1 fuel that does not comply with the sulfur content limitation of table 42 and unlawful to 

cause or permit a discharge into the atmosphere from fuel-burning equipment sulfur dieKifle S02 in excess 

of the Sll!fuH!i6*We-S02 concentration limit shown in table 42. 

(2) Tables 41 and 42 read as follows: 

TABLE41 

Fue an d S~l lfi ., <hmade S02 eEm•sswn lL. mutatwns . f, or fuel-& m:eflt-p ower Plants 

Maximum Equivalent eEmission rRates 

aAverage Parts per mMillion by vVolume Pounds of salfur dial< ide S02 Plant Capacity<•) sSulfur (ppmv) eComcted to 50% per mMillion Btu ofhlleat 

eContent in eExcess aAifL'l ilnputl<l fFuel(b.<) Solid fFueJl'i Liquid fFueJl'l Solid fFueJl'i Liquid (Percent by (12,000 Btllflb) (18,000 Btu/lb) (12,000 fFueJ<'l 

wWeight) Btu/lb) (18,000 

Btu/! b) 

0-500,000 lbs sSteam per 1.5 890 630 2.5 1.67 

hHour ~Plant eCapacity 

Greater than 500,000 lbs 1.0 590 420 1.67 I. II 

sSteam per hllour pPlant 

eCapacit:y 

(a) The total steam production capacity of all coal- and oil-buming equipment in a power plant as of August 17, 

1971. 

(b) "Maximum average sulfur content in fuel" means the average sulfur content in all fuels burned at any I tiroe in a 

power plant. The sulfur content shall be calculated on the basis of'l2;000·'Btu·per-pound for solid fuels and"l8,000 

Btu per pound for liquid fuels. Th&<leterminatie&<>f salfur eentent (pereent by weight) ef fuel shall be eatTiea eHt iH 

aeeeraan<*Wi'c e te the 8 ""'*' 

(c) Solid fuels include both pulverized coal and all other coal. 

(d) Liquid fuels include distillate oil (No. I and No.2), heavy oil (No.4, No.5, and No.6), and cmde oil. 
F.1. 2011-029,EQ,.Strike\hrough bold version .. as. submitted for approval. 

(e) A person shall sample, analyze, calculate, and record for each day of operation for each unit at the power 

plant, the sulfur content of the fuel com busted or the fuel's equivalent SO, emission rate in accordance with 

as-fired fuel sampling and analysis procedures found in appendix A of 40 CFR part 60; in particular the 

"Standat·d Test Methods for Sulfur in Petroleum Products:" ASTM Dl29-0l, D1266-98, or D1552-0l and the 

"Standard Test Methods for Total Sulfur in the Analysis of Coal and Coke:" ASTM D3177-89 or D4239-02; 

as referenced in 40 C.F;R. part·60;17, adopted by reffl'ence in R 336.1802a. Records shall be kept, including 

the identification of the power plant, days of operation, and maximum sulfur content of fuel com busted for 

each day of operation. Records shall be maintained on site for 5 years and submitted to the department upon 

written request. 

TABLE 42 

Fuel and sulfur 8imd8e-S02 eConcentration !Limitations for fuel-burning-e<JHipmenf-Power Plants 

!Located in Wayne eCounty 

Maximum wWeight pPercent S02 ppmv eEmission FRates e-Corrected 

Fuel !Type sSulfur eContent in 1Fuel1

' & bl to 50% eExcess aAir (b) 

!Limitations for fFuel-aBuming 

eEquipment ------ Pulverized eCoal 1.00 550 

Other eCoal 0.75 420 - Distillate eOil Nos. I & 2 0.30 120 

Used eOil 1.00 3001

" 

.Cmde and hHeavy eOil Nos, 1.00 400 

4, 5, &6 " ' '· 

(a) The-<letermina!ien-ef.sllifur-ooHtent (pereeA! by weight) effuekhall he earriee aut in aeeerdanee v1ith a 

pmeedure-aeeeptal>le te the depaFlmellh"Maximum weight percent sulfur content in fuel" means the 

maximum weight percent sulfur content in all fuels burned at anti time in a power plant. 

(b) Reoonlkeeping neeessary te aemenstrate eempliaAee witfHhe-requirements afthis rule and eamplianee 

tesling-inusf-be eaneueted with a freqHeney aRe in a maruler-aeeeptahle te the depaFlment. A person shall 

sample, analyze, calculate, and record for each day of operation for each unit at the power plant, the 

sulfur content of the fuel com busted and the fuel's equivalent S02 emission rate in accordance with asfired fuel sampling and analysis procedures found in appendix A of 40 CFR part 60; in particular the 

"Standard Test Methods for Sulfur in Petroleum Products:" ASTM DJ29-0l, D1266-98, or Dl552-0l and 

the "Standard Test Methods for Total Sulfur in the Analysis of Coal and Coke:" ASTM D3177-89 or 

D4239-02; as referenced in 40 C.F.R. pa1·t 60.17, adopted by reference in R 336.1802a. Records shall be 

kept, including the identification of the power plant, days of operation, and maximum sulfur content of 

fuel com busted for each day of operation. Records shall be maintained on site for 5 years and submitted to 

the department upon written request. 

(e) A eertain degree ofeontrel weula he required te meet thi£-limit if 1.0% sultilr fuel is usee in lieu of0.75% 

snlfuf-fuel-wltieh-musf-be-<leeumeatea aRe aemoAstratea in a mafl!ler-a '" . 

(3) The use of fuels having sulfur eontents-as-sef-ferth in table 41 aRe table 42 shall-net-allew-degradalien 

in the mass rate ofpartieulate emissions, unless otherwise autilerizee hy th<HiepaF!menbT!le-8epartment · 

may require souree emission tests wllieh may be perfeiTAee by, er under-the-supervision of, the depaFlment 

at the expense of the owaers aad may reljllire-the-suemissiea efreperts to tlle-<lepaFlmenf-heth-hefere-and 

after ehanges are made in the sulfur eentent-ill-fueh 

(3)(4) The following provisions apply to persons in Wa)Ole county: 

(a) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment provisions 

oftable 42 of this mle shall not apply to any person who uses a combination of fuels in such ratios as to 

meet the sulfur eieKiee S02 concentration limitations specified in table42 and·has obtained 1witten .. 

approval from the department for this exemption. The allowable concentration limit will be based on the 

value in the table for the fuel having the higher allowable concentration limit. 

(b) The maximum weight percent sulfur content in fuel limitations for fuel-buming equipment provisions 

oftable 42 ofthis rule shall not apply to any person who has received an installation permit from the 

department on a control device to desulfurize the stack gases and the control device is installed and 

operating properly. 

. 
F.1. 2011-029 EQ, Strikethrough bold version as submitted for approvak 

(4) Instead of conducting daily as-fired fuel sampling and analysis pursuant to subrule (2) ofthis 

rule1 a person at any power plant equipped with a 802 continuous emissions monitoring system 

(CEMS) may compute and record the daily equivalent emission rates as determined by the S02 

CEMS. The SO, CEMS shall be calibrated, maintained, and operated in accordance with the 

procedures in 40 CFR 60.13(d), (e), (f), and {h) and in performance specification 2, appendix B of 40 

CFR part 60 or 40 CFR part 75 excluding the data substitution outlined in subpart ·D, adopted by"· 

reference in R 336.1802a. Records shall be maintained on site for 5 years and submitted to the 

department upon written request. 

R 336.140 Ia Defmitions. 

Rule 40 I a. As used in this part: 

(a) "Power plane' means a single shucture devoted to steam or electric generation, or both, and may 

contain multiple boilers. 

(b) "Sulfur recovery plant" means any plant that recovers elemental sulfhr fi·om any gas stream. 

(c) "Used oil" means any fuel that is produced from used oil, as defined in R 299.9109(p). 

R 336.1402 Emission of sulfur di<>*iee-S02 from f\Jel-buming equipment at a stationary source other than 

power plants. 

Rule 402. {l) For At-a fuel burning equipment at a stationary source other than a power plant it is 

unlawful for a person to cause or allow the emission of sulfur eie>dee S02 from the combustion of any coal 

or oil fuel in excess of 1.7 pounds per million Btu of heat input for oil fuel or in excess of2.4 pounds per 

million Btu of heat input for coal fuel. 

(2)The provisions of"ubrule{l-) ofthis mle do-not apply to a -fuel-burning<Oquipment at a stationary 

source that is unable to comply with the specified emission limits because of sulfur diexide S02 emissions 

caused by the presence of sulfur in other raw materials charged to the ft!Cl-buming equipment-seurc-e. This 

exception shall apply if at any time the actual sulfuf-<lie>d<le--S02 emission rate exceeds the expected 

theoretical sulfur diexide S02 emission rate from fuel burning. The expected theoretical sulfur dieJdde S02 

emission rate shall be based on the quantity of fuel burned and the average sulfur content of the fuel. 

(3) For At-a fuel burning equipment at a stationary source located in Wayoe county other than a power 

plant, it is unlawful for a person to burn fuel that does not comply with the sulfiu· content limitation of table 

43 and unlawful to cause or allow a discharge into the atmosphere from a- fuel burning equipment seuroe 

sf sulfur dieJdee-S02 in excess of the sulfur diexide SO, concentration limit shown in table 43. 

( 4) Table 43 reads as follows: 

Table 43 

Fuel and sulfuH!iMi<le-S02 eConcentration!Limitations for fFuell>Btuning Equipment(<) at a Stationary 

sSources !Located in Wayne eCounty at a seuree eOther than a pPower pPiants 

Fuei!Type Maximum wWeight pPercent S02 ppmv eEmission rRates 

sSulfur eContent in fFuel(' b) eCorrected to 50% eExcess 

!Limitations for fFuel-l>Buming a Air• 

eEquipment 

Coal 0.75 420 .. Distillate eOil Nos. I & 2 0.30 120 

Used eOil 1.0 300 

Cmde and hHeavy a Oil Nos. 1.00 400 

4, 5, & 6 

(a) The determination of sulfur content (percent by weight) of fuel shall be canied out in accordance 

with a preeedure aeeeplaele le lhe-<lep- the "Standard Test Methods for Sulfur in Petroleum 

Products:" ASTM Dl29-0l, D1266-98, or D1552-01 and the "Standard Test Methods for Total .. 

Sulfur in the Analysis of Coal and Coke:" ASTM D3177-89 or D4239-02; as referenced in 40 

C.F.R. part 60.17 adopted by reference in R 336.1802a. 

(b) Reoof<lkeeping neeessary te demenstmte eemplianee with the re~uirements-<>fthis rule and 

eempliane<>-testing must ae eendueted with a lfequeney and-in a malliler aeeeptaale-te-!he-<lepaflment, 

Records shall be kept, including the identification of the fuel buming equipment, days of 

operation, and maximum sulfur content of fuel com busted for each day of operation. Records 
F.1. 2011-029 EO, Strikethrough bold version as submi!Ject.for. appro.vaL, 

shall be maintained on site for 5 years and submitted to the department upon written request. 

(c) A eertain degree efeentrel weuld be required te meet this limit if 1.9% sulfur fuel is ased in lieu 

ef9.7§% sulfur fuel whieh m:ISt lle deeumented and demef!Strated in a mall!ler aeeeptaale te the 

deJla-ffit.-For table 43, fuel burning equipment includes residential and commercial space and 

water heating. The maximum weight percent sulfur content in fuel and SO, ppmv emission rate 

limitations for distillate, crude, and heavy oils listed above also a ly to these units. 

(§) The use ef.fuels having sulfur eentenP.l-as-set ferth in ta!Jie 4.>-5hall-Bet allew degradatien in the mass 

rate efpartieulate-emissiens, unless otherwise authorized by the depa-ent. The depa-enH!lay require 

seuree emissie!HesP.l-wltieh may be perfe>med !Jy, er-umler the supervision ef, the depa-ent at-the 

eKpense efthe e•n11ers and may require the su!Jmissien-efreperts te the depa-ent beth aefere and after 

ehanges are made in-the sulfur eentent-in-fueh 

(5)(61 The following provisions apply to persons in Wa)O>e county: 

(a) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment provisions 

of table 43 of this rule shall not apply to a person who uses a combination of fuels in such ratios as to meet 

the sulfur aimiide-SO, concentration limitations specified in table 43 and has obtained written approval 

from the department for this exemption. The allowable concentration limit will be based on the value in the 

table for the fuel having the higher allowable concentration limit. 

(b) The maximum weight percent sulfur content in fuel limitations for fuel-buming equipment provisions 

of table 43 of this rule sl.Jallnot apply to a person who has received an installation permit from the 

department for a control device to desulfurize the stack gases and the control device is installed and 

operating properly. 

R 336.1404 Emission of sulfur dieKide S02 and sulfuric acid mist from sulfuric acid pl~nts. 

Rule 404. (1) It is tmlawful for a person to cause or allow the emission of sulfuric acid mist from any 

sulfuric acid plant in excess of 0.50 pounds per ton of acid produced, the production being expressed as 

100% sulfuric acid. 

(2) It is unlawful for a person in Wa)O>e connty to cause or allow sulfur aiexiae S02 emissions into the 

atmosphere from any sulfuric acid plant to exceed 6.5 pounds per ton of acid produced. 

(3) Compliance with this mle shall be demonstrated using a preeeaure aeeepta!Jie !e the aepartmeHt 40 

C.F.R part 60, appendix A, reference test method no. 8, adopted by reference in R 336.2004(1){1). 

R 336.1407. Sulfur compound emissions from somces located within Wa)O>e county and not previously 

specified. 

Rule 407. Both of the following apply to process and fuel bunting equipment at a stationary sources 

located within Wa)O>e county to which the provisions ofR 336.1401 toR 336.1406 do not apply. 

(a) A person shall not cause or allow the emission into the atmosphere gases with a concentration of sulfur 

dieKide S02 greater than 300 parts per million by volume, which shall be corrected to 50% excess air. 

(b) A person shall not cause or allow the emission into the atmosphere gases with a concentration of 

sulfuric acid or sulfur trioxide or a combination thereof greater than 15 milligrams per cubic meter, which 

shall be corrected to 50% excess air. 

R 336.1420. Applicability detenninations, defmitions, and permitting requirements under CAIR sulfur 

diexi~S02 trading program. 

Rule 420. (1) As used in this rule, "CAIR" means clean air interstate rule. 

(2) The provisions of 40 C.F.R. §97.202, §97.220 to §97.224 and the -apprepfiate opt-in provisions of 40 

C.F.R. §97.280 to §97.288 (:wll&-2011) are adopted by reference in this rule and are applicable to these 

rules. Copies of 40 C.F.R. §97.202, §97.220 to §97.224, and §97.280 to §97.288 are available for 

inspection and purchase at 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 this 

rule of$+G.OO $76.00. Copies may be also obtained from the Superintendent of Documents, U.S. 

Government Printing Office, P.O. Box 3719§4, PittsiJurgh, Pennsylvania 1§259 79§4, 732 North Capitol 

Street, NW, Washington, DC 20401, by calling 1-866-512-1800 or by accessing their online bookstore 
F.1. 2011-029 EQ, Strikethrough bold version as submitted for approval." 

1;·.. at.http;//boo)<.<tore.gpo.goy at a cost as pfthe time ohdoptio.n p.fthis n!lQ of&@,!t{lj($66.00)Sf-<li.Hile 

Unitea States gevennnent printing effiee intemet-well site at v,ww.aeeess.gpe.gev. The standards can be 

viewed and/or printed free of charge at http;//ecfr.gpoaccess.gov. 

(3) Each CAIR sulfur aiffifiee-S02 source, as defined in 40 C.F.R. §97.202 is required to apply for a 

CAIR permit in accordance with 40 C.F.R. §97.220 to §97.224. This pennit shall be administered in · 

accordance with the procedural requirements ofR 336.1214 and shall be incorporated into the facility's 

renewable operating permii as an attachment. 
i-.2. 2005-036 EO, Strikethrough bold .. vers-ion as -submitted for approval. , .... 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

AIR POLLUTION CONTROL 

Filed with the Secretary of State on 

This rule becomes 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 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512, and 

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

- R 336.1401, R 336. '1402, and R-336.1404 of the Michigan Administrative Code 

are amended, and R 336.1401a, R 336.1405, R 336.1406, R 336.1407, and 

R 336.1420 are added to the Code as follows: 

PART 4. EMISSION LIMITATIONS AND PROHIBITIONSSULFUR-BEARING COMPOUNDS 

R 336.1401 Emission of sulfur dioxide from power plants. 

Rule 401. (1) In a power plant, it is unlawful for a person to burn fuel that does 

not comply with the sulfur content limitation of table 41 or which, when burned, 

results in sulfur dioxide emissions exceeding an equivalent emission rate as 

shown in table 41. 42, unless all of the following conditions are met In a power 

. plant located in Wayne county, it is unlawful for a person to burn fuel that 

does not comply with the sulfur content limitation of table 42 and unlawful 

to cause or permit a discharge into the atmosphere from fuel-burning 

equipment sulfur dioxide in excess of the· sulfur dioxide concentration limit 

shown in table 42. (a) The source of fuei-Surning is not subject to federal 

emission standards fer new stationary sources. 

(b) An installation permit, if required by part 2, was approved by the 

department before /\ugust 17, 1971. 

(e) The user furnishes evidence that the fuel burning does not create, or 

contribute to, an ambient level of sulfur dioxide in excess of the ar:>plioable 

ambient air quality standards. The evideFtoe shall consist of air quality data or 

stack dispersion calculations, or both, satisfactory to the department. 

(d) The user is operating in compliance with a voluntary agreement, order, 

stipulation, or variaflee-frem-!J:le departmeffi. 
,, 

F.2. 2005.-036 .EQ,, Strikethrough bold version as submitted.for-.appr.ovaL . 

(2) Notwithstanding the-flrovision&-Bf..s1olbrule-{1) of this rule, an exoeption...from 

the limitations of table 41 shall not be permitted after January 1, 1980, unless 

speoifio authorization is gran~e!th 

(3) A person responsible for operation of a sou roe that, on the-effeottve date of 

!He 1973 amendment to this rule or for any .. antioipated time in the future, is or will. 

be using fuel with a sulfur oontent in exoess of that allowed to be burned on July 

1, 1978, as liste€1--iR-lable 41, or whioh, on suoh effeotive date or any arltisif*itod 

time in the future, is or will be-emitting sulfur dioxide in exoess of the equivalent 

emission foF-lflat-fuel, as shown in table 42, shall submit to the-GOfiaflmonkl 

written program for oomfl"liaRoe with this rule-within 60 days after suoh effeotive 

date. This requirement does not apply to a sou roe for whish the department has 

approved an exception to table 41 .under the provisions of subrule (1) of this-ful&.-

(4) The program required by subrule (3) of this rule shall in elude the method 

by whioh oomplianee-sRall-be aohieved, a oomplete-GesoriptioA-Of-Aew equipmeffi 

to-be installed or modifioations to existing equipment to be made, and a timetable 

wRioh speoifies, at a mif!imum, all-Bf-the following dates: 

(a) The-date equipment shall-be-ordered. 

(b) The date oonstruotion or modifioation of equipment shall begi&. 

-{ej-+J:le date in itial-s!affilft-Bt-et~Hipment=..JJa.ll...b~i&. 

. - (d) The date emissions shall be reduoedto levels shovm in tables 41 and 42. 

(5) The department may allow-af!Y-Souroe that is required to submit a 

oomplianoe program under sub rule (3) of this rule an extension to the 

programmod-somplianoe date, if all of the follmving oonditioR&-afO-FfleF. 

-{a) The sou roe of fuel burnin§-is-Rot subjeot to federal emission standards for 

new stationary sou roes. 

(b) /\n installation permit, if required by part 2, was approved by-#le 

department before-l\lJgust 17, 1971. 

(e) The user furnishes satisfaetory-evidenoe to the department that the fuel 

blJming does not oreate or oontriblJte to an ambient level of sulfur dioxWe-in 

exoess of the-applicable ambient air quality standards. 

(6) A person shall not oausD-OfiJermit the burning of fuel in any fuel burning 

etjllipment that results in an-a-verage-omissioA-Of sulfur dioxide for any oalendar 

month at a rate greater than was emitted by that fuel burning equipment for the 

corresponding oalendar month of the year 1970, unless otherwise authorized by 

tl=le departmonh 

--f?r-The--use-of fuels having sulfur oontents as set forth in this rule shall not 

allow degradation in the mass rate of partiwlate emission, unless otherwise 

authorized by-#!e department. The department may require sou roe emission 

tests whioh may be performed by, or under thD-SlJpervision of, the department at 

the expense of the owners and may require the submission of reports to the 

department both before and after ohanges are made in tlie sulfur content in fuel. 

~(2) Tables 41 and 42 read as follows: 
F.2. 2005-036 EO. Strikethrough bold version as submitted for approval. . 

TABLE 41 

Sulfur in fuel limitations fur fuel burning equipment 

Plant eaj3a6ityW4QGQ..lb&. 

Sffiam per hoUf 

Mal«mum sulfur content in fuel(!>) 

Percent by weighl 

July 1,1975 

0-BGG 

Over 5GG 

F ue an 

M 

4k 

July1,1978 

4k 

-'hG 

d If d' 'd 

TABLE 41 

su ur IOXI e emiSSIOn r 1m1 ·t a r 1ons f or f ue I b urnmg eqwpmen 

Maximum Equivalent emission rates 

t 

average Parts per million by Pounds of sulfur Plant Capacity(•) sulfur volume (ppmv) corrected dioxide per million Btu 

content in to 50% excess air of heat input fuel(b) Solid fuel 1

c1 Liquid fuel 1

" 1 Solid Liquid Percent (12,000 (18,000 fuel(c) fuel(d) 

. • - _f>y weight. Btullb) . . B.tu/lb) . . .(12,000 - . (18,000 .. 

Stull b) Stull b) 

0-500,000 lbs steam 1.5 890 630 2.5 1.67 

per hour plant 

capacity 

Greater than 500,000 1.0 590 420 1.67 1.11 

lbs steam per hour 

plant capacity . 

(a) The total steam production capacity ofalf coal: and oil-burning equipment in 

a power plant as of August 17, 1971. 

(b) "Maximum average sulfur content in fuel" means the average sulfur content 

in all fuels burned at any 1 time in a power plant. The sulfur content shall be 

calculated on the basis of 12,000 Btu per pound for solid fuels and 18,000 Btu per 

pound for liquid fuels. The determination of sulfur content (percent by weight) of 

fuel shall be carried out in accordance with a procedure acceptable to the 

department. 

(c) Solid fuels include both pulverized coal and'alf'other coal.· 

(d) Liquid fuels include distillate oil (No. 1 and No. 2), heavy oil (No. 4, No. 5, and 

No. 6), and crude oil. 

TABLE 42 

IO'n• ,;.,~'en! emission rates 

%Sulfur in Parts per million I:Jy VBltlffle Poo!ias of sulfur aimdEl6-f3ef 

fuels© cerrecteEl to 50% e)(eess air ;u; rHo ,f ~ ,, · ,, 

&elia fuel1

<3j Liquia fuel(ej Selia fuel(ej Liquia fuel(ej I 1 "> ()()() D'" /lh \ 11 o """ o'"""' '1 "> ()()() D,, /Jhl 1_1 Q ('1(\(\_Qf, llh \ 

' ' ' ' 
F.2. 2005-036 EQ, Strikethrough bold version as submitted for.approval. . ., 

(a) For the purpose of this rule, "plant eapaeity" is defined as the-leta I steam· .. 

production eapaeity of all eoal and oil burning equipment in a power plant as of 

AHgust 17, 1971. A "power plant" is defined as a single structure devoted to 

steam or eleetrie generation, or both, and may eontain multiple boilers. 

(b) "Maximum sulfur eontent in fuel" is defiAed as the average sulfur eontent in 

all fuels burned at any-ene time in a pmver plant. The-sulfuf-eontent shall be 

ealeulated on the basis of 12,000 Btu per pound for solia-fuels and 18,000 Btu 

per pound-fef-liquid fuels. 

(e) The determination of sulfur eontent (pereent by weight) of fuel shall be 

eaffied out in aeeordanee with a procedure aeeeptable to the-Eiepartmeflh 

~-Solid fuels--iJ:leluae-both--jwlverized-wal and all other eoal. 

(e) Liquid fuels in elude distillate oil (No. 1 and No. 2), heavy oil (No. 4, No. 5, 

and No. 6), and erude oihTABLE 42 .•. 

~'.. . . Fuel and sulfur dioxid<~ concentration limitations for fuel burning 

equipment located in Wayne county 

Fuel type 

Maximum weight percent 

sulfur content in fuel!•l 

so2 ppmv emission rates 

corrected to 50% excess air!bl 

limitations for fuel-burning 

equipment 

Pulverized coal 1.00 550 

Other coal 0.75 420 

Distillate oil Nos. 1 & 2 0.30 120 

Waste and used oil 1.0 3001c1 

Crude and heavy oil 1.00 400 

Nos. 4, 5, & 6 

(a) The determination of sulfur content (percent by weight) of fuel shall be carried out 

in accordance with a procedure acceptable to the department. 

(b) Recordkeeping necessary to demonstrate compliance with the requirements of this 

rule and compliance testing must be conducted with a frequency and in a manner 

acceptable to the department. 

(c) A certain degree of control would be required to meet this limit if 1.0% sulfur fuel is 

used in lieu of 0.75% sulfur fuel which must be documented and demonstrated in a 

manner acceptable to the department. 

(3) The use of fuels having sulfur contents as set forth in table 41 and 

table 42 shall not allow degradation in the mass rate ofR;l.rticulate 

emissions, unless otherwise authorized by the department. The department 

may require source emission tests which may be performed by, or under 

the supervision of, the department at the expense of the owners and may 

require the submission of reports to the department both before and after 

changes are made in the sulfur content in fuel. 
F.2. 2005,036 EO, Strikethrouqh bold version ;;~s submitted for approval. 

(4) The following provisions apply to persons in Wayne county: 

(a) The maximum weight percent sulfur content in fuel limitations for 

fuel-burning equipment provisions of table 42 of this rule shall not apply to 

any person who uses a combination of fuels in such ratios as to meet the 

sulfur dioxide concentration limitations specified in table 42 and has 

obtained written approval from the department for this exemption. The 

allowable concentration limit will be based on the value in the table for the 

fuel having the higher allowable concentration limit. 

(b) The maximum weight percent sulfur content in fuel limitations for 

fuel-burning equipment provisions of table 42 of this rule shall not apply to 

any person who has received an installation permit from the department on 

a control device to desulfurize the stack gases and the control device is 

installed and operating properly. 

R 336.1401a Definitions. 

Rule 401a. As used in this part: 

(a) "Power plant" means a single structure devoted to steam or electric 

generation, or both, and may contain multiple boilers. 

(b) "Sulfur recovery plant" mNlllS any plant that recovers elemental 

sulfu.drom any gas stream·; " · · · · · · · · · · · · 

R 336.1402 Emission of sulfur dioxide from fuel-burning sources other than 

power plants. 

Rule 402. (1) Except as provided in rule 401 and subrule (2), At a fuel 

burning source other than a power plant after January 1, 1981, it is unlawful 

for a person to cause or allow the emission of sulfur dioxide from the combustion 

of any coal or oil fuel in excess of 1. 7 pounds per million BWs Btu of heat input 

for oil fuel or in excess of 2.4 pounds per million BWs Btu of heat input for coal 

fuel. 

(2) The provisions of !Ais-rule-subrule (1) of this rule do not apply to a fuelburning source that is unable to comply with the specified emission limits 

because of sulfur dioxide emissions caused by the presence of sulfur in other 

raw materials charged to the fuel-burning source. This exception shall apply if at 

any time the actual sulfur dioxide emission rate exceeds the expected theoretical 

sulfur dioxide emission rate from fuel burning. The expected theoretical sulfur 

dioxide emission rate shail be based on the qliamity of fuel burned and the · 

average sulfur content of the fuel. 

(3) At a fuel burning source located in Wayne county other than a power 

plant, it is unlawful for a person to burn fuel that does not comply with the 

sulfur content limitation of table 43 and unlawful to cause or allow a 

discharge into the atmosphere from a fuel burning source of sulfur dioxide 

in excess of the sulfur dioxide concentration limit shown in table 43. 

(4) Table 43 reads as follows: 

Table 43 

Fuel and sulfur dioxide concentration limitations for fuel burning sources 
F.2. 2005-036 EQ, Strikethrough bold version as submitted for approval. . 

located in Wayne county at a source other than power plants 

Fuel type Maximum weight S02 ppmv emission 

percent sulfur content rates corrected to 50% 

in fuel(a) limitations for excess airCbl 

fuel-burning equipment 

Coal 0.75 420 

Distillate oil Nos. 1 & 2 0.30 120 

Waste and used oil 1.0 3QQICJ 

Crude and heavy oil 1.00 400 

Nos. 4, 5, & 6 

(a) The determination of sulfur content (percent by weight) of fuel shall be 

carried out in accordance with a procedure acceptable to the department. 

(b) Recordkeeping necessary to demonstrate compliance with the requirements 

of this rule and compliance testing must be conducted with a frequency and in a 

manner acceptable to the department. 

(c) A certain degree of control would be required to meet this limit if 1.0% sulfur 

fuel is used in lieu of 0.75% sulfur fuel which must be documented and 

demonstrated in a manner acceptable to the department. 

-'!11' 

· (5) The use of fuels having sulfur contents as set forth in table 43 shall 

not allow degradation in the mass rate of particulate emissions, unless 

otherwise authorized by the department. The department may require 

source emission tests which may be performed by, or under the 

supervision of, the department at the expense of the owners and may· 

require the submission of reports to the department both before and after 

changes are made in the sulfur content in fuel. 

(6) The following provisions apply to persons in Wayne county: 

(a) The maximum weight percent sulfur content in fuel limitations for 

fuel-burning equipment provisions of table 43 of this rule shall not apply to 

a person who uses a combination of fuels in such ratios as to meet the 

sulfur dioxide concentration limitations specified in table 43 and has 

obtained written approval from the department for this exemption. The 

allowable concentration limit will be based on the value in the table for the 

fuel having the higher allowable concentration limit. 

(b) The maximum weight percent sulfur content in fuel limitations for 

fuel-burning equipment provisions of table 43 of this rule shall not apply fo 

a person who has received an installation permit from the department for a 

control device to desulfurize the stack gases and the control device is 

installed and operating properly. 

R 336.1404 Emission of sulfur dioxide and sulfuric acid mist from sulfuric acid 

plants. 

Rule 404. (1) After July 1, 1 98G,It is unlawful for a person to cause or allow the 

emission of sulfuric acid mist from any sulfuric acid plant in excess of o:so 

pounds per ton of acid produced, the production being expressed as 100% 

FI2SG4 sulfuric acid. 
'I 

" 

F.2. 2005-036 EQ, Strikethr.o.ugh bald. version as submittedJor approval. 

(2) It is unlawful for a person in Wayne county to cause or allow sulfur 

dioxide emissions into the atmosphere from any sulfuric acid plant to 

exceed 6.5 pounds per ton of acid produced. 

(3) Compliance with this limit rule shall be demonstrated using reference test 

method 8 a procedure acceptable to the department. 

R 336.1405 Emissions from sulfur recovery plants located within Wayne 

county. 

Rule 405. At sulfur recovery plants located in Wayne county, a person 

shall not cause or allow the emission into the atmosphere of sulfur dioxide, 

sulfur trioxide, or sulfuric acid from any such sulfur recovery plant to 

exceed 0.01 pounds per pound of sulfur produced. 

R 336.1406 Hydrogen sulfide emissions from facilities located within 

Wayne county. 

Rule 406. (1) A person in Wayne county shall not cause or allow the 

combustion of any refinery process gas stream that contains hydrogen 

sulfide in a concentration of greater than 100 grains per 100 cubic feet of 

gas without removal of th~f1ydrogen sulfide in excess of this 

con'centration'. . · ·· ·. ' · •· • · · ·. · ·· · . · · · · · .... · · 

(2) When the odor of hydrogen sulfide is found to exist beyond the 

property line of a source, a person in Wayne county shall not cause or 

allow the concentration of hydrogen sulfide to exceed 0.005 parts per 

million by volume for a maximum period of 2 minutes. 

R 336.1407. Sulfur compound emissions from sources located within 

Wayne county and not previously specified. 

Rule 407. Both of the following apply to process and fuel burning 

sources located within Wayne county to which the provisions of R 336.1401 

toR 336.1406 do not apply. 

(a) A person shall not cause or allow the emission into the atmosphere 

gases with a concentration of sulfur dioxide greater than 300 parts per 

million by volume, which shall be corrected to 50% excess air. 

(b) A person shall not cause or allow the emission into the atmosphere 

gases with a concentration of sulfuric acid or sulfur trioxide or a 

combination thereof greater than 15 milligrams per cubic.meter1 which 

shall be corrected to 50% excess air. 

R 336.1420. Applicability determinations, definitions, and permitting 

requirements under CAIR sulfur dioxide trading program. 

Rule 420. (1) As used in this rule, "CAIR" means clean air interstate rule. 

(2) The provisions of 40 C.F.R. §97.202, §97.220 to §97.224 and the · 

appropriate opt-in provisions of 40 C.F.R. §97.280 to §97.288 (2006) are 

adopted by reference in this rule and are applicable to these rules. Copies 

of 40 C.F.R. §§97.202, §97.220 to §97.224 and 97.280 to §97.288 are 

available for inspection and purchase at the Department of Environmental 

Quality, Air Quality Division, 525 West Allegan Street, P .0. Box 30260, 
" ' 

1="2. 2005-036 EQ, Strikethrough bold version as"submitted for approval. .., , " 

Lansing, Michigan 48909-7760, at a cost as of the time of adoption of this 

rule of $70.00. Copies may also be obtained from the Superintendent of 

Do.9uments, Government Printing Office, P.O. Box 371954, Pittsburgh, 

" Pe6nsylvania 1!i25Q-7954,_qt<\ Go~ta1'l oftlw.time of adoption of this rule of " " 

$60.00; or on the United States government printing office internet web site 

at www.access.gpo.gov. 

(3) Each CAIR sulfur dioxide source, as defined in 40 C.F.R. §97.202 is 

required to apply for a CAIR permit in accordance with 40 C.F.R. §97.220 to 

§97.224. This permit shall be administered in accordance with the 

procedural requirements of R 336.1214 and shall be incorporated into the 

facility's renewable operating permit as an attachment. 
F.3. C.ornbined Strikethrough bold version·a.s.submitted,for approval, ... • 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

AIR POLLUTION CONTROL 

PART 4. EMISSION LIMITATIONS AND PROHIBITIONS-SULFUR BEARING COMPOUNDS 

Filed with the Secretary of State on 

This rule becomes effective immediately upon filing with the Secretary of State unless adopted under 

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

after filing with the Secretary of State. 

(By authority confetred on the director of enviromnental quality by sections 5503 and 5512 of 1994 PA 

451, MCL 324.5503 and 324.5512, and Executive Reorganization Order Ne,umbers 1995·+S16, MCL 

324.99903,2009-31, MCL 324.99919 and 2011-1, MCL 324. 99921) 

R 336.1401, R 336.1401a, R 336.1402, R 336.1407 and R 336.1420 of the Michigan Administratil•e 

Code are amended, to read as follows: 

R 336.140 I Emission of sulfur dioxide limn power plants. 

Rule 401. (I) In a power plant, it is unlawful for a person to bum fuel that does not comply with the sulfur 

content limitation of table 41 or which, when bumed, results in sulfur dioxide (S02) emissions exceeding 

an equivalent emission rate as shown in table 41.42;-lmless all efthe fellewing eendiliens are met! Irl a. 

power plant located in Wayne county, it is unlawful for a person to burn fuel that does hot comply 

with the sulfur content limitation of table 42 and unlawful to cause or permit a discharge into the 

atmosphere from fuel-buming equipment SO, in excess of the SO, concentration limit shown in table 

42. 

(a) The seuree af l'u~eH<Jbject te federal emission-standards fer new statianary senrees. 

(e) An installation permit, if required ey part 2, was apprevecl-lw<he-t!epartment-befere August 17, · 

+97+, 

(c) The user fumishes eviaenee that the fuel euming aees net ereate, eF-OOn!rieute ta, an amhient level 

ekulfur aie1dde in exeess of4e-applieable-ameient air ~uality standards. The eviaenee shall eonsist efaiF 

~uali!y-<laHH>r-staelH!isjlefSion-c-aleulaliens,er-beth, satisfaetel)' te the department, 

(cl) The-!lser-is-Bperating in eemplianee with a Yeluntary-agreement,eraer, stip:rlalien,er varianee lfem 

the aepartmentc 

(2) Notwithstanding the previsions ofsuerule (I) efthis rule, an exc-eptien fl·em the-limitations of table 

41 shall net ae jlmmittea after Jawaary l, l98G, unless specil1e autherii<alien is granted ey the-department, 

(3) A persen-respensiele fer eperatien efa souree that, en the effeetive elate efthe 1973 ameuclment-te 

this rule er feHIH)'-flnlieipatea time in the future, is er will be asiag fHel·witka sulfur eontenrilrexeess ·ef 

that-allewea te be a:rrued en-July I, 1978, as listed in table 41, er whieh, on sueh effeetive date er-any 

anticipated time in the--future, is er will be emittil1g sulfur dioxide in e1wess efthe e~uil'alent emissiea fer 

that fuel, as shevm in table 42, shall submit te the department a v.~ilttlfl-J'regram fur eemplianee with this 

mle within 6G days afteHHeh effeetive elate. This re~uirement <lees-net apply te a seuree fer whieh the 

department has approved an e"eeptien te table 41 under the pravisiens efsuerule (I) efthis rule. 

(4) The program re~uirea by suerule (3) of this rule shall in<>hl<le-#le-methea by whieh cemplianee shall 

00-aehieve<l, a complete <leseriptien efnew equipment-te-be instaltecl er'moail1ealiens te e"isting 

e~uipment ta lle-ma<le, ana a timetable whieh speeifies, at a minimum, all ef the fellewing elates: 

(a) The date e~uipment shall be enlerea. 

---€h)-The elate eenstruetieJH>r-mediflealieJH>f.equipment shall begin. 

(e) The elate initial startup ef equipment shallllegin. 

(d) The <late emissions shall be reaueea te leYels shewn in tallies 41 an~ 
F.3. Combined Strikethrough. b0ld version as submitted for approval. 

(5) The aepatiment may allew any seuree-tltat is re~nirea te submit a eemplian'*i'regra!lHHla€f 

suamle (3) efthis mle an eKtensien te the pregraHll!lea eemplianee Elate, if all ef.th&-fellewing-oonffitiens 

are met: 

(a) The seHree ef fuel burning is net subjeet te-fetleral emission stanaaras feHlew-sl<!tienary-seurees. 

(a) An installation permit, ifre~uirea ay pari 2, was apprevea ay the-<lepaflmelli-l>efere AHgust 17, 

+97+. 

(e) The-HSef-furnishes satisfuetery eviaenee te the aepa-en!-lhat the fuel atHlling aees net ereate er 

eell!Fioote-t<Hl!Hlmbient-level-ef..mlftlHii""-i<!e-in-<"'"ess efthe applieaale ambient air ~uality stanclarcls. 

(6) A person shall net eaHse er penni! the bHming ef fuel in any fuel llllflli~uipment that resnlts in 

an average emission ef sHifur aimda&-ffiHny-<>alenaar mentlr at a rate greater than-was emittea by that fuelbuming e~uipment fer the eerrespenaing ealenaar menth ef the year 1970,-unless-etherwise a:.therizea ay 

the aepaflment. 

(7) The use effuels having sulfHF eentents as set fef!h in this rule shall net allew aegraaatien in the 

mass rate ef.paflieulate emission, llllless otherwise autherire<!-&y-the aepaflment. The aepartment may 

re~nire seuree-emissien tests whieh may ae perfennea by, eH!naerthe supervision ef, the department at 

the elipense efthe owners ana may re~nire the submission efrepefls-t&{he-<lepa-ent-l>eth-aefere ana 

after ehanges are maae in the sulfur eentent in fuel. 

(2) Tables 41 and 42 read as follows: 

Plant eapaeityl•) 1 000 Ills. 

Stearn per heur 

TABLE41 

Ma>dmum sulfur eentent in fueJll>i 

Pereent ay 'Neight 

JH!y+,-1-9'/-5 

2,{) 

.J-.-5 

Fuel and 802 Emission Limitations for Power Plants 

Maximum Equivalent Emission Rates 

Average Parts per Million by Volume 

Plant Capacity(•) Sulfur (ppmv) Corrected to 50% Excess 

Content in Airt•i 

Fuel(b,<) Solid Fuel1'i Liquid Fuel''1 

(Percent by (12,000 Btu/lb) (18,000 Btu/lb) Weight) 

0-500,000 lbs Steam per 1.5 890 630 

Hour Plant Capacity 

Greater than 500,000 lbs 1.0 590 .420 

Steam per Hour Plant 

Capacity 

Pounds of S02 per Million 

Btu of Heat Input(•) 

Solid Fuel''1 Liquid 

(12,000 Fuel(dJ 

Btullb) (18,000 

Btullb) 

2.5 1.67 

1.6? 1.11 

(a) The total steam production capacity of all coal- and oil-burning equipment in a power plant as of August 

17, 1971. 

(b) "Maximum average sulfur content in fuel" means the average sulfur content in all fuels burned at any 1 

time in a power plant. The sulfur content shall be calculated on the basis of 12,000 Btu per pound for solid 

fuels and 18,000 Btu per pound for liquid fuels. """ ' 

(c) Solid fuels include both pulverized coal and all other coal. 

(d) Liquid fuels include distillate oil (No. 1 and No.2), heavy oil (No. 4 No.5 and No.6), and crude oil. 

(e) A person shall sample, analyze, calculate and record for each day of operation for each unit at the power 

plant, the sulfur content of the fuel combusted or the fuel's equivalent S02 emission rate in accordance with 

as-fired fuel sampling and analysis procedures found in appendix A of 40 CFR part 60; in particular the 

"Standard Test Methods for Sulfur in Petroleum Products:" ASTM D129-01, D1266-98, or D1552-01 and the 
F "3. Combined Strikethrough bold version. as submitted for approvaL 

"Standard Test Methods for Total Sulfur in the Analysis of Coal and Coke:" ASTM 03177-89 or· D4239-02; 

as referenced in 40 C.F.R. part 60.17, adopted by reference in R 336.1802a. Records shall be kept, including 

the identification of the power plant, days of operation, and maximum sulfur content of fuel com busted for 

each day of operation. Records shall be maintained on site for 5 years and submitted to the department upon 

written request. 

TABLE42 n" .L 

%--Slllfuf--ifr.fuels" Parts per million by volume eerreetea to Pemuls efsulfur aiexiae ~er mi!li<>&Bm 

§9% eJ<eess air . .n , 

Selia fuel bi<jllid-4\!el"' Seli4-fuel'"' biqHiG-fuel,., 

E1~,999 Btu'l!l) fj-8,{)99 BtulJb) E1~,999 Btu%) E! 8,999 Btu'lb) 

+.\) m 4W +.6+ +.++ 

g 89() 6W b§{l +.6+ 

;h{) +;+80 841) ~ ~ 

fa) Fof-llle-purpese of this rule, "plant wpaeity" is aefiHe&as-tbe total steam ~roauetion eapaeity ef.all 

~nd-eil-bumillg equipment in a pmver plant as of August 17, 1971. A "power plan!''-i!Hlelinea as a 

single-ffiruerure-devetea to steam or eleetrie generation, or beth, ana may contain multiple beilers, 

Ee) "MaKimunHulfureentoot ill fuel" is aelinea as the average sulfur content in all fuels-ffirmea at any 

ooe-time ill a pewer-plant.-+he-sulfur eentent shall be ealeulatea en the basis of 1~,99()-Btu-per-peunMer 

selid-fuels-im~1a fer li'!ui4-fuel& 

~~T~"' detff·minatkm-ef sulfur eon tent B>e-lit-hy·v.'<>igh~}·af ltlekhafl..be-oorrJOO-ellt· in-ac-ooffiane<>-wi!ll 

a proeea<!fe-a€€€j>!able--te--the aepartmen!-c 

fa) Solie fuels ineluae-hethiJulverizea eoal ana all ether eoal. 

~ Liquia fuels ineluae aistillate-ei!-ENo. I and No.~), hea•,T oil (No. 4, No. §,ana No. 6), ana emde oil. 

Fuel and S02 Concentration Limitations for Plants Located in Wayne County 

Maximum Weight Percent Sulfur S02 ppmv Emission Rates Corrected 

Fuel Type Content in Fuel(a & b) Limitations to 50% Excess Air (b) 

for Fuei-Burnin2 Equipment 

Pulverized Coal 1.00 550 - Other Coal 0.75 420 

Distillate Oil Nos. 1 & 2 0.30 120 

Used Oil 1.00 300 

Crude and Heavy Oil Nos. 1.00 400 

4, 5, & 6 

(a) "1\faximum weight percent sulfur content in fuel" means the maximum weight percent sulfur content 

in all fuels burned at any 1 time in a power plant. 

(b) A person shall sample, analyze, calculate, and record for each day of operation for each unit at the 

power plant, the sulfur content of the fuel combusted and the fuel's equivalent S02 emission rate in 

accordance with as-fired fuel sampling and analysis procedures found in appendix· A·of 40 CFR part 60; 

in particular the "Standard Test Methods for Sulfur in Petroleum Products:" ASTM Dl29-01, 01266-98, 

or D1552-01 and the "Standard Test Methods for Total Sulfur in the Analysis of Coal and Coke:" ASTM 

D3177-89 or D4239-02; as referenced in 40 C.F.R. part 60.17, adopted by reference in R 336.1802a. 

Records shall be kept, including the identification of the power plant, days of operation, and maximum 

sulfur content of fuel com busted for each day of operation. Records shall be maintained on site for 5 years 

and submitted to the department upon written request. 

(3) The following provisions apply to persons in Wayne county: 

(a) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment 

provisions of table 42 of this rule shall not apply to any person who uses a combination of fuels in 

such ratios as to meet the S02 concentration limitations specified in table 42 and has obtained written 

approval from the department for this exemption. The allowable concentration limit will be based on 

the value in the table for the fuel having the higher allowable concentration limit. 
F.3. Combined Strikethrough bold.version as submitted. for approval.. 

(b) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment 

provisions of table 42 of this rule shall not apply to any person who has received an installation 

permit from the department on a control device to desulfurize the stack gases and the control device 

is installed and operating properly. 

( 4) Instead of conducting daily as-fired fuel sampling and analysis pursuant to subrule (2) of this 

rule, a person at any power plant equipped with a S02 continuous emissions monitoring system 

(CEMS) may compute and· record· the daily equivalent emission rates as·ctetermined by the S02' · 

CEMS. The S02 CEMS shall be calibrated, maintained and operated in accordance with the 

procedures set forth in 40 CFR 60.13(d), (e), (1), and (h) and in performance specification 2, appendix 

B of 40 CFR part 60 or 40 CFR part 75 excluding the data substitution outlined in subpart D, 

adopted by reference in R 336.1802a. Records shall be maintained on site for 5 years and submitted 

to the department upon written request. 

R 336.1401a Definitions, 

Rule 401a. As used in this part: 

(a) 11Powcr plant 11 means a single structure devoted to steam or electric generation, or both, and 

may contain multiple boilers. 

(b) "Sulfur recovery plant" means any plant that recovers elemental sulfur from any gas stream, 

(c) "Used oil" means any fuel that is produced from used oil, as defined iu R 299.9109(p). 

R 336.1402 Emission of Slllfuf-<liffiade-S02 from fuel-burning equipment at a stationary source other than 

power plants. 

,; Rule 402. (I) E"eept as previaea iH-mle-40+-uHd-s!tbrule-(~ For fuel burning equipment at a 

"· . . stationary source other than a power plant aller...Jatlill!fJ'""J,-l9M it is unlawful for a person to eause or. 

allow the emission of SlllfuHlit>J<lde-S02 from the combustion of any coal or oil 1\Iel in excess of I. 7 

pounds per million BhHl-Btu of heat input for oil fuel or in excess of2.4 pounds per million Bht's-Btu of 

heat input for coal fuel. 

(2) The provisions oftltis-rule subrule (1) of this rule do not apply to a fuel-bi1roing equipment at a 

stationary source that is unable to comply with the specified emission limits because of sulfur.dl<>xiae 

S02 emissions caused by the presence of sulfurin other raw materials charged to the filel-buroing· 

equipment-wllf£e. This exception shall apply if at any time the actual s"lfur aiexiae-S02 emission rate 

exceeds the expected theoretical sulfur eiexiae so, emission rate from fuel burning. The expected 

theoretical sulfur ait>J<lde-S02 emission rate shall be based on the quantity offuel burned and the average 

sulfur content of the fuel. 

(3) For fuel burning equipment at a stationary source located in Wayne county other than a power 

plant, it is unlawful for a person to burn fuel that does not comply with the sulfur content limitation 

of table 43 and unlawful to cause or allow a discharge into the atmosphere from fuel burning 

equipment S02 in excess of the S02 concentration limit shown in table 43, 

(4) Table 43 reads as follows: 

Table 43 

Fuel and SO, Concentration Limitations for Fuel Burning Equipment<'> at a Stationary Sources 

Located in Wavne Count\' Other than a Power Plant 

Fuel Type Maximum Weight Percent S02 ppmv Emission Rates 

Sulfur Content in Fud'• b) Corrected to 50% Excess 

Limitations for Fuel-Burning Air' 

Equipment 

Coal 0.75 420 

Distillate Oil Nos. 1 & 2 0.30 120 

Used Oil 1.0 300- ·. 

Crude and Heavy Oil Nos. 4, 1.00 400 

5,& 6 

(a) The determination of sulfur content (percent by weight) of fuel shall be carried out in 

accordance with the "Standard Test Methods for Sulfut· in Petroleum Products:" ASTM D129-

01, D1266-98, or 01552-01 and the "Standard Test Methods for Total Sulfur in the Analysis of 

Coal and Coke:" ASTM D3177-89 or D4239-02; as referenced in 40 C.F.R. pat·t 60.17 adopted 

' .I. 
F.3. Combined Strikethrouqh.l:>old version as submittedJor approvaL 

by reference in R 336.1802a. 

(b) Records shall be kept, including the identification of the fuel buming equipment, days of 

operation, and maximum sulfur content of fuel combusted for each day of OReration, Records 

shall be maintained on site for 5 years and submitted to the department upon written request. 

(c) For table 43, fuel burning equipment includes residential and commercial space and water 

heating. The maximum weight pe1·cent sulfur content in fuel and S02 ppmv emission rate 

limitations for distillate, crude, and heavy oils listed above also apply to these units. 

(5) The following provisions apply to persons in Wayne county: 

(a) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment 

provisions of table 43 of this rule shall not apply to a person who uses a combination of fuels in such 

ratios as to meet the S02 concentration limitations specified in table 43 and has obtained written 

approval from the department for this exemption. The allowable concentration limit will be based on 

the value in the table for the fuel having the higher allowable concentration limit. 

(b) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment 

pi'Ovisions of table 43 of this rule shall not ~pply to a person who has received an installation permit 

from the department for a control device to desulfurize the stack gases and the control device is 

installed and operating properly. 

R 336:1404 Emission of so; and ·sulfuric acid niis1 from sul.fi>ric·acid plants. " 

Rule 404. (1) Aller July l, l98G,;!-It is unlawful for a person to cause or allow the emission of sulf\lric acid 

mist from any sulfmic acid plant in excess of 0.50. pounds per ton of acid produced, the production being 

expressed as 100% H;,SG4 sulfuric acid. 

(2) It is unlawful for a person in Wayne county to cause or allow SO, emissions into the atmosphere 

from any sulfuric acid plant to exceed 6.5 pounds per ton of acid produced, 

(3) Compliance with this limt! rule shall be demonstrated using 40 C.F.R part 60, appendix A, reference 

test method no. 8, adopted by reference in R 336.2004(1)(1). 

R 336.1405 Emissions from sulfur recovery plants located within ·Wayne· county. 

Rule 405. At sulfur recovery plants located in Wayne county, a person shall not cause or allow 

the emission into the atmosphere of sulfur dioxide, sulfur trioxide, or sulfuric acid from any such 

sulfur recovery plant to exceed 0.01 pounds per pound of sulfur produced. 

R 336.1406 Hydrogen sulfide emissions from facilities located within Wayne county. 

Rule 406, (l) A person in Wayne county shall not cause or allow the combustion of any refinery 

process gas stream that contains hydrogen sulfide in a concentration of greater than 100 grains per 

100 cubic feet of gas without removal of the hydrogen sulfide in excess of this concentration. 

(2) When the odor ofhydrogen sulfid·e is found to exist beyond the property line of a source, a 

person in Wayne county shall not cause o.· allow·tl'e concentration of hydrogen sulfide to exceed 

0.005 parts per million by volume for a maximum period of2 minutes. 

R 336.1407. Sulfur compound emissions from sources located within Wayne county and not 

previously specified. 

Rule 407. Both of the following apply to process and fuel burning equipment at a stationary sources 

located within Wayne county to which the pi'Ovisions of R 336.1401 toR 336.1406 do not apply. 

(a) A person shall not cause or allow the emission into tire atmos!flrere gases with" a ·concentration of'· · 

SO, greater than 300 parts per million by \'olume, which shall be corrected to 50% excess air. 

(b) A person shall not cause or allow the emission into the atmosphere gases with a concentration of 

sulfuric acid or sulfur trioxide or a combination thereof greater than 15 milligrams per cubic meter, 

which shall be corrected to 50% excess air. 
j 

J 

I· 

F.3. Combined Strikethrough bold version as submitted for approval. 

R 336.1420. Applicability determinations, definitions, and permitting requirements under CAIR S02 

trading program. 

Rule 420. (I) As used in this rule, "CAIR" means clean air interstate rule. 

(2) The provisions of 40 C.F.R. §97.202, §97.220 to §97.224 and the opt-iu provisions of 40 C.F.R. 

§97.280-to §97.288 (2011) are adopted by reference in this rule aud arc applicable to11iese rules. 

Copies of 40 C.F.R. §97.202, §97.220 to §97.224, and §97.280 to §97.288 are available for inspection 

and purchase at 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 this rule 

of $76.00. Copies may be also obtained from the Superintendent of Documents, U.S. Government 

P•·inting Office, 732 North Capitol Street, NW, Washington, DC 20401, by calling 1-866-512-1800 or 

by accessing their online bookstore at http://bookstore.gpo.gov at a cost as of the time of adoption of 

this rule ($66.00). The standards cau be viewed and/or printed free of charge at 

http ://ecfr.gpoaccess.gov. 

(3) Each CAIR SO, source, as defined in 40 C.F.R. §97.202 is required to apply for a CAIR permit 

in accordance with 40 C.F.R. §97.220 to §97.224. This permit shall be administered in accordance 

with the procedural requirements ofR 336.1214 and shall be incorporated into the facility's 

renewable opemting permit as an attachment. 

G.1. Wayne County Air Pollution Control Regulation, Article VI excerpt. 

G.2. Wayne County Variance- Minutes from Board of Health meeting 

July 29, 1981. 

G.3. Wayne County Air Pollution Control Ordinance 1985, Chapter 8 excerpt. 

G.1. Wayne County Air Pollution Control Regulation, Article VI excer,pL ... 

WAYNE COUNTY 

AIR POlLUTION CONTROl 

REGUlATION 

WAYNE COUNTY DEI'AflTMllNT 01' HEALTI/ 

.\li:'rl'iman noad 

Woist\ Mli::l1icPn ~IUJZ 

WAYNE COUNTY BOARD OF HEAI.'fll 

F'rRnk T. Uttlllga, ,O.,f,O. 

KlllhryJl t. McCullough 

f-'a11l If, Muslct!, M.D. 

George M. O'llr/en, M.O. 

Gr.r:~ltllne O'Lo~n. 
G.1. Wayne .. Caunty Air Pollution Contro!.Reg.ulation, Ar.tic!e. \<1 excerpt 

.UITICI.I> \'1 K\JIS,_IO:\ 1.1.\IIT.WIO:'iS .\:'iO PHOIIIBITJONS 

" 
G.1. Wayne County Air- P01lution Control Regulation,. Article VI excerpt."' 

Section 6.3 ~<:mission of Sulrur Conlpounds. 

Sr-clfc:m I$,3A Fuels and.Emlssfon.s.JteJarJng to flower Gt:httallon, "Sienm'· 

Generation. Space Heating, nnd Sen•lce Water llt:Etlng. 

1. No person shaH cause or perniH lo l>e,butned ILWI \t'hose sulfur con lent exceeds lho suJrur fn (ueJ llmll.tltlo~ schedule. 1 

il, No person shnll import, sell, pur~hasc, c:<chungo, deliver, s!orc, tranf:port, or c~f~r for sale or exchange, ruel!or burning In tfle 

CoUJ"!Iy whose sulfur content exceeds tho suUur In fuel Jimltallon .schedule. 

:1. Auy person who supplies fuels Mntalnlng more than O.S percent sulfur by welgh( dir<.•clly to a U!ier Cor burning In the County shflll keep records of the percent sulfur by welgbl contained In such fuel by dntcdclivcrcd, quanuty, and lo whom sold. Such records shall bo ~wnilnble for revlow br lhe Division, 

~. Sulfur in fuel Hmfla.tlon schedule: 

" 
G.1. Wayne County Air Pollution Control Regulation, Article 'II excerpt. 

BMISSION OF SlJLF'VR COMPOUNDS 

SULFUR lN FUEL, PERCENT DY \\'EIGH"J' 

~lCfCII~e- J?ll.t~_ . 

Ft!ef tJ~e lly Fud 'fypt t\IJg, I, Aug. 1, Aug. I, .\ug. 1, Aug. I, 

!fin! una 1!171 um; mr. 

~~I«:! ric PUlverized Coni 2,.50 2.00 1.50 1.2~ 1.00 

Power plant Olher Coal LOO 0.75 0.50 '·"' ·-{l,.&Q.7_. 

& central f)/sflllale OJI 0.30 IJ.JO 0.30 0.30 0.30 

steam gcncra· No. I and No. 2 

lion, Jnelcd· Crud!! & H(!avy 1.25 LOO 0.70 1!.10 O:"JIJ/.fi 

tng G\lvcmml'nl oil, No, -1, S, 6 

planl5. ~. 

Rcsld.cnllal Coal 0.75 o."1 (1.50 0.3() 0.30 

& commercial DlsUJI&tc Oil 0.30 0.30 o.:10 0.~0 (.l.:JO ~p:~ce and No, 1 1md No. 2 

Wilier healing Crude & tle:wy 1.25 1.(.11,1 0.70 0.70 Or70/.~ 

oil No • .J. S. G 

All other Cool LOO 0.15 0.50 0.&0 MO. 7S uses not r:>islillale OJI 0.30 0.30 0.30 0.30 0.30 

specified No. I and No. 2: 

ab<we Crude & heavy 1.2.5 1.00 (),70 O.i'O MIJ,H 

oil No.4, 5. 6 
G .. 1. Wayne County Air Pollution Control Regulation, Article .VI. excerpt. 

5• N" JX'fl'ion ~h~JI cuu~¢ or permit a discharge Into tho il!ll\I)Sphr:rc frl)m any ~!ngJe rue·/ 

burning sot•rre ol emission whalsoc"\·cr sulfur dioxide In (:Xces~ of the sulfur dim.,..lde 

ronCI.'illraliou in t>xhauSI ~as schedule. 

li. Su!(ur dioxide concen!nltion in exhaust gas sehcdul[!: 

_1-:~IISSIU:\' 01' .:l'l.fl'lt ('O,\If'Ot:~'[>!j 

Sl'LFL'R DIOXIhE l~'l:XIIAL'ST G,\S. PAI1'i'S PER 

~ 

;\llLL/0:\ Jl\' \'OLIJ~TB CORHESTEm 'rO !iO rEHt:ENT E'~t;-~SS .\JH 

· Eflr:cli\'f' Dati 

f'u~l l'sr by fud '1',\pt ,\ug. I. ,\ug, I, ,\ug, I, ·'"g:'· l~ii l!rl Ifill !J'i:'> 

Eledrk Pnln•rhed Cllal IW3 1100 li2S 100 

powrr plant Oih"'r coal. sso l20 

& Ct'nlro1l Pl~llll:th.· Oil f;.t() 120 '" uo '"' 120 

slellm gcnNa· :-ioJandZ 

lion, llll'lud· Crude & Ju:·.w~· "" ~{10 "0 in~ Gon·rnmcnl oil. :-.'o. ~. b. l'i "" 

plants 

RF~idcnfl<ll Cool "' 280 no 120 

& commerdal Di5llllale Off 120 I 120 120 120· 

sp<'!ce anrJ Xo. I and 1 water hl"aling Crurfe I< /,ea~·y . ! '" 230 .u 

-~-~ 

~~·o . .J,S.G 

Ml olhC'r ust>S Cv;ol 550 420 

no! l'pcdficd Dislilllli<" oil 120 l:lll '"' JZ() '" 120 iib(l\'1,' :O.'o. l and 1 

()-udto & heal'_\' ,)C() 

I 

<W "' 2-~0 oil :-."o. ( 5, I> ~. 

··-··-

\ug. I. 

1!110 

'" "' 120 

"' 

·-

120 '"" ". 

'" 120 

:!ill'l 
G.1. Wayne County Air Pollution Control Regulatiol'l1 Article.VI excerpt. 

1. :~, No person shilll cause or permit the bur,lln~ of fuel in any fuel 

burning' equipment tuwlr1g n higher .wcragc sulfur COIJI~t 

thrm the luel burned during the prc.vio ;s twelve !12) calendar 

months based on a corn parable BTU c mien!. For the purpose 

of detemllnlng complla.11CC, the .av-.riige suHur contenl of l'lll 

fuel nmlluc!t u.sed during each of I he c.lir'lldar months prior lfl 

Augusl J, /071, shflll be determfrtd ty nycra~lng the sulfur 

content ol all fuel used durJng each •:olcntfar monU1 on the 

b.'l.sis of pounds of .sulfw per milliCin DTU's he:tllng \'aluc of thc-

(ucl or fuels, whieh shall no( be u, .' · .' ' · month (rom and nfter August J, 1971, when compared with the 

some colendDr month of the previQUs ycl'lr, find dctcrmln!.!d 

upon !he same averflglng IJssis. 

h. The usc o( ruc·J!; having sulfur contl'nlsfls sci forth in lht> s.uJrur 

-i1i "ftfC111mltallon s-cnc-dUIC'S1fnll'nolllllow dt·"grad:tlion in !he 

"-mass mte-(lf pi\rllculafo omission. 'lhc Division m.O)' tCCJU/re 

Sf.IUrcc emission tes-ts which may be p-erformed by the Dh'lslon or under its supervision allhe expense of the owners ol such 

cqulpmC>nl ,·md JJ\3)' require the submits/on of reporls lo thl' 

Division both hcforc and alter changes flrc mntlc In lhc !>Ultur 

contcn( In ruel. 

x. No person who installs new fuel burning equipment after Ant: us! 1, 

1972 shall c:\usc or pcrmfl the emls!ilon inlo the atmo~phere of 

wlfurdioxlde exce-eding lhc~ulfurdlo~·tdr: hl ~Xht~U$1 r.us scheduJ~ 

slip\IIH!cd for August I, Wl6, 

!1, If the measured sulfur dioxide Rir QUtiJIIy In the County tneets lh~ n<'ee~snry F'cdcrill ambient air qualily ~;IAndnrd he/ore im· 

p!emcnlation of any e-ffective date in Sed ion &.3A C-11 and G.3A tGJ. 

the Board ffill)' suspl'nd lmplemcnlal!on o( 1my potllon o( said 

schedule in whole or in p:ul tlpon t('asonullle cvldcmce that 

failure to implement such supplem•:nlary pro\·islon$ will not 

compromise achic\•cment and'or malntemmct of !he S"f;'(-ondnr>' 

F'•!derlll nmblenl nlr qualll)' stnnd11rd. 

Sf.'t:lion 6.Jfl E!<~cptloM.: 

t. 'fhi> provisions of Section 6.3r\ II) Rnd ti.3A !7) (M shoJI not apply 

f(l any person who hilS rcceh•cd an Installation rw:rmll or ccr· 

li!ic!ltc of opc.>wtlon from the Division on a control dl!\'lce to 

desulturlzc slack gases. 

;!, The provisions o! Scclivn6.M_ Cl l shall not apply fo any pi>rMn who 

US('S n comblnaffllJI Q( rucls In MlCh ratios 1'1$ to met! the suUur 

dioxide hi cxhi'IU5I ga. .. Sclwftdc ttntl StiCh pelsor. shall proeurc 
G.1. Wayne· CeuNty Air Pollution .centroi·Regulation, Article VI excerpt. 

wrilten appro\·al from lht: Division for !hls cxccplloh. Tile 

aHownhlt' cmi:;sion will be based on the value In I he schedule lor 

the fuel h<nriug lhe hlghrr nl/owAOJe Jim!(. 

:1. TJu:• pro\'islom; of Section G.3:\ l21 shall Jlol apply to<tny pcrwn who 

lm,xrrls. Sflls. purchases, deliw~rs, .!./ores, lnwsporl:i, or (l{fcrs for 

sale- or exchr~t~ge fuel for burnillg In lhe Counly whoso sulfur 

con!cnl CXt'ccd.~ !hi' sulfur in fucllfmllation schl'dulc lo another 

(K'.rson who meers the re:qtlircmtuls of Section G.3B CJ J, r;.3B 121. or 

whCl IHls received a \'tarlancc (rom lhe Dh•isiou. 

Stl!llor!-S.JC SuHurfc Add Plan!s: 

1. No person shall cnuw or penni! sulfur dioxl~!! mil gos cmf::;slons 

hrto !he {ll.uo!'J)herc from su!!uric r.dd .twnufaclurlng_plnnfs lo 

exec!!d-6.~· pnuwJs -(icr lolf of ·ncid p!'OilUcC:d. - ~ · · -

'!. r{tJ )*rson shall cause or pur-mit sulfuric ftdrl, inrludlng .:;-ulfur lrfnxidc, em iss/om• lnlo I he- atmM>pln•re lo exceed 0.70 pound.~ per 

fi)Jl of Held produced, 

SC'CtiOn 6.3D S\llfllr flc{'O\'ti'Y Pl:..nfs: No person shall C/11\Se (.If" perm !I 

!he crnls~ion lulfl lht> atmosphere Clf wl(ur d/oxlde, sulfu .. trioxide. or 

sulfuric ndd from exlsHng sullur rec-ovcny plant to exc.eed 0.1·2 pounds JlCt 

pound of suHur prodUl'l'd. orn.tH pounds pt!r pound t•1 r,.u ... ·· ·orlu\'crl from a 

phllll com;h'uded n(!('r July 22. 1971. 

Si.>cllon 6.3E l"clro/cmn Rdlnin~ r\cih·lues: No person shall CII:USC ()f JX'trnU the comtmsl/on of an)' refinery pr<"~c<•!>.<; gas slrearn lbar.contains.-. 

h~·dr-oge.n sulfide In f:onc:-enlmllm• gr-entcr lllllll Hk't ~rains pel' hundred <'ublc ftN or f:<~S wilhoul remo\•al oft hi' hydrogen s'-llfide ill excess of Ibis con· 

crnlrallon, 

S"ci/C>II 6.JF llydrngcn Sultldt: When lhe odor o( hydto[!en wWd(l: is 

found loexlsl ~yond Uw properlY line o( the source, measurements shall be 

tak<·n lly !he mcUJod ~et forlh In Sccljon G.3U (41 and II IMM;UI·cd levels o! 

hydrogr.n sulfid(l arc found lo be In cxccs..'t of o.oos paris per million by \'trlum~ for a maximum period of lwo 121 consecuth•c minutes, lhe person 

{'auslng or ~rmllflnl! such emissions lnlo I he atmosphcr~ shall he deemed 

In dolfllion of !his sectlull. 

Seclfon6.JG SomtN Xot Spedflcally Ni'ltltd: No person shall ctmsc or 

pr.rmrl lhc emission inlo the atmosphere from any single source gases 

("Onfnfnlf1g more lhau :wo pilrls per million sulfur dloXfM nor· nlort I han IS 

milllgroms rwr cubic rueter of ,ml(uric ncld or sl1llur trioxide or ., com· 

"' 
G:1. Wayne·County Air Pollution·ControfRegulation, Article.VI·excerpt. 

bin.don th;n:cf. Provid.:d bwtvcr th~l th~ fur~_o'JlS' li:rr .. r.2.~e>n> ~h;lJ not 

31'J'IY to <;"!J.JHio:u; in S«rio·a 6.3.-\ 11-.:::<"-'e..h 6_·w . 

.S~cli'l'll '· lH .'!lelh~ ol Mruurem&r>l: Me:hods for sar.~pliog: 

cn:.is.sions covm:.:l in this arJ:;!e sh3.1! k as tcltd khw. lhese rr;&ods 

~boll k ~.:.S~d as a g~:r.~ ... al!;.tidc, bu: m:1y k modifkd c. 1djcl1ed by 1l1e D:ire.;lor tll ~uil $p~dfi~ $ml?:inz co~ditirm.$ or r.e: di l>-'..s!d upon &wd 

prad!cr. judgn:ent. ;u,d e.'<~fience. 

Sulfur In F~l Atul)1is: 

n. Ct-al: Sampling and analysh ·-f c~'cl MTM D:m. 

h. Oil: Stl.lldard m¢thod of te>t for solfur in r-etro!eun1 oil& c\STM · 

.-. 1551. 

;!... SuJfyr Dloxid<: in suck gas onalyiil! Pub lie He~llh Service 

hlbliC;~tion m·Af>IHI%51 App:ao!ix B, p.p. 8S·7. 

S:.:lfur Trio~~ in 1'lltk p.s amlysi;: Sulicrlc md in t:Jcl: J;a$ 

ar..:llpis: Publie- H~lili S~r'!oitc Publin:ioil !}9$> AP·I3' I J\}65 1 

App-:r..di" B, p.p_ 85-7. 

+ Jlydrogttl Sullid: Au.l;.s!.J.: M~thybe- lll~e \!t'!hoi.l, S:-:m • .I,. C .. EJ. "Air Pollu1ion." Vo:: n, ~econd ed. .969, p.p. 'll;-{l.o. As 

11:~eJt.;:heJ by: 

~.:\!.$.Budd :c:.d It A. Dcwick.A; ... !~~~~ tr~mie<l :!4.1536 u~:;.21. 

h.:'>!.li,Jncc-b~.~l.)!Bra\"U!l'an v-.J S. llothhriser, A~;aly~is 

Chemic~! 2f!.JJ.I'P!~i~. 
·· G.2. Wayne County Variance.--Minutes from Board. of Health meeting July.29,. 1981. 

Board ~~ers ptesent WCTe: 

HINUiES 

Carmhsioner 'I'1'I..oo.u PreSMU Ch.d-nr.a..n 

Dr. Ou:..rlu S, Mon:<m, V!c:e tha.trman 

Mu L, au.!n<r1 H.D, Mrs, :>Ltrie lJoyus 

SEP \ 8 m\ 

..U.So proscr.t: .,.;ere: Dennis J, Dil'oo'I'Jrtil 1 Publi~ HdJ.th Dinc:tor 

John s. Stock, Depu~ Dir•ctor 

·- Y!cl>y !!artinih, Public HeUth Nhlnistnt:or 

GlJM Brown, DirKtor 1 EnVi~t.a.l Hn.lth DiVis!C!U 

Alw Gro..O.rr, Hotocroloi<Ut, Ai:r Polluncn Conrrol Div. 

HrA Morton .Sterllnt, Det:roi-c Edison~ 

Skiles Boyd, Detroit EdisUl Cotapany 13tuu R, Ht.«n1 Detroit Edison CC1tt&!WY 

Jeny ~HJ'i.Ch, MRrath.oll Oil Caopmy Lany Oha.h.ia.n, }tanthDn 011 CQ'Irpany 

Richard S:tle, Wayn..e County Pl~lVd .. ~ Cormbdon. 

I , Al'P!\llWJ, OP /<n,UTilS 

IJfON niE )otlON OP DR, ~. SUPPC!mn BY DR, ~ORTeN, llill HlMJt1!S OF 'rnli 

liU'!IXG OF 1\E:>.'<ESMY, JULY 29, 1911 1,-£.'\1! APPROVED, 

U, :::<mSICN OF TiiE sutFUR£1.\i~Ft.fE.L BfSU!;;-..ete..'.TS 

Hz. l>il..,-orU introduc.ed ~fr. A.U.n Groonbtn·r of tha Air Pollution. CoutTol Division, ~lr. Gru.flbtt'J raviwe-d th-e JN.tl!lritl th&t .,,u vruent:&d to th6 J;oa.rd. nb:tive to the Rll.!ur•in .. fucl :ProVilion..!J of W Air Pollution Con1:rol P.erJ.Iatim. 

Hr, Gr1umb•rJ stated that: a rtqut.s( had. boen re<.. .. ivtd fran the Utn'thon Oil 

CctJpany co cJlmp the rost:rlctlo:nJ. in tht. sul..fur ~nunt: o! No. 6 full oil from 

l.()t to 1,25 pt'('Cel'\'t and We a. Ye<tU.Ut n..d bee.n ucdved from t>.ttOit Edi.Jon ~•ttuestini' thu the 3oa:rd onca •f:U.n suspend the r-e.duction ot th• 5\ll.fu:r .. :in .. f\;el !J..;:nita.tions and t.M corre.sp~mdi.ng .s'..tlf'ur cU.o:dde o.Wun ru ~antT.&dOhl ra- "uircd by the ~'Xi.st:i!li' re,W.ation, . 

!>Jr, Gnmber: :;u.t.cd th4t.t. tho Ai'l' Pollv.tJ.on Control 1H.vision dol'l$ not ore~nd 

thf increase re-qW~nfd. by W )tanthon Oil Ccrapa.n.y. He then revi.I'W-d, in deu.il, t~ n3..'Jotl.S for such. He u.id t~t t'-1'0 aiT" poUutiOJ'\ epUodet oe.t;Ul"Nd durihf ~he Sprinr o! 1981 ~hat ~e.sulted in ~6~~ Violation of ~he 2~ hour 5ulfu~ diox ~ 

sta.nd2:rd ar.d th.a't t."'e r.;cddling ::..an"itd ¢u't by t.."l.e Dtt.roit EcU.sQI\ Canpany 1 ula-t.i.ve ~.3 its Tl!:!l\.!.en to Ult )!ieh{&a.n. ,Ul" Polluticn Control Co.om.iuion to bl.:r.1 

::! • .3 perctnt s.J.lftlr ~oa! at 1t:~ ~lof\l"OI PoM=r Plant indie.a.ted ?OttntiU Viola.c!c;:ns 

c:! t:he so .. !t.tnda:'d i,r, ilOLyne Co;ll..T.:.;.·. , ~lr. Greenbarg clarified th .. ,c.££ 'r8J>Or':. 

~.·h..ich eou!d. rive the Lidiution that the !>lonrot: Pcn.·er ?lant U th.e :sole con- tributor t.o ti'l• 11\edd predict.ec!. so., violations. rn-e ellission ilWtm:oT)" used in 

!:het l'l)::)dd l.-a.., no't. rest.rlc:t•d to >!oilro• Pv.;er Pllll\t Out incll!dtd .sour<:os of 502 

!."\ h'.!.:·'ll"' neiihboring !>licldi&n Countie-s. Ohio and Sout1lt.-es~ Cntat"io. The Monroe 

Wayna CountyVarlance • Mltlu!es f1om 7/29181 Board ofHea\lf) MeeUO~ 

Page 1 of 12 
G.2. Wayne Co.unty, Variance .. - Minutes from Board of. Hea.lth meeting .. July 29, . .1981 . 

. '. ,,, 

'" '!~ • 

Po..,er Pbnt ~ not tho solo ecntr!but:or to the pt«Uott<l so, '"iolltlo!U, In ~ct~ c..'lere l.'Ore other soutce.s t.~t contribuud I\On the:: t.M Monroe Prt..·c.r Pla.nt· ~-- sraud thot the Division ,,.;,11 <01\t!Jiut to nollitor tho looot!oM ox FOtOl\till-1 viulatio!U Uld, in tht futuro, •-oUld Tepcrt biok to the llott<l of t!oJ.ttn ._. to ~oil other they •-ould nc.<>:I\W\d w thong• in tl-..t Uitihtlotu. 

)IJ', Ohan!M sct.tod t:,.,t tJ,o ro.uor.s for tlu )lanth011 request involvtd otonom.!C< 

sin« the company •·t.s haW.r to !Uo ""'•• No, z oil to oJx with tht (1'\lde ~~ the cn.ule av;.iu.blt. GOn'tin.UtiS to ha.ve hJ..Iher C:cmc:M~ndons ¢f S\ll£\J.r dioxid.s ~ 

Iha Boa.Td tll$CUS'Ud the H<~t'ilthcn rto.uts:t a.nd, 

' I l.IPI:lN 'Dl!! )Ol'!CN OF DR. GAAn\D., .5UPI'O!r.EI! iiY DR, fPRm/1 • DlfOO.ll) ,v;ncr:; Eoll. 

A ~ourn ct1 '!lll! )liJliJH:;tl I'BPtST niAT RESilUcrirns Ill rue SUU1IR mm:l!T roR 

~. 6 f1ifL OIL BE AAISE!) FIJU.ll.O Ptli.C<II1' 'TO 1.25 Pl:Rdm', 

~tr. Sc:erlinf thttl spokt on boh.a.lt of ~troit f.dis-on a.nd L31:ph.a.siud th£1 c.ctl:f)lmt..s l\34 b)' Hr. Orunh•ti rtl&t!vo to tho H>nroe P01.-.r Plant, 

trrON 'Dl!! ~PTIW OF DR, ~. MPOJmD SY DR. )0RTC:t;1 THE J!O,W> C()l.;aJRREl) 

:•Trrl mz; ~!Jl!Sf OF THil r£rnllrT E.DlSO.'I o:.M'AWi · U'irell nil! PRDvlSlaiS OF 

!iECUOII 6.::.>.9 OF W ~ CWJm' AIR ror.I.llr!OO C(X..'rOOJ. wm..\TIOII, THE i<A'(l;]! 

CC~";1Y &OAAD OF HEALTH Allr!P!UZE.D THll SUU'Vi\-lli-!11E.t. SPE,!FIC.\TICNS Ill SEC!1o.-: 

o.l\(J) .-1.\1) EWIV.-\LEi1 SULFVR OlO.~IllS ({));c;l:l."fR.\T!O.'IS ;:1 t:®J.IST ~ SC!!EJ:(JUS 

L\ Si;CTIOII 6.1.A(6) ·.IS !'OI..t.CI>S: 

Ml USE 8\" 

Elt~c ~·r plant & c:entral st:lm--- · sonor.tion, including gcv~~nt plants 

ML1YPES 

0.15 1.no 

Rhidl:nthl 4 '"'"'""dol Ctudo. hUV)' on Nos. J, s, 4 6 1,00 

All other use-s not Co.a.l 0, iS 

'1'«i!ied aoov• Crud• & h .. ,y oil ~os. l, s, & 6 

~!=-, G~~ti'\Qetl -=hem di,·uued. br!e~l:.• t.~e '""L":~;~.t!on n!.J.t:tv" :o rafi~t!.al coJ.l r~, . 

UPO: t.-l< ~OTICN OF DR. G.-\IUl.'iER, SUPPOR!'E.D 8Y DR. HlRTC>.~, TH!: ~:>.YliE CC(Jl.1Y IDA.'U> OF 

WiJyr.o Coon~;Vat1;'ll){-ll ·lliinL>:e~ frcm71~0/61 O.O;tid of 1/c~Oh !.Ice~)(~ 

P&:~<>2ofl2 
G.2. Wayne County Variance - Minutes from Board of Health meeting July 29,.1.981. 

~rri .l.lm-l:lRI:ES Tel: 1~\>l! etxf.<Ti AIR POLI.UT!Cii CCUtM!:! DM$!CN TO Pn'<IT COAL 

ill;~ TO FUR!:!',~$.! /..\Jl OFFER fOR SALS fOR USo L'< 1\-\\"" CM'TY, C¢..1!.S crur.w.n.i:; 

v? TO 1.01 SY liS!GllT SUI.fUR C<>\Tf:Yt I:i RES!Dl':IIL>J. .J..\1) CCHmRCt>J. SPACE AND wAIT!\ 

~T!:<G APP~!CX!IO/iS, 

11!. Rl:z"ORT Oli PUBLIC HE.\IU1iG C>.Y C!n' SAND 

;.. VD L1. Vi)fl LL CJ:J,rP /.. W >.PPLI CAT JCN 10 TH!! 

DEl'.!Jt11'\E'<7 OF NAl1iiW. RESWRCES FOR A SOLID lOS!l! L\.~1lFlLL 

~lr. ou,·orth sutod thot h> and 1/r, Bt01on had visited the siu of tho City s.ru1 

Md Landfill CCJ:pny. Mr, Sto;k thll'l TepOn:ed on tho heniot tho;...._, c:on• 

due co<! by tho Dop&n:liW!t ol N&turtl Resoureu relu.! VII to tho ~llUt ot City Sand and l.u\dfill !or an exp•ndon. He suud thet ujor c.on<ern.t of tho J>OOl>le 

included the =< mfflc, tho nouo, 8Jld cC>~~Um rtl&civo to d.i!oue. TM - J:l.z:terial th&t l<'a.5 subrutted at the hear.ing on discue prev11~ jn the h<me.s 

a..">"Ound tJut site loo"U riVtn. to Dr. Polh:1.J.tki tor funh~J~r i.nVesti~t:ion. 

~!x'. aro'Wil .then sut.eC. tl'-~t .1-..dacisi.on 1\'0U!d .beL~ by t:h.e -,!)ep&t'\Al\tnt ()£ , Xat:Ural R..s:sourcu a.lur " :s-o d.s.y period ~&H the matter loo'8l'll re.fsrnd to the 

)i!thitUJ Env!ro"""M~ Review !lOud, 

~lr, Oil\o'Ort..i asked \.'hethtr thJ Board ., .. auld. ldsh -to add. to the llrlt~ eaDMnu 

tl:at •"Ould ba Ndo b)" the Department in r.he ><rituh rocor<U of tho N>ll.c !lear• 

i."'r. The cwmen.ts 'kill lie distributed a.t the llt~ Bo&rd. meotinr !or fu:rther 

cor.m.en:t. 

Hr. S:elg o£ the Pla."Vling Comdnion. M'ho M.d. been pre.sent &t the hearing, f:.u-t.i.er corrrr.cnted on it. ~ stat-ed that th~rt '-'U a;.t.Ch conc:ttm Rll\OJ\Z thJ 

resiant:s a.bout the lQJ\di!.ll, He briefly duedPed othc:;r lm.d.fill.s in cltt 

Ceu.itY '"'hie.~ sew.ed tO be op.era.~in" \.lith little C:Oflml.m..i:ty oppositio.n. 

IV, lS$0·81 Cc.\1R.\Cf \,;r,j M! ~UQliG.>.V Dti'.-\RT?<!!;T OF PlJRLIC HEAL11! 

FOR m C • piU!.SC;Ill 

"1 

~tr. Dill(Orth revil!wt:d tM m.erubr~nt to the ~ntra.ct b&wcen the Health Depart .. 

r.l!nt: 11\d the ~lic.hi.iZ.J'J PcD.u'O'I'Ant of Public Kea.lth !or ~aC•P9.fSC\.D !o-r the 

19$0·$1 ~·ear. He s;:ec.t!iul1y ca.llt><i ottont!on to the clunies !rom tho pro·' vious yur' s agre:I!.'Mnt, 

iifCN TEE )XJT!C.' OF DR. G.<.'Ul'<CR, SliPfQRTED BY DR. }OJIT(t(, Il1E BO.-IRD >.PI'!lDVED 

ll-:0 .~'IE:<J;HE,\"C TO frill .l.GRID!E.7 Bf11\'WI TilE H!CHIG.>.V W~'l OF PIIBLIC HIW . ."!'ri 

/..\ll TI!E WAY:>"!> ~Ti HEJJ.lli DEl'AAD!f:\1 FOR l1lE ll>IIC·PRESCID PToj&c' FOR 1980·81 

:>i:"rl. T<{E ~~E;\ST,l.\1JI~G TKU SU!TA!!U .J..<Jll\G£\~-\15, II'IU. 92 )~ TO. Pl!.0\10E. s:r.m: 

.=i~.:;.',CI.l.:- s-.,.?FORT fCC\ rr:E ClOSC:CV'l" CF i.~ )I!C .. PRE..SC-\0 PROOAA'I TI-:RetiaH ,SEVI"f)QH:.ct 30 1 

1131. 

Wa~·M CounlyVsri~noo • Minv!as f10m 7121!181 Doard of He~!!h Meelin~ 

Psge 3 oll2 
G.2. Wayne County Variance - MinutesArom.Board of Health meeting .. J.uly. 29,.1981. 

+ ~ 

~ ., t· 

':! 

\', OlD BUSC.'!'SS 

:\one. 

Y1 , li!;W BUS MSS 

None. 

\ 'l I ' )J)J'CUR.~lE2',"'' 

11PCt1 Til!: IIJI"!CN OF llR. Hltm:JI1 &/l'l'OitlilD 1fi NP$, &o\U.S, 11l!! ~ liAS 

m=~ J3 11:so A.H. 

VH/rc 

DATI:D: , ... ~ ;.:. • • "' ... ,. 

Wayr.e Coun!yVariance. Mlnu!es from 71291B1 Board of HealthMeellng 

Page4oll2 
. -- '~ ' ' 

G.3. Wayne County Air Pollution Control Or,dinance.1985, Chapter 8.excerpt 

WAYNE COUNTY 

AIR POLLUTION 

CONTROL 0/lDINANCE 

AN ORDINANCE to abate air pollution in 

the County of Wayne and to provide for Hs 

admlnlstraHon and enforcement: to prescribe the 

powers and duties of the Wayne County Depart~. 

ment of Health·Air Pollution Control Division 

and its Director: and to provide for penalties and 

remedies. 

IT IS HEREBY ORDAINED BY·TllE 

PEOPl-E OF THE CHARTER 

COUNTY OF WAYNE 

I .. 
G.3•. Wayr.~e.County Air Pollution Control. Ordinance 1985, Chapter 8 . .excerpt 

TABLE OF CONTENTS 

PAOE 

Chapter I DEFINITIONS , . , ... , ............................ . 

Chapter 2 GENERAL PROVISIONS 

ENFORCEMENT .... 

. . . . . . . . . . . . . . . . . . 4 

Ch~pter 3 .. ............. 8 

Chapter 4 AIR USE APPROVAL AND PERMITS .. , ......... , ........... I 0 

Chapter 5 EMISSION LIMITATIONS AND PROHIBITIONSPARTICULATEMATTER . , ........... . 

Chapter 6 EMISSION LIMITATIONS AND PROHIBITIONSChapter 1 

SULFUR·BEARING COMPOUNDS ........ . 

EM!SSJO'N LIMITATIONS AND PROHIBITIONSEXISTING AND NEW SOURCES OF VOLATILE ORGANIC 

COMPOUND EMISSIONS , .............. . 

Chapter 8 EMISSION Lir-.UTATIONS AND PROHIBITIONS-

. ' .... 16 

. ' .... ' ...... I7 

. 20 

MISCELLANEOUS , ... , ...................... , ...... 2I 

Chapter 9 SEALING OF m.HSSION SOURCES . , . , . , .... , , ...... , ..... 24 

Chapter 10 VARIANCES •.. , .••...... , , ..••.........•........ 25 

Chapter II TESTING AND SAMPLING .............. , , , .... , , . , , ... 26 

Chapter 12 CONT!NUOUSEMISSIONMONITORINGAND'RECORDJNG , .. , , , , .. , . 2'1 

Chapter 13 AIR POLLUTION EPISODES 

Chnpter 14 APPEALS 

APPENDICES 

A. DIVISION REQUIREMENTS FOR EMISSION SOURCE TESTING 

B. INSTALLATION PERMIT APPLICATION REQUIREMENTS 

C. DIVISI0N·:i10DELING RE<:2UJREf!'IENTS 

D. DIVISION REQUIREMENTS FOR CONTINUOUS EMISSION 

MON1TORJNG AND RECORDING 

E. DIVISION FEE SCHEDULE 

. ' •• ' .. ' ' . ' 28 

' ' .•••.... ' ' ' 31 
G.3. Wayne County Air Pollution Control Ordinance 1985, Chapter 8 excerpt 

Chapl(w 8 

EMISSION Lll\JITATIONS AND PROHIBITIONSl\IISCELLANEO US 

Sectlou 801. lNCORl'ORATEll STATE RULES 

The following Michigan Rule• as promulgated 

on F~brual')• 22, 1985, are incorporated by 

reference and made. a part hereof. For purposes of 

lhis Ordin.ancel the term "Division" shall replace 

lhe term h{_~ommk,.ion" where\'Ct H appears ill 

S\tCh incorporate.d rules. 

A. Rulo 901. 

"Air contaminant or water vapor, wlJCn 

prohibited;" AACS R 336.190 l. 

D, Rule 906. 

"Diluting and conceal ins emissions;" AACS R 

336.1906, 

C. Rule 910. 

---· 

D. Rule911. 

"Malfutlction abatement plans;" AACS R 

336.1911. 

E. Rule91Z. 

"Abnonnnl <'<Jnditions nnd breakdown of 

equipment;" AACS R 336.1912. 

F. Rule 930. 

('Emission of carbon monoxide from ferrous 

cupola operations;" AACS R 336.1930, 

Section 802. ODOR INTENSITY SCALE 

When applying Incorporated State 1\ule 901 

: to exi.stl.i){;: t)dorous emissions, Division persoHnel 

.. shall clnsslfy the intensity of the odors according 

_to the foJJowing scale: 

0- A concentration of an odorant which 

produces no sensation. 

I~ Concentration Wltich is just barely detect· 

able. 

2- A distinct and deflnltc odor whose 

chari1cteristic is cle.rly <ktectablc. 

3- Au odor strong enough to cause a per:-on 

to atlem\JL!O :woid it completely. 

4- An t){ior so strong ;~s to be overpowering 

and intolerable for any length of lime. 

21 

An odor intensity of 2 or more shall constitute a violation of incorporated Statu Rule 901. 

Section 803. Fl>DERAL EMISSION STAND· 

ARDS AND PREVENTION OF 

S!GNJFJCANT DETERIORATION 

A. New SoUttc Performance Stnnd<lrds_ (NSPS) .. 

A person shall not c:ausc or permit ;m emission source subject to lhe pl'ovisions of tho 

Federal Clean Air Act, and tlte rules entitled 

'(St;mdards qf Performance for New Stationury 

Sourc-es," 40 Cf.R Part 60, lo oXGoCIU nny 

nppllt-nble standard contaiM<i in 40 CFR l'nrt 60, 

unless a VNlh•er Crom ~uch rt>quirement has been 

tlccured pursuant to the provisions of Section 

lll(j) of the Ooan Ail· AcL Tho rc<JUiroments of 

40 CFR Part 60, as promulgated on February 22, 

1985, ore hereby lncorpolaled D)' rofc.ronco and 

iitade 1\ porr"heie.of. · · · 

D. National EmLo;sion Sfandn.rtls for Hazardous 

Air Pollut<mls (NESHAP.<) 

A pt.rson shall not. o:msr. or permit an emis· 

sion sourCe subject to the pro'\•lsion~ of tlte 

Federal Clean Ai1' Act. :md the rules entitled 

"National Emission Stondards for Hazardous Air 

Pollutants, h 40 CFR Purt 61} to exceed any 

app!ic;,blo stnndard conlnined in 40 CFR Part 61. 

'fhe requirerrwnts of 40 CftR Part 6J, as promul· 

gated on F<,btunry 22, 1985, arc hereby incorpo: 

mted by n~fcrcncc ~nd made a part heteof. 

C. Prel'cntlon of Signific-Jnt Dotcrioration (PSI>). 

A person sha!l not cnuse or pe.nnlt a1} emis~ 

sion source subject to the provisions of the 

Federal Clean Air Act, and the rules entitled 

~~.Prevention of Signit1cant Deterioration of Air 

Qunlity," 40 CFR Port 52.21, to exce.ed any 

iippHcable sl4lndnrd or··re·quir~lllcnt· c:onlained in 

40 CFR Part 52.21. The requirements of 40 CFR 

Pari 52.21, as promulgated Oil Febmnry 22, 

1985, He hereby incorporated by roference and 

made a part hereof. 

D. Full Compliance. 

A. 9erson. who owus .. i}r .. op~tiltcs, an emissio1l· 

~'Ourc-e complying 'Nith the emission JiJnitationl) 

und prohibitions of' subsections 803.A, B and C 

shall not bo exempt from comJilying wi!l1 the 

emi~.sion limitations :mU prohibltions contained irt 

this Ordinance. 
G.3 . .'fl/ayne Countv Air Pollution Control Ordinance 1985,. Chapter 8 excerpt 

S<>otion 804. II'ASTE·IlURNING EMISSION 

SOURCE OH EQUIP~l.fu'\T 

A. ~~ 

Pt<>hiblllon. 

A pCrnon shall not C.a\i$D or p-'2:-rmit, one )'ear 

afte.r UJe. effce-th·c dare: of this Ordlnnnce, th~ u.~-. 

tn"StaU.atk•Jt:" or · op;:ratjon of· any VKiSI\i·buming 

cmls.sl<··l~ S\1Ur(:fil or ?quipmunt cxco?Jlt; 

I. Apjutnn~nt~ c.ornmen:iu( .and indus1r1uJ 

WJS.tc~b~trning SOUJ'C(!S; 

2. Crcni<1tory nnrl pathol•){dt.uJ bmflitiJ~ 

:>:}uipmcnt tksigncd and m-Dd fot thehurnine, of h1_111l:1n and :ln[nHJl remains 

conS:l:itinA. of cart.as.<=A.:S_, (ltJ~ans. ~nd solid 

nrp,.auk: \\'astc,~ frnm hofipitals, l~bont· 

toi·k~, ~h.,!!t-loirs.. auimal po1.llH1;c;, nnd 

simihll' cmissil'lli $(H.\rl!-(~s-;· 

tnincd in tl m:mnc-rto as:sun:: CftmpliunoJ with thL"; 

e.tnlfSJ(IH ltmlt~1tlr.Jns a.nd pr<Jhfbilions of this 

Or<linan<'e. 

Stttion 805. DURNING OF COAL JJOR SPACE 

AND WA'l'EH IT£1\.l'II\G 

A' person :shaH not l1:IU9."?· Of permit (Ill(! y~~r 

aflet the efJ~d.i\'c dall' of u,;, Ordin.1ncc, !he 

burnim;~ of coal in ony rcs!dt;,~n[bJJ ... ~omim~.r('.i<JJ, or 

soho<.1] huHdlng li.1r tho pUriXf&~ of prl')Villins, sp;.wc 

or \V~lcr f,~ating. 

Section 80r.. DHY BLASTING 

A pc-:rsotl $h~)]} ~~ot t.::rrm ... ~ <)t pc:nnit lhe. dry 

bJa::;t1nt~ or dt!BniJlf: of t-h·~ exterior of tmy 

SUlJCLUf(:, TJw own(:J or 01~-rator of wd llhhiti:·Jn 

nr .::J~;·m~ng cquitHncr;l .shall at the e-nd (I[ e<.'!(!}) 

shift dean up tlw sjtc where blw;t_i_r;g is don~ so as 

to prc~·c::nt the spent :::bra~ivc from L'1'-('.-oming 

!lirbomc Or Rc--!lltcrcd by the \virtd. 

3. LiquhJ and f~iJ$00liS WA>5tc-bunlin.ft equip· 

me.nl OWiJ\.~d · ;_tnrl ope.raLcd by tl1e. po:lOH 

t:;cnr-t'ati.ng tt.c wask~ and d~~:jgnt:!-d and 

t!St.d se>J,,Jy for !he burning of gmon>, Hquid, or sc!lli·Uquid w~slcs such a:; !"m, Section 807. OPERATION OF CONTROL 

palnU:, Wh1eJ1lS and f"un'll~s. gcmt~t'ated at EQUJPI\lENT 

-lhl'; simte. J!?.{t£-..f~plt~cal sH-t'~---- ·- - -·A -person shaH i101 caust~ or pt~rmlt the u.'ic or 

4. llntttin.t~ v.•Jltipmtml des[gne.d 1md usect fm· op~mtion of any et.1isslon :;.ollH~t'l tor v.~hkh 

the dostiuotion of U:1itcd Stntcs C\lnt~n~.::y (: ... :;mlrol equipment is n:~tquirt-d lHl(k:r a;n~· Chupt(~r1 

not~;s or po.sl:i.J!C stamps; -Sec-Bon or .sullre.;.~tion of this Ordln.tmc-e unless 

such <:o~arol e.qujpm<fnt ~~ uliiL-::tJ-d tmd Hlrdnt:lincd 

iu ~ r:l~nn~r lo assure ~;ompll<Ul\.~C with tJw emi~sion .. !imitntir,:m~-- a:1d prollibHiotU\ of lhis 

Ordln~lrH:e. 

5. IJurning •;<llllJl!I'Od tbsig.ncd i!ud US'~-<.1 for 

lht' rcmo1•"l tlf irmilatlon J'wm el,c!rk 

molors, d~ctri(:td wire-s, or for dr:nning of 

stet~l dnw1s~ 

{1, Burning equipJ?Wn_t d~sL~ncd and used for 

Ito d[.;po"'l of sewage sludge, sottrn or 

erit; 

7. Mtmiclpal bum.in(: equif>mcnl design<.t! 

:mel lto/~rl for tho dtlstnu;.tion of rd'usc 

which hus .a rat~d pf:mt capndfy in .exres1-: 

of SO !ons per O~Yi or 

8. 0 thor sp<:;¢a1 purpos-o waste-burning 

cq\lipmcnt~ wHh writt~n pvrmission of the 

Dfrcotor. 

D, Sc:iling of Source. 

A pt!rSC,rl ownlng or opcntin,g a w.astc:..-lJurnlng 

emission sourc~ wl1ich is not w be used or 

opcr~tcd one ycn.r after the effective dolo of this 

OrdiJ1anr.o shall soal lh~ sanw no l~tc·r iha., ono 

yetlr :lftcr the cflC.otive d:are of this Otdlllance. 

C. Usc of Aulhoril.el.1 W~otc·burnlns _Emission 

Sowcc. 

A person shall ool c.au•~ or permit ill~ u'c or 

up<m1 tion of any w.nst~>bumlnc e-mkdon sotm:~ 

unle-ss: such cmis_.siOtt wur~c js utiUz~{] and m<1tn~ 

. S<.•ct.\on 808. CHANGE 011 CONDITIONS 

A J'(•Json shall nol call>-' or permit tho 

opcra-Uon of any cmissfon source: ln $U<.:h ::1 

mdtnlt:r OE' ut such ~ rate in t~x.:::e~:.t of Hwt for 

whic.h f!n instuJ]ZJ L:ion ptlrrnit ot ceriificat,-:. of 

<•per .. lion has b<en issued or conditioned. 

Scclimt 809. OPEN FIRES 

A. l'wtLibiHon; E:xemptionB. 

A pDrson sbaJJ not ignite, :;-alJ:;t~ or .pe.rmit lo 

he lgnHedf uth>w or maintuitJ an open fire. 11Ic 

f()Jlmv!ng trpes of op~r. frrcs are exempt t~rom the 

prohibition of thh Sl~cHon pro,·lded such ftn::~i ~1rc 

<:On\iucted in ac.cor-diU)Ce wHJi HH~ contlitions 

spedllcd b}' the Dil•ision and m;;o not injurlou; to 

huma~ hc:aHh, s:Jfcly or \Y{'.Han~ .. $Dfmut Hfa; or property~ or unreasonably inb~-rfere with the 

~omf'(>rtahl;}' !Jn)\>ymcnl· of· Jifc. or propcrti·~ or 

viofatt::. an)* -other lH.:cHr.:m of this Ordinanc~~. 

J. For the control of l~rop djst;!aso when tho 

Cotlnly ·~rict!llllral ag,,nt dcdurl·s t11al 

this is lho On[y m::::ms m•aihJbfe, provlped 

Hw· County Qgrlct!l1ur.fll .agc.~1t ha." issm.;d a,. 
G.3. Wayne County Air Pollutior) Control Ordinance 1985 .. Chapter.8 excerpt 

p~!rmlt fot S.U.;.!h butriirJt;; 

2, Por tmiffing lircman Ol' for H!s~Jarch in (ire 

pre\'cntion. provided t.he Dh•isfon has 

·', l:.h<e11 prlot writt<.·.rt .upprm•.'lJ; 

3. !'0r the lwruth; ~afety i1nd wdfare of the 

community when such t1Jo~ Me lp.nJted by 

or~er of a munidp.U fire dcpartnwnt: 

4. for the nontJ.:.tmmcrcial cooking of food 

for human c:onsumptilm; 

S. Por -cercmoni~l or r~·c-rcatlon~J puq.;ore.s if 

prov«J I}' con trotle<) [ly a responsible 

person and the fuel used is limit~.d to dry 

woodl dry liill~et or ~mukclc~s f~1cl; or 

6. i<or w:mnlng of worters who 1

NO.rk prcdominan!l)' i.n lllc outdoors if tho ambient 

tcmperatur~. h lower tltah 32 dt·grxs 

Fahrt.nhcil nn<l tho fuel is limited to dt)' 

woCH!, dry p•pcr, or smok0le~s ruur. 

&!ction l.ll 0. USE OF HIPROl'ER !'UEI.~ JN 

MOTOR VEHICLES 

A person or rctuilcr1 or his -t!:lllploy~t;! c)r age-nl 1 

'l.it whole.~ule purclWsl.'!r•t:on~umc.r,.or his r:mploycG 

or agcn t.; shall n(}t ~-c-llJ · d.IS1)\~JJSlj~ or offer rot ·sale: 

g:t.~oJiJl(! R:pre:s~IJted M be UJi](~~.dNJ~ unless frUCh 

gusoHn{: meef.s lh~ deflncd r~~qufr.zHklilS fo: unleaded gi!.solinc; noJ· shntl r:: pcr8a-n lnlroduc:..\ or 

C!iWic or ~nnit the~ hthoduction of lcade:.t.l g.:uolli1e into any motor 'lchk:Je- which (::; r.(lbeJe,d 

"tfnf.cadcd Ua.soUnc Only/~ or \ii.'hkh is eqtdppfld 

with a gasoJJne tank filler iulet whkh is do~lgnoil 

for ~h-~ jntroducHon of Jmk;1dn(l f,Us0Hne. A 

per.mn or rct~HE:r~ or his employe~ or ~&(!J1t, or 

wholt..S.111c purchasrr CDJlHiJJWt~ or his ~ll1}JIOyt>=t- or 

3£.\!Jl r~ tihaH not ~.quip 11 de•;lt::.; for (Esptn.slfif~ 

lc.;Jdr.d fuel tO muk1r \'chid-e-s '.Vilh a JiOZtle \'ihi·~h 

would aUnw illS(!ttion in trJ n g:-~soHJ:~ tank fi1Jcr 

inlet whi;;h is de:;iJwr.U fur lh~ jntrodtK'-rion of unk"iidctl gasoline. ·