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 of the 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 (US EPA) 

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, of the 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 PM10 was revised to address condensable emissions. R 336.1122(f) was revised, 

updating the definition of volatile organic compounds (VOCs) to exclude additional 

compounds with negligible reactivity in the formation of ozone 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 of the 

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) 

of the Clean Air Act for the 2006 PM2.s and 2008 Lead National Ambient Air Quality 

Standards and supplement Michigan's Infrastructure submittals of August 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 of one hard copy of the required documentation. An electronic version of the 

submittal in PDF format that is identical to the hard copy has been sent to Mr. Andy 

Chang, US EPA, Region 5 office. To assist with your review of this 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, US EPA, 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 

Prepared by: 

Michigan Deparlment of Environmental Quality 

Air Quality Division 

P.O. Box 30260 

Lansing, Ml48909-7760 

INTERNET: http://www.michigan.govldeqair 
TABLE OF CONTENTS 

COMPLETENESS REVIEW 

Completeness Review Checklist 

ATTACHMENTS 

Attachment A 

Attachment B 

Attachment C 

Attachment D 

Attachment E 

Attachment F 

Attachment G 

Final Form of adopted rule(s), Part 1, effective November 30, 2012. 

Strikethrough/bold version of the 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, of the 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 of Administrative Rules for 

Part 1 dated November 30, 2012. 

Notice of Public Hearing held on August 9, 2012. 

Newspaper affidavits dated July 9, 2012. 

Michigan Register notice 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 of the 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 US EPA 

Region 5, delegating authority to the MDEQ Director to make any submittal, request, or 

application under the federal Clean Air Act. A copy of the letter is available upon request. 

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

regulations; or issued the permit, order, or consent agreement (hereafter "document") in 

final form. That evidence should include the date of adoption or final issuance as well as 

the effective date of the revision if different from the adoption/issuance date. 

The 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 Director Wyant 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 implement the revision. 

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

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

revised rules. A copy is included in Attachment C. 

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

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

existing approved SIP, where applicable. The submittal should be a copy of the official 

state regulation/document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the state. The effective date of the regulation/ 

document should, whenever possible, be indicated in the document itself. 

The 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 of the 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 Register on 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, of the Agency Report provide the purpose and justification of the proposed rules, 

which is included in Attachment G. 
Attachment A 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

PART I. GENERAL PROVISIONS 

Filed with the Secretary of State 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 of State. 

(By authority conferred on the director of environmental quality by Patt 55, Air Pollution 

Control, of the 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 packaging product or label, or both. 

(b) "Paint manufacturing" means the grinding or mixing of a combination of pigments, 

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 or alternative 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 of the following: 

(i) Compliance with the department's rules, orders, or emission limitations. 

(ii) Compliance with the conditions of a permit to install or permit to 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, or control 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 toR 336.120 I (6). 

(h) "Person" means any of the 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 of rights 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-I 0" 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 of Documents, government Printing Office, P. 0. Box 371954, Pittsburgh, 

Pennsylvania 15250-7954, at a cost as of the time of adoption of these 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. Such 
condensable 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 of the normal product of the source or to its normal operation. Annual 

potential emissions shall be based on the maximum annual-rated capacity of the 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 of materials com busted or processed shall be used 

in determining the potential emission rate of a source. 

(n) "Potential to emit" means the maximum capacity of a stationary source to emit an air 

contaminant under its physical and operational design. Any physical or operational limit 

on the capacity of the 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 of its design only if the 

limit, or the effect it would have on emissions, is legally enforceable. Secondmy emissions 

shall not count in determining the "potential to emit" of a 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 of any 

stationmy source. For all other air contaminants, quantifiable fugitive emissions shall be 

included in determining the "potential to emit" of a stationary source only if the stationary 

source belongs to I of the 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 of charging more than 50 tons of refuse per day. 

(ix) Hydrofluoric, sulfuric, or nitric 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 I 93 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 of more 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 of more 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 of actions or operations at a source 

that emits or has the potential to emit an air contaminant. Examples of a "process" include 

any of the following: 

(i) A physical change of a material. 

(ii) A chemical change of a material. 

(iii) The combustion of fuel, refuse, or waste material. 

(iv) The storage of a material. 

(v) The handling of a 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 of a refinery process unit for 

the purpose of inspection or maintenance of the 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 of the following: 

(i) Book. 

(ii) Magazine. 
(iii) Catalogue. 

(iv) Brochure. 

(v) Directory. 

(vi) Newspaper. 

(vii) Supplement. 

(viii) Other type of printed material. 

(w) "Pushing operation," with respect to coke ovens, means the movement of the coke 

from a coke oven into the coke-receiving car. 

(x) "Pushside," with respect to a coke oven, means that side of the coke oven that is 

adjacent to the pushing machine. 

R 336.1119 Definitions; S. 

Rule 119. As used in these rules: 

(a) "Schedule of compliance" means, for purposes of R 336.1201 to R 336.1218, all of 

the following: 

(i) For a source not in compliance with all applicable requirements at the titne of issuance 

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 of issuance of a 

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 of issuance and before the date of expiration of the renewable operating 

permit, the schedule of compliance 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 of the construction 

or operation of a 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 of the 

constmction or operation of the stationary source. Examples of secondary emissions 

include the following: 

(i) Emissions fi·om ships or trains 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 of the stationaty 

source. 

(c) "Secondaty risk screening level" means the concentration of a possible, probable, or 

known human carCinogen in ambient air which has been calculated, for regulatory 
purposes, according to the risk assessment procedures in R 336.1229(1), to produce an 

estimated upper-bound lifetime cancer risk of I in 100,000. 

(d) "Shutdown" means the cessation of operation of a source for any purpose. 

(e) "Significant" means a rate of emissions for the following air contaminants which 

would equal or exceed any of the following: 

(i) Carbon monoxide - I 00 tons per year. 

(ii) Nitrogen oxides- 40 tons per year. 

(iii) Sulfur dioxide- 40 tons per year. 

(iv) Pmticulate matter- 25 tons per year. 

(v) PM-10- 15 tons per year. 

(vi) PM 2.5 - I 0 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 of carbonaceous 

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 of hydrogen sulfide or more 

than I 0 grains of total sulfur per I 00 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 of the 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 of 70 degrees Fahrenheit and a gas 

pressure of29.92 inches of mercury 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 of the riser, the seating surface of the 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 a jumper pipe ministandpipe, "standpipe assembly emission point" 

means the flexible connection between the battery top and the base of the riser, the seating 

surface of the standpipe lid, the flexible connection between the collector main and the 

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

the jumper pipe ministandpipe. 

(p) "Start-up" means the setting in operation of a 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 366.120 I (I )(b), or any other regulation that is 

enforceable solely under 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 of the 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 of the 

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 of their 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 of this 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 of the stationaty source. 

(s) "Stationaty vessel" means any tank, reservoir, or container used for the storage of any 

volatile organic compound which is not used to transport such volatile organic compound 

and in which no manufacturing process or part thereof takes 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 of separating 

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 of polystyrene 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 of the following; 

(i) Any fill pipe that has its discharge opening entirely submerged when the liquid level 

is 18 inches above the bottom of the vessel. 

(ii) Any fill pipe that has its discharge opening entirely submerged when the liquid level 

is twice the diameter of the fill pipe above the bottom of the vessel, but in no case shall the 

top of such submerged fill pipe be more than36 inches above the bottom of the vessel. 

(x) "Sufficient evidence," a term of art, means either of the 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 of malignant 

tumors or combined malignant and benign tumors in any of the 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 of tumor, 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 of sulfur dioxide or other 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 of 40 C.F.R. pmt 60, subpart VV, 

entitled "Standards of Performance for Equipment Leaks of VOC 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 or more per 1,000 actual cubic feet per minute gas flow. 

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

instruments. 

(f) "Volatile organic compound" means any compound of carbon or mixture of 

compounds of carbon that participates in photochemical reactions, excluding the following 

materials, all of which have been determined by the United States environmental 

protection agency to have negligible photochemical reactivity: 

(i) Carbon monoxide. 

(ii) Carbon dioxide. 

(iii) Carbonic acid. 

(iv) Metallic carbides or carbonates. 

(v) Boron carbide. 

(vi) Silicon carbide. 

(vii) Ammonium carbonate. 

(viii) Ammonium bicarbonate. 

(ix) Methane. 

(x) Ethane. 

(xi) The methyl chloroform portion of commercial grades of methyl chloroform, if all of 

the following provisions are complied with: · 

(A) The commercial grade of methyl chloroform is used only in a surface coating or 

coating line that is subject to the requirements of part 6 or 7 of these rules. 

(B) The commercial grade of methyl 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 of all organic solvents, including the commercial 

grade of methyl chloroform, from the surface coating or coating line to the lowest 

reasonable level will be implemented. 

(E) The emissions of the 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 of the commercial grade of methyl chloroform is specifically identified and 

allowed by a permit to install, permit to operate, or order of the department. 

(G) Table II reads as follows: 

TABLEll 

Cmmnercial Grade of Methyl Chloroform-- Allowable Ambient Air Concentrations 

I Compound I Ppm1 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 

I 
0.00041 annual 

l. Parts per million, by volume 

2. Averaging time period 

3. This compound is a stabilizer 

(xii) The methyl chloroform portion of commercial grades of methyl chloroform that 

contain any other stabilizer not listed in table 11 of this rule, if all of the following 

provisions are complied with: 

(A) The commercial grade of methyl chloroform is used only in a surface coating or 

coating line that is subject to the requirements of part 6 or 7 of these rules. 

(B) Compliance with the applicable limits specified in part 6 or 7 of these rules is 

otherwise not teclmically or economically reasonable. 

(C) All measures to reduce the levels of all organic solvents, including the commercial 

grade of methyl chloroform, from the surface coating or coating line to the lowest 

reasonable level will be implemented. 

(D) The emissions of any compound in the commercial grade of methyl chloroform that 

is listed in table II of this rule do not result in a maximum ambient air concentration 

exceeding any of the allowable ambient air concentrations listed in table 11. 

(E) The emission of all compounds in the commercial grade of methyl chloroform that 

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

(F) The use of the commercial grade of methyl chloroform is specifically identified and 

allowed by a permit to install, permit to operate, or order of the 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 ,chi oro 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). 

(xi viii) I, I, 1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3 or HFE-71 00). 

(xlix) 2-( difluoromethoxymethyl)-1, I, I ,2,3,3,3-heptafluoropropane. 

(I) 1-ethoxy-1, I ,2,2,3,3,4,4,4-nonafluorobutane (C4F90C2H5 or HFE-7200). 

(I i) 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 of volatile organic 

compound emissions limitations or volatile organic compound content requirements but is 

a volatile organic compound for purposes of all recordkeeping, emissions reporting, 

photochemical dispersion modeling and inventory requirements, which apply to volatile 

organic compounds and shall be uniquely identified in emission reports. 

(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 of determining compliance with emission limits. 

Where such a method also measures compounds with negligible photochemical reactivity, 

these negligibly-photochemical reactive compounds may be excluded as volatile organic 

compounds if the amount of such compounds is accurately quantified and such exclusion is 

approved by the depmiment. 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

PART 1. GENERAL PROVISIONS 

Proposed Draft April27, 2012 

Filed with the Secretary of State on 

These rules become effective immediately upon filing with the Secretary of State unless 

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

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

(By authority conferred on the director of environmental quality by Pmt 55, Air Pollution 

Control, of the 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 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 packaging product or label, or both. 

(b) "Paint manufacturing" means the grinding or mixing of a combination of pigments, 

resins, and liquids to produce a surface coating as listed in standard industrial classification 

code 2851. 

(c) "Pmticulate matter" means any air contaminant existing as a finely divided liquid or 

solid, other than 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 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 depmtment-approved methods, to determine either of the following: 

(i) Compliance with the depmtment's rules, orders, or emission limitations. 

(ii) Compliance with the conditions of a permit to install or permit to operate. 

(f) "Permit to install" means a permit issued by the depmtment authorizing the 

construction, installation, relocation, or alteration of any process, fuel-burning, refuseburning, or control 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 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 of the 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) Other political subdivision, department, bureau, agency, or instnunentality of 

federal, state, or local government. 

(xxi) Other entity recognized by law as the subject of rights 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 of unfinished 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 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., part 51, appendix M, "Recommended Test Methods for State 

Implementation Plans." (2011) 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 of Documents, government Printing Office, P. 

0. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as of the time of 

adoption of these rules of$51.00, or on the United States government printing office 

internet website at http://www.acess.gpo.gov. 
3 

(I) "PM 2.5" means particulate matter that has an aerodynamic diameter less than 

or equal to a nominal2.5 micrometers, as measured by a reference test specified in 40 

C.F.R. part 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. Such condensable particulate matter shall he 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)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 of the normal product of the source or to its normal operation. Annual 

potential emissions shall be based on the maximum annual-rated capacity of the 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 of materials com busted or processed shall be used 

in determining the potential emission rate of a source. 

(n)€m3 "Potential to emit" means the maximum capacity of a stationary source to emit an 

air contaminant under its physical and operational design. Any physical or operational 

limit on the capacity of the 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 part of its design 

only if the limit, or the effect it would have on emissions, is legally enforceable. 

Secondary emissions shall not count in determining the "potential to emit" of a 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 of any stationary source. For all other air contaminants, quantifiable fugitive 

emissions shall be included in determining the "potential to emit" of a stationary source 

only if the stationary source belongs to I of the 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 of charging more than 50 tons of refuse per day. 

(ix) Hydrofluoric, sulfuric, or nitric acid plants. 

(x) Petroleum refineries. 

(xi) Lime plants. 

(xii) Phosphate rock processing plants. 

(xiii) Coke oven batteries. 

(xiv) Sulfur recovery 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 not include 

ethanol production facilities that produce ethanol by natural fermentation included 

in North American industrial classification system codes 325193 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 of more 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 of more 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 fe1tilizer 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)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 of actions or operations at a 

source that emits or has the potential to emit an air contaminant. Examples of a "process" 

include any of the following: 

(i) A physical change of a material. 

(ii) A chemical change of a material. 

(iii) The combustion of fuel, refhse, or waste material. 

(iv) The storage of a material. 

(v) The handling of a 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 of a refinery process unit 

for the purpose of inspection or maintenance of the 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 of the following: 

(i) Book. 

(ii) Magazine. 

(iii) Catalogue. 

(iv) Brochure. 

( v) Directory. 

(vi) Newspaper. 

(vii) Supplement. 

(viii) Other type of printed material. 

(w)M "Pushing operation," with respect to coke ovens, means the movement of the coke 

from a coke oven into the coke-receiving car. 

(x){w) "Pushside," with respect to a coke oven, means that side of the coke oven that is 

adjacent to the pushing machine. 

R 336.1119 Definitions; S. 

Rule 119. As used in these rules: 

(a) "Schedule of compliance" 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 of issuance 

of a renewable operating permit, a schedule of remedial measures, including 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 rep011s, 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 time of issuance of a 

renewable operating permit, a statement that the source will continue to comply with the 

requirements. 

(iii) With respect to any applicable requirement that has a fhture effective compliance date 

that is after the date of issuance and before the date of expiration of the renewable operating 

permit, the schedule of compliance shall contain 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 of the construction 

or operation of a stationary source, but which do not come from the stationary source itself. 

Secondary emissions include only emissions that are specific, well-defined, quantifiable, 

and impact the same general area as the stationary source which causes the secondary 

emissions. Secondary emissions also include emissions from any off-site supp01i facility 

which would not otherwise be constructed or increase its emissions except as a result of the 

construction or operation of the stationary source. Examples of secondary emissions 

include the following: 

(i) Emissions fi·01n ships or trains coming to or going from a stationary source. 
6 

(ii) Emissions limn any off-site suppmt facility that would not otherwise be constructed or 

increase its emissions except as a result of the construction or operation of the stationary 

source. 

(c) "Secondary risk screening level" means the concentration of a possible, probable, or 

known human carcinogen in ambient air which has been calculated, for regulatory 

purposes, according to the risk assessment procedures in R 336.1229(1 ), to produce an 

estimated upper-bound lifetime cancer risk of I in I 00,000. 

(d) "Shutdown" means the cessation of operation of a source for any purpose. 

(e) "Significant" means a rate of emissions for the following air contaminants which 

would equal or exceed any of the following: 

(i) Carbon monoxide- I 00 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 per year. 

(vii)~ Volatile organic compounds - 40 tons per year. 

(viii)tv-iB Lead - 0.6 tons per year. 

(l) "Smoke" means small gas and airborne patticles consisting essentially of carbonaceous 

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 of hydrogen sulfide or more 

than I 0 grains of total sulfur per I 00 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) "Specific plate collection area" means the ratio of the 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, 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 of mercury 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 of the riser, the seating surface of the 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 a jumper pipe ministandpipe, "standpipe assembly emission point" 

means the flexible cmmection between the battery top and the base of the riser, the seating 

surface of the 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 

the jumper pipe ministandpipe. 

(p) "Start-up" means the setting in operation of a process or process equipment for any 

purpose. 

(q) "State-only enforceable" means that the limitation or condition 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 336.190 l, any permit 

requirement established solely pursuant toR 366.1201(1)(b), or any other regulation that is 

enforceable solely under 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 1 or 

more contiguous or adjacent properties, which are under the control of the 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 or have the potential to emit l or more air contaminants, which are 

located at 1 or more contiguous or adjacent properties, which are under the control of the 

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 if 50% or more of their 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 of this 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 of the stationary source. 

(s) "Stationary vessel" means any tank, reservoir, or container used for the storage of any 

volatile organic compound which is not used to transpmt such volatile organic compound 

and in which no manufacturing process or part thereof takes place. 

(t) "Stencil coat" means a coating that is applied over a stencil to a plastic part at a 

thickness of 1 mil or less of coating solids. Stencil coats are most fi·equently letters, 

numbers, or decorative designs. 

(u) "Styrene devolatilizer unit" means equipment performing the function of separating 

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 of polystyrene 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 fi·om the side, means either of the following: 

(i) Any fill pipe that has its discharge opening entirely submerged when the liquid level 

is 18 inches above the bottom of the vessel. 

(ii) Any fill pipe that has its discharge opening entirely submerged when the liquid level 

is twice the diameter of the fill pipe above the bottom of the vessel, but in no case shall the 

top of such submerged fill pipe be more than 36 inches above the bottom of the vessel. 

(x) "Sufficient evidence," a term of art, means either of the 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 of malignant 

tumors or combined malignant and benign tumors in any of the 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 of tumor, 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 sulfttric acid is utilized primarily as a means of 

preventing emissions to the atmosphere of sulfur dioxide or other sulfttr 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 crude" 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, 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 ofthe 

following chemicals takes place: 

(i) Methyl lett-butyl ether. 

(ii) Polyethylene. 

(iii) Polypropylene. 

(iv) Polystyrene. 

(v) Synthetic organic chemicals listed in section 489 of 40 C.F.R. part 60, subpatt VV, 

entitled "Standards of Performance 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 defmition 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. 
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 electrostatic precipitator that has a specific plate 

collection area of 600 square feet or more per 1,000 actual cubic feet per minute gas flow. 

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

instruments. 

(f) "Volatile organic compound" means any compound of carbon or mixture of 

compounds of carbon that participates in photochemical reactions, excluding the following 

materials, all of which have been determined by the United States environmental 

protection agency to have negligible photochemical reactivity: 

(i) Carbon monoxide. 

(ii) Carbon dioxide. 

(iii) Carbonic acid. 

(iv) Metallic carbides or carbonates. 

(v) Boron carbide. 

(vi) Silicon carbide. 

(vii) Ammonium carbonate. 

(viii) Ammonium bicarbonate. 

(ix) Methane. 

(x) Ethane. 

(xi) The methyl chloroform portion of commercial grades of methyl chloroform, if all of 

the following provisions are complied with: 

(A) The commercial grade of methyl chloroform is used only in a surface coating or 

coating line that is subject to the requirements of part 6 or 7 of these rules. 

(B) The commercial grade of methyl chloroform contains no stabilizers other than those 

listed in table 11. 

(C) Compliance with the applicable limits specified in part 6 or 7 of these rules is 

otherwise not technically or economically reasonable. 

(D) All measures to reduce the levels of all organic solvents, including the commercial 

grade of methyl chloroform, from the surface coating or coating line to the lowest 

reasonable level will be implemented. 

(E) The emissions of the commercial grade of methyl chloroform do not result in a 

maximum ambient air concentration exceeding any of the allowable ambient air 

concentrations listed in table 11. 

(F) The use of the commercial grade of methyl chloroform is specifically identified and 

allowed by a permit to install, permit to operate, or order of the depa1tment. 

(G) Table ll reads as follows: 

TABLE 11 

Commercial Grade of Methyl Chloroform-- Allowable Ambient Air Concentrations 

Compound Ppm1 Time2 

Methyl chloroform 3.5 l hour 
10 

Tertiary butyl alcohof l.O l hour 

Secondary butvl alcohol3 l.O l hour 

Methvlal' 10.0 1 hour 

0.028 1 hour 

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 of commercial grades of methyl chloroform that 

contain any other stabilizer not listed in table 11 of this rule, if all of the following 

provisions are complied with: 

(A) The commercial grade of methyl chloroform is used only in a surface coating or 

coating line that is subject to the requirements of part 6 or 7 of these rules. 

(B) Compliance with the applicable limits specified in part 6 or 7 of these mles is 

otherwise not technically or economically reasonable. 

(C) All measures to reduce the levels of all organic solvents, including the commercial 

grade of methyl chloroform, from the surface coating or coating line to the lowest 

reasonable level will be implemented. 

(D) The emissions of any compound in the commercial grade of methyl chloroform that 

is listed in table 11 of this rule do not result in a maximum ambient air concentration 

exceeding any of the allowable ambient air concentrations listed in table ll. 

(E) The emission of all compounds in the commercial grade of methyl chloroform that 

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

(F) The use of the commercial grade of methyl chloroform is specifically identified and 

allowed by a permit to install, permit to operate, or order of the department. 

(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-141 b). 

(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 43-1 Omee). 

(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-151 a). 

(xlviii) I, I, I ,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3 or HFE-71 00). 

(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 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 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 of volatile organic 

compound emissions limitations or volatile organic compound content requirements but is 

a volatile organic compound for purposes of all 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-d ecaflu oro-3-m ethoxy-4-trifluorom ethyl-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) 

The methods described in R 336.2004 and R 336.2040 shall be used for measuring 

volatile organic compounds for purposes of determining compliance with emission limits. 
12 

Where such a method also measures compounds with negligible photochemical reactivity, 

these negligibly-photochemical reactive compounds may be excluded as volatile organic 

compounds if the amount of such compounds is accurately quantified and such exclusion is 

approved by the department. 
Attachment B 
; 
STATE 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 of Adoption 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 R 336.1119(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 by the U.S. EPA, and 

new significance levels and definitions are being added to the rules. 

In 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 AQD periodically updates this definition to conform to the list in the 

U.S. EPA's VOC definition. 

If you 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, or you may contact me. 

Enclosures 

t;;,~ Director 

517-373-7917 

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

VNJW.nl!ch!gan.gov/deq • (600) 662-9278 

Rev. 01/2012 
Ms. 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 File 
RICK 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 of the 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 • 525 WEST All£Gi\N StREET • P.O. BOX 30473 • LANSING, MICHIGAN 48fl09-7973 

YNII't.mfchlgnn.gov/deq • {800) 662-9278 

Rev. 01/2012 

Attachment C 

NATURAL RESOURCES AND ENVIRONiHENTAL PROTECTION ACT (EXCERPT) 

Act 451 of 1994 

324.5512 Rules. 

Sec. 5512. (I) The department shall promulgate mles for purposes of doing all of the following: 

(a) Controlling or prohibiting air pollution. 

(b) Complying with the clean air acl. 

(c) Controlling any mode of transportation I hal is capable of causing or contributing to air pollution. 

(d) Reviewing proposed locations of stationary emission sources. 

(e) Reviewing modifications of existing emission sources. 

(f) Prohibiting locations or modifications of emission sources llmt impair the slate's ability to meet federal 

ambient air quality standards. 

(g) EstablisWng suitable emission standards consistent with federal ambient air quality standards and 

factors including, but not limited to, conditions of the terrain, wind velocities and directions, land usage oft he 

region, and the anticipated characteristics and quantities of potential air pollution sources. This part does not 

prohibit the department from denying or revoking a penni! to operate a source, process, or process equipment 

that would adversely affect human health or other conditions important lo the life of lhe 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, or repealed. 

(3) Sec lion 11522 applies to open burning, 

Hhtor)'l 1994, Act 4$1, Efi~ Mar, 30, 1995;-Aru. 2012, Act .102,1md. BfL Apr. 19, 2012. 

Popular nanw Acl451 

Popular name: NREPA 

Admlnlstrath·e rule~: R 336.1101 el s~q.; R 336.1122; and R 336.1201 et seq, of the :O.Ucbigan AdruinistmtiYe Code. 

Rendered Wednesday, July 31, 2013 

©legislative Council, Slala of Michigan 

Pago 1 Michigan COmplied laws Complete Through PA 106 of2013 

Courtesy of www.legislature.mi.gov 

Attachment D 

STATE OF MICFDGA.."l 

Rt.rrn JoHNsoN, SF.CRh"TARY oF STAlE 

DEPARTMENT OF STATE 

LANSING 

November 30, 2012 

NOTICE OF FILING 

ADMINISTRATIVE RULES 

To: Secretary of the Senate 

Clerk of the House of Representatives 

Joint Committee on Administrative Rules 

State Office of Regulatory Reinvention (Administrative Rule #2011-012-EQ) 

Legislative Service Bureau (Secretary of State Filing #12~11-14) 

Department of Environmental Quality 

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, 

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

and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule 

#2011-012-EQ (Secretary of State Filing #12-11-14) on this date at 4:39P.M. for the Department 

of Environmental Quality, entitled "Part 1. General Provisions". 

This rules become effective immediately upon filing with the Secretary of State unJcss adopted 

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

effective 7 days after filing with the Secretary of State. 

Sincerely, 

Ruth Johnson 

~r~;~ti , \c+~ '1L 

Robin L. Houston, Departmental Supervisor 

Office of the 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 

RICK 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 a public 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 1 to 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 R 336.1122 (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 1 to 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 R 336.2801, R 336.2803, 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 Poilu lion Control Rules (ORR 2011-036 EQ) Part 19 to modify existing language in Air Pollution Control 

Rules R 336.2901, R 336.2903, 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 WEST ALLEGAN STREET • P.O. BOX 30473 • lANSING, MICHIGAN 48909·7973 

W\Wt.mlchlgan.gov/deq • (800) 662·9278 
Persons 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 State Journal 

120 E. Lenawee 

·. '·' -...--- ·-- .. - ' - ·' . 

i:~ti;irig;'Mf4s~i'J9 : · ··· · · · .. __ .. · · · . . . . ,~ : ·: .·- ::; .:; .:. ·. :··· 

State of Michigan, County ofingham 

IN THE MA ITER OF: Notice of Public Hearing 

Michigan Depm1ment of Environmental Quality (DEQ), Air Quality Division 

Kelly Page 

Being duly sworn, says that he/she is authorized by the publisher of the Lansing State Journal, to swear that a 

certain notice, a copy of which is armexed here to, was published in the following publication: 

I. Published in the English language for the dissemination of general and/or legal news, and 

2. Has a bonfide list of paying customers or has been published at least once a week in the 

same community without intenuption for at least 2 years, and 

3, Has been established, published and circulated at least once a week without interruption 

for at least one(!) year in the community where the publication is to occur. 

Lansing State Journal 7/9/2012 

Kelly ~4~& Page 

SUBSCRIBED AND SWORN TO BEFORE ME THIS 14th 

DAY OF SEPTEMBER 2012 

LISA SHOOLTZ 

NOTARY PUBLIC, STATE OF MICHIGAN, COUNTY OF SHIAWASSEE 

MY COMMISSION EXPIRES: DECEMBER 17,2017 

ACTING IN THE COUNTY OF INGHAM 

LSJ 1016292 
c::c..-:, <::!'1 

JD ffi~t 

He· ' 

:th of 

:;;,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-\1eral grot.:ps certify 

dietarv sL~vu1e11Hl;!t fkrus 

in good E'jruiufe.ctui.'i.ng 

yractices, includG1g the 

.NatFrcl Products AEsacf· 

Rtion: one of tr~e- 61dust~·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 

include the FDA's staro:-

Ger·cts, visit"rhe ~:.·ot.~p's 

'i;,rebsfte- c.t Eyc:U:fo.org. 

' I 11.\CT/Cff 0~ PJ!H.fC N!tkr.t\tl<f. 

a-!!r'/iJtTit1!mt crr-. 

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,, 

of the 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 1 to 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 

We l!lm, prune. or I new PM"2.S po!luTalu, a no ~:.mend the e ... Jstmgl 

~ commercld, i ~:m~V:!~a~J'b~~iftl· definition !n R 335.1122 (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) 

Part 6, to modify existing language in Ji.lr Pol· 

[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)p1o1

•,

1n0 .• n,>1

-1,

1

','.u1 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 compound content. 

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, R 336.2809, R 336.1316 to be consis·f hmJi.ti>';o@ill·~l ... ,.., tent with the federal requirements tor the• 

1Mr.~!l d ~1 CLP.SSfr1ED . PreVention of Signtnc:;;nt Deteriori>.t!on oj P.!rl 

fJfn!;QV!\~dms JNFrlRfl~A TJ(vf\1 Quality, rrue 40 Df the Code of Federal 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; I cil' · ~~ 1 1 

·t~~mw:.e m !~J"~,~,.,~~~~~~1:J~~ 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 ~ • the federal requirements tor the New Sourcef . 

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<' ; d fl 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·. loaded from 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 .!,.'!,,•,J0o1

•.Jffil.l' ·n''," .. :.·,.' . ,:" •• ::. .. <.-,f·.,,.'_f'_,E;f_,·,',·,"' !~~: "' , . ~~ ~ .. ·- - -.u - be p'ownloc:cisCI from thE fn!wt:et throuph~ 

~'~ft~~~~J~>~t'.r~":ct~~~~~~~~~~~~ the. Ofi1c~ of P.egulewry R-einvention atj "= ht!p:J/www.mk:hfg~n.pev/orr. Caples ofth~: 

J rule:; mn• c;:tso be obh.lns!i, ~~· com·acting rhEI 

"· 

J 

THAT SCfl~MBLED WORD GAME 

by Dsml L. HQ)'l ~nQ ~~~!/ t(r.vrel: 

J LMs!nQ otticEc E"~: • , • 

I'/ ... I-I! Qu~t~Y O.:vts-ic~ • / 1 / rn:::h1~·.:n >-t.Ger1Ti1Nl• 01 

------.::r-·------~ 

I EnvJ(:::r;:-MonbJ QuE.lrQ' 1 r>o- .. ~o·-o I , ·-· __ :.,,'_~~~~~ f~e,..~.,,~, 

I' 

I 

' ,·, 

' ' 
County of Oakland} 

STATE OF MICHIGAN, ss. 

~-C1u~ ... : .. : ..... be"mg duly S\Norn. 

deposes and says that I am the ............ ... P~ ~-----------of THE OAKLAND PRESS, a newspaper ·inted.~circulated daily in Oakland County, ~ichigan .and that I held such 

position during the publication <>f the ~otice hereto annexed~ 

that a notice of············:.·········-~·-···················-=-························· - A-- •. 

;~j~j;·~-;-~-~-;~~-~~;-:-~<~-~~-~~bji-~h~d·;~·;h ~ said THE OAKLAND PRESS ................................................ .. 

----------~·~------------------------·: immediately prece?ing the 

.9 .. of ... .. ....... that the annexed prmted copy of sa1d not1ce 

was ta <.n fro ,, the said newspaper. That the dates of 

publication of sai 

0 "Ol'\ . 

and furthec ~r-~e:q;:~i~~r::;:=------:----_----------

-- ------- ---"'<:?"--tf;. --------------·------ ---------------,--.... ---------------- -------- .. --------------------"-" ---------------, ...... ----.. -------.. ----------------------------------

Subscribed and sworn t()-!o_efore me t11is ........ 9 .......... day of 

~..;:___ 1"1 

--_-_-_-_-_-_:·_·_:·_-.-_-_-_:::·_:·_::::::::--:!J.~J!:::::.::::::::. NOTARY PUBUC, OAKLAND COUNTY. MICHIGAN 

TINA M. CROWN 

l~OTAAY PUBUC. STATE OF Ml 

COUI>ITY OF LAPEER 

MY COMMISSION EXPIRES Mar30. 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.e Mleb.l&:an Department orEnvi.ronmenbl Quality(J)EQ), Air Qual! ty Dlvlsloo, wU 1 coed uc t a P\Lbl ie eon\ l'llcnl 

period :l.nd henricg on proposed n<imlnistr:.tlve rules promule:atod pursuo.nt to Part SS, Ah·l"ollutiofl Conll"ol, 

of the N:ttur:J.l Resources and Environmcnb.l ProteetionAet,l994PA<15l.as .ru:nended (Ael'l.Sll for ll1e foltowir•t;: rule revisions: -

Air Pollution Control RUle (0ER 20ll·Ol'2 EQ) P:lrt 1 to modify the exi:ltl~:~g delinlllon in Air Pollution 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 or compounds 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 

Rule 335.1618 to el:ni.fY th<! r<!qolr<!ment.:> for ust:M cutb:~.ck :~.sph:.lts in p:lVing :md P:J.lehingoperations durinb" 

lli~ May 1 to Seplember30 Otone season in the stnte ofMlch4::ln. including :~ddint: provisions fo1· emUl::ilCiecl 

as ph::. Its th:tl have vccy tow vobtilc o~t:nnie coxnpoun,d content. 

Air Po!lution Control Rule;~: <ORR 2011.035 EQ) P<1rt 18 to modify 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 Sou t-ee 

Review pennittincProcrnm, Title4.0 oftbe Code ofFeder<~.l Re~:ut:l.t.is:ms. Section 51.165. 

Tile public h.e::~.rlnc will be held on Th.ursd:~Y,AU~9. 2012at9:00 n.rn.. in the Lillinn Hntch~reonf~,·enc<: t•oom, 

Constitution H:..ll, :l~:d !l.oo~:.wuth. sz> Allec::ln Street, l.:l.nsinc:. Michlg:~n. 

Copies of the propo~d rules c::tn be downlooded f:om. the Intcm<~t 01.t 

hltp://www.m.iehic:tn,gov/deq/:J.lrllawso.ndrule::/:J.irpollutionl:J.WS.t:OV. These rules c3n :J.ISO be downlo::l.tlt:d f,·Ctm 

the Internet through the Office orReguJ:atory Reinvention nt http:l/www.roichis;:J.n.gov/ol'l', Copios of the mli!'S 

may also be obtained by eont:lctinc:the Lan::;inc office nt: 

Alr Qu:~.lity Divlsion 

Michir;an Department ofEnvironmental Qu:J.lity 

P.O. Bo~ 30ZGO Lan::ling, Mi.ehl t;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 in wriHnc: for tb~ Qeadnc: re<:ord.Anyone =ble lo .:~ttend m:!Y submit eomnlenl.s i11 wl'itin~;: lo the 

addrc:::; abOve. Wiittcn eomments must be reeciv<::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.t 517-37J.7069 one week in :~dv.mce to reqUe$t mobility, visual, lle::~.ring, or oU•eJ.· a::."!.\sl:mce, 

This notlee <:~f"Public h~arln>:: iS ziven in aceordanee with Sections 41 .and 42 or MielliJ::,an':> Aflndni:;ll·:.livc 

Proeedures Act, lW9 PA 306, :as amended, belog Soctions 24.241 nnd 24.242 of the l.l'lch.i~:?<n Compii«J l..ows. 

Administration or the rule:; is by authority conrel'I"Cd on the Dircetor or the DEQ by Section 5SIZ or Act <lSl 

and Exeeutive Order No. :Wll·L Thcseruleswill be<:otnc erfective irnn1ediately nne•· fil!rll; wilh lho r.ec•·t:l:u-y 

orSb.to. 

IS. Vi~son ~eeUw!~~ c~,.6et 

. Alilr' Q'¢.11aUgil:-:t li:::)uybi~~ 

Publil;hJuly a. 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)' of July, 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'·Reg~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~ Qual If IJM$»n • • 

Mi;Maa11 o.~paitrMnl of E'nWonmM~I C;tnr~ P.o: sox 00260 

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:_ .· 1 tffle 

0Hi9·'2012 

Michigan 

Register 

Published pursuant to § 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 of Regulatory Reinvention 
CONTENTS 

PROPOSED AD!YIINISTRATIVE RULES, 

NOTICES OF PUBLIC HEARINGS 

Department of Environmental Quality 

Alr Quality Division (2011-012) 

Part I General Provisions ................................................................................................. 2-12 

Heal'ing Notice .................................................................................................................. 13-14 

Department of Environmental Quality 

Air Quality Division (20 11-031) 

Pmt 6 Emission Limitation and Prohibitions Existing Sources of 

Volatile Organic Compound Emissions ............................................................................ l5-!6 

Hearing Notice .................................................................................................................. 17-18 

Department of Environmental Quality 

Air Quality Division (20 ll-035) 

Part 18 Prevention of Significant Detel'ioration of Air Quality ........................................ 19-34 

Heal'ing Notice .................................................................................................................. 35-36 

Department of Environmental 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 CODE TABLE 

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""E00• Dco:----------

Appendix Table 1 (2012 Session) (Legislative Service Bureau Pages (l-29) .............................. 61-61 
Attachment F 

Department 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 of the · 

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 of Air Quality; and, 

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

Nonattainment Areas. 

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 of the 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 of today's time listening to those comments. At 

the end of the 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: 

1 
ORR 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 of Air 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 

of Administrative Hearings and Rules' procedures. 

The purpose of Ieday'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 if it relates to the 

criteria that the Department must use in making a decision. Some of you may want to 

simply express your support or opposition to the proposed rules. We will be happy to 

make note of your 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 

of the Notice of Public Hearing, Regulatory Impact Statements, proposed rules, and 

summary of the 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 if you wish to make comments. We 

will use these cards to maintain a record of people who are interested in the proposed 

rules and to call upon those who want to make a statement today. To ensure that the 

hearing is conducted in a fair manner, we will follow these steps: 

2 
1. 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. 

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

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

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

represent. 

Note: The hearing officer can decide before the hearing if Item 3 and the following 

paragraph can be deleted due to few people 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. If you 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 of the information 

that the Department will consider when making its decision on the proposed rules. The 

public comment period for the proposed rules ends today at 5:00p.m. Any and all 

comments received by 5:00p.m. today will be considered when the Department makes 

its decision. 

Following the public hearing, we will review all of the 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. 

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

available immediately following this hearing to answer them. 

The hearing is now closed. Thank you again. 

(NOTE: If no one present hearing may be closed at 1 hour mark.) 

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 under the 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 of Volatile Organic 

Compound Emissions, ruleR 336.1618; 

Part 18, Prevention of Significant Deterioration of Air 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 PM10 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 of the 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 of what 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 US EPA to approve the DEQ's permitting 

rules. PM2.

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 US EPA'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 PM2.

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 PM2.

5, including condensable 

emissions in the definition of PM10, 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 of the 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 PM10, 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 PM2.

5 sources. R 336.2801 (nn)(i) adds the PM2.

5 precursors of sulfur 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 PM2.

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 PM2.

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 PM2.

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 PM2.

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 PM2.

5 

precursors (sulfur dioxide and nitrogen dioxide). 

R 336.2903 adds the PM2.

5 concentration values for the annual and 24-hour averaging 

times that would be considered a significant impact in a PM2.

5 nonattainment area. 

R 336.2908 is modified to include PM2.

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 staff will review the comments received and 

make appropriate changes to the proposed rules. The proposed rule package will then 

be submitted to the Office of Regulatory Reinvention, the Legislative Service Bureau, 

and the Joint Committee on Administrative Rules as prescribed by the Administrative 

Procedures Act, 1969 PA 306, as amended. Next, the rules will go into effect 

immediately after filing with the Secretary of State's office. 

The final rules will be submitted to the US EPA 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 of Environmental 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 of Environmental Quality (MDEQ). We have the following comments, specific to 

the identification of particulate matter with diameters of2.5 microns and 10 microns (PM25 and 

PMw). and the definitions of PM2.s and PMw emissions; these comments are consistent with the 

requirements of EPA's finaltule 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 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's April27, 2012, draft general provisions regulations contain 

references to PM2.s, PM2.s emissions, and PM2.s condensables, as well as PM10, PM10 emissions, 

and PMw condensables. However, we note that the current draft mles 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 -1 0" means particulate matter that has an aerodynamic diameter less than or equal to a 

nominal I 0 micrometers, as measured in the ambient air by a reference test specified in 40 

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 -I 0 at room 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 of the recommended test methods contained in 40 C.F.R. pati 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. pati 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 from a source or activity which condense to 

form PM2.s at room temperatures. Such condensable particulate matter shall be accounted for in 

applicability determinations in establishing emissions limitations for PM2.s. The determination 

of PM25 emissions including PM2.s condensables from a source shall be measured by one of the 

recommended test methods contained in 40 C.F.R. pati 51, appendix M." 

In addition to these specific changes, EPA 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. pati 51 

appendix M, should be incorporated by reference. 

' If you have further questions, please contact Andy Chang, of my 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 of the 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 of 2.5 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 

US EPA'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). 

US EPA 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, 

PM1o emissions, 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 of the 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 of an 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 of that 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 of the Appendix M emissions test method (Appendix M) in R 336.1116(k)(i) 

has been changed to 2012, the latest available. 
Attachment G 

Agency Report to 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 of tllis form to the Office of Regulatmy 

Reinvention at orr@michigan.gov. The ORR will review the document, the newspaper 

advertisements, and the corresponding rules prior to completing the legal certification of the mles. 

Please be sure to send to the ORR proofs of publication 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 of rules: 

I Prui I. General Provisions 

1. Name, address, FAX and phone numbers of agency 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 Floor Notih, 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 meet new requirements and rules of the United States 

Envirorunental Protection Agency (U.S. EPA). 

3. Summary of proposed rules: 

ModifY R 336.1116 by changing the definition of "PM I 0" by adding condensables and adopting 

federal test methods by reference and adding the definition of"PM 2.5." Under the definition of 

"Significant" in R 336.1119(e), a sigtlificance threshold for the new PM 2.5 pollutant was added. 

The definition of"Volatile Organic Compound" in R 336.1122(f) was modified by adding to the 

list of compounds with negligible reactivity. 
4. Name of newspapers and date of publication in newspapers (minimum 3 

newspapers of general circulation, representing different parts of the state, one of 

which must be located in the Upper Peninsula)_: 

The Mining Journal, July 9, 2012; The Oakland Press, July 9, 2012; and Lansing State Journal, 

July 9, 2012. 

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

August 9, 2012; 9:30am to 10:00 am; Constitution Hall, 525 West Allegan St., Lansing, MI 

6. Date of ublication of rules and 

August I, 2012. 

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

I'epresentativef s ]): 

Vince Hellwig, Chief, AQD; Bob Irvine, 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 of suggestions to modify proposed rules: 

The U.S. EPA submitted comments suggesting the expansion of the definitions for PM 10 and 

PM2.5. 

The U.S. EPA's comment is as follows: 

We have the following comments, specific to the identification of patticulate matter with 

diatneters of2.5 microns and 10 microns (PM 2.5 and PM 10), and the definitions of PM 2.5 and 

PM 10emissions; these comments are consistent with the requirements of the U.S. EPA'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 progran1s 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 I 0 

emissions, and PM I 0 condensables. However, we note that the current draft mles may be 

ambiguous in the characterization of PM 2.5 and PM I 0 as molecules in ambient air versus 

PM 2.5 and PM I 0 emissions and their associated condensables. We reconunend that MDEQ 

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 or equal 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 I 0 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 I 0 at room temperatures. Such condensable pmiiculate matter shall be 

accounted for in applicability determinations and in establishing emissions limitations for 

PM 10. The determination of PM 10 emissions including PM 10 condensables from a source 

shall be measured by one of the recommended test methods contained in 40 C.P.R. part 51, 

appendix M." 

""PM 2.5" 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.P.R. pmi 50, appendix L." 

""PM 2.5 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 room temperatures. Such condensable pmiiculate matter shall be 

accounted for in applicability determinations in establishing emissions limitations for PM 2.5. 

The determination of PM 2.5 emissions, including PM 2.5 condensables, from a source shall be 

measured by one of the recommended test methods contained in 40 C.P.R. pmi 51, appendix M." 

In addition to these specific changes, the U.S. EPA notes that consistent with MDEQ's existing 

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 that the changes the U.S. EPA recommends are necessmy. The 

recommended language is intended to distinguish between PM I 0/PM 2.5 ambient readings, 

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 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. The ambient 

levels included in the AQD mles are compared with estimates made through dispersion 

modeling; it is not possible to separate out incremental or increased ambient impacts from the 
background levels and impact of other nearby pollution sources. The AQD uses reference 

measurement methods at all our air monitoring sites and has formal commitments to do so. 

The date of the Appendix M emissions test method (Appendix M) in R 336.1116(k)(i) has been 

changed to 2012, the latest available. 

Date report completed: 

I September 10,2012 

(ORR-JCAR May 2011)