RICK SNYDER
GOVERNOR STATE OF MICHIGAN
DEPARTMENT OF ENVIRONMENTAL QUALITY

LANSING



### September 19, 2013

Dr. Susan Hedman, Regional Administrator United States Environmental Protection Agency Region 5 77 West Jackson Boulevard (R-19J) Chicago, Illinois 60604-3590

Dear Dr. Hedman: DAN WYANT DIRECTOR



### SUBJECT: Michigan State Implementation Plan (SIP) Submittal for Revisions to Part 1. General Provisions of the Air Pollution Control Rules

Pursuant to Section 110 ofthe federal Clean Air Act, the Michigan Department of Environmental Quality (MDEQ) is submitting the promulgated revisions to the "Part 1. General Provisions" rules for United States Environmental Protection Agency (USEPA) review and approval for inclusion in the Michigan SIP.

Revisions have been made to the following Michigan Air Pollution Control Rules promulgated under Part 55, Air Pollution Control, ofthe Natural Resources and Environmental Protection Act, 1994 PA 451, as amended: R 336.1116 Definitions; P; R 336.1119 Definitions; S; and R 336.1122 Definitions; V.

The MDEQ is submitting revisions to R 336.1116, R 336.1119, and R 336.1122 for inclusion in the Michigan SIP. These revisions are designed to satisfy federal requirements for the Prevention of Significant Deterioration (PSD) program.

R 336.1116 and R 336.1119(e) have been revised so that the MDEQ's PSD and New Source Review permitting programs comply with federal requirements. The new significant emission levels and definition of PM2.s were added to the rules. The definition of PM 10 

### was revised to address condensable emissions. R 336.1122(f) was revised, updating the definition ofvolatile organic compounds (VOCs) to exclude additional compounds with negligible reactivity in the formation ofozone that have been approved by the USEPA. The MDEQ periodically updates this definition to conform with new materials added to the USEPA list.

The revisions to these rules were adopted to comply with revisions to Title 40 ofthe Code of Federal Regulations (CFR) 51.100, 51.165, and 51.166 for new definitions and provisions pertaining to PM2

.5

. 

### These rule revisions should also be considered in the USEPA's review of Michigan's Infrastructure authorities under Section 110(a)(1) and (2) ofthe Clean Air Act for the 2006 PM2.s and 2008 Lead National Ambient Air Quality Standards and supplement Michigan's Infrastructure submittals ofAugust 24, 2011, and April3, 2012.

CONSTITUTION HALL • 525 WEST ALLEGAN STREET• P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 www.mlchlgan.gov/deq • (800) 662-9278

### Dr. Susan Hedman Page 2 September 19, 2013

An opportunity for public comment and hearing was provided, both for the promulgation of this rule revision and for its submittal for approval to the Michigan SIP. This submittal consists ofone hard copy ofthe required documentation. An electronic version ofthe submittal in PDF format that is identical to the hard copy has been sent to Mr. Andy Chang, USEPA, Region 5 office. To assist with your review ofthis SIP submission, please refer to the attached table of contents.

We ask that the USEPA approve this revision to the Michigan SIP. Questions on the submittal may be directed to Mr. G. Vinson Hellwig, Chief, Air Quality Division, at 517-373-7069; hellwigv@michigan.gov; or MDEQ, P.O. Box 30260, Lansing, Michigan 48909-7760; or you may contact me.

Enclosure Dan Wyant Director 517-284-6700

cc/enc: Mr. Andy Chang, USEPA, Region 5 Mr. Jim Sygo, Deputy Director, MDEQ Mr. G. Vinson Hellwig, MDEQ Ms. Mary Maupin, MDEQ

# REVISION TO STATE OF MICHIGAN STATE IMPLEMENTATION PLAN

FOR

PART 1. GENERAL PROVISIONS R 336.1116, R 336.1119, AND R 336.1122

SEPTEMBER 19, 2013

Preparedby:
Michigan DeparlmentofEnvironmental Quality AirQuality Division

P.O. Box 30260 Lansing, Ml48909-7760 INTERNET: http://www.michigan.govldeqairTABLE OF CONTENTS

COMPLETENESS REVIEW
Completeness Review Checklist

ATTACHMENTS

Attachment A

Attachment B

Attachment C

Attachment D

Attachment E

Attachment F

Attachment G Final Form ofadopted rule(s), Part 1, effective November 30, 2012. Strikethrough/bold version ofthe rule changes as submitted for approval.

A letter and Certificate of Adoption dated October 19, 2012, signed by MDEQ Director Dan Wyant to the Michigan Department of Licensing and Regulatory Affairs, Office of Regulatory Reinvention (ORR).

Section 5512 of Part 55, Air Pollution Control, ofthe Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, gives the MDEQ the authority to promulgate the revised rules.
Michigan Department of State's Notice of Filing ofAdministrative Rules for Part 1 dated November 30, 2012.

Notice of Public Hearing held on August 9, 2012. Newspaper affidavits dated July 9, 2012. Michigan Registernotice dated August 1, 2012.
Opening statement for August 9, 2012, public hearing. Staff Report dated July 31, 2012. USEPA comments dated July 31, 2012, and Michigan's response.
Agency Report dated September 10, 2012.COMPLETENESS REVIEW

Administrative Materials

1. Formal letter of submittal from the Governor or designee requesting USEPA approval ofthe revision.

A cover letter from Mr. Dan Wyant, Director, Michigan Department of Environmental Quality (MDEQ), to Dr. Susan Hedman, Regional Administrator, United States Environmental Protection Agency (USEPA), Region 5, requesting approval of the Part 1 SIP revision.

A letter dated March 24, 2011, from Governor Rick Snyder, State of Michigan, to the USEPA Region 5, delegating authority to the MDEQ Director to make any submittal, request, or application under the federal Clean Air Act. A copy ofthe 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 orfinal issuance as well as the effective date ofthe revision ifdifferentfrom the adoption/issuance date.

The final form of the adopted rule in Part 1, which went into effect on November 30, 2012, is included in Attachment 

### A.

A letter and Certificate of Adoption dated October 19, 2012, signed by MDEQ DirectorWyant to the Michigan Department of Licensing and Regulatory Affairs, Office of Regulatory Reinvention (ORR), are included in Attachment B.

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

Section 5512 of Part 55, Air Pollution Control, ofthe Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, gives the MDEQ the authority to promulgate the revised rules. A copy is included in Attachment C.

4. A copy ofthe actual regulation or document submitted for approval and incorporation by reference into the SIP, including indication ofthe changes made to the existing approved SIP, where applicable. The submittal should be a copy ofthe 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 ofthe regulation/ document should, whenever possible, be indicated in the document itself.

The final form of the adopted rules, Part 1, with the effective date of November 30, 2012, is included in Attachment 

### A. The strikethrough/bold version of the rule changes, as submitted for ORR approval, is also included in Attachment 

### A.

5. Evidence that the state followed all ofthe requirements of its administrative procedures act (or equivalent) in conducting and completing the adoption/issuance of the revision.

The Michigan Department of State's Notice of Filing of Administrative Rules for Part 1 dated November 30, 2012, is included in Attachment D.6. Evidence that public notice was given of the proposed change consistent with procedures approved by the USEPA, including date of publication of such notice.

The affidavits of publication from three newspapers in the state of Michigan, in which the notice of public hearing was published on July 9, 2012, and the notice that was published in the Michigan Registeron August 1, 2012, are included in Attachment E.

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 statement for the Part 1 public hearing includes information on the notice of public hearing and instructions on how the hearing was to be conducted. The opening statement and a staff report are included in Attachment F.

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

Comment letter from the USEPA and MDEQ responses are included in Attachment F.

Technical Support

1. Justification of rules revisions.

The "Purpose for the proposed rules and background," Item 2; and "Summary of proposed rules," Item 3, ofthe Agency Report provide the purpose and justification ofthe proposed rules, which is included in Attachment G.

# AttachmentA

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## IMICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

PART 

### I. GENERAL PROVISIONS

Filed with the Secretary ofState on November 30, 2012

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretaty ofState.

(By authority conferred on the director ofenvironmental quality by Patt 55, Air Pollution Control, ofthe Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.5501 to 324.5542)

R 336.1116, R 336.1119, and R 336.1122 of the Michigan Administrative Code are amended to read as follows;

R 336.1116 Definitions; P.

Rule 116. As used in these rules: (a) "Packaging rotogravure printing" means rotogravure printing upon a substrate that, in subsequent operations, is formed into a packagingproduct or label, orboth.

(b) "Paint manufacturing" means the grinding or mixing ofa combination ofpigments, resins, and liquids to produce a surface coating as listed in standard industrial classification code 2851.

(c) "Particulate matter" means any air contaminant existing as a fmely divided liquid or solid, other than uncombined water, as measured by a reference test specified in R 336.2004(5) or by an equivalent oralternative method.

(d) "Perchloroethylene dry cleaning equipment" means equipment utilized in the cleaning of fabrics for which perchloroethylene (tetrachloroethylene) is the predominant cleaning medium.

(e) "Performance test" means the taking of a source sample at a stationary source, employing department-approved methods, to determine either ofthe following:

(i) Compliance with the department's rules, orders, oremission limitations. (ii) Compliance with the conditions ofa permitto install or permitto operate. (f) "Permit to install" means a permit issued by the department authorizing the construction, installation, relocation, or alteration of any process, fhel-burning, refuseburning, orcontrol equipment in accordance with approved plans and specifications.

(g) "Permit to operate" means a permit issued by the department authorizing the use of any process, fuel-burning, refuse-burning, or control equipment for the period indicated after it has been demonstrated that it can be operated in compliance with these rules. The requirement to obtain a permit to operate was removed from these rules effective July 26, 1995. Permits to operate issued before that date remain in effect and legally enforceable unless they are voided pursuant toR336.120I(6).

(h) "Person" means any ofthe following: (i) An individual person.(ii) Tmstee. (iii) Court-appointed representative. (iv) Syndicate. (v) Association. (vi) Partnership. (vii) Firm. (viii) Club. (ix) Company. (x) Corporation. (xi) Business trust. (xii) Institution. (xiii) Agency. (xiv) Government corporation. (xv) Municipal corporation. (xvi) City. (xvii) County. (xviii) Municipality. (xix) District. (xx) Other political subdivision, depmiment, bureau, agency, or instrumentality of federal, state, or local govenunent.

(xxi) Other entity recognized by law as the subject ofrights and duties. (i) "Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale, and coal gasification or liquefaction.

(j) "Petroleum refmery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, or the reforming of unfinished petroleum derivatives.

(k) "PM-I0" means particulate matter that has an aerodynamic diameter less than or equal to a nominal 10 micrometers, as measured by a reference test specified in 40 C.F.R. part 51, appendix M. PM-10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. Such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM-10.

(i) Title 40 C.F.R., pmt 51, appendix M, "Recommended Test Methods for State Implementation Plans." (20 12) is adopted by reference in these rules. A copy is available for inspection and purchase at the Air Quality Division, Department of Environmental Quality, 525 West Allegan Street, P. 

### 0. Box 30260, Lansing, MI 48909-7760, at a cost as of the time of adoption of these rules of $61.00. A copy may be obtained from the Superintendent ofDocuments, government Printing Office, P. 

### 0. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as ofthe time ofadoption ofthese rules of$51.00, or
on the United States government printing office internet website at http://www.acess.gpo.gov.

(I) "PM 2.5" means pmiiculate matter that has an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, as measured by a reference test specified in 40 C.F.R. pmt 51, appendix M. PM 2.5 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. Suchcondensable pmiiculate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM 2.5. The provisions of 40 C.F.R., part 51, appendix Mare adopted by reference 

### in R 336.1116 (k).

(m) "Potential emissions" means those emissions expected to occur without control equipment, unless this control equipment is, aside from air pollution control requirements, vital to production ofthe normal product ofthe source or to its normal operation. Annual potential emissions shall be based on the maximum annual-rated capacity ofthe source, unless the source is subject to enforceable permit conditions or enforceable orders that limit the operating rate or the hours of operation, or both. Enforceable agreements or permit conditions on the type or amount ofmaterials combusted or processed shall be used in determining the potential emission rate ofa source.

(n) "Potential to emit" means the maximum capacity ofa stationary source to emit an air contaminant under its physical and operational design. Any physical or operational limit

on the capacity ofthe stationary source to emit an air contaminant, including air pollution control equipment and restrictions on the hours of operation or the type or amount of material combusted, stored, or processed, shall be treated as pmi ofits design only ifthe limit, orthe effect it would have on emissions, is legally enforceable. Secondmyemissions shall not count in determining the "potential to emit" ofa stationary source. For hazardous air pollutants that have been listed pursuant to section 112(b) of the clean air act, quantifiable fugitive emissions shall be included in determining the potential to emit ofany stationmy source. For all other air contaminants, quantifiable fugitive emissions shall be included in determining the "potential to emit" ofa stationary source only ifthe stationary source belongs to I ofthe following categories:

(i) Coal cleaning plants that have thermal dryers. (ii) Kraft pulp mills. (iii) Pmiland cement plants. (iv) Primary zinc smelters. (v) Iron and steel mills. (vi) Primary aluminum ore reduction plants. (vii) Primmy copper smelters. (viii) Municipal incinerators capable ofcharging more than 50 tons ofrefuse per day. (ix) Hydrofluoric, sulfuric, ornitric acid plants. (x) Petroleum refineries. (xi) Lime plants. (xii) Phosphate rock processing plants. (xiii) Coke oven batteries. (xiv) Sulfur recove1y plants. (xv) Carbon black plants that have a furnace process. (xvi) Primmy lead smelters. (xvii) Fuel conversion plants. (xviii) Sintering plants. (xix) Secondary metal production plants. (xx) Chemical process plants. The term chemical process plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American industrial classification system codes 325 I93 or 312140.(xxi) Fossil fuel boilers (or combination thereof) totaling more than 250,000,000 Btu per hour heat input.

(xxii) Petroleum storage and transfer units that have a total storage capacity ofmore than 300,000 barrels or petroleum storage vessels that have a capacity of more than 40,000 gallons.

(xxiii) Taconite ore processing plants. (xxiv) Glass-fiber processing plants. (xxv) Charcoal production plants. (xxvi) Fossil fuel-fired steam electric plants ofmore than 250,000,000 Btu per hour heat input.

(xxvii) Asphalt concrete plants. (xxviii) Secondary lead smelters and refineries. (xxix) Sewage treatment plants. (xxx) Phosphate fertilizer plants. (xxxi) Ferroalloy production plants. (xxxii) Grain elevators. (xxxiii) Stationary gas turbines. (xxxiv) Stationary sources that are subject to the federal national emission standards for hazardous air pollutants for the following materials:

(A) Asbestos. (B) Beryllium. (C) Mercury. (D) Vinyl chloride. (o) "PPM" means pmis per million, by volume. (p) "Printed interior panel" means a panel which has its grain or natural surface obscured by fillers and basecoats and upon which a simulated grain or decorative pattern is printed.

(q) "Process" means an action, operation, or a series ofactions or operations at a source that emits or has the potential to emit an air contaminant. Examples ofa "process" include any ofthe following:

(i) A physical change ofa material. (ii) A chemical change ofa material. (iii) The combustion offuel, refuse, or waste material. (iv) The storage ofa material. (v) The handling ofa material. (r) "Process equipment" means all equipment, devices, and auxiliary components, including air pollution control equipment, stacks, and other emission points, used in a process.

(s) "Process unit turnaround" means the scheduled shutdown ofa refinery process unit for the purpose ofinspection or maintenance ofthe unit.

(t) "Production equipment exhaust system" means a device for collecting and removing, from the immediate area, fugitive air contaminants from any process equipment.

(u) "Psia" means pounds per square inch absolute. (v) "Publication rotogravure printing" means rotogravure printing upon a substrate that is subsequently formed into any ofthe following:

(i) Book. (ii) Magazine.(iii) Catalogue. (iv) Brochure. (v) Directory. (vi) Newspaper. (vii) Supplement. (viii) Other type ofprinted material. (w) "Pushing operation," with respect to coke ovens, means the movement ofthe coke from a coke oven into the coke-receiving car.

(x) "Pushside," with respect to a coke oven, means that side ofthe coke oven that is adjacent to the pushing machine.

R 336.1119 Definitions; S.

Rule 119. As used in these rules: (a) "Schedule ofcompliance" means, for purposes ofR 336.1201 to R 336.1218, all of the following:

(i) For a source not in compliance with all applicable requirements at the titne ofissuance of a renewable operatit1g permit, a schedule of remedial measures, it1cluding an enforceable sequence of actions or operations that specifies milestones, leading to compliance with an applicable requirement, and a schedule for submission of certified progress reports, at least every 6 months. The schedule shall resemble, and be at least as stringent as, a schedule contained in a judicial consent decree or administrative order to which the source is subject. A schedule shall be supplemental to, and shall not sanction noncompliance with, the applicable requirement on which it is based.

(ii) For a source in compliance with all applicable requirements at the titne ofissuance ofa renewable operating permit, a statement that the source will continue to comply with the requirements.

(iii) With respect to any applicable requit·ement that has a future effective compliance date that is after the date ofissuance and before the date ofexpiration ofthe renewable operating permit, the schedule ofcompliance shall contait1 a statement that the source will meet the requirement on a timely basis, unless the underlying applicable requirement requires a more detailed schedule.

(b) "Secondary emissions" means emissions which occur as a result ofthe construction

or operation ofa stationary source, but which do not come fi·om the stationary source itself. Secondary emissions include only emissions that are specific, well-defined, quantifiable, and impact the same general area as the stationaty source which causes the secondaty emissions. Secondary emissions also include emissions from any off-site suppmt facility which would not otherwise be constructed or increase its emissions except as a result ofthe constmction or operation of the stationary source. Examples of secondary emissions include the following:

(i) Emissions fi·om ships ortrains comitlg to or going from a stationaty source. (ii) Emissions fi·om any off-site suppmt facility that would not otherwise be constmcted or increase its emissions except as a result of the construction or operation ofthe stationaty

source.

(c) "Secondaty risk screening level" means the concentration ofa possible, probable, or known human carCinogen in ambient air which has been calculated, for regulatorypurposes, according to the risk assessment procedures in R 336.1229(1), to produce an estimated upper-bound lifetime cancer risk ofI in 100,000.

(d) "Shutdown" means the cessation ofoperation ofa source for any purpose. (e) "Significant" means a rate of emissions for the following air contaminants which would equal orexceed any ofthe following:

(i) Carbon monoxide - I00 tons peryear. (ii) Nitrogen oxides- 40 tons per year. (iii) Sulfur dioxide- 40 tons peryear. (iv) Pmticulate matter- 25 tons per year. (v) PM-10- 15 tons per year. (vi) PM2.5 - I0 tons per year. (vii) Volatile organic compounds- 40 tons per year. (viii) Lead

- 0.6 tons per year. (I) "Smoke" means small gas and airborne pmticles consisting essentially ofcarbonaceous material in sufficient numbers to be observable.

(g) "Sour condensate" means a condensate that emits sour gas at atmospheric pressure. (h) "Sour crude" means a crude oil that emits sour gas at atmospheric pressure. (i) "Sour gas" means any gas containing more than I grain ofhydrogen sulfide or more than I0 grains oftotal sulfur per I00 standard cubic feet.

(j) "Source sample" means any raw material, fuel, product, by-product, waste material, exhaust gas, air contaminant, flora, soil, or other such material existing as a gas, liquid, or solid, which is captured, retained, or collected fi·om a stationmy source.

(k) "Specific plate collection area" means the ratio ofthe total collection area to the total gas volume flow rate in square feet per 1,000 actual cubic feet per minute.

(I) "Stack" or "chimney" means a flue, conduit, or duct arranged to conduct a gas stream to the outer air.

(m) "Standard conditions" means a gas temperature of70 degrees Fahrenheit and a gas pressure of29.92 inches ofmercury absolute.

(n) "Standpipe assembly," with respect to coke ovens, means the riser, standpipe lid, and the gooseneck.

(o) "Standpipe assembly emission point," with respect to a coke oven battery equipped with a single collector main or a double collector main, means the flexible connection between the battery top and the base ofthe riser, the seating surface ofthe standpipe lid, and the second flexible connection wherever located, or another agreed upon connection that is located between the collector main and the gooseneck. With respect to a battery equipped with a charging main and a gas-offtake main in tandem, "standpipe assembly emission point" means the upper flange, the lower flange, the top lid, the bottom lid, the upper sand seal, the middle sand seal, and the lower base sand seal. With respect to a battery equipped with ajumper pipe ministandpipe, "standpipe assembly emission point"

means the flexible connection between the battery top and the base ofthe riser, the seating surface ofthe standpipe lid, the flexible connection between the collector main and the gooseneck, the ministandpipe lid, and the flexible connection between the battery top and thejumper pipe ministandpipe.

(p) "Start-up" means the setting in operation ofa process or process equipment for any purpose.(q) "State-only enforceable" means that the limitation or condition is derived solely fi·om the act and the air pollution control rules and is not federally enforceable. State-only enforceable requirements include R 336.1224, R 336.1225, R 336.1901, any permit requirement established solely pursuant to R 366.120I(I)(b), or any other regulation that is enforceable solelyunder the act and is not federally enforceable.

(r) "Stationary source" means all buildings, structures, facilities, or installations which emit or have the potential to emit I or more air contaminants, which are located at I or
more contiguous or adjacent properties, which are under the control ofthe same person, and which have the same 2-digit major group code associated with their primary activity. In addition, a stationary source includes any other buildings, stmctures, facilities, or installations which emit or have the potential to emit I or more air contaminants, which are located at I or more contiguous or adjacent properties, which are under the control ofthe

same person, and which have a different 2-digit major group code, but which support the primmy activity. Buildings, structures, facilities, or installations, are considered to support the primary activity if 50% or more oftheir output is dedicated to the primary activity. Major group codes and primary activities are described in the standard industrial classification manual, 1987. Notwithstanding the provisions ofthis subdivision, research and development activities, as described in R 336.1118, may be treated as a separate stationary source, unless the research and development activities support the primaty activity ofthe stationaty source.

(s) "Stationaty vessel" means any tank, reservoir, or container used for the storage ofany volatile organic compound which is not used to transport such volatile organic compound and in which no manufacturing process or part thereoftakes place.

(t) "Stencil coat" means a coating that is applied over a stencil to a plastic part at a thickness of I mil or less of coating solids. Stencil coats are most frequently letters, numbers, or decorative designs.

(u) "Styrene devolatilizer unit" means equipment performing the function ofseparating unreacted styrene monomer and other volatile components from polystyrene in a vacuum devolatilizer.

(v) "Styrene recovery unit" means equipment performing the function of separating styrene monomer from other less volatile components of the styrene devolatilizer unit's output. The separated styrene monomer may be reused as raw material in the manufacturing ofpolystyrene resin.

(w) "Submerged fill pipe" means any fill pipe that has its discharge opening entirely submerged when the liquid level is 6 inches above the bottom of the vessel or, when applied to a vessel that is loaded from the side, means either ofthe following;

(i) Any fill pipe that has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom ofthe vessel.

(ii) Any fill pipe that has its discharge opening entirely submerged when the liquid level is twice the diameter ofthe fill pipe above the bottom ofthe vessel, but in no case shall the top ofsuch submerged fill pipe be more than36 inches above the bottom ofthe vessel.

(x) "Sufficient evidence," a term ofart, means either ofthe following: (i) In human epidemiological studies, that the data indicate that there is a causal relationship between the agent and human cancer.

(ii) In animal studies, the data suggest that there is an increased incidence ofmalignant tumors or combined malignant and benign tumors in any ofthe following:(A) Multiple species or strains. (B) Multiple experiments. (C) To an unusual degree in a single experiment with regard to high incidence, unusual site or type oftumor, or early age at onset.

(y) "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere ofsulfur dioxide orother sulfur compounds.

(z) "Surface coating" means any paint, lacquer, varnish, ink, adhesive, or other coating material applied on a surface.

(aa) "Sweet condensate" means any condensate that is not a sour condensate. (bb) "Sweet cmde" means any crude oil that is not a sour crude. (cc) "Sweetening facility" means a facility or process that removes hydrogen sulfide or sulfllr-containing compounds, or both, from a sour gas, sour crude oil, or sour condensate stream and converts it to sweet gas, sweet crude, or sweet condensate. The term "sweetening facility" does not include a facility or process that operates in an enclosed system and does not emit hydrogen sulfide to the outer air.

(dd) "Sweet gas" means any gas that is not a sour gas. (ee) "Synthetic organic chemical and polymer manufacturing plant" means a stationary

source where the production, as intermediates or final products, of I or more of the following chemicals takes place:

(i) Methyl teJt-butyl ether. (ii) Polyethylene. (iii) Polypropylene. (iv) Polystyrene. (v) Synthetic organic chemicals listed in section 489 of40 C.F.R. pmt 60, subpart VV, entitled "Standards ofPerformance for Equipment Leaks ofVOC in the Synthetic Organic Chemicals Manufacturing Industry," which is adopted by reference in R 336.1628(1).

(ff) "Synthetic organic chemical and polymer manufacturing process unit" means all process equipment assembled to manufacture, as intermediates or final products, I or more of the chemicals listed in the definition of synthetic organic chemical and polymer manufacturing plant. A synthetic organic chemical and polymer manufacturing process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product.

R 336.1122 Definitions; V.

Rule 122. As used in these rules: (a) "Vacuum-metalizing coatings" means topcoats and basecoats that are used in the vacuum-metalizing process.

(b) "Vacuum-producing system" means any device that creates a pressure below atmospheric, such as a pump or steam ejector with condenser, including hot wells and accumulators.

(c) "Vapor collection system," as it pertains to R 336.1627, means all piping, seals, hoses, connections, pressure-vacuum vents, and any other equipment between and including the delivery vessel and a stationary vessel, vapor processing unit, or vapor holder.(d) "Vety large precipitator" means an electrostatic precipitator that has a specific plate collection area of600 square feet ormore per 1,000 actual cubic feet per minute gas flow.

(e) "Visible emission" means any emissions that are visually detectable withoutthe aid of instruments.

(f) "Volatile organic compound" means any compound of carbon or mixture of compounds ofcarbon that participates in photochemical reactions, excluding the following materials, all of which have been determined by the United States environmental protection agency to have negligible photochemical reactivity:

(i) Carbon monoxide. (ii) Carbon dioxide. (iii) Carbonic acid. (iv) Metallic carbides or carbonates. (v) Boron carbide. (vi) Silicon carbide. (vii) Ammonium carbonate. (viii) Ammonium bicarbonate. (ix) Methane. (x) Ethane. (xi) The methyl chloroform portion ofcommercial grades ofmethyl chloroform, ifall of the following provisions are complied with: ·

(A) The commercial grade of methyl chloroform is used only in a surface coating or coating line that is subject to the requirements ofpart 6 or 7 ofthese rules.

(B) The commercial grade ofmethyl chloroform contains no stabilizers other than those listed in table II.

(C) Compliance with the applicable limits specified in part 6 or 7 of these mles is otherwise not technically or economically reasonable.

(D) All measures to reduce the levels ofall organic solvents, including the commercial grade of methyl chloroform, from the surface coating or coating line to the lowest reasonable level will be implemented.

(E) The emissions of the cmmnercial grade of methyl chloroform do not result in a maximum ambient air concentration exceeding any of the allowable ambient air concentrations listed in table II.

(F) The use ofthe commercial grade ofmethyl chloroform is specifically identified and allowed by a permit to install, permit to operate, ororder ofthe department.

(G) Table II reads as follows:



### TABLEll

Cmmnercial Grade ofMethyl Chloroform-- Allowable Ambient Air Concentrations 

# I Compound 

# I Ppm 1 

# I Time2

Methyl chloroform 3.5 I hour Tertiary butyl alcohol' 1.0 I hour Secondary butyl alcohol' 1.0 l hour Methylal3 10.0 l hour

l,2-butylene oxide' 0.028 l hour and 

# I0.00041 annual l. Parts per million, byvolume 2. Averaging time period 3. This compound is a stabilizer

(xii) The methyl chloroform portion of commercial grades of methyl chloroform that contain any other stabilizer not listed in table 11 of this rule, if all of the following provisions are complied with:

(A) The commercial grade ofmethyl chloroform is used only in a surface coating or coating line that is subjectto the requirements ofpart 6 or 7 ofthese rules.

(B) Compliance with the applicable limits specified in part 6 or 7 of these rules is otherwise not teclmically or economically reasonable.

(C) All measures to reduce the levels ofall organic solvents, including the commercial grade of methyl chloroform, from the surface coating or coating line to the lowest reasonable level will be implemented.

(D) The emissions ofany compound in the commercial grade ofmethyl chloroform that is listed in table II of this rule do not result in a maximum ambient air concentration exceeding any ofthe allowable ambient air concentrations listed in table 11.

(E) The emission ofall compounds in the commercial grade ofmethyl chloroform that

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

(F) The use ofthe commercial grade ofmethyl chloroform is specifically identified and allowed by a permit to install, permit to operate, ororder ofthe depatiment.

(xiii) Acetone. (xiv) Cyclic, branched, or linear completely methylated siloxanes. (xv) Parachlorobenzotrifluoride. (xvi) Perchloroethylene. (xvii) Trichlorofluoromethane (CFC-11). (xviii) Dichlorodifluoromethane (CFC-12). (xix) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113). (xx) 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114). (xxi) Chloropentafluoroethane (CFC-115). (xxii) 1,1-dichloro 1-fluoroethane (HCFC-141b). (xxiii) 1,chioro 1,1-difluoroethane (HCFC-142b). (xxiv) Chlorodifluoromethane (HCFC-22). (lLxv) 1, 1,1-trifluoro 2,2-dichloroethane (HCFC-123). (xxvi) 2-chloro-1,1, 1,2-tetrafluoroethane (HCFC-124). (xxvii) Trifluoromethane (HFC-23). (xxviii) Pentafluoroethane (HFC-125). (xxix) 1, 1,2,2-tetrafluoroethane (HFC-134). (xxx) 1,I,I,2-tetrafluoroethane (HFC-134a). (xxxi) 1, 1, 1-trifluoroethane (HFC-143a). (xxxii) I, 1-difluoroethane (HFC-152a). (xxxiii) 3,3-dichloro-1, I, 1,2,2-pentafluoropropane (HCFC-225ca). (xxxiv) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb). (xxxv) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee). (xxxvi) Difluoromethane (HFC-32). (xxxvii) Ethyl fluoride (HFC-161).(xxxviii) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa). (xxxix) I, I,2,2,3-pentafluoropropane (HFC-245ca). (xi) I,I,2,3,3- pentafluoropropane ( HFC-245ea). (xli) I, I,I,2,3- pentafluoropropane (HFC-245eb). (xlii) I, I, 1,3,3- pentafluoropropane (HFC-245fa). (xliii) I,I,I,2,3,3-hexafluoropropane (HFC-236ea). (xliv) I,I,I,3,3-pentafluorobutane (HFC365mfc). (xlv) Chlorofluoromethane (HCFC-31). (xlvi) 1,2-dichloro-1,I,2-trifluoroethane (HCFC-123a). (xlvii) 1-chlor-1-fluoroethane (HCFC-151a). (xiviii) I,I,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3orHFE-7100). (xlix) 2-(difluoromethoxymethyl)-1,I,I,2,3,3,3-heptafluoropropane. (I) 1-ethoxy-1,I,2,2,3,3,4,4,4-nonafluorobutane (C4 F

9

0C2H5 or HFE-7200). (Ii) 2-(ethoxydifluoromethyl)-1,I,I,2,3,3,3-heptafluoropropane. (Iii) Methyl acetate. (liii) Perfluorocarbon compounds that fall into the following classes: (A) Cyclic, branched, or linear, completely fluorinated alkanes. (B) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations. (C) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations.

(D) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

(liv) Methylene chloride. (lv) I, I,I,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F70CH3, HFE-7000). (!vi) 3-ethoxy-1,I,I,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE7500).

(!vii) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) (!viii) Methyl formate (HCOOCH3). (lix) T-butyl acetate is not a volatile organic compound for purposes ofvolatile organic compound emissions limitations or volatile organic compound content requirements but is

a volatile organic compound for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements, which apply to volatile organic compounds and shall be uniquely identified in emission reports.

(lx) I,I,I,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300) (!xi) Dimethyl carbonate (lxii) Propylene carbonate (lxiii) 2,3,3,3-tetrafluoropropene (HF0-1234yf) (lxiv) Trans-1,3,3,3-tetrafluoropropene (HF0-1234ze) The methods described in R 336.2004 and R 336.2040 shall be used for measuring volatile organic compounds for purposes ofdetermining compliance with emission limits. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-photochemical reactive compounds may be excluded as volatile organic compounds ifthe amount ofsuch compounds is accurately quantified and such exclusion is approved by the depmiment.MICHIGAN DEPARTMENTOF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

PART 1. GENERALPROVISIONS

Proposed Draft April27, 2012

Filed with the Secretary ofState on

These rules become effective immediatelyupon filing with the SecretaryofState 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 SecretaryofState.

(By authority conferred on the director ofenvironmental quality by Pmt 55, AirPollution Control, ofthe Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.5501 to 324.5542, as amended)

R 336.1116, R 336.1119, and R 336.1122 ofthe Michigan Administrative Codeare amended to read as follows;

R 336.1116 Definitions; P.

Rule 116. As used in these rules: (a) "Packaging rotogravure printing" means rotogravure printing upon a substratethat, in subsequent operations, is formed into a packaging product or label, or both.

(b) "Paintmanufacturing" means the grinding or mixing ofa combination ofpigments, resins, and liquids to produce a surface coating as listed in standard industrial classification code 2851.

(c) "Pmticulatematter" means any air contaminant existing as a finely divided liquid or solid, otherthan uncombined water, as measured by a reference test specified in R 336.2004(5) or by an equivalent or alternative method.

(d) "Perchloroethylene dry cleaning equipment" means equipment utilized in the cleaning offabrics for which perchloroethylene (tetrachloroethylene) is the predominant cleaning medium.

(e) "Performance test" means the taking ofa source sample at a stationary source, employing depmtment-approved methods, to determine either ofthe following:

(i) Compliance with the depmtment's rules, orders, oremission limitations. (ii) Compliance with the conditions ofa permitto install orpermitto operate. (f) "Permitto install" means a permit issued by the depmtment authorizingthe construction, installation, relocation, or alteration ofanyprocess, fuel-burning, refuseburning, or control equipment in accordance with approved plans and specifications.

(g) "Permit to operate" means a permit issued bythe department authorizing the use of any process, fuel-burning, refuse-burning, orcontrol equipment for the period indicated after it has been demonstrated that it can be operated in compliance with theserules. The requirement to obtain a permit to operate was removed limn these rules effective July 26,

4/27112

### 2

1995. Permits to operate issued before that date remain in effect and legally enforceable unless they are voided pursuant toR 336.1201(6).

(h) "Person" means any ofthe following: (i) An individual person. (ii) Trustee. (iii) Comt-appointed representative. (iv) Syndicate. (v) Association. (vi) Partnership. (vii) Firm. (viii) Club. (ix) Company. (x) Corporation. (xi) Business tmst. (xii) Institution. (xiii) Agency. (xiv) Government corporation. (xv) Municipal corporation. (xvi) City. (xvii) County. (xviii) Municipality. (xix) District. (lLx) Otherpolitical subdivision, department, bureau, agency, or instnunentality of federal, state, or local government.

(xxi) Other entity recognized by law as the subject ofrights and duties. (i) "Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale, and coal gasification or liquefaction.

U) "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, or the reforming ofunfinished petroleum derivatives.

(k) "PM-10" means particulate matter that has an aerodynamic diameter less than or equal to a nominal!0 micrometers, as measured by a reference test specified 

### in 40 C.F.R. part 51, appendix M. PM-10 emissions shall include gaseous emissions from a source
or activity which condense to form particulatematter at ambient temperatures. Such condensable particulate mattershall be accounted for in applicability determinations and in establishing emissions limitations for PM-10.

(i) Title 40 C.F.R., part51, appendixM, "Recommended TestMethods for State Implementation Plans." (2011) is adopted by reference in these rules. A copy is available for inspection and purchase at theAir Quality Division, Departmentof Environmental Quality, 525 WestAllegan Street,P. 

### 0.Box 30260, Lansing,MI 48909-7760, at a costas ofthe timeofadoption ofthese rules of$61.00. A copy may be obtained from the SuperintendentofDocuments, governmentPrinting Office, P. 

### 0. Box 371954, Pittsburgh,Pennsylvania 15250-7954, at a cost as ofthe time of adoption ofthese rules of$51.00, or on theUnited States governmentprinting office internetwebsite athttp://www.acess.gpo.gov.

### 3

(I) "PM2.5" means particulatematter thathas an aerodynamicdiameter less than

orequal to a nominal2.5 micrometers, as measured by a reference test specified in 40 C.F.R. part51, appendix M. PM2.5 emissions shall include gaseous emissions from a
source oractivitywhich condense to form particulate matter at ambient temperatures. Such condensable particulatemattershall he accounted for in applicability determinations and in establishing emissions limitations for PM2.5. The provisions of40 C.F.R., part51, appendix Mare adopted by reference in R 336.1116 (k)

..

(m)f!j "Potential emissions" means those emissions expected to occur without control equipment, unless this control equipment is, aside fi·om air pollution control requirements, vital to production ofthe normal product ofthe source or to its normal operation. Annual potential emissions shall be based on the maximum annual-rated capacity ofthe source, unless the source is subject to enforceable permit conditions or enforceable orders that limit the operating rate or the hours of operation, or both. Enforceable agreements or permit conditions on the type or amount ofmaterials combusted or processed shall be used in determining the potential emission rate ofa source.

(n)€m3 "Potential to emit" means the maximum capacity ofa stationary source to emit an air contaminant under its physical and operational design. Anyphysical oroperational limit on the capacity ofthe stationary source to emit an air contaminant, including air pollution control equipment and restrictions on the hours ofoperation orthe type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design only ifthe limit, or the effect it would have on emissions, is legally enforceable. Secondary emissions shall not count in determining the "potential to emit" ofa stationary

source. Forhazardous air pollutants that have been listed pursuant to section 112(b) ofthe clean air act, quantifiable fugitive emissions shall be included in determining the potential to emit ofany stationary source. For all other air contaminants, quantifiable fugitive emissions shall be included in determining the "potential to emit" ofa stationary source only ifthe stationary source belongs to I ofthe following categories:

(i) Coal cleaning plants that have thermal dryers. (ii) Kraft pulp mills. (iii) Portland cement plants. (iv) Primary zinc smelters. (v) Iron and steel mills. (vi) Primary aluminum ore reduction plants. (vii) Primary copper smelters. (viii) Municipal incinerators capable ofcharging more than 50 tons ofrefuse per day. (ix) Hydrofluoric, sulfuric, ornitric acid plants. (x) Petroleum refineries. (xi) Lime plants. (xii) Phosphate rock processing plants. (xiii) Coke oven batteries. (xiv) Sulfurrecovery plants. (xv) Carbon black plants that have a furnace process. (xvi) Primary lead smelters. (xvii) Fuel conversion plants. (xviii) Sintering plants.

### 4

(xix) Secondary metal production plants. (xx) Chemical process plants. The term chemical process plant shall notinclude ethanol production facilities that produce ethanol by natural fermentation included in North American industrial classification system codes 325193 or312140.

(xxi) Fossil fuel boilers (or combination thereof) totaling morethan 250,000,000 Btu per hour heat input.

(xxii) Petroleum storage and transfer units that have a total storage capacity ofmore than 300,000 barrels or petroleum storage vessels that have a capacity ofmore than 40,000 gallons.

(xxiii) Taconite ore processing plants. (xxiv) Glass-fiber processing plants. (xxv) Charcoal production plants. (xxvi) Fossil fuel-fired steam electric plants ofmore than 250,000,000 Btu per hour heat input.

(xxvii) Asphalt concrete plants. (xxviii) Secondary lead smelters and refineries. (xxix) Sewagetreatment plants. (xxx) Phosphate fe1tilizer plants. (xxxi) Ferroalloy production plants. (xxxii) Grain elevators. (xxxiii) Stationary gas turbines. (xxxiv) Stationary sourcesthat are subject to the federal national emission standards for hazardous air pollutants for the following materials:

(A) Asbestos. (B) Beryllium. (C) Mercury. (D) Vinyl chloride. (o)W "PPM" means parts per million, by volume. (p)fnj "Printed interior panel" means a panel which has its grain or natural surface obscured by fillers and basecoats and upon which a simulated grain or decorative pattern is printed.

(q)&lf "Process" means an action, operation, or a series ofactions or operations at a
source that emits orhas the potential to emit an air contaminant. Examples ofa "process" include any ofthe following:

(i) A physical change ofa material. (ii) A chemical change ofa material. (iii) The combustion offuel, refhse, orwaste material. (iv) The storage ofa material. (v) The handling ofa material. (r)t<Jj "Process equipment" means all equipment, devices, and auxiliary components, including air pollution control equipment, stacks, and other emission points, used in a process.

(s)fB "Process unit turnaround" means the scheduled shutdown ofa refinery process unit for the purpose ofinspection or maintenance ofthe unit.

(t)W "Production equipment exhaust system" means a device for collecting and removing, from the immediate area, fugitive air contaminants from any process equipment.

### 5

(u)Etj "Psia" means pounds per square inch absolute. (v)W "Publication rotogravure printing" means rotogravure printing upon a substrate that is subsequently formed into any ofthe following:

(i) Book. (ii) Magazine. (iii) Catalogue. (iv) Brochure. (v) Directory. (vi) Newspaper. (vii) Supplement. (viii) Othertype ofprinted material. 

### (w)M "Pushingoperation," with respect to coke ovens, means the movement ofthe coke from a coke oven into the coke-receiving car.

(x){w) "Pushside," with respect to a coke oven, means that side ofthe coke oven that is adjacent to the pushing machine.

R 336.1119 Definitions; S.

Rule 119. As used in these rules: (a) "Schedule ofcompliance" means, for purposes ofR 336.1201 toR 336.1218, all of the following:

(i) For a source not in compliance with all applicable requirements at the time ofissuance ofa renewable operating permit, a schedule ofremedial measures, including an enforceable sequence ofactions oroperationsthat specifies milestones, leading to compliance with an applicable requirement, and a schedule for submission ofcertified progress rep011s, at least every 6 months. The schedule shall resemble, and be at least as stringent as, a schedule contained in ajudicial consent decree or administrative order to which the source is subject. A schedule shall be supplemental to, and shall not sanction noncompliance with, the applicable requirement on which it is based.

(ii) For a source in compliance with all applicable requirements at the time ofissuance ofa renewable operating permit, a statement that the source will continueto comply with the requirements.

(iii) With respect to any applicable requirement that has a fhture effective compliance date that is afterthe date ofissuance and before the date ofexpiration ofthe renewable operating permit, the schedule ofcompliance shall contain a statementthat the source will meet the requirement on a timelybasis, unless the underlying applicable requirement requires a more detailed schedule.

(b) "Secondaryemissions" means emissions which occur as a result ofthe construction

oroperation ofa stationary source, but which do not come from the stationary source itself. Secondaryemissions include onlyemissions that are specific, well-defined, quantifiable, and impactthe same general area as the stationary source which causes the secondary emissions. Secondaryemissions also include emissions from any off-site supp01i facility which would not otherwise be constructed or increase its emissions except as a result ofthe construction oroperation ofthe stationary source. Examples ofsecondary emissions include the following:

(i) Emissions fi·01n ships ortrains coming to orgoing from a stationary source.

### 6

(ii) Emissions limn any off-site suppmt facility thatwould nototherwise be constructed or increase its emissions except as a result ofthe construction or operation ofthe stationary

source.

(c) "Secondaryrisk screening level" means the concentration ofa possible, probable, or known human carcinogen in ambient air which has been calculated, for regulatory purposes, according to the risk assessment procedures in R 336.1229(1), to produce an estimated upper-bound lifetime cancer risk of I in I00,000.

(d) "Shutdown" means the cessation ofoperation ofa source for anypurpose. (e) "Significant" means a rate ofemissions for the following air contaminants which would equal orexceed any ofthe following:

(i) Carbon monoxide- I00 tons per year. (ii) Nitrogen oxides

- 40 tons per year. (iii) Sulfur dioxide- 40 tons per year. (iv) Particulate matter- 25 tons per year. (v) PM-10 -15 tons per year

.

. (vi) PM

### 2.5

- 10 tons peryear.**(vii)~** Volatile organic compounds

- 40 tons peryear.

(viii)tv-iB Lead

- 0.6 tons per year. (l) "Smoke" means small gas and airborne patticles consisting essentially ofcarbonaceous material in sufficient numbers to be observable.

(g) "Sour condensate" means a condensate that emits sour gas at atmospheric pressure. (h) "Sour crude" means a crude oil that emits sour gas at atmospheric pressure. (i) "Sour gas" means any gas containing more than I grain ofhydrogen sulfide or more than I0 grains oftotal sulfurper I00 standard cubic feet.

(j) "Source sample" means any raw material, fuel, product, by-product, waste material, exhaust gas, air contaminant, flora, soil, or other such material existing as a gas, liquid, or solid, which is captured, retained, or collected fi·om a stationary source.

(k) "Specificplate collection area" means the ratio ofthe total collection area to the total gas volume flow rate in square feet per I,000 actual cubic feet per minute.

(I) "Stack" or "chimney" means a flue, conduit, orduct arranged to conduct a gas stream to the outer air.

(m) "Standard conditions" means a gas temperature of70 degrees Fahrenheit and a gas pressure of29.92 inches ofmercury absolute.

(n) "Standpipe assembly," with respect to coke ovens, means the riser, standpipe lid, and the gooseneck.

(o) "Standpipe assembly emission point," with respect to a coke oven battery equipped with a single collectormain or a double collector main, means the flexible connection between the battery top and the base ofthe riser, the seating surface ofthe standpipe lid, and the second flexible connection wherever located, or another agreed upon connection that is located between the collector main and the gooseneck. With respect to a battery equipped with a charging main and a gas-offtake main in tandem, "standpipe assembly emission point" means the upper flange, the lower flange, the top lid, the bottom lid, the upper sand seal, the middle sand seal, and the lower base sand seal. With respect to a battery equipped with ajumperpipe ministandpipe, "standpipe assembly emission point"

means the flexible cmmection between the battery top and the base ofthe riser, the seating surface ofthe standpipe lid, the flexible connection between the collector main and the

### 7

gooseneck, the ministandpipe lid, and the flexible connection between the battery top and thejumperpipe ministandpipe.

(p) "Start-up" means the setting in operation ofa process or process equipment for any purpose.

(q) "State-only enforceable" means that the limitation orcondition is derived solely from the act and the air pollution control rules and is not federally enforceable. State-only enforceable requirements include R 336.1224, R 336.1225, R 336.190l, any permit requirement established solely pursuant toR 366.1201(1)(b), or any other regulation that is enforceable solelyunder the act and is not federally enforceable.

(r) "Stationary source" means all buildings, structures, facilities, or installations which emit or have the potential to emit 1 or more air contaminants, which are located at 1or
more contiguous oradjacent properties, which are under the control ofthe same person, and which have the same 2-digit major group code associated with their primary activity. In addition, a stationary source includes any other buildings, structures, facilities, or installations which emit orhave the potential to emit l or more air contaminants, which are located at 1or more contiguous or adjacent properties, which are under the control ofthe

same person, and which have a different 2-digit major group code, but which support the primary activity. Buildings, structures, facilities, or installations, are considered to supp01t the primary activity if50% or more oftheir output is dedicated to the primary activity. Major group codes and primary activities are described in the standard industrial classification manual, 1987. Notwithstanding the provisions ofthis subdivision, research and development activities, as described in R 336.1118, may be treated as a separate stationary source, unless the research and development activities supp01t the primary activity ofthe stationary source.

(s) "Stationary vessel" means any tank, reservoir, or container used for the storage ofany volatile organic compound which is not used to transpmt such volatile organic compound and in which no manufacturing process or part thereoftakes place.

(t) "Stencil coat" means a coating that is applied over a stencil to a plastic part at a thickness of 1mil or less ofcoating solids. Stencil coats are most fi·equently letters, numbers, ordecorative designs.

(u) "Styrene devolatilizer unit" means equipment performing the function ofseparating unreacted styrene monomer and other volatile components from polystyrene in a vacuum devolatilizer.

(v) "Styrenerecovery unit" means equipment performing the function ofseparating styrene monomer from other less volatile components ofthe styrene devolatilizer unit's output. The separated styrene monomer maybe reused as raw material in the manufacturing ofpolystyrene resin.

(w) "Submerged fill pipe" means any fill pipe that has its discharge opening entirely submerged when the liquid level is 6 inches above the bottom ofthe vessel or, when applied to a vessel that is loaded fi·om the side, means either ofthe following:

(i) Any fill pipe that has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom ofthe vessel.

(ii) Any fill pipe that has its discharge opening entirely submerged when the liquid level is twice the diameter ofthe fill pipe above the bottom ofthe vessel, but in no case shall the top ofsuch submerged fill pipe be more than 36 inches above the bottom ofthe vessel.

(x) "Sufficient evidence," a term ofart, means either ofthe following:

### 8

(i) In human epidemiological studies, that the data indicate that there is a causal relationship between the agent and human cancer.

(ii) In animal studies, the data suggest that there is an increased incidence ofmalignant tumors or combined malignant and benign tumors in any ofthe following:

(A) Multiple species or strains. (B) Multiple experiments. (C) To an unusual degree in a single experiment with regard to high incidence, unusual site or type oftumor, orearly age at onset.

(y) "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfttric acid is utilized primarily as a means of preventing emissions to the atmosphere ofsulfur dioxide or other sulfttr compounds.

(z) "Surface coating" means any paint, lacquer, varnish, ink, adhesive, orother coating material applied on a surface.

(aa) "Sweetcondensate" means any condensate that is not a sour condensate. (bb) "Sweetcrude" means any crude oil that is not a sour crude. (cc) "Sweetening facility" means a facility or process that removes hydrogen sulfide or sulfttr-containing compounds, or both, from a sour gas, sour crude oil, or sour condensate stream and converts it to sweet gas, sweet crude, orsweet condensate. The term "sweetening facility" does not include a facility or process that operates in an enclosed system and does not emit hydrogen sulfide to the outer air.

(dd) "Sweet gas" means any gas that is not a sour gas. (ee) "Synthetic organic chemical and polymer manufacturing plant" means a stationary

source where the production, as intermediates or final products, ofI ormore ofthe following chemicals takes place:

(i) Methyl lett-butyl ether. (ii) Polyethylene. (iii) Polypropylene. (iv) Polystyrene. (v) Synthetic organic chemicals listed in section 489 of40 C.F.R. part 60, subpattVV, entitled "Standards ofPerformance for Equipment Leaks ofVOC in the Synthetic Organic Chemicals Manufacturing Industry," which is adopted by reference in R 336.1628(1).

(ff) "Synthetic organic chemical and polymer manufacturing process unit" means all process equipment assembled to manufacture, as intermediates or final products, I or more ofthe chemicals listed in the defmition ofsynthetic organic chemical and polymer manufacturing plant. A synthetic organic chemical and polymer manufacturing process unit can operate independently ifsupplied with sufficient feed orraw materials and sufficient storage facilities for the product.

R 336.1122 Definitions; V.

Rule 122. As used in these rules: (a) "Vacuum-metalizing coatings" means topcoats and basecoats that are used in the vacuum-metalizing process.

(b) "Vacuum-producing system" means any device that creates a pressure below atmospheric, such as a pump orsteam ejector with condenser, includinghot wells and accumulators.

### 9

(c) "Vapor collection system," as it pertains toR 336.1627, means all piping, seals, hoses, connections, pressure-vacuum vents, and any other equipment between and including the delivery vessel and a stationary vessel, vapor processing unit, or vapor holder.

(d) "Very large precipitator" means an electrostaticprecipitatorthat has a specific plate collection area of600 square feet or more per 1,000 actual cubic feet per minute gas flow.

(e) "Visible emission" means any emissions that are visually detectable without the aid of instruments.

(f) 

### "Volatile organic compound" means any compound ofcarbon or mixture of compounds ofcarbon that participates in photochemical reactions, excluding the following materials, all ofwhich have been determined by the United States environmental protection agency to have negligible photochemical reactivity:

(i) Carbon monoxide. (ii) Carbon dioxide. (iii) Carbonic acid. (iv) Metallic carbides orcarbonates. (v) Boron carbide. (vi) Silicon carbide. (vii) Ammonium carbonate. (viii) Ammonium bicarbonate. (ix) Methane. (x) Ethane. (xi) The methyl chloroform portion ofcommercial grades ofmethyl chloroform, ifall of the following provisions are complied with:

(A) The commercial grade ofmethyl chloroform is used only in a surface coating or coating line that is subject to the requirements ofpart 6 or 7 ofthese rules.

(B) The commercial grade ofmethyl chloroform contains no stabilizers other than those listed in table 11.

(C) 

### Compliance with the applicable limits specified in part 6

### or 7

### ofthese rules is otherwise not technically oreconomicallyreasonable.

(D) 

### All measures to reduce the levels ofall organic solvents, including the commercial grade ofmethyl chloroform, from the surface coating or coating line to the lowest reasonable level will be implemented.

(E) The emissions ofthe commercial grade ofmethyl chloroform do not result in a maximum ambient air concentration exceeding any ofthe allowable ambient air concentrations listed in table 11.

(F) 

### The use ofthe commercial grade ofmethyl chloroform is specifically identified and allowed by apermit to install, permit to operate, or order ofthe depa1tment.

(G) Table ll reads as follows:

TABLE 11

Commercial Grade ofMethyl Chloroform-- Allowable Ambient Air Concentrations

Compound Ppm1 Time2 

### Methyl chloroform 3.5 l hour

### 10

Tertiary butyl alcohof l.O l hour Secondarybutvl alcohol3 l.O l hour Methvlal' 10.0 1hour 0.028 1hour 1 ,2-butylene oxide3 and 0.00041 annual



# .. l. Parts per mtlhon, by volume 2. Averaging time period 3. This compound is a stabilizer

(xii) The methyl chloroform portion ofcommercial grades ofmethyl chloroform that contain any other stabilizernot listed in table 11 ofthis rule, ifall ofthe following provisions are complied with:

(A) The commercial grade ofmethyl chloroform is used only in a surface coating or coating line that is subjectto the requirements ofpart 6 or7 ofthese rules.

(B) Compliance with the applicable limits specified in part 6 or7 ofthese mles is otherwise not technically or economically reasonable.

(C) All measures to reduce the levels ofall organic solvents, including the commercial grade ofmethyl chloroform, from the surface coating orcoating line to the lowest reasonable level will be implemented.

(D) The emissions ofany compound in the commercial grade ofmethyl chloroform that is listed in table 11 ofthis rule do not result in a maximum ambient air concentration exceeding any ofthe allowable ambient air concentrations listed in table ll.

(E) The emission ofall compounds in the commercial grade ofmethyl chloroform that

are not listed in table ll is demonstrated to complywith R 336.190I.

(F) The use ofthe commercial grade ofmethyl chloroform is specifically identified and allowed by a permitto install, permitto operate, or order ofthe department.

(xiii) Acetone. (xiv) Cyclic, branched, or linear completely methylated siloxanes. (xv) Parachlorobenzotrifluoride. (xvi) Perchloroethylene. (xvii) Trichlorofluoromethane (CFC-11). (xviii) Dichlorodifluoromethane (CFC-12). (xix) l,1,2-trichloro-1,2,2-trifluoroethane (CFC-113). (xx) 1,2-dichloro I, 1,2,2-tetrafluoroethane (CFC-114). (xxi) Chloropentafluoroethane (CFC-115). (xxii) I, 1-dichloro 1-fluoroethane (HCFC-141b). (xxiii) 1,chloro 1, 1-difluoroethane (HCFC-142b). (xxiv) Chlorodifluoromethane (HCFC-22). (x.w) 1, 1, 1-trifluoro 2,2-dichloroethane (HCFC-123). (xxvi) 2-chloro-1,1, 1,2-tetrafluoroethane (HCFC-124). (xxvii) Trifluoromethane (HFC-23). (x.wiii) Pentafluoroethane (HFC-125). (xxix) I,I,2,2-tetrafluoroethane (HFC-134). (xxx) 1,1,1,2-tetrafluoroethane (HFC-134a). (xxxi) I,I, 1-trifluoroethane (HFC-143a). ·

### 11

(xxxii) I, 1-difluoroethane (HFC-152a). (xxxiii) 3,3-dichloro-1, I,1,2,2-pentafluoropropane (I-ICFC-225ca). (xxxiv) I,3-dichloro-1,I,2,2,3-pentafluoropropane (HCFC-225cb). (xxxv) I, I,I,2,3,4,4,5,5,5-decafluoropentane (HFC 43-1Omee). (xxxvi) Difluoromethane (HFC-32). (xxxvii) Ethyl fluoride (HFC-161). (xxxviii) I, I,I,3,3,3-hexafluoropropane (HFC-236fa). (xxxix) I, 1,2,2,3-pentafluoropropane (HFC-245ca). (xi) I,I,2,3,3- pentafluoropropane ( HFC-245ea). (xli) I,I,1,2,3- pentafluoropropane (HFC-245eb). (xlii) 1,1,1,3,3- pentafluoropropane (HFC-245fa). (xliii) I,I,1,2,3,3-hexafluoropropane (HFC-236ea). (xliv) I, I, 1,3,3-pentafluorobutane (HFC365mfc). (xlv) Chlorofluoromethane (HCFC-31). (xlvi) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a). (xlvii) 1-chlor-1-fluoroethane (HCFC-151a). (xlviii) I, I,I,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3or HFE-7100). (xlix) 2-(difluoromethoxymethyl)-1,I,I,2,3,3,3-heptafluoropropane. (I) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F90C2H5 or HFE-7200). (li) 2-(ethoxydifluoromethyl)-1,I,I,2,3,3,3-heptafluoropropane. (Iii) Methyl acetate. (!iii) Perfluorocarbon compoundsthat fall into the following classes: (A) Cyclic, branched, or linear, completely fluorinated alkanes. (B) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations. (C) Cyclic, branched, or linear, completely fluorinated tettiary amines with no unsaturations.

(D) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

(liv) Methylene chloride. (lv) 1,1, 1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F70CH3, HFE-7000). (!vi) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE7500).

(!vii) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) (!viii) Methyl formate (HCOOCH3). (lix) T-butyl acetate is not a volatile organic compound for purposes ofvolatile organic compound emissions limitations orvolatile organic compound contentrequirements but is

a volatile organic compound for purposes ofall recordkeeping, emissions repmting, photochemical dispersion modeling and inventory requirements, which apply to volatile organic compounds and shall be uniquely identified in emission reports.

(lx) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300) (lxi) Dimethyl carbonate (lxii) Propylene carbonate (lxiii) 2,3,3,3-tetrafluoropropene (HF0-1234yf) (lxiv) Trans-1,3,3,3-tetrafluoropropene (HF0-1234ze) Themethods described in R 336.2004 and R 336.2040 shall be used for measuring volatile organic compounds for purposes ofdetermining compliance with emission limits.

### 12

Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-photochemical reactive compounds may be excluded as volatile organic compounds ifthe amount ofsuch compounds is accurately quantified and such exclusion is approved by the department.

# Attachment B; 

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### ISTATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

LANSING 

# DEC

RICK SNYDER

GOVERNOR


### October 19, 2012

Ms. Deidre O'Berry Office of Regulatory Reinvention Department of Licensing and Regulatory Affairs George W. Romney Building, 4th Floor 111 South Capitol Avenue Lansing, Michigan 48933

Dear Ms. O'Berry:

SUBJECT: Certificate ofAdoption for Administrative Rules, ORR 2011-012 EQ DAN WYANT DIRECTOR



### The Certificate of Adoption for the administrative rules promulgated pursuant to Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, Is being forwarded to you, along with a reference copy of the administrative rules, in accordance with the provisions of Executive Order 2011-5.

The revisions toR 336.1116 and R336.1119(e) to address Fine Particulate Matter (PM 2.5) and revise the definition of PM 10 are necessary for the United States Environmental Protection Agency (U.S. EPA) to approve the Air Quality Division's (AQD) permitting rules. A new PM 2.5 standard has been set 

### bythe U.S. EPA, and
new significance levels and definitions are being added to the rules.

In R336.1122(f), the definition of "Volatile Organic Compound" (VOC) is being modified. The definition contains a list of compounds with negligible reactivity in the formation of
ozone. The AQD periodically updates this definition to conform to the list in the U.S. EPA's VOC definition.

Ifyou have questions or comments regarding the rule changes, please contact Mr. David Fiedler, Regulatory Affairs Officer, Department of Environmental Quality (DEQ), at 517-335-6927 or fiedlerd@michigan.gov, oryou may contact me.

Enclosures

# t;;,~ Director 517-373-7917

CONSTITUTION HALL • 525WESTALLEGAN STREET• P.O. BOX 30473 •lANSING, MICHIGAN48909-7973 VNJW.nl!ch!gan.gov/deq • (600) 662-9278 Rev. 01/2012Ms. Deidre O'Berry Page2 October 19, 2012

cc: Mr. Jim Sygo, Deputy Director, DEQ Ms. Madhu Anderson, Director of Policy, DEQ Mr. G. Vinson Hellwig, DEQ cc/enc: Mr. David Fiedler, Regulatory Affairs Officer, DEQ Ms. Carrie Barr, DEQ Mr. Bob Irvine, DEQ AQD, ORR 2011-012 EQ FileRICK SNYDER GOVERNOR STATE OF M!ClllGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

LANSING



### CERTIFICATE OF ADOPTION 

# DEi.\

DAN WYANT

DIRECTOR



### I, Dan Wyant, Director of the Department of Environmental Quality, do formally adopt the attached administrative rules, by amending R 336.1116, R 336.1119, 

### and R 336.1122 

### ofthe Michigan Administrative Code.

These rules are adopted pursuant to Section 5512 

### of Part 55, 

### Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 

### PA 451, 

### as amended, and Executive Order 1995-18, 

### as am nded by Executive Order 2011-1.



### ORR 2011-012 

### EQ

CONSTITUTION HAll•525WESTAll£Gi\NStREET• P.O. BOX 30473 • LANSING, MICHIGAN48fl09-7973 YNII't.mfchlgnn.gov/deq • {800) 662-9278 Rev. 01/2012

# I I

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# Attachment CNATURAL RESOURCES AND ENVIRONiHENTALPROTECTIONACT (EXCERPT) Act451 of 1994
324.5512 Rules. Sec. 5512. (I)The department shall promulgate mles for purposes ofdoing all ofthe following: (a) Controlling orprohibiting airpollution. (b) Complying with the clean airacl. (c) Controlling any mode oftransportation I hal is capable ofcausing orcontributing to air pollution. (d) Reviewing proposed locations ofstationaryemission sources. (e) Reviewing modifications ofexisting emission sources. (f) Prohibiting locations or modifications ofemission sources llmt impair the slate's ability to meet federal ambient airquality standards. (g) EstablisWng suitable emission standards consistent with federal ambient air quality standards and factors including, but not limited to, conditions ofthe terrain, wind velocities and directions, land usage ofthe region, and the anticipated characteristics and quantities ofpotential air pollution sources. This part does not prohibit the department from denying orrevoking apenni! to operate a source, process, or process equipment that would adversely affect humanhealth orotherconditions important lo the life oflhe community. (h) Implementing sections 5505 ond 5506. (2) Unless otherwise provided in this part, each mle, pem1it, or administrative order promulgated or issued under tWs part prior to November 13, 1993 shall remain in effect according to ils terms unless the mle or order is inconsistent wilh tills part or is revised, amended, orrepealed. (3) Seclion 11522 applies to open burning, Hhtor)'l 1994,Act4$1,**Efi~** Mar, 30, 1995;-Aru. 2012, Act .102,1md. BfL Apr. 19, 2012. Popular nanw Acl451 Popular name: NREPA Admlnlstrath·e**rule~:** R336.1101 el**s~q.;** R336.1122; and R336.1201 et seq, ofthe :O.Ucbigan AdruinistmtiYe Code.

Rendered Wednesday, July31, 2013 ©legislative Council, Slala ofMichigan Pago 1 Michigan COmplied lawsComplete Through PA 106 of2013 Courtesyofwww.legislature.mi.gov

# Attachment DSTATE OFMICFDGA.."l
Rt.rrnJoHNsoN, SF.CRh"TARY oF STAlE DEPARTMENT OF STATE

LANSING November 30, 2012

NOTICE OFFILING

ADMINISTRATIVE RULES

To: Secretary ofthe Senate Clerk ofthe House ofRepresentatives Joint Committee on Administrative Rules State Office ofRegulatory Reinvention (Administrative Rule #2011-012-EQ) Legislative Service Bureau (Secretary ofState Filing**#12~11-14)** Department ofEnvironmental Quality

In accordance with the provisions ofSection 46(1) ofAct 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department ofLicensing and RegulatoryAffairs and the State Office ofRegulatory Reinvention filed Administrative Rule #2011-012-EQ (Secretary ofState Filing#12-11-14) on this date at4:39P.M. for the Department ofEnvironmental Quality, entitled "Part 1. General Provisions".

This rules become effective immediately upon filing with the Secretary ofStateunJcss adopted under sections 33, 44, 45a(6), or48 of 1969 PA 306. Rules adopted under these sections become effective 7days after filing with the Secretary ofState.
Sincerely,

Ruth Johnson

# ~r~;~ti

# ,**\c+~**

# '1L

Robin L. Houston, Departmental Supervisor Office ofthe Great Seal

Enclosure

OFFICE OF THE GREAT SEAL 108 SOUTH WASHINGTON SQUARE, SUITE 1• lANSING, MICHIGAN 48918 1·8U·SDS-MICH (1·888-767-6424} www.Mlthlgan.gov/so'

# Attachment E

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### IRICK SNYDER GOVEflNOA STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

LANSING

NOTICE OF PUBLIC HEARING DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION 

# DEu

DAN WYANT

DIRECTOR

The Michigan Department of Environmental Qualify (DEQ), Air Quality Division, will conduct apublic comment period and hearing on proposed administrative rules promulgated pursuant to Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451) for the following rule revisions:

Air Pollution Control Rule (ORR 2011-012 EQ) Part 1to modify the existing definition In Air Pollution Control RuleR 336.1119 (e) "Significant", to add a slgnlflcance threshold for the new PM2.5 pollutant, and amend the existing definition in R336.1122 (f) "Volatile organic compound" by adding to the list of compounds with · negligible reactivity.

Air Pollution Control Rule (ORR 2011-031 EQ) Part 6, to modify existing language in Air Pollution Control Rule 336.1618 to clarify the requirements for use of cutback asphalts In paving and patching operations during the May 1to September 30 ozone season in the state of Michigan, including adding provisions for emulsified asphalts that have very low volatile organic compound content.

Air Pollution Control Rules (ORR 2011-035 EQ) Part 18 to modify existing language in Air Pollution Control Rules R336.2801, R336.2803, R 336.2809, R 336.2816 to be consistent with the federal requirements for the Prevention of Significant Deterioration of Air Quality, Title 40 of the Code of Federal Regulations, Section 51.166.

Air Poilulion Control Rules (ORR 2011-036 EQ) Part 19 to modify existing language in Air Pollution Control Rules R336.2901, R336.2903, R 336.2908 to be consistent with the federal requirements for the New Source Review permitting program, Title 40 of the Code of Federal Regulations, Section 51.165.

The public hearing will be held on Thursday, August 9, 2012 at 9:00 a.m. In the Lillian Hatcher conference room, Constitution Hall, 3'd floor south, 525 Allegan Street, Lansing, Michigan.
Copies of the proposed wles can be downloaded from the Internet at: http://www.michigan.gov/deq/air/lawsandrules/alrpollutionlaws.gov. These rules can also be downloaded from the Internet through the Office of Regulatory Reinvention at http://www.michigan.gov/orr. Copies of the rules may also be obtained by contacting the Lansing office at:

Air Quality Division Michigan Department of Environmental Quality P.O. Box 30260 Lansing, Michigan 48909-7760 Phone: 517-373-7069

Fax: 517-335-4729

All Interested persons are invited to attend and present their views. It is requested that all statements be submitted in writing for the hearing record. Anyone unable to attend may submit comments in writing to the address above. Written comments must be received by 5:00 p.m., Thursday, August 9, 2012.

CONSTITUTION HALL • 525 WESTALLEGAN STREET • P.O. BOX 30473 • lANSING, MICHIGAN 48909·7973 W\Wt.mlchlgan.gov/deq • (800) 662·9278Persons needing accommodations for effective participation in the meeting should contact the Air Quality Division at 517-373-7069 one week In advance to request mobility, visual, hearing, or other assistance.

This notice of public hearing is given in accordance with Sections 41 and 42 of Michigan's Administrative Procedures Act, 1969 PA 306, as amended, being Sections 24.241 and 24.242 of the Michigan Compiled Laws. Administration of the rules Is by authority conferred on the Director of the DEQ by Section 5512 of Act 451 and Executive Order No. 2011-1. These rules will become effective Immediately after filing with the Secretary of State.



### .G. Vinson Hellwig, Chi Air Quality Division

-2-

### AFFIDAVIT OF PUBLICATION Lansing StateJournal 120 E. Lenawee ·. '·'

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### State ofMichigan, County ofingham

IN THE

### MAITER OF: Notice ofPublic Hearing

Michigan Depm1mentofEnvironmental Quality (DEQ), Air Quality Division


### Kelly Page
Being duly sworn, says thathe/sheis authorized by thepublisherofthe Lansing StateJournal, to swearthat a certain notice, 

### acopy ofwhichis armexed hereto, waspublishedin the following publication:

I. 

### Published in the Englishlanguage forthe dissemination ofgeneral and/orlegal news, and 2. 

### Has abonfide list ofpaying customers orhas beenpublished atleastonce aweekinthe

same community without intenuptionfor at least2

### years, and 3, 

### Has been established, published and circulated atleastonce aweek withoutinterruption for atleast one(!) yearin the community where thepublicationis to occur. Lansing StateJournal 7/9/2012

# ~4~& Kelly Page

SUBSCRIBED AND SWORNTO BEFOREME THIS 14th

DAY OF SEPTEMBER2012

LISA SHOOLTZ NOTARY PUBLIC, STATE OF MICHIGAN, COUNTY OF SHIAWASSEE MY COMMISSION EXPIRES: DECEMBER 17,2017 ACTING IN THE COUNTY OF INGHAM

LSJ 1016292c::c..-:, <::!'1 JD**ffi~t** 

### ' He· :thof :;;,yeb· w.ticu is t·ssults**;~.rui·** 

### ·· laming 5tc.te'Jcumc.l

!:&-:is**~L:tru!ert!•3!lts e.~·e**  Ei.CcessiblSOr:.hr tv cler:i· b&:rs. · Se-\1eralgrot.:ps certify dietarv**sL~vu1e11Hl;!t**fkrus in good E'jruiufe.ctui.'i.ng yractices, includG1g the .NatFrclProducts AEsacf· Rtion: one of**tr~e-** 61dus**t~·y's l~.:.~gss~** tt.::6e §TOl.-:.ps._To f!L.d**Oi.:t~\ ~iE..t**  is**ir;.volv~-.:!** \'i1i6. fts**osl"'~i·** ·

## f1,~i;{.~¥i?r~~s~~~~~**~~~t t~~** **grot~p's** crit€ria,v,r[:ich includetheFDA's staro:- Ger·cts, visit"rhe**~:.·ot.~p's** 'i;,rebsfte-c.tEyc:U:fo.org. 

# 'I 11.\CT/Cff**0~**PJ!H.fCN!tkr.t\tl<f. a-!!r'/iJtTit1!mtcrr-.**lWt'lfK~~Mlmr'A£.** Q'(Jf..Uf\' flit**Q"il-r~r.m~ .tr{~:ssta~~**  The h1!chlga_n Department of**Envl~onmenta!** 1 Quality (DEQ), Air QuaJ!ty Division, wilt con-; duct a public**commen~** period noel hecrlngj
on proposed acim!nlstratlve- rules promu!gat·l ed**purs-ua~~t** to Part 55, Air Pollution Control,, ofthe Natural Resources and Eovlronntenta1

### i**=====~======d/jProtection** Act, 1994 PI\**~51,** as amended/'**~-** ,.,.-=-c-:7-'7'=·""'··. {Act**~51)** for the foJiow)ng rule revisions:**.>f'.!Wk!;l~)J}=-)J ,,.<••·,~~··u:·;.:**  , f UrttJJJfJ**·~·** _; :.**,_·iJ:-tE~~ .il~~_f**  ... :) JAtr PolJutlon Control Rule {ORR 2011-0!2 EQ)i**~~~~TI~;~~~;:::~-~-~-~-~-·** •Part 1to modlP; the existing definition In Air;**~**PJitto.-r.:tr**O.V(m~_·, 1W(~** **1** f**IPo!l~l~n c~~trol.**  Rul_e R**336.~l!S** {e) "Sign}fl< !.IHJ\t ! U:J;}UHlC/iJlU(

# I

cath
, to aoo a**stgn_lrtc"n.c~:** tmeshold**~or**_lhel Wel!lm, prune.or 

# I

new PM"2.S po!luTalu, ano**~:.mend** the e

...Jstmgl**~**commercld, 

## i**~:m~V:!~a~J'b~~iftl·** definition 

### !n R335.1122 (f)**:·vo!aU~e ~rganlci** **!~·~rsL[g;** lMidm.9}**!~now.tion** compound' by adding to the l!st o. com·**Fr~ "~mr~tu**  pouno's with negligible re-actlvjzy, Ctt·e..(.-•&IK<'9

# ~~~,~~~~~~~~~~~~~~~'l Air Pollution Control P.ule (OP.R 2011·031 EQ) Part6, to modify existing language in Ji.lrPol·**[l-GTH'"~G** !**WfW~t?r** VMY 

# l lutlon Control Rule 336.!610 to clarify there·**u!~rE::letfor** i IF2C.COf\".-PklW**~-** qulrements for use of cuiback asphalts In .:::llt:n-;'Norlf I**mnn~mJr ~=rmov~**  plwlng and patching operations during the

" bi 1 , fl)p1 o 1 •,1 n 0 .•

n,> 1- 1 ,1','.u

1 1 • ,.u.•ona z · tl1**~** .J May J to September 30 ozone season in thE F'r/·es ; lnsuro!Jl:e wCrl:wetco:n!. · 

### j 1.:::J?f');'s• 1 : toweuPrie•s state of Michigan, lncluo'ing ao'd!ng provf· Gvaranteedr s!ons ior emufsttled esphalts that have verY: • · •**,freH.I~miiU** •fuily!•,!urtd

. j mu:mg r**m:r.ae-~zaoo** low volatlle organic compoundcontent. 371 ·!!1;! i Air Pollution Control

### Rule~ (ORR

### ~011-Wsl**t--~.'-l:··}~** 

# I EQ) Pari: 1D to modify e:-:Jst!ng l<o.nguage In·/·**~.JW:flll-** '.:1 Air Pollution Control r.ules R 336.2!!01, F.. !·•.: ·'·""- ;. 

# I**fr'~** 336.2803, R336.2809, R336.1316 to be consis·f**hmJi.ti>';o@ill·~l** ... ,.., tent with the federal requirements tor the•**1Mr.~!l** d**~1** CLP.SSfr1ED

. PreVention ofSigntnc:;;nt Deteriori>.t!on oj P.!rl**fJfn!;QV!\~dms JNFrlRfl~A** TJ(vf\1 Quality, rrue 40 Dfthe Code ofFederal P.egu)'**~~Timi~ff** 

### "' · ....- · lat!ons-, Section 51.166, oltloru

. . r !al:n**/Th~** JdenUtt of L•rralot• Air Po!ltrtlon Control Rules (O?.R 201!·03t:**~H-~:i Sr•·~~'cu.!:mlb~)**  t

... .,.dut-r; 

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## fW**::!~tf;n toc:n~m?'** **p~~~:; ~** **3a3~~~agl~ ~**  ,**u,rro~. 336.2~03,**  R 336.2903 to be C-'ns/stent with Tu J.M;ltr d.-**~~fihliM ~**  • thefederal requirements torthe NewSourcef

. 1 O:·PirJG;**~~~~?. ;~;J** **:~/~:** Review**p~~m!ttlng** program,**1/~e** 40 of the/**~U~Q** t5..!**B-J~** f',**~** E. fln:- ; Code of**~eoe[al**Regulations, Section**Sl.K~.**

!(J;t.mi:.**,1·.~** StrHL**ttrMI~.Ir~/1.'-** . ,**ovDhd~at~!no. :P~'·4-%1!?,**  ; The public**he~ririg** will be**b~ld·on Thursda~·.** **~·e );r;~~IJ.**  ['lot• rru.v**~f !>.~wr,r.;** N•::: August S, 20!2 at S:OO a.m. In the U!llan**!~£1mt'CGS** ,'Jo**r~·:-lv;; r~rAi~** **1;·~!--~:11** h'itcher conference room, Constitution Hall,**lt\!l1M~lJ** an**~a.** fC1 '2M<' ; dfl h t?C "II s· t l I ·256·9.SI53 !R-;<'in'"rr.ort;. 1'!:-:.'m:u;·;.l: 3r o·or sout ,**~.",..** f:QBD**~:ree** t ens ng,**~;.;.,~;.;.,::''/l·trJf Jcutn~l** **C!HtHJ~,;** Michigan.**!~~~~:;~~ i:~f\t;'f.** **~~~~;;** 

### . •::O.Vtl,**u~IIH** nl['**t·~** Caplet of ths propoS:d rules carr be doWn·1

.1**if~-mo 'n1~1i.oti**  leo \·,v.**~'V~t ~Oil** .m·. loadedfrom the Int-ernet at: http://www. i

01 ·1**t~**ttc-.:-:;:il .1!**J;urr~!t·::>-·:** mlch!gen.clO\'/cleQ/cJr/le.wsc:ndrules/ 1**l~:H·Im** ·**;;irpotluUovnlt.\~;s,noY.** These rules can i;Jso!**~J,','·,<.f**

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# P~**~-----------of** THE OAKLAND PRESS, a newspaper

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........

# 9

.......... day of**~..;:___** 

### 1"1

# --_-_-_-_-_-_:·_·_:·_-.-_-_-_:::·_:·_::::::::--:!J.~J!:::::.::::::::.

NOTARY PUBUC, OAKLAND COUNTY. MICHIGAN

TINAM. CROWN**l~OTAAY**PUBUC.STATEOFMl COUI>ITYOF LAPEER MYCOMMISSION EXPIRESMar30.2014 ACT!NG!NGOUNTYOF**~** 

# 1$

R.lCKSNVOeR**aovruu~on** SYATE Ot= 1\JUCU!GAN IO!EP.JUtriVH.i::IM'i" Oli= Emfii<ONMIENYAL QUAU1\"''l LANSING**tr%~~-&.-'~ ~~~r~** 

01\N 'WY,\I>J'T

UOIII:<:>Ok NOTICE OF PUBUC HEAitiNG**OlE!>ARYI\IIEi~Y** 00' El\!VIRONMlENYAI.. ill'-l'AI!.nnt JUIR: lllUAU'lt'V II)HV'!SlOU'-3 .t; ll

Tb.eMleb.l&:anDepartmentorEnvi.ronmenblQuality(J)EQ),AirQual!tyDlvlsloo,wU1coeducta P\Lblieeon\l'llcnl period :l.nd henricg onproposed n<imlnistr:.tlverulespromule:atod pursuo.nttoPartSS, Ah·l"ollutiofl Conll"ol, oftheN:ttur:J.l ResourcesandEnvironmcnb.lProteetionAet,l994PA<15l.as.ru:nended (Ael'l.Sll forll1e foltowir•t;: rulerevisions:

- AirPollution Control RUle (0ER20ll·Ol'2EQ) P:lrt1tomodifythe**exi:ltl~:~g** delinlllon inAirPollution Control Rule R 336J.ll9 Ce)**~si&ni£~o.t'",** tG ::l.dd :t slgni.Jlcnnee**thr~hold** for the new P'.M2.5 pollutant, nnd nn1en<l the existing definition in R 336.112:2 CO "Volatile org:1nie compound" by addint::"tci the list orcompounds with necligihle**~activity.** 

### '

Air Pollution Contx:ol Rule {ORR 2011-0ll EQ) hrt 6, to modity ex.i.stint**lan~:uu~:e** in Ai't Pollution**CML~·ol** Rule335.1618 toel:ni.fY th<! r<!qolr<!ment.:> forust:M**cutb:~.ck :~.sph:.lts**  in p:lVing :mdP:J.lehingoperationsdurinb"**lli~** May 1 to Seplember30 Otone season in the stnteofMlch4::ln. including**:~ddint:** provisions fo1· emUl::ilCiecl

asph::.Itsth:tlhavevccy towvobtilc**o~t:nnie** coxnpoun,d content.
AirPo!lution Control**Rule;~:** <ORR 2011.035 EQ) P<1rt 18 tomodify existin!;**l:lO.Z~>:c** ln J\ir :?olluliM Contt·ol Aulcs R 336.2801, R 336.2803, R 336.2809, R 336.2316 to be consistent. with the**fedct':~ol** requiren1cnts fo1· the Prevention oC**Sig:nj.G.e:~.nt** Deterioration of Ail- Qu::tlity, TiUe 10 or the Code of Federal ReJ::ulntions, SedionSLlGS,
Air Pollution Control Rules<ORR 2011.()36 EQ)hl't l9 to.modify eX"lst..ing:**longua~e** in Air Poltution Control Rule$R 336.2901., R 336.2903, R 336.2908 to be consistent with the !oder.ll rcquil'ements ro·r Lh.e**N~v** Sout-ee ReviewpennittincProcrnm,Title4.0oftbe Code**ofFeder<~.l Re~:ut:l.t.is:ms.**  Section51.165.
Tilepublic**h.e::~.rlnc**willbeheld on**Th.ursd:~Y,AU~9.**2012at9:00n.rn.. intheLillinn**Hntch~reonf~,·enc<:**t•oom, ConstitutionH:..ll,**:l~:d !l.oo~:.wuth.**  sz> Allec::ln Street,l.:l.nsinc:.**Michlg:~n.** Copiesofthe**propo~d** rulesc::tn bedownlooded f:om. the**Intcm<~t** 01.t hltp://www.m.iehic:tn,gov/deq/:J.lrllawso.ndrule::/:J.irpollutionl:J.WS.t:OV.Theserulesc3n :J.ISO bedownlo::l.tlt:d f,·Ctm the Internet through the Office orReguJ:atoryReinventionnt http:l/www.roichis;:J.n.gov/ol'l', Copios ofthe mli!'S may also beobtainedbyeont:lctinc:theLan::;incoffice nt: Alr**Qu:~.lity**Divlsion Michir;an DepartmentofEnvironmental Qu:J.lity P.O.**Bo~** 30ZGO Lan::ling,Mi.ehlt;an '1SS09-77&l Phone:Sl.7-3'73--706D

F::l.x: 517.-335-4729
All interested PCl'SOns**:~re** invited to aUend and present their views. It i:f**requcs.(;c(lth:a~ ::~ll**  :>l!ltements be submitted inwriHnc: for**tb~** Qeadnc: re<:ord.Anyone =blelo**.:~ttend** m:!Y submiteomnlenl.s i11**wl'itin~;:** lo the addrc:::; abOve.Wiittcneomments mustbereeciv<::d by 5;()0 p.m.,Tllursdny,**A~lf.'USl9.**2011..
Persons Qecding ;:).eeommodati.ons for effective p.nrticipation in the mcellni;- should eonlocl tb.e Ait Qual'•ty Dlvl.::ion .:l.t517-37J.7069 oneweekin**:~dv.mce** to reqUe$t mobility,visual,**lle::~.ring,** oroU•eJ.· a::."!.\sl:mce,
This notlee**<:~f"Public h~arln>::**  iS ziven in aceordaneewith Sections 41 .and 42 orMielliJ::,an':> Aflndni:;ll·:.livc Proeedures Act, lW9 PA 306, :as amended, belogSoctions 24.241 nnd 24.242 ofthe**l.l'lch.i~:?<n** Compii«J l..ows. Administration orthe rule:; is by authority conrel'I"Cd on the Dircetor ortheDEQ by Section 5SIZ orAct<lSl andExeeutiveOrderNo. :Wll·LThcseruleswillbe<:otnc erfectiveirnn1ediatelynne•· fil!rll; wilh lhor.ec•·t:l:u-y orSb.to. IS.**Vi~son ~eeUw!~~** **c~,.6et**

. Alilr' Q'¢.11aUgil:-:t**li:::)uybi~~** Publil;hJulya.2012

# The 

# Mining Journaf

. Upper Michigan's Largest Da!IY**Ne~·spaper·** 249 W. Washington St., P.O. Box 430, Marquette, Mlchlgan49855. Phone (906)228·2500. Fax (906)228·3273. AFFIDAVIT OF PUBLICATION

STATE OF MICHIGAN

For the·County of MARQUETTE

In the matter of: Notice of Public Hearing Department Gf**Environm~ntal** Quality Air Quality Oivision · ., Administrative Rules··Air Pollution Control

Cost: $130.50

State of**MICHIGAI~,** County of Marquette ss.

JAMES A. REEl'S
being dul)• sworn, sa)'S that he is

PUBLISHER

of THE MINING JOURNAL

a newspaper published and circulated in said county and otherwise qualified according to Supreme Court Rule; that annexed hereto is a printed cop)' of a notice which was published in said newspaper on the following date, or dates, to-wit

July 9, 2012

# :«~~**J~MES** 

### f:.. REEVS

### Sub~-;;;ibed and sworn to before me this gth da)' ofJuly, 2012.

'· AMYL.**BOI~D** Notary Public for hfJarqtiette County, Michigan Acting in the County of Marquette My commission expires: Jul\• 3, 2013, AFFIDAVIT OF PUBLICATION

# I 

# i

NOliCf! Ott PUBLIC HEARUW DE!PART· MENT OF ENVIRON· M8UTAt. QUALITY AIR QUALITY DIVI• S!ON
The MkN!lM Deprut•

fl'lllnl of E'nWorw.entaJ Quality (01!0}, Air Qua!ily D!Y.slon, WJI**cond~l** a trub!IO tool· men! pemd end heM· !® on**pi'Ofl04~** ad·**mlnlstrauv~** rules ji{Cmolgated**~utsUanl** to Part 6S, N.r Pclu· t1oo Coo!tol, of the Na· tvlaJ A&SoUlC6S and El\'/J¢MWnlal Peate<:· tlon M\ 1991 PA 451,

.. MlerOO<l (A<\151) !Qt the !Ot'IO'Hing IU!a re\irloru:
Air

.Po!lullon Control

Rofa (ORR 201Hll2 EO) Put 1 to modily \he ornm**d~r,N!1c.O** In Aft Po!u'kll <Wiflol Rule R 338.1119 (e)**·s~~nr,** to add a**~n!P~anea** Uvoshold for 1M naw PM2.5 P:Ol·**lutan~** and ammf !he e:Q.st'-(lg defJii!!on ln R 338.1122**1~** "'olafle ocgar.l> <»mj>>uno"**~/** adQ'og lo lito E.st or**~Vt\th** nes•·**~Ia**roac\!Wf.
Air Pollullon ConiCol

Rtl!e (ORA 2011-Qlt

. EO) Put 6, lo rrt<dly exlil'llg langu.ge In />Jt Poliuu.m Contcol Ali!O 338.1618 10 clat· tty tho re.tulcomont, for u.se of eutbacle as· phalu In pal/tlg and J?alchlng operallons dUr'.oflg 1M May 1 lo September 00 ozone nason !n f\e**~tate** of Mlch,lgao, Including ad(mg pcQ'A$!ros. tot emulslllod a:sphe\ls !hat haVe Veri ktH wlaNe organlo c.om- pound coot.ffiL
Air Poi!utlon Control

Ru'M (OnR 2011435 EO) Put 18**~ -~**  exls!lng language W\ Nt PO!oUon Coottol Rules R 3-36.2801, R 336.2803, A 33SJ!:009, "A 338.2Sf6 fo be eOM!s!el'l\ with the federal require· men!S for lila Pre'fenllon of Slgnl!loanl Oetecloratlon

.. ol frJ/**a~. :n~e** **~** 01 1M .Cod' •'cf-<fedelaJ'·Re**g~tatlo~l\\~MIJ.o~** Air Pollution Control Ru!&s (OAR 2011-006 EO) Part 19 1o modJtJ alds&-.g langoago In Aft Polfu!Jon Con!tol Rtl.es A oos.mt, R 336.2003, R ro6.2008 to bo CQ10$Js!enl wi1.h lho fedetal requfte· moots for lho New Source ReY.ew per· mif..ng program, Tll!o 40 of U1o. Code ol**~ederal** Regulations, Se<t<0061.1&S.
·Tho p!lb8o t.earJI9 vm

ba held oo Thwsday, August 9, 2012.at 9;00 a.m. In lh.e Ull!an Hatcher**~.:onlerence**

.room, · Conslltullon Hall, 3td floo(

-5QI.Ilh, 626 Allega'o Sires!,**Lms~,** IJ.I:h!Qan;



### .· Cop!«.· ot ij)o p1opo.se'd

nnt.s (:<\1\ M dahn· badocl trooi•thil lniM·
•.nstal:**h~:l/hYrW.mkN** QaiLtj:tlldecVU,1awwW**~..onlaws.** gQY •

. l •

. 1he.so Mea t'3ll efso M

· dov.'nloadad hom· the ·

lntemel lhlough the

. Olfice of Regulatory· Reinvention at ' h,.,11.\WII.ml:hlg'li. •

.

### ~:!**o~·~**'itile3-

## rna;

allo "" oblaJnO<l bY**ron~ng ~e**  laruklg**~at:·** ....**A~**QualIfIJM$»n • • Mi;Maa11**o.~paitrMnl** of**E'nWonmM~I C;tnr~**  P.o:sox00260 L•nslng, 1.-Hchlgan

45009-1160

. Phone:617-37a.7009 Fax:.617-335-4729
All· lnter6sted peuons

rue. 11\vited 1o at'.end and present ·their '1-W.w. -It J.s ·requested !hal 8JI**$ta:emen~** bo

· submt'tted h**~-og** tor

tho Jleailng rec;ord. AnyoM uooble lo ·a!· ·teOO may sobnYt I.:On!· mehti In V!rl"'..ng 10 lha adOce.s.s ab(tll). Wnl· 1011 eomnents must be '"'Ned bY MO

## r·m., lhutsday, •.AIJ9UI**~** 2012.
Pet-Km**ne~** i<Xom·.

tnoda&lns for olf«J:ive par!lolpaUon tn lhe mee"1oo shouki c»n-- lael tfta NJ Qualty DIVISion

. at 517·.373·7069 one wee){ In a.dl>aoot to**r~** · que-st moblitJ, vtsval, hearlng, or O'.her as-

.ols!an<o:

. . Thl!

..nou" ol public

he,Y{og l$ g!ven L1 ac· cordance With Sec· tiMs 41 and -12 ol Michigan's Admfnls· !TaWa Ptocoo'wes Act, 1989

.PA 306, as· amended, bclflg sec- lions 24.241 and 24.242 ol 1he 

### wm gan Cl>ir<'.ed laws. Ac'mWstra!oo of !he

. nl..es l$ by authorey oonferred on tho Director o/ !he OEQ by Secf-on 5512 ol Ad 451 and ExeouUve Order Mo', 201 H. These nl.es wil be-
come ellective fm·· mediately aflu rirng· w1'1h !he &creWy ·or Slate. 

## -{·**·,~~td\~Y~!fft:_**

## .· 1tffle 0Hi9·'2012

# I 

# I

I 

# I

I 

# I

I 

# I

# Michigan Register

Published pursuantto 

## §24.208 of

The Michigan Compiled Laws



## IssueNo.l3-2012 (This issue, published August l, 20 !2, contains documents filed from July l,2012 to July !5, 20!2)



### Compiled and Published by the 

# Office ofRegulatory Reinvention

## CONTENTS

PROPOSED AD!YIINISTRATIVE RULES, NOTICES OFPUBLIC HEARINGS
Department ofEnvironmental Quality Alr Quality Division (2011-012) Part I General Provisions

.................................................................................................2-12 Heal'ing Notice

.................................................................................................................. 13-14
DepartmentofEnvironmental Quality Air Quality Division (20 11-031) Pmt 6Emission Limitation and Prohibitions Existing Sources of Volatile Organic Compound Emissions

............................................................................ l5-!6 Hearing Notice

.................................................................................................................. 17-18
Department ofEnvironmental Quality Air Quality Division (20ll-035) Part 18 Prevention ofSignificant Detel'ioration ofAir Quality

........................................ 19-34 Heal'ing Notice

..................................................................................................................35-36
DepartmentofEnvironmental Quaiity Air Quality Division (20 11-036) Pmt 19 New Source Review fo1· Major Sources Impacting Nonattainment Areas

........................................................................................................37-49 Hearing Notice

..................................................................................................................50-5!

MICHIGAN AD!Ylli'ITSTRATIVE CODETABLE

Table (2012 Session)

.......................................,............................................................................53-57

CUMULATIVE INDEX

Cumulative Index (2012)

..............................................................................................................58-60

BILLS SIGNED_IN_I**-T-oi~-cA;-;Y"'Nc-:O;o;R~VE=T"'O""E 00** **•** Dco:----------



### Appendix Table 1(2012 Session) (Legislative Service Bureau Pages (l-29)

..............................61-61

# AttachmentFDepartment of Environmental Quality
Opening Statement By: Mike Jackson, Hearing Officer
August 9, 2012

Introduction

Good morning. My name is Mike Jackson, and I am the Supervisor ofthe · Administrative Section in the Air Quality 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:

ORR 2011-012 EQ Part 1 - General Provisions;

ORR 2011-012 EQ Part 6- Emission Limitations and Prohibitions- Existing Sources of Volatile Organic Compound Emissions;

ORR 2011-035 EQ Part 18

- Prevention of Significant Deterioration ofAir Quality; and,

ORR 2011-036 EQ Part 19- New Source Review for Major Sources Impacting NonattainmentAreas.

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 Bob Irvine from the Air Quality Division, who has been instrumental in developing the proposed revisions to these administrative rules.
Hearing Agenda

First, we will begin with some background information about why we are here. Then,
we will describe the purpose ofthe hearing and how your comments will be used. Following that, we will outline the procedures under which we will take your comments and describe what will happen after today's hearing. Then, it will be time to hear your comments. We will spend the majority oftoday's time listening to those comments. At the end ofthe hearing, we will provide a short summary and closing.
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 for a public hearing on proposed revisions to:



### 1ORR 

### 2011-012 EQ Part 

### 1

- General Provisions;

ORR 

### 2011-031 EQ) Part 

### 6- Emission Limitations and Prohibitions- Existing Sources of Volatile Organic Compound Emissions;

ORR 

### 2011-035 EQ) Part 

### 18- Prevention of Significant Deterioration ofAir Quality; and,

ORR 

### 2011-036 EQ) Part 

### 19- New Source Review for Major Sources Impacting Nonattainment Areas.

Bob Irvine will now briefiy summarize the proposed revisions.
Purpose of Public Hearing

Thank you Bob. Now, Carrie Barr will describe the purpose of today's hearing and how your comments will be used.

Carrie: In order for rule promulgation to occur, the Department must follow the procedures set forth in the Administrative Procedures Act of 

### 1969 and the State Office ofAdministrative Hearings and Rules' procedures.

The purpose ofIeday'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. Please recognize that we can only use the information you provide ifit relates to the criteria that the Department must use in making a decision. Some ofyou may want to simply express your support or opposition to the proposed rules. We will be happy to make note ofyour position, but please understand that the Department is, by law, not allowed to base our decision on whether or not there is widespread support or opposition to the proposed rules.

Procedures

The Notice of Public Hearing was published in the Oakland Press, Lansing State Journal, and Marquette Mining Journal on July 

### 2

- 9, 2012. This notice along with the proposed rules was also published in the Michigan Register on July 

### 15, 2012. Copies ofthe Notice of Public Hearing, Regulatory Impact Statements, proposed rules, and summary ofthe proposed rules were made available to those interested and are available today.

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 ifyou 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. To ensure that the hearing is conducted in a fair manner, we will follow these steps:

21. Mr. Jackson, our Hearing Officer, 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 of the cards have been completed, he will ask if anyone else would like to make a statement.

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

Note: The hearing officercan decide before the hearing ifItem 3 and the following paragraph can be deleted due to fewpeople in attendance.

3. Each person will be given five minutes to make their comments. Mr. Jackson will indicate to you when you have one minute left. At that time, please begin wrapping up your comments and end within the allotted time. If need be, Mr. Jackson will indicate when your time has ended. Ifyou need additional time to complete your statement, your name will be added to the end of the list for those wishing to speak, and you will be called upon a second time to complete your statement.

We ask everyone to be courteous and respectful to one another during this public hearing.

How the Information 

### Will be Used

This hearing is being recorded and your comments will become a part ofthe 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 5:00p.m. today will be considered when the Department makes its decision.
Following the public hearing, we will review all ofthe comments 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 Administrative Hearings and Rules 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



### 3

### 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.

Ifyou have any questions regarding the proposed rule, Air Quality Division staffwill be available immediately following this hearing to answer them.

The hearing is now closed. Thank you again.

(NOTE: Ifno one present hearing may be closed at 1 hour mark.)

4

### MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION

PROPOSED AMENDMENTS TO AIR POLLUTION CONTROL RULES ORR 2011-012 EQ, ORR 2011-031 EO, ORR 2011-035 EO, ORR 2011-036 EO

SUBJECT

The Department of Environmental Quality (DEQ), Air Quality Division (AQD), is proposing to amend administrative rules underthe Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (MCL 324.101 to 324.901 06), by amending the following: Part 1, General Provisions, rules R 336.1116, R 336.1119, and R 336.1122; Part 6, Emission Limitations and Prohibitions

- Existing Sources ofVolatile Organic Compound Emissions, ruleR 336.1618; Part 18, Prevention of Significant Deterioration ofAir Quality, rules R 336.2801, R 336.2803, R 336.2809, and R 336.2816, and; Part 19, New Source Review for Major Sources Impacting Nonattainment Areas, rules R 336.2901, R 336.2903, and R 336.2908.

PURPOSEFORTHEPROPOSEDRULESANDBACKGROUND

Part 1 revisions The revisions toR 336.1116 and R 336.1119 (e) to address fine particulate matter (PM2.5) 

### and revise the definition of PM 10 

### are necessary for the United States Environmental Protection Agency (USEPA) to approve the DEQ's permitting rules. A
new fine particulate standard, PM2.5, 

### has been set by the USEPA and new significance levels and definitions are being added to these rules.

R 336.1122 (f), the definition of "Volatile Organic Compound" (VOC) is being modified. The definition contains a list of compounds with negligible reactivity in the formation of
ozone. The DEQ periodically updates this definition to conform to the list in the USEPA's VOC definition.

Part 6 revision The purpose ofthe revisions to R 336.1618 is to clarify the type of asphalt materials that
are subject to the rule. Existing R 336.1618 prohibits the use of cutback asphalt for paving or patching of roads during the ozone season, which is May 1 - September 30.

The rule has been in place since the early 1980s. Over the years, the asphalt road paving and patching industry has evolved such that the asphalt materials being used today have some differences from those used when R 336.1618 was originally developed. This has led to confusion both by the regulated industry and AQD compliance staff in terms ofwhat materials are subject to the rule and what VOC limits apply. The proposed changes more clearly define the kind of asphalt materials subject to the rule. The asphalt user's revisions are not expected to result in additional emissions reductions except for those sources that are exceeding the industry norm of VOC content for the affected materials.

### Part 18 revisions Revisions toR 336.2801, R 336.2803, R 336.2809 and R 336.2816 to address PM25 

### and ozone precursors are necessary for the USEPA to approve the DEQ's permitting rules. PM 2.5 

### is a new National Ambient Air Quality Standard (NAAQS) for which new emission thresholds, ambient increments, and definitions are being added to the rules. Oxides of nitrogen are a precursor of ozone and need to be added to the Prevention of Significant Deterioration (PSD) rules.

All of these changes adopt language strictly from federal regulations, updating our rules in order to maintain the USEPA's approval of our major source New Source Review State Implementation Plan.

Part 19 revisions Revisions to rules R 336.2901, R 336.2903 and R 336.2908 to address PM 2.5 

### are necessary for the USEPA to approve DEQ's permitting rules. PM2
.5 

### is a new NAAQS for which new emission and ambient thresholds and definitions are.being added to the rules.

SUMMARY OF THE PROPOSED RULES

Part 1 revisions R 336.1116 is being revised by adding the definition of PM 2.5, 

### including condensable emissions in the definition of PM 10, 

### and changing the definition of chemical process plant.

The existing definition in R 336.1119 (e) for "Significant" is being revised to add a significance threshold for the new PM2.5 

### pollutant.

R 336.1122 

### (f) is being revised to amend the existing definition of "Volatile Organic Compound" by adding five compounds to the list of compounds with negligible reactivity in the formation of ozone.

Part 6 revision R 336.1618 prohibits the manufacture, mixing, storage, use, or application of cutback paving asphalts during the ozone season for the purpose of reducing VOC emissions into the air. The revisions to R 336.1618 redefine the asphalt materials subject to the prohibition from use. This is done through definitions added to the rule defining "asphalt," "cutback paving asphalt," and "emulsified paving asphalt," and the addition of emulsified paving asphalt to the applicability portion ofthe rule. Also included is a VOC limit for defining applicable materials and a test method for determining VOC content. Recordkeeping requirements also have been added to the rule.

Part 18 revisions R 336.2801 is being revised by amending several definitions to reflect changes in federal PSD regulations to include the new PM2
.5 

### standard. R 336.2801 (c)(i) defines baseline areas for PM 10, 

### PM2.5 

### and PM2.5 

### precursors (sulfur dioxide and nitrogen dioxide). R 336.2801(aa)(ii) and R 336.2801(cc)(iv) add oxides of nitrogen as a precursor for ozone. R 336.2801 (bb)(i) and (ii) add the baseline dates for major and minor PM 2.5 

### sources. R 336.2801 (nn)(i) adds the PM 2.5 

### precursors ofsulfur dioxide and

### nitrogen dioxide and oxides of nitrogen as a precursor for ozone to the definition of regulated new source review pollutants. R 336.2801(qq)(i) defines "significant" for the net emission increases for PM 2.5 

### precursors (sulfur dioxide and nitrogen dioxide) and

ozone precursors (oxides of nitrogen).

R 336.2803 modifies the ambient air increment maximum allowable increases to add those for the annual and 24-hour PM 2.5 

### NAAQS for Class I, Class II and Class Ill areas.

R 336.2809 modifies the rules to allow exemptions for minimal air quality impacts for
new sources that are below the threshold for the 24-hour PM 2.5 

### standard and adds oxides of nitrogen above the threshold for ozone.

R 336.2816 modifies the rules for additional requirements in Class I areas by indicating maximum allowable increases from the minor source baseline concentration for the annual and 24-hour PM 2.5 

### standards.

Part 19 revisions R 336.2901 (ee) defines "regulated new source review pollutant" and adds PM25 

### to the list of pollutants included.

R 336.2901 (gg) (i) defines "significant" and adds the net emission increases for PM 2.5 

### precursors (sulfur dioxide and nitrogen dioxide).

R 336.2903 adds the PM 2.5 

### concentration values for the annual and 24-hour averaging times that would be considered a significant impact in a PM 2.5 

### nonattainment area.

R 336.2908 is modified to include PM 2.5 

### precursors in requirements for major stationary
sources and major modifications in nonattainment areas.

ACTIONS FOLLOWING THE PUBLIC HEARING


### Following the public hearing, the AQD staffwill 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 rules will be submitted to the USEPA as a revision to the State Implementation Plan.
Prepared by: Robert Irvine, Supervisor Strategy Development Unit Air Quality Evaluation Section Air Quality Division, DEQ July 31, 2012

### Carrie Barr Air Quality Division Michigan Depatiment ofEnvironmental Quality P.O. Box 30260 Lansing, Michigan 48909

Dear Ms. Barr:

We have reviewed the draft amendments to the general provisions tules from the Michigan Depatiment ofEnvironmental Quality (MDEQ). We have the following comments, specific to the identification ofparticulate matter with diameters of2.5 microns and 10 microns (PM25 and PMw). and the definitions ofPM2.s and 

### PMw emissions; these comments are consistentwith the requirements ofEPA's finaltule for the "Implementation ofthe New Source Review (NSR) Program for Particulate MatterLess than 2.5 Micrometers" (2008 NSR Rule).

The 2008 NSR Rule obligated states, including Michigan, to revise theirNSRprograms to account for PM2.s and 

### PMw condensables by January I, 2011. This requirement is codified in 40 CFR 51.166(b)(49)(vi) and 40 CFR 52.21(b)(50)(vi).

EPA observes that MDEQ'sApril27, 2012, draft general provisions regulations contain references to PM2.s, PM2.s emissions, and PM2.s condensables, as well as PM 10, 

### PM 10

### emissions, and 

### PMw condensables. However, we note that the current draftmles may be ambiguous in the characterization ofPM2.s and 

### PMw as molecules in ambient air versus PM2.s and PM10 

### emissions and their associated condensables. We recommend that MDEQ revise the general provisions definitions as follows:

R 336.1116- Definitions; P.

""PM-10" means particulate matter that has an aerodynamic diameter less than orequal to a nominal I0 micrometers, as measured in the ambient air by a reference test specified in40 C.F.R. part 50, appendix 

### J."

'"'PM-10 emissions" means solid particles emitted directly from an air emissions source or nearby activity, but also shall include gaseous emissions from a source or activity which condense to form PM-I0 atroom temperatures. Such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM-10. The determination ofPM-10 emissions including PM-10 condensables from a source shall be measured by one ofthe recommended test methods contained in 40 C.F.R. pati 51, appendix M."

""PM2.s" means particulate matterthat has an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, as measured in the ambient air by a reference test specified in 40 C.F.R. pati 50, appendix 

### L."

### ""PM2

_ 5 

### emissions" means solid particles emitted directly from an air emissions source ornearby activity, but also shall include gaseous emissions from a source or activity which condense to form PM2 .s at roomtemperatures. Such condensable particulate matter shall be accounted for in applicability determinations in establishing emissions limitations for PM2.s. The determination ofPM25 emissions including PM2 .s condensables from a source shall bemeasured by one ofthe recommended test methods contained in 40 C.F.R. pati 51, appendix M."

In addition to these specific changes, EPAnotes that consistentwith MDEQ's existing regulation development, 40 C.F.R. part 50 appendix 

### J, 40 C.F.R. part 50 appendix L, and 40 C.F.R. pati 51 appendix M, should be incorporated by reference.

' 

### Ifyou have further questions, please contact Andy Chang, ofmy staff, at (312) 886-0258.

Sincerely,

Douglas Aburano Chief Attainment Planning and Maintenance Section

## Comments and MDEQ Response

The USEPA submitted comments suggesting the expansion ofthe definitions for PM10 and PM2.s.

The USEPA's comments are as follows:

We have the following comments, specific to the identification of particulate matter with diameters of2.5 microns and 10 microns (PM2.s and PM10), and the definitions of PM2.s and PM1o emissions; these comments are consistent with the requirements of the USEPA's final rule for the "Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers" (2008 NSR Rule).

The 2008 NSR Rule obligated states, including Michigan, to revise their NSR programs to account for PM 2.5 

### and PM 10 condensables by January 1, 2011. This requirement is codified in 40 CFR 51.166(b)(49)(vi) and 40 CFR 52.21(b)(50)(vi).

USEPA observes that MDEQ's April 27, 2012, draft general provisions regulations contain references to PM2.s. PM2.s emissions, and PM2

. 5 

### condensables, as well as PM10, PM1oemissions, and PM10 condensables. However, we note that the current draft rules may be ambiguous in the characterization of PM2.s and PM10 as molecules in ambient air versus PM2.s and PM10 emissions and their associated condensables. We recommend that MDEQ revise the general provisions definitions as follows:

R 336.1116- Definitions; P.

""PM1o" means particulate matter that has an aerodynamic diameter less than or equal to a nominal 10 micrometers, as measured in the ambient air by a reference test specified in 40 C.F.R. Part 50, appendix J."

""PM10 emissions" means solid particles emitted directly from an air emissions source or nearby activity, but also shall include gaseous emissions from a source or activity which condense to form PM 1o at room temperatures. Such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM10

.The determination of PM10 emissions including PM10 condensables from a source shall be measured by one of the recommended test methods contained in 40 C.F.R. Part 51, appendix M."

""PM2.s" means particulate matter that has an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, as measured in the ambient air by a reference test specified in 40 C.F.R. Part 50, appendix L."

""PM2.s emissions" means solid particles emitted directly from an air emissions source or nearby activity, but also shall include gaseous emissions from a source or activity which condense to form PM2

. 5 

### at room temperatures. Such condensable particulate matter

### shall be accounted for in applicability determinations in establishing emissions limitations for PM2.5

. 

### The determination of PM2.5 

### emissions, including PM2.5 

### condensables, from a source shall be measured by one ofthe recommended test methods contained in 40 C.F.R. Part 51, appendix M."

In addition to these specific changes, the USEPA notes that consistent with MDEQ's existing regulation development, 40 C.F.R. Part 50 appendix 

### J, 40 C.F.R. Part 50 appendix L, and 40 C.F.R. Part 51 appendix M, should be incorporated by reference.

MDEQ Response The AQD does not agree that the changes the USEPA recommends are necessary. The recommended language is intended to distinguish between PM10/ PM2

.5 

### ambient readings, adding the Appendix J/L federal reference methods used to measure ambient levels, and PM1o/ PM2.s emission values.

Because the AQD rules do not include ambient levels that would be measured, there is
no need to make this distinction or add the federal reference to ambient measurement methods. Ambient levels are only included in the AQD rules in circumstances where such levels are compared with estimates made exclusively through dispersion modeling. Furthermore, R 336.1101

### U) defines "air quality standard" as "the concentration and duration ofan air contaminant specified by the department or by the national ambient air quality standards as contained in the provisions of 40 C.F.R Part 50 (2002), whichever is more restrictive, as the maximum acceptable concentration and duration ofthat contaminant in the ambient air." The AQD uses reference measurement methods at all our air monitoring sites and has formal commitments to do so.

The date ofthe Appendix M emissions test method (Appendix M) in R 336.1116(k)(i) has been changed to 2012, the latest available.

# Attachment G

# I I I

I I

I I

I I

I I

I I

I I

I

### Agency Reportto the 

### JOINT COMMITTEE ON ADMINISTRATIVE RULES

This form must be completed by the depruiment/agency that has the statutory authority for promulgating the mles. Please send an electronic copy oftllis form to the Office ofRegulatmy Reinvention at orr@michigan.gov. The ORR will review the document, the newspaper advertisements, and the corresponding rules priorto completing the legal certification ofthe mles. Please be sure to send to the ORR proofs ofpublication for the tlu·ee newspaper advertisements required by MCL 24.242(1). You may mail them or send them as a scarmed attaclunent.

Rule set number 2011-012 EQ

Title ofrules: 

# IPrui I. General Provisions



### 1. Name, address,FAXand phone numbers ofagency contact person: Bob Irvine, 517-373-7042 or irviner@michigan.gov Maty Maupin, 517-373-7039 or maupirun@miclligan.gov AQD, DEQ, Constitution Hall, 3'd FloorNotih, 525 West Allegan Street, Lansing, MI 48933 Fax: 517-373-1265

2. Purpose for the proposed rules and background: Revisions to definitions are needed to meetnewrequirements and rules ofthe United States Envirorunental Protection Agency (U.S. EPA).

3. Summary ofproposed rules: ModifY R 336.1116 by changing the definition of"PM I0" by addingcondensables and adopting federal test methods by reference and adding the definition of"PM2.5." Underthe definition of "Significant"in R 336.1119(e), a sigtlificance threshold for the new PM2.5 pollutant was added. The definition of"Volatile Organic Compound" in R 336.1122(f) was modified by adding to the list ofcompounds withnegligible reactivity.

### 4. Name ofnewspapers and date ofpublication in newspapers (minimum 3 newspapers ofgeneral circulation, representing differentparts ofthe state, one of which mustbe located in the UpperPeninsula)_: The MiningJournal, 

### July 9, 2012; The OaklandPress, 

### July 9, 2012; and LansingState Journal, 

### July 9, 2012.



### 5. Time, date, location and duration of ublic hearin : August 9, 2012; 9:30am to 10:00 am; ConstitutionHall, 525 West Allegan St., Lansing, MI

6. 

### Date of ublication ofrules and August I, 2012.



### 7. Agency representative(s) attending hearing (include agency name and title of I'epresentativefs]): Vince Hellwig, Chief, AQD; BobIrvine, AQD; Mary Maupin, AQD; Asad Khan, AQD; Canie Barr, Rule Liaison, AQD; Mike Jackson, Chief, Administration Section, AQD; and Dave Fiedler, Regulatory Affairs Officer, DEQ.

None.

The U.S. EPA submitted a comment suggesting a revision toR 336.1116.



### 10. Summary ofsuggestions to modify proposed rules: The U.S. EPA submitted comments suggesting the expansion ofthe definitions for PM 10 and PM2.5.



### TheU.S. EPA's commentis as follows: We have the following comments, specific to the identification ofpatticulate matter with diatneters of2.5 microns and 10 microns (PM 2.5 and PM 10), and the definitions ofPM 2.5 and PM 10emissions; these comments are consistentwiththe requirements ofthe U.S. EPA'sfinal rule for the "Implementation ofthe New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers" (2008 NSRRule).

The 2008 NSR Rule obligated states, including Michigan, to revise theirNSRprogran1s to account for PM 2.5 and PM 10 condensables by Januaty I, 2011. This requirement is codified in 40 CFR 51.166(b)(49)(vi) and 40 CFR 52.21(b)(50)(vi).

### U.S. EPA observes that MDEQ's April27, 2012, draft general provisions regulations contain references to PM 2.5, PM 2.5 emissions, and PM 2.5 condensables, as well as PM 10, PM I0 emissions, and PM I0 condensables. However, we note thatthe current draft mles may be ambiguous inthe characterization ofPM 2.5 and PM I0 as molecules in ambient air versus PM 2.5 and PM I0 emissions and their associated condensables. We reconunend thatMDEQ revise the general provisions definitions as follows:

R 336.1116- Definitions; P.

""PM 1 0" means pmiiculate matter that has an aerodynamic diameter less than orequal to a nomina!IO micrometers, as measured in the ambient air by a reference test specified in 40 C.P.R. part 50, appendix 

### J."

""PM I0 emissions" means solid pmiicles emitted directly from an air emissions source or nearby activity, but also shall include gaseous emissions from a source or activity which condense to form PM I0 at room temperatures. Suchcondensablepmiiculatematter shall be accounted for in applicability determinations and in establishing emissions limitations for PM 10. The determination ofPM 10 emissions including PM 10 condensables from a source shall be measured by one ofthe recommended test methods contained in40 C.P.R. part 51, appendix M."

""PM2.5" means particulate matter that has an aerodynamic diameter less than orequal to a nominal 2.5 micrometers, as measured in the ambient air by a reference test specified in 40 C.P.R. pmi 50, appendix L."

""PM2.5 emissions" means solid particles emitted directly from an air emissions source or nearby activity, but also shall include gaseous emissions fi·om a source or activity which condense to form PM 2.5 at roomtemperatures. Suchcondensablepmiiculate matter shall be accounted for in applicability determinations in establishing emissions limitations for PM2.5. The determination ofPM 2.5 emissions, including PM 2.5 condensables, from a source shall be measured by one ofthe recommended test methods contained in40 C.P.R. pmi 51, appendix M."

In additionto these specific changes, the U.S. EPAnotes that consistentwithMDEQ'sexisting regulation development, 40 C.P.R. pmi 50 appendix J, 40 C.P.R. part 50 appendix L, and 40 C.P.R. pati 51 appendix M, should be incorporated by reference.



### MDEQ Response The AQD does not agree thatthe changes the U.S. EPA recommends are necessmy. The recommended language is intended to distinguish between PM I0/PM 2.5 ambientreadings, adding the Appendix JIL federal reference methods used to measure ambient levels, and PM 10/PM 2.5 emission values.

Since the AQD mles do notinclude ambient levels that would be measured, there is no need to make this distinction or add the federal reference to ambient measurementmethods. The ambient levels included in the AQD mles are compared with estimates made through dispersion modeling; it is notpossible to separate outincremental orincreased ambient impacts from the

### background levels and impact ofothernearby pollution sources. The AQD uses reference measurement methods at all our air monitoring sites and has formal commitments to do so.

The date ofthe Appendix M emissions testmethod (Appendix M) inR 336.1116(k)(i) has been changed to 2012, the latest available.

Date report completed: 

# ISeptember 10,2012

(ORR-JCARMay 2011)